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10/16/2007 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING October 16, 2007 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA (At approximately 8: 00 p.m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA pa A. APPROVE MINUTES 1Ph ID B. PERSONNEL ITEMS r• 11 C. APPROVE CHECK REGISTERS r la D. APPROVE Tobacco License for Bassil Dyab to sell tobacco products at 4206 Nicols Road P (3 E. APPROVE Tobacco License for Robert Hollen to sell tobacco products at 1960 Cliff Lake Center #106 P ~y F. APPROVE Acceptance of a $700 Grant from Target to be used for the Police Department Explorer Program G. APPROVE 2008 - 2012 Parks and Recreation CIP i9 a) H. AUTHORIZE Application of a grant from the Minnesota Sesquicentennial Commission for enhancements to the Eagan Art House and Patrick Eagan Park I. APPROVE Findings of Fact for Denial of Set Back Variance Request for Garage at 526 Chapel Lane J. Item Removed 33, K. APPROVE Uniform Signage Plan for Grand Oaks Farmers Market X* L. AUTHORIZE Request for Special Legislation to Extend the Term of the Cedar Grove Redevelopment TIF District 09 M. APPROVE Resolution to Authorize Submittal of a Contamination Cleanup Grant Application to DEED and Commitment of a 25% Local Match for Environmental Investigation and Remediation in the Cedar Grove Redevelopment District Core Area N. ACKNOWLEDGE Completion and Approve Release from Development Contract for Reliance Development, Wings Addition ~j O. RECEIVE BIDS, AWARD CONTRACT - Contract 07-04 (Boulder Lakes Business Park - Street and Utility L Improvements / Lone Oak Road - Trunk Water Main Improvements) 41 P. RECEIVE BIDS, AWARD CONTRACT - Contract 07-06 (Lebanon Hills Regional Park - Storm Drainage / Long Acres - Outlet) LJ~ Q. RECEIVE BIDS, AWARD CONTRACT - Contract 07-07 (S. Dodd Road - Sanitary Sewer Lift Station Improvements) P:51 R. AUTHORIZE Solicitation of Qualifications for Consulting Engineering Services ,053 S. APPROVE Change Order Nos. 2-4 for Contract 06-01, TH 149 Reconstruction P 5A T. APPROVE BETC Legal Services Selection 7q U. APPROVE Amendment to the June 16, 2007 City Council Minutes v q V. APPROVE Massage Therapy Establishment License Renewal for John Sullivan - Cross Train Fitness and Health V. 0 PRESENTATION OF BUSINESS SURVEY RESULTS VI.q PUBLIC HEARINGS T 7 I A. PROJECT 918, Final Assessment Hearing, Pilot Knob Road & Lone Oak Road (Street Upgrade) ~1 tip B. PROJECT 944, Final Assessment Hearing, Killdeer Addition / Joyce Court (Street Overlay) 2 C. PROJECT 945, Final Assessment Hearing, Sheffield Addition (Street Overlay) VII. OLD BUSINESS P A. Stop Sign Petition VIII. NEW BUSINESS ~U"'A. PRELIMINARY SUBDIVISION - DG Welding First Addition - A Preliminary Subdivision of approximately 8.4 acres to create 2 lots located at 3265 Sun Drive and 3245 Terminal Drive on Lot 1, Block 1, Tan Me Industrial Park and Lot 1, Block 1, Bachman's Eagan Addition in the SE 1/4 of Section 08. IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ECONOMIC DEVELOPMENT AUTHORITY A. Call to Order B. Adopt Agenda oaf C. Approve Minutes D. Old Business E. New Business 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve Purchase Agreement for Acquisition of Bassil I, (al~ Dyab-Former Shell Station Property F. Other Business G. Adjourn XI. ADMINISTRATIVE AGENDA / COUNCIL COMMENTS XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. CLOSED SESSION XIV. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. 41~0 City of Eajan ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 12, 2007 SUBJECT: AGENDA INFORMATION FOR OCTOBER 16, 2007 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the October 16, 2007 City Council agenda, the following items are in order for consideration. i Agenda Information Memo October 16, 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 October 2, 2007 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the October 2, 2007 regular City Council meeting are enclosed on pages through a MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL ® n 'l r~ Eagan, Minnesota October 2, 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, Tilley and Bakken. Councilmember Carlson was absent. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on October 2, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Tilley, Fields and Bakken. Councilmember Carlson was absent Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert; City Attorney Michael Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that items I, Z and AA on the Consent Agenda would be continued and the first item under New Business on the EDA agenda regarding the Cedar Grove Shell Station would be continued. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATIONS Communications Director Garrison presented the winners of the 2007 Picture Eagan Photo Contest. CONSENT AGENDA Items I, Z and AA were pulled. Councilmember Bakken pulled item F. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the consent agenda as amended. Aye: 4 Nay: 0 A. Minutes. It was recommended to approve the minutes of the September 18, 2007 regular City Council meeting, the September 11, 2007 Special City Council meeting, and the September 25, 2007 City Council Retreat as presented. B. Personnel Items. 1. It was recommended to accept the letter of resignation from Brian Caron, Police Officer. 2. It was recommended to acknowledge the hiring of Karen Grimm as a CSO/Animal Control Officer which was approved at the September 18, 2007 Council meeting. C. Check Registers. It was recommended to ratify the check registers dated September 13 and September 20, 2007 as presented. D. Cancel Meeting. It was recommended to cancel the October 9 and the November 13, 2007 Special City Council meetings. E. Schedule Meeting. It was recommended to schedule Special City Council meetings for October 30 and November 8, 2007 at 5:30 p.m. F. Tax Forfeited Property. Mayor Maguire moved, Councilmember Tilley seconded a motion to declare the following parcels as non-conservation land: 3-0 Bakken abstained. 1. 10-42500-080-00 (Knob Hill of Eagan Outlot H) 2. 10-13800-010-00 (Berry Ridge Addition Outlot A) 3. 10-14992-050-01 (Briar Hill 3rd Addition Lot 5, Block 1) 4. 10-33050-071-01 (Hilltop of Eagan Lot 7, Block 1) 5. 10-33050-083-01 (Hilltop of Eagan Part of Lot 8, Block 1) 6. 10-01200-011-05 (Unplatted Part of Section 12) G. Assessment Agreement. It was recommended to approve an assessment agreement with the property owner (Heide Schiela) for 4420 Dodd Road. 3 Eagan City Council Meeting Minutes n October 2, 2007 /q T Page 2 H. Heart Health Living Program Agreement. It was recommended to approve the renewal of a ,contract with Heart Healthy Living, P.A. to provide cardiac rehabilitation maintenance program services at the Eagan Community Center and direct the Mayor and City Clerk to sign the agreement document. 1. Tobacco License. Councilmember Fields moved, Councilmember Bakken seconded a motion to continue indefinitely a Tobacco License for Bassil Dyab to sell tobacco products at Go For It Gas, 4206 Nicols Road. Aye: 4 Nay: 0 J. Election Judges. It was recommended to approve the list of election judges for the November 6, 2007 Special City Election. K. Set Public Hearing. It was recommended to set a public hearing for November 5, 2007 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. L. Set Public Hearing. It was recommended to set a public hearing for November 5, 2007 to consider the final assessment of the delinquent weed cutting bills and certify them to Dakota County for collection with property taxes. M. Set Public Hearing. It was recommended to set a public hearing for November 5, 2007 to consider the final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. N. Contract 06-01. It was recommended to approve Work Order Numbers 22-30 for Contract 06-01, TH 149 Reconstruction. 0. Contract 06-01. It was recommended to approve Supplemental Agreement Numbers 2B, 3B and 5 for Contract 06-01, TH 149 Reconstruction. P. Project O1-V. It was recommended to acknowledge the completion of Contract 01-V (Summit Hill- Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. Q. Joint Powers Agreement. It was recommended to approve a revision to the Joint Powers Agreement with Dakota County, Rosemount and Apple Valley for Lebanon Hills Regional Park Storm Water Management and Project 905R and authorize the Mayor and City Clerk to execute all related documents. R. Project 942. It was recommended to receive the Final Assessment Roll for Project 942 (Deerwood Drive - Street Overlay) and schedule a public hearing to be held on November 5, 2007. S. Project 946. It was recommended to receive the Final Assessment Roll for Project 946 (Thomas Center Drive - Street Overlay and schedule a public hearing to be held on November 5, 2007. T. Project 947. It was recommended to receive the Final Assessment Roll for Project 947 (Fawn Ridge 0 / 2nd Additions - Street Overlay) and schedule a public hearing to be held on November 5, 2007. U. Project 948. It was recommended to receive the Final Assessment Roll for Project 948 (Westbury Additions - Street Overlay) and schedule a public hearing to be held on November 5, 2007. V. Project 949. It was recommended to receive the Final Assessment Roll for Project 949 (Lexington Square Additions - Street Overlay) and schedule a public hearing to be held on November 5, 2007. W. Capital Improvement Plan. It was recommended to approve Dakota County's draft 5-year Transportation Capital Improvement Program for 2008 - 2012. X. Project 951. It was recommended to approve an Easement Agreement for Project 951 (South Dodd Road - Utilities and Lift Station Improvements) with the owner of Parcel No. 10-03600-030-51 and authorize the Mayor and City Clerk to execute all related documents. Y. Final Subdivision Planned Developments. It was recommended to approve a Final Subdivision to create 2 lots upon 2.88 acres located at the SW corner of Pilot Knob Road and Buffet Way in the NE '/4 of Section 4. It was recommended to approve a Final Planned Development for a gas station and convenience store with car wash upon Lot 1, Block 1, Manley commons, located at the SW corner of Pilot Knob Road and Buffet Way in the NE '/4 of Section 4. It was recommended to approve a Final Planned Development for a retail building, with drive-through service, upon Lot 2, Block 1, Manley Commons, on the SW corner of Pilot Knob Road and Buffet Way in the NE'/4 of Section 4. Z. Final Subdivision. Mayor Maguire moved, Councilmember Tilley seconded a motion to continue a Final Subdivision (Dodd Parkside) to create 12 single family lots upon 5.08 acres located east of Dodd Road and south of Red Pine Lane in the SW t/4 of Section 36 Aye: 4 Nay: 0 AA. Uniform Signa eg_ Plan. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue to October 16 consideration of a Uniform Signage Plan to allow additional signage for a seasonal Farmers Market at the Grand Oak Ojfice Building located at 2805 Dodd Road, legally described as Lot 1, Block 1, Grand Oak Five, in the NE % of Section 2. Aye: 4 Nay: 0 BB. Tobacco License. It was recommended to approve a Tobacco License for Holiday Stationstores to sell tobacco products at 1650 Diffley Road. Eagan City Council Meeting Minutes October 2, 2007 Page 3 PUBLIC HEARINGS VARIANCE - DAVID MEYER City Administrator Hedges introduced this item regarding a variance to allow a detached accessory structure in the front yard at 526 Chapel Lane. City Planner Ridley gave a staff report. David Rehder, representing the applicant was present to answer any questions of the Council. Mayor Maguire opened the public hearing. Three area residents expressed their concerns and opposition to the proposed garage being located in the front yard. There being no further public comment, Mayor Maguire closed the public hearing and turned discussion back to the Council. Staff responded to issues that were raised by the residents that spoke. Councilmembers discussed the concerns of the neighboring property owners and the hardship expressed by the applicant and it was the consensus of the Council that due to hardship issues being self-imposed and the objection of the neighbors, the variance should not be granted. Councilmember Fields moved, Mayor Maguire seconded a motion to direct Findings of Fact for Denial for a Variance to allow a detached accessory structure in the front yard on the East 100 feet of Lot 17, Burrview Acres, located at 526 Chapel Lane, in the NE'/4 of Section 12 to be considered on October 16, 2007. Aye: 4 Nay: 0 VARIANCE -1863 COVINGTON LANE (HUNTER BILL WAY) City Administrator Hedges introduced this item regarding a request for a variance of 5' to the required 5' rear yard setback; a variance of 4' to the maximum 10' side wall height for an accessory structure; and a variance to the architectural standards for an accessory building for property located at 1863 Covington Lane. City Planner Ridley gave a staff report. Hunter Way, applicant discussed the reasons for the requested variances. Mayor Maguire opened the public hearing. Five residents, including Mr. Way's daughter, spoke, stating they have no objection to the requested variances and the improvements to the accessory structure. Rick Chodek, resident, questioned the 0' setback to the rear property line. He expressed his opposition to the proposed variances. Staff responded to questions raised by Mr. Chodek regarding the rear property line setback. Councilmembers discussed the possibility of screening on the east side of the structure but came to the conclusion that it would not be necessary. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a variance of 5' to the required 5' rear yard setback for the property located at 1863 Covington lane, legally described as Lot 10, Block 1, Park Ridge 2nd Addition, I the NW '/4 of Section 32 subject to the following conditions: Aye: 4 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted I the variance. 5 Eagan City Council Meeting Minutes October 2, 2007 /q F Page 4 2. The applicant shall execute an Encroachment Agreement, prepared at the applicant's expense, to allow the structure to remain within the public drainage and utility easement. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a variance of 4' to the maximum 10' side wall height for an accessory structure for the property located at 1863 Covington lane, legally described as Lot 10, Block 1, Park Ridge 2nd Addition, I the NW i/4 of Section 32 subject to the following conditions: Aye: 4 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted I the variance. 2. The applicant shall execute an Encroachment Agreement, prepared at the applicant's expense, to allow the structure to remain within the public drainage and utility easement. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a variance to the architectural standards for an accessory building on property located at 1863 Covington lane, legally described as Lot 10, Block 1, Park Ridge 2nd Addition, in the NW `/4 of Section 32 subject to the following conditions: Aye: 4 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted I the variance. 2. The applicant shall execute an Encroachment Agreement, prepared at the applicant's expense, to allow the structure to remain within the public drainage and utility easement. 3. The exterior finish materials (siding, roofing, etc.) shall match the principal structure in type and color. VARIANCE - 4635 NICOLS ROAD (NICOLS SUITES, INC.) City Administrator Hedges introduced this item regarding a variance to allow a detached trash enclosure, and a Variance of 5' to the minimum required structure setback of 50' from a state highway, for property at 4635 Nicols Road. City Planner Ridley gave a staff report. The applicant stated he was available for questions. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a variance to allow a detached trash enclosure and a variance of 5' to the minimum required structure setback of 50' from a state highway for property at 4635 Nicols Road subject to the following conditions. Aye: 4 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A building permit shall be obtained prior to commencing construction. OLD BUSINESS There was no Old Business. NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT - USA CREDIT UNION City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow an ATM at the front entrance of the building located at 1519 Central Parkway. City Planner Ridley gave a staff report. Bruce Hermanson, representing USA Credit Union,, discussed the proposed ATM. l Eagan City Council Meeting Minutes October 2, 2007 A c r Page 5 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow an ATM at the front entrance of the building located at 1519 Central Parkway, legally described as Lot 1, Block 1, Yankee Doodle Professional Building, located in the SE 1/4 of Section 9, subject to the following conditions. Aye: 4 Nay: 0 1. An amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. The applicant shall submit two sets of folded full size plan sheets (min 1' = 100' scale; 22" x 34") of both the Landscape Plan and First Floor Reflected Ceiling Lighting Plan dated August 15, 2007. 3. The applicant shall submit two sets of folded full size plan sheets (min 1' = 100' scale; 22" x 34") as well as reduced 8 '/2 x 11" copies of an enlarged and revised Landscape Plan of the front entrance area. The ornamental grasses must be replaced with a shrub or perennial with a maximum full growth height of two feet. 4. The applicant shall submit two sets of folded full size plan sheets (min 1' = 100' scale; 22" x 34") as well as reduced 8 '/2 x 11' copies of a Photometric Plan identifying lighting levels at the front entrance area. 5. The applicant shall submit two sets of folded full size plan sheets (min 1' = 100' scale; 22" x 34") as well as reduced 8 '/z x I F copies of a Lighting Specification Sheet for the proposed lights used in the front entrance area. CONDITIONAL USE PERMIT - CITI CARGO City Administrator Hedges introduced this item regarding a Conditional Use Permit for outside storage of semi trailers on property located at 900 Apollo Road. City Planner Ridley gave a staff report. At Ofstehage representing Citi Cargo discussed the use of the site and the proposed outside storage of semi trailers. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit for outside storage of semi trailers on property located at 900 Apollo Road, legally described as Lot 1, Block 1, Apollo Subdivision, in the NE 1/4 of Section 11, subject to the following conditions: Aye: 4 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The bituminous surfacing shall be patched where necessary, and new concrete curb installed at the edge of pavement in areas where none currently exists. 3. All new and existing parking spaces and storage areas should be striped, surfaced with bituminous surface, concrete curb and gutter and storm drainage provided. 4. Landscaping/screening shall be provided so that the trailers are not visible from public right-of-way per the plan received August 15, 2007. 5. The outdoor trailer storage shall be limited to a maximum of 128 trailers and storage shall occur in the designated parking areas as indicated on the Site Plan dated May 1, 2007 and received August 15, 2007. 6. This CUP is intended and shall supersede and replace any and all prior Conditional Use Permits previously issued to the Property. ORDINANCE AMENDMENT FOR DYNAMIC SIGNAGE - CITY OF EAGAN City Administrator Hedges and Community Development Director Hohenstein discussed this item regarding an Ordinance Amendment to Chapter 11, Section 11. 70, Subd. 28 as it relates to dynamic signage. It was noted that the dynamic signage issue was previously discussed at a City Council work session. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Ordinance Amendment to Chapter 11, Chapter 11.70, Subd. 28; specifically as it relates to dynamic signage. Aye: 4 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to terminate the moratorium on dynamic signage upon publication. Aye: 4 Nay: 0 7 Eagan City Council Meeting Minutes October 2, 2007 Page 6 COMMENTS REGARDING ENVIRONMENTAL ASSESSMENT FOR POTENTIAL CONSOLIDATION OF USPS FACILITIES AT EAGAN BULK MAIL CENTER SITE City Administrator Hedges and Community Development Director Hohenstein provided background information on the potential consolidation of USPS facilities at the Eagan bulk mail center site. It was noted that the City of Eagan has consistently communicated that it would only be willing to serve as a host to the expanded facility if the issues that the City has identified as essential for the development of the property are included in the project and that the costs of mitigating impacts the parties identified would need to be paid for by the project. It was further noted that USPS has chosen not to meet the City's needs. Councilmember Fields moved, Councilmember Tilley seconded a motion to take a position to actively oppose the consolidation of the USPS facilities at the Eagan location until a binding written commitment is received by the City from the USPS or another responsible agency that the connection of Denmark Avenue will be completed and funded as a part of the relocation project. Aye: 4 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to authorize the submission of comments regarding the Environmental Assessment for the USPS Twin Cities Consolidation Project. Aye: 4 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to authorize staff to explore the potential for the City to call for a public hearing on the environmental review and/or an Environmental Impact Statement to address outstanding issues. Aye: 4 Nay: 0 BOARD OF ADJUSTMENTS AND APPEALS CENTRAL IRRIGATION City Administrator Hedges discussed the request b y Central Irrigation Co., Inc for a hearing before the Board of Adjustments and Appeals to consider removal of conditions 2, 8, 11 and 12 of a Conditional Use Permit that was approved on May 1, 2007. Councilmember Bakken moved, Mayor Maguire seconded a motion to adopt a resolution denying the request for a hearing before the Board of Adjustments and Appeals as being untimely and moot. Aye: 4 Nay: 0 The regular City Council meeting was recessed at 9:30 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 9:35 p.m. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no legislative / intergovernmental updates. ADMINISTRATIVE AGENDA The City Council directed the following items to the City's Finance Committee for review, study and recommendation: • 2007 Payable Market Value Homestead Credit • Status of Fund Balances • Community Investment Fund (CIF) a. Civic Arena Improvements b. Fire Apparatus - Ladder Truck c. DCC Capital Funding O Eagan City Council Meeting Minutes October 2, 2007 ?:.J Page 7 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Fields moved, Councilmember Bakken seconded a motion to adjourn the meeting at 9:40 p.m. Date Administrative Secretary / Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. Agenda Information Memo October 16, 2007 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Part-time Manager-on-Duty/Teen Center-- ACTION TO BE CONSIDERED: To approve the hiring of Melissa Lockman, part-time Manager-on-Duty at the Teen Center. Item2 Resignation/Recreation Supervisor— ACTION TO BE CONSIDERED: To accept the letter of resignation from Cathy Grubb, Recreation Supervisor. ~0 Agenda Information Memo October 16, 2007 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated October 4, 2007 and October 11, 2007 as presented. ATTACHMENTS: • Check register dated October 4, 2007 and October 11, 2007 are enclosed without page number. Agenda Memo October 16, 2007 CONSENT AGENDA: D. TOBACCO LICENSE FOR BASSIL DYAB - 4206 NICOLS ROAD ACTION TO BE CONSIDERED: Approve a Tobacco License for Bassil Dyab to sell tobacco products at 4206 Nicols Road FACTS: • Bassil Dyab has applied for a license to sell tobacco products at Go For It Gas ,4206 Nicols Road, formerly owned by Mohamed Musani. • This application was before the Council on October 2 and continued pending the correction of zoning violations on the property. • The property is now in compliance with the zoning ordinance. • All requirements of the application have been met and staff recommends approval of the tobacco license. ATTACHMENTS: None. The application is available for review in the Administration Department. /CR Agenda Memo October 16, 2007 CONSENT AGENDA: E. TOBACCO LICENSE FOR ROBERT HOLLEN - 1960 CLIFF LAKE ROAD, SUITE 106 ACTION TO BE CONSIDERED: Approve a Tobacco License for Robert Hollen to sell tobacco products at 1960 Cliff Lake Road, Suite 106 FACTS: • Robert Hollen has applied for a license to sell tobacco products at 1960 Cliff Lake Road, Suite 106. • The store will operate under the name S & E Tobacco • This property was formerly known as Regal Gifts and the tobacco license was issued to Sulieman Hersh. • All requirements of the application have been met. • The Police Department has reviewed the application and sees no reason to deny. ATTACHMENTS: None. The application is available for review in the Administration Department. 13 Agenda Information Memo October 16, 2007 Eagan City Council Meeting F. Acceptance of a $700.00 grant from Target Corporation to be used to help start a bicycle patrol program for the police explorer program. ACTION TO BE CONSIDERED: Accept the $700.00 grant from Target Corporation to be used to help start a bicycle patrol program for the police explorers. FACTS: • Each year, Target Corporation accepts applications from local law enforcement agencies to fund various projects in their communities. • Criteria for the awards include originality, scope of the project, creativity and value to the community in preventing crime and increasing an awareness in safety. • In May, the police department applied for funding to begin a bicycle patrol program for the police explorers. The explorers would patrol parks and retail areas in an effort to detect suspicious activity where they could report the issue to an officer. This practice is similar to their role in patrolling city parks. Recently, we were notified that Target Corporation awarded the police department $700.00 to help fund the project. We plan to use this award to renovate two bicycles we currently own and also to purchase another. The funds will also allow for the purchase of safety equipment for the riders. No attachments 1-T Agenda Memo October 16, 2007 City Council Meeting G. APPROVE the 2008-2012 Parks and Recreation CIP. ACTION TO BE CONSIDERED. Approve the 2008-2012 Parks and Recreation CIP as presented. FACTS: ■ One of the primary responsibilities of the APrC is the annual preparation and updating of the Departmental Capital Improvement Plan. The CIP serves as a blueprint and planning guide for park projects. Projects included in the CIP must be either a park development or improvement project. Funding for the CIP comes from the Park Site Fund, which consists primarily of money collected from developments at the time of platting in lieu of a dedication of land. ■ The City Council directed the APrC to review capital improvement projects in 5 year increments when addressing the needs for 2007 and beyond. ■ The new 20/20 Vision has been a guide to assist the APrC in reviewing the priorities and needs for capital expenditures for 2008 as well as the longer range planning through 2012. ■ Historically the APrC has submitted to the City Council a CIP that consists of the current or "active" year (2008) and projections for the next five years (through 2012). To allow sufficient time for implementation, the current or active year of the CIP is generally considered to be final while all other years are subject to change as part of future reviews. ■ As in previous CIF's the 2008 proposal also includes two line item allocations that are renewed on an annual basis as needed. These are the land acquisition "opportunity" fund, which would be used to help acquire priority open space should it become available, and the "small projects" fund, which is used to complete smaller, unanticipated, capital projects or to help leverage additional financial assistance from an association or alternative funding source. These funds remain in the account for reallocation if not spent in that given year. ■ At its August meeting, the APrC unanimously approved a CIP recommendation for 2008- 2012 and presented it to the Council for consideration at a workshop session on September 11, 2007. ■ The Council/APrC workshop included review and discussion of the overall Park Site Fund and how that might be sustained when there were no longer dedication dollars available. The City Council charged the APrC with-the task of looking further into future funding options but asked that the review separate acquisition from park development. ATTACHMENTS: • List of 2008 CIP projects, Page fle • List of 2008-2012 CIP projects, Pages 1-7-Jq • Activity Summary of Park Site Fund, Page AQ. /S 1 - 9f ~c W CL ICY °i 00 ~ ~ m C Z L~ r 13C z ID ID c J m w a 'r Y Z d U~ O W W . vas w J mm - co CL waO a CL U d O . O Oar xG0 ti O - a O 1 O ; U¢ e-a e- q k~ h` {,g aZR " .°u' ~ e~J} V}a 'Yr ? ; U} ^'`b' O CL- iL C 0. -t G s c d ; V r+ d✓~ C1 CA Q iv Q %4 " t l~ .Q IJt. N t O 1 ~ yip 44 r'~ 0 Cr ~ G E C ro! RS k m Q 3 j t GY3 Q, r z H CS iz . ~ ~ ~ s ~ lff ~ ~ ~ f:~`~, x~` r#~ of 0 ~G.~ s F.:%.~m' - t1 o,- t4 L - tG i'.: J p- Cx r a?' Sw r Et z •i Q. 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Ya b a,.~ Q ~ w C ~o > 0 b ~ ~ E~ w H W H W C7 Agenda Memo October 16, 2007 City Council Meeting H. AUTHORIZE application of a grant from the Minnesota Sesquicentennial Commision for enhancements to The Eagan Art House and Patrick Eagan Park. ACTION TO BE CONSIDERED: Authorize the preparation of a Minnesota Sesquicentennial Legacy Grant Application for improvements to The Eagan Art House and Patrick Eagan Park FACTS: • Minnesota will be celebrating is Sesquicentennial in 2008. The Minnesota Legislature has made available $325,000 in funding for communities to promote the celebration. • Legacy grants in the amount of $5,000 to $7,500 are being accepted for projects that are meaningful to residents and build connections between the local community and the state as a whole. The intended project will explore Minnesota's, thereby Eagan's, past, present and future through art & culture, education and the outdoors. The project will be enduring in nature and will be used for future generations. • Planned project includes an "inspiration" path from the west side of the Eagan Art House to the adjacent area of the planned park overlook. The path will include historical and artistic elements as it leads residents to a natural outdoor classroom. Historical elements may include display of farm implements or other items indicative of the land's history. Artistic elements may include mosaic stepping stones, signs explaining the art of the land (color, perspective, texture) or other sculptural projects. Native landscaping will also be incorporated into the path and outdoor classroom, connecting the park's natural setting to the project. • The project will give Eagan Art House students, as well as the public, additional learning environments. • The project will comply with the vision of the Patrick Eagan Park master plan. • The project will include a level of community involvement in the creation of the elements of the path. • Any sculptural elements will be approved by the APrC. • Grants are awarded as a 50% match with the City contribution being in-kind services or cash. • The estimated project cost is in the range of approximately $10,000 to $15,000. The City's portion of the project cost is available as part of the Patrick Eagan Park Master Plan implementation included in the 2008 Parks CIP. • The deadline for grant submission is November 1, 2007. Awards will be announced in mid-December. ISSUES: • None a~ Agenda Information Memo October 16, 2007, Eagan City Council Meeting 1. FINDINGS OF FACT CONCLUSIONS & RESOLUTIONS OF DENIAL - VARIANCE - DAVID MEYER ACTIONS TO BE CONSIDERED: To adopt the Findings of Fact, Conclusions & Resolution of Denial of a request for a Variance to allow a detached accessory structure in the front yard at 526 Chapel Lane in the NE 1/4 of Section 12. REQUIRED VOTE FOR APPROVAL: Majority of Council Members present FACTS: ➢ At its regular meeting on October 2, 2007, the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the proposed location of the detached accessory structure (garage) considered at the October 2, 2007, Council meeting. ISSUES: ➢ The applicant has submitted a letter to further clarify the discussion which occurred at the October 2, 2007 City Council meeting and to ask the Council to approve the application. 60 DAY AGENCY ACTION DEADLINE: November 9, 2007 ATTACHMENTS (4): Findings of Fact on page o_through& Draft October 2, 2007 City Council minutes on pageov d rest Applicant letter received October 11, 2007 on page through L Area map on page-3~1 - _ ~a BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of David Meyer FINDINGS OF FACT, for a Variance to Allow an Accessory Structure CONCLUSIONS AND (Detached Garage) in the Front Yard at 526 RESOLUTION Chapel Lane This matter came before the Eagan City Council at its meeting of October 2, 2007. The Council received and considered the September 25, 2007, Planning Report; input from City staff, evidence from the neighboring residents, together with all existing files, records and prior proceedings and material as presented to the Council. David Rehder appeared on behalf of David Meyer at the public hearing. Based upon all the files, records and input which was presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. David Meyer (the "Applicant") is the owner of the West 100 feet of Lot 17, Burrview Acres (the "Property"). 2. The Property is designated LD, Low Density Residential in the City's Comprehensive Guide Plan. 3. The Property is zoned R-1, Single Family Residential. 4. Public access is provided to the Property from Chapel Lane. 5. In 1999, a house was constructed by the Applicant on the Property and was sited approximately ninety-five (95) feet from and facing Chapel Lane; the house is approximately thirty (30) feet from the easterly side lot line and approximately twenty-one (21) feet from the westerly side lot line. oV 6. City Code Section 11.40, Subdivision 5(C)(1) provides that: "With the exception of an attached garage, no accessory building or structure may be placed within the front yard." 7. Applicant seeks a variance to the City Code to construct a detached garage (24 feet x 24 feet) in the front part of the Property, as depicted on the Site Plan attached hereto as Exhibit "A 8. City Code Section 11.30, defines a garage as an accessory structure. 9. Pursuant to City Code Section 11.60, Subdivision 5.E, the minimum setback of a garage from a side lot line is five (5) feet. 10. Pursuant to City Code Section 11.60, Subd. E, the minimum setback of a house from Chapel Lane is thirty (30) feet. 11. Pursuant to City Code Section 11.50, Subd. 3.B.3, in considering all requests for a variance, city council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. C. That special conditions or circumstances do not result from the actions of the applicant. d. That granting of the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. a~l 12. The City Public Works Director has indicated that a garage could be built adjacent to the existing home and still maintain adequate drainage from the front to the back of the lot. 13. The Applicant's proposal would place the garage approximately twenty- five (25) feet in front of the houses constructed on the lots adjoining the Property. CONCLUSIONS 1. The matter is properly brought before the Eagan City Council. 2. Applicant's stated hardship does not relate to circumstances over which the Applicant has or had no control. 3. The placement of the house, by the Applicant, closer to Chapel Lane would have provided ample space for a garage in the rear of the house, which would have eliminated the need for a variance. 4. The lot will accommodate a garage placed at or further back than the existing setback of the house from Chapel Lane. 5. The City seeks to preserve front yards unencumbered by detached structures. 6. The property retains a viable use without the granting of the variance. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's request for a Variance is hereby denied. Dated at Eagan, Minnesota this day of October, 2007. CITY OF EAGAN By: Mike Maguire Its: Mayor By: Maria Petersen Its: City Clerk v J~ Eagan City Council Meeting Minutes October 2, 2007 Page 3 PUBLIC HEARINGS VARIANCE - DAVID MEYER City Administrator Hedges introduced this item regarding a variance to allow a detached accessory structure in the front yard at 526 Chapel Lane. City Planner Ridley gave a staff report. David Rehder, representing the applicant was present to answer any questions of the Council. Mayor Maguire opened the public hearing. Three area residents expressed their concerns and opposition to the proposed garage being located in the front yard. There being no further public comment, Mayor Maguire closed the public hearing and turned discussion back to the Council. Staff responded to issues that were raised by the residents that spoke. Councilmembers discussed the concerns of the neighboring property owners and the hardship expressed by the applicant and it was the consensus of the Council that due to hardship issues being self-imposed and the objection of the neighbors, the variance should not be granted. Councilmember Fields moved, Mayor Maguire seconded a motion to direct Findings of Fact for Denial for a Variance to allow a detached accessory structure in the front yard on the East 100 feet of Lot 17, Burrview Acres, located at 526 Chapel Lane, in the NE '/4 of Section 12 to be considered on October 16, 2007. Aye: 4 Nay: 0 VARIANCE -1863 COVINGTON LANE (HUNTER BILL WAY) City Administrator Hedges introduced this item regarding a request for a variance of 5' to the required 5' rear yard setback; a variance of 4' to the maximum 10' side wall height for an accessory structure; and a variance to the architectural standards for an accessory building for property located at 1863 Covington Lane. City Planner Ridley gave a staff report. Hunter Way, applicant discussed the reasons for the requested variances. Mayor Maguire opened the public hearing. Five residents, including Mr. Way's daughter, spoke, stating they have no objection to the requested variances and the improvements to the accessory structure. Rick Chodek, resident, questioned the 0' setback to the rear property line. He expressed his opposition to the proposed variances. Staff responded to questions raised by Mr. Chodek regarding the rear property line setback. Councilmembers discussed the possibility of screening on the east side of the structure but came to the conclusion that it would not be necessary. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a variance of 5' to the required 5' rear yard setback for the property located at 1863 Covington lane, legally described as Lot 10, Block 1, Park Ridge 2"d Addition, I the NW '/4 of Section 32 subject to the following conditions: Aye: 4 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted I the variance. 47 RECEIVED OCT 111007 526 Chapel Lane, Eagan MN 55121 651-681-9954 To: Eagan City Council October 10, 2007 3830 Pilot Knob Road Eagan, MN 55122 Re: Variance Application for 526 Chapel Lane - Clarifications I apologize for not being at the council meeting on Oct. 2nd. Having reviewed the video posted on the city website I would like to offer some clarifications to the discussion. In regards to the property located at 526 Chapel Lane in Eagan (The West 100 feet of Lot 17 in the 500 block of Burr View Acres) please review the follow clarifications: 1. My home was built prior to the requirement for a garage structure along with the home. 2. 1 did ask the planning office if it was OK for me to place a garage in front or in back and was told it didn't matter. The mayor suggested, "ignorance is no defense': However, I am not claiming ignorance I was very careful to ask the question "can I put it in front or in back?" and was told, "Either would be fine". 3. Mr. Colburn and Mr. Ridley suggested it would be possible to attach a garage to the east side of the house. The swale would then be forced around the garage and could cause excessive drainage into Mr. Roe's lot creating the potential for water seepage into his basement. 4. As Mr. Hedges indicated there is a gradual slope running from the right side of the house to the left side. Attaching a garage at the same elevation as the house would require a six to eight foot retaining wall to be placed along the east side of the property. Mr. Roe would then be faced with looking not only at the side of my garage but also at rather large retaining wall as well. This would have to be placed within five feet of Mr. Roe's property line. 5. You will also notice that my lot is only 100 feet in width where everyone else is 130 feet in width. Thus my options were more limited at the time of construction than the rest of the neighbors. This is a direct result of Mr. Roe selling off 30 feet of the property to his mother. See the original variance application for further detail on the reason for this. 6. Mr. Roe stated "I informed Dave before he bought the property I wanted his house in line with my home and the others. He said that wasn't a problem and I assumed he was going to attach a garage. Had he indicated his intention was to build a garage in front I never would have agreed to sell him the lot. " a. This statement can not possibly be true as I did not even meet Mr. Roe until several weeks after the sale of the property was complete. His daughter-in-law served as power of attorney at the closing for the property because he was up north at his cabin in Virginia, MN where he spends six months out of the year. a~ RECEIVED OCT 1127 7. Mr. Schaaf stated that my structure was "huge" yet I believe his home has more square footage than mine. Mine looks bigger because his is a ranch style home and sits on a relatively flat lot. Mine is a modified two story and sits on a hill. 8. Mr. Schaaf also has a detached barn structure that sits slightly in front of his house that does not match the exterior of his home, is dome shaped, with a roofing and siding material that appear to be silver sheet metal. Again, my proposed garage would match the log siding on my home. 9. In addition, Mr. Roe and Mr. Schaaf currently have a secondary detached structure that sits behind both of their houses and dead center on their property line (i.e. the structure straddles their property line). I am positive this does not meet any current city ordinance or requirement. 10. Ms. Evans stated she didn't want to look at my garage out her front window. This isn't possible since her garage is on my side of her house and there is no window on that side. Furthermore, sitting on my back porch I am faced with looking at a dog kennel Ms. Evans has for her two dogs that has grown from a 6x8 structure to a 25x40 structure. 11. Furthermore, Ms. Evans home and driveway currently sit within 6-10 feet of my property line. 12. As mentioned during the meeting the two houses across the street from me have detached garages that are much closer than the current 30-foot setback requirement. 13. Item # 8-12 are mentioned to demonstrate that my desire to place a garage in front is not inconsistent with some of the other unique characteristics of a 40 (plus) year-old neighborhood). 14. Councilmember Fields suggested opposition from neighbors as her reasoning. Please see attached letter with signatures from other neighbors who do not object to the project. 15. Councilmember Tilley expressed concern for the placement of the garage to the rear and was correct in her assumption that it would block the view of the lake. In addition there are three large oak trees located to the rear of the home. If the garage is placed in the rear two of the trees would need to come be removed. As a result of all of this it can clearly be demonstrated that this is a unique neighborhood with many interesting characteristics. Part of the reason we wanted this lot is because no two houses on the block are alike. The third house to the west of my property has an attached garage that is also only 15 feet off of the street. The suggested garage size is as minimal as I can make it limiting the amount of impact on the neighbors and yet maintaining the swale as requested by the city. I believe there is room to move the garage closer to the house (approximately 15 feet away) and still leave the swale in place. I am asking the city to reconsider the application and take another vote based on the facts listed above. Respectfully submitted, David G. Meyer RECEIVED OCT 11 0! Section A of original application A. Exceptional or extraordinary circumstances apply to the property, which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of the property have no control. a. Most lots on our block are 130-160 feet in width. However, our lot sits at 100 feet. (See exhibit A& Picture A) b. The reason for this difference is the neighbor to my immediate right (as you are facing the street and owned by Clyde Roe) owned his lot as well as my lot and his mother originally owned the lot on my immediate left 35+ years ago. When they decided to build the house for his mother they needed an additional 30 feet to keep the home from being placed too far down the embankment that exists on that property thus making city water and sewer inaccessible. c. As a result 30 feet was taken off of my current lot and given to the lot now occupied by Mr. Roe's sister, Beverly Evans (as you are facing the street), thus shrinking the size of my lot to 100 feet. d. When completing my home I was careful to make sure the house itself was the same distance from the street as the houses on both sides of mine. e. The placement of the house simply does not allow enough room for a garage to be positioned in the same manner. If the garage were to be placed even with the house it would create about a two-foot wide sidewalk between the house and the garage. This would also require the taking down of the deck on that side of the house and the installation of significantly cost prohibitive landscaping. 3D . r r, y , 8 4r . 1 44 Agenda Information Memo October 16, 2007 Eagan City Council K. UNIFORM SIGNAGE PLAN - GRAND OAK FARMERS MARKET ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) a Uniform Signage Plan to allow additional signage for a seasonal Farmers Market at the Grand Oak Office Building located at 2805 Dodd Road, legally described as Lot 1, Block 1, Grand Oak Five, in the NE '/4 of Section 2, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: The Grand Oak Farmers Market was approved by the City Council on September 4, 2007 however staff was directed to work with the Applicant regarding directional signage. After working with staff and their sign company, Interstate Partners LLC is proposing to add signage to the existing pylon sign. The Applicant proposes a 12-foot by 36-inch vinyl banner to be placed on each side of the existing pylon sign. The banners will be displayed from the third Thursday in August through October. The Advisory Planning Commission held a public hearing on August 28, 2007 and is recommending approval. ISSUES: ➢ None. 60 DAY AGENCY ACTION DEADLINE: November 14, 2007 ATTACHMENTS (3): Revised Site Plan on page33 Proposed signs on pages 1hrougtr September 4, 2007 CC Minutes on page ` Rg 3c 6ga of P 9 i 9~t t S r'IV Y J S"~ S _ •.0 (Siuo apis auo) / @._ " r411 U 21S c£ % J W, \ - a2lossauu N \ t u2ts c9 x X m m rTn rn 5 l-', T8111---F t ° F R`s`sb, n i e:, m S~i69 l eBd i1 GRAND OAK BUSINESS PARK SITE PLAN ~uauxaa~j~ a.~~u~is ~a~~~y~ saau~~~3 pasodo~~ 3's 12' -r G.O. Farms Every I hmr~&Jly Alit 1l61112 thr" OVL tbl it • :3i1 put i t Two 18 oz. vinyl bens, m6 3'x 12' one on each sift of pylon date 34 scale This drawing is the property of drawing # Discover Signs site 5745 19th Arse-S. Mplsti, MN 55417 tcstarirter 612-382-6861 art discoversigns,com Eagan City Council Meeting Minutes September 4, 2007 Page 4 PLANNED DEVELOPMENT AMENDMENT - GRAND OAK FARMERS MARKET City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a seasonal Farmers Market at the Grand Oak Office Building located at 2805 Dodd Road. City Planner Ridley gave a staff report and reviewed discussions he had today with the applicant and Councilmember Carlson that resulted in revised conditions. The applicant was present and discussed the proposed Farmers Market. Councilmembers discussed the signage for the proposed market in regard to the Sign Ordinance. It was agreed that further discussion between staff and the applicant regarding directional signage should occur and be shared at a future Council meeting. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow a seasonal Farmers Market at the Grand Oak Office Building located at 2805 Dodd Road, legally described as Lot 1, Block 1, Grand Oak Five, in the NE '/4 of Section 2, subject to the following conditions: 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office within 30 days of City Council action. 2. The Farmers Market shall commence annually on the third Thursday of August and continue on successive Thursdays through October. 3. Hours of operation shall be from 3:30 p.m. to 6:30 p.m. 4. The vendor location shall be per the site plan received September 4, 2007. 5. The farmers market shall include farmers produce, food and flowers as well as ready made food and non- alcoholic beverages from local restaurants, not to exceed the 32 parking spaces per the Site Plan received September 4, 2007. 6. The following signage is allowed: a. One 3' x 6' temporary sign, limited to Farmer's Market event information, on 2805 Dodd Road (Lot 1, Block 1, Grand Oak Five) beginning the second week of August through the end of October. 7. This amendment shall expire at the end of June 2009. An application to extend the period shall be allowed without a new application fee and new Public Hearing; this item shall go directly to the City Council for consideration. REZONING AND FINAL PLANNED DEVELOPMENT - OAKWOOD EAST - DAKOTA COUNTY CDA City Administrator Hedges introduced this item regarding a requested rezoning from R-4, Residential Multiple, to PD, Planned Development of approximately 6.13 acres located at 2065 Park Center Drive. City Planner Ridley gave a staff report. Mark Ulfers, Director of the CDA, discussed the proposed affordable senior housing. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Rezoning from R-4, residential Multiple, to PD, Planned Development, of approximately 6.13 acres located at 2065 Park Center Drive, in the SE '/4 of Section 30. Aye: 4 Nay: 0 Councilmember approve moved, Councilmember seconded a motion to approve a Final Planned Development to allow construction of a new 55-unit 3-story apartment building for persons aged 55 and older upon approximately 6.13 acres located at 2065 Park Center Drive, in the SE '/4 of Section 30, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall execute a Final Planned Development Agreement which includes the following plans: • Site Plan • Building Elevations • Site Lighting Plan • Landscaping Plan Agenda Information Memo Eagan City Council Meeting Consent Agenda October 16, 2007 L. AUTHORIZE REQUEST FOR SPECIAL LEGISLATION TO EXTEND THE TERM OF THE CEDAR GROVE REDEVELOPMENT TIF DISTRICT ACTION TO BE CONSIDERED: To authorize the submittal of a request for special legislation to extend the term of the Cedar Grove Redevelopment TIF District. FACTS: ➢ The City of Eagan established the Cedar Grove Redevelopment TIF District for purposes of replacing a market obsolete shopping center, providing new life cycle housing options for Eagan residents, enhancing the public transit framework and correcting a number of traffic problems in the project area. ➢ The District was certified by Dakota County on July 22, 2003 and the first increment was received in 2004. On the basis of the five year rule, any expenditures to be paid for by TIF revenues are to be expended by July 22, 2008 and the district will run through 2029, which will be twenty-five years from the date of the first increment, or when the obligations of the plan are satisfied, whichever occurs first. ➢ As called for in the TIF Plan and Redevelopment Plan, substantial activities have occurred in the Cedar Grove Area, including the acquisition of the majority of the redevelopment properties, the relocation of the businesses from those properties, the installation of Cedar Grove Parkway and the Silver Bell Road-Hwy 13 intersection, the development of the Keystone Communities senior housing project, the initiation of the Nicols Ridge townhome project, the demolition of a number of acquired structures and, most recently, the selection of a new master developer for the core area. ➢ Privately financed development has also occurred within the district with the construction of the new McDonalds restaurant, River Ridge Condominiums, Opus Office Showroom and Schwans Distribution Facility and the fagade and tenant space upgrades at the former Silver Bell Center, now called The Shoppes at Cedar Grove. ➢ While these developments have occurred, new development in the core area has been delayed by the time necessary to acquire and assemble the redevelopment parcels. Added to the number of parcels, the sheer size of the Cedar Grove Redevelopment District means that it will be redeveloped over several phases of several years each. ➢ In addition, earlier masterplans were largely focused on a large number of condominiums, the market for which suffered a serious decline prior to the initiation of the core area redevelopment. This was beyond the control of previous developers or the City, but it resulted in the need to select a different development partner and consider a different mix of uses, with different intensities and market values for the core area. ➢ The nature and scale of the remaining public and private expenditures will be defined by the phasing and overall value of the remaining development. The Doran-Pratt team is proposing to complete a substantial, market supportable mixed use project that will generate significant tax base and tax increment value. As the masterplan review occurs, development agreements are negotiated and development is undertaken, the balance of projected revenues and required public subsidy and expenditures will become better defined. 3tp ➢ Doran Pratt hopes to have masterplan approvals and first phase approvals in place in time to begin construction by mid-2008, at about the time that the five year rule will be reached, at which time no additional TIF expenditures may be made, meaning that should the development plan identify expenditures or improvements that require public financing assistance, TV revenues may not be applied for that purpose. ➢ In addition, there will be 21 years remaining in the original district term, rather than the original 25, so the tax base of what is expected to be the most substantial private investment in the form of the core area redevelopment will only become available to support project expenses with 20 or fewer years of TIF collection remaining. ➢ It is fairly common for larger, more complex or multi-phase projects to take a number of years to complete property assembly or initiate substantial portions of their development plans. In those circumstances, cities may approach the Legislature requesting special legislation to extend the terms of their TTF districts, to permit a longer period for initial expenditures and an extended term for repayment of the financing for those expenditures. In recent years, the Cities of Richfield, Hopkins, Burnsville and Inver Grove Heights have made such requests for redevelopment projects and other cities have received similar approvals in the past as well. ➢ In those circumstances, a typical request is to extend the district term and expenditure timelines by five years. Staff and the City's fiscal consultant, Ehlers and Associates are requesting Council action to authorize the submittal of a request to the Legislature for such action with respect to the Cedar Grove Redevelopment TTF District for consideration in the 2008 Legislative Session. ATTACHMENTS: ➢ None Agenda Information Memo Eagan City Council Meeting October 16, 2007 M. ADOPT RESOLUTION APPROVING APPLICATION SUBMITTAL AND FUNDING COMMITMENT MATCH FOR CONTAMINATION INVESTIGATION AND RAP DEVELOPMENT GRANT ACTION TO BE CONSIDERED: To adopt a resolution approving the application submittal and 25% local funding commitment match for a Contamination Investigation and RAP Development Grant for environmental cleanup in the Cedar Grove Redevelopment Core Area. FACTS: • Under the authority of the Contamination Cleanup Grant Program, The Minnesota Department of Employment and Economic Development is able to award grant funds toward the costs of investigating for contaminants and developing a Response Action Plan (RAP) for improvement sites. • Application for the contamination investigation grant must be for sites that are planned for building or other improvements that provide a public benefit. Residential developments should have an affordability component. • The Contamination Cleanup grant would provide environmental investigation and remediation funds for the core area of the Cedar Grove Redevelopment Area. • The applicant must pay for at least 25% of the total estimated investigation costs as a local match. It is anticipated that TIF proceeds from the redevelopment area will be used as a fund source. ATTACHMENTS: • Resolution on pages 3e CITY OF EAGAN DAKOTA COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING APPLICATION AND FUNDING COMMITMENT MATCH FOR CONTAMINATION INVESTIGATION AND RAP DEVELOPMENT GRANT APPLICATION WHEREAS, under the authority of the Contamination Cleanup Grant Program, The Minnesota Department of Employment and Economic Development is able to award grant funds toward the costs of investigating for contaminants and developing a Response Action Plan (RAP). WHEREAS, the Contamination Cleanup grant would provide contamination investigation funds for the core area of the Cedar Grove Redevelopment Area. Therefore, BE IT RESOLVED that the City of Eagan, MN has approved the Contamination Cleanup grant application submitted to the Department of Employment and Economic Development (DEED) on October 16, 2007, for the Cedar Grove Redevelopment Area. BE IT FURTHER RESOLVED that the City of Eagan, MN acts as the legal sponsor for the project contained in the Contamination Cleanup Grant Program to be submitted on November 1, 2007 and that the City Administrator is hereby authorized to apply to the Department of Employment and Economic Development for funding on this project on the behalf of the City of Eagan. BE IT FURTHER RESOLVED that the City of Eagan has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration. BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified. BE IT FURTHER RESOLVED that the City of Eagan has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, The City of Eagan may enter into an agreement with the State of Minnesota for the above- referenced project, and that the City of Eagan certifies that it will comply with all applicable laws and regulation as stated in all the contract agreements. 3~ NOW, THEREFORE BE IT FINALLY RESOLVED that the City Administrator is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. I CERTIFY that the above resolution was adopted by the City Council of the City of Eagan on October 16, 2007. SIGNED: WITNESS: Its Mayor Its City Clerk (date) (date) Agenda Memo October 16, 2007 Eagan City Council Meeting N. RELEASE OF DEVELOPMENT CONTRACT - WINGS ADDITION ACTION TO BE CONSIDERED: To approve release of Development Contract between the City of Eagan and Wings Financial Federal Credit Union for Wings Addition. FACTS ➢ The City and Wings Financial Federal Credit Union entered into a Development Agreement dated May 17, 2005 concerning the development of the Wings Addition, a commercial development near Denmark Avenue and Northwood Parkway. ➢ The Developer recorded the Development Agreement with the Dakota County Registrar of Titles. ➢ Wings Financial sold one lot to Reliance Development, who subsequently developed it. Reliance is now requesting that the Development Agreement be released. ➢ The Developer has completed all requirements of the Development Agreement and is requesting that the Agreement be released. ➢ City Staff has determined that the public improvements constructed under this development are acceptable and the City accepted the improvements in November, 2005. ➢ With all requirements of the Development Agreement met, City staff recommends that the Agreement be released. ATTACHMENTS (1): Release of Development Contract, pages through. ~I RELEASE OF DEVELOPMENT CONTRACT This Release of Development Contract ("Release") is made this day of , 2007, by and between CITY OF EAGAN, a Minnesota municipal corporation (hereinafter "City"), and WINGS FINANCIAL FEDERAL CREDIT UNION, a federal chartered credit union ("Developer"). WHEREAS, the Developer entered into a certain Development Agreement by and between the City of Eagan and Wings Financial Credit Union, a federal chartered credit union, dated May 17, 2005 and recorded July 25, 2005, as Document No. 2343156 with the Dakota County Recorder's Office ("Development Contract"); and WHEREAS, the Development Contract provides that upon submittal by Developer of the required as-built plans for each plan identified in paragraph 3.1 of the Development Contract and upon payment of all costs owed to the City, the Developer may apply in writing for a release of its obligations except those imposed pursuant to paragraph 8.4 of the Development Contract; and WHEREAS, the Developer has submitted the required as-built plans and has provided payment of all costs owed to the City and the City is willing to release the Developer and the Property from the terms and conditions of the Development Contract, subject to the terms and conditions of this Release. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Developer agree as follows: 1. Except as provided in Section 2 below, the City does hereby release the Developer, its successors and assigns, from its obligations under the Development Contract. 2. Notwithstanding the provisions of Section 1 above, the obligation to pay a special assessment set forth in Section 8.4 of the Development Contract shall constitute a covenant running with the land. 3. Developer hereby represents and warrants to the City that Developer has the power and authority to enter into a perform its obligations under this Agreement, 10) and such performance will not conflict with or result in the breach of any terms, conditions or provisions of any agreement or instrument to which Developer is a party or by which it is bound. 4. This Release shall be binding upon and inure to the benefit of the City and Developer and their respective successors and assigns. 5. This Release shall be governed by and construed in accordance with the laws of the State of Minnesota. CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Maria Petersen Its: Clerk WINGS FINANCIAL FEDERAL CREDIT UNION, a federal chartered credit union By: Its: STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of 2007, by Mike Maguire and Maria Petersen, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public ~3 STATE OF MINNESOTA) )ss. COUNTY OF ) The foregoing was acknowledged before me this day of 2007, by , the of WINGS FINANCIAL FEDERAL CREDIT UNION, a federal chartered credit union, on behalf of the federal chartered credit union. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Robert B. Bauer SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 953-8847 (RBB: 206-23093) Agenda Information Memo October 16, 2007 Eagan City Council Meeting 0. CONTRACT 07-04 BOULDER LAKES STREET & UTILITY/ LONE OAK ROAD TRUNK WATER MAIN IMPROVEMENTS BOULDER LAKES IMPROVEMENTS ACTION TO BE CONSIDERED: Award Contract 07-04 (Boulder Lakes Street & Utility/ Lone Oak Road Trunk Water Main Improvements), to S.J. Louis Construction, Inc. for the base bid in the amount of $1,455,561, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 07-04 provides for the public street & utility improvements to serve the Boulder Lakes Business Park development and the trunk water main improvements along Lone Oak Road (City Project No. 952) • On August 21, 2007, the City Council authorized these street & utility improvements. • On September 4, 2007, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 07-04. • At 10:30 a.m. on October 9, formal bids were received for this project. Alternate bids were also received for the trenchless installation of high-density polyethylene trunk water main pipe along Lone Oak Road, in lieu of open trench ductile iron pipe. A copy of the bid summary is enclosed. • All easements necessary for construction of these improvements have been acquired from the impacted properties. • All bids have been reviewed for compliance with the bid specifications and accuracy on price extensions and summations. The low base bid from S.J. Louis Construction, Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action. The alternate bid was researched and evaluated by the Engineering and Utility Maintenance Divisions and is not recommended for consideration of inclusion in the contract award. ATTACHMENTS: • Bid Summary, page. BID SUMMARY Boulder Lakes Street & Utility Improvements Lone Oak Road Trunk Water Main Improvements City Project No. 952 - City Contract No. 07-04 Bid Date: Tuesday, October 9, 2007 Bid Time: 10:30 a.m. Contractors Total Base Bid Alternate Bid* Total w/ Alternate S.J. Louis Construction Co. $ 1,455,561 9,929 $ 1,465,490 Min er Construction $ 1,459,592 -$68,492 $ 1,391,097 S.M. Hen es & Sons Inc $1,483,260 -$67,261 $1,415,999 Dirt Pro $ 1-57,d 944 57 491 $ 1,517,452 Northdale Construction $1,598,675 -$73,675 $ 1,525,000 Northwest Asphalt $1,622,416 -$70,342 $1,552,074 Ryan Contracting $ 1 649 592 20 458 $ 1,629,134 Max Steininger Inc $ 1,783,651 -$68,315 $ 1,715,336 _ Park Construction Co $ 1,856,780 -$107,069 $1,749,710 Arcon Construction $2,001,735 -$45,184 $ 1,956,551 * Alternate Bid - Trenchless Polyethylene Trunk Water Main Pipe in lieu of open-trench ductile iron pipe Project 952 - Boulder Lakes/ Lone Oak Rd - Base Bid Low Base Bid - S.J. Louis $ 1,455,561 Preliminary Feas Report Est $ 1,836,010 Percent Under Estimate 20.7% Engineers Estimate $1,766,621 Percent Under Estimate 17.6% Project 952 - Boulder Lakes/ Lone Oak Rd - Base + Alternate Bid Low Alternate Bid - Minder $1,391,097 Preliminary Feas Report Est $ 1,836,010 Percent Under Estimate 24.2% Engineers Estimate $1,766,621 Percent Under Estimate 21.3% Agenda Information Memo October 16, 2007 Eagan City Council Meeting P. CONTRACT 07-06 LEBABNON HILLS REGIONAL PARK/LONG ACRES STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the bids for Contract 07-06 (Lebanon Hills Regional Park/Long Acres - Storm Sewer Improvements) and award the contract to Minger Construction, Inc. for the Base Bid in the amount of $747,142.75, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 07-06 provides 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). The improvements include the required diversion and pre- treatment pond for Jensen Lake as discussed during the Steeplechase development. • 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 proj ect. • On May 1, 2007, the City Council approved Project 905R, the core storm drainage improvements that will provide for the conveyance of storm drainage 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. • On July 17, the City Council approved a Joint Powers Agreement with Dakota County, Rosemount and Apple Valley for Lebanon Hills Regional Park Storm Water Management and Project 905R. On October 2, the Council approved a revision to the Joint Powers Agreement that addressed a negotiated compromise between Eagan, Dakota County and Rosemount. • On September 4, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 07-06. • At 10:30 a.m. on October 9, formal bids were received for this project. A copy of the bid summary is enclosed. • The alternate bids are not ready for consideration of award with the base bid at this time as the required Department of Natural Resources permits have not been issued and related easement dedications are still being negotiated. It is anticipated that these alternates may be presented for future Council consideration as a change Order upon issuance of the required permits and easement dedications. • All bids have been reviewed for compliance with the bidder qualifications, bid specifications and accuracy on unit price extensions and summations. The low bid from Minger Construction, Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENT: • Bid Summary, page. 7 Long Acres Outlet / Lebanon Hills Regional Park Bid Results & Low Bid Comparision to Engineer's Estimate City Project No. 905R City Contract No. 07-06 October 11, 2007 Bid Date: Tuesday, October 9, 2007 Bid Time: 10:30 A.M. Total with Contractor Base Bid Alt. No.1 Alt. No. 2 Alternate 1 & 2 1 Minger Construction, Inc. $747,142.75 $52,418.75 $44,644.80 $844,206.30 2 Veit & Company, Inc. $784,380.75 $51,288.50 $40,268.00 $875,937.25 3 Arcon Construction Co., Inc. $842,314.95 $103,363.55 $55,790.35 $1,001,468.85 4 Park Construction Company $911,112.20 $77,868.20 $85,223.50 $1,074,203.90 5 LaTour Construction, Inc. $919,991.05 $62,714.15 $61,990.50 $1,044,695.70 6 Shafer Contracting Co., Inc. $979,757.74 $78,080.00 $58,740.10 $1,116,577.84 7 Northdale Construction Company, Inc. $984,075.75 $125,090.08 $52,034.51 $1,161,200.34 8 Ryan Contracting Co. $1,004,941.70 $125,014.00 $81,445.00 $1,211,400.70 9 Geislinger & Sons, Inc. $1,092,165.45 $75,207.00 $84,175.00 $1,251,547.45 10 St. Paul Utilities & Excavating, Inc. $1,412,109.60 $93,405.00 $138,500.00 $1,644,014.60 A Bid was received form Dahn Construction in the amount of $889,495.50 for the Total Base Bid. Dahn Construction's Bid did not reflect the changes addressed by Addendum No. 2 and therefore rejected. ngmeer s Bid Form Parts Estimate Low Bid Difference Pond LP - 51 Improvements $66,135 $22,074 ($44,061) * McDonough Lake Outlet to Pond LP - 51 $559,666 $565,004 $5,338 Marsh Lake Outlet Bioswale $62,165 $62,540 $375 Gun Club Lake Outlet and Pipe $99,588 $102,217 $2,629 Pond 40 Diversion to Jensen Lake $61,917 $92,370 $30,453 Total $849,471 $844,206 ($5,265) * Includes total for Alternate No.1 and Alternate No.2 Agenda Information Memo October 16, 2007 Eagan City Council Meeting Q. L CONTRACT 07-07 SOUTH DODD ROAD UTILITY & LIFT STATION IMPROVEMENTS IMPROVEMENTS ACTION TO BE CONSIDERED: Award Contract 07-07 (South Dodd Road Utility and Lift Station Improvements), to Geislinger and Sons, Inc., for the base bid in the amount of $236,733, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 07-07 provides for the public water main, sanitary sewer and lift station improvements to serve the pending Dodd Parkside and Marsh Cove developments, and surrounding area. • On June 19, 2007, the City Council authorized these lift station & utility improvements. • On September 18, 2007, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 07-07. • At 10:30 a.m. on October 11, formal bids were received for this project. A copy of the bid summary is enclosed. • All easements necessary for construction of these improvements have been acquired from the impacted properties. • All bids have been reviewed for compliance with the bid specifications and accuracy on price extensions and summations. The low base bid from Geislinger and Sons, Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: ~►y~ • Bid Summary, page . "r 1 South Dodd Road Sanitary Sewer Lift Station Bid Results & Low Bid Comparison to Engineer's Estimate City Project No. 951 City Contract No. 07-07 October 11, 2007 Bid Date: Thursday, October 11, 2007 Bid Time: 10:30 A.M. Contractor Total Base Bid 1 Geislinger & Sons, Inc. $236,732.90 2 Burschville Construction, Inc. $250,961.00 3 Jay Bros., Inc. $254,359.13 4 Arcon Construction Co., Inc. $257,440.24 5 Northdale Construction Company, Inc. $266,678.01 6 G.M. Contracting, Inc. $288,387.42 7 Park Construction Company $292,010.92 8 Three Rivers Construction, Inc. $352,659.97 Engineer's Bid Form Parts Estimate Low Bid Difference Part 1 - Sanitary Sewer $132,198 $116,149.60 ($16,048.40) Part 2 - Lift Station $84,120 $84,974.00 $854.00 Part 3 - Water Main $29,733 $35,609.30 $5,876.30 Total Base Bid $246,051 $236,732.90 ($9,318.10) i~71 Agenda Information Memo October 16, 2007 Eagan City Council Meeting R. AUTHORIZE SOLICITATION OF QUALIFICATIONS (SOO) FOR CONSULTING ENGINEERING SERVICES ACTION TO BE CONSIDERED: Approve the Process and Authorize the Solicitation of Qualifications (SOQ) for consulting engineering services. FACTS: • The City of Eagan has had a history of working with a pool of approved consulting engineering firms. It also has a policy of soliciting and selecting the best qualified firms through a formal solicitation, interview and selection process. • The last formal solicitation process was performed in 2001. It has been the City's intent to retain the selected firms for approximately 5-6 years and then conduct a new process. • A formal request for Statement of Qualifications (SOQ) document has been prepared along with a proposed schedule. These are being presented to the Council for their consideration, approval and authorization to proceed. • Historically, the selection process has involved an initial "Screening Committee" consisting of key staff personnel (Administrator, P.W. Director, City Engineer, etc). A "short list" of qualified firms is then scheduled to be interviewed by the "Evaluation Committee" consisting of the staff Screening Committee and the Public Works Committee. Their joint recommendation is then forwarded to the full Council for ratification. It is proposed that this same process will be implemented again unless the Council should choose to modify it. ATTACHMENTS: • Solicitation Schedule, page • SOQ Document, distributed without page number. ~l SOLICITATION SCHEDULE STATEMENT OF QUALIFICATIONS (SOQ) FOR CONSULTING ENGINEERING SERVICES City Council Authorization to Solicit SOQ's October 16, 2007 Advertise/Distribute Request for SOQ's 3 weeks Pre-submittal Proposer Conference (staff) November 1, 2007 SOQ Submittals Due November 16, 2007 Evaluate SOQ's (Staff Screening Committee) 2 weeks - Late November Interviews (Public Works Committee. & Staff Screening Committee) 1 full or 2 half days Late December Council Approval December 18, 2007 G:Consulting Eng. Services/Schedules/2007/Schedule Agenda Information Memo October 16, 2007 Eagan City Council Meeting S. CONTRACT 06-01 TH 149 RECONSTRUCTION & UPGRADE (TH 55 - ALBANO TRAIL) ACTION TO BE CONSIDERED: Approve Change Order Numbers 2-4 for Contract 06-01, TH 149 Reconstruction. FACTS: • The City of Eagan is the lead agency in partnership with the Minnesota Department of Transportation (MnDOT) for Contract 06-01 which provides 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. • Change Order No. 2 provides boulevard grading revisions for approximately 500 feet, south of Rolling Hills Drive, to reduce drainage impacts to adjacent properties. The increased costs associated with this revision will be financed by the Major Street Fund. (ADD $4,130.00) • Change Order No. 3 revises the ditch grading south of Opperman Drive to better match the newly constructed trail and roadway. (DECREASE $156.20) • Change Order No. 4 provides for ditch grading revisions north of 3650 Dodd Road to convey storm water to an adequate storm water basin. The increased costs associated with this addition will be financed by the Major Street Fund. (ADD $74.00) • The costs associated with these Change Orders are based on bid prices received for this project. • The Change Orders have been reviewed by the Engineering Division and found to be in order for favorable Council action. 53 Agenda Memo October 16, 2007 CONSENT AGENDA: T. APPROVE BURNSVILLE EAGAN TELECOMMUNICATIONS COMMISSION (BETC) LEGAL SERVICES SELECTION ACTION TO BE CONSIDERED: Accept the recommendation of the Burnsville Eagan Telecommunications Commission to select Mr. Bob Vose of the firm Kennedy & Graven to provide telecommunications legal services for BETC and to direct staff to make all necessary arrangements for the selection to take immediate effect. FACTS: • At a special meeting, held October 11, 2007, the Commission (BECT) voted to recommend to the City Council's of Eagan and Burnsville the selection of Bob Vose of the law firm of Kennedy and Graven, to provide specialized telecommunications legal services to the Commission. • The vote was 5-1 following both an oral and written briefing from the selection sub- committee. • As part of its goal setting process for 2007, the Telecommunications Commission established a goal to review legal services provided to the commission. • The last time proposals were received for legal services for BETC was December, 2001, when the firm Creighton, Bradley and Guzzetta was selected. • The commission approved an RFP process at its May 2007 meeting. A legal notice was published June 2, 2007 and a six-page RFP was released with responses due by July 27, 2007. • Four highly qualified and competent firms responded to the commission's request and on August 17 all were interviewed and considered by the committee, using the same questions for each. • Additionally, at its August 29, 2007 work session the full commission gave feedback on what philosophy the commission has towards its business, so as to guide the interview committee on its selection process. • The sub-committee then also heard all finalists present at the September MACTA conference before meeting again to make its final recommendations. • Selection criteria, established by the Commission in its approved RFP, included: o Proposer's ability and capacity to meet all Request for Proposal conditions and expectations as determined by the selection committee. o The best fit for BETC and the cities of Burnsville's and Eagan's current operations and which best positions those interests for the future. o The best value and price for services offered, noting that BECT is not bound to select the lowest bidder. 5~ o Evidence of prior satisfactory conclusion of similar work in similar circumstances, including references o Stated and demonstrated understanding of the scope of work being sought o Stated and demonstrated understanding, as determined by the selection committee, of the legal and technology issues surrounding video franchising, the changing regulatory environment and emerging technologies Finally, the City Attorneys of both Burnsville and Eagan have reviewed a document submitted by current BETC Commission Attorney Mike Bradley expressing concerns about the selection process and the sub-committee's recommendation. Legal counsel has assured staff that the selection process was proper and, as the client, BETC has the right to replace its legal counsel at any time. Both City Attorneys were present at the October 11th meeting to answer Commission member questions. They noted there were no objections to the process voiced at the time that the RFP was approved last May and selection criteria established. ATTACHMENTS: The BECT meeting packet is being provided as background at this time, involving more pages than usual for a consent item, because of the potential that former members of the Commission or the legal counsel not selected may contact you. See pages sie_ to~. 5S M E E T I N G N O T I C E The Burnsville/Eagan Telecommunications Commission has scheduled a Special Meeting for Thursday, October 11, 2007, beginning at 7:OOPM in the Eagan Room at Eagan City Hall 3830 Pilot Knob Road, Eagan, Minnesota. For more information about this meeting, please contact Mark Hotchkiss, Telecommunications Commission Staff, at (952)641- 1357. The Cities of Burnsville and Eagan are 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. 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, there will be an attempt to provide such aid. BURNSVILLEXAGAN TELECOMMUNICATIONS COMMISSION SPECIAL MEETING AGENDA October 11, 2007, Eagan Room, Eagan City Hall 7:00 PM 1. Adopt Agenda II. Selection of Legal Services Provider A. Introduction of item by Chair Singh 1. Receive letter from former Commission Chair Ryan 2. Receive letter from Mike Bradley 3. Overview of packet contents B. Overview by City Attorney regarding issues raised C. Comments by Selection Sub-Committee (Commissioners Mikasen, Rauf) D. Commission Action & Direction III. Adjournment Next Meeting November 14, 2007 Eagan Council Chambers 57 BURNSVILLEXAGAN TELECOMMUNICATIONS COMMISSION Special Meeting, October 11, 2007 AGENDA BACKGROUND Item II. ITEM Consider approval of Commission Legal Services Provider FACTS AND ISSUES As part of its goal setting process for 2007, the Telecommunications Commission established a goal to review legal services provided to the commission. The last time the legal services contract was bid for BETC was December, 2001. The commission established a sub-committee to draft a Request for Proposals, advertise for applicants, review proposals, conduct interviews and make a recommendation. The sub-committee included Commissioner Mikasen from Eagan, Commissioner Rauf from Burnsville along with city staff representatives Tom Garrison from Eagan and Jim Skelly from Burnsville. The commission approved this process at their May 2007 meeting. A legal notice was published June 2, 2007 and a six-page RFP was released with responses due by July 27, 2007. Four highly qualified and competent fines responded to the commission's request and on August 17 all were interviewed and considered by the committee. In the August 29, 2007 work session the full commission did not discuss individual law firms, but gave feedback on what philosophy the commission has towards its business, so as to guide the interview committee on its selection process. The sub-committee also heard all finalists present at the September MACTA conference before meeting again to make its final recommendations. Selection criteria, established by the Commission in its approved RFP, included: o Proposer's ability and capacity to meet all Request for Proposal conditions and expectations as determined by the selection committee. o The best fit for BETC and the cities of Burnsville's and Eagan's current operations and which best positions those interests for the future. o The best value and price for services offered, noting that BECT is not bound to select the lowest bidder. o Evidence of prior satisfactory conclusion of similar work in similar circumstances, including references o Stated and demonstrated understanding of the scope of work being sought o Stated and demonstrated understanding, as determined by the selection committee, of the legal and technology issues surrounding video franchising, the changing regulatory environment and emerging technologies As stated in the RFP, broadly, the goal of the BETC in selecting legal counsel is to ensure that the BETC has appropriate telecommunications legal services for the times in which we are in, and for the issues BETC reasonably expects to face now and in the future. Among the issues or factors facing the BETC may be: 1. Changing FCC regulations, potential Congressional action/reaction and possible federal franchises 2. Proposed state legislation to create state franchises ~ AGENDA BACKGROUND (CONTINUED) 3. Emerging broadband, fiber optic, and Internet Protocol technologies and the legal environment surrounding such deployments 4. The so-called YouTube age and increasing expectations for on-demand video, whether via cable or online 5. How to continue to provide Community Television services in a changing legal and financial environment. • Finally, the City Attorneys of both Burnsville and Eagan have reviewed a document submitted by current BETC Commission Attorney Mike Bradley expressing concerns about the selection process and the sub-committee's recommendation. Legal counsel has assured staff that the selection process was proper and, as the client, BETC has the right to replace its legal counsel at any time. A City Attorney will be present to answer any questions Commission members may have. RECOMMENDATIONS • The sub-committee unanimously recommends awarding the Commission Legal Services responsibilities to the firm of Kennedy and Graven, represented by attorney Bob Vose. • The recommendations include establishing a three-year period before rebidding legal services again, but implementing an annual review with the consultant. • It would also be appropriate to for the commission to direct a letter of thanks to the Bradley & Guzzetta law firm for their work for BETC and to all the firms who submitted excellent proposals for consideration. ATTACHMENTS • On pages 7 through 11 is the original RFP approved by the BETC. • On pages 12 and 13 is a memo, per the request of commissioners, outlining costs. • On pages 14 through 16 are minutes of the 8/29/07 work session to identify commission philosophy To Members of the Burnsville-Eagan Telecommunications Commission, I had hoped to attend the Commission meeting on Wednesday night, September 26, but I have a prior commitment. I would like to offer this letter as my public comment. I recently learned that the Commission will be considering changing legal services. As a former member and Chairman of this commission, I urge you to carefully consider your options in this decision. Bradley ;and'Guzzetta LLC has been an outstanding asset to the Commission over the past years. I can tell you from personal experience that if there was an issue we were not clear on, Mr. Bradley was there to clarify things. The firm was and still is, front and center with the issues facing our future. We all know what is at stake here and legal representation is key. I understand the process of asking for bids on a regular basis, but I think a lot has to be taken into account when making a decision like this. Past performance is a huge factor. Bradley and Guzzetta has never had any issues regarding performance. In my tenure, they helped negotiate a new franchise as well as several transfers of ownerships. The insight and knowledge of Bradley and Guzzetta led to deals that benefited Burnsville and Eagan more than other deals made throughout the country. Please do your due diligence in making this decision. Consider all the factors. Consider the consequences. Finally, consider the subscribers. You are the voice of the subscribers and as one myself, I urge you to retain the services of Bradley and Guzzetta. Thank you, Paul Ryan Commissioner -1996 - 2006 September 26, 2007 Commissioner Ram Singh Chair, Burnsville/Eagan Telecommunications Commission 1204 Summit'Oaks Drive Bradley% Burnsville, MN 55337 Guzzetta, LLC Re: Flawed Bidding Process 444 Cedar Street, Suite 950 Saint Paul, MN 55101 Dear Chair Singh: P/ (651) 379-0900 F/ (651) 379-0999 As you ]snow, our law firm has represented the Commission for many years. Attorneys at Law We have enjoyed our relationship with current and past Commissioners and we Michael R. Bradleyt have enjoyed helping the Commission to be a leading cable franchising Stephen J. Guzzetta° authority. While we have the utmost respect for all of the Commissioners, I am Gregory S. Uhl unfortunately writing to you to object to the process that the Commission has used in its recent bidding for legal services. Upon review, the process was Legal Assistants riddled with errors. We believe the only remedy is to terminate the bidding Thomas R. Colaizy process. This letter will attempt to highlight our complaints but should not be of Counsel deemed a complete explication of all the flaws we have observed. J. David Abramson Complaint #1 The Commission's legal services RFP sub-committee was never completely filled. At its January 24; 2007 meeting, the Commission stated that a sub- committee consisting of "three Commissioners and staff to re-bid legal services as discussed at the November worksession" would be established. The Commission failed to follow this process in two ways. First, the Commission never approved the minutes of the November worksession, and actions taken at the worksession do not carry any legal effect. Second, three Commissioners were never publicly and specifically appointed to the sub-committee, so the sub- committee was never duly and properly constituted. In fact the sub-committee never consisted of three Commissioners, publicly appointed or not. Complaint #2 The sub-committee did not follow the process set forth in the Commission's bylaws. The bylaws require that all sub-committees follow Robert's Rules of Order. The sub-committee failed to do so in at least two ways. First, it failed to elect a Chair and Secretary. Second, it failed to take any minutes of its meetings, thereby making it impossible for the Commissioners and the public to evaluate the selection process. Complaint #3 The sub-committee failed to follow the selection criteria listed in the Request for Proposals ("RFP"). The RFP includes several criteria, which included "evidence of prior satisfactory conclusion of similar work in similar www.bradleyguzzettaxom Also admitted in Wisconsin 'Also admitted in Massachusetts and the """GGG District of Columbia Commissioner Ram Singh Page 2 of 3 September 26, 2007 circumstances, including references." However, according to the Agenda Background statement, the sub-committee focused on other factors such as "the so-called You Tube age and increasing expectations for on-demand video, whether via cable or online." There is no evidence that any of the publicly disclosed criteria in the RFP were followed or even considered. It is critical that our references be called, since many of the members of this Commission have been recently appointed and have limited experience with us even though we have represented this body for many years. We know that none of our references were ever contacted. Complaint #4 The sub-committee failed to invite the full Commission to participate in the process. According to Robert's Rules of Order, "[W]hen a committee is to make a substantive recommendation on an important matter, it should give members of the society an opportunity to appear before it and present their views on the subject at a time scheduled by the committee." At no time did the sub- committee follow this procedure. Complaint #5 The Commission's bylaws are inconsistent with the Joint Powers Agreement. Earlier this summer, the member cities amended the Joint Powers Agreement. The Commission at its last meeting failed to amend its bylaws to conform to the changes in the Joint Powers Agreement. The Commission cannot take any action until it amends the bylaws to conform to the Joint Powers Agreement. Complaint #6 The sub-committee has failed to produce any supporting documentation to the Commission. The bylaws require that any item requiring action by the board shall not be acted upon by the board unless said item is supported by documentation which shall be delivered to all Directors at least 48 hours prior to the Call to Order. The sub-committee has not provided the Commission anything. The only piece of information before the Commission is the Agenda Background. The Commission should have been given the minutes of the sub-committee's meetings, the proposals and any reports prepared by the sub-committee. The Commission has received nothing on which to base a decision. Complaint #7 Staff members acted as voting members of the subcommittee. It is highly unusual for staff members to serve as a voting member of a voting body of either member city. It is better public policy to let the elected and appointed public officials to make the decisions of the body and allow the staff to serve their needs. It is unfortunate that I must write to you under these circumstances, but I trust that it is clear that it would be inappropriate to take any action on this item tonight. The Commission must terminate this bidding process because it is fundamentally and irreparably flawed. In the future, if it is the Commission's desire to recommence this process, it should publicly appoint new sub- committee members. Since the Commission members, not staff, make policy for this body, staff S' y Commissioner Ram Singh Page 3 of 3 September 26, 2007 members should not be voting members on the new sub-committee, but should assist the sub- committee as requested. Thank you for your consideration. Respectfully, BRADLEY & GUZZETTA, LLC Michael R. Bradley Stephen J. Guzzetta C. Mr. Mark Hotchkiss 4"1 Qly of Ea~an BURNSVILLE Request for Proposals: Legal Services, Burnsville Eagan Telecommunications Commission Attorney Contact: Tom Garrison Communications Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 (651) 675-5000 tgarrison@cityofeagan.com Dated: May 31, 2007 Responses Due: July 27, 2007 Request for Proposal Legal Services for Burnsville/Eagan Telecommunications Commission (BETC) SCOPE OF SERVICES The Burnsville/Eagan Telecommunication Commission (BETC) operates under a joint powers agreement from its two member cities to oversee and enforce the provisions of its existing cable franchise with Comcast and any subsequent local franchises for the provision of video services. The Commission seeks a legal administrator with qualified expertise in telecommunications and cable television law, understanding of appropriate customer service standards, and a thorough knowledge of potential state and federal laws or regulations governing emerging technologies, particularly IPTV services. Further, the Commission wants to make sure it understands the legal counsel's philosophical approach to new services and new providers so it can gauge alignment with City goals and BETC expectations. BACKGROUND • The 8-member BETC meets six times a year, alternating between the cities of Burnsville and Eagan, Minnesota, populations 62,788 and 67,448 respectively. • The Burnsville/Eagan area has one of the highest penetrations of cable customers anywhere in the state, and is currently served by Comcast. • The current franchise will not expire until December, 2014. • The last time the legal services contract was bid for BETC was December of 2001. • BETC anticipates that it will adopt a formal policy to re-bid professional services at least every five years, but that should not be taken as any guarantee that the winning proposer is assured of a five-year award. That will depend on the needs and circumstances facing the Commission and the performance of the vendor selected. • Eagan and Burnsville are strategically located in growing Dakota County near the Minneapolis/St. Paul Airport. Both cities also have active technology committees attempting to ensure high speed fiber optic services are provided to residents and businesses. • Burnsville/Eagan Community Television currently has six separate channels providing either public, educational or governmental programming. • It also solicits sponsorship revenue for these channels and on Showcase 20 accepts realtor, auto dealer and classified advertisements. • Both cities operate Institutional Network connections. • Currently city council and commission meetings are cablecast live and those meetings along with commission meetings are videotaped for later replay on government channel 16B and 16E on Comcast Cable and web streamed using Granicus software. • The cities of Eagan and Burnsville designate staff liaisons to the BETC, one of whom each two-year period is the lead and provides work direction to the manager of Community Television. Both city liaisons provide direction to the Commission attorney on issues arising out of their respective jurisdictions. Currently the liaisons are the Communications Director of Eagan and the Communications Coordinator for Burnsville. GOALS Broadly stated, the cities of Burnsville and Eagan, through the Telecommunications Commission, want to ensure that the BETC has appropriate telecommunications legal services for the times in which we are in, and for the issues BETC reasonably expects to face now and in the future. Among the issues or factors facing the BETC may be: 6. Changing FCC regulations, potential Congressional action/reaction and possible federal franchises 7. Proposed state legislation to create state franchises 8. Emerging broadband, fiber optic, and Internet Protocol technologies and the legal environment surrounding such deployments 9. The so-called YouTube age and increasing expectations for on-demand video, whether via cable or online 10. How to continue to provide Community Television services in a changing legal and financial environment. PROPOSAL INSTRUCTIONS: All qualified respondents to this Request for Proposals must submit: ➢ Five copies of the firm's proposal for the selection committee + 1 CD ROM containing all documents in a sealed envelope or box prior to the deadline stated below ➢ The following specifications outline BETC's requirements for legal services. Proposers may offer ideas and services outside the specific requirements, however, all such exceptions should be specifically noted and explained. All requirements listed below must be addressed. PROPOSAL CONTENT All submitted proposals should address the following: 1. The legal name of your firm including street address, telephone number, Tax ID and state of incorporation or registration. 2. A brief history and overview of your firm including length of time doing business, and past experience demonstrating your firm's specific qualifications to provide the requested services 3. A list of current clients and cities or cable commissions represented for telecommunications issues 4. A list of at least three professional references for which similar services to those described in the RFP are provided. Include the name, phone number and e-mail address of all references. 5. A specific description of who will fill the legal administrator role for the Telecommunications Commission, and the background, qualifications and expertise of that person and any other firm members or sub-contractors who will in any way work on the Burnsville/Eagan Telecommunications Commission account. 6. Be sure to list their titles, functional roles, and attach an organizational chart to display reporting relationships. ZOO _ 7. If subcontractors or outside experts are involved, specifically describe their role and whether the cost for their services is included in your base bid or is additional. 8. Identify a base bid cost for attending 6 Commission meetings a year, helping to prepare 6 commission agendas, and the hourly cost for legal services or advice provided outside of the meetings. 9. If you wish, you may submit a bid-alternate (properly labeled) that includes the base bid requirements but identifies additional ala carte services and costs your firm offers to cities and/or cable commissions. These could include, but are not limited to, lobbying on telecommunications legislation of interest to your clients, answering cable customer complaint calls, surveys or other methodologies to monitor cable customer service and satisfaction, etc. 10. Provide samples of legal services, bills, or reports provided to other clients. (Names may be deleted, if necessary.) 11. Identify in two pages or less your firm's approach or philosophy regarding local franchises in the current legal environment. For instance, do you believe that changes to franchise laws can and should be fought to preserve the status quo, that LFAs should be protected no matter what, or that change is coming and municipalities should be prepared to negotiate to secure an acceptable outcome? How do you feel emerging technologies may change the funding and future of community television. 12. If changes in state or federal laws or regulations do occur, describe how your firm is positioned to proceed with defending your client's interests and what partnerships (if any) exist to cost-effectively defend those interests. 13. Briefly describe how your firm handles such things as basic rate regulation, enforcement of customer service standards, complex or expedited customer complaints, etc. 14. Any other relevant information that supports the submitted proposal. SELECTION CRITERIA (in no particular order) ➢ Proposer's ability and capacity to meet all Request for Proposal conditions and expectations as determined by the selection committee. ➢ The best fit for BETC and the cities of Burnsville's and Eagan's current operations and which best positions those interests for the future. ➢ The best value and price for services offered, noting that BECT is not bound to select the lowest bidder. ➢ Evidence of prior satisfactory conclusion of similar work in similar circumstances, including references ➢ Stated and demonstrated understanding of the scope of work being sought ➢ Stated and demonstrated understanding, as determined by the selection committee, of the legal and technology issues surrounding video franchising, the changing regulatory environment and emerging technologies SELECTION PROCESS 07 _/0_ • A subcommittee of Burnsville and Eagan Commissioners and the two city liaisons will rate the proposals, selecting finalists for interviews • Finalists will be interviewed by the selection committee, references checked, and a recommendation will be made to the full Burnsville Eagan Telecommunications Commission • Because purchases of this nature involve the public expenditure of funds, the City Council makes the final determination of whether to authorize and expend funds already budgeted for this project • While reserving the right to reject all proposals, BETC anticipates an award on or before October 15, 2007. • The newly selected vendor for BETC legal services is expected to begin its duties January 1, 2008. DEADLINES & SCHEDULE OF EVENTS SUMMARY Option B (Summer/Fall) ➢ BETC approves RFP May 23, 2007 ➢ Legal Notice published regarding RFP May 31, 2007 ➢ Request For Proposals sent out May 31 ➢ Notice of intent to respond due: June 15 ➢ Pre-proposal questions due from vendors June 22 ➢ Answers to questions distributed June 27 ➢ Proposals due to the City of Eagan July 27 ➢ Probable interview dates, if necessary August 13-17 ➢ Anticipated decision by Commission September 26 ➢ Consent agenda approval by City Councils October 2 NOTE: If a vendor does not notify us of its intent to respond and provide an e-mail address for contact, it will not receive answers to all questions received from proposers. This does not preclude vendors from still responding by the RFP due date, however, they will not have the benefit of the provided answers. All proposals must be received by the close of business on July 27, 2007. The eligible vendor must provide five hard copies of the proposed response and 1 CD ROM containing all documents in a sealed envelope or box prior to the 4:30 p.m. close of business. Incomplete responses will not be considered for the final award. Send Proposals to: Tom Garrison Communications Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Questions and intent to respond to: tarrison@cityofeagan.com I - /I'- BURNSVILLE EAGAN TELECOMMUNCATION COMMISSION MEMO TO: Telecommunications Commission Members FROM: Jim Skelly, Communications Coordinator, Burnsville Tom Garrison, Communications Director, Eagan DATE: Thursday, October 4 RE: Rates included in RFP Response A question was asked regarding rates charged by legal firms as part of the response to the Telecommunications Commission's RFP for Legal Services. According to the RFP process, firms were asked to provide base rates and offer any alternatives that they felt might be considered by the commission. After review, the sub-committee rejected the bid alternates and took only the base bid into consideration. The rates for hourly service and for meeting attendance are noted below along with the bid alternates. As a matter of reference, the sub-committee recommended the firm of Kennedy & Graven for the commission's legal services. BASE RFP RESPONSE Hourly Rate Meetings Baller & Herbst $225/hour $6000 Bradley & Guzzetta $180/hour $2100 Kennedy & Graven $150/hour Hourly rate Moss & Barnett $195/hour atty $2550 $110/hour paralegal RFP ALTERNATE RESPONSE Administration 2008 Services Legislative Affairs Fee Baller & Herbst $30,000 annually - Bradley & Guzzetta $30,000 annually $35,000 Kennedy & Graven - - Moss & Barnett - - Administration Services include: Day to Day franchise Administration, processing all complaints and answering questions from subscribers by phone and email, handle Institutional Network issues, provide reports to member cities, / a " prepare briefings for the Telecommunications Commission, and additional legal services as necessary. 2008 Legislative Affairs Fee is an flat $35,000 fee to draft legislation, provide testimony and lobbying services on cable television issues during the 2008 state legislative services. Please contact Jim Skelly or Tom Garrison if you have further questions about this matter prior to the meeting. Thank You. 7D MINUTES OF THE BURNSVILLE/EAGAN TYELECOMMUNICATIONS COMMISSION WORK SESSION August 29, 2007 Eagan City Hall CALL MEETING TO ORDER Jody Mikasen, Vice-Chair, called the meeting to order at 6:35PM in the Engineering Conference Room at Eagan City Hall, 3830 Pilot Knob Road, Eagan, Minnesota. Members Present: Jody Mikasen, Vice-Chair, Eagan Ram Singh, Secretary/Treasurer, Burnsville Mike Owens, Eagan Joe Conlon, Alternate, Eagan Pramod Mathur, Eagan Thomas Anderson, Burnsville Maroof Rauf, Burnsville David Costello, Alternate, Burnsville Members Absent: None Also Present : Mike Bradley, Legal Counsel, Bradley & Guzzetta, LLC Tom Garrison, Communications Director, City of Eagan Jim Skelly, Communications Coordinator, City of Burnsville Mark Hotchkiss, Manager, Burnsville/Eagan Community Television/Recording Secretary ADOPTION OF AGENDA Motion 8.29.07.01. Adopted. Motion by Commissioner Owens to approve agenda as presented. Seconded by Commissioner Mathur. Motion Approved. Environmental Scan State Legislation Eagan Director of Communications Garrison briefly outlined the history of state legislation for the purposes of review and the benefit of new Commissioners. Mr. Garrison explained that Qwest introduced a bill at the state legislature in 2007 that proposed state-wide cable franchising and eliminated local authority, but had language intended to protect franchise fees collected by municipalities and leave local control over easements in place. The bill gained a hearing in both the House and Senate, but did not proceed by committee deadlines. The chair of the House division hearing the bill has said he intends to bring the statewide franchise legislation back in the 2008 session for 71 more hearings. Because of that eventuality, the Minnesota Association of Cable Television Administrators (MACTA), of which the Commission is a member, recently formed a Telecommunications Policy Task Force to prepare its own policy position, and Mr. Garrison sits on the Task Force. Mr. Garrison also identified that Minnesota does have strong cable legislation in place that is recognized by the FCC. Recent FCC rulemaking does not supersede state legislation, but may adversely impact local control when competitors apply for new franchises as competitive and if incumbents request to be excused from existing obligations due to the FCC's rule making. Changing Technology Burnsville Communications Coordinator Jim Skelly gave a brief overview of technological advancements in the industry and upcoming options for providing service. It was identified that the United States is considerably behind in internet delivery speeds as compared with other countries. Mr. Garrison said that, like Burnsville, Eagan has a Technology Working Group studying this issue. In addition, Eagan is part of a statewide collection of interests called the Gig Group intended to encourage the state to have formal broadband speed goals and coordinated planning like about a dozen other states. It seeks a policy of one gigabit speeds statewide by 2015. Mr. Garrison said that there appears to be some interest on the part of state government and the Commerce Department to see this go forward. Federal Climate Mr. Garrison gave a brief synopsis of federal legislative active over the past few years, and identified that little activity in this regard is expected of Congress in 2008. However, the FCC passed a rule change in early 2008 that incorporated many of the elements of past federal legislation. Many formal Comments documents have been filed, as well as appeals, but it is currently unclear when the FCC will rule on the comments and appeals. The FCC has identified that they intend the ruling to take effect while comments and appeals are reviewed. Work Plan for the Commission 2007-2008 Members of the Commission discussed suggestions included in the Agenda to organize their work for the remainder of 2007 and 2008, including video on demand for access content, and customer service standards. Commissioners offered goals to be included in their work plan, and identified the following work goals as being the most important: 1. Evaluate and investigate the implementation of PEG access content delivery options. 2. Review the Bylaws in view of recent changes to the Joint Powers Agreement made by the Councils of the member cities to see if any other updates are necessary. 3. Complete a formal recommendation for selection of a legal services provider to be considered by the full commission. 4. Consider options for a facility to house the PEG facility going forward and visit the current BECT facility. 5. Keep abreast of state legislative activity via the Executive Committee. 7a Vice Chair Mikasen asked for volunteers for sub-committees for items #1 and #2. Commissioners Mathur, Costello, and Owens volunteered to serve on a sub-committee to investigate PEG access content delivery options. Commissioners Owens, Singh, and Conlon volunteered to serve on the sub-committee to review the Bylaws. Role of Commission/Philosophy of Commission Commissioner members discussed the changing role of the Commission in view of the evolution of technology, FCC rulemaking, and the possibility of future legislative activity. Members of the Commission identified philosophical elements that they thought should define their activity going forward: 1. Be a lead adopter, driving innovation through new services and strategic thinking 2. Be grounded in issues in many areas 3. Bring resolution, not confrontation on issues through positive discourse. Don't look to battle everything, but rather understand the marketplace and explain things briefly in common terms giving the Commission options, knowing we make the decision. Look at the Return on Investment. 4. Decisions should be made through plans made with clear criteria for success. 5. When actions are taken, the role and responsibility of the Commission must be clearly defined for/by the Commission. 6. The Commission's staff or other representatives selected for special tasks (legal counsel, association lobbyists, etc.) should be forward thinking and be possessed of well-rounded experience, and be able to represent the Commission's direction when speaking on the Commission's behalf. 7. Communications must be open and clear between Commissioners and staff. Issues that the Commission chooses to deal with should be strategically evaluated to make sure that they both fall under the Commission's authority and that they are worth the Commission's collective effort. Motion 8.29.07.02. Adopted. Motion by Commissioner Singh, seconded by Commissioner Owens to adjourn the work session at 8:30PM. Respectfully submitted, Ram Singh, Burnsville Date Secretary/Treasurer Mark Hotchkiss, Recording Secretary 73 Agenda Memo October 16, 2007 CONSENT AGENDA: U. AMENDMENT TO JUNE 16, 2007 CITY COUNCIL MINUTES ACTION TO BE CONSIDERED: Approve amendment to the June 16, 2007 City Council minutes regarding the conditions for the approval of the Preliminary Subdivision Manley Commons FACTS: • The City Council considered and approved a Comprehensive Guide Plan Amendment, Preliminary Planned Development and Preliminary Subdivision (Manley Commons) for Manley Commercial on June 19, 2007. • Two conditions 16 and 17) of approval for the Preliminary Subdivision were inadvertently left out of the minutes of that meeting. They are as follows: 16. Outlot A shall be combined with Lot 1 on the final plat. 17. The developer shall dedicate a public road along the west of the property in a location as determined by the Public Works Director in substantial compliance with the site layout on page 205(c) of the June 19, 2007 packet. ATTACHMENTS: • A copy of pages 5 through 7 of the amended June 19, 2007 City Council minutes regarding the Manley Commons preliminary subdivision is attached as pages Z7 through . Eagan City Council Meeting Minutes June 19, 2007 Page 5 18. In accordance with policies of the City's current Water Quality Management Plan (Plan: 1990), the developer shall provide additional measures so as to mitigate any increase in phosphorus loading to Marsh Lake (DNR #19-0308W). Such measures shall include but not be limited to: reducing impervious area, providing infiltration, additional treatment basin construction, and treatment of stormwater discharge through other means. Prior to City issuance of a grading permit, the developer shall submit to the City a detailed plan that provides no increase in phosphorus loading, as determined by the City Water Resources Coordinator and City Engineering and in accordance with Plan policies and City water quality models. 19. The City Council shall formally receive and affirm the wetland delineation report prior to final subdivision approval. 20. The developer shall provide a minimum 50 foot buffer around the wetland edge of Marsh lake. With exception of land disturbance associated only with installation of the storm sewer pipe, such buffer shall be undisturbed before, during, and after construction. 21. A water main stub shall be provided to the north and south property lines for future extension along with an extension of gravity sanitary sewer from the proposed lift station within Marsh Cove to the south property line, between Lots 7 and 8, at a depth and construction in accordance with City Engineering standards. 22. This development is subject to cash park and trail dedications for ten new lots payable at the time of final plat at the rates then in effect. COMPREHENSIVE GUIDE PLAN AMENDMENT, PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION (MANLEY COMMONS) - MANLEY COMMERCIAL City Administrator Hedges introduced this item regarding a proposed Comprehensive Guide Plan Amendment changing the land use from O/S Office/Service to RC (Retail Commercial); a preliminary planned development for a gas station and convenience store with car wash and two retail buildings including one with drive-through service; and a preliminary subdivision to create two lots and one outlot on 2.88 acres located on the southwest corner of Pilot Knob Road and Buffet Way. City Planner Ridley gave a staff report. Kurt Manley, Manley Commercial, generally discussed the proposed planned development. Cindy Weber, Manley Commercial, discussed the specific changes made to the site design since the Advisory Planning Commission review. Jerry Tollefson, adjacent property owner stated he was in favor of the proposed development but had concerns over the potential limited access to his property and the proximity and impact the drive-through may have on his property/building. The City Council discussed the alignment and effect of the planned backage-road required by Dakota County. The Council also determined that City Code allotted outdoor display would be appropriate for the convenience gas station provided the applicant worked with staff on the specifics. The City Council also discussed the elevations of the proposed buildings with Mr. Manley and previous efforts to provide attractive architectural treatments to all building sides, particularly when visible from major thoroughfares. There was Council consensus that the applicant should work with staff to enhance the building facades. Councilmember Carlson moved, Councilmember Tilley seconded a motion to implement a Comprehensive Guide Plan Amendment changing the land use designation from O/S (Office/Service) to RC (Retail Commercial) of approximately 2.88 acres located on the southwest corner of Pilot Knob Road and Buffet Way in the NE '/4 of Section 4. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Preliminary Planned Development for a gas station and convenience store with car wash, and one retail buildings including one with drive-through service, upon 2.88 acres located at the SW corner off Pilot Knob Road and Buffet Way in the NE '/4 of Section 4, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall execute a Preliminary Planned Development Agreement which includes the following plans: • Site Plan Eagan City Council Meeting Minutes June 19, 2007 Page 6 • Building Elevations • Site Lighting Plan • Landscaping Plan • Signage Plan 2. A Final Planned Development Agreement shall be executed for each building/lot of the development. The following plans are necessary for the Final Planned Development Agreement: • Final Sit Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan 3. Restaurants should be prohibited except coffee, ice cream and sandwich restaurants should be permitted provided they do not (i) employ the use of cooking exhaust systems that emanate smoke and/or grease or (ii) serve deep fried, grilled, or oven-roasted food items included but not limited to hamburgers, tacos, chicken, or fish. 4. The property shall be subdivided and platted prior to issuance of any building permits. 5. The development should employ sound abatement construction standards necessary for a sound level reduction of 19 dbl to achieve an interior sound level of 50 dbl. 6. Standard NB setbacks shall be met as follows: • Front yard = 30 feet from Buffet Way 50 feet from Pilot Knob Road • Side yard = 10 feet • Rear yard = 20 feet 7. The developer shall provide evidence of ingress-egress easements in a form acceptable to the City Attorney. 8. Outside storage shall be prohibited. The sale and rental of motor vehicles, trailer, campers, boats, and other items which are not kept entirely within the building shall be prohibited. 9. Outside display may be permitted subject to the provisions in the City Code. 10. The fuel tank vent pipes shall be integrated into the site and not set off on the perimeter of the site in a stand-along fashion. 11. The specific colors and styles of brick, stone and EIFS materials shall be the same on both buildings in this Planned Development. Additional architectural treatments shall be added to enhance the visual interest of all building facades to better fit the business park setting. 12. Prior to Final Planned Development approval, the developer shall provide calculations from the architect to verify that the required ratios of Class I and Class 11 materials are satisfied. 13. A standing seam metal roof material shall replace the proposed shingled roof on the southern retail building. 14. The gas canopy pillars shall incorporate the stone in addition to the brick, to match the principal structure. 15. The gas canopy fascia shall match the principal building architecture and be finished with EIFS like the upper portions of the building. 16. All building signage shall be individually mounted letters; no can or cabinet signs shall be allowed. 17. Consistent with the City Sign Code, signage is prohibited on the north and south elevations of the smaller retail building. Interior tenants in the retail buildings may be allowed only one building sign. No signage shall be permitted on awnings. 18. Per City Sign Code, one additional building sign may be permitted on the convenience store, with sign placement restricted to a total of 2 elevations. 19. Menu board signs do require a sign permit and shall be shown on the plans at the time of Final Planned Development. 20. Signage on the gas canopy is limited to 20% of the fagade area. The Final Sign Plans should reflect a reduction in the proposed sign area on the east elevation of the canopy. Signage on the gas canopy shall be individual channel letters. 21. The developer shall provide cross-easements for joint use of the one free-standing pylon sign. The Final Planned Development shall show revised sign plans to reflect only two buildings in this development. 22. Only one free-standing sign shall be permitted for this development. The electronic gas pricing sign will be subject to ordinance requirements in effect at the time application is made for the sign permit. Retail tenant names on the free-standing sign shall be individually illuminated letter mounted on the brick background. 23. Any modifications to the entrance sign to accomplish consistency with the property north of Buffet Way shall be reflected in the Final Sign Plan with the Final Planned Development application. 7~ Eagan City Council Meeting Minutes June 19, 2007 Page 7 24. The developer shall provide decorative light fixtures with the Final Site Lighting Plan at the time of Final Planned Development. Fixtures shall be the same throughout the development. 25. Trash storage shall be provided inside the retail building. 26. Outside trash storage is permitted for the convenience store inside an enclosure attached to the principal building, consistent with City Code design standards. The developer shall ensure that the enclosure is large enough to accommodate all trash and recyclables materials. 27. The applicant shall provide documentation addressing concerns in the staff report about the variation in light levels specifically with regard to the level of illumination beneath the canopy. 28. Gas canopy lights and lenses shall be fully recessed so that only the illumination is observed and the source of light is not visible. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision to create two lots and one outlot upon 2.88 acres located on the southwest corner of Pilot Knob Road and Buffet Way in the NE 1/4 of Section 4, subject to the following conditions page: 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, B3, C1, C2, C4, D1, and E1. 2. The property shall be platted. 3. The developer shall be responsible for acquiring a permit to work within the right-of-way from Dakota County for any work within Pilot Knob Road right-of-way, prior to final subdivision approval. 4. 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. 5. All personnel responsible for the installation of erosion/sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 6. The easterly access onto Buffet Way shall be limited to right-out only egress vehicle movements. 7. Existing direct access to Pilot Knob Road from this site shall be eliminated in accordance with Dakota County Transportation Department standards. 8. Development of this property shall provide vehicle access to Buffet Way for the properties to the south. 9. This development shall dedicate a minimum of 75 feet of right-of-way from the section line within Pilot Knob Road, if not already dedicated with previous platting, as shown on the preliminary plat. 10. Restricted access shall be dedicated along the entire length of the development adjacent to Pilot Knob road (County Road 31). 11. The developer shall provide ingress/egress easement over the proposed service drive along the west edge of the development in favor of McNally Addition and Central Irrigation Addition properties, in a form acceptable to the City Attorney. This easement shall contain a provision that the easement cannot be vacated without the consent of the City. 12. The Final Landscape Plan shall show enhanced screening of the drive-through on the south side of the smaller retail building. 13. This proposal shall fulfill tree mitigation requirements through the installation of sixteen (16) Category B trees on this site. 14. This proposal shall be subject to a cash dedication in lieu of on-site water quality ponding for the southerly parcel of this development. 15. This proposal shall be subject to cash parks and trails dedications, payable at the time of building permit at the rates then in effect. 16. Outlot A shall be combined with Lot 1 on the final plat. 17. The developer shall dedicate a public road along the west of the property in a location as determined by the Public Works Director in substantial compliance with the site layout on page 205(c) of the June 19, 2007 packet. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no update. Agenda Memo October 16, 2007 CONSENT AGENDA: V. MASSAGE THERAPY ESTABLISHMENT LICENSE RENEWAL- JOHN SULLIVAN, CROSS TRAIN FITNESS & HEALTH ACTION TO BE CONSIDERED: Approve Massage Therapy Establishment License Renewal for John Sullivan, Cross Train Fitness and Health, 2020 Silver Bell Road FACTS: • Cross Train Fitness and Health was licensed as a massage therapy establishment in 2006 but did not employ therapists at the time of renewal for 2007 • At this time, there will be at least one therapist employed at this establishment and they are requesting renewal of their establishment license • All requirements of the application have been met and staff sees no reason to deny the renewal of this license ATTACHMENTS: None. A copy of the application is available for review in the Administration Department. Agenda Information Memo October 16, 2007 Eagan City Council Meeting PUBLIC HEARINGS A. PROJECT 918, PILOT KNOB ROAD & LONE OAK ROAD FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Approve the final assessment roll for Project 918 (Pilot Knob Road/Lone Oak Road - Street Upgrade & Intersection Reconfiguration) and authorize its certification to Dakota County for collection. FACTS: • Project 918 provided for the widening of Pilot Knob Road to 5-lanes, between Central Parkway and Lone Oak Road, and the addition of left-turn lanes on Lone Oak Road at its intersection with Pilot Knob Road, as outlined and discussed in the feasibility report. • The final assessment roll was presented to the City Council on September 18, with a public hearing being scheduled for October 16 to formally present the final costs associated with this public improvement to the affected benefiting properties. The final assessments are equal to the estimate contained in the Feasibility Report presented at the Public Hearing held on February 1, 2005, due to the assessments being based upon the City's Fee Schedule. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. Only one property owner, in addition to the City of Eagan, was included in the assessment roll. The property owner's representative has been contacted to address all questions or concerns and provide any additional information of interest. No objections have been received to date from this RD zoned property. ATTACHMENTS: • Final Assessment Report, pages through 8S . ~q FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 918 Assessment: October 16, 2007 Name: Pilot Knob Road & Lone Oak Road Project Approval Date: February 1, 2005 Street Upgrade & Intersection Reconfiguration Final Feasibility Final Feasibility Rate Report Units Rate Report Units SANITARYSEWER STORM SEWER ❑ Trunk ❑ Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk WATER STREET ❑ Trunk ❑ Gravel Base ❑ Lateral H Upgrade/Widening CA $35.02 $35.02 / F.F. ❑ Service Park $31.77 $31.77 / F.F. ❑ Multi Family Equiv. ❑ Lat. Benefit/trunk ❑ WAC ❑ C/I Equiv. ❑ Driveway OTHER STREET LIGHTS ❑ Service Pair ❑ Installation ❑ Energy Charge Contract Number of Interest Amount Citv Number Parcels Terms Rate Assessed Financed 05-04 2 15 Years 6.0% $53,607 F.R. $499.150 F.R. $53,607.12 $507.246.89 (F.R. = Feasibility Report) ~O City of E To: Mayor and City Council From: Russ Matthys, City Engineer Date: September 14, 2007 Subject: Final Assessment Roll, Project 918 Pilot Knob Road & Lone Oak Road - Street Upgrade & Intersection Reconfiguration At the public hearing on February 1, 2005, the City Council ordered Project 918, and in accordance with the feasibility report, the following improvements were constructed: upgrade Pilot Knob Road to 5-lanes from Central Parkway to Lone Oak Road and add left-turn lanes for Lone Oak Road at the intersection with Pilot Knob Road, including replacement of curb and gutter and trail along the same streets as needed. In the feasibility report, it was proposed to assess the 2005 Fee Schedule rate for the 12' street widening on Pilot Knob Road in accordance with the City Special Assessment Policy. The improvements were completed by Dakota County under County Contracts 31-56 and 26-40. The following information was used in the preparation of the assessment roll for Project 918. L PROJECT COST The construction cost includes the amount of $504,459.30 paid to Dakota County as reimbursement for 45% of the payment to the contractors for the construction of the improvements. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $56,394.71 were incurred resulting in an improvement and project cost of $560,854.01. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMENT FEASIBILITY IMPROVEMENT COST COST REPORT Street Widening $504,459.30 $56,394.71 $560,854.01 $552,757 Totals $504,459.30 $56,394.71 $560,854.01 $552,757 1 H. ASSESSMENTS A. TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. B. STREET IMPROVEMENTS The costs of the street widening and intersection reconfiguration improvements were computed by Dakota County and invoiced to the City of Eagan accordingly for the City's share of 45% of the total construction cost. The City of Eagan accordingly invoiced Dakota County for 55% of its Other costs including engineering, design, property acquisition, contract management, inspections, financing, legal, bonding, administration. UNIT EXTENDED ITEM UNIT QTY PRICE COST County Contracts 31-56 and 26-40 L.S. 1 $504,459.30 $504,459.30 SUBTOTAL $504,459.30 Other City costs @11.18% 56,394.71 Street Widening & Intersection $560,854.01 Reconfiguration Cost C. IMPROVEMENT AND ASSESSMENT RATES There are two assessable properties within the project area; one is a public park (Central Park) and the other is a Commercial/Industrial property (Unisys). The improvement and assessment rates for the public park and Commercial/ Industrial property are computed as follows: Public Park The 2005 Fee Schedule includes street surfacing with grading at a rate of $116.50 per front foot for a 44' wide street segment. The widening of Pilot Knob Road entailed an additional width of 12'. TOTAL IMPROVEMENT ASSESSABLE RATE UNITS ASSESSMENT RATE $116.50 per ff 272 feet $31,688.00 ASSESSMENT RATE ASSESSABLE PORTION ASSESSMENT COST $31,688.00 X 27.27% (12/44) $8,641.32 2 Commercial/Industrial The 2005 Fee Schedule includes street surfacing with grading at a rate of $151.75 per front foot for a 52' wide street segment. The widening of Pilot Knob Road entailed an additional width of 12'. TOTAL IMPROVEMENT ASSESSABLE RATE UNITS ASSESSMENT RATE $151.75 per ff 1284 feet $194,847.00 ASSESSMENT RATE ASSESSABLE PORTION ASSESSMENT COST $194,847.00 X 23.08% (12/52) $44,965.80 D. ASSESSMENT TERMS The assessments are proposed for a term of 15 years. The interest rate is 6.0% per annum on the unpaid balance. M. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Street Widening $560,854.01 $53,607.12 ($507,246.89) Total $560,854.01 $53,607.12 ($507,246.89) ry) Russ Matthys, P.E. Reviewed Reviewe p~ blic Works Department Finance Department 0.12-0'1 (0 -i-a,C-7 Dated Dated c: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I PROJECT 918 CITY STAFF TIME THRU 9/01/07 AMOUNT AMOUNT (ACTUAL) (X 2) A PRELIM REPORT PRET 2,417.50 4,835.00 B PRELIM SURVEYING 765.00 1,530.00 C DESIGN SURVEYING 375.00 750.00 D DESIGN 0.00 E PLAN & SPEC PREP/REVIEW 593.75 1,187.50 F CONTRACT MANAGEMENT 3,057.50 6,115.00 G CONSTRUCTION STAKING 0.00 H INSPECTION 2,398.75 4,797.50 1 RECORD PLAN PREP/REVW 0.00 J EASEMENT/RIGHT OF WAY 1,780.00 3,560.00 K FINAL ASSESSMENTS 0.00 U UTILITY INSPECTION 0.00 TOTAL CITY STAFF TIME 8,970.00 17,940.00 CONTRACT PAYMENTS DAKOTA COUNTY 504,459.30 ENGINEERING DAKOTA COUNTY 3,011.56 S.E.H. 12,412.12 15,423.68 LEGAL 1,219.84 EASEMENT SEVERSON 3,393.27 SUNDE 1,728.80 DAKOTA COUNTY 306.90 BRKW 17,700.00 MAHOWALD 4,365.00 TREICHEL 4,715.00 POFERL 7,590.00 WACHTLER 1,585.00 UNISYS 3,850.00 HULKE 800.00 NELSON 4,115.00 EKBLAD 6,485.00 56,633.97 MISCELLANEOUS WOBSCHALL 14.85 DAKOTA COUNTY 189.27 204.12 TOTAL PROJECT 577,940.91 0.00 TOTAL INCLUDING STAFF TIME 595,880.91 FROM DAKOTA COUNTY (35,026.90) FROM FUND 9331 (85,664.27) 8~ Combined Assessment Roll Project Number IOP918 Proposed Pending Assessment Assessment Variance PID Addition Name House Nbr Street Name 10-22408-010-01 Eagan Central P 1493 Central Pkwy $8,641.00 $8,641.00 $0.00 10-79950-020-01 Unisys Park 3199 Pilot Knob Rd $44,966.00 $44,966.00 $0.00 Summary for 'SA_Nbr' = 1OP918 (2 detail records) Sum $53,607.00 $53,607.00 $0.00 Friday, October 12, 2007 Page I of I Agenda Information Memo October 16, 2007 Eagan City Council Meeting B PROJECT 944, KILLDEER ADDITION (JOYCE COURT) STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 944 (Killdeer Addition - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 944 provided for the bituminous overlay, and other street related improvements to Joyce Court within the Killdeer Addition located south of Highway 55, and east of Highway 149. • The Final Assessment Roll was presented to the City Council on September 18, 2007, with a public hearing scheduled for October 16 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 8% more than the estimated benefit amounts that were presented at the original Public Hearing January 2, 2007 due to higher than anticipated blacktop bid prices and quantities. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. No written objections have been received to date. An informational meeting was held on October 10 to address all property owners' questions or concerns and provide any additional information of interest. Of the 12 parcels (all Single-Family) being assessed, no one attended the meeting. ATTACHMENTS: ~j • Final Assessment Report, pages0 / through%. FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 944 Assessment: October 16, 2007 Name: Killdeer Addition Project Approval Date: January 2, 2007 Mill & Overlay Final Feasibility Final Feasibility Rate Report Units Rate Report Units SANITARY SEWER STORM SEWER ❑ Trunk ❑ Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk WATER STREET ❑ Trunk ❑ Gravel Base ❑ Lateral H Surfacing/ Sibs $933.05 $865 / Lot ❑ Service ❑ Multi Family Equiv. ❑ Lat. Benefit/trunk ❑ WAC ❑ C/I Equiv. ❑ Driveway OTHER STREET LIGHTS ❑ Service Pair ❑ Installation ❑ Energy Charge Contract Number of Interest Amount Citv Number Parcels Terms Rate Assessed Financed 07-01 12 5 Years 6.0% $10,380 F.R. $13,980 F.R. $11,196.54 $47.773.06 (F.R. = Feasibility Report) D I A City of Eap Me To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: September 17, 2007 Subject: Final Assessment Roll, Project 944 Killdeer Addition (Joyce Court) Street Overlay Improvements At the public hearing on January 2, 2007, the City Council ordered Project 944, and in accordance with the feasibility report, the following improvements were constructed: mill and overlay and replacement of traffic and street signage for Joyce Court within the Killdeer Addition neighborhood, and replacement of curb and gutter on Joyce Court as needed. In the feasibility report, it was proposed to assess 50% of the street overlay and signage improvements in accordance with the City Special Assessment Policy. The improvements were completed under Contract 07-01. The following information was used in the preparation of the assessment roll for Project 944. 1. PROJECT COST The construction cost includes the amount of $40,884.76 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $618.12. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $17,466.72 were incurred resulting in an improvement and project cost of $58,969.60. A large majority of City staff contract management time was spent on the curb & gutter repair and retaining reconstruction portion of the project, and is reflected in the allocation of the other costs below. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMENT FEASIBILITY IMPROVEMENT COST COST REPORT Street Resurfacing/ Sign Replace $20,461.30 $5,821.66 $26,282.96 $24,360 Curb & Gutter/ Retaining 21,041.58 11,645.06 32,686.64 38,810 Wall Repair Totals $41,502.88 $17,466.72 $58,969.60 $63,170 1 H. ASSESSMENTS A. TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. B. STREET IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization L.S. 1 $1,800.00 $1,800.00 Mill bituminous surface Sq. Yd. 1,060 1.45 1,537.00 Bituminous mat. for tack coat Gal. 150 2.00 300.00 _ Wear Course Mixture Ton 270.34 47.60 12,868.18 Traffic control L. S. 1 1,615.00 1,615.00 Adjust water valve box - riser Each 1 83.00 83.00 Adjust manhole casting - complete Each 4 410.00 1,640.00 Traffic signs L.S. 1 618.12 618.12 SUBTOTAL $20,461.30 Other costs @ 28.5% 5,821.66 Mill & Overlay/ Street Sign Cost $26,282.96 C. IMPROVEMENT AND ASSESSMENT RATES All assessable properties within the project area are low-density residential. The improvement and assessment rates for low-density residential property are computed as follows: TOTAL IMPROVEMENT ASSESSABLE ASSESSABLE COST FRONTAGE UNITS IMPROVEMENT RATE $26,282.96 85.2% 12 Lots $1,866.09/Lot IMPROVEMENT RATE ASSESSABLE PORTION ASSESSMENT RATE $1,866.09/ Lot X 50% $933.05/Lot D. ASSESSMENT TERMS The assessments are proposed for a term of 5 years. The interest rate is 6.0% per annum on the unpaid balance. 2 M. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Street Resurfacing/ Signs $26,282.96 $11,196.54 ($15,086.42) Curb & Gutter Repair 32.686.64 (32.686.64) Total $58,969.60 $11,196.54 ($47,773.06) Jo Gorder, P.E. Reviewed Reviewed lic Works Department Finance D artment Dated Dated c: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I 6v N TRUNK HV~y 5 5 W E S ~ . FRONTAGE NO SCALE I RCAD 3211 I 3225 195' Non-Assessable I I ~ rt I I Parcel 070-10 t U 00 1 Lot Equivalent - Subdividable UJI 31-0.1 U I 0 108 l - -3118 31.14 1w. 31_20 I ~f7 ~3105 ~ - r I I I 0 { 3119._ E A _ !K( 3-1 3111 1_3.1_15 LEGEND 933.05 per Lot Assessment Street Improvments Assessment Area o-oz-a~ G:Project & Contract Info\0948\Fesibility Report\Assessments Killdeer Addition - Joyce Court City of Eap Neighborhood Street Revitalization Fig. 1 Engineering Department I Project 944 - Final Assessments Combined Assessment Roll Project Number JOP944 Proposed Pending Assessment Assessment Variance PID Addition Name House Nbr Street Name 10-03800-070-10 Auditors Subdivi 3225 Hwy 55 $933.05 $865.00 ($68.05) 10-41900-013-01 Killdeer 3211 Hwy 55 $933.05 $865.00 ($68.05) 10-41900-020-01 Killdeer 3101 Joyce Ct $933.05 $865.00 ($68.05) 10-41900-030-01 Killdeer 3105 Joyce Ct $933.05 $865.00 ($68.05) 10-41900-070-01 Killdeer 3107 Joyce Ct $933.05 $865.00 ($68.05) 10-41900-091-01 Killdeer 311.1 Joyce Ct $933.05 $865.00 ($68.05) 10-41900-110-01 Killdeer 3115 Joyce Ct $933.05 $865.00 ($68.05) 10-41900-130-01 Killdeer 3121 Joyce Ct $933.05 $865.00 ($68.05) 10-41900-140-01 Killdeer 3120 Joyce Ct $933.05 $865.00 ($68.05) 10-41900-150-01 Killdeer 3118 Joyce Ct $933.05 $865.00 ($68.05) 10-41900-160-01 Killdeer 3114 Joyce Ct $933.05 $865.00 ($68.05) 10-41900-170-01 Killdeer 3108 Joyce Ct $933.05 $865.00 ($68.05) Summary for 'SA_Nbr' = 1OP944 (12 detail records) $11,196.60 $10,380.00 ($816.60) Sum Page 1 of I Friday, October 12, 2007 a l~ Agenda Information Memo October 16, 2007 Eagan City Council Meeting C PROJECT 945, SHEFFIELD ADDITION (SUDBERRY LANE) STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 945 (Sheffield Addition - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 945 provided for the bituminous overlay, and other street improvements, of Sudberry Lane within the Sheffield Addition neighborhood, located south of Wilderness Run Road, and east of Lexington Avenue. • The Final Assessment Roll was presented to the City Council on September 18, 2007, with a public hearing scheduled for October 16 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 25% less than the estimated benefit amounts that were presented at the original Public Hearing January 2, 2007. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on October 10 to address all property owners' questions or concerns and provide any additional information of interest. Of the 39 parcels (all Single-Family) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages through. FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number Project 945 Assessment: October 16, 2007 Name: Sheffield Addition Project Approval Date: January 2, 2007 Mill & Overlay Final Feasibility Final Feasibility Rate Report Units Rate Report Units SANITARY SEWER STORM SEWER ❑ Trunk ❑ Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk WATER STREET ❑ Trunk ❑ Gravel Base ❑ Lateral Q Surfacing/ Signs 5$ 29.26 710 /Lot ❑ Service ❑ Multi Family Equiv. ❑ Lat. Benefit/trunk ❑ WAC ❑ C/I Equiv. ❑ Driveway OTHER STREET LIGHTS ❑ Service Pair ❑ Installation ❑ Energy Charge Contract Number of Interest Amount CitV Number Parcels Terms Rate Assessed Financed 07-01 39 5 Years 6.0% $27,680 F.R. $65.080 F.R. $20,641.06 $49.913.00 (F.R. = Feasibility Report) City of ETo: Mayor and City Council From: John Gorder, Assistant City Engineer Date: September 20, 2007 Subject: Final Assessment Roll, Project 945 Sheffield Addition (Sudberry Lane) Street Overlay Improvements At the public hearing on January 2, 2007, the City Council ordered Project 945, and in accordance with the feasibility report, the following improvements were constructed: mill and overlay and replacement of traffic and street signage for Sudberry Lane within the Sheffield Addition neighborhood, and replacement of curb and gutter on Sudberry Lane as needed. In the feasibility report, it was proposed to assess 50% of the street overlay and signage improvements in accordance with the City Special Assessment Policy. The improvements were completed under Contract 07-01. The following information was used in the preparation of the assessment roll for Project 945. 1. PROJECT COST The construction cost includes the amount of $49,877.34 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $1,174.67. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $19,503.04 were incurred resulting in an improvement and project cost of $70,555.05. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMENT FEASIBILITY IMPROVEMENT COST COST REPORT Street Resurfacing/ Sign Replace $295872.83 $115409.28 $41,282.11 $55,350 Curb & Gutter Repair 21,179.18 8.093.76 29,272.94 $37,410 Totals $51,052.01 $19,503.04 $70,555.06 $92,760 1 ~v H. ASSESSMENTS A. TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. B. STREET FYIPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization L.S. 1 $1,800.00 $1,800.00 Mill bituminous surface Sq. Yd. 2,160 1.35 2,916.00 Bituminous mat. for tack coat Gal. 275 2.00 550.00 Wear Course Mixture Ton 448.79 44.50 19,971.16 Traffic control L. S. 1 1,615.00 1,615.00 Adjust water valve box - riser Each 2 83.00 166.00 Adjust manhole casting - complete Each 3 410.00 1,230.00 Adjust manhole casting - riser Each 3 150.00 450.00 Traffic signs L.S. 1 1,174.67 1,174.67 SUBTOTAL $29,872.83 Other costs @ 38.1% 11,409.28 Mill & Overlay/ Street Sign Cost $41,282.11 C. IMPROVEMENT AND ASSESSMENT RATES All assessable properties within the project area are low-density residential. The improvement and assessment rates for low-density residential property are computed as follows: TOTAL IMPROVEMENT ASSESSABLE COST UNITS IMPROVEMENT RATE $41,282.11 39 Lots $1,058.52/Lot IMPROVEMENT RATE ASSESSABLE PORTION ASSESSMENT RATE $1,058.52/ Lot X 50% $529.26/Lot D. ASSESSMENT TERMS The assessments are proposed for a term of 5 years. The interest rate is 6.0% per annum on the unpaid balance. 2 q~ III. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Street Resurfacing/ Signs $41,282.11 $20,641.06 ($20,641.06) Curb & Gutter Repair 29.272.94 (29,272.94) Total $51,052.01 $20,641.06 ($49,913.00) Jo ' Gorder, P.E.\ Reviewed Rev4De P' lic Works Department Finment DatedDated c: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I 3 8 o al m LL 00 CD L) LO co LL co N to O co co In O 't co co co N co ,It 00 00ti . 00 O r E' aoi , - ERFt`( SAN c o Sv~g kw.. co co cu ti N W rFe co r~ C ao co LO 00 U) 000 co co N fn ~ uw w Q 00 LC) ` Z F 06 ti JY~; g co c4 O~ oo.,. 00 a } O O IL 00 0 1 S ao co 00 CY) Z) U) CO 00 00 O o Z 0 0 c o N O m x aI" O 0 00 -,t O Q ~ U CD N 00 00 U-) °o cn rn xr rn m d- C O CD O to rn Q N 0 co a O " O Z cD E rn o W N E rn W N un Q Al a Ct v t Z (ff~i_ V w ~V s~uawssassy~LOda see ppy play}ay b6 olyl pelluo pue pafa~,~ Combined Assessment Roll Project Number 1OP945 Proposed Pending PID Addition Name House Nbr Street Name Assessment Assessment variance 10-67600-130-01 Sheffield 905 Sudberry Lan $529.26 $710.00 $180.74 10-67600-130-02 Sheffield 864 Sudberry Lan $529.26 $710.00 $180.74 10-67600-140-02 Sheffield 868 Sudberry Lan $529.26 $710.00 $180.74 10-67600-150-02 Sheffield 872 Sudberry Lan $529.26 $710.00 $180.74 10-67600-160-02 Sheffield 876 Sudberry Lan $529.26 $710.00 $180.74 10-67600-170-02 Sheffield 880 Sudberry Lan $529.26 $710.00 $180.74 10-67600-180-02 Sheffield 884 Sudberry Lan $529.26 $710.00 $180.74 10-67600-190-02 Sheffield 888 Sudberry Lan $529.26 $710.00 $180.74 10-67600-200-02 Sheffield 892 Sudberry Lan $529.26 $710.00 $180.74 10-67600-210-02 Sheffield 896 Sudberry Lan $529.26 $710.00 $180.74 10-67600-220-02 Sheffield 900 Sudberry Lan $529.26 $710.00 $180.74 10-67600-230-02 Sheffield 904 Sudberry Lan $529.26 $710.00 $180.74 10-67600-240-02 Sheffield 906 Sudberry Lan $529.26 $710.00 $180.74 10-67600-250-02 Sheffield 908 Sudberry Lan $529.26 $710.00 $180.74 10-67600-260-02 Sheffield 910 Sudberry Lan $529.26 $710.00 $180.74 Summary for 'SA_Nbr' = 1OP945 (39 detail records) Sum $20,641.14 $27,690.00 $7,048.86 Friday, October 12, 2007 Page 2 of 2 Agenda Information Memo October 16, 2007 Eagan City Council Meeting OLD BUSINESS A. CAMBERWELL DRIVE & OXFORD ROAD STOP SIGN PETITION ACTION TO BE CONSIDERED: To receive a petition and approve/deny the installation of all-way stop signs at the intersection of Camberwell Drive and Oxford Rd. FACTS: • A resident petition was received on September 4, 2007 requesting the installation of all-way stop signs at the Camberwell Drive and Oxford Road intersection. A similar petition was previously submitted on September 3, 2004 with the same request. • Under Chapter 8 of the City of Eagan ordinances, the City has adopted by reference the Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD). The MnMUTCD provides specific criteria, or "warrants", which need to be present at an intersection for the installation of all-way stop signs. These warrants include: o A crash problem, as indicated by 5 or more reported crashes in a 12-month period that are susceptible to correction by a multi-way stop installation. o A minimum traffic volume of 500 vehicles entering the intersection for any consecutive 8-hour period. o Although not an individual warrant, consideration is also given for 85th percentile vehicle speeds above 40 miles per hour. • Traffic studies were conducted in 2004 and updated again in 2007 in response to the petitions. • The results of the 2004 traffic study found: o A crash problem did not exist. o The traffic volume at the west leg of the intersection was 640 vehicles in 48-hours which is considerably less than the required volumes to achieve 500 vehicles entering the intersection per hour for a consecutive 8-hour period. 0 85th percentile vehicle speed (the speed at which 85% of cars are traveling at or below) ranged between 30 and 32 miles per hour. • Since no warrants were met based upon the 2004 traffic study, staff informed the petitioners that the requested multi-way stop signs would not be installed. • The results of the 2007 study update indicate: o No accidents were reported during 2004, 2005 and 2006. o A minor increase in traffic volumes was observed with approximately 95 vehicles entering the intersection during the highest one-hour period and considerably less during any other hours. 0 85th percentile vehicle speed had decreased to approximately 28.9 miles per hour. /00 OLD BUSINESS A. CAMBERWELL DRIVE & OXFORD ROAD STOP SIGN PETITION (Cont'd.) • No warrants have yet to be met according to the updated traffic study. The City Council has previously delegated authority to the City Engineer to proceed with stop sign installations where sufficient warrants are met. Since no warrants have been met after two specific studies performed 3 years apart, the City Engineer can not authorize the requested stop signs. This petition is now being forwarded to the City Council for their information and further consideration. ATTACHMENT: • Letter to lead petitioner, pages / 0 D" through_ • Location map, page !DI City of Eayn October 11, 2007 Mike Maguire MAYOR Mr. Lawrence Marciano 726 Camberwell Drive Paul Bakken Eagan, MN 55113 Peggy Carlson Cyndee Fields Meg Tilley Re: Camberwell Drive & Oxford Road - Stop Sign Petition COUNCIL MEMBERS Dear Mr. Marciano, Thomas Hedges CITY ADMINISTRATOR This letter is in response to a petition which was submitted to the City of Eagan on September 4, 2007 requesting the installation of a three-way stop condition at the intersection of Camberwell Drive and Oxford Road. You have been identified as the contact person for the petition and as such we would request that you please share this information with your fellow petitioners. As you know, a similar petition was submitted on September 3, 2004. Since three- MUNICIPAL CENTER years have elapsed since the last petition, it would be appropriate to review the 3830 Pilot Knob Road requirements for the installation stop signs and the process that is used to evaluate intersections for the installation of stop signs. Eagan, MN 55122-1810 651.675.5000 phone The installation of stop signs is regulated by the Minnesota Manual of Traffic Control 651.675.5012 fax Devices (MnMUTCD) which is published by the Minnesota Department of 651.454.8535 TDD Transportation. The City of Eagan, along with most other cities, has adopted this manual to insure uniformity in the installation and application of streets signs. Uniformity and consistency throughout the metro area and the City of Eagan is important to obtain the highest level of compliance by the traveling public. Stop MAINTENANCE FACILITY signs are one of the signs governed by this manual. The MnMUTCD states that stop 3501 Coachman Point signs are not to be installed to control speed, but rather, to regulate and control traffic Eagan, MN 55122 at an intersection where relatively large numbers of vehicles entering the intersection 651.675.5300 phone from several different directions require the assignment of right-of-way. 651.675.5360 fax Multi-Way Stop Sign Warrants/Guidelines 651.454.8535 TDD More specifically, the installation of multi-way stop signs requires several guidelines, or "warrants", be present.. The warrants include traffic volume, traffic speed and accident history. Data to evaluate compliance with these warrants was collected in www.cityofeagan.com 2004. Updated speed and volume information was collected for a 48-hour period from 10:00 a.m. Wednesday, September 19, 2007 to 10:00 a.m. Friday, September 21, 2007 at five locations around the Camberwell Drive & Oxford Road intersection. Traffic volume warrants require minimum volumes of vehicles or pedestrians entering the intersection from all approaches to average 500 vehicles or pedestrians THE LONE OAK TREE per hour for any eight consecutive hours of an average day. Traffic volume data The symbol of collected in 2004 found that peak hour volume on the west approach (near 742 strength and growth in our community. \\eacity\Engineer$\Tim Plath\'07\Letters\marciano101107.doc/ M~ Camberwell Drive) was 40 vehicles and the total volume at this approach for the 48- hour period was 640 vehicles. The 2007 data indicates that the peak hour volume has increased to approximately 56 and the total volume for the 48-hour period has increased to approximately 790 vehicles. When totaled with traffic volumes collected at the other approaches in 2007, the total volume of vehicles currently entering the Camberwell Drive & Oxford Road intersection is 733 vehicles over a 24- hour period. An estimated one-hour (peak hour) volume is 95 vehicles currently entering the intersection. This is significantly less than the required 500 vehicles per hour for any eight consecutive hours which totals more than 4,000 vehicles entering the intersection in an 8-hour period. In order for vehicle speeds to be factored into the criteria for the installation of multi- way stop signs, 85 percent of the vehicle average speeds must equal or exceed 40 mph. The 850' percentile speeds collected in 2004 near 742 Camberwell Drive were between 30 and 32 mph. The 2007 data was collected near 719 Camberwell Drive and found the 85th percentile speeds had actually decreased to 28.4 and 28.9 mph. The updated data indicates the speeds are still well below the 40 mph threshold. Finally, a search of the state accident report database was conducted to determine if the intersection experiences an accident problem as indicated by five or more correctible accidents in a 12-month period. No crashes were reported at the Camberwell Drive & Oxford Road intersection between January 1, 2004 and December 31, 2006 which represents the currently available data. The current data indicates that the intersection is not experiencing an accident problem. Installation Authority The Camberwell Drive & Oxford Road intersection does not meet any of the prescribed warrants for the installation of multi-way stop signs. Your intersection of concern is similar to the vast majority of local residential streets in our community. The installation of unwarranted stop signs can create a liability issue should a future accident occur. Subsequently, the Public Works Department does not have authority to and cannot install unwarranted multi-way stop signs. Your petition, along with our study results, will be forwarded to the City Council for their information at the October 16, 2007 meeting. Alternative Options to Address Concerns Although no specific concerns were indicated with the latest petition, the 2004 petition referenced several concerns, including excessive speed, driver uncertainty about right-of-way at intersection, safety of small children and the need to slow down thru-traffic. An effective and inexpensive option for a neighborhood to help control speeds is through a formal or informal neighborhood speed watch program, where neighbors can report a speeding vehicle's license plate number to the police department. The department will then contact the owner(s) of the offending vehicles, reminding them of the street's speed limit and the neighborhood's concern for safety. Since the speeding vehicles may in fact be residents who live in the area, perhaps this concern can be raised and a watch program organized during a neighborhood block parry or \\eacity\Engineer$\Tim P1athV07\Letters\marciano101107.doc/ i other neighborhood gathering. A flyer may also be distributed by concerned residents through the neighborhood reminding all vehicle drivers of the safety concerns on the streets. Another option is the temporary placement of a radar speed display unit available through our police department. You may have seen these portable trailers placed elsewhere throughout the City. They contain a radar unit that detects the speed of passing vehicles and displays it on a reader board, with the speed limit sign above the reader board. Studies have shown that on local streets, such as Camberwell Drive and Oxford Road, the radar speed trailers raise residents' consciousness. If you are interested, please contact the Eagan Police Department at 651.675.5700 to coordinate the placement of the radar speed trailer in your neighborhood. Physical alterations to the street, such as street narrowing, are another option but include higher costs which are generally borne by the adjacent residents. These alterations may also impact pedestrian safety, given that there are no sidewalks or trails adjacent to Camberwell Drive or Oxford Road. Thanks for your interest in the safety of your street. Feel free to contact me at 651.675.5646 or at tplath2,6 ofea ag n.com if you have any questions. Sincerely, Tim Plath, PE, PTOE Transportation Engineer cc: Tom Colbert, Public Works Director Jim McDonald, Chief of Police Russ Matthys, City Engineer John Gorder, Assistant City Engineer Tom Struve, Superintendent of Streets File \\eacity\Engineer$\Tim P1ath\'07\Letters\marciano101107.doc / I 4051 n 47 4073 r \n 4068 4077 4074 ILLL,,,,,KJJJI ~m 4081 4078 NO SCALE 4081 4072 4077 4067 r r 4076 4085 4080 4071 4082 4089 6 • 4082 4075 OR m~ 4086 4092 4093 0 4090 4086 4094 4079 4083 4096 4 703 4097 0P 4091 4100 4098 691 4095 4101 0P~ 4098 QR. 4099 4102 4143 4138 4110 719 702 698 694 690 Q FrtigN 4106 723 !v~'~ 710 706 O 4142 ~ j I 4147 ( 4146 727 jQ~ 705 71 Q 0 735 70 4135 0 763 759 W 4150 739 697 O Q 726 Q co OXFORD ROAD 734 704 762 758 E75 746 742 738 700 696 692 688 684 680 Requested Stop Sign Location ETHAN Off. 66i 659 DIFFLEY ROAD G\StopSi ns OXFORD RD. 3-WAY Location Map City of E8~8Il Camberwell Dr. / Oxford Rd. Stop Sign Petition 10-11-07 Engineering Department Agenda Information Memo October 16, 2007, Eagan City Council Meeting VIII. NEW BUSINESS A. PRELIMINARY SUBDIVISION (DG WELDING FIRST ADDITION) - DG ENTERPRISES ACTIONS TO BE CONSIDERED: To approve (OR direct preparation of findings of fact for denial) a Preliminary Subdivision to create two lots upon approximately 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive, legally described as Lot 1, Block 1, Tan Me Industrial Park First Addition and Lot 1, Block 1, Bachmans Eagan Addition in the SE'/4 of Section 8, subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The DG Enterprises property (3265 Sun Drive) was platted in 1997 as Tan Me First Addition. The building was constructed in 1997. A CUP for outside storage also was issued in 1997. ➢ The Bachman's First Addition property was developed in 1968. It was first platted as part of Sibley Terminal Industrial Park in 1964, and replatted as Bachman's Eagan Addition to consolidate three parcels into one lot in 2005. ➢ DG Enterprises is acquiring approximately 2.2 acres of the westerly portion of the adjacent Bachman's First Addition. The subdivision is necessary to allow the land transfer. ➢ Existing easements (35' wide trunk sanitary sewer easement, 60' wide ingress/egress easement, and 20' wide utility easement) will be maintained with the proposed subdivision and plat. ➢ There is no new development is proposed at this time, however, the applicant is acquiring this additional land for possible future expansion. ➢ Future development will be subject to the City's Tree Preservation Ordinance, and should provide for water quality and quantity controls in compliance with City standards at that time. ➢ The site is subject to cash park dedications for future development. ➢ The site is subject to cash trail dedication for 6.46 acres (existing L1, B1 Bachman's Eagan Addition) at the time of final plat. ➢ The Advisory Planning Commission held a Public Hearing on September 25, 2007 and is recommending approval. ISSUES: None 120-DAY AGENCY ACTION DEADLINE: Deadline expires December 26, 2007 ATTACHMENTS (2): I Draft APC minutes on pa es / Staff report on pagesthroug `ice September 25, 2007 APC Minutes Page 4 of 6 C. DG Welding First Addition Applicant Name:DG Enterprises Location:3265 Sun Drive & 3245 Terminal Drive; Lot 1, Block 1, Tan Me Industrial Park & Lot 1, Block 1, Bachmans Eagan Addition Application: Preliminary Subdivision A Preliminary Subdivision of approximately 8.4 acres to create 2 lots. File Number: 08-PS-09-08-07 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated September 19, 2007. She noted the background and history. The applicant was present and available for questions. Chair Keeley opened the public hearing. There being no public comment, Chair Keeley closed the public hearing and turned the discussion back to the Commission. Member Feller moved, Member Heaney seconded a motion to recommend approval of a Preliminary Subdivision to create two lots upon 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive in the SE '/4 of Section 8, legally described as Lot 1, Block 1, Tan Me Industrial Park First Addition and Lot 1, Block 1, Bachman's Eagan Addition, subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1 2. The property shall be platted. 3. Future development of the this subdivision (i.e. parking lot expansion) shall provide water quality and quantity control measures, in accordance with City Water Quality and Engineering standards in effect at the time of development. 4. Any future development of Lot 1 (i.e. parking/ storage expansion) shall construct and maintain a 30-foot wide clear, paved access road within this easement, from Sun Drive to the City property. 5. Storage shall not be allowed within the ingress/egress easement area on Lot 1. 6. If a fence is installed with future development, 30-foot wide gates, with City accessibility, shall be provided on both ends of the ingress/ egress easement within the fence. 7. Future development of this subdivision (i.e. parking/storage lot or building expansion) shall comply with tree preservation and mitigation requirements in accordance with the City's Tree Preservation Ordinance in effect at the time of development. 8. This development is subject to cash park dedication. Lot 1 shall be subject to additional cash park dedication with any future expansion of the building. Lot 2 shall be subject to a cash park dedication for any future building expansion or reconstruction. Park dedication shall be payable at the time of building permit at the rates then in effect. 9. This development is responsible for a cash trail dedication for 6.46 acres, payable at the time of final plat at the rates then in effect. A vote was taken. All voted in favor. Motion carried: 5-0. d~ PLANNING REPORT CITY OF EAGAN . REPORT DATE: September 19, 2007 CASE: 08-PS-09-08-07 APPLICANT: DG Welding HEARING DATE: September 25, 2007 PROPERTY OWNER: DG Enterprises APPLICATION DATE: August 15, 2007 REQUEST: Preliminary Subdivision PREPARED BY: Pamela Dudziak LOCATION: 3265 Sun Drive and 3245 Terminal Drive COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-l, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision to create two lots upon 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive in the SE 1/4 of Section 8, legally described as Lot 1, Block 1, Tan Me Industrial Park First Addition and Lot 1, Block 1, Bachmans Eagan Addition. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. sae Planning Report - DG Enterprises September 25, 2007 Page 2 D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The DG Enterprises property (3265 Sun Drive) was platted in 1997 as Tan Me First Addition. The building was constructed in 1997. A CUP for outside storage also was issued in 1997. The Bachman's First Addition property was developed in 1968. The property was platted as pat of Sibley Terminal Industrial Park in 1964, and was replatted as Bachman's Eagan Addition to consolidate three parcels into one lot in 2005. There are two existing buildings and one large cement slab (previous location of Bachman's greenhouses) on site. X07 Planning Report - DG Enterprises September 25, 2007 Page 3 DG Enterprises is acquiring the westerly approximately 2.2 acres of the adjacent Bachman's First Addition. While no new development is proposed at this time, the applicant is acquiring this additional land for possible future expansion. The subdivision is necessary to allow the land transfer. EXISTING CONDITIONS Both parcels contain existing buildings. The Bachman's First Addition site generally slopes toward the west and the western portion of the site is heavily wooded. Access is provided to Bachman's First Addition via Terminal Drive and to the DG Enterprises site via a private street, Sun Drive. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning_ Land Use Designation North Industrial (Safety Kleen/ I-1, Limited Industrial IND, Limited Industrial United Stationers South Warehouse/storage, I-1, Limited Industrial IND, Limited Industrial manufacturing East Warehouse/storage, I-1, Limited Industrial IND, Limited Industrial Manufacturing West City of Eagan PF, Public Facilities QP, Quasi-public EVALUATION OF REQUEST Proposal - DG Enterprises currently owns Lot 1, Block 1, Tan Me Addition and proposes to acquire approx. 2.2 acres of Lot 1, Block 1, Bachman's Eagan Addition in anticipation of future expansion needs. The subdivision is necessary to accomplish the transfer of land and establish a new property line between the two properties. The proposed DG Welding First Addition subdivision results in proposed Lot 1 containing the existing DG Welding facility and proposed Lot 2 consists of the remaining Bachman's property. The applicant should note that future expansion of outside storage on Lot 1, or the establishment of outside storage on Lot 2, will require a Conditional Use Permit. Compatibility with Surrounding Area - There is no new development proposed at this time, and no new lots created as part of the proposed subdivision. Airport Noise Considerations - The City of Eagan considers airport noise as a factor in its Comprehensive Land Use Guide Plan. Aviation is considered a regional system and is included in I1D Planning Report - DG Enterprises September 25, 2007 Page 4 the Metropolitan Council's 2030 regional Transportation Policy Plan. As part of this plan, the 1996 Aviation Policy Plan remains in effect and will continue to anticipate the impacts from the operations of the MSP International airport at its current location. As an appendix to its 2030 Transportation Policy Plan, the Metropolitan Council has adopted new land use compatibility guidelines which incorporate the FAR Part 150 2007 noise contours and noise exposure map for MSP International Airport. A refinement of these guidelines may be found in the March 2006 Metropolitan Council's Builder's Guide, including additional land use compatibility and noise attenuation within the applied Noise Buffer Zone. The subject site is within the applied Noise Buffer Zone. Industrial uses are considered compatible within the Buffer Zone. Lots - The proposed lot areas are Lot 1 = 4.14 acres and Lot 2 = 4.26 acres. Setbacks - I-1, Limited Industrial setbacks apply to both lots. Minimum required building setbacks are: front = 40 feet, side = 20 feet and rear = 20 feet. Required parking/pavement setbacks are 20 feet from a public right-of-way, and 5 feet from other lot lines. City Code currently requires a 50' parking/pavement setback in the I-1 zoning district when "directly adjacent to properties guided for parks or public facilities." The existing DG Welding facility is adjacent to property zoned PF, Public Facilities. A CUP was approved for outside storage on that site in 1997, and the 15' setback of the outside storage area from the PF property does comply with the approved site plan for the 1997 CUP. Also, the adjacent property is utilized by the City's Public Works Department as a stockpile area for earthen and excavated materials. Further expansion of the outside storage will be subject to a new CUP and setback requirements in effect at that time. Site Plan - Because there is no new development proposed at this time, a proposed site plan was not submitted. The Existing Conditions Plan shows the existing site layout. Green Space - The acquisition of an additional 2.2 acres of undeveloped land will increase the green space on proposed Lot 1 (the DG Welding site). The corresponding reduction in green space for proposed Lot 2 (Bachman's) still results in a green space ratio exceeding the minimum required 25% for I-1 zoned property. Grading/ Topog_raphy - The site is heavily wooded in the northern portion of proposed Lot 1, and the overall site generally slopes to north and west. Utilities - The existing buildings are connected to City sanitary sewer and water main service, and no additional service extensions are necessary with the proposed subdivision. An existing Metropolitan Council - Environmental Services sanitary sewer trunk line runs through the southwestern portion of proposed Lot 2 and the northeast portion of proposed Lot 1. Storm Drainage/Water Quality - A City storm sewer trunk line extends south to north through proposed Lot 1. Current drainage of proposed Lot 1 utilizes this storm sewer, while the drainage ~~I Planning Report - DG Enterprises September 25, 2007 Page 5 on proposed Lot 2 flows overland to the west. Future development of this subdivision (i.e. parking lot expansion) should provide water quality and quantity control measures, in accordance with City Water Quality and Engineering standards in effect at the time of development. Access - Lot 1 currently has driveway access to a private street (Sun Drive), while Lot 2 has access onto a public street (Terminal Drive). No additional accesses are proposed with this subdivision. The City holds an ingress/ egress easement across Lot 1, utilized mainly by City Maintenance crews, to access the City's property to the west (Parcel 011-50). Any future development of Lot 1 (i.e. parking/ storage expansion) should construct and maintain a 30-foot wide clear, paved access drive within this easement, from Sun Drive to the City property. Storage should not be allowed within the easement area. If a fence is installed with future development, 30-foot wide gates, with City accessibility, should be provided on both ends of the ingress/ egress easement. Easements/Rights of Way/ Permits - A 35' wide easement for trunk sanitary sewer extends through the southwestern portion of Lot 2 and the northeast portion of Lot 1. A 60' wide ingress egress easement and a 20'wide utility line easement extend across the northern boundary of the existing DG Enterprises site. These easements will be maintained with the proposed subdivision and plat. Tree Preservation - The initial plans submitted provided a tree inventory based on individual trees. The City Forester suggested that the site be reinventoried using the "significant woodland" classification. Although the applicant did not prepare a revised tree inventory, staff's analysis of recent aerial photography estimates approximately 50,000 sq. ft. (1.15 acres) of significant woodlands on site, comprised mostly of softwood deciduous trees such as elm and cottonwood trees. Expansion and further development of the site will be subject to the City's Tree Preservation Ordinance. Because the applicant is not proposing any new development at this time, the submitted application does not indicate what portion of the existing woodlands will be removed with future development. Given the amount of significant woodlands currently on site, future expansion and development likely will require tree mitigation. The City's Tree Preservation Ordinance currently allows 30% removal for single-phase single-lot commercial/industrial development. Future development of this subdivision (i.e. parking/storage lot or building expansion) should comply with tree preservation and mitigation requirements in the City's Tree Preservation Ordinance in effect at the time of development. A revised tree/woodland inventory and tree preservation plan will need to be submitted prior to any future development or expansion. Parks and Recreation - Park and trail dedications were satisfied for Lot 1, Block 1 Tan Me First Addition in 1997 with the construction of the DG Welding facility. It appears that park and trail dedications have not been paid (or land dedicated) for the existing Lot 1, Block 1, Bachman's qc~ Planning Report - DG Enterprises September 25, 2007 Page 6 Eagan Addition, which was initially platted as Sibley Terminal Industrial Park in 1964, developed in 1968, and replatted to consolidate several parcels into one lot in 2005. Prior to this year, commercial/industrial park dedication rates were based on the net acreage of a site. In 2007, the City's commercial/industrial park dedication rates were modified to be based on the size of the building. As such, Lots 1 and 2 should be subject to additional cash park dedication with any future building expansion. For both lots, park dedication will be payable at the time of building permit at the rates then in effect. A cash trail dedication was paid on the Lot 1, Block 1, Tan Me First Addition parcel in 1997. Trail dedication has not been fulfilled for the existing 6.46-acre Bachman's Eagan Addition parcel. Therefore, a cash trail dedication on the 6.46 acres is due at this time, payable at the time of final plat. The 2007 rate for trail dedication is $1,251.00 per net acre. SUMMARY/CONCLUSION The applicant is requesting approval of a Preliminary Subdivision to create two lots upon 8.4 acres located north of Sun Drive and west of Terminal Drive in the SE I/4 of Section 8. There is no new development proposed at this time, however, future expansion of the DG Welding facility is anticipated. Existing easements should be maintained with the proposed new plat. Future development will be subject to the City's Tree Preservation Ordinance, and should provide for water quality and quantity controls in compliance with City standards at that time. The site is subject to cash park dedications for future development, and cash trail dedication for 6.46 acres (existing L1, B1 Bachman's Eagan Addition). ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create two lots upon 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive in the SE 1/4 of Section 8, legally described as Lot 1, Block 1, Tan Me Industrial Park First Addition and Lot 1, Block 1, Bachman's Eagan Addition. If approved, the following conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1 2. The property shall be platted. 3. Future development of the this subdivision (i.e. parking lot expansion) shall provide water quality and quantity control measures, in accordance with City Water Quality and Engineering standards in effect at the time of development. 4. Any future development of Lot 1 (i.e. parking/ storage expansion) shall construct and maintain a 30-foot wide clear, paved access road within this easement, from Sun Drive to the City property. 43 Planning Report - DG Enterprises September 25, 2007 Page 7 5. Storage shall not be allowed within the ingress/egress easement area on Lot 1. 6. If a fence is installed with future development, 30-foot wide gates, with City accessibility, shall be provided on both ends of the ingress/ egress easement within the fence. 7. Future development of this subdivision (i.e. parking/storage lot or building expansion) shall comply with tree preservation and mitigation requirements in accordance with the City's Tree Preservation Ordinance in effect at the time of development. 8. This development is subject to cash park dedication. Lot 1 shall be subject to additional cash park dedication with any future expansion of the building. Lot 2 shall be subject to a cash park dedication for any future building expansion or reconstruction. Park dedication shall be payable at the time of building permit at the rates then in effect. 9. This development is responsible for a cash trail dedication for 6.46 acres, payable at the time of final plat at the rates then in effect. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines. and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. X15 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25. 1987 September 15. 1987 Revised: July 10, 1990 Revised: February 2. 1993 LTS#5 STANDARD.CON /r7 Eagan Boundary Right-of-way Para Location Map oPark Area k Area Building Footprint p 0 Q~ (f CD 0 ~ O o 0 o Qo ® ~ Qo o ~r a ° o Subject Site r p®~~ 4 ft it C'Sa ~ } nl 1F p~ ) x of . ~ ~ w C4 ® ~ G" IJ ~ Lid b 'FBI RM o p < o'T; o ~ Do q b ~ O a f7 6 oa 00 d f lip 'd < ..ILL COUNT' ROAD NO. S! (YANK[[ OOODL! ROAD) J a o } o rL~~g P 0 orb O v p o <P 4 e 8 i O 7MP 1000 0 1000 2000 Feet Development/Developer. DG Welding Application: Preliminary Subdivision Case No.: 08-PS-09-08-07 N City of Eapn ( 1 CTHIS MAP IS INTENDED FOR REFERENCE USE ONLY w E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan DG Welding First Addition Land Use Map Preliminary Subdivision 08-PS-09-08-07 Zoning Map P v ° O I-, I.1 Location Current Zoning: R•3 I-1 1-1 Limted Industrial PF i 1-1 1-1 ,2 =0. c R-1 R AP 4 PD PD 600 0 600 1200 Feet R. Comprehensive Guide Plan 1~ o Land Use Map Izz, IN P IND Location nD P P IND MD Current Land Use Designation: IND b LD IND OP Limted Industrial LD IND w 0 i LD `P IND t A4 O/s OIs 600 0 600 1200 Feet Parcel base map Information provided by Dakota County Land Survey Department Domnber 2005. N Zoning Information maintained by City Staff. City of Eakan THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E The City of Eagan and Dakota County do not guarantee the accuracy of this information. S g> e _ f yr- / f _zwj i; i ~ •ir--' f Jj ~ ~ t .t t.,~,~• rye. Y t~k a 40,11 ld]d 'WI-13Hd 5W c b i;~~z m[G a E b F a brg' g^Y° ~ F' i ~W 7 a^zn e~1 Z E Baa =s j ~-S ~Q3S W° /~z 591 a~gpb , . m - m* a a z Abe Ubbb p 3 yy~~ bgg~~ ° ae ag 0; k '`~d baj2iY 01 99 i 9= - « e r p O in O 5 N co 7 Q C`v' } J <a a C-0 gy'ai b~e a b Q. LU a ?I= o Mb1$ . I---J IN LLJ U Z O s y . ? = LLJ Q ---.-.u'9°.,-,'cos--~' M ST °'Si \ i,. s aG? z5'c n ~ a _ A V) ~ i LL Z 0 D Fn N LLJ \ w h / W ~ Q 0J / ~o \ Z s ? sa / t ~\ti ~ ~ t k e l A 3 Cm / E~e oea Ile" .61 =84 ~ ~ \ s 'tea ; I \ e ~ ~ I i b Y , I i I ' if 11 a1 A SNOW GNOO ONIISIX3 <cv gl. ps s e~'= A < aa; ~ o~~~W ~y Y s ~is ;a$ _"st law z b ]W .1 1- 6 prj, gW z F z BBE . s is° I5 3j Nis acg s 5 goo - ask' 0 N < LAU ' qq I~IIII m~ a;"s ` Pig b ib Y zap m E =8~ r~ pq g ~<m"s` ab z N o F Z Z r- U < CJ J U 10- N F= CXD x C"i LLJ LJJ w ce- ~Y/L-_.1 it tltl d S co c;d e o y) i r l' - W /f i/ lit -~•1~ a ~ ~ q~~ N ' ~a tb, i r r r. G WUDING MPr.-,rV See, VS 3265 Sun Drive Eagan, MN 55121 651-688-2358 Fax 651-688-2466 The proposed subdivision, DG WELDING FIRST ADDITION, comprises of a lot line adjustment between Lot 1, Block 1, BACHMANS EAGAN ADDITION and Lot 1, Block 1, TAN ME INDUSTRIAL PARK. Approximately 2.2 acres will be divided from the BACHMANS EAGAN ADDITION property and added to the TAN ME INDUSTRIAL PARK property. No development of the proposed lots is planned at this time. Therefore, the preliminary site layout, preliminary grading/drainage/erosion control plans, preliminary utility and street plans, preliminary landscape plan, and tree preservation plan will be omitted from the submittal per the City of Eagan. RECEIVED AUG 2 Q 20Q7 }XT STEEL FABRICATORS • STAIRWAYS • RAILINGS • PROTOTYPES • CUSTOM MANUFACTURING HELIARC • WIRE FEED • PORTABLE • PRODUCTION SAWING • REPAIRS AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER OCTOBER 16, 2007 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve Purchase Agreement for Acquisition of Bassil Dyab Property, Former Shell Station F. OTHER BUSINESS G. ADJOURN I~~ Agenda Information Memo Eagan Economic Development Authority Meeting October 16, 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 October 16, 2007 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the October 16, 2007 EDA meeting on pages /Cq ~ d~ MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota October 2, 2007 A meeting of the Eagan Economic Development Authority was held on Tuesday, October 2 2007 at the Eagan Municipal Center. Present were President Maguire, Commissioner Tilley, Commissioner Fields and Commissioner Bakken. Commissioner Carlson was absent. Also present were Executive Director Hedges, Community Development Director Hohenstein, City Planner Ridley, Director of Public Works Colbert, and City Attorney Dougherty. ADOPT AGENDA It was noted that item 1 under New Business was removed from the agenda during adoption of the regular City Council meeting agenda. Commissioner Tilley moved, Commissioner Bakken seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 APPROVE MINUTES Commissioner Bakken moved, Commissioner Tilley seconded a motion to approve the minutes of the September 4, 2007 meeting as presented. Aye: 4 Nay: 0 OLD BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT EXTENSION OF OCCUPANCY AGREEMENT - MINSK MARKET Community Development Director Hohenstein discussed the extension of the Occupancy Agreement with Minsk Market due to a delay in improvements to the relocation site. Commissioner Bakken moved, Commissioner Tilley seconded a motion to adopt a resolution to extend the occupancy agreement for Minsk Market, 3992 Sibley Memorial Highway to October 31, 2007. Aye: 4 Nay: 0 NEW BUSINESS There was no new business. OTHER BUSINESS There was no other business. ADJOURNMENT Commissioner Tilley moved, Commissioner Bakken seconded a motion to adjourn the meeting at 9:35 p.m. Date Thomas Hedges, Executive Director la7 Agenda Memo Eagan Economic Development Authority Meeting October 16, 2007 1. CEDAR GROVE REDEVELOPMENT DISTRICT - RESOLUTION TO APPROVE A PURCHASE AGREEMENT FOR BASSIL DYAB (FORMER SHELL STATION) PROPERTY ACTION TO BE CONSIDERED: To adopt a resolution to approve a Purchase Agreement and related documents for the Bassil Dyab (Former Shell Station) Property, 3830 Sibley Memorial Hwy. FACTS: • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans. • During the period since the City's formation of the Redevelopment District, the City has considered the voluntary acquisition of properties in which there is a willing seller. • City staff has been approached by Bassil Dyab, owner of the former Shell property located at 3830 Sibley Memorial Highway. The property owner presented an appraisal for the property, which the City's review appraisal could not support. The City subsequently undertook its own appraisal of the property and made an offer to the owner on that basis. Following negotiations, the owner proposed to sell the property to the City at a value adjusted in consideration of the City's appraisal. The owner will be obligated to remove the gas pumps, canopy and underground fuel tanks from the property prior to closing. • Staff and the owners have tentatively agreed to a sale of the property to the EDA for $800,000, pending EDA action. The purchase agreement and related documents are in order for consideration at this time. ATTACHMENTS: • Area map on page • Resolutions on pages • Purchase Agreement and related documents available upon request. lad ~ h SMerBelkRd Subject Site C ~ment.Area _e_dar_Groye Redeye op ` o { ' f. ~ y3Y ,f C . yl ,sQ Gnu v 1 ® rr *c3 K Im I2 e 0 325 650 1.300 Fed Cedar Grove Redevelopment Area 3830 Sibley Memorial Hwy Former Shell Station EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING PURCHASE AGREEMENT FOR BASSIL DYAB PROPERTY BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the purchase agreement for the Bassil Dyab property located at 3830 Sibley Memorial Highway, in the Cedar Grove TIF District for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 16th day of October, 2007. Jon Hohenstein, Secretary/Deputy Executive Director /30 CITY OF EAGAN RESOLUTION APPROVING PURCHASE AGREEMENT FOR BASSIL DYAB PROPERTY BE IT RESOLVED by the Eagan City Council to approve the purchase agreement for the Bassil Dyab property located at 3830 Sibley Memorial Highway, in the Cedar Grove TIF District for redevelopment purposes. 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 I6`'' day of October, 2007. Maria Petersen, City Clerk 13~ Agenda Information Memo Eagan Economic Development Authority Meeting October 16, 2007 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. ~ 3a ENGINEERING CONSULTANT SERVICES REQUEST FOR STATEMENT OF QUALIFICATIONS City of Ea non October 11, 2007 ENGINEERING CONSULTANT SERVICES REQUEST FOR STATEMENT OF QUALIFICATIONS TABLE OF CONTENTS 1. INTRODUCTION .................................................................................3 II. STATEMENT INSTRUCTIONS ........................................................3 III. STATEMENT OF QUALIFICATIONS CONTENT ........................4 IV. CATEGORIES ......................................................................................5 V. STATEMENT EVALUATION AND CONTRACT AWARDS .......7 VI. CONSULTANT SERVICES PERFORMANCE REVIEW ..............8 VII. CONTRACT EXECUTION .................................................................8 VIII. CITY INFORMATION ........................................................................10 2 I. INTRODUCTION This request for STATEMENTS OF QUALIFICATIONS (SOQ) has been prepared by the City of Eagan in order to retain the services of professional consulting firms to provide municipal engineering services for the City. The City desires to establish various categories of services to which professional consulting firms will be assigned. The City of Eagan intends to retain up to three firms for General Municipal Engineering Services and may choose to retain at least one firm for each of the Technical/Specialty Services described in Section IV. It should be noted that firms are eligible to be retained in as many of the areas as they are qualified for. The municipal engineering services desired include all the planning, engineering, and support activities necessary to implement various public improvements. The services may include but are not limited to: • Comprehensive system/facility plans and studies • Preliminary engineering feasibility reports • Applications for various funding programs • Environmental worksheets • Design, construction and legal boundary surveys • Detailed design and plan preparation • Technical specifications • Estimates and construction contract documents • Competitive bid solicitation and evaluation • Construction engineering, inspection and observation services • Contract management • The preparation of record plans and final contract close-out reports • Miscellaneous specialty/technical services identified herein Selection and future work assignments will take into consideration the workload, expertise and past performance of proposing consulting firms or any of its representatives. II. STATEMENT INSTRUCTIONS A. All responses, questions and correspondence should be directed to: Russ Matthys City Engineer City of Eagan 3830 Pilot Knob Road Eagan MN 55122-1897 (651) 675-5637 rmatthys@cityofeagan.com NOTE: All statements must be received at City Hall no later than 4:30 p.m., November 16, 2007. 3 III. STATEMENT OF QUALIFICATIONS CONTENT A. Cover Letter/Title Page Include an explanation of the SOQ, the name of the firm, local address, telephone and fax number, name of the contact person, and the date. B. Table of Contents Include a clear identification of the material by section and page number. C. Consultant Profile 1. Please include the areas of general services and/or technical expertise proposed to be provided directly by the firm. 2. Identify the basis of the firm's interest for each of the specialty categories for which the firm wishes to be considered. 3. Include qualifications of the firm as it relates to services to be provided. D. Resumes 1. Include the qualifications and resumes of the professional staff that will be routinely assigned to various City projects. 2. Include the name(s), experience, and qualifications of person(s) that will be routinely responsible for the management and administration of a contract with the City. 3. Identify the short and long-term availability of the aforementioned staff. E. References 1. Please include a list of municipal clients where related services were provided by staff identified in D., Resumes, #1, and the name and telephone number of a person who may be contacted at that municipality. 2. Include a list of current municipal clients identifying projects in progress, the specific activities being performed, and the name of a person who may be contacted at the municipality. 3. Include , a list of previous or current services provided to the City of Eagan and client representatives. 4. Include a list of private clients for whom work has been or is being performed within the City of Eagan, the type of project, the specific activities performed, and the name of a person who may be contacted at the client. F. Fees 1. Please include a fee schedule for 2008 including hourly rates, specialty rates, multipliers, percentages, etc., for the various classifications of personnel proposed to provide services under a contract with the City. Identify what services are excluded from these hourly rates (i.e., mileage, etc.). 2. Specifically state the firm's preferred method of calculating fees for different types of services provided. D. uanti Please submit 6 copies of the Statement of Qualifications (SOQ). 4 IV. CATEGORIES OF CONSULTANTS There are two (2) primary categories of consultant services anticipated. A. General Municipal Engineering B. Technical/Specialty Services A. General Municipal Engineering Summary of Services: Provide technical engineering expertise in the preparation and development of site specific and/or comprehensive system plans; prepare special studies, feasibility reports and detailed plans and specifications for specific improvement projects; provide the necessary professional and technical manpower to supervise and manage improvement contracts and provide technical assistance to the City's professional staff as required. 1. Planning • Prepare, review, update and revise comprehensive sanitary sewer, storm sewer, water main, water quality, transportation and park systems' plans for the City of Eagan. • Advise staff and Council of estimated costs, alternative financing methods and recommended schedules of needed capital improvements to implement provisions of the comprehensive plans. 2. Construction • Prepare preliminary engineering and feasibility reports for proposed public improvement projects. • Perform topographic surveying for design purposes. • Prepare detailed plans, specifications and technical drawings necessary for the construction of public improvements. • Advertise and evaluate bids. • Conduct public hearings and assist with necessary neighborhood meetings. • Determine and provide legal descriptions and assist in the acquisition of necessary easements. • Conduct pre-construction meetings and coordinate with other utility companies, contractors, governmental agencies, etc., to ensure the proper scheduling, permit applications and general supervision of public and private improvement contracts. • Perform construction staking and location surveying. • Perform inspection and construction observation services to ensure compliance with City and other applicable agency (County, State Aid, Federal, etc.) standards and approved plans and specifications. • Document the type and location of public improvement installations and prepare accurate record plans reflecting all changes or modification. 5 • Prepare contract Close-Out Reports and perform the testing and inspections necessary to recommend acceptance to staff and the City Council. • Provide overall contract/project management acting on behalf of and as an agent for the City. 3. Assessments • Assists the City staff in determining the proper and equitable assessment rates to properly finance public improvement projects. • Provide cost breakdown of all related project costs to allow City staff to prepare a detail assessment allocation. 4. Miscellaneous • Review, evaluate and submit suggested revisions to existing fee schedules and assessment policies, utility user rates, public improvement financing surcharges, and general financing of public improvement projects. • Provide technical assistance and representation for the Municipal State Aid street programs. • Assist in maintaining and updating City utility and street index maps. • Provide necessary information as requested by staff in preparation of annual reports, budgets, bond obligation finance statements, etc. • Perform other related duties as requested in writing by the City Council or authorized staff. B. Technical Specialty Consultant Service These services are for consultants who are specialized in technical or limited areas of expertise for occasional specific work programs or on-going limited services relating to their area of particular expertise (soil testing, erosion inspection, etc.). 1. Architectural • Park shelter buildings • Utility operation structures (well houses, reservoirs, etc.) • Municipal buildings (expansions, remodeling, etc.) • Landscape architecture 2. Communications • Radio • Telemetry • Alarms • SCADA 3. Electrical/Mechanical • Street lights • Energy management • Pump efficiency 6 4. Land Surveying • Subdivisions/plats • Certificates of Survey • Easement descriptions • Lot corner (re)placement 5. Natural Resources • Water quality studies • Non-Degradation & Total Maximum Daily Load (TMDL) review • Monitoring • Hydrologic/hydraulic analysis • Erosion control • Lake restoration • Wetland delineation and mitigation analysis 6. Soils and Materials • Construction density and material testing • Soil borings • Pavement structural analysis/testing 7. Structural • Reservoirs • Buildings • Retaining walls • Bridges 8. Traffic/Transportation • Traffic impact/mitigation analysis • Intersection Control Evaluation (ICE) • Site plan layout and analysis V. STATEMENT EVALUATION, FIRM SELECTION AND CONTRACT AWARDS A. Qualifications Based Selection (QBS): The City intends to select and award a contract to those firms evaluated to be best qualified to perform the work for the City with cost, compatibility and other performance factors also considered. B. Review and Recommendation Process: Based upon review of the SOQ's, the City staff Screening Committee will recommend to the Council/Staff Evaluation Committee more firms than are proposed to be retained. The Evaluation Committee's recommendation will be forwarded to the City Council for consideration and formal approval. C. Financial Liability Limitations: The City shall not be liable for any expenses incurred by the applicant including but not limited to expenses associated with the preparation of the statement, attendance at interviews, preparation of a cost statement or final contract negotiations. D. Rights of Review: The City of Eagan reserves the right to reject any and all SOQS or to request additional information from all applicants. 7 E. Qualification Evaluation: In evaluating whether a consultant is to be included in one of the categories, numerous factors shall be considered. Among those factors are the following: 1. An evaluation of the consultant's technical qualifications, work experience and available personnel. 2. Recommendations of past and existing clients. 3. Previous experience with the City of Eagan. 4. Actual or potential conflict with other clients doing business with the City. F. Selecting Criteria For Projects: For each project requiring consulting services, a municipal engineering consultant will be considered from the proper category of consultants approved by the City Council. The following criteria are used for considering a consultant: 1. The expertise and experience of both the firm and assigned personnel with projects or activities similar to the one under consideration. 2. The consultant's knowledge of particular equipment, methods, time frames and services required. 3. The consultant's ability to mobilize and make sufficient time, and appropriate personnel available to complete the project or activity within a specified time frame 4. The appropriateness and flexibility of the consultant's fee schedule in relationship to the industry, the City's desires and the scope of services to be provided. 5. The past performance of the consultant with regard to existing or previous projects or activities with the City. 6. The current workload of the consultant. VI. CONSULTANT SERVICES PERFORMANCE REVIEW The City intends to assist the successful firms in providing satisfactory services through periodic performance reviews. A copy of this Review Form is attached. VII. CONTRACT EXECUTION A. Negotiations and Contract Execution The City reserves the right to negotiate the final terms and conditions of the contract to be executed. Should the City and a consultant be unable to mutually agree upon the entire contract, the City reserves the right to discontinue negotiations, select another consultant or reject all of the 8 statements. Upon completion of negotiations agreeable to the City and consultant, a contract shall be executed. Contracts will be for a minimum of five (5) years assuming satisfactory service delivery and or continuity of acceptable assigned personnel. B. Contracting Ethics 1. No elected official or employee of the City who exercises any responsibilities in the review, approval or implementation of the proposal or contract shall participate in any decision, which affects his or her direct or indirect financial interest. 2. It is a breach of ethical standards for any person to offer, give, or agree to give any City employee or Council person, or for any City employee or Council person to solicit, demand, accept, or agree to accept from another person or firm, a gratuity or an offer of employment whenever a reasonable prudent person would conclude that such consideration was motivated by an individual, group or corporate desire to obtain special, preferential, or move favorable treatment than is normally accorded to the general public. 3. The firm shall not assign any interest in this contract and shall not transfer any interest in the same without the prior written consent of the city. 4. To remove any potential or actual conflict of interest, a Regular or Specialty consultant representing any private party client submitting a project or activity to the City shall not represent or review the project or activity on behalf of the City. 5. This firm shall not accept any private client or project which, by nature, places it in ethical conflict during its representation of the City of Eagan. 6. The City requires affirmative action and, therefore, the firm selected shall not discriminate under the contract against any person in accordance with federal, state and local regulations. C. Policy for Engaging Professional Consulting Services I. SOQ and RFP Procedures All consultants for various services will be selected in accordance with the attached City's Policy. 2. Affirmative Action The City of Eagan, Minnesota, has adopted a policy that it will not discriminate in employment practices on the basis of race, color, creed, religion, national origin, sex, age, marital status, public assistance 9 status, veteran status, handicap or disability; that it has agreed to take affirmative action to recruit minorities, women and handicapped persons into its employment; and that it will transact business only with firms who have adopted similar non-discriminatory and affirmative action policies. In cases where a contract with the City of Eagan will exceed $50,000 and the number of full-time employees exceeds twenty (20) in the company making a Proposal, in its Proposal the company must furnish the City of Eagan with documentation that shows the company has adopted a written affirmative action policy. Contracts, which exceed $50,000, will not be awarded to companies of more than twenty full-time employees, which fail to provide verification of an affirmative action policy. VIII. CITY INFORMATION A. City Organization The City of Eagan was incorporated in 1974 as a statutory Plan A City. It has a Council-Administrator form of government. The City provides a full array of municipal services and general administrative functions. 1. City Council The Eagan City Council is the final review and approval authority regarding all contracts, payments, plans, improvements, policies, procedures and other business of the City. The City Council, composed of four members and the Mayor, is the legislative and policy making body of the City. The Mayor, who presides over the City Council meetings, and all Councilmembers are elected at large for four-year terms. Set forth on the following table is certain information pertaining to the City Council. NAME TITLE TERM EXPIRES Mike Maguire Mayor 12-31-10 Paul Bakken Councilmember 12-31-10 Peggy Carlson Councilmember 12-31-10 Cyndee Fields Councilmember 12-31-08 Meg Tilley Councilmember 12-31-08 2. City Administrator The City Administrator reviews and coordinates all matters coming before the City Council. He is responsible for the implementation of Council direction and coordination and management of City departments on a daily basis. 10 3. City Staff The City Administrator implements Council directions through the Department Heads of six (6) City departments. For purposes of this proposal, the primary department shall be Public Works. However, other Department Heads shall act as the project manager and principal liaison to the consultants for projects/work orders initiated by the specific department. a. Public Works Department This Department consists of 51 employees within (3) divisions as shown by the organizational chart attached. B. City Statistics 1. Population The City of Eagan is a maturing suburban community of 34 square miles that has increased its population as shown by the following census figures: 1980 20,700 1985 30,456 1990 47,409 2000 63,500 2007 67,448 2. Infrastructure The City is responsible for maintaining approximately 676 miles of streets, 323 miles of water main, 273 miles of sanitary sewer (18 lift stations) and 203 miles of storm sewer (21 lift stations). There are more than 1,200 lakes, ponds, and/or wetlands interconnected through a complex storm drainage system. The City's two Gravity Water Filtration Plants (22 and 16 MGD) are supplied by 21 deep wells and support 6 separate reservoirs (18.5 MG) and two booster stations (5k gpm) and numerous pressure reducing stations. All utility operations facilities are interconnected with a System Control and Data Acquisition (SCADA) program. 3. Comprehensive Plans The City has accommodated its growth through periodic updates of the following master plans showing the date of latest revision: • Comprehensive Sewer Policy plan (2000) Amendment (2007) • Water Supply & Distribution Plan (2007) • Stormwater Management Plan (2006) • Water Quality & Wetland Management Plan (2007) • Storm Water Utility Policy (1990) • Comprehensive Transportation Study (2007) • Park Systems Plan (1996) 2020 plan 2006 • Comprehensive Land Use Guide (2000) 11 4. 5-Year Capital Improvement Program (CIP) The City Council has adopted a 5-Year ('08-'12) CIP with the following major components: • Streets (local, county & state reconstruct) $35,797,542 • Utilities (trunk facilities) $ 2,549,000 • Water Quality $ 2,130,000 G:Consulting Eng. Services/2007/SOQ Document 12 x~ a w d F E m xo t 3 `c w U m z z m z aa) W Q - - m 4. C~cr c F- c o Ezd Q~a z¢ w ~ W E O n wF W Q~ >E o ct co N w ~ N CL T R' C? 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