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01/20/2009 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING JANUARY 20, 2009 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE t' 1 11. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS A. Oath of Office for Councilmember Meg Tilley IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) >P? A. APPROVE MINUTES P. 9 B. PERSONNEL ITEMS e I D C. APPROVE Check Registers II D. APPROVE Public.Purpose Expenditure Policy ji E. APPROVE City of Eagan Section 115 OPEB Trust Agreement and OPEB Administrative Account Agreement with PERA 37 F. APPROVE Tree Maintenance Contractor License for St. Croix Tree Service, Inc. 3$ G. APPROVE Tobacco License for Heather Saman, Eagan Marathon, LLC, 2000 Cliff Road >P3q H. APPROVE Renewal of Heart Healthy Living Program Agreement for Eagan Community Center yL71. APPROVE the final payment for the Civic Arena Mezzanine p45J. APPROVE Food Catering Providers for Eagan Community. Center P4$ K. APPROVE Beverage Catering Provider for Eagan Community Center 17 5b L. APPROVE Advertisement for Bids for City Website Virtual Tour services p5 M. AWARD the 2009 Contract for July 4'h fireworks and authorize the Mayor and City Clerk to sign all appropriate documents IQ?rt N. APPROVE Change Order #11 for Contract 06-01, TH 149 - Street & Utility Improvements f7a O. APPROVE Joint Powers Agreement for Pavement Maintenance and Traffic Markings I.1; P. APPROVE Water Supply & Distribution Plan P,-78 Q. APPROVE 2030 Comprehensive Sewer Plan Amendment f-'19 R. APPROVE Transportation Plan f. cp S. APPROVE On-Sale Liquor and Sunday License for BI BO, Inc,, dba BI BO Wine Bar and Restaurant located at 1629 Lena Court 921 T. APPROVE 2009 renewal of 3.2 Off-Sale Malt Liquor (Beer) License for Oasis Market #594 located at 1286 Lone Oak Road U. APPROVE a Grant Amendment on behalf of the Dakota County Drug Task Force to receive funding from the Minnesota Office of Justice Programs V. PUBLIC HEARINGS f .&A. PROJECT 1000 Grace Drive Street Improvements P.10,13. PROJECT 1002 Pinecrest of Eagan Street Improvements P. 1 atC. PROJECT 980 Hampton Heights/ Stoney Pointel Blackhawk Glen Street Improvements VI. CITY ORGANIZATIONAL BUSINESS P,15( A. ACTING MAYOR B. OFFICIAL LEGAL NEWSPAPER C. CITY COUNCIL MEETING SCHEDULE D. COUNCIL MEETING PROCEDURES E. STANDING COMMITTEE APPOINTMENTS 1 REPRESENTATIVE APPOINTMENTS F. ELECTED OFFICIALS OUT-OF-STATE TRAVEL POLICY VII. OLD BUSINESS VIII. NEW BUSINESS ) 7a A. PLANNED DEVEOPMENT AMENDMENT -- CSM Eagan Retail - A Planned Development Amendment to -allow modifications to existing building, signage, and surrounding site located at 1270 Promenade Place on Lot 6, Block 2, Eagan Promenade in the SE % of Section 10. IX. LEGISLATIVE I INTERGOVERNMENTAL AFFAIRS UPDATE X. ECONOMIC DEVELOPMENT AUTHORITY (There are no items at this time) XI. ADMINISTRATIVE AGENDA XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. CLOSED SESSION XIV. ADJOURNMENT 1;0 City of Eayn demo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 16, 2009 SUBJECT: AGENDA INFORMATION FOR JANUARY 20, 2009 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the January 20, 2009 City Council agenda, the following items are in order for consideration. Agenda Memo January 20, 2009 City Council Meeting RECOGNITIONS AND PRESENTATIONS: A. Oath of Office for Councilmember Meg Tilley The Oath of Office will be administered to Councilmember Tilley who was re-elected for a four year term. a Agenda Information Memo January 20, 2009 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 January 6, 2009 regular City Council meeting and the minutes of the December 8, 2008 Special City Council meeting as presented or modified. ATTACHMENTS: Minutes of the January 6, 2009 regular City Council meeting are enclosed on pages through 13 AN MINUTES OF A REGULAR MEETING OF THE It EAGAN CITY COUNCIL Eagan, Minnesota January 6, 2009 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Counciimembers Fields, Bakken and Hansen. Councilmember Tilley was absent. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, January 6, 2009 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Bakken and Hansen. Councilmember Tilley was absent. Also present were City Administrator Tom Hedges, Community Development Director John Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS The Oath of Office was administered to Councilmember Cyndee Fields who was re-elected for a four year term. CONSENT AGENDA City Administrator Hedges noted that item J would be removed from the Consent Agenda. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as amended. Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the December 16, 2008 regular City Council meeting and the December 9, 20081 City Council Retreat as presented. B. Personnel Items - There were no items. C. It was recommended to ratify the check registers dated December 11, December 18, and December 23, 2008 as presented. D. It was recommended to approve the renewal of 3.2 Off-Sale Malt Liquor (Beer) License for Oasis Market #518 for 2009. E. It was recommended to approve the renewal of Tobacco Licenses for Cub Foods, 1020 Diffley Road; Oasis Market #5685, 2000 Rahncliff Court; Oasis Market #518, 3390 Coachman Road; Oasis Market #594, 1286 Lone Oak Road. F. It was recommended to approve a one-year extension of the Conditional Use Permit and Variance approvals for Spectrum Business Park, located west of I-35E on Taconite Trail in the SE '/ of Section 20 and SW % of Section 21. G. It was recommended to accept four used laptop computers from Target Corporation through the MN Chief of Police Association with a value of approximately $1,200. H. It was recommended to declare the City's intent, through a participation / reimbursement agreement with the Dakota Communications Center (DCC), to equip emergency vehicles with Automatic Vehicle Location (AVL) technology. I, It was recommended to authorize application of a grant from the National Recreation and Parks Association (NRPA) for an ACHIEVE Grant. J. Item removed. K. It was recommended to adopt Findings of Fact, Conclusion and Resolution to Revoke Massage Therapist Licenses for both Li Li and Shufang Wang. R A City Council Minutes January 6, 2009 Page 2 L., It was recommended to approve the renewal of a Tree Maintenance Contractor License for Ciardelli Tree and Landscaping. M. It was recommended to approve the renewal of a Trash Hauler License for Waste Technology Inc. PUBLIC HEARINGS AMENDMENT TO 2009 FEE SCHEDULE City Administrator Hedges discussed this item regarding an amendment to the 2009 Fee Schedule in regard to Community Development - Planning Department fees. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing and adopt a Resolution Approving an Amendment to the 2009 Fee Schedule Establishing Fees for Various Community Development - Planning Department Fees. Aye: 4 Nay: 0 PROJECT 982, ST. FRANCIS WOODS 6TH ADDITION STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for St. Francis Woods 6'h Addition. Public Works Director Colbert discussed the City's comprehensive Pavement Management Program. Assistant City Engineer Gorder gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the Public Hearing and approve Project 982, St, Francis Woods 6h Addition (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 PROJECT 1006, KNOLL RIDGE DRIVE STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Knoll Ridge Drive. Assistant City Engineer Gorder gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve Project 1006, Knoll Ridge Drive (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 PROJECT 979, LEMAY LAKE HILLS I LUNKA ADDITIONS STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding the LeMay Lake Hills I Lunka Additions street improvements. Assistant City Engineer Gorder gave a staff report. Councilmembers held a discussion regarding the portion of Towerview Road east of Quarry Lane that was deleted by Council action at the request of the property owners serviced by the short dead-end extension. City Council Minutes January 6, 2009 Page 3 Mayor Maguire opened the public hearing. T Two property owners on Towerview Road expressed their opposition to the street improvement on the portion of Towerview that is east of Quarry Lane. Concern was expressed regarding the amount of the potential assessment. There being no further public comment, Mayor Maguire turned discussion back to the Council. After further discussion, it was the consensus of the Council to delete the portion of Towerview Road east of Quarry Lane from the improvement project Councilmember Bakken moved, Councilmember Fields seconded a motion to approve Project 979, LeMay Lake Hills / Lunka Additions (Street Improvements) without the alternate and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to direct staff to designate east of Towerview as a minimum maintenance road to follow the precedent set with Wuthering Heights. Aye: 4 Nay: 0 PROJECT 978, EAGANDALE ! LEMAY LAKE ADDITIONS STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Eagandale 1 LeMay Lake Additions. Assistant City Engineer Gorder gave a staff report. Mayor Maguire opened the public hearing. The General Manager of Joe Senser's Restaurant asked about the traffic flow to their business during the improvement project. Assistant City Engineer Gorder discussed the process to keep access to businesses open during construction projects. There being no further public comment, Mayor Maguire turned discussion back to the Council Councilmember Fields moved, Councilmember Hansen seconded a motion to approve Project 978, Eagandale ! LeMay Lake Additions (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 OLD BUSINESS PLANNED DEVELOPMENT AMENDMENT - HOLIDAY STATIONSTORES, INC. City Administrator Hedges introduced this item regarding a Planned Development Amendment to add a dynamic message panel to the existing free-standing sign at 2066 Eagan Woods Drive. He noted that this item was continued from the December 16 City Council meeting. City Planner Ridley gave a staff report, reviewing the revised sign plan options submitted by the applicant. Dave Edquist, representing Holiday Stationstores, discussed the revised sign plan requesting that Council approve Option 1 as presented. Councilmembers held a discussion and it was the consensus that Option 2 would be most appropriate plan for the sign. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to add a dynamic message panel (Option 2) to the existing free-standing sign City Council Minutes January 6, 2009 Page 4 at 2066 Eagan Woods Drive, legally described as Lot 1, Block 1, Manley Commons 1st Addition in the NE /4 1of Section 4, 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 within 60 days of City Council approval, and proof of recording shall be provided to the City. 2. A sign permit must be obtained prior to installing the dynamic message panel. The dynamic message panel shall not exceed 3'8" in height by 8'10" in width. 3. All other City Code requirements shall be met. Staff was directed to review the current dynamic sigh ordinance with respect to electronic gas price signage. NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT, ON-SALE LIQUOR AND SUNDAY LICENSE KYOTO SUSHI, INC., DBA KYOTO SUSHI City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow on-sale liquor in conjunction with a Class I restaurant at 1250 Town Centre Drive. City Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow on-sale liquor in conjunction with a Class I restaurant at 1250 Town Centre Drive, legally described as Lot 4, Block 1, Town Centre 100 Sixth Addition, subject to the following conditions: Aye: 4 Nay: 0 1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within 60 days of City Council approval. 2. On-sale liquor sales shall comply and be operated in accordance with all relevant state laws and regulations. 3. Signage shall be subject to the City Sign Code requirements. 4. This agreement is intended to replace the December 2, 2002 Planned Development Amendment which allowed a dog day care and overnight boarding of pets (Document #1994648). Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the On-Sale Liquor and Sunday License for Kyoto Sushi, Inc., dba Kyoto Sushi located at 1250 Town Centre Drive Aye: 4 Nay: 0 PRELIMINARY APPLICATION FOR CONSIDERATION OF HOUSING IMPROVEMENT DISTRICT FOR MEADOWLARK RIDGE HOMEOWNERS ASSOCIATION City Administrator Hedges introduced this item regarding an application from Meadowlark Ridge Homeowners Association for consideration of a Housing Improvement District for their property. Community Development Director Hohenstein gave a staff report. Councilmember Hansen moved, Councilmember Fields seconded a motion to receive an application from the Meadowlark Ridge Homeowners Association and direct City Staff to request a formal application for Housing Improvement District Consideration for their property. Aye: 4 Nay: 0 7 City Council Minutes January 6, 2009 DRA-F?r Page 5 LEGISLATIVE I INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges provided an update on the State LGA and market value homestead credit un- allotment. He also provided an update on a meeting with the Metropolitan Airports Commission in regard to the Northwest Airlines and Delta merger. The Council recessed at 8:26 p.m. to immediately convene a meeting of the Economic Development Authority. The Council meeting reconvened at 8:31 p.m. ADMINISTRATIVE AGENDA City Administrator Hedges discussed the draft Legislative Priorities and Positions document. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8: 35 p.m. Date Administrative Secretary I Deputy Clerk Agenda Information Memo January 20, 2009 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. E-TV Personnel ACTION TO BE CONSIDERED: To approve the hiring of Julian Reytel, Brenda Lynch, James Cecil, Ron Braun and Ed Nelson as E- TV cablecasters. Agenda Information Memo January 20, 2009 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated December 30, 2008 and January 8, 2009 as presented. ATTACHMENTS: • Check registers dated December 30, 2008 and January 8, 2009 are enclosed without page number. Agenda Information Memo January 20, 2009 Eagan City Council Meeting D. APPROVE PUBLIC PURPOSE EXPENDITURE POLICY ACTION TO BE CONSIDERED: To approve a Public Purpose Expenditure Policy. FACTS: In order for an expenditure of public funds to be lawful, it must meet both of the following standards: ? There must be a public purpose for the expenditure. o There must be specific or implied authority for the expenditure in statute or in a city's charter. It has generally been concluded that public purpose means an activity that meets all of the following standards: o The activity will benefit the community as a body. o The activity is directly related to functions of government. o The activity does not have as its primary objective the benefit of a private interest. The expenditures permitted by this Public Purpose Expenditure Policy are intended to serve the public purpose of recruitment and retention of the City's largest asset, its personnel. These practices are meant to ensure high employee productivity and morale and reduce expenses resulting from low productivity and high turnover (e.g., recruitment, training, inexperience, and lack of knowledge). • The court has accorded great deference to a local governing body's determination that an expenditure is for a public purpose and therefore, the question of what constitutes a public purpose is largely a matter of city council discretion. • The policy has been developed by the Senior Management Team to provide guidelines regarding expenditures that are authorized as being made for a public purpose, even though a limited personal employee benefit may be derived. ATTACHMENTS: • Enclosed on pages I through I is a copy of the Public Purpose Expenditure Policy. City of Eagan Public Purpose Expenditures Policy Approved by Eagan City Council: Goals and Objectives This policy is intended to provide guidelines regarding expenditures that are authorized as being made for a public purpose, even though a limited personal employee benefit may be derived. Further, the expenditures must be authorized in accordance with the City's annual budgeting process. Examples contained in the policy are not meant to be all-inclusive. These permitted expenditures are intended to serve the public purpose of recruitment and retention of the City's largest asset, its personnel. These practices are meant to ensure high employee productivity and morale and reduce expenses resulting from low productivity and high turnover (e.g., recruitment, training, inexperience, and lack of knowledge). Compliance should also be assured relating to requirements outlined in the City's Personnel Policy and all other City policies (currently in place or adopted in the future) related to expenditures, personal use of City assets, travel, purchasing, use of credit cards, etc., and Minnesota State Statutes. This policy does not replace nor is it contradictory to the State's Gift Policy statutes. The Policy is applicable to all benefited full and part time employees, elected officials and commission members. Seasonal employees are covered for events taking place during times in which they are employed by the City. Volunteer firefighters are covered by Fire Department Policies and Procedures and are excluded from this policy unless otherwise specifically noted. Under no circumstances will expenditures be authorized as for a public purpose if made for the benefit of spouses or friends of employees unless those individuals are serving in an otherwise authorized capacity. Note: Elected and appointed City officials and employees are strongly encouraged to obtain separate receipts for authorized and non-authorized City expenditures for reimbursement and auditing purposes. Permitted Expenditures for Meals and Refreshments Use of City funds in reasonable amounts for meals and/or refreshments and necessary supplies for elected and appointed City officials and employees are permitted in the following circumstances: ¦ City-sponsored events of a community-wide interest where staff are invited, required, or directed to be present (e.g., State of the City, City- wide celebrations. • City Council meetings held during or adjacent to a meal hour. ¦ Special Commission meetings held during or adjacent to a meal hour. • Professional association meetings. ¦ Meetings related to City business in which the attendees are predominantly non-City representatives (e.g., City/school district meetings, Chamber of Commerce meetings, Police Chaplain meetings, Multi-Family Housing meetings, Tech Working Group meetings). ¦ Individual or small group employee meetings with employees or public officials from other governmental agencies, etc. to conduct City business where business can most effectively be conducted through a coffee/breakfast/lunch meeting. • Individual or small group employee meetings with vendor representatives or consultants to conduct City business where business can most effectively be conducted through a coffee/breakfast/lunch meeting (City employeelofficial cost only). • Conferences and training, for which no lunch is provided, held outside of the City of Eagan and overlapping the noon lunch hour. (Travel Policy maximum for lunch.) • Conferences and training when meals are included as part of the registration or program fee. • Annual employee events to which all employees are invited (e.g., recognition luncheon, safety breakfasts). • Annual recognition events for non-benefited employees (e.g., annual Fire Department appreciation banquet). • City-sponsored training or work-related meetings where employees are required to participate or be available during break periods and/or lunch and a majority of the participants are not City of Eagan employees. • Work activities requiring continuous service when it is not possible to break for meals (e.g., election days, water main breaks, high profile criminal investigations, on-going emergency response activities). All non- emergency events require advance authorization by the responsible Department Director. ¦ Events recognizing participants in a City-sponsored wellness program. • Retirement and resignation recognitions (light refreshments only) per established criteria. ¦ New employee (not an existing employee being promoted or assuming a new position within the City) orientation lunches (new employee(s), one 2 15 supervisor, manager, or director from the employee's or employees' home department(s) and the Human Resources Manager-scheduled through HR only) (Travel Policy maximum for lunch). Staff meetings with elected officials and/or commission chairs. Fundraisers for non-City events where employees by virtue of their positions are expected to attend (e.g., Rotary Gala Art Auction). Requires Director approval and the City will reimburse only the cost of the meal in the amount listed for that type meal in the City's Travel Policy. Employee recognition events held by professional or civic associations, in which employees by virtue of their positions are members or participants. Prohibited Expenditures for Meals and Refreshments Use of City funds for meals and/or refreshments for elected and appointed city officials and employees are prohibited in the following circumstances: . Purchase of alcoholic beverages, including costs for City-sponsored events and as part of an otherwise authorized meal expense. • Employee-sponsored fundraising events (e.g., United Way charitable giving campaign). ¦ City sponsored individual employee promotion or recognition events. • Training or conferences held within the City of Eagan where meals are not included as part of the registration fee. • Employee functions or celebrations that are solely social in nature (e.g., birthdays, holiday luncheon, Halloween event, ice cream social). Fundraisers for non-City events where attendance is not expected by virtue of the employee's position, unless authorized in advance by the City Administrator. If authorized, the City will reimburse only the cost of the meal in the amount listed for that type meal in the City's Travel Policy. ¦ Meetings among staff members and/or staff training sessions not in accordance with the previous section, Permitted Expenditures for Meals and Refreshments. Permitted Expenditures for Recognition Awards Use of City funds in reasonable amounts for recognition awards are permitted in the following circumstances when criteria for receipt are established and presentation is nondiscriminatory. For elected and appointed officials: . End of service to the city For employees: • Years of service Retirement ¦ Every Step of the Way Awards 4 Other Permitted Expenditures Use of City funds in reasonable amounts are permitted in the following circumstances: ¦ Prizes of moderate value ($20 or less) awarded at City sponsored employee recognition events. • Awards of limited value ($5 or less) presented to all attendees at employee recognition events. • Awards of limited value ($10 or less) and other costs for participants in a City-sponsored wellness program. • Meals, refreshments,. or items of limited value (Travel Policy maximum for appropriate meal) for people who volunteer for the City (e.g., non-City of Eagan interview panel members). • Membership dues in professional organizations where membership is for public benefit and not for personal interest or gain. • Employees may receive T-shirts and other sundry items of nominal value ($10 or less) when these items are made available to the general public or if these items are determined by the City Administrator to be important to the successful involvement of employees in special City-sponsored or City-supported events. Employees may be supplied with uniforms, clothing, boots and other gear necessary for the performance of their job per other City policies. • Supplies (e.g., paper plates, plastic utensils, napkins) to be used for employee and/or guest functions. • Space and utilities value for vending machines for which profits are used to support employee activities (e.g., holiday party). Other Prohibited Expenditures Use of City funds are prohibited in the following circumstances: • Participation in recreational or social activities unless included as part of an overall conference registration fee. Enforcement Department Directors and all other supervisors are responsible for implementation of the policy. Employee reimbursement will be required for any purchases not in compliance with this policy. 4 l?? Agenda Information Memo January 20, 2009 Eagan City Council Meeting E. APPROVE CITY OF EAGAN 115 OPEB TRUST AGREEMENT AND OPEB ADMINISTRATIVE ACCOUNT AGREEMENT WITH PERA ACTION TO BE CONSIDERED: To approve the City of Eagan Section 115 OPEB Trust Agreement and the OPEB Administrative Account Agreement with PERA. FACTS: ¦ At the Special City Council meeting on December 8, 2008, the City Council reviewed background information, public policy considerations, and staff funding recommendations regarding the City's obligations and options for funding post employment benefits. • At the Regular City Council meeting on December 16, 2008, the City Council approved-the implementation steps and funding sources to meet OPEB obligations. • Included with the approved implementation steps are the setting up of a trust and engaging PERA to be the administrator. • The City Attorney's Office has reviewed both agreements and approved them as to form. ATTACHMENTS: • Enclosed on pages 1-1 through __ is a copy of the City of Eagan Section 115 OPEB Trust Agreement. __ through is a copy of the OPEB • Enclosed on pages. t4 Administrative Account Agreement with PERA. 0( CITY OF EAGAN SECTION 115 OPEB TRUST AGREEMENT cp Hitesman & Associates, P.A. 2008 Section 115 Trust Agreement 17 TABLE OF CONTENTS ARTICLE I. INTRODUCTION ................................................................................................................1 ARTICLE II. DEFINITIONS.... ........................ ........ I ......... .............................................................. 2 ARTICLE III. THE TRUST .....................................................................................................................3 ARTICLE IV. DUTIES AND POWERS WITH RESPECT TO THE TRUST... ............... ............................... 4 ARTICLE V. INVESTMENT ADVISOR .....................................................................................................9 ARTICLE VI. CHANGES IN TRUSTEE ...................................................................................................11 ARTICLE VII. TRUST AMENDMENT AND TERMINATION ......................................................................12 ARTICLE VIII. GENERAL PROVISIONS ................................................................................................14 ©Hitesman & Associates, P.A. 2008 Section 115 Trust Agreement il? THIS TRUST AGREEMENT, made effective this day of , 20 by and between City of Eagan (the "Employer") and the trustee(s) identified below ("Trustee"). WITNESSETH: WHEREAS, the Employer has established one or more group health plans, which provide health benefits to certain employees and former employees of the Employer and their beneficiaries; and WHEREAS, to implement and carry out certain provisions of the plan[s], and to set aside funds to satisfy its liability for post-employment benefits under the plan(s), the Employer desires to establish a trust; and WHEREAS, the Employer has authority to establish a trust for the purpose of setting aside funds to satisfy its liability for post-employment benefits under Minnesota Statutes Section 471.6175. NOW, THEREFORE, the parties hereto, each in consideration of the covenants, agreements, and declarations of the other, mutually covenant, agree, and declare as follows: ARTICLE I. INTRODUCTION 1.1 Establishment. The Employer hereby establishes with the Trustee a trust, which shall be known as the City of Eagan Section 115 OPEB Trust (the "Trust"), effective as of the date set forth above. 1.2 Purpose. The Employer provides for the security and welfare of its eligible employees (and certain others covered through those eligible employees) by the establishment and maintenance of the Plan(s). The purposes of the Trust are (1) to provide a source of funds to pay benefits and administrative expenses under the Plan(s), and (2) to permit Trust assets to be invested and such earnings thereon to be not taxable under the Code. It is an essential function and integral part of the exempt activities of the Employer to make contributions to and accumulate assets in the Trust for those purposes. The Trust is intended to qualify as a tax exempt trust under Section 115 of the Code. The Trust is also intended to qualify as a "trust or equivalent arrangement" as those terms are defined in Statement No. 45 of the Governmental Accounting Standards Board. The Employer intends to fund through the Trust all or a portion of its liability under the Plan(s) to pay post-employment benefits, as determined under Statement No. 45 of the Governmental Accounting Standards Board. pHitesman &Associates, P.A. 2008 Section 115 Trust Agreement 19 ARTICLE II. DEFINITIONS The following words and phrases are used in this Trust Agreement and shall have the meanings set forth in this Article unless a different meaning is clearly required by the context or is defined within an Article. 2.1. Employer means City of Eagan, a political subdivision of the State of Minnesota. 2.2 Code means the Internal Revenue Code of 1986, as amended from time to time. 2.3 Investment Account means an account which may be established pursuant to Section 4.1(d) for the purpose of holding certain Trust assets, the investment of which will be directed by an Investment Advisor. 2.4 Investment Advisor means an individual or entity that may be appointed by the Employer pursuant to Section 5.1 to direct the investment of all or a portion of the Trust assets. 2.5 Participant means "participant" under the Plan(s). 2.6 Plan(s) means the following group health plan(s), as may be amended from time to time, sponsored by the Employer: City of Eagan Medical and Dental Plans. 2.7 Trust means this Trust, created for the purpose of accepting and holding certain contributions under the Plan(s). The name of the Trust is City of Eagan Section 115 ?PEB Trust. 2.8 Trust Agreement means this document. 2.9 Trustee means the individual employed by the Employer in the position of Director of Administrative Services. ©Hitesman & Associates, P.A. 2008 2 Section 115 Trust Agreement .ab ARTICLE III, THE TRUST 3.1 Trust. Assets of the Plan(s) shall be held in the Trust by the Trustee as provided in the Plans) or determined by the Employer. 3.2 Title of the Trust Funds. The Trustee shall hold title to the assets of the Trust. 3.3 Return of Contributions. Notwithstanding any other provision of the Trust, contributions made by the Employer based upon mistake of fact may be returned to the Employer within one year of such contribution; provided that the return of contributions under this Section 3.4 may not violate any provision of the Plan(s). The Trustee shall return contributions under this Section 3.3 only in accordance with instructions from the Employer and the Trustee shall have no duty to determine whether the return of such contributions is permitted under this Section 3.3 and the Plan(s). 3.4 Delivery of Plan(s) to Trustee. Upon request by the Trustee, the Employer shall deliver to the Trustee copies of the Plan(s) document or documents and each amendment thereto; provided, however, that the obligations, duties, and responsibilities of the Trustee with respect to the Plan(s) and Trust shall be governed solely by this Trust Agreement, as amended from time to time as provided in Section 7.1. ©Hitesman & Associates, P.A. 2005 Section 115 Trust Agreement "`1 ARTICLE IV. DUTIES AND POWERS WITH RESPECT TO THE TRUST 4.1 General Responsibility. The general responsibilities of the Trustee shall be as follows: (a) The Trustee shall hold, administer, invest and reinvest, and disburse the Trust assets in accordance with the powers, and subject to the restrictions, stated herein. The Trustee shall not be responsible for the custody, investment, safekeeping or disposition of any assets comprising the Trust, to the extent such functions are performed by the Employer. (b) Nothing in this Trust Agreement is intended to give the Trustee any discretionary responsibility, authority or control with respect to the determination or collection of contributions to the Trust, management or administration of the Plan(s), or the management of the assets of the Plan(s) not held in this Trust, nor shall the Trustee be responsible in any way for the manner in which the Employer carries out its responsibilities under the Trust or, more generally, under the Plan(s). Further, the Trustee is not a party to the Plan(s) and has no duties ar responsibilities other than those that may be expressly contained in the Trust and applicable law. In any case in which a provision of the Trust conflicts with any provision in the Plan(s), the terms of the Trust shall control. (c) The Trustee shall disburse monies and other properties from the Trust for the purpose of paying benefits and/or administrative expenses to such person or entity and at the time or times as specified by the Employer (or its designee) in directions to the Trustee. Such directions shall be in writing and shall be signed by the person or persons thereto authorized by the Employer. Except as otherwise provided under applicable law, the Trustee shall be under no liability for any distribution made by it pursuant to such directions and shall be under no duty to make inquiry as to whether any distribution made by it pursuant to any such direction is made pursuant to the provisions of the Plan(s). The receipt of the payee shall constitute a full acquittance to the Trustee. (d) Upon direction from the Employer, the Trustee shall divide and redivide the Trust assets into one, two, or more Investment Accounts. Upon each division or redivision, the Employer may specify the part of the Trust assets to be allocated to such Investment Account and the terms and conditions (if any) under which the assets of the Investment Account shall be invested. 4.2 Exercise of Trustee's Duties. The Trustee shall discharge its duties hereunder solely in the best interest of the Participants and other persons entitled to benefits under the Plan(s), and for the exclusive purpose of: (a) providing benefits to Participants and other persons entitled to benefits under the Plan(s), and (b) defraying reasonable expenses of administering the Trust and the Plan(s); and with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a fiduciary capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. 4.3 General Powers. With respect to the Trust-assets and subject only to the limitations expressly provided in this Trust Agreement: ©Hitesman & Associates, P.A. 2008 4 Section 115 Trust Agreement (a) The Trustee shall have no duty to require any contributions to be paid to the Trust, or to determine that the contributions received by the Trust comply with the Plan(s) or with any resolution of the governing body of the Employer; and the Trustee shall have no responsibility with respect to the operation or administration of the Plan(s); (b) The Employer shall have the power to take the following actions and hereby directs the Trustee to take the following actions, unless otherwise indicated in writing to the Trustee: (1) To manage, operate, sell, contract to sell, convey, exchange, partition, transfer, abandon, improve, repair, insure and otherwise deal with all assets of the Trust in such manner, for such considerations, and on such terms and conditions as the Trustee shall decide; (2) To retain in cash (pending investment, reinvestment or payment of benefits) any reasonable portion of the Trust assets and to deposit cash in any depository selected by it, including those affiliated with the Trustee, notwithstanding the Trustee's or other entity's receipt of "float" from such uninvested cash; (3) To compromise, contest, arbitrate, settle or abandon claims and demands (exclusive of claims and demands arising under the Trust); (4) To begin, maintain or defend any litigation necessary in connection with the investment, reinvestment or administration of the Trust provided, however, that the Trustee shall not be obligated to do so unless it has been indemnified by the Employer and the Plan(s) against all expenses and liabilities sustained in connection with such action, to the extent such indemnification is required by Section 4.9; (5) To have and exercise the rights of an individual owner, including the power to give proxies, to vote stocks, to join in or oppose (alone or jointly with others) voting trusts, mergers, consolidations, foreclosures, reorganizations, recapitalizations or liquidations, and to exercise or sell stock subscription or conversion rights; (6) To make, execute and deliver any and all documents, agreements or other instruments in writing as is necessary or desirable for the accomplishment of any of the powers and duties in this Trust Agreement; (7) To hold securities or other property, including, but not limited to, variable group funding agreements or annuity contracts, in the name of the Trustee or its nominee, or nominees, or in such other form as it determines best, with or - without disclosing the trust relationship, provided the records of the Trustee shall indicate the actual ownership of such securities or other property; (8) To appoint domestic agents, sub-trustees, sub-custodians or depositories (including affiliates of the Trustee) as to part or all of the Trust, except that the indicia of ownership of any asset of the Trust shall not be held outside the jurisdiction of the District Courts of the United States; (9) To retain any funds or property subject to any dispute and to decline to make payment or delivery thereof, including payment of any interest on such funds, until final adjudication is made by a court of competent jurisdiction; @Hitesman & Associates, P.A. 2008 Section 115 Trust Agreement (10) To pay any tax, charge or assessment attributable to any benefit which, in the Employer's opinion, it shall or may be required to pay out of such benefit; and to require before making any payment such release or other document from any taxing authority and such indemnity from the intended payee as the Employer shall deem necessary for its protection; (11) To collect income payable to and dividends or other distributions due to the Trust and sign on behalf of the Plan(s) any declarations, affidavits, and certificates of ownership required to collect income and principal payments, and if requested by the Employer, sign required governmental filings; (12) To employ agents, attorneys, investment counsel, accountants or other persons (who also may be employed by or represent the Employer, the Employer, and/or the Trustee) for such purposes as the Employer considers desirable and appropriate; (13) To employ a trust administrator, as required under Section 471.6175 of the Minnesota Statutes, for the purpose of providing certain administrative services with respect to the Trust as specified in such statute; (14) To furnish the Employer with such information in the Trustee's possession as it may need for tax or other purposes; and (15) To perform any and all other acts in the judgment of the Employer necessary or appropriate for the proper and advantageous management, investment and distribution of the Trust assets. 4.4 Investments. Except as otherwise provided herein or Article V, the Trustee shall have sole responsibility for the investment and reinvestment of the assets of the Trust. The Trustee shall diversify the investments of the Trust so as to minimize the risk of large losses, unless under the circumstances they are clearly prudent not to do so. No investment shall be made which would involve a prohibited transaction under the applicable law, The Trustee shall comply with the applicable laws of the State of Minnesota proscribing or limiting the investment of trust funds by corporate or individual trustees in or to certain kinds, types, or classes of investments or limiting the value or proportion of the trust assets that may be invested in any one property or kind, type, or class of investment and shall comply with applicable laws proscribing or limiting the investment of public funds. Investments and reinvestments shall be subject to the above standard, and without limiting the generality of the foregoing, shall also be subject to the following: QHitesman & Associates, P.A. 2008 Section 115 Trust Agreement N dl- L (a) The Trustee may, if allowed by applicable state law, invest and reinvest principal and income of the Trust in savings accounts or savings certificates, short term investments (including commingled short term investment funds) in common, preferred, and other stocks of any corporation; voting trust certificates; interests in investment trusts, including, without limiting the generality thereof, participations issued by an investment company as defined in the Investment Company Act of 1940, as from time to time amended; bonds, notes, and debentures, secured or unsecured; mortgages on real or personal property; conditional sales contracts; provided that no investment shall be made in the stocks, bonds, notes or other obligations of the Employer or any of its subsidiaries unless there shall first have been obtained an opinion of counsel for the Employer, or a ruling from the Internal Revenue Service that such investment will not jeopardize the tax exempt status of the Trust. (b) The Trustee may, if allowed by applicable state law, invest and reinvest principal and income of the Trust through any common or collective trust fund or pooled investment fund maintained by the Trustee for the collective investment of funds held by it in a fiduciary capacity. The provisions of the document governing any such common or collective trust fund as it may be amended from time to time shall govern any investment therein and are hereby made a part of this Trust. (c) The Employer may establish and carry out a funding policy consistent with the purposes of the Plan and the requirements of applicable law. Any such funding policy may be changed by the Employer as appropriate. Any such funding policy shall require the assets of the Trust to be invested in such a manner that provides sufficient cash assets, in an amount determined by the Employer under the funding policy then in effect, to be necessary to meet the liquidity requirements for the administration of the Plan. The investment and reinvestment of the principal and income of the Trust shall be subject to the funding policy and any changes to the funding policy that the Employer may, under the Plan, adopt. The Employer will, from time to time and upon request, provide each investment fiduciary hereunder with (i) a copy of the written record of the actions the Employer has taken with respect to the funding policy and method for the Plan, including reasons for such actions; and (ii) to the extent not set forth in such written record, written notice of the Plan's cash flow history, liquidity needs, short-term financial needs, long-term financial needs, expected levels of contributions, expected levels of withdrawal, and other significant information concerning the Employer which could affect the Plan's cash flow or an investment fiduciary's exercise of investment discretion (including but not limited to the Employer's ability to provide future funding). (d) If allowed under applicable state law, the Employer may, subject to the foregoing limits and restrictions on the Trustee's authority to invest and reinvest the assets of the Trust, provide investment direction to the Trustee. All investment directions given by the Employer to the Trustee shall be in writing and be signed by a person designated to provide such directions. If the Employer directs the investment of the Trust, the Trustee shall have no duty or responsibility for (a) selecting or providing advice with respect to the selection of any investment options offered under the Plan,. (b) determining or reviewing any securities or other property purchased for or held by the Trust, or (c) providing advice with respect to the purchase, retention, redemption, or sale of any securities or other property for the Plan. QHitestnan & Associates, P.A. 2008 7 Section 115, Trust Agreement a 4.5 Compensation and Expenses. Unless the Trustee is an employee of the Employer (in which case the Trustee is not entitled to additional compensation for its service as Trustee), the Trustee shall be entitled to reasonable fees for their services hereunder as set forth in a separate agreement between the Trustee and the Employer. Any expenses incurred by the Trustee in connection with the Trust held hereunder (including expenses and fees of persons employed by them pursuant to Section 4.3(b)(12) or otherwise hereunder) shall be charged to and paid from the Trust, unless otherwise paid by the Employer. 4.6 Records and Accounts. The Trustee shall maintain accurate and detailed records and accounts of all investments, receipts, disbursements and other transactions hereunder. Such records shall be available at all reasonable times for inspection by any person designated by the Employer. The Trustee shall, at the direction of the Employer, submit such statements, reports or other information as the Employer may reasonably require. The Trustee shall maintain such records and produce such reports only at the trust account level. Any further allocation of assets and transactions in the Trust shall be maintained by the Employer or its designee. 4.7 Reports. As soon as practicable following the close of each fiscal year of the Trust, but no later than as necessary to facilitate compliance by the Employer with any applicable law, and following the effective date of the removal or resignation of the Trustee, the Trustee shall file with the Employer a written report (unless the report is waived by the Employer) setting forth assets titled to the Trust, 4.8 Approval of Reports. Upon the receipt by the Trustee of the Employer's written approval of any such written account or report, or upon the lapse of ninety (90) days after the Employer's receipt of each written account or report, said written account or report shall be deemed to be approved by it except as to matters, if any, covered by written objections theretofore delivered to the Trustee by the Employer regarding which the Trustee has not given an explanation or made adjustments satisfactory to it. The Trustee, to the extent permitted by law, shall be released and discharged as to all items, matters, and things set forth in such written account or report other than the matters covered in such written objections as provided herein. The Trustee, nevertheless, shall have the right to have its accounts approved by judicial proceedings if they so elect, in which event the Trustee and the Employer shall be the only necessary parties. Further, in the event that the Employer duly delivers to the Trustee written objections to any matters set forth in any such written account or report and said objections are not explained or adjusted to the satisfaction of the Employer, each shall likewise have the right to have the Trustee's accounts reviewed by judicial proceedings if they so elect, in which event the Trustee and the Employer shall be the only necessary parties. 4.9 Indemnity. The Trustee, its affiliates, agents, and employees (each such party herein shall be referred to as an '"Indemnified Party" for purposes of this Section 4.10), except as prohibited by law, shall immediately be indemnified and held harmless by the Employer from any and all liabilities, costs and expenses (including legal fees) arising out of any action taken by such Indemnified Party with respect to the Plan(s) and Trust. No such indemnification, however, shall be required or provided if such liability arises (i) from the proven negligence of the Indemnified Party, or (ii) from the criminal misconduct of such Indemnified Party. This indemnification obligation shall survive the termination of the Trustee's service as Trustee and shall inure to the benefit of the successors of such Indemnified Party. ©Hitesman & Associates, P.A. 2008 Section 115 Trust Agreement a1g ARTICLE V. INVESTMENT ADVISOR 5.1 Appointment of Investment Advisor. The Employer shall have the right to appoint one or more Investment Advisors. Nothing in this Article or Trust Agreement requires the use of an Investment Advisor(s). All appointments of Investment Advisors shall be by written agreement between the Employer and the Investment Advisor. The Trustee shall receive a copy of each such agreement and all amendments, modifications and terminations thereof and shall be fully protected in assuming the continuing authority of such Investment Advisor under the terms of its original agreement with the Employer as theretofore amended or modified. 5.2 Investment Advisor Agreements. Among other matters, each agreement between the Employer and an Investment Advisor shall provide that: (a) All investment directions given by the Investment Advisor to the Trustee shall be in writing and be signed by an officer or partner of the Investment Advisor or by such other person as may be designated in the agreement. The agreement may further provide that the execution of such investment directions given to the Trustee be made pursuant to the direction procedures established by the Plan Supervisor. (b) All settlement of purchases and sales are to be in such place as the Trustee and InvestmentAdvisors may agree. (c) Payment of the cost of the acquisition, sale or exchange-of any security or other property for an Investment Account shall be charged to that Investment Account. (d) The responsibility of the Investment Advisor to vote proxies shall be recognized- unless the agreement expressly precludes the Investment Advisor from voting proxies. (e) The Investment Advisor acknowledges that it is a "fiduciary" of the Plan and that for the term of the agreement it will qualify as an Investment Advisor. 5.3 Notification of Appointment of Investment Advisor. Written notice of each appointment of an Investment Advisor shall be given to the Trustee in advance of the effective date of the appointment. Such notice shall state the part of the Trust assets which is to become the account of the Investment Advisor and shall either include or be accompanied by a direction to the Trustee establishing it as an Investment Account pursuant to Section 4.1(d). Upon receipt of said notice, the Trustee shall allocate the designated part of the Trust assets to the Investment Account of such Investment Advisor. The Employer may by similar notice modify such designation from time to time. 5.4 Investment Advisor's Authority. So long as the appointment of an Investment Advisor is in effect, the Trustee shall follow the directions of the Investment Advisor with respect to its Investment Account in exercising the powers granted to the Trustee regarding investment of the Trust assets. One of those powers is voting proxies; however, the Investment Advisor will not have that power if the agreement described in Section 5.2 expressly precludes the Investment Advisor from voting proxies (and the Trustee shall have the power subject to powers retained by .the Employer as a fiduciary). 5.5 Trustee`s Responsibility for Investment Advisor's Account. The Trustee shall comply with the Investment Advisor's investment directions, The Trustee shall have no duty to question such directions and, except as may be otherwise required under applicable law, the Trustee shall not be liable for any loss which may result by reason of any action taken by them in accordance with ©Hitesman & Associates, P.A. 2008 Section 115 Trust Agreement a direction of any Investment Advisor acting within the powers granted to it under this Article V, or by reason of any lack of action by them upon the failure of an Investment Advisor to exercise its said powers. 5.6 Investment Advisor's Access to Records. The Trustee shall make available to an Investment Advisor copies of or extracts from such portions of its accounts, books or records relating to the Investment Account under such Investment Advisor's control as the Trustee may deem necessary or appropriate in connection with the exercise of the Investment Advisor's functions, or as the Employer may direct. 5.7 Allocation of Charges to Investment Advisor Account. All charges, other than those covered in Section 5.2(c), against each Investment Account shall be made in such proportions as the Employer may direct from time to time. ©Hitesman & Associates, P.A. 2008 10 Section 115 Trust Agreement C V ARTICLE VI, CHANGES IN TRUSTEE 6.1 Resignation. The Trustee may resign at any time by giving sixty (60) days advance written notice to the Employer. If the Trustee ceases to be employed by the Employer in the position identified in Section 2.9, the Trustee will be deemed to have resigned effective as of the date on which he or she ceases to be employed in such position. 6.2 Removal. The Employer may remove the Trustee by giving sixty (60) days advance written notice to the Trustee. 6.3 Appointment of Successor Trustee. Upon resignation or removal of the Trustee, the Employer shall appoint a successor Trustee, if necessary, in accordance with applicable law. If the Trustee is deemed to have resigned as provided in Section 6.1 because he or she ceases to be employed in the position identified in Section 2.9, the employee who succeeds the resigning Trustee in such position shall automatically become the successor Trustee. However, if such position is not immediately filled, the Employer shall appoint a successor Trustee. If no such successor is appointed, the individual employed by the Employer in the position of City Administrator shall be the successor Trustee. 6.4 Duties of Resigning or Removed Trustee and of Successor Trustee. If the Trustee resigns or is removed, that Trustee shall promptly transfer and deliver the assets of the Trust to the successor Trustee, after reserving such reasonable amount as the Trustee shall deem necessary to provide for the Trustee's fees, expenses, and any sums chargeable against the Trust for which the Trustee may be liable. Within one hundred twenty (120) days, the resigned or removed Trustee shall furnish to the Employer and the successor Trustee an account of the administration of the Trust from the date of its last account (unless the account is waived by the Employer). Each successor Trustee shall succeed to the title to the Trust vested in the Trustee's predecessor without the signing or filing of any further instrument, but any resigning or removed Trustee shall execute all documents and do all acts necessary to vest title to any successor Trustee. Each successor shall have all the powers, rights and duties conferred by this Trust Agreement as if originally named Trustee. No successor Trustee shall be personally liable for any act or failure to act of a predecessor Trustee. 6.5 Waiver of Written Notice. Any written notice requirement required under this Article VI may be waived by mutual agreement of the Trustee and the Employer. ©Hitesman & Assodates, RA. 2008 11 Section 115 Trust Agreement aq ARTICLE VII. TRUST AMENDMENT AND TERMINATION 7.1 Amendment. The Employer reserves the right to amend, alter, or wholly revise the Trust Agreement, prospectively or retrospectively, at any time by the action of its managing body, and the interest of each Participant is subject to the powers so reserved. The Employer expressly may amend, alter or wholly revise the Trust Agreement if it determines it necessary or desirable, with or without retroactive effect, to comply with the law. Such changes shall not affect any right to benefits that accrued prior to such amendments. Such amendment shall be made in writing and shall be signed by the Employer and Trustee. Notwithstanding the above, no amendment may be made, without its written consent, that would increase substantially the duties or liabilities of the Trustee and no amendment may be made that would divert any part of the Trust assets to any use or purpose other than for the exclusive benefit of the Participants and other individuals entitled to benefits under the Plan(s); provided, however, that any such amendments may be made which may be or become necessary in order that the Trust qualifies as tax exempt under the provisions of the Code, as amended, or in order that all provisions of the Trust will conform to all valid requirements of applicable federal and state laws. 7.2 Termination. Although the Employer expects the Plan(s) and Trust to be maintained for an indefinite time, the Employer may terminate the Trust at any time by the action of its managing body. Such action shall be made in writing and shall be delivered to the Trustee, at least thirty (30) days prior to the effective date of termination. If the Trust is terminated, all of the provisions of the Trust evidenced by this Trust Agreement shall continue in effect until the Trust assets have been distributed by the Trustee as directed by the Employer. 7.3 Transfer of Assets. Unless otherwise agreed by the Employer and the Trustee, the Trustee shall not transfer any of the Trust's assets to any other trust. In the event the Employer and the Trustee agree, the Trustee shall transfer all of the Trust's assets to another tax-exempt trust, which may or may not also involve a change in Trustee under Article VI. The Trustee shall be entitled to rely upon the representations of the Employer that the recipient trust is qualified to accept the transfer. To the extent the transfer adversely affects this Trust or the recipient trust, the Employer shall indemnify and hold harmless this Trust, the Trustee, and all others so negatively impacted. 7.4 Payment of Funds on Liquidation. Upon the termination of the Trust in accordance with Section 7.2, , the affairs of the Trust shall be wound up as soon as may be reasonably practicable and the assets of the Trust, or the liquidation proceeds of the Trust, shall be paid out and distributed by the Trustee in the following order unless a decree of a court of competent jurisdiction or any applicable law shall mandate a contrary order: (a) Administration expenses. First, to the payment of all reasonable and necessary expenses of managing and administering the Trust to the extent that the expenses are not paid by the Employer. (b) Amounts payable to beneficiaries. Second, to the payment of the benefits to Participants and their beneficiaries that are payable from the Trust as the Employer shall direct the Trustee in writing. (c) Reversion to Employer. Third, to the Employer, provided such reversion does not jeopardize the Trust's status as a "trust or equivalent arrangement" as that phrase is used in Statement No. 45 of the Governmental Accounting Standards Board. If such QHitesman & Associates, P.A. 2008 12 Section 115 Trust Agreement 30 reversion is not possible, then to be used for any additional purpose authorized under applicable law. 7.5 Liquidation powers. From and after the date of the termination of the Trust and until the final distribution of the assets of the Trust has been completed, the Trustee shall continue to have all of the powers provided under this Trust that may be necessary or expedient for the orderly liquidation and distribution of the assets of the Trust. QHltesrnan & Associates, P.A. 2008 13 section 115 Trust Agreement -31 ARTICLE VIII. GENERAL PROVISIONS 8.1. No Inurement. Except as provided in Section 7.4, no part of the corpus or income of the Trust shall revert to the Employer, or be used for or diverted to purposes other than the exclusive benefit of Participants and other persons entitled to benefits under the Plan(s). 8.2 Persons Dealing With Trustees. No person dealing with the Trustee shall be required to see to the application of any money paid or property delivered to the Trustee, or to determine whether or not the Trustee is acting pursuant to any authority granted under the Trust. 8.3 Non-Alienation of Benefits. Benefits payable under the Plan(s) shall not be subject to anticipation, alienation, sale, transfer, execution, or levy of any kind either voluntary or involuntary, including any such liability which is for alimony or other payments for the support of a spouse or former spouse, or for any other relative of the Participant, prior to actually being received by the person entitled to the benefit under the terms of the Plan(s), and any attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber, charge or otherwise dispose of any right to benefits payable under the Plan(s) shall be void. The Trustee and Employer shall not in any manner be made liable for, or subject to, the debts, contracts, liabilities, engagements or torts of any person entitled to benefits under the Plan(s). 8.4 No Third Party Beneficiaries. The provisions of the Trust are intended to benefit only the parties hereto, their respective successors and assigns, and participants and their beneficiaries under the Plan(s). There are no other third party beneficiaries. 8,5 Governing Law. This Trust shall be construed and enforced according to the laws of the State of Minnesota, except to the extent preempted by federal law. The Trustee and Employer shall comply with all applicable laws. OHitesman & Associates, P.A. 2008 14 Section 115 Trust Agreement IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, in a number of copies, all of which shall constitute one and the same instrument, which may be sufficiently evidenced by any executed copy hereof, as of the day and year this Trust Agreement is executed by both parties. Date: Date: QH'stesman & Associates, P.A. 2008 15 Section 115 Trust Agreement CITY OF EAGAN By: Its a-%A OT By: Its t L Trustee Name: F .? • \)a-lloy 4-) j?-eAor o 33 OPEB ADMINISTRATIVE ACCOUNT AGREEMENT Between CITY OF EAGAN and PUBLIC EMPLOYEES RETIREMENT ASSOCIATION (PERA) This Agreement is between the City of Eagan (the "City") and the Public Employees Retirement Association of Minnesota ("PERU"). RECITALS: WHEREAS, 2008 Minn. Laws, ch. 154, art. 10, sec. 18.(to be codified as Minn. Stat. § 471.6175)(referred to herein as chapter 471.6175) authorizes political subdivisions and other public entities, that create or have created an actuarial liability to pay postemployment benefits ("OPEB benefits") to its employees and officers, to establish a" trust" to pay those benefits. WHEREAS, a trust so established may be either a REVOCABLE or IRREVOCABLE trust, trust account or custodial account authorized under 26 U.S.C. s 4010 and may only be used to pay OPEB benefits, WHEREAS, the City has established a trust (the "Trust") for the purpose of paying OPEB benefits; WHEREAS, it is the intent of the City to establish within the Trust an irrevocable trust account pursuant to chapter 471.6175, with the Public Employees Retirement Association ("PERA") serving as administrator of that trust account. WHEREAS, chapter 471.6175 authorizes PERA to serve as trust administrator for the trust account; WHEREAS, the City hereby establishes a trust account (the "account") to be held under the supervision of PERA, which agrees to serve as trust administrator under the provisions of chapter 471.6175; NOW THEREFORE, the City and PERA, in consideration of the foregoing and the mutual covenants contained herein, agree as follows: AGREEMENT 1. Terms of Agreement 1.1 Effective Date: July 1, 2008 or when this Agreement is signed, whichever is later. 1.2 Expiration Date: This agreement will remain in effect as long as PERA continues to serve as trust administrator and the applicable continuation and termination provisions of chapter 471.6175 are complied with. The Agreement and the account may be terminated in accordance with 471.6175 and the parties recognize that the city has the sole discretion to change trust 3+ administrators and transfer assets held in the account, subject only to a mutually agreed timetable for the transfer of assets. If legislation is passed that alters the relationship or duties laid out in this agreement, this agreement will expire on the day the legislation is effective. 2. Duties and Responsibilities of the Parties: 2.1 The City may deposit money in the account and withdraw money from the account as needed for postemptoynzent benefits owed on behalf of former employees or officers of the City. Determinations regarding the appropriate amounts to be deposited and withdrawn shall be the sole responsibility of the City, provided that the City may not deposit an amount in excess of the City's actuarially determined liabilities for postemployment benefits. The trustee of the Trust will notify PERA and the State Board of Investment in which investments assets will be invested each time a deposit is made. The trustee of the Trust will also direct PERA regarding withdrawals from the account, and will provide at least 14 days notice before the withdrawal will be made. 2.2 PERA shall administer the account as a separate account in accordance with the terms set forth in chapter 471,6175, subd. 4(a) and certify all amounts in the account to the State Board of Investment pursuant to the terms of chapter 471.6175, subd. 5(b). 2.3 PERA will provide instructions on how to submit and withdraw assets to and from the account. PERA will keep a separate accounting of assets received, monthly investment returns, withdrawals, and administrative fees. PERA will reconcile with the State Board of Investment reports on a monthly basis. A report showing trust activity and assets received, monthly investment returns, withdrawals, and administrative fees will be provided on demand. PERA will not account for these as an OPEB Plan in PERA's stand-alone CAFR. 2.4 The City is responsible for any OPEB reporting requirements. 2,5 The City may only withdraw money for the purposes set forth in chapter 471.6175, subd. 7(b). The City bears sole responsibility for withdrawals and the use of funds withdrawn and a decision to terminate the account. PERA bears no responsibility to determine whether such decisions comply with chapter 471.6175 or other applicable state or federal law. 2.6 All money in the account is held in Trust for the exclusive benefit of former officers and employees of the City and is not subject to claims by creditors of the State of Minnesota, the City, the current or former officers and employees of the City, or PERA. 3. Consideration and Payment 3.1 Consideration. PERA may.charge the City fees for reasonable administrative costs based upon the actual time spent administering the account. A breakdown of administrative expenses will be prepared by PERA on a yearly basis and submitted to the City at least 14 days before the fees are taken out of the account. 3.2 Terms of Payment. Payment shall be made directly from the account. 2 4. Amendments Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 5. Liability Each party will be responsible for its own acts and behavior and the results thereof. IN WITNESS WHEREOF, the parties have hereunto set their hands this day of , 2009. CITY OF EAGAN PUBLIC EMPLOYEES RETIREMENT A MINNESOTA MUNICIPAL ASSOCIATION OF MN (PERA) CORPORATION By Mayor Attest City Clerk By Assistant Executive Director Agenda Memo January 20, 2009 City Council Meeting CONSENT AGENDA: F. Tree Maintenance Contractor License for St. Croix Tree Service, Inc. ACTION TO BE CONSIDERED: Approve a Tree Maintenance Contractor License for St. Croix Tree Service, Inc. FACTS: St. Croix Tree Service, 675 Grupe Street, Roberts, WT has applied for a license to conduct a tree maintenance operation in Eagan. All requirements of the application have been met and the license fee has been paid. Staff has reviewed the application and deems it in order for approval. ATTACHMENT: None. The application is available for review in the Administration Department. 87 Agenda Memo January 20, 2009 City Council Meeting CONSENT AGENDA: G. Tobacco License for Heather Saman, Eagan Marathon, LLC, 2000 Cliff Road ACTION TO BE CONSIDERED: Approve a license for Heather Saman, Eagan Marathon, LLC to sell tobacco products at 200 Cliff Road. FACTS: • Heather Saman has applied for a license to sell tobacco products at 2000 Cliff Road. • The business will be known as Marathon, LLC. • Ms. Saman and her husband also own the Eagan BP at 1424 Yankee Doodle Road and hold a tobacco license for that location. • All requirements of the application have been met and the license fee has been paid. • Staff has reviewed the application and deems it in order for approval. ATTACHMENT: None. The application is available for review in the Administration Department. Agenda Memo January 20 City Council Meeting H: APPROVE Renewal of Heart Healthy Living Program Agreement for Eagan Community Center. ACTION TO BE CONSIDERED: 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 during 2009 and direct the Mayor and City Clerk to sign the agreement document. FACTS: • Heart Healthy Living, P.A. (HHL) is an independent contract service that offers Phase III/IV Cardiac Rehabilitation Maintenance Program services. • HHL wishes to continue their contract through 2009 for the use of the Eagan Community Center's exercise studio, walking track, exercise equipment, conference room and locker rooms Monday, Wednesday and Friday from 11:00 a.m. --12:15 p.m. for HHL clients and staff. • HHL's agreement pays the City 20% of all revenue gained by client program participation fees, which is confirmed by monthly attendance sheets. • HHL will provide general liability insurance at $1,000,000 per occurrence and $1,000,000 per year as well and Professional Liability at $1,000 per occurrence and $1,000,000 per year. • This has been a very positive and successful partnership that began in 2004 and continues to provide a positive benefit to the participants and ECC. ISSUES: • None a9 Agenda Memo January 20, 2008 City Council Meeting 1. APPROVE final payment to RIRyan Construction, Inc. for the completion of the Civic Arena West Mezzanine. ACTION TO BE CONSIDERED. To approve the final payment to RJ Ryan Construction, Inc. in the amount of $22,512 for the completion of the Civic Arena West mezzanine. FACTS: At their April 15, 2008 meeting the City Council approved the hiring of Leo A Daly architects to prepare plans and specifications based on preliminary cost estimates of $250-300,000 to finish off the mezzanine as a multi-use space that not only accommodates dry land training but offers programmatic opportunities and private rentals. . At their May 6, 2008 meeting the City Council authorized the advertisement for bids and on June 3 the bid was awarded to RJ Ryan Construction, Inc. in the amount of $239,096. The architect's estimate for the bid package was $253,021. ¦ Change orders to the project resulted in a net deduction of $23,673.00 for a final contract amount of $215,423.00. The details are outlined below: Original contract amount: $239,096 Change Order #1 -12,447 Change Order #2 5,368 Change Order #3 -16,594 Final Contract total $215,423 Total costs for the project: Originally propose General construction package 215,423 239,096 Architectural fees 15,000 13,000 Contingency (FFE) 10,000 12,000 240,423 264,096 • The mezzanine space was occupied from August through December by the Dakota County Library during the remodeling of their facility. The final touches have now been completed in the mezzanine and it is officially available for community rentals. ATTACHMENTS: L)h 711-1 r ? i[ ? ? t 1 -??-?..?.?7 l ?C ??Jt F + f ?+y'?`uF1l ??. ,..:_ 1? f ,? - .; r- s '? ? lt`{,? -- ..?.; ?- ? arc r MEMO .:? Ems, r,i Agenda Memo January 20 City Council Meeting .I: APPROVE food catering providers for Eagan Community Center. ACTION TO BE CONSIDERED: To approve the selection of Twin City Catering, Classic Catering and Kowaiski's as the exclusive catering providers for the Eagan Community Center from March 2009 through February 2012 and direct staff to prepare the appropriate contract for the Mayor's signature. FACTS: ¦ In 2006 the City of Eagan entered into a three-year contract with Classic Catering, Twin City Catering and Green Mill to provide exclusive catering service to the Eagan Community Center. That contract expires March 1, 2009. ¦ The City Council authorized staff to advertise and solicit bids in October 2008 for the years 2009- 2012, ¦ The City Council originally authorized the use of up to three vendors to provide exclusive catering for banquets, large meetings and events in the community center. ¦ Staff received several calls of interest, sent out requests for proposals and followed up with a pre- proposal meeting in December for potential vendors to tour the building and ask questions. ¦ Nine bona fide proposals were received and reviewed for consideration. Staff visited several vendor events to determine their ability to provide the high level of service expected by ECC renters. ¦ After significant review of menus, prices, services and references staff is recommending this combination of vendors to provide a wide variety of options for ECC rentals to meet the continued growth ISSUES: • None ATTACHMENTS: • Bid recap p(, Ll -. L .r . 48 Q N D y?1 ?rd D D O iN R? 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Y '' i3 m b ? 'e - C* y E y i Nn . 3 7. a " a "wa a ° rt Q e o 9 r? o ? -i ??? a o m p y O j w r? A F3 [6 F a - .N p o i E 4B 6 W O O ? A I7 6 i . iJ w 'tl o.? a ? v L ?a y N C] [] w y 'C [ v N -° f m b d 0 'D tai t.-2 v b t1 y w a v? ' .q = :G A N N o H s m ''? ?s o j9 d' '? i d i2 o I too aF3 IC FL x H ,- ri o N V A N .? ti m 'Y] w v V+ a O J7 @ 13 q 0, 4 N y v O c0i ?? q ?+? CL N M c+f ? ,fie y y iG q le7 ii? z us tA° C1 ate, ?'? ++ d t`? ri s i t+i Is7 Agenda Memo January 20 City Council Meeting K: APPROVE beverage catering provider for Eagan Community Center. ACTION TO BE CONSIDERED: Approve the selection of Holiday Inn of Burnsville as the exclusive beverage provider for the Eagan Community Center from March 2009 through February 2012 and direct staff to prepare the appropriate contract for the Mayor's signature. FACTS: ¦ In 2006 the City of Eagan entered into three-year contract with Holiday Inn of Burnsville to provide exclusive alcohol service to the Eagan Community Center. That contract expires March 1, 2009. • The City Council authorized staff to advertise and solicit bids in October 2008 for the years 2009- 2012. + Staff received several calls of interest, sent out requests for proposals and followed up with a pre- proposal meeting in December for potential vendors to tour the building and ask questions. ¦ Two bona fide proposals were received and reviewed for consideration. ¦ After reviewing the submitted proposals staff is recommending that the City retain holiday Inn of Burnsville as the exclusive beverage provider for the community center. Holiday Inn has been the exclusive provider since the building opened in 2003 and continues to provide quality service ISSUES: ¦ None ATTACHMENTS • Bid recap Alcohol Proposal Comparisons 2008 HOLIDAY INN Chateau Lamothe Revenue Percentages 25% 25% Staffing Bar Manager 1992 Owners, 1989 Bartender, 2004 Pricing Call Host $3.50 Call Host $4.50 Call Cash $3.50 Call Cash 5.00 *please refer to note section for more Keg $250 Keg $2$5 in ormnalion regarding pricing Minimums $250 minimum or pay $100 $300 Minimum bartender fee Setup Fees None $100 Bartender Fee $100 Setup Fee (apex) Service Fees 19% 20% Notes Our relationship with Holiday The pricing at Chateau Inn Burnsville has been an Lamothe is a major extremely successful obstacle. The example partnership. Their staffing provided in the proposal and prices are a perfect fit for had a liquor charge of our customer's and they have $1813 and after the added been extremely flexible in fees, it totaled $4356. Their offering options to our smaller proposal was thorough and groups and making put together very well. arrangements on short notice ECC staff does not feel that with last-minute customers. they would be a good fit ECC staff recommends that with our customer base, as we renew our contract for the prices are too high. 2009-2012 with Holiday Inn Burnsville. 0 Agenda Memo January 20, City Council Meeting L. AUTHORIZE the advertisement for request for proposals for virtual tour services on the City's website. ACTION TO BE CONSIDERED: Authorize the advertisement for requests for proposals for virtual tour services for several facilities that will be hosted on the City of Eagan's website. FACTS: ¦ The City of Eagan currently has commercial virtual tours for several facilities including Cascade Bay, Civic Arena, Eagan Community Center and park pavilion/shelter buildings. • The commercial virtual tours have been active for several years and locations added as the service to renters/users became more evident. ¦ The tours allow visitors to the City's website to look at spaces they may be interested in renting or simply to learn more about what a facility looks like. The tours have been a successful marketing tool and a valuable visual tool for folks visiting the City's website. • The current contracts are all due to expire on April 30, 2009. • Only one vendor has provided this service to the City in the past and as the contract renewal period approaches, it would be appropriate to seek proposals from companies that provide this service. • The schedule for the process is proposed to be: • Advertise: January 26-February 7 • Proposals due: February 13. • Recommendation to Council: March 3 • Contracts effective: May 1, 2009 through April 30, 2011 ATTACHMENTS: None Agenda Memo January 20, 2009 City Council Meeting M: APPROVE the 2009 contract for Ju 4th fireworks and authorize the Mayor and City Clerk to sign all appropriate documents. ACTION TO BE CONSIDERED: Approve the 2009 July 0h. fireworks display contract with RES Specialty Pyrotechnics in the amount of $25,500 and authorize the Mayor and City Clerk to sign all appropriate documents. FACTS: • Amer approval by the City Council, the July 41h Funfest committee solicited proposals for the 2009 July 4t' fireworks contract. • Two vendors provided written responses and were evaluated by the July 4th Funfest Committee on the following criteria: cost, display variety and quantity and completeness of response. • Based on their review, the July 4t" Funfest Committee is recommending that the City Council award the contract to RES Specialty Pyrotechnics. • RES has provided the July 4t' fireworks display in 2007 and 2008 at a cost of $27,000, ¦ The budget for this 2009 expenditure was set at $27,000 and RES has provided a proposal that is under that budget amount. ISSUES: • None ATTACHMENTS • Letter from July 4th Funfest Committee P q. 50? • Bid from RES Specialty Pyrotechnics pj-53_7D. 51 January 12, 2009 TO: City of Eagan FROM: Eagan's July 4th Funfest RE: 4th of July Fireworks The Eagan 4th of July Funfest Committee would like to thank the City of Eagan for your continued support of the community's 4th of July celebration activities. Specifically, we appreciate the financial underwriting of the annual fireworks display which has become a much anticipated signature finale for our citizens. To ensure the continued high quality of these fireworks, the Funfest Committee released a Fireworks RFP for July 4, 2009. Two vendors provided written responses and were evaluated on the following criteria: cost, display variety and quantity, and completeness of response. The Eagan 4th of July Funfest Committee chose RES Specialty Pyrotechnics as the vendor to forward to the city for a fireworks contract and have attached their RFP response. We have also attached the other RFP response for your information. Please contact me if you have any questions or require further information from the Funfest Committee. Ken Koch Funfest Director Cell) 612-718-0574 Email) kkoch@brmonline.com enclosure 5 RES Specialty Pyrotechnics Friday, December 05, 2008 Ken Koch Eagan infest Committee Dear Ken: I thank you for the opportunity to submit our Fireworks proposal to the City of Eagan. The display will occur on Saturday, July 4, 2009 at approximately 10:00 PM and will last from 26-29 minutes. The display crew will begin setting up the fireworks display at approximately 11:00 AM on July 4, 2009 and the area will be cleared by approximately 1:00 AM on July 5, 2009. The sky will be filled with fireworks bursts at all times with our finale being double the intensity of any of our competitors. Over 90% of the fireworks bursts will be between 400ft and 800ft in height. Our Fireworks proposal indicates size, shell effect, and quantity of shells. There may be modifications to the listed effects due to inventory availability, nature of the site, and upgrade of product. The shells listed in our proposal will be used to design the following segments: Opening Barrage, Main Show Body, Select Patriotic Shell, Signature Pattern Shell, Multiple Effects Barrage Cake, and Grand Finale. We will also incorporate a segment displaying World-Class Japanese Competition Shells. These can include Dragon Eye, Cat Face with Six Whiskers, Aqua Ghost Peony, Red Magic Peony with Blue Circle, and Red Revolving Dragons. The Minnesota licensed display operator will be John Ratzlaff, who is from Eagan. Mr. Ratzlaff was the display operator for the 2008 fireworks display. Mr. Ratzlaff has shot in excess of 148 shows in the past 15 years. The firing system that will be used to fire your display is the Pyrodigital Phase III controller. This is a state of the art computer firing system that has accuracy up to 1/30 of a second. Our customer service and communication principles are based on personal relationships. We listen to your needs and expectations. We then implement them into your program, resulting in a unique one-of-a-kind show. Our displays are a turnkey operation and are coordinated with your event. Our proposal includes all materials, equipment, certified display operators, necessary permits, and $5,000,000.00 liability insurance. The total cost will be $25,500.00 for a $27,000.00 show. 21595 286th Street ' Belle Plaine, MN 56011 tz Phone: 952.873.3113 u Pax; 952.873.2659 The following are references that you may contact. Additional references are listed at the end of our proposal. City of Bloomington Mark Morrison 1800 West Old Shakopee Road Bloomington, MN 55431 PH: 952-563-8693 City of Eden Prairie Lyndell Frey 8080 Mitchell Road #204 Eden Prairie, MN 55344 PH: 952-949-8438 Minnesota Twins Patrick Klinger H.H.H. Metrodome 34 Kirby Puckett Place Minneapolis, MN 55415 PH: 612-642-7024 We are aware of the additional requirements that are listed in Section VII Terms and Conditions in your bid request. If chosen, we will agree to and comply with your requirements. If you have any further questions, please feel free to contact me. I would like to meet with your committee to explain why our product is superior to our competitors product. Sincerely, Ervin J. Haman Director of Business Development RES Specialty Pyrotechnics 21595 286Th Street w Belle Plaine, MN 56011 k. Phone: 952,873,3113 ' Fax: 952.873.2859 -51 FIREWORKS DISPLAY PROPOSAL For Eagan'Tunfest July 4 th, 2009 RES Specialty Pyrotechnics ED NONDISCLOSURE The material contained in this document is confidential and is for review only by those directly involved in awarding this bid. This document may not be copied or reproduced in any fashion without the written consent of RES Specialty Pyrotechnics, Inc. CONFIDENTIALITY Our ideas, concepts and creativity are our livelihood. Your respect for our confidentiality is appreciated. 59- Specialty Pyrotechnics Fireworks Display Proposal for Eagan Funfest July 4th, 2009 Display Design Philosophy Our selection of display fireworks for Eagan Funfest includes a broad spectrum of styles and origin. We carefully select the best variety of Chinese, Taiwanese, Japanese and Domestic product. We balance these selections with our own custom manufactured product to provide the best assortment possible. We strongly feel that the quality of our product is the best that is available anywhere. There may be modifications to the listed effects due to inventory availability, nature of the site, . and upgrade of product. Virtually all of our shells incorporate a tailed or rising effect providing additional impact and allowing the audience to follow the shells on their rise into the air. Display Presentation Frequently overlooked by the display purchaser, the aspect of how the display is "shot" or presented is the most critical aspect after safety to a successful display. This is the area where a company that understands choreography demonstrates true pyrotechnic artistry. To achieve maximum customer and audience appreciation we have found that by using a "V" rack setup we are able to cover agreater area of the sky. In addition, many effects are shot simultaneously into the air in a "V" pattern, filling two separate areas of the sky with identical patterns. Our choreography for Eagan Funfest will allow the audience to appreciate the show better since they pick up on the themes that are presented with the fireworks. This sets up the audiences' expectations. In other words, there is rhyme to the reason. To accomplish this, all of the effects exhibited for Eagan Funfest will be shot by a sophisticated computer firing system allowing us to have: • Precision timing of firing. • No large gaps of time when there is nothing but black sky. • Easier control of show pacing. • Multiple firing not possible via hand firing. • Added safety for the audience and our staff due to the increased control of execution. Electrical firing allows us to have most of the show preloaded beforehand. This allows us the opportunity to precisely choreograph the show. Preloading the show allows us to better protect the show beforehand against weather and eliminates having to handle shells in the dark to reload thereby increasing safety. _atp Main Body - Grouped and Combined along the following Themes. • Color and report shells Pattern shells, i.e., hearts, hourglass, stars, butterflies, rings Effect shells, i.e., whistles, serpents, tourbillions s Strobe and shimmer effects m Glitter and tremalon shells • Crackling and Crossette shells • Traditional Japanese shells, i.e., Diadems, Saturn, Palms, Chrysanthemums • Shells from the following manufacturers will be displayed: Pyre Formax, Lidu, Panda, Sunny, An Ping, Legion, Sunsong, Ruggieri, Haga, Yung Feng, U.S. Designer, Thunderbird & RES Specialty Pyrotechnics. •:* For Eagan Funfest we will also incorporate a unique segment of signature pattern shells. The shells shot in this segment will follow one another. In this way the audience will be quick to realize that they have to watch each effect closely as it breaks in the sky above. Some of the signature patterns that will be exhibited are as follows: colored stars with rings, smiley faces, Jupiter rings, Saturn rings, concentric rings, triple rings & hearts. •.* In addition, a Red, White & Blue Patriotic segment will be exhibited to showcase our country's colors. Many different shell effects & designs will be used to highlight the colors of our flag. Finale There is no mistake when our finales start. The sky is filled with color and sound that builds in intensity as it progresses. Multiple levels of effects appear as the finale unfolds. The colors and effects appear to "morph" from one color to the next into glitter into larger color into larger glitter culminating in waves. of tailed titanium salutes that increase in intensity. As the thunder from the salutes reach their peak, they are complimented by an increasing scale of fancy color shells overhead. Jq Shows for Reference City of Edina City of Belle Plaine John Keprios Jim Lange 952-927-8861 952-873-4310 City of Lakeville City of Albertville Steve Michaud Ed Hackenmuller 952-985-4601 763-497-2353 LeSueur Giant Days City of Rockville Julie Boyland Kathleen Stanger 507-665-2501 320-685-4031 Burnsville Firemuster Saint Paul Saints Baseball Jim Marchessault Derek Sharrer 952-953-2314 651-644--3517 City of Rosemount Minnesota Twins Baseball Mareen Bouchard Patrick Klinger 651-423-4603 612-375-7455 City of Shoreview City of Blaine Jacci Krebsbach Jim Peterson 651-483-2416 763-785-6164 City of Woodbury City of Vadnais Heights Theresa Janechek Brigid Nault 651-735-3322 651-204-6000 City of Bloomington City of Minnetonka Mark Morrison Dave Johnson 952-563-8693 952-939-8360 City of Maple Grove City of Highland Park Mike Kinn.en Shelly Harris 763-424-4365 651-699-9042 City of Savage Prior Lake Chamber of Commerce Tom Brennen Sandy Fleck 952-932-4067 952-440-1000 City of Eden Prairie City of Fridley Lyndell Frey Peter Borman 952-949-8438 763-572-3570 Eagan Funfest July 4th, 2009 $25,500 Opening Barrage: Size Quan Ferro Ti Linear Cylindrical Salute w/Strobing Tail 3" 72 Golden Rain w/ Golden Rain Trailing Effects 4" 2 Gold Wave Chrysanthemum to Purple to Red 4" 2 Red to White to Blue Chrysanthemum w/Tail 4" 2 Silver Spider Web w/Pink Strobe Pistil & Pink Tail 4" 2 Gold Willow to Red w/ Red Tail 4'F 2 Red Palm Tree w/ Red Tail 4" 2 Orange & Lemon Flashing Stars 5" 2 Orange Chrys w/ Silver Tips & Orange Tail 51t 2 Silver Whirl Flower Ring w/ Red Flashes 5't 2 Green & Gold Peony w/ Gold Tail 5" 2 Brocade Crown to Crackling Willow & Crackling Tail 5" 2 Silver Brocade Crown w/Palm Core & Rising Flowers 6" 2 Brocade Coconut Tree w/ Cherry Pistil & Red Tail 6" 2 Wave Coconut Tree to White Crossette w/ Silver Tail 6`= 2 Blue Wave to Red w/ Shimmer Mag Tail 6" 2 Glittering Silver to Green Chrysanthemum w/ Glitter Tail 6" 2 Thousands Fresh Color Dahlia w/ Red Tail 8" 1 Multicolor Mag Dahlia w/Red Tail 8" 1 Brocade Waterfall w/Multicolor Falling Leaves w/Spangle Tails 8" 1 Total 107 3" Pyrotechnic Effects Size Quan Green to Blue Peony w/ Silver Fish Pistils 31 2 Glittering Silver to Blue Chrysanthemum 31! 2 Purple Peony w/ Silver Fish Pistils 3" 2 Green to Blue Peony w/ Silver Fish Pistils 3" 2 Silver Whirl Flower Shell 3" 2 Green Glittering Palm w/ Gold Tail 3" 2 Gold Wave Chrysanthemum to Silver to Green 3" 2 Green & Gold Glittering Chrysanthemum 3" 2 Diadem to Blue w/Gold Tail 3" 2 Cylinder Red &, Green 3" 2 Yellow to Green Peony w/ Green Tail 3" 2 Silver Glittering Palm w/Tail 3" 2 Gold Crackling Palm w/Tail 3" 2 Half & Half Flat Chrysanthemum 3" 2 Golden Chrysanthemum w/Coco Pistils 3" 3 Silver Chrysanthemum w/ Coco Pistils 3" 2 Rainbow Dahlia w/ White Strobe Pistil & Silver Tail 3" 2 Red, White & Blue Vargt'd Peony w/Red Tail 3F; 2 Glittering Silver to Green Chrysanthemum 3f' 2 Gold Peony w/ Gold Tail 3F' 2 Green & Gold Glittering Chrysanthemum 3" 2 Silver Glittering Palm w/Tail _ 3" 3 Gold Crackling Palm w/Tail 3" 2 Red Peony w/ Crackling Tail 3" 2 Glittering Green Chrysanthemum 3" 2 Red & White Flashing Stars 3" 2 Chain Orange, Aqua & Purple Chrys w/Purple Tails 3" 36 Chain Orange, Seablue & Grass Green Peony w/Matching Tails 3" 36 Total 3" Pyrotechnic Effects 126 1b 4" Pyrotechnic Effects Size Quan Red, White & Blue USA Style Canister Shell 4" 3 Red Ring w/Silver Fish Pistils 4" 2 Red & Silver Glittering Chrysanthemum w/Tail 41F 4 Red, White & Blue Star Pattern 4" 3 Bowtie w/Ring & Tail 4" 2 Gold Flashing Crossette w/ Whistling Tail 4" 2 Gold Dahlia w/Strobing Silver Pistil & Gold Tail 4" 2 Silver Strobes w/Red Flowers 4" 3 Silver Peony w/Coco Pistils & Shimmer Tail 4" 3 Red to White to Blue Chrysanthemum w/Tail. 4" 2 Purple Peony w/ Silver Fish Pistils 4" 3 Giant Bowtie w/Ring 4" 2 Gold Bowtie w/Blue Ring & Gold Tail. 4" 2 Red, White & Blue Chrysanthemum 4" 3 Three Concentric rings 4" 2 Aqua Peony w/ Red Pistil & Rising Red Tail 4" 3 Bright Red & Glittering Gold Crossette w/Aqua Tail 4" 5 Pink Crossette w/ Pink Tail 4" 3 Twinkling Crossette w/ Blue Pistil & Silver Tail 4" 3 Crackling Crossette w/ Silver Whirl Pistil & Crack Tail 4" 3 Red & Blue Flashing Stars 411 2 Cherry & Seablue Peony w/Rising Sue Tail 4" 2 Gold Kamuro w/ Multicolor Palm & Gold Tail 4" 3 Golden Rain Chrys w/ Rising Whistling Tail 4" 3 Red Willow w/ Strobing Silver Pistil & Strobe Tail 4" 3 Golden Peony w/ Silver Fish Pistils 4" 3 Emerald Peony w/Trailing Flowers 4" 3 Screecher USA Special Effects Shell 4" 3 Silver Whirl Flower Shell 4" 2 Glitter Silver to Yellow Chrysanthemum 4" 3 Golden Chrysanthemum w/ Gold Tail 4" 3 Strobing Chrysanthemum w/ Silver Tail 4" 2 Red Peony w/ Coco Pistils & Tail 4" 2 Multi Colored Peony w/Flashing Stars 4" 2 Multi Colored Chrysanthemum w/ Golden Tail 4" 2 Colors of the Flag Chrysanthemum 411 3 Silver Dahlia w/Green Tips & Silver Tail 4" 2 Glittering Coconut Tree w/ Silver Tail 4" 3 Orange Dark Grass Green Peony w/ Green Tail 4" 3 Gold Crossette w/Red Pistil & Gold Tail 4" 2 Orange Dahlia w/ Bright White Pistil & Orange Tail 4" 3 Red & White Flashing Stars w/ Red Tail 4" 3 Gold Wave to Red w/ Strobe Core & Strobe Tail 4" 2 Multicolor Palm Tree w/Glitter Tail 4" 4 Purple Dahlia w/ Coco Pistils & Purple Tail 4" 3 Silver Whistles & Purple Flashes 4'r 2 Dragons Eggs Blue to Crackling Peony 4" 2 Golden Palm Tree w/ Silver Strobing Pistils 4" 2 Silver to Aqua w/ Red Pistil & Crackling Tail 4" 3 Gold Strobe w/Strobing Red Core & Strobe Tail 4" 3 Silver Strobe w/Strobing Green Core & Strobe Tail 41" 3 Red Dark Red Crackling Peony w/ Red Tail 4'' 3 Rain Brocade to Glittering Chrysanthemum 41" 3 Brocade Crown to Blue w/ Rising Whistling Tail 4" 3 Diadem Chrysanthemum to Golden Willow 4'" 3 Gold Kamuro w/Blue Pistil & Blue Tail 41" 2 Green Spider Web w/Rising Gold Tail 4" 3 Pink Peony w/Time Rain & Silver Tail 4"" 2 Red Coconut w/ Green Pistil & Red Tail 4" 3 Red Spider Web 4" 2 Glitter Silver to Red Chrys w/ Crackling Tail 4" 2 Silver Glitter Crown w/ Orange Strobe & Glitter Tail 4" 2 Diadem to Crackling w/Red Pistil & Silver Tail 4" 2 Diadem to Green w/Rising Green Flowers 4" 2 Silver Crown w/Strobing Green Pistil & Gold Tail 4" 3 Brocade Crown to Gold Glitter w/ Whistling Tail 4" 2 Aqua Peony to Cherry w/ Glitter Tail 4" 3 Silver Spinners w/Blue Peony 4" 3 Gold Spinners w/ Purple Peony 4" 3 Bright Blue Chrys w/ Silver Tips & Silver Tail 4" 3 Purple Peony w/Tail 4" 2 Gold Glitter Crown w/Gold Tail 4" 3 Silver Crackling Palm Tree w/Aqua Pistil & Red Tail 4"" 3 Glittering Orange to Seablue Chrys w/ Silver Tail 4"" 3 Green to Dark to Red Chrys w/Rising Small Flowers 4"" 2 Purple Chrysanthemum w/ Silver Tail 4"" 2 Green to Blue Peony w/ Silver Tail 4" 2 Silver Bismuth Crackling Coconut Shell 4" 3 Glittering Silver to Green Chrysanthemum 4" 2 White Strobing Chrysanthemum 4" 2 Silver to Green to Blue Peony w/Tail 4" 2 Glittering Ring w/Bismuth Crackling Pistils&Tail 4" 3 Red, White & Blue Coconut Crossette w/Tail 4" 3 Chain Red, White & Blue Peony w/ Red Tail 4" 9 Total 4" Pyrotechnic Effects 226 5" Pyrotechnic Effects Size Quan Red Bismuth Crackling Coconut w/Tail 5" 2 Golden Peony w/ Silver Fish Pistils 5" 3 Green to Blue Peony w/ Silver Tail 5" 3 Red, White & Blue Coconut Crossette w/Tail 5" 2 Red to Blue Peony w/ Silver "Fish Pistils 5" 2 Diadem to Blue Chrys w/ Rising Silver Tail 5" 3 Red Dark Red Crackling Peony w/ Red Tail 5" 3 Silver Strobe w/ Rising Silver Tail 5" 2 Blue w/ Spangle Palm Pistil & Blue Tail 5" 3 Gold Tremelon Crossette w/Gold Crackling Tail 5" 3 Diadem to Red Chrys w/ Rising Crackling Tail 5" 2 Red, White & Blue Peony w/Rising RWB Flowers 5" 2 White Strobing Chrysanthemum 5" 2 Silver to Green to Blue Peony w/Tail 5" 3 Green Cycas w/3 Spangle Tails 5" 3 Multicolor Meteor w/Fiery Flashes 5" 3 Glitter Silver to Yellow to Green w/ Silver Tail 5" 2 Golden Spider w/Green Strobe Pistil & Rising Tail 5" 3 Purple Flowers in Purple Circle 511 2 Brocade Crown Chrys w/ Red Tips & Silver Tail 5" 3 Glitter Silver w/Aqua Pistil & Silver Tail 5" 2 Green & Purple Flashing Stars w/ Gold Tail 5=' 2 Green Dark Gold Flashing Peony w/Gold Tail 5" 2 Silver Plum Crossette Chrys w/ Red Pistil & Red Tail 5" 3 Red Gamboge to Silver to Purple Chrys w/Tail 5" 2 Red Gamboge to Blue to Red Chrysanthemum 51 2 Red Chrysanthemum w/Crackling Pistils 5" 2 Grass Green to Orange Chrys w/ Silver Pistil & Tail 5" 3 Green Peony w/ Double Pistil & Color Change 5" 3 Red Strobe Sparkling Lights 5" 3 Silver Strobe Sparkling Lights 5" 2 Ruby Red Chrysanthemum w/ Silver Tail 5 F; 2 Blue Star Pattern inside Silver Ring 5FT 2 3 Cross Rings(Red, White, Blue) 5" 2 Jupiter Ring w/Tail 5" 2 Triple Ring w/ Crackling Coco Pistils 5" 2 Rainbow Palm Tree 5" 4 Gold & Silver Crackling Flowers w/Rising Silver Tail 5" 3 Bright Red to Silver Chrys Red Pistil & Blue Tail 5" 3 Gold Flash Crossette w/Gold Flash Pistil & Crack Tail 5" 2 Silver Dahlia w/Green Flowers & Silver Tail 5" 2 Silver Wave to Cherry w/ SeaBlue Pistil & Silver Tail 5" 3 Gold Brocade Glittering Palm w/Brocade Tail 5" 2 Gold Flash w/ Gold Flash Chrys Pistil & Gold Tail 5" 3 Gold Glitter to Red Crossette w/ Red Tail 5" 4 Glittering Purple w/Aqua Pistil & Rising Aqua Flowers 5" 3 Gold Wave to Pink w/Seablue Pistil & Blue Tail 5" 3 Gold Hourglass w/ Green Ring & Rising Gold Tail 5" 2 'R3 Giant Silver Bowtie w/ Purple Ring 5" 2 Blue Dahlia w/Silver Coco Tree Pistil & Silver Tail 5" 2 Purple Chrysanthemum w/ Golden Tail 5" 2 Color Changing Chrys w/ Silver Glitter Core & Tail 5" 3 Red Strobe w/ Silver Tail 5" 2 Red Chrysanthemum w/ Silver Tail 5" 2 Half Red & Half Blue Chrysanthemum 5" 2 Golden Willow w/ Red Tips & Gold Tail 5" 3 Glittering Silver to Green Chrysanthemum 5" 3 Seagreen Diadem w/ Orange Pistil & Green Tail 5" 3 Gold Spider w/Coco Pistils 5" 3 Red to Flower Wave w/ Green Tips & Red Tail 5" 3 Gold Wave to Multicolor Chrys w/ Gold Tail 5" 3 Silver Crackling Spider w/ Bright White Core & Tail 5" 3 Silver Brocade Crown w/Palm Core & Rising Flowers 5" 3 Gold Brocade Crown w/Aqua Core & Rising Tail 5" 2 Silver Crown w/ Green Tips & Silver Tail 5" 2 Silver Crossetting Palm Tree w/ Silver Tail 5" 4 Bright Red Diadem w/Red Falling Leaves w/3 Spangle Tails 5r' 3 Bright Red Strobe w/ Revolving Dragons Mine 5" 3 Aqua, Orange, Lemon & Magenta Dahlia 5" 3 Purple Willow W/ Reports 51 3 Blue Peony w/ Silver Fish Pistils 5" 2 Yellow Peony w/Golden Tail 5" 2 Giant Bowtie w/Tail 5" 2 Total 5" Pyrotechnic Effects 186 6" Pyrotechnic Effects Size Quan Flickering Silver to Bright Red Chrys w/Red Tail 6" 2 Golden Kamuro w/Trailing Fish 5" 2 Red,White,Blue to Crackling Chrysanthemum 5" 3 Glittering Gold Palm Tree w/Red Crossette Tail 5" 2 Red Chrysanthemum w/ Crackling Pistils & Tail 5" 2 Red to Blue to White Flashing w/ Rising RWB Flowers 5" 3 Glitter Silver to Red Crossette w/Blue Pistil & Red Tail 6" 2 Gold Strobing Diadem w/Gold Spangle Pistil w/3 Spangle Tails 6" 3 Yellow to Blue to White Flash w/Brocade Purple Pistil&Blue Tail 6" 3 Big Orange Ring w/2 SeaBlue Inner Rings w/Tail 611 2 Red Wave w/Gold Crackling Chrys Pistil & Crack Tail 6" 3 Glittering Silver to Red to Yellow Chrys w/ Silver Tail 6" 3 Gold Flashing w/8 pc's of Chrys Pistil & Ris Flowers 6" 2 Silver Crossette w/Bright Green Tips 6" 2 Ring w/5 Chrysanthemums & Rising Flowers 611 3 8 Pieces Chrys w/Ring & Whistling Tail 6" 2 Thousands Fresh Color Dahlia w/ Rising Flowers 6" 3 Orange Flashing Dahlia w/ Orange Tail 6" 3 Gold Bowtie w/Blue Ring 6" 2 Red & Blue Crossetting Rings 6" 2 Red Garnboge to Silver to Blue w/Pistils & Tail 6" 3 Gold Glitter Crown Crossette w/ Gold Tail 6" 3 Blue to Green to Strobe Chrys w/Tail 6" 3 Red Gamboge Purple w/ Silver Glitter Tail 6" 3 Orange Chrys to Silver w/Trails of Glitter 6" 3 Mr Yu's Titanium Spider w/Huge Crackling Tail 6" 3 Saturn Green Peony w/Tail 6" 3 Brocade Ring w/ Red Pistils & Brocade Tail 6" 2 Glittering Coconute w/ Crackling Pistil & Silver Tail 6" 3 Blue Star Pattern w/Red Ring 6' 2 Green Willow w/Red Crisscross & Green Tail 6" 3 Red Crackling Willow w/White Strobe Pistil & Tail 6" 3 Silver Palm Tree w/ Silver Tail 5" 3 Glitter Silver to Green Chrys w/Green Tail 6" 3 Silver Crackling Flower Crossette w/ Crackling Tail 6" 3 Red, White & Blue Chrys w/Gold Glitter Tail 6" 3 Red Gamboge to Siver to Aqua w/ Silver Tail 6" 3 Multicolor Dahlia w/ White Strobe Pistil & Silver Tail 6" 4 Orange, Lemon & Seablue Peony w/ Rising Flowers 6" 3 Brocade Crown to Silver Time Rain w/ Crackling Tail 6" 3 Diadem to Strobing Chrys w/ Silver Tail 6" 3 Gold Kamuro to White w/ Rising Gold Tail 6" 2 Gold Brocade w/ Flashing Pistil & Gold Tail 5" 2 Silver Wave to Orange w/Blue Pistil & Blue Tail 6" 3 Glitter to Purple Chrys w/Whistling Tail 6" 2 Red Revolving Dragons w/ Red Pistil Cylinder Shell 6" 2 Bright Red Ghost Peony w/ Silver Pistil 6" 3 Green Ghost Peony w/Bright Red Pistil 6" 3 Silver Wave to Blue Chrys w/Red Pistil & Silver Tail 61" 2 Red Gamboge to Crackling Chrys in Blue Circle w/Spangle Pist 61" 2 Blue to Dark to Red Peony in Dark to Green Ring w/Spang Pist 6" 2 Lemon Dahlia w/Lemon Tail 6"` 2 Thousand Red, White & Blue Chrysanthemums 6" 3 Nishiki Kamuro w/Brocade Tail 6" 4 Red Gamboge to Silver to Purple Chrys w/Tail 6" 3 2 Layer Bismuth Crackling w/Tail 6" 3 Brocade Purple to Silver w/Rising Small Flowers 6" 3 Silver Bowtie W/ Green & Tail 6" 2 Gold Silk Waterfall w/Brushed Gold Tail 6". 3 Blue Coconut w/ Silver Coconut Pistil & Tail 6" 3 Red to White to Blue Peony w/Tail 6" 2 Diadem Chit's to Strobing w/Rising Small Flowers 6" 3 Red Peony W/Silver Fish Pistils W/Tail 6" 3 Flickering Gold w/Waves of Red & Gold Tail 6" 3 Red to Silver Peony w/Tail 6" 2 Gold Wave Chryanthemum to Blue to Red 6f; 3 Red to Green to Strobe Chrysanthemum 6FT 2 Brocade Palm Tree w/ Rising Brocade Flowers 6' 2 Red Dark Blue Peony w/ Rising Colored Tail 6" 2 Silver Ring w/ Blue Star Pattern 6" 2 Gold Star w/ Rising Gold Star Shells 6" 3 Gold Wave Chrysanthemum to Blue w/Tail 6" 3 Spangle Chrysanthemum 6" 3 Total 6" Pyrotechnic Effects 193 LpLp 8" Pyrotechnic Effects Size Quan Bright Red Wave w/Rising Red Flowers 8`F 2 3 Color Change Chrys w/ Silver Tail 8" 1 Golden Peony w/ Silver Fish Pistils & Rising Tail 8" 1 Gold Strobing Diadem w/Red&Green Strobing Double Pistil 8" 2 Four Season Flower w/Rising Giant Flowers 8" 2 Silver Crackling Willow w/ Red Pistil & Whistling Tail 8" 2 Red to Blue Chrys w/ Silver Glitter Tail 8" 2 Green to Gold Strobe Flower to Green w/ Green Tail 8" 2 Aqua Ghost Peony w/Big Orange Circle w/Color Meteor Pistil 8" 2 Blue to Purple to Strobe Chrys w/Red Core & Tail 8" 1 Silver Chrys w/ Red Strobing Core & Rising Flowers 8" 1 3 Time Brocade Crossette w/Red Tips & Brocade Tail 8" 1 Glittering Silver to Blue to Red Strobe Chrys w/Wht Strobe Pist 8" 1 Mag Color Dahlia w/Rising Fresh Flowers 8" 1 Gold & Silver Crackling Chrys Flowers w/Crack Tail 8" 1 Glitter Silver to Cherry w/ Blue Pistil & Rising Cherry Flowers 8" 1 Emerald Green Dahlia w/ Gold Spangle Double Pistil & Tail 8" 2 Silver Plum Crossette Chrys w/Rising Flowers 8" 1 Gold Flash Crossette w/Gold Flash Pistil & Gold Tail 8" 1 Bright Silver Chrys w/ Blue Core & Rising Flowrers 8" 1 Red, White & Blue Vargt'd Peony w/Ris RWB Flowers 8" 2 Diadem Chrys w/Ruby Red Strobing Pistil & Red Tail 8" 2 Gold Wave to Red w/White Flashing Pistil & Gold Tail 8" 1 4 Color Change Peony w/ Brocade Tail 811 1 Red & White Flash Chrys w/ Strobe Core & Silver Tail 8" 1 Time Rain w/Crackling Pistil & Crackling Tail 8" 2 Red Gamboge to Green to Blue Chrys w/Red Tail 8" 2 Red Wave w/ Gold Crackling Chrys Pistil & Crack Tail 8" 2 Silver Time Rain Coconut Tree w/Red Core & Tail 8" 2 Silver Wave to Red, White & Blue Chrys w/Tail 8" 2 Gold Wave to Purple w/Crisp Silver Puffs & Tail 8" 1 Rain Willow w/Trailing Brocade Flowers 811 1 Red, White & Blue Coconut Crossette w/Tail 8=' 1 Multi-color Rings Shell w/Rising Ring Effects 8" 2 Total 8" Pyrotechnic Effects 50 Signature Pattern Shell Segment Size Quan Red Star w/Blue Ring & Silver Tail 5" 2 Flat Saturn w/Gold Tail 5" 2 Big Orange Ring w/2 Seablue Inner Rings w/Tail 5" 2 Silver Wave to 4 Color Ring w/ Silver Ascending Tail 5" 2 Smiley Face(multi-colored) 5" 2 Bright Red Heart w/Red Strobing Tail 5" 2 Jupiter Ring w/Rising Bright White Planets 6" 2 Five Concentric Rings w/Tails of Shellettes 6" 2 Saturn w/ Multi Colored Rings & Rising Strobe Tail 6" 2 Giant Bowtie w/Silver Fish Pistils & Silver Tail 6" 2 Total Signature Pattern Shell Segment 20 Patriotic Shell Segment Size Quan Patriotic Peony w/Red, White & Blue Pistils 4" 2 Red, White & Blue USA Style Canister Shell 4" 2 Red, White & Blue Star Pattern 4" 2 Red, White & Blue Coconut Crossette w/Tail 5" 3 Red, White & Blue Spinners w/Rising RWB Flowers 5" 3 Red, White & Blue Peony w/Glittering Bombettes 5" 3 Red, White & Blue Glitter w/Red Strobe Pistils 5" 3 Red to Silver Chit's w/ Blue to Red Pistil 6" 2 Blue to Red Dahlia w/ Silver Tips 6" 2 Silver Wave to Blue w/Red Glitter Trails 6" 2 Total 24 Multiple Effects Barrage Series Cakes Quan 100 Shot Gold Chrys Flower w/Alternating Rainbow Colors 1 100 110 Shot Pink & Seablue Tails 1 110 150 Shot Peacock Exercise w/Blue Mines 1 150 72 Shot Bright Color Dahlia 1. 72 100 Shot Gold Coconut Barrage 1 100 48 Shot Peony & Whistles Barrage 1 48 72 Shot Silver Whirl to Green Strobe w/ Crackling 1 72 150 Shot Red Time Rain w/ Crackling Stars 1 150 Total. Multiple Effects Barrage Series 8 802 ?v? Grand Finale Size Quan Ferro Ti Linear Cylindrical Salute w/Strobing Tail 3" 60 Finale Linear Cylindrical Glitter w/ Color w/Mag Color Tail 3" 60 Finale, Gold Willow w/ Gold Tail 3" 36 Finale, Asst Colors(2ea-R,W,B,G,P) w/Tail 31" 36 Finale, Asst Fish W/Rings w/Tail 3" 24 Finale Red, White & Blue(3 ea)+ I Ti Salue &Tail 3" 36 Finale, Crackling Silver Spider w/Crackling Tail 3" 36 Finale Ti Salute w/Very Heavy Report & Crackling Tail 3" 72 Finale Ti Salute w/Very Heavy Report & Whistling Tail 3" 72 Finale Ti Salute w/Very Heavy Report & Silver Tail 3" 72 Brocade Crown w/Crackling Pistil & Crackling Tail 4" 18 Magnum Titanium Salute w/ Crackling Tail 4" 72 Red Bismuth Crackling Chrysanthemum w/Tail 4" 3 Golden Willow to Purple w/ Coco Pistils 4" 3 Red, White & Blue Peony w/ Rising RWB Flowers 411 3 Glitter Silver to Yellow Chrysanthemum w/Tail 4" 3 Gold Wave to Red Diadem Chrys w/ Rising Silver Tail 4" 3 Silver Crown w/Bright Red Tips & Rising Silver Tail 41" 3 Red to Silver Peony w/Tail 511 4 Crackling Kamuro Peony w/Rising Crackling Tail 5" 4 Nishiki Kamuro w/ Green Tips & Silver Tail 5" 4 Half Orange & Grass Green Peony w/Orange Tail 5" 4 Color Changing Kamuro w/ Gold Tail 5" 4 Red Gamboge to Varigated Chrys w/ Gold Tail 5" 4 Multicolor Peony w/ Silver Glitter Trails & Flowers 6'r 3 Kamuro Chrys w/ Multicolor Pistil & Red Tail 6F; 3 Red, White & Blue Peony w/Rising RWB Flowers 6" 3 Diadem Chrys to Strobing w/ Strobing Flowers 6" 3 Gold Wave to Silver w/ Rising Red&Gold Flowers 6" 3 Silver Wave to Red to Blue w/ Blue Pistil & Silver Tail 81" 2 Gold Silk Chrys w/Green Pistils & Gold Tail 8" 1 Crackling Gold Coconut w/Red Strobe Pistil w/Ris 3" Tiger Tail 8" 1 Glittering Gold to Flash Kamuro Chrys & Glitter Tail 8" 1 Red, White & Blue Peony w/Rising RWB Flowers 8" 2 Total Finale Effects 658 Grand Total of Effects in Display Total Materials Used by Size 2,392 311 702 411 352 5" 244 6" 232 8„ 60 Cakes 8 to9 -25 E 1 ti" 1 In- t t ~ . ¦. i??: ?; _ ?' YrF ... 7.{1] l?> 7L ??? 11zZIl?i ?.j .... T r s 'S+ 1? ] y t '- 4 - J - Y ii k - l a 7 _ r, 4 t ?' _ ??ra JT; . l} X 1fc. L? ? _ ti d "?" S n {{ 1 }? Sr p * ?! N R?bt/4fM1y?r r l4eefi 7f. .•r. -•}:? s3Nf i <.$ 'xi R a' Ff ijj f -;4 11<3?1rhtVp ', . . J. - x _i.. - .3 t':f?P =?? FAhw1 t - S: ,?i - ..av.rr4 Agenda Information Memo January 20, 2009 Eagan City Council Meeting N. CONTRACT 06-01, TH 149 RECONSTRUCTION & UPGRADE (TH 55 - ALBANO TRAIL) ACTION TO BE CONSIDERED: Approve Change Order Number 11 for Contract 06- 01, TH 149 Reconstruction. FACTS: . The City of Eagan is the lead agency in partnership with the Minnesota Department of Transportation (MrzDOT) 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 Til 55 and Wescott Road. • Change Order No. 11 provides for the deletion of several work items from the contract. These deletions are due to the work items not being required, not used, design changes, modified construction methods, and/or work eliminated. (DECREASE $59,149.89) • The Change Order has been reviewed by the Engineering Division and found to be in order for favorable Council action. -11 Agenda Information Memo January 20, 2009 Eagan City Council Meeting 0. 2009 STREET MAINTENANCE JOINT POWERS AGREEMENT ACTION TO BE CONSIDERED: Approve the 11-City Joint Powers Agreement for Street Maintenance Contractual Services and authorize the Mayor and City Clerk to execute all related documents. FACTS: • For the past 23 years (1985), the City of Eagan has participated in a Joint Powers Agreement (JPA) with the cities of Burnsville, Apple Valley, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Farmington, Mendota Heights, and West St. Paul to solicit competitive prices for pavement traffic marking, street sweeping, crack sealing and seal coating contractual services. • The consolidation of the administrative services and subsequent economy of scale competitive bidding has resulted in significant savings to the City of Eagan and resulted in a Certificate of Commendation from the Governor in 1995. • A copy of the 2009 JPA is now being presented to the City Council for their consideration of approval. It has been reviewed by the Superintendent of Streets/Equipment and found to be in order for favorable consideration. ATTACHMENTS: Joint Powers Agreement, pages through JOINT POWERS AGREEMENT 2009-2010 TRAFFIC MARKINGS, STREET SWEEPING CRACK SEALING, SCREENING & SEAL COATING BURNSVILLE, APPLE VALLEY, EAGAN, LAKEVILLE, ROSEMOUNT, SAVAGE, PRIOR LAKE, SHAKOPEE, FARMINGTON, MENDOTA HEIGHTS, WEST ST. PAUL, AND SOUTH ST. PAUL AGREEMENT made this 20w' day of January, 2009, by and between the cities of Burnsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Farmington, Mendota Heights, West St. Paul, and South St. Paul. RECITALS This agreement is made pursuant to the authority conferred upon the parties pursuant to Minnesota Statutes 471.59. The purpose of this agreement is to provide street maintenance materials and service for the cities of Burnsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Farmington, Mendota Heights, West St. Paul, and South St. Paul utilizing one common contractor for each service. NOW, THEREFORE, the parties agree as follows: 1. Subject to the other provisions of this agreement, Burnsville shall prepare any plans, specifications, hid proposals and advertise for bids for the placement of street traffic markings, street sweeping, cracksealing, screening and sealcoating services. 2. Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Farmington, Mendota Heights, West St. Paul, and South St. Paul shall provide to Burnsville the estimated quantities for these services in each respective city, and shall also approve the bid documents. 3. Burnsville shall tabulate the bids upon their receipt and make a recommendation of award to Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Farmington, Mendota Heights, West St. Paul, and South St. Paul and upon their approval, award the contract pursuant to State Law. ?l3 Joint Powers Agreement Page 2 4. Each city shall be responsible for, e Preparing maps showing the proposed locations for these services including estimating the quantities. Preparing the streets for markings in accordance with the specifications and coordinating with the contractor as to the timing of the actual work. Inspecting the contractor's work, measuring the quantities of work performed, approving and certifying the progress or final payments to the contractor. s Pay a percentage of actual construction cost to City of Burnsville for legal and administrative cost on a sliding scale basis as follows: $0 - $50,000- 1.5% $50,000 - $100,000 - 1% Over $100,000 -.5% 5. In accordance with the specifications, the contractor will submit an itemized invoice to each city separately for the work performed in each city. Upon approval of the invoice by the respective city, that city will remit the approved invoice amount directly to the contractor. 6. It is agreed that the cities of Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Farmington, Mendota Heights, West St. Paul, and South St. Paul each of them, indemnify, save, and hold harmless the City of Burnsville and all of its agents and employees from any and all claims, demands, actions, or causes of action, for whatever nature, arising out of the contracting procedure by reason of the execution or performance of the work purchased for each respective city under this agreement, and that the cities of Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Farmington, Mendota Heights, West St. Paul, and South St. Paul further agree to defend, at their sole cost and expense, any actions or proceedings commenced against their respective cities for the purposes of asserting any claim of whatsoever 74 Joint Powers Agreement Page 3 character arising hereunder. The participating cities agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1 a and that the total liability for the participating cities shall not exceed the limits on governmental liability for a single use of government as specified in 466.04, subdivision 1, 7. This agreement can be terminated on the part of any individual city by giving sixty (60) days notice to the other cities; otherwise the agreement will automatically terminate on March 15, 2010. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date indicated below. CITY OF IBURNSVILLE BY: Mayor Elizabeth B, Kautz DATE: BY: City Manager Craig L. Ebeling CITY OF APPLE VALLEY BY: Mayor DATE: BY: Cleric CITY OF EAGAN BY: Mayor DATE: BY: Clerk CITY OF LAKE, VILLE BY: Mayor DATE: BY: Clerk -757 Joint Powers Agreement Page 4 CITY OF ROSEMOUNT BY: BY: Mayor Clerk CITY OF SAVAGE BY: Mayor BY: CITY OF PRIOR LAKE BY: Clerk Mayor BY: Clerk CITY OF SHAKOPEE BY: Mayor BY: Clerk CITY OF FARMINGTON BY: Mayor BY: Clerk CITY OF MENDOTA HEIGHTS BY: Mayor BY., Clerk CITY OF WEST ST. PAUL BY: Mayor BY: Clerk CITY OF SOUTH ST. PAUL BY: Mayor BY: Clerk DATE: DATE: DATE: DATE: DATE: DATE: DATE: DATE: Agenda Information Memo January 20, 2009 Eagan City Council Meeting P. WATER SUPPLY & DISTRIBUTION PLAN ACTION TO BE CONSIDERED: Approve the Water Supply and Distribution Plan for the City of Eagan dated July 2008. FACTS: • The City of Eagan regularly prepares a Water Supply and Distribution Plan (WSDP). This detailed and comprehensive engineering analysis of the existing and proposed trunk water system serves as a planning document to guide Eagan as it extends city water throughout the city and to adjacent urbanizing areas. ¦ Minnesota Statute 473.859 requires Water Supply Plans (also referred to as Water Emergency and Conservation Plans) to be completed for all local units of government in the seven-county Metropolitan Area as part of the local comprehensive planning process, Additionally, Minnesota Statute 103G.291 requires all public water suppliers that serve more than 1,000 people to have a Water Supply Plan approved by the Minnesota Department of Natural Resources (DNR). An approved Water Supply Plan is also a requirement to obtain a Water Appropriations Permit Amendment from the DNR. • The Metropolitan Land Planning Act (amended 1995) requires local governments to prepare comprehensive plans and submit them to the Metropolitan Council to determine their consistency with metropolitan system plans. One element of these plans must address municipal water systems, The updated WSDP was prepared in conjunction with the 2008 Comprehensive Guide Plan Update required by the Metropolitan Council. • On September 16, 2008, the City Council approved the 2008 Comprehensive Guide Plan Update, including the draft WSDP, for distribution to adjacent cities, Dakota County, school districts and agencies for their review. On August 26, 2008, the City held a public hearing before the Advisory Planning Commission to take testimony on the plan and its key aspects, such as the WSDP. • The WSDP performs a more exhaustive scientific, engineering and financial analysis of the water system than is required to meet the minimum Metropolitan Council and DNR requirements. The previous WSDP was prepared in 1996 and was incorporated with the 2001 Comprehensive Guide Plan. • Highlights of the updated WSDP include the following: o Updated to reflect current water system plans. o Incorporates three possible development/redevelopment areas: 1) Cedar Grove Redevelopment Area; 2) Cliff Road Commons; 3) Carriage Hills Golf Course. o Provides greater emphasis on management of existing infrastructure. 77 Agenda Information Memo January 20, 2009 Eagan City Council Meeting Q. 2030 COMPREHENSIVE SANITARY SEWER PLAN AMENDMENT ACTION TO BE CONSIDERED: Approve the 2030 Comprehensive Sanitary Sewer Plan Amendment for the City of Eagan dated July 2008. FACTS: • The City of Eagan regularly prepares a Comprehensive Sanitary Sewer Plan (CSSP). This detailed and comprehensive engineering analysis of the existing and proposed trunk sanitary sewer system serves as a planning document to guide Eagan as it extends city sanitary sewer throughout the city and to adjacent urbanizing areas. ¦ The Metropolitan Sewer Act requires local government units to submit a CSSP covering the collection and disposal of wastewater generated by the community and which describes the current and future service needs required from the Metropolitan Council Environmental Services (MCES). ¦ The CSSP performs a more exhaustive scientific, engineering and financial analysis of the wastewater system than is required to meet the minimum MCES requirements. The previous CSSP was prepared in 2001 and was incorporated with the 2001 Comprehensive Guide Plan. The 2001 plan addressed future service needs up to 2020. • The Metropolitan Land Planning Act (amended 1995) requires local governments to prepare comprehensive plans and submit them to the Metropolitan Council to determine their consistency with metropolitan system plans. One element of these plans must address municipal sanitary sewer systems. The 2008 Comprehensive Guide Plan is to address future service needs anticipated up to 2030. • A Comprehensive Sanitary Sewer Plan Amendment (CSSPA) was prepared to revise the 2001 CSSP to include 2030 wastewater system service needs. The draft CSSPA was prepared in conjunction with the 2008 Comprehensive Guide Plan Update required by the Metropolitan Council. • On September 16, 2008, the City Council approved the 2008 Comprehensive Guide Plan Update, including the draft CSSPA, for distribution to adjacent cities, Dakota County, school districts and agencies for their review. On August 26, 2008, the City held a public hearing before the Advisory Planning Commission to take testimony on the plan and its key aspects, such as the CSSPA, • Highlights of the CSSPA include the following: o Updated to reflect current sanitary sewer system plans, o Incorporates three possible developmentfredevelopment areas: 1) Cedar Grove Redevelopment Area; 2) Cliff Road Commons; 3) Carriage Hills Golf Course. o Addresses Infiltration & Inflow (I&I) reduction. plan over a five-year period to address surcharge from MCES for excessive flows related to storm events. o Includes possible future expansion to serve areas of Rosemount along both sides of Highway 3 to McAndrews Road (County Road 38). o Provides greater emphasis on management of existing infrastructure. ( g Agenda Information Memo January 20, 2009 Eagan City Council Meeting R. TRANSPORTATION PLAN ACTION TO BE CONSIDERED: Approve the Transportation Plan for the City of Eagan dated August 2008. FACTS: ¦ The City of Eagan regularly prepares a Transportation Plan. This detailed and comprehensive engineering analysis of the existing and proposed transportation system serves as a planning document to guide Eagan as it provides city streets, traffic appurtenances and means for other transportation methods throughout the city and to adjacent areas. ¦ Minnesota Statute 473,859 (subdivision 3) requires a public transportation plan to be completed for all local units of government in the seven-county Metropolitan Area as part of the local comprehensive planning process. • The Metropolitan Land Planning Act (amended 1995) requires local governments to prepare comprehensive plans and submit them to the Metropolitan Council to determine their consistency with metropolitan system plans. One element of these plans must address municipal transportation systems. The draft Transportation Plan was prepared in conjunction with the 2008 Comprehensive Guide Plan Update required by the Metropolitan Council. ¦ On September 16, 2008, the City Council approved the 2008 Comprehensive Guide Plan Update, including the draft Transportation Plan, for distribution to adjacent cities, Dakota County, school districts and agencies for their review. On August 26, 2008, the City held a public hearing before the Advisory Planning Commission to take testimony on the plan and its key aspects, such as the Transportation Plan. • Highlights of the Transportation Plan include the following: o No funded regional roadway improvements are programmed within or adjacent to Eagan through 2030. This could have a limiting impact upon development/redevelopment. o Proposed Functional Classification revisions (road function & access): ¦ Johnny Cake Ridge Road, Cliff Rd to south city limit - Major Collector (B Minor) ¦ 120`b Street W, TH 3 to east city Iimit - Major Collector (Local) ¦ Dodd Road, south of Red Pine Lane - Local (Minor Collector) ¦ Red Pine Lane, TH 3 to Weston Hills Dr - Minor Collector (Local) ¦ Weston Hills Drive, Red Pine Lane to Cliff Rd - Minor Collector (Local) ¦ Biscayne Avenue, 120x" Street W to Red Pine Lane - Minor Collector (Local) ¦ Red Pine Lane, TH 3 to Dodd Road - Minor Collector (Local) ¦ Covington Lane, Johnny Cake Ridge Rd to Stonecliffe Dr - Minor Collector (Local) • Stonecliffe Drive, Covington Lane to Cliff Rd - Minor Collector (Local) = Lone Oak Drive, Lone Oak Rd to Lone Oak Pkwy - Minor Collector (Local) = Lone Oak Parkway, TH 149 to O'Neill Dr - Minor Collector (Local) = Northwest Parkway, TH,149 to Lone Oak Pkwy - Minor Collector (Local) = Borchert Lane, Mike Collins Blvd to TH 149 - Minor Collector (Local) o Programmed roadway capacity improvements: ¦ Elrene Road - expand to 4-lane between Trails End Rd/Thomson-Reuters Rd and Yankee Doodle Rd. Add traffic signal at Yankee Doodle Rd & possible roundabout at Trails End RdlThornson-Reuters Rd to serve possible access to Thomson-Reuters. ¦ Promenade Avenue -- extend south of Yankee Doodle Rd to Town Centre Dr. Add traffic signal at Yankee Doodle Rd. ¦ Borchert Lane - extend east of Thresher Field to TH 149 to provide an additional outlet for the industrial area between Lone Oak Rd & Yankee Doodle Rd. ? Future capacity deficiencies are anticipated on portions of most County and State highways within Eagan. Transit use provides a possible reduction of congestion, o City has a well developed trail/sidewalk system for non-vehicular transportation 19 Agenda Information Memo January, 20, 2009, Fagan City Council Meeting S. APPROVE ON-SALE LIQUOR AND SUNDAY LICENSE FOR BIRO. INC., DBA BIBO WINE BAR AND RESTAURANT LOCATED AT 1629 LENA COURT ACTION TO BE CONSIDERED: To approve the On-Sale Liquor and Sunday license for BIBO, Inc., dba BIRD Wine Bar and Restaurant located at 1629 Lena Court. FACTS: ? Mark Prokop, Frank Mackondy and James Lennon have applied for an On-Sale Liquor and Sunday license. Mr. Prokop is the President of the corporation, Mr. Mackondy is the Vice President and Mr. Lennon is the Treasurer. ? The restaurant will be located in the former Viva Italia site. A February opening is planned. ? The required documents for the liquor license application have been submitted, reviewed and deemed in order by City staff and the Police Department. No reason was found to deny the On-Sale Liquor and Sunday license. ATTACHMENTS (0): 8D Agenda Information Memo January 20, 2009, Eagan City Council Meeting T. APPROVE 2009 RENEWAL OF 3.2 OFF-SALE MALT LIQUOR (BEER) LICENSE FOR OASIS MARKET #594 LOCATED AT 1286 LONE OAK ROAD ACTION TO BE CONSIDERED: To approve the 2009 renewal of the 3.2 Off-Sale Malt Liquor (Beer) license for Oasis Market #594 located at 1286 Lone Oak Road. FACTS: ? At the December 16, 2008 City Council meeting, the Council extended the timeframe for approval of 2009 liquor license renewals to January 20, 2009. ? The renewal application for Oasis Market #594 has been submitted for the 2009 license. The application has been reviewed and deemed in order by City staff and the Police Department. No reason was found to deny the license. ATTACHMENTS (0): of Consent Agenda Information Memo January 20, 2009 Eagan City Council Meeting CONSENT AGENDA: U. Approve a Grant Amendment on behalf of the Dakota County Drug Task Force to receive funding from the Minnesota Office of Justice Programs. ACTION TO BE CONSIDERED: To approve an amendment to the Grant Contract 2008-NGTF-00431 on behalf of the Dakota County Drug Task Force to receive additional funding from Minnesota Office of Justice Programs in the amount of $270,000. FACTS: ¦ The Drug Task Force has received grant funds since its inception in 1988. + One municipality in Dakota County has always acted as the Dakota County Task Force fiscal agent. The City of Eagan assumed this responsibility in 2005. The City of Eagan is now responsible for book keeping, budgeting and grant administration. • In January 2008, the Eagan City Council on behalf of the Dakota County Drug Task Force approved a grant contract with the State of Minnesota Office of Justice Programs. The grant, which offered $270,000 for task force operations, helped fund the task force for 2008. • The State of Minnesota Office of Justice Programs has elected to make an amendment to the 2008 grant for an additional $270,000. This award would increase the (2-year) grant to $540,000 and would be used to fund task force operations for 2009. + If this grant amendment is approved by the council, the city will receive an additional $270,000 on behalf of the Dakota County Drug Task Force. • There are 3 copies of the Amendment to be signed by the Mayor in his signature file. ATTACHMENTS: 2008 grant amendment on pages3 `S9. got AMENDMENT NO. 1. TO GRANT CONTRACT 2008-NGTF-0043116300-2655 Original Contract Effective date: January 1.2008 Original Contract Amount: $270,000-00 Original Contract Expiration date: December 31, 2008 Previous Amendment(s) Total : NIA Amended Contract Expiration date: December 31 2009 Current Amendment Amount: $270,000.00 Total Contract Amount: ,$540.000.00 This amendment is between the State of Minnesota, acting through its Commissioner of Public Safety, Office of Justice Programs, 444 Cedar Street, Suite 100, St.. Paul, Minnesota 55101-5100 ("State") and City of Eagan, 3830 Pilot Knob Road, Eagan, Minnesota 55122-1897 ("Grantee"). Recitals 1 The State has a grant contract with the Grantee identified as Grant Contract 2008-NGTF-00431/6300-2655 for the purpose of funding the combined operations of the Criminal Gang Strike Force and Narcotics Task Forces. 2 The State and the Grantee have agreed that additional funding and time are necessary for the satisfactory completion-of this project.. 3 The State and the Grantee are willing to.amend the Original Grant Contract as stated below. Grant Contract Amendment In this Amendment deleted contract terms will be struck out and the added contract terms will be underlined. REVISION 1. Clause 1, "Term of Grant Contract", Section 1.2 of the Original Grant Contract is amended as follows: 1.2 Expiration date. December 31, 2008 December 31, 2009, or until all obligations have been satisfactorily fulfilled, whichever occurs first. REVISION 2. Clause 4, "Consideration and Payment," Sections 4.1, paragraph (1) and (3) of the Original Grant Contract is amended as follows: (1) Compensation. The Grantee will be reimbursed an amount not to exceed $270,000.0 0 $540"000.00, according to the breakdown of costs contained in Revised Exhibit A, which is attached and incorporated into this grant contract. The Grantee will submit any revisions to Revised Exhibit A as described in Section 4.2 (2) of this grant contract and the revised budget must be approved by the State's Authorized Representative before any expenditures may be made based on the revised budget.' 3) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $270,000.00 j540,000.00. $236,687.50 is available from January 1 2008 through June 30, 2009. S168,312.50 is available from Jul 1 2008 through December 31, 2009. $135 000:00 is available from July 1 2009 through December 31 2009. Grant Amendment 05/07 AMENDMENT NO. 1 TO GRANT CONTRACT 2008-NGTF-0043116300-2655 The Original Grant Contract and all previous amendments are incorporated into this amendment by reference. 1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies chat funds have been encumbered as - required by Minn. Star. §§ 16A.15 and l6C.05. Signed: By: (with delegated authority) Date: Title: Grant Contract No.: 2008-NGTF-0043116300-2655 Date: 2. GRANTEE The. Grantee certifies that the approprialeperson(s) - have executed the contract on behalf of the Grantee as required by applicable articles, bylaavs, resolutions, or ordinances. - By: Title: Ma or Date: By: Title: City Clerk Date: Distribution: DFSIFAS Grantee State's Authorized Representative V Grant Amendment 05/07 2 REVISED EXHIBIT A OFFICE OF JUSTICE PROGRAMS-11 of n,s??? ... ... ...... . . - Grantee: Eagan, City of Grant Number: 2008-NGTP-00431 Program: ALL PROGRAM COMPONENTS Bu Er IN]E t MT t= = h , ?A AR_'_ Contract Services $57,000,00 $109,000.00 Office Expenses $20,0 _$40,800.00 Program Expenses $44,65-0 0, 00 0 j 78 700.00 Other Expenses $1 1 3. i 99nn $231,200.00 Confidential Funds $ 099-09 $80,300.00 Agenda Information Memo January 20, 2009 Eagan City Council Meeting A. PROJECT 1000, GRACE DRIVE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1000, Grace Drive (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. FACTS: ¦ Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past nineteen years, the City has rehabilitated approximately 135 miles of local streets. • The resurfacing of Grace Drive in south-central Eagan has been programmed for 2009 in the City's 5-Year Capital Improvement Program. • On June 3, 2008 the City Council directed staff to prepare a feasibility report considering a rehabilitation of these streets. • On December 16, 2008, the feasibility report for Project 1000 was presented to the City Council and a Public Hearing was scheduled for January 20 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on January 15 for the adjacent property owners and representatives to discuss the proposed improvements. Of the 2 total properties (1 Low-Density Residential, I Public Facility - Church) proposed to be assessed under this improvement, no one attended the meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: ?g • Feasibility Report, page] througlI . 8f y City of Evan Report for Grace Drive - Street Revitalization City Project No. 1000 January 2009 ?z?s I?N City of Evan Mike Maguire Mayor Paul Bakken Cyndee Fields Gary Hansen Meg Tilley Council Members Thomas Hedges City Administrator Municipal Center 3830 Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD Maintenance Facility 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cityofeagan.com January 13, 2008 Honorable Mayor and City Counci I City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Grace Drive Street Revitalization City Project No. 1000 Dear Mayor and City Council: Attached is our report for the Grace Drive Street Revitalization, City Project No. 1000. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Sincerely, n 2?.G Jdhn P. Gorder Assistant City Engineer I hereby certify that this report was prepared by me or under my direct supervision and that l am a duly Licensed Professional Engineer under the laws of the State of Minnesota. John P. Gorder Date: Reg. No. 22813 iewed By: f. of Public Works Date: ! I b? `i ewed The Lone Oak Tree " 'dI.4 The symbol of inance Dep . strength and growth in our community. - Date: 101) TABLE OF CONTENTS Page # Introduction ............................................................................................ I Scope ..................................................................................................... 2 Feasibility and Recommendations ................................................................... 2 Street Evaluation ............................................................................. 2 Proposed Improvements .............................................................................. 3 Easements/ Permits .................................................................................... 4 Cost Estimate .......................................................................................... 4 Assessments ............................................................................................ 4-5 Assessment Financing Options ....................................................................... 5 Revenue Source .......................... ........................................................... 6 Project Schedule ..................................................................................... b LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C. Figures - 1 Location Map 2 Street Improvement/Assessment Area Map 3 Typical Section January 2009 Grace Drive Street Revitalization Eagan, Minnesota Introduction/ History Streets - As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. Approximately 300 feet of the 32-foot wide Grace Drive, Located in south central Eagan, is identified for street improvements in 2009. Figure 1, located in Appendix C, illustrates the project location. This roadway was constructed in 1987. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seat coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20 years. Overlaying Grace Drive, which is presently at the 21 year time frame, would normally prevent further decay of the pavement surface. Timely maintenance work has occurred at appropriate intervals during the life of this pavement. The City of Eagan's maintenance records indicate that this street was seal coated in 1992. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer. prior to an overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of this street under consideration, where necessary. These repairs alone will not substantially extend the life expectancy of the street pavement if not combined with the proposed bituminous overlay proposed with this project. do 1 The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no major repairs are necessary. Scope This project will provide resurfacing (edge mill £t overlay) for approximately 300 feet of roadway. Figure 2 in Appendix C, illustrate the project limits. Included in this project are the following improvements; replacement of damaged curb and gutter, adjustments and/or replacement of storm sewer utility castings, water gate valves, sanitary sewer castings and street signage. Feasibilit and Recommendations The mill Et overlay project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride ability, and add structural strength. This project is in accordance with the Five Year Capital Improvement Plan (2009 - 2013) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI} ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PC[ Recommended Improvement 55 - 100 Routine Maintenance/Crack Seal/Seal Coat 36 - 55 r_-Patch/Repair and/or Overlay 0 35 Reconstruct The 2008 PCI ranking for this section of roadway has a pavement condition rating of 25 which falls in the upper rankings of the "Reconstruct" category. While the pavement condition falls into the Reconstruct category, the types of pavement distresses do not reflect significant subgrade issues, and the existing pavement stilt has substantial structural strength. Therefore, a mill Et overlay of this street will provide a reasonable pavement life expectancy. The 2009 912 construction season is the critical time to mill &t overlay the surface on this street, before its condition deteriorates further and warrants full reconstruction. Proposed Improvements Pavement - The proposed street improvements for are shown in Figure 3. The existing street section for these residential streets consists of 3" bituminous pavement supported by 6" gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter (b'-8' wide) to accommodate a 1%-inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for residential streets. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb &t gutter - Damaged curb &t gutter and sidewalk will be replaced if severely cracked, spatted, or settled. It is estimated that approximately 10% of the existing concrete curb and gutter will have to be replaced. Boulevard turf will be removed and replaced. While the contractor who performs the work is responsible for its establishment in the first 30 days after placement, adjacent property owners are encouraged to consistently water the new turf, where possible, to help ensure its growth. Sign age - All traffic control and street identification signage within the project limits will be replaced due to diminished reflectivity, deteriorated support posts, and the signs or posts no longer meeting City and State standards. qQ, Example of a recent street overlay project in Eagan (Burr Oak Hills, 2008) Easement/Permits AR work will be in the public right-of-way. No additional easements will be necessary. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2009 construction costs and include a 5% contingency and indirect cost of 30%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Grace Drive Mill F± Overlay with Signage ...................................... $23,860 0 Repair Existing Concrete Curb Et Gutter ....................... 6,52 Total ...................................................... $30,380 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mitt Et overlay improvement for Local streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property city Milt Et Overlay wl Signage • Low Density Residential (R-1,2,3) 50% 50% Public Facility (PF) 75% 25% ¦ Repair Existing Concrete Curb Et Gutter 0% 100% Low Density Residential Lots (R-1, R-2, R-3) - The residential property (2.5 acres, 4884 Pilot Knob Road) as shown on Figure 2, having direct driveway access (or future access) onto the street to be improved is proposed to be assessed, based on the amount of front footage adjacent to the street within the project. The City's Assessment Policy states that 50% of the overlay costs are assessable for residential properties (R-1, R-2, R-3) based on a normal residential width street (32 feet). The estimated cost to be assessed based on the City Assessment Policy is $5,970 and is calculated as follows: 1) % Residential Frontage = 285 Res. F.F. 1 570 Total F.F. = 50% 2) [$23,860 (Mitt Et Overlay Cost + Signage Cost) x 50% x 50%] = $5,970 [Total Residential Assessment (R-1, 2, 3)] Public Facility (PF) - The public facility property (Chapel Hill Baptist Church) as shown on Figure 2, having direct driveway access onto the street to be improved is proposed to be assessed, based on the amount of front footage adjacent to the street within the project. The City's Assessment Policy states that 75% of the overlay costs are assessable for public facility properties (PF) based on a normal width street (32 feet). The estimated cost per tot equivalent to be assessed based on the City Assessment Policy is $8,950 and is calculated as follows: 1) % Public Facility Frontage = 285' Pub. Fac. F.F. / 570' Total F.F. = 50% 2) [$23,860(Mill Et Overlay Cost + Signage Cost) x 75% x? 50%] = $8,950 [Total Public Facility ] Assessment Financing Options The property owners will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over ten years with the interest determined by the results of the bond sate used to finance the improvements. The following payment schedule is based on an estimated 6.5% interest rate for the assessed amounts: Per $1,000 Assessment Principal Interest Cost Per Year Per Year Per Year ! First Year $100 65 $165 - Tenth Year --$100 i $107 9? 5 Revenue Source A summary of revenue sources is listed below: Project Property City Cost Assessment Contribution Reclaim/Recycle $ 23,860 $ 14,920 $ 8,940 (with Signage) Repair Existing Curb $ 6,520 -0- $ 6,520 Total $ 30,380 $ 14,920 $15,460 The City's Major Street Fund wilt finance the estimated project deficit of $15,460 (51% of total) Project Schedule Present Feasibility Report to City Council/ Order Public Hearing ................................. December 16, 2008 Informational Meeting ..................................................... January 15, 2009 Public Hearing ..................................................... January 20, 2009 Approve Plans and Specifications .......................................... February, 2009 Award Contract ........................................................... March, 2009 Project Completion .......................................................... August, 2009 Final Cost Report ..................................................... September, 2009 Final Assessment Hearing .......................................................... Fall, 2009 First Payment Due with Property Tax Statement ........ ............May 15, 2010 ?V^S- 6 Appendix A -Street Overlay - City Project No. 1000 Preliminary Cost Estimate Grace Drive Part I - Project 1000 Grace Drive - Bituminous Street Reclaim/Recycle Item No. Item Unit Estimated Unit Qty Price Estimated Cost 2021.501 Mobilization LS 1.00 7,000.00 7,000.00 2332.501 Mill Bituminous Pavement 1-114" depth) SY 500 0.50 250.00 2350,501 Type LVWE45030B Wear Course Mixture 1.5" TON 100 60.00 6,000.00 ! 2357.502 Bituminous Material for Tack Coat GAL 50 3.10 155.00 us Frame and Ring Casting an o e ra is on r0 I LS 1,625.00 2563.618 Remove Replace i na e Subtotal 17,480.00 (+5%) Contingencies 874.00 Subtotal 18,354.00 (+30%) indirect Costs 5,506.20 Total Part I - Project 1000 Grace Drive - Bituminous Street ReclaimlRec cle 23,850.20 Part II - Project 1000 Grace Drive - Repair Existing Concrete Curb & Gutter Item No. Item Unit Estimated Qt Unit Price Estimated Cost 2104,501 Remove oncre e Curb Gutter 5,OT 350,00 - - 2104.505 Remove Concrete Apron Favement sy- 20 12,U 240.00 e ec Topsoil orrow CY b 27.00 135.00 - 7211 501 re a e Base, o ru shed) 2350.503 1 e Wear ourse - rivewa s e ear Course _ Street Patch 04,02 Repair Residential ran er ea epair pnn er ys ern Agust Frame in Casting Install x Erosion Harrier Shroud Remove Replace Casting (Catch Hasin) LA 515.00 616.00 2531 Concrete Curb Gutter 13618 LF 70 15.0 1,050r00 2531.503 Concrete Apron Pavement e pair Residential Landscaping --- Jzblb.tub Sodding, Type Lawn (Highla d) SY 20 5.00 100 1q (40 Part U - Project 1000 Grace Drive - Repair Existing Concrete Curb & Gutter - Continued Item No. Item Unit s ima a Qty n Price Estimated Cost - Compost, Grade Subtotal 4,773.30 (+5%) Contingencies 238.67 Subtotal 5,011.97 (+30%) Indirect Costs 1,503.59 Total Part fi - Project 1000 Grace Drive - Repair Existing Concrete Curb & Gutter 6,515.55 Total Project Cost=$30,380 Appendix B - City Project No. 1000 Prelirriirary Assessment Roll Grace Drive Single Family (R-1, 2, 3) P.I.N. Street Assessment Grace Drive 4884 Pilot Knob Rd 10-03400-010-51 $ 5,970 Public Facility (PF) P.I.N. Street Assessment Grace Drive 4888 Grace Drive 10-16960-010-01 $ 8,950 Grand Total $14,92-0 See Assessments section in the body of the report for estimated assessment calculations 9? ??Q4• r THOMAS LAKE W.R. W.R. ??ftgk r A og. ° A5 PARK SS RUN WILDERNESS LN gjow 1 wy ! LJ?t ?U 0.? . { 5 $ TH[7A'[AS CRNE5 CURVE LAKE oAKLEAF ?p ?.??'L • - Q c AFAR ? p d ? ? Cl R. ? s3 BERRY dil. ID CENTER CLIFF ROAD ? * YJ ON LANCASTER Sr0 PINEr RICHARCYS ANDREW LN. Q > 0 CT. C" CL rNo'ms D4 ORES . PARKVIEW LN, LN LU LL GOLF OR, COURSE Q d, Lu i ?? IFS TRAIL Sew Ca R?ar?CCA ? F?0 Pf F11 ETREE pASS wo z U a .., 34 33- SHERI?dooD ¦ VVAY 'I GRACE WELLINGPON F• °? WAY 0 s` 'ELLiNGTo DR. N CARRIAGE Project Location JENSEN LAKE C?Prajcc4 k Coal: sct hlormotian?7 o?]O?F'ol b iYy ftapnrt Location Ymn 12/2/OB Grace Drive City of IaQaa Street Revitalization Fig. 1 Engineering Department Location Map - Project 1000 44 • 1 Q ? { o ti J . \ ? City of Full Engineering Department ry y Grace Drive Street Revitalization - Project 1000 Assessments f Street Improvement Area Fig. 2 1&D 3" BITUMINOUS SURFACE L EX. B618 CURB 6" 5 AGGREGATE BASE & GUTTER Existing Typical Section 1J EDGE MILL (6'-8` wide) Typ• 60' ROW 32' (F-F) 1 1/2° WEAR COURSE BITUMINOUS OVERLAY 2350 / 60 1 REPLACE EX. CURB & GUTTER AS DIRECTED BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Bituminous Street Mill & Overlay Proposed Typical Section Grace Drive City of Eaftall Street Revitalization Engineering Department Project 1000 - Typical Section 12-1-QP Fig. 3 roi Agenda Information Memo January 20, 2009 Eagan City Council Meeting B. PROJECT 1002, PINECREST OF EAGAN STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1002, Pinecrest of Eagan (Street Improvements) as presented and authorize the. preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past nineteen years, the City has rehabilitated approximately 135 miles of local streets. • The resurfacing of the two cul-de-sac streets of Pinecrest of Eagan in central Eagan has been programmed for 2009 in the City's 5-Year Capital Improvement Program. • On June 3, 2008 the City Council directed staff to prepare a feasibility report considering a rehabilitation of these streets. • On December 16, 2008, the feasibility report for Project 1002 was presented to the City Council and a Public Hearing was scheduled for January 20 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on January 15 for the adjacent property owners and representatives to discuss the proposed improvements. Of the 27 total properties (all Single-Family Residential) proposed to be assessed under this improvement, 1 resident representing 1 property attended the meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages through • Neighborhood Meeting Minutes, page ?'? City of Eagan Report for Pinecrest of Eagan - Street Revitalization City Project No. 1002 January 2009 )o City of Eagan Mike Maguire Mayor Paul Bakken Cyndee Fields Gary Hansen Meg Tilley Council Members Thomas Hedges City Administrator Municipal Center 3830 Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD Maintenance Facility 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cityofeagan.com The Lone Oak Tree The symbol of strength and growth in our community. January 13, 2009 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Pinecrest of Eagan Street Revitalization City Project No. 1002 Dear Mayor and City Council: Attached is our report for the Pinecrest of Eagan Street Revitalization, City Project No. 1002. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Sincerely, J6hn P. Gorder Assistant City Engineer I hereby certify that this report was prepared by me or under my direct supervision and that 1 am a duly Licensed Professional Engineer under the laws of the State of Minnesota. "t 4/1 John P. Gorder V Date: i ''' 0 12 Reg. No. 22813 Reviewed By: pt. of Public Works Revi Finance Dept. Ibf Date: Date: (t2?O9 TABLE OF CONTENTS Page # Introduction ............. ............... '... ..................... ................... ..................... 1 Scope ..................................................................................................... 2 Feasibility and Recommendations ... ................................................................ 2 Street Evaluation .................. ........................................................... 2-3 Proposed Improvements .............. ................................................................ 3-5 Easements/ Permits .................... ................................................................ 6 Cost Estimate .......................... ................................................................ 6 Assessments ............................ ................................................................ 6 Assessment Financing Options ....... ................................................................ 7 Revenue Source ........................ ................................................................. 7 Project Schedule ....................... ................................................................ 7 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures . I Location Map 2 Street Improvement/Assessment Area Map 3 Typical Section - Overlay Its- January 2009 Pinecrest of Eagan Street Revitalization Eagan, Minnesota Introduction/ History Streets - As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The 0.2 miles of local residential streets in east central Eagan are identified for the 2009 overlay improvements. Figure 1, located in Appendix C, illustrates the project location. These single family residential streets were constructed between 1987 and 1988. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20 years. Overlaying these roadways, which are presently at the 20-21 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Timely maintenance work, such as bituminous patching, crack seating and seal coating have occurred at appropriate intervals during the life of these pavements. The City of Eagan's maintenance records indicate that these streets were seal coated twice between the years of 1992 and 2002. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of these streets under consideration, where necessary. These repairs alone will not substantially extend the life 1*1 expectancy of the street pavement if not combined with the proposed bituminous overlay proposed with this project. The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no major repairs are necessary. Scope This project will provide resurfacing (edge mill and overlay) for approximately 0.2 miles of roadway. Figure 2 in Appendix C, illustrate the project limits. Included in this project are the following improvements; replacement of damaged curb and gutter, adjustments and/or replacement of storm sewer utility castings, water gate valves, sewer services and street signage. Water quality enhancements of the direct drainage area to Fish Lake (such as rain gardens) are planned for 2009. Related construction activities (i.e. curb cuts for drainage) to benefit the rain gardens may be included under this project. Feasibility and Recommendations The mill Et overlay project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride ability, and add structural strength. The mill Ft overlay portion of the project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of this street. The mill Et overlay is feasible in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2009 - 2013) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PC[ rankings are as follows: /O7 2 - PCI Recommended Improvement 56 - 100 f Routine Maintenance/ Crack Seal/Seal Coat 36- 55 Fated/Repair and/or Overlay - 35 Reconstruct [0--35- The 2008 PCI rankings for the streets in this area have a weighted average pavement condition rating of 57 which falls in the lower rankings of the "Routine Maintenance/Crack Seat/Seal Coat" category mostly because of the preparatory maintenance performed by City crews, as mentioned above. A review of the pavement condition history indicates ratings within the "Patch/Repair and/or Overlay" category prior to the preparatory maintenance. The current PCI ratings are just above the "Patch/Repair and/or Overlay" category. The street pavements have reached an age where, based on the City's past experience, the integrity of the pavement can rapidly decline if no improvements are performed. Therefore, the 2009 construction season is the optimal time to construct the bituminous overlay on these streets. The project can be delayed until the PC[ ratings fall further into the "Patch/Repair and/or Overlay" category, however, if it is delayed, the structural benefit to the pavement may be reduced. Proposed Improvements Pavement - The proposed street improvements are shown in Figure 3. The existing street section for these residential streets consists of 3" bituminous pavement supported by 6" gravel base. The existing bituminous surface wilt be milled adjacent to the existing curb and gutter (6'-8' wide) to accommodate a 1'h-inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for residential streets. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will stilt need to continue under the City's Pavement Management Program, ft 3 Concrete curb R gutter - Damaged curb ft gutter and sidewalk will be replaced if severely Signage - All traffic control and street identification signage within the project limits will be replaced due to diminished reflectivity, deteriorated support posts, and the signs or posts no longer meeting City and State standards. f ? T ire - -_ .-8. .. .. .. _ .... - - .. - _.- .. ... - -.-._T Example of a recent street overlay project in Eagan (Burr flak Hills, 2008) Mailbox Repair - Some mailboxes within the Pinecrest of Eagan neighborhood have been identified as at risk" of being damaged during winter snow and ice operations by the City Street Maintenance Division. These mailboxes are installed too low or close to the curb, or aged and deteriorated so that they may not withstand the impact of the snow from a plow. City staff is communicating to homeowners through mailing about these mailbox problems, specifically in the proposed 2009 street revitalization neighborhoods. Homeowners with at fC? risk mailboxes will have the option of repairing the boxes individually or by signing a waiver to allow the City to repair and the cost assessed to the property. Because the cooperation of property owners, and therefore City involvement, is uncertain, costs for City repair and special assessment is not included in this report. F.-UnImgm Height -48 3ncha9 ahova slmel loyal Address must be on olds of bn From w€ ich carrier approaches In [gnarl a nrlrdnrurn of one lose high, for on the fro.N wham Faxes are grouped)- Front of Mail Box Behind Back of Curb ? ??: ,may root or ape Boxes shall not ' Extend Forward of Vertical Post €If lower than 48" L Safety Clear =F Zone" : T fir ... .. -. - .. :, REVISED STANOA3(D PLATE MAIL & PAPER BOX INSTALLATION GUIDELINES $ 610 Engineoci r,g Department Rain Gardens/ Infiltration Areas Reducing storm water runoff volumes and re-charging the groundwater system through infiltration has recently been emphasized at the local, state, and federal levels of government. At time of development of neighborhoods such as Pinecrest, provisions for reducing the amount of storm water runoff from impervious surfaces, such as yard rain gardens and infiltration areas were not considered. Surface water treatment to benefit the area tributary to Fish Lake through best management practices, such as rain gardens, will be constructed in the neighborhood under a separate project. Curb cuts to provide drainage to the rain gardens, or other related construction, may be completed as part of this project to achieve economic savings. lID 5 Easement/Permits All work will be in the public right-of-way. No additional easements will be necessary. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2009 construction costs and include a 5% contingency and indirect cost of 30%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Pinecrest of Eagan • Edge Mill and Overlay wl Signage ............................... $ 49,640 • Repair Existing Concrete Curb Et Gutter ....................... $25,585 Total ...................................................... $75,225 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for local streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Milt and Overlay/Signage Low Density Residential (R-1,2,3) 50% 50% Repair Existing Concrete Curb 6: Gutter 0% 100% Low Density Residential Lots (R-1, R-2, R-3) - All residential equivalent properties (27 total, all single-family) as shown on Figure 2, having direct driveway access on to the streets to be improved are proposed to be assessed, based on the amount of front footage adjacent to the streets within the project. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties (R-1, R-2, R-3) based on a normal residential width street (32 feet). The estimated cost per residential lot equivalent to be assessed based on the City Assessment Policy is $920 per Single Family Lot and is calculated as follows: 1) [$49,640 (Mill Ft Overlay Cost + Signage Cost) x 50%] = $24,820 [Total Residential Assessment (R-1, 2, 3)] 2) $24,820 (Total Residential Assessment) -3 $9201 lot 27 Single Family Residential Lots 111 6 Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule is based on an estimated 6.5% interest rate for the assessed amounts: Single Family Residential Lot = $920 Principal Interest Cost Per Year Per Year Per Year •-- - ------- - - - .- _ - First Year $184 ? -- - $60 - -- ? $244 Fifth Year $184 1 -$12 $196 Revenue Source A summary of revenue sources is listed below: Project Property City Milt and Overlay $ 49,640 $ 24,820 $ 24,820 (with Signage) Repair Existing Curb $ 25,585 -0- $ 25,585 Total $75,225 $24,820 $50,405 The City's Major Street Fund will finance the estimated project deficit of $50,405 (67% of total) Proiect Schedule Present Feasibility Report to City Council/ Order Public Hearing .................................. December 16, 2008 Informational Meeting ..................................................... January 15, 2009 Public Hearing ..................................................... January 20, 2009 Approve Plans and Specifications ............................................ January, 2009 Award Contract ........................................................... March, 2009 Project Completion .......................................................... August, 2009 Final Cost Report ..................................................... September, 2009 Final Assessment Hearing ......................................................... Fall, 2009 First Payment Due with Property Tax Statement...-................. ............ May 15, 2010 11 7 Appendix A - Street Overlay Pinecrest of Eagan City Project No. 1002 Preliminary Cost Estimate Part I - Project 1002 Pinecrest of Eagan • Bituminous Street Overlay Item No. Item Unit Estimated Q Unit Price Estimated Cost 2021.501 Mobilization LS 1.00 7,000.00 7,000.00 2232.501 Mill Bituminous Pavement (1 114" depth) SY 1,500 0.50 750.00 2350.501 Type LVWE45030B Wearing Course Mixture TON 350 60.00 21,000.00 2357.502 Bituminous Material for Tack Coat GAL 210 3.10 651.00 2504.602 us Frame an Ring casting (Manhole) 2504.602 Adjust Manhole Casting Riser Adjustment - 164213) Remove and Replace cas in (Manhole 600,00 600.0 Traffic Control r623-G(F 1,625.00 Remove a ace Signage Subtotal 36,366.00 +5% Contingencies 1,818.30 Subtotal 38,184.30 (+30%) Indirect Costs 1,455.29 Total Part I - Project 1002 Pinecrest of Eagan - Bituminous Street Overla 49,639.59 Part 11 - Project 1002 Pinecrest of Eagan - Repair Existing Concrete Curb & Gutter Item No. Item Unit Estimated Q Unit Price Estimated Cost Remove oncre a Curb Gutter 2104.505 Remove oncre e Valley Gutter/Pavement Z1 Ob.526 e ec o soy Borrow -2211 501 re a e base-,-CT-5o Crushed) 2350.503 ear curse rivewa s Fype LVVVE45 030B --TDN- 10 90,00 900.00 2350.505 1 e ear Course Street Patch ] Repair Residential Sprinkler Head 1 1 12504.602 1 Repair Sprinkler System 2506.602 us Frame n Casting 2506.602 Install x Erosion Barrier Shroud 350.00 2506.602 Remove a ace Casting a c asin --- Concrete Curb Gutter D41 2 EF 550 Concrete Valley u er 6Y 22 45.00 -2540,602 e air Residential Landscaping Sodding, Type awn s an SY lzu 5M 600.00 113 Part Ii - Project 1002 Pinecrest of Eagan - Repair Existing Concrete Curb & Gutter - Continued Item No. Item Unit stimate Qty U nit Price stimate Cost 2575.551 om ost, Grade 1 TON 15 13.59 202.50 Subtotal 18,743.58 (+5%) Contingencies 937.18 Subtotal 19,689.68 (+30% ) Indirect Costs 5,904.20 Total Part ll - Pro ect 1002 Pincrest of Eagan - Repair Existing Concrete Curb & Gutter 25,584.88 Total Project Cost = $ 75,225 W Appendix B - City Project No. 1002 Preliminary Assessment Rol( Pinecrest of Eagan Single Family Lot Unit (R=1,2,3) P.L.N. Equivalent Assessment Total Crestridge Court 3630 Crestridge Ct. 10-15400-061-01 1 $920 $920 3631 Crestridge Ct. 10-15400-011-01 1 $920 $920 3632 Crestridge Ct. 10-15400-062-01 1 $920 $920 3633 Crestridge Ct. 10-15400-012-01 1 $920 $920 3636 Crestridge Ct. 10-15401-040-01 1 $920 $920 3637 Crestridge Ct. 10-15400-020-01 1 $920 $920 3640 Crestridge Ct.. 10-15401-030-01 1 $920 $920 3644 Crestridge Ct. 10-15401-020-01 1 $920 $920 3647 Crestridge Ct. 10-15400-030-01 1 $920 $920 3650 Crestridge Ct. 10-15401-010-01 1 $920 $920 Subtotal 10 $9,200 Pinecrest Court 3640 Pinecrest Ct. 10-57600-170-01 1 $920 $920 3641 Pinecrest Ct. 10-57600-010-01 1 $920 $920 3644 Pinecrest Ct. 10-57600-160-01 1 $920 $920 3645 Pinecrest Ct. 10-57600-020-01 1 $920 $920 3648 Pinecrest Ct. 10-57600-150-01 1 $920 $920 3649 Pinecrest Ct. 10-57600-030-01 1 - $920 $920 3652 Pinecrest Ct. 10-57600-140-01 1 $920 $920 3653 Pinecrest Ct. 10-57600-040-01 1 $920 $920 3656 Pinecrest Ct. 10-57600-130-01 1 $920 $920 3657 Pinecrest Ct. 10-57600-050-01 1 $920 $920 3660 Pinecrest Ct. 10-57600-120-01 1 $920 $920 3661 Pinecrest Ct. 10-57600-060-01 1 $920 $920 3664 Pinecrest Ct. 10-57600-110-01 1 $920 $920 3665 Pinecrest Ct. 10-57600-070-01 1 $920 $920 3668 Pinecrest Ct. 10-57600-100-01 1 $920 $920 3669 Pinecrest Ct. 10-57600-080-01 1 $920 $920 3672 Pinecrest Ct. 10-57600-090-01 1 $920 $920 Subtotal 17 $15,640 Grand Total 27 $24,8401 /(,5- COMMUNITY CTR, UARRY 27 YANKEE DOODLE ROAD Project Location ROYAL ?w OAiC CIR A O?C?W tsr ? OOd 16 U CRESTRIDG LN. w z 10 INGSWOOD POND FISH LAKE OVERLOOK PARK 8 C G: Pmect & ConrvcS 3nformviivn 100,'+. Feosihili Report Luco[ion P]on 11/25/8 Pinecrest of Eagan Street Revitalization Fig. 1 Engineering Department Location Map - Project 1002 ' may,- ?" t 7 NOR7F[ c _y ' E A e S Z s t r t f S f a { s. ?? ? y l?_. -?C f ? 't µ J ? k?'t fr E y, C): ?Y P?Pf F C t RESTfiC]GL } n 1 a n 4 ry' ai sF 4 a 35Q1u r ?' 363- " L l 3633 R01 3633 O 36 2 ?7 li .3 r JFr f - t , -awns 636 _ :s 3618 M Xa c X65 L 1 A2 1657 -411, M b .. K 3663? A -4- X361# r 13 6B5p `} a -H 1 {C i RIN, 9 , F1S3.H LAKE ?}I >• s a? r ASSESSABLE AREA Pinecrest of Eagan City of Faun Street Revitalization Project 1002 Fig. 2 Engineering Department Assessments 1 Street Improvement Area 117 3" BITUMINOUS SURFACE EX. D412 CURB 6" 5 AGGREGATE BASE & GUTTER Existing Ty'p'ical Section 6t3' ROW EDGE MILL (6'-8' wide) TYp EX. CURB & S DIRECTED U V4. a n.a?anc.arti e c vn.J?c Bituminous Street Overlay Proposed Typical Section 11-25-05 Pinecrest of Eagan City of Eap Street Revitalization Fig.3 Engineering Department Project 1002 - Typical Section 1) ? CITY PROJECT NO 1002 INFORMATIONAL NEIGHBORHOOD MEETING PINECREST OF EAGAN STREET REVITALIZATION THURSDAY, JANUARY 15, 2009 6:00 P.M. CITY HALL EAGAN ROOM Attendance: John Gorder, Assistant City Engineer, 1 resident representing 1 property (see attached sign-in sheet). A. Presentation of Project Details • Gorder welcomed the property owner and presented project information, including details such as construction, costs, schedule and assessments. B. Questions/ Comments • The resident and Gorder discussed items outside the scope of this project, vehicle speeding on Crestridge Drive and the installation of rain gardens on residential properties. The meeting adjornned at 6:25 p.m. IN NEIGHBORHOOD MEETING Pinecrest of Eagan City Project 1002 City Thursday, January 15, 2009 of 1 EaEan 6:00 P.M. NAME ADDRESS 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 1U G:1Forms\Sign-In Sheets\SlGN-IN.SHT & Jogo.doc Agenda Information Memo January 20, 2009 Eagan City Council Meeting C. PROJECT 980, HAMPTON HEIGHTS/ STONEY POINT/ BLACKHAWK GLEN STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 980, Hampton Heights/. Stoney Point/ Blackhawk Glen (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past nineteen years, the City has rehabilitated approximately 135 miles of local streets. • The resurfacing of the numerous streets within the Hampton Heights/ Stoney Point/ Blackhawk Glen neighborhood in central Eagan has been programmed for 2009 in the City's 5-Year Capital Improvement Program. ¦ On June 3, 2008 the City Council directed staff to prepare a feasibility report considering a rehabilitation of these streets. • On December 16, 2008, the feasibility report for Project 980 was presented to the City Council and a Public /Hearing was scheduled for January 20 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on January 15 for the adjacent property owners and representatives to discuss the proposed improvements. Of the 330 total properties (327 Single-Family Residential, 2 Commercial/ Industrial, 1 City Park) proposed to be assessed under this improvement, 9 residents representing 8 properties attended the meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pagos faa?hrough • Neighborhood Meeting Minutes, page RI.f ! ,50 lad City of Eaaall Report for Stoney Point/ Hampton Heights/ Blackhawk Glen Additions Street Revitalization City Project No. 980 January 2009 lao City of Eapn Mike Maguire Mayor Paul Bakken Cyndee Fields Gary Hansen Meg Tilley Council Members Thomas Hedges City Administrator Municipal Center 3830 Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD Maintenance Facility 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cityofeagan.com The Lone Oak Tree The symbol of strength and growth in our community. January 14, 2009 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Stoney Point/ Hampton Heights/ Blackhawk Glen Additions Street Revitalization City Project No. 980 Dear Mayor and City Council: Attached is our report for the Stoney Point/ Hampton Heights/ Blackhawk Glen Additions Street Revitalization, City Project No. 980. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Sincerely, John P. Gorder Assistant City Engineer I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. `? -/t John P. Gorder Date: i' i I U7 I Reg. No. 22813 Reviewed By: s Dept. of Punic Works Date: 6 J0 n Reviewed Finance De Date: € L 7 9 105 TABLE OF CONTENTS Page # Introduction .............................................................................................. Scope ...................................................................................................... 2 Feasibility and Recommendations ..................................................... ............2 Street Evaluation ........................................................................................ 2 Proposed Improvements ................................................................................ 3 Easements/ Permits ..................................................................................... 5 Cost Estimate ............................................................................................5 Assessments .............................................................................................. 5,6 Assessment Financing Options.. ....................................................................... 7 Revenue Source ..........................................................................................7 Project Schedule ........................................................................................ 8 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2A, 2B, 2C Street Improvement/Assessment Area Map - 3 Typical Section - Overlay lad January 2009 Stoney Point/ Hampton Heights/ Blackhawk Glen Additions Street Revitalization Eagan, Minnesota Introduction/ History Streets - As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The 3.7 miles of local residential streets in west central Eagan are identified for the 2009 overlay improvements. Figure 1, located in Appendix C, illustrates the project location. These streets are single family residential streets constructed between 1975 and 1988. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20 years. Overlaying these roadways, which are presently at the 20-33 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of these pavements. The City of Eagans maintenance records indicate that these streets were seal coated for the first time in 1988 through 1993 and again between 1998 and 2001. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of these streets under consideration, where necessary. These repairs alone will not substantially extend the life /as- 1 expectancy of the street pavement if not combined with the proposed bituminous overlay proposed with this project. The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no major repairs are necessary. Scope This project will provide resurfacing (edge mill and overlay) for approximately 3.7 miles of roadway. Figure 2A-2C in Appendix C, illustrate the project limits. Included in this project are the following improvements; replacement of damaged curb and gutter, adjustments and/or replacement to sanitary/storm sewer utility castings, water gate valves, street signage, and pedestrian ramps. Feasibility and Recommendations The mill a overlay project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride ability, and add structural strength. The mill a overlay portion of the project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of this street. The mill ft overlay is feasible in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2009 - 2013) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI i Recommended Improvement 156 100 1 R uo tine Maintenance/Crack Seal/Seal Coat.. 36 - 55 [Patch/Repair and/or Overlay 0 - 35 Reconstruct ?ate 2 The 2008 PCI rankings for the streets in this area have a weighted average pavement condition rating of 47 which falls in the middle rankings of the "Patch/Repair and/or Overlay" category mostly because of the preparatory maintenance performed by City crews, as mentioned above. Therefore, based on this PC] rating, the 2009 construction season is the optimal time to construct the bituminous overlay on this street. Proposed Improvements Pavement - The proposed street improvements are shown in Figure 3. The existing street section for these residential streets consists of 3" bituminous pavement supported by 6" gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter (6-8 ' wide) to accommodate a I Y2-inch bituminous overlay. The overlay, combined with E, i7§', M'7 TORNIMM § 7T the existing street section, will provide a street section consistent with current City standards for residential streets. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb at gutter - Damaged curb £t gutter and sidewalk will be replaced if severely cracked, spatted, or settled. Boulevard turf will be removed and replaced. While the contractor who performs the work is responsible for its establishment in the first 30 days after placement, adjacent property owners are encouraged to consistently water the new turf, where possible, to help ensure its growth. A significant amount of the curb £t gutter on Federal Court is badly spatted. It is proposed under this project to remove and replace a majority of the concrete curb on Federal Court. 1 o -7 3 Signage - All traffic control and street identification signage within the project limits will be replaced due to diminished reflectivity, deteriorated support posts, and the signs or posts no longer meeting City and State standards. Sidewalk/ Path Pedestrian Ramps - Recent revisions to the Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of sidewalks and paths with public streets that are improved, including mill Et overlay improvements. The most common method of providing this detectable warning is through the installation of truncated domes a minimum of two feet in length across the width of all pedestrian ramps. This project provides for the installation of truncated dome pedestrian ramps at various locations as needed in this project area. Mailbox Repair - Some mailboxes within the Stoney Point/ Hampton Heights/ Blackhawk Glen Addition neighborhoods have been identified as "at risk" of being damaged during winter snow and ice operations by the City Street Maintenance Division. These mailboxes are installed too low or close to the curb, or aged and deteriorated so that they may not withstand the impact of the snow from a plow. City staff is communicating to homeowners through mailings about these mailbox problems, specifically in the proposed 2009 street revitalization neighborhoods. Homeowners with at- risk mailboxes. wilt have the option of repairing the boxes individually, or by signing a waiver to allow the City to repair and have the cost assessed to the property. Because the cooperation of property owners, and therefore City involvement, is uncertain, costs for City repair and special assessment is not included in this report. 1 ac 4 Easement/Permits All work will be in the public right-of-way. No additional easements will be necessary. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2009 construction costs and include a 5% contingency and indirect cost of 30%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Stoney Point/ Hampton Heights/ Biackhawk Glen Additions • Edge Mill and Overlay w/ Signage .................... $577,880 • Repair Existing Concrete Curb It Gutter............ 231 650 Total .......................................... $809,530 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for local streets. All assessments will be revised based on final costs. A portion of the street frontage is unassessable and not included in the estimated assessment calculations below. A preliminary assessment roll is included in Appendix B. ia? 5 City Special Assessment Policy Mill and Overlay/Signage • Low Density Residential (R-1,2,3) City Park Property • Commercial/ Industrial Repair Existing Concrete Curb Et Gutter Assessment Ratio Property city 50% 50% 50% 50% 100% 0% 0% 100% Low Density Residential Lots (R-1, R-2, R-3) - All residential equivalent properties (327 Total, all single-family) as shown on Figures 2A/B/C, having direct driveway access on to the streets to be improved are proposed to be assessed, based on the amount of front footage adjacent to the streets within the project. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties (R-1, R-2, R-3) based on a normal residential width street (32 feet). The estimated cost per residential lot equivalent to be assessed based on the City Assessment Policy is $707 per Single Family Lot and is calculated as follows: 30,759 Single Family Front Footage/38,578 Total, Front Footage = 80% [$577,877 (Mill Et Overlay Cost + Signage Cost) x 50%] = $288,939 x 80% (Single Family Percentage) = $231,151 [Total Residential Assessment (R-1, 2, 3)] $231,151 (Total Residential Assessment 3 $707 / lot 327 Single Family Residential Lots Commercial/ Industrial - The commercial and industrial lots (BCBSM Et Delta Dental) as shown on Figure 2, adjacent to Ashbury Road are proposed to be assessed. The City's Assessment Policy states that 100% of the mill and overlay costs are assessable for commercial/ industrial streets, regardless of width. The estimated cost per adjacent front footage (net) to be assessed based on the City Assessment Policy is $14.851 front foot and is calculated as follows: % Commercial/Industrial Assessable = 1556 Front Feet! 38578 Total F.F. = 4.0% [$577,877 (Mill Et Overlay Cost) x 100% x 4%] =$23,115 (Total Commercial/ Industrial Assessment) $23,115 (Commercial/ Industrial Assessment) 4 $14.851 front foot 1,556 Front Feet Commercial/Industrial 30 6 rah City Park Property - Sky Hill Park, as shown on Figure 2, adjacent to Ashbury Road is proposed to be assessed. The City's Assessment Policy states that 50% of the milt and overlay costs are assessable for City park property adjacent to collector streets. The estimated cost per adjacent lot area (net) to be assessed based on the City Assessment Policy is $7.691 front foot and is calculated as follows: % City Park Assessable = 639 Front Feet/ 38, 578 Total F. F. ? 1.7% [$577,877 (Mitt Et Overlay Cost) x 50% x 1.7%] =$4,912(Total City Park Assessment) $4,912 (Park Assessment) -3 $7.691 front foot 639 Front Feet Park Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years for residential property, 10 years commercial/ industrial, with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule is based on an estimated 6.5% interest rate for the assessed amounts: Single Family Residential Lot = $707 First Year Fifth Year Revenue Source Principal Interest Cost Per Year Per Year Per Year - -- $141 _ _ - ? ----- $46 - -- - $187 $141 $ 9 $150 A summary of revenue sources is listed below: Mill and Overlay (with Signage) Repair Existing Curb Total Project Cost $577,880 236,430 809,530 259,180 $550,350 The City's Major Street Fund will finance the estimated project deficit of $550,350 (68% of total) Property City Assessment Con' 59,180 $318,700 .0. f3 7 Project Schedule Present Feasibility Report to City Council/ Order Public Hearing ................................. December 16, 2008 Informational Meeting ..................................................... January 15, 2009 Public Hearing ..................................................... January 20, 2009 Approve Plans and Specifications .......................................... February, 2009 Award Contract ............................................................ March, 2009 Project Completion .......................................................... August, 2009 Final Cost Report ..................................................... September, 2009 Final Assessment Hearing .......................................................... Fall, 2009 First Payment Due with Property Tax Statement ........................... May 15, 2010 153 Appendix A -Street Overlay - City Project No. 980 Preliminary Cost Estimate Stnneu Pointe/ Hampton Heiahtsf Blackhawk Glen Additions Part I - Project 980 Stoney Pointe/ Hampton Heights/ Blackhawk Glen Additions - Bituminous Street Overlay Item No. Item Unit Estimated Qty Unit Price Estimated Cost 2021.501 Mobilization LS 1.00 7,000.00 7,000.00 2232.501 Mill Bituminous Pavement (1 1/4" depth} SY 27,500 0.53 13,750.00 2350.501 Type LVWE45030B Wearing Course Mixture TON 5,700 60.00 342,000.00 2357.502 Bituminous Material for Tack Coat GAL 3,100 3.10 9,610.00 2504.602 Adjust Frame and Ring Castin (Manhole) EA 27 450.00 12,150.00 2504.602 Adjust Manhole Casting - Riser-Adjustment EA 76 195.00 14,820.00 2504.602 Adjust Water Valve Box EA 49 175.00 8,575.00 2504.602 Repair Gate Valve Mid Section EA 1 250.00 250.00 2504.602 Repair Gate Valve Top Section w! over EA 1 240.00 240.00 2582.502 4" Double Solid Line Yellow - Epoxy LF 1,840 0.45 810.00 2582.502 24" Solid Line White - Epoxy LF 75 4.50 337.50 2582.503 Zebra Crosswalk White - Epoxy SF 192 4.35 835,20 2506.602 Remove and Replace casting (Manhole 1642B) EA 2 675.00 1,350.00 2563.601 Traffic Control LS 1.00 1,625.00 1,625.60 2563.618 Remove & Replace Signage LS 1 10,000.00 10,000.00 Subtotal 423,352.70 (+5%) Contingencies 21,167.64 Subtotal 444,520.34 (+30%) Indirect Costs 133,356.10 Total Part I - Proj. 980 Stoney Pte.! Ham pto Hghts.1 Blackhawk Glen Addns. - Bituminous Street Overlay 577,876.44 Part Il - Project 980 Stoney Pointe! Hampton Heights/ Blackhawk Glen Additions - Repair Existing Concrete Curb & Gutter Item No. Item Unit Estimated Qt Unit Estimated Price Cost 2104.501 Remove Concrete Curb & Gutter LF 5,100 5.00 25,500.00 2104.503 Remove 4" Concrete Sidewalk S. F 875 2.00 1,750.00 2104.505 Remove Concrete Valley Gutter/Pavement SY 135 12.00 1,620.00 2105.526 Select Topsoil Borrow CY 40 27.00 1,080.00 2211.501 Aggregate Base, Cl. 5 (100° Crushed) TON 30 15.40 462.00 2350.503 Type LVWE45030B Wear Course - 2" Trail Patch Ton 5.0 90.00 450.00 2350.503 Type LVWE45030B Wear Course - Driveways Ton 20 90.00 1,800.00 2350.505 Type LVWE45030B Wear Course - Street Patch TON 250 90.00 22,500.00 2504.602 1 Repair Residential Sprinkler Head EA 10 50.00 500.00 13? Part II - Project 980 Stone Poi ntel Hampton H e i hts! Blackhawk Glen Additions - Repair Existing Concrete [:urn & gutter - Conra. Item No Item Unit Estimated Q Unit Price Estimated Cost - 2506,602 Remove & Replace Casting (Catch Basin) EA 1 515.00 515.00 2521.501 4" Concrete Sidewalk SF 875 3.50 3,062.50 2521.501 4" Concrete Ped Ramp wiWet Cast for SF 500 4.00 2,000.00 Truncated Dome Inset 2531.501 Concrete Curb & Gutter D412 LF 4,300 15.00 64,500.00 2531.501 Concrete Curb & Gutter 6618 LF 800 16.00 12,800.00 2531.604 Concrete Valley Gutter SY 175 45.00 7,875.00 2631,618 Truncated Dome Detectable Warning Paver SF 124 45.00 5,580.00 2540.602 Repair Residential Landscaping EA 3 215.00 645.00 2575.505 Soddi€ng, Type Lawn Hi hland) SY 1,100 5.00 5,500.00 2575.551 Compost, Grade 1 TON 100 13.50 1,350.00 Subtotal 169,709.54 (+5%) Contingencies 8,485.48 Subtotal 178,194.98 (+30%) Indirect Costs 53,458.49 ................- Total Part II - Pro]. 980 Stoney Pte.! Hampton Hghts.1 Blackhawk Glen Addns. - Repair Existing Concrete Curb & Gutterl 231.653.47 Total Project Cost = $809,530 Appendix B - City Project No. 980 Preliminary Assessment Roll Stoney Point/ Hampton Heights/ Blackhawk Glen Additions Low Density Residential P.1.N. Lot Equivalent Unit Assessment Total Ashbury Court 1560 ASHBURY CT 10-14351-110-02 1 $707.00 $707.00 1563 ASHBURY CT 10-14351-100-02 1 $707.00 $707.00 1564 ASHBURY CT 10-14351-120-02 1 $707.00 $707.00 1567 ASHBURY CT 10-14351-090-02 1 $707.00 $707.00 1568 ASHBURY CT 10-14351-130-02 1 $707.00 $707.00 1571 ASHBURY CT 10-14351-080-02 1 $707.00 $707.00 1572 ASHBURY CT 10-14351-140-02 1 $707.00 $707.00 1575 ASHBURY CT 10-14351-070-02 1 $707.00 $707.00 1576 ASHBURY CT 10-14351-150-02 1 $707.00 $707.00 1579 ASHBURY CT 10-14351-062-02 1 $707.00 $707.00 1580 ASHBURY CT 10-14351-160-02 1 $707.00 $707.00 1583 ASHBURY CT 10-14351-061-02 1 $707.00 $707.00 Subtotal 12 Ashbury Place 1552 ASHBURY PL 10-14350-160-01 1 $707.00 $707.00 1553 ASHBURY PL 10-14350-150-01 1 $707.00 $707.00 1556 ASHBURY PL 10-14350-170-01 1 $707.00 $707.00 1557 ASHBURY PL 10-14350-140-01 1 $707.00 $707.00 1560 ASHBURY PL 10-14350-180-01 1 $707.00 $707.00 1561 ASHBURY PL 10-14350-130-01 1 $707.00 $707.00 1564 ASHBURY PL 10-114350-190-01 1 $707.00 $707.00 1565 ASHBURY PL 10-14350-120-01 1 $707.00 $707.00 1568 ASHBURY PL 10-14350-200-01 1 $707.00 $707.00 1569 ASHBURY PL 10-14350-110-01 1 $707.00 $707.00 1572 ASHBURY PL 10-14350-210-01 1 $707.00 $707.00 1573 ASHBURY PL 10-14350-100-01 1 $707.00 $707.00 1576 ASHBURY PL 10-14350-220-01 1 $707.00 $707.00 1577 ASHBURY PL 10-14350-090-01 1 $707.00 $707.00 1580 ASHBURY PL 10-14350-230-01 1 $707.00 $707.00 1581 ASHBURY PL 10-14350-080-01 1 $707.00 $707.00 1584 ASHBURY PL 10-14350-240-01 1 $707.00 $707.00 1588 ASHBURY PL 10-14351-010-03 1 $707.00 $707.00 1589 ASHBURY PL 10-14350-070-02 1 $707.00 $707.00 1592 ASHBURY PL 10-14351-020-03 1 $707.00 $707.00 1595 ASHBURY PL 10-14351-110-04 1 $707.00 $707.00 1596 ASHBURY PL 10-14351-030-03 1 $707.00 $707.00 1600 ASHBURY PL 10-14351-040-03 1 $707.00 $707.00 1601 ASHBURY PL 10-14351-100-04 1 $707.00 $707.00 1604 ASHBURY PL 10-14351-050-03 1 $707.00 $707.00 1607 ASHBURY PL 10-14351-090-04 1 $707.00 $707.00 1608 ASHBURY PL 10-14351-060-03 1 $707.00 $707.00 1612 ASHBURY PL 10-14351-070-03 1 $707.00 $707.00 1613 ASHBURY PL 10-14351-080-04 1 $707.00 $707.00 1616 ASHBURY PL 10-14351-080-03 1 $707.00 $707.00 11619 ASHBURY PL 10-14351-070-04 1 $707.00 $707.00 131 1620 ASHBURY PL 10-14351-090-03 1 $707.00 $707.00 1624 ASHBURY PL 10-14351-100-03 1 $707.00 $707.00 1625 ASHBURY PL 10-14351-060-04 1 $707.00 $707.00 1628 ASHBURY PL 10-14351-110-03 1 $707.00 $707.00 1631 ASHBURY PL 10-14351-050-04 1 $707.00 $707.00 1632 ASHBURY PL 10-14351-120-03 1 $707.00 $707.00 1636 ASHBURY PL 10-14351-130-03 1 $707.00 $707.00 1637 ASHBURY PL 10-14351-040-04 1 $707.00 $707.00 1640 ASHBURY PL 10-14351-140-03 1 $707.00 $707.00 1643 ASHBURY PL 10-14351-030-04 1 $707.00 $707.00 1644 ASHBURY PL 10-14351-150-03 1 $707.00 $707.00 1649 ASHBURY PL 10-14351-020-04 1 $707.00 $707.00 1655 ASHBURY PL 10-14351-010-04 1 $707.00 $707.00 Subtotal 44 Ashbury Road 3573 ASHBURY RD 10-14351-290-03 1 $707.00 $707.00 3581 ASHBURY RD 10-14351-280-03 1 $707.00 $707.00 3589 ASHBURY RD 10-14351-270-03 1 $707.00 $707.00 3597 ASHBURY RD 10-14351-260-03 1 $707.00 $707.00 3605 ASHBURY RD 10-14351-250-03 1 $707.00 $707.00 3613 ASHBURY RD 10-14351-240-03 1 $707.00 $707.00 3620 ASHBURY RD 10-14351-010-01 1 $707.00 $707.00 3621 ASHBURY RD 10-14351-230-03 1 $707.00 $707.00 3624 ASHBURY RD 10-14351-020-01 1 $707.00 $707.00 3625 ASHBURY RD 10-14351-220-03 1 $707.00 $707,00 3628 ASHBURY RD 10-14351-030-01 1 $707.00 $707.00 3629 ASHBURY RD 10-14351-210-03 1 $707.00 $707.00 3632 ASHBURY RD 10-14351-040-01 1 $707.00 $707.00 3633 ASHBURY RD 10-14351-200-03 1 $707.00 $707.00 3636 ASHBURY RD 10-14351-010-02 1 $707.00 $707.00 3637 ASHBURY RD 10-14351-190-03 1 $707.00 $707.00 3640 ASHBURY RD 10-14351-020-02 1 $707.00 $707.00 3641 ASHBURY RD 10-14351-180-03 1 $707.00 $707.00 3644 ASHBURY RD 10-14351-030-02 1 $707.00 $707.00 3645 ASHBURY RD 10-14351-170-03 1 $707.00 $707.00 3648 ASHBURY RD 10-14351-040-02 1 $707.00 $707.00 3649 ASHBURY RD 10-14351-160-03 1 $707.00 $707.00 3656 ASHBURY RD 10-14350-010-01 1 $707.00 $707.00 3660 ASHBURY RD 10-14350-020-01 1 $707.00 $707.00 3661 ASHBURY RD 10-14350-010-02 1 $707.00 $707.00 3664 ASHBURY RD 10-14350-030-01 1 $707.00 $707.00 3665 ASHBURY RD 10-14350-020-02 1 $707.00 $707.00 3668 ASHBURY RD 10-14350-040-01 1 $707.00 $707.00 3669 ASHBURY RD 10-14350-030-02 1 $707.00 $707.00 3672 ASHBURY RD 10-14350-050-01 1 $707.00 $707.00 3673 ASHBURY RD 10-14350-040-02 1 $707.00 $707.00 3676 ASHBURY RD 10-14350-060-01 1 $707.00 $707.00 3677 ASHBURY RD 10-14350-050-02 1 $707.00 $707.00 3680 ASHBURY RD 10-14350-070-01 1 $707.00 $707.00 3681 ASHBURY RD 10-14350-060-02 1 $707.00 $707.00 3692 ASHBURY RD 10-14350-250-01 1 $707.00 $707.00 3693 ASHBURY RD 10-14350-010-03 1 $707.00 $707.00 3696 ASHBURY RD 10-14350-260-01 1 $707.00 $707.00 3697 ASHBURY RD 10-14350-020-03 1 $707.00 $707.00 1,37 3700 ASHBURY RD 10-14350-270-01 1 $707.00 $707.00 3701 ASHBURY RD 10-14350-030-03 1 $707.00 $707.00 xxx ASHBURY RD 10-75400-030-00 1 $707.00 $707.00 Subtotal 42 Baltic Avenue 3560 BALTIC AVE 10-31900-280-04 1 $707.00 $707.00 3564 BALTIC AVE 10-31900-270-04 1 $707.00 $707.00 3565 BALTIC AVE 10-31900-050-03 1 $707.00 $707.00 3568 BALTIC AVE 10-31900-260-04 1 $707.00 $707,00 3569 BALTIC AVE 10-31900-060-03 1 $707.00 $707.00 3572 BALTIC AVE 10-31900-250-04 1 $707.00 $707.00 3575 BALTIC AVE 10-31900-070-03 1 $707.00 $707.00 3576 BALTIC AVE 10-31900-240-04 1 $707.00 $707.00 3582 BALTIC AVE 10-31900-020-05 1 $707.00 $707.00 3586 BALTIC AVE 10-31900-010-05- 1 $707.00 $707.00 Subtotal 10 Blackhawk Hills Road 1559 BLACKHAWK HILLS RD 10-14350-330-01 1 $707.00 $707.00 1563 BLACKHAWK HILLS RD 10-14350-320-01 1 $707.00 $707.00 1567 BLACKHAWK HILLS RD 10-14350-310-01 1 $707.00 $707.00 1571 BLACKHAWK HILLS RD 10-14350-300-01 1 $707.00 $707.00 1575 BLACKHAWK HILLS RD 10-14350-290-01 1 $707.00 $707.00 1579 BLACKHAWK HILLS RD 10-14350-280-01 1 $707.00 $707.00 1586 BLACKHAWK HILLS RD 10-14352-010-02 1 $707.00 $707.00 Subtotal 7 Blackhawk Lake Drive 1403-BLACKHAWK LAKE DR 10-72600-100-01 1 $707.00 $707.00 1406 BLACKHAWK LAKE DR 10-72600-010-03 1 $707.00 $707.00 1407 BLACKHAWK LAKE DR 10-72600-110-01 1 $707.00 $707.00 1410 BLACKHAWK LAKE DR 10-72600-020-03 1 $707.00 $707.00 1411 BLACKHAWK LAKE DR 10-72600-120-01 1 $707.00 $707.00 1414 BLACKHAWK LAKE DR 10-72600-030-03 1 $707.00 $707.00 1415 BLACKHAWK LAKE DR 10-72600-130-01 1 $707.00 $707.00 1418 BLACKHAWK LAKE DR 10-72600-040-03 1 $707.00 $707.00 1419 BLACKHAWK LAKE DR 10-72600-140-01 1 $707.00 $707.00 1422 BLACKHAWK LAKE DR 10-72600-050-03 1 $707.00 $707.00 1423 BLACKHAWK LAKE DR 10-72600-150-01 1 $707.00 $707.00 1426 BLACKHAWK LAKE DR 10-72600-060-03 1 $707.00 $707.00 1427 BLACKHAWK LAKE DR 10-72600-160-01 1 $707.00 $707.00 1430 BLACKHAWK LAKE DR 10-72600-070-03 1 $707.00 $707.00 1431 BLACKHAWK LAKE DR 10-72601-010-03 1 $707.00 $707.00 1434 BLACKHAWK LAKE DR 10-72600-080-03 1 $707.00 $707.00 1435 BLACKHAWK LAKE DR 10-72600-010-02 1 $707.00 $707.00 1438 BLACKHAWK LAKE DR 10-72600-090-03 1 $707.00 $707.00 1439 BLACKHAWK LAKE DR 10-72600-020-02 1 $707.00 $707.00 1442 BLACKHAWK LAKE DR 10-72600-060-04 1 $707.00 $707.00 1446 BLACKHAWK LAKE DR 10-72600-070-04 1 $707.00 $707.00 1447 BLACKHAWK LAKE DR 10-72601-180-02 1 $707.00 $707.00 1449 BLACKHAWK LAKE DR 10-72601-190-02 1 $707.00 $707.00 Subtotal 23 Boardwalk 1589 BOARDWALK 10-31900-220-02 1 $707.00 $707.00 1590 BOARDWALK 10-31900-080-04 1 $707.00 $707.00 1593 BOARDWALK 10-31900-230-02 1 $707.00 $707.00 1594 BOARDWALK 10-31900-070-04 1 $707.00 $707.00 1597 BOARDWALK 10-31900-240-02 1 $707.00 $707.00 1598 BOARDWALK 10-31900-060-04 1 $707.00 $707.00 1601 BOARDWALK 10-31900-250-02 1 $707.00 $707.00 1602 BOARDWALK 10-31900-050-04 1 $707.00 $707.00 1605 BOARDWALK 10-31900-260-02 1 $707.00 $707.00 1606 BOARDWALK 10-31900-040-04 1 $707.00 $707.00 1609 BOARDWALK 10-31900-270-02 1 $707.00 $707.00 1610 BOARDWALK 10-31900-030-04 1 $707.00 $707.00 1613 BOARDWALK 10-31900-280-02 1 $707.00 $707.00 1616 BOARDWALK 10-31900-020-04 1 $707.00 $707.00 1617 BOARDWALK 10-31900-290-02 1 $707.00 $707.00 1620 BOARDWALK 10-31900-010-04 1 $707.00 $707.00 1621 BOARDWALK 10-31900-300-02 1 $707.00 $707.00 1625 BOARDWALK 10-31900-310-02 1 $707.00 $707.00 1628 BOARDWALK 10-31900-040-03 1 $707.00 $707.00 1629 BOARDWALK 10-31900-320-02 1 $707.00 $707.00 1632 BOARDWALK 10-31900-030-03 1 $707.00 $707.00 1633 BOARDWALK 10-31900-330-02 1 $707.00 $707.00 1636 BOARDWALK 10-31900-020-03 1 $707.00 $707.00 1637 BOARDWALK 10-31900-340-02 1 $707.00 $707.00 1641 BOARDWALK 10-31900-350-02 1 $707.00 $707.00 1644 BOARDWALK 10-31900-010-03 1 $707.00 $707.00 1645 BOARDWALK 10-31900-360-02 1 $707.00 $707.00 1649 BOARDWALK 10-31900-370-02 1 $707.00 $707.00 1653 BOARDWALK 10-31900-380-02 1 $707.00 $707.00 1657 BOARDWALK 10-31900-390-02 1 $707.00 $707.00 1660 BOARDWALK 10-31900-120-03 1 $707.00 $707.00 1661 BOARDWALK 10-31900-400-02 1 $707.00 $707.00 1664 BOARDWALK 10-31900-110-03 1 $707.00 $707.00 1665 BOARDWALK 10-31900-410-02 1 $707.00 $707.00 1669 BOARDWALK 10-31900-420-02 1 $707.00 $707.00 1673 BOARDWALK 10-31900-430-02 1 $707.00 $707.00 1674 BOARDWALK 10-31900-100-03 1 $707.00 $707.00 1677 BOARDWALK 10-31900-440-02 1 $707,00 $707.00 1681 BOARDWALK 10-31900-450-02 1 $707.00 $707.00 1682 BOARDWALK 10-31900-090-03 1 $707.00 $707.00 1685 BOARDWALK 10-31900-460-02 1 $707.00 $707.00 1686 BOARDWALK 10-31900-080-03 1 $707.00 $707.00 1689 BOARDWALK 10-31900-470-02 1 $707.00 $707.00 Subtotal 43 Coachman Road 3470 COACHMAN RD 10-31900-010-01 1 $707.00 $707.00 3474 COACHMAN RD 10-31900-020-01 1 $707.00 $707.00 3478 COACHMAN RD 10-31900-030-01 1 $707.00 $707.00 3482 COACHMAN RD 10-31900-040-01 1 $707.00 $707.00 3485 COACHMAN RD 10-31900-130-02 1 $707.00 $707.00 3486 COACHMAN RD 10-31900-050-01 1 $707.00 $707.00 3490 COACHMAN RD 10-31900-060-01 1 $707.00 $707.00 3491 COACHMAN RD 10-31900-140-02 1 $707.00 $707.00 3494 COACHMAN RD 10-31900-070-01 1 $707.00 $707.00 f39 3497 COACHMAN RD 10-31900-150-02 1 $707.00 $707.00 3498 COACHMAN RD 10-31900-080-01 1 $707.00 $707.00 3502 COACHMAN RD 10-31900-090-01 1 $707,00 $707.00 3503 COACHMAN RD 10-31900-160-02 1 $707.00 $707.00 3506 COACHMAN RD 10-31900-100-01 1 $707.00 $707.00 3509 COACHMAN RD 10-31900-170-02 1 $707.00 $707.00 3510 COACHMAN RD 10-31900-110-01 1 $707.00 $707.00 3514 COACHMAN RD 10-31900-120-01 1 $707.00 $707.00 3517 COACHMAN RD 10-31900-180-02 1 $707.00 $707.00 3518 COACHMAN RD 10-31900-130-01 1 $707.00 $707.00 3522 COACHMAN RD 10-31900-140-01 1 $707.00 $707.00 3523 COACHMAN RD 10-31900-190-02 1 $707.00 $707.00 3526 COACHMAN RD 10-31900-150-01 1 $707.00 $707.00 3527 COACHMAN RD 10-31900-200-02 1 $707.00 $707.00 3530 COACHMAN RD 10-31900-160-01 1 $707.00 $707.00 3533 COACHMAN RD 10-31900-210-02 1 $707.00 $707.00 3534 COACHMAN RD 10-31900-170-01 1 $707.00 $707.00 3538 COACHMAN RD 10-31900-180-01 1 $707.00 $707.00 3542 COACHMAN RD 10-31900-190-01 1 $707.00 $707.00 3546 COACHMAN RD 10-31900-200-01 1 $707.00 $707.00 3550 COACHMAN RD 10-31900-210-01 1 $707.00 $707.00 3554 COACHMAN RD 10-31900-220-01 1 $707.00 $707.00 3555 COACHMAN RD 10-31900-090-04 1 $707.00 $707.00 3558 COACHMAN RD 10-31900-230-01 1 $707.00 $707.00 3561 COACHMAN RD 10-31900-100-04 1 $707.00 $707.00 3562 COACHMAN RD 10-31900-240-01 1 $707.00 $707.00 3566 COACHMAN RD 10-31900-250-01 1 $707.00 $707.00 3569 COACHMAN RD 10-31900-160-04 1 $707.00 $707.00 3570 COACHMAN RD 10-31900-260-01 1 $707.00 $707.00 3574 COACHMAN RD 10-31900-270-01 1 $707.00 $707.00 3575 COACHMAN RD 10-31900-170-04 1 $707.00 $707.00 3578 COACHMAN RD 10-31900-280-01 1 $707.00 $707.00 3582 COACHMAN RD 10-31900-290-01 1 $707.00 $707.00 Subtotal 42 Federal Court 1482 FEDERAL CT 10-72600-090-01 1 $707.00 $707.00 1486 FEDERAL CT 10-72600-080-01 1 $707.00 $707.00 1490 FEDERAL CT 10-72600-070-01 1 $707.00 $707.00 1491 FEDERAL CT 10-72600-010-01 1 $707.00 $707.00 1494 FEDERAL CT 10-72600-060-01 1 $707.00 $707.00 1495 FEDERAL CT 10-72600-020-01 1 $707.00 $707.00 1498 FEDERAL CT 10-72600-050-01 1 $707.00 $707.00 1499 FEDERAL CT 10-72600-030-01 1 $707.00 $707.00 1502 FEDERAL CT 10-72600-040-01 1 $707.00 $707.00 Subtotal 9 Lakeview Circle 1518 LAKEVIEW C1 R. 10-72600-030-04 1 $707.00 $707.00 Subtotal 1 Lakeview Curve 1500 LAKEVIEW CURV 10-72600-010-04 1 $707.00 $707.00 1503 LAKEVIEW CURV 10-72600-150-03 1 $707.00 $707.00 1507 LAKEVIEW CURV 10-72600-140-03 1 $707.00 $707.00 I40 1511 LAKEVIEW CURV 10-72600-130-03 1 $707.00 $707.00 1514 LAKEVIEW CURV 10-72600-020-04 1 $707.00 $707.00 1515 LAKEVIEW CU RV 10-72600-120-03 1 $707.00 $707..00 1519 LAKEVIEW CURV 10-72600-110-03 1 $707.00 $707.00 1522 LAKEVIEW CURV 10-72600-040-04 1 $707.00 $707.00 1523 LAKEVIEW CURV 10-72600-100-03 1 $707.00 $707.00 1526 LAKEVIEW CURV 10-72600-050-04 1 $707.00 $707.00 1535 LAKEVIEW CURV 10-72601-110-03 1 $707.00 $707.00 1539 LAKEVIEW CURV 10-72601-100-413 1 $707.00 $707.00 1542 LAKEVIEW CURV 10-72601-170-02 1 $707.00 $707.00 1546 LAKEVIEW CURV 10-72601-160-02 1 $707.00 $747.00 1550 LAKEVIEW CURV 10-72601-150-02 1 $707.00 $707.00 1551 LAKEVIEW CURV 10-72601-090-03 1 $707.00 $707.00 1554 LAKEVIEW CURV 10-72601-140-02 1 $707.00 $707.00 1558 LAKEVIEW CURV 10-72601-130-02 1 $707.00 $707.00 1559 LAKEVIEW CURV 10-72601-080-03 1 $707.00 $7437.00 1562 LAKEVIEW CURV 10-72601-120-02 1 $707.00 $707.00 1563 LAKEVIEW CURV 10-72601-070-03 1 $707.00 $707.00 1566 LAKEVIEW CURV 10-72601-110-02 1 $707.00 $707.00 1567 LAKEVIEW CURV 10-72601-060-03 1 $707.00 $707.00 1570 LAKEVIEW CURV 10-72601-100-02 1 $707.00 $707.00 1571 LAKEVIEW CURV 10-72601-050-03 1 $707.00 $707.00 1574 LAKEVIEW CURV 10-72601-090-02 1 $707.00 $707.00 1578 LAKEVIEW CURV 10-72601-080-02 1 $707.00 $707.40 1582 LAKEVIEW CURV 10-72601-070-02 1 $707.00 $707.00 1586 LAKEVIEW CURV 10-72601-060-02 1 $707.00 $707.00 Subtotal 29 Lakeview Trail 3602 LAKEVIEW TRL 10-72601-010-01 1 $707.00 $707.00 3603 LAKEVIEW TRL 10-72601-010-02 1 $707.00 $707.00 3606 LAKEVIEW TRL 10-72601-020-01 1 $707.00 $707.00 3607 LAKEVIEW TRL 10-72601-020-02 1 $707.00 $707.00 3610 LAKEVIEW TRL 10-72601-030-01 1 $707.00 $707.00 3611 LAKEVIEW TRL 10-72601-030-02 1 $707.00 $707.00 3614 LAKEVIEW TRL 10-72601-040-01 1 $707.00 $707.00 3615 LAKEVIEWTRL 10-72601-040-02 1 $707.00 $707.00 3618 LAKEVIEWTRL 10-72601-050-01 1 $707.00 $707.00 3619 LAKEVIEWTRL 10-72601-050-02 1 $707.00 $707.00 3622 LAKEVIEW TRL 10-72601-060-01 1 $707.00 $707.00 3626 LAKEVIEW TRL 10-72601-070-01 1 $707.00 $707.00 3627 LAKEVIEW TRL 10-72601-040-03 1 $707.00 $707.00 3630 LAKEVIEW TRL 10-72601-080-01 1 $707.00 $707.00 3631 LAKEVI EW TRL 10-72601-030-03 1 $707.00 $707.00 3635 LAKEVIEW TRL 10-72601-020-03 1 $707.00 $707.00 Subtotal 16 Pacific Avenue 1572 PACIFIC AVE 10-31900-120-05 1 $707.00 $707.00 1576 PACIFIC AVE 10-31900-110-05 1 $707.00 $707.00 1577 PACIFIC AVE 10-31900-310-01 1 $707.00 $707.00 1580 PACIFIC AVE 10-31900-100-05 1 $707.00 $707.00 1581 PACIFIC AVE 10-31900-300-01 1 $707.00 $707.00 1584 PACIFIC AVE 10-31900-090-05 1 $707.00 $707.00 1588 PACIFIC AVE 10-31900-080-05 1 $707.00 $707.00 I q-1 1589 PACIFIC AVE 10-31900-180-04 1 $707.00 $707.00 1592 PACIFIC AVE 10-31900-070-05 1 $707.00 $707.00 1593 PACIFIC AVE 10-31900-190-04 1 $707.00 $707.00 1596 PACIFIC AVE 10-31900-060-05 1 $707.00 $707.00 1597 PACIFIC AVE - 10-31900-200-04 1 $707.00 $707.00 1600 PACIFIC AVE 10-31900-050-05 1 $707.00 $707.00 1601 PACIFIC AVE 10-31900-210-04 1 $707.00 $707.00 1604 PACIFIC AVE 10-31900-040-05 1 $707.00 $707.00 1605 PACIFIC AVE 10-31900-220-04 1 $707.00 $707.00 1608 PACIFIC AVE 10-31900-030-05 1 $707.00 $707.00 1609 PACIFIC AVE 10-31900-230-04 1 $707.00 $707.00 Subtotal 18 Park Place 1599 PARK PL 10-31900-110-04 1 $707.00 $707.00 1600 PARK PL 10-31900-150-04 1 $707.00 $707.00 1604 PARK PL 10-31900-140-04 1 $707.00 $707.00 1605 PARK PL 10-31900-120-04 1 $707.00 $707.00 1608 PARK PL 10-31900-1130-04 1 $707.00 $707.00 Subtotal 5 St. Charles Place 3477 ST CHARLES PL 10-31900-010-02 1 $707.00 $707.00 3481 ST CHARLES PL 10-31900-020-02 1 $707.00 $707.00 3484 ST CHARLES PL 10-31900-120-02 1 $707.00 $707.00 3485 ST CHARLES PL 10-31900-030-02 1 $707.00 $707.00 3488 ST CHARLES PL 10-31900-110-02 1 $707.00 $707.00 3489 ST CHARLES PL 10-31900-040-02 1 $707.00 $707.00 3492 ST CHARLES PL 10-31900-100-02 1 $707.00 $707.00 3493 ST CHARLES PL 10-31900-050-02 1 $707.00 $707.00 3496 ST CHARLES PL 10-31900-090-02 1 $707.00 $707.00 3497 ST CHARLES PL 10-31900-060-02 1 $707.00 $707.00 3498 ST CHARLES PL 10-31900-080-02 1 $707.00 $707.00 3501 ST CHARLES PL 10-31900-070-02 1 $707.00 $707.00 Subtotal 12 Violet Lane 1476 VIOLET LN 10-82020-010-01 1 $707.00 $707.00 1478 VIOLET LN 10-82020-020-01 1 $707.00 $707.00 1480 VIOLET LN 10-82020-030-01 1 $707.00 $707.00 1482 VIOLET LN 10-82020-040-01 1 $707.00 $707.00 1484 VIOLET LN 10-82020-050-01 1 $707.00 $707.00 1486 VIOLET LN 10-82020-060-01 1 $707.00 $707.00 1488 VIOLET LN 10-82020-070-01 1 $707.00 $707.00 1490 VIOLET LN 10-82020-080-01 1 . $707.00 $707.00 1492 VIOLET LN 10-82020-090-01 1 $707.00 $707.00 1494 VIOLET LN 10-82020-100-01 1 $707.00 $707.00 1496 VIOLET LN 10-82021-010-01 1 $707.00 $707.00 1498 VIOLET LN 10-82021-020-01 1 $707.00 $707.00 1500 VIOLET LN 10-82021-030-01 1 $707.00 $707.00 1502 VIOLET LN 10-82021-040-01 1 $707.00 $707.00 Subtotal 14 Single Family Homes 327 $231190 140-15 Front Unit Commercial I Industrial P.I.N. Footage Assessment Total xxx ASHBURY RD 10-01600-014-30 184 $14.85 $2,732 3560 DELTA DENTAL DRIVE 10-13345-010-01 1,372 $14.85 $20,374 Commercial I Industrial Subtotal 1,556 $23,106 Front Unit City Park P.I.N. Footage Assessment Total xxx ASHBURY RD 10-01700-012-01 639 $7.69 $4,912 City Park Subtotal 639 $4,912 Total Assessments $259,180 143 4 Hampton Heights / Stoney Point / Blackhawk Glen City of Ea Street Revitalization Fig. 1 Engineering Department Location Map - Project 978 I # ! s ?:? :fr lQ 7?? 9£ alb LSeI N! m LL fl6?b 3 r $ ee CC _ f 5 r p6tq 10 r,?8E61 w ? m' er '.L: N't v ?ro ?,?r OOS ?k z jF n + m? n R ? Z Al 0 CO :?_ n Ego ? L _ s ,m ??? ° r :.A r' ? M _ l3J W m d "? toe ,.? C, E s?. o I ?w l?.'• 'n tr1 ?? ?, NO- u7 in ?? r?? r".? ? ui t .V C ?? z 4 7?rA ''' T "r '}•i .4-' C1, ['1 ih M w< ! ,s??.,,.r u7 i, tea- a fs,N -c- (D ID ,nF y-. ! r- m w' ? m yr -.r ?_1, ? ? kSn i•:? q t >?i r' rdr m rs ... ti v rnF e61o? •Q. C? [ .a U) '' FF } ..i ce f, v F ? ' r U) ?} P 1., m L ?S : x r P 4 r yI C7 c7 Sm I P M ? • [?']r .¢Z• ?••r A?l 9W [fl c? ,dam m. w m 'm •-mob a P ?'. ? C? l h. ilT _ y ?... K .C7k &? C7? r L* s (? ?U 1 cam.: s ro , My?FN ? ?1.LF 7}?8 `. r ir• a.? Wiz' '?'O'r : `L i 1 tam .{ $ Mme. S'J ?? :?? _ 3 lY r A`"f, - -_-?'?L• al 9z 'JIBES LLJ C\l UI e ?_ ! 10 T ' art LU LLJ 74, F- r Lrr _ ' OF ? m `?•-_. r o a rF c7 7 '.m. N E ?? ?RVI r 'nb ?'. ., A? :.ti 01 vF? i?.--? N ?.ra? ? 1n ? r h ? 1? .>n 1? vi ?n ss? ve m.+ en Ry ?` 00 x- r E M nt 1 wnt ¢. j v i ?L1 n? • : s: - ` ;y F - d1 ? .¢ ?i; of ? ? ? •?rn ?i' W Ater ti.. ? t'Y -: m _ of rn ?.-r m d ale rn ??'in ? frp ?•'? rt' -iI r r Vim` ?N ro' r vO1ii Grp . m.._ s'? cn N °' ' ( [}. V •? W .p1` :f In t^ ?? D1 ifl } m= ..S ?.., i nn m U rn o f ` c„ ' ,? { J T, V o r .° m ? :.?- Ali Q r E U Q F ?,? cr .. q- cC ??.. 9 r ?,l "_ 'Q `o inf - chi '?' .- mr.. 'o ?_ •? r ti ? ja) d 5T11 dH i5 r.? N C? J k .Yc? '?r/ '?. '? :.??. rt ut i. rn •? 3'?- c? - 2 V.(0 •5 V (jvaa? C ?I1 ?} fW cm7 ?f37bSin .r rii? cD 1.` r .•" ! Y h i _ r .. l [9 S •E91 - ?m'!? . ? 1 ;? ;?? ? rid L_r tz fir. m m2 mn D.. ? q VJ t !k_.? t j .t rte' TZ U _ T @3 F9P ? L^A91 ? LL, t 34 r U C r= S.L.J Y ,? C,y/ 0. 1 i yka" 'may ..f . Cl`'Y f Ali af. ? pMr ., hF y 1 .. ? i `? C rn T ?A ja- LU Z• ? '?n d u? ?mT' 'm ro_ 4r? rfl: ? ? 73 7 7177v, Y?.uy ? { W? m '` ik.7 rn J ?aaSL? '. ?' r O o %` q v S cs t _NH F1 I ll, Q STD a- o 4-0 ?i,. L i ? ! t i , ' ?, ?{ ?.. r ? •?.' -+f, st t ,mss z ; ? '-t ? 'iw ` ?, 1 w fz, o CU mp, P E L 1 f ?f ?' ?? ??";f '. ? r? J 1G l y ? 1 3'CyA 1'3'}'I?Ya??' t .? •?.?' ? V1 ? y ]] 4-0 rte: ?` 11J m {? N r y i p '. V-' LU sr `" .,x t _ .!.lt4:[ {,` ` ?x 3u° .. J 7?r r?,n F3` t i.Y,1 k r rL 3 ? 3 ?' a 50'-- 80' ROW L EX. D412 & B618 3" BITUMINOUS SURFACE CURB & GUTTER (4" BITUMINOUS SURFACE - FEDERAL DR.) 6"-S" CL. 5 AGGREGATE BASE Existing Typical Section 50'- 80` ROW 32' (F-F) EDGE MILLI 44' (F-F) FEDERAL DR. (G'-8' wide) Typ. 1112" WEAR COURSE BITUMINOUS OVERLAY 2350160 1 REPLACE EX. CURB & GUTTER AS DIRECTED BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE (4" BITUMINOUS SURFACE - FEDERAL DR.) 6"-8" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section FS-10-08 Hampton Heights 1 Stoney Point 1 Blackhawk Glen *City of Street Revitalization [ "To Fig. 3 Engineering Department Project 980 - Typical Section CITY PROJECT NO. 980 INFORMATIONAL NEIGHBORHOOD MEETING HAMPTON HEIGHTS/ STONEY POINT/ BLACKHAWK GLEN STREET REVITALIZATION THURSDAY, JANUARY 15, 2009 6:30 P.M. CITY HALL EAGAN ROOM Attendance: John Gorder, Assistant City Engineer, 9 residents representing 8 properties (see attached sign-in sheet). A. Presentation of Project Details ¦ Gorder welcomed the property owners and presented project information, including details such as construction, costs, schedule and assessments. B. Questions/ Comments • Will we be able to get into our driveways during construction? Access to driveways will be available during construction. Access may be limited if the concrete curb & gutter in front the driveways is in need of repair. The new concrete curb & gutter needs about 5 days to cure, so vehicles won't be allowed over it in those 5 days after placement. During this time, vehicles can be parked on the street. • The residents and Gorder discussed items outside the scope of this project, including the possible configuration of the future Ring Road bridge over 1-35E at Duckwood Drive, and the improvement schedule of other roadways in the City. The meeting adjourned at 7:00 p.m. fqc NEIGHBORHOOD MEETING Hampton Heights! Stoney Point! Blackhawk Glen City Project 980 Thursday, January 15, 2009 6:30 p.m. NAME 2. l 1Cif ?; 3. 4.?t J 5. 6. 7. 8. ADDRESS 1, / ?q -9 V t 2 is 7 ? Za 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:1Forms\Sign-1n Sheets\STGN-IN.SHT & logo.doc 9. Agenda Memo January 15, 2008 Vt. 2009 CALENDAR YEAR CITY ORGANIZATIONAL BUSINESS Each calendar year, Organizational Business is considered at the second regular City Council meeting in January. The items that require action of the City Council include: A. Acting Mayor B. Official Legal Newspaper C. City Council Meeting Dates D. City Council Meeting Procedures E. Standing Committee Appointments / Representative Appointments F. Elected Officials Out-of-State Travel Policy ACTING MAYOR A. Acting Mayor - There is a statutory requirement that a member of the City Council be appointed as Acting Mayor. All Councilmembers are eligible for this appointment. The Acting Mayor presides in the absence of Mayor Maguire at Council meetings and all other activities pertaining to the City of Eagan. Councilmember Peggy Carlson was Acting Mayor until her resignation in July 2008. Councilmember Paul Bakken was appointed Acting Mayor for the remainder of the year. REQUESTED ACTION: The Mayor is asked to appoint a member of the City Council as Acting Mayor, which must be ratified by the City Council. OFFICIAL LEGAL NEWSPAPER B. Official Legal Newspaper --- There is a statutory requirement to designate a legal newspaper as the official newspaper for the City. The City can only designate a legal newspaper of general circulation in the City as its official newspaper for publication of items required by law, and other matters that the Council deems advisable and in the public interest to be published. The City has received proposals from This Week 1 Dakota County Tribune, Inc. and Sun Newspapers. An actual cost comparison is difficult because of different type sizes, characters per line and lines per inch. The cost difference is not a significant factor in total. Currently, Thisweek Newspaper is the designated official legal newspaper and a lift rate into the Dakota County Tribune is offered. Deadlines for publication and publication dates match up much better with City activity with the Eagan Thisweek. Any agenda published in the Sun Current would need to be submitted to the paper more than one week in advance of the meeting and would be incomplete and may change between publication and the meeting, Tribune This Week Sun Current Legal Notices Deadline Tues 11:00 am Tues 4 pm Thurs 2 pm 151 Publication Thursday Saturday Wednesday Tribune This Week Sun Current Agendas Deadline Tues 11:00 am Wed 4 pm Wed 5 pm Publication Thursday Saturday Wednesday Proposals are attached on pages (5S through REQUESTED ACTION: Approve retention of Thisweek Newspaper as the City of Eagan's official legal newspaper. CITY COUNCIL MEETING DATES C. City Council Meetings - The City Council must designate the dates and times of regular City Council meetings, which have traditionally been the first and third Tuesday of each month at 6:30 p.m. A tentative schedule is attached on page !5 designating the first and third Tuesdays as regular City Council meeting dates, with the exception of August 4 (National Night Out), August 3 is recommended far that day; November 3 (Election Day), November 2 is recommended for that day. The first meeting in December may need to be changed once the date for Truth in Taxation is set. A Listening Session will be held at 6:00 p.m. before each regular City Council meeting. Also included on pager is a list of workshops to be scheduled at 5:30 p.m. the second and fourth Tuesdays of each month on an as needed basis with the exception of April 14 (Passover), April 13 is recommended f or that date. The fourth Tuesday is listed as tentative and may not be necessary. If the Council prefers an alternate date to the ones proposed on the schedule, this should be discussed at the meeting. REQUESTED ACTION: Approve or modify the 2009 Schedule of City Council Meetings as presented noting the alternate dates, if any. CITY COUNCIL MEETING PROCEDURES D. Council Meeting Procedures - The City Council has adopted Robert's Rules of Order to govern all business conducted at Regular City Council meetings. Enclosed on page D is a copy of an outline of a Regular City Council agenda for use by the Mayor and City Councilmembers as to how Robert's Rules will apply to the overall agenda. Also included on pages 10- through is a guideline of meeting procedures for use by the public when attending Regular City Council meetings. The audiences can vary from a school age child to a resident who may be attending their first meeting to an applicant who is very sophisticated in making presentations to City Councils nationwide. Therefore, the guideline was written for a diverse audience while retaining the main purpose to provide information and awareness on how a citizen can interact with the City Council during a Regular City Council meeting. REQUESTED ACTION: To acknowledge Robert's Rules of Order as the means to conduct official business at all Regular City Council meetings, and approve the attached guidelines/handout for public participation in City Council meetings. Visitors to be Heard - It has been past practice and policy that during the City Council filing period July --- November, during an election year, the Visitors to be Heard segment of the meeting shall occur for a period of time not to exceed ten minutes and will not be televised. (There is no municipal election proposed far 2009). REQUESTED ACTION: Ratify Council's past practice and policy that during the City Council filing period (July - November), Visitors to be Heard shall occur for a period of time not to exceed ten minutes and shall not be televised during this time. Adding an Item to the Agenda It has been the past practice of the City Council to require two members of the City Council to make a request of the City Administrator that an unscheduled item be added to a City Council meeting agenda. For example, if a resident has a concern needing a timely response and at least two members of the City Council would like to discuss the concern, the two Councilmembers could request that the City Administrator include the concern on the next workshop or regular City Council meeting. This practice of requiring two members of the City Council to place an item on an agenda does not usually apply to items of business that are already scheduled to go through the regular process and procedures such as development proposals, ordinance amendments, etc. If it is the Council's understanding that this again be the practice for 2009, formal ratification of the policy is requested. REQUESTED ACTION: Formally ratify the practice that at least two members of the City Council must make the request of the City Administrator to place an item on an upcoming City Council agenda. COUNCIL STANDING COMMITTEE AND REPRESENTATIVE APPOINTMENTS E. Council Committee Appointments - Standing committees of the City Council have been used to examine a specific subject matter at the request of the City Council. At a Special City Council meeting held on December 9, 2008 standing committee and representative appointments were given consideration. The 2009 standing committees presented at the December meeting are as follows: The Mayor and Council shall determine if members change or stay the same. Standing Committees: Finance Committee: Mayor Maguire and Councilmember Bakken Public Works Committee: Councilmember Fields and Councilmember Bakken Personnel Committee: Mayor Maguire and Councilmember Fields Communications Committee : Councilmember Tilley and Councilmember Hansen Advisory Commission Liaisons: Advisory Parks and Recreation Commission: Councilmember Tilley Advisory Planning Commission - Councilmember Hansen (5 Airport Relations Committee -- Councilmember Fields Telecommunications/Broadband Commission (if formed) -- Councilmember Bakken Inter overnmental Committee Appointments: Minnesota Valley Transit Authority Board - Councilmember Tilley Municipal Legislative Commission Board - Mayor Maguire (appointed Chair of MLC in 2008) Cedar Corridor Committee - Mayor Maguire (City Administrator as alternate) Monthly Mayor/Manager Breakfasts - Mayor Maguire MSP Noise Oversight Committee - Councilmember Fields (Assistant to Admin. Miller as alternate) Municipal Legislative Commission: Mayor Maguire MSP Noise Oversight Committee - Councilmember Fields (Assistant to City Administrator Miller as alternates) Eagan Convention and Visitors Bureau -- Mayor Maguire Other: Testimony at Legislature - all as needed AMM Board of Directors - Mayor Maguire Caponi Art Park Board -- Parks and Recreation Director Seydell-Johnson Breakfast with Mayor / Chamber of Commerce - Mayor Maguire Fire Relief Association Board of Trustees - State Statute 424A.04 requires that a relief association that is directly associated with a municipal fire department must be managed by a board of trustees consisting of nine members. Six trustees must be elected from the membership of the relief association and three trustees must be drawn from the officials of the municipality served by the fire department to which the relief association is directly associated. The three municipal trustees must be one elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually and the chief of the municipal fire department. In addition to Fire Chief Scott, the annual designations have been the Mayor and the Director of Administrative Services. REQUESTED ACTION: Ratify the appointed members of Council standing committees, intergovernmental committees and other appointments as amended. ELECTED OFFICIALS OUT-OF-STATE TRAVEL POLICY F. Annual approval of the Elected Officials Out-of-State Travel Policy, which was adopted on January 3, 2006, is required. The policy is attached as pages through(. REQUESTED ACTION: Approve the Elected Officials Out-of-State Travel policy. ISq Thimsmmo e 12190 County Road 11 Burnsville, Minnesota 55337 DAKOTA COUNTY TRIBUNE- INC. 952-894-1111 • Fax 952-846-2010 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 December 1, 2008 Please accept this bid for legal newspaper for the City of Eagan. We have a dedicated staff as well as the largest circulation to handle your legal notices in an efficient manner. We continue to implement new changes in the newspaper to benefit our Eagan readers. We feel it is important to provide the city's legal notices in addition to the news stories, features and photographs of local events that we offer each week. We would like to print your legal notices in Thisweek Newspapers Burnsville/Eagan edition. By designating Thisweek Newspapers as your legal newspaper, your legal notices will reach 26,829 homes. Our deadlines are excellent; notices received by Tuesday 4 p.m. will be printed in our Friday publication. Our prices are very compatible. Please see attached. We can also print your legal notices in the Dakota County Tribune. The Dakota County Tribune is a subscription paper that has been providing local news to the residents of Dakota County since 1883. Our staff is very experienced in helping municipalities place their legal notices. We would prefer to accept your legal notices by e-mail at h?_€ a i t ecm-inc.co€ i. However, we can also accept your legal notices by fax at 952-846-2010. - -- - If you have any questions, please feel free to call me at 952-846-2007. Thank you for your consideration. cerely, va Mooney Business Manager Enclosure (1) I s Apers Quotation Form for City of Eagan OPTION A) Thisweek Burnsville/Eagan Number of lines per column inch Printed characters and spaces per line Total characters and spaces per column inch Per line cost 10 Average 45 Average 450 $0.95 Per column inch cost $9.50 Per column inch cost for e-mailed (Word or InDesign notices) ads $9.00 Circulation 26,829 Legal notice deadline Tuesdays @ 4 p.m. OPTION B) Dakota County Tribune - subscription newspaper Number of lines per column inch 10 Printed characters and spaces per line Average 45 Total characters and spaces per column inch Average 450 Per line cost 95c Per column inch cost $9.50 Per column inch cost for e-mailed (Word or InDesign notices) ads $9.00 Circulation 1250 Legal notice deadline Tuesdays @ 11 a.m. OPTION C) Thisweek Burnsville/Eagan & Dakota County Tribune Number of lines per column inch 10 Printed characters and spaces per line Average 45 Total characters and spaces per column inch Average 450 Per line cost $1.90 Per column inch cost $19.00 Per column inch cost for e-mailed (Word or InDesign notices) ads $18.00 Circulation 28,079 Legal notice deadline DCT-Tuesdays @ 11 a.m. / Thisweek-Tuesda ys @ 4 p.m. Date 12/01/2008 By Eva Mooney Business Manager /5LQ ON& 41' $ Beacon PRESS EW$ e www.mnstin.ram Sun. Patriot OWN Newspapers ffi4illwater - e t 116 East River 498 E. Main St. 33 Second St. N.E. 10917 Valley View Road 8 Elm Street South 1931 Curve Crest Blvd. Monticello, MN 55362 Melrose, MN 56352 Osseo, MN 55369 Eden Prairie, MN 55344 Waconia, MN 55387 Stillwater, MN 550,42 November 19, 2008 City of Eagan City Council 3930 Pilot Knob Road Eagan, MN 55122 Dear City Council Members: The Eagan Sun-Current would like to be considered for designation as the legal newspaper for the City of Eagan for the upcoming year. All published legal notices are posted on coveras early available on the lnter?Eelt and warge. This is an enhancement to the local news ge al broaden the readership of your legal notices. One of the main benefits of publishing your legal notices with the Sun-Current is our FREE home delivery. Sun Newspapers has become the primary sour end community news in the suburbs. Your notices in our paper have the best chance being Despite rising costs of operating our newspapers, there will be no rate increase. Our legal prices will remain the same. The rate structure for legals effective the first of the year will be: 1 column width: $6.39 per inch for first es insertion wion. Thee $3.38 per inch 11 ! or per insertions Our columns are 14 pi Because price comparisons between newspapers are difficult due to differences in column width, font size, etc., we would be happy to provide a price quote on an e-mailed submission. Two notarized affidavits on each of your publications will be provided with no additional charge. The deadline for regular length notices is 2:00 p.m. the Thursday prior to publication. E-mailing the legal notices is an efficient and accurate way of getting the notices to us. The e-mail address for the legals department is sunle als@ac ? P i -COm. if you require more information to make your deci- sion, please contact me or Mary Ann Carlson, our Legals Representative, at 952-392-6829. Thank you for considering the Sun-Current as the official newspaper for the City of Eagan for the upcoming year. We appreciate the opportunity to serve the needs of your community. Sincerely, Bob Cole Vice President and Group Publisher jsri In the Community - With the Community ¦ For the Community 2009 SCHEDULE OF REGULAR CITY COUNCIL MEETINGS JANUARY 6 MAY 5 SEPTEMBER 1 JANUARY 20 MAY 19 SEPTEMBER 15 FEBRUARY 3 JUNE 2 OCTOBER 6 FEBRUARY 17 JUNE 16 OCTOBER 20 MARCH 3 JULY 7 NOVEMBER 2 '* Monday MARCH 17 JULY 21 NOVEMBER 17 APRIL 7 AUGUST 3* Monday DECEMBER 1 APRIL 21 AUGUST 18 DECEMBER 15 * August 3 due to National Night Out ** November 2 due to Election Day There will be a Listening Session at 6:00 p.m. before each regular Council meeting. 15C3 2009 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS JANUARY 13 MAY 12 JANUARY 27 (tentative) ' MAY 26 (tentative) FEBRUARY 10 JUNE 9 FEBRUARY 24 (tentative) JUNE 23 (tentative) MARCH 10 MARCH 24 (tentative) APRIL 13 *Monday APRIL 21 (tentative) JULY 14 JULY 28 (tentative) AUGUST 11 SEPTEMBER 8 SEPTEMBER 22 (tentative) OCTOBER 13 OCTOBER 27 (tentative) NOVEMBER 10 NOVEMBER 24 (tentative) DECEMBER 8 AUGUST 25 (tentative) DECEMBER 22 (tentative) April 13 due to Passover AGENDA FORMAT 1. Call to Order 1.1. Mayor customarily tolls City bell and returns to place at Council table 2. Pledge of Allegiance 2.1. Mayor states, "Please rise and join me in the Pledge of Allegiance" 2.2. Mayor leads in the Pledge 3. Roll Call 3.1. If appropriate, Mayor states "The Secretary will please note that (Mayor!Councilmember) has provided notice by (written correspondence/telephone message) that (he/she) is unable to attend this meeting. 4. Adopt agenda* 4.1. Mayor states, "The Council will now consider adoption of the agenda." 4.1.1. If no Member or the City Administrator requests recognition for any change, Mayor prompts, "Is there a motion to adopt the agenda?" 4.2. Member requests recognition, "Mayor Geagan, (may I be recognized) for (the purpose of making) a motion?" 4.3 Mayor recognizes Member, "Member (has the floor)." 4.4 Member makes a motion, "Mayor Geagan, I make the following motion." 4.4.2.1. "To delete item (item identification letter) under (agenda category)." or 4.4.2.2. "To add item (item identification letter) under (agenda category), which should read, (text of proposed new item)". or 4.4.2.3. "To substitute for item (item identification letter) under (agenda category) the following item, which should read, "(Text of proposed item)." or 4.4.2.4. "To separate item (item identification letter) under (Consent Agenda), and move to (agenda category)." 8. Consent Agenda* 8.1. Items can be pulled for separate action 9. Public Hearings (6:45 PM)* 10. Old Business* 11. New Business* 13. Legislative/Intergovernmental Affairs Update* 14. Economic Development Authority 15. Administrative Agenda* * 16. Visitors to Be Heard 17. Closed Session 18. Adjournment* *Regular motion practice is observed. 1LD cd 44 -0 as o c, _ °? ? V q y ? ? ? ? ? ? CC 75 Cl V ?w ov a LLU ? ?' ;yam. C 6] m U ?" +? D r A y z a ? as o 3 0 W LL a c v m 0- 53 A H m S- CJ nb?'A tb c U N p d ¢ c pvi vx i" c7 ? 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F4 Ill ? ¢3 ° L) FE R7 F_ ir U 4. V ,-? Cl O ?,?. G7 IU F- HU, . tC) Elected Officials Out-of-State Travel Policy City of Eagan Purpose: Minnesota Statutes Section 471.661 titled "Out-of-State Travel" provides that by January 1, 2006, the governing body of each statutory or home rule charter city, county, school district, regional agency, or other political subdivision, except a town, must develop a policy that controls travel outside the state of Minnesota for the applicable elected officials of the relevant unit of government. The policy must be approved by a recorded vote and specify: (1) when travel outside the state is appropriate; (2) applicable expense limits; and (3) procedures for approval of the travel. The policy must be made available for public inspection upon request and reviewed annually. Subsequent changes to the policy must be approved by a recorded vote. Policy: Out-of-state travel by City of Eagan elected officials is covered by the following City policies: 1. Section 21 of the City's Personnel Policy: TRAINING POLICY: Costs for employer-initiated or required workshops, professional seminars, training programs, courses, continuing education credits, and license/certification maintenance for existing employees will be covered in total by the City. 2. Travel Regulations & Reimbursement Policies Attached as Appendix A 3. Budgeting For Travel-Conferences-and Schools Attached as Appendix B The policy must be made available for public inspection upon request and reviewed annually. Subsequent changes to the policy must be approved by a recorded vote. 45 Requirements of.State Statute: (1) When travel outside the state is appropriate-Travel outside the state is appropriate when the travel meets the conditions of the City's Training Policy and the Travel Regulations & Reimbursement Policies and is budgeted. . (2) Applicable expense limits The applicable expense limits are as contained in the City's Travel Regulations & Reimbursement Policies. (3) Procedures for approval of the travel-The travel is approved as part of the City's annual budgeting process or through budget amendments as approved by the City Council. (4) Public Availability, Review, and Changes--The policy must be made available for public inspection upon request and reviewed annually. Subsequent changes to the policy must be approved by a recorded vote. Approved By City Council Action: January 3, 2006 1 June 19, 2007 /4,q City of Eagan APPENDIX A Travel Regulations & Reimbursement Policies Page 1 CITY OF EAGAN TRAVEL REGULATIONS & REIMBURSEMENT POLICIES Reimbursements of travel expenses are intended to refund actual costs incurred by City employees and officials while traveling as authorized representatives of the City of Eagan. APPROVAL (1) All travel and seminar attendance. by City of Eagan employees requires prior approval by the appropriate Department Head. Department Heads require the approval of the City Administrator. (2) Approval for travel shall be obtained prior to seminar registration or other final travel arrangements. (3) Travel and/or pre-registration fees and prepayments intended to defray costs incurred while on a trip and prior to submission of an expense report shall be submitted to the Finance Department for processing far enough in advance to allow checks to be produced in the normal course of business. (4) Pre-registration and/or lodging reservation payments may be made by the Finance Department directly. (5) City issued credit cards may be used as a payment option. per the terms of the City's "Policy and Procedures: Purchasing with City Credit Cards" policy. ALLOWABLE EXPENSES A. HOTELILODGING: (1) Accommodations shall be selected at a reasonable cost, consistent with the facility available and convenient to location of the conference or business meeting attended. (2) Employees may claim only the actual and necessary cost of single occupancy (receipt required). (3) Lodging will be paid for the night before the conference begins. Approved by City Council June 19, 2007 City of Eagan APPENDIX A Travel Regulations & Reimbursement Policies Page 2 B. TRANSPORTATION: (1) Allowable transportation cost shall include reimbursement for the following: mileage accumulated on personal vehicle at the Federal IRS mileage reimbursement rate in effect at the time of the travel; actual round trip coach rate airfare; or actual receipted expenses for City owned vehicle, as required and as approved. The City will also reimburse the cost of mileage or a taxi fare to and from the Minneapolis/St. Paul airport to the place of residence for employees who live in Eagan, if no other options are available. For employees who do not reside in Eagan the City will reimburse the cost of mileage or a taxi fare to and from the Minneapolis/St. Paul airport to the employee's City of Eagan work location, if no other options are available. The City does not reimburse airport or park and fly parking fees. (2) The mode of transportation must be approved by the Department Head prior to any authorized trip. If a personal vehicle is used at an employee's request, reimbursement will be on the basis of prevailing mileage allowance or coach airfare, whichever is less. Reimbursement for meals and lodging shall be limited to the period of time required if air commercial transportation were used. Also, additional time required over the time air travel would require must be charged as leave time. (3) City vehicles may be used for in-state travel and out-of-state travel in states adjacent to Minnesota. Under no circumstances may City vehicles be used for personal reasons. Discretion should be used concerning using City vehicles when a member of his/her family accompanies an employee. (4) Air transportation shall be tourist or coach except when neither of these options is available. Reservations are to be made in advance at the earliest date to insure the lowest possible fares. Super Saver rates shall be used if available and appropriate for the particular situation. If the reservation is not going to be used, it must be cancelled immediately. (5) Local transportation in the conference city such as taxicab and/or bus fares to and from place of lodging and businesses are reimbursable only if circumstances require it. Local transportation in the conference city not pertaining directly to City business will not be reimbursed. (6) Use of rental vehicles requires prior approval by the City Administrator. Approval will be limited to situations where that use is projected to be most cost effective and/or it is demonstrated to be necessary for meeting the conference purposes. Approved by City Council June 19, 2007 N le City of Eagan APPENDIX A Travel Regulations & Reimbursement Policies Page 3 C. MEALS AND MISCELLANEOUS: (1) Reimbursement for meals while on authorized travel will be for actual expenditures (receipts required) up to a maximum of $55.00 per full travel/conference day (without regard to the number of meals actually eaten on any given full day), including tax and tips. Per meal maximum reimbursements for any fraction of a full day (travel days and days with conference meals provided) shall be as follows including tax and tip: (a) Breakfast $10.00 (b) Lunch $15.00 (c) Dinner $30.00 Note: Vendor provide d lunches are not considered to be a prepaid conference meal. (2) The full cost shall be reimbursed for meals, which are a scheduled activity of a conference or meeting, and the cost of such meals is not included in the registration fee. (3) Breakfast allowance shall be authorized for Minneapolis departures prior to 10:00 a.m. and dinner allowances shall be authorized for Minneapolis arrivals after 7:00 p.m. (4) Other miscellaneous expenses will be reimbursed if incurred for City business, e.g. telephone, fax, telegraph service, internet access fees, tips for bellhops, parking fees, etc., as required. (Calls should be made collect whenever possible or with cell phones per the City's Cell Phone Use Policy.) (5) There shall be no flat per diem payments for meals or any other expenses. (6) If the employee wishes to bring a member(s) of his/her family with him/her, he/she must first notice the Department Head. The City will reimburse the employee only for the employee's meals, lodging (single occupancy), and miscellaneous expenses. Approved by City Council June 19, 2007 1(271 City of Eagan APPENDIX A Travel Regulations & Reimbursement Policies Page 4 EMPLOYEE EXPENSE REPORT (1) The employee shall submit a Travel Expense Report and Request for Reimbursement form, for approval by the Department Head and City Administrator or designee. Receipts for expense items shall accompany each expense report, including meals. If an employee is unable to get a paid receipt for a particular item, he or she must include with his or her report a statement certifying that the claim for that item is accurate. A copy of conference brochures and/or overall information shall be submitted with the report. Under no circumstances will City payments exceed out of pocket expense. (2) Employees will be billed for non-reimbursable expenses paid by the City. (3) Reimbursement for foreign travel expenses will be made at the current rate of . exchange. Approved by City Council June 19, 2007 J? 9 APPENDIX B CITY OF EAGAN 2007 BREAKDOWN OF TRAVEL-CONFERENCES-AND SCHOOLS TOTAL PROPOSED BUDGET 1. Complete Cost Breakdown for Any Item In This Category: 2. Why Is This Necessary? 3. Where Will It Be Held? 4. When Will It Be Held? 5. Who Will Be Attending? FIN/FORM7 1b9 Agenda Information Memo January 20, 2009, Eagan City Council Meeting VIII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT : CSM EQUITIES, LLC {EAGAN PROMENADE). ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) of a Planned Development Amendment to permit a multiple tenant use with outside patio dining and on-sale liquor for restaurant use, located at 1270 Promenade Place, legally described as lot 6, Block 2, Eagan Promenade, in the SE 1/4 of Section 10, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: The applicant is requesting approval of a Planned Development Amendment to permit a multi-tenant use located at 1270 Promenade Place (formerly Ethan Allen). The proposal anticipates two restaurant tenants - One Class I dine-in restaurant, the other a "quick-casual" dine-in or take-out restaurant. On-sale liquor and outside dining areas are proposed for both restaurants. ? Modifications to the site and building include: o Removing the front 40' of the building to reduce the building depth ? Reconstructing the front facade, creating new storefronts, updating and introducing new finish materials and architectural elements o Reconfiguring the parking lot and adding parking o Signage on the west and east elevations for all tenants, and on the north and south sides for those respective end-cap tenants. o Adding service doors and a sidewalk on the east side o Creating pedestrian connections to Panera and the trail along Yankee Doodle Road The conditions of approval support the additional building signage; this building has no free- standing sign. The APC held a public hearing on December 18, 2008 and did recommend approval. ISSUES: ? A neighboring business owner stated concern at the public hearing in regards to traffic and parking from the proposed restaurants. The APC added a condition of approval limiting the number of restaurants to a maximum of two. 60-DAY AGENCY ACTION DEADLINE: January 18, 2009; extended to March 19, 2009 ATTACHMENTS (4): Location Map, pageM_ +m%+ December 18, 2008, APC minutes, pages through I73 Planning Report, pages through( E December 29, 2008, e-mail correspondence, pages/ tlg" Pao Eagan Boundary L t M Right-of-way Pa rk ?fel Area ion oda ap P ark Area rea Building Footprint r Subject Site 1r, S? s ?. lr+ 4QirhLFJta.2&[8 451 - 715 t... Gry _?_ o fi INKE oeaLtaOaa7 -' --' Ell -- INS k ! f ..' ? _ i ° .. y.tyN ?•--YOx.N Cew.?e F?..... $ o?N C=; 4e vs €l fl Ua (3 f1 -0?7[ fFC3J "Cl? -- n r'a . p !? n ,;? S••, „coo} ??'? r` ?• t t I 1} w e. .? - :1•, ;. it L ?. ? E', ='? ?..ti i ? # _ _. 1WO 0 3000 2000 Feet IF wI Development/Developer: CSM Corporation Application: PD Amendment Case No.: 10-PA-19-11-08 + i N h City of }aka THIS MAP IS INTENDED FOR REFERENCE USE ONLY JJ The Cify of Eagan and Dakota County do not guarantee the accuracy of this information and are Community ocv loptneat RepartrrenI not responsible for errors or omissions. Advisory Planning Commission December 18, 2008 Page 3 of 5 B. CSM Eagan Retail Applicant Name: CSM Equities, L.L.C. Location: 1270 Promenade Place; Lot 6, Block 2, Eagan Promenade Application: Planned Development Amendment A Planned Development to allow modifications to existing building, signage and surrounding site, File Number: 10-PA-19-11-08 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated December 12, 2008. She noted the background and history. Applicant John Ferrier, CSM, greeted the commission and thanked staff for all the work that had gone into this application. He further stated that he had reviewed staff's report and CSM was in agreement with everything except for condition #3. He explained the anticipated anchor tenant, due to corporate branding, would require two signs on the west elevation of the tenant space. Member Dugan stated due to a business relationship with CSM he would be abstaining from voting on this item. Vice Chair Chavez opened the public hearing. Mike Scott, co-owner of the adjacent Panera Bread, asked the commission to consider prohibiting drive-thru operations, the traffic and parking generation from the proposed restaurants and suggested the signage should be consistent with City Sign Ordinance requirements. There being no further public comment, Vice Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Heaney asked for clarification of the requested signage. Mr. Ferrier explained the importance of signage on the west and east elevations of the building for all retail users. Member Jensen asked the type and total number of tenants. Mr. Ferrier explained they only had letters of intent out on four tenants so he could not comment on specific tenants at this time but that CSM anticipates 5 or 6 total tenants in the space. Member Keeley stated she was not concerned with signage on the east elevation as there are other buildings in The Promenade that have signage on the rear of the building and that she was more concerned with the anchor tenant having two signs on the west elevation. Member Jensen stated she believed the signage request was not unreasonable given the fact that the building has no associated free-standing signage available. Member Keeley moved, Member Heaney seconded a motion to recommend approval of a Planned Development Amendment to permit a multi-tenant retail commercial use with outdoor patio dining and on-sale liquor to accommodate restaurant uses, located at 1270 Promenade Place legally described as Lot 6, Block 2, Eagan Promenade, in the SE'/4 of Section 10, subject to the following conditions in the staff report. 1-7 Advisory Panning Commission December 18, 2008 Page 4 of 5 Based on additional discussion relative to signage and traffic generation, friendly amendments to the motion were accepted by the motion maker and second to modify condition #3 and add condition #10, as follows: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The following exhibits are required for the PD Amendment Agreement: • Site Plan • Building Elevations/Signage Plan • Landscape Plan 2. A liquor license shall be obtained from the City for each restaurant. On-sale liquor sales also shall comply and be operated in accordance with all relevant state laws and regulations. 3. Each tenant shall be permitted one sign each on the front (west) and rear (east) elevations. End-cap tenants shall be permitted one additional sign on the respective north and south side elevations, In addition, the anchor tenant occupying the southern end cap shall be allowed an additional sign on the west elevation. 4. Signage shall be located only within the designated sign areas on the front and side elevations of the building, and within the sign band identified on the rear (east) elevation. Each sign on the east elevation shall have a minimum of 2.5' on each side, creating a minimum spacing of 5 feet between signs, 5. As prescribed by the Promenade PD, all building signs shall be individual channel letters. 5. A sign permit is required prior to installation of any sign, and signage is subject to all other requirements of the City Code. 7. Screening of mechanical units shall comply with the City's mechanical screening ordinance and screening of individual units may be required if necessary to achieve compliance. 8. The accessible parking stalls and ramp should be relocated further north to avoid this conflict. 9. To minimize glare and provide shielding as required by City Code, a flat lens model of light should be used. 10. No more than two restaurant uses shall be allowed. A vote was taken. Motion carried: 5-0-1 (Dugan abstained.) 1-l3 PLANNING REPORT CITY OF EAGAN REPORT DATE: December 12, 2008 APPLICANT: CSM Equities, LLC PROPERTY OWNER: Ethan Allen Global, Inc. REQUEST: Planned Development Amendment CASE: 10-PA-19-11-08 HEARING DATE: December 18, 2008 APPLICATION DATE: Nov. 19, 2008 PREPARED BY: Pamela Dudziak LOCATION: 1270 Promenade Place COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to permit a multiple tenant retail commercial use with outdoor patio dining and on-sale liquor to accommodate restaurant uses, on property located at 1270 Promenade Place, legally described as Lot 6, Block 2, Eagan Promenade, in the SE 1/4 of Section 10. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. While the request is for a PD Amendment, on-sale liquor typically requires a Conditional Use Permit and the review of this application should he based on that standard. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require 1-4 Planning Report - CSM Equities, LLC December 18, 2008 Page 2 such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. In addition, Chapter 5, Business Licenses, requires a liquor license for on-sale liquor. In addition to establishing the conditions of operation, the license requirements include the following: Subd. 5. No person under the age of 18 years shall be employed upon premises ... except. . . as musicians or to perform the duties of a busboy or dish-washing services in a place defined as a restaurant. Subd. 8. No license shall be granted for a proposed licensed premises that does not meet the special use setback, as defined in the zoning regulations of this Code, from any nursery, elementary or secondary school structure; daycare center structure; or church structure, except as provided herein. A license may be granted for a proposed licensed premises not meeting the special use setback, as defined in the zoning regulations of this Code, from any of the above listed uses when the proposed licensed premises and listed uses are located within the same zoning district and planned commercial development. Subd. 10. On-sale licenses shall be granted only to hotels, traditional restaurants and clubs. Subd. 11. ... All on-sale licenses shall be for premises situated in a commercial or industrial use district under a conditional use permit .... No license shall be held for more than two years without being used. The special use setback is defined as 200 feet. to the nearest point on the property line or building on which the protected use is located. BACKGROUNDIHISTORY This property is within the Eagan Promenade development. The Eagan Promenade retail development consists of several free-standing single-occupant buildings and a larger in-line retail center. The subject 20,000 sq. ft. building was constructed in 1998 as an Ethan Allen furniture store. The property is zoned PD, Planned Development. Earlier this year, a similar request was made to convert this building to multi-tenant retail use. The City approved that PD Amendment, however, the PD Agreement has not been executed or recorded. The current proposal includes significant remodeling of the building, and specific site improvements and a request for on-sale liquor approval which are designed to accommodate a restaurant use. The previous proposal made use of the existing building with some updates to the building facade and reconfiguration of parking. Planning Report -- CSM Equities, LLC December 18, 2008 Pane 3 EXISTING CONDITIONS The site is developed with an existing retail building which is presently vacant. A Panera restaurant is adjacent to the north. The two buildings share a parking lot. The site was landscaped in 1998 with initial construction. Access to the site is provided from Promenade Place, a private street internal to the commercial retail development. SURROUNDING USES The following existing. uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Eagan Promenade (Panera) PD, Planned Development SA, Special Area East Promenade Oaks Townhom.es PD, Planned Development SA, Special Area South Best Buy PD, Planned Development SA, Special Area West Restaurants PD, Planned Development SA, Special Area EVALUATION OF REQUEST Description of Proposal - CSM is proposing to convert the existing building into a multiple tenant retail building. CSM is proposing to remodel the building by removing the front portion of the building and creating a new front facade. Removing the fi-ont portion of the building permits head-in parking to be added in front of the building, and reduces the depth of the building. Other modifications include adding an outdoor patio to the south side of the building, building mounted tenant signage, and providing a service sidewalk and service doors on the east elevation. Compatibility with Surrounding Area -The proposed use appears compatible with the surrounding area, which consists of a mix of office/service and retail commercial uses. Site Plan -- The Site Plan shows removal of the front 40 feet of the building. An outdoor patio (20' x 40') is proposed on the south side of the building, and a smaller patio seating area in the front (west) side of the building. Most existing landscaping will remain, and some new landscaping will be added in front of the building, within the reconstructed parking lot, and around the proposed south patio. A sidewalk connection is proposed to the trail on Yankee Doodle Road, and a crosswalk connection across the service drive between this site and the adjacent Panera is also proposed. On-Sale Liquor - CSM is proposing two restaurant tenants in this building. One is expected to be a Class I dine-in restaurant, and the other a "quick casual" dine-in or take-out restaurant. CSM is requesting on-sale liquor zoning approval for both restaurants. rvo Pla€uling Report - CSM Equities, LLC December 18, 2008 Page 4 This site appears to be consistent with licensing requirements. The property is guided and zoned for retail commercial uses. There are no protected uses (i.e., daycare centers, schools, churches) within the special use setback. The appropriate liquor license would need to be obtained from the City for each restaurant. On-sale liquor sales should also comply and be operated in accordance with all relevant state laws and regulations. Storm Drainage - The proposed development will utilize the existing storm drainage system on the site, which ultimately drains to Pond DP- 4.2 north of the development. Underground storm water infiltration features are also proposed to reduce the volume of runoff leaving the site. To also reduce the amount of runoff and increase green space, a reduction in the amount of parking area should be given future consideration, if land use conditions in the proposed development allow. Utilities - Existing sanitary sewer and water main of sufficient size, depth, and capacity currently serving the building will be utilized by the proposed development. Streets/ Access/ Circulation - Vehicle circulation between this lot and the rest of the Eagan Promenade area is provided via parking lot service drives. Pedestrian circulation in the area is provided by sidewalks and trails on Yankee Doodle Road and Promenade Avenue connected to the City's trail system. The development proposes a sidewalk connection to the trail on Yankee Doodle Road. The approved Yankee Doodle Road Corridor Study indicates that the nearby intersection of Promenade Avenue at Yankee Doodle Road (County Road 28) is to be reconstructed with a traffic signal. This improvement is planned for 2010 as a joint Dakota County/City project. Building Elevations/Architecture - Eagan Promenade was initially developed in 1996. At that time, the City's ordinance did not contain specific architectural standards. Architectural materials and elements were worked out during the Planned Development process and incorporated into the PD Agreement. CSM is proposing to remove the front approximately one-third of the building; as such, the front facade will be entirely rebuilt. The applicant's narrative states "Undulations to the front facade and the varying heights of the decorative cornices will create visual interest to the building. The new facade will contain a combination of glass and textured concrete block combined with brick and ELFS to tie into the existing portions of the building .... All four elevations of the building will be accentuated by decorative piers tying all of the elevations together. A new canopy will be added to the south facade encompassing a lively outdoor patio." New architectural elements and finish materials will be introduced to the building. The other three elevations also will be modified to incorporate elements of the new front facade. The applicant is proposing to add additional storefront entrances, change the color of EIFS from white to tan, and add brick and textured block finish materials. New architectural features III Planning Report - CSM Equities, LLC December 18, 2008 Page 5 include raising the roof line on the north and south ends of the west (front) elevation to match the existing center feature, adding vertical block piers to frame the storefronts and add visual interest to the east (rear) elevation, and introduce metal canopies and awnings above windows. Overall, the introduction of more brick and textured block to the building raises the percentage of Class I and 11 finish materials. While the percentages are not quite as high as the current ordinance standard of 65%, the modification represent significant movement in that direction, particularly on the front elevation which will have 56% Class I and II finish materials, versus the existing 24%. Mechanical Equipment - The building was constructed with a substantial parapet wall (45"-57") The parapet should screen any rooftop mechanical equipment. If any new rooftop equipment is not screened by the parapet, a separate screening structure should be installed to comply with City ordinance requirements. Patio Dining - The Site Plan proposes two patios in conjunction with the anticipated two restaurants. Enclosure of the patios and controlled access from within the building is required if the restaurants will be serving liquor, as is proposed for this redevelopment. Detail of the decorative fence to enclose the patio areas is shown on the Building Elevations. It is 3'6" in height, and a bronze color aluminum fence. The Class I restaurant which will occupy the south end-cap space proposes a 20' x 40' patio off the south end of the building. The patio is noted to be enclosed with a decorative fence and access to the patio would be from inside the building. New shrubs of both deciduous and evergreen types are proposed around this patio. The site plan shows potentially 8 tables with 4 seats each. A smaller patio area is proposed in the front of the building in conjunction with the second restaurant, which is anticipated to be a quick casual type restaurant. This patio shows four tables, again enclosed with a decorative fence. The patio leaves a 6'-8' wide sidewalk for pedestrian movement. However, this patio may conflict with the accessible ramp leading from the parking lot to the sidewalk. The accessible parking stalls and ramp should be relocated further north to avoid this conflict. Parkin -121 parking stalls exist today to serve the 20,000 sq. ft. retail building. The building will be reduced to approximately 14,500 s.f. and a portion of the building is expected to be a restaurant use. With the proposed modifications to the building and changes to the parking lot, a total of 1.49 parking stalls will be provided. Required parking for restaurants is based on seating counts rather than building area. However, the specifics of restaurant seating are not known at this time. CSM's Site Plan counts 114 stalls for restaurant use (two potential restaurant users occupying 7,575 s.f. at 15 stalls per 1,000 s.f.), and 34 stalls for general retail use (6,811 s.f. at 1 stall per 200 s.f.). Per City Code standards, 114 parking stalls for restaurant use could support up to 342 seats. Planning Report - CSM Equities, LLC December 18, 2008 Signage -- New building signs are proposed on all elevations. As a single-occupant building, the Eagan Promenade PD permitted signage on the west, south and east elevations. With the change to a multiple tenant building, it is appropriate to reevaluate the building signage. City Sign Code permits one sign on the front (west) elevation for each tenant, and a single sign on the north and south elevations for those respective end-cap tenants. The building does not have a flee-standing sign, and relies solely on building signage for visibility and identification. As such, the applicant is proposing that all tenants be permitted one sign on the rear (east) elevation, to increase tenant visibility. In addition, a second sign for the restaurant is proposed on the front elevation. The proposed rear elevation signs and two signs for one tenant on the front are not consistent with the Sign Code and result in more building signage than is typically permitted by City Code. Each tenant should be permitted one sign each on the front (west) and rear (east) elevations. End-cap tenants should be permitted one additional sign on the respective north and south side elevations. Signage should be located only within the designated sign areas on the front and side elevations of the building, and within the sign band identified on the rear (east) elevation. Each sign on the east elevation shall have a minimum of 2.5 feet on each side, creating a minimum spacing of 5 feet between signs. As prescribed by the Promenade PD, all building signs should be individual channel letters. A Sign Permit is required prior to installation of any sign, and the signage should be subject to all other requirements of the City Code. Site Lighting - A site lighting plan was submitted and photometric lighting levels appear to be within typical standards. Minimum light levels are above 0.5 footcandles in all but the southwest comer of the parking lot. New decorative lighting will be added to the building, along the new sidewalk to the trail on Yankee Doodle Road, and along the rear of the building. The fixtures are dark bronze, with met-at halide lights. To minimize glare and provide shielding as required by City Code, a flat tens model should be used. SUMMARY/CONCLUSION The applicant is requesting approval of a Planned Development Amendment to permit a multi- tenant retail commercial use with outdoor patio dining and on-sale liquor to accommodate restaurant uses, on property located at 1270 Promenade Place. The surrounding area is a mix of retail and office uses. Modifications to the site and building include reducing the depth of the building, creating a new front facade, adding new service doors to the east elevation of the building, reconfiguring the parking lot to provide head-in parking in front of the building, installing an outdoor dining patio on the south side of the building, and adding signage to the north, south and east elevations. Pedestrian connections will be added to the trail along Yankee Doodle Road and the adjacent Panera site. i-1q Planning Report - CSM Equities, LLC December 18, 2008 Page 7 ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to permit a multi-tenant retail commercial use with outdoor patio dining and on-sale liquor to accommodate restaurant uses, located at 1270 Promenade Place legally described as Lot 6, Block 2, Eagan Promenade, in the SE 1/4 of Section 10. If approved the following conditions shall apply: An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The following exhibits are required for the PD Amendment Agreement- • Site Plan • Building Elevations/Signage Plan • Landscape Plan 2. A liquor license shall be obtained from the City for each restaurant. On-sale liquor sales also shall comply and be operated in accordance with all relevant state laws and regulations. Each tenant shall be permitted one sign each on the front (west) and rear (east) elevations. End-cap tenants shall be permitted one additional sign on the respective north and south side elevations. 4. Signage shall be located only within the designated sign areas on the front and side elevations of the building, and within the sign band identified on the rear (east) elevation. Each sign on the east elevation shall have a minimum of 2.5' on each side, creating a minimum spacing of 5 feet between signs. 5. As prescribed by the Promenade PD, all building signs shall be individual channel letters. 6. A sign permit is required prior to installation of any sign, and signage is subject to all other requirements of the City Code. 7. Screening of mechanical units shall comply with the City's mechanical screening ordinance and screening of individual units may be required if necessary to achieve compliance. 8. The accessible parking stalls and ramp should be relocated further north to avoid this conflict. 9. To minimize glare and provide shielding as required by City Code, a flat lens model of light should be used. ego 191 Eagan Boundary M L t Right-of-way ParkelArea ap ion oca Park Area Building Footprint ?qr n 4 4• ?; _ I F: ?I II r I 1? J ?? StkQ S? I Anfiv 1 C., ? i:7 ! I l 1 I C: T r } 1 ? l ? .. I ! 1 + ? `?I - 1j ?, l t € fy S' ? ;rte jj .- I ,'< ti r 9 . r" c.earnwa eurv° T t IVie?>?Oe QLP nQAQ] ... -_ i t= F? .c r pi LCCliI>? 'i],9L]J C!]u ?1 f? F-? ?? 0 - ?^ ? ? +a .s f- 1 1,4r =`JI Sr f 47 ?-- C I r FT;? ;I=mo / ;, - LJ.'.f 11 l "•, \ i el ?'JT: sue- ---4-C ---7 r 1000 Q 1 ti 2000 Feet Development/Developer: CSM Corporation Application: PD Amendment Case No.: 1O-PA-19-11-08 Citl? of Ea p THIS MAP IS INTENDED FOR REFERENCE USE ONLY City The C€ty oI Eagan and Dakota County do nut guarantee the accuracy of this Information and are community Deedopment papa rtment not responsihio for errors or orniss Ions. N W F. 5 Current Zoning and Comprehensive Guide Plan Land Use Map CSM Corporation PD Amendment 10-PA-19-11-08 Zoning Map f i ?Pn SP ? Current Zoning: 41 m. L Locat PD P? - LQ Planned Development 1. {?.. .. - L... CoUnW ROAD HO.26 {YANKEE 000OLE ROA . I1 ttt PD -77 j ? ;r. Lj, LB VD • 5 ; ? - G5C ? I]i! [tfllit s1U0 [1 PD f? ` R? :::.IS ? s`•- 1 1 0 ban 12uu F-1 600 17. ?•;??` Comprehensive Guide Plan r-L B? Land Use Map SA SA-SP ? ? ? o rA if t $p f -Ij p SA Location ] , SA Current Land Use Designation: sa _ B El III Special Area cGun" RvAt F t,28 (YANKEE 90OVLE ROAD] u SA SA .... 5A f+ SAii? C U g.nq gC;f! f•€I A'] LFC 600 0 60a 1200 Foci :. `7... .'F 1 77 . s T r CJ ?. P r- • - N part 91 1—— map Enformativn prvvidad*y Oakata Cvunty Land sure=y Pepart=nen. Decmne ZNA5. r"7 xvn€ng inlorMNV.n malnWned 1,Pty staff. r# City of Ear g?l w THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this Information. 5 r ?. ? f :¢3 ?? _ ? z7 f E 11 t S I ,A If i f. $-. T a J 2 ! r Ej I k TM-^`-? x 1 Y6 ?Q r { • x sus f ^yF ?4 ? y? t?G } t f t ` ?` _ {? k j r' 3 ?f+l`r'3?Siti ¢ p ?•f F J} ]. Y {?- iS - t r€? € r s ri `Fn?'?' t cam= rJ - s _ 11 R. c 'r r`i -1 As 17 "J, n? i ? ? t tt 1p F J -zi ax°rsc-rs....r.-e..•...mi 7YS7J g$ ?a Q . nv.n n?3 eu:?r. F€o n4„p,?.,r.:.p,? K?.F r€?. 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G as :: z g w .. a .. .. « .. ? .. .. .. .. n .. . .. .. .. .. .. .. .. -?? . ;_?? f4 ?= e a r s . a e a. ? . r a a e e ?' ?? -_ - - In •F lb 7 ell z Y b b N ViUll ?If3 c Jl? 9 8a• 0 i0 0 10 w `w S z Z J 0 '.1 _ t€ - -i FSi I?-yS F?3y ?5F[ •65" rya= Y.45 SIEs U cc w 2 0 I- 0 a- 11098 12:48 FAH 612 393 7131 C3M 6©RPORATIDDN to 002/012 sUU Irar,]U: sLuma Sales VU pas st F1 mwth Creek- Shopped tK F el p "Lusk Red Catalog Number: UCM-FLRHS-150M H-OBZ-FLD- VVMA2O-DB Notes: A UNIVERSE COLLE01IONTM UOM FLA PAGE 22QF2 IIP=95 EPA=1.34 wrOuer=34ias. I 0113 - OLDS, HOUSING The fixture ballast housing shell be one piece die cast aluminum. The hoods shall be heavy gaga spurt aluminum with hemmed edges fur added rigidity. M lrrtamal and eXtatnal hardware shall be stainless steel. Reflector models shall consist of a die cast aluminum door frame and ring assembly. The hood ring assembly shah be fully sealed with a Molded silicone gasket. The door frame shall be hinged to the ring end opened with two captive fasteners for relamping. The tampered sag glass lens is held to the door frame with a molded silicone gasket. Opal acrylic lens - DAL - shall coneiet of a molded opal acrylic laps and an aluminum frame. Three captive fasteners shall be loosened to turn and remove the lens fOr relarnping. Glees refractor - GR3/5. A borosllioate glaea refractor lens with a type 3 or type a distribution shall be attached to an aluminum frame. Three captive fasteners shall be loosened to tum and remove the lens for {elernping. OPTICAL ASSEMBLY The reflector module shall be composed of faceted, semi spOCUlar anodized elvrninum panels rigidly attached In an aluminum tray. The reflector shall be easily removed by loosening four screws and lifting it out the tray. The reflector tray shall be rotatable on 90' canters for orienting the light distribu;ion. The reflectors shall meat ANSI-lES standards for full cutoff reflaster ayelerns. ELECTRICAL The ballast shall be mounted on a pr$wired tray with a quick dis- connect plug and removed by loosening two oaptive screws. HID bal=` lasts are high power factor, rated for -30°F starting. Sockets are medium base, pulse rated porcelain. Ballasts are multl-tap, wired at the factory for 277 voila. 1NSTALLAT1ON & MOUNTING The fixture shall be attached to the arm assembly with three stain- less steal bolts--the oonnection shall be sealed with a silicone com- pression gasket. The post top - PM - version shall slip over a 4'11 O0mm pole or tenon, and be saeurQ0 with six stainless steel set screws. FINISH Fixture finish oortaiets of a five stage pretreatment ragimart with a polymer primer sealer, oven dry off and top coated with a thermvaet super TO IC polyester powder coat finish. The finish shall Meet the PAA4A 605.2 performance Specification which includes passing a 3000 hour salt spray test for corrosion resistance. CERTIFICATION The fixture shall he listed with ETL and U.t,Ior outdoor, wet loca- tion use, UL1698 and Canadian GSA Std. C22.2 No.250. lp-85 WARRANTY Fixture shall be warranted for three years. Belfast components carry the balast manufacturer's limited warcenty, ARCHITECTURAL AREA L I G H T I N G 14249 Artesia Blvd / La Mirada. CA 94838 714 994.2700 / fax 714 004,0522 / www.5al.aet Nv:uL'1.5FLri}r.pdi CG9 rJaFV 200, 0=11111 VCtbrwed ICI 1O LIGHTING ??? laid ?? F - f S?? a[? ? ? ? '? ? ??y ..,,// ? 't• Y" i jjffiE ?f1 ?? 6?•? fe i?YA?_] - i ? S 3r?3r? f ? ? . ? I 6 _ j ?• ? ? ? t } [zl a! w ? _ Q U[ aes a 3 ? ? i ? _ A ¢ ? ? ? : B d 6 3 ? r ? I 6 « i 'N 3a J [? 3 ? 3 f?, pE f i WI-T m 500 Woshsng:on Avenue South, Suite 3000, Niinneopolis, MN 55415 COEVr-L.OP1NG REDi), ESTATE FOR PEOPLE, BUSINESS &- CONIMUN1T11 S CSM Eagan Retail Building Location: 1270 Promenade Place, Eagan, MN PID#: 10-22472-060-02 Legal Description: Lot 6, Block 2, Eagan Promenade, Dakota County, Minnesota Application: Planned Development Amendment Applicant: CSM Equities, L.L.C. December 11, 2008 Introduction The application for Planned Development Amendr..ent is to allow modifications to the existing building (formerly Ethan Allen) and surrounding site. The modifications will allow the building's use to convert from a single tenant furniture store to a multi-tenant retail building. The modifications will include decreasing the building's square footage approximately 5,500 square feet by demolishing the front 40 feet of the building to allow a shallower building more conducive to a multi-tenant use. A new front facade will be constructed along with modifications to the existing elevations in addition to adding an outdoor patio area and expanding the parking lot. The site's location is at 1270 Promenade Place. It is a single parcel set within the Eagan Promenade Shopping Center. The center contains a variety of small and large retail and restaurant tenants including Byerly's, Barnes and Noble, Old Navy, and Panera Bread. One potential tenant scenario we are looking at for the building is five tenants that would range from 1500 s.f. to 5500 s.f. with. two restaurant tenants and three retail uses. The tenant scenario is only preliminary and may vary. Discussion of site and building design The new front facade will create a fresh new look for the building that fits within the surrounding development. The shopping center will be strengthened by the building's quality architecture. Undulations to the front facade and the varying heights of the decorative cornices will create visual interest to the building. The new facade will contain a combination of glass and textured concrete block combined with brick and EIFS to tie into the existing portions of the building. The existing building will be modified to incorporate the materials and features of the new front facade. All four elevations of the building will be accentuated by decorative piers tying all of the elevations together. A new canopy will be added to the south facade encompassing a lively outdoor patio. Ornamental light fixtures along with colorful landscaping and linked pedestrian pathways all create a vibrant experience for the patrons of the center. Convenient parking along the front of the center will allow easy access for patrons to the center. Page I of 3 RECEIVED DEC 1171 NARRATIVE 1,9 . 19 ?) The existing parapet on the building varies from 4'-9" at the back of the building to 3'-9" on the front. Rooftop equipment will be placed in locations to be screened by the building's parapet. If a tenant moves into the building with equipment large enough that it cannot be screened by the parapet wall, installation of a separate screen consistent with the City's screening ordinance will be provided. The back of the building is heavily landscape with existing spruce and oak trees to allow a natural screen to service entrances to the building. Signage is shown at the back and sides of the building in addition to the front of the building to allow visibility of the tenant signage from adjacent roadways. Allowing signage on all elevations is proposed as part of the approval of the Planned Development. Tenants will be limited to one sign on the back elevation and not more than 10% of the wall area for signage on all sides of the building. Tenants will also be restricted to adhere with the signage criteria submitted with the Planned Development Application. We anticipate two of the tenants to be restaurants with the remaining tenants as general retail. The two restaurant tenants will provide on-sale liquor and will obtain the required licenses through the City of Eagan. Site Zoning and benefit to surrounding uses The site is presently zoned PD (Planned Development). Land uses to the north, south, west and east are also zoned Planned Development. To the far northeast of the site is a Business Park and to the far southeast is Limited Business. The existing building is currently vacant and being marketed for sale. CSM Equities, L.L.C. currently has the property under contract. The conversion of the building to a multi-tenant use will allow the building to better meet the needs of surrounding businesses and the local community.. It will also bring into the shopping center a greater mix of customers and business that will increase the patronage of other restaurant and retail businesses within the shopping center. Proposed General Schedule of development Winter 2008-Spring 2009 Spring 2009--Summer 2009 Roadway Access Permits and City approvals Construction Access to the site will remain the same and is off of Promenade Place. Promenade Place can be accessed from Promenade Avenue and Northway Drive. The building's south frontage faces Yankee Doodle Rdad along with the East side of the building facing Promenade Avenue. Page 2 of 3 qL Site Util.itieslStormwater The existing building and site will be serviced by the existing utilities at the site. Proposed site improvements will result in a minor increase to the impervious area. As such, infiltration of the 1/2 inch rainfall event atop the additional area will be required. The current development plan proposes to accommodate this requirement via the installation of an underground system. The system will consist of two perforated sumped catch basin structures and perforated connecting pipe, which will provide storage for approximately twice the minimum amount required per the Cities recently adopted Ordinance. The system will be maintained and frequently inspected by the property owner. Page 3 of 3 Iq 199 Sarah Thomas Subject: FW: CSM plan for Ethan Allen Store From: Lee [mailto:lstedman3@cox,net] Sent: Monday, December 29, 2008 3:56 PM To: Mike Ridley Cc: janetmikes@comcast.net Subject: CSM plan for Ethan Allen Store Hi Mike -- about 10 days ago, we spoke on the phone regarding the CSM redevelopment plan for the Ethan Allen store. As you may recall, I am a co-owner along with Mike Scott of the adjacent Panera Bread Restaurant. Mike attended the Planning Commission meeting on December 18, 2008 and voiced some concerns we had about parking and traffic congestion with the CSM redevelopment plan that proposes adding several restaurants. I also spoke to you about our concern with access that directs traffic to the main drive. in front of the Panera Restaurant. Since customers of Panera walk across this drive to enter the restaurant, having significant through traffic on this access drive poses potentially a serious conflict with pedestrians and stacking issues with cars that yield to pedestrians and yield to cars parking at Panera. Both Mike & I would strongly suggest that delivery trucks and the primary traffic for the GSM development be diverted to the second access drive furthest from the Panera building. Additionally, we also want to make sure the CSM parking lot has adequate parking for the intended uses. We cannot afford to have our parking spaces cannibalized by restaurant uses that compete with Panera during peak times. Unfortunately, Mike & I cannot be at the Council meeting on January 6'h, 2009. For this reason we thought it was important to e-mail you our concerns. If possible, please e-mail to us any CSM proposals/plans and staff recommendations. We would also like to receive Council minutes and/or action as directed by Council. Thank you very much Mike. Have a Happy New Year. Lee Stedman and Mike Scott. jq:Q