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09/01/2009 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING SEPTEMBER 1, 2009 6:30 P.M. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES 47 B. PERSONNEL ITEMS f ,V C. APPROVE Check Registers .P q D. AUTHORIZE consulting contract for Federal Appropriations application for Safety Campus ~j-J E. APPROVE Eagan Firefighters Relief Association 2010-2014 Pension Contribution Agreement f F. DIRECT staff to prepare an Ordinance Amendment for Chapter 6.39 regarding massage therapist licenses Zl G. APPROVE award of bids for Contract 09-06 (Wandering Walk Park - Wetland Banking) e ,13H. APPROVE final payment and authorize City Maintenance of Contract 07-06 (Lebanon Hills/Long Acres - Storm Sewer Improvements) Pal I. DECLARE default/ authorize fund deposit/ authorize City Contract City Project No. 07-0 (Marsh Cove 4 S J. RECEIVE final assessment roll and schedule public hearing (October 6, 2009) for Project 973 (Windtree Addition - Street Improvements) CQ6 K. RECEIVE final assessment roll and schedule public hearing (October 6, 2009) for Project 980 (Hampton Heights/ Stoney Point/ Blackhawk Glen Additions - Street Improvements) f 7 L. RECEIVE final assessment roll and schedule public hearing (October 6, 2009) for Project 982 (St. Francis Woods Addition - Street Improvements) P~~3M. RECEIVE final assessment roll and schedule public hearing (October 6, 2009) for Project 1000 (Grace Drive - Street Improvements) N. RECEIVE final assessment roll and schedule public hearing (October 6, 2009) for Project 1002 (Pinecrest of Eagan Addition - Street Improvements) 30 0. RECEIVE final assessment roll and schedule public hearing (October 6, 2009) for Project 1003 (Blue Gentian Road - Street Improvements) 3( P. AUTHORIZE a Joint Powers Agreement with Dakota County (County Trail Reconstruction) P.3I Q. WAIVE monetary limits on municipal tort liability ezzR. APPROVE Tree Maintenance Contractor Licenses for Morgan's Tree Service and Oleson's Tree Service V. PUBLIC HEARINGS A. PROJECT 858 - Final Assessment Hearing and Consideration of Award of Contract 08-13 (Sibley Terminal pp Industrial - Storm Sewer Improvements) ~•y~ B. PROJECT 1016 - Ames Crossing Road - Street & Utility Improvements ~q?J C. PROJECT 1005 - Daniel Drive - Sidewalk/Traffic Calming Improvements VI. OLD BUSINESS VII. NEW BUSINESS 171 A. PLANNED DEVELOPMENT AMENDMENT - Cub Foods - A Planned Development Amendment to allow outdoor storage of shopping carts, outside display of seasonal goods and salt, and construction of screenwalls in the service area at the front of the building located at 1020 Diffley Road on Lot 1, Block 1, Diffley Marketplace Second Addition P 19106. CONDITIONAL USE PERMIT - Valley Motor Sports - A Conditional Use Permit to allow outdoor storage located at 3389 Hwy 149 on Lot 2, Block 1, Gopher Eagan Industrial Park 2nd Addition fait C. CONDITIONAL USE PERMIT - The Lindsay Group - A Conditional Use Permit to allow a pylon sign located at 1344-1348 Town Centre Drive on Lot 2, Block 1, Town Centre 70 17th Addition T• +I D. PLANNED DEVELOPMENT AMENDMENT - John Deere - CSM Waters V LLC -A Planned Development Amendment to allow outdoor storage located 2955 Lone Oak Drive on Lot 1, Block 1, Blue Ridge Sixth Addition E. REVISIONS to Ordinance 3.40, Rules and Regulations Relating to Sewer Service VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. _ A. CALL TO ORDER d~ B. ADOPT AGENDA C. CONSENT AGENDA 1. Approve Minutes 2. Approve License Agreement for Cedarvale Lanes to Permit Use of City Property for Parking Purposes Pending Redevelopment D. OLD BUSINESS 1. SOUTHEAST EAGAN REDEVELOPMENT DISTRICT - Consider Discontinuation of District E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Presentation of Updated Preliminary Concept Plan for Hotel Project F. OTHER BUSINESS G. ADJOURN X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. ADJOURNMENT City of Eaau Memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 28, 2009 SUBJECT: AGENDA INFORMATION FOR SEPTEMBER 1, 2009 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the September 1, 2009 City Council agenda, the following items are in order for consideration. Agenda Information Memo September 1, 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 August 18, 2009 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the August 18, 2009 regular City Council meeting are enclosed on pages Is_ through, ( 0 - - MINUTES OF A REGULAR MEETING OF THE q EAGAN CITY COUNCIL Eagan, Minnesota August 18, 2009 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Tilley, Bakken and Hansen. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, August 18, 2009 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley, Bakken and Hansen. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Engineer Russ Matthys, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper. RECOGNITIONS There were no recognitions or presentations. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the August 18, 2009 regular City Council meeting and the July 28, 2009 Special City Council Retreat as presented. B. Personnel Items. 1. It was recommended to adopt a Resolution Proposing the Elimination of one FTE Office Support Specialist in the Police Clerical Unit. C. It was recommended to ratify check registers dated July 31 and August 6, 2009 as presented. D. It was recommended to approve a temporary on-sale liquor license and waive the license fee for Faithful Shepherd Catholic School. E. It was recommended to declare the following parcel as non-conservation land: 10-84900-010-00 (Woodstone Townhomes Addition Outlot A). F. It was recommended to adopt proposed changes to the City's Emergency Plan. G. It was recommended to accept a donation of $20 for the 2009 Halloween Hodgepodge event. H. It was recommended to approve the Community Development Block Grant (CDBG) Subrecipient Agreement for the City's 2009-2010 CDBG Program with the Dakota County Community Development Agency (CDA). 1. It was recommended to receive bids and approve a resolution awarding the sale of $525,000 General Obligation Equipment Certificates of Indebtedness to Anchor Bank Wayzata at a rate of 3.3726% J. It was recommended to approve Plans and Specifications and Authorize Advertisement of Bids for Contract 09-07 (Phase II Implementation of 2007 Stormwater Management Plan - City-Wide Storm Sewer Improvements). K. It was recommended to approve the final payment for Contract 07-04 (Boulder Lakes Business Park - Street and Utility Improvements) in the amount of $69,723.94 to S.J. Louis Construction, Inc., including certain improvements for perpetual City maintenance subject to warranty provisions. L. It was recommended to approve the posting of No Parking signs on the temporary cul-de-sac bubble on the south end of Ames Crossing Road, until future extension of Ames Crossing Road. 9 City Council Minutes August 18, 2009 DRAFT Page 2 M. It was recommended to approve Change Order No. 2 to Contract 09-12 (Diffley and Rahn Road - Intersection/Roundabout Improvements) and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to receive the request to vacate public trail easement on Lots 20 and 21, Block 1, Chatterton Ponds and schedule a public hearing to be held on September 15, 2009. PUBLIC HEARINGS VARIANCE - JAMES BARTON DESIGN BUILDING, INC. City Administrator Hedges introduced this item regarding a request for a variance to allow for construction of a garage addition with living space above within the 10-foot side yard setback requirements on property located at 540 Esk Lane. City Planner Ridley gave a staff report. James Barton discussed the proposed additional living space above the third stall garage. Mayor Maguire opened the public hearing. Jeff Wiggen, adjoining property owner, expressed concern over the space between the houses once the garage is constructed. He stated he would prefer something more ascetically pleasing as a view from his house. There being no further public comment, Mayor Maguire turned discussion back to the Council. Councilmember Bakken noted that the garage addition could be constructed without a variance. The living space above the garage requires the variance. Councilmembers held a discussion regarding the design of the addition and Mr. Barton explained some of the relief features that are intended to lessen the visual impact to the neighbor. Councilmember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and approve a Variance to allow for construction of a garage addition with living space above, within the 10- foot side yard setback requirements on property located at 540 Esk Lane and legally described as Lot 2, Block 3, Coventry Pass subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The addition shall not exceed the size shown on the proposed site plan received July 30, 2009. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4. A building permit must be obtained prior to construction. 5. The addition shall not have a door on the west side. PROJECT 858, CONTRACT 08-13, SIBLEY TERMINAL / HWY 13- STORM SEWER IMPROVEMENTS FINAL ASSESSMENT ROLL City Administrator Hedges introduced this item regarding the final assessment roll for Project 858, Sibley Terminal / Highwayl 3 storm sewer improvements. Assistant City Engineer Gorder provided an overview of the project. Public Works Director Colbert discussed the proposed assessment. Mayor Maguire opened the public hearing. 1 City Council Minutes August 18, 2009 DR Page 3 ` /q F T Todd Johnson, representing Global Equity Partners, owner of the property located at the southwest corner of the intersection of Terminal Drive and Highway 13, expressed opposition to the proposed assessment. There being no further public comment, Mayor Maguire turned discussion back to the Council. Councilmembers held a discussion regarding the project and the proposed assessment to Global Equity Partners. Councilmember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and approve the final assessment roll for Project 858, Sibley Terminal / Highway 13 Storm Drainage Improvements, and authorize its certification to Dakota County for collection. Discussion was held with Mr. Johnson regarding negotiation of the proposed assessment. Councilmember Fields withdrew the previous motion. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue the public hearing to September 1, 2009 and direct staff to revise the final assessment roll and get executed waiver of objection for Project 858, Sibley Terminal / Highway 13 Storm Drainage Improvements. Aye: 5 Nay: 0 OLD BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT AND PLANNED DEVELOPMENT AMENDMENT - COVENTRY SENIOR LIVING City Administrator Hedges introduced this item regarding the submittal to the Metropolitan Council a Comprehensive Land Use Plan Amendment that would change the land use designation from SA/MD (Special Area / Medium Density, to SA/HD (Special Area/High Density), to allow for a 56 unit Senior Living Facility in Terra Glenn 3` Addition. City Planner Ridley noted this item had been before the Council previously and the applicant had requested direction and a continuance to allow time to modify the proposed site plan and hold a neighborhood meeting. Mr. Ridley then reviewed the modifications to the proposal. Greg Johnson representing Coventry Senior Living discussed the revised plan for the senior living facility. Two area residents spoke in opposition to the proposed senior living facility. Staff responded to their concerns. Councilmember Fields moved, Councilmember Tilley seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Land Use Plan Amendment that would change the land use designation from SA/MD (Special Area/Medium Density), to SA/HD (Special Area/High Density), to allow for a 56 unit Senior Living Facility at property legally described as Lots 1 and 2, Block 1, Terra Glenn 3rd Addition in the NW'/4 of Section 16. Aye: 5 Nay: 0 The Mayor and City Council also directed staff to bring the Guide Plan Amendment and Planned Development Amendment back to the Council as an Old Business item and to provide mailed notice of that meeting to all properties on Birchpond Road. NEW BUSINESS There were no New Business items. 5 City Council Minutes August 18, 2009 Page 4 Ic LEGISLATIVE I INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. The regular City Council meeting was recessed at 9:10 p.m. to immediately convene a meeting of the Economic Development Authority. The regular meeting was reconvened at 9:15 p.m. ADMINISTRATIVE AGENDA There were no items requiring action. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Bakken moved, Councilmember Fields seconded a motion to adjourn the meeting at 9:15 p. M. Date Administrative Secretary / Deputy Clerk Agenda Information Memo September 1, 2009 Eagan City Council Meeting B. PERSONNEL ITEMS There are no Personnel Items to be considered at this time. 7 Agenda Information Memo September 1, 2009 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check register dated August 20, 2009 as presented. ATTACHMENTS: • Check register dated August 20, 2009 is enclosed without page number. 19 Agenda Information Memo September 1, 2009 Eagan City Council Meeting D. AUTHORIZE CONSULTING CONTRACT FOR FEDERAL APPROPRIATIONS APPLICATION FOR SAFETY CAMPUS ACTION TO BE CONSIDERED: Authorize contract with J&P Associates for consulting services for the purpose of making application for federal appropriations for the proposed Safety Campus. FACTS: • J&P Associates has a very success rate for obtaining federal appropriations (95%) for municipalities. • Representatives from J&P have met with city staff and feel that the proposed Safety Campus would be an ideal project for federal appropriations funding. • The consultant services include research, prepare, draft and submit three federal appropriation requests for funding in fiscal year 2011. o Request 1: $650,000 request from Commerce, Science and Justice Appropriations Subcommittee or Transportation Appropriations Subcommittee (using Urban Development as the account). o Request 2: $750,000 request from Commerce, Science and Justice again OR Homeland Security OR Labor, for the fire safety training center. o Request 3: The third request would be roughly $650,000 and from the similar committees' mentioned above for developmental needs to be determined upon further work with J&P. • The fee for the consulting services is $25,000 with an additional $2,000 for trip expenses if the consultant is requested to travel to Washington DC. ATTACHMENTS: • Contract on pages 1 through • Statement of work on pages ~ through j 9 CONSULTANT AGREEMENT This CONSULTING AGREEMENT ("Agreement") is made and entered into as of September 1, 2009, by and between CITY OF EAGAN, a Minnesota nonprofit organization ("COE"), and J&P Associates of Minnesota ("Consultant"). RECITALS WHEREAS, Consultant is in the business of providing expertise in securing federal appropriations for nonprofit organizations; and WHEREAS, COE and Consultant desire to enter into an agreement pursuant to which Consultant will provide expertise and services to seal federal appropriations on a per project basis; and WHEREAS, in consideration of the payments to be made by COE as set forth herein, Consultant and COE agree to provide and accept services in accordance with the terms set forth below. NOW THEREFORE, in consideration of the following, the mutual agreements and undertakings contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Consultant Duties 1.1 Statement of Work. As COE and Consultant agree upon the nature and time schedule of a project, they shall complete a Statement of Work. 1.2 Provision of Services by Consultant. Services under this Agreement shall be provided exclusively by Consultant. 1.3 Warranty. Consultant warrants that its services will be performed in a professional and workpersonlike manner and that none of such services or any part of this Agreement is or will be inconsistent with any obligation Consultant may have to others. 1.4 Compliance. Consultant shall comply with all applicable COE policies and procedures, which may be amended from time to time, and include, but are not limited to, its Corporate Compliance requirements and ethics standards, policies related to proprietary or confidential information, standards applicable to billing for services rendered, and standards related to maintenance of client and business records. In performance of it's duties under this Agreement, Consultant will comply at all times with all applicable laws, regulations, codes and standards. 1 COE Duties 2.1 Payment. As full compensation for the performance of all services under this Agreement, COE shall pay to Consultant the rate and other charges, if any, set forth in the Statement of Work. 2.2 Billing. Consultant shall submit 3 separate invoices (every 90 days) to COE for services performed under the Statement of Work. Each invoice shall identify the work completed and a detailed breakdown on any other charges, if any, and a status update on each project's deliverables. Such invoices shall be payable within twenty (20) days of receipt by COE. All work performed whether during regular time, overtime, or weekends shall be billed to COE at the project rate specified in the corresponding Statement of Work. 2.3 Interest. COE shall pay Consultant interest on invoices that are unpaid forty (40) days after receipt by COE at the rate of 1.5% per month. Protection and Confidentiality of Data 3.1 Limitation and Use and Disclosure. Consultant hereby agrees that it shall be prohibited from using or disclosing the information provided or made available by COE for any purpose other than as expressly permitted or required by this Agreement or as required by law. 3.2 Performance. The parties hereby agree that Consultant shall be permitted to use information provided or made available by COE for Consultant's performance measurement and improvement services. Consultant will establish and maintain appropriate safeguards to prevent any use or disclosure of the information, other than as provided for by this Agreement. 3.3 Reporting. Consultant hereby agrees that it shall report to COE within two (2) days of discovery any use or disclosure of information not provided for or allowed by this Agreement. Limits of Liability 4.1 Maximum Liability. Consultant's maximum liability to COE arising for any reason relating to Consultant's performance of services under the Statement of Work shall be limited to the amount of fees paid to Consultant for the performance of such services. Term and Termination 5.1 Term. This Agreement shall be in effect for the period of twelve (12) months from September 1, 2009 to August 31, 2010. Service schedules and terms for specific projects shall be provided in Statement of Work. 2 I 1 5.2 Termination. Either party may terminate this Agreement, with or without cause, after the initial term. Additionally, COE may, in its sole discretion, terminate this Agreement at any time if. Consultant breeches a material term and fails to commence curing such breach to the reasonable satisfaction of COE within ten (10) business days of receiving written notice of claimed breach or Consultant fails to perform its obligation under this Agreement to COE's satisfaction and such failure continues for a period of fifteen (15) business days after written notice of such breach to Consultant; COE for its convenience, wishes to terminate the Agreement upon ninety (90) days advance written notice to Consultant; or termination is otherwise allowed under this Agreement. Upon termination, Consultant shall immediately deliver to COE; all work product and all documents or items containing, in whole or part, confidential information. Miscellaneous 6.1 Notices. Any notice, demand, request or other communication under this Agreement shall be in writing and shall be deemed to have been given on the date of service if personally served, or by overnight express, or on the fifth day after mailing if mailed by registered or certified mail, return receipt requested, addressed as follows: To: Mike Maguire Mayor 3830 Pilot Knob Rd Eagan, MN 55122 To Consultant : Jayne Jones & Shawn Peterson Senior Partners J&P Associates 1248 Macey Way Stillwater, MN 55082 6.2 Amendment or Modification. This Agreement may not be changed except by written amendment signed by authorized representatives of both parties. 6.3 Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of Minnesota. 6.4 Entire Agreement. This Agreement and its Exhibits constitute the entire agreement between COE and Consultant with respect to the terms thereof, and all prior written and oral agreements. 3 I\ IN WITNESS WHEREOF, the parties hereto have executed this Consulting Agreement, effective as of the date first written above. CITY OF EAGAN J&P ASSOCIATES BY: BY: Name: Mike Maguire Name: Shawn M. Peterson Title: Mayor Title: Senior Partner Date: Date: AGREEMENT is four pages. 4 /3 STATEMENT OF WORK FOR CONSULTING CONTRACT BETWEEN CITY OF EAGAN AND J&P ASSOCIATES This Statement of Work is effective September 1, 2009 through August 31, 2010: CITY OF EAGAN AND J&P Associates 3830 Pilot Knob Road 1248 Macey Way Eagan, MN 55122 Stillwater, MN 55082 ("COE") ("Consultant") Background: COE and Consultant have entered into the CONSULTING AGREEMENT effective as of September 1, 2009 ("Agreement"), which provides the general terms and conditions governing the agreement between COE and Consultant for the provision of decision support and process improvement services by Consultant. The Agreement contemplates that the scope of this project, which will be of fixed duration and limited scope, shall be set forth in a Statement of Work. This Statement of Work sets forth the nature of appropriation requests/projects that is the subject of this Statement of Work, the scope of the services to be provided by Consultant for this project, and certain other terms and conditions specific to the services to be provided for this project. Appropriation Estimates and Strategy Upon first review, Consultant believes that COE shall research, prepare, draft and submit three federal appropriation requests for funding in FY11. These requests should be based on the following dynamics: Request One: Appropriation Bill-Commerce, Science and Justice (CJS) or Transportation/Urban Development Delegation Member(s): Klobuchar Amount: Approximately $650,000 request Request Two: Appropriation Bill-Commerce, Justice, Science (CJS) or Homeland Security Delegation Member(s): Franken Amount: Approximately $750,000 request Request Three: Appropriation Bill-To be determined based on project request Delegation Member(s): To be determined based on project request Amount: Approximately $650,000 request Project/Deliverables/Milestones: Stage One: Research and Exploration (September 1, 2009 to October 31, 2009) • Extensive research regarding COE and prioritize needs; • Identify needs for federal appropriations and possible funding accounts; • Research and identify funding sources for federal appropriation; • Research similar approved appropriation requests for similar need, organization, and congressional member; • Determine best strategy for securing appropriation requests based on needs and on-going congressional interests; Stage Two: Drafting and Writing (November 1, 2009 to January 31, 2010) • Continue Stage One tasks; • Craft "marketing" appropriation piece for each request; • Draft "white paper" appropriation piece for each request; • Prepare complete appropriation presentation for each congressional office and prepare COE for appropriation submission; • Finalize all appropriation requests and detailed review of each request by COE. Stave Three: Submission and Monitoring (February 1, 2010 to August 31, 2010) • Consultant will have frequent communication with congressional offices regarding upcoming appropriation requests and process for FY11. 'S • Submit all federal appropriation requests to each congressional office on appropriate form; • Plan, schedule, and execute trip to Washington DC to meet with each congressional office presenting appropriation request; • Monitor and track appropriation bills (CJS and Transportation) and inform COE progress; • If needed, plan, schedule, and execute Minnesota based congressional office visits; • Build relationships with congressional members for COE funding if needed, tours and visits with COE City Council or attendance at COE event; • Based on current press situation, monitor and advise media relations if needed for each appropriation request to stimulate interest of Minnesotans and also congressional member(s). Payment: Pursuant to the Time and Cost estimates provided in this Statement of Work and the Agreement, COE shall pay Consultant for agreed services at a contractual rate of $25,000 for two appropriation requests. In addition, if Consultant travels to Washington DC per the request of COE, COE shall pay Consultant an additional $2000 for trip expenses. Signature: COE and Consultant have signed this Statement of Work in duplicate. IN WITNESS WHEREOF, COE and Consultant acknowledge, represent, and warrant that they have read and understand the terms of this Statement of Work and agree to be bound by this Statement of Work. CITY OF EAGAN J&P ASSOCIATES BY: BY: Name: Thomas Hedges Name: Shawn M. Peterson Title: City Administrator Title: Senior Partner Date: Date: STATEMENT OF WORK is three pages. ((0 Agenda Information Memo September 1, 2009, Eagan City Council E. APPROVE EAGAN FIREFIGHTERS RELIEF ASSOCIATION 2010 - 2014 PENSION CONTRIBUTION AGREEMENT ACTION TO BE CONSIDERED: To approve the Eagan Firefighters Relief Association 2010 - 2014 Pension Contribution Agreement. FACTS: • The City Administrator and Director of Administrative Services have had a number of meetings with representatives of the Eagan Firefighters Relief Association Pension Committee and with the City's Finance Committee discussing a 2010 - 2014 Pension Contribution Agreement. • An agreement containing the following elements has been approved by the membership of the Firefighters Relief Association and is recommended for approval by the City's Finance Committee: 1. The agreement would cover five years, 2010 through 2014. 2. The City's contribution per firefighter would increase from the current 2009 level of $6,146 by 3% per year for the next five years. The 2010 contribution amount would be $6,330. 3. The City's contribution to administrative fees would increase from the current 2009 level of $28,480 by 2% per year. The 2010 amount would be $29,050. 4. The State's premium tax payment to the City would continue to be passed directly to the Relief Association per State Law and the City would contribute the required difference to fully fund the obligation. • In recommending approval of this agreement, the Finance Committee is acknowledging the contributions of the Volunteer Fire Fighters to the City and is recognizing the unique circumstances surrounding annual contribution amounts. • Although the item has been placed on the Consent agenda for formal consideration, it can be pulled, if the Finance Committee or City Council would like any additional information or would like to undertake further discussions. • The required 2010 appropriation will be included in the 2010 General Fund operating budget. ATTACHMENTS: • Attached on pages /g and is a copy of the Contribution Agreement for the years 2010 through 2014. 17 CONTRIBUTION AGREEMENT THIS AGREEMENT is made and effective as of this day of September, 2009, by and between The City of Eagan, Minnesota (the "City"), and the Eagan Firefighters Relief Association (the "Association"), hereinafter the "Parties." RECITALS 1. Definitions. As used herein, the following terms shall have the meanings set forth below, and where said meanings are intended, the terms shall be capitalized: 1.1. "Plan Year" shall mean the annual period from January 1 to December 31. 1.2. "Contribution Amount" shall mean the contribution to the Fund, as determined in Paragraph 4 of this Agreement, which includes any money the City receives from the State of Minnesota or its subdivisions as well as money from City tax revenues. 1.3. "Fire State Aid" shall mean any amounts received or receivable during a Plan Year by the City from the State of Minnesota pursuant to Chapter 69 of the Minnesota Statutes. 1.4. "Fund" shall mean the Association's "Special Fund" as defined by statute. 2. Term and Effective Date. This agreement is effective as of January 1, 2010, and shall remain effective for five (5) consecutive Plan Years, until December 3 1, 2014. 3. Year Contribution Amount. 2010 $6,330 2011 $6,520 2012 $6,716 2013 $6,917 2014 $7,125 4. Payment Dates. The City will pay the Contribution Amount to the Fund for each plan year in three payments. On July 15, the City shall make the first payment of the contribution amount which shall be an amount equal to the allocation of contributions to Association members' accounts calculated for June 30 of the Plan Year under the Association's bylaws, reduced by 50% of a reasonable estimate of the Fire State Aid that will be received for the Plan Year. The second payment shall consist of funds received by the City pursuant to State Statute. The balance owed of the contribution amount shall be made by the City on January 15 following the end of the Plan Year. 5. Year Administrative Expenses. 2010 $29,050 2011 $29,631 2012 $30,223 2013 $30,828 2014 $31,444 6. Miscellaneous. 6.1. Governing Law; Venue. This Agreement and the rights of the Parties shall be governed by and construed and enforced in accordance with the laws of the State of Minnesota without reference to the choice of law doctrine of such state. Each of the Parties hereto consents to venue of any suit or action under or with regard to this Agreement in an appropriate court with jurisdiction in Dakota County, Minnesota. 6.2. Construction; Severability. Wherever possible each provision of this Agreement is to be interpreted in such a manner as will be effective and valid under applicable law, but if any provision of this Agreement is prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 6.3. Further Assurances. The Parties hereby agree to execute any instrument and to perform any acts that may be necessary or proper to carry out the purposes of this Agreement, including specifically the execution by the Association of such receipts of payment as the City may request. 6.4. Amendment. This Agreement may be amended or modified only by a writing executed by all of the Parties hereto. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. THE CITY OF EAGAN, MINNESOTA EAGAN FIREFIGHTERS RELIEF ASSOCIATI By: By Mike Maguire, Mayor Title: T' And by: Maria Petersen, Clerk 2 19 Agenda Memo September 1, 2009 City Council Meeting CONSENT AGENDA: F. Direct staff to prepare an Ordinance Amendment for Chapter 6.39 regarding massage therapist licenses. ACTION TO BE CONSIDERED: Direct staff to prepare an Ordinance Amendment for Chapter 6.39 regarding massage therapist licenses. FACTS: • Recently revised Minnesota State Statute 471.709 reads as follows: Notwithstanding any law to the contrary, a municipality shall not require a massage therapist to obtain a license or permit when the therapist is working for or an employee of a medical professional licensed under Chapter 147 or 148. • Chapter 6.39 Subdivision 5 of the City Code currently requires that all massage therapists be licensed, including therapists working for a medical professional. • An ordinance amendment is necessary to bring the City Code into compliance with State Statutes. • Licenses for massage therapists employed by (non medical professional) massage therapy establishments will continue to be required, along with a background investigation. • The actual ordinance amendment will be brought before the City Council at a future meeting. ATTACHMENTS: None az) Agenda Information Memo September 1, 2009 Eagan City Council Meeting G. CONTRACT 09-06, WETLAND BANK PLAN WANDERING WALK PARK ACTION TO BE CONSIDERED: Award Contract 09-06 (Wandering Walk Park - Wetland Banking Improvements) to G. F. Jedlicki, Inc., for the base bid amount of $50,480 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Minnesota Board of Water and Soil Resources Rules (MN Rules Ch. 8420.0700 to 8420.0760) provide standards for establishing and administering the state's wetland banking system, as authorized by MN Stats. §103G.2242. Subject to these rules, a Wetland Bank account holder may deposit or withdraw wetland credits to replace present or future wetland impacts. • On May 15, 2002, the City of Eagan established an account in the MN Wetland Bank when it bought 3.5 acres of credits at a 27.5-acre Wetland Bank site in Eureka Township, Dakota County. The City has withdrawn credits due to wetland impacts incurred by various improvements within the City over the past 7 years. Presently, the City has 1.99 acres of Wetland Bank credits remaining. • During a 2003 workshop, the City Council expressed interest in acquiring additional Wetland Bank credits. The 2007 Water Quality and Wetland Management Plan (WQWMP) prioritized completing a wetland assessment in parks and other dedicated open space to identify potential banking and mitigation sites within the City. After completing this inventory, two proposed Wetland Bank sites, one in Bridle Ridge Park and one in Wandering Walk Park, were identified. • On May 6, 2008, the City Council directed a state-required Wetland Bank Plan application be prepared for its future consideration. Additional site analysis has since indicated soils at Bridle Ridge Park to be unfavorable for wetland creation, so staff developed plans only for Wandering Walk Park. • At a neighborhood meeting February 26, 2009 at the Daniel and Corinne Thill home, staff discussed the proposed project with residents adjacent to Wandering Walk Park. Despite blustery snowfall, 21 residents attended-representing between one-third and one-half of adjacent homeowners. The meeting's purpose was to provide residents the opportunity to guide staff's efforts to propose a plan that would be consented by the neighborhood and would fulfill the City Council's directive. • The proposed Wetland Bank site in Wandering Walk Park would provide about 3 acres of additional credits through berm construction, grading and soil compaction, and stormwater rerouting. If approved, all staff, consultant, and construction costs would be paid through the City's Lakes and Wetlands Program and the Water Quality Capital Improvement Plan. • On April 7, 2009 the City Council accepted the wetland bank application and authorized a 30- day public comment period before it made a decision whether or not to create a Wetland Bank site in Wandering Walk Park. • On July 7, the City Council approved the wetland bank application and authorized preparation of plans and specifications upon accepting the Findings of Fact issued by an interagency wetland technical evaluation panel. The Findings of Fact, required by state law, included recommendations to the City on the project. • All of the easements needed for the construction of these improvements have been acquired. • At 10:30 a.m. on August 25, formal bids were received for this project. All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid from G. F. Jedlicki has been reviewed by the Engineering Division and is in order for favorable Council action. ATTACHMENTS: Bid Summary, page a a 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com August 27, 2009 4' Bonestroo Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1810 Re: Wandering Walk Park Wetland Bank Project City Project No. 1017 Project No. 000049-08147-0 Bid Results Dear Honorable Mayor and City Council: Bids were opened for the Project stated above on Tuesday, August 25, 2009. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder once the Project has been awarded. There were a total of ten Bids. The following summarizes the results of the Bids received: Contractor Total Base Bid Low G.F. )edlicki, Inc. $50,480.00 #2 Burschville Construction, Inc. $53,507.10 #3 Kusske Construction Co., L.L.C. $54,243.90 #4 McNamara Contracting, Inc. $57,808.50 #5 Minger Construction, Inc. $60,464.10 #6 Sunram Construction, Inc. $67,019.20 #7 Park Construction Company $68,210.00 #8 Nadeau Excavating, Inc. $74,284.00 #9 Veit & Company, Inc. $77,971.50 #10 *TMS Construction (non-qualifying bid) $49,728.50 * A bid was received from TMS Construction without the required bidder qualifications per Section 00820 The low Bidder on the Project was G.F. )edlicki, Inc. with a Total Base Bid Amount of $50,480. This compares to the Engineer's Estimate of $60,000. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then G.F. 7edlicki, Inc. should be awarded the Project on the Total Base Bid Amount of $50,480. Should you have any questions, please feel free to contact me at (651) 604-4913. Sincerely, BONESTROO Chad G. Davison, P.E. St. Paul Enclosure St. Cloud Rochester Milwaukee Chicago Agenda Information Memo September 1, 2009 Eagan City Council Meeting H. CONTRACT 07-06, LEBANON HILLS REGIONAL PARK/LONG ACRES STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 07-06 (Lebanon Hills Regional Park/Long Acres - Storm Sewer Improvements) in the amount of $23,102.34 to Minger Construction, Inc., and accept improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 07-06 provides for the managed conveyance of storm water flows from southeast Eagan into and through, as well as for, Dakota County's Lebanon Hills Regional Park (LHRP). The improvements included the construction of storm sewer pipe along the south side of Cliff Rd from McDonough Lake to the Holland Lake lift station as well as the required diversion and pre-treatment pond for Jensen Lake as discussed during the Steeplechase development. • These improvements have been completed, inspected by representatives of Dakota County and the Public Works Department, and found to be in order for favorable Council action of acceptance for perpetual maintenance subject to warranty provisions. Q__3 Agenda Information Memo September 1, 2009 Eagan City Council Meeting 1. CITY PROJECT 07-0 MARSH COVE DECLARE DEFAULT/ AUTHORIZE FUND DEPOSIT/ APPROVE CITY CONTRACT ACTION TO BE CONSIDERED: Declare the developer in default the development contract, authorize fund deposit from development's letter of credit provider, and approve a contract with Bituminous Roadways, Inc. in the amount of $20,160 to complete the remaining public improvements within Marsh Cove (City Project No. 07-0). FACTS: • Marsh Cove is an 11-lot single-family residential subdivision located west of Dodd Road and south of Red Pine Lane in the southeast corner of the city. The approved development agreement required the installation of public sanitary sewer, lift station structure, water main, storm sewer, street improvements and related grading, to be performed privately by the developer. • The developer of Marsh Cove, Rich Ragatz - Epic Development, has failed to perform certain public improvements within the completion dates stipulated, and therefore, is in default under the terms and conditions of the development contract. • The City has received bid proposals from three contractors to complete the remaining public improvements. The bid proposal from Bituminous Roadways, Inc., in the amount of $20,160 has been reviewed by the Engineering Division and is in order for favorable Council action to enter into a contract. • The developer's successor and letter of credit provider, Americana Bank of Minnetonka, wishes to deposit funds with the City to cover the costs of the remaining public improvements to be installed, including the placement of the final bituminous wear course and the installation of an 8-foot wide bituminous trail along the entire length of the development along Dodd Road. -GY Agenda Information Memo September 1, 2009 Eagan City Council Meeting J. PROJECT 973, WINDTREE ADDITION STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 973 (Windtree Addition - Street Improvements) and schedule a public hearing to be held on October 6, 2009. FACTS: • Project 973 provided for the street improvements of the streets within the Windtree Addition neighborhood, located north of Wescott Road and east of Elrene Road. The street improvements were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 09-02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are approximately 20% less than the estimate contained in the feasibility report presented at the public hearing held on December 16, 2008 mainly due to favorable bids received. Agenda Information Memo September 1, 2009 Eagan City Council Meeting K. PROJECT 980, HAMPTON HEIGHTS/ STONEY POINTE/ BLACKHAWK GLEN ADDITION STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 980 (Hampton Heights/ Stoney Pointe/ Blackhawk Glen Addition - Street Improvements) and schedule a public hearing to be held on October 6, 2009. FACTS: • Project 980 provided for the street improvements of the streets within the Hampton Heights/ Stoney Pointe/ Blackhawk Glen Addition neighborhood, located south of Yankee Doodle Road and west of I-35E. The street improvements were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 09-02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are approximately 10% less than the estimate contained in the feasibility report presented at the public hearing held on January 20, 2009 mainly due to favorable bids received. "1 Agenda Information Memo September 1, 2009 Eagan City Council Meeting L. PROJECT 982, ST. FRANCIS WOODS ADDITION STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 982 (St. Francis Woods Addition - Street Improvements) and schedule a public hearing to be held on October 6, 2009. FACTS: • Project 982 provided for the street improvements of the streets within the St. Francis Woods 6t' Addition neighborhood, located south of Duckwood Drive and west of Lexington Avenue. The street improvements were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 09-02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are 20% less than the estimate contained in the feasibility report presented at the public hearing held on January 6, 2009 due to favorable bids received and lower than anticipated contract management costs. Agenda Information Memo September 1, 2009 Eagan City Council Meeting M. PROJECT 1000, GRACE DRIVE STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1000 (Grace Drive - Street Improvements) and schedule a public hearing to be held on October 6, 2009. FACTS: • Project 1000 provided for the street improvements on approximately 300 feet of Grace Drive, located east of Pilot Knob Road and north of Lebanon Hills Regional Park. The street improvements were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 09-02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are 50% less than the estimate contained in the feasibility report presented at the public hearing held on January 20, 2009, due to favorable bids received and the use of a lower cost alternative pavement rehabilitation method. °2P Agenda Information Memo September 1, 2009 Eagan City Council Meeting N. PROJECT 1002, PINECREST OF EAGAN STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1002 (Pinecrest of Eagan - Street Improvements) and schedule a public hearing to be held on October 6, 2009. FACTS: • Project 1002 provided for the street improvements of Pinecrest Court and Crestridge Court within the Pinecrest of Eagan neighborhood, located east of Pilot Knob Road and south of Crestridge Drive. The street improvements were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 09-02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are approximately 20% less than the estimate contained in the feasibility report presented at the public hearing held on January 20, 2009, mainly due to favorable bids received. ~9 Agenda Information Memo September 1, 2009 Eagan City Council Meeting 0. PROJECT 1003, BLUE GENTIAN ROAD STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1003 (Blue Gentian Road - Street Improvements) and schedule a public hearing to be held on October 6, 2009. FACTS: • Project 1003 provided for the street improvements of Blue Gentian Road from Highway 149 to approximately 1,100 feet east of Highway 149. The street improvements were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 09-01, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are approximately 20% less than the estimate contained in the feasibility report presented at the public hearing held on December 1, 2008 due to favorable bids received. 3d Agenda Information Memo September 1, 2009 Eagan City Council Meeting P. CONTRACT 09-08, 2008 CITY-WIDE TRAIL IMPROVEMENTS AGREEMENT ACTION TO BE CONSIDERED: Approve a Joint Powers Agreement with the Dakota County for the reconstruction and overlay of County trails under City Contract 09-08 (2009 City-Wide Trail Improvements), and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On July 7, 2009, the Council approved Contract 09-08 which provides for the reconstruction or overlay of approximately 3.8 miles of existing bituminous trail segments within the City of Eagan. Approximately 1.5 miles of these trail segments are adjacent to County roads and under Dakota County's jurisdiction. • In 1994, the City entered into an agreement with Dakota County which identified each agency's cost responsibilities for timely maintenance of trails adjacent to County roads. • In accordance with the 1994 agreement, the required Joint Powers Agreement between the City of Eagan and Dakota County has recently been prepared providing for a cost share of 55% County and 45% City for trail overlay or reconstruction under City Contract 09-08. • The agreement has been reviewed by the City Attorney and Public Works Department and is in order for favorable Council action. The County Board approved the JPA on July 21, 2009 31 Agenda Information Memo September 1, 2009, Eagan City Council Meeting Q. WAIVE THE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ACTIONS TO BE CONSIDERED: To waive the monetary limits on municipal tort liability. FACTS: ? Cities, like other non-governmental defendants, are generally subject to liability for their torts (a civil wrong or injury which arises out of a violation or breach of a duty owed by the city to an injured or damaged plaintiff) and those of their officers, employees and agents acting within the scope of their employment or duties. Minnesota Statutes 466.04 addresses the tort liability of municipalities, limiting the financial liability of any municipality to $500,000 to any one claimant and up to $1,500,000 for all claimants per incident. The purpose behind the tort damage caps are to protect and preserve limited public resources. ? Past practice for Eagan has been to waive the monetary limits on tort liability thereby providing a plaintiff the opportunity to recover full compensatory damages. For instance, if a court found that a plaintiff's damages were $600,000 due to the city's negligence, by not waiving the monetary limits, the plaintiff could only recover $500,000 in damages. By choosing to waive the monetary limits on the tort liability, the award will be fairer to a claimant for a loss exceeding $500,000. By waiving the statutory limit, the city makes it possible for a claimant to recover up to the full limit of the city's LMCIT liability coverage, which could potentially be $1,500,000. Keep in mind that if there are multiple claimants involved, the maximum award would be $1,500,000 per occurrence, not per party. Since waiving the monetary limits increases the city's exposure, there is an additional premium charge of approximately 3.5% (which equates to about $6,400 for the policy year 2009-10) if the city decides to waive the statutory per-person limit. ? The LMCIT requires annual approval to waive the statutory limits. ATTACHMENTS (0): 3~ Agenda Memo September 1, 2009 City Council Meeting CONSENT AGENDA: R. Tree Maintenance Contractor License for Morgan's Tree Service and Oleson's Tree Service ACTION TO BE CONSIDERED: Approve Tree Maintenance Contractor License for Morgan's Tree Service, 732 Arlington Ave., St. Paul and Oleson's Tree Service, 13967 113t" St., Little Falls, MN 56345 FACTS: • Timothy Morgan has applied for a tree maintenance contractor license for Morgan's Tree Service located at 732 Arlington Ave. in St. Paul • Kurt Olson has applied for a tree maintenance contractor license for Oleson's Tree Service, located at 13967 113th St., Little Falls • All requirements of the applications have been met and staff deems the license in order for approval. ATTACHMENTS: None. The applications are available for review in the Administration Department. 33 Agenda Information Memo September 1, 2009 Eagan City Council Meeting PUBLIC HEARINGS A. PROJECT 858, CONTRACT 08-13, SIBLEY TERMINAL/ HWY 13 STORM SEWER IMPROVEMENTS FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: 1. Approve the Revised Final Assessment Roll for Project 858 (Sibley Terminal/ Highway 13 - Storm Drainage Improvements) and authorize its certification to Dakota County for collection. 2. Award Contract 08-13 (Sibley Terminal/Highway 13 - Storm Drainage) to G.F. Jedlicki, Inc., for the base bid ($82,315) and authorize the Mayor and City Clerk to execute all related documents. 3. Approve an agreement with the Minnesota Department of Transportation (MNDOT) for the maintenance of the storm sewer improvements to be constructed under Project 858/ Contract 08-13 within Highway 13 right-of-way, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 858 and Contract 08-13 provide for storm drainage improvements for the drainage area near Trunk Highway 13 and Terminal Drive in northwest Eagan. 1. PROJECT 858 FINAL ASSESSMENT: • On May 19, 2009, the latest Public Hearing for Project 858 was held. After the presentation of the feasibility report and discussion from the affected property owners, the City Council approved the project and authorized the preparation of detailed plans and specifications along with an assessment benefit appraisal for the affected properties. • Due to objections to the proposed assessments expressed at the time of the Public Hearing on May 19, the Final Assessment Hearing is proposed to be held prior to the Council's consideration of awarding the contract. Since any non assessable cost will become the responsibility of the City, the limiting assessable benefit valuation is presented in the Final Assessment Report for the Council's consideration. • The Final Assessment Roll was presented to the City Council on July 21, 2009, with a public hearing scheduled for August 18 to formally present the costs associated with this public improvement to the affected benefiting properties. • On August 18, 2009, the City Council opened the final assessment public hearing. After testimony from the affected property owner, Todd Johnson - Global Equity Partners and staff presentation of the appraiser's estimate of benefit, the Council continued the public hearing to the September 1, 2009 meeting to allow City staff to allow Global Equity Partners an opportunity to execute a waiver of objection to special assessments in the reduced amount of $107,010. • The Waiver of Objection has been properly executed by Global Equity Partners, and a revised Final Assessment Roll is presented to the Council for formal adoption and certification. • All notices were published in the legal papers and sent to all affected property owners informing them of the public hearing August 18. Detailed information was mailed to the affected property owner (Global Equity Partners) before the August 18 hearing. ,5 ~ Agenda Information Memo September 1, 2009 Eagan City Council Meeting A. PROJECT 858, CONTRACT 08-13, SIBLEY TERMINAL/ HWY 13 STORM SEWER IMPROVEMENTS FINAL ASSESSMENT ROLL (Continued) FACTS (cont): 2. CONTRACT 08-13 CONTRACT AWARD: • On June 2, 2009, the City Council approved the plans and specifications for Contract 08-13 and authorized a solicitation of formal bids to obtain a firm construction cost estimate of the proposed improvement. • At 10:30 a.m. on July 16, formal bids from each bidder were received for this project. The low bid is 3 8.9% below the Engineer's Estimate and 41.6% below the Feasibility Report estimate. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid from G.F. Jedlicki, Inc., has been reviewed by the Engineering Division and is in order for favorable Council action. The Alternate Bid (replace watermain on Comanche Rd) is not recommended for consideration of inclusion in the contract award. 3. MAINTENANCE AGREEMENT: • A drainage and construction permit from MNDOT is required for the proposed storm sewer improvements within Highway 13 right of way. As a condition of the permit issuance, MNDOT requires the execution of an agreement providing for City maintenance of the improvements. • A maintenance agreement has been drafted by the City Attorney and is currently being executed by MNDOT. ATTACHMENTS: • Project 858 Revised Final Assessment Report, pages through 1. • Contract 08-13 Bid Summary, enclosed on page • Draft Maintenance Agreement, pagesthroug SS FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 858 Assessment: Aug. 18/ Sept. 1, 2009 Name: Sibley Terminal/ TH 13 Project Approval Date: May 19, 2009 Storm Sewer Improvements Final Feasibility Final Feasibility Rate Report Units Rate Report Units SANITARY STORM SEWER SEWER ? Trunk ? Trunk ? Lateral B Lateral $107,010 $324,790 (Based on Waiver ? Service ? Lat. Benefit/trunk WATER STREET ? Trunk ? Gravel Base ? Lateral ? Surfacing/ Signs ? Service ? Multi Family Equiv. ? Lat. Benefit/trunk ? WAC ? C/I Equiv. ? Conc Entr. OTHER STREET LIGHTS ? Service Pair ? Installation ? Energy Charge Contract Number of Interest Amount City Number Parcels Terms Rate Assessed financed 08-13 2 15 Years 6.5% $324,790 F.R. $0 F.R. $107,010 $186,305 (F.R. = Feasibility Report) Ste City of Eaaau Mello To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: August 26, 2009 Subject: Revised Final Assessment Roll, Project 858 Sibley Terminal/ Highway 13 Storm Sewer Improvements At the public hearing on April 19, 2009, the City Council approved Project 858 (Sibley Terminal Industrial Park - Storm Sewer Improvements) and authorized the preparation of detailed plans and specifications and along with an assessment benefit appraisal for the affected properties. In accordance with the feasibility report, storm sewer improvements along the east side of Highway 13 to divert drainage away from properties on the west side of Highway 13 are proposed. Subsequent to the public hearing, an independent appraiser rendered an opinion as to the amount each of the improvements increased the value of the affected properties. The improvements have been bid under Contract 08-13. On August 18, 2009 the City Council opened the public hearing for the final assessments. This revised final assessment report for Project 858 was prepared based on the direction provided by the City Council, and the indication of the sole affected property owner of their willingness to sign a waiver of objection for the special assessments. PROJECT COST The construction cost is estimated at $82,315 based on the low bid received from G.F. Jedlicki, Inc. on July 16, 2009. Easement costs totaling $141,600 have been incurred. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other are estimated at $70,000, for a total estimated project cost of $293,915. EST CONST OTHER COSTS/ EST FEASIBILITY IMPROVEMENT COST EASEMENT IMPROVEMENT REPORT COST Storm Sewer $82,315 $211,600 $293,915 $324,790 1 3.7 ASSESSMENTS • TRUNK ASSESSMENTS Trunk assessments for storm sewer have been previously paid by the benefiting properties and, therefore, none are proposed in this assessment roll. • PROJECT ASSESSMENTS Due to objections to the proposed assessments expressed at the time of the Public Hearing on May 19, 2009 the Final Assessment Hearing was held on August 18, 2009, prior to the Council's consideration of awarding the contract for the improvements. Since any non assessable cost will become the responsibility of the City, the limiting assessable benefit valuation was presented for the Council's consideration. Property ID Number Address Appraiser's Opinion Based on FR 10-68050-011-02 3207 Terminal Drive $0 $ 78,629 10-68050-020-02 3220 Terminal Drive $335,520 $ 160,786 10-68050-010-02 Vacant $174,480 $ 83,614 Totals $510,000 $324,790 Based upon this appraisal, it was proposed to assess the following estimated project costs to PIN 10-68050-010- 02 and PIN 10-68050-020-02 was presented in the original assessment report presented to the City Council August 19: Construction $82,315 Easement $141,600 Other indirect costs $24,695* Total Assessment $248,610 - Original Report 8/14/09 *Note: Because of the long duration of preliminary City and outside agency project approval, other indirect costs capped at 30% of estimated construction in accordance with approved feasibility report. Indirect costs at time of this report were approximately $57,100. Council Direction - August 19: Based on discussions with the affected property owner of the two affected properties at the Final Assessment Public Hearing August 19, 2009, the City Council directed City staff to execute a waiver of objection to special assessment agreement with the property owner for a special assessment amount of $107,010. This total amount represents the original total assessment amount of $248,610 minus the easement acquisition costs ($141,600). The City Council continued the Public Hearing to September 1, 2009 to allow for execution of the waiver agreement. If the waiver is executed, the following special assessments would be allocated to each affected property as follows: Property ID Number Address Area (Ac) Rate Special Assessment 10-68050-010-02 Vacant 2.18 $16,799.06 $36,621.95 10-68050-020-02 3220 Terminal Dr. 4.19 $16,799.06 $70,388.05 Total Assessment $107,010 2 3~ • ASSESSMENT TERMS The assessments are proposed for a term of 15 years for commercial/ industrial properties. The interest rate is 6.5% per annum on the unpaid balance for all assessed properties. CITY REVENUES (RESPONSIBILITY) EST ASSESSMENT CITY IMPROVEMENT IMPROVEMENT REVENUE RESPONSIBILITY COST Storm Sewer $293,315 $107,010 ($186,305) ¦ CITY FUND RESPONSIBILITY Storm Sewer Trunk Fund: $186,305 J hn Gorder, P.E. Reviewed Reviewed Pu lic Works Department Finance Dment Date Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney/ Sue Sheridan, Accountant I 3 37 SCALE: 1" = 200' FRM~~'~40 ~F # 3210 I I S 10-68050-010-02 S $ 36,621.95 j >\M 3207 I I I # 3220 10-68050-020-02 $ 70,388.05 I 3240 ? ? ? I I 3245 LETENDRE ST. Property Assessment 10-68050-010-02 $ 36,621.95 10-68050-020-02 $ 70,388.05 Sibley Terminal / Highway 13 Storm Sewer Improvements tl City of EaQal City Project No. 858 Aug. 19, 2009 Engineering Department Final Assessment Map - REVISED BID SUMMARY - CITY CONTRACT 08-13 SIBLEY TERMINAL INDUSTRIAL/ TH 13 STORM DRAINAGE IMPROVEMENTS CITY PROJECT 858 COMANCHE ROAD WATER MAIN IMPROVEMENTS (ALTERNATE BID) Bid Date/ Time: 10:30 a.m., Thursday, July 16, 2009 13 Bids Received - Low 5 Bidders Shown Contractors Total Base Bid Alternate Bid 1. G.F. Jedlicki, Inc. $82,315 $89,896 2. Stocker Excavating $86,947 $99,059 3. Northwest Asphalt, Inc. $90,324 $89,601 4. Carl Bolander & Sons $90,793 $91,624 5. Quiring Excavating $93,233 $85,785 Project 1 Base Bid Feasibility Report % II Engineer's % Under Estimate ' 11 Estimate 858 $82,315 $140,915 -41.6% $134,700 -38.9% Add Alt. Alternate Bid Feasibility ' i 1 Engineer's ' Under ' Estimate II Estimate ate 1 Report Comanche $89,896 NA NA $114,300 -21.4% Rd Water Main G:Projects. &Contracts/08-13Bid Summary Results MAINTENANCE AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND CITY OF EAGAN THIS AGREEMENT, made and entered into by and between the City of Eagan ("the City") and the Minnesota Department of Transportation ("MnDOT"), and together referred to as the "Parties", provides for the maintenance of a storm sewer and drainage ditch and related appurtenances to be constructed on the east side of Trunk Highway 13 ("TH 13") from Terminal Drive to Alexander Road in conjunction with City Project 858 and witnesses the following: WHEREAS, under Minnesota Statutes Section 471.59, subd. 1, two or more governmental units may enter into an agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; and WHEREAS, to ensure safe storm water runoff along the east side of Trunk Highway 13 ("TH 13") from Terminal Drive to Alexander Road, it is necessary to construct and make certain improvements to the storm sewer and drainage ditch; and WHEREAS, in conjunction with Contract 08-13, the Sibley Terminal Storm Drainage Improvements project, the City is extending storm sewer parallel along the Highway 13 ditch near Terminal Drive to divert storm water runoff along the east side of TH 13; and WHEREAS, as a prerequisite to issuing a permit for construction of the storm sewer within its right-of-way, MnDOT requires a maintenance agreement with the City for the storm sewer line, requiring City maintenance of the storm sewer pipe within Highway 13 right-of-way. 1 4? NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. MAINTENANCE OF STORM SEWER. The City shall maintain the storm sewer and drainage ditch and related appurtenances on the east side of Trunk Highway 13 from Terminal Drive to Alexander Road in accordance with MnDOT and City standards. 2. COSTS. The costs associated with the maintenance and upkeep of the aforementioned storm sewer and drainage ditch that lie within the MnDOT right-of-way shall be the responsibility of the City and their successors and assigns 3. LIABILITY/INDEMNIFICATION. The Parties to this Agreement recognize that liability for any claims arising under this agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 466. In the event of any claims or actions filed against either Party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual Parties. 4. WAIVER. Any and all persons engaged in the work to be performed by the City shall not be considered employees of MnDOT for any purpose, including Worker's Compensation, or any and all claims that may or might arise out of said employment context on behalf of said employees while so engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of said City employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of MnDOT. The opposite situation shall also apply: the City shall not be responsible under the Worker's Compensation Act for any employees of MnDOT. 2 ~2 5. INTEGRATION. The entire and integrated agreement of the parties contained in this Agreement shall supersede all prior negotiations, representations, or agreements between the City and MnDOT regarding the project; whether written or oral. 6. AUTHORIZED REPRESENTATIVES. The City's authorized representative for the purpose of the administration of this Agreement is Russ Matthys, City Engineer, 3830 Pilot Knob Road, Eagan MN 55122, phone (651) 675-5000, or his successor. MnDOT's authorized representative for the purpose of the administration of this Agreement is , phone , or his successor. All notices or communications required or permitted by this Agreement shall be either hand delivered or mailed by certified mail, return receipt requested, to the above addresses. Either party may change its address by written notice to the other party. Mailed notice shall be deemed complete two business days after the date of mailing. IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. CITY OF EAGAN RECOMMENDED FOR APPROVAL: COUNCIL APPROVAL DATE: By Tom Colbert Mike Maguire Public Works Director Mayor APPROVED AS TO FORM: (SEAL) By City Attorney Maria Petersen City Clerk 3 7 77 STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2009, by Mike Maguire and Maria Petersen, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation on behalf of the municipal corporation. Notary Public 4 i5 MINNESOTA DEPARTMENT OF TRANSPORTATION MINNESOTA DEPARTMENT OF TRANSPORTATION, By: Its: STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of 2009, by , the of Minnesota Department of Transportation, on behalf of the Department. Notary Public RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: Name: Name: Title: Title: Date: 5 Agenda Information Memo September 1, 2009 Eagan City Council Meeting B. PROJECT 1016, AMES CROSSING ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve (or Deny) Project 1016 (Ames Crossing Road - Street & Utility Improvements) and (IF approved) authorize the preparation of detailed plans and specifications, and the acquisition of easements through quick-take eminent domain process, if necessary. FACTS: • On April 21, 2009, the City Council received a petition from Matt Miller, Interstate Partners, the owner and developer of the Boulder Lakes Business Park and authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule for the utility and street improvements to connect the north and south portions of Ames Crossing Road providing a continuous street connection between Lone Oak Rd. and O'Neill Dr. to serve the development and the surrounding area in northeast Eagan. • The northern portion of Ames Crossing Road, south of O'Neill Dr, was constructed in 2007 with the Novus Addition (Trinity School at River Ridge). The southern portion of Ames Crossing Road, north of Lone Oak Rd, was completed in 2008 with the Boulder Lakes Business Park. • The connection of Ames Crossing Road is in accordance with the Northeast Eagan Areawide Traffic Study to provide access for current and future development in the area. • On August 18, 2009 the feasibility report for Project 1016 was presented to the City Council and a Public Hearing was scheduled for September 1 to formally present and discuss the report with the adjacent property owners. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. City staff also met with two affected property owners and representatives (Cole Enterprises and Ecolab) to discuss the proposed project. ISSUES: • Cole Enterprises representatives have verbally expressed strong opposition to the project and the proposed special assessments. They feel the street connection is premature and unnecessary prior to development of the Cole property. • Ecolab representatives also verbally expressed strong opposition to the project and proposed special assessments. They feel that there is not a public need or purpose for this project at this time. ATTACHMENTS: • Feasibility Report, pages/through . 47 August 10, 2009 Ames Crossing Road Street and Utility Improvements Prepared for: '0~ City of Ea p City Project No. 1016 now= mum= M of 'M 0 WSB Project No. 1380-25 tr Prepared by: A WSB 701 Xenia Avenue South, Suite 300 & Associates, Inc. Minneapolis, MN 55416 763-541-4800 FEASIBILITY REPORT AMES CROSSING ROAD STREET AND UTILITY IMPROVEMENTS CITY PROJECT NO. 1016 FOR THE CITY OF EAGAN, MINNESOTA August 10, 2009 Prepared By: WSB & Associates, Inc. 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 763-541-4800 763-541-1700 (Fax) Feasibility Report Ames Crossing Road Street and Utility Improvements City Project No. 1016 City ofEagan, MN WSB Project t No. 1380-25 A WSB & Associates, hie. Infrastructure ¦ Engineering ¦ Planning ¦ Construction 701 Xenia Avenue South Suite #300 Minneapolis, MN 55416 Tel: 763 541-4800 Fax: 763 541-1700 August 10, 2009 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Feasibility Report Ames Crossing Road Street and Utility Improvements City Project No. 1016 City of Eagan, MN WSB Project No. 1380-25 Dear Mayor and City Council Members: Transmitted herein is a feasibility report that addresses the extension of Ames Crossing Road from the temporary cul-de-sac in the Boulder Lakes Development north to the temporary cul-de- sac of Ames Crossing Road in the Novus Addition. It also addresses the extension of public utilities within Ames Crossing Road to serve future commercial subdivisions. The proposed project includes trunk water main extension, sanitary sewer extension, storm sewer extensions, and street improvements. The report discusses the feasibility of the proposed improvements along with associated costs, preliminary assessments, and proposed project schedule. We are available at your convenience to discuss this report. Please feel free to contact me at 763-287-7193 if you have any questions or comments. Sincerely, WSB & Associates, Inc. )L- f - V044,v, Kevin B. Kawlewski, PE Senior Project Manager Attachment cc: Tom Colbert, Public Works Director City of Eagan Russ Matthys, City Engineer, City of Eagan John Gorder, Assistant City Engineer, City of Eagan Interstate Partners, Inc. SD CERTIFICATION I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Thomas J. Voll, PE Date: August 10, 2009 Lic. No. 43412 Quality Control Review By: )L-, ~ - Lal Kevin B. Kawlewski, PE Date: August 10, 2009 Lic. No. 25496 Reviewed By: Date g _ 2B 6epartme of Public Works Date `U .4~0 Finance partment Feasibility Report Ames Crossing Road Street and Utility Improvements City Project No. 1016 City of Eagan, MN WSB Project No. 1380-25 TABLE OF CONTENTS TITLE SHEET LETTER OF TRANSMITTAL CERTIFICATION SHEET TABLE OF CONTENTS 1. EXECUTIVE SUMMARY .............................................................................................................1 2. INTRODUCTION 3 2.1 Project Background 3 3. EXISTING CONDITIONS .............................................................................................................4 3.1 Ames Crossing Road Proposed Corridor 4 3.2 Sanitary Sewer and Water Main 4 3.3 Drainage and Storm Sewer... ...................................................................................................5 4. PROPOSED IMPROVEMENTS 6 4.1 Street 6 4.2 Sanitary Sewer ........................................................................................................................6 4.3 Water Main 7 4.4 Storm Sewer 8 4.5 Trails 8 4.6 Wetland Impacts and Mitigation .............................................................................................9 4.7 Tree Inventory .......................................................................................................................10 4.8 Right-of-Way and Easements ................................................................................................10 4.9 Permits ...................................................................................................................................10 5. FINANCING ..................................................................................................................................12 5.1 Opinion of Probable Cost ......................................................................................................12 5.2 Assessments ..........................................................................................................................12 5.2.1 Street Assessment ....................................................................................................12 5.2.2 Sanitary Sewer Assessment ......................................................................................13 5.2.3 Water Main Assessment ...........................................................................................14 5.2.4 Storm Sewer Assessment 15 5.2.5 Bituminous Trail Financing .....................................................................................16 5.3 Assessment Financing ...........................................................................................................17 5.3.1 Revenue Source - Ames Crossing Road 17 6. PRELIMINARY SCHEDULE .....................................................................................................18 7. FEASIBILITY AND RECOMMENDATION ............................................................................19 Appendix A Figures Appendix B Opinion of Probable Cost Appendix C Preliminary Assessment Roll Feasibility Report Ames Crossing Road Street and Utility Improvements City Project No. 1016 City of Eagan, MN WSB Project No. 1380-25 1. EXECUTIVE SUMMARY The feasibility report as presented herein has been initiated by petition from Interstate Partners, Inc. to complete a continuous north-south roadway and trail connection of Ames Crossing Road from O'Neil Road to Lone Oak Road. The connection of Ames Crossing Road from O'Neil Road to Lone Oak Road (County Road 26) is in accordance with the Northeast Eagan Area Wide Traffic Study, to provide adequate access to current and future development in the area. This segment of Ames Crossing Road is included in the City's Capital Improvement Plan (20 10- 2014) for construction. The overall project location is shown on Figure 1 in Appendix A. The project can be split into two different roadway segments of Ames Crossing Road: Segment 1- South 2,013-feet: ¦ Mass grading of roadway embankments up to subgrade and storm sewer, watermain and sanitary sewer were completed as part of the Boulder Lakes Development ¦ This segment terminates at the north plat line of the Boulder Lakes subdivision ¦ This segment will extend Ames Crossing north from the temporary cul-de-sac constructed in 2008 as part of the Ames Crossing Road within the Boulder Lakes Development project ¦ Right-of-way and easements for this segment are already platted Segment 2 - North 1,281-feet: ¦ Unplatted and undeveloped land consisting of rolling woodland and grassland terrain with hilly upland areas and low lying wetland areas ¦ This segment extends from the north plat line of the Boulder Lakes Development north to the south end of the Novus Addition subdivision plat line ¦ This segment will extend Ames Crossing Road south from the temporary cul-de-sac constructed in 2007 as part of the Novus Addition development (Trinity School) to the north plat line of the Boulder Lakes development ¦ Right-of-way and easements will need to be acquired for this segment The feasibility study examines trunk sanitary sewer improvements, trunk water main improvements, street improvements, and lateral storm drainage improvements within Ames Crossing Road. The study also examines trunk storm sewer improvements to provide outfall storm sewer connections between existing regional wetland / ponding areas. Ames Crossing Road is a City designated Municipal State Aid (MSA) Route which requires it to be constructed to MSA design standards as a major collector roadway. The proposed trunk water main, trunk storm sewer, trunk sanitary sewer and street improvements are consistent with the City's Comprehensive Plans. The estimated project cost including right-of-way and easement acquisition costs are identified as $3,536,350 ($2,136,350 in construction costs and $1,400,000 in right-of-way / easements costs). The cost as presented includes a contingency in the amount of ten percent (10%) and indirect cost in the amount of thirty-five percent (35%) of the estimated construction and right- of-way / easement acquisition costs. Feasibility Report Ames Crossing Road Street and Utility Improvements City Project No. 1016 City of Eagan, MN WSB Project No. 1380-25 Sems2 , Page 1 The proposed funding for the improvements is to be by assessment to the benefiting properties and City Trunk Funds. The public improvements must be completed in accordance with Minnesota Statue Chapter 429, which require the following procedures: ¦ A resolution to call for a public hearing. ¦ A public hearing on the proposed improvements. ¦ An affirmative vote of at least 4/5 of all the members of the Council to order the improvements. ¦ A resolution approving plans and specifications and ordering advertisement for bids. ¦ A resolution accepting bid. ¦ Notice of hearing on proposed assessments. ¦ Public hearing on proposed assessments. ¦ Certification to County Auditor. The proposed total assessments for this project are $2,377,939. The Preliminary assessment roll is located in Appendix C and maps identifying the parcels to be assessed are shown in Appendix A Figure 9. The project as described herein is necessary for completion of the transportation network in this area of the City and is feasible and cost-effective from an engineering standpoint. It is the recommendation of WSB & Associates, Inc. that the City accept this report and order the improvements for Ames Crossing Road street and utilities as proposed. Feasibility Report Ames Crossing Road Street and Utility Improvements City Project No. 1016 City of Eagan, MN WSB Project No. 1380-25 Page 2 2. INTRODUCTION 2.1 Project Background Interstate Partners, Inc., developer and owner of the Boulder Lakes commercial/industrial development, has petitioned the City to complete a feasibility study for the proposed construction , of public improvements to provide a continuous north-south roadway connection of Ames Crossing Road. The petition includes the construction of trunk sanitary sewer, trunk water main, streets, and storm water management improvements to serve the proposed Ames Crossing Road corridor and future developments to the east of the roadway. The project presented herein is included in the City's Capital Improvement Plan (2010-2014) for construction. The project location is shown on Figure 1 in Appendix A. Feasibility Report Ames Crossing Road Street and Utility Improvements City Project No. 1016 City of Eagan, MN WSB Project No. 1380-25 C V J Page 3 3. EXISTING CONDITIONS 3.1 Ames Crossing Road Proposed Corridor The south half of the project corridor extends along the west side of the recently completed Boulder Lakes Development. The north half of the project roadway is proposed to extend along the west side of existing undeveloped 40 acre parcels. The project can be split into two different roadway segments of Ames Crossing Road: Segment 1 - South 2,013-feet: ¦ Mass grading of roadway embankments up to subgrade and storm sewer, watermain and sanitary sewer were completed in 2008 as part of the Boulder Lakes Development ¦ This segment terminates at the north plat line of the Boulder Lakes Development ¦ Right-of-way and easements for this segment were previously acquired by the City as part of the Boulder Lakes Plat Segment 2 - North 1,281-feet: ¦ Unplatted and undeveloped land consisting of rolling woodland and grassland terrain with low lying wetland areas ¦ This segment extends from the north plat line of the Boulder Lakes Development north to the south end of the Novus Addition plat line ¦ This segment will extend Ames Crossing Road north from the north plat line of the Boulder Lakes Development to the temporary cul-de-sac at the southern plat line of the Novus Addition Development (Trinity School) project constructed in 2007 3.2 Sanitary Sewer and Water Main See Figures 7 & 8 in Appendix A for a map showing the existing sanitary sewer and water main. The project area is within the sanitary sewer sub district NWA.1 as identified in the City's Comprehensive Sanitary Sewer Plan and water main sub district J-4060 as identified in the City Comprehensive Water Supply and Distribution Plan. Within the Ames Crossing Roadway corridor of the Boulder Lakes Development (Segment 1) an existing 8-inch sanitary sewer and 12-inch water main are installed on the south half of the unconstructed Ames Crossing Road. This sewer and water main were installed in 2008 as part of the Boulder Lakes Development. These both connect to the west to lines extended in the Cray Second Addition (Ecolab property). On the north side of the project limits, an 8-inch sanitary sewer and 12-inch water main are stubbed to the south cul-de-sac of Ames Crossing Road within the Novus Addition. These lines connect to trunk mains to the west. The roadway corridor of unplatted land in between the Boulder Lake and Novus Addition developments (Segment 2) currently has no sanitary sewer or water main facilities. An existing 8-water main is stubbed to the east plat line of the Lone Oak Second Addition Plat (formerly the Feasibility Report Ames Crossing Road Street and Utility Improvements City Project No. 1016 City of Eagan, MN WSB Project No. 1380-25 5 Page 4 Northwest Aerospace Training Corporation site now owned by the Metropolitan Airports Commission - MAC). 3.3 Drainage and Storm Sewer See Figures 7 & 8 in Appendix A for a map showing the existing storm sewer and ponding areas. From the south half of the existing roadway corridor (Segment 1) stormwater runoff is conveyed via storm sewer to stormwater treatment ponds constructed as part of the Boulder Lakes Development. The unplatted/ undeveloped north half of the existing roadway corridor (Segment 2) runoff flows to existing land locked low lying and wetland areas. For the Ames Crossing Road corridor within the Novus Addition, the stormwater drainage is conveyed via storm sewer to stormwater treatment ponds constructed as part of that development. Ultimately the proposed Ames Crossing Road corridor discharges its stormwater runoff to DNR bodies of water that are currently landlocked. The natural outlet for these areas is to the northwest utilizing natural overland flow through a series of wetland complexes. Feasibility Report Ames Crossing Road Street and Utility Improvements City Project No. 1016 City of Eagan, MN WSB Project No. 1380-25 -t~;7 Page 5 4. PROPOSED IMPROVEMENTS 4.1 Street The connection of Ames Crossing Road from O'Neil Road to Lone Oak Road is in accordance with the Northeast Eagan Area Wide Traffic Study to provide access for current and future development in the area. Ames Crossing Road is designated as a major collector and a Municipal State Aid Route in the City's street network. The roadway is anticipated to ultimately intersect an east-west road (future "Northwest Parkway") on the north end of the Boulders Lakes Development. It is also proposed to connect to the two cul-de-sac segments of Ames Crossing Road from Lone Oak Road on the south and O'Neil Road on the north. See Figures 2-6 in Appendix A. Ames Crossing Road is proposed to be constructed as a 48-foot-wide roadway consisting of two traffic lanes, a continuous left center turn lane and 5-foot shoulders. The vertical and horizontal alignment is proposed to meet State Aid Requirements for a 35 mile per hour (mph) design speed. The proposed pavement section design will meet Municipal State Aid design standards based on soil conditions constructed with roadway grading. See Figure 6 in Appendix A. The terrain that is proposed to be crossed on the unplatted / undeveloped land (Segment 2) consists of rolling terrain that has wetlands, scattered woodland and grassy areas. The existing topography of the area rises and falls substantially with over 40-feet in elevation changes. The proposed construction will require significant grading of the roadway corridor to meet required design grades and to match into the existing street connection points. To minimize the overall grading required and to keep the road within the designated corridor location, the most cost effective route includes some wetland impacts in order to construct the roadway embankments. See Figures 4 & 5 in AppendixA for a proposed roadway profile and Section 4.6 of this report for more discussion about wetland impacts. 4.2 Sanitary Sewer Sanitary sewer along the Ames Crossing Road corridor within the Boulder Lakes Development (Segment 1) will be served by the sanitary sewer installed with that development.' For the Ames Crossing Road roadway corridor within the unplatted/undeveloped land (Segment 2), sanitary sewer is proposed to be extended south from the existing sanitary sewer at the south property line of Novus Addition. The proposed sanitary sewer extension constructed with this project will serve the lots in the future developments east and potentially west of the Ames Crossing Road. Extending sanitary sewer north of the sewer recently constructed within the Boulder Lakes development (within Segment 1) is unnecessary since the majority of land adjacent to the roadway is either ponding or wetland areas and the invert elevation is too shallow to serve these lots by gravity flow. However, it is proposed to extend the sanitary sewer south from the Novus Addition sewer to the north end of the Boulder Lakes Development to the centerline of the right- of-way of the future Northwest Parkway. This will allow flexibility and a platted right-of-way Feasibility Report Ames Crossing Road Street and Utility Improvements City Project No. 1016 City of Eagan, MN WSB Project No. 1380-25 Page 6 for the sewer to serve future parcels to the east and not use up developable land in the unplatted parcel. From this point the sewer could also be extended to the west to serve the north section of the Ecolab property and has sufficient depth to serve this area by gravity. It should be noted that the Ecolab parcel already has sanitary sewer to the west serving this lot, but the proposed sanitary sewer within Ames Crossing Road may be a more direct and cost effective route if this area were to be subdivided. Analysis of existing sanitary sewer locations and elevations indicates that the above described Novus Addition sanitary sewer has adequate depth and capacity to serve the future development by gravity flow. This assumes the area is mass graded with the low areas raised to an average finish floor elevation of 870 within the west side of the undeveloped 40 acre site and 890 within the east side. These finish floor elevations assume a full basement will also be installed. Slab on grade structures can be lowered an additional 10-feet respectively. The proposed lateral sanitary sewer extension to serve the lots. of Ames Crossing Road is shown on Figures 7 & 8 in Appendix A. 4.3 Water Main The proposed water main improvements include the extension of trunk water main to provide a looped trunk water main system within the proposed Ames Crossing Road corridor and adjacent area in accordance with the City's Comprehensive Water Supply and Distribution Plan. Looped trunk water main systems provide larger areas with high flows for fire suppression and pressure stability within the water system. The proposed water main improvements include a 12-inch ductile iron pipe to be extended from the existing 12-inch trunk water main at the north water main stub within the unbuilt roadway corridor of Ames Crossing Road in the Boulder Lakes Development (Segment 1). See Figures 7 & 8 in Appendix A. This 12-inch water main will extend north through the Ames Crossing Road corridor and connect to an existing 12-inch trunk water main that has been extended south along Ames Crossing Road constructed as part of the Novus Addition. This trunk water main is also proposed to connect to the west to an existing 8-inch stub that extends from the Lone Oak Second Addition (formerly the Northwest Aerospace Training Corporation site now owned by MAC) to provide additional looping of the water main system. 8-inch lateral water main stubs for consumption and fire protection capabilities will be extended to the right-of-way lines of Ames Crossing Road at selected locations. These will be reduced down to 6-inch lines and have hydrants installed at the ends. These fire hydrants are for fire protection capabilities and will be located along the water main alignment at 500 foot intervals and at high points in the water main for air relief. The 8-inch stub lines allow for flexibility for these to be converted into water main leads for future developments. Extension into the future developments adjacent to Ames Crossing Road will be completed by the future developer(s). Analysis of the demand flows and existing trunk water mains show that the future commercial developments will have sufficient capacity and peak hour demand pressures from an 8-inch line provided this line is looped back into the proposed 12-main along Ames Crossing Road. If no Feasibility Report Ames Crossing Road Street and Utility Improvements City Project No. 1016 City of Eagan, MN WSB Project No. 1380-25 57 Page 7 looping of the future development water mains is proposed we then recommend extending a 10- inch water main to provide peak hour demand pressures and fire flow capacity. 4.4 Storm Sewer The proposed storm sewer improvements are located within the Ames Crossing Road corridor and provide lateral and trunk storm sewer facilities for this corridor and the outlet trunk line from wetland FP-4.2 to pond FP-4.1 as identified in the City's Comprehensive Storm Water Management Plan. Figure 7 & 8 in Appendix A shows the proposed storm sewer systems within the project. The public storm sewer improvements consist of three storm sewer systems as described below. ¦ System No. 1 is the lateral storm sewer previously installed within the Boulder Lakes Development (Segment 1). This system conveys stormwater to existing treatment ponds within the development. It has been designed to Municipal State Aid design standards for a 10-year storm event and sized to convey the stormwater runoff within the Ames Crossing Road corridor only. To install the proposed 12-inch water main three existing storm sewer leads on the west side of the road will have to be removed and replaced. ¦ System No. 2 collects and conveys runoff from the northerly end proposed Ames Crossing Road right-of-way through the unplatted / undeveloped section of the project (Segment 2). This system will vary in size from 15-inch to 24-inch RCP. The design criteria used will need to meet the Municipal State Aid design standards for a 10-year storm event. Catch basins along the storm sewer line will be spaced to meet the spread/run-by criteria required for Municipal State Aid roads. This pipe will discharge to a proposed pond constructed in the northeast side of the proposed Ames Crossing Road corridor. An outlet control structure and pipe is proposed to convey discharge from the proposed pond to an existing wetland area designated at FP-4.2 in the City's Comprehensive Storm Water Management Plan. ¦ System No. 3 is a trunk storm sewer system providing an outlet from wetland FP-4.2 to Pond FP-4.1. The outlet pipe is proposed to be a 12-inch RCP with an outlet control structure. A 3-inch orifice will be included in the outlet structure to provide rate control as identified in the City's Comprehensive Storm Water Management Plan. The alignment of this trunk storm sewer will allow maintenance crews easy access to the pipe from Ames Crossing Road. This alignment will also reduce easement costs and usable land necessary for this pipe run and therefore is proposed to be constructed with this project. 4.5 Trails The proposed trail improvements are shown on Figure 2 & 3 in Appendix A. The improvements constructed as part of this project include the extension of an existing 8-foot wide trail on the east side of Ames Crossing Road in accordance with the City's trail policy for a major collector roadway. The Ames Crossing Road trail is also proposed to connect to an existing trail extending Feasibility Report Antes Crossing Road Street and Utility Improvements City Project No. 1016 City of Eagan, MN WSB Project No. 1380-25 Page 8 east along the north side of Shanahan Lake to the City's easterly border and then loops back onto itself. 4.6 Wetland Impacts and Mitigation Several iterations of the roadway alignment and profile were evaluated by WSB and City Staff as part of the preliminary design for this project. It was determined the most cost effective route for the proposed roadway embankments are anticipated to extend slightly into two existing wetlands on the west side of the road within the Lone Oaks Second Addition plat. These are identified as Impact A and Impact B on Figure 3 in Appendix A. These wetlands have yet to be delineated as part of this preliminary design. The wetland limits are based on topographic setting, National Wetland Inventory (NWI) mapping, hydric soil signatures, and 2008 aerial photographs. Wetland Impact A is identified as Pond FP-4.1 in the City's Comprehensive Storm Water Management Plan and may be impacted by approximately 5,900 square feet of fill. Wetland Impact B is an isolated basin that may be impacted by approximately 108 square feet of fill. To accommodate these impacts as well as the project construction, the following permits may be needed: ¦ Wetland Conservation Act (WCA) Approval - City of Eagan ¦ Section 404 Approval - US Corps of Engineers (COE) ¦ NPDES Construction Permit - Minnesota Pollution Control Agency Overall, compensatory mitigation for approximately 6,008 square feet of wetland impact may be required. It is anticipated that a 3:1 replacement ratio will be required per the City Wetland Management Plan classification of "Protect" of both wetlands. If project-specific mitigation is completed out-of-kind or outside the major watershed, the replacement ratio will increase. The wetland mitigation may be accomplished with one of three options: 1. The City could purchase wetland banking credits for the cost of the land at the market value within the watershed where the wetland is located. 2. The City could withdraw credit from the existing Wandering Walk Park wetland bank. 3. The City could create project-specific on-site replacement on the west side of pond FP- 4.1 to mitigate the Impact A on the east side of this wetland. It is anticipated that additional easements would need to be acquired from the Metropolitan Airport Commission property for option 3. Estimated costs for wetland mitigation have been include been included in the street improvements for Segment 2 and are shown on Schedule B in Appendix B. Feasibility Report Ames Crossing Road Street and Utility Improvements City Project No. 1016 City of Eagan, MN WSB Project No. 1380-25 (01 Page 9 4.7 Tree Inventory The proposed project will impact approximately 0.75 acres of trees, which will be required to be cleared. A tree inventory will need to be prepared and identify the trees within the project corridor and classify the trees according to the City's Tree Ordinance. Significant trees may require replacement at ratios defined in the City Tree Ordinance and can likely be planted along the boulevard and proposed pond embankment areas according to the City's landscaping specifications. 4.8 Right-of-Way and Easements The street, sanitary sewer, trunk water main, storm sewer and trail improvements proposed under this project are anticipated to be constructed within the existing right-of-way and easements of the Boulder Lakes plat (Segment 1). Additional right-of-way and easements through the unplatted land in between the Boulder Lakes and Novus Addition plats (Segment 2) will need to be acquired for the construction of this project. It is proposed that a permanent 80-foot right-of-way corridor be obtained within the unplatted roadway corridor. This would be consistent with the other existing segments of Ames Crossing Road. Temporary construction easements on either side of the roadway will also need to be acquired to construct the varying roadway embankments due to the significant grade changes associated with this roadway corridor. The proposed right-of-way and temporary construction easements are shown on Figures 2 & 3 in Appendix A. Cost for right-of-way and easements are estimated to be $1,400,000. ExxonMobil Pipeline Company currently has a 40-foot-wide pipeline easement along the west side of the unplatted section of proposed roadway. This pipeline is not active and the City will need to submit a letter requesting ExxonMobil remove the pipe from the easement. In previous projects such as the Boulder Lakes Development, ExxonMobil has indicated in writing that the pipeline will be removed and that the associated easement will be released. This process should be initiated after the project is moved into final design. 4.9 Permits Permits are anticipated to be part of the proposed improvements as follows: ¦ Minnesota Pollution Control Agency (MPCA) - NPDES Phase II Construction Activity Permit - Sanitary Sewer Extension Permit ¦ Minnesota Department of Health - Water Main Extension Permit ¦ Minnesota Department of Natural Resources Feasibility Report Ames Crossing Road Street and Utility Improvements City Project No. 1016 City of Eagan, MN WSB Project No. 1380-25 to 0-~ Page 10 - Work within the Public Waters ¦ Army Corps of Engineers - Section 404 General Permit ¦ Minnesota Department of Transportation - State Aid Construction Plan Approval for Ames Crossing Road Feasibility Report Ames Crossing Road Street and Utility Improvements City Project No. 1016 City of Eagan, MN N'SB Project No. 1380-25 Page 11 5. FINANCING 5.1 Opinion of Probable Cost Detailed Opinions of Cost are located in Appendix B of this report. The opinions incorporate estimated 2010 construction cost and include a 10% contingency factor and related indirect cost which are estimated at 35%. The indirect cost includes legal, engineering, financing and administrative items and expenses. The cost identified includes easement acquisition costs in Schedule B - Street Improvements for Segment 2. A summary of the total project costs is as follows: Schedule Total Schedule A - Street Improvements (Segment 1 - South 1,950') - - - $680,300 Schedule B - Street Improvements (Segment 2 - North 1,400')_-__ _ $2,222,380 Schedule C_ Sanitary Sewer Improvements $140,440 Schedule D_ Water Main Improvements $266,910 Schedule E - Lateral Storm Sewer Improvements--- $134,600 Schedule F - Trunk Storm Sewer Improvements $55,040 Schedule G - Bituminous Trail Improvements $36,680 Total Estimated Project Cost $3,536,350 5.2 Assessments 5.2.1 Street Assessment In accordance with the City's Special Assessment Policy, adjacent properties are proposed to be assessed benefit from a Class B improvement such as the proposed Ames Crossing Road. Ames Crossing Road is considered a commercial street with new street construction and storm sewer improvements. The abutting properties of Ames Crossing Road are proposed to be assessed the full cost of Ames Crossing Road. The assessments for Segment 1 and Segment 2 were split out since the roadway constructed as part of the Boulder Lakes development (Segment 1) already has the mass grading and storm sewer completed (and construction costs) as part of that development's construction. Segment 2 costs include the street construction costs, mass grading and the right-of-way and easement acquisition costs. Feasibility Report Ames Crossing Road Street and Utility Improvements City Project No. 1016 City of Eagan, MN WSB Project No. 1380-25 4/- Page 12 The total frontage proposed to be assessed for Segment 1 is 4,026 feet. The total street assessment is calculated on a front foot basis of the Segment 1 street construction cost and calculated as follows: $680,300 - 4,026 FF = $168.98/FF The total frontage proposed to be assessed for Segment 2 is 2,562 feet. The total street assessment is calculated on a front foot basis of the Segment 2 street construction costs and right-of-way / easement costs and calculated as follows: $2,222,380 _ 2,562 FF = $867.44/FF The parcels identified to have benefit from commercial street improvements are listed in the Preliminary Assessment Roll located in Appendix C and as shown with the yellow line along the benefitting street frontage in Figure 9. Portions of the north half of the Ecolab property and Metropolitan Airports Commission (MAC) property (PID Nos. 10-18501-021-01 and 10-45701-012-01 respectively) are proposed to receive street assessments since they could subdivide and have frontage access on the proposed Ames Crossing Road. These properties were assessed on an assumed frontage of potential subdivision lot split. 5.2.2 Sanitary Sewer Assessment Trunk Sanitary Sewer Area Assessment There are no proposed trunk sanitary sewer assessments with this project. All parcels in the project area have previously paid the trunk sanitary sewer charges. Lateral Sanitary Sewer Assessment In accordance with the City's Special Assessment Policy, adjacent properties are proposed to be assessed that benefit from a Class C improvement such as the proposed sanitary sewer improvements within Ames Crossing Road subdivision. Class C improvements provide lateral benefit to the adjacent parcels. The 2009 Fee Schedule Lateral Charge is $62.70 per centerline foot or $31.35 per front foot for the parcels adjacent to Ames Crossing Road excluding wetland and ponding front footages and areas already having sewer service. The proposed sanitary sewer assessment rate is calculated as a front foot cost as follows: The total frontage proposed to be assessed is 2,141 feet. The proposed lateral sanitary sewer assessment rate is calculated as a front foot cost as follows: $31.35/FF x 2,141 FF = $67,120 Feasibility Report Ames Crossing Road Street and Utility Improvements City Project No. 1016 City jMN WSB Project No. 1380-25 Page 13 The parcels identified to receive benefit from lateral sanitary sewer improvements are listed in the Preliminary Assessment Roll located in Appendix C and are shown with the green line along the benefitting street frontage in Figure 9. Portions of the north half of the Ecolab property and Metropolitan Airports Commission (MAC) property (PID Nos. 10-18501-021-01 and 10-45701-012-01 respectively) are proposed to receive sanitary sewer lateral assessments since they could subdivide and have frontage access on the proposed Ames Crossing Road. These properties were assessed on an assumed frontage of potential subdivision lot split. Even though these properties have sewer access from the west, depending on how these properties could subdivide, it may be a more cost effective and direct route to get their sewer service from Ames Crossing and therefore these properties are proposed to be assessed a lateral sanitary sewer charge. 5.2.3 Water Main Assessment Trunk Water Main Assessment In accordance with the City's Special Assessment Policy, adjacent properties are proposed to be assessed that benefit from a Class B improvement such as the proposed trunk water main improvements. The trunk water main assessment is to be levied against parcels adjacent to proposed Ames Crossing Road that have 51 % or more of their total area within mile of the improvement. The 2009 Fee Schedule Non-Residential Trunk Water Main Charge is $2,700 per acre for the parcels adjacent to the proposed improvements excluding wetland and ponding areas with easements. The total assessment based on the trunk water main assessment policy is calculated as follows: 8.27 acres x $2,770/acre = $22,908 One unplatted parcel (PID No. 10-00100-010-03) is the only property identified to be eligible for trunk water main charges with this proposed project. It is listed in the Preliminary Assessment Roll located in Appendix C and shown with the light blue shading on Figure 9. All other parcels in the area have trunk water main access and have paid the trunk water main charges. Lateral Water Main Assessment In accordance with the City's Special Assessment Policy, adjacent properties are proposed to be assessed that benefit from Class B improvement for lateral benefit of the proposed water main improvements. The lateral water main assessment includes parcels adjacent to proposed Ames Crossing Road. The 2009 Fee Schedule Lateral Charge is Feasibility Report Ames Crossing Road Street and Utility Improvements City Project No. 1016 City Eagan, MN WSB Project No. 1380-25 Page 14 $79.75 per centerline foot or $39.88 per front foot for the parcels of Ames Crossing Road excluding wetland and ponding front footages and areas already having sewer service. The total frontage proposed to be assessed is 2,141 feet. The proposed lateral water main assessment rate is calculated as a front foot cost as follows: 2,141 FF x $39.88/FF = $85,372 The parcels identified to have benefit from lateral water main improvements are listed in the Preliminary Assessment Roll located in Appendix C and are shown with the purple line along the benefitting street frontage in Figure 9. As with the lateral sanitary sewer assessment, portions of the north half of the Ecolab property and Metropolitan Airports Commission (MAC) property (PID Nos. 10-18501- 021-01 and 10-45701-012-01 respectively) are proposed to receive water main lateral assessments since they could subdivide and have frontage access on the proposed Ames Crossing Road. These properties are proposed to be assessed on an assumed frontage of potential subdivision lot split. Even though these properties have water main access from the west, depending on how these properties could subdivide, it may be a more cost effective and direct route to get their water service from Ames Crossing and therefore these properties are proposed to be assessed a lateral water main charge. 5.2.4 Storm Sewer Assessment Trunk Storm Sewer Assessment In accordance with the City's Special Assessment Policy, adjacent properties are proposed to be assessed that benefit from a Class B improvement such as the proposed trunk storm sewer. The trunk storm sewer assessment includes parcels with runoff directed towards Ponds FP-4.1 and FP-4.2 as identified in the City's Comprehensive Storm Water Management Plan. This area consists of the existing and future proposed subdivisions adjacent to the proposed Ames Crossing Road corridor. The 2009 Fee Schedule Non-Residential Trunk Storm Sewer Charge is $0.18 per square foot for the parcels adjacent to the proposed improvements excluding wetland and ponding areas with easements. The total assessment based on the trunk storm sewer assessment policy is calculated as follows: 1,576,000 SF x $0.18/SF = $283,650 The two unplatted parcels (PID Nos. 10-00100-010-02 and 10-00100-010-03) are the only ones identified to be eligible for trunk storm sewer charges. They are listed in the Preliminary Assessment Roll located in Appendix C and are shown with the light green Feasibility Report Ames Crossing Road Street and Utility Improvements City Project No. 1016 City of Eagan, MN WSB Project No. 1380-25 Page 15 shading on Figure 9. All other parcels in the area have paid the trunk storm sewer charges with their developments. Lateral Storm Sewer Assessment In accordance with the City's Special Assessment Policy, adjacent properties are proposed to be assessed benefit from a Class C improvement such as the proposed lateral storm sewer. Class C improvements provide lateral benefit to the adjacent parcels. Total project cost is assessed to the benefiting properties. The proposed lateral storm sewer assessment rate is calculated as follows: Estimated Storm Sewer Proiect Cost divided by Benefiting Frontage $134,600 - 2,941 FF = $45.77/FF The total frontage proposed to be assessed is 2,941 feet. The total storm sewer lateral assessment is calculated as follows: $45.77/FF x 2,941 FF = $134,600 The parcels identified to have benefit from lateral sanitary sewer improvements are listed in the Preliminary Assessment Roll located in Appendix C and are shown with the red line along the benefitting street frontage in Figure 9. As with the lateral sanitary sewer and water main assessments, portions of the north half of the Ecolab property and Metropolitan Airports Commission (MAC) property (PID Nos. 10-18501-021-01 and 10-45701-012-01 respectively) are proposed to receive storm sewer lateral assessments since they could subdivide and have frontage access on the proposed Ames Crossing Road and therefore are eligible for this assessment. These properties were assessed on an assumed frontage of potential subdivision lot split. 5.2.5 Bituminous Trail Financing The proposed 8-foot bituminous trail adjacent to Ames Crossing Road will be funded from the City's Major Street Fund. Feasibility Report Ames Crossing Road Street and Utility Improvements City Project No. 1016 City ofEagan, MN WSB Project ect No. 1380-25 Page 16 5.3 Assessment Financing The benefiting properties will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in their property tax statement. If the assessment is included with the property tax statement, the assessment may be spread over 15 years with the interest rate determined by results of the bond sale used to finance the improvements. The following payment schedules would result based on an estimated 6.5 percent interest rate for the financing of the improvements: Per $1,000 Assessment Principal/Year Interest/Year Cost/Year Cost/Month First Year $41 $64 $105 $9 Second Year $44 $61 $105 $9 Fifteenth Year $101 $4 $105 $9 5.3.1 Revenue Source -Ames Crossing Road Property Property Assessment Assessment Total Project Cost (Lateral) (Trunk) Assessment City Funds Sanitary Sewer $140,440.00 $67,120.35 $0.00 $67,120.35 ($73,319.65) Water Main $266,910.00 $85,372.38 $22,907.90 $108,280.28 ($158,629.73) Storm Sewer $189,640.00 $134,600.00 $283,649.54 $418,249.54 $228,609.54 Streets (Includes $1.4 Million in Est. Right-of- Way & Easement Costs) $2,902,680.00 $1,784,288.79 $0.00 $1,784,288.79 ($1,118,391.21) Bituminous Trails $36,680.00 $0.00 $0.00 $0.00 ($36,680.00) GRAND TOTAL $3,536,350.00 $2,071,381.51 $306,557.44 $2,377,938.96 $1,158,411.04 Feasibility Report Ames Crossing Road Street and Utility Improvements City Project No. 1016 City ofEagan, MN WSB Project t No. 1380-25 Page 17 6. PRELIMINARY SCHEDULE The anticipated project milestones for the improvements are listed below. The project schedule will be determined depending on how the project proceeds. Feasibility Report Completed July 31, 2009 Council Accepts Feasibility / Calls for Public Hearing ................................August 3, 2009 Neighborhood Informational Meeting August, 2009 Public Hearing/Authorize Plans and Specifications September 1, 2009 Appraisal Process for Right-of-Way Acquisition Begins ...............................October, 2009 Appraisal to Owner with Offer December, 2009 Municipal State Aid Approval February, 2010 Condemnation Notice to Owners March, 2010 Hearing on Condemnation Petition May, 2010 Anticipated Title and Possession Date of R/W and Easements .......................August, 2010 Approve Plans & Specifications August, 2010 Advertise for bids September, 2010 Open Bids ........................................................................................................October, 2010 Award Contract ...............................................................................................October, 2010 Grading and start Utility Construction Fall, 2010 Construction (finish utilities, paving, trails, turf establishment) May-July, 2011 Final Project Completion (punch list items and final clean up) .......................August, 2011 Assessment Hearing Fall, 2011 Feasibility Report Ames Crossing Road Street and Utility Improvements City Project No. 1016 City ofEagan, MN WSB Project No. 1380-25 _7D Page 18 7. FEASIBILITY AND RECOMMENDATION Based on the preceding discussions, we have reached the following conclusions recommendations: 1. The proposed construction of Ames Crossing Road consists of a three-lane road section built to a 48-foot width. Ames Crossing Road alignment is identified as a State Aid Route and is to be constructed to State Aid design standards as a major collector roadway. 2. The proposed roadway provides a continuous north-south roadway and trail connection of Ames Crossing Road and provides an access way for potential future development along the new roadway corridor. 3. This segment of Ames Crossing Road is included in the City's Capital Improvement Plan (2010-2014) for construction. 4. Extension of existing 8-inch lateral sanitary sewer will serve the future development east of Ames Crossing Road. 5. Twelve inch trunk water main extended in accordance with the City's Comprehensive Plan will provide looped trunk water service and fire flows for the adjacent areas east of proposed Ames Crossing Road. 6. Trunk and lateral storm sewer improvements are designed to meet State Aid design criteria and the City's Comprehensive Storm Water Management Plan. 7. An existing ExxonMobil Pipeline Company easement extends along the west side of the proposed project. ExxonMobil Pipeline Company will need to remove the pipe and release their easement rights. 8. If the project requires condemnation for the right-of-way acquisition, then the process listed in this report assumes an aggressive schedule. Negotiations with the property owners can continue throughout the condemnation process in which time the City can reach an agreement and acquire the property sooner than shown. This right-of-way acquisition process is the critical timeline for this project. 9. The total estimated project cost is $3,536,350. With an estimated $2,136,350 in construction costs and $1,400,000 in right-of-way / easements costs. The costs incorporate estimated 2010 construction cost and include a 10% contingency factor and related 35% indirect costs. 10. The Ecolab property and Metropolitan Airports Commission (MAC) property (PID Nos. 10-18501-021-01 and 10-45701-012-01 respectively) are proposed to receive sanitary sewer, water main and storm sewer lateral assessment since they could subdivide and Feasibility Report Ames Crossing Road Street and Utility Improvements City Project No. 1016 City of Eagan, MN WSB Project No. 1380-25 Page 19 have frontage access on the proposed Ames Crossing Road. These properties are proposed to be assessed on an assumed frontage of potential subdivision lot split. 11. The project as proposed is cost-effective by adding value to the adjacent properties by providing a continuous north-south roadway corridor and additional fire protection capabilities and water service by looping the 12-inch water main within the area. The proposed improvements provide street access and public utilities for the development of the area to the unplatted land east of Ames Crossing Road. 12. It is the recommendation of WSB & Associates, Inc. that City Project No. 1016 is feasible, necessary, and cost-effective from an engineering standpoint. We recommend construction of the proposed improvements as detailed in this report. Feasibility Report Ames Crossing Road Street and Utility Improvements City Project No. 1016 City of Eagan, MN WSB Project No. 1380-25 l/ p~ Page 20 APPENDIX A Figures Feasibility Report Ames Crossing Road Street and Utility Improvements City Project No. 1016 City of Eagan, MN WSB Project No. 1380-25 INTERSTATr"_ HIGHWAY NO,49 as yt z_ zn- \ PKwyc 140 0 PROJECT SITE AMES CROSSING Gre F L- S G NT #2 _oN~ SON ~ M r I ROAD bP / a n ny',ppp~~ y.}t`ZF' S. ~r1} 1 ? rj v5 h }t i 0 fn cok6 % ROAD c q~ \ pp1~~0 fr ti o Y 1 } I_.. LPIBE OAK ROAD CO, RD. 26 Lx r ~'T~f 1 LN (D 1 € i f eK IVY 55 LH \ ! k j 0 g00 1200 `S 1. ROLLING HILLS CtR' WSB Project No01380-25 701 Xenia Avenue South, Suite 300 AMES CROSSING ROAD July 31, 2009 Minneapolis, MN 55416 STREET AND UTILITY IMPROVEMENTS YVOD www.wsbeng.com CITY PROJECT NO. 1016 Figure Number } r~PROJECT LOCATION , -re rb}Sff~8i10•FarctG3-5tt•ttd0 Ci L ~ Gt(0 WFRASTRUCTURE ENG!NEERNG PLANNING CONSTRUCTION K:i07.f8tr2S d?Ezt:aas\F£G O1•PRO3-WC.dwa. Laroutt -7 q APPENDIX B Opinion of Probable Cost Feasibility Report Ames Crossing Road Street and Utility Improvements City Project No. 1016 City of Eagan, MN WSB Project No. 1380-25 OPINION OF PROBABLE COSTS Ames Crossing Road City Project No. 1016 WSB PROJECT NO. 1380-25 EAGAN,MN 8/10/2009 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 No. Mat. No. Item Units Qty Estimated Estimated Unit Price Totai Price SCHEDULE A - STREET IMPROVEMENTS - AMES CROSSING ROAD (SEGMENT I - SOUTH 1,1950-FT) 1 2021.501 MOBILIZATION LUMP SUM 1 $19,200.00 $19,200.00 2 2104.505 REMOVE BITUMINOUS PAVEMENT SO YD 360 $2.50 $900.00 3 2112.501 SUBGRADE PREPARATION RD STA 19.5 $400.00 $7,800.00 4 2105.609 CRUSHED ROCK 3" MINUS (ROAD SUPPORT) TON 20 $23.00 $460.00 5 2211.501 AGGREGATE BASE CLASS 5 OR CLASS 7 CU YD 3620 $20.00 $72,400.00 6 2350.501 TYPE MV 3 WEARING COURSE MIXTURE (B) TON 1230 $60.00 $73,800.00 7 2350.502 TYPE MV 3 NON WEARING COURSE MIXTURE (B) TON 2460 $58.00 $142,680.00 8 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GALLON 1090 $4.00 $4,360.00 9 2505.601 UTILITY COORDINATION LUMP SUM 1 $1,500.00 $1,500.00 10 2531.501 CONCRETE CURB & GUTTER DESIGN 8618 LIN FT 3900 $12.00 $46,800.00 11 2563.601 TRAFFIC CONTROL LUMP SUM 1 $2,000.00 $2,000.00 12 2564.533 SIGN PANELS TYPE C SO FT 124 $30.00 $3,720.00 13 2564.602 FURNISH & INSTALL SIGN PANEL TYPED EACH 1 $275.00 $275.00 14 2564.618 ZEBRA CROSSWALK WHITE-PAINT SQ FT 360 $2.50 $900.00 15 2564.618 ZEBRA CROSSWALK WHITE-EPOXY SO FT 360 $4.50 $1,620.00 16 2565.603 NON-METALLIC CONDUIT (6-1" BUNDLED) LIN FT 4100 $15.00 $61,500.00 17 2573.502 SILT FENCE, TYPE HEAVY DUTY (ORANGE) LIN FT 2000 $2.50 $5,000.00 18 2573.602 INLET PROTECTION EACH 16 $250.00 $4,000.00 19 2575.501 SEEDING ACRE 2 $1,000.00 $2,000.00 20 2575.505 SODDING, TYPE LAWN (INCL. TOPSOIL & FERT.) SQ YD 1500 $4.00 $6,000.00 21 2582.502 4" DOUBLE SOLID LINE YELLOW - EPOXY LIN FT 2000 $0.60 $1,200.00 SUBTOTAL SCHEDULE A - STREET IMPROVEMENTS - SEGMENT 1 $458,115.00 + 10% CONTINGENCIES $45,812.00 SUBTOTAL SCHEDULE A - STREET IMPROVEMENTS - SEGMENT 1 $503,927.00 + 35% ADMINISTRATIVE, LEGAL, ETC. $176,370.00 TOTAL SCHEDULE A - STREET IMPROVEMENTS - SEGMENT 1 $680,300.00 NOTE: ASSUMED PAVEMENT SECTION: 2" 2350 TYPE MV 3 WEARING COURSE MIXTURE (C) 2357 BITUMINOUS MATERIAL FOR TACK COAT 4" TYPE V 3 NON WEARING COURSE MIXTURE (C) 10" AGGREGATE BASE CLASS 5 OR CLASS 7 TOTAL FRONT FOOTAGE SEGMENT 1 4,026 LF COST PER FRONT FOOT $168.98 PER F-F K:\01380-25\Feasibility\1380-25_Feasibility_Qty-8-10-09.xlsAmes Crossing Rd Segment 1 1 of 7 7(p OPINION OF PROBABLE COSTS Ames Crossing Road City Project No. 1016 WEB PROJECT NO. 1380-25 EAGAN, MN 8/10/2009 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Estimated Estimated No. Mat No. Item Units Qty Unit Price Total Price SCHEDULE B - STREET IMPROVEMENTS - AMES CROSSING ROAD (SEGMENT 2 - NORTH 1,400-FT) 1 2021.501 MOBILIZATION LUMP SUM 1 $25,800.00 $25,800.00 2 2101.501 REMOVE BITUMINOUS PAVEMENT SQ YD 360 $2.50 $900.00 3 2101.501 CLEARING ACRE 2 $2,500.00 $5,000.00 4 2104.505 GRUBBING ACRE 2 $2,500.00 $5,000.00 5 2105.501 COMMON EXCAVATION - CU YD 19350 $5.00 $98,750.00 6 2105.521 GRANULAR BORROW (CV) - CU YD 6300 $9.00 $56,700.00 7 WETLAND MITIGATION LUMP SUM 1 $35,000.00 $35,000.00 8 2105.609 CRUSHED ROCK 3' MINUS (ROAD SUPPORT) TON 1000 $23.00 $23,000.00 9 2211.501 AGGREGATE BASE CLASS 5 OR CLASS 7 CU YD 2550 $20.00 $51,000.00 10 2350.501 TYPE MV 3 WEARING COURSE MIXTURE (C) TON 860 $60.00 $51,600.00 11 2350.502 TYPE MV 3 NON WEARING COURSE MIXTURE (C) TON 1730 $58.00 $100,340.00 12 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GALLON 760 $3.00 $2,280.00 13 2505.601 UTILITY COORDINATION LUMP SUM 1 $1,500.00 $1,500.00 14 2531.501 CONCRETE CURB & GUTTER DESIGN 8618 LIN FT 2800 $12.00 $33,800.00 15 2563.601 TRAFFIC CONTROL LUMP SUM 1 $2,000.00 $2,000.00 16 2564.533 SIGN PANELS TYPE C SO FT 80 $30.00 $2,400.00 17 2564.602 FURNISH & INSTALL SIGN PANEL TYPE D EACH 1 $275.00 $275.00 18 2584.618 ZEBRA CROSSWALK WHITE-PAINT SQ FT 360 $2.50 $900.00 19 2564.618 ZEBRA CROSSWALK WHITE-EPOXY SO FT 360 $4.50 $1,620.00 20 2565.603 NON-METALLIC CONDUIT (6-1' BUNDLED) LIN FT 2600 $15.00 $39,000.00 21 2573.502 SILT FENCE, TYPE HEAVY DUTY (ORANGE) LIN FT 3000 $2.50 $7,500.00 22 2573.602 INLET PROTECTION EACH 12 $250.00 $3,000.00 23 2575.501 SEEDING ACRE 4 $1,000.00 $4,000.00 24 2575.505 SODDING, TYPE LAWN (INCL. TOPSOIL & FERT.) SO YD 1000 $3.50 $3,500.00 25 2582.502 4" SOLID LINE WHITE - EPOXY LIN FT 750 $0.30 $225.00 25 2582.502 4" DOUBLE SOLID LINE YELLOW- EPOXY LIN FT 1500 $0.60 $900.00 SUBTOTAL SCHEDULE B - STREET IMPROVEMENTS SEGMENT 2 $553,790.00 + 10% CONTINGENCIES $55,379.00 SUBTOTAL SCHEDULE B - STREET IMPROVEMENTS SEGMENT 2 $609,169.00 + 35% ADMINISTRATIVE, LEGAL, ETC. $213,210.00 SUBTOTAL SCHEDULE B - STREET IMPROVEMENTS SEGMENT 2 $822,380.00 ESTIMATED RIGHT OF WAY AND EASEMENT COSTS $1,400,000.00 GRAND TOTAL SCHEDULE B - STREET IMPROVEMENTS SEGMENT 2 $2,222,380.00 NOTE: ASSUMED PAVEMENT SECTION: 2"2350 TYPE MV 3 WEARING COURSE MIXTURE (C) 2357 BITUMINOUS MATERIAL FOR TACK COAT 4" TYPE MV 3 NON WEARING COURSE MIXTURE (C) 10" AGGREGATE BASE CLASS 5 OR CLASS 7 TOTAL FRONT FOOTAGE SEGMENT 1 2,562 LF COST PER FRONT FOOT (INCLUDES SCHEDULE 8 COSTS AND $1.4 MILLION IN ESTIMATED RIGHT-OF-WAY & EASEMENT COSTS) $867.44 PER F-F K: 01380-25\Feasibility\1380-25_Feasibildy_Qty-8-10-09.rdsAmes Crossing Rd Segment 2 2 of 7 -77 OPINION OF PROBABLE COSTS Ames Crossing Road City Project No. 1016 WSB PROJECT NO. 1380-25 EAGAN, MN 8/10/2009 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Estimated Unit Estimated I No. Mat No. Item Units Qty Price Total Price SCHEDULE C - SANITARY SEWER IMPROVEMENTS 1 2451.602 GRANULAR FOUNDATION AND/OR BEDDING. CU YD 180 $20.00 $3,600.00 2 2503.602 CONNECT INTO EXISTING SANITARY SEWER EACH 1 $750.00 $750.00 3 2503.603 8" PVC PIPE SEWER - SDR 35 LIN FT 680 $28.00 $19,040.00 4 2503.603 8" PVC PIPE SEWER - SDR 26 LIN FT 1170 $33.00 $38,610.00 5 2503.603 TELEVISE SANITARY SEWER LIN FT 1850 $2.00 $3,700.00 6 2506.516 CASTING ASSEMBLY EACH 7 $500.00 $3,500.00 7 2506.603 CONST 48" DIA SAN SEWER MANHOLE LIN FT "145 $175.00 $25,375.00 SUBTOTAL SCHEDULE C - SANITARY SEWER IMPROVEMENTS $94,575.00 + 10% CONTINGENCIES $9,458.00 TOTAL SCHEDULE C - SANITARY SEWER IMPROVEMENTS $104,033.00 + 35% ADMINISTRATIVE, LEGAL, ETC. $36,410.00 TOTAL SCHEDULE C - SANITARY SEWER IMPROVEMENTS $140,440.00 K:\01380-25\Feasibility\1380-25_Feasibility_Qty-8-10-09.xlsSanitary 3 of 7 OPINION OF PROBABLE COSTS Ames Crossing Road City Project No. 1016 WSB PROJECT NO. 1380-25 EAGAN, MN 8/10/2009 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 No. Mat No. Estimated Unit Estimated Item Units Qty Price Total Price SCHEDULE D - WATER MAIN IMPROVEMENTS 1 2451.602 GRANULAR FOUNDATION AND/OR BEDDING CU YD 300 $20.00 $6,000.00 2 2504.602 CONNECT TO EXISTING WATERMAIN EACH 3 $1,000.00 $3,000.00 3 2504.602 HYDRANT AND VALVE EACH 8 $3,200.00 $25,600.00 4 2504.602 6" GATE VALVE AND BOX EACH 8 $800.00 $6,400.00 5 2504.602 8" GATE VALVE AND BOX EACH 4 $1,250.00 $5,000.00 6 2504.602 12" BUTTERFLY VALVE AND BOX EACH 4 $1,800.00 $7,200.00 7 2504.603 6" WATER MAIN, D.I.P., CL 52 LIN FT 240 $32.50 $7,800.00 8 2504.603 8" WATER MAIN, D.I.P., CL 52 LIN FT 200 $35.00 $7,000.00 9 2504.603 12" WATER MAIN, D.I.P., CL 52 LIN FT 2240 $40.00 $89,600.00 10 2504.604 4" POLYSTYRENE INSULATION SQ YD 20 $34.75 $695.00 11 2504.608 DUCTILE IRON FITTINGS POUND 5360 $4.00 $21,440.00 SUBTOTAL SCHEDULE D - WATER MAIN IMPROVEMENTS $179,735.00 + 10% CONTINGENCIES $17,974.00 SUBTOTAL SCHEDULE D - WATER MAIN IMPROVEMENTS $197,709.00 + 35% ADMINISTRATIVE, LEGAL, ETC. $69,200.00 TOTAL SCHEDULE D - WATER MAIN IMPROVEMENTS $266,910.00 K:\01380-25\Feasibility\1380-25_Feasibility_Qty-8-10-09.xlsWatermain 4 of 7 OPINION OF PROBABLE COSTS Ames Crossing Road City Project No. 1016 WSB PROJECT NO. 1380-25 EAGAN, MN 8/10/2009 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 No. Mat. No. Item Units Qty Estimated Estimated Unit Price Total Price SCHEDULE E- LATERAL STORM SEWER IMPROVEMENTS 1 2104.501 REMOVE SEWER PIPE (STORM) LIN FT 80 $9.00 $720.00 2 2451.602 GRANULAR FOUNDATION AND/OR BEDDING TON 140 $12.00 $1,680.00 3 2501.515 15" RC PIPE APRON with TRASH GUARD EACH 3 $1,200.00 $3,600.00 4 2501.515 24" RC PIPE APRON with TRASH GUARD & SHEET PILING EACH 1 $2,500.00 $2,500.00 5 2502.602 CONNECT TO EXISTING STORM SEWER STRUCTURE EACH 3 $1,000.00 $3,000.00 6 2503.541 15" RC PIPE SEWER DESIGN 3006 CLASS V LIN FT 580 $28.00 $16,240.00 7 2503.541 18" RC PIPE SEWER DESIGN 3006 CLASS V LIN FT 485 $32.00 $15,520.00 8 2503.541 21" RC PIPE SEWER DESIGN 3006 CLASS V LIN FT 245 $35.00 $8,575.00 9 2503.541 24" RC PIPE SEWER DESIGN 3006 CLASS III LIN FT 30 $45.00 $1,350.00 10 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4020 LIN FT 52 $250.00 $13,000.00 11 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 60-4020 LIN FT 20 $320.00 $6,400.00 12 2506.502 CONSTRUCT OUTLET STRUCTURE EACH 1 $3,000.00 $3,000.00 13 2506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 1 EACH 4 $1,000.00 $4,000.00 14 2506.602 CASTING ASSEMBLY EACH 9 $500.00 $4,500.00 15 2511.501 RANDOM RIPRAP CLASS IV CU YD 72 $85.00 $6,120.00 16 2511.515 GEOTEXTILE FILTER TYPE IV SQ YD 108 $4.00 $432.00 SUBTOTAL SCHEDULE E - LATERAL STORM SEWER IMPROVEMENTS $90,637.00 + 10% CONTINGENCIES $9,064.00 SUBTOTAL SCHEDULE E - LATERAL STORM SEWER IMPROVEMENTS $99,701.00 + 35% ADMINISTRATIVE, LEGAL, ETC. $34,900.00 TOTAL SCHEDULE E - LATERAL STORM SEWER IMPROVEMENTS $134,600.00 K:\01380-25\Feasibility\1380-25_Feasibility_Qty-8-10-09.xlsLateral Storm 5 of 7 OPINION OF PROBABLE COSTS Ames Crossing Road City Project No. 1016 WSB PROJECT NO. 1380-25 EAGAN, MN 8/10/2009 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 No. Mat. No. Item Units Qty Estimated Estimated Unit Price Price Total Price SCHEDULE F - TRUNK STORM SEWER IMPROVEMENTS 1 2451.602 GRANULAR FOUNDATION AND/OR BEDDING TON 50 $12.00 $600.00 2 2501.515 12" RC PIPE APRON with TRASH GUARD EACH 2 $650.00 $1,300.00 3 2503.541 12" RC PIPE SEWER DESIGN 3006 CLASS V LIN FT 850 $25.00 $21,250.00 4 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4020 LIN FT 20 $250.00 $5,000.00 5 2506.502 CONSTRUCT OUTLET STRUCTURE EACH 1 $3,000.00 $3,000.00 6 2506.602 CASTING ASSEMBLY EACH 3 $500.00 $1,500.00 7 2511.501 RANDOM RIPRAP CLASS III CU YD 10 $85.00 $850.00 8 2511.515 GEOTEXTILE FILTER TYPE IV SQ YD 15 $4.00 $60.00 9 2575.523 EROSION CONTROL BLANKET CATEGORY 3 SQ YD 500 $2.00 $1,000.00 10 2573.502 SILT FENCE, TYPE HEAVY DUTY (ORANGE) LIN FT 400 $2.50 $1,000.00 11 2575.501 SEEDING ACRE 1 $1,500.00 $1,500.00 SUBTOTAL SCHEDULE F - TRUNK STORM SEWER IMPROVEMENTS $ 37,060.00 + 10% CONTINGENCIES $3,706.00 SUBTOTOAL SCHEDULE F - TRUNK STORM SEWER IMPROVEMENTS $ 40,766.00 + 35% ADMINISTRATIVE, LEGAL, ETC. $14,270.00 TOTAL SCHEDULE F - TRUNK STORM SEWER IMPROVEMENTS $55,040.00 K:\01380-25\Feasibility\1380-25_Feasibility_Qty-8-10-09.xlsTrunk Storm 6 of 7 V OPINION OF PROBABLE COSTS Ames Crossing Road City Project No. 1016 WSB PROJECT NO. 1380-25 EAGAN,MN 8/10/2009 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Estimated Estimated No. Mat. No. Item Units Qty Unit Price Total Price SCHEDULE G - BITUMINOUS TRAIL IMPROVEMENTS 1 2521.604 2" BITUMINOUS PATH SQ YD 1600 $14.00 $23,900.00 2 2531.532 PEDESTRIAN CURB RAMP EACH 2 $400.00 $800.00 SUBTOTAL SCHEDULE G - BITUMINOUS TRAIL IMPROVEMENTS $24,700.00 + 10% CONTINGENCIES $2,470.00 SUBTOTAL SCHEDULE G - BITUMINOUS TRAIL IMPROVEMENTS $27,170.00 + 35% ADMINISTRATIVE, LEGAL, ETC. $9,510.00 TOTAL SCHEDULE G - BITUMINOUS TRAIL IMPROVEMENTS $36,680.00 K:\01380-25\Feasibility\1380-25_Feasibility_Qty-8-10-09.xlsBituminous Trails 7 of 7 8a-1~ APPENDIX C Preliminary Assessment Roll Feasibility Report Ames Crossing Road Street and Utility Improvements City Project No. 1016 City of Eagan, MN WSB Project No. 1380-25 83 Appendix C Preliminary Assessment Roll Ames Crossing Road Street and Utility Improvements City Project 1016 Parcel Frontage Area Assessment Ames SEGMENTI SEGMENT2 Trunk Lateral Undevelopable Net Commercial Commercial Trunk Water Lateral Water Trunk Storm Lateral Strom Crossing Gross Area Area Area Street & Street & Sanitary Sanitary Main Main Sewer Sewer PID NO. Owner Road Sewer Sewer Total Assessment Drainage Drainage (ft) (acre) (acre) (acre) (front tt (front tt acre (front tt (acre) (front tt (sq ft) fronttt $168.98 $867.44 $2,625.00 $31.35 $2,770 $39.88 $0.180 $46.77 10-00100-010-02 COLE ENT INC 1510 29.66 1.75 27.91 NA $1,309,834 NA $47,339 NA $60,211.25 $218,806.13 $69,107.79 $1,706,297 RICHARD & RUTH 10-00100-010-03 COLE 0 8.27 0.00 8.27 NA NA NA NA $22,908 $0.00 $64,843.42 NA $87,761 EAGAN HEIGHTS 10.14750.010.00 LLC 980 4.83 0.87 3.96 $165,597 NA NA NA NA NA NA NA $165,697 EAGAN HEIGHTS 10.1475-020-00 LLC 800 43.23 12.51 30.72 $135,181 NA NA NA NA NA NA $36,613.40 $171,795 10.18501-021.01 ECOLABUSA INC 535 89.66 3.42 86.24 $90,403 NA NA $16,772 NA $21,333.13 NA $24,485.21 152,993 METROPOLITAN AIRPORTS 10-45701-011.01 COMM. 0 25.79 2.39 23.40 NA $0 NA NA NA NA NA NA $0 (_e METROPOLITAN AIRPORTS 10-06701.012.01 COMM. 96 13.48 2.08 11.40 NA $83,274 NA $3,009.60 NA $3,828.00 NA $4,393.61 $94,606 Total 3,921 214.92 23.03 191.89 $391,181 $1,393,108 $0 $67,120 $22,908 $86,372 $283,660 $134,600 $2,377,939 Rates Utilized for Trunk and Lateral (Type B) Improvements are from the City's 2009 Fee Schedule Net Area is Gross Area less Undevelopable Area (wetlands, ponds and right-of-way) Lateral Storm Sewer (front foot) fee amount was calculated from project costs per front foot, but is comparable to the Eagan Fee Schedule Segment 2 front foot costs includes estimated right-of-way and easement costs SEGMENTI ' coat Al~y e`r' t4 {{n v ,q 8N y ` stG 1~4,gA s~ i 4 r I i~ CC ,t t.~ , r< R1 y n8~10.48 Q21~0~ 41141 trt aye # ray :~V "fir ~~~OPPY~Svi~~~ ! a. 5 5 9?•. LLJ LA- AMESCROSSINGiROAD,-+ W ^(l l VI { I ~k l~ sA ~ • R"N` l 4 Y~ ~ / ' 1. 6 R ~I . YV ' ''S r~r G wry l~v I:if IMF... ~4 R Mc5VETEMPOI ARY N'AROUND AND EXTENq ~ ~ IGHT~ LCC ' III x q -1 50-020-00Ai° I \ II I I l,y i LEGEND: L--J PROPOSED IB' STREET SECTION PROPOSED BITUMINOUS TRAIL EXISTING BITUMINOUS TRAIL WSB P~eANa.0111083 A TB1X. Avenues.RINsoi.000 AMES CROSSING ROAD JWR"3009 Enmaodn.MN 11416 STREET AND UTILITY IMPROVEMENTS SB V.ROenR City of EaAnn Figure Number CITY PROJECT N0.1016 2 3oNRltlhwYUH. IMEMS3RUCTU ENGNEdIWO RLVIll1Y. EGXSEAlC1NR1 XWIRa25Wd\fSt lG FR atl.M ERAS SEGMENT SEGMENT 2 G®G LEGEND PROPOSED 6B' STREET SECTION PROPOSED BITUMINOUS TRAIL ° I it I I, I 1 j ` EXISTING BITUMINOUS TRAIL ° I 11l1~,i 1'. ~rFA15 s N CO MISSION MET PRIVATE D VE W W In iS lt#1, Yl Ili i ~I I i I ~F~- M•tl IWod ~ I 4w~w ~>Fm wap y F f- F- P H--~ N1p1 ~ ~I ! 1 4 , IAMESOROSSING ROAD f..._ PROPOSED POND R~SSIR 4 ; m3°-_' x s~ a o ° tad ~ ~ y;~ LI I' . WSBP,g1tl Na013I25 Tot xp3A-.-SAgSuit. 3GG AMES CROSSING ROAD A+Y51.' " . =%=16 .w 5596 STREET AND UTILITY IMPROVEMENTS 8 Figure Number CITY PROJECT NO. 1016 City of ~j9~g a a n 3 ~ IpNNG f1,ITMHIG1 1 n NFM6IGUGNftE FMGWEEPoIIG P,NaING C0.kfNUtfAM I WIi1O 1fl , 5 5141] 1m0IY FIGf3 $p PP506150M 3S Mar=07.13 g 66 N p yyII A.0.0.a LOW POINT TAA-.3M dO Y n 00 LOW POINT R70N610 K-300. -.-Ow w PM . ~ j.07 lea POINT NSY•M1.14 HIGH PONT RA•7 WU4 K-52.17 PN RMS1+00 1 PV ELEWp000 PN M • 36100 maw w A0.-2.1] Pk FIEY • mi. K."." AO M76 'f44 r I 11000' w pe-- 8 0150 POINT [IPAA11a 10000' w MW POW RA-13+a" q s ° PM 37+01+050 8 Q p # y PIA -DI4 a AE,,--10B 5 fi ryQ yW{ 900 10 b G ~1s N•aawooo'w e63 abo en 070 505 no ee6 m# mo ma 2 m~ m o! s c ar as s $s g! s~ @~ o! ge n 17+00 10+00 10+00 10+00 61000 11000 23150 1+000 73+00 10+00 RY00 2+000 00100 35000 31+00 22+00 33+00 34+00 70100 N0a P,.)" N0.017e0 aS A 701%0 h AOO*OSSOPIA,Sa+e1W AMES CROSSING ROAD My 31.2W9 WSB 6wwea s,XN 35413 STREET AND UTILITY IMPROVEMENTS °~e~1 Figure Number CITY PROJECT NO. 1016 4110-City of Eap 4 PROPOSED PROFILE WEM3100CRNE 0HCNEE0N0 011+'01x0 CONSIAUCTCN C+PlagiflLmLMWPe f+Mef.Mrl I I ' ' I Px STA.37100 A6.. 0361 N .6676 700.00'lC PONT E~LV T~.71 O ow MT e . NY n l14PN $74 ]WYlI EIEYSN--. 8 N Px . r 66.n Eo n0N M 4T EILY er17o P s.: {47017.70 Pm ft~NT !w%e 47 I us 6.616E PM A ¢nl }i .II ( I .1ux1e w PIA )AV ! r7 676 Nl- 14 8 8 mi s S' b 9 . b m mt 6 32+00 76160 37100 30100 36+00 40100 11.00 47100 13+00 44100 16100 46100 47166 /6160 45+00 66100 62+00 02+00 63166 WSOPIdecINOOIOMF76 ,mxarc0ANm6 1-11, S"M 3W AMES CROSSING ROAD '"'1'1009 ~+D p MInfa ,MN 66416 STREET AND UTILITY IMPROVEMENTS a7 rvabea6mm W CITY PROJECT NO. 1016 Figure Number City of EB~~ll PROPOSED PROFILE CONTRNIAM N>PMIALCN6E EINIfE7W0 %=NI~YWG L4G CONSTRUCTION R.xlxUifv].fiN.x611"Md". ~7 rr- ROW ROW 16' 24' 24' 8' B' l CLEAR ZONE FINISHED q AS 8618 CONCRETE [SHOWN IN PROFILE i CURB & GUTTER 1' 1 1:4 TYP_ 4.0 22_07 2.OZ 4.07 2.07 1:2 SLOPE (MAX.)- 1;2 SLOPE (MAX.) 1/2 INSET B INSET A SOD W/ MIN. 4- TOPSOIL OD Wf MIN. 4" TOPSOIL (ENTIRE BOULEVARD) (ENTIRE BOULEVARD) TYPICAL SECTION AMES CROSSING ROAD INSET A EAMES CROSSING ROAD PAVEMENT SECTION 2' 2350 TYPE MV 3 WEARING COURSE, (MVWE35035C) (PG 58-34) 2" 2350 TYPE MV 3 NONWEARING COURSE. (MVNW35035C) (PG 58-34) 2" 2350 TYPE MV 3 NONWEARING COURSE, (MVNW35035C) (PG 58-34) 10" CLASS 5 AGGREGATE BASE (1007. CRUSHED) COMPACTED AND APPROVED GRANULAR MATERIAL SUBGRADE INSET B BITUMINOUS TRAIL SECTION 7-2- 2350 TYPE LV4 BITUMINOUS WEARING COURSE VWE450308) (PG 58-28) CLASS 5 AGGREGATE BASE (1007 CRUSHED) OMPACTED AND APPROVED SUBGRAOE (NO ORGANICS OR TOPSOIL) WSB Project No.01380.25 701 Xecia Avenue South, Suite 300 AMES CROSSING ROAD July 31, 2009 ~~j Q Minneapolis, MN 55416 STREET AND UTILITY IMPROVEMENTS I/Sf.~ www.wsbeng.com CITY PROJECT NO. 1016 Figure Number TYPICAL SECTION Ec Assoeiotee, Yrtc, City of Eap 6 rri~MrrrrY~wsts~ I6]•5tss8flpf t0541 IMO 11 INFRASTRUCTUREENGINEERING PLANNINGCONSTRUCTION X:501380-25;Cad€ExbiNtARG. 6-1YP SEC.Cwq. Layout) LEGEND: / I I --~--i-PROPOSED SANITARY SEWER PROPOSED WATERMAIN 7 1o 120 / PROPOSED STORM SEWER PROPOSED TRUNK STORM SEWER EXISTING SANITARY SEWER -«--r-- EXISTINGWATERMNN EXISTING STORM SEWER /ECOLA\USA INC. l 00 10.1850f~q21-01 W X. ly Fitp) LCL) ABANDONED EXXON MOBILE cps P t\ / j/ PIPELINE W 1 l \ ) L7 M S CROSSINei OAD EAGAN HEIGHTS, LLCM - - - - - - - 10.14750-017V / EAGAN HEI HT , LL 1P' WATER MAIN BUILDING 15 10.1 50.0"' LO 5 e P 1 / mot" CONNECT TO EXISTING J51~ EXISTING EXISTIN 12" WATER MAIN 150 15 STORM SEWER WATER MAIN EXISTING 8T $ SANITARY EWER 8p 5\\.\ E5 g BUILDING 16 _ LAKE EAGAN HEIGHTS, LLC L 10-14750-020-00 STORM SYSTEM NO.1 A1y]I, mm o; xero A-„ AMES CROSSING ROAD WSBP p No01310.15 M"""„°'M" ssd'a STREET AND UTILITY IMPROVEMENTS W B u"a Figure Number CITY PROJECT NO. 1016 City of ~a~a~ 7 SANITARY SEWER, WATER MAIN AND STORM SEWER PaA~nNxnw,: Eegx~uwo P,AxwG cavsmuaval w"a ivcuwwFa:+uwc >a.uuu.~... ra r STORM SYSTEM NO. 2 STORM SYSTEM NO. 3 (TRUNK STORM) METROPOLITAN AIRPORTS COMMISSION EXISTING POND 10-4570 '-Q12.01 METROPOLITAN AIRPORTS COMMISSION FP-0.1 10.45701-011-01 e`--`~--•--°- - -PST, ~ ABANDONED ~lO \q\O E EXXQN X00 %pp PRIVATE DRIVE - Prw pPENE J\>0 LATERAL ~ STORM SEWER CONNECTO EXISTING r . . WATER MAIN", I 1 LU V O " - - - - - - - ~~"Al _ COLE ENT INC. 10.00100.010-02 I If'' AMESNCROSSING ROAD CONNECT TO EXISTING W Ir - y -r - 7 > WATER MAIN W N EAG N HEIGHTS, LLC 12" WATER MAIN q OQ~ G P 4~ Q\lA 0-52275-010-00 1` aQb STORM SEWER r; 8" SANITARY SEWER , - ~P~p i PY 3 II k---------- 1 ~ EXISTING 1 EXISTING WETLAND COLE ENT INC. ' AMES CROSSING ROAD POND CONNECT TO EXISTING ii.. 10-00100-010-02 FP-4.2 SANITARY SEWER / J i J5 1 11 Yir PROPOSED O QI SEDIMENTATION POND Ppp I n PEOPLE OP PRAISE MINNESOTA INC. 1O-52275-010-01 O LEGEND: z I ,I 01M~PROPOSED SANITARY SEWER PROPOSED WATERMAIN PROPOSED STORM SEWER ...rye PROPOSED TRUNK STORM SEWER EXISTING SANITARY SEWER I EXISTING WATERMAIN 0 so ID EXISTING STORM SEWER . WSBP,ed N.SINlO.2$ r01XonJ Avenue South. Suite 300 AMES CROSSING ROAD July 01.2009 IAinnl 1, Nx Ssne WSB w STREET AND UTILITY IMPROVEMENTS Figure Number CITY PROJECT NO.1016 City of Ea non 8 N m, y,, SANITARY SEWER, WATER MAIN AND STORM SEWER NRMIRULNINE ENQIH RWG PtM NG CWSRRUCTDN Y:WIYp.rllftliFtlHaUNC 1~UNUaM AG1 , LEGEND TRUNK STORM SEWER AREA ASSESSMENT TRUNK WATER MAIN AREA ASSESSMENT LATERAL SANITARY SEWER r I ASSESSMENT METROPOLITAN AIRPORTS COMMISSION J LATERAL EN SEWER -15501 LISA WC - ASSESSMENT T Io-RMm-ln-m (FORMERLY NORTHWEST COMMERCMLSTREETSOIUIMAGE AEROSPACE TRAINING CORP.) ASSESSMENT 701-012-01 AS 10~+5 SESSMi POTENTIAL FUTURE rNT SUBDIVISION 13.4q ACRES 630' FRONT FOOTAGE f LOT LINE `I METROPOLITAN AIRPORTS COMMISSION ® PROPERTY LINE ECOLAB USA INC. (FORMERLY NORTHWEST 0 125 2W EASEMENT LINE 10-18501-02t-01 AEROSPACE TRAINING CORP.) 69.66 ACAS 10-45701-011-01 \ I 25.79 ACRES c0 535 96' eW A,E wN1 • --7-__-__\ ~ i•1 ,i i r..s..-:.-.. ..-7 AN MEIGH75LLC dAGAµ,'HEIGWTS. LLC 10-52275-010-00 7.39 ACRES y0-14750L010-OD G C .1 4.83 CRS EACAN HEIGHTS, LLC e ° 10-14750-020-D0 690 ee` 43.23 ACRES / I~NfP APPRO%. Aueswmswa AOAo ~ / /0J o~pbo e ~ 0.74 ACE C\\ l-: t_] O UI f h I u 1 \ f ~ ! PEOPLE Of PRAISE COLE ENT INC. MINNESOTA INC, \ II ILL 10-00100-010-02 10-52275-010-01 29.66 ACRES 15.05 ACRES i 1 1 IR I I 111\ T~~ L WETLAND eARMREAGAN HEIGHT C 1 \ APPROX. 10-19 AC1 ES r7 `7~ O ~c>I eAWen 8.93 ACRES NO CQ\ \ \r AQ ~ RO% .29 ACHES ~rf1 RICHARD F. k RUTH COLE 1D-00100-010-03 8.27 ACRES 1 ( i AG HOGAT$~, 0-1 0-020' .2 nn 4 ACRES\~ WSS Plated - AMES CROSSING ROAD laOVad2S . TGI %e1Ja A- Salk, Suite JOG JWy 1. NDB WSB MAnee 5S11R STREET AND UTILITY IMPROVEMENTS poK MN CITY PROJECT NO.1016 Clt~ 0~ p , Figure s umber ASSESSMENT MAP OURIG NI11M41AI WLPMiRUCiWf ENGWEERWG -RINNYlG [Q'MIPIIL'IgN Agenda Information Memo September 1, 2009 Eagan City Council Meeting C. PROJECT 1005, DANIEL DRIVE SIDEWALK IMPROVEMENTS ACTION TO BE CONSIDERED: Approve (or Deny) Project 1005 (Daniel Drive - Sidewalk Improvements) and (only IF approved) authorize the preparation of detailed plans and specifications. FACTS: • A petition signed by 15 property owners was received on February 11, 2008 which requested the narrowing of Daniel Drive and the installation of a sidewalk. The petition was received as part of Project 968 (Lexington Pointe Parkway/Daniel Drive Street Overlay Improvements). The Council subsequently authorized the street improvements without incorporating the petitioned sidewalk and/or street narrowing improvements and directed the preparation of a traffic study to evaluate other possible options. • In June 2008, staff completed the Traffic Study of Daniel Drive. The results of the traffic study were presented to the neighborhood and other interested parties at an informational meeting on June 26, 2008. Five (5) residents representing five (5) properties attended the informational meeting. • On July 15, 2008, the City Council received the Traffic Study and public comment. Several residents appeared before the Council and requested that the petitioned improvements be considered to Daniel Drive. In response, Council directed staff to prepare a formal feasibility report to consider the cost, scope and financing of the petitioned improvements, narrowing the street and/or the construction of a sidewalk, along three (3) segments of Daniel Drive. • On August 3, 2009, the feasibility report for Project 1005 was presented to the City Council and a Public Hearing was scheduled for September 1 to formally present and discuss the report with the adjacent property owners. • On August 20, 2009, an informational meeting was held the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. Of the 27 properties immediately adjacent to Segments 1-3, 14 people representing 10 properties attended (see attached meeting minutes). ISSUES: • The developer of the Diffley-Marketplace has provided $20,000 to the City specifically designated for safety improvements to address traffic concerns raised by the neighborhood to be expended at the City's discretion. If the City has not approved a plan for safety mitigation measures related to the development by October 29, 2011, the balance of the traffic safety funds must be refunded to the developer. q-S Agenda Information Memo September 1, 2009 Eagan City Council Meeting C. PROJECT 1005, DANIEL DRIVE SIDEWALK IMPROVEMENTS (Continued) ISSUES (Cont): • Based on comments made at the informational neighborhood meeting, resident generated survey and subsequent communications (all attached), it is apparent that there is not a majority in favor, or a consensus reached, for the proposed street narrowing or sidewalk improvements. If this lack of consensus remains apparent as a result of this public hearing, it may be necessary to revisit some of the educational traffic calming options (i.e. radar speed display sign, neighborhood mailings, etc) identified in the Traffic Study. Staff is ready and willing to continue to work with the neighborhood to try to identify the most cost beneficial option (within the $20,000 escrow limits), if that is so directed by the Council. ATTACHMENTS: • Petition for improvement, pages through • Resident comments, pages tth~r ugh • Neighborhood Meeting Minutes pages O th ough • Feasibility Report, pages ir, v through • Resident prepared "Daniel Drive Neighborhood Survey," attached without page numbers. No q~~g 2nros Neighborhood Petition As a resident who lives on Daniel Drive or utilizes Daniel Drive for vehicle purposes, we request the Eagan City Council to narrow the width of the street in the same manner as Denmark Avenue. This will allow a sidewalk to be installed without cutting into existing property and will also slow down traffic, which currently has a pattern of speeding down the length of the street. We believe this will increase traffic and pedestrian safety particularly with the incoming addition of an access way into a large retail development on our street. Name Address Phone/e-mail (optional) q/ M ' r-- T r~'Wd UE 41;)- ~;I_ i E Vt t 4 -it Zv Pr ~~4 -,5(-) K) CLA Oc b')1- q5~ -3L~~- Arj-,s-~i fM '4 lhssg~ q93-7 2/7/08 Neighborhood Petition As a resident who lives on Daniel Drive or utilizes Daniel Drive for vehicle purposes, we request the Eagan City Council to narrow the width of the street in the same manner as Denmark Avenue. This will allow a sidewalk to be installed without cutting into existing property and will also slow down traffic, which currently has a pattern of speeding down the length of the street. We believe this will increase traffic and pedestrian safety particularly with the incoming addition of an access way into a large retail development on our street. Name Address Phone/e-mail (optional) k;~(~ r ~(na.-~ ytb~trl;`e.~ ~f Cc 5? -(,8/-0515 j1 _7'16 - tr Z C.SYI'~ a 51--- y 5y I( r' ~ Tim Plath From: Mira Pepper Sent: Wednesday, August 26, 2009 7:45 AM To: Russ Matthys Cc: Tim Plath Subject: FW: Daniel Drive Sidewalk From: Jeff Boyle [mailto:jirish95@hotmaii.com] Sent: Tuesday, August 25, 2009 11:52 PM To: City Council Subject: Daniel Drive Sidewalk Dear Mayor and Members of the City Council, Last Tuesday I attended the neighborhood meeting concerning the sidewalk feasibility report. My compliments to both Tim Plath and Russ Matthys for doing a great job of going over the results of the study and facilitating the discussion that followed. I and those who attended the meeting agreed that a sidewalk is not desired on Daniel Drive based on current traffic levels. Installing a sidewalk on Daniel Drive on properties that were not originally built to include a sidewalk would cause potential decreased property values, increased safety, privacy and parking concerns, lower quality of life and issues in maintaining the sidewalk. (Other issues including the cost and potential "bad blood" between neighbors were also discussed.) It simply is not wanted. - Specific to my property the proposed sidewalk would turn my driveway into a crosswalk as all pedestrian, bike traffic etc that wanted to access the sidewalk from Curry Trail or cross Daniel Drive to get to Curry Trail would have to go directly through my driveway! . - It should also be noted that the petition that was presented to the city in 2008 specifically requested a "narrowing of the road", "without cutting into existing property". (The petition also did not state what side of Daniel Drive should be narrowed.) While the city considers the right of way to not be "existing property", the petitioners did not want the sidewalk to go into the right of way. While there was consensus that the proposed sidewalk is not wanted, those who attended did all agree that we wanted try to reduce speed on Daniel Drive and find a creative way to use the $20,000 pledged to improve neighborhood safety. We hope to work with the city to help us find a way to do so. Thank you. Sincerely, Jeff Boyle - 4286 Daniel Drive (651) 686-2926 1 4 l Tim Plath From: Mira Pepper Sent: Wednesday, August 26, 2009 7:44 AM To: Russ Matthys Cc: Tim Plath Subject: FW: City Project #1 005-Daniel Dr Sidewalk Improvements -----Original Message----- From: Samantha Linnell [mailto:vollygurl7390@mac.com] Sent: Tuesday, August 25, 2009 7:00 PM To: City Council Cc: Samantha Linnell Subject: City Project #1005-Daniel Dr Sidewalk Improvements Dear Mayor and Council Members: I love living in Eagan, and I love living on Daniel Dr. I would hate to see any changes made to Daniel Dr. If there were changes made, it would ruin the feel of our street, and living here would not be the same. My husband and I attended the neighborhood meeting held on Aug. 20th, and appreciated Mr. Plath and Mr Matthys' work on the presentation. It took awhile but the group of neighbors in attendance did reach a consensus. Both sides, opposed and for, agreed that no one wants any physical changes reviewed in the feasibility study. That they would be unnecessarily disruptive physically and socially to our neighborhood. The neighborhood would like to respectfully ask the council to deny any of the sidewalk/street narrowing of Daniel Dr. put forth to the council. Instead, there was consensus that education and other such methods are the solution we need to explore further with guidance from the city. I respectfully ask that the council deny any sidewalk and/or street narrowing to Daniel Dr. put in front of the council on Sept. 1. Thank you, Sally Linnell 4240 Daniel Dr 2 Tim Plath From: Mira Pepper Sent: Monday, August 24, 2009 9:04 AM To: 'Linnell, Gregg' Subject: RE: Daniel Drive Sidewalk Study Your message has been forwarded to the Mayor and City Council. From: Linnell, Gregg [mailto:Gregg.Linnell@idq.com] Sent: Monday, August 24, 2009 9:00 AM To: City Council Cc: Linnell, Sally; linn08@comcast.net; jims4301@yahoo.com; brucerl3@juno.com; jirish95@hotmail.com; Steve.Baron@ParkNicollet.com; Russ Matthys; Tim Plath Subject: Daniel Drive Sidewalk Study Dear Mayor and Members of the City Council- Thank you for your leadership in guiding the Daniel Drive residents in this sensitive matter and for preparation of the sidewalk feasibility study. We are very happy with the open discussion that occurred at the neighborhood informational meeting on Thursday night, and we really appreciate the efforts of Russ Matthys and Tim Plath to present the information clearly and answer our questions about the project. The data presented does not indicate a safety concern or the need to retrofit a sidewalk into our neighborhood. We share the opinion of the majority of property owners at the meeting and are against the use of any City funds or neighborhood funds to construct sidewalks and/or roadway narrowing on Daniel Drive. Russ and Tim will be sharing with you that a consensus was reached amongst those in attendance that the engineering options presented are not desired or supported by the neighborhood. We ask that you vote on September 15t not to move forward with the engineering options presented in the feasibility study. Many residents expressed their continued interest in finding ways to reduce vehicle speeds and to creatively use the $20,000 pledged to improve neighborhood safety. No consensus was reached in this matter, but we are hoping the City can continue assisting the neighborhood in finding an appropriate way to use this money. On Thursday evening, we also had the opportunity to provide results of a Daniel Drive neighborhood survey we conducted in September 2008. Electronic copies of the survey results and individual surveys are also attached for your review. Thank you! Gregg & Sally Linnell 4240 Daniel Drive (612) 210-2202 linn08@comcast.net IDQ Companies DISCLAIMER: This transmission is intended only for the person named above and may contain privileged, confidential or proprietary business information. Please notify me 1 r7 Tim Plath From: Tim Plath Sent: Monday, August 24, 2009 8:59 AM To: 'Kristi Hassett' Subject: RE: Daniel Drive Sidewalk Improvements Kristi, Thanks for forwarding your position with regard to Project 1005- Daniel Drive Sidewalk Improvements. Your comments are noted and will be forwarded to the City Council for their information. Feel free to contact me if you have any questions or need additional information. Tim Tim Plath, PE, PTOE Transportation Engineer City of Eagan 651.675.5643 direct 651.675.5694 fax tplathna ci ofea ag n.cotn From: Kristi Hassett [mailto:kristihassett@comcast.net] Sent: Sunday, August 23, 2009 1:48 PM To: Tim Plath Subject: Daniel Drive Sidewalk Improvements Hi Tun - Thanks for speaking with me the other day about the proposed sidewalk improvement for Daniel Drive. I wanted to fonnally state the position of my husband and I for the record. We live at 4237 Daniel. We are, of course, interested in the safety of our street and making it a comfortable place to walk/ride bikes, etc. However, we are opposed to paying for any assessments to our property and would also be opposed to having a sidewalk on our side, cutting in to our yard. We think that continued education and a narrowing of the street would be helpful in mitigating the traffic/safety concerns, especially if this can be done with the money set aside or through city funds. Thanks for listening to our concerns. Sincerely, Kristi and Mike Hassett 4237 Daniel Drive 1 lyo Tim Plath From: Tim Plath Sent: Friday, August 21, 2009 8:23 AM To: 'brucerl 8@comcast. net' Subject: RE: Neighborhood Meeting: Project 1005 - Daniel Drive Sidewalk Improvements Mr. Randall, Thanks for your attendance and participation at last evening's neighborhood meeting. I look forward to seeing you at the Public Hearing on September 1, 2009. Have a good weekend! Tim Tim Plath, PE, PTOE Transportation Engineer City of Eagan 651.675.5643 direct 651.675.5694 fax tplathgci ofea aim From: brucerl8@comcast.net [mailto:brucerl8@comcast.net] Sent: Thursday, August 20, 2009 9:36 PM To: Tim Plath Subject: Neighborhood Meeting: Project 1005 - Daniel Drive Sidewalk Improvements Mr. Plath, I'd like to take this opportunity to thank you for the time and effort you put into this evening's meeting. I very much appreciated your calm professionalism in presenting the feasibility study information, answering questions and providing insight into potential solutions. As we discussed near the end of the meeting, I do not support continuation of this project. However, I would appreciate your office's assistance as the neighborhood works together to determine the most effective way to utilize the $20,000 that the developer has provided. I intend to present this testimony during the Public Hearing as well. Regards, Bruce Randall 928 Curry Trail (651) 686-8518 1!e{ Tim Plath From: Tim Plath Sent: Thursday, August 20, 2009 8:36 AM To: 'Steve. Baron@ParkNicollet.com' Cc: City Council Subject: RE: Project 1005 - Daniel Drive Sidewalk Improvement Project Mr. Baron, Thank you for contacting the City Council with your thoughts on the Daniel Drive Sidewalk project. This correspondence, along with other correspondence received concerning the Daniel Drive Sidewalk project, will be included in the meeting packet each Council member receives prior to the September 1, 2009 Council meeting. Thank you for your participation in this project and your anticipated attendance at the neighborhood meeting and the City Council meeting. Feel free to contact me if you have any questions. Sincerely, Tim Tim Plath, PE, PTOE Transportation Engineer City of Eagan 651.675.5643 direct 651.675.5694 fax tplathga,cityofea ag n.com From: Baron, Steve F. [mailto:Steve.Baron@ParkNicollet.com] Sent: Tuesday, August 18, 2009 8:36 PM To: City Council Subject: Project 1005 - Daniel Drive Sidewalk Improvement Project To the Honorable Mayor McGuire, and Honorable Members of the City Council, My name is Steve Baron, and I live at 4274 Daniel Drive. I have lived here at this address since 1988, and my wife, Renee, and I have raised our two children here. Back in 1990, the issue of placing a sidewalk on Daniel Drive was addressed by the Eagan City Council. It did not go forward. The issue is again before you now. I would like to express my opposition to the placement of a sidewalk anywhere along Daniel Drive. I do not believe there is any data in the feasibility study that was conducted that supports the safety issues that were voiced in the original petition. I also do not believe the intent of the original petition was to have sidewalks put through existing property. I plan on attending the neighborhood meeting on Thursday, August 20, at 6:30 p.m. as well as the City Council meeting on Tuesday, September 1. Thank you for your time. Steve Baron 4274 Daniel Dr Eagan MN 55123 (612) 452-6766 steve. baron(o)- parknicollet. com 1 /O Tim Plath From: Tim Plath Sent: Thursday, August 20, 2009 8:42 AM To: 'Renee.Baron@ci.minneapolis.mn.us' Cc: City Council Subject: RE: Project 1005 - Daniel Drive Sidewalk Improvement Project Ms. Baron, Thank you for contacting the City Council with your thoughts on the Daniel Drive Sidewalk project. This correspondence, along with other correspondence received concerning the Daniel Drive Sidewalk project, will be included in the meeting packet each Council member receives prior to the September 1, 2009 Council meeting. Thank you for your participation in this project and your anticipated attendance at the neighborhood meeting and the City Council meeting. Feel free to contact me if you have any questions. Sincerely, Tim Tim Plath, PE, PTOE Transportation Engineer City of Eagan 651.675.5643 direct 651.675.5694 fax tplath(a ci ofeagan.com From: Baron, Renee A. [mailto:Renee. Baron @ci.minneapolis.mn. us] Sent: Wednesday, August 19, 2009 6:53 AM To: City Council Subject: Project 1005 - Daniel Drive Sidewalk Improvement Project To the Honorable Mayor McGuire, and Honorable Members of the Eagan City Council, My name is Renee Baron, and I live at 4274 Daniel Drive. My husband, Steve, and I, and our two children, have lived at this address since 1988 - 21 years. My husband and I are one of the last two remaining "first time" residents on our side of the block. Back in 1990, we went through the issue of possible placement of a sidewalk on Daniel Drive in front of our house. At that time, and from what the minutes or notes from the issue which are in the City's archives should reflect, is that the Eagan City Council did not go forward with the sidewalk placement then. The issue is again before you now. I am greatly opposed to placing any additional sidewalk along any further portions of Daniel Drive. My husband and I walk nightly through our neighborhood, and I feel that the street as it is now provides ample space for all who use it. 1 l b3 My husband and I will be attending the neighborhood meeting on Thursday, August 20, at 6:30 p.m., as well as the City Council meeting on Tuesday, September 1. Thank you for your time and consideration. Sincerely, Renee Baron 4274 Daniel Dr Eagan MN 55123 (651) 206-1353 Renee.baron®ci.minneapolis.mn.us PRIVACY NOTICE: This e-mail message including any attachments, is for the sole use of the intended recipient(s) and may contain business confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If this e-mail was not intended for you, please notify the sender by reply e-mail that you received this in error. Destroy all copies of the original message and attachments. 2 Tim Plath From: Tim Plath Sent: Thursday, August 20, 2009 8:46 AM To: 'vollygurl7390@mac.com' Cc: City Council Subject: RE: City Project #1005: Daniel Drive Improvements Ms. Linnell, Thank you for contacting the City Council with your thoughts on the Daniel Drive Sidewalk project. This correspondence, along with other correspondence received concerning the Daniel Drive Sidewalk project, will be included in the meeting packet each Council member receives prior to the September 1, 2009 Council meeting. Thank you for your participation in this project and your anticipated attendance at the neighborhood meeting and the City Council meeting. Feel free to contact me if you have any questions. Sincerely, Tim Tim Plath, PE, PTOE Transportation Engineer City of Eagan 651.675.5643 direct 651.675.5694 fax tplath(icityofea ga1.com -----Original Message----- From: Samantha Linnell [mailto:vollygurl7390@mac.com] Sent: Wednesday, August 19, 2009 10:09 PM To: City Council Cc: Samantha Linnell Subject: City Project #1005: Daniel Drive Improvements Dear Mayor and City Council Members, I want to write you in regards to "City Project #1005; Daniel Dr Sidewalk Improvements. I am concerned you might have been lead down the wrong path thinking that no one is opposed to the petition requesting a sidewalk and street narrowing on Daniel Dr because of safety concerns. There is a group of people, which I am one of, who DO NOT want a sidewalk forced on themselves,.and feel there is not a safety concern. I appreciate the City diligently preparing feasibility studies on these changes. In addition, our group of concerned neighbors have conducted a survey of all households along Daniel Dr. We will present the results of this survey at the neighborhood meeting scheduled for Thursday August 20th. I believe that this survey along with the Cities Feasibility Studies will show that there is no safety concern, no need for narrowing of the street or building of a sidewalk, and CERTAINLY no consensus as to which side of the street the sidewalk should be placed. Me and my husband have received a copy of the Feasibility Report dated July 2009. Looking over this report, we have not seen anything to convince us the City needs to spend major unbudgeted money on unnecessary changes. In fact just the opposite. We both will attend the neighborhood meeting needing to hear what makes these changes necessary. Again, I am opposed to any type of changes on Daniel Dr, and do not see any safety concerns what so ever! Thank you for your attention, 13s Sally Linnell 49,40 Daniel Dr Tim Plath From: Tim Plath Sent: Thursday, August 20, 2009 9:08 AM To: 'juliemccarty@usfamily.net' Cc: Engineering Subject: RE: Daniel Drive sidewalk project Ms. McCarty, Thank you for contacting the City with your thoughts regarding the Diffley Marketplace development, the Daniel Drive Sidewalk project and your suggestion of installing a traffic signal at the intersection of Diffley Road and Daniel Drive. This correspondence, along with other correspondence regarding the Daniel Drive Sidewalk project, will be provided to each City Council member in the information packet they receive prior to the September 1, 2009 City Council meeting. We will also share your suggestion of installing a traffic signal at the intersection of Diffley Road and Daniel Drive with the Dakota County Transportation Department. There are several specific conditions, also known as "warrants", which need to be occurring at the intersection in order for the County to consider installing a traffic signal. I do know that the City and the County have been and continue to monitor and evaluate this intersection to determine if the warrants for installation of a traffic signal are met. The most recent evaluation of this intersection found that none of the required warrants are met. Thanks again for contact the City of Eagan with your thoughts and suggestions. Feel free to contact me if you have any additional questions. Sincerely, Tim Tim Plath, PE, PTOE Transportation Engineer City of Eagan 651.675.5643 direct 651.675.5694 fax tplatli@,ciiyofeagan.com From: Julie McCarty [mailto:juliemccarty@usfamily.net] Sent: Wednesday, August 19, 2009 8:36 AM To: Engineering Subject: Daniel Drive sidewalk project First of all, I want to thank the City of Eagan for allowing the development of the new Cub Foods and the area that currently has a Dunn Brothers, etc. on Diffley near Lexington. We live about 1/2 mile from there and are using the services all the time. This saves us a great deal of gasoline and time, and we feel that we are more of our own neighborhood than before. I'm also writing to comment on the Daniel Drive sidewalk project. From what I read on the website, this sounds like a good idea. We drive on that road every day and this would address some safety issues. I would also like to suggest that the City of Eagan initiate conversation with Dakota County about putting a traffic light at the intersection of Daniel and Diffley. There are often students attempting to cross Diffley from the middle school and it's dangerous. Also, there are cars coming out of the schools, trying to turn left at the same time that people are trying to turn left from the other side. People coming out of Daniel, turning left onto Diffley, do not have a very good sight line to the east because of the lay of the land. Also, with the increased traffic flow, if someone is turning right from Diffley onto Daniel, while I am waiting to turn left from Daniel onto Diffley (as most of us do!), it is very difficult to see the traffic in other lanes. At the same time, there are sometimes pedestrians walking in front or behind cars on Daniel that are waiting to turn left. In the past, the light was not necessary. However, the neighborhood has "grown up" and I think this is now a safety issue. This is the best time to look the traffic light idea, when you are already working on aligning sidewalks and before someone gets killed crossing the intersection. Just a thought. Thanks for all your work on this matter. Julie Julie McCarty Freelance Writer 821 Cornwallis Court Eagan, Minnesota 55123 (651) 686-5871 www. j uliemccarty. com Get FREE High Speed Internet from USFamily.Net! 2 /b7 CITY PROJECT NO 1005 INFORMATIONAL NEIGHBORHOOD MEETING DANIEL DRIVE SIDEWALK IMPROVEMENTS THRUSDAY, AUGUST 20, 2009 6:30 P.M. CITY HALL - COUNCIL CHAMBERS Attendance: Russ Matthys, City Engineer, Tim Plath, Transportation Engineer, 14 people representing 10 properties attended (see attached sign-in sheet). A. Presentation of Project Details • Matthys welcomed those in attendance and provided the evening's agenda. • Plath explained the public improvement process and presented project information including details such as history, project scope, construction impacts, costs, schedule and financing. B. Questions/ Comments • Resident requested that the Council to consider credit to property owners for overlay project assessment if the street is narrowed. Comment will be included in the minutes of this meeting which will be forwarded to the Council. • Who is responsible for the relocation of utility boxes? The utility company is responsible for the relocation of their facilities if they conflict with the proposed sidewalk. • Resident indicated concerns because walkers on Curry Trail would use his driveway to access the proposed sidewalk. Comment will be included in the minutes of this meeting which will be forwarded to the Council. • The schedule is too aggressive. Please delay the timeline to allow more discussion within neighborhood thru-out 2010. The project schedule reflects the construction of improvements. The neighborhood can request additional time to create a plan for the $20,000 escrow which includes educational traffic calming methods. • Residents indicated that the Petition references to "private property" meant the area behind the existing curb and gutter, not the right of way line. Clarification will be included in the minutes of this meeting and noted in the presentation to the City Council. • A majority of the people in attendance expressed their lack of support for engineering improvements but would like more time to discuss educational traffic calming options as neighborhood with staffs assistance to make use of $20,000. The meeting adjourned at 8:55 p.m. /ov NEIGHBORHOOD MEETING lbo Daniel Drive City Project 1005 Thursday, August 20, 2009 City of Eap 6:30 p.m. NAME ADDRESS /1 /1. L7'/Z~GG f SILL '1'JL LL 2I/) U 2. r c E ~N ~f f Ze,,- CL, Y lrej 3. d o C_k i IQ I I 4. f ~ll_C a~ 0""J D f .~1 5. 7. ' -_V__ _u_t~~1 ?~c~r~; i 11 I, i i 8. ,2-- f3A Rc r•/ 9. 10. Z+ 11.1 r (Z C, 12. 13. 14. 15. 16. 17. 18. 19. 20. Ian' G:\Forms\Sign-In Sheets\SIGN-IN.SHT & logo.doc City of Ea~an Feasibility Report for Daniel Drive Sidewalk Improvements City Project No. 1005 August 2009 1l0 411~ City of all August 27, 2009 Mike Maguire Mayor Honorable Mayor and City Council City of Eagan Paul Bakken 3830 Pilot Knob Road Cyndee Fields Eagan, MN 55122 Gary Hansen 1 Meg Tilley 'Re: Daniel Drive Sidewalk Improvements City Project No. 1005 Council Members Dear Mayor and City Council: Thomas Hedges City Administrator Attached is our report for the Daniel Drive Sidewalk Improvements, City Project No. 1005. The report presents and discusses the proposed improvements and includes a cost estimate 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, Municipal Center 3830 Pilot Knob Road Eagan, MN 55122-1810 Timothy J. Plath 651.675.5000 phone Transportation Engineer 651.675.5012 fax I hereby certify that this report was prepared by me or under my direct 651.454.8535 TDD supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Maintenance Facility 3501 Coachman Point Timothy J. to Eagan, MN 55122 651.675.5300 phone Date: L Z7 D9 Reg. No. 42024 651.675.5360 fax Reviewed 651.454.8535 TDD Departme t of Public Works Date: www.cityofeagan.com Reviewe y: Finance partment Date: The Lone Oak Tree The symbol of strength and growth in our community. GI T TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction/ History 1 Traffic Study 2 Scope 4 Proposed Improvements 5 Feasibility and Recommendations 6 Easements/ Permits 7 Cost Estimate 8 Revenue Sources 8 Project Schedule ...............................................................................1 0 LIST OF APPENDICES Appendix A July 2008 Traffic Study and Neighborhood Meeting Minutes Appendix 8 Cost Estimate Appendix C Appraiser's Opinion Appendix D Figures ~ is August 2009 Sidewalk Improvements Daniel Drive Eagan, Minnesota Introduction/ History During consideration of the proposed Diffley-Market place development in 2005-2006, residents living along Daniel Drive (see Location Map, Figure 1- Appendix D) expressed concerns regarding existing vehicle speeds and pedestrian safety. Additional concerns were expressed regarding traffic generated by the proposed development and the effects it would have on these issues. A formal resident petition requesting the installation of an all-way stop condition at the north intersection of Daniel Drive and Curry Trail was later received. The stop sign petition was addressed as part of the Daniel Drive Traffic Study. On February 11, 2008, a Neighborhood Meeting was held for Project 968 which provided street revitalization improvements to Daniel Drive and Lexington Pointe Parkway. The Neighborhood Meeting was attended by three (3) residents. At the meeting, a resident petition signed by 15 property owners was received which requested the narrowing of Daniel Drive and the installation of a sidewalk. The petition states, "As a resident who lives on Daniel Drive or utilizes Daniel Drive for vehicle purposes, we request the Eagan City Council to narrow the width of the street in the same manner as Denmark Avenue. This will allow a sidewalk to be installed without cutting into existing property and will also slow down traffic, which currently has a pattern of speeding down the length of the street. We believe this will increase traffic and pedestrian safety particularly with the incoming addition of an access way Daniel Drive 1 113 into a large retail development on our street." The petition did not indicate which side of Daniel Drive the requested sidewalk should be installed. A petitioner's map is shown in Figure 2- Appendix D. The petition was formally discussed during the Public Hearing for Project 968 on February 19, 2008. Three (3) residents attended the Public Hearing and expressed their concerns regarding pedestrian safety, additional traffic on Daniel Drive from the Diffley-Marketplace development and the speed of current traffic. Additional discussion regarding the potential delay of the revitalization improvements on Daniel Drive until the results of the traffic study were available was concluded with the Council's consensus that the revitalization improvements should proceed as planned. The City Council directed Staff to conduct a study of traffic safety mitigations and report findings back to the Council. Traffic Study In June 2008, Staff completed a Traffic Study of Daniel Drive. A memo summarizing the results of the study is attached in Appendix A. The Study concluded: • Daniel Drive is a 44-foot wide, minor collector roadway with 80-feet of right-of- way for a majority of the roadway. The right-of-way width is between 70 and 80 feet along a 750 foot long segment immediately south of Diffley Road. The existing street and right-of-way widths are consistent with current City Code requirements for minor collector roadways. • The average daily traffic on Daniel Drive varies between 790 vehicles per day (vpd) and 1,190 vpd. Minor collector roadways generally have traffic volumes of 1,500 vpd or greater. The existing traffic volumes recorded on Daniel Drive are significantly less than anticipated and experienced on other minor collector roadways in the City of Eagan. • Daniel Drive experiences a relatively low traffic volume with little or no cut- through traffic. Therefore, a majority of motorists driving on Daniel Drive Daniel Drive 2 1~q originate from, or are destined for, the area immediately surrounding Daniel Drive. Accordingly, physical devices such as: chokers/neckdowns, radar speed display signs and roadway narrowing, would not be cost effective strategies to address the speeding concerns. Educational tools would be the most cost effective response to the speeding concerns. The posted speed on Daniel Drive is 30 mph and the 85th percentile speeds for the study period were between 32.1 mph and 38.6 mph. Past practice in the City of Eagan has been the use of a 5 mph differential between the posted speed and the 85th percentile speed exclusively to identify a speeding problem. • Construction of a concrete sidewalk is the most cost effective response to the pedestrian safety concerns. Construction of a sidewalk would also bring this segment of Daniel Drive into compliance with the City's Community Trail System Policy. Adequate right-of-way width exists for the construction of a sidewalk without narrowing the street. • Construction of a concrete sidewalk should only be considered if the neighborhood can arrive at a consensus regarding which side of Daniel Drive the sidewalk should be constructed. It would make the most cost efficient use of the previous sidewalk and trail investments in the neighborhood to continue the existing sidewalk along the west side of Daniel Drive and connect to the trail on the north side of Lexington Pointe Parkway. Per City Assessment policy, 100% of the cost to construct a sidewalk along a minor collector roadway in a residential area would be paid by the City's Major Street Fund. • No stop sign warrants were met at the north intersection of Curry Trail and Daniel Drive. Therefore, the installation of an all-way stop condition is not appropriate at this location. • As part of the negotiated settlement of the Diffley-Marketplace litigation, the developer provided $20,000 to the City's Major Street Fund designated for safety improvements. Daniel Drive 3 11,5- The results of the Traffic Study were shared with the neighborhood and other interested parties at an informational meeting on June 26, 2008. Of the 21 single- family properties invited, five (5) residents representing five (5) properties attended the informational meeting. Two (2) residents representing one (1) property attended as a result of informational signage which was placed in the boulevard along Daniel Drive. Refer to Appendix A for minutes of this meeting. The results of the Traffic Study were also presented to the City Council at its July 15, 2008 regular meeting. Public comment was also received from eight (8) residents of the Daniel Drive area who expressed their concerns regarding pedestrian safety issues, the possibility of narrowing Daniel Drive, the installation of a sidewalk, the determination of which side of the street the sidewalk would be located and speed issues. The Council directed Staff to prepare a feasibility report to consider both narrowing of the street and the construction of sidewalk along three (3) segments of Daniel Drive. Subsequent to the Council's direction, traffic volume and speed data was gathered after the opening of the Cub Foods store in November 2008. The updated traffic data, collected in May 2009, is shown in Figures 3 and 4- Appendix D. Minimal increases in traffic volumes and traffic speed were observed in the 2009 traffic data. Scope The scope of this report is to evaluate the feasibility of roadway narrowing associated with construction of a separated sidewalk along certain segments of Daniel Drive. In addition, minor grading, utility adjustments and driveway apron construction are anticipated with specific elements of the project. As directed by the City Council, the project area is divided into three (3) segments. Segment I represents the north side of Daniel Drive from Diffley Road to the north Daniel Drive 4 intersection of Curry Trail. Segment II represents the south side of Daniel Drive from Diffley Road to the north intersection of Curry Trail. Finally, Segment III represents the south side of Daniel Drive from the north intersection of Curry Trail to the south intersection of Braddock Trail. The location of the segments is shown in Figure 5- Appendix D. Proposed Improvements The evaluated improvements include construction of a sidewalk as well as potential narrowing of the adjacent roadway to accommodate the construction of a sidewalk along the three (3) specific segments previously identified. With all options evaluated, adjacent property owners would be responsible for maintenance of all boulevard areas created by the project. Additionally, sidewalks installed as part of the project would not be plowed by the City unless approved by the City Council in accordance with the City's Winter Trail Maintenance Policy. Sidewalk Construction - Sidewalk improvements will provide pedestrian facilities to address the pedestrian safety concerns along Daniel Drive. The proposed typical section for the sidewalk improvements (Figure 6- Appendix D) indicates construction of a 6-foot wide concrete sidewalk separated from Daniel Drive by an 8-foot boulevard. This would place the back of sidewalk approximately 1-4 feet inside the existing public right-of-way. The boulevard width and resulting distance between the sidewalk and the right-of-way line are not in conformance with City standards (1-foot between sidewalk and right-of-way line) because of impacts to existing driveways and the resulting need to acquire temporary construction easements. The sidewalk improvements are shown in three (3) specific segments in Figures 7A-7D- Appendix D. Driveway Reconstruction - Portions of the existing driveways intersecting the proposed sidewalk will need to be reconstructed to accommodate construction of the Daniel Drive 5 117 sidewalk as shown in Figure 8- Appendix D. Impacted driveways will be reconstructed with the same material (i.e. bituminous or concrete) as the existing driveway between the curb and the sidewalk and between the sidewalk and right-of-way line. The amount of driveway reconstruction will be increased if the roadway is narrowed due to the relocation of the curb line. Roadway Narrowing - The proposed roadway narrowing would occur in three (3) segments and would supplement the construction of the sidewalk. The proposed typical section for the roadway narrowing, Figure 9- Appendix D, indicates removing the existing concrete curb and gutter and bituminous pavement and constructing new curb and gutter approximately 8-feet inside the existing curb line. A 6-foot concrete sidewalk would also be constructed 8-feet behind the new curb and gutter. This would place the back of the sidewalk approximately 7-12 feet inside the existing public right of way. Narrowing the roadway will require the relocation of several storm sewer catch basins and related underground piping as well as loss of parking and the posting of No Parking signs. The three (3) segments considered for roadway narrowing are identical to the segments considered for construction of the sidewalk and are shown in Figures 1OA-D- Appendix D. Feasibility and Recommendations The construction of a separated sidewalk within the existing public right-of-way is feasible on the south side of Daniel Drive (Segments II and III). Constructing this segment of sidewalk will provide optimal connectivity with the neighborhood commercial area at the southwest corner of Diffley Road and Daniel Drive with no impact to private property. Construction of a sidewalk on the north side of Daniel Drive (Segment I) is not feasible due to the existing topography in the public right of way. A sidewalk constructed in this location would require the acquisition of temporary construction easements from Daniel Drive 6 I~~ the adjacent properties as well as impacting landscaping and other improvements located on private property. Roadway narrowing is not required to accommodate the construction of the sidewalk within the existing public right-of-way on the south side of Daniel Drive (Segments II and III). Additionally, the existing traffic volume on Daniel Drive is relatively low and does not support roadway narrowing. Therefore, construction of the roadway narrowing is not recommended. Construction of a sidewalk on the south side of Daniel Drive (Segments II and III) without the requested roadway narrowing is recommended in accordance with the City's Community Trail System Policy. This project is not included in the Five Year Capital Improvement Plan (2010 - 2014) for the City of Eagan. Easement/Permits All work associated with the sidewalk construction along Segments II and III will take place in the public right-of-way. No additional easements will be necessary. Construction of the sidewalk along Segment I would require several temporary easements if the roadway is not narrowed in this area. It is anticipated that no permits will be required for the project. While completing the feasibility report, encroachments of private use into the public right of way along Daniel Drive were identified. City staff will contact the responsible property owners and work with them to resolve the encroachments on a case-by-case basis in accordance with City Ordinance regardless if improvements contemplated in this feasibility report are constructed. Daniel Drive 7 ~l~ Cost Estimate Detailed cost estimates are located in Appendix B. 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: Sidewalk Construction • Segment 1 $ 82,400 • Segment 2 $ 65,000 • Segment 3 84,000 Combination of Segments 2 it 3 $149,000 Roadway Narrowing 8t Sidewalk Construction • Segment 1 $131,000 • Segment 2 $108,000 • Segment 3 $125,000 Combination of Segments 2 Ft 3 $233,000 Revenue Sources As previously stated, the developer of the Diffley-Marketplace provided $20,000 to the City's Major Street Fund specifically designated for safety improvements to alleviate traffic safety concerns raised by the Development. These funds may be expended according to the City's sole discretion. If the City has not approved a plan for safety mitigation measures related to the development by October 29, 2011, the balance of the traffic safety funds must be refunded to the developer. It would be appropriate for the City Council to provide direction on the use of these funds. Daniel Drive 8 Im Following is the City's cost sharing policies for sidewalk construction and roadway narrowing: City Cost Sharing Policy Property City Sidewalk Construction 0% 100% Roadway Narrowing 100% 0% A summary of revenue sources for construction of the sidewalk is listed below: Project Property City Cost Owner Cost Contribution Sidewalk Construction Segment 1 $ 82,400 $ 0 $ 82,400 Segment 2 $ 65,000 $ 0 $ 65,000 Segment 3 84,000 $ 0 84,000 Combination of Seg 2&t3 $149,000 $ 0 $149,000 The City's Major Street Fund will finance the sidewalk construction cost of up to $149,000 (100% of total). Since the City does not pay costs associated with roadway narrowing when adequate right-of-way exists to accommodate sidewalk construction, other revenue sources are needed. Special assessments are often used as a revenue source to finance property owner costs for improvements which provide increased value to adjacent and/or surrounding properties. Given the unknown benefit roadway narrowing provides to adjacent and/or surrounding properties, an independent appraiser's opinion was requested to determine if special assessments could be used as a revenue source. The appraiser's opinion is located in Appendix C and indicates that roadway narrowing "would result in no material or measureable value benefit to homes in the vicinity of this street." Therefore, special assessments cannot be used as a revenue source. Daniel Drive 9 la) Voluntary payment by property owners is the only viable revenue source for the roadway narrowing costs. A summary of potential revenue sources for roadway narrowing costs is listed below: Project Property City Cost Owner Cost Contribution Roadway Narrowing (does not include sidewalk construction) Segment 1 $ 48,700 $ 482700 $ 0 Segment 2 $ 42,800 $ 42,800 $ 0 Segment 3 $ 40,600 40,600 $ 0 Combination of Seg 2£t3 $ 83,400 $ 83,400 $ 0 If utilized, voluntary property owner payments must finance all costs associated with the roadway narrowing cost (up to $83,400 100% of total). Project Schedule Present Feasibility Report to City Council/ Order Public Hearing .....................................August 3, 2009 Informational Meeting August 2009 Public Hearing ..................................................September 1, 2009 Order Plans and Specifications December 1, 2009 Approve Plans and Specifications February 15, 2010 Award Contract April 6, 2010 Project Completion July 15, 2010 Daniel Drive 10 1cZCN~ APPENDIX A July 2008 Traffic Study & Neighborhood Meeting Minutes Jam, City of Eapn MeMo TO: RUSS MATTHYS, CITY ENGINEER FROM: TIM PLATH, TRANSPORTATION ENGINEER DATE: JUNE 24, 2008 SUBJECT: DANIEL DRIVE TRAFFIC STUDY BACKGROUND DISCUSSION During review of the proposed Diffley-Marketplace development in 2005-2006, residents living along Daniel Drive expressed concerns regarding existing vehicle speeds and pedestrian safety. Additional concerns were expressed regarding traffic generated by the proposed development and the effects it would have on these issues. A formal resident petition requesting the installation of an all-way stop condition at the intersection of Daniel Drive and Curry Trail was later received. As part of the negotiated settlement of the Diffley-Marketplace litigation, the developer provided $20,000 to the City's Major Street Fund designated for safety improvements. On February 11, 2008, a Neighborhood Meeting was held for Project 968 which provides street revitalization improvements to Daniel Drive and Lexington Pointe Parkway. The Neighborhood Meeting was attended by three (3) residents. At the meeting, a resident petition signed by 15 property owners was received which requested the narrowing of Daniel Drive and the installation of a sidewalk. The petition states, "As a resident who lives on Daniel Drive or utilizes Daniel Drive for vehicle purposes, we request the Eagan City Council to narrow the width of the street in the same manner as Denmark Avenue. This will allow a sidewalk to be installed without cutting into existing property and will also slow down traffic, which currently has a pattern of speeding down the length of the street. We believe this will increase traffic and pedestrian safety particularly with the incoming addition of an access way into a large retail development on our street." The petition did not indicate which side of Daniel Drive the requested sidewalk should be installed. A petitioner's map is shown in Figure 1. The petition was formally discussed during the Public Hearing for Project 968 on February 19, 2008. Three (3) residents attended the Public Hearing and expressed their concerns regarding pedestrian safety, additional traffic on Daniel Drive from the Diffley- Marketplace development and the speed of current traffic. Additional discussion regarding the potential delay of the revitalization improvements on Daniel Drive until the results of the traffic study were available was concluded with the Council's consensus that the revitalization improvements should proceed as planned. The City Council \\eacity\Engineer$\Tim PlathV08\Memos\Daniel Drive Traffic Study-Final.doc Ja 1 directed Staff to conduct a study of traffic safety mitigations and report findings back to the Council. EXISTING CONDITIONS Daniel Drive is a minor collector roadway which intersects Diffley Road (County Road 30) approximately 1,850 ft (0.35 miles) east of Lexington Avenue (County Road 43). Figure 2 indicates the general location of Daniel Drive. Daniel Drive continues south from its intersection with Diffley Road for approximately 2,550 feet (0.50 miles) until it changes name and becomes Lexington Pointe Parkway. There are three horizontal curves along Daniel Drive. The first is located approximately 200 feet south of Diffley Road. A second curve is located approximately 1,300 feet south of Diffley Road and the third curve is located at the south end where Daniel Drive becomes Lexington Point Parkway. The posted speed is 30 mph. The existing horizontal and vertical alignments along Daniel Drive are consistent with current City Code requirements for minor collector roadways. Daniel Drive is a 44-foot wide roadway, as shown in Figure 3, which provides for two (2) traffic lanes and two (2) parking lanes. The right-of-way is 80-feet wide for a majority of the roadway except a 750 foot segment south of Diffley Road where the right-of-way varies between 70 and 80 feet. The existing street and right-of-way widths are consistent with current City Code requirements for minor collector roadways. Currently, there is a 5-foot concrete sidewalk from Diffley Road to 200 feet south on the west side of Daniel Drive as shown in Figure 4. The balance of Daniel Drive does not have sidewalk. The City did not have policy requirement for the installation of sidewalks/trails along minor collector roadways at the time Daniel Drive was constructed in 1989. The current City of Eagan Community Trail System Policy, which was adopted by the City Council on December 13, 2004, requires the installation a 6-foot concrete sidewalk on one (1) side of minor collector roadways. The current levels of intersection control are shown in Figure 5. Two-way stop conditions are present at Braddock Trail (north and south) and Curry Trail (north and south) with Daniel Drive having the non-stop condition at all intersections. The Trenton Trail intersection is controlled by a Yield condition for traffic on Trenton Trail entering Daniel Drive. These levels of intersection control are consistent with other minor collector roadways within the City of Eagan. TRAFFIC DATA Traffic volume data was collected for a 48-hour period beginning at 2:30 p.m. on Wednesday, April 23, 2008 and ending at 2:30 p.m. on Friday, April 25, 2008. The average daily traffic on Daniel Drive varies between 790 vehicles per day (vpd) and 1,190 vpd as shown in Figure 6. Minor collector roadways generally have traffic volumes of 1,500 vpd or greater. The existing traffic volumes recorded on Daniel Drive are significantly less than anticipated and experienced on other minor collector roadways Ia in the City of Eagan. Additionally, the existing traffic volumes do not indicate significant amount of "cut-through" traffic. ("Cut-through" is a term used to describe traffic not related to the adjacent area that uses a less direct but more convenient route to a particular destination.) Therefore, the vast majority of motorists driving on Daniel Drive originate from, or are destined for, the area immediately surrounding Daniel Drive. Speed data was also collected during the same 48-hour period. Speed data is often presented in terms of the "85`h percentile speed". The "85`h percentile speed" is the speed below which 85 percent of the vehicles travel and above which 15 percent of the vehicles travel. The data collected on Daniel Drive found 85`h percentile speeds between 32.1 mph and 38.6 mph as shown in Figure 7. Currently, the City of Eagan does not have a policy which defines when a speeding problem warrants corrective action. A brief review of traffic calming policies for communities around the state and country found the following thresholds, relative to the 85`h percentile speed, to define a speeding issue on collector roadways which warrants corrective action: 5 mph or More 8 mph or More 9 mph or More Above Posted Speed Above Posted Speed Above Posted Speed Blaine, MN Newport News, VA Rockville, MD Madison, WI San Antonio, TX Several traffic calming policies also considered traffic volume in defining a speed problem. Past practice in the City of Eagan has used a 5 mph differential between the posted speed and the 85`h percentile speed to identify a speeding issue. ALL-WAY STOP ANALYSIS Based on a previous petition request and City Council direction at the February 19, 2008, Public Hearing for Project 968, an analysis was conducted to determine if an all-way stop condition is warranted for the north intersection of Daniel Drive and Curry Trail. A stop sign is used to assign right-of-way at intersections and can help inform people that they should stop before proceeding into the intersection. Stop signs should not be used for speed control. Inappropriately placed stop signs can be even more dangerous than the current two-way stop controlled intersection. The installation of stop signs is based on guidelines established by the Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD). The MnMUTCD contains requirements, or "warrants", used by cities, counties, and the state to determine whether it is appropriate to install various traffic control signs and devices, including stop signs. The applicable warrants which need to be met in this situation pertain to crash history and traffic volumes. The MnMUTCD defines a crash problem as 5 or more reported crashes in a 12-month period that are susceptible to correction by a multi-way stop installation. Such crashes I-0~ include right- and left-turn collisions as well as right-angle collisions. No crashes have been recorded at this intersection between January 1, 2002 and December 31, 2007, so this warrant is not met. The volume warrant has two parts. First, the total vehicular volume entering the intersection from the Daniel Drive approaches must average at least 300 vehicles per hour for any 8 hours of an average day. Second, the combined vehicular, pedestrian, and bicycle volume entering the intersection from the Curry Trail approaches must average at least 200 units per hour for the same 8 hours, with an average delay to minor-street vehicular traffic of at least 30 seconds per vehicle during the highest hour. Both parts need to be satisfied in order for this warrant to be met. The total volume entering the intersection from the Daniel Drive approaches averaged 49 vehicles per hour for the highest 8 hours which is considerably less than the required average of 300 vehicles per hour. The total volume entering the intersection from the Curry Trail approaches averaged 24 vehicles per hour for the highest 8 hours which is considerably less than the required average of 200 units per hour. Therefore, the volume warrant is not met. Since no warrants were met, the installation of an all-way stop condition is not appropriate at this location. As part of the stop sign analysis, an intersection sight distance evaluation was conducted to determine if adequate sight distance exists for motorists to safely approach and maneuver through the intersection. The evaluation consists of reviewing corners of the intersection to determine if sight obstructions are present within the sight triangle. The sight triangle for this intersection is formed by starting at the point of intersection of the gutter lines and moving away from the intersection 30 feet in each direction. Any items between 2.5 feet and 8 feet tall within this triangle are considered sight obstructions and must be removed/relocated by the property owner in accordance with City Code. Sight obstructions consisting of three (3) shrubs/landscaping were found at the northwest corner. A letter will be sent to the property owner informing them of their responsibility to remove/relocate the sight obstructions from the sight triangle. RESPONSES TO TRAFFIC AND PEDESTRIAN SAFETY CONCERNS Responses to concerns regarding excessive traffic speeds/volumes and pedestrian safety are generally addressed by using three important tools: education, enforcement, and engineering. EDUCATION Public education can be an effective tool to help change the attitude and behavior of drivers. Educational efforts aim at addressing the possibility that residents of the affected neighborhood are not attentive to the speeds at which they are driving and that modifications of their own driving behavior may solve the problem. These efforts are cost-effective. The majority of these techniques help to reduce vehicle speeds which 0 1 provide a secondary benefit to pedestrian safety. Some educational efforts that can be used include: • Neighborhood Meeting - Organize a meeting with the affected neighborhood to discuss the specific traffic issues for the neighborhood and recommend ways for residents to personally reduce speeds and increase traffic/pedestrian safety in their neighborhood. • Traffic Safety Newsletter - Preparation of a newsletter describing the traffic concerns and recommendations. The newsletter may provide information on traffic speeds and pedestrians in the area, as well as reminders of traffic/pedestrian laws and safety tips. • Speed Trailer - Use of a portable trailer equipped with a radar unit, which detects the speed of passing vehicles and displays it on a reader board. The trailer shows drivers their actual speed versus the posted speed limit and encourages compliance. The device also helps by-standers to gauge how fast the posted speed limit looks as drivers pass by. • Neighborhood Pledge or "Pace" Cars - A pledge form may be distributed through the neighborhood to encourage neighbors to commit to driving the speed limit. The drivers of these "pace" cars will lead by example through their neighborhood and others. • "Walking School Bus" Program - Neighborhood develops a system using trusted and responsible parents, older children or volunteers to become "Walking School Bus Drivers." These "drivers" walk a set route, much like a school bus, collecting or "picking up" children along the route, follow-the-leader style and walks them to school. ENFORCEMENT Increased levels of law enforcement may encourage motorists to drive at the posted speeds or penalize those who do not. The enforcement component may include issuance of warning tickets and/or traffic citations by police officers. This approach is effective when consistently high levels of enforcement are implemented, which is a costly response to the concern and impractical due to budget limitations. ENGINEERING A structural modification is made to the roadway environment that encourages vehicles to drive at reduced vehicle speeds. Engineering tools are relatively costly. Without an approved policy, it is difficult to define whether a traffic or pedestrian safety problem exists which requires corrective action utilizing engineering tools. Further, it is difficult to evaluate the appropriateness of the multitude of engineering tools available without a policy which identifies acceptable methods. Therefore, this evaluation will only consider engineering tools that have already been installed within the City of Eagan, more specifically along Denmark Avenue. l~8 Following is a summary of potential engineering tools which provide speed reduction and pedestrian safety improvements: Choker/Neckdown Definition: f z.; A physical reduction of road width through the use of curb extensions. Chokers are typically constructed between intersections while neckdowns are typically installed at an intersection. Advantages: • Easily negotiable by large vehicles (such as fire trucks and winter maintenance) • Creates protected on-street parking bays • May have positive aesthetic value if landscaped and maintained by adjacent property owners • May reduce both speed and volume Disadvantages: • Will require pedestrians/bicyclists to briefly merge with vehicular traffic • Will require the elimination of some on-street parking Effectiveness • Average of 4% decrease in the 85th percentile travel speeds, or from an average of 34.9 to 32.3 miles per hour (combined average for various narrowing measures, taken from a sample of 7 sites) • Minor decrease in traffic volume Roadway Narrowing Definition: The physical reduction of road width through elimination of a parking lane or a shoulder over an extended length of roadway. Advantages: • Provides additional boulevard width for potential installation of sidewalk • May reduce traffic speeds and volumes Disadvantages: • Will decrease available parking • May create minor impacts to existing landscaping within street R/W • May require relocation of mailboxes and hydrants )d)9 • Excessive cost Effectiveness: • Roadway narrowing appears to have some effectiveness in several Metro communities, however, little statistical data is available to determine level of effectiveness Sidewalk Construction Definition: Construction of a concrete sidewalk for pedestrian and bicycle use. JA`s Y,, ~(Z Advantages: • Separates peds/bicyclists from vehicles • Conforms to City's Transportation Plan Policies • Mitigates negative impacts to peds/bicyclists created by potential chokers Disadvantages: • May create minor impacts to existing landscaping within street R/W • May require relocation of mailboxes and hydrants Effectiveness: • Installation of sidewalk reduces likelihood and severity of peds/bicyclists being struck by vehicles Landscaping Definition: Plantings adjacent to roadway that attempt to reduce the spatial volume of the street or to enhance the appearance of the street environment. Advantages: • May be aesthetically pleasing • May decrease vehicle speeds Disadvantages: • Require maintenance • May decrease snow storage space 130 Effectiveness: • Not statistically significant Radar Speed Display Sign Definition: Communicate speed of travel to the driver through a combination of radar and LED's. 4 xys Advantages: • Supplements other alternatives Disadvantages: • Not self-enforcing • Cost Effectiveness: • City of St. Paul has experienced 2-3 mph reduction in 85`h percentile speeds As previously mentioned, engineering tools to reduce traffic speeds and/or provide pedestrian safety improvements are costly. The traffic and pedestrian safety improvements on Denmark Avenue were constructed in 2006 and consisted of narrowing the roadway 8-feet by eliminating the parking lane along the west side of the road to better accommodate the construction of a 5-foot sidewalk. Additionally, landscaped chokers/neckdowns were constructed in two (2) locations. One (1) radar speed display sign was also installed. The cost of these improvements, including construction, engineering and administrative costs, was approximately $400,000. The following table provides a comparison between the existing roadway and traffic conditions on Daniel Drive with those that existed on Denmark Avenue prior to the 2006 improvements: 131 Daniel Drive Denmark Avenue Roadway Length 2,550 feet (0.50 miles) 2,650 feet (0.50 miles) Functional Classification Minor Collector Minor Collector Adjacent Land Use Low Density Low and Medium Residential Residential Year of Construction 1989 Early-mid 1970's Street Width 44 feet 44 feet Right-of-Way Width 70-80 feet 60 feet Traffic Volume 790-1,190 v pd 2,925-4,684 v pd Cut-through Traffic less than 5% 46% (estimated) 85 Percentile Speed 32.1-38.6 mph 33.2-39.2 mph Average Neighborhood Meeting Attendance 3 people 30 people Driveways Connecting to Roadway 21 29 Residences with Direct Access to Roadway 21 61 Significant differences are noted in right-of-way width, traffic volume and amount of cut- through traffic. CONCLUSIONS Daniel Drive experiences a relatively low traffic volume with little or no cut-through traffic. This indicates that engineering tools, such as chokers/neckdowns, radar speed display signs and roadway narrowing, would not be cost effective strategies to address the speeding concerns. Similarly, enforcement tools would not be cost effective since a majority of motorists driving on Daniel Drive originate from, or are destined for, the area immediately surrounding Daniel Drive. Educational tools are the most cost effective response to the speeding concerns. The construction of a concrete sidewalk is the most cost effective response to the pedestrian safety concerns. Construction of a sidewalk would also bring this segment of Daniel Drive into compliance with the City's Community Trail System Policy. Since adequate right-of-way width exists for the construction of a sidewalk without narrowing, it is recommended that no street narrowing be constructed. Construction of a concrete sidewalk should only be considered if the neighborhood can arrive at a consensus regarding which side of Daniel Drive the sidewalk should be constructed. It would make the most cost efficient use of the previous sidewalk and trail investments in the neighborhood to continue the existing sidewalk along the west side of Daniel Drive and connect to the trail on the north side of Lexington Pointe Parkway. Per City Assessment policy, 100% of the cost to construct a sidewalk along a minor collector roadway in a residential area would be paid by the City's Major Street Fund. I :ary = PETITIONERS X90 DIFFLEY ROAD (CSAH 30) BRADDOCK 0 Q~ 42 > Dog Q am < v E LJ O ` ) O 421D Ina 42. OQ r~1 M Ins EP 9 ED ppOG FkiN~TON ~ ~ o o m ~ ~ 0 Q~~Qa PN PO G:1TimPIath\Bruce\DANIEL DR TR PETITION 06/12/08 Daniel Drive Trail City of Ea p Petitioners Map Fig. 1 Engineering Department F- 0 ~ YANKEE DOODLE ROAD w Q ~G z ° w am2m WESCOTT ROAD CITY HALL HALL Qo D~~ o0 o0 Study Location DIFFLEY ROAD co ~ ~ ~gNiF( \ LEXINGTON iq,T~ PKG. yµpe`'S m WILDERNES M0 N RO. 2 a 1 CLIFF ROAD 00 0 14[LLS 1' 6-11-2008 LEXINGTON POINTE PARKWAY/DANIEL DRIVE City of 8a~a TRAFFIC STUDY Figure 2 Engineering Department LOCATION MAP DIFFLEY ROAD (CASH 30) NORTH EXISTING STREET WIDTH BRADDOCK 1 1 11 1 1 36 ' F-F m ¦ ¦ 44' F-F Z _ , ,1~.OgNr~ ~ ~ TRILLIUM CT. ,At RrVE h so . z ~ PATRICK CONEFLOWER CT. OJT W a a . WILDFLOWER CT• o0c LEXINGTON' 11.11.1.1.111••••1111••11••11•••1• .KENSINGTO TRAIL__. • 1 Y/v wI WALNUT RIDGE DR. I F- 00 Aft an fit 10 a _ w z D2 of JEFFERSON LANE 2 C-3 a F LEXINGTON POINTE PARKWAY I DANIEL DRIVE City f E nt EXISTING STREET WIDTHS Figure 3 Engineering Department DIFFLEY ROAD /RT if I T o",,.f I TRILLIUM CT. I I 7f t 1~ iifJ + , I f • ROAD - f r~ PATRICK ' R_ r i 7 CONEFLOWER CT. " / r J + 0 t 1 / ~I\ ' .'I ? Z WILDFLOWER CT• LXLLL.J(/ TRAIL..._ . J I I r , WALNUT RIDGE DR. f p0/h, m } It ~ L) U) W t 1 7 vl 2 i t 7 Z JEFFERSON LANE Z y+ ,I " wYl Y 7 l / I ~O~ o 00 AMil-TON ' 5'CONCRETESIDEWALK L j & BITUMINOUS TRAIL 10' BITUMINOUS TRAIL LEXINGTON POINTE PARKWAY I DANIEL DRIVE Figure 4 DeeppEt13Vartment EXISTING TRAILS I SIDEWALKS Rev. July 2009 Engineering City I I DIFFLEY ROAD (CSAH 30) BRADDOCK NORTH Z A 0 cJ~ M TRILLIUM CT. y MAGI A.I J U pATRICK ROAD CONEFLOWER CT. C) 3 0 6 Q~ LL 0 _j v P 0< W 3 a WILDFLOWER CT. m BVp,ODOCK LEXINGTON KENSINGTON tRA1L A m O~ WALNUT RIDGE DR. U 0 U F V U/ y92i I- U (0 U 0 L w = z xl < 0 j = JEFFERSON I Traffic Light ® 2 - Way Stop LANE 4 - Way Stop Yield U Uncontrolled HAMILTOPI Df@. a E E 0 City of Ea p LEXINGTON POINTE PARKWAY/ DANIEL DRIVE Figure 5 Engineering Department EXISTING INTERSECTION CONTROL DIFFLEY ROAD BRADDOCK NORTH T,P a TRILLIUM CT. 1190 VPD IIACL ~RJtrF I- PATRICK ROAD Q-1 CONEFLOWER CT. GJ~ W w Q~ G o 0 f J 800 VPD 790 VPD G) 0Q z WILDFLOWER CT. K F in BRADDpCK m ts KENSINGTON LEXINGTON TRAIL WALNUT RIDGE DR. NTH ~ P FRK~ U W F U y j U 0 y U 9~ 0 r 0 0 2A N J al 1740 VPD 2 0 W = 1150 VPD JEFFERSON J ~Lj 1290 VPD LAN-~~ z Q Oy D = QI u 2 co DR. HAMILTON E VPD = VEHICLES PER DAY City of Eajaii LEXINGTON POINTE PARKWAY/ DANIEL DRIVE Figure 6 DAILY VOLUME Engineering Department DIFFLEY ROAD BRADDOCK NORTH TR 'AqC ogNl~c TRILLIUM CT. 3? Map MAC.L Z 38s Mo h ~Rl~F PATRICK ROAD CONEFLOWER CT. pJ~ m 0 G 38 fig. 0 3 0Q 3g? M0h 0 WILDFLOWE CT. Mph 9~pppC rn Asa Fu KENSINGTON LEXINGTON TRAIL WALNUT ROG. ~ P P 1~ I { 0 Q y f U V U N U Y~ m CO Z x 0 k s ~ ~ 34Mp ~ SMPH o ?60 h Q JEFFERSON LANE 35 00 = Mp MP k h g5? ,'0 c` a ~2 x w J W HAMILTON DR. 2 O POSTED SPEED = 30 MPH LEXINGTON POINTE PARKWAY/ DANIEL DRIVE E City DepEeQauartment Engineering Department 85th PERCENTILE SPEED Figure? City of Eapn Daniel Drive Traffic Study Neighborhood Meeting Thursday, June 26, 2008 6:30 p.m. Eagan Room, City Hall Attendance: Russ Matthys, City Engineer; Tim Plath, Transportation Engineer; Greg Johnson, Police Lieutenant; 7 residents representing 6 properties. A. Presentation of Project Details • Matthys introduced Plath and Johnson and explained the Council direction to prepare a traffic study for Daniel Drive. Plath presented the study. Questions were answered throughout the presentation. B. Questions/Comments 1. How will neighborhood access to Diffley Marketplace function? Plath explained and presented the Diffley Marketplace site plan. Access will be by a one-way, entrance only, driveway from Daniel Drive to the new development, as well as the other accesses to the adjacent county highways. 2. If one parking lane on Daniel Drive is removed (signed No Parking), this would not impact the two traffic lanes? Correct. 3. What would narrowing the street for the construction of a new sidewalk do to traffic? The report will address. 4. If the neighborhood were constructed today as a new development, would Daniel Drive have a sidewalk? Yes, in accordance with the 2004 Community Transportation Trail System Policy. 5. Why were traffic counters not placed between Lexington Avenue and Wildflower Lane for the traffic study data collection? Due to a lack of equipment and street segment is not equal/comparable to Daniel Drive (no direct driveway access). 6. Most recorded 85th percentile speeds are in excess of 5 mph above speed limit? Yes. 7. I've seen accidents during the review period, however the report states no accidents? They may not have been reported. Regardless, much fewer accidents than 5 per year required for stop sign warrant. Correct. 8. Would neighborhood distribute educational flyers about traffic concerns? That is an option - if Council directs staff to do so, we will. 9. Do development conditions change with Cub Foods rather than Rademacher grocery store? No. Agreement is between City and developer. All conditions remain. \\eacity\Engineer$\Tim PlathVO8\Misc\Daniel Drive Traffic Study Minutes.doc IBC) 10. Safe Routes to School - What did the City do about getting funding? Everything possible to educate and encourage all 3 school districts to apply. Only Red Pine Elementary applied for and attained funding. Discussed Blue Cross Blue Shield funding options considered by Northview Elementary principal. Encouraged residents to contact school district representatives. 11. Concerned about kids crossing Diffley from school to get to new (attractive) shops at Diffley Marketplace. Short of installing fence, there are no practical physical means to prevent pedestrians from crossing roads in specific locations. Parents will need to educate children to use the signalized crossings at Lexington Avenue and Braddock Trail which provide safer crossing locations. Plath continued presentation with a Denmark Avenue / Daniel Drive comparison. Lt. Johnson shared that history and data on Daniel Drive indicate traffic belongs to neighborhood - makes it a lower priority for enforcement. 12. What about speed trailer efficiency? Tends to drop vehicle speeds right away, but speeds go back up after short time. Police have similar thoughts about permanent signs. 13. How about moving "permanent" signs around? St. Paul has been trying this out. No data is available. 14. Would landscaping occur with narrowing? It could, but landscaping, by itself, is a tool. This is a good option for the neighborhood. How about City funding? Not per City policy. 15. What would be the cost of the narrowing for the residents? Rough estimate of Denmark Avenue for narrowing $25-$30/LF. Could get that information if staff is directed to prepare a feasibility report by the City Council at the July 15 meeting. 16. Any suggestions for where sidewalk should go? West side. Existing sidewalk is on the west side, shops at Diffley Marketplace will be a destination, more people with access to west side. Could end at the northwest corner of Braddock Trail (southern intersection). 17. I live on the west side. I would not want a sidewalk without narrowing the street. 18. Very nice job on the study. What will grocery store do to neighborhood traffic? One-way only entrance/driveway does a great deal to benefit/limit traffic. There should not be a noticeable increase in traffic south of the entrance. The segment between Diffley Road and the new entrance will see additional traffic coming from Diffley Road and destined for areas on the east side of the development. 19. What would cause the City to narrow the street? A signed petition by a majority of the residents on Daniel Drive agreeing to pay 100% of the cost. Look at comparison of Daniel Drive and Denmark Avenue in study. It clearly justifies why Denmark was narrowed for the sidewalk construction. 20. How many trips per household per day were estimated for the study? 10 per house (national average). \\eacity\Engineer$\Tim PlathV08\Misc\Daniel Drive Traffic Study Minutes.doc tLt 1 21. Estimated assessment for reconstruction (30-40 years from now) of street with narrowing? Possibly $3,000 (today's cost). 22. Could staff meet with neighborhood residents to educate and help develop consensus for narrowing street at neighborhood cost (assessment) to avoid Denmark neighborhood problems? Yes, with Council direction. 23. Can we use $20,000 contributed by developer for street narrowing? Yes, with Council approval. There is a 3-year limit on the funding availability. 24. Can we get traffic counts used for study? Yes, in pdf file format. Lt. Johnson provided Neighborhood Watch coordinator contact information. \\eacity\Engineer$\Tim Plath\'08\Misc\Daniel Drive Traffic Study Minutes.doc 114 Appendix B- City Project 1005 Preliminary Cost Estimate Daniel Drive Sidewalk Construction and Roadway Narrowing Item No. Item Unit Qty. Unit Price Total Price Part I - Project 1005 - Daniel Drive Trail (Segment 1- Sidewalk Construction) 2021.501 Mobilization IS 1 $4,000.00 $4,000.00 2104.501 Remove Concrete Curb and Gutter LF 15 $5.00 $75.00 2104.505 Remove Bituminous Driveway Pavement SY 320 $3.00 $960.00 2104.521 Salvage & Re-install retaining wall LF 30 $25.00 $750.00 2104.602 Relocate Sprinkler Head EA 10 $100.00 $1,000.00 2105.501 Common Excavation (P) CY 450 $18.00 $8,100.00 2105.526 Select Topsoil Borrow (LV) CY 120 $27.00 $3,240.00 2211.501 6" Aggregate Base, Cl. 5 (100% Crushed) TON 175 $20.00 $3,500.00 2350.505 Bituminous Mixture for Roadway Patching TON 1 $90.00 $90.00 2350.503 Bituminous Mixture for Driveway Patching TON 18 $90.00 $1,620.00 2357.502 Bituminous Material for Tack Coat GAL 5 $2.00 $10.00 2506.602 Adjust Frame & Ring Casting (MH) EA 2 $450.00 $900.00 2521.501 6" Concrete Walk SY 195 $40.00 $7,800.00 2521.501 4" Concrete Walk SF 4700 $3.50 $16,450.00 2521.501 4" Concrete Ped Ramp w/ Wet Cast for SF 50 $4.00 $200.00 Truncated Dome Inset 2521.602 Truncated Dome Detectable Warning Paver SF 8 $40.00 $320.00 2531.501 Concrete Curb and Gutter, D412 LF 15 $14.00 $210.00 2563.601 Traffic Control LS 1 $1,500.00 $1,500.00 2575.505 Compost, Grade 1 TON 220 $20.00 $4,400.00 2575.505 Sodding, Type Lawn (Highland) SY 1,050 $5.00 $5,250.00 Subtotal $60,375.00 (+5%) Contingencies $3,018.75 Subtotal $63,393.75 (+30%) Indirect Costs $19,018.13 Total Part I - Project 1005 Daniel Drive Trail (Segment 1- Sidewalk Construction) $82,411.88 119q, Item No. Item Unit Qty. Unit Price Total Price Part II - Project 1005 - Daniel Drive Trail (Segment 1- Sidewalk Construction with Roadway Narrowing) 2021.501 Mobilization I5 1 $4,000.00 $4,000.00 2104.501 Remove Concrete Curb and Gutter LF 1,000 $3.50 $3,500.00 2104.501 Remove Pipe Sewers LF 10 $5.00 $50.00 2104.505 Remove Bituminous Pavement SY 1,200 $3.50 $4,200.00 2104.505 Remove Bituminous Driveway Pavement SY 160 $3.00 $480.00 2104.513 Sawing Bit Pavement (Full Depth) LF 1,100 $2.00 $2,200.00 2104.523 Salvage & Re-install Catch Basin & Casting (2x3) EA 1 $3,000.00 $3,000.00 2104.523 Salvage top slab & casting EA 2 $500.00 $1,000.00 2104.602 Relocate Sprinkler Head EA 10 $100.00 $1,000.00 2540.601 Relocate Mailbox EA 8 $200.00 $1,600.00 2105.501 Common Excavation (P) CY 100 $18.00 $1,800.00 2105.522 Granular Borrow CY 125 $25.00 $3,125.00 2105.526 Select Topsoil Borrow (LV) CY 90 $27.00 $2,430.00 2211.501 6" Aggregate Base, CI.5 (100% Crushed) TON 175 $20.00 $3,500.00 2350.505 Bituminous Mixture for Roadway Patching TON 50 $90.00 $4,500.00 2350.503 Bituminous Mixture for Driveway Patching (2") TON 11 $90.00 $990.00 2357.502 Bituminous Material for Tack Coat GAL 10 $2.00 $20.00 2506.521 Install Salvaged Top Slab & Casting EA 2 $500.00 $1,000.00 2506.602 F & I top slab (58") & MH Casting (R1642B) EA 2 $1,500.00 $3,000.00 2506.602 Adjust Frame & Ring Casting (MH) EA 1 $450.00 $450.00 2506.602 Construct 4' Dia. Catch Basin Manhole over Ex. RCP (SP-230 CC) LF 2 $2,000.00 $4,000.00 2521.501 6" Concrete Walk SY 195 $40.00 $7,800.00 2521.501 4" Concrete Walk SF 4700 $3.50 $16,450.00 2521.501 4" Concrete Ped Ramp w/ Wet Cast for SF 50 $4.00 $200.00 Truncated Dome Inset 2521.602 Truncated Dome Detectable Warning Paver SF 8 $40.00 $320.00 2531.501 Concrete Curb and Gutter, D412 LF 1,100 $14.00 $15,400.00 2563.601 Traffic Control L5 1 $1,500.00 $1,500.00 2575.505 Compost, Grade 1 TON 165 $20.00 $3,300.00 2575.505 Sodding, Type Lawn (Highland) SY 1,050 $5.00 $5,250.00 Subtotal $96,065.00 (+5%) Contingencies $4,803.25 Subtotal $100,868.25 (+30%) Indirect Costs $30,260.48 Total Part 11- Project 1005 Daniel Drive Trail (Segment 1- Sidewalk Construction with Roadway Narrowing) $131,128.73 14c Item No. Item Unit Qty. Unit Price Total Price Part III - Project 1005 - Daniel Drive Trail (Segment 2- Sidewalk Construction) 2021.501 Mobilization LS 1 $4,000.00 $4,000.00 2101.502 Clearing TREE 9 $50.00 $450.00 2101.502 Grubbing TREE 9 $50.00 $450.00 2104.501 Remove Concrete Curb and Gutter LF 50 $5.00 $250.00 2104.505 Remove Bituminous Driveway Pavement SY 90 $3.00 $270.00 2104.505 Remove Concrete Driveway Pavement SF 270 $4.00 $1,080.00 2104.521 Salvage & Re-install wood fence LF 80 $25.00 $2,000.00 2104.602 Relocate Sprinkler Head EA 10 $100.00 $1,000.00 2105.501 Common Excavation (P) CY 250 $18.00 $4,500.00 2105.526 Select Topsoil Borrow (LV) CY 80 $27.00 $2,160.00 2211.501 6" Aggregate Base, Cl. 5 (100% Crushed) TON 135 $20.00 $2,700.00 2350.505 Bituminous Mixture for Roadway Patching TON 2.5 $90.00 $225.00 2350.503 Bituminous Mixture for Driveway Patching TON 4 $90.00 $360.00 2357.502 Bituminous Material for Tack Coat GAL 5 $2.00 $10.00 2521.501 6" Concrete Walk SY 100 $40.00. $4,000.00 2521.501 4" Concrete Walk SF 3900 $3.50 $13,650.00 2521.501 4" Concrete Ped Ramp w/ Wet Cast for SF 150 $4.00 $600.00 Truncated Dome Inset 2521.602 Truncated Dome Detectable Warning Paver SF 24 $40.00 $960.00 2531.501 Concrete Curb and Gutter, D412 LF 50 $14.00 $700.00 2563.601 Traffic Control LS 1 $1,500.00 $1,500.00 2575.505 Compost, Grade 1 TON 150 $20.00 $3,000.00 2575.505 Sodding, Type Lawn (Highland) SY 750 $5.00 $3,750.00 Subtotal $47,615.00 (+5%) Contingencies $2,380.75 Subtotal $49,995.75 (+30%) Indirect Costs $14,998.73 Total Part III - Project 1005 Daniel Drive Trail (Segment 2- Sidewalk Construction) $64,994.48 l_ Item No. Item Unit Qty. Unit Price Total Price Part IV - Project 1005 - Daniel Drive Trail (Segment 2- Sidewalk Construction with Roadway Narrowing) 2021.501 Mobilization LS 1 $4,000.00 $4,000.00 2104.501 Remove Concrete Curb and Gutter LF 800 $3.50 $2,800.00 2104.501 Remove Pipe Sewers LF 15 $5.00 $75.00 2104.505 Remove Bituminous Pavement SY 890 $3.50 $3,115.00 2104.505 Remove Bituminous Driveway Pavement SY 45 $3.00 $135.00 2104.505 Remove Concrete Driveway Pavement SF 135 $4.00 $540.00 2104.513 Sawing Bit Pavement (Full Depth) LF 850 $2.00 $1,700.00 2104.523 Salvage & Re-install Catch Basin & Casting (2x3) EA 2 $3,000.00 $6,000.00 2104.523 Salvage top slab & casting EA 1 $500.00 $500.00 2104.602 Relocate Sprinkler Head EA 10 $100.00 $1,000.00 2540.601 Relocate Mailbox EA 4 $200.00 $800.00 2105.501 Common Excavation (P) CY 80 $18.00 $1,440.00 2105.522 Granular Borrow CY 90 $25.00 $2,250.00 2105.526 Select Topsoil Borrow (LV) CY 90 $27.00 $2,430.00 2211.501 6" Aggregate Base, Cl. 5 (100% Crushed) TON 135 $20.00 $2,700.00 2350.505 Bituminous Mixture for Roadway Patching TON 40 $90.00 $3,600.00 2350.503 Bituminous Mixture for Driveway Patching (2") TON 4 $90.00 $360.00 2357.502 Bituminous Material for Tack Coat GAL 7 $2.00 $14.00 2503.541 15" RC Pipe Sewer Design 3006 Class V LF 15 $30.00 $450.00 2503.602 Connect to Existing Storm Sewer EA 1 $800.00 $800.00 2506.521 Install Salvaged Top Slab & Casting EA 1 $500.00 $500.00 2506.602 F & I top slab (58") & MH Casting (R1642B) EA 1 $1,500.00 $1,500.00 2506.602 Construct 4' Dia. Catch Basin Manhole over Ex. RCP (SP-230 CC) LF 1 $2,000.00 $2,000.00 2521.501 6" Concrete Walk SY 100 $40.00 $4,000.00 2521.501 4" Concrete Walk SF 3900 $3.50 $13,650.00 2521.501 4" Concrete Ped Ramp w/ Wet Cast for SF 150 $4.00 $600.00 Truncated Dome Inset 2521.602 Truncated Dome Detectable Warning Paver SF 24 $40.00 $960.00 2531.501 Concrete Curb and Gutter, D412 LF 900 $14.00 $12,600.00 2563.601 Traffic Control LS 1 $1,500.00 $1,500.00 2575.505 Compost, Grade 1 TON 160 $20.00 $3,200.00 2575.505 Sodding, Type Lawn (Highland) SY 750 $5.00 $3,750.00 Subtotal $78,969.00 (+5%) Contingencies $3,948.45 Subtotal $82,917.45 (+30%) Indirect Costs $24,875.24 Total Part IV - Project 1005 Daniel Drive Trail (Segment 2- Sidewalk Construction with Roadway Narrowing) $107,792.69 11 L11 Item No. Item Unit Qty. Unit Price Total Price Part V - Project 1005 - Daniel Drive Trail (Segment 3- Sidewalk Construction) 2021.501 Mobilization LS 1 $4,000.00 $4,000.00 2101.502 Clearing TREE 1 $50.00 $50.00 2101.502 Grubbing TREE 1 $50.00 $50.00 2104.501 Remove Concrete Curb and Gutter LF 30 $5.00 $150.00 2104.505 Remove Bituminous Driveway Pavement SY 260 $3.00 $780.00 2104.505 Remove Concrete Driveway Pavement SF 290 $4.00 $1,160.00 2104.602 Relocate Sprinkler Head EA 10 $100.00 $1,000.00 2105.501 Common Excavation (P) CY 370 $18.00 $6,660.00 2105.526 Select Topsoil Borrow (LV) CY 110 $27.00 $2,970.00 2211.501 6" Aggregate Base, CI.5 (100% Crushed) TON 195 $20.00 $3,900.00 2350.505 Bituminous Mixture for Roadway Patching TON 1 $90.00 $90.00 2350.503 Bituminous Mixture for Driveway Patching TON 7 $90.00 $630.00 2357.502 Bituminous Material for Tack Coat GAL 1 $2.00 $2.00 2506.602 Adjust Frame & Ring Casting (MH) EA 4 $450.00 $1,800.00 2521.501 6" Concrete Walk SY 220 $40.00 $8,800.00 2521.501 4" Concrete Walk SF 5350 $3.50 $18,725.00 2521.501 4" Concrete Ped Ramp w/ Wet Cast for SF 100 $4.00 $400.00 Truncated Dome Inset 2521.602 Truncated Dome Detectable Warning Paver SF 16 $40.00 $640.00 2531.501 Concrete Curb and Gutter, D412 LF 30 $14.00 $420.00 2563.601 Traffic Control LS 1 $1,500.00 $1,500.00 2575.505 Compost, Grade 1 TON 150 $20.00 $3,000.00 2575.505 Sodding, Type Lawn (Highland) SY 1,000 $5.00 $5,000.00 Subtotal $61,727.00 (+5%) Contingencies $3,086.35 Subtotal $64,813.35 (+30%) Indirect Costs $19,444.01 Total Part V - Project 1005 Daniel Drive Trail (Segment 3- Sidewalk Construction) $84,257.36 YL Item No. Item Unit City. Unit Price Total Price Part VI - Project 1005 - Daniel Drive Trail (Segment 3- Sidwalk Construction with Roadway Narrowing) 2021.501 Mobilization LS 1 $4,000.00 $4,000.00 2104.501 Remove Concrete Curb and Gutter LF 1,100 $3.50 $3,850.00 2104.505 Remove Bituminous Pavement SY 1,250 $3.50 $4,375.00 2104.505 Remove Bituminous Driveway Pavement SY 80 $3.00 $240.00 2104.505 Remove Concrete Driveway Pavement SF 90 $4.00 $360.00 2104.513 Sawing Bit Pavement (Full Depth) LF 1,200 $2.00 $2,400.00 2104.602 Relocate Sprinkler Head EA 10 $100.00 $1,000.00 2540.601 Relocate Mailbox EA 4 $200.00 $800.00 2105.501 Common Excavation (P) CY 120 $18.00 $2,160.00 2105.522 Granular Borrow CY 90 $25.00 $2,250.00 2105.526 Select Topsoil Borrow (LV) CY 125 $27.00 $3,375.00 2211.501 6" Aggregate Base, Cl. 5 (100% Crushed) TON 195 $20.00 $3,900.00 2350.505 Bituminous Mixture for Roadway Patching TON 50 $90.00 $4,500.00 2350.503 Bituminous Mixture for Driveway Patching TON 11 $90.00 $990.00 2357.502 Bituminous Material for Tack Coat GAL 10 $2.00 $20.00 2506.602 Adjust Frame & Ring Casting (MH) EA 2 $450.00 $900.00 2521.501 6" Concrete Walk SY 220 $40.00 $8,800.00 2521.501 4" Concrete Walk SF 5350 $3.50 $18,725.00 2521.501 4" Concrete Ped Ramp w/ Wet Cast for SF 100 $4.00 $400.00 Truncated Dome Inset 2521.602 Truncated Dome Detectable Warning Paver SF 16 $40.00 $640.00 2531.501 Concrete Curb and Gutter, D412 LF 1,200 $14.00 $16,800.00 2563.601 Traffic Control LS 1 $1,500.00 $1,500.00 2575.505 Compost, Grade 1 TON 225 $20.00 $4,500.00 2575.505 Sodding, Type Lawn (Highland) SY 1,000 $5.00 $5,000.00 Subtotal $91,485.00 (+5%) Contingencies $4,574.25 Subtotal $96,059.25 (+30%) Indirect Costs $28,817.78 Total Part VI - Project 1005 Daniel Drive Trail (Segment 3- Sidwalk Construction with Roadway Narrowing) $124,877.03 1 ~-J BRKW APPRAISALS, INC. REAL ESTATE VALUATION SERVICES I 20, March 30, 2009 Robert B: Bauer Severson, Sheldon, Dougherty & Molenda, P.A. 7300 W. 147th Street, Suite 600 Apple Valley, Minnesota 55124 RE: Proposed Narrowing of Daniel Drive, South of Diffley Road, Eagan, MN Opinion Regarding Property Value Benefits Dear Mr. Bauer: In response to your request, I have made a preliminary analysis and formed an opinion of whether there would be any material value benefit to homes in the vicinity of Daniel Drive, south of Diffley Road, in the City of Eagan, as a result of Daniel Drive being narrowed. Based on a discussion with Tim Plath, the City Transportation Engineer, my understanding is that the city is considering narrowing Daniel Drive on one side, in the area between Diffley Road and the easternmost section of Braddock Trail, where it intersects with Daniel Drive. The action under consideration would essentially remove the six-foot-wide shoulder on one side of the street and reconstruct the curb at the immediate edge of the driving lane on that side. The rest of the street would remain unchanged, meaning the opposite side would still have a striped lane edge and a six-foot-wide shoulder. There would be no shift in the centerline or the path of the existing lanes. The questions posed to me regarding this proposed project were: 1) Would homes adjoining and having direct access to Daniel Drive receive a value benefit if the street was narrowed on their side? 2) Would homes adjoining but not having direct access to Daniel Drive receive a value benefit if the street was narrowed on their side? 3) Would homes adjoining and having direct access to Daniel Drive receive a value benefit if the street was narrowed on the opposite side? and 4) Would homes adjoining but not having direct access to Daniel Drive receive a value benefit if the street was narrowed on the opposite side? SPRUCE TREE CENTRE SUITE 314 1 600 UNIVERSITY AVE ST PAUL MN 55104 651.646.6114 FAX 651.646.8086 brkw@brkw.com Robert B. Bauer Proposed Narrowing of Daniel Drive, South of Diffley Road, Eagan, MN March 30, 2009 Page 2 Based on my analysis of the proposed project and my experience as a real estate appraiser who has completed numerous special benefit appraisals, it is my opinion that the narrowing of Daniel Drive as proposed would result in no material or measurable value benefit to the homes in the vicinity of this street. This conclusion applies to homes on both sides of the street, with or without direct access to it. Please contact me if you have any questions pertaining to my analysis and opinion. Thank you. Sincerely, B W APPRAISALS, INC. aul J. G1 son Vice President F- 0 YANKEE DOODLE ROAD Z 2~ U V z F- ` ti~L IJ~J ° w P~2m 4 WESCOTT ROAD W ¦ CITY HALL - HALL DIR ~ ~O QO Project Location o DIFFLEY ROAD 07 OR $ -r. o I• w w~~oenncss WILDERNESS M co RON R : It l Y Jam' Z ~ v Q' ~ O CLIFF ROAD oa 0 J4JTjS P, G:\Project & Contract Information\1005 Daniel Dr SW\Feasibilty Report\Locotion Plan 07/15/09 Daniel Drive Sidewalk Improvements City of I n Figure 1 Engineering Department Location Map - Project 1005 i ~D L-t i 4233 = PETITIONERS X90 NORTH O 00~ DIFFLEY ROAD (CSAH 30) n o 0 4213 OUTLOT A r I Q LEXINGTON MEADOWS 4217 Q5~ ^5z cn` BRADDOCK 4221 4225 ~Q t , /vJ 1 1 Q IQ Q 4229 4233 4237 4241 ~ Q O Q 422 422 44 / ` 921 Q Q 00 920 4417 Q 4240 4244 j 929Q ? Q //Q 928 4258 4262 830 4 4266 Q Q? V 4270 4274 4Q- Q 4278 829 4282 (~''L~ LJ 4286 4289 O QC E2 0 ? Q 4290 4301 LC D 0 ° g~ppOC o aQ QdE~J fEY1) 0 0 Q L CFx~~C~O o o m ~ O f o R~~1PS n t r t i ~ 0 r-1 7/24/09 Daniel Drive Sidewalk Improvements City of ~a aIl Figure 2 Petitioners Map - Project 1005 Engineering Department I xxxx VPD/ = 2008 DIFFLEY ROAD xxxx VPD = 2009 VPD = VEHICLES PER DAY NORTH BRADDOCK Tq_ TRILLIUM CT. 1190 VPD! MAC; 1300 VPD ORI~F F- PATRICK ROAD CONEFLOWER CT. GJ~ K Q 0 800 VPDI 790 VPD/ $ 890 VPD 61 WILDFLOWER CT. co gRpsODOCK LEXINGTON AAF p W WALNUT RIDGE DR. m Py 3 N~ ~ PPR~ U U U T~ 0 F U y W -A X Q ' OL N 0 W J O Q CI = JEFFERSON LANE m ~y E F 0 Daniel Drive Sidewalk Improvements ''City of Eall Project 1005 Figure 3 Engineering Department Daily Volume DIFFLEY ROAD I xx.x MPH/ = 2008 xx.x MPH = 2009 POSTED SPEED = 30 MPH BRADDOCK NORTH 3 TRILLIUM CT. 3 3g~ ti/p~ly/ MACL.n -6MAti o OR1~F F 4 r PATRICK ROAD CONEFLOWER CT. GJ~ rrn W ~y X J~ 0 882 0 a4 g 2~pyhr Z WILDFLOWER CT. 3S .I ~qp~ BRp0poc LEXINGTON WALNUT RDG. ~ PPR U U 5 U F U N U 02 W Z W k 0 J 0 Q Q 2 JEFFERSON LANE 1 I K L J L HAMILTON DR. w U 2 Daniel Drive Sidewalk Improvements E My of EOQau Project 1005 Figure 4 Engineering Department 85th Percentile Speed DIFFLEY ROAD OUTLOT 4213 LEXINGT 4 2 1 1 _ j \ f BRADDOC f' J 17 f r l NORTH 4221145 SEGMENT #1 ! , ' f f 4229 • r 1 ~ i J - _ _ • 4233/ 4220 • • / 42371 4224 * • 4 / 4241 ! Y r i j LL 422 • • 921 SEGMENT #2 441•' • olgnJ/^ 920 u- /4240 ! • MACLAREN C I ' PLACE 1 4244,1 929 LIJ 928 J 4262 /42 6 270:., 4274 ~r C t 4278 42a/ar SEGMENT #3 1 1 ! l "'^"i . 4291] f 1 \ I i 4301 CC / ~ Jt j Z ~ ~ ~ t Daniel Drive Sidewalk Improvements City of Eaall Project 1005 Figure 5 Engineering Department Segment Locations } Z J LL O W f! W U af 35' 22 6' SIDEWALK 1' TYP. 70 Ft. Right-of-Way } W z J 0 W Z W U 40' 22' 8' .01 6' SIDEWALK 4' TYP. 11,125 llT T i _ 80 Ft. Right-of-Way Daniel Drive Sidewalk Improvements City of Eakan Project 1005 Figure 6 Engineering Department Sidewalk Construction Typical Section DIFFLEY ROAD OUTLOT A R4 A ~F wa , ie~ e f 4^ i N F 't'E t ~ J + t M. a A II ~ 1 t f ~ d 1 ,yE.` v>ro 1 s~ _r, r~. it ~f...a. '^c J ~I}~f h10f~BfF3 --ti 4+ PROPOSED G' I"°' + ar " y S1DEVVALK a A,~ N:7~14 PROPOSED' +r UBOULEVARD ' ttµ 3 K{M M f `c v r~A f ~ f 1 l `r k i } Daniel Drive Sidewalk Improvements - Project 1005 City Of EeQi<a Figure 7A Engineering Department Sidewalk Construction - (Segment 1) DIFFLEY ROAD liv. A WIT ',12 JQ Diffl f:l rr;ef~l c sY r ~ t \ x '.4 H. .iii x fJ 2F yy 1 XJ / S 'n \l k r }A~ -2`I' 71 MOW, 1, 4l PROPOSED 4241 /c4BouLEvARDt. PROPOSED 6' R/~ SIDEVVi LK PROPO SED w 6 BOULEVAPD~ W, 77 le. K}r if 1 41 Daniel Drive Sidewalk Improvements - Project 1005 Figure 7B Depmnt Sidewalk Construction - (Segment 2) Engineering Department City i / yY b. ~ 7-7 _e "I PROPOSED 74 6-8' BOULEVARD 41 447 IV a. 829 Y~. ~ r, PPOPOSED t ' SIDEIJALI\ ew, r4 Daniel Drive Sidewalk Improvements - Project 1005 Figure 7C Engineering ngty DeepEaQ~partment Sidewalk Construction - (Segment 3) 1'.R,,,. . ,~Rw. std:` ».1.: V iiiiiiiiijill "Al t IZ:: t SyTq yJ PROPOSED G -3' BOULEVARDa AI 4 ~ .d1 ~~I4 x jJc j?f! 35~ W r ~ , a~i1 3 x^t t 427P " ~ ^,PROPOSED 6' ! r SIDEVALK k 7° ; it t:, / _~~ir \ ' dl ` ~~.U y[pL'~~'- pp R NORTH Scale: 1" 100' X Ail- Daniel Drive Sidewalk Improvements - Project 1005 Figure 7D Engineering Department DepEa~~artment Sidewalk Construction - (Segment 3) EXISTING CURB AND GUTTER BOULEVARDf RECONSTRUCTED DRIVEWAY VARIES (6'-8') (MATCH EXIST. BIT. OR CONC.) . PRRI VATE LIMITS VARY VARIES PROPERTY LINE - - - - - - ( PROPOSED 6' DRIVEWAY CONCRETE WALK Sidewalk Construction Only PROPOSED CURB AND GUTTER RECONSTRUCTED DRIVEWAY 8' BOULEVARD (MATCH EXIST. BIT. OR CONC. :::.RiAT DRIVEWAY PROPOSED 6' LIMITS VARY VARIES CONCRETE WALK (MATCH EXIST. (7'-12') :BIT. OR CONC.) PROPERTY LINE - Roadway Narrowing with Sidewalk Construction E400 Daniel Drive Sidewalk Improvements City of Eakan Project 1005 Figure 8 Engineering Department Driveway Reconstruction Detail (AU } W Z 0 J 0 W _ Z C9 W U 35' 7' 6' 8' 14' SIDEWALK J NORTHBOUND I I IF~IF~I ~ - ielq _ __r--- II-Teri EX. CURB & GUTTER (NP) PRO Segment 1 & GUTTER (NP) CURB W Z o W Z O w U ~ 35' 14' 8' 6' 7' SIDEWALK SOUTHBOUND ir-7i~ III EX. CURB & GUTTER (NP) PROPOSED CURB 2 & 3 & GUTTER (NP) Segments 70 Ft. Right-of-Way SOUTHBOUND W 0 J W H T Z C7 W O U 40' 12' 6' 8' 14' SIDEWALK SOUTHBOUND 1 Ibl I~I~ - ~~I I EX. CURB & GUTTER (NP) PROPOSED Segments 2 & 3 & GUTTER (NP) CURB 80 Ft. Right-of-Way Daniel Drive Sidewalk Improvements 06 City of Eanan Project 1005 Figure 9 Roadway Narrowing Typical Section Engineering Department DIFFLEY ROAD OUTLOT A k:,n. 4 V~;' Yp A S wm ?t3 I I b. c~' r * 3"'i'iri. 4LN'~5 w.. tf 1 r r Uffl( Idfk0II 19 afa r ' ' PROPSED u' `~a a? SIDEWALK ' CIF PROPOSED 2 BOULEVARD f gal Hwy ACK OF ~aVAL y PROPOSED CUP, B u GUTTER as Arl Daniel Drive Sidewalk Improvements - Project 1005 Figure 10A n Roadway Narrowing - (Segment 1) Engineering Department DIFFLEY ROAD - - 1~II - CUTL0 1u^~ !I xa+i w+^'a a~x ~ s mr'..t jk ~ a ,rY ti, ° rr ~I all 1 `tAa Y Qq ,~~?.u. ~L 1 1 Dime rG r 5 ,r { f a~. PROPOSED 8' BOULEVARD PROPOSED CURB & GUTTER PROPOSED G' O( s S DEWALK ~ J~ ~I PPOPCSED / % L'' EOULE\ ARD J , 11~~. 71 J / I ~ I PROPOSED 6 S1CE;'VALK r 12' BACK OF WALK TO ROW Daniel Drive Sidewalk Improvements - Project 1005 Figure 10B Engineerinng Department DeppoEaQ~artment Roadway Narrowing - (Segment 2) --te- ~q20 r '3k ~n I nfm '7 ft~^ try b6b PROPOSED BOULEVARD PROPOSED N U ( CURB d CUTTER a PPOPOSED/ f w~ n od DEWALK 2 74 ZPti F .ALK ~ 7 TO NORTH cafe' 1" Daniel Drive Sidewalk Improvements - Project 1005 CilyOiEaQaa Figure roc Engineering Department Roadway Narrowing - (Segment 3) 0. .er ; +ws a sw PROPOSED.' c. Q'BOULEVARD 14 IjIYI ~ ' \ 4 -"W 830 PROPOSED m rk r SIDEWALI x,~ largo , 70 42PROF0 CURB S GUTTER a ari /y FtiCI<OFtv4 LK', TO RU,%/ r Z~ aI', NORTH 0 Scale: 1, L 21 Daniel Drive Sidewalk Improvements - Project 1005 City O~BflQaIl Figure 10D Engineering Department Roadway Narrowing - (Segment 3) DIFFLEY ROAD 12 - 4213 ® OUTLOT A 4217,-l,,, RADD08 1 /422 422® S F EGMENT #1 NORTH 4229 422 J 42331 _ o 46 ©/4224 4237 4241 1 w.._ j, 921 442 112 92° 441Z SEGMENT #2 ~ aza°, 11z s2s MACLAREN PLACE /4244 928 112 4258 I /4262/ ©j i 4266 a270/ JQ~ ©,7 l 4274 M 4 2 7 8 , / SEGMENT 282 42 O tc f ~ / 1 t ©f 4290 r I t t \ 1/2 lS co 4301 ....._1 DOG BRPD O~ l~ ASSESSMENT LEGEND Full Lot Equivilent 0 ! r I 112 Lot Equivilent Daniel Drive Sidewalk Improvements Cityof~8Q8ll Project 1005 Figure 11 Engineering Department Assessment Map Agenda Information Memo September 1, 2009, Eagan City Council Meeting VII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENTS - CUB FOODS ACTIONS TO BE CONSIDERED: To Approve Planned Development Amendments to allow: ? Outdoor storage of shopping carts for property located at 1020 Diffley Road, legally described as Lot 1, Block 1, Diffley Marketplace 2d Addition, subject to the conditions listed in the APC minutes. ? Outside display of seasonal goods and salt for property located at 1020 Diffley Road, legally described as Lot 1, Block 1, Diffley Marketplace 2nd Addition, subject to the conditions listed in the APC minutes. ? Construction of screen walls in the service area and at the front of the building, for property located at 1020 Diffley Road, legally described as Lot 1, Block 1, Diffley Marketplace 2°d Addition, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ? The approximately 43,000 sq. ft. grocery store is part of the Diffley Marketplace Planned Development, which was approved in 2007. The Cub store opened in November 2008. ? Cub is requesting PD Amendments to permit outdoor storage of shopping carts, ? outside displays of seasonal goods and salt, and the construction of screen walls in the rear service area (propane and grease dumpster) and at the front of the building (employee smoking area) ? Shopping carts are to be stored behind a new screen wall adjacent to the front of the building. ? Outside displays consist of seasonal goods in a 9' x 29' area north of the main entrance and salt in an 8' x 27' area south of the main exit. Removable black bollards would be installed to delineate the front boundary of both display areas. ? New screen walls in the rear service area to screen the grease dumpster and propane cage, and in the front of the building to create a screened employee smoking area. ? The proposal does not interfere with pedestrian or vehicular movement. ? Advisory Planning Commission held a public hearing on August 25, 2009 and is recommending approval of the requests. 60-DAY AGENCY ACTION DEADLINE: September 13, 2009 ATTACHMENTS (3): Location Map, pages through August 25, 2009 APC minutes, page through175 Planning Report, pages through 171 Eagan Boundary Right-of-way Location Map Park Area Area k Area Building Footprint d q oo a 4p o _ - DOoPp O~GS D f - oo" - - 1 OR t Yc]. f °r fr ar Oa p 0 0~ d P d 0 t: - o q O a f~ qF~4 0 a 6 rff - Qa j' _ o ffffo p 6 D qo a K 'i !.x^ P9+ pfd l ? O 4 2' a. Od. p 9 Q OOp Z-6 I T 'F O O q 0 w° Subject Site oo °o o c r -r, O D z,~a.. qp4 6 a 4 D C _ r. a DOQ .a ~o o { > P o 0 ? D 0 O D y O p o p p Q p S p a~ Q O vo o ° o a o f5 ° rr~ O ® K~~ ® t ~ Y~: a ti'~ O a O -r. r t ,.p, 4~` ~ ' 00 ~ ' D 9 6 p Is ( "bD? d 4 fl0 D D q p © d Q oo ~ d ~ 9 p d 07 ao 0 o d v o ~h~~~,; •o v ° a 4 1 01 zs O O a o O- ? d [d q ~~t pd Q O dD 0O O ~ 4 p. fir. ~p c~ oQ A o p o p b N q a43 O o b 4 c 9® p 6 , ` o Q o~ 00 c D 4 9 9 Q 4 n ~4. ® d ° 4 c 0 a 9 10D0 0 1000 2000 Feet Development/Developer: Cub Foods Application: PD Amendment Case No.: 26-PA-09-07-09 N THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E City of EaOai The City of Eagan and Dakota County do not guarantee the accuracy of this information and are 6 not responsible for errors or omissions. S r...........xv Develnensent Demrtment / - Advisory Planning Commission August 25, 2009 Page 2 of 10 IV. PUBLIC HEARINGS A. Cub Foods Applicant Name: Eagan 2008 L.L.C. Location: 1020 Diffley Road; Lot 1, Block 1, Diffley Marketplace Second Addition Application: Planned Development Amendment A Planned Development Amendment to allow seasonal outdoor sales, screening of employee smoking area, grease dumpsters/propane carts and outdoor shopping cart storage. File Number: 26-PA-09-07-09 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated August 19, 2009. She noted the background and history. Chair Chavez opened the public hearing. Tom Kukulski, 997 Trillium Court, stated shopping carts have been stored outside since the store has been open. He stated concern that the neighborhood grocery store is getting larger and activity more intense. He asked if the smoking wall was for the benefit of the customers or the neighbors and asked why it is being constructed in the front of the store. Paul Danner, 1004 Coneflower Court, stated concern with the shopping carts and asked if the screen wall is built, will the shopping carts be locked up, keeping them out of the neighborhood. There being no further public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. Applicants Anne Thies and Scott Lichtenberg stated the smoking wall is proposed so that the employees are not smoking in front of children on the property. He explained that it is proposed for the front of the store by the salt in order to keep employees safe from the traffic and for employee monitoring. It was explained that the back door is kept locked for security which would make it hard for employees to access the area in the back. He stated it is the intent for the shopping carts to be inside; however, with the increasing use of carts during the upcoming holiday season, more carts will be brought to the store that are currently being stored at a Burnsville store and in an off-premise semi trailer. It was explained that the wall to screen carts is enclosed on the south side, so the neighbors will not have a view of the carts. Member Dugan stated he has a business relationship with the applicant; however the applicant has not contacted him regarding the issue, therefore he will not be abstaining. Member Keeley stated the construction of a cart area along with the construction of a wall to screen employee smoking are improvements to the property. She stated the outdoor, seasonal storage does not seem excessive and she will support all three motions. Member Daley stated concern with the amount of seasonal display and asked what the reason was for allowing the applicant to exceed the amount of allowable display area. Chair Chavez stated concern with the precedent that could be set by allowing the additional seasonal display. 113 Advisory Planning Commission August 25, 2009 Page 3 of 10 There was discussion of other businesses that were allowed additional seasonal area and the justification determined by the scale of the buildings in question. Member Supina stated concern for the amount of seasonal display, however because it seems it is normal for this size of a store to have that amount of outside display, he will support. Member Keeley moved, Member Heaney seconded a motion to recommend approval of a Planned Development Amendment to allow a seasonal outdoor display area on property located at 1020 Diffley Road, legally described as Lot 1, Block 1, Diffley Marketplace 2nd Addition, in the NW' of Section 26, subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. The applicant shall provide decorative bollards which will identify the display area. 3. The seasonal sales shall be allowed in the area as depicted on the Site Plan dated July 13, 2009. 4. All signage must meet City Code requirements. 5. The site shall be kept in a neat and orderly manner and the display of items shall not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. 6. The applicant shall continue the current practices of dimming exterior site lighting and turning off illuminated signs during non-operational hours, provided it does not compromise safety and security of the site. A vote was taken. All voted in favor. Motion carried: 7-0. Member Piper abstained from voting on the motion. Member Keeley moved, Member Filipi seconded a motion to recommend approval of a Planned Development Amendment for outdoor storage of shopping carts on property located at 1020 Diffley Road, legally described as Lot 1, Block 1, Diffley Marketplace 2nd Addition, in the NW of Section 26, subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. Only outdoor storage of shopping carts shall be allowed per the Site Plan dated July 13, 2009. 3. The enclosure shall be made of materials to match the principal structure. 4. The applicant shall obtain a building permit for the construction of the masonry screen wall. A vote was taken. All voted in favor. Motion carried: 7-0. Member Piper abstained from voting on the motion. Member Keeley moved, Member Filipi seconded a motion to recommend approval of a Planned Development Amendment to allow the construction of screen walls in the service area and at the front of the building on property located at 1020 Diffley Road, legally described as Lot 1, Block 1, Diffley marketplace 2nd Addition, in the NW' of Section 26, subject to the following conditions: 174 Advisory Planning Commission August 25, 2009 Page 4 of 10 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. The screen walls shall be located per the Site Plan dated July 13, 2009. 3. The screen wall in the rear service area for the grease dumpster and propane cage shall be at least 5' in height. 4. The screen walls shall be constructed of materials to match the principal structure. 5. The applicant shall obtain a building permit, if required, for the construction of the masonry screen walls. A vote was taken. All voted in favor. Motion carried: 7-0. Member Piper abstained from voting on the motion. PLANNING REPORT CITY OF EAGAN REPORT DATE: August 19, 2009 CASE: 26-PA-09-07-09 APPLICANT: Supervalu Holdings, Inc. HEARING DATE: August 25, 2009 PROPERTY OWNER: Diffley Ventures, LLC APPLICATION DATE: July 15, 2009 REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: 1020 Diffley Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow outdoor storage of shopping carts, outside display of seasonal goods and salt, and construction of screen walls in the service area and at the front of the building, for property located at 1020 Diffley Road, legally described as Lot 1, Block 1, Diffley Marketplace 2nd Addition, in the NW 1/4 of Section 26. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The Diffley Marketplace development was approved in 2007. The grocery building was constructed shortly after and Cub opened in November 2008. It was discovered that Cub has outside storage and display of items that is not consistent with the approved Planned Development. Cub is requesting an amendment to the PD to permit the outside storage and modifications to the building and site to provide appropriate enclosure and screening of such items. Me Planning Report - Cub Foods (Diffley Marketplace) August 25, 2009 Page 2 EXISTING CONDITIONS The 4.7-acre site is developed with an approximately 42,000 sq. ft. Cub Foods grocery store. The building is located on the west end of the Diffley Marketplace development which in addition to the subject site includes two multi-tenant retail buildings, and two vacant lots for future development. Access to the site is provided from Diffley Road, Daniel Drive, and Lexington Avenue via the adjacent property to the west. In response to neighbor concerns regarding lighting and illumination, Cub implemented operational practices shortly after opening in 2008. Cub representatives have indicated that around 12:15 a.m., shortly after business operations have been completed for the day, 60% percent of the lighting on the property goes dark. These items include the large Cub Foods sign, the Cub Pharmacy sign, the TCF Bank sign, and half the parking lot lights. Also, tinted glass was installed in the south-facing windows to minimize glare. In addition to these measures that are already in place, interior lighting at the new Cub liquor on the adjacent lot will be dimmed at 10:30 p.m. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North School PF, Public Facilities QP, Quasi-Public South Single-family residential PD, Planned Development LD, Low Density East Retail Commercial PD, Planned Development RC, Retail Commercial West Retail Commercial (Walgreen's) PD, Planned Development RC, Retail Commercial EVALUATION OF REQUEST Code Requirements - The City Zoning Code allows for seasonal outdoor display as a conditional use within the commercial zoning districts of the city, subject to the adopted standards. The City Code defines seasonal outdoor display as "means to store or exhibit outside a commercial building a representative sample of merchandise, good or inventory intended for sale, rent or lease in the normal course of the principal occupant's business." Section 11.70, subdivision 22 C.1-2 identifies performance standards for outdoor display and outdoor storage. This proposed Planned Development Amendment will be evaluated relative to these standards. Description of Proposal - Cub Foods is proposing outdoor storage of shopping carts in front of their grocery store. In addition, outside display of seasonal products and salt are proposed in front of the building. Construction of new screen walls in the service area to screen the grease dumpster and a propane tank cage, and in the front to create a screened employee smoking area are also proposed. Compatibility with Surrounding Area - The existing development is adjacent to Diffley Road and is part of a larger commercial retail area. To the north is a school, and to the south is single- family residential. 17~ Planning Report - Cub Foods (Diffley Marketplace) August 25, 2009 Page 3 Duration - Cub Foods is proposing various items displayed. Typically, there will be no seasonal items on display in the winter months of January thru early April. Salt is proposed to be displayed year around. Grading/Storm Drainage - No new pavement will be added as a result of this request. Parkin - Parking is not impacted by this proposal. Outdoor Display - Cub Foods is proposing two outside display areas in front of the store. A seasonal display area is located north of the main entrance adjacent to the building, and year around display of salt is proposed near the exit doors. The area is approximately 9' in depth and 29' in length and occupies the area from the entrance doors to the pillar, and from the pillar back to the building. According to the applicant, at various times throughout the year seasonal merchandise will include "spring flowers, hanging baskets, oversize general merchandise such as tables, chairs and umbrellas; fall perennial flowers; pumpkins, wreaths, boughs and other greenery, firewood, . pool shock, and potted trees (1-2 years old)." Four removable black bollards are proposed to define the front boundary of the seasonal display area. In addition, salt is proposed to be displayed outside adjacent to the store's exit doors. The salt is located in an alcove just south of the exit doors. Outdoor Display Standards - Additional standards apply to the evaluation of a Conditional Use Permit for Outdoor Display. The following is an evaluation of this proposal as it relates to each of those standards listed in Section 11.70, Subdivisions 22.C.l. 1. The display area shall not exceed 60 square feet. The seasonal display area is approximately 225 square feet (9' x 25'). The salt display area is approximately 216 square feet (8' x 27'). 2. The display area shall be located immediately adjacent to the principal structure and only on the side of the building which contains a main entrance. Both display areas are proposed to be located adjacent to the building on the existing concrete. Removable bollards are proposed in front of both display areas. 3. The display area shall not extend more thanPave feet out fr om the building and shall not exceed four feet in height. The displayed items are proposed to be located adjacent to the exterior of the building, however, both display areas occupy more than 5 feet of the existing J1O Planning Report - Cub Foods (Diffley Marketplace) August 25, 2009 Page 4 sidewalk. Both display areas are defined by features of the building - the seasonal display extends out to the pillars, and the salt display is contained within the alcove. The depth of the display areas is 8' for the salt display and 9' for the seasonal display. 4. The display area shall not take up required parking spaces or landscaping areas of the principal use. The display area would not impact the required parking or landscaping area. 5. The display items shall consist solely of products sold or distributed within the principal structure by the occupant thereof. The proposed display items are generally not food related. However, according to the applicant, "to remain competitive in today's market, we find it necessary to have such merchandise and goods available." 6. The sale area shall not interfere with any pedestrian or vehicular movement. The seasonal display area does allow a 6-foot sidewalk to remain between the bollards and the curb. The salt display utilizes an existing alcove in the building and does not extend onto the sidewalk area. Outdoor storage of shopping carts - Cub Foods is proposing to store 150 shopping carts outdoors. They presently have 250 carts, which are used regularly; however, the interior storage area holds only approximately 100 carts. A screen wall will be constructed in front of the building and will be constructed of concrete masonry unit to match the building. The wall will be placed at a distance of 9' from the building, and to a height of 3'8" to permit two rows of cart storage behind it. This proposal is consistent with outdoor cart storage at other retailers within the City which have constructed similar screen walls for that purpose. A 5' sidewalk will remain between the screening wall and the curb. Outdoor Storage Standards - Additional standards apply to the evaluation of a Conditional Use Permit for Outdoor Storage. The following is an evaluation of this proposal as it relates to each of those standards listed in Section 11.70, Subdivisions 22.C.2. 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (1-2) zoning districts, the enclosure may be detached from the principal building. The carts would be stored behind a 44-inch screen wall that is attached to the building and constructed of CMU to match the building. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The cart storage is [,-?q Planning Report - Cub Foods (Diffley Marketplace) August 25, 2009 Page 5 located on the side of the building containing the main entrance, and does not encroach into any required setbacks. 3. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The cart storage will be screened from view of the public right-of-way and adjacent property by a 44-inch masonry wall. The wall will be constructed to match the existing building materials. 4. The storage area shall not interfere with any pedestrian or vehicular movement. The storage area will consist of two rows of carts and a masonry wall. A 5' sidewalk will remain for pedestrian movement. 5. The storage area shall not take up required parking spaces or landscaping areas. The cart storage area would not impact the required parking or landscaping area. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The proposed storage area is already surfaced with a concrete sidewalk. Screen walls in utility area - Cub is proposing to construct new screen walls for storage of the grease dumpster and propane tank cage on the west side of the building, near the existing trash storage and service area. The propane tanks are fuel for store equipment, not for retail sales. The propane tank cage and grease dumpster must be stored outside for safety reasons, but do not fit within the existing trash storage area. The new enclosure will occupy the "v" where two existing screen walls meet in the loading and service area off the northwest corner of the building. The site plans shows that the proposed screen walls do not interfere with vehicular movement along the service drive. The screen walls are proposed to be 3'8" in height. The grease dumpster is 5' in height. City Code stipulates that trash enclosures be a minimum of 6' in height. The Fire Marshal has indicated some concern with grease and propane stored in the same area, and that in the event of a fire, visibility into that enclosure is important so firefighters can better assess the situation. The shorter screen wall height would permit needed visibility in case of such an emergency. However, in order to provide adequate screening of the grease dumpster on a daily basis, the screen walls should be at least 5' in height. Screen wall for employee smoking - Cub Foods permits employees to smoke outside the building on the sidewalk. Cub wishes to screen smoking employees from public view by constructing a two 6' high wing walls extending 4' out and at an angle from the existing pillar south of the exit doors. This represents a change to the front building facade and thus, is included in the PD Amendment request. The wing walls are proposed to be constructed with concrete masonry unit to match the building. Planning Report - Cub Foods (Diffley Marketplace) August 25, 2009 Page 6 SUMMARY/CONCLUSION The applicant is proposing outdoor display of retail goods, outdoor storage of shopping carts; and construction of new screen walls at the Cub Foods located at 1020 Diffley Road. Similar screen wall enclosures have been constructed at other retail stores elsewhere in the City. Such walls appear to provide effective enclosure and screening of shopping carts, and the wall is proposed to be architecturally integrated into the principal building. The acceptability of the outside displays, both the seasonal items and the salt, is a policy matter to be determined by City officials. The proposed outside display areas satisfy many, but not all, of the performance standards in the City Code. The proposed seasonal displays consist largely of products that are non-food related such as plants, firewood, potted trees, and tables, chairs and umbrellas. The applicant contends that it is necessary to provide such merchandise to remain competitive in today's market. The outside displays also exceed the size limits specified in the ordinance, but utilize design features of the building to define the extent of the display areas. In addition, removable bollards will be installed to visually and physically limit the depth of the display area. The proposed screen walls in the service area and at the front of the building are modifications to the principal building, and therefore, are included in this PD Amendment. The screen walls will be constructed of materials to match the principal building and do not interfere with vehicular or pedestrian movement. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow a seasonal outdoor display area on property located at 1020 Diffley Road, legally described as Lot 1, Block 1, Diffley Marketplace 2"d Addition, in the NW '/4 of Section 26. If approved, the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. The applicant shall provide decorative bollards which will identify the display area. 3. The seasonal sales shall be allowed in the area as depicted on the Site Plan dated July 13, 2009. 4. All signage must meet City Code requirements. 5. The site shall be kept in a neat and orderly manner and the display of items shall not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. ~O~ Planning Report - Cub Foods (Diffley Marketplace) August 25, 2009 Page 7 6. The applicant shall continue the current practices of dimming exterior site lighting and turning off illuminated signs during non-operational hours, provided it does not compromise safety and security of the site. To recommend approval of a Planned Development Amendment for outdoor storage of shopping carts on property located at 1020 Diffley Road, legally described as Lot 1, Block 1, Diffley Marketplace 2nd Addition, in the NW '/4 of Section 26. If approved, the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. Only outdoor storage of shopping carts shall be allowed per the Site Plan dated July 13, 2009. 3. The enclosure shall be made of materials to match the principal structure. 4. The applicant shall obtain a building permit for the construction of the masonry screen wall. To recommend approval of a Planned Development Amendment to allow the construction of screen walls in the service area and at the front of the building on property located at 1020 Diffley Road, legally described as Lot 1, Block 1, Diffley marketplace 2nd Addition, in the NW '/4 of Section 26. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. The screen walls shall be located per the Site Plan dated July 13, 2009. 3. The screen wall in the rear service area for the grease dumpster and propane cage shall be at least 5' in height. 4. The screen walls shall be constructed of materials to match the principal structure. 5. The applicant shall obtain a building permit, if required, for the construction of the masonry screen walls. 1 Eagan Boundary Right-of-way Location Map Parcel Area Park Area Building Footprint (3 Z [30 ° D oP 44 c # oo OO 4 O Q o. O tl QO i- 6 Q a o4 ~ k kd! ~ ? Q ~ d q ? r7 ~ q Q PQ O ~ D b g qrn:-~i q 4 o Q r UUU 0 t5 Q O d O q 9 D ev 0t7 p q ~ d4 O Q p a o ix ~~'F; 4 ~ b © D 4 6 q t g DO o 0 0 o a Subject Site o0 0 a o Q p o Q ° ~a't~r; 4fl o a C c ,~~1 DO O P4 6 d q D o r b 90 0 ! P ? a v 0 fl fl o d =1nnn O 0 qO O V 000 p <1 5 0 ~ ~ c~ 0 a•ooo o ago 0 ,1, ~ gYy, - ~ 0 Q fl D p 0 q aq ? a < o o ° o 4 m Q Im"O ` ~ 6 a o p m ".doo n 4 0 ~ s~ ~ op o Op fl doo D D D O r"s7'~iXt"i` -,r O O p0 O ?o O a 13 p :4 0© 0 Q 4 6 p D p p e ~ n. ? - a J/ ~ o o- Cb°° ° 4 0 o- a la>,' dodo oa o?IS oao0 q 0 8 O .Q Op0u` A' O a ~ a b ~ t3 c3 6 b r. ' . > fl 9 0 0 s .z~~ . C~ O 9 ~7 a p , 00 0° q D '0 o 0 0 O 0 t7 D 6 ® _ d ° ° II I II f0 Cf 1000 0 1000 2000 Feet Development/Developer: Cub Foods Application: PD Amendment Case No.: 26-PA-09-07-09 S- N City of E~~IlIl THIS MAP IS INTENDED FOR REFERENCE USE ONLY E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. S Community Development Department Current Zoning and Comprehensive Guide Plan Land Use Map Cub Foods - Diffley Marketplace Planned Development Amendmen 26-PA-09-07-0 il Q je* r { Zoning Map -PD PF Location e Current Zoning: PD po o Planned Development a ° P ~ e 1? E9 P PD fl a 0 ® Q Ch 13. 600 0 600 1200 Feet fg 53 P 13 d Comprehensive Guide Plan Land Use Map < qP op Location q L c - P -A fl f m Current Land Use Designation: 2 e v ~ p ~ Vo ® °ewq RC p Retail Commercial ® E d as 4 p °0® q d 13 g a a !D 4 P p qq 9 P' 9 R 600 0 600 1200 Feet ii 4 d Q (3 a ~b 0, N Pam / e map information provided by Dakota County Land Survey DeparlmeM Decmber 2005. Zoning Information maintained by City Staff. City of Eapn W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. S A"i i { 3 nF 7C Ir so rW 1,0 { r y g~ O 8 O D o- a P d , , , 0 , , ? 4 , , t C= C=~ J N E o ? 4 8 , n [ a ~ ~ ° o > ~ h a 4 , CUB FOODS 'i L 5 rn ' t m IXFFLEY ROAD 8 LEIONGTON AVENUE AREA PLAN EAGAN, MN. RECEIVED .1111 1 c quo DIFFLEY ROAD oo- (fl-TTUM-1 I 11] 111111 ® OUTDOOR SALES AA 4--e 1( 1) I 9 O GREASE DUMPSTER r b b ENCLOSURE CUB FOODS 42.600 SF r r b b OUTDOOR SALES AREA OPTIONAL SMOKING AREA I I CART STORAGE AREA T / It I r I n 18-7 SITE PLAN F E D G 8 A UTILITY ROOM • 1 ti0 T ~ ? I I ~ e F~vl 1J--1,1 gym; 5 DOOR ELEVATION Y rr r? a• x. zr 0 LL 1 4 BOLLARDS g f FI_ ° L La V i L le , ~ ~ i V xT'~ 1)". m 110 .,a d; ;b~ I x v s _ L !I s y J EXTERIOR CONCRETE CURB aII a..e, ° L ',v e 1 • ~ rL r~LL' mIr W "~•.I Erg - N SALT ~ .a oo~ cco LL SALES of PTIONAL' - f L'`J,• p' t°a i ~VTYY'PxL$ I .m 51N(ING A0.EA ~ .F'.µFti w•i•I 3 1 ~ _ s+0 i~ ^ ' •.A.1 I ? Li.,~Jx - FaO SEASON 1 oau l SSES ~a1. I 4 s = POLEO am-- (REFERENCE PLANE ONLY( F E D L B A' F•1.1 2 SECTION CMU SCREEN WALL 1 PROPOSED FIXTURE PLAN • FOR REFERENCE ONLY :wF ra -n 0 0 Wn S9'm>c ON l11 N O mmm zm 32'-V ~D~ 164' M N -n m Wo mT 0 sm o~mo -PI ^ ,.-4. U m ~ Wnm M" _ ~ r ru ARA AA mg Z ' 'A (f) --I A y ~ ~ er 0 0 0 SS Y m 4- 24 1 B m 2 3E ^ $ $ Ftm ona m q 24 B r 2ao $ m p 14'-10' m . (n z - 10'. M ^na~n $ yzoac 00 i~pol w Z CC~a v u s~ £F 3'-0- zZ II 5 24 1 BS CLR. r oti -0 D 24-1 GONDOLJ (1 1 B R a. a ona $ J Os 1a0 b L n I m~ n aaa8,ncll b z n rX1L A N E;m o(1 0 1 1 _ r d D ?z nsm CA °9 ffl 03 ~$9 D om m rp + 4 (n v) IN6 Bw D D II O II m PROJECT NUMBER PLflh%IME1RK CUB FOODS 03126-1 ARCHITECTURE I ENGINEERING SHEET NUMBER su~Ew~ w 8533 Flying Cloud Drive, soils 100 DIFFLEY ROAD LEXINGTON AVE. S. T-1 of F-1.1 DATE sign S erViceS Teephone-(952) 814 5800 I ri- Fax- (952) 914-5850 RECEIVED JUL 15 2UU9 07/13/09 www.designservicesproup.com 1 I L_ L_ Fla] O p I SAFE ,'U O a . g rn -n COUNTER T~ oq soon Rau on Z X Oz o 0 b / •4• BUUC FIX o m r y o' 12. 5 DK PROM y i § F r r I~ s L_ L_ T STOR GE (NOT TOTAL CART CO" a Sir m m Z CR IAN END P a JC 6•-7* e•-r r-a• 00 om o 4 16. 5- PRODUCE D • ~ I Cl) D m Boo- 4249- rn 6 PROJECT NUMBER PLEINMEIKK CUB FOODS 03126-1 ARCHITECTURE I ENGINEERING SMEET NUMBER Sl/PER? JW. E6633 den Prairie, MN Cloud 55344 Drive, site 100 DIFFLEY ROAD & LEXINGTON AVE. S. T-2 of F-1.1 S.ces Eden Telephones (852) 9 814-5 14-5 Services 800 DnTE Fax- (952? 914-5850 www.desi esignse rvices icesgroup.com 07/13/09 ww KH'"Wil 01 Rim a b 0 0 0 -u 0 a S M CO M _ na~n z9~C an Z 0 610^ 0 Z s F F 4P L _J E~ ~a L _J ~ C 3 ~ LJ 5 T rn q S rn nr m. Y~z H DSD HUTCH rD '~n mom F~z 0 u r sm 0 1~ Y 3 j P e R 4-04 p r I -10 ooD F -1 - - Y n r m ti - 6 ell- PROJECT NUMBER IiLEIIVMEIIiK CUB FOODS 03126-1 ARCHITECTURE I ENGINEERING SHEET NUMBER sUPER?aw 6533 Flying Cloud Drive, Site 100 a DIFFLEY ROAD & LEXINGTON AVE. S. T-3 of F-1.1 Design • Eden Prairie, MN 55344 Store Design ServicQ Services Telep one 884 5850-5800 I I DATE www.designservicesgroup.com RFCFI D JUL 15 fl 07113/09 NARRATIVE July 14, 2009 RE: Planned Development Amendment Application Premises: 1020 Diffley Road, Eagan, MN Our Facility: #03303 Our Planned Development Amendment Application covers four matters. The first is for Seasonal Outdoor Sales, the second is for Employee Smoking Screening, the third is Shopping Cart Storage, and the fourth is for Grease dumpster/Propane cart screening. A. Seasonal Outdoor Sales Want/Timing: We are requesting the City of Eagan to approve outdoor sales of goods on the front sidewalk south and north of the entrance/exit doors to our store. a) The area to.the south of the door is an alcove that is approximately 27 feet long and 8 feet deep. This area would typically be used for salt sales. See attached photo. Three removable bollards will be placed in front of the outdoor salt merchandise area. b) The area to the north of the door would be for seasonal outdoor sales and is approximately 29 feet long and 7 feet 8 inches deep, measuring from the outside wall toward the parking lot. The maximum height for merchandise would be hanging baskets at 8 feet. The seasonal merchandise would be on pallets (typically 4' x 3' 4") or in bins on pallets and include: spring flowers; hanging baskets; oversize general merchandise such as tables, chairs and umbrellas; fall perennial flowers; pumpkins; wreaths, boughs and other greenery; firewood; salt; pool shock, and potted trees (1-2 years old). This merchandise would be seasonal and not out all at once. For example, generally during the months of September and October there would be bins of pumpkins on display. During the month of December there would be wreaths and evergreen boughs on display. During the winter months of January, February , March and early April there typically would be nothing on the sidewalk. On average, there would be 6-10 pallets of product at a time. Four removable bollards will be placed in front of the outdoor sales floral, etc. area. To remain competitive in today's market, we find that it is necessary to have such merchandise and goods available. Customers expect to find these seasonal items at their local grocery store. [There is a huge demand for salt at the Eagan stores.] In addition, it creates an inviting, welcoming, and vibrant atmosphere as customers approach the building. The plan would be to use the sidewalk for displays immediately upon approval by the City of Eagan. Existing Land Use: The existing land use is Retail Commercial. Surrounding Land Use: Generally to the south and east is Low Density housing. To the west is Retail Commercial with Quasi-Public/Institutional to the north across Diff ley Road. { a~ RECEIVED JUL 15 2009 Zoning: The property is zoned PD, Planned Development, as well as all of the surrounding property except for the Public Facility/Institutional area to the north across Diffley Road. Impacts: This Planned Development Amendment would have no impact on the surrounding property and land uses. It would have no impact on City Services. This encompasses a use right in front of the store and within the sidewalk area. Better Land Use: This Planned Development Amendment creates a more efficient use of the land by maximizing potential for customer base, sales, and a vibrant center. Public Benefit: The public benefits by having functional retail facilities that are attractive to consumers, satisfying customer needs, and consequently providing a strong, stable tax base. Maintenance: The store has cleaning standards during operating hours which will include daily and consistent monitoring of these areas. They clean under and around pallets so customers have easy access to the merchandise. In addition, such cleaning provides a neat and professional appearance outside in keeping with the appearance inside the store. B. Cart Storage Want/Timing: We are requesting the City of Eagan to approve a screened storage area to house excess carts in the area on the sidewalk to the south of our entrance/exit doors, starting at the southeast corner of the building. We presently have 250 carts, which are used regularly, particularly on weekends. The interior storage area will only hold approximately 100 carts depending upon how many are baby carts. As a result we have up to an additional 150 carts that need to be screened according to the code. The cart storage will run from the left front corner of the building to the left edge of the left front window. The area for the storage is shown on the attached drawings and is 45 feet long, 9 feet wide, and 3' 8" high. This wall will be cmu to 3' 4", with a 4" cap to match the building. There will be a 4" concrete curb around the interior and the cart storage area. This wall screen for storage would be built as soon after approval as possible. Existing Land Use: The existing land use is Retail Commercial. Surrounding Land Use: Generally to the south and east is Low Density housing. To the west is Retail Commercial with Quasi-Public/Institutional to the north across Diffley Road. Zoning: The property is zoned PD, Planned Development, as well as all of the surrounding property except for the Public Facility/Institutional area to the north across Diffley Road. Impacts: This Planned Development Amendment would have no impact on the surrounding property and land uses. It would have no impact on City Services. This encompasses a use right in front of the store and within the sidewalk area. This Planned Development Amendment resolves the problem for our cart storage. ~q3~ Better Land Use: This Planned Development Amendment creates a more efficient use of the land by maximizing potential for customer base, sales, and a vibrant center. Public Benefit: The public benefits by having compliance and not viewing excess carts. Maintenance: The store has cleaning standards during operating hours which will include daily and consistent monitoring of these areas. C. Utility Room Want/Timing: We are requesting the City of Eagan to approve a screened area to house the grease dumpster and floor maintenance propane tank cage. There is not any room for these items in the existing screened garbage/compactor area. The area for this storage is shown on the attached drawings and is angular, but generally 6 feet long and 15 feet 3 inches wide. The masonry wall will match the main building and will be 3"4" high. This wall to screen storage would be built as soon after approval as possible. Existing Land Use: The existing land use is Retail Commercial. Surrounding Land Use: Generally to the south and east is Low Density housing. To the west is Retail Commercial with Quasi-Public/Institutional to the north across Diffley Road. Zoning: The property is zoned PD, Planned Development, as well as all of the surrounding property except for the Public Facility/Institutional area to the north across Diffley Road. Impacts: This Planned Development Amendment would have no impact on the surrounding property and land uses. It would have no impact on City Services. The Amendment resolves the problem of additional storage. Better Land Use: This Planned Development Amendment creates a more efficient use of the land and reduces a safety issue at the back of the store. Public Benefit: The public benefits by not viewing the dumpster and propane cart. Maintenance: The store has cleaning standards during operating hours which will include daily and consistent monitoring of these areas. D. Optional Employee Smoking Area Want/Timing: We are requesting the City of Eagan to approve a screened area in which employees can smoke on the sidewalk to the south of the salt sales area. In the attached photo, you can see a garbage can. The column in front of that would have a 6 foot high screen fan out 4 feet on both sides of the column, screening the employees and garbage can from view of the customers. The attached drawing further details this area. RECEIVED JUL 15 2000, Existing Land Use: The existing land use is Retail Commercial. Surrounding Land Use: Generally to the south and east is Low Density housing. To the west is Retail Commercial with Quasi-Public/Institutional to the north across Diffley Road. Zoning: The property is zoned PD, Planned Development, as well as all of the surrounding property except for the Public Facility/Institutional area to the north across Diffley Road. Impacts: This Planned Development Amendment would have no impact on the surrounding property and land uses. It would have no impact on City Services. Better Land Use: This Planned Development Amendment creates a more efficient use of the land by maximizing potential for customer base, sales, and a vibrant center. Public Benefit: The public benefits by not viewing employee smoking. Maintenance: The store has cleaning standards during operating hours which will include daily and consistent monitoring of these areas. The smoking cans are dumped daily. I 6g- /2 Agenda Information Memo September 1, 2009, Eagan City Council Meeting B. CONDITIONAL USE PERMIT - VALLEY MOTOR SPORTS ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit for the outdoor storage of up to 86 vehicles for property located at 3380 Hwy 149, legally described as Lot 2, Block 1, Gopher Eagan Industrial Park, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ? The applicant is proposing the outdoor storage of up to 86 vehicles (boats, snowmobiles, trailers, automobiles, motor-homes and company vehicles). ? The property is zoned I-1 (Limited Industrial), and surrounded by similar zoning districts and businesses with outdoor storage. ? The proposed outdoor storage occurs in the rear yard and appears to meet the outdoor storage requirements. ? The applicant shall submit a landscape plan to provide screening from Yankee Doodle Road, consisting of 9 pine trees. ? The applicant is proposing to construct and maintain a new storage area with a recycled asphalt aggregate gravel surface. A 6,000 sq. ft. bituminous pad is also proposed adjacent to the building to provide a maneuvering area. ? The Advisory Planning Commission held a Public Hearing on August 25, 2009 and is recommending approval. ISSUES: City Code requires that all off-street parking and storage areas be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration. However, the applicant is proposing a recycled bituminous surface similar to outdoor storage lots within the City that have been allowed to use recycled bituminous aggregate surfacing for outside storage areas. Similar to other outdoor storage CUP's, staff has added a condition of staff review of the maintenance and adequacy for dust and damage control. 60 DAY AGENCY ACTION DEADLINE: September 13, 2009 ATTACHMENTS (3): Location map on page19-7 Draft August 25, 2009 APC minutes on pager Staff report on pages throughQ 1 / 9' Eagan Boundary Right-of-way ¦ Location Map Parcel Area Park Area Building Footprint O o jam" o ° o ~ ~ O sT,r F%T trop s • 1P O C] o O 4 o p o. °a oo ° o ~ r o ° a a O o 0 ° co 9 0 O 9 - 9 o p ~ pq ~OaD O P o~o d a 6 ? t 3: o a t{ o 0 4 Q d b p t~ t Q O qq If Q ~ a 0 :gam Subect Site Q a o D dao o Q o ° Q "d O ? o Q a a ( F O .<t;F *if..t i Q d qd qqq d t a OS] o Od a } J t=~ k O ? s'; / 4 00 ~p DOD9 r- - i ti ~ ~ - d a o ao o l g O Q,o a d 8 r . 4 p ~4 0 Q 1d _ 6p~6 OO n 1000 0 1000 2000 Feet DevelopmentlDeveloper: Valley Motor Sports Application: Conditional Use Permit Case No.: 12-CU-08-07-09 N THIS MAP IS INTENDED FOR REFERENCE USE ONLY1q7 N E City of Eaoa The City of Eagan and Dakota County do not guarantee the accuracy of this information and are b not responsible for errors or omissions. S Community Development Oapartmant Advisory Planning Commission August 25, 2009 Page 5 of 10 B. Valley Motor Sports Applicant Name: Valley Motor Sports Location: 3380 Hwy 149; Lot 2, Block 1, Gopher Eagan Industrial Park 2nd Addition Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage. File Number: 12-CU-08-07-09 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated August 20, 2009. She noted the background and history. Ted Carlson, Welsh Companies and Mark Sandberg, Valley Motor Sports, explained that the size and numbers of vehicles may vary depending on the season. He stated there will be significantly less than 86 vehicles on the property during the summer months. Chair Chavez opened the public hearing. There being no public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Filipi moved, Member Keeley seconded a motion to recommend approval of a Conditional Use Permit (CUP) to allow the outdoor storage of a maximum of up to 86 vehicles (boats, snowmobiles, trailers, automobiles, motor-homes and company vehicles) on property located at 3380 Hwy 149 and legally described as Lot 2, Block 1, Gopher Eagan Industrial Park 2nd Addition, subject to the following conditions: 1. This Conditional Use Permit replaces any prior CUP's issued for the property and shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The outdoor storage shall be limited to a maximum of 86 vehicles and located in the outdoor storage area as identified on the Site Plan received July 31, 2009. 3. The storage area shall be maintained in an orderly fashion. 4. The coniferous trees proposed along the south perimeter of the site shall meet current City Code requirements and be installed by October 31, 2009. 5. The rooftop mechanical equipment shall be screened to meet City Code requirements by October 31, 2009. 6. The safety storage for LP cylinders and flammable container safety cabinet along the north side of the building should have a minimum spacing of 5 feet from any building openings. 7. (A)The proposed outdoop stepage aFeas, shall be surfaGed with bituminous asphalt. OR 7. (B) If recycled asphalt aggregate is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 8. All parking and storage areas shall be properly maintained to prevent deterioration. A vote was taken. All voted in favor. Motion carried: 7-0. 19 E PLANNING REPORT CITY OF EAGAN REPORT DATE: August 20, 2009 CASE: 12-CU-08-07-09 APPLICANT: Valley Motor Sports HEARING DATE: August 25, 2009 PROPERTY OWNER: Gopher Resource Corp. APPLICATION DATE: July 15, 2009 REQUEST: Conditional Use Permit PREPARED BY: Sarah Thomas LOCATION: 3380 Hwy 149 COMPREHENSIVE PLAN: IND, Industrial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow the outdoor storage of a maximum of up to 86 vehicles (boats, snowmobiles, trailers, automobiles, motor-homes and company vehicles) on property located at 3380 Hwy 149 and legally described as Lot 2, Block 1, Gopher Eagan Industrial Park 2nd Addition. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 119 Planning Report - Valley Motor Sports August 25, 2009 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. In addition to the requirements for a conditional use permit listed above, City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage that are addressed later in this report. BACKGROUND/HISTORY A CUP was approved in 1990 to allow heavy equipment repair and sales with open storage for Gopher Smelting and Refining. Subsequently, a number of users have occupied the space and the use of outdoor storage was sporadic. Most recently, the building was occupied by Bekins Transfer that operated with outdoor semi-truck and trailer storage. EXISTING CONDITIONS The 2.4 acre site contains an existing building with 17,000 sq. ft. of warehouse and 3,000 sq. ft. of office space. The rear yard, which is proposed for outdoor storage, is approximately 29,250 sq. ft., including a 6,000 sq. ft. asphalt slab for the maneuvering of vehicles. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: ato Planning Report - Valley Motor Sports August 25, 2009 Page 3 Existing Use Zoning Land Use Designation North Industrial (Twin City Wire) PD, Planned Development END, Limited Industrial South Yankee Doodle Road/ BP, Business Park BP, Business Park Vacant East Industrial (freight co.) PD, Planned Development IND, Limited Industrial West Hwy. 149/Industrial PD, Planned Development IND, Limited Industrial EVALUATION OF REQUEST Valley Motor Sports is a year-round boat, snowmobile, snowplow, automobile and motor-home repair business. Compatibility with Surrounding Area - Outdoor storage is a conditional use in the I-1 zoning district. The proposed use appears compatible with the surrounding properties and existing uses. Site Plan - The applicant proposes the outdoor storage of items that pertain to the business. Specifically, the items include boats, snowmobiles, trailers, automobiles, motor-homes and company vehicles. The Site Plan received July 31, 2009 provides the location of the outdoor storage and the applicant's narrative states at any peak time, there would be a maximum of 80 vehicles plus company vehicles. Outdoor Storage - The standards for outside storage found in City Code Section 11.70 Subd.22 are outlined below. 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. The applicant has proposed the storage area to be enclosed by an existing six foot chain link fence and a 16 inch extension of 3-row barbed wire security fencing. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. All setbacks appear to be met. 3. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The adjacent properties are zoned and guided for industrial use and screening is not required from adjacent parcels that are zoned I-1. There are existing deciduous trees on the south side of the property which provide screening during the summer months from the adjacent right-of-way. Nine coniferous trees are proposed to be planted along the south property line as well. These trees must meet minimum city landscape requirements (six feet in height). The proposed storage area is further screened from the public view by the building and privacy slats in the chain link fence. Planning Report - Valley Motor Sports August 25, 2009 Page 4 4. The storage area shall not interfere with any pedestrian or vehicular movement. The applicant's narrative indicates that the storage will not interfere with any pedestrian or vehicular movement. 5. The storage area shall not take up required parking spaces or landscaping areas. No required parking spaces or landscaping areas are proposed to be removed or utilized for storage. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The applicant is proposing to maintain a majority of the parking and material storage area with recycled aggregate gravel surface, which is further discussed later in this report. Mechanical Equipment - The mechanical equipment is located on the roof of the office portion of the building. City Code requires that all roof-mounted equipment shall not be visible from the ground level of any adjacent property or street that is of equal grade with the subject building. The applicant must provide screening of the mechanical equipment to meet City Code requirements. Trash Containers - The Site Plan identifies a scrap trailer to be located in a parking stall adjacent to the east side of the building, behind the slatted cyclone fence. The proposed location of the scrap trailer provides screening from public-right-of way. The applicant's narrative identifies that the trash dumpster will be located inside the building. If not located indoors, City Code requires trash dumpsters to be enclosed. The enclosure must be constructed of materials to match the exterior of the principal structure. Flammable and Combustible Liquids - The Site Plan identifies an area for safety storage for LP cylinders and a flammable container safety cabinet along the east side of the building. These locations must have a minimum of 5 foot spacing from any building openings. Grading - The existing site generally slopes towards the northeast. The applicant is proposing to maintain a majority of the parking and material storage area with recycled aggregate gravel surface. The applicant is not proposing to construct the perimeter of the outdoor stage areas with concrete curb and gutter. City Code requires that all off-street parking and storage areas be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration. Bituminous asphalt is the most- widely-used surfacing material to accomplish this requirement and is required for off-street parking areas. There are a number of outdoor storage lots within the City that have been allowed to use recycled aggregate surfacing for outside storage areas. Those Conditional Use Permits that have allowed recycled aggregate have included a condition for a periodic staff review of the condition of the surfacing to determine its adequacy for dust and drainage control. If recycled aggregate is used, such periodic review should be a condition of approval. If, upon review, the recycled aCa Planning Report - Valley Motor Sports August 25, 2009 Page 5 aggregate surface is determined to be inadequate, the City will require the storage lot to be resurfaced with bituminous asphalt. Storm Drainage - Storm water runoff from this storage area is accommodated by an existing storm sewer system along the east edge of the site. Utilities - The existing building on the site is connected to the City sanitary sewer and water main systems. No additional connections are proposed with this application. Access - Access to the site is currently from one driveway entrance onto Kutoff Court and will remain unchanged with this development. SUMMARY/CONCLUSION The applicant is requesting approval of a Conditional Use Permit (CUP) for the outdoor storage of boats, snowmobiles, trailer, automobiles, motor-homes and company vehicles The site is located in an industrial area and the proposed outdoor storage occurs on the rear yard of the property and outdoor storage requirements appear to be met. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit (CUP) to allow the outdoor storage of a maximum of up to 86 vehicles (boats, snowmobiles, trailers, automobiles, motor-homes and company vehicles) on property located at 3380 Hwy 149 and legally described as Lot 2, Block 1, Gopher Eagan Industrial Park 2nd Addition. If approved, the following conditions should apply: 1. This Conditional Use Permit replaces any prior CUP's issued for the property and shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The outdoor storage shall be limited to a maximum of 86 vehicles and located in the outdoor storage area as identified on the Site Plan received July 31, 2009. 3. The storage area shall be maintained in an orderly fashion. 4. The coniferous trees proposed along the south perimeter of the site shall meet current City Code requirements and be installed by October 31, 2009. 5. The rooftop mechanical equipment shall be screened to meet City Code requirements by October 31, 2009. 6. The safety storage for LP cylinders and flammable container safety cabinet along the north side of the building should have a minimum spacing of 5 feet from any building openings. o~O3 Planning Report - Valley Motor Sports August 25, 2009 Page 6 7. (A)The proposed outdoor storage areas shall be surfaced with bituminous asphalt. OR 7. (B) If recycled asphalt aggregate is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 8. All parking and storage areas shall be properly maintained to prevent deterioration. Eagan Boundary Right-of-way Location Map Park Area Area k Area Building Footprint t _ ~ ~4 ~ ~ B p 4 ~ O O ~r 7T - Oo o ~ ~~L tRVN ? O O Q o p C,19, 1 -11 9 p Q 9 9 O f? poop a D y 4 Q 0 r•- oo, pro ~ p v' _ ti- d a 6 a i~ a o ° a a a a C77 :1 o c, q c2 Q 0 po P d " i1 qD o Subject Site a p o o l ~r Q h` O k7 a O d Q ~ Q° 0 O 9 d d F q 0 o a D o A , --r y i•i _ - r d GSd Clgq C! i399 03 d P O ° 153 Q~ ® ~ Q Q :ofl d coy ta`" & Q ~4 o~d G3 q - 4 1000 0 1000 2000 Feet Development/Developer: Valley Motor Sports Application: Conditional Use Permit Case No.: 12-CU-08-07-09 N THIS MAP IS INTENDED FOR REFERENCE USE ONLY N, E City of Eajai The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. S Community Development Department Current Zoning and Comprehensive Guide Plan Valley Motor Sports Land Use Map Conditional Use Permit 3380 Hwy 149 Zoning Map ® U. ¦m ¦v .a v •A I GO D ¦ q i R-g1 P o^. p Current Zoning: p 9 a PD P Planned Development Location • p P BPD PD ® y6 `•I ANK DOODLE RD.) NO' NKE& ooptE a ® EP 600 0 60o 1200 Feet -1 IL Comprehensive Guide Plan IND a , ¦ o Land Use Map 9 : g IND a° 0 0 P P 96 Current Land Use Designation: Location /ND P Industrial IND ",YANKEEODLE RD.) 11/K E ool LE Mb aD B ®aP IND 600 0 boo 1200 Feet parcel base map Information provided by Dakota County Land Survey Department Deember 2003. N Ply Zoning information maintained by City Stan. City of Eap THIS MAP IS INTENDED FOR REFERENCE USE`A07/`NLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this information. 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Valley Motor Sports, Inc. is applying for a Conditional Use Permit (CUP) from the City of Eagan in order to be able to relocate our company to 3380 Highway 149, Eagan, MN 55121 as of October 15t, 2009. Legally described as Block 1, Lot 2, Gopher Eagan Industrial Park #2, Second Addition. Zoning Classification. The current zoning on this property is Industrial. The property was previously occupied by Bekins Transfer. They vacated in January 2009. Since then the building/grounds have been extensively remodeled and refurbished both inside and out. This building was most recently used for a moving company (Bekins Transfer) with outdoor semi-truck and trailer storage. Surrounding Land Use. Currently the surrounding land uses and zoning around this building are Twin City Wire with outdoor metal storage on the North side of the building and a freight company to the rear on the East side of the building. Yankee Doodle Road occupies the South side of the building while Highway 149 is to the West. Proposed Use. Valley Motor Sports, Inc. is a year round boat, snowmobile, snow plow, automobile and motor-home repair shop. We would like to move to this building as of October 1" to continue our day to day business. We plan on using the outdoor storage very similar to how it has been for the past tenants. We pride ourselves in the organization of our current shop and plan on continuing the clean and organized storage operation of vehicles at the new location. Outdoor Storage. The outdoor storage area will be used to store such things as vehicles, boats and trailers. This storage area at this building will be located in the rear fenced-in yard. a) The storage area shall not interfere with any pedestrian or vehicular movement. b) The storage area shall not take up required parking spaces or landscaping areas. c) The outdoor storage area shall be screened from view from the public right-of-way. The storage area is enclosed by an existing six foot chain link fence with slat inserts and a 16 inch extension of 3-row barbed wire security fencing. Continued... av1 !I-r// DDDD i Motor Sports 'Affr AV 1299 Eagan Industrial Road, Suite 103, Eagan, MN 55121 Phone: (651) 452-7400 • Fax: (651) 452-7474 • E-Mail: vallevmts@aol.com Continued... The storage lot, along with the designated parking areas, driveway and area in front of the three loading dock doors will be routinely maintained to prevent the accumulation of debris and to maintain a clean appearance. Storage vehicles will consist of (approx). a) Customer vehicles awaiting repairs - average length 25'-30' a. April - November up to approx. 40 Customer Vehicles b. December - March up to approx. 80 Customer Vehicles b) Up to 8 Cars and Trucks (Employee/Company vehicles) c) 1- Storage Trailer used for scrap metal accumulated to be recycled * Note: Customer Vehicles is defined as any customer boat, trailer, snowmobile, automobile or motor-home. * See plan drawing for designated parking areas. Flammable and Combustible Liquids. Valley Motor Sports currently owns a flammable container safety cabinet to safely store LP cylinders. This cabinet will be placed in the South West corner of the outdoor storage area. Approximately 15' away from any building openings. * See plan drawing for specific location. Trash Container. A rolling 3-yard dumpster will be located inside the building. Maintenace of Fire-Fighting Equipment and Systems. A maintenance program that requires periodic inspection, testing, and operation of fire-fighting equipment is already in place with Valley Motor Sports current equipment. This will be adopted at the 3380 Highway 149 location once Valley Motor Sports occupies the building. This equipment is currently inspected and tested regularly. The current fire extinguisher inspections will continue on an annual basis upon relocating to 3380 Highway 149. As part of this requirement, the fire extinguishers will be provided with a tag showing the last date of inspection. Exterior Signage. Will be brought to the City of Eagan to be reviewed and approved once a sign plan is figured out. Mark Sandberg Owner/President Valley Motor Sports, Inc. 2 (D)o Agenda Information Memo September 1, 2009, Eagan City Council Meeting C. CONDITIONAL USE PERMIT - THE LINDSAY GROUP ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to amend the Town Centre Pylon Sign Agreement to allow a pylon sign on property located at 1344-1348 Town Centre Drive, legally described as Lot 2, Block 1, Town Centre 70 17th Addition, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ? The applicant's proposal includes a CUP (Conditional Use Permit) to allow a pylon sign. ? The 10,000 sq. ft. retail building consists of Fed Ex/Kinko's and Payless Shoes. ? The current tenant sign panels are on an off-premise pylon sign, shared with Noodles & Co. Both properties were under the same ownership when developed. ? The property is zoned CSC (Community Shopping Center), which allows pylon signs via a CUP. ? The Town Centre Pylon Sign Agreement was adopted in 1986 and provided 28 signs at specified the locations throughout Town Centre 70 and Town Centre 100. ? The proposed sign appears consistent with area signage and building materials, and reduces the non-conformity of an off-premise sign. ? Due to current lease arrangements, the Fed Ex/Kinko's tenant panel may remain for up to a year, but at no time will any tenant have simultaneous pylon signage. ? The Advisory Planning Commission (APC) held a Public Hearing on August 25, 2009 and is recommending approval. ISSUES: The APC recommended condition number 2 be modified to read "Sip Site Plan". The APC also recommended condition number 7 be modified to read "No tenant shall have signage on the existing pylon sign located on Lot 1, Block 1 and at the same time as prepesed signage on the proposed pylon sign located on Lot 2, Block 1, Town Centre 70 17th Addition." 60 DAY AGENCY ACTION DEADLINE: September 13, 2009 ATTACHMENTS (3): Location map on page Draft August 25, 2009 A C minutes on aga; Staff report on pagethroughc C~/ Eagan Boundary Right-of-way Location Map Park Area Area k Area Building Footprint uwr~ fl Subect Site o - - nn I ~ ~ Q 4 4 41. D O = a 0 j~ a q p 4 9 0 o q CD 9 p Do U 4 0 qp ~ ~ o oooofl o 6 0 .r' ? 6 D ~O 9Q 0 O ~ Q l~~ Qo p. ~p G~+ d p ©p O~ O - 1.. a p 7 r t P cap C o p j Y O qo 0 p 6 75- ] o Il Q ~p d Q~ fl 6' ° da ~JVOO ,¢yq~~~a p ° W s 6 o L~ aQ d = h 9000 r' g 6 0b o 4Q b = p.A a o bO 1000 0 1000 2000 Feet Development/Developer: Lindsay Group Application: Conditional Use Permit Case No.: 15-CU-07-07-09 N 0~ THIS MAP IS INTENDED FOR REFERENCE USE ONLY' N, E City of Eaoon The City of Eagan and Dakota County do not guarantee the accuracy of this information and are J 6 not responsible for errors or omissions. S Community Development Department Advisory Planning Commission August 25, 2009 Page 6 of 10 C. Town Center/ Lindsay Group Applicant Name: The Lindsay Group Location: 1344-1348 Town Center Drive; Lot 2, Block 1, Town Centre 70 17th Addition Application: Conditional Use Permit A Conditional Use Permit to allow a pylon sign. File Number: 15-CU-07-07-09 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated August 20, 2009. She noted the background and history. Chair Chavez opened the public hearing. There being no public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Dugan stated he has a business relationship with the applicant; however the applicant has not contacted him regarding the issue, therefore he will not be abstaining. Member Heaney moved, Member Keeley seconded a motion;to recommend approval of a Conditional Use Permit to amend the Town Centre Pylon Sign Agreement to add a pylon sign at the southwest corner of the property located at 1344 - 1348 Town Centre Drive and legally described as Lot 2, Block 1, Town Centre 70 17th Addition, subject to the following conditions as amended: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. All signage is subject to the Site Plan received July 29, 2009. 3. The Applicant shall provide a Landscape Plan depicting the replacement of the tree to be removed and the sign base foundation plantings per current City Code requirements. 4. All landscaping shall be installed no later than October 31, 2009. 5. All signage shall meet Sign Code requirements. 6. The Applicant shall enter into an Amendment to the Pylon Sign Agreement for Lot 2, Block 1 Town Centre 70 17th Addition, in a form acceptable to the City Attorney. 7. No tenant shall have signage on the existing pylon sign located on Lot 1, Block 1 at the same time as signage on the proposed pylon sign located on Lot 2, Block 1, Town Centre 70 17th Addition. A vote was taken. All voted in favor. Motion carried: 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: August 20, 2009 CASE: 15-CU-07-07-09 APPLICANT: The Lindsay Group HEARING DATE: August 25, 2009 PROPERTY OWNER: Same APPLICATION DATE: July 15, 2009 REQUEST: Conditional Use Permit PREPARED BY: Sarah Thomas LOCATION: 1344-1348 Town Centre Drive COMPREHENSIVE PLAN: SA, Special Area ZONING: CSC, Community Shopping Center SUMMARY OF REQUEST The Applicant is requesting approval of a Conditional Use Permit to amend the Town Centre Pylon Sign Agreement to add a pylon sign at the southwest corner of the property located at 1344 - 1348 Town Centre Drive and legally described as Lot 2, Block 1, Town Centre 70 17tH Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Planning Report - The Lindsay Group August 25, 2009 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The subject property is located in the Town Centre shopping area. The existing building contains Fed Ex/Kinkos and Payless Shoes. These businesses currently share a pylon sign with Noodles and Company and the pylon sign is located on the adjacent Noodles and Company parcel. This situation occurred because the two parcels were under the same ownership when they were originally developed. The Town Centre Eagan Pylon Sign Agreement was initially adopted on September 11, 1986 and amended on December 18, 1992. The Agreement limited the overall number of pylon signs to 28 and specified the approved locations via the overall Sign Plan and allowed the developer to avoid a separate CUP process for each sign. In doing so, the City granted variances by means of the Agreement to the sign locations. Such variances include spacing between pylon signs, square footage and height of signs. The Applicant has stated that due to current lease arrangements, the FedEx/Kinko's sign panel will not be removed from its existing location for up to a year. At that time a new Fed Ex/Kinko's sign panel will be added to the proposed Pylon sign. Additionally, staff has spoken with the owner of the adjacent property and learned that Noodles and Company intends to expand their sign panel when the space currently occupied by neighboring tenants is made available. a~~ Planning Report - The Lindsay Group August 25, 2009 Page 3 EXISTING CONDITIONS The subject site is currently a platted parcel with an approximate 10,000 sq. ft. retail building. A 27 foot pylon sign is present on the adjacent property to the north. This pylon sign was approved with three separate panels (1) the Noodles panel is 3'3" tall by 10' wide, (2) the Payless panel is also 3'3" tall by 10' wide, and (3) the Fed Ex/Kinkos panel is 5' tall by 10' wide. The bubble at the top of the sign is 19 inches tall. The overall sign face is 120 sq. ft. which is the maximum area approved for the sign face. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Noodles & Co., CSC, Community SA, Special Area Restaurant Shopping Center South Kohls, Retail CSC, Community SA, Special Area Shopping Center East Retail CSC, Community SA, Special Area Shopping Center West Applebee's, PD, Planned SA, Special Area Restaurant Development EVALUATION OF REQUEST Compatibility with Surrounding Area - Community Shopping Center districts are intended for large scale retail commercial sales and services. The retail use is consistent with the surrounding commercial retail and office uses. Pylon signs are a Conditional Use. Sign Ordinance - The Town Centre Pylon Sign Agreement has allowed deviations from general sign standards of the Sign Ordinance. However, to provide a foundation for review, a pylon sign (a freestanding sign over 7-feet in height) requires a Conditional Use Permit and shall not be more than 27 feet above lot level and shall not exceed 125 square feet in area per side. Pylon signs are not to be located within 300 feet of each other on the same side of the street and only one Pylon or Freestanding sign is allowed per building. Also, no off-premise signs are allowed. Applicants' Narrative - The Applicant is requesting a CUP to add a pylon sign at the southeast corner of the 1344-1348 Town Centre Drive parcel. This would eliminate the non-conformity of the off-premise signage on the Noodles and Company property. According to the Applicant, "The new sign would meet all height, size and setback requirements as well as the requirement of being located at least 300' from any other existing pylon sign". aIQ Planning Report - The Lindsay Group August 25, 2009 Page 4 The proposed signage would mirror the architecture of the newly constructed signs in the Town Centre area by having a rockface kasota block base. The block piers will match the existing building. Since the existing pylon side does not belong to the applicant or owners of the subject property, they cannot dictate what happens with the existing sign; however when the existing sign panels are removed or replaced, they must conform to code requirements (e.g. maximum sign face of 125 sq. ft.). The applicants' narrative states that "at no time will FedEx be listed on both signs." Landscaping - An existing tree is proposed to be removed to allow for site clearance of the proposed sign. The applicant should replace the tree to another location on the site and add foundation plantings to the base of the proposed pylon sign. A detailed landscape plan prepared by a registered landscape architect should be submitted for review and approval by City staff. City Code also requires that all landscaped areas be served by automatic irrigation. Landscaping should be installed by October 31, 2009. SUMMARY/CONCLUSION The applicant is requesting a CUP to construct a pylon sign. This would amend the Town Centre Pylon Sign Agreement by adding another sign. Due to current lease arrangements, the Fed Ex/Kinko's sign panel will remain on the adjacent sign for up to a year; however, no tenant will ever simultaneously have signage on both pylon signs. The proposed sign meets all sign code requirements and appears to be compatible with the area. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to amend the Town Centre Pylon Sign Agreement to add a pylon sign at the southwest corner of the property located at 1344 - 1348 Town Centre Drive and legally described as Lot 2, Block 1, Town Centre 70 17`h Addition. If approved the following conditions shall apply: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. All signage is subject to the Sign Plan received July 29, 2009. 3. The Applicant shall provide a Landscape Plan depicting the replacement of the tree to be removed and the sign base foundation plantings per current City Code requirements. 4. All landscaping shall be installed no later than October 31, 2009. 5. All signage shall meet Sign Code requirements. a-7 Planning Report - The Lindsay Group August 25, 2009 Page 5 6. The Applicant shall enter into an Amendment to the Pylon Sign Agreement for Lot 2, Block 1 Town Centre 70 17th Addition, in a form acceptable to the City Attorney. 7. No tenant shall have signage on the existing pylon sign located on Lot 1, Block 1 and the proposed signage located on Lot 2, Block 1, Town Centre 70 17th Addition. cog Eagan Boundary Right-of-way Park Area Location Map Park Area Building Footprint 0 za A 11100 1 ° Subect Site Mg. 5a J"" 75 Ep Doc, o jj D a CD Oqp ~ v o Q © g p v q o 6 9 °aaaa Fs ' > 6 o Q WES ww..e. 0 6 4 - ~ O Q D~ 6~8 ~ 0 4 © p ti Q ~ L O Q q © l7 s ao' a" Q n b © d p Q~ Q ~ a c9 . ~ ~ Q • •0 q _ i~ 4 Q Q."m o ° a~O It 1000 0 1000 2000 Feet Development/Developer: Lindsay Group Application: Conditional Use Permit Case No.: 15-CU-07-07-09 all N THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E City of Eagan The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. Community Development Department Current Zoning and Comprehensive Guide Plan The Lindsay Group Land Use Map Conditional Use Permit 1344-1348 Town Centre Drive z ru r 091. Zoning Map u PD V Wpm- ay4 PD I rtit PD Current Zoning: ~j COUNTY ROAD NO.28 (YANKEE DOODLE ROAD) CSC s 4P 40 Community Shopping Center P Location yII~ M PD CSC PD sa 0 o CSC O a 6 • of ® ® U ` C 60o 0 Goo 1200 F..t !s d ® v a . ®o I __j Comprehensive Guide Plan ae S sa SA Land Use Map 7041 r4W SA r COUNTY ROAD NO.28 (YANKEE DOODLE ROAD) 00- ¦ Current Land Use Designation: ~ e Location SA Sa Special Area SA _ @ • SA le ® 6 E Got! 0 Goo 1200 F..t IAIL NOR Parcel base map Information provided by Dakota County Land Survey Department Decmb.T 2005. N VIo-p Zoning Information maintained by City Stan. My of Ea p W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. S 21, _q • r 4 t ~ f F~Nv 1 ) _ 'the ~~1f ~ ml, ` fffJJj((( ~ 1' r\ n r1k ' 77- PI Lj h g s c y rq f ' l OFF. _3 z~ fx s :u y P m) t c .tF¢ st` V 1- r is S j.7i y ? s- f~; u F.. 1 4 r tT r [ yea r. _ SITE PLAN I g N . z KJT O~ >x rn u+ a O I r N i t 15' it to N y F-3 y CrJ CrJ CrJ CrJ cn W n m ~pAA ~1v r>" 1~n 1u "'N m ~~p~ ~O~ 00 ~fn m~ O riy=ny~ =nom 701 m D -i p D r" to R Q1 Max o x z 0 u'~rn v ~nr ~n o $ Dis r-- -4 ~ m 1 o D t+3. cn c C=M c r J F 3450 Counts a.o,~ i91 ARCHITECTURAL =;'E` a EAGAN TOWN h"no CONSORTIUM L.L.C. °a. n' 952-931 3131~1 Ph.+n cnecuoer: l:7 D u 11 CENTRE 952931-3133 Fax The Lindsa Grou w.+br6iy5rouPcom 901 North 3M Street, Suite 220 612436-4030 612-692.9960 Y P Minnee 9s. MN 55401 F. EXHIBIT "A" TOWN CENTRE 70 HAS A TOTAL OF 16 PYLON SIGN LOCATIONS. TOWN CENTRE 100 HAS A TOTAL OF 1Z PYLON SIGN LOCATIONS. YIYYLID NII/INGTWn• tMlNµty NTKASaCrW)# ~ - . _ •`-1~. / w'1 ~'-~-a "x'411 M_~ _ F-- r---I I~,' C-3 Co LL] I 4J it N T , ~ ".i . t .`r l~ I F t , 1111.1 ~ ....II `_1 'I: iIr) r.11..au,lun„tlnnlV ! / .11..1. ` O f-i <uu., l ' ` QI I_•.1 J: C a 1 t--I \ ? ER-?EBYE o -T TT •r O Up lpp IT pOU(7U UIIU >..,,j ; ,rte 4~ Tl _ S' 1lo o N t~ O 0 I U I c i I ' V Al ~9 ~t 1 L+ V~ , ' LL l Q"~1 79+N CV At nct,iC &r. 1~ naval ...1~, Z WWt0 I nw I ,w _ id~ I , M,1,Y ,IIa•1,1N1 1n p,nlM ' NIGtaG110', 1 1'-~ NY,. M14•M111M, Mtn ~1 D 1 1 1 ~µ\.n.nr V~. w. nnK wn. Y Plw U Cv--a i I w P.1., y I I y ' -J I f 4111 i 1111wP11 INI 1111u.,11 P"'"1 ryE P LO EAGAN TOWN CEN"i nt /~Ir ,w„n GI I CONCEPT PLAN ITO ACRE RETAIL COMMERCIAL AND BUSINESS DEVELOPMt'. N,W4t0 lu,tulw' ` I A~ ~•6D _ Signs on all corner lots erected within eetofthe interser(iyg'eµr&e shall be subject to Tral't is&ty Requirements: FEDERAL LAND CO AS. slt:las - ,pp 1 Via" r':."".•. - above' u6 rni Eagan City Code 11.10, Subd. 7. Traffic visibility. On all corner lots in all districts, no structure or planting in excess of 30 inclic: le xe curb line shall be permitted within a triangular area defined as follows: beginning at the intersection of the project curb lines oft, o iufinsaclfds: l I street, thence 30 feet along one curb diagonally to a point 30 feet from the point of beginning of the other curb line, thence to the pint of be inning. All signs: Eagan City Code 4.20, Subd. 3.13. General sign sunrdarrb'. Location to property line. No sign shall be located nearer than ten feet from any property 1 or dividing line. T A Iter Copy ce cr- 1 T~NRN~ #3 EXISTING PYLON Y'Y A4 rem sRL x Ip ko's 4 z ix4J`'1 ~ e Y ~ ily: - 4 yu S \ ~ S JJ c"x rl ti:?r 2 i a,Frx. VIRM, -CST Z 0 k. J W 3450 County Road 101 Minnetonka, MN 55345 952-93 1-3 131 Phone 952-93 1-3 133 Fax The Lindsay Group www.lindsaygroup.com July 29, 2009 City of Eagan RECEIVED JUL 221009 Attn: Ms. Sarah Thomas 3830 Pilot Knob Road Eagan, MN 55122-1810 RE: Conditional Use Permit, 1344-1348 Town Centre Drive Dear Ms. Thomas, The purpose of this letter is to address the request, from your letter dated July 22, 2009 and addressed to Jonathan Lindsay of the Lindsay Group, for a narrative that provides "clarification as to what happens to the existing sign at 1340 Town Centre Drive, with the removal of the two panels. As stated in our original submittal, the existing Payless Shoes signage on the Noodles property pylon sign would be removed and all future signage of tenants in the property would be placed on the new pylon sign only. However, because of an existing lease agreement with FedExfKinkos, the owner may need to leave FedEx's sign on the old pylon for an interim period. At no time will FedEx be listed on both signs. The owner will use reasonable efforts to move FedEx's sign to the new pylon at the first opportunity to do so. Upon approval of the new pylon sign, the owner will also provide documentation that effectively waives its right to place signage on the neighboring property in the future. The existing pylon sign does not belong to the owners of 1344-1348 Town Centre Drive and is not located on our property. Therefore, we can make no commitments on behalf of the owner of the sign, the 1340 Town Centre Drive property owner. However, we can make the commitment that we will formally and legally waive our rights to place signage panels on this existing sign. The primary purpose of our request is to remedy the confusing and non-conforming present situation created by our tenant signage being located on another property. Our desire is to simply bring our signage into conformance by constructing our own sign containing only the tenants of our building. Hopefully this will solve any questions or concerns that may arise in the future regarding our tenants' signage. Please feel free to contact me directly if you have any further questions. L dsay The Lindsay Group DEVELOPMENT ° INVESTMENT • BROKERAGE ° CONSTRUCTION q 1344-1348 Town Centre Drive CUP Request Narrative The Lindsay Group, property owner, is seeking a Conditional Use Permit for the purpose of installing a pylon sign at the southeast corner of the 1344-1348 Town Centre Drive parcel at Eagan Town Centre. The retail property is currently occupied by FedEx Kinkos and Payless Shoes and is located within a Community Shopping Center zoning area. The subject property is surrounded on all sides by similar retail and service businesses, including big-box format retailers such as Wal-Mart, Kohls and Rainbow Foods. Currently the FedEx/ Kinkos/Payless signage is located off-premises on the pylon sign of an adjacent property occupied by "Noodles" restaurant. This situation occurred because the two parcels were originally under common ownership. Therefore, the current signage arrangement creates a non-conforming situation because current code does not allow for a property to display signage on the sign of another property. This was brought to our attention after meeting with city staff. It was implied that any changes or new sign permits on the existing sign could be denied due to the non-conformity. Therefore, the Lindsay Group would like to construct its own conforming pylon sign located on its own property. The pylon would match the design and materials of the existing pylon sign and signs located throughout the rest of the Eagan Town Centre development. The new sign would meet all height, size and setback requirements of the code, as well as the requirement of being located at least 300' from any other existing pylon sign. The existing signage on the Noodles property pylon sign would be removed and all future signage of tenants in the property would be placed on the new pylon sign only. However, because of an existing lease agreement with FedEx/Kinkos, the owner may need to leave FedEx's sign on the old pylon for an interim period. At no time will FedEx be listed on both signs. The owner will use reasonable efforts to move FedEx's sign to the new pylon at the first opportunity to do so. Upon approval of the new pylon sign, the owner will also provide documentation that effectively waives its right to place signage on the neighboring property in the future. Payless Shoes has indicated that they will not be renewing their lease upon its expiration later this year. Similar to the needs of the rest of Eagan Town Centre, the ability to successfully attract future tenants is dependent in part on visible signage. Approval of this signage plan would correct a currently non-conforming situation and also helps to ensure the vitality of this property and the community shopping area as a whole. The owners do not want the risk of not being able to offer signage to future tenants because of the non- conforming signage situation. In order to remedy this issue the owners ask for the City of Eagan's approval to build a new, conforming pylon sign that would be self-sufficient for the parcel. /n Agenda Information Memo September 1, 2009, Eagan City Council Meeting D. PLANNED DEVELOPMENT AMENDMENT - CSM WATERS V LLC ACTION TO BE CONSIDERED: To Approve a Planned Development Amendment to allow outdoor storage of tractors, farm implements and equipment at 2955 Lone Oak Drive, legally described as Lot 1, Block 1, Blue Ridge 5th Addition, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ? The site contains a 45,000 s.f. warehouse/manufacturing building constructed in 2004. ? The site is part of the Laukka-Beck PD which was established in 1985. It was designated Special Area - Office/Service in the 2001 Comprehensive Plan. ? The Final PD Agreement prohibits outdoor storage. ? John Deere occupies the north end of the building. This facility is a regional vocational training center for their equipment. ? Several large tractors, combines, and other farm equipment that is used for training is stored outside in the parking lot and loading area to the rear of the building and brought inside the building for training classes. ? The proposal is inconsistent with the zoning and Comp Plan designations of this property and the surrounding area. ? Staff suggested construction of an accessory structure to provide additional indoor storage space for the equipment. The applicant indicates that is not feasible due to the cost. ? Alternatively, in PD zoning, the outdoor storage can be permitted as an interim use to accommodate the current situation without the cost of an accessory building. ? The Advisory Planning Commission held a public hearing on August 25, 2009 and is recommending approval of the request. ISSUES: ? John Deere's existing lease runs through October 31, 2012. At the APC meeting the applicant indicated John Deere also has a 5-year option on their lease, and requested that the term of the interim use include the option period (to October 31, 2017). ? The appropriateness of an 8-year term versus a 3-year term is a policy matter to be determined by City officials. The APC recommended a term expiring October 31, 2012. 60-DAY AGENCY ACTION DEADLINE: September 13, 2009 ATTACHMENTS (3): Location Map, pages August 25, 2009 APC minutes, pages. througo Planning Report, pagei9 ihrough tt f Qc9 Eagan Boundary Right-of-way Location Map Park Area Area k Area Building Footprint 0 ~q 13 u' © fl O Sub'ect Site 11! j a Z o0 to T4 L', o Q , o eO o Q 10 C3 C]ov ~ ° o ii1I1: 9 0 r 1000 0 1000 2000 Feet Development/Developer: CSM Corporation Application: PD Amendment Case No.: 01-PA-10-07-09 a~ N THIS MAP IS INTENDED FOR REFERENCE USE ONLY u, E City of Eop,al The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. S Community Development Department Advisory Planning Commission August 25, 2009 Page 7 of 10 D. John Deere Applicant Name: CSM Waters V, L.L.C Location: 2955 Lone Oak Drive; Lot 1, Block 1, Blue Ridge Sixth Addition Application: Planned Development Amendment A Planned Development Amendment to allow outdoor storage. File Number: 01-PA-10-07-09 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated August 19, 2009. She noted the background and history. John Ferrier, CSM Waters V, L.L.C., stated he does not consider this outdoor storage based on the term of use. He explained that the equipment is used for training sessions. He discussed the term of the lease and explained that there is a five year option on the lease and the lease will not be renewed without the outdoor storage allowance. He suggested that the Planned Development Amendment extend to the life of occupancy, rather than the life of the lease. He stated other John Deere training facilities in the mid-west are being closed, and as a result training at this facility has increased. He also explained that this tenant brings in hundreds of people each month for training, and they utilize other businesses in Eagan such as food and lodging during training sessions. He also stated that constructing a permanent structure is not financially feasible. Chair Chavez opened the public hearing. There being no public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Supina suggested that if the Amendment were approved, the applicant could come back in the future to request an extension. Member Dugan stated he has a business relationship with the applicant; however the applicant has not contacted him regarding the issue, therefore he will not be abstaining. He also stated concern if the term of the agreement is changed, risking a permanent storage situation. Member Keeley moved, Member Dugan seconded a motion to recommend approval of a Planned Development Amendment to allow outdoor storage of tractors and farm implements at 2955 Lone Oak Drive, legally described as Lot 1, Block 1, Blue Ridge 5th Addition, located in the SW '/4 of Section 1, subject to the conditions in the staff report: Following the motion and second, additional discussion occurred. Member Heaney stated he did not see much difference between 2012 and 2017. Member Keeley stated her belief that 2017 seems long for an interim use. Member Filipi stated that the difference between three and eight years was insignificant given the state of the economy and the desire of the applicant and City to keep spaces leased. He offered a friendly amendment to set the term of approval to October 31, 2017. Member Keeley stated her opinion that an 8-year term is too long for an interim use, and her concern for the precedent that would be set in this location and elsewhere. She rejected the friendly amendment to the motion to change the term from 3 years to 8 years. a3I Advisory Planning Commission August 25, 2009 Page 8 of 10 Member Supina agreed and suggested that the accessory structure which does not make financial sense with a three year lease should make more sense with an eight year lease. The motion remains as previously stated, Member Keeley moved, Member Dugan seconded a motion to recommend approval of a Planned Development Amendment to allow outdoor storage of tractors and farm implements at 2955 Lone Oak Drive, legally described as Lot 1, Block 1, Blue Ridge 5th Addition, located in the SW %4 of Section 1, subject to the conditions in the staff report: 1. The Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office, and proof of recorded shall be provided to the City. The following exhibits are required for the PD Amendment Agreement: • Site Plan 2. The outdoor storage terminates upon the expiration of the current lease October 31, 2012. 3. The outdoor storage shall be as indicated on the approved Site Plan dated July 9, 2009. 4. Trash dumpsters shall be relocated within the building or within an enclosure consistent with City Code by June 30, 2010. A vote was taken. Aye: Chair Chavez and Members Keeley, Heaney, Dugan, Daley, and Supina. Nay: Member Filipi Motion carried: 6-1. Member Piper abstained from voting on the motion. PLANNING REPORT CITY OF EAGAN REPORT DATE: August 19, 2009 CASE: 01-PA-10-07-09 APPLICANT: CSM Waters V, LLC HEARING DATE: August 25, 2009 PROPERTY OWNER: CSM Waters V, LLC APPLICATION DATE: July 15, 2009 REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: 2955 Lone Oak Drive COMPREHENSIVE PLAN: SA-O/S, Special Area - Office/Service ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow outdoor storage of tractors and farm implements at 2955 Lone Oak Drive, legally described as Lot 1, Block 1, Blue Ridge 5th Addition, located in the SW 1/4 of Section 1. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the advisory planning commission for its consideration and recommendation. BACKGROUND/HISTORY This property was part of the Laukka-Beck Planned Development which was established in 1985. With the City-wide update of the Comprehensive Guide Plan in 2001, the property was designated Special Area. The Special Area plan designates the site for office/service use. The property is currently zoned PD, Planned Development, and is generally considered similar to the BP, Business Park, zoning district. 01,6 Planning Report - CSM (John Deere) August 25, 2009 Page 2 A Final Planned Development for this building was approved in 2003 and the building was constructed in 2004. The development plans showed three buildings on a 20-acre site. The site has since been subdivided, leaving the subject property as a 7.5-acre parcel. The other two buildings also have now been constructed. EXISTING CONDITIONS The site is developed with an existing 45,000 sq. ft. warehouse/manufacturing building which was constructed in 2004. Access is provided via Lone Oak Drive. John Deere has occupied the north end of the building since 2005, and this facility is a vocational training center for their equipment. John Deere stores several large tractors, combines, and other farm equipment outside in the parking lot and loading area to the rear of the building. Staff also observed that the trash dumpsters are currently located outside behind the building, and not within an enclosure as required by City Code. The dumpsters should be relocated to within the building, or within an enclosure constructed to City Code standards. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Vacant PD, Planned Development SA, Special Area (O/S, Office/Service) South Office/Warehouse PD, Planned Development SA, Special Area (O/S, Office/Service) East Office (Ecolab) PD, Planned Development SA, Special Area (O/S, Office/Service) West Vacant and Office A, Agriculture and PD, SA, Special Area (RC, Retail Planned Development Commercial & BP, Business Park) EVALUATION OF REQUEST Description of Proposal - The applicant is r4 proposing outdoor storage of farm equipment in the parking lot and loading dock area of the building. John Deere occupies the north end of the building and utilizes this facility as a vocational training center for their equipment. According to the applicant, farm equipment r needed for training must be on site to be available for training classes. While training is conducted inside the lab space within the building, the indoor space is not large enough to store all of the farm equipment needed to accommodate their training Planning Report - CSM (John Deere) August 25, 2009 Page 3 needs. Therefore, some equipment is being stored outside in the parking lot and loading area behind the building. The applicant's narrative indicates up to 6 tractors, 2 combines, and large tires stored outside. The tire storage is needed because "the tractors have large dual tires that make the tractors too wide to store in the labs." According to the applicant, "the equipment is new and no maintenance of equipment will be conducted in the outdoor storage area." Code Requirements - As mentioned above, the subject area was intended to and has developed in a fashion consistent with the Business Park Zoning District which prohibits outdoor storage; however, because the property is zoned PD, the owner has the ability to request this PD Amendment. Outdoor storage typically requires a Conditional Use Permit (CUP). Within the PD zoning district, a PD Amendment serves in lieu of the conditional use permit. One of the criteria for issuing a CUP is that the proposed use "will be harmonious with the general and applicable specific objectives of the comprehensive plan and Code provisions." In addition, the City Code contains specific performance standards relative to outdoor storage which are listed below. '3 Site Plan - The Site Plan shows up to 6 tractors occupying 6 parking stalls in the southwest corner of the parking lot, and 2 combines and space for tractor tires in the loading area adjacent to the building. The storage is located on existing pavement. Compatibility with Surrounding Area - The proposed outdoor storage use does not appear to be compatible with the zoning of the property and the r~ 3 s F~ surrounding uses. The surrounding area consists of both vacant and developed lots. Within the Special Area, the property to the west is designated for Retail Commercial uses, the remaining surrounding area is designated for BP, Business Park, and O/S, Office/Service uses. As with BP zoning, the PD Agreement pertaining to this property does not permit outdoor storage. Public Benefit - According to the applicant's narrative, John Deere is a "successful and well respected" worldwide company that has been around for over 170 years. The narrative states "despite the dismal economy, John Deere continues to grow," and this growth has led to increased training classes at this facility. "each month, [their] training classes bring hundreds of people to the City of Eagan from Minnesota," and surrounding states." The applicant states that to remain in this location, John Deere must have the flexibility to store equipment outside on site. The outdoor storage "will have no negative impact on the subject or adjacent properties" and "would better utilize the land as this truck dock area normally would be vacant overnight and not used." a Planning Report - CSM (John Deere) August 25, 2009 Page 4 Outdoor Storage - City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as follows: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-I) and general industrial (1-2) zoning districts, the enclosure may be detached from the principal building. The outdoor storage area is not within an enclosure. b. The storage area shall be located in the side or rear yards and shall not encroach into any required f ont building setback area or other required setbacks. The proposed storage area is located in the rear yard and does not encroach into any required setbacks. c. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. There are no residential properties nearby and the outdoor storage area is screened from Lone Oak Drive by the building. d. The storage area shall not interfere with any pedestrian or vehicular movement. The outdoor storage area is located in designated parking spaces and adjacent to the building in the loading area. It does not interfere with pedestrian or vehicular movement. e. The storage area shall not take up required parking spaces or landscaping areas. The storage area occupies six parking stalls. The site currently exceeds minimum parking standards by approximately 20 stalls. Thus, the site has adequate parking to dedicate six stalls to outdoor storage f The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The area proposed for storage is a bituminous surface and is in good condition. Evaluation - Historically, the Laukka-Beck PD has called for a range of office, office/ showroom, and research and development uses. In keeping with this intent, the PD Agreement for this property specifically prohibits outdoor storage. While it appears that the proposal satisfies the performance standards for outdoor storage in the City Code with one exception, staff is concerned about the precedent of introducing outdoor storage in an area where that use is inconsistent with the City Comprehensive Guide Plan and the zoning ordinance. Consequently, staff has suggested to the applicant that the additional storage space sought for the tenant could be accommodated with construction of an accessory structure. Storage within a building is permitted within the PD and is consistent with the zoning. The applicant has indicated that construction of an accessory building, particularly of a size large enough to house a3L Planning Report - CSM (John Deere) August 25, 2009 Page 5 the tractors, combines and tires, is a significant investment for a tenant whose current lease runs just three more years. Alternatively, staff encourages City officials to consider allowing the outdoor storage as an interim use for the remainder of the current lease, which expires October 31, 2012. If the tenant continues to occupy and grow in this location for a longer term, their on-going storage needs may then warrant construction of the accessory storage building. SUMMARY/CONCLUSION In summary, CSM is requesting approval of a Planned Development Amendment to permit outdoor storage of tractors, combines and tractor tires at 2955 Lone Oak Drive. While the proposal largely satisfies the performance standards for outdoor storage in the City Code, it is contrary to the objectives of City policies and zoning. Staff is concerned that introducing outdoor storage in this area will erode the integrity of the Planned Development and surrounding development. Unlike a Conditional Use Permit, in PD zoning outdoor storage can be permitted as an interim use with a set termination date. This approach would accommodate the present use and lease arrangement without compromising the long-term development goals for the site and the surrounding area. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow outdoor storage of tractors and farm implements at 2955 Lone Oak Drive, legally described as Lot 1, Block 1, Blue Ridge 5"' Addition, located in the SW '/4 of Section 1. If approved the following conditions shall apply: 1. The Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office, and proof of recorded shall be provided to the City. The following exhibits are required for the PD Amendment Agreement: • Site Plan 2. The outdoor storage terminates upon the expiration of the current lease October 31, 2012. 3. The outdoor storage shall be as indicated on the approved Site Plan dated July 9, 2009. 4. Trash dumpsters shall be relocated within the building or within an enclosure consistent with City Code by June 30, 2010. Q,37 Eagan Boundary Right-of-way ¦ Location Map Parkel Area Park Area Building Footprint i IIILLL...JJJ711 ~ J y fl ~ ~ . d h`) ..~©QJ Sub'ect Site 0 w O a fl ~ o © o C Cj :m. cz, b o 4 ~ A v o 0 ~ ~ n a4Te m 0 m © 67 e UI 9 0 Q Lk a 1000 0 1000 2000 Feet Development/Developer: CSM Corporation Application: PD Amendment Case No.: 01-PA-10-07-09 N THIS MAP IS INTENDED FOR REFERENCE USE ONLY u, E City of Eapn The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. Community Development Department Current Zoning and Comprehensive Guide Plan Land Use Map CSM Corporation Pd Amendment 01-PA-10-07-09 Zoning Map P13 PD' Location Current Zoning: VA PD SA Special Area ,e A PD C.S.A.H. NO. 26 (LONE OAK R0. E tb 4a PD Ap ® ® c 181 1_~ a PD A tKNKK NWY. No. .•f 00 © ~ Q ep p ® © a 600 0 600 1200 het ~F, _ sr p Comprehensive Guide Plan Land Use Map SA 'SA Location - i. SI F r_ Current Land Use Designation: SA S you PD Planned Development C.O.A.N. NO.3. ONE OAK RO. RC Lp SA ' ° a m iy ® 4 ® Om IND 0 SA- O!S ata>E CONK WY. NO, ••O ~l3 600 0 600 7300 feet INn R ~ lnnm Ashh- w e..elrtcr la Rs Parcel base map Information provided by Dakota County Land Survey Department Decmber 2005. N Zoning information maintained by City Staff. THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of Eaaaa a 39 W E The City of Eagan and Dakota County do not guarantee the accuracy of this information. S r ' s~5 t:- 0 i r e~ "iv M b 1S s r ~ s 1D:(. 5 r W it 5 fir; ~w t*t -9111111 M191 1 1 111109 PHOTO OF PROPOSED OUTDOOR STORAGE AREA PROPOSED PARKING FOR 2 O COMBINEST RACTOR TIRES / r i i PROPOSED PARKING FOR (6) , r AGRICULTURAL TRACTORS cy D Z C SITE PHOTO OF PROPOSED OUTDOOR STORAGE AREA - STEPLAH WATERS V BUSINESS CENTER DRAM Jay 20" CsM MMMMMY:JOHN RIEM PR-1 PLANNED DEVELOPMENT AMENDMENT ~auiaMaxonrve EAGW MINNESOTA DECEIVED JUL 14 2009 PROJECT NARRATIVE Waters V Business Center Planned Development Amendment July 15, 2009 General Description of Request The Waters V Business Center was completed in the fall of 2004. In 2005, John Deere relocated their regional vocational training facility to Waters V. They occupy 24,768 square feet of the building. The facility is a vocational training center for John Deere's equipment. The training requires various farm implements to be used in the lab space. The farm equipment needed for training is delivered on flatbed trailers and pulled into the lab spaces for training classes. Access to the lab spaces is via two large 16 foot high by 24 foot wide overhead doors. Initially, all farm equipment was pulled into the lab spaces and not stored outside overnight. However, John Deere's business is growing and more training classes have been added. Because of this, additional farm equipment must be stored on-site to accommodate their training requirements. The building is not large enough to store all of the farm equipment. As a result, John Deere would like to store some of the farm equipment overnight in the loading dock area of the building. The equipment includes agricultural tractors and combines. Typically, there will never be more than (6) tractors parked in the parking spaces at the back of the truck dock area. They use combines for training only once a year and there will be no more than (2) combines parked in the loading dock area. In addition, the tractors have large dual tires that make the tractors too wide to store in the labs. John Deere would like the option to store these tires in the truck dock area. The planned development amendment is needed because the outdoor storage component was not part of the initial planned development approval. Tenant Description John Deere was founded in 1837 and is a worldwide company with more than 100 manufacturing and marketing operations in 28 countries. The company employs over 56,000 people worldwide. The facility located in the Waters V Business Center is a regional training center responsible for agricultural equipment, commercial equipment and consumer equipment. Their students are comprised of John Deere Dealership employees from Minnesota, Iowa, Wisconsin, North Dakota, and South Dakota. They conduct training classes in the areas of sales, parts, service and management. Timing/phasing We are requesting approval of the planned development amendment to allow the outdoor storage of farm implements and associated equipment at this facility. The tenant would like to begin storing this equipment immediately. Existing land uses on subiect property The existing land use is office/showroom/warehouse and is part of a planned development that was approved by the City Council in 2004. The John Deere use is administrative offices and vocational training. Q-; RECEIVED JUL 14 2009 G:\Home\Arch 2000\Projects-Active\Waters V\Tenants-Currentuohn DeereiPD Amendment 7-2009\pd amendment(Waters V).docmPage I of 3 PROJECT NARRATIVE Waters V Business Center Planned Development Amendment July 15, 2009 Surrounding land uses and zoning within 660 feet Review of the Comprehensive Land Use Plan indicates that the subject area is surrounded by property under the land use designation of SA, Special Area #1 - The Waters. Review of the Zoning Map indicates the subject area is surrounded by properties zoned PD, Planned Development. Impact of planned development amendment The planned development amendment to allow the outdoor storage function will have no negative impact on the subject or adjacent properties. All outdoor storage will be in the truck dock area of the building and will not be visible from any public streets. The adjacent areas are also truck dock areas, so there will be no negative effect on adjacent tenants. The farm equipment that is stored is new and no maintenance of equipment will be conducted in the outdoor storage area. In addition, there will be no adverse impact on City services such as sewer, water, storm water run-off and roads. Approval of the planned development amendment would better utilize the land as this truck dock area normally would be vacant overnight and not used. RECEIVED JUL 14 2OO1,1 G:\Home\Arch 2000\Projects-Active\Waters V\Tenants-Current\John Deere\PD Amendment 7-2009\pd amendment(Waters V).docmPage 2 of 3 (n PROJECT NARRATIVE Waters V Business Center Planned Development Amendment July 15, 2009 der . Public benefit John Deere is one of the United States' most successful and well respected companies. They are a worldwide company that has been around for over 170 years. Deere's amazing longevity and prosperity can be attributed to their core values of integrity, quality, commitment and innovation. Last year, John Deere was ranked in Fortune magazine as the most admired company in the industrial and farm equipment category. The magazine's list of attributes included quality of management, product and services, innovation, long-term investment value, financial soundness, people management, social responsibility, and use of corporate assets. Despite the dismal economy, John Deere continues to grow. Because of this growth, additional training classes have been added at the Eagan facility. Each month, these training classes bring hundreds of people to the City of Eagan from Minnesota, North Dakota, South Dakota, Wisconsin and Iowa. These people utilize Eagan's public amenities such as hotels, shopping centers and restaurants. To remain at the Eagan location, John Deere must have the flexibility to store farm implements in the truck court of their facility. John Deere looks forward to continued growth and hopes to maintain their partnership with the City of Eagan. RECEIVED JUL 14 2009 (3?,W rrent'John Deere\PD Amendment 7-2009\pd amendment(Waters V).docmPage 3 of 3 G:\Home\Arch 2000\Projects-Active\Waters V\Tenants Cu 7 Agenda Information Memo September 1, 2009, Eagan City Council Meeting E. ORDINANCE & FEE SCHEDULE AMENDMENT (SANITARY SEWER SERVICE INSPECTIONS) ACTION TO BE CONSIDERED: Adopt an Amendment to City Ordinance Section 3.40 (Rules & Regulations relating to Sanitary Sewer Service), authorize its publication by the City Attorney and Approve an Amendment to the 2009 Fee Schedule. FACTS: • The Metropolitan Council of Environmental Services (MCES) implemented an Infiltration & Inflow (I&I) Mitigation and Surcharge Program on February 8, 2006. I&I relates to extraneous clean water entering the sanitary sewer system either through ground water (Infiltration) or direct flow connections (Inflow) such as private individual sump pumps. • One significant program in I&I mitigation is to inspect the private sewer systems within our community. This has been commonly referred to as a "Sump Pump and Service Lateral Inspection Program" (SP&SLIP). Many communities have already implemented this type of inspection and enforcement program. Eagan has approximately 18,800 private connections to its sewer system which can take 7 to 10 years to complete on a citywide basis. • Implementation of an individual service inspection program requires the passage of an appropriate ordinance to insure access onto private property and necessary enforcement measures to insure compliance with the required separation of I&I from allowable sewage disposal. • The City Council first addressed this issue at the July 21 Council meeting and directed it to their August I l Workshop for further discussion. As a result, they subsequently directed staff to prepare the appropriate Ordinance Amendment for formal consideration at the Sept. 1 Council meeting. • The current Ordinance Amendment was drafdted by the City Attorney's office to more specifically address the full spectrum of I&I, including definitions, restrictions, requirements, inspections, corrections and compliance enforcement actions/penalties. • In conjunction with the adoption of this proposed ordinance amendment, it is also recommended that the current Fee Schedule be amended as well to incorporate the various surcharges associated with non compliance enforcement. Agenda Information Memo September 1, 2009, Eagan City Council Meeting ORDINANCE AMENDMENT - SANITARY SEWER SERVICE INSPECTIONS (Continued) ISSUES: • City Staff is still evaluating meter readings from several rainfall events that have occurred during August to see if there are certain sanitary sewer districts that might be more cost effective in implementing the Pilot Inspection Program than the 3 that were preliminarily presented at the Aug. 11 Workshop. Staff plans to formally present the recommended areas for the Pilot Inspection Program within the next 30 days along with the public education and notification materials for Council's consideration to allow the inspection program to begin. ATTACHMENTS: • Proposed Amendment to Ordinance 3.40, pages throughC c~. • Proposed Amendment to the 2009 Fee Schedule, pagesC' and a55 . a~~ ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER THREE ENTITLED "MUNICIPAL AND PUBLIC UTILITIES - RULES AND REGULATIONS, RATES, CHARGES AND COLLECTIONS" BY AMENDING SECTION 3.40 REGARDING RULES AND REGULATIONS RELATING TO SANITARY SEWER SERVICE; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 3.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Three is hereby amended by modifying Section 3.40 to read as follows: Sec. 3.40. Rules and regulations relating to sewer service. Subd. 1. Definitions. The following terms, as used in this section, shall have the meanings stated: A. Sewage means water-carried waste products from residences, public buildings, institutions or other buildings or premises, including the excrement or other discharge from the bodies of human beings or animals, together with such groundwater infiltration and surface water as may be present. B. Industrial waste means any liquid, gaseous or solid waste substance resulting from any process of industry, manufacturing, trade or business, or from development of any natural resources. C. Sewer system includes all street lateral, main and intersecting sewers and structures by which sewage or industrial wastes are collected, transported, treated and disposed of; provided that this shall not include plumbing inside or a part of a building or premises served, or service sewers from a building to the street lateral. D. Sewerage service means the use of and benefit from the sewer system, including the collection, transportation, pumping, treatment and final disposal of sewage. E. Clear water means storm water; natural precipitation; melting snow; ground water; water flow from a roof, ground surface, subsurface drainage, down spout, eave trough, rainspout, yard drain, sump pump, foundation drain, yard fountain, pond, swimming pool cistern overflow, or any other water that is not required to be treated by state or federal law. a4l Subd. 2. Metered water not discharged. If a portion of the water furnished to any premises is not directly or indirectly discharged into the sewer system, the quantity of such water shall be deducted in computing the sewerage service charge or rental, provided a separate meter shall be installed and operated to register the quantity not so discharged into the sewer system. Provided also, that where it is not practicable to meter the portion of the water not discharged into the sewer system, such adjustment may be made as shall be fair and equitable in order to determine the amount of such service charge or rental; but until such adjustment shall be effected that water consumption basis hereinbefore prescribed shall remain in full force and effect. Subd. 3. Classification of industrial wastes. The city shall have the power to classify the industrial wastes from any lot, parcel of land, building or premises discharged therefrom into the sewer system of the city, taking into consideration the quantity of sewage produced and its concentration, strength of river pollution qualities in general and of any other factors entering into the cost of its disposal, for the purpose of fixing and prescribing a distinct rate of rental or use charge, should it be found that as to such sewer uses the water basis consumption does not provide a practicable method in the premises, but until so determined and such distinct rate fixed, the water consumption basis hereinbefore prescribed shall remain in full force and effect as to such commercial or industrial users. Subd. 4. Deleterious substances. No sewage, including industrial wastes, shall contain any substance which is deemed deleterious by the city to the operation of the sewer system or to any plant or facilities used in the treatment or disposal of such sewage. If a user of the sewer system discharges excessive loads or any deleterious substances therein which are likely to retard or injuriously affect sewerage operations, he shall discontinue such practice, and such practice is hereby declared to be a violation of this section. Each day of such violation continuing after the violator having been notified in writing by the city administrator to discontinue such practice shall be deemed a separate violation. Subd. 5. Unlawful discharge. It is unlawful to discharge any of the following described wastes into the sewer system: A. Liquids having a temperature higher than 150 degrees Fahrenheit. B. Water or waste which contains more than 100 ppm by weight of fat, oil or grease. C. Gasoline, benzene, naphtha, fuel oil or other inflammable or explosive liquid, solid or gas. D. Garbage, except such as has been properly shredded. E. Ashes, cinders, shavings, feathers, tar or other liquid or viscous substance capable of causing obstruction to the flow in the sewer system or other interference with the proper operation of the system. F. Noxious or malodorous substances capable of creating a public nuisance. G. Roof water-, groundwater-, or- any other- natwal .Clear water. 2 aq-9 Subd. 6. Unmetered water supply. If any premises discharges normal sewage or industrial waste into the sanitary sewer system, either directly or indirectly, obtains part or all of the water used thereon from sources other than the city, and the water so obtained is not measured by a meter of equivalent specifications to the meters used by the city, then in such case the city shall permit the discharge of normal sewage or industrial waste into its sanitary sewer system only when the owner of such premises or some other interested person shall at his own expense installs and maintains for the purpose of metering such water supply a water meter of equivalent specifications to those installed by the city in connection with the city water system. Each water meter shall be installed to measure all water received on such premises, and the above charges and rates shall be applied to the quantity of water received as measured by such meter. If, because of the nature of the source of the water supply, the city deems it impracticable to thus meter the water on any premises, the council may by resolution establish a flat charge per month in accordance with the estimated use of water on such premises. Subd. 7. Size, kind and depth of pipe. The city may prescribe the size, kind and depth of sewerage service pipe and connections. The minimum size, when placed underground, shall be four inches in diameter. Subd. 8. Additional rules and regulations. The council may, by resolution, adopt such additional rules and regulations relating to placement, size and type of equipment as it, in its discretion, deems necessary or desirable. Copies of such additional rules and regulations shall be kept on file in the office of the city administrator, and uniformly enforced. Subd. 9. Connections. It is unlawful for any person to uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city. All costs and expenses associated with the installation and connection to a sewer system shall be the responsibility of the property owner benefiting from the installation and connection. The property owner shall indemnify and hold harmless the city from any loss, claim, damage and/or expense that may, directly or indirectly, be occasioned by the installation and/or connection of a sewer service line. All connections to the city sewer system shall be inspected by city authorized personnel. All excavations necessary for the installation and/or inspection of sewer service shall be safely and adequately stabilized and protected with necessary barriers so as to protect the public from any potential hazard. All restoration associated with the installation of this sewer connection shall be the responsibility of the benefited user and shall be performed to the specifications of the city. Subd. 10. Clear Water Discharge Prevention and Prohibition. A. Discharge Requirements. 1. No clear water, as the term is defined in this Section, shall be discharged, directly or indirectly, into the City's sewer system. 3 a4-j 2. All sump pump systems within the City shall meet the following requirements: a. No sump pump system shall discharge any water into the City's sewer system; b. The sump pump system design shall provide and operate year-round discharge of water through a permanently installed discharge line from the interior of the structure to the exterior of the structure from which the clear water is discharged either onto the property which the sump pump system serves or directly into the City's storm sewer system by direct connection thereto or into the abutting city street for discharge into the street drainage, provided approval was first obtained by the Public Works Director; c. The sump pump system's permanent discharge line shall be made of solid, nonflexible material and shall not have any connection fittings as to permit alterative flow path subsequent to installation; and d. If the sump pump system discharge line is connected directly to the City's storm sewer system upon approval by the City, then the discharge line shall have a check valve which shall be located within the property's boundaries and not within the public right-of-way. B. Inspections. 1. Inspections Required. Any property within the City that is connected to the City's sewer system shall be subject to a compliance inspection to determine whether the property's discharge of its clear water is in compliance with this Section and is not discharged into the City's sanitary sewer system. The property owner or occupant shall permit the City's designated inspector on the property and within any structure thereon to complete the inspection. The compliance inspection shall occur within 30 days of written notice from the City that a compliance inspection is required on the property. The compliance inspection shall occur at a time and in the manner as reasonably determined by the city inspector. In lieu of a compliance inspection by the ci inspector, the property owner or occupant may have the prope inspected, at the sole expense of the owner d or occupant by a private licensed plumber who shall inspect the property an file a Certificate of Compliance, on a form provided by the City, within 30 days of the City's notice of the required inspection. The private licensed plumber who conducts the compliance inspection shall certify on the 4 Certificate of Compliance that the property's discharge of clear water is in compliance or noncompliance with the provisions of this Section. In the event that the inspector cannot complete the compliance inspection because the sewer "cleanout" is not readily accessible as required by the state building code, the owner or occupant shall take all necessary steps to make the sewer cleanout readily accessible for the re-inspection to be completed within 30 days of the date the inspector was at the property to conduct the initial inspection. If the owner or occupant fails to make the sewer line cleanout accessible for inspection, such failure shall constitute a failure to comply with inspection requirements and subject to the monthly surcharge set forth herein. 2. Failure to Comply with Inspection Requirements. If the property owner or occupant fails to permit or have completed a compliance inspection, the City may apply to the district court for an appropriate administrative search warrant authorizing the City to enter the property to conduct the inspection. 3. Re-inspections. In the event that the discharge of clear water on the property is not in compliance with this Section, a second compliance inspection shall be completed within 60 days of the notice of noncompliance to determine if the necessary corrections have been made and compliance with this Section has been met. The second compliance inspection shall be subject to the requirements set forth above. Thereafter, the property shall be subject to re- inspections on an annual basis to confirm continued compliance. Properties that are in compliance shall also be subject to re-inspections to confirm continued compliance. C. Corrections. Upon notice that the discharge of clear water on the property is not in compliance with this Section, the owner or occupant of the property shall immediately cease from discharging clear water in violation of this Section and shall make the necessary repairs and corrections to discharge the clear water in accordance with this Section. Discharge of clear water in compliance with this Section shall be completed within 60 days of the date of notice of noncompliance. D. Inspections with building permits. If a city inspector is on a property for the purpose of a building permit inspection, the ci , inspector has the authority to inspect the property for compliance with this Section without further notice to the property owner or occupant. E. Surcharges. A monthly surcharge in an amount duly adopted by City Council and set forth in the City's Fee Schedule shall be assessed against the property on which clear water is discharged in violation of this Section. The monthly surcharge will be charged on the property's municipal utili billing statement. A monthly surcharge 5 ~5~ will be assessed and charged as follows: (1) an inspection as required herein has not been allowed by the property owner or occupant or a Certificate of Compliance has not been filed with the City within 30 days after the City's notice of inspection; (2) the property owner or occupant fails to make the sewer line cleanout readily available for the inspection; (3) the necessary corrections have not been made within the time specified; and (4) the property owner or occupant reconnects a clear water discharge line to the City's sanitary sewer system after it has been previously disconnected at the City's or a court's direction. A surcharge will be assessed for every month during which the property is not in compliance or the property owner has not made the sewer line cleanout readily available for the inspection, whether the non-compliance has existed for the entire month or a portion thereof. The monthly surcharge for a re-connection will be charged for each month beginning with the month in which the inspection was completed or a Certificate of Compliance was filed confirming the previous disconnection through the end of the month in which the reconnection is subsequently disconnected. F. Temporary waiver. The City may grant a temporary waiver from the provisions of this Section where strict enforcement would cause a threat of damage or harm to other property, the environment, or public safety because of circumstances unique to the individual property or due to weather conditions. A written request for a temporary waiver must be first submitted to the public works director specifying the reasons for the temporary waiver. If a temporary waiver is granted, the property owner shall pay an additional fee for sewerage service charges based on the number of gallons discharged into the City's (sanitary sewer system as estimated by the public works director. The additional sewerage service charge fee shall be twice the rate of the base sewage service charge multiplied by the number of estimated gallons of clear water discharge. The public works director may set conditions to the temporary waiver. The public works director may terminate the temporary waiver upon a failure to comply with any conditions imposed on the temporary waiver. The public works director must give a 5-day written notice of the termination to the property owner and occupant setting forth the reasons for the termination. After expiration or termination of a temporary waiver, the property owner shall comply with the provisions of this Section. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 3.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. 6 a~a~ ATTEST: CITY OF EAGAN City Council By: Maria Petersen By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 7 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on September 1, 2009, at 6:30 p.m. The following members were present: Maguire, Hansen, Bakken, Fields and Tilley; and the following were absent: none. Member introduced the following resolution and moved its adoption: RESOLUTION AMENDING CITY OF EAGAN 2009 FEE SCHEDULE: ADDING CLEAR WATER DISCHARGE MONTHLY SURCHARGES WHEREAS, Section 3.40, Subd. 10, of the City Code provides for clear water discharge monthly surcharges to be established by City Council resolution; and WHEREAS, in official action at its regular meeting held on December 16, 2008 the City Council approved a 2009 Fee Schedule; and WHEREAS, the City desires to amend the adopted 2009 Fee Schedule to add the clear water discharge monthly surcharges; NOW, THEREFORE, BE IT RESOLVED, that the clear water discharge monthly surcharges be adopted and the 2009 Fee Schedule be amended to add the following: * * * * Clear Water Discharge Monthly Surcharges: Inspection Not Completed (assessed each month that an inspection not allowed): Single family $150 Non-single family $500 as~- Correction Not Made (assessed each month that noncompliance remains): Single family $150 Non-single family $500 Prohibited Re-connection Made (assessed each month from date of previous disconnection through month in which re-connection discontinued): Single family $300 Non-single family $1000 ADOPTED by the Council this day of , 2009. Mike Maguire, Mayor ATTEST: Maria Petersen, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor: Maguire, Hansen, Bakken, Fields and Tilley; and the following voted against the same: none. WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER SEPTEMBER 1, 2009 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA PG 1. APPROVE EDA Minutes ~J~ 2. APPROVE License Agreement for Cedarvale Lanes to Permit Use of City Property for Parking Purposes Pending Redevelopment D. OLD BUSINESS 1. SOUTHEAST EAGAN REDEVELOPMENT DISTRICT - Consider t Discontinuation of District E. NEW BUSINESS P,Aa 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Updated Preliminary Concept Plan for Hotel Project F. OTHER BUSINESS G. ADJOURN a5L Agenda Information Memo Eagan Economic Development Authority Meeting September 1, 2009 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. 1. APPROVAL OF MINUTES - The minutes of the August 18, 2009 EDA meeting are enclosed on pages c 2. APPROVE LICENSE AGREEMENT FOR CEDARVALE LANES TO PERMIT USE OF CITY PROPERTY FOR PARKING PURPOSES PENDING REDEVELOPMENT • During the period of decline in the Cedar Grove Redevelopment District, Cedarvale Lanes began an informal practice of permitting late night parking on the adjacent gas station property at 3830 Sibley Memorial Highway. While the Bowling Center property is adequately parked per City Code, the success of league bowling results in overflow parking between league games on busy evenings. • Following the EDA's acquisition of the gas station property in 2008, the Cedarvale Lanes owners approached staff about continuing that practice, pending redevelopment of the property. This was done initially through an informal arrangement in which the business owner agreed to take on maintenance of the site for his use and provide a certificate of insurance naming the City/EDA as an additional insured. PPS 7 • Ultimately a redevelopment plan will need to account the heavier parking demand for this business either through a formal shared parking arrangement or other means. In the meantime, it is in the interest of the project to meet this need of the business. • In consideration of the fact that the redevelopment of the credit union site will likely take longer than originally anticipated and to formalize the relationship between the parties, staff and the owners have negotiated a license agreement to permit the parking to continue, while maintaining the insurance requirement and permitting termination of the agreement upon 30 days notice. • In consideration, too, of the condition of the area as demolition and removal of other structures continues and new development has not yet begun and the desire not to add costs for the remaining businesses in the interim, the agreement was drafted without a rental payment requirement. At such time as Phase I redevelopment begins to occur and/or the redevelopment of the credit union is undertaken in particular, more formal cross easement arrangements will be considered and appropriate compensation for it will be identified. ATTACHMENTS: • Location map on page • License Agreement on page through MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota August 18, 2009 A meeting of the Eagan Economic Development Authority was held on Tuesday, August 18, 2009 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioner Bakken, Commissioner Tilley and Commissioner Hansen. Also present were Executive Director Hedges, Community Development Director Hohenstein and City Attorney Dougherty. ADOPT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of the August 3, 2009 EDA meeting as presented. 2. It was recommended to approve the Stipulation of Settlement with American Accounts for the valuation of 3904 and 3906 Cedarvale Drive. OLD BUSINESS CEDAR GROVE - PARCEL PURCHASE AGREEMENT FOR APARTMENT PROJECT Community Development Director Hohenstein discussed purchase agreement with Doran Pratt Development for the Cedar Grove Apartment Project. Commissioner Tilley moved, Commissioner Hansen seconded a motion to adopt the findings of fact, conclusions and resolution to approve the Parcel Purchase Agreement with Doran Pratt Development LLC for the Cedar Grove Apartment Project in the Cedar Grove Redevelopment District. Aye: 5 Nay: 0 s9 NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT LICENSE AGREEMETN FOR JENSENS SUPPER CLUB PARKING Community Development Director Hohenstein discussed the license agreement to permit parking for Jensen's Supper Club on City owned property at 3880 Sibley Memorial Highway. Commissioner Fields moved, Commissioner Bakken seconded a motion to approve a license agreement to permit parking for Jensen'sSupper Club on City owned property at 3880 Sibley Memorial Highway and authorize the Authority officers to execute the appropriate documents. Aye: 5 Nay: 0 OTHER BUSINESS There were no Other Business items. ADJOURNMENT Commissioner Hansen moved, Commissioner Tilley seconded a motion to adjourn the meeting at 9:15 p.m. Aye: 5 Nay: 0 Date Thomas Hedges, Executive Director a1QO ry t C' Deinotished [Uildlr t, Subject Parking Area eh13., c :a . { .:i yl Cedarvale Lanes 2 f4 a F. j' . ,p~I y ~^4 l ~ 4 71, II C 4~ 0 35 70 140 Exhibit A I I I moo," Feet Parking Area for Cedarvale Lanes/EDA License Agreement N "I~l LICENSE AGREEMENT FOR PARKING 40 This License Agreement for Parking ("Agreement") is made this Z7- day of August, 2009, by and between Eagan Economic Development Authority, a Minnesota public body corporate and politic, ("EDA") and Cedarvale Bowl, Inc., a Minnesota corporation ("Licensee"). WHEREAS, the Licensee is the owner of real property located at 3883 Cedar Grove Parkway in the City of Eagan, Dakota County, Minnesota, depicted as "Cedarvale Lanes" on the sketch attached hereto as Exhibit "A" and incorporated herein; and WHEREAS, EDA is the owner of real property located in the City of Eagan, Dakota County, Minnesota, depicted as the "Subject Parking Area" on the sketch attached hereto as Exhibit "A" and incorporated herein (hereinafter the "Property"); and WHEREAS, the Licensee has requested a license from EDA to use the Property for vehicular parking; and WHEREAS, EDA is willing to grant the license to the Licensee, subject to the terms and conditions contained herein; NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, EDA and Licensee agree as follows: 1. License for Ingress, Egress and Parking Purposes. EDA hereby grants to the Licensee, for the benefit of the Licensee and its employees, guests and invitees, a non-exclusive license to use the Property only between the hours of and for purposes of ingress, egress and vehicular parking. 2. Condition of Property. EDA makes no warranty or representation to the Licensee regarding the condition of the Property or the suitability of the Property for ingress, egress or vehicular parking or for any other purposes. 3. Maintenance. The Licensee shall maintain the portion of the Property used for ingress, egress and vehicular parking in a safe and orderly condition, including but not limited to removal of snow, ice and debris, repair of potholes, and repair and maintenance of all driving, parking and walking areas, at the Licensee's sole cost and expense. 4. Improvements. The Licensee may install directional and parking signs, lighting, and other improvements to facilitate the use of the Property for parking purposes (collectively the "Improvements") in conformance to the City's regulations and standards, at the Licensee's sole cost and expense. Prior to installation of any Improvements, the Licensee shall submit plans and specifications to the City and obtain approval from the City's planning and engineering staff. Prior to any excavation on the Property, the Licensee shall call Gopher State One Call and have underground utilities marked. Upon termination of this Agreement, the Licensee shall remove from the Property all Improvements installed by the Licensee. If any Improvements remain on the Property after termination of this Agreement, the City may dispose of the Improvements at the Licensee's sole cost and expense, without any liability to the Licensee. 2 5. Damage to Property. The Licensee shall be liable to EDA for any costs, damages and reasonable attorneys' fees incurred by EDA as a result of damage to the Property caused by the Licensee or its employees, guests or invitees in connection with this Agreement. 6. Insurance and Indemnification. The Licensee shall maintain comprehensive liability insurance in the minimum amount of $1,000,000.00 naming EDA as an additional insured and shall provide a copy of the insurance certificate to EDA contemporaneously with the execution of this Agreement. Such insurance shall be provided by an insurance company acceptable to EDA. The Licensee shall indemnify and hold EDA harmless from any and all claims arising out of or related to the use of the Property by the Licensee and its employees, guests and invitees. 7. Termination. EDA may terminate this Agreement upon thirty (30) days written notice to the Licensee. 8. Payment of Costs. The Licensee shall reimburse EDA for all costs and expenses incurred by EDA in connection with enforcing this Agreement, including, but not limited to, EDA's attorneys' fees. 9. Survival of Obligations. The Licensee's obligations under this Agreement shall survive the expiration or earlier termination of this Agreement. [Signature pages follow] 3 IN WITNESS WHEREOF, the undersigned have executed this Agreement. Cedarvale Bowl, Inc., a Minnesota corporation Dated: X- By. ent Prentice Its: President STATE OF MINNESOTA ) ss. COUNTY OF U/ ) The foregoing instrument was acknowledged before me this day of 2009, by Brent Prentice, the President of Cedarvale Bowl, Inc., a Minnesota corporation, on behalf of the corporation. Notar P b is Carolyn Smith Jordan NOTARY PUBLIC MINNESOTA MY COMMISSION EXPIRES JAN.31 2010 ~I - 4 rl Eagan Economic Development Authority Dated: By: Mike Maguire Its: President Dated: By: Thomas L. Hedges Its: Executive Director STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2009, by Mike Maguire and Thomas L. Hedges, respectively the President and Executive Director of Eagan Economic Development Authority, a Minnesota public body corporate and politic ("EDA"), on behalf of the EDA. Notary Public THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley MN 55124 (952) 432-3136 (MDK) 206-4768 5 Demolished Bu'ildin'g Subject Parking Area x t4~.~~' jr fw ~,r .y_ .an Cedarvale'Lanes X try:. ot, OVA 0 35 70 140 Exhibit A Feet Parking Area for Cedarvale Lanes/EDA License Agreement N Agenda Memo Eagan Economic Development Authority Meeting September 1, 2009 Old Business 1. SOUTHEAST EAGAN REDEVELOPMENT DISTRICT - CONSIDER DISCONTINUATION OF TIF DISTRICT ACTION TO BE CONSIDERED: To direct staff and the City Attorney to prepare a resolution for the discontinuation of the Southeast Eagan TIF District. FACTS: • The City authorized the creation of the Southeast Eagan Renewal and Renovation District on May 16, 2006 to provide a funding mechanism to assist with the extraordinary costs associated with the assembly and redevelopment of properties in the area of Red Pine Lane and Biscayne Avenue. • The boundaries of the district are defined by lot lines created by the Revestors' Red Pine Crossing subdivision. That being the case, Dakota County cannot certify the TIF District until the subdivision is recorded. Since 2006, Revestors has requested a number of extensions for finalizing and recording the subdivision, while they pursued the anchor tenant for the development. • While neither the City Code nor Minnesota Statutes has a timeline beyond which the actions terminate, City staff has advised the developer of the need to take these steps in a timely manner in consideration of research and findings by Ehlers and Associates and the City's bond counsel regarding the potential effect of a substantial delay between the approval of a TIF district and its certification. Their findings are outlined in the staff letter of December 18, 2007, which is attached. • In order to address the concerns outlined, the EDA has set deadlines for completion of this process beginning on February 1, 2008. Since that time, extensions have been granted on several occasions in consideration of Revestors making step-wise progress toward the Final Subdivision. The matter appeared to be resolved with the Council approval of the Final Subdivision of the Red Pine Crossing project on February 17, 2009. Following that action, a number of delays by the developer and his consultants caused the final subdivision to not be delivered to the County until late June. • Unfortunately, because the developer owes both delinquent and current taxes on the property, the County cannot record the subdivision and, as a consequence, the County still cannot accept the City's request for certification of the TIF district. The developer indicates that he is in the process of pursuing payment of the taxes with his investors, but payment has not been made at the time of packet preparation. • At this time, nearly 3'/z years have passed since the approval of the district and 1 `/2 years since the February 1, 2008 deadline. For the reasons outlined in the staff letter, it is in order for the EDA to consider whether to discontinue the district. 0~(p 9 Since the district has never been certified, it may be discontinued by a resolution of the EDA. • To date, the only contractual relationship between the City and the developer has been a Preliminary Development Agreement dated August 1, 2005 and having a one year term, which called on the parties to work together to consider alternatives for the redevelopment of the area between Hwy 3, Red Pine Lane, Biscayne Avenue and the former Gun Club Road. • The agreement contemplated the possible negotiation of a Redevelopment Agreement that would have defined specific obligations on the part of the developer and the City, but it did not create any obligation on the part of the City to provide financial or other assistance in the absence of such an agreement. No Redevelopment Agreement has been negotiated or agreed to by the parties. • If the district is discontinued, no increment would be captured for use in offsetting the costs anticipated when the district was originally approved and the developer would be obligated to absorb any costs for assembly and demolition that might otherwise have been eligible for reimbursement. • The discontinuation of the TIF district does not prohibit the developer from proceeding with the development of Red Pine Crossing through private financing sources. ATTACHMENTS: '7 • Location map and aerial photo on paged/ througIP~ c • Staff letter to developer on pagO through • Preliminary Development Agreement on page througlx a7D 19 11 (qo'e) (0022) 4 16d1a 5oorsi (0020) 2 ~euc4) IoBt6) (0026) Va A ~ X26) Oe`~~ (OP1G), PARTO 020-82 PART OF (w16) !1~ 02062 roon> w 4 w z m P*2 3 021-79 M013) 2 rooo rob 1p OZ P . t(~. 10015) 1 rooo9) 2 roolo> Feet Southeast Redevelopment Area 0 250 500 and TIF District No. 1-City of Eagan, Dako Redevelopment Area County, State of Minnesota TIFArea a71 t r.4 1 y ar 3 ty'.x„ ry. i R 1 ~ELM (e) Cry . 2006 Piotomet'Y lntemational Corp. feet ~icu =189.0 Average Scale. City of Eaall Mike Maguire December 18, 2007 MAYOR Paul Bakken Mr. Tim Anderson Peggy Carlson Revestors Realty Cyndee Fields 3000 County Road 42 West, Ste. 300 Meg Tilley Burnsville, MN 55337 COUNCIL MEMBERS Thomas Hedges Dear Tim: CITY ADMINISTRATOR The City of Eagan is excited about the potential Red Pine Crossings redevelopment in the Southeast Eagan Tax Increment Financing District. In particular, I appreciate your update concerning you negotiations with a grocery anchor and I look forward to hearing more about that, when it is at a point at which you can share more information. That having been said, I wanted to write to confirm our conversation about concerns the City has about the timing of the development and the City's ability to have the TIF District MUNICIPAL CENTER certified. Pilot Knob Road Eagan, MN 55122-1810 As you are aware, the City adopted the TIF District on June 6, 2006. The request to the 651.675.5000 phone County for certification of the District is dated October 19, 2006. The County has not 651.675.5012 fax and cannot complete the request because final parcel numbers are not available. The 651.454.8535 TDD certification of the District remains incomplete because parcel numbers are not available. Currently the TIF Law does not have a maximum length of time from when the District MAINTENANCE FACILITY is adopted to when the certification of a TIF District is complete. However, in recent 3501 Coachman Point discussions with the representatives from the Office of the State Auditor (OSA), Eagan, MN 55122 districts have been scrutinized when the request for certification is delayed for nearly 651.675.5300 phone two years after the adoption of the District. 651.675.5360 fax 651.454.8535 TDD In addition, the Tax Bill proposed last year included language that would impose a 60 day maximum to complete the request for certification. The OSA expects that language will again be introduced in the 2008 Legislative Session. At this time we do not know www.cityofeagan.com the specific proposed language or the proposed effective date if adopted. The City desires to preserve its ability to consider providing tax increment assistance for the proposed Red Pine Crossings project and other projects within the District. If at a future date the OSA determines that the District is not in compliance with Minnesota Statutes, the City could be forced to terminate the District; therefore, eliminating its E LONE OAK TREE ability to consider assistance. The symbol of strength and growth in our community. To complete the certification, the City needs the final parcel numbers for the District. In order to provide this to the County, Revestors needs to complete the platting process. The City would like to have this process completed by February 1, 2008, so the request for certification can be completed. If the platting process is not completed by that date, the City Council will need to consider taking action to terminate the District. Please provide a timeline for moving forward with the platting process; negotiation and execution of a development agreement and ultimate development of the site. If you have questions or would like to schedule a meeting to further discuss this matter, please contact me at 651-675-5653. Sincerel on Hohenstein Community Development Director Cc: Tom Hedges, City Administrator Gene Van Overbeke, Director of Administrative Services Mike Ridley, City Planner Robert Bauer, City Attorney Rebecca Kurtz, Ehlers and Associates 97 4- PRELIMINARY REDEVELOPMENT AGREEMENT THIS PRELIMINARY REDEVELOPMENT AGREEMENT ("Agreement") is made and entered into as of the IS day of -s+ , 2005, by and between EAGAN ECONOMIC DEVELOPMENT AUTHORI , a Minnesota municipal corporation, and the CITY OF EAGAN, a Minnesota municipal corporation (collectively referred to as the "City"), and COMMERCIAL PROPERTY DEVELOPMENT CORPORATION, a Minnesota corporation, and REVESTORS REALTY, LLC, a Minnesota limited liability company (collectively referred to as the "Redevelopers"). The City and Redevelopers shall hereinafter be referred to as the "Parties." WHEREAS, Redevelopers own a portion of the property located in the Southeast Eagan area bounded by Highway 3, Red Pine Lane, Biscayne Avenue and Gun Club Road (the "Redevelopment Property") as generally depicted on Exhibit "A;" and WHEREAS, Redevelopers have approached the City to determine whether it is beneficial to the Parties to designate the Redevelopment Property as a "redevelopment district;" and WHEREAS, the City is willing to consider such a designation, provided that the Redevelopers submit an escrow deposit to cover all costs to review the proposal. NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: BASIC TERMS AND CONDITIONS The following is a list of the terms and conditions under which the City will analyze Redevelopers request to designate the Redevelopment Property as a redevelopment district, including the responsibility and roles of the respective participants regarding the proposed redevelopment of the Redevelopment Property. 1. REDEVELOPMENT PROPERTY. The properties proposed to be redeveloped are the properties depicted in Exhibit "A" and more fully described in the legal descriptions attached hereto as Exhibit "B" ("the Site"). The exact dimensions and square footage of the Site shall be determined by survey. The Parties agree that the Site may be enlarged to include other lands at the mutual agreement of the Parties. 2. UNDERTAKING AND EXCLUSIVE RIGHTS. In consideration of the time, effort and expenses to be incurred by the City in pursuing the undertakings set forth herein and in further consideration of the amount of $20,000.00 paid by Redeveloper to the City (the "Deposit), the receipt of which is hereby acknowledged, the City hereby agrees that for the term of this Agreement it will not: (i) provide or enter into an agreement for provision of financial assistance to any third party in &7S connection with any proposed development within the Site; and (ii) condemn or agree to proceed with the condemnation of any property within the Site to assist or facilitate development within such area by a third party. During such period the Redeveloper shall have the exclusive right to make a specific proposal and negotiate the terms of a Redevelopment Agreement for the Redevelopment Property. Said exclusive rights shall continue, unless earlier terminated as provided herein, for a period of twelve (12) months from the date hereof, or until such later date as the Parties may mutually agree. Such determination shall be made at the sole discretion of the City and shall not be subject to challenge by the Redeveloper. The City has no obligation hereunder to enter into any Redevelopment Agreement in any form and the Redeveloper acknowledges that the City has not made any commitments in that regard. 3. THE PROJECT. The Project will consist of the redevelopment of the Site and may include residential, mixed use and retail. Building use and design may be limited in order to accommodate traffic impact within the Site. Building design will be consistent with designed standards adopted by the City as may be modified from time to time. 4. ANALYSIS FOR PUBLIC ASSISTANCE. Although the City is not presently making any commitment whatsoever to provide a specific type, level or amount of public assistance that may be available for the Site. However, upon submission of the Deposit referred to in paragraph 2 above, the City will work with the Redevelopers to determine if public assistance is available to the Project. The City intends to retain the services of Faegre & Benson LLP, Ehlers & Associates, Inc. and Severson, Sheldon, Dougherty & Molenda, P.A. (collectively referred to as the "Consultants") upon the execution of this Agreement. Consultants are being retained to assist with legal matters pertaining to the Project. Ehlers & Associates, Inc. is being retained to assist the City in the technical matters such as project management, financial feasibility, potential district creation, certification and sizing, tax increment calculations, "but-for" analysis, and other factors pertaining to any claim for economic assistance. The City will reimbursement itself from the Deposit for all costs and expenses incurred by the City in connection with all costs incurred by the Consultants. 5. Examples of public assistance that may be available in connection with the redevelopment include the following: a. Site Assembly. The City will consider acquisition of portions of the Site based upon terms and conditions acceptable to the City which terms and conditions will be contained in the Redevelopment Agreement. Acquisition may be through negotiated purchase, or condemnation or a combination. Acquisition by the City shall be considered only after the Redevelopers have demonstrated good faith efforts to purchase the property, and these efforts have been unsuccessful. -2- 2Q LP b. Tax Increment Financing. The City will consider in good faith establishing a tax increment financing district to support the Project; and agrees to give due consideration to any such request. Without in any way binding the City to any particular type, form or amount of TIF subsidy, the City acknowledges that, in prior discussions between the parties. c. Grants. The City will, upon request of the Redevelopers, consider in good faith applying for any and all available grants, including, but not limited to, livable communities grants, DTED environmental remediation grants, community development block grants, and any other grants as may be available to pursue the redevelopment of the site. 6. TERMINATION. This Agreement may be terminated prior to its expiration by the City as to all or a portion of the Redevelopment Property upon the giving of written notice to the Redevelopers that the Redevelopers are not diligently pursuing the redevelopment of the portions of the Redevelopment Property. The Redevelopers shall have a reasonable time, but in no event less than 30 days to affect a cure of such default, or to demonstrate that it is diligently pursuing such cure. The City may also terminate this agreement for the failure of the Redeveloper to make any payment due in accordance with Paragraph 4 above. 7. LEGISLATIVE JUDGMENT. The Redevelopers understand that many of the actions which may be necessary for the Project and may be contemplated by a Redevelopment Agreement involves matters of the discretion by the City Council of the City, and in some instances, its legislative judgment. Such actions may only be made following established procedures, and the City cannot and does not agree, in advance, to any specific decision in such matters. 8. NOTICES. All communications shall be directed to the Redevelopers at: Commercial Property Development Corporation 1915 Plaza Drive Eagan, MN 55122 And Revestors Realty, LLC 18170 Jannevar Court Lakeville, MN 55044 All communications shall be directed to the City at: Eagan Economic Development Authority Attn: Thomas L. Hedges, Executive Director 3830 Pilot Knob Road Eagan, MN 55122-1810 -3- aZ And City of Eagan City Hall Attn: Jon Hohenstein, Community Development Director 3830 Pilot Knob Road Eagan, MN 55122-1810 IN TESTIMONY WHEREOF, the Parties hereto have set their hands as of the date and year first above written. EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By: Pat Geagan Its: 'dent By: Thomas L. Hedges Its: Executive Director CITY OF EAGAN, a Minnesota municipal corporation By: Pat Geagan Its: Mayor By: C IU~'U Maria Petersen Its: Clerk COMMERCIAL PROPERTY DEVELOPMENT CORPORATION, a Minnesota corporation ~Q.. By: L' G w Its: (y~(j -4- a-T0 REVSETORS REALTY, LLC, a Minnesota limited liability company By: Its: STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this j day of , 2004, by Pat Geagan and Thomas L. Hedges, the President and Executive Dire or of the Eagan Economic Development Authority, a Minnesota municipal corporation, on behalf of the municipal corporation. JULIE STRID NOTARY PUBLIC MINNESOTA My Commission Expires Jan 31 2010 Notary blic STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) S V The foregoing was acknowledged before me this I i day of , 2004, by Pat Geagan and Maria Petersen, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. J' STRID ~ti NOTAR, ;SL MINNESOTA , My Commission Expires Jan 31.2010 Notary ublic STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this 2 9i 4L day of -;5LA'LLA , 2005, by 2),r N o aCgk , the C.h\ck 1=-)(e QV-, OPfi of Commercial Property Development Corporation, a Minnesota corporation, on behalf of the corporation. MARCIA R. GRUTZA NOTARY PUBLIC • MINNESOTA My Commission EVift Jan. 31, 2010 -5- a-i 9 STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of , 2005, by DW6 a..S U) . A A &,(5M the 9t-eG ck of evestors Realty, LLC, a ` innesota limited liability company, on behalf of the limited liability company. 1- Not r Public ora.a Aft MARCIA R. GRUTZA NOTARY PUBLIC • MINNESOTA My Commission E#w Jan. 31, 2010 THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432-3136 (RBB: 206-4768) -6- ,--Ago 11 A0~1 ~0m 4 moomfi~,. ac mzp 6ma 5 Pao ~~e\ W PART OF W 020-82 J „mil QijN 0 mom 5 ( ~w 1 `"J 41 SUBJECT X14 © 4 AREA 1 oo0) 1 OD 3 [ 2 021-79 Pooh IOtI)I > 0002) 1-03 0002) 2 2 aoon Polo) U 0~~3 co mr. `'ryW+l 1 ( m moow P012) GUN CLUB RD TEl 014-81 0 125 250 500 CityofEaaau Feet EXHIBIT A Southeast Eagan Area Agenda Memo Eagan Economic Development Authority Meeting New Business September 1, 2009 1. CEDAR GROVE HOTEL CONCEPT PLAN ACTION TO BE CONSIDERED: To approve (or deny) a Revised Preliminary Concept Plan for a hotel development in the Cedar Grove Redevelopment District and provide direction to staff and the developer regarding the submission of a development plan application. FACTS: • At its meeting on March 16, 2009, the City Council and EDA approved a Preliminary Concept Plan for Phase I presented by the Doran Pratt partnership for the redevelopment of the core area of the Cedar Grove Redevelopment District. At that meeting and a subsequent meeting on April 7, the EDA provided input and direction regarding further refinement of the concept in anticipation of development application submittal. • Subsequently, on June 17, 2009, Doran Pratt submitted a development application for a Preliminary Planned Development reflecting the uses defined by the preliminary concept plan (apartment, hotel and senior housing) and incorporating a central gathering/park space as directed by the EDA and a Preliminary Subdivision to create the parcels for the apartment project, park and senior housing project. That application is under review at this time and will be scheduled for Commission and Council review when financing for one or more of the elements within the plan is secured. • At the same time, Doran Pratt and City staff have continued to work with a prospective development partner, Sanjay Patel, to further develop plans for the hotel element of the project. • Consistent with the approved Preliminary Concept Plan for Phase I of the development, Mr. Patel is proposing to build two 80 unit hotel buildings, connected by a common area that would house a pool, meeting rooms, a possible restaurant and other amenities. The layout and architectural features are intended to reflect the City's Cedar Grove Zoning District Standards and Design Guidelines regarding facades, roof lines, building materials and set backs. The concept provides for the possibility of up to 7,000 s.f. of retail space on the first level of the hotel facing Cedar Grove Parkway as well as a public plaza area at the intersection of the Parkway and Cedar Grove Boulevard, facing the Hwy 13 and Silver Bell entrance to the area. Mr. Patel's architect indicates that he used a public domain image for the plaza area in the concept elevations (white colonnade and statue) and that he plans to do an actual design that would draw together the City's entrance monumentation and the building architecture in a subsequent version of the plans. • As with other projects within Cedar Grove and other redevelopment districts, a concept plan review before the EDA is appropriate, to permit the EDA to consider preliminary plans and graphics and provide feedback to the developer and staff as they move forward as~~k with development plans and applications. Concept reviews do not presuppose the outcome of a development application review, but they do provide an opportunity for the EDA to provide feedback as to features or refinements that could be considered as the plans move toward application and to raise red flags, if there are any. ATTACHMENTS: • Development District and Core Area Map on page • Approved Preliminary Core Area Concept Plan on page • Site Plan Exhibit from Preliminary PD Application on p e • Hotel Site Plan and Elevations on pagesc~? o througl 7 (City Council packets include a bound color set of these exhibits). 03 `M'AY Is Y 'M1.tiD" i r sYFZ VWA[WPs{'Nr '4IIR PowIMarll.vk RueHS DAA t1.. gNES LL NM6s 111. !PhlS 7{Wtt' N Ali ~+y~~' A%I}1ED WIAMR SO SPk.E}+p'~4 PDHD ULLDI/,AR •D 4 4 4 G G F G - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - NVTA 0.P,u 4. nn¢Y D no.e~s Foy- r Pn¢K 47 xhces yWEPBIDB~r ~o ~n„aS mnlHa AuEY Ntr NY.aLb PmEflRl/N WR 7AR}~ EK *~gISPA<ES eIOLD 7.11 eoAO -i iRML SENIOR NOU}IN4 -b.4 WAES Mq{f6T-¢ME APn0.TM Rr$-13 g1tc} MI RU'CMMMER4nl}It'c • 9DU11RS INDBPEMCBIT yVIU(T •tap-'M¢EE S1q.Y/it, aplr EIDaS. 7 PA¢U3S-4.9 Ac¢ES 'Io U11 RS ASSISTED LIJIUC . Esp 0Mm Tvt+IL • TPA Pwt-34x1 HO,ELS yD UHITS DTAL Pnatl T 8t Rm} i 06 2mM}OOP t5o tTr.n}ty "'F DMI _ p1NN tonne- AMC-1.S so E4c oso Pn¢rrN4 ~l.D PER IMDEI. WIT Ilb -WOE Ph¢KIN4 / e.D PFT D41I SAOD SDCO Sc •lHavs~UY.ln~ ¢2sT. 14b SJ/fASE PARUati / p.EyIDe-T a* 0pEEIi4 EST 49b TPn' PAfKlA1h. / I.e PEi uNIT TolnL P -P-0- : Lbb }PN£s X~IFti Pn¢FIN4-'. 216 SPq S/I.i PK RuIM L11i TCI11L Pg0.RJAR5•/ .5 PER uW IT P.ETAIL PARFIU t', 50 ~PAI£5/Io.o PE]C low SF "MM Cedar Grove Canw Plan I " I I pure' Pratt Homes Redevelopment w RIV...r \ \ art ~ / 7 / - +y~s r r TT. Y h C G n per ge i\r rS>1 . / IrpI'I~ _ A /r r l'. j/ o"M ee, EI l V ?~S a l ~ff . Cedar Grove District and Core Area Map % M Core Area Boundary I -Core Area Parcel _ District Building l 11 1T a 11~I I Redevelopment District Bp i / I -.T i IV II ` 0 100200 400 600 800 NlfdCotsu _ \k/ N~ ~i A t A X11 t I I I I I I I Feet L .2009 W95M d P,OI...M,A 59(00•.. I. W 4e xou,r b,!,, ENRM;: GOPHER STALE ONE CALL TRUNK 1,3 EXIST. POND MATCH EXIST. EXIST. POND ROADWAY AT WEST SIDE OF LOT " REL---- ETAIL REA FnS COMMER IAL AREA 4.13 AC ES / •TWO 4- TORY HOTELS RETAIL OPS SENIOR HOUSING PUBLIC B.D/ ACRES PARK .34 STORY BUILDING • KING 2.36 ES MATCH EXIST. I60-22D UNITS - - ROADWAY A\iJ~u' [XVSrwG Q RDARVALF _ A eorA D _t Z MATCH EXIST. ROADWAY REALIGN CEDAR GROVE PARKWAY TO INTERSECT WITH RELOCATED CEDAR CEDNR GRO E ARKWAY GROVE BOULEVARD APA T ENTS O V BUILDINGS 5 Y O A .UN U R RDN PAWNING •t U o' ,ao' aoP' wR' X"` 1 oP 1~ Cedar Grove 06/17/09 I I I I I Doran Companies Preliminary P.U.D. Preliminary .I R9d 920 = P.U.D. Plan W/t ad w~~ 06/1970 41951 aoominema, NI.nmM 31U5 us... MI. - L 4 ~ n 1 Cedar Grove Development Minnesota Hospitality, Inc. Fargo, ND ipw 24 oil .{gyp ~l The Design Dpt10ns ,l t2Ohit Shah uare Drive 0 2441 Madison Sq Fargo-ND tON.COM RONiT@TDEDESIGNOYr Birds Eye View ment Cedar Grove DelOP Inc. Minnesota Hospitality, Fargo, IUD Ib rl Site Plan N The Design Options Rohit Cedar Grove Development Shah 2441 Madison Square Drive Fargo,ND Minnesota Hospitality, Inc. Fargo, ND ROHIT@THEDESIGNOPTION.COM F TF IPA R Northeast Perspective 0 The Design Options ison R 41 Madiso Cedar Grove Development 0 ?d41 MadShah n Square Drive Minnesota Hospitality, Inc. Fareo.ND Fargo, ND ROHIT@THEDESIGNOPTION.COM 9-) Q) goes Oil !tl~ ~ ~ aii=iil ~t 7711 fr' fr The Design Options .x4sC. + Rohit Shah 2441 Madison Square Drive Fateo,ND Northwest Perspective ROHIT@TH6DFSIGNOpTbON.COM Cedar Grove Development Minnesota Hospitality, Inc. Fargo, ND 1z gyp{; py~+ +rr. R' -~/C - ~i1 -51 rr . W'~ i South East Perspective ® The Design Options Cedar Grove Development 22441 Madison 2441 Square Drive Minnesota Hospitality, Inc. Farno ND ROH I T Cn? TH E D E S I G N O PT I ON. C O M Fargo, ND 31 --Q 9) W-M y d North Elevation 0 The Design Options Cedar Grove Development Rohit Shah 2441 Madison Square Drive Minnesota Hospitality, Inc. Fargo.ND Fargo, ND ROHIT06THEDESIGNOFTION.COM So- l~' tc-aA'°' ;.ice ~ kt a r~a,4. x ~ ,N , " titi ~ ~ ~t'i t ~ ~`w 4,~~+.~tt tr itY~ + k~,~ 7v 4.b „ a5 i' f f ~•w: 31 i~r4Eti' ,p~yj ~'h Sq lap, rin ® n n n n MOW n n- n n ~,n. n n n ~m n e n_ n gin. `4I y µn -t n n iiP ~ ~&."".M °~f kkJ. v n n n~-- East Elevation .'M The Design Options Rohit Cedar Grove Development Shah 2441 Madison Square Drive Minnesota Hospitality, Inc. Fargo.ND Fargo, ND ROH IT @ THEDES I GNOPTION.COM .A VOW South Elevation The Design Options Rohit Shah Cedar Grove Development 2441 Madison Square Drive Minnesota Hospitality, Inc. Fareo,ND RO H IT@ T H ED ES I G N O PT I O N.CO M Fargo, ND •-Q West Elevation 0 The Design Options Rohit Shah Cedar Grove Development 2441 ] Madison 2441 Square Drive Minnesota Hospitality, Inc. Fargo.ND ROHIT @TH EDES IGNOPTION.COM Fargo, ND .S) Agenda Information Memo Eagan Economic Development Authority Meeting September 1, 2009 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. aa-T