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10/06/2009 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING OCTOBER 6, 2009 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE 4. 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) ea A. APPROVE MINUTES ea B. PERSONNEL ITEMS -Ali C. APPROVE Check Registers I'a0 D. SET public hearing date for November 2, 2009 to certify delinquent false alarm bills P.a1 E. SET public hearing date for November 2, 2009 to certify delinquent weed cutting bills Pa F. SET public hearing date for November 2, 2009 to certify delinquent board up bills ea3 G. SET public hearing date for November 2, 2009 to certify delinquent refuse removal bills f 8LL H. SET public hearing date for November 2, 2009 to certify delinquent utility bills f251. APPROVE change in management on the on -sale liquor license at Granite City Restaurant Operations, Inc. dba Granite City Food & Brewery, 3330 Pilot Knob Road pJ. APPROVE the City's partnership with Argosy University to host the 2010 Sustainability in Business Conference and waive the conference room rental fee for the use of the Eagan Community Center on January 8-9, 2010 -e__31 K. APPROVE resolution requesting distribution of Eagan share of DCC undesignated fund balance by check nip L. DETERMINATION of no action on resolution to discontinue Southeast Eagan Redevelopment District P.3g M. APPROVE final payment and authorize City maintenance of Contract 09-01 (2009 City -Wide Street Overlays) 39 N. APPROVE final payment and authorize City maintenance of Contract 09-02 (2009 City -Wide Street p Overlays) r,D O. RECEIVE final assessment roll and schedule public hearing (November 2, 2009) for Project 974 (Federal/ Washington/ 81st Street - Street Improvements) l,4 P. RECEIVE final assessment roll and schedule public hearing (November 2, 2009) for Project 975 (Marice/ Sherman - Street Improvements) $4a Q. RECEIVE final assessment roll and schedule public hearing (November 2, 2009) for Project 1006 (Knoll Ridge Drive - Street Improvements) P43 R. RECEIVE Traffic Study, authorize preparation of plans & specifications and approve federal funding agreement for Contract 09-18 (Duckwood Drive/Federal Drive — Bridge/Street Improvement) ?41 S. APPROVE plans & specifications for Contract No. 09-20 (Fire Station No. 2 — Site Grading & Utilities) €SOT. AWARD Contract 09-19 (existing Rain Gardens — Curb Cuts/Inlets) 1 S1 U. AWARD Contract 09-21 (Fish Lake & Thomas Lake — Sediment Removal/Water Quality Improvements) esq V. RECEIVE petition for easement vacations and schedule public hearing (November 2, 2009) for Eagandale Center Industrial Park No. 16 e 54.W. APPROVE Final Plat for Hidden Horse Stable PSS% X. APPROVE address change for Body Art Establishment, Rockin Tattoos, to 3390 Coachman Road, Suite 210 CA Y. APPROVE Amendment to Tower Lease Termination Agreement ftp( Z. AWARD Contract 09-14 (2009 Rain Gardens — Schwanz Lake) elp. AA. AWARD Contract 09-07 (Storm Water Management Plan Storm Sewer Improvements). V. PUBLIC HEARINGS P%4 B. P8i c. e Qa D. f•���E. Q ItylF. FINAL ASSESSMENT FINAL ASSESSMENT FINAL ASSESSMENT FINAL ASSESSMENT Street Improvements) FINAL ASSESSMENT FINAL ASSESSMENT ROLL for Project 982 (St. Francis Woods Addition - Street Improvements) ROLL for Project 1002 (Pinecrest of Eagan Addition - Street Improvements) ROLL for Project 973 (Windtree Addition - Street Improvements) ROLL for Project 980 (Hampton Heights/ Stoney Point/ Blackhawk Glen Additions ROLL for Project 1000 (Grace Drive - Street Improvements) ROLL for Project 1003 (Blue Gentian Road - Street Improvements) VI. OLD BUSINESS VII. NEW BUSINESS aqA. LIQUOR LICENSE REVOCATION HEARING - Consider revocation of off -sale liquor license for MT Liquory of Eagan LLC (Melina To), 1629 Lena Court, Suite 105. .10.13B. CONDITIONAL USE PERMIT — Oak Hill Church — Schad Tracy Signs — A conditional Use Permit to allow a pylon sign located at 1570 Yankee Doodle Road on Lot 1, Block 1, Oak Hills church 2"d Addition. 12141 C. FINAL PLAT AND CONDITIONAL USE PERMIT — Service Masters Clean — Hedden St. Paul Properties — A 1 Conditional Use Permit to allow outdoor storage of company vehicles and Final Plat of approximately 3 lots to create one parcel located at 3205 Mike Collins Drive on Lots 17-19, Block 3, Eagandale Center Industrial Park No. 4. )0'. INTERIM USE PERMIT — Northwood Business Park — Paramount Real Estate — An Interim Use Permit for a term of 5 years to allow outdoor storage of tenant vehicles located at 3265 Northwood Parkway on Lot 1, Block 1, Northwood Business Park 3m Addition. 19.172 E. ORDINANCE AMENDMENT — An amendment to Chapter 6.39 regarding massage therapy licensing. VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY - There are no items at this time. 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 441/* City of Ea�au Neva TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 2, 2009 SUBJECT: AGENDA INFORMATION FOR OCTOBER 6, 2009 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the October 6, 2009 City Council agenda, the following items are in order for consideration. Agenda Information Memo October 6, 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 September 15, 2009 regular City Council meeting, minutes of the August 11, 2009 Special City Council meeting, and minutes of the September 8, 2009 Special City Council meeting and minutes of the September 22, 2009 Special City Council Retreat as presented or modified. ATTACHMENTS: • Minutes of the September 1, 2009 regular City Council meeting are enclosed on pages through �. • Minutes of the August 11, 2009 Special City Council meeting are enclosed on pages 7 through 1 1 . • Minutes of the September 8, 2009 Special City Council meeting are enclosed on pages through 5— . • Mi Utes of the Se tember 22, 2009 Special City Council Retreat are enclosed on pages through ( ( . MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 15, 2009 OR,q FT 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. Bill Coleman and LaDonna Boyd of Dakota Future were present to discuss the Intelligent Community Initiative program. Council and staff were invited to attend a project launch celebration on October 9. A regular meeting of the Eagan City Council was held on Tuesday, September 15, 2009 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Tilley, Bakken and Hansen. Councilmember Fields was absent. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted there would be an addition to the Consent Agenda. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 RECOGNITIONS The participants of the Emergency Management Training Institute were recognized. Police Chief McDonald provided an overview of the training. CONSENT AGENDA Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as amended. Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the September 1, 2009 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Lindsay Grange and Luke Nelson as Police Officers. C. It was recommended to ratify check registers dated August 27, 2009 and September 3, 2009 as presented. D. It was recommended to approve a Joint Powers Agreement with the State of Minnesota, acting through the Minnesota Bureau of Criminal Apprehension (BCA), to join a multiagency task force combating internet crimes where children are victims. E. It was recommended to accept a $600.00 grant from the Target Corporation. F. It was recommended to approve a resolution accepting a $3,092 donation from Gopher Resources for the purchase of rescue equipment for the Fire Department. G. It was recommended to approve a Preliminary Subdivision (Cedar Grove Park and Ride) to create a 9 acre lot located at Cedar Grove Parkway and Nicols Road on MnDOT right-of-way, subject to the conditions listed in the APC minutes; and to approve a Final Subdivision (Cedar Grove Park and Ride) to create a 9 acre lot located at Cedar Grove Parkway and Nicols Road on MnDOT right-of- way. H. It was recommended to approve a Final Subdivision (Norton Heights) of 1.4 acres to create two single family lots for property located at 1505 Lone Oak Road. I. It was recommended to approve a Final Subdivision (Rustin Norvin Oaks) of .87 acres to create two single family lots for property located at 4870 Rusten Road. 09-23 City Council Minutes September 15, 2009 Page 2 DRAFT J. It was recommended to receive the Final Assessment Roll for Project 972 (Lone Oak / Waters Area — Street Improvements) and schedule a public hearing to be held on October 20, 2009. K. It was recommended to receive the Final Assessment Roll for Project 976 (Avalon / Burnside Avenues — Street Improvements) and schedule a public hearing to be held on October 20, 2009. L. It was recommended to receive the Final Assessment Roll for Project 977 (Robin Lane — Street Improvements) and schedule a public hearing to be held on October 20, 2009. M. It was recommended to receive the Final Assessment Roll for Project 978 (Eagandale / LeMay Lake — Street Improvements) and schedule a public hearing to be held on October 20, 2009. N. It was recommended to receive the Final Assessment Roll for Project 979 (LeMay Lake / Lunka — Street Improvements) and schedule a public hearing to be held on October 20, 2009. O. Receive the Final Assessment Roll for Project 1001 (Opperman Drive — Street Improvements) and schedule a public hearing to be held on October 20, 2009. P. It was recommended to approve a 120 -day extension of time to record the final plat for Valley View Plateau Plat 3, located at 1469 and 1467 Highview Avenue. Q. Item Removed. R. It was recommended to approve the 2010 Parks and Recreation Department CIP. S. It was recommended to approve a contract for architectural and civil engineering services with JAL Architects LTD for services related to the design and construction of a service building in Central park and authorize the Director of Parks and Recreation to sign the appropriate documents. T. It was recommended to accept and authorize the recommendations of the Public Works Committee from the September 8 Committee meeting. U. It was recommended to award Contract 09-06B (Wandering Walk Park — Wetland Bank Planting) to Applied Ecological Services, Inc., for the base bid amount of $19,714.86 and authorize the Mayor and City Clerk to execute all related documents. V. It was recommended to schedule a hearing for October 6, 2009 to consider the revocation of an off - sale liquor license for MT Liquory of Eagan LLC, dba MT Liquory, located at 1629 Lena Court #105. PUBLIC HEARINGS LOTS 20 & 21, BLOCK 1, CHATTERTON PONDS TRAIL EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of public trail easements on Lots 20 and 21, Block 1 Chatterton Ponds. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to close the public hearing and approve the vacation of public trail easements on Lots 20 and 21, Block 1 Chatterton Ponds and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 There were no Old Business items. OLD BUSINESS NEW BUSINESS CERTIFICATION OF PRELIMINARY 2010 BUDGET AND PROPERTY TAX LEVY City Administrator Hedges discussed the preliminary 2010 General Fund budget and tax levy. He noted that the next regularly scheduled meeting at which the levy and budget will be discussed is the City Council meeting of Tuesday, December 1 at 6:30 p.m. in the Council Chambers. The meeting at which City Council Minutes September 15, 2009 Page 3 JRAff the final levy and budget will be determined is the City Council meeting of Tuesday, December 15 at 6:30 p.m. The public will be allowed to speak at these meetings. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the preliminary payable 2010 property tax levy as follows: Aye: 5 Nay: 0 General Revenue Levy $ 26,266,882 Community Center bonds debt service 1,198,103 Cedarvale Special Services District 3,000 Total Levy $27,467,985 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the preliminary 2010 General Fund expenditure budget, including contingency, of 27,677,400. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Bakken seconded a motion to set the date for the public hearing for the 2010 levy and budget as December 1 and the date for the final adoption of the 2010 levy and budget as December 15, 2009. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION (EAGAN FIRE STATION NO. 2 PLAT 1) CITY OF EAGAN City Administrator Hedges introduced this item regarding a Preliminary Subdivision to separate approximately six acres from a 75 -acre parcel to create a four -acre parcel and associated right-of-way dedication for property at the southwest corner of Yankee Doodle Road and Wescott Woodlands. City Planner Ridley gave a staff report. Mel Wong, 942 Wild Rose Court asked about the distribution of housing units. Claus Newman, 3450 Wescott Woodlands stated that he is in favor of the Fire Station but was concerned about the extension of Wescott Woodlands to Wescott Hills Drive. Staff addressed the questions of the residents. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision to separate approximately six acres from a 75 -acre parcel to create a four -acre parcel and associated right-of-way dedication for property located at the southwest corner of Yankee Doodle Road and Wescott Woodlands, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standard conditions of play approval as adopted by Council on February 2, 1993: Al, B1, B3, C1, C3, G1, H1, and 11. 2. The property shall be platted. 3. Pedestrian access shall be provided to the existing trail system along Yankee Doodle Road. 4. The Preliminary Planned Development shall be amended prior to development of Lot 1. 5. Prior to development of the lot, the EAW shall be completed and the negative declaration made by the City Council on the need for an EIS shall have been made. SOUTHEAST EAGAN REDEVELOPMENT DISTRICT RESOLUTION TO DISCONTINUE TIF DISTRICT City Administrator Hedges provided background information regarding the Southeast Eagan Redevelopment District. Community Development Director Hohenstein reconsideration of discontinuing the Southeast Eagan Redevelopment District. Community Development Director Hohenstein requested that this item be continued until October 6, 2009 to allow completion of the recording process by the developer at Dakota County. 5 DRAFT City Council Minutes September 15, 2009 Page 4 Councilmember Bakken moved, Councilmember Fields seconded a motion to continue consideration of a resolution for the discontinuation of the Southeast Eagan TIF District until October 6, 2009. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. There were no items requiring action. ADMINISTRATIVE AGENDA VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Bakken seconded a motion to adjourn the meeting at 7:30 P.m. Date Administrative Secretary / Deputy Clerk MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, AUGUST 11, 2009 5:30 P.M. EAGAN ROOM — EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Superintendent of Utilities Schwanz, Public Works Director Colbert, Community Development Director Hohenstein, Communications Director Garrison, Fire Chief Scott, Deputy Fire Chief DiIoia, City Engineer Matthys, Director of Parks and Recreation Seydell Johnson and Chief Financial Officer Pepper. I. ROLL CALL AND AGENDA ADOPTION City Administrator Hedges noted the need for a Closed Session on the proposed E -TV relocation. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 5; Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. MNDOT PROPOSAL FOR NOISE WALL (WEST SIDE 35-E AND DIFFLEY ROAD) City Administrator Hedges introduced the item noting that in 1995 the Minnesota Legislature passed a statute with regard to sound abatement along highways. As a result of this legislation, MnDOT completed a Metro Noise Study, identifying the highest impacted areas that offer the most potentially cost effective opportunities for future noise mitigation. Hedges noted that MnDOT is now proposing to construct a sound wall in 2014 along the west side of Interstate 35-E, north of Diffley Road in Eagan. Public Works Director Colbert introduced representatives from MnDOT and provided a history of the MnDOT Noise Abatement Program. Colbert noted that nine sites were identified in Eagan. Representatives from MnDOT provided an overview of the proposed wall which will be built in 2014 and noted that the City would be responsible for 10 percent of the cost, while MnDOT would pay for 90 percent of the cost. The City Council discussed the proposed wall and expressed their interest. The Council discussed upgrades to the wall, to which MnDOT responded that the City would be responsible for such upgrades. The Council also discussed accelerating the Noise Wall Project to capitalize 7 Special City Council Minutes August 11, 2009 Page 2 on the current bidding environment. MnDOT noted that such acceleration would be possible; however, the City would be required to pay the costs and MnDOT would reimburse the City in the 2014 timeline. The representatives from MnDOT summarized the prioritization study that was completed to determine the ranking system for the Noise Wall Program. There was City Council consensus to program the 10 percent costs in the 2014 CIP. The Council also directed the item to the Public Works Committee for discussion regarding the financing and special assessment policy, as well as the design concepts for the wall. Public Works Director Colbert noted that an open house is scheduled for September 17, 2009 to receive feedback from the impacted neighborhoods. The Council asked that the open house be taped for E -TV for those citizens who may have an interest in a noise wall in the future. The Council requested that notice of the meeting be provided in a general geographic area with Diffley on the south extending north of the wall and residents on both the east and west side of I - 35E. IV. CITY-WIDE SUMP PUMP INSPECTION PROGRAM City Administrator Hedges introduced the item noting the Metropolitan Council of Environmental Services (MCES) implemented an Infiltration and Inflow (I&I) Mitigation and Surcharge Program in 2006. Hedges added that I&I relates to extraneous clean water entering the sanitary sewer system either through ground water (Infiltration) or direct flow connections (Inflow) such as sump pumps. Hedges also noted, that as a result of a significant rain event in 2005, the City of Eagan was determined to have an excessive rate of flow to the Seneca Waste Water Treatment Plant that exceeded our peak flow allocation and, as a result of this exceedance, the MCES determined that the City of Eagan will be required to spend approximately $1.7 million over five years to either mitigate our internal I&I or pay that amount to the MCES for their equivalent expansion of the MDS. Public Works Director Colbert provided additional background on the I&I Mitigation and Surcharge Program. He also noted that an early violation of the City's sewer collection system indicated that approximately 70 percent or more of the identified excessive flow might relate to the Minnesota Zoo. Colbert added that the Zoo has spent approximately $250,000 in mitigative efforts 2007-2008. Colbert added that the next progressive step in the I&I mitigation is to inspect the private sewer system within the community, which is commonly referred to as a "Sump Pump and Service Lateral Inspection Program". Alva Rankin of SEH provided a summary of the proposed details of an inspection program within the City of Eagan. Mr. Rankin noted the importance of educating the public on the necessity of the program. Special City Council Minutes August 11, 2009 Page 3 Superintendent of Utilities Schwanz responded to questions of the City Council with regard to the proposed sump pump program. Mr. Schwanz proposed a pilot program for the City Council's consideration which would address three areas within the community: Lone Oak, Alexander Lift Station, and the Country Hollow neighborhood. Public Works Director Colbert provided an overview of an ordinance modification that would be needed to implement the proposed Sump Pump and Service Lateral Inspection Program. The City Council discussed the proposed Sump Pump and Service Lateral Inspection Program, noting the importance of understanding how the financing and cost sharing would work for the future. Public Works Director Colbert noted that a demand charge would be assessed to the City by MCES in 2013 if the City's I&I has not been corrected by that time. The City Council discussed the appropriate level for the City's financial participation in making repairs identified through the inspection program. There was City Council consensus to proceed with the formulation of a tiered pilot program for the Sump Pump and Service Lateral Inspection Program. Following the pilot program, the Council requested cost estimates identified through the program in order to determine financing at that time. It was suggested that if improvements are necessary following the inspection program, such improvements could be assessable with a 5 to 10 -year amortization. The Council provided direction to proceed with the ordinance revisions to begin the process for the Sump Pump and Service Lateral Inspection Program. The Council also directed staff to proceed with the educational process for such a program. The City Council recessed at 7:40 p.m. The City Council reconvened at 7:56 p.m. REVIEW PROPOSED DESIGN FOR FIRE SAFETY CENTER City Administrator Hedges introduced the item noting that staff is seeking feedback from the Council on the proposed concept for the Fire Safety Center. Fire Chief Scott provided a brief history on Fire Station No. 2 and the response time concerns that the City has experienced. Representatives of SEH Architects and Bossardt Construction Management highlighted the proposed site plan and elevations for the Fire Safety Center. Mr. Tom Ginter, of Bossardt Construction Management, reviewed the proposed $8 million budget for the facility. Mr. Ginter also reviewed the environmental features of the facility and highlighted the potential for "green" certification options. 4 Special City Council Minutes August 11, 2009 Page 4 The City Council discussed the proposed site plan and energy efficient features, and consensus was provided that any environmental features should result in long-term energy and operational savings. There was City Council consensus to proceed towards green globe certification for the facility. VI. 2010 DRAFT GENERAL FUND BUDGET City Administrator Hedges introduced the item noting that the preliminary budget is not in its final form as historically has been the case during the on-going discussions of the amended 2009 budget and the proposed 2010 General Fund budget. Hedges added that a retreat of the City Council and Department Directors will occur on September 22 to discuss the impact of the budget contraction on service delivery. The City Council discussed their goal of fiscal independence, noting that the City can no longer rely on the state's market value homestead credit. City Administrator Hedges summarized the proposed early retirement -separation plan intended to lower the staff compliment in the City. Hedges reviewed the comparative summary of expenditures and revenues, mid -year reductions made to the 2009 budget, per capita expenditure comparisons, and property tax comparisons. Director of Administrative Services VanOverbeke reviewed the payable 2010 market value and tax capacity. VanOverbeke noted that the average market value of an Eagan home is $256,958, compared to $275,828 market value in 2009. VanOverbeke added that the average home will see a $38 City tax increase in 2010, pending City Council consideration. VanOverbeke also noted that the lost state market value homestead credit contributes approximately $33 to the increase on an average home. The City Council noted that if they did not have to levy back the lost state monies, residents would have seen a decrease in their 2010 taxes. Mr. VanOverbeke highlighted the proposed revenue and expenditure appropriations, and summarized the personnel within the General Fund, which makes up approximately 75 percent of the total City budget. VanOverbeke noted the salary freeze being proposed for non -collective bargaining employees in 2010. VanOverbeke noted the 8.2 FTE positions that have been reduced in 2009, which are proposed to carry forward in 2010. City Administrator Hedges noted that a public budget meeting is proposed to occur in October. Hedges proceeded to summarize the proposed departmental budgets. The City Council discussed the proposed General Fund departmental budgets. The Council discussed the proposed travel for the City Council in 2010, and requested staff provide a more detailed report on the travel being proposed within the City for 2010, to be brought to the September 22 retreat. Jo Special City Council Minutes August 11, 2009 Page 5 There was City Council consensus to proceed with the proposed amount and allocation of the 2010 property tax levy as proposed for formal consideration at the September 15 City Council meeting. VII. OTHER BUSINESS City Administrator Hedges announced the Closed Session to discuss the E -TV relocation, followed by a Finance Committee meeting to discuss the Fire Relief Association pension proposal. VIII. ADJOURNMENT Councilmember Fields moved; Councilmember Hansen seconded a motion to adjourn the meeting at 9:00 p.m. Aye: 5; Nay: 0 11 MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, SEPTEMBER 8, 2009 5:30 P.M. EAGAN ROOM — EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Director of Parks and Recreation Seydell- Johnson, Superintendent of Enterprise Operations Mesko, Superintendent of Parks Olson, Recreation Supervisor Nowariak, and Recreation Supervisor Phillips. I. ROLL CALL AND AGENDA ADOPTION Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5; Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. MINNESOTA RECREATION & PARK ASSOCIATION (MRPA) AWARDS OF EXCELLENCE City Administrator Hedges introduced the item noting that the MRPA Award of Excellence Program recognizes agencies or organizations in Minnesota for outstanding achievements in parks, recreation, and leisure services. Randy Distad, MRPA's 2008 President, presented the City of Eagan with two awards for 2008. Mr. Distad presented the first award to Recreation Supervisor Kerry Phillips for the Eagan Market Fest program in the category of Programming and Events for unique, creative recreation programming, special events, or community celebrations. Mr. Distad presented the second award to Parks and Recreation Director Seydell-Johnson in the category of sustainability, for the City's Non -Motorized Maintenance Program. Mayor Maguire and the City Council congratulated the staff of the Parks and Recreation Department. IV. PARKS AND RECREATION CAPITAL IMPROVEMENT PLAN City Administrator Hedges introduced the item noting that the Parks and Recreation Capital Improvement Plan (CIP) encompasses 2010 — 2014. Special City Council Minutes September 8, 2009 Page 2 Chair of the Advisory Parks and Recreation Commission (APrC) Phil Belfiori introduced the members of the APrC in attendance. Mr. Belfiori provided an overview of the proposed CIP. Superintendent of Parks Olson summarized the proposed CIP projects, with a focus on the projects to occur in 2010. The City Council discussed the proposed projects and voiced their consensus for the projects included in the 2010 program. The Council requested that the proposed structure being built on the ellipse site at Central Park utilize the same building materials and finishes as other City facilities in the community. The Council added that they would like to see "four fronts" to the building given the exposure the building has on all sides. The City Council discussed the need for future financing of the CIP through the Parks Site Fund, which is anticipated to be spent in its entirety by 2014 unless a new funding source is identified. The City Council directed the issue of financing the CIP to the City Council's Finance Committee for a recommendation on the future financing of the Parks & Recreation CIP and Park Development Fund. The Council requested that broad options be developed by the committee for the Council to consider. The Council added that approval of the 2010 CIP should move forward on a regular City Council agenda while the Finance Committee is formulating their recommendation on a future funding source for the Parks and Recreation CIP. V. REVIEW ADMINISTRATIVE POLICIES FOR PARKS & RECREATION DEPARTMENT MARKET FEST PROGRAM City Administrator Hedges introduced the item noting that the City has been approached by groups seeking to have representation at Market Fest and thus the Council has been asked to review the current vendor policies. Parks and Recreation Director Seydell-Johnson reviewed the current vendor policies. The City Council discussed the administrative policies and provided consensus to continue with the current policies and direct those groups that have shown interest in Market Fest to other venues or events within the City. VI. REVIEW ADMINISTRATIVE POLICIES FOR VENDORS AND SPONSORS AT PARKS & RECREATION EVENTS City Administrator Hedges introduced the item noting that at a Council Listening Session on July 7, 2009, Pastor Jim Borgshatz from Easter Lutheran Church approached the Council to question the grounds for which the Easter Preschool was not allowed to purchase a display space at an Eagan Parks and Recreation event, specifically, Eagan Business Night at the Eagan Market Fest. Hedges noted that currently the Eagan Parks and Recreation Department has an administrative policy of not allowing vendors to have displays or to sponsor/advertise at Parks and Recreation Department events, if the service being advertised is in competition with fee based recreation programs and/or facilities offered by the department's enterprise facilities. Hedges added that the administrative practice began with the opening of the fitness center in the /3 Special City Council Minutes September 8, 2009 Page 3 Eagan Community Center and was formalized into a written document in 2006, which was reviewed by the Council's Operations Committee in 2007. City Administrator Hedges noted that staff is seeking direction from the City Council on modifications to the policy. The City Council discussed the public policy questions surrounding the current City policies. Parks and Recreation Director Seydell-Johnson received feedback from the City Council on the philosophy of the City Council with regard to the policy, and noted that she would prepare a revision to the administrative policy. The Council requested that the amended policy be brought back for more focused discussion and review at the November or December City Council workshop. The Council noted they would like to have the new policy implemented by January of 2010. The City Council recessed at 7:30 p.m. The City Council reconvened at 7:40 p.m. VII. REVIEW MODIFICATIONS TO LIQUOR LICENSE RENEWAL DATES City Administrator Hedges introduced the item noting that at the December 16, 2008 City Council meeting, formal action was taken to extend the time frame for approval of the 2009 liquor license applications to January 20, 2009 requiring 2008 license holders to submit all renewal documents by January 12, 2009 in order for staff and the Police Department to have sufficient time to review the documentation. Hedges added that this action was necessary to allow a limited number of 2008 license holders to continue to operate while their 2009 renewals were being processed. It was noted that this problem resulted from a license holder's failure to supply the City with the necessary paperwork in a timely manner. Hedges noted that as a result of this problem, the City Council directed staff to review the possibility of changing the renewal date (end date of a license period) away from the calendar year end (December 31 each year), based at least in part on the fact that year end can be a busy time for licensed liquor establishments. Director of Administrative Services VanOverbeke reviewed the research conducted by staff of other communities' liquor license renewal dates. VanOverbeke added that based on feedback from other communities, staff has worked with the City Attorney's office to allow for a conditional approval by the City Council, which would provide for issuance by staff of the license at such time as all paperwork is submitted and all conditions for license issuance have been met. This process would eliminate the problem of not having a City Council meeting available at the last minute in late December. VanOverbeke added that it would still allow enforcement and prevent a license holder from continuing to sell liquor in January without a current (renewed) license. Iq- Special City Council Minutes September 8, 2009 Page 4 The City Council concurred with the conditional approval approach, and directed staff to proceed accordingly. VIII. 2010 GENERAL FUND BUDGET AND 2009 GENERAL FUND BUDGET STATUS UPDATE City Administrator Hedges introduced the item, providing an overview on the status of the 2009 General Fund Budget and the preliminary 2010 General Fund Budget. Hedges also commented on the voluntary early retirement/separation program being proposed by the City. The City Council discussed the 2009 and 2010 budgets as well as the early retirement/separation program. Hedges noted that at the September 15, 2009 regular City Council meeting, in order to comply with State law, the City Council must: 1.) adopt a proposed budget; 2.) a preliminary payable 2010 tax levy must be approved; and 3.) the City must announce the time and place of a subsequent regularly scheduled meeting at which the budget and levy will be discussed and at which the public will be allowed to speak. The City Council discussed their desire to have a public open house in October for the community to discuss the proposed budgets. City Administrator Hedges noted the 2009 surplus of revenues over expenditures. The City Council directed the surplus to the City's fund balance. Mayor Maguire noted the numerous compliments he has received on the budget article that appeared in Experience Eagan. 2009. IX. OTHER BUSINESS Mayor Maguire noted the West End Gun Club competition taking place on September 10, X. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:12 p.m. Aye: 5; Nay: 0 6 MINUTES SPECIAL CITY COUNCIL RETREAT TUESDAY, SEPTEMBER 22, 2009 5:30 P.M. MEZZANINE — EAGAN CIVIC ARENA City Council members present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Communications Garrison, Director of Administrative Services VanOverbeke, Director of Parks and Recreation Seydell-Johnson, Director of Community Development Hohenstein, Director of Public Works Colbert, Police Chief McDonald, Fire Chief Scott and Police Lieutenant Pike. I. ROLL CALL AND AGENDA ADOPTION Mayor Maguire called the retreat to order. City Administrator Hedges noted staff s desire to provide a brief update on H1N1 planning, the SeptemberFest event held at Faithful Shepherd School, and a recent gas leak that occurred at Faithful Shepherd School. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye: 5; Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. GENERAL FUND BUDGET UPDATE Per the request of the City Council at the July 28 City Council retreat, each of the Department Directors provided an overview on the implications of reductions made to the 2009 and 2010 budgets. The directors also summarized potential service impacts in 2010 and beyond given the current budget forecasts. The City Council discussed the presentations of the directors. The Council provided direction to proceed ahead with implementing single coverage only for City Councilmembers' health insurance. The Council also directed staff to cancel the City's membership to the National League of Cities. During preparation for the 2011 budget, the Council requested that fees and attendance statistics for Parks and Recreation programming be provided. The Council directed that the Finance Committee review the possible transfer of street repair supplies and contractual labor to the Major Street Fund. The City Council discussed the proposed early retirement/separation program being considered by the City. Due to the inefficient cost savings of the program, there was City AP Special City Council Retreat September 22, 2009 Page 2 Council consensus to discontinue the offering of the early retirement/separation program. The Council reviewed conference and training expenses in 2009 and 2010. The Council requested further information in the future on which conferences are necessary for employee certifications. City Administrator Hedges noted that per the request of the Council, a community open house for the purpose of discussing the City budget has been scheduled for October 27, 2009. IV. EAGAN'S 150TH ANNIVERSARY CELEBRATION UPDATE The City Council and staff discussed the upcoming 150th anniversary of the City. Communications Director Garrison provided an overview on what has been done to -date on the anniversary celebration, and noted the pledge from the Eagan Convention and Visitors Bureau of $25,000 towards the anniversary celebratory events. The City Council discussed the 150th anniversary and there was consensus that a volunteer committee of community members should be formed. The Council directed staff to prepare a list of possible recruits for the committee. The Council requested regular updates from the committee and a chance to offer feedback to the committee. Mayor Maguire noted his desire to serve as a liaison to the volunteer committee. V. OTHER BUSINESS Police Chief McDonald, serving as the emergency manager for the City, provided an update on the City's preparation for the H1N1 flu. City Administrator Hedges provided an update on the SeptemberFest event held at Faithful Shepherd School, and noted that there were no noise complaints this year. Fire Chief Scott provided an update on the gas leak that occurred at Faithful Shepherd School, and noted that the school had to be evacuated, however, there were no injuries. VI. ADJOURNMENT The City Council adjourned the retreat at 9:40 p.m. l7 Agenda Information Memo October 6, 2009 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Resignation/Manager-on-Duty/Community Center -- ACTION TO BE CONSIDERED: To accept the letter of resignation from Matthew Mack, Manager -on -Duty at the Community Center. Item 2. Rescind the Voluntary Early Retirement/Separation Package/Program ACTION TO BE CONSIDERED: To formally discontinue consideration of the Voluntary Early Retirement/Separation Package/Program. Background: The City Council previously approved offering a Voluntary Early Retirement/Separation Package/Program in order to determine if any personnel cost savings could be realized through employees voluntarily exiting City employment. There were 7 employees who requested to participate in the program. The criteria for moving forward with the program was twofold: 1) a meaningful number of employees needed to make the request to voluntarily take an early retirement or separation and the majority of the positions being vacating would not be refilled, or refilled in the same fashion. It was determined that based on the composition of the vacancies that would be created, that not filling the vacancies would have a greater impact on maintaining City services at an acceptable level. Therefore, there would not be any significant cost savings in the personnel budget because the identified positions would most likely need to be replaced. /c Agenda Information Memo October 6, 2009 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated September 10, 2009, September 17, 2009 and September 24, 2009 as presented. ATTACHMENTS: • Check registers dated September 10, 2009, September 17, 2009 and September 24, 2009 are enclosed without page number. /f Agenda Information Memo October 6, 2009, Eagan City Council Meeting D. SET PUBLIC HEARING DATE FOR NOVEMBER 2, 2009 TO CERTIFY DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To set a public hearing for November 2, 2009 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi-annual basis, the City reviews and considers delinquent false alarm balances for certification to property tax statements for collection. ➢ The City currently has four delinquent accounts in the amount of $1,100. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): Agenda Information Memo October 6, 2009, Eagan City Council Meeting E. SET PUBLIC HEARING DATE FOR NOVEMBER 2, 2009 TO CERTIFY DELINQUENT WEED CUTTING BILLS ACTION TO BE CONSIDERED: To set a public hearing for November 2, 2009 to consider the final assessment of the delinquent weed cutting bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi-annual basis, the City reviews and considers delinquent weed cutting balances for certification to property tax statements for collection. ➢ The City currently has 13 delinquent accounts in the amount of $2,415.94. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): Agenda Information Memo October 6, 2009, Eagan City Council Meeting F. SET PUBLIC HEARING DATE FOR NOVEMBER 2, 2009 TO CERTIFY DELINQUENT BOARD UP BILL ACTION TO BE CONSIDERED: To set a public hearing for November 2, 2009 to consider the final assessment of the delinquent board up bill and certify it to Dakota County for collection with property taxes. FACTS: > On a semi-annual basis, the City reviews and considers delinquent board up balances for certification to property tax statements for collection. ➢ The City currently has one delinquent account in the amount of $332.75. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): as Agenda Information Memo October 6, 2009, Eagan City Council Meeting G. SET PUBLIC HEARING DATE FOR NOVEMBER 2, 2009 TO CERTIFY DELINQUENT REFUSE REMOVAL BILLS ACTION TO BE CONSIDERED: To set a public hearing for November 2, 2009 to consider the final assessment of the delinquent refuse removal bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi-annual basis, the City reviews and considers delinquent refuse removal balances for certification to property tax statements for collection. ➢ The City currently has two delinquent accounts in the amount of $1,931.15. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): a3 Agenda Information Memo October 6, 2009 Eagan City Council Meeting CONSENT AGENDA H. SET PUBLIC HEARING DATE FOR NOVEMBER 2, 2009 TO CERTIFY DELINQUENT UTILITY BILLS ACTION TO BE CONSIDERED: To set a public hearing for November 2, 2009 to consider the final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. FACTS: On a semi-annual basis, the City reviews and considers delinquent utility balances for certification to property tax statements for collection. No attachments Agenda Information Memo October 6, 2009, Eagan City Council Meeting I. APPROVE CHANGE IN MANAGEMENT ON THE ON -SALE LIQUOR LICENSE AT GRANITE CITY RESTAURANT OPERATIONS, INC. DBA GRANITE CITY FOOD & BREWERY, 3330 PILOT KNOB ROAD ACTION TO BE CONSIDERED: To approve a change in management on the on -sale liquor license for Granite City Food & Brewery located at 3330 Pilot Knob Road. FACTS: ➢ A change in management has occurred at the above referenced location. The new manager of Granite City, Michael McBride, has completed the necessary forms and paid the appropriate investigation fee. > The Eagan Police Department has conducted an investigation of the new manager and finds no reason for denial. ATTACHMENTS (0): Agenda Information Memo October 6, 2009 City Council Meeting J. APPROVE THE CITY'S PARTNERSHIP WITH ARGOSY UNIVERSITY TO HOST THE 2010 SUSTAINABILITY IN BUSINESS CONFERENCE AND WAIVE THE CONFERENCE ROOM RENTAL FEE FOR THE USE OF THE EAGAN COMMUNITY CENTER ON JANUARY 8-9, 2010 ACTION TO BE CONSIDERED: To approve the City's partnership with Argosy University to host the 2010 Sustainability in Business Conference and waive the conference room rental fee for the use of the Eagan Community Center on January 8-9, 2010 FACTS: • Argosy University has approached the City of Eagan to inquire whether the City would like to serve as a partner in hosting the 2010 Sustainability in Business: Vision, Practice, and Education Conference being held at the Eagan Community Center on January 8-9, 2010. • The conference will provide an opportunity for presentation and dialogue between businesses and educators to successfully develop leaders' ability to compete and manage the change brought about by the global trends in sustainable practices. The conference welcomes participants from academia, business, government, and nonprofit organizations. • As a partner and host, the City would have the opportunity to welcome participants to the conference, and serve as a presenter or moderator for a session on sustainability efforts in the public sector. • Argosy University is requesting that the City waive the room rental fee for the Community Center banquet rooms, where the conference will take place. ATTACHMENTS: • Enclosed on pages27 through is an event synopsis provided by Argosy University. Event Synopsis Conference name, date, location and URL: Sustainability in Business: Vision, Practice, and Education, Argosy University- Twin Cities, January 8-9, 2010, https://www.regonline.com/Sustainability 2010 General Conference Description: The conference will provide an opportunity for presentation and dialogue between businesses and educators to successfully develop leaders able to compete and manage the change brought about by this important global trend. The conference welcomes participants from academia, business, government, and nonprofit organizations. There are thousands of definitions of sustainability and sustainable development. They all cover the interconnection between the economy, society, and the natural environment, the imperative for equitable distribution of limited resources, and equal access to opportunities. In business, sustainability has long been associated with the ability of a firm to steadily increase revenues and earnings, indirectly linking it to the topic of corporate longevity. While this is still a goal, the modern firm cannot neglect its connections to and dependence on society and the environment, if it wants to be sustainable. Any sustainable effort must simultaneously meet the objectives of three equally important components: economic (meet economic goals for businesses, employees, and consumers), environmental (to protect, steward and restore the Earth and its resources, as well as human cultural diversity), and social (improve the human condition and spirit in communities and through social institutions and structures). Firms must lay out specific objectives in all three areas. Within these components, a firm's sustainability initiatives can manifest as corporate social responsibility efforts, lean production, green products and services, advanced technologies or infrastructure. Green alone does not constitute sustainability. Unless business initiatives are consciously linked to all three components, firms are only viable, tolerable or charitable. The conference theme is Sustainability in Business: Vision, Practice, and Education. The agenda will consist of an opening plenary session, four breakout sessions, and a closing plenary session. Papers relating to four major topics are invited: business knowledge and skills, best practices, resources and information, and sustainability in a global world. Please indicate if your paper relates to vision, practice or education within your particular topic. Connection and relevance to the components of sustainability is a priority. Event Schedule: Sustainability: Vision, Practice and Education Friday January 8: 9:00 AM — 10:00 AM Registration, Networking, Campus Tours 10:00 AM — 10:15 AM Welcome remarks — President (Argosy University) Toni Hedges or Mike Maguire (City of Eagan) - Confirmed Karen Gulliver or Mirela Miresan (Argosy University) -Confirmed 10:15 AM — 11:45 PM Opening plenary with invited speaker Eric J. Riddleberger (IBM). Sustainable Growth through CSR -Confirmed 11:45 PM — 1:00 PM Lunch Wal -Mart -Proposed 1:00 PM — 5:15 PM Breakout Session 1: Business Knowledge and Skills for Sustainability 15 minutes per presenter, except for the featured speaker (20 minutes). There will be one break in the session called by the session moderator. Q&A will be at the end Invited Speaker: Gwen Stevens (Schmidt Printing) - Confirmed Other Speakers: • Leadership Sabah Alwan. Effective leadership and balancing action of power • Innovation and change Dominic Muren. Humblefactories of the Future: Working toward more of the session resilient, fair, and ecologically sensitive manufacturing. • Entrepreneurship/Intrapreneurship John R. McINTYRE & Vera IVANAJ. Entrepreneurship Education in American Universities: A Key Player in Business Sustainability Dennis M. Ray and Iva Ray. Entrepreneurship, Sustainability and a New Economic Paradigm • Processes: including Marketing/Customer Relationships; Supply Chain; Production; Finance; Communication; Risk Management; Accounting; Human Resource Management Joel Hodroff & Paul Halvorson. Money Innovation and Sustainable Prosperity: Promoting Economic Development through Academic Activism • Technical application Donald Jess. Information Systems Capabilities for Creating Sustainable Competitive Advantage • Diversity and cultural capacity Navninderjit Singh, Manjinder Gulyani. Human Rights Aspect of Sustainable Development Breakout Session 2: Best Practices Invited Speaker: (Lockheed Martin) — Proposed. Speaker TBI Other Speakers: • Business strategy Shirish Sangle & Shankar Murthy. Managers' Personal Values as Drivers of Climate Change Proactivity Calvin Beyer. Reputation Management: Sustainability of a Strategic Corporate Asset Pradeep Kumar & Vijaya Bhaskar. Choudary Intervening Variables in Behavioral Change towards Successful Business Strategy Vijay Kanal & Kelly Flores. Hidden Opportunities: How Sustainability Can Grow Revenues & Cut Costs (and Help the Planet) • CSR and ethics Anne Klein. Workplace Bullying: An Organization's Social Responsibility from an Ethical Perspective • Stakeholder involvement • Performance measurement Dalbir Kaur, B.S. Bhatia, & Shailinder Sekhon. A Meta Analysis of Corporate Environment Accountability and Reporting — An Evaluative Framework of India and China • Project management • Education and training • Operations and supply chain management Shankar Murthy &Shirish Sangle. Greening Supply Chain for a Better Environmental Management • Organizational development and structure Bruce Strom. A sustainable business resource toolbox and development model for businesses partnering with governmental and non-governmental organizations • International business Saturday January 9: 9:00 AM — 9:15 AM Registration, Networking 9:15 AM — 12:30 PM Breakout Session 1: Globalization 15 minutes per presenter, except for the featured speaker (20 minutes). There will be one break in the session called by the session moderator. Q&A will be at the end of the session Invited Speaker: (Cargill) - Proposed Other Speakers: • Government Damien Frankling. Businesses Supporting a Targeted Residential Water Conservation Program Jenny Bedford. Sustainable Initiatives in Minnesota A Review of Conservation Efforts in Hennepin County • Finance • Education Bhama Venkataramani. `Management' that one does not learn at a Business School Katherine Dew, Toni Greif, & Shelley Robbins. Leadership Development and Education for Sustainability Corrie Heringa & Sunita Wiebe. The Evolving Role of the Graphic Designer in the Business of Sustainability Laura Tanzer & Chanda Brown Sustainable Best Practices for Business Education • Media resources • Training Breakout Session 2: Resources for Sustainability in Business Invited Speaker: Kathryn Miller (Argosy University) - confirmed Other Speakers: • Corporate and world leaders in sustainability AUTCSB2010-4202 Maria Lai -Ling Lam. Sustainability in a global world: Challenges of Foreign Multinational Enterprises in China • Economics and global recession • Development Marc McIntosh. Microfinancing in a Commercial Bank: Impact on Firm Sustainability Metrics and Mission Ernest Diedrich. The Race to Sustainability: Which countries are the leaders and how do they encourage sustainable enterprises? Karen J. Lokkesmoe. Creating Sustainable Leadership in a Global Society Brian Carroll. Cultural Determinism, Real or Perceived? 12:30 PM — 1:45PM Lunch, Closing plenary speaker @ lunch- Lockheed Martin — Confirmed. Speaker TBI Session Description: Plenary with breakout sessions and lunch speakers a� Type of Opportunity (keynote, panel, general session): Plenary, Keynote and Featured Speaker Partnerships: City of Eagan -pending Conference company (include history): Argosy University, Twin Cities campus, 1515 Central Parkway, Eagan, Minnesota, 55121. Confirmed featured speakers to date: We are discussing with Cargill and Wal-Mart. Confirmed speakers: Eric J. Riddleberger, IBM Kathryn Miller, EDMC, Inc Gwen Stevens, Schmidt Printing (Taylor Corporation) Lockheed Martin — participation confirmed, speaker not identified Target audience and projected number of attendees: Academia (faculty and students), business, government, and nonprofit organizations, with 150-250 expected at the opening plenary How will conference company market this event? It was advertised on various conference websites, academic journals, professional associations, and individual emails. Local media featured the event, as well. Announcements were posted on Linkedln. After we finalize the schedule, press releases will be sent to business magazines and local media. Why Participate? The conference has international participation and will offer high visibility. The topic is extremely important and timely. It is also a hands-on conference for working business owners and managers emphasizing what they can learn and apply right now in their own companies to become more sustainable and lower costs. This philosophy is consistent with Argosy's MBA mission and strategic objectives. Projected press: Business magazines, local media, websites. Will this event receive additional coverage via blogs, YouTube or other social networking sites? If so, please provide specifics: LinkedIn has been used. Other to be determined. Dress Code: Business Conference contact for on-site logistics: Dr. Karen Gulliver, kgulliver@agrosy.edu, 651/846-3538 Dr. Mirela Miresan, mmiresan(&,argosv.edu, 651/846-3377 Ms Kelly Kilen, kkilennaol.com Featured Speaker Bios and Abstracts Eric J. Riddleberger Partner Strategy and Change IBM Corporation Eric J. Riddleberger is a Partner with IBM Global Business Services and leads the Global Business Strategy Practice and the Strategy and Change Practice in the Communications Sector He has more than 25 years professional experience in strategy and technology throughout the world with IBM, Booz Allen Hamilton, UBS Capital, and AT&T Mr. Riddleberger's focus includes corporate transformation, market analysis, strategic planning, infrastructure and technology analysis and business development for both equipment and service providers. In addition to his direct client engagements, Mr. Riddleberger is part of the team that created and drove IBM's Global CEO Studies and is currently leading IBM's Corporate Social Responsibility consulting service offerings. In the US, he is focused on communications clients that are transforming and integrating their businesses. Recent and current engagements are focused on restructuring to create new infrastructure and capabilities to reflect the significant changes in the industry as it evolves from a product -centric business to a customer -centric business. The restructuring of the industry includes the development of new operating models and new product capabilities, including integrated products and services, customer -centric processes, and go -to -market strategies. In Europe and Latin America, Mr. Riddleberger has worked with clients as they develop their business plans and strategies to enter the market. The engagements include building the business and infrastructure processes and capabilities that will be required to successfully compete. In addition, he has lead engagements focused on the identification of strategic alliance/acquisition partners for both service providers and equipment manufacturers. Some of the key issues that Mr. Riddleberger has worked on include: • Developing new operating models for telecommunications carriers, focusing on organizing and delivering products and services to customer segments to transform the business by growing revenue and dramatically reducing operating costs • Development and execution of M&A transactions and strategic alliances for market entry and capabilities development • Development and analysis of business and network architectures for providing integrated services with multiple technologies Mr. Riddleberger received an MBA with distinction from New York University, an MS in Computer Science from Stevens Institute of Technology, and a BS in Engineering from the University of Vermont. Sustainable Growth through CSR Businesses are rapidly moving beyond the idea of Corporate Social Responsibility (CSR) as simply a necessary cost of doing business. Behind this new development is the unique role of the Internet in influencing buying behavior by providing ubiquitous, in-depth information about companies, their global supply chain partners, and their impact on society and the environment. To gauge how deeply CSR has penetrated the core of the corporation — it's strategies and operations, IBM surveyed more than 250 business leaders globally and found that two-thirds of them are focusing on CSR activities to create new revenue streams. Yet fewer than one-quarter believe they understand their customers' CSR expectations well, a potentially alarming finding at a time when new customer expectations - and clout - are rapidly growing. Our analyses uncovered three dynamics for companies to understand and act upon in dealing with the threats and opportunities of CSR: • Impact - from cost to growth • Information - from visibility to transparency • Relationships - from containment to engagement In this session attendees will learn: • Key attributes of the CSR value curve • How to plan for growth when your brand is no longer your own • How to ensure that the CSR information demands of stakeholders align with your business objectives rather than dominate them • How to ensure that the CSR information you collect is relevant and timely • How to understand the new sustainability information landscape • How customers can become your partners in sustainability 3a Agenda Information Memo October 6, 2009 Eagan City Council Meeting K. APPROVE RESOLUTION REQUESTING DISTRIBUTION OF EAGAN SHARE OF DCC UNDESIGNATED FUND BALANCE BY CHECK ACTION TO BE CONSIDERED: To approve a resolution requesting distribution of Eagan share of DCC undesignated fund balance by check. FACTS: • In preparing and approving the 2010 DCC operating budget the Board of Directors approved revisions to its member funding allocation formula. • The annual funding allocation essentially changed from an allocation based on a one year total number of events to an allocation based on a blended average of three years of CAD events. • The effect of the change in allocation methodology was to reduce Eagan's benefit from a large reduction in CAD events relative to the DCC total and to protect members with large increases in CAD events. The long-term result should be to smooth out dramatic year to year changes in CAD events (and costs) for members; however, the implementation process has been of concern to Eagan and certain other members. • Through the efforts of Councilmembers Hansen and Bakken in working with other DCC representatives, a compromise was reached that allowed each DCC participant to receive a direct benefit from a distribution of the DCC undesignated fund balance at the percentage at which the balance was accumulated. Eagan gained approximately $54,000 through the revised distribution process. • Each DCC member has the option to receive its fund balance distribution in a single lump -sum payment or in three annual distributions in 2010, 2011 and 2012. The members must also decide if the distribution should be in the form of a check or as a credit to future member fees. • Per previous City Council direction the attached resolution is prepared in a manner requesting a single lump -sum payment by check. ATTACHMENTS: • Enclosed on page 341- of its choices. • Enclosed on page -35- is Jc-- is a copy of the DCC letter informing the City is a copy of the resolution requesting a single lump -sum payment by check. 33 2860 160TH STREET W. ROSEMOUNT, MN 55068 T: 651-322-1900 F: 651-322-2334 WWW.MN-DCC.ORG August 20, 2009 DAKOTA COMMUNICATIONS CENTER City Administrator Tom Hedges City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122 -Ian" Dear Administrator Hedges, I am writing to confirm your 2010 Dakota Communications Center Member payment. Your annual Member payments are unchanged from the amount listed in the budget document which was provided to the Executive Committee at your August 5th meeting and subsequently approved by the Board of Directors on August 20th Your annual Member fee for the DCC in 2010 is $1,334,505.00. This fee represents the General Fund contribution amount of $1,118,909.00 and debt service obligation of $215,596.00. You will continue to be invoiced separately by U.S. Bank, acting as Trustee, for your Debt Service Obligation. The approved 2010 budget includes the distribution of $1,712,427 from the undesignated fund balance to the Members. Each Member's distribution is based upon their Member fee allocation percentage that was in place for DCC budget years 2006-2009. For the City of Eagan, your allocation percentage was 18.00%, resulting in a distribution of $308,237.00. To receive the. distribution, your City Council will need, by resolution to choose to receive the distribution in a single lump -sum payment or in three annual distributions in 2010, 2011 and 2012e Furthermore, the resolution will need to specify if the distribution should be in the form of a check or as a credit tq your. Member fees. Two sample resolutions are attached for your consideration. =Each Member is required to notify the DCC in writing no later than October 15, 2009 of their decisions on the,, distribution method they choose. -i As in prior years, you will be receiving a monthly invoice for your DCC Member payment. Please forward this information to anyone in your organization that may need it. Also, please let me know if you have any questions about this matter. Thank you very much. Sincerely, Kent Therkelsen Executive Director Attachment KT/jh MEMBERS: APPLE VALLEY EAGAN BURNSVILLE FARMINGTON DAKOTA COUNTY HASTINGS 911 INVER GROVE HEIGHTS ROSEMOUNT LAKEVILLE SOUTH ST. PAUL MENDOTA HEIGHTS WEST ST. PAUL RESOLUTION CITY OF EAGAN DISTRIBUTION OF DCC UNDESIGNATED FUND BALANCE WHEREAS, the Board of Directors of the Dakota Communications Center (DCC), a Joint Powers Entity, to which the City of Eagan is a Member, by official action on August 20, 2009, approved the return of funds in the undesignated general fund balance to the Joint Powers Members, and; WHEREAS, the Board of Directors of the DCC also established that each Member could, at their option, receive their share of the returned funds in a single lump sum payment in 2010 or three equal annual payments in 2010, 2011 and 2012, and; WHEREAS, the Board of Directors of the DCC further established that each Member could elect to receive their distribution in the form of a check or a credit to their DCC Member fees, and; WHEREAS, the Board further established that each Member must communicate their choice of distribution amount and method through an official action of the City Council to the DCC Executive Director no later than October 15, 2009; THEREFORE, BE IT RESOLVED, that by official action on October 6, 2009, the City Council has elected to receive the distribution in the amount of $308,237 in a single distribution in 2010 by check, and; BE IT FURTHER RESOLVED, that the City Administrator is directed to communicate this action to the DCC Executive Director no later than October 15, 2009. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its City Clerk CERTIFICATION I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing Resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this day of 2009. Maria Petersen, City Clerk Agenda Memo Eagan City Council Meeting October 6, 2009 Consent Agenda L. SOUTHEAST EAGAN REDEVELOPMENT DISTRICT — DETERMINATION OF NO ACTION ON RESOLUTION TO DISCONTINUE TIF DISTRICT ACTION TO BE CONSIDERED: To make a determination that no action is necessary on a resolution to discontinue the Southeast Eagan TIF District. FACTS (New Information in Bold): • 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 plat to create 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 plat to not be delivered to the County until late June. • Unfortunately, the County would not record the plat at that time, because the developer owed both delinquent and current taxes on the property, the County and, as a consequence, the County could not accept the City's request for certification of the TIF district. • As of September, 2009, nearly 31/2 years had passed since the approval of the district and 11/2 years since the February 1, 2008 deadline for recording. At its meeting of September 1, 2009, the EDA directed the preparation of a resolution to Set discontinue the district for consideration by the City Council on September 17, 2009. • The developer provided a receipt for the payment of all taxes on the property on September 16, 2009 and indicated that they would be paying the necessary fees for recording as soon as the County had calculated them. On the basis of this progress, at its meeting of the 17th, the City Council continued consideration of the resolution to discontinue the TIF District to the October 6, 2009 City Council meeting. Since that time, staff has received confirmation from the County that the fees had been paid and the recording had been finalized. • As a consequence of the recording, the City can move forward with the certification of the Southeast Eagan TIF District and can dispose of the resolution to discontinue the District. It is necessary to take a formal action in that regard since the item was before the Council previously and was continued to this date. ATTACHMENTS: • None Agenda Information Memo October 6, 2009 Eagan City Council Meeting M. CONTRACT 09-01, CITYWIDE STREET OVERLAYS ACTION TO BE CONSIDERED: Approve the final payment for Contract 09-01 (Citywide — Street Overlays) in the amount of $136,225.85 to Bituminous Roadways, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 09-01 provided for the bituminous overlay of: o Lone Oak/ Waters Area (Streets - City Project 972) o Washington Drive/ 815` Street/ Federal Drive ( Project 974) o Hampton Heights/ Stoney Point/ Blackhawk Glen (Project 980) o Opperman Drive (Project 1001) o Blue Gentian Road (Project 1003) • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Agenda Information Memo October 6, 2009 Eagan City Council Meeting N. CONTRACT 09-02, CITYWIDE STREET OVERLAYS ACTION TO BE CONSIDERED: Approve the final payment for Contract 09-02 (Citywide — Street Overlays) in the amount of $59,736.65 to Bituminous Roadways, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 09-02 provided for the bituminous overlay of: o Windtree Add (City Project 973) o Marice Dr/Sherman Ct/Norwest Ct (Project 975) o Avalon/Burnside Ave (Project 976) o Robin Lane (Project 977) o Eagandale/LeMay Lake (Proj 978) o LeMay Lake Hills/Lunka Add (Project 979) o St. Francis Woods Add (Proj 982) o Grace Drive (Project 1000) o Pinecrest of Eagan (Project 1002) o Knoll Ridge Drive (Project 1006) • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. 3 Y Agenda Information Memo October 6, 2009 Eagan City Council Meeting O. PROJECT 974, FEDERAL DR/ WASHINGTON/ 81ST STREET STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 974 (Federal Drive/ Washington Drive/ 81St Street — Street Improvements) and schedule a public hearing to be held on November 2, 2009. FACTS: • Project 974 provided for the street improvements of Federal Drive/ Washington Drive/ 81st Street, 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 09-01, 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 17% less than the estimate contained in the feasibility report presented at the public hearing held on December 1, 2008 due to favorable bids received. Agenda Information Memo October 6, 2009 Eagan City Council Meeting P. PROJECT 975, MARICE DRIVE/ SHERMAN COURT STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 975 (Marice Drive/ Sherman Court — Street Improvements) and schedule a public hearing to be held on November 2, 2009. FACTS: • Project 975 provided for the street improvements of Marice Drive/ Sherman Court, west of Pilot Knob Road, south of Northwood Parkway. 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 30% less than the estimate contained in the feasibility report presented at the public hearing held on December 16, 2008 due to favorable bids received. #1I Agenda Information Memo October 6, 2009 Eagan City Council Meeting Q. PROJECT 1006, KNOLL RIDGE DRIVE STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1006 (Knoll Ridge Drive — Street Improvements) and schedule a public hearing to be held on November 2, 2009. FACTS: • Project 1006 provided for the street improvements of Knoll Ridge Drive, west of Blackhawk Road, north of Blackhawk Lake. 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 due to favorable bids received. va Agenda Information Memo October 6, 2009 Eagan City Council Meeting R. CONTRACT 09-18, DUCKWOOD DRIVE/FEDERAL DRIVE BRIDGE/STREET IMPROVEMENTS - RECEIVE TRAFFIC STUDY, AUTHORIZE PREPARATION OF PLANS & SPECIFICATIONS AND APPROVE FEDERAL FUNDING AGREEMENT ACTIONS TO BE CONSIDERED: 1. Receive the Duckwood Drive Overpass Traffic Study including recommended geometric layout; and, 2. Authorize solicitation of Proposals to prepare detailed plans and specifications for Contract 09-18 (Duckwood Drive/Federal Drive — Bridge/Street Improvement):; and, 3. Approve Federal Funding Agreement for final design services and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City's Comprehensive Transportation Plan includes the development of a "Ring Road" circulator around the intersections of Pilot Knob Road, Yankee Doodle Road and I -35E. The City has been coordinating the development and improvement of related infrastructure to accommodate this transportation element for the past 15 years. The Northwood Parkway Overpass component of the Ring Road was completed in October 2008. The remaining component is the Duckwood Drive extension with a similar overpass to 35E. Duckwood Drive Overpass Traffic Study and Recommended Geometric Layout • A traffic study was completed in September 2009 which analyzed the impacts of modifying the existing I -35E ramps west of Pilot Knob Road. The study also analyzed various transportation improvements in the Central Area to evaluate the impacts and benefits of this proposed overpass. • The traffic study identified a preferred geometric layout for an overpass only which does not include modifications to the I -35E ramps west of Pilot Knob Road. The traffic study determined that modifications to the ramps are unlikely to receive the necessary federal approvals and would result in a significant amount of additional regional traffic on Duckwood Drive without offsetting beneficial improvements to the County Road system. Elimination of the ramp modifications considerably reduces the construction cost which is currently estimated to be $4,980,000. • The traffic study also identified several necessary transportation improvements in the Central Area to meet the forecasted transportation needs. These additional improvements generally consist of implementing a left turn restriction at southbound Pilot Knob Road and the south ramp to northbound I -35E, additional turn lanes at several intersections, and an additional thru lane on Pilot Knob Road from the I -35E bridge to Crestridge Lane. These improvements will be further refined and Item R — Contract 09-18 (Continued) programmed in the City and County's Capital Improvement Programs and implemented as traffic volumes dictate and budgets allow. Authorize the Preparation of Detailed Plans and Specifications • Contract 09-18 provides for the extension of Duckwood Drive over I -35E from Pilot Knob Road to Federal Drive, reconfiguration of the existing Pilot Knob Road/Duckwood Drive intersection, and construction of bituminous trails on both sides of Duckwood Drive according to the recommended geometric layout (attached). • Preparation of detailed plans and specifications will allow the project to be "shovel ready" as future funding sources become available. Approve Federal Funding Agreement for Final Design Services • The City has been successful in securing $1 million in federal funding to be applied towards preliminary engineering and right of way acquisition for the Central Area Ring Road Improvements. To date, approximately $360,000 has been applied to the final design of the Northwood Parkway Overpass and $100,000 has been applied to the completion of the Duckwood Drive Overpass Traffic Study. An approximate balance of $495,000 in federal funds remains for other aspects of the Ring Road concept, including advancing this next stage of the Duckwood Drive overpass. • An agreement between the City of Eagan and the Minnesota Department of Transportation (Mn/DOT) has been prepared providing for federal participation in the completion of final engineering design services for the Duckwood Drive/Federal Drive — Bridge and Street Improvements. As set forth in the agreement, the City's financial share of preliminary engineering is 0% while the federal financial share of the final design services is 100%. • The Agreement has been reviewed by the Public Works Department and found to be similar to other federal funding agreements and in order for favorable Council action. ATTACHMENTS: • Recommended Geometric Layout, page • Traffic Study Executive Summary, pages �-LQthrough ziy DUCKWOOD DRIVE OVERPASS TRAFFIC STUDY EXECUTIVE SUMMARY INTRODUCTION A traffic study was completed for the extension of Duckwood Drive over I -35E. This would complete the City's central area ring -road concept. The ring road includes Federal Drive and Central Parkway to the west, Denmark Avenue to the east, the recently constructed Northwoods Parkway to the north and the missing segment of Duckwood Drive to the south. This ring -road's function is to provide better connections to local roadway system and provide relief to the regional roadways, in particular the Yankee Doodle Road/Pilot Knob Road intersection. ALTERNATIVES The existing roadway system with planned improvements (those determined during the Yankee Doodle Road project) was analyzed under future traffic volumes (20 -Year Design Forecasts). The results of the analysis show that many intersections on Pilot Knob Road (between Yankee Doodle Road to Duckwood Drive) will operate unacceptably. Four alternatives were developed and tested to determine how well they would improve the roadway operations. The four Duckwood Drive alternatives analyzed were: 1. Alternative 1 a. Duckwood Drive overpass 2. Alternative 1 with Pilot Knob Road improvements a. Duckwood Drive overpass b. Minor intersection improvements along Pilot Knob Road 3. Alternative 2 a. Duckwood Drive overpass b. Relocated northbound I -35E off -ramp from Pilot Knob Road to the Duckwood Drive overpass 4. Alternative 3 a. Duckwood Drive overpass b. Relocated northbound I -35E off -ramp from Pilot Knob Road to the Duckwood Drive overpass c. New southbound I -35E on-ramp from the Duckwood Drive overpass 5. Alternative 4 a. Minor intersection improvements along Pilot Knob Road Page 1 ofn3 RESULTS Alternative 1 is considered feasible with benefits to the roadway system with minimal impacts, however this does not improve the intersections to acceptable levels of operations at the 20 -year design horizon. Alternative 1 with additional minor intersection improvements on Pilot Knob Road was developed to accomplish acceptable intersection operations to at least year 2030. In general, the Duckwood Overpass would provide acceptable service until year 2020-2025, without the additional improvements. Alternative 2 was removed from consideration because moving the northbound off -ramp to Duckwood Drive would significantly increase the traffic at the Duckwood Drive/Pilot Knob Road intersection. This would cause unacceptable operations at these two intersections. The necessary widening on Duckwood Drive east of the off -ramp intersection would cause significant impacts on the properties west of Pilot Knob Road. Alternative 3 was removed from consideration due to the minimal additional benefits and higher construction costs and impacts. Duckwood Drive would need additional lanes on the bridge to accommodate turning traffic onto the I -35E southbound on-ramp. This would result in higher construction costs. This provides only minor additional benefits along Pilot Knob Road. Alternative 4 is considered feasible, but does not provide acceptable operations in the year 20 year design horizon. In general, the Pilot Knob Road minor improvements alone provide acceptable operations until year 2015-2020. Without the Duckwood Drive Overpass, we would anticipate that Pilot Knob Road would need to be constructed to a six -lane facility north of Yankee Doodle Road to south of Duckwood Drive requiring the reconstruction or widening on the bridge over I -35E. RECOMMENDATION It is recommended to proceed with the improvements recommended by Alternative 1 with the minor intersection improvements to Pilot Knob Road. These improvements will provide acceptable operations to at least the 20 -Year Design horizon. It is anticipated that the Duckwood Drive Overpass will be of similar construction cost as the Northwoods Parkway Overpass, which would equate to approximately $5.5M to $6.0M. The construction costs of the minor intersection improvements along Pilot Knob Road are preliminarily estimated at $1.25M to $1.5M. PageA of 3 OTHER FINDINGS From the study, intersection access and control were evaluated in the study area. Access modifications have been identified at the intersections of Yankee Doodle Road/Washington Avenue and Pilot Knob Road/Crestridge Lane. Traffic Control was preliminarily reviewed at the following intersections: • Federal Drive/Washington Avenue — Does not meet all -way stop warrant, but may meet it in the future. The intersection does not meet traffic signal warrants now or likely in the future. • Northwoods Parkway / Denmark Avenue — Does not meet traffic signal warrants now or likely in the future. • Northwoods Parkway / Promenade Avenue - Does not meet traffic signal warrants now or likely in the future. • Denmark Avenue / Promenade Place - Does not meet traffic signal warrants now, but could in the future. • Denmark Avenue / Duckwood Drive — Currently, meets all -way stop warrant. Does not meet traffic signal warrant, but could in the future. The minor improvements along Pilot Knob Road would impact the Minnesota Valley Transit Authority (MVTA) bus routing from the Yankee Doodle Road/Pilot Knob Road transit station. City staff has met with MVTA staff to discuss potential issues. Page,3 0 f Agenda Information Memo October 6, 2009 Eagan City Council Meeting S. CONTRACT 09-20, FIRE SAFETY CAMPUS SITE GRADING & UTILITIES ACTION TO BE CONSIDERED: Approve plans and specifications for Contract 09-20 (Fire Safety Campus — Site Grading and Utility Improvements) and authorize the use of best -value solicitation of bids, as allowed by State statutes, for the advertisement of a bid opening to be held at 10:30 a.m. on Friday, October 30, 2009. FACTS • Contract 09-20 provides site improvements in preparation for the construction of the new Fire Safety Campus, including rough grading and site utilities, near the southwest corner of the intersection of Yankee Doodle Road (County State Aid Highway 28) and Wescott Woodlands. • The City of Eagan has negotiated the acquisition of a 4 -acre parcel at the northeast corner of the property formerly known as the Carriage Hills Golf Course. With the City Council's approval, a new fire safety campus and fire station will be constructed on this parcel. • On July 7, 2009, the City Council authorized the preparation of a feasibility report for Project 1012, Duckwood Drive and Station Trail, Street and Utility Improvements. The improvements associated with Project 1012 would provide street and utility improvements needed for adequate access and utility services for the fire safety campus site, as well as the extension of Duckwood Drive to Wescott Woodlands. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization for the advertisement of bids. The proposed schedule for the on site improvements would allow the construction of the building to begin this winter. • The City Council's approval of the use of best -value solicitation of bids, as allowed by State statutes, will allow the consideration of bidders' expected performance in relation to their submitted bid. 14? Agenda Information Memo October 6, 2009 Eagan City Council Meeting T. CONTRACT 09-19, RAIN GARDENS CURB CUT/INLET IMPROVEMENTS ACTION TO BE CONSIDERED: Award Contract 09-19 (Rain Gardens - Curb Cut/Inlet Improvements) to Bituminous Roadways, Inc., for a total amount of $31,295.00 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 09-19 provides 34 curb cuts or drainage inlets by the removal and replacement of concrete curb and gutter at 31 rain garden sites located primarily within two neighborhoods, as well as multiple individual locations throughout the City of Eagan. • At the end of this construction season, about 50 rain gardens will have been established over the past two years within the City. The rain gardens will have been constructed in association with public street overlays, neighborhood water quality efforts (Coventry Pond) and direct drainage area enhancements (Schwanz Lake). • The rain garden improvements of 2008 and 2009 were programmed in the City's 5 -Year Capital Improvement Program (2008-2012 and 2009-2013). • While the City Council's approval of past rain gardens has included the directing of public drainage from the streets to the gardens, staff concerns about the healthy establishment of the plants within the rain gardens has encouraged the delay of the connection of the street drainage to the rain gardens, in some situations. Delaying the influx of high flow rates until after the establishment of the plant roots has been found to be favorable for the long term plant health and garden aesthetics. • After much research, staff has settled on the removal of portions of curb, or curb cut, within the street as the most efficient method to introduce public drainage into the rain gardens. • Due to the anticipated cost benefit with the greater volume of curb cuts, such drainage inlets will be provided for ten rain gardens anticipated to be constructed as part of Contract 09-14 (Schwanz Lake direct drainage area), yet this fall. • On September 30, formal bid proposals from bidders were received for this contract. Of the two proposals received, the bid prices ranged from $31,295 to $32,040. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid from Bituminous Roadways, Inc., has been reviewed by the Engineering Division and found to be in the best interest of the City and is in order for favorable Council action. • All contract work will be completed within public right-of-way and easements. Funding for these improvements will be the responsibility of the Water Quality Fund. �0 Agenda Information Memo October 6, 2009 Eagan City Council Meeting U. CONTRACT 09-21, FISH LAKE & THOMAS LAKE SEDIMENT REMOVAL/WATER QUALITY IMPROVEMENTS ACTION TO BE CONSIDERED: Award Contract 09-21 (Fish Lake and Thomas Lake - Sediment Removal/Water Quality Improvements) to Valley Rich, Inc., for a total amount of $35,000.00 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 09-21 provides for the removal of about 900 cubic yards of sediment from Fish Lake and Thomas Lake for storm sewer operations and water quality benefits. The storm sewer and water quality improvements are programmed for 2009 in the City's 5 -Year Capital Improvement Program (2009-2013). • Sedimentation basins or NURP ponds have been implemented throughout the City of Eagan as it developed. Both natural and constructed ponds have been used within the storm sewer system to enhance the water quality of downstream, high priority water bodies or lakes. • As these ponds fulfill their purposes, sediment deposited within them will eventually need to be removed in order to maintain their removal efficiency and allow the storm sewer to flow as designed. Not only is the sediment removed from the drainage headed towards downstream lakes, but with it is some of the phosphorous and heavy metals that are attached to the sediment. • Depending upon the timing of the development of upstream basins or due to significant storm events, some lakes have still been impacted with sediment discharges. • The east end of Fish Lake is actually a constructed sedimentation basin, separated from the rest of the lake by an underwater berm that is as high as the Normal Water Level of the lake. Sediment within this basin at the storm sewer pipe discharge points is impacting its effectiveness. Sediment within Thomas Lake is evidence of the impact of the July 2000 Super Storm, as well as other direct drainage minor contributors. • The base bid from Valley Rich, Inc., has been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations by the Engineering and Utility Divisions and found to be in the best interest of the City and is in order for favorable Council action. • All contract work will be completed within public right-of-way and easements. Funding for these improvements will be the responsibility of the Storm Sewer Trunk Fund (50%) and the Water Quality Fund (50%). ATTACHMENTS: • Project Locations, pages GA and 53. 5--/ .D- Agenda Information Memo October 6, 2009 Eagan City Council Meeting V. EAGANDALE CENTER INDUSTRIAL PARK NO. 16/ DART TRANSIT COMPANY ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage & utility easements within Eagandale Center Industrial Park No. 16 and Dart Transit Company Addition and schedule a public hearing to be held on November 2, 2009. FACTS: • On September 22, 2009, City staff received a petition from Gary Santoorjian representing Dart Transit Company, requesting the vacation of public drainage & utility easements within a portion of Eagandale Center Industrial Park No. 16 and Dart Transit Company Addition. • The easements were dedicated with these two plats for the construction and maintenance of public utility lines and ponding. • It is anticipated that the proposed final plat of Dart Transit Company Second Addition, dedicating all necessary replacement public easements, will also be presented to the Council for consideration November 2, 2009, to coincide with consideration of this vacation. • Notices for a public hearing will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the public hearing. ATTACHMENTS: • Location Map, page Agenda Information Memo October 6, 2009 City Council W. FINAL PLAT — MARGARET MELL ACTION TO BE CONSIDERED: To approve a Final Plat to create one lot, Lot 1, Block 1, Hidden Horse Stables Addition, on approximately 5 acres located at 4085 Lexington Avenue South. REQUIRED VOTES FOR APPROVAL: Majority of Councilmembers present FACTS: > The subject property is unplatted and a single family home and attached garage are present on the site. Also present are a barn and two run-ins. > Access to the site is provided via Lexington Avenue (C.S.A.H. No. 43) and therefore the Dakota County Plat Commission has reviewed and approved this plat subject to the dedication of an additional 20 feet of right-of-way, identified on the plat. > The property is zoned A, Agriculture and consists of approximately 5 acres. ➢ A Conditional Use Permit for a riding arena approved by the City in May 2009 required platting of the property prior to issuance of a building permit. ATTACHMENTS (2): Location Map, pare Final Plat, page Location Map Eagan Boundary Right-of-way Parcel Area Park Area Building Footprint Ira it%SAetnazzota A Icascu►70tipNIra km` G ,��� .sSo��ocp� ooc edteESEIN. 04,4„ mc,.� e CI MCI up Films Ma rwi r WAL» wAa rUu ® ErniKix ma UM wq 1?■ ®� �� r�i�'�Ir`II`r�•v�/.• a . • v.. sr' � v. ��Iwo r"iffttil 4#4" LC ike VQ�LS �`C[�JnJ�:LJIJlt7�`,Ocu�'4��;� �� cG�G74 * 1 G CC CrGDoGCa7G 7�'a ��Gr � �� �oco� ��. cCGGOOCGCC��GOCOOrJ-C'] u� a 0 wimps 1i. , t, ft e. rro-• [ rn.p titan. 4E1 F252611--1 Wal'erg f rr ie"a9 "11 L7 q 1117 :F., r rico �r,n rr r� At.) 'Oed'C�o •ffd ��a«� rim a=aCilr AIM * ET ;1 Ivi1■��•[L�� •fa�47 •rrIL, ' `ill r r r ► s e ° Wil Irl Illir ti[lrillIM ► 1-1 Tl1aT�r► *1 ��� ri GWGC7Gi i ®�' c b �b a G lini i7,,nt.a4tooL. 1000 0 1000 2000 Feet Development/Developer: Mell 411` City of Eton Community Development Department 6'7 THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. N W� E 3 .4Z,40.00 N L£'99Z=0330 ZL'89Z='SV3W 3 sZ1.0.00 N 00'09ft asti `,0Sq 9 H `*1 `-,ts �/tl 3S 3W 3ozUI 3 3141 3o z/. 3 3141 so arm is3n___ LS1:19£�'SV3W 90'08£=0330 M.ZS,LO.00S = 0330 3 .90,L0.00 N Agenda Memo October 6 City Council Meeting CONSENT AGENDA: X. Address Change for Body Art Establishment License - Joseph Christensen ACTION TO BE CONSIDERED: Approve address change for Body Art Establishment License for Joseph Christensen to operate a body art establishment at 3390 Coachman Road, Suite 21 rather than 1960 Cliff Lake Road. FACTS: • The City Council approved a Body Art Establishment License for Joseph Christensen at 1960 Cliff Lake Road on August 3, 2009. • Mr. Christensen did not open the establishment at 1960 Cliff Lake Road and is requesting the license be transferred to 3390 Coachman Road, Suite 21. • The Planning Department has verified that this location is in the proper zoning area for such a business. • If approval for the address change is given, Mr. Christensen will be working with the Building Inspection Department to ensure the location is in compliance with the building code. ATTACHMENTS: • None. 57 Agenda Memo Eagan City Council Meeting October 6, 2009 Consent Agenda Y. APPROVE AMENDMENT TO TOWER LEASE TERMINATION AGREEMENT ACTION TO BE CONSIDERED: Approve the Amendment to the original tower lease termination agreement to provide for a 30 -day extension. FACTS: • On February 17, 2009 the Eagan City Council approved a tower lease termination agreement with Pinnacle Properties, the city's landlord at the former Burnsville Eagan Community Television studio site. • The agreement provided a method to save the two cities approximately $12,000 in costs to remove the tower and its cement pad if Pinnacle Properties decided it had an interest in retaining the tower prior to September 30, 2009. • On Friday, September 25, the City of Eagan was notified by Pinnacle Properties that they had identified a new tenant for the tower, but would not be able to firm up the agreements until mid- or late -October and requested a 30 day extension to the agreement. • Staff believes the agreement is in the interest of both cities and has drafted a 30 - day extension for consideration that has been signed by Pinnacle Properties. If passed by the Eagan Council, the extension agreement will be forwarded to the Burnsville City Council for concurrence. ATTACHMENTS: • None Agenda Information Memo October 6, 2009 Eagan City Council Meeting Z. CONTRACT 09-14, RAIN GARDENS SCHWANZ LAKE DRAINAGE IMPROVEMENTS ACTION TO BE CONSIDERED: Award Contract 09-14 (Rain Gardens — Schwanz Lake Drainage Improvements) to Earth Wizards, Inc., for a total amount of $60,347.16 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 09-14 provides for the construction of 10 rain garden sites located within the Golden Meadow neighborhood located north of Schwanz Lake, within the nearly 32 acres that presently drain overland directly into the lake. • In 2006, the Minnesota Pollution Control Agency (MPCA) listed both Fish and Schwanz Lakes, as impaired for aquatic recreation under Section 303(d) of the Clean Water Act. The main cause for these impairments is excessive nutrients in the lakes. The MPCA's proposed start date for Eagan's Total Maximum Daily Load (TMDL) Assessment for each lake was 2017, with completion of corresponding Implementation Plans proposed for 2020. • Upon the City Council's approval of the Water Quality and Wetland Management Plan in 2007, the City requested the scheduled start and completion dates of the TMDL efforts be moved to 2007 and 2011, respectively. The City of Eagan was awarded a $90,000 MPCA grant to facilitate the TMDL efforts. • As part of the assessment completed for Schwanz Lake and shared with stakeholders and a technical advisory committee during three meetings held between June 2008 and June 2009, implementation activities were suggested that would focus on reducing the movement of phosphorus from the watershed area into Schwanz Lake. Particular attention was recommended for nearly 32 acres north of the lake that drained into the lake without pretreatment from typical sedimentation basins or NURP ponds. • Water Quality improvements within the Schwanz Lake drainage district were programmed in the City's 5 -Year Capital Improvement Program (2009-2013). • On October 1, formal bid proposals from bidders were received for this contract. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid from Earth Wizards, Inc., has been reviewed by the Engineering Division and found to be in the best interest of the City and is in order for favorable Council action. • All contract work will be completed within public right-of-way and easements. Funding for these improvements will be the responsibility of the Water Quality Fund. Agenda Information Memo October 6, 2009 Eagan City Council Meeting AA. CONTRACT 09-07, STORM SEWER IMPROVEMENTS STORM WATER MANAGEMENT PLAN ACTION TO BE CONSIDERED: Award Contract 09-07 (Phase II, Storm Water Management Plan — Storm Sewer Improvements) to Quiring Excavating, LLC, for the base bid for a total amount of $84,088.25 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 09-07 provides for the construction of four individual storm sewer improvements (and three additional improvements with the acquisition of needed easements) recommended in the Storm Water Management Plan approved by the City Council in 2007. All of the improvements would provide flood protection to the level addressed by the storm sewer improvements constructed in response to the July 2000 Super Storm. Flooding of homes within some of the improvement areas occurred as a result of the Super Storm. • On July 27, 2009, an Open -House meeting was held at the direction of the City Council to discuss preliminary plans for the storm sewer improvements within the following neighborhoods: Oak Pond Road, Surrey Heights, Country Hollow, Nestling Circle, Jade Lane, Kirkwood Drive, Jessica Court/Hamilton Drive. • These projects have been combined under one contract to increase economies of scale. On August 18, 2009, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 09-07. • At 10:30 a.m. on September 29, formal bid proposals from each bidder were received and opened for this contract. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid from Quiring Excavating, LLC, has been reviewed by the Engineering Division and found to be in order for favorable Council action. • All contract work will be completed within public right-of-way and easements. Funding for these improvements will be the responsibility of the Storm Sewer Trunk Fund. ATTACHMENTS: • Bid Summary, page BID SUMMARY STORM WATER MANAGEMENT PLAN — PHASE II CITY PROJECT NO 08 -RAS -1 CITY CONTRACT NO 09-07 Bid Date/ Time: 10:30 a.m., Tuesday, September 29, 2009 10 Bids Received Contractors 1. Quiring Excavating LLC Total Base Bid $84,088 2. Hydrocon, Inc $91,169 3. Kusske Construction Company LLC $91,949 4. G.F. Jedlicki, Inc. $95,631 5. Stocker Excavating, Inc. $98,259 6. Burschville Construction, Inc. $112,613 7. Minger Construction, Inc. $113,284 8. Ryan Contracting Company $115,882 9. Geislinger and Sons, Inc. $128,528 10. Northdale Construction Company, Inc. $133,859 Low Base Bid Engineer's Estimate:. %o. Over Eng Estimate 08 -RAS -1 $84,088.25 $80,000.00 +5.1% G:\Project and Contract Information\09-07 Stormwater Management Phase II\Bid Summary.docx Agenda Information Memo October 6, 2009 Eagan City Council Meeting PUBLIC HEARINGS A. PROJECT 982, ST. FRANCIS WOODS ADDITION STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 982 (St. Francis Woods Addition - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 982 provided for the street improvements of various streets within the St. Francis Woods Addition neighborhood, located south of Duckwood Drive and east of Lexington Avenue in central Eagan. • The Final Assessment Roll was presented to the City Council on September 1, 2009, with a public hearing scheduled for October 6 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 25% less the estimated benefit amounts that were presented at the original Public Hearing January 6, 2009. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on September 29 to address all property owners' questions or concerns and provide any additional information of interest. Of the 108 parcels (single-family and townhome) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages through 93. (4 FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 982 Assessment: October 6, 2009 Name: St. Francis Woods Project Approval Date: January 6, 2009 Street Improvements Final Feasibility Rate Report Units SANITARY SEWER ❑ Trunk ❑ Lateral ❑ Service O Lat. Benefit/trunk STORM SEWER 0 Trunk Final Feasibility Rate Report Units WATER O Trunk O Lateral ❑ Service ❑ Lat. Benefit/trunk ❑ WAC STREET 0 Gravel Base ❑ Surf./ Signs - $961.41 $1,272 /SF Lot Direct Access $721.06 $954 / TH Lot 0 TH - Indirect $61.83 $82 / TH Lot Access ❑ C/I Equiv. ❑ Driveway OTHER O Service Pair STREET LIGHTS ❑ Installation ❑ Energy Charge Contract Number of Number Parcels 09-02 108 Terms 5 Years 195 Interest Amount City Rate Assessed Financed 6.5% $54,400 F.R. $106,900 F.R. $41,218.58 $70,769.19 (F.R. = Feasibility Report) 441, City of Eapp Demo To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: August 31, 2009 Subject: Final Assessment Roll, Project 982 St. Francis Woods Addition Street Overlay Improvements At the public hearing on January 6, 2009, the City Council ordered Project 982, and in accordance with the feasibility report, the following improvements were constructed: mill and overlay and replacement of traffic and street signage for the streets within the St. Francis Woods Addition neighborhood, and replacement of curb and gutter as needed. In the feasibility report, it was proposed to assess 50% of the street overlay and signage improvements in accordance with the City Special Assessment Policy. The improvements were completed under Contract 09-02. The following information was used in the preparation of the assessment roll for Project 982. PROJECT COST The construction cost includes the amount of $83,351.69 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $1,189.51. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $27,446.57 were incurred resulting in an improvement and project cost of $111,987.77. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMENT FEASIBILITY IMPROVEMENT COST COST REPORT Street Resurfacing/ Sign Replace $62,233.02 $20,204.15 $82,437.17 $108,800 Curb & Gutter Repair 22,308.18 7,242.42 29,550.60 $52,500 Totals $84,541.20 $27,446.57 $111,987.77 $159,300 1 Lotto ASSESSMENTS • TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. • STREET IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: ITEM UNIT EXTENDED UNIT QTY PRICE COST Mobilization L.S. 1.00 $2,000.00 $2,000.00 Mill bituminous pavement (1 'A" Sq. Yd. 2,577.30 0.60 1,546.38 depth, 6' width) Mill bituminous pavement (Full width Sq. Yd. 2,937.70 0.90 2,643.93 1 '/4" depth) Type LV WE45030B Wearing Course Ton 936.80 49.00 45,903.20 Mixture Bituminous mat. for tack coat Gal. 550.00 4.00 2,200.00 Traffic control L. S. 1.00 1,315.00 1,315.00 Adjust gate valve box EA 5.00 110.00 550.00 Adjust manhole casting — riser Each 1.00 165.00 165.00 Adjust frame & ring casting (manhole) Each 13.00 350.00 4,550.00 Repair gate valve top section w/ cover Each 1.00 170.00 170.00 Traffic signs L.S. 1 1,189.51 1,189.51 SUBTOTAL $62,233.02 Other costs @ 32.47% 20,204.15 Mill & Overlay/ Street Sign Cost $82,437.17 • IMPROVEMENT AND ASSESSMENT RATES Low Density Residential — Direct Driveway Access - The improvement and assessment rates for low-density residential properties is computed as follows: 1) 5,145 Single Family/ TH Front Footage/ 5,730 Total Front Footage = 89.8% 2) Residential equivalent properties (38.5 total, 34 single-family, 6 townhouse units at 75% lot equiv) 3) [$82,437.17 (Mill & Overlay Cost + Signage Cost) x 89.8% x 50%] = $37,014.29 (Total Residential Assessment) 4) $ 37,014.29 (Total Residential Assessment) - $961.41 / lot 38.5 Single Family Residential Lots 2 5) Town house => 75% of a Single Family Lot (0.75 x $961.41/ lot) = $721.06/ Townhome unit Low Density Residential — Indirect Driveway Access - The improvement and assessment rates for low-density residential properties with indirect driveway access is computed as follows: 1) 585 TH front footage - indirect / 5,730 (total f.f.) = 10.2% 2) 51 Residential equivalent properties (68 townhouse units at 75% lot equiv) 3) [$82,437.17 (Mill & Overlay Cost) x 50% x 10.2%] = $4,204.30 [Total Residential Assessment w/ indirect driveway] 4) $4,204.30 (R-1,2,3 Residential Assessment) 4 $82.44/ lot 51 Residential Lot Equivalents 5) Town house => 75% of a Single Family Lot (0.75 x $82.44/ lot) = $61.83/ Townhome unit • ASSESSMENT TERMS The assessments are proposed for a term of 5 years for residential properties. The interest rate is 6.5% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Street Resurfacing/ Signs $82,437.17 $41,218.58 $41,218.59 Curb & Gutter Repair 29,550.60 29,550.60 Total $111,987.77 $41,218.58 $70,769.19 ■ CITY FUND RESPONSIBILITY Major Street Fund: $70,769.19 Johri Corder, P.E. Reviewed Reviewed t�-t-o9 Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I Finance Department Date NORTH 1175 DUCKWOOD DR. 3600 A - DIRECT ACCESS 3600 B-E 3608 A -H jjj2H 1 1 11 1 1 1 ■ 1 ST. FRANCIS WAY ',1/1145/ ii/ . BLUE HERON /� ( PRIVATE STREET ) 3617 A -H 3623 A -F 3616 A -F 3620 A -F /1208- 1 }.■w <1EC 1 }I1- W, m_ ma FALCON WAY / 3720 3716' ///� LEGEND WI ® ® ® ASSESSMENT AREA EMEIHRESSINI Direct Access Indirect Access STREET IMPROVEMENTS Single Family/Townhome $961.41 / Lot $721.06/Unit Townhome $ 61.83 / Unit 3732 3728, LEXINGTON AVE. -7D City of Eapll Engineering Department St. Francis Wood 6th Addition Street Revitalization - Project 982 Assessments / Street Improvement Area 8.24-09 Combined Assessment Roll Project Number 10P982 PID 10-65903-001-04 10-65903-001-05 10-65903-002-04 10-65903-002-05 10-65903-003-04 10-65903-003-05 10-65903-004-04 10-65903-004-05 10-65903-005-04 10-65903-005-05 10-65903-006-04 10-65903-006-05 10-65903-007-04 10-65903-007-05 10-65903-008-04 10-65903-008-05 10-65903-009-04 10-65903-009-05 10-65903-010-04 10-65903-010-05 10-65903-011-04 10-65903-012-04 10-65903-012-05 10-65903-013-04 10-65903-013-05 10-65903-014-04 10-65903-014-05 10-65903-015-04 10-65903-015-05 10-65903-016-04 10-65903-016-05 10-65903-017-04 10-65903-018-04 10-65903-018-05 10-65903-019-04 10-65903-019-05 10-65903-020-04 10-65903-021-04 10-65903-021-05 Address 3664 Abbey Way 3616 St Francis Way 3664 Abbey Way 3616 St Francis Way 3664 Abbey Way 3616 St Francis Way 3664 Abbey Way 3616 St Francis Way 3664 Abbey Way 3616 St Francis Way 3664 Abbey Way 3616 St Francis Way 3629 St Francis Way 3612 St Francis Way 3629 St Francis Way 3612 St Francis Way 3629 St Francis Way 3612 St Francis Way 3629 St Francis Way 3612 St Francis Way 3629 St Francis Way 3629 St Francis Way 3612 St Francis Way 3629 St Francis Way 3612 St Francis Way 3635 St Francis Way 3612 St Francis Way 3635 St Francis Way 3608 St Francis Way 3635 St Francis Way 3608 St Francis Way 3635 St Francis Way 3635 St Francis Way 3608 St Francis Way 3635 St Francis Way 3608 St Francis Way 3635 St Francis Way 3623 St Francis Way 3608 St Francis Way Friday, October 02, 2009 Addition Name St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th St Francis Wood 4th 7( Proposed Assessment $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 Pending Assessment $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 $82.00 Variance $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 $20.17 Page 1 of 3 Combined Assessment Roll Project Number 10P982 Proposed Pending PID Address Addition Name Assessment Assessment Variance 10-65903-022-04 3623 St Francis Way St Francis Wood 4th 10-65903-022-05 3608 St Francis Way St Francis Wood 4th 10-65903-023-04 3623 St Francis Way St Francis Wood 4th 10-65903-023-05 3600 St Francis Way St Francis Wood 4th 10-65903-024-04 3623 St Francis Way St Francis Wood 4th 10-65903-024-05 3600 St Francis Way St Francis Wood 4th 10-65903-025-04 3623 St Francis Way St Francis Wood 4th 10-65903-025-05 3600 St Francis Way St Francis Wood 4th 10-65903-026-04 3623 St Francis Way St Francis Wood 4th 10-65903-026-05 3600 St Francis Way St Francis Wood 4th 10-65903-027-04 3620 St Francis Way St Francis Wood 4th 10-65903-027-05 3600 St Francis Way St Francis Wood 4th 10-65903-028-04 3620 St Francis Way St Francis Wood 4th 10-65903-028-05 1175 Duckwood Tr St Francis Wood 4th 10-65903-029-04 3620 St Francis Way St Francis Wood 4th 10-65903-029-05 1175 Duckwood Tr St Francis Wood 4th 10-65903-030-04 3620 St Francis Way St Francis Wood 4th 10-65903-030-05 1175 Duckwood Tr St Francis Wood 4th 10-65903-031-04 3620 St Francis Way St Francis Wood 4th 10-65903-031-05 1175 Duckwood Tr St Francis Wood 4th 10-65903-032-04 3620 St Francis Way St Francis Wood 4th 10-65903-032-05 1175 Duckwood Tr St Francis Wood 4th 10-65903-033-05 3601 St Francis Way St Francis Wood 4th 10-65903-034-05 3601 St Francis Way St Francis Wood 4th 10-65903-035-05 3601 St Francis Way St Francis Wood 4th 10-65903-036-05 3601 St Francis Way St Francis Wood 4th 10-65903-037-05 3601 St Francis Way St Francis Wood 4th 10-65903-038-05 3617 St Francis Way St Francis Wood 4th 10-65903-039-05 3617 St Francis Way St Francis Wood 4th 10-65903-040-05 3617 St Francis Way St Francis Wood 4th 10-65903-041-05 3617 St Francis Way St Francis Wood 4th 10-65903-042-05 3617 St Francis Way St Francis Wood 4th 10-65903-043-05 3617 St Francis Way St Francis Wood 4th 10-65903-044-05 3617 St Francis Way St Francis Wood 4th 10-65903-045-05 3617 St Francis Way St Francis Wood 4th 10-65905-010-01 1184 Duckwood Tr St Francis Wood 6th 10-65905-010-02 1145 Blue Heron Ct St Francis Wood 6th 10-65905-020-01 1188 Duckwood Tr St Francis Wood 6th 10-65905-020-02 1149 Blue Heron Ct St Francis Wood 6th 10-65905-030-01 1192 Duckwood Tr St Francis Wood 6th 10-65905-030-02 1153 Blue Heron Ct St Francis Wood 6th Friday, October 02, 2009 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $721.06 $61.83 $721.06 $61.83 $721.06 $61.83 $721.06 $61.83 $721.06 $61.83 $721.06 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $61.83 $961.41 $961.41 $961.41 $961.41 $961.41 $961.41 $82.00 $20.17 $82.00 $20.17 $82.00 $20.17 $82.00 $20.17 $82.00 $20.17 $82.00 $20.17 $82.00 $20.17 $82.00 $20.17 $82.00 $20.17 $82.00 $20.17 $82.00 $20.17 $954.00 $232.94 $82.00 $20.17 $954.00 $232.94 $82.00 $20.17 8954.00 $232.94 $82.00 $20.17 $954.00 $232.94 $82.00 $20.17 $954.00 $232.94 $82.00 $20.17 $954.00 $232.94 $82.00 $20.17 $82.00 $20.17 $82.00 $20.17 $82.00 $20.17 $82.00 $20.17 $82.00 $20.17 $82.00 $20.17 $82.00 $20.17 $82.00 $20.17 $82.00 $20.17 $82.00 $20.17 $82.00 $20.17 $82.00 $20.17 $1,272.00 $310.59 $1,272.00 $310.59 $1,272.00 $310.59 $1,272.00 $310.59 $1,272.00 $310.59 $1,272.00 $310.59 Page 2 of 3 Combined Assessment Roll Project Number 10P982 P1» 10-65905-040-01 10-65905-040-02 10-65905-050-01 10-65905-050-02 10-65905-060-01 10-65905-060-02 10-65905-070-01 10-65905-070-02 10-65905-080-02 10-65905-090-02 10-65905-100-02 10-65905-110-02 10-65905-120-02 10-65905-130-02 10-65905-140-02 10-65905-150-02 10-65905-160-02 10-65905-170-02 10-65905-180-02 10-65905-190-02 10-65905-200-02 10-65905-210-02 10-65905-220-02 10-65905-230-02 10-65905-240-02 10-65905-250-02 10-65905-260-02 10-65905-270-02 Address 1196 Duckwood Tr 1157 Blue Heron Ct 1200 Duckwood Tr 1160 Blue Heron Ct 1204 Duckwood Tr 1156 Blue Heron Ct 1208 Duckwood Tr 1152 Blue Heron Ct 1148 Blue Heron Ct 1144 Blue Heron Ct 1140 Blue Heron Ct 1191 Duckwood Tr 1195 Duckwood Tr 1147 Bald Eagle Ct 1150 Bald Eagle Ct 1146 Bald Eagle Ct 1203 Duckwood Tr 1207 Duckwood Tr 1211 Duckwood Tr 3741 Falcon Way 3744 Falcon Way 3740 Falcon Way 3736 Falcon Way 3732 Falcon Way 3728 Falcon Way 3724 Falcon Way 3720 Falcon Way Addition Name St Francis Wood 6th St Francis Wood 6th St Francis Wood 6th St Francis Wood 6th St Francis Wood 6th St Francis Wood 6th St Francis Wood 6th St Francis Wood 6th St Francis Wood 6th St Francis Wood 6th St Francis Wood 6th St Francis Wood 6th St Francis Wood 6th St Francis Wood 6th St Francis Wood 6th St Francis Wood 6th St Francis Wood 6th St Francis Wood 6th St Francis Wood 6th St Francis Wood 6th St Francis Wood 6th St Francis Wood 6th St Francis Wood 6th St Francis Wood 6th St Francis Wood 6th St Francis Wood 6th St Francis Wood 6th 3716 Falcon Way St Francis Wood 6th Summary for 'SA_Nbr' = 10P982 (108 detail records) Sum Friday, October 02, 2009 Proposed Assessment $961.41 $961.41 $961.41 $961.41 $961.41 $961.41 $961.41 $961.41 $961.41 $961.41 $961.41 $961.41 $961.41 $961.41 $961.41 $961.41 $961.41 $961.41 $961.41 $961.41 $961.41 $961.41 $961.41 $961.41 $961.41 $961.41 $961.41 $961.41 $41,218.74 Pending Assessment Variance $1,272.00 $310.59 $1,272.00 $310.59 $1,272.00 $310.59 $1,272.00 $310.59 $1,272.00 $310.59 $1,272.00 $310.59 $1,272.00 $310.59 $1,272.00 $310.59 $1,272.00 $310.59 $1,272.00 $310.59 $1,272.00 $310.59 $1,272.00 $310.59 $1,272.00 $310.59 $1,272.00 $310.59 $1,272.00 $310.59 $1,272.00 $310.59 $1,272.00 $310.59 $1,272.00 $310.59 $1,272.00 $310.59 $1,272.00 $310.59 $1,272.00 $310.59 $1,272.00 $310.59 $1,272.00 $310.59 $1,272.00 $310.59 $1,272.00 $310.59 $1,272.00 $310.59 $1,272.00 $310.59 $1,272.00 $310.59 $54, 548.00 $13,329.26 Page 3 of 3 Agenda Information Memo October 6, 2009 Eagan City Council Meeting B. PROJECT 1002, PINECREST OF EAGAN ADDITION STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1002 (Pinecrest of Eagan Addition - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1002 provided for the street improvements of Crestridge Court and Pinecrest Court within the Pinecrest of Eagan Addition neighborhood, located south of Crestridge Lane and east of Pilot Knob Road in central Eagan. • The Final Assessment Roll was presented to the City Council on September 1, 2009, with a public hearing scheduled for October 6 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 16% less the estimated benefit amounts that were presented at the original Public Hearing January 20, 2009. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on September 29 to address all property owners' questions or concerns and provide any additional information of interest. Of the 27 parcels (all single-family) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages through. FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 1002 Assessment: October 6, 2009 Name: Pinecrest of Eagan Project Approval Date: January 20, 2009 Street Improvements Final Feasibility Rate Report Units SANITARY SEWER ❑ Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk STORM SEWER ❑ Trunk Final Feasibility Rate Report Units WATER ❑ Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk ❑ WAC STREET ❑ Gravel Base El Surf./ Signs - SF $774.37 $920 / Lot ❑ C/I Equiv. ❑ Driveway OTHER ❑ Service Pair STREET LIGHTS ❑ Installation ❑ Energy Charge Contract Number of Interest Amount City Number Parcels Terms Rate Assessed Financed 09-02 27 5 Years 6.5% $24,820 F.R. $50,410 F.R. $20,908.07 $29,899.48 (F.R. = Feasibility Report) 41til City of Eaaall Yemo To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: August 31, 2009 Subject: Final Assessment Roll, Project 1002 Pinecrest of Eagan - Street Overlay Improvements At the public hearing on January 20, 2009, the City Council ordered Project 1002, and in accordance with the feasibility report, the following improvements were constructed: mill and overlay, replacement of traffic and street signage, and replacement of curb and gutter as needed for Pinecrest of Eagan (Pinecrest Court and Crestridge Court). In the feasibility report, it was proposed to assess 50% of the street overlay and signage improvement costs to the residential properties in accordance with the City Special Assessment Policy. The improvements were completed under Contract 09-02. The following information was used in the preparation of the assessment roll for Project 1002. PROJECT COST The construction cost includes the amount of $29,894.84 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $784.68. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $19, 128.03 were incurred resulting in an improvement and project cost of $49,807.55. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMENT FEASIBILITY IMPROVEMENT COST COST REPORT Street Resurfacing/ Sign Replace $25,757.12 $16,059.02 $41,816.14 $49,640 Curb & Gutter Repair 4,922.40 3,069.01 7,991.41 $25,590 Totals $30,679.52 $19,128.03 $49,807.55 $75,230 1 ASSESSMENTS • TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. • STREET IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: ITEM UNIT EXTENDED UNIT QTY PRICE COST Mobilization L.S. 1 $2,000.00 $2,000.00 Mill bituminous pavement Sq. Yd. 1,595.40 0.60 957.24 Bituminous mat. for tack coat Gal. 300.00 4.00 1,200.00 Wear Course Mixture Ton 369.80 49.00 18,120.20 Traffic control L. S. 1 1,315.00 1,315.00 Adjust frame & ring casting (manhole) Each 3.00 350.00 1,050.00 Adjust manhole casting - riser Each 2.00 165.00 330.00 Traffic signs L.S. 1 784.68 784.68 SUBTOTAL $25,757.12 Other costs @ 62.35% 16,059.02 Mill & Overlay/ Street Sign Cost $41,816.14 • IMPROVEMENT AND ASSESSMENT RATES Low Density Residential — All benefiting properties are low density residential. The improvement and assessment rates for the low-density residential properties is computed as follows: 1) [$41,816.14 (Mill & Overlay Cost + Signage Cost) x 50%] = $20,908.07 [Total Res Assessment (R-1, 2, 3)] 2) $20,908.07 (Total Residential Assessment) - $774.37 / lot 27 Single Family Residential Lots • ASSESSMENT TERMS The assessments are proposed for a term of 5 years for residential properties. The interest rate is 6.5% per annum on the unpaid balance. 2 CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Street Resurfacing/ Signs $41,816.14 $20,908.07 $20,908.07 Curb & Gutter Repair 7,991.41 7,991.41 Total $49,807.55 $20,908.07 $28,899.48 • CITY FUND RESPONSIBILITY Major Street Fund: $28,899.48 Joh order, P.E. Reviewed Public Works Department �o t—c(9 Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I Reviewed Finance Dep . ment Date 3 I P -( O ) NORTH PILOT KNOB RD. G LEGEND MN NM MN I ASSESSMENT AREA gmENEBEEmog STREET IMPROVEMENTS Single Family Lot @ $ 774.37 / Lot V// c J CRESTRIDGE LN. FISH LAKE 112/06 City of Eapl Engineering Department Pinecrest of Eagan Street Revitalization - Project 1002 Assessments / Street Improvement Area -17 Combined Assessment Roll Project Number PA 1002 Proposed Pending PID Address Addition Name Assessment Assessment Variance 10-15400-011-01 3631 Crestridge Ct Buffer Hills $774.37 $920.00 $145.63 10-15400-012-01 3633 Crestridge Ct Buffer Hills $774.37 $920.00 $145.63 10-15400-020-01 3637 Crestridge Ct Buffer Hills $774.37 $920.00 $145.63 10-15400-030-01 3647 Crestridge Ct Buffer Hills $774.37 $920.00 $145.63 10-15400-061-01 3630 Crestridge Ct Buffer Hills $774.37 $920.00 $145.63 10-15400-062-01 3632 Crestridge Ct Buffer Hills $774.37 $920.00 $145.63 10-15401-010-01 3650 Crestridge Ct Buffer Hills 2nd $774.37 $920.00 $145.63 10-15401-020-01 3644 Crestridge Ct Buffer Hills 2nd $774.37 $920.00 $145.63 10-15401-030-01 3640 Crestridge Ct Buffer Hills 2nd $774.37 $920.00 $145.63 10-15401-040-01 3636 Crestridge Ct Buffer Hills 2nd $774.37 $920.00 $145.63 10-57600-010-01 3641 Pinecrest Ct Pinecrest of Eagan $774.37 $920.00 $145.63 10-57600-020-01 3645 Pinecrest Ct Pinecrest of Eagan $774.37 $920.00 $145.63 10-57600-030-01 3649 Pinecrest Ct Pinecrest of Eagan $774.37 $920.00 $145.63 10-57600-040-01 3653 Pinecrest Ct Pinecrest of Eagan $774.37 $920.00 $145.63 10-57600-050-01 3657 Pinecrest Ct Pinecrest of Eagan $774.37 $920.00 $145.63 10-57600-060-01 3661 Pinecrest Ct Pinecrest of Eagan $774.37 $920.00 $145.63 10-57600-070-01 3665 Pinecrest Ct Pinecrest of Eagan $774.37 $920.00 $145.63 10-57600-080-01 3669 Pinecrest Ct Pinecrest of Eagan $774.37 $920.00 $145.63 10-57600-090-01 3672 Pinecrest Ct Pinecrest of Eagan $774.37 $920.00 $145.63 10-57600-100-01 3668 Pinecrest Ct Pinecrest of Eagan $774.37 $920.00 $145.63 10-57600-110-01 3664 Pinecrest Ct Pinecrest of Eagan $774.37 $920.00 $145.63 10-57600-120-01 3660 Pinecrest Ct Pinecrest of Eagan $774.37 $920.00 $145.63 10-57600-130-01 3656 Pinecrest Ct Pinecrest of Eagan $774.37 $920.00 $145.63 10-57600-140-01 3652 Pinecrest Ct Pinecrest of Eagan $774.37 $920.00 $145.63 10-57600-150-01 3648 Pinecrest Ct Pinecrest of Eagan $774.37 $920.00 $145.63 10-57600-160-01 3644 Pinecrest Ct Pinecrest of Eagan $774.37 $920.00 $145.63 10-57600-170-01 3640 Pinecrest Ct Pinecrest of Eagan $774.37 $920.00 $145.63 Summary for 'SA_Nbr' = PA1002 (27 detail records) Sum $20,907.99 Friday, October 02, 2009 $24,840.00 $3, 932.01 Page I of I Agenda Information Memo October 6, 2009 Eagan City Council Meeting C. PROJECT 973, WINDTREE ADDITION STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 973 (Windtree Additon - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 973 provided for the street improvements of various streets within the Windtree Addition neighborhood, located north of Wescott Road and east of Elrene Road in east -central Eagan. • The Final Assessment Roll was presented to the City Council on September 1, 2009, with a public hearing scheduled for October 6 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 27% less the estimated benefit amounts that were presented at the original Public Hearing January 6, 2009. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on September 29 to address all property owners' questions or concerns and provide any additional information of interest. Of the 168 parcels (167 single-family and 1 City park) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, page through I . FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 973 Assessment: October 6, 2009 Name: Windtree Addition Project Approval Date: December 16, 2008 Street Improvements Final Feasibility Rate Report Units SANITARY SEWER ❑ Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk STORM SEWER O Trunk Final Feasibility Rate Report Units WATER ❑ Trunk ❑ Lateral ❑ Service O Lat. Benefit/trunk ❑ WAC STREET ❑ Gravel Base E1 Surfacing/ Signs $706.74 $960 / Lot ❑ Multi Family Equiv. O C/I Equiv. O Driveway OTHER O Service Pair STREET LIGHTS ❑ Installation ❑ Energy Charge Contract Number of Number Parcels 09-02 168 Terms 5 Years Interest Amount City Rate Assessed Financed 6.5% $161,740 F.R. $247,750 F.R. $119,438.76 $199,471.58 (F.R. = Feasibility Report) 41111 City of Eaali Yeino To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: September 2, 2009 Subject: Final Assessment Roll, Project 973 Windtree Addition Street Overlay Improvements At the public hearing on December 16, 2008, the City Council ordered Project 973, and in accordance with the feasibility report, the following improvements were constructed: mill and overlay and replacement of traffic and street signage for the streets within the Windtree Addition neighborhood, and replacement of curb and gutter as needed. In the feasibility report, it was proposed to assess 50% of the street overlay and signage improvements in accordance with the City Special Assessment Policy. The improvements were completed under Contract 09-02. The following information was used in the preparation of the assessment roll for Project 973. PROJECT COST The construction cost includes the amount of $252,981.70 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $3,288.49. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $62,640.15 were incurred resulting in an improvement and project cost of $318,910.34. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMENT FEASIBILITY IMPROVEMENT COST COST REPORT Street Resurfacing/ Sign Replace $191,957.37 $46,920.16 $238,877.53 $323,480 Curb & Gutter Repair 64,312.82 15,719.99 80,032.81 $86,010 Totals $256,270.19 $62,640.15 $318,910.34 $409,490 1 g3 ASSESSMENTS • TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. • STREET IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: ITEM UNIT EXTENDED UNIT QTY PRICE COST Mobilization L.S. 1 $2,000.00 $2,000.00 Mill bituminous surface Sq. Yd. 13,309 0.60 7,985.40 Bituminous mat. for tack coat Gal. 2,525 4.00 10,100.00 Wear Course Mixture Ton 3,012.52 49.00 147,613.48 Traffic control L. S. 1 1,315.00 1,315.00 Adjust manhole casting - complete Each 31 350.00 10,850.00 Adjust manhole casting - riser Each 33 165.00 5,445.00 Remove & replace casting (1 642B) Each 11 110.00 1,210.00 Adjust gate valve box Each 1 665.00 665.00 Repair gate valve top section w/ cover Each 6 170.00 1,020.00 Repair gate valve — mid section Each 3 155.00 465.00 Traffic signs L.S. 1 3,288.49 3,288.49 SUBTOTAL $191,957.37 Other costs @ 24.44% $46,920.16 Mill & Overlay/ Street Sign Cost $238,877.53 • IMPROVEMENT AND ASSESSMENT RATES All assessable properties within the project area are low-density residential. Wescott Station Park property is proposed to be assessed 2 single-family residential lot equivalents. The improvement and assessment rates for low-density residential properties are computed as follows: 1) [$238,877.53 (Mill & Overlay Cost + Signage Cost) x 50%] = $119,438.76 [Total Residential Assessment (R-1, 2)] 2) $ 119,438.76 (Total Residential Assessment) 4 $706.74 / lot 169 Single Family Residential Lots • ASSESSMENT TERMS The assessments are proposed for a term of 5 years. The interest rate is 6.5% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Street Resurfacing/ Signs $238,877.53 $119,438.76 $119,438.77 Curb & Gutter Repair 80,032.81 80,032.81 Total $318,910.34 $119,438.76 $199,471.58 • CITY FUND RESPONSIBILITY Major Street Fund: $199,471.58 ( Johijiorder, P.E. Reviewed Public Works Department - off Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I Reviewed Finance De s artment Date NORTH LEGEND =T .. t _ Street Improvements IN MI NI IN Residential Lots - $ 706.74 / Lot Assessable Area 3630. 3632 3636' 638// 3646 3646 /3647 !3722 /37/50 v:= � y vis iii % ,� irPrOMPIP7 �/668 ,: WESCOTT ROAD 8-24-2009 City of Evan Engineering Department Windtree 1st - 8th Additions Street Revitalization - Project 973 Assessments / Street Improvement Area Combined Assessment Roll Project Number PID 10-84470-010-01 10-84470-020-01 10-84470-030-01 10-84470-040-01 10-84470-050-01 10-84470-060-01 10-84470-070-01 10-84470-080-01 10-84470-090-01 10-84470-100-01 10-84470-110-01 10-84470-120-01 10-84470-130-01 10-84470-140-01 10-84471-130-03 10-84471-140-03 10-84472-010-01 10-84472-010-02 10-84472-010-03 10-84472-010-04 10-84472-020-01 10-84472-020-02 10-84472-020-03 10-84472-020-04 10-84472-030-01 10-84472-030-02 10-84472-030-03 10-84472-040-01 10-84472-040-02 10-84472-040-03 10-84472-050-01 10-84472-050-02 10-84472-050-03 10-84472-060-01 10-84472-060-03 10-84472-070-01 10-84472-070-03 10-84472-080-03 10-84472-090-03 IOP973 Address 757 Elrene Ct 765 Elrene Ct 781 Elrene Ct 789 Elrene Ct 795 Elrene Ct 797 Elrene Ct 798 Elrene Ct 792 Elrene Ct 786 Elrene Ct 780 Elrene Ct 774 Elrene Ct 768 Elrene Ct 762 Elrene Ct 756 Elrene Ct 3665 Windtree Cir 3667 Windtree Cir 3630 Windtree Dr 3635 Ridgewood Dr 3629 Windtree Dr 3671 Windtree Cir 3632 Windtree Dr 3652 Windtree Dr 3633 Windtree Dr 3675 Windtree Cir 3634 Windtree Dr 3658 Windtree Dr 3637 Windtree Dr 3636 Windtree Dr 3664 Windtree Dr 3641 Windtree Dr 3638 Windtree Dr 3676 Windtree Dr 3643 Windtree Dr 3640 Windtree Dr 3645 Windtree Dr 3642 Ridgewood Dr 3647 Windtree Ct 3649 Windtree Ct 3651 Windtree Ct Friday, October 02, 2009 Addition Name Windtree Windtree Windtree Windtree Windtree Windtree Windtree Windtree Windtree Windtree Windtree Windtree Windtree Windtree Windtree 2nd Windtree 2nd Windtree 3rd Windtree 3rd Windtree 3rd Windtree 3rd Windtree 3rd Windtree 3rd Windtree 3rd Windtree 3rd Windtree 3rd Windtree 3rd Windtree 3rd Windtree 3rd Windtree 3rd Windtree 3rd Windtree 3rd Windtree 3rd Windtree 3rd Windtree 3rd Windtree 3rd Windtree 3rd Windtree 3rd Windtree 3rd Windtree 3rd g7 Proposed Pending Assessment Assessment $706.74 $706.74 $706.74 $706.74 $706.74 $706.74 $706.74 $706.74 $706.74 $706.74 $706,74 $706.74 $706.74 $706.74 $706.74 $706.74 $706.74 $706.74 $706.74 $706.74 $706.74 $706.74 $706.74 $706.74 $706.74 $706.74 $706.74 $706.74 $706.74 $706.74 $706.74 $706.74 $706.74 $706.74 $706.74 $706.74 $706.74 $706.74 $706.74 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 Variance $253.26 $253.26 $253.26 $253.26 $253.26 $253.26 $253.26 $253.26 $253.26 $253.26 $253.26 $253,26 $253.26 $253.26 $253.26 $253.26 $253.26 $253.26 $253.26 $253.26 $253.26 $253.26 $253.26 $253.26 $253.26 $253.26 $253.26 $253.26 $253.26 $253.26 $253.26 $253.26 $253.26 $253,26 $253.26 $253.26 $253.26 $253.26 $253.26 Page I of 5 Combined Assessment Roll Project Number 10P973 PID 10-84472-100-03 10-84472-110-03 10-84472-120-03 10-84472-130-03 10-84472-140-03 10-84472-150-03 10-84473-010-00 10-84473-010-01 10-84473-010-02 10-84473-010-03 10-84473-010-04 10-84473-010-05 10-84473-020-01 10-84473-020-02 10-84473-020-03 10-84473-020-04 10-84473-030-01 10-84473-030-02 10-84473-030-03 10-84473-030-04 10-84473-040-01 10-84473-040-02 10-84473-040-03 10-84473-050-01 10-84473-050-03 10-84473-060-01 10-84473-060-03 10-84473-070-03 10-84473-080-03 10-84473-090-03 10-84474-010-01 10-84474-020-01 10-84474-030-01 10-84474-040-01 10-84474-050-01 10-84474-060-01 10-84474-070-01 10-84474-080-01 10-84474-090-01 10-84474-100-01 10-84474-110-01 Address 3653 Windtree Ct 3655 Windtree Ct 3657 Windtree Ct 3659 Windtree Cir 3661 Windtree Cir 3663 Windtree Cir 3644 Ridgewood Dr 3676 Ridgewood Dr 3637 Ridgewood Dr 3685 Windtree Dr 3709 Windtree Dr 3646 Ridgewood Dr 3682 Ridgewood Dr 3649 Ridgewood Dr 3691 Windtree Dr 3648 Ridgewood Dr 3688 Ridgewood Dr 3655 3697 3652 3698 3661 3658 3675 3664 3689 Ridgewood Dr Windtree Dr Ridgewood Dr Windtree Dr Ridgewood Dr Ridgewood Dr Ridgewood Dr Ridgewood Dr Ridgewood Dr 3694 Windtree Dr 3688 Windtree Dr 3682 Windtree Dr 680 684 688 692 696 700 704 708 712 716 720 Stonewood Rd Stonewood Rd Stonewood Rd Stonewood Rd Stonewood Rd Stonewood Rd Stonewood Rd Stonewood Rd Stonewood Rd Stonewood Rd Stonewood Rd Friday, October 02, 2009 Proposed Pending Addition Name Assessment Assessment Variance Windtree 3rd $706.74 $960.00 $253.26 Windtree 3rd $706.74 $960.00 $253.26 Windtree 3rd $706.74 $960.00 $253.26 Windtree 3rd $706.74 $960.00 $253.26 Windtree 3rd $706.74 $960.00 $253.26 Windtree 3rd $706.74 $960.00 $253.26 Windtree 4th $1,413.48 $1,920.00 $506.52 Windtree 4th $706.74 $960.00 $253.26 Windtree 4th $706.74 $960.00 $253.26 Windtree 4th $706.74 $960.00 $253.26 Windtree 4th $706.74 $960.00 $253.26 Windtree 4th $706.74 $960.00 $253.26 Windtree 4th $706.74 $960.00 $253.26 Windtree 4th $706.74 $960.00 $253.26 Windtree 4th $706.74 $960.00 $253.26 Windtree 4th $706.74 $960.00 $253.26 Windtree 4th $706.74 $960.00 $253.26 Windtree 4th $706.74 $960.00 $253.26 Windtree 4th $706.74 $960.00 $253.26 Windtree 4th $706.74 $960.00 $253.26 Windtree 4th $706.74 $960.00 $253.26 Windtree 4th $706.74 $960.00 $253.26 Windtree 4th $706.74 $960.00 $253.26 Windtree 4th $706.74 $960.00 $253.26 Windtree 4th $706.74 $960.00 $253.26 Windtree 4th $706.74 $960.00 $253.26 Windtree 4th $706.74 $960.00 $253.26 Windtree 4th $706.74 $960.00 $253.26 Windtree 4th $706.74 $960.00 $253.26 Windtree 4th $706.74 $960.00 $253.26 Windtree 5th $706.74 $960.00 $253.26 Windtree 5th $706.74 $960.00 $253.26 Windtree 5th $706.74 $960.00 $253.26 Windtree 5th $706.74 $960.00 $253.26 Windtree 5th $706.74 $960.00 $253.26 Windtree 5th $706.74 $960.00 $253.26 Windtree 5th $706.74 $960.00 $253.26 Windtree 5th $706.74 $960.00 $253.26 Windtree 5th $706.74 $960.00 $253.26 Windtree 5th $706.74 $960.00 $253.26 Windtree 5th $706.74 $960.00 $253.26 e.e Page2of5 Combined Assessment Roll Project Number 10P973 PID 10-84475-010-01 10-84475-010-02 10-84475-020-01 10-84475-020-02 10-84475-030-01 10-84475-040-01 10-84475-050-01 10-84475-060-01 10-84475-070-01 10-84475-080-01 10-84475-090-01 10-84475-100-01 10-84475-110-01 10-84475-120-01 10-84476-010-01 10-84476-010-02 10-84476-010-03 10-84476-020-01 10-84476-020-02 10-84476-020-03 10-84476-030-01 10-84476-030-02 10-84476-030-03 10-84476-040-01 10-84476-040-02 10-84476-040-03 10-84476-050-01 10-84476-050-02 10-84476-050-03 10-84476-060-01 10-84476-060-02 10-84476-060-03 10-84476-070-01 10-84476-070-02 10-84476-070-03 10-84476-080-01 10-84476-080-02 10-84476-080-03 10-84476-090-01 10-84476-090-02 10-84476-090-03 Address 681 Stonewood Rd 3706 Ridgewood Dr 685 Stonewood Rd 3712 Ridgewood Dr 689 Stonewood Rd 3720 Stonewood Ct 3724 Stonewood Ct 3728 Stonewood Ct 3725 Stonewood Ct 3721 Stonewood Ct 3717 Stonewood Ct 705 709 713 722 715 Stonewood Rd Stonewood Rd Stonewood Rd Brentwood Lane Brentwood Lane 3772 Ridgewood Dr 718 Brentwood Lane 707 Brentwood Lane 3766 Ridgewood Dr 714 Brentwood Lane 699 Brentwood Lane 3760 Ridgewood Dr 710 Brentwood Lane 695 Brentwood Lane 3754 Ridgewood Dr 706 Brentwood Lane 691 Brentwood Lane 3748 Ridgewood Dr 702 Brentwood Lane 687 Brentwood Lane 3742 Ridgewood Dr 698 Brentwood Lane 683 Brentwood Lane 3736 Ridgewood Dr 694 Brentwood Lane 679 Brentwood Lane 3730 Ridgewood Dr 690 Brentwood Lane 3763 Ridgewood Dr 3724 Ridgewood Dr Friday, October 02, 2009 Proposed Pending Addition Name Assessment Assessment Variance Windtree 6th $706.74 $960.00 $253.26 Windtree 6th $706.74 $960.00 $253.26 Windtree 6th $706.74 $960.00 $253.26 Windtree 6th $706.74 $960.00 $253.26 Windtree 6th $706.74 $960.00 $253.26 Windtree 6th $706.74 $960.00 $253.26 Windtree 6th $706.74 $960.00 $253.26 Windtree 6th $706.74 $960.00 $253.26 Windtree 6th $706.74 $960.00 $253.26 Windtree 6th $706.74 $960.00 $253.26 Windtree 6th $706.74 $960.00 $253.26 Windtree 6th $706.74 $960.00 $253.26 Windtree 6th $706.74 $960.00 $253.26 Windtree 6th $706.74 $960.00 $253.26 Windtree 7th $706.74 $960.00 $253.26 Windtree 7th $706.74 $960.00 $253.26 Windtree 7th $706.74 $960.00 $253.26 Windtree 7th $706.74 $960.00 $253.26 Windtree 7th $706.74 $960.00 $253.26 Windtree 7th $706.74 . $960.00 $253.26 Windtree 7th $706.74 $960.00 $253.26 Windtree 7th $706.74 $960.00 $253.26 Windtree 7th $706.74 $960.00 $253.26 Windtree 7th $706.74 $960.00 $253.26 Windtree 7th $706.74 $960.00 . $253.26 Windtree 7th $706.74 $960.00 $253.26 Windtree 7th $706.74 $960.00 $253.26 Windtree 7th $706.74 $960.00 $253.26 Windtree 7th $706.74 $960.00 $253.26 Windtree 7th $706.74 $960.00 $253.26 Windtree 7th $706.74 $960.00 $253.26 Windtree 7th $706.74 $960.00 $253.26 Windtree 7th $706.74 $960.00 $253.26 Windtree 7th $706.74 $960.00 $253.26 Windtree 7th $706.74 $960.00 $253.26 Windtree 7th $706.74 $960.00 $253.26 Windtree 7th $706.74 $960.00 $253.26 Windtree 7th $706.74 $960.00 $253.26 Windtree 7th $706.74 $960.00 $253.26 Windtree 7th $706.74 $960.00 $253.26 Windtree 7th $706.74 $960.00 $253.26 aq Page 3 of 5 Combined Assessment Roll Project Number 1OP973 Proposed Pending PID Address Addition Name Assessment Assessment Variance 10-84476-100-01 686 Brentwood Lane Windtree 7th $706.74 $960.00 $253.26 10-84476-100-02 3757 Ridgewood Dr Windtree 7th $706.74 $960.00 $253.26 10-84476-110-01 682 Brentwood Lane Windtree 7th $706.74 $960.00 $253.26 10-84476-110-02 3751 Ridgewood Dr Windtree 7th $706.74 $960.00 $253.26 10-84476-120-01 678 Brentwood Lane Windtree 7th $706.74 $960.00 $253.26 10-84476-120-02 3745 Ridgewood Dr Windtree 7th $706.74 $960.00 $253.26 10-84476-130-01 674 Brentwood Lane Windtree 7th $706.74 $960.00 $253.26 10-84476-130-02 3739 Ridgewood Dr Windtree 7th $706.74 $960.00 $253.26 10-84476-140-01 670 Brentwood Lane Windtree 7th $706.74 $960.00 $253.26 10-84476-140-02 3733 Ridgewood Dr Windtree 7th $706.74 $960.00 $253.26 10-84476-150-01 668 Brentwood Lane Windtree 7th $706.74 $960.00 $253.26 10-84476-150-02 3727 Ridgewood Dr Windtree 7th $706.74 $960.00 $253.26 10-84477-010-01 3785 Windtree Dr Windtree 8th $706.74 $960.00 $253.26 10-84477-010-02 3786 Windtree Dr Windtree 8th $706.74 $960.00 $253.26 10-84477-020-01 3781 Windtree Dr Windtree 8th $706.74 $960.00 $253.26 10-84477-020-02 3782 Windtree Dr Windtree 8th $706.74 $960.00 $253.26 10-84477-030-01 3765 Windtree Dr Windtree 8th $706.74 $960.00 $253.26 10-84477-030-02 3778 Windtree Dr Windtree 8th $706.74 $960.00 $253.26 10-84477-040-01 3761 Windtree Dr Windtree 8th $706.74 $960.00 $253.26 10-84477-040-02 3774 Windtree Dr Windtree 8th $706.74 $960.00 $253.26 10-84477-050-01 3757 Windtree Dr Windtree 8th $706.74 $960.00 $253.26 10-84477-050-02 3770 Windtree Dr Windtree 8th $706.74 $960.00 $253.26 10-84477-060-01 3753 Windtree Dr Windtree 8th $706.74 $960.00 $253.26 10-84477-060-02 3766 Windtree Dr Windtree 8th $706.74 $960.00 $253.26 10-84477-070-01 3749 Windtree Dr Windtree 8th $706.74 $960.00 $253.26 10-84477-070-02 3762 Windtree Dr Windtree 8th $706.74 $960.00 $253.26 10-84477-080-01 677 Windtree Knoll Windtree 8th $706.74 $960.00 $253.26 10-84477-080-02 3758 Windtree Dr Windtree 8th $706.74 $960.00 $253.26 10-84477-090-01 673 Windtree Knoll Windtree 8th $706.74 $960.00 $253.26 10-84477-090-02 3754 Windtree Dr Windtree 8th $706.74 $960.00 $253.26 10-84477-100-01 669 Windtree Knoll Windtree 8th $706.74 $960.00 $253.26 10-84477-100-02 3750 Windtree Dr Windtree 8th $706.74 $960.00 $253.26 10-84477-110-01 665 Windtree Knoll Windtree 8th $706.74 $960.00 $253.26 10-84477-110-02 3746 Windtree Dr Windtree 8th $706.74 $960.00 $253.26 10-84477-120-01 661 Windtree Knoll Windtree 8th $706.74 $960.00 $253.26 10-84477-120-02 3742 Windtree Dr Windtree 8th $706.74 $960.00 $253.26 10-84477-130-01 3721 Windtree Dr Windtree 8th $706.74 $960.00 $253.26 10-84477-130-02 3738 Windtree Dr Windtree 8th $706.74 $960.00 $253.26 10-84477-140-01 3717 Windtree Dr Windtree 8th $706.74 $960.00 $253.26 10-84477-140-02 3734 Windtree Dr Windtree 8th $706.74 $960.00 $253.26 10-84477-150-01 3713 Windtree Dr Windtree 8th $706.74 $960.00 $253.26 Friday, October 02, 2009 Page 4 of 5 Combined Assessment Roll Project Number 10P973 PID 10-84477-150-02 10-84477-160-02 10-84477-170-02 10-84477-180-02 10-84477-190-02 10-84477-200-02 Summary for 'SA_ Sum Address Addition Name 3730 Windtree Dr 3726 Windtree Dr 3722 Windtree Dr 3718 Windtree Dr 3714 Windtree Dr 3710 Windtree Dr Windtree 8th Windtree 8th Windtree 8th Windtree 8th Windtree 8th Windtree 8th Nbr' = 10P973 (168 detail records) Friday, October 02, 2009 Proposed Assessment $706.74 $706.74 $706.74 $706.74 $706.74 $706.74 $119,439.06 Pending Assessment Variance $960.00 $253.26 $960.00 $253.26 $960.00 $253.26 $960.00 $253.26 $960.00 $253.26 $960.00 $253.26 $162,240.00 $42,800.94 Page 5 of 5 Agenda Information Memo October 6, 2009 Eagan City Council Meeting D. PROJECT 980, HAMPTON HEIGHTS/ STONEY POINT/ BLACKHAWK GLEN ADDITION STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 980 (Hampton Heights/ Stoney Point/ Blackhawk Glen Addition - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 980 provided for the street improvements of various streets within the Hampton Heights/ Stoney Point/ Blackhawk Glen Addition neighborhood, located south of Yankee Doodle Road and west of I -35E in central Eagan. • The Final Assessment Roll was presented to the City Council on September 1, 2009, with a public hearing scheduled for October 6 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 14% less the estimated benefit amounts that were presented at the original Public Hearing January 20, 2009. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on September 29 to address all property owners' questions or concerns and provide any additional information of interest. Of the 330 parcels (327 single-family, 2 commercial/ industrial and 1 City park) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages 9,,,... through/0 9 FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 980 Assessment: October 6, 2009 Name: Hampton Heights etal. Project Approval Date: January 20, 2009 Street Improvements Final Feasibility Rate Report Units SANITARY SEWER ❑ Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk STORM SEWER O Trunk Final Feasibility Rate Report Units WATER O Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk ❑ WAC STREET O Gravel Base O Surfacing/ Signs $608.74 $707 Lot 0 City Park $6.62 $7.69 /F.F. ▪ C/I Equiv. $12.79 $14.85 /F.F. O Driveway OTHER O Service Pair STREET LIGHTS ❑ Installation ❑ Energy Charge Contract Number of Interest Amount Citv Number Parcels Terms Rate Assessed Financed 09-01 330 5/ 10 Years 6.5% $259,180 F.R. $550,350 F.R. $223,192.12 $457,595.89 (F.R. = Feasibility Report) q3 4,1I City of Eapli Yeo To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: August 31, 2009 Subject: Final Assessment Roll, Project 980 Hampton Heights/ Stoney Pointe/ Blackhawk Glen Addition Street Overlay Improvements At the public hearing on January 20, 2009, the City Council ordered Project 980, and in accordance with the feasibility report, the following improvements were constructed: mill and overlay and replacement of traffic and street signage for the streets within the Hampton Heights/ Stoney Pointe/ Blackhawk Glen Addition neighborhood, and replacement of curb and gutter as needed. In the feasibility report, it was proposed to assess 50% of the street overlay and signage improvements in accordance with the City Special Assessment Policy. The improvements were completed under Contract 09-01. The following information was used in the preparation of the assessment roll for Project 980. PROJECT COST The construction cost includes the amount of $540,492.44 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $13,213.51. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $127,082.06 were incurred resulting in an improvement and project cost of $680,788.01. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMENT FEASIBILITY IMPROVEMENT COST COST REPORT Street Resurfacing/ Sign Replace $404,748.87 $92,894.65 $497,643.52 $577,880 Curb & Gutter Repair 148,957.08 34,187.41 183,144.49 $231,650 Totals $553,705.95 $127,082.06 $680,788.01 $809,530 1 6� ASSESSMENTS • TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. • STREET IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: ITEM UNIT EXTENDED UNIT QTY PRICE COST Mobilization L.S. 0.44 $36,500.00 $16,060.00 Mill Bituminous Pavement (1 1/4" depth) SY. 26,929.00 0.55 14,810.95 Type LVWE45030B Wearing Course TN 6087.24 49.00 298,274.76 Mixture Bituminous Material for Tack Coat GAL 4,700.00 4.00 18,800.00 Adjust Fame & Ring Casting (Manhole) EA 28.00 350.00 9,800.00 Adjust MH Casting — Riser Adjustment EA 83.00 165.00 13,695.00 Adjust Water Valve Box EA 23 110.00 2,530.00 Repair Gate Valve - Mid Section EA 4.00 155.00 620.00 Repair Gate Valve — Top Section w/cover EA 26.00 170.00 4,420.00 4" Double Solid Line Yellow - Epoxy LF 703.00 0.45 316.35 24" Solid Line White - Epoxy LF 15.00 5.30 79.50 Zebra Crosswalk White - Epoxy SF 192.00 3.00 576.00 Remove & Replace Casting (27") EA 1.00 665.00 665.00 Traffic Signs L.S. 1 13,213.51 13,213.51 Traffic Control L.S. 0.44 24,745.00 10,887.80 SUBTOTAL 5404,748.87 Other costs @ 22.95% $92,894.65 Mill & Overlay/ Street Sign Cost $497,643.52 • IMPROVEMENT AND ASSESSMENT RATES Low Density Residential - The improvement and assessment rates for low-density residential properties are computed as follows: 1) 30,759 Single Family Front Footage/38,578 Total Front Footage = 80% 2) [$497,643.52 (Mill & Overlay Cost + Signage Cost) x 80% x 50%] = $199,057.41 (Total Residential Assessment) 3) $ 199,057.41 (Total Residential Assessment) - $608.74 / lot 327 Single Family Residential Lots City Park - The improvement and assessment rate for City park (Sky Hill Park) is computed as follows: 1) % City Park = 639 Front Feet/ 38,578 Total F.F. = 1.7% 2 2) [$497,643.52 (Mill & Overlay Cost) x 1.7% x 50%] = $4,229.97 [Total Park Assessment] 3) $4,229.97 (Total Public Facility Assessment) -i $6.62/ F.F. 639 Park F.F. Commercial/ Industrial - The improvement and assessment rates for commercial/ industrial properties are computed as follows: 1) % Commercial/Industrial = 1,556 Front Feet/ 38,578 Total F.F. = 4.0% 2) [$497,643.52 (Mill & Overlay Cost) x 4% x 100%] =$19,905.74 (Total Commercial/ Industrial Assessment) 3) $19,905.74 (Commercial/Industrial Assessment) 4 $12.79/F.F. 1,556 Commercial/Industrial F.F Note: Approximately 14.3% (5,516 feet) of property frontage adjacent to the street improvement is sideyard or backyard and unassessable. • ASSESSMENT TERMS The assessments are proposed for a term of 5 years for residential properties and 10 years for parks and commercial/ industrial properties. The interest rate is 6.5% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Street Resurfacing/ Signs $497,643.52 $223,192.12 $274,451.40 Curb & Gutter Repair 183,144.49 183,144.49 Total $680,788.01 $223,192.12 $457,595.89 • CITY FUND RESPONSIBILITY Major Street Fund: $457,595.89 Park Assessment: $4,229.97 John �?ir— order, P.E. Reviewed Public Works Department I0--[ -o`i Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I Reviewed Finance De.artment Date 3 19 431 97 H w J I- i 0 - i0 big 3/'p1d 'elQ 7�33d 391 31V/SL{31N1 cc o Z N 0, ii p ,aineHsd r El 'OId 33S 1 c) im LIN orei= 4 U) `N N 44.4 .77 m „yr ,\ , , „ 'Id MdWH3VO3 ld S312iVHO '1S CO a, fr2 C,) t7 \ M c7 M Assessment Area 1 1 1 Street Improvements 1 ■M ti ti ti II • • • • • • Residential Lot - $ 608.74 . % a N \ ` k"j,-\ 1\‘xmlei‘ km ': opo\ vflipWi``te `n \\`\ loom, MEN 0 133'Old 3351 q co 4 1 1 9 \�\ Q r I8Z'Old 33SI A66in 1NIVV1k >- Q -11 IlliW 4 est �a k® �4 ® :� ;.�'.- p 6 IS 1 Z m • El I I Ilt O 1 1 i m 0 0 i 1 .% I 1 1 10-01600-014-30 0 z w w J Assessment Area 1 1 1 Street Improvements Commercial / Industrial - $ 12.79 / F.F. MINNIMENI ■1IIU■■ Neighborhood Park - $ 6.62 / F.F. • • • Residential Lot - $ 608.74 @IN ME • i • DELTA co I 1 0 N LL 1 0 d > m • : • 1-17: ■ • is mu • CV • 07 M • LL N— ■ LL III• si cn ■ • • • • • • • • • • • • • 4' Engineering Department ��a Combined Assessment Roll Project Number 10P980 PID Address Addition Name Proposed Pending Assessment Assessment Variance 10-01600-014-30 Section 16 $2,353.36 $2,732.00 $378.64 10-01700-012-01 Section 17 $4,230.18 $4,912.00 $681.82 10-13345-010-01 3560 Delta Dental Dr BCBSM East $17,547.88 $20,374.00 $2,826.12 10-14350-010-01 3656 Ashbury Rd Blackhawk Glen $608.74 $707.00 $98.26 10-14350-010-02 3661 Ashbury Rd Blackhawk Glen $608.74 $707.00 $98.26 10-14350-010-03 3693 Ashbury Rd Blackhawk Glen $608.74 $707.00 $98.26 10-14350-020-01 3660 Ashbury Rd Blackhawk Glen $608.74 $707.00 $98.26 10-14350-020-02 3665 Ashbury Rd Blackhawk Glen $608.74 $707.00 $98.26 10-14350-020-03 3697 Ashbury Rd Blackhawk Glen $608.74 $707.00 $98.26 10-14350-030-01 3664 Ashbury Rd Blackhawk Glen $608.74 $707.00 $98.26 10-14350-030-02 3669 Ashbury Rd Blackhawk Glen $608.74 $707.00 $98.26 10-14350-030-03 3701 Ashbury Rd Blackhawk Glen $608.74 $707.00 $98.26 10-14350-040-01 3668 Ashbury Rd Blackhawk Glen $608.74 $707.00 $98.26 10-14350-040-02 3673 Ashbury Rd Blackhawk Glen $608.74 $707.00 $98.26 10-14350-050-01 3672 Ashbury Rd Blackhawk Glen $608.74 $707.00 $98.26 10-14350-050-02 3677 Ashbury Rd Blackhawk Glen $608.74 $707.00 $98.26 10-14350-060-01 3676 Ashbury Rd Blackhawk Glen $608.74 $707.00 $98.26 10-14350-060-02 3681 Ashbury Rd Blackhawk Glen $608.74 $707.00 $98.26 10-14350-070-01 3680 Ashbury Rd Blackhawk Glen $608.74 $707.00 $98.26 10-14350-070-02 1589 Ashbury PI Blackhawk Glen $608.74 $707.00 $98.26 10-14350-080-01 1581 Ashbury PI Blackhawk Glen $608.74 $707.00 $98.26 10-14350-090-01 1577 Ashbury PI Blackhawk Glen $608.74 $707.00 $98.26 10-14350-100-01 1573 Ashbury PI Blackhawk Glen $608.74 $707.00 $98.26 10-14350-110-01 1569 Ashbury PI Blackhawk Glen $608.74 $707.00 $98.26 10-14350-120-01 1565 Ashbury PI Blackhawk Glen $608.74 $707.00 $98.26 10-14350-130-01 1561 Ashbury PI Blackhawk Glen $608.74 $707.00 $98.26 10-14350-140-01 1557 Ashbury PI Blackhawk Glen $608.74 $707.00 $98.26 10-14350-150-01 1553 Ashbury PI Blackhawk Glen $608.74 $707.00 $98.26 10-14350-160-01 1552 Ashbury PI Blackhawk Glen $608.74 $707.00 $98.26 10-14350-170-01 1556 Ashbury PI Blackhawk Glen $608.74 $707.00 $98.26 10-14350-180-01 1560 Ashbury PI Blackhawk Glen $608.74 $707.00 $98.26 10-14350-190-01 1564 Ashbury PI Blackhawk Glen $608.74 $707.00 $98.26 10-14350-200-01 1568 Ashbury PI Blackhawk Glen $608.74 $707.00 $98.26 10-14350-210-01 1572 Ashbury PI Blackhawk Glen $608.74 $707.00 $98.26 10-14350-220-01 1576 Ashbury PI Blackhawk Glen $608.74 $707.00 $98.26 10-14350-230-01 1580 Ashbury PI Blackhawk Glen $608.74 $707.00 $98.26 10-14350-240-01 1584 Ashbury PI Blackhawk Glen $608.74 $707.00 $98.26 10-14350-250-01 3692 Ashbury Rd Blackhawk Glen $608.74 $707.00 $98.26 10-14350-260-01 3696 Ashbury Rd Blackhawk Glen $608.74 $707.00 $98.26 Friday, October 02, 2009 /0 / Page 1 of 9 Combined Assessment Roll Project Number 10P980 PID 10-14350-270-01 10-14350-280-01 10-14350-290-01 10-14350-300-01 10-14350-310-01 10-14350-320-01 10-14350-330-01 10-14351-010-01 10-14351-010-02 10-14351-010-03 10-14351-010-04 10-14351-020-01 10-14351-020-02 10-14351-020-03 10-14351-020-04 10-14351-030-01 10-14351-030-02 10-14351-030-03 10-14351-030-04 10-14351-040-01 10-14351-040-02 10-14351-040-03 10-14351-040-04 10-14351-050-03 1604 Ashbury PI 10-14351-050-04 1631 Ashbury PI 10-14351-060-03 1608 Ashbury PI 10-14351-060-04 1625 Ashbury PI 10-14351-061-02 1583 Ashbury Ct 10-14351-062-02 1579 Ashbury Ct 10-14351-070-02 1575 Ashbury Ct 10-14351-070-03 1612 Ashbury PI 10-14351-070-04 1619 Ashbury PI 10-14351-080-02 1571 Ashbury Ct 10-14351-080-03 1616 Ashbury PI 10-14351-080-04 1613 Ashbury PI 10-14351-090-02 1567 Ashbury Ct 10-14351-090-03 1620 Ashbury PI 10-14351-090-04 1607 Ashbury PI 10-14351-100-02 1563 Ashbury Ct 10-14351-100-03 1624 Ashbury PI 10-14351-100-04 1601 Ashbury PI Address Addition Name 3700 Ashbury Rd 1579 1575 1571 1567 1563 Blackhawk Hills Rd Blackhawk Hills Rd Blackhawk Hills Rd Blackhawk Hills Rd Blackhawk Hills Rd Blackhawk Glen Blackhawk Glen Blackhawk Glen Blackhawk Glen Blackhawk Glen Blackhawk Glen 1559 Blackhawk Hills Rd Blackhawk Glen 3620 Ashbury Rd Blackhawk Glen 2nd 3636 Ashbury Rd Blackhawk Glen 2nd 1588 Ashbury PI Blackhawk Glen 2nd 1655 Ashbury PI Blackhawk Glen 2nd 3624 Ashbury Rd Blackhawk Glen 2nd 3640 Ashbury Rd Blackhawk Glen 2nd 1592 Ashbury PI Blackhawk Glen 2nd 1649 Ashbury PI Blackhawk Glen 2nd 3628 Ashbury Rd Blackhawk Glen 2nd 3644 Ashbury Rd Blackhawk Glen 2nd 1596 Ashbury PI Blackhawk Glen 2nd 1643 Ashbury PI Blackhawk Glen 2nd 3632 Ashbury Rd Blackhawk Glen 2nd 3648 Ashbury Rd Blackhawk Glen 2nd 1600 Ashbury PI Blackhawk Glen 2nd 1637 Ashbury PI Blackhawk Glen 2nd Friday, October 02, 2009 Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Proposed Assessment $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 !0� Pending Assessment $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 Variance $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 Page 2 of 9 Combined Assessment Roll Project Number 10P980 PID 10-14351-110-02 10-14351-110-03 10-14351-110-04 10-14351-120-02 10-14351-120-03 10-14351-130-02 10-14351-130-03 10-14351-140-02 10-14351-140-03 10-14351-150-02 10-14351-150-03 10-14351-160-02 10-14351-160-03 10-14351-170-03 10-14351-180-03 10-14351-190-03 10-14351-200-03 10-14351-210-03 10-14351-220-03 10-14351-230-03 10-14351-240-03 10-14351-250-03 10-14351-260-03 10-14351-270-03 10-14351-280-03 10-14351-290-03 10-14352-010-02 10-31900-010-01 10-31900-010-02 10-31900-010-03 10-31900-010-04 10-31900-010-05 10-31900-020-01 10-31900-020-02 10-31900-020-03 10-31900-020-04 10-31900-020-05 10-31900-030-01 10-31900-030-02 10-31900-030-03 10-31900-030-04 Address Addition Name 1560 1628 1595 1564 1632 1568 1636 1572 1640 1576 1644 1580 3649 3645 3641 3637 3633 3629 3625 3621 3613 3605 3597 3589 3581 3573 1586 3470 3477 1644 1620 3586 3474 3481 1636 1616 3582 3478 3485 1632 Ashbury Ct Ashbury PI Ashbury PI Ashbury Ct Ashbury PI Ashbury Ct Ashbury PI Ashbury Ct Ashbury PI Ashbury Ct Ashbury PI Ashbury Ct Ashbury Rd Ashbury Rd Ashbury Rd Ashbury Rd Ashbury Rd Ashbury Rd Ashbury Rd Ashbury Rd Ashbury Rd Ashbury Rd Ashbury Rd Ashbury Rd Ashbury Rd Ashbury Rd Blackhawk Hills Rd Coachman Rd St Charles PI Boardwalk Boardwalk Baltic Ave Coachman Rd St Charles PI Boardwalk Boardwalk Baltic Ave Coachman Rd St Charles PI Boardwalk 1610 Boardwalk Friday, October 02, 2009 Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 2nd Blackhawk Glen 3rd Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Proposed Assessment $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 Ib3 Pending Assessment Variance $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 Page 3 of 9 Combined Assessment Roll Project Number IOP980 PID Address 10-31900-030-05 1608 Pacific Ave 10-31900-040-01 3482 Coachman Rd 10-31900-040-02 3489 St Charles PI 10-31900-040-03 1628 Boardwalk 10-31900-040-04 1606 Boardwalk 10-31900-040-05 1604 Pacific Ave 10-31900-050-01 3486 Coachman Rd 10-31900-050-02 3493 St Charles PI 10-31900-050-03 3565 Baltic Ave 10-31900-050-04 1602 Boardwalk 10-31900-050-05 1600 Pacific Ave 10-31900-060-01 3490 Coachman Rd 10-31900-060-02 3497 St Charles PI 10-31900-060-03 3569 Baltic Ave 10-31900-060-04 1598 Boardwalk 10-31900-060-05 1596 Pacific Ave 10-31900-070-01 3494 Coachman Rd 10-31900-070-02 3501 St Charles PI 10-31900-070-03 3575 Baltic Ave 10-31900-070-04 1594 Boardwalk 10-31900-070-05 1592 Pacific Ave 10-31900-080-01 3498 Coachman Rd 10-31900-080-02 3498 St Charles PI 10-31900-080-03 1686 Boardwalk 10-31900-080-04 1590 Boardwalk 10-31900-080-05 1588 Pacific Ave 10-31900-090-01 3502 Coachman Rd 10-31900-090-02 3496 St Charles PI 10-31900-090-03 1682 Boardwalk 10-31900-090-04 3555 Coachman Rd 10-31900-090-05 1584 Pacific Ave 10-31900-100-01 3506 Coachman Rd 10-31900-100-02 3492 St Charles PI 10-31900-100-03 1674 Boardwalk 10-31900-100-04 3561 Coachman Rd 10-31900-100-05 1580 Pacific Ave 10-31900-110-01 3510 Coachman Rd 10-31900-110-02 3488 St Charles PI 10-31900-110-03 1664 Boardwalk 10-31900-110-04 1599 Park PI 10-31900-110-05 1576 Pacific Ave Friday, October 02, 2009 Addition Name Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Proposed Pending Assessment Assessment Variance $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 Page4of9 Combined Assessment Roll Project Number 10P980 PID 10-31900-120-01 10-31900-120-02 10-31900-120-03 10-31900-120-04 10-31900-120-05 10-31900-130-01 10-31900-130-02 10-31900-130-04 10-31900-140-01 10-31900-140-02 10-31900-140-04 10-31900-150-01 10-31900-150-02 10-31900-150-04 10-31900-160-01 10-31900-160-02 10-31900-160-04 10-31900-170-01 10-31900-170-02 10-31900-170-04 10-31900-180-01 10-31900-180-02 10-31900-180-04 10-31900-190-01 10-31900-190-02 10-31900-190-04 10-31900-200-01 10-31900-200-02 10-31900-200-04 10-31900-210-01 10-31900-210-02 10-31900-210-04 10-31900-220-01 10-31900-220-02 10-31900-220-04 10-31900-230-01 10-31900-230-02 10-31900-230-04 10-31900-240-01 10-31900-240-02 10-31900-240-04 Address 3514 3484 1660 1605 1572 3518 3485 1608 3522 3491 1604 3526 3497 1600 3530 3503 3569 3534 3509 3575 3538 3517 1589 3542 3523 1593 3546 3527 1597 3550 3533 1601 3554 1589 1605 3558 1593 1609 3562 1597 Coachman Rd St Charles PI Boardwalk Park PI Pacific Ave Coachman Rd Coachman Rd Park PI Coachman Rd Coachman Rd Park PI Coachman Rd Coachman Rd Park PI Coachman Rd Coachman Rd Coachman Rd Coachman Rd Coachman Rd Coachman Rd Coachman Rd Coachman Rd Pacific Ave Coachman Rd Coachman Rd Pacific Ave Coachman Rd Coachman Rd Pacific Ave Coachman Rd Coachman Rd Pacific Ave Coachman Rd Boardwalk Pacific Ave Coachman Rd Boardwalk Pacific Ave Coachman Rd Boardwalk 3576 Baltic Ave Friday, October 02, 2009 Addition Name Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Proposed Pending Assessment Assessment Variance $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00' $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 /as Page 5 of 9 Combined Assessment Roll Project Number IOP980 PID 10-31900-250-01 10-31900-250-02 10-31900-250-04 10-31900-260-01 10-31900-260-02 10-31900-260-04 10-31900-270-01 10-31900-270-02 10-31900-270-04 10-31900-280-01 10-31900-280-02 10-31900-280-04 10-31900-290-01 10-31900-290-02 10-31900-300-01 10-31900-300-02 10-31900-310-01 10-31900-310-02 10-31900-320-02 10-31900-330-02 10-31900-340-02 10-31900-350-02 10-31900-360-02 10-31900-370-02 10-31900-380-02 10-31900-390-02 10-31900-400-02 10-31900-410-02 10-31900-420-02 10-31900-430-02 10-31900-440-02 10-31900-450-02 10-31900-460-02 10-31900-470-02 10-72600-010-01 10-72600-010-02 10-72600-010-03 10-72600-010-04 10-72600-020-01 10-72600-020-02 10-72600-020-03 Address Addition Name 3566 1601 3572 3570 1605 3568 3574 1609 3564 3578 1613 3560 3582 1617 1581 1621 1577 1625 1629 1633 1637 1641 1645 1649 1653 1657 1661 1665 1669 1673 1677 1681 1685 1689 1491 1435 1406 1500 1495 1439 1410 Friday, October 02, 2009 Coachman Rd Boardwalk Baltic Ave Coachman Rd Boardwalk Baltic Ave Coachman Rd Boardwalk Baltic Ave Coachman Rd Boardwalk Baltic Ave Coachman Rd Boardwalk Pacific Ave Boardwalk Pacific Ave Boardwalk Boardwalk Boardwalk Boardwalk Boardwalk Boardwalk Boardwalk Boardwalk Boardwalk Boardwalk Boardwalk Boardwalk Boardwalk Boardwalk Boardwalk Boardwalk Boardwalk Federal Ct Blackhawk Lake Blackhawk Lake Lakeview Curve Federal Ct Blackhawk Lake Blackhawk Lake Dr Dr Dr Dr Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Hampton Heights Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Proposed Pending Assessment Assessment Variance $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 Page 6 of 9 Combined. Assessment Roll Project Number 10P980 PID Address 10-72600-020-04 10-72600-030-01 10-72600-030-03 10-72600-030-04 10-72600-040-01 10-72600-040-03 10-72600-040-04 10-72600-050-01 10-72600-050-03 10-72600-050-04 10-72600-060-01 10-72600-060-03 10-72600-060-04 10-72600-070-01 10-72600-070-03 10-72600-070-04 10-72600-080-01 10-72600-080-03 10-72600-090-01 10-72600-090-03 10-72600-100-01 10-72600-100-03 10-72600-110-01 10-72600-110-03 10-72600-120-01 10-72600-120-03 10-72600-130-01 10-72600-130-03 10-72600-140-01 10-72600-140-03 10-72600-150-01 10-72600-150-03 10-72600-160-01 10-72601-010-01 10-72601-010-02 10-72601-010-03 10-72601-020-01 10-72601-020-02 10-72601-020-03 10-72601-030-01 10-72601-030-02 1514 1499 1414 1518 1502 1418 1522 1498 1422 1526 1494 1426 1442 1490 1430 1446 1486 1434 1482 1438 1403 1523 1407 1519 1411 1515 1415 1511 1419 1507 1423 1503 1427 3602 3603 1431 3606 3607 3635 3610 3611 Friday, October 02, 2009 Addition Name Lakeview Curve Federal Ct Blackhawk Lake Dr Lakeview Curve Federal Ct Blackhawk Lake Dr Lakeview Curve Federal Ct Blackhawk Lake Dr Lakeview Curve Federal Ct Blackhawk Lake Dr Blackhawk Lake Dr Federal Ct Blackhawk Lake Dr Blackhawk Lake Dr Federal Ct Blackhawk Lake Dr Federal Ct Blackhawk Lake Dr Blackhawk Lake Dr Lakeview Curve Blackhawk Lake Dr Lakeview Curve Blackhawk Lake Dr Lakeview Curve Blackhawk Lake Dr Lakeview Curve Blackhawk Lake Dr Lakeview Curve Blackhawk Lake Dr Lakeview Curve Blackhawk Lake Dr Lakeview Tr Lakeview Tr Blackhawk Lake Dr Lakeview Tr Lakeview Tr Lakeview Tr Lakeview Tr Lakeview Tr Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Proposed Pending Assessment Assessment Variance $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 $608.74 $707.00 $98.26 ta7 Page 7of9 Combined Assessment Roll Project Numbe PID 10-72601-030-03 10-72601-040-01 10-72601-040-02 10-72601-040-03 10-72601-050-01 10-72601-050-02 10-72601-050-03 10-72601-060-01 10-72601-060-02 10-72601-060-03 10-72601-070-01 10-72601-070-02 10-72601-070-03 10-72601-080-01 10-72601-080-02 10-72601-080-03 10-72601-090-02 10-72601-090-03 10-72601-100-02 10-72601-100-03 10-72601-110-02 10-72601-110-03 10-72601-120-02 10-72601-130-02 10-72601-140-02 10-72601-150-02 10-72601-160-02 10-72601-170-02 10-72601-180-02 10-72601-190-02 10-75400-030-00 10-82020-010-01 10-82020-020-01 10-82020-030-01 10-82020-040-01 10-82020-050-01 10-82020-060-01 10-82020-070-01 10-82020-080-01 10-82020-090-01 10-82020-100-01 r 10P980 Address 3631 Lakeview Tr 3614 Lakeview Tr 3615 Lakeview Tr 3627 Lakeview Tr 3618 Lakeview Tr 3619 Lakeview Tr 1571 Lakeview Curve 3622 Lakeview Tr 1586 Lakeview Curve 1567 Lakeview Curve 3626 Lakeview Tr 1582 Lakeview Curve 1563 Lakeview Curve 3630 Lakeview Tr 1578 Lakeview Curve 1559 Lakeview Curve 1574 Lakeview Curve 1551 Lakeview Curve 1570 Lakeview Curve 1539 Lakeview Curve 1566 Lakeview Curve 1535 Lakeview Curve 1562 Lakeview Curve 1558 Lakeview Curve 1554 Lakeview Curve 1550 Lakeview Curve 1546 Lakeview Curve 1542 Lakeview Curve 1447 Blackhawk Lake Dr 1449 Blackhawk Lake Dr 476 Violet Lane 478 Violet Lane 480 Violet Lane 1482 1484 1486 1488 1490 Violet Lane Violet Lane Violet Lane Violet Lane Violet Lane 1492 Violet Lane 1494 Violet Lane Friday, October 02, 2009 Addition Name Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Stoney Point 2nd Terra Glenn Villas of Violet Lane Villas of Violet Lane Villas of Violet Lane Villas of Violet Lane Villas of Violet Lane Villas of Violet Lane Villas of Violet Lane Villas of Violet Lane Villas of Violet Lane Villas of Violet Lane /08 Proposed Pending Assessment Assessment $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $608.74 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 $707.00 Variance $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 $98.26 Page 8 of 9 Combined Assessment Roll Project Number 10P980 PID Address Addition Name 10-82021-010-01 1496 Violet Lane Villas of Violet Lane 2nd 10-82021-020-01 1498 Violet Lane Villas of Violet Lane 2nd 10-82021-030-01 1500 Violet Lane Villas of Violet Lane 2nd 10-82021-040-01 1502 Violet Lane Villas of Violet Lane 2nd Summary for 'SA_Nbr' = 10P980 (330 detail records) Sum Friday, October 02, 2009 Proposed Assessment $608.74 $608.74 $608.74 $608.74 $223,189.40 oc? Pending Assessment Variance $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $707.00 $98.26 $259,207.00 $36,017.60 Page9of9 Agenda Information Memo October 6, 2009 Eagan City Council Meeting E. PROJECT 1000, GRACE DRIVE STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1000 (Grace Drive - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1000 provided for the street improvements of approximately 300 feet of Grace Drive, east of Pilot Knob Road in south-central Eagan. • The Final Assessment Roll was presented to the City Council on September 1, 2009, with a public hearing scheduled for October 6 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 23% less the estimated benefit amounts that were presented at the original Public Hearing January 20, 2009. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on September 29 to address all property owners' questions or concerns and provide any additional information of interest. Of the 2 parcels (1 large unplatted single-family and 1 church) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages)! ) through 1162 FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 1000 Assessment: October 6, 2009 Name: Grace Drive Project Approval Date: January 20, 2009 Street Improvements Final Feasibility Rate Report Units SANITARY SEWER ❑ Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk STORM SEWER O Trunk Final Feasibility Rate Report Units WATER ❑ Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk ❑ WAC STREET O Gravel Base PJ Surf./ Signs - Public Facility $6,886.52 $8,950 L.S. R1, 2 Residential $4,591.00 $5,970 L.S. 0 O C/I Equiv. O Driveway OTHER ❑ Service Pair STREET LIGHTS ❑ Installation ❑ Energy Charge Contract Number of Interest Amount City Number Parcels Terms Rate Assessed Financed 09-02 2 10 Years 6.5% $14,920 F.R. $15,460 F.R. $11,477.52 $9,020.36 (F.R. = Feasibility Report) (1) 40°' City of Eagan Kemo To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: September 1, 2009 Subject: Final Assessment Roll, Project 1000 Grace Drive - Street Overlay Improvements At the public hearing on January 20, 2009, the City Council ordered Project 1000, and in accordance with the feasibility report, the following improvements were constructed: mill and overlay and replacement of traffic and street signage for approximately 300 feet of Grace Drive east of Pilot Knob Road, and replacement of curb and gutter as needed. In the feasibility report, it was proposed to assess the street overlay and signage improvements at 50% to the residential property and 75% to the public facility property in accordance with the City Special Assessment Policy. The improvements were completed under Contract 09-02. The following information was used in the preparation of the assessment roll for Project 1000. PROJECT COST The construction cost includes the amount of $8,734.51 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $192.34. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $11,571.03 were incurred resulting in an improvement and project cost of $20,497.88. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMENT FEASIBILITY IMPROVEMENT COST COST REPORT Street Resurfacing/ Sign Replace $7,997.56 $10,366.48 $18,364.04 $23,860 Curb & Gutter Repair 929.29 1,204.55 2,133.84 $6,520 Totals $8,926.85 $11,571.03 $20,497.88 $30,380 1 na ASSESSMENTS • TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. • STREET IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: ITEM UNIT EXTENDED UNIT QTY PRICE COST Mobilization L.S. 0.50 $2,000.00 $1,000.00 Mill bituminous pavement Sq. Yd. 528.70 0.60 317.22 Wear Course Mixture Ton 92 49.00 4,508.00 Bituminous material for tack coat Gal. 125 4.00 500.00 Traffic control L. S. 1 1,315.00 1,315.00 Adjust manhole casting - riser Each 1 165.00 165.00 Traffic signs L.S. 1 192.34 192.34 SUBTOTAL $7,997.56 Other costs @ 129.62% 10,366.48 Mill & Overlay/ Street Sign Cost $18,364.04 • IMPROVEMENT AND ASSESSMENT RATES Low Density Residential - The improvement and assessment rates for the low-density residential property (4884 Pilot Knob Road) is computed as follows: 1) 285' R1-2 Front Footage/ 570' Total Front Footage = 50% 2) [$18,364.04 (Mill & Overlay Cost + Signage Cost) x 50% x 50%] = $4,591 (Total Residential Assessment) Public Facility - The improvement and assessment rates for the public facility property (Chapel Hill Baptist Church) is computed as follows: 1) 285' Public Facility front footage / 570' (total f.f.) = 50% 2) [$18,364.04 (Mill & Overlay Cost) x 75% x 50%] = $6,886.52 [Total Public Facility Assessment] 2 113 • ASSESSMENT TERMS The assessments are proposed for a term of 10 years. The interest rate is 6.5% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Street Resurfacing/ Signs $18,364.04 $11,477.52 $6,886.52 Curb & Gutter Repair 2,133.84 2,133.84 Total $20,497.88 $11,477.52 $9,020.36 • CITY FUND RESPONSIBILITY Major Street Fund: $9,020.36 Jo�— iW.74 r P.E. Reviewed tnel Public Works Department Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I Reviewed Finance D .artment (c5>—( 7) Date 3 NORTH I I 1 Z l I ,P1 PEKE BEACH 1 1 1 1 oI cc Im Otar z Y I— O J a- • 4888 $ 6,886.52 CHAPEL HIL BAPTIST CHURCH ME MEE EMI IME ■•1,1,■ LEGEND Assessment Area Street Improvements Commercial / Industrial •••••• Residential Lot 1 1 1 1 1 J 11/24/08 City of Earn Engineering Department Grace Drive 16' Street Revitalization - Project 1000 Assessments / Street Improvement Area Combined Assessment Roll Project Number PA1000 PID Address Addition Name 10-03400-010-51 4884 Pilot Knob Rd Section 34 10-16960-010-01 4888 Pilot Knob Rd Chapel Hill Baptist Church Summary for 'SA_Nbr' = PA1000 (2 detail records) Sum Friday, October 02, 2009 Proposed Pending Assessment Assessment $4,591.00 $5,970.00 $6,886.52 $8,950.00 $11,477.52 $14,920.00 Variance $1,379.00 $2,063.48 $3,442.48 Page 1 of I Agenda Information Memo October 6, 2009 Eagan City Council Meeting F. PROJECT 1003, BLUE GENTIAN ROAD STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1003 (Blue Gentian Road - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1003 provided for the street improvements of Blue Gentian Road, from Highway 149 to approximately 2,600 feet east of Highway 149 in northeast Eagan. • The Final Assessment Roll was presented to the City Council on September 1, 2009, with a public hearing scheduled for October 6 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 20% less the estimated benefit amounts that were presented at the original Public Hearing December 1, 2008. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on September 29 to address all property owners' questions or concerns and provide any additional information of interest. Of the 8 parcels (all commercial/ industrial) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages 11V through G3 '(7 FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 1003 Assessment: October 6, 2009 Name: Blue Gentian Road Project Approval Date: December 1, 2008 Street Improvements Final Feasibility Rate Report Units SANITARY SEWER ❑ Trunk ❑ Lateral ❑ Service O Lat. Benefit/trunk STORM SEWER O Trunk Final Feasibility Rate Report Units WATER ❑ Trunk O Lateral ❑ Service ❑ Lat. Benefit/trunk ❑ WAC STREET ❑ Gravel Base ❑ Surf./ Signs • C/I Equiv. $1,611.20 $2,010 / Acre O Concrete Entrance $75.41 $210 / S.Y. OTHER ❑ Service Pair STREET LIGHTS ❑ Installation ❑ Energy Charge Contract Number of Interest Amount Citv Number Parcels Terms Rate Assessed Financed 09-01 8 10 Years 6.5% $134,010 F.R. $14,200 F.R. $96,736.96 $14,620.25 (F.R. = Feasibility Report) 401' City of Eaaall MeMo To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: September 2, 2009 Subject: Final Assessment Roll, Project 1003 Blue Gentian Road - Street Overlay Improvements At the public hearing on December 1, 2008, the City Council ordered Project 1003, and in accordance with the feasibility report, the following improvements were constructed: mill and overlay and replacement of traffic and street signage for and replacement of curb and gutter/ concrete entrance aprons as needed. In the feasibility report, it was proposed to assess 100% to the commercial/ industrial properties of the street overlay and signage and concrete entrance apron improvements in accordance with the City Special Assessment Policy. The improvements were completed under Contract 09-01. The following information was used in the preparation of the assessment roll for Project 1003. PROJECT COST The construction cost includes the amount of $76,081.88 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $703.41. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $34,571.91 were incurred resulting in an improvement and project cost of $111,357.20. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMENT FEASIBILITY IMPROVEMENT COST COST REPORT Street Resurfacing/ Sign Replace $65,892.84 $29,667.68 $95,560.52 $119,310 Curb & Gutter Repair 10,081.25 4,539,00 14,620.25 $14,200 Concrete Entrance Repair 811.20 365.24 • 1,176.44 $14,700 Totals $76,785.29 $34,571.91 $111,357.20 $148,200 1 "9' ASSESSMENTS • TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. • STREET IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: ITEM UNIT EXTENDED UNIT QTY PRICE COST Mobilization L.S. 0.06 $36,500.00 $2,190.00 Mill bituminous pavement Sq. Yd. 3,533.00 0.55 1,943.15 Bituminous mat. for tack coat Gal. 525 4.00 2,100.00 Wear Course Mixture Ton 1,121.93 49.00 54,974.57 Traffic control L. S. 0.06 24,745.00 1,484.70 Pavement message arrow - left Each 2.00 95.00 190.00 Pavement message arrow — right turn-thru Each 2.00 160.00 320.00 4" double solid line yellow LF 2,643.00 0.45 1,189.35 4" solid line white LF 353.00 0.22 77.66 Zebra crosswalk white - latex SF 240.00 3.00 720.00 Traffic signs L.S. 1 703.41 703.41 SUBTOTAL $65,892.84 Other costs @ 45.02% 29,667.68 Mill & Overlay/ Street Sign Cost $95,560.52 • CONCRETE ENTRANCE REPAIRS The costs of the concrete entrance apron repairs were computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Remove concrete driveway 7" Concrete Driveway Pavement HE -Repair S.F.. 15.60 $6.00 $93.60 SY 15.60 46.00 717.60 SUBTOTAL $811.20 Other costs @ 45.02% $365.24 Concrete Entrance Apron Repair Cost $1,176.44 • IMPROVEMENT AND ASSESSMENT RATES Commercial/ Industrial - Street — All benefiting properties are commercial/ industrial. The improvement and assessment rates for these properties is computed as follows: 2 1) [$95,560.52 (Mill & Overlay Cost + Signage Cost) x 100%] = $95,560.52 [Total Assessment] 2) $95,560.52 (Total Assessment) - $1,611.20 / acre 59.31 Acres Commercial/ Industrial — Concrete Entrance Apron Repair - Assessment costs will be allocated to benefitting properties based on the individual entrance repair costs for each commercial/ industrial property (3 total). The proposed assessment rate for each property for concrete entrance repairs, per area of driveway repaired, is proposed as follows: 7860 Blue Gentian Road: $71.64 880 Blue Gentian Road: $71.64 950 Blue Gentian Road: $1,033.16 Total: $1,176.44 • ASSESSMENT TERMS The assessments are proposed for a term of 10 years for commercial/ industrial properties. The interest rate is 6.5% per annum on the unpaid balance. CITY REVENUES/ RESPONSIBILITY IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Street Resurfacing/ Signs $95,560.52 $95,560.52 Curb & Gutter Repair 14,620.25 14,620.25 Concrete Entrance Repair 1,176.44 1,176.44 Total $111,357.20 $96,736.96 $14,620.25 ■ CITY FUND RESPONSIBILITY Major Street Fund: $14,620.25 1214 Jo�r P.E. Reviewed Reviewed Public Works Department CJ Finance Dep. ment 1�.. k"O) Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I Date 3 /a( NORTH • INTERSTATE 494 • • `• ♦4 • BLUE `sr. GENTIAN 915 D. 9.26 Acres 1 1 1 1 1 • 1 t "•4 1 i • ♦! • 1 • 1 1 • LEGEND I E = .. Assessment Area Street Improvements Commercial / Industrial - $ 1,611.20 / Acre Concrete Entrance - $ 75.41 / S.Y. Repair 8.60 Acres 860 • • • • • • 1 1 v City of Evil Engineering Department Blue Gentian Road Street Revitalization - Project 1003 Final Assessments ftt,Iz\ 9-10-2009 Combined Assessment Roll Project Number PA1003 Proposed Pending PID Address Addition Name Assessment Assessment Variance 10-30801-020-01 950 Blue Gentian Rd Grand Oak 2nd $11,022.60 $13,722.00 $2,699.40 10-30803-010-01 860 Blue Gentian Rd Grand Oak 4th $13,927.96 $17,286.00 $3,358.04 10-30803-020-01 880 Blue Gentian Rd Grand Oak 4th $12,123.42 $16,085.00 $3,961.58 10-30803-030-01 930 Blue Gentian Rd Grand Oak 4th $12,873.49 $20,260.00 $7,386.51 10-64451-010-01 935 Blue Gentian Rd Robins 2nd $7,975.44 $11,210.00 $3,234.56 10-64451-020-01 915 Blue Gentian Rd Robins 2nd $14,919.71 $20,713.00 $5,793.29 10-64451-030-01 895 Blue Gentian Rd Robins 2nd $14,162.45 $20,188.00 $6,025.55 10-64451-040-01 875 Blue Gentian Rd Robins 2nd $9,731.65 $14,450.00 $4,718.35 Summary for 'SA_Nbr' = PA 1003 (8 detail records) Sum Friday, October 02, 2009 $96,736.72 $133,914.00 $37,177.28 Page 1 of I Agenda Information Memo October 6, 2009, Eagan City Council Meeting VII. NEW BUSINESS A. LIQUOR LICENSE REVOCATION HEARING — CONSIDER REVOCATION OF THE OFF -SALE LIQUOR LICENSE FOR MT LIQUORY OF EAGAN LLC (MELINA TO), 1629 LENA COURT, SUITE 105 ACTION TO BE CONSIDERED: To close the hearing and authorize staff to prepare Findings of Fact to be presented for approval on October 20, 2009 for the revocation of the off -sale liquor license for MT Liquory of Eagan LLC (Melina To), 1629 Lena Court, Suite 105. Or To close the hearing and authorize no additional action regarding the revocation of the off -sale liquor license for MT Liquory of Eagan LLC (Melina To), 1629 Lena Court, Suite 105. FACTS: ➢ At the September 15, 2009 City Council meeting, a hearing was scheduled for October 6, 2009 to consider revocation of the off -sale liquor license for MT Liquory of Eagan LLC due to the lack of liquor liability insurance which is required by Eagan City Code and State Statute in order to maintain a liquor license. ➢ On September 3, 2009, a letter was sent to the City indicating that the liquor liability insurance policy for MT Liquory of Eagan LLC had been cancelled effective March 25, 2009 due to nonpayment of the insurance premium. Staff contacted the licensee and informed her that insurance needed to be provided immediately in order to maintain the license. Staff also contacted the insurance agent to determine why the cancellation notice was not received until five months after cancellation. The agent, Waypoint Insurance Advisors, explained that because their office had been processing numerous cancellations they had inadvertently overlooked sending the cancellation notice for MT Liquory to the City of Eagan. ➢ MT Liquory attempted to obtain coverage through Waypoint Insurance; however, due to nonpayment of the premium and the difficulty they experienced in trying to make contact with the licensee regarding this matter, the agent informed Ms. To that they would not provide insurance for the business. ➢ Staff was later informed by the Minnesota Department of Public Safety, Alcohol & Gambling Enforcement Division that not only would the licensee need to provide proof of current insurance, they would also need to provide proof of insurance back to March 25, 2009. The licensee experienced some difficulty in finding an agent to write an insurance policy back to March. The State recommended the licensee contact the Minnesota Joint Underwriting Association (MJUA) to obtain this coverage. ➢ In working through all of the insurance and licensing issues with the State, it was discovered that if the licensee were unable to obtain insurance back to March, their previous insurance producer, Indiana Insurance and agent, Waypoint Insurance, is obligated to make insurance DA available back to March since they did not provide the City with the proper cancellation notice as required by MS 340A.409. D. Minnesota Statute 340A.409 states that a liability insurance policy must provide that it not be cancelled for nonpayment of premium unless the canceling party has first given ten days' notice in writing to the issuing authority (the City) of intent to cancel the policy. While the certificate of insurance provided by the previous insurer states that "they shall endeavor to mail 30 days written notice of cancellation to the certificate holder but that failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives," the State said that if the producer/agent would not afford the licensee the ability to secure insurance through them this would be considered a violation of State Statute. D On September 30, staff was informed that the licensee will be securing the required insurance from March 25, 2009 through September 28, 2009 from the MJUA. It is expected that this insurance will be provided to the City by October 6. An update will be provided at the time of the Council meeting. In addition, on September 30, a certificate of insurance was received by staff which shows coverage for the licensee effective September 28, 2009 through September 28, 2010. ➢ Liability insurance is required to be in effect for the entire license period which in the City of Eagan is from January 1 through December 31. While the current certificate of insurance is set to expire September 28, 2010, at renewal time staff will ensure that the licensee has insurance in place through December 31, 2010. D If the licensee provides the City with liability insurance covering the period back to March 25 prior to the October 20, 2009 City Council meeting, no action on the proposed revocation will be required by the City Council. D As a separate matter, a notice of alcohol sales violation for failure to comply with the conditions required to maintain a liquor license per Eagan City Code and State Statute was sent to the licensee. This is the licensee's first violation in a 24 -month period, which resulted in the imposition of a $500 civil penalty. The licensee has been given the opportunity for a hearing with the hearing officer should she desire to appeal the matter. ATTACHMENTS (4): ➢ Current certificate of insurance on page D September 22, 2009 notice of alcohol sales violation on page f . ➢ September 16, 2009 letter to licensee outlining violation and notice of revocation hearing on pages through /A cl . ➢ September 3, 2009 letter to licensee regarding notice of insurance cancellation on pages 30 through 13 I . a5 From: Becky Nadeau for Shelley Chapin At: Bearence Management Group FaxID: 612-436-5601 To: Maria Peterson Date: 9/30/2009 09:34 AM Page: 2 of 3 AcLicArzb. CERTIFICATE OF LIABILITY INSURANCE OP ID BE MTLIQ-1 DATE(MM/DD/YYYY) 09/30/09 PRODUCER Bearence Management Group 111 3rd Ave S, Suite 400 Minneapolis MN 55401 Phone: 612-436-5600 Fax:612-436-5601 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED MT Liquory of Eagan, LLC DBA MT Liquory 1629 Lena Court, #105 Eagan MN 55122 I INSURER A: Selective Ins co of Anerice 12572 INSURER B GENERAL INSURER C S 1911726 S 1911726 INSURER D 09/28/10 09/28/10 INSURER E: $ 1000000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRD TYPE OF INSURANCE POLICY NUMBER DATE ( IDDN IVE (MM/DD/YYYY) DATE (Y EXPIRAJ ION DATE (MM/DD/YYYY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY S 1911726 S 1911726 09/28/09 09/28/09 09/28/10 09/28/10 EACH OCCURRENCE $ 1000000 X UAMAL,t I U REN I to PREMISES (Ea occurence) $ 300000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5000 X Liquor Liab PERSONAL &ADV INJURY $ 1000000 GENERAL AGGREGATE $ 3000000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY n JECT n LOC PRODUCTS - COMP/OP AGG $ 3000000 n AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ WORKERS AND EMPLOYERS' ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER (Mandatory If yes, describe SPECIAL PROVISIONS COMPENSATION LIABILITY Y / N WC SIAIU- OIH- TORY LIMITS ER E.L. EACH ACCIDENT $ EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ In NH) under below E.L. DISEASE - POLICY LIMIT $ A OTHER Liquor Liab S 1911726 09/28/09 09/28/10 Aggregate $2000000 Each DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS *10 days notice for non-payment of premium* CERTIFICATE HOLDER CANCELLATION C-EAGAN City of Eagan Attn: Maria Peterson 3830 Pilot Knob Road 'Eagan MN 55123 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL. ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Al pRI D ACORD 25 (2009/01) EPI;<ECI=NTATIVE 988-2009 ACORD dy ©T CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTICE OF ALCOHOL SALES VIOLATION City of Eagan DATE: 9/22/09 TO: LICENSEE: MT Liquory of Eagan LLC Case #: N/A Address: 1629 Lena Court, Suite 105, Eagan, MN 55122 LICENSED PREMISES: MT Liquory, same address as above RE: Alcohol Sales Violation: Date of Violation: N/A 1St Date of Prior Alcohol Sales Violations (include Case #): N/A YOU ARE HEREBY NOTIFIED as the Licensee of the above -referenced Licensed Premises that a violation of the alcohol regulations as set forth in Minnesota Statutes, Section 340A.101., et. seq. and Eagan City Code, Sections 5.01-5.99 has occurred at the above -referenced Licensed Premises, as follows: (date and description of alcohol sales violation) The first violation in a 24 -month period occurred when the City was informed on 9/3/09 that the licensee did not have the required liquor liability insurance. THEREFORE, YOU ARE HEREBY NOTIFIED that pursuant to Minnesota Statutes, Section 340A.415, and Eagan City Code, Section 5.02, the City of Eagan imposes the following civil penalty upon you: ® 1. A civil penalty of $500.00 ❑ 2. A civil penalty of $1,000.00, because the above -referenced violation is the second violation within 24 months of a previous violation. ❑ 3. A civil penalty of $1,500.00 and a seven (7) day suspension effective: (i) ten (10) business days after the issuance of this Notice ( ); or (ii) upon completion of a hearing, if requested as set forth below, if a violation has been found to occur because the above -referenced violation is the third violation within 24 months of the first violation. ❑ 4. A civil penalty of $2,000 and a thirty (30) day suspension effective: (i) ten (10) business days after the issuance of this Notice ( ); or (ii) upon completion of a hearing, if requested as set forth below, if a violation has been found to occur because the above -referenced violation is the fourth violation within 36 months of the first violation. YOU ARE HEREBY FURTHER NOTIFIED that pursuant to Minn. Stat. §340A.415, and Eagan City Code, Section 5.02, you have a right to a hearing to appeal this Notice and the imposition of the civil penalties. Should you desire to have a hearing, you are required to request a hearing by serving the attached Request for Hearing upon the City Clerk within ten (10) business days of the date of this Notice. Upon receipt of your Request for Hearing, a hearing will be set before the City's hearing officer, no more than fourteen (14) days from the date of the City's receipt of your Request for Hearing. If the hearing officer determines that a violation has occurred upon the conclusion of the hearing, or if you do not timely request a hearing, you are required to immediately comply with the provisions herein. If you have any questions concerning this matter, please contact: Maria Petersen, City Clerk/Admin. Svcs. Coord. at (651) 675-5034 11/ Signature 07 Date 41,11 City of Eagan Mike Maguire Mayor Paul Bakken Cyndee Fields Gary Hansen Meg Tilley Council Members Thomas Hedges City Administrator Municipal Center 3830 Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD Maintenance Facility 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cityofeagan.com The Lone Oak Tree The symbol of strength and growth in our community. September 16, 2009 Ms. Melina To MT Liquory of Eagan LLC dba MT Liquory 1629 Lena Court, Suite 105 Eagan, MN 55122 Dear Ms. To: NOTICE OF LIQUOR LICENSE VIOLATION AND NOTICE OF REVOCATION HEARING The City of Eagan sent you a letter, dated September 3, 2009, informing you that on that same day the City received a mailed notice of cancellation of the liquor liability insurance for MT Liquory of Eagan LLC. The cancellation notice was sent by Waypoint Insurance Advisors and stated that your liquor liability insurance was cancelled effective March 25, 2009. In the September 3 letter sent to you, and during a telephone conversation with you that same day, you were also informed that proof of current insurance was required or the Council would consider revocation of your off -sale liquor license. As of today, the City has not received any proof showing that a current insurance policy, affording the required coverage, is in place for MT Liquory of Eagan LLC. The purpose of this letter is two -fold: (1) you are hereby notified of the violation of Eagan City Code and State Statute; and (2) a hearing will be held by the Eagan City Council on October 6, 2009 at 6:30 p.m., or as soon thereafter as Council business permits, to consider revocation of the off -sale liquor license for MT Liquory of Eagan LLC. NOTICE OF VIOLATION: Per Minnesota Statute 340A.409, Subd. 1, "No retail license may be issued, maintained or renewed unless the applicant demonstrates proof of financial responsibility with regard to liability imposed by section 340A.801"; and per M.S. 340A.409 Subd. 1 (1), "A certificate must be in effect for the license period." Eagan City Code Section 5.14 states, "Whenever an insurance certificate is required by this chapter, the applicant shall file with the city a certificate of insurance showing ... (2) that coverage is effective for at least the license term approved... Cancellation or termination of such coverage shall be grounds for license revocation." Liquor licenses in the City of Eagan are issued on a calendar - year basis (January 1 through December 31). According to the Minnesota Department of Public Safety, Alcohol & Gambling Enforcement Division, you will need to provide proof of coverage from March 25, 2009 through December 31, 2009 icW in order to be in compliance with State Statutes and Eagan City Code and to maintain your off -sale liquor license. Minnesota Statute 340A.415 states, "On a finding that the license or permit holder has failed to comply with an applicable statute, rule, or ordinance relating to alcoholic beverages, the commissioner or the authority issuing a retail license or permit under this chapter may revoke the license or permit, suspend the license or permit for up to 60 days, impose a civil penalty of up to $2,000 for each violation, or impose any combination of these sanctions. No suspension or revocation takes effect until the license or permit holder has been given an opportunity for a hearing. NOTICE OF REVOCATION HEARING: You are hereby notified that based upon receipt of the cancellation notice received on September 3, 2009 informing the City of Eagan that your liquor liability insurance was cancelled effective March 25, 2009, the City Council at its September 15, 2009 City Council meeting, set a Hearing to consider revocation of the off -sale liquor license for MT Liquory of Eagan LLC on its regular Council meeting agenda for October 6, 2009. Accordingly, the Eagan City Council will hold a hearing to consider revocation of the off -sale liquor license for MT Liquory of Eagan LLC on October 6, 2009 at 6:30 p.m., or as soon thereafter as Council business permits, at the Eagan City Hall, 3830 Pilot Knob Road, Eagan, Minnesota. Be advised that this hearing is your opportunity to be heard and to present any evidence or testimony you may have for the City Council to consider before it makes its decision. Please bring with you any evidence or witnesses you wish to present on your behalf. Please contact me at (651) 675-5034 should you have any questions regarding this matter. Sincerely, Maria Petersen City Clerk/Administrative Services Coordinator Cc: Tom Hedges, City Administrator Gene VanOverbeke, Director of Administrative Services 411,1/I° City of Eaaali Mike Maguire Mayor Paul Bakken Cyndee Fields Gary Hansen Meg Tilley Council Members Thomas Hedges City Administrator Municipal Center 3830 Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD Maintenance Facility 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cityofeagan.com The Lone Oak Tree The symbol of strength and growth in our community. September 3, 2009 Ms. Melina To MT Liquory of Eagan LLC dba MT Liquory 1629 Lena Court, Suite 105 Eagan, MN 55122 Dear Ms. To: Enclosed is a notice of cancellation informing the City that your liquor liability insurance was cancelled effective March 25, 2009. Per our phone conversation this afternoon, I informed you that I spoke to Ryan Brellenthin, the agent for this policy, and he explained that this policy was cancelled because of nonpayment of the insurance premium. The insurance agency, Waypoint Insurance Advisors, inadvertently overlooked sending the usual 30 day cancellation notice until now. The State of Minnesota and the City of Eagan require that liquor liability insurance be kept in force as a condition for the maintenance of your 2009 Off -Sale Liquor license. If the City does not receive proof of a current insurance policy, the City Council will consider the possible revocation of your liquor license at the September 15, 2009 City Council meeting. Please forward a current certificate of insurance showing liquor liability coverage via fax 651-675-5012, email mpetersen@cityofeagan.com or by dropping off the certificate to 3830 Pilot Knob Road. If you have any questions, you can contact me at 651-675-5034. Sincerely, Maria Petersen City Clerk/Administrative Services Coordinator Enc. CERTIFICATE OF PRODUCER Fax# Waypoint Insurance Advisors 34 Water Street Suit 8 Excelsior, MN 55331 Phone# 952-470-2140 k r(CV'Cc Cci "t13 LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. DATE (MM/DD/YYYY) 12/12/2008 INSURERS AFFORDING COVERAGE NAIC # INSURED Fax# Phone# MT Liquory of Eagan LLC dba MT Liquory 1629 Lena Court Suite 105 Eagan, MN 55122 INSURER A: Indiana Insurance Company INSURER B: INSURER C: INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 1 TR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMTODIYYYYI POLICY EXPIRATION DATE (MMIDO(YYYYL LIMITS X GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 3006539851 12/31/2008 12/31/2009 EACH OCCURRENCE $ 1,000,000 ✓ DAMAGE TO RENTED PREMISES (Ea occurence) $ 100,000 CLAIMS MADE ✓ OCCUR MED EXP (Any one person) $ 5,000 ✓ Liquor Liability PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 7 POLICY _JE T LOC Liquor Liability $1,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY $ (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY ANY AUTO - AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS 1 UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE - RETENTION $ $ $ WORKERS AND EMPLOYERS' ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER (Mandatory If yes, describe SPECIAL PROVISIONS COMPENSATION LIABILITY �. / N WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ in NH) under below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS J Liquor Liability coverage is $1,000,000/$2,000,000 aggregate /t C d1 r,, 9/2/09: Policy cancelled effective March 25, 2009 "ISZ- Lb eczr To ->— -2.44' CERTIFICATE HOLDER Fax# Phone# CANCELLATION City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGATION OR UABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/01) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 131 Agenda Information Memo October 6, 2009, Eagan City Council Meeting B. CONDITIONAL USE PERMIT — SCHAD TRACY SIGNS ACTION TO BE CONSIDERED: To approve a Conditional Use Permit to permit a pylon sign upon property located at 1570 Yankee Doodle Road, legally described as Lot 1, Block 1, Oak Hills Church 2nd Addition, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: > Schad Tracy Signs proposes a pylon sign for Oak Hills Church in the northeast corner of the parking lot, south of Yankee Doodle Road and east of Coachman Road. ➢ The church owns the adjacent property to the east and has plans for future expansion in that direction. ➢ The proposed pylon sign is 27' high and 104 square feet in area. > The sign contains the church name panel at the top, with an LED dynamic message center below that, and two smaller panels containing the church web site address and the building address. ➢ The LED message center is smaller in area than the church name panel, and utilizes two lines of 12" characters, the minimum character height required adjacent to Yankee Doodle Road. ➢ Per the Sign Ordinance, the LED dynamic message may change no more than once every 20 minutes. ➢ Because only one free-standing sign is permitted for a building, the existing monument sign at the driveway on Coachman Road will need to be removed. > The Advisory Planning Commission held a public hearing on September 22, 2009 and recommended approval of the request. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: October 18, 2009 ATTACHMENTS (3): Location Map, pages tluough - September 22, 2009 Draft APC minutes, page Planning Report, pages i 3�jthrough Location Map Eagan Boundary Right-of-way Parcel Area Park Area Building Footprint 4 o: a� 7 040141 1 7 a .FJ fel 174g46111:4 e� TIVOI2 c tearer' x. ,: C1:r7 er�� n �' ® r1 *HO %a viiia 1 `. a Mir R ir ___Y,110 x Fer. 4tW4J1*1' r4. �tte'���ra��4�- ea U 40,,,v ..,,:.,,,, reit�-'IL�%!P �3� C2,11,ter, a°J4 L7 ��7 ��� 71 rl,,,,, d y�n It�V' Itl�tea..., Jail" ��ttl�D4. Ca�.12 la ;w���o ¢� �� � O P Ca ,„„. .. CJ p „, maei t: E 1000 d 0 r-- 1VEL I L 1000 2000 Feet Development/Developer: Schad Tracy Signs/Oak Hills Church Application: Conditional Use Permit Case No.: 16 -CU -10-08-09 Cily of Eau Community Development Department f 33 THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. W E Advisory Planning Commission September 22, 2009 Page 2 of 5 IV. PUBLIC HEARINGS A. Oak Hills Church Applicant Name: Schad Tracy Signs Location: 1570 Yankee Doodle Road; Lot 1, Block 1, OAK HILLS CHURCH 2ND ADDITION Application: Conditional Use Permit A Conditional Use Permit to allow a pylon sign. File Number: 16 -CU -10-08-09 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated September 16, 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 Filipi moved, Member Keeley seconded a motion to recommend approval of a Conditional Use Permit to permit a pylon sign upon property located at 1570 Yankee Doodle Road, legally described as Lot 1, Block 1, Oak Hills Church 2nd Addition, subject to the following conditions: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval by the City Council. 2. An administrative Sign Permit shall be obtained from the City prior to installation of the pylon sign. 3. The pylon sign shall be setback a minimum of 10 feet from all property lines and be located outside of easement areas. 4. The pylon sign shall be located as indicated on the site plan dated August 28, 2009. 5. The pylon sign shall not exceed the dimensions as indicated on the sign exhibit dated August 29, 2009. 6. The pylon sign shall comply with all Sign Code requirements; including the message changing no more than once every twenty minutes. 7. The existing monument sign shall be removed upon installation of the pylon sign. 8. Address identification numbers mounted on the building shall comply with current standards per Section 2.78 of the City Code. A vote was taken. All voted in favor. Motion carried: 5-0. al- PLANNING REPORT CITY OF EAGAN REPORT DATE: September 16, 2009 APPLICANT: Schad Tracy Signs PROPERTY OWNER: Oak Hills Church REQUEST: Conditional Use Permit LOCATION: 1570 Yankee Doodle Road COMPREHENSIVE PLAN: QP, Quasi -Public ZONING: PF, Public Facilities CASE: 16 -CU -10-08-09 HEARING DATE: September 22, 2009 APPLICATION DATE: August 19, 2009 PREPARED BY: Pamela Dudziak SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to permit a pylon sign upon property located at 1570 Yankee Doodle Road, legally described as Lot 1, Block 1, Oak Hills Church 2nd 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. 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 Planning Report — Schad -Tracy Signs (Oak Hills Church) September 22, 2009 Page 2 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 property was initially platted in 1997 and the church was constructed in 2000. At the time of initial development, a Variance was granted permitting a 10' setback of the parking lot from the Yankee Doodle Road right-of-way. In 2005, Oak Hills Church began the process to create two parcels for single-family homes on the southwestern portion of their property along Coachman Road. That subdivision and replatting was completed in December 2007. Oak Hills Church has since acquired the adjacent property to the east and plans a future expansion of this facility. EXISTING CONDITIONS Existing site development consists of the church and parking lot. A large pond occupies the southern portion of the property. The church is located on the northeastern part of the lot, with parking lot to the north and west. Access to the property is provided via Coachman Road. The property sits below Yankee Doodle Road, with a significant slope up from the parking lot to the road. Current signage consists of a non -illuminated panel sign, approximately 4' x 7', at the driveway entrance on Coachman Road. Existing sign at Coachman Road Planning Report — Schad -Tracy Signs (Oak Hills Church) September 22, 2009 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Compatibility with Surrounding Area — The site is adjacent to a major county road with commercial development opposite it. The adjacent City maintenance facility contains a service garage and fuel pumps for City vehicles. Churches are a permitted use in the PF zoning district. A pylon sign is a conditional use. Site Plan — The pylon sign is proposed to be located on the northeast corner of the site. The Site Plan shows the required setbacks of 10 feet from both the north and east lot lines are satisfied. Landscaping — The site was landscaped with initial construction of the church. No landscaping will be removed and no new landscaping is proposed with the pylon sign. Access/Street Design — Access to the site is provided from Coachman Road. Sign Ordinance — The City Code allows for a pylon no greater than 27' in height and no larger than 125 square feet in area per side with approval of a Conditional Use Permit. Pylon signs are not to be located within 300 feet of each other on the same side of the street. The Sign Code permits only one free-standing sign on a lot; therefore, the existing monument sign should be removed if the proposed pylon sign is installed. However, the Sign Code would permit a directional sign of not more than 6 sq. ft. to be installed at the driveway access on Coachman Road in addition to the proposed pylon sign along Yankee Doodle Road. The general sign standards of the dynamic sign code allow a message to change no more than once every 20 minutes and the dynamic area of the sign must be subordinate to the business name portion of the sign. The character height is based upon the speed limit of the adjacent roadway, which is 12" for the 45 mph speed limit on Yankee Doodle Road. The proposed pylon sign totals 104 square feet and is 27 feet in height. The sign consists of four panels. The main church name identification panel is 7'10" x 8'-8 1/4", illuminated white channel letters mounted on a red background. An LED dynamic message board consisting of two lines of 12" characters is located below the main church sign between the sign supports. )37 Existing Use Zoning Land Use Designation North Commercial Retail (N of YD Rd.) NB, Neighborhood Business RC, Retail Commercial South Residential PD, Planned Development LD, Low Density Residential East Vacant R-4, Residential Multiple MD, Medium Density West Vacant/Pond; Public Maintenance Facility PF, Public Facilities QP, Quasi -Public EVALUATION OF REQUEST Compatibility with Surrounding Area — The site is adjacent to a major county road with commercial development opposite it. The adjacent City maintenance facility contains a service garage and fuel pumps for City vehicles. Churches are a permitted use in the PF zoning district. A pylon sign is a conditional use. Site Plan — The pylon sign is proposed to be located on the northeast corner of the site. The Site Plan shows the required setbacks of 10 feet from both the north and east lot lines are satisfied. Landscaping — The site was landscaped with initial construction of the church. No landscaping will be removed and no new landscaping is proposed with the pylon sign. Access/Street Design — Access to the site is provided from Coachman Road. Sign Ordinance — The City Code allows for a pylon no greater than 27' in height and no larger than 125 square feet in area per side with approval of a Conditional Use Permit. Pylon signs are not to be located within 300 feet of each other on the same side of the street. The Sign Code permits only one free-standing sign on a lot; therefore, the existing monument sign should be removed if the proposed pylon sign is installed. However, the Sign Code would permit a directional sign of not more than 6 sq. ft. to be installed at the driveway access on Coachman Road in addition to the proposed pylon sign along Yankee Doodle Road. The general sign standards of the dynamic sign code allow a message to change no more than once every 20 minutes and the dynamic area of the sign must be subordinate to the business name portion of the sign. The character height is based upon the speed limit of the adjacent roadway, which is 12" for the 45 mph speed limit on Yankee Doodle Road. The proposed pylon sign totals 104 square feet and is 27 feet in height. The sign consists of four panels. The main church name identification panel is 7'10" x 8'-8 1/4", illuminated white channel letters mounted on a red background. An LED dynamic message board consisting of two lines of 12" characters is located below the main church sign between the sign supports. )37 Planning Report — Schad -Tracy Signs (Oak Hills Church) September 22, 2009 Page 4 Also affixed between the supports, is a 12" backlit illuminated cabinet with the church web site address, and a 12" non -illuminated street address panel. The proposed sign location is at the northeast corner of the property. There are no other pylon signs on the south side of Yankee Doodle Road within 300 feet of the proposed pylon location. The address identification numbers mounted on the building should be replaced, if necessary, to comply with current City Code standards Per Section 2.78 of the City Code. Section 2.78 provides in part that numbers be a minimum height of 12", conspicuously placed in the upper corner of the front of the building, in a color contrasting with the building, to be easily and clearly seen at all hours of the day and night. Proposed pylon location in NE corner of site SUMMARY/CONCLUSION The applicant is requesting approval of a Conditional Use Permit for a 27' high, 104 square foot pylon sign with an LED message center. The message may change no more than every 20 minutes, per the Sign Ordinance. The existing free-standing monument sign will need to be removed, and building address numbers updated to meet current City Code standards. The proposed pylon sign appears to satisfy performance standards for pylon signs in the Sign Ordinance regarding size, setbacks, spacing, and character size for the dynamic portion of the proposed sign. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to permit a pylon sign upon property located at 1570 Yankee Doodle Road, legally described as Lot 1, Block 1, Oak Hills Church 2nd Addition. If approved the following conditions should apply: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval by the City Council. 2. An administrative Sign Permit shall be obtained from the City prior to installation of the pylon sign. 3. The pylon sign shall be setback a minimum of 10 feet from all property lines and be located outside of easement areas. 4. The pylon sign shall be located as indicated on the site plan dated August 28, 2009. 3) Planning Report — Schad -Tracy Signs (Oak Hills Church) September 22, 2009 Page 5 5. The pylon sign shall not exceed the dimensions as indicated on the sign exhibit dated August 29, 2009. 6. The pylon sign shall comply with all Sign Code requirements; including the message changing no more than once every twenty minutes. 7. The existing monument sign shall be removed upon installation of the pylon sign. 8. Address identification numbers mounted on the building shall comply with current standards per Section 2.78 of the City Code. 13? Location Map Eagan Boundary Right-of-way nParcel Area Park Area { Building Footprint r7 7 ranIII!gr, r_ru••��� la= 111111111M a" C9 0 0 1000 0 Development/Developer: Schad Tracy Signs/Oak Hills Church Application: Conditional Use Permit Case No.: 16 -CU -10-08-09 City of Eau Community Development Department 1000 THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. 2000 Feet W� E Current Zoning and Comprehensive Guide Plan Northwood Business Park Interim Use Permit 10 -IN -04-08-09 Land Use Map Comprehensive Guide Plan Land Use Map Current Land Use Designation: IND Limited Industrial 600 0 800 1200 Feat ID :OYNTY ROAD N0.28 (YANKEE DOODLE ROAD) CUL r um 4111I City of Capp Porch baso map Information pvId y Dakota County Land Sung Department Decipher 2001 Zoning Information maintained by City Staff. THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. Drawing Date: 07.30.09 I Rev: 1 Customer: OAK HILLS CHURCH 0 ire tai Designer: DARREN. D File Home: RB7083-07-30-09 CUSTOMER APPROVAL 1 These Omwings Are llie Exclusive Pmpedy 01 Schad Tracy Signs. They Represent cborgeable limo spent. they me submitted (m your personal use undo the agreement That the use of this design in its entirety or any port will not be reproduced, copied, leo or used ler ony purpose without written consent !tom Schad nary Signs. Cie I. - C. ZO > C' lee O oo a w < Men0- G z PHONE - 952.808.0500 i 0 S ceW. W Y �. .K `"r ., Z C r _ VH W N o �Nn ev C ZCN • tU c� 0- a 1 SIGN PLACEMENT 1 2 Z O RECEIVED AUG 282009 • • d N N N J 1-1414-1+1+1_ i -r proN Nr11H0103 143 . ••••••... - O 0 0 0 0 0 O O 0 0 0 O O 0 O O 0 0 Di Oi O'; O O• o 157D YANKEE DOODLE ROAD SIGN f LACEMENT 1 • c exist entry existing parking ti 167 spaces new parking " 69 spa �4 tk u re) b� b� I 1 I I II o. ilii. 9 - sting lobby existing assertblY 432 eats 55721 sf wello d boffe X i 5t . y lT(kke- '3S1D\ /XPAN These Drawings Are The Exclusive Property 01 Schad Tracy Signs. They Represent chargeable lime spent. They are submitted los your personal uso under the agreement that the use of this design in its entirety or any past yell nal he reproduced, copied, lens or used for oily purpose without mitten consent Iron Schad Tracy Signs. jADDITIONAL'PROD CTID !,NOTESt CITY & STATE: NA ADDRESS: NA 'E ! §; 2 2§E.! 2...1. � #:�\k}§ IREVISION DATE 08/29/09 Jaa- 0. SIC 1,1 VI - 6 § - £ ! . ( 5! §k k§ [e jk� B=\! LU ,= G eg f. \i! & \- 'E ! §; 2 2§E.! 2...1. � #:�\k}§ E Conditional Use Permit - Narrative Oak Hills Church 1570 Yankee Doodle Eagan MN 55122 PID -105359101001 Existing land uses: Church site Surrounding Property Zoning and Uses: East Side: zoned R4, multiple residence — this is owned by the church and vacant at this time. North Side: Commercial Business West Side: Water treatment and maintance — zoned Public facility/City Operations South Side: Single family residential and pond. Zoned planned development. Oak Hills Church needs to install a pylon sign on the north side of our property adjacent to Yankee Doodle Rd in order to inform and attract those traveling on Yankee Doodle Rd of our location and purpose. Often times, deliveries or visitors have a very difficult time finding our building. Our building is situated below the grade of the road and is mostly hidden behind a Targe berm along Yankee Doodle. The pylon will allow our name and message to be seen by the traffic coming from both directions. A pylon, is necessary due to the Targe setback from Yankee Doodle Rd and the large berm separating the property from the road. Estimated Completion date: October 30, 2009 Project details: 1 D/F Pylon sign with Aluminum face. Lighted LED Channel letters. Also a 12" X 96" D/F cabinet with routed aluminum face with message center RECEIVED AUG 19 2009 7 iLt(9 Agenda Information Memo October 6, 2009, Eagan City Council Meeting C. CONDITIONAL USE PERMIT AND FINAL PLAT (HEDDEN EAST) — HEDDEN ST PAUL PROPERTIES ACTION TO BE CONSIDERED: To approve a Final Plat (Hedden East) to create one lot on approximately 2.3 acres located at 3205 Mike Collins Drive. To approve (OR direct findings of fact for denial) a Conditional Use Permit for the outdoor storage of up to 21 vehicles for property located at 3205 Mike Collins Drive, legally described as Lots 17-19, Block 3, Eagandale Center Industrial Park No. 4, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: Hedden St Paul Properties is proposing a Final Plat of their existing property to consolidate three existing parcels into one lot. ➢ The applicant is proposing the outdoor storage of up to 21 vehicles (cars, trucks and vans). y 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 side and rear yard and appears to meet the outdoor storage requirements. The applicant shall submit a revised Site Plan, identifying the dimensions of the new parking stalls at 10 x 19, consistent with code requirements. The Advisory Planning Commission held a Public Hearing on September 22, 2009 and is recommending approval. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: October 12, 2009 ATTACHMENTS (4)• Location map on page Draft September 22, 2009 APC mi utes on page(49 Staff report on paggsf g) through iw Final Plat on page 147 Location Map Eagan Boundary Right-of-way Parcel Area Park Area Building Footprint 1000 0 1000 2000 Feet Development/Developer: Hedden St. Paul Properties Application: Conditional Use Permit Case No.: 11 -CU -09-08-09 City of Eau Community Development Department THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. W+ E Advisory Planning Commission September 22, 2009 Page 3 of 5 B. ServiceMasters Clean Applicant Name: Hedden St. Paul Properties Location: 3205 Mike Collins Drive; Lot 19, Block 3, EAGANDALE CENTER INDUSTRIAL PARK NO 4 Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage of company vehicles. File Number: 11 -CU -09-08-09 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated September 16, 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 Heaney moved, Member Filipi seconded a motion to recommend approval of a Conditional Use Permit to allow outdoor storage of company vehicles for property located at 3205 Mike Collins Drive, legally described as Lots 17-19, Block 3, Eagandale Center Industrial Park No.4, subject to the following conditions as amended: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The Applicant shall submit a revised Site Plan with the required, existing and proposed parking counts and identify the proposed parking stalls to be 10 x 19 feet in accordance with City zoning ordinances. Additionally the Site Plan shall identify the proposed proof -of - parking location. 3. If after review by the City, it is decided that additional parking is needed due to extensive on - street parking, additional on-site parking must be provided within one year of notice to the Applicant or its successors or assigns. 4. Fencing shall be provided to screen the outdoor storage from public right-of-way per the Site Plan received September 1, 2009. 5. The outdoor storage shall be limited to vans, pickups and cars, and storage shall occur in the designated parking areas as indicated on the Site Plan received September 1, 2009. 6. The Applicant shall plat and record the properties under common ownership by February 1, 2010. 7. The applicant shall enclose the trash and/or recycling containers in an enclosure that meets City Code requirements no later than May 1, 2010. A vote was taken. All voted in favor. Motion carried: 5-0. '49 PLANNING REPORT CITY OF EAGAN REPORT DATE: September 16, 2009 CASE: 11 -CU -09-08-09 APPLICANT: Hedden St. Paul Properties HEARING DATE: September 22, 2009 PROPERTY OWNER: Same APPLICATION DATE: August 13, 2009 REQUEST: Conditional Use Permit PREPARED BY: Sarah Thomas LOCATION: 3205 Mike Collins Drive COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of company vehicles for property located at 3205 Mike Collins Drive, legally described as Lots 17- 19, Block 3, Eagandale Center Industrial Park No.4. 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. jc Planning Report — Hedden St. Paul Properties September 22, 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 Hedden St Paul Properties has purchased the building and plans to lease it to Specialty Contracting Service Inc., and ServiceMaster will also sub lease the building. According to the Applicant's narrative, "The primary activity of the company is servicing the restoration industry along with carpet, upholstery and specialty cleaning services". EXISTING CONDITIONS The 2.3 acre site consists of three lots. A survey of the property identifies that the building is located over two lot lines, which creates a non -conformity with setbacks. Therefore, the applicant has agreed to replat the property into one parcel to rectify the non -conformity. The property was platted in 1970. A 20,000 sq. ft., precast building was constructed in 1997. The majority of the building is utilized as a warehouse and there is an approximate 3,000 sq. ft. office space within the building. SURROUNDING USES The site is surrounded on all sides by property zoned and guided for industrial uses. ISS Planning Report — Hedden St. Paul Properties September 22, 2009 Page 3 EVALUATION OF REQUEST Compatibility with Surrounding Area — Outdoor storage is a conditional use in the I-1 zoning district. The subject site is surrounded by other industrial properties. The proposal appears consistent with the land use designation of Limited Industrial. Site Plan — The applicant is proposing outdoor storage of up to 21 company vehicles (vans, pickups and cars). Outdoor Storage — The ordinance standards for outside storage are outlined below. 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. The applicant has proposed the installation of an eight foot cyclone fence with brown privacy slats. The fence is proposed to be located approximately one third of the way into the parking area. A 20 foot rolling gate is also proposed in this location, separating the employee parking area from the outdoor storage area. The fence and gate are proposed to contain and visually screen the outdoor storage. The entrance to the property is already equipped with an existing gate. 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 screenedfrom 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. The proposed chain link fence with privacy slats will screen the storage area from the public right-of-way to the east. 4. The storage area shall not interfere with any pedestrian or vehicular movement. The proposed Site Plan 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. There are 14 existing parking stalls on the site and the applicant proposes to add 23 parking stalls for a total of 37 spaces. The minimum required for this site is 41 parking stalls. The applicant has indicated that the north side of the building, which is vacant, could be used for additional parking if necessary. Also, the existing parking stalls are 9 x 18 feet versus 10 x 19, which is what is required by code. The applicant proposes the new parking stalls to be of the reduced size. A condition of approval requires a revised Site Plan with the new parking stalls to conform to current Code Requirements. This would allow the addition of 21 parking stalls. 15a. Planning Report — Hedden St. Paul Properties September 22, 2009 Page 4 The green space minimum requirement is 25%. The applicant proposes to plat the properties under common ownership which will assist with meeting this requirement as the northern portion of the lot is vacant of buildings and other hardcover surface. No additional hardcover is proposed with the outdoor 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 area proposed for outdoor storage consists of existing bituminous. Landscaping — The site contains some existing, mature landscaping and no additional landscaping is proposed. Trash Enclosure — The Site Plan identifies a dumpster location adjacent to the rear of the building. The City Code requires trash and recycling containers to be located in an enclosure. Grading/Storm Drainage — No changes are proposed to the existing conditions. Access/Street Design — Access to the site is currently from a driveway entrance onto Mike Collins Drive 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 up to 21 company vehicles (vans, pickups and cars). The property in question is located within an industrial park where outdoor storage is common. The proposed outdoor storage occurs on the side yard of the property and outdoor storage requirements appear to be met as proposed. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor storage of company vehicles for property located at 3205 Mike Collins Drive, legally described as Lots 17-19, Block 3, Eagandale Center Industrial Park No.4. 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The Applicant shall submit a revised Site Plan with the required, existing and proposed parking counts and identify the proposed parking stalls to be 10 x 18 feet in accordance with City zoning ordinances. Additionally the Site Plan shall identify the proposed proof -of - parking location. 3. If after review by the City, it is decided that additional parking is needed due to extensive on - street parking, additional on-site parking must be provided within one year of notice to the Applicant or its successors or assigns. 1S3 Planning Report — Hedden St. Paul Properties September 22, 2009 Page 5 4. Fencing shall be provided to screen the outdoor storage from public right-of-way per the Site Plan received September 1, 2009. 5. The outdoor storage shall be limited to vans, pickups and cars, and storage shall occur in the designated parking areas as indicated on the Site Plan received September 1, 2009. 6. The Applicant shall plat and record the properties under common ownership by February 1, 2010. 7. The applicant shall enclose the trash and/or recycling containers in an enclosure that meets City Code requirements no later than May 1, 2010. Location Map Eagan Boundary Right-of-way Parcel Area Park Area Building Footprint I I k±a Development/Developer: Hedden St. Paul Properties Application: Conditional Use Permit Case No.: 11 -CU -09-08-09 411911 City of kali Community Development Department iTHIS MAP I INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. W+ E Current Zoning and Comprehensive Guide Plan Hedden St. Paul Properties Land Use Map Conditional Use Permit 11 -CU -09-08-09 40' City ofEapn Parcel base map Information provided by Dakota County Land Survey Department Deember 2003. Zoning information maintained by City Staff. THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. W N S E Comprehensive Guide Plan Zoning Map 'jx1/4 A, J/JYPD I nc, ®® P'4( C S.I.M. NO. 26 LONE L� OAK RO _Nirr,....... CS. AN. NO 26 LONEOAKRO. r...iik... .. ligl MI .o•dlgr „Amt...., SA :Pa Current Zoning: rK 'fa- Ell RONNW Y• N. 3, Ilk r1-i qdliWirAlW41119:1 g i a u pea /4 Limited Industrial4F147its-- ��,� o o� riguablir.41,1 _ r z Nod ig Current Land Use Designation: •,, � - s i� �.9� fl d0 0 r Fli �. . -111:2RCOZdel Ii.13111011k o C= p IND Limited Industrial \�NW s42 ® z, Location j� ' • a�.N ,'r Location o :; .�� r -Ar, / t reran 1r ■1 a / , 0 �°reQt=ra Mr£411-m, � �eil III N�� ® asn-cm II4 1E11 Ai i r AA itas644.2 ar, Ai ill Isetwoi trii. i Immtb it.„ , ,..„ 600 0 600 1200 F..1 WO P Wt. e? ea 40' City ofEapn Parcel base map Information provided by Dakota County Land Survey Department Deember 2003. Zoning information maintained by City Staff. THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. W N S E Comprehensive Guide Plan �° ®® P'4( , Land Use Map CS. AN. NO 26 LONEOAKRO. n ligl MI .o•dlgr SA :Pa 4 Ilk j( r' ‘). ®op � ��,� NN YNO NWYNo. SS Current Land Use Designation: •,, � . 411 1 linii pAi r Fli �. . -111:2RCOZdel Ii.13111011k IND Limited Industrial \�NW s42 ® z, n - cow - it Cwa F� ._ = • _ Location o :; .�� r -Ar, r IND e . < 'Jr] eN rarr,..t III N�� ® asn-cm Ai i r AA itas644.2 fei i Immtb it.„ , TAMEinL 600 0 600 1200 For e? P 11 GW1 ^ 'q _ 40' City ofEapn Parcel base map Information provided by Dakota County Land Survey Department Deember 2003. Zoning information maintained by City Staff. THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. W N S E - • _ , _ . - OINK IMP' mcgabit 41."-.-2,1 • :.100.• -4% raL-.41grar7c 1.1 • RAI_RC:AD TR ACNE-. 1 ((t rsf' tc.6BN LE,LEE r 1. SITE PLAN _4 t • ��EC3 °Gr r .�ilf?.Jd tro,ks 14 17— anter lire of Northern tota°. Power Com pcny Ecs amen? r :a•0 0011125,91.9 rmiC SfONUdn112 .O1.<9 �l I r- 4.7 -O. :.7-O• s 1^0a1:. -ter_ P:.�•-•••••. lay ,on io 1 • -------- EAS;;hlc�dr �., iG I•c7.&'' N00'31'171' can- - :7:1 MIKE COLLJNS DRIVE fi r m O f0.,50,8E.59N ='�- M s ct e 7'03 /se prrrIVED SEP 012009 JOB NUMBER 1 3,666 JJ SURVEY 60 0020 rnAas 299.96 N00'21'01 -E SII!!IIIItIIIIIIJlIi!Illllifl�lll!�It11llllillllll1111{Iillllll�llllttllill _ Ee..mnl Is a6'•a.E ^- T— Den oA I.SSOJD r �1_ Re.l I"b u El—y w 5fI/. al S.c n OeERNEAD dRE n1.. n. nl N = sl.la " Q Pe.a. Cam6nY Eas.ml as^ EASE RAP- 06 FELL EAST OF PROPERTY UNE Ililllllllllltl!IlIII �I 3.1 5 4 9- 6 7771 / DRAIN GE cc. le Ia 1916 Re6 Fy p N n - Po 261 -n) of 67 2 J [� 100 \ — - \ •\ • • • • • • • • • • 1 CDNCRE76 PADS OAR WALAL & UTILITY 9 359.00 N89'38'09'W MEASURED 1o60 dtl1 A,LINIJIA CONCRETE APRON% 165.67 60013'17'E 080RETE cuae- MIKE COLLINS �a4SEA1EN7 `' =137.20=430.00 �� 8 18'1703' .b (1,IJ7. 10 Plal DRIVE HY-LAND SURVEYING, P.A. LAND SURVEYORS 11947 Idaho Ave N Champlin, Minnesota 55316 PHONE. (763)323-1300 FAX: (763)323-7035 ,SURV �J EYOR'S CERTIFICATION Milan nL MM. Req. Na. 20262 "FIELD BOOK NUMBER, 133J OC = HON! I ,31V3 0 w 0 In 0 00 0 70`±1510N5 DRAWN BY: Milton E. Nyland r or,11" :kir, 44 `"°"1"oregt,•■• . . . mmr..Pr- ' t.: :,, .' :"-. i N). . • ' '• '-' it "111.-'411111....16.1110r1.116.- ,SUlegiuNb..011-41011.NOKNOhoisub..,_7_ ' y. , .:0- -‘.1141767...."1141•A__ =.1.16..q.::11.6=4.13.116NT."--11.flirLilb.'illiiimilk , ..1%„..414666111..4%,0410111•041 .1M086, "liNiZela.01.0401■110. ' I . 141 I " VI% s- 1 ttli.N ,4•0701011.".Willik 111111V‘MOZIM11.. "1111112616:110~MINI -....~10...061:•00. ...b. .111001MICIM. .11=6..iiititain.vimase•.Nello. ."4=6-10A_""=.41=i1='.1%rolPRIVEVI"%sL4 •1111..,....'•11.."qprzipm..... NirgypwriPM., . -11/Wom..ler."40b. -••••.....M%z... illozengsousteam. .............. 1-:.7. %,,-''''..........T.•=14.01=`,; 'umn;?:4Z%In`u'aE:latcrrt.'4Z4ir'Wr'-mr4P"%.* ...................................... ............................ :..-7..:71: ................. ..... ,.:.... .... .................. '.44:1;444\44teliter*F..4.:n4, 4: .......4....:.=„...::::=7 -=4..117.-'.4.--m--,..•...",-...-----..e.F.:-...... -.46.64. --'144,.--'4%.*,-*_=-s•-----..-'4k -111 '7:- - -- 1-4. = -- = -" . . ---. .. -= ..- -- 7. .. i•-• -==:=_- -I : - .................. .1111110:•101.700.,X01.0%., • .%".1 . ; • IUD Date: September 1, 2009 To: City of Eagan Planning and Zoning From: Hedden St Paul Properties Re: Conditional use permit for outdoor storage RECEIVED SEP 012009 Hedden St Paul Properties has purchased the building located at 3205 Mike Collins Drive. The building is to be leased to Specialty Contracting Service Inc — East Metro. D.B.A. ServiceMaster Clean. ServiceMaster will also sub lease to Superior Construction Services Inc., its sister company. ServiceMaster and Superior Construction are owned by the same owners as Hedden St Paul Properties. The primary activity of the company is servicing the restoration industry along with carpet, upholstery and specialty cleaning services. The building will be used as office and warehouse. Primary activities included: Job estimators; Management and clerical; Warehousing of household contents; Warehousing of equipment and supplies; Cleaning and storing of household contents. This property and surrounding properties are currently zoned 1-1. We are submitting an application for a conditional use permit for outdoor storage of company vehicles. We propose to erect an 8' cyclone fence around the back approximate two thirds of the parking lot. The fence will be chain linked and have brown slatting to obscure inside viewing yet allow limited viewing for safety (see picture). There will be a 20' rolling gate at the front portion of the fenced in area (see drawing). A wood fence was considered but does not work as well in this situation. Outside viewing is almost completely eliminated and becomes too heavy for a rolling gate. The chain link fence with plastic slats is easier and less expensive to maintain. The proposal is for 37 parking stalls. We will potentially be parking 12-15 vehicles, (vans, pickups, and cars) in designated parking stalls over night. Including parking for 15 employees we will have more than enough parking as proposed. In the event of growth or expansion the north side of the building would allow ample room for the addition of more parking. The site is landscaped and is scheduled to be tuned up and will be maintained at an acceptable level. The lighting in the building site is being evaluated and will be addressed in agreement with the City of Eagan. Thank you for your time and consideration. Randall J. Hed Hedden St. Paul Properties LLC to 0 O co O INCH = 40 FEET U 04 11 w I ao 18 fe a 1! 1 o -k C 1k a 13 sIr� 1. ae Y VIV /10 v _1 v 0 1 �nnA, `1=1A11n 1� y"I MVI -IVVIVV\/vJ bO .714\I1_ __ —_ JIYr 1 1VV jNIr i 4nd .QO,SLC,. v a [n.i) I ,;SI'3M ,f0,[LBj� Di I [f1.21 3.LISL00N L9191 11 11 0) L N89"31"45 -W 0 • 01 3n11/C1% I N11"7:3n711 HI 4 1 J, lig �rcl I r Q Agenda Information Memo October 6, 2009 Eagan City Council D. INTERIM USE PERMIT — NORTHWOOD EQUITY LLC ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) an Interim Use Permit to allow outdoor storage of 37 vehicles (buses, vans and bloodmobiles) located at 3265 Northwood Circle, Lot 1, Block 1, Northwood Business Park 2"d Addition, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: > The Business Park zoned site is located east of Lexington Avenue and north of the Promenade retail development. > The Business Park zoning District prohibits outdoor storage. > Northwood Equity received approval to store 106 vehicles (trucks, vans, bloodmobiles, etc...) via an Interim Use Permit in May, 2003. The permit was valid for a two year period and in 2007 they received approval of an Interim Use Permit to extend the term until July 31, 2012 to coincide with the tenants lease. ➢ Due to lease extension discussion, the current proposal is to extend the IUP an additional three years, until August 31, 2015. ➢ The applicant states the outdoor storage of vehicles is necessary for two of their tenant's viability. ➢ The proposed outdoor storage does not meet the outdoor storage standard in that the storage area takes up required parking spaces. ➢ The proposed outdoor storage is screened from the public right-of-way by the existing building as well as a fence on the east side. > The prior IUP's issued did not receive any complaints. > The Advisory Planning Commission held a public hearing on September 22, 2009, and is recommending approval. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: October 18, 2009 ATTACHMENTS (3): Location map on page � t Draft September 22, 2p/0,9 APC minutes on pagel Staff report on pages through (77 Location Map Eagan Boundary Right-of-way Parcel Area Park Area Building Footprint 1000 0 1000 2000 Feet Development/Developer: Northwood Business Park Application: Interim Use Permit Case No.: 10 -IN -04-08-09 API. City of Bap Community Development Department /149 THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. WE Advisory Planning Commission September 22, 2009 Page 4 of 5 C. Northwood Business Park Applicant Name: Paramount Real Estate Location: 3265 Northwood Circle; Lot 1, Block 1, Northwood Business Park 2nd Addition Application: Interim Use Permit An Interim Use Permit for a term of 5 years to allow two tenants to park vehicles overnight. File Number: 10 -IN -04-08-09 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated September 16, 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 Filipi moved, Member Keeley seconded a motion to recommend approval of an Interim Use Permit to allow outdoor storage of tenant vehicles located at 3265 Northwood Circle, legally described as Lot 1, Block 1, Northwood Business Park 3`d Addition, subject to the following conditions: 1. The Interim Use Permit (IUP) 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 permit shall terminate in six years (August 31, 2015) and this IUP shall supersede the current IUP in place. 3. The Interim Use Permit shall be subject to administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. The outdoor storage shall occur in the designated storage areas as indicated on the Site Plan received September 3, 2009_ 5. Storage is permitted for four blood mobiles that are 40 feet in length, twelve cut -away vans and sixteen mobile vans that are 24 feet in length for outdoor storage associated with this IUP. 6. Storage is also permitted for four buses that are 25 feet in length and one van for outdoor storage associated with this IUP. Chair Chavez stated 12 years is not temporary, although he understands the situation. He stated he is concerned for the precedent being set by granting approval of the Interim Use Permit. A vote was taken. Aye: Members Daley, Heaney, Keeley, and Filipi. Nay: Chair Chavez Motion carried: 4-1. kc6-- PLANNING REPORT CITY OF EAGAN REPORT DATE: September 16, 2009 CASE: 10-1N-04-08-09 APPLICANT: Lisa Borene HEARING DATE: September 22, 2009 PROPERTY OWNER: Northwood Equity LLC APPLICATION DATE: August 19, 2009 REQUEST: Interim Use Permit PREPARED BY: Sarah Thomas LOCATION: 3265 Northwood Circle COMPREHENSIVE PLAN: SA, Special Area 4 ZONING: BP, Business Park SUMMARY OF REQUEST The applicant is requesting an Interim Use Permit to allow outdoor storage of tenant vehicles located at 3265 Northwood Circle, legally described as Lot 1, Block 1, Northwood Business Park 3rd Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 6 states: The Council may issue interim use permits for an interim use of property if: A. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the bulk and performance standards of the zoning regulations herein; B. The date or event that will terminate the use can be identified with certainty; C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and D. The user agrees to any conditions that the Council deems appropriate for permission of the use; and E. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. Planning Report — Northwood Business Park September 22, 2009 Page 2 F. The city determines that the property is in compliance with City Code. 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: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. 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. D. 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. E. 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. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. H. 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. 1497 Planning Report — Northwood Business Park September 22, 2009 Page 3 BACKGROUND/HISTORY The subject property is part of the Northwood Business Park 3nd Addition. The property is considered Northwood Business Park Phase II and is zoned Business Park (BP). The BP zoning district prohibits outdoor storage. Northwood Equity received approval to store 106 vehicles (trucks, vans, bloodmobiles, etc...) via an Interim Use Permit in May, 2003. The permit was valid for a two year period and in 2007 they received approval of an Interim Use Permit to extend the term until July 31, 2012 to coincide with the tenants lease. Since the original approval of the Interim Use Permit, the amount of vehicles being stored outdoors has decreased by over half. The specific numbers are described later this report. Two tenants have a need for outdoor storage, Midwest Special Services, whose current lease expires on April 30, 2014 and the American Red Cross, whose lease expires on August 31, 2010. The applicant proposes an extension of the current IUP to August 31, 2015, in order to negotiate a lease renewal with the American Red Cross. EXISTING CONDITIONS The existing 47,635 square foot building was built in 2001. The building is used as office/warehouse space for three tenants; American Red Cross, Midwest Special Services and Cost, Planning, Management International Inc. There is also vacant space for lease. There are currently vehicles being stored on site during the day and overnight. To screen the vehicles, a fence was constructed on the east side of the parking lot which screens the vehicles from Northwood Circle. The vehicles are not visible from Lexington Avenue or Northwood Parkway. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Compatibility with Surrounding Area — This property is somewhat secluded and is immediately surrounded by similar uses. Home Depot to the west of this site has outdoor storage of Jog Existing Use Zoning Land Use Designation North USPS Bulk Mail Facility I-1, Limited Industrial IND, Industrial South Office BP, Business Park SA, Special Area East Vacant BP, Business Park SA, Special Area West Commercial/warehouse Home Depot PD, Planned Development SA, Special Area EVALUATION OF REQUEST Compatibility with Surrounding Area — This property is somewhat secluded and is immediately surrounded by similar uses. Home Depot to the west of this site has outdoor storage of Jog Planning Report — Northwood Business Park September 22, 2009 Page 4 merchandise in a fenced in area. The applicant is proposing to park and store vehicles in the parking lot, which will represent the only outside storage associated with this property. City policy makers will need to determine the compatibility with the surrounding area on a temporary basis. Site Plan — The Site Plan indicates the vehicles for storage will be parked on the north side of the property, behind the building as well as on the east side, adjacent to the side of the building. American Red Cross requests 32 parking spaces for their various vehicles. They will need four spaces for their 40 -foot bloodmobiles, twelve spaces for their cut -away vans and sixteen spaces for their 24 -foot vans. Midwest Special Services requests five parking spaces, four for their 25 -foot buses and one for their van. After the outdoor storage spaces are calculated that leaves 165 parking stalls to accommodate the other parking. Overall the site contains 207 parking stalls. Existing IUP # of Vans Pro i osed # of Vans IUP Midwest Special Services 3 buses 25' 1 van Midwest Special Services 4 buses 25' 1 van Sub -Total 4 Sub -Total 5 American Red Cross 3 Bloodmobiles 40' 9 Cut -Away vans 6 Mobile 24' vans 20 vans American Red Cross 4 Bloodmobiles 40' 12 Cut -Away vans 16 Mobile 24' vans Sub -Total 38 Vehicles Sub -Total 32 Vehicles TOTAL 42 Vehicles TOTAL 37 Vehicles Landscaping — The site contains some existing, mature landscaping and no additional landscaping is proposed. Outdoor Storage — In addition to the requirements for a conditional use permit listed above, City Code Section 11.70 lists performance standards for outdoor storage as follows: 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In General Business (GB) and Community Shopping Center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In Limited Industrial (I-1) and General Industrial (I-2) zoning districts, the enclosure may be detached from the principal building. The proposed storage area is not enclosed. The proposed items to be stored outside are various vehicles and it does not appear necessary to store them in an enclosure; considering the vehicles will be in and out of the lot on a daily basis. ��q Planning Report — Northwood Business Park September 22, 2009 Page 5 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 proposed storage area is located on the north (rear) side of the property. The proposed area does not encroach into any required front building setback area or other 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 proposed storage area is screened from the public right-of-way by the existing building as well as a fence on the east side. The storage area is not adjacent to property designated for residential uses. There is existing landscaping to the east and west that provides screening. 4. The storage area shall not interfere with any pedestrian or vehicular movement. The storage area is located to the rear of the property occupying parking stalls and does not appear to interfere with pedestrian or vehicular movement. 5. The storage area shall not take up required parking spaces or landscaping areas. Phase II of Northwood Business Park was approved with 207 parking stalls. The parking is shared by all tenants except the designated outdoor storage area. American Red Cross proposes to occupy 32 parking stalls with their outdoor storage vehicle parking and Midwest Special Services proposed to occupy 5 parking stalls with their outdoor storage vehicle parking, leaving 170 unoccupied parking stalls. The vehicles will not always be parked or stored during business hours, which will also free up parking. 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 areas proposed for vehicle storage are paved and no new grading is proposed. SUMMARY/CONCLUSION The applicant is requesting approval of an Interim Use Permit (IUP) for the outdoor storage of up to 37 tenant vehicles (vans, buses and bloodmobiles) until August 31, 2015, a three year extension from the current approved term. This extension would allow lease negotiations with the American Red Cross. The proposed outdoor storage occurs on the side and rear yards of the property and outdoor storage requirements appear to be met as proposed. The subject site is zoned Business Park and outdoor storage is prohibited in this zoning district. The request does not meet one of the standards for outdoor storage in that the storage area takes up required parking spaces. The subject site is in an isolated location and the proposed outdoor storage appears to have little, if any, visibility from off the applicant's property. Two former Interim Use Permits have been granted to the site; the first for a two year term and the second (current) for a five year term. 177 Planning Report — Northwood Business Park September 22, 2009 Page 6 Lastly, City staff requested the applicant provide an exit strategy for the non-compliant situation when the current IUP was approved and the applicant stated they would have to terminate the leases if the outdoor storage was not permitted. The suitability of the storage and the proposed term extension shall be determined by City officials. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit to allow outdoor storage of tenant vehicles located at 3265 Northwood Circle, legally described as Lot 1, Block 1, Northwood Business Park 3rd Addition. 1. The Interim Use Permit (IUP) 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 permit shall terminate in six years (August 31, 2015) and this IUP shall supersede the current IUP in place. 3. The Interim Use Permit shall be subject to administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. The outdoor storage shall occur in the designated storage areas as indicated on the Site Plan received September 3, 2009. 5. Storage is permitted for four blood mobiles that are 40 feet in length, twelve cut -away vans and sixteen mobile vans that are 24 feet in length for outdoor storage associated with this IUP. 6. Storage is also permitted for four buses that are 25 feet in length and one van for outdoor storage associated with this IUP. 171 Location Map I I 1 I Eagan Boundary Right-of-way Parcel Area Park Area Building Footprint 1000 0 1000 2000 Feet Development/Developer: Northwood Business Park Application: Interim Use Permit Case No.: 10 -IN -04-08-09 City of kali Community Development Department THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. W+' E Current Zoning and Comprehensive Guide Plan Land Use Map Northwood Business Park Interim Use Permit 1O -IN -04-08-09 Zoning Map Current Zoning: I-1 Limited Industrial 600 0 600 1200 F..t BP f aG LS I PD UNTY ROAD N0.28 (YANKEE DOODLE ROAD) CAUL -7-r-R PD 111 City of Eau X73 Parcel base map Information provided by Dakota County Land Survey Department Deember 2005. Zoning information maintained by City StaV, THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. W N S E - COUNTY ROAD NO.43 (LEXINGTON AVE.)_ Comprehensive Guide Plan BP •'--E - lI Land Use Map . D IND ND Current Land Use Designation: Mo.,.an". P iilmli Locatio IND Limited Industrial SA-il ll e t ;e m, Iti :0UNTY ROAD N0.20 (YANKEE DOODLE ROAD) 2 i d SA -3 E Er 6 III HD 600 0 600 1200 Foot W , 1 I...1e. 1 ` 111 iii��� _� — City of Eau X73 Parcel base map Information provided by Dakota County Land Survey Department Deember 2005. Zoning information maintained by City StaV, THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. W N S E 14 SITE PLAN z P e. N m U( STALLS FOR NORTNW000 BUSINESS PA REMAINING STALLS AVAILABLE + 25 00000 AMERICAN RED CROSS (12 - 24' 991451 I116✓3: :SI 9D mm m 31 V1Z N 4.1 .0-29 HE= I IDL ::J1+ 1111 P°'+i° "4� 71 Q2 L1 �^o -r s x RECEIVED SEP 0 2 2009 DATE: August 31, 2009 TO: Eagan Planning Commission Eagan City Council FROM: Jim Ostenson, Owner of Northwood Equity LLC Lisa Borene, Property Manager - Paramount Real Estate RE: Interim Use Permit Zoning Business Park Request We would like to request a new five year Interim Use Permit for two tenants that park vehicles overnight on the property. Both the owner and tenants have invested significant amounts of money into their spaces and would like to remain on the leased premises. Both tenants really enjoy doing business in the city of Eagan and have a strong desire to stay at Northwood Business Center. The Red Cross' lease term is up for renewal in the next year. Their ability to renew their lease is dependent on obtaining the Interim Use Permit. We would like to request a five year permit that will expire August 31, 2015. The table below shows we have reduced the overnight vehicle parking figures by well over half from the original request, and we are again asking for a reduction in the numbers; however some outdoor storage remains necessary for these tenant's business operations. Tenant Original IUP (# of Current IUP (# of Proposed (# of vehicles Vehicles vehicles Midwest Special Services 8 vans 4-25' Buses 1 van 4-25' Buses 1 Van American Red Cross 4-40' bloodmobiles 15 — 32' trucks 30 vans 49 cars 3-40' Bloodmobiles 9- Cutaway vans 6-24' Vans 20 vans 4-40' Bloodmobile Buses 12 -Cutaway Vans 16- 24'Vans TOTAL VEHICLES 106 Vehicles 42 Vehicles 37 Vehicles To further restrict the view of any vehicles, a fence was constructed at the east side of the parking lot which along with the dense woods and shrubs screens the vehicles from anyone that would drive up Northwood Circle. The cars and vans are not visible from people driving by on Lexington Avenue or Northwood Parkway. With the new reduced counts, all 37 vehicles could easily be parked behind the building. It is our understanding that the City has not received any complaints regarding this issue. The other tenants that occupy the two business parks do not have any issues with the overnight parking. Exit Strategy At this point in time, it is imperative for both companies to have overnight parking at this facility. Midwest Special Services provides transportation and education for disabled adults with specialized vans. The Lo American Red Cross stores all supplies and vehicles they need to facilitate blood drives in and around the metro area. The current lease term for Midwest Special Services expires April 30, 2014 and the American Red Cross term expires August 31, 2010. They would like to renew for another five years provided they are allowed to store the above referenced vehicles overnight and outside. We have been working hard to maintain our tenancy at Northwood Business Park, and are very fortunate to have these two community enriching tenants wanting to remain at our Northwood Business Park in the city of Eagan. These are both very unique users as they require either loading dock space or bus service. Unfortunately it is not as black and white as office or warehouse user. The Red Cross uses their office space for occasional training classes and team meetings/educational meetings so them finding a strictly warehouse space would not be a good fit for them. The current mix of office and warehouse suits Red Cross well. Midwest Special Services also is a great fit for a business park/office use. They have no warehouse needs, but have outdoor storage of a maximum of five buses for client transportation due to the client's inability to drive. We would like to be able to accommodate both tenants; however, terminating both leases would be the only exit strategy at this point. Existing Land Uses American Red Cross is the main tenant in this building which requires temporary outdoor storage of bloodmobiles and related vehicles which serve the needs of communities throughout the metro area. Cost, Planning, Management International Inc. is the newest tenant which has about twelve employees. They do project management on a contract basis and use this office for their office work only. The majority of their time is spent out of the office on a job site so on an average day they have approximately four to ten cars parked in the front lot. The third tenant in this building is Midwest Special Services. MWSS is a provider of vocational and day training services for adults with disabilities. Buses are used to transport these adults to and from the facility. Their entrance is at the NW corner of the property; the bus drops them at the door and either exits NW bound or to the NE and continues on behind the loading dock areas. This is the most straight forward route for the buses and there have been no complaints about ingress/egress here. Between staff and visitors they use up to 15 parking spaces on any given day. There is one remaining vacancy which will also be an office -user. The proposed storage locations per the proposed plans have been in use for at least two years now and work and flow well within the business park. As stated above, a wood fence was constructed to screen the bloodmobiles from any view to the East. The fence may be visible in the winter, but is not in the summer. (Photo 1 attached) Vehicles parked on the East and North side are not visible from the traffic on the street. Moving any of these parked vehicles to the NW corner would inhibit the MWSS bus traffic. If a bus driver has a short wait time they will occasionally park in the NW corner. Seeing vehicles parked outside of a loading dock is very typical which is why the North and East make this the ideal location, in addition to facing the newly zoned postal bulk mail facility. Surrounding Land Uses Northwood Business Center presently contains two office/warehouse buildings and could, potentially contain two more buildings totaling 160,000 square feet of space in the business park. To the west about 300 feet, Home Depot occupies almost 20 acres. On the north separated by a 200-400 foot buffer is the US Postal Service bulk mail facility which has been re -zoned Tight industrial and is currently under construction. It is our understanding there will be significant traffic along this North side. Lexington Avenue is on the east and Northwood Parkway has a new dental facility directly to the South. There are no residential uses within view or in close proximity to this property. Agenda Memo October 6, 2009 City Council Meeting NEW BUSINESS E. ORDINANCE AMENDMENT - An Amendment to Chapter 6.39 regarding massage therapy licensing. ACTION TO BE CONSIDERED: Approve an Ordinance amending Eagan City Code Chapter 6 entitled "Other Business Regulation and Licensing by amending Section 6.39 regarding massage therapy licensing. FACTS: • The City Council directed staff to draft this ordinance amendment at their September 1, 2009 City Council meeting. • 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. ATTACHMENTS: • A copy of the draft ordinance amendment is attached as pages 1�8 through/0 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY AMENDING SECTION 6.39 REGARDING MASSAGE THERAPY LICENSING; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Six is hereby amended by revising Section 6.39, Subd. 5, to read as follows: Sec. 6.39. Massage Therapy Establishment and Massage Therapist Licenses. Subd. S. Massage Therapist License. E. Exception. A massage therapist license shall not be required for a massage therapist if the therapist is working for, or an employee of, a medical professional licensed under Minnesota Statutes Chapter 147 or 148; or any student of massage therapy meeting the definition as set forth herein, provided: (1) The massage therapy is provided during and as part of a course or clinical component of the school's program or course work; and (2) The massage therapy student is supervised by an instructor while providing or performing massage therapy services. A notice, which advises the public that the person who may provide massage therapy services is a student of massage therapy and is not licensed by the city, shall be posted in a conspicuous location in the room in which the massage therapy is provided. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 6.99, 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. 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: