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10/20/2009 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING OCTOBER 20, 2009 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS . A. Oath of Office for Police Officers Lindsay Granger and Luke Nelson IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) i 3 A. APPROVE MINUTES (I B. PERSONNEL ITEMS 'ia C. APPROVE Check Registers P13 D. ACCEPT a $3,000 grant from the University of Minnesota School of Design through the Designing for a Lifetime: Community Strategies Program CIS- E. ACCEPT a $100 check from Residential Mortgage Group PI SFF. APPROVE a Resolution Declaring Official Reimbursement Intent — Fire Safety Center Financing (7G. APPROVE a Resolution Amending the Terms of a Revolving Internal Loan in Connection with TIF District No. 1 (Cedar Grove Redevelopment) P It H. APPROVE change in management on the on -sale liquor license at Joe Senser's of Eagan, Inc. dba Joe Senser's Sports Grill & Bar, 3010 Eagandale Place e bi. APPROVE Final Payment, Contract 09-10 (Rahncliffe / Cliff Lake Road / Rahn Road / Yankee Doodle Road, p West of Highway 13 and Yankee Drive 1.a) J. RECEIVE Final Assessment Roll and schedule public hearing (November 17, 2009) for Project 964 (Yankee pp Doodle Road, West of Highway 13 and Yankee Drive) T. K. RECEIVE Final Assessment Roll and Schedule Public Haring (November 17, 2009) for Project 981 (Rahncliffe / Cliff Lake Road / Rahn Road) P a3 L. APPROVE Change Order No. 3, Contract 09-12, Diffley Road and Rahn Road Pai-M. ACCEPT a donation from the Eagan Hockey Association and the EHS Hockey Booster Club for the purchase and installation of a sound system in the east and west civic arenas. i N. APPROVE Final Payment for Contract 09-09 (Citywide Sanitary Sewer Lining) P apo. APPROVE Tree Contractor License for R. D. & Associates Specialized Services V. PUBLIC HEARINGS e:Dafi ci A. PROJECT 972, (Lone Oak / Waters Area — Street Improvements) — Final Assessment Hearing ( B. PROJECT 976, (Avalon / Burnside — Street Improvements) — Final Assessment Hearing ZP C. PROJECT 977, (Robin Lane — Street Improvements) — Final Assessment Hearing PSVT D. PROJECT 978, (Eagandale / LeMay Lake — Street Improvements) — Final Assessment Hearing Q. jp4, E. PROJECT 979, (LeMay Lake / Lunka — Street Improvements) — Final Assessment Hearing p740F. PROJECT 1001 (Opperman Drive — Street Improvements) — Final Assessment Hearing VI. BOARD OF ADJUSTMENTS AND APPEALS eve A. Determination of whether to schedule a hearing to consider appeal of City staff decision regarding a Conditional Use Permit for 3206 Sibley Memorial Highway. VII. OLD BUSINESS VIII. NEW BUSINESS IX. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE X. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPT AGENDA f2((g C. CONSENT AGENDA 1. Approve Minutes D. OLD BUSINESS E. NEW BUSINESS Qlaa 1. CEDAR GROVE REDEVELOPMENT DISTRICT — Consider Revision of Development Agreement with Lennar for Nicols Ridge Project F. OTHER BUSINESS G. ADJOURN XI. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. CLOSED SESSION XIV. ADJOURNMENT 41° City of Ea�ali Yeo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 16, 2009 SUBJECT: AGENDA INFORMATION FOR OCTOBER 20, 2009 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the October 20, 2009 City Council agenda, the following items are in order for consideration. Consent Agenda Information Memo October 20, 2009 Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS Swearing in of New Police Officers FACTS: Police Chief McDonald will introduce new Police Officers Lindsay Granger and Luke Nelson to the Council and community. After a brief introduction, they will be administered the oath of office by Deputy Clerk, Mira Pepper. Officer Granger and Officer Nelson began employment on September 14, 2009. Agenda Information Memo October 20, 2009 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the October 6, 2009 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the October 6, 2009 regular City Council meeting are enclosed on pages 1 through / 0 . 3 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 6, 2009 DRA 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 Droste, Rosemount Mayor, presented the traveling trophy for the Northern Star Award trap shooting contest. A regular meeting of the Eagan City Council was held on Tuesday, October 6, 2009 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Tilley, Bakken, Fields and Hansen. 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 that an item is being added under Recognitions and two items are being added to the consent agenda as items BB and CC. He also noted that a closed session would be held regarding the Lennar settlement, and the Nelson, Shaddock and Foss assessment. Councilmember moved, Councilmember seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS Rosemount Mayor Bill Droste, who attended the Listening Session to present the traveling trophy to Eagan for the Northern Star Award trap shooting contest was acknowledged. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the September 15, 2009 regular City Council meeting, the August 11, 2009 Special City Council meeting, the September 8, 2009 Special City Council meeting, and the September 22, 2009 Special City Council Retreat as presented. B. Personnel Items. 1. It was recommended to accept the letter of resignation from Matthew Mack, Manager -on -Duty at the Community Center. 2. It was recommended to formally discontinue consideration of the Voluntary Early Retirement/Separation Package/Program. C. It was recommended to ratify check registers dated September 10, 2009, September 17, 2009 and September 24, 2009 as presented. D. It was recommended to set a public hearing for November 5, 2009 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. E. It was recommended to set a public hearing for November 5, 2009 to consider the final assessment of the delinquent weed cutting bills and certify them to Dakota County for collection with property taxes. F. It was recommended to set a public hearing for November 5, 2009 to consider the final assessment of the delinquent board up bill and certify it to Dakota County for collection with property taxes. G. It was recommended to set a public hearing for November 5, 2009 to consider the final assessment of the delinquent refuse removal bills and certify them to Dakota County for collection with property taxes. H. It was recommended to set a public hearing for November 5, 2009 to consider the final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. City Council Minutes October 6, 2009 Page 2 I. It was recommended to approve a change in management on the on -sale liquor license for Granite City Food & Brewery located at 3330 Pilot Knob Road. J. It was recommended 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. K. It was recommended to approve a resolution requesting distribution of Eagan share of DCC undesignated fund balance by check. L. It was recommended to make a determination that no action is necessary on a resolution to discontinue the Southeast Eagan TIF District. M. It was recommended to 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. N. It was recommended to 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. O. It was recommended to receive the Final Assessment Roll for Project 974 (Federal Drive / Washington Drive / 81st Street — Street Improvements) and schedule a pubic hearing to be held on November 5, 2009. P. It was recommended to receive the Final Assessment Roll for Project 975 (Marice Drive / Sherman Court — Street Improvements) and schedule a public hearing to be held on November 5, 2009. Q. It was recommended to receive the Final Assessment Roll for Project 1006 (knoll Ridge Drive — Street Improvements) and schedule a public hearing to be held on November 5, 2009. R. It was recommended to receive the Duckwood Drive Overpass Traffic Study including recommended geometric layout; and, Authorize solicitation of proposals to prepare detailed plans and specifications for Contract 09-18 (Duckwood Drive / Federal Drive — Bridge/Street Improvement); and approve Federal Funding Agreement for final design services and authorize the Mayor and City Clerk to execute all related documents. S. It was recommended to 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. T. It was recommended to 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. U. It was recommended to 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. V. It was recommended to receive the petition to vacate public drainage and 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. W. It was recommended 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. X. It was recommended to approve an 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. Y. It was recommended to approve the amendment to the original tower lease termination agreement with Pinnacle Properties to provide for a 30 -day extension. Z. It was recommended to 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. AA. It was recommended to 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. BB. It was recommended to approve a change in date for the first regular City Council meeting in November from Tuesday, November 2, 2009 to Thursday, November 5, 2009. City Council Minutes October 6, 2009 Page 3 DR 4 Fr CC. It was recommended to approve the settlement agreement and mutual release between Comcast Corporation and the City of Eagan. PUBLIC HEARINGS PROJECT 982, ST. FRANCIS WOODS ADDITION STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 982, St. Francis Woods Addition street overlay improvements. 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 Fields moved, Councilmember Bakken seconded a motion to close the public hearing and approve the Final Assessment Roll for Project 982 (St. Francis Woods Addition — Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 1002, PINECREST OF EAGAN ADDITION STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 1002, Pinecrest of Eagan Addition street overlay improvements. 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 Tilley moved, Councilmember Hansen seconded a motion to close the public hearing and approve the final assessment roll for Project 1002 (Pinecrest of Eagan Addition — Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 973, WINDTREE ADDITION STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 973, Windtree Addition, street overlay improvements. 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 Fields seconded a motion to approve the final assessment roll for Project 973 (Windtree Addition — Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 City Council Minutes October 6, 2009 Page 4 PROJECT 980, HAMPTON HEIGHTS / STONEY POINT / BLACKHAWK GLEN ADDITION STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 980, Hampton Heights / Stoney Point / Blackhawk Glen Addition — street overlay improvements. 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 Hansen moved, Councilmember Fields seconded a motion to 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. Aye: 5 Nay: 0 PROJECT 1000, GRACE DRIVE STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 1000, Grace Drive street overlay improvements. 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 Tilley moved, Councilmember Hansen seconded a motion to approve the Final Assessment Roll for Project 1000 (Grace Drive — Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 1003, BLUE GENTIAN ROAD STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 1003 (Blue Gentian Road — street overlay improvements. 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 Fields moved, Councilmember Bakken seconded a motion to approve the final assessment roll for Project 1003 (Blue Gentian Road — Street Overlay Improvements and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 There were no Old Business items. OLD BUSINESS NEW BUSINESS LIQUOR LICENSE REVOCATION HEARING It was noted that requirements have been met in regard to the liquor license in question. i City Council Minutes October 6, 2009 Page 5 Councilmember Fields moved, Councilmember Tilley seconded a motion to remove the liquor license revocation hearing for MT Liquory of Eagan from the agenda. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT — SCHAD TRACY SIGNS City Administrator Hedges introduced this item regarding a request for a conditional use permit to permit a pylon sign on property located at 1570 Yankee Doodle Road. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion 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 2" Addition, subject to the following conditions: Aye: 5 Nay: 0 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. CONDITIONAL USE PERMIT AND FINAL PLAT (HEDDEN EAST) HEDDEN ST. PAUL PROPERTIES City Administrator Hedges introduced this item regarding a final plat (Hedden East) to create one lot on approximately 2.3 acres and a request for a conditional use permit for the outdoor storage of up to 21 vehicles, located at 3205 Mike Collins Drive. City Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Final Plat (Hedden East) to create one lot on approximately 2.3 acres located at 3205 Mike Collins Drive. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve 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 following conditions: Aye: 5 Nay: 0 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 pubic right-of-way per the site pain received September 1, 2009. F City Council Minutes October 6, 2009 Page 6 RAFT 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. INTERIM USE PERMIT — NORTHWOOD EQUITY LLC City Administrator Hedges introduced this item regarding an interim use permit to allow outdoor storage of 37 vehicles (buses, vans and bloodmobiles) on property located at 3265 Northwood Circle. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve 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 2nd Addition, subject to the following conditions: Aye: 5 Nay: 0 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. ORDINANCE AMENDMENT City Administrator Hedges discussed a proposed amendment to the City Code, Chapter 6.39 regarding massage therapy licensing. He noted that the change is a result of a recent revision to Minnesota State Statute 471.709 which prohibits municipalities from requiring massage therapists to be licensed if they are employed by a medical professional. Councilmember Hansen moved, Councilmember Tilley seconded a motion to adopt an ordinance amendment to Eagan City Code Chapter 6 entitled "Other Business Regulation and Licensing by amending Section 6.39 regarding massage therapy licensing. Aye: 4 Nay: 1 Councilmember Bakken opposed. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. There were no items requiring action. ADMINISTRATIVE AGENDA 9 City Council Minutes October 6, 2009 Page 7 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Bakken seconded a motion to adjourn into a closed session at 7:15 p.m. Date Administrative Secretary / Deputy Clerk Jo Agenda Information Memo October 20, 2009 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Part-time Ice Skating Instructor -- ACTION TO BE CONSIDERED: To approve the hiring Kristen Leppones as a part-time ice skating instructor. Item 2. Part-time Overnight Custodian/Community Center -- ACTION TO BE CONSIDERED: To approve the hiring of Porter King as a part-time overnight custodian at the Community Center. Agenda Information Memo October 20, 2009 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated October 1, 2009 and October 8, 2009 as presented. ATTACHMENTS: • Check registers dated October 1, 2009 and October 8, 2009 are enclosed without page number. Ca Agenda Information Memo October 20, 2009 City Council Meeting D. ACCEPT A $3,000 GRANT FROM THE UNIVERSITY OF MINNESOTA SCHOOL OF DESIGN THROUGH THE DESIGNING FOR A LIFETIME: COMMUNITY STRATEGIES PROGRAM ACTION TO BE CONSIDERED: To accept a $3,000 grant from the University of Minnesota School of Design through the Designing for a Lifetime: Community Strategies Program FACTS: • In September, the City of Eagan participated in the University of Minnesota School of Design's Community Strategies Program. • Through the program, a 4 -person team from the City of Eagan toured the City of Woodbury to provide a first impression assessment of how the community would be perceived by mature adults (55+). A team from Woodbury did the same in the City of Eagan. • Eagan's team included Councilmember Hansen, DCR Chamber Director Batulis, Assistant to the City Administrator Miller, and Director of Community Development Hohenstein. • Following the assessments, the two community teams met at Eagan City Hall on September 18 to present their findings to one another. • As a participant in the Community Strategies Program, the City was eligible to receive a $3,000 grant to be used toward an improvement that would benefit the aging population. It was strongly suggested to use the funding towards an improvement identified through the assessment. • Per the recommendation of the Woodbury team, the City of Eagan is proposing to allocate the $3,000 towards a pedestrian "countdown" signal at the new traffic signal being installed at Yankee Doodle Road and Promenade Avenue in 2011. • It was at this intersection that the Woodbury team tried to cross Yankee Doodle; however, due to some participants' limited physical abilities, they did not feel comfortable crossing out of fear that they would not have adequate time, which is a concern often expressed universally by the senior population when trying to cross busy county roads. • The City of Woodbury is electing to use their grant funding towards City Website improvements that emulate Dakota County's Simple Steps Program to better communicate to residents the trail opportunities across the City. ATTACHMENTS' • There are no attachments. 3 Consent Agenda Information Memo October 20, 2009, Eagan City Council Meeting CONSENT AGENDA E. Accept a $100.00 donation from Residential Mortgage Group (RMG). ACTION TO BE CONSIDERED: To approve acceptance of a $100.00 donation from the Residential Mortgage Group. FACTS: • Recently, the police department received a $100.00 donation from RMG. • Correspondence attached to the donation indicates RMG is a mortgage company that issues loans to residential customers. • RMG closed on a loan with an Eagan Homeowner. • Through a charitable program, RMG asks the homeowner to designate a school or public safety organization to receive up to $100.00. • The donors, Kendra and Joseph Olive, asked that $100.00 be donated to the Eagan Police Department. Chief McDonald will be forwarding the Olives a letter thanking them for the donation. • Previous donations to the police department have been used to purchase equipment, provide additional staff training, or support the department's Chaplain and Explorer Programs. NO ATTACHMENTS: Agenda Information Memo October 20, 2009 Eagan City Council Meeting F. APPROVE RESOLUTION DECLARING OFFICIAL REIMBURSEMENT INTENT - FIRE SAFETY CENTER FINANCING ACTION TO BE CONSIDERED: To approve a resolution declaring official reimbursement intent — Fire Safety Center financing. FACTS: • The City Council has authorized the expenditure of public funds for the purpose of land acquisition and preparation and construction of a Fire Safety Center. • It is expected that one component of the final financing package for the Fire Safety Center will be the sale of Capital Improvement Bonds as provided for in Minnesota Statutes. The bonds would likely be sold as tax exempt securities at a later date; that being after the final financing package is determined and approved. • Federal IRS regulations require approval of a resolution declaring the intent to issue tax exempt debt on a reimbursement basis for expenditures that have already been made. ATTACHMENTS: • Enclosed on page %(p is a copy of the resolution declaring official reimbursement intent. /s CITY OF EAGAN RESOLUTION A RESOLUTION DECLARING OFFICIAL REIMBURSEMENT INTENT WHEREAS, the Eagan City Council has approved the expenditure of public funds for the purpose of land acquisition and preparation and construction of a Fire Safety Center, part of which will subsequently be funded through the sale of Capital Improvement Bonds as provided for by Minnesota Statutes Section 475.521; and WHEREAS, it is reasonably expected that, prior to the issuance of the Capital Improvement Bonds, the reasonably expected source of funds to be used to pay the expenditures is the Common Investment Trust Fund; and WHEREAS, the City presently intends to reimburse the above described expenditures with the proceeds of tax exempt Capital Improvement Bonds to be issued pursuant to Minnesota Statutes, Chapter 475.521. It is reasonably expected that the source of funds to be used to pay debt service on the reimbursement bonds is taxes; and WHEREAS, this declaration is made pursuant to the applicable IRS regulation which is under Treasury Regulations Section 1.130-18. NOW, THEREFORE, BE IT RESOLVED the City Council of Eagan declares its present intent to reimburse the expenditures for certain Fire Safety Center land acquisition and preparation and construction costs with the proceeds of tax exempt Capital Improvement Bonds. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: October 20, 2009 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 20th day of October, 2009. Maria Petersen, Clerk fly Agenda Information Memo October 20, 2009 Eagan City Council Meeting G. APPROVE RESOLUTION AMENDING THE TERMS OF A REVOLVING INTERNAL LOAN IN CONNECTION WITH TIF DISTRICT NO. 1 (CEDAR GROVE REDEVELOPMENT) ACTION TO BE CONSIDERED: To approve a resolution amending the terms of a revolving internal loan in connection with TIF District No. 1 (Cedar Grove Redevelopment). FACTS: • On November 7, 2002 the City Council adopted a resolution approving the terms of a revolving internal loan in connection with the Cedar Grove TIF. • At the time the resolution was approved it was expected that the development partner would be responsible for the cost of acquiring the property for redevelopment and the City would not incur the acquisition and carrying costs. Further it was assumed that redevelopment would proceed on a much faster timetable than has turned out to be the case due primarily to economic circumstances. • One of the terms of the internal loan states that "The maximum amount that may be outstanding at any point in time is $20,000,000". Given the circumstances and to be in compliance with the requirements of the State Auditor, this amount should be increased to $40,000,000. • Since nearly all property has been acquired, additional City investment should be limited to redevelopment activities. Current and future development will provide tax increment which will be used to repay this loan. • The dollars advanced to this TIF fund are borrowed from other City funds and interest is paid as if the money were invested in outside securities. ATTACHMENTS: • Enclosed on page fe is a copy of the amending resolution. '7 CITY OF EAGAN RESOLUTION A RESOLUTION AMENDING THE TERMS OF A REVOLVING INTERNAL LOAN IN CONNECTION WITH TIF DISTRICT NO. 1 (CEDAR GROVE REDEVELOPMENT) WHEREAS, the Eagan City Council adopted Resolution No. 02-86 on November 7, 2002, approving the terms of a revolving internal loan in connection with TIF District No. 1 (Cedar Grove Redevelopment); and WHEREAS, circumstances including but not limited to acquisition of property have changed and it has been necessary for the City to expend more funds than contemplated in 2002; and WHEREAS, economic conditions have caused a slowdown in redevelopment activity causing the property to be held in inventory longer than originally expected; and WHEREAS, it will be necessary for the City to expend additional funds subject to the terms of this revolving internal loan. NOW, THEREFORE, BE IT RESOLVED the term of the TIF Loan included in Resolution No. 02-86 authorizing a maximum amount that may be outstanding at any point in time of $20,000,000 is hereby amended to state $40,000,000. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: October 20, 2009 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 20th day of October, 2009. Maria Petersen, Clerk l� Agenda Information Memo October 20, 2009, Eagan City Council Meeting H. APPROVE CHANGE IN MANAGEMENT ON THE ON -SALE LIQUOR LICENSE AT JOE SENSER'S OF EAGAN, INC. DBA JOE SENSER'S SPORTS GRILL & BAR, 3010 EAGANDALE PLACE ACTION TO BE CONSIDERED: To approve a change in management on the on -sale liquor license for Joe Senser's Sports Grill & Bar located at 3010 Eagandale Place. FACTS: ➢ A change in management has occurred at the above referenced location. The new manager of Joe Senser's, Andrew Jung, 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 20, 2009 Eagan City Council Meeting I. CONTRACT 09-10, RAHNCLIFF ROAD/ CLIFF LAKE ROAD/ RAHN ROAD/ YANKEE DOODLE ROAD/ YANKEE DRIVE - STREET OVERLAYS ACTION TO BE CONSIDERED: Approve the final payment for Contract 09-10 (Rahncliffe/ Cliff Lake Road/ Rahn Road/ Yankee Doodle Road & Yankee Drive — Street Overlays) in the amount of $93,054.77 to McNamara Contracting, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 09-10 provided for the improvements of: o Yankee Doodle Road/ Yankee Drive (Street improvements, west of Highway 13, City Project 964) o Rahncliff Road/ Cliff Lake Road/ Rahn Road (Street & Landscape Median improvements, Project 981) • 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 20, 2009 Eagan City Council Meeting J. PROJECT 964, YANKEE DOODLE ROAD/ YANKEE DRIVE STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 964 (Yankee Doodle Road/ Yankee Drive — Street Improvements) and schedule a public hearing to be held on November 17, 2009. FACTS: • Project 964 provided for the street improvements of Yankee Doodle Road (west of Highway 13) and Yankee Drive in northwest Eagan. The street improvements were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 09-10, 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 to address any concerns. • The final assessments are approximately 22% less than the estimate contained in the feasibility report presented at the public hearing held on March 3, 2009 due to favorable bids received. Agenda Information Memo October 20, 2009 Eagan City Council Meeting K. PROJECT 981, RAHNCLIFF ROAD/ CLIFF LAKE ROAD/ RAHN ROAD STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 981 (Rahncliff Road/ Cliff Lake Road/ Rahn Road — Street Improvements) and schedule a public hearing to be held on November 17, 2009. FACTS: • Project 981 provided for the street improvements of Rahncliff Road/ Cliff Lake Road/ Rahn Road, and the median landscape improvements of Cliff Lake Road in southwest Eagan. The street improvements, and median landscape improvements as approved by the City Council, were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 09-10, 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 14% less than the estimate contained in the feasibility report presented at the public hearing held on March 3, 2009 due to favorable bids received. Agenda Information Memo October 20, 2009 Eagan City Council Meeting L. CONTRACT 09-12, DIFFLEY ROAD & RAHN ROAD — INTERSECTION/ROUNDABOUT IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 3 to Contract 09-12 (Diffley Road & Rahn Road — Intersection/Roundabout Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 09-12 provides for construction of a roundabout at the intersection of Diffley Road (County State Aid Highway 30) and Rahn Road, as well as the construction of a bituminous trail on the north side of Diffley Road from Rahn Road to Blackhawk Road. • On June 2, 2009, the City Council awarded Contract 09-12 for these improvements. • Change Order No. 3 provides for: o The extension of a light pole base to match the adjacent curb and gutter elevation (ADD $550.00). o The substitution and installation of 7 catch basin castings which include a curb inlet in concurrence with City standards (ADD $5,005.00). o The removal and replacement of concrete curb and gutter and 2 catch basin castings which include a curb inlet in concurrence with City standards (ADD $2,420.00). o The reconstruction of a storm manhole within the raised portion of the roundabout to match the new pavement elevation (ADD $3,520.00). o The reconstruction of a sanitary manhole to match the final pavement grade (ADD $1,540.00). o The installation of a 6" hydrant and rod extension to match the final grade (ADD $693.00). o The removal of epoxy pavement markings south of the project limits along Rahn Road to match the new pavement marking layout (ADD $532.40). • The change order provides for an estimated ADD of $14,260.40 (1.49% of original contract). In accordance with the project agreement between the City and Dakota County, the County will be responsible for 55% of the cost ($7,843.22) and the City will be responsible for 45% of the cost ($6,417.18). The City's cost of the additional work will be the responsibility of the City's Major Street Fund. • The change order has been reviewed by the City's Engineering Division and Dakota County and found to be in order for favorable Council action. a3 Agenda Memo October 20, 2009 Regular City Council Meeting M. ACCEPT a donation from the Eagan Hockey Association and the Boys EHS Hockey Booster Club for the purchase and installation of a sound system in the east and west civic arenas. ACTION TO BE CONSIDERED: Accept a donation from the EHA and the Boys EHS Hockey Booster Club for the purchase and installation of a sound system in the east and west civic arena at an approximate value of $37,000. FACTS: • Shortly after the Civic Arena opened in 1995 the youth hockey association raised money to purchase a simple and generic sound system that was installed in the arena. With the addition of the second sheet in 1998, some of the components were moved to the new arena with the west arena receiving minor upgrades to maintain a level of functionality with the existing sound system. • Based on a request in 2006 to see if the civic arena could be retrofitted to accommodate a national convention of men's choruses the city completed an acoustical study to determine the cost of acoustical and sound enhancements to accommodate concerts or public speaking. The results of that study proved cost prohibitive. The appropriate sound absorbing material necessary to reach the desired effect would cost approximately $180- 200,000 per arena. In addition the sound system was projected to cost $70,000 per arena. • During the past year the Eagan Hockey Association has worked with the EHS hockey boosters as well as other user groups to determine their interest in upgrading the Civic Arena's sound system. That interest was brought to staff for consideration and discussion. • After a great deal of creative thinking and planning the Eagan Hockey Association and EHS Boys Hockey Booster Club are proposing to purchase and donate a sound system to enhance both the west and east arenas. • The approximate value of this donation is $37,000 and will provide a sound system similar to one recently installed in the Eden Prairie arena. • The donors are well aware that the proposed system does not fully meet the parameters of the 2006 sound study but are confident that the enhanced sound will more than adequately meet the needs of the arenas spectators. • The primary funding will come from the gate proceeds of a game scheduled on December 8 at the Civic Arena when the EHS Boys hockey team will play the US Women's Olympic hockey team. Any shortfall of the $37,000 will be covered by the Eagan Hockey Association to ensure the success of this project. • It is hoped that the sound system will be installed in time for the December 8 game ATTACHMENTS: Letter from donors dated September 30, 2009 on Pag€C)1 — . Letter from donors dated October 14, 2009 on Pageo:(p ay Cherryl L Mesko Superintendent of Operations Eagan City Hall 3830 Pilot Knob Road Eagan Mn, 55122 Dear Cherryl, September 30, 2009 On behalf of the Eagan Hockey Association, the Figure Skating Club, and the Booster Clubs of the Boys and Girls Eagan High School Hockey teams, I want to thank you and your staff for taking the time in reviewing and listening to our ideas about the sound system enhancement for the West and East rinks of the Eagan Civic Arena. We do value our relationship with the city and feel very fortunate to have such a fine facility to call home, however we feel it is time to enhance the arenas and the sound system is on the top of our list. As you know this subject has been talked about much in the past and unfortunately has not progressed to a point where we had a chance to get this accomplished. I am very pleased and excited to share with you some recent developments that I feel will make the sound system enhancement of the West and East rinks a definite possibility. In talking with Mike Taylor, head hockey coach for the boys Eagan High School team, he has scheduled a game with the US Women's Olympic hockey team to be played this December at the Eagan Civic Arena. The entire proceeds from the gate of this game will be gifted to the city to go towards the new sound system which I have presented to you through letters and in previous meetings. The remaining funds needed to complete the sound enhancement for both rinks will be gifted to the city from the Eagan Hockey Association. With these extremely generous gifts from the High School boys program and the Youth Hockey program of Eagan, the sound system is not just a possibility but a very true reality. Obviously there are details to work out and would like to schedule a meeting with you, Juli Sydell Johnson, Mark Vaughan, Mike Taylor, Thomas Manzella and myself for as soon as possible. Thank you again Cherryl for your time and I look forward to our next meeting. Sincerel,, —/ C2 / 3 Jeffrey Bergom Marketing, Sponsorship and Co- fundraising Coordinator Eagan Hocke Association. Thomas Manzella President Eagan Hockey Association Mike TayBoys Head Hockey Coach Eagan High Sc o0 "'V% CC; Juli S, a e Johnson : Director of Parks and Recreation City of Eagan Vaughan : Campus Facility Manager City of Eagan Eagan Hockey Association PO Box 21214 • Eon, MN 55121/1481 Cherry) L Mesko Superintendent of Operations Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 Dear Cherry), October 14, 2009 The Eagan Hockey Association and the Booster Club of the Boys Eagan High School Hockey team would like to do- nate a sound system valued at approximately $37,000 to the City of Eagan for the Eagan Civic Arena to enhance the existing West and East arena sound systems. As you know this subject has been talked about much in the past and unfortunately had not progressed to a point where we had a chance to get this accomplished.,. until now. A sound system has been identified that will expand the arenas' existing system. It is similar to the one that was installed at the Eden Prairie ice arena and is expected to create a better audio experience for Eagan spectators. While the system proposed does not meet all the defined parameters outlined in the City's 2006 acoustics report, we are very comfortable that the quality of the sound will meet the needs of the current users and will most certainly be a sufficient improvement over the existing systems. The Eagan High School Boys Hockey team is also excited to announce a game against the US Women's Olympic hockey team on December 8, 2009 at the Eagan Civic Arena. All gate proceeds from this game will be used towards the purchase of the new sound system. Any shortfall will be funded by the Eagan Hockey Association so the purchase and installation of the enhanced sound systems for West and East Arena of the Eagan Civic Arena will be gifted to the City of Eagan. It would be our hope that the City Council will accept this $37,000 gift so that the new sound system can be in place in advance of the December 8th game. Thank you for your consideration of this gift to the City of Eagan and the Eagan Civic Arena. On behalf of the Eagan Hockey Association and the Booster Club of the Boys Eagan High SchooId Hockey Team, we appreciate our partner- ship with the City of Eagan and are excited for this new sound system. Sincerely, Jeff Bergom Marketing, Sponsorship and Co -fundraising Coordinator, Eagan Hockey Association Thomas Menzella President, Eagan Hockey Association Mike Taylor Boys Head Hockey Coach Eagan High School CC: Juli Sydell Johnson, Director of Parks and Recreation, City of Eagan Mark Vaughan, Campus Facility Manager, City of Eagan Eagan Hockey Association PO 8oll 21214 • Eagan, MN 55121.0481 act Agenda Information Memo October 20, 2009 Eagan City Council Meeting N. CONTRACT 09-09, 2009 CITYWIDE SANITARY SEWER LINING ACTION TO BE CONSIDERED: Approve the final payment for Contract 09-09 (Citywide Sanitary Sewer Lining) in the amount of $131,551.50 to Visu-Sewer Clean & Seal, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 09-09 provided for the structural relining of approximately 5,570 feet of sanitary sewer laterals throughout the community. This work has been completed in accordance with the approved plans and specifications. • 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. a7 Agenda Memo October 20, 2009 City Council Meeting CONSENT AGENDA: O. Tree Maintenance Contractor Licenses for R.D. & Associates Specialized Services ACTION TO BE CONSIDERED: Approve Tree Maintenance Contractor License for R. D. & Associates Specialized Services, 13775 Marystown Road, Shakopee FACTS: • Fritz Dysterheft has applied for a tree maintenance contractor license and all requirements of the application have been met and fees have been paid. • Staff recommends approval of the license. ATTACHMENTS: • The application is available for review in the Administration Department. Agenda Information Memo October 20, 2009 Eagan City Council Meeting PUBLIC HEARINGS A. PROJECT 972, LONE OAK/ WATERS AREA STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 972 (Lone Oak/ Waters Area - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 972 provided for the street improvements of streets within the Lone Oak/ Waters Area, including Lone Oak Drive, Lone Oak Parkway, Waters Road, Northwest Parkway, and O'Neil Drive, in northeast Eagan. • The Final Assessment Roll was presented to the City Council on September 15, 2009, with a public hearing scheduled for October 20 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 25% less than the estimated benefit amounts that were presented at the original Public Hearing on 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 October 13 to address all property owners' questions or concerns and provide any additional information of interest. Of the 34 parcels (all guided commercial/ industrial) being assessed, 2 property owners representing 1 property attended the meeting. ATTACHMENTS: • Final Assessment Report, page t ouglr� . • Informational Meeting Minutes, pagesO9 through aq FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 972 Assessment: October 20, 2009 Name: Lone Oak/ Waters 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 ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk ❑ WAC STREET ❑ Gravel Base ❑ Surf./ Signs ▪ C/I Equiv. $1,095.98 $1,458 Acre O Concrete Entrance Based on $74 S.Y. cost to install OTHER O Service Pair STREET LIGHTS ❑ Installation ❑ Energy Charge Contract Number of Number Parcels 09-01 Terms Interest Amount City Rate Assessed Financed 34 10 Years 6.5% $680,470 F.R. $366,550 F.R. $532,601.10 $216,467.42 (F.R. = Feasibility Report) 411' City of Eaaali Memo To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: September 21, 2009 Subject: Final Assessment Roll, Project 972 Lone Oak/ Waters Area - Street Overlay Improvements At the public hearing on December 1, 2008, the City Council ordered Project 972, and in accordance with the feasibility report, the following improvements were constructed in the Lone Oak/ Waters commercial/ industrial area: mill and overlay and replacement of traffic and street signage and replacement of curb and gutter/ concrete entrance aprons as needed. In the feasibility report, it was proposed to assess 100% of the street overlay and signage and concrete entrance apron improvements to the commercial/ industrial properties 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 972. PROJECT COST The construction cost includes the amount of $598,959.78 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $22,162.09. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $127,946.65 were incurred resulting in an improvement and project cost of $749,068.52. 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 $499,370.11 $102,866.66 $602,236.77 $801,400 Curb & Gutter Repair 75,624.14 15,578.03 91,202.17 $199,860 Concrete Ent Replace/ 46,127.62 9,501.96 55,629.58 $45,760 Repair Totals $621,121.87 $127,946.65 $749,068.52 $1,047,020 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 LS 0.36 $36,500.00 $13,140.00 Mill bituminous pavement (1 'A" depth) SY 27,745.00 0.55 15,259.75 Mill bituminous pavement (full depth) SY 9,157.00 0.60 5,494.20 Wearing course mixture TON 7,700.39 49.00 377,319.11 Bituminous mixture for tack coat GAL 3,550.00 4.00 14,200.00 Adjust frame & ring casting (manhole) EA 36.00 350.00 12,600.00 Adjust manhole casting (riser adjust.) EA 17.00 165.00 2,805.00 Adjust water valve box EA 28.00 110.00 3,080.00 Repair gate valve mid section EA 11.00 155.00 1,705.00 Repair gate valve top section EA 23.00 170.00 3,910.00 Remove & replace frame & ring casting EA 5.00 665.00 3,325.00 Pavement message arrow (left) EA 26.00 95.00 2,470.00 Pavement message arrow (thru) EA 2.00 950.00 1,900.00 Pavement message arrow (right) EA 11.00 95.00 1,045.00 Pavement message arrow (lt/thru)) EA 2.00 160.00 320.00 4" solid line white LF 7,513.00 0.22 1,652.86 4" double solid line yellow LF 6,138.00 0.45 2,762.10 Zebra crosswalk white SF 744.00 3.00 2,232.00 24" solid line white LF 166.00 5.30 879.80 Traffic control LS 0.36 24,745.00 8,908.20 NMC loop detector EA 2.00 1,100.00 2,200.00 Traffic signs LS 1 22,162.09 22,162.09 SUBTOTAL $499,370.11 Other costs @ 20.60% 102,866.66 Mill & Overlay/ Street Sign Cost $602,236.77 2 • CONCRETE ENTRANCE REPLACEMENTS/ REPAIRS The costs of the concrete entrance apron replaced or repaired were computed using the following unit prices and quantities: ITEM UNIT EXTENDED UNIT QTY PRICE COST Remove concrete curb & gutter LF 391.00 5.00 $1,955.00 Remove bituminous pavement SY 716.53 $2.50 $1,791.33 Remove concrete driveway SY 70.06 $6.00 $420.36 Remove concrete valley gutter SY 74.93 6.00 449.58 Select topsoil borrow CY 17.50 21.00 367.50 Aggregate base, Cl. 5 TN 12.00 14.00 168.00 Wear course - driveways TN 24.04 130.00 3,125.20 Wear course - street patch TN 8.00 75.00 600.00 Concrete curb & gutter LF 5.00 14.25 71.25 Concrete curb & gutter (special) LF 76.00 18.00 1,368.00 7" concrete driveway pavement - HE SY 70.06 46.00 3,222.76 Repair 7" concrete driveway pavement - HE SY 743.64 42.85 31,864.97 Sodding, type lawn (Highland) SY 109.00 7.00 763.00 Compost, Grade 1 TN 6.25 15.00 93.72 SUBTOTAL $46,127.62 Other costs @ 20.60% $9,510.96 Concrete Ent Apron Replace/ $55,629.58 Repair Cost • 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: 1) % Commercial/Industrial = 25,675 f.f. / 32,428 (total f.f.) = 79.2% 2) [$602,236.77 (Mill & Overlay Cost + Signage Cost) x 100% x 79.2%] = $476,971.52 [Total Assessment] 3) $476,971.52 (Total Assessment) 4 $1,095.98 / acre 435.2 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 (7 total). The proposed assessment for each property for concrete entrance replacements or repairs, per actual cost of driveway repaired, is proposed as follows: 3 33 655 Lone Oak Drive: $9,209.23 2900 Lone Oak Parkway: $9,534.15 2700 Lone Oak Parkway: $19,098.22 2800 Lone Oak Parkway: $2,420.70 680 O'Neil Drive: $7,441.36 2915 Waters Road: $5,106.71 2825 Lone Oak Parkway: $2,819.21 Total $55,629.58 • 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 $602,236.77 $476,971.52 $125,265.25 Curb & Gutter Repair 91,202.17 91,202.17 Concrete Ent Repair/ Repl 55,629.58 55,629.58 Total $749,068.52 $532,601.10 $216,467.42 • CITY FUND RESPONSIBILITY Major Street Fund: $216,467.42 l John Gord , P.E. Reviewed 11( Public Works Department lo- (S- oc Reviewed Finance Department Date Date c: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I 4 NORTH /___/\513 \O UUTLUT A� Blk 1 3 App. 3.90 Ac SECOND 930ANNEX //// g,,//6J8Ac 24.67 Ac / 2935 %// 5.00 Ac j// CRAY 2nd ADD. 1 / 2945 655 /� .66 Ac BLUE RIDGE FOURTH ADDITION 7.56 // / / / 2955 s/41ti //� �o Blk 1 2965 , j /);, 5.74 Ac 7.01 Ac /// 2975 LEGEND Street Improvements ® Commercial / Industrial - $ 1,095.98/ Acre Concrete Entrance Replacement LONE OAK ROAD 9-12-09 City of Eagan Engineering Department Lone Oak / Waters Area Street Revitalization - Project 972 Final Assessments Fig. A NORTH /' /// \\\/ 8/% / / /O%i I��/1/// %C ONE / OUTLOT A � �/ j // //// / , . ADgirl / ///j i//: //� / / :NE OAK /////1/ // // / L4 /// 1 // �/5.12Ac // //,// //moi/!;'/ \/////,/ V//j LEGEND Street Improvements Commercial / Industrial - $ 1,095.98/ Acre Concrete Entrance Replacement / At 2915 5.01 Ac *� G Project & Contract Info \0963\Fesibility Report\FIG_2AA 9-13-09 q) City of Eagan Engineering Department Lone Oak / Waters Area Street Revitalization - Project 972 &p Final Assessments Fig. B NORTH LEGEND Street Improvements Commercial / Industrial - $ 1,095.98/Acre Concrete Entrance Replacement INTERSTATE 495 i 680 ZAc ///4 i 1� 0) City of Eagan Engineering Department LONE //Ay OAK // A// OUTLOT A Lone Oak / Waters Area Street Revitalization - Project 972 37 Final Assessments Fig. C Combined Assessment Roll Project Number PID 10-00100-010-06 10-00100-010-25 10-00100-010-26 10-00100-010-27 10-00100-010-29 10-03700-010-02 10-03700-020-04 10-03700-030-01 10-14576-010-01 10-14577-010-01 10-14577-020-01 10-14578-010-01 10-14578-020-01 10-14580-010-01 10-14581-010-01 10-14581-020-01 10-18501-021-01 10-45700-010-01 10-45700-040-00 10-45700-150-00 10-45701-010-00 10-45701-011-01 10-45701-020-00 10-45703-010-01 10-52275-010-01 10-53320-088-00 10-53340-010-01 10-53340-020-01 10-53340-040-01 10-81470-010-01 10-83451-010-00 10-83451-010-01 10-83451-020-01 10-83451-030-01 10P972 Address 680 O'Neill Dr 720 ONeill Dr Addition Name Section 1 Section 1 Section 1 Section 1 Section 1 Auditors Subdivision 31 Auditors Subdivision 31 Auditors Subdivision 31 Blue Ridge 2nd 2900 Lone Oak Pkwy Blue Ridge 3rd 2915 Waters Rd Blue Ridge 3rd 2945 Lone Oak Dr Blue Ridge 4th 2935 Waters Rd Blue Ridge 4th 2955 Lone Oak Dr Blue Ridge 6th Blue Ridge 7th Blue Ridge 7th 655 Lone Oak Dr Cray 2nd 2700 Lone Oak Pkwy Lone Oak 2825 Lone Oak Pkwy Lone Oak 1590 Highway 55 State of MN % Treasurer -Auditor 2800 Lone Oak Pkwy Lone Oak 2nd $26,767.00 Lone Oak 2nd $37,602.00 Lone Oak 2nd $44,806.00 815 Northwest Pkwy Lone Oak 4th $9,390.00 601 $22,016.00 810 Robert O'Neill Homestead $1,356.00 820 O'Neill's $1,137.00 830 O'Neill's $1,035.00 2660 Dodd Rd O'Neill's $1,356.00 855 Northwest Pkwy Venstar Eagan Office $7,421.00 Waters Annex 2nd $35,969.00 2840 Lone Oak Pkwy Waters Annex 2nd $10,454.00 2920 Lone Oak Dr Waters Annex 2nd $5,686.00 2930 Lone Oak Dr Waters Annex 2nd $9,885.00 Summary for 'SA_Nbr' = 10P972 (34 detail records) Pending Assess 12/1/08 $1,458.00 $3,091.00 $6,050.00 $4,797.00 $32,163.00 $13,705.00 $569.00 $2,464.00 $8,471.00 $24,062.00 $13,003.00 $22,920.00 $7,290.00 $11,022.00 $8,369.00 $10,221.00 $137,680.00 $117,788.00 $40,445.00 River Ridge PkwyNovus Addition ONeill Dr ONeill Dr ONeill Dr Sum Monday, October 12, 2009 38 $680,448.00 Variance $362.02 $767.52 ($2,268.14) $1,191.23 $7,985.68 $3,402.79 $141.57 $611.79 $2,103.36 $1,836.40 $2,405.43 $5,691.19 $1,810.10 $2,736.39 $2,078.39 $2,538.18 $30,205.20 $19,549.06 $7,223.30 $5,615.30 $9,336.68 $16,354.36 $2,331.89 $5,466.70 $336.74 $282.14 $256.85 $336.74 $1,842.46 $8,931.17 $2,595.82 $1,411.68 $2,454.26 $147,924.25 Proposed Assessment $1,095.98 $2,323.48 $8,318.14 $3,605.77 $24,177.32 $10,302.21 $427.43 $1,852.21 $6,367.64 $22,225.60 $10,597.57 $17,228.81 $5,479.90 $8,285.61 $6,290.61 $7,682.82 $107,474.80 $98,238.94 $33,221.70 $76.72 $21,151.70 $28,265.32 $28,451.64 $7,058.11 $16,549.30 $1,019.26 $854.86 $778.15 $1,019.26 $5,578.54 $27,037.83 $7,858.18 $4,274.32 $7,430.74 $532,600 47 Page 1 of 1 LONE OAK/ WATERS AREA STREET IMPROVEMENTS CITY PROJECT NO 972 INFORMATIONAL NEIGHBORHOOD MEETING — FINAL ASSESSMENTS TUESDAY, OCTOBER 13, 2009 3:00 P.M. CONFERENCE ROOM 1 Attendance: John Gorder, Assistant City Engineer; 2 persons representing 1 property (see attached sign -in sheet). Gorder welcomed the residents and provided a brief project review. Questions/ Comments from Residents • Why are the assessments for our property (830 O'Neill Drive) calculated as commercial/ industrial and not as a single-family property? The City Special Assessment Policy provides for assessments to properties at their land use as guided by the City Comprehensive Guide Plan. The four properties along O'Neill Drive currently used as single-family is proposed for assessment as commercial/ industrial. Based on the amount of frontage adjacent to O'Neill Drive, Gorder estimated the special assessments to each property to be roughly the same, regardless of the Iand use used to calculate the assessment. Other non -project related discussion regarding previous special assessments occurred between the residents and staff. The meeting adjourned at 3:20 p.m. 37 NEIGHBORHOOD MEETING Lone Oak/ Waters City Project 972 c� Tuesday, October 13, 2009 City off Eapil 3:00 p.m. NAME ADDRESS �, �C�Ofitiet(! 5/aoDli!by���r;,/p 1. t 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:\Forms\Sign-In Sheets\SIGN-IN.SHT & logo.doc Agenda Information Memo October 20, 2009 Eagan City Council Meeting B. PROJECT 976, AVALON/ BURNSIDE AVENUES STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 976 (Avalon/ Burnside Avenues - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 976 provided for the street improvements of Avalon and Burnside Avenues in north -central Eagan. • The Final Assessment Roll was presented to the City Council on September 15, 2009, with a public hearing scheduled for October 20 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 20% less than the estimated benefit amounts that were presented at the original Public Hearing on December 16, 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 October 13 to address all property owners' questions or concerns and provide any additional information of interest. Of the 17 parcels (12 single-family, 5 commercial/ industrial) being assessed, no one attended the meeting. ATTACHMENTS: `/ • Final Assessment Report, pages through �` q. 41 FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 976 Assessment: October 20, 2009 Name: Avalon/ Burnside Ave. Project Approval Date: December 16, 2008 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 O Surfacing/ Signs 1,263.29 $1,580 / Lot ❑ City Park B C/I Equiv. E1 Driveway $17.81 $22.30 /F.F. Based on $96 S.Y. costs OTHER ❑ Service Pair STREET LIGHTS ❑ Installation ❑ Energy Charge Contract Number of Interest Amount City Number Parcels Terms Rate Assessed Financed 09-02 17 5/ 10 Years 6.5% $94,250 F.R. $105,510 F.R. $82,702.90 $60,407,42 (F.R. = Feasibility Report) Alb) City of Evan MoMo To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: September 21, 2009 Subject: Final Assessment Roll, Project 976 Avalon/ Burnside Avenues - Street Overlay Improvements At the public hearing on December 16, 2008, the City Council ordered Project 976, and in accordance with the feasibility report, the following improvements were constructed: mill and overlay and replacement of traffic and street signage for Avalon/ Burnside Avenues, 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 976. PROJECT COST The construction cost includes the amount of $108,303.72 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $1,682.09. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $33,124.51 were incurred resulting in an improvement and project cost of $143,110.32. 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 $82,575.15 $24,869.22 $107,444.37 $134,420 Curb & Gutter Repair 21,742.97 6,548.35 28,291.32 $61,040 Concrete DW Entrance 5,667.69 $1,706.94 $7,374.63 $4,300 Totals $109,985.81 $33,124.51 $143,110.32 $199,760 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 QTY UNIT PRICE EXTENDED COST Mobilization Mill Bituminous Pavement (1 I/4" depth) Type LVWE45030B Wearing Course Mixture Bituminous Material for Tack Coat Remove & replace frame & ring casting Traffic control 4" double solid line yellow - epoxy Traffic signs SUBTOTAL Other costs @ 30.12% Mill & Overlay/ Street Sign Cost LS SY TN Gal EA LS LF LS 1.00 4,579.00 1,332.69 700.00 8 1 1,408.85 1 $2,000.00 0.60 49.00 4.00 665.00 1,315.00 0.95 1,682.09 $2,000.00 2,747.40 65,301.81 2,800.00 5,320.00 1,315.00 1,408.85 1,682.09 $82,575.15 $24,869.22 $107,444.37 • CONCRETE ENTRANCE REPLACEMENT The concrete entrance apron for Lot 2, Block 2 Eagandale Office Park 2nd Addition (1380 Corporate Center Curve) was installed under terms of a waiver of objection to special assessment and were computed using the following unit prices and quantities: ITEM UNIT QTY UNIT PRICE EXTENDED COST Remove concrete curb & gutter Remove concrete valley gutter Remove bituminous pavement Common excavation Select topsoil borrow Aggregate base, Cl. 5 Type LVWE45030B wear course Type LVWE45030B wear course Concrete curb & gutter - B612 7" Concrete driveway pavement - Sodding, type lawn (Highland) Compost, Grade 1 - driveways - street patc HE LF SY SY CY CY TN TN TN LF SY SY TN 2 63 16.70 49.80 10.75 1.50 7.59 3 2 9.5 73 16 1.40 $5.00 6.00 2.50 22.00 21.00 14.00 130.00 75.00 15.65 53.50 8.50 15.00 $315.00 100.20 124.50 236.50 31.50 106.26 390.00 150.00 148.68 3,905.50 138.55 21.00 SUBTOTAL $5,667.69 Other costs @ 30.12% $1,706.94 Concrete Entrance Apron Repair Cost $7,374.63 • IMPROVEMENT AND ASSESSMENT RATES Low Density Residential - The improvement and assessment rates for low-density residential properties, based on a 32 - foot wide residential street width, are computed as follows: 1) 2,338 Single Family Front Footage/6,034 Total Front Footage = 38.8% 2) [$107,444.37 (Mill & Overlay Cost + Signage Cost) x 38.8% x 50% 32/44] = $15,159.42 (Total Residential Assessment) 3) $ 15,159.42 (Total Residential Assessment) - $1,263.29 / lot 12 Single Family Residential Lots Commercial/ Industrial - The improvement and assessment rates for commercial/ industrial properties are computed as follows: 1) % Commercial/Industrial = 3,379 Front Feet/ 6,034 Total F.F. = 56.0% 2) [$107,444.37 (Mill & Overlay Cost) x 56% x 100%] =$60,168.85 (Total Commercial/ Industrial Assessment) 3) $60,168.85 (Commercial/Industrial Assessment) 4 $17.81/F.F. 3,379 Commercial/Industrial F.F The remaining frontage (317 feet, 5.2%) is residential sideyard property and un -assessable. • ASSESSMENT TERMS The assessments are proposed for a term of 5 years for residential properties and 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 $107,444.37 $75,328.27 $32,116.10 Curb & Gutter Repair 28,291.32 28,291.32 Concrete Entrance $7,374.63 $7,374.63 Total $143,110.32 $82,702.90 $60,407.42 ■ CITY FUND RESPONSIBILITY Major Street Fund: $60,407.42 3 YG John Gorder, F Reviewed V V ml64.511CL(el Public Work Department epartent 10— (5-09 Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I Reviewed Finance Depa ment (c2`I5`(29 Date 4 NORTH 1 1 1 1 1 1 J 1380 CORPORATE CENTER DRIVE M.- - - - — 0 1340 1300 to 7 O y.cc\ 1 1 548 F.F. AVALON AVE. 583 F.F. 516 F.F. • • • • • • • • • *• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 1 Q 0 co 0 Y O a. / /2804 i 1390 1384 1 J Q W m 2829- /i/� r •••••••••• • • • i • LL 1284 • LL • • • • 1 • • • • • • • • • • •� i 2 litf3, L1 V/!/// / Ili2845 �2 A LEGEND Street Improvements Assessment Area Single Family - $ 1,263.29 / Lot • • • • • • • Commercial / Industrial - $ 17.81 / F.F. * Concrete Entrance Replacement • 11-05-2008 City of hp. Engineering Department Avalon Ave. / Burnside Ave. Street Revitalization - Project 976 4.e Final Assessments Combined Assessment Roll Project Number 10P976 PID 10-00300-010-51 10-00300-020-51 10-00300-030-51 10-18300-020-08 10-18300-041-07 10-18300-042-07 10-18300-060-07 10-18300-080-07 10-18300-100-07 10-18300-120-07 10-19825-010-01 10-22506-020-01 10-22506-031-01 10-22531-020-02 10-22531-030-02 10-22531-040-02 10-43300-020-01 Summary for 'SA_ Sum Address 2804 Pilot Knob Rd 1390 Avalon Ave 1384 Avalon Ave 1340 Avalon Ave 1310 Avalon Ave 2815 Burnside Ave 2821 Burnside Ave 2829 Burnside Ave 2835 Burnside Ave 2841 Burnside Ave 2804 Vilas Lane 1284 Corporate Center D 1325 Eagandale Ct 1380 Corporate Center C 1340 Corporate Center C Addition Name Section 3 Section 3 Section 3 Country Home Heights Country Home Heights Country Home Heights Country Home Heights Country Home Heights Country Home Heights Country Home Heights De Witt Manor Eagandale Center Industrial Pk 7th Eagandale Center Industrial Pk 7th Eagandale Office Park 2nd Eagandale Office Park 2nd 1300 Corporate Center C Eagandale Office Park 2nd 2845 Burnside Ave Kreitz Nbr' = 10P976 (17 detail records) Wednesday, October 14, 2009 vq Pending Assess 12/16/08 Variance $1,580.00 $316.71 $1,580.00 $316.71 $1,580.00 $316.71 $1,580.00 $316.71 $1,580.00 $316.71 $1,580.00 $316.71 $1,580.00 $316.71 $1,580.00 $316.71 $1,580.00 $316.71 $1,580.00 $316.71 $1,580.00 $316.71 $27,132.00 $5,938.10 $14,022.00 $3,068.85 $16,790.00 ($344.51) $13,292.00 $2,908.77 $11,765.00 $2,575.04 $1,580.00 $316.71 $101,961.00 Proposed Assessment $1,263.29 $1,263.29 $1,263.29 $1,263.29 $1,263.29 $1,263.29 $1,263.29 $1,263.29 $1,263.29 $1,263.29 $1,263.29 $21,193.90 $10,953.15 $17,134.51 $10,383.23 $9,189.96 $1,263.29 $17,946.77 $84,014.23 Page 1 of 1 Agenda Information Memo October 20, 2009 Eagan City Council Meeting C. PROJECT 977, ROBIN LANE STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 977 (Robin Lane - Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 977 provided for the street improvements of Robin Lane, and the construction of a small portion of trail along the northern end of Robin Lane, in northwest Eagan. • The Final Assessment Roll was presented to the City Council on September 15, 2009, with a public hearing scheduled for October 20 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 25% less than the estimated benefit amounts that were presented at the original Public Hearing on December 16, 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 October 13 to address all property owners' questions or concerns and provide any additional information of interest. Of the 43 parcels (14 single-family, 29 townhomes) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages] f through. 5-6 FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 977 Assessment: October 20, 2009 Name: Robin Lane Project Approval Date: December 16, 2008 Street Improvements Final Feasibility Rate Report Units SANITARY SEWER ❑ Trunk O Lateral ❑ Service O Lat. Benefit/trunk STORM SEWER O Trunk Final Feasibility Rate Report Units WATER ❑ Trunk O Lateral ❑ Service O Lat. Benefit/trunk ❑ WAC STREET O Gravel Base RI Surf/ Signs - SF $976.20 $1,214 / Lot Townhome $732.15 $911 /Lot O City Park O C/I Equiv. O Driveway OTHER O Service Pair STREET LIGHTS ❑ Installation ❑ Energy Charge Contract Number of Interest Amount City Number Parcels Terms Rate Assessed Financed 09-02 43 5 Years 6.5% $44,600 F.R. $181,400 F.R. $34,898.98 $145,658.45 (F.R. = Feasibility Report) 1,11116 City of Eaaall VOMO To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: September 9, 2009 Subject: Final Assessment Roll, Project 977 Robin Lane - Street Overlay Improvements At the public hearing on December 16, 2008, the City Council ordered Project 977, and in accordance with the feasibility report, the following improvements were constructed : mill and overlay and replacement of traffic and street signage for Robin Lane, replacement of curb and gutter as needed, and the construction of a trail on the north end. 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 977. PROJECT COST The construction cost includes the amount of $138,033.38 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $2,594.84. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $39,929.21 were incurred resulting in an improvement and project cost of $180,557.43. 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 $121,345.74 $34,454.25 $155,799.99 $199,200 Curb & Gutter Repair 12,635.57 3,587.67 16,223.24 $22,200 Trail 6,646.91 $1,887.29 $8,534.20 $4,600 Totals $140,628.22 $39,929.21 $180,557.43 $226,000 1 5d, 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 Remove Bituminous Pavement Sq. Yd. 5,374.70 2.50 13,436.75 Aggregate Base, Cl. 5 Ton 392.45 14.00 5,494.30 Mill Bituminous Pavement (1 1/4" depth) Sq. Yd. 1,864 0.60 1,118.40 Type LVWE45030B Base Course Ton 939 48.00 45,072.00 Mixture Type LVWE45030B Wearing Course Ton 806.55 49.00 39,520.95 Mixture Bituminous Material for Tack Coat Gal 565 4.00 2,260.00 Adjust Fame & Ring Casting (Manhole) Each 10 350.00 3,500.00 Adjust MH Casting — Riser Adjustment Each 5 165.00 825.00 Adjust Gate Valve Box Each 14 110.00 1,540.00 Repair Gate Valve Top Section Each 1 170.00 170.00 Remove & Replace Frame & Ring Each 3 665.00 1,995.00 Casting 4" Double Solid Line Yellow L.F. 530 0.95 503.50 Traffic Control L.S. 1 1,315.00 1,315.00 Traffic signs L.S. 1 2,594.84 2,594.84 SUBTOTAL $121,345.74 Other costs @ 28.39% 34,454.25 Mill & Overlay/ Street Sign Cost $155,799.99 • IMPROVEMENT AND ASSESSMENT RATES Low Density Residential - The improvement and assessment rates for low-density residential properties (14 single- family and 29 townhomes) are computed as follows. Please note that the residential equivalent properties are 35.75 versus the 36.75 identified in the project feasibility report. The properties at 3682 through 3688 Robin Lane were incorrectly identified as single-family homes in the feasibility report. They are zoned as R-3 residential townhouses. 1) % R -1,R-2, R3 Residential = 2,743 f.f. / 6,124 (total f.f.) = 44.8% 2) [$155,799.99 (Reclamation Cost) x 50% x 44.8%] =$34,898.98 (Total Residential Assessment) 2 53 3) $34,898.98 (R-1 & R-2 Residential Assessment) - $976.20/lot 35.75 Lot Equivalents 4) Town house => 75% of a Single Family Lot (0.75 x $976.20/ lot) = $732.15/ 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 $155,799.99 $34,898.98 $120,901.01 Curb & Gutter Repair Trail Total 16,223.24 8,534.20 $180,557.43 ■ CITY FUND RESPONSIBILITY Major Street Fund: $145,658.45 John Gorder; P.E. Reviewed Irv) Public Works Department to--Is—a9 Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I Reviewed $34,898.98 1 Finance Dep rtment 16,223.24 8,534.20 $145,658.45 Date Sv NORTH PROPOSED TRAIL 4frRED •17#400AjOrtft — — 3750 3750 3760 LEGEND Assessable Area Single Family - $ 976.20/ Lot Townhome - $ 732.15/ Unit Street Recycle / Reclaim Street Overlay Itta • N BEAR TR 0 • li G\EZ• Z' Ov.R?° • INL lik NIL lik Nr 3677 3681 I I ___L_ I I 3685 3689 MENU 3753 3755 3757 � 0111000769 3 375 3787WiIlll 3785 • • 3783 1 37817 379 3777 3 3775 3 • 410, ffl 11 3746 NM 3748 MII 3750 3752 • 3754 3756 3758 3760 3738 3740 3742 3744 3770 3745 11/08/2008 It* City of Evan Engineering Department Robin Lane Street Revitalization - Project 977 5"S' Final Assessments Fig. 2 Combined Assessment Roll Project Number 10P977 PID Address 10-14300-061-00 10-14300-062-00 10-14301-010-01 10-14301-020-01 10-14301-030-01 10-14301-040-01 10-14301-050-01 10-14301-060-01 10-14301-070-01 10-14301-080-01 10-14301-100-01 10-14301-110-01 10-14301-120-01 10-14301-130-01 10-14302-010-01 10-14302-020-01 10-14302-030-01 10-14302-040-01 10-14302-050-01 10-14302-070-01 10-14302-080-01 10-14302-090-01 10-14302-100-01 10-14302-110-01 10-14302-120-01 10-14302-130-01 10-14302-140-01 10-14303-010-01 10-14303-020-01 10-14304-011-01 10-14304-021-01 10-14304-031-01 Addition Name 3745 Blackhawk Rd Blackhawk Acres 3770 Robin Lane 3760 Robin Lane 3758 Robin Lane 3756 Robin Lane 3754 Robin Lane 3752 Robin Lane 3750 Robin Lane 3748 Robin Lane 3746 Robin Lane 3744 Robin Lane 3742 Robin Lane 3740 Robin Lane 3738 Robin Lane 3753 Robin Lane 3755 Robin Lane 3757 Robin Lane 3759 Robin Lane 3761 Robin Lane 3787 Robin Lane 3785 Robin Lane 3783 Robin Lane 3781 Robin Lane 3779 Robin Lane 3777 Robin Lane 3775 Robin Lane 3773 Robin Lane 3685 Robin Lane 3689 Robin Lane 3682 Robin Lane 3684 Robin Lane 3686 Robin Lane Wednesday, October 14, 2009 Blackhawk Acres Blackhawk Acres 2nd Blackhawk Acres 2nd Blackhawk Acres 2nd Blackhawk Acres 2nd Blackhawk Acres 2nd Blackhawk Acres 2nd Blackhawk Acres 2nd Blackhawk Acres 2nd Blackhawk Acres 2nd Blackhawk Acres 2nd Blackhawk Acres 2nd Blackhawk Acres 2nd Blackhawk Acres 3rd Blackhawk Acres 3rd Blackhawk Acres 3rd Blackhawk Acres 3rd Blackhawk Acres 3rd Blackhawk Acres 3rd Blackhawk Acres 3rd Blackhawk Acres 3rd Blackhawk Acres 3rd Blackhawk Acres 3rd Blackhawk Acres 3rd Blackhawk Acres 3rd Blackhawk Acres 3rd Blackhawk Acres 4th Blackhawk Acres 4th Blackhawk Acres 5th Blackhawk Acres 5th Blackhawk Acres 5th Pending Assess 12/16/08 5(p $1,214.00 $1,214.00 $910.50 $910.50 $910.50 $910.50 $910.50 $910.50 $910.50 $910.50 $910.50 $910.50 $910.50 $910.50 $910.50 $910.50 $910.50 $910.50 $910.50 $910.50 $910.50 $910.50 $910.50 $910.50 $910.50 $910.50 $910.50 $1,214.00 $1,214.00 $1,214.00 $1,214.00 $1,214.00 Variance $237.80 $237.80 $178.35 $178.35 $178.35 $178.35 $178.35 $178.35 $178.35 $178.35 $178.35 $178.35 $178.35 $178.35 $178.35 $178.35 $178.35 $178.35 $178.35 $178.35 $178.35 $178.35 $178.35 $178.35 $178.35 $178.35 $178.35 $237.80 $237.80 $481.85 $481.85 $481.85 Proposed Assessment $976.20 $976.20 $732.15 $732.15 $732.15 $732.15 $732.15 $732.15 $732.15 $732.15 $732.15 $732.15 $732.15 $732.15 $732.15 $732.15 $732.15 $732.15 $732.15 $732.15 $732.15 $732.15 $732.15 $732.15 $732.15 $732.15 $732.15 $976.20 $976.20 $732.15 $732.15 $732.15 Page 1 of 2 Combined Assessment Roll Project Number 10P977 PID Address Addition Name 10-14304-041-01 3688 Robin Lane Blackhawk Acres 5th 10-14325-070-02 3676 Robin Lane Blackhawk Forest 10-14325-080-02 3672 Robin Lane Blackhawk Forest 10-14325-090-02 3668 Robin Lane Blackhawk Forest 10-14325-100-02 3664 Robin Lane Blackhawk Forest 10-14325-160-02 3656 Robin Lane Blackhawk Forest 10-14325-170-02 3652 Robin Lane Blackhawk Forest 10-14325-180-02 3648 Robin Lane Blackhawk Forest 10-14325-190-02 3644 Robin Lane Blackhawk Forest 10-14325-230-03 3677 Robin Lane Blackhawk Forest 10-14325-240-03 3681 Robin Lane Blackhawk Forest Summary for 'SA_Nbr' = 10P977 (43 detail records) Sum $34,899.15 Pending Assess 12/16/08 Variance $1,214.00 $481.85 $1,214.00 $237.80 $1,214.00 $237.80 $1,214.00 $237.80 $1,214.00 $237.80 $1,214.00 $237.80 $1,214.00 $237.80 $1,214.00 $237.80 $1,214.00 $237.80 $1,214.00 $237.80 $1,214.00 $237.80 Wednesday, October 14, 2009 57 Proposed Assessment $732.15 $976.20 $976.20 $976.20 $976.20 $976.20 $976.20 $976.20 $976.20 $976.20 $976.20 $44,614.50 $9,715.35 Page 2 of 2 Agenda Information Memo October 20, 2009 Eagan City Council Meeting D. PROJECT 978, EAGANDALE/ LEMAY LAKE STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 978 (Eagandale/ LeMay Lake - Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 978 provided for the street improvements of Eagandale Place, a high-density residential and commercial/ industrial street in north -central Eagan. • The Final Assessment Roll was presented to the City Council on September 15, 2009, with a public hearing scheduled for October 20 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 26% less than the estimated benefit amounts that were presented at the original Public Hearing on 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 October 13 to address all property owners' questions or concerns and provide any additional information of interest. Of the 9 parcels (3 high-density residential and 6 commercial/ industrial) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages through( FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 978 Assessment: October 20, 2009 Name: Eagandale/ LeMay Lake Project Approval Date: January 6, 2009 Street Improvements Final Feasibility Rate Report Units SANITARY SEWER ❑ Trunk ❑ Lateral O Service ❑ Lat. Benefit/trunk STORM SEWER O Trunk Final Feasibility Rate Report Units WATER ❑ Trunk ❑ Lateral O Service ❑ Lat. Benefit/trunk ❑ WAC STREET O Gravel Base H Surf/ Signs - CI 1,957.73 $2,808 Acre HD Residential 1,516.02 $2,174 Acre O City Park O C/I Equiv. O Driveway Based on See costs to report repair OTHER O Service Pair STREET LIGHTS O Installation O Energy Charge Contract Number of Number Parcels 09-02 Terms Interest Amount City Rate Assessed Financed 9 10 Years 6.5% $102,850 F.R. $55,520 F.R. $74,645.47 $40,131.87 (F.R. = Feasibility Report) 5-9 City of Eaali Kemp To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: October 5, 2009 Subject: Final Assessment Roll, Project 978 Eagandale/ LeMay Lake - Street Overlay Improvements At the public hearing on January 6, 2009, the City Council ordered Project 978, and in accordance with the feasibility report, the following improvements were constructed in the Eagandale/ LeMay Lake commercial/ high-density residential area: mill and overlay and replacement of traffic and street signage and repair of curb and gutter/ concrete entrance aprons as needed. In the feasibility report, it was proposed to assess 100% of the street overlay and signage and concrete entrance apron improvements to the commercial/ industrial properties and 75% to the high-density 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 978. PROJECT COST The construction cost includes the amount of $83,487.92 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $1,926.95. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $29,362.47 were incurred resulting in an improvement and project cost of $114,777.34. 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 $55,709.20 $19,150.78 $74,859.96 $107,360 Curb & Gutter Repair 21,787.45 7,489.72 29,277.17 $39,950 Concrete Entrance Rep. 7,918.22 $2,721.99 $10,640.21 $11,060 Totals $85,414.87 $29,362.47 $114,777.34 $158,370 1 loo 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 (1 1/4" depth) Sq. Yd. 3,167 0.60 1,900.20 Type LVWE45030B Wearing Course Ton 770.35 49.00 37,747.15 Mixture Bituminous Material for Tack Coat Gal 450 4.00 1,800.00 Adjust Fame & Ring Casting (Manhole) Each 7 350.00 2,450.00 Adjust MH Casting - Riser Adjustment Each 5 165.00 825.00 Adjust Water Valve Box Each 1 110.00 110.00 Repair Gate Valve Mid Section Each 4 155.00 620.00 Repair Gate Valve - Top section w/cover Each 9 170.00 1,530.00 Remove & Replace Frame & Ring Each 3 665.00 1,995.00 Casting Traffic Control L.S. 1 1,315.00 1,315.00 4" Solid Line White L.F. 178 1.05 186.90 8" Solid Line White L.F. 228 2.10 478.80 4" Double Solid Line Yellow L.F. 396 .95 376.20 24" Solid Line White L.F. 32 14.00 448.00 Traffic signs L.S. 1 1,926.95 1,926.95 SUBTOTAL $55,709.20 Other costs @ 34.38% 19,150.78 Mill & Overlay/ Street Sign Cost $74,859.96 ■ CONCRETE ENTRANCE REPAIRS The costs of the concrete entrance apron repaired were computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Remove Concrete Driveway Sq. Yd. 106.8 6.00 $640.80 Select Topsoil Borrow Cu.Yd. 1 21.00 21.00 Type LVWE45030B Wear Course - Ton 5 75.00 375.00 Street Patch Type LVWE45030B Wear Course - Sq. Yd. 5.30 130.00 689.00 Driveways 2 6-I 7" Concrete Driveway Pavement — Sq. Yd. 106.8 $57.65 $6,157.02 Repair Sodding Type Lawn Sq. Yd. 3 8.50 25.50 Compost Ton 0.66 15.00 9.90 SUBTOTAL $7,918.22 Other costs @ 34.38% $2,721.99 Concrete Ent Apron Replace/ $10,640.21 Repair Cost • IMPROVEMENT AND ASSESSMENT RATES High Density Residential - The improvement and assessment rates for high-density residential properties are computed as follows: 1) % HD Residential = 2,650 f.f. / 4,562 (total f.f.) = 58% 2) [$74,859.96 (Mill & Overlay Cost) x 75% x 58%] =$32,564.08 (Total Residential Assessment) 3) $32,564.08 (HD Residential Assessment) - $1,516.02/acre 21.48 Acres HD Residential Commercial/ Industrial - Street —The improvement and assessment rates for commercial/ industrial properties is computed as follows: 1) % Commercial/Industrial = 1,912 f.f. / 4,562 (total f.f.) = 42% 2) [$74,859.96 (Mill & Overlay Cost + Signage Cost) x 100% x 42%] = $31,441.18 [Total Assessment] 3) $31,441.18 (Total CI Assessment) -› $1,957.73 / acre 16.06 Acres Comm/Ind 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 (4 total). The proposed assessment for each property for concrete entrance replacements or repairs, per actual cost of driveway repaired, is proposed as follows: 3010 Eagandale Place: $204.35 3040 Eagandale Place: $391.60 3080 Eagandale Place: $4,250.58 1250-1286 Eagandale Place: $5,793.68 Total $10,640.21 • ASSESSMENT TERMS The assessments are proposed for a term of 10 years for high-density residential and commercial/ industrial properties. The interest rate is 6.5% per annum on the unpaid balance. 3 CITY REVENUES/ RESPONSIBILITY IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Street Resurfacing/ Signs $74,859.96 $64,005.26 $10,854.70 Curb & Gutter Repair 29,277.17 29,277.17 Concrete Entr. Repair 10,640.21 $10,640.21 Total $114,777.34 $74,645.47 $40,131.87 ■ CITY FUND RESPONSIBILITY Major Street Fund: $40,131.87 ?VIA John Gorden P.E. Reviewed Reviewed Public Works Department U Finance Deparlinent 10-15- 09 Date Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I 4 117, .(5 '09 NORTH LONE OAK RD. WPM OM E MI - • • LEGEND Assessment Area Street Improvements Commercial / Industrial - $ 2,061.67 / Acre High Density Residential - $ 1,596.20 / Acre Conc. Driveway Replacement City of Egli Engineering Department Eagandale / LeMay Lake Street Revitalization - Project 978 Final Assessments Combined Assessment Roll Project Number PID 10-22525-010-02 10-22526-010-01 10-22526-011-01 10-22527-010-01 10-22528-010-01 10-22528-011-01 10-22528-020-01 10-22529-011-01 10-22529-012-01 Summary for 'SA_ Sum 10P978 Address Addition Name 3005 Eagandale PI 3040 Eagandale PI 3040 Eagandale PI 1250 Lone Oak Rd 3000 Eagandale PI 3000 Eagandale PI 3010 Eagandale PI 3080 Eagandale PI 3080 Eagandale PI Eagandale Lemay Lake 1st Eagandale Lemay Lake 2nd Eagandale Lemay Lake 2nd Eagandale Lemay Lake 3rd Eagandale Lemay Lake 4th Eagandale Lemay Lake 4th Eagandale Lemay Lake 4th Eagandale Lemay Lake 5th Eagandale Lemay Lake 5th Nbr' = 10P978 (9 detail records) Wednesday, October 14, 2009 Wb Pending Assess 1/6/09 $37,219.00 $7,675.00 $1,805.00 $12,897.00 $3,072.00 $4,632.00 $9,417.00 $4,425.00 $21,691.00 $102,833.00 Variance $11,264.74 $1,931.85 $546.70 $2,600.54 ($158.25) $2,811.31 $2,967.49 ($2,301.46) $8,300.13 $27, 963.05 Proposed Assessment $25,954.26 $5,743.15 $1,258.30 $10,296.46 $3,230.25 $1,820.69 $6,449.51 $6,726.46 $13,390.87 $74, 869.95 Page 1 of 1 Agenda Information Memo October 20, 2009 Eagan City Council Meeting E. PROJECT 979, LEMAY LAKE/ LUNKA ADDITIONS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 979 (LeMay Lake/ Lunka Additions - Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 979 provided for the street improvements of the streets within the LeMay Lake/ Lunka neighborhood in north -central Eagan. • The Final Assessment Roll was presented to the City Council on September 15, 2009, with a public hearing scheduled for October 20 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 34% less than the estimated benefit amounts that were presented at the original Public Hearing on 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 October 13 to address all property owners' questions or concerns and provide any additional information of interest. Of the 70 parcels (30 single-family and 40 townhomes) being assessed, no one attended the meeting. ISSUES: • Kathleen Murphy, 3060 Shields Drive (LeMay Lake Townhomes), is objecting to the method of determining the assessment rates for the townhomes on the per lot equivalent basis, in accordance with the City Special Assessment Policy, and the project feasibility report. She feels the assessment for the townhomes should be calculated on the basis of front footage adjacent to the improved streets in the neighborhood. • The City's Special Assessment Policy provides for townhome assessments at a 75% rate of a single-family lot within the project area, generally based upon the amount of traffic generated by those two land uses. This basis of assessment calculation is consistent with numerous similar past project assessments. ATTACHMENTS: 22 • Final Assessment Report, pages&Q7 through/ . • ptter of Objection, Kathleen Murphy - 3060 Shields Drive, #106, page* and FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 979 Assessment: October 20, 2009 Name: LeMay Lunka Project Approval Date: January 6, 2009 Street Improvements Final Feasibility Rate Report Units SANITARY SEWER [3 Trunk ❑ Lateral ❑ Service [3 Lat. Benefit/trunk STORM SEWER O Trunk Final Feasibility Rate Report Units WATER ❑ Trunk [3 Lateral ❑ Service ❑ Lat. Benefit/trunk ❑ WAC STREET 0 Gravel Base EI Surf./ Signs - $590.88 $904 /SF Lot Single -Family Townhome $443.16 $678 / TH Lot ❑ C/I Equiv. ❑ Driveway OTHER [3 Service Pair Contract Number 09-02 Number of Parcels 70 Terms 5 Years STREET LIGHTS O Installation ❑ Ener• Char • e Interest Rate 6.5% Amount Assessed $54,250 F.R. $35,452.93 City Financed $109,060 F.R. $78,722.58 (F.R. = Feasibility Report) 41,b1 City of Eap VeMo To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: September 15, 2009 Subject: Final Assessment Roll, Project 979 LeMay Lake/ Lunka Additions - Street Overlay Improvements At the public hearing on January 6, 2009, the City Council ordered Project 979, 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 LeMay Lake/ Lunka Additions 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 979. PROJECT COST The construction cost includes the amount of $79,203.22 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $2,667.33. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $32,304.96 were incurred resulting in an improvement and project cost of $114,175.51. 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 $56,618.78 $22,340.97 $78,959.75 $120,820 Curb & Gutter Repair 25,251.77 9,963.99 35,215.76 $42,490 Totals $81,870.55 $32,304.96 $114,175.51 $163,310 1 cae 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 q uantities: ITEM UNIT EXTENDED UNIT QTY PRICE COST Mobilization L.S. 1 $2,000.00 $2,000.00 Mill bituminous pavement (1 '/4" Sq. Yd. 4,231 0.60 2,538.60 depth) Type LVWE45030B Wearing Course Ton 849.65 49.00 41,632.85 Mixture Bituminous material for tack coat Gal. 550 4.00 2,200.00 Adjust water valve box EA 1 110.00 110.00 Adjust manhole casting — riser Each 4 165.00 660.00 Remove & Replace Frame & Ring Each 5 665.00 3,325.00 Casting Repair gate valve top section w/ cover Each 1 170.00 170.00 Traffic signs L.S. 1 2,667.33 2,667.33 Traffic Control L.S. 1 1,315.00 1,315.00 SUBTOTAL $56,618.78 Other costs @ 39.46% $22,340.97 Mill & Overlay/ Street Sign Cost $78,959.75 • IMPROVEMENT AND ASSESSMENT RATES Low Density Residential - The improvement and assessment rates for the 60 residential lot equivalent properties (30 single-family lots, 40 townhomes at 0.75 lot equivalent) is computed as follows: 1) 5,742 Residential Front Footage/6,396 Total Front Footage = 89.3% 2) $78,959.75 (Total Mill & Overlay/ Sign Cost) x 50% x 89.3% = $35,452.93 Residential Assessment (R1, 2, 3) 3) $35,452.93 (Residential Assessment) -i $590.88/ lot 60 Equivalent Single Family Residential Lots 4) Town house => 75% of a SF Lot (0.75 x $590.88/ lot) = $443.16/ Townhouse Unit Note:Approximately 10.7% (654 feet) of property frontage adjacent to the street improvement is Pilot Knob Road right-of- way and un -assessable. 2 0' • 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 $78,959.75 $35,452.93 $43,506.82 Curb & Gutter Repair 35,215.76 35,215.76 $114,175.51 $35,452.93 $78,722.58 Total • CITY FUND RESPONSIBILITY Major Street Fund: $78,722.58 John Gorder, P.E. Reviewed Public Works Department Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I Reviewed Finance De . . rtment (0`(? -c Date 7D NORTH u LONE OAK RD. LEGEND — — Assessable Area Single Family - $ 590.88/ Lot Townhome - $ 443.16/ Unit Street Overlay V/4 / 3106 City of Eaftal Engineering Department LeMay Lake Hills / Lunka Street Revitalization - Project 979 7/ Final Assessments Combined Assessment Roll Project Number 10P979 PID 10-01000-010-30 10-01000-010-31 10-01000-010-32 10-01000-030-30 10-01000-032-31 10-01000-033-31 10-01000-040-30 10-01000-050-30 10-01000-060-30 10-20960-010-01 10-20960-020-01 10-20960-030-01 10-20960-040-01 10-20960-050-01 10-33400-010-01 10-33400-020-01 10-44650-010-01 10-44650-010-02 10-44650-010-03 10-44650-020-01 10-44650-020-02 10-44650-020-03 10-44650-030-02 10-44650-040-02 10-44650-050-02 10-44651-020-01 10-44651-030-01 10-44651-040-01 10-44651-050-01 10-44651-060-01 10-44651-070-01 10-44651-120-01 10-44651-130-01 10-44651-140-01 10-44651-150-01 10-44651-160-01 10-44651-170-01 10-44651-240-01 10-44651-250-01 Address 3106 1330 3130 1340 1320 1305 1349 1381 3120 Pilot Knob Rd Towerview Rd Pilot Knob Rd Towerview Rd Towerview Rd Towerview Rd Quarry Lane Quarry Lane Pilot Knob Rd 1382 Quarry Lane 1374 Quarry Lane 1366 Quarry Lane 1358 Quarry Lane 1350 Quarry Lane 1335 Towerview Rd 1329 Towerview Rd 3085 Shields Dr 1375 Towerview Rd 3015 Shields Dr 3095 Shields Dr 1365 Towerview Rd 1396 Lone Oak Rd 1351 Towerview Rd 1345 Towerview Rd 1339 Towerview Rd 3030 Shields Dr 3030 Shields Dr 3030 Shields Dr 3030 Shields Dr 3030 Shields Dr 3030 Shields Dr 3040 Shields Dr 3040 3040 3040 3040 3040 3050 3050 Shields Dr Shields Dr Shields Dr Shields Dr Shields Dr Shields Dr Shields Dr Wednesday, October 14, 2009 Addition Name Section 10 Section 10 Section 10 Section 10 Section 10 Section 10 Section 10 Section 10 Section 10 Donnywood Donnywood Donnywood Donnywood Donnywood Holmes Holmes Lemay Lake Hills Lemay Lake Hills Lemay Lake Hills Lemay Lake Hills Lemay Lake Hilis Lemay Lake Hills Lemay Lake Hills Lemay Lake Hills Lemay Lake Hills Lemay Lake Hills Townhomes Lemay Lake Hills Townhomes Lemay Lake Hills Townhomes Lemay Lake Hills Townhomes Lemay Lake Hills Townhomes Lemay Lake Hills Townhomes Lemay Lake Hills Townhomes Lemay Lake Hills Townhomes Lemay Lake Hilis Townhomes Lemay Lake Hills Townhomes Lemay Lake Hills Townhomes Lemay Lake Hilis Townhomes Lemay Lake Hills Townhomes Lemay Lake Hills Townhomes Pending Assess 1/6/09 $904.00 $904.00 $904.00 $904.00 $904.00 $904.00 $904.00 $904.00 $904.00 $904.00 $904.00 $904.00 $904.00 $904.00 $904.00 $904.00 $904.00 $904.00 $904.00 $904.00 $904.00 $904.00 $904.00 $904.00 $904.00 $678.00 $678.00 $678.00 $678.00 $678.00 $678.00 $678.00 $678.00 $678.00 $678.00 $678.00 $678.00 $678.00 $678.00 Variance Proposed Assessment $313.12 $590.88 $313.12 $590.88 $313.12 $590.88 $313.12 $590.88 $313.12 $590.88 $313.12 $590.88 $313.12 $590.88 $313.12 $590.88 $313.12 $590.88 $313.12 $590.88 $313.12 $590.88 $313.12 $590.88 $313.12 $590.88 $313.12 $590.88 $313.12 $590.88 $313.12 $590.88 $313.12 $590.88 $313.12 $590.88 $313.12 $590.88 $313.12 $590.88 $313.12 $590.88 $313.12 $590.88 $313.12 $590.88 $313.12 $590.88 $313.12 $590.88 $234.84 $443.16 $234.84 $443.16 $234.84 $443.16 $234.84 $443.16 $234.84 $443.16 $234.84 $443.16 $234.84 $443.16 $234.84 $443.16 $234.84 $443.16 $234.84 $443.16 $234.84 $443.16 $234.84 $443.16 $234.84 $443.16 $234.84 $443.16 Page 1 of 2 Combined Assessment Roll Project Number 10P979 PID Address Addition Name 10-44651-260-0 10-44651-270-0 10-44651-280-0 10-44651-290-0 10-44651-300-0 10-44651-310-0 10-44651-380-01 10-44651-390-01 10-44651-400-01 10-44651-410-01 10-44651-420-01 10-44651-430-01 10-44651-440-01 10-44651-450-01 10-44651-460-01 10-44651-470-01 10-44651-480-01 10-44651-490-01 10-44651-540-01 10-44651-550-01 10-44651-560-01 10-44651-570-01 10-44651-580-01 10-44651-590-01 10-44651-600-01 10-44651-610-01 10-46300-010-01 10-46300-020-01 10-62700-010-01 10-62700-020-01 10-75200-010-01 Summary for 'SA Sum 1 3050 Shields Dr Lemay Lake Hills Townhomes 1 3050 Shields Dr Lemay Lake Hills Townhomes 1 3050 Shields Dr Lemay Lake Hills Townhomes 1 3050 Shields Dr Lemay Lake Hills Townhomes 1 3050 Shields Dr Lemay Lake Hills Townhomes 1 3050 Shields Dr Lemay Lake Hills Townhomes 3060 Shields Dr Lemay Lake Hills Townhomes 3060 Shields Dr Lemay Lake Hills Townhomes 3060 Shields Dr Lemay Lake Hills Townhomes 3060 Shields Dr Lemay Lake Hills Townhomes 3060 Shields Dr Lemay Lake Hills Townhomes 3060 Shields Dr Lemay Lake Hills Townhomes 3070 Shields Dr Lemay Lake Hills Townhomes 3070 Shields Dr Lemay Lake Hills Townhomes 3070 Shields Dr Lemay Lake Hills Townhomes 3070 Shields Dr Lemay Lake Hills Townhomes 3070 Shields Dr Lemay Lake Hills Townhomes 3070 Shields Dr Lemay Lake Hills Townhomes 3080 Shields Dr Lemay Lake Hills Townhomes 3080 Shields Dr Lemay Lake Hills Townhomes 3080 Shields Dr Lemay Lake Hills Townhomes 3080 Shields Dr Lemay Lake Hills Townhomes 3080 Shields Dr Lemay Lake Hills Townhomes 3080 Shields Dr Lemay Lake Hills Townhomes 3080 Shields Dr Lemay Lake Hills Townhomes 3080 Shields Dr Lemay Lake Hills Townhomes 1386 Towerview Rd Lunka 1380 Towerview Rd Lunka 1325 Quarry Lane R & R 1335 Quarry Lane R & R 1386 Lone Oak Rd Tara Court Nbr' = 10P979 (70 detail records) Wednesday, October 14, 2009 Pending Assess 1/6/09 $678.00 $678.00 $678.00 $678.00 $678.00 $678.00 $678.00 $678.00 $678.00 $678.00 $678.00 $678.00 $678.00 $678.00 $678.00 $678.00 $678.00 $678.00 $678.00 $678.00 $678.00 $678.00 $678.00 $678.00 $678.00 $678.00 $904.00 $904.00 $904.00 $904.00 $904.00 $54,240.00 Variance $234.84 $234.84 $234.84 $234.84 $234.84 $234.84 $234.84 $234.84 $234.84 $234.84 $234.84 $234.84 $234.84 $234.84 $234.84 $234.84 $234.84 $234.84 $234.84 $234.84 $234.84 $234.84 $234.84 $234.84 $234.84 $234.84 $313.12 $313.12 $313.12 $313.12 $313.12 $18, 787.20 Proposed Assessment $443.16 $443.16 $443.16 $443.16 $443.16 $443.16 $443.16 $443.16 $443.16 $443.16 $443.16 $443.16 $443.16 $443.16 $443.16 $443.16 $443.16 $443.16 $443.16 $443.16 $443.16 $443.16 $443.16 $443.16 $443.16 $443.16 $590.88 $590.88 $590.88 $590.88 $590.88 $35, 452.80 Page 2of2 October 15, 2009 John P. Gorder Assistant City Engineer City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Mr. Gorder, Thank you for discussing the recently completed Street Revitalization Improvement Project 979 with me. I very much appreciate your assistance and open communication. The purpose of this letter is to formally request a revision of the proposed assessment costs outlined in your letter of September 28, 2009. As discussed, I will be attending the City of Eagan Council Meeting on October 20th to request that the City Council members order a revision of the proposed assessment costs. I will bring signatures from the other 40 Lemay Lake Townhome Association Homeowners that are also in favor of a revision. Here is a summary of the reason for the requested revision. When you spoke to the Lemay Lake Townhome Association at our annual homeowners meeting in the spring of 2009, I asked you why you were even redoing Shields Drive when it was still in very good condition and certainly in much better condition than other streets in the neighborhood. You replied that you intentionally work on several streets at one time in order to bring the costs down, so that it will be less expensive for us than if you just did Shields Drive alone. However, in reviewing the numbers in your letter of September 28th and discussing this with you on the phone, your intention for the Lemay Lake Townhome Association Homeowners is not working out as you had promised. If you had just completed Shields Drive, you acknowledge that the cost would be only $170 per townhome owner. However when you add Shields Drive to Towerview Road and Quarry Lane, you have now proposed an assessment cost of $443 per townhome owner, which is $273 more than the true cost of $170 per townhome owner. Therefore, instead of saving money, you are now proposing that we actually pay more than double the true cost of $170. This additional $273 would be an extremely unfair subsidy of the single-family homes on Towerview and Quarry. It is unfair and unreasonable to request that the Lemay Lake Townhome Homeowners (who live in an association to achieve a more economical way of life) subsidize larger single-family homes, some of which have lots, which are larger than the entire size of one of our 6 and 8 unit buildings. ly As an Eagan resident since 1995, I feel fortunate to live in Eagan and find that our city is very well managed. I am optimistic that the City of Eagan Council Members and you, John Gorder and the Lemay Lake Townhome Association, can all work together to achieve revised assessment rates, which will be fair and equitable and consistent with what was communicated to us in the spring of 2009. Sincerely, Kathleen M. Murphy Former President, Lemay Lakes Townhome Association 3060 Shields Drive #106 Eagan, Minnesota 55121 '%S Agenda Information Memo October 20, 2009 Eagan City Council Meeting F. PROJECT 1001, OPPERMAN DRIVE STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1001 (Opperman Drive - Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1001 provided for the street improvements of Opperman Drive, a commercial/ industrial street in east Eagan. • The Final Assessment Roll was presented to the City Council on September 15, 2009, with a public hearing scheduled for October 20 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 7% less than the estimated benefit amounts that were presented at the original Public Hearing on 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 October 13 to address all property owners' questions or concerns and provide any additional information of interest. Of the 5 parcels (all guided commercial/ industrial) being assessed, 1 person representing 1 property attended the meeting. ATTACHMENTS: • Final Assessment Report, pages throu • Informational Meeting Minutes, page and FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 1001 Assessment: October 20, 2009 Name: Opperman Drive Project Approval Date: December 1, 2008 Street Improvements Final Feasibility Rate Report Units SANITARY SEWER ❑ Trunk O Lateral O Service ❑ Lat. Benefit/trunk STORM SEWER 0 Trunk Final Feasibility Rate Report Units WATER ❑ Trunk [3 Lateral ❑ Service ❑ Lat. Benefit/trunk ❑ WAC STREET ❑ Gravel Base ❑ Surf./ Signs ❑ C/I Equiv. $24.08 $25.78 / F.F. RI Concrete Entrance Cost to 86 S.Y. install OTHER O Service Pair STREET LIGHTS ❑ Installation ❑ Energy Charge Contract Number of Interest Amount City Number Parcels Terms Rate Assessed Financed 09-01 5 10 Years 6.5% $94,480 F.R. $69,680 F.R. $94,434.72 $46,173.64 (F.R. = Feasibility Report) -77 41,1166 City of Eagan Kano To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: September 15, 2009 Subject: Final Assessment Roll, Project 1001 Opperman Drive - Street Overlay Improvements At the public hearing on December 1, 2008, the City Council ordered Project 1001, and in accordance with the feasibility report, the following improvements were constructed: mill and overlay and replacement of traffic and street signage, replacement of curb and gutter/ concrete entrance aprons as needed, and a bituminous trail for Opperman Drive. In the feasibility report, it was proposed to assess 100% of the street overlay and signage and concrete entrance apron improvements to the commercial/ industrial properties 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 1001. PROJECT COST The construction cost includes the amount of $92,524.16 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $4,114.02. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $43,970.18 were incurred resulting in an improvement and project cost of $140,608.36. 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 $41,494.36 $18,879.85 $60,374.21 $64,630 Curb & Gutter Repair 12,540.25 5,705.79 18,246.04 $29,990 Concrete Entrance Repair 23,409.32 • 10,651.19 34,060.51 $29,850 Trail 19,194.25 8,733.35 27,927.60 39,690 Totals $96,638.18 $43,970.18 $140,608.36 $164,160 1 -zg 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: UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization L.S. 0.04 $36,500.00 $1,460.00 Mill bituminous pavement 1 '/4" depth Sq. Yd. 1,978 0.55 1,087.90 Type LVWE45030B Wearing Course Ton 598.59 49.00 29,330.91 Mixture Bituminous material for tack coat Gal. 250 4.00 1,000.00 Adjust Frame & Ring Casting (manhole) Each 3 350.00 1,050.00 Adjust Manhole Casting - Riser Each 3 165.00 495.00 Adjust Water Valve Box Each 2 110.00 220.00 Repair Gate Valve Mid Section Each 1 155.00 155.00 Repair Gate Valve Top Section w/cover Each 170 3.00 510.00 Traffic Control L.S. 0.04 24,745.00 989.80 4" Solid Line White - epoxy L.F. 0.22 1,644.00 361.68 4" double solid line yellow L.F. 1,129 0.45 508.05 24" Solid Line yellow L.F. 40 5.30 212.00 Traffic signs L.S. 1 4,114.02 4,114.02 SUBTOTAL $41,494.36 Other costs @ 45.50% 18,879.85 Mill & Overlay/ Street Sign Cost $60,374.21 ■ CONCRETE ENTRANCE REPLACEMENT/ 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 curb & gutter L.F. 207 $5.00 $1,035.00 Remove bituminous pavement S.Y. 254.11 2.50 635.28 Remove concrete valley gutter S.Y. 81.96 6.00 491.76 Common excavation Cu. Yd. 45 22.00 990.00 Select topsoil borrow Cu. Yd. 6 21.00 126.00 Aggregate base, Cl. 5 Ton 20.49 14.00 286.86 Type LVWE45030B Wear Course - Street Ton 10.00 75.00 750.00 Patch Type LVWE45030B Wear Course - Ton 9.75 130.00 1,267.50 Driveways Repair sprinkler system Each 4 165.00 660.00 Concrete curb and gutter L.F. 46 15.00 690.00 2 -2q 7" Concrete Driveway Pavement S.Y. 370.08 $42.85 $15,857.93 Sodding, Type Lawn S.Y. 82.00 7.00 574.00 Compost Grade 1 Ton 3 15.00 45.00 SUBTOTAL $23,409.32 Other costs @ 45.50% $10,651.19 Concrete Entrance Apron Repair Cost $34,060.51 • IMPROVEMENT AND ASSESSMENT RATES Commercial/ Industrial - Street — All benefiting properties are zoned or guided commercial/ industrial. The improvement and assessment rates for these properties are computed as follows: 1) [$60,374.21 (Mill & Overlay Cost + Signage Cost) x 100%] = $60,374.21 [Total Assessment] 2) $60,374.21 (Total Commercial/ Ind Assessment) -i $24.08 / front foot 2,507 Front Feet Commercial/ Industrial — Concrete Entrance Apron Replacement - Assessment costs will be allocated to benefitting properties based on the individual entrance replacement costs for each commercial/ industrial property. The proposed assessment rate for each property for concrete entrance replacement, per area of driveway repaired, is proposed as follows. The new concrete entrance to the YMCA (550 Opperman Drive) installed and paid for under an agreement with Metropolitan Council — Environmental Services, as an agent for the YMCA : 555 Opperman Drive: $26,928.31 1 550 Opperman Drive: $7,132.20 Total: $34,060.51 { 1 • 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 IMPROVEMENT COST REVENUE Street Resurfacing/ Signs $60,374.21 $60,374.21 CITY RESPONSIBILITY Curb & Gutter Repair 18,246.04 18,246.04 Concrete Entrance Repl. 34,060.51 34,060.51* Trail 27,927.60 27,927.60 Total $140,608.36 $94,434.72 $46,173.64 *Note: Includes $7,132.20 already paid by MCES for driveway work to YMCA 3 ga ■ CITY FUND RESPONSIBILITY o Major Street Fund: $46,173.64 John Gorder, PSE. Reviewed Reviewed Public Works Department tO—t5-09 Finance Depart ent Date Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant 4 Mk rn 0 0 N 0 6 Combined Assessment Roll Project Number PA1001 Pending Assess Proposed PID Address Addition Name 12/1/08 Variance Assessment 10-01300-020-03 3575 Delaware Tr Section 13 $5,414.00 $357.20 $5,056.80 10-40950-020-00 3504 Dodd Rd KSTP $515.00 $33.40 $481.60 10-80201-010-01 U P S 2nd $58,724.00 $4,826.09 $53,897.91 10-87000-011-00 YMCA 1st $13,277.00 $866.80 $12,410.20 10-87001-010-01 550 Opperman Dr YMCA 2nd $16,550.00 $1,090.64 $15,459.36 Summary for 'SA_Nbr' = PA1001 (5 detail records) Sum $94,480.00 $7,174.13 $87,305.87 Wednesday, October 14, 2009 Page 1 of 1 OPPERMAN DRIVE STREET IMPROVEMENTS CITY PROJECT NO 1001 INFORMATIONAL NEIGHBORHOOD MEETING — FINAL ASSESSMENTS TUESDAY, OCTOBER 13, 2009 4:00 P.M. CONFERENCE ROOM 1 Attendance: John Gorder, Assistant City Engineer; 1 persons representing 1 property (see attached sign -in sheet). Gorder welcomed the residents and provided a brief project review. Questions/ Comments from Residents • The resident at 3575 Argenta Trail is opposed to the commercial/ industrial zoning classification assessment rate proposed for his residential use property as part of this project. He stated that his property was already assessed a large amount with the original construction. In accordance with the City Special Assessment Policy, this property has a proposed assessment rate according to the current zoning of the property (i.e. commercial/ industrial). The resident may qualify for an age deferral of the assessment. The property paid approximately $7,500 for an assessment associated with the original Opperman Drive construction. The meeting adjourned at 4:15 p.m. g4} C!ty ofEapn NA 6 NEIGHBORHOOD MEETING Opperman Drive City Project 1001 Tuesday, October 13, 2009 4:00 p.m. ADDRESS }Jr -7X 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:\Forms\Sian-In Sheets\SIGN-IN.SHT & loao.doc qs. Agenda Information Memo Board of Adjustment & Appeals Meeting October 20, 2009 VI. BOARD OF ADJUSTMENTS AND APPEALS A. CONSIDER SETTING PUBLIC HEARING — APPEAL STAFF DECISION — RICHFIELD BLACKTOP CUP Under the City Code, the City Council members also serve as the City's Board of Adjustments and Appeals. The purpose of the Board is to hear matters in which someone wishes to formally dispute a code interpretation or determination by City staff. In order to consider this business item, the Council will convene the Board of Adjustments and Appeals and act in that capacity in its deliberations and action. The Board of Adjustments and Appeals will adjourn following its action on this item. ACTION TO BE CONSIDERED: To schedule a public hearing on November 5, 2009 to consider an appeal of City staff decision regarding Richfield Blacktop Conditional Use Permit for 3206 Sibley Memorial Highway. OR To adopt a Resolution denying consideration of an appeal. REQUIRED VOTE FOR APPROVAL: At least four votes to schedule a hearing. FACTS: ➢ Richfield Blacktop was granted approval for a Conditional Use Permit (CUP) on December 4, 1996 that allowed outdoor storage of various items. ➢ On April 10, 1997, staff approved the site plan and issued the CUP on April 11, 2007. The approved site plan was presented to and reviewed by the Eagan Planning Commission and City Council at the time of consideration of the CUP. ➢ On May 30, 2008, Millers' attorney, Mark Thieroff, inquired with staff if a CUP was required for "stockpiling of gravel" on the Property and if so, if a CUP was in effect for such use. City staff responded with its determination that a CUP was required and that the CUP permits the storage of gravel for driveway base on the Property. ➢ A year later, in May 2009, City staff received an email from Mr. Thieroff inquiring of material stored outdoors on the Property and again inquired if storage of gravel was permitted. Code enforcement determined no violation existed on the property and reiterated to Mr. Thieroff that outdoor storage of gravel was permitted under the current CUP. g Q ➢ Thereafter, Mr. Thieroff communicated to staff and the City Attorney that the Millers disagreed with the staff's determination and that they believed the property remained in violation of the CUP. The City Attorney sent three letters to Mr. Thieroff (May 20, 2009; June 26, 2009; and July 15, 2009) confirming the staff's determination which was stated to Mr. Thieroff in May 2008. ➢ On October 9, 2009, Mr. Thieroff, on behalf of Ronald and Barbara Miller, a request to appeal of staff's determination that outdoor storage of gravel (driveway base) is permitted under the CUP to the Board of Adjustments and Appeals. ➢ Issues to be considered: o Was the appeal submitted within the timeline prescribed by the City Code? o If the appeal is to be reviewed, the Board should schedule a public hearing for that purpose on November 5, 2009. ACTION DEADLINE: December 8, 2009 — 60 days from receipt of appeal ATTACHMENTS (4): ➢ Location Map on page ep )=.Miller's Request for Appeal, dated October 9, 2009 on pages through (Due to length, attorney Thieroff's exhibits are not attached but are provi ed to the Counci w/out page number.) ➢ Staff's Memorandum: Supplemental Record Documents on pagesRS—through 1111 ➢r esolution denying consideration of appeal for untimely filing of appeal on pages �hrough (J7 Location Map Eagan Boundary Right-of-way I I Parcel Area Park Area t 7 I Building Footprint Li/ Iwo o toe AV ILNI Qo'Q&l i PIM 0 .1 MT2 III!! Arnim sill am v ;° 0 r I .0 0 0 ® P o d l V 0 P b o 1- 'q,. o r ������p ••••,, -1 Plinilli , Mir ear k111t:i91It . .- 1 VW o A_ g a I °� d` 0 d- /Mao, a T. T. o � e _ �_o_paalga qQao O C'' p ` t:), ®-® rz 00 ,t2?, . 4 NhAr o o y R,,1� .� :r• .moo ��� % C.) '3' '(C: i 0 izmim G ( ° mil MEI Site °� fl ♦ O x,,:00 Sub ect 0 lip 0 0 ills ® _ Q m ) \ r,=, cg CD =I 4w....� ..Arnrd(.wNwtc C, . 131 G �� �.tl,�,;Q'(IB VS xAL�..1'* \ 40 In 0 Pio .� 1000 Clist.: 0 "1l I' ' VE a 1000 2000 Feet Development/Developer: 3206 Sibley Memorial Highway Application: Case No.: 4411 City of Eapp 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. N w E s OCT 0 9 2009' 1300 Washington Square 100 Washington Avenue South Minneapolis, Minnesota 55401 T (612) 337-6100 F (612) 339-6591 siegelbrill.com October 9, 2009 Members of the Board of Adjustment City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 SIEGEL BRILL GREUPNER DUFFY & FOSTER P.A. MARK THIEROFF 612-337-6102 marIcthieroff@sbgdf.com Re: City Staff decision relating to 3206 Sibley Memorial Highway Our File No. 24,699 -MT Members of the Board of Adjustment: Via Messenger We represent Ronald and Barbara Miller, who reside at 3217 Donald Avenue. This letter constitutes the Millers' appeal from a decision of City staff made on July 15, 2009, relating to the conditional -use permit issued for the property located at 3206 Sibley Memorial Highway ("the Property"). The Property is owned by Heritage Investments, Inc., Heritage and Richfield Blacktop operates its business from the Property. The decision at issue In May of this year, the Millers contacted the City to report that gravel had been dumped and was being stored on the Property in violation of City ordinances. (See Tab 1.) The Millers' residence borders the Property to the east, and gravel storage on the Property significantly impacts the Millers' quality of life, due to the resulting dust and the excessive noise generated by the loading and unloading of the gravel. The Millers asked the City to take enforcement action necessary to stop this activity. Following an exchange of correspondence (Tabs 2-5), the City Attorney communicated the City's final decision in a letter dated July 15, 2009 ("the Decision") (Tab 6). According to the Decision, gravel may be stored on the Property pursuant to a conditional use permit approved in 1996 ("the CUP") (Tab 7). Why the Board of Adjustment should reverse the Decision and make a finding that 1996 Conditional Use Permit does not allow storage of gravel on the Property. The Board of Adjustment should reverse the Decision for two reasons. First, the CUP does not allow and never did allow outdoor storage of gravel on the Property and currently permits only the outdoor storage of vehicles. Second, even if the CUP had gq October 9, 2009 Page 2 allowed storage of gravel on the Property at the time of its approval, that use has since lapsed through non-use. 1. The CUP does not allow outdoor storage of gravel or asphalt tailings on the Property. The CUP permitted "outdoor storage of vehicles and landscaping materials." Richfield Blacktop had at one time pursued or intended to pursue a landscaping business, and the CUP allowed it to store landscaping materials on the Property in concrete bins to be placed in the northeastern portion of the property. The CUP makes no mention of and does not permit storage of gravel on the Property. That activity accordingly is not permitted on the Property. Notwithstanding the fact that the CUP is silent on the storage of gravel on the Property, City staff maintain that gravel storage is permitted because a site plan submitted to the City in connection with the CUP includes an area labeled "driveway base area." According to staff, this designation on the site plan renders gravel storage a permitted use under the CUP. That argument is flawed, for at least two reasons. First, a site plan cannot authorize that which is not authorized by the permit itself. Indeed, the CUP itself states plainly that the site plan must "reflect[] the various uses on the property as approved in this Conditional Use Permit." The CUP does not approve outdoor storage of gravel. While it did approve the outdoor storage of "landscape materials," the City has acknowledged that that portion of the CUP lapsed through non- use (Tab 8). Second, even if a use could be approved through mere inclusion on a site plan, that use would still be subject to public notice and hearing, which does not appear to have occurred in this case. We have found no evidence that the public was notified that the City had before it and would act upon a request for a CUP for the outdoor storage of gravel. Without notice and public hearing on that proposed use, the City cannot authorize that use . In weighing these issues, the Board of Adjustment should know that City staff and the City Attorney in particular have previously maintained that gravel may not be stored on the Property. In 2006, for example, the City took steps to enforce numerous code and CUP violations on the Property, including the storage of gravel. In the context of that enforcement action, the City Attorney wrote the following to a City code enforcement officer: While the most glaring violation was the storage of gravel, bricks, and asphalt, all violations needed to be raised in the letter so the property can be in full compliance with all CUP and Code requirements. October 9, 2009 Page 3 (See Email attached to Letter at Tab 5.) It is incomprehensible to the Millers how City staff can take one position on this issue in 2006 and now take the exact opposite position on the same issue. 2. Even if the CUP did allow outdoor storage of gravel on the Property in the past that use has lapsed through non-use. Even assuming the CUP as approved allowed the outdoor storage of gravel (which it did not), the Decision was incorrect and should be reversed because that conditionally -permitted use would have since lapsed. Section 11.50, subd. 4I, of the City Code provides that "[i]f the conditional use is discontinued for six months, the conditional use permit shall be null and void." Staffs position is that the authority for the storage of gravel on the property is the designation of a "driveway base area" on the 1996 site plan submitted in connection with the CUP. But at no time in the six months preceding the Millers' complaint in May of this year—or during the five months that have elapsed since then—has any gravel been stored in the "driveway base area" shown on the site plan. Rather, the gravel was stored in the northeast corner of the Property at the time of the Millers' complaint (and has been recently stockpiled in the southeast corner of the Property). If the City were to allow, unlawfully, an activity that was never approved in the CUP itself, and never subject to notice and hearing, based solely on the fact that the landowner drew it on a site plan, the City would, at a minimum, have to limit that activity to the area designated for it on the site plan. But because no gravel has ever been stored in the "driveway base area," and certainly not for at least six months, even a "permitted" use on the basis of the site plan would have already lapsed. The Board of Adjustment should also reverse the ad hoc decision of City staff to allow storage of asphalt on the Property. As discussed above, and as set forth in the enclosed documents, the Millers' complaint in May of this year related to one issue: the storage of gravel on the Property. The Millers raised no other issues at that time. The Millers were therefore very surprised when in the second round of correspondence on this issue the City Attorney suddenly expanded the issue to storage of "gravel and/or ... asphalt tailings." (See Tab 4.) It is obvious to the Millers that the City Attorney injected this issue into the dispute after consulting with Richfield Blacktop. The City Attorney informed the Millers that this storage activity, too, is authorized by the CUP. This decision has no basis in law or fact. Not only does the CUP say nothing about storage of asphalt, even the site plan on which the City relies for its position on gravel storage includes no reference to asphalt. Moreover, the City has previously found the Property owner to be in violation of the CUP for storing asphalt on the Property. In 2006, the City sent Heritage a violation notice containing the following statement: ql October 9, 2009 Page 4 [I]nspection of the property also revealed that you are storing gravel, paving bricks, unused/excess job asphalt and fine material asphalt on the site. Also, I observed a large pile of dirt/waste located outside the storage bins. The storage of the unused/excess job -site asphalt and the fine material asphalt on the property is a violation of the conditional use permit and the City Code as those materials do not constitute "landscape materials." In order to bring the property into compliance, you must remove the unused/excess job site asphalt and fine material asphalt from the site and cease from any further storage of those materials on the site. Additionally, the conditional use permit does not permit earth material removed from jobs sites in connection with the Richfield Blacktop operation to be stored on the site. ... Please be advised that your property is zoned General Business, which permits office uses and outdoor storage of items provided a conditional use permit is issued. While it is a permitted use of the property that you operate Richfield Blacktop business operations, it is not permitted under City Code for you to run the actual operational components of the asphalt blacktop services of the business on the site. The storage of used asphalt/blacktop and asphalt -related materials in connection with providing blacktop services constitutes a use which is neither permitted, conditional or accessory for a General Business zoned property under the City Code. (See Letter from Mary Granley to Tim and Lynn Hilde, attached to Letter at Tab 5.) Thus, in contrast to the position it is now taking with the Millers, City staff (acting on the advice of the City Attorney) has previously acknowledged (1) that "landscape materials" are the only materials that could be stored on the property under the CUP (a use that has since lapsed) and (2) that the storage of asphalt and asphalt -related materials is specifically not permitted on the property. Finally, even if asphalt storage had in some way been permitted by a CUP at some point in the past (it was not), that use, too, would have lapsed through non-use. On February 22, 2008, Tim Hilde, vice president of Heritage gave sworn testimony in a deposition taken in a lawsuit that Heritage had brought against the Millers. Mr. Hilde testified in his individual capacity and as the corporate designee of Heritage. (In other words, his testimony was the testimony Heritage, legally speaking.) At the deposition, Mr. Hilde testified as follows: 4� October 9, 2009 Page 5 Q. ... So have there been no landscaping materials on the property since that initial couple -month period start? A. (Mr. Hilde) No. Q. No, there haven't? A. No, there has not. Materials relating to my business only. Q. Can you tell me what those materials are? A. Class 5 base. Q. Okay. That's gravel? A. Yep. Q. Anything else? A. Leftover asphalt. That's all. Q. Have you had any communications from the city regarding the asphalt storage? A. Yes. Q. Can you tell me about the nature of those communications? A. They told us to stop. Q. How long ago was that? A. Six to nine months ago? Q. Okay. And did you stop? A. Yes. (See extract of deposition transcript attached to Letter at Tab 5.) October 9, 2009 Page 6 This sworn testimony demonstrates conclusively that any CUP that may have once allowed asphalt storage on the Property (and Hilde testified the City told him not to do it) had already lapsed by the time of Hilde's February 2008 deposition, through the "six to nine" months of non-use. For City staff to continue to insist otherwise appears to the Millers as simple bad faith. In light of the foregoing, the Millers request that the Board of Adjustment accept this appeal, schedule and conduct the necessary public hearing and then adopt a resolution reversing the Decision and expressly finding that neither gravel nor asphalt may be stored on the Property. If the appeal is not accepted, this letter will constitute the Millers' exhaustion of administrative remedies. Thank you for your consideration. Very truly ours, Mark Thie MT/gkh Enclosures cc: Ronald and Barbara Miller Jon Hohenstein (via email) (w/o attachments) SSeverson, Sheldon, Dougherty & Molenda, P.A. EVERSON SHELDON Attorneys 1 Advisors MEMORANDUM TO: Maria Petersen, City Clerk FROM: City Attorneys' Office DATE: October 15, 2009 RE: Board of Adjustment and Appeals Ronald and Barbara Miller — Appeal Applicants City Staffs Supplemental Record Documents In connection with the Board of Adjustment and Appeals' consideration at its October 20, 2009 meeting in regard to Ronald and Barbara Miller's appeal, I submit the additional records attached hereto as Exhibits 1 through 5, which are true and correct copies of e-mail communications between City staff and the Millers' legal counsel, Mark Thieroff and correspondence from Eagan City Attorneys' office to Mr. Thieroff. A brief synopsis of the e-mail communications and letters attached as Exhibits 1 to 5 is as follows: Date Description of Events May 30, 2008 Mark Thieroff sends e-mail correspondence to Jon Hohenstein inquiring if stockpiling gravel base on the subject property requires a CUP and if so, if a CUP is in effect. Jon Hohenstein sends reply e-mail communication advising that stockpiling of gravel base does require a conditional use permit; that the conditional use permit in effect for the property does permit the stockpiling of gravel base pursuant to the approved and attached site plan; and that staff observed no disruption or discontinuation of outdoor storage of gravel base on the property (See Exhibit 1.) as May 3, 2009 Mark Thieroff sends e-mail communication to Jon Hohenstein regarding outdoor storage of "material" on subject property. May 8, 2009 Code Enforcement Officer, Mary Granley, sends e-mail correspondence to Mr. Thieroff advising no violation observed. May 12, 2009 Code Enforcement Officer, Mary Granley, replies to Mark Thieroffs e-mail, advising that she observed one pile of material which is permitted under the CUP site plan. May 20, 2009 June 26, 2009 July 15, 2009 Mr. Thieroff replies by e-mail communication specifically inquiring as to the validity of the approved site plan, as well as of whether the outdoor storage of gravel has lapsed. (See Exhibit 2.) City Attorneys' office issues letter to Mr. Thieroff responding to his May 12, 2009 inquiries to staff, advising gravel storage is allowed. (See Exhibit 3.) City Attorney, Sharon K. Hills, issues letter to Mr. Thieroff responding to Mr. Thieroffs June 2, 2009 letter and telephone conversation of June 23, 2009, advising outdoor storage of gravel is allowed. (See Exhibit 4.) City Attorney, Sharon K. Hills, issues letter to Mr. Thieroff responding to Mr. Thieroffs July 1, 2009 letter addressing the same issues. Note that the City Attorney explicitly states that the City's rationale for its determination that outdoor storage of driveway base is permitted under the conditional use permit "has been provided in [her] letters of May 20, 2009 and June 26, 2009." (See Exhibit 5.) q(p EXHIBIT 1 T7 Page2of3 From: Jon Hohenstein[mailto:JHohenstein@cityofeagan.com] Sent: Friday, May 30, 2008 3:51 PM To: Mark Thleroff Cc: Mary Granley; Mike Ridley; Hills, Sharon Subject: RE: Richfield Blacktop propefty Mark, Thanks for getting in touch with us. I've reviewed this with our code enforcement staff and their answers to your questions are: 1. Stockpiling gravel base material does require a CUP. 2, The site plan on which the CUP is based Is attached and identifies a location south of the accessory structures for "driveway base", which in typical construction consists of gravel or a similar aggregate. As a consequence, the storage of gravel base material is permitted under the portion of the CUP that remains in effect. Staff also Indicates that they have observed the gravel or driveway base stored at the site when investigating other concerns in the past and that unlike the landscape materials, there has not been evidence of a discontinuation of such storage that would Justify a termination of that portion of the CUP. The amount of material will vary from day to day and time to time, because it is used and replenished as part of the pavement installation activity. That having been said, the CUP identifies a specific location on the site at which such materials are to be stored. If Mr. Miller indicates to you or the City that they are being stored In the area that had previously been identified for storage of landscape materials, please let us know and we will contact the owner to compel it to be stored In the location identified on the site plan. I hope that this answers your questions. I hope that you also understand that our conclusion is intended to be an independent review of the information and is not Intended to take sides. Let us know If you have any other questions or If there Is an issue regarding the location of the storage that you would like us to address. 6/18/2008 N.,ark, Page 3 of 3 Jon Jon Hohensteln I Community Development Director 1 City of Eagan City Hall 1 3830 Pilot Knob Road I Eagan. MN 55122 1(651) 675-5653 1(651) 675-5694 (Fax)1 .ecn _i (0. .t:,.: • r City of Eajll THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND/OR OTHERWISE PROPRIETARY MATERIAL and Is thus for use only by the intended recipient If you received This in error, please contact the sender and delete the e-mail and Its attachments from all computers From: Mark Thieroff [mailto:MarkThieroff@sbgdf.com] Sent: Friday, May 30, 2008 8:41 AM To: Jon Hohenstein Subject: Richfield Blacktop property John: I have another question for you regarding the CUP for the Richfield Blacktop property when you have a moment. It relates to stockpiling of gravel for RB's blacktopping operation. RB is currently storing gravel base on the property (a second pile was apparently added last week.) In order to address the issue without involving the City, I contacted Loren Gross, the attorney for Tim Hilde, the RB principal, and asked him to let me know what RB's intentions were, in Tight of the City's recent cancelation of the stockpiling CUP. He said their view Is that the canceled CUP was for landscaping materials, not gravel base. I told him I'd check in with your office on the CUP requirements and get back to him. So I have two questions: 1. Does stockpiling gravel base on the RB property require a CUP? 2 if so, Is that activity covered by any CUP still in effect for the property? Your assistance in clarifying this issue Is appreciated. Thanks. Mark Thieroff Siegel Brill Greupner Duffy & Foster. P A 100 Washington Avenue South Suite 1300 Minneapolis, MN 55401 hllp'lwww,slecelbrillCom markthierotfI slegelbrlil com lel (612) 337-6102 fax (612) 339.6591 The information contained in this email Is attorney imaged and confidential information intended only for the use of the Individual or entity named above. If the reader of this message Is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication Is strictly prohibited If you have received this communication in error, please immediately notify sender by telephone. and return the original message to sender 6/18/2008 q9 EXHIBIT 2 From: Mark Thieroff [mailto:MarkThieroff@sbgdf.com] Sent: Tuesday, May 12, 2009 5:19 PM To: Mary Granley; Jon Hohenstein Cc: Mike Ridley; Hills, Sharon Subject: RE: Richfield Blacktop property Mary: Page 1 of 3 Thanks for your message. I spoke with the Millers. The two piles of material are in the northeast corner of the property as diagramed, in the area labeled "Note: Non -landscape material area." The Millers also told me, however, that they believe the site plan you sent is not part of any still -valid CUP, and it is my understanding that there have been various CUPs issued for this property over the years. As I recall, there is also an issue as to whether storage that may have been permitted under a CUP had lapsed, so as to invalidate the conditional use. I think it would be helpful to sort out the validity issue as a threshold matter. Could you please send me the CUP or CUPs that according to City records remain in force for the property, along with any associated site plans? I appreciate your timely responses to my emails and look forward to working with your office to clarify these issues once and for all. Thank you. Mark From: Mary Granley[mailto:MGranley@cityofeagan.com] Sent: Tuesday, May 12, 2009 10:00 AM To: Mark Thleroff; Jon Hohenstein Cc: Mike Ridley; Hills, Sharon Subject: RE: Richfield Blacktop property Mark, When I performed the site visit, I found one pile of material in the location that was permitted on the site diagram for the approved 5/13/2009 /6/ Page 2 of 3 CUP. Attached is a copy of the diagram. If you or your client could indicate on the plan the approximate location where he observed the other pile(s) of material and return it to me, I can check the site again and confirm whether other materials are located outside the permitted area. If you would be willing to take this extra step to clarify the location of the concern, I would appreciate it. We want to respond to the concerns we receive, but when we investigate a narrative complaint by going to the site and we cannot readily identify what the complainant has indicated, the extra information a diagram can provide is useful. Thank you, Mary Granley 1 Senior Code Enforcement Technician 1 City of Eagan City Hall 13830 Pilot Knob Road l Eagan, MN 55122 1(651) 675-5690 1(651) 675- 5694 (Fax)1mgranley@cityofeagan.com 40'1° City atEaQau THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND/OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. If you received this in error, please contact the sender and delete the e-mail and its attachments from all computers. From: Mark Thieroff [mailto:MarkThieroff@sbgdf.com] Sent: Monday, May 11, 2009 7:40 AM To: Mary Granley; Jon Hohenstein Cc: Mike Ridley; Hills, Sharon Subject: RE: Richfield Blacktop property Mary: It is my understanding that there are two piles of rock in the northeast corner of the property. Is it the City's position that these piles are permitted under the CUP? Thank you. Mark Thieroff From: Mary Granley[mailto:MGranley@cityofeagan.com] Sent: Friday, May 08, 2009 11:26 AM To: Jon Hohenstein; Mark Thieroff Ce: Mike Ridley; Hills, Sharon Subject: RE: Richfield Blacktop property Staff visited the site and opened an investigation. We did not find any dumped items that were in violation. If there is more information to share about what is alleged to have been dumped or where, please let me know. Otherwise, that is all we can share at this time. Mary Granley 1 Senior Code Enforcement Technician 1 City of Eagan City Hall 1 3830 Pilot Knob Road 1 Eagan, MN 55122 1(651) 675-5690 1 (651) 675- 5694 (Fax)1mgranley@cityofeagan.com 4*City of THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND/OR OTHERWISE PROPRIETARY MATERIAL and is for use only by the intended recipient. If you received this in error, please contact the sender and delete the e-mail and its attachn from all computers. From: Jon Hohenstein Sent: Monday, May 04, 2009 7:56 AM To: Mark Thieroff; Mary Granley Cc: Mike Ridley; Hills, Sharon Subject: RE: Richfield Blacktop property Mark, 5/13/2009 Page 3 of 3 Thank you for reporting this situation. We will have our staff look into it. The usual caveat is that we cannot provide details of an investigation in progress, but we can advise you when someone has been to the site. If there is no violation determined, we can share that and we can share when an investigation is closed and its outcome at that time. Mary, Please look into the concern Mr. Thieroff has raised below. Jon Jon Hohenstein I Director of Community Development I City of Eagan City Hall 3830 Pilot Knob Road I Eagan, MN 55122 1651-675-5653 1 651-675- 5694 (Fax) I jhohenstein cr,cityofeagan.com THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND/OR OTHERWISE PROPRIETARY MATERIAL for use only by the intended recipient. If you received this in error, please contact the sender and delete the e-mail and its from all computers. http://v 3/2009 From: Mark Thieroff [mailto:MarkThieroff@sbgdf.com] Sent: Sunday, May 03, 2009 12:07 PM To: Jon Hohenstein Subject: Richfield Blacktop property Jon: It is my understanding that yesterday morning (Saturday) John Johnson dumped a load of material of some type in a corner of the Richfield Blacktop property, in apparent violation of city ordinances and/or the the CUP(s) in place for the property. On behalf of our clients, Ron and Barbara Miller, I am requesting that the City investigate this activity and take any necessary enforcement action. I would appreciate hearing from you once your staff has had a chance to look into this. Thank you. Mark Thieroff Siegel Brill Greupner Duffy & Foster, P.A. 100 Washington Avenue South Suite 1300 Minneapolis, MN 55401 http://www.siegelbrill.com markthieroff@siegelbrill.com tel. (612) 337-6102 fax (612) 339-6591 The information contained in this email is attorney privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify sender by telephone, and return the original message to sender. 103 EXHIBIT 3 lob LARRY S. SEVERSON JAMES F. SHELDONt MICHAEL G. DOUGHERTY* MICHAEL E. MOLENDA$ LOREN M. SOLFEST *$ SHARON K. HILLS ROBERT B. BAUER* TERRENCE A. MERRITT$ ANNETTE M. MARGARIT STEPHEN A. LING* May 20, 2009 SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 600 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124-4517 (952) 432-3136 TELEFAX NUMBER (952) 432-3780 www.seversonsheldon.com Mark Thieroff, Esq. Siegel Brill Greupner Duffy & Foster, P.A. 1300 Washington Square 100 Washington Avenue South Minneapolis, Minnesota 55410 Re: Richfield Blacktop CUP Violation Complaint Our File No. 206-14236 Dear Mr. Thieroff: GARY L. HUUSKO# CHRISTINE J. CASSELLIUS$ BRIAN J. WISDORF* MICHAEL D. KLEMM$* EMILY FOX WILLIAMS MATTHEW J. SCHAAP THOMAS R. DONELY JESSICA L. SANBORN RYAN J. BIES WILLIAM M. TOPKA ERIN. E. BOERSCHEL VIA E-MAIL & U.S. MAIL MarkThieroff@sbgdf.com I write as the Eagan City Attorney and in response to your e-mail correspondence with Eagan staff earlier this month in connection with the above -referenced matter. Specifically, on behalf of your clients, Ron and Barbara Miller, you reported to City staff that a load of unidentified material was dumped and then stored on the Richfield Blacktop property on or about May 2, 2009. You stated in one of your e-mail correspondence that your clients report that there were also "two piles of rock" stored at the property. In response to your request, Eagan staff provided you a copy of the approved site plan under the 1996 CUP which still in part remains in effect today. You inquired as to whether the site plan provided to you was the correct copy and questioned the status of the current CUP. Eagan Code Enforcement staff inspected the Richfield Blacktop property upon receipt of your clients' complaints. On May 8 and May 19, 2009, Eagan Code Enforcement observed one pile of Class V (gravel) on the site. As I have advised you previously, the current CUP in effect for the subject property was granted in 1996 and it was approved by the City Council following a public hearing. The 1996 CUP was pursuant to then property owners' request to amend a CUP that was issued in 1994. The CUP in effect today was approved by the City Council on December 4, 1996. As an exhibit to the CUP, a Site Plan delineates the areas on this site, the outdoor storage of various materials and property. INDIVIDUAL ATTORNEYS ALSO LICENSED IN IOWA, WISCONSIN AND MISSOURI $QUALIFIED NEUTRAL UNDER RULE 114 OF THE MINNESOTA GENERAL RULES OF PRACTICE #REGISTERED PATENT ATTORNEY •MSBA HOARD CERTIFIED REAL PROPERTY SPECIALIST hok'Rb Thieroff, Mark May 20, 2009 Page 2 As you know, the Eagan City Council, on March 3, 2008, approved a City Council Resolution declaring that the outdoor storage of landscaping materials and concrete bins on the property was discontinued for a period of six (6) consecutive months and thus, ordered that the CUP for the outdoor storage of the concrete binds and landscaping material was null and void pursuant to City Code. As you further know, the remaining permitted uses under the CUP, which includes those materials and goods (i.e. driveway base (gravel)) delineated on the Site Plan attached to the CUP, remain in effect. You inquired with City staff on the same issue last May 2008. Staffs response then is the same response I am providing to your same questions this year. Therefore, the outdoor storage of Class V gravel on the subject property as observed by Eagan Code Enforcement staff is permitted under the existing CUP. City staff will address compliance issues, if any, with the property owner directly. Res1y yours, haron K. Hills Eagan City Attorney SKH/jlt Direct: (952) 953-8844 E-mail: hills@seversonsheldon.com cc: Jon Hohenstein, Community Development Director Mike Ridley, City Planner Mary Granley, Senior Code Enforcement Technician k ti a Sri 40„tippri"4 {a ,uae ..F<� ft' From: From: Thompson, Jen Sent: Wednesday, May 20, 2009 12:43 PM To: 'MarkThieroff@sbgdf.com' Cc: Hills, Sharon Subject: Richfield Blacktop Attachments: 5.20.09 Letter to Attorney Thieroff.pdf Please see the attached correspondence. 5.20.09 Letter to Attorney Thi... Jennifer Thompson Legal Assistant to Sharon K. Hills Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 Office (952) 432-3136 Fax (952) 432-3780 Direct (952) 953-8812 SSeverson, Sheldon, Dougherty a Molenda, P.A. EVERSON SHELDON ® Attorneys 1 Advisors Confidentiality Notice: This message and any attachments contain confidential Information Intended only for use by the named addressee(s) and may contain legally privileged and/or proprietary Information. If you are not the Intended recipient, you may not read, copy, distribute, retain or take any action In reliance on the contents of this message or any attachments. If you received this email In error, please notify us Immediately by telephone at 952-432-3136, or by reply email, and Immediately destroy and delete this email message and any attachments from your system. Thank you. Electronic Transactions Disclaimer: Disclaimer Regarding Uniform Electronic Transactions Act ("UETA"). Minn. Stat. §§ 325L.01 - 325L.19. If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication. Contract formation in this matter shall occur only with manually -affixed original signatures on original documents unless otherwise specifically agreed in writing. /67 ,�'h'ompson, Jefl k From: Thompson, Jen Sent: Wednesday, May 20, 2009 1:16 PM To: 'MarkThieroff@sbgdf.com' Cc: Hills, Sharon Subject: Richfield Blackstop sir may„, Mr. Thieroff, we have one revision to make to the letter concerning the inspection dates. The dates of inspection by Eagan Code Enforcement staff were May 6 and May 19, rather than May 8 as indicated in the letter. Jennifer Thompson Legal Assistant Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 Office (952) 432-3136 Fax (952) 432-3780 Direct (952) 953-8812 SSeverson, Sheldon, Dougherty @ Molenda, P.A. EVERSON SHELDON © "' D;IZI Attorneys I Advisors Confidentiality Notice: This message and any attachments contain confidential Information Intended only for use by the named addressee(s) and may contain legally privileged and/or proprietary Information. If you are not the Intended recipient, you may not read, copy, distribute, retain or take any action In reliance on the contents of thls message or any attachments. If you received this email In error, please notify us Immediately by telephone at 952-432-3136, or by reply email, and Immediately destroy and delete this email message and any attachments from your system. Thank you. Electronic Transactions Disclaimer: Disclaimer Regarding Uniform Electronic Transactions Act ("UETA"). Minn. Stat. gg 325L.01 - 325L.19. If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication. Contract formation In this matter shall occur only with manually -affixed original signatures on original documents unless otherwise specifically agreed in writing. EXHIBIT 4 /09 LARRY S. SEVERSON JAMES F. SHELDON$ MICHAEL G. DOUGHERTY* MICHAEL E. MOLENDA$ LOREN M. SOLFEST *$ SHARON K. HILLS ROBERT B. BAUER* TERRENCE A. MERRITT$ ANNETTE M. MARGARIT STEPHEN A. LING* June 26, 2009 SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 600 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124-4517 (952) 432-3136 TELEFAX NUMBER (952) 432-3780 www.seversonsheldon.com Mark Thieroff, Esq. Siegel Brill Greupner Duffy & Foster, P.A. 1300 Washington Square 100 Washington Avenue South Minneapolis, Minnesota 55410 Re: Richfield Blacktop CUP Violation Complaint Our File No. 206-14236 GARY L. HUUSKO# CHRISTINE J. CASSELLIUS$ BRIAN J. WISDORF* MICHAEL D. KLEMM$* EMILY FOX WILLIAMS MATTHEW J. SCHAAP THOMAS R. DONELY JESSICA L. SANBORN RYAN J. BIES WILLIAM M. TOPKA ERIN. E. BOERSCHEL Dear Mr. Thieroff: I write as a follow up to our telephone discussion of June 23, 2009 regarding the above - referenced matter. We briefly addressed the argument/issues raised in your letter of June 2, 2009, as well as Richfield Blacktop's continued operation of its asphalt (driveway/parking area) business under the current Conditional Use Permit ("CUP"). It appears that the City and your clients have differing opinions as to whether Richfield Blacktop may store gravel and/or its asphalt tailings on the property under the existing CUP. It is the City's position that the Site Plan attached to and incorporated as a part of the 1996 CUP authorizes Richfield Blacktop to store gravel in the location noted as "driveway base area" on the Site Plan and may store any asphalt tailings in connection with the business operations in the area noted as "non -landscape materials area on the Site Plan. You raised in your letter and during our telephone discussion that reference to the Site Plan as and for permitted uses under the CUP is not proper or valid. Your basis for that opinion is that the uses noted in the Site Plan were not subject to public notice or hearing at the time of the CUP approval., Your opinion is without merit. In fact, the facts and documentation clearly refute your positions. At the time that the 1996 CUP amendment went before the Advisory Planning Commission, a site plan was submitted and made a part of the staff report. The Site Plan, dated September 25, 1996, notes "base storage area" in or about the same location as it is on the approved CUP Site Plan. Following the Advisory Planning Commission meeting, as well as the City Council approval, the location and set up of the site was revised per the Council's directive at the time it took action on the 1996 CUP. Accordingly, a revised site plan needed to be prepared and approved by City staff in accordance with the revisions determined by City Council at its INDIVIDUAL ATTORNEYS ALSO LICENSED IN IOWA, WISCONSIN AND MISSOURI *QUALIFIED NEUTRAL UNDER RULE 114 OF THE MINNESOTA GENERAL RULES OF PRACTICE #REGISTERED PATENT ATTORNEY *MSRA BOARD CERTIFIED REAL PRPERT,'SPECIALIST 7/0 L'?Ai RD Thieroff, Mark June 26, 2009 Page 2 December 4, 1996 meeting. Thus, in April 1997, the CUP, along with the approved Site Plan, was issued. I have enclosed for your reference a copy of the December 4, 1996 City Council Agenda Information Memo, as well as its attachments which include the City staff report to the Advisory Planning Commission and the City Council Minutes. Additionally, the purpose of my call was to discuss with you the impact of your clients' demands regarding the CUP compliance. Richfield Blacktop, an asphalt business, on occasion has asphalt tailings which need to be stored on the property at the end of the day. Under the approved CUP site plan, the asphalt tailings may be stored in the northeast corner of the property in the area noted as "non -landscape material area." This area is next to the hill on which your clients are located. Thus, if your clients demand strict enforcement of the CUP, Richfield Blacktop's tailings will be stored in the northeast corner of the site. The City will also direct the property owner to store the gravel base in the location as noted on the CUP Site Plan. In closing, please be assured that the City has communicated with the owner regarding the CUP conditions and requirements on the site. Resp t yours, aron K. Hills Eagan City Attorney S KH/j It Direct: (952) 953-8844 E-mail: hills@seversonsheldon.com cc: Jon Hohenstein, Community Development Director Mike Ridley, City Planner Mary Granley, Senior Code Enforcement Technician Il1 EXHIBIT 5 Ila LARRY S. SEVERSON JAMES F. SHELDONt MICHAEL G. DOUGHERTY* MICHAEL E. MOLENDM LOREN M. SOLFEST *# SHARON K. HILLS ROBERT B. BAUER* TERRENCE A. MERRITT$ ANNETTE M. MARGARIT STEPHEN A. LING* July 15, 2009 SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 600 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124.4517 (952) 432-3136 TELEFAX NUMBER (952) 432-3780 www.seversonsheldon.com Mark Thieroff, Esq. Siegel Brill Greupner Duffy & Foster, P.A. 1300 Washington Square 100 Washington Avenue South Minneapolis, Minnesota 55410 Re: Richfield Blacktop CUP Violation Complaint Our File No. 206-14236 Dear Mr. Thieroff: GARY L. HUUSKO# CHRISTINE J. CASSELLIUS$ BRIAN J. WISDORF* MICHAEL D. KLEMM$* EMILY FOX WILLIAMS MATTHEW J. SCHAAP THOMAS R. DONELY JESSICA L. SANBORN RYAN J. BIES WILLIAM M. TOPKA ERIN. E. BOERSCHEL The purpose of this letter is to acknowledge receipt of your July 1, 2009 letter in connection with the above -referenced matter. I have reviewed and discussed your letter with the appropriate City staff members. The conclusion of our review is that Richfield Blacktop is authorized to store "driveway base" material on its property under the Conditional Use Permit (CUP). The rationale for this determination has been provided in my letters of May 20, 2009 and June 26, 2009. In summary, the CUP for Richfield Blacktop authorizes the outdoor storage of "driveway base" in the location as depicted on the approved Site Plan of the CUP. Any material customarily used in the industry as "driveway base" (i.e. Class V, Conbit, etc.) is permitted to be stored in the location noted on the Site Plan. We concur, however, that those materials are not to be stored elsewhere on the site, in locations not designated for that purpose. With regard to the issue of outdoor storage of asphalt, which must be viewed in the context of the 2006 violation notice, we recognize there has been some confusion of terms. To clarify, the City concurs that asphalt tailings would not be permitted under the existing CUP. However, with regard to any other material referenced in my July 6, 2006, e-mail or the City's July 7, 2006 Violation Notice, one cannot make a sweeping interpretation that anything observed or noted was in violation of the CUP on the grounds that it was not permitted under the CUP, as inferred by you in your letter. In 2006, many of the CUP violations were due to the owners' failure to store certain materials in the proper location pursuant to the CUP and its approved Site Plan. INDIVIDUAL ATTORNEYS ALSO LICENSED IN IOWA, WISCONSIN AND MISSOURI $QUALIFIED NEUTRAL UNDER RULE 114 OF THE MINNESOTA GENERAL. RULES OF PRACTICE #REGISTERED PATENT ATTORNEY .1v1SBA BOARD CERTIFIED REAL. PROPERTY SPECIALIST 113 a, HO/1IP,I) Thieroff, Mark July 15, 2009 Page 2 City staff will continue to monitor the property for compliance with the CUP. If materials are stored in violation of the CUP e(whether stored ineits propermaterials location), then the City will take the itted or materials that are permitted under the CUP but a necessary steps in its enforcement. One final matter, my office telephone caller i.d. system revealed that your clients, Ron and n to Barbara Miller, called my office. They speak with themleave as theylce arenail. Please represented bdyvyou andeyourl law your clients that I am unable to firm, ly yours, on K. Hills an City Attorney SKH/j It Direct: (952) 953-8844 E-mail: hills sev �ersonsheldon.com cc: Jon Hohenstein, Community Development Director Mike Ridley, City Planner Mary Granley, Senior Code Enforcement Technician BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF EAGAN DAKOTA COUNTY, MINNESOTA A meeting of the Board of Adjustment and Appeals of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, Eagan, Minnesota 55122 on October 20, 2009. The following members were present: Maguire, Fields, Bakken, Tilley and Hansen; and the following were absent: none. * * * The City Clerk presented a request by Ronald and Barbara Miller for an appeal of a decision by City staff relating to the conditional use permit issued for property located at 3206 Sibley Memorial Highway; a copy being attached hereto as Exhibit "A". City staff submitted a memorandum providing additional information in connection with the Millers' appeal which shall be accepted and made a part of the record. Member moved for the adoption of the following resolution: BOARD OF ADJUSTMENT AND APPEALS RESOLUTION NO. 2009-1 A RESOLUTION DENYING THE CONSIDERATION OF AN APPEAL FOR UNTIMELY FILING OF APPEAL APPLICATION BE IT RESOLVED, by the Board of Adjustment and Appeals of the City of Eagan, Dakota County, as follows: 1. Ronald and Barbara Miller served and filed an appeal to the Board of Adjustment and Appeals on October 9, 2009. 2. The Millers' appeal is "from a decision of City staff made on July 15, 2009, relating to the conditional use permit issued for the property located at 3206 Sibley Memorial Highway (the "Property")." 3. Eagan City Code, Section 11.50, Subd. 2(C), requires all appeals to be filed no later than ninety (90) days after the alleged error. 4. The Millers appeal a July 15, 2009 letter issued by City staff, through the Eagan City Attorneys' office, to Millers' legal counsel. The Millers' appeal raises four issues: three of which relate to the outdoor storage of gravel on the Property and the fourth issue relates to the outdoor storage of asphalt on the Property. / 6 5. The Millers assert that the conditional use permit ("CUP") for the Property does not allow outdoor storage of gravel because (1) that reference to location of gravel storage on the site plan, which is attached to the CUP, does not authorize the outdoor storage of gravel; and (2) that the approved site plan was not subject to public notice and hearing; and assert further that the outdoor storage of asphalt tailings are not permitted under the CUP. 6. With regard to the outdoor storage of asphalt or asphalt tailings, the record makes clear, specifically in the July 15, 2009 Letter from the Eagan City Attorney, that the City "concurs that asphalt tailings would not be permitted under the existing CUP." Staffs determination is not adverse to the Millers' position as stated in their appeal application. Thus, a hearing on the issue of the permissibility of outdoor storage of asphalt tailings on the property is moot. 7. With regard to the outdoor storage of gravel, the record evidences that the City made its determination that outdoor storage of gravel is permitted on the property under the CUP over one year ago, in May 2008. In a reply to an e-mail from Millers' attorney on May 30, 2008, Director of Community Development, Jon Hohenstein, stated that outdoor storage of gravel on the site was permitted on the Property under the conditional use permit as it is depicted as an approved use on the site plan attached to the conditional use permit. 8. A year later, the Millers again challenged the permissibility of outdoor storage of gravel base on the Property. On May 12, 2009, the City Code Enforcement Officer restated the City's determination to the Millers' attorney that outdoor storage of gravel driveway base was permitted under the CUP as approved on the site plan. Again, by letters dated May 20, 2009, June 26, 2009 and July 15, 2009, City staff, through the City Attorneys' office, reiterated to the Millers' legal counsel its decision that outdoor storage of gravel on the Property is permitted. 9. City staffs letter of July 15, 2009, was the fourth correspondence to the Millers restating the City's decision which was initially made in May 2008. 10. Under the City Code, the deadline to appeal the staffs determination expired on August 28, 2008. 11. The Millers' appeal is beyond the time to appeal. 12. The communication between City staff and the Millers' attorney in 2009 does not constitute a decision, but rather are confirmation of the decision made in May of 2008. BE IT FURTHER RESOLVED, by the Board of Adjustment and Appeals, that the Millers' appeal was not filed within ninety (90) days of the alleged error and thus, it is untimely. BE IT FURTHER RESOLVED, by the Board of Adjustment and Appeals, that the Board will not consider the Millers' appeal and thus, no public hearing is necessary. Ilse ADOPTED this day of , 2009. ATTEST: Maria Petersen, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor: Maguire, Fields, Bakken, Tilley and Hansen; and the following voted against the same: none. WHEREUPON, said resolution was declared duly passed and adopted and was signed by the [Mayor] and his signature attested by the City Clerk. AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER OCTOBER 20, 2009 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT — Consider Revision of Development Agreement with Lennar for Nicols Ridge Project F. OTHER BUSINESS G. ADJOURN IIS Agenda Information Memo Eagan Economic Development Authority Meeting October 20, 2009 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. 1. APPROVAL OF MINUTES — The minutes of the September 1, 2009 EDA meeting are enclosed on pages/a0 -/q / 11q MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota September 1, 2009 A meeting of the Eagan Economic Development Authority was held on Tuesday, September 1, 2009 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Tilley and Commissioner Hansen. Commissioner Fields was absent. Also present were Executive Director Hedges, Community Development Director Hohenstein and City Attorney Dougherty. ADOPT AGENDA Commissioner Bakken moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 CONSENT AGENDA Commissioner Bakken moved, Commissioner Hansen seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 1. It was recommended to approve the minutes of the August 18, 2009 EDA meeting as presented. 2. It was recommended to approve a License Agreement for Cedarvale Lanes to permit use of City property for parking purposes pending redevelopment. OLD BUSINESS SOUTHEAST EAGAN REDEVELOPMENT DISTRICT CONSIDER DISCONTINUATION OF TIF DISTRICT Community Development Director Hohenstein discussed the proposed discontinuation of the Southeast Eagan TIF District. Commissioner Bakken moved, Commissioner Tilley seconded a motion to direct staff and the City Attorney to prepare a resolution for the discontinuation of the Southeast Eagan TIF District. Aye: 4 Nay: 0 NEW BUSINESS CEDAR GROVE HOTEL CONCEPT PLAN Community Development Director Hohenstein introduced this item regarding a revised preliminary concept plan for a hotel development in the Cedar Grove Redevelopment District. Sanjay Patel, development partner working with Doran Pratt, discussed the proposed hotel concept plan. Commissioner Hansen moved, Commissioner Tilley seconded a motion to approve a revised preliminary concept plan for a hotel development in the Cedar Grove Redevelopment District. Aye: 4 Nay: 0 OTHER BUSINESS There were no Other Business items. The meeting was recessed at 12:00 a.m. to convene a closed session to discuss pending litigation. The EDA meeting was reconvened at 12:15 a.m. ADJOURNMENT Commissioner Bakken moved, Commissioner Tilley seconded a motion to adjourn the meeting at 12:15 a.m. Aye: 4 Nay: 0 Date Thomas Hedges, Executive Director Agenda Memo Eagan Economic Development Authority Meeting October 20, 2009 New Business V. CEDAR GROVE FINANCING — NICOLS RIDGE CONCEPT REVISION AND FINANCIAL SETTLEMENT ACTION TO BE CONSIDERED: To direct the City Attorney to prepare an Amendment of the TIF Development Agreement to implement the proposed settlement with Lennar regarding the Nicols Ridge project in the Cedar Grove Redevelopment District. FACTS: • The Nicols Ridge Project in the Cedar Grove Redevelopment District was originally brought forward by Delta Homes and the 230 unit residential project was approved by the City Council on October 16, 2001. The EDA entered into a TIF Development Agreement with Delta on December 2, 2002. Subsequently, Delta entered into an agreement to sell its property to U.S. Homes/Lennar and requested that the EDA approve an assignment of the Development Agreement to Lennar. That request was approved by the EDA on June 3, 2003 and Lennar assumed responsibility for the project. • Under the TIF Development Agreement, Lennar Corporation was to complete the project in three phases. The deadline for the substantial completion of Phase I (88 units) was December 31, 2006, Phase II (66 units) was December 31, 2007 and Phase III (76 units) was December 31, 2008. In exchange for completion of the project by those times, the EDA agreed to reimburse the developer by phase for certain assessments and fees associated with the project from the TIF revenues created by the development. Those costs were outlined in Exhibit D of the Development Agreement, which is attached. • Lennar completed the 32 townhome units and 14 of the condominium units anticipated in Phase I, but as the condominium market began to decline in 2005, the developer discontinued development of additional condominiums at the property, but did proceed with 16 of the townhomes planned for Phase II. As a consequence, 62 of the units originally proposed for the project have been built. • In consideration of the shifting and declining market, Lennar approached the City in late 2006 requesting a concept review for a modified redevelopment scenario for the Nicols Ridge project and a revision of the TIF development agreement terms to resolve the anticipated default status. The request was to permit the developer to replace the remaining condominium buildings in the original plan with additional townhomes and to revise the phasing schedule to accommodate the change in the housing market. • The request was heard by the EDA at the February, 2007 Council workshop. The EDA/Council expressed a willingness to consider a revision of the development plan to be based on a modified site plan and a more market -supportable townhouse product, provided the general quality of construction and architecture met the standards set by the Nicols Ridge units already built and a modification of the Development Agreement could be negotiated. The matter of the financial settlement was referred to the Finance Committee for review. • In March, 2007, the Finance Committee indicated that it recognized the change in the condominium market and that it was primarily interested in maintaining unit counts and valuation for the area. Staff was given direction to continue to meet with Lennar officials to solicit more information and to work out potential mutually beneficial solutions. • Through the course of those discussions, it became apparent that Lennar was not in a position to develop a housing mix with sufficient unit value or density to offset the reduction in condominium units to fully accomplish the direction of the Committee. In discussing the range of alternatives, though, Lennar had identified a potential option under which it would complete the eastern portion of the site with a townhouse development and sell the western portion of the site to a third party for separate development, potentially with a different housing product and density. • In order to maximize the potential for the City to attract a higher density product with greater overall value for the remainder of the development area, a solution was proposed under which Lennar would transfer the Gonyea parcel to the City so that the western portion of the site could be marketed to and completed by another development partner. The western portion of the property, if the Gonyea parcel were assembled with the City owned property, would total 8 acres. • Basic terms were negotiated with Lennar by late 2007 and consideration by the EDA was tentatively set for early 2008. Unfortunately, at about that time, the company began a contraction that resulted in changes in the two different changes in the principle contact for the City. As Lennar staffing stabilized, substantial negotiations were reestablished earlier this year. • Over the same period, the project has exceeded the deadlines in the TIF Development Agreement for all three phases of the development and, in the event that the EDA were to declare a default, Lennar could face liquidated damages for all phases/units not completed. • In recent months, company representatives have responded constructively to the basic framework of the previous settlement proposal. In light of the potentially greater costs to the company if a default action were initiated, staff pursued a modification of elements of the term sheet exchanged in 2007. A tentative agreement on settlement terms has been reached, which was reviewed with the Finance Committee at its meeting on October 6. • The tentative settlement terms are: • The developer will propose and the City will consider approval of the completion of the eastern portion of the development site as a 59 unit townhouse development (62 units built to date plus 59 for 121 units total). • The City will discontinue TIF payment of cash parks and trails dedication that has been required by the current development agreement and the developer will take on that obligation at current rates ($3,458/unit) for the 59 units proposed to be built ($204,022). • The developer and the City will enter into an assessment agreement for the costs of the Cedar Grove Parkway pedestrian trail ($130,800) and the outstanding trunk utility cost for a portion of the developed site ($50,522). • The developer will transfer the Gonyea parcel in the western portion of the project area (originally purchased by Lennar at $559,232) to the City. In exchange, the City will release the developer from the accumulated liquidated damages and the City will pay the development's remaining assessments for projects 800R and 759R (59 units at $4,486 for $264,674). la 3 • The settlement will be contingent upon the Council's approval of the revised development proposal through the ordinary development review process. • All obligations created by any new development approvals will be secured by a new letter of credit. • Lennar representatives contacted City staff on October 1 and indicated that Lennar Corporate had approved the settlement terms, pending approval by the City. • On October 6, the Finance Committee reviewed the proposal and requested additional information regarding the TIF revenue projections for the revised development versus a no - build scenario. Based on the assumptions Lennar is using for the project, the development of the east half of the project area would generate an additional $794,000 in tax increment over the life of the district. If the west half of the project area were sold to a third party developer who built a 109 unit project (resulting in 230 units over the entire site), the western portion would generate an additional $1,040,000 in increment. If a future project on the western portion of the site include more than 109 units, the increment could be greater. In comparison, it is uncertain if or when the property would see new construction if liquidated damages were pursued instead of a settlement. • On the basis of the information provided, the Finance Committee is recommending that the EDA and City Council approve the settlement proposal. If the EDA and Council are supportive of the settlement, the action to be considered is direct staff and the City Attorney to prepare the necessary agreements for execution by Lennar and subsequent ratification by the EDA. ATTACHMENTS: • September, 2009 Prospective Settlement Term Sheet on page / aST • Additional information to Finance Committee on pages J ( through • Site plan illustrating proposed settlement development alternative on page • Original development site plan on page 1 • Development Agreement Exhibit D on page } 30 IL/ T Lennar — Nicols Ridge Development Cost Summary - For settlement purposes only. Tentative Settlement Points — Discussed by the parties on September 23 and Summarized by the City on September 28, 2009 Assumptions — If the revised build out plan is approved by the City Council, Lennar would complete 59 units on property already owned by the company and dedicate the Cedar Grove Parkway trail easement adjacent to the Nicols Ridge project to the City at no cost. The City would acquire the Gonyea parcel. Any amounts financed by the City to carry 6% interest and be secured by a letter of credit. Cash Park Dedication - $3,458/unit (Current rate as opposed to previous rates) $204,022 Cash Trail Dedication — Waived in consideration of CG Parkway Trail and Easement 0 To be paid with building permits $204,022 Cedar Grove Parkway Trail — Project #888 $130,800 Repayment of Trunk Utility Assessment 50,522 To be financed on terms acceptable to the parties (Assessment Agreement 5 yr term) $181,322 Gonyea property to be transferred to the City in exchange for which the City would assume the remaining assessments for Projects 800R and 759R and release Lennar from liquidated damages and obligation to acquire additional parcels in western portion of site. Lennar to provide net/net settlement agreement language for this exchange to occur for each party's usual and customary closing costs. Final settlement and closing to be contingent on Lennar applying for and the City Council approving a 59 unit development plan, such plan to include a ghost plat of the western portion of the site to assemble the Gonyea parcel and remaining City parcels. Issues involving a western access point to the site, permitted finish materials and other details to be addressed through the development application review. (a5 City of Evan Nemo TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: OCTOBER 12, 2009 SUBJECT: FINANCE COMMITTEE FOLLOW UP — NICOLS RIDGE SETTLEMENT In follow up to the questions and requests for additional information raised by the Council Finance Committee regarding the potential resolution of the Nicols Ridge project, the following information has been compiled. • Through the end of the district, the proposed Nicols Ridge settlement project would generate a present value of $794k in TIF (See Attachment A). This is separate from and in addition to the TIF stream currently being generated by the units that have been built to date. • We were asked to compare that amount to a "no build" situation. The proposal would generate the full $794k above a true no build situation, but we also asked Ehlers to run a surrogate comparison, which would be the TIF stream if the same project were built after a four year delay, it would generate a present value of $523k or $260k Tess than the proposed settlement (See Attachment B). • In addition, if the settlement were to make the western portion of the site available to a third party developer to pursue a rental apartment project (this run assumed 109 units, which essentially adds the total number of units not built in the east end to the original number of units projected for the west end), it would generate a present value of an additional $1,040,000 in TIF (See Attachment C). A 109 unit building would equate to 14 units/acre. A project with a higher unit count would generate a higher base value and TIF revenues. • A general observation was made that the City would enforce a default by cashing the project's letter of credit. This would require legal action and would be contested by Lennar. While the outcome of the action could be that the City would secure the entire amount, there is also the potential that it would receive something Tess than that. The City/EDA does retain a LOC in the amount of $611,000 versus the liquidated damage total of /8e $1,086,000. The reason for the difference is that the LOC was calculated at the outset on the Phase I improvement costs and not the potential for some or all of all phases to become delinquent. This is in the context of the original purchase price of the Gonyea parcel was $559,000. As staff and the City Attorney have worked on this settlement, we have been aware that this is not a full recovery of all possible revenues that may have come from the original project. It is a compromise intended to get a version of the Lennar project going again and to free up the western portion of the site for an intensity of development that Lennar would not deliver, if a settlement is not achieved. Please share this information with the Finance Committee and we can follow up from there to determine whether it is in order to move forward with a consideration of the matter at Tuesday's EDA meeting or not. Cc: Gene VanOverbeke, Director of Administrative Services fa7 «9 Nicols Ridge Approved Master Plan ca •L 0 ce 0 EXHIBIT D Costs Phase I Phase II Phase III Total City Assessments 800R $422,664 $214,403 $285,824 $922,891 759R 47,015 19,210 76,870 143,095 City Fees Trunk Utility 0 50,522 0 50,522 Parks 123,728 84,321 126,272 334,321 Trails 16,104 11,559 18,32 45,983 Water Quality 0 0 0 0 Total $609,511 $380,015 $507,286 $1,496,812 Number of Units 88 66 76 230 City Assessments and City Fees per Unit $6,926 $5,758 $6,675 M 1 1022545.06 Agenda Information Memo Eagan Economic Development Authority Meeting October 20, 2009 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. 131