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11/05/2009 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING NOVEMBER 5, 2009 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) f eC A. APPROVE MINUTES f. 8 B. PERSONNEL ITEMS P. n C. APPROVE Check Registers f f la D. APPROVE Change in Business Structure (ownership) of On -sale 3.2% Malt Liquor (beer) License from Peter Ko, dba Dragon Palace Restaurant (Sole Proprietorship) to Dragon Palace, Inc. dba Dragon Palace (Corporation) P 13 E. DIRECT City Attorney's Office to Prepare an Ordinance Amendment to Chapter 5 Beer, Wine and Liquor Licensing and Regulation f. I4 F. APPROVE DARE Agreement and Police Liaison Agreement with ISD 196 fig G. APPROVE Resolution Authorizing the Issuance and Sale of General Obligation Recreational Facility Crossover Refunding Bonds, Series 2009B f• 27 H. APPROVE Revised City Purchasing Policy RG 1 I. APPROVE 2010 Funding Application to Dakota County for the Community Landfill Abatement Funds P5aJ. APPROVE Change Order No. 4, Contract 08-06 (Northwood Parkway Overpass) fS3 K. APPROVE Final Payment, Contract 08-07 (Lexington/Diffley & Safari Reservoir - Repainting) esti L. APPROVE Agreement for Contractual Snow & Ice Control Services PS(pM. APPROVE Well Permit for Unisys Corporation peri N. TERMINATE Participation in Metro Area Mutual Aid Agreement f 4l O. APPROVE Modification of Public Works 5 -Year CIP (2010-2014) - MnDOT Noise Wall t (pa P. APPROVE Assessment Deferment Agreement (Project 905R, Lebanon Hills Storm Drainage - Nelson) (03Q. REQUEST Advance Funding from the Municipal State Aid Street Construction Fund eitSR. APPROVE Extension for Final Subdivision - Rustin Norvin Oaks Noe S. APPROVE Release of Documents for Stonehenge e71 T. SCHEDULE Public Hearing to Consider Establishment of Housing Improvement District for Meadowlark Ridge Homeowners Association 13 U. MODIFY Conditions of the Planned Development Amendment for Sam's Club -b�- Removed P.EDW. APPROVE Change in Management on the Off -sale 3.2% Malt Liquor (beer) License at Holiday Stationstores, Inc., dba Holiday Stationstore #247, 3615 Pilot Knob Road es/ X. APPROVE Final Payment, Contract 09-08 (City-wide Trail Improvements) V. PUBLIC HEARINGS e$a A. FINAL ASSESSMENT HEARING, Project 974 (Federal / Washington / 81St Street - Street Improvements) Pia B. FINAL ASSESSMENT HEARING, Project 975 (Marice / Sherman - Street Improvements) P./Da C. FINAL ASSESSMENT HEARING, Project 1006 (Knoll Ridge Drive - Street Improvements) P./07 D. EASEMENT VACATION HEARING, Eagandale Center Industrial Park No. 16 / Dart Transit Company [� Addition and Final Plat for Dart Transit Company Second Addition P. 1!) E. CERTIFICATION of Delinquent False Alarm Bills P,1 t3 F. CERTIFICATION of Delinquent Weed Cutting Bills P os G. CERTIFICATION of Delinquent Refuse Removal bills f11(PH. CERTIFICATION of Delinquent Board Up Bill CERTIFICATION of Delinquent Utility Bills PAY. VI. OLD BUSINESS VII. NEW BUSINESS ft 13C1 A. CONSIDERATION of Imposition of Additional Penalties for Brar Enterprises, Inc. dba Blackhawk Liquor & Wine el 4513. PLANNED DEVELOPMENT AMENDMENT — Kashevatsky Building Addition — A Planned Development Amendment to build an addition to the existing building located at 3445 Washington Drive VIII. LEGISLATIVE I INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no items at this time) X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. ADJOURNMENT 41011 City of Eaaali MeMo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 30, 2009 SUBJECT: AGENDA INFORMATION FOR NOVEMBER 5, 2009 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the November 5, 2009 City Council agenda, the following items are in order for consideration. 1 Agenda Information Memo November 5, 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 20, 2009 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the October 20, 2009 regular City Council meeting are enclosed on pages 3 through 7 . MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 20, 2009 RAFT 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. Margo Danner and Colleen Eull, representing the Lioness Club and Tom Mullon, representing the American Legion were present to discuss a proposed veteran memorial. Council indicated they are supportive of the memorial and that property would be provided once a preliminary design is presented and funding via a grant from the legislature Criag Navis, Greenhaven Drive discussed Excel Energy's plan to remove trees located in his yard. Staff was directed to work with Mr. Navis in contacting Excel Energy. A regular meeting of the Eagan City Council was held on Tuesday, October 20, 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, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS Police Officers Lindsay Granger and Luke Nelson were administered the Oath of Office by Deputy Clerk, Mira Pepper. 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 October 6, 2009 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Kristen Leppones as a part-time ice skating instructor. 2. It was recommended to approve the hiring of Porter King as a part time overnight custodian at the Community Center. C. It was recommended to ratify check registers dated October 1, 2009 and October 8, 2009 as presented. D. It was recommended to accept a $3,000 grant from the University of Minnesota School of Design through the Designing for a Lifetime: Community Strategies Program. E. It was recommended to accept a $100.00 donation from Residential Mortgage Group (RMG). F. It was recommended to approve a resolution declaring official reimbursement intent — Fire Safety Center financing. G. It was recommended to approve a resolution amending the terms of a revolving internal loan in connection with TIF District No. 1 (Cedar Grove Redevelopment). H. It was recommended to approve a change in management on the on -sale liquor license for Joe Senser's Sports Grill & Bar located at 3010 Eagandale Place. 3 City Council Minutes October 20, 2009 Page 2 DRAFT I. It was recommended to approve the final payment for Contract 09-10 (Rahncliffe / Cliff Lake Road / Rahn Road / Yankee Doodle Road and 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. J. It was recommended to 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. K. It was recommended to 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. L. It was recommended to 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. M. It was recommended to 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. N. It was recommended to 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. O. It was recommended to approve a Tree Maintenance Contractor License for R. D. & Associates Specialized Services. PUBLIC HEARINGS PROJECT 972, LONE OAK / WATERS AREA STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment for the Waters area street overlay improvements. Public Works Director Colbert gave a staff report and explained the pavement management system. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the public hearing and approve the Final Assessment Roll for Project 972 (Lone Oak / Waters Area — Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 976, AVALON / BURNSIDE AVENUES STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment for Avalon and Burnside Avenues street overlay improvements. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. Mike Taschek,1310 Avalon Avenue stated he had not been notified of the previous meetings in regard to Project 976 and is opposed to the assessment. He also expressed his concern regarding truck traffic in the area. There being no further public comment, Mayor Maguire turned discussion back to the Council. City Council Minutes October 20, 2009 Page 3 DRAFT Councilmember Tilley moved, Councilmember Fields seconded a motion to close the public hearing and approve the Final Assessment Roll as revised for Project 976 (Avalon / Burnside Avenues — Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 977, ROBIN LANE STREET OVERLAY IMPROVEMETNS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment for Robin Lane 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 Fields seconded a motion to close the public hearing and approve the Final Assessment Roll for Project 977 (Robin Lane — Street Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 978, EAGANDALE 1 LEMAY LAKE STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment for the Eagandale / LeMay Lake street 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 Hansen seconded a motion to close the public hearing and approve the Final Assessment Roll for Project 978 (Eagandale / LeMay Lake — Street Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 979, LEMAY LAKE / LUNKA ADDITIONS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment for the LeMay / Lunka Additions street overlay improvements. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. Kathleen Murphy, resident of Lemay Lakes Townhomes, presented a petition with 21 names opposing the assessments. She discussed her opposition to the methods of determining the assessment rates for the townhomes on the per lot equivalent basis. She stated that she feels the assessment for the townhomes should be calculated on the basis of front footage adjacent to the improved streets in the neighborhood. Director Colbert explained the City's Special Assessment Policy which 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. Two other residents of the Lemay Lakes Townhomes expressed their opposition to the assessments. Maria Fong, a resident on Towerview Road also opposed the assessment and requested reevaluation on her property. Staff addressed the questions of the residents. Mayor Maguire spoke to the theory of the pavement management program. There being no further public comment, Mayor Maguire turned discussion back to the Council. 5 City Council Minutes October 20, 2009 Page 4 Councilmember Fields moved, Councilmember Tilley seconded a motion to close the pubic hearing and approve the Final Assessment Roll for Project 979 (LeMay Lake / Lunka Additions — Street Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 1001, OPPERMAN DRIVE STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment the Opperman Drive street overlay improvements. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. Donn Kirchgatter, 3575 Argenta Trail, opposed to commercial / industrial zoning classification assessment rate proposed for his residential use property as part of this project. Staff and Council discussed a deferment agreement for Mr. Kirchgatter. There being no further public comment, Mayor Maguire turned discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Final Assessment Roll for Project 1001 (Opperman Drive — Street Improvements) and authorize its certification to Dakota County for collection and direct the City Attorney to draft a deferment agreement for property located at 3575 Argenta Trail. Aye: 5 Nay: 0 The regular City Council meeting was recessed at 9:15 p.m. to immediately convene a meeting of the Board of Adjustments and Appeals. BOARD OF ADJUSTMENTS AND APPEALS CONSIDERATION OF SETTING PUBLIC HEARING TO APPEAL STAFF DECISION — RICHFIELD BLACKTOP CONDITIONAL USE PERMIT City Administrator introduced this item regarding consideration to set a public hearing to appeal a staff decision in regard to Richfield Blacktop Conditional Use Permit. City Attorney Dougherty discussed the background of the issue and the appeal process. Member Bakken suggested the City facilitate a remedy to the dispute between the two properties by allowing storage of gravel on City property. Board member Tilley moved, Board member Fields seconded a motion to adopt a resolution denying consideration of an appeal. Aye: 5 Nay: 0 The Board of Adjustments and Appeal was adjourned at 9:35 p.m. and the regular City Council meeting was immediately reconvened. There were no Old Business items. OLD BUSINESS NEW BUSINESS (.D City Council Minutes October 20, 2009 Page 5 There were no New Business items. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. The regular City Council meeting was recessed at 9:35 p.m. to immediately convene a meeting of the Economic Development Authority. The meeting was reconvened at 9:40 p.m. ADMINISTRATIVE AGENDA There were no items requiring action. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 9:40 P.m. Date Administrative Secretary / Deputy Clerk 7 T Agenda Information Memo November 5, 2009 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Resignation/PT Clerical Tech III/Community Development -- ACTION TO BE CONSIDERED: To accept the letter of resignation from Barbara Kalstabakken, Clerical Tech III in Community Development. Item 2. Addition/"Mobile Device" Section/City of Eagan Information Technology Policy -- ACTION TO BE CONSIDERED: To approve new "Mobile Device" section to be added to the City of Eagan Information Technology Policy which is included in the City of Eagan Personnel Policy Manual. FACTS: • The new Mobile Device section will be added to the City of Eagan Information Technology Policy and in the City of Eagan Personnel Policy Manual. • City Senior Management team has reviewed the policy. • Only mobile devices owned by the City of Eagan are allowed to connect to the City's network. • City owned mobile devices are purchased, configured and supported by the City's IT Department. • All employees will be required to sign an acknowledgement form that they have read and received the Information Technology Policy update demonstrating their agreement to adhere to the policy. ATTACHMENTS: • Enclosed on pages / to /0 is a copy of the new "Mobile Devices" section to be added to the City of Eagan Information Technology Policy. 8 4.7 Mobile Devices Mobile devices are compact devices owned by the City that can contain City owned data such as email, files, pictures, etc. These devices are commonly known as Pocket PC's, Palm, Windows Mobile, Smartphone, iTouch, iPhone, and Blackberry PDA's. Mobile devices storing city - owned data (i.e. email, files, pictures, etc) will be purchased, configured, and supported by the City's IT Department. Cellular telephones, owned by the City, that both do not connect to the City network and IT systems and do not have City owned data other than contact names on the device are exempt from this section of this policy Personal mobile devices are not supported by the City's IT department and are not allow direct or wireless connection to the City's network and IT systems. This includes but is not limited to computers, laptops and servers. Unauthorized devices are not allowed to connect to the City's network and IT systems with the exception of City Wi-Fi available to all citizens. If City email access is desired from a mobile device that is not city -owned, employees may connect to the internet and utilize Outlook Web Access (OWA) for PDA devices. This web address is posted on the City's Intranet Site and may also be obtained from the IT Department. All City owned mobile devices will be recognized as an accessory to a pc/laptop and will adhere to the same password security measures as stated in Section 4.2 of this policy. City owned mobile devices require an 8 character alphanumeric password that will be changed, at a minimum of, every 180 days. These devices will need to be connected to the City's email server or Blackberry server for email synchronization. Storing city -owned data or pictures on a mobile providers network is strictly prohibited (i.e. Verizon Wireless Sync). If a mobile device is lost or stolen the end user will report this to the IT Department as soon as possible. 4.8 Wireless Access Unauthorized wireless access into the City's computer network is strictly prohibited. Wireless access, is defined but not limited to, 802.11 (WiFi), Bluetooth, WiMax and cellular technologies. Users may not attempt to scan, connect to, or install any wireless computing device on City equipment or property. Wireless access must be authorized and configured by the City's IT department. They must utilize up-to-date virus protection and firewall hardware and/or software. Any authorized wireless access must utilize standards-based encryption, and conform to adopted security practices as governed by the City and/or state and federal government requirements. * * * Employees are required to sign off on the overall IT Policy to demonstrate their willingness to adhere to the policy. 07 CITY OF EAGAN TECHNOLOGY POLICY I have received the City's Information Technology Policy and reviewed it. I understand that this receipt will be filed with my personnel records. Employee Name (Please PRINT): Supervisor reviewing policy with employee: Employee signature & acknowledgement of policy having been reviewed: Signature of Supervisor Signature of Employee Date Date 2 iv Agenda Information Memo November 5, 2009 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated October 15, 2009 and October 22, 2009 as presented. ATTACHMENTS: • Check registers dated October 15, 2009 and October 22, 2009 are enclosed without page number. tt Agenda Information Memo November 5, 2009, Eagan City Council Meeting D. APPROVE CHANGE IN BUSINESS STRUCTURE (OWNERSHIP) OF ON -SALE 3.2% MALT LIQUOR (BEER) LICENSE FROM PETER KO, DBA DRAGON PALACE RESTAURANT (SOLE PROPRIETORSHIP) TO DRAGON PALACE, INC. DBA DRAGON PALACE (CORPORATION) ACTION TO BE CONSIDERED: To approve a change in the business structure (ownership) of on -sale 3.2% malt liquor (beer) license from Peter Ko, dba Dragon Palace Restaurant (Sole Proprietorship) to Dragon Palace, Inc., dba Dragon Palace (Corporation.) FACTS: ➢ During the 2010 liquor license renewal process, staff became aware of a change in the licensee name of the Dragon Palace restaurant located at 1466 Yankee Doodle Road. The licensee holder was previously identified as Peter Ko (Sole Proprietor.) At some point in time, the licensee name was changed to Dragon Palace, Inc. (Corporation.) As a matter of housekeeping, the licensee completed the appropriate paperwork for a name change. The application has been reviewed and deemed in order by City staff. ATTACHMENTS (0): Agenda Information Memo November 5, 2009, Eagan City Council Meeting E. DIRECT CITY ATTORNEY'S OFFICE TO PREAPRE AN ORDINANCE AMENDMENT TO CHAPTER 5 - BEER, WINE AND LIQUOR LICENSING AND REGULATION ACTIONS TO BE CONSIDERED: To direct the City Attorney's office to prepare an ordinance amendment to Chapter 5 - Beer, Wine and Liquor Licensing and Regulation. FACTS: ➢ During the course of imposing penalties for liquor license violations, staff discovered a portion of Chapter 5, regarding penalties, requiring some clarification. Currently, in Section 5.02, Subd. 4 (G) and (H), if a licensee is cited for a fourth or more violation in a 36 -month period, they are subject to a civil penalty of $2,000 and 30 days suspension of the license, unless a greater civil penalty, suspension or revocation is otherwise determined by City Council. ➢ The Council has approved a prescribed schedule of penalties to be applied for first, second, third and fourth violations which are to be imposed by the City Clerk. With regard to any liquor violation, the Council is not restricted from ordering the revocation of the license, suspension of the license for up to 60 days or a civil penalty up to $2,000 or any combination thereof. ➢ If a licensee is cited for a fourth or more violation, and requests a hearing to appeal the violation, the Code states that the hearing officer shall present his/her findings of fact and conclusions to the City Council for its consideration of additional penalties, including the revocation of the license. If however, the licensee waives their right to a hearing, the Code does not require the City Clerk to present the violation or the penalty imposition to Council, but rather permits the Council to consider additional penalties. ➢ The proposed change, for Council's consideration at a future Council meeting, will he to: 1) provide that Council be apprised of all fourth or more violations for consideration of additional penalties or 2) remove the language that requires Council consideration of additional penalties for a fourth or more violation, regardless of whether or not a hearing was held. ATTACHMENTS (0): l3 Agenda Information Memo November 3, 2009, Eagan City Council Meeting CONSENT AGENDA: F. Approve the DARE/Police Liaison Services Agreement between the City of Eagan and ISD #196 ACTION TO BE CONSIDERED: Adopt a D.A.R.E. and Police Liaison Services Agreement between the City of Eagan and Independent School District #196. FACTS: • The City of Eagan and ISD #196 have previously partnered in teaching D.A.R.E. to students in eight elementary schools. • The district wishes to continue this relationship and agrees to pay the city $20,751.17 for an Eagan Officer to teach DARE for the 2009-2010 school year. • The City of Eagan and ISD #196 have previously partnered in establishing a school resource officer program in three schools. • The district wishes to continue this relationship and agrees to pay the city $72,671 for Eagan Police Officers to continue working in the schools for the 2009-2010 school year. • The total amount the district will provide the City of Eagan for providing DARE instruction and Police Liaison Services is $93,422.17. Attachments: DARE and Police Liaison Services Agreement on pages I g - J /1 1 D.A.R.E. & POLICE LIAISON SERVICES AGREEMENT: SCHOOL DISTRICT NO. 196 AND CITY OF EAGAN THIS AGREEMENT is made and entered into this day of , 2009 by and between SCHOOL DISTRICT NO. 196, a Minnesota municipal corporation, (hereinafter "School District") and CITY OF EAGAN, a Minnesota municipal corporation, (hereinafter "City"). RECITALS WHEREAS, for purposes of this Agreement, the School District's participating elementary schools within the City consist of the following schools: Deerwood, Glacier Hills, Northview, Oak Ridge, Pinewood, Red Pine, Thomas Lake and Woodland. WHEREAS, for purposes of this Agreement, the School District's participating secondary schools within the City consist of the following schools: Black Hawk Middle School, Dakota Hills Middle School and Eagan High School; and WHEREAS, the parties enter into this Agreement pursuant to Minnesota Statutes §126C.44. NOW THEREFORE, the parties hereto agree as follows: 1. The City agrees to provide a police officer who is a state certified peace officer and certified D.A.R.E. instructor to instruct a curriculum of drug abuse resistant education ("D.A.R.E.") in the School District's elementary schools. 2. The School District agrees to pay the amount of $20,751.17to the City for the City's costs incurred in teaching the D.A.R.E. program for the School District. 3. The City agrees to provide a state certified police officer to perform an average of 20 hours per week police liaison services to each of the School District's secondary schools for the purpose of assisting in the establishment and trained coordination of a cooperative community approach among the School District's schools, students, parents, police and other community resources to address the needs of the students and community members. The City's police liaison services shall include, but not limited to: a. Prevention of delinquency; b. Protection of life and property; and c. Law enforcement. 4. The School District shall pay the City the amount of $72,671, for the City's police liaison services to the School District. 5. The parties agree and acknowledge that the police officers who are assigned to provide D.A.R.E. instruction and police liaison services in the schools are, and will continue to be, members and employees of the City and its police department. The police officers shall not become an agent or employee of the School District by virtue of this Agreement and shall not make any representations to the contrary. The officers shall operate under the direct administration and supervision of the police department but will work in cooperation with school administrators to further mutually agreed goals involving the police department, schools and students. The 1S_ officers shall not have disciplinary authority within the schools or be considered educational service providers, but shall be limited to their police functions. 6. The amount to be paid by the School District as specified in Paragraphs 2 and 4 herein shall be payable for the 2009-2010 school year upon approval of this Agreement by both parties. 7. This Agreement is effective for the 2009-2010 school year; upon the expiration of the 2009-2010 school year, this Agreement shall automatically terminate. 8. Each party shall be liable for the acts and omissions of its own agents and employees and not the acts and omissions of the other party's agents and employees. The parties' liability shall be limited by the provisions of the Municipal Tort Claims Act, Minn. Ch. 466 or other applicable law. 9. The parties agree that all government data collected, shared or received as a result of the parties' duties under this Agreement shall be handled and maintained in accordance with all applicable federal, state and local laws, rules and regulations governing government data, including, but not limited to the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. The parties understand and agree that any sharing of data between them must occur in accordance with the law governing the dissemination of data, including, but not limited to, specific laws and governing the sharing of data on students and minors. SCHOOL DISTRICT NO. 196: By: Mike Roseen Its: Chairperson By: Joel Albright Its: Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this _ day of . 2009, before me a Notary Public within and for said County, personally appeared MIKE ROSEEN and JOEL ALBRIGHT, to me personally known, who each being duly sworn by me, did say that they are the Chairperson and Clerk of School District No. 196 and that said instrument was signed and sealed on behalf of said School District by authority of the School Board and said Chairperson and Clerk acknowledged said instrument to be the free act and deed of the School District. Notary Public /69 CITY OF EAGAN: By: Mike Maguire Its: Mayor By: Maria Petersen Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 2009 before me a Notary Public within and for said County, personally appeared MIKE MAGUIRE and MARIA PETERSEN to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public l7 Agenda Memo November 5, 2009 Eagan City Council Meeting G. Approve resolution authorizing the issuance and sale of General Obligation Recreational Facility Crossover Refunding bonds, Series 2009B. ACTION TO BE CONSIDERED: To approve a resolution authorizing the issuance and sale of General Obligation Recreational Facility Crossover Refunding bonds, Series 2009B. FACTS: • Due to a favorable interest rate environment, the City's bond advisor, Springsted, Inc., is recommending the outstanding 2001 A General Obligation Recreational Facility bonds in the amount of $8.3 million be refunded (i.e., refinanced). • The original bonds mature in 2021. The refunding bonds will have the same maturity. • The existing bonds are not callable (i.e., they can't be paid off) until February 2012; however, the City can take advantage of the current favorable rates by issuing a "crossover" refunding. Under a crossover refunding, the proceeds of the new bonds are placed in escrow and used to make interest payments on the new bonds and then pay off the old bonds when they become callable (2012). • Under current interest rates, the City's net present value savings from the refinancing is estimated at $291,000, which is 3.51% of the existing debt. Rates at the proposed date of sale may or may not be as favorable as they are now, so the net present value savings may change. If rates take a significant turn for the worse, it is possible the net present value savings would fall below the 3% threshold required by law for refinancing, in which case the refinancing would have to be cancelled. The City is not able to lock in an interest rate in advance of the competitively bid sale. • Staff will work with Springsted to coordinate a review of the City's bond ratings with the ratings agencies. • The sale is scheduled to take place through competitive bids on December 1; bid results will be presented to the Council at its regular meeting that evening. ATTACHMENTS: • Resolution authorizing issuance and sale of the bonds is on pages througha CQ . • Sale recommendations memo from Springsted is attached without page number. Extract of Minutes of Meeting of the City Council of the City of Eagan Dakota County, Minnesota Pursuant to due call and notice thereof, a meeting of the City Council of the City of Eagan, Minnesota, was duly held in the City Hall, in said City on Thursday, November 5, 2009 at 6:30 o'clock P.M. The following members were present: and the following were absent: * * * Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION TO ISSUE AND SELL APPROXIMATELY $8,500,000 GENERAL OBLIGATION RECREATIONAL FACILITIES REFUNDING BONDS, SERIES 2009B BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, as follows: 1. The City Council deems it necessary and expedient to issue and sell approximately $8,500,000 General Obligation Recreational Facilities Refunding Bonds, Series 2009A to refund the City's outstanding General Obligation Recreational Facilities, Series 2001A, which mature on and after February 1, 2013, and (ii) to provide additional interest in the form of obligations as authorized by Section 475.56, Minnesota Statutes. 2. Sealed proposals for both series of Bonds will be received on Tuesday, December 1, 2009 at the offices of Springsted Incorporated. The City Council will meet at City Hall at 6:30 o'clock P.M. on the same day for the purpose of considering the proposals and awarding the sale of the Bonds. The terms of the Bonds and the sale thereof shall be substantially as set forth in the Terms of Proposal attached as Exhibit A, which are hereby approved. 19 3. The City has retained Springsted, Incorporated, an independent financial advisor, in connection with the sale as authorized by Minnesota Statutes, Section 475.60, Subd. 2(9), as amended. Adopted by the City Council on this 5th day of November 2009. The motion for the adoption of the foregoing resolution was made by Councilmember , seconded by Councilmember , and upon vote being duly taken thereon, the following voted in favor thereof: and the following voted against the same: and the following were absent: WHEREUPON, said Resolution was declared duly passed and adopted the 5th day of November 2009. ao 2 STATE OF MINNESOTA ) COUNTY OF DAKOTA ) ss. CITY OF EAGAN ) I, the undersigned, being the duly qualified and acting Clerk of the City of Eagan, Dakota County, Minnesota, hereby certify that the above and foregoing Resolution No. is a true and correct copy of the Resolution as adopted by the City Council of the City of Eagan on the 5th day of November 2009. fb.us.4532681.01 City Clerk EXHIBIT A THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $8,500,000* CITY OF EAGAN, MINNESOTA GENERAL OBLIGATION RECREATIONAL FACILITIES REFUNDING BONDS, SERIES 2009B (BOOK ENTRY ONLY) Proposals for the Bonds and the Good Faith Deposit ("Deposit") will be received on Tuesday, December 1, 2009, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time proposals will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 6:30 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted Proposal. OR (b) Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY®. For purposes of the electronic bidding process, the time as maintained by PARITY® shall constitute the official time with respect to all Bids submitted to PARITY®. Each bidder shall be solely responsible for making necessary arrangements to access PARITY® for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY® shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY® shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY®. The City is using the services of PARITY® solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY® is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY®, this Terms of Proposal shall control. Further information about PARITY®, including any fee charged, may be obtained from: PARITY®, 1359 Broadway, 2nd Floor, New York, New York 10018 Customer Support: (212) 849-5000 Preliminary; subject to change. DETAILS OF THE BONDS The Bonds will be dated December 15, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2010. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts* as follows: 2013 $865,000 2014 $875,000 2015 $890,000 2016 2017 2018 $910,000 $935,000 $960,000 2019 $ 990,000 2020 $1,020,000 2021 $1,055,000 * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds or the maturity amounts offered for sale. Any such increase or reduction will be made in multiples of $5, 000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption and must conform to the maturity schedule set forth above. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2018, and on any day thereafter, to prepay Bonds due on or after February 1, 2019. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. The proceeds will be used to refund the February 1, 2013 through February 1, 2021 maturities of the City's General Obligation Recreational Facilities Bonds, Series 2001A, dated December 1, 2001. BIDDING PARAMETERS Proposals shall be for not less than $8,429,875 and accrued interest on the total principal amount of the Bonds. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates are not required to be in level or ascending order; however, the rate for any maturity cannot be more than 1°/0 lower than the highest rate of any of the preceding maturities. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. GOOD FAITH DEPOSIT Proposals, regardless of method of submission, shall be accompanied by a Deposit in the amount of $85,000, in the form of a certified or cashier's check, a wire transfer, or Financial Surety Bond and delivered to Springsted Incorporated prior to the time proposals will be opened. Each bidder shall be solely responsible for the timely delivery of their Deposit whether by check, wire transfer or Financial Surety Bond. Neither the City nor Springsted Incorporated have any liability for delays in the transmission of the Deposit. Any Deposit made by certified or cashier's check should be made payable to the City and delivered to Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101. Any Deposit sent via wire transfer should be sent to Springsted Incorporated as the City's agent according to the following instructions: Wells Fargo Bank, N.A., San Francisco, CA 94104 ABA #121000248 For credit to Springsted Incorporated, Account #635-5007954 Contemporaneously with such wire transfer, the bidder shall send an e-mail to bond_services@springsted.com, including the following information; (i) indication that a wire transfer has been made, (ii) the amount of the wire transfer, (iii) the issue to which it applies, and (iv) the return wire instructions if such bidder is not awarded the Bonds. Any Deposit made by the successful bidder by check or wire transfer will be delivered to the City following the award of the Bonds. Any Deposit made by check or wire transfer by an unsuccessful bidder will be returned to such bidder following City action relative to an award of the Bonds. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota and pre -approved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that underwriter is required to submit its Deposit to the City in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time on the next business a41 day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement, will be deposited by the City and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non -substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Faegre & Benson LLP, of Minneapolis, Minnesota, and of customary closing papers, including a no -litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2 -12(b)(5), the City, as obligated person, will undertake, pursuant to a Continuing Disclosure Certificate, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon its receiving the Continuing Disclosure Certificate at or prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 250 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated November 5, 2009 BY ORDER OF THE CITY COUNCIL /s/ Marta Petersen Clerk Agenda Information Memo November 5, 2009 Eagan City Council Meeting H. APPROVE REVISED CITY PURCHASING POLICY ACTION TO BE CONSIDERED: To approve the revised City Purchasing Policy. FACTS: • Staff has undertaken a review of the City Purchasing Policy to bring it up to date and to reflect recent changes in State Law. • The purpose of the policy is to ensure that: o All purchases comply with applicable laws. o All expenditures are in compliance with the Minnesota Public Purpose Doctrine and City Policy on Public Purpose Expenditures. o The City makes the best possible use of tax dollars by purchasing goods and services economically. o Clear and consistent guidelines are in place for staff to follow in making purchasing decisions. • The 2007 Legislature changed the competitive bid threshold from $50,000 to $100,000; however, the City's Policy remained more restrictive. The revised policy incorporates the higher bidding thresholds and delineates required documentation for various purchases. The attached Purchasing Record demonstrates the revised City parameters included in the revised Purchasing Policy. • The 2008 Legislature added certain requirements for the purchase of safety equipment and apparel which are incorporated in Section XXII of the revised policy. • Also, the 2008 Legislature added a requirement that for a contract estimated to exceed $25,000, a municipality must consider the availability, price and quality of supplies, materials, or equipment available through the State's Cooperative Purchasing Venture before purchasing through another source. That requirement is incorporated in Section IX of the revised policy. • Upon City Council approval of the Policy, training will be provided for all staff who have been delegated purchasing sign off authority and the policy will be placed on the City's intranet for reference. ATTACHMENTS: • Enclosed on pages (Q ' through Purchasing Policy. is a copy of the revised City • Enclosed on page JU is a copy of Purchasing Record to be completed and maintained for certain City purchases per the Policy. a7 City of Eagan Purchasing Policy September, 2009 Table of Contents Section I. Purpose of Policy 1 Section II. Public Purpose of Expenditures 1 Section III. Purchasing Responsibilities 1 Section IV. Decentralized Purchasing 2 Section V. Purchasing Definitions 2-4 Section VI. General Purchasing Guidelines 4 Section VII. Payment Procedures 4-5 Section VIII. Procedures Based on Amount of Purchase 5-6 Section IX. General Requirements — Quotations & Bidding 7 Section X. Best Value Contracting 7 Section XI. Public Construction Contracts Greater than $75,000 7-8 Section XII. Contract Review by City Attorney 8 Section XIII. Insurance Requirements Section XIV. Retention of Purchasing Documentation 8-9 Section XV. Usual and Customary Purchases 9 Section XVI. Professional Consulting Services 9 Section XVII. Credit Cards/Store Purchasing Cards 9 Section XVIII. Charge Accounts 10 Section XIX. Petty Cash 10 Section XX. Travel, Conferences, Schools and Training 10 Section XXI. Ethics and Acceptance of Gifts 10 a9 Section XXII. Safety Equipment and Apparel 10-11 Section XXIII. Emergency Purchasing 11 Appendix A. M.S. 471.345 Uniform Municipal Contracting Law 12-19 Section I. Purpose of Policy The purpose of this policy is to establish the procedures for purchases made on behalf of the City of Eagan. This policy has the following objectives: 1. Ensure that all purchases comply with applicable laws, in particular M.S. 471.345, Uniform Municipal Contracting Law. 2. Comply with Minnesota Public Purpose Doctrine and City Policy on Public Purpose Expenditures. 3. Make the best possible use of tax dollars by purchasing goods and services economically. 4. Provide clear and consistent guidelines for the City staff to follow in making purchasing decisions. Section II. Public Purpose of Expenditures The Minnesota Public Purpose Doctrine permits a governmental entity to expend public funds only when the primary purpose of the expenditure is public and the expenditure relates to the governmental purposes for which the entity was created. There must also be statutory authority allowing for the expenditure of such funds and there must be a benefit to the community. Proper documentation must be maintained by the City to establish that all expenditures served a public purpose. The City of Eagan has established guidelines related to certain public purpose expenditures that may at the same time provide a limited personal benefit to employees. Some such expenditures are permitted as they are intended to serve the public purpose of recruitment and retention of the City's personnel and serve to ensure high employee productivity and morale and reduce expenses resulting from low productivity and high turnover. The City's Public Purpose Expenditure Policy, approved January 20. 2009. and located on the City's Intranet, identifies specific expenditures that are permitted and not permitted. Section III. Purchasing Responsibilities Purchasing and budgetary control for each department is the responsibility of the department head. The department head may designate other staff within their department to purchase goods and services in compliance with the annual budget. The City Council has delegated authority to staff to make usual and customary purchases as approved in the annual budget in compliance with all bidding requirements and the City's purchasing policy. Formal Council approval of budgeted, routine purchases is not necessary. The Director of Administrative Services or designee will report budget status to the City Council on a monthly basis. Payment details for all goods and services will be listed on check registers and presented to the City Council for review. 1 3l Section IV. Decentralized Purchasing The majority of City purchases are decentralized, meaning that each department handles procurement of goods and services needed for their own operation. Individual departments shall determine their policy for implementation of the outlined purchasing procedures. In an effort to be uniform and save time and money on certain purchases, the City Cleric/Administrative Services Coordinator will assist department personnel by providing recommendations on certain vendors, products and services (e.g. office supplies) to secure the best price and highest quality of goods and services. These recommendations should be followed where applicable. Individual departments are expected to provide expertise in their particular areas relating to the purchase of specific goods and services. Section V. Purchasing Definitions Best Value Contracting (BVC) — Applicable only for contracts for construction, building, alteration, improvement, or repair services. Best value describes the results determined by a procurement method that considers price and performance criteria including, but not limited to, vendor quality, timeliness, customer satisfaction, staying within budget and minimizing cost overruns on previous projects, ability to minimize change orders and prepare project plans, vendor's technical abilities, qualifications of key personnel and ability to assess and minimize risk (M.S. 16C.02, Subd. 4, 4a.) Bid Bond — A written guarantee in which a third party agrees to be liable to pay the City a certain amount of money, usually 5% of the bid price, in the event the bidder awarded the contract does not execute the contract documents, furnish any required bond(s) or required insurance documents and proceed with performance. The bid bond, naming the bidder as principal, is given to the City at the time of bid submittal. In lieu of a bid bond, the City may allow the contractor to supply a bid deposit. Bid Deposit - A guaranteed check (certified or cashiers), usually 5% of the bid price, furnished by a bidder to the City to guarantee that a bidder awarded the contract will execute the contract, furnish any required bond(s) or required insurance documents and proceed with performance. The bid deposit is given to the City at the time of bid submittal. In lieu of a bid deposit, the City may allow the contractor to supply a bid bond. Bid Security — A bid bond or bid deposit. Contract — An agreement entered into by the City for the sale or purchase of supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property (M.S. 471.345, Subd. 2.) Cooperative Purchasing Venture (CPV a.k.a. "State Contract") — A joint purchasing program designed by the State of Minnesota where governmental units obtain the benefits 2 of volume purchasing and/or reduction in administrative expenses by participating in the program and purchasing from existing State of Minnesota commodity contracts. Lowest Responsible Bidder — The bidder who is awarded a contract because the bid is lower in price than any of the other bidders and whose reputation, past performance and financial capabilities are such that they would be judged to be capable of satisfying the needs of a specific contract. Open Market — A freely competitive, widely accessible market in which the City may purchase goods and services at a price determined by competition. The purchase is not restricted by price or vendor; it is determined by the best price offered and accepted by the City. Payment Bond — A bond issued by a surety company, authorized to do business in the State of Minnesota, to guarantee payment of all workers, subcontractors and persons furnishing materials which is provided to the City prior to contract execution. The bond should be in an amount not less than the contract price (M.S. 574.26, Subd. 2, 3.) Performance Bond - A bond issued by a surety company, authorized to do business in the State of Minnesota, to guarantee satisfactory completion of a project by a contractor which is provided to the City prior to contract execution. The bond should be in an amount not less than the contract price (M.S. 574.26, Subd. 2, 3.) Price Documentation — Copies of bid awards (any purchasing cooperative available to the City), Internet sales information, specific vendor proposals or written staff notes from conversations. Written staff notes are only applicable for purchases less than $50,000. Public Notice — Also known as a legal notice, a public notice is required by law to inform the public about an action to be taken by a government agency. The notice must be published in the City's official newspaper. Purchasing Cooperative — Contracting for the purchase of supplies, materials, or equipment without regard to the competitive bidding requirements if the purchase is through a national municipal association's purchasing alliance or cooperative created by a joint powers agreement that purchases items from more than one source on the basis of competitive bids or competitive quotations (M.S. 471.345, Subd. 15.) Request for Proposal (RFP) — A solicitation (the process used to communicate procurement requirements and to request responses from interested vendors) where it is not advantageous to set forth all the actual, detailed requirements at the time of solicitation and responses arc negotiated to achieve best value for the City. Price must be a factor in the award but not the sole factor (M.S. 16C.02, Subd. 12.) This process is utilized most often for consultant services, e.g. engineering, legal. The City is not obligated to accept the proposals. 3 33 Sealed Bid — A document enclosed in a sealed envelope or container to be opened at a stated time and place to be evaluated for the award of a contract. Cities must generally use the competitive bidding process in specific situations (refer to Section IX, X and XII.) The process involves publication of an advertisement to solicit sealed bids and the award of the contract to the lowest responsible bidder. The bidding process is not a "test the market" process. The City can reject all bids for good reason. Section VI. General Purchasing Guidelines 1. It is the City's intent to minimize special handling of checks through proper planning. 2. Each department will assist in ensuring that goods and services ordered are received, that only goods and services actually received are paid for, that goods and services ordered are necessary and that no duplicate payments are made. 3. Purchase orders are not required by the City prior to making a purchase. Certain vendors may request a signed purchase order. (Forms are located on the City's Intranet.) 4. The Finance Department is responsible for receiving and paying routine items such as electric, gas, telephone, pager and air card bills. 5. If the purchase of new property results in the need to dispose of existing City property, certain guidelines must be followed. (Refer to the City's Policy for the Sale of Surplus Property, approved September 20, 2005, which is located on the City's Intranet.) 6. Generally accepted accounting principles will be followed. Section VII. Payment Procedures 1. All invoices should be mailed to the department making the purchase. The Finance Department will route invoices to the appropriate department for approval. 2. Original invoices and documents should be submitted for payment whenever possible. 3. All invoices should be approved by including the initials of the person authorizing payment, the date and the proper account code. Using an incorrect account code to obligate an unexpended appropriation will not be permitted. 4. For purchases requiring an order blank, application or printed form to be completed and returned with the check, the completed form along with a copy should be sent to Finance for payment. Examples include dues, subscriptions, reference materials, professional membership applications and renewals and conference registration forms. 5. Claim vouchers are used for such items as reimbursements, refunds and contractual services payments. (Forms are located on the City's Intranet.) If an employee is the payee (claimant), the employee must sign the claim voucher and a countersignature from the employee's supervisor must be 4 '31/- obtained. If the payee is a business/vendor, only one authorized bill payor signature within the department is required. A check will be mailed by the Finance Department unless otherwise directed. 6. Conference/travel reimbursement should be submitted on a travel expense reimbursement form. (Forms are located on the City's Intranet.) 7. Invoices and other documentation, coded per instructions, are due in the Finance Department before noon on Tuesday. Checks for payment of the invoice will be issued on Friday of that week. All invoices coded and submitted for payment after noon on Tuesday will not be paid until Friday of the following week. 8. The City Council has delegated authority to pay certain claims to the Chief Financial Officer and in his/her absence to the Director of Administrative Services. The claims list of all claims paid will be presented to the City Council for informational purposes at the next regular meeting after payment of the claims. 9. Accounts payable documentation is digitally recorded (scanned) for retention purposes. In an effort to simplify the scanning process the following guidelines should be followed: a) remove staples from all documents and paper clip items together; b) if an invoice, receipt or document size is not 8.5 x 11, attach it to that size of paper using tape; c) if the document or receipt is too long for 8.5 x 11 paper, break it into two pages — do not fold; d) the scanner scans both sides, so smaller papers can be taped to the back of an 8.5 x 11 piece of paper; e) if a personal receipt or credit card statement for reimbursement is being submitted, black out account numbers or other personal information; f) if the receipt will not copy well, it will not scan well either and g) receipts for direct bill accounts (e.g., Home Depot, Hardware Hank) must be attached to 8.5 x 11 paper. Section VIII. Procedures Based on Amount of Purchase The Uniform Municipal Contracting Law (Minnesota Statutes 471.345 — See Appendix A) outlines certain quotation/bid requirements based on the amount of the purchase. The City of Eagan has adopted quotation/bid requirements for purchases up to $100,000 that, at a minimum, meet the statutory requirements, and at times, exceed the statutory requirements. For purchases over $100,000, the City's policy reflects the same requirements as the Uniform Municipal Contracting Law. The following procedures apply to the purchase of supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property. Purchasing must be consistent with the approved annual budget. Any deviations should be clearly documented and recorded as to special circumstances necessitating the deviation. 5 Purchases under $10,000 These purchases may be made on the open market at the most convenient locations, provided that whenever volume or quantity purchases are considered, staff is encouraged to seek competitive pricing. The City's general purchasing guidelines should be followed. Purchases from $10,000 to $50,000 Price documentation should be obtained from at least two vendors/purchasing cooperatives and included with the request for payment and retained as the same time period required for the invoice. If price documentation from at least two vendors/purchasing cooperatives cannot be obtained for any reason, written explanation of the circumstances must be provided. Purchases from $50,000 to $100,000 Price documentation should be obtained from at least three vendors/purchasing cooperatives and included with the request for payment and retained as the same time period for the invoice. If price documentation from at least three vendors/purchasing cooperatives cannot be obtained for any reason, written explanation of the circumstances must be provided. The City Council and/or staff reserve the right to reject all quotations. Purchases over $100,000 (M.S. 471.345, Subd. 3) Sealed bids shall be solicited by public notice. Council must first authorize the advertisement for bids and must also award the contract. All accepted bids must be kept for ten years after the completion of the contract. Accepted bids for capital improvements, must be retained permanently. All rejected bids shall be kept for a period of six years following the award of the bid. Requests for competitive bids are required to be published once at least ten (10) days before the last day for submission of bids in the City's official newspaper. Either specifications or a memo listing where they can be found shall be on file with either the Office of the City Clerk or the department seeking bids. Copies of the specifications will be furnished on request to any prospective bidder. A monetary deposit may be required to guarantee their return. Bids shall be directed to the City Clerk or the designated department, securely sealed and clearly labeled on the outside package with a description of the bid. The City Council reserves the right to reject all bids. Bids, both accepted and rejected, are considered public data following award of the bid by the City Council. 6 Section IX. General Requirements - Quotations & Bidding Contracts that are awarded as a result of the quotation or bidding process shall be awarded to the lowest responsible bidder. As an alternative to awarding the bid to the lowest responsible bidder, Best Value Contracting (BVC) may be used for public construction projects. Bidding requirements are met if goods or services being purchased have been bid through any cooperative purchasing arrangement. For a contract estimated to exceed $25,000, a municipality must consider the availability, price and quality of supplies, materials, or equipment available through the State's Cooperative Purchasing Venture before purchasing through another source. When purchasing in excess of $25,000, document efforts made to utilize State contracts in the event that state contracts are not utilized. On purchases being made over a period of time, e.g. motor fuels, water meters, etc., steps are to be undertaken to show that competitive prices have been received by the City. No attempt to avoid bidding requirements by splitting a contract into several contracts, each of which is below the minimum amount requiring bids, is to be made. Purchases over a period of time to meet City utilization requirements are not considered an attempt to avoid bidding requirements. Section X. Best Value Contracting Best Value Contracting (BVC) allows governmental entities to consider both price and contractor performance to get the best overall value on construction projects. The criteria used to evaluate BVC proposals must be included in the RFP along with the relative weight of price and other selection criteria. Section XI. Public Construction Contracts Greater than $75,000 For public construction contracts greater than $75,000 for public work, performance and payment bonds are required. Performance and payment bonds should be issued for the amount of the total bid. If the contract amount increases, the amount of the payment and performance bonds should also be increased. Performance and payment bonds will be returned two years after successful completion of contract and final acceptance of the project by the City. A bid security, in the form of a bid bond or bid deposit in an amount equal to 5% of the bid, is required to ensure that the successful bidder will sign a contract according to the bid specifications at the price offered and to ensure that the performance and payment bonds and insurance are submitted as required. The bid security shall be subject to forfeit for failure to contract within 15 days after tender. Deposits of unsuccessful bidders will be returned upon award of contract. The successful bidder's deposit will be returned after 7 the contract is awarded and the payment and performance bonds and insurance have been received by the City. Section XII. Contract Review by City Attorney For construction projects or any agreements requiring a public notice or intricate service requirements, the City Attorney's office should review the contract prior to execution. For usual and customary agreements, the City Attorney's office should review the initial agreement and any substantial changes to the original agreement. Section XIII. Insurance Requirements In most situations, where services are provided by a vendor, and for all construction contracts, proof of insurance should be provided to the City. The City of Eagan should be listed as the certificate holder and also as an Additional Insured with respect to any and all projects done on their behalf by the contractor or vendor. The department engaging the services of the contractor and overseeing implementation of the contract is responsible for securing and maintaining the certificate of insurance and ensuring that a current certificate is in effect throughout the contract period. The following insurance limits should be requested: General Liability (or in combination with an umbrella policy) $1,000,000 Each Occurrence $1,000,000 Personal & Advertising Injury $2,000,000 Products Completed Operations Aggregate $2,000,000 Annual Aggregate Auto Liability $1,000,000 Combined Single Limit — Bodily Injury & Property Damage Owned Vehicles (if contractor has such vehicles) Hired & Non -Owned Workers Compensation Statutory Limits $100,000 Each Accident $500,000 Policy Limit $100,000 Each Disease Section XIV. Retention of Purchasing Documentation In most cases, the documentation required to support a purchasing decision should be retained with the invoice and filed electronically by the Accounts Payable Clerk. Per the City's Record Retention Schedule, invoices and related documentation must be retained for a period of six years. Bids and specifications for accepted contracts shall be kept on file for a period of ten years following payment/audit. Rejected bids and specifications 8 shall be maintained for a period of six years. For capital improvement projects, bids and specifications must be kept permanently. For those retention periods that are longer than the six year retention for invoices, departments are responsible for maintaining the records supporting the purchase. (Refer to Retention Schedule which is located on City's Intranet.) Section XV. Usual and Customary Purchases Subject to the requirements found in Section VIII. Procedures Based on Amount of Purchase, City staff may purchase items and services of a usual and routine nature when the items and services 1) have been included in the City's annually approved budgets, 2) do not involve personnel, and 3) do not include new or expanded operations or functions. All actions that obligate the City for purchases and commitment are subject to all purchasing and bidding statutes and City policies. Usual and customary purchases of items and services for City operations and functions meeting the above criteria do not necessarily require Council approval or signatures by the Mayor and City Clerk. (Refer to Resolution No. 08-15A, approved May 6, 2008, which is located on the City's Intranet.) Section XVI. Professional Consulting Services Professional consulting services such as engineering, legal, architectural and planning do not fall under the State or City competitive bidding process due to the subjective nature of the service provided. The City of Eagan has latitude to define which vendor or consultant best meets their particular needs and are not constrained to the lowest responsible bid. The public interest should be served through a mechanism which will ensure quality service for the dollar spent. The City follows an RFP process when soliciting professional consulting services. (Refer to the City's Professional Consulting Services Policy, adopted March 19, 1991, which is located on the City's Intranet.) Section XVII. Credit Cards/Store Purchasing Cards In certain situations, efficiencies in the City's purchasing process are gained through the use of credit cards or store purchasing cards (e.g. Office Depot store card.) Credit limits will be established and programmed into the cards. No cash withdrawals will be allowed with the cards. The employee whose name is on the card is the only one authorized to use that card. Any employee issued a City credit card should use the City card (not a personal card) for any City business requiring the use of a credit card. (For cardholder responsibilities, refer to the City's Credit Card Policy, approved April 9, 1999, which is located on the City's Intranet.) 9 31 Section XVIII. Charge Accounts In certain situations, it may be advantageous to use charge accounts with local businesses and vendors which allow employees to purchase needed goods and services with periodic (usually monthly) billing to the City. Employees must sign sales slips or other vendor documentation at the time of the sale and submit documentation to their supervisor. Section XIX. Petty Cash The petty cash fund is used for the purchase of no more than $20.00 for items that are needed at once. (Refer to the City's Petty Cash Policy, approved September 1, 2009, which is located on the City's Intranet.) Section XX. Travel, Conferences, Schools and Training Reimbursements of travel expenses are intended to refund actual costs incurred by City employees and officials while traveling as authorized representatives of the City of Eagan. (Refer to the City's Travel Regulations and Reimbursement Policy, approved June 19, 2007, which is located on the City's Intranet.) Section XXI. Ethics and Acceptance of Gifts Employees shall not make any purchases for personal use utilizing City funds. The only exception would be those purchases made in accordance with the City's Public Purpose Expenditure Policy that provide a limited personal benefit to employees. Employees shall not be allowed to take advantage of special pricing offered to the City by vendors to make personal purchases. Employees may not take advantage of government discounts for non -business related purchases. The general rule to be applied is if a discount is not available to a member of the public, the employee should not take advantage of it. Gifts offered by vendors to staff responsible for making purchasing decisions may only be accepted if they are considered to be a trinket or memento costing $5.00 or less. (Refer to July 21, 1994 memo regarding the City's Gift Policy, which is located on the City's Intranet.) Section XXII. Safety Equipment and Apparel A public employer is prohibited from knowingly purchasing or acquiring, furnishing, or requiring an employee to purchase or acquire for wear or use while on duty, any of the following items if the item is not manufactured in the United States of America: 1) any uniform or other item of wearing apparel over which an employee has no discretion in selecting except for selecting the proper size; or 2) safety equipment or protective accessories. 10 116 Preference must be given to purchases from manufacturers who pay an average annual income, including wages and benefits, equal to at least 150 percent of the federal poverty guideline adjusted for a family size of four. A public employer may purchase or acquire, furnish, or require an employee to purchase or acquire items referenced above manufactured outside of the United States if similar items are not manufactured or available for purchase in the United States. This law becomes effective January 1, 2010, or upon expiration of valid contracts for such equipment and apparel entered into by public employers prior to June 1, 2009, whichever is later. Section XXIII. Emergency Purchasing An emergency is defined as an unforeseen combination of circumstances that calls for immediate action to prevent a disaster from developing or occurring. The Mayor can declare a local emergency which may last no longer than three days unless the City Council agrees to continue it. During that time, the governing body may waive compliance with the prescribed purchasing guidelines including compliance with M.S. 471.345, Uniform Municipal Contracting Law (see Appendix A.) Lack of proper planning by staff does not constitute a basis for making emergency purchases. 11 Appendix A 2008 Minnesota Statutes 471.345 UNIFORM MUNICIPAL CONTRACTING LAW. Subdivision 1. Municipality defined. For purposes of this section, "municipality" means a county, town, city, school district or other municipal corporation or political subdivision of the state authorized by law to enter into contracts. Subd. 2. Contract defined. A "contract" means an agreement entered into by a municipality for the sale or purchase of supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real .or personal property. Subd. 3. Contracts over $100,000. If the amount of the contract is estimated to exceed $100,000, sealed bids shall be solicited by public notice in the manner and subject to the requirements of the law governing contracts by the particular municipality or class thereof. With regard to repairs and maintenance of ditches, the provisions of section 103E.705, subdivisions 5, 6, and 7, apply. Subd. 3a. Contracts over $100,000; best value alternative. As an alternative to the procurement method described in subdivision 3, municipalities may award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). Subd. 4. Contracts exceeding $25,000 but not $100,000. If the amount of the contract is estimated to exceed $25,000 but not to exceed $100,000, the contract may be made either upon sealed bids or by direct negotiation, by obtaining two or more quotations for the purchase or sale when possible, and without advertising for bids or otherwise complying with the requirements of competitive bidding. All quotations obtained shall be kept on file for a period of at least one year after receipt thereof. Subd. 4a. Contracts exceeding $25,000 but not $100,000; best value alternative. As an alternative to the procurement method described in subdivision 4, municipalities may award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). 12 To� Subd. 5. Contracts $25,000 or less. If the amount of the contract is estimated to be $25,000 or less, the contract may be made either upon quotation or in the open market, in the discretion of the governing body. If the contract is made upon quotation it shall be based, so far as practicable, on at least two quotations which shall be kept on file for a period of at least one year after their receipt. Alternatively, municipalities may award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). Subd. 5a. County or town rental contracts. If the amount of a county or town contract for the rental of equipment is estimated to be $60,000 or less, the contract may, in the discretion of the county or town board, be made by direct negotiation by obtaining two or more quotations for the rental when possible and without advertising for bids or otherwise complying with the requirements of competitive bidding. All quotations shall be kept on file for a period of at least one year after their receipt. Subd. 5b. Water tank service contracts. A municipality may, by direct negotiation or through the solicitation of requests for proposals, enter into a multiyear professional service contract for the engineering, repair, and maintenance of a water storage tank and appurtenant facilities owned, controlled, or operated by the municipality, if the contract contains: (1) a provision that the municipality is not required to make total payments in a single year that exceed the water utility charges received by the municipality for that year; (2) a provision requiring that the work performed be done under the review of a professional engineer licensed in the state of Minnesota attesting that the work will be performed in compliance with all applicable codes and engineering standards; and (3) a provision that if, at the commencement of the contract, the water tank or appurtenant facilities require engineering, repair, or service in order to bring the water tank or facilities into compliance with federal, state, or local requirements, the party contracting with the municipality is responsible for providing the engineering, repair, or service. The costs to bring the water tank or facilities into compliance must be itemized 13 43 separately and charged to the municipality in payments spread over a period of not less than three years from the commencement of the contract. Subd. 6. Applicability of other laws. The purpose of this section is to establish for all municipalities, uniform dollar limitations upon contracts which shall or may be entered into on the basis of competitive bids, quotations or purchase or sale in the open market. To the extent inconsistent with this purpose, all laws governing contracts by a particular municipality or class thereof are superseded. In all other respects such laws shall continue applicable. Subd. 7. Minimum labor standards. Nothing in this section shall be construed to prohibit any municipality from adopting rules, regulations, or ordinances which establish the prevailing wage rate as defined in section 177.42, as a minimum standard for wages and which establish the hours and working conditions prevailing for the largest number of workers engaged in the same class of labor within the area as a minimum standard for a contractor's employees which must be agreed to by any contractor before the contractor may be awarded any contract for the furnishing of any labor, material, supplies, or service. Subd. 8. Procurement from economically disadvantaged persons. For purposes of this subdivision, the following terms shall have the meanings herein ascribed to them: (a) "Small targeted group business" means businesses designated under section 16C.16. (b) "Business entity" means an entity organized for profit, including an individual, partnership, corporation, joint venture, association, or cooperative. Nothing in this section shall be construed to prohibit any municipality from adopting a resolution, rule, regulation, or ordinance which on an annual basis designates and sets aside for awarding to small targeted group businesses a percentage of the value of its anticipated total procurement of goods and services, including construction, and which uses either a negotiated price or bid contract procedure in the awarding of a procurement contract under a set-aside program as allowed in this subdivision, provided that any award based on a negotiated price shall not exceed by more than five percent the municipality's estimated price for the goods and services if they were purchased on the open market and not under the set-aside program. Subd. 9.[Repealed, 1990 c 549 s 3] Subd. 10. Shared hospital or ambulance service purchasing. Supplies, materials, or equipment to be used in the operation of a hospital licensed under sections 144.50 to 144.56 or an ambulance service licensed under chapter 144E that are purchased or leased under a shared service purchasing arrangement whereby more than one hospital or ambulance service purchases supplies, materials, or equipment with one or more other hospitals or ambulance services either through one of the hospitals or ambulance services or through another entity, may be purchased without regard to the competitive bidding requirements of this section, if the following conditions are met: (1) the hospital's or ambulance service's governing authority authorizes the arrangement; (2) the shared services purchasing program purchases items available from more than one source on the basis of competitive bids or competitive quotations of prices; and (3) the arrangement authorizes the hospital's or ambulance service's governing authority or its representatives to review the purchasing procedures to determine compliance with these requirements. The shared services purchasing program may award contracts to more than one bidder if doing so does not decrease the service level or diminish the effects of competition. Subd. 11. Fuel contracts for generation of municipal power. Notwithstanding the amount of the contract, any contract entered into by a municipality for the purchase of fuel required for the generation of power from municipal power plants shall be governed by subdivision 4. Subd. 12. Procurement from rehabilitation facilities. Nothing in this section prohibits a municipality from adopting a resolution, rule, regulation, or ordinance that on an annual basis designates and sets aside for awarding to rehabilitation facilities as described in section 268A.06 a percentage of the value of its anticipated total procurement of goods and services, including construction, and which uses either a negotiated price or bid contract procedure in the awarding of a procurement contract under 15 I1J a set-aside program as allowed in this subdivision, provided that any award based on a negotiated price shall not exceed by more than five percent the municipality's estimated price for the goods and services if they were purchased on the open market and not under the set-aside program. Subd. 13. Energy efficiency projects. The following definitions apply to this subdivision. (a) "Energy conservation measure" means a training program or facility alteration designed to reduce energy consumption or operating costs and includes: (1) insulation of the building structure and systems within the building; (2) storm windows and doors, caulking or weatherstripping, multiglazed windows and doors, heat absorbing or heat reflective glazed and coated window and door systems, additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption; (3) automatic energy control systems; (4) heating, ventilating, or air conditioning system modifications or replacements; (5) replacement or modifications of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to the applicable state or local building code for the lighting • system after the proposed modifications are made; (6) energy recovery systems; (7) cogeneration systems that produce steam or forms of energy such as heat, as well as electricity, for use primarily within a building or complex of buildings; (8) energy conservation measures that provide long-term operating cost reductions. (b) "Guaranteed energy -savings contract" means a contract for the evaluation and recommendations of energy conservation measures, and for one or more energy conservation measures. The contract must provide that all payments, except obligations on termination of the contract before its expiration, are to be made over time, but not to exceed 20 years from the date of final installation, and the savings are guaranteed to the extent necessary to make payments for the systems. (c) "Qualified provider" means a person or business experienced in the design, implementation, and installation of energy conservation measures. A qualified provider to whom the contract is awarded shall give a sufficient bond to the municipality for its faithful performance. Notwithstanding any law to the contrary, a municipality may enter into a guaranteed energy -savings contract with a qualified provider to significantly reduce energy or operating costs. Before entering into a contract under this subdivision, the municipality shall provide published notice of the meeting in which it proposes to award the contract, the names of the parties to the proposed contract, and the contract's purpose. Before installation of equipment, modification, or remodeling, the qualified provider shall first issue a report, summarizing estimates of all costs of installations, modifications, or remodeling, including costs of design, engineering, installation, maintenance, repairs, or debt service, and estimates of the amounts by which energy or operating costs will be reduced. A guaranteed energy -savings contract that includes a written guarantee that savings will meet or exceed the cost of energy conservation measures is not subject to competitive bidding requirements of section 471.345 or other law or city charter. The contract is not subject to section 123B.52. A municipality may enter into a guaranteed energy -savings contract with a qualified provider if, after review of the report, it finds that the amount it would spend on the energy conservation measures recommended in the report is not likely to exceed the amount to be saved in energy and operation costs over 20 years from the date of final installation if the recommendations in the report were followed, and the qualified provider provides a written guarantee that the energy or operating cost savings will meet or exceed the costs of the system. The guaranteed energy -savings contract may provide for payments over a 17 4-7 period of time, not to exceed 20 years. A municipality may enter into an installment payment contract for the purchase and installation of energy conservation measures. The contract must provide for payments of not less than 1/20 of the price to be paid within two years from the date of the first operation, and the remaining costs to be paid monthly, not to exceed a 20 -year term from the date of final acceptance. A municipality entering into a guaranteed energy -savings contract shall provide a copy of the contract and the report from the qualified provider to the commissioner of commerce within 30 days of the effective date of the contract. Guaranteed energy -savings contracts may extend beyond the fiscal year in which they become effective. The municipality shall include in its annual appropriations measure for each later fiscal year any amounts payable under guaranteed energy -savings contracts during the year. Failure of a municipality to make such an appropriation does not affect the validity of the guaranteed energy -savings contract or the municipality's obligations under the contracts. Subd. 14. Damage awards. In any action brought challenging the validity of a municipal contract under this section, the court shall not award, as any part of its judgment, damages, or attorney's fees, but may award an unsuccessful bidder the costs of preparing an unsuccessful bid. Subd. 15. Cooperative purchasing. A municipality may contract for the purchase of supplies, materials, or equipment without regard to the competitive bidding requirements of this section if the purchase is through a national municipal association's purchasing alliance or cooperative created by a joint powers agreement that purchases items from more than one source on the basis of competitive bids or competitive quotations. Subd. 16. Reverse auction. Notwithstanding any other procedural requirements of this section, a municipality may contract to purchase supplies, materials, and equipment using an electronic purchasing process in which vendors compete to provide the supplies, materials, or equipment at the lowest selling price in an open and interactive environment. A municipality may not use this process to contract for services, as defined by section 16C.02, subdivision 17, or a service contract, as defined by 18 section 16C.02, subdivision 16. Nothing in this subdivision must be construed to prohibit a municipality from adopting a resolution, rule, regulation, or ordinance relating to minimum labor standards under subdivision 7, or procurement from economically disadvantaged persons under subdivision 8. Subd. 17. Electronic sale of surplus supplies, materials, and equipment. Notwithstanding any other procedural requirements of this section, a municipality may contract to sell supplies, materials, and equipment which is surplus, obsolete, or unused using an electronic selling process in which purchasers compete to purchase the surplus supplies, materials, or equipment at the highest purchase price in an open and interactive environment. Subd. 18. Electronic bidding. Notwithstanding any other procedural requirements of this section, vendors may submit bids, quotations, and proposals electronically in a form and manner required by the municipality. A municipality may allow bid, performance, or payment bonds, or other security, to be furnished electronically. Subd. 19. Town road construction and maintenance. Notwithstanding any other procedural requirements of this section, a town may contract for the construction or maintenance of a town road by agreeing to the terms of an existing contract between a vendor and a county for road construction or maintenance on an adjoining road if the existing county contract was made in conformance with all applicable procedural requirements. History: 1969 c 934 s 1; 1973 c 123 art 5 s 7; 1973 c 226 s 1,2; 1974 c 510 s 1; 1977 c 182 s 1-3; 1980 c 462 s 4; 1983 c 42 s 1-3; 1983 c 301 s 211; 1984 c 413 s 1; 1985 c 172 s 129; 1Sp1985 c 13 s 347; 1986 c 350 s 1,2; 1986 c 444; 1988 c 409 s 1; 1988 c 689 art 2 s 268; 1989 c 9 s 3; 1989 c 352 s 19,25; 1990 c 391 art 8 s 51; 1990 c 541 s 26,29; 1990 c 549 s 1; 1992 c 380 s 4-6; 1998 c 386 art 2 s 93; 1998 c 397 art 11 s 3; 1999 c 13 s 1; 2000 c 328 s 2-4; 2002 c 358 s 1; 1Sp2003 c 10 s 1; 2004 c 278 s 10-14; 2005 c 63 s 1; 2006 c 274 s 2; 2007 c 136 art 3 s 4; 2007 c 148 art 3 s 31-33; 2008 c 207 s 4-8; 2008 c 356 s 11 19 4`� Purchasing Record This form is to be completed and retained with other purchasing documentation, and invoice, for purchases made between $10,000 and $100,000. All documentation should be provided to Accounts Payable. Description of purchase: Amount of purchase: $ Vendor selected: Explain why vendor was selected: Purchase made by: Dept: For purchases between: $10,000 to $50,000: Price documentation from at least two vendors/purchasing cooperatives $50,000 to $100,000: Price documentation from at least three vendors/purchasing cooperatives Indicate which pieces of price documentation were obtained: (X all that apply) Vendor name: Two or three pieces of documentation are required depending upon purchase amount Description, if necessary, or attach documentation ❑ ❑❑ Copies of bid awards (any purchasing cooperative available to the City) Phone: ❑ Internet sales information Phone: ❑ ❑ Specific vendor proposals (complete section below) ❑ ❑ Written staff notes from conversations (only applicable for purchases less than $50,000) ❑ Other Vendor name: Contact: Phone: Vendor name: Contact: Phone: Vendor name: Contact: Phone: E The least cost option was not chosen. The rationale for this decision is attached. If required piece(s) of price documentation could not be obtained, provide a detailed explanation describing the measures taken and limitations encountered: Signature of employee authorizing purchase Date �1 Agenda Memo November 5, 2009 Eagan City Council Meeting I. Approve 2010 Funding Application to Dakota County for the Community Landfill Abatement Funds. ACTION TO BE CONSIDERED: To approve the funding application to Dakota County to operate the 2010 Dakota Valley Recycling Program, the joint recycling program for the Cities of Eagan, Apple Valley and Burnsville. FACTS: • The Cities of Eagan, Apple Valley and Burnsville annually makes joint application to Dakota County for Solid Waste Abatement funds to provide the budget for the joint Dakota Valley Recycling program which serves all three cities. • This year's grant application deadline is November 25, 2009, by which time the application must have been approved by all three city councils and submitted to Dakota County. • The base level funding for the Recycling Program has been set at $156,300 and supports two full-time employees, outreach materials, a Web -site, and public contact phone lines. • Dakota Valley Recycling was present at Market Fest and Showcase Eagan this year, as well as coordinating the upcoming Shoe Recycling event November 9-15 at the Eagan Civic Arena drop-off location, and the Techno-trash bins at City facilities for recycling of batteries, etc. • Dakota County is offering additional money for projects that support the Dakota County Solid Waste Master Plan outcomes. Dakota Valley Recycling is applying for an additional $13,600 to fund an ARROW business recycling initiative and event, bringing the total amount of the application to $169,900. ATTACHMENTS: • None 5I Agenda Information Memo November 5, 2009 Eagan City Council Meeting J. CONTRACT 08-06, NORTHWOOD PKWY — I -35E OVERPASS ACTION TO BE CONSIDERED: Approve Change Order No. 4 for Contract 08-06 (Northwood Pkwy — I -35E Overpass) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 08-06 provides for the extension of Northwood Parkway over I -35E from Pilot Knob Road to Denmark Avenue, reconfiguration of the existing Northwood Parkway/ Denmark Avenue intersection with a roundabout, bituminous trail/ sidewalk on each side of Northwood Parkway, and decorative street lighting. • On April 15, 2008, the City Council awarded Contract 08-06 for these improvements. • Change Order No. 4 provides for: • The application of seed and mulch material to the north slope of Northwood Parkway east of 35E to ensure sufficient vegetation establishment on the reinforced soil slope wall (ADD $3,652 — 0.09%). • All costs will be the responsibility of the City's Major Street Fund. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. Agenda Information Memo November 5, 2009 Eagan City Council Meeting K. CONTRACT 08-07, LEXINGTON/DIFFLEY & SAFARI RESERVOIRS REHABILITATION IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the 5th and final payment for Contract 08- 07 (Lexington/Diffley and Safari Reservoir Improvements) in the amount of $206,825 to TMI Coatings Inc, and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 08-07 provided for the rehabilitation and repainting of the 4 million gallon Lexington/Diffley & Safari Water. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. �3 Agenda Information Memo November 5, 2009 Eagan City Council Meeting L. APPROVE CONTRACTUAL STREET PLOWING AGREEMENT ACTION TO BE CONSIDERED: Approve an Agreement for Contractual Snow and Ice Control services with Gallagher's, Inc for the 2009-2010 winter snow and ice season and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan invited bidders to submit sealed quotations for the 2009-2010 snow and ice control season/operations. Gallagher's, Inc was the successful bidder for the street and cul de sac snow removal. The 2009-2010 contract is renewable upon agreement by both parties for a second year. • The new quotations reflect no price increases for street and cul de sac snow removal. It appears that the lack of any price increase is reflective of the current economy. The City has received timely response and quality service from Gallagher's Inc. through past contracts since 1998. • The agreement provides for the continued use of a fuel surcharge clause allowing for re -imbursement of agreed upon quantities of fuel purchased at a rate above $2.50 per gallon for the 2009-2010 snow and ice control season. • The City Attorney has reviewed the contract documents and found everything to be in order for favorable Council consideration. ATTACHMENTS: • Bid Summary, page s City of Eagan MEMO TO: TOM COLBERT, DIRECTOR OF PUBLIC WORKS FROM: TOM STRUVE, SUPERINTENDENT OF STREETS & EQUIPMENT DATE: OCTOBER 21, 2009 SUBJECT: CONTRACTUAL STREET, TRAIL & SIDEWALK SNOW PLOWING 2009-2010 SNOW AND ICE SEASON RECEIPT OF SEALED QUOTATIONS The City of Eagan solicited contractors to submit sealed quotations for 2009-2010 snow and ice control season/operations. Gallagher's, Inc. of Lakeville, MN., and Paragon Company of St. Paul, MN., both indicated an interest. City managers met with representatives of Paragon Company on Monday September 28 to explain operations and answer any questions. Paragon Company did not submit a quotation. Gallagher's Inc. submitted quotations on Oct 9, 2009 (the filing deadline). The new quotations reflect a 0% increase for street and cul de sac snow removal. Gallagher's Inc. has been providing contract winter snow and ice services to the City of Eagan since 1994 and we are generally pleased with their work. Recommendation I recommend that the City accept the quotes from Gallagher's' Inc. and renew the street/cul de sac plowing contract for the 2009/2010 and snow season. The following types of equipment with accessories are to be used as directed by the City. Equipment Tandem with •low & win. Loader with bucket Loader with • low Grader with • low & win • 2008/2009 2009/2010 $95 $105 $118 $118 $95 $105 $118 $118 Increase 0% 0% 0% 0% The City attorney has reviewed the quotation contract documents and everything is found to be in order. Please let me know if there is any additional information you may need. Respectfully Submitted, Tom Struve Supt. Streets and Equipment Agenda Information Memo November 5, 2009, Eagan City Council Meeting M. WELL DRILLING PERMIT — UNISYS CORP ACTION TO BE CONSIDERED: Approve the issuance of a permit to the Unisys Corporation to drill a water supply well at 3199 Pilot Knob Rd subject to the listed conditions. FACTS: • City Staff was informed by the Unisys Corp. of their intent to drill and develop a water supply well on their campus located at 3199 Pilot Knob Rd to provide an emergency source of backup water for their cooling systems serving the Unisys' data center operations. The applicant is proposing to drill an 8" single casing well with a pumping capacity of 100 gallons per minute (gpm) approximately 335 ft. deep, which potentially gets into the Prairie du Chien aquifer. • City Code states: Wells. Applicant shall not drill or install any well larger than four inches on a site without first obtaining approval from the council in writing. • The location of the proposed well is located within the City's official Wellhead Protection Zone and Drinking Water Supply Management Area for the City's north well field. This proposed well lies within the 10 year transmissibility travel time for the north well field ground water travel shed and it is located within 900 ft of Well #20 (Central Park Pavilion), 1400 ft of Well #17 (Timberline) and 2500 ft of Well #7 (west property line of Central Park), the last of which has been determined to be vulnerable to surface contamination releases. All 3 city wells are located in the Jordan aquifer which lies below, but hydraulically connected to, the Prairie du Chien aquifer. • If a permit is to be granted, it should include the following conditions: 1. The well shall be no greater that 8 inches in diameter 2. The well shall not be drilled into any part of the Prairie du Chien (or shale) aquifer, nor greater than 335 ft, whichever is the greater restriction. 3. The well shall not pump at a rate greater than 100 gpm. 4. Unisys (and all future property owners) shall submit to the City a certified copy of the well log and an annual report of any usage of the well. 5. The water supply line shall not be connected to any portion of the City's water supply line. ATTACHMENTS: • Well location Site Plan, page S • North well field water utility layout, page 5F? • UNISYS 3199 PILOT KNOB RD EAGAN MN 55121 SITE PLAN PROPOSED WELL SCALE: 1" = 175' - 0" SEE PAGE ION R arae � SHIELDS DR rn 0 1211 000MH39W1 Z o °n 0 0 b0 3`00111 3NId LD 000MA11113210 $ 3142 3140 3138 1136 N1 ONOS N301V 0 'D�b b3nla 3\493151 1511 1075 2 3126 3124 3120 EROREE 1413:1 Agenda Information Memo November 5, 2009, Eagan City Council Meeting N. REGIONAL MUTUAL AID ASSOCIATION - WITHDRAWAL ACTION TO BE CONSIDERED: Approve the resolution to withdraw from the Regional Mutual Aid Association and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The Regional Mutual Aid Association (RMAA) was established in 1984 to establish pre -authorized cooperation between metro area communities allowing them to provide immediate emergency aid and assistance to other members. • It was administrated jointly by the Directors of Public Works for the cities of Bloomington and Fridley, both of whom have long since retired. The original agreement has never been updated and is no longer considered legally applicable. • However, recognizing the benefits and merits that such cooperative ventures provide, the State recently created legislation that provides the same authority to all communities without the need of a separate agreement. • It has been recommended that member cities of the defunct RMAA formally withdraw by passing a resolution. ATTACHMENTS: • Resolution, page �� CITY OF EAGAN RESOLUTION NO. WITHDRAWAL AND TERMINATION FROM THE JOINT AND COOPERATIVE AGREEMENT FOR THE USE OF PERSONNEL AND EQUIPMENT DURING EMERGENCIES REGIONAL MUTUAL AID ASSOCIATION WHEREAS, the City of Eagan desires to withdraw and terminate from the Joint and Cooperative Agreement for the use of Personnel and Equipment during Emergency Regional Mutual Aid Association approved on March 19, 1986; and WHEREAS, Article VI of the Agreement allows any party to withdraw at any time upon thirty (30) days written notice to the Secretary of the Regional Mutual Aid Association, who shall thereupon give notice of such withdrawal, and of the effective date thereof, to all other parties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan as follows: 1. That the City of Eagan shall withdraw from the Joint and Cooperative Agreement for Use of Personnel and Equipment During Emergencies Regional Mutual Aid Association. 2. That the Public Works Director is directed to submit written notice to the Secretary of the Regional Mutual Aid Association of the City's intent to withdraw from the Joint and Cooperative Agreement for Use of Personnel and Equipment During Emergencies Regional Mutual Aid Association. PASSED by the City Council of the City of Eagan this 5th day of November, 2009. CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution as duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 5th day of November, 2009 Maria Petersen Agenda Information Memo November 5, 2009 Eagan City Council Meeting O. PUBLIC WORKS 5 -YEAR CAPITAL IMPROVEMENT PROGRAM NOISE WALL ACTION TO BE CONSIDERED: Approve a resolution amending the Public Works 5 -Year Capital Improvement Program (2010-2014) to incorporate the addition of a Minnesota Department of Transportation noise wall in 2014. FACTS: • On June 2, 2009, the City Council approved the 5 -year Capital Improvement Plan (CIP) for Public Works Infrastructure, Part III (2010-2014). The CIP includes public improvements to streets, highways, trails, sanitary sewer, storm sewer, water and water quality. • At the August 11 workshop, the Council received a presentation from Minnesota Department of Transportation (MnDOT) staff on a proposal to construct a sound wall in 2014 along the west side of the southbound exit ramp from 35-E to Diffley Road. The 2009 estimate of the construction cost ($428,000) would be shared 90/10 between MnDOT and the City. • The City Council expressed an interest in this proposed improvement and directed that a public presentation be made at an open house. On September 17 an open house meeting was held for the public jointly by MnDOT and City staff. Information regarding the design and location of the proposed sound wall and materials to be used were presented. Requests regarding the placement of additional sound walls were received, as well as input on various financing options for the City. 22 persons attended representing 21 properties. • As a result of 1995 state legislation (MN Statute 161.125), MnDOT completed a Metro Noise Study which identified the highest impacted areas that offer, potentially, the most cost effective opportunities for future noise mitigation. The areas were accordingly ranked and prioritized. About $1.5 million have been allocated annually for the past 10 years to construct sound walls to provide noise mitigation for the designated areas. This is the first location in Eagan to finally advance into MnDOT's 5 year planning window. • MnDOT needs to receive some formal feedback from the City so that they know whether to continue their scoping study for this improvement or to remove us from the list and begin working on the next prioritized location in the metro area. If the Council continues to be supportive of the proposed noise wall, it would be appropriate to incorporate these improvements into the currently approved 5 -year CIP (2010-2014). This official action will allow MnDOT to continue advancing this improvement while allowing the City time to evaluate various options for financing our proportionate share ($42,800). Agenda Information Memo November 5, 2009, Eagan City Council Meeting P. PROJECT 905R, LEBANON HILLS STORM DRAINAGE SPECIAL ASSESSMENT DEFERMENT ACTION TO BE CONSIDERED: Approve a deferment agreement for Project 905R (Lebanon Hills Storm Drainage) to Parcel 10-03400-032-53 (Nelson) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 905R provided for extensive Storm Drainage Improvements generally related to the Lebanon Hills Regional Park watershed. As a result of the Final Assessment Hearing held on April 21, 2009, 3 parcels along Carriage Hills Dr. process formal appeals to the district court. • During the appeal process, negotiations were held with all property owners and a consensus was reached on a proposed settlement that incorporated a deferment of a portion of the assessment to a later date subject to various conditions as directed by previous Council deliberations. • A fully executed agreement has subsequently been submitted by one property owner to date for the Council's formal consideration of approval. • Since these are all still active litigations, any discussion should be directed to a closed session. • This agreement has been reviewed by the Public Works Director and City Attorney and found to be in order for formal consideration of Council approval. ISSUES: • If other similar executed agreements are received prior to the Nov. 5 Council meeting, staff will amend the proposed action to include the pertinent parcels. ATTACHMENTS: • Settlement agreement, forwarded under separate cover. Agenda Information Memo November 5, 2009 Eagan City Council Meeting Q. REQUEST ADVANCE FROM MUNICIPAL STATE AID ROAD PROGRAM ACTION TO BE CONSIDERED: Approve a resolution requesting the Minnesota Department of Transportation to advance to the City of Eagan $2,000,000 from the Municipal State Aid (MSA) Construction account. FACTS: • The Municipal State Aid (MSA) program distributes to each Minnesota city (over 5,000 population) a portion of the gas tax money allocated by the State. These funds are required to be used for the maintenance of existing and construction of new streets on the City's designated State Aid roadway system. Only 20% of the city's local street mileage is eligible for this designation and related funding (approx. 47.5 miles). • The apportionment of the gas tax money to eligible cities is based on a formula of population and construction needs. The City of Eagan's apportionment for 2009 was approximately $1.9 million. • The MSA program allows for cities to advance funds in excess of their annual apportionment at no interest, for use in the construction of streets in the State Aid roadway system. • Because the City has been very aggressive in its construction program on State Aid eligible streets, we have spent approximately $11.5 million that are eligible for State Aid reimbursement, which is currently limited by our annual allocation ($1.9 M). • This resolution requests the Commissioner of Transportation to advance the City of Eagan a total of $2.0 million from future State Aid Construction Account payments. This will be repaid from future annual apportionments. ATTACHMENTS: • State Aid Advance Resolution, page �p� . RESOLUTION NO TO ADVANCE FUNDING FROM THE MUNICIPAL STATE AID STREET CONSTRUCTION FUND WHEREAS, the City of Eagan has implemented Municipal State Aid Street Projects which have required State Aid funds in excess of those available in its State Aid Construction Account, and WHEREAS, said City constructed said projects through the use of Local Municipal Funds to supplement the available funds in their State Aid Construction Account, and WHEREAS, said City needs to reimburse the expended Local Municipal Funds through the use of advance encumbrances from the general State Aid Construction Account to supplement the available funds in their State Aid Construction Account, and WHEREAS, the advance is based on the following determination of expenditures: Account Balance as of November 5, 2009 Less estimated disbursements: Project # SAP 195-125-01 $2,000,000 ($1,169,712) Advance Amount (amount in excess of acct balance) $2,000,000 WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.14, Subdivision 6 and Minnesota Rules, Chapter 8820, 1500, Subpart 10. NOW, THEREFORE, Be It Resolved: That the Commissioner of Transportation be and is hereby requested to approve this advance for financing approved Municipal State Aid Street Project(s) of the City of Eagan in an amount up to $2,000,000 in accordance with Minnesota Rules 8820.1500, Subparagraph 10b. I hereby authorize repayments from subsequent accruals to the Municipal State Aid Street Construction Account of said City from future year allocations until fully repaid. CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk I HEREBY CERTIFY that the above is a true and correct copy of a resolution presented to and adopted by the City of Eagan, County of Dakota, State of Minnesota, at a duly authorized City Council Meeting held in the City of Eagan, Minnesota, on the 5th day of November, 2009, as disclosed by the records of said City on file and of record in the office. Maria Petersen Agenda Information Memo November 5, 2009 Eagan City Council R. EXTENSION FOR RECORDING FINAL PLAT (RUSTEN NORVIN OAKS) ACTION TO BE CONSIDERED: To approve a six month extension of time to record the final plat for Rustin Norvin Oaks, consisting of two single family lots on .87 acres, located at 4870 Rusten Road. REQUIRED VOTE FOR APPROVAL: Majority of Council members present. FACTS: > The City Council approved the final plat on September 15, 2009. > The requested six month extension would allow until March 15, 2010, for the plat to be recorded. > The extension request is due to title issues. Please see the attached letter from the applicant. ATTACHMENTS (2): Location Map, page Letter from Applicant, page Location Map 17-1 Eagan Boundary Right-of-way Parcel Area Park Area Building Footprint gvZ 1000 0 Development/Developer. Rusten Norvin Oaks 1000 2000 Feet 441°` City of Eagan Community Development Dopartmont (do 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. Esten and Gina Rusten 4870 Rusten Road Eagan, MN 55122 October 22, 2009 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Sir or Madam: Thank you for approving the subdivision Rusten Norvin Oaks. We would like to request a six month extension of the plat approval due to a delay the owners are experiencing in production of final plat documents that will need three to six months to resolve. We are pleased with the progress on this subdivision and Zook forward to finalizing it in six months time. Thank you for your consideration of this matter. Sincerely, Esten and Gina Rusten Agenda Information Memo November 5, 2009 Eagan City Council S. RELEASE OF DOCUMENTS (STONEHENGE U.S.A.) ACTION TO BE CONSIDERED: To approve release of the Cost Participation Agreement and Waiver of Hearing for Lot 6, Block 2, Eagan Promenade, located at 1270 Promenade Place. REQUIRED VOTE FOR APPROVAL: Majority of Council members present. FACTS: ➢ The Eagan Promenade subdivision and Planned Development were approved April 8, 1996. The development documents included a Cost Participation Agreement for the reconstruction of Yankee Doodle Road (Project 695), and a Waiver of Hearing for assessments related to public utilities benefiting the property. ➢ Lot 6, Block 2, was constructed in 1998 as a single -occupant retail building, an Ethan Allen furniture store. The building has been vacant for over one year and was recently acquired by Stonehenge U.S.A., which is now in the process of converting the building to a multi -tenant retail use. ➢ With the recent sale of the property, the remaining balances for Project 695 and the assessments were paid in full. Therefore, Stonehenge has requested that the City release the Cost Participation and Waiver of Hearing agreements as they pertain to the property. ➢ The development contract, Planned Development Agreement and subsequent Planned Development Amendments will remain in force. ➢ Staff has reviewed the request and found that the obligations under the Cost Participation Agreement and Waiver of Hearing have been satisfied for this property. Thus, the request for release is in order for City Council approval. ATTACHMENTS (2): Location Map, page Request from Develop re page '70 6,z Location Map Eagan Boundary Right-of-way Parcel Area Park Area Building Footprint 1000 Development/Developer: Stonehenge Address: 1270 Promenade Place Application: Release of Documents City ofEaQan Community Development Department CO 0 1000 2000 Feet THIS MAP IS INTEND D FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. W E S Pam Dudziak From: Randy Rauwerdink [rrauwerdink@stonehenge-usa.comj Sent: Tuesday, October 13, 2009 11:03 AM To: Pam Dudziak Cc: James Ottenstein Subject: RE: Title exceptions Attachments: Randy Rauwerdink .vcf; 1342327.pdf; 1342328.pdf Pam, please review the attached exhibits, including receipts of payment, which I believe should serve as satisfactory evidence to request and secure the release of the following two agreements: Waiver and Hearing #525, Special Assessment Authorization, document number 1342327 Cost Participation Agreement, Project #695, document number 1342328 Please let us know if you require any additional information prior to putting this on the Council Agenda. Randy Rauwerdink Stonehenge USA Director of Development Services 0: 952-540-4243 C: 612-801-4313 rrauwerdinkstonehenge-usa.com www.stonehenqe-usa.com From: Pam Dudziak [mailto:pdudziak@cityofeagan.com] Sent: Tuesday, September 29, 2009 4:35 PM To: Randy Rauwerdink Subject: RE: Title exceptions You can address it to me, I will coordinate it on this end. And e-mail would be fine, just be specific about what agreements you want released. Please note that we cannot release PD Agreements, as they are zoning documents. Pam Pamela Dudziak 1 Planner J City of Eagan City Halll 3830 Pilot Knob Road 1 Eagan, MN 55122 1 651-675-5691 1651-675-5694 (Fax) I pdudziak[a)citvofeagan.com City of Etaa 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: Randy Rauwerdink [mailto:rrauwerdink@stonehenge-usa.com] Sent: Tuesday, September 29, 2009 4:34 PM To: Pam Dudziak Subject: RE: Title exceptions Thanks Pam, also to who at the city do we make the request? 1 71) Agenda Information Memo November 5, 2009 Eagan City Council Meeting Consent Agenda T. SCHEDULE PUBLIC HEARING FOR CONSIDERATION OF HOUSING IMPROVEMENT DISTRICT FOR MEADOWLARK RIDGE HOMEOWNERS ASSOCIATION ACTION TO BE CONSIDERED: To schedule a public hearing for December 15, 2009 to consider the application from the Meadowlark Ridge Homeowners Association for a Housing Improvement District for its property. FACTS: ➢ In 2005, the City Council was approached by one of the homeowners associations in the City regarding the potential creation of a City policy for the creation of Housing Improvement Districts (HID), which permit homeowners associations to work with cities to finance improvements to common areas that cannot be financed by other means. ➢ In response, the City Council adopted a policy on September 25, 2005 that would permit consideration of petitions and the process by which applications would be reviewed. ➢ Prior to the current application, the City has approved one HID to assist with sidewalk, siding and window and door improvements for the Cedar Bluffs Townhomes in northeast Eagan. ➢ The Meadowlark Ridge Homeowners Association submitted a preliminary application for an HID and, on January 6, 2009, the City Council determined it to be in order for the second phase of review called for in the policy. ➢ The property is located on Blackhawk Road north of Diffley Road and the Association consists of the owners of 50 units. In its application, the Association indicates that it plans to complete the following improvements: removal of all deteriorated stucco, replacement of damaged sheathing, repair of structural damage and installation of vinyl siding. Windows and doors will also be replaced with energy efficient products. ➢ The improvements appear to address a number of the policy goals outlined in the City's Housing Improvement District Policy including: promoting neighborhood stabilization and revitalization by upgrading the existing housing stock in the neighborhood, increasing or preventing the loss of tax base of the City, stabilizing the owner occupied level within the association and increasing energy conservation. ➢ The preliminary loan amount estimated for the improvements is $870,000. ➢ Since the preliminary review, the Association has completed the formal submittal of improvement plans, detailed financial plans and a petition by more than 51% of the affected property owners as called for by the policy. At this time, it is in order for the Council to consider setting a public hearing to consider the request. ATTACHMENTS: ➢ Location map on page 7/ Location Map Eagan Boundary Right-of-way Parcel Area Park Area IM Building Footprint I I [ 410414114•46.40 orIIP ‘L:----/ 4 i va ,...or7; 4.41ightlirrayald igii,A1 R. ,,,,<,4,,,,,,somickprrn irrynnmei p 0 IN NV4,1/ il '4-',,,4 tellitt .74,1- j°0eAlt7-•-'''r-4,[1411TrIlL n" /ilhli9 CFI " - thIA\t15M1 Li 1>t ----. i',4..MIS41.1 MI. ---,CMIFAVAiiglitill 1:11"6' " a 114,4zot.aa.r7 itifi thriki 1 . riimvti.ttzerg.fr-044, %well.: 'aim nrAiia tumor awal wiwio to to.,...(;in 61 4.,...4<4., lig , MIR tinempli*tritiank /44144' 7,44,1WatireteEnt lAttltki!!!!•1 uaaiiiiiigigo LA 5, -• , vizeroi, b 441 e nrcianng Lir, Spout iv t-e,•12$.#11ZreE0 LI #` #0,ifliii9 c;tiiirluiiiApp.9.1"1.1 gi '1%1%,-,Alp, \.vvraol4mtPericiurinTri nrfiermirri 7<icm;;12a. 1-621E-1 ' itip-:iiii;;a E5!!!!!!:nri ui AA 11_:_itikl of DaQ;172)1 dra co 441 mid EIECIPW rip) rp=t, - ;2;g1 0 1 al 1.10-1: ral 11E4 Lin. [-MI 1:1;67draillitti 11-4P4' un2nEl Lair L5LI Liel a tle11161111 r_Iggia 1:11-*AllAhL3 i 14 32GM2SSGiii;1 FilfpartliitilM Mial -------- senznsgtil; cetigirulpe,i,-, uhil j _ 6'Zi0012iaasMA13- ail 111 EILI 1 a 1-14C2drir ij* iff_zzal , _Aci tzE0215[P,-4,11, h ozzr 4mitar. i,cmy A g# shrimua ai 71 ". -I. -II 711 rliorm ..IPZ:Zirl,Wi 44 )4 vi: 1111111E, FIZI;*•0''Il •/ Gs VII% 11 7g ijr..4 A o.11 * 2rit'oock 446' e.'*,), ti, v4, tttri2 illiai 41%1 4.4 \ .t.-- r ..11‘rgl U17 4 4.-/ _...." 1:31„,t1,.., .. I: N. J s 11 nel Lick 44; .11 "---z,.-----?-4 ti HI% 1. rill' iylle losIzr l: . 7....? _ ...,,..,, f.!... rili9 ril ,__Wilid I 4 `-'11 1 Ploin r_111 /4 441 izr. nrit, _, zace:::::7,:yei ,._,„.,L) c. ..Ir Wan. kik4 in.r-li Fifa 44Z:61..u.::::- CZ:,,44tif 14 tt,N41..> Uti r.,_ttia — 1 3E3 at, & 1117,;:tiV 4911` City of Community Development Department 1000 irt4Y1.-. • 0 1000 2000 Feet Meadowlark Ridge Townhomes 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. E Agenda Information Memo November 5, 2009, Eagan City Council Meeting U. MODIFY CONDITIONS OF PLANNED DEVELOPMENT - WAL-MART STORES (SAM'S CLUB) ACTIONS TO BE CONSIDERED: To modify the conditions of Planned Development approval for the Sam's Club located at 3035 Denmark Avenue. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ➢ The Sam's Club Planned Development was approved in 2000. ➢ One of the conditions of approval required that with the future extension of Denmark Avenue, a driveway be installed between the service area on the southwest corner of the site and Denmark Avenue. ➢ The purpose of the condition was to address issues of setbacks and screening between the loading area and a future public street. The required setback for loading areas is 40'; this site currently provides a setback of approximately 18'. ➢ The extension of Denmark Avenue is currently under construction and is being built by the USPS in conjunction with the expansion of their bulk mail facility. ➢ Wal-Mart has reevaluated the site relative to the new road, and determined that they neither need nor want the additional loading area access. The attached letter from Wal - Mart's engineer, MFRA, also explains the construction difficulties in making such a connection at this time. ➢ For these reasons, Wal-Mart is requesting that this condition be removed. ➢ Both the Fire Marshal and Assistant City Engineer have concluded that the site functions well as it is currently designed, and the additional access is not necessary for public safety reasons. ➢ By allowing the site to remain as -is, the council is approving a reduced setback of the loading area from the public street. Existing landscaping will remain. ATTACHMENTS (4): Location Map, page7q Aerial photo, page -JS Letter from MFRA dated October 28, 2009, pages 7/ through7 7 Existing Conditions and Alternate Plan, pages 78 through -7 f -73 Location Map Eagan Boundary Right-of-way Parcel Area Park Area Building Footprint resraissmszszs EFEMEN1212; reSSIESSISE 1000 0 1000 2000 Feet Development/Developer: Sam's Club Address: 3035 Denmark Avenue Application: Modification of Conditions City of Cap Community Development Department THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. W+ E t6-. Engineering u Planning ng Surveying M'FRA IY1cCombs Frank Roos Associates, Inc. October 28, 2009 Ms. Pamela Dudziak City Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Administrative Planned Development Agreement Modification Request Wal-Mart Stores, Inc. Store 4738 — Sam's Club, Eagan, MN MFRA 412385 Dear Ms. Dudziak: On behalf of our client, Wal-Mart Stores, Inc., we are requesting that the City proceeds with an administrative amendment to delete Item 11 of Exhibit A of the Final Planned Development Agreement between the City of Eagan and Sam's Real Estate Business Trust. The reasoning for this request is as follows: Exhibit A, Item 11: At such time as Denmark Avenue is extended in the future, the loading area of the site shall be modified to provide the required 40 -foot setback from the right-of-way and 75% screening of the loading area form the right-of-way. Meeting the 40 -foot setback requirement would truncate the south end of the truck turn- around area by approximately 23 feet. Under this configuration, a new truck access to Denmark would be necessary to maintain operation of the truck dock. This was anticipated and included in the Development Agreement as Exhibit H. Denmark Avenue is currently under construction in conjunction with the United States Postal Service facility expansion south of the Eagan Sam's Club. The centerline grade of Denmark is proposed to be approximately 6 feet higher than the truck dock pavement. Therefore, to connect an access to Denmark approximately 16,000 SF of concrete and bituminous pavement surrounding the truck dock will need to be removed, as much as 6 feet of fill placed, additional storm sewer installed and the pavement replaced. 14800 28M Avenue North, Suite 140 • Plymouth, Minnesota • 55447 phone 763/476-6010 • fax 763`476-8532 • website mlrd.com Per City Staff, the intention of the 40 -foot setback is to reduce the visual impact of the loading area/truck dock to neighboring properties and traffic on Denmark. Currently, the green area between the truck dock and Denmark Avenue is landscaped with River Birch and evergreen trees that would be eliminated with the construction of an access. Additionally, the truck dock grade is currently several feet below Denmark. Raising the grades to allow access will increase the visual impact of the turn -around area. Given the negative impacts on neighboring properties of enforcing Item 11 of Exhibit A and the fact that the current configuration meets the Store's operational needs and is acceptable to the City Fire Marshal, MFRA requests on behalf of Wal-Mart Stores, Inc that Item 11 of Exhibit A of the Planned Development Agreement be deleted. It is our understanding this modification to the Agreement can be made administratively at the City Council meeting on November 5, 2009. Thank you for your consideration on this matter. MFRA and Wal-Mart Stores, Inc. value our professional relationship with the City of Eagan. We feel modification of the Planned Development Agreement is in everyone's best interest. If we can be further assistance, please feel free to contact us. Sincerely, John Bender, PE. Project Manager MFRA, Inc. -17 1 .4 1 1 ' it am‘ ■■■ fee 401 ium q :41ii: jl 14t' Il1p1iiit,ii11111 9 d �q gym. y.va& r®,08001.6'r l6$ 669 ®o 4'u� EXHIBIT H 4o. mato.. • le 1 ALTERNATE 111RADt ENTRANCE TO !E CONSTRUCTED AFTER THE FUTURE CENIUWIC A tN( IS CONSTRUCTED LI LI LI I IfiLl;l a1 l wa tori OE COMPLETED MEN NEW ENTRANCE K CCNS114RCTED F,1T:,..,. .._r:?"++? AVENUE 79 ALTERNATE PLAN FOR LOADING AREA MIIIIIIIII LANDSCAPE LRCM Ms cnrew wait u 11100► wawa *Mr a.oc Nus Mwu r K 1 • + 79 ALTERNATE PLAN FOR LOADING AREA Agenda Information Memo November 5, 2009, Eagan City Council Meeting W. APPROVE CHANGE IN MANAGEMENT ON THE OFF -SALE 3.2% MALT LIQUOR (BEER) LICENSE AT HOLIDAY STATIONSTORES, INC., DBA HOLIDAY STATIONSTORE #247, 3615 PILOT KNOB ROAD ACTION TO BE CONSIDERED: To approve a change in management on the off -sale 3.2% malt liquor (beer) license for Holiday Stationstore #247 located at 3615 Pilot Knob Road. FACTS: ➢ A change in management has occurred at the above referenced location. The new manager of Holiday, James Cox, 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): E0 Agenda Information Memo November 5, 2009 Eagan City Council Meeting X. CONTRACT 09-08, CITYWIDE TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 09-08 (Citywide Trail Improvements) in the amount of $10,181.03 to Aslakson's Blacktopping, and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 09-08 provided for the construction of a new trail improvement adjacent to Towerview Road (Pilot Knob Park — Pilot Knob Rd. north Side, 560 FT). • Contract 09-08 also provided for the maintenance overlay of existing bituminous trails in the following locations: • Johnny Cake Ridge Road (Cliff Rd to 735' South) East Side (735 FT) • Johnny Cake Ridge Road (Apple Valley to 2965' North) East Side (2965 FT) • Cliff Road (Ridge Cliffe Dr. — Beacon Hill Rd.) South Side (600 FT) ■ Cliff Road (Stonecliffe Dr. — Thomas Ln.) South Side (1660 FT) • Cliff Road (Thomas Center Dr. — Thomas Lake Rd.) North Side (930 FT) ■ Berry Ridge Road (Pilot Knob Rd. to 1960' East) Both Sides (1960 FT) • Berry Patch Park In Park (1465 FT) • Diffley Road (Lexington Way — Lexington Ave.) North Side (710 FT) • Diffley Road (Countryside Dr. — TH 3) North Side (1310 FT) • Dodd Road (Cliff Rd — Atlantic Hills Dr.) East Side (2200 FT) • Dodd Road (Diffley Rd — Hackmore Dr.) East Side (1200 FT) • Hackmore Drive (Dodd Rd. — Hawthorne Woods) South Side (795 FT) • Lone Oak Rd (Pine Ridge Dr. to 360' E of Woodlark Ln.) South Side (665 FT) • Towerview Road (Woodlark Ln. to Pilot Knob Park) North Side (830 FT) • Yankee Doodle Rd (Coachman Rd. — Central Pkwy.) North Side (1970 FT) • 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. 8l Agenda Information Memo November 5, 2009 Eagan City Council Meeting PUBLIC HEARINGS A. PROJECT 974, FEDERAL DR/ WASHINGTON/ 81sT STREET STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 974 (Federal Drive/ Washington Drive/ 81st Street - Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 974 provided for the street improvements of Federal Drive/ Washington Drive/ 81St Street, commercial/ industrial streets in central Eagan. • The Final Assessment Roll was presented to the City Council on October 6, 2009, with a public hearing scheduled for November 5 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 17% 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 28 to address all property owners' questions or concerns and provide any additional information of interest. Of the 30 parcels (9 high-density residential, 4 City park, and 17 commercial/ industrial) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pagesg 3 through? / . za FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 974 Assessment: November 5, 2009 Name: Washington Dr/ 81St/ Federal Dr Project Approval Date: December 1, 2008 Street Improvements Final Feasibility Rate Report Units SANITARY SEWER [3 Trunk [3 Lateral [3 Service ❑ 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 B Surf/ Signs - CI 2,696.73 $3,245 Acre HD Residential $864.60 $1,040 Acre H City Park O C/I Equiv. 0 Driveway $637.04 $770 Acre Based on $86.80 / SY costs to repair OTHER O Service Pair STREET LIGHTS O Installation O Energy Charge Contract Number of Number Parcels 09-01 30 Terms 10 Years Interest Amount City Rate Assessed Financed 6.5% $167,640 F.R. $228,430 F.R. $166,492.67 $200,820.34 (F.R. = Feasibility Report) City of Eagan Yemo To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: September 22, 2009 Subject: Final Assessment Roll, Project 974 Washington Dr/ 81st St/ Federal Dr - Street Overlay Improvements At the public hearing on December 1, 2008, the City Council ordered Project 974, and in accordance with the feasibility report, the following improvements were constructed on Washington Drive/ 81S` Street/ Federal Drive: mill and overlay and replacement of traffic and street signage, repair of curb and gutter/ concrete entrance aprons as needed, and the construction of concrete sidewalk along the west edge of Federal Drive. In the feasibility report, it was proposed to assess 100% to the commercial/ industrial properties, 75% to the high-density residential properties, and 50% to the City Park property of the street overlay and signage. In accordance with the City Special Assessment Policy, 100% of the concrete entrance apron improvements are proposed to be assessed to the benefitting properties .The improvements were completed under Contract 09-02. The following information was used in the preparation of the assessment roll for Project 974. PROJECT COST The construction cost includes the amount of $287,815.81 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $4,005.37. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $75,491.83 were incurred resulting in an improvement and project cost of $367,313.01. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMENT FEASIBILITY IMPROVEMENT COST COST REPORT Street Resurfacing/ Sign Replace $111,345.36 $28,804.16 $140,149.52 $168,660 Curb & Gutter Repair 40,520.90 10,482.44 51,003.34 $65,990 Federal Drive Sidewalk 76,798.20 19,867.09 96,665.29 $98,490 Concrete Entrance Rep. 63,156.72 $16,338.14 $79,494.86 $62,930 Totals $291,821.18 $75,491.83 $367,313.01 $396,070 1 ASSESSMENTS • TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. • STREET IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: ITEM UNIT EXTENDED UNIT QTY PRICE COST Mobilization L.S. 0.10 $36,500.00 $3,650.00 Mill Bituminous Pavement (1 1/4" depth) Sq. Yd. 5,552 0.55 3,053.60 Type LVWE45030B Wearing Course Ton 1623.36 49.00 79,544.64 Mixture Bituminous Material for Tack Coat Gal 1125 4.00 4,500.00 Adjust Fame & Ring Casting (Manhole) Each 10 350.00 3,500.00 Adjust MH Casting - Riser Adjustment Each 2 165.00 330.00 Adjust Water Valve Box Each 1 110.00 110.00 NMC Loop Detector Each 6 1,100.00 6,600.00 Pavement Message Arrow (Left) Each 1 95.00 95.00 Pavement Message Arrow (Lt./Thru) Each 1 160.00 160.00 Pavement Message Arrow (Right) Each 2 95.00 190.00 Traffic Control L.S. 0.10 24,745.00 2,475.00 4" Solid Line White L.F. 3055 0.22 672.10 4" Double Solid Line Yellow L.F. 3616 0.45 1,627.20 24" Solid Line White L.F. 90 5.30 477.00 8" Solid Line White L.F. 113 3.15 355.35 Traffic signs L.S. 1 4,005.37 4,005.37 SUBTOTAL $111,345.36 Other costs @ 25.87% 28,804.16 Mill & Overlay/ Street Sign Cost $140,149.52 ■ 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. 52.6 6.00 $315.60 Remove Concrete Curb & Gutter L.F. 5 835.00 4,175.00 Remove 4" Concrete Walk S.F. 102 0.45 45.90 Remove Bituminous Pavement Sq. Yd. 773.30 2.50 1,933.25 Remove Concrete Valley Gutter Sq. Yd. 106.50 6.00 639.00 Common Excavation Cu. Yd. 85 22.00 1,870.00 Select Topsoil Borrow Cu.Yd. 10 21.00 210.00 Aggregate Base, Cl. 5 Ton 35 14.00 490.00 2 UNIT EXTENDED ITEM UNIT QTY PRICE COST Type LVWE45030B Wear Course — Ton 35 75.00 2,625.00 Street Patch Type LVWE45030B Wear Course — Ton 28.30 130.00 3,679.00 Driveways Concrete Curb & Gutter L.F. 60 14.25 855.00 4" Concrete Walk S.F. 102 2.85 290.70 7" Concrete Driveway Pavement Sq.Yd. 1000.20 42.85 42,858.07 7" Concrete Driveway Pavement — Sq. Yd. 48.2 $46.00 $2,217.20 Repair Sodding Type Lawn Sq. Yd. 136 7.00 952.00 SUBTOTAL $63,156.72 Other costs @ 25.87% $16,338.14 Concrete Ent Apron Replace/ $79,494.86 Repair Cost • IMPROVEMENT AND ASSESSMENT RATES High Density Residential - The improvement and assessment rates for high-density residential properties (Royal Oaks Apartments) are computed as follows: 1) % 1-D Residential = 610 Front Feet/ 6,822 Total F.F. = 8.9% 2) [$140,149.52 (Mill & Overlay Cost) x 75% x 8.9%] =$9,354.98 (Total Residential Assessment) 3) $9,354.98 (FID Residential Assessment) 4 $864.60/acre 10.82 Acres HD Residential City Park - The improvement and assessment rates for City park properties (Royal Oak Park) are computed as follows: 1) % Park = 299 Front Feet/ 6,822 Total F.F. = 4.4% 2) [$140,149.52 (Mill & Overlay Cost) x 50% x 4.4% x 32/44] =$2,242.39 (Park Assessment) 3) $2,242.39 (Park Assessment) - $637.04/acre 3.52 Acres Park Commercial/ Industrial - Street —The improvement and assessment rates for commercial/ industrial properties is computed as follows: 1) % Commercial/Industrial = 3,667 Front Feet/ 6,822 Total F.F. = 53.8% 2) [$140,149.52 (Mill & Overlay Cost + Signage Cost) x 100% x 53.8%] = $75,400.44 [Total Assessment] 3) $75,400.44 (Total CI Assessment) -i $2,696.73 / acre 27.96 Acres Comm/Ind Note: Approximately 32.9% (2,246 feet) of property frontage adjacent to the street improvement is sideyard or backyard and unassessable. Commercial/ Industrial — Concrete Entrance Apron Repair/ Replacement - Assessment costs will be allocated to benefitting properties based on the individual entrance repair costs for each commercial/ industrial property (9 total). The proposed assessment for each property for concrete entrance replacements or repairs, per actual cost of driveway repaired, is proposed as follows: 3500 Federal Drive: $12,485.62 :3464 Washington Drive: $2,356.90 3470 Washington Drive: $2,356.90 3450 Washington Drive: $13,788.42 :3434 Washington Drive: $14,108.03 3425 Washington Drive: $4,127.78 1420 Yankee Doodle Rd: $4,327.98 1424 Yankee Doodle Rd: $15,085.03 1430 Yankee Doodle Rd: $10,859.30 Total $79,494.86 • ASSESSMENT TERMS The assessments are proposed for a term of 10 years for high-density residential, commercial/ industrial, and City park 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 $140,149.52 $86,997.81 $53,151.71 Curb & Gutter Repair 51,003.34 51,003.34 Federal Drive Sidewalk 96,665.29 96,665.29 Concrete Entr. Rep/ Repl. 79,494.86 79,494.86 Total $367,313.01 $166,492.67 $200,820.34 ■ CITY FUND RESPONSIBILITY Major Street Fund: $200,820.34 JoIWGorder, P.E. Reviewed 12_ 01 Public Works Department tc---' oci Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I Reviewed Finance Depaf-tment Date NORTH . NO. 28 ) YANKEE DOODLE RD I ' -, j W ���' LQ lN� DR.I—J .-,0r; i w - ' I '-� 0 L.LJ <.--,, W LL '• 0.80 Ac 0 �5 • g r- 1 IID 9 10.52 Ac f 1 City of Eapu Engineering Department Future Right -of -Way SEE SHEET 27 r 1 1 1 1 1 1 1 1 1 Zti z 44/ PILOT KNOB ROAD (C.S.A.H. NO. 31 ) iiidgarliMIEMEN IK//1 6.72 LEGEND Assessment Area Street Improvements Commercial / Industrial City Park - High Density Lots - - $ 2,696.73/ Acre $ 637.04/ Acre $ 864.60/ Acre Concrete Entrance Costs - Cost to Replace to Repair / Replace Washington Drive, 81st & Federal Drive Strut Revitalization - Project 974 Final Assessments 10/12/2009 Fig. 2A N NORTH 3603 36 36 361 1 7 1 1 1 L 3517 �A 3519 LEMIEUX CIRCLE • • 1 SEE SHEET.J 2A 3521 1 Lu CC 0 _J Ct LU 0 w LL - NM 1=11 1 • VIOLET LN. 1 1 CONC. SIDEWALK 1 1 B`P0 j-4AWK CUR. 1 G:F'roject & Contract Ino\0974\Feasibility Report A 1 11 1 1 1 • 3510 4 PA -P5 ,` YANKE/ //2.11 Ac/ 1 • o�T oT N/-/// ,�//// , 1 1 1 1 1 1 1 ■ 1 1 1 1 1 1 / • • Future Right -of -Way LEGEND Assessment Area Street Improvements Commercial / Industrial - $ 2,696.73/ Acre City Park - $ 637.04/ Acre High Density Lots - $ 864.60/ Acre Conc. Entrance Replace - Cost to replace 11/24108 City of hp Engineering Department Washington Drive, 81st & Federal Drive Street Revitalization - Project 974 orb Final Assessments Fig. 2B Combined Assessment Roll Project Number 10P974 PID Address 10-14000-011-01 10-14002-010-01 10-14002-010-02 10-14002-020-01 10-14003-010-01 10-14003-020-01 10-14004-010-01 10-14006-010-01 10-19550-010-01 10-62950-010-01 10-64700-010-01 10-64700-010-02 10-64700-020-00 10-64700-020-02 10-64701-010-01 10-64701-010-02 10-64701-010-03 10-64701-020-01 10-64701-020-02 10-64701-020-03 10-64701-030-01 10-64702-010-01 10-68600-010-01 10-72990-010-01 10-87450-010-00 10-87450-010-01 10-87500-010-01 10-87500-020-01 10-87500-030-01 Summary for 'SA_ Sum 1430 Yankee Doodle Rd 1424 Yankee Doodle Rd 3434 Washington Dr 1420 Yankee Doodle Rd 3435 Washington Dr 3445 Washington Dr 3440 Federal Dr 3459 Washington Dr 3450 Washington Dr 3500 Federal Dr 3503 Federal Dr 3523 Federal Dr 3521 Federal Dr 3501 Federal Dr 3509 Federal Dr 3519 Federal Dr 3505 Federal Dr 3513 Federal Dr 3517 Federal Dr 3511 Federal Dr 3515 Federal Dr 3425 Washington Dr 1406 Yankee Doodle Rd 3510 Federal Dr 3464 Washington Dr 3470 Washington Dr 3460 Washington Dr Nbr' = 10P974 (29 detail records) Pending Assess 12/1/08 Addition Name Bicentennial Bicentennial 3rd Bicentennial 3rd Bicentennial 3rd Bicentennial 4th Bicentennial 4th Bicentennial 5th Bicentennial 7th Dakota Ridge Rasmussen College Campus Royal Oak Circle Royal Oak Circle Royal Oak Circle Royal Oak Circle Royal Oak Circle 2nd Royal Oak Circle 2nd Royal Oak Circle 2nd Royal Oak Circle 2nd Royal Oak Circle 2nd Royal Oak Circle 2nd Royal Oak Circle 2nd Royal Oak Circle 3rd Sjolseth Super America Yankee Plaza Yankee Plaza Yankee Square Proposed Variance Assessment $18,026.00 $599.88 $18,625.88 $13,622.00 $2,973.17 $16,595.17 $15,746.00 $3,512.78 $19,258.78 $1,103.00 -$186.11 $916.89 $2,596.00 -$438.62 $2,157.38 $2,726.00 -$460.75 $2,265.25 $4,056.00 -$685.09 $3,370.91 $5,776.00 -$975.82 $4,800.18 $21,800.00 $294.35 $22,094.35 $24,091.00 -$1,034.20 $23,056.80 $1,251.11 -$386.51 $864.60 $1,251.11 -$386.51 $864.60 $1,251.11 -$386.51 $864.60 $1,251.11 -$386.51 $864.60 $903.33 -$155.87 $747.46 $1,251.12 -$386.52 $864.60 $1,251.11 -$386.51 $864.60 $903.33 -$155.87 $747.46 $1,251.11 -$386.51 $864.60 $1,251.11 -$386.51 $864.60 $903.34 -$155.87 $747.47 $1,251.11 -$386.51 $864.60 $6,782.00 $96.44 $6,878.44 $5,484.00 -$926.53 $4,557.47 $6,847.00 -$1,156.90 $5,690.10 $2,856.00 -$482.88 $2,373.12 $6,618.00 -$1,213.90 $5,404.10 $8,240.00 -$1,487.43 $6,752.57 $6,944.00 -$1,173.00 $5,771.00 $167,283.00 -$6,690.82 $160,592.18 Tuesday, October 27, 2009 Page I of I Agenda Information Memo November 5, 2009 Eagan City Council Meeting B. PROJECT 975, MARICE DRIVE/ SHERMAN COURT STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 975 (Marice Drive/ Sherman Court - Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 975 provided for the street improvements of Marice Drive and Sherman Court, commercial/ industrial & high-density residential streets in central Eagan. • The Final Assessment Roll was presented to the City Council on October 6, 2009, with a public hearing scheduled for November 5 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 15% 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 28 to address all property owners' questions or concerns and provide any additional information of interest. Of the 17 parcels (1 high-density residential, 16 commercial/ industrial) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages?3 through / 9. ga FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 975 Assessment: November 5, 2009 Name: Marice Dr/ Sherman Ct Project Approval Date: December 16, 2008 Street Improvements Final Feasibility Rate Report Units SANITARY SEWER ❑ Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk STORM SEWER O Trunk Final Feasibility Rate Report Units WATER ❑ Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk ❑ WAC STREET ❑ Gravel Base EI Surf/ Signs - CI $1,856.73 $2,695 / Acre HD Residential $2,334.01 $3,416 /Acre O City Park O C/I Equiv. El Driveway Based on $88 / SY costs to repair OTHER ❑ Service Pair STREET LIGHTS O Installation O Energy Charge Contract Number of Interest Amount Citv Number Parcels Terms Rate Assessed Financed 09-02 17 10 Years 6.5% $84,600 F.R. $57,720 F.R. $71,546.90 $46,983.26 (F.R. = Feasibility Report) City of Evan Nemo To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: September 22, 2009 Subject: Final Assessment Roll, Project 975 Marice Drive/ Sherman Court - Street Overlay Improvements At the public hearing on December 16, 2008, the City Council ordered Project 975, and in accordance with the feasibility report, the following improvements were constructed on Marice Drive/ Sherman Court: mill and overlay and replacement of traffic and street signage, repair of curb and gutter/ concrete entrance aprons as needed. In the feasibility report, it was proposed to assess 100% to the commercial/ industrial properties and 75% to the high-density residential properties of the street overlay and signage and concrete entrance apron improvements, in accordance with the City Special Assessment Policy .The improvements were completed under Contract 09-02. The following information was used in the preparation of the assessment roll for Project 975. PROJECT COST The construction cost includes the amount of $84,919.64 paid to the contractors for the construction of the improvements. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $33,610.52 were incurred resulting in an improvement and project cost of $118,530.16. 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 $41,593.56 $16,462.40 $58,055.96 $84,210 Curb & Gutter Repair 22,783.93 9,017.70 31,801.63 $35,700 Concrete Entrance Rep. 20,542.15 $8,130.42 $28,672.57 $22,120 Totals $84,919.64 $33,610.52 $118,530.16 $142,030 1 4y 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. 2,510 0.60 1,506.00 Type LVWE45030B Wearing Course Ton 669.44 49.00 32,802.56 Mixture 13ituminous Material for Tack Coat Gal 450 4.00 1,800.00 Adjust Fame & Ring Casting (Manhole) Each 4 350.00 1,400.00 Adjust MH Casting - Riser Adjustment Each 2 165.00 330.00 Adjust Water Valve Box Each 4 110.00 440.00 Traffic Control L.S. 1 1,315.00 1,315.00 SUBTOTAL $41,593.56 Other costs @ 39.58% 16,462.40 Mill & Overlay Cost $58,055.96 ■ 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 Curb & Gutter L.F. 130 5.00 $650.00 Remove Bituminous Pavement Sq. Yd. 223 2.50 557.50 Remove Concrete Driveway Sq. Yd. 48 6.00 288.00 Remove Concrete Valley Gutter Sq. Yd. 59 6.00 354.00 Common Excavation Cu.Yd. 12 22.00 264.00 Select Topsoil Borrow Cu.Yd. 2.50 21.00 52.50 Type LVWE45030B Wear Course - Ton 6.90 75.00 517.50 Street Patch Type LVWE45030B Wear Course - Sq. Yd. 4.30 130.00 559.00 Driveways Adjust Frame & Ring Casting Each 1 190.00 190.00 Concrete Curb & Gutter L.F. 18 15.65 281.70 7" Concrete Driveway Pavement Sq. Yd. 225 53.50 13,722.75 7" Concrete Driveway Pavement - Sq. Yd. 48 $57.65 2,767.20 Repair 2 7S ITEM UNIT EXTENDED UNIT QTY PRICE COST Sodding Type Lawn Compost Sq. Yd. Ton 38 8.50 $323.00 1 15.00 15.00 SUBTOTAL $20,542.15 Other costs @ 39.58% $8,130.42 Concrete Ent Apron Replace/ $28,672.57 Repair Cost • IMPROVEMENT AND ASSESSMENT RATES High Density Residential - The improvement and assessment rates for high-density residential properties (Commons on Marice) are computed as follows: 1) % MD Residential = 786 Front Feet/ 3,302 Total F.F. = 23.8% 2) [$58,055.96 (Mill & Overlay Cost) x 75% x 23.8%] =$10,362.99 (Total Residential Assessment) 3) $10,362.99 (I -1D Residential Assessment) 4 $2,334.01/acre 4.44 Acres MD Residential Commercial/ Industrial - Street —The improvement and assessment rates for commercial/ industrial properties is computed as follows: 1) % Commercial/Industrial = 1,841 Front Feet/ 3,302 Total F.F. = 56% 2) [$58,055.96 (Mill & Overlay Cost ) x 100% x 56%] = $32,511.34 [Total Assessment] 3) $32,511.34 (Total CI Assessment) -i $1,856.73 / acre 17.51 Acres Comm/Ind Note: Approximately 20.2% (667 feet) of property frontage adjacent to the street improvement is drainage & utility easement (ponding) and unassessable. Commercial/ Industrial — Concrete Entrance Apron Repair/ Replacement - Assessment costs will be allocated to benefitting properties based on the individual entrance repair costs for each commercial/ industrial property (5 total). The proposed assessment for each property for concrete entrance replacements or repairs, per actual cost of driveway repaired, is proposed as follows: 3390 Pilot Knob Road: $6,808.36 3386 Pilot Knob Road: $11,527.68 3340 Pilot Knob Road: $5,877.02 3330 Pilot Knob Road: $2,594.03 1380 Marice Drive: $1,865.49 Total $28,672.57 • ASSESSMENT TERMS The assessments are proposed for a term of 10 years for high-density residential and commerciaU 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 $58,055.96 $42,874.33 $15,181.63 Curb & Gutter Repair 31,801.63 31,801.63 Concrete Entr. Repair 28,672.57 28,672.57 Total $118,530.16 $71,546.90 $46,983.26 ■ CITY FUND RESPONSIBILITY Major Street Fund: $46,983.26 .1 n Gorder, P.E. Reviewed }(17 ./aT Pubic Works Department {O--z9—o'9 Reviewed Finance Department Date Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I 3 L7 ME /// LEGEND Assessment Area. Street Improvements Commercial / Industrial - $ 1,856.73/Acre High Density Lots - $ 2,334.01/ Acre Conc. Entrance Repair / Replace - Cost to Repair / Replace NORTH MARICE DR. 3352 3356 5.15 Ac• 1380 3330 ►*2.09 Ac j♦ YANKEE DOODLE RD 10/13/2009 City of Evan Engineering Department Marice Dr./ Sherman Ct./ Norwest Ct. Street Revitalization - Project 975 c"K Final Assessments Combined Assessment Roll Project Number 10P975 PID Address 10-14225-001-05 3356 Sherman Ct 10-14225-004-05 3356 Sherman Ct 10-14225-005-05 3356 Sherman Ct 10-14225-006-05 3356 Sherman Ct 10-14225-030-01 3344 Sherman Ct 10-14225-060-01 3340 Sherman Ct 10-14226-015-06 3352 Sherman Ct 10-14226-016-06 3352 Sherman Ct 10-14226-018-05 3352 Sherman Ct 10-14226-020-01 3348 Sherman Ct 10-14226-020-05 3352 Sherman Ct 10-23100-060-03 3340 Pilot Knob Rd 10-47500-010-01 3330 Pilot Knob Rd 10-47500-020-01 1380 Marice Dr 10-52250-010-01 3390 Pilot Knob Rd 10-52251-010-01 3386 Pilot Knob Rd 10-52252-010-01 3384 Norwest Ct Addition Name Birchwood Office Park Birchwood Office Park Birchwood Office Park Birchwood Office Park Birchwood Office Park Birchwood Office Park Birchwood Office Park 2nd Birchwood Office Park 2nd Birchwood Office Park 2nd Birchwood Office Park 2nd Birchwood Office Park 2nd Effress Marice Marice Norwest 1st Norwest 2nd Norwest 3rd Summary for 'SA_Nbr' = 10P975 (17 detail records) Sum Tuesday, October 27, 2009 Pending Assess 12/16/08 4ci $1,418.00 $1,418.00 $1,418.00 $1,418.00 $1,418.00 $3,686.00 $1,418.00 $1,418.00 $1,418.00 $1,418.00 $1,418.00. $12,920.00 $5,633.00 $16,220.00 $12,295.00 $11,458.00 $8,208.00 $84,600.00 Variance -$879.55 -$879.55 -$879.55 -$879.55 $844.33 -$1,569.33 -$849.39 -$849.39 -$849.39 $1,455.24 -$849.39 -$1,769.87 $841.60 -$3,991.52 -$1,067.62 $2,037.81 -$2,916.32 -$13,051.44 Proposed Assessment $538.45 $538.45 $538.45 $538.45 $2,262.33 $2,116.67 $568.61 $568.61 $568.61 $2,873.24 $568.61 $11,150.13 $6,474.60 $12,228.48 $11,227.38 $13,495.81 $5,291.68 $71,548.56 Page 1 of 1 Agenda Information Memo November 5, 2009 Eagan City Council Meeting C. PROJECT 1006, KNOLL RIDGE DRIVE STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1006 (Knoll Ridge Drive - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1006 provided for the street improvements of Knoll Ridge Drive, south of Kyllo Lane, located north of Blackhawk Lake and east of Blackhawk Road in northwest Eagan. • The Final Assessment Roll was presented to the City Council on October 6, 2009, with a public hearing scheduled for November 5 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 11% less the estimated benefit amounts that were presented at the original Public Hearing January 20, 2009. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on October 28 to address all property owners' questions or concerns and provide any additional information of interest. Of the 14 parcels (all single-family) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages/Of througI FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 1006 Assessment: November 5, 2009 Name: Knoll Ridge Drive Project Approval Date: January 20, 2009 Street Improvements Final Feasibility Rate Report Units SANITARY SEWER ❑ Trunk O Lateral O Service O Lat. Benefit/trunk STORM SEWER O Trunk Final Feasibility Rate Report Units WATER O Trunk O Lateral O Service O Lat. Benefit/trunk O WAC STREET ❑ Gravel Base 0 Surf./ Signs - SF $825.63 $925 / Lot ❑ 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 14 5 Years 6.5% $12,950 F.R. $25,350 F.R. $11,558.76 $19,209.09 (F.R. = Feasibility Report) AD 41'. City of Eap Ye�o 'To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: September 22, 2009 Subject: Final Assessment Roll, Project 1006 Knoll Ridge Drive - Street Overlay Improvements At the public hearing on January 20, 2009, the City Council ordered Project 1006, and in accordance with the feasibility report, the following improvements were, constructed: mill and overlay, replacement of traffic and street signage, and replacement of curb and gutter as needed for Knoll Ridge Drive. In the feasibility report, it was proposed to assess 50% of the street overlay and signage improvement costs to the residential properties in accordance with the City Special Assessment Policy. The improvements were completed under Contract 09-02. The following information was used in the preparation of the assessment roll for Project 1006. PROJECT COST The construction cost includes the amount of $18,983.82 paid to the contractors for the construction of the improvements. 'Traffic and street signage was installed at a cost of $347.67. Other costs including engineering, design, contract management, inspections, financing, Iegal, bonding, administration, and other totaling $11,436.36 were incurred resulting in an improvement and project cost of $30,767.85. 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 $16,430.74 $9,720.30 $26,151.04 $29,300 Curb & Gutter Repair 2,900.75 1,716.06 4,616.81 $9,000 Totals $19,331.49 $11,436.36 $30,767.85 $38,300 /OD, ASSESSMENTS • TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. • STREET IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: ITEM UNIT EXTENDED UNIT QTY PRICE COST Mobilization L.S. 1 $2,000.00 $2,000.00 Mill bituminous pavement Sq. Yd. 853.3 0.60 511.98 Bituminous mat. for tack coat Gal. 160.00 4.00 640.00 Wear Course Mixture Ton 219.41 49.00 10,751.09 Traffic control L. S. 1 1,315.00 1,315.00 Adjust frame & ring casting (manhole) Each 2.00 350.00 700.00 Adjust manhole casting - riser Each 1.00 165.00 165.00 Traffic signs L.S. 1 347.67 347.67 SUBTOTAL $16,430.74 Other costs @ 59.16% 9,720.30 Mill & Overlay/ Street Sign Cost $26,151.04 • IMPROVEMENT AND ASSESSMENT RATES Low Density Residential — All benefiting properties are low density residential. The improvement and assessment rates for the low-density residential properties is computed as follows: 1) % R-1 Residential = 1,145 f.f. / 1,296 (total f.f.) = 88.4% 2) [$26,151.04 (Mill & Overlay Cost + Signage Cost) x 50% x 88.4%] = $11,558.76 [Total Res Assessment ] 3) $11,558.76 (Total Residential Assessment) -i $825.63 / lot 14 Single Family Residential Lots Note: Approximately 11.6% (151 feet) of property frontage adjacent to the street improvement is sideyard or backyard and unassessable. • ASSESSMENT TERMS The assessments are proposed for a term of 5 years for residential properties. The interest rate is 6.5% per annum on the unpaid balance. 2 /03 CITY REVENUES/ RESPONSIBILITY IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Street Resurfacing/ Signs $26,151.04 $11,558.76 $14,592.28 Curb & Gutter Repair 4,616.81 4,616.81 Total $30,767.85 $11,558.76 $19,209.09 ■ CITY FUND RESPONSIBILITY Major Street Fund: $19,209.09 John/corder, P.E. Reviewed Public Works Department 10 — Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I Reviewed `iTh) Finance De t artment Date 3 NORTH KYLLO LN. LEGEND — — — — Assessable Area 3750 Single Family - $ 825.63/ Lot Street Overlay �1. - 11 - - 3695 1 1 1 0 r rv.. >4-K- 3735 • • • • .73 0 m 3680 3690 Z3700- 3745 3750 3710 /ml 3720 3730 3740 10/13/09 City of Eapii Engineering Department Knoll Ridge Ct. Street Revitalization - Project 1006 fSFinal Assessments Combined Assessment Roll Project Number PID 10-18600-012-00 10-64600-010-01 10-64600-020-01 10-64600-030-01 10-64600-040-01 10-64600-050-01 10-64600-060-01 10-64600-070-01 10-64600-080-01 10-64600-100-01 10-64600-110-01 10-64600-120-01 10-64600-130-01 10-64600-140-01 Summary for 'SA_ Sum PA1006 Address Addition Name 3680 3695 3705 3715 3725 3735 3745 3750 3740 3730 Knoll Ridge Dr Knoll Ridge Dr Knoll Ridge Dr Knoll Ridge Dr Knoll Ridge Dr Knoll Ridge Dr Knoll Ridge Dr Knoll Ridge Dr Knoll Ridge Dr Knoll Ridge Dr 3720 Knoll Ridge Dr 3710 Knoll Ridge Dr 3700 Knoll Ridge Dr 3690 Knoll Ridge Dr John Croft Acres Rose Hill Rose Hill Rose Hill Rose Hill Rose Hill Rose Hill Rose Hill Rose Hill Rose Hill Rose Hill Rose Hill Rose Hill Rose Hill Nbr' = PA1006 (14 detail records) Tuesday, October 27, 2009 Pending Assess 1/20/09 $925.00 $925.00 $925.00 $925.00 $925.00 $925.00 $925.00 $925.00 $925.00 $925.00 $925.00 $925.00 $925.00 $925.00 $12,950.00 100 Variance -$99.37 -$99.37 -$99.37 499.37 -$99.37 -$99.37 -$99.37 -$99.37 - $99.37 -$99.37 - $99.37 -$99.37 -$99.37 -$99.37 -$1,391.18 Proposed Assessment $825.63 $825.63 $825.63 $825.63 $825.63 $825.63 $825.63 $825.63 $825.63 $825.63 $825.63 $825.63 $825.63 $825.63 $11,558.82 Page 1 of 1 Agenda Information Memo November 5, 2009 Eagan City Council Meeting D. EAGANDALE CENTER INDUSTRIAL PARK NO. 16/ DART TRANSIT COMPANY ADDITION - EASEMENT VACATION ACTION TO BE CONSIDERED: 1) Approve the vacation of public drainage & utility easements within Eagandale Center Industrial Park No. 16 and Dart Transit Company Addition and authorize the Mayor and City Clerk to execute all related documents. And if above vacation is approved, 2) Consider approval a Final Plat (Dart Transit Company Second Addition) to create one lot on approximately 10.7 acres located on the southwest corner of Highway 55 and Lone Oak Road in the NE 1/4 of Section 11 and the NW 1/4 of Section 12. FACTS - VACATION OF DRAINAGE & UTILITY EASEMENTS: • On September 22, 2009, City staff received a petition from Gary Santoorjian representing Dart Transit Company, requesting the vacation of public drainage & utility easements within a portion of Eagandale Center Industrial Park No. 16 and Dart Transit Company Addition. • The easements were dedicated with these two plats for the construction and maintenance of public utility lines and ponding. • The final plat of Dart Transit Company Second Addition, dedicating all necessary replacement public easements, is also presented to the Council for consideration at tonight's meeting, to coincide with consideration of this vacation. • Notices for the public hearing were published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. No objections to the proposed vacation have been received. • The request has been reviewed by the Engineering Division and found to be in order for favorable Council action FACTS — FINAL PLAT: • The Dart Transit headquarters and outdoor storage of trailers are located on the subject property. • The subject property has access to both Lone Oak Road (CSAH 26) and the area Highway system via the Corporate headquarter portion of the site. The Dakota County Plat Commission and MnDOT have reviewed and have no issues with this plat. • The property is zoned I-1, Limited Industrial, and consists of approximately 10.7 acres. • The plat combines all Dart Transit property into one. ATTACHMENTS: • Location Map, page/ . q • Legal Description, graphic, page'O / . • Final Plat — Dart Transit Company Second Addition, page 1 I /07 INTERSTATE 494 INTERSTATE LONE OAK ROAD YANKEE DOODLE RD. 10/21/2008 City of Cap Engineering Department Proposed Easement Vacation Location Dart Transit Company Addition Fig. 1 LORE • AK ROAD Proposed Easement Vacation Area j 1 Proposed Easement Vacation Description: All drainage and utility easements dedicated to the public lying within DART TRANSIT COMPANY ADDITION, according to the recorded plat thereof, Dakota County, Minnesota 10/1/2009 City of Eagan Engineering Department Dart Transit Company Proposed Easement Vacation Location Map Fig. 1 Agenda Information Memo November 5, 2009, Eagan City Council Meeting E. CERTIFICATION OF DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. FACTS: > The City Code allows for collection through certification of delinquent false alarm bills, which are not paid. > At the October 6 City Council meeting, a public hearing was scheduled for the November 5, 2009 City Council meeting. > The City does not charge residents or businesses for the first three false alarms in a calendar year. A fourth or subsequent false alarm results in a $100 fee per alarm. The delinquent false alarm bills include a 10% penalty and a $25 certification fee. • The City currently has four delinquent false alarm bills. The assessable amount of these bills is $980. Since last fall, the City billed 95 properties for this service. Of the 95 billed, 91 property owners paid the service fee and 4 are in order for certification to the County. None of the four to be certified have been or are in the foreclosure process. > The City will accept payment for any portion of the assessment free of interest charges for a period of thirty days, beginning November 6 through December 7. If the assessment is paid after December 7, interest at 6.5% from November 6, 2009 to December 31, 2010 will be added to the principal amount due. The length of the assessment is one year. Unpaid balances will be collected with the 2010 property taxes. > All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS (1): Proposed assessment roll on page 1 I' . II ( Delinquent False Alarm Bills ca corl O WI 0 0 0 0 vi tri vi vi N M 00 M 00 O O O O O O O O kr; kr) tri tri N N N N 10-20500-060-01 0 0 0 10-22500-151-07 10-22472-092-02 1263 Promenade Place 10-68075-070-01 670 Red Pine Lane Grand Total Agenda Information Memo November 5, 2009, Eagan City Council Meeting F. CERTIFICATION OF DELINQUENT WEED CUTTING BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. FACTS: ➢ The City Code allows for collection of delinquent weed cutting bills through certification to property taxes. A 10% penalty and a $25 certification fee are added to all outstanding delinquent bills. ➢ At the October 6 City Council meeting, a public hearing was scheduled for the November 5, 2009 City Council meeting. ➢ The City currently has 11 delinquent weed cutting bills. The assessable amount of these bills is $2,369.86. Since last fall, the City billed 16 properties for this service. Of the 16 billed, 4 property owners paid the service fee and 11 are in order for certification to the County. Of the 11 to be certified, 7 have been or are currently somewhere in the foreclosure process. ➢ One account was written off due to a change in ownership of the property. Measures have been implemented to ensure that when weed removal is to be performed at a particular property, the property is immediately flagged as having a pending assessment prior to the performance of the work. When title companies perform assessment searches, outstanding bills are now identifiable which helps to ensure that they are paid prior to or at the time of closing. One of the weed bills was inadvertently overlooked when a title search was performed thus necessitating the need to write-off the outstanding amount. ➢ The City will accept payment for any portion of the assessment free of interest charges for a period of thirty days, beginning November 6 through December 7. If the assessment is paid after December 7, interest at 6.5% from November 6, 2009 to December 31, 2010 will be added to the principal amount due. The length of the assessment is one year. Unpaid balances will be collected with the 2010 property taxes. ➢ All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS (1): Proposed assessment roll on page I 1 . 10 Delinquent Weed Cutting Bills +-' l� O N 01 00 00 00 00 vo vvo M O l� s- co O M V) -- 00 El d- cii N O� O, <) 001 4 to' O vi (-+N r O CO O CO O O CO CO O O O }.�O kr; tri kr;kr;on o O O O CO O co co O O co ,Sy 4 to kr; kkkti t G) w N N N N N N N N N N + s, O N 01 00 00 c}' 00 00 <> �O 1+ M O l• [, O co M N ---- �-+ ta 01 N— 01 d' 7t' M N N V) N Ei 71A 15a a� o•o tg ^i 4 a 10-28990-010-01 3575 Pilot Knob Road 10-47750-150-03 10-84354-050-05 10-84354-090-05 10-16704-210-05 4035 Mica Trail 10-16706-070-05 1850 Jade Lane 10-26400-010-01 3150 Dodd Road 10-45035-050-02 4033 Northview Terrace 10-45081-230-03 991 Kettle Creek Road 10-19700-030-01 c a 01 01 M 10-18300-020-02 2995 Egan Avenue !14 Grand Total Agenda Information Memo November 5, 2009, Eagan City Council Meeting G. CERTIFICATION OF REFUSE REMOVAL BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent refuse removal bills and authorize its certification to Dakota County. FACTS: ➢ The City Code allows for collection of delinquent refuse removal bills through certification to property taxes. A 10% penalty and a $25 certification fee are added to all outstanding delinquent bills. ➢ At the October 6 City Council meeting, a public hearing was scheduled for the November 5, 2009 City Council meeting. ➢ The City currently has two delinquent refuse removal bills. The assessable amount of these bills is $1,981.15. Since last fall, the City billed two properties for this service, which are both in order for certification to the County. Of the two to be certified, one has been or is currently somewhere in the foreclosure process. ➢ The City will accept payment for any portion of the assessment free of interest charges for a period of thirty days, beginning November 6 through December 7. If the assessment is paid after December 7, interest at 6.5% from November 6, 2009 to December 31, 2010 will be added to the principal amount due. The length of the assessment is one year. Unpaid balances will be collected with the 2010 property taxes. ➢ All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ➢ Information on the two assessable properties is as follows: • 3575 Pilot Knob Road, PID 10-28990-010-01, $939.77 (includes $25 certification fee) • 3150 Dodd Road, PID 10-26400-010-01, $1,041.38 (includes $25 certification fee) ATTACHMENTS (0): I l- Agenda Information Memo November 5, 2009, Eagan City Council Meeting H. CERTIFICATION OF DELINQUENT BOARD UP BILL ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for the delinquent board up bills and authorize its certification to Dakota County. FACTS: ➢ The City Code allows for collection of delinquent board up bills through certification to property taxes. A 10% penalty and a $25 certification fee are added to all outstanding delinquent bills. ➢ At the October 6 City Council meeting, a public hearing was scheduled for the November 5, 2009 City Council meeting. ➢ The City currently has one delinquent board up bill. The assessable amount of this bill is $382.75. Since last fall, the City billed one property for this service, which is in order for certification to the County. This property was not identified as being a foreclosure. ➢ The City will accept payment for any portion of the assessment free of interest charges for a period of thirty days, beginning November 6 through December 7. If the assessment is paid after December 7, interest at 6.5% from November 6, 2009 to December 31, 2010 will be added to the principal amount due. The length of the assessment is one year. Unpaid balances will be collected with the 2010 property taxes. ➢ All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ➢ Information on the one assessable property is as follows: • 3150 Dodd Road, PID 10-26400-010-01, $357.75 (includes $25 certification fee) ATTACHMENTS (0): Agenda Information Memo November 5, 2009 Eagan City Council Meeting I. CERTIFICATION OF DELINQUENT UTILITIES ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. FACTS: • The City Code allows for collection through certification of delinquent utility bills which are not paid. • At the October 6, 2009 City Council meeting, a public hearing was scheduled for the November 5, 2009 City Council meeting. • The City currently has approximately 1238 utility bill accounts with delinquent payments. The assessable amount of these accounts is $185,074.02. These items are in order for certification to the County. If certified another 18% interest is added. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. • 165 utility accounts due for certification have had a sheriff's sale since January 1, 2007 or (165/1238)13%. 38 accounts had sheriff's sales in 2007, 52 accounts had sheriff's sales in 2008 and 75 accounts had sheriffs sales in 2009. • Kaisa Hill, 1940 Carnelian Lane, is objecting to the proposed assessment of a delinquent utility bill balance. Ms. Hill purchased this property on May 21, 2009. Prior to that time, utility bills were incurred in the previous owner's name totaling $734.91. As part of the settlement process, Ms. Hill's title company issued a check in the amount of $452.64 to the City of Eagan for a delinquent utility bill balance that was identified as a pending assessment to be assessed against the property. However, it appears that the title company did not seek information from the City regarding any current utility bill balance. • Usual practice for title companies in preparation for a closing is to contact the City to obtain information on pending or levied assessments and also any open utility bill balances. At the City of Eagan, the balances owed for assessments and utility bills are not co -mingled and requests for particular information needs to be specific. • It appears that at the time the title company requested information on pending or levied assessments, there was a $282.27 utility bill balance that was not at the point of being identified as an assessment. Because this specific information was not requested, the funds were not provided for at the time of closing. The /17 outstanding balance has now become the responsibility of the current property owner. • Staff has been in contact with Ms. Hill regarding the matter. She indicated that she will try to work with the title company to resolve the matter; however, she feels that she should not be responsible for the outstanding amount. ATTACHMENTS: • Delinquent account list; pages lig through 13a . • Letter of objection, Kaisa Hill — 1940 Carnelian Lane, enclosed on pages % through 1,9y2 . tie Account # Certification Balance 0036502409 $56.90 0035507607 $45.83 0035507805 $11.49 0036205714 $123.06 0023412216 $55.00 0023412109 $113.66 0023406721 $244.02 0023406861 $71.33 0023404809 $50.00 0023900103 $143.40 0025500703 $138.10 0015501802 $42.33 0011716313 $94.95 0015505001 $10.26 0035505007 $32.03 0015513104 $61.10 0015520604 $10.11 0023501703 $95.95 0023502008 $51.00 0023502305 $62.86 0023502602 $344.88 0023900509 $87.78 0023900608 $155.90 0023900707 $6.90 0023901200 $94.58 0023901408 $91.53 0013103007 $193.49 0013103304 $68.45 0013122502 $261.10 0013122809 $126.09 0013157607 $93.83 0013175005 $61.57 0036100709 $255.25 0023408503 $238.04 0011813805 $73.16 0011804101 $133.92 0011818002 $81.88 0011816907 $128.59 0011802204 $130.39 0011818408 $81:47 0011816303 $136.89 0011801206 $398.90 0011806007 $213.45 0011818606 $78.78 0011803707 $68.45 0011803509 $92.51 119 Account # Certification Balance 0011815701 $54.01 0023402910 $904.05 0012838306 $194.42 0012838702 $95.55 0012840104 $255.20 0012840005 $147.59 0012839106 $61.85 0012836102 $153.13 0012833802 $129.52 0024403008 $2,532.55 0089907355 $286.00 0023411408 $40.65 0023420904 $133.44 0025630203 $70.06 0025630302 $84.21 0025674805 $209.72 0025648403 $31.73 0025651902 $122.69 0025649203 $195.64 0025652207 $166.91 0024220501 $23.09 0024219503 $13.92 0024218307 $121.69 0024223505 $75.84 0024223802 $112.78 0024224909 $49.58 0024406001 $130.28 0024115909 $103.24 0024116006 $13.95 0024117707 $165.29 0024118101 $185.39 0024117004 $85.14 0024123309 $80.93 0025206004 $69.99 0025205907 $286.34 0025205402 $749.19 0025213406 $266.21 0025212606 $114.02 0011513009 $29.09 0011512704 $199.54 0011510104 $304.29 0011514304 $31.93 0011508801 $74.65 0011515103 $29.09 0011515509 $172.63 0011510708 $23.77 Account # Certification Balance 0013100706 $14.21 0025000100 $127.00 0025000407 $88.16 0025001306 $52.61 0025001405 $79.74 0025001504 $97.36 0025002908 $124.24 0025005604 $71.21 0025005901 $64.93 0025006602 $68.41 0025012600 $117.98 0025012907 $48.26 0025013004 $84.19 0025001314 $41.32 0025013707 $335.10 0025013806 $72.36 0025014606 $22.98 0025006909 $132.46 0025009309 $46.11 0025010307 $95.46 0025010604 $58.73 0025011206 $178.48 0025011404 $132.14 0025012204 $103.01 0037611001 $216.74 0037614302 $100.81 0037615903 $74.60 0037607207 $306.50 0037617107 $222.30 0037121001 $186.71 0011909512 $84.49 0011910403 $69.77 0011901105 $289.85 0011901303 $60.69 0011907052 $187.13 0011914801 $110.91 0011917002 $106.79 0024403446 $66.54 0036702009 $73.08 0036706208 $95.26 0036723104 $248.55 0036725505 $158.00 0036720605 $103.78 0036712701 $243.06 0038269510 $138.14 Account # Certification Balance 0036604205 $198.33 0036115301 $569.93 0036115301 $569.93 0036116705 $58.86 0036117703 $56.04 0012117800 $89.82 0012116000 $197.06 0010612307 $157.14 0010612414 $107.31 0012601209 $141.57 0012605002 $21.67 0012605507 $247.83 0012605804 $113.37 0012607008 $110.26 0012604807 $38.31 0012601407 $60.43 0012603106 $103.27 0012604005 $75.02 0012611406 $28.04 0012611208 $116.48 0012608303 $137.14 0012610309 $41.81 0012610002 $84.49 0012608907 $42.06 0012609400 $154.36 0012609202 $174.83 0023301005 $149.45 0023300908 $166.18 0023300809 $94.12 0023101801 $55.52 0023202609 $79.08 0023200306 $240.43 0023101207 $62.45 0023103401 $336.68 0023105802 $35.33 0023107105 $177.45 0023111800 $120.95 0023106909 $131.24 0023112006 $231.41 0023100803 $113.15 0023109309 $173.95 0023205008 $92.25 0023100605 $149.75 0023100506 $70.95 0023105109 $144.93 Account # Certification Balance 0023202104 $169.10 0023112808 $106.36 0023112402 $247.19 0010400505 $69.98 0010312403 $51.36 0010309508 $112.52 0010301406 $50.29 0010303303 $247.29 0010309201 $204.62 0010210607 $84.78 0010306207 $273.20 0010300200 $134.14 0010210300 $77.09 0010210201 $96.83 0010207108 $59.38 0010403905 $31.62 0010307205 $126.52 0010310803 $298.43 0010206605 $199.39 0010100105 $404.41 0010403400 $108.02 0010402808 $251.26 0010402501 $215.97 0010205409 $144.55 0010401107 $249.77 0010208601 $139.56 0023213705 $170.15 0023307606 $159.41 0023301906 $96.10 0023302003 $104.75 0023215601 $86.15 0023210107 $178.10 0023208101 $176.39 0023213002 $47.15 0023213507 $89.06 0023208804 $209.48 0023211600 $167.42 0023214208 $107.20 0023304108 $224.34 0023213804 $162.02 0023303605 $92.50 0023304603 $137.20 0023304900 $242.87 0023305808 $90.63 0010410405 $62.82 0010411106 $90.05 ka( Account # Certification Balance 0010110104 $5.96 0010101103 $41.26 0010105609 $167.26 0010201200 $228.48 0010109601 $268.00 0010101707 $59.38 0010409407 $160.37 0010109106 $43.34 0010109007 $309.73 0010108702 $179.60 0010406601 $140.28 0010110807 $91.45 0010103604 $185.13 0010104305 $106.74 0010202000 $24.47 0023607302 $273.04 0023510100 $62.22 0023308307 $113.98 0023509003 $284.06 0023503808 $54.42 0023507502 $49.09 0023508401 $71.89 0023804107 $212.67 0023508500 $107.26 0023507700 $164.86 0023508708 $233.26 0023602600 $79.54 0023509508 $69.76 0023505605 $192.80 0023503105 $282.27 0023309107 $39.79 0023803604 $91.22 0023502909 $238.40 0023509904 $238.58 0023502800 $91.38 0023505100 $61.65 0023506504 $1,455.09 0023802705 $257.15 0023601602 $62.74 0023703606 $75.38 0023912801 $110.13 0023607609 $51.64 0023604002 $78.92 0023703002 $116.42 0023608003 $142.89 0023912306 $133.97 Account # Certification Balance 0023702400 $56.60 0023700800 $51.97 0023705809 $73.97 0023705304 $93.39 0023704703 $90.24 0023704406 $57.24 0023703804 $86.29 0023906803 $197.40 0023802002 $105.79 0023800709 $99.14 0023909807 $211.49 0023808207 $322.97 0023913403 $21.31 0023910300 $120.19 0023808801 $111.62 0023913007 $162.50 0023910508 $80.22 0023806706 $100.93 0023806003 $239.83 0023810609 $101.41 0023905003 $21.58 0023905300 $92.91 0024101008 $13.57 0024108300 $296.47 0024109100 $121.80 0024102808 $11.89 0024101602 $78.25 0024111908 $180.07 0024106700 $68.91 0024104002 $236.96 0023611601 $67.68 0023611502 $143.49 0023609308 $270.13 0023611304 $22.40 0023711401 $287.89 0023714009 $56.79 0023713902 $348.56 0023710809 $87.44 0023710601 $63.74 0023712409 $400.00 0023709801 $116.99 0013193909 $92.51 0013195904 $80.48 0013196100 $145.57 0013196407 $143.68 0013196506 $71.48 Account # Certification Balance 0013196704 $106.37 0013196803 $141.41 0013197306 $14.77 0023410004 $208.21 0013238506 $76.47 0024714909 $141.54 0038311007 $188.75 0038311502 $188.10 0010801306 $42.35 0011302700 $55.05 0011305000 $560.22 0012104808 $33.20 0012102406 $97.84 0012104204 $39.22 0012101101 $33.19 0012100707 $158.57 0012100400 $64.44 0012107801 $125.90 0012111308 $82.44 0012109708 $56.15 0012112009 $89.55 0012110201 $19.52 0012110706 $48.38 0012618708 $109.96 0012621306 $152.06 0012622403 $155.84 0012622809 $77.63 0012623005 $71.04 0012613105 $91.05 0012623807 $92.13 0012623708 $125.78 0012623906 $161.81 0012612701 $85.35 0012612602 $57.41 0012613204 $61.42 0012613501 $26.26 0012617304 $124.71 0012614400 $28.89 0012615407 $149.68 0012615605 $44.71 0012616306 $41.93 0012619706 $104.53 0012632709 $461.83 0012631602 $551.16 0012627006 $150.23 0012628202 $116.82 Account # Certification Balance 0012631206 $25.59 0012626008 $104.51 0012630505 $129.05 0012629903 $52.81 0012628905 $165.16 0012624904 $109.16 0012625406 $71.54 0012632618 $96.92 0012632642 $72.46 0012632634 $64.44 0012632766 $127.69 0012632790 $306.47 0012632824 $516.14 0012632865 $96.57 0012632857 $215.23 0012632899 $618.29 0012632907 $176.48 0012632964 $167.39 0012633004 $104.94 0011602802 $5.84 0011600111 $190.87 0089907595 $165.10 0013199906 $26.84 0013200407 $69.60 0013201009 $205.74 0013205802 $111.91 0013206206 $55.37 0036142602 $270.24 0036144004 $96.25 0036144806 $18.47 0036146504 $92.95 0036112720 $59.11 0036112845 $54.98 0036112589 $210.40 0036112639 $59.11 0036120509 $59.96 0036120004 $67.37 0036147304 $71.50 0037508702 $164.07 0037504107 $292.89 0036307908 $184.85 0036313609 $286.06 0038200606 $33.05 0038202701 $93.83 0038201505 $113.46 0038209508 $251.85 /a3 Account # Certification Balance 0038230603 $81.57 0038247409 $204.96 0038315107 $7.49 0038316808 $105.52 0038319109 $93.72 0038320701 $67.67 0024904302 $35.53 0024903601 $182.19 0024903502 $47.76 0024903205 $65.98 0024903007 $159.51 0024902900 $231.72 0024904708 $56.96 0024904401 $31.57 0024904906 $6.14 0024905002 $351.87 0024905309 $199.29 0024905705 $79.01 0024905903 $57.96 0025309709 $121.59 0025310202 $363.92 0025310988 $156.51 0037719309 $223.04 0037719804 $107.00 0025615105 $66.54 0025610809 $42.32 0025633702 $181.21 0089907555 $28.76 0036407708 $8.19 0036402600 $89.88 0036402105 $154.20 0036403806 $62.14 0036401917 $87.08 0036406015 $102.41 0036404705 $84.08 0036404804 $114.80 0036405108 $48.75 0036405801 $78.20 0036405710 $191.43 0024337305 $178.39 0024605206 $152.37 0024604100 $83.49 0024607004 $165.29 0024606600 $234.13 0024606501 $200.00 0025721002 $52.56 Account # Certification Balance 0025721804 $46.06 0025722109 $88.11 0038275103 $80.64 0038275608 $44.84 0012034708 $100.53 0012035408 $77.79 0012035804 $239.50 0012032207 $85.81 0012904009 $256.81 0012904504 $106.95 0012910808 $90.43 0012900304 $72.46 0012903001 $482.30 0012910006 $43.74 0012902904 $175.61 0012909701 $110.42 0012909503 $185.04 0012909404 $78.02 0012908901 $134.13 0012908802 $189.66 0012906806 .$105.52 0012913000 $237.86 0012907200 $321.67 0012912903 $258.74 0012907606 $49.39 0012912101 $57.21 0025300203 $25.00 0025305004 $350.66 0025304809 $82.34 0010606309 $61.46 0010606606 $59.32 0010602803 $11.96 0010603108 $9.04 0010610608 $154.48 0010603900 $111.50 0013030606 $130.72 0012241402 $204.71 0012237509 $145.76 0012239307 $104.53 0012239208 $267.13 0012238903 $128.59 0012238705 $95.21 0012265807 $187.41 0012266607 $409.01 0012262903 $72.46 0012260907 $160.20 lay Account # Certification Balance 0036601912 $2,944.58 0025718909 $253.92 0023410616 $32.63 0038298402 $253.42 0038289104 $689.90 0038304200 $63.23 0024429110 $3,201.89 0012205001 $271.56 0036601508 $76.48 0037203106 $307.63 0023902000 $96.04 0025724006 $82.81 0025724501 $260.64 0025724105 $30.07 0025725300 $162.42 0025725805 $69.20 0015504210 $25.82 0025103102 $83.59 0025101106 $79.89 0025108507 $249.08 0025103003 $275.73 0025108804 $147.56 0025102708 $86.29 0025102609 $93.04 0025110008 $459.34 0025102104 $291.97 0025110404 $28.06 0025113408 $22.22 0025111006 $152.53 0025105107 $200.76 0036607505 $262.99 0036607901 $210.92 0036605905 $71.96 0013127808 $291.26 0013128905 $75.41 0013152400 $120.57 0013150800 $114.49 0013153101 $331.19 0013154505 $189.56 0013155304 $180.71 0013155502 $229.96 0013155908 $348.25 0013135207 $76.47 0010600609 $54.96 0010601102 $93.20 0024901605 $182.60 Account # Certification Balance 0024902405 $120.90 0036300507 $220.98 0036300309 $130.94 0025400102 $178.80 0025400508 $89.84 0025401902 $121.01 0023916604 $168.93 0023917008 $93.23 0023917404 $77.36 0023919400 $52.88 0023923006 $211.65 0023920002 $102.57 0023920507 $58.72 0013014105 $84.49 0036803401 $243.57 0036806305 $82.05 0036804003 $324.40 0036806701 $177.79 0036801009 $83.47 0036816601 $304.94 0036812204 $55.69 0036811701 $10.81 0036822203 $84.39 0038217501 $91.12 0038223707 $86.99 0024700601 $119.90 0024702201 $301.07 0024709107 $102.99 0024706103 $154.57 0036408029 $190.59 0012016614 $63.67 0012306403 $72.46 0012304903 $109.11 0012306809 $95.37 0012308607 $1,991.76 0012305801 $25.01 0011812120 $64.44 0012302501 $142.94 0012304101 $77.33 0012300604 $188.06 0012300307 $50.81 0012310009 $85.28 0012311106 $301.96 0012311908 $28.76 0012310207 $149.38 0012310603 $65.95 Account # Certification Balance 0012311809 $72.62 0012312203. $100.87 0012314605 $80.73 0012317608 $11.45 0012318002 $136.95 0012318408 $128.95 0012314506 $158.27 0012316709 $188.21 0012318309 $210.43 0012319109 $179.98 0036612406 $79.87 0024407033 $56.46 0024465908 $129.59 0024465809 $241.63 0025673997 $12.11 0036309508 $136.84 0012403408 $325.01 0012403002 $21.52 0012402202 $65.86 0012402400 $26.79 0012205209 $278.68 0012205506 $145.76 0013131404 $227.47 0036432102 $116.03 0036432003 $38.53 0036430502 $89.13 0036108801 $39.58 0036108504 $29.31 0036108108 $129.18 0036105617 $143.90 0038286902 $15.25 0013183207 $300.75 0037401403 $229.71 0037400801 $36.00 0037010105 $41.53 0037012507 $17.52 0037018702 $78.73 0037020005 $153.04 0037018900 $274.59 0037019007 $136.52 0037017407 $144.61 0037011905 $50.47 0037014503 $79.55 0037017308 $155.85 0037015104 $239.71 0037024908 $320.87 Account # Certification Balance 0037010303 $207.77 0037022902 $148.00 0037018504 $281.80 0012429502 $177.32 0012430104 $189.43 0012436705 $105.85 0012437000 $49.47 0012436200 $59.78 0012435103 $107.70 0012434403 $104.69 0012437802 $84749 0037710209 $121.90 0037706900 $112.67 0037700408 $15.70 0037700903 $56.25 0037711603 $62.61 0037711108 $27.11 0037710902 $95.25 0037705100 $91.45 0037705308 $231.68 0037708302 $292.67 0037708005 $316.49 0037707502 $139.92 0037807708 $150.94 0037717808 $33.06 0037718509 $130.89 0037717204 $150.62 0037808102 $225.60 0037714607 $101.26 0037804903 $59.05 0037818200 $74.60 0037816105 $157.98 0037809100 $213.07 0037801503 $71.83 0037817301 $64.48 0037813607 $212.20 0037814605 $139.94 0012460903 $152.74 0013115902 $88.50 0013145503 $535.55 0013147608 $132.07 0013149703 $246.06 0013179908 $360.98 0013178603 $281.88 0013219902 $209.03 0013285408 $29.58 Account # Certification Balance 0013280409 $49.23 0089907500 $24.09 0013221601 $92.51 0013221908 $51.73 0013245204 $182.45 0011117009 $5.74 0011122900 $70.81 0011122504 $124.31 0011121803 $148.64 0011122306 $198.44 0013206909 $132.50 0013207907 $207.24 0013208400 $231.38 0013211503 $175.73 0013211602 $128.35 0011621604 $467.95 0011620804 $236.32 0011621802 $87.99 0013109509 $257.21 0013110101 $23.49 0036509008 $16.98 0036506301 $81.36 0036504801 $79.62 0036505709 $135.89 0036503209 $83.08 0036503704 $48.75 0036507507 $140.30 0036507408 $61.14 0036513208 $36.36 0036512309 $137.25 0036512606 $52.88 0036105005 $219.84 0011715513 $32.72 0011715505 $5.95 0011704509 $151.48 0011715406 $95.20 0011708203 $199.60 0011715117 $153.10 0011715109 $163.47 0011708906 $136.61 0011701802 $262.94 0011714300 $74.78 0011714003 $243.87 0011713906 $123.25 0011713401 $135.02 0011707502 $52.41 Account # Certification Balance 0011714508 $154.32 0025669508 $153.39 0025670704 $110.99 0025696303 $8.50 0025696709 $335.15 0013266903 $132.05 0013265806 $311.23 0025729906 $217.29 0025730300 $22.55 0025730904 $114.46 0025731001 $132.26 0025731407 $135.03 0025745100 $46.09 0025746306 $111.04 0025746108 $28.65 0012221701 $208.83 0012225603 $18.68 0012214102 $327.04 0012228003 $139.78 0012225702 $250.98 0012228102 $126.62 0012214508 $149.57 0012220505 $37.67 0012222501 $116.84 0012216305 $176.91 0012213609 $209.90 0012215901 $37.80 0012223301 $192.31 0012215703 $187.30 0012215406 $103.35 0012215000 $117.46 0012224200 $364.21 0012213104 $119.64 0012423307 $16.81 0012421400 $118.45 0038292504 $86.99 0038293007 $82.86 0012636403 $70.90 0012915005 $43.45 0013171707 $78.95 0013172200 $95.72 0025682105 $59.31 0025693508 $106.94 0025693607 $248.85 0025694407 $67.89 0025688904 $74.96 1017 Account # Certification Balance 0025689001 $164.22 0025699000 $72.79 0025704404 $93.79 0025701608 $95.29 0025702309 $77.09 0025505504 $222.84 0025715905 $67.44 0025716309 $74.69 0013241203 $104.80 0012134508 $1,233.96 0012133401 $113.93 0012133302 $866.80 0012133500 $182.02 0013237904 $49.34 0013237706 $114.10 0089907130 $441.53 0036209401 $128.72 0036211407 $106.54 0036306579 $70.74 0012212304 $92.51 0012280624 $148.64 0012280970 $49.92 0012280673 $184.22 0012280855 $80.48 0012280806 $11.97 0012203501 $127.40 0013018908 $126.27 0013015607 $191.24 0089907390 $3,026.31 0012135703 $77.69 0012826806 $236.53 0012827200 $72.46 0012822607 $101.14 0012824603 $248.12 0012827606 $74.21 0012824801 $83.05 0012827804 $80.48 0012828208 $112.35 0012281101 $108.45 0025741505 $50.60 0024322208 $342.02 0024324501 $197.93 0024340705 $138.12 0013224308 $148.64 0013230404 $76.47 0013231204 $787.24 Account # Certification Balance 0013234109 $104.94 0013246707 $100.99 0013248505 $203.18 0013258603 $144.31 0024302531 $86.37 0013189105 $198.75 0013192000 $208.56 0013191507 $177.23 0025642307 $202.21 0025642505 $68.41 0036205201 $136.71 0025660804 $170.60 0036232007 $33.05 0036232403 $32.77 0089907615 $785.47 0036407104 $218.76 0012026092 $333.90 0012026084 $1,456.24 0012026209 $222.42 0012031407 $72.71 0012031209 $193.17 0012027108 $216.73 0025500406 $153.16 0012711305 $182.30 0012713905 $81.70 0012708707 $246.84 0012711602 $67.54 0012714002 $71.89 0012710000 $202.24 0012701207 $151.37 0012703203 $10.25 0012704300 $233.74 0012802807 $116.59 0012800900 $60.03 0012806808 $33.92 0012806600 $68.71 0012807103 $50.07 0012808002 $179.74 0012807301 $79.53 0012809901 $100.17 0012810701 $116.28 0012813705 $257.26 0012810206 $57.41 0012812301 $56.24 0012810107 $97.39 0012813002 $149.75 Ian Account # Certification Balance 0012813408 $116.75 0012818407 $75.82 0012816005 $112.37 0012815601 $72.28 0012818308 $132.22 0012816906 $453.11 0012808804 $204.29 0013215405 $119.01 0036230506 $111.71 0023417306 $46.00 0036202604 $107.95 0011205507 $106.31 0011202900 $347.55 0036307700 $273.93 0038306502 $88.06 0038307302 $214.28 0012200507 $100.53 0012201802 $89.45 0012001608 $77.87 0012002507 $140.62 0013107404 $179.84 0013185103 $61.96 0024804205 $380.81 0024804403 $26.47 0024805806 $35.35 0024800203 $72.69 0024801003 $34.17 0024807703 $48.61 0024810608 $50.01 0024809600 $179.85 0024811606 $69.26 0024830705 $106.10 0024830804 $89.99 0038333308 $41.26 0038333407 $61.76 0036608206 $65.27 0036608701 $62.48 0012130407 $105.12 0012130704 $96.08 0025602103 $124.33 0025600602 $203.25 0025602301 $31.07 0036902302 $53.80 0011622701 $72.46 0013235908 $145.19 0013237102 $102.20 Account # Certification Balance 0037115300 $79.90 0037115409 $103.59 0037116902 $522.00 0037105103 $196.82 0037114402 $211.98 0037105608 $137.88 0037108503 $133.57 0037107406 $62.21 0013292107 $193.51 0025203902 $140.94 0025202300 $62.16 0025221409 $249.62 0025222803 $93.11 0012137006 $77.58 0013112701 $247.82 0013262001 $83.43 0013263009 $35.32 0011716701 $243.68 0011716909 $360.44 0011717006 $169.41 0011717303 $248.70 0011719804 $109.81 0011717402 $101.50 0011717501 $149.41 0011720000 $288.99 0011723004 $77.74 0011720802 $181.09 0011721206 $119.40 0011721305 $191.57 0011724309 $83.32 0011724705 $153.36 0011732302 $65.53 0011732609 $81.49 0011726908 $234.86 0011727500 $232.59 0011743606 $127.04 0011743903 $257.11 0011741501 $40.39 0011741709 $119.83 0011740107 $84.49 0011742806 $156.31 0011743002 $85.10 0011730801 $72.61 0011735107 $77.63 0011735206 $97.62 0037902954 $74.60 Account # Certification Balance 0012228300 $169.69 0012229407 $32.11 0012230108 $91.34 0012243309 $146.90 0012233805 $180.84 0012231700 $21.10 0012247300 $169.91 0012246203 $102.15 0012245502 $97.94 0024205502 $148.92 0024205007 $195.42 0024204604 $229.48 0024202400 $113.01 0024203309 $131.25 0024207409 $340.21 0024206906 $181.63 0024205700 $215.84 0024202608 $84.66 0024204406 $170.25 0024205205 $139.54 0024204505 $170.14 0024203408 $49.56 0024210908 $104.81 0024208902 $56.81 0024209207 $61.26 0024209801 $83.06 0024208209 $84.21 0024210809 $61.91 0024212102 $163.65 0024210502 $228.97 0024212300 $77.02 0024211203 $103.51 0024210304 $59.27 0024200305 $56.81 0024200107 $60.51 0024213209 $211.17 0024213506 $63.81 0024216509 $42.53 0024216806 $68.41 0024214504 $202.05 0024215907 $69.98 0013301007 $192.43 0089907495 $9.72 0012244604 $174.00 0038262101 $161.93 0025732603 $122.80 1a� Account # Certification Balance 0012022208 $270.36 0012022802 $429.06 0012022901 $11.46 0012535308 $62.70 0012534103 $11.45 0012533907 $142.93 0038004909 $58.08 0038000600 $265.48 0038009403 $245.54 0038257903 $297.82 0012505004 $184.91 0012504601 $179.19 0012504502 $31.93 0012506309 $33.35 0012509402 $42.05 0012516704 $92.70 0012517207 $941.91 0012518205 $21.32 0012519203 $62.07 0012513701 $11.41 0035509207 $135.37 0011119104 $80.48 0024306805 $40.60 0024307506 $48.61 0024302309 $36.76 0024303406 $239.89 0024319709 $40.71 0024308603 $127.18 0024318909 $158.04 0024307902 $50.87 0024300501 $82.08 0024310203 $112.70 0024309205 $31.86 0024319808 $178.81 0024309106 $56.31 0024316606 $132.66 0024317109 $20.52 0024313702 $158.23 0024316903 $85.36 0024317406 $89.86 0024318503 $206.73 0024314700 $154.62 0012018305 $87.44 0024011009 $200.88 0024009508 $24.66 0024005803 $102.82 Account # Certification Balance 0024004806 $95.23 0024006702 $158.74 0024003204 $57.91 0024013302 $80.02 0024007908 $187.48 0024010407 $29.68 0024012601 $128.45 0024005100 $157.10 0024007700 $125.78 0024011900 $164.59 0024010506 $96.01 0024012700 $39.56 0024005209 $86.41 0024003600 $40.90 0024001208 $25.00 0024001109 $58.74 0024008302 $88.76 0024002305 $5.82 0024002404 $148.82 0024002503 $82.97 0038260808 $134.71 0036300101 $145.82 0036300218 $65.27 0035501410 $113.15 0035501808 $98.65 0035501709 $166.22 0013003900 $266.54 0013004403 $71.41 0013003702 $63.35 0036302404 $249.46 0036302909 $160.00 0036303402 $250.49 0012014205 $293.03 0012013801 $131.03 0012013702 $260.10 0012017604 $151.08 0012008207 $198.79 0012016101 $125.74 0012007605 $80.37 0012007308 $191.11 0025644105 $49.75 0013011903 $162.99 0013187802 $85.84 0013188404 $99.86 0012121802 $209.26 0012118105 $105.57 130 Account # Certification Balance 0012121109 $88.50 0012123501 $84.49 0012120408 $167.16 0012122107 $113.40 0025619107 $81.20 0025628801 $66.34 0037008000 $69.51 0037005600 $6.12 0037005709 $107.18 0038273009 $212.76 0037005907 $516.41 0038262804 $413.68 0037007309 $20.47 0037007507 $108.23 0037006509 $342.59 0037004207 $93.80 0037004504 $399.65 0024511800 $147.52 0024511909 $344.55 0024512600 $82.15 0024512402 $133.17 0024515108 $113.14 0024516601 $111.81 0024560104 $226.05 0024561706 $49.34 0024561805 $208.20 0024521304 $262.84 0024518409 $122.24 0024518003 $133.29 0038225207 $188.70 0013136502 $93.93 0013141106 $113.27 0013137500 $132.45 0013139100 $128.01 0013124706 $400.06 0013124904 $17.53 0013162607 $191.80 0012645701 $89.85 0012645305 $206.39 0012648408 $111.50 0013173505 $1,608.61 0013243209 $288.27 0010914703 $208.71 0010910909 $270.33 0010910206 $209.20 0011502101 $122.88 Account # Certification Balance 0011506201 $227.45 0011500105 $167.50 0011507506 $461.30 0010833408 $170.00 0010804102 $23.45 0010803807 $69.72 0010801405 $10.15 0010701001 $286.32 0010701209 $150.28 0010700300 $221.28 0010701902 $105.84 0010703700 $84.75 0010703908 $83.00 0010704401 $63.39 0010704500 $61.02 0010804805 $52.41 0010707701 $81.76 0010712206 $34.96 0010711505 $56.42 0010709707 $90.73 0010903102 $53.54 0010905917 $370.19 0010900504 $100.79 0010900702 $226.62 0010903805 $122.71 0010900801 $69.87 0010907301 $104.14 0010900900 $16.32 0010907111 $208.33 0010905503 $102.57 0010905107 $201.84 0010907707 $62.26 0010904605 $103.62 0010907806 $32.11 0011405412 $38.01 0011405719 $28.06 0038236808 $133.32 0024334104 $64.39 0024333908 $139.29 0024333809 $577.94 0024333106 $121.96 0024333304 $94.81 0024333601 $66.37 0024330508 $56.56 0024329401 $14.40 0024331100 $138.20 151 Account # Certification Balance 0024328304 $56.56 0024327702 $100.24 0036900108 $115.57 0036917003 $254.84 0036917409 $98.86 0036906105 $99.69 0010503803 $103.58 0010503704 $71.78 0010514800 $66.85 0010511202 $39.78 0010500700 $220.64 0010501500 $113.98 0010514305 $31.93 0010501401 $127.93 0010505808 $65.30 0010506202 $126.49 0010511905 $60.97 0010508505 $122.42 0010507705 $22.05 0011000809 $120.24 0011005907 $195.24 0011007705 $57.66 0011003506 $76.21 0011003100 $114.86 0011014404 $52.41 0011014206 $108.54 0011002300 $28.82 0011108909 $105.90 0011010600 $76.84 0011102902 $181.60 0011111903 $98.82 0011112000 $193.63 0011105400 $80.87 0011110806 $41.37 0011100906 $151.57 0011110301 $47.72 0013264601 $54.20 0013264700 $128.71 0023308562 $119.42 0023308554 $99.74 0023308539 $172.70 0023308547 $130.87 0025709106 $16.08 0025710104 $105.94 0023406853 $34.62 OCT/27/2009/TUE 12:00 PM Maid Brigade 10/27/2009 Eagan Municipal Center Special Assessments 3830 Pilot Knob Rd Eagan, MN 55122 Maria Petersen, City Clerk: FAX No. 651-686-9119 P. 002 This letter is a formal objection to the City of Eagan, Notice of Special Assessment dated 10/12/2009,1 object to all the terms of this special assessment letter. These are not my unpaid utility bills as this letter will explain in further detail. I did not gain possession of the property, 1940 Carnelian Lane, Eagan, MN 55122 until 05/21/2009. These delinquent utility bills are from 04/16/2009 for a Lori Kjeldahl who resided in the house previously. ' - I have attached a copy of the purchase agreement stating that "All interest: unit owners' association dues; rents; and charges for city water, city sewer, electricity and natural gas shall be prorated between the parties AS of the date of closing." (Refer to line 105 & 106). It was also agreed upon on line 70 & 75 of the purchase agreement that the seller should provide for payment of special assessments certified for payment and/or special assessments pending as of the date of closing. I have attached a copy of the closing documents from the title company stating 'pending assessments were found for Delq. Util. in the estimated amount of $452.64 as of April 21, 2009'. Per the transaction history document 1 requested for the property from the City of Eagan billing department, it looks like a payment was made (assuming from the Seller) on 05/26/09 in the amount of .$452.64. It also shows that on 04/16/09 the outstanding amount was $734.91, not $452.64. Hence the difference of $282.27 is still outstanding. In any circumstance, this is an outstanding bill from the previous property owner, Lori Kjedahl. I am not responsible for this and appeal the notice of special assessment being collected on my 2010 property taxes. This should have been identified by the City of Eagan or the title company and payment remitted at the time of closing by the seller- 05/21/09. I am trying to get in contact with the title company to identify who is responsible for this bill. Regardless, this bill should never be associated with my name. Feel free to give me a call if you have any questions or need any further documentation. Please confirm you received this letter via e-mail: hillk80@aol.com or phone 612-483-2785. Sincerely, Kaisa Hill New Property Owner at 1940 Carnelian Lane, Eagan, MN 55122 133 , OCT/27/2009/TUE 12:00 PM Maid Brigade FAX No. 651-686-9119 P, 003 Encl. Copy of Notice of Special Assessment Letter Copy of Purchase Agreement, line 105 & 106, Line 70 & 75 Copy of Title Document Pending Assessments- Line 13 OCT/27/2009/TUE 12:00 PM Maid Brigade October 12, 2009 FAX No. 651-686-9119 P. 004 City of Eagan Notice of Special Assessment Delinquent Utility Billing This letter serves as notice to you of the pending certification of your unpaid utility bill(s) to the Dakota County Auditor for collection with your 2010 real estate taxes. The Eagan City Council will meet at 6:30 p.m. on November 5, 2009, at the Eagan City Hall, 3830 Pilot Knob Road, Eagan, MN, to approve and adopt the special assessment listed below resulting from unpaid utility billing(s) at the service address shown: Property ID: 10-16704-110-13 Service Address: 1940 Carnelian Lane Kaisa Hill 1940 Carnelian Lane Eagan, MN 55122 Your property's special assessment for delinquent utility billing(s) is (are): S/A # Principal Certification Interest Total Fee Delinquent Utility Bill(s) 103791 $282.27 - $ 25.00 $ 64.53 $371.80 The City will accept payment for any portion of these special assessments free of interest charges for a period of thirty (30) days. The interest-free period begins on November 6, 2009 and ends on December 7, 2009. If you choose to pay after December 7, 2009, interest at 18% per annum from November 6, 2009 to December 31, 2010, a period of fourteen (14) months, will be added to the principal amount due, in accordance with MN Statutes 429.061 subd. 2. Interest is calculated from the date of the assessment hearing through December 31 of the following year. Any unpaid balance as of 12/31/2009 will be collected with your 2010 property taxes payable to Dakota County. To avoid the $25.00 certification fee and interest, please pay principal amount due by November 5, 2009. Please make your check payable to City of Eagan. Mail your payment to, or pay in person at the Eagan Municipal Center (City Hall), Special Assessment Department, 3830 Pilot Knob Road, Eagan, MN 55122-1897. (Continued on reverse) OCT/27/2009/TUE 12:00 PM Maid Brigade f FAX No. 651-686-9119 PURCHASE AGREEMENT 41. Address .19 Ya G.a- •;.rd• ---- 42. Page 2 Dote 43, This Purchase Agreement ccs o Ia NOT subject to cancellation of a previously written purchase agreement 44. dated 48, (If answer Is IS, said oanoellatIon shalt be obtained no Tater than , 20 • It 46. eeid canoelietlon Is not obtained by said date, lhla Purohaae Agreement is canceled. Buyer and Oilier shall Immediately 47. Glen a CanGenerlon 0/ Purchase Agasernent oonlirming eald'cancellation and dlreoting all earnest money paid 48. hereunder to be refunded to Buyer.) 40. buyer has been made aware of the availability of property inspections. BuyerCn or+oI sired® j Decibnes to have a 50. property inspeoUon performed at Buyer's expanse. 81. This Purchase Agreement] I$ 3 NOT subjeot to en lnspsoflon Contingency Addendum, iia, (0 answer 1s IS, see attached Addendum.) 63. D8QD/MARK@TABI.ETITLB; Upon performance by SuyGr. Seiler shall deliver a 54. E.Warrttnty Deed or CD Other: r lased jalned In by spouse, 0 any, oonvsying 95. marketable title, subjeot to 88. (s) buldln9 and zoning laws, ordlnanc®a, and elate and federal re®ulatione; 67. (b) restrtottons relating to use or Improvement of the property without olfeative terteltpre provlelana; 68. (c) reservation of any mineral rlghte by the State of Minnesota; 59. (d) utility end drainage eaaernente whtoh do not Interfere with existing Improvements; so. (e) rlghte of temente AS tollowo (unless epeolfled, not oub)aot to tenancies): 88. (1) others (must be vacated In writing): 03. 64. 80. CO. e7. ; end 8$, ❑ SUM SHALL PAY ftRL(. R SHALL PAY on date of closing any deferred real Mate taxes (e.g., Green ..._. W _.-•-rcr,� ens. 09. Aorea) or special assessments, payment of which Is required ea a result of the cloeing of rhea sale. -1F 7b. Q BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF OLOSINQ fiq SKIER SHALL PAY ON 71, DATE of 0Lo81NQ all tnatallmente of special assessments certified for payment, with the real estate taxes due end 79. payable in the year of closing. 73. OMR SHALL. ASSUME • ] ®LLLEfi SHALL PAY on dt►te of closing all other special assessment; levied art 74, of the date of this: Purchase Agreement. 75, 0 BUYER SHALL ABsUME,P SELLER SHALL PROVIDE: FOR PAYMENT OP apeciel assessments pending as r.,....,...,...rcrwv,C,..}_...,.__..,..._ NTT. 70. of the date of thle Purchase Agreement for Impravernents that have been ordered by any aeaeeeing authorities. (8efier'e 77. provlalon for payment shell be by patyment into escrow of two (2) times the estimated amount of the assessments or 79. less, as required by buyer's ladder.) 79, euyer shell pay any unpaid special assessments payable In the year following otoaln8 and thereafter, Lha payment of e0. which It not otherwise herein provided, MNePA.fl'frea7) OCT/27/2009/TUE 12:00 PM Maid Brigade FAX Na, 651-686-9119 PURCHASE AQREIxMENT 81. Address 82. Page 3 Data 83. M of the date of thla Purchase Agreement, Seller represents that Seiler 0 NAB Eis I1AS NOT received a notice 84. regarding any new Improvement project from any assessing authorities, the coots of which projeot may be assessed 86, against the property. Any euoh notice received by Beller atter the date of this Pur ctraae'Agreement and before closing 88. shelf be provided to Buyer frnmedlately, R eon notice fs res In WHIN),aftern or date tore the dA a or sloe nAgreement and o 87. or before the date of owing, than the ponies may g y pay, provide 88. tar the payment 01 or assume the epeolat assessments, In the abaenoe of such agreement, either party may declare 66. thio Purchase Agreement oanceted by wilted notice to the other party, or licensee representing or aealaling the ether g0, parry, to whloh cave this Purchase Agreement 19 canceled. If either party deolare8 this Purohase Agreement canceled, 91, Buyer and Sellar shall immed1ately sign a CancellatiOn o/ pvrohes@ Agreement confirming eatd concmt1 t1on and 92. dtreoting all earnest money paid hereunder to he refunded to Buyer, 93. Bayer shall pay gi PIAGRATBO FROM DAY OP CLOSING [] --- —12th0 OF 0 ALL NO real estate taxa0 duo 94. and payable In the year 20 CPI 9Ef, Seller ®heli pay al,PF%ORATECTO DAY OP CLOSING D _ .._ 121hs OP [] ALL, 0 NO real estate taxes due and 88. payable In the year 20 At.— .11 the otoeing date is changed, the real estate 1aXee paid Mall, If prorated. be adjusted 87. to the new closing date. Seller warrants texas due and payable In info year 204251— shadba>:: ,PULL-,PART►:1 NON- • Aeko�te,!•.,,,,• ..,....• 88. hornestead olaeelflestton, 98, it part- or non•honleatesd aleaelticatton la °hooked, Salter agrees 10 pay Buyer el closing $ 100, towatrd the non•homeatoed real estate taxee. Buyer agrees to pay any remaining balanoe 01 non•ttomeetead taxes 101, when they brooms due and payable. Buyer abet! pay real estate texas due and payable In the year following oloaing 109, and thereafter, the payment of which la not olherwlae herein provided, (J repreaaniallone, are made eoneerning the 102, amount of subsequent real estate texas, 104, POSSESSION; Beller than deliver possession o1 the property no lAtar than JNIer after clo8111g. .:- 105, Ali Interest; unit °whom' aueO0lallOn dues; rente; and charges for city water, ally lower, electricity and natural gas shalt _408. ha prorated between the parties e6 of date of closing. Buyar shall pay Beller for remaining gallons of fuel olt or liquid 107. petroleum gas on the day of dosing, et the rata of the last till by Seller, Seiler agrees to remove AU. OEB1418 AND 108, ALL PEAK/NAL PROPERTY NOT INOLUDEO HEFit=IN from the property by possession date. 109. TITLE AND BXAMiNATIONt within a reasonable time period after acaeptenoe of this Purohaaa Agreement, $alter 110. shall provide one 0f the foliowln�g title evidence optlone, at 9oller's eelectlon, whish shalt tnotude proper eaarchee 111. covering bankruptcies, Mate and federal Judgments and liana, and levied and pending epeolat aaa eemonta to Buyer 112, or Buyer's deelgnated title aervlee provider; 113, (1) A oommtiMent for an owner'® policy of title Ineurance on a current ALTA form Issued by en Insurer tloensed 114. to write title lneuranoe In Minnesota as eeteoled by Buyer. Seller shalt be responsible for the title search end 119. exam coats related lo the oommltment. Buyer Shall be reaponetbta for aN addiiional coats related tote Jsauan e 118. of the tide !neuronal) p011ay(le;) tnoluding hut not limited to the premium(s), I9uyer'e name ®.arch and plat 117. drawing, If any, Seller chat! surrender a dopy of any dwnor'a title Ineuren0e pokey and Abelreot of Title, If In 118. Beliefs poaaebalon or control, for thfa property to Buyar or Buyer's dealgnatad Iitie service provider. 119, (2) An Abatraot of 1111e Certified to date 11 Abstraot Property or A Aeglatered Property Abetreat (RPA) certified to 120, date 11 Ne9latared Writhe) property. Seller shaft pay for the abetraolIng or RPA costa and *wonder any 121. abstract for this property In Seller's possession or control to Buyer or Buyer's designated tole servlco provider. 122. If property le Abstract and Beller does not hive en Abetr#et of Tllle, Option (1) will automa(IaalIy apply. 123. Seller eh411 use 88IIsr'a beet efforts lo provide marketable lltfe by the dale of °losing. In (he event star hall not 124, provided marketeltle title by the dale of oloaing, Bailer shall have an additional 30 days to make IIIIe marketable, min 125, the alternative, Buyer may wales title Meets by written notion 10 Seller. In addition lo the 30 -day extension, Buyer 12®, and 8e11arnmay, by mutual agreement, further extend the eloping date_ Lacking such extension, setter party 'nay darter€ 127. this Purchase Agreement oancsled by written notice to the other party, or licensee repredenUng or assisting the other tee, party, In whloh oase thio purohaee Agreement to oenoeled. It either party declares this Purohaaa Agreement canCelad, 129. Buyer and Beller shall Immediately elgn a Cancellation of Purchase Agreement conttrming said oenaetlatlon and 130, *tang all eerneet money paid hereunder to be refunded to Buyer. WOWS (8!07) 137 P. 006 OCT/27/2009/TUE 12:00 PM Maid Brigade FAX No. 651-686-9119 P. 007 7, Deed from Countrywide Home Loans, Inc. to Kaisa A. Hill. A well disclosure certificate or" certification on the deed stating status of the well Is required. Questions regarding well disclosure should be directed to the Department of Health at 651-201-4587. 8. Mortgage naming KaIse A. Hill, and spouse, If any as Mortgagor(s) and the proposed insured lender as Mortgagee, Note to Closer: In the event there Is secondary financing please contact Nancy Post, Customer Service Representative prior to closing. 9. NOTE: Public records indicate no open mortgage. Please verify no liens or mortgages are to be paid at closing. 10. Pursuant to Paragraph B - "Standard Exceptions" of Schedule B - Section 2; Burnet Title hereby deletes the Standard Exceptions, Item's 1.2 and 3 for lenders policy only. 11. Real estate taxes payable in 2009 in the amount of $2,299.96 are not paid. (Base Tax $1,924.50.) Tax Identification No. 10 16704 110 13. NOTE: Real estate taxes for 2008 and prior years are paid. Tax records indicate the current year's taxes are homestead. No representation is made regarding subsequent years' taxes. - - Informational Note: Real estate taxes are due May 15 and October 15 annually. 12. Levied assessment for Delq, Util. In the principal balance amount of $0.00 as of April 23, 2009_ NOTE: The amount of $375.46 has been certified to 2009 taxes_ NOTE: The above payoff amounts are valid only until December 31, 2009. -.I 13. Pending assessments for Delq. Util. In the estimated amount of $452.64 as of April 21, 2009. NOTE: Approximate date to be levied Prepay May 6 -June 4, 2009, 14. We require photo Identification from all parties signing any documents In this transaction. Also required are the Company's Compliance and Indemnity Agreement and Affidavits in a form acceptable to the Company Indicating no judgments, liens, bankruptcies, etc. If there are any questions concerning this Commitment please contact our Customer Service Coordinator Nancy Post at 952-886-6769 direct, 952-844-0223 fax or e-mail Nancy.Post®burnettitle.com. This Commitment was prepared by Lisa Jacox at 952-831-2427 fax, or e-mail LIsa.Jacox@burnettitle.com. (rev. 1/09) Agenda Information Memo November 5, 2009, Eagan City Council Meeting VII. NEW BUSINESS A. CONSIDERATION OF IMPOSITION OF ADDITIONAL PENALTIES FOR BRAR ENTERPRISESLINC. DBA BLACKHAWK LIQUOR & WINE ACTION TO BE CONSIDERED: To impose no additional penalties upon the licensee. Or To impose additional restrictions on the licensee to include up to an additional 30 days suspension of the off -sale license. Or To revoke the off -sale liquor license. FACTS: ➢ On September 1, 2009, Brar Enterprises, Inc., dba Blackhawk Liquor & Wine, was cited for a fourth alcohol sales violation within a 36 -month period. Per Eagan City Code, Chapter 5, Section 5.02, Subdivision 4 (G), a civil penalty of $2,000 and 30 days suspension of the license, unless a greater civil penalty, suspension or revocation is otherwise determined by City Council, shall be imposed upon a licensee upon the fourth or more violation within a 36 -month period. The forgoing penalties shall not restrict the City Council from ordering the revocation of the license, suspension of the license for up to 60 days, a civil penalty up to $2,000 or impose any combination thereof. ➢ Section 5.03 of the Eagan City Code, states that no suspension or revocation of a license or civil penalty shall take effect until the licensee has been given an opportunity for a hearing. The licensee was afforded the right to a hearing to appeal this matter but did not request one. ➢ The fourth violation involved the licensee obtaining alcohol from another retailer for the purpose of resale, which is a violation of MS 340A.415 and Eagan City Code Chapter 5, Section 5.02, Subdivision 4 (G). This violation was discovered by an agent of the Alcohol and Gambling Enforcement Division on September 1, 2009. At the time of the infraction, the licensee was on the Minnesota Department of Revenue Liquor Posting tax delinquent list and is still identified as being on this list, which means that no liquor deliveries can be made to the establishment until the tax delinquency has been satisfied. ➢ The three previous alcohol sales violations occurred as follows: July 18, 2007 — bought liquor at retail for the purpose of resale; March 15, 2008 — sale of alcohol to a minor and July 17, 2008 — sale of alcohol to a minor. ➢ As a result of the fourth violation, the off -sale liquor license for Brar Enterprises, Inc. was suspended by the City on October 19, 2009 at 12:01 a.m. for a period of 30 days. The suspension will end on November 17, 2009 at midnight. Additionally, the licensee is required to pay a civil penalty of $1,600 to the City no later than November 4, 2009. 131 Minnesota Statute 340A.415 does not allow a civil penalty greater than $2,000 to be imposed for each violation. Per the notice of violation that was issued by the State of Minnesota on September 25, 2009, the licensee was fined $400 for violation of state law. As such, the City could only impose a civil penalty of $1,600 so as not to exceed the $2,000 cap established by state law. ➢ Aside from the 30 -day suspension and $1,600 civil penalty already imposed upon Brar Enterprises, Inc., the City Council could 1) choose to impose no additional penalties, 2) suspend the off -sale liquor license up to an additional 30 days or 3) order the revocation. ATTACHMENTS (3): ➢ September 25, 2009 letter sent to licensee by the State of Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division on page 1'41 . ➢ October 5, 2009 City of Eagan notice of alcohol sales violation on page( -a. )=. October 26, 2009 letter to licensee providing notice oft intent to consider additional penalties related to alcohol sales violations on pages through 1L i . MINNESOTA DEPARTMENT OF PUBLIC SAFETY OF MINS Alcohol and Gambling Enforcement ARMER/911 Program Bureau of Criminal Apprehension Driver and Vehicle Services Homeland Security and Emergency Management Minnesota State Patrol Office of Communications Office of Justice Programs Office of Traffic Safety State Fire Marshal and Pipeline Safety Alcohol and Gambling Enforcement 444 Cedar Street • Suite 133 • Saint• Paul, Minnesota 55101-5133 Phone: 651.201.7500 • Fax: 651.297.5259 • TTY: 651.282.6555 www.dps.state.mn.us BRAR Enterprises Inc. Blackhawk Liquor & Wine 4130 Blackhawk Rd/Suite 100 Eagan MN 55076 September 25, 2009 NOTICE OF AGENCY ACTION The Department of Public Safety, Alcohol and Gambling Enforcement has evidence that while on the Minnesota Department of Revenue Liquor Posting tax delinquent list you obtained alcohol from another retailer for the purpose of resale, which is in violation of Minn. Stat. § 340A.415. This was noted by an agent of Alcohol and Gambling Enforcement Division when he visited your establishment on September 1, 2009. Under the provisions of Minnesota Rule 7515.0520 all retail dealers shall purchase their stock of alcoholic beverages only from duly licensed Minnesota manufacturers, brewers, and wholesale distributors. The Department of Public Safety, Alcohol and Gambling Enforcement is given the authority to take civil action in the form of a fine, license suspension or license revocation for any violation of Statute, Rule or Ordinance related to alcoholic beverages. Pursuant to this authority, you are hereby notified that this agency is imposing a civil fine in the amount of $400.00, for violation of the law as provided for in Minn. Stat. § 340A.415. This fine is due 20 days from the date of this notice unless you contact us within this time period contesting this matter. This is your second violation of this type within the past five years. You are also advised that you . have the right to a hearing before an administrative law judge. The request for such a hearing must be in writing and must be sent to the undersigned within twenty days of the date of this Notice. If you request a hearing, this agency will initiate a_ contested case proceeding pursuant to the provisions of the Minnesota Administrative Procedures Act. If you do not wish to contest this agency action, send a check payable to the Alcohol and Gambling Enforcement Director in the amount of $400.00. If we have not received payment or a request for a hearing by October 15, 2009, additional and more serious agency action may be taken against your license for failure to comply with the directive of the CommissiongrY� Alcohol & R.mbIIn' Enlom.m.nt !Hems, Director Alcohol and Gambling Enforcement EQUAL OPPORTUNITY EMPLOYER LH NOTICE OF ALCOHOL SALES VIOLATION City of Eagan DATE: 10/5/09 TO: LICENSEE: Brar Enterprises, Inc. Case #: N/A Address: 4130 Blackhawk Road, Eagan, MN 55122 LICENSED PREMISES: Blackhawk Liquor & Wine, same address as above RE: Alcohol Sales Violation: 4th Date of Violation: 9/1/09 Date of Prior Alcohol Sales Violations (include Case #): 7/18/07 - no case number; 3/15/08 - 08-1519 7/17/08 - 08-4331 YOU ARE HEREBY NOTIFIED as the Licensee of the above -referenced Licensed Premises that a violation of the alcohol regulations as set forth in Minnesota Statutes, Section 340A.101., et. seq. and Eagan City Code, Sections 5.01-5.99 has occurred at the above -referenced Licensed. Premises, as follows: (date and description of alcohol sales violation) The fourth violation in a 36 -month period occurred on 9/1/09 - Purchase of liquor at retail for the purpose of resale. THEREFORE, YOU ARE HEREBY NOTIFIED that pursuant to Minnesota Statutes, Section 340A.415, and Eagan City Code, Section 5.02, the City of Eagan imposes the following civil penalty upon you: ❑ 1. A civil penalty of $500.00 ❑ 2. A civil penalty of $1,000.00, because the above -referenced violation is the second violation within 24 months of a previous violation. ❑ 3. A civil penalty of $1,500.00 and a seven (7) day suspension effective: (i) ten (10) business days after the issuance of this Notice ( ); or (ii) upon completion of a hearing, if requested as set forth below, if a violation has been found to occur because the above -referenced violation is the third violation within 24 months of the first violation. • 4. A civil penalty of $1,600 and a thirty (30) day suspension effective: (i) ten (10) business days after the issuance of this Notice (10/19/09 beginning at 12:01 a.m. and ending on 11/17/09 at midnight); or (ii) upon completion of a hearing, if requested as set forth below, if a violation has been found to occur because the above -referenced violation is the fourth violation within 36 months of the first violation. YOU ARE HEREBY FURTHER NOTIFIED that pursuant to Minn. Stat. §340A.415, and Eagan City Code, Section 5.02, you have a right to a hearing to appeal this Notice and the imposition of the civil penalties. Should you desire to have a hearing, you are required to request a hearing by serving the attached Request for Hearing upon the City Clerk within ten (10) business days of the date of this Notice. Upon receipt of your Request for Hearing, a hearing will be set before the City's hearing officer, no more than fourteen (14) days from the date of the City's receipt of your Request for Hearing. If the hearing officer determines that a violation has occurred upon the conclusion of the hearing, or if you do not timely request a hearing, you are required to immediately comply with the provisions herein. If you have any questions concerning this matter, please contact: Maria Petersen, City Clerk/Admin. Svcs. Coord. at (651) 675-5034 Signature Date I �� 41P City of Emu Mike Maguire Mayor Paul Bakken Cyndee Fields Gary Hansen Meg Tilley Council Members Thomas Hedges City Administrator Municipal Center 3830 Pilot Knob Road Eagan, MN 551 22-1 81 0 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD Maintenance Facility 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cityofeagan.com The Lone Oak Tree The symbol of strength and growth in our community. October 26, 2009 C c /ae,,, -±: JessPytc�' cJ r7 to SS `\6JLty\ E-« ja_,-, SS \ ZZ Mr. Jess Brar BRAR Enterprises, Inc. NOTICE OF CONSIDERATION OF ADDITIONAL dba Blackhawk Liquor & Wine PENALTIES RELATED TO ALCOHOL 4130 Blackhawk Road SALES VIOLATIONS Eagan, MN 55122 Dear Mr. Brar: The City of Eagan sent you a notice dated October 5, 2009, informing you that as a result of a fourth alcohol sales violation in a 36 -month period, your off -sale liquor license would be suspended beginning October 19, 2009 for a 30 -day period ending on November 17, 2009. Additionally, a $1,600 civil penalty was imposed. Per Eagan City Code Section 5.02, Subd. 4 (G) Notwithstanding the foregoing civil penalties, a civil penalty of $2,000.00 and 30 days suspension of the license, unless a greater civil penalty, suspension or revocation is otherwise determined by City Council, shall be imposed upon a licensee upon the fourth or more violation within a 36 -month period. The foregoing penalties shall not restrict the City Council from ordering the revocation of the license, suspension of the license for up to 60 days, a civil penalty up to $2,000.00, or impose any combination thereof The purpose of this letter is to inform you that on Thursday, November 5, 2009, the Eagan City Council will consider the possible imposition of additional penalties related to alcohol sales violations that occurred at your establishment on July 18, 2007, March 15, 2008, July 17, 2008 and September 1, 2009. The Council meeting will begin at 6:30 p.m., or as soon thereafter as Council business permits, at the Eagan City Hall, 3830 Pilot Knob Road, Eagan Minnesota. Be advised that this meeting is your opportunity to be heard and to present any evidence or testimony you may have for the City Council to consider before it makes its decision. Please bring with you any evidence or witnesses you wish to present on your behalf. Please contact me at (651) 675-5034 should you have any questions regarding this matter. Sincerely, Maria Petersen City Clerk/Administrative Services Coordinator Cc: Tom Hedges, City Administrator Gene VanOverbeke, Director of Administrative Services Agenda Information Memo November 5, 2009, Eagan City Council Meeting B. PLANNED DEVELOPMENT AMENDMENT — KASHEVATSKY ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Planned Development Amendment to allow a 3,300 SF garage addition at 3445 Washington Drive, legally described as Lot 2, Block 1, Bicentennial Fourth Addition, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ An 8,200 SF, two-story office building was constructed in 1981 and platted as Lot 2, Block 1, Bicentennial Fourth Addition. ➢ Lot 1, adjacent to the east, was also developed with an office building. The two properties share a private parking and access agreement. ➢ The subject site is surrounded by other office uses, auto service and a hotel, all zoned Planned Development and guided Special Area. ➢ An adult daycare and transportation company occupy the subject building and are owned by the property owner. An office tenant is located on the second floor. ➢ The applicant proposes a 3,300 SF garage addition to enclose the vehicles associated with the tenants; including limousines, busses and vans. ➢ The proposed garage addition will match the existing building in materials and color. ➢ Indoor/ outdoor storage is more typical of an industrial use, found in an industrial district. ➢ If conversion of the garage space were sought in the future, parking issues would need to be addressed at that time. ➢ The APC held a public hearing on October 27, 2009 and recommended approval of the PD Amendment on a 6-1 vote. ISSUES: ➢ The adjacent office building owner spoke to concerns about the subject businesses, which the City Attorney stated were private matters, not under the realm of review by the City. 60 -DAY AGENCY ACTION DEADLINE: November 15, 2009 ATTACHMENTS (3): Location Map, page I Draft October 27, 2009 APC minutes, pages IH 7 through) Lig' Planning Report, pagesl4 IQthrough/4G 115_" �q �gm o r§4o o-atil :7 MI Ina aro ams Ern MALI aro LIM ©rum NIfaa mu ;ram En WU NEM ICI lanai! in Mild MEE Gill Location Map Eagan Boundary Right-of-way Parcel Area Park Area Building Footprint WIT Lr D ltd IN s'� 4 IJ 3 -,g fiQ�s' Ti©eJin w'- 4� LipWier* ail alumplowel minim I i milvrokr- °�P'p =art; Pp®q�°°it�' v io ®e��<,,l�se �fc � ac oryg 60 I `wag /camit; V. a.,, �, r1 vin Et (4416 &ism Fria111 s- *p4 4 o 3pti� fitam loco 1000 0 1000 2000 Feet Development/Developer: Kashevatsky Application: Planned Development Amendment Case No.: 16 -PA -11-09-09 It'll`City ofEkon Community Development Department 1 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. 1 Advisory Planning Commission October 27, 2009 Page 2 of 4 IV. PUBLIC HEARINGS A. Kashevatsky Building Addition Applicant Name: Kashevatsky, LLC Location: 3445 Washington Drive; Lot 1, Block 2, Bicentennial Fourth Addition Application: Planned Development Amendment A Planned Development Amendment to build an addition to the existing building. File Number: 16 -PA -11-09-09 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated October 20, 2009. She noted the background and history. Member Keeley asked if parking would still be met if existing stalls were restriped to meet current Code standards. Planner Thomas stated that there appeared to be ample space to meet parking standards. Quinn Hutson, Architect, representing the applicant, stated he was available for questions. Chair Chavez opened the public hearing. Vladimir Storchak, 3435 Washington Drive, stated objection to the project due to potential impact to the shared parking between the buildings, concerns with nuisance and potential depression of the value of his property. Chair Chavez explained the jurisdiction of the Advisory Planning Commission and explained that Mr. Storchak's concerns can not be considered by the Advisory Planning Commission. City Attorney Bob Bauer explained that Mr. Storchak's concerns are between two private property owners and can not be considered by the Advisory Planning Commission. There being no further public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Keeley moved, Member Heaney seconded a motion to recommend approval of a Planned Development Amendment to allow a 3,300 SF garage addition on property located at 3445 Washington Drive, legally described as Lot 2, Block 1, Bicentennial Fourth Addition, subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. This Amendment is intended to supplement and amend the existing Planned Development Agreement. All other conditions and provisions of the existing Planned Development Agreement shall remain in full force and effect. 3. Updated building facades shall be constructed per the submitted elevation plan dated September 16, 2009 and shall include garage doors painted to match the color of the building. 1�7 Advisory Planning Commission October 27, 2009 Page 3 of 4 4. Landscaping shall be installed (as shown on the plan dated September 16, 2009) no later than September 15, 2010. 5. The parking lot shall be restriped to have the stalls no Tess than 9 x 19 in size, no later than September 15, 2010. Subsequent to the motion and the second, the Advisory Planning Commission discussed parking requirements and changes in such if the building use were to change. Member Supina asked if the indoor parking would be counted towards the building parking requirement. City Planner Ridley stated it would. Member Filipi asked for confirmation that any potential change in use would require approval by the APC and City Council. City Planner Ridley stated it would. Chair Chavez stated the proposal is changing the parking dynamics for the area. Member Keeley stated that it was but, given the choice, she would prefer the vehicles to be stored indoors where they would be completely screened. Member Heaney agreed with and stated his belief that this proposal would be an improvement. A vote was taken. Aye: Members Keeley, Dugan, Supina, Filipi, Heaney, and Daley. Nay: Chair Chavez Motion carried: 6-1. PLANNING REPORT CITY OF EAGAN REPORT DATE: October 20, 2009 CASE: 16 -PA -11-09-09 APPLICANT: Michael Kashevatsky HEARING DATE: October 27, 2009 PROPERTY OWNER: Same APPLICATION DATE: Sept. 16, 2009 REQUEST: Planned Development Amendment PREPARED BY: Sarah Thomas LOCATION: 3445 Washington Drive COMPREHENSIVE PLAN: SA-O/S, Special Area — Office/Service ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow a 3,300 SF garage addition on property located at 3445 Washington Drive, legally described as Lot 2, Block 1, Bicentennial Fourth Addition. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the advisory planning commission for its consideration and recommendation. BACKGROUND/HISTORY The 4,000 SF office building on Lot 2, Block 1, Bicentennial 4th Addition was built in 1981 and has operated as such since that time. Lot 1, adjacent to the east, was also developed with an office building. The two properties share a private parking and access agreement. Planning Report — Kashevatsky building expansion October 27, 2009 Page 2 EXISTING CONDITIONS As mentioned previously, the office use has operated at the subject site for over 25 years. Current tenants include an adult daycare business and the offices of a limousine/transportation business. The vehicle based businesses are owned by the building owner. SURROUNDING USES The existing facility is located between two office buildings to the east and west, south of an auto service use and north of a hotel, all of which are zoned Planned Development and guided Special Area. EVALUATION OF REQUEST Compatibility with Surrounding Area — This Special Area provides a mix of office, retail and service uses. The vehicle based businesses are part of the existing operations at the site. While the expansion of the building for a garage alters the use of the office building, it will remove these vehicles from being visible on the surface parking lot. Proposal — The applicant is proposing this PD Amendment for an addition to the existing office facility. "The proposed addition will be a benefit to the neighboring property uses since it will replace on -grade parking with enclosed parking to house the personal transportation company's vehicles." The applicant also states: "...many other potential future users of the existing building ...are possible. These could include small contractor's office with interior business vehicle and materials storage, sales or manufacture's representative's office with sample storage, auto accessory installation, any office function with a small vehicle fleet and with remodeling could be turned into child or adult daycare." Typically, storage of goods of this scale, whether indoors or outdoors is more typical for an industrial district or use. City policymakers shall determine if this building addition, to suit the needs of this use, is appropriate for the area. Bulk Standards Setbacks — The existing building was constructed with a 10 foot side yard setback, consistent with code requirements. The proposed addition would be consistent with the existing conditions. Building Coverage — The proposed building coverage meets the code requirement of 20%. Green Space — The proposed green space is 39% and exceeds the code requirement of 30%. /Sp Planning Report — Kashevatsky building expansion October 27, 2009 Page 3 Building Elevations/Architecture — According to the applicant, "The proposed addition will be built of a raked precast concrete panel which will be painted to match the existing painted panels." Due to the size of the addition (square footage and overall size of the building) the ordinance allows the materials to match existing instead of meet the new material requirements. Parking — The existing building (4,100 SF) requires 22 parking stalls and 49 stalls exist; however approximately half of these stalls do not meet the current size requirements (10 x 19) as some stalls are only 8 x 15 in size. The applicant should revise the Site Plan and restripe the stalls at a minimum of 9 x 19. The 9 -foot width is often approved for office parking lots and is an improvement over the existing non -conformity. The applicant proposes an addition (3,300 SF) to provide enclosed parking spaces for buses, limousines and vans, which are larger than a standard parking stall size. The proposed floor plan identifies parking for 8 of these vehicles and reduces the surface parking to 31 stalls. If the garage space were to be converted to office space at some point in the future, 40 parking stalls would be required based upon (7,400 SF). The proposed design would not allow for adequate parking if the addition were to be fully converted to office space. Therefore, to meet parking code requirements and maintain compliance with the private parking agreement, the garage space could not be converted to office space. Building Existing Stalls Proposed Stalls Required Stalls 4,100 SF (existing) 49 22 7,400 SF (+3,300 garage) 31 surface + 8 enclosed 7,400 SF (all office) 31 40 Landscaping — The landscape plan is acceptable. Mechanical Equipment — Mechanical equipment is not identified on the plans. Any mechanical equipment shall be screened to meet current code requirements. Trash Enclosure — City code requires the enclosure be attached to the principal building. The applicant proposes to attach the trash enclosure to meet code requirements with a rockface concrete masonry unit. SUMMARY/CONCLUSION The applicant is requesting approval of a Planned Development Amendment to allow for an addition onto an office building that has existed since the early 1980's. The proposed amendment will result in a garage enclosure of buses, limousines and vans, which are currently parked in the parking lot. The proposed addition will match the existing building in color and material. An attached trash enclosure is also proposed. )5( Planning Report — Kashevatsky building expansion October 27, 2009 Page 4 Due to the size of the proposed addition and existing site conditions, the addition could not be converted to office space and meet city parking requirements or maintain compliance with the private parking agreement. City Policymakers shall determine if the proposed addition is suitable for the area and the proposed use. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow a 3,300 SF garage addition on property located at 3445 Washington Drive, legally described as Lot 2, Block 1, Bicentennial Fourth Addition. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. This Amendment is intended to supplement and amend the existing Planned Development Agreement. All other conditions and provisions of the existing Planned Development Agreement shall remain in full force and effect. 3. Updated building facades shall be constructed per the submitted elevation plan dated September 16, 2009 and shall include garage doors painted to match the color of the building. 4. Landscaping shall be installed (as shown on the plan dated September 16, 2009) no later than September 15, 2010. . The parking lot shall be restriped to have the stalls no less than 9 x 19 in size, no later than September 15, 2010. 15d 7 Location Map Eagan Boundary Right-of-way Parcel Area Park Area Building Footprint 111°‘c,..,41);:io -PALS* NO* 1000 0 n 1000 Development/Developer: Kashevatsky Application: Planned Development Amendment Case No.: 16 -PA -11-09-09 City of EaQeu 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. i 2000 Feet W* E Current Zoning and Comprehensive Guide Plan Kashevatsky Land Use Map Planned Development Amendment 16 -PA -11-09-09 Comprehensive Guide Plan Land Use Map Current Land Use Designation: SA Special Area 600 1200 Foot City of Evan Parcel base map lefermatlon provlidad by Daknh County Land Survey Department Deembor 2005. /i`\\%f Zoning inMrmation ma(ntalned by City Shfl • THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. a d L ` PD a ''y -.. Zoning Map ooh a�.`. ° Y p' PD o 7 M:srte' . fZ21 4 r Location COUNTY R0,40 110.21 (YANKEE DOODLE ROA( Current Zoning: - loss , r wJ) 't- PD Planned Development : .. 0:, 7 ....., _______, s ® Firm! Le 1 ""a ACD , ---. ,11 w. .10 gz rarlp 0,,, .1 r, i.,,,-.04;,,,LIpy ro iii 1 ,i.„, Iv 4 600 0 600 1000 Feet f t=kit,' \ .f f 5i r Comprehensive Guide Plan Land Use Map Current Land Use Designation: SA Special Area 600 1200 Foot City of Evan Parcel base map lefermatlon provlidad by Daknh County Land Survey Department Deembor 2005. /i`\\%f Zoning inMrmation ma(ntalned by City Shfl • THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. rri C') r11 rri C7 C/3 171 4-0 N 0-1 D Cr7 n I3 t ! S A rn m rn CD rr1 -a 1VIiR 1 11S u10 FLOOR PLAN DD02 Kashevatsky Building Addition MM~ Eagan. MN REVISIONS: Lr cors PUCTI rs� DISVIEST MIN 311E0 SLOE 5011 APPLE Wye( 1101S51241.7.4•11,0Z CMGS wllial t ELEVATION —7 •tRTTiCRIST co 0 0 00 • : E.. 0 cs, o oc HOZ 9 d3S 030338 0 0) 03 r - ELEVATIONS GD z Fc ; hill iii011 ii ii fi I i i E 2. ; CID I g CID . 4 rn = g ; E-!Ikkna eacc/naked magi panels Ekaka9 adalliee .7Elec., caked came. awl panel, repainted ______ dil$: ---=-- - F 1, 1 1 .411.1411--- 11111:11:1— 1 • I I I 2 , 1 ; I - : 1 t E f a ' 1 i 1 ; . t . .1 1 I 1 i I . • / I ... I __------_,_. 1 7 g Ir 7, d E 1 I 1 1 E .1._ L.1—.1 • i 1 r ilD • m E.: 1 1. (. 0DD \ I o 1 N MIIIIIIIIIIIIf 1 . izi, 1 111111111111 I F. Ell L 1 E 2 0 ! g MOM I - 0 i D x Z E i 1 1 a 1 o - f E I T r i g o 1 F 61 i a t I 11 i - F 2 1 1 1 2 E 1 1 E. g 1. I 0.11:01 *pop 1.1000 IniMil f 1 a r 11 1 i F E i DD03 F Kashevatsky Building Addition 1,14S Viestinglot 1).• Ea., MN REVISIONS: 41. Li' Magi COSMO WEST WIN illffT =TIM APPLE Mt& S%11 -71N Cteritrag oa...momcrs. des 03AI333 LANDSCAPE PLAN LA1 Kashevatsky Building Addition shInglanEagan. 0 �mmm mu tx O w SYMBOL' QUANT. BOTANICAL NAME COMMON NAME ROOT NOTES PN 5 Pinus nigra Austrian Pine I 8' 888 I CONIFEROUS TREES• >5 DECIDUOUS TREES SYMBOL OUANT.I BOTANICAL NAME COMMON NAME IROOT I NOTES 1 N OUANT:1 BOTANICAL NAME 1 COMMON NAME 1 _ ROOT 1 NOTES ym b z� X Tilia americana 'Redmond' Amerlancier z grandillora'Autumn Brilliance' Redmond Linden4" B&B Autumn Brilliance Senicebeny 1 8' 138.15 To match existing 'Mitigation tree IOed on plan Clump form RLA /4°114,141 04 41,1 ..,..55,24-,5 ‘11.44.13 September 29, 2009 RECEIVED SEP 3 0 2009 Kashevatsky Building Addition — Planned Development Amendment Project Narrative This Planned Development Amendment for the Kashevatsky Building at 3445 Washington Drive is for the proposed addition to the existing two-story building. The building is currently occupied by office tenants, an adult daycare business and the offices of a limousine / transportation business, the last two businesses owned by the building owner. The proposed addition will provide enclosed parking for the bus, limousine and vans of the transportation business. This project is scheduled to begin construction in mid November and complete by the end of January, 2010. The proposed addition will be built of a raked precast concrete panel which will be painted to match the existing painted panels. There are four full height vertical window bands spread along all three sides of the addition's exterior to match the existing building. In addition, there will be prefinished metal panels above each overhead door repeating the upper level panels of the existing main entry. While the painted precast exterior does not meet the material standards for a new building, the addition is under 10,000 square feet and doesn't double the existing building size. Therefore the ordinance allows the materials to match the existing building as provide for in this project. The property is surrounded by property zoned Planned Development with uses including hotel, restaurant, office, automotive service, and retail. In addition, there is a section of R3 zoning containing multifamily housing approximately 400 feet to the west. The property is located within the Central Area Special Use Area on the Comprehensive Plan Land Use Map. The proposed addition will be a benefit to the neighboring property uses since it will replace on -grade parking with enclosed parking to house the personal transportation company's vehicles. The addition will be of the same construction of the existing building and will include additional landscaping and a trash enclosure further updating the current site. There will be no increase in vehicle traffic or change in impervious surface amounts. The closest neighbor to the addition is the south side of the storage lot and exterior building wall of Superior Service Center. Across parking lots on the east and west sides of the addition are office buildings. In addition to the current transportation company, many other potential future uses of the existing building and new garage addition are possible. These could include small contractor's office with interior business vehicle and materials storage, sales or manufacturer's representative's office with sample storage, auto accessory installation (radio, trim lights, etc.), any office function with a small vehicle fleet, and with a little more remodeling the garage could be turned into child or adult daycare. All of these uses are characterized by being relatively low impact, having minimal parking needs, and would fit well into this office / service neighborhood. The addition will have almost no impact on city services. There will be no increase in storm water runoff since there is no change in impervious surface. The addition will result in a very minor increase in sanitary sewer flows in winter months from snow melt from vehicles, as well as minor water and sanitary increases year round from the occasional washing of vehicles. In all cases, the existing utility connections to the city infrastructure will remain as currently sized as indicated on the utility plans. The original area was developed as a Planned Development to allow joint use of individual parking Tots and site entrances as well as providing for a multi -building campus of similar building construction. This proposed amendment maintains the building's image, provides increased landscaping and indoor parking of the Owner's vehicles while providing no negative impacts to the neighboring uses. In addition, even though exterior parking stalls are being exchanged for the indoor stalls, the total parking provided is more than adequate for a fully occupied operation of the Owner's companies and the office tenants as indicated in the site data calculations attached. Public Benefit of PD Amendment The proposed parking garage addition will provide a public benefit of higher use of land by enclosing vehicle parking within a building that is visually matching with the existing facility and of compatible construction materials with other adjacent facilities. Additionally, the project will provide upgraded landscaping and an attached trash enclosure for the current exposed dumpster. Finally, the enclosed parking stalls will reduce views of asphalt parking lot and make better use of this portion of the project site.