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01/19/2010 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING JANUARY 19, 2010 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE P I II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS P of A. Recognition of the Retirement of Lieutenant Greg Johnson from the Police Department IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) f3 A. APPROVE MINUTES i 11 B. PERSONNEL ITEMS P /g C. APPROVE Check Registers P19 D. APPROVE an Extension for the Final Plat of Valley View Plateau Plat 3 Qa� E. DIRECT Staff to Prepare an Ordinance Amendment to City Code Chapter 11 Amending the Floodplain Management Requirements P.33 F. DIRECT Staff to Prepare an Ordinance Amendment to City Code (Chapter(s) 2, 10, and 11 to conform to the current State Building and Fire Codes) Pa G. APPROVE Ordinance Amendment Regarding the Adoption of Current Chapters of the Minnesota State Building Code H. APPROVE Telecommunications Lease Agreement (TTM — Sperry Water Tower) P 919 I. AUTHORIZE Consultant Study (Updating of Municipal State Aid Needs) 1p dy J. APPROVE Updated Joint Powers Agreement— Black Dog Water Management Organization PSf9 K. APPROVE Plans and Specifications and Authorize Ad for Bids for Contract 09 -20 (Fire Safety Campus Site — Site Grading & Utilities) L. APPROVE Plans and Specifications and Authorize Ad for Bids for Contract 10 -04 (Fire Safety Campus Site — Fire Station No. 2 and Administration Building) APPROVE Amended Joint Powers Agreement (Street Markings and Maintenance) P. �a N. RECEIVE Feasibility Report for Project 1008 (Lexington Parkview — Street Overlay) and Schedule a Public Hearing (530. ADOPT Alternative Urban Areawide Review for Cedar Grove Redevelopment District V. PUBLIC HEARINGS PS�A. PROJECT 1023 - Street Overlay (Eagan Royale / Safari Estates / Safari 3rd and 0) 75 B. PROJECT 1025 - Street Overlay (Oak Cliff 4d') .95 C. PROJECT 1020 - Street Overlay (Thomas Lake Woods) P 1151. PROJECT 1024 - Street Overlay (Kennebec Drive) VI. CITY ORGANIZATIONAL BUSINESS P 133 A. ACTING MAYOR B. OFFICIAL LEGAL NEWSPAPER C. CITY COUNCIL MEETING SCHEDULE D. COUNCIL MEETING PROCEDURES E. STANDING COMMITTEE APPOINTMENTS / REPRESENTATIVE APPOINTMENTS VII. OLD BUSINESS VIII. NEW BUSINESS IX. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE X. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes D. OLD BUSINESS E. NEW BUSINESS f./q j 1. APPROVE Resolution Designating Recovery Zones in the Cedar Grove and Northeast Eagan Redevelopment Districts and Authorize submittal of an Application to the Dakota County CDA for Recovery Zone Facility Bond Authority F. EDA Organizational Business G. OTHER BUSINESS H. EXECUTIVE SESSION to consider Settlement Agreements for Acquisition of Pavlik and Sanford Properties in TI District #2 -5. I. ADJOURN XI. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. CLOSED SESSION XIV. ADJOURNMENT City of Earn fill TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 15, 2010 SUBJECT: AGENDA INFORMATION FOR JANUARY 19, 2010 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the January 19, 2010 City Council agenda, the following items are in order for consideration. Recognitions and Presentations Information Memo January 19, 2010, Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS: Recognize the retirement of Lieutenant Greg Johnson for his thirty -two years of service to the citizens of Eagan. FACTS: • Lieutenant Johnson was hired on March 1, 1978. • He held many positions within the police department including, patrol officer, sergeant, and lieutenant. • Police Chief McDonald will address the council with more detail. ATTACHMENTS: None E Agenda Information Memo January 19, 2010 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the January 5, 2010 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the January 5, 2010 regular City Council meeting are enclosed on pages through /0 . 3 MINUTES OF A REGULAR MEETING OF THE Z)Rq /' T EAGAN CITY COUNCIL Eagan, Minnesota January 5, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Hansen and Fields. Councilmember Tilley was absent. Scott Swenson, Chair of the Volunteer Executive Board, provided an update on the 150th Anniversary celebration. A regular meeting of the Eagan City Council was held on Tuesday, January 5, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen and Fields. Councilmember Tilley was absent. Also present were City Administrator Tom Hedges, City Planner Mike Ridley, Public Works Director Tom Colbert, Community Development Director Jon Hohenstein, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that the applicant withdrew New Business, item A. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye:4 Nay: 0 RECOGNITIONS AND PRESENTATIONS EAGAN'S SESQUICENTENNIAL CELEBRATION UPDATE Scott Swenson, Chair of the Volunteer Executive Board, provided an update on the 150th Anniversary celebration. 2009 PICTURE EAGAN PHOTO CONTEST WINNERS The winners of the 2009 Eagan Photo Contest were recognized. CONSENT AGENDA City Administrator recognized the retirement of Virginia Discenza. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the December 1, 2009 regular City Council meeting and the November 10, 2009 Special City Council meeting as presented. B. Personnel Items. 1. Accepted resignation (retirement) of Virginia Discenza as the Human Resources Specialist position and authorize replacement of the position 2. Accepted the resignation (retirement) of Greg Johnson, Lieutenant and authorize replacement of the position 3. Authorized hiring of Eric Tessmer, Patrol Officer 4. Approved change of the job title Engineering Secretary to Engineering Aide 5. Approved step increases for non collective bargaining employees and adopted IRS mileage rate effective January 1, 2010 for $.50 per mile 6. Accepted letter of resignation from Marlene Schuele, Clerical Tech IV in the Police Department and authorize replacement of the position I City Council Minutes January 5, 2010 Page 2 DRAFT C. It was recommended to ratify check registers dated December 10, 2009, December 17, 2009 and December 24, 2009 as presented. D. It was recommended to approve the final payment for Contract 08 -13 (Sibley Terminal Storm Drainage Improvements) in the amount of $4,586.09 to G.F. Jedlicki, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. E. It was recommended to reschedule consideration of Project 1008, (Northview Park Road /Braddock Trail/Trotters Ridge /Stafford Place — Street Improvements) to future date. F. It was recommended to accept a $3,609.11 donation from the Eagan Citizen's Crime Prevention Association (ECCPA). G. It was recommended to accept a Minnesota Department of Agriculture (MDA), Forest Protection Reserve Planning and Preparedness Grant in the amount of $89,000, to be used to implement a City program to manage and control the spread of Emerald Ash Borer, and authorize the Director of Parks and Recreation to sign the contract agreement and future related documents on behalf of the City. H. It was recommended to direct staff to initiate an Ordinance Amendment to Chapter 11, specifically as it relates to the expiration of Conditional Use Permits. I. It was recommended to approve a Final Subdivision (Eagan Fire Station No. 2) to separate approximately six acres from a 75 -acre parcel to create one four -acre lot and associated right -of -way dedication, located at the southwest corner of Yankee Doodle Road and Wescott Woodlands. J. It was recommended to direct staff to initiate Ordinance Amendments to Chapter 11, specifically as they relate to general provisions, design standards and signage. K. It was recommended to authorize staff and the City Attorney's office to proceed with the necessary land use application processes and appropriate lease negotiations for the installation of private telecommunications equipment at the Eagan Municipal Campus and at Northview Park. L. It was recommended to approve a resolution amending the 2010 payable Cedar Grove Special Service District levy to $600. M. It was recommended to accept a Grant from the State of Minnesota on behalf of the Dakota County Drug Task Force and approve a resolution authorizing execution of the agreement. N. It was recommended to approve amendments to existing telecommunication lease agreements with Verizon, Inc. for antenna upgrade installations on designated water reservoir sites and authorize the Mayor and City Clerk to execute all related documents. PUBLIC HEARINGS 2010 FEE SCHEDULE City Administrator Hedges discussed this item regarding adoption of the 2010 Fee Schedule establishing fees for various City services, supplies and materials. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion to the Council. Chief Financial Officer Pepper answered questions of the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and adopt a resolution approving the 2010 Fee Schedule Establishing fees for various City services, supplies and materials. Aye: 4 Nay: 0 PROJECT 1022, OVERHILL FARM ADDITION STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding the Overhill Farm Addition street improvements. Public Works Director Colbert gave an overview of the City's pavement management program. City Engineer Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion to the Council. 5 City Council Minutes January 5, 2010 Page 3 Councilmember Hansen moved, Councilmember Fields seconded a motion to approve Project 1022, Overhill Farm Addition (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 PROJECT 1018, GREENSBORO ADDITIONS STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding the street improvements for Greensboro Additions and the alternate removal of Hunter Lane. City Engineer Matthys gave a staff report. Mayor Maguire opened the public hearing. Tom and Laura Hood expressed their support for the street overlay and removal of Hunter Lane and requested the Council vacate the right -of -way that Hunter Lane is located on. They also questioned future connection of Wescott Hills Drive to Wescott Woodlands. Public Works Director Colbert explained the history and past discussions that limit further consideration of this possible connection. There being no further public comment, Mayor Maguire turned discussion to the Council. Councilmember Bakken discussed the removal of Hunter Lane and proposed assessment for its removal. He also suggested that a house could be constructed where Hunter Lane is currently located if neighbors agreed. A discussion was held which included the possibility of a trail being installed. It was agreed that the issue would be directed to the Finance Committee for further discussion. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve Project 1018, Greensboro Addition (Street Improvements) with the Alternate (Hunter Lane removal), and authorize the preparation of detailed plans and specs. Aye: 4 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to accept the petition for the vacation of the public right -of -way of Hunter Lane and schedule a public hearing to be held on March 2, 2010. Aye:4 Nay:0 PROJECT 1026, NORTHVIEW MEADOWS 2ND ADDITION STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Northview Meadows 2nd Addition. City Engineer Matthys gave a staff report. Mayor Maguire opened the public hearing. Bill White questioned the total cost of the project, the potential assessments and amount of interest that would be charged, the construction schedule and when an assessment hearing would be held. Public Works Director Colbert and Administrative Services Director VanOverbeke addressed Mr. White's questions. There being no further public comment, Mayor Maguire turned discussion to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and approve Project 1026, Northview Meadows 2nd Addition (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 NO City Council Minutes ®n January 5, 2010 Page 4 PROJECT 1027, PATRICK ROAD STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding Patrick Road street improvements. City Engineer Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion to the Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve Project 1027, Patrick Road (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye:4 Nay: 0 VARIANCE — 4145 OLD SIBLEY HIGHWAY — GREGORY PREUSSE City Administrator Hedges introduced this item regarding a variance to the required 40 -foot front yard setback to allow two existing sheds and a dumpster enclosure in the front yard on property located at 4145 Old Sibley Highway. City Planner Ridley gave a staff report. Gregory Preusse discussed the history of the property and the proposed variance. Ruthe Batulis, Dakota County Regional Chamber of Commerce spoke in favor of the proposed variance. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion to the Council. Councilmember Hansen proposed that the pressurized tanks be moved back inside the building. Mr. Preusse discussed the reasoning for storing the tanks outside the building. Mayor Maguire stated he would prefer to see the storage moved to a different location on.the property. Discussion was held regarding the location of the storage and possible screening alternatives. After significant discussion regarding the aesthetics, location and function, it was determined that the existing location of the accessory buildings would be acceptable. Ultimately, the Mayor and Council agreed that the facade of the enclosure and the gate should be upgraded in a manner acceptable to City staff by 07- 01 -10. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a 9 -foot front yard setback variance to allow two existing sheds and a dumpster enclosure in the front yard on property located at 4145 Old Sibley Highway, legally described as Lot 1, Block 1, Preusse 2 "d Addition subject to the following conditions. Aye: 4 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A Building Permit shall be applied for within 60 days of Variance approval for the two existing sheds and dumpster enclosure. The structures shall meet City Code requirements. 3. The two sheds shall be located per the Site Plan received November 10, 2009 and constructed and painted per the Elevation Plan received November 10, 2009. 4. The applicant shall supply the material safety data sheet and quantities list to the Fire Marshal for review and approval. 5. The applicant shall remove all outdoor storage or apply for an Interim Use Permit within 60 days of Variance approval. City Council Minutes January 5, 2010 Page 5 DRAFT 6. The applicant shall provide an exterior material on the accessory buildings that is comparable to the principal building in both durability and color, and install a gate of comparable quality on the north side of the structures no later than 07- 01 -10, to be approved by City staff. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a 15 -foot Variance to the required 20 -foot side yard setback to allow two existing sheds and a dumpster enclosure in the front yard on property legally described as Lot 1, Block 1, Preusse 2nd Addition, located at 4145 Old Sibley Highway subject to the following conditions: Aye: 4 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A Building Permit shall be applied for within 60 days of Variance approval for the two existing sheds and dumpster enclosure. The structures shall meet City Code requirements. 3. The two sheds shall be located per the Site Plan received November 10, 2009 and constructed and painted per the Elevation Plan received November 10, 2009. 4. The applicant shall supply the material safety data sheet and quantities list to the Fire Marshal for review and approval. 5. The applicant shall remove all outdoor storage or apply for an Interim Use Permit within 60 days of Variance approval. 7. The applicant shall provide an exterior material on the accessory buildings that is comparable to the principal building in both durability and color, and install a gate of comparable quality on the north side of the structures no later than 07- 01 -10, to be approved by City staff. OLD BUSINESS MEADOWLARK RIDGE HOUSING IMPROVEMENT AREA City Administrator Hedges introduced this item regarding the establishment of the Meadowlark Ridge Townhome Housing Improvement Area to finance improvements to the exterior common area and building systems. It was noted that a public hearing was held on December 15, 2009 and received background and testimony regarding the petition and the creation of the proposed district. Council directed preparation of the following documents. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an ordinance establishing the Meadowlark Ridge Housing Improvements Area. Aye: 4 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a resolution imposing fees on housing units within the Meadowlark Ridge Housing Improvement Area to finance improvements. Aye: 4 Nay:0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Development Agreement between the City and the Association. Aye: 4 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT — H1 MN INC. City Administrator Hedges introduced this item regarding a conditional use permit to allow a minor motor vehicle repair business located at 525 Diffley Road. City Planner Ridley gave a staff report. Jim Henkel, applicant, was present to answer questions. iRA City Council Minutes January 5, 2010 Page 6 Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow a minor motor vehicle repair business located at 525 Diffley Road, legally described as Lot 1, Block 1, Hawthorne Ridge, subject to the following conditions: Aye: 4 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. Updated building facades shall be constructed per the submitted elevation plan received December 1, 2009 and shall include garage doors painted to match the color of the building. 3. Overnight parking shall not exceed three customer vehicles and shall be located per the Site Plan received December 4, 2009. 4. No additional outdoor storage shall be allowed. 5. The applicant shall submit a landscape plan, acceptable to city staff, to provide screening of the service bays from Highway 3. The landscaping shall be installed no later than July 1, 2010. 6. All signage is subject to City Code requirements. CONDITIONAL USE PERMIT — CLEARWIRE City Administrator Hedges introduced this item regarding a Conditional Use Permit to permit construction of a 150' communications monopole on property located at 1010 Aldrin Drive. A Clearwire representative was present to answer questions. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to permit construction of a 150' communications monopole on property located at 1010 Aldrin Drive, legally described as Lot 1, Block 1, Eagandale Corporate Center No. 5, subject to the following conditions: Aye:4 Nay:0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. As required by City Code, the 150 -foot monopole antenna tower shall accommodate the applicant's antennae and at least two additional comparable communication providers. The monopole shall also accept antennae mounted at varying heights; and allow the future rearrangement of antennae upon the tower. 3. The tower and accessory equipment building shall comply with the general standards outlined in City Code Section 11.70, Subdivision 26 -G. 4. The equipment cabinet shall be finished in a tan or brown color to match the principal building. 5. The lease area shall be secured with a security fence as shown on the Site Plan dated December 1, 2009. 6. The monopole tower shall be painted light blue. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE The meeting was recessed at 10:00 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 10:05 p.m. There were no items requiring action. ADMINISTRATIVE AGENDA VISITORS TO BE HEARD C! City Council Minutes DR AFT January 5, 2010 Page 7 There were no visitors who wished to be heard. ADJOURNMENT Councilmember Hansen moved, Councilmember Bakken seconded a motion to adjourn the meeting at 10:05 p.m. Aye: 4 Nay: 0 Date JD Administrative Secretary / Deputy Clerk Agenda Information Memo January 19, 2010 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Revision to Drug/Alcohol Free Workplace Policy, Sec 32 of the City Personnel Policy ACTION TO BE CONSIDERED: Approve the revisions to the policy. FACTS: The new policy revisions specifically address the following items: 1. Testing Protocol: The policy revisions specifically delineate the testing protocol, in terms of when the City would test and in some cases; re -test an employee to determine potential drug and/or alcohol levels. 2 Expectations of supervisors and employees: The additional language clarifies the expectation of the supervisor and the employee to follow specific time frames as it relates to; 1) directing the employee to report to the testing center 2) the employee reporting to the testing center in a timely manner. 3 Consequences of policy violation or positive test results: The language also describes potential consequences for the employee based on the test results and/or other potential infractions to the policy. ATTACHMENTS: • Enclosed on pages /O' through I7 is a copy of the revised Drug/Alcohol Free Workplace Policy. SECTION THIRTY -TWO DRUG /ALCOHOL FREE WORKPLACE POLICY 32.1 Introduction The City of Eagan recognizes that alcoholism and other drug dependencies are significant social problems with potential for causing severe effects to the City's workforce. The City recognizes that such drug dependency may be an illness. Consistent with this understanding, however, the City has an obligation to insure that its employees perform their jobs efficiently, safely and in a professional business like manner. The purpose of this document is to set forth the City's policy regarding alcohol and other drug use in the workplace. 32.2 Scope of coverage This policy is applicable to all employees of the City of Eagan. Questions regarding this policy should be addressed to the Director of Human Resources. 32.3 Definitions 32.3.1 "Work Related and Other Drug Abuse" is defined as the use of mood altering drugs, including all forms of alcohol, narcotics, depressants, stimulants, hallucinogens, marijuana or the use of prescription drugs when resulting behavior or appearance adversely affects work performance. 32.3.2 "Adversely Affects Work Performance" and "Under the Influence" shall be determined to be present if the employee is perceptibly impaired; has impaired alertness, coordination, reactions, responses or effort; if the employee's condition threatens the safety of him/herself or others; or if the employee's condition or behavior presents the appearance of unprofessional or irresponsible conduct detrimental to the public's perception of the City as an employer as determined by the supervisor, division head, department head or others observing the employee. 32.3.3 "Controlled Substances" means those substances whose distribution is controlled by regulation or statute including, but not limited to narcotics, depressants, stimulants, hallucinogens and cannabis. Controlled substances are further defined as those /a substances as listed in schedules I - V of Section 202 of the Controlled Substances Act. 32.3.4 "Mood Altering" or "Alter" means changed behavior which may limit an employee's ability to safely and efficiently perform his/her job duties or poses a threat to the safety of the employee or others. 32.3.5.1 "Employee" means a person who performs services for compensation, in whatever form, for the City. For purposes of this drug /alcohol free workplace policy, "employee" shall also mean a volunteer who provides services to the City for no or nominal compensation. 32.3.5.2 "Reasonable suspicion" means a basis for forming a belief based on specific facts and rational inferences drawn from those facts. 32.4 Testing: 32.4.1 Drug and alcohol testing shall occur pre - employment, for applicants conditionally offered employment for certain positions, as determined by the City; based upon reasonable suspicion; and randomly per DOT regulations and per department policy. 32.4.2 An emnlovee will be required to undergo drug and alcohol testin based upon reasonable suspicion that an employee is under the influence of drugs or alcohol; has violated the City's rules prohibiting the use, possession, sale, or transfer of drugs or alcohol while the employee is working or while the employee is on the City's premises or operating the City's vehicle, machinery or equipment or as authorized by Minn. Stat. & 176.011 subd. 16, 32.4.3 Random testing will occur per DOT regulations and per Police Department policy. 32.4.4 Emplovees are reauired to immediatelv report for testin Immediately reporting means supervisors will not delay in directing their employee to report to the designated clinic upon being notified by Human Resources. Employees will report to the designated clinic within 30 minutes of being directed to report, unless deemed unrealistic by the Human Resources Manager or designee. /3 32.4.5 If the employee refuses to submit to a test or re -test, the response will be considered insubordination and may result in a withdrawal of a conditional employment offer, or further discipline, up to and including termination. 32.5 Test Results: 32.5.1 The City will withdraw a conditional job offer made to an gpplicant that receives a positive test result on a confirmatory test. 32.5.2 If the test result is positive, the employee shall be immediately removed from work and placed on leave. Except as set forth below, a positive test result on a confirmatory test ma_y result in discipline, including possible discharge. 32.5.3 On a first positive confirmatory test, on a random test, the employee shall be placed on leave without pay until evaluated by a substance abuse professional. The employee shall not be discharged if the employee participates and completes the recommended counseling and rehabilitation. However, an employee who refuses to participate in the counseling or rehabilitation program, fails to complete the counseling or rehabilitation program or who tests positive on a second test, shall have no protection against discharge. 32.5.4 If a test result is reported by the Medical Review Officer as a "Negative Dilute" the City shall direct all employees with such a result to report immediately to be re- tested regardless if collected under rp a employment testing, reasonable suspicion or randomly_ 32.6 City of Eagan Employee Assistance Program The City of Eagan has in place a formal employee assistance program to assist employees in addressing problems such as alcohol or other drug abuse. Employees who may have an alcohol or other drug abuse problem are encouraged to seek a professional assessment from the employee assistance program before the problem affects their employment status. Participation in this program is voluntary and confidential. 32.7 Non - Discrimination Iq The City's policy on work related substance abuse is non - discriminatory in intent and application. However, in accordance with Minnesota Statutes, Chapter 363, disability does not include any condition resulting from alcohol or other drug abuse which prevents a person from performing essential functions of a job or creates a direct threat to property or the safety of individuals. 32.8 Consequence of Violations Violations of this policy will constitute sufficient cause for discipline including possible discharge, depending upon the violation. Each situation will be evaluated on a case by case basis depending upon the severity or circumstances involved. 32.9 Prohibitions/Requirements 32.9.1 No employee shall report to work under the influence of alcohol, controlled substances or other drugs which affect his/her alertness, reaction, response, judgment, decision making or safety. 32.9.2 No employee shall operate, use or drive any equipment, machinery or vehicle of the City or any personal vehicle while on City business while under the influence of alcohol, controlled substances, or other mood altering drugs. Such employee is under an affirmative duty to immediately notify his /her supervisor that he /she is not in appropriate mental or physical condition to operate, use or drive City equipment or his/her personal vehicle while on City business. 32.9.3 During work hours, while on the City's premises or wherever the City's work is being performed, no employee shall use, sell, possess, manufacture or transfer any illegal drug, or any prescription drug (except as medically prescribed and directed). Additionally, employees shall not participate in these activities during rest breaks or during overtime work. 32.9.4 During work hours or while on the City's premises, no employee shall use, sell, possess or transfer alcoholic beverages, with the following exception: possession of alcohol while in an employee's personal vehicle on the City's premises in compliance with applicable statutory requirements. Additionally, employees shall is not participate in these activities during rest breaks or during overtime work. 32.9.5 Engaging in off -duty sale, transfer, use or possession of illegal drugs or controlled substances may have a negative effect on an employee's ability to perform his/her work for the City. In such circumstances, the employee is subject to discipline, up to and including discharge. 32.9.6 When an employee is taking medically authorized drugs or other substances which may alter job performance, as defined in 32.3.4 above, the employee is under an affirmative duty to notify the appropriate supervisor of his/her temporary inability to perform the job duties of his/her position. 32.9.7 Supervisors shall notify the appropriate law enforcement agency when they have reasonable suspicion to believe that an employee may have illegal drugs in his/her possession at work or on City premises. 32.9.8 An employee who has been convicted (including a plea of nolo contendere) of violating any state or federal criminal drug law by an action committed in the workplace must notify the employer within five days of said conviction. Failure to notify the employer of said conviction will result in immediate discharge. a. The City of Eagan will notify any federal funding agency within ten days after receiving notice of an employee's conviction with respect to a drug law violation occurring in the workplace if that employee is directly involved in working on a project covered by a federal grant or on a contract covered by federal funding. b. Within 30 days of receiving notice of such a conviction involving a drug law violation occurring within the workplace the City of Eagan will either: (1) Discipline the convicted employee, or (2) Require him/her to complete a government- approved drug rehabilitation program. (3) If such employee either refuses to complete or fails to complete such a government- approved drug /6 32.10 32.11 32.12 32.13 rehabilitation program, that employee will be immediately dismissed. Supplemental Policies The City may promulgate supplemental policies, which are not in conflict with this policy, including prohibiting the use or consumption of alcohol and/or controlled substances within a specified time period before the commencement of work. Such pre -work abstinence must be restricted to employees involved in sensitive security, treatment, or equipment operation and written notice must disseminated to affected employees. Data Disclosure Disclosure of information regarding employee alcohol and other drug use in the workplace must be consistent applicable law. Questions in this area should be directed to the Director of Human Resources. Drug /Alcohol Free Awareness Program The City shall establish an informational drug /alcohol free awareness program for all employees. This program will communicate to employees: 32.12.1 The City of Eagan's policy of maintaining a drug /alcohol free workplace; 32.12.2 The dangers of workplace drug/alcohol abuse; 32.12.3 The penalties the employer will impose for drug /alcohol violations; and 32.12.4 Information about the employee assistance program. Employee Notification of City of Eagan's Drug /Alcohol Free Workplace Policy 32.13.1 The City of Eagan will provide a copy of this policy to every employee currently employed by the City of Eagan. 32.13.2 Every new employee of the City of Eagan will receive a copy of this policy with their formal orientation materials. 17 Agenda Information Memo January 19, 2010 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated December 23, 2009, December 30, 2009 and January 7, 2010 as presented. ATTACHMENTS: • Check registers dated December 3, 2009, December 30, 2009 and January 7, 2010 are enclosed without page number. 1414i Agenda Information Memo January 19, 2010, Eagan City Council Meeting D. EXTENSION FOR RECORDING FINAL PLAT — (VALLEY VIEW PLATEAU PLAT 3) ACTION TO BE CONSIDERED: To approve a 240 -day extension of time to record the final plat for Valley View Plateau Plat 3, located at 1469 and 1467 Highview Avenue. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the final plat on July 21, 2009. ➢ A four month extension was granted on September 15, 2009. ➢ The requested 240 -day extension would allow until September 21, 2010, for the plat to be recorded. ➢ This extension request is due to difficulties in obtaining consent forms from the lien holders on Lot 4, Block 3. Also, payment of the 2nd half of 2010 taxes for that property cannot occur until after September 2010. Please see attached letter from the applicant's Attorney. ATTACHMENTS (2): Location Map, pagqC,) Letter from Applicant's Attorney, pagea- /7 a, �: a y i� �_ � .. MacMillan, Wallace, Athanases & Patera, P.A. 9220 BASS LAKE ROAD, SUITE 355 MINNEAPOLIS, MINNESOTA 55428 TELEPHONE (763) 559 -9553 FACSIMILE (763) 559 -1064 January 4, 2010 City of Eagan Planning Department Attention: Sarah Thomas 3830 Pilot Knob Road Eagan, MN 55122 RE: Final Plat Valley View Plateau Plat 3 Our File No. 1299 -5 Dear Ms. Thomas: ATTORNEYS AT LAW PETER A. MACMILLAN MICHELE R. WALLACE JENNIFER L. ATHANASES MICHAEL J.PATERA 'JAN 07 2010 The purpose of this correspondence is to request an additional 240 day extension for the filing of the final plat in the above -named matter. We are requesting this additional extension in order to obtain the Consent to Plats from the lien holders on Lot 4, Block 3, Valley View Plateau, the lot owned by Sandra Marsyla. Her mortgage company previously requested a Partial Satisfaction of Mortgage from the lien holder on Lot 5, Block 3, Valley View Plateau, and this Partial Satisfaction has been obtained and recorded. We are now just awaiting the Consent forms. We also have received and recorded the Quit Claim Deeds from the owners of the Highview Country Club Addition per the request of the Dakota County Surveyor. However, it is our understanding that the plat cannot be recorded unless the property taxes for 2010 are paid in full. Sandra Marsyla the owner of Lot 4, Block 3, is unable to pay these more than one month in advance of their due date. Therefore, she will not be able to pay the 2 "d half taxes until September of 2010 and therefore, we will not be able to file the final plat until that time. I have enclosed a check for $75.00 to cover the charge for the extension that we request that you grant. Thank you. JLA:blp Enclosure cc: John and Pat Kenny Sincerely, MacMILLAN, WALLACE, ATHANASES & PATE P.A. Jennifer L. Athanases jathanases @mwap.us d91 Agenda Information Memo January 19, 2010, Eagan City Council Meeting E. FLOODPLAIN MANAGEMENT ORDINANCE AMENDMENT PREPARATION — CITY OF EAGAN ACTION TO BE CONSIDERED: To Direct staff to prepare an amendment to City Code Chapter 11, floodplain management ordinance, adopting new FEMA Flood Rate Insurance Maps and National Flood Insurance Program requirements. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City of Eagan is a participant in the National Flood Insurance Program (NFIP) which allows Eagan residents to become eligible under this program. ➢ FEMA establishes Flood Insurance Rate Maps (FIRM) that provide a Base Flood Area determination and specific locations of flood hazard areas within Eagan. FEMA in coordination with Dakota County have completed an update of these maps for the county and they will become effective on June 18, 2010. ➢ Prior to the effective date, the City must comply with certain amended requirements under Section 1361 of the National Flood Insurance Act of 1968. Failure to comply with these regulations may mean discontinued eligibility in the NFIP. ➢ While we do not anticipate significant changes to the identified flood hazard areas within the City of Eagan, the State DNR staff have provided a model ordinance for the City of Eagan to use that meets the national requirements and have offered to review the ordinance prior to adoption by the City. ➢ The revised FIRMS indicate no significant changes to the base flood elevation or hazard areas with the city. The Special Flood Hazard Area will continue to be limited to the area west of Hwy 13, toward the Minnesota River Valley. ATTACHMENTS (none): Few. Agenda Information Memo January 19, 2010 Eagan City Council Meeting F. MINNESOTA STATE BUILDING AND FIRE CODES ACTION TO BE CONSIDERED: Direct staff to prepare an ordinance amendment to City Code Chapters 2, 10, 11 to reflect the current State Building and Fire Codes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ Numerous City Code Sections contain incorrect references to outdated State Codes. ATTACHMENTS: • None. 2 Agenda Information Memo January 19, 2010 Eagan City Council Meeting G. MINNESOTA STATE BUILDING AND FIRE CODES ACTION TO BE CONSIDERED: Approve Ordinance Amendment regarding Building Code Adoption. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ It is necessary to amend the Eagan City Code to reference the current MN State Building and Fire Codes. ATTACHMENTS: • Attached on pageP6 through Q-1e is the proposed ordinance amendment. ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER FOUR, ENTITLED "CONSTRUCTION LICENSING, PERMITS AND REGULATION" BY AMENDING SECTION 4.01 REGARDING BUILDING CODE ADOPTION; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 4.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Four is hereby amended by changing Section 4.01 to read as follows: Sec. 4.01. Building code adopted. The Minnesota State Building Code (SBC) (20072008), and any amendments thereto established and adopted from time to time by the Minnesota Commissioner of Labor and Industry, including the following chapters of Minnesota Rules, is hereby adopted by reference as though set forth verbatim herein: A. 1300 "Administration of the State Building Code Administration; B. 1301 Building Official Certification; C. 1302 State Building ing Construction Approvals; D. 1303 Minnesota Special Provisions of the State Building Code; E. 1305 Adoption of the International Building Code; F. 1307 Elevators and Related Devices; G. 1309 Adoption of the International Residential Code; H. 1311, Adoption of the 2000 Guidelines for Rehabilitation of Existing Buildings; I. 1315 Adoption of the 2002 2008 National Electrical Code; J. 1322 Residential Energy K. 1323 Commercial Energy Code; JL. 1325 Solar Energy Systems; K. 1330 Falletit Shehef-s-, LM. 1341 Minnesota Accessibility Code MN. 1346 Adoption of the Minnesota Mechanical and Fuel Gas Code as revised 2nnn; NO. 1350 Manufactured Homes; OP. 1360 Prefabricated Buildings; Qs- P(Q. 1361 Industrialized /Modular Buildings; QR. 1370 Storm Shelters (Manufactured Home Parks); RS. 4715 Minnesota Plumbing �C�o�dpe;� �� S. 7670, 7 7674, 7-�d tl:78, MimesetaEnergy-E6t� T. 1335 Flood Pr —oe€i ng Floodproofng Regulations_ The etiffent edition of Minnesota State Fire Code, are hereby adopted by r-efefenee as though set. f i4h ver -b4if her-ei The current edition of Minnesota State Fire Code, and any amendments thereto established and adopted from time to time by the Minnesota Commissioner of Public Safety is hereby adopted by reference as though set forth verbatim herein. One copy of said codes shall be marked CITY OF EAGAN- OFFICIAL COPY and kept on file in the protective inspections department and open to inspection and use by the public. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 4.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: Maria Petersen Its: City Clerk Date Ordinance Adopted: CITY OF EAGAN City Council By: Mike Maguire Its: Mayor Date Ordinance Published in the Legal Newspaper: 2 wit Agenda Information Memo January 19, 2010 Eagan City Council Meeting H. TELECOMMUNICATIONS LEASE AGREEMENT — SPERRY TOWER ACTION TO BE CONSIDERED: Approve the telecommunications lease agreement with TTM Operating Corporation, Inc. for the Sperry Tower and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City has received an application from TTM Operating Corporation, Inc for the installation of an equipment building/cabinet at the Sperry Water Tower. A standard lease agreement has been prepared for the leasing of 36 square feet of ground space for related cables and support equipment in accordance with the 2010 Fee Schedule. • The application and lease agreement has been reviewed by the City Attorney's Office and Public Works Department, signed by the applicant, and found to be in order for favorable Council consideration. l Agenda Information Memo January 19, 2009 Eagan City Council Meeting I. MUNICIPAL STATE AID NEEDS CONSULTANT STUDY ACTION TO BE CONSIDERED: Authorize the preparation of a Municipal State Aid System Needs Analysis by Bolton & Menk, Inc., at a cost not to exceed the amount of $18,000.00. 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. 47.65 miles). • The apportionment of the gas tax money to eligible cities, coordinated by the Minnesota Department of Transportation (MnDOT), 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 requires cities to determine the future construction needs of their designated State Aid roadway system in order to calculate the annual apportionment available for use in the construction of streets in the State Aid roadway system. • Annually, City staff update the construction needs of the State Aid eligible streets, incorporating upgrades completed as part of public improvements and revisions based upon system modifications. The annual needs reports are reviewed and accepted, as appropriate, by MnDOT. • Current State Aid design standards are the criteria used as the guidelines for determination of future MSA roadway needs and the resulting appropriation of the construction needs funding. With in excess of 40 years of MSA needs reporting experience, Bolton & Menk, Inc. believes they can provide a review of the City of Eagan's MSA system that will provide recommendations that will result in increased annual apportionments. • No -payment will be made to the consultant if it is determined that the annual State Aid apportionment will not be increased in the subsequent year's allocation to cover the consultant's fee. .93 Agenda Information Memo January 19, 2009 Eagan City Council Meeting J. BLACK DOG WATERSHED MANAGEMENT ORGANIZATION JOINT POWERS AGREEMENT ACTION TO BE CONSIDERED: Approve the 4 -City Joint Powers Agreement for the Black Dog Watershed Management Organization and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Since June, 1985, the City of Eagan has participated in a Joint Powers Agreement (JPA) with Apple Valley, Burnsville, Lakeville and Savage establishing and empowering the Black Dog Watershed Management Organization ( BDWMO), located in northwestern Dakota County and a portion of northeastern Scott County. Surface water in the BDWMO ultimately discharges to the Minnesota River. Less than 1% of the BDWMO exists within the boundaries of Eagan. • The most significant change to the agreement is the deletion of Savage and the associated boundary revision. Savage has requested to become part of the Scott County Watershed Management Organization. Less than 1% of the BDWMO existed within the boundaries of Savage. • The boundary revision has also incorporated a modification of the BDWMO boundary within the City of Eagan. The boundary revision within Eagan corresponds with the Dakota County Treasurer/ Auditor's tax data for the parcels subject to the updated boundary and corresponds to the existing topography within Eagan. The boundary revision will require a revision to the Gun Club Lake Watershed Management Organization boundary. • A copy of the 2010 JPA and the revised boundary are now being presented to the City Council for their consideration of approval. They have been reviewed by Engineering staff and the JPA has been found to be in order for favorable consideration. ATTACHMENTS: � �q • Joint Powers Agreeme age throu gh • BDWMO Map, page 4� �I 2010 REVISED AND RESTATED JOINT POWERS AGREEMENT FOR THE BLACK DOG WATERSHED MANAGEMENT ORGANIZATION 2010 REVISED AND RESTATED JOINT POWERS AGREEMENT FOR THE BLACK DOG WATERSHED MANAGEMENT ORGANIZATION The parties to this Agreement are cities which have land in the Black Dog Watershed. This,Agreement is made pursuant to the authority conferred upon the parties by Minn. Stat. §§ 471.59 and 103B.201, et. seg. 1. NAME. The parties hereby create and establish the Black Dog Watershed Management Organization. 2. GENERAL PURPOSE. The purpose of this Agreement is to provide an organization to regulate the natural water storage and retention of the Black Dog watershed to (a) protect, preserve, and use natural surface and ground water storage and retention systems; (b) minimize public capital expenditures needed to correct flooding and water quality problems; (c) identify and plan for means to effectively protect and improve surface and ground water quality; (d) establish more uniform local policies and official controls for surface and ground water management; (e) prevent erosion of soil into surface water systems; (f) promote ground water recharge; (g) protect and enhance fish and wildlife habitat and water recreational facilities; and (h) secure the other benefits associated with the proper management of surface and ground water. 14898004 51 2 RNK:r 12/ 17/2009 3. DEFINITIONS. Subdivision 1. "Commission" means the organization created by this Agreement, the full name of which is "Black Dog Watershed Management Organization ". It shall be a public agency of its members. Subdivision 2. 'Board" means the board of commissioners of the Commission. Subdivision 3. "Council" means the governing body of a governmental unit which is a member of this Commission. Agreement. Agreement. Subdivision 4. " Govemmental Unit' means any city which is a signatory to this Subdivision 5. "Member" means a governmental unit which enters into this Subdivision 6. 'Black Dog Watershed" or "Watershed" means the area contained within a line drawn around the extremities of all terrain whose surface drainage is within the mapped areas delineated on the map filed with the Board of Water and Soil Resources pursuant to Minn. Stat. § 103B.211, Subd. 2 attached hereto as Exhibit "A ". 4. MEMBERSHIP. The membership of the Commission shall consist of the following governmental units: Group A: Group AA: [ . • G1G�G�i City of Burnsville City of Apple Valley City of Eagan City of Lakeville No change in governmental boundaries, structure, organizational status or character shall affect the eligibility of any governmental unit listed above to be represented on the Commission, so long as such governmental unit continues to exist as a separate political subdivision. 148980v04 3 RNK:r12 /17/2009 t3c-� 5. ADVISORS. Subdivision 1. The Dakota County Soil and Water Conservation District shall be requested to appoint a non - voting advisory member to the Commission. The District shall not be required to contribute funds for the operation of the Commission except as provided in Minn. Stat. § 10313.251, but may provide technical services. Subdivision 2. Citizen Advisory Committee. The Commission may establish a citizen advisory committee ( "CAC ") from the public at large to provide input on watershed management plan revisions and other matters as deemed appropriate. The CAC shall be appointed by the Commission considering individuals nominated by each member community. 6. BOARD OF COMMISSIONERS. Subdivision 1. The governing body of the Commission shall be its Board which shall consist of five (5) commissioners. The Board of Commissioners on behalf of its member communities shall comply with the notice requirements of Minn. Stat. § 103B.227. All vacancies shall be filled within ninety (90) days after they occur. Notices of all vacancies shall be published in a newspaper of general circulation in the Watershed at least fifteen (15) days before the appointment is made. For purposes of appointing commissioners, each member in Group AAshall appoint a delegate. Group AA delegates shall meet upon ten (10) days' notice at a time and place selected by the City Clerk of Apple Valley and shall appoint one commissioner.. The delegates shall select a commissioner by majority vote. Tie votes shall be broken by the flip of a coin. Voting may also take place by mailed ballot, fax, e-mail, telephone calls, or any combination of these methods. In the alternative to appointing a delegate to vote on its behalf, a city council may vote directly. The City Council of Burnsville shall appoint three (3) commissioners. The City Council of Lakeville shall appoint 1 (1) commissioner. Vacancies in 148980x04 �Z 4 RNKA2/17/2009 J office shall be filled for the remainder of the term by the governing bodies who made the appointment. Subdivision 2. The term of each commissioner shall be three (3) years and until their successors are selected and qualify. Subdivision 3. A commissioner may not be removed from the Board prior to the expiration of his or her term unless the commissioner consents in writing or unless removed in accordance with Minnesota Rule 8410.0040. Subdivision 4. Commissioners shall serve without compensation from the Commission, but this shall not prevent a governmental unit from compensating a commissioner for serving on the Board. Subdivision 5. At the first Board Meeting each year, the Board shall elect from its commissioners a chair, a vice chair, a secretary/ treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. The Commission mayadopt rules and regulations governing its meetings. Such rules and regulations may be amended from time to time at either a regular or a special meeting of the Commission provided that at least ten (10) days' prior notice of the proposed amendment has been furnished to each person to whom notice of the Board meetings is required to be sent. Subdivision 6. Each group shall appoint one alternate commissioner. The alternate commissioner shall be selected in the same manner as regular commissioners. The term of the alternates shall be three (3) years and until their successors are selected and qualify. In the absence of a regular commissioner, the alternate may vote and act in a commissioner's place. The alternate, however, shall have only one vote even if more than one regular commissioner from the group is absent. 148980v04 5 RNKA 2 /17/2009 -34 Subdivision 7. Decisions by the Commission shall require a majority vote of all commissioners except that a decision to order a capital improvement project shall require a two- thirds (2/3) favorable vote. 7. POWERS AND DUTIES OF THE COMMISSION. Subdivision 1. The Commission, acting by its Board of Commissioners: (a) Shall prepare and adopt a watershed management plan meeting -the requirements of Minn. Stat. § 10313.231; (b) Shall review and approve local water management plans as provided by Minn. Stat. § 103B.235; (c) Shall exercise the authority of a watershed district under Minn. Stat. Chapter 103D to regulate the use and development of land when one or more of the following conditions exist: (1) The local government unit exercising planning and zoning authority over the land under Minn. Stat. §§ 366.10 to 366.19, 394.21 to 394.37, or 462.351 to 462.364 does not have a local water management plan approved and adopted in accordance with requirements of § 10313.235 or has not adopted the implementation program described in the plan. (2) An application to the local governmental unit for a permit for the use and development of land, requires an amendment to, or variance from, the adopted local water management plan or implementation program of the local unit. (3) The local governmental unit has authorized the Commission to require permits for the use and development of land. (d) The Commission must publish and distribute a newsletter at least annually to watershed residents. The newsletter must explain the watershed's programs and list offices and telephone numbers. Subdivision 2. The Commission shall use the city staff of Burnsville for assistance. Burnsville may pass through the direct cost, including salary and benefits, to the Commission and the Commission shall reimburse the City. 148980vO4 6 RNKA2/K:r12 /17/2009 Subdivision 3. The Commission shall meet at least annually. Meeting notices shall be placed on a bulletin board at the Burnsville City Hall at least three (3) days before each meeting. Any office supplies the Commission needs shall be furnished by Burnsville. The direct cost for the supplies shall be billed to the Commission. Subdivision 4. The Commission may cooperate or contract with the State of Minnesota or any subdivision thereof or federal agency or private or public organization to accomplish the purposes for which it is organized. Subdivision 5. The Commission may order any governmental unit to carry out the local water management plan, including any capital improvement identified therein, which has been approved by the Board. Subdivision 6. The Commission may acquire, operate, construct and maintain only the capital improvements, if any, delineated in the watershed management plan adopted by the Board which the plan states will be constructed by the Board. Subdivision 7. The Commission may contract for or purchase such insurance as the Board deems necessary for the protection of the Commission. Subdivision 8. The Commission may establish and maintain devices for acquiring and recording hydrological and water quality data within the watershed. Subdivision 9. The Commission may enter upon lands within or without the watershed to make surveys and investigations to accomplish the purposes of the Commission. Subdivision 10. The Commission may provide any member governmental unit with technical data or any other information of which the Commission has knowledge which will assist the governmental unit in preparing local water management plans within the watershed. 14898004 7 RNK:r12 /17/2009 �% Subdivision 11. The Commission may accumulate reserve funds for the purposes herein mentioned and may invest funds of the Commission not currently needed for its operations. Subdivision 12. The Commission may collect money, subject to the provisions of this Agreement, from its members and from any other source approved by a majority of its Board. Subdivision 13. The Commission may make contracts, employ consultants, incur expenses, and make expenditures necessary and incidental to the effectuation of its purposes and powers. Subdivision 14. The Commission shall cause to be made an annual audit of the books and accounts of the Commission and shall make and file a report to its members at least once each year including the following information: (a) The financial condition of the Commission; (b) The status of all Commission projects and work within the watershed; (c) The business transacted by the Commission and other matters which affect the interests of the Commission. Copies of the report shall be transmitted to the Clerk of each member governmental unit. Subdivision 15. The Commission's books, reports, and records shall be available for and open to inspection by its members at all reasonable times. Subdivision 16. The Commission may recommend changes in this Agreement to its members. Subdivision 17. The Commission may exercise all other powers necessary and incidental to the implementation of the purposes and powers set forth herein. 14 KA 2/4 3-7 $ RNK:r12 /17/2009 Subdivision 18. Each member reserves the right to conduct separate or concurrent studies on any matter under study by the Commission. Subdivision 19. The Board may investigate on its own initiative or upon petition of any member, complaints relating to water pollution, as defined in the Commission's adopted water management plan, in the watershed. Upon a finding that the watershed is being polluted, the Board may take appropriate action to alleviate the pollution and to assist in protecting and improving the water quality of surface water in the watershed. Subdivision 20. The Board must solicit proposals for all legal, engineering, auditing, and other technical services in accordance with Minn. Stat. § 103B.227. Subdivision 21. The Board shall coordinate its planning activities with contiguous watershed management organizations and counties conducting water planning and implementation under Minn. Stat. Chapter 1038. Subdivision 22. The Board shall file an annual report with the Board of Water and Soil Resources including a financial report on administration, projects, or other expenditures. Subdivision 23. The Commission shall adopt an annual work plan. Subdivision 24. The Commission shall designate an official newspaper. 8. POWERS AND DUTIES OF THE OFFICERS OF THE BOARD OF COMMISSIONERS. Subdivision 1. It shall be the duty of the Chairperson of the Board of Commissioners to: (a) Attend and preside at meetings of the Board; (b) Assist in the preparation of meeting agendas and the annual work plan; 14898004 9 RNK:r12 /17/2009 3? (c) See that orders and resolutions of the Board are carried into effect; (d) Sign and execute documents as may be required for the Board's exercise of its powers, except in cases in which the authority to sign and execute is required by law to be exercised by another person; and (e) Such other duties applicable to the office as necessary to fulfill the powers and duties of the Board of Commissioners as set forth in the Agreement. Subdivision 2. It shall be the duty of the Vice Chairperson of the . Board of Commissioners to: (a) Perform the duties of the Chairperson in his or her absence; and (b) Perform other duties as assigned from time to time by the Board of Commissioners; Subdivision 3. It shall be the duty of the Secretary/Treasurer of the Board of Commissioners to: (a) Keep and post a true and accurate record of the proceedings of all meetings of the Commission and Board of Commissioners; (b) Keep a record of all amendments, alterations, and additions to the Joint Powers Agreement; (c) Prepare and process all correspondence as needed; (d) Prepare and file all reports and statements as required by law and this Agreement; (e) Keep all financial accounts of the Commission, and prepare and present to the Board of Commissioners a full and detailed statement of the assets and liabilities of the Commissioner's financial accounts; and (f) Perform other duties as assigned from time to time by the Board of Commissioners. 9. CONSTRUCTION OF IMPROVEMENTS. Subdivision 1. The members acknowledge that most of the needed storm water drainage system is already in place. Any additional facilities which are needed shall be 148980v04 157 1 0 RNK:r12 /17/2009 constructed by the member unit where the additional improvement is constructed, not by the Commission, unless the improvement is designated in the Board's watershed management plan for construction by the Board. Subdivision 2. Before ordering an improvement, the Board shall secure from an engineer a preliminary report advising it whether the proposed improvement is feasible and as to whether it shall best be made as proposed or in connection with some other improvement and ,the estimated cost of the improvement as recommended. The Board shall then hold a public hearing on the proposed improvement after mailed notice to the Clerk of each member governmental unit and published notice in the Board's official newspaper. The Commission shall not be required to mail notice except by notice to the Clerk. The notice shall be mailed not less than forty -five (45) days before the hearing, shall state the time and place of the hearing, the general nature of the improvement, the estimated total cost, and the estimated cost to each member governmental unit. If the Board orders the construction of an improvement, the order shall describe the improvement, shall designate the engineers to prepare plans and specifications, and shall designate who will contract for the improvement. The Board may not proceed with the project unless it receives written approval from the governing bodies of at least three (3) member governmental units approving the project. Subdivision 3. Contract for Improvements. All improvement contracts ordered by the Board shall be let in accordance with State statutory requirements. The bidding and contracting of the work shall be let by any one of the member governmental units as determined by the Board of Commissioners after compliance with the statutes. 148980vO4 11 RNKA 2 /17/2009 Z Subdivision 4. Supervision. All improvement contracts shall be supervised by the entity awarding the contract. Representatives of the Commission shall have the right to enter upon the place or places where the improvement work is in progress for the purpose of making reasonable tests and inspections. Subdivision 5. Land Acquisition. The Commission shall not have the power of eminent domain. All easements or interest in land which are necessary will be negotiated or condemned in accordance with Minn. Stat. Chapter 117 by a governmental unit or by the entity awarding the contract as directed by the Board, and each member agrees to acquire the necessary easement or right -of -way or partial or complete interest in land upon order of the Board to accomplish the purposes of this Agreement. All reasonable costs of the acquisition, including attorney's fees, shall be considered as a cost of the improvement. If a member governmental unit determines it is in the best interests of that member to acquire additional lands, in conjunction with the taking of lands for storm and surface drainage or storage, for some other purposes, the costs of the acquisition shall not be included in the improvement costs of the ordered project. 10. FINANCES. Subdivision 1. The Commission funds may be expended by the Board in accordance with this Agreement in a manner determined by the Board. The Board may designate one or more national or state bank or trust companies authorized to receive deposits of public monies to act as depositories for the Commission funds. In no event shall there be a disbursement of Commission funds without the signature of at least two (2) Board members. The treasurer shall be required to file with the Board a bond in the sum of at least $10,000 or 148980v04 1 2 RNKA 2/17/2009 41 such higher amount as shall be determined by the Board. The Commission shall pay the premium on the bond. Subdivision 2. General Fund. Each member shall contribute each year to a general fund. The annual contribution by each member shall be based fifty percent (50 %) on taxable market value and fifty percent (50 %) on the basis of area in accordance with the following formula: U 14898004 13 RNK:r12 /17/2009 /J � Annual Watershed Levy = L Taxable Market Value of a Member's Property in the Watershed = MV Taxable Market Value of All Property in the Watershed = TV Acres of Property a Member Has in the Watershed = A Total Acres in Watershed = TA Member Required Contribution = C Y2Lx MV +Y2Lx A =C TV TA Subdivision 3. On or before July 1 of each year, the Board shall adopt a budget for the ensuing year and decide upon the total amount necessary for the general fund. On or before July 1, the budget shall be sent to the Clerk of each member governmental unit, together with a statement of the proportion of the budget to be provided by each member. The Board shall, upon notice from any member received prior to August 1, consider objections to the budget. After considering the objections, the Board may amend the budget. The budget may not be adopted if the governing bodies of three (3) or more member units object to it. Subdivision 4. Capital Improvement. (a) An improvement fund shall be established for each improvement project ordered by the Commission not paid for out of the general fund. (b) Each member agrees to pay its proportionate share of the cost of the improvement in accordance with the determination of the Board as set forth herein. The Board, in its discretion, may require members to make advance payments based upon estimated costs, subject to adjustment to reflect actual costs, or may bill the members as costs are actually incurred. Members agree to pay billings within thirty (30) days of receipt. The Board or the member awarding the contract shall advise other contributing members of the tentative time schedule of the work and the estimated times when the contributions shall be necessary. 148980v04 43� 4 RNKA2 /17/2009 Subdivision 5. All capital improvement costs of improvements designated in the Board's adopted watershed management plan for construction by the Board not paid for out of the general fund shall be apportioned on the following bases: (1) The ratio of taxable market value of each member within the boundaries of the benefited area to the total taxable market value within the entire benefited area; (2) The ratio of storm water runoff produced by each member within . the boundaries of the benefited area to the total runoff of storm water produced by the entire benefited area; (3) The ratio of targeted pollutants, as identified by the Board, from a member community to the total targeted pollutants contributed by all member communities. If more than one pollutant is targeted, the percentage of the ratio given to each pollutant shall be determined by the Board. This may only be used in conjunction with projects that are intended to improve water quality; (4) Pursuant to Minn. Stat. § 103B.251. (5) A combination of the above apportionment methods; Subdivision 6. Any member governmental unit aggrieved by the determination of the Board as to the allocation of the costs of an improvement shall have thirty (30) days after the Board resolution ordering the improvement to appeal the determination. The appeal shall be in writing and shall be addressed to the Board asking for arbitration. The determination of the member's appeal shall be referred to a Board of Arbitration. The Board of Arbitration shall consist of three (3) persons: one to be appointed by the Board of Commissioners, one to be appointed by the appealing member governmental unit, and the third to be appointed by the two so selected. In the event the two persons so selected do not appoint the third person within fifteen (15) days after their appointment, then the chief judge of the District Court of Dakota County shall have jurisdiction to appoint, upon application of either or both of the two earlier selected, the third person to the Board. The third person selected shall not be a resident of any 148980v04 15 RNK:r12 /17/2009 i1/ I member governmental unit and shall be a person knowledgeable in the subject matter. The arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration shall be divided equally between the Commission and the appealing member. Arbitration shall be conducted in accordance with the Uniform Arbitration Act, Minn. Stat. Chapter 572. 11. SPECIAL ASSESSMENTS. The, Commission shall not have the power to levy special assessments. 12. DURATION. Subdivision 1. Each member agrees to be bound by the terms of this Agreement until January 1, 2020, and it may be continued thereafter upon the agreement of all the parties. Subdivision 2. This Agreement may be terminated prior to January 1, 2020, by the written agreement of a majority of the members. Subdivision 3. In addition to the manner provided in Subdivision 2 for termination, any member may petition the Board to dissolve the Agreement. Upon thirty (30) days' notice in writing to the Clerk of each member governmental unit, the Board shall hold a hearing and upon a favorable vote, the Board may by resolution recommend that the Commission be dissolved. The resolution shall be submitted to each member governmental unit and if ratified by a majority of the governing bodies of all eligible members within sixty (60) days, the Board shall dissolve the Commission following 90 days notice to Dakota County and the Minnesota Board of Water and Soil Resources, and allowing a reasonable time to complete work in progress and to dispose of personal property owned by the Commission. 13. DISSOLUTION. Upon dissolution of the Commission, all property of the Commission shall be sold and the proceeds thereof, together with monies on hand, shall be 14898004 RNKA2/:r12 /17/2009 distributed to the eligible members of the Commission. Such distribution of Commission assets shall be made in proportion to the total contribution to the Commission required by the last annual budget. 14. EFFECTIVE DATE. This revised Agreement shall be in full force and effect when all five (5) members, delineated in paragraph 4 of this Agreement, have executed this Agreement. All members need not sign the same copy. The signed Agreement shall be filed with the City Clerk of the City of Burnsville. Prior to the effective date of this revised Agreement, any signatory may rescind their approval. IN WITNESS WHEREOF, the undersigned .governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minn. Stat. § 471.59. Approved by the City Council CITY OF LAKEVILLE , 20_. BY: ATTEST: 14898004 17 RNK:r12 /17/2009 S /�/ Approved by the City Council CITY OF BURNSVILLE , 20_. BY: ATTEST: Approved by the City Council CITY OF EAGAN 20_. BY: ATTEST: Approved by the City Council CITY OF APPLE VALLEY , 20_. BY: ATTEST: 148980v04 J 1 8 q � RNK:r12 /17/2009 -- — — 10V73— - I — DO Bloomington River Eagan er . ...... . ........ Burnsville 11F Savage PW Apple Valley A W Mod 0 Lake Lk. Aw. Cola Ram L." KWh.d Haffahm Koller Lako Late C"W Lake Let LOW -------------- ----- ----- j— — ---------------- -------------------- Lake Affoy L- Lake Lk. Laks@y orchav Credit Lake River Township Lakeville 0 Black Dog VVM0 Boundary Municipal Boundary Interstate Highway EXHIBIT A to JOINT POWERS AGREEMENT BLACK DOG WMO BOUNDARY US Highway Feet December 2009 State Trunk Highway 2,000 0 2,000 4,000 6,000 8,000 County State-Aid Highway Municipal State-Aid Street BARR Meters Major River 1.000 0 1,000 2,000 3,000 Dakota County Parcel 1�1-y Agenda Information Memo January 19, 2009 Eagan City Council Meeting K. CONTRACT 09 -20, FIRE SAFETY CAMPUS SITE GRADING & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 09 -20 (Fire Safety Campus — Site Grading & Utilities) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Tuesday, March 9, 2010. FACTS: • Contract 09 -20 provides for the site grading, building pad preparation, and utility services, including sanitary sewer, water main, and storm sewer, for the Fire Safety Campus as presented in a schematic design to the City Council on August 11, 2009. • On August 11, 2009, the City Council authorized the preparation of detailed plans and specifications. • On December 28, 2009, the City formally closed on four acres of property, formerly known as Carriage Hills Golf Course, located at the southwest corner of the intersection of Yankee Doodle Road and Wescott Woodlands. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. 47 Agenda Information Memo January 19, 2009 Eagan City Council Meeting L. CONTRACT 10 -04, FIRE SAFETY CENTER FIRE STATION NO.2 & ADMINISTRATION BUILDING ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 10 -04 (Fire Safety Center — Fire Station No. 2 & Administration Building) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 4, 2010. FACTS: • Contract 10 -04 provides for the building construction of the Fire Safety Center as presented in a schematic design to the City Council on August 11, 2009. The Fire Safety Center is designed to include the current functions and operations of the existing Fire Station 2, in addition to Police support functions such as evidence storage and a field office, the City's Emergency Operations Center, Fire Administration Offices, dorms for the Volunteer Residential Firefighter Program, and a training area for Police and Fire personnel. Green Globe Certification is being sought for the new building. Some of the green features proposed include geothermal heating/cooling, a green roof, and LED or natural lighting. • On August 11, 2009, the City Council authorized the preparation of detailed plans and specifications. • On December 28, 2009, the City formally closed on four acres of property, formerly known as Carriage Hills Golf Course, located at the southwest corner of the intersection of Yankee Doodle Road and Wescott Woodlands. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. • Minnesota state law allows local agencies to choose a procurement system, termed Best Value Contracting (BVC) for up to 20% of their annual construction projects, as an alternative to the standard low -bid contracting system. The law was advocated by a coalition of labor organizations and requires two factors to be considered during the BVC procurement process: price and performance. • BVC uses the relationship between performance and price to achieve the best overall value and lowest long -term cost for government construction projects. • On March 18, 2008, the City Council adopted, as practice, the Best Value Contracting method for the procurement system of an annual maximum of 20% of the public improvement projects for the City. • The BVC method of procurement has successfully been used for four contracts in 2008 and 2009 (Contracts 08 -03, 08 -04, 09 -01, 09 -02). • The BVC method of procurement will be used for this contract, and will be advertised in the solicitation of these bids. All bids will be evaluated in an open and competitive manner. JU Agenda Information Memo January 19, 2010 Eagan City Council Meeting M. 2010 STREET MAINTENANCE JOINT POWERS AGREEMENT ACTION TO BE CONSIDERED: Approve the 12 -City Joint Powers Agreement for Street Maintenance Contractual Services and authorize the Mayor and City Clerk to execute all related documents. FACTS: For the past 25 years (1985), the City of Eagan has participated in a Joint Powers Agreement (JPA) with other local agencies to solicit competitive prices for pavement traffic marking, street sweeping, crack sealing and seal coating contractual services. The only change to this year's agreement is the deletion of Mendota Heights and the addition of Elko New Market joining the other cities of Eagan, Burnsville, Apple Valley, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Farmington, So. St. Paul and West St. Paul. • The consolidation of the administrative services and subsequent economy of scale competitive bidding has resulted in significant savings to the City of Eagan and resulted in a Certificate of Commendation from the Governor in 1995. • A copy of the 2010 JPA is now being presented to the City Council for their consideration of approval. It has been reviewed by the Superintendent of Streets/Equipment and found to be in order for favorable consideration. S� Agenda Information Memo January 19, 2009 Eagan City Council Meeting N. PROJECT 1008, LEXINGTON PARKVIEW STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1008, (Lexington Parkview - Street Improvements) and schedule a public hearing to be held on February 16, 2010. FACTS: • On June 2, 2009 the City Council directed staff to prepare a feasibility report considering the street rehabilitation of the numerous streets within the Northview Park Road/ Braddock Trail/ Trotters Ridge/ Stafford Place/ Lexington Parkview neighborhoods near Eagan High School. • As is typically accomplished by City staff one construction season prior to the scheduled street improvements, a final evaluation of the street surfaces within these neighborhoods was completed in the summer of 2009. The evaluation indicated that most of the street surfaces were sufficient to delay the proposed street overlays for one or more years, thus decreasing construction costs for the City in 2010. • It was determined that the proposed resurfacing of the streets within the Lexington Parkview neighborhood should continue as scheduled. A structural mill and overlay of these streets is programmed for 2010 in the City of Eagan's 5 -Year CIP (2010- 2014). • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, February 16, 2010. • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. ATTACHMENTS: • Draft Feasibility Report attached without page numbers Agenda Memo Eagan City Council Meeting Consent Agenda January 19, 2010 O. CEDAR GROVE REDEVELOPMENT DISTRICT — ADOPT REDEVELOPMENT AREA AUAR UPDATE ACTION TO BE CONSIDERED: To adopt an Update of the Alternative Urban Areawide Review for the Cedar Grove Redevelopment Area and authorize responses to comments. FACTS (New Information in Bold): ➢ In 2002, the City commissioned SRF to prepare an Alternative Urban Areawide Review (AUAR) of the Cedar Grove Redevelopment District. An AUAR is an environmental analysis document, sometimes used in larger, multi -use developments in lieu of an EAW/EIS process. ➢ AUARs are to be updated every five years, which in the case of Cedar Grove, corresponds to the City's decision to move forward with a revised development masterplan. ➢ The City originally authorized SRF to initiate the update to the AUAR in 2007, shortly before the downturn in the development market and economy resulted in a postponement of the area's development plans. Upon the submittal of the revised Core Area concept plan in early 2009, staff directed SRF to proceed with the update on the basis of that plan. ➢ Since that time, the consultant has updated baseline data based on development and public improvements that have occurred to date, current traffic counts, revised development densities and types, development timeline and other factors and prepared revised projections and findings for review. ➢ Under State rules, because the essential issues and mitigation were defined under the original AUAR, the update process focuses primarily on state agencies and parties who commented on the original analysis in 2002. Those parties receive specific notice of the availability of the document, but it is also published in the EQB monitor general public notice, as occurs with other environmental reviews. ➢ At its meeting of December 15, 2009, the City Council approved the Updated AUAR for distribution to the parties noted above and for publication. Notice was mailed on December 22, 2009 and published on December 28, 2009. The ten day objection period passed without any objections being submitted. A number of comments were received from various agencies. These will be reviewed with the commenting parties to determine whether additional response or clarification is required, but that may occur after formal adoption. ➢ State rules require that, unless an objection is received, the RGU shall adopt the document at its first regularly scheduled meeting held 15 or more days after distribution of document. As a consequence, the Cedar Grove 2009 AUAR Update is in order for adoption at this time. ATTACHMENTS: None ➢ Cedar Grove Redevelopment AUAR and Mitigation Plan previously distributed and available upon request. S-3 Agenda Information Memo January 19, 2010 Eagan City Council Meeting A. PROJECT 1023, EAGAN ROYALE/ SAFARI ESTATES/ and SAFARI 3 & 4 ADDITIONS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1023, Eagan Royale/ Safari Estates/ Safari 3 & 4 Additions (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past twenty years, the City has rehabilitated approximately 152 miles of local streets. • The resurfacing of the 1.3 miles of streets within the Eagan Royale/ Safari Estates/ Safari 3 & 4 neighborhoods in southwest Eagan has been programmed for 2010 in the City's 5 -Year Capital Improvement Program. • On June 2, 2009 the City Council directed staff to prepare a feasibility report considering a rehabilitation of these streets. • On December 15, 2009, the feasibility report for Project 1023 was presented to the City Council and a Public Hearing was scheduled for January 19 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on January 12 for the adjacent property owners to discuss the proposed improvements. Of the 122 total properties (121 single - family homes, 1 City water reservoir site) proposed to be assessed under this improvement, one resident representing one property attended the meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages through • Neighborhood Meeting Minutes, pagesT.through S� City of a all Report for Eagan Royale/ Safari Estates 2nd/ Safari 3 & 4 Street Revitalization City Project No. 1023 January 2010 45 401� City of Eapn Mike Maguire Mayor Paul Bakken Cyndee Fields Gary Hansen Meg Tilley Council Members Thomas Hedges City Administrator Municipal Center 3830 Pilot Knob Road Eagan, MN 55122 -1810 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD Maintenance Facility 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cityofeagan.com The Lone Oak Tree The symbol of strength and growth in our community. January 13, 2010 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Eagan Royale/ Safari Estates 2 "d/ Safari 3 Et 4 Street Revitalization City Project No. 1023 Dear Mayor and City Council: Attached is our report for the Eagan Royale /Safari Estates 2nd /Safari 3 ft 4 Street Revitalization, City Project No. 1023. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Sincerely, ohn P. Gorder Assistant City Engineer Reviewed By: Dept. of Pu lic Works Revieved QM: Finance I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the Staff of Minn ota John P. Gorder Date: 1 /3 Reg. No. 22813 5(Q Date: (° t 3 —10 Date: I A -1J TABLE OF CONTENTS Page Introduction............................................................................................. ..............................1 Scope...................................................................................................... ..............................2 Feasibility and Recommendations .......................................................... ..............................2 StreetEvaluation ......................................................................... ..............................2 ProposedImprovements ......................................................................... ..............................3 Easements /Permits ................................................................................. ..............................4 CostEstimate ......................................................................................... ..............................4 Assessments.......................................................................................... ..............................4 Assessment Financing Options ............................................................... ..............................5 RevenueSource ..................................................................................... ..............................6 ProjectSchedule ...................................................................................... ..............................6 Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street Improvement/Assessment Area Map - 3 Typical Section — Overlay S? January 2010 Eagan Royale/ Safari Estates 2nd/ Safari 3 & 4 Street Revitalization Eagan, Minnesota Introduction/ History Streets - As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The 1.3 miles of local residential streets within the Eagan Royale/ Safari Estates 2 ^d/ Safari 3 & 4 Additions located in southwest Eagan is identified for the 2010 overlay improvements. Figure 1, located in Appendix C, illustrates the project location. These single - family residential streets were constructed between 1986 and 1990. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20 years. Overlaying these roadways, which are presently at the 20 -24 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of these pavements. The City of Eagan's maintenance records indicate that these streets were seal coated various times between 1989 and 2004. The ongoing Public Works maintenance program includes extensive patching and crack sealing prior to each of the two sealcoats at approximately years 5 and 12 of the pavement life cycle. Additionally, Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of these streets under consideration, where necessary, two years prior to the street improvements considered with this project. The preparatory maintenance repairs 5 1 alone will not substantially extend the life expectancy of the street pavement if not combined with the bituminous overlay proposed with this project. The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no major repairs are necessary. Scope This project will provide resurfacing (edge mill and overlay) for approximately 1.3 miles of roadway. Figure 2 in Appendix C, illustrate the project limits. Included in this project are the following improvements; replacement of damaged curb and gutter, adjustments and /or replacement of storm sewer utility castings, water gate valves, sewer services and street signage. Feasibility and Recommendations The mill & overlay project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride ability, and add structural strength. The mill & overlay portion of the project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of this street. The mill & overlay is feasible in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2010 — 2014) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI - -- Recommended Improvement 56-100 FRoutine Maintenance /Crack Seal /Seal Coat 36 - 55 Patch /Repair and /or Overlay 35 Reconstruct 9 The 2009 PCI rankings for the street segments have a weighted average pavement condition rating of 50 for Eagan Royale/ Safari Estates 2 ^d/ Safari 3 & 4, which falls in the higher rankings of the "Patch /Repair and /or Overlay" category mostly because of the preparatory maintenance performed by City crews, as mentioned above. Therefore, based on this PCI rating, the 2010 construction season is the optimal time to construct the bituminous overlay on this street. Proposed Improvements Pavement - The proposed street improvements are shown in Figure 3. The existing street section for this residential street consists of 3" bituminous pavement supported by 6" gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter (6' -8' wide) to accommodate a 1'/2 -inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for residential streets. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb & gutter - Damaged curb & gutter and sidewalk will be replaced if severely cracked, spalled, or settled. Boulevard turf will be removed and replaced where curb replacement occurs. While the contractor who performs the work is responsible for its establishment in the first 30 days after placement, adjacent property owners are encouraged to consistently water the new turf, where possible, to help ensure its growth. Ub 3 Signage - All traffic control and street identification signage within the project limits will be replaced due to diminished reflectivity, deteriorated support posts, and the signs or posts no longer meeting City and State standards. Example of a recent street overlay project in Eagan (Burr Oak Hills, 2008) Easement/Permits All work will be in the public right -of -way. No additional easements will be necessary. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2010 construction costs and include a 5% contingency and indirect cost of 30 %, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Eagan Royale/ Safari Estates 2 ^d/ Safari 3 U • Edge Mill and Overlay w/ Signage ......... ............................... $ 267,800 • Repair Existing Concrete Curb & Gutter . ............................... $ 77,300 Total......................................... ............................... $345,100 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment �' 4 Policy for a mill and overlay improvement for local streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill and Overlay /Signage Low Density Residential (R- 1,2,3) 50% 50% Repair Existing Concrete Curb & Gutter 0% 100% Low Density Residential Lots (R -1) - All residential equivalent properties (123 total, 121 single - family and 2 lot equivalents for the City Safari water reservoir site) as shown on Figure 2, having direct driveway access on to the street to be improved are proposed to be assessed based upon a per unit, or lot, basis within the project. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties (R -1, R -2, R -3) based on a normal residential width street (32 feet). The estimated cost per residential lot equivalent to be assessed based on the City Assessment Policy is $1,090 per Single Family Lot and is calculated as follows: 1) $ 267,800 (Mill & Overlay Cost + Signage Cost) x 50 %] _ $133,900 [Total Residential Assessment (R -1)] 2) $133,900 (Total Residential Assessment) 4 $1,090 / lot 123 Single Family Residential Lots Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule is based on an estimated 6.5% interest rate for the assessed amounts: Single Family Residential Lot = $1,090 5 Principal Per Year � Interest I Per Year Cost I Per Year First Year $218 $71 $289 Fifth Year $218 $14 I $232 5 Revenue Source A summary of revenue sources is listed below: The City's Major Street Fund will finance the estimated project deficit of $211,200. (61 % of total) Project Schedule Present Feasibility Report to City Council/ Order Public Hearing .............. ............................... December 15, 2009 Informational Meeting ....................................... ............................... January 12, 2010 Public Hearing .......................................................... I........... January 19, 2010 Approve Plans and Specifications .. ............................... ....................... February, 2010 Award Contract ............................................... ............................... March, 2010 Project Completion ...................... ............................... ........................August, 2010 Final Cost Report ................... ............................... .....................September, 2010 Final Assessment Hearing ............................................ ............................... Fall, 2010 First Payment Due with Property Tax Statement . ............................... May 15, 2011 b3 6 Project Property City Cost Assessment Contribution Mill and Overlay $ 267,800 $ 133,900 $ 133,900 (With Signage) Repair Existing Curb $ 77,300 -0- $ 77,300 Total $345,100 $133,900 $211,200 The City's Major Street Fund will finance the estimated project deficit of $211,200. (61 % of total) Project Schedule Present Feasibility Report to City Council/ Order Public Hearing .............. ............................... December 15, 2009 Informational Meeting ....................................... ............................... January 12, 2010 Public Hearing .......................................................... I........... January 19, 2010 Approve Plans and Specifications .. ............................... ....................... February, 2010 Award Contract ............................................... ............................... March, 2010 Project Completion ...................... ............................... ........................August, 2010 Final Cost Report ................... ............................... .....................September, 2010 Final Assessment Hearing ............................................ ............................... Fall, 2010 First Payment Due with Property Tax Statement . ............................... May 15, 2011 b3 6 Part I - Project - Bituminous Street Overlay Part II - Project - Repair Existing Curb & Gutter $ 196,182.00 +5% Contingencies $9,809.10 +30% Indirect Costs $61,797.33 Total Part 1 $267,788.43 2104.501 Eagan Royale / Safari Estates 2nd / Safari 3 & 4 LF 1,800 $ 6.00 $ 10,800.00 City Project No. 1023 Remove Concrete Valley Gutter SY 12 $ 10.00 $ 120.00 Preliminary Cost Estimate Select Topsoil Borrow CY 50 $ 22.00 $ 1,100.00 Appendix A- Street Overlay Aggregate Base, Cl. 5 (100% Crushed) TON 10 $ 15.00 $ 150.00 2350.503 Type LVWE45030B Wear Course - Driveways TON Contract I $ Unit $ Amount Item No. I Item TON Unit Qty 100.00 Price 3,500.00 To Date Part I - Project - Bituminous Street Overlay EA 10 $ 100.00 $ 1,000.00 2021.501 Mobilization LS 1.00 $ 7,000.00 $ 7,000.00 2232.501 Mill Bituminous Pavement (1 1/4" depth) SY 10,110 $ 0.70 $ 7,077.00 2350.501 Type LVWE45030B Wearing Course Mixture TON 2,200 $ 66.00 $ 145,200.00 2350.505 Type LVWE45030B Wear Course - Street Patch TON 15 $ 100.00 $ 1,500.00 2357.502 Bituminous Material for Tack Coat GAL 1,400 $ 4.00 $ 5,600.00 2504.602 Adjust Frame and Ring Casting (Manhole) EA 25 $ 400.00 $ 10,000.00 2504.602 Adjust Manhole Casting - Riser Adjustment EA 38 $ 185.00 $ 7,030.00 2504.602 Adjust Water Valve Box EA 15 $ 125.00 $ 1,875.00 2504.602 Repair Gate Valve Mid Section EA 10 $ 155.00 $ 1,550.00 2504.602 Repair Gate Valve Top Section w/ Cover EA 10 $ 175.00 $ 1,750.00 SP -1 Signage Remove & Replace LS 1 $ 4,100.00 $ 4,100.00 2563.601 Traffic Control LS 1.00 $ 3,500.00 $ 3,500.00 Part I - Project - Bituminous Street Overlay Part II - Project - Repair Existing Curb & Gutter $ 196,182.00 +5% Contingencies $9,809.10 +30% Indirect Costs $61,797.33 Total Part 1 $267,788.43 2104.501 Remove Concrete Curb & Gutter LF 1,800 $ 6.00 $ 10,800.00 2104.505 Remove Concrete Valley Gutter SY 12 $ 10.00 $ 120.00 2105.526 Select Topsoil Borrow CY 50 $ 22.00 $ 1,100.00 2211.501 Aggregate Base, Cl. 5 (100% Crushed) TON 10 $ 15.00 $ 150.00 2350.503 Type LVWE45030B Wear Course - Driveways TON 15 $ 100.00 $ 1,500.00 2350.505 Type LVWE45030B Wear Course - Street Patch TON 35 $ 100.00 $ 3,500.00 2504.602 Repair Residential Sprinkler Head EA 10 $ 100.00 $ 1,000.00 2504.602 Repair Residential Sprinkler System EA 1 $ 250.00 $ 250.00 2506.602 Install 2 x3 Erosion Barrier Shroud EA 4 $ 100.00 $ 400.00 2506.602 Remove & Replace Casting (CB) EA 1 $ 575.00 $ 575.00 2506.602 Adjust Frame & Ring Casting (CB) EA 15 $ 250.00 $ 3,750.00 2506.602 Install 2 x 3 CB Erosion Barrier Shroud EA 6 $ 100.00 $ 600.00 2531.501 Concrete Curb & Gutter D412 LF 1,800 $ 15.00 $ 27,000.00 2531.604 Concrete Valley Gutter SY 12 $ 60.00 $ 720.00 2540.602 Repair Residential Landscaping EA 3 $ 170.00 $ 510.00 2573.530 Storm Drain Inlet Protection EA 4 $ 125.00 $ 500.00 2575.551 Compost, Grade 1 TON 50 $ 27.00 $ 1,350.00 2575.505 Sodding, Type Lawn (Highland) SY 400 $ 7.00 $ 2,800.00 Part II - Project - Repair Existing Curb & Gutter $ 56,625.00 +5% Contingencies $2,831.25 +30% Indirect Costs $17,836.88 Total Part II $77,293.13 Total Project Cost $345,081.56 M Appendix B - City Project No. 1023 1 Preliminary Assessment Roll Eagan Royale/ Safari Estates/ Safari 3rd & 4th Additions 7 P.I.N. Lot Unit R -1 Residential Equivalent Assessment Total Justin Dean Frank Addition 10- 40250 - 010 -01 1 $1,090 $1,090 2050 Safari Heights Tr. Subtotal 1 Safari Estates 2nd Addition 1997 Safari Tr. 10- 65851 - 010 -01 1 $1,090 $1,090 2002 Safari Heights Tr. 10- 65851 - 010 -02 1 $1,090 $1,090 2001 Safari Tr. 10- 65851 - 020 -01 1 $1,090 $1,090 2006 Safari Heights Tr. 10- 65851 - 020 -02 1 $1,090 $1,090 2005 Safari Tr. 10- 65851 - 030 -01 1 $1,090 $1,090 2010 Safari Heights Tr. 10- 65851 - 030 -02 1 $1,090 $1,090 2009 Safari Tr. 10- 65851 - 040 -01 1 $1,090 $1,090 2014 Safari Heights Tr. 10- 65851 - 040 -02 1 $1,090 $1,090 1998 Safari Tr, 10- 65851 - 050 -01 1 $1,090 $1,090 2018 Safari Heights Tr. 10- 65851 - 050 -02 1 $1,090 $1,090 1994 Safari Tr. 10- 65851 - 060 -01 1 $1,090 $1,090 2026 Safari Heights Tr. 10- 65851 - 060 -02 1 $1,090 $1,090 1990 Safari Tr. 10- 65851 - 070 -01 1 $1,090 $1,090 4890 Royale Tr. 10- 65851- 070 -02 1 $1,090 $1,090 2003 Safari Heights Tr. 10- 65851 - 080 -01 1 $1,090 $1,090 4894 Royale Tr. 10- 65851 - 080 -02 1 $1,090 $1,090 2007 Safari Heights Tr. 10- 65851 - 090 -01 1 $1,090 $1,090 4898 Royale Tr. 10- 65851 - 090 -02 1 $1,090 $1,090 2011 Safari Heights Tr. 10- 65851 - 100 -01 1 $1,090 $1,090 2015 Safari Heights Tr. 10- 65851 - 110 -01 1 $1,090 $1,090 2019 Safari Heights Tr. 10- 65851 - 120 -01 1 $1,090 $1,090 2023 Safari Heights Tr. 10- 65851 - 130 -01 1 $1,090 $1,090 2027 Safari Heights Tr. 10- 65851- 140 -01 1 $1,090 $1,090 r2031 Safari Heights Tr. 10- 65851 - 150 -01 1 $1,090 $1,090 MOP P.I.N. Lot $1,090 $1,090 R -1 Residential Equivalent Total 2035 Safari Heights Tr. 10- 65851 - 160 -01 1 $1,090 $1,090 2039 Safari Heights Tr. 10- 65851 - 170 -01 1 $1,090 $1,090 2041 Safari Heights Tr. 10- 65851 - 180 -01 1 $1,090 $1,090 2045 Safari Heights Tr. 10- 65851 - 190 -01 1 $1,090 $1,090 2046 Safari Heights Tr. 10- 65851 - 210 -01 1 $1,090 $1,090 2042 Safari Heights Tr. 10- 65851 - 220 -01 1 $1,090 $1,090 4897 Royale Tr. 10- 65851 - 230 -01 1 $1,090 $1,090 Subtotal 31 The Safari 31d Addition T7 1975 Covington Ln. 10- 75852 - 010 -01 1 $1,090 $1,090 1982 Safari Tr. 10- 75852 - 010 -02 1 $1,090 $1,090 1974 Covington Ln. 10- 75852 - 010 -03 1 $1,090 $1,090 1989 Safari Tr. 10- 75852 - 020 -01 1 $1,090 $1,090 1978 Safari Tr. 10- 75852 - 020 -02 1 $1,090 $1,090 1981 Safari Tr. 10- 75852 - 020 -03 1 $1,090 $1,090 1974 Safari Tr. 10- 75852 - 030 -02 1 $1,090 $1,090 1977 Safari Tr. 10- 75852 - 030 -03 1 $1,090 $1,090 1970 Safari Tr. 10- 75852 - 040 -02 1 $1,090 $1,090 1973 Safari Tr. 10- 75852 - 040 -03 1 $1,090 $1,090 1968 Safari Tr. 10- 75852 - 050 -02 1 $1,090 $1,090 1969 Safari Tr. 10- 75852 - 050 -03 1 $1,090 $1,090 1965 Safari Tr. 10- 75852 - 060 -03 1 $1,090 $1,090 1966 Safari Tr. 10- 75852 - 071 -02 1 $1,090 $1,090 1964 Safari Tr. 10- 75852 - 072 -02 1 $1,090 $1,090 1962 Safari Tr. 10- 75852 - 080 -02 1 $1,090 $1,090 Subtotal 16 The Safari 4th Addition 1993 Safari Tr. 10- 75853 - 010 -01 1 $1,090 $1,090 1986 Safari Tr. 10- 75853 - 010 -02 1 $1,090 $1,090 Subtotal . 2 1 F MOP R -1 Residential Eagan Royale 2001 Royale Dr. 2029 Royale Dr. 2002 Royale Dr. 2119 Royale Dr. 2089 Royale Dr. 2091 Royale Dr. City Water Tower 2005 Royale Dr. 2033 Royale Dr. 2006 Royale Dr. 2115 Royale Dr. 2085 Royale Dr. 2009 Royale Dr. 2037 Royale Dr. 2010 Royale Dr. 2111 Royale Dr. 2080 Royale Ct. 2013 Royale Dr. 2041 Royale Dr. 2014 Royale Dr. 2107 Royale Dr. 2084 Royale Ct. 2017 Royale Dr. 2045 Royale Dr. 2018 Royale Dr. 2103 Royale Dr. 2088 Royale Ct. 2021 Royale Dr. 2049 Royale Dr. 4924 Royale Way 2053 Royale Dr. 4928 Royale Way I P.I.N. I 10- 22475 - 010 -01 10- 22475- 010 -02 10- 22475 - 010 -03 10- 22475 - 010 -04 10- 22475 - 010 -05 10- 22475 - 020 -00 Lot Equivalent 1 1 1 1 1 2 Unit Assessment $1,090 $1,090 $1,090 $1,090 $1,090 $1,090 I Total I $1,090 $1,090 $1,090 $1,090 $1,090 $2,140.00 10- 22475 - 020 -01 1 $1,090 $1,090 10- 22475 - 020 -02 1 $1,090 $1,090 10- 22475- 020 -03 1 $1,090 $1,090 10- 22475 - 020 -04 1 $1,090 $1,090 10- 22475 - 020 -05 1 $1,090 $1,090 10- 22475 - 030 -01 1 $1,090 $1,090 10- 22475 - 030 -02 1 $1,090 $1,090 10- 22475- 030 -03 1 $1,090 $1,090 10- 22475 - 030 -04 1 $1,090 $1,090 10- 22475 - 030 -05 1 $1,090 $1,090 10- 22475 - 040 -01 1 $1,090 $1,090 10- 22475 - 040 -02 1 $1,090 $1,090 10- 22475 - 040 -03 1 $1,090 $1,090 10- 22475 - 040 -04 1 $1,090 $1,090 10- 22475 - 040 -05 1 $1,090 $1,090 10- 22475 - 050 -01 1 $1,090 $1,090 10- 22475 - 050 -02 1 $1,090 $1,090 10- 22475 - 050 -03 1 $1,090 $1,090 10- 22475 - 050 -04 1 $1,090 $1,090 10- 22475 - 050 -05 1 $1,090 $1,090 10- 22475 - 060 -01 1 $1,090 $1,090 10- 22475 - 060 -02 1 $1,090 $1,090 10- 22475 - 060 -03 1 $1,090 $1,090 10- 22475 - 070 -02 1 $1,090 $1,090 10- 22475 - 070 -03 1 $1,090 $1,090 (07 M P.I.N. Lot Unit R -1 Residential Equivalent Assessment Total 2057 Royale Dr. 10- 22475 - 080 -02 1 $1,090 $1,090 4932 Royale Way 10- 22475 - 080 -03 1 $1,090 $1,090 2061 Royale Dr. 10- 22475 - 090 -02 1 $1,090 $1,090 4929 Royale Way 10- 22475 - 090 -03 1 $1,090 $1,090 2065 Royale Dr. 10- 22475 - 100 -02 1 $1,090 $1,090 4925 Royale Way 10- 22475 - 100 -03 1 $1,090 $1,090 2069 Royale Dr. 10- 22475 - 110 -02 1 $1,090 $1,090 2022 Royale Dr. 10- 22475 - 110 -03 1 $1,090 $1,090 2073 Royale Dr. 10- 22475 - 120 -02 1 $1,090 $1,090 2026 Royale Dr. 10- 22475 - 120 -03 1 $1,090 $1,090 2079 Royale Ct. 10- 22475 - 130 -02 1 $1,090 $1,090 2030 Royale Dr. 10- 22475 - 130 -03 1 $1,090 $1,090 2087 Royale Ct. 10- 22475 - 140 -02 1 $1,090 $1,090 2034 Royale Dr. 10- 22475 - 140 -03 1 $1,090 $1,090 2095 Royale Ct. 10- 22475 - 150 -02 1 $1,090 $1,090 2042 Royale Dr. 10- 22475 - 150 -03 1 $1,090 $1,090 2099 Royale Ct. 10- 22475 - 160 -02 1 $1,090 $1,090 2050 Royale Dr. 10- 22475 - 160 -03 1 $1,090 $1,090 2105 Royale Ct. 10- 22475 - 170 -02 1 $1,090 $1,090 2058 Royale Dr. 10- 22475 - 170 -03 1 $1,090 $1,090 2109 Royale Ct. 10- 22475 - 180 -02 1 $1,090 $1,090 2062 Royale Dr. 10- 22475 - 180 -03 1 $1,090 $1,090 2104 Royale Ct. 10- 22475 - 190 -02 1 $1,090 $1,090 2070 Royale Dr. 10- 22475 - 190 -03 1 $1,090 $1,090 2100 Royale Ct. 10- 22475 - 200 -02 1 $1,090 $1,090 2078 Royale Dr. 10- 22475 - 200 -03 1 $1,090 $1,090 2096 Royale Ct. 10- 22475 - 210 -02 1 $1,090 $1,090 2082 Royale Dr. 10- 22475 - 210 -03 1 $1,090 $1,090 2092 Royale Ct. 10- 22475 - 220 -02 1 $1,090 $1,090 2086 Royale Dr. 10- 22475 - 220 -03 1 $1,090 $1,090 2090 Royale Dr. 10- 22475 - 230 -03 1 $1,090 $1,090 2094 Royale Dr. 10- 22475 - 240 -03 1 $1,090 $1,090 M TOTALS - Properties Single Family = 123 Lots Equivalents M P.I.N. Lot Unit R -1 Residential Equivalent Assessment Total 2098 Royale Dr. 10- 22475 - 250 -03 1 $1,090 $1,090 4979 Royale PI. 10- 22475 - 260 -03 1 $1,090 $1,090 4975 Royale PI. 10- 22475 - 270 -03 1 $1,090 $1,090 4972 Royale PI. 10- 22475 - 280 -03 1 $1,090 $1,090 4976 Royale PI. 10- 22475 - 290 -03 1 $1,090 $1,090 2106 Royale Dr 10- 22475 - 300 -03 1 $1,090 $1,090 2110 Royale Dr 10- 22475 - 310 -03 1 $1,090 $1,090 2114 Royale Dr 10- 22475 - 320 -03 1 $1,090 $1,090 Subtotal 72 Safari Estates 2nd Addition I 1 1 4902 Royale Tr. 10- 65851 - 100 -02 1 $1,090 $1,090 Subtotal 1 TOTALS 123 $133,900 TOTALS - Properties Single Family = 123 Lots Equivalents M W Eagan Royale / Safari Estates / Safari 3rd & 4th City Of Eap Street Revitalization - Project 1023 Fig. 1 Engineering Department Location Map W t. v, a fl"c"s �°{ ASP .r �f``�y e"�'• ,I /j p 2 ;`•�e�� . �•• + t � r � toll, amw - OR ilZRO fv- fa F! t�r ®A, -� ' 1 \\\, ,• BFI I ��a� on- v �Sr 11 411 I1 4IIWI r 1 1 SSrr I, Tv^� Ttl� II SO Pid CM ' mac+. S A Sy . +•.•.•i tam. 1 j nag EDGE MILL _ (6' -8' wide) Typ. 60' ROW 50' ROW 3" BITUMINOUS SURFACE 6" 5 AGGREGATE BASE Existing Typical Section 60' ROW 50' ROW 32' F -F 28' (F -F). 11/2" 2360 WEAR COURSE BITUMINOUS OVERLAY BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE EX. D412 CURB & GUTTER REPLACE EX. CURB & GUTTER AS DIRECTED Bituminous Street Overlay Proposed Typical Section ,2 -4 -09 MIN Eagan Royale / Safari Estates / Safari 3rd - 4th City Of Eap Street Revitalization Fig. 3 Engineering Department Project 1023 - Typical Section W EAGAN ROYALE/ SAFARI ESTATES/ SAFARI 3 & 4 ADDITIONS STREET REVITALIZATION CITY PROJECT NO. 1023 INFORMATIONAL NEIGHBORHOOD MEETING 7:00 P.M. TUESDAY, JANUARY 12, 2010 CITY HALL CONFERENCE ROOM 1A/B Attendance: John Gorder, Assistant City Engineer, 1 property owner representing 1 property (see attached sign -in sheet). A. Presentation of Project Details • Gorder welcomed the property owners and presented project information, including details such as construction, costs, schedule and assessments. B. Questions/ Comments • I have no issues with the street project. I feel something needs to be done regarding the water quality of the pond behind my house (1982 Safari Trail). The pond is referred to as Pond AP -33.2 in the City's Storm Water Management Plans. I will forward your concerns to the City's Water Resource staff, and they will contact you to discuss what neighborhood/ watershed initiatives are available to improve water quality. With the limited City resources available, neighborhood initiatives are likely the best alternative to help the pond quality, especially with the relatively small, residential watershed flowing to the pond. The meeting adjourned at 7:20 p.m. %?j NEIGHBORHOOD MEETING lbo Eagan Royale Neighborhood City Project 1023 coil Tuesday, January 12, 2010 Clity of f Eap 7:00 p.m. NAME ADDRESS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:\Forms \Sign -In Sheets \SIGN -IN.SHT & logo.doc Agenda Information Memo January 19, 2010 Eagan City Council Meeting B. PROJECT 1025, OAK CLIFF 4TH ADDITION STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1025, Oak Cliff 4th Addition (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past twenty years, the City has rehabilitated approximately 152 miles of local streets. • The resurfacing of the 0.9 mile of streets within the Oak Cliff 4th neighborhood in central Eagan has been programmed for 2010 in the City's 5 -Year Capital Improvement Program. • On June 2, 2009 the City Council directed staff to prepare a feasibility report considering a rehabilitation of these streets. • On December 15, 2009, the feasibility report for Project 1025 was presented to the City Council and a Public Hearing was scheduled for January 19 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on January 12 for the adjacent property owners to discuss the proposed improvements. Of the 85 total properties (all single - family homes) proposed to be assessed under this improvement, two residents representing one property attended the meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages A2 through • Neighborhood Meeting Minutes, pages through `75 I City of Eagan Report for Oak Cliff 4th Addition Street Revitalization City Project No. 1025 January 2010 City of Eapn Mike Maguire Mayor Paul Bakken Cyndee Fields Gary Hansen Meg Tilley Council Members Thomas Hedges City Administrator Municipal Center 3830 Pilot Knob Road Eagan, MN 55122 -1810 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD Maintenance Facility 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cityofeagan.com The Lone Oak Tree The symbol of strength and growth in our community. January 13, 2009 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Oak Cliff 4th Addition Street Revitalization City Project No. 1025 Dear Mayor and City Council: Attached is our report for the Oak Cliff 4th Addition Street Revitalization, City Project No. 1025. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Sincerely, •John P. Gorder Assistant City Engineer Reviewed Dept. of Publ Finance Dept. I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer and r the laws of the State of Minnesota. John P. Gorder Date: M /o Reg. No. 22813 ( ._ i -3' - t (D Date: ( 41 -to TABLE OF CONTENTS Letter of Transmittal /Certification Table of Contents Page Introduction.............................................................................................. ..............................1 Scope..................................................................................................... ..............................2 Feasibility and Recommendations .......................................................... ..............................2 StreetEvaluation .................................................................................... ..............................2 ProposedImprovements ......................................................................... ..............................3 Easements /Permits ................................................................................. ..............................4 CostEstimate ......................................................................................... ..............................5 Assessments.......................................................................................... ..............................5 Residential...................................................................................... ............................... 5 Assessment Financing Options ............................................................... ..............................6 RevenueSource ..................................................................................... ..............................6 ProjectSchedule ...................................................................................... ..............................7 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street Improvement/Assessment Area Map - 3 Typical Section — Overlay ---70 Oak Cliff 4th Addition January 2010 Oak Cliff 4th Addition Street Revitalization Eagan, Minnesota Introduction/ History Streets - As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The nearly 0.9 miles of neighborhood streets of the Oak Cliff 4th Addition located in south western Eagan are identified for the 2010 street revitalization improvements. Figure 1, located in Appendix C, illustrates the project location. The streets in this residential neighborhood were constructed from 1984 through 1986. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20 years. Overlaying the roadways located within the project area, which are presently at the 24 to 26 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the streets. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement in the area. The City of Eagan's maintenance records indicate that the streets were seal coated during the 1989, 1998 and in 2004. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. The Public Works crews, as part of the Preparatory Oak Cliff 4th Addition "7q 1 -1- Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, where necessary. These repairs alone will not substantially extend the life expectancy of the street section if not combined with the bituminous overlay proposed with this project. The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is generally in good working order and that no major repairs are necessary. Scope This project will provide resurfacing (edge mill and overlay) of all of the residential streets. Figure 1, located in Appendix C, illustrates the project limits. Included in this project are the following improvements; replacement of damaged curb and gutter, adjustments and /or replacement to sanitary/storm sewer utility castings, water gate valves, sewer services, pedestrian curb ramps, and street signage. Feasibility and Recommendations The mill & overlay improvements are necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride ability, and add structural strength. The mill & overlay is cost effective in that the proposed improvements (resurfacing) are considerably less expensive than complete reconstruction of the streets. The mill & overlay is feasible in that these types of improvements have been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2010 — 2014) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Oak Cliff 4th Addition gb -2- Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI j Recommended Improvement F56 - 100 1F Routine Maintenance /Crack Seal /Seal Coat 36 - 55 j Patch /Repair and /or Overlay 0-35 Reconstruct The 2009 PCI rankings for the street segments have a weighted average pavement condition rating of 46 for these neighborhood streets, which falls in the "Patch /Repair and /or Overlay" category. The street pavement has reached an age where, based on the City's past experience, the integrity of the pavement can rapidly decline if no improvements are performed. Therefore, the 2010 construction season is the optimal time to construct the bituminous overlay on this street. Proposed Improvements Pavement - The proposed street improvements are shown in Figure 3. The existing street section for these streets generally consists of 3 -inch bituminous pavement supported by 6 -inch gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter 6' to 8' wide adjacent to outside curbs to accommodate a 1'/2 -inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some Oak Cliff 4th Addition gI -3- continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance needs to continue under the City's Pavement Management Program. Concrete curb & gutter - Damaged curb & gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 7% of the existing concrete curb and gutter will have to be replaced. Boulevard turf will be removed and replaced. While the contractor who performs the work is responsible for its establishment in the first 30 days after placement, adjacent property owners are encouraged to consistently water the new turf, where possible, to help ensure its growth. Signage - All traffic control and street identification signage within the project limits will be replaced due to diminished reflectivity, deteriorated support posts, and the signs or posts no longer meeting City and State standards. Sidewalk/ Path Pedestrian Ramps — The Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of sidewalks and paths with public streets that are improved, including mill & overlay improvements. The most common method of providing this detectable warning is through the installation of truncated domes a minimum of two feet in length across the width of all pedestrian ramps. This project provides for the installation of four truncated dome pedestrian ramps on the concrete sidewalks on Slater Road. Easement/Permits All work will be in the public right -of -way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. Oak Cliff 4th Addition 2'1 -4- Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2010 construction costs and include a 5% contingency and indirect cost of 30 %, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Oak Cliff 4th Addition • Edge Mill and Overlay w/ Signage ....... ............................... $160,500 • Repair Existing Concrete Curb & Gutter ............................. $ 29,200 Total......................................... ............................... $189,700 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for collector streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill and Overlay/ Signage — R1 Residential 50% 50% Repair Existing Concrete Curb and Gutter 0% 100% Residential Lots — Street Revitalization Improvements All residential equivalent properties (86 single - family lots) as shown on Figure 2, having direct driveway access on to the streets to be improved are proposed to be assessed, based upon a per unit, or lot, basis within the project. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties (R -1, R -2, R -3) based on a normal residential width street (32 feet). The estimated cost per residential lot equivalent to be assessed based on the City Assessment Policy is $934 per Single Family Lot and is calculated as follows: 1) [$160,500 (Mill & Overlay/ Signage Cost) x 50% x 100 %] = $80,300 [Total Residential Assessment (R -1)] 2) $80,300 (Total Residential Assessment) 4 $934 / lot 86 Equivalent Single Family Residential Lots Oak Cliff 4th Addition 9,3 -5- Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedules are examples of the various estimated assessments with an estimated 6.5% interest for the assessed amounts: Single Family Residential Lot = $934 Principal Interest Cost Per Year Per Year Per Year First Year $187 $66 $253 Fifth Year $187 $12 $199 Revenue Source A summary of revenue sources is listed below: Project Cost Property Assessment City Contribution Mill & Overlay(w/ Signage) $ 160,500 $ 80,300 $80,200 Repair Existing Curb $ 29,200 -0- $29,200 Total $189,700 $ 80,300 $109,400 The City's Major Street Fund will finance the remaining estimated project deficit of $109,400 (58% of total). Oak Cliff 4th Addition Z9 -6- Project Schedule Present Feasibility Report to City Council/ Order Public Hearing .............. ............................... December 15, 2009 Informational Meeting ....................................... ............................... January 12, 2010 Public Hearing ....................................... ............................... January 19, 2010 Approve Plans and Specifications ........................ ............................... February, 2010 Award Contract ...................... ............................... .........................March, 2010 Project Completion ............................................. ............................... August, 2010 Final Cost Report ....................................... ............................... September, 2010 Final Assessment Hearing .................. ............................... ..........................Fall, 2010 First Payment Due with Property Tax Statement ... ............................... May 15, 201 Oak Cliff 4th Addition S9- Sub Total Part 1 $117,570.00 Part I - Project - Bituminous Street Overlay +5% Contingencies $5,878.50 Subtotal $123,448.50 +30% Indirect Costs $37,034.55 Total Part 1 $160,483 Part If - Project - Repair Existing Curb & Gutter 2104.501 Oak Cliff 4th City Project No. 1025 Preliminary Cost Estimate Appendix A- Street Overlay LF lContracl $ Unit I Amount Item No. I Item Unit Qty $ Price I To Date Part I - Project - Bituminous Street Overlay Remove Bituminous Pavement SY 80 $ 3.00 $ 2021.501 Mobilization LS 1.00 $ 7,000.00 $ 7,000.00 2232.501 Mill Bituminous Pavement (1 1/4" depth) SY 6,100 $ 0.70 $ 4,270.00 2350.501 Type LVWE45030B Wearing Course Mixture TON 1,400 $ 66.00 $ 92,400.00 2350.505 Type LVWE45030B Wear Course - Street Patch TON 2 $ 100.00 $ 200.00 2357.502 Bituminous Material for Tack Coat GAL 800 $ 4.00 $ 3,200.00 2504.602 Adjust Frame and Ring Casting (Manhole) EA 4 $ 400.00 $ 1,600.00 2504.602 Adjust Manhole Casting - Riser Adjustment EA 15 $ 185.00 $ 2,775.00 2504.602 Rem & Repl Frame and Ring Casting (MH) EA 2 $ 400.00 $ 800.00 2504.602 Adjust Water Valve Box EA 11 $ 125.00 $ 1,375.00 SP -1 Signage Remove & Replace LS 1 $ 2,200.00 $ 2,200.00 2563.601 Traffic Control LS 1.00 $1,750.00 Sub Total Part $ 1,750.00 Sub Total Part 1 $117,570.00 Part I - Project - Bituminous Street Overlay +5% Contingencies $5,878.50 Subtotal $123,448.50 +30% Indirect Costs $37,034.55 Total Part 1 $160,483 Part If - Project - Repair Existing Curb & Gutter 2104.501 Remove Concrete Curb & Gutter LF 600 $ 6.00 $ 3,600.00 2104.505 Remove Concrete Valley Gutter SY 30 $ 6.00 $ 180.00 2104.505 Remove Bituminous Pavement SY 80 $ 3.00 $ 240.00 2105.526 Select Topsoil Borrow CY 15 $ 22.00 $ 330.00 2211.501 Aggregate Base, Cl. 5 (100% Crushed) TON 10 $ 15.00 $ 150.00 2350.503 Type LVWE45030B Wear Course - Driveways TON 10 $ 100.00 $ 1,000.00 2506.602 Adjust Frame & Ring Casting (CB) EA 6 $ 250.00 $ 1,500.00 2506.602 Install 2 x 3 CB Erosion Barrier Shroud EA 6 $ 100.00 $ 600.00 2521.501 4" Conc Ped Ramp w/ Wet Cast for Trunc Dome Inset SF 200 $ 4.50 $ 900.00 2531.501 Concrete Curb & Gutter D412 LF 600 $ 15.00 $ 9,000.00 2531.604 Concrete Valley Gutter SY 30 $ 50.00 $ 1,500.00 2531.618 Truncated Dome Detectable Warning Paver SF 32 $ 42.00 $ 1,344.00 2575.505 Sodding, Type Lawn (Highland) SY 150 $ 7.00 $ 1,050.00 Sub Total Part II $ 21,394.00 Part II - Project - Repair Existing Curb & Gutter +5% Contingencies $1,069.70 Subtotal $22,463.70 +30% Indirect Costs $6,739.11 Total Part II $29,202.81 Total Project Cost = $189,686 We- Oak Cliff Additions City Project No. 1025 Appendix B - Preliminary Assessment Roll R -1 Residential P.I.N. Lot Unit Equivalent Assessment Total Oak Cliff Addition 4715 Oak Cliff Dr. 10- 53550 - 010 -01 1 $934 $934 4718 Oak Cliff Dr. 10- 53550 - 010 -02 1 $934 $934 4740 Burr Oak St. 10- 53550 - 010 -03 1 $934 $934 2224 James St. 10- 53550 - 010 -04 1 $934 $934 4735 Burr Oak St. 10- 53550 - 010 -05 1 $934 $934 4719 Oak Cliff Dr. 10- 53550 - 020 -01 1 $934 $934 4724 Oak Cliff Dr. 10- 53550 - 020 -02 1 $934 $934 2244 Mahogany Way 10- 53550 - 020 -03 1 $934 $934 2228 James Street 10- 53550 - 020 -04 1 $934 $934 2256 Mahogany Way 10- 53550 - 020 -05 1 $934 $934 4730 Oak Cliff Dr. 10- 53550 - 030 -02 1 $934 $934 4737 Oak Cliff Dr. 10- 53550 - 030 -03 1 $934 $934 2232 James St. 10- 53550 - 030 -04 1 $934 $934 4723 Oak Cliff Dr. 10- 53550 - 031 -01 1 $934 $934 4725 Oak Cliff Dr. 10- 53550 - 032 -01 1 $934 $934 4727 Oak Cliff Dr. 10- 53550 - 040 -01 1 $934 $934 4736 Oak Cliff Dr. 10- 53550 - 040 -02 1 $934 $934 4743 Oak Cliff Dr. 10- 53550 - 040 -03 1 $934 $934 2236 James St. 10- 53550 - 040 -04 1 $934 $934 4742 Oak Cliff Dr. 10- 53550 - 050 -02 1 $934 $934 4749 Oak Cliff Dr. 10- 53550 - 050 -03 1 $934 $934 2239 Mahogany Way 10- 53550 - 051 -01 1 $934 $934 2241 Mahogany Way 10- 53550 - 052 -01 1 $934 $934 4750 Oak Cliff Dr. 10- 53550 - 060 -02 1 $934 $934 4755 Oak Cliff Dr. 10- 53550 - 060 -03 1 $934 $934 2245 Mahogany Way 10- 53550 - 064 -01 1 $934 $934 2243 Mahogany Way 10- 53550 - 065 -01 1 $934 $934 2249 Mahogany Way 10- 53550 - 070 -01 1 $934 $934 4760 Oak Cliff Dr. 10- 53550 - 070 -02 1 $934 $934 4761 Oak Cliff Dr. 10- 53550 - 070 -03 1 $934 $934 2251 Mahogany Way 10- 53550 - 080 -01 1 $934 $934 2227 James St. 10- 53550 - 080 -02 1 $934 $934 4767 Oak Cliff Dr. 10- 53550 - 080 -03 1 $934 $934 IS• 2223 James St. 10- 53550 - 090 -02 1 $934 $934 2237 James St. 10- 53550 - 090 -03 1 $934 $934 Subtotal 35 Oak Cliff 2nd Addition 4744 Burr Oak St. 10- 53551 - 010 -01 1 $934 $934 4741 Burr Oak St. 10- 53551 - 010 -02 1 $934 $934 2240 James St. 10- 53551 - 010 -03 1 $934 $934 4752 Burr Oak St. 10- 53551 - 020 -01 1 $934 $934 4747 Burr Oak St. 10- 53551 - 020 -02 1 $934 $934 2244 James St. 10- 53551 - 020 -03 1 $934 $934 4760 Burr Oak St. 10- 53551 - 030 -01 1 $934 $934 4753 Burr Oak St. 10- 53551 - 030 -02 1 $934 $934 2248 James St. 10- 53551 - 030 -03 1 $934 $934 4768 Burr Oak St. 10- 53551 - 040 -01 1 $934 $934 4759 Burr Oak St. 10- 53551 - 040 -02 1 $934 $934 2252 James St. 10- 53551 - 040 -03 1 $934 $934 4774 Burr Oak St. 10- 53551 - 050 -01 1 $934 $934 4765 Burr Oak St. 10- 53551 - 050 -02 1 $934 $934 2256 James St. 10- 53551 - 050 -03 1 $934 $934 2243 James St. 10- 53551 - 060 -01 1 $934 $934 4771 Burr Oak St. 10- 53551 - 060 -02 1 $934 $934 2255 James St. 10- 53551 - 070 -02 1 $934 $934 Subtotal 18 Oak Cliff 4th Addition 4730 White Oak Ct. 10- 53553 - 010 -01 1 $934 $934 2257 Mahogany Way 10- 53553 - 010 -02 1 $934 $934 2264 James St. 10- 53553 - 010 -03 1 $934 $934 4736 White Oak Ct. 10- 53553 - 020 -01 1 $934 $934 2261 Mahogany Way 10- 53553 - 020 -02 1 $934 $934 2260 James St. 10- 53553 - 020 -03 1 $934 $934 4742 White Oak Ct. 10- 53553 - 030 -01 1 $934 $934 4714 White Oak Ct. 10- 53553 - 030 -02 1 $934 $934 4748 White Oak Ct. 10- 53553- 040 -01 1 $934 $934 4710 White Oak Ct. 10- 53553 - 040 -02 1 $934 $934 4756 White Oak Ct. 10- 53553 - 050 -01 1 $934 $934 4708 White Oak Ct. 10- 53553 - 050 -02 1 $934 $934 4762 White Oak Ct. 10- 53553 - 060 -01 1 $934 $934 4709 White Oak Ct. 10- 53553 - 060 -02 1 $934 $934 Subtotal 14 R -1 Residential P.I.N. Lot Unit Equivalent Assessment Total 4768 White Oak Ct. 10- 53553 - 070 -01 1 $934 $934 4711 White Oak Ct. 10- 53553 - 070 -02 1 $934 $934 4774 White Oak Ct. 10- 53553 - 080 -01 1 $934 $934 4715 White Oak Ct. 10- 53553 - 080 -02 1 $934 $934 4780 White Oak Ct. 10- 53553 - 090 -01 1 $934 $934 4721 White Oak Ct. 10- 53553 - 090 -02 1 $934 $934 2259 James St. 10- 53553 - 100 -01 1 $934 $934 4727 White Oak Ct. 10- 53553 - 100 -02 1 $934 $934 4733 White Oak Ct. 10- 53553 - 110 -02 1 $934 $934 4739 White Oak Ct. 10- 53553 - 120 -02 1 $934 $934 4745 White Oak Ct. 10- 53553 - 130 -02 1 $934 $934 4751 White Oak Ct. 10- 53553 - 140 -02 1 $934 $934 4757 White Oak Ct. 10- 53553 - 150 -02 1 $934 $934 4763 White Oak Ct. 10- 53553 - 160 -02 1 $934 $934 4769 White Oak Ct. 10- 53553 - 170 -02 1 $934 $934 4775 White Oak Ct. 10- 53553 - 180 -02 1 $934 $934 4781 White Oak Ct. 10- 53553 - 190 -02 1 $934 $934 4793 Four SeasonS Dr. 10- 53553 - 200 -02 1 $934 $934 Subtotal 18 Oak Cliff 51h Addition 4797 Four Season Dr. 10- 53554 - 010 -01 1 $934 $934 Subtotal 1 TOTAL $ 80,300 TOTAL Properties 86 Single Family = 86 - Direct Access 41� Oak Cliff 4th Add. City Of Ekan Street Revitalization - Project 1025 Fig. 1 Engineering Department %) Location Map NORTN 4708 47 C 1 , 1 4710 , 4 11 v 1 4715 ;1 4727 'fL-1 l 777T I 4714 ♦ �� _; 4723 � 5 47 �4715 7 2251 2249 4727 472 ' � 2256 � � 4718 ' 4739 4736 4735D 'k 4724 ' W � 4737> 4730 4741 474 2244 4736 4742 4 44 474 O 474 - ] 4 51 4748 O 4742 475 C4752 4749 4750 47 D456 Q 475 0 455 4 60 4762 7 _1 ' 47603 2223 4768 4765 4768 4761 2227 W 4 7 6'93 4767 J 41774 4771 m 4774 (n ' 4775 �J 2237 2259 4780 2255 2 43 D4 4781U x/223 JAMES ST ' 4793 � 6 n� �] 2240 F , L_J ' 4797 2264 2260 2256 2252 2248 44 , i -- i LEGEND Street Improvements - Assessment Area Oak Cliff 4th Addition City Of Eap Street Revitalization -Project 1025 Fig. 2 Engineering Department Assessments / Street Improvement Area I EDGE MILL (6' -8' wide)1 3" BITUMINOUS SURFACE 6" 5 AGGREGATE BASE Existing Typical Section 60' ROW 32' 11/2" 2360 WEAR COURSE BITUMINOUS OVERLAY BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE EX. D412 CURB & GUTTER REPLACE EX. CURB & GUTTER AS DIRECTED Bituminous Street Overlay Proposed Typical Section 71 -10 -09 Oak Cliff 4th Add. City Of Eap Street Revitalization Fig. 3 Engineering Department Project 1025 - Typical Section OAK CLIFF 4" ADDITION STREET REVITALIZATION CITY PROJECT NO. 1025 INFORMATIONAL NEIGHBORHOOD MEETING 7:30 P.M. TUESDAY, JANUARY 12, 2010 CITY HALL CONFERENCE ROOM 1A/B Attendance: John Gorder, Assistant City Engineer, 2 property owner representing 1 property (see attached sign -in sheet). A. Presentation of Project Details • Gorder welcomed the property owners and presented project information, including details such as construction, costs, schedule and assessments. B. Questions/ Comments • We live at 2224 James Street, and have a new concrete driveway with stamped concrete imprints along its sides. Will the curb removal and replacement impact the driveway? If the curb & gutter in front of the driveway does not warrant replacement, it will not be impacted. If the curb & gutter needs replacement, it may be impacted. The City contractors do not desire to disturb driveways, and if the replacement is needed, will make every attempt to keep the driveway intact. City staff will evaluate the condition of the curb this spring, and let you know if replacement is necessary at your driveway. The meeting adjourned at 7:45 p.m. 173 NEIGHBORHOOD MEETING lbo Oak Cliff Neighborhood City Project 1025 City of EaRan Tuesday, January 12, 2010 7:30 m. NAME ADDRESS 1. DQ 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:\Fonns \Sign -In Sheets \SIGN -IN.SHT & logo.doc L Agenda Information Memo January 19, 2010 Eagan City Council Meeting C. PROJECT 1020, THOMAS LAKE WOODS ADDITION STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1020, Thomas Lake Woods Addition (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past twenty years, the City has rehabilitated approximately 152 miles of local streets. • The resurfacing of the 0.5 mile of streets within the Thomas Lake Woods neighborhood in central Eagan has been programmed for 2010 in the City's 5 -Year Capital Improvement Program. • On June 2, 2009 the City Council directed staff to prepare a feasibility report considering a rehabilitation of these streets. • On December 15, 2009, the feasibility report for Project 1020 was presented to the City Council and a Public Hearing was scheduled for January 19 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on January 12 for the adjacent property owners to discuss the proposed improvements. Of the 87 total properties (60 townhomes and 27 single - family homes) proposed to be assessed under this improvement, nine residents representing eight properties attended the meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages through a • Neighborhood Meeting Minutes, pages hrough. B City of Eakan January 13, 2010 Mike Maguire Mayor Honorable Mayor and City Council Paul Bakken City of Eagan Cyndee Fields 3830 Pilot Knob Road Gary Hansen Eagan, MN 55122 Meg Tilley Council Members Re: Thomas Lake Woods Additions Street Revitalization City Project No. 1020 Thomas Hedges City Administrator Dear Mayor and City Council: Attached is our report for the Thomas Lake Woods Additions Street Revitalization, City Project No. 1020. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. Municipal Center 3830 Pilot Knob Road Eagan, MN 55122 -1810 We would be pleased to meet with the City Council at your convenience to review and 651.675.5000 phone discuss the contents of this report. 651.675.5012 fax 651.454.8535 TDD Sincerely, ?oh Maintenance Facility P. Gorden 3501 Coachman Point Assistant City Engineer Eagan, MN 55122 1 hereby certify that this report was prepared by me or under my 651.675.5300 phone direct supervision and that I am a duly Licensed Professional 651.675.5360 fax Engineer and r the laws of the State of Minnesota. 651.454.8535 TDD John P. Gorden Date: i t Y !O Reg. No. 22813 www.cityofeagan.com Reviewed By: Dept. of Pub i Works Date: t 3 r' o Review The Lone Oak Tree tt d The symbol of Finance Dept Date: strength and growth in our community. i 77 TABLE OF CONTENTS Letter of Transmittal /Certification Table of Contents Page Introduction 1 Scope 2 Feasibility and Recommendations 2 Street Evaluation 2 Proposed Improvements 3 Easements /Permits 4 Cost Estimate 4 Assessments 5 Assessment Financing Options 5 Revenue Source 6 Project Schedule 7 Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Figures - 1 2 3 Location Map Street Improvement/Assessment Area Map Typical Section — Overlay W Thomas Lake Woods Additions January 2010 Thomas Lake Woods Additions Street Revitalization Eagan, Minnesota Introduction/ History Streets - As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The nearly 0.5 mile of neighborhood streets of the Thomas Lake Woods Additions located in central Eagan are identified for the 2010 street revitalization improvements. Figure 1, located in Appendix C, illustrates the project location. The streets in this residential neighborhood were constructed in 1988. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20 years. Recycling or overlaying the roadways located within the project area, which are presently at the 22 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the streets. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement in the area. The City of Eagan's maintenance records indicate that the streets were seal coated in 1993 and 1999. The ongoing Public Works maintenance program includes extensive patching and crack sealing prior to each of the two sealcoats at approximately years 5 and 12 of the pavement life cycle. Additionally, Public Works crews, as part of the Preparatory Pavement Management Plan, �9 Thomas Lake Woods Additions - 1 - removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of these streets under consideration, where necessary, two years prior to the street improvements considered with this project. The preparatory maintenance repairs alone will not substantially extend the life expectancy of the street pavement if not combined with the bituminous overlay proposed with this project. The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is generally in good working order and that no major repairs are necessary. This project will provide resurfacing (edge mill and overlay) of all of the residential streets. Figure 1, located in Appendix C, illustrates the project limits. Included in this project are the following improvements; replacement of damaged curb and gutter, adjustments and /or replacement to sanitary/storm sewer utility castings, water gate valves, sewer services, and street signage. Feasibility and Recommendations The mill & overlay improvements are necessary to prevent further decay of the pavement section, create a safer driving surface, increase rideability, and add structural strength. The mill & overlay is cost effective in that the proposed improvements (resurfacing) are considerably less expensive than complete reconstruction of the streets. The mill & overlay is feasible in that these types of improvements have been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2010 — 2014) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Tho mas Lake Woods Additions /Z -2- Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement I 56-100 Routine Maintenance /Crack Seal /Seal Coat i 36 - 55 Patch /Re air and /or Overlay 0-35 Reconstruct The 2009 PCI rankings for the street segments have a weighted average pavement condition rating of 46 for these neighborhood streets, which falls in the "Patch /Repair and /or Overlay" category. The street pavement has reached an age where, based on the City's past experience, the integrity of the pavement can rapidly decline if no improvements are performed. Therefore, the 2010 construction season is the optimal time to construct the bituminous overlay on this street. Any delay of the project may reduce the structural benefit to the street sections and require full reconstruction. Proposed Improvements Pavement - The proposed street improvements are shown in Figure 3. The existing street section for these streets generally consists of 3" bituminous pavement supported by 6" gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter 6' to 8' wide adjacent to outside curbs to accommodate a 1Y2-inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying Thomas Lake Woods Additions 10( -3- pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb & gutter - Damaged curb & gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 15% of the existing concrete curb and gutter will have to be replaced. Boulevard turf will be removed and replaced. While the contractor who performs the work is responsible for its establishment in the first 30 days after placement, adjacent property owners are encouraged to consistently water the new turf, where possible, to help ensure its growth. A new concrete valley gutter to improve drainage is proposed at the intersection of Mallard Drive and Thomas Lake Road. Signage - All traffic control and street identification signage within the project limits will be replaced due to diminished reflectivity, deteriorated support posts, and the signs or posts no longer meeting City and State standards. Easement/Permits All work will be in the public right -of -way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2010 construction costs and include a 5% contingency and indirect cost of 30 %, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Thomas Lake Woods Additions • Edge Mill and Overlay w/ Signage ....... ............................... $117,300 • Repair Existing Concrete Curb & Gutter ............................. $ 38,700 Total......................................... ............................... $ 156,000 Thomas Lake Woods Additions /h''> - 4 - Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for residential streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill and Overlay/ Signage — R1 Residential 50% 50% Repair Existing Concrete Curb and Gutter 0% 100% Low Density Residential Lots (R -1, R -2, R -3) — Mill & Overlay This neighborhood consists entirely of single - family and townhome residential homes. All residential equivalent properties (72 total, 60 townhomes at 75% lot equivalents (45 LE), 27 single - family lots) as shown on Figure 2, having driveway access on to the streets to be improved are proposed to be assessed. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties and are based on a normal residential width street (32 feet). Townhome units are assessed at 75% the rate of a single - family residential lot. The estimated cost per residential lot equivalent to be assessed based on the City Assessment Policy is $816 per Single Family Lot Equivalent and is calculated as follows: 1) $117,300 (Total Mill & Overlay/ Sign Cost) x 50% _ $58,650 Assessment (R1, 2, 3) 2) $58,650 (Residential Assessment) 4 $816/ lot equivalent 72 Equivalent Single Family Residential Lots 3) Town house => 75% of a SF Lot (0.75 x $816/ lot) _ $611/ Townhouse Unit Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The Thomas Lake Woods Additions Ib� -5- following payment schedules are examples of the various estimated assessments with an estimated 6.5% interest for the assessed amounts: Single Family Residential Lot = $816 Principal Interest Cost Per Year Per Year Per Year I First Year � $163 - - - -- $62 � $225 - - - -_- Fifth Year $163 $11 $174 Townhome Lot = $611 - - -- r-- - - - - -- — - — - - - -- - - - Principal j Interest Cost Per Year Per Year i Per Year First Year $122 $47 $169 j Fifth Year $122 $8 $130 Revenue Source A summary of revenue sources is listed below: Project Property City Cost Assessment Contribution Mill & Overlay(w/ Signage) $ 117,300 $ 58,650 $ 58,650 Repair Existing Curb $ 38,700 -0- $ 38,700 Total $ 156,000 $ 58,650 $97,350 The City's Major Street Fund will finance the estimated project deficit of $97,350 (62% of total). Thomas Lake Woods Additions l "l -6- Project Schedule Present Feasibility Report to City Council/ Order Public Hearing .............. ............................... December 15, 2009 Informational Meeting ....................................... ............................... January 12, 2010 Public Hearing ....................................... ............................... January 19, 2010 Approve Plans and Specifications ........................ ............................... February, 2010 Award Contract ............................................... ............................... March, 2010 Project Completion ............................................. ............................... August, 2010 Final Cost Report ....................................... ............................... September, 2010 Final Assessment Hearing ............................................ ............................... Fall, 2010 First Payment Due with Property Tax Statement . ............................... May 15, 2011 Thomas Lake Woods Additions Part II - Project - Repair Existing Curb & Gutter 2104.501 Thomas Lake Woods LF 850 $ 6.00 $ 5,100.00 City Project No. 1020 Remove Bituminous Pavement SY 50 $ 3.00 $ Preliminary Cost Estimate 2105.526 Select Topsoil Borrow CY 22 $ 22.00 Appendix A- Street Overlay 484.00 2211.501 Aggregate Base, Cl. 5 (100% Crushed) TON 10 $ 15.00 $ Contractl Unit Type LVWE45030B Wear Course - Driveways Amount Item No. I Item Unit Qty Price 2350.505 To Date TON 15 $ 100.00 $ 1,500.00 2506.602 Part I - Project - Bituminous Street Overlay EA 5 $ 250.00 $ 2021.501 Mobilization LS 1.00 $ 7,000.00 $ 7,000.00 2232.501 Mill Bituminous Pavement (1 1/4" depth) SY 4,500 $ 0.70 $ 3,150.00 2350.505 Type LVWE45030B Wear Course - Street Patch TON 5 $ 100.00 $ 500.00 2350.501 Type LVWE45030B Wearing Course Mixture TON 900 $ 66.00 $ 59,400.00 2357.502 Bituminous Material for Tack Coat GAL 500 $ 4.00 $ 2,000.00 2504.602 Adjust Frame and Ring Casting (Manhole) EA 14 $ 400.00 $ 5,600.00 2504.602 Adjust Manhole Casting - Riser Adjustment EA 13 $ 185.00 $ 2,405.00 2504.602 Adjust Water Valve Box EA 7 $ 125.00 $ 875.00 2504.602 Repair Gate Valve Mid Section EA 1 $ 155.00 $ 155.00 2504.602 Repair Gate Valve Top Section w/ Cover EA 1 $ 175.00 $ 175.00 SP -1 Signage Remove & Replace LS 1 $ 2,900.00 $ 2,900.00 2563.601 Traffic Control LS 1.00 $ 1,750.00 $ 1,750.00 Sub Total Part 1 $ 85,910.00 Part I - Project - Bituminous Street Overlay +5% Contingencies $4,295.50 Subtotal $90,205.50 +30% Indirect Costs $27,061.65 Total Part 1 $117,267 Part II - Project - Repair Existing Curb & Gutter 2104.501 Remove Concrete Curb & Gutter LF 850 $ 6.00 $ 5,100.00 2104.505 Remove Bituminous Pavement SY 50 $ 3.00 $ 150.00 2105.526 Select Topsoil Borrow CY 22 $ 22.00 $ 484.00 2211.501 Aggregate Base, Cl. 5 (100% Crushed) TON 10 $ 15.00 $ 150.00 2350.503 Type LVWE45030B Wear Course - Driveways TON 10 $ 100.00 $ 1,000.00 2350.505 Type LVWE45030B Wear Course - Street Patch TON 15 $ 100.00 $ 1,500.00 2506.602 Adjust Frame & Ring Casting (CB) EA 5 $ 250.00 $ 1,250.00 2506.602 Install 2 x 3 CB Erosion Barrier Shroud EA 6 $ 100.00 $ 600.00 2531.501 Concrete Curb & Gutter D412 LF 850 $ 15.00 $ 12,750.00 2531.604 Concrete Valley Gutter SY 65 $ 50.00 $ 3,250.00 2504.602 Repair Residential Sprinkler Head EA 5 $ 100.00 $ 500.00 2504.602 Repair Sprinkler System EA 1 $ 250.00 $ 250.00 2575.505 Sodding, Type Lawn (Highland) SY 200 $ 7.00 $ 1,400.00 Sub Total Part II $ 28,384.00 Part II - Project - Repair Existing Curb & Gutter +5% Contingencies $1,419.20 Subtotal $29,803.20 +30% Indirect Costs $8,940.96 Total Part 11 $38,744.16 Total Project Cost = $156,011 Appendix B - City Project No. 1020 Preliminary Assessment Roll Thomas Lake Woods Addition R -1, 2, 3 Residential P.I.N. Lot Unit Equivalent Assessment Total Thomas Lake Woods 1St Addition 1555 Mallard Dr. 10- 76100 - 010 -01 1 $816 $816 4468 Mallard Trail N. 10- 76100- 010 -04 1 $816 $816 1561 Mallard Dr. 10- 76100- 020 -01 1 $816 $816 4464 Mallard Trail 10- 76100 - 020 -04 1 $816 $816 1567 Mallard Dr. 10- 76100- 030 -01 1 $816 $816 4467 Mallard Trail N. 10- 76100- 030 -04 1 $816 $816 1573 Mallard Dr. 10- 76100 - 040 -01 1 $816 $816 4471 Mallard Trail N. 10- 76100- 040 -04 1 $816 $816 1579 Mallard Dr. 10- 76100 - 050 -01 1 $816 $816 4481 Mallard Trail N. 10- 76100 - 050 -04 1 $816 $816 1585 Mallard Dr. 10- 76100 - 060 -01 1 $816 $816 4489 Mallard Trail N. 10- 76100- 060 -04 1 $816 $816 1591 Mallard Dr. 10- 76100- 070 -01 1 $816 $816 4493 Mallard Trail N. 10- 76100- 070 -04 1 $816 $816 1597 Mallard Dr. 10- 76100 - 080 -01 1 $816 $816 4497 Mallard Trail N. 10- 76100 - 080 -04 1 $816 $816 4494 Mallard Dr. N. 10- 76100- 090 -01 1 $816 $816 1615 Mallard Dr. 10- 76100 - 090 -04 1 $816 $816 4490 Mallard Trail N. 10- 76100 - 100 -01 1 $816 $816 1621 Mallard Dr. 10- 76100- 100 -04 1 $816 $816 4486 Mallard Tr. N. 10- 76100 - 110 -01 1 $816 $816 4482 Mallard PI. 10- 76100- 120 -01 1 $816 $816 4480 Mallard PI. 10- 76100 - 130 -01 1 $816 $816 4478 Mallard PI. 10- 76100 - 140 -01 1 $816 $816 4476 Mallard PI. 10- 76100 - 150 -01 1 $816 $816 4474 Mallard PI. 10- 76100- 160 -01 1 $816 $816 4472 Mallard PI. 10- 76100- 170 -01 1 $816 $816 Subtotal - SF 27 Residential P.I.N. Lot Unit Equivalent Assessment Total 1588 Mallard View 10- 76100- 160 -02 0.75 $816 $611 4542 Mallard Tr. S. 10- 76100- 160 -03 0.75 $816 $611 1590 Mallard View 10- 76100 - 150 -02 0.75 $816 $611 4546 Mallard Tr. S. 10- 76100 - 150 -03 0.75 $816 $611 1586 Mallard View 10- 76100- 140 -02 0.75 $816 $611 4544 Mallard Tr. S. 10- 76100- 140 -03 0.75 $816 $611 1584 Mallard View 10- 76100- 130 -02 0.75 $816 $611 4540 Mallard Tr. S. 10- 76100- 130 -03 0.75 $816 $611 1580 Mallard View 10- 76100- 120 -02 0.75 $816 $611 4533 Mallard Tr. S. 10- 76100 - 120 -03 0.75 $816 $611 1582 Mallard View 10- 76100- 110 -02 0.75 $816 $611 4537 Mallard Tr. S. 10- 76100- 110 -03 0.75 $816 $611 1578 Mallard View 10- 76100 - 100 -02 0.75 $816 $611 4539 Mallard Trail S. 10- 76100- 100 -03 0.75 $816 $611 1576 Mallard View 10- 76100- 090 -02 0.75 $816 $611 4535 Mallard Trail S. 10- 76100- 090 -03 0.75 $816 $611 1572 Mallard View Dr. 10- 30900 - 080 -02 0.75 $816 $611 4529 Mallard Tr. S. 10- 76100- 080 -03 0.75 $816 $611 1574 Mallard View 10- 76100 - 070 -02 0.75 $816 $611 4531 Mallard Tr. S. 10- 76100 - 070 -03 0.75 $816 $611 1570 Mallard View 10- 76100 - 060 -02 0.75 $816 $611 4527 Mallard Trail S. 10- 76100- 060 -03 0.75 $816 $611 1568 Mallard View 10- 76100- 050 -02 0.75 $816 $611 4525 Mallard Trail S. 10- 30900 - 050 -03 0.75 $816 $611 1564 Mallard View 10- 76100 - 040 -02 0.75 $816 $611 4521 Mallard Trail S. 10- 76100- 040 -03 0.75 $816 $611 1566 Mallard View 10- 76100 - 030 -02 0.75 $816 $611 4523 Mallard Trail S. 10- 76100 - 030 -03 0.75 $816 $611 1560 Mallard Dr. 10- 76100 - 020 -02 0.75 $816 $611 4517 Mallard Trail S. 10- 76100- 020 -03 0.75 $816 $611 1562 Mallard Dr. 10- 76100- 010 -02 0.75 $816 $611 4519 Mallard Trail S. 10- 76100- 010 -03 0.75 $816 $611 1592 Mallard View 10- 76100- 170 -02 0.75 $816 $611 4538 Mallard Tr. S. 10- 76100- 170 -03 0.75 $816 $611 1594 Mallard View 10- 76100- 180 -02 0.75 $816 $611 4536 Mallard Tr. S. 10- 76100- 180 -03 0.75 $816 $611 1596 Mallard View 10- 76100- 190 -02 0.75 $816 $611 4532 Mallard Tr. S. 10- 76100- 190 -03 0.75 $816 $611 1598 Mallard View 10- 76100 - 200 -02 0.75 $816 $611 4534 Mallard Tr. S. 10- 76100- 200 -03 0.75 $816 $611 1602 Mallard View 10- 76100 - 210 -02 0.75 $816 $611 4530 Mallard Tr. S. 10- 76100- 210 -03 0.75 $816 $611 1600 Mallard View 10- 76100 - 220 -02 0.75 $816 $611 4528 Mallard Tr. S. 10- 76100 - 220 -03 0.75 $816 $611 1604 Mallard Dr. 10- 76100 - 230 -02 0.75 $816 $611 4524 Mallard Tr. S. 10- 76100- 230 -03 0.75 $816 $611 1606 Mallard Dr. 10- 76100- 240 -02 0.75 $816 $611 4526 Mallard Tr. S. 10- 76100 - 240 -03 0.75 $816 $611 4522 Mallard Tr. S. 10- 76100 - 250 -03 0.75 $816 $611 4520 Mallard Tr. S. 10- 76100 - 260 -03 0.75 $816 $611 4516 Mallard Tr. S. 10- 76100- 270 -03 0.75 $816 $611 4518 Mallard Tr. S. 10- 76100 - 280 -03 0.75 $816 $611 4514 Mallard Tr. S. 10- 76100 - 290 -03 0.75 $816 $611 4512 Mallard Tr. S. 10- 76100- 300 -03 0.75 $816 $611 4508 Mallard Tr. S. 10- 76100- 310 -03 0.75 $816 $611 4510 Mallard Tr. S. 10- 76100- 320 -03 0.75 $816 $611 4506 Mallard Tr. S. 10- 76100 - 330 -03 0.75 $816 $611 4504 Mallard Tr. S. 10- 76100 - 340 -03 0.75 $816 $611 4500 Mallard Tr. S. 10- 76100- 350 -03 0.75 $816 $611 4502 Mallard Tr. S. 10- 76100 - 360 -03 0.75 $816 $611 Subtotal 45 TOTAL $58,650 TOTALS - Properties Single Family = 27 Townhomes = 60 (45 L.E.) Thomas Lake Woods my Of Etas Street Revitalization - Project 1020 Fig. 1 Engineering Department Location Map NO 4474 4476 NORTH 4468 Ate• 1567 1561 1555 1�1 4 4472 478 4464 N 1573 LL 1 4467- 1579 \ 4480 4482 4481 1585 4471 < 4486 _J 1 4489 1591 < U CO 4490 1597 4493 4494 1 1621 1615 4497 10 540 O� D 1*01 4529 525 4537 4535 521 4119 4531 527 523 4517 AL RD WOOC/ 4 14533 4539 \1 '4506 4500 4540 51 51 4510 45138 4534 52 i 4504 1 ' f�_ _4530 4S2 45)8 < II 1 4544 16 451 J 4546 t528 4520 5 I. 1 4536 �531 4524 Q------------------------------------------ SS ADDITION M 'T F_ LIFE THOMAS CENTER ,LEGEND Street Improvements Assessment Area Aft- Thomas Lake Woods n-.L- TlbiqflAkan Street Revitalization - Project 1020 Fig. 2 Engineering Department Assessments I Street Improvement Area EDGE MILL (6' -8' wide) T 60' ROW 50' ROW 3" BITUMINOUS SURFACE 6" CI. 5 AGGREGATE BASE Existing Typical Section 60' ROW 32' 11/2" 2360 WEAR COURSE BITUMINOUS OVERLAY BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE EX. D412 CURB & GUTTER REPLACE EX. CURB & GUTTER AS DIRECTED Bituminous Street Overlay Proposed Typical Section ,2 -4 -09 Thomas Lake Woods City of Eap Street Revitalization Fig. 3 Engineering Department Project 1020 - Typical Section THOMAS LAKE WOODS ADDITIONS STREET REVITALIZATION CITY PROJECT NO. 1020 INFORMATIONAL NEIGHBORHOOD MEETING 6:30 P.M., TUESDAY, JANUARY 12, 2010 CITY HALL CONFERENCE ROOM 1A/B Attendance: John Gorder, Assistant City Engineer, 9 property owners representing 8 properties (see attached sign -in sheet). A. Presentation of Project Details • Gorder welcomed the property owners and presented project information, including details such as construction, costs, schedule and assessments. B. Questions/ Comments • There are a few areas on the streets and curbs in the neighborhood that don't drain well. What will be done under this project to solve the drainage problems? City staff is aware of some of the poorly draining areas, and will again evaluate drainage this spring after a rainfall. Poorly draining pavements and curbs will be repaired with the street improvement. • Can the estimated assessments go up without our input? It is the City's policy that, if the contractor bid prices received this spring exceed the estimate by 10% or more, another public hearing is held by the City Council to receive public input and to evaluate all options. • How many contractor bids do you receive each year? About 5 bids from local contractors. Best -value contracting is also used by the City, where not only price, but also contractor performance is considered before award. The meeting adjourned at 7:00 p.m. 113 NEIGHBORHOOD MEETING Thomas Lake Woods Neighborhood City Project 1020 Tuesday, January 12, 2010 City of Eaka� 6:30 p.m. NAME ADDRESS 2. v� CIC U A6-e- 3. 4. J-O c- I- tci —7 TG; 5. L(S3 y i> >j 6. 7. E1 iv'! '— �f``�N /) 8. ; 14A r- P s � ��:� �c �, qiz i V ,�-. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. GAForms \Sign -In Sheets \SIGN -IN.SHT & logo.doc I H Agenda Information Memo January 19, 2010 Eagan City Council Meeting D. PROJECT 1024, KENNEBEC DRIVE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1024, Kennebec Drive (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past twenty years, the City has rehabilitated approximately 152 miles of local streets. • The resurfacing of 0.3 mile of Kennebec Drive (Silver Bell Road to Seneca Road), a commercial/ industrial street in northwest Eagan, has been programmed for 2010 in the City's 5 -Year Capital Improvement Program. • On June 2, 2009 the City Council directed staff to prepare a feasibility report considering a rehabilitation of this street. • On December 15, 2009, the feasibility report for Project 1024 was presented to the City Council and a Public Hearing was scheduled for January 19 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on January 12 for the adjacent property owners and representatives to discuss the proposed improvements. Of the five (5) total properties (all Commercial/ Industrial) proposed to be assessed under this improvement, no property owners or representatives attended the meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages i ►a through L� 116- s ,,•� � � � � _: � f - { � \ �. ., --_. -� �. .:. �,. ,r st � �_ 's - .. � . . ` ! ` �� _� " . v �:''. ��e � - � ��'�. ` � � �' �i;' �`�, . ��K , +� ,. � . „' �_ ` .a ��; "4 , i - �� ®` �� e 4' 1y, v ( �� A � < .. � �� _ � �• City of a an January 13, 2010 Mike Maguire Mayor Paul Bakken Cyndee Fields Gary Hansen Meg Tilley Council Members Thomas Hedges City Administrator Municipal Center 3830 Pilot Knob Road Eagan, MN 55122 -1810 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD Maintenance Facility 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cityofeagan.com The Lone Oak Tree The symbol of strength and growth In Our community. Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Kennebec Drive (Silver Bell Rd. to Seneca Rd.) Street Revitalization - City Project No. 1024 Dear Mayor and City Council: Attached is our report for the Kennebec Drive Street Revitalization, City Project No. 1024. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Sincerely, oJ' h P Gorder, P.E. Assistant City Engineer I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer and r the la s of the State of Minnesota. G John P. Gorder Date: ! / / Reg. No. 22813 Reviewed Bv: rinance uepi. 117 Date 1 -1310 if4, lio TABLE OF CONTENTS Page Introduction......................................................................................... ..............................1 Scope................................................................................................ ............................... 2 Feasibility and Recommendations ....................................................... ............................... 2 StreetEvaluation ................................................................................ ............................... 3 Proposed Improvements ...................................................................... ..............................4 Easements /Permits ............................................................................ ..............................5 CostEstimate ...................................................................................... ..............................5 Assessments..................................................................................... ............................... 6 Commercial/ Industrial Concrete Entrance Replacement Assessment Financing Options .......................................................... ............................... 7 RevenueSource ................................................................................ ............................... 8 ProjectSchedule ................................................................................ ............................... 8 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street Improvement/Assessment Area Map - 3 Typical Section — Overlay 1IV January 2010 Street Revitalization Kennebec Drive — Silver Bell Road to Seneca Road Eagan, Minnesota Introduction/ History As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The approximately 0.3 miles of 44' wide Kennebec Drive, from Silver Bell Road to Seneca Road, is identified for street overlay improvements in 2010 (see Appendix C for project location). This portion of Kennebec Drive was reconstructed in 1987. Based on the data and engineering/ best management strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20 years. Overlaying this roadway, which was last reconstructed 23 years ago, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the underlying street. Kennebec Drive Page 1 l Q Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of these pavements. Kennebec Drive was seal coated in 1993 and 2005. The Public Works maintenance program typically includes patching and refurbishing during the construction season two years prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the street under consideration, if necessary. These repairs alone will not substantially extend the life expectancy of the street pavement if not combined with the proposed structural bituminous overlay proposed with this project. The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no major repairs are necessary. Scope This project provides for resurfacing (edge mill and overlay) of approximately 0.3 miles of Kennebec Drive. Figure 2, located in Appendix C, illustrates the project area. Also included in this project is replacement of the damaged curb and gutter, adjustments and /or replacement to sanitary/storm sewer utility castings, water gate valves and street signage. Feasibilitv and Recommendations This project is necessary to prevent further decay of the street pavement section, create a safer driving surface, increase ride - ability and add structural strength. Kennebec Dive Page 2 1041_�%� This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of the street. By resurfacing this street along with other similar projects throughout the City, an economy of scale benefit will be realized. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2010 — 2014) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report, in conjunction with other similar projects throughout the City. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: [— PCI Recommended Improvement 56 —100 Routine Maintenance /Crack Seal /Seal Coat [36 —55 Patch /Repair and /or Overlay 0 - 35 Reconstruct The 2009 PCI ranking for Kennebec Drive has an average pavement condition rating of 34 which falls in the upper ranking of the "Reconstruct" category. While the pavement condition falls into the Reconstruct category, the types of pavement distresses do not reflect significant subgrade issues, and the existing pavement still has substantial structural strength. Therefore, a mill & overlay of this street will provide a reasonable pavement life expectancy. The 2010 construction season is the critical time to mill & Kennebec Drive Page 3 �� overlay the surface on this street, before its condition deteriorates further and warrants full reconstruction. Proposed Improvements Pavement - The proposed street improvements are shown in Figure 3. The existing street sections consist of 4.5" bituminous pavement supported by a 9" gravel base and granular sub grade material. The existing bituminous surface will be milled adjacent to the existing curb and gutter (6' -8' wide) to accommodate a 1'h -inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for a commercial/ industrial street. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb & gutter - Damaged curb and gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 16% of the existing concrete curb and gutter will have to be replaced. Boulevard turf will be removed and replaced by new 2' wide turf behind each section of curb Kennebec Drive Page 4 . I�a and gutter that is replaced. While the contractor who performs the work is responsible for it's establishment in the first 30 days after placement, adjacent property owners are encouraged to consistently water the new turf seed to help ensure its growth. Driveway Replacement — Some of the properties along this portion of Kennebec Drive were constructed with bituminous driveway entrances and are proposed to be replaced. The entrances will be reconstructed with 7% thick concrete entrance aprons in accordance with Eagan Standard Detail 440. This driveway entrance replacement provides commercial entrances of adequate strength and width and is consistent with similar past projects in commercial/ industrial areas throughout the City and the other properties within the project area. Signage - All traffic control and street identification signage within the project limits will be replaced due to diminished reflectivity, deteriorated support posts, and the signs or posts no longer meeting City and State standards. Easement/Permits All work will be in the public right -of -way. No additional easements will be necessary. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2010 construction costs and include a 5% contingency and indirect cost of 30 %, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Kennebec Drive Page 5 103 • Edge Mill and Overlay w /Signage $ 99,800 • Repair Existing Concrete Curb & Gutter $ 11,300 • Concrete Driveway Replacement $ 25,100 Total Project Cost $136,200 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for commercial/ industrial streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Street Improvements — Commercial/ Industrial - All commercial and industrial lots as shown on Figure 2, having driveway access on to Kennebec Drive within the project area are proposed to be assessed. The City's Assessment Policy states that 100% of the mill and overlay costs are assessable for commercial/ industrial streets, regardless of width. The estimated cost per front foot to be assessed based on the City Assessment Policy is $35.14/ front foot and is calculated as follows: % Commercial/ Industrial Assessable = 100% $99,800 (Mill & Overlay/ Signage Cost) 4 $35.14/ front foot 2,840 Commercial/ Industrial Front Feet Kennebec Drive Page 6 I Assessment Ratio Property City Mill and Overlay/ Signage • Commercial/ Industrial 100% 0% Repair Existing Concrete Curb and Gutter 0% 100% Concrete Entrance Replacement 100% 0% Street Improvements — Commercial/ Industrial - All commercial and industrial lots as shown on Figure 2, having driveway access on to Kennebec Drive within the project area are proposed to be assessed. The City's Assessment Policy states that 100% of the mill and overlay costs are assessable for commercial/ industrial streets, regardless of width. The estimated cost per front foot to be assessed based on the City Assessment Policy is $35.14/ front foot and is calculated as follows: % Commercial/ Industrial Assessable = 100% $99,800 (Mill & Overlay/ Signage Cost) 4 $35.14/ front foot 2,840 Commercial/ Industrial Front Feet Kennebec Drive Page 6 I Driveway Entrance Replacement - All adjacent commercial/ industrial properties with driveways not to current City standards are proposed to be assessed the total cost of driveway entrance replacement improvements on the area of driveway installed. The total driveway improvement assessment per lot is calculated based on the individual requirements needed to replace existing bituminous entrances with concrete entrances in accordance with current City standards. The estimated cost of driveway replacement is approximately $112 per square yard replaced. Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over ten years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule is an example of a $10,000 assessment with an estimated 6.5% interest for the assessed amounts: Principal Interest Cost Per Year Per Year Per Year First Year $1,000 $650 71 $1,650 Tenth Year $1,000 $65 $1,065 1 Kennebec Drive Page 7 IO)S- Revenue Source A summary of revenue sources is listed below: The City's Major Street Fund will finance the estimated project deficit of $11,300 (8% of the project total). Schedule Present Feasibility Report to City Council/ Order Public Hearing ................. .......................December 15, 2009 Neighborhood Meeting ............................... ............................... January 12, 2010 Public Hearing ............................... ............................... January 19, 2010 Approve Plans and Specifications ................... ............................... February, 2010 Award Contract ....................................... ............................... March, 2010 Project Completion .............. ............................... ........................August, 2010 Final Cost Report ............ ............................... ....................September, 2010 Final Assessment Hearing ....................................... ............................... Fall, 2010 First Payment Due with Property Tax Statement ......................... May 15, 2011 Kennebec Drive Rage 8 j l o PROJECT COST PROPERTY ASSESSMENT CITY CONTRIBUTION Mill and Overlay $ 99,800 $ 99,800 -0- Repair Existing Curb $ 11,300 -0- $ 11,300 Concrete Entrances $ 25,100 $ 25,100 -0- Totals $136,200 $124,900 $11,300 The City's Major Street Fund will finance the estimated project deficit of $11,300 (8% of the project total). Schedule Present Feasibility Report to City Council/ Order Public Hearing ................. .......................December 15, 2009 Neighborhood Meeting ............................... ............................... January 12, 2010 Public Hearing ............................... ............................... January 19, 2010 Approve Plans and Specifications ................... ............................... February, 2010 Award Contract ....................................... ............................... March, 2010 Project Completion .............. ............................... ........................August, 2010 Final Cost Report ............ ............................... ....................September, 2010 Final Assessment Hearing ....................................... ............................... Fall, 2010 First Payment Due with Property Tax Statement ......................... May 15, 2011 Kennebec Drive Rage 8 j l o Q7 Kennebec Drive - Street Improvements City Project No. 1024 Appendix A - Preliminary Cost Estimate Contract Unit Amount Item No. I Item Unit Qty Price To Date Part I - Project - Bituminous Street Overlay 2021.501 Mobilization LS 1.00 $ 7,000.00 $ 7,000.00 2232.501 Mill Bituminous Pavement (1 1/4" depth) SY 2,300 $ 0.70 $ 1,610.00 2350.501 Type LVWE45030B Wearing Course Mixture TON 850 $ 66.00 $ 56,100.00 2350.505 Type LVWE45030B Wear Course - Street Patch TON 2 $ 100.00 $ 200.00 2357.502 Bituminous Material for Tack Coat GAL 400 $ 4.00 $ 1,600.00 2504.602 Adjust Frame and Ring Casting (Manhole) EA 2 $ 400.00 $ 800.00 2504.602 Adjust Manhole Casting - Riser Adjustment EA 8 $ 185.00 $ 1,480.00 2504.602 Adjust Water Valve Box EA 6 $ 125.00 $ 750.00 2504.602 Repair Gate Valve Top Section w/ Cover EA 1 $ 175.00 $ 175.00 SP -1 Signage Remove & Replace LS 1 $ 1,000.00 $ 1,000.00 2563.601 Traffic Control LS 1.00 $ 1,500.00 $ 1,500.00 2582.502 4" Double Solid Yellow - Epoxy LF 1500 $ 0.60 $900.00 Sub Total Part 1 $ 73,115.00 Part I - Project - Bituminous Street Overlay +5% Contingencies $3,655.75 Subtotal $76,770.75 +30% Indirect Costs $23,031.23 Total Part 1 $99,802 Part 11 - Project - Repair Existing Curb & Gutter 2104.501 Remove Concrete Curb & Gutter LF 200 $ 6.00 $ 1,200.00 2104.505 Remove Bituminous Pavement SY 140 $ 3.00 $ 420.00 2104.505 Remove Concrete Valley Gutter SY 10 $ 10.00 $ 100.00 2105.526 Select Topsoil Borrow CY 10 $ 22.00 $ 220.00 2211.501 Aggregate Base, Cl. 5 (100% Crushed) TON 10 $ 15.00 $ 150.00 2350.505 Type LVWE45030B Wear Course - Street Patch TON 5 $ 100.00 $ 500.00 2506.602 Adjust Frame & Ring Casting (CB) EA 2 $ 250.00 $ 500.00 2506.602 R & R Catch Basin Casting EA 1 $ 575.00 $ 575.00 2506.602 Install 2 x 3 CB Erosion Barrier Shroud EA 2 $ 100.00 $ 200.00 2531.501 Concrete Curb & Gutter B618 LF 200 $ 16.00 $ 3,200.00 2531.604 Concrete Valley Gutter SY 10 $ 60.00 $ 600.00 2573.530 Storm Drain Inlet Protection EA 2 $ 125.00 $ 250.00 2575.505 Sodding, Type Lawn (Highland) SY 50 $ 7.00 $ 350.00 Sub Total Part II $ 8,265.00 Part II - Project - Repair Existing Curb & Gutter +5% Contingencies $413.25 Subtotal $8,678.25 +30% Indirect Costs $2,603.48 Total Part II $11,281.73 Q7 Part III - Project - Concrete Entrance Aprons Item No. 2104.501 2104.505 2104.505 2105.501 2211.511 2350.505 2506.602 2531.501 2531.503 2575.505 2575.551 Remove Concrete Curb & Gutter/ Valley Gutter LF Contract Unit Amount Item I Unit I Qty Price To Date Remove Concrete Curb & Gutter/ Valley Gutter LF 120 $ 6.00 $ 720.00 Remove Concrete Driveway/ Valley Gutter SY 75 $ 6.00 $ 450.00 Remove Bituminous Pavement SY 135 $ 4.75 $ 641.25 Common Excavation CY 30 $ 18.75 $ 562.50 Aggregate Base, CL. 5 (100% Crushed) TON 30 $ 15.00 $ 450.00 Type LVWE45030B Wear Course - Street Patch TON 10 $ 100.00 $ 1,000.00 R & R Catch Basin Casting EA 2 $ 575.00 $ 1,150.00 8612 Conc Curb & Gutter LF 40 $ 15.00 $ 600.00 7" Conc Apron Incl. Curb & Gutter (High - Early) SY 225 $ 55.00 $ 12,375.00 Sodding SY 40 $ 7.00 $ 280.00 Compost Grade 1 TON 5 $ 27.00 $ 135.00 M Subtotal 18,370.00 +5% Contingencies 920.00 Subtotal 19,290.00 +30% Indirect Costs 5,790.00 Total Part III 25,100.00 Total Project Cost = $136,184 Appendix B - City Project 1024 Kennebec Drive Preliminary Assessment Roll ja7 Street D/W Front Rate/ Overlay D/W Rate D/W Total Plat Address P.I.D. Foot F. F. Assessmt (SY) (SY) Assessmt Assessmt L1, B1 Cedar Bluffs Business Center 3711 Kennebec Drive 10- 16575 - 010 -01 594 $35.14 $20,873 $20,873 L2, B1 Cedar Bluffs Business Center 3707 Kennebec Drive 10- 16575- 020 -01 314 $35.14 $11,034 $11,034 L1, B1 Crestwood Addition 3703 Kennebec Drive 10- 18530 - 010 -01 537 $35.14 $18,870 $18,870 L2, B1 Cedar Industrial Park 1980 Seneca Road 10- 16800 - 021 -01 331 $35.14 $11,631 70 $112 $7,840 $19,471 L1, B1 Silver Bell Commons 1999 Silver Bell Drive 10- 68200 - 010 -01 1064 $35.14 $37,389 155 $112 $17,360 $54,749 Total Assessments 1 2,840 $99,800 225 $25,200 $125,000 ja7 11 -27 -09 Kennebec Drive City Of E*n Street Revitalization -Project 1024 Fig. 1 Engineering Department Locatipn Map LEGEND Street Improvements - Assessment Area Kennebec Drive City JEEku Street Revitalization -Project 1024 Fig. 2 Engineering Department Assessments / Street Improvement Area 13) EDGE MILL! (6' -8' wide) T Z7 kiL..7 MUUMMU^ I C O/1JC Existing Typical Section ROW VARIES 44' 11/2" 2360 WEAR COURSE BITUMINOUS OVERLAY BITUMINOUS TACK COAT 41/2" BITUMINOUS SURFACE 9" CL. 5 AGGREGATE BASE :R REPLACE EX. CURB & GUTTER AS DIRECTED Bituminous Street Overlay Proposed Typical Section Aft City of Kennebec Drive Wan Fig. 3 Engineering Department Typical Sections Project 1024 Agenda Memo January 19, 2010 VI. 2010 CALENDAR YEAR CITY ORGANIZATIONAL BUSINESS Each calendar year, Organizational Business is considered at the second regular City Council meeting in January. The items that require action of the City Council include: A. Acting Mayor B. Official Legal Newspaper C. City Council Meeting Dates D. City Council Meeting Procedures E. Standing Committee Appointments / Representative Appointments ACTING MAYOR A. Acting Mayor — There is a statutory requirement that a member of the City Council be appointed as Acting Mayor. All Councilmembers are eligible for this appointment. The Acting Mayor presides in the absence of Mayor Maguire at Council meetings and all other activities pertaining to the City of Eagan. Councilmember Paul Bakken was Acting Mayor in 2009. REQUESTED ACTION: The Mayor is asked to appoint a member of the City Council as Acting Mayor, which must be ratified by the City Council. OFFICIAL LEGAL NEWSPAPER B. Official Legal Newspaper — There is a statutory requirement to designate a legal newspaper as the official newspaper for the City. The City can only designate a legal newspaper of general circulation in the City as its official newspaper for publication of items required by law, and other matters that the Council deems advisable and in the public interest to be published. The City has received proposals from This Week / Dakota County Tribune, Inc. and Sun Newspapers. An actual cost comparison is difficult because of different type sizes, characters per line and lines per inch. The cost difference is not a significant factor in total. Currently, Thisweek Newspaper is the designated official legal newspaper. Deadlines for publication and publication dates match up much better with City activity with the Eagan Thisweek. Any agenda published in the Sun Current would need to be submitted to the paper more than one week in advance of the meeting and would be incomplete and may change between publication and the meeting. Tribune This Week Sun Current Legal Notices Deadline Tues 11:00 am Tues 4 pm Thurs 2 pm Publication Thursday Friday Wednesday 133 Tribune This Week Sun Current Agendas Deadline Tues 11:00 am Tues 4 pm Wed 5 pm Publication Thursday Friday Wednesday Proposals are attached on pages L� through I � q REQUESTED ACTION: Approve retention of Thisweek Newspaper as the City of Eagan's official legal newspaper. CITY COUNCIL MEETING DATES C. City Council Meetings — The City Council must designate the dates and times of regular City Council meetings, which have traditionally been the first and third Tuesday of each month at 6:30 p.m. A tentative schedule is attached on page 14 designating the first and third Tuesdays as regular City Council meeting dates, with the exception of February 2, (Party Caucuses), February 1 is recommended for that day; August 3 (National Night Out), August 2 is recommended for that day, November 2 (Election Day), November 4 is recommended for that day. The first meeting in December may need to be changed once the date for Truth in Taxation is set. A Listening Session will be held at 6:00 p.m. before each regular City Council meeting. Also included on pagelid] is a list of workshops to be scheduled at 5:30 p.m. the second and fourth Tuesdays of each month on an as needed basis. The only change that could occur would be August 10 should it be determined by the Legislature to be the primary election date. The fourth Tuesday is listed as tentative and may not be necessary. If the Council prefers an alternate date to the ones proposed on the schedule, this should be discussed at the meeting. REQUESTED ACTION: Approve or modify the 2010 Schedule of City Council Meetings as presented noting the alternate dates, if any. CITY COUNCIL MEETING PROCEDURES D. Council Meeting Procedures — The City Council has adopted Robert's Rules of Order to govern all business conducted at Regular City Council meetings. Enclosed on page is a copy of an outline of a Regular City Council agenda for use by the Mayor and City ouncilmembers as to how Robert's Rules will apply to the overall agenda. Also included on pages 1 q3 through � is a guideline of meeting procedures for use by the public when attending Regular City Council meetings. The audiences can vary from a school age child to a resident who may be attending their first meeting to an applicant who is very sophisticated in making presentations to City Councils nationwide. Therefore, the guideline was written for a diverse audience while retaining the main purpose to provide information and awareness on how a citizen can interact with the City Council during a Regular City Council meeting. REQUESTED ACTION: To acknowledge Robert's Rules of Order as the means to conduct official business at all Regular City Council meetings, and approve the attached guidelines/handout for public participation in City Council meetings. 131 Visitors to be Heard - It has been past practice and policy that during the City Council filing period July — November, during an election year, the Visitors to be Heard segment of the meeting shall occur for a period of time not to exceed ten minutes and will not be televised. REQUESTED ACTION: Ratify Council's past practice and policy that during the City Council filing period (July — November), Visitors to be Heard shall occur for a period of time not to exceed ten minutes and shall not be televised during this time. Adding an Item to the Agenda It has been the past practice of the City Council to require two members of the City Council to make a request of the City Administrator that an unscheduled item be added to a City Council meeting agenda. For example, if a resident has a concern needing a timely response and at least two members of the City Council would like to discuss the concern, the two Councilmembers could request that the City Administrator include the concern on the next workshop or regular City Council meeting. This practice of requiring two members of the City Council to place an item on an agenda does not usually apply to items of business that are already scheduled to go through the regular process and procedures such as development proposals, ordinance amendments, etc. If it is the Council's understanding that this again be the practice for 2010, formal ratification of the policy is requested. REQUESTED ACTION: Formally ratify the practice that at least two members of the City Council must make the request of the City Administrator to place an item on an upcoming City Council agenda. COUNCIL STANDING COMMITTEE AND REPRESENTATIVE APPOINTMENTS E. Council Committee Appointments — Standing committees of the City Council have been used to examine a specific subject matter at the request of the City Council. The 2009 standing committees are as follows: The Mayor and Council shall determine if members change or stay the same. Standing Committees: Finance Committee: Mayor Maguire and Councilmember Bakken Public Works Committee: Councilmember Fields and Councilmember Bakken Personnel Committee: Mayor Maguire and Councilmember Fields Communications Committee : Councilmember Tilley and Councilmember Hansen Advisory Commission Liaisons: Advisory Parks and Recreation Commission: - Councilmember Tilley Advisory Planning Commission — Councilmember Hansen Airport Relations Committee — Councilmember Fields Telecommunications/Broadband Commission (if formed) — Councilmember Bakken 1� Intereovernmental Committee Appointments: Minnesota Valley Transit Authority Board - Councilmember Hansen Municipal Legislative Commission Board — Mayor Maguire (appointed Chair of MLC in 2008) Cedar Corridor Committee — Mayor Maguire (City Administrator as alternate) Monthly Mayor/Manager Breakfasts — Mayor Maguire MSP Noise Oversight Committee — Councilmember Fields (Assistant to Amin. Miller as alternate) Municipal Legislative Commission: Mayor Maguire Dakota County Communication Board — Councilmember Hansen (Councilmember Fields as alternate) MSP Noise Oversight Committee — Councilmember Fields (Assistant to City Administrator Miller as alternates) Eagan Convention and Visitors Bureau — Mayor Maguire Other: Testimony at Legislature — all as needed Metro Cities Board of Directors — Mayor Maguire Caponi Art Park Board — Parks and Recreation Director Seydell- Johnson Breakfast with Mayor / Chamber of Commerce — Mayor Maguire Fire Relief Association Board of Trustees — State Statute 424A.04 requires that a relief association that is directly associated with a municipal fire department must be managed by a board of trustees consisting of nine members. Six trustees must be elected from the membership of the relief association and three trustees must be drawn from the officials of the municipality served by the fire department to which the relief association is directly associated. The three municipal trustees must be one elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually and the chief of the municipal fire department. In addition to Fire Chief Scott, the annual designations have been the Mayor and the Director of Administrative Services. REQUESTED ACTION: Ratify the appointed members of Council standing committees, intergovernmental committees and other appointments as amended. 13(� imm 1S'Mt9 S 12190 County Road 11 Burnsville, Minnesota 55337 DAKOTA COUNTY TRIBUNE. INC. 952- 894 -1111 • Fax 952- 846 -2010 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 December 8, 2010 Please accept this bid for legal newspaper for the City of Eagan. We have a dedicated staff as well as the largest circulation to handle your legal notices in an efficient manner. We continue to implement new changes in the newspaper to benefit our Eagan readers. We feel it is important to provide the city's legal notices in addition to the news stories, features and photographs of local events that we offer each week. We would like to print your legal notices in Thisweek Newspapers Burnsville /Eagan edition. By designating Thisweek Newspapers as your legal newspaper, your legal notices will reach 23,217 homes. Our deadlines are excellent; notices received by Tuesday 4 p.m. will be printed in our Friday publication. Our prices are not increasing for 2010. Our staff is very experienced in helping municipalities place their legal notices. We would prefer to accept your legal notices by e -mail at bv.legals@ecm- inc.com. However, we can also accept your legal notices by fax at 952- 846 -2010. If you have any questions, please feel free to call me at 952 -846 -2007. Thank you for your consideration. Si e ly, Eva Mooney Business Manager Enclosure (1) 13`7 ThOdma ll%-Vv e, "ws aM s Quotation Form for City of Eagan Thisweek Burnsville /Eagan Number of lines per column inch Printed characters and spaces per line Total characters and spaces per column inch Per line cost Per column inch cost Per column inch cost for e- mailed (Word or InDesign notices) ads Circulation Legal notice deadline Tuesdays @ 4 p.m. 10 Average 45 Average 450 $0.95 $9.50 $9.00 23,217 Date 12/08/2009 By Eva Mooney Business Manager rya 09166' Beacon PsEssSNEWS 001ft Sun Patriot n 01111111ft Newspapers ofillwattr Oa3ettP AMMILCOM 116 East River 408 E. Main St. 33 Second St. N.E. 10917 Valley View Road 8 Elm Street South 1931 Curve Crest Blvd. Monticello, MN 55362 Melrose, MN 56352 Osseo, MN 55369 Eden Prairie, MN 55344 Waconia, MN 55387 Stillwater, MN 55082 November 2009 City of Eagan City Council 3930 Pilot Knob Road Eagan, MN 55122 Dear City Council Members: The Eagan Sun - Current would like to be considered for designation as the legal newspaper for the City of Eagan for the upcoming year. All published legal notices are posted on our website (www.mnsun.com) at no additional charge. This is an enhancement to the local news coverage already available on the Internet and will broaden the readership of your legal notices. One of the main benefits of publishing your legal notices with the Sun- Current is our FREE home delivery. Sun Newspapers has become the primary source of community news in the suburbs. Your notices in our paper have the best chance of being seen and read. Despite rising costs of operating our newspapers, there will be no rate increase. Our legal prices will remain the same. The rate structure for legals effective the first of the year will be: 1 column width: $6.39 per inch for first insertion / $3.38 per inch for subsequent insertions Our columns are 14 picas wide. There are 11 lines per inch Because price comparisons between newspapers are difficult due to differences in column width, font size, etc., we would be happy to provide a price quote on an e- mailed submission. Two notarized affidavits on each of your publications will be provided with no additional charge. The deadline for regular length notices is 2:00 p.m. the Thursday prior to publication. E- mailing the legal notices is an efficient and accurate way of getting the notices to us. The e -mail address for the legals department is sunlegals @acnpapers.com. If you require more information to make your deci- sion, please contact me or Mary Ann Carlson, our Legals Representative, at 952 - 392 -6829. Thank you for considering the Sun - Current as the official newspaper for the City of Eagan for the upcoming year. We appreciate the opportunity to serve the needs of your community. Sincerely, Jeff Coolman Vice President and Group Publisher In the Community • With the Community • For the Community 2010 SCHEDULE OF REGULAR CITY COUNCIL MEETINGS JANUARY 5 MAY 4 SEPTEMBER 7 JANUARY 19 MAY 18 SEPTEMBER 21 FEBRUARY 1* Monday JUNE 1 OCTOBER 5 FEBRUARY 16 JUNE 15 OCTOBER 19 MARCH 2 JULY 6 NOVEMBER 4 * ** Thursday MARCH 16 JULY 20 NOVEMBER 16 APRIL 6 AUGUST 2 ** Monday DECEMBER 7 APRIL 20 AUGUST 17 DECEMBER 21 * Monday, February 1 due to Party Caucuses ** Monday, August 2 due to National Night Out ** * Thursday, November 4 due to Election Day There will be a Listening Session at 6:00 p.m. before each regular Council meeting. `qo 2010 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS JANUARY 12 MAY 11 JANUARY 26 (tentative) MAY 25 (tentative) FEBRUARY 9 JUNE 8 FEBRUARY 23 (tentative) JUNE 22 (tentative) MARCH 9 MARCH 23 (tentative) APRIL 13 APRIL 27 (tentative) JULY 13 JULY 27 (tentative) AUGUST 10* SEPTEMBER 14 SEPTEMBER 28 (tentative) OCTOBER 12 OCTOBER 26 (tentative) NOVEMBER 9 NOVEMBER 23 (tentative) DECEMBER 14 AUGUST 24 (tentative) DECEMBER 28 (tentative) *August 10 could possibly be the primary election — to be determined when Legislature votes jq1 AGENDA FORMAT 1. Call to Order 1. 1. Mayor customarily tolls City bell and returns to place at Council table 2. Pledge of Allegiance 2.1. Mayor states, "Please rise and join mein the Pledge of Allegiance" 2.2. Mayor leads in the Pledge 3. Roll Call 3. 1. If appropriate, Mayor states "The Secretary will please note that (Mayor /Councilmember) has provided notice by (written correspondence /telephone message) that (he /she) is unable to attend this meeting. 4. Adopt agenda* 4.1. Mayor states, "The Council will now consider adoption of the agenda." 4.1.1. If no Member or the City Administrator requests recognition for any change, Mayor prompts, "Is there a motion to adopt the agenda ?" 4.2. Member requests recognition, "Mayor Geagan, (may I be recognized) for (the purpose of making) a motion ?" 4.3 Mayor recognizes Member, "Member (has the floor)." 4.4 Member makes a motion, "Mayor Geagan, I make the following motion." 4.4.2.1. "To delete item (item identification letter) under (agenda category)." or 4.4.2.2. "To add item (item identification letter) under (agenda category), which should read, (text of proposed new item) ". or 4.4.2.3. "To substitute for item (item identification letter) under (agenda category) the following item, which should read, "(Text of proposed item)." or 4.4.2.4. "To separate item (item identification letter) under (Consent Agenda), and move to (agenda category)." 8. Consent Agenda* 8.1. Items can be pulled for separate action 9. Public Hearings (6:45 PM)* 10. Old Business* 11. New Business* 13. Legislative/Intergovernmental Affairs Update* 14. Economic Development Authority 15. Administrative Agenda* 16. Visitors to Be Heard 17. Closed Session 18. 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Ei FFnn 0 � U U d o m o ¢ d 8 a a 0 C's 04 bn to 0 9 °ate 8.p 45 0 Z o y U j b -� a zi °" ca a as 0 c� 4 w CV M �' vi �G l� 00 2 O A "C1 O o y d4 p O N y 0_�E� W cg �• b v; aUi 3 3 �s ° y LL by y L y o ODU° ti 'bg a� W c 4y i=- U )44 ti b0 �+ 5 Cd ° CL lono v �• c 3 0 0 w 0 O 0 H F o )44 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER JANUARY 19, 2010 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. APPROVE Resolution Designating Recovery Zones in the Cedar Grove and Northeast Eagan Redevelopment Districts and Authorize submittal of an Application to the Dakota County CDA for Recovery Zone Facility Bond Authority F. EDA Organizational Business G. OTHER BUSINESS H. EXECUTIVE SESSION to consider Settlement Agreements for Acquisition of Pavlik and Sanford Properties in TIF District #2 -5. I. ADJOURN l41 S-" Agenda Information Memo Eagan Economic Development Authority Meeting January 19, 2010 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ( "EDA ") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. 1. APPROVAL OF MINUTES— The minutes of the January 5, 2010 EDA meeting are enclosed on pages S> N� MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota January 5, 2010 A meeting of the Eagan Economic Development Authority was held on Tuesday; January 5, 2010 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Hansen and Commissioner Fields. Commissioner Tilley was absent. Also present were Executive Director Hedges, Community Development Director Hohenstein and, City Attorney Dougherty. ADOPT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 CONSENT AGENDA' Commissioner Bakken moved, Commissioner Fields: seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay 'D It was recommended to approve the minutes of the December 1, 2009 EDA meeting as presented. OLD BUSINESS There were no Old Business items. NEW BUSINESS NORTHEAST EAGAN REDEVELOPMENT DISTRICT Community Development Director Hohenstein discussed a proposed assessment agreement for additional acquisition costs for the assembly of property for the Blue Gentian Corporate Center project. Commissioner Bakken moved, Commission Hansen seconded a motion to approve an assessment agreement for additional acquisition costs for the assembly of property for the Blue Gentian Corporate Center project for future consideration by the EDA. Aye: 4 Nay: 0 W7 REDEVELOPMENT DISTRICTS — AUTHORIZE SUBMITTAL OF LETTER OF INTEREST TO DAKOTA COUNTY FOR CONSIDERATION OF A RECOVERY ZONE BONDING ALLOCATION Community Development Director Hohenstein discussed the proposed submittal of a Letter of Interest to Dakota County for consideration of a Recovery Zone Bonding Allocation for projects in Cedar Grove and Northeast Eagan Redevelopment Districts. Commissioner Hansen moved, Commissioner Bakken secdrided a motion to authorize the submittal of a Letter of Interest to Dakota County for Consideration of a Recovery Zone Bonding Allocation for projects in fhe''Cedar Grove and Northeast Eagan Redevelopment Districts. Aye: 4 Nay: 0 OTHER BUSINESS There were no Other Business items. ADJOURNMENT President Maguire adjourned the meeting at'1�0:05 p.m. =Aye: 5 Nay: 0 Date Thomas Hedges, Executive Director 1qP Agenda Memo Eagan Economic Development Authority Meeting January 19, 2010 New Business 1. REDEVELOPMENT DISTRICTS — ESTABLISH RECOVERY ZONES AND AUTHORIZE SUBMITTAL OF APPLICATIONS LETTER OF INTEREST TO DAKOTA COUNTY FOR CONSIDERATION OF A RECOVERY ZONE BONDING ALLOCATION ACTION TO BE CONSIDERED: 1. To adopt a resolution to create the Cedar Grove Redevelopment Area Recovery Zone. 2. To adopt a resolution to create the Northeast Eagan Redevelopment Area Recovery Zone. 3. To authorize the submittal of applications to Dakota County for Consideration of a Recovery Zone Bonding Allocation for projects in the Cedar Grove and Northeast Eagan Redevelopment Districts and authorize the EDA officers and Mayor and City Clerk to execute the necessary documents. FACTS (New Information in Bold): • As a part of the American Recovery and Reinvestment Act, two forms of "Recovery Zone" bonds were created and allocated for use by counties. Dakota County is authorized to issue up to $13,966,000 in Recovery Zone Economic Development Bonds, which are for governmental purposed, and up to $20,949,000 in Recovery Zone Facility Bonds, which may be used to finance private activities. The latter are similar to industrial development bonds, but can be applied to a wider range of private uses than IDBs can be. • On December 15, 2009, the Dakota County Board adopted a resolution to apply the RZED Bonding authority to the support of CDA senior housing projects and to have the County Administrator coordinate the solicitation of potentially eligible projects for RZF Bonds from cities and he has directed Mark Ulfers and his staff at the Dakota County CDA to develop an application process for that purpose. The application forms and procedure were targeted to be released during the week of December 28. • City staff met with CDA and County staff on December 22 and it appears that the turnaround time on the identification of projects will be short and that it will be necessary to concentrate on projects that would participate in a more detailed financial review in the first quarter of the year and that could be ready to proceed in time to issue the bonds by the expiration of the authority at the end of 2010. • One project that the CDA has noted could be eligible is the hotel project at Cedar Grove. The projects need to be credit worthy and market supportable, so the bonds cannot be used for purely speculative projects, but the attachment notes the potential advantages for projects that could proceed but for the challenges of the current 141 commercial credit market, which you have noted in comments in the past. Another project that may be eligible for use of the tool would be the Blue Gentian Corporate Center, if leasing or market support is present during the review timeframe. • At present, it appears that the pool of potential projects eligible to use the bonds will be relatively small. To date, CDA is aware of one other project outside of Eagan that might qualify, but it won't be known for certain until the solicitation goes out and responses are received. • At its meeting of January 5, 2010, the EDA authorized staff to submit a letter of interest to the CDA for the possible use of RZF Bonding authority for eligible projects in the Cedar Grove Redevelopment District and the Northeast Eagan Redevelopment District. • Since that action, the CDA has distributed application materials and criteria for consideration of eligible projects. The application deadline is January 29, 2010. While additional detail will be developed in advance of that date, staff is asking for EDA adoption of resolutions and authorization at this time to permit completion of the application materials. • Staff has also held initial an initial meeting with representatives of Doran Development and Minnesota Hospitality Incorporated, the developers of the proposed hotel project in the Cedar Grove Redevelopment, and representatives of McGough Development, the developers of the proposed Blue Gentian Corporate Center project in Northeast Eagan. Both have expressed interest in pursuing a bonding allocation through the City and have committed to covering the application fee. $7.5 million in authority is proposed for the Cedar Grove project and $13.6 million in authority is proposed for the Blue Gentian Project. • Staff has also consulted with the City's bond counsel, Faegre and Benson, who has confirmed that the City would be qualified to issue the bonds under the Act and that a number of factors, including the adoption of the redevelopment districts and the occurrence of foreclosures and job reductions at businesses within the community would meet the criteria necessary for the EDA to define and create Recovery Zones in the redevelopment areas noted. • As noted in the CDA's procedural manual, the application submittal and review are first steps. The EDA will have additional opportunities to review the proposed projects prior to the finalization of the process and the issuance of any bonds. ATTACHMENTS: Ehlers and Associates memo summarizing the proposed applications and related information on paged through L_ Recovery Zone Facility Bond Dakota County application materials on pages 68 through U9 Resolu ons for the Establishment of Recovery Zones in Eagan and related maps on pages through I co %SD Memo To: Eagan City Council Members From: Rebecca Kurtz and Bruce Kimmel, Ehlers Date: January 14, 2010 Subject: Application for Allocation of Recovery Zone Facility Bonding Authority Background: As a part of the American Recovery and Reinvestment Act of 2009, Recovery Zone Facility Bonds were created with the goal of stimulating job creation and economic recovery by enabling local governments to finance certain projects at lower borrowing costs through tax exempt financing. Dakota County has been authorized to issue to up $20,949,000 in Recovery Zone Facility Bonds, which may be used to finance private activities for a "qualified business." A "qualified business" is any business except the rental to others of residential rental property and certain other uses including golf courses, country clubs, gambling facilities and off -sale liquor stores. While these are tax exempt bonds, the bonds are pure conduit bonds, and are not obligations of the City. The benefit of financing a project with Recovery Zone Facility Bonds is a lower interest rate, due to the tax exempt status, and/or better financing terms for the project, such as better debt to equity requirements. These bonds must be issued prior to January 1, 2011. As you are aware, two projects have been identified as potential applicants for the Allocation: (1) Doran Development and Minnesota Hospitality Incorporated are proposing a 90 -unit hotel project in the Cedar Grove Redevelopment Area; and (2) McGough Development is proposing the development of the Blue Gentian Corporate Center in Northeast Eagan. Doran Development and Minnesota Hospitality Incorporated Project Description: Doran Development and Minnesota Hospitality Incorporated are proposing the development of two hotels connected through a common area. This project is located in the Cedar Grove TIF District. The application for bonding authority is for the construction of Phase 1. The proposed first phase includes an approximately 90 -unit hotel and a common area, which will become the link to the second hotel developed in a future phase. The expected cost of development and the allocation request is for the proposed hotel development is $7.5 million. McGough Blue Gentian Corporate Center Project Description: McGough Development is proposing the development of the Blue Gentian Corporate Center, a two phase office development in Northeast Eagan. This project is located in Tax Increment Financing District No. 2- 5. The application for allocation of bonding authority is for Phase I only, which consists of an 80,000 square foot office building. Phase II is planned to be a 150,000 square foot office building. t5i www.ehlers- inc,com EH L E RS Minnesota phone 651 - 697 -8500 3060 Centre Pointe Drive LEADERS IN PUBLIC FINANCE Offices also in Wisconsin and Illinois fax 651 - 697 -8555 Roseville, MN 55113 -1122 toll free 800 - 552 -1171 Phase I will consist of a 2 story building with 40,000 square foot floorplates. The project includes construction of a surface parking lot, and an atrium lobby on the west side of the building. The building will be planned for future connection to Phase II. Expected uses in Phase I could include a series of data centers, providing redundant back up to organizations in different locations in the Twin Cities, call centers for support to a number of organizations, or any other general office use. The building has been planned to allow for multiple tenants in the building so that smaller users (from 10,000 square feet) would be suitable for occupancy in the building. The expected cost of development, including an allocable share of the total land and development costs on the site, and including full tenant finishes is expected to be $13.6 million. Next Steps: Ehlers will be working with Staff to continue to finalize the details for each development and complete the application form for submittal to the Dakota County Community Development Agency by January 29. ISa, DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY On behalf of Dakota County, Minnesota Application Form APPLICATION FOR ALLOCATION OF Paee 1 or 1 RECOVERY ZONE FACILITY BONDING AUTHORITY NAME OF ISSUER: NAME OF PROJECT: LOCATION OF PROJECT: AMOUNT OF ISSUANCE AUTHORITY REQUESTED: ANTICIPATED BOND ISSUANCE DATE: DESCRIPTION OF PROJECT: THIS COMPLETED APPLICATION FORM MUST BE ACCOMPANIED BY: 1. A nonrefundable application fee payable from the applicant to Dakota County of $20 for each $100,000 amount of issuance authority being requested with the request rounded to the nearest $100,000, or $500, which is greater; 2. A resolution adopted by the governing body establishing a Recovery Zone, or a statement from the applicant that the project will be located in an Empowerment Zone or Renewal Community area; 3. A map showing the location of the Recovery Zone, Empowerment Zone, or Renewal Community area; 4. A statement of the criteria used for establishment of the Recovery Zone (if applicable); 5. A statement from the applicant's bond counsel that the local government issuer is qualified to issue bonds under State and Federal Tax Law, the proposed issue of obligations qualifies under the American Recovery and Reinvestment Act as a Recovery Zone Facility Bond; and the procedural steps that remain to be taken prior to issuance of the bonds. 6. Evidence of site control. 7. A project information worksheet. The following official of the issuer is designated as the contact person: NAME: TITLE: ISSUER: ADDRESS: CITY /STATE /ZIP: EMAIL: PHONE NO: ( ) THE UNDERSIGNED CERTIFY THE ACCURACY OF THE ABOVE INFORMATION SUBMITTED WITH THIS APPLICATION: Mayor or Chief Administrator of Local issuer Date Attorney for Local Issuer or Bond Counsel Date Send one original copy to: Dakota County Community Development Agency 1228 Town Centre Drive Eagan, MN 55123 Attn: Recovery Zone Facility Bond Applications Deborah Haugh 155 DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY Scoring Worksheet INFORMATION WORKSHEET Adopted January Page I of I FOR RECOVERY ZONE FACILITY PROJECTS NAME OF ISSUER: NAME OF BUSINESS: ADDRESS OF BUSINESS: LOCATION OF THE PROJECT (if different): AMOUNT OF ALLOCATION REQUESTED: The following information will be used to award an allocation if competing applications are received: Threshold Requirements Met: Yes No 1. A description of the project including the type of business to be conducted, size and anticipated cost of developing the project. 2. Direct new jobs created in Dakota County within the next 2 years: _ 3. Direct existing jobs retained in Dakota County within the next 2 years: 4. Average hourly wage paid to employees by the proposed project within the next 2 years (exclusive of benefits mandated by law): 5. Net market value increase due to the project and the year in which fully realized: $ (year) 6. If an existing business: Jobs currently provided by the business in Dakota County Jobs currently provided elsewhere in the State of Minnesota Certification: The issuer certifies that the above information is true and correct to the best knowledge of the undersigned. Name/Title /Issuer: Signature: Send one original copy to: Dakota County CDA 1228 Town Centre Drive Eagan, MN 55123 Attn: Recovery Zone Facility Bond Applications Deborah Haugh /S� Date: Dakota County, Minnesota PROCEDURESFOR APPLICATION AND ALLOCATION OF RECOVERY ZONE FACILITY BONDING AUTHORITY wtivW.', akotacaunty.us January 2010 Table of Contents Page # I. Introduction ......................................................................... ..............................1 II. Policy Statement ................................................................. ..............................1 III. Definitions ........................................................................... ..............................2 IV. Application Procedures ....................................................... ..............................4 V. Legal Compliance ............................................................... ..............................5 Related Documents Application for Allocation of Recovery Zone Facility Bonding Authority Information Worksheet for Recovery Zone Facility Bond Projects ISCe Application and Allocation of Recovery Zone Facility Bondino Authority 1 I. Introduction The American Recovery and Reinvestment Act of 2009 ( "ARRA ") authorizes the issuance of Recovery Zone Facility Bonds, a type of bond intended to provide economic incentive to projects in distressed areas by granting tax incentives. The stated purpose of Recovery Zone Facility Bonds is to promote job creation and economic recovery in areas particularly affected by employment declines. Dakota County has received $20,949,000 of Recovery Zone Facility Bond volume cap allocation from the federal government and has requested that the Dakota County Community Development Agency assist in the process of educating potential users of this allocation, providing a process by which potential issuers may apply for allocation, and encouraging the effective use of this tool within Dakota County. Recovery Zone Facility Bond volume cap allocation permits an equivalent amount of bonds to be issued as tax exempt bonds, when interest on such bonds would otherwise be taxable. The following summary timeline will be followed in seeking applicants and granting bonding authority: 2010 January _ ...................Distribution of application materials January 20 . ..................Informational session conducted at Agency offices January 29 ...................Applications due to the Agency February 9 ...................Applications and summary of requests provided to the County Board March 31 .. ...................Notification of initial bond allocation to issuers approved by Dakota County — authority expires in 90 days unless bonds are issued or an extension is requested and approved June 1 .......................... Request for extension must be submitted to Agency to retain unissued RZFB authority from March 31 allocation June 30 .......................Deadline for issuance of bonds unless extension is granted Ongoing .. .....................Subsequent application rounds for any unallocated RZFB authority will be scheduled as needed. Interested parties are encouraged to contact the Agency to discuss their timing needs. September 31 ..............Unallocated authority may be returned to the State December 31 ............... Final day statutorily for RZFB issuance This application and allocation process was developed to prescribe the policies and procedures to be used when allocating the County's bonding authority for the issuance of Recovery Zone Facility Bonds (RZFBs). The process will be monitored by the Agency. Actual approval of allocation of RZFB authority must be done by the County. In agreeing to allocate its RZFB Authority, neither Dakota County, nor the Agency acting on its behalf, assume any liability with respect to the project feasibility, the quality or structuring of the offering, representations made to investors, the security or tax - exempt status of the obligations issued, the repayment of any financing; or the establishment or validity of the Recovery Zone designation. Applications will only be accepted from local units of government in Dakota County that are authorized under Federal Tax law to issue bonds. Applicants are required to possess financial advisors and bond counsel knowledgeable regarding the developmental, legal, and financial aspects of RZFBs and the project to be financed. II. Policy Statement Allocation of RZFBs is undertaken pursuant to the American Recovery and Reinvestment Act of 2009 (ARRA) and the Internal Revenue Service (IRS) tax code. Recovery Zone Facility Bonds are tax - exempt private activity bonds, similar to Industrial Revenue Bonds. Qualifying projects are defined as "Recovery Zone Property" and generally include any depreciable property that is to be constructed, reconstructed, renovated, or acquired by a private user within a recovery area as designated by the Dakota County, Minnesota 157 Application and Allocation of Recovery Zone Facility Bonding Authority 2 issuer. Projects can be for any trade or business conducted within economic development areas, except a) residential rental and b) the operation of businesses such as a private or commercial golf course, country club, massage parlor, hot tub facility, suntan facility, racetrack or other facility used for gambling, or off -sale liquor sales. Dakota County has been allocated $20,949,000 of RZFB bonding authority by the U.S. Department of the Treasury. Dakota County can re- allocate its bonding authority to local units of government within the County or to the State of Minnesota in accordance with ARRA and the IRS tax code. Dakota County will allocate its bonding authority in accordance with these procedures. Dakota County will not issue RZFBs on its own behalf, on behalf of any other government jurisdiction in Dakota County, or on behalf of a private entity. By these procedures, Dakota County will consider allocating its bonding authority to other qualified governmental jurisdictions so they may issue RZFBs on behalf of designated project(s). Per ARRA, a qualifying project must be located in a Recovery Zone having significant poverty, unemployment, rate of home foreclosures, or general distress; or within an area that is economically distressed by reason of the closure or realignment of a military installation; or within a designated Empowerment Zone or Renewal Community area. Recovery Zone Facility Bonds must be issued by December 31, 2010, according to Federal Tax Law. The County will review the indicated criteria under which a Recovery Zone is to be established, but assumes no responsibility for the eligibility of such Recovery Zone for purposes of RZFB issuance. III. Definitions "AGENCY" — the Dakota County Community Development Agency "AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009, OR ARRA"— Federal legislation enacted in 2009 that authorizes the issuance of Recovery Zone Facility Bonds and prescribes eligible uses, allocation limits, and deadline for issuance. "APPLICANT" — the local unit of government that is applying to the County to be granted RZFB bonding authority. Applicants must be qualified to issue such obligations under Federal Tax Law. "APPLICATION FEE" — the non - refundable fee that is payable to the County by each applicant and must accompany the submitted application form. The fee is equal to $20 for every $100,000 of entitlement requested rounded up to the nearest $100,000, or $500, whichever is greater. "APPLICATION FORM" — the form established by the County that must be submitted by the applicant to the County to apply for bonding authority to issue Recovery Zone Facility Bonds. "BOARD, OR COUNTY BOARD" —the Dakota County Board of Commissioners. "BOND" — a qualified Recovery Zone Facility Bond issued in accordance with the American Recovery and Reinvestment Act of 2009 and Federal Tax Law. "BOND COUNSEL" — the attorney or firm of attorneys, appointed by the local government issuer, who will render an approving legal opinion as to the bonds and as to the qualified tax - exempt status of the Bonds. 'COUNTY"— Dakota County, Minnesota "EMPOWERMENT ZONE" — an economic development area authorized by the U.S. Department of Housing and Urban Development. Dakota County, Minnesota 5 V Application and Allocation of Recovery Zone Facility Bonding Authority 3 "FEDERAL TAX LAW" — includes those provisions of the Internal Revenue Code of 1986, as amended, and the American Recovery and Reinvestment Act of 2009, that define and limit the types of obligations that can be issued whose interest is excluded from gross income for purposes of Federal income taxation. "INFORMATION WORKSHEET"— a form that indentifies information to be used in determining the allocation of Recovery Zone Facility Bonds that must accompany the submitted application form. "ISSUER" — the local unit of government serving as the issuer of the bonds that is qualified to issue obligations under Federal Tax Law. "PROCEDURES" — requirements established by this document, "Procedures for Application and Allocation of Recovery Zone Facility Bonding Authority ", as approved by the Dakota County Board. "PROJECT" — an economic development project that is qualified under Federal Tax Law and the American Recovery and Reinvestment Act for which the applicant seeks authority to issue Recovery Zone Facility Bonds. "RECOVERY ZONE" — an area so designated by an issuer as defined by the American Recovery and Reinvestment Act. This may include an Empowerment Zone or a Renewal Community area. "RECOVERY ZONE FACILITY BONDS, OR RZFBs" — tax exempt private activity bonds as authorized under the American Recovery and Reinvestment Act of 2009 that may be used to finance Recovery Zone Property within a qualified Recovery Zone. "RECOVERY ZONE PROPERTY" - any property to which accelerated cost recovery system would apply, (basically property that is depreciable), if it is constructed, reconstructed, renovated, or acquired by purchase by the taxpayer after the date on which the designation of the recovery zone took effect, the original use of which in the recovery zone commences with the taxpayer, and, substantially all of the use of which is in the recovery zone and is in the active conduct of a qualified business by the taxpayer in the recovery zone. "RENEWAL COMMUNITY AREA" — an economic development area authorized by the U.S. Department of Housing and Urban Development. "STATE OF MINNESOTA"— the Commissioner of Management and Budget, Department of Employment and Economic Development, or any other State agency or department that is authorized to receive bonding authority and issue Recovery Zone Facility Bonds. "TAX- EXEMPT BONDS" — Bonds with interest that is exempt from federal taxation under Internal Revenue code (IRC), Section 103. / Dakota county, Minnesota Aoglication and Allocation of Recovery Zone Facility Bonding Authority 4 IV. Application Process All applications and official correspondence regarding the Recovery Zone Facility Bond application and allocation process in Dakota County should be directed to: Dakota County Community Development Agency 1228 Town Centre Drive Eagan, MN 55123 Attn: Deborah Haugh, Recovery Zone Facility Bond Applications Questions may be directed to Deborah Haugh, Dakota County Assistant Director of Housing Finance, at (651) 675 -4478 or dhaugh @dakotacda.state.mn.us. A. Deadline Dates and Times All applications and other materials required to be filed or submitted pursuant to these procedures must be postmarked or received by the County no later than 4:30 p.m. on the deadline day or date. Initial solicitation of applications — The first round of allocations will be awarded by the Board for applications received or postmarked by Friday, January 29, 2010. If there are two or more applications and there is insufficient authority to provide allocation for all applicants, the available bonding authority shall be awarded based on the information worksheets, with selected projects receiving allocation first based on their requested amount or such other method as the County deems appropriate. Subsequent applications — Subsequent application rounds will be conducted following a similar process from time to time as needed. No applications will be accepted after September 30, 2010. Any RZFB bonding authority not allocated by that time may be transferred by the Board to the State of Minnesota for re- allocation and used by the State for statewide projects, in accordance with applicable State program rules and requirements. If at any time the State requests unallocated County RZFB bonding authority for a specified project, the Board may at its discretion allocate any then unallocated authority to the State for such project. The Agency will notify applicants whether the application materials are complete within five (5) business days of the receipt of the application. Any allocation, award, or transfer of RZFB bonding authority as specified in these procedures must be authorized by adoption of a Board resolution. Agency staff will coordinate with the County to schedule the application for a Board meeting and prepare required agenda materials. B. Application Fee Every applicant shall pay a nonrefundable application fee to Dakota County to offset the cost of program administration. The application fee is the greater of $500, or $20 for each $100,000 of allocation authority requested with the request rounded to the nearest $100,000. C. Application Form The applicant must be a local government that is qualified to issue obligations under Federal Tax Law and must prepare an application form according to these procedures. The completed application form must be accompanied by: (1) A nonrefundable application fee payable from the applicant to Dakota County; (2) A resolution adopted by the governing body of the applicant establishing a Recovery Zone, or a statement from the applicant that the project will be located in an Empowerment Zone or Renewal Community Area; (3) A map showing the location of the Recovery Zone, Empowerment Zone, or Renewal Community area; (4) A statement describing the criteria to be used for establishment of a Recovery Zone; Dakota County, Minnesota AeD Application and Allocation of Recovery Zone Facility Bonding Authority 5 (5) A statement from the applicant's bond counsel that the local government issuer is qualified to issue bonds and that the proposed issue of obligations qualifies under ARRA as a Recovery Zone Facility Bond; and (6) A project information worksheet. D. Information Worksheet A project information worksheet must be submitted with each application form. The following data must be provided on the information worksheet: Threshold Requirements: The applicant must demonstrate legal authority to issue the bonds and describe any process steps (public hearings, approvals, etc.) required prior to issuance. The applicant must demonstrate site control at the time of application. (1) A description of the project including the type of business to be conducted, the location, size and anticipated cost of developing the project. (2) Number of direct new jobs in the County generated by the proposed project for the next two years (3) Number of direct existing jobs in the County due to the proposed project for the next two years (4) Average hourly wage paid to employees by the proposed project for the next two years, exclusive of benefits mandated by law. (5) Estimated total net increase in market value generated in the County by the project and the first year in which fully realized. (6) If an existing business, jobs currently provided by the business in the County and elsewhere in the State of Minnesota V. Legal Compliance A. Reservation of Rights The County reserves the right to: • Reject the application in whole or in part. • Decide not to issue any bonding authority allocations to any applicant. • Require corrections or amendments to any application materials and required documents. • Impose any other requirements or conditions precedent to the issuance of its bonding authority. • Consult with the applicant's advisor or bond counsel concerning the project or issuance of bonds. Any resulting fees for such consultation shall be paid by the applicant. • Waive any requirements or procedures included herein if the Agency feels it is in the interest of the County to do so. B. Bond Issuance Issuance of bonds by the local issuer must be consistent with these procedures and the allocation awards granted by the Board. Bonds issued by the applicant must be issued by December 31, 2010, in accordance with Federal Tax Law. The County will not revoke an allocation to any applicant after it is awarded by the Board except as provided under (E) below. Bonds may only be issued for the project contained in the application and as awarded by the Board. Bonding authority may not be transferred by the applicant to another project or issuer. Dakota county, Minnesota implication and Allocation of Recovery Zone Facility Bonding Authority 6 C. County and Agency Held Harmless Neither the County nor the Agency is liable in any manner to any issuer, holder of obligations, or other person for carrying out the duties imposed on it by these procedures. D. Notice of Available Authority The Agency will send a written notice of these procedures to each municipality in Dakota County upon adoption of these procedures by the Board. The County and Agency will each post on their respective official web site, a copy of these procedures and a statement of the amount of bonding authority that is available for allocation until and including December 31, 2010. E. Return of Allocation Authority If the applicant has received an allocation and determines that it will not be able to issue bonds for the project, the applicant must notify the Agency in writing, in a timely fashion. Upon receipt of this written notification, the original allocation will be cancelled and become available for re- allocation by the County. An applicant will receive a dated, written notice of approval of an award of allocation (the "Approval Notice "). If such an applicant has not issued its RZFBs within 60 days from the date of its Approval Notice, the applicant must notify the Agency in writing i) of its intent to issue within 90 days of the date of its Approval Notice or ii) requesting an extension to a specified date, stating the reason for the delay in issuance and providing evidence that it is reasonable to expect the issuance will occur by the new date. In its sole discretion, the County may grant an extension to the applicant and provide the conditions which must be met for the applicant to retain the allocation. Notice of such extension will be provided within 30 days of receipt of the applicant's request to extend. Unless such extension is received, the allocation of RZFB authority is forfeited 90 days from the date of the Approval Notice and returns to the County for reallocation. F. Exclusive Method of Allocation These procedures are the exclusive method of allocating RZFB bonding authority for the purpose of complying with the American Recovery and Reinvestment Act and Federal Tax Law. Dakota County, Minnesota ��an) RESOLUTION DESIGNATING TAX INCREMENT FINANCING DISTRICT NO. 2 -5 AS A RECOVERY ZONE UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT. BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, as follows: 1. Background. The American Recovery and Reinvestment Act of 2009 (the "Stimulus Act ") authorizes the issuance of "recovery zone economic development bonds" and the issuance of "recovery zone facility bonds" pursuant to an allocation by the United States Treasury of a portion of a nationwide volume limitation. Treasury Notice 2009 -50 sets forth the maximum amounts of recovery zone economic development bonds and recovery zone facility bonds that may be issued by each state, county and large municipality under the terms and provisions of the Stimulus Act. Dakota County received allocations for recovery zone economic development bonds and recovery zone facility bonds, including $20,949,000 for recovery zone facility bonds which may be reallocated to cities within the county. In order to use such allocations and any future allocations and to issue recovery zone economic development bonds or recovery zone facility bonds, an issuer must first designate one or more "recovery zones." To be designated as a recovery zone, the City Council must determine that the designated area has significant poverty, unemployment, rate of home foreclosures or general distress. 2. Tax Increment Financing District No. 2 -5. The City Council has approved establishment of the Tax Increment Financing District No. 2 -5 and related redevelopment area to address blight and to encourage private investment and restore and enhance the tax base of the City. At the present time Tax Increment Financing District No. 2 -5 is characterized by vacant land and an absence of employment opportunities. The City development staff has reviewed Tax Increment Financing District No. 2 -5 to determine whether such area qualifies as a "recovery zone" for purposes of the Stimulus Act, and such staff have advised the City Council that Tax Increment Financing District No. 2 -5 qualifies as a "recovery zone" under the Stimulus Act as a result of significant unemployment and general distress. 3. Findings. The City Council hereby determines that there exist conditions, including significant unemployment and general distress within Tax Increment Financing District No. 2 -5, which cause Tax Increment Financing District No. 2 -5 to qualify for designation as a recovery zone under the Stimulus Act. 4. Recovery Zone Designated. Tax Increment Financing District No. 2 -5 is hereby designated as a recovery zone for all purposes of and as provided in the Stimulus Act. ADOPTED this _ day of , 2010. Mike Maguire !P3 ATTEST: Maria Petersen, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor: Maguire, Bakken, Hansen, Fields and Tilley; and the following voted against the same: none. WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. fb.us.4746294.01 AV � lk� -I It sm �F 9 + Amy ajar Proposed Recovery Zone 2- (NE Eagan/TIF District 2-5) 177T Legend 03 Proposed Recovery Zone Boundary RESOLUTION DESIGNATING CEDAR GROVE REDEVELOPMENT PROJECT AREA AS A RECOVERY ZONE UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT. BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, as follows: 1. Back round. The American Recovery and Reinvestment Act of 2009 (the "Stimulus Act ") authorizes the issuance of "recovery zone economic development bonds" and the issuance of "recovery zone facility bonds" pursuant to an allocation by the United States Treasury of a portion of a nationwide volume limitation. Treasury Notice 2009 -50 sets forth the maximum amounts of recovery zone economic development bonds and recovery zone facility bonds that may be issued by each state, county and large municipality under the terms and provisions of the Stimulus Act. Dakota County received allocations for recovery zone economic development bonds and recovery zone facility bonds, including $20,949,000 for recovery zone facility bonds which may be reallocated to cities within the county. In order to use such allocations and any future allocations and to issue recovery zone economic development bonds or recovery zone facility bonds, an issuer must first designate one or more "recovery zones." To be designated as a recovery zone, the City Council must determine that the designated area has significant poverty, unemployment, rate of home foreclosures or general distress. 2. Cedar Grove Redevelopment Project Area. The City Council has approved establishment of the Cedar Grove Redevelopment Project Area and related redevelopment tax increment financing district to address blight and to encourage private investment and restore and enhance the tax base of the City. At the present time the Cedar Grove Redevelopment Project Area is characterized by vacant land and buildings and an absence of employment opportunities. The City development staff has reviewed the Cedar Grove Redevelopment Project Area to determine whether such area qualifies as a "recovery zone" for purposes of the Stimulus Act, and such staff have advised the City Council that the Cedar Grove Redevelopment Project Area qualifies as a "recovery zone" under the Stimulus Act as a result of significant unemployment and general distress. 3. Findings. The City Council hereby determines that there exist conditions, including significant unemployment and general distress within the Cedar Grove Redevelopment Project Area, which cause the Cedar Grove Redevelopment Project Area to qualify for designation as a recovery zone under the Stimulus Act. 4. Recovery Zone Designated. The Cedar Grove Redevelopment Project Area is hereby designated as a recovery zone for all purposes of and as provided in the Stimulus Act. ADOPTED this _ day of 2010. Mike Maguire 1&40 ATTEST: Maria Petersen, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor: Maguire, Bakken, Hansen, Fields and Tilley; and the following voted against the same: none. WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. fb.us.4744034.01 1107 LI 0 Proposed Recovery Zone 1- (Cedar Grove Redevelopment Areal TIF District) r /r a U Si enBen, Rd- - ` -rte• c r ;4A, � EE iq �o �1 Q N 0 250 500 1,000 Feet Agenda Information Memo Eagan Economic Development Authority Meeting January 19, 2010 F. ORGANIZATIONAL BUSINESS a. Election of Officers ACTION TO BE CONSIDERED: To elect/appoint officers of the Eagan Economic Development Authority. FACTS: • As a part of its annual organizational business, the EDA elects its officers and appoints its Executive Director and Secretary/Deputy Director. • In 2009, the officers of the Authority were as follows: President: Mike Maguire Vice President: Paul Bakken Treasurer: Meg Tilley Executive Director: City Administrator Tom Hedges Secretary/Deputy Executive Director: Community Development Director Jon Hohenstein b. 2010 Meeting Schedule —No Action Necessary FACTS: Under its bylaws, the Eagan Economic Development Authority's regular meetings are scheduled to coincide with the regular meetings of the City Council. At its meeting of December 1, 2003, the EDA confirmed the meeting schedule defined in the bylaws and adopted a mechanism by which the Authority may cancel such meetings as a part of the adoption of the City Council agenda if no EDA business is in order on that date. Staff is recommending that this schedule and process continue for 2010. c. Single Action for EDA and Council Resolutions — No Action Necessary FACTS: In 2004, the City Council also adopted a process by which the actions that are required to be taken by both the City Council and the EDA can be accomplished through a single motion. Under this process, the Council meeting remains in session (does not recess) when the EDA meeting is convened. For each business item that requires an action by both the EDA and the Council, two resolutions are included in the background and one motion by the Council, also hearing the item as the EDA, approves both resolutions. At the completion of the EDA Business items, the EDA meeting is adjourned and the remainder of the Council meeting is completed. 1&9 Agenda Information Memo Eagan Economic Development Authority Meeting January 19, 2010 G. OTHER BUSINESS H. RECESS TO EXECUTIVE SESSION The EDA is being asked to recess to executive session to discuss possible settlements for the acquisition of the Sandford and Pavlik properties located in the Northeast Eagan Redevelopment District #2 -5. I. ADJOURNMENT The EDA meeting will adjourn at the conclusion of the executive session. 1`70