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02/16/2010 - City Council Regular
N AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING FEBRUARY 16, 2010 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA Ill. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item p to be pulled for discussion) 1 a A. APPROVE MINUTES P. B. PERSONNEL ITEMS �Q C. APPROVE Check Registers 9 D. APPROVE Revised Investment Policy f°.16 E. APPROVE Tree Contractor licenses — S & S Tree Specialists and Valley Tree Services, Inc. ;617F. AUTHORIZE Comcast to implement revised administrative late fees G. APPROVE Shows License and Parade Permit, and waive fee for the Funfest Ambassador I Coronation for July 4th Funfest Committee Pte) H. APPROVE Fireworks RFP for July 4th Funfest f4o I. ACCEPTANCE of Dell Computer valued at $3,000 through the Office of Juvenile Justice and Delinquency Prevention (OJJDP) PQ I J. AUTHORIZE the issuance of Request for Proposals for Insurance Broker Services and authorize the advertisement for bids M-a K. APPROVE a contract with Themescapes for the final design and construction of a themed amenity to be constructed at Cascade Bay PxO L. APPROVE recording extension for The Oaks of Bridgewater 3rd Addition 10 M. RECEIVE Feasibility Report for Project 1015 (Blackhawk Road — Recycle /Overlay) and schedule a 1 public hearing (March 16, 2010) f47 N. APPROVE Updated Assessment Policy — Premature Infrastructure Failure P4q O. APPROVE Plans and Specifications for Contract 10 -02 (City -Wide Street Overlays) P P. APPROVE extension for recording Final Plat, modification to Final Plat and Temporary Certificate of Occupancy (Cedar Grove Parka nd Ride) - MVTA PAC Q. APPROVE a guaranteed energy savings contract to McKinstry for the implementation of selected energy savings measures related to the City's Energy Efficiency Conservation Block Grant allocation of $657,100 R. APPROVE Amendment to Regional Roadway System Visioning Study i (pa S. APPROVE on -sale wine, Sunday wine and 3.2 percent malt liquor (beer) license for Smashburger Acquisition - Minneapolis, LLC, dba Smashburger,1270 Promenade Place V. PUBLIC HEARINGS -F 41 A. PROJECT 1008 — Street Overlay — Lexington Parkview VI. OLD BUSINESS VII. NEW BUSINESS ORDINANCE AMENDMENTS —Chapter 11, specifically as they relate to general provisions, signage, 'l use districts and overlays, and performance standards. -►J� B. ORDINANCE AMENDMENT to Chapter 11, specifically as it relates to the expiration of Conditional Use Permits. VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE 1• ICO A. APPROVE correspondence to the Metropolitan Airports Commission with comments to the MSP Long Term Comprehensive Plan. IX. ECONOMIC DEVELOPMENT AUTHORITY P (D(O A. Call to Order B. Adopt Agenda C. Consent Agenda 1. Approve EDA Minutes D. Old Business ) ID E. New Business 1. Northeast Eagan Redevelopment District - Approve Settlement Agreements for the Acquisition of the Pavlik and Sandford Properties in TIF District #2 -5. F. Adjournment X. ADMINISTRATIVE AGENDA P1a� A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT 401� City of Eap ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 12, 2010 SUBJECT: AGENDA INFORMATION FOR FEBRUARY 16, 2010 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the February 16, 2010 City Council agenda, the following items are in order for consideration. Agenda Information Memo February 16, 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 February 1, 2010 Regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the February 1, 2010 Regular City Council meeting are enclosed on pages* through __� . R DRAFT MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota February 1, 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, Fields and Tilley. James MacGillis, representing Ibrahim Aqel, owner of Eagan Cigars & Tobacco Store, requested the Council consider an ordinance amendment that would allow self service of tobacco products in establishments that do not permit anyone under the age of 21 to enter. The Council directed staff to survey neighboring cities and prepare a draft ordinance amendment to be discussed at a future workshop. A regular meeting of the Eagan City Council was held on Tuesday, February 1, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen, Fields and Tilley. Also present were City Administrator Tom Hedges, City Planner Mike Ridley, Public Works Director Tom Colbert, Community Development Director Jon Hohenstein, Assistant City Engineer John Gorder, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the January 19, 2010 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the promotion of Jeanette Johnson from Clerical Tech III to Engineering Aide. C. It was recommended to ratify the check registers dated January 14, 2010, January 21, 2010 and January 28, 2010 as presented. D. It was recommended to receive the draft feasibility report for Project 1012 (Duckwood Drive and Station Trail — Street and Utility Improvements) and schedule a public hearing to be held on March 2, 2010. E. It was recommended to authorize the preparation of an update to the Transportation Infrastructure Needs Analysis (TINA). F. It was recommended to receive the draft feasibility report for Project 1016R (Ames Crossing Road — Street and Utility Improvements — Revised) and schedule a public hearing to be held on March 2, 2010. G. It was recommended to approve a Release and Termination of the Regulatory Agreement pertaining to the Amended and Restated Regulatory Agreement between the City of Eagan, the Cinnamon Ridge Limited Partnership and the Bank of New York. H. It was recommended to accept the final report of the City's broadband technology report as outlined at the November 10, 2010 work session and direct staff to proceed as directed to determine the feasibility of the recommended next steps. 8 City Council Minutes February 1, 2010 Page 2 DRAFT� I. It was recommended to accept a Department of Energy Geothermal Grant in the amount of $1,338,000 and approve a Guaranteed Energy Savings Contract pursuant to Minnesota Statute 471.35 Subd. 13(b) to Harris Companies in the amount of $3,194,506 to retrofit the mechanical system at the Eagan Civic Arena to reduce energy usage and cost. There were no public hearings. There were no old business items. PUBLIC HEARINGS OLD BUSINESS NEW BUSINESS CONDITIONAL USE PERMIT — M & L INDUSTRIAL PROPERTIES City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow the outdoor storage of up to 32 vehicles and dumpsters on property located at 3285 Terminal Drive. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow the outdoor storage of up to 32 vehicles on property located at 3285 Terminal Drive and legally described as Lot 3, Block 1, Tan Me Industrial Park, subject to the following conditions: Aye: 5 Nay:O 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The outdoor storage shall be limited to a maximum of 32 vehicles and located in the outdoor storage area as identified on the Site Plan received January 6, 2010. 3. The applicant shall submit a revised Site Plan identifying 21 parking stalls, striped per Code Requirements and reflect the 4 foot berm as identified on the Landscape Plan. 4. Outdoor storage shall be limited to operational vehicles and associated with the tenants' businesses. 5. The storage area shall be maintained in an orderly fashion. 6. Landscaping shall be installed according to the Landscape Plan dated January 6, 2010 and planted by July 1, 2010. 7. The applicant shall submit a landscape escrow in the amount of $7,500 prior to recording of the Conditional Use Permit. 8. The applicant shall install the fence as identified on the Site Plan dated January 6, 2010 by July 1, 2010. The six foot chain link fence covered with the mesh material shall be extended into the front yard, adjacent to Sun Drive, to screen the proposed truck parking. 9. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage and parking areas. 10. The outdoor storage areas shall not be surfaced with gravel base, Class V or otherwise. 11. All parking and storage areas shall be properly maintained to prevent deterioration. 12. If recycled asphalt aggregate is used for the outdoor storage areas, the site will be subject to periodic review by City staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 13. The applicant shall install physical measures to discourage vehicles from using Terminal Drive as an access. 14. The applicant shall enclose the trash and recycling containers in an enclosure that meets City Code requirements no later than July 1, 2010. 15. H City Council Minutes DR A February 1, 2010 Page 3 CONDITIONAL USE PERMIT — CLEARWIRE (KENNEBEC DRIVE) City Administrator Hedges introduced this item regarding a Conditional Use Permit to permit a 10' extension on an existing 118' communications tower on property located at 3659 Kennebec Drive. City Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to permit a 10' extension on an existing 118' communications tower on property located at 3659 Kennebec Drive, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The Conditional Use Permit provides for a 128 -foot tall communication monopole and an equipment cabinet as shown on the Site Plan dated January 4, 2010. The antenna panels and microwave dishes extend to 130 feet. No equipment shall exceed 130' in height. 3. A building permit shall be obtained for the extension of the monopole, antennae panels, microwave dishes and equipment cabinets. 4. The applicant shall provide the City documentation from a registered structural engineer confirming the structural integrity of the proposed monopole extension. The documentation shall be submitted with the building permit application. 5. No signage other than for public safety warnings or equipment information shall be affixed to the tower or equipment building. 6. No artificial illumination shall be allowed on the tower except when required by law or by a governmental agency. 7. The monopole and all communications equipment shall be maintained. CONDITIONAL USE PERMIT — CLEARWIRE (PARKVIEW GOLF COURSE) City Administrator Hedges introduced this item regarding a Conditional Use Permit to permit a 10' extension on an existing 100' communications tower on property located at 1310 Cliff Road. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to permit a 10' extension on an existing 100' communications tower on property located at 1310 Cliff Road, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The Conditional Use Permit provides for a 110 -foot tall communication monopole and an equipment cabinet as shown on the Site Plan dated January 4, 2010. The antenna panels and microwave dishes extend to 112 feet. No equipment shall exceed 112' in height. 3. A building permit shall be obtained for the extension of the monopole, antennae panels, microwave dishes and equipment cabinets. 4. The applicant shall provide the City documentation from a registered structural engineer confirming the structural integrity of the proposed monopole extension. The documentation shall be submitted with the building permit application. 5. No signage other than for public safety warnings or equipment information shall be affixed to the tower or equipment building. 6. No artificial illumination shall be allowed on the tower except when required by law or by a governmental agency. 7. Landscaping shall be installed according to the Landscape Plan dated January 4, 2010 and planted by July 1, 2010. 8. The tower shall be sanded and repainted no later than July 1, 2010. 9. The monopole and all communications equipment shall be maintained. 5 City Council Minutes February 1, 2010 Page 4 CONDITIONAL USE PERMIT — CLEARWIRE (NORTHVIEW PARK) DRAFT City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow construction of a 100' communications monopole on property located within Northview Park at 980 Northview Park Drive. City Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow construction of a 100' communications monopole on property located within Northview Park at 980 Northview Park Drive, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The tower and accessory equipment cabinet shall comply with the general standards outlined in City Code Section 11.70, Subdivision 26 -G. 3. Clearwire shall obtain a building permit prior to commencing construction of the new tower. 4. The equipment cabinet shall be finished in a dark green color to match the principal building. 5. The lease area shall be secured with a security fence as shown on the Site Plan last revised January 13, 2010. 6. Clearwire shall enter into a lease agreement with the City in a form acceptable to the City Attorney. The lease agreement shall be executed prior to erection of the tower or placement of any equipment upon the property. 7. The monopole tower shall be painted light blue. 8. The monopole and all equipment shall be maintained. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA Community Development Director Hohenstein discussed the Urban Land Institute / Regional Council of Mayor's Opportunity City Program. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve authorization to submit a letter of interest to the Opportunity City Program and to authorize the commitment of $5,000 from the City's fund balance for that purpose. Aye: 3 Nay: 2 Bakken and Fields VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:00 p.m. Aye:5 Nay:0 Date MI., Administrative Secretary / Deputy Clerk Agenda Information Memo February 16, 2010 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Approve the hiring of Susan Kroeger, part time (.6 FTE) Police Clerical Technician. Approve the hiring of Susan Peterson, part time (.6 FTE) Police Clerical Technician. FACTS: Two Police Clerical Technicians previously tendered their resignation: • Resignation of M Schuele former part time police clerical tech .6 FTE • Retirement/resignation of K Gray 1.0 FTE The City Council previously approved their positions be replaced. The above hires are the equivalent of 1.2 FTE. Item 2. Change the status of M Knoll from .6 FTE part time to 1.0 FTE (full time). FACTS: This action will fulfill the staffing compliment needed to fully replace the 1.6 FTE vacancies created from the two resignations previously named in Item 1. Item 3. Change the status of M Lutofsky from .5 part time to 1.0 FTE (full time). FACTS: This action reflects an internal employee transfer, which fills the previous 1.0 FTE Clerical Tech vacancy created by the promotion of J Johnson to Engineering Aide this past month. Item 4. Approve the hiring of an HR Specialist to be named. ATTACHMENTS none 7 Agenda Information Memo February 16, 2010 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated February 4, 2010 as presented. ATTACHMENTS: • Check registers dated February 4, 2010 are enclosed without page number. I Agenda Information Memo February 16, 2010 Eagan City Council Meeting D. Approve Revised Investment Policy ACTION TO BE CONSIDERED: To approve the City's Investment Policy as revised. FACTS: • The City adopted an investment policy in 1997; it has not been revised since its original adoption. • In 2009, Councilmember Hansen asked to review the policy and offered several suggestions to update the policy in the areas of Responsibilities and Administrative and Review Procedures. His suggestions have been incorporated into the proposed revisions. • Staff also reviewed certain other areas of the policy, given changes in the investment landscape in recent years, and recommends the Diversification section of the policy be revised to reflect the following changes to the investment portfolio maximum allocations: the commercial paper maximum is revised downward from 40% to 5 %, and the bank certificates of deposit (FDIC insured) maximum is revised upward from 10% to 25 %. • Although all investments listed in the policy are allowable by State law and considered very safe, the reduction in commercial paper maximum and the increase in bank CDs maximum reflect a slightly more conservative approach to investments. • A few other revisions were made that would be considered housekeeping in nature. ATTACHMENTS: The existing policy, marked up with revisions, is attached on pages �_ through . u City of Eagan INVESTMENT POLICY Revised and approved by City Council on Oetober 21, 1997 February 16, 2010. The purpose of this Policy Statement is to establish standards governing the investment of City funds. It is the City's policy that available funds be invested in a manner which will provide the highest investment return, with the maximum security, while meeting the daily cash flow demands of the City and conforming to all Minnesota statutes governing the investment of public funds. Scope This policy applies to all investments made by the City. Prudence The standard of prudence to be used by investment officials of the City shall be the "prudent person" standard which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." The prudent investor rule shall be applied in the context of managing the overall portfolio. The investment officer, acting in accordance with written procedures and exercising due diligence, shall not be held personally responsible for a specific security's credit risk or market price changes, provided that these deviations from expectations are reported immediately and that appropriate action is taken to control adverse developments. Delegation of Authority In accordance with Minnesota Statutes 118A.02, the City Council authorizes the RnanGe DiFeGtO Chief Financial Officer/Treasurer to designate depositories and make investments for the City. The Assistant FinanGe DiFecTwF Director of Administrative Services is also authorized to make investments for the City. In the absence of both the D*restef Chief Financial Officer/Treasurer and the Director of Administrative Services, the Accountant II is authorized to make investments. ID Responsibilities It is the duty and responsibility of the Chief Financial Officer/Treasurer under this policy to: 1. Ensure that investments are authorized and comply with the policy objectives and restrictions: 2. Monitor the performance of investments in comparison to expected return on investments: and 3. Prepare reports to the City Administrator /City_Council as required by this policy. Administrative and Review Procedures A quarterly report reflecting the investment portfolio makeup and its performance will be provided to the City Council. At least annually, this policy shall be reviewed by staff and proposed changes shall be recommended to the City Council. Objectives The City's primary investment objectives, in order of priority, are as follows: Safety: Safety of principal is the foremost objective. Investments shall be undertaken so as to insure the preservation of capital in the overall portfolio. Diversification of investments is required to limit potential losses. Liquidity: The City's portfolio will be structured to be sufficiently liquid to meet all operating requirements that might be reasonably anticipated. It is essential that funds are available when needed. Return on investment: The City's investment portfolio shall be designed to attain a market - average rate of return during budgetary and economic cycles, taking into account the City's investment risk constraint and the cash flow characteristics of the portfolio. All City staff participating in the investment process shall seek to act responsibly as custodians of the public trust. Investment officials shall avoid any transaction that might impair public confidence in the City's ability to govern effectively. Authorized Investments The City will invest only in instruments permitted by Minnesota Statutes 118A.04 -.05, which are categorized as follows: (1) United States securities -- governmental bonds, notes, bills, mortgages (excluding high -risk mortgage- backed securities), and other securities, which are direct obligations or are guaranteed or insured issues of the United States, its agencies, its instrumentalities, or organizations created by an act of Congress. (2) State and Local securities — general obligation securities of any state or local government rated "A" or better; revenue obligation securities of any state or local government rated "AK or better; and a general obligation of the Minnesota housing finance agency which is a moral obligation of the State and is rated "A" or better. (3) Commercial paper— unsecured promissory notes issued by United States corporations or their Canadian subsidiaries having maturities of 270 days or less, and rated A -1 (Moody's), P -1 (Standard & Poors), or F -1 (Fitch) by at least two of these three rating services. (4) Time deposits— certificates of deposit fully insured by the Federal Deposit Insurance Corporation or bankers acceptances of United States banks. (5) Repurchase agreements (Repos)— contracts whereby a holder of securities sells the securities to an investor and agrees to repurchase them at a fixed price on a fixed date. The City in effect lends money to another party and holds the security as collateral until it is repurchased by the other party. (6) Money market mutual funds — shares of a Minnesota joint powers investment trust whose investments are restricted to securities described in (1) through (5) above, or shares of an investment company that meets the requirements of Minnesota Statutes 118A.05, subd. 4. Authorized Financial Institutions The City will conduct its investment transactions with several legal, competing, reputable investment securities dealers or banks located in Minnesota. The City will obtain a completed "Notification to Broker and Certification by Broker" statement of investment restrictions from each dealer in accordance with Minnesota Statutes 118A.04. J.?, Speculative Investments Not Allowed Generally, the T-4e City will not purchase investments which, at the time of investment, are not intended to be held to maturity, or which the City would not be able to hold to maturity because of cash flow requirements. This does not mean that an investment cannot be sold prior to maturity. At times, a callable investment on the secondary market that is approaching its call date within two years, and that can reasonably be expected to be called because of its higher coupon rate, may be purchased with the intention that it will be held to its call date, not its maturity date. The City will not invest in securities, other than money market mutual funds, without a fixed maturity and fixed interest or discount rate. Maximum Maturities The City will attempt to match its investments with cash flow needs. Unless directly matched to a specific cash flow, the City will not invest in securities maturing more than ten years from the date of purchase. Terms of Transactions All investment transactions will be "delivery vs. payment," which means that payment for the investment will be made only upon delivery of the security to the safekeeping institution designated by the City. This type of transaction provides the maximum amount of security to the City. Diversification The City will diversify its investments by security type as shown below: United States Treasury obligations (bills, notes and bonds) United States governmental agency and instrumentality securities State and local securities Commercial paper * FDIC - insured certificates of deposit Repurchase agreements Bankers acceptances Repurchase agreements Money market mutual funds investing in State authorized securities /3 Maximum Holdings 100% 100% 20% 540% 254-0% 10% 10% 5% 20% o Competitive Selection of Investment Purchases For each investment opportunity, when possible, bids will be solicited from at least three authorized financial institutions for options with regards to term and instrument. The City will accept the bid that it determines best complies with the investment Objectives and Diversification constraints described in this Policy. Ij� Cash Management and Related Recordkeeping Procedures Cash management is essential to a good investment program. The Finance Department has responsibility to organize and establish procedures for effective cash management and the recordkeeping therefor, based on the following guidelines: Cash flow projections for the following twelve -month period will be prepared at the beginning of each month. 2. Each morning, available cash balances will be determined and reviewed for investment opportunities. 3. Investment records will be updated and reviewed as investments mature or are purchased. 4. Each month, the investment records will be balanced to the financial records and to the safekeeping institution's monthly statement. 5. Each quarter, the FinanGe DiFerste Treasurer will submit a current listing of the City's investments to the City Council. 6. Interest earnings will be allocated on a monthly basis to the various City funds based on investment balances in the funds at the end of the month. 7. A management fee equal to two percent of the investment earnings will be allocated to the General Fund. lS__ Agenda Memo February 16, 2010 City Council Meeting CONSENT AGENDA: E. APPROVE Tree Contractor Licenses — S & S Tree Specialists and Valley Tree Services, Inc. ACTION TO BE CONSIDERED: Approve Tree Maintenance Contractor Licenses for S & S Tree Specialists, 405 Hardman Ave., South St. Paul and Valley Tree Services, Inc., 7600 West 146 th Street, Apple Valley. FACTS: • S & S Tree Specialists and Valley Tree Services Inc. have applied for a tree maintenance contractor license. • Both contractors have held licenses in the City of Eagan for the past several years, however did not submit their renewal applications until now. • All requirements of the applications have been met and fees have been paid. • Staff recommends approval of the licenses. ATTACHMENTS: • The applications are available for review in the Administration Department. Agenda Information Memo February 16, 2010 Eagan City Council Meeting F. AUTHORIZE COMCAST TO IMPLEMENT REVISED ADMINISTRATIVE LATE FEE ACTION TO BE CONSIDERED: To authorize Comcast to implement a revised late fee of $8 and a revised late fee procedure per the terms of its January 19, 2010 letter, as long as those procedures remain in compliance with the terms of the Eagan cable franchise. FACTS: • On January 19, 2009, the City of Eagan received a request to authorize Comcast to revise upward the administrative late fee it charges when customers do not pay their bills within 38 days of their statement. • Although in many communities, Comcast may initiate revised late fees on its own, according to the terms of the Eagan franchise, late fees cannot be adjusted without the local franchise authority's prior approval. In the absence of a Commission, the Eagan City Council acts as the decision making body. • The previous Burnsville Eagan Telecommunications Commission did give its approval the last time the late fee was adjusted in 2007 to the current fee of $7. Prior to that, the fee had not been adjusted since 1994. • Staff has reviewed an extensive cost study prepared by Price Waterhouse and provided the City pursuant to the franchise on a "confidential and proprietary basis ". • Staff believes the request to revise upward the true late fee costs to Comcast at $8 is justified by the evidence and that the provision of 38 days provides protection to those customers who might inadvertently miss their payment by a few days. ATTACHMENTS: • A copy of Comcast request letter of January 19, 2010 is enclosed on page to 1-7 Comcast. Kathi Donnelly -Cohen Director of Government Affairs Twin Cities Region (651) 493 -5776 (651) 493 -5275 — FAX January 19, 2010 Tom Garrison City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122 RE: Administrative Late Fee Restructuring —Action Requested Dear Tom: 10 River Park Plaza St. Paul, MN 55107 In accordance with a section in your Franchise regarding Late Fees, Comcast is required to provide justification of our costs when restructuring our Late Fee. I am writing you to notify you that Comcast ( "Company ") has changed these fees effective January 1, 2010 in communities which do not require approval. Upon approval from the remaining communities, the fees will change with a 30 -day notification to the customer. The Company is implementing this revised late fee structure to cover additional costs incurred in dealing with late paying customers. While the current late fee is $7, Comcast retained Price Waterhouse to do a cost study. That study is attached. Pursuant to Section 8.4 of the Franchise, the study and report are considered Privileged and Confidential and not to be disclosed publically Effective with your review of the study, Comcast proposes to assess a late fee of $8.00 if payment is not received by day 38 of the billing cycle and, if payment is still not received 30 days later (i.e. day 68 of the billing cycle), an additional $8.00 will be assessed. If payment in full has not been received 30 days following that (i.e. day 98 of the billing cycle), an additional $8 will be assessed. We strongly believe that customers who pay on time should not have to subsidize the fees associated with customers who do not pay on time. The Company's late fee approach addresses the concerns of people who miss their payment by a few days and who believe they should not incur the same late fee as those who pay later in time. Customers in your community will be notified on this change via a bill message 30 days prior to the implementation of the new fee. Should you have any questions or concerns on this matter, please do not hesitate to contact me at 651- 493 -5776. Sincer ly Kathi Donnelly -Cohen Director —Twin Cities Region Agenda Memo February 16, 2010 City Council Meeting CONSENT AGENDA: G. APPROVE Shows License and Parade Permit, and waive fee for the Funfest Ambassador Coronation for July 4th Funfest Committee. ACTION TO BE CONSIDERED: APPROVE Shows License and Parade Permit, and waive fee for the Funfest Ambassador Coronation for July 4th Funfest Committee. FACTS: • The July 4th Funfest Committee has applied for a Parade Permit for the annual parade to be held eastbound on Yankee Doodle Road from Highway 13 turning northbound at Central Parkway and terminating at the turn into Central Park Community Center. The Police Chief has reviewed the proposed parade route. • The Committee also applied for a Shows License to hold the annual Funfest which features the parade, carnival, street dance, food booths, fireworks and events to be held July 2 "d 3rd and 4th. The Police Chief also reviewed this application. • In addition the Committee is requesting use of space at the Community Center to hold the Funfest Ambassador Coronation which will be held June 29,30 and July 1. Attached is their written request which outlines which rooms and the timeframes they will need. • The rental cost of the rooms they are requesting would be $3,905, however they are requesting this fee be waived, along with the $25 Parade Permit fee and the $25 Shows License fee. ATTACHMENTS: • The written request from the July 4th Funfest Committee for use of the Community Center is attached as page O . The applications are available for review in the Administration Department. �9 The Miss Eagan Funfest Ambassador Program is requesting a fee waiver for the annual coronation during the 4`" of July Funfest. We are requesting that the Oaks Banquet facility and the South, Central and North meeting rooms are open for our use from 06/29/2010 — 07/01/2010. 06/29/2010: 3pm — close (We would like the stage set up by 3pm, we will be decorating the stage and having rehearsals. The South, Central and North meeting rooms will be used as dressing rooms.) 06/30/2010: l lam —close (All day rehearsal and candidate interviews will be conducted in the evening. The South, Central and North meeting rooms will be used as dressing rooms.) 07/01/2010: l lam —close (Final night rehearsal and coronation to begin at 7pm, The South, Central and North meeting rooms will be used as dressing rooms.) The Lone Oak Room and Board Room will also be needed on 06/30/2010 & 07/01/2010 (board room used as judges tabulation room & lone oak will be needed for cable television representatives and holding room for candidates) 06/30/2010: Needed from 2pm -close 07/01/2010: Needed from 2pm -close The set up in the Oaks Banquet room has not yet been determined. All pieces to the stage will be needed and used. Agenda Memo February 16, 2010 City Council Meeting H: APPROVE the 2010 contract for July 4th fireworks and authorize the Mayor and City Clerk to sign all appropriate documents. ACTION TO BE CONSIDERED: Approve the 2010 July 40h fireworks display contract with RES Specialty Pyrotechnics in the amount of $24,500 and authorize the Mayor and City Clerk to sign all appropriate documents. FACTS: • After approval by the City Council, the July 4th Funfest committee solicited proposals for the 2010 July 4th fireworks contract. • Two vendors provided written responses and were evaluated by the July 4th Funfest Committee on the following criteria: cost, display variety and quantity and completeness of response. • Based on their review, the July 4th Funfest Committee is recommending that the City Council award the contract to RES Specialty Pyrotechnics. • RES has provided the July 4th fireworks display since 2007 and the 2009 cost was $25,500. • The budget for this 2010 expenditure was set at $27,000 and RES has provided a proposal that is under that budget amount. ISSUES: • None ATTACHMENTS Bid from RES Specialty Pyrotechnics fX f , a3-�— , RES Specialty Pyrotechnics IN THE AIR r , Tuesday, December 15, 2009 Ken Koch Eagan Funfest Committee Dear Ken: I thank you for the opportunity to submit our Fireworks proposal to the City of Eagan. The display will occur on Saturday, July 4, 2010 at approximately 10:00 PM and will last from 26 -29 minutes. The display crew will begin setting up the fireworks display at approximately 11:00 AM on July 4, 2010 and the area will be cleared by approximately 1:00 AM on July 5, 2010. The sky will be filled with fireworks bursts at all times with our finale being double the intensity of any of our competitors. Over 90% of the fireworks bursts will be between 400ft and 800ft in height. Our Fireworks proposal indicates size, shell effect, and quantity of shells. There may be modifications to the listed effects due to inventory availability, nature of the site, and upgrade of product. The shells listed in our proposal will be used to design the following segments: Opening Barrage, Main Show Body, Select Patriotic Shell, Signature Pattern Shell, Multiple Effects Barrage Cake, and Grand Finale. We will also incorporate a segment displaying World -Class Japanese Competition Shells. These can include Dragon Eye, Pixie Dust Willow w/ Stained Glass, Aqua Ghost Peony, Double Farfalla Rings w/ Purple Pistil, and Treasure Chest. The Minnesota licensed display operator will be John Ratzlaff, who is from Eagan. Mr. Ratzlaff was the display operator for the 2008 and 2009 fireworks display. Mr. Ratzlaff has shot in excess of 152 shows in the past 16 years. The firing system that will be used to fire your display is the Pyrodigital Phase III controller. This is a state of the art computer firing system that has accuracy up to 1/30 of a second. Our customer service and communication principles are based on personal relationships. We listen to your needs and expectations. We then implement them into your program, resulting in a unique one -of -a -kind show. Our displays are a turnkey operation and are coordinated with your event. Our proposal includes, but is not limited to, all materials, equipment, certified display operators, necessary permits, and $5,000,000.00 liability insurance. The total cost will be $24,500.00 for a $25,000.00 show. RES Specialty Pyrotechnics is willing to provide a materially similar display, for similar costs, if Funfest exercises the right to renew for 2011. 21595 286th Street • Belie Plaine, MN 56011 a Phone. 952.873.3113 ■ Fax: 952.873.2859 The following are references that you may contact. Additional references are listed at the end of our proposal. City of Bloomington Mark Morrison 1800 West Old Shakopee Road Bloomington, MN 55431 PH: 952 - 563 -8693 City of Eden Prairie Lyndell Frey 8080 Mitchell Road #204 Eden Prairie, MN 55344 PH: 952 - 949 -8438 Minnesota Twins Patrick Klinger H.H.H. Metrodome 34 Kirby Puckett Place Minneapolis, MN 55415 PH: 612- 642 -7024 We are aware of the additional requirements that are listed in Section VII Terms and Conditions in your bid request. If chosen, we will agree to and comply with your requirements. If you have any further questions, please feel free to contact me. I would like to meet with your committee to explain why our product is superior to our competitors product. Sincerely, Ervin J. Haman Director of Business Development RES Specialty Pyrotechnics 21595 288th Street a Bette Ptatne, MN 58011 • Phone: 952.873.3113 • Fax,. 952.873.2859 a.l� . e NORM, EAGAN FUNFEST JULY 41 2010 M A G 1,C I N T H E A I R NONDISCLOSURE The material contained in this document is confidential and is for review only by those directly involved in awarding this bid. This document may not be copied or reproduced in any fashion without the written consent of RES Specialty Pyrotechnics, Inc. CONFIDENTIALITY Our ideas, concepts and creativity are our livelihood. Your respect for our confidentiality is appreciated. 4 RES Specialty Pyrotechnics Fireworks Display Proposal for EAGAN FUNFEST JULY 4, 2010 Display Design Philosophy Our selection of display fireworks for Eagan Funfest includes a broad spectrum of styles and origin. We carefully select the best variety of Chinese, Taiwanese, Japanese and Domestic product. We balance these selections with our own custom manufactured product to provide the best assortment possible. We strongly feel that the quality of our product is the best that is available anywhere. There may be modifications to the listed effects due to inventory availability, nature of the site, and upgrade of product. Virtually all of our shells incorporate a tailed or rising effect providing additional impact and allowing the audience to follow the shells on their rise into the air. Display Presentation Frequently overlooked by the display purchaser, the aspect of how the display is "shot" or presented is the most critical aspect after safety to a successful display. This is the area where a company that understands choreography demonstrates true pyrotechnic artistry. To achieve maximum customer and audience appreciation we have found that by using a "V" rack setup we are able to cover a greater area of the sky. In addition, many like effects are shot simultaneously into the air in a "V" pattern, filling two separate areas of the sky with identical patterns. Our choreography for Eagan Funfest will allow the audience to appreciate the show better since they pick up on the themes that are presented with the fireworks. This sets up the audiences' expectations. In other words, there is rhyme to the reason. To accomplish this, all of the effects exhibited for Eagan Funfest will be shot by a sophisticated computer firing system allowing us to have: • Precision timing of firing. • No large gaps of time when there is nothing but black sky. • Easier control of show pacing. • Multiple firing not possible via hand firing. • Added safety for the audience and our staff due to the increased control of execution. Electrical firing allows us to have the show preloaded beforehand. This allows us the opportunity to precisely choreograph the show. Preloading the show allows us to better protect the show beforehand against weather and eliminates having to handle shells in the dark to reload thereby increasing safety. as Main Body - Grouped and Combined along the following Themes. • Color and report shells • Pattern shells, i.e., hearts, hourglass, stars, butterflies, rings • Effect shells, i.e., whistles, serpents, tourbillions • Strobe and shimmer effects • Glitter and tremalon shells • Crackling and Crossette shells • Traditional Japanese shells, i.e., Diadems, Saturn, Palms, Chrysanthemums • Shells from the following manufacturers will be displayed: Pyro Formax, Lidu, Panda, Sunny, An Ping, Legion, Sunsong, Ruggieri, Haga, Yung Feng, U.S. Designer, Thunderbird & RES Specialty Pyrotechnics. For Eagan Funfest we will also incorporate a unique segment of signature pattern shells. The shells shot in this segment will follow one another. In this way the audience will be quick to realize that they have to watch each effect closely as it breaks in the sky above. Some of the signature patterns that will be exhibited are as follows: colored stars with rings, smiley faces, Jupiter rings, Saturn rings, concentric rings, triple rings 8s hearts. ❖ In addition, a Red, White & Blue Patriotic segment will be exhibited to showcase our country's colors. Many different shell effects & designs will be used to highlight the colors of our flag. Finale There is no mistake when our finales start. The sky is filled with color and sound that builds in intensity as it progresses. Multiple levels of effects appear as the finale unfolds. The colors and effects appear to "morph" from one color to the next into glitter into larger color into larger glitter culminating in waves of tailed titanium salutes that increase in intensity. As the thunder from the salutes reach their peak, they are complimented by an increasing scale of fancy color shells overhead. M. Shows for Reference City of Edina City of Belle Plaine John Keprios Jim Lange 952 - 927 -8861 952 - 873 -4310 City of Lakeville City of Albertville Steve Michaud Ed Hackenmuller 952- 985 -4601 763- 497 -2353 City of Rosemount Saint Paul Saints Baseball Mareen Bouchard Derek Sharrer 651- 423 -4603 651 - 644 -3517 City of Shoreview Minnesota Twins Baseball Jacci Krebsbach Patrick Klinger 651- 483 -2416 612 - 642 -7024 City of Woodbury City of Vadnais Heights Theresa Janechek Brigid Nault 651- 735 -3322 651- 204 -6000 City of Bloomington City of Minnetonka Mark Morrison Dave Johnson 952 -563 -8693 952 - 939 -8360 City of Maple Grove City of Highland Park Mike Kinnan Shelly Harris 763- 424 -4365 651 - 699 -9042 City of Savage Prior Lake Chamber of Commerce Tom Brennan Sandy Fleck 612- 865 -5962 952- 440 -1000 City of Eden Prairie City of Fridley Lyndell Frey Peter Borman 952 - 949 -8438 763- 572 -3570 Q7 Eagan Funfest July 4th, 2010 $25,000 Opening Barrage: Size Quan Ferro Ti Linear Cylindrical Salute w/ Strobing Tail 3" 72 Golden Rain w /Golden Rain Trailing Effects 4" 2 Gold Wave Chrysanthemum to Purple to Red 4" 2 Red to White to Blue Chrysanthemum w /Tail 4" 2 Silver Spider Web w /Pink Strobe Pistil & Pink Tail 4" 2 Gold Willow to Red w /Red Tail 4" 2 Red Palm Tree w/ Red Tail 4" 2 Orange 8s Lemon Flashing Stars 5" 2 Orange Chrys w/ Silver Tips 8s Orange Tail 5" 2 Silver Whirl Flower Ring w/ Red Flashes 5" 2 Green & Gold Peony w /Gold Tail 5" 2 Brocade Crown to Crackling Willow & Crackling Tail 5" 2 Silver Brocade Crown w/ Palm Core & Rising Flowers 6" 2 Brocade Coconut Tree w/ Cherry Pistil 8v Red Tail 6" 2 Wave Coconut Tree to White Crossette w/ Silver Tail 6" 2 Blue Wave to Red w/ Shimmer Mag Tail 6" 2 Glittering Silver to Green Chrysanthemum w/ Glitter Tail 6" 2 Brocade Waterfall w /Multicolor Falling Leaves w /Spangle Tails 8" 1 Total 105 MWj • • 3" Pyrotechnic Effects Size Quan Green to Blue Peony w/ Silver Fish Pistils 3" 2 Glittering Silver to Blue Chrysanthemum 3" 2 Purple Peony w/ Silver Fish Pistils 3" 2 Green to Blue Peony w/ Silver Fish Pistils 3" 2 Silver Whirl Flower Shell 3" 2 Green Glittering Palm w/ Gold Tail 3" 2 Gold Wave Chrysanthemum to Silver to Green 3" 2 Green & Gold Glittering Chrysanthemum 3" 2 Diadem to Blue w /Gold Tail 3" 2 Cylinder Red & Green 3" 2 Yellow to Green Peony w/ Green Tail 3" 2 Silver Glittering Palm w /Tail 3" 2 Gold Crackling Palm w /Tail 3" 2 Half & Half Flat Chrysanthemum 3" 2 Golden Chrysanthemum w/ Coco Pistils 3" 3 Silver Chrysanthemum w /Coco Pistils 3" 2 Rainbow Dahlia w /White Strobe Pistil & Silver Tail 3" 2 Red, White Ss Blue Vargt'd Peony w/ Red Tail 3" 2 Glittering Silver to Green Chrysanthemum 3" 2 Gold Peony w/ Gold Tail 3" 2 Green 8s Gold Glittering Chrysanthemum 3" 2 Silver Glittering Palm w /Tail 3" 3 Gold Crackling Palm w /Tail 3" 2 Red Peony w/ Crackling Tail 3" 2 Glittering Green Chrysanthemum 3" 2 Red & White Flashing Stars 3" 2 Chain Orange, Aqua 8s Purple Chrys w /Purple Tails 3" 36 Chain Orange, Seablue & Grass Green Peony w/ Matching Tails 3" 36 Total 3" Pyrotechnic Effects 126 0 Uff i 4" Pyrotechnic Effects Size Quan Red, White 8s Blue USA Style Canister Shell 4" 3 Red Ring w/ Silver Fish Pistils 4" 2 Red & Silver Glittering Chrysanthemum w /Tail 4" 4 Red, White 8s Blue Star Pattern 4" 3 Bowtie w/ Ring 8s Tail 4" 2 Gold Flashing Crossette w /Whistling Tail 4" 2 Gold Dahlia w /Strobing Silver Pistil 8s Gold Tail 4" 2 Silver Strobes w /Red Flowers 4" 3 Silver Peony w /Coco Pistils & Shimmer Tail 4" 3 Red to White to Blue Chrysanthemum w /Tail 4" 2 Purple Peony w/ Silver Fish Pistils 4" 3 Giant Bowtie w/ Ring 4" 2 Gold Bowtie w/ Blue Ring 8s Gold Tail 4" 2 Red, White 8s Blue Chrysanthemum 4" 3 Three Concentric rings 4" 2 Aqua Peony w /Red Pistil 8s Rising Red Tail 4" 3 Bright Red & Glittering Gold Crossette w /Aqua Tail 4" 5 Pink Crossette w /Pink Tail 4" 3 Twinkling Crossette w /Blue Pistil 8s Silver Tail 4" 3 Crackling Crossette w/ Silver Whirl Pistil 8s Crack Tail 4" 3 Red 8s Blue Flashing Stars 4" 2 Cherry & Seablue Peony w /Rising Bue Tail 4" 2 Gold Kamuro w/ Multicolor Palm 8v Gold Tail 4" 3 Golden Rain Chrys w /Rising Whistling Tail 4" 3 Red Willow w /Strobing Silver Pistil 8s Strobe Tail 4" 3 Golden Peony w/ Silver Fish Pistils 4" 3 Emerald Peony w /Trailing Flowers 4" 3 Screecher USA Special Effects Shell 4" 3 Silver Whirl Flower Shell 4" 2 Glitter Silver to Yellow Chrysanthemum 4" 3 Golden Chrysanthemum w/ Gold Tail 4" 3 Strobing Chrysanthemum w/ Silver Tail 4" 2 Red Peony w/ Coco Pistils 8s Tail 4" 2 Multi Colored Peony w/ Flashing Stars 4" 2 Multi Colored Chrysanthemum w /Golden Tail 4" 2 Colors of the Flag Chrysanthemum 4" 3 Silver Dahlia w/ Green Tips 8s Silver Tail 4" 2 Glittering Coconut Tree w/ Silver Tail 4" 3 Orange Dark Grass Green Peony w /Green Tail 4" 3 Gold Crossette w /Red Pistil & Gold Tail 4" 2 Orange Dahlia w /Bright White Pistil 8s Orange Tail 4" 3 Red & White Flashing Stars w/ Red Tail 4" 3 Gold Wave to Red w/ Strobe Core 8a Strobe Tail 4" 2 Multicolor Palm Tree w/ Glitter Tail 4" 4 Purple Dahlia w /Coco Pistils 86 Purple Tail 4" 3 Silver Whistles 8s Purple Flashes 4" 2 Dragons Eggs Blue to Crackling Peony 4" 2 Golden Palm Tree w/ Silver Strobing Pistils 3C) 4" 2 Silver to Aqua w/ Red Pistil 8v Crackling Tail 4" 3 Gold Strobe w /Strobing Red Core 8, Strobe Tail 4" 3 Silver Strobe w/ Strobing Green Core & Strobe Tail 4" 3 Red Dark Red Crackling Peony w/ Red Tail 4" 3 Rain Brocade to Glittering Chrysanthemum 4" 3 Brocade Crown to Blue w /Rising Whistling Tail 4" 3 Diadem Chrysanthemum to Golden Willow 4" 3 Gold Kamuro w /Blue Pistil 8s Blue Tail 4" 2 Green Spider Web w /Rising Gold Tail 4" 3 Pink Peony w /Time Rain & Silver Tail 4" 2 Red Coconut w /Green Pistil 8v Red Tail 4" 3 Red Spider Web 4" 2 Glitter Silver to Red Chrys w /Crackling Tail 4" 2 Silver Glitter Crown w /Orange Strobe & Glitter Tail 4" 2 Diadem to Crackling w /Red Pistil & Silver Tail 4" 2 Diadem to Green w /Rising Green Flowers 4" 2 Silver Crown w /Strobing Green Pistil & Gold Tail 4" 3 Brocade Crown to Gold Glitter w/ Whistling Tail 4" 2 Aqua Peony to Cherry w/ Glitter Tail 4" 3 Silver Spinners w /Blue Peony 4" 3 Gold Spinners w/ Purple Peony 4" 3 Bright Blue Chrys w/ Silver Tips & Silver Tail 4" 3 Purple Peony w /Tail 4" 2 Gold Glitter Crown w /Gold Tail 4" 2 Silver Crackling Palm Tree w /Aqua Pistil & Red Tail 4" 2 Glittering Orange to Seablue Chrys w/ Silver Tail 4" 2 Green to Dark to Red Chrys w/ Rising Small Flowers 4" 2 Purple Chrysanthemum w /Silver Tail 4" 2 Green to Blue Peony w/ Silver Tail 4" 2 Silver Bismuth Crackling Coconut Shell 4" 2 Glittering Silver to Green Chrysanthemum 4" 2 White Strobing Chrysanthemum 4" 2 Silver to Green to Blue Peony w /Tail 4" 2 Glittering Ring w /Bismuth Crackling Pistils&,Tai1 4" 3 Red, White & Blue Coconut Crossette w /Tail 4" 3 Chain Red, White & Blue Peony w /Red Tail 411 9 Total 4" Pyrotechnic Effects 222 5" Pyrotechnic Effects Size Quan Red Bismuth Crackling Coconut w /Tail 5" 2 Golden Peony w/ Silver Fish Pistils 5" 3 Green to Blue Peony w/ Silver Tail 5" 3 Red, White & Blue Coconut Crossette w /Tail 5" 2 Red to Blue Peony w/ Silver Fish Pistils 5" 2 Diadem to Blue Chrys w/ Rising Silver Tail 5" 3 Red Dark Red Crackling Peony w/ Red Tail 5" 3 Silver Strobe w /Rising Silver Tail 5" 2 Blue w/ Spangle Palm Pistil 8a Blue Tail 5" 3 Gold Tremelon Crossette w /Gold Crackling Tail 5" 3 Diadem to Red Chrys w /Rising Crackling Tail 5" 2 Red, White & Blue Peony w/Rising RWB Flowers 5" 2 White Strobing Chrysanthemum 5" 2 Silver to Green to Blue Peony w /Tail 5" 3 Green Cycas w/3 Spangle Tails 5" 3 Multicolor Meteor w /Fiery Flashes 5" 3 Glitter Silver to Yellow to Green w/ Silver Tail 5" 2 Golden Spider w /Green Strobe Pistil 8v Rising Tail 5" 3 Purple Flowers in Purple Circle 5" 2 Brocade Crown Chrys w/ Red Tips & Silver Tail 5" 3 Glitter Silver w /Aqua Pistil 8, Silver Tail 5" 2 Green & Purple Flashing Stars w /Gold Tail 5" 2 Green Dark Gold Flashing Peony w /Gold Tail 5" 2 Silver Plum Crossette Chrys w /Red Pistil 8s Red Tail 5" 3 Red Gamboge to Silver to Purple Chrys w /Tail 5" 2 Red Gamboge to Blue to Red Chrysanthemum 5" 2 Red Chrysanthemum w /Crackling Pistils 5" 2 Grass Green to Orange Chrys w/ Silver Pistil & Tail 5" 2 Green Peony w /Double Pistil 8s Color Change 5" 2 Red Strobe Sparkling Lights 5" 2 Silver Strobe Sparkling Lights 5" 2 Ruby Red Chrysanthemum w/ Silver Tail 5" 2 Blue Star Pattern inside Silver Ring 5" 2 3 Cross Rings(Red, White, Blue) 5" 2 Jupiter Ring w/Tail 5" 2 Triple Ring w/ Crackling Coco Pistils 5" 2 Rainbow Palm Tree 5" 2 Gold 8v Silver Crackling Flowers w/ Rising Silver Tail 5" 3 Bright Red to Silver Chrys Red Pistil 8s Blue Tail 5" 2 Gold Flash Crossette w /Gold Flash Pistil 8s Crack Tail 5" 2 Silver Dahlia w/ Green Flowers & Silver Tail 5" 2 Silver Wave to Cherry w/ SeaBlue Pistil 8v Silver Tail 5" 3 Gold Brocade Glittering Palm w/ Brocade Tail 5" 2 Gold Flash w /Gold Flash Chrys Pistil 8, Gold Tail 5" 3 Gold Glitter to Red Crossette wJ /Red Tail 5" 4 Glittering Purple w /Aqua Pistil 8s Rising Aqua Flowers 5" 3 Gold Wave to Pink w /Seablue Pistil & Blue Tail 5" 3 Gold Hourglass w /Green Ring & Rising Gold Tail 3a 5" 2 Giant Silver Bowtie w/ Purple Ring 5" 2 Blue Dahlia w/ Silver Coco Tree Pistil & Silver Tail 5" 2 Purple Chrysanthemum w /Golden Tail 5" 2 Color Changing Chrys w/ Silver Glitter Core & Tail 5" 3 Red Strobe w/ Silver Tail 5" 2 Red Chrysanthemum w/ Silver Tail 5" 2 Half Red & Half Blue Chrysanthemum 5" 2 Golden Willow w /Red Tips & Gold Tail 5" 3 Glittering Silver to Green Chrysanthemum 5" 3 Seagreen Diadem w /Orange Pistil & Green Tail 5" 3 Gold Spider w /Coco Pistils 5" 3 Red to Flower Wave w /Green Tips & Red Tail 5" 3 Gold Wave to Multicolor Chrys w /Gold Tail 5" 3 Silver Crackling Spider w /Bright White Core & Tail 5" 3 Silver Brocade Crown w /Palm Core & Rising Flowers 5" 3 Gold Brocade Crown w /Aqua Core & Rising Tail 5" 2 Silver Crown w /Green Tips & Silver Tail 5" 2 Silver Crossetting Palm Tree w/ Silver Tail 5" 2 Bright Red Diadem w /Red Falling Leaves w/3 Spangle Tails 5" 3 Bright Red Strobe w /Revolving Dragons Mine 5" 3 Aqua, Orange, Lemon & Magenta Dahlia 5" 3 Purple Willow w /Reports 5" 3 Blue Peony w /Silver Fish Pistils 5" 2 Yellow Peony w/ Golden Tail 5" 2 Giant Bowtie w /Tail 5" 2 Total 5" Pyrotechnic Effects 178 33 6" Pyrotechnic Effects Size Quan Flickering Silver to Bright Red Chrys w/ Red Tail 6" 2 Golden Kamuro w /Trailing Fish 6" 2 Red,White,Blue to Crackling Chrysanthemum 6" 3 Glittering Gold Palm Tree w /Red Crossette Tail 6" 2 Red Chrysanthemum w /Crackling Pistils & Tail 6" 2 Red to Blue to White Flashing w/ Rising RWB Flowers 6" 3 Glitter Silver to Red Crossette w /Blue Pistil 8s Red Tail 6" 2 Gold Strobing Diadem w /Gold Spangle Pistil w/3 Spangle Tails 6" 2 Yellow to Blue to White Flash w/ Brocade Purple Pistil&Blue Tail 6" 2 Big Orange Ring w/2 SeaBlue Inner Rings w /Tail 6" 2 Red Wave w /Gold Crackling Chrys Pistil & Crack Tail 6" 3 Glittering Silver to Red to Yellow Chrys w/ Silver Tail 6" 3 Gold Flashing w/8 pc's of Chrys Pistil & Ris Flowers 6" 2 Silver Crossette w /Bright Green Tips 6" 2 Ring w/5 Chrysanthemums & Rising Flowers 6" 3 8 Pieces Chrys w /Ring & Whistling Tail 6" 2 Thousands Fresh Color Dahlia w /Rising Flowers 6" 3 Orange Flashing Dahlia w/ Orange Tail 6" 3 Gold Bowtie w /Blue Ring 6" 2 Red 8v Blue Crossetting Rings 6" 2 Red Gamboge to Silver to Blue w /Pistils & Tail 6" 2 Gold Glitter Crown Crossette w /Gold Tail 6" 3 Blue to Green to Strobe Chrys w /Tail 6" 2 Red Gamboge Purple w/ Silver Glitter Tail 6" 2 Orange Chrys to Silver w /Trails of Glitter 6" 2 Mr Yu's Titanium Spider w /Huge Crackling Tail 6" 3 Saturn Green Peony w /Tail 6" 3 Brocade Ring w/ Red Pistils 8s Brocade Tail 6" 2 Glittering Coconute w /Crackling Pistil 8v Silver Tail 6" 3 Blue Star Pattern w/ Red Ring 6" 2 Green Willow w /Red Crisscross 8v Green Tail 6" 2 Red Crackling Willow w/ White Strobe Pistil & Tail 6" 2 Silver Palm Tree w/ Silver Tail 6" 3 Glitter Silver to Green Chrys w /Green Tail 6" 3 Silver Crackling Flower Crossette w/ Crackling Tail 6" 2 Red, White & Blue Chrys w /Gold Glitter Tail 6" 2 Red Gamboge to Siver to Aqua w/ Silver Tail 6" 2 Multicolor Dahlia w/ White Strobe Pistil 8s Silver Tail 6" 2 Orange, Lemon & Seablue Peony w /Rising Flowers 6" 2 Brocade Crown to Silver Time Rain w /Crackling Tail 6" 2 Diadem to Strobing Chrys w/ Silver Tail 6" 3 Gold Kamuro to White w /Rising Gold Tail 6" 2 Gold Brocade w/ Flashing Pistil 8w Gold Tail 6" 2 Silver Wave to Orange w /Blue Pistil 8v Blue Tail 6" 3 Glitter to Purple Chrys w/ Whistling Tail 6" 2 Red Revolving Dragons w /Red Pistil Cylinder Shell 6" 2 Bright Red Ghost Peony w /Silver Pistil 6" 3 Green Ghost Peony w /Bright Red Pistil q 6" 3 Silver Wave to Blue Chrys w/ Red Pistil & Silver Tail 6" 2 Red Gamboge to Crackling Chrys in Blue Circle w /Spangle Pist 6" 2 Blue to Dark to Red Peony in Dark to Green Ring w/ Spang Pist 6" 2 Lemon Dahlia w/ Lemon Tail 6" 2 Thousand Red, White & Blue Chrysanthemums 6" 3 Nishiki Kamuro w /Brocade Tail 6" 2 Red Gamboge to Silver to Purple Chrys w /Tail 6" 3 2 Layer Bismuth Crackling w /Tail 6" 3 Brocade Purple to Silver w/ Rising Small Flowers 6" 3 Silver Bowtie w /Green & Tail 6" 2 Gold Silk Waterfall w /Brushed Gold Tail 6" 3 Blue Coconut w/ Silver Coconut Pistil & Tail 6" 3 Red to White to Blue Peony w /Tail 6" 2 Diadem Chrys to Strobing w/ Rising Small Flowers 6" 3 Red Peony W /Silver Fish Pistils W /Tail 6" 3 Flickering Gold w /Waves of Red 8v Gold Tail 6" 3 Red to Silver Peony w /Tail 6" 2 Gold Wave Chryanthemum to Blue to Red 6" 3 Red to Green to Strobe Chrysanthemum 6" 2 Brocade Palm Tree w/ Rising Brocade Flowers 6" 2 Red Dark Blue Peony w/ Rising Colored Tail 6" 2 Silver Ring w/ Blue Star Pattern 6" 2 Gold Star w/ Rising Gold Star Shells 6" 3 Gold Wave Chrysanthemum to Blue w /Tail 6" 3 Spangle Chrysanthemum 6" 3 Total 6" Pyrotechnic Effects 176 3'S7 8" Pyrotechnic Effects Size Quan Bright Red Wave w/ Rising Red Flowers 8" 1 Gold Strobing Diadem w/ Red &Green Strobing Double Pistil 8" 1 Silver Chrys w /Red Strobing Core & Rising Flowers 8" 1 3 Time Brocade Crossette w /Red Tips & Brocade Tail 8" 1 Glittering Silver to Blue to Red Strobe Chrys w /Wht Strobe Pist 8" 1 Mag Color Dahlia w /Rising Fresh Flowers 8" 1 Red, White & Blue Vargt'd Peony w /Ris RWB Flowers 8" 1 Diadem Chrys w /Ruby Red Strobing Pistil & Red Tail 8" 1 Time Rain w /Crackling Pistil & Crackling Tail 8" 1 Red Gamboge to Green to Blue Chrys w /Red Tail 8" 1 Red Wave w/ Gold Crackling Chrys Pistil & Crack Tail 8" 1 Silver Time Rain Coconut Tree w/ Red Core & Tail 8" 1 Silver Wave to Red, White & Blue Chrys w /Tail 8" 1 Gold Wave to Purple w /Crisp Silver Puffs & Tail 8" 1 Rain Willow w /Trailing Brocade Flowers 8" 1 Red, White & Blue Coconut Crossette w /Tail 8" 1 Multi -color Rings Shell w /Rising Ring Effects 8" 2 Total 8" Pyrotechnic Effects 18 o Signature Pattern Shell Segment Size Quan Red Star w /Blue Ring 8v Silver Tail 5" 1 Flat Saturn w/ Gold Tail 5" 1 Big Orange Ring w/2 Seablue Inner Rings w /Tail 5" 1 Silver Wave to 4 Color Ring w/ Silver Ascending Tail 5" 1 Smiley Face(multi- colored) 5" 1 Bright Red Heart w/ Red Strobing Tail 5" 1 Jupiter Ring w /Rising Bright White Planets 6" 2 Five Concentric Rings w /Tails of Shellettes 6" 2 Saturn w /Multi Colored Rings & Rising Strobe Tail 6" 2 Giant Bowtie w /Silver Fish Pistils 8a Silver Tail 6" 2 Total Signature Pattern Shell Segment 14 Patriotic Shell Segment Size Quan Patriotic Peony w/ Red, White & Blue Pistils 4" 2 Red, White 8s Blue USA Style Canister Shell 4" 2 Red, White 8s Blue Star Pattern 4" 2 Red, White Blue Coconut Crossette w /Tail 5" 1 Red, White Blue Spinners w /Rising RWB Flowers 5" 1 Red, White 8s Blue Peony w /Glittering Bombettes 5" 1 Red, White 8s Blue Glitter w /Red Strobe Pistils 5" 1 Red to Silver Chrys w /Blue to Red Pistil 6" 2 Blue to Red Dahlia w/ Silver Tips 6" 2 Silver Wave to Blue w/ Red Glitter Trails 6" 2 Total 16 Multiple Effects Barrage Series Cakes Quan 100 Shot Gold Chrys Flower w /Alternating Rainbow Colors 1 100 110 Shot Pink 8s Seablue Tails 1 110 150 Shot Peacock Exercise w /Blue Mines 1 150 180 Shot Peacock Exercise w /Blue Mines 1 180 300 Shot "O" Style Cake Green, White 8v Red Scenery 1 300 72 Shot Silver Whirl to Green Strobe w/ Crackling 1 72 150 Shot Red Time Rain w /Crackling Stars 1 150 Total Multiple Effects Barrage Series 7 1062 37 Grand Finale Size Quan Ferro Ti Linear Cylindrical Salute w/ Strobing Tail 3" 60 Finale Linear Cylindrical Glitter w/ Color w/ Mag Color Tail 3" 60 Finale, Gold Willow w /Gold Tail 3" 36 Finale, Asst Colors(2ea- R,W,B,G,P) w /Tail 3" 36 Finale, Asst Fish W / Rings w /Tail 3" 24 Finale Red, White 8v Blue(3 ea)+ 1 Ti Salue &Tail 3" 36 Finale, Crackling Silver Spider w/ Crackling Tail 3" 36 Finale Ti Salute w /Very Heavy Report & Crackling Tail 3" 72 Finale Ti Salute w /Very Heavy Report 8v Whistling Tail 3" 72 Finale Ti Salute w /Very Heavy Report 8v Silver Tail 3" 72 Brocade Crown w/ Crackling Pistil 8s Crackling Tail 4" 18 Magnum Titanium Salute w /Crackling Tail 4" 36 Red Bismuth Crackling Chrysanthemum w /Tail 4" 3 Golden Willow to Purple w /Coco Pistils 4" 3 Red, White 8v Blue Peony w /Rising RWB Flowers 4" 3 Glitter Silver to Yellow Chrysanthemum w /Tail 4" 3 Gold Wave to Red Diadem Chrys w/ Rising Silver Tail 4" 3 Silver Crown w /Bright Red Tips 8v Rising Silver Tail 4" 3 Red to Silver Peony w /Tail 5" 2 Crackling Kamuro Peony w/ Rising Crackling Tail 5" 2 Nishiki Kamuro w /Green Tips & Silver Tail 5" 2 Half Orange 8s Grass Green Peony w /Orange Tail 5" 2 Color Changing Kamuro w/ Gold Tail 5" 2 Red Gamboge to Varigated Chrys w /Gold Tail 5" 2 Multicolor Peony w/ Silver Glitter Trails 8s Flowers 6" 2 Kamuro Chrys w/ Multicolor Pistil & Red Tail 6" 2 Red, White 8v Blue Peony w /Rising RWB Flowers 6" 2 Diadem Chrys to Strobing w/ Strobing Flowers 6" 2 Gold Wave to Silver w /Rising Red&,Gold Flowers 6" 2 Glittering Gold to Flash Kamuro Chrys 8s Glitter Tail 8" 1 Total Finale Effects 599 Grand Total of Effects in Display Total Materials Used by Size 2,516 3" 702 4" 312 5" 210 6" 210 8" 20 Cakes 7 IV 39 lad, lwl A� Agenda Information Memo February 16, 2010, Eagan City Council Meeting CONSENT AGENDA Acceptance of a Dell Computer valued at $3,000 through the Office of Juvenile Justice and Delinquency Prevention ( OJJDP). ACTION TO BE CONSIDERED: Accept a forensic computer through OJJDP via the ICAC (Internet Crimes Against Children) initiative. FACTS: • The St. Paul Police Department is the recipient of a federal grant from the Office of Juvenile Justice and Delinquency Prevention ( OJJDP). • The purpose of the grant is to provide law enforcement with funding to combat internet crimes where children are the victims. Equipment, training, and personnel expenses are available to the city if Eagan Police Officers assist in the investigation, prosecution, and prevention of illegal exploitation of children via the internet. • On July 7, 2009, the Eagan City Council approved a Joint Powers agreement with St. Paul Police Department, allowing the Eagan Police Department to be a member of the ICAC initiative. • The police department's forensic computer is in need of replacement and a new one is available through the grant. • Acceptance of the computer from ICAC will allow the Eagan Police Department to continue investigations involving children and the internet. ATTACHMENTS None WO Agenda Information Memo February 16, 2010, Eagan City Council Meeting J. AUTHORIZE THE ISSUANCE OF REQUEST FOR PROPOSALS FOR INSURANCE BROKER SERVICES AND AUTHORIZE THE ADVERTISEMENT FOR BIDS ACTION TO BE CONSIDERED: To authorize the issuance of Request for Proposals for insurance broker services and authorize the advertisement for bids. FACTS: ➢ Requests for Proposals for contracted City services are typically sought on a three to five year cycle. At this time, staff is requesting authorization to issue a Request for Proposal (RFP) to solicit bids for insurance broker services. ➢ RFPs will be sent to the City's current insurance broker in addition to two other firms. These brokers represent the primary vendors providing brokerage services to governmental entities. An advertisement for bids will also be placed in the City's legal newspaper. ➢ Staff expects that a recommendation for insurance broker services would be presented to the City Council at the April 6 Council meeting. ➢ If any member of the City Council would like to review a copy of the RFP, please contact the City Administrator's office. ATTACHMENTS (0): 41 Agenda Memo February 16, 2010 City Council Meeting K. APPROVE a contract with ThemeScapes for the final design and construction of a themed amenity to be constructed at Cascade Bay. ACTION TO BE CONSIDERED Approve a contract not to exceed $200,000 with ThemeScapes, Inc for the final design and construction of a themed amenity to be constructed at Cascade Bay. FACTS • During the 2010 budget review for Cascade Bay in October 2009 the City Council directed staff to research and bring back ideas for potential enhancements to Cascade Bay that could freshen the experience of the water park. • Several options were identified that might offer unique new opportunities for Cascade Bay visitors; some of which were between $500,000 and $1 million and were deemed to be cost prohibitive. • In December 2009 the Director of Parks and Recreation shared an idea with the City Council that would capture the audience that most typically frequents Cascade Bay and provide a new and exciting play opportunity for Cascade Bay guests. • Based on the City Council's direction to move forward with a themed element that will provide a unique new play component, staff has worked with ThemeScapes to define the scope of work that would be involved and to develop a cost analysis of the work that would be completed for the opening of the Cascade Bay season. • The preliminary work has been completed and staff is ready to move forward with the process of constructing the themed enhancement. • The actual details of the new play feature have been kept secret in order to create a level of anticipation and surprise. Planning is underway for a drawn out unveiling to capitalize on the "buzz" this new surprise feature will create in the community. • The cost of this new feature will not exceed $200,000 and will be paid for from the Renewal and Replacement Fund. ATTACHMENTS None ffla-.8'. Agenda Information Memo February 16, 2010, Eagan City Council Meeting L. EXTENSION FOR RECORDING FINAL SUBDIVISION — (THE OAKS OF BRIDGEWATER 3 u ADDITION) ACTION TO BE CONSIDERED: To approve a 120 -day extension of time to record the final subdivision for The Oaks of Bridgewater 3rd Addition, located at 3862 Bridgewater Drive. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the final subdivision on December 15, 2009. ➢ The requested 120 -day extension would allow until June 16th, 2010, for the plat to be recorded. ➢ This extension request is due to unexpected title issues that need to be resolved with the lien holder. ATTACHMENTS (2J; , Location Map, page Letter from Applicant, page �3 January 26, 2010 City of Eagan Attn.: Mike Ridley City Hall 38 -30 Pilot Knob Road Eagan, MN 55122 RE: The Oaks of Bridgewater, P Addition Dear Mayor and Council: Please consider this letter my request to extend for 120 days the time in which to file with the County the plat of "The Oaks of Bridgewater, 3rd Addition." The reason for this request is that after the City approved the plat some unexpected title issues arose that has delayed the filing of the plat. My attorney should have those issues resolved shortly, but to be safe, I am requesting this extension. My check for the $75.00 fee is enclosed. Thank you for your consideration. Sincerely, June G. Hall 41 Agenda Information Memo February 16, 2010 Eagan City Council Meeting M. PROJECT 1015, BLACKHAWK ROAD STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1015, ( Blackhawk Road - Street Improvements) and schedule a public hearing to be held on March 16, 2010. FACTS: • On June 2, 2009 the City Council directed staff to prepare a feasibility report considering the street rehabilitation of Blackhawk Road, from Cliff Road to Highway 13. • A structural mill and overlay for Blackhawk Road (Cliff Road to Deerwood Drive) and a full pavement reconstruction for Blackhawk Road ( Deerwood Drive to Highway 13) are 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, March 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 � 19 Agenda Memo February 16, 2010 Eagan City Council Meeting N. SPECIAL ASSESSMENT POLICY UPDATE ACTION TO BE CONSIDERED: Approve an update to the City of Eagan's Special Assessment Policy addressing premature infrastructure failure and authorize immediate implementation of said policy amendment. FACTS: • In 1989, the Public Works Department incorporated a Pavement Management System (PMS) to help identify, inventory, and track the structural performance and condition of the City's public street system. The PMS enabled the development of the City's Pavement Management Program (PMP) which addresses the application of various bituminous pavement maintenance strategies to extend the overall expected life cycle of the City's street system in the most economical and efficient manner. • On February 19, 1991, the City Council adopted a Special Assessments Policy and initiated implementation of the policy on all public improvements thereafter using special assessments as authorized by Minnesota Statutes, Section 429. The Special Assessments Policy addresses some of the street maintenance methods and strategies incorporated as part of the PMP. • On June 2, 2009, the City Council directed staff to prepare a feasibility report considering the street rehabilitation of Blackhawk Road, from Cliff Road to Highway 13 in west - central Eagan. The preparation of the feasibility report and the associated field work and preliminary design investigation for Project 1015, Blackhawk Road Street Revitalization, has revealed a notable deficiency in the life expectancy of the previous public street improvement on the portion of the project between Deerwood Drive and Highway 13. • The portion of Blackhawk Road from Deerwood Drive to Highway 13 was reconstructed in 1994. In accordance with the City's PMP, the expected life cycle of a bituminous street in Eagan would anticipate an overlay of the street surface twenty years after such a reconstruction occurred. • This street segment currently has a Pavement Condition Index rating that indicates an overlay would be the most appropriate maintenance strategy this coming construction season, which would be only sixteen years after the previous reconstruction. • This street segment has also been experiencing a "tenting" phenomenon over the past several winters that has significantly decreased the ride - ability of this segment. It has been surmised that the cement in the recycled concrete used for the aggregate base attracts and holds moisture exacerbating the freeze /thaw cycle resulting in the heaving of the pavement at the cracks causing this "tenting" effect. This "tenting" has been the source of numerous complaints. • The use of special assessments to finance a portion of the proposed reconstruction of Blackhawk Road should not be handled in the "typical" manner as currently prescribed in the Special Assessment Policy. The use of assessments may be exercised with an amendment to the policy to insure equity in major maintenance improvement investments that don't meet their expected life cycle of benefits. • A staff review of the League of Minnesota Cities (LMC) Resource Library discovered a Special Assessment Policy guide compiled by Ehlers & Associates Inc. at the request of the LMC in 2009. While the current City of Eagan Special Assessment Policy concurred with the Ehlers /LMC guide, the guide did include a portion on "Policies of Reassessment" that is not included in the City's policy. • An amendment to Section 5: Special Regulations of the City of Eagan's Special Assessments Policy with the addition of Subdivision 8: Reassessment — Premature Infrastructure Failure has been prepared by the Engineering Division and is in order for favorable Council action. ATTACHMENTS: • Draft Special Assessment Policy Amendment, page. City of Eagan's Special Assessments Policy Section 5: Special Regulations Subdivision 8: Reassessment — Premature Infrastructure Failure The City shall design public improvements to last for a defined service life per industry standards. The life expectancy or service life shall be as stated in this section, unless specifically stated otherwise by City Council action. When a public improvement is proposed to replace an existing public infrastructure prior to the expiration of its relevant life expectancy or service life, the assessable cost shall be calculated to provide proportionate credit for the unfulfilled life of the infrastructure. No residual value shall be attributed to a public infrastructure that does not fulfill at least 50% of its original life expectancy or defined service life; accordingly, no assessable cost shall then be levied for the replacement public improvement. The following are the "life expectancies" or "service lives" of public infrastructure, unless specifically stated otherwise by City Council action. 1. Sidewalks - 50 years 2. Trails — 20 years 3. Street Improvements — 20 years 4. Curb and Gutter, Concrete - 75 years 5. Ornamental Street Lighting - 20 years 6. Street Signage - 15 years 7. Water Mains - 50 years 8. Sanitary Sewers - 50 years 9. Storm Sewers - 50 years PA16 Agenda Information Memo February 16, 2010 Eagan City Council Meeting O. CONTRACT 10 -02, CITYWIDE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 10 -02 (Citywide Street Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, April 1, 2010. FACTS: • Contract 10 -02 provides for the street improvements of: o Lexington Parkview (City Project 1008) • Greensboro Addition (Project 10 18) • Thomas Lake Woods (Project 1020) • Overhill Farm (Project 1022) • Eagan Royale/ Safari Estates 2 "d/ Safari 3`d & 4"' (Project 1023) • Oak Cliff 4th Addition (Project 1025) • Northview Meadows 2 "d Addition (Project 1026) • Patrick Road (Project 1027) as outlined and discussed in the respective feasibility reports for each project. • On January 5, 2010, the City Council held public hearings for Projects 1018, 1022, 1026 & 1027. After public testimony on Hunter Lane removal on Project 1018, the Council approved the projects and authorized preparation of detailed plans and specifications for the 2010 construction season. • On January 19, 2010, the City Council held public hearings for Projects 1020, 1023, & 1025. The Council also approved the projects and authorized preparation of detailed plans and specifications for 2010 construction. The public hearing for Project 1008 is scheduled for February 16, 2010. • These projects are being combined under one contract for economies of scale in the competitive bidding process. The plans and specifications have been completed by the City Engineer and are being presented to the City Council for their approval and authorization for the advertisement of 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 was successfully used for the four previous Citywide Street Improvement 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. Agenda Information Memo February 16, 2010, Eagan City Council Meeting P. EXTENSION FOR RECORDING FINAL PLAT, MODIFICATION TO FINAL PLAT AND TEMPORARY CERTIFICATE OF OCCUPANCY (CEDAR GROVE PARK AND RIDE) — MVTA ACTIONS TO BE CONSIDERED: To approve a one month extension of time to record the final plat For Cedar Grove Park and Ride, consisting of 9 acres, located at 4035 Nicols Road. To approve minor modifications to the final plat for Cedar Grove Park and Ride, consisting of 9 acres, located at 4035 Nicols Road. To allow a temporary certificate of occupancy to be issued notwithstanding that the plat is not yet recorded for the building located at 4035 Nicols Road. FACTS: ➢ The City Council approved the final plat on September 15, 2009. ➢ A six month extension of time to record the subdivision was granted in 2009. ➢ The requested one month extension would allow until April 15, 2010, for the plat to be recorded. ➢ The extension request is due to slight discrepancies in the legal descriptions of the deeds forwarded from MnDOT as compared to the final plat. The modifications must occur prior to filing of the Final Plat. Please see the attached letter from the applicant. ➢ The Metropolitan Council plans to commence service from the Cedar Grove Transit Station on March 1, 2010; therefore a temporary certificate of occupancy is requested. ATTACHMENTS (3): , Location Map, page Plat modifications, on pages 'C'Xz), tlir�- Letter from Applicant, on pages througl 50 RECEIVED FEB 0 9 1010 :-26.41' 180 013' l p 8404 p { (19 -4 t f i 1'f t Nlle7T +L A14+ t o�iS ,J1GNic"' Gnt4 W 5 f i ~Ol 4AA E I L = 430 43' 27" i RT */t R = 1437.88' L = 1097.29' CH = 1070.86' ' CH AZ = 140 15' 27" I w I I ? � Cf 1 I ` 4L z Z i ti a jj / "r # cc �1 a G7 Z 0 z �•S ho{ t �Cf�iCA ,� _ 8 tI� � F ` ./ ►, � i � qty J / j_ } 5� BEST & FLANAGAN LLP ATTORNEYS AT LAW 225 South Sixth Street, Suite 4000 Minneapolis, Minnesota 554024690 Telephone 612 339 7121 Facsimile 612 339 5897 www.bestlaw.com Robert B. Bauer Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 Re: Cedar Grove Park & Ride Dear Mr. Bauer: RECEIVED FEB 0 9 1010 Writer's Direct Dial No.: (612) 341 -9722 E -Mail Address: bross @bestlaw.com February 9, 2010 I am writing as counsel for the Metropolitan Council and Minnesota Valley Transit Authority concerning the occupancy of the Cedar Grove Park & Ride Station. As you know, the property for the station is located within MnDOT right- of:way, and MnDOT is granting to the Metropolitan Council an easement over a portion of the property and the title to the remainder of the property needed for the station. Metropolitan Council has prepared a plat, which was approved by the County Surveyor and City staff, subject to recording of the deeds from MnDOT and easements to the utilities that have lines located in the area being platted. The easements include an easement to the City for drainage and utility purposes. The easements for the utilities are prepared and ready to be recorded, and the Counsel is finalizing the form of the easements to the City. Counsel anticipated that it would have all the requirements for recording the plat completed prior to March 1, 2010, which is the date that MVTA plans to commence service from the Cedar Grove Transit Station. However, the Council recently received the deeds from MnDOT and there is a slight discrepancy in the legal descriptions in the deeds as compared with the plat. There are three areas where excess land is included in the deed, and one area on the southern end of the plat where there is a discrepancy of two feet. The Metropolitan Council plans to make the slight revisions to the plat so that it is consistent with the deeds from MnDOT, but this will result in a slight delay in recording of the plat as the revised plat will need to be reviewed by the County Surveyor, as well as City staff. The Council is therefore requesting that the City issue a temporary certificate of occupancy for the Cedar Grove property so that MVTA can commence service on March I" as planned. The Council will move forward with completing the platting process as soon as possible so that a Certificate of Occupancy can be issued. The Council also requests an extension of time to record the plat, which is currently scheduled for March 15, 2010. We may be able to complete it by then, but in the event the process is not complete, the Counsel is requesting a one month extension. 63 February 9, 2010 Page 2 We appreciate the cooperation of the City in this matter, so that MVTA can start service as planned on March 1, 2010. If you need additional information or have any questions, feel free to call me. Sincerely, 6wku,&- w . 24:�O Barbara M. Ross cc: Beverley Miller, Minnesota Valley Transit Authority Peter Hanf, Metropolitan Council 010252/280002/11572921 fffi Agenda Memo February 16, 2010 City Council Meeting Q. APPROVE a guaranteed energy savings contract to McKinstry for the implementation of selected energy savings measures related to the City's Energy Efficiency Conservation Block Grant allocation of $657,100 ACTION TO BE CONSIDERED Approve the `Scenario A" list of proposed energy conservation and capital projects for select City buildings and authorize implementation utilizing EECBG funds. Authorize staff to enter into a guaranteed savings contract for construction management with the firm of McKinstry and designate the Director of Parks and Recreation to sign associated project documents. FACTS • In 2009, the City received a grant award of $657,100 of Federal stimulus funding through the EECBG program administered by the US Department of Energy to implement energy conservation improvements. • Shortly thereafter, the City contracted with the consulting firm of McKinstry to conduct a preliminary energy Audit of select City buildings and assist with procurement of the grant. • The grant was submitted in the category of "Energy Efficiency and Conservation Programs for Buildings and Facilities ", the goals of which are consistent with the Council initiative of reducing the City's "carbon footprint" through the implementation of initiatives to improve energy efficiency and conservation it City buildings. • Upon approval of the grant, McKinstry conducted a detailed audit of City buildings and developed a list of potential projects for review by City staff. The projects selected (Scenario A) were determined to have the greatest potential for a prompt payback, maximization of the grant proceeds and discernable results and savings. • Additional input was sought from energy providers for the provisions of rebates that could be included in the final cost estimate calculation. • The estimated cost of the select improvements, including consulting the contracts is $714,207. With rebates and the grant proceeds the estimated actual cost to the City will be $8,407. • The improvements will provide an annual energy savings of approximately $37,312, save 1,430,924 gallons of water and reduce the carbon output by 550,000 pounds. Approximately 15 jobs will be created or saved through the use of local contractors. • A construction management contract for implementation of the project will be negotiated with McKinstry and will follow the guidelines for a guaranteed savings contract as prescribed by the State and Federal requirements, the contract will be funded through the grant and the energy cost savings. Any additional contracts beyond the year one reporting requirements will require a separate negotiation and approval. S9 • The Scenario A project list and implementation plan were shared with the Council at their workshop on February 9. It was suggested that they be brought forth as presented for formal action. ATTACHMENTS List of proposed projects (Scenario A) on pagess7 Y- 5s 0 rx '. 3 EEO rL S7 0 ON 40, "0 ;1 'A a 46 4, OR 0 tS 'lot. 11 all 41 a M 40, 0 4w E. 40� jai 13 Im •F2 S7 r a .r � BH$a+r0 � o+eV C 0 Ll 0 0 N a M a M a N a •� M M N M L! � M � if �. V :Y 1l : 4k sy F- UUU A Ll Agenda Information Memo February 16, 2010 Eagan City Council Meeting R. REGIONAL ROADWAY SYSTEM VISIONING STUDY (Eagan, Inver Grove Heights, Dakota County, MnDOT) ACTION TO BE CONSIDERED: Approve an amendment to the agreement with Dakota County and Inver Grove Heights to conduct the Regional Roadway System Visioning Study ( RRSVS) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On March 16, 2009, the City Council approved an agreement with Dakota County and Inver Grove Heights to conduct a regional roadway system visioning study of the northeastern Eagan, northwestern Inver Grove Heights, Mendota Heights and Sunfish Lake area. • In July 2007, Dakota County, the City of Inver Grove Heights and the City of Eagan completed the North -South Corridor Travel Demand Study ( NSCTDS). The study developed 2030 traffic forecasts and provided preliminary analysis for a variety of roadway options to address future traffic volumes in north - central Dakota County. • The results of the NSCTDS provided the impetus for a multi- agency vision for the roadway system in the north - central portion of Dakota County. The RRSVS is fulfilling this need by providing the framework for recommended transportation improvements, required agency approvals, funding strategies, land use decisions and development phasing. • The RRSVS is specifically addressing how the transportation system needs to be changed to handle the growth currently planned in Eagan, Inver Grove Heights, and surrounding communities. Throughout the course of this study, a number of roadway system improvement scenarios have been developed and evaluated. The end result will be a long -term vision for roadway improvements, including lane additions and system interchange needs. This study does not identify construction timetables or identify a specific funding plan for improvements. The study began in April 2009 and will be completed by Spring 2010. • Before concluding the study, it is imperative to determine whether an interchange on I -494 in the area of Argenta Trail/Delaware Avenue is a viable option. In order to get an indication from the Federal Highway Administration (FHWA) on whether a new interchange option could move forward, an interchange warrant analysis is needed. While much of this information is available, the consultant will need to assemble it in the proper format and work with FHWA to get their approval of the document. The estimated cost is $12,000. • The consultant has worked on a number of items as part of the RRSVS that were not in the original work scope. They are estimating the cost of those items to be $8,000. • The original partners for the study had agreed to divide the estimated cost among the agencies with Dakota County being responsible for two - thirds of study cost, the City of Inver Grove Heights responsible for one -sixth and the City of Eagan responsible for one - sixth. The Major Street Fund has financed Eagan's share to date of $37,500. • While active with the development of both studies, the Minnesota Department of Transportation (MnDOT) was not originally a financial partner. MnDOT has actually reimbursed Dakota County for one -third of the original RRSVS cost and has agreed to share likewise in the cost of the amended work scope. • The cost for the amendment to the RSVS would be distributed as follows: Dakota County $6,667 (33 %), MnDOT $6,667 (33 %), City of Inver Grove Heights $3,333(16.5 %), City of Eagan Major Street Fund $3,333(16.5 %). The Inver Grove Heights City Council approved the amendment on February 8 and the County Board will consider approval on February 23. Sq Agenda Information Memo February 16, 2010, Eagan City Council Meeting S. ON -SALE WINE, SUNDAY WINE AND 3.2 PERCENT MALT LIQUOR LICENSE FOR SMASHBURGER ACQUISITION- MINNEAPOLIS, INC., DBA SMASHBURGER, 1270 PROMENADE PLACE ACTION TO BE CONSIDERED: To approve the On -Sale Wine, Sunday Wine and 3.2 percent malt liquor license for Smashburger Acquisition - Minneapolis, Inc., dba Smashburger, 1270 Promenade Place. FACTS: ➢ The officers of Smashburger Acquisition - Minneapolis, Inc., Scott Crane and Ryan McMonagle, have applied for an On -Sale Wine, Sunday Wine and 3.2 Percent Malt Liquor license with the City of Eagan. The restaurant will be located at 1270 Promenade Place. ➢ As part of the remodeling plan, the Stonehenge development (formerly Ethan Allen) received zoning approval in May 2009 for two on -sale liquor licenses in conjunction with anticipated future restaurants. The zoning approval was through a PD Amendment rather than a CUP; therefore, approval of a CUP is not required for this establishment. Following approval of the liquor licenses, the wine license will be forwarded to the Department of Public Safety /Liquor Control Division for final approval. ➢ The required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. No reason was found to deny the licenses. ATTACHMENTS (0): &n Agenda Information Memo February 16, 2010 Eagan City Council Meeting A. PROJECT 1008, LEXINGTON PARKVIEW STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1008 (Lexington Parkview - 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 0.7 mile of streets within the Lexington Parkview neighborhood in east - 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 January 19, 2010, the feasibility report for Project 1008 was presented to the City Council and a Public Hearing was scheduled for February 16 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on February 9 for the adjacent property owners to discuss the proposed improvements. Of the 54 total properties (52 single - family homes, 2 public facility properties) proposed to be assessed under this improvement, no one 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 C01 City of Ea�an February 10, 2010 Mike Maguire Honorable Mayor and City Council Mayor City of Eagan 3830 Pilot Knob Road Paul Bakken Eagan, MN 55122 Cyndee Fields Re: Lexington Parkview - Street Revitalization Gary Hansen City Project No. 1008 Meg Tilley Council Members Dear Mayor and City Council: Attached is our report for the Lexington Parkview - Street Revitalization, City Thomas Hedges Project No. 1008. The report presents and discusses the proposed City Administrator 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, Municipal Center 3830 Pilot Knob Road John P. Gorder Eagan, MN 55122 -1810 Assistant City Engineer 651.675.5000 phone 651.675.5012 fax I hereby certify that this report was prepared by me or under my direct 651.454.8535 TDD supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Maintenance Facility ` 3501 Coachman Point � John P. Gorder Eagan, MN 55122 � - l U 1 U Date: Reg. No. 22813 651.675.5300 phone Reviewed By: 651.675.5360 fax 651.454.8535 TDD Z' i ©- 10 Dept. of P blic Work Date: www.cityofeagan.com Reviewed y: Finance D6 pt. Date: The Lone Oak Tree The symbol of strength and growth in our community. 10 TABLE OF CONTENTS Page Introduction ........................................ ............................... .......1 ................ Scope........................................................................ ..............................2 Feasibility and Recommendations ...................................... ..............................2 StreetEvaluation .......................................................... ..............................2 Proposed Improvements ................................................. ............................... 3 Easements/ Permits ....................................................... ..............................5 CostEstimate'.- ....... .......... I .................................... 11—.171 ....... 7., ........... 1..,.-,.......-.,.--.,.,-5 Assessments............................................................... ............................... 5 Assessment Financing Options ........................................... ..............................6 RevenueSource ........................................................... ..............................7 ProjectSchedule .......................................................... ..............................8 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 2 3 Location Map Street Improvement /Assessment Area Map Typical Section - Overlay February 2010 Lexington Parkview Street Revitalization - Eagan, Minnesota Introduction/ 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 0.7 miles of local residential streets in the Lexington Parkview neighborhood in east central Eagan are identified for the 2010 overlay improvements. Figure 1, located in Appendix C, illustrates the project location. These streets constructed in 1987. 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 23 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 in 1992 and 2000. 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 Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on substantial portions of the streets under consideration in 2008, 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. Lexington Parkview - Project 1008 1P J Pa 1 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. This project will provide resurfacing (edge mill and overlay) for approximately 0.7 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 to sanitary/storm sewer utility castings, water gate valves, and street signage. Feasibility and Recommendations The mill and 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 and overlay project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of this street. The mill and 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 [Routine Maintenance /Crack Seal /Seal Coat 36 - 55 [Patch/Repair and /or Overlay 0-35 Reconstruct Lexington Parkview - Project 1008 10 (P 2 The 2009 PCI rankings for these neighborhood streets have a weighted average pavement condition rating of 43, 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 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 1Y2-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. 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. Lexington Parkview - Project 1008 �-7 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. Sidewalk/ Path Pedestrian Ramps — Recent revisions to 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 truncated dome pedestrian ramps at the intersection of Northview Terrace and Northview Park Road. (Example of a recent street overlay project in Eagan (Burr Oak Hills, 2008) Lexington Parkview - Project 1008 j 4 Easement/Permits All work will be performed 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: Edge Mill and Overlay w/ Signage $ 145,000 Repair Existing Concrete Curb & Gutter $ 24,600 Total $ 169,600 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. All assessments will be revised based on final costs. A portion of the street frontage is unassessable and not included in the estimated assessment calculations below. 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% • City - Community Park 75% 25% • Public Facility 75% 25% Repair Existing Concrete Curb & Gutter 0% 100% Low Density Residential Lots (R -1, R -2, R -3) - All residential equivalent properties (52 total, all single - family) as shown on Figure 2, having direct driveway access on to the streets to be improved are proposed to be assessed, based on the amount of front footage adjacent to the streets 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 $1,025 per Single Family Lot and is calculated as follows: Lexington Parkview - Project 1008 5 Lexington/ Parkview (32' F -F) 1) 5,176 Front Footage/ 7,049 Total Front Footage = 73.4% (Single Family Percentage) 2) [$145,000 (Mill & Overlay Cost + Signage Cost) x 50% x 73.4 %] = $53,220 [Residential Assessment (R -1, 2, 3)] 3) $53,220 (Total Residential Assessment) --> $1,025 / lot 52 Equivalent Single Family Residential Lots City Community Park/ Public Facility — The City's Assessment Policy states that 75% of the mill and overlay costs are assessable for community parks and public facilities. Northview Park, adjacent to Northview Terrace and Northview Drive, as shown on Figure 2, is considered a community park. Community of Joy Church (4015 Northview Terrace) is to be assessed, also as shown on Figure 2, as a public facility. These properties are proposed to be assessed on net area, based on the City Assessment Policy. The estimated assessment is $1,620 per Net Acre and is calculated as follows: % Community Park/ Public Facility = 1,481 Front Feet/ 7,049 Total F.F. = 21.0% [$145,000 (Mill & Overlay Cost) x 75% x 21.0 %] =$ 22,850 (Total Park/ PF Assessment) Northview Park = 8.0 net acres Community of Joy Church (4015 Northview Terrace) = 6.1 net acres $22,850 (Community Park/ PF Assessment) 4 $1,620/ Net Acre 14.1 Net Acres Note: Approximately 15.4% (392 feet) of property frontage adjacent to the street improvements listed in this report is sideyard or backyard, and therefore unassessable. 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 for residential property, 10 years for public facility and parks, with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedules are based on an estimated 6.5% interest rate for the assessed amounts: Lexington Parkview - Project 1008 --�b 6 Single Family Residential Lot = $1,025 Principal Per Year j First Year Cost I $205 Fifth Year ��� $78 (� $205 Per $1,000 Assessment — Park/ Public Facility Interest Cost Per Year Per Year $78 $283 $13 $218 Revenue Source Principal Interest Cost A summary of revenue sources is listed below: Per Year Per Year Per Year - i First Year - - - -_ � $100 -- �— $65 — - [� $165 Tenth Year [ $100 � $7 $107 Revenue Source A summary of revenue sources is listed below: Project Property City Cost Assessment Contribution Mill and Overlay $145,000 $76,070 $68,930 (with Signage) Repair Existing Curb $ 24,600 -0- $24,600 Total $169,600 $76,070 $93,530 The City's Major Street Fund will finance the estimated project deficit of $93,530 (55% of total) Lexington Parkview - Project 1008 %/ 7 Project Schedule Present Feasibility Report to City Council/ Order Public Hearing .................. ............................... January 19, 2010 Informational Meeting ........................................ ............................... February 9, 2010 Public Hearing ...................................... ............................... February 16, 2010 Approve Plans and Specifications .. ............................... .......................February, 2010 Award Contract ......................... ............................... .........................April, 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 Lexington Parkview - Project 1008 7a 8 Part I - Project - Bituminous Street Overlay Part II - Project - Repair Existing Curb & Gutter Sub Total Part 1 +5% Contingencies Subtotal +30% Indirect Costs Total Part I $ 106,230.00 $5,311.50 $111,541.50 $33,462.45 $145,004 2104.501 Lexington Parkview LF 600 $ 6.00 $ 3,600.00 2105.526 City Project No. 1008 CY 20 $ 22.00 $ 440.00 2211.501 Preliminary Cost Estimate TON 10 $ 15.00 $ 150.00 2350.505 Appendix A- Street Overlay TON 10 $ 100.00 $ 1,000.00 2506.602 Adjust Frame & Ring Casting (CB) EA Icontracl $ Unit I Amount Item No. I Item Unit Qty $ Price $ To Date Part I - Project - Bituminous Street Overlay 4" Conc Ped Ramp w/ Wet Cast for Trunc Dome Inset SF 100 $ 4.50 $ 2021.501 Mobilization LS 1.00 $ 7,000.00 $ 7,000.00 2232.501 Mill Bituminous Pavement (1 1/4" depth) SY 4,900 $ 0.65 $ 3,185.00 2350.501 Type LVWE45030B Wearing Course Mixture TON 1,200 $ 66.00 $ 79,200.00 2350.505 Type LVWE45030B Wear Course - Street Patch TON 5 $ 100.00 $ 500.00 2357.502 Bituminous Material for Tack Coat GAL 800 $ 4.00 $ 3,200.00 2504.602 Adjust Frame and Ring Casting (Manhole) EA 10 $ 400.00 $ 4,000.00 2504.602 Adjust Manhole Casting - Riser Adjustment EA 7 $ 185.00 $ 1,295.00 2504.602 Adjust Water Valve Box EA 4 $ 125.00 $ 500.00 SP -1 Signage Remove & Replace LS 1 $ 5,600.00 $ 5,600.00 2563.601 Traffic Control LS 1.00 $ 1,750.00 $ 1,750.00 Part I - Project - Bituminous Street Overlay Part II - Project - Repair Existing Curb & Gutter Sub Total Part 1 +5% Contingencies Subtotal +30% Indirect Costs Total Part I $ 106,230.00 $5,311.50 $111,541.50 $33,462.45 $145,004 2104.501 Remove Concrete Curb & Gutter LF 600 $ 6.00 $ 3,600.00 2105.526 Select Topsoil Borrow CY 20 $ 22.00 $ 440.00 2211.501 Aggregate Base, Cl. 5 (100% Crushed) TON 10 $ 15.00 $ 150.00 2350.505 Type LVWE45030B Wear Course - DW/ Trail Patch 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 4 $ 100.00 $ 400.00 2521.501 4" Conc Ped Ramp w/ Wet Cast for Trunc Dome Inset SF 100 $ 4.50 $ 450.00 2531.618 Truncated Dome Detectable Warning Paver SF 16 $ 42.00 $ 672.00 2531.501 Concrete Curb & Gutter D412 LF 600 $ 15.00 $ 9,000.00 2575.505 Sodding, Type Lawn (Highland) SY 120 $ 7.00 $ 840.00 Part II - Project - Repair Existing Curb & Gutter �73 Sub Total Part II +5% Contingencies Subtotal +30% Indirect Costs Total Part II Total Project Cost = $ 18,052.00 $902.60 $18,954.60 $5,686.38 $24,640.98 $169,645 Lexington Parkview City Project No. 1008 Appendix B - Preliminary Assessment Roll Northview Dr 1072 NORTHVIEW DR 10- 45035 - 010 -03 1 $1,025 $1,025 1068 NORTHVIEW DR 10- 45035 - 230 -03 1 $1,025 $1,025 1064 NORTHVIEW DR 10- 45035 - 220 -03 1 $1,025 $1,025 1060 NORTHVIEW DR 10- 45035 - 210 -03 1 $1,025 $1,025 1056 NORTHVIEW DR 10- 45035 - 200 -03 1 $1,025 $1,025 1052 NORTHVIEW DR 10- 45035 - 190 -03 1 $1,025 $1,025 Subtotal 6 Northview Terrace 3965 NORTHVIEW TER 10- 45035 - 060 -01 1 $1,025 $1,025 3969 NORTHVIEW TER 10- 45035 - 070 -01 1 $1,025 $1,025 3973 NORTHVIEW TER 10- 45035 - 080 -01 1 $1,025 $1,025 3977 NORTHVIEW TER 10- 45035 - 100 -01 1 $1,025 $1,025 3981 NORTHVIEW TER 10- 45035 - 110 -01 1 $1,025 $1,025 3985 NORTHVIEW TER 10- 45035 - 120 -01 1 $1,025 $1,025 3989 NORTHVIEW TER 10- 45035 - 130 -01 1 $1,025 $1,025 3993 NORTHVIEW TER 10- 45035 - 140 -01 1 $1,025 $1,025 3997 NORTHVIEW TER 10- 45035 - 150 -01 1 $1,025 $1,025 4001 NORTHVIEW TER 10- 45035 - 160 -01 1 $1,025 $1,025 4005 NORTHVIEW TER 10- 45035 - 170 -01 1 $1,025 $1,025 4017 NORTHVIEW TER 10- 45035 - 010 -02 1 $1,025 $1,025 4021 NORTHVIEW TER 10- 45035 - 020 -02 1 $1,025 $1,025 4025 NORTHVIEW TER 10- 45035 - 030 -02 1 $1,025 $1,025 4029 NORTHVIEW TER 10- 45035 - 040 -02 1 $1,025 $1,025 4033 NORTHVIEW TER 10- 45035 - 050 -02 1 $1,025 $1,025 4037 NORTHVIEW TER 10- 45035 - 060 -02 1 $1,025 $1,025 4041 NORTHVIEW TER 10- 45035 - 070 -02 1 $1,025 $1,025 4045 NORTHVIEW TER 10- 45035 - 080 -02 1 $1,025 $1,025 4049 NORTHVIEW TER 10- 45035 - 090 -02 1 $1,025 $1,025 4053 NORTHVIEW TER 10- 45035 - 100 -02 1 $1,025 $1,025 4057 NORTHVIEW TER 10- 450035- 110 -02 1 $1,025 $1,025 !q 4061 NORTHVIEW TER 4065 NORTHVIEW TER 4069 NORTHVIEW TER 4073 NORTHVIEW TER 4077 NORTHVIEW TER 4081 NORTHVIEW TER 4085 NORTHVIEW TER 3986 NORTHVIEW TER 3990 NORTHVIEW TER 3996 NORTHVIEW TER 4000 NORTHVIEW TER 4010 NORTHVIEW TER 4016 NORTHVIEW TER 4020 NORTHVIEW TER 4024 NORTHVIEW TER 4028 NORTHVIEW TER 4036 NORTHVIEW TER 4044 NORTHVIEW TER 4048 NORTHVIEW TER 4058 NORTHVIEW TER 4064 NORTHVIEW TER 4068 NORTHVIEW TER 4072 NORTHVIEW TER 4076 NORTHVIEW TER 10- 45035 - 120 -02 10- 45035 - 130 -02 10- 45035 - 140 -02 10- 45035 - 150 -02 10- 45035 - 160 -02 10- 45035 - 170 -02 10- 45035- 180 -02 10- 45035 - 020 -03 10- 45035 - 030 -03 10- 45035 - 040 -03 10- 45035 - 050 -03 10- 45035 - 060 -03 10- 45035 - 070 -03 10- 45035 - 080 -03 10- 45035 - 090 -03 10- 45035 - 100 -03 10- 45035 - 110 -03 10- 45035 - 120 -03 10- 45035 - 130 -03 10- 45035 - 140 -03 10- 45035 - 150 -03 10- 45035 - 160 -03 10- 45035 - 170 -03 10- 45035 - 180 -03 Subtotal Single Family Homes 46 52 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Public Facility 4015 NORTHVIEW TER (Community of Joy) 10- 18175 - 010 -01 6.1 Acres City Parks $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,620 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $1,025 $53,220 $9,880 NORTHVIEW PARK (City) 10- 22300 - 016 -26 8.0 Acres $1,620 $12,960 Total Assessments $76,070 �s Q� ,K ROAD / LONE OAK ROA ❑ U �.J Q O o �O ss Z Y O AZ a � 2� YANKEE DOODLE RD �G 2� s� m pR D Zm i9 W Q Z WESCOTf ROAD X W J y^ ERENE RD. OC NORTMVIEW PARK r / ROAD Q �O 9fy` o m� TERR. D QJ Project Location W DIFFLEY ROA i 0 o p M O WILDERNESS RUN ROAD 00 Z �1 CLIFF ROAD W 0 a w 11 -23 -2009 Lexington Parkview City of Eap Street Revitalization - Project 1008 Fig. 1 Engineering Department Location Plan ED C� NORTH 1 1 1 NORTHVIEW PARK ROAD 1 3965 1 Dyz 1 I 1 1 3969 1 1 1 1 � 1 � 1 W3977 T ■���������; Q 3981 �� Northview Park ( City ) 1 1 Z 3989 3985 ' V 8.0 Acres - Net _ Q1072 ��T� 1 O 0 1 Z 0 0 a L 0 1 3993 /�� 1 3986 1088 O O O O O 1 �'Q J3997 > 3990 1064 \ O a 0 O 1 pLLI 399 1060 ` 1 �� r--� i 1 l� 000 10 +i2 1056 �` 1 14001 w 1052 Q 16 �� 4085 1 1 Z II A 4076 1 4005 i 020 �p 4072 4081 1 1 6013 p4017 4024 � 4077 1 I I 4068 1 r�_J1 4021 = 4073 1 6.1 Acres 4028 1 4064 1 Net 4025 4069 4036 4044 4048 Z 1 1 �Q 4029 40 8 4065 1 4033 1 4061 1 /O0 lJ 1 O "0 1 4037 4041 4045 4049 4053 4057 1 r' 1 r m ASSESSABLE AREA 11 -05 -2009 Lexington Parkview City of Evan Street Revitalization -Project 1008 Fig. 2 Engineering Department Street Improvement Area Map EDGE MILL I (6' -8' wide) Typ. Existing Typical Section 32' F.F. 11/2" 2360 WEAR COURSE BITUMINOUS OVERLAY BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 6" CI. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section 412 & GUTTER REPLACE EX. CURB & GUTTER AS DIRECTED Lexington Parkview City of Eap Street Revitalization -Project 1008 Fig.3 Engineering Department Typical Section -782 Agenda Information Memo February 16, 2010 Eagan City Council Meeting A. ORDINANCE AMENDMENTS — CITY OF EAGAN ACTION TO BE CONSIDERED: Approve Ordinance Amendments to Chapter 11, specifically as they relate to general provisions, signage, use districts and overlays, and performance standards. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ Portions of the City Code were inadvertently omitted during previous amendments to the accessory structures, outdoor display, outdoor storage, temporary outdoor events and seasonal sales, and dynamic sign sections of the City Code. ➢ The purpose of the proposed Ordinance Amendments is to replace the code language that was not intended to be changed as well as update portions pertaining to the Minnesota State Building Code. ➢ The City Council directed staff to initiate the ordinance amendments at their January 5, 2010 meeting. ➢ The APC held a Public Hearing on January 26, 2010 and is recommending approval. ATTACHMENTS: (3) Draft January 25, 2010 APC minutes on page. Staff report on pages g_ throughOa_. Draft Ordinance on pages_ through. T Advisory Planning Commission January 26, 2010 Page 9 of 10 F. Ordinance Amendment Applicant Name: City of Eagan Application: Ordinance Amendment An Ordinance Amendment to Chapter 11, specifically as they relate to general provisions, design standards, signage and the Minnesota State Building Code. File Number: 01- OR- 02 -01 -10 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated January 21, 2010. She noted the background and history. Chair Chavez opened the public hearing. There being no public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Supina moved, Member Daley seconded a motion to recommend approval of multiple Ordinance Amendments to Chapter 11 as they pertain to the following: • General provisions (Swimming Pools) • Signage • Minnesota State Building Code • Performance standards (Seasonal Outdoor Sales) A vote was taken. All voted in favor. Motion carried 5 =0. RI PLANNING REPORT CITY OF EAGAN REPORT DATE: January 21, 2010 APPLICANT: City of Eagan PROPERTY OWNER: N/A REQUEST: Ordinance Amendments LOCATION: City -wide COMPREHENSIVE PLAN: N/A ZONING: N/A SUMMARY OF REQUEST CASE: 01- OR- 02 -01 -10 HEARING DATE: January 26, 2010 APPLICATION DATE: Dec. 16, 2009 PREPARED BY: Sarah Thomas To amend the City of Eagan zoning ordinance as it pertains to the following: • General provisions (Swimming Pools) • Signage • Use districts and overlays (Minnesota State Building Code) • Performance standards (Seasonal Outdoor Sales) AUTHORITY FOR REVIEW City Code Chapter 11, Section 11. 50, Subdivision 5 states, in part: 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. BACKGROUND/HISTORY The City periodically updates the zoning ordinance to conform to other City ordinances and State statutes. Additionally, the zoning ordinance is periodically updated to be more precise and up- to -date. The proposed changes to the zoning ordinance are not substantive in nature; they are either updates from previous codes with language that was inadvertently omitted or language changes to be consistent with other codes. Planning Report — Ordinance Amendments January 26, 2010 Page 2 ANALYSIS General Provisions (Swimming Pools) ools) The City adopted an ordinance amendment on September 16, 2008 regarding accessory structures which inadvertently eliminated Chapter 11.40 Subd.5.E. as the ordinance relates to swimming Pools. Draft ordinance language is attached as Exhibit A that represents the modifications to the Ordinance as proposed by the City Attorney's office. Signage The City adopted an ordinance amendment on October 2, 2007 regarding dynamic signage. At that time existing portions of the sign ordinance were inadvertently omitted. Draft ordinance language is attached as Exhibit B that represents the modifications to the Ordinance as proposed by the City Attorney's office. Use Districts and Overlays (Mn State Building Code) The City Council recently approved an ordinance amendment regarding the adoption of current chapters of the Minnesota State Building Code. This adoption affects the following sections of the zoning ordinance, changing the verbiage from Uniform Building Code to Minnesota State Building Code as it is referenced in zoning districts with residential housing as a permitted use. Example: Uniform building eerie. All homes built shah meet rr ife�— build - eede Minnesota State Building Code. All homes built shall meet Minnesota State Building Code requirements. • Chapter 11.60 Subd.3H • Chapter 11.60 SubdAH • Chapter 11.60 Subd.5H • Chapter 11.60 Subd.6H • Chapter 11.60 Subd.7H • Chapter 11.60 Subd.8H • Chapter 11.60 Subd.9H Also, Chapter 11.65 Subd.9.E.6 references Minnesota Rules, part 1340. This should reference Minnesota Rules, part 1341. Draft ordinance language is attached as Exhibit C that represents the modifications to the Ordinance as proposed by the City Attorney's office. .0 Planning Report — Ordinance Amendments January 26, 2010 Page 3 Performance Standards (Seasonal Outdoor Sales) The City adopted an ordinance amendment on July 7, 2009 regarding outdoor display, outdoor storage, temporary outdoor events and seasonal outdoor sales by businesses which inadvertently eliminated existing Chapter 11.70 Subd.5.E. as the ordinance relates to standards for seasonal outdoor sales. Draft ordinance language is attached as Exhibit D that represents the modifications to the Ordinance as proposed by the City Attorney's office. ACTION TO BE CONSIDERED To recommend approval of multiple Ordinance Amendments to Chapter 11 as they pertain to the following: • General provisions (Swimming Pools) • Signage • Minnesota State Building Code • Performance standards (Seasonal Outdoor Sales) IN EXHIBIT A ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.40, SUBD. 5 REGARDING ACCESSORY BUILDINGS TO ADD SWIMMING POOL REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 11 is hereby amended, by adding Section 11.40, Subd. 5(E) to read as follows: E. Swimming pools. 1. The interior vertical wall of swimming pools shall not be closer than five feet to any side or rear lot line. 2. Swimming pools shall be located in the side or rear yard and shall not be located within any required front yard setback. 3. 9 5. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code ;;Including 'Penalty for Violation "' and Section 11.99, 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. Ift-MI, ATTEST: By: Maria Petersen Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: 2 CITY OF EAGAN City Council By: Mike Maguire Its: Mayor EXHIBIT B ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.70, SUBD. 28 REGARDING PLACEMENT, ERECTION AND MAINTENANCE OF SIGNS BY ADDING THE DEFINITION OF NONCOMMERCIAL SIGN AND REGULATION THEREOF AND SIGN AREA REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.70, Subd. 28(A)(3) to add the following definition: Noncommercial sign means anv sisn which does not contain advertising for the sale of products or services. Section 2. Eagan City Cc 11.70, Subd. 28(C)(8)(b) to read as N -ven is hereby amended by changing Section arl in fhs�''nnhlir rirrht_nf_u�av of a lnral ctravt exists, or where a trail exists, more than one (1) foot from the edge of the trail furthest from the street curb. Section 3. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.70, Subd. 28(G)(8) to read as follows:. 8. Noncommercial signs. Section 4. Eagan City Code Chapter Eleven is hereby amended by changing Subdivision 28(E)(8) to read as follows: 8. Sign area. (a) No signs or combination of signs mounted upon a building shall cover in excess of 10 percent of the gross area of a side in the RD and BP zoning districts, and 20 percent of the gross area of a side in all other zoning districts, where business signs are allowed. i • (b) A sign displayed on a window or within an area 18 inches from the face of the window, as measured from the interior glass to the building interior, shall not occupy more than 60 percent of the area of the windows and/or doors on the side of the building on which the window /door sign is _displayed. The area of a window /door sign shall be included in the calculation of the sign area allowed for building- mounted signs provided herein and shall not exceed the applicable sign area permitted. Window /door signs shall be allowed only on the building (c) 3. 4. 5. coverage. exemption and the 60% window /door sign area regulation shall apply. Any exemption not voided or rescinded as set forth in this Section shall automatically expire and be void on JanuM 1, 2014. Section 5. Eagan City Code Chapter Eleven is hereby amended by changing Subdivision 28(K)(3)(h) to read as follows: 2 �MA• (h) Dynamic display signs existing on (inset the effeetive date of this or-din nee) October 6, 2007, must comply with the operational standards listed above. An existing dynamic display that does not meet the structural requirements in clause (b) may continue as a non- conforming developmen use subject to the regulations governing non - conforming structures and uses set forth in this Chapter seetien (insert mac° section ..,,,Y, er -). An existing dynamic display that cannot meet the minimum size requirement in clause (e) must use the largest size possible for one line of copy to fit in the available space. Section 6. Eagan City Code Chapter Eleven is hereby amended by changing Subdivision 28(L)(3) to read as follows: 3. All signs installed after (insert the °ff eti�4 a^'° of this ordin October 6, 2007, that will have illumination by a means other than natural light must be equipped with a mechanism that automatically adjusts the brightness in response to ambient conditions. These signs must also be equipped with a means to immediately turn off the display or lighting if it malfunctions, and the sign owner or operator must immediately turn off the sign or lighting when notified by the city that it is not complying with the standards in this section. Section 7. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Tenalty for Violation"' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 8. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Petersen By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: 3 9WE •• EXHIBIT C ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.60, AND SECTION 11.65, SUBD. 9(E)(6) PROVIDING CORRECT REFERENCE TO THE MINNESOTA STATE BUILDING CODE; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 11 is hereby amended by adding Section 11.60, Subd. 3(H) to read as follows: H T nif n: building ° °a° Minnesota State Building Code. All homes built shall meet tins n building ead Minnesota State Building Code requirements. Section 2. Eagan City Code Chapter A I is hereby amended by adding Section 11.60, Subd. 4(H) to read as follows: H. Uniform f r building code Minnesota State Building Code. All homes built shall meet Minnesota State Building Code requirements. Section 3. Eagan City Code Chapter 11 is hereby amended by adding Section 11.60, Subd. 5(H) to read as follows: H. 14fi Rn,..., building eed Minnesota State Building Code. All homes built shall meet tmi .„, building eed Minnesota State Building Code requirements. Section 4. Eagan City Code Chapter 11 is hereby amended by adding Section 11.60, Subd. 6(H) to read as follows: H. Uniform. L.,,ildi g ° °a° Minnesota State Building Code. All homes built shall meet ttni ^...,, building eed Minnesota State Building Code requirements. Section 5. Eagan City Code Chapter 11 is hereby amended by adding Section 11.60, Subd. 7(H) to read as follows: H T nif F building ing ^ °a° Minnesota State Building Code. All homes built shall meet , nifen: i.,,;lding eed Minnesota State Building Code requirements. Section 6. Eagan City Code Chapter 11 is hereby amended by adding Section 11.60, Subd. 8(H) to read as follows: H T nif f„ building eade Minnesota State Building Code. All homes built shall meet Minnesota State Building Code requirements. Section 7. Eagan City Code Chapter 11 is hereby amended by adding Section 11.60, Subd. 9(H) to read as follows: H T4tif ...,, building ^ ^a° Minnesota State Building Code. All homes built shall meet Minnesota State Building Code requirements. Section 8. Eagan City Code Chapter 11 is hereby amended by changing Section 11.65, Subd. 9(E)(6) to read as follows: 6. Structures for mobility impaired persons including ramps, lifts, or mobility paths are permitted for achieving access to shore areas, prayided that the dimensional and performance standards of subitens (1) to (5) above are complied with in addition to the requirements of Minnesota Rules, part 4-3401341; and Section 9. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 10. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN By: Maria Petersen Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: City Council By: Mike Maguire Its: Mayor EXHIBIT D ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.70, SUBD. 22(C)(4) REGARDING SEASONAL OUTDOOR SALES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 11 is hereby amended by adding Section 11.70, Subd. 22(C)(4) to read as follows: es standards in connection with conditional a. a C. d. e. set The sale area shall be within an enclosure as necessary to achieve appropriate The sale area shall not interfere with any pedestrian or vehicular movement. f. The sale area shall not take un required parking spaces or landscanin2 areas c the principal use. g. The sale area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 11.99, 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. I?( ATTEST: By: Maria Petersen Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: CITY OF EAGAN City Council By: Mike Maguire Its: Mayor 2 98". Agenda Information Memo February 16, 2010 Eagan City Council Meeting B. ORDINANCE AMENDMENT — CITY OF EAGAN ACTION TO BE CONSIDERED: Approve Ordinance Amendment to Chapter 11, specifically as it relates to the expiration of Conditional Use Permits. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ Presently, the City Code regulates evaluation criteria and requirements for revocation, expiration and reapplication of Conditional Use Permits. CUP approval is valid for a year. ➢ The City Code currently does not allow for an extension to establishing the Conditional Use. ➢ City staff suggests code language to allow for an extension opportunity similar to that for Variances where a request for extension can be made provided the request is made at least 30 days before the expiration date and the request for extension states the facts showing a good faith attempt to complete or utilize the use permitted ➢ As proposed, the amendment will allow the City to modify or add additional conditions, if warranted, when considering an extension. ➢ The City Council directed staff to initiate the ordinance amendment at their January 5, 2010 meeting. ➢ The APC held a Public Hearing on January 26, 2010 and is recommending approval. ATTACHMENTS: (3) Draft January 26, 2010 APC minutes on� age } -1-- . Staff report on pages through 9 Draft Ordinance on pages tlglr 93 Advisory Planning Commission January 26, 2010 Page 8 of 10 E. Ordinance Amendment Applicant Name: City of Eagan Application: Ordinance Amendment An Ordinance Amendment to Chapter 11, specifically as it relates to the expiration of Conditional Use Permits. File Number: 01- OR- 01 -01 -10 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated January 21, 2010. She noted the background and history. Chair Chavez opened the public hearing. There being no public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Heaney moved, Member Supina seconded a motion to recommend approval of an Ordinance Amendment to Chapter 11.50 Subd 4, Conditional Use Permits (CUP's). A vote was taken. All voted in favor. Motion carried 5 -0. 9¢ PLANNING REPORT CITY OF EAGAN REPORT DATE: January 21, 2010 APPLICANT: City of Eagan PROPERTY OWNER: N/A REQUEST: Ordinance Amendment LOCATION: City -wide COMPREHENSIVE PLAN: N/A ZONING: N/A SUMMARY OF REQUEST CASE: 01- OR- 01 -01 -10 HEARING DATE: January 26, 2010 APPLICATION DATE: Dec. 16, 2009 PREPARED BY: Sarah Thomas To amend the City Code, specifically as it relates to Chapter 11, Sect. 11.50, Subd 4, Conditional Use Permits (CUP's). AUTHORITY FOR REVIEW City Code Chapter 11, Section 11. 50, Subdivision 5 states, in part: 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. BACKGROUND/HISTORY The City Code provides for governance of CUP's. While the Code regulates the revocation, expiration and reapplication of CUP's, it does not provide for an extension to the recording or establishment of an approved Conditional Use. An extension of a CUP is not uncommon and, due to the current economic climate, more developers have been interested in seeking a CUP extension. ANALYSIS The resulting draft ordinance was designed to add specific language to allow for an extension to the recording of and /or establishment of the CUP. The ordinance language mirrors that found within the requirements for a Variance extension request. 10 Planning Report — Ordinance Amendment January 26, 2010 Page 2 Draft ordinance language is attached as Exhibit A that represents the modifications to the Ordinance as proposed by City staff. ACTION TO BE CONSIDERED To recommend approval of an Ordinance Amendment to Chapter 11.50 Subd 4, Conditional Use Permits (CUP's). EXHIBIT A Subd. 4. Conditional Use Permits. A. Purpose. Conditional uses include those uses which are not generally suitable within the zoning district, but which may under some circumstances be suitable. The applicant shall have the burden of proof that the use is suitable and that the standards set forth in this subdivision 4 have been met. B. Application, public hearing, notice and procedure. The application, public hearing, public notice and procedure requirements for conditional use permits shall be the same as those for zoning amendments as provided herein, except that the permit shall be issued on the affirmative vote of a majority of the entire council. Although specific submissions required to complete an application for a conditional use permit may vary with the specific use and the district in which it is located, all applications for such permits shall be filed with the city on a form prescribed by the city. C. Evaluation criteria. The advisory planning commission shall recommend a conditional use permit and the council shall issue such conditional use permit only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the city. 2. Will be harmonious with the general and applicable specific objectives of the comprehensive plan and Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance and use with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. CONDITIONAL USE PERMIT / 47 D. Conditions. In reviewing applications of conditional use permits, the advisory planning commission and the council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the comprehensive plan. In all cases in which conditional uses are granted, the council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. E. Denial for noncompliance. If the advisory planning commission recommends denial of a conditional use permit or the council orders such denial, it shall include in its recommendation or determination findings as to the manner in which the proposed use does not comply with the standards required by this section. F. Permittee. A conditional use permit shall be issued for a particular use and not for a particular person. G. Periodic review, term of permit. A periodic review of the use may be attached as a condition of approval of a conditional use permit. Unless otherwise stipulated, the term shall be the life of the use. H. Revocation. Failure to comply with any condition set forth in a conditional use permit or any other violation of Code provisions shall also constitute sufficient cause for the termination of the conditional use permit by the council following a public hearing. I. Expiration/Extension. In any case where a conditional use has not been established within one year of the date on which the conditional use permit was granted, the permit shall be null and void.. or I if the conditional use is discontinued for six months, the conditional use permit shall be null and void, unless a petition for extension of time in which to complete, record or to utilize the use has been granted by the council. Such extension shall be requested in writing and filed with the city clerk at least 30 days before the expiration of the original conditional use permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. Extensions shall not exceed one year. If an extension is granted, the council may impose any additional conditions as allowed under this Subdivision. J. Reapplication. No application of a property owner for a conditional use permit shall be considered within a period of one year following a denial of such request, except that a new application may be permitted if new evidence or a change of circumstances warrant it. ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.50, SUBD. 4 REGARDING CONDITIONAL USE PERMITS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER I AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 11 is hereby amended by revising Section 11. 50, Subd. 4(I) to read as follows: I. Expiration/Extension. In any case where a conditional use hEis not been established within one year of the date on which the conditional use permit was granted, the permit shall be null and void.. or If if the conditional use is discontinued for six months, the conditional use permit shall be null and void, unless; a petition for extension of time in which to record the permit or to implement, effect or operate the use has been rg anted by the Council. Such extension shall be requested in writing and filed with the city clerk at least 30 days before the expiration of the conditional use permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good cause to extend the conditional use permit. No conditional use permit may be extended for more than one Year from the date of expiration of the originally approved conditional use permit.: If an extension is granted, the council may impose Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Petersen By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: Wre Agenda Information Memo February 16, 2010 City Council Meeting LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE A. APPROVE CORRESPONDENCE TO THE METROPOLITAN AIRPORTS COMMISSION WITH COMMENTS TO THE MSP LONG TERM COMPREHENSIVE PLAN ACTION TO BE CONSIDERED: To approve correspondence to the Metropolitan Airports Commission with comments to the MSP Long Term Comprehensive Plan on behalf of the City of Eagan. FACTS: • The Metropolitan Airports Commission (MAC) is currently accepting public comment on their Long Term Comprehensive Plan (LTCP) for the Minneapolis -St. Paul International Airport (MSP). • Staff from the MAC presented an update on the LTCP to the City Council and Airport Relations Commission in November 2009; however, the update at that time did not include the proposed 2030 noise contours, which became available in January 2010. • The Airport Relations Commission (ARC), as well as the departments of Administration and Community Development, have reviewed and discussed the LTCP. • The community representatives on the MSP Noise Oversight Committee met to jointly review the LTCP and prepare comments that are consistent across each of the cities. • At the February 9 ARC meeting, the Commission took formal action to recommend that the City Council approve the following comments to be submitted to the MAC by the February 19, 2010 comment deadline. • Assistant to the City Administrator Miller will be present at the February 16 City Council meeting to respond to any questions the Council may have pertaining to the comments being recommended to the proposed LTCP. • Given the size of the LTCP, a hard copy is not included in the packet; however, the document can be viewed in its entirety at http://www.mspairport.com/about-msp/long-ten-n-comp- plan/Itcp draft document.aspx ATTACHMENTS: Enclosed on pages / through is the letter being proposed to be sent to the MAC with comments on the draft MSP LTCP. Enclosed on page LI Q5for the Council's information is a map showing the differences between the current 2007 mitigated noise contours and the 2030 contours being proposed in the LTCP. City of Ea�an Mike Maguire February 16, 2010 Mayor Ms. Jenn Felger Paul Bakken MAC Planning and Environment Cyndee Fields 6040 28`h Avenue South Gary Hansen Minneapolis, MN 55450 Meg Tilley Council Members Dear Ms. Felger: Thomas Hedges City Administrator Thank you for the opportunity to comment on the proposed 2030 MSP Long Term Comprehensive Plan (LTCP). The Eagan City Council, per the recommendation of the Eagan Airport Relations Commission, approved the following comments at the February 16, 2010 City Council meeting. Noise Impacts Municipal Center The draft LTCP forecasts 40% growth in annual aircraft operations by 2030, from 3830 Pilot Knob Road 450,000 to 630,000 operations. Based on the increase in operations, the draft plan Eagan, MN 55122 -1810 includes 2030 projected noise contours (Figure 5 -4). These projected 60 DNL noise 651.675.5000 phone contours depict noise levels in portions of Eagan and other communities extending well 651.675.5012 fax beyond blocks that have previously qualified for noise mitigation funds. 651.454.8535 TDD The Metropolitan Airports Commission (MAC) has a history of proactively addressing noise impacts on residential area through noise mitigation programs. However, the draft Maintenance Facility LTCP does not discuss additional residential noise mitigation, nor does it call out a MAC 3501 Coachman Point Eagan, MN 55122 expenditures for noise mitigation through 2030. According to the LTCP projections, an 651.675.5300 phone additional 536 single and multi family homes in Eagan would be added to the 60 -64 DNL 651.675.5360 fax contours. Given the dramatic increase to the noise contours over southwest Eagan, which 651.454.8535 TDD is made up of predominately residential homes that were built well before the decision was made to build Runway 17/35, the City of Eagan strongly recommends that the final version of the LTCP outline a noise mitigation approach that would apply to all newly www.cityofeagan.com impacted blocks. Moreover, the City of Eagan has understandable concerns with the extension of the noise contours, and corresponding increase in operations, using Runway 17/35. This concern is exacerbated when the noise contours over the Eagan/Mendota Heights Corridor are The Lone Oak Tree proposed to shrink significantly. How and why is it that the contour "lobe" is proposed to The symbol of strength and growth in our community. Jot increase so dramatically off of 17/35, while decreasing over the Corridor? Is the proposed contour extension over southwest Eagan a direct result of additional gates being added to the Humphrey Terminal? Additionally, Figure 5.9 shows that projected runway use in 2030 calls for Runway 17 to be used for 30.3% of all departures, the highest percentage of all runways. Furthermore, Runway 17 is proposed to be used for 25.6% of all nighttime departures, which well exceeds the forecasted use of both 12L and 12R. These projections directly conflict with the approved Runway Use System (RUS) at MSP, which calls for the parallel runways to serve as the first priority for both day and evening departure operations. How will the MAC address this conflict between the 2030 runway use projections and the approved RUS? While the residents living in and around the Corridor would undoubtedly appreciate noise relief, the City of Eagan has taken the long held public policy decision to plan and guide the Eagan/Mendota Heights Corridor for noise compatible uses. Furthermore, the legal settlement in 2007 ensured that those residents living in and around the Corridor received the noise mitigation they deserved. As such, Eagan strongly encourages the MAC to work with the FAA in the coming years to ensure that the RUS is adhered to and the Corridor is used to the greatest extent possible so as not to place undue burden on the predominately residential areas of Eagan, including those homes under the flight paths of 17/35. During discussions with the Noise Oversight Committee regarding the LTCP, MAC staff communicated their intent to revisit the LTCP operational forecasts and corresponding noise contours in five years (2015) in hopes that the economy and airline industry will have stabilized at that point so as to provide a more accurate forecast. The City of Eagan recognizes that forecasts are difficult during this time of economic upheaval, and will anticipate a thorough review of the operations and contours in five years, or as soon as the economy and airline industry stabilize. Once that stabilization has occurred, the City asks that the MAC undergo a formal Part 150 process to ensure that the noise environment and corresponding noise mitigation program can be evaluated accordingly. Land Use In light of the proposed 2030 contours included in the LTCP, the City of Eagan reviewed its own Comprehensive Guide Plan, and specifically the City's Noise Attenuation Construction ordinance. / Da The City of Eagan has adopted land use policies through its Comprehensive Guide Plan and construction regulations through its zoning code to minimize the introduction of substantial new areas of noise sensitive uses within the 2008 Policy Contours and to require sound attenuation construction practices where appropriate. The City cannot implement modifications of the Policy Contours unless and until the Metropolitan Council takes action in that regard. The City will monitor the Met Council review of the MSP LTCP and revisit these topics as may be necessary once that review has been completed. Airfield Capacity The LTCP states that the existing four - runway airfield configuration is expected to be able to continue operating in a safe and efficient manner without the need for additional runways. According to the operation projections in the LTCP, there were over 450,000 operations in 2008. Airport planning guidelines (FAA Order 5090.3c) state that an additional runway or supplemental airport planning process begins when the airfield reaches 60- 75% of annual capacity, which is a threshold that would be reached at MSP when operations exceed 480,000 operations per year. Additionally, statements have been made to lead communities to believe that congestion levels at MSP Airport are on track to exceed delay levels of 10 minutes per operation. In light of the operation levels being predicted for MSP out to 2030, at what point will the MAC address airfield capacity concerns, and is there is a optimum size or activity level for MSP? Additionally, what considerations have been made in the long term planning process regarding the possibility for the construction of a 3`d parallel runway? MSP Infrastructure The City of Eagan very much appreciates the ongoing commitment the MAC has made to improve the infrastructure at MSP Airport. Eagan continues to support the efforts of the MAC to strengthen the presence of MSP Airport through improvements to its facilities, parking structures, and transportation system. As an employment and transportation hub, Eagan stands to benefit significantly from an economic development standpoint, and encourages the MAC to continue reinvesting in MSP Airport. Furthermore, as the City promotes its goal of reducing energy and promoting environmental sustainability, we encourage the MAC to continue its efforts to utilize sustainable building practices as expansion and reinvestment plans for MSP take shape. /�Z Again, thank you for the opportunity to comment on the proposed 2030 LTCP. Should you have any questions about the comments made by the City of Eagan, please feel free to contact Dianne Miller, Assistant to the City Administrator, at 651/675 -5014. Sincerely, Mike Maguire Mayor cc: Eagan's Legislative Delegation Dan Wolter, District 15 Metropolitan Council Representative Wendy Wulff, District 16 Metropolitan Council Representative Governor Tim Pawlenty 491 j't •y' �Lrn w. -�+ y�'I� "4 y n y} z > � � ,.-4: �4 ['y�J° � '� � ,�1$� Mow ,t .<a, rte. • , i. "AIN - u ( 4 y •K ,��f(:� { �. � Yi, # L y� y f fS}G �F°fib q,� a� � �pY' �W"� yy l • M1 { • a • g' ; 4 _ `Yi o� i i §4 9 k y aiQr' • F c - _ 9;d sa 04 04 s 1 � 1 L y� Of �` "'�„ 1.., � � `� 4.r _ .,„,... Yr . ' . ✓• lit �7 S •J' -. 11 � � � - � µ � � x ,,f�� • �,ri w ` � � � �` •� � " P '`�'�tr M ��� FY a{ .x�F ,F ��.�1 � �� j � .�M � ��'�i t v� Nil Y 7 1 — '► '40 rl1/ /111111 ►�♦1, {t �'�� y° �e • �„ >`�, 17 ,. V- ic, y L < :+ ..:y,z. � 'r - __ � lrss -,: ,• .. -'.. �. - _ tea..'' � AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER FEBRUARY 16, 2010 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT — Approve Settlement Agreements for the Acquisition of the Pavlik and Sandford Properties in TIF District #2 -5 F. OTHER BUSINESS G. ADJOURN r /J Agenda Information Memo Eagan Economic Development Authority Meeting February 16, 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 19, 2010 EDA meeting are enclosed on pages %e_— 10 /07 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota January 19, 2010 A meeting of the Eagan Economic Development Authority was held on Tuesday, January 19, 2010 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Hansen, Commissioner Tilley and Commissioner Fields. Also present were Executive Director Hedges, Community Development Director Hohenstein and City Attorney Dougherty. ADOPT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of the January 5, 2010 EDA meeting as presented. OLD BUSINESS There were no Old Business items. NEW BUSINESS REDEVELOPMENT DISTRICTS ESTABLISHMENT OF RECOVERY ZONES AND LETTER OF INTEREST FOR RECOVERY ZONE BONDING ALLOCATION Community Development Director Hohenstein discussed the creation of the Cedar Grove Redevelopment Area Recovery Zone, the Northeast Eagan Redevelopment Area Recovery Zone, and the submittal of applications to Dakota County for consideration of a recovery zone bonding allocation for the projects. Commissioner Hansen moved, Commissioner Bakken seconded a motion to adopt a resolution to create the Cedar Grove Redevelopment Area Recovery Zone. Aye: 5 Nay: 0 loe Commissioner Hansen moved, Commissioner Tilley seconded a motion to adopt a resolution to create the Northeast Eagan Redevelopment Area Recovery Zone. Aye: 5 Nay:0 Commissioner Hansen moved, Commissioner Tilley seconded a motion 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. Aye: 5 Nay: 0 OTHER BUSINESS There were no Other Business items. The EDA was recessed to convene an Executive Session to consider settlement agreements for acquisition of the Pavlik and Sandford properties in TIF District #2 -5. ADJOURNMENT President Maguire adjourned the meeting at 8:45 p.m. Aye: 5 Nay: 0 Date Thomas Hedges, Executive Director W1 Agenda Memo Eagan Economic Development Authority Meeting February 16, 2010 New Business 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT — STIPULATION OF SETTLEMENT FOR ACQUISITION OF SANDFORD AND PAVLIK PROPERTIES ACTION TO BE CONSIDERED: 1. To approve (or deny) a stipulation of settlement for acquisition of the Marilyn Sandford property located in TIF District #2 -5. And 2. To approve (or deny) a stipulation of settlement for acquisition of the Frank and Patricia Pavlik property located in TIF District #2 -5. FACTS: • As part of its efforts to acquire and assemble property for the redevelopment of the Northeast Eagan Redevelopment District, the EDA, approved the acquisition of certain properties in the District by eminent domain. • The Sandford and Pavlik properties were among those acquired by quick take in anticipation of the Blue Gentian Corporate Center project. The owners have received relocation assistance and they did not object to the acquisition, but the valuation of the property had not been resolved to this point. • The EDA received title to the properties and a condemnation panel has been appointed to consider the value of properties in this area. The City and the owners have continued to negotiate and a proposed settlement has been reached with each of the parties at this time. • In the case of the Sanford property, the EDA has previously paid $565,000 to Ms. Sandford and the stipulation calls for the EDA to pay an additional $161,250 for a final total of $726,250 for the property. • In the case of the Pavlik property, the EDA has previously paid $307,000 to the Pavliks and the stipulation calls for the EDA to pay an additional $46,250 for a final total of $353,250 for the property. • Until the settlement is finalized, this is a matter of pending litigation and, if the EDA members have questions in this regard, the Board may recess to executive session to discuss the matter. Otherwise, the settlements have been reviewed by the City Attorney and staff and they are in order for consideration at this time. ATTACHMENTS: • Map depicting properties subject to the settlements on nage ' 1 • Stipulations of Settlement on pages through I I ? '(d Location Map Sandford and Pavik Properties -NE Eagan Redevelopment Area Feet 0 500 1,000 2,000 Legend City Boundary N Parcels � Wetlands Buildings i Parks STATE OF MINNESOTA COUNTY OF DAKOTA Eagan Economic Development Authority, a Minnesota municipal corporation, Petitioner, V. Roger J. Reiling, Gladys Reiling, Bruce D. Lewis and Billie Joe Lewis, Marilyn Sandford, Frank J. Pavlik, Patricia M. Pavlik, Joan R. Eggum as personal representative of the Estate of Marvel G. Eggum, County of Dakota, a political subdivision of the State of Minnesota, Mary Roe, and all others claiming any interest in the property described in Petitioner's Petition, Respondents. DISTRICT COURT FIRST JUDICIAL DISTRICT COURT FILE NO.: CASE TYPE: 2 CONDEMNATION CASE NO. C6 -07 -8494 STIPULATION FOR SETTLEMENT ORDER FOR JUDGMENT AND JUDGMENT AS IT RELATES TO RESPONDENT MARILYN SANDFORD WHEREAS, the above - entitled action is a condemnation action whereby the Eagan Economic Development Authority (hereinafter "BDA ") acquired fee title to the property legally described as follows: Commencing at the Southwest comer of Lot Eight (8), Robert O'Neill Homestead addition in Section Two (2), Township Twenty Seven (27) North, Range Twenty - three (23) West, thence North along the 1/4 1/4 line a distance of 1358.60 feet to the place of beginning; thence North 74 degrees 55 %Z minutes East a distance of 303 feet; thence North 15 degrees 04% minutes West a distance of 349.15 feet to the centerline of the present traveled road, thence westward along the centerline of said road to the 1/4 1/4 line, thence South, a distance of 352.63 feet .to the place of beginning, containing 2 acres, more or less, and being a part of NE %4 of NW V4 Section 2, Township 27, Range 23. (identified as Parcel "2" on the EDA's condemnation Petition) (hereinafter the "Property") that is owned by Respondent Marilyn Sandford (hereinafter "Sandford "); and ila, Page 2 /STIPULATION FOR SETTLEMENT, ORDER FOR JUDGMENT AND JUDGMENT AS IT RELATES TO RESPONDENT MARILYN SANDFORD WHEREAS, the EDA and Sandford have reached a settlement as to the amount of just compensation to be paid by the EDA to Sandford for the acquisition of fee title to the Property. NOW, WHEREFORE, in consideration of the mutual promises herein set forth, the EDA and Sandford, by and through their attorneys, expressly agree to the following: SETTLEMENT of ACTION. The EDA and Sandford stipulate that the above - entitled matter has been fully- compromised and settled as to the Property owned by Sandford. 2. PAYMENT BY THE EDA. The EDA shall pay to Sandford total compensation of $726,250.00 as and for any and all damages arising out of or relating to this action. Payment shall be made as follows: $565,000.00 - which has been previously paid by the EDA to Sandford $161,250.00 - to be paid by the EDA within 30 days after final approval 3. FINAL CERTIFICATE/DIscHARGE OF LIs PENDENs. The City will file its Final Certificate and release the Property from any Lis Pendens. Dated , 2010 SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. By: Robert B. Bauer, #227365 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 (952) 432 -3136 Attorneys for Petitioner, Eagan Economic Development Authority )B Page 3 /STIPULATION FOR SETTLEMENT, ORDER FOR JUDGMENT AND JUDGMENT AS IT RELATES TO RESPONDENT MARILYN SANDFORD Dated �/ 0 , 2010 FREDRIKSON & BYRON, P.A. 6tV(*_7"Quam, I.D. 0250673 260 South Sixth Street, Suite 4000 Minneapolis, MN 55402 -1425 (612) 492 -7000 Attorneys for Respondent, Marilyn Sandford ORDER Based on the afore- mentioned Stipulation, it is hereby Ordered that: 1. The above - referenced action and any damages arising out of or relating to the action is hereby settled as to the Property owned by Respondent Marilyn Sandford without an award of costs and disbursements to any Ply 2. The City of Eagan is the fee owner of the property legally described as follows: Commencing at the Southwest corner of Lot Eight (8), Robert O'Neill Homestead addition in Section Two (2), Township Twenty Seven (27) North, Range Twenty -three (23) West, thence North along the 1/4 %a line a distance of 1358.60 feet to the place of beginning; thence North 74 degrees 55 1/2 minutes East a distance of 303 feet; thence North 15 degrees 041/2 minutes West a distance of 349.15 feet to the centerline of the present traveled road, thence westward along the centerline of said road to the 1/4 %4 line, thence South, a distance of 352.63 feet to the place of beginning, containing 2 acres, more or less, and being a part of NE %4 of NW 1/4 Section 2, Township 27, Range 23. (identified as Parcel "2" on the FDA's condemnation Petition). 3. The EDA shall pay to Sandford the amount set forth in paragraph 2 above and at the time and according to the terms as set forth in paragraph 2 above. liq Page 4 /STIPULATION FOR SETTLEMENT, ORDER FOR JUDGMENT AND JUDGMENT AS IT RELATES TO RESPONDENT MARILYN SANDFORD 4. The EDA shall file its Final Certificate relating to the Property, and release the Property from any Lis Pendens. Dated: .2010 iis Judge of District Court STATE OF MINNESOTA COUNTY OF DAKOTA Eagan Economic Development Authority, a Minnesota municipal corporation, Petitioner, V. Roger J. Reiling, Gladys Reiling, Bruce D. Lewis and Billie Joe Lewis, Marilyn Sandford, Frank J. Pavlik, Patricia M. Pavlik, Joan R. Eggum as personal representative of the Estate of Marvel G. Eggum, County of Dakota, a political subdivision of the State of Minnesota, Mary Roe, and all others claiming any interest in the property described in Petitioner's Petition, Respondents. DISTRICT COURT FIRST JUDICIAL DISTRICT COURT FILE NO.: CASE TYPE: 2 CONDEMNATION CASE NO. C6 -07 -8494 STIPULATION FOR SETTLEMENT ORDER FOR JUDGMENT AND JUDGMENT AS IT RELATES TO RESPONDENTS FRANK J. PAVLIK AND PATRICIA M. PAVLIK WHEREAS, the above - entitled action is a condemnation action whereby the Eagan Economic Development Authority (hereinafter " BDA ") acquired fee title to the property legally described as follows: Commencing at the Southwest corner of Lot Eight (8) The Robert O'Neill Homestead Addition in Section Two (2), Township Twenty -Seven (27), N Range Twenty -Three (23) W., thence North along the '/4 -'/4 line, a distance of 1358.60 feet, thence North 74 degrees 55 1/z minutes East, a distance of 559 feet to the place of beginning. Thence North 15 degrees 04 % minutes west a distance of 337.04 feet to the centerline of the present traveled road, thence Eastward along the centerline of said road to a point on a line which is parallel to the West line of said tract and 256 feet distant therefrom, thence South 15 degrees 04 '/Z minutes East a distance of 328.87 feet, thence South 74 degrees 55 '/Z minutes West a distance of 256 feet to the place of beginning except the West 128 feet thereof containing one acre more or less according to the recorded plat thereof on file and of record in the office of the Registrar of Deeds in and for said County and State. lll� Page 2 /STIPULATION FOR SETTLEMENT, ORDER FOR JUDGMENT AND JUDGMENT AS IT RELATES TO RESPONDENTS FRANK J. PAVLIK AND PATRICIA M. PAVLIK (identified as Parcel "3" on the EDA's condemnation Petition) (hereinafter the "Property") that is owned by Respondents Frank J. Pavlik and Patricia M. Pavlik (hereinafter collectively "Pavlik "); and WHEREAS, the EDA and Pavlik have reached a settlement as to the amount of just compensation to be paid by the EDA to Pavlik for the acquisition of fee title to the Property. NOW, WHEREFORE, in consideration of the mutual promises herein set forth, the EDA and Pavlik, by and through their attorneys, expressly agree to the following: Dated SETTLEMENT OF ACTION. The EDA and Pavlik stipulate that the above - entitled matter has been fully- compromised and settled as to the Property owned by Pavlik. 2. PAYMENT BY THE EDA. The EDA shall pay to Pavlik total compensation of $353,250.00 as and for any and all damages arising out of or relating to this action. Payment shall be made as follows: $307,000.00 - which has been previously paid by the EDA to Pavlik $ 46,250.00 - to be paid by the EDA within 30 days after final approval 3. FINAL CERTIFICATE/DISCHARGE OF LIs PENDENS. The City will file its Final Certificate and release the Property fi om any Lis Pendens. 2010 SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. By: Robert B. Bauer, #227365 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 (952) 432 -3136 Attorneys for Petitioner, Eagan Economic Development Authority Ill Page NSTIPULATION FOR SETTLEMENT, ORDER FOR JUDGMENT AND JUDGMENT AS IT RELATES TO RESPONDENTS FRANK J. PAVLIK AND PATRICIA M. PAVLIK Dated , 2010 HANSEN, By: �R14450 Ro & O'CONNOR, P.A. # 0'124254 Rosemount; Minn sota 55068 Attorneys for Respondents, Frank J. Pavlik and Patricia M. Pavlik Based on the afore - mentioned Stipulation, it is hereby Ordered that: The above - referenced action and any damages arising out of or relating to the action is hereby settled as to the Property owned by Respondents Frank J. Pavlik and Patricia M. Pavlik without an award of costs and disbursements to any party. 2. The City of Eagan is the fee owner of the property legally described as follows: Commencing at the Southwest corner of Lot Eight (8) The Robert O'Neill Homestead Addition in Section Two (2), Township Twenty -Seven (27), N Range Twenty -Three (23) W., thence North along the 1/4-1/4 line, a distance of 1358.60 feet, thence North 74 degrees 55 '/z minutes East, a distance of 559 feet to the place of beginning. Thence North 15 degrees 04 % minutes west a distance of 337.04 feet to the centerline of the present traveled road, thence Eastward along the centerline of said road to a point on a line which is parallel to the West line of said tract and 256 feet distant therefrom, thence South 15 degrees 04 % minutes East a distance of 328.87 feet, thence South 74 degrees 55 %z minutes West a distance of 256 feet to the place of beginning except the West 128 feet thereof containing one acre more or less according to the recorded plat thereof on file and of record in the office of the Registrar of Deeds in and for said County and State. (identified as Parcel "3" on the EDA's condemnation Petition). Ili Page 4 /STIPULATION FOR SETTLEMENT, ORDER FOR JUDGMENT AND JUDGMENT AS IT RELATES TO RESPONDENTS FRANK J. PAVLIK AND PATRICIA M. PAVLIK The EDA shall pay to Pavlik the amount set forth in paragraph 2 above and at the time and according to the terms as set forth in paragraph 2 above. 4. The EDA shall file its Final Certificate relating to the Property, and release the Property from any Lis Pendens. Dated: 52010 Judge of District Court N Agenda Information Memo Eagan Economic Development Authority Meeting February 16, 2009 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. ►