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08/02/2010 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING AUGUST 2, 2010 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE IL ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS a A. RECOGNITION IN MEMORY OF TERRY DAVIS -20 YEAR CITY VOLUNTEER IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) F3 A. APPROVE MINUTES i to B. PERSONNEL ITEMS $ C. APPROVE Check Registers ip9 D. ACCEPT donation of $50 from James and Mary Soukup for the Police Department p, Jd E. AUTHORIZE hiring a consultant for ABLE Fire Training Facility fl F. AUTHORIZE the advertisement for bids for replacement fire engine P SAG. APPROVE change orders for Fire Safety Center project 1P ASH. APPROVE an agreement with the Minnesota National Guard, allowing Eagan Police Officers to train at Camp Ripley P� I. APPROVE an addendum to the 2008 contract between the City of Eagan and Financial Crimes Services (FCS) ,P,jJ. AWARD contract to TRiCOM COMMUNICATIONS for low voltage wiring for the new Eagan Fire Safety Pal K. Campus AWARD contract for the Access Control System for the new Eagan Fire Safety Campus Pa L. EXTEND the completion date for landscaping to September 30, 2010 for Property Claims Solutions, located 1 I P3 at 2005 Pin Oak Drive for M. APPROVE extension of preliminary subdivision approval Sumac Ridge P3� N. APPROVE plans and specifications and authorize ad for bids, Contract No. 10 -10, South Water Treatment Plant (Upgrade) {� O. APPROVE Plans and Specifications and authorize ad for bids, Contract No. 10 -16 (Rain Gardens - Schwanz Lake Direct Drainage / Golden Meadow Road and Stirrup Street -237 P. AUTHORIZE submittal of grant application to Minnesota Pollution Control Agency for Minnesota Clean Water Partnership (Blackhawk Lake and Thomas Lake Management Plans) P Q. ADOPT resolution accepting a donation from Virginia Knight family for Historical Society P4a R. APPROVE 2011 Civic Arena budget, 2011 Civic Arena facility rental rates, and purchase of 2011 capital 4244s. items in 2010. AWARD contract to TITAN ENERGY for emergency generator for Fire Safety Center. PL- T. APPROVE Tobacco License for Karen and Joseph Foggia, Black Diamond Wine & Spirits, 525 Diffley Road V. PUBLIC HEARINGS fq(Q A. PROJECT 1033, Cliff Road Trunk Water Main (Lexington Avenue to Dodd Road) VI. OLD BUSINESS Pga A. ORDINANCE AMENDMENT - Chapter 6, Other Business Regulation, Section 6.35 Gambling B. ORDINANCE AMENDMENT - Chapter 11, Section 11.40 regarding outdoor wood boilers VII. NEW BUSINESS `'91 A. PRELIMINARY and FINAL SUBDIVSION for Eagan Central Park 2nd Addition - A Preliminary & Final Subdivision of approximately 57 acres to create a parcel for the Eagan Service Memorial located at the Eagan Community Center, 1501 Central Parkway. VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY P 109 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. APPROVE Extension of Term for Amendment of TIF Development Agreement for Lennar /Nicols Ridge Revised Development Plan in the Cedar Grove Redevelopment District F. OTHER BUSINESS G. ADJOURNMENT X. AD 119 A. B. C. D. E. MINISTRATIVE AGENDA City Attorney City Council Comments City Administrator Director of Public Works Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT 400P City of Eap demo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 30, 2010 SUBJECT: AGENDA INFORMATION FOR AUGUST 2, 2010 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the August 2, 2010 City Council agenda, the following items are in order for consideration. Agenda Information Memo August 2, 2010 City Council Meeting RECOGNITIONS AND PRESENTATIONS A. RECOGNITION IN MEMORY OF TERRY DAVIS -20 YEAR CITY VOLUNTEER ACTION TO BE CONSIDERED: No formal action required. Comments to be made to recognize Terry Davis' contributions to the City of Eagan. FACTS: • On July 29, 2010, the City of Eagan learned of the passing of Terry Davis. • Terry served as a volunteer for the City for 20 years in many capacities, including service on City advisory commissions and the Eagan Art Festival Board. • A celebration of Terry's life will be taking place at the Eagan Community Center on August 29. ATTACHMENTS: • There are no attachments. Agenda Information Memo August 2, 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 July 20, 2010 Regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the July 20, 2010 Regular City Council meeting are enclosed on pages through S . 1 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 20, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. A resident discussed issues she has encountered with Comcast and the need for broadband in Eagan. A regular meeting of the Eagan City Council was held on Tuesday, July 6, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, Administrative Services Gene VanOverbeke, Director of Communications Tom Garrison, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Broyles. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Mayor Maguire and the Council recognized City Administrator Hedges for his recent 35th anniversary with the City. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the July 6, 2010 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve job title change and job classification level change from Transportation Engineer, (Level 13) to Transportation Operations Engineer (Level 14). 2. It was recommended to approve submittal of Early Retiree Reinsurance Program Application. C. It was recommended to ratify check registers dated July 1, 2010 and July 8, 2010 as presented. D. It was recommended to adopt a Proclamation Recognizing August 3, 2010, as "National Night Out' in Eagan. E. It was recommended to award Contract 09 -13 (Duckwood Drive Extension — Street and Utility Improvements) to Ryan Contracting Company, for the base bid in the amount of $575,096.00 and authorize the Mayor and City Clerk to execute all related documents. F. It was recommended to approve a final plat (Central Irrigation Supply Addition) combining two parcels into one lot for property located at 2797 Eagandale Boulevard. G. It was recommended to adopt a Resolution authorizing a Department of Employment and Economic Development (DEED) Redevelopment Grant Application for infrastructure improvements in Cedar Grove Redevelopment District. H. It was recommended to direct staff to prepare an ordinance amendment to City Code Chapter 11 relative to the outdoor storage of vehicles in commercial and industrial districts. I. It was recommended to approve Change Order No. 1 to Contract 10 -05 (Farnum Drive — Street Light Improvements) and authorize the Mayor and City Clerk to execute all related documents. J. It was recommended to approve a Stipulation Agreement to Amend the Easement Acquisition for Contract 09 -04, Fish Lake Alum Treatment Basin and authorize the City Attorney to execute said agreement. 4 City Council Minutes July 20, 2010 Page 2 aF A (' OLD BUSINESS City Administrator Hedges introduced this item regarding a Regional Roadway System Visioning Study (RRSVS). Public Works Director Colbert provided an overview of the study. Tom Link, representing Inver Grove Heights, and Brian Sorensen, representing Dakota Count, were present. Councilmembers held a brief discussion. Councilmember Fields moved, Councilmember Bakken seconded a motion to receive the Final Report for the Regional Roadway System Visioning Study, adopt a resolution accepting the recommendations and authorize the Mayor and City Clerk to execute said resolution. Aye: 5 Nay: 0 NEW BUSINESS ORDINANCE AMENDMENT — CHAPTER SIX, SECTION 6.54, REGARDING BODY ART ESTABLISHMENTS AND TECHNICIANS City Administrator Hedges discussed a proposed ordinance amendment to Section 6.54 which would incorporate a new law that was set during the 2010 Legislative Session regarding body art establishments and technicians. He noted that Council may wish to consider the merits of continuing to license body art establishments given the new State regulations. After brief discussion, it was the consensus of the Council to amend the ordinance as proposed to incorporate the State regulations, and at a future date, discuss the merits of continuing to license body art establishments. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve an amendment to Chapter Six, Section 6.54 of the City Code regarding Body Art Establishments and Technicians. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA There were no items that required action. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Mayor Maguire moved, Councilmember Bakken seconded a motion to adjourn the meeting at 7:05 p.m. Aye: 5 Nay:0 Date a Administrative Secretary / Deputy Clerk Agenda Information Memo August 3, 2010 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Hiring of Keisa Nippoldt for Clerical Technician III position ACTION TO BE CONSIDERED: Authorize the hiring of Keisa Nippoldt for the Clerical Technician III position in Community Development effective August 24, 2010. FACTS: • Replacement due to employee resignation. • The Eagan City Council previously approved the filling of this vacancy at the Council meeting on July 6, 2010. Item 2. Hiring of Seasonal Employees ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation division. Name Division Job Title Daniel Paulus Cascade Bay Guest Services I Leah Rhode Cascade Bay Guest Services I Allyson Jones Cascade Bay Guest Services I Allyson Winter Cascade Bay Guest Services I Item 3. Revision of City of Eagan Personnel Policy 16.1.6 ACTION TO BE CONSIDERED: Authorize the revision of Personnel Policy 16.1.6 on Civic Duties. FACTS: • City of Eagan policy manual references Minnesota Statute 204A.36 which has been repealed. (This old language provides for an employee to vote in the morning and receive regular pay for such activity.) • Minnesota Statute 204C.04 reflects changes made during the 2010 Legislative session and supersedes Minnesota Statute 204A.36. (The new language provides for an employee to vote at any time during the day and receive regular pay for such activity.) 16.1.6 Civic Duties: Minnesota Statute 204A.36 204C.04 states that: -' salary of wages on aecotn}t of sueh absenee." "Every employee who is eliyible to vote in an election has the right to be absent from work for the time necessary to appear at the employee's polling place, cast a ballot, and return to work on the day of that election, without penalty or deduction from salary � r wages because of the absence. An employer or other person may not directly or indirectly refuse, abridge, or interfere with this right or any other election right of an employee. For purposes of this section, "election" means a regularly scheduled state primary or general election, an election to fill a vacancy in the office of United State senator or United States representative, or an election to fill a vacancy in the office of state senator or state representative." 7 Agenda Information Memo August 2, 2010 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated July 15, 2010 and July 22, 2010 as presented. ATTACHMENTS: • Check registers dated July 15, 2010 and July 22, 2010 are enclosed without page number. Agenda Information Memo August 2, 2010, Eagan City Council Meeting CONSENT AGENDA D. Acceptance of a $50.00 donation from James and Mary Soukup. ACTION TO BE CONSIDERED: To accept a $50.00 donation from James and Mary Soukup. FACTS: • Mr. and Mrs. Soukup's eight - year -old daughter was bitten in the ankle by an unfamiliar dog. The dog was leashed and with its owner at the time of the incident. • Due to the laceration in the little girl's skin, there was concern she could contract rabies. • Because the girl did not know the identity of the dog or its owners, Animal Control Officer Karen Grimm posted fliers in the neighborhood in an attempt to locate the dog. Ultimately, the dog and its owners were identified. • It was learned the dog had been vaccinated for rabies. Consequently, the girl will not have to suffer through a series of rabies vaccinations. • To show their appreciation for the efforts of Karen Grimm and the City, Mr. and Mrs. Soukup sent the police department a $50.00 donation. • The police department has contacted the Soukups and acknowledged the donation. • The donation will be put towards the purchase of dog handling equipment. NO ATTACHMENTS I Agenda Memo August 2, 2010 City Council Meeting CONSENT AGENDA: E._ AUTHORIZE HIRING A CONSULTANT FOR ABLE FIRE TRAINING FACILITY ACTION TO BE CONSIDERED: To authorize hiring a consultant to perform a Master Planning and Feasibility Study of the ABLE Fire Training Facility. FACTS: • The current ABLE Fire Training Facility is a partnership between the Cities of Apple Valley, Burnsville, Lakeville and Eagan. • The current fire training structures are located in the City of Burnsville off of Cliff Road. The structures where built in 1987. • Each partner city pays a yearly maintenance fee of $2,500. The fees are kept in an ABLE Fire Training account at the City of Burnsville. The current fund balance is approximately $75,000. • In 2009 an engineer was hired with ABLE funds to perform an evaluation of the ABLE Fire Training structures and recommend needed repairs. Recommendations included replacing windows, doors, roof hatches and some cement block exterior walls and repairing the leaking roof of the burn facility. • Recently ABLE staff obtained quotes for some of the previously mentioned burn facility repairs. The repairs would quickly exceed $100,000. • Due to the cost of repairs and still lingering concerns over the longevity of the current burn facility, the ABLE partnership is recommending that a consultant specializing in fire training facilities be hired to help determine if it's feasible to repair and to continue use of the current burn facility or if plans should be made to replace the facility in future years. The consultant would also help identify if there are additional partners that would want to join the ABLE partnership and look at short term and long term public safety training needs in our region. • ABLE is seeking authorization from the four partner communities to use up to $20,000 from the existing ABLE Fire Account to hire a consultant to perform a Feasibility Study and Master Planning of the ABLE facility. ATTACHMENTS: None /0 Agenda Memo August 2, 2010 Regular City Council Meeting Consent Agenda F. AUTHORIZE THE ADVERTISEMENT FOR BIDS FOR REPLACEMENT FIRE ENGINE ACTION TO BE CONSIDERED: Authorize the advertisement for bids to purchase replacement fire engine. FACTS: • The 2010 approved CIP budget includes replacement of Fire Unit 1213, a 1980 Ford Fire Engine. • Council previously approved the sale of the current Unit 1213 via sealed bids. The used truck was sold for the amount of $5,521.10 to a fire department located in South America. • The Fire Department's Truck Committee has prepared specifications for a replacement fire engine and would like authorization to proceed with advertising for bids. • The specifications have been reviewed by the City Attorney's Office. • The specifications for this truck include a unique "green" feature called idle reduction. Idle reduction technology helps save fuel costs by automatically turning off the truck's engine when not needed on an emergency scene and starting a small diesel generator that uses much less fuel than the truck's engine to operate emergency lights and tools. Funding for the replacement fire engine would come from the Fire Apparatus Revolving Fund. • The Fire Department will bring the bids back to a future Council Meeting to present to the City Council for approval. ATTACHMENTS: None Agenda Memo August 2nd 2010 Regular City Council Meeting CONSENT AGENDA: G. APPROVE CHANGE ORDERS FOR FIRE SAFETY CENTER PROJECT. ACTION TO BE CONSIDERED: To APPROVE change orders for Fire Safety Center. FACTS: • The Council has previously authorized award of 26 contracts for the construction of the Fire Safety Center project. • Staff from our Construction Management firm, Bossardt continues to work with each contractor that was awarded one of the 26 contracts to find ways to reduce our overall costs through value engineering. • We also have had to make minor adjustments to the project as it proceeds. An example is to add a bench in the shower area to meet ADA requirements. • City Staff and Bossardt Staff are recommending the following change orders for a neat savings of $5,571. 1. ASI -002 Revise under slab plumbing $1,250 2. PR -003 Add bench in shower per ADA $160 3. PR -008 Redesign fire protection system ($2,745) 4. PR -009 Change lintels $856 5. PR -010 Reroute electrical to new generator location $2,586 6. PR -017 Relocate geothermal wells due to power line locations ($597) 7. RCO -001 Reduced machined polished floor area ($14,504) 8. RCO -010 Install local wood flooring and paneling $8,200 9. RCO-0 18 Switchgear change for Dakota Electric ($777) ATTACHMENTS: Modification log /a E e � CL O J � O � U iE5 O OE� � § �I § 2; fF- :Le t IL !a■ 0 Rq k 44 'a■ B kCL Z E , % / k § 7 2 CD � E \} mac, §. , g �E 0 0 LO § $ f ] CL assass2 2822222 G 401, 222222■ w 44 k k/ o£$ I J % . § ) o2 -d §o E22 s $ /$ /�`- . s2a@0§ ; ©2'a q b s� / <ou �z a:i E 8 k\ c-) ka: �CL km CL q 0 ) 2 2 CL cm r- '0 22 \!�§ a# C%ra a« k /k k� I k E f A Ef A CL C 10 it 20 �; §f e ka7§ e ƒ§ | f2 §»� 79CL0 a =§]� 0 \ � ) CL CM 0. ogo Deco _ IkJ§ m© I #a§ £ � a ) c @sue k(0i§ / \� w6\ co § 2\ CO '»c LIr 2£ 0 k � � 8 E 2� CL 240 � co �$ 244 cc Ln m 2# B; £� k 2 ) % E E U) ) � ks (D t §2 (D4k 2 cc 0 § r- 0 cc CL � a R § � § / k � } % � 7 a \ <\ a< ® k\ �a? \ \ a£ E § & �\ %\ 5// ` + °§ §k�\ § m 2 R, E e � CL O J � O � U iE5 O OE� � § �I § 2; fF- :Le t IL !a■ 0 Rq k 44 'a■ B kCL Z E , % / k § 7 2 CD � E \} mac, §. , g �E 0 0 LO § $ f ] CL assass2 2822222 G 401, 222222■ w 44 k k/ o£$ I J % . § ) o2 -d §o E22 s $ /$ /�`- . s2a@0§ ; ©2'a q b s� / <ou �z a:i E 8 k\ c-) ka: �CL km CL q 0 ) 2 2 CL cm r- '0 22 \!�§ a# C%ra a« k /k k� I k E f A Ef A CL C 10 it 20 �; §f e ka7§ e ƒ§ | f2 §»� 79CL0 a =§]� 0 \ � ) CL CM 0. ogo Deco _ IkJ§ m© I #a§ £ � a ) c @sue k(0i§ / \� w6\ co § 2\ CO '»c LIr 2£ 0 k � � 8 E 2� CL 240 � co �$ 244 cc Ln m 2# B; £� k 2 ) % E E U) ) � ks (D t §2 (D4k 2 cc 0 § r- 0 cc CL � a R § � § / k � } % � 7 a /� � .a f f f f ' 0- a. a. IL 0 c $22222 22&40 0 . J : C 'D t //W c6'i .. N § E (:_ a gc6r 2 -\- ]g v 2222 //� � v � (i (3 IL @2 _ IL a .55 00 k � \� k= 22 2 . .a. a 3 Q .2 k § z 22 [ ' k k k k \ � + . § f ] § 4cyto { m e*g �.ac- tv in 4) 2 §�2 k�\ .c a :;: 00 22 § § 4) o cm 2 7) c \)$ k# \Q §) k ƒ\G£2C 2 a k§ kcc E �k : S E E 02— S s k m 0 0 0 0 �2` \ | - "k • � G c 7 a ) /� Agenda Information Memo August 2, 2010 Eagan City Council Meeting CONSENT AGENDA: H. Approve an agreement with the Minnesota National Guard, allowing Eagan Police Officers to train at Camp Ripley on August 27, 2010. ACTION TO BE CONSIDERED: The action is to approve a lease agreement between the City of Eagan and the Minnesota National Guard -Camp Ripley. The approval of this lease will enable the police department's tactical team to complete its monthly training. FACTS: • The tactical team has previously conducted training at Camp Ripley. • The lease agreement was reviewed by the Eagan City Attorney and there were no suggested changes to the document. • Members of the tactical team will be using Camp Ripley's shooting range and other facilities. • The Council approved a similar lease with Camp Ripley in 2009, for the same type of training. ATTACHMENTS A copy of the lease agreement is attached as pages 16 through /Is- Agenda Information Memo August 2, 2010 Fagan City Council Meeting CONSENT AGENDA: H. Approve an agreement with the Minnesota National Guard, allowing Eagan Police Officers to train at Camp Ripley on August 27, 2010. ACTION TO BE CONSIDERED: The action is to approve a lease agreement between the City of Eagan and the Minnesota National Guard -Camp Ripley. The approval of this lease will enable the police department's tactical team to complete its monthly training. FACTS: • The tactical team has previously conducted training at Camp Ripley. • The lease agreement was reviewed by the Eagan City Attorney and there were no suggested changes to the document. • Members of the tactical team will be using Camp Ripley's shooting range and other facilities. • The Council approved a similar lease with Camp Ripley in 2009, for the same type of training. ATTACHMENTS A copy of the lease agreement is attached as pages through A0 LEASE NUMBER 10 -186 LEASE FOR THE USE OF CAMP RIPLEY GROUNDS AND FACILITIES This lease to use Camp Ripley Grounds and facilities is issued on Wednesday, June 23, 2010 by the Camp Ripley Commander to Eagan Police Department hereafter called the LESSEE. This lease, to be used on, 8/27/2010 through 8/27/2010 is issued for the following purpose and limited to the following activities: POC Mr. Andy Speakman 8/27/2010 Lessee's Address: Eagan Police Department Telephone: (651) 675 -5876 Mr. Andy Speakman 3830 Pilot Knob Road Eagan, MN 55122 This lease is issued subject to the following conditions: 1. The Lessee agrees to pay the following fees: FEE FOR AMOUNT F & M 1 (Walk Thru) $110.00 $0.00 $.00 $.00 $0.00 $0.00 TOTAL: $110.00 Fees are payable to: CAMP RIPLEY MESS FUND LESSEE INITIALS 17 1 of 3 LEASE (CONTINUED) LEASE NUMBER 10 -186 2. Liability. The State of Minnesota shall not be responsible for damages to property or injuries to persons which may arise from, or be incident to, the use of Camp Ripley grounds and facilities. The State of Minnesota shall not be responsible for any claim, regardless of kind, related to activities undertaken pursuant to this lease. The lease shall indemnify and hold harmless the State of Minnesota from any and all claims, damages, expenses and liabilities arising out of its use of Camp Ripley's grounds and facilities. 3. Permits and Licenses. The lessee shall obtain all permits and licenses required for its activities at Camp Ripley. The State of Minnesota shall not be responsible for the lessee's failure to obtain such permits and licenses or to comply with any other requirements imposed upon the lessee for the conduct of its activities. 4. Compliance With Laws. The lessee shall comply with all applicable laws, ordinances, rules and regulations. The State of Minnesota shall not be responsible for the lessee's failure to comply. 5 . Insurance. The lessee shall obtain adequate insurance coverage for persons and property associated with activities conducted pursuant to this lease. 6. Internal Security. The lessee shall be responsible for internal security of personnel and property within the areas assigned to it. The lessee accepts full responsibility for the conduct of all persons admitted to Camp Ripley pursuant to this lease. The lessee shall report immediately any violations of laws, ordinances, rules or regulations, including the Camp Ripley Regulations, to the Camp Ripley Security Force at the Main Gate or Building 2 -99, Ext. 7339. 7. Liability for Damage to Camp Ripley. The lessee shall at all times exercise due diligence in the protection of Camp Ripley grounds and facilities. In the case that any property of the United States or the State of Minnesota is damaged or destroyed by the lessee incident to the use of Camp Ripley, the lessee shall Pay an amount sufficient to compensate for the loss sustained by the United States or the State of Minnesota by reason of damages to, or destruction of, government property. 8. Vacating Premises. On or before the date of the expiration of this lease or its termination, the lessee shall vacate the grounds and facilities assigned to it and restore the grounds and facilities to as good order and condition as that existed upon its arrival. LESSEE INITIALS 2 of 3 LEASE (CONTINUED) LEASE NUMBER 10 -186 2. Liability. The State of Minnesota shall not be responsible for damages to property or injuries to persons which may arise from, or be incident to, the use of Camp Ripley grounds and facilities. The State of Minnesota shall not be responsible for any claim, regardless of kind, related to activities undertaken pursuant to this lease. The lease shall indemnify and hold harmless the State of Minnesota from any and all claims, damages, expenses and liabilities arising out of its use of Camp Ripley's grounds and facilities. 3. Permits and Licenses. The lessee shall obtain all permits and licenses required for its activities at Camp Ripley. The State of Minnesota shall not be responsible for the lessee's failure to obtain such permits and licenses or to comply with any other requirements imposed upon the lessee for the conduct of its activities. 4. Compliance With Laws. The lessee shall comply with all applicable laws, ordinances, rules and regulations. The State of Minnesota shall not be responsible for the lessee's failure to comply. 5. Insurance. The lessee shall obtain adequate insurance coverage for persons and property associated with activities conducted pursuant to this lease. 6. Internal Security. The lessee shall be responsible for internal security of personnel and property within the areas assigned to it. The lessee accepts full responsibility for the conduct of all persons admitted to Camp Ripley pursuant to this lease. The lessee shall report immediately any violations of laws, ordinances, rules or regulations, including the Camp Ripley Regulations, to the Camp Ripley Security Force at the Main Gate or Building 2 -99, Ext. 7339. 7. Liability for Damage to Camp Ripley. The lessee shall at all times exercise due diligence in the protection of Camp Ripley grounds and facilities. In the case that any property of the United States or the State of Minnesota is damaged or destroyed by the lessee incident to the use of Camp Ripley, the lessee shall Pay an amount sufficient to compensate for the loss sustained by the United States or the State of Minnesota by reason of damages to, or destruction of, government property. 8. Vacating Premises. On or before the date of the expiration of this lease or its termination, the lessee shall vacate the grounds and facilities assigned to it and restore the grounds and facilities to as good order and condition as that existed upon its arrival. LESSEE INITIALS /e 2of3 LEASE (CONTINUED) LEASE NUMBER 10 -186 9. Cancellation by Camp Ripley Commander. This lease may be canceled by the Camp Ripley Commander at any time and for any reason. No claim for damages to the lessee from any such cancellation shall be asserted or maintained against the State of Minnesota. 10. Cancellation by Lessee. The lease may be canceled at any time and for any reason. The lessee may be liable for expenses incurred by Camp Ripley for the period beginning 30 days prior to its anticipated arrival at Camp Ripley. Written notice of cancellation must also be received. 11. Assignment. This lease is not assignable or transferable. In witness whereof, both parties have hereunto set their hands the day and written above. By c CHARD EAVER ATS Form 122 /n 3 of Lessee LESSEE INITIALS Consent Agenda Information Memo August 2, 2010 Eagan City Council Meeting CONSENT AGENDA: Approval of an addendum to the 2008 contract between the City of Eagan and Financial Crimes Services (FCS) ACTION TO BE CONSIDERED: To approve an addendum to the contract between the City of Eagan and the Financial Crimes Services. FACTS: • On July 1, 2008, the City of Eagan signed a contract with Financial Crimes Services. • The agreement allows FCS to investigate dishonored check complaints and seek restitution on behalf of the victim. • FCS also provides a check diversion program whereupon suspects have an opportunity to avoid prosecution if they successfully complete the diversion program. • The addendum outlines a fee structure and sample notification letters for suspects. • There is no cost to the City of Eagan. • The Eagan City Attorneys have reviewed the addendum and the sample notification letters. • There are two copies of the contract addendum attached for the Mayor and City Clerk to endorse. ATTACHMENTS: Copy of the 2010 contract addendum on pages OM ADDENDUM LETTERS TO CHECK WRITERS - attached CHECK DIVERSION FEES Class Fee $125.00 NSF Fee $ 30.00 merchant gifted fee Payment plan fee $ 25.00 this fee is for participants who have extended payment plans beyond 30 days. Late Fees $ 25.00 Fee is added based on discretion and does not accumulate over $75.00. Account Specialists are allowed to remove this fee at anytime. Internal NSF return fee Credit Card Transaction Fee Electronic check fee I agree to the fees as set above: Signature Title Date I agree to the letters: Signature Title Date $ 32.50 $ 5.00 debtor given option $ 3.50 debtor given option Fax signed Addendum to attn: Scott at 1- 651 - 388 -2615 or email signed image to scott@financialcrimes.net �1-1 Jurisdiction Name here Check Diversion Program Managed by Financial Crimes Services Financial Crimes Services, LLC (FCS) is a private company under contract to conduct a pretrial diversion program pursuant Mina Statute 628.69. FCS is not a law enforcement agency or a prosecutor. FCS does not have authority under Minnesota law to investigate crime, make arrests, or file charges in court. FCS is required by Minn. Statute 628.69 to inform the prosecuting authority of your noncompliance. May 3, 2010 File Number: «Number» ((FirstName)) ((LastName)) ((Street])) ((Street2)) «City)), «State» <<Zipcode)) 17� It e NOTIFICATION OF DISHONORED C The Check Diversion Program received a dishonored check signed wit nam . CS has been contracted as the management company to contact you so that you are aw is dishonored check and to inform you of your options to correct this matter. There are three easy components to successfully complete this Qa80-5420 1. Make contact with the Check Divers' n Program 2. Pay your amount owed in full 3. Attend the one time four hour anagem class As stated in MN Statute 628.69 if the above require s ha een satisfied this bad check(s) can not be used against you in any court of law. You may dispute the validity of this al dishonore check violation. If you are a victim of theft, forgery or identity theft you must file PWdavit with your local law enforcement and fax a copy of the complaint to Check Diversion Pro at 388 -2615. Your file will be closed and the recipient will be notified. WITHIN 5 BUSINESS DAY RAGE THJFDATE ON THIS LETTER CALL THE PROGRAM TO: 1. Pay the tots ount du urrenb> or 0 2. Set up ayme Recipient Check Date eck Check Bank NSF Fee Class Fee Payment Total Due umber Amount Charges Plan Fee (o(Customer ser atel)) ((L1 Linel)) ((Current])) ((Current3>> «Current4» ((Current5>> ((Current7» ((Current)> If your check rked Non - sufficient funds (NSF) and you contact FCS within 5 business days from the date of this letter FCS will deduct .00 class fee. Send paymen by money order or cashiers check. Check, debit card and credit card accepted by phone. Make payments payable to Check Diversion Program. Write down your file number («Numben>) on your payment. Send payment to: Check Diversion Program P.O. Box 94 Red Wing, MN 55066 -0094 To have the Class Fee reduced or forgiven you will have to submit a written request to the prosecuting authority listed on this letter. Call FCS for contact information. Stef Johnson Supervisor Check Diversion Program 1- 800 - 880 -5420 `Wit. Jurisdiction Name here Check Diversion Program Managed by Financial Crimes Services SECOND NOTIFICATION OF DISHONORED CHECK May 3, 2010 SECOND NOTIFICATION File number: «Numbem Total Check Amount <<FirstName» <<LastName» Total Bank Charges « Streetl o NSF Fee <<Street2» Diversion lass F «CSZu Payment PI ee * ** qr_#_1 • T You have a balance due on the bad check signed in your name. Full payment must be oneWvoid your file being reviewed by our Financial Crimes Investigative Division and referred back to the pro Vsend mey for violation of h4N Statute 609.535 which could result in legal criminal action against you. You are now require full amount due as totaled above unless an agreement has been made with our office for a specific ate. FCS is allowed by contractual agreement with the above prosecuting a ty to revie and assemble information on all check(s) we have received. Information acquired could be forwarded to the above cut' uthority for review with our recommendation that there could have been criminal intentAy writing a disho check. This is a Criminal iste ull%y MN Statute 609.535 You can avoid this criminal issue process onta g FCS and making payment arrangements. Send payments by money order or cashierglkck. C k, debit card and credit card accepted by phone. Make payments payable to Check Diversion Program. Write down your file n (u on your payment. Send payment to: Ch k Diversion Program . Box 94 ed Wing, MN 55066 -0094 A 4 (fo o Finan ement Class is required by NIN Statute 628.69. The class fee is listed in your total due. To have the Class a reducSd2&6&aj will have to submit a written request to the prosecuting authority listed on this letter. Call FCS for contact info utmg authority has the discretion to waive or reduce the class fee on a case by case basis. You may dispute t validity of this alleged dishonored check violation. If you are a victim of a check crime and claim the check(s) listed above rged, you must file an affidavit of forgery or identity theft case with your local law enforcement agency and fax a copy of the po cc report and affidavit of forgery /fraud to 1 -651- 388 -2615. Your file will be closed and the victim will be notified of your claim. If you have any questions or are ready to make payment arrangements, please contact the Check Diversion Program at 1- 800 -880 -5420 or 1-651- 388 -2569. Reference file number («Number»). StefJohnson Supervisor `-� S Jurisdiction Name here Check Diversion Program Managed by Financial Crimes Services May 3, 2010 File Number: «Number» aFirstName» «LastName» Streetl» <<Street2» <<CSZ» Total includ As of this date, you have failed to fulfill your promise, which has now plan been re- activated for review by our investigative division. You are now requi for the full amount due (as totaled above), within five (5) business days of the FOU CONTACT FCS TO DISCUSS YOUR ACdQ�NT .se has order V As stated above, failure to pay your amount owed as previously agree �esult in your file being reviewed by FCS staff and investigators for consideration of theft by passing dishonore c�(s). Your file can be submitted to appropriate prosecuting authority for possible prosecution under MN Sta ed35 with the possible issuance of a warrant for your arrest. THIS IS A CRIMINAL IS ER NIN STATUTE 609.535 Send payments by money order or cashiers chec hec ,debit card and credit card accepted by phone. Make payments payabL to Check Diversion Program. Include your flt� r («Number») on your payment. Send payment to: Check Di rsion Program P.O. 'i! Re , MN 55066 -0094 Total including other checks: LinkedBalance 0 A 4 (four) hour fmanc' an ement class is required by MN Statute 628.69. The class fee is listed in your total due. You will receive a letteer' mnear future for your scheduled class. If you have aq q tons, contact the Check Diversion Program at 1- 800 - 880 -5420. Reference file number ( <<Number»'N St hnnslfi S pe r, Check Diversion Program 05 a� Agenda Memo August 3, 2010 Regular City Council Meeting CONSENT AGENDA: J. Award contract for Low Voltage Wiring to TRiCOM COMMUNICATIONS. ACTION TO BE CONSIDERED: To award contract to TRiCOM COMMUNICATIONS for Low Voltage Wiring for the new Eagan Fire Safety Building and authorize the Mayor and City Clerk to sign the appropriate documents. FACTS: • The City will utilize a low- voltage wiring contractor for installation of data, voice, overhead paging, CCTV (video surveillance) and cable TV services and equipment needed in specified locations in the City's new Fire Safety Building. • The low- voltage wiring was not part of the bid package put together and managed by the construction manager. • The low- voltage wiring is included in the total project budget. ATTACHMENTS: • Enclosed on Page sae is a copy of the tabulation of quotes. LOW VOLTAGE WIRING Eagan Fire Safety Campus Recorded Quotes Received The following are the quotes that the City received on or before July 22, 2010 by 4:30 PM, for the Low Voltage Wiring for the Eagan Fire Safety Center. They are listed from highest to lowest. The quotes are now being reviewed by City staff and our low voltage consultant. The Eagan City Council will review, approve and award the contract to the appropriate vendor. The Council has the right to refuse any and all quotes. Thank you all for your time and effort in preparing these Quotes for the City of Eagan. Structured Networks $72,950.00 US Intertec $69,815.00 Parson's Communications $63,905.95 Gephart Electric $59,980.00 Tri Com Communications $59,303.75 =90 Agenda Memo August 3, 2010 Regular City Council Meeting CONSENT AGENDA: K. Award contract for Access Control and Video Surveillance Systems to UHL Company. ACTION TO BE CONSIDERED: To award contract to UHL Company for Access Control and Video Surveillance Systems for the new Eagan Fire Safety Building and Eagan Fire Station 3 and authorize the Mayor and City Clerk to sign the appropriate documents. FACTS: • The City will utilize an access control and video surveillance for installation of access control hardware, cameras and equipment needed in specified locations in the City's new Fire Safety Building and Eagan Fire Station 3. • The access control and video surveillance was not part of the bid package put together and managed by the construction manager. • The access control and video surveillance system is included in the total project budget. ATTACHMENTS: • Enclosed on Page a e is a copy of the tabulation of quotes. C�7 ACCESS CONTROL SYSTEM Eagan Fire Safety Campus and Eagan Fire Station 3 Recorded Quotes Received Company Name Fire Safety Campus Video Fire Station 3 Total UHL $33,560 $10,695 $3,490 $47,745 VTI Security $41,227 $9,600 $5,079 $55,906 SimplexGrinnell $39,885 $13,960 $5,555 $59,400 GSSC $43,987.27 $17,993.29 $2,426.17 $64,406.73 Parsons $40,424 $23,803 $3231 $67,458 Agenda Information Memo August 2, 2010, Eagan City Council Meeting L. AMEND CONDITIONS OF PLANNED DEVELOPMENT AMENDMENT — PROPERTY CLAIM SOLUTIONS ACTION TO BE CONSIDERED: To approve an AMENDMENT to the conditions of approval to extend the deadline for installing landscaping associated with approval of outdoor storage of commercial vehicles upon the property at 2005 Pin Oak Drive, legally described as Lot 1, Block 1, Rahn Ridge 2nd Addition. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ➢ The property is zoned PD, Planned Development. ➢ On May 4, 2010, the Council approved a PD Amendment allowing outdoor storage of commercial vehicles upon this property. ➢ A condition of approval was to install additional landscaping by June 30, 2010. ➢ Staff has been working with the applicant on a suitable Landscape Plan, which has now been achieved. Meanwhile, however, the completion date for installing the landscaping has passed. ➢ For this reason, staff proposes to extend the completion date to September 30, 2010. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: Not applicable ATTACHMENTS (1): Location Map, pagc 14� IMP ON Location Map d � Long ir k Rd � • Yankee D..dI..Rdl _.HALE LA 'HALE LANE Meadowlan FIIIITFFM ° Highline Trail 9 D�mey Re Rahn Athletic Park a CIiHRd' EI _ _ _ .. +Map Area Extent . .• El Rahn Park 8 B Park e0mm m 3 P' rH R OR O i J aka o Q T Y -A Y nP P.K CENTER R J O OUNTY _._.STATE, - ---A0-----+44GHWAW - - L F �j...._ VVV A Subject Site k A.. li � (' NAr1 O Z 2� 3 Kettle Park N� KINGS RD ' r�, l Lebanon Hills Regional Park Feet 0 500 1,000 2,000 Project Name: Property Claim Solutions Legend Request: PD Amendment ,"rR Case No.: 31- PA- 04 -03 -10 1" "1i City Boundary Parcels Parks Buildings N City of Eap Agenda Information Memo August 2, 2009, Eagan City Council M. EXTENSION OF PRELIMINARY SUBDIVISION APPROVAL (SUMAC RIDGE) ACTION TO BE CONSIDERED: To approve a one -year extension of the Preliminary Subdivision approval for Sumac Ridge, consisting of 6 single - family lots on approximately 3.0 acre located at 4395 Dodd Road the NW `/a of Section 25. FACTS: ➢ The City Council originally approved the Preliminary Subdivision on July 17, 2007. ➢ The Preliminary Subdivision approval has been extended twice, expiring July 17, 2010. ➢ The property went into foreclosure and the sheriff's sale which resulted in the transfer of ownership to Bankers Mortgage occurred July 21, 2010. ➢ Bankers Mortgage is now requesting a one -year extension of the Preliminary Subdivision. This would allow Bankers Mortgage time to seek a new buyer /developer for the site, or to complete the Final Subdivision. While the expiration date has passed, if the Council detennines it to be appropriate, the Council may grant the requested extension. Approval would be retroactive and the new expiration date would be July 17, 2011. ATTACHMENTS (2): Location Map, page Letter from Bankers Mortgage, pagelq3 ,3I � ��■ rid■ � �•�� `'�� ' Yankee DoWl Ad EM ZpZrea Extent ..III �► � C. == = C ■■ ■ 1 � ■� �. �• ,!'I� ��, == . illlll� �� ■ ■ ■ ■� �� ■111■ � Wool MEN 0 ON ��p�G� � ►' �� . - - �� .■ •111' � =� �� " �;' '.��•�, Lakeside Park 111 1111111 • • • • �.i ��, !"w+rr. r ��► I� �� /■ WAFAM �1 �� r��: � ■ 11111111 - �� rj��rr � ■ Iii■ 1/ i�►�` \''�� /111��1►�� :��.I�,� ti�.��i slim • - • • - I of off 101 - • 1' 1 1 ■ BUILDERS MORTGAGE COMPANY LLC Construction Loan Specialists for Professional Builders July 27, 2010 Dept. of Community Development City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Cascade Partners, LP, Sumac Ridge Dear City Council and Staff: 14300 Nicollet Court #300 Burnsville, MN 55306 (952) 898 -1110 (952) 892 -6555 (fax) This letter is a request to extend the Preliminary Plat Approval for Sumac Ridge, formerly 4395 Dodd Road, Eagan. There have been a few changes since this was last review by staff or Council. They are summarized below. Cascade Partners, LP ( "Cascade ") secured a mortgage with Builders Mortgage Company LLC ( "BMC ") to acquire and develop the property in August 2008. Cascade was unable to develop the property in a timely fashion and failed to pay the mortgage balance on time. As a result, Cascade defaulted under their mortgage with BMC. BMC commenced a foreclosure action in 2009 with a Sheriff's sale held on July 21, 2009. The one year redemption ended July 21, 2010 and BMC is now the fee owner of the property. As fee owner, we respectfully request that the Preliminary Plat upon which our loan was originally made, would be extended so that we may secure a purchaser for this property and fulfill the terms and requirements of the Development Agreement. Thank you for your consideration. Builders Mortgage Company LLC Ron Allar President 14300 Nicollet Court, Suite 300 Burnsville, MN 55306 952 - 892 -9607 C: \Docurnents and Settings\ rallar\ Local Settings \Temporary Internet Files \0LK1A1 \BMC Letter to City of Eagan 7- 27- 10.doc Agenda Information Memo August 2, 2010 Eagan City Council Meeting N. CONSENT AGENDA N. CONTRACT 10 -10, SOUTH (CLIFF ROAD) WATER TREATMENT PLANT ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 10 -10 (South Water Treatment Plant — Facility Upgrade & Maintenance Repair) and authorize the use of Best Value Contracting in advertising for a competitive bid opening scheduled for 11:00 a.m., Thursday, September 9, 2010. FACTS: • This contract provides for the upgrade and rehabilitation of the south water treatment facility originally constructed in 1990 at the intersection of Pilot Knob Road and Cliff Road. The project consists of the following: restoration of the building's interior; modification of the water treatment process and related equipment; energy efficiency and waste reduction upgrades to the building envelope, HVAC system, electrical /lighting system, computer /automated operational controls and water treatment process equipment; surface treatment /protection (painting); worker safety enhancements; work station upgrades; chemical storage area modifications; regulated substance control; and security system enhancements. • Although this plant is designed to process 16.0 Million Gallons per Day (MGD) with 7 of the 8 filters in use, build up of residual polymer in the recycled backwash water has had an increasing detrimental effect upon the effective treatment capacity of the plant. This increased polymer concentration, in essence, clogs the filter media very quickly when large amounts of water are being processed. As a result, the plant can only reliably provide 12 MGD on a maximum day. • On May 18, the Council authorized Bolton & Menk, Inc to prepare detailed plans and specifications. These plans have now been completed and are ready for Council approval and authorization of the competitive solicitation of bids. $4 million has been previously approved and programmed in the CIP by the City Council on June 2, 2009 ($2M for 20 10) and June 1, 2010 ($2M for 2011). • The water treatment plant has been programmed to be shut down from October 15, 2010, to April 15, 2011, during seasonal lower water demands. In order to schedule this improvement work in a timely manner, it is appropriate to approve the detail plans and specifications and authorize the solicitation of competitive bids. Staff also proposes to implement the Best Value Contracting Process that allows the City to evaluate the experience and capabilities of the bidders in addition to comparing competitive bids to insure the City will receive the best value for the contract amount ultimately awarded. � 'F Agenda Information Memo August 2, 2010 Eagan City Council Meeting O. CONTRACT 10 -16, RAIN GARDENS SCHWANZ LAKE DIRECT DRAINAGE AREA ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract No. 10 -16 (Rain Gardens - Schwartz Lake Direct Drainage /Golden Meadow Road) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, September 16, 2010. FACTS: • Contract 10 -16 provides for the continuation of the rain garden improvements within the nearly 30 acre direct drainage area north of Schwartz Lake that began last year (City Contract 09 -14). Nine rain gardens will be constructed under this contract to add to the original 10 constructed in this neighborhood last fall. Another 10 -11 rain gardens are anticipated to be constructed later this year or next spring. • Construction in 2010 will be more complicated than in 2009. More sites have buried utilities in proximity to necessary excavation areas, requiring "surgical" excavation and sub -soil loosening methods to maximize rain garden functioning. "Footprint" constraints and topography within relatively narrow rights -of -way also necessitate using more retaining walls to maximize basin areas and temporary stormwater storage volumes. • The anticipated total of 30 rain gardens to be completed within the neighborhood by 2011 are estimated to reduce the neighborhood's runoff volumes by 65 %, total phosphorus by 72 %, and total suspended solids by 84 %. • All of the construction activity for said improvements has been designed to occur within existing public right -of -way or easements. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. • An advertisement will be published in the legal newspaper informing contractors of the bid. ATTACHMENTS: • Location Map, page. Agenda Information Memo August 2, 2010 Eagan City Council Meeting P. MINNESOTA CLEAN WATER PARTNERSHIP GRANT APPLICATION BLACKHAWK LAKE & THOMAS LAKE ACTION TO BE CONSIDERED: Authorize Submittal of Application to Minnesota Pollution Control Agency (MPCA) for Clean Water Partnership Grant (Blackhawk Lake & Thomas Lake Management Plans). FACTS: • In 1987, the Minnesota Legislature authorized the creation and funding of the Clean Water Partnership (CWP) Program (Minn. Stat. § 103F.701 to 103F.761) through the MPCA. The program focus is control of nonpoint sources of pollution through watershed management to protect and improve surface and ground water in Minnesota. The CWP Program provides financial assistance through matching grants and loans and technical assistance to local units of government to lead pollution control projects. • Nonpoint pollution comes from many individual sources, such as storm sewers, construction sites, paved surfaces, failing septic systems and over - fertilized lawns. When taken together, these sources contribute huge quantities of phosphorus, bacteria, sediments, nitrates and other pollutants to the environment. They also represent the largest combined threat (an estimated 86 percent) of the state's water pollution. • From 1987 to 2009 the Legislature provided the CWP Program with over $33 million for grants to local units of government. To implement a variety of activities to protect water quality, the MPCA awarded the City of Eagan CWP grants for Schwartz Lake (1994) and Fish Lake (1995). A CWP no- interest loan was acquired in 1997 to construct the Fish Lake alum treatment facility.. • The MPCA uses the CWP program to support the leadership efforts of local units of government and citizens to address nonpoint sources of pollution. The programs provide financial and technical assistance to study water bodies with pollution problems, develop action plans to address the problems, and plan implementation to fix the problems. The CWP funds are currently being used for diagnostic studies or implementation projects that protect water bodies currently meeting Minnesota's water quality standards. • CWP projects require a large commitment of time and effort on the part of participants, such as local units of government. The program requires applicants to match grant money with local cash or in -kind services. A local unit of government must sponsor the CWP project and act as its fiscal agent. • The CWP program is now accepting proposals from local governmental units interested in leading a nonpoint source pollution control project for protection or restoration of Minnesota's water bodies. Proposals for CWP Resource Investigation and Implementation projects are due August 13, 2010. • The City's Water Quality and Wetland Management Plan (2007) recommended the creation of management plans for the City's priority lakes. In response to classification by MPCA of Fish and Schwartz Lakes as impaired waters (excessive phosphorus loading), the City recently completed plans for the first two priority lakes. These Total Maximum Daily Load (TMDL) plans, supported by a $90,000 grant from the MPCA, await formal approval of the U.S. Environmental Protection Agency. Blackhawk and Thomas are the next two priority lakes scheduled for management plans. A successful CWP grant proposal would provide funding for these efforts. 37 Agenda Information Memo August 2, 2010 Eagan City Council Meeting Q. ACCEPT DONATION FROM THE VIRGINIA KNIGHT FAMILY FOR THE EAGAN HISTORICAL SOCIETY ACTION TO BE CONSIDERED: To approve a Resolution accepting a memorial donation from the Virginia Knight Family to the Eagan Historical Society and approve a budget adjustment increasing revenues and expenditures in the General Fund by $1,670 for the donation and its related expenditure. FACTS: • The family of Virginia Knight asked that donations in lieu of flowers at Virginia Knight's funeral services be directed to the Eagan Historical Society. • The Eagan Historical Society is requesting that the funds be directed for use in funding its initiatives in preserving and interpreting Eagan's history. • The funds will be placed in the Historical Society account no. 0201 6496. • A thank you letter has been sent to the Knight family and each individual donor from the Eagan Historical Society. ATTACHMENTS: • A Resolution accepting the donation to the City of Eagan is enclosed on page-'7-)el. i RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the Eagan City Council encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, the Virginia Knight family has offered to donate $1,670 for use by the Eagan Historical Society; and WHEREAS, Minnesota Statutes 465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a Resolution approved by two - thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City. BE IT FURTHER RESOLVED, that the City has sincerely thanked the Virginia Knight family for the gracious and generous donation. Motion by: CITY OF EAGAN CITY COUNCIL Seconded by: By: Those in Favor: Its Mayor Those Against: Attest: Dated: August 2, 2010 Its Clerk CERTIFICATION I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota do hereby certify that the foregoing Resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 2nd day of August, 2010. Maria Petersen, City Clerk -39 Agenda Information Memo August 2, 2010 Eagan City Council Meeting R. Approve 2011 Civic Arena budget, 2011 Civic Arena facility rental rates, and purchase of 2011 capital items in 2010. ACTIONS TO BE CONSIDERED: 1) To approve the 2011 Civic Arena budget 2) To approve 2011 Civic Arena facility rental rates 3) To approve purchase of 2011 capital items in 2010 FACTS: • The Council reviewed the Civic Arena budget in detail at its July 27 special meeting and directed the budget be placed on a future consent agenda. • No changes have been made to the budget as presented on July 27. The budget is balanced and provides for an appropriate amount of renewal and replacement funds as well as annual debt service. • The Civic Arena is supported entirely by user fees; operations are not subsidized by property taxes or other revenue sources. • Prime -time ice rental rates increase $5 per hour to $180 for hockey associations and figure skating, and $185 for ISD 196. The non - prime -time rate will remain at last year's level of $112 per hour. • Capital items in the 2011 budget to be purchased in 2010 are: • Three PCs ($600 each) • Electric ice edger ($7,500) ATTACHMENTS: Revenue and expense information is on pages through vP . City of Eapn 2011 Proposed Budget Operating Budget Acct REVENUES 4304 OTHER REVENUE 4305 EQUIPMENT RENTAL 4310 PARK PROGRAM REVENUE NON -TAX 4311 PARK PROGRAM REVENUE 4312 CONCESSION SALES 4314 MERCHANDISE SALES 4320 MARKETING REVENUE 4322 VENDING (CITY OWNED) 4323 VENDING (VENDORS) 4324 ROOM RENTAL 4325 ROOM RENTAL NON -TAX 4326 FACILITY /ICE RENTAL 4327 FACILITY RENTAL NON -TAX 4328 CONTRACT REVENUE TOTAL CIVIC ARENA REVENUES Civic Arena Responsible Manager: Juli Johnson, Director of Parks & Recreation REVENUE SUMMARY Actual Actual Budget Budget 2008 2009 2010 2011 7,714 7,862 7,000 7,500 122,545 109,883 119,600 120,000 122,273 117,812 127,300 118,700 52,860 55,080 70,000 68,000 10,195 5,255 9,500 5,500 12,041 16,937 17,000 19,000 5,458 11,490 10,000 12,000 6,055 6,081 4,000 6,000 38 726 2,000 3,600 - 1,950 3,000 3,000 133,256 125,287 129,800 132,000 447,358 429,353 433,100 453,200 $ 919,793 $ 887,716 $ 932,300 $ 948,500 41 City of Cacao 2011 Proposed Budget Operating Budget P 9 Civic Arena Responsible Manager: Juli Johnson, Director of Parks & Recreation EXPENDITURES DETAIL Actual Actual Budget Budget Acct PERSONAL SERVICES 2008 2009 2010 2011 6110 SALARIES AND WAGES - REGULAR $ 154,509 $ 196,845 $ 195,000 $ 198,900 6112 OVERTIME -- REGULAR 368 104 800 500 6130 SALARIES AND WAGES- TEMPORARY 167,868 160,663 158,000 160,000 6131 OVERTIME- TEMPORARY - 16 - - 6142 PERA - COORDINATED 16,865 19,512 13,700 14,500 6144 FICA 23,876 25,509 27,100 27,500 6151 HEALTH INSURANCE 26,488 34,097 37,900 43,600 6152 LIFEINSURANCE 353 364 - - 6154 DISABILITY- LONG TERM 595 652 - - 6155 WORKERS COMPENSATION 6,915 7,226 7,600 8,200 6157 RETIREE HEALTH INSURANCE - - - 200 TOTAL PERSONAL SERVICES 397,836 444,986 440,100 453,400 PARTS & SUPPLIES 6210 OFFICE SUPPLIES 789 412 800 800 6211 OFFICE PRINTED MATERIAL/FORMS 35 - 100 100 6220 OPERATING SUPPLIES - GENERAL 18,453 21,377 18,000 16,400 6222 MEDICAL/RESCUE/SAFETY SUPPLI ES 537 100 700 700 6223 BUILDING /CLEANING SUPPLIES 6,839 6,017 5,000 6,500 6224 CLOTHI NG/P ERSONAL EQUI PMENT 997 339 1,000 900 6230 REPAI R/MAI NTENANCE SUPP-GENL 18,779 16,327 16,000 16,900 6233 BUILDING REPAIR SUPPLIES 4,437 5,325 5,000 5,000 6235 FUEL, LUBRICANTS, ADDITIVES 15 - 100 100 6240 SMALLTOOLS 4 280 400 400 6241 SHOP MATERIALS 541 279 500 500 6244 CHEMICALS & CHEMICAL PRODUCTS 4,560 4,432 4,500 2,500 TOTAL PARTS & SUPPLIES 55,986 54,888 52,100 50,800 6310 SERVICES & OTHER CHARGES PROFESSIONAL SERVICES- GENERAL 80 200 100 100 6314 AUDITING 900 700 800 800 6327 SPORTING EVENT OFFICIALS 45 - - - 6346 POSTAGE 306 182 500 500 6347 TELEPHONE SERVICE & LINE CHG 1,922 1,449 1,500 1,500 6348 MATRIX SERVICE & REPAIR - - 300 300 6353 PERSONAL AUTO /PARKING 247 248 300 300 6355 CELLULAR TELEPHONE SERVICE 173 496 800 800 6357 GENERAL ADVERTISING 4,054 6,982 6,000 6,000 6370 GENERAL PRINTING AND BINDING 1,793 1,542 1,600 1,600 6385 INSURANCE 6,300 7,800 7,800 7,800 6405 ELECTRICITY 85,849 103,457 82,500 65,000 6410 NATURAL GAS SERVICE 91,641 68,570 90,000 15,000 6457 MACHINERY AND EQUIPMENT 4,384 1,976 1,500 3,000 �P' City of Eagn 2011 Proposed Budget Operating Budget Civic Arena Responsible Manager: Juli Johnson, Director of Parks & Recreation EXPENDITURES DETAIL (CONVD) IN Actual Actual Budget Budget 2008 2009 2010 2011 6475 MISCELLANEOUS $ - $ - $ - $ 600 6476 CONFERENCES AND SCHOOLS 1,947 1,420 1,000 1,000 6477 LOCAL MEETING EXPENSES 70 (49) 100 100 6479 DUES AND SUBSCRI PTIONS 1,679 680 700 700 6480 LICENSES, PERMITS AND TAXES 4,179 433 400 400 6482 AWARDS, JUDGEMENTS, AND LOSSES - - - - 6487 VISA/MC BANK CHARGES 3,805 4,018 6,000 5,000 6535 OTHER CONTRACTUAL SERVICES 24,787 30,005 21,500 6,000 6539 WASTE REMOVAL/SANITATION SERV 2,847 3,204 3,000 3,000 6569 MAINTENANCE CONTRACTS 8,316 10,491 9,500 40,100 SERVICES AND OTHER CHARGES 245,323 243,803 235,900 159,600 6640 CAPITAL OUTLAY MACHINERY /EQUIPMENT - - - - 6660 OFFICE FURNISHINGS & EQUIPMENT 400 2,384 6670 OTHER EQUIPMENT 12,866 14,917 CAP I TAL OUTLAY 13,266 17,300 - - 6855 MERCHANDISE FOR RESALE MERCHANDISE FOR RESALE 36,232 36,886 31,500 33,000 MERCHANDISE FOR RESALE 36,232 36,886 31,500 33,000 6491 DEBT SERVICE INTEREST 57,412 53,737 51,700 85,000 PRINCIPAL 65,000 70,000 75,000 97,100 6492 PAYING AGENT /BOND DESTRCTN FEE 431 431 - - TOTAL DEBT SERVICE 122,843 124,168 126,700 182,100 CAPITAL EQUIPMENT ALLOCATION - - 10,000 10,000 RESERVE FOR RENEWAL & REPLACEMENT 36,000 59,600 - - 46,000 69,600 TOTAL CIVIC ARENA $ 871,486 $ 922,031 $ 932,300 $ 948,500 1.74% 6488 DEPRECIATION & AMORTIZATION EXPENSE $ 224,204 $ 220,159 $ - $ - IN Agenda Memo August 2nd 2010 Regular City Council Meeting CONSENT AGENDA: S. AWARD CONTRACT TO TITAN ENEREGY FOR EMERGECNY GENERATOR FOR FIRE SAFETY CENTER ACTION TO BE CONSIDERED: AWARD contract to TITAN ENERGY for emergency generator for Fire Safety Center FACTS: • We received three quotes for the emergency generator for the new Fire Safety Center. • Staff is recommending that the contract be awarded to Titan Energy for the amount of $42,800. • The bids were as follows: 1. Titan Energy for $42,800 2. Ziegler Cat for $51,059.53 3. Interstate Power Systems for $61,500 • The purchase of the generator is part of the overall electrical budget for the Fire Safety Center. ATTACHMENTS: None Agenda Memo City Council Meeting August 2, 2010 CONSENT AGENDA: T. Tobacco License for Karen and Joseph Foggia, Black Diamond Wine & Spirits, 525 Diffley Road ACTION TO BE CONSIDERED: APPROVE Tobacco License for Karen and Joseph Foggia, Black Diamond Wine & Spirits, 525 Diffley Road FACTS: Karen and Joseph Foggia recently purchased Black Diamond Wine & Spritis, 525 Diffley Road, and have applied for a license to sell tobacco products. All requirements of the application have been met and fees have been paid. The Police Department conducted a background check and found no reason to deny the application. ATTACHMENTS: None. The application is available for review in the Administration Department. 45 Agenda Information Memo August 2, 2010 Eagan City Council Meeting PUBLIC HEARINGS A. PROJECT 1033, CLIFF ROAD WATER MAIN IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1033, (Cliff Road — Trunk Water Main Improvements) and authorize the preparation of detailed plans and specifications. FACTS: • The extension of the trunk water main system along Cliff Road between Lexington Avenue and Dodd Road was programmed for 2010 in the City of Eagan's 5 -Year CIP (2010 -2014) adopted and approved by the Council on June 2, 2009. At that same meeting, the Council directed staff to prepare a feasibility report for this assessable public improvement located in southeastern Eagan. • On July 6, 2010 the feasibility report for Project 1033 was presented to the City Council and a Public Hearing was scheduled for August 2 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on July 29 for the adjacent property owners and representatives to discuss the proposed improvements and trunk area assessments. Of the 40 total properties (all single - family zoned or low - density guided) proposed to be assessed under this improvement, eleven property owners representing 9 properties attended the informational meeting. The main topic of interest for the property owners was the proposed assessment rate. Minutes of this meeting are attached. • 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 1through4eq. • Property Owner Correspondence, pages(Q through -7 . • Neighborhood meeting notes, pages ]�throughSj . wo 41 City of Ea an Report Cliff Road Trunk Water Main City of Eagan July 2010 City Project No. 1033 Bonestroo Project No. 49 -10162 ml July 28, 2010 Mr. Russ Matthys City of Eagan 3830 Pilot Knob Road Eagan, MN 55123 Re: Cliff Road Trunk Water Main Eagan Project No.: 1033 Bonestroo File No.: 49 -10162 Dear Russ: 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636 -4600 Fax 651- 636 -1311 www.honestroo.com * Bonestroo Transmitted herewith is our feasibility report for the Cliff Road Trunk Water Main. Proposed water main improvements are presented and discussed in the report, including a detailed cost estimate and a preliminary assessment roll. Sincerely, BONESTROO Chad G. Davison, P.E. I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Chad G. Davison Date: July 28 2010 Reg. No.: 44177 Katherine M. Warner, P.E. Reviewed By: w- ` Reviewed By4FFice Department of Public Works Department M414 CITY OF EAGAN - CLIFF ROAD TRUNK WATER MAIN Table of Contents Introduction...................................................................... ..............................1 Figure1 — Location Map .................................................................... ..............................2 Feasibility, Necessity, Cost Effectiveness ............................. ..............................3 Discussion........................................................................ ..............................3 TrunkWater Main ............................................................................ ..............................3 ProposedAlignment .......................................................................... ..............................4 Dakota County Coordination ............................................................. ............................... 4 Easements...................................................................................... ............................... 4 CostEstimate ................................................................... ..............................5 Assessments.................................................................... ............................... 5 Areasto be Included ....................................................................... ............................... 5 Water Main Trunk Area Charge ......................................................... ............................... 5 Water Main Lateral Benefit ................................................................ ..............................5 FinalAssessment .............................................................................. ..............................6 Revenue........................................................................... ..............................7 ProjectSchedule ............................................................... ..............................7 Appendix A— Detailed Cost Estimate ............................. ............................... A -1 Appendix B — Preliminary Assessment Roll ..................... ............................... B -1 AppendixC — Figures ................................................... ............................... C -1 Figure 2 — Water Main Improvements ............................................. ............................... C -2 Figure 3 — Assessment Limits ......................................................... ............................... C -3 Figure 4 — Existing Utilities ............................................................ ............................... C -4 �9 CITY OF EAGAN - CLIFF ROAD TRUNK WATER MAIN Introduction Eagan's water system consists of water supply, treatment, storage, and distribution. The distribution of water is achieved through a network of trunk water mains that extend from the water treatment plants to the storage reservoirs and are looped through the system in order to provide reliable service. The Eagan Water Supply & Distribution Plan was updated in July of 2008. This plan identifies the need for a trunk distribution water main along Cliff Road, between Lexington Avenue and Dodd Road (see Figure 1). This report evaluates the feasibility of constructing this trunk water main. City of Eagan Page 1 Cliff Road Trunk Water Main Improvements BBonestroo Eagan Project No. 1033 Vv 1! I -C2 z O U O J W CL 0 0 0 S °o m 0 0 o = [N Z Z O Q O J 0 2 0 0 0 m 1-4 W C7 LL- z W d H z a a O LLi ui z 7 z �Y z z � a (D ~ w LL O u LL U- r-i J U U N t0 O ck 0 V O M W Q I 0 0 N N 10 ti m V- CITY OF EAGAN - CLIFF ROAD TRUNK WATER MAIN Feasibility, Necessity, Cost Effectiveness The project is feasible from an engineering standpoint and is in accordance with the objectives of Eagan's Water Supply & Distribution Plan. This project is necessary to provide reliable water service to the residents of Eagan, and will provide water service for future development along Cliff Road. The project is cost effective based on existing conditions, acceptable engineering standards, and the current construction bidding market. Discussion TRUNK WATER MAIN The Eagan Water Supply & Distribution Plan identifies the need for an 18 -inch trunk water main along the Cliff Road corridor between Lexington Ave and Dodd Rd. This location is within the high zone of the distribution system. The ultimate system was modeled using the current land use plan for the City of Eagan. The high zone water supply is provided by the Cliff Road Water Treatment Plant. Water is pumped from the plant to the southeast area of Eagan. The existing trunk system has only one trunk pipe (located in the Diffley Road right -of -way) supplying water to this area. The proposed 18 -inch water main will improve the rate water fills the Southern Lakes Reservoir. This will decrease the lag between the two high zone reservoirs (Safari and Southern Lakes). The proposed pipe adds redundancy and improves service (fire flows and system capacity) to southeastern area of Eagan. Trunk Water Distribution Map — 7008 update to the Eagan Water Supply & Distribution Plan City of Eagan Page 3 Cliff Road Trunk Water Main Improvements Bonestroo Eagan Project No. 1033 5D, CITY OF EAGAN - CLIFF ROAD TRUNK WATER MAIN The water pressure in the proposed trunk water main will range from 100 pounds per square inch (PSI) to as high as 130 PSI. Special care will need to be taken at all stubs and angle points to counteract the forces to prevent separation of the joints causing leaks. PROPOSED ALIGNMENT The existing trunk system has an 18 -inch water main stubbed approximately 1000 feet east of Lexington Avenue on the south side of Cliff Road. The proposed water main improvements are shown on Figure 2 in Appendix C and extend along the south side of Cliff Road, 10 feet south of the existing pavement. It is recommended to remain on the south side of Cliff Road due to conflicts with existing gravity storm sewer, storm sewer force main, private utilities, and driveways on the north side of the road, between the western connection to the existing trunk water main and Oak Pond Road. Eagan has an existing 18 -inch water main on the north side of Cliff Road between Oak Pond Road and North Hay Lake Road. This pipe was designed and installed in conjunction with the development to the north and is intended to be part of the proposed trunk water main. A jacking or open cut crossing will have to be made to connect to this existing pipe. An 8 -inch water main stub with a fire hydrant is provided at Lakewood Hills Road for the fire department to fill water trucks when responding to emergencies in this area. The stub also provides for future service to the Lakewood Hills development on the north side of Cliff Road. The crossing will require open cutting Cliff Road. The connection to the system on the eastern limits of the project would be made on the north side of Cliff Road. The trunk water main would connect the existing stubs at North Hay Lake Road and Dodd Road. A potential wetland approximately 200 feet east of North Hay Lake Road was observed during a site visit which may be impacted by the construction. A determination of impact will need to be made, but it is anticipated a utility exemption would apply and no mitigation would be needed. DAKOTA COUNTY COORDINATION Eagan staff and Bonestroo have contacted Dakota County personnel to discuss the proposed water main installation. The County's preliminary review of the alignment resulted in a general acceptance of the project. Open cutting of Cliff Road for the water main crossings has been approved. Further detailed review will need to be conducted by the County for issuance of any permits for work in the County right -of -way. EASEMENTS The trunk water main improvements are proposed to be constructed within the existing county road right -of -way. The need for temporary or permanent easements for construction is not required. A permit to work within the right -of -way will be needed from the Dakota County Transportation Department. City of Eagan Page 4 Cliff Road Trunk Water Main Improvements Bonestroo Eagan Project No. 1033 -�;3 CITY OF EAGAN - CLIFF ROAD TRUNK WATER MAIN Cost Estimate A cost estimate is presented in Appendix A located at the back of this report. The cost estimate includes 10% contingencies and 35% indirect costs. Indirect costs include engineering, administration, legal, and finance. The total estimated project costs are $524,500.00. Assessments A preliminary assessment roll is presented in Appendix B, located at the back of this report. The assessment limits are shown on Figure 3, located in Appendix C. AREAS TO BE INCLUDED South 1/2 of Section 26 Parcel 010 -51, Parcel 020 -51, Parcel 010 -53, Parcel 020 -53, Parcel 010 -54, Parcel 014 -55, Parcel 013 -55, Parcel 010 -56, Parcel 055 -00 All parcels within Noreen Addition All parcels within Acorn Pond Addition All parcels within Lakewood Hills except Lot 15 All Parcels within Lakewood Hills 2nd Addition All Parcels within Rockwoods Woods Addition WATER MAIN TRUNK AREA CHARGE Water production facilities, storage, and trunk water mains are needed to provide reliable service to the entire Eagan water system. The cost to install the system is assessed to the benefiting properties through a trunk area charge for water main in accordance with Eagan's special assessment policy. The Eagan assessment regulations state the assessable area for Trunk Water Oversizing will incorporate all property having at least 51% of its land lying within one quarter mile on either side of the trunk water main. The regulations also state a credit will be given for the area of comprehensive stormwater ponds and lakes. This credit is only applied to ponding areas within a dedicated ponding easement. The 2010 trunk water main area charge is $2,770.00 /acre. All parcels identified on Figure 3 are proposed to be charged a trunk water main area assessment. The City has previously collected trunk water main area charges from the parcels not identified in Figure 3 adjacent to the proposed improvements. The total trunk water main assessment amount is $264,092. WATER MAIN LATERAL BENEFIT The proposed water main does not provide lateral benefit to the adjacent properties. No lateral assessment is proposed for this project. City of Eagan Page 5 Cliff Road Trunk Water Main Improvements Bonestroo Eagan Project No. 1033 FINAL ASSESSMENT Upon completion of the project a Final Assessment Public Hearing will be held. The property owners will have the option to pay the assessment in full or a portion within 30 days of the Final Assessment Public Hearing. If the assessment is not paid in full it will be certified with Dakota County and collected with the property taxes over a 10 year period. The interest on the assessment is calculated at the end of each year on any remaining unpaid balance. The interest rate is assumed to be 6.5 %. City of Eagan Page 6 Cliff Road Trunk Water Main Improvements Bonestroo Eagan Project No. 1033 ss- CITY OF EAGAN - CLIFF ROAD TRUNK WATER MAIN Revenue The revenue to finance the project is as follows: The project deficit of ($260,408) will be financed by Eagan's Trunk Water Main fund. Project Schedule Project Milestone Project Cost Revenue Balance Trunk Water Main $524,500 $264,092 ($260,408) The project deficit of ($260,408) will be financed by Eagan's Trunk Water Main fund. Project Schedule Project Milestone Date Present Report to City Council July 6, 2010 Public Hearing August 2, 2010 Potential Schedule for Construction City Council authorize Plans /Specs August 2, 2010 City Council authorize bidding September 7, 2010 Bid Opening October 1, 2010 Contract award October 5, 2010 Construction October 18 thru November 26 Final Completion December 10, 2010 Final Assessment Public Hearing July 2011 1st Installment Payment Due with Real Estate Property Taxes May 2012 City of Eagan Page 7 Cliff Road Trunk Water Main Improvements Bonestroo Eagan Project No. 1033 Z�54F City of EaRan Appendix A COST ESTIMATE lsq Appendix A Cliff Road Trunk Water Main Improvements Cost Estimate JuLY 28, 2010 Qty Item Unit Unit Price Total Price 1 Mobilization & Traffic Control LS $11,000.00 $11,000.00 1 Traffic Control LS $10,000.00 $10,000.00 360 Remove and Replace Bituminous Pavement SY $65.00 $23,400.00 540 Remove and Replace Shoulder SY $50.00 $27,000.00 380 Remove and Replace Bituminous Driveway SY $40.00 $15,200.00 200 Remove and Replace Gravel Driveway SY $20.00 $4,000.00 4 Connect to Existing Water Main EA $1,000.00 $4,000.00 2,200 18" DIP water main LF $80.00 $176,000.00 120 8" DIP water main LF $35.00 $4,200.00 60 6" DIP water main LF $20.00 $1,200.00 2 Water main offset EA $3,000.00 $6,000.00 2 18" butterfly valve and box EA $4,000.00 $8,000.00 3 6" gate valve and box EA $1,000.00 $3,000.00 3 Hydrant EA $3,000.00 $9,000.00 5,220 DIP Fittings LB $5.00 $26,100.00 3 Valve box extension LF $200.00 $600.00 3 Hydrant extension LF $500.00 $1,500.00 1,000 Improved pipe foundation LF $3.00 $3,000.00 1 Seeding & Erosion Control LS $20,000.00 $20,000.00 Subtotal $353,200.00 +10% Contingencies $35,300.00 Subtotal $388,500.00 +35% Indirect Costs $136,000.00 Total Project Costs $524,500.00 �9 City of Ea�an Appendix B PRELIMINARY ASSESSMENT ROLL ED APPENDIX B CLIFF ROAD TRUNK WATER MAIN IMPROVEMENTS PRELIMINARY ASSESSMENT ROLL CITY PROJECT NO. 1033 July 28, 2010 PID I PROPERTY OWNER Cliff Road Pro erties 101025003001 Vladislav & Lili a Gokhber 101025002001 Margaret Lashmett Krypel 101025001001 Cortney White 100260001056 Millicent M. Johnson 100260001455 Jo Ellen Abraham TSTE 100260001355 Jo Ellen Abraham TSTE 100260001054 Nancy L. Sweet 100260002053 Harlan J. & Mary Doebber 100260001053 Roger A. & Judith A Urban 105150003001 Mark & Ton a Peterson 105150002001 James S. & Harriet J. Noreen 105150001001 Diane M. & Michael C. Chapp 100260002051 JFrank Q. & Barbara L.Nuttall 100260001051 JFrank Q. Nuttall Subtotal Lakewood Hills Properties 104435015100 Jodi & Barton Ikens 106450001001 Scott Rockwood 106450002101 Jane Rockwood 106450002201 Jane Rockwood 104435001000 Gustav & Audrey De ler 104435013000 Gustav & Audrey De ler 104435012000 Elizabeth Undis 104435016000 Michael& Peggy Kennon 104435017000 William Freeman 104435004000 Robert Giefer 104435011000 Lloyd Wills 104435018000 Ronald & Diane Pavlak 104435004100 Russell & Lois A rimson 104435010000 Russell & Lois A rimson 104435014000 Russell & Lois A rimson 104435005000 Robert Lane 104435009000 Robert & Carla Lane 104435008100 Barbara Thies 104435019000 Stephen & Debra Heine 104435020000 Keith & Elsie Olsen 108430005700 Keith & Elsie Olsen 104435102001 Donald & Patricia Oehrlein 104435101001 Phillips Family Trust 104435006000 Thomas & Gwen Hanlon 108430005500 IThomas Stienmueller Total Pro TOTAL AREA (ACRE) * WETLAND/ WATER AREA (ACRE) ** PROPERTY AND OWNER ADDRESS 1.26 2.00 0.81 925 Cliff Road 1.16 0.14 955 Cliff Road 2.00 0.52 965 Cliff Road 9.64 0.00 975 Cliff Road 5.02 0.00 985 Cliff Road 3.32 0.00 985 Cliff Road 9.41 0.00 995 Cliff Road 4.36 0.69 1015 Cliff Road 4.72 0.00 1007 Cliff Road 1.53 0.12 1027 Cliff Road 2.12 0.00 1031 Cliff Road 2.79 0.11 1035 Cliff Road 2.19 0.00 1055 Cliff Road 6.00 1 0.00 1 1055 Cliff Road 1.15 0.00 874 Lakewood Hills Rd 1.26 0.22 859 Lakewood Hills Rd 1.79 0.68 861 Lakewood Hills Rd 2.34 0.17 861 Lakewood Hills Rd 1.37 0.00 865 Lakewood Hills Rd 0.86 0.00 865 Lakewood Hills Rd 0.44 0.00 870 Lakewood Hills Rd 1.21 0.00 878 Lakewood Hills Rd 1.34 0.00 882 Lakewood Hills Rd 3.97 0.00 885 Lakewood Hills Rd 0.55 0.00 888 Lakewood Hills Rd 1.22 0.00 890 Lakewood Hills Rd 2.05 0.00 84 Lakewood Hills Rd 1.52 0.00 5 92 4 Lakewood Hills Rd 0.55 0.00 901 Lakewood Hills Rd 0.57 0.00 901 Lakewood Hills Rd 0.71 0.00 904 Lakewood Hills Rd 1.09 0.00 906 Lakewood Hills Rd 0.17 0.00 906 Lakewood Hills Rd 2.16 0.03 910 Lakewood Hills Rd 1.00 0.00 912 Lakewood Hills Rd 2.31 0.00 915 Lakewood Hills Rd 8.65 0.00 935 Lakewood Hills Rd 42.57 1.10 * Total parcel area excludes right of way area listed on the Dakota County tax information ** Excludes wetted area without a dedicated pond easement * ** The 2010 Trunk Water Main Assessment is $2,770.00 per acre TRUNK .TER AREA TRUNK WATER MAIN (ACRE) ASSESSMENT * ** $2,770.00 1.19 1.02 1.48 9.64 5.02 3.32 9.41 3.67 4.72 1.41 2.12 2.68 2.19 6.00 1.15 1.04 1.11 2.17 1.37 0.86 0.44 1.21 1.34 3.97 0.55 1.22 2.05 1.52 1.36 2.40 0.53 0.55 0.57 0.71 1.09 0.17 2.13 1.00 2.31 219.90 1 18.80 51.70 11.80 96.90 23.50 79.40 gO.4 1 468.10 1 523.50 1 578.90 19 66.70 3.019.30 70 .50 City of Eagan Appendix C FIGURES 0 3Atl N019NI%3l m U' Z aaoe g 5 r I I �1 - —1 Z s 9 Z W W O a z I >W 3h 0 m W LL f f 0 V Z F Q o a z z .?— Z Z W Q LL O o Y0 ce� N r LL U U < OP P O —. O a�bo p4 ti �V IZ'I _ r C) OOOCTOS£bbOT � o g O I \ J o�wscswi 0008IOSEbbOI � o 0 '�V 0b 'Z = M OOOSOOSfbbOi 0 0 aace�oO�sceem J O '3V TL'0 0006TOSEbbOT 'Iy 60'1 1 p v f � 00090 £bbOT S 00 OOZOS£b60 CI = 'IV 00'Zo I f o ¢ a TOOEOOSZOIOT Q `--- 'IV 9T'T -� TOOZOOSZOTOT U u Ij w 1 'IV 00'Z II TOOTOOSZOTOT ll R� .OR D W D ho- / o ry Y - O V SO'T 7 £SOI0009ZOOT 'IV ZZ'T a - O ESOZ0009ZOOI o �U - 'IVES', a 0£ T0000STSOI 7} �_ Y 'Dtl 6L'Z ° 1001000STSOI 5 o= o J Z w U') ui ,Lr) a 00 W K LL v f 0 z a o F LU z z � Y Z Z K � ~ 3 LU TL C LL LL u OOOI005£bb0i p 'Y,y� P PppO �V IZ'I _ r C) OOOCTOS£bbOT � o g O I \ J o�wscswi 0008IOSEbbOI � o 0 '�V 0b 'Z = M OOOSOOSfbbOi 0 0 aace�oO�sceem J O '3V TL'0 0006TOSEbbOT 'Iy 60'1 1 p v f � 00090 £bbOT S 00 OOZOS£b60 CI = 'IV 00'Zo I f o ¢ a TOOEOOSZOIOT Q `--- 'IV 9T'T -� TOOZOOSZOTOT U u Ij w 1 'IV 00'Z II TOOTOOSZOTOT ll R� .OR D W D ho- / o ry Y - O V SO'T 7 £SOI0009ZOOT 'IV ZZ'T a - O ESOZ0009ZOOI o �U - 'IVES', a 0£ T0000STSOI 7} �_ Y 'Dtl 6L'Z ° 1001000STSOI 5 o= o J Z w U') ui ,Lr) a 00 W K LL v f 0 z a o F LU z z � Y Z Z K � ~ 3 LU TL C LL LL u 1 —I r�lVl ct - -! I �i n% �'.r/ �7 9 1 M j Vo _1 II i w d �6 I / 1 Ln w J Z Ln X W m° v W a Z a Q o Q � o a z � o � Y d z� Z � z Q rCO W � J 0 ~j �U_ U U x July 23, 2010 Russ Matthys, P.E. City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 -1810 Dear Mr Matthys, RECEIVED JUL i,, zul AGAN ENGINEERING DEPARTMENT' This letter is in response to the notice of Project 1033 - Cliff Road Water Main. I am a Property owner at 870 Lakewood Hills Rd. N., Eagan. I cannot attend the public hearing on the 29th, so I am writing this letter. I wish to remain in my home of 35 years, because I love the surrounding woods, ponds and wild life. My neighbors and I, have worked hard to maintain the natural beauty of our neighborhood "in the woods ". We have purposely left our road (Lakewood Hills Rd) unpaved and maintain it through our Homeowners Association. I do not want city water and strongly oppose being assessed for the Cliff Road Trunk Line. I have a working well with good tasting water. My neighbors and I fear Lakewood Hills road and surrounding trees will be disturbed by pipes bring water into our neighborhood. The cost to bring water from the truck line to my property will be an additional cost in the future. Lakewood Hills is part of the Eagan Core Greenway, an ecological asset of the city. The entire assessment area is heavily wooded with fifteen ponds. Over half the area is sparely populated with homes. Many of my neighbors will face a costly assessment due to the acreage of their property. I would hate to see those who can't afford the assessment, sell their property to developers who would ruin the wild beauty of the area. This is a very poor time, with the economy so weak, for the city to consider assessing residents at such a high cost per acre. I am retired and living on a fixed income. In the past two years, my home evaluation has declined. Last year, I lost employer subsidy for my supplemental health insurance and realized a drop in income from my retirement savings. During my retirement, I wish to remain in my home in the woods and enjoy the wild life, trees and ponds. I do not want, or need, city water and especially do not want to see our beautiful area disturbed with urban development that could result from bring water into our neighborhood. Please reconsider this proposal. Sincerely, Elizabeth (Bette) K. Undis t-05— Russ Matthys From: Russ Matthys Sent: Monday, July 26, 2010 5:19 PM To: 'Mark Peterson' Cc: Imark_peterson @me.com'; Mike Chappuis; 'Davison, Chad' Subject: RE: Opposed to Project 1033 Mark, The City Attorney did return my call while we were on the phone. I copied Mike to get him into the loop. As we discussed, and I believe John Gorder shared with Mike, the payment of a trunk assessment for the water main is an issue of fairness for all those currently on City water or previously assessed for the right to connect. The inclusion of the assessment proposal as part of the feasibility report is a result of the City's Assessment Policy. However, there may be an option for the City Council to forgo the assessments and collect the costs for the trunk assessment at the then "going" rate as part of a connection charge at the time a property would actually connect to the water main. If the City Council believes they can cover the costs for the improvements and don't need the value of the assessments to bond or borrow against, the Council could choose to collect the trunk assessment cost when a connection is made, regardless of the timing, including beyond 30 years from the completion of the project. I think this would address your concerns. I will include this discourse as a part of the minutes for the neighborhood meeting as we discussed. Please contact me with any additional questions. Russ Russ Matthys, P.E. I City Engineer ( City of Eagan City of Eagan 13830 Pilot Knob Road I Eagan, MN 55122 651- 675 -5646 1651-675-5694 (Fax) I rmatthys (a- )- cityofeagan.com THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND /OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. If you received this in error, please contact the sender and delete the e -mail and its attachments from all computers. - - - -- Original Message---- - From: Mark Peterson [ mailto :MPeterson @genoahealthcare.com] Sent: Friday, July 23, 2010 9:57 AM To: Mike Chappuis; Russ Matthys Subject: RE: Opposed to Project 1033 Russ, I also left you a voicemail. I understand that you are on vacation until Monday. I don't think I can make the meeting on Thursday, but would be happy to talk with or meet with you next week. As Mike points out, all three of the homes in our area are opposed to the project. Happy to listen to what value the city thinks it will bring to us, but when we were building our homes, the city wasn't interested in bringing in water, sewer or even maintenance of the road up to our homes. However, now that we've put all the money into our own water management, it seems the city would like us to pay for someone else's water. It obviously isn't a fair process and only adds expense to those of us that have already paid a significant amount of money to make up for the lack of city water at our homes. If the city will somehow gain revenue from the project, support the city paying for it. With everyone in the city sharing equally in the expense and revenue associated with it. However I don't support a handful of people paying for something that benefits the city as a whole or 010 1 just a handful of the residents. This looks to be a very unfair method of paying for a project that many of us don't want. I don't know your position on the matter, however, I do feel compelled to lobby the council members very hard against the project as a whole unless the recommended funding of the project is completely modified to not disadvantage such a small group of people. Thanks for considering my position on this matter Mark Mark Peterson 1027 Cliff Road Eagan MN 551213 612- 963 -9307 cell From: Mike Chappuis [mike.chappuis @visi.com] Sent: Thursday, July 22, 2010 7:07 PM To: rmatthys @cityofeagan.com Cc: Mark Peterson Subject: Opposed to Project 1033 Russ, I am following up on the voice mail I left you last night regarding the proposed project 1033. 1 am fully opposed to any such project and prepared to do what is necessary to block this unneeded and unnecessary effort. We have a well system which is perfectly functioning and see absolutely no value of this project to me or anyone in the area. I have already talked with neighbors who share this view and are prepared to block any such project. I will be out of the country during your meetings but some of my neighbors will represent my views. I am available should you have any questions and look forward to the city cancelling any plans for this unneeded water main project. Regards, Mike and Diane Chappuis 1035 Cliff Road 651 - 681 -1457 612 - 201 -8462 (cell) 2 10_7 Russ Matthys From: Mike Scott Sent: Thursday, July 29, 2010 1:03 PM To: ' Gmach, Matt' Cc: Tom Colbert; Wayne Schwanz; Pat Diloia; Russ Matthys; Jessica Gmach Subject: RE: Fire Hydrant Locations Attachments: image001.jpg Very surprised, we get calls a lot about fire hydrant locations from Insurance companies. wt"le Scott City of Eagan Fire Chief (651) 675 -5901- Office 3795 Pilot Knob Road Eagan, MN 55122 From: Gmach, Matt [mai[to:Matt.Gmach @goodrich.com] Sent: Thursday, July 29, 2010 1:02 PM To: Mike Scott Cc: Tom Colbert; Wayne Schwanz; Pat Diloia; Russ Matthys; Jessica Gmach Subject: RE: Fire Hydrant Locations Mike, Well, it was worth checking into, but unfortunately there does not appear to be any reduction or benefit to our homeowners policy as a result of the additional fire hydrant. Below is what my State Farm insurance agent had sent. Thanks for your note. Your State Farm Homeowner's policy is designed to protect your home for many types of losses, fire being just one of the many risks associated with homeownership. State Farm currently uses the 9 digit zip code for locating a property and it's fire classification. Currently, the fire code for Eagan is the same code regardless where the property is located within the city. The premium is calculated out for the entire city. I did not see any charges in my system for your home being 300m from the near fire hydrant at this time. Having a fire hydrant close by is a great thing as typically fire will double its size every 30 seconds. So a fast response to fighting the fire is vital in helping to minimize the damage resulting from a fire. Calculating out how much a premium would be after the fire hydrant is up and running is extremely difficult being that before a insurance premium rate can be changed, the new premium must first be approved by the State of Minnesota's Department of Commerce. Thanks, Matt From: Gmach, Matt Sent: Thursday, July 29, 2010 12:24 PM To: 'Mike Scott' Cc: Tom Colbert; Wayne Schwanz; Pat DiIoia; Russ Matthys Subject: RE: Fire Hydrant Locations Thanks Mike, I had the same thought this morning and contacted my insurance company to see if there was any benefit. Hopefully I will hear a reponse from them before neighborhood meeting tonight. Matt From: Mike Scott [mailto:MScott@cityofeagan.com] Sent: Thursday, July 29, 2010 12:09 PM To: Gmach, Matt Cc: Tom Colbert; Wayne Schwanz; Pat DiIoia; Russ Matthys Subject: Re: Fire Hydrant Locations Matt- you should check with your insurance company, you may get a reduced rate if the hydrant is closer This message was sent from a Blackberry device by an employee from the City of Eagan. THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND /OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. If you received this in error, please contact the sender and delete the e -mail and its attachments from all computers. From: Mike Scott To: 'Matt.Gmach @good rich. com' <Matt. Gmach @good rich. com> Cc: Tom Colbert; Wayne Schwanz; Pat DiIoia; Russ Matthys Sent: Thu Jul 29 12:07:08 2010 Subject: Re: Fire Hydrant Locations All of our engines pump 1500 gallons, pretty common. The max we'd want to relay would be 1,000- 1,400 feet. Keep in mind that would require 3 -4 fire engines and the roadway would be completely closed off. This would have a delayed water response and fire doubles in size every minute. Fire hydrants throughout your neighborhood would provide the best response from fire. This message was sent from a Blackberry device by an employee from the City of Eagan. THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND /OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. If you received this in error, please contact the sender and delete the e -mail and its attachments from all computers. From: Gmach, Matt <Matt. Gmach @goodrich.com> To: Mike Scott Cc: Tom Colbert; Wayne Schwanz Sent: Thu Jul 29 11:39:12 2010 Subject: RE: Fire Hydrant Locations Mike - Thank you for that information. We are greatly appreciative of the services that you, and the other members of the fire department, provide to the community. 1500 gallons per minute is pretty incredible to think about. Is that one truck that pumps that much water? About how far are you able to connect to fire hydrants with a relay pump, thus not needing to set up a water shuttle? Wayne - Would you please provide a map of the fire hydrants? Would you also please provide the locations for the fire hydrants which would be added due to the extension of the water trunk line along Cliff Road, Project 1033. Thank you, �q2 Matt Gmach Design Engineer Goodrich Sensors and Integrated Systems 1256 Trapp Road, Eagan, PAN 55121, USA Tel: 651 - 681 -8897 matt.gmach(a)goodrich.com GOODRICH CONFIDENTIALITY NOTICE: This e -mail transmission (and /or the attachments accompanying it) may contain proprietary and /or confidential information which may be privileged or otherwise protected from disclosure. The information is only for the use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal under the law. If you have received this transmission in error, please promptly notify the sender by reply e -mail, and then destroy the original transmission, and all copies of the transmission including attachments. APlease consider your environmental responsibilities before printing this e -mail. From: Mike Scott [mailto:MScott@cityofeagan,com] Sent: Thursday, July 29, 2010 9:54 AM To: Gmach, Matt Cc: pdiloia @cityofeagan.com; Tom Colbert; Wayne Schwanz Subject: RE: Fire Hydrant Locations Matt, Thanks for the question. Hydrants are the responsibility of the water department. They could help you if you have further questions after my response. I have included Wayne Schwanz in this email. Wayne oversees the Water Department. He could help you with maps if you need them. Your question is very timely. Currently the closest hydrant to your neighborhood is located at the intersection of Oak pond Road and Cliff Road. Your neighborhood is the last large neighborhood without hydrants. We do have a water tanker truck that carries 2,500 gallons of water to respond to areas without hydrants and freeways. Just to give you a feel for how important a good water supply is, our trucks pump 1500 gallons per minute. The tanker truck could be emptied in a matter of less than two minutes. If we or our neighbor cities have a fire in a area without hydrants such as yours, we call for additional water tankers from other cities. There is a time delay in that response for drive time from those cities to our area. Once the trucks are here they dump their water in a portable tank that is set up on the roadway and drive to the nearest hydrant to refill. This is called a water shuttle. Usually each truck uses a different fire hydrant due to different fill methods. So in an example of a house fire, we would probably want 4 -6 water tankers in an attempt to have an uninterrupted water flow, which would use 4 -6 fire hydrants for filling trucks. We had a fire in your neighborhood a few years ago. The other challenging thing for Lakewood Hills is the width of the road and the tree over growth. This greatly reduces the ability to shuttle water in and out due to the inability to drive multiple large trucks down the roadway, empty there water into the tank, and drive out without blocking incoming trucks and to still allow for pumper trucks to be on the roadway pumping water. The city is planning to make the fire hydrants in your area a loop system by connecting the hydrants coming from the east and west on cliff Road. We have requested that with this project that we install a fire hydrant as far in on Lakewood Hills Drive as possible. By doing this we may be able to change the fire fighting water flow from a water shuttle to a relay pump operation. The difference is we wouldn't need to haul water in with water tanker trucks. We would be able to hook our pumper trucks to the hydrant and stretch Our water supply hose from the first pumper at the hydrant into additional pumpers staged on the roadway. This is still a much slower process, there is a delay to our fire attack and it will never be as good as having fire hydrants in your neighborhood. This will still be very challenging with the width of the road and the trees that are hanging over the roadways. b would be happy to discuss any of this information with you or your neighbors. I would also welcome the opportunity to meet you on site and talk about the road challenges. W&& Scutt City of Eagan Fire Chief (651) 675 -5901- Office 3795 Pilot Knob Road Eagan, MN 55122 City Of Eapfl From: Gmach, Matt [mailto:Matt.Gmach @goodrich.com] Sent: Thursday, July 29, 2010 9:24 AM To: Mike Scott Cc: pdiloia @cityofeagan.com Subject: Fire Hydrant Locations Mr. Scott, I recently purchased a house at 904 Lakewood Hills Rd, Eagan. Could you please provide me a map of the fire hydrants that are in this region? Is the city of Eagan's Fire Department properly equipped to provide service within this neighborhood? Your response to the above questions is kindly requested. Thank You, Matt Gmach Design Engineer Goodrich Sensors and Integrated Systems 1256 Trapp Road, Eagan, MN 55121, USA Tel: 651- 681 -8897 matt.gmach(cDgoodrich.corn GOODRICH CONFIDENTIALITY NOTICE: This e -mail transmission (and /or the attachments accompanying it) may contain proprietary and /or confidential information which may be privileged or otherwise protected from disclosure. The information is only for the use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal under the law. If you have received this transmission in error, please promptly notify the sender by reply e -mail, and then destroy the original transmission, and all copies of the transmission including attachments. APlease consider your environmental responsibilities before printing this e -mail. Russ Matthys From: Russ Matthys Sent: Thursday, July 29, 2010 5:02 PM To: 'Gmach, Matt' Cc: John Gorder Subject: RE: 904 Lakewood Hills Road, Eagan, MN 55123 Attachments: 20100729_160150.pdf; 20100729_160622.pdf; 20100729_163555.pdf; image001.gif Mr. Gmach, As you should have been automatically notified, John is out of the office this afternoon. I will try to address your questions here as well as be prepared to do so at the neighborhood meeting this evening, which I hope you plan to attend. The "rate then in effect" relates to the City's Fee Schedule rate for Trunk Charge: Water Main Over -Size at the time which the property would be connected. The Fee Schedule is reviewed annually and updated accordingly. The third attachment is a copy from the 2010 Fee Schedule. I was already gathering infonnation from the assessment reports for similar projects when I saw your request. I've attached information from three previous projects. If you would like additional infonnation, please let me know and I will have staff gather the infonnation. It is likely that the information would not be available until next week. I hope you find this infonnation helpfiil. I'll look forward to seeing you this evening. Russ Matthys, P.E. I City Engineer I City of Eagan City of Eagan 13830 Pilot Knob Road 1 Eagan, MN 55122 1651-675-5646 1651-675- 5694 (Fax) 1 rmatthys(abcityofeagan.com My (1f gWIR THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND /OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. If you received this in error, please contact the sender and delete the e -mail and its attachments from all computers. From: Gmach, Matt [mailto:Matt.Gmach @goodrich.com] Sent: Thursday, July 29, 2010 2:52 PM To: John Gorder Cc: Russ Matthys Subject: RE: 904 Lakewood Hills Road, Eagan, MN 55123 John, If our properties were to hook up at a later date, what is meant by the "rate then in effect "? I see that the city is asking property owners to pay for 43% of the estimated total project cost. Would this still be the case if our properties were to hook up at a later date. Can you please provide the reports for the five most recent special assessments that were levied on properties as a result of installing a water trunk line? Also, if you could, please provide a price for the water trunk line in each instance in your email response (i.e. $ /acre, or other means for assessing and collecting the tax). Thanks again, Matt I 1 a From: John Gorder [ mailto:JGorder @cityofeagan.com] Sent: Thursday, July 29, 2010 11:45 AM To: Gmach, Matt Cc: Russ Matthys Subject: RE: 904 Lakewood Hills Road, Eagan, MN 55123 Mr. Gmach, Thank you for your all your valid and appropriate questions on this project. They will help staff prepare for tonight's neighborhood meeting. A similar project to this one was completed on Dodd Road, south of Cliff Road, in 2002, where water main was extended past a developed piece of property (Moroni Addition). Under that project, the City Council directed staff to collect the trunk water main at the time of connection to the system, at the rate then in effect. As mentioned previously, this option is also available to the City Council under Project 1033, at their discretion. The benefit/ trunk assessment rate is calculated based on the estimated costs to complete the entire City trunk water main system, spread over the entire developable area within the City. The assessment is proposed to the Lakewood Hills neighborhood at this time in accordance with City policy, which states that all properties within % mile of a trunk water main improvement shall be assessed for the improvement. Again, the City Council has options in regard to timing of the collection of the assessment. Thanks again for your questions and the opportunity to respond. I encourage you to attend the neighborhood meeting tonight where City Engineer Russ Matthys can address all these concerns with you and the neighborhood. John Gorder, P.E. Assistant City Enginee~ City of Eagan Phone: 651-675-5645 Fax: 651 - 675 -5694 jgorder@cityofeagan.com From: Gmach, Matt [mailto:Matt.Gmach @goodrich.com] Sent: Thursday, July 29, 2010 11:15 AM To: John Gorder Cc: Russ Matthys Subject: RE: 904 Lakewood Hills Road, Eagan, MN 55123 Mr. Gorder, I am greatly appreciative of the information that you have provided thus far. However, as this is a significant financial burden to my wife and I, and the other residents within the limits of this special assessment, I am requesting the following additional information. 1) Is there precedence in the city of Eagan for a similar special assessement to already developed property when laterals are not part of the same project? If so, could you please provide the report of the special assessment, including the final cost to the property owners of the developed properties, to complete such a project? Also, if such an improvement was made, was it completed at the request of property owners or was it otherwise completed due to deficincies with systems within the limits of the assessment? 2) Please provide the report and method for calculating the increased market value, due to the special benefits, that the properties within the assessment would receive from Project 1033. Best Regards, 2 �3 Matt Gmach Design Engineer Goodrich Sensors and Integrated Systems 1256 Trapp Road, Eagan, MN 55121, USA Tel: 651 -681 -8897 matt.gmacht7a goodrich.com GOODRICH CONFIDENTIALITY NOTICE: This e -mail transmission (and /or the attachments accompanying it) may contain proprietary and /or confidential information which may be privileged or otherwise protected from disclosure. The information is only for the use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal under the law. If you have received this transmission in error, please promptly notify the sender by reply e -mail, and then destroy the original transmission, and all copies of the transmission including attachments. APlease consider your environmental responsibilities before printing this e -mail. From: John Gorder [ mailto:JGorder @cityofeagan.com] Sent: Thursday, July 29, 2010 8:19 AM To: Gmach, Matt Cc: Russ Matthys Subject: RE: 904 Lakewood Hills Road, Eagan, MN 55123 Mr. Gmach, Project 1033 benefits the entire City water distribution system, especially that portion in SE Eagan already connected to the system and which have paid their trunk water main assessment. This project will improve water service reliability and flow to that area. The benefit to the properties in the Lakewood Hills neighborhood is the in the improved availability of City water service, and improved fire fighting capabilities with the installation of hydrants with the project. Thanks for your email. Please contact me with any further questions. John Gorder, P.E. Assistant City Engineer City of Eagan Phone: 651 - 675 -5645 Fax: 651 - 675 -5694 jgorder@cityofeagan.com From: Gmach, Matt [ mailto:Matt.Gmach @goodrich.com] Sent: Wednesday, July 28, 2010 3:55 PM To: John Gorder Cc: Russ Matthys Subject: RE: 904 Lakewood Hills Road, Eagan, MN 55123 Mr. Gorder, Thank you for your response below. I am failing to see what benefit the properties within the proposed assessement limits will gain from project 1033. Would you please explain what direct and unique benefit the properties on Lakewoods Hills road would gain from extending the main trunk water line along Cliff Road? Please note that the properties within the proposed assessment limits will not be connecting to the city's water system and do not have any issues with their existing water supplies or sewer systems. As you stated previously, connection to ^'] 3 L y- the city's water system would only be completed at the request of the neighborhood via petition. Can you please provide the reason for running the extension of the main trunk line? Will the addition of this trunk line benefit other properties, outside of the special assessement limits, which are currently connected to the city water system? Your response to the above questions is kindly requested. Thank you, Matt Gmach From: John Gorder [ mailto:]Gorder @cityofeagan.com] Sent: Tuesday, July 27, 2010 8:49 AM To: Gmach, Matt Cc: Russ Matthys Subject: RE: 904 Lakewood Hills Road, Eagan, MN 55123 Mr. Gmach, Thank you for your email and your interest in the project. In regards to the project notice, the mailings are based on the most current property owner information from Dakota County. Unfortunately, there is a significant lag in updating recent sale information, of which the City has no control, so the notice was likely rnail- forwarded to the previous owners of 904 Lakewood Hills Road. We apologize for this confusion. The payment of a trunk assessment for the water main is an issue of fairness for all those currently on City water or previously assessed for the right to connect. The inclusion of the assessment proposal for adjacent properties, including Lakewood Hills, as part of the feasibility report is a result of the City's Assessment Policy. The City Council has a few options to address the proposed assessments to adjacent benefiting properties, including: s Levying the trunk assessments as currently proposed in the feasibility report. Deferring the trunk assessments, by agreement with each property owner, with interest, until time of connection to the water system. • Forgo the assessments and collect the costs for the trunk assessment at the then "going" rate as part of a connection charge at the time a property would actually connect to the water main. If the City Council believes they can cover the costs for the improvements and don't need the value of the assessments to bond or borrow against, the Council could choose to collect the trunk assessment cost when a connection is made, regardless of the timing, including beyond 30 years from the completion of the project. The public hearing on Monday, August 2, is for the City Council to determine the worthiness of the project, and to lay out possibilities for financing of the project. Thanks again for your email. I hope this information is helpful to you. Please feel free to contact me with any further questions you may have. John Gorder, P.E. Assistant City Engineer- City of Eagan Phone: 651-675-5645 Fax: 651 - 675 -5694 jgorder@cityofeagan.com From: Gmach, Matt [ mailto:Matt.Gmach @goodrich.com] Sent: Monday, July 26, 2010 5:09 PM To: John Gorder; Russ Matthys Subject: RE: 904 Lakewood Hills Road, Eagan, MN 55123 John, A copy of the attached special assessment was given to us by a neighbor this past weekend. Unfortunately, a copy was not sent to our address. Can you please explain why? Can you also please explain why a special assessment is being proposed for our neighborhood? The attached document does not provide justification and it seems strange that this is being proposed without an identified need in the community. Based on your email below, the properties on Lakewood Hills Road would not benefit from the trunk water main which would run along Cliff Road, "lateral extension of water main into the neighborhood v.!ould only be considered at the request of the neighborhood via petition ". Your response to the above questions is kindly requested. Thank You, Matt Gmach From: John Gorder [ mailto:JGorder @cityofeagan.com] Sent: Wednesday, January 27, 2010 7:34 AM To: Gmach, Matt Subject: FW: 904 Lakewood Hills Road, Eagan, MN 55123 Mr. Gmach, Thanks for using the City's email system. Your email has been forwarded to me for response to your questions. Please see responses highlighted below. Please feel free to contact me with any further questions you may have. John Gorder, P.E. Assistant City Engineer City of Eagan Phone: 651 -675 -5645 Fax: 651- 675 -5694 jgorder@cityofeagan.com From: Gmach, Matt [ mailto:Matt.Gmach @goodrich.com] Sent: Tuesday, January 26, 2010 12:46 PM To: Engineering Email Subject: 904 Lakewood Hills Road, Eagan, MN 55123 Hello, I am looking at purchasing the property at 904 Lakewood Hills Road. There are two items that I would like information on from the city before completing the purchase. Private Road I have been told that Lakewood Hills is a private road. Are there plans to convert this road to a public road in the future? Have there been petitions made by any of the home owners on this road to this effect? 5 Septic and Well The property has a septic system (tank and drain field) and a well. Are there plans to bring sewer and water to this neighborhood? IrPt_ J. -"m�,,it_ Cliff Ro:_id EIdla er',t to L_.'�,e,vood' 1-L1 's are pla ln?d for 2010 (jr r., _ a wan ir; •) t`'_ nel "V15o"h )od 'y _e t` e request of thy: [)<iil', I,.'ll`thil'i iil. r,:�;:! D ;<I!/ uJ 8) <t.n1 il'l,lnti :r,l_lri S..,.E:: to `r1;, rtila.'!' a F iition fro' lI ,�Ie n'!�i'11 ,o :-oou ail , tri:,��r e tensio -i ,,,f s,initary s . er. Have there been petitions made by other homeowners in the neighborhood to do so? No petitions triv� been received in this regard. Are there any changes, or planned changes, to city ordinances which might result in unexpected costs? I am not 07 a j' to CI e City code t, ?af w.wind resin' In une ^e ct d cost-, to a resldenf a l prOp.-rty. The Cit j code Is avalla'l)le fo- `. erinci at: http: / /Iibraryl.municode.com /default- test /home.htm ?infobase= 13070 &doc action= whatsnew Thank you, Matt Gmach Design Engineer Goodrich Sensors and Integrated Systems 1256 Trapp Road, Eagan, MN 55121, USA Tel: 651 - 681 -8897 matt. gm ach(d),good rich.com GOODRICH CONFIDENTIALITY NOTICE: This e -mail transmission (and /or the attachments accompanying it) may contain proprietary and /or confidential information which may be privileged or otherwise protected from disclosure. The information is only for the use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal under the law. If you have received this transmission in error, please promptly notify the sender by reply e -mail, and then destroy the original transmission, and all copies of the transmission including attachments. APlease consider your environmental responsibilities before printing this e -mail. 7 AGENDA NEIGHBORHOOD MEETING CLIFF ROAD PROPOSED TRUNK WATER MAIN IMPROVEMENTS PROJECT 1033 THURSDAY, JULY 29, 2010 6:30 P.M. EAGAN ROOM CITY HALL Welcome & Introductions Water Supply & Distribution Plan - WHY? Public Improvement Process - HOW? Feasibility Report Presentation - WHO, WHAT, WHERE & WHEN? Scope of Proposed Project Proposed Improvements Preliminary Cost Estimates Proposed Special Assessments Proposed Revenue Sources Preliminary Project Schedule Questions /Comments Conclusion II? 411p� City of Eagan NAME 2. 3. NEIGHBORHOOD MEETING Project 1033, Contract 10-09 Cliff Road Trunk Water Main Installation Thursday, July 29, 2010, 6:30 p.m. 4. ILIOCt?e'r 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. GTORMS/SIGN-KSHT -19 ADDRESS CITY PROJECT NO 1033 INFORMATIONAL NEIGHBORHOOD MEETING CLIFF ROAD TRUNK WATER MAIN IMPROVEMENTS THURSDAY, JULY 29, 2010 6:30 P.M. EAGAN ROOM Attendance: Russ Matthys, City Engineer; Wayne Schwanz, Utility Superintendent; Chad Davison, Consultant (Bonestroo). 11 persons representing 9 properties (sign -in sheet attached). A. Welcome and Introduction Engineer Matthys welcomed the property representatives and introduced Superintendent Schwanz and Consultant Davison. Matthys explained the Water Supply & Distribution Plan and Public Improvement Process that would be followed with a typical project. B. Presentation of Project Details Matthys provided a project presentation, including details such as construction, costs, schedule and assessments. C. Questions /Comments 1. The existing drinking water system seems to function, so why do we need the proposed water main installed? The trunk water main along Cliff Road is needed for operational efficiencies regarding water system storage capacities that would provide adequate fire protection and higher pressure during peak water usage demand. 2. Many of us have invested a large amount of money in our private well and septic systems. We don't need this water pipe and don't want public water. 3. Watering lawns is a large reason for the peak demand issue. We do not even water our lawns. 4. Is it efficient to install trunk sanitary sewer at the same time? A trunk sanitary sewer would not necessarily follow the same alignment as the trunk water line. The sanitary sewer would typically be a gravity flow, while water is in a pressurized pipe. Sanitary sewer would likely not be proposed in this same location. Sanitary would be reviewed upon request as development is needed. 5. We needed time to meet with the neighborhood association, isn't there a way to provide more notice? We apologize for the limited time provided prior to the public hearing. We have met the legal requirements for notice, but appreciate that it may not be as long as preferred. The final assessment hearing will be held upon completion of the project, tentatively July, 2011. The actual financial impact from assessments may not occur until the cost would be added to the tax roll in May, 2012. 6. We are under economic hard times, why is City proposing this at this time? The improvement is scheduled for 2010 in the City's 5 -year Capital Improvement Program (CIP) as a result of the recommendations from the Water Supply and Distribution Plan (2008). It is appropriate in that it will address a current peak demand service and fire protection need. The timing may also prove beneficial from a bidding perspective as the City has been receiving very favorable bids this year. 7. Do developers own any of the properties along the project? I am not aware of any owners that are developers. (No one in attendance indicated they were a developer.) i N 8. What can we do by showing up at the Public Hearing? The Council will be considering the benefit of the project to the City as a whole, as well as the impact to the local residents. They are interested in knowing the perspective of the impacted property owners. 9. Do you believe the Council understands the income and cost of homes of these residents? We are very modest people. We would like them to visit our neighborhood to see what it is like. Some of the Council members are familiar with the neighborhood. The Council will be given the minutes from this meeting including the invitation to visit the neighborhood (Lakewood Hills). 10. Why did the total of the assessments go up? The ponding easement credit only applies to the assessments of properties with dedicated easements to the City. Upon review, it was recognized that most of the ponds and lakes within this area are not within easements, so many credits were removed and the total estimated assessable amount increased. It may prove beneficial for property owners to review their easement status and work with City staff to provide an easement for existing ponds or lakes prior to the approval of a final assessment roll. The meeting adjourned at 8:00 p.m. M- Agenda Information Memo August 2, 2010 Eagan City Council Meeting OLD BUSINESS A. ORDINANCE AMENDMENT - CHAPTER 6, OTHER BUSINESS REGULATION AND LICENSING, SECTION 6.35, GAMBLING ACTION TO BE CONSIDERED: • To approve an ordinance amendment to Chapter 6, Other Business Regulation and Licensing, Section 6.35 Gambling. FACTS: • At the July 6, 2010 Regular City Council Meeting the City Attorney's Office was authorized to prepare an ordinance amendment to Chapter 6 of the City Code regarding the regulation and licensing of gambling. • The State Legislature changed the law to allow either the City or the County to take action to authorize lawful gambling which then allows the State Gambling Board to issue a premises permit. Previously, having the County authorize the lawful gambling was not an option. The City Attorney's Office is also recommending that an additional section, "Applicability" be added to the City's Gambling Ordinance to incorporate State Law providing for exceptions to lawful gambling regulations as it relates to bingo conducted within a nursing home or a senior citizen housing project or by a senior citizen organization under certain limitations. The limitations are in regard to prize amounts, frequency of bingo occasions, participants, etc. These changes have been incorporated into the proposed ordinance amendment as attached. ATTACHMENTS: Enclosed on pages through -S is a copy of the proposed ordinance amendment. 0 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY AMENDING SECTION 6.35 REGARDING GAMBLING; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Six is hereby amended by changing 6.35 to read as follows: Sec. 6.35. Gambling. Subd. 1. Purpose. The purpose of this section is toTo ensure that charitable gambling in the city is conducted by organizations licensed or exempt from licensing under Minnesota Statutes and that the proceeds from such gambling are used primarily for the betterment of the residents and businesses of the community. These restrictions shall be no less restrictive than Minnesota Statutes or regulations and shall apply to all forms of lawful gambling. Subd. 2. Applicability. This section shall regulate all forms of lawful eamblinv within the city except bingo conducted within a nursing home or a senior citizen housing project or by senior citizen organization and the following limits are followed: 1. The prizes for a single bingo game do not exceed $10.00; 2. Total prizes awarded at a single bingo occasion do not exceed $200.00; 3. No more than two bingo occasions are held by the organization or at the facility each week; 4. Only members of the organization or residents of the nursing home or housing project are allowed to play in a bingo game; 5. No compensation is paid for any persons who conduct the bingo; and 6. A manager is appointed to supervise the bingo. Subd. 23. Approval required. Unless excepted from regulation by this section, it is unlawful for any organization to conduct lawful gambling in the city without approval from the city council or Dakota County in the form of a premises permit. Subd. -34. Applications. A. Applications to conduct lawful gambling shall be considered and approved by the council at regular meetings. RNA B. Only applications submitted by eligible organizations will be considered for approval by the council. C. An application organization shall provide adequate proof that it has at least 15 active members and that at least 15 of its members are either employed or live within the city or that it is a nationally known organization as determined by the city. D. An applicant for a premises permit appfeval shall be subject to a criminal background investigation which shall include investigation of the organization and the gambling manager. E. No application for a premises permit appfoval by city eatmeil will be considered or approved by the city council until the investigation fee is paid in full. The investigation fee under this section shall be in an amount set forth by city council resolution. Subd. 45. Regulations and restrictions. A. In addition to regulations imposed by the state, all information and reports required to be submitted to the state shall also be submitted to the city, both with the application and on an annual basis. Failure to comply with this reporting requirement shall result in suspension of the premises permit. The city council may revoke the premises permit where the organization has failed to meet the reporting requirements on more than one occasion. B. Lawful gambling may be conducted only in on -sale liquor licensed establishments in the city, which are either owned or leased by the eligible organization. C. Eligible organizations may, however, be granted temporary approval for lawful gambling in premises other than on -sale liquor licensed establishments for no more than four consecutive days. Subd. -56. Distribution of' proceeds. Every organization conducting lawful gambling within the City of Eagan shall expend 60 percent of its expenditures derived from lawful gambling on lawful purposes conducted or located within the City of Eagan or the City of Eagan's trade area. The City of Eagan's trade area is defined as the cities of Apple Valley, Bloomington, Burnsville, Inver Grove Heights, Mendota Heights, Rosemount and Sunfish Lake. Annually, every organization must file with the city, on a form provided by the city, a report signed by an independent certified public accountant, documenting compliance with this section. In addition, every organization must submit a report to the city each January listing all lawful purpose expenditures from January 1 to December 31 of the preceding year. The report shall identify the name of the entity to whom the check was written, the city location of the recipient, and the amount of the donation. m• Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: Maria Petersen Its: City Clerk Date Ordinance Adopted: CITY OF EAGAN City Council By: Mike Maguire Its: Mayor Date Ordinance Published in the Legal Newspaper: a Agenda Information Memo August 2, 2010 Eagan City Council Meeting B. ORDINANCE AMENDMENT — CITY OF EAGAN ACTION TO BE CONSIDERED: Approve Ordinance Amendment to Chapter 11, Section 11.40 specifically as it relates to the placement of outdoor wood boilers. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: Outdoor Wood Boilers have a propensity to generate large amounts of smoke due to the designed method of combustion. While more typical in rural areas where dwelling units are spaced greater distances from one another, there has been growing interest for this alternative energy source in the metro area. ➢ Mechanical and plumbing codes provide standards for the installation of these units; however, the City Code contains no regulations. ➢ Staff brought the issue of this alternative energy source to the City Council's attention in May of this year and on June 1, 2010, the Council directed staff to prepare an ordinance amendment to regulate the use of same. ➢ Significant research was completed with other municipalities and the State Building Official and staff also worked with the City Attorney's office in regard to preparing this amendment. ➢ The proposed ordinance defines outdoor wood boilers and sets a minimum unit setback requirement of 300' from any property line. ➢ The APC held a Public Hearing on July 27, 2010 and is recommending approval. ATTACHMENTS: (3) Draft July 27, 2010 APC minutes on pagz Staff report on pages 9 through 1C Draft Ordinance on pages q_ through W E. Ordinance Amendment — Outdoor Wood Boilers Applicant Name:City of Eagan Application: Ordinance Amendment An Ordinance Amendment to Chapter 11 to establish regulations for the placement of outdoor wood boilers. File Number: 01- OR- 04 -06 -10 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated July 16, 2010. He noted the background and history. There was discussion on clean fuels and types of fuels used in wood -fired boilers. 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 Filipi seconded a motion to recommend approval of an Ordinance Amendment to Chapter 11, Sect. 11.40, by adding Subd 10 that relates to the placement of Outdoor Wood Boilers (OWB). All voted in favor. Motion carried 7 -0. V. VISITORS TO BE HEARD (FOR THOSE NOT ON AGENDA) There were no visitors to be heard for items not on the agenda. VI. OTHER BUSINESS City Planner Ridley stated a workshop will be held on Thursday, August 12, 2010. VII. ADJOURNMENT Member Heaney moved, Member Piper seconded a motion to adjourn the Advisory Planning Commission meeting at 7:21 p.m. A vote was taken. All voted in favor. Motion carried 7 -0. Respectfully Submitted by: • PLANNING REPORT CITY OF EAGAN REPORT DATE: July 16, 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- 04 -06 -10 HEARING DATE: July 27, 2010 PREPARED BY: Michael J. Ridley, AICP The City of Eagan is requesting approval of an Ordinance Amendment to Chapter 11, Section 11.40, by adding Subd. 10, relating to the placement of Outdoor Wood Boilers (OWB). AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 5 states, in part: 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 following information is from the State of Washington's Department of Ecology: "OWBs are wood -fired water heaters that are located outdoors or are separated from the space being heated. The fires in the large fire boxes heat water that is circulated into the home through underground pipes. The energy may be used to heat houses, shops, domestic hot water, greenhouses, swimming pools and spas. Indoor installed boilers are a variation of an OWB. They are in the same legal category as OWBs, and subject to the same regulations. Most OWBs employ very primitive combustion technology. When the water circulating through the furnace reaches an upper set point (usually around 180 °F) the air supply to the fire is cut -off, cooling the fire so the water will not overheat. The furnace operates in this "idle" mode until the water temperature hits a lower set point and the air supply is re- established. Under some conditions, the OWB may be in idle mode far longer than in operating mode. This type of Planning Report — Ordinance Amendment July 27, 2010 Page 2 operating causes very poor combustion and heavy foul smoke. Most of the smoke emitted is fine condensed organic material that does not burn under cool, oxygen starved conditions. Burning wood with too much water content (20% moisture or less is required by state law) can also cause poor combustion. Wood from the outdoor winter wood pile may be very cold when loaded into the OWB causing an even colder fire." Staff brought the issue of this alternative energy source to the City Council's attention in May of this year and on June 1, 2010, the Council directed staff to prepare an ordinance amendment to regulate the use of same. EXISTING CONDITIONS OWBs are predominantly located in rural areas; however, the desire for use has gained traction in the metro area. The plumbing code provides standards under which the units can be installed and safely operated; however, the City Code does not regulate the placement of OWBs. The challenge with this alternative energy source in an urban/suburban area is the potential nuisance to neighboring properties created by the significant smoke production. A number of neighboring cities have adopted amendments to address this situation and, most recently, the city of Inver Grove Heights enacted a moratorium to allow time to consider a code amendment. Due to the smoke generation, some cities have chosen to classify OWBs as a nuisance. The consequence of the nuisance label is a ban. EVALUATION OF REQUEST City staff is aware of at least one OWB operating in the city. While there have been no complaints associated with this unit, staff is suggesting the City be proactive in considering appropriate regulations in advance of the next heating season. M410 Planning Report — Ordinance Amendment July 27, 2010 Page 3 The City Attorney was consulted as part of staff's review of available information. The City Attorney was of the opinion that an outright ban on the use of OWBs would not be prudent. As such, the proposed ordinance incorporates setback regulations that essentially limit the use of OWBs to properties with considerable acreage and homes that are isolated. Staff believes that under this type of scenario, the smoke generated would have an opportunity to dissipate in a manner similar to the typical rural applications found in greater Minnesota. SUMMARY /CONCLUSION Outdoor Wood Boilers have a propensity to generate large amounts of smoke due to the designed method of combustion. While more typical in rural areas where dwelling units are spaced greater distances from one another, there has been growing interest for this alternative energy source in the metro area. The proposed ordinance amendment establishes minimum setbacks from property lines for the purpose of minimizing off -site impacts to surrounding properties. ACTION TO BE CONSIDERED To recommend approval of an Ordinance Amendment to Chapter 11, Sect. 11.40, by adding Subd 10 that relates to the placement of Outdoor Wood Boilers (OWB). r, 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 11.40, GENERAL PROVISIONS, REGARDING OUTDOOR WOOD BOILERS; 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 adding Section 11.40, Subd. 10, to read as follows: See. 11.40, Subd. 10, Outdoor wood boiler systems. Subd 1. Purpose. This section is intended to ensure that outdoor wood boilers are utilized in a manner that does not create a public nuisance and is not detrimental to the health, safety and general welfare of the residents of the City. U- R IV: Subd, 2. Definitions. For the purposes of this section, the following definitions shall A) Clean fuel. Natural dry wood (which has not been painted, varnished or coated with a similar material, has not been pressure- treated with preservatives and does not contain artificial resins or glues as in plywood or other composite wood products), corn, wood pellets, other fuel pellets and other solid fuels approved by the Environmental Protection Agency. (B) Outdoor wood boiler. An appliance installed out -of -doors and designed to transfer or provide heat, via liquid or other means, through the burning of clean fuel for heating_ purposes. Also known as outdoor hydronic heaters. Outdoor wood boiler does not include a fire pit or wood -fired barbeque. (C) Public nuisance. An outdoor wood boiler operated or maintained in a marine-,- which creates any dense smoke, noxious fumes or noxious gas, or releases soot or cinders in unreasonable quantities. Subd. 3. Regulations and requirements. A wood boiler shall be allowed as a use in all zoning districts, subject to the following provisions: q1 J (A) A building permit must be obtained to assure that all outdoor wood boilers meet all Minnesota State Building and Fire Codes, and manufacturer's specifications for installation, and must include: (1) A site plan or survey, illustrating_ the dimensions of the property, including location of buildings and the wood boiler relative to the lot lines. (2) Manufacturer's specifications for installation. (3 )Applicable building permit fee B_ An outdoor wood boiler shall be located at least 300 feet from all property imos. (C) An outdoor wood boiler shall not be operated or maintained in a manner which creates a public nuisance. (D) An outdoor wood boiler shall burn clean fuel only. (E) Outdoor storage of clean fuel shall be in compliance with City Code requirements. (F) All requirements for installation and maintenance of the outdoor wood boilers shall be met including but not limited to local, state and federal regulations and manufacturer's specifications. Subd. 4. Existing outdoor wood boiler systems. Outdoor wood boilers installed prior to the adoption of this section shall be operated in compliance with the requirements of this section except that the distance requirement of (B) above shall not apply. 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: By: Maria Lynn Petersen Its: City Clerk 2 3 CITY OF EAGAN City Council By: Mike Maguire Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: t` Agenda Information Memo August 2, 2010 Eagan City Council Meeting NEW BUISNESS A. PRELIMINARY & FINAL SUBDIVISION — CITY OF EAGAN ACTION TO BE CONSIDERED: To approve a Preliminary Subdivision (Eagan Central Park 2nd Addition) to create two parcels on 56.6 acres located at 1501 Central parkway, in the SE '/4 of Section 9. To approve a Final Subdivision (Eagan Central Park 2nd Addition) to create two parcels on 56.6 acres located at 1501 Central parkway, in the SE '/4 of Section 9. REQUIRED VOTES FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The subdivision will create a new — 0.1 acre site to accommodate the new Eagan Service Memorial. ➢ The memorial will include a monument dedicated to police, fire and military personnel. In addition to the monument, other improvements will include landscape beds, benches, carved memorial stones, flagpoles and three life -sized bronze statutes, one representing each of the service areas. ➢ The Advisory Planning Commission held the Public Hearing on July 27, 2010 and is recommending approval of the subdivision. ATTACHMENTS (3): Location Map on page Draft APC Minutes on age Staff report on pages through 61 V Location Map Project Name: Eagan Central Park 2nd Addition Request: Preliminary Subdivision Case Nos.: 09- ps- 04 -06 -10 4110-City of Eap Ls-, 9 I I I Feet 500 1.000 2,000 Legend City Boundary Parcels \ Parks Buildings N D. Eagan Central Park 2nd Addition Applicant Name:City of Eagan Location: 1501 Central Pkwy; Lot 1, Block 1, Eagan Central Park Application: Preliminary Subdivision A Preliminary Subdivision of approximately 57 acres to create a parcel for the Eagan Service Memorial. File Number: 09- PS- 04 -06 -10 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated July 15, 2010. He noted the background and history. Chair Chavez opened the public hearing. There being no public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Filipi moved, Member Heaney seconded a motion to recommend approval of a Preliminary Subdivision to create two lots on approximately 56 acres located at 1501 Central Parkway Section 9, subject to the following conditions: 1. The property shall be platted. All voted in favor. Motion carried 7 -0. 0 PLANNING REPORT CITY OF EAGAN REPORT DATE: July 15, 2010 CASE: 09- PS- 04 -06 -10 APPLICANT: City of Eagan HEARING DATE: July 27, 2010 PROPERTY OWNER: Same APPLICATION DATE: June 24, 2010 REQUEST: Preliminary & Final Subdivision PREPARED BY: Michael J. Ridley, AICP LOCATION: 1501 Central Parkway COMPREHENSIVE PLAN: SA, Special Area ZONING: P, Park SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary and Final Subdivision to create two parcels on 56.6 acres located at 1501 Central parkway, in the SE' /4 of Section 9. The new 0.1 acre site is being created to accommodate the new Eagan Service Memorial. The memorial will include a monument dedicated to police, fire and military personnel. In addition to the monument, other improvements will include Iandscape beds, benches, carved memorial stones, flagpoles and three life -sized bronze statutes, one representing each of the service areas. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage q7 Planning Report — Central Park 2" d Addition July 27, 2010 and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan ". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND /HISTORY The property was originally part of Unisys Park and was acquired by the City via a City -wide referendum and the City's Community Center was ultimately built. M, Planning Report — Central Park 2 "d Addition July 27, 2010 Page 3 EXISTING CONDITIONS The 56.6 acre site contains the Community Center building, plaza areas, a band shell, parking and assorted trails. There are scattered wetlands and treed areas also on the site. SURROUNDING USES The site is surrounded by Argosy University and offices for Lockheed- Martin, Delta Airlines and Unisys. EVALUATION OF REQUEST Compatibility with Surrounding Area — The Community Center is not only compatible with the surrounding uses, the site provides an amenity to the employees and students in the area. Lots — The proposed subdivision creates two lots. The 56.5 acre Lot 1 will contain the existing Community Center and all of the existing accoutrements. The 4,252 SF Lot 2 will contain only the memorial and associated improvements catalogued earlier in this case report. Grading — The site is generally flat and contains no trees. The minor amount of site work necessary to prep the site for the memorial does not trigger the need for a Grading Permit. Wetlands /Water Quality — The subject site contains no wetlands on the memorial site. Utilities — Utility work is limited to an electrical circuit being extended from the new pavilion to power a spot light for the flag and an outlet box. Access /Street Design — Internal site access will not be modified from its present alignment. Tree Preservation — There are no trees on the memorial site. SUMMARY /CONCLUSION The City is requesting approval of a Preliminary Subdivision to sever a 0.1 acre site from the 56 acre Central Park site to accommodate the new Eagan Service Memorial. The memorial will include a monument dedicated to police, fire and military personnel. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create two lots on approximately 56 acres located at 1501 Central Parkway in the SE '/4 of Section 9. If approved, the following conditions should apply: 1. The property shall be platted. qy STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Oblillations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way This development shall dedicate 10 -foot drainage and utility easements centered overall lot lines and, 10 -foot drainage and utility easements adjacent to all public rights -of -way where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights -of -way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right -of -way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements, in accordance with requirements set forth in the latest version of the City's Stormwater Management Plan. C. Plans and Specifications All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead -end public streets shall have a permanent cul -de -sac, or temporary cul -de -sac to be removed upon further extension (on stub streets), constructed in accordance with City Job engineering standards. This development shall dedicate, provide, or financially guarantee the acquisition costs of street easements or public street rights -of -way as required by the alignment of the cul -de -sacs located within or beyond the boundaries of this plat as necessary to service or accommodate this development. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate public improvement project and associated contract must be awarded by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedications 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and as awarded by the action of the City Council. G. Tree Preservation and Mitigation This development shall be responsible for preparing a tree preservation plan and mitigating for any removal in excess of the allowable limits. Mitigation shall be in the form of replacement trees, cash equivalent, or a combination thereof in accordance with the recommendation of the Advisory Parks Commission and as awarded by the action of the City Council. H. Stormwater Management and Water Quality Protection This development shall manage stormwater and protect water quality by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, and providing acceptable complementary stormwater treatments, stormwater treatment ponds, regional ponds, and maintenance of private stormwater facilities in accordance with the current City post construction regulations and as recommended by the Advisory Parks Commission and awarded by Council action. /6( I. J. 1114 Wetlands Protection and Manallement 1. This development shall protect and manage wetlands by meeting requirements for wetland delineations and assessments, sequencing and replacement, and wetland buffers and setbacks in accordance with the current wetland protection and management regulations and as recommended by the Advisory Parks Commission and awarded by Council action. Airport Noise Attenuation 1. This development shall be responsible for meeting all appropriate noise attenuation conditions if the property is located within the Metropolitan Council Noise Exposure and /or Buffer Zone. Other 1. All subdivision, zoning, and other ordinances affecting this development shall be adhered to, unless specifically granted a Variance by Council action. Advisory Planning Commission Approved: August 25, 1987 roa City Council September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 Revised: July 7, 2009 Location Map Project Name: Eagan Central Park 2nd Addition Request: Preliminary Subdivision Case Nos.: 09- ps- 04 -06 -10 City of EaQan /o� Feet 0 500 1,000 2,000 Legend ,.MI. City Boundary Parcels \ Parks Buildings N Current Zoning and Comprehensive Guide Plan Land Use Map Eagan Central Park 2nd Addition 09- PS- 04 -06 -10 Zoning Map r ® ®® ®® 1 PF . ■■■ t r: R -3 E ® ®®® EB NINE RD RD R -1 3 Location .o Current Zoning: P Park R -4 ° P P e a R -4 O F a R.3 0 _1 _ P D RD ° PD z lliill , i . P LB PD o RD 1 LB A PD NB RD 600 0 600 1200 Feet A . - . - �■■■■■■■■■■■ii �■■ . ■■■ t r: NINE 9 AN M ML lliill , . 1 Parcel base map informatiy Dakota County L antl Survey Department Decmber 2005. ation mintained by City Staff. Cityof Eap THIS MAP IS INT DED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. S FEIrA= HIM `8\ \ W�` °ss r�\ � \ J LO -- — — — — — — — — — — — — - /I 3 a� .. ..... Ile. �. � 1 a .�hl s3 • • 3.Z1,90.0 < Ln n� bp J $2 CJ nl LLJ LLJ ) LLC—J C91. S 3 1-7 J $2 CJ nl LLJ LLJ ) LLC—J C91. EAGAN CENTRAL PARK 2 "D ADDITION The addition will consist of one lot, subdivided from EAGAN CENTRAL PARK, LOT 1, BLOCK 1. The property is currently an undeveloped portion of Eagan Central Park and is maintained as such. The lot is being created to accommodate the new EAGAN SERVICE MEMORIAL, a monument dedicated to police, fire and military personnel as conceived by the Eagan Veterans of Foreign Wars and the Eagan Lioness Club. The project is being funded through a State bonding allocation to the City. Because of the land use requirements and regulations associated with bonding funded projects it was determined to be beneficial to subdivide a separate lot for the project to preclude the requirements from being applied to all of Central Park. The memorial will consist of concrete curbing and a stamped concrete paver walk formed in a circle approximately 42 feet in diameter. Within the perimeter of the circle there will be formed landscape beds, permanent benches, carved memorial stones and a central landscape bed that also contains lighted flag poles, the tallest being 25 feet in height. On the perimeter of the exterior circle, 3 life size bronze statues, one representing each of the service areas, will be permanently mounted. There are no structures included in the project. Prepatory site work may begin in late August, work on the hardscape and landscape portions of the project will start approximately September 1, with completion expected within approximately 30 days of that date. lb'j AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER AUGUST 2, 2010 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. APPROVE Extension of Term for Amendment of TIF Development Agreement for Lennar/Nicols Ridge Revised Development Plan in the Cedar Grove Redevelopment District F. OTHER BUSINESS G. ADJOURN /be Agenda Information Memo Eagan Economic Development Authority Meeting August 2, 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 March 16, 2010 EDA meeting are enclosed on pages LIZ) —(l I_- ivq MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota March 16, 2010 A meeting of the Eagan Economic Development Authority was held on Tuesday, March 16, 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 Tilley moved, Commissioner Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Commissioner Fields moved, Commissioner Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of the February 16, 2010 EDA meeting as presented. OLD BUSINESS There were no Old Business items. NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT GRANT AGREEMENT WITH DAKTOA COUNTY CDA FOR 2010 REDEVELOPMENT INCENTIVE GRANT PROGRAM Community Development Director Hohenstein discussed the proposed grant agreement with the Dakota County CDA for funds to assist with projects in the Cedar Grove Redevelopment District. Commissioner Fields moved, Commissioner Tilley seconded a motion to approve a grant agreement with Dakota County CDA for a 2010 Redevelopment Incentive Grant. Aye: 5 Nay: 0 OTHER BUSINESS There were no Other Business items. Ita ADJOURNMENT Commissioner Bakken moved, Commissioner Fields seconded a motion to adjourn the meeting at 11:50 p.m. Aye: 5 Nay: 0 Date Thomas Hedges, Executive Director Agenda Memo Eagan Economic Development Authority Meeting August 2, 2010 New Business 1. CEDAR GROVE REDEVELOPMENT — EXTENSION OF NICOLS RIDGE DEVELOPMENT AGREEMENT ACTION TO BE CONSIDERED: To approve an Amendment of the TIF Development Agreement to extend the term for application approval for Lennar regarding the revised Nicols Ridge project in the Cedar Grove Redevelopment District and authorize the EDA Officers to execute the agreement. FACTS: • The Nicols Ridge Project in the Cedar Grove Redevelopment District was originally brought forward by Delta Homes and the 230 unit residential project was approved by the City Council on October 16, 2001. The EDA entered into a TIF Development Agreement with Delta on December 2, 2002. Subsequently, Delta entered into an agreement to sell its property to U.S. Homes /Lennar and requested that the EDA approve an assignment of the Development Agreement to Lennar. That request was approved by the EDA on June 3, 2003 and Lennar assumed responsibility for the project. • Lennar completed the 32 townhome units and 14 of the condominium units anticipated in Phase I, but as the condominium market began to decline in 2005, the developer discontinued development of additional condominiums at the property, but did proceed with 16 of the townhomes planned for Phase II. As a consequence, 62 of the units originally proposed for the project have been built. • In consideration of the shifting and declining market, Lennar approached the City requesting a concept review for a modified redevelopment scenario for the Nicols Ridge project and a revision of the TIF development agreement terms to resolve the anticipated default status. The request was to permit the developer to replace the remaining condominium buildings in the original plan with additional townhomes and to revise the phasing schedule to accommodate the change in the housing market. • On December 1, 2009, The EDA approved an amendment of the TIF Development Agreement to permit Lennar to submit the revised plan for formal consideration. A condition of the amended agreement was that Lennar pursue an application promptly and that it take steps to have approvals in place by July 1, 2010. • Lennar submitted an application consistent with the terms of the TIF Agreement Amendment in January, 2010, but it required formal releases from current condominium owners to be deemed complete. Those releases were finalized in early July and the application has begun the review process with the public hearing before the Advisory Planning Commission on July 27ch • Understanding that the deadline was a performance standard agreed to by the parties to create reasonable expectations for implementation of the agreement and that Lennar worked diligently with the condominium owners to secure the releases in the months since the I I 0-k application was submitted, staff believes that it is in order for the EDA to consider an extension of the July 1 deadline in the agreement to September 8, 2010 to permit the development application to proceed through the review process and receive formal consideration by the City Council. ATTACHMENTS: • Amended development agreement enclosed on pages Id— through 17 1l3 AMENDMENT TO SECOND AMENDED AND RESTATED REDEVELOPMENT AGREEMENT THIS AMENDMENT TO THE SECOND AMENDED AND RESTATED REDEVELOPMENT AGREEMENT is made this day of , 2010 by and between the EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation (hereinafter the "EDA "); the CITY OF EAGAN, a Minnesota municipal corporation (hereinafter the "City "); and U.S. HOME CORPORATION, a Delaware corporation (hereinafter the "Developer "). (The EDA, the City and the Developer are collectively referred to as the "Parties. ") WHEREAS, the Parties entered into a Second Amended and Restated Development Agreement dated December 1, 2009 (hereinafter the "Development Agreement ") which amended a prior development agreement to allow for the construction of 59 total housing units within the development known as "Nicols Ridge" (the "Revised Development Plan "); and WHEREAS, under the terms of the Development Agreement, the provisions contained therein were contingent upon the Developer obtaining approval from the City for the Revised Development Plan no later than July 1, 2010; and WHEREAS, the Developer diligently pursued the application and due to unavoidable delays, the submission to the City did not occur prior to July 1, 2010; and WHEREAS, the City is willing to extend the contingency deadline all upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual covenants and obligations, the Parties hereby represent, covenant and agree as follows: 1. AMENDMENT OF DEVELOPMENT AGREEMENT. Paragraph 17 of the Second Amended and Restated Development Agreement is hereby amended to read as follows: CONTINGENCY OF CITY APPROVAL. Notwithstanding anything herein to the contrary, the obligations of the parties set forth in this Agreement are subject to and contingent upon approval of the Revised Development Plan by the City Council. If the City Council does not approve the Revised Development Plan by September 8, 2010, then this Agreement may be terminated by either the City or Developer upon written notice to the other parties, in which event this Agreement and the terms hereof shall be null and void, and the terms of the Development Agreement and any prior amendments will remain in full force and effect. 2. No FURTHER AMENDMENT. Except as hereinafter amended, all other terms of the Development Agreement remain in full force and effect. Signature Page of Developer DEVELOPER: U.S. HOME CORPORATION, a Delaware corporation C Its: STATE OF MINNESOTA) )ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 2010, by , the of U.S. HOME CORPORATION, a Delaware corporation, on behalf of the corporation. Notary Public 2 )15- Signature Page of EDA EDA: EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By: Mike Maguire Its: President By: Thomas L. Hedges Its: Executive Director STATE OF MINNESOTA) )ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 2010, by . the of EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public /J� Signature Page of the City of Eagan CITY: CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Maria Petersen Its: Clerk STATE OF MINNESOTA) )ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 2010, by , the of CITY OF EAGAN, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public a] 11-7 Agenda Information Memo Eagan Economic Development Authority Meeting August 2, 2010 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. 11�£