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02/07/1995 - City Council Regular . , AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING FEBRUARY 7, 1995 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:30 - RECOGNITION OF OUTGOING COMMISSION MEMBERS III. 6:40 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) IV. 6:45 - ISD #197 SCHOOL BOND REFERENDUM PRESENTATION V. 6:55 - VISITORS TO BE HEAD (10 MINUTE TOTAL TIME LIMIT) VI. DEPARTMENT HEAD BUSINESS (BLUE) VII. CONSENT AGENDA (PINK) (ha A. PERSONNEL ITEMS 06 ,B. PLUMBERS LICENSES ` r,r C. PROCLAMATION, Volunteers of America Week, March 5-12 I D. APPROVE, Architectural Contract, Arthur Dickey Architects, Remodeling of Fire Station #1. 410E. 1994 GENERAL FUND and Public Utilities Fund Budget Adjustments 30.F. TEMPORARY BEER LICENSE, West Publishing Employees Club, Annual Men's Party, February 18, 1995 a se. CONTRACT 93-15, Acknowledge Completion/Authorize Final Payment, Water Quality Improvements at ,`H. REAPPROVAL, Prettyman Heights 2nd Addition, SE 1/4 of Section 4 lgoI. CONTRACT 94-13, Approve Change Order #1, Municipal Center Sit Improvements Phase II F-gpIJ. CONTRACT 93-S, Acknowledge Completion, Diffley Commons 2nd Addition Streets and Utilities PIP 1 K. CONTRACT 93-Y, Acknowledge Completion, Signal Point Utilities L. CONTRACT 93-N, Acknowledge Completion, Town Center 70-15th Addition Utilities CONTRACT 94-11, Approve Change Order #1, Waterview Addition 'NOM. Utilities rO N. APPROVE Amendment to Engineering Contract (Fee Schedule) X10. PROJECT 638R, Approve County Signal Agreement, Lexington Avenue and Yankee Doodle Road �,y3 P. CONTRACT 95-02, Approve Plans and Specifications and Authorize Advertisement for Bids, Lexington-Diffley Fencing 1,t ir Q. APPROVE CONTRACT with Lund-Martin, and Authorize Mayor and City ■ r / Clerk to Execute Contract, Civic Arena Project ftAlit R. WAIVER OF SUBDIVISION, EHW Properties, NW 1/4 of Section 28 S; S. ORDINANCE AMENDMENT, Section 13.10, Regarding Requirements f Preliminary and Final Platting 02.T. AWARD DASHER BOARD System Proposal, Civic Arena 411U. CHANGE ORDER, Police Department Building Project, Northland Concrete f , _ , VIII. PUBLIC HEARINGS (SALMON) IX. OLD BUSINESS (ORCHID) Ap„ 64A. PROJECT 679, West Lone Oak Road Storm Drainage P.7 r B. APPOINTMENT to Planning Commission Z. NEW BUSINESS (TAN) eitA. CONSIDER VARIANCES, Red Robin Restaurant and Big Wheel Rossi, Town Centre 100 - 14th & 15th Additions XI. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) III. ADMINISTRATIVE AGENDA (GREEN) XIII. VISITORS TO BE HEARD (for those persons not on agenda) XIV. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 2, 1995 SUBJECT: AGENDA INFORMATION FOR FEBRUARY 7, 1995 CITY COUNCIL MEETING ..:: r: 1....ti•,1i•Vri, v ..,,,vr• After approval is given to the February 7, 1995 City Council agenda, regular meeting minutes for the January 17, 1995 City Council meeting and special City Council minutes for the January 10, January 17, and January 24 meetings, the following items are in order for consideration. •:.4«,.:,:•<::::riN:.,.:::::,;:•:ass:;:;.�:>.:.;A>��:x:,:. <.s:.w>�;<.>::::�::;:::>.. There are not items to be discussed under Department Head Business at this time. Agenda Information Memo February 7, 1995 City Council Meeting NT ^N'NGii}n•}yiYi}.'SYiih}}}i}}}}.}}SS4i Ati gri There are twenty-one (21) items on the agenda referred to as consent items requiring 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 Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL: Item 1. Building Maintenance Supervisor--After interviews, it is the recommendation of Director of Parks and Recreation Vraa and Assistant to the City Administrator Duffy that Howard Favilla be hired as the City's Building Maintenance Supervisor,subject to successful completion of the City's physical examination requirement. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Howard Favilla as Building Maintenance Supervisor. `-' Item 2.Community Service Officers--After interviews, background checks and physical and psychological examinations, it is the recommendation of Chief of Police Geagan that the following three persons be hired as Community Service Officers: Brian Rundquist,Kimberly Perry, and Curtis Sticha. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Brian Rundquist, Kimberly Perry, and Curtis Sticha. Item 3. Seasonal Winter Recreation Leader--It is the recommendation of Recreation Supervisor Oyanagi that Theresa Bland be hired as a seasonal Winter Recreation Leader for the remainder of the season. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Theresa Bland as a seasonal Winter Recreation Leader. Item 4. Temporary/Part-time Maintenance/Youth Development Program--After interviews, it is the recommendation of Youth Development Coordinator Ashley that Carrie Ann Vasquez be hired as a temporary part-time maintenance worker for the youth development program. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Carrie Ann �... Vasquez as a temporary part-time maintenance worker for the youth development program. 49' Agenda Information Memo February 7, 1995 City Council Meeting Item S. National Organization on Disability Representative--It is necessary to appoint a representative who will serve as a liaison between the City of Eagan and the National Organization on Disability (NOD) every two years. Currently, Assistant to the City Administrator Duffy is the City of Eagan's representative to that organization. It is the recommendation of City Administrator Hedges that she be reappointed to this position for the next two years. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the designation of Assistant to the City Administrator as the City of Eagan's representative to the National Organization on Disability. PLUMBERS LICENSES B. Plumbers Licenses--City Code requires that plumbing contractors be licensed on at least an annual basis. Contractors whose applications are in order for nsideration by the City Council at this time are included on the list enclosed on page . ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers license applications as presented. 3 PLUMBER LICENSES FOR APPROVAL - YEAR 1995 1. A J PLUMBING `-- 2. BONFE'S PLUMBING SERVICE & REPAIR, INC. 3. ELANDER MECHANICAL INC. 4. ERICKSON PLUMBING, HEATING & COOLING, INC. 5. HARRIS CONTRACTING COMPANY 6. JAVENS MECHANICAL CONTRACTING CO. 7. KELLY PLUMBING & HEATINS INC. 8. LBP MECHANICAL, INC. 9. MAIN LINE PLUMBING 10. N. S. MECHANICAL, INC. 11. NORTHLAND MECHANICAL CONTRACTORS, INC. 12. NOVA-FROST, INC. �-- 13. P & D MECHANICAL CONTRACTING CO. 14. PENN PLUMBING 15. MIKE PETERSON PLUMBING 16. R C PLUMBING 17. SCHULTIES PLUMBING 18. SMISEK'S 19. DALE SORENSON CO. INC. 20. SOWADA & BARNA PLUMBING • 21. SPRIGGS PLUMBING & HEATING CO. 22. SURMA PLUMBING 23. TIM'S QUALITY PLUMBING, INC. �-' 24. TSCHIDA BROS. PLUMBING 25. WILLIAMS PLUMBING & HEATING For February 7, 1995 City Council Meeting Agenda Information Memo February 7, 1995 City Council Meeting VOLUNTEERS OF AMERICA WEEK/PROCLAMATION C. Proclamation, Volunteers of America Week, March 5 - 12—Enclosed on page to is correspondence from the Volunteers of America organization, requesting that the City consider a proclamation recognizing March 5 - 12 as Volunteers of America Week. A proclamation has been drafted and is enclosed on page 7 . The City has supported this effort in previous years. ACTION TO BE CONSIDERED ON THIS ITEM: To proclaim March 5-12 to be Volunteers of America Week in the City of Eagan. 5°. 44 VOLUNTEER°°•,.-.-,..' AMERICA L:. ' /1!-----.1/7 MINNESOTA '�/ 5905 Golden Valley Road • Minneapolis,MN 55422-4490 • (612)546-3242 / ``�/ j /i s January 13, 1995 /� The Honorable Thomas Egan Mayor of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor Egan: The Volunteers of America has been serving others for 99 years. Volunteers of America Week, March 5-12, commemorates the founding of our organization on March 8, 1896 . We are one of Minnesota' s largest human service organizations . Year after year, more than 929.; of every dollar we receive, we spend directly on program services. Through the years, Volunteers of America has demonstrated it is a dynamic organization keeping pace with the everchanging world. We recognize the need for developing creative ways to solve problems and meet community needs for all members of our society. I hope you will recognize March 5-12, 1995 as Volunteers of America Week and ask that you join us in celebrating our 99th year of service. Your letter acknowledging our service to people in the Eagan community will be appreciated. Your proclamation, along with other proclamations and letters will be duplicated and put into booklet form. A booklet commemorat- ing our 99th birthday will be placed in the reception area of each of our programs and senior dining sites. Something wonderful is happening in Minnesota, because of you! Your interest and support makes a significant impact on the success of our organization. And, as you know, our success is measured through the lives of those we touch. Respectfully Yours, CLr4.o ,yam. James E. Ho ie, Jr. President Enclosure (4) 1 CITY OF EAGAN PROCLAMATION VOLUNTEERS OF AMERICA WEEK MARCH 5-12, 1995 WHEREAS, Volunteers of America, a Christian human service organization, is celebrating 99 years of service to the people of Minnesota and the nation; and WHEREAS, Volunteers of America is making a valuable contribution by providing services to adults and the elderly such as: homes for mentally disabled, mentally ill, chemically dependent and/or elderly adults; congregate dining for seniors; transitional housing for women and their families; home delivered meals for persons 60 years of age and over; semi- independent living services and support living services; housing complexes for families, the handicapped, and the elderly; and long-term health care facilities; and, WHEREAS, Volunteers of America provides services for children and youth such as: a children's daycare, programs serving autistic, autistic-like, and/or developmentally disabled youth; children's shelters; in-home services; foster treatment homes and correction group homes; a residential treatment center for emotionally handicapped boys;a specialized behavioral program for boys with severe problems; short-term aftercare for youth with special needs; and WHEREAS, Volunteers of America provides a pre-release and work-release -- correctional program serving men; and a jail, workhouse and work-release correctional program serving women; and, WHEREAS, Volunteers of America, through its dedicated staff and volunteers make a significant impact on the lives of people in the City of Eagan; and WHEREAS, Volunteers of America is commemorating its founding in 1896,and urges other to join them in bridging the gap between human needs and the resources of the public and private sector; NOW, THEREFORE, BE IT RESOLVED, that the City Council of Eagan do hereby proclaim the week of March 5-12, 1995, as Volunteers of America Week. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk 7 Agenda Information Memo February 7, 1995 City Council Meeting FIRE STATION REMODEL/ARCHITECTURAL CONTRACT D. Approve Architectural Contract,Arthur Dickey Architects, Remodeling of Fire Station #1—As a part of its capital budget, the Fire Department is proposing to remodel and upgrade Fire Station #1 on Rahn Road. The amount budgeted for this project is $125,000. The architect's basic compensation under the contract is 8 1/2% of the construction cost. A copy of the architectural contract is enclosed on pages through for your review. It has been reviewed by staff and is in order for consideration by the Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the architectural contract for Arthur Dickey Architects for the remodelling of Fire Station #1 as presented. g ., T A E A M E R I C A N I N S T I T U T E O F A R C H I T E C T S AIA Document B141 Standard Form of Agreement Between Owner and Architect • 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the Sixteenth (16th) day of January in the year of Nineteen Hundred and Ninety-Five (1995) BETWEEN the Owner: City of Eagan (Nana ands ) 3830 Pilot Knob Rd, Eagan, MN 55122 and the Architect: Arthur Dickey Architects, Inc. • (Nam anti address) 4930 France Ave. S. • . Edina, MN 55410 For the following Project: (bolo*citadel description of Project,location,address and sew) • Remodel existing Fire Station #1, including refacing exterior masonry walls, designing toilet rooms to meet ADA requirements, improve exterior lighting, and partially replacing exterior concrete work. • The Owner and Architect agree as set forth below. Copyright 1917,1926,1948,1951,1953,1958,1961.1963,1966,1967,1970,1974,1977, 1987 by The American Institute of Architects. 1735 New York Avenue,N.W.,Washington,D.C.20006.Reproduction of the material herein r substantial quotation of its provisions thout written permission of the ALA violates the copyright laws of the United States will and ill be Nubia:to� AIA 8OCN11eIT 1141 •OWNER.ARGRmtCT AGREEMENT•FOURTEENTH 11113mosi•A1A• • 1987 THE AMMAN INSITTITTE OF ARCHITECTS.1755 NEW YOU AVENUE.NW..WASHINGTON,D.C.20006 8141-1987 1 • TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 schedule or construction budget, the Architect shall prepare, ARCHITECT'S RESPONSIBILITIES for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe 1.1 ARCHITECT'S SERVICES the size and character of the Project as to architectural,sum. coral. mechanical and electrical systems, materials and such 1.1.1 The Architect's services consist of those services per- ocher elements as may be appropriate. formed by the Architect,Architect's employees and Architect's „2 The Architect shall advise the Owner of an consultants as enumerated in Articles 2 and 3 of this Agreement any adjustments ra to and any other services included in Article 12. the preliminary estimate of Construction Cost. 1.1.2 The Architect's services shall be performed as expedi- 2.4 CONSTRUCTION DOCUMENTS PHASE thusly as is consistent with professional skill and care and the orderly progress of the Work.Upon request of the O er,the 2.4.1 Based on the approved Design Development Docu- Architect shall submit for the Owner's approval a schedule for merits and any further adjustments in the scope or quality of the performance of the Architect's services which may be the Project or in the construction budget authorized by the adjusted as the Project proceeds,and shall include allowances Owner,the Architect shall prepare,for approval by the Owner, for periods of time required for the Owner's review and for Construction Documents consisting of Drawings and Specifu ca- approval of submissions by authorities having jurisdiction over dons setting forth in detail the requirements for the construc• the Project.Time limits established by this schedule approved don of the Project. by the Owner shall not,accept for reasonable awe,be=ceded by the Architect or Owner. 24.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Condi- 1.1.3 The services covered by this Agreement are subject to dons of the Contract,and the form of Agreement between the the time limitations contained in Subparagraph 11.5.1. Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments ARTICLE 2 to previous preliminary estimates of Construction Cost indi- SCOPE OF ARCHITECT'S BASIC SERVICES cased by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with 2.1 •DEFINITION the Owner's responsibility for filing docvmaents required for 2.1.1 The Art hitect's Basic Services consist of those described the approval of governmental authorities having jurisdiction over the Project. in Paragraphs 22 through 2.6 and any other services identified in Article 12 as part of Basic Services,and include normal struc- tural,mechanical and deartcal engineering services. . 2.5 BIDDING OR NEGOTIATION PHASE 2.2 SCHEMATIC DESIGN PHASE 2.5.1 The Architect, following the Owner's approval of the 221 The Architect shall review the furnished by the Construction Documents and of the latest preliminary estimate program of Construction Cost,shall assist the Owner in obtaining bids Owner to ascertain the requirements of the Project and shall or negotiated proposals and assts in awarding and preparing arrive at a mutual understanding of such requirements with the contracts for construction. Owner. 2.2.2 The Architect shall provide a preliminary evaluation of 2.6 CONSTRUCTION PHASE—ADMINISTRATION the Owner's program, schedule and construction budget sOF THE CONSTRUCTION CONTRACT requirements,each in terms of the other,subject to the limits- dons set forth in Subparagraph 52.1. 2.6.f The Architect's responsibility to provide Basic Services 2.2.3 The Architect shall review with the Owns alternative with the Construction Phase under this Agreement commences with the award of the Contract for Construction and termi- approaches to design and construction of the Project. 2.2.4 Based oa the mutually agreed-upon program, sdnedule - • - upon final acceptance and construction budget requirements, the Architect slaw W err. . prepare,for approval by the Owner,Schematic Design Dom- 21 .2 The Architect shall provide administration of the Con- ments consisting of drawings and other documents illustrating tract for Construction as set forth below and in the edition of the sole and relationship of Project components. AU Document A201, General Conditions of the Contract for 2.2.5 The Architect shall submit to the Owner a preliminary Construction,cuetehc as of the date of this Agreement,unless estimate of Construction Cast based on current arcs,volume or otherwise provided in this Agreement. other unit cow. 2.5.3 Duties,responsllbwdes and limitations of authority f the 2.3 DESIGN DEVELOPMENT PHASE Architect shall not be restricted,modified or extended without writes agreement of the Owner and Architect with consent of 2.3.1 Based on the approved Schematic Design-Document's the Contractor, which consent shall not be unreasonably and a y adjustments authorized by the Owner ib the'program, withheld. HMI • C.�TIl INSTITUTE AS 1735 Avvaru .Nw W S WASHINGTON,a2 $141-1 N7 2 to • 2.6.4 The Architect shall be a representative of and shall advise quantity of the Work,(2)reviewed construction means,meth- and consult with the Owner(1)during construction until final ods,techniques,sequences or procedures,(3)reviewed copies payment to the Contractor is due,and(2)as an Additional Ser- of requisitions received from Subcontractors and material sup- vice at the Owner's direction from time to time during the tor- pliers and other data requested by the Owner to substantiate section period described in the Contract for Construction.The the Contractor's right to payment or(4)ascertained how or for Architect shall have authority to act on behalf of the Owner what purpose the Contractor has used money previously paid only to the anent provided in this Agreement unless otherwise on account of the Contract Sum. modified by written instrument. 2.6.11 The Architect shall have authority to reject Work which 2.6.5 The Architect shall visit the site at intervals appropriate does not conform to the Contract Documents.Whenever the to the stage of construction or as otherwise agreed by the Architect considers it necessary or advisable for implementa- Owner and Architect in writing to become generally familiar don of the intent of the Contract Documents,the Architect will with the progress and quality of the Work completed and to have authority to require additional inspection or testing of the determine in general if the Work is being performed in a man- Work in accordance with the provisions of the Contract Docu- ne t indicating that the Work when completed will be in accor- meats, whether or not such Work Is fabricated, installed or dance with the Contract Documents. However, the Architect completed.However,neither this authority of the Architect nor shall not be required to make exhaustive or continuous on-site a decision made in good faith either to cterc se or not to eater- inspections to check the,quality or quantity of the Work. On cise such authority shall give rise to a duty or responsibility of the basis of on-site observations as an architect, the Architect the Architect to the Contractor, Subcontractors, material and shall keep the Owner informed of the progress and quality of equipment suppliers, their agents or employees or other per- the Work, and shall endeavor to guard the Owner against sons performing portions of the Work. defects and deficiencies in the Work. (More tae live site rrpresauation may be agreed to as an Additional Service, as 2.6.12 The Architect shall review and approve or take other described in Paragrapb 3.2.) appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples,but only for the limited 2.6.6 The Atchitect shall not have control over or charge of Purpose of checking for conformance with information given and shall not be responsible for construction means,methods, and the design concept expressed in the Contract Documents. techniques,sequences or procedures,or for safety precautions The Architect's action shall be taken with such reasonable and programs in connection with the Work, since these are Promptness as to cause no delay in the Work or in the con- soledy the Contractor's responsibility under the Contract for stnuction of the Owner or of separate contractors,while allow- Construction. The Architect shall not be responsible for the mg sufkient time in the Architect's professional judgment to Contractor's schedules or failure to carry out the Work in accor- Permit adequate review.Review of such submittals is not con- dance with the Contract Documents. The Architect shall not ducted for the purpose of determining the accuracy and am' MVO control over or charge of acts or onicsions of the Contras- Pleteness of other deals such as dimensions and quantities or tor. Subcontractors, or their agents or employees, or of any for substantiating instructions for installation or performance of other persons performing portions of the Work. equipment or systems designed by the Contractor,all of which remain the responsibility of the Contractor to the extent 2.6.7 The Architect shall at all times have access to the Work required by the Contract Documents. The Architect's review wherever it b in preparation or progress. shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction 2.6.6 Except as may otherwise be provided in the Contract means, methods, techniques, sequences or procedures. The Documents or when direct communications have been spe- Architect's approval of k specific item shall not indicate daily authorized,the Owner and Contractor shall communicate approval of an assembly of which the item is a component. through the Architect.Communications by and with the Archi- When professional certification of performance characteristics text's consultants shall be.through the Architect. of materials,systems or equipment is required by the Contract 2.5.9 Based on the Architect's observations and evaluations of Documents, the Architect shall be entitled to rely upon such the Contractor's Applications for Payment, the Architect shall man l meet establish rma the criteria a uired systems or equip- the and eatify the amounts due the Contractor. merit will meet the performance criteria te:quired by the Con- review Documents. 2.6.10 The Architect's catficaton for payment shall conch- 2.6.13 The Architect shall prepare Change Orders and Con- tuse a representation to the Owner, based on the Architect's struction Change Directives, with supporting documentation observations at the site as provided in Subparagraph 2.6.5 and and data if deemed necessary by the Architect as provided in on the data comprising the Contractor's Appltcadon for Pay- Subparagraphs 3.1.1 and 3.3.3,for the Owner's approval and meat,that the Work has progressed to the point indicated and execution in accordance with the Contract Documents, and that,to the best of the Architect's knowledge,information and may authorize minor changes in the Work not involving an bdlef,quality of the Work is in accordance with the Contract adjustment in the Contact Sum or an ettersion of the Contract Dne notes. The foregoing reptrxntations are subject to an Time which are not Inconsistent with the intent of the Contract evasion of the Work for conformance With the Contract Documents. Documents ents upon Substantial Completion,to results of subse- quent teats and inspections,to minor deviations from the Con- 2.6.14 The Architect shall conduct inspections to determine tact Documents correctable prior to completion and to spe- the date or data of Substantial Completion and the date of final dtic q,nele,yrione expressed by the Architect.The issuance of a completion, shall receive and forward to the Owner for the Certificate for Payment shall further constitute a representation Owner's review and records written warranties and related that the Contractor is entitled to payment in the amount cad- documents required by the Contract Documents and assesn- Sed.However,the issuance of a Certificate for Payment`shall bled by the Contractor,and shall issue a flral,Cedfcate for Pay- not be a representation that the Architect has(1)made eahaus- meat upon compliance with the requirements of the Contract • due or continuous on-site inspections to check the quality or Documents. MA DOCUMETff 114 AGREEMENT 1141 157 'mg asRaor s NEW YORKw w.�.ac.20 • 2. .15 The Architect shall interpret and decide matters con- 3.2.3 Through the observations by such Project Represen- ceming performance of the Owner and Contractor under the tatives,the Architect shall endeavor to provide further protec- t requirements of the Contract Documents on written request of,„ ton for the Owner against defects and deficiencies in the Work, either the Owner or Contractor. The Architect's response to but the furnishing of such project representation shall not such requeuS shall be made with reasonable promptness and modify the rights,responsibilities or obligations of the Architect within any time limits agreed upon. as described elsewhere in this Agreement. 26.16 Interpretations and decisions of the Architect shall be 3.3 CONTINGENT ADDITIONAL SERVICES consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of 34.1 Making revisions in Drawings, Specifications or other drawings.When making such interpretations and initial tied- documents when such revisions are•. lions. the Architect shall endeavor to secure faithful peifor- mance by both Owner and Contractor,shall not show partiality .1 inconsistent with approvals or instructions previously to either,and shall not be liable for results of interpretations or given by the Owner,including revisions made neces- decisions so rendered in good faith. sa•y by adjustments is the Owner's program or Proj- 2. .17 The Architect's decisions on matters relating to aesthe- ect bit' tic effect shall be final if consistent with the intent expressed in .2 required by the enactment or revision of codes,laws the Contract Documents. or regulations subsequent to the preparation of such • 2.6.16 The Architect shall render written decisions within a documents; or reasonable time on all claims,disputes or other matters in ques- .3 due to changes required as a result of the Owner's fail- don between the Owner and Contractor relating to the rant- are to render decisions in a timely manner. don or progress of the Work as provided in the Contract Documents. 3.3.2 Providing services required because of significant changes in the Project including,but not limited to,size.qual- �. _ --.-- icy, complexity, the Owner's schedule, or the method of bid- -._ . ..._ ding or negotiating and contracting for construction.except for - - - services required under'Subparagraph 5.2.5. 3.3.3 Preparing Drawings. Specifications and other documen- tation and supporting data. evaluating Contractor's proposals, and providing other services in connection with Change ARTICLE 3 Orders and Construction Change Directives. ADDmONAI.SERVICES 3.3.4 Providing services in connection with evaluating subsii- tutions proposed by the Contractor and making subsequent. 3.1 GENERAL revisions to Drawings,Specifications and other documentation resulting therefrom. 3.1.1 The services described in this Article 3 are not included 3.3.5 Providing consultation concerning replacement of Work in Basic Services unless so identified in Article 12,and they shall by fire or other cause during construction,and fur- nishing paid for by the Owner as provided in this Agreement, es nishing services required in connection with the replacetment addition to the compensation for Basic Services. The services of such Work. described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed In writing by the Owner.If services 3.3.6 Providing services made necessary by the default of the described under Contingent Additional Services in Paragraph Contractor,by major defects or deficiencies in the Work of the 3.3 are required due to circumstances beyond the Architect's Contractor,or by failure of performance of either the Owner or control, the Architect shall notify the Owner prior to corn- Contractor under the Contract for Construction. =acing such services.If the Owner deems that such services • described under Paragraph 3.3 are not required, the Owner 3.3.7 Providing services In evaluating an extensive number of shall give prompt written notice to the Architect.If the Owner Claims submitted by the Contractor or others in connection indicates in writing that all or part of such Contingent Addi- with the Work clonal Services are not required,the Architect shall have no obI- 3.3.6 Providing services in connection with a pig: cation to provide those services. legal proceeding except where the -3.2 PROJECT REPRESENTATION BEYOND BASIC Architect Is party'therero. SERVICES 3.3.9 Preparing documents for alternate,separate or sequential 321 If more eaensive represenadon at the site than is bids or providing services in connection with bidding,negotia- desaibed in subparagraph 2.6.5 is required,the Architect shall Lion or construction prior to the completion of the Consrruc- provideone or more Project Representatives to assist in carry- ton Documents phase. has out such additional on-site responsibilities. 3.4 OPTIONAL ADDmONAL SERVICES 3.2.2 Project Representatives shall be selected,employed and directed by the Architect,and the Architect shall be compen- 3.4.1 Providing analyses of the Owner's needs and program- sated therefor as agreed by the Owner and Architect. The ming the requirements of the Project. duties, responsibilities and limitations of authority of Project 3.4.2 Providing financial feasibility or other special studies. Represenradves shall be as described in the edition of AIA Document B352 cturent as of the date of this Agreement,carless 3.4.3 Providing planning surveys, site evaluations or coin- otherwise agreed. paaative studies of prospective sites. ArA DoeuritiT 5141•QwNra.ARQnrECT AGa era•PoUrnaOr H la!TIOlt•AUK • 1417 Tait AN101scia*nun= F Nteltrrrc1s.1735 New YOUAV1Mla.NM.INainu raw D,C.200o6 • 0141-9987 4 / 2 3.4.4 Providing special surveys, environmental studies and 4.2 The Owner shall establish and update an overall budget for submissions required for approvals of governmental authorities the Project,including the Construction Cost,the Owner's other or others having jurisdiction over the Project. costs and reasonable contingencies related to all of these costs. 3.4.5 Providing services relative to future facilities, systems and equipment. - _ — . : : . 3.4.1 Providing services to investigate misting conditions or facilities or to make measured drawings thereof. 4.4 The Owner shall designate a representative authorized to 3.4.7 Providing services to verify the accuracy of drawings or act on the Owner's behalf with respect to the Project. The other information furnished by the Owner. Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the 3.4.8 Providing coordination of construction performed by Architect in order to avoid unreasonable delay in the orderly separate contractors or by the Owners own forces and coordi- and sequential progress of the Architect's services. nation of services required in connection with construction performed and equipment ipmet supplied by the Owner. 4.5 The Owner shall furnish surveys describing physical 3.4.9 Providing services in connection with the work of a con- of legal limitations and utility locations for the site sttuction a>amge or separate consultants retained by the of the Project, and a written legal description of the site.The Owner. surveys and legal information shall include, as applicable. grades and lines of streets, alleys, pavements and adjoining 3.4.10 Providing detailed estimates of Construction Cost. ProPerrY and structures; adjacent drainage; rights-of-way, 3.4.11 Providing detailed ti surveys restrictions, easements, encroachments. zoning, deed restric- g quan ty eys or inventories of dons, boundaries and contours of the site; locations, dimen- material,equipment and labor. sions and necessary data pertaining to existing buildings,other 3.4.12 Providing analyses of owning and operating coats. improvements and trees;and information concerning available utility services and lines, both public and private, above and 3.4.13 Providing interior design and other similar services below grade,including inverts and depths.All the information required for or in connection with the selection.procurement on the survey shall be referenced to a project benchmark. or installation of furniture,furnishings and related equipment. 4.6 The Owner shall furnish the services of geotethnid engi- 3.4.14 Providing services for planning tenant or rental spaces. new when such services are requested by the Architect.Such •3.4.15 Making investigations, Inventories of materials or eequip- services may include but are not limited to test borings, test menu,or valuations and detailed appraisals of cluing facilities. pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials,ground corrosion and resis- 3.4.16 Preparing a set of reproducible record drawings show- tiviry tests,including necessary operations for anticipating cub- ing significant changes in the Work made during construction soil conditions, with reports and appropriate professional based on marked-up prints,drawings and other data furnished recommendations. by the Contractor to the Architect. 4.6.1 The Owner shall furnish the services of other consul- - 3.4.17 Providing assistance in the utilization of equipment or tans when such services are reasonably required by the scope systems such as resting,adjusting and balancing,preparation of of the Project and are requested by the Architect. operation and maintenance manuals, training personnel for 4.7 The Owner shall furnish structural,mechanical,chemical. operation and maintenance,and consultation during operation. air and MI=pollution tests,rests for hazardous materials,and 3.4.16 Providing services after other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. final acceptance by 4.8 The Owner shall furnish all legal,accounting and insurance the matter counseling services as may be necessary at any time for the 4.19 eat g services of consultants for other than atdfii- Project,including auditing services the Owner may require to reenlist,structural, mechanical and electrical engineering por- the Contractor's dons of the Project provided as a part of Basic Services. how Applications es the Contractor or has used ed or toescert ey how or for what purposes the Conaactor has used the money 3.4.20 Providing any other services not otherwise included in • paid by or on behalf of the Owner. with Agreement e ally or e not a customarily hires a furnished in accordance 4.9 The services,information,surveys and reports required by with generally accepted ardnitexrural practice. �> Paragraphs 4.5 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the aectracy and completeness thereof. ARTICLE 4 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in OWNER'S RESPONSIBILRIES the Project or nonconformance with the Contract Documents. 4.1 The Owner shall provide full information regarding 4.11 The proposed language of certificates or certifications requirements r forth the for the Project, �a constraints and -err submitted to the Architect for Architect's consultants least be set forth the Ownds 14 teria, including space requirements and rehdonshfps, Sod- days Prior to execution.The Owner shall not request certfica- biltry, exPtIndabilltY, Special equipment, sysoesns and site dons that would require knowledge or services beyond the requirements. scope of this Agreement. 5 X14'1-1N7 MA DOCUMENT X141 •OWNER,AROUTECT AGREEMENT•FOURTEENTH EDITION•A1A• • 1967 THE AME is INSTITUTE or ARCHITECTS,1731 New YORKAvt3ttlE,MIK,WASHINGTON,D.C.20006 1.3 • • ARTICLE 5 .3 if the Project is abandoned, terminate in accordance �`-- CONSTRUCTION COST with Paragraph 8.3;or '" cooperate in revising the Project scope and quality as 5.1 DEIN1TION requited to reduce the Construction Cost. 5.1.1 The Coetsauction Cost shall be the coal cost or esti- 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, Con- mated cost to the Owner of all elements of the Project designed the Architect,without necessary teal charge,shall modify the Con- or specified by the Architect. react Documments as necessary to comply with the fixed limit,if established as a condition of this Agreement.The modification 5.1.2 The Cot>smtction Cost shall include the cost at current of Contract Documents shall be the limit of the Architect's market races f labor and materials furnished by the Owner and responsibility arising out of the establishment of a fixed limit. equipment ipment designed, specified,selected or specially provided The Architect shall be entided to compensation in accordance for by the Architect,plus a reasonable allowance for the Con- with this Agreement for all services performed whether or not tractor's overhead and profit. In addition,a reasonable allow- the Construction Phase is commenced. anti for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. ARTICLE 6 5.1.3 Construction Cost does not include the compensation of USE OF ARCHITECT'S DRAWINGS, the Architect and Architect's consultants,the costs of the land, SPECIFICATIONS AND OTHER DOCUMENTS rights-of--way, financing or other costs which are the respon- See Attach ent "A" sibility of the Owner as provided in Article 4. _ n 5.2 RESPONSIBILITY FOR CONSTRUCTION COST pared by the Architect for this Project are instruments o ' e Architect's service for use solely with respect to this -roject 5.2.1 Evaluations of the Owner's Project budget,preliminary and, unless otherwise provided, the Architect shall • deemed estimates of Construction Cost and detailed estimates of Con- the author of these documents and shall retain all •moron law, struction Cost,if any,prepared by the Architect,represent the statutory and other reserved rights. lndu• - the copyright. Architect's best judgment as a design professional familiar with The Owner shall be permitted to retain co•'—,including repro- the construction industry.It is recognized, however, that net- ducible copies,of the Architect's Dra• • gs,Specifications and then the Architect nor the Owner has control over the cost of other documents for information •• reference in connection labor,materials or equipment, over the Contractor's methods with the Owner's use and oc •• cy of the Project.The!acid- of determining bid prices,or over competitive bidding,market tect's Drawings,Spedfcuio •r other documents shall not be or negodatingiconditions. Accordingly, the Architect cannot used by the Owner or oth- on other projects,for additions to and does not Warrant or represent that bids or negotiated prices this Project or for ••• - etion of this Project by others,unless - wt7l not vary froth the Owner's Project budget or from any the Architect is adj, •_ -• to be in default under this Agreement, estimate of Construction Cost or evaluation prepared or agreed except by --•.- tin writing and with appropriate compen- to by the Architect. sation to the - 'tea. 5.2.2 No fixed limit of Construction Cost shall be established 5.2 Sub• • on or distribution of documents to meet official as a condition of this Agreement by the furnishing,proposal or _ ...ry requirements or for similar purposes in connection establishment of a Project budget, unless such fixed limit has ' the Project is not to be construed as publication in deroga- ban agreed upon in writing and signed by the parties hereto.If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design. bidding and • price escalation,to determine what materials,equipment,corn- ponce systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in ARTICLE 7 the scope of the Project and to include in the Contract Docu- ARBITRATION mentS alternate bids to adjust the Construction Cost to the fixed Wait.Fixed limits,If any,shall be increased in the amount of an increase in the Contract Sum occurring after execution of the - Contact for Construction. t to this Agreement arising out of or relating to this _• mentor breach thereof shall be subject to and ded• • •y arbi- 5.2.3 If the Furiftimg or Negotiation Phase has not commenced nation in accordance with the Construction Ind •. Arbitra- within 90 days after the Architect submits the Construction don Rules of the American Arbitration •-- •n currently in Documents to the Owner,any Project budget or fixed limit of effect unless the patties mutually agree o - • Construction Cost shall be adjusted to reflect changes in the 7.2 Demand for arbitration shall • - In writin with the general level of prices in the construction industry between the date of submission of the Construction Documents to the other Pty to this demand with the Amman mad within and the dare on which proposals are sought. don fin-A demand • •itratput shall be made within 5.2.4 If a wed limit of Construction Cost (adjusted as pro- a re time after a •• claim, dispute or other for in question has arisen.vided in Soh 5.2.3)is exceeded by the lowest bona be made after the - when institution off legal or equitable fide bid or negotiated proposal,the Owner shall: proceedings • ; on such claim, dispute or other matter in .1 give written approval of an increase in such fixed question • -,be bard by the applmbie stteutes of limitations. > 7.3 7.3 ...-aris_itritionarisingAnotor reining to this Agreement .2 =hoe* rem or tenego_mtlhg of the Project '- -, • by consojidarion,joinder or in=Other manner, within a reasonable dme -- - • - - .- - - Thz or Ae i7S7 s •Av i, 7Ot ac 1 1141-1687 6 •- I LL I • this Agreement signed by the Owner.Architect.and anv -• er • Additional Services earned to date ' - • •on person or entity sought to be joined. Consent to •ruation occurs during the Design • -• •eat Phase•,or involving an additional person or entity shall •t constitute .3 Five percent • - tal compensation for Basic and c o n s e n t to arbitration of any claim,disput •r other matter in •. .- - -. .ces earned to dare if termination question not described in the written -: - t or with a person or entity not named or described .The foregoing agree- ment to arbitrate and other -- eats to arbitrate with an additional person or en••• duly consented to by the parties to this Agreement • • spedflt ily enforceable in accordance ARTICLE 9 with appikab- • in any court having jurisdiction thereof. MISCELLANEOUS PROVISIONS 7.4 .- •rendered by the arbitrator or arbitrators shall be d judgment may be entered upon it in accordance with 9.1 Unless otherwise provided, this Agreement shall be gov- erned by the law of the principal place of business of the Architect. 9.2 Terms in this Agreement shall have the same meaning as ARTICLE 8 those in AIA Document A201,General Conditions of the Con- tract for Construction,current as of the date of this Agreement. TERMINATION, SUSPENSION OR ABANDONMENT 9.3 Causes of action between the parties to this Agreement 5.1 This Agreement may be terminated by either party upon Ping to acts or failures to act shall be deemed to have not less than seven days'written notice should the other party and the applicable statutes of limitations shall tom- itiil substantially to perform in accordance with the teams of this Agreement&tough no fault of the party initiating the termination. 9.2 If the Project is suspended by the Owner for more than 30 r g a consecutive days, the Architect shall be compensated for set- from fi nit acceptance y wner. vices performed prior to notice of such suspension.When the Project is resumed,the Architect's compensation shall be equi- 9.4 The Owner and Architect waive all rights against each !ably adjusted to provide for expenses incurred in the interrup- other and against the contractors, consultants, agents and Lion and resumption of the Architect's services. employees of the other for damages,but only to the extent cov- ered by property insurance during construction, except such 9.3 This Age lent may be terminated by the Owner upon rights as they may have to the proceeds of such insurance as set not less than seven days'written notice to the Architect in the forth in the edition of AIA Document A201,General Conditions event that the Project is permanently abandoned.If the Project of the Contract for Construction,current as of the date of this is abandoned by the Owner for more than 90 consecutive days, Agreement.The Owner and Architect each shall require similar the Architect may terminate this Agreement by giving written waivers from their contractors,consultants and agmss. notice. 9.5 The Owner and Architect, respectively,bind themselves, _ = - -- = -• —_ - _ - _--- their parmers, successors, assigns and legal representatives to . ... :: .__-•_ _ ..- _- --- the other party to this Agreement and to the partners,succes- sors,assigns and legal representatives of such other party with respect to all covenants of this Agreement.Neither Owner nor test for services and expenses, the Architect may, ,• ven Architect shall•assign this Agreement without the written con- days'written notice to the Owner,suspend ,.-- • ce of ser- amt of the other. ' vices under this Agreement. Unless eat in full is received 9.5 This Agreement represents the entire and integrated agree- by the Architect within rev-• • - of the date of the notice,the went between the Owner and Architect and supersedes all suspension shall take = without further notice.In the event prior negotiations, representations or agreements, either writ- of a suspensi•• . services,the Architect shall have no liability ten or oral.This Agreement may be amended only by written to de - • er for delay or damage caused the Owner because instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contrac- 9.5 In the event of termination not the fault of the Architect, ttral relationship with or a cause of action in favor f a third the Architect shall be compensated for services performed prior party against either the Owner or Architect. to termination,together with Reimbursable Expenses then due. 9.5 Unless otherwise provided in this Agreement,the Architect and Architect's consultants shall have no responsibility for the .. . . . -_ discovery,presence,handling,removal or disposal of or expo- Basic and Addidonat Services,and include expenses - are sure of persons to hazardous materials in any form at the Project directly attributable to ton.Termination -•- —shall site, indudnlg but not limited to asbestos, asbestos products, be computed as a percentage of the •- -•mpensation for polychlorinated biphenyl(PCB)or other toxic substances. Bask Services and Additional - -- ed to the time of ter- mination,as follows: 9.9 The Architect shall have the right to include representa- tions of the design of the Project,including photographs of the .1 T •- -- f the total compensation for Bask exterior and interior, among the Architect's promotional and • ,:—r•nal Services earned to date if termination professional Materials. The Architect's materials shall not occurs before r during the predesign,site analysis,or include the Owner's confidential r proprietary information if the Owner'has previously advised the Architect in writing f AlA DOCINAVIT 1141 •OWNER•AROI TECT AG1UMEMEN4T•FOURTI NTH RDITION•AIA• • 1967 T 1114141187 . THE Aam icAN man=oFARan'ers,1 S NEW YOUAVwua.N.W.,WASH124GTON,D.C.20006 the specific information considered by the Owner to be confi- 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES denial or proprietary. The Owner shall provide professional credit for the Architect on the construction ai��r 10.3.2 Subsequent payments for Basic Services shall be made monthly and,where applicable,shall be in proportion to ser- ARTICLE 10 vices performed within each phase of service,on the basis set forth in Subparagraph 1122. PAYMENTS TO THE ARCHITECT 10.3.3 If and to the extent that the time initially established in 10.1 DIRECT PERSONNEL EXPENSE Subparagraph 11.5.1 of this Agreement is exceeded or=ended through no fault of the Architect, compensation for any ser- 10.1.1 Direct Personnel Expense is defined as the direct vices rendered during the additional period of time shall be salaries of the Architect's personnel engaged on the Project and computed in the manner set forth in Subparagraph 113.2• the portion of the cost of their mandatory and customary con- 10.3.4 When compensation is based on a percentage of Con- tributions and benefits related thereto, such as employment woes and other statutory employee benefits, insurance, sick otherwise Cost and any portions of the Project are deleted or w lave, holidays, vacations, pensions and similar coniautions oh not constructed,compensation for those portions of and benefits. the Project shall be payable t to o the he eatehc services are per- formed on those portions,in accordance with the schedule set 10.2 REIMBURSABLE ExPENSES forth in Subparagraph 11.22,based on(1)the lowest bona fide bid or negotiated proposal,or(2)if no such bid or proposal is 10.2.1 Reimbursable are in addition to tom received.the most recent preliminary estimate of Construction t on for Basic and Additional Services and include expenses Cost or detailed estimate of Construction Cost for such por- tion by the Architect and Architect's employees and con- sultants in the interest of the Project,as identified in the follow- 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL lag Causes. SERVICES 10.2.1.1 Expense of transportation in connection with the 10.4.1 Payments on account of the Architect's Additional Project; expenses in connection with authorized out-of-town Services and for Reimbursable Expenses shall be made monthly travel;long-distance communications; and fees paid for secur- upon presentation of the Architect's statement of services ten- Lag approval of authorities having jurisdiction over the Project. , deed or expenses incurred. 10.2.1.2 Expense of reproductions, postage and handling of 10.5 PAYMENTS WITHHELD „, Drawings,Specifications and other documents. 10.2.1.3 If authorized in advance by the Owner, expense of 10.5.1 No deductions shall be made from the Architect's corn- ovetime work requiring higher than regular rates. sensation el account of penalty, n liquidated car on account co or rat of sums withheld from payments to contractors.or on account of 10.2.1.4 Expense of renderings,models and mock-ups requested the cost of changes in the Work other than those for which the by the Owner. Architect has been found to be liable. 10.2.1.5 Expense of additional insurance coverage or limits, 10.6 ARCHITECT'S ACCOUNTING RECORDS including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and 10.6.1 Records of Reimbursable Expenses and expanses per- , Architect's consultants. mining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be avail- 1021.8 Expense of computer-aided design and drafting able to the Owner or the Owner's authorized representative at equipment time when used in connection with the Project. mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN II1ITL i PAYMENT of Dolan(1 ) 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES,as described In Article 2,and any other services Included in Article 12 as pan of Basic Services,Basic ComPensadon shall be computed as follows: Eight and One Half Percent (8.5%) times the construction cost. giaarbaat of ampensation,inchu ttq stipuldnat sums,muttip/ei or peomraga.and shwa so wain,p martian netbadi of oonspffunno l spP!v. ►f Theme above rate (8.5%) is based on the condition that all elements of this remodeling .....-project are undertaken at the same time. If some parts of the project are delayed at the Owner's direction, the.rate ,increases to Nine and. One Half Percent (9:50 due to the additional expense of completing the project in a delayed manner. AIA nOcuseur 11141•o'wNowaci r,K7 AGflElMEM'•roOr 1*5TH tmrrloN•MAP• •019e7 T19;AiMlR1GNrN5T1Tu !OEAlcQf MOMS=i7!l3 Stir YORK AVartua.N.w,NV . Dc.a0006 B141.1Ba7 II 6 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost,progress payments for Basic Services in each phase shall total the following percentages of the'.total Basic Compensation payable: Hawn reit:0W phase as appropriate.) • • Schematic Design Phase: twenty.. Percent(20%) Design Development Phase: fifteen Pte( 15%) Coon Documents Phase: forty permit(40%) Bidding or Negotiation phase: five percent( 5% Construction Phase: twenty percent( 20%) Total Basic Compensation: one hundred percent(100%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES,as described in Paragraph 3.2,compensation shall be com- puted as follows: Hourly Basis as per individual hourly rates. 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT,as described in Articles 3 and 12,other than(1)Additional Project Representation, as described in Paragraph 3.2.and(2)services included in Article 12 as parr of Basic Services, but excluding services of consultants, compensation shall be computed as follows: (Insert r,of compensation.including ram andbr multiple of Direct Personnel Expense for Principals and employers and Identify�p�and classify Identify specific services to which particular methods of compensation apph: if necessary.) Hourly Basis as per individual hourly rates. • 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of One and One Tenth ( 1.1 )times the amounts billed to the Architect for such services. ( rite specific types ofMilanoin Amide/s,eminima) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES,as described in Paragraph 102,and any other items included in Article 12 as Reimbursable Expenses,a multiple of One and Two Tenths ( 1.2 )times the=panes Incurred by to Architect,the Architect's employees and consultants in the interest of the Project. 11.5 ADDmONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within twelve ( 12 )months of the date hereof,through no bete of the Ard itect,caennsion of the Architect's services beyond that time shall be compensated a provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable fifteen ( 15 ) days from the date of the Architect's invoice. Amounts unPuid thirty ( 30 )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Wert sate of Mew armed MPS) airy tare end ropoisommo under de Fedora,Traub landlas AA similar wale anal keel canaaner audit laws and° arre gulationattieOserser'sandAtobt• oat prrnpal piece of bonnie=We location of the Project and eisesebere may affect lie aalfdlty of this proestiion*Oft led orbit Would be oiooasd with mow so WM:ow or inatificationo,erred also rug•rdbq men:mews suck a wimw alOdoolorr or wrwrs.) ! MA o �n4 AGREEMENT V 0141-11117 MU aatUT Or s*c1 1735 NEW vol A S D.C. /'7 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary reVie/ practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES linnet descriptions of other somas.identify Additional Sonar included within Basic Compnuation and mod(/kattonr to for payment and compensation terms Included in in A;rrrnernt.) • • • • • • • This Agreement entered into as of the day and year first written above. Ox City of Eagan ARCT Arthur Dickey Architects, Inc. . o l B ) �) `�. _Thomas A. Egan, Mavor Arthur }I. Dickey_ President Minted nano and title) (Printed nayse and title) MA OOCUWNT$141 •OWNER•AtetirTECT AGREEMENT•FOURTEENTH EDITION•MAC • 1907 THE AMERICAN D(STITUTE ?ARGttTECTS.1733 NEW YORK AVENUE.NA.WASHINGTON.D.C.2[006 1141.1987 10 (8 • Attachment °A" Article 6 Ownership and Use of Documents 6.1 Drawings and Specifications as instruments of service are and shall be the property of both the Owner and Architect whether the Project for which they are made is executed or not. Both Parties shall be permitted to retain copies, including reproducible copies of Drawings and Specifications or any other documents produced as part of the project. 6.2 Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's rights. .0? Agenda Information Memo February 7, 1995 City Council Meeting 1994 GENERAL FUND/PUBLIC UTILITIES BUDGET E. 1994 General Fund and Public Utilities Fund Budget Adjustments—To simplify both the accounting and budgeting processes, the City currently makes no attempt to estimate donations, transfer from the Police Forfeiture fund and similar types of revenue sources. The revenues and related expenditures are uncertain and fluctuate widely depending on eligible projects and donors. Staff has instituted a substitute process whereby the budget is formally amended by the City Council when revenues are known and related expenditures are made. The memo enclosed on page a( includes three (3) such adjustments, two (2) in the General Fund and one (1) in the Public Utilities Fund. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the adjustments to the 1994 General Fund and Public Utilities Fund budgets. 43.° XEX RANDUX DATE: January 9, 1995 TO: Gene VanOverbeke, Finance Director/City Clerk FROM: Ton Pepper, Assistant Finance Director SUBJECT: 1994 General Fund and Public Utilities Fund Budget Adjustments Th f liowing line item adjustments to the 1994 budget should be consid r d for appr val by the City Council: Current Increase Am nd d Budget (Decrease) Budget GENERAL FUND: 1) 3980-9001-00 Transfer In $146,100.00 $13,400.00 $159,500.00 4580-0153-12 Mobile Equipment 28,600.00 13,400.00 42,000.00 This adjustment reflects the amount transferred in from the Police Forfeiture Fund to pay a portion of the $23,400 MDT software expens . Th balance was budgeted and paid for out of the Equipment Revolving Fund (C.I.P. ) . 2) 3340-8032-32 State Grants 12,100.00 11,000.00 23,100.00 4450-8032-32 Other Contractual Svc 8,500.00 11,000.00 19,500.00 _ This adjustment reflects utilization of the Oak Wilt Abatement grant from the State for reimbursement to about 40 Eagan resid nts of 50% of oak wilt abatement costs they incurred. The net effect of these adjustments is to increase the total expenditures of th am nded 1994 General Fund Budget by $24,400 from $13,522,300 to $13,546,700. • PUBLIC UTILITIES FUND: 3) 3920-9220-00 Contribs/Donations -0- 15,800.00 15,800.00 4580-8064-64 Mobile Equipment -0- 15,800.00 15,800.00 This adjustment reflects the insurance reimbursement from LMCIT and a portion of the related expense to replace the sweeper that was t tal d earlier this year. This adj tment increases the total expenses of the amended 1994 Public Utiliti d budget from $7,750,900 to $7,766,700. Assistant inance Director \budad94b i - Agenda Information Memo February 7, 1995 City Council Meeting TEMPORARY BEER LICENSE/WEST PUBLISHING F. Temporary Beer License, West Publishing Employees Club, Annual Men's Party, February 18, 1995--Enclosed without page number is a copy of the application received of the West Publishing Employees Club for the above referenced event. The application has been reviewed by staff and is in order for consideration by the Council at this time. ACTION TO BE CONSIDERED ON,THIS ITEM: To approve a temporary beer license for the West Publishing Employees Club for February 18, 1995, as presented. FINAL PAYMENT/WATER QUALITY IMPROVEMENTS G. Contract 93-15, Acknowledge Completion/Aut rize Final Payment, Water Quality Improvements--Enclosed on pages/��through'Iis a memorandum from the Parks and Recreation Department covering this request for final payment. As noted in the memo,the project was completed for approximately 12% less than the original bid amount. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion and authorize final payment for the water quality improvements in Contract 93-15,as presented. k •� - Y TO: KEN VRAA, DIRECTOR DEPARTMENT OF PARKS AND RECREATION FROM: RICH BRASCH, WATER RESOURCES COORDINATOR DEPARTMENT OF PARKS AND RECREATION RE: COMPLETION/FINAL PAYMENT AUTHORIZATION FOR CONTRACT NO. 93-15 (WATER QUALITY POND IMPROVEMENTS) DATE: FEBRUARY 1, 1995 The work for City Contract 93-15 (Water Quality Pond Improvements) has been completed and a request for the fourth and final payment has been received. The City's consultant, Bonestroo Rosene Anderlik and Associates, and City staff have inspected the projects and find that they comply with the contract documents. A summary of the bid and actual project costs is attached and shows that the overall project cost was about 12% under the bid amount. Staff recommends acknowledgement of the completion of the projects and authorization of the final payment. Please let me know if you have any questions or need additional information. (31-4:1"-1-12.— - ti Rich Brasch Water Resources Coordinator ) FINAL CONTRACT REPORT FOR 1993/94 POND WATER QUALITY IMPROVEMENTS City Contract No. 93-15 Our File No. 49543 January 10, 1995 PROJECT DESCRIPTION This project consisted of the Water Quality Improvements to Ponds GP-1.1, JP-20.1, and LP-32.1. The ponds were graded to improve water quality requirements to protect downstream lakes and ponds. PROJECT INFORMATION AND STATUS The bid opening for this project was held on December 16, 1993 and the contract was awarded to the low bidder, Amt Construction Company, on January 4, 1994. The preconstruction conference was held on January 7, 1994. The project specifications stated that all pond grading and restoration be completed by March 25, 1994 and the restoration of the ice storage areas and disturbed areas beyond the pond be completed by May 20, 1994. The work was completed within the specified date. • CONSTRUCTION COST DATA SUMMARY As shown in Appendix A, the Final Contract Amount underran the Bid Proposal Amount. The quantities needed for restoration and access road construction of the sites were less than estimated. The final cost comparisons are shown on the following page. • ti APPENDIX A CONSTRUCTION COST DATA SUMMARY • 1993/94 WATER QUALITY POND IMPROVEMENTS CITY CONTRACT NO.93-15 Our File No. 49543 %Deviation of Bid Proposal Final Contract Final Amount from t Amount Amount Bid Proposal Amount Part 1 - Pond GP-1.1 $25,212.00 • $19,707.60 -21.83 Part 2 - Pond LP-32.1 22,484.00 22,450.00 -0.15 Part 3 - Pond JP-20.1 30.355.00 26.613.30 -12.33 Totals $78,051.00 $68,770.90 -11.89 • • af Agenda Information Memo �-- February 7, 1995 City Council Meeting REAPPROVAL/PRETTYMAN HEIGHTS 2ND ADDITION • H. Reapproval, Prettyman Heights 2nd Addition, SE 1/4 of Section 4—The preliminary subdivision approval for Prettyman Heights 2nd Addition expired on July 6, 1994. Reapproval is now being requested. The following conditions of approval were attached originally: 1) standard conditions A-1, B-1, C-1, C-2, E-1, F-1, G-1 and H-1; 2) the existing sanitary sewer and water service that will not be utilized shall be abandoned at the main by capping the sanitary sewer service and turning the water service off; 3) the easements along the existing property line between Lots 1 and 2,Block 2, Prettyman Heights shall be vacated prior to final plat approval. At this time the following condition should be added to the reapproval: 4) a tree preservation plan shall be prepared and submitted with the building permit ap lication for r osed Lot 2, Block 1, Prettyman Heights 2nd Addition. Enclosed on pages 2 through . " are copies of the plat and certificate of survey.. ACTION TO BE CONSIDERED ON THIS ITEM: To give reapproval to the final subdivision for Prettyman Heights 2nd Addition, southeast quarter of Section 4. c I ^g •. -- .%." '....t -•y_,_•-•-...:.•1� 14"∎^w` '`Wig ,',j1`` •• !, `Iii -..�•y= T.' �: ∎' •. -•'`-'--+\�;fit::1.� _•`~-''-- ..--.,• - 4 ' ?.mot..),. (`t• •"•1. i ..:4-;�.:; • ' ti ,•\ i••-_ tires _.- '_ - _ .-.1-'6;_:......07,•=x—.1•1::•�_ $ • ._.`.L.►. ��```.�` :z s --.• -_-- ' .L11,1; *-:•-•-.'t- It 1,Itit .r..- 1,...-I- .- - •••••..- •: EV le- :••• re 1-1.-••....r:. .•-•-.-.-.. - .. .r.,N. ;...-s.!.wif.. ti.i.i.,:. —j' �, { ...- 1. `% '.""" 'fit .'' '• .any r•r• - I'� •'ti. ei i r'v;1.1 f'�:-• M }1�{ '•'.4?.... "! 1,.. r. ..1!Werra-.`—-1I yl .F. •,- '� _Z..1.' j1�J r`'• - y=• .."t7cOM Y`•�`i•'• i,"-: •; „,‘11.1-7.--1-;.1 .#1!^'t •�:� y� . � ''±...-....F...,:- 7-....,..,p • \ • • 'w.�=•..=•1 ■yam■ •1., , •. ,- ,4C • -}- ' `4%y.... - •:. C; �;',.. �� .. ". , arttir 4. -co --�:' � ' ice-••t'1 ',A6.„4,-.1...'• L Iln'=' ,..��ss ?fie. 1• t V,...;;71:3. -r..- �' • '1 i ./, t, 11 :. ., ":Z-'" ' - .- _? 1''b �I _ — • _, - _ a rt-•• _ .1.., _ g - •r• ! __Nom= :t. ! ` •ii::"' '*" Vi. .i!', , - a . ' '" t i..• _: ; � =f;� '? i = --• _ . ._. • _ _ r-- .....1. - t-••=" - ,..1 Tr -, .u--• " --- *: .I ..-•—• . i• t Ai::.....______.- 7"it 4; "..--t-a. I• ,,•s - i{'] PILOT KNOB RD • • i S �0 0... '' id 1 811! C) y I L•ii.T2= 1 \� ...• I al 01 rn Ii i p.. — soF NkoF .l) I A � I AMA s 1 . -....r32.07-E \ 3 CD I rE ` 200.00 __� ' 's a) ! I- ) i - 41 i I' 442rjo_04 pa ep I—....—sirlilt-vt-...! 0 . Orle 46 =N ' . 1 Ii_ .,� ".. . ` 1 It /4r \\ •• se I a ' fa I; • r% </ t /5,4, ifrPek , i 1/01 / w`° .o `� ~-- I — —J L_ / V J- �1a /X S try is.�s— / 1, �NE ;� TRAIL �'�„ta g.--I i l'- 1 r ■ ,lbw ( : 1■..D e1oZ"7 r— —--- B L 0 c / 2 pirlvt J `3. „ F. Iv /\ kr 1 X1.7 ? / /3 I .p , � I In r /D N�``_see ta:E J - IN r 1 i / : _` __1 /fit w I� i;i —`ki N �"' r is. ∎, 20 25 —� — r!l.S3 aoo a—— 1 , 71 889•35'36"W 409.83 e°___ (410 Tway LE ACAEi. au 1 23 I L—WORTH t DE OF TIE SOUTH HALF OF THE Sax I _— SOUTH�ti OF THE SOUTHEAST QUARTER In r I • .ORIGINAL PLAT off` , , r totltnLTIHO enoweees S VI S,IE Ml e..Irs /Paw h..sS.g l AOpe nnlniens mad LAND sone(' OS' _CL.IENR • P.I.N. s.xEW�- ': eNGIUEERING PIIWECI tID. i4X.e1 C w COMPANY, INC. M.Ile 14 51-5} • JJ t 1000 tAiT- 41* MM. M.•nNsWttc.YINU23O1A 35551 PII 452.3000 _ CERTIFICATE OF SURVEY PROPERTY DESCRIPTION PARCEL A Those parts of Lot 1 and of.Lot'Z, Block 2, PRETTYMIN HEIGHTS, Dakota County, Minnesota, according to the recorded plat thereof, lying easterly of a line drawn from a point on the north line of said Lot 1, distant 85.47 feet westerly of the r northeast corner of said Lot 1, to a point on the south line of said Lot 2, distant 66.96 feet westerly of the southeast corner of said Lot 2. sc.,_r I.= so' Containing 13,165 sq. ft. ItAa.•S.0 $N...... All 45J€ PARCEL B 'hose parts of Lot 1 ano of Lot 2, Block 2, PRETTYMAN HEIGHTS, Dakota County. Minnesota, actoroing to the recorded plat thereof, lying westerly of a line drawn from a point on the north line of said Lot 1, distant $5.47 feet westerly of the northeast corner of said Lot 1, to a point on the south line of said Lot 2, distant 86.96 feet westerly of the southeast corner of said Lot 2. Containing 16,666 sq. ft. • \ LOT 11 LOT 10 \> I I ----— , LOT 12 I / I ----..,l `, /`�� z +�?�i.�« 'Ts.. j( I••'#. .•y �' i d. 1- 4,',....d..1.4. Ian q Ia•. , f, ` R.ts3.so " I11 .. �4 � 'ri�-; t.110..7 , -- !i A I • h~f . 21r�s.�, 1 LOT 13 / /-.� /s,�a I l 1 i ' • • W 10100• • 'Y'ri..r vi 4. 4 ti PARCEL A �� I I Zs a ,p. , , •' . , s IL.t{f se. i ` _� I • ^ l w I r' b 4-7:� ": LOT 3 i ;PARCEL B ' - rsr in i LOT 14 1•'•'" •'" 1 1 ( �: �.Go I. ewaelENT ro aE VACIAeD• 1$L - t5a-11s, 2 staff'-—— Kw ,7730-2 AREAS I l • InAT 1 R w ar WI PnnN6 LOT 1 Thor!al. I EXISTNO LOT 2 12.754 V. -= II PROPOSED PARCEL A -- 13.11$St. p PROPOSED PARCEL S II....S.F. �`� ` 4 — ii I(WISEST=nun,THAT 11lS is A ISSUE Alai CORRECT REPRESENTATION Of A TRACT Of LARD AS SHOWN AM DESCRIBED RUMOR.AS PREPARED{T LE ISIS Z DAT oc ?'' ' , �' is _, .S.i... -22r59. RIM REM No.=K45 •U aenaroal a Agenda Information Memo t-- February, 7, 1995, City Council Meeting APPROVE CHANGE ORDER #1 (MUNICIPAL CENTER SITE IMPROVEMENTS - PHASE II) I. Contract 94-13, Approve Change Order #1 (Municipal Center Site Improvements - Phase II)--City staff has negotiated a Change Order to the above-referenced contract incorporating a number of miscellaneous adjustments, additions,and deletions as described on pages 3 through . While the net result of this Change Order results in a deduct of$911837, it should be noted that it will require adding approximately $2,000 to the Civic Arena contract and $1,200 to the Municipal Center remodelling contract to provide for electrical panels to accommodate the more cost efficient method of wiring for the parking lot and Civic Center Drive streetlight system. The Change Order also addresses the completion date to coincide with the construction schedule of remodelling City Hall and constructing the Civic Arena. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to Contract 94-13 (Municipal Center Site Improvements - Phase II) and authorize the Mayor and City Clerk to execute all related documents. 30 • T 'Ti... cItyofeagan CONTRACT#: 94-13 CHANGE ORDER # : 1 PROJECT N: 649 DATE: January 30. 1995 PROJECT NAME: Municipal Center Expansion - Phase II PROJECT DESCRIPTION: The project consists of site grading, sanitary sewer, watermain, storm sewer, streets and parking lot construction to serve the Municipal Center Expansion and the future Civic Arena. CONTRACTOR: Imperial Developers, Inc. ENGINEER: Citysf Eagan 9001 Grand Avenue South 3830 Pilot Knob Road Bloomington. MN 55420 Eagan MN 55122 ,DESCRIPTION OF CHANGE ORDER WORK: This change order consists of adding several items of additional work which were either not originally anticipated or inadvertently omitted from the original scope of the contract plans and specifications as well as a re-evaluation of the lighting system as originally designed and bid which results in a net decrease in the contract amount. The additional items included silt fence for erosion and sediment control, safety fencing, lowering in place the existing City's private telephone line from the Police Station to the Fire Administration Building,additional trench grading required to provide for temporary bituminous surfacing along the south side of the existing Police Station,furnish and install 6"P.V.C.to drain the relocated sump pump for the new Police Facility, additional charge for hand formed curb &gutter for a grade adjusted curbed island in the north parking lot,furnish and install electrical service to the existing brick City of Eagan sign,furnish and install 1 surface mounted 20 amp/10 pole electrical enclosed contactor for site lighting circuits, and furnish and install 3 P.V.C. hand holes with steel covers for the site lighting items. 3 � The deduct/deletion items pertain to the site lighting contract as originally bid. The original plans and,spe,cilications prepared for the site lighting improvements identified electrical service being provided from the new Police Facility. In reviewing the requirements associated with all of the site lighting being serviced from the new Police Facility, cost savings could be incurred • by dividing the service to the site lighting and'to three categories. The parking lot lighting associated with the Civic Arena can take it's electrical service from the Civic Arena Building. The parking lot located south of the existing Municipal Center and the parking lot located on the north side of the new Police Facility could best be serviced from the new Police Facility. The remaining roadway lighting improvements could best be serviced from the remodeled Municipal Center Complex. The remaining deducts under the site lighting contract included a reduction in the number and type of luminaires, a change in the type of base used to mount the street light and parking light poles,deletion of light bollard bases and a reduction in conduit and wire sizes due to the changes in electrical service location. The contractor has also requested an extension of time for the interim project completion date associated with a delay in the delivery of light poles and fixtures. JUSTIFICATION FOR/PURPOSE OF CHANGE ORDER: The negotiation of the change order between the City and the Contractor was necessary due to certain work items which were either not anticipated as a part of the original contract or inadvertently omitted as a part of the preparation of the original plans and specifications. The change in the site lighting based on a re-evaluation of the entire lighting system as bid which results in a cost savings to the overall site lighting portion of the contract. DESCRIPTION OF WORK ITEMS: SITE LIGHTING: Additional Items 1) Furnish and install all electrical material and labor to wire the existing brick City of Eagan sign to the new light standard circuit. Subcontractor Cost: $533.00 Contractors Overhead: 79.95 LUMP SUM TOTAL: $612.95 2) Furnish and install (3) P.V.C. handholes with steel covers. The handholes were omitted from the contract bid items. Subcontractor Cost: $1,614.00 Contractors Overhead: 242.10 LUMP SUM TOTAL: $1,856.10 • 3 3) Furnish and install 1 surface mounted 20 amp/10 pole electrical enclosed contactor for site lighting circuits Lump Sum: $652.52 Contractors Overhead (15%): _UM LUMP SUM TOTAL $750.40 • SITE WORK: Additional Items 1) Additional trench grading was needed prior to placing a temporary bituminous surface on a storm sewer trunk located south of the existing police station. Blade - 03 HR @ $85.00/HR $42.50 753 Bobcat 03 HR @ $52.00/HR 26.00 • Labor 03 HR @ $43.00/HR 21.50 TOTAL $90.00 • 2) Furnish and install silt fence and safety fence for project slope and pedestrian protection. These items were omitted from the contract bid items. Silt Fence 850 L.F. @ $1.75/FT $1,487.50 Safety Fence 250 L.F. @ $2.00/FT 500.00 TOTAL: $1,987.50 3) The contractor located and lowered in place the City's private telephone line that runs from the existing Police Station across Pilot Knob Road to the Fire Administration Building. This work was required because of the new parking lot construction. TB 35 Backhoe 2 HR @ $70.00/HR $140.00 Mobilization 1.5 HR @ $80.00/HR 120.00 Labor 2 HR @ $43.00/HR 86.00 Contractor (15%): 51.90 TOTAL: $397.90 4) Furnish and install 25 L.F. of 6" P.V.C. to drain the sump pump located at the east wall of the new police building. The sump pump location was changed from the original location. Lump Sum Item: $1.572.00 LUMP SUM TOTAL: $1,572.00 5) Additional charge for hand formed curb and gutter for a grade adjusted curbed island in parking lot. Contractors Price $11.00/L.F. Contract Bid Price - 5.75/L.F. Additional Price = $5.25/LF. B-612 Curb & Gutter 98 L.F. @ $5.25/L.F.: $514.50 Adjust Curb & Gutter 2 Ea. @ $50.00 Ea.: 100.00 • Contractors Overhead (15%): 92.18 TOTAL $706.68 TOTAL ADDITIONS: $7,973.53 • 3 • SITE LIGHTING: Deduct/Deleted Items ;�— Deduct -Luminaire Type AA - 2 Luminaires Ea • 1 Ea. @ $1,200.00 $1,200.00 Deduct - Luminaire Type C 3 Ea. @ S 660.00 1,980.00 Deduct- 29' - 8" Round Tapered Aluminum Poles Model No. 290840705TA 4 Ea. @ S 130.00 520.00 Deduct- 6' Pole Bases 3 Ea. CO S 725.00 2,175.00 Deduct- 9' Long Pole Bases 1 Ea. @ $1;100.00 1,100.00 Deduct- Luminaire Sterner Flood Lights . No. 835-SW-N-Y-RW-100-H-208-C with Base 8 Ea. @ S690.00 5,520.00 Deduct - Change 37 of the light bases to MN State design "B" Std plate 8127-B " L.S. Delete - Bollard bases from contract L.S. Delete - 2 Bollards with 8 outlets, and add 8 GFI outlets on light poles on Civic Center Drive L.S. Delete - 2 Bollards with 4 outlets, add 4 GFI outlets on • light poles (2 per pole) in police parking lot LUMP SUM TOTAL: $2,514.90 Deduct - Change to conduit and wire sizes per new drawing L.S. Delete - Feeders to Civic Arena from Civic Arena Parking Lot L.S. L_ Delete - Feeders to Civic Center Drive from existing City Hall L.S. LUMP SUM TOTAL: $2,082.00 • TOTAL DEDUCT AMOUNT: ($17,091.90) TOTAL CHANGE ORDER ADDITIONS AMOUNT: 7,973.53 TOTAL DEDUCT AMOUNT FROM ORIGINAL CONTRACT: ($9,118.37) DESCRIPTION OF THE REOUESTED INTERIM COMPLETION DATE The contractor, Imperial Developers, Inc., has requested an extension of time for the interim completion date of November 1, 1994. Site work, utilities, street construction, and parking lot construction were completed by the specified November 1, 1994 completion date. But due to the source of power, the delivering of the light poles, and fixtures, the contractor has been unable to complete the lighting by that date.. The electrical layout and its source has been revised from the original design. The source of power for the northwest parking lot and the street and parking lot located just south and east of the new police building will be wired from the new electrical panel located in the new police building. This power source location will be available approximately January 31, 1995. The contractor has requested the time extension to March 15, 1995 to �-- complete these lighted areas. 34 The source of power for the street lights located east and southeast of the City Hall building will be wired from the reconstruction of the existing City Hall building, and the • new completion date for that electrical work will be September 15, 1995. ' The power source for the lighting of the Civic Center parking lot will be wired from the new Civic Arena but the completion date of that area will remain as specified - September 15, 1995. The actual lighting of the fixtures in the Civic Arena parking lot may vary and will be dependant on the facility power source from the Civic Arena. It is anticipated that the power source will be available prior to September 15, 1995. See attached map for power source location. CONTRACT STATUS TIME/COMPLETION DATE Original Contract: November 1. 1994 (Interim) S 618.622.90 Change Order: # 1 March 15. 1995 (Interim) S (9.118.37) • Subtotal of Previous Change Orders: S 00.00 This Change Order: S (9.118.37) New Subtotal of All Change Orders: S (9.118.37) Revise Contrad: S 609.504.53 • RECOMMENDED FOR APPROVAL: By: By: Project Manager Contractor By: Date: City Department Manager • City of Eagan Council Action: Mayor: Clerk: Date: DISTRIBUTION 1 - City 2 - Contractor 1 - Engineer Attachment: Map • V 1 1 1 1 - .s. WESCOTT I ROAD , I I xEL, T;06 1 =A 1304 131.04'4°1 31.W / 159.115' I/ _ 11 tl • J— — 1• I ii ' ‘ _1 II ? II� l! J \5 11 I dTY rl _ _ _ I_.!_ � W►I.L — _ _ —i l; '' \\ \II NIN \ = j I 111 7 N • ' ; • iI IIII + 11+1 .. 1 . 3 1 t" ►' \ A LOT 1 V' A, _ 1 • • 10 k + 111 k - r. 7.-;III ✓✓�, � III h g J dent 44'48" E 1324.02 1�— l r _ 11--) b • ill 'W tt' t'., 7 III L . : i S .--111 r = • 111 I — L K 1 —; III I III �`•-�.�,.,i ; • a 111 . III 1 LOT 3 III avc ARENA III + TBACK II' ' 1 HI Hi _50.0' SETBACK . Hi _ 0.0' DEDICATED RIGHT-OF-WAY UI • I --- `� , N 89.48'26" E ---•-a POWER SOURCE FROM CIVIC ARENA --'—V POWER SOURCE FROM POLICE BLDG. . ••---.. POWER SOURCE FREMODELED CITY HALL Agenda Information Memo February 7, 1995, City Council Meeting ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE (DIFFLEY COMMONS 2ND ADDN) J. Contract 93-S, Acknowledge Completion/Authorize City Maintenance (Difiley Commons 2nd Addition-Streets & Utilities)--The installation of public streets and utilities to service the above-referenced subdivision was installed privately by the developer under the terms and conditions of the development contract for this subdivision. All inspection services have been provided by the City of Eagan and the improvements have been found to be in conformance with City standards and contract requirements. It is appropriate for the City Council to acknowledge the completion of this contract obligation and authorize perpetual City maintenance of these public infrastructure facilities. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Contract 93-S (Diffley Commons 2nd Addition - Streets & Utilities) and authorize perpetual City maintenance subject to all related warranty provisions. ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE (SIGNAL POINT) K. Contract 93-Y,Acknowledge Completion/Authorize City Maintenance(Signal Point- Utilities)—The installation of utilities to service the above-referenced subdivision was installed privately by the developer under the terms and conditions of the development contract for this subdivision. All inspection services have been provided by the City of Eagan and the improvements have been found to be in conformance with City standards and contract requirements. It is appropriate for the City Council to acknowledge the completion of this contract obligation and authorize perpetual City maintenance of these public infrastructure facilities. • ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Contract 93-Y (Signal Point - Utilities) and authorize perpetual City maintenance subject to all related warranty provisions. 3 Agenda Information Memo February 7, 1995, City Council Meeting ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE (TOWN CENTER 70 - 15TH ADDN) L Contract 93-N,Acknowledge Completion/Authorize City Maintenance(Town Centre 70 - 15th Addition - Utilities)--The installation of utilities to service the above-referenced subdivision was installed privately by the developer under the terms and conditions of the development contract for this subdivision. All inspection services have been provided by the City of Eagan and the improvements have been found to be in conformance with City standards and contract requirements. It is appropriate for the City Council to acknowledge the completion of this contract obligation and authorize perpetual City maintenance of these public infrastructure facilities. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Contract 93-N(Town Centre 70- 15th Addition-Utilities) and authorize perpetual City maintenance subject to all related warranty provisions. APPROVE CHANGE ORDER #1 (WATERVIEW ADDN) M. Contract 94-11, Approve Change Order #1 (Waterview Addition - Utilities)--This Change Order provided for the installation of utility services to 4732 Dodd Road (Parcel No. 040-27). The amount of this Change Order results in an additional $458.00. All costs associated with this Change Order will be 100% assessed to the benefitted property. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to Contract 94-11 (Waterview Addition- Utilities) and authorize the Mayor and City Clerk to execute all related documents. APPROVE AMENDMENT TO ENGINEERING CONTRACTS (FE,E SCHEDULE) N. Approve Amendment to Engineering Contracts(Fee Schedule)--The City has received a request from two of its municipal consultirsavgineering &pas requesting that their fee schedule be adjusted. Enclosed on pages through 1 is a copy of the current and proposed fee schedule with percentage increase identified. Both consulting engineering firms have received periodic and project evaluations and are providing a very good level of service at competitive prices. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the revised Engineering Fee Schedules as submitted. 34 FEE- 1 •115 WED 16 : 20 MSA ST PAUL P . 02 10 I CITY OF EAGAN 1995 ENGINEERING FEES SUMMARY PERSONNEL CLASS 1994 RATES PROPOSED 1995 RATES INCREASE Principal Engineer 77.88 81.00 4% Registered Land Surveyor 53.56.68.33 55.97-71.40 4.5 -4.5% Department Manager 53.56.68.33 55.97 -71.40 4.5-4.5% Project Engineer/Registered 53.56- 68.33 53.56-71.44 0-4.5% Engineer Structural Engineer 53.56-68.33 53.56-71.40 0-4.5% Environmental Engineer 53.56-68.33 53.56-71.40 0-4.5% Traffic Engineer 53.56-77.80 53.56- 81.00 0-4.0% Design Engineer/Civil Engineer 37.44-45.67 37.44-46.58 0-2.0% Surveyor 41.17-58.65 41.17-61.29 0-4.5% Senior Engineering Technician 39.32-62.45 40.90- 65.02 4.0-4.1% Technician 15.47-51.11 16.17-53.67 43 -5.0% Resident Project Representative 15.47-49.48 16.17-51.70 4.5 -4.5% Three-Person Survey Crew 84.94 - 111.90 .88.85 - 116.94 4.5 -4.5% Two-Person Survey Crew 66.97-72.14 70.00-75.39 4.5 -4.5% Word Processor/Computer 31.10-44.06 31.10-46.04 0-4.5% Technician Typist/Clerk 22.23-38.82 - 22.23=39.60 0-2.0% Average Rate Increase 2.2 -4.1% 02/02MM 12:05 FAX • SEH ST. PAUL 444 EAGAN a002/02 SCHEDULE • HOURLY BILLABBLE COST BY CLASSIFICATION(1) • CLASSIFICATION B;T,r,A_g E_- COST(1) O FICE STAFF Principal-Engiheer $85.25 -•$122.00 Project Manager $66. 55 -- $113.45 Project Engineer/Architect/Planner/Scientist $55.30 - $ 97.20 Staff Engineer/Architect/Planner/Scientist , $42.90 - $ 67.75 Lead Technician $49.60 - $ 66.20 Senior Technician $44.15 - $ 59.20 Technician $35.65 - $ 50.70 Associate Technician $31.00 -.$ 42.15 Word Processor $30,35 - $ 44.80 General Clerical $27.90 - $ 44.80 FIELD ;TAFF Lead Project Representative $46.5.0 - $ 67.70 Sr. Project Representative $40.30 - $ 55.35 Project Representative $34.10 $ 47. 60 • Survey Party Chief $40.00 - $ 65.60 Survey Instrument Operator $38.30 - $ 40.00 Survey Assistant $24.80 - $ 38.75 • (1) The actual rate charged is dependent upon the hourly rate of the employee assigned to the project. The rates shown are subject to change. • Issued: April 11, 1994 Empires: April 1, 1995 • 4b ° 02-02-95 11 :56AM P002 414 R■96% 1221 SCHEDULE B CLASSIFICATION HOURLY RATE 1244 1221 %Inc. Senior Principal $83.00 $85.50 2.9% Principal/Project Manager $73.00 $75.00 2.7% Registered Engineer/Architect $63.00 $65.00 3.1% Project Engineer/Architect $55.50 $57.00 2.6% Graduate Engineer/Architect/Field Supervisor $50.00 $51.50 2.9% Senior Draftsperson $45.75 $47.00 2.7% Senior Technician/Inspector/Draftsperson $45.75 $47.00 2.7% Technician $30.75 $32.00 3.9% Word Processor $30.00 $31.00 3.2% Clerical $23.25 $24.00 3.1% The above rates will be multiplied by 1.3 for review of private developers plans and inspection of private work to cover professional liability insurance costs and legal expenses. These rates are adjusted annually at the first of the year in accordance with the normal review procedures of Bonestroo,Rosene,Anderlik&Associates.Inc. Reimbursable Expenses-At Cost Reproduction,Printing,Duplicating Out-of-Pocket Expenses such as stakes,field supplies,telephone calls,etc. Mileage City of Eagan Agenda Information Memo February 7, 1995, City Council Meeting APPROVE COUNTY SIGNAL AGMT (LEXINGTON AVE & YANKEE DOODLE RD) O. Approve County Signal Agreement(Lexington Avenue&Yankee Doodle Road)—With the upgrading of Yankee Doodle Road (County Road 28) from Lexington Avenue through TH 149, the existing signal system at the Lexington Avenue intersection will have to be revised and relocated to accommodate additional turn lanes. This agreement is a standard agreement that the City and County have used for all previous similar projects, reviewed by the Public Works Director and found to be in order for favorable Council action. The estimated City's obligation for this project under this agreement is $22,500. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Traffic Signal Agreement #95-01 with Dakota County for City Project 638R (Yankee Doodle Road @ Lexington Avenue) and authorize the Mayor and City Clerk to execute all related documents. Agenda Information Memo February 7, 1995 City Council Meeting CONTRACT 95-02/LEXINGTON-DIFFLEY FENCING P. Contract 95-02,Approve Plans and Specifications and Authorize Advertisement for Bids, Lexington-Diffley Fencing--Plans and specifications have been prepared for the installation of backstops and outfield fencing at Lexington-Diffley Athletic fields. Included in the project is a neighborhood backstop for Holz Farm Park. Funding for the project is from the Park Site Acquisition and Development Fund. the work is to be completed in August, 1995. ACTION TO BE CONSIDERED ON THIS ITEM: To approve plans and specifications and authorize advertisement for bid for the Lexington-Diffiey Fencing, as presented. Agenda Information Memo February 7, 1995 City Council Meeting APPROVE CONTRACT/CIVIC ARENA PROJECT Q. Approve Contract with Lund-Martin, and Authorize Mayor and City Clerk to Execute Contract,Civic Arena Project—The City Council,at its workshop session of January 24, 1995, approved the construction package for the Civic Arena Project; including bid alternates identified as "Package A." It would be appropriate for the Council to formally approve the contract with Lund-Martin Construction and authorize the Mayor and City Clerk to execute a contract. - ACTION TO BE CONSIDERED ON THIS ITEM: To award the Civic Arena project including Package A of the bid alternates to Lund-Martin, as presented. (.4 4 • Agenda Information Memo February 7, 1995 City Council Meeting WADER OF SUBDIVISION/EHW PROPERTIES • R. Waiver of Subdivision, EHW Properties, NW 1/4 of Section 28—EHW Properties is requesting approval of a waiver of subdivision for the purpose of legally separating 8.4 acres from an approximately 33 acre unplatted parcel located on either side of Johnny Cake Ridge Road, south of Diffley Road. This property was severed into two parcels with the construction of Johnny Cake Ridge Road, but there was no separate parcel identification number given at that time. There is no zoning change or proposed development associated with this request. Approving the waiver will allow Dakota County to assign a new tax identification number to the 8.4 acre parcel. The Advisory Planning Commission conducted a public hearing on this matter at its meeting of January 24 and recommends approval. Enclosed on pages yG through is a copy of the staff report and corresponding APC minutes. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the waiver of subdivision requested by EHW Properties for 8.4 acres located in the northwest quarter of Section 28 Page 2 January 24, 1995 ADVISORY PLANNING COMMISSION Chairperson Miller moved, Segal seconded, the nomination of Wallace as Commission Vice Chairperson. Acting Chair Mill r moved, Heyl seconded, the motion to close the nominations. All pr sent voted in favor. Member Wallace was elected as Commission Vic Chairperson. Burdolf moved, Isberg seconded, to nominate Member Segal as Commission Secretary. Heyl moved, Wallace seconded, a motion to close nominations. All approved in favor. Member Segal was 1 cted as Commission Secretary. Chairperson Miller explained the procedures and process of th Advisory Planning Commission hearing. PUBLIC HEARINGS WAIVER OF SUBDIVISION - EHW PROPERTIES Chairperson Miller opened the first public hearing of the ev ning regarding a Waiver of Subdivision to formally split a 8.4 acre portion of P.I.D. #10-02900-022-50 from the parent 38.1 acre parcel, which is physically separate from the parent property by Johnny Cake Ridge Road and located north of Oak Ridge Elementary School, on the east side of Johnny Cake Ridge Road in the NW; of Section 28. Project Planner Ridley introduced this item. Mr. Ridl y highlighted the information presented in the City staff's planning report dated January 11, 1995. Ridley noted the background and 'history, the existing conditions and the surrounding uses of the subject property. Mr. Ridley noted that the waiver of subdivision is requested in order that the subject property can be split as two separate parcels for tax identification purposes. John Wilmus,' the owner of the subject property, stated that he concurs with and has nothing to add to Mr. Ridley's presentation. Member Heyl stated that the applicant's request is self- xplanatory as set forth in the City staff's planning report and that the City has granted waiver of subdivision to other applicants throughout the years. Heyl further noted that before th parcels can be developed, each parcel must then be platted and City regulations must be followed. Heyl, therefore, moved, Isberg seconded, a motion to approved a Waiver of Subdivision to formally split a 8.4 acre porti n f P.I.D. #10-02900-022-50 from th par nt 38.1 acre parc 1, which is physically s parate from th par nt property by Johnny Cak Ridg Road and 1 cat d n rth f Oak Ridg El mentary Page 3 January 24, 1995 ADVISORY PLANNING COM IISSION School, on the east side of Johnny Cake Ridge Road in the NW; of Section 28, subject to the following conditions: 1. No building permit, grading permit, or other permit r quired to develop or to construct any structure upon the pr perty shall be issued unless the property is first platted. 2. The property shall be subject to all subdivision r gulations in effect at the time of platting. All approved in favor. 4. 1 PLANNING REPORT CITY OF EAGAN REPORT DATE: January 11, 1995 CASE #: 28-W-1-1-95 APPLICANT: EHW Properties HEARING DATE: January 24, 1995 PROPERTY OWNER: Thomas M. Wilmus PREPARED BY: Mike Ridley REQUEST: Waiver of Subdivision LOCATION: NW 1/4 of Section 28 and NE 1/4 of Section 29 COMPREHENSIVE PLAN: D-II, Mixed Residential (0-6 units/acre) ZONING: R-4, Multiple Family SUMMARY OF REQEST U EHW Properties is requesting approval of a Waiver of Subdivision for the purpose of legally separating an 8.4 acre portion of an approximately 33 acre unplatted parcel (P1D# 10- 02800.022-50). The waiver will allow Dakota County to assign a new identification number to the 8.4 acre parcel located east of Johnny Cake Ridge Road,just north of the Oakridge Elementary school, so that it can be sold. There is no zoning change or proposed development associated with this request. The entire parcel is located east of I-35E and south of Diffley Road, on either side of Johnny Cake Ridge Road. BACKGROUND/HISTORY_ The subject 8.4 acre parcel and an 8.8 acre parcel located north of the property owned by the United States Postal Service were physically separated from the parent parcel in 1989, when Johnny Cake Ridge Road was extended from Woodgate Lane North to Diffley Road. The only previous proposal for the 8.4 acre parcel was the recently denied rezoning request for the Oakridge Family Housing project. EXISTING CONDITIONS The 8.4 acre site falls approximately 24' from a high point at the northeastern edge to the southwestern edge of the property. The site has been previously graded and except for one large oak tree on the eastern property line, the site is covered with scrub grass and insignificant volunteer tree growth. 3 Planning Report - EHW Waiver January 24, 1995 Page 2 SURROUNDING USES The following uses, zoning and comprehensive plan designations surround the subject property: North -Undeveloped; zoned R-4, Multiple; guided D-II, Mixed Residential (0-6 u/ac) • South -Oak Ridge School/Downing Park; zoned and guided PF/P, Public Facility/Park East - The Trails of Thomas Lake (15 four-plex buildings); zoned PD; guided D-II West - Undeveloped; zoned R-4; guided D-III, Mixed Residential (6-12 u/ac) SUMMARY/CONCLUSION The property owner is requesting a waiver from subdivision regulations so the property can be split and sold without being subject to subdivision requirements and dedications. The requested waiver will simply provide a legal separation of two parcels that were physically split previously by a City street. ACTION TO BE CONSIDERED To recommend approval/denial of a Waiver of Subdivision for the purpose of legally separating an 8.4 acre portion of an approximately 33 acre unplatted parcel (PID# 10- 02800.022-50) located east of I-35E and south of Diffley Road, on either side of Johnny Cake Ridge Road, subject to the condition listed below. 1. No building permit, grading permit, or other permit required to develop or to construct any structure upon the property shall be issued unless the property is first platted. 2. The property shall be subject to all subdivision regulations in effect at the time of platting. FINANCIAL OBLIGATION - Waiver of Subdivision W-28-1-1-95 There are pay-off balances of special assessments totaling $187,822 on the parcel for which the waiver of subdivision is requested. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Lateral Benefit Water M.F. $25.50/ff 231.63 ff $ 5,907 Lateral Benefit Storm Sewer M.F. $21.70/ff 231.63 ff 5026 Total ;10,933 • The above financial obligation is presented for the Council's information, and property owner's information. It is limited to the 8.4 acre parcel just north of the elementary school. Because the remaining parcels are large enough for future development, the financial obligation will be satisfied when the property is subdivided. • S. • Qr ,� N1 �ro¢tt.� �' _�` rip _..�`' 4�,rI�oa• ra Ks1' Yn�ui] tip fi u •SW v - , y �� 0 ,.. 4. r as ;;,ia, • • eigiell.l. ` t! 5 . +• � . It r. - co# • _ .'l- II .r, Mai �T� / q l• CENTIR {{ GCS , '�'• 3. •415 "ik a err, "I yvatvry/5 2 44. - ,. •- I A irk.,fre. . Lai'Lli. I • liii — ----- .A.--,_-_=:,. Ifit) 'I it rIAK Siiiiiii ii),.. --. ,frititi --TA' G 'd •0 i ,T f t,,, NVIIII j 0 �. ' N y ...-,., .,0,"I'"‘'.• '•wir zaw- • • PT 110.S.DER RIM PT: ..,.1 ir rn,2111AA.PT -U Jib .,)Al • 1 1 u Oa w sa ' _ '1 ! i E , • , , on itt . 1.41� c.. .CR , - .I� Ora�,KEE 1 6 X L r. , •,..:,,, _'Tom-'"� "1T:-; ...__;,.:-.•-11 il.SA.-. 1.7_73711' - OgcIF- .= ' ..._.i=i—., (§ .-1).* ,&,.. ' Cirit,/ 7 .,ill 4---)s,,,„%; 4 • _ ff* .--?‘... i;'"'-_-_.:4-Ir - ( 1412. IT MOWN /�li Rc * r e CLE PAW j ` 4 ..yK v 1.1. � ;'�;L. 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T ...I' 1 of O ;. , t f I 4,, t`b . ..d 1' 3 I 1 k .wf 4 1 191 i s . i i i 1 ..1.;4' • 447. 4. 1k4ite' '''. • . ...lam_' _ �._��*•` _ 5 .2 . I . Agenda Information Memo February 7, 1995 City Council Meeting ORDINANCE AMENDMENT/SECTION 13.10 S. Ordinance Amendment,Section 13.10,Regarding Requirements of Preliminary and Final Platting—Two amendments to the City's subdivision regulations (platting) are proposed in response to the recent Caponi lawsuit. The City's authority to regulate land subdivision is governed by State Statute which requires the City to take action to give preliminary approval or disapproval of a subdivision application within 120 days following delivery of an application completed in compliance with a municipal ordinance unless an extension of the review period has been granted by the applicant. This proposed amendment would define "completed application" as having the proper zoning and a guide plan designation in place for the subject property as well as the existing application requirements. In addition, we are administratively preparing a consent to waiver form that allows an applicant to waive the 120 day timeline in instances where he is requesting concurrent processing of actions such as guide plan amendments, rezonings and preliminary subdivisions. The consent to waiver form has been brought on-line administratively and has already been issued to two recent applicants requesting a guide plan amendment, rezoning and subdivision. The second part of the proposed amendment to Chapter 13 involves revising the City's processing requirements to be identical to those found in Minnesota Statutes 462.358, Subdivision 3B. The Advisory Planning Commission conducted a public hearing on this matter at its meeting of January 24, 1995 and reco ends approval. The staff report and corresponding APC minutes are attached on pages s through If, . ACTION TO BE CONSIDERED ON THIS ITEM: To approve the ordinance amendment to Chapter 13, Section 13.10,regarding requirements of preliminary and final platting,as presented. • 53 Page 22 January 24, 1995 ADVISORY PLANNING COMMISSION ORDINANCE AMENDMENT - CITY OF EAGAN Chairperson Miller opened the next public hearing of the vening regarding. an Ordinance Amendment to amend Chapter 13, ntitled "Subdivision Regulations (Platting) " by amending Section 13.10, regarding requirements of preliminary and final platting. City Project Planner Mike Ridley introduced this item. Mr. Ridley highlighted the information presented in his memorandum to the Advisory Planning Commission dated January 18, 1995. Mr. Ridley advised that the City Attorney prepared two ordinance am ndments, revising Section 13.10, Subd. 2 and Subd. 3 (a) and S ction 13.10, Subd. 5. Mr. Ridley stated that the amendment clarifies the 120-day time limit on which the City must act on landuse applications. In response to Member Heyl's inquiry, City Attorney Dougherty stated that the amendments are not substantive changes to the ordinance, but merely clarification. Heyl moved, Miller seconded, a motion to recommend approval of both Ordinance Amendments regarding Chapter 13, entitled "Subdivision Regulations (Platting) " by amending Section 13.10, ✓ garding requirements of preliminary and final platting. All approved in favor. 51 MEMO __city of eagan TO: The Advisory Planning Commission THROUGH: Peggy Reichert, Community Development Director FROM: Mike Ridley, Project Planner frig. DATE: January 18, 1995 SUBJECT: APC Agenda - Ordinance Amendment The ordinance amendment listed as Item F. on the January 24, 1995 APC Agenda pertains to two proposed revisions to City Code Chapter 13, "Subdivision Regulations (Platting)". The City's authority to regulate land subdivision is provided by State Statute. In part, Minnesota State Statute 462.358 states: "A subdivision application shall be preliminarily approved or disapproved within 120 days following delivery of an application completed in compliance with the municipal ordinance by the applicant to the municipality, unless an extension of the review period has been agreed to by the applicant." Currently, the City accepts different but related applications for a subject parcel (ie. comp guide amendment, rezoning, and preliminary subdivision) at the same time and attempts to process them concurrently. There are potential timing problems with this procedure in regard to the 120 day time limit. For instance, all amendments to the Comprehensive Guide Plan require approval by the Metropolitan Council (up to a 90 day review period) before the City can adopt any formal amendment and act on any associated rezoning and/or subdivision request. Secondly, a recent rezoning and preliminary subdivision request was heard by the APC(which recommended denial of the rezoning with no action taken on the subdivision), then by the City Council (rezoning approved)who referred the subdivision back to the APC for review. Ultimately, the 120 day clock expired before the City Council took action on the preliminary subdivision request, the applicant 'Mated litigation, and the Court ordered the City to certify preliminary approval of the subdivision. • The proposed amendment will allow the City to consider any preliminary subdivision application incomplete until the proper Guide Plan designation and/or zoning is in place. The second part of the proposed amendment to Chapter 13 involves updating Section 13.10, Subd. 5. Final Plat., to make it less cumbersome and to have the City's processing requirements be identical to those found in Mn State Statute 462.358, Subd. 3B. 5(0 t • Man ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER THIRTEEN ENTITLED "SUBDIVISION REGULATIONS (PLATTING) " BY AMENDING SECTIONS 13.10, SUBDIVISION 2 AND 13.10, SUBDIVISION 3, REGARDING APPLICATIONS PROCEDURES AND APPROVAL PROCESS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 13.99. The City Council of the City of Eagan does ordain: S ction 1. Eagan City Code Chapter 13 is hereby amended by changing S ction 13.10, Subd. 2, to read as follows: Subd. 2. Petitions. All petitions for preliminary plats and final plats shall be filed with the City Clerk and shall include all of the information required on the petition form provided by the City and all the information required by this Chapter. A petition filed with the City Clerk, which if approved by the City Council would require a Comprehensive Guide Plan Amendment or a rezoning. shall be deemed incomplete under Minn. Stat. 5462.358 and this Chapter. until such time as the City Council has approved the Comprehensive Guide Plan Amendment and/or the rezoning. It shall be the obligation of th petitioner to provide all -required- information required by this Chapter and failure to do so may be used as a reason for the City Council to deny said petition. Section 2. Eagan City Code Chapter 13 is hereby amended by changing S ction 13.10, Subd. 3A to read as follows: Bubd. 3. Preliminary Plat-General Design. A. Petition. The preliminary plat general design submission, shall at a minimum -.hell include All the 2cquircd information required by this Chapter, all the information required on the petition, as adopted by the City, as well as the following: 1. Six (6) full size copies and one (1) 8" x 11" reduction of each general design plan, _-_'__;_:g which plan shall include all thg specified information as required in this Chapter. 2. Fees as established by resolution of the C uncil. Si . . . D E o11 3. Abstractor's Certificate of property owners within 350 feet of the subject land. 4. Exact legal description of the property. 5. .A 4mmiNAANKF signed petition form, as adopted by the City, toaether with all documents referred to therein. 6. A signed escrow agreement, and all required funds thereunder, as adopted by the City. Section 3. Eagan City Code Chapter 1 entitled "General Provisions and D finitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 13.99, entitled "Violation a Misdemeanor" are h r by adopted in their entirety by reference as though rep ated ✓ rbatim. S ction 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Dat Ordinance Adopted: Dat Ordinance Published in the Legal Newspaper: Date f Advisory Planning Commission Hearing: 58 Liu U ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER THIRTEEN ENTITLED "SUBDIVISION REGULATIONS (PLATTING) " BY AMENDING SECTION 13.10, SUBD. 5 REGARDING FINAL PLAT; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 13.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Thirteen is h reby amended by deleting Section 13.10, Subbed. 5. Section 2. Eagan City Code Chapter Thirteen is her by amended by adding Section 13.10, Subd. 5, to read as follows: Bubd. 5. Final Plat. A. Requirements Prior to Final Plat Approval. The following information shall have been received by the City, prior to Council approval and the recording a final plat with the County. 1. A preliminary plat in accordance with the provisions of this Chapter. 2. An "Environmental Assessment .Worksh t" when required by and subject to the provisions of Minnesota State Statutes. 3. Approval by the Dakota County Plat Committee for all plats fronting on a Dakota County Highway and approval by the Minnesota Department of Transportation for all plats fronting upon a State or Federal Highway. 4. Execution of a Planned Developm nt Agreement for property zoned as "Planned Development". 5. A completed and signed final plat application as prescribed by the City. 6. Payment of all fees as established by resolution of the Council. • 7. Ten (10) copies of the final plat plus one (1) copy of the hard-shell for the permanent files of the City which shall be the same as the document to be filed with Dakota County. (See Section 13.30, Subd. 3) . 8. A d t rmination by th C uncil n th meth d by which park d dication shall be satisfied. . • • umor 9. An ngin eying feasibility study f r City installed public improvements and Council award of the improvement project. 10. Submission of all data and details as required under Section 13.3.0 of this Chapter. 11. Easements or deeds as may be required by the City for trailways, ponding, parks, utilities or similar public purposes in a form prescribed by the City Attorney. 12. Submission of cash escrow, letter of credit or similar guarantee as required under the Development Deposit Agreement. 13. Execution of a Development - Contract, drafted by the City, embodying the terms and conditions of approval. 14. Submission of a cash escrow, letter of credit or similar guarantee to guarantee performance of the terms and conditions set forth in the Development Contract. 15. Evidence of title certified to date. B. Staff Review. Within ten (10) working days after the final plat application has been received the City shall complete the initial review to determine if all required information has been filed. If it has not, the petitioner shall be so informed. However, failure by the City to inform the petitioner does not obligate the City in any manner. When the provisions of this Section 13.10,. Subd. 5 have been completed, the City Administrator shall schedule the final plat for a regular Council meeting. C. Signing and Recording of Final Plat. 1. Right to Convey Individual Lots.. No right to convey individual lots shall accrue to any plat by reason of preliminary or final approval until the actual signing of the plat by City officials and the recording of the plat with Dakota County. 2. Signing of Plat. The final plat shall not be released by the City Clerk for recording with Dakota County until the following has occurred: (a) The signature of the Mayor, or in his or her absence, the Acting Mayor, has been recorded on the plat attesting to the date upon which the Council approved the final plat. (b) Th signature of the City Clerk and s al of th City has been r cord d on the plat attesting to 13221 the above-referenced actions by the City and the validity f the signatures. (c) The letter of credit, performance bond, cash escrow or similar guarantee for the final plat application escrow and contract management escrow requir d by the development escrow agreement has been received. (d) The final plat shall lie sign d within ten (10) days of Council approval if all of th required material is on file. 3. Recording of Plat. It shall be the responsibility of the subdivider to file the plat with the Dakota County Recorder within sixty (60) days from final plat approval by the Council, unless a time extension has been granted by the Council. Failure to record the plat within the sixty day period shall render final plat approval by the Council null and void until a new application has been processed and approved by the City unless the Council has granted an extension of time in which the final plat shall be recorded. 4. Proof of Recording. The City shall not issue building permits or commence construction. under public utility or street contracts on the platted property until such time as the City Clerk has been satisfied that the plat has been recorded with the Dakota County Recorder. If problems arise which are beyond the subdivider's control, the City can waive this restriction. Section 2. Eagan City Code Chapter 1 entitled "Gen ral Pr visions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation", and Section , entitl d "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect up n its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Dat Ordinance Published in the Legal Newspap r: ca • r Agenda Information Memo February 7, 1995 City Council Meeting AWARD DASHER BOARD SYSTEM/CIVIC ARENA T. Award Dasher Board System Proposal,Civic Arena—As part of the Civic Arena Project, bid proposals were solicited for dasher boards. After review of the proposal, it is recommended that the contract be awarded to Becker Arena Products in the amount of $98,405.30, and that the Mayor and City Clerk be authorized to execute a contract. This price reflects the labor discount-for installation by the Civic Arena Committee. (Note: Meeting with the dehumidification proposers is set for February 7, 1995 and refrigeration for February 14, 1995; awards for these packages will follow.) ACTION TO BE CONSIDERED ON THIS ITEM: To award the dasher board contract to Becker Arena Products in the amount of $98,405.30, as presented. (iip Agenda Information Memo February 7, 1995 City Council Meeting CHANGE ORDER/POLICE DEPARTMENT BUILDING PROJECT U. Change Order,Police Department Building Project,Northland Concrete—At its meeting of January 17, City Council approved Change Orders for the Police Department building project with the exception of $2,248 for pco #37 incorporated in Northland Concrete Change Order #3. After further review with the construction manager and architect, it has been determined that the expansion joint covered by the $2,248 addition was necessary to stabilize the brick facade of the existing building. As such, it would not have been included in the construction plans for the police building itself. Its location, however, required fist it be done prior to enclosure of the police facility. Enclosed on pages through is correspondence from the construction manager's office covering this change order. It is in order for consideration by the Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Northland Concrete's Change Order #3/pco 37 in the amount of $8,952.84. (' 3 MEMO TO: Jon Hohenstein City of Eagan FROM: Cheryl Badinger E&V, Incorporated DATE: January 30, 1995 RE: City of Eagan - Police Facility Northland Change Order 03 Previously the council had requested that Northland Concrete's Change Order No. 03, PCO 37 be broken out to show the Add of$2,248.00 on a separate change order. We have reviewed the request and have determined it would be very confusing and unclear as to the intent of the change. The City Council will still need to approve the $2,248.00 add, even if they elect to have someone else pay for the add. Therefore, I am returning the change order for council approval as originally written. If you have any questions, feel free to contact me. CLB Attachment cc Mike Stowe ti( CHANGE ORDER PCO No. 37 PROJECT: City of Eagan CHANGE ORDER NUMBER: 03 Police Facility Eagan, Minnesota INITIATION DATE: December 7, 1994 TO CONTRACTOR ARCHITECT'S PROJECT NO: 624.A Northland Concrete&Masonry CONSTRUCTION MANAGER'S PROJECT NO: 9423 12026 Riverwood Drive Burnsville,MN 55337 CONTRACT FOR: Bid Division 02: Masonry and Stone CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: Provide all work associated with the following item(s)stated in Field Change Authorization No. 7, dated August 19, 1994: • Accomodate for additional sump in Bulletin NCI.'5. ADD $150.00 o Provide all work associated with the following item(s)stated in Bulletin No.2,dated July 22, 1994,as per your proposal dated September 19, 1994: • Install new brick expansion joints as per Drawings RA2 & RA3. ADD $2,248.00 . o Provide all work associated with the following item(s) stated in your proposal dated September 29, 1994: • Build extra brick sample. ADD $0.00 o Provide all work associated with the following item(s)stated Bulletin No. 15,dated October 3, 1994,as per your proposal dated November 14, 1994: • Revise screen wall at emergency generator. ADD $5,500.00 o Provide all work associated with the following item(s) stated in Bulletin No. 16, dated October 5, 1994, as per your proposal dated October 27, 1994: • Revise walls of Cell 155 per Drawing RA16. ADD $250.00 o Provide all work associated with the following item(s)stated in Bulletin No. 18,dated November 2, 1994,as per your proposal dated November 11, 1994: • Add junction boxes. ADD $48.98 o Provide all work associated with the following item(s) stated in your proposals dated November 11;1994: • Cut spancrete and grout for bolts. ADD $755.86 TOTAL ADD$8,952.84 Not valid until signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith,including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was $ 570,000.00 Net change by previously authorized Change Orders $ 1,383.18 The Contract Sum prior to this Change Order $ 571,383.18 The Contract Sum will be increased by this Change Order $ 8,952.84 The,new Contract Sum including this Change Order will be $ 580,336.02 The Contract Time will be unchanged by (0)Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Recommended by Construction Manager Armroved by Architect E&V, Incorporated Thorbeck Architects Minneapolis,MN Minneapolis, MN By: 2 Date: /0/9 yy Date: l2/2b f 4 Agreed to by Contractor Authorized by Owner Northland Concrete&Masonry City of Eagan Burnsville,MN / / Eagan, MN By a%./I r By: Date —/ Le Date: Agenda Information Memo February 7, 1995, City Council Meeting WEST LONE OAK ROAD A. Project 679, West Lone Oak Road Storm Drainage--On November 15, December 7, December 20 and January 17, the City Council has reviewed the concerns and requests of Mr.&Mrs. Schwab,who reside at 1555 Lone Oak Road,regarding the drainage and related erosion coming from the rural drainage ditch of County Road 26 (Lone Oak Road). Enclosed on pages C,7 through '? is a copy of the Public Works Committee agenda which provides the background information pertaining to this issue and also the minutes reflecting the Committee's action. Also enclosed on pager 71. tb ugli is a letter informing the property owners of the Council's intent to consider this request to a resolution at its meeting on February 7, and the property owner's response. Enclosed on pager,is a letter received by staff from the property owners. The Public Works Director will be available to provide additional input as may be necessary to better understand the issues and options available. Representatives from the Dakota County Highway Department will also be available for any similar questions. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the recommendation of the Public Works Committee regarding proposed Project 679 (West Lone Oak Road - Storm Sewer) and approve/deny the preparation of a feasibility report or other such action as may be deemed appropriate. G4 AGENDA Public Works Committee Meeting Thursday, 12-15-94, 6:00 P.M. Eagan Municipal Center 1. Call To Order/Adopt Agenda IL Consider Authorization of Feasibility Report (West Lone Oak Road - Storm Drainage) 111. Other Business N. Adjourn • 6,1 PUBLIC WORKS COMMITTEE 12-15-94 II. Project 679, Consider Authorization of Feasibility Report (West Lone Oak Road - Storm Drainage) Councilmember Awada brought to the City staff's attention a complaint and concern she had received from James and Bernice Schwab (1555 Lone Oak Road) regarding an ongoing drainage and erosion problem that they are experiencing on their property. The staff has been aware of this problem since at least 1990 and has involved Dakota County h addressing this issue. Enclosed is a topographic representation of the property in question showing the relationship of the house to the drainage from the north rural ditch section of Lone Oak Road (County Road 26). Also attached are copies of correspondence forwarded to the Schwabs from both the City and the County dated July 23 and August 1, 1990, respectively. Also enclosed is the most recent correspondence forwarded to the property owners dated July 25, 1994. This item was discussed by the City Council at their regular meetings of November 15 and December 7 with a recommendation that it be forwarded to the Public Works Committee for further review, discussion and a recommendation for Council consideration at the December 20 Council meeting. The Public Works Director and representatives from the County Highway Department will be In attendance to provide additional information to assist the Committee in their discussion of this issue. RECOMMENDATION: I I i •• ) .• . ,...........,.4 , 7 ., /. . •, ,_ _..o> ______:y—i. ii ; ! i . -.) i ! , 4•,.. ".. " (1:::...:. b4'1...Nydee,/ .....• . I..'.% 6 .;.... . 8 1 eil t'l I s).....sLig ,...••• ..): 114' •' I . 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IL .A1tx . • { ,,, _city of =man 3830 PILOT KNOB ROAD THOMAS EGA EAGAN,MINNESOTA 55122.1897 AV PHONE:(612)4548100 DAVID K GUSTAFSON FAX:(612)4544363 PAMELA McCREA TIM PAWLENIY TFEODORE WACf(TER . acro Members July 23, 1990 - T'OMASHEDGES City Admmstre•.o, ELIGE,E VAN OVERBEKE C+ry Clerk MR JIM SCHWAB ' 1555 LONE OAX RD EAGAN MN 55121 Re: Lot 202, Zehnders Acres Drainage From Lone Oak Road (County Road 26) Dear Mr. Schwab: . A few weeks ago, I visited with you at your property to review the drainage concerns that you have expressed over the past years . ✓ garding the runoff from the north ditch line of County Road 26 (Lone Oak Road) . Your initial concerns pertain to the erosion and the subsequent redirecting of the runoff of the water as it leaves the . west end of the culvert underneath 1539 Lone Oak Road immediately to the east of your property. As you are aware, based n your concerns, the Dakota County Highway Maintenance Department re- stablished the drainage line by installing several cubic yards f large "rip-rap" (boulders and stones) . This will help direct the runoff to the south side around the front your house where it can continue down towards T.H. 13. Enclosed you will find a topographic elevation map showing 2 ' contour intervals that were taken from an aerial photograph in 1966 with the lot lines and your particular house drawn in, based on legal descriptions and aerial photos. As can be seen, the natural t pography has always allowed surface water runoff to discharge ' primarily across your lot approximately where your house was ✓ cently built. Based on this pre-existing condition, it is an inherent responsibility of the home builder and/or new property owner to adequately protect their house from this pre-existing surface water runoff. During my site visit with you, we discuss d th benefits of building a protective landscaped berm across the front of your house (south side) that would help redirect this drainage around your property during high intensity peak rainfall ✓ nts. While you indicated that the individual who owned th property before you purchased it and built your home stated that they n ver had a pr vious drainag problem, it is highly unlikely 1 that any problem would hall b n - - in this heavily wood d • ID THE LONE OAK TREE...THE SYMBOL OF - W . "s GROWtH IN OUR COMMUNRY Equal OPPorlunliVAn rmative AcIIor Employ r Page 2 • vacant area without the existence of a structure and landscap d ar a that is inherently affected by the types of storms that we ✓ cently experienced. !► u indicated a desire and need for the installation of storm sew r facilities along County Road 26 (Lone Oak Road) . Based on the scheduled Capital Improvement Programs for the City and County, it is unlikely that this type of improvement would occur within the n xt five years. Therefore, you may wish to investigate further th protective landscape terming that we recently discuss d. Hopefully, the recent work completed by the Dakota County Highway Department will help minimize any similar future problems associated with erosion and runoff. I r gret that you experienced the problems that you did with the recent rainfall and hope that the action performed by the County and the information provided by the City will help you in the future. Sincerely, 1:// 1 Thomas A. Colbert, P.E. Dir ctor of Public Works TAC/jj c: Bob Egan, Dakota County Maintenance Engineer Parcel File Enclosure • .17 DAKOTA COUNTY -Mt�ERD . HIGHWAY DEPARTMENT (512) 431.1150 r", 7300 WEST 147Th STREET. SUITE 4402 APPI F VAl I EY. MINNESOTA r o^.1 1. •l' i. August 1, 1990 Mr. Jim Schwab 1555 Lone Oak Road Eagan, MN 55121 Re: Lot 202, Zehnders Acres Drainage From Lone Oak Road (County Road 26) Dear Mr. Schwab: As you requested, I once again reviewed the drainage problem at your home. The rip-rap that we installed at the end of the culvert is properly diverting the water as you requested. It was my understanding that you were to then maintain the ditch after it entered your property. The asphalt flumes that we constructed in the ditch will not increase the flow or speed of the runoff. Also from the information I have received from others, I fully agree with the contents of Tom Colbert's , July 23, 1990, letter regarding this matter. Sincerely r • \' SIT\50\. ,\‘\% , rA,IN)<"\ Robert W. Egan, P.E. Construction/Maintenance Engineer RWE/m j l Encl. cc: Tom Colbert Taud Hoopingarner 417L. AN EQUAL OPPORTUNITY EMPLOYER I city of acigcin THOMAS EGAN Mayor 25. 1994 PATRICIA AWADA SHAWN HUNTER SANDRA A.MASIN THEODORE WACHTER Carnet Mrambors MS BERNIE SCHWAB THOMAS HEDGES 1555 LONE OAK RD City Apminstiator EAGAN MN 55121 E.J. VAN OVERBEKE Ctiy Clerk Re: Lot 202, blinders Acres Drainage From Lone Oak Road (County Road 26) Dear Ms. Schwab: Last week, you contacted me regarding your continual ongoing problems of erosion and sedimentation resulting from runoff from County Road 26 (Lone Oak Road) on the above-referenced property. I recalled your situation from several years ago and researched the file to find the enclosed letter from the City,dated July 23, 1990, and the County, dated August 1, 1990. I also had an opportunity to do a very quick review of your property and could see the areas of your concern. Due to a vacation schedule, I will not be able to meet with you and Bob Egan, of Dakota County, until the first or second week of August. However, I wanted to share with you the fie information that we had and to offer some preliminary observations that can be further discussed when we meet with you at the site. My first observation is that the erosion control performed by Dakota County appears to be effective in preventing any erosion of the bank. However,the 'deflection" berm that you have constructed along your south property line appears to be eroding and washing out onto your driveway and the western portion of your lawn. It appears the main problem with this runoff is the erosion and sedimentation that it creates. If your diversion berm were to be stabilized with large rip-rap type rock on top of a filter blanket, it appears you might be able to handle the drainage without any adverse Impact. I hope this response provides you with some additional information to think about. If I don't contact you by August 8, please call me and I will make sure to schedule an appointment as requested. Sincerely, • 4/17744-a Thomas A. Colbertcriz,.. 4.4,/- . Director of Public Works TAC/IJ cc: Bob Egan, Dakota County (W/Enc.) Parcel File Enclosure: Letter Dated July 23, 1990 • MUNICIPAL CENTM THE LONE OAK TREE MAINTENANCE FACILITY MO PLOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN UR COMMUNITY 3601 COACHMAN POINT EAGAN.MINNESOTA 561'22.11197 EAGAN.MNNESOTA 551M PHONE:(612)661. 603 PHONE:(612)6111-I3C0 FAX(612) 2 Equal Oppg01733mottve Action Employer FAX(612)6111635 1ca:(612)1Sie5 35 1DD (612)66141535 I • PUBUC WORKS COMMITTEE MEETING THURSDAY, DECEMBER 16, 1994 Following are those who were in attendance for the Public Works Committee meeting held at 6:00 p.m., on Thursday, December 16: - Ted Wachter (Chairman) Mayor Tom Egan • Tom Colbert (Public Works Director) Dave Everds (County Highway Engineer) Mark Hanson (BRAA Consulting Engineer) Review Drainage Problem for 1555 Lone Oak Road (Proposed Protect 679 - W. Lone Oak Road Storm Drainage) After a brief review of previous correspondence by the City and the County to the affected property owners (Jim and Bernie Schwab), Dave Everds provided polaroid photos of the drainage ditch, culverts and aerial photos further describing the location of the problem and identifying other areas of similar drainage and erosion concerns along Lone Oak Road(County Road 26). He reviewed the natural (historical)flows based on topographic contour maps and the previous efforts made by the County Highway Department to stabilize erosion on the side slope in 1990 and, most recently, placement of a bituminous shoulder along the north edge of Lone Oak Road to further stabilize any upstream erosion. The Public Works Director reviewed the historical information in the parcel file relating to the original building permit Issuance Including an architectural site plan (containing reference: contractor to provide positive drainage away from residence) and a topographic contour map that showed a proposed house location further to the north out of the historical drainage way. After reviewing this information,the Committee concluded that there appeared to have been a shift in the house location from the building permit reviewal to its current location in the drainage way. In response to questions regarding the proposed timing of upgrading Lone Oak Road, the Public Works Director responded that it is identified in both the County and the City's 5-Year CIP as being a 'future' project with no defined year. Dave Everds indicated that the County would be receptive to a requested year by the City. 1 -14 Chairman Wachter asked Mark Hanson various questions regarding the drainage shed and temporary versus permanent storm sewer requirements. Mark Hanson responded with various ballpark cost estimates for various scenarios that ranged from $20,000 - $60,000. Mayor Egan indicated that there appeared to be a benefit and ability to assess the costs associated with the full-fledged storm drainage project if it was buitt, but also recognized that it wouldn't solve the internal drainage problem that is presently being handled by the property owner's sump pump. Chairman Wachter indicated that both the temporary and permanent storm sewer options would be premature and uneconomical N done in advance of the urban upgrading of Lone Oak Road. Both Committee members - Wachter and Egan then questioned what would be involved with temporary erosion control measures in lieu of a storm drainage system installation. Through a collective response by Everds, Colbert, and Hanson, It was determined that the stabilization of the side slope from the nearest upstream culvert to the bottom of the slope could cost approximately$3,000 in material,with design and labor installation being provided through a concerted joint effort of City and County employees. To continue the erosion control and drainage stabilization across the Schwab's property would cost additional dollars. After a summary review of all information,the Committee recommended that the City and County jointly perform a temporary erosion control improvement from the nearest upstream culvert outlet to the bottom of the hill and offer to continue it across the Schwab's property if they are willing to pay the related expenses. Further,they indicated that if the property owners wanted to have a full-fledged storm drainage analysis done, including a permanent storm sewer system, the City should do so if the Schwabs are willing to pay the estimated $4,400, or submit a petition of more than 50% of the downstream affected property owners or of all property owners along Lone Oak Road for the proposed street upgrade. Further,this offer to perform the temporary erosion control would be subject to the property owners granting a right-of-entry to the City and County to perform such work and signing a Release of Uability to both agencies. The meeting adjourned at 7:00 p.m. Minutes prepared and submitted by, -1 & ( 144g. Director of Public Works TAC/J 2 •- city of acigcin THOMAS EGAN Mayor January 24, 1995 PATRICIA AWADA SHAWN HUNTER SANDRA A.MASIN THEODORE WACHTER JIM & BERNIE SCHWAB Council M.rnbers 1555 LONE OAK ROAD THOMAS HEDGES EAGAN MN 55121 City Administrator E.J. VAN OVERBEKE Re: West Lone Oak Road Drainage Concerns cnv Cark Lot 202-00, Zehnders Acres Dear Mr. & Mrs. Schwab: The results of our January 5 meeting, when we reviewed the comments and recommendations of the Public Works Committee, were presented Iv the City Council on January 17 along with your request that this item be continued until this Spring when the snow cover has gone and the Mayor and Public Works Committee can meet with you on the site.4o further discuss your concerns. Your absence from the January 17 meeting was explained as being due to a previous conflicting commitment. • The City Council did not wish to continue this item until this Spring as several members felt they:were familiar enough with the situation to address your concerns at a regular Council meeting. Subsequently, they continued this item for formal discussion and action at a regular Council meeting on February 7, 1995,under Old Business on that meeting's agenda. If you would like to provide any additional information for the Council's consideration at that meeting, I will forward it to their attention along with their Council packet if it is received by 4:30 p.m. on Thursday, February 2. At the February 7 meeting, I will introduce the item by providing a summary of your concerns and meetings to date. You will then have an opportunity to address the City Council prior to their taking,action on this item. If you have any questions regarding this process, please feel free to contact me and I will be happy to help you. • Sincere , cc: Dave Everds, County Highway Engineer Thomas A. Colbert, P.E. Director of Public Works TAC/jj MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY 3630 PLOT KNOB ROAD 3601 COACHMAN POINT THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY EAGAN,MINNESOTA 55122.1697 EAGAN.MINNESOTA 55122 PHONE:(612)6814600 PHONE:(612)681-4300 FAX(612) 1-4612 Equal OpporiunIty/ATIBTe Action Employer FAX(612)6614360 TDD:(612)454.8535 loon D TDD:(612)454.6535 RECEr r 9 #q5 February 1, 1995 Mayor Tom Egan and Members of the Eagan City Council Municipal Center 3830 Pilot Knob Boulevard Eagan, MN 55122 RE: Drainage and Erosion Problem James and Bernie Schwab 1555 Lone Oak Road Eagan, MN 55121 Dear Mayor and Members of the City Council: We have been trying to address the drainage and erosion problem with Mr. Colbert, the public works director, for the past four or more years. Each time that we meet, Mr. Colbert states that our problem is caused by the natural flow of water. Assuming Mr. Colbert is correct, this raises the question: Why did we not have a problem between 1985 and 1990? Certainly,there has been a change and substantial increase in the natural flow of water which continues to escalate with each passing year. The city's public works committee concludes there has been a shift in the house location from the building permit reviewal to its current location in the drainage way. This conclusion is inconsistent with the absence of a problem from the time our home was built in 1985 up through and including 1990. Further, we seriously question whether Eagan's building inspectors would have permitted the construction of a residence in the path of the city's storm water drainage system. Our problem needs correction as it seriously affects the marketability, as well as the enjoyment of our home. This is in addition to the damage that has been caused to our property as a result of the erosion and silt deposits. We need the city's assistance. Our problem is directly related to the city's storm water system for which an individual homeowner lacks control or the means to remedy a serious problem. Thank you for your assistance and attention to this matter. Sincerely, awes S wab Agenda Information Memo February 7, 1995 City Council Meeting APPOINTMENT/PLANNING COMMISSION B. Appointment to Planning Commission—At the January 17, 1995 City Council meeting,there were three (3) appointments made for three year terms to the Advisory Planning Commission. Those persons were Jerry Segal, Mark Miller and Steven Burdorf. Also, Peggy Carlson was appointed as an alternate for a one year term. Since Scott Merkley's resignation as a member of the APC was overlooked and it is necessary that the City Council fill that vacancy which is one year of a three (3) year term. Those persons remaining as applicants are Marie Anderson, Cory Bultema, Ross Bertelsen, Mark Filipi and Paul Teske. Another possibility would be to consider Peggy Carlson for this vacancy and fill the alternate position. ACTION TO BE CONSIDERED ON THIS ITEM: To appoint an APC member for the unexpired vacancy consisting of one (1) year of a three year term vacated by Scott Merkley. • 7 6. • -78 r • Federal Land Company Yankee Square Office iI. 3470 Washington Drive• Suite 102 • Eogon,Minnesoto 55122 Tel.612.452-3303 FAX 612452-3362 February 1, 1995 Ms leggy Richert Community Development Director City of Eagan 3830 Pilot Knob Road Eagan,MN 55122 RE: TOWN CENTRE 100 FOURTEENTH ADDITION AND TOWN CENTRE 100 FIFTEENTH ADDITION Dear Ms. Richert On December 19, 1994 the Dakota County Plat Commission recommended to deny the 75 foot half right of way as proposed in the above referenced plats. In appeal of that recommendation, I was heard by the Dakota County Physical Development Committee yesterday, and they also recommended denial of the 75' half right of way. The 4-2 decision was to not approve the Plats of Town Centre 100 Fourteenth Addition and Town Centre 100 Fifteenth Addition, as submitted. The Committee upheld the recommendation of the County Engineer of 100' for the half right of way. Immediately after the vote,I met with Dave Everds,the County Engineer and he indicated the minimum half right of way he would accept was 75', provided the County would be granted and additional 15' trail and slope easement. Mr. Everds verbally agreed to limit the 15' easement to be used only for trail and slope, if necessary,specifically excluding any road construction. In addition, Mr. Everds stated that if we were able to provide the additional 15' easement he would recommend approval to the County Board. As you know, on October 18, 1994, and November 15, 1994 the Eagan City Council approved the Town Centre 100 Fourteenth Addition and Town Centre 100 Fifteenth Addition preliminary subdivisions and final planned developments, respectively. Condition 2 of the final planned development for Town Centre 100 Fourteenth Addition stated No provision of the site plan, including but not limited to setbacks, easements, right of way or other dedications as shown on Exhibit A, can be modified without City Council approval". There was no such condition in Town Centre 100 Fifteenth Addition. Considering the restriction in condition 2,my request is to remove this condition for the purpose of granting sa 15'easement in the anal plat to Dakota County as stated above. This is the method that was used on Cliff Road to satisfy the County requirements, and although I do not agree that the County Guidelines requiring 100'half right of way is necessary, it would seem that this compromise would accomplish the objectives of all the parties involved. As we are scheduled to be heard by the County Board the evening of February 21, 1995 it is important that I be heard by the City Council on February 7, 1995. Since the original application for this project was submitted back in May, 1994, I believe this is a reasonable request. Sincerely, • • FEDERAL LAND COMPANY /274447' Martin F. Colon ro • 02/02/95 12:05 DAKOTA CQ.NTY-WESTERN SER.% CTR. 822 • DAKOTA COUNTY DAVID ERRON ,RE • MfG1IWAY DEPARTMENT Pox(612)691-i 27 11955 CIALAX E AVENUE,3R0 FLOOR APPLE VALLEY,MINNESOTA 55124-3578 *.,;e757. February 2, 1995 Ms. Peggy Reichert • Community Development Director • City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: ,Federal Land letter on Town Centre plats Dear Ms. Reichert • The essence of Mr. Colon's February 1, 1995 letter is correct with some clarification and minor corrections in the second paragraph as follows; A total of 90' is needed for right of way. It can be full right of way or a 15' easement is necessary beyond the 75' right of way for grading purposes for constructing the road and trail facilities, and for utility and trail placements. This 15' will not be used for roadway surface construction. I will recommend approval to the County Plat Commission that they support that recommendation to the County Board. �e applicant must present their request to the Plat Commission meeting on February 13 so the County Board can act on February 21, 1995. Sincerely, -"avise gA4444---• David L. Everds, P.E. Dakota County Engineer DLB/c1rj • cc: Mr. Tom Colbert Gary Stevenson sabilion nin,.r m.s,.w....r,IeNr oirshoontimr �/ AN MAL MA'OPPORTUNITY M PLOYOR Agenda Information Memo February 7, 1995 City Council Meeting VARIANCES/RED ROBIN RESTAURANT & BIG WHEEL ROSSI A. Variances/Red Robin Restaurant and Big Wheel Rossi—Martin Colon is requesting two variances to develop the Red Robin Restaurant and Big Wheel Rossi. When both of these developments were approved, the proposed subdivisions indicated a 75 foot half right-of-way dedication for Yankee Doodle Road. The County is now requiring a 100 foot half right-of-way. The County is also open to some compromise that would result in the requirement of a 90 foot half right-of-way. In order for these two projects to proceed as currently designed, Mr. Colon would need variances from City standards. The issue then is, since the County will not vary its standards, should theity vary its standards? A letter from Mr. Colon explaining his ation is enclosed on page 0. A letter from the County Engineer is enclosed on pa e i . A staff memorandum outlining the situation is enclosed on pages g.L through r j . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny: 1) a 10 foot variance to the 20 foot parking setback requirement for Red Robin Restaurant subject to the conditions set forth in the staff report; 2) a 19 foot variance to the parking setback requirement for Big Wheel Rossi subject to the conditions set forth in the staff report; and 3) an 11 foot building setback variance for Big Wheel Rossi subject to the conditions set forth in the staff report. ‘11107/ • MEMO --city of eagan • TO: Mayor and City Council THROUGH: Peggy Reichert, Community Development Director 0 FROM: Mike Ridley, Project Planner lie, DATE: February 2, 1995 SUBJECT: Variance request for Red Robin (Town Center 100 Fifteenth Addition) and Big Wheel Rossi (Town Center 100 Fourteenth Addition) INTRODUCTION Federal Land Company is requesting variances to building and parking setbacks for the proposed Red Robin Restaurant and Big Wheel Rossi store in Town Centre 100. These variance requests are the result of right-of-way dedication requirements imposed on the related plats by Dakota County. In order for these developments to proceed as currently laid out, either the County needs to waive its r-o-w requirements or the City needs to waive its setback requirements. Martin Colon requested a variance from the County r-o-w requirements but the County Plat Review Committee denied his request. Mr. Colon is now turning to the City to request a variance from setback requirements. BACKGROUND On November 15, 1994 the City council approved the preliminary plat for the Red Robin Restaurant with a 75 foot half right of way dedication for Yankee Doodle Road. On October 18, 1994 the Big Wheel Rossi plat was similarly approved with the existing 75 foot half r-o-w dedicated to Dakota County with the November 1992 Rapid Oil Change development (Town Center 100 Eleventh Addition). Before these applications were considered by the APC and City council, both the City and developer were informed by Dakota County that they wanted an additional r-o-w dedication on both parcels to provide a total 100" half row. The County guidelines for a six lane roadway call for 200' full r.o.w. The County believes that it has the authority to require roadway dedications of this magnitude with such plats. The City is more cautious in requiring dedications through our subdivision review authority that reflect a reasonable nexus to the impact of the proposed development on public systems given recent Supreme Court rulings on potential takings.. Given that the County requirements would ultimately affect these proposed plats, staff suggested that City consideration of the applications be postponed until the developer and county resolved their differences over the right of way dedication to be shown on the proposed plats. The developer requested that the City review proceed because Federal Land Company preferred to deal with Dakota County later at the time of final platting. The City accommodated Mr. Colon's request and his plats indicated a 75 foot half r.o.w. Realizing a potential conflict with the County down the road, the City Imposed the following condition on the preliminary subdivision: No provision of the site plan, includthg but not limited to setbacks, easements, right of way or other dedications can be modified without City council approval. STATUS The developer's appeal of the Plat Review Committee decision went to the Dakota County Physical Development Committee earlier this week and was recommended for denial to the full County Board. Dakota County engineering- staff has offered the developer a compromise whereby the developer would dedicate the agreed upon 75' 1/2 r-o-w and grant the county.a 15' easement beyond the r-o-w which could be used for grading purposes necessary for constructing road and trail facilities, for utility and trail placements, but not for roadway surface construction. The effect is the same to the City regardless of a full r-o-w dedication or partial ro- w/easement dedication because the City Is left with a 5 foot wide area for landscaping/screening. The compromise offered by Dakota County requires the City to grant a variance to City Code minimum setback requirements. The Code requires a 20' parking setback from public r-o-w so adequate landscaping and berming can be provided to limit the exposure of parking areas to the public street and to add to the aesthetics of commercial areas. The proposed compromise results in the County essentially receiving a 90'half r-o-w, the developer measuring setbacks from a 75' 1/2 r-o-w line, and the City is provided a 5' parking setback in which to provide landscaping/screening. The r-o-w/easement scenario requires a 10'parking setback variance for Red Robin. The Big Wheel site plan was approved with a 16' parking setback from the 75' half r-o-w for nine proof of parking spaces. For the Big Wheel site, the r-ow/easement scenario requires a 19' parking setback variance and a 11' building setback variance. The parking setback variance for Big Wheel eliminates space for landscaping and screening or alternately, by providing landscaping and/or screening will result in the site not meeting City Code on site parking requirements. The property south of the proposed Big Wheel is undeveloped. By shifting the rear boundary of the site to the south, all building and parking setbacks can be met. . If the requested variances are approved, staff believes it would be appropriate to require the developer to provide some sort of physical screening (walls, fences, etc.) within the 5' setback area along Yankee Doodle Road. Providing screening with a decorative wall or fence along the north property line of Town Center 100 Eleventh (Valvoline), Fourteenth (Big Wheel), and Fifteenth (Red Robin) Additions will serve as a common architectural feature in the area and offer an opportunity for Federal Land Company to develop a gateway appearance for the Town Center 100 area. SUMMARY The Red Robin and Big Wheel site plans cannot meet City Code required setbacks if the full 100' half r-o-w requested by the county is dedicated. Dakota County has indicated to the developer that they would be agreeable to a 90' (r-o-w/easement) dedication compromise which requires the City to grant setback variances. The variances include a 10' parking setback variance for Red Robin, a 19' parking setback and 11' building setback variance for Big Wheel. Granting a variance for the Big Wheel site results in either no landscaping/screening north of the building or the site not meeting on site parking requirements if uniform screening is provided. There is potential flexibility with the boundary of the Town Center 100 Fourteenth Addition site because there is undeveloped property to the south. Replatting the property to shift the property line to the south would eliminate the need for any variances on the Big Wheel site. ACTION TO BE CONSIDERED To approve/deny a 11'building setback variance for Town Center 100 Fourteenth Addition To approve/deny a 19'parking setback variance for Town Center 100 Fourteenth Addition To approve/deny a 10' parking setback variance for Town Center 100 Fifteenth Addition. If approved, the following conditions should be included. 1. 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'In 12.4.2.41 ! . • : - - I•4 CA ' EXHIBIT A s CAst- AIX- illIVOP OP !PUMA:P*40i wino& • , 60,000 dolPP ai. .40 P482.id-0,444 Piliests.AisLa0 . *0 S11 ■40 • AINJA41.4.11:01.11. 00n044.11441114,0 1.4.044444-1,. r L4 f: gorTN' ta.olimituga.v. t.411.4.. las...eie...3 ror.L.Hilit,miz.i. 01.417 AM•HOP 141 LA. ampirtrezep=fte. 11144tUtrUi., A. C0111•044 doeillarer...i01•1 for.•••*., ••• - I ■ • rj�N1 IMO O ^ r LlrlrlrAIii I111001 GM I fiiiIIIIIIIIIIII f iizl e . 041 I ' , ejli I : I .i --v...1.5Z824. _--.. . ii 1 illy lis r as pi! h..r.. , ' — 1 es z '1 , ,I f L t, w I i i ttilILl ,il illLI" 4. =17' —ri,_ i - 1 - I se' 1 I . i 1, -.. . . I i al — 1 isll _ Jm =U.Is Islo , 1 I 11111 I1I I- I - ! I ''• 111111111_ _ M 2 / ' ammes >_ L.J \ G I / • ` • L1 iI\ / -lo \-/' - • s ii • • di I 1\:i r. \ r • / i• li . 1 - \ I . % \-------- . I gm - LAI L I- 1 /. - 'I IIi iiiiiioIi•Iiiiiiii i r 11 I _ A , r_ --- - , ) . 1 33V'Id 33MNVA 0 -r . ?1,0• . , I . I II / i . ig .1 rile N Ti N I %1 ••' is s 3 r fy N i / Nr 2r N I. I ei N ' W R Z S J _ W )- J ; I; s W et o = a N 0z I W • 7• f =r O it 1 1 m r O 7 p G X G > � O W y gC O � is z a 12 7 V W _J _ W co O M Iit des x cc= a 3 S O r ..1 J f O •i 4 ILI d b.• I in In _. 1 1,7. 17. ug 1L-61: . . .1. .i____ n in I. I -0- / 1 / 1 1 .11 II I (117 . 88 01-10-95 03:26PM FROM CITY OF EAGAN TO 96877302 P001/002 •-1 ,) S_ • TO West Publishing ATTN: Jerry Hanggi /at ) 4 (- DATE CRY OF EAGAN NEW 3 c-, SALE FEE _ 3830 PILOT KNOB ROAD RENEWAL_ _FF SALE FEE EAGAN,MINNESOTA 66122 TEMPORARY' Tt7APORARY FEE$25.00 V APPLICATION FOR NON-INTOXICATING MALT LIQUOR LICENSE / PLEASE APPLICANT I GUMS/ I' ' 5 /ill-e--C') • OWNERS NAME ije's/ /''e'- -63f�-, (D . ((2( v ) «t i (Middle) Address ��/0( (`�) (Middle) kicking 6 C c,liss S6reet) ! �� ,1" Lei i„` (Street) A .5.5—/J .� (City) (/ - (State) PP) (City) c _ _ (scat.) MP) -- Phan, /)- (e g? - 70 ef.) EIrthdate Phone a/>- t 9, 7 7 0 OZy Blrtdate TRADE NAME MANAGIER'8 NAME. • (Let) (First) (Middle) Address Address.. • (Street) I (Street) •(City) (State) VIP) TAY) ' -- (State) - (Zip) Phone - Phone 8lrthdate HEREBYAPPUES FOR NON-INTOXICATING LIQUOR LICENSE for they year g 9 5` ,from it 6i.•bc4:y/ /k to 41-4. / Al month? (date) (month)ff (date) t/ELem:_�)'l e o's u t4 Y2 aUon: 6 /0 ry_f-0)14A-e.4, ihr s rr-t. (for ty(porary license) v L (Address) STRONG BEER: Yea A No ■ Applicants who have an on•eale wine license,and have 50%gross earnings from food,may sell strong beer without an additional license, Applicants who elect to all,strong beer must carry liquor liability Insurance. Are you the actual proprietor? Yes(L.) No O An you the owner of the property of the business location? Yes(i)-No( ) p Has any other lloanse of this kind been granted to you? Yes(LJ No( ) Where &` %-v-._ I / ( ') (Year) r Are any taxes.assessments or utility bills for the premises unpaid or deliquent? Yes( ) No Grif yea,give mason. During the past year has a summon°been issued under the Liquor CM Lability Law MS 304,AMOZ? Yes( ) No ()! If yes,attach summery copy. Have you ever been e6nvleted? Yes ( ) No(U)'City (Other than a traffic offence) it this a joint ownership or silent partnership? Yee ( ) No(' M yes.please attach a listing of complete names,dates of birth,addresses and telephone numbers fo everyone Involved. I HEREBY VERIFY THAT THERE HAS BEEN HO CHANGE IN OWNERSHIP OR MANAGERS IN THE PAST YEAR. THE LICENSEE HEREBY AGREES TO INDEMNIFY AND HOLD EAGAN HARMLESS FROM ANY AND AU.CLAIMS OR SUITS INCLUDING ATTORNEYS FEES AND OTHER DEFENSE COSTS,WHICH THE CITY OF EAGAN MAY INCUR BY REASON OF ANY ACTIVATES ARISING FROM THE GRANTING OF THIS 3.2 BEER LICENSE I(we)HEREBY AGREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF MINNESOTA AND THE ORDINANCES F THE CITY OF EAGAN. THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEUEF. �f �j AUTHORIZED SIGNATURE /el._r,-/G►.. - 1)&u.i1�- r ��-51'`vt i-b Al.A,...ft,-(Flrs I/ (Full Middle) (Last) R U N LY PcUCE APPROVAL: YEKNO()SIGNED Y_,(w,4 _ ti DATED /-3(,)(') -5 CRY COUNCIL APF OYAL: YES() NO()SIGNED DATED . 7 MINUTES OR; 'i tilialifi F•` '• MG OF THE EMIAI ottsi'COl1NGf : :;Eagan, Minnesota ;7enuary 17, 1995 :•:. . A regular meeting of the Eagan City'0§0§4i.1012;,.....d in Tuesday,January 17, 1995 at 6:30 p.m. at the Eagan Municipal Center. Present were Ma pa ybMMAIid•'CouncilmembeYs Wachter,Masin and Hunter. (Councilmember Awada•arrived at 7:00 p.m.) Also present were Cliy.Administrator Tom Hedges, City Planner Jim Sturm, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. (Community Development Director Peggy Reichert arrived at 7:30 p.m.) ' PattOF'Jlrit Borgschatz thanked Council members for their service to the community.•arl;me a non-denominational invocation. ,lTp tri(Li,Ytf,.�.�j} Wachter moved, Hunter seconded a motioilrto adopt the•.agenda as presented. Aye: 4 Nay: 0 .. ....:{::::iL.:N:i•{/i� t. � �•L•ry i 1Y1�;i Y SY .. ...oY:•tiv:::::.::::vA:w: Councilmember Masin requested that a correction be made on page 2,,f ast paragraph,by replacing the sentence,"The HRA then proposed%rIumber;of"sites and the Council eliminated some•of the areas and voted on a site and the vote was unanimous" be replaced with the folloWing language, 'The City drew up a matrix. With this Information, the City asked the HRA to avoid three.,areas. •The vote on a motion regarding this was unanimous.". Couripii'rrlerptier Hunter requested t}iat'on.page;3,secpn paragraph,that the word "residential" be added to'ther seMtkee: The City has never denied a (residential) downzoning request to his knowledge..." He also noted::ti a lit :;path of office should be added to the minutes. Councilmember Wachter requested that the language`"dale te:the fact that the county.tasn't come through with the report" be added to his statement on page 1 under:Department Head Business. Hunter moved, Masin seconded a motion to adopt the minutes.as•anlei c 0 Aye: 4 Nay: 0 srr.A•r•-r:r.i.?}.Y • Y. Y• r}Yr:.0 :v::v r �:}.rv:g:r::}:Yf:r'rr..v: Councilmember Wachter requested a clarification on page 2,pa, rgraph.3,last sentence,that"...the City did give Mr. Caooni advice and he refused to follow It" Hunter Moved, Masin seconded a motion to adopt the minutes as amended. Aye: '4 Nay: 0 ;,A.�'�#400*, . 30:00 E ... ••.. •• it Councilmember Wachter noted that he recei?!tY d a'memb on the Green'Acres issue, but what he is looking for is who will pay the assessments. • *N E i.TN LEND cii • In regard to Item C, Recommendation.' Aithort R`elations- Committee. New•Airport Alternative Environmental Documentation.Comments4,Couneilmetmber Wachter asked,what will,happen,to the existing airport if a new one le'litiilt, Mayor Egan nbted that,a Reuse Committee has been formed. • In regard to Item F, Gambling.Application. Minneseiiii :Valley Humane Society. Councilmember Hunter indicated Ii cpressed,,a_copcerr c.ab ut,eiS ,bJi,40;sofne priter4,forgarnbling licenses. He feels the Council should limit;the nurriber; 't#f eg;t¢Sifi ri ►gaan.,indiOated•he Ismwillipg to have one [: •,' • {., �V,f f,y,1} r.�1t ,e F•.r (. or two more'licerises; but it Wald beniceto have the jf}ltdry'ss�, tI't gambijng,decision. 'Councilmember'. Masin noted that the benefits go to charity and the places x $, are allowed Is limited, Councilmember Hunter indicated,a,tnemo was dor e,on,that a e,veral months,000 however,he•feels there are deeper social implications of this"issue and he would like to discuss it at.a future workshop.' Councilmember Wachter stated he favors this license, but would be willing to look at the Issue again. EAGAN CITY COUNCIL MINUTES;JANUARY 17, PAGE 2 ""' • A. Personnel items Rem 1. It was recommended to approve the'liiiia**a'Mampton, Kent Knutson, Mark Cleare, Chris Larson, Rod Larson and Cory Lynch as winter recreafion leaders for the winter season. Item 2. It was recommended to approve the hiring of David Downs and George Sellner as seasonal winter park maintenance workers for the winter season. . Item 3. It was recommended to approve the::hIi1n iMigt Bfi iahl as a planning intern. B. Plumbers Licenses. It was recommended to approve the plumbers licenses as shown on Exhibit A. C. Recommendation. Airport Relations emit€ a::New.Airport Alternative Environmental Document Comments. It was recommended to apprOiMillecgliiiWiRion of the Airport Relations Committee. D. Change Orders.Police Department Buiidina Project. It was recommended to approve the change orders as presented with the exception of$2,248 for the expansion joint in PCO #37. E. Award Contract. Police Department/M}inicipat Center Communication Cabling. It was recommended to award the contract to AUS Communic01pns;in the amount of$76,248.41. • F. ,C,ambling Application. Minnesota Valley Hii'rr'i6i#e'.'s'S,'4iciety It was recommended that the permit application be approved as presented. G. Contract 93-07.Acknowledae Completion/A*00 i'i yment(Wenzel Addition Streets&Utilities). It was recommended to approve the final::pay ent••t'or Contract 93-07 in the amount of $57,211.35 and authorize acceptance for mutual maintenrlce'subject to related warranty provisions. H. Resolution Designating Rich Brasch as Project Representative for Schwanz Lake Cleanwater Partnership Phase II Project. It was recommended to approve the resolution as presented. Wachter moved, Hunter seconded;if,CfT�1;1{4��tigl~: .v::l ppry�a�[?.�•t}y�h•,e...cyoen(ys�eentt agenda. Aye: 4 Nay: 0 :..7!5 CALEND":.' :{7.;e!{R,;}CI•I.•}1S•::i7Ioutig •OR•••N4IZ 4.#.•I�NA.••S:..♦u! y� v:.r:..............n......�:.::n..y.n..n..:..:..:.•n:::•.s.......:wa iF}.:::n:....:v�r?�Y{.w. .....r...K:Y.•:.vx�w�{••'.:"•.'.v:.'•':'•.�:I,7 Administrator Hedges explained what is (iQuded ifi:organizational business and gave some introductory remarks. (Councilmember Awada arrived at this:kb.) A. ADVISORY COMMISSION APPOINTMENTS: 1. Airport Relations Commission: Lois Monson, Lance Staricha, and Jonathon White were appointed to three year terms;and Anil Deodhar and Jane Vancierpoel were appointed to one-year alternate terms. 2. Joint Burnsville/Eagan CA0e:::gPg#afl02tls Commission: Masin moved, Hunter seconded a motion to continue this appoinitt :#dr:i ** o pursue additional candidates, using the Public Access Channels to advertise the vacancies. • 3. Gun Club Lake Watershed Management Organttation: Masin moved, Wachter seconded a motion to continue this appointment indefinitely. • D } EAGAN CITY COUNCIL MINUTES;JANUARY 17, 19 g$: .• ,•a•a••a•, PAGES 4. Solid Waste Abatement Coma lon: Wachter.mc ed, Hunter seconded a motion to appoint Wally Wall as the hauler representative; Terry;D;aKJ$:as;. .i 1 ?tit representative;,and B.A. Swensied as a business representative, all for three year terms'.'• '▪ ''::i::, • 5. Economic Development Commission: Patrick Grande, and Ron Voracek were appointed for three year terms; and Roger Hughes was appointed for a two year term. 6. Advisory Planning Commissioiiic::;Jeny$ i ,11f gl:Miller and Steven Burdorf were appointed for three year terms; and Peggy Carlson wad'aptoille d foi it:i a year alternate term. 7. Advisory Parks, Recreation & Natura µ at • , i:Resources.Commission: John Rudolph, Stephen i-•V Thompson,Sherie Wallace end Tom Walkington ■ai$i$ppointed:tcir three year terms;and Cindy Lynch was appointed to a one-year alternate term. B. ACTING MAYOR: Mayor Egan recommended that Councllmember Hunter serve as Acting Mayor in his absence at City Council meetings and other activities pertaining to the City of Eagan. Wachter moved,Awada seconded a motion to appoint Councilmember Hunter as Acting Mayor. Aye: 5 Nay: 0 C. LEGAL NEWSPAPER: 171011.moved, Wachter seconded a motion to approve the retention of This Week Newspapers as'the City's oftiei t:iegel neiry ay:spapera Aye: 5 N 0 C i•a D. CITY COUNCIL MEETINGS After signed IscusSion regardingvaltemate dates,.Hunter moved, Masin seconded a motion to approve the`i;995$efiedulte,of'Coy jncU Meetings,.designating the first.and third Tuesdays of'the month at 6:30'p.m. for regular:City. '91:1ncil: i'ieetings,.with,the-exception.of May•16, July 4 and October 3, wherein the dates May 15r..July::f:an8 October 2 approved as alternate dates. Aye: 5 Nay: 0 (It was noted that since some of t#tea, :100ef ngs will be held at an alternate site, availability of the alternate dates will need to be verified. Afirbhanges will be brought to the attention of the Council.) E. CITY COUNCIL MEETING PROCEDURES: Hunter moved, Awada seconded a motion to approve the guidelines/handout{for public presentations and,publiccparticipation in City Council meetings, Nith the elimination,of"Additional items"from the agenda format, Aye: 5 Nay: 0 F. COUNCIL STANDING COMMIT#'E i iffi;:EP#'♦ESENTATIVE APPOINTMENTS: Mayor Egan recommended the following Councilmembers to sermon star,g committees as follows: Finance Committee:aEgan (Chair) and Wainer Public Works Committee: Wachter (Chair)'� nd Hunter.: . Personnel Committee: Awada (Chair) and•Masin • ' Hunter moved, Awada,seconded-a motion to approvertha appointments to standing committees. Aye: 5 Nay: 0 (Community Development Director Reichert arrtyed.at this time,):• . Wachter moved, Awada seconded a motion to approve the following Council representative positions: • Minnesota Valley Transit Authoriiyiiio>td:iiiiiiiS11i: .a School District#191: Masan , , School District#196: Hunter :;:;:ii:;; School District#197: Egan Dakota County League of Governments: Masin History Committee: Wachter 1 --- -- -- -- -- -- - ---- EAGAN CITY COUNCIL MINUTES;JANUARY 17, PAGE 4 Capons Art Park Committee: Awkik.Masin Municipal Legislative Committee Bird 'E ;: Central Area Task Force: Awada, Huffier Dakota County Economic Development Partnership: Wachter Councilmember Hunter noted that the Housing Chapter of the Comprehensive Guide Plan calls for a Housing Subcommittee,which has never been formed. He would like to discuss this at some point. Aye: 5 Nay: 0 G. DAKOTA COUNTY DEER MANAGEMENT EVA*I;IATION TEAM: Wachter moved, Masin seconded a motion to appoint T. R. MicFiels as; ::citizen reetesentative on the Dakota County Deer Management Evaluation Team. Aye: 5 Nay: WEST LONE OAK ROAD STORM DRAINAGE Mayor Egan introduced this item as Project 679, West Lone Oak Road storm drainage. Public Works Director Colbert noted that the Schw?bs requested that this be continued until Spring when the snow cover is gone and the Mayor can view ti*:p.i i tarty. Mayor Egan responded that it isn't really an on-site problem. The Public Works Committee hals.diir% ; ::lot:.of work on this issue. He doesn't see any reason to explore it further. Councilmember Wachter coriocined #ttiwever, he would prefer not to take a vote on this until the Schwabs can be present. Hunter:'::moved,Wachter seconded a motion to continue this to February 7, 1995. Aye: 5 Nay: 0 • • ; e 1S▪tNESS CONDITIONAL USE PERMIT/AVANTI PETROLEUM, INC. Mayor Egan introduced this item as a conditional use permit for Avant( Petroleum, Inc. dba Total, for an automatic car wash in a Neighborhood Business District,southeast corner of Diffley Road and Nicols Road. City Planner Sturm gave a staff report pn thlis;raqubsk and: im Hill,of Avant(Petroleum urged Council approval. Dave Gall, of Carolwood Estates expressed:;a oncerribout noise and asked whether barriers will be installed. Dick Graber, representing Nationwide:Wash Set Aces, reviewed the decibel readings for the type of equipment proposed to be installed. He ribti3ii that a:3,3' ise reduction package is proposed to be installed, which would result in a noise level less or equivalent to a normal traffic street. Councilmember Hunter stated he feels that the decibel noise level will be adequate as proposed. Wachter moved, Hunter seconded a motion to approve a conditional use permit for Avanti Petroleum, Inc.to allow an automatic car wash in a Neighborhood Business zoning district located at the southeast corner of Nicols and Diffley Roads, subject to the following conditions: 1. The Conditional Use Permit shall be recor.ded'•'vVkh Dakota County within 60 days with documentation supplied to thb C8 i!; 2. Continued proper maintenance of the parking lot.and all bituminous surfaces. 3. The development will be required to add a sanitary%sewer man hole over the existing four inch sewer service at the property line. EAGAN CITY COUNCIL MINUTES;JANUARY 17, 19J5: •. ,,•,, PAGE 5 ..:r .... 4. The trash enclosure shall be defijapd and locate4`ln the southeast corner of the site per the approved site plan. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/LARSON LEASING; INC. Mayor Egan introduced this item a 'i~tirii itic tiai° i2 milt for Larson Leasing, Inc.for storage of trucks trailers`and diesel fuel tank, and:safe'ip�a'ui 'tfttjl west'�irdt ier`of BIackhawk'Road and Highway 13. Mayor Egan'then indicated he will remove'hams (:'from dJssion and turned` the gavel over to Councilmember Hunter'as Acting Mayor,s City R annex Sturm gave,a;staff report on'tbis request. He:noted that a change was,made to Condition the recording of the permit. Wachter moved,Awada seconded a motion to ape": d ndltf ;1 :'•permit for the outdoor storage of trucks, trailers and a diesel fuel tank and the assodiated site pith ifitililot'A and Lot.1; Block 1 of the Mardelann Addition, subject to the following conditions: 1. The applicant shall combine the two lots at the Dakota County Auditor's Office within 180 days. 2. The applicant shall record thi :;Ggnditional Use Permit at the Dakota,County Recorder's Office within 60 days. • 3. The applicant shall remove all remgant matei a#s:land properly maintain the parking area and premises. I 4, This Conditional Use Permit prt *14:fi •'the`outdoor storage of one 1,000 gallon diesel fuel tank, no more than 36 trucks more than 135 semi trailers. 5. The applicant shall submit Plans,fo'ihe City for review/approval'at d coMplete the following improvements in the time period'listed: 1995: Add landscaping aloeth;e/ eas .sde;, o(te;p P e rtY. Seal coat, stripe and ;?..t tVO>St :pniploye e/visitor parking area. 1996: Add fandscaping;to fence line ON Blac-i Wk Road.. Widen access, construct concrete apron ati0 drive into site'. 1997: Grade and surface area visible from Highway .13 in front and around the two cold • storage buildings. • 6. The applicant shall,,submit plans to,the. City for reviev'and,approval for Surfacing with bituminous,,all gravel surfaced areas,,installation of.cQncrete curb ar'td gutter,and:construction of a storm sewer system for these areas wher01410t B develops and/or storm'Sewer is available to the subject site. • • 7. The applicant :'� ::•::;:•.,;;;: pp cant shall submit p144: tie: for•':0.10W/approval to bring a water line into the site to pr'oviae a maximum 300 foot spacing from• he far edge of"any building toihe nearest hydrant. • . Aye: 4 Nay: 0 (Egan abstained.) • • EAGAN cnY COUNCIL MINUTES;JANUARY 17, PAGE 6 COMPREHENSIVE GUM PLAN AMENDpI ENT/CITY OF EAGAN Mayor Egan introduced this as a Con j}tsi ;?tilde Plan amendment for the City of Eagan, changing land use from D-II Mixed ResidentratiiiiiWiliiiiihood Business and Rural Residential, and changing the Land Use Guide Plan map between Lone Oak Road,T.H. 55 and Eagan/Inver Grove Heights border. After a brief introduction by Administrator Hedges, City Planner Sturm gave a staff report on this request. He reviewed the objectives of this study and the conclusions. He noted that this area Is approximately four miles from the airport and is located completely within noise zone 4. Industrial and commercial use is consistent with this zone;: 3 efigas e,side :rise would be considered conditional. He added that the City has been evolving towai #i :pblfkji: i;seiiiririg residential development in the northern portion of the city, especially in areas that are affect by airppif:noise. The results of the study showed the need for a new land use designation, which has been determined to be Rural Residential. Rural Residential can be defined as an area not inter*•for sua 1ped-agricultural use or for urban scale development because It lacks essential infre ructfitg; ft wp lc#allow low density residential with a minimum lot size. The reviewed the policies that resist d:::from: i iii::ereation of this new land use designation. He noted that if the Council approves this, it will be forwarded to the Metropolitan Council for review and approval. After approval,the policies will go Into effect immediately. Peggy Carlson, 3434 Highway 55, spoke in favor of the new designation, but indicated a concern about how assessments will be levied. She suggested that the Rural Residential Special Assessments Policy that became Invalid in 1991 be reinstated:::Gj y Attorney Sheldon noted that property can be assessed to the extent that the market value of the piiiiktOiingpases. This Is the same for all zoning classifications. The Council can adopt a special assessment•'poliky: hictwever, there is no need to at this time Councilmember Hunter reiterated thai the long-term:;v bility of residential in this area is not desirable. He feels something needs to be don?with:thla:atlas:ai,d he doesn't like to see this in a holding classification. He feels it has the effect of.a:•lO i tefT is riiiOratorium on development and he won't support it. Councilmember Awada stated she is happy with the results. She feels this may be the permanent classification. There are other areas that have rural residential land. If further consideration is needed In the future, it can be looked at again. She doesn't look at it as a holding zone. Councilmember Wachter concurred. Some discussion followed on the location of future water and sewer in the area. Wachter moved,Awada seconded a motion to appr'•ik sari:amendrnept to:ihe land use element of the comprehensive plan adopting a small area plan for the Lori&# a$e•iiiia;::ariliigt to approve by the Metropolitan Council. Mayor Egan indicated he doesn't think this is the best:solution,.but this is a unique piece of property. It isn't perfect, but he is willing to support it Discussion fifiiAwed,on t#ia upgrade of Lone Oak Road and utilities. Aye: 4 Nay: 0 (Hunter opposed.) REZONING/CITY OF EAGAN Mayor Egan introduced this item as a rezoning for the City of Eagan,of approximately 25 acres from R-4 Multiple Residential to Agricultural, between Lone Oak Road and T.H. 55. Wachter moved, Masin seconded a motion to continue this pending review and approval by the Metropolitan Council of the City's comprehensive plan amendment for the Lone Oak area. Ay ;:?:# Nay: 0 1995 COMMUNITY DEVELOPMENT;BLOCK.GRANT APPLICATION Mayor Egan introduced this item as ftie i995'Coii munity Development Block Grant application. Community Development Director Reichert gave a staff r t on this, reviewing the various projects proposed for funding. Councilmember Hunter questioned thOlirrnula used by HUD for allocation of these funds. He emphasized that home ownership for low income persons is important and he feels a large percentage should be taken from the senior housing project and put into the first time home buyers program. He feels there should be more collaboration between the various entities involved in this issue, and suggested that the housing subcommittee that is referenced in the Comprehensive Guide Plan be EAGAN CiTY COUNCIL MINUTES;JANUARY 17, PAGE 7 Implemented. He feels there is a need to loait at housing'and its social impacts: Considerable discussion followed concerning scattered site housing:aid the First Tin*1bme Buyers Down Payment Assistance Program. • Councilmember Wachter stated he feels cotlift stable with the amounts as proposed. He feels there is a great need for the senior housing program and would be reluctant to take any money out of that fund. Councilmember Hunter stated he feels the primary need is to clean up the areas we now have. He feels the best way to do that is with the down payment assistance program. It is easy to support the senior housing program, but he doesn't think it is:>o.t g.;the;bgst puplic.•good with public dollars. He feels there are low Income housing needs that are ui rtl!rrfi I[it they' reed;'tare addressed. Mayor Egan concurred, indicating the city needs to be creative with these•fuitd 'Gouiit fffjlember Awada stated she supports both program, but strongly supports the first time home litiOrs progi . She feels It is in the community's best interest to support this program. Hunter moved, Masin seconded a i ftiat i i hilOpg:**esolution for the 1995 CDEG application to support the Senior Housing Project,Youtlil5evelopmetitP f egram expansion,and First Time Home Buyers Down Payment Assistance Program,with the amounts amended by taking$50,000 from the Senior Housing Project and put it in the First Time Home Buyers Down Payment Assistance Program. Aye: 5 Nay: 0 O Si tTPIE INTERC: }?IIE MENT ` FF 'UPDAT w.........:...r.:\v.::.xn:n•.�•.::..•.........•...•..n.:...•.1:..nnmrrvrmmm.:r.:...::.•}.vw:::::::xrrr.r..n•.. r.... Councilmember Hunter noted tha###e;: nded the Legislative Breakfast and items discussed were urban housing, ethics legislation and local'i iilydent.financing. Mayor Egan noted there will be an exeCytfve' sstcni'•after this meeting, and that the work session will continue after adjournment. IMNRITYAN Wachter moved, Awada seconded a motion to set a special Council meeting for 5:30 p.m. on January 24, 1995. Aye: 5 Nay: 0 Wachter moved, Egan seconded a motion t :approve:the check register dated January 12, 1995 in the amount of$40,359.34,and the check register dged JantiOn 13, 1995 in the amount of$1,497,045.04. Aye: 5 Nay: 0 • • The Council adjourned at 8:52 p.m. to a work session. DLP Date ? •City Clerk - f you need these minutes In an alternative fort!►such as large print,braille,:eddjo tape,etc.,please contact the City of Eagan,3830 Pilot Knob Road,Eagan,MN 55122,(612)681-4600,(TOD phone: (612)4508535). The City of Eagan Is committed to the policy that all persons have equal access to its programs,services,activities,facilities and employment without regard to race,color,creed,religion,national origin,sex,disability,age,marital status or status with regard to public assistance. • r r- MINUTES"O :S fff 'illi!EE'F#K¢ OF THE E ,,�i,�AN CITY COUNdki . gan, Minnesota A special meeting of the Eagan City Couricl washeld on Tuesday, January 10, 1995 at 5:00 p.m. at the Eagan Municipal Center for the purpose of interviewing citizens seeking advisory commission appointments. Present were Mayor Egan and Councilmembers Wachter,Awada, Masin and Hunter. Also present was City Administrator Tom Hedges. COiii Mt9 ON l lid t EW'S Approximately 25 citizens were interviewed pr advisory;$ommission appointments. The duration of each interview was approximately ten minutes. . >' Following the interviews, City" Cgiricllrriember$ ?ea jed in a brief, discussion regarding the appointment process. City Councilmembers had a speciBa discussion regarding Ann Carlon, Executive Director of the Eagan Convention and Visitors Bureau, stating that her interest In an appointment to the advisory commission is for the purpose of being better informed, which helps her perform her tasks with the Convention and Visitors Bureau. After further discussion,Wachter moved, Egan seconded a motion to appoint Ann Carlon as an ex-officio member,.as a community events liaison to the Advisory Parks,Recreation &Natural Resources Commission,Advisor/0)0 ing Commission,and Economic Development Commission. Aye: 5 Nay: 0 There was no action taken toni:;any f:.the other appointments. Mayor Egan stated that appointments will be made as a part of organlzatiaiiiii:#i iiess at the January 17 regular City Council meeting. • There being no further business, the:i i t1 oumed at 10:45 p.m. TLH Date City Clerk • • a•Y. MINUTES OP Ai t 'MEI ##rlta OF THE 'EAGAN CITY COUNCIL;:: • ;tpgan, Minnesota'•"• A special:meeting of the Eagan City on Tuesday, January 17, 1995 at 5:00 p.m. at the Riverpiace Office Building. Presehrwere`Mayor Egan'arid'Councilfnembers Wachter,Awada, Masin and Hunter. Also present were City Administrator Tom Hedges; Community Development Director-Peggy Reichert, Director of Public Works Tom Colbertrand•City Attorney Jith'Sheldon. CENTRAL AREA TASK FORCE kitbItiOrggPreflifilgION BY OPUS CORPORATION Councilmembers attended the:Meeting'e'ti :Central: aiTask Force to hear a presentation by Opus Corporation on the development plans for th rNeil papal. (The meeting continued at 9:00 pi t ei a Iji tirnmenI of the regular Council meeting.) DEVELOPMENT UPDATE' • Community Development Director Reichert 'gave an update on varidus development projects; including expansion of the Eagan-Athletic•.Club;a>townhouse development n ai'PilotKnob Road.and Lone Oak Road;.a single family development i rj*he;Hillcrest•property, aitoWhhouse project'on the Goodman property,•and others. She noted-that cuti'ei'itly;;die:City-bkEagan is 55%.single family development, 16% • .townhouses;and 26%apartments. She added'that a have,been'no•apaiitthents built since the Waterford apartments in 1991. . EAGAN FAMILY; sIM¢:4pARTNERSHIP - •'r;.Y:�Via.' :�a.�-a" i Administrator Hedges'noted he sj ifii<g'fo Mark infers of theDakofa County HRA;did was told that the HRA has $40,000 Invested in this s(te,~arid futthet ttfat Mr. Ulfers'sedasted'`that the HRA Board do nothing at this time to give the City some time to explore other alternatives.; The liability issue with the property owner was discussed. Other sites were discussed, as well as developing some criteria for the selection of another site. Councilmember Massie noted•thafnei'ghborhdbd opposition is just as likely with another site, and probably more likely wfih; N:'c tmst lloify:;regarding the original site. She questioned how the Council will react to this type of'ojix::: ;fela;i1#s important to:determine what was wrong with the original-site in order to develop criteria for.;tlfe selection of a new site. Mayor Egan concurred, stating that even If another site is selected;the liabiliti}Issue wiftWillmus is still present. He also noted that without criteria, it creates two tiers of classes,irt. litcofnmuti ty,and,t1e doesn't feel that is..right. He indicated that the reasons givetvby the residents oW ie area'ieliete crime, safety and property'values. Mr. Ulfers stated that the property adjacent to their projects in 133 sville and Apple Valley is increasing with development. Councilmember Awada noted that there aren't single family developments next to their other properties. She feels there is a need for more single family in the Johnny Cake Ridge Road area. Councilmember Hunter stated it appears that the criteria being proposed is that it not be located next to residential property. He stated he feels it is up to Ccgilbiimembers Awada and Wachter to come up with a site and commit to supporting it. .Community Develbprnent Director Reichert suggested the City consider setting aside money out of the CfJE,xil ON;tt1• ;dlt3,rm some of the HRA costs on this property. Councilmember Awada indicated she doesh ::'•stipprta:... City Attorney Sheldon stated that it the HRA doesn't pi rehese this property,Willmus,the fee owner of the property, will likely sue the City. Considerable disoiission followed: concerning the Council's alternatives,and the possibility of the HRA bringing a friendly declaratory judgment lawsuit against the City. • EAGAN SPECIAL CITY COUNCIL MINUTES;JANUAIC2r;:1 '� PAGE2 • Councilmember Hunter suggested tfia ouncil take.nd ion at this point. He feels the City should do what they can to stay out of court and wittitifi**rr;:0'jnoilmember Awada stated she feels the entire project Is bad for the city, but feels it is up to the with a new site. Councilmember Wachter suggested the city should let the HRA build apartments If they want. Mayor Egan emphasized that regardless of personal opinions regarding low income housing,the city needs to abide by the laws that are in place. Community Development Director Reichert suggested another option would be for the city to buy the land. After a lengthy discussion,the City Cotincfi'ig hided igAt no additional action would be taken at this time regarding a response to the HRA's proposei#'aitematQi'ds, including a new site for the proposed townhouse development. CAPONI J t AiiikpfgtOONsE After a brief review by Administrator Hedges, Councilmember Wachter stated he agrees with everything in the proposed letter. Councilmember Awada stated that regarding the parking lot, it shouldn't be called reimbursement; it should be additional compensation for taking due to the county road. Councilmember Masin stated she feels Mr. Capons thought he would be.reimbursed for the cost of the county road. Councilmember Awada notO,:that the parking lot isn't there, but it has been on every plan for the park. She feels the city lead Mr. Cspi 0:beUave that the city would help him through this process. • Public Works Director Colbert indicated the couritii:0 a J; with the appraisal of damages to the parking lot, but not the residual property damage. • Councilmember Wachter suggested ther;tir,t:twp:f$ .be totally eliminated;and that language be added to the paragraph regarding investment:itl:psotasslonal fees that the city will offer support up to$5,000. Discussion followed concerning the estaLiji ifnerit of the foundation. Councilmember Awada stated that the City Council is unable to make the regional contacts needed for the foundation, but will help him set up the trust. The meeting adjourned to executive session at 11:15 p.m. DLP Date ;`;• ...::City Clerk • MINUTES 00:4:Slittlit OF THE fayin; 11104f:A4,..**ii? • A.special meeting of the Eagan City Council;Ai held on Tuesday, JahUary 24, 1995 at 5:30 p.m. at the Eagan Municipal Center. Present were Mayor Egah and Councilfnembers Wachter, Awada and Hunter. Absent was CoUhcilmember Masin. Also piasent.Were City Administrator Tom Hedges, Director of Parks and Recreation.Ken Vraa, Finance Director Gene VanOverbeke,and architects for the Civic Arena project, Paul Dahlberg and Jeff Hensel. CIVIC AREN*OID AW40' - • Administrator Hedges reviewed the bids,..gling the row were good and very competitive He reviewed the budget for the project and risMiigift-tithii!Plte*Oita Fundraising Committee has received $3,000-$4,000 more In funds. -.He possible alternates in order of priority. Discussion followed concerning how much the Projat'is Short. Parkaarid Recreation Director Vraa noted that some of the alternates could be done later; however the costs will go up dramatically. The prices on these alternates are very good, which is why they are being recommended tbbedOne now. He went over the dasher board proposal and indicated they feel the best-proposal was$104,000. He noted they received only one proposal for the Wading'pool,a corOinect bid from tWO tOrnpanies, Mayor Egan asked a question about the bleachers and Paul Dahlberg 64404010A the concrete structure would be installed now but the seats could be put in later. •• . Council member Awada estimated the WO bid oVeia0103e approximately$34,000. Council mem- ber Hunter asked-Which alternates were InaludOirkthe:OiligifiatietirilMe. Jeff Hersel'Inditetedthat none of the alternates Were in the esthete. Sorne2:01**e.i*eielnclUdedin the base bid,and Some alternates are being strongly recommended due to thOWelint bid dmounts. He continued that the total construction amount is actually under the estimate, no over. Discussion followed concerning vihethei*-the bids were so favorable due fa the intent by Mike Gresser and Opus Corporation to provide reduced bids: Even thoUghthey Weren't the idw biddert; it was felt it lead to the favorable bids. Parks at:40.:flpr.OPT.1..Pir.q.9;9r,Vraa noted that:the bids are within 2% of the estimate which is very goOd. • ......... . Councilmember Awada Agreed that the blOok g •. : She noted that theliblicy question is whether the Fundraising Committee is ihert$11240Cibe tO;iii:fadt/that the bid reduCtibn:proposal by Gresser and Opus is no longer valid since neither wek.ehelbii*Ider.' The Council either not build the project; absorb the overage; or take a large item out of the prOlgt that would beinstalle'dneir completion of the project with the understanding that it won't be put in unless the committee raises the funds. Councilmember Hunter stated that he feeleihe Fundraising Committee is only$50,000 short due to the fact that the bid Is$52,000 under the estimate. The Council could go ahead with the project and challenge the committee, in good faith, to raise the additional $50,000. • L':ir:g • Administrator Hedges noted it wilt be difficult to not rta4the'Seats ih the arena. Perhaps the high school should be-approached to we'll the0990e:Otitiglp:AferibLite."CoUncilrheinber Wachter noted that the Counbillriade a commitment to tti0-3401140014#61eitt Wouid not go forward'unless$600,000 was raised. 'If the COUntil-agrees to tie,' tit* can justify 'If to tlieliublit?•' Pat 'of the Fundraising Committee, stated'he thinks the committee met tt*IfitOrnmitrnent. They time done'everything in goodfaith to satisfy thelebbilgthiOns. The Opus and Greaiatioreddient wefertn-kitiil bontdbutions, and the bids are lower than their propbsals;so he feels their obligation has been Met. Some discussion followed • J. EAGAN SPECIAL CITY COUNCIL MINUTES;JANUAA *:i9 ' PAGE 2 concerning the bid amounts. Parks and R reation Directoriilfqia clarified that the base bids are under budget, but with the suggested alternates, thbget is Councilmember Hunter stated that the comtilltfeeirame up$112,000 short. He stated that according to his analysis,the bids came In$52,000 under the estimate. He is disturbed that the committee is unwilling to raise the additional funds. He feels the city went out on a limb by accepting the Opus and Gresser proposals as in-kind contributions. Now that the project is tangible, people may be more willing to make contributions. Councilmember Wachter ask.aditat3yone.p-poached during the fundraising would contribute if the project was definite. Pat Dill indicai itit:ig a:iti iitiitt fs exhausted, but they are willing to do whatever needs to be done to make this a reality. lifkleels thrrilommittee has acted in good faith. Mayor Egan indicated the City would havg;ta;•front a4n until the money was raised. The City cannot finance It, however. He feels it will.be;,easfet::now,fhek: :project is a reality. He indicated he was amazed that the committee was able to att kiiiieff'goatisiriaft:*as unsure whether the project would be built. He commended the committee on their successfdl'fiihdraising. Councilmember Hunter noted there are a lot of people who are angry about this project and don't understand why it went through after two failed referendums. There needs to be some integrity on this process. Councilmember Awada concurred. The Council consensus was that the City has endorsed the Civic Arena project, and the excellent bi4koyide an opportunity for the City to proceed with the project at this time Hunter moved,Awada seconded:a:n t1on.to approve the bids and"priority alternates", per the low bid submitted by Lund Martin, to proceed with i Qtvte•.Arena project, with the understanding that efforts will be pursued to raise$60,000 from the: . mmunityiio'satisfy the funding match,which includes ISD #196 as a resource for funding. Paul Dahlberg rioted.thgt:ti e;.Iciw bid for dasher boards was from Becker Arena Products. He noted they would like. :;1ntervkww:two companies on the refrigeration and the dehumidification systems to see which dvia jlc,jibe'thie best system for the facility. Discussion followed concerning the source of funds for the additional city participation. Hunter and Awada proposed a friendly amendment to their motion to include that$1.4 million will come from the Community Investment Fund;with the remaining to come from the Park Site Acquisition& Development fund which has recently received the proceeds from the 1972-73 bond. Aye: 4 Nay: 0 A question was raised as to how,Vi ?r ::? i il5itfg these additional funds. Councilmember • Hunter proposed that a new committee'b :fo'riilisd':65::i i i:1liese funds. Pat Dill and members of the committee indicated they would prefer not to do that;:;lie suggeted members of the committee meet with Administrator Hedges and discuss future action. Cq iiicilmen, Awada congratulated Paul Dahlberg and Jeff Hensel for their work on this project and keeping it on bi get. She feels they did an excellent job. Other Council members concurred. ICE ARENA RESURFACER Parks and Recreation Director Vraa explained that the prices for the ice resurfacer are very competitive, but are quite different machines. He explained.the:differences between propane and electric Ice resurfacers and indicated he would like to do proposals relater than bids. He noted the city would save on fuel and maintenance costs if the electrie.Qne,.ikp chasgd;;However, if the city specifies an electric ice resurfacer, they won't get competitive bid a:::G tent ar Wachter indicated a concern about pollution in the building. Parks and Recreation Di retfai 'taa'iXplalrii :TF t with a propane ice resurfacer,air quality tests are required on a weekly basis, and more air needs to pa:circulated into the building. He added that the battery life on the electric ice resurfacer has now bee ': xtended to 8 years. Discussion followed concerning the two different types of resurfacers and how ft can be,funded. Councilmember Hunter asked why it couldn't be funded by user fees and amortized. Finance Director VanOverbeke noted that there would be a cash flow problem because the money would have to be borrowed from somewhere. • EAGAN SPECIAL CITY COUNCIL MINUTES;JANUAq ►t; l> 95i •.• PAGE 3 It was the Council consensus that aij• ectric resurfaces stakes the most sense and concurred with the request for proposal to ensure competititrss. The meeting adjourned at 8:15 p.m. at wtiiti ttii 'tiie Council had a retreat. DLP Date `' :cty Clerk If you need these minutes in an alternative fpf : 6`li''as 1 e..g Int,braille,audio tape, etc.,please contact the City of Eagan, 3830 Pilot Knob Road,Eagan,MN 55122;•( 12)681-4600, (TDD phone: (612)454-8535). The City of Eagan Is committed to the policy that all persons have equal access to Its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status or status with regard to public assistance. • • •