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03/02/1999 - City Council Regular jf J AGENDA w" EAGAN CITY COUNCIL-REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING MARCH 2,1999 6:30 P.M. 1. ROLL CALL&PLEDGE OF ALLEGIANCE II. ADOPT AGENDA&APPROVAL OF MINUTES(BLUE) III. VISITORS TO BE HEARD(10 MINUTE TOTAL TIME LIMIT) IV.. DEPARTMENT HEAD BUSINESS(BLUE) p A A. YOUTH Development Program grant,People's Natural Gas V. CONSENT AGENDA(PINK) A. PERSONNEL ITEMS 6n B. WINE AND BEER License for Magic Thai Cafe / C. TEMPORARY Beer License for the Eagan Lions Club for March 13,1999-Eagan Go Bragh event n g D. APPROVE Public Safety Dispatch Agreement,Eagan and Rosemount rr AL1 E. CHANGE ORDER No.4,Invoices 17284&17285,Professional Services,Fire Administration / 7j Building /b F. EXTENSION for recording the final plat of Brookstone-Amcon 1st Addition / 2C) G. FINAL SUBDIVISION,Wispark Corporation for Grand Oak Two n : H. IMPLEMENTATION for the Comprehensive Guide Plan Amendment for Kami,Inc. I. PROJECT 770,authorize feasibility report,Denmark Ave. (Northwood Parkway to Clubview Drive-Extension) PROJECT 771,authorize feasibility report,Lexington Ave. (Yankee Doodle Road to Lone Oak Road-Upgrade) K. PROJECT 749,receive feasibility report/schedule public hearing,E TH 55 South Frontage Road (East of TH 149-Upgrade) �a 9 L. PROJECT 758,receive feasibility report/schedule public hearing,Surrey Heights (Federal Drive to Yankee Doodle Road-Street Overlay) A030 M. CONTRACT 99-01,approve plans/order ad for bids(Johnny Cake Ridge Rd.,Thomas Lake Rd., Woodgate 3rd-Street Overlay) N. CONTRACT 99-05,approve plans/order ad for bids(Johnny Cake Ridge Road Extension-Street &Utility Improvements) f,3a O. CHANGE ORDER Nos.4&5,Cascade Bay f3YP. AGREEMENT with Dakota Hills Middle School,ballfield maintenance ' 3 5 Q. PROJECT 764,reschedule public hearing(Selmark,Harvey,Burrview Acres-Street Overlay) VI. 7:00-PUBLIC HEARINGS(SALMON) 3 6 A. VARIANCE,Vision Technologies,Inc.,to the building setback from public right-of-way,located at 3900 Sibley Memorial Highway in the NE 1/4 of Section 19 V76 B. PROJECT 759,(Beau d'Rue Drive-Street Recycling) SC. PROJECT 762,(Duckwood Trail-Street Recycling) ( D. PROJECT 757,(Ridgeview Acres-Street Rehabilitation Overlay) / ZE. PROJECT 763,(Duckwood Estates-Street Rehabilitation Overlay) VII. OLD BUSINESS (ORCHID) PI Ya A. PROJECT 673R,Red Pine Lane final assessments(Parcel#10-03600-021-79,Oberg) VIII. NEW BUSINESS(TAN) /A. CONDITIONAL USE PERMIT-Jeff and Jill Dietz,to allow a beauty parlor in an R-1 (Single (! Family)zoning district,located at 1410 Kingswood Ponds Road on Lot 3,Block 2,Kingswood Ponds 1st Addition in the NE 1/4 of Section 21 p7; B. PRELIMINARY SUBDIVISION-CSM Lodging,L.L.C.,(TownePlace Suites Addition)to create two lots,legally described as Lot 1,Block 1,Duckwood Bluff. The existing lots has a 105 room Fairfield Suites Hotel and the proposed lot for a 95 room TownePlace Suites Hotel,located on Duckwood Drive and Crestridge Drive in the SE 1/4 of Section 16 C. CONSIDER Interim Ordinance,greater Cedarvale Area/Hwy.13 corridor IX. LEGISLATIVE,/INTERGOVERNMENTAL AFFAIRS UPDATE(GREY) X. ADMINISTRATIVE AGENDA(GREEN) XI. VISITORS TO BE HEARD(for those persons not on agenda) XII. ADJOURNMENT XIII. EXECUTIVE SESSION 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. Updated 2-25-99-8:15 a.m. MINUTES-OP.-A SPECIAL MEE�j�b OF THE MGAN CITY COON&-- ;lagan, Minnesot?:: �Qjcei.�7c�r•:3�t#398 A special meeting of the Eagan City Council was held on Tuesday, November 24, 1998 at 5:00 p.m. in the Community Room of the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Blomquist, Masin and Wachter. City Councilmember Awada was absent. Also present were Director of Finance VanOverbeke, Director of Public Works Colbert and City Administrator Hedges. Mr. Larry Poppler addressed the Citk Council stating that during 1999, he would like the Public Works Committee to hear his concerns,.;$#ivjjt the ci for road improvements within Poppler Addition. Mayor Egan thanked Mr. Poppter:pc: iS:ietitir ;: FIVE YEAR CIP PART III (1999-2003) City Administrator Hedges introduced the Five Year Capital Improvements Program (1999-2003) stating that the agenda includes a presentation on streets and highways, utilities and parks identified as Part III of the Five Year CIP, followed by a presentation on Part I, General Government Facilities, and Part Il, Vehicles and Equip–*.cd City Councilmember Blomquisf--*:t tib::ilsat:•.$ince City Councilmember Awada and City Councilmembers-Elect Bakken and Carlson uy'.ere not'ir'r:t1t6hdance, it would be appropriate to continue the Five Year CIP to 1999. After brief discui�ipn, it vyg§.:ct=—rred by members of the City Council that the Five Year CIP be continued for review by.thi :neVi<; i c: tilJncil in early 1999. ORGANIZATINAt'�EVELOPMENT CONSULTANT City Administrator Hedges stated that at the direction of the City Council, he has completed a recruitment and interview. process for the selection of an organizational development consultant. He presented the names of three (3) different firms which were discussed by the City Council. City Administrator Hedges stated that•;•he.;did;seek.rgfgrgnces from other cities and the League of Minnesota Cities for the consultants whp:ycer- iM view f :: f :CounciImember Blomquist stated that the new City Council should have input into 'e* since the retreats are for the new City Council. City Administrator Hedges stated ft he ha$::K;Bviewed the list of consultants with City Councilmembers-Elect Bakken and Carlson and thiey:expres*e!g a comfort with two (2) of the firms. After further review, there'was consensus that Lonnie Kfteson d6Ksulting Services be retained as the City's organizational development consultant and the firsf creat WA46e 1999 City Council would be held during the month of December. ... ADJOURNMENT There being no further business, the meeting::vd�s adjourned at 6:30 p.m. Date City Clerk TLH . MIN TES:OF.A SPECIAL MEU:114G OF THE tAGAN CITY COON& ::lagan, Minnesotat:: A special meeting of the Eagan•.City Council was held on Tuesday, January 12, 1999 at 4:00 p.m. in Conference Rooms A and B of the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Blomquist, Carlson and Masin. Also present was City Administrator Hedges, Mayor Awada noted that there wiM*.:no visitCifs-ko be heard in attendance at the Special City Council meeting. ADVISORY COM*ISS3i hi F tQlfJi4•.- S INTERVIEWS The Special City Council meeting was held for the purpose of interviewing thirty-one (31) individuals seeking either reappointment or appointment to an advisory commission. Mayor Awada welcomed each individual, followed by a series of questions by members of the City Council during a ten minute interview. The interviews were coftfi #Mgd;at approximately 9:30 p.m. It was determined by the City Council that the appointments would January 19 regular City Council meeting under Organizational Business •• I 4i OURN*PW--::- There being no further bri8ifi s 4he iiieeting was adjourned at 9:35 p.m Date City Clerk TLH ii MINUTES OF A SP.EWd CJAl ME9TING OF THE :;�egai3i;•'iVlii1t'teSGf�: :;:; .......January 19, 1999 A special meeting of thewas held on Tuesday, January 19, 1999 at 5:45 p.m. in the City Council Chambers of tFiscihltiiritisal Center. Present were Mayor Awada and Councilmembers Bakken, Blomquist, Carlson and'ivla iri� Also present were Assistant City Administrator Verbrugge, Director of Finance VanOverbeke, Director of Public Works Colbert, Senior Planner Ridley and City Administrator Hedges. UPDATE B.Y:4..r; 3,4,UATJYE..Q4J�EGATION City Administrator Hedges stated t�f •each yi&,' early in the legislative session, the City Council has made an effort to meet with their IegisiWe delegai�n for the purpose of discussing issues of mutual concern that are likely to be raised dur -..the leg±�l #ive session. Mayor Awada welcomed Senator Wiener, Representative Wilkin and.�grti v.:*-' oeft, regi senting Congressman Bill Luther's office. She further stated that the City of Eagari:i p gly it}! JY :iz .legislative positions through the Municipal Legislative Commission, Association of Ntet'ropolitan Mitittc'tp'2lities and League of Minnesota Cities. Mayor Awada facilitated discussion around the City's interest in extending light rail transit (LRT) into the City of Eagan around the Cedar Freeway/Trunk Highway 13 interchange. Senator Wiener and Representative Wilkin both stated that funding is an issue; however, they will pursue the City's desire to have LRT extended into the City;of. Eagan at the Highway 13/Cedar Freeway location. City Councilmember Blomquist stated that k4-*-: w::.Gity Council has not taken a position relative to LRT, however, agrees that the City should proc646d:.flh:Jfte:Gedarvale study and keep pushing for LRT even though the extension of LRT into Dakota County m'6? ictSo ecur right away. City Councilmember Masin stated that she is chairperson of the Suburbi Transit AUth xjiy which supports implementation of the Hiawatha Avenue Corridor and plans to actio* partip,.NS-::€tie debate relating to line expansion which would likely occur into the City of Eagan.,Sei3�cfC�f: ner stated that she has received positive feedback on busing and commended City Coun ei~eii * Masin and the City of Eagan for their support and involvement with the MVTA. Mayor Aveda stated that the expansion of LRT into the City of Eagan will provide an excellent means of transportation for more people to fill job openings in the City of Eagan where unemployment is averaging approximately 1.5%. Representative Wilkin agreed, stating that the Legislature and local units of government need to be more aggressive with the promotion of the bus systems until the LRT system is completed. Other topics that were:iiicEsSer#: tEit3&dis status of the Metropolitan Council and appointment process for the Metropolitan Council..,representative for District 15, new building code revisions and sales tax. Senator Wiener stated th*tis-he is in:: ipport of repealing sales tax to local units of government. Representative Wilkin stated thak hb has dtgred legislation that would abolish vehicle emission testing. .,.. Ms. Hoeft, representing Congressman Luther, commented on TEA 21 legislation and how that transportation funding will continue to help with highway improvements. She further stated that the Congressman has supported funding LRT in the past. She also provided information on Y2K and spoke to the 2000 census, suggesting that a workshop be held in the future with local officials. After further discussion and dialogue, ;;t`3styor Awada thanked Senator Wiener, Representative Wilkin and Corrine Hq�it•.#cX;.#haic.:, ter�ciac}ee and participation at the Citi/ Council's legislative update. ADJOURNMENT-- There being no further business, the meeting was adjourned at 6:15 p.m Date City Clerk TLH MINUTES Q'-FWHE•U`�•,U2a—MR!'ING OF THE :Eagan,Minnesota: ";,February 16,1999"" A regular meeting of the EaganCit Coxa i�.was-.bQ,;:o'n Tuesday,February 16, 1999 at 6:30 p.m, at the Eagan Municipal Center. Present were' %4f: Q*' d Councilmembers Masin,Blomquist, Carlson and Bakken. Also present were City Adm 'a* Tom Hedges,Senior Planner Mike Ridley, Director of Public Works Tom Colbert,and City Attorney Jim Sheldon. AGENDA City Administrator Hedges noted fji&r'itn E*Kuittie-9ession would follow the regular City Council meeting. Councilmember Bakken moved,Councillz�e�ber Carr seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE FEBRUARY 2,19 99 REGULAR MEETING Councilmember Masin moved,Councilmember Bakken seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 RECOG4ft*;fNfi-.&PRESENTATIONS Mayor Awada acknowledged the follct��:ing outg- g"commission members' service: Doug Pewowaruk and Jane Vanderpoel-Airpdrt-:It oitS Commission Steven Burdorf-Advisory Planning Com3r.•m :-:: Jerry Farlee and Michael Vincent-Advice;3t'f'arks Commission Dave Vogt-Economic Development Commission Dan Breva-Solid Waste Abatement Commission Dan Breva was present to accept his certificate of appreciation. DEP;kTIMps T':: tf�3i$ 3 INESS CEDARVALE AREA STUI& TAS1K;-1)bRCE CREATION City Administrator Hedges provided an oi4iview or?'t t s item. Councilmember Masin moved,Councilmember Blomquist seconded a motion to direct staff to begin work on the creation of a task force. Councilmember Masin suggested that an invitation tp••�:,erve on the task force be extended to the community's LRT representatives Margaret Schreiner and To'iii$utler. Councilmember Carlson requested that a notice be published in the,nglvAPARer inf4lmuig the public of the opportunity to serve on the task force. Councilmember Blomqu staf cl t db.ex :a`R*ertain individuals who own and operate businesses in the Cedarvale area who in serving on the task force. She suggested some names for staff to follow up with to determine0eir interest level. Mayor Awada suggested that staff contact the Cedarvale Merchants Associa3ift and ask them to recommend five business representatives to serve on the task force. Councilmember Blomquist stated that not all businesses in the Cedarvale area are members of the merchants association. City Administrator Hedges noted that staff has sent notices to all members of the Special Services District. Councilmember Masin added that it is important for the City to contact,via flyer,all the tenants EAGAN CITY COUNCIL MEETING MINUTES;FEBRUARY 16,1999 • PAGE 2 who rent business space in the area and meeting on Friday. Councilmembers concurred. Councilmember Carlson reiterated her suggestion of noticing the public about the creation of the task force. Councilmembers agreed. A vote was taken on the Councilmember Masin asked if copies of tic Oevelopiakt Review Process Questionnaires and the compiled results are forwarded to the Economic.Developmerit Commission members. City Administrator Hedges stated that copies of the jti ht" nnaire& i results will be forwarded to the EDC. Councilmember Masin commenaiout the' ristve noise that has been reported at Lull d Industries during the night. Senior Planner Ridley provided an explanation and added that Lull has requested that residents contact them directly with any noise concerns. Councilmember Masin asked for an update on the status of replacing benches in the City. City Administrator Hedges stated that he worald contact Director of Parks and Recreation Vraa to determine if this matter has been addressed by the A1 ::::::::... Councilmember Masin inquired abou the st'a* .ri .*dditional re-broadcast times for City meetings. City Administrator Hedges said thtk.:the possibiliri.Qf additional playback times is still uncertain but added that he will provide an triclatet>'.7eiaiia�ile. :;:C�'X'hNT AGENDA Councilmember Bakken moved,Councilmember Carlson seconded a motion to approve the consent agenda. Councilmember Masin requested:tbPtt.jle tg. ;:3:a ►d:L4:be separated from the consent agenda. W:*,S Councilmember Blomquist requested tfi ;a ti }fie: pasted from the consent agenda. Councilmember Bakken retracted his ear4e ;motion Approving the consent agenda allowing for the above referenced items to be separated from tlj rronsent a' hda and further moved approval of the balance of the consent agenda. •- A. Personnel Items Item 1. It was recommended to approve the promotion of Patrol Officer Dan Mason to Crimes Against Persons' Detective. Item 2. It was recommended to approve the hiring of Christopher Colbert and Jessamine Kruzitski as part-time seasonal warming house atteiv if :;::;:; :;............... Item 3. It was recommended to approve the hiring of John Np!;Sariak as a part-time seasonal Rink Rats hockey instructor. Item 4. It was recommended to approve revising Section 10.1 regarding working hours and overtime pay by adding the following underlined language: ."for all non-exempt employees as defined by the Fair Labor Standards Act(FLSA),except those non-exempt employees specifically exempted from overtime f EAGAN CITY COUNCIL MEETING MINUTES;FEBRUARY 16,1999 PAGE 3 provisions under the FLSA,40 hours shall Constitute a normal'wv'rking week and all hours worked in excess of 40 hours per week shall be refer a.to as"overtime,."::;:;:::: B. Final Plat extension Transport Corporatid h;.Zt f:A*ikit> isc'*for Transport America Headquarters Addition. It was recommended to approve a 60 of the recording requirement for the Transport America Headquarters Addition(located north of Yankee Doodle Road and east of Highway 13 in the SE 1/4 of Section 8). C. Final Planned Development and FinaL•S�t#�i•JM ,P. �lta-.Hoses of MN Inc. for Oakbrooke It was recommended to approve a Final Planner: iaQloiicr3t:joil#g) of a 117 acre site located north of Diffley Road and east of I-35E(generally in the sou�:Aalf of SQn 21)from A,Agricultural and RB, Roadside Business to PD,Planned Development arid,to approve a Final Subdivision creating 79 single family detached dwelling units and 8 outlots upoi*JJ7 acre M*:located north of Diffley Road and east of I-35E(generally in the south half of Seatti�x : D. Final plat,Dart Transit for Gopher Eagan Industrial Park No. 16. It was recommended to approve a Final Plat(Eagandale Center Industrial Park No. 16) that will replat fourteen individual parcels of land into three lots which correspond to the structures and uses that occupy the property located south of Lone Oak Road and west of T.H. 149 in the NE 1/4 of Section 11 and the NW 1/4 of Section 12. X. E. Project 740, receive feasibili report/*-b 1ule•�ublic hearing Silver Bell Rd. (Hh . 13 to Kennebec- Reconstruction). This item was pulled fromfil> : istiY.agenda. F. Project 764 receive feasibility report/schedai} �e public keadttk•SSelmark Harvey Burrview Acres- Street Rehabilitation Overlav). This item was, u .&-consent agenda. G. Final Plat extension,Eaganwoods Offii~e`1"ark 2nd,Buffets,Inc. It was recommended to approve a 90 day extension of the recording requirement for the Eagan Woods Office Park 2nd Addition(located west of Pilot Knob Road and east of Lost Spur Country Club in the NE 1/4 of Section 4). H. Schwan Lake fishing pier grant,DNR. It was recommended to approve a cooperative agreement with the Minnesota Department of Natu :RQssl*tcqs;{pNRI .for-.the provision of a fishing pier for Schwan Lake and to authorize signatures:b',.:I]*.* iayp7: c# i# Clerk. 1. License renewals for Ciardelli Tree.&Landscap� ;:The Tr "stump Company Henning Rhode& Associates and AAA-Lawn Service. It was recomrrii ded to `Prove the 1999 renewals for Ciardelli Tree &Landscaping,The Tree Stump Company and He*h*ing Rho&;&Associates for tree contractor licenses and AAA Lawn Service for a commercial fertilizer license as presented. J. Tobacco license for Tobacco Pride located at 1960 Cliff Lake Road. This item was pulled from the consent agenda. K. Proiect 768,authorize right-of-way acquisition,Ring Road.. gnment(Northwood Pkwy ) This item was pulled from the consent agenda. L. Traffic control signal, approve agreeiite'rifwifh IblitfI3( � 1fley Road&TH 3) It was recommended to approve the agreement with the Minnesota Department o ;�;ransportation for a traffic control signal (Diffley Road and TH 3)and authorize the Mayor and City�lEek to execute all related documents. A vote was taken to approve the consent agenda. Aye: 5 Nay: 0 Mayor Awada acknowledged the four items that were separated from the consent agenda. EAGAN CITY COUNCIL MEETI.NG MINUTES;FEBRUARY 16,1999 ' PAGE .... .... t In regard to Item E,Project 740, receive feasibility rept 'schedule public hearing,Silver Bell Rd. (Hh3,. 13 to Kennebec-Reconstruction),CtSvncilmember MasiA-asked if there was any reason to delay action on this item with regard to the project: acation and its.'Ok6kimity to the Cedarvale area. Director of -Public Works Colbert stated that he does not:�i viigo;t;thiib;gi*a:-changing and added that it is timely to perform the maintenance on this road. Couna *"?. I'o'iiiquist said that since the Council is still in discussions about the City's assessment policy as it pertains to addressing road repair and special assessments she would be voting against Items E and F. Mayor Awada moved,Councilmembg..Pakken seconded a motion to receive the draft feasibility report for Project 740 (Silver Bell Road- #2eciaicoif} S�d schedule a public hearing to be held . on March 16,1999. Aye: 4 Nay: 1 (Councilmember: loriiquiQt:Qpposed) In regard to Item F,Project 764,receive feaii,i ihty revert-f schedule public hearing, (Selmark, Harvey,Burrview Acres-Street Rehabilitaion 03*% iiy) Cwii c' member Blomquist indicated that she would be voting against this project untit;> how they are going to proceed with similar projects in the future. Councilmember Bakken moved,Councilmember Carlson seconded a motion to receive the draft feasibility report for Project 764 (Selmark,Harvey,Burrview Acres-Street Overlay) and schedule a public hearing to be held on March 16,1999. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) In regard to Item J,Tobacco licen§elocated at 1960 Cliff Lake Road, Councilmember Masin stated that the Council ne�d5'to:aitdfess.possible ways of limiting new tobacco vendors from locating in the City. Councilme er Carlson suggsted addressing this issue at a future Council work session. Mayor Awada suggested thatCthber Masin put her concerns with the existing policy in the form of a memorandum fi4-b�, at a future Council work session. Councilmember Carlson moved;'Councilmember Bakken seconded a motion to approve a tobacco license for Tobacco Pride located at 1960 Cliff Lake Road. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) In regard to Item K,Project 768,aufhorize.right-pf-way acquisition,Ring Road Alilig ment (Northwood Pkww.),Councilmember NfS;5yZi;sai4; :i * i?t erstanding that someone may object to the proposed alignment and asked if action by the Council'#ctiiigiit'i��ould preclude that person from voicing their objection. Director of Public Works Colbert e93�t4ined thiElhe action by the Council would allow staff to formally proceed with the appraisal process fallow ed iy-:-the public hearing to bring all interested parties before the Council to discuss the issue. . Councilmember Bakken moved,Councilmember Carlson seconded a motion to authorize the acquisition of right-of-way for Project 768(Northwood Parkway-Ring Road Extension). Aye: 5 Nay: 0 OLD BUSINESS.. . PROJECT 745,BLUE GENTIAN ROAD-REDUCE SCOPE OF PUBLIC IMPROVEMENT City Administrator Hedges prop; aitiiie`rY: ? is item. Director of Public Works Colbert gave a staff report. Councilmember Awada moved,Councilmember Masii#'seconded a motion to reduce the scope of Project 745 (Blue Gentian Road-Streets &Utilities)by deleting that portion between Blue Water Road and Highway 55,and authorize amending the legal description for right-of-way and easement acquisition as required by eminent domain condemnation. EAGAN CITY COUNCIL MEETING MINUTES;FEBRUARY 16,1999 PAGE 5 Greg Miller,Regional Director foi..Wispark CorporatiA,*aid that Wispark is supportive of reducing the scope of the project,but addv4%that timing is becQ;ning critical in the development of the business park. He further added that thef Blue Gentian Road is in the best 'interest of this area for the long term. A representative of Parking Associates,indicated that they have no position on either option presented,but they do object to the condemnation and assessment process. He agreed with Mr. Miller that the extension of Blue Gentian Road is an important part of the ultimate development of this area. Ray Nutzmann,1027 Blue Genti4'"::4 At tl't t N* eferred Option 1 of constructing a cul de-sac with connection to Highway 55 only. Jim Hanson, 1000 Blue Gentian Road,said:. i?!t he prefg od Blue Gentian Road be constructed as originally proposed and further said that it.H:ouk0t:i 1Qre economically feasible to complete the work now. He stated that if the construction W146:sack:N- '.i;:Kon supported by the Council,he would prefer a cul-de-sac be constructed at Lexington Avenue*"" Dean Busing stated that he would prefer that Blue Gentian Road be left as is without any cul-de- sacs. He added that he is concerned with the amount of the special assessments. Director of Public Works Colbert explained that if this project were reduced in scope the assessments would be deleted from properties that would have abutted the ki;a ;a went. Mary Eggum stated that he was oppo #.uction of cul-de-sacs at either end of Blue Gentian Road,but if he had to choosehe wouort'Option;.l. He further stated that he would prefer Blue Gentian Road remain a gravel road. He skid tl?a : l#:©f.li*:properties should be purchased and developed by the City using Tax Increment Roger Reiling,1030 Blue Gentian Road,expressed concerns with Option 2,which would prohibit direct access to Highway 55,stating that response time would be increased in the event of an emergency, ice and snow conditions would prevent residents from reaching their homes and property values would be adversely affected. He added that he is in favor of leaving Blue Gentian Road as it is. Kate Hanson, 1000 Blue Gentiaii:I z acf t ed;tfi�t�ki Eng the scope of the project only results in a temporary fix to the traffic flow pro blem'and'the aaditioiral'6pense incurred will not help to solve the entire problem. Mr. Nutzmann said that the City Councils zId com4l&r the option supported by the majority of the residents. Councilmember Carlson noted that a wide array of opinions were expressed by the property owners in the area and suggested Blue Gentian Road be left in its current condition. Mayor Awada supported that position. Councilmember Bakken asked about the feasibility of blocking off the middle of Blue Gentian Road and constructing two cul-de-sacs at each ji.i� of the road. Director of Public Works Colbert stated that although this could be accomplished,it wo4i d require additional right-of-way acquisition and would result in Carlson expressed her concern with constructing a cul-de-sac at Highway 55�:........ Mayor Awada offered a friendly amendment to herij lion that the construction of a cul-de-sac not be addressed at this time and that Blue Gentian Road noi:iie improved at this time. Councilmember Masin accepted the friendly amendment. EAGAN CITY COUNCIL MEETING MINUTES;FEBRUARY 16,1999 PAGE 6 Mr. Miller asked about the future:of the project. DireeW.:of Public Works Colbert explained that the scope of Project 745 was reduced and:*-extension of B1uji,.Gentian Road would remain in the long term concept plan to be re-addressed at thei_Q of future dveppment. A vote was taken on the motion. Aye �3filay:f1: COMPREHENSIVE GUIDE PLAN IMPLEMENTATION AND PRELIMINARY PLANNED DEVELOPMENT AMENDMENT FOR EASTER LUTHERAN CHURCH City Administrator Hedges prow ltQi.. �s�i:k#iss item. Senior Planner Ridley gave a staff report. Councilmember Blomquist moved,CouncgikmberB,a; en seconded a motion to implement a Comprehensive Guide Plan Amendment cbapg tg lte exist :and Use Guide Plan designation of approximately 2.4 acres of land located its:bf:Lliff�,cf O:bf een Lake Park Drive and Pilot Knob Road (within the SE 1/4 of Section 28)from D-I (0-3 units per acies) to PF,Public Facilities. Aye: 5 Nay: 0 Councilmember Bakken moved,Councilmember Blomquist seconded, a motion to approve a Preliminary Planned Development Amendment to incorporate an additional 2.4 acres of land located north of Cliff Road between Lake Park Drive and Pilot Knob Road (within the SE 1/4 of Section 28)into the Preliminary Planned Development appio 41:.*1995 subject to the following conditions: 1. The applicant shall enter into a Development Agreement in accordance with Section 114.-}ubd. 6 of fhe.C4 Code prior to the Final Planned Development/Final Plat applealion;..:::::::.:::::::::::•' 2. The church shall be conSictt�t'in accordance with one of the following phasing plan scenarios: Phase Scenario#1 Scenario#2 Scenario#3 I-June 1999 Bldg. Area B Bldg. Areas A&B Bldg. Areas B&C II-June 2004 Bldg. Area G:.•.•.•.................. Bl .Area C Bldg. Area D III-June 2009 Bldg. Areas:lk::&: ?:::::: :::: BIi :; ia D Bldg. Area A AREA* ACTIVITIES BUILDING AREA A Fellowship Hall,Youth Rooms,Ki n,Lobb'.;fiIallwa y 13,450 sq. ft. B Family Life Center,Pre-school Area;.Ihfant&W"iddler 29,070 sq. ft. Center/Classrooms,Receptionist,Administrafivh, Lobb /Hallwa s,Locker/Showers,Mechanical C Sanctuary,Library/Lounge,Meeting Rooms,Hallways, 35,400 sq.ft. Sacristy,Narthex/Gathering/Hallwa s,Parking Structure D Learning Spaces,Meeting Rooms,Music Pra�*9,Chapel, 26,080 sq. ft. Choir Practice,Lobby/Hallwas Total ................ .......:... 104,000 sq.ft. 3. The term of the Planned'D2Ve7opin2iif'slta2t iie''15 years from the date of City Council approval. 4. The entire site shall be platted prior to the initiation of phase 1. 5. Prior to the issuance of building permits,the following plans shall be approved: Final Plat EAGAN CITY COUNCIL MEETING MINUTES;FEBRUARY 16,1999 PAGE 7 ..... Final Site Plan Final Lighting Ply.'. Final Utility Plan Final Grading,Draii a e:&t: i§£ij i ihtrol Plan Final Landscaping Plan' Final Signage Plan Final Building Elevations Tree Preservation Plan 6. In an effort to reduce tree'Yi2mkt* };'ytaf# til:X' ;x sentatives of the applicant shall select at least twenty-seven (27)trees,fraj i die tree i*bb;oval inventory,for transplanting from construction areas to safe areas on sit e. This ti'iii'transplanting shall occur prior to grading and/or construction actiyiii $. 7. If tree removal cannot be;rz i rzcetl'to a�foK;W;{ 'limits(99 trees),via transplanting, the applicant shall install Category A,B,or C trees,in an amount determined by staff to fulfill tree removal in excess of allowable limits. 8. Tree Protective measures (i.e.4 foot polyethylene laminate safety netting)shall be installed at the Drip Lin44:or at the perimeter of the Critical Root Zone,whichever is greater, of significant trams t c- ands to be preserved. 9. The applicant shall contact thq.City l~i5r €iy bivision at least five days prior to the issuance of the grading permim ensure mience with the approved Tree Preservation Plan. 10. A natural boulder retailti g:H'a7Vshall be provided to increase the interval of undisturbed buffer to at least 20 feet in this area. All disturbed areas associated with this and other encroachments (as well as around the pond features)shall be re-established with native perennial grasses that are left in an unmaintained condition. 11. As a condition of Final 1?}4ed:Dev @pRi.Qnx approval,the applicant shall be subject to a cash contribution for Aye: 5 Nay: 0 RELEASE OPTION-OUI-LOT A,PI RTREE F0ft6T (ROYAL OAKS REALTY) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved,Councilmember Masi�$econded a motion to accept public comment. Mike Black,representing Royal a SsRei ..g*t*&:;t is highly unlikely that Outlot A would ever be used for the realigrunent of of this outlot leaves some uncertainty for potential buyers and has affected sales of adjt lots in the development. Mayor Awada said that she has not changed her earliei'•position on this matter to retain the option on Outlot A for possible realignment of 120th Street since there is no plan available at this time for a second access to Highway 3. EAGAN CITY COUNCIL MEETING MINUTES;FEBRUARY 16,1999 PAGE Director of Public Works Colbert7i6* ted that staff has received and commented on the draft of the City of Rosemount's Comprehensive Plari:j�o added that Ro�Munt is in the final stages of submitting the document to Met Council for review. Wfwther add0;t W-the City of Eagan is in the early stages of preparing its draft Comprehensive Plan and plO.;i#iptpected to be completed within the next six months. He commented on the future developmeitf'oi't�iLs area and the installation of utilities and streets. He stated that the City of Eagan needs to work with the City of Rosemount to reach a level of detail beyond what can be addressed in the Comprehensive Guide Plan. He noted that in early discussions with Rosemount City staff,it appears that the Rosemount City Council may not be in support of urban development in this area. He stated that F,68..}: sia �»ould•like to continue to work with Rosemount . ' •.. City staff to have this matter brought tot 33 ser i . :tfi?cil's attention to familiarize them with- all the details to support 1201h Street along its curregt-:alignme ; Mayor Awada noted that if the City of E4.S'ois currunable to work with the City of Rosemount to extend 120th Street along its• f dig a #X:inay be necessary to construct the street via Outlot A. .... Councilmember Bakken moved to approve a release of an option to acquire Outlot A,Pinetree Forest,for right-of-way purposes. The motion failed for lack of a secgnd and the release of the option to acquire Outlot A,Pinetree Forest,for right-of-way purposes was doAk.e::::•:•... . Councilmember Masin asked if it was.:poss b*e:ft: tesignate a timeframe for the option on Outlot A. Mayor Awada stated that the option was f0a five-year.peri;Sd and noted that approximately three years still remain on the option. She said she ? ieVES.44 gnment of 120th Street will be determined prior to that time. Director of Public Works Colbert mentioned that Eagan City staff has been actively meeting with Rosemount City staff regarding this matter. Councilmember Masin moved,Councilmember Bakken seconded a motion to draft a letter to Rosemount Mayor Cathy Busho to request: mt u :d scuss�.on between Eagan and Rosemount regarding the future alignment of 120th• t tve# 1}ierrt.in this area. Aye: 5 Nay: 0 NEW i 08INES5:::::: RESPONSE TO DAKOTA CdtNTY HkkbN THE GROUP FOR AFFORDABLE HOUSING'S APPLICATION FOR TAJ0-CEMPT BONDS TO FINANCE THE ACQUISITION OF VIEW POINTE APARTMENTS City Administrator Hedges provided an overview on this item. Councilmember Carlson moved,Mayor Awada secAaed a motion to approve a response to the Dakota County HRA to the application submitted by the Grcrdp for Affordable Housing for the issuance of tax-exempt bonds to finance the acqartments. Robert Foster,President of the Group for Affordablq:�I—using's Board of Directors,stated that. they are required to allocate a sum of money for capital improvements to the apartment complex. He commented on the tenant mix and stated that it currently m669*their requirements and is not expected to change. He added that participation in the Crime Free Multi-Family Housing Program will continue. A vote was taken on the motion. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES;FEBRUARY 16,1999 PAGE 9 CONTRACT 98-24,*A;'PROVE PLANS/t}R�ER AD FOR BIDS (BLUE WATER ROA1r?:�;STREET&UTW-.- 1'IMPROVEMENTS) Councilmember Bakken moved,C' on seconded a motion to approve plans for Contract 98-24(Blue Water Road-Street and Uma :a t�SPOvements)and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday,March 11,1999. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION&VARIANCE-KEITH HITTNER (HITTNER ADDITION) City Administrator Hedges prow it i i @f:�1.-q*.4�tti1S item. Senior Planner Ridley gave a staff report. Councilmember Carlson moved,Councihi ber M,% f�seconded a motion to approve a Preliminary Subdivision to create five lot,•ande;tiytl ;�tit :a Variance to allow parcels without public street frontage,on 4.8 acres at the southe*$#.t?*i'i' of-ii.- ; :1'Srive and Nicols Road in the NE 1/4 of Section 31 subject to the following conditions: 1. The Developer shall comply with these standard conditions of plat approval as adopted by Council on February 3,1993: Bl,B4,Cl,C2, :a?ic .Iti� 2. The property shall be platted.. 3. Prior to final subdivision, more fully the possibility of obtaining the land eastpf, u�53d' 'est of Vienna Woods for inclusion in this subdivision. 4. The swimming pool shall be removed in accordance with the Development Agreement to be approved by the City„,A,ith financial security granted to the City to be held until the swimming pool is removed simultaneously with any new construction. 5. The developer shall wo #s:c�=iii$taf;o:© .:'both wetland buffer and tree .. preservation. (This condition reflects iiiodifications made following Council discussion.) 6. A cash water quality dedication is;i;puired iiK&u of on-site ponding. The cash dedication required is based on tfii�4sea and:VPpervious characteristics of developed lots and is payable at the time of final subdivision: 7. The private drive shall be constructed with concrete curb and gutter to a minimum width of 20 feet(face-to-face of curb)as required by City Code. The drive shall also be constructed with a vehicle turnaround at its AWth end in accordance with City standards. 8. A homeowner's association shall be establislietl''for the ownership and maintenance of Oudot A,the private d lct8� Mt p*W%:$1� l 0:aesignated as common area and with the recording of the plat, 6- cord conveyance of Outlot A to the homeowner's association. 9. Ponding easement to three feet above the caliUated high water level of the wetland shall be dedicated on the final plat for this development. 10. An Individual Lot Tree Preservation Plan will be required at the time of building permit application for each of Lots 1,3,4 and 5. EAGAN CITY COUNCIL MEETING MINUTES;FEBRUARY 16,1999 ' PAGE 10 11. Lots 1,3,4 and 5 are subftto a cash parks ap?4.trails dedication payable at the rates in effect at the time of final".4iyision. Keith Hittner,4700 Nicols Road,requ29 t is t e'Council allow for deviation of the required 30-foot buffer around the wetlands which would allow additional trees to be saved. Senior Planner Ridley noted that the 30-foot buffer is not an ordinance requirement but rather is a recommendation that the water quality staff makes when there is a wetland on a piece of developable property and he further noted that the APrC has also recommendgdi he;30.:foot buffer be retained. Mr.Hittner showed a drawing prepared by Hedlund Engineering depic. #ios::itoylfitivate road to accommodate the wetlands will impact the trees. Senior Planner Ridley corrini>r�i€eii'that*:dioice needs to be made between the competing interests,i.e. trees and wetlands. Mr. Hitfrier stater:fiat a compromise could be reached to attempt to accommodate both interests to some e4iAj . Mr. Hittner questioned the asses e*' ,'the:�q y�'and stated that because of the grade issue and staff's recommendation,access will be taken off Piri OW Drive instead of Nicols Road. Director of Public Works Colbert stated that it would no longer be appropriate to assess the lot from Nicols Road since the developer is constructing his own parallel lateral system. Mr. Hittner stated that there is also a storm sewer trunk assessment which was calculated based on square footage and asked if this would be reduced if he granted an easement to the City for the pond. Director of Public Works Colbert stated the square footage would be deducted at the; ;Q the final plat. Councilmember Carlson said that she wa5'i t:sii�iP*,-&pf allowing the private road to meander through the trees in order to avoid removing tliem and to''attpin- t to save the wetlands. Senior Planner Ridley stated that staff would work with the eigin,�e4. ;t i4thils in order to save as many trees as possible and limit the wetland buffer im P•ac1,*::* Councilmember Bakken added fFiat priority should be given to preserving the wetlands over saving additional trees since trees can be replanted. Mayor Awada made a friendly amendment to the motion stating that modification of Condition 5 should be left to staff's discretion. Count mQmbex.Culson accepted the friendly amendment. Condition No. 5 was amended as 5. The developer shall work with staf'to optimiK*:both wetland buffer and tree preservation. A vote was taken on the motion. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION-AMOCO OIL COMPANY(AMOCO SECOND ADDITION) City Administrator Hedges provided an overview op.`.. item. Senior Planner Ridley gave a staff report. Councilmember.Carlson move seconded seconded a motion to approve a Preliminary Subdivision(Amoco 2nd Addition)consisting of tw9 lots on 9 acres currently platted as Lots 14-18,Block 5,Eagandale Center Industrial Park No. 3,locaf�a-in the NW 1/4 of Section 11 subject to the following conditions: 1. The Developer shall comply with these standard conditions of plat approval as adopted by Council on February 3,1993: • EAGAN CITY COUNCIL MEETING MINUTES;FEBRUARY 16,1999 PAGE 11 ..... .... ..... Bl,B2,B3,B4,C# ;C2,C4,Dl,El,Fl aMd:G1 2. The property shall be plati�df:. 3. Development on Lot 2 shall mefta€erquality mitigation requirements through on- site ponding. Ponds should be constructed to meet the City of Eagan Detention Basin Design Standards with surface area and wet volume of at least.37 acres and 1.0 acre-feet, respectively. Skimmers of suitable design to the City shall be installed on the outlet of all detention basins and the cligsc cue gips$frpm;thp detention basins should be extended to the NWL of Pond EP-7. 4. An undisturbed and unmaintaineAu'iffer ext�'f(;•Iing at least 30 feet back from the delineated boundary of any wetlaMc�shall be reserved. The low area in the southwesternortion of p #k?g•sit�:�lrb'�t�I.pQ e�&�y�ated for possible wetlands. No filling or draining of any wetland*:is&.OWL' . 5. Future development on Lot 2 will be subject to the requirements of the Eagan Tree Preservation Ordinance(City Code Section 11.10,Subd. 15.1). A tree inventory and tree preservation plan shall be submitted with an application for a building permit on Lot 2. 6. Cash dedication for parfa-* G}.trails is required on 4.9 acres. Aye: 5 Nay: 0 Director of Public Works Colbers:*:t#d-'fhat he received an estimate,not to exceed$25,000,to complete the corridor study for Wescott'Road and Lexington Avenue and asked if the Council would like to review or have staff review and evaluate the scope of services and authorize a consultant to begin work. The Council consensus was for staff review only. Councilmember Carlson movedt;•C9uuciJuWplbP_z B4.�ken seconded a motion to approve the scope of services to be performed by SIS ipSt tsX3yGi d be Wescott Road and Lexington Avenue corridor studies at a cost not to exceed$25,000. City Attorney Sheldon noted that the purgtbSB of the Executive Session was to discuss existing and pending litigation involving the Cliff Road Wiktor Treatn?i13 Plant. City Administrator Hedges mentioned that the Eagan Fire Department was celebrating its 35f anniversary and added that the annual banquet would be held Saturday evening. He recommended the Council consider approving a resolution in honor of the 35th anniversary. Councilmember Masin moved,Councilmember Bakk k:seconded a motion to approve a special resolution to acknowledge the volunteer firefighters for 35 ye2tr9'of dedicated service. Aye: 5 Nay: 0 Mayor Awada mentioned that s� :svci if :iie:iifixbli:.f6iattend the Dakota County Board of Commissioners invitation to a Sesquicentennial event on Maxa,.3 honoring families who are descendents of the County settlers. Councilmembers indicated they had received invitations to this event also. She asked if there was support from the Council to schedule discussion regarding the progress and potential ability for the redevelopment of the residential area on Blue Gentian Road for a future work session agenda. Councilmembers were in support. She noted that she would be giving the State of the City Address on Thursday. EAGAN CITY COUNCIL MEETING MINUTES;FEBRUARY 16,1999 ' PAGE 12 Councilmember Blomquist said tfiat since she has receNIKl many calls from constituents regarding the City's policy pertaining to .repair,she wo:U34:3�ke to propose the Finance Committee meet with City Administrator Hedges anAap.cq Director:. iOverbeke to discuss ideas that have been proposed for funding these repairs. Mayor Is!Va; j-Sj*tec oaf the committee could meet for purposes of information gathering and not for purposes of diretiiig'staff to determine ways of reducing spending in the budget to fund road repairs. ADJOURNMENT The meeting adjourned at 8:50p iit�4u aniiii2ggpn to consider existing and pending litigation involving the Cliff Road Water Treatment 4 4ant. Present were Mayor Awada and Councilmembers Masin,Blomquist,Carlson and Bakken,City Administrator Tom Hedges,Director of Public Works Tom Colbert,and City Attorney Jir�: ldon. MLK Date City Clerk If you need these minutes in an alternative form'S13d :a Iflrg .pri??t,Braille,audio tape,etc.,please contact the Cite of Eagan,3830 Pilot Knob Road,Eagan,MN 55122,(6]2)6$1bOL;;jD phone: (612)454-8535). The City of Eagan is committed to the policy that aiperos;ki2egiaal access to its programs,services,activities, facilities and employment without regard to racq; tilos: f eetk;'ieligion,national origin,sex,disability,age,sexual orientation,marital status or status with regat'.d#:j t6lic assistance. MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 26, 1999 SUBJECT: AGENDA INFORMATION FOR MARCH 2, 1999 CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval is given to the March 2, 1999 City Council agenda, the minutes of the February 16, 1999 regular City Council meeting and the minutes of the November 24, 1998, the January 12, 1999 and the January 19, 1999 Special City Council meetings, the following items are in order for consideration. • Agenda Information Memo February 26, 1999 City Council Meeting A. YOUTH Development Program grant, Peoples Natural Gas FOR COUNCIL ACTION: The Youth Development program recently received a grant from Peoples Natural Gas UtiliCorp Energy Delivery (UED) Charitable Contributions and Community Support Program to use towards the Wescott boys and girls programs. The Director of Parks and Recreation will be present to publicly thank Peoples for their contribution. FACTS: • Grant information was received from Dave Peron in November and the grant was applied for in December, 1998. • The grant awarded is in the amount of$1,000. • • The grant dollars will be used to create additional opportunities for Wescott youth to participate in activities that promote job skills, positive body imaging, conflict resolution and other areas that increase self worth in order to prepare them to become contributing members of the community. • A press release has been prepared by Peoples Natural Gas and is attached. CONCERNS: None ATTACHMENTS: • Press release • Memo from Loudi Rivamonte, Youth Development Coordinator —/J4�cE Y • Media Contact: Dave Perron - (651) 423-8920 Bob McKeon - (507) 529-5117 George Minter- (816)467-3772 PEOPLES NATURAL GAS AWARDS $1,000 GRANT TO THE CITY OF EAGAN ROSEMOUNT, MN, February, 1999—Peoples Natural Gas, which provides natural gas service to Eagan, today made a $1,000 grant to the City of Eagan to support their Youth Development Program. The community relations mission of Peoples is to be a trusted neighbor and community partner. Peoples seeks ways to partner with communities it serves to strengthen their economic and social viability through economic development services and grants as well as civic involvement and charitable contributions. "We are supporting the City of Eagan because of the excellent programs and services it . provides to the community, and because its activities meet the objectives of our contribution program," said Dave Perron, customer operations director for Peoples. The four focal areas of Peoples' charitable contribution and civic program are: • Youth Development: Programs providing youth with tools and skills needed to become positive, productive members of society. • Safe, Affordable or Energy-Efficient Housing: Programs serving those with an economic need and enabling people to help themselves. • Environment: Supporting programs that protect natural resources— soil, water and air. • Community Development/Betterment: Programs that enhance the economic viability of communities Peoples provides natural gas service to. Peoples Natural Gas and Northern Minnesota Utilities serve 168,000 natural gas customers in Minnesota and are divisions of Kansas City-based UtiliCorp United. UtiliCorp is an international electric and natural gas company with 2 million energy customers and operations across the U.S. and in Canada, Great Britain,New Zealand and Australia. • MEMO city of eagan TO: KEN VRAA,DIRECTOR OF PARKS AND RECREATION FROM: LOUDI RIVAMONTE,YOUTH DEVELOPMENT COORDINATOR DATE: FEBRUARY 24, 1999 SUBJECT: PEOPLES NATURAL GAS GRANT The Youth Development Program was awarded a grant of$1,000 by Peoples Natural Gas UntiCorp Energy Deliver(UED) Charitable Contributions and Community Support Program. In November of 1998,Dave Peron from Peoples Natural Gas sent Tom Hedges the grant information and application. I received a copy of the grant in December and applied for funds to use towards the Wescott girls and boys club programs. The grant will be used to create additional opportunities for the youth to participate in activities that promote job skills, positive body imaging, conflict resolution and other areas that increase self worth . and prepare youth to become contributing members of the community. • Agenda Information Memo March 2, 1999 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1)motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. PERSONNEL ITEMS Item 1. Police Officer-- ACTION TO BE CONSIDERED: To approve the hiring of John Collin, Jeff Jensen, Brian Rezny, Heather Roberts, Daniel Tocko and Paul Tupy as police officers, subject to successful completion of physical and psychological examination requirements. Item 2. Maintenance Worker/Trarnsfer-- ACTION TO BE CONSIDERED: To approve the transfer of Joel Fleck from the position of utilities maintenance worker to that of streets maintenance worker. Item 3. Part-time Seasonal Recreation Leader-- ACTION TO BE CONSIDERED: To approve the hiring of Claudia Freeman as a part-time seasonal recreation leader. Agenda Information Memo March 2, 1999 Eagan City Council Meeting B. WINE AND BEER LICENSE FOR MAGIC THAI CAFE ACTION TO BE CONSIDERED: To approve a wine and beer license for the Magic Thai Cafe located at 1258 Lone Oak Road. FACTS: • The Magic Thai Cafe Corporation has applied for a wine and beer license with the City of Eagan. Magic Thai is a corporation with Chansamouth Sivongsay as President and Mok Khounviseth as Vice President. • The applicant has submitted the required documents which have been reviewed and deemed in order by City staff. • The Police Department has conducted an investigation of Ms. Sivongsay and Ms. Khounviseth and do not find any reason to deny the application. ATTACHMENTS: • Application enclosed without page number. 6 Agenda Information Memo March 2, 1999 Eagan City Council Meeting C. TEMPORARY BEER LICENSE FOR THE EAGAN LIONS CLUB FOR MARCH 13, 1999—EAGAN GO BRAGH EVENT ACTION TO BE CONSIDERED: To approve the temporary beer license for the Eagan Lions Club for March 13, 1999— Eagan Go Bragh event. FACTS: • The Eagan Lions Club has applied for a temporary beer license with the City of Eagan for the Eagan Go Bragh event on March 31, 1999. • The required documents have been reviewed and deemed in order by City staff and the Police Department. ATTACHMENTS: • Application enclosed without page number. Agenda Information Memo March 2, 1999 Eagan City Council Meeting D. APPROVE PUBLIC SAFETY DISPATCH AGREEMENT, EAGAN AND ROSEMOUNT ACTION TO BE CONSIDERED: To approve the 1999 Public Safety Dispatch Agreement between the Cities of Eagan and Rosemount. FACTS: • For a number of years the City of Eagan has provided for the dispatching of emergency services for the City of Rosemount. The 1999 agreement to continue that arrangement has been prepared, ratified by the City of Rosemount and is ready for consideration by the City of Eagan. ATTACHMENTS: • Enclosed on pages through 13 is a copy of the agreement. PUBLIC SAFETY DISPATCH AGREEMENT THE CITY OF EAGAN AND THE CITY OF ROSEMOUNT THIS AGREEMENT is made and entered into this 1 st day of Janua 1999 by and between THE CITY OF EAGAN, Dakota County, Minnesota, (hereinafter "Eagan") and THE CITY OF ROSEMOUNT, Dakota County, Minnesota, (hereinafter"Rosemount"). WITNESSETH: 412 221 to establish, WHEREAS Eagan and Rosemount are authorized b Minn Stat. § g Y equip, and operate a police department to protect and safeguard life and property and to furnish police protection in each of the parties' respective municipality; and WHEREAS, Eagan and Rosemount are authorized by Minn Stat. §436.05 and §471.59 to enter into this Agreement for the furnishing of police and fire dispatch services by Eagan on behalf of Rosemount; and WHEREAS, Rosemount has requested and Eagan has accepted the provision of dispatch services, subject to the terms and conditions contained herein; and WHEREAS, police and fire dispatch services by the Eagan Police Department on behalf of Rosemount are required in order that emergency calls for police and fire services within Rosemount are effectively received and dispatched to the appropriate Rosemount public safety units; and WHEREAS, Rosemount acknowledges the benefit to the operation of the Rosemount Police and Fire Departments by the availability of such dispatch services and determines it is in the best interest of Rosemount and the public to provide compensation to Eagan for the services referred to above. NOW, THEREFORE, it is mutually agreed by Eagan and Rosemount hereto as follows: A. POLICE AND FIRE DISPATCH SERVICES 1. Eagan Public Safety Answering Point ("EPSAP") shall dispatch Sunday through Saturday, 24 hours per day, Rosemount police emergency calls to the appropriate Rosemount police public safety units via radio or shall relay emergency calls by telephone to designated telephones when radio communications cannot be obtained. Rosemount shall install appropriate 9-1-1 telephone lines and radio equipment into the EPSAP for the receiving and dispatching of emergency police calls as deemed necessary by Rosemount and shall be solely responsible for the costs incurred therefor. 2. Eagan shall dispatch, Sunday through Saturday, 24 hours per day, Rosemount fire emergency calls to the extent that EPSAP shall answer 1 emergency calls and place the calls to the Rosemount Fire Department but shall not undertake any fire vehicle dispatching for Rosemount Fire Department. Rosemount shall install appropriate 9-1-1 telephone lines and radio equipment into the EPSAP for the receiving and dispatching of emergency fire calls as deemed necessary by Rosemount and shall be solely responsible for any and all costs incurred therefor. 3. Rosemount shall provide for and answer all its police business office and non-emergency telephone calls Monday through Friday during the hours of 7:00 a.m. to 7:00 p.m., excluding those days which the City of Rosemount recognizes as holidays, and shall not cause such telephone calls to be transmitted to the EPSAP. EPSAP shall be responsible for such calls during those days and hours not designated above as Rosemount's responsibility. 4. EPSAP personnel shall log all incoming police and fire emergency calls and set forth the time, date, event, public safety unit dispatched and name of complainant, when available. An audio-tape of all emergency calls shall be made and be made available to Rosemount to monitor at a reasonable time at the EPSAP. Tapes shall be kept on file for twenty-eight (28) days and then erased, except that tapes shall be kept on file for a longer period upon a written request from Rosemount for a specific tape. 5. All dispatching services performed and furnished under this Agreement shall be in accordance with the EPSAP policies and procedures. 6. The acquisition of radio equipment by Rosemount and, any modification thereto, shall be made at the expense of Rosemount. 7. Any Eagan police or fire personnel acting under this Agreement shall not by reason thereof be classified as an employee of Rosemount. B. COMPENSATION AND EXPENSE REINMURSEMENT 1. Rosemount agrees to pay Eagan the following monies as and for the police and fire dispatch services as described in Paragraph a.1. herein: a. For Calendar Year 1999: 1. The total contractual amount for 1999 services equals $46,307. Rosemount will remit this amount to Eagan no later than 30 days after receipt of invoice. Future billings will be adjusted by the percentage of increased cost of operations for Eagan dispatch. This amount will be recalculated annually. 2. Rosemount shall reimburse Eagan for any compensatory payments made by Eagan to its dispatch personnel for court preparation or appearances as /V 2 witnesses for Rosemount police or fire dispatching matters. C. TERM AND REMOVAL 1. This Agreement shall become effective on January 1, 1999 and shall terminate on December 31, 1999. 2. In the event Rosemount terminates or otherwise cancels this agreement prior to its termination date, Rosemount shall, nevertheless, be bound by the terms of payment under this Agreement and shall not be entitled to reimbursement of any monies paid under this Agreement. D. LIABILITY 1. Rosemount agrees to indemnify, defend and hold Eagan harmless from any claims, demands, actions, or causes of action arising out of any act or omission on the part of Eagan or its agents, servants or employees in the performance of or with relation to any of the work or services performed or furnished by Eagan under this Agreement. Nothing herein shall be deemed a waiver by either the city of Eagan or the city of Rosemount of the limitations on liability set forth in Minnesota Statutes, Chapter 466. E. ALTERATION OR MODIFICATION OF AGREEMENT 1. Any alteration, variation, modification or waiver of any provision of this Agreement shall be valid only after it has been reduced to writing and duly signed by both parties. 2. This Agreement shall constitute the entire Agreement between the parties and shall supercede all prior oral or written negotiations or agreements relating to the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. APPROVED AS TO FORM: CITY OF EAGAN Eagan City Attorney By: Patricia E. Awada Dated: Its: Mayor By: E. J. VanOverbeke Its: City Clerk // 3 APPROVED AS TO FORM: CITY OF ROSEMOUNT Rosemount City Attorney By: Cathy Bushct"/ Dated: 2 —2— ' I l Its: Mayor By: Susan Walsh Its: City Clerk STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) On this day of , 1999, before me a Notary Public within and for said County, personally appeared PATRICIA E. AWADA and E. J. VanOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public �02 4 i STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) On this P!3I" day of %, 1999, before me a Notary Public within and for said County, personally appeared CATHY BUSHO and SUSAN WALSH to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Rosemount, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. ■ CINDY UORNIDEN AgM NOTARY PUBLIC—MINNESOTA DAKOTA COUNTY &A4 0-�� My Comm.Expires Jan.31,2000 ■ Notary Public 135 Agenda Information Memo March 2, 1999 Eagan City Council Meeting E. CHANGE ORDER#4, INVOICES 17284 & 17285, PROFESSIONAL SERVICES.FIRE ADMINISTRATION BUILDING ACTION TO BE CONSIDERED: To approve Change Order#4 for the Fire Administration building in the amount of$18,989 and to approve Invoices 17284 and 17285 to be paid to Boarman Kroos Pfister Vogel &Associates. ATTACHMENTS: Attached on pages _� through is a copy of a memo from Chief Building Official Reid regarding both Change Order#4 and Invoices 17284 and 17285. i i i MEMO city of eagan TO: TOM HEDGES,CITY ADMINISTRATOR FRO1NI: DOUG REID,CHIEF BUILDING OFFICIAL DATE: FEBRUARY 22,1999 SUBJECT: FIRE ADMINISTRATION BUILDING CHANGE ORDER NOA BOARMAN KROOS PFISTER VOGEL&ASSOCI.ATES INVOICES#17284& 17285 Attached is a copy of Change Order No.4 proposing the following: • Add 10 additional trees to landscaping on the west building elevation (buffering to single family development) Add drain tile, additional swaling, and drains,west side of site $ 3,923.00 (Owner requested) • Hydro seed west berm, add 4-plex power outlet in basement; add 4 soap dispensers to 2"d level toilets, and add security fence enclosure in basement $ 3,073.00 (Owner requested) • Provide smoke detectors in ambulance quarters sleeping rooms change 1"floor poke-thru floor fittings to voice data type change 15`floor entrance strike misc.revisions to elevator equipment room, such as adding GFI outlet $ 1,776.00 (Elec. Engr.requested) • Clarifies drain locations in Mechanical Room No Charge • Paint basement walls, including dry lock(waterproof)paint on west $ 1,872.00 LL elev (Owner requested) • Remove and haul away tree stumps at SW corner of site (majority of trees were cut and hauled by City staff) $ 1,188.00 (Owner requested) • Patch holes for fiber optics new sleeve $ 58.00 (Owner requested) • Change elevator equipment room door to 90 min.rating $ 189.00 (Elev. Insp. requested) • Change entry mat system to pedi-mat type mat $ 1,524.00 (Owner requested) • Cost to truck additional black dirt onto site,to balance the site S 980.00 • Revise toilet partitions, due to dimension change on plans $ 307.00 (Arch. requested) • Misc. materials&labor for contractor's millwork house in starting construction of the lobby trophy case which the owner stopped and concealed. $ 243.00 • Add two smoke dampers to elevator room $ 1,996.00 (Elev. Insp.requested) • Supply pull down handles for main lobby/reception area coiling door $ 90.00 (Owner requested) • Re-survey the location of the west property line,power pole, and trees S 590.00 (Owner requested) • Split the cost of winter construction temp heating fuel&heater rental $ 1,180.00 TOTAL- CHANGE ORDER NO.4 $ 18,989.00 Following is a breakdown of professional services for the period November 26, 1998 to January 25, 1999 to be paid to Boarman Kroos Pfister Vogel & Associates. These services were a result of the material and labor shortages that extended this project's completion date. PROFESSIONAL SERVICES Rate Hours Charge • Principal/Const Admin (David Kroos) S 123.00 5.00 $ 615.00 • Project Mgmt/Const Admin (Paul Mickelberg) 94.00 1.00 94.00 • Mech. Engr/Const Admin (Ryan Osgood) 65.00 7.50 487.50 • Elec. Engr/Const Admin (Duane Shambour) 83.00 7.00 581.00 (Sean McNamara) 50.00 1.00 50.00 • Structural Engr/Const Admin (Duane Thorpe) 88.00 1.00 88.00 • Const Admin/Const Admin (Jon Rall) 87.00 20.00 1740.00 • Const Admin/Post Const (Jon Rall) 87.00 7.00 609.00 • Const Admin/Addl Services (Jon Rall) 87.00 10.00 870.00 • Interior Design/Const Admin (Suzanna Groves) $ 50.00 24.50 $ 1.225.00 Total Professional Services $ 6,359.50 REIMBURSABLE EXPENSES • Copy Paper $ 371.25 • Mileage/Travel $ 62.00 • Postage $ 13.20 • Photo Finish $ 23.40 • Express Mail Services $ 7.50 • Long Dist Telephone Chrgs $ 0.90 • Fax S 4.00 • Prior Reimbursable Expenses $ 14.52 Total Reimbursable Expenses $ 496.77 TOTAL PROFESSIONAL SERVICES/REIMBURSABLE EXPENSES $ 6856.27 /� As you know,the building is now occupied and we expect to have the black-topping, landscaping.parking lot striping, etc. complete by the end of June 1999. After disbursement of funds for the above, the contingency portion of the budget remains at roughly S80,000. If yo eed further information,please feel contact either Craig or me. Cc Chief Bu' ing Official Fire Cef DWCJ/js Agenda Information Memo March 2, 1999 Eagan City Council F. EXTENSION FOR RECORDING FINAL PLAT (BROOKSTONE-AMCON 1ST ADDITION)-BROOKSTONE/AMCON. L.L.C. ACTION TO BE CONSIDERED: To approve an extension to May 1, 1999, for recording the final plat for Brookstone-Amcon Addition, consisting of one lot on 7.35 acres located west of Hwy. 149 north of Rolling Hills Drive in the SW 1/4 of Section 12. FACTS: • The City Council approved the final plat on December 15, 1998. • The plat was anticipated to be recorded upon closing. The applicant has indicated that the plat was prepared on the basis of a closing with a new partnership having taken place. The closing has been delayed and the applicant is requesting an extension to May 1, 1999 to record the final plat so that the closing and recording may occur simultaneously. ATTACHMENTS: Letter from Brookstone, Inc. dated January 29, 1999, page BROOKSTONE,]�C. 7400 Metro Blvd.,Suite 212 Edina,Minnesota 55439 612.837.9167 phone January 29, 1999 612.8 3 7.80 10 fax Ms. Pamela Dudziak Associate Planner City of Eagan 3830 Pilot Knob Road Eagan, Minnesota. 55122-1897 Dear Pam: Further to our recent telephone conversation, I am writing this letter to request an extension of the deadline for recordingthe plat for the roe that we are developing on Dodd Road in Eagan. As P property tty h vane of afters and mentioned to you in m voice mail we are currently working through a m I me y y y g g variety closing at this time but are hopeful of being are not in a position to proceed to a g issues andsimply p p g P in that position over the next sixty to ninety days. The current plat has been submitted and prepared on the basis of a closing with a new partnership having taken place. We are simply,again, not in a position to close at this time and the simplest way would be to have the February 15 deadline extended which would then allow us to close and record the final plat simultaneously,within the revised deadline. I would request that the deadline be extended to May 1, 1999. In this regard, I am also attaching our$75.00 application fee. I will be out of the office next week. If there is anything you require at that time, please call Joe Antonucci at 612-837-9170. Thank you for your cooperation on this matter. Yo s ery truly, Richard V. Martens Principal RVM/bb Cc:Jack Hoeschler,P.A. Gary Harris —Oliver& Associates Jim Winkels —Amcon Joe Antonucci—Landmark Partners Enc. / 9 REAL ESTATE ADVISORY SERVICES,INVESTMENT AND DEVELOPMENT Agenda Information Memo March 2, 1999 Eagan City Council Meeting G. FINAL SUBDIVISION—GRAND OAK TWO ACTION TO BE CONSIDERED: > To approve or deny a Final Subdivision consisting of 5 lots and 5 outlots on 57 acres located south of Blue Gentian Road, east of TH 55 in the north ''/z of Section 2. FACTS: > The City Council reviewed and approved the preliminary subdivision for Grand Oak Two at their regular meeting on October 20, 1998. > Final plans, development contracts, and financial guarantees are expected to be in order for execution at the regular meeting on March 2, 1999. BACKGROUND/ATTACHMENTS: > Final plat drawing, pages 2' through ao i ° s n le Y Z =i V• (N g sy4yd �ri/�eues - 'Yi'��J �•'� _ � / / .e.5i TI'�SVq'A3-lWK YE61 fa Zf..60��C i* Au!10fi9i,le�Ya[[-�1,f6 X0.0„05 M LM=W=�I Z Z N Z o C' v c CIE U ZIN - s L,w_ IIS �I 8� I � •'�y 3v �.t� � � \ ��n ------Imo.---------- U lid w co Z I •n,.TI:L:- !61 LI JI tl 11+W my YO f6a�Im,a'•YC'y0-IYiE.cn nq.I'i i i i Agenda Information Memo March 2, 1999 Eagan City Council Meeting H. COMPREHENSIVE GUIDE PLAN AMENDMENT—KAMI INC. ACTION TO BE CONSIDERED: To implement a Comprehensive Guide Plan Amendment changing the existing Land Use Guide Plan designation of a 4.4 acre parcel of land located north of Yankee Doodle Road and east of Coachman Road from Neighborhood Business (NB) to Limited Business (LB). FACTS: ➢ At their regular meeting on February 2, 1999, the City Council approved the forwarding of a Comprehensive Guide Plan Amendment to the Metropolitan Council changing the land use designation of the subject property from Neighborhood Business (NB) to Limited Business (LB). ➢ The Metropolitan Council completed its review and approved the Guide Plan Amendment as documented in the attached letter dated 2/17/99. ➢ The requested Land Use Guide Plan change is necessary to justify a future rezoning of the property to a Limited Business (LB) designation and potentially accommodate a senior housing use upon the site. ➢ At its regular meeting on January 26, !999, the Advisory Planning Commission recommended approval of the Comprehensive Guide Plan Amendment. ATTACHMENTS (2) Location map on pageoZ . Metropolitan Council letter of approval dated February 17, 1999 on page 25-- 0) 3 1 E, mu to FM y SY' law mu o ■� �u ;. �■ice�i� F. �. ILI rAMW2 IN Lil e�eoayo INQO©vO • 1 1 *C ity of i Metropolitan Council Working for the Reg;--r, Planning for the Future REC IVSD r EB 18 1999 ! February 17, 1999 BY: Mr. Bob Kirmis, Planner City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Re: Comprehensive Plan Amendment- City of Eagan/Kami, Inc. Metropolitan District No. 15, Council Member Keven Howe Referral No. 16964-3 Dear Mr. Kirmis: Metropolitan Council staff have reviewed your comprehensive plan amendment received on February 3, 1999. The proposed amendment re-guides 4.4 acres from Neighborhood Business to Limited Business. Staff finds it is in conformance with metropolitan system plans, consistent with the Metropolitan Development Guide, and compatible with plans of other units of government. Therefore the Council will waive further review and you may place the amendment into effect. The amendment, explanatory materials supplied and the information and submission form will be appended to the city's plan in the Council files. A copy of your plan amendment was sent to the Minnesota Department of Transportation (MnDOT). You may receive separate advisory comments related to this plan amendment directly from MnDOT. This concludes the Council's review. If you have any questions, please contact Linda O'Connor, principal reviewer(651-602-1098). Sincerely, Richard E. Thompson, Supervisor Comprehensive Planning Cc: Lynda Milashius, Linda O'Connor, Metropolitan Council Staff c�25**"- AREA CODE CHANGES TO 651 IN JULY, 1998 230 East Fifth Street St. Paul,Minnesota 55101-1626 (612)602-1000 Fax 6U2-1550 TDD/TTY 291-0504 Metro Info Line 602-1888 Agenda Information Memo March 2, 1999 I PROJECT 770, DENMARK AVENUE—EXTENSION NORTHWOOD PARKWAY TO CLUBVIEW DRIVE ACTION TO BE CONSIDERED: Authorize the preparation of a feasibility report for Project 770 (Denmark Avenue Extension—Street and Utility Improvements). FACTS • The construction of trunk water main and storm sewer was programmed for 1998 in the City's 5 Year CIP (1998-2002). The extension of Denmark Avenue is programmed for 1999 in the currently proposed CIP (1999-2003). • The proposed segment of Denmark Avenue would be located between Northwood Parkway and Clubview Drive. • Dakota County is programming the upgrade of Lexington Avenue, from Yankee Doodle Road (Co. Rd. 28) to Lone Oak Road (Co. Rd. 26) for 2000. The completion of this portion of Denmark Avenue prior to work beginning on Lexington Avenue would allow the use of Denmark Avenue as a detour route for said construction. • Based on the City's and County's CIP schedules, it would be appropriate for the City Council to authorize the preparation of a Feasibility Report by the City's consulting engineering firm of Short-Elliot-Henrickson, Inc. (SEH) to define the scope, cost, schedule and method of financing the construction of the street and utilities. �6 i Agenda Information Memo March 2, 1999 J. PROJECT 771, LEXINGTON AVENUE—UPGRADE YANKEE DOODLE ROAD TO LONE OAK ROAD ACTION TO BE CONSIDERED: Authorize the preparation of a feasibility report for Project 771 (Lexington Avenue Upgrade— Street and Utility Improvements). FACTS • The upgrade of Lexington Avenue to a 4-lane divided street with trails has been programmed for 2000 in the City's final draft of its 5 Year CIP (1999-2003). In order to meet this schedule, Dakota County may look to the City to be the lead agency for this improvement similar to the Yankee Doodle Rd. improvement in 1996. • The segment of Lexington Avenue is located between Yankee Doodle Road (Co. Rd. 28) and Lone Oak Road (Co. Rd. 26). • Based on the CIP schedule, it would be appropriate for the City Council to authorize the preparation of a Feasibility Report to define the scope, cost, schedule and method of financing the upgrade of this street and the associated utilities. a Agenda Information Memo March 2, 1999 K. PROJECT 749, E TH 55 SOUTH FRONTAGE ROAD STREET IMPROVEMENTS ACTION TO BE CONSIDERED: To receive the draft feasibility report for Project 749 (East T.H. 55 South Frontage Road — Street Improvements) and schedule a public hearing to be held on April 6, 1999. FACTS: • On September 14, 1998, the City Council directed staff to prepare a feasibility report considering street improvements for the East Hwy. 55 South Frontage Road. • The frontage road is located on the south side of Trunk Highway 55 east of the interchange with Trunk Highway 149. • The upgrade of the frontage road is programmed for 1999 in the City of Eagan's 5-Year CIP (1998-2002). • A draft feasibility report has been completed consisting of a 28' to 32' wide street with curb and gutter and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. • An informational neighborhood meeting will be held with the residents in conjunction with a meeting with the Selmark, Harvey, Burrview Acres neighborhood (Project 764) prior to the Public Hearing to review and discuss the proposed improvements. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. Agenda Information Memo March 2, 1999 L. PROJECT 758, SURREY HEIGHTS DRIVE STREET OVERLAY ACTION TO BE CONSIDERED: To receive the draft feasibility report for Project 758 (Surrey Heights Drive — Street Overlay) and schedule a public hearing to be held on April 6, 1999. FACTS: • On October 6, 1998, the City Council directed staff to prepare a feasibility report considering street rehabilitation improvements for Surrey Heights Drive. • Surrey Heights Drive is southwest of the intersection of Yankee Doodle Road and Federal Drive. It intersects both streets. • The bituminous overlay of the street, Surrey Heights Drive, is programmed for 1999 in the City of Eagan's 5-Year CIP (1998-2002). • A draft feasibility report has been completed consisting of a life extending structural overlay and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. • An informational neighborhood meeting will be held with the property owners prior to the Public Hearing to review and discuss the proposed improvements. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. Agenda Information Memo March 2, 1999 M. CONTRACT 99-01, JOHNNY CAKE RIDGE ROAD. THOMAS LAKE ROAD, WOODGATE 3R/TIBERON/MALLARD PARK 3RD ADDITIONS STREET OVERLAY ACTION TO BE CONSIDERED: To approve the plans for Contract 99-01 (Johnny Cake Ridge Road, Thomas Lake Road, Woodgate 3ra/ Tiberon/ Mallard Park 3 - Street Overlay) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, April 1, 1999. FACTS: • Contract 99-01 provides for the structural overlay of the street surfaces on Johnny Cake Ridge Road (Cliff Road to Teal Cove — Project 752), Thomas Lake Road (Cliff Road to Diffley Road — Project 753), and within the Woodgate 3ra, Tiberon, and Mallard Park 3ra Additions (Project 756) as outlined and discussed in the respective project's feasibility reports. • On December 15, 1998, the City Council held a Public Hearing for Projects 752. On February 2, 1999, the City Council held Public Hearings for Projects 753 and 756. After hearing presentations and comments from some of the affected property owners within the area adjacent to the proposed overlays, the council approved the projects and authorized the preparation of detailed plans and specifications. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. O Agenda Information Memo March 2, 1999 N. CONTRACT 99-05,JOHNNY CAKE RIDGE ROAD EXTENSION STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: To approve the plans for Contract 99-05 (Johnny Cake Ridge Road Extension - Street and Utility Improvements) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, April 1, 1999. FACTS: • Contract 99-05 provides for the new construction of the street and utilities for the Johnny Cake Ridge Road extension from Diffley Rd. to Deerwood Dr. as outlined and discussed in the feasibility report for Project 748. • On December 15, 1998, the City Council held a Public Hearing for Project 748. After the Public Hearing, the council approved the project and authorized the preparation of detailed plans and specifications. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. 31 Agenda Information Memo Eagan City Council Meeting March 2, 1999 O. Change Order#4 and#5, Cascade Bay ACTION TO BE CONSIDERED: To approve Change Order#4 in the amount of($39,600.00)and Change Order#5 in the amount of ($3,131.00). FACTS—CHANGE ORDER#4: This change order consists of three separate change directives to Kellington Construction. The directives were due to good soil conditions; granular/sand material that was salvaged during the grading process and placed in the area where the building and deck were to be constructed. The construction manager, soils consultant and pool designer, have reviewed all three directives. • Delete imported sand cushion at building, utilizing on-site material. ($1,000.00) • Delete thickened edge detail at pool edge detail and landscape areas ($11,600.00) • 4"pool deck in lieu of 5" ($13,000.00) • At pool deck, use on-site material in lieu of Class 5 ($14,000.00) Total Change Order#4: ($39,600.00) CONCERNS: None. There is no substantial change to the quality of the project by using the granular material on-site versus importing it. This change was recognized some time ago, but a change order had not been done pending the confirmation of the actual dollars saved. FACTS—CHANGE ORDER#5: • Provide two, four-inch empty conduits to exterior of building to provide for communications,fiber optics, and network connections to City Hall.Network connections to city hall was not part of the construction contract. It was determined that IT would coordinate this work. The conduits provide for access to the buildings to run the various cables. $ 429.00 • An omission to run an electrical line to the sump pump in the deck manhole was made. This cost is to run the additional electrical line from the mechanical building to the pump and make connections. 2,265.00 • A change for correcting a 20-amp service panel to 40 amp in the mechanical building was made to handle the larger electrical load of service equipment. 135.00 • In reviewing the pool mechanical plans, Minnesota Department of Health, Pool Division,requires the addition of two values (one on each system)to control flow rates from the pool. 1,360.00 3ol i i • In reviewing the plans for the pool piping, it was determined that a flow meter for a 14" line could be relocated to a new location to reduce the amount of pipe and fittings needed and provide a cost savings. Minnesota Department of Health and the consultants on the project approved this change. (2,487.00) • In the bathhouse and restrooms,the supplier offered a change to all aluminum hardware and floor mount partitions. After review, it was determined that the strength of this system was as good as the ceiling system and would be less expensive to install. The aluminum would also be less likely to corrode vs. the stainless steel originally proposed. (3,287.00) • With the construction of the lazy river a"grout pocket"was deleted from the construction detail. The grout pocket required the contractor to place an area for the pool mortar to be placed in the pour of the floor and walls. Given that this design provided for the mortar to be placed soon after the curing of the concrete, which was not possible,this item was eliminated (5,250.00) • For the construction of the concessions, a pass through opening was added between the serving area and the preparation area. 1,293.00 • Decorative paver bricks were to be placed in the lazy river between the post railings. The brick pavers have the potential of allowing water to penetrate behind the walls of the lazy river and were removed from the deck. (5,000.00) • The Minnesota Department of Health, in reviewing the size of pipe in the bathhouse drains,required an increase in the size of pipe to 4" 1,158.00 • The size of the gas pipe serving the pool heaters in the mechanical Building was revised. In the design of the mechanical room,the engineers inadvertently misread the BTU size of the pool heaters. Consequently,the size of the gas pipe needed to meet requirements of the heaters was undersized. In addition,the air intake and the exhaust flue was also undersized and will need to be increased in size. That pricing is being done at this time. 5,062.00 • A mop sink in the janitorial room in the admissions building was eliminated because of the conflict with the electrical panel. Code requires a three-foot clearance and relocation of the sink was required. 604.00 • The air diffusers in the admissions building were specified as 24". However, the wood trusses required for the roof load required spacing of 22". The air diffusers had to restocked and replaced with smaller diffusers which are not a standard size. 587.00 Total Change Order 45: ($3,131.00) CONCERNS: None ATTACHMENTS: None 33 Agenda Information Memo March 2, 1999 City Council Meeting P. AGREEMENT with Dakota Hills Middle School,ballfield maintenance FOR COUNCIL ACTION: To authorize the continuation of a maintenance agreement pertaining to the athletic fields at Dakota Hills Middle School FACTS: • In 1997 the City and School District agreed that school and community based athletic programs would benefit from an increased level of field maintenance on the Dakota Hills Middle School athletic fields. This includes four baseball fields and one soccer/football field. • The School District does not have the manpower or equipment to provide the level of maintenance desired. • The City and School District entered into a two-year trial agreement whereby the City would provide the equipment and manpower necessary to maintain the turf and field surfaces. The current agreement expires April of 1999. • Per the agreement,the City invoices the School District for the services provided at the labor and equipment hourly rates specified in the applicable City Fee Schedule. The School District provides and/or pays the actual cost of any materials. • The Park Maintenance Division has successfully incorporated the site into its routine maintenance program. Overtime was occasionally necessary, however,the labor and equipment costs were recovered. • Amounts invoiced to the School District: 1997 - $12,222.00 1998 - $13,745.00 • Given the visible success of the program,the School District and City have agreed that a two-year extension of the program would be beneficial to the community. The site will continue to be scheduled for community athletic use. • The agreement can be discontinued at any time by either party. • The Advisory Parks Commission approved this agreement at their February meeting. CONCERNS: None ATTACHMENTS: None 3 � Agenda Information Memo March 2, 1999 Q. PROJECT 764, SELMARK, HARVEY, BURRVIEW ACRES STREET OVERLAY ACTION TO BE CONSIDERED: To reschedule the public hearing for Project 764 (Selmark, Harvey, Burrview Acres - Street Overlay) to be held on April 6, 1999. FACTS: • On February 16, 1999, the City Council received a draft feasibility report considering street rehabilitation improvements within the Selmark, Harvey, Burrview Acres neighborhood and scheduled a public hearing to be held on March 16, 1999. • The neighborhood includes Chapel Lane, Random Road, Rita Court, Sally Circle, Roll Lane, and Wren Lane, all southeast of the south intersection of TH 149 (Dodd Road) and TH 55. • At the March 2 meeting, the City Council will receive a draft feasibility report for Project 749, East T.H. 55 South Frontage Road, and consider the scheduling of a public hearing. • Since the two projects would be constructed within the same neighborhood under one contract, it would be appropriate to schedule the public hearings for the same council meeting. • An informational neighborhood meeting will be held with the residents in conjunction with a meeting on T.H. 55 South Frontage Road (Project 749) prior to the Public Hearing to review and discuss the proposed improvements. Agenda Information Memo March 2, 1999 Eagan City Council Meeting VI. PUBLIC HEARINGS A. VARIANCE (FRONT YARD SETBACK)—QUINN HUTSON (VISION TECHNOLOGIES) ACTION TO BE CONSIDERED: ➢ To approve or deny a 30 foot Variance from the required 30 foot setback from a public street for an existing structure located at 3900 Sibley Memorial Highway in the northeast '/4 of Section 19. FACTS: The applicant is proposing to covert the existing drive-through teller area of the former"Valley National Bank"into leasable office space. The processing of a variance is necessary as the drive-though canopy currently exists as a legal non- conformity by not meeting applicable front yard setback requirements. ➢ Including the proposed 1,966 square foot office addition, a total of 16,386 ross square feet of office space would exist on site. ➢ The applicant contends that the requested variance should be approved for the following reasons: 1. The proposal will visually improve the aesthetics of the building. 2. The elimination of the Rahn Road access will improve vehicular safety ind circulation in the area. 3. The conversion of the former teller drive-through lanes to green space v Fill visually improve the area. 4. The removal of a portion of the buildings roof overhang will reduce the degree of setback non-conformity along Rahn Road. 5. The investment in the property will likely increase its value. ATTACHMENTS Staff report, page through 41COO 3� PLANNING REPORT CITY OF EAGAN REPORT DATE: February 24, 1999 CASE: 19-VA-05-04-98 APPLICANT: CNH Architects HEARING DATE: March 2, 1999 PROPERTY OWNER: Vision Tecnologies PREPARED BY: Bob Kirmis REQUEST: Variance (front yard setback) LOCATION: 3900 Sibley Memorial Highway (NE 1/4 of Section 19) COMPREHENSIVE PLAN: CSC, Commercial Shopping Center ZONING: CSC, Commercial Shopping Center SUMMARY OF REQUEST Mr. Quinn Hutson, on behalf of Vision Technologies is requesting approval of a 30 foot a Variance from the 30 foot front yard setback requirement for the former "Valley National Bank" located south of Rahn Road and east of Cedarvale Boulevard in the northeast '/4 of Section 19. Specifically, the applicant is proposing to convert the existing drive-through teller area into leasable office space. The processing of a variance is necessary as the drive-though teller canopy area currently exists as a legal non-conformity by not meeting applicable front yard setback requirements. The subject property is zoned CSC, Commercial Shopping Center. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards therein if: The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. That granting of such variance will not merely serve as a convenience to the applicant, 3� Planning Report—Vision Technologies March 2, 1999 Page 2 but is necessary to alleviate demonstrable hardship or difficulty. CODE REQUIREMENTS The CSC zoning district imposes a minimum setback of 30 feet from any public street. EXISTING CONDITIONS The subject property is unplatted and measures approximately 3.5 acres in size. The 14,420 square foot structure which exists on the site was constructed in 1963 as the Valley National Bank. In 1972, the bank added a 1,966 canopy to cover it's drive- through teller lanes. As shown on the submitted site plan, the canopy is located at the site's northern property line and fails to meet the required 30 foot building setback. The property has subsequently been owned by several banks and most recently leased by Premier Coin. Vision Technologies purchased and has occupied the site since early 1997. Currently, the drive-through teller area is utilized as a carport. The City is in the early stages of the Cedarvale Area Redevelopment Study and this proposal should be viewed in relation to the redevelopment of the area. The site is bounded on all sides by commercial uses. EVALUATION OF REQUEST Structure Modifications - The applicant is proposing to convert the existing drive-through teller area into leasable office space. Because the teller area (and associated drive- through canopy) fail to meet the 30 foot setback requirement, the processing of a variance is necessary. The proposed office addition is to involve the erection of non loadbearing walls between structural concrete columns that presently exist. In addition, the applicant is proposing to remove a portion of the structure's roof overhang that presently lies within the Rahn Road right-of-way. The office addition is to be finished to match the existing building. Off-Street Parking - Including the proposed 1,966 square foot office addition, a total of 16,386 gross square feet of office space would exist on site. Thus, a total of 87 off-street parking stalls would be required of the use. With a total of 96 spaces being provided, off- street parking requirements have been satisfied. Access - The subject site is presently accessed via Rahn Road and Cedarvale Drive. It is the applicants intent to eliminate the existing Rahn Road access which had originally been utilized as an exit for drive-through patrons. In conjunction with the removal of the access, the applicant intends to remove the asphalt in that area and replace them with sod. 3F