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04/07/1998 - City Council Regular
AGENDA EAGAN CITY COUNCIL-REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING APRIL 7,1998 6:30 P.M. I. 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) A. DAKOTA ELECTRIC,Generator V. CONSENT AGENDA(PINK) (� A. PERSONNEL ITEMS oZ B. RESIGNATION,Jim Gallagher,Airport Relations Commission,and direction for appointment of replacement C. APPROVAL of foundation and footings contract for Fish Lake Alum Dosing Station F 3.4 D. EXEMPTION from Lawful Gambling License,Valley Viewers 4-H Club to conduct bingo at the Fourth of July celebration 3 y E. APPROVE General Fund fund balance transfer and reservation changes 3 6 F. APPROVE reservation of reserve in Community Investment Fund for the Civic Arena Bonds p G. APPROVE resolution authorizing sale of Civic Arena Gross Revenue Bonds /n S H. REJECT bids,Rahn Park tennis court ((a" I. APPROVE a resolution of support for the improvement and expansion of the I-35E bridge over the Mississippi River J. ACCEPT grant awarded by the Minnesota Auto Theft Prevention Program 1'N 6 K. REQUEST for public hearing,certification of delinquent utilities-May 5,1998 L. FINAL PLAT,Wohlers Addition vL? M. STREET NAME CHANGE-part of Northwood Drive to Northwood Parkway N. FINAL SUBDIVISION-Eagandale Corporate Center No.4 000171O. CORRECTION to February 24,1998 Special City Council minutes P. CONTRACT 98-08,approve plans/authorize ad for bids(Donnywood and Evergreen Additions op 73 n -Street Improvements) /3 Q. CONTRACT 98-03,receive bids/award contract(Oak Chase Add.-Street Reconstruction) 7� R. RATIFY appointment of commissioner to the Black Dog Watershed Commission S. PROJECT 717R,receive petition/order public hearing(Country Home Heights-Street Imp.) T. PROJECT 724,approve land purchase agreement with Inver Grove Heights&N.S.P. (So.Lakes Water Tower) S U. APPROVE lease agreements with US West Wireless(PCS Antennae Installations-Safari and Deerwood Reservoirs) V. APPROVE license agreement with Worldcom Network Services Inc.(Parkland Access-Fiber G Optic Cable Installation) a W. RECEIVE petition/order public hearing- vacate public right-of-way&drainage&utility easement(Meadowview Road) �9 X. PROJECT 736,receive feasibility report/schedule public hearing(Grand Oak Business Park- �� AUAR Environmental Review and Internal Traffic Study) Y. PROCLAMATION,observing April 22,1998 as Business Women's Network Day in Eagan and the week of April 19-25 as Recognize the Possibilities-Women in Business Week X95' Z. CONSTRUCTION/DEMOLITION debris hauler license for JME of Monticello,Inc. 4�6 AA. AWARD bid,ice resurfacer / 9 BB. MULTIPLE DWELLING/COMMERCIAL trash hauler license for New Earth Services,Inc. d' 9 CC. FISH LAKE Clean Water Partnership Project-grant contract extension / /o3 DD. FINAL SUBDMSION,Pinetree Pass 151-Lundgren Bros. ��� EE. RE-APPROVE bid package no.3,Civic Arena VI. 7:00-PUBLIC HEARINGS(SALMON) h �Q A. AMENDMENTS to the financing of Thomas Lake Apartments project(continued from March 17, J Q 1998) /n /0 ( B. PROJECT 663,Valley View Plateau(Street&Utility Improvements) C. VACATE drainage and utility easement-Pinetree Pass D P153 . VARIANCE-John Vogstrom,a 7.5 foot variance to the required 30 foot setback for a dwelling unit along a public road right-of-way for Lot 54,Block 1,Mallard Park 4th Addition VII. OLD BUSINESS(ORCHID) U /6.2 A. CONDITIONAL USE PERMIT-AT&T Wireless Services,to allow a wireless communication monopole on the Parkview Golf Course located at 1310 Cliff Road in the NW 1/4 of Section 34 VIII. NEW BUSINESS(TAN) fj g q A. CONDITIONAL USE PERMITS-ABF Freight,Inc.,to allow a truck/freight terminal with outside storage and to allow service of trucks on Lots 3,4,5,and 6,Plainview Addition,located at 2750 Lexington Avenue in the NW 1/4 of Section 2 n aOsB. CONDITIONAL USE PERMIT-Global Specialty Contractors,to allow outdoor storage on part of /+ Lot 1 and Lot 2,Block 2,Sibley Terminal Industrial Park,located at 3220 Terminal Drive in the SE 1/4 of Section 8 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 4/2/98- 10:30 a.m. MEMO - city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 3, 1998 SUBJECT: AGENDA INFORMATION FOR APRIL 7, 1998 CITY COUNCIL MEETING A1�(3PT GEI'...... After approval is given to the April 7, 1998 City Council agenda, the minutes of the March 17, 1998 regular City Council meeting, and the minutes of the March 17, 1998 special City Council meeting, the following items are in order for consideration. DE )AIRI'11?i�NT:HEAR BUSTNESS; ACTION TO BE CONSIDERED: To provide staff with direction regarding whether or not to proceed ahead with plans, specifications and formal bidding to secure an electrical generator for the municipal center campus. ATTACHMENTS: • Staff memo enclosed on pages 0? through . MEMO _ city of eagan TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA,DIRECTOR OF PARKS AND RECREATION DATE: MARCH 30, 1998 SUBJECT: DAKOTA ENERGY ALTERNATIVES: STAND-BY GENERATOR ISSUE: Should the City move ahead with plans, specifications and the formal bidding to secure an electrical generator for the municipal center campus? BACKGROUND: In March of 1997, the City Council gave direction to proceed with a feasibility study to determine the cost and payback for the installation of a standby generator that would service the Municipal Center Campus (Police, City Hall, Civic Arena and sanitary sewer lift station). The memo given to the Council in March (attached) outlined some of the major issues related to this topic. In summary, the project is intended to save the City operational funds over the long run and provide back up emergency electrical energy to the various entities on campus. By enrolling the municipal center facilities in Dakota Electric's Rate 70 program, which is interruptible power, the savings would be sufficient enough to pay for the cost of the generator and in time, provide a savings to the City. Two other issues were raised in that March memo. The State Department of Corrections requires the existing Police standby generator. The primary purpose of this generator is to provide emergency back-up power to the "Life Safety" needs of the jail cells and support systems. This existing generator is not large enough to support the entire police operation. Some upper floor offices, the Emergency Operations Center and the mechanical equipment that supplies cooling and ventilation to the dispatch center are not connected. (During the severe storm in May of 1995 the condition of the EOC became uncomfortable because there was no air movement.) The existing generator must remain in its current configuration. The placement of a new, larger generator will have no impact on this "Life Safety" generator because it is located after the transformer, while the proposed generator would be on the primary side of the electrical service. A new generator would supply the electrical needs of the entire police department in an emergency situation caused by a power outage. The Wescott lift station has a connection for an emergency generator. Utilities budgeted funds to acquire a portable generator for this and other locations in case of emergency, however, if more then one lift station were to fail at any given time,the.proposed municipal campus generator would service the Wescott lift station. The Utilities Division has discussed the desire, and eventual need of having this lift station on back-up power. The cost to do that has a not been determined. Backup power at this location can be met with the existing portable generator or through an additional portable generator which could serve a number of other locations. Other considerations regarding this issue include the benefits of having back-up power to City Hall, the Civic Arena and the swimming pool. DEREGULATION: At the March Council meeting the question was raised as to the possibility of deregulation and the impact on power costs. Two attachments address this possibility. One is that it would appear that any cheaper rates that might be available in the future are more likely to be "interruptible power" and second, Minnesota already has cheaper rates than the majority of the nation. Consequently, it's more likely the power suppliers will look first to selling excess power to parts of the country with higher rate structures then in areas where rates are lower. Some have expressed the concern that Minnesota rates may actually go up with deregulation, and not down. CO-GENERATION: Assuming the Council approves the completion of the family aquatic facility, the power needs would be added along with the needs for the second ice sheet. While this adds additional cost to the project because of increased size of the generator, there is a cost advantage. The second ice sheet is not expected to operate in the summer when the pool will be operating. This provides the opportunity to balance the two off-seasons with each other. Because of the placement of the generator, there is also the opportunity to sell back excess energy to the co-operative. This has been roughly calculated at 344kW or as noted in the letter dated February 9,1998, estimated at $3,600 annually. PROJECT COST: PURCHASE /LEASE ALTERNATIVES: The engineer's estimate of the properly sized generator for the campus is $686,405 as a cash purchase. Average operating cost has been estimated by DEA at $8,812. Using the most simple evaluation of the payback period; dividing the out-of-pocket cost of$686,405 by the projected annual savings of$73,421 produces a payback period of 9.35 years. This is a rather lengthy period of time to be trading operational savings for capital costs especially given the amount of uncertainty surrounding both the campus operations and the electrical utility industry. Using a more complicated approach and taking into account the time value of money, the results look somewhat better, although they incorporate estimates over a 30- year period that again compounds the uncertainty issue. The cost and savings over a 30- year period generate an internal rate of return of 10.18% on the investment. This means generally that you would need to invest the $686,405 at 10.18%to have an investment that is equal to the investment made in the generator. If you assume that an 8.0%rate of return on your investment of $686,405 is adequate, than the purchase of the generator is a better investment in the amount of$146,351 in present value dollars. In strictly financial terms, taking into account these assumptions of cost and savings, this would be a good investment. The basic question remains. How certain will the assumptions be over the 30- year period? The next question becomes, how would the cash purchase be financed and does the City have the cash to take advantage of what could be a good investment? The savings and proportional costs of the various components, which are incorporated into the estimates, are as follows: Police Station $16,056 19.5% $133,849 Municipal Center 19,095 23.2% 159,246 Civic Arena I 24,050 29.3% 201,117 Civic Arena II 15,470 18.8% 129,044 Sanitary Sewer Lift Station 1,283 1.6% 10,982 Aquatic Facility 6,279 7.6% 52,167 $82,233 100.0% $686,405 The figures for both the Civic Arena II and the Aquatic Facility are estimates. The Aquatic Facility is difficult to guess because the size and scope of the project hasn't been finalized and there is nothing to compare it to at this time. The Civic Arena II estimate is based on our experience with the first sheet of ice. If one were to assume that the funding is based on the proportional savings, then the General Fund has an obligation of $239,095,the Civic Arena Fund has an obligation of$330,161, the Utility Fund has an obligation of$10,982 and the Aquatic Facility Fund has an obligation of $52,167. Various funding options could be explored if the City Council feels that purchase is worth pursuing. The continuous lease option and the acquisition lease provided by Dakota Electric has not been analyzed because they result in borrowing money from Dakota Electric at a higher interest rate than is already available to the City. SUMMARY: The decision to proceed or not to proceed is not real obvious from a financial standpoint. Legitimate arguments could be made for either side of the issue. It would be quite difficult for the Civic Arena, for example,to come up with the money to make this investment even though there is an operational benefit and long-term savings. The Civic Arena is already on the Rate 70 plan and is taking advantage of the savings by agreeing to simply shut down in a case of interruption. This is obviously not an option for either the Police, City Hall or lift station. Additional emergency back-up power has not been a big issue for either the Police Station or for City Hall, although that is not to say that it will not be in the future. The estimate for the savings on the Aquatic Facility seems quite conservative and probably understates the potential operational savings at that site, assuming it is built. FOR COUNCIL ACTION: Staff is seeking direction regarding this issue. Should the project proceed to formal bidding and installation or should it be dropped from further consideration? S 4! -city of eagan MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, MUNICIPAL BUILDINGS DATE: MARCH 26, 1997 RE: DAKOTA ENERGY ALTERNATIVES - GENERATOR ISSUES FOR CONSIDERATION: Staff is seeking direction/approval from the City Council to pursue acquisition of an electrical generator (genset) for emergency power under the Dakota Electric program of peak energy savings for all or a portion of the Municipal Center campus. BACKGROUND: During the summer of 1996, Eagan staff was approached by Dakota Energy Alternatives (a division of Dakota Electric) to determine if the Civic Arena was a candidate location for an electrical generator. The generator would be used during "Peak Alert" times to reduce energy demands on Dakota Electric. The generator could also be used during power Interruptions caused by storms or emergency situations. The presence of the genset unit would qualify the facility for rate 70, which is much cheaper than the City's current rate 43. By comparison, rate 70 has an energy rate charge of.0238 per kWh while rate 43 charges .0413 per kWh. The savings between the two rates Is typically used to pay for the cost of the genset unit. Savings beyond the cost of paying for the unit would be the City's. Dakota Electric encourages the genset units for large electrical consumers to help postpone the need to build costly power generating plants which might be needed only to meet peak energy demands. Independent School District 196 has purchased genset units at Glacier HIlls Elementary, Red Pine Elementary, and Falcon Ridge Middle Schools. Many businesses have also Installed units to either take advantage of electrical savings or to provide emergency back up power. The City Council approved an electrical consultant's study of the Civic Arena, however when the arena project was bid, the savings did not cover the cost of the genset unit and the proposal was dropped. The Council may recall that a feasibility report for providing a generator at the south water treatment plant was subsequently done which showed potential savings at this facility. The Council has authorized the preparation of plans and specifications for that project to proceed. Because of the high electrical use at the Municipal Center and the Police building, a preliminary Investigation was undertaken to determine the feasibility of providing a genset unit for this site. INITIAL REVIEW: In preparing for the Initial review, staff learned that City Hall, Police, the Wescott sanitary sewer lift station and the Civic Arena were all on the same primary service line. (The Library is also on this electrical line but Public Utilities Commission rules prohibit more then one customer from being served by this program.) This common service line allows the City to consider combining all of the operations and servicing them from potentially one large generator. By combining the four locations Into one, the potential for an economically feasible project Is achieved. The attached information from Dakota Energy Alternatives reflects the advantage of this scenario. REVIEW OF PRELIMINARY STUDY: The preliminary study, which Is attached for reference, looked at the most recent 12 month billing period between February, 1996 through January, 1997. The combined kWh for all four locations Is reflected in the first column and peak demand in the second. You will note that August of 1996 was the biggest month for electrical usage at 261,632 kWh; with peak demand at 588. City Hall's biggest demand is 202, followed by the Civic Arena at 188, Police at 126 and the lift station at 34. The gross savings of rate 70 when applied to annual usage, provided an estimated savings of $61,861 . The cost to operate the genset unit, estimated at $6,614 annually, would be subtracted from this amount. There are various options for acquiring the unit; purchase, lease or an acquisition lease. As the exhibit reflects, the acquisition price Is estimated to be $459,896 which Includes electrical engineering design fees, bidding, etc., making this a "turn key" operation. This assumes a generator at 800 kW, which is large enough to handle the potential for a limited increase in demand in the future. The pay back, if the City were to purchase the unit, would be 8.32 years. A continuous lease would save the City $4,185 per year, based on this preliminary study. OTHER FACTORS There are a number of factors to consider, but perhaps the two most significant to this Issue relate to the Police operations and the Civic Arena. The Police have a back up generator already. This generator Is approximately 14 years old and was Initially rated at 150 kW. The Police do not have their entire building on the generator; some upper floor office lights, electrical outlets and some of the buildings mechanical equipment are not connected. The mechanical equipment supplies the cooling and ventilation to the emergency operations center and the ventilation to the dispatch center. These two locations can become hot and stuffy within an hour without power. Recently, the warning siren was added to the generator after the severe storm last May knocked out power to the siren before It could be activated. The siren draws about 26 kW. You may recall that the Police Department peak demand was about 126 kW before adding the warning siren. There Is some concern that the existing generator Is at capacity and that there can be no further additions or emergency reliance on this unit. 2 S� There have been different estimates as to the useful life of a generator. Staff believes this unit Is in reasonably good condition. It Is serviced on an annual contract and is run monthly. Typically, units like this could be expected to operate for twenty years, but reliability becomes a factor. The unit did fail In June, 1995 when a sensor malfunctioned during a power Interruption. As a point of Information, the Police also have a UPS battery power as back up which supplies the dispatch center. The batteries are useful for about 1 '/s hours. Since the new Police building was officially occupied, the UPS has been called upon 20 times for periods ranging from just a few seconds up to almost an hour. CIVIC ARENA ON RATE 70: As this study was initiated, staff also began to investigate If the Civic Arena could be put on the rate 70 plan without a back up generator or another source of electrical supply. The answer was a qualified yes. If the Arena could, within 15 minutes of notification that Dakota Electric was into a peak period, reduce its demand by no less then 50 kW, it would qualify for the rate 70. Although it presents some problems and choices, staff believes that through load management, the Arena will qualify for this rate. Action has already been initiated to make this conversion with an estimated annual savings of approximately $6,000. This obviously affects the preliminary study in that the Civic Arena would have already captured savings from rate 70 and would not then be able to contribute to the generator purchase capable of serving the entire Municipal Center. It is also likely that the generator needed for the remainder of the Municipal Center campus would be smaller and less expensive. Dakota Energy Alternatives has run a second scenario which reflects having only the City Hall and Police on a genset unit. This option is also attached for reference and is identified as exhibit "B". Although the Arena Is already taking advantage of the rate 70 program by shedding it's electrical demand for short time periods, that does not mean that facility would not benefit from having emergency back up provided by the genset. Calculations have not been run considering the possible addition of a second ice sheet. SECOND SCENARIO: Exhibit B summarizes the cost for providing a generator capable of meeting City Hall and Police needs with the Civic Arena and sanitary sewer lift station omitted. A generator capable of producing approximately 500 kW would be required. The estimated cost Is $382,776, which includes engineering, Installation, testing, etc. The rate 70 schedule would reduce electrical costs from $80,177 to $45,334, a savings of $34,843 annually. Operating expenses are estimated at $6,514 annually for a net cash flow of $28,330. Given the estimated cost, this translates into a pay back of 13.51 years. However, if the City were to purchase the unit, the net present value would be a negative $61,102 (Exhibit B). The City has the "continuous lease" option also available. This would not save the City any money from an electrical perspective, but would provide energy in an emergency situation while upgrading the backup equipment for the Police department. The City would not own nor would it be responsible for maintaining the generator with this option. The cost difference between this and the first scenario is less then expected because the electrical service entrances are at opposite ends of the two buildings. Enclosure costs for sound proofing do not decrease 3 �C, significantly with the reduction In size of generator, and screening costs for the generator do not decrease, may actually Increase, because the location would be adjacent to the Police building. Consequently, even though the size of the generator has been reduced, much of the other fixed costs have not been reduced proportionally. SANITARY SEWER LIFT STATION: The Wescott lift station, located just west of Denmark Avenue, has a connection for an emergency generator to be brought In. However, the Utility Division reports that it does not have a generator large enough to operate either of the two pumps for this lift station. During power failures now, sewage has been allowed to back-up Into the trunk main. This trunk main runs into the McCarthy property and once that property develops, this alternative would not be available. By including the lift station and providing generator power to it, there would be one less lift station to wont' about during major power disruptions. (Utilities Division has thirty- two lift stations.) Utilities reports this station will eventually need to have some type of back- up power supply, either portable or permanent. ISSUES FOR DISCUSSION: The Council will want to consider the present value of having to replace the current Police generator at some time in the future. As noted earlier, It appears as If it is at maximum capacity now. Age of the unit is another consideration. The unit has some useful life remaining, but has reached Its half life. The unit may have some salvage value. Cost to replace the unit today with a similar size has been estimated by one vendor at roughly $75,000. This assumes the same size generator with no additional changes. No estimate is available as to the salvage value of the existing generator. The Council should also consider the need/desire for City Hall to have emergency power. Another issue is location of a new unit should the Council decide to proceed. The location of the existing generator, behind the screening wall, would not be large enough for a new unit. It may be more cost effective to locate a genset near the lift station to serve the needs of the Municipal Center campus. COSTS: The costs associated with the hiring of an electrical engineer are part of the project cost and would be absorbed by DEA. However, if the Council should later decide that the project is not feasible or for some other reason decide not to proceed, those costs would be the responsibility of the City. Those costs are currently estimated at about $7,500. ALTERNATIVES: The Council may wish to consider the following possible actions: • Hire an electrical engineer through Dakota Energy Alternatives to thoroughly review the options and provide a cost analysis. • Hire an electrical consultant to proceed with preparing plans and specifications for 1. City Hall and Police only 2. The entire Municipal Center campus, understanding that there may not be a savings to the budget, but that the benefit would be from backup power to the Police, City Hall and sewer lift station. • Move not to proceed with any additional work. 4 S� Peak Alert Rate 70 Savings ' Customer Name: Giv vi EHvHn - 'CUv Hall CHUlUus Account Num,ber: 4Actutt Historical Usage & Demand Annual Rate Savings 44.35% 561,861 Month kWh Marimum & Year Usage Demand •�i Jan-97 183,712 425 f Dec-96 215,696 403 Nov-96 168.856 455r Oct-96 210,792 480 5$% Sep-96 190,616 529 r Aug-96 261,632 588 Jul-96 173,304 528 Jun-96 132.664 432 U% May-96 147,624 481 - Apr-96 171.872 518 Mar-96 182.584 441 Feb-96 173.776 499 TotaUMax 2,213,128 58M � Rate Components Rate 43 Rate 70 Monthly Facility Charge $25.00 $55.00 Enerp Rate per kWh 50.0413 50.0238 Demand Rate per kW S9.60 56.45 State Sales Tax 6.5% 6.5% Average Cost per k%Vh 50.0592 50.0329 • Monthly iffing Comparison Rate 43 Rate 70 Rate Energ} Demand Total 3/ Energy Demand Total 3/ Savings Jan-97 $11.998 $2,903 $2,742 56,071 $5,927 Dec-96 510.597 $3,408 $2.598 56.455 $4,142 Nov-96 $12,566 $2.668 $21,934 $6,025 S6,541 Oct-96 $12,325 $3,331 53,094 56,901 55,424 Sep-96 $15.397 53,012 53,413 •56.901 $8,496 Aug-96 $11,658 54,134 $3,793 $8,501 $3,157 Jul-96 S9,587 52,738 53,406 $6.602 S2,985 Jun-96 $10,288 $2,096 $2,784 $5,256 55,032 May-96 $11,145 $2,332 S3-,102 $5,846 55,299 , Apr-96 $10,717 $2,716 $3.341 56,509 54,208 Mar-96 $10,443 $2.885 $2.846 $6,162 54,281 Feb-96 $12.778 S2.746 $3,217 $6,409 56,369 Total 5139,499 $34.969 $37,270 577,638 S61.861 Averagc Monthly SaNi.ngs 551155 Notes: 1. This is a historical recoaiputation,using the moss recent 12 months of actual demand and energy usage. 2. Rate 70 assumes no coincident demand via standby generation(311.70 per kW). 3. Monthly totals include the facility charge,energy charge,demand charge,and resource adjustment 219,97 Medvoh.xls �� Dakota Ewg%-Ahpn=ve- ,Executive Summary_- Financing Options C#y of Eagan - City Hall Campus 700 What are the projected Rate Savings? Monthly Annual Electric Bill - Current Rate $11,625 $139,499 Electric Bill - Peak Alert Rate 70 $6,470 $77,638 Gross Rate Savings $59155 $61 ,861 How much does it cost to operate? ' Estimated Average Fuel Cost $278 $3,338 Maintenance Contract .10 Years 182 2,184 Full Coverage Warranty 10 Years 91 1,092 ' Operating Cost Estimate $551 $6,614 Free Cash Flow $4,604 $55,248 Cash Purchase (Customer owns Equipment) Estimated Project Cost $459,896 Includes.Generator Rebate ' ($13,360) Payback Period (Years) 8.32 Internal Rate of Return 11 .27% - Net Present Value @ 8% . $1671535 - Continuous Lease (DEALOwns Equipment) Annual Rate Savings to Customer - 3% $4,185 Up-Front Cost to Customer NONE Annual Operating Costs to Customer NONE f Acquisition Lease (Customer 01wns Equipment) Lease Payments 15- years $4,491 $53,896 Customer Rate Savings During Lease $113 $1,351 219.97 Mod,oh-Asv . Dakota F.nerg.Aheroati.rs 3-17-1997 8:44AM FROM DAKOTA ELECTRIC ENG 4653 107 P.3 Peak Alert Rate 70 Savings • A 1�01 .14i ti V- OfIE LL Month kWh M-rifflum 10 P. r-41 &Year U"ge Demand VkIN Jan-97 97,600 112400 DOC-% 226 Nov-96 8j:$D0 236 Oct-% 114.600 272 Sep-96 114,200 29D Aug-96 149.600 335 Al Jul-96 142,200 326 Jun-96 112,600 290 MAY-% 100,200 298 Apr-96 296 92,000 WWI 98,200 Feb-96 91,600 252 i., -11, 1-. -. . i I ri 242 3351 ITOUMS, 1,30,000 1,r -7, f,51r T771*it tr 43 Rate 70 Monthly Fad1fty Charge -M-5.00 $55.00 raergy Rift per kWh $0.0413 $0.0238 Demand Rate per kW 59.60 56.45 State SAW Tax 6.50/0 6.5004 Average Cost per kWh 50.0575 50.0325 4 011 x Rate 43 Rate 70 Rate Energy Demand Total 3/ Erwgy De=d Total 3/ Savings Jan-97 $6,383 $1,542 $1,522 $3,322 S3,061 Dem% 55,447 $1,776 $1,471 $3,517 51,930 Nov-% $6,911 $1,324 $1.522 $3,090 93,821 Oct-96 57,076 $1,811 51,754 $3,855 13,221 Sep-96 $8,799 $1,804 $1,868 $3.%9 $4,830 Aug-96 58,448 $2,364 52,160 $4,877 $3,571 JW-96 $7,341 S2.247 $2,105 $4,693 $2,648 Jun-96 $6,664 $1,779 $1,869 $3,944 $2,720 may.% $6,044 $1,$83 $1,922 $3,791 $2,253 Apr.% $5,801 $1,434 11.945 S3,572 $2,229 MU-% 55,367 $1,552 $1,561 $3,374 $1$93 Feb-96 $5,8% $1,447 $1,625 $3,330 $2,566 Total $80,177 $20,683 $21,224 545A34 534,943 Average Mouthly SaNings $2,904 11A, Mon q :t , t t4la cl;zde hV. e: VS/")MVOLTXLB S Dak du LwV A1=d1vw 1-98X 03-17-97 09:47AM F003 #40 3-17-1997 8:43AM FROM DAKOTA ELECTRIC ENG 4636107 75 Executive Summary - Financing d tions f E -: = What are the projected Rate Savings? Monthly Annual Electric Bill - Current Rate $6,681 . $80,177 Electric Bill - Peak Alert Rate 70 $3,778 $45,334 Gross Rate Savings $2,903 $34,843 How much does It cost to operate? Estimated Average Fuel Cost $166 $1,990 Maintenance Contract 10 Years 267 3,198 Full Coverage Warranty 10 Years 111 1,326 Operating Cost Estimate $543 $6,614 Free Cash Flow $2,360 $28,330 'ast raeCust,� il .. Estimated Project Cost $382,776 Includes Generator Rebate ($82200) Payback Period (Years) 13.61 Internal Rate of Return 6.06% Net Present Value @ 8% ($61,120) uDeirs� ; . TaCrtsu Annual Rate Savings to Customer - 0% $0 Up-Front Cost to Customer NONE Annual Operating Costs to Customer . NONE uta Lease payments 15 years $3,740 $44,882 Customer Rate Savings During Lease ($1,380) ($16,660)] 3/S/9?WWVOLTXU v DA&L LwV Alva R-gel 03-17-97 09:47AM P002 #40 ENG 4636107 �lliI�fdTjq ►a. 2 — - -F 00 220TH 311, S �����������5 7ELEPHONE` * 512-4636132� T.WFST� FARMlNGTON MN 55024-9583 •FA IkiILF. 892-463-6256 February 9, 1998 Iden Vraa City of.Eagan 3830 Pilot Knob Road 46M4 MN 5'l22 Dear Mr. Vraa: .1 have updated the Executive S has increased:from$635,438 to.$6g pPageof our ro p poral. The estimated project cost Ziegler Zook at the project and provide an estimate should be very have increased to reflex our p estimate of their costs.. close since I had most rec The operating costs Pricing.' ent information on fuel,maintenance and warran I talked to CP about purchasing the excesscapaci projected the peak.demand to be 791 k�V a �'that will be available. I have generator is rated�for 1,135 kW of �ice arena and pool are o excess capacity. Cp vuiIl offer a corimetpower. That mss berating. 'rhe' there should be 344 kW of for.operating expetLges• The excess ower;ourc bee the excess ca This will provide an pntr purchased at$p2 ity and reimburse . additional $3;600 iii.revenue per kW each year, If the excess capaCz , was used b p Per Year at 300 kW of excess operating costs. Theoperating �'C , the City of Eagan would be reimbursed fc capacity. . excess capacity credit, ailabe excess capacity ap'rnbursim�d or 1998 is$60 be reevaluated each per. 1,000 k'Wh. The year. The capacity credit would note COebursement will the next five years: than $12 per k W during If you have any further gUeStions,please call me at 463- 6193. Sincerely,. Thomas Vagts Project Engineer o 4636107 6 02-10-gg 10:OOAM 'P002 #43 2-10-1998 8:S4AM FROM DAKOTA ELECTRIC ENG 4636107 P. 3 Executive Summary - Financing Options :: :..:' y off'Eagan City fall Czps What are the projected Rate Savings? Monthly Annual Electric Bill - Current Rate $16,035 $192,424 Electric Bill - Peak Alert Rate 70 $9,183 $110,191 Gross Rate Savings $6,852 829233 How much does it cost to operate? Estimated Average Fuel Cost $356 $4,276 Maintenance Contract 10 Years 268 3,216 Full Coverage Warranty 10 Years 110 1,320 Operating Cost Estimate $734 $8,812 Free Cash Flow $6,118 $73,421 txs crc ;. Costar Ghuns E. ►upre�nl .:...: .::::.::..:. Estimated Project Cost $6869405 Includes Generator Rebate ($44,807) Payback Period (Years) 9.35 Internal Rate of Return 10.18% Net Present Value @ 8% $146,351 ¢rztrzuar ze �xt" + rs '� irnt, Annual Rate Savings to Customer - 0% $0 Up-Front Cost to Customer NONE Annual Operating Costs to Customer NONE �cfstio�n ease ' rsters ; ;Uk` : `,:`' ;>::;: .` .::: .,; Lease Payments 15 years $6,694 $80,330 Customer Rate Savings During Lease ($577) ($63919) 219M Medium voaiap 2-6-98 DALIx bear-oy Aitcmatives R=98% 636107 02-10-98 10:OOAM P003 #43 Peak Alert Rate 70 Savings Customer Mame: Eagan City FallAceouHtNtmiber: 1$510-02 Historical Usage& Demand. Annual Rate Savings 42.96"/" $19,095 Month kWh Maximum &Year Usage Demand Sep-97 71,800 182 57% Aug-97 88,600 205 Jul-97 66,200 186 Jun-97 59,400 130 May-97 51,200 150 Apr-97 45,400 118 Mar-97 47,600 134 Feb-97 50,800 136 Jan-97 59,800 128 Dec-96 46,000 136 Nov-96 64,600 156 43% Oct-96 63,200 176 Total/Max 714,600 205 j Rate Components to 43Rate 70 Monthly Facility Charge X5.00 $55.00 Energy Rate per kWh $0.0413 $0.0238 Demand Rate per kW $9.60 $6.45 State Sales Tax 6.5% 6.5% Average Cost per kWh $0.058.1 $0.0333 Monthly Billing Comparison Rate 43 Rate 70 Rate Energy Demand Total 3/ Energy Demand Total 3/ Savings Sep-97 $2,391 $1,747 $4,434 $1,134 $1,174 $2, $1,917 Aug-97 $2,950 $1,968 $5,264 $1,400 $1,322 $2,958 $2,306 Jul-97 $2,204 $1,786 $4,276 $1,046 $1,200 $2,451 $1,825 Jun-97 $1,978 $1,248 $3,462 $939 $839 $1,952 $1,510 May-97 $1,705 $1,440 $3,376 $809 $968 $1,951 $1,425 Apr-97 $1,512 $1,133 $2,844 $717 $761 $1,633 $1,211 Mar-97 $1,585 $1,286 $3,084 $752 $864 $1,780 $1,304 Feb-97 $1,692 $1,306 $3,219 $803 $877 $1,848 $1,371 Jan-97 $1,991 $1,229 $3,456 $945 $826 $1,945 $1,511 Dec-96 $1,532 $1,306 $3,049 $727 $877 $1,767 $1,282 Nov-96 $2,151 $1,498 $3,913 $1,021 $1,006 $2,217 $1,696 Oct-96 $2,105 $1,690 $4,068 $999 $1,135 $2,331 $1,737 Total $23,796 $17,637 544,445 $11,292 $11,849 S25,350 S19,1195 AN envie Nlonthl\ Say ingS 511591 otes l s fs a stimeal rei am iitatton vSR t>s-OR tai 0013 mo actual dec sucl and tmesgy usage: .:.. 1► ..... �c�imPe n(} O3pCl ep1.( #nap( R18 ,� .....II:C� 1 7 :p i i::::::...':.. .. Mott#hly tatuls u�elutic t1►t~fac�l�ty cJtazg� gy charge;demandEltai$e,and tesoutrdJstnaettt 12/3/97 City Hall Savings Dakota Energy Alternatives Peak Alert Rate 70 Savings Customer Name: Nike Station Account Number: 98996-01 Historical Usage& Demand Annual Rate Savings 43.63% $16,056 Month kWh Maximum & Year Usage Demand ---Tc-p-97 62,200 13 56% j Aug-97 82,200 148 Jul-97 60,400 139 Jun-97 53,000 100 May-97 47,200 102 Apr-97 47,400 100 Mar-97 48,000 100 Feb-97 46,800 100 Jan-97 52,600 100 Dec-96 37,800 100 Nov-96 50,000 116 44% Oct-96 51,000 114 Total/Max 638,600 148 hate Components Rate 43 Rate 70 Monthly Facility Charge 2 .0055.00 Energy Rate per kWh $0.0413 $0.0238 Demand Rate per kW $9.60 $6.45 State Sales Tax 6.5% 6.5% Average Cost per kWh $0.0541 $0.0305 Monthly Billing Comparison Rate 43 Rate 70 Rate Energy Demand Total 3/ Energy Demand Total 3/ Savings Sep-97 $2,071 $1,296 $3,6123 $871 $2,=3 $1,579 Aug-97 $2,737 $1,421 $4,455 $1,299 $955 $2,459 $1,996 Jul-97 $2,011 $1,334 $3,589 $954 $897 $2,030 $1,559 Jun-97 $1,765 $960 $2,929 $837 $645 $1,637 $1,292 May-97 $1,572 $979 $2,743 $746 $658 $1,554 $1,189 Apr-97 $1,578 $960 $2,730 $749 $645 $1,543 $1,187 Mar-97 $1,598 $960 $2,751 $758 $645 $1,553 $1,198 Feb-97 $1,558 $960 $2,708 $739 $645 $1,533 $1,175 Jan-97 $1,752 $960 $2,915 $831 $645 $1,631 $1,284 Dec-96 $1,259 $960 $2,390 $597 $645 $1,381 $1,009 Nov-96 $1,665 $1,114 $2,986 $790 $748 $1,697 $1,289 Oct-96 $1,698 $1,090 $2,996 $806 $732 $1,697 $1,299 Total $21,264 $12,994 536,804 $10,089 $8,731 S20,748 516,056 A\cnwc Nlonthl\ Say ins 51.338 es. . s cs a stoical rec ut;tion; slug the>s►os recent 32 u�oo hs abtual iiet snil erid etiesgy usage 2 1; to 0 a. , Atu»omctdent demat ii via ��e�r;i€}cru($11 1�1 p�1i i� 3 Mohly tot$]s tttcltde the facltty charge; $y cbazc,demand�hatge,acid esourced�usttett 12/3/97 Police Station Savings Dakota Energy Alternatives Peak Alert Rate 70 Savings Customer Name; Eagan Civic lee Arena Account Number- 81220-01 Historical Usage& Demand Annual Rate SaN Ings 43.46%o $24.050 Month kWh Maximum &Year Usage Demand Sep-97 75,571 187 57% Aug-97 91,123 223 Jul-97 61,824 212 Jun-97 33,792 156 May-97 68,544 180 Apr-97 75,456 175 Mar-97 81,408 175 Feb-97 81,024 175 Jan-97 99,456 127 Dec-96 79,488 198 Nov-96 91,200 191 43% Oct-96 72,192 223 Total/Max 911,078 223 Rate Components Rate 43 Rate 70 Monthly Facility Charge $25.00 $55.00 Energy Rate per kWh $0.0413 $0.0238 Demand Rate per kW $9.60 $6.45 State Sales Tax 6.5% 6.5% AN erase Cost per ON h 50.0570 50.0322 Monthly Billing Comparison Rate 43 Rate 70 Rate Energy Demand Total 3/ Energy Demand Total 3/ Savings Sep-97 $2,517 $1,791 $4,615 $1,194 $1,204 $2,612 $2,003 Aug-97 $3,034 $2,136 $5,533 $1,440 $1,435 $3,120 $2,413 Jul-97 $2,059 $2,032 $4,384 $977 $1,365 $2,553 $1,831 Jun-97 $1,125 $1,493 $2,815 $534 $1,003 $1,695 $1,120 May-97 $2,283 $1,733 $4,304 $1,083 $1,164 $2,452 $1,852 Apr-97 $2,513 $1,677 $4,489 $1,192 $1,127 $2,528 $1,961 Mar-97 $2,711 $1,680 $4,703 $1,286 $1,129 $2,631 $2,072 Feb-97 $2,698 $1,680 $4,689 $1,280 $1,129 $2,624 $2,065 Jan-97 $3,312 $1,219 $4,852 $1,571 $819 $2,604 $2,248 Dec-96 $2,647 $1,901 $4,870 $1,256 $1,277 $2,756 $2,114 Nov-96 $3,037 $1,834 $5,214 $1,441 $1,232 $2,905 $2,309 Oct-96 $2,404 $2,141 $4,867 $1,141 $1,438 $2,805 $2,062 Total $30,340 $21,317 555.335 $14,395 $14,322 531,285 s24,11,50 A\eras \1rnnhk Say inns 52.004 Not l T#ns isa:t is<uncal:recssmput tion; siig the;mdO rbce>it 12 t tcih6s df ictz�al, il:an: eid Y usage: .2 �t! 70 aomIics nocotticadeiu demaaii P1 an.y ra€ttsn(�11 >;l p°r1iV 3 NOW tool accluiie the fae.;<ltty sl azgesettesgy GhetTge,cien andEl�arge,aad esvurce�cijtrstiz�ent 12/3/97 Civic Ice Arena Savings Dakota Energy Alternatives �V Peak Alert Mate 70 Savings Customer Name: Eagan Civic Ice Arena Addition AccountNtmiber; 61220-01 Historical Usage& Demand Annual Rate Savings 43.31% $15.470 Month kWh Maximum & Year Usage Demand 57% Sep-97 56,678 13 Aug-97 22,781 51 Jul-97 15,456 47 Jun-97 25,344 39 May-97 51,408 135 Apr-97 56,592 131 Mar-97 61,056 131 Feb-97 60,768 131 Jan-97 74,592 124 Dec-96 59,616 149 Nov-96 68,400 143 Oct-96 54,144 137 43% i Total/Max 606,835 149 Note: Estimated 75%of existing ice arena history. Rate Components Rate 43 Rate 70 Monthly Facility Charge S25.00 $x.00 Energy Rate per kWh $0.0413 $0.0238 Demand Rate per kW $9.60 $6.45 State Sales Tax 6.5% 6.5% Average Cost per kWh $0.0552 $0.0313 Monthly Billing Comparison Rate 43 Rate 70 Rate Energy Demand Total 3/ Energy Demand Total 3/ Savings Sep-97 $1,887 $1,325 $3,447 896 890 $1,961 $1,486 Aug-97 $759 $492 $1,359 $360 $331 $794 $565 Jul-97 $515 $446 $1,050 $244 $300 $638 $412 Jun-97 $844 $374 $1,324 $400 $252 $753 $571 May-97 $1,712 $1,296 $3,230 $812 $871 $1,851 $1,379 Apr-97 $1,885 $1,260 $3,376 $894 $847 $1,913 $1,463 Mar-97 $2,033 $1,260 $3,534 $965 $847 $1,988 $1,546 Feb-97 $2,024 $1,260 $3,524 $960 $847 $1,983 $1,541 Jan-97 $2,484 $1,188 $3,937 $1,179 $798 $2,164 $1,773 Dec-96 $1,985 $1,426 $3,659 $942 $958 $2,082 $1,577 Nov-96 $2,278 $1,368 $3,910 $1,081 $919 $2,189 $1,721 Oct-96 $1,803 $1,310 $3,342 $855 $880 $1,906 ,$1,436, Total $20,209 $13,005 535,692 $9,588 $8,740 520,222 Sig. 0 AN emoc Niondih Sm Ings S 1.2 otes s'fsa sfoal!recirmputffifion,usisfg the roost recent i2 th<ittthsacti3$1 detd:and energy usage 2 11ate 0 a ri+ go>eomctde E detnao i ate enii��gejtier Eton X31 7 P* 3' 141cit3ttltateistn�enacgesmiesourceady t 12/3/97 Civic Ice Arena Addition Savings / Dakota Energy Alternatives Peak Alert Rate 70 Savings Customer Name: Denmark Lift StationAccount Ntmtber: 44923-00 Historical Usage& Demand Annual Rate Savings 27.26"/" 51,283 Month kWh Maximum & Year Usage Demand 27% Sep-97 5,952 49 Aug-97 4,512 24 Jul-97 5,568 19 Jun-97 4,992 17 May-97 4,992 17 Apr-97 4,032 33 Mar-97 5,376 14 Feb-97 5,088 14 Jan-97 3,840 10 Dec-96 5,568 21 j Nov-96 4,992 16 Oct-96 4,224 16 73% Total/Max 59,136 49 Rate Components Rate 42 Rate 70 Monthly Facility Charge $20.00 S55.00 Energy Rate per kWh $0.0562 $0.0238 Demand Rate per kW $5.30 $6.45 State Sales Tax 6.5% 6.5% Average Cost per kNN'h $0.0717 $0.0544 Monthly Billing Comparison Rate 42 Rate 70 Rate Energy Demand Total 3/ Energy Demand Total 3/ Savings Sep-97 287 260 $604 94 316 495 $109 Aug-97 $217 $127 $388 $71 $155 $299 $89 Jul-97 $268 $101 $414 $88 $123 $283 $131 Jun-97 $241 $90 $374 $79 $110 $260 $114 May-97 $241 $90 $374 $79 $110 $260 $114 Apr-97 $194 $175 $414 $64 $213 $354 $60 Mar-97 $259 $74 $376 $85 $90 $245 $131 Feb-97 $245 $76 $363 $80 $93 $243 $120 Jan-97 $185 $51 $273 S61 $62 $190 $83 Dec-96 $268 $112 $426 $88 $136 $297 $129 Nov-96 $241 $86 $370 $79 $105 $255 $115 Oct-96 $204 $86 $330 $67 $105 $242 $88 Total $2,850 $1,328 54,706 $935 $1,618 S3,423 51,283 A\emo c%lontlih Say in,s 51117 Nates. s fs a 'scancal .................. using the most recent 12 t.. actual deti n l aricl energy usage' 2 Jute�O a 906 to gci!:01 i!. 10 i via an ewer lot '17. er ' .... ....... .:.. I. 3gtihly tats tncle tl tacil�ty rliaige; ttgy cue,cleciiaud ehaxg ,and;iesoutcei�cijttstri#ent 12/3/97 Lift Station Savings Dakota Energy Alternatives Peak Alert Rate 70 Savings Customer Name: Eagan Community Pool AccouBtNumber: 61220-01 Ristorical Usage& Demand Annual Rate Savings 40.66% $6,279 Month kWh Maximum & Year Usage Demand ep-9 3,20 4 59% Aug-97 46,368 140 Jul-97 46,368 140 Jun-97 46,368 140 May-97 23,205 45 Apr-97 7,546 18 Mar-97 8,141 18 Feb-97 8,102 18 Jan-97 9,946 17 Dec-96 7,949 20 Nov-96 9,120 19 4 Oct-96 7,219 18 Total/Max 243,536 140 Note: Estimated Rate Components Rate 43 Rate 70 Monthly Facility Charge $2�0 55.00 Energy Rate per kWh $0.0413 $0.0238 Demand Rate per kW $9.60 $6.45 State Sales Tax 6.5% 6.5% Average Cost per k-Wh 50.0595 50.0353 Monthly Billing Comparison Rate 43 Rate 70 Rate Energy Demand Total 3/ Energy Demand Total 3/ Savings Sep-97 773 S432 S1,310 S367 290 758 $552 Aug-97 $1,544 $1,339 $3,097 $733 $900 $1,798 $1,299 Jul-97 $1,544 $1,339 $3,097 $733 $900 $1,798 $1,299 Jun-97 $1,544 $1,339 $3,097 $733 $900 $1,798 $1,299 May-97 $773 $432 $1,310 $367 $290 $758 $552 Apr-97 $251 $168 $473 $119 $113 $306 $167 Mar-97 $271 $168 $494 $129 $113 $316 $178 Feb-97 $270 $168 $493 $128 $113 $315 $178 Jan-97 $331 $158 $547 $157 $106 $339 $208 Dec-96 $265 $190 $511 $126 $128 $329 $182 Nov-96 $304 $182 $544 $144 $123 $343 $201 Oct-96 $240 $175 $469 $114 $117 $305 $164 Total $8,110 $6,090 515,442 $3,850 $4,093 59,163 ~6,279 A�cragc Nionflih SaN inOs 5523 ot 1113tts tsa iustsx►cal recvmtrutafi014 ust>sg the frost tsecenE 12 tnottths Of acttaal i1 d,**d g} usage Mate�0 .rr nv d nCtde�tf;1 1 i na ai y epera€lc>n( ]1 �Q 3 Mottl#y talals.iftcludel lacllit� liarge�engy cltaxge,detnaidcharge;aztd tesautcei�cljttsttztent 12/3/97 Community Pool 13 Dakota Energy Alternatives Executive Summary - Financing Options City of Eagan - City Hall Campus What are the projected Rate Savings? Monthly Annual Electric Bill - Current Rate $16,035 $192,424 Electric Bill - Peak Alert Rate 70 $9,183 $110,191 Gross Rate Savings $6,852 $82,233 How much does it cost to operate? Estimated Average Fuel Cost $356 $4,276 Maintenance Contract 10 Years 168 2,016 Full Coverage Warranty 10 Years 111 1 ,326 Operating Cost Estimate $635 $7,618 Free Cash Flow $6,217 $741615 Cash Purchase (Customer Owns Equipment) Estimated Project Cost $635,438 Includes Generator Rebate ($44,807) Payback Period (Years) 8.52 Internal Rate of Return 11 .34% Net Present Value @ 8% $210,451 Continuous Lease (DEAI Owns Equipment) Annual Rate Savings to Customer - 0% $0 Up-Front Cost to Customer NONE Annual Operating Costs to Customer NONE Acquisition Lease (Customer Owers Equipment) Lease Payments 15 years $6,197 $74,359 Customer Rate Savings During Lease $21 $246 12i3i97 Medium Voltage 12-3-97 Dakota Energy Altematives �g 4300 220TH STREET WEST• FARMINGTON, MN 55024-9583 HL !i L TE/7 T1 VES TELEPHONE• 612-463-6132• FACSIMILE• 612-463-6256 February 11, 1998 Ken Vraa City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Vraa: Here is some additional information on average ele,.tric energy ,:ales. 'The firs, char labeled Electric Retail Rates represents the average electric energy rate in each region of the North American Electric Reliability Council. A map is included to show where each of the regions are located. Cooperative Power is part of MAPP which has the lowest average retail rate in the council. The second chart is labeled Average 1995 Electric Rates, Ranked by State shows Minnesota as the 17`h lowest state. The table titled Typical Residential, Commercial, and Industrial Bills calculates the average bill for each relative to Minnesota, the midwest, and the nation. If you have any further questions, please call me at 463-6193. Sincerely, Thomas Vagts P: ecl Engi^eer ¢ per kWh c 8 S 8 8 8 8 8 Z :.- ,.. ... r... �r, '• � sem++,'�s �; Tz'i"1.'ot' + r.y Ao�. . _ ... EN C) T Z f7 n .. .. ..:. .. .. .. > .,y. o n c ff C D _. A N rMIL c 3 �■ � 0 J V N m n N S D North American Electric Reliability Council ...::: :.... W.. . ......... . :.: NPCC C ti :.... ---------- MAPP WSCC ;,. IViAAC MAIN EC ... SPP SERC ERCOT ECAR East Central Area Reliability Coordination Agreement ERCOT Electric Reliability Council of Texas MAAC Mid-Atlantic Area Council MAIN Mid-America Interconnected Network MAPP Mid-Continent Area Power Pool NPCC Northeast Power Coordinating Council SERC Southeastern EIectric Reliability Council SPP Southwest Power Pool WSCC Western Systems Coordinating Council Affiliate ASCC Alaska Systems Coordinating Council i-5 .......... .............. .. ......... 'QC----- ------- ... --------------------------------- ---------- ------ -------- ----- - . ........ ---- --- --- ----------- ------------- ....... ... ... ------ Ram --- ------- Typical Residential, Commercial, and Industrial Bills Residential (@ 750 kWh per month) Minnesota $55.41 Region $62.25 +12% USA $67.07 +21% Commercial (50 kW @ 35% load factor) Minnesota $841 Region $942 +12% USA $1,070 +27% Industrial (10,000 kW @ 68% load factor) Minnesota $222,707 Region $232,969 +5% USA $274,810 +23% Source: Edison Electric Institute, Summer 1996. Agenda Information Memo April 7, 1998 Eagan City Council Meeting 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. Seasonal Engineering Intern-- ACTION TO BE CONSIDERED: To approve the hiring of Chad Darnell as a seasonal engineering intern. Item 2. Seasonal Naturalist— ACTION TO BE CONSIDERED: To approve the hiring of Alicia Flynn as a seasonal naturalist. Item 3. Seasonal Park Maintenance Workers-- ACTION TO BE CONSIDERED: To approve the hiring of Kimberly Dyer and Dave Jungers as seasonal park maintenance workers. Item 4. Seasonal Park Attendants-- ACTION TO BE CONSIDERED: To approve the hiring of Patricia Crane, Delbert Keene and Kathryn Pletcher as seasonal park attendants. Item 5. Seasonal Ballfield Attendants-- ACTION TO BE CONSIDERED: To approve the hiring of Andrew Koppang, Nick Scharftbillig and Paul Whisehand as seasonal Ballfield attendants. �D Agenda Information Memo April 7, 1998 Eagan City Council Meeting Item 6. Seasonal Skating Instructor-- ACTION TO BE CONSIDERED: To approve the hiring of Guyal Aanestad as a seasonal skating instructor. Agenda Information Memo April 7, 1998 Eagan City Council Meeting B. RESIGNATION,ARC—JIM GALLAGHER ACTION TO BE CONSIDERED: Accept resignation of Jim Gallagher from the Airport Relations Commission and make a determination regarding filling the vacancy. FACTS: • Mr. Gallagher informed Assistant to the City Administrator Hohenstein that he is resigning from the Airport Relations Commission due to personal time constraints. Mr. Gallagher's term expires January, 2001. • Nadim Zoberi is currently the alternate on the commission with a term expiring January 1999. • As the Council has considered in the past, staff is recommending that the current alternate be promoted to the regular Commission position and that the remaining candidates for advisory commissions be contacted by staff to determine their interest in serving as an alternate on the Airport Relations Commission. If no response is received from the pool of candidates, the position will be advertised in the local media. BACKGROUND: • Mr. Gallagher's letter on page �3 C j Thursday,March 12,1998 11:02 AM To: From:Jim Gallagher Page:i of 1 Harry F. Long, Inc. 2975 Lone Oak Circle Suite 204 Eagan,MN 55121 Telephone(612)686-6931 Fax(612)686-7081 March 12, 1998 Jon Hohenstein City Administrator 3830 Pilot Knob Rd. Eagan, MN 55122 Dear Jon: I have decided to resign as a member of the Eagan Airport Relations Commission. I erred in joining, as I simply do not have the time to serve as I should. I hope that by resigning early the commission's alternate can move into my spot without affecting things significantly. Thank you and the mayor for accepting my membership, but I simply cannot spare the time and energy to properly serve the commission. Thank you. R , Jim gher Harry F. Long, Inc. Agenda Information Memo April 7, 1998 C• APPROVE CONTRACT TO CONSTRUCT FOOTINGS AND FOUNDATION-FISH LAKE ALUM DOSING STATION (CONTRACT NO. 98-02). ACTION TO BE CONSIDERED: • To approve a contract with Jay Brothers to construct the concrete footings and foundation for the Fish Lake alum dosing station. FACTS: • At the October 1, 1997 meeting, the City Council authorized staff to proceed with the construction of the Fish Lake alum dosing station. • Quotes to carry out the concrete work were received from two firms and opened on March 10, 1998. • The low quote of$24,947.50 by Jay Brothers compares favorably to the engineers estimate for this component of the project. The City staff and consultant working on the project therefore recommend that the project be awarded to Jay Brothers. ATTACHMENTS: • Letter from Craig Larson, BRA to Water Resources Coordinator Brasch recommending award of contract to Jay Bros. ral rS ac—'P4 • Copy of contract for which signature is requested Pal es d7- 31 ay ` 8onestroo,Rosene.Anderlik and Associates,Inc.is an Affirmative Action Equal Opportunity Emplc ver BonestrooPnnapals Otto G.8onestroo,P.E.• Joseph C.Anderlik,P.E •Marvin L.Sorvala,PE. Richard E.Turner.P.L.• Glenn R.Cook,PE.•Robert G.Schunicht,P.E.• Jerry A.Bourdon,P.E. RoseneRobert W.Rosene,P.E.and Susan M.Eberlin,C.PA,Senior Consultants ® Anderlik & Associate Principals Howard A Sanford,PE.• Keith A.Gordon PE • Robert R.Pfefferle,P.E. Richard W Foster,PE.•David O.Loskota,PE.• Robert C.Russek,A.I.A.• Mark A.Hanson,P.E. Michael T Rautmann,P.E.• Ted K.Field,P.E.• Kenneth P Anderson,PE.• Mark R.Rolls,PE. Associates Sidney P Williamson,PE.,L.S.• Robert F Ko—:myth Offices:St.°aui,Rochester,Willmar and St.Cloud,MN• Milwaukee,WI Engineers & Architects March 11, 1998 Eagan Maintenance Building 3501 Coachman Point Eagan,MN 55122 Attn: Mr.Rich Brasch Re: Fish Lake Alum Injection System City Contract No. 98-02 Bra File No.49588 Dear Rich: Bids were open for the project stated above Tuesday,March 10> 1998. Tran smitted herewith are the copies of the Quote tabulation for your information and file. Copies will also be distributed to each bidder. The following summarizes the results of two out of the three quotes were requested. Sumazan chose not to submit a quote. Contractor Quotes Low Jay Bros. Inc. $24,947.50 #2 W.V.Nelson $30,070.00 The low quote was received from Jay Bros.,Inc. The Engineers Estimate was$19,000.00, although it did not include the site grading and manhole built over the existing force main. When these items are removed from the Base Bid,the low quote compares favorably with the Engineers Estimate. The quotes have been reviewed and found to be in order. Therefore we recommend that the project be awarded to Jay Bros., Inc.for the Quote of$24,947.50. If the City of Eagan chooses to proceed with the project,Jay Bros.has expressed an interest in starting as soon as possible to take advantage of the change in the weather(the frost is back in the ground). Based upon your review and recommendation,I will await your reply before I proceed with preparing the Contract Documents and setting up a Preconstruction Conference. If you have any question or comments,please feel free to contact me. My direct dial number is 604-4883. Yours truly, BONES 00,ROSENE,ANDERLIK&ASSOCIATES t Craig W. rson cc: Russ Matthys 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 • Fax: 612-636-1311 KSFone-s—tr-o project Name Fish Lake Alum Injection System File No. 49588 Rosen Anderlik Owner City of Eagan Assodate Cit Contract No. 98-02 6 Architect Quotation Opening 10:30 a.m., C.S.T.,Tuesday,March 10, 1998 I hereby certify that this is an exact reproduction of quotes received Ma A. Hanson, P.E. Registration No. 14260 TABULATION OF QUOTES Tabulation of Two Low Quotations of Two Received Quote No. 1 Quote No.2 Jay W.V.Nelson Bros.,Inc. Construction Unit Unit No. Item Unit Qty. Price Total Price Total Part 1-Concrete&Utility Installation 1 Place concrete slab and footings LS 1 19,210.00 19,210.00 20,930.00 20,930.00 2 Install utilities LS 1 2,290.00 2,290.00 4,290.00 4,290.00 3 Silt fence/erosion control LF 70 3.25 227.50 8.00 560.00 4 Construct MH over existing 16"force main LS 1 3,220.00 3,220.00 4,290.00 4,290.00 Total Quotation $24,947.50 $30,070.00 Firm Name Jay Bros.,Inc. W.V.Nelson Construction Address 9218 Lake Drive NE 4205 Pilot Knob Rd City,State,Zip Forest Lake,MN 55025 Eagan,MN 55122 Phone 612.464.6400 612.454.9191 Fax 612.464.1704 612.454.8877 By Mark R.Jay Walter V.Nelson Title CFO Owner 5%Bid Security Bid Bond Bid Bond a6 49588 QUOTE TAB.WB2 Page 1 �x CITY OF EAGAN CONTRACT FOR city of pagan FISH LAKE ALUM INJECTION SYSTEM For valuable consideration as set forth below, this contract dated the th day of , 199_is made and signed by the City of Eagan (hereinafter"City") and Jay Bros., Inc. (hereinfter"Contractor"). 1. CONTRACT DOCUMENTS The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract and specifications, all of which are hereby incorporated by this reference. This Contract shall compromise the total agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. 2. THE WORK The work to be performed by Contractor under this Contract(hereinafter the "Work"), is defined in Exhibit A (Request for Proposal). Any modifications to the work defined in Exhibit A will be made in writing. 3. CONTRACT PRICE The City agrees to pay the Contractor$24,947.50 or Twenty four thousand,nine hundred forty seven and 50/100 dollars,payable in accordance with the payment terms of the City Instruction to Bidders. Contractor will be charged liquidated damages assessed in the amount of$200.00 per day for every calendar day that the contract remains uncompleted beyond the 30`h day of May, 1998 (hereinafter the "Completion Date"). 4. COMPLETION DATE Contractor shall complete his performance under this Contract by the 30`h day of May, 1998 (hereinafter the "Completion Date). 5.. INSURANCE/BOND Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain the City's approval of a Certificate of Insurance on Standard Form C.I.C.C.-701 or ACORD 25 forms, showing the following insurance coverage and listing the City as a loss payee under the policies: a.. General Contractor Liability: $1,000,000.00 b. Automobile Liability for all Automobiles:$1,000,000.00 C. Workman's Compensation: Statutory Amounts This certificate must provide for the above coverages to be in effect from the date of the Contract until 30 days after the Completion Date and must provide the insurance coverage will not be cancelled by the insurance company without providing to the City 30 days written notice of intent to cancel. The certificate must further provide that the Contractor's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the City that may apply to injury or damage relating to the maintenance or repair of the City's streets or right-of-ways by either the City or any employee, agent, independent contractor or any other person or entity retained by the City to perform the services described herein. The Contractor shall furnish Performance and Materials/Labor Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all Contractor's obligations under the Contract Documents. These bonds shall remain in effect at least two years after the date of final payment, except as otherwise provided by law. All bonds shall be in the forms prescribed by the Contract Documents and be eecuted by such sureties as are: A) licensed to conduct business in the State of Minnesota, and B) are named in the current list of"Companies Holding Certificates of Authority as Acceptable Sureties or Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the audit staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certifed copy of the authority to act. If the Surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Minnesota or it ceases to meet the requirement of clauses A) or B) in the previoous paragraph, Contractor shall within five days thereafter substitute another Bond and Surety, both of which shall be acceptable to the City. All bonds and insurance are subject to the review and approval of the City of Eagan's Attorney. 6. LAWS, REGULATIONS, AND SAFETY The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. 7. INDEMNIFICATION The Contractor agrees to indemnify, defend and hold the City harmless from any damages, including costs and attorney fees, from any claims, demands actions or causes of action arising out of any act or omission on the part of the vendor or its agents, servants, or employees in the performance of or with relation to any of the work or services performed or furnished by the Contractor under this Contract. 8. ASSIGNMENT The Contractor shall not assign or transfer, whether by an assignment or notation or otherwise, any of its rights, duties, benfits, obligations, liabilities or responsibilities without prior written consent of the City. 9. NOTICE The address and telephone number of the Contractor for purposes of giving notices and any other purpose under this contract shall be Jay Bros., Inc., 9218 Lake Drive NE, Forest Lake, MN 55025.Phone (612) 464-6400. The address of the City for purposes of giving notices and any other purpose under this contract shall be 3501 Coachman Point, Eagan,MN 55122. The phone number is (612) 681-4300. The contact person for the City of Eagan shall be Rich Brasch. � 9 I This Agreement, together with the documents hereinabove mentioned, form the Contract and all documents are as fully a part of the Contract as if attached hereto or herein repeated. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the day and year first above written. Attest: The City of Eagan (Seal) By OWNER By In the presence of: Jay Bros.,Inc. CONTRACTOR By TITLE CERTIFICATE OF ACKNOWLEDGEMENT State of Minnesota ) ) SS. County of ) On this day of t19 , before me personally appeared to me personally known, being by me duly sworn, did say that he is the Representative of the City of Eagan, that the seal affixed to the foregoing instrument is the seal of said City of Eagan, and that said instrument was executed on behalf of the Owner, and said acknowledged the instrument to be the free act and deed of said City of Eagan. (Notarial Seal) Signature of Notary Public 3 C) CERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is individual or partnership) State of Minnesota ) ) SS. County of ) On this day of , 19 , before me personally appeared to me personally known to be the person described in and who executed the foregoing instrument and acknowledged that_he executed the same as the free act and deed of the individual. (Notarial Seal Si of (N ) Signature gn Notary Public CERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is a corporation) State of Minnesota ) ) SS. County of ) On this day of , 19 , before me personally appeared and , to me personally known who, being by me duly sworn, each did say that they are respectively the and of Jay Bros., Inc., that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of the corporation by authority of its Board of Directors and said and acknowledged the instrument to be the free act and deed of the corporation. (Notarial Seal) Signature of Notary Public 31 Agenda Information Memo April 7, 1998 Eagan City Council Meeting D. EXEMPTION FROM LAWFUL GAMBLING LICENSE, VALLEY VIEWERS 4-H CLUB TO CONDUCT BINGO AT THE FOURTH OF JULY CELEBRATION ACTION TO BE CONSIDERED: To approve a resolution providing for an exemption from the lawful gambling license requirement for the Valley Viewers 4-H Club to conduct bingo on July 3 and 4, 1998 at Sky Hill Park in conjunction with the Fourth of July celebration. FACTS: • The City is in receipt of the above referenced application. It has been reviewed by staff and is in order for consideration by the Council at this time. ATTACHMENTS: • Resolution attached on page 33 . • Application enclosed without page number. RESOLUTION CITY OF EAGAN APPLICATION FOR AUTHORIZATION TO CONDUCT EXCLUDED BINGO WHEREAS, the Valley Viewers 4H Club has applied for authorization to conduct excluded bingo; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and WHEREAS, the Valley Viewers 411 Club has operated bingo games in conjunction with the Fourth of July celebration since 1988; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the authorization to conduct excluded bingo for Valley Viewers 4H Club. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 7th day of April, 1998. E. J. VanOverbeke, City Clerk 3-3 Agenda Information Memo April 7, 1998 Eagan City Council Meeting E. APPROVE GENERAL FUND BALANCE TRANSFER AND RESERVATION CHANGES ACTION TO BE CONSIDERED: To approve the following adjustments to the General Fund balance, all effective as of December 31, 1997: 1.) To remove the $500,000 reserved for abatements. 2.) To designate $2,415,000 for defeasance of four(4) general obligation bond issues. 3.) To transfer$1,700,000 to the Equipment Revolving Fund. FACTS: • At the Special City Council meeting held March 24, 1998, the Council discussed various options available for the amount of the fund balance that exceeds the City's parameters. • Pending the official action, the auditors will reflect these changes in the comprehensive annual financial report as of December 31, 1997. 3 y Agenda Information Memo April 7, 1998 Eagan City Council Meeting F. APPROVE RESERVATION OF RESERVE IN THE COMMUNITY INVESTMENT FUND FOR THE CIVIC ARENA BONDS ACTION TO BE CONSIDERED: To set up a reserve account in the Community Investment Fund for the maximum annual debt service on the Ice Arena Gross Revenue Bonds, Series 1998B, in the amount of $129,050. FACTS: • In a separate action,the City Council will be considering a resolution giving final approval to awarding the sale of$1,565,000 Ice Arena Gross Revenue Bonds, Series 1998B. A condition of the sale is the establishment of a reserve account equal to the maximum annual debt service. • To maximize funds available for construction of the second sheet of ice, the City Council has previously authorized use of resources within the Community Investment Fund to provide this reserve. • Interest earnings on the reserve remain as part of the assets of the Community Investment Fund. Agenda Information Memo April 7, 1998 Eagan City Council Meeting G. APPROVE RESOLUTION AUTHORIZING SALE OF CIVIC ARENA GROSS REVENUE BONDS ACTION TO BE CONSIDERED: To approve a resolution awarding sale of$1,565,000 Ice Arena Gross Revenue Bonds, Series 1998B, fixing the form and specifications thereof,providing for their execution and delivery, and providing for their payment. FACTS: • At the February 17, 1998 City Council Meeting, a resolution was approved relating to the financing of a second sheet of ice. • At the March 17, 1998 meeting, action was taken authorizing the fiscal consultant and staff to negotiate a sale of these securities at an interest rate not to exceed 6.2%. • Negotiations have continued and the proposal of Dougherty Summit Securities, LLC to purchase the bonds at a net interest rate of 5.534%has been accepted per the Council's previous action. • After the discount and issuance fees, the City will net $1,515,000 to apply toward construction of the second sheet of ice. • In separate action, the City Council will be considering setting up the required reserve account within the Community Investment Fund. ATTACHMENTS: • Draft Resolution on pages through _. 36 DRAFT:3/31/98 Extract of Minutes of Meeting of the City Council of the City of Eagan Dakota County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Eagan, Minnesota, was duly held at the City Hall in the City, on Tuesday, April 7, 1998 at 6:30 o'clock P.M. The following members were present: and the following were absent: The Mayor announced that the meeting was convened for the purpose of considering a proposal for the purchase of$1,565,000 Ice Arena Gross Revenue Bonds, Series 1998B. Member introduced the following written resolution and moved its adoption: RESOLUTION AWARDING SALE OF $1,565,000 ICE ARENA GROSS REVENUE BONDS, SERIES 1998B, FIXING THE FORM AND SPECIFICATIONS THEREOF, PROVIDING FOR THEIR EXECUTION AND DELIVERY, AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, as follows: 1. The proposal of Dougherty Summit Securities LLC (the "Purchaser") to purchase the $1,565,000 Ice Arena Gross Revenue Bonds, Series 1998B of the City at a price of$1,541,525.00 plus accrued interest is hereby found and determined to be a favorable proposal, and shall be and is hereby accepted, said offer being to purchase Bonds bearing interest according to year of maturity as follows: Maturity Interest UA ril 1) Rale 1999 4.00% 2000 4.40 2001 4.50 2002 4.60 2003 4.75 2004 5.00 2005 5.10 2009 5.25 2019 5.50 2. To provide funds for construction of an ice arena (the Project), the City hereby determines that it is necessary and expedient to issue pursuant to Minnesota Statutes, Sections 471.15 to 471.191, its negotiable Ice Arena Gross Revenue Bonds, Series 1998B (the "Bonds") in the aggregate principal amount of$1,565,000, dated April 1, 1998, which Bonds shall bear interest at the rates above set forth, computed on the basis of a 360-day year of twelve 30-day months, payable April 1, 1999 and semiannually thereafter on April 1 and October 1 in each year, and shall mature serially on April 1 in the years and amounts as follows: 3� 2 Year Amount 1999 $ 45,000 2000 45,000 2001 50,000 2002 50,000 2003 55,000 2004 55,000 2005 60,000 2009 265,000 2019 940,000 The Bonds maturing on April 1, 2009 and April 1, 2019 are subject to mandatory sinking fund redemption and shall be redeemed in part at par plus accrued interest on the mandatory redemption dates and in the principal amounts as follows: April 1, 2009 Term Bond Mandatory Redemption Date Principal Amount April 1, 2006 $ 60,000 April 1, 2007 65,000 April 1, 2008 70,000 April 1, 2009* 70,000 April 1. 2019 Term Bond Mandator, Redemption Date Principal Amount April 1, 2010 $ 75,000 April 1, 2011 80,000 April 1, 2012 85,000 April 1, 2013 85,000 April 1, 2014 90,000 April 1, 2015 95,000 April 1, 2016 100,000 April 1, 2017 105,000 April 1, 2018 110,000 April 1, 2019 115,000 *Final Maturity The principal amount of the Bonds maturing on April 1, 2009 and April 1, 2019 or required to be redeemed on each mandatory redemption date as set forth above, may be reduced through the earlier optional redemption thereof, with any partial optional redemptions of Bonds-of such maturities credited against future mandatory redemption requirements for such Bonds in such order as the City shall determine. In addition, on or prior to the 60th day 3° 3 preceding any mandatory redemption date, the Registrar and Paying Agent may, and if directed by the City shall, purchase the Bonds maturing on April 1, 2009 or April 1, 2019 in an amount not exceeding the amount of the Bonds of such maturity required to be redeemed on such date and at a price not exceeding the principal amount thereof plus accrued interest. Any Bonds so purchased shall be canceled and the redemption thereof shall be credited against the principal amount of Bonds of such maturity required to be redeemed on the next mandatory redemption date. All Bonds maturing on or after April 1, 2006, being subject to redemption and prior payment in whole or in part in such order as the City may determine and by lot within a maturity at the option of the City on April 1, 2005, and any date thereafter at par and accrued interest. In the event of redemption by lot of Bonds of like maturity, the Bond Registrar shall assign to each Bond of such maturity then outstanding a distinctive number for each $5,000 of the principal amount of such Bonds and shall select by lot in the manner it determines the order of numbers, at $5,000 for each number, for all outstanding Bonds of like maturity. The order of selection of Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected, but only so much of the principal amount of each Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. The Bonds shall be numbered R-1 upwards in order of issuance or in such other order as the Registrar may determine and shall be in the denomination of$5,000 each or any integral multiple thereof not exceeding the amount maturing in any year. 3. The Bonds, the Registrar's Authentication Certificate and the form of assignment shall be in substantially the following form: D 4 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF EAGAN No. S ICE ARENA GROSS REVENUE BOND, SERIES 1998B Interest Rate Maturity Date of Original Issue CUSIP April 1, 1998 Registered Owner: Principal Amount: The City of Eagan, Dakota County, Minnesota, for value received, hereby promises to pay to the Registered Owner specified above, or registered assigns, solely from the sources described herein, the Principal Amount specified above on the maturity date specified above, upon the presentation and surrender hereof, and to pay to the Registered Owner hereof, solely from such sources, interest on such Principal Amount at the Interest Rate specified above from April 1, 1998, or the most recent interest payment date to which interest has been paid or duly provided for as specified below, on April 1 and October 1 of each year, commencing April 1, 1999, until said principal amount is paid. Principal is payable in lawful money of the United States of America at the office of U.S. Bank Trust National Association, in St. Paul, Minnesota, as Bond Registrar or of its successor as Bond Registrar designated by the City upon 60 days' notice to the registered owners at their registered addresses. Interest shall be paid on each April 1 and October 1 interest payment date by check or draft mailed to the person in whose name this Bond is registered at the close of business on the 15th day of the month preceding each interest payment date (whether or not a business day) at said person's address set forth on the registration books maintained by the Bond Registrar. Any such interest not punctually paid or provided for will cease to be payable to the owner of record as of such regular record dates and such defaulted interest may be paid to the person in name this Bond shall be registered at the close of business on a special record date for the payment of such defaulted interest established by the Bond Registrar. The Bonds of this series having stated redemption dates of April 1. 2009 and April 1, 2019 are subject to mandatory sinking fund redemption on April 1 in each of the years 2006 to 2008 and 2010 to 2018, respectively, as provided in the Resolution described below. The Bonds of this series maturing on or after April 1, 2006, are subject to redemption at the option of the City, in whole or in part in such order as the City may determine and by lot within a maturity, on April 1, 2005 and any date thereafter at par and accrued interest. 5 . 1// Thirty days' notice of prior redemption will be given by mail to the bank where the Bonds are payable and to the registered owners in the manner provided by Chapter 475, Minnesota Statutes. Any defect in mailing notice of redemption shall not affect the validity of the proceedings for redemption. Any Bond called for redemption, and for the payment of which moneys are set aside by the City on the redemption date, shall not bear interest after the redemption date, regardless of any delay in its presentation. During such time as this Bond is registered in the name of Cede & Co., as nominee of Depository Trust Company New York, New York ("DTC"), the method of payment, notice of redemption and certain other matters are subject to the terms of a Blanket Letter of Representation executed by the City and DTC as such Letter may be amended from time to time. This Bond is one of an issue of Bonds in the aggregate principal amount of $1,565,000, all of like date and tenor except as to maturity, interest rate and redemption privilege, issued pursuant to and in full conformity with the Constitution and Laws of the State of Minnesota, including Minnesota Statutes, Sections 471.15 to 471.191, for the purpose of providing funds for construction of an ice arena; and this Bond and any additional obligations which may be issued on a parity herewith are payable solely from the gross revenues of the City's ice arena facilities which the City has pledged to the payment of the principal of and interest on the Bond's and similar obligations hereafter issued pursuant to the Act, all as more fully described in the Resolution. Reference is hereby made to the Resolution for a complete statement of the revenues pledged to the Bonds, certain covenants of the City relating thereto and the conditions of the issuance of additional parity bonds. This Bond is transferable, as provided by the Resolution of the City Council authorizing the issuance of the Bonds of this series adopted April 7, 1998 (the "Resolution") only upon books of the City kept at the office of the Bond Registrar by the Registered Owner hereof in person or by the Registered Owner's duly authorized attorney, upon surrender of this Bond for transfer at the office of the Bond Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Bond Registrar duly executed by, the Registered Owner hereof or the Registered Owner's duly authorized attorney, and, upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, one or more fully registered Bonds of the series of the same principal amount, maturity and interest rate will be issued to the designated transferee or transferees. The Registered Owner of this Bond may be treated as the absolute owner hereof for all purposes. The Bonds of this series are issuable only as fully registered bonds without coupons in denominations of$5,000 or any integral multiple thereof not exceeding the principal amount maturing in any one year. As provided in the Resolution and subject to certain limitations therein set forth, the Bonds of this series are exchangeable for a like aggregate principal amount of Bonds of this series of a different authorized denomination, as 6 ��L requested by the Registered Owner or the owner's duly authorized attorney upon surrender thereof to the Bond Registrar. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed precedent to and in the issuance of this Bond have been done, have happened and have been performed in regular and due form, time and manner as required by law and that this Bond, together with all other indebtedness of the City outstanding on the date of its issuance, does not exceed any constitutional or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory for any purpose until the Certificate of Authentication and Registration hereon shall have been signed by the Bond Registrar. IN WITNESS WHEREOF, the City of Eagan, Minnesota, by its City Council, has caused this Bond to be executed in its behalf by the facsimile signature of the Mayor and by the facsimile signature of the City Clerk, all as of the Date of Original Issue specified above. Dated: April 1, 1998 (Facsimile Signature) Mayor Facsimile Signature) City Clerk Bond Registrar's Certificate of Authentication and Registration This is one of the Bonds described in the within mentioned Resolution and this Bond has been registered as to principal and interest in the name of the Registered Owner identified above on the registration books of the City of Eagan, Minnesota. Bond Registrar By Authorized Signature 7 �13 ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto (Please Print or Typewrite Name and Address of Transferee)the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Please insert Social Security Number Notice: The signature to this assignment or other identifying number of must correspond with ith the name as it appears Assignee on the face of this Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signatures must be guaranteed by a national bank or trust company or by a brokerage firm having membership in one of the major stock exchanges. 4. The Bonds shall be payable upon presentation at the office of U.S. Bank Trust National Association, in St. Paul, Minnesota, as Registrar and Paying Agent, or at the offices of such other successor agents as the City may hereafter designate upon 60 days' mailed notice to the registered owners at their registered addresses. Interest shall be paid by check or draft of the Registrar mailed to the registered owners at their addresses shown on the registration books on each interest payment date unless other arrangements satisfactory to the Bond Registrar the City and the registered owners of Bonds are made. The City shall deposit funds with the Bond Registrar at the time and in the manner necessary to provide for the full and prompt payment of such principal and interest. 5. The Bonds shall be prepared in typewritten or printed form under the direction of the City Clerk and when so prepared shall be executed on behalf of the City by the facsimile signature of the Mayor and by the facsimile signature of the City Clerk. The Bonds shall not be valid for any purpose until authenticated by the Bond Registrar. The Bond Registrar is authorized and directed to register the Bonds initially issued hereunder in such names as the purchaser may direct. The Bonds initially, issued hereunder shall be registered as of April 1, 1998, and all Bonds issued in exchange therefor shall be registered as of such date, or, if issued after the first payment date, as of the most recent interest payment date on which interest was paid or duly provided for. When the Bonds shall have 8 q y been so prepared and executed, they shall be delivered by the Finance Director in exchange for the purchase price and upon receipt of the signed legal opinion of Faegre &Benson, as Bond Counsel, and the purchaser shall not be required to see to the proper application of the proceeds. 6. (a) For purposes of this paragraph 6, the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Bond,the person recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co." shall mean Cede & Co.,the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "DTC" shall mean Depository Trust Company New York, New York. "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. "Representation Letter" shall mean the Blanket Letter of Representation from the City to DTC, substantially in the form presented to this meeting. b The Bonds shall be initially as separate arate authenticated fully P registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register of the City kept by the Registrar in the,name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under this Resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the registration books of the Registrar as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this Resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. The Registrar shall pay all principal of and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and [ � 9 T discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with subparagraph (f) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants, of the availability through DTC of Bond certificates.. In such event, the Bonds will be transferable in accordance with subparagraph (f)hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with subparagraph (f) hereof. (d) Notwithstanding any other provision of this Resolution apparently to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, to DTC as provided in the Representation Letter. (e) The execution and delivery of the Representation Letter to DTC by the Mayor or the City Clerk, in the form presented, with such changes, omissions, insertions and revisions as the officer executing the same shall deem advisable, is hereby authorized and execution of the Representation Letter by the Mayor or the Clerk shall be conclusive evidence of such approval. The Representation Letter incorporate by reference certain matters with respect to, among other things, notices, consents and approvals by registered owners of the Bonds and Beneficial Owners and payments on the Bonds. The Registrar shall have the same rights with respect to its actions thereunder as it has with respect to its actions under this Resolution. (f) In the event that any transfer or exchange of Bonds is permitted under subparagraph (b) or (c)hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar from the registered owners thereof of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of paragraph 7 hereof. 7. As long as any of the Bonds issued hereunder shall remain outstanding, the City shall maintain and keep at the office of the Bond Registrar an office or agency for the payment of the principal of and interest on such Bonds, as in this Resolution provided, and for the registration and transfer of such Bonds, and shall also keep at said office of the Bond Registrar books for such registration and transfer. Upon surrender for transfer of any 10 Bond at the office of the Bond Registrar with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's duly authorized attorney, and upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, the City shall execute and the Bond Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more fully registered Bonds of the same series, of any authorized denominations and of a like aggregate principal amount, interest rate and maturity. The Bonds, upon surrender thereof at the office of the Bond Registrar, may, at the option of the registered owner thereof, be exchanged for an equal aggregate principal amount of Bonds of the same maturity and interest rate of any authorized denominations. In all cases in which the privilege of exchanging Bonds or transferring fully registered Bonds is exercised, the City shall execute and the Bond Registrar shall deliver Bonds in accordance with the provisions of this Resolution. For every such exchange or transfer of Bonds, whether temporary or definitive, the City or the Bond Registrar may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. Notwithstanding any other provision of this Resolution, the cost of preparing each new Bond upon each exchange or transfer, and any other expenses of the City or the Bond Registrar incurred in connection therewith (except any applicable tax, fee or other governmental charge) shall be paid by the City. The City and the Bond Registrar shall not be obligated to make any such exchange or transfer of Bonds during the fifteen (15) days next preceding the date of redemption in the case of a proposed redemption of Bonds or to make any transfer during the fifteen (15) days next preceding any April 1 or October 1 interest payment date. 8. Interest on any Bond which is payable, and is punctually paid or duly provided for, on any interest payment date shall be paid to the person in whose name that Bond (or one or more Bonds for which such Bond was exchanged) is registered at the close of business on the 15th day of the month preceding such interest payment date. Any interest on any Bond which is payable, but is not punctually paid or duly provided for, on any interest payment date shall forthwith cease to be payable to the registered holder on the relevant regular record date solely by virtue of such holder having been such holder; and such defaulted interest may be paid by the City in any lam ful manner, if, after notice given by the City to the Bond Registrar of the proposed payment pursuant to this paragraph, such payment shall be deemed practicable by the Bond Registrar. Subject to the foregoing provisions of this paragraph, each Bond delivered under this Resolution upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond and each such Bond shall bear interest from such date that neither gain nor loss in interest shall result from such transfer, exchange or substitution. 9. As to any Bond, the City and the Bond Registrar and their respective successors, each in its discretion, may deem and treat the person in whose name the same for the time being shall be registered as the absolute owner thereof for all purposes and neither 11 the City nor the Bond Registrar nor their respective successors shall be affected by any notice to the contrary. Payment of or on account of the principal of any such Bond shall be made only to or upon the order of the registered owner thereof, but such registration may be changed as above provided. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. 10. The City hereby establishes an Ice Arena Fund(herein the "Ice Arena Fund")together with certain accounts therein for the purpose of accounting for revenues of the Project and the City's other ice arena facilities (the Project and such other facilities being referred to herein as the "Facilities"), reserves, expenses of operation and maintenance and the payment of the Bonds and any additional obligations issued hereunder. The Ice Arena Fund shall include a Bond Account and a Reserve Account. Prior to issuance of the Bonds the City shall allocate $129,050 to the Reserve Account, which the City may hold and invest as part of its Community Investment Fund, and, from available gross revenues, shall maintain a balance in the Reserve Account equal to the maximum amount of principal and interest on the Bonds and any additional obligations issued hereunder due in any year(the "Reserve Requirement"). From gross revenues of the Facilities, including all income and receipts of whatever nature from the ownership and operation of the Facilities, and from the Reserve Account if necessary, there shall be credited to the Bond Account on the first day of each month, an amount equal to one-sixth of the interest due in the next succeeding six-month period and one-twelfth of the principal due in the next succeeding twelve month period and, in any event, amounts sufficient to pay the principal of and interest on the Bonds and any additional obligations issued hereunder when due. After making the required payments into the Bond Account, all remaining revenues in the Ice Arena Fund shall be used to replenish the Reserve Account to the Reserve Requirement, for payment of the costs of operation and maintenance of the Facilities, for improvements, extensions, reconstruction or additions to the Facilities, and to redeem outstanding obligations payable from the revenues of the Facilities, or, to the extent authorized by the City Council, for any other lawful purpose. It is hereby estimated, found and determined that the said collections of gross revenues derived from the Facilities will be sufficient to pay when due principal of and interest on the Bonds, and with other funds derived from taxation or other sources, pay the costs of operation and maintenance of the Facilities. 11. The Bonds and any obligations hereafter issued payable from the revenues of the Facilities, to the extent authorized by this paragraph 11, shall be equally and ratably secured by a first lien on and pledge of the gross revenues of the Facilities, without regard to Bond series, serial numbers, order of execution or otherwise. The City shall have the right to issue additional obligations to be secured by a parity lien on and ratably payable from the gross revenues of the Facilities for the purpose of providing money for improvements or extensions to the Facilities of the City and additional ice arena facilities if the Reserve Account is funded to the Reserve Requirement and if the net revenues from the Facilities (gross revenues less operation and maintenance expenses exclusive of interest charges and depreciation) for the two preceding fiscal years at least equaled 125% of the average amount of annual principal and interest on the Bonds and any then outstanding obligations previously 12 issued under this paragraph. Without regard to the limitations provided by paragraph 10 and this paragraph 11, the City may issue bonds payable from the gross revenues of the Facilities: (a) for the purpose of refunding the principal of all Bonds outstanding; or (b) for the purpose of refunding the principal of and interest on outstanding Bonds not paid when due for lack of available gross revenues. So long as any of the Bonds are outstanding, the City covenants with and for the benefit of each Bondholder that: (a) The City will establish, maintain and collect such charges of the nature authorized by Sections 471.15 to 471.191, Minnesota Statutes, at the times and in the amounts necessary so that the gross revenues of the Facilities will be sufficient to make the required payments into the Bond Account, and, together with amounts raised from taxes or other appropriations, also sufficient to pay the costs of operation and maintenance of the Facilities. (b) The City will continue to own, operate and maintain the Facilities of the City as a revenue- producing facility as part of a program of public recreation free from all liens on the property thereof and income therefrom other than the liens herein described or provided. (c) The City will use its best efforts to comply with all applicable laws and regulations of the United States of America and the State of Minnesota and each department and agency thereof, including laws and regulations relating to public health. The City will continue to use and operate the Facilities to the extent such use and operation is not prohibited by court order or regulation, but the City may contest the validity or applicability of any law or regulation so long as the Facilities are not thereby subject to unreasonable penalties or risk of damage or forfeiture. The City shall construct the improvements or extensions ultimately determined to be necessary to comply with applicable laws or regulations so that the Facilities may be used and operated as a revenue-producing utility, and the City may issue additional obligations secured by a parity lien on and ratably payable from the gross revenues of the Facilities, to the extent provided in this paragraph 11, for the purpose of providing money for said necessary improvements or extensions. (d) In order to insure the efficient and economical operation of the Facilities and the proper maintenance thereof, the City will provide for and insure the employment of experienced personnel to operate and maintain the same. The compensation of such personnel is deemed an operating expense. (� 13 C (e) The City will not sell, mortgage or in any manner dispose of the Facilities or any part thereof, including any and all extensions and additions that may be made thereto, until all of the Bonds have been paid in full; provided, however, that the City may sell the same if there is, simultaneously with the sale, deposited with the Registrar for the Bonds the amount necessary to retire all of the outstanding Bonds payable from Facilities revenues including interest to accrue to the date when the Bonds are called for payment. This covenant is not to be construed to prevent the sale by the City at fair market value of real estate, equipment or other non-revenue producing properties which in the judgment of the City have become unnecessary, uneconomical or inexpedient to use in connection with the Facilities, provided there is no material reduction in gross revenue as a result thereof. (f) The City will provide for and procure and keep in force insurance on the Facilities of a kind and in an amount which would normally be carried by private companies in a like business, including public liability insurance, with an insurer or insurers in good standing in the State of Minnesota; and it will provide for the keeping in full force and effect fiduciary bonds on employees in charge of the Facilities. In the event of any loss, the proceeds from such insurance (including liability insurance) or bonds will be used to make good such loss or to repair or restore the Facilities. Insurance premiums are to be paid as a cost of operation of the Facilities. (g) The City will keep proper books, records and accounts, relating to the operation of the Facilities separate from other accounts of the City and cause such books, records and accounts to be audited at the end of each fiscal year by independent (outside) certified public accountants. The expense of preparing such audit may be paid as a current operating expense of the Facilities. (h) To the extent authorized by law, the City will annually prior to September 1 of each year estimate the gross revenues of the Facilities available for operation and maintenance of the Facilities in the next ensuing calendar year. If that estimate shows a deficiency in gross revenues available for operation and maintenance of the Facilities in that ensuing year(including any unpaid costs of operation and maintenance incurred in the prior year and not budgeted to be paid from gross revenues of the Facilities in the current year), the City Council will: (i) adjust the rates and charges for the use of the Facilities to cover the deficiency, (ii)provide for transfer of funds from other available sources to cover the estimated deficiency, (iii) levy, within the limitations of applicable law, the taxes necessary to fund any estimated deficiency in the ensuing year, or(iv) any combination of the actions described in the subparagraphs (i), (ii), and (iii); provided, however, that the City may, but shall not be required to, fund such deficiency in any year beyond the amount budgeted for such year. 14 (i) The City shall construct the Project substantially in accordance with the plans and specifications heretofore approved no later than December 31, 1998. 12. The provisions of this Resolution constitute a contract between the City and the holder or holders of the Bonds, and after the issuance of the Bonds, no change, variation or alteration of any kind in the provisions of this Resolution may be made in any manner, until such time as all of the Bonds and interest have been paid in full. However, the holders of 50% in principal amount of the Bonds outstanding at any time shall have the right to consent to and approve the adoption of resolutions or other proceedings modifying or amending any of the terms or provisions of this Resolution, except that without the consent of 100% of the holders of outstanding Bonds this Resolution may not be modified or amended in any manner that may adversely affect the rights of holders of less than all of the Bonds then outstanding, or reduce the percentage of the number of holders whose consent is required to effect a further modification. 13. In the event of any default, the holders from time to time of the Bonds have all the remedies, powers and privileges granted by the laws of the State of Minnesota for the enforcement of their rights and for the collection of the principal and the interest due thereon. The holders of 50% or more in aggregate principal amount of Bonds at any time outstanding may, in the event of default, declare all outstanding Bonds to immediately due and payable. The holders of 20% or more in aggregate principal amount of Bonds at any time outstanding may, either at law or in equity, by suit, action or other proceeding, protect and enforce the rights of all holders of Bonds then outstanding, or enforce or compel the performance of any and all of the covenants and duties specified in this Resolution to be performed by the City or its officers and agents, including the fixing and maintaining of rates and charges and the collection and proper segregation of revenues and the application and use thereof. 14. The City Clerk or Administrator is authorized and directed to prepare and furnish to the purchaser and to the attorneys approving the Bonds, certified copies of all proceedings and records relating to the issuance of said Bonds and to the right, power and authority of the City and its officers to issue the same, and said certified copies and certificates shall be deemed the representations of the City as to all matters stated therein. 15. The form of Official Statement relating to the Bonds, on file with the City Clerk and presented to this meeting, is hereby approved and its designation as a"near final" Official Statement for purposes of Rule 15c2-12 of the Securities and Exchange Commission and the furnishing thereof to prospective purchasers of the Bonds are hereby ratified and confirmed, insofar as the same relates to the Bonds and the sale thereof. The Continuing Disclosure Certificate in substantially the form included in the Official Statement shall be executed by the Mayor and City Clerk and shall constitute a contractual obligation of the City. 15 S/ 16. The officers of the City are hereby authorized and directed to prepare and garnish to the Secretary of the Treasury a statement meeting the information reporting requirements of Section 149(e) of the Internal Revenue Code of 1986, as amended (the "Code"), by the 15th day of the second calendar month after the close of the calendar quarter in which the Bonds are issued. 17. The City shall not take or permit any action that would cause the Bonds to be "private activity bonds"within the meaning of Section 141 of the Code. The City shall comply with the rebate requirements imposed under Section 148(f) of the Code and regulations thereunder, including (if applicable)the requirement to make periodic calculations of the amount subject to rebate thereunder and the requirement to make all required rebates to the United States. The City Clerk or Administrator of the City is hereby authorized to make on behalf of the City all elections that he may deem necessary and expedient under Section 148(f) of the Code. In addition, the City shall make no investment of funds that would cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code and regulations thereunder. All terms used in this paragraph 17 shall have the meanings provided in the Code and regulations thereunder. 18. The Bonds are hereby designated "qualified tax exempt obligations" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986. 19. The City Clerk shall furnish a certified copy of this resolution to the County Auditor of Dakota County, and obtain the County Auditor's certificate as required by law. The motion for the adoption of the foregoing resolution was duly seconded by Member upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 16 5cz STATE OF MINNESOTA ) COUNTY OF DAKOTA ) SS. CITY OF EAGAN ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Eagan, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of the City Council of said City held April 7, 1998 with the original thereof on file and of record in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to the issuance and sale of$1,565,000 Ice Arena Gross Revenue Bonds, Series 1998B of said City. WITNESS My hand officially and the seal of the City this_of April , 1998. City Clerk City of Eagan, Minnesota (Seal) M1:035763103 17 s3 Agenda Information Memo April 7, 1998 Eagan City Council Meeting H. RAHN PARK TENNIS COURTS, CONTRACT 98-04 ACTION TO BE CONSIDERED: To reject all bids for Contract 98-04,the repair of the Rahn tennis courts, and authorize staff to serve as construction managers for the project. FACTS: ■ Repairs of the Rahn tennis courts is necessitated because of structural defects ■ Funding for the repair has been budgeted from the Park Site Fund and was part of the 1998 C.I.P. for parks previously approved by the City Council. ■ Bids were solicited and were opened and read aloud on March 16, 1998. ■ Four companies submitted bids ■ The low bid of$68,416.60 exceeded the budget for the project ■ With staff serving as construction manager and utilizing in-house labor for the demolition and base preparation the estimated cost is within the budget. ■ Construction would not begin until after June 1, 1998 to avoid conflict with school use of the courts. I:\33b\rahn park tennis courts 091 sy Agenda Information Memo April 7, 1998 Eagan City Council Meeting I RESOLUTION OF SUPPORT, I-35E BRIDGE REPLACEMENT ACTION TO BE CONSIDERED: Approve a resolution of support for the expansion of the 1-35E Bridge over the Mississippi River and authorize the Mayor and City Clerk to execute all related documents. FACTS: • MnDOT has determined that the I-35E Lexington Ave. Bridge over the Mississippi River will have to be replaced by 2002 due to structural deterioration of its substructure. • The MnDOT 20 year Transportation System Plan (TSP) and the Metropolitan Council's Transportation Policy Plan (TPP) have identified and support this needed improvement as well as the expansion of this bridge and the I-35E corridor from Hwy. 110 to Hwy 5 to accommodate a third lane in each direction along with special provisions for transit and bicycle/pedestrian ways • MnDOT's program has identified the need for the bridge replacement for 2001-2005 and the expansion for 2011-2020. While the preferred design alternatives (#4 and #3) being presented do not include the ultimate third lane, they do provide for all the other needs as well as a foundation design that can accommodate a future widening to the ultimate design needs. • MnDOT is presently conducting several public information and input meetings in the South Metro area. There has been a strong organized resistance from the City of St. Paul and its Legislators to only replace the bridge to its current substandard width (2 lanes each way with inadequate safety shoulders, no pedestrian way, no accommodations for HOV transit use and substandard entrance/exit lanes). • Dakota County has been helping to organize and inform the Northern Dakota Communities about the need to inform MnDOT about our concerns and desires to accommodate the expansion needs of this bridge and related corridor at this time. I- 35E provides a vital commuter link for access to the State Capitol as well as for the work force entering Dakota County. • The attached Resolution is a sample that is being provided to all Dakota Communities for adoption showing their support. ATTACHMENTS: • Resolution,pages„��and,59 . • MnDOT News release, page . • MnDOT TSP info sheet, page S RESOLUTION SUPPORTING THE I-35E BRIDGE REPLACEMENT AND EXPANSION WHEREAS, the Minnesota Department of Ttransportation (MnDOT) has determined that the condition of the I-35E Lexington Avenue Bridge requires that the Bridge be reconstructed beginning in 2002; and WHEREAS, the I-35E Lexington Avenue Bridge was opened in December 1965 and will be 37 years old by the time of reconstruction in 2002; and WHEREAS,the I-35E Lexington Avenue Bridge is an integral part of the regional highway system, interlinking Dakota County,the City of St. Paul and the eastern portions of the Metropolitan Region; and WHEREAS,traffic using the I-35E Lexington Avenue Bridge has grown from 16,700 vehicles per day to 72,000 vehicles per day(331 percent)in the last twenty years and is expected to grow to over 115,000 vehicles per day over the next 20 years;and WHEREAS,in addition to the structural deterioration of the I-35E Bridge, the existing two-lane structure with minimal capacity for merging vehicles and minimal shoulders that provide no room for stalled vehicles does not meet current safety standards and is inadequate to serve even existing traffic demands without reaching unacceptable levels of congestion (Level of Service E or F); and WHEREAS,congestion as the result of inadequate capacity on the I-35E Lexington Avenue Bridge imposes significant losses to the regional economy and adverse environmental impacts; and WHEREAS,the existing I-35E Lexington Avenue Bridge discourages transit use that could reduce single occupant vehicle use in the I-35 corridor and is inadequate to promote interconnection of transit opportunities that will be provided by the Riverview Transit Corridor proposed by the City of St.Paul and Ramsey County and supported by Dakota County; and WHEREAS,the existing I-35E Lexington Avenue Bridge does not provide bikeway or pedestrian access to connect regional parks and trails on either side of the Bridge; and WHEREAS,the Transportation System Plan for the MnDOT's Metro Division identifies the I-35E Lexington Avenue Bridge and the I-35E corridor from TH 5 to TH 110 as in need of expansion and improvement before 2020; and WHEREAS, in addition to providing for the physical integrity of the I-35E Lexington Avenue Bridge,the Minnesota Department of Transportation has identified its concerns with improving the traffic flow on the Bridge; and WHEREAS,the reconstruction of the I-35E Lexington Avenue Bridge to improve both the physical integrity and flow of traffic on the Bridge is consistent with key policy directions in the Metropolitan Council's Transportation Policy Plan,including: • Replacing and improving the existing highway system by removal of bottlenecks and bridge replacement; • Improving the transit system by developing the transitway network; and • Expanding highway capacity, with the TH 5 to TH 110 segment of I-35E identified as an expansion corridor. and; WHEREAS, the expansion and improvement of the I-35E Lexington Avenue Bridge does not contemplate any changes to I-35E north of TH 5,nor with the City of Eagan advocate any such changes as part of the project. �� NOW,THEREFORE,BE IT RESOLVED,That the City of Eagan supports alternates 4 and 3 for the improvement and expansion of the I-35E Lexington Avenue Bridge beginning in 2002 consistent with projections for future travel demand for the regional highway system,of which the Bridge is an integral part; and BE IT FURTHER RESOLVED, That the City of Eagan strongly encourages the Minnesota Department of Transportation to design the I-35E Bridge Lexington Avenue Bridge replacement project consistent with the identification of the TH 5 to TH 110 corridor, including the I-35E Lexington Avenue Bridge, for expansion and improvement; and BE IT FURTHER RESOLVED, That the City of Eagan strongly encourages the Minnesota Department of Transportation to include provisions for: • Transit; • Bicycle and pedestrian crossings and interconnections with regional and local trail systems; • Adequate entrance, exit and merge lanes to improve traffic movement; and • Full-width shoulders to improve traffic safety, incident management, and maintenance; and • Expansion to the ultimate design capacity to minimize future costs as elements of the improvement and expansion project; and BE IT FURTHER RESOLVED,That the City of Eagan strongly encourages the members of the Dakota County Legislative Delegation to join the City of Eagan in supporting the improvement and expansion of the I-35E Lexington Avenue Bridge consistent with the needs of the regional transportation system,of which the Bridge is an integral part. DATED this 7th day of April, 1998 Thomas A. Egan,Mayor ATTEST: E.J. VanOverbeke, City Clerk CERTIFICATION State of Minnesota County of Dakota City of Eagan I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution presented to and adopted by the City Council of Eagan at a duly authorized meeting thereof held in the City of Eagan,Minnesota,on the 7'day of April, 1998,as disclosed by the records of said City in my possession. E.J. VanOverbeke, City Clerk G.RESOLUTIONS/1-35E Bridge Minnesota DepartmenrOTTransportation News Release Metro Division Phone: 612/582-1000 1500 County Road B2 West Roseville MN 55113 March 10, 1998 CONTACT: FOR IMMEDIATE RELEASE Mukhtar Thakur, Preliminary Design Engineer (612) 582-1169 Larry Phillips, Project Manager (612) 582-1297 Kent Barnard, Public Affairs Coordinator (612) 582-1363 INFORMATIONAL MEETINGS SCHEDULED NEXT MONTH TO DISCUSS PLANS FOR INTERSTATE 35E BRIDGE OVER THE MISSISSIPPI RIVER (Roseville, Minn.) -- Citizens concerned about the future of the Interstate 35E bridge over the Mississippi River are invited to attend either or both of two informational open houses scheduled next month in St. Paul and Mendota Heights. The first open house is scheduled from 2 to 6 p.m. on Tuesday, April 7 at the Mendota Heights City Hall, 1101 Victoria Curve in Mendota Heights. There will be a brief presentation at 4:30 p.m. The second open house is set from 2 to 6 p.m. on Thursday, April 16 at the Jewish Community Center, 1375 St. Paul Avenue in St. Paul with a short presentation at 2 p.m. Representatives from the Transportation Department will be on hand to explain the proposed project and answer any questions. The I-35E Lexington be links St. Paul with the southeastern Twin Cities Metropolitan area. The Minnesota Department of Transportation Metro Division is currently looking at a number of possible alternative plans for reconstructing the existing bridge, which is reaching the end of its useful life. Some of the alternatives were reached after discussions with the community groups and stakeholders involved. Working with the cities, counties, businesses and local citizens, Mn/DOT hopes to begin construction by the year 2001 with completion estimated in the fall of 2004. The department also is exploring issues of customers who are not always brought in to the planning and predesign process. s� tu1 rr nrr I-35E CORRIDOR: Trunk Highway 110 to Trunk Highway 5 Investment Goal: Expansion Investment Timing: Short-Term (bridge) Long-Term (capacity) Background/Issues: This segment of 1-35E serves the south sector, one of the fastest growing commercial and residential sectors in the metropolitan area. It is also an important link for people and freight traveling to and from the south sector of the metropolitan area and the St. Paul downtown and northern St. Paul suburbs. I-35E extends south of TH 110 through Dakota County and connects to I-35W/I-35 south of the Minnesota River. The highway drops from six to four lanes at TH 110, causing major peak-period delays. This congestion is compounded by the fact that speed limits are reduced to 45 MPH in the 1-35E Parkway north of TH 5. Traffic volumes are increasing, due principally to new urban development in the Cities of Eagan,Apple Valley, Burnsville, and Lakeville. Other issues in the corridor include geometric, pavement, and bridge deficiencies (Lexington Bridge shoulders and fracture critical status). Safety issues are also occurring between TH 13 and TH 5 on the bridge and the approaches to the bridge. The condition of the Lexington Bridge is driving the short-term status. Capacity Need: Add the equivalent of one lane in each direction. Strategies: C�51 Undertake a Major Investment Study (1997-2000) with local governments and the regional agencies to determine mode and scope of the expansion strategy to address the issues identified in the corridor. Work with the Cities of Eagan, Mendota, Lillydale,Apple Valley, Burnsville, St. Paul, and Lakeville to identify and implement additional TSM and TDM strategies to improve traffic flow and address safety issues. 6-42 Chapter c s-- Agenda Information Memo April 7, 1998 Eagan City Council Meeting CONSENT AGENDA . MN AUTO THEFT PREVENTION PROGRAM GRANT ACTION TO BE CONSIDERED: To formally accept the $49,300 grant awarded the City of Eagan by the Minnesota Auto Theft Prevention Program. FACTS: • The Eagan Police Department has taken over 920 motor vehicle theft reports since 1992. • This grant will allow the Eagan Police Department to target this activity through the use of specialized equipment and saturation patrols. • There are no matching funds required from the City. ATTACHMENTS: • Resolution -,0Qj( / • Informative Letter/Sgt. Jim McDonaldf 10VAVS 94A-63 60 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT Be it resolved that The Eagan Police Department enter into a cooperative agreement with the State of Minnesota for the project entitled Minnesota Auto Theft Prevention Program during the period from 7/1/98-7/1/99 . Chief of Police Patrick J. Geagan is hereby authorized to execute such agreements and amendments, as are necessary to implement the project on behalf of The Eagan Police Department I certify that the above resolution was adopted by the The Eagan City Council of The Cfty of Eagan on April 7, 1998 SIGNED: WITNESSETH: (Signature) (Signature) (Title) (Title) (Date) (Date) C� police department PATRICK GEAGAN Chief of Police RICHARD SWANSON cityof eogon Captain Patrol&investigation JAMES SEWALD Captain Administration 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN, MINNESOTA 55122-1897 Mayor PHONE: (612)681-4700 TDD: (612)454-8535 PATRICIA AWADA FAX: (612)681-4738 SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES Date: March 18, 1998 City Administrator E.J.VAN OVERBEKE To: Chief Patrick Geagan City Clerk From: Detective Sergeant James S. McDonald Reason: Auto Theft Grant Chief Geagan, As you know, auto theft is crime that occurs very frequently across the United States. Consequently, the citizens of Eagan have not been spared. Since 1992, the Eagan Police Department has taken over 920 motor vehicle theft reports. Generally, it has been very difficult to catch criminals in the act of committing auto theft. The crime seems to be an act of opportunity and is sometimes associated with juveniles. However, one recent case revealed a network of sophisticated criminals where automobiles were being stolen and taken to a"chop shop" where the cars are later disassembled and sold for parts. The case I am referring to involved the arrest of numerous suspects who utilized a"chop shop" in Eagan. Pending City Council approval, our department has been awarded a grant from the Minnesota Auto Theft Prevention Program for $49,300.00. The funds need to be dispersed in the following manner: • $10,000.00 has been awarded to lease a popular vehicle for thieves to steal. This vehicle, or bait car, will purposely be left in areas of the city where auto theft is common. • $1,300.00 has been awarded to purchase tracking equipment which would be installed in the bait car. Currently, the technology used utilizes satellites which can track the vehicle anywhere in the world. Further, once law enforcement is in a le/7c:21 THE LONE OAK TREE . . .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer position to make an arrest of the suspects while they are in the vehicle, this same technology can be employed to disable the car while it is being driven down the road. • $2,000.00 has been awarded to install audio and visual recording equipment to record the conversations and actions of the suspects while they are in the car. • $34,000.00 has been awarded for overtime. • $2,000.00 has been awarded for producing and mailing educational flyers to the public. The effective date of the grant is July 18, 1998. The grant will reimburse the city for the $49,300.00 and provide a 25% advancement to start the program. This advancement can be expected after July 1, 1998 and approximately two weeks after the advancement is requested by the city. Other than reimbursement, the grant does not ask for any other financial commitment from the city. It should be noted, the administrators of the grant will reimburse the city on a quarterly basis. The dates for reimbursement are 9/30/98, 12/-)1/98, .-)/31/99, and 6/30/99. The department will receive a letter granting final approval. Copies of an agreement will be enclosed which need to be signed by department officials and returned with the city council's resolution. If you feel the citizens of Eagan would benefit from this grant, please secure city council approval and let me know the outcome at your earliest convenience. Respectfully, ; /)��-,*)s Detective Sergeant James S. McDonald #15 Eagan Police Department � 3 Agenda Information Memo April 7, 1998 Eagan City Council Meeting K. REQUEST FOR PUBLIC HEARING CERTIFICATION OF DELINQUENT UTILITIES—MAY 5, 1998 ACTION TO BE CONSIDERED: To schedule a public hearing for Tuesday, May 5, 1998 to consider certification of delinquent utilities to the property tax rolls. FACTS: • On a semi-annual basis, the City considers certification of delinquent utility accounts to property tax bills for payment. At the present time,there are 336 outstanding accounts representing a total value of$53,672.09. • Details concerning delinquent accounts will be provided at the time of the public hearing. 6 � Agenda Information Memo April 7, 1998 Eagan City Council Meeting L FINAL PLAT (WOHLERS ADDITION) ACTION TO BE CONSIDERED: To approve the Final Plat for Lot 1, Block 1, Wohlers Addition, located at 3345 Lexington Avenue in the SE Quarter of Section 10. FACTS: • Late last year, the City Council approved a rezoning of the property formerly owned by the Ketchams from Agricultural to Limited Business to allow for the existing single family home to be converted to office use. The property is unplatted and the applicant is applying to plat the property as Lot 1, Block 1, Wohlers Addition. ATTACHMENTS: (1) // • Final Plat drawing on page(�b 6� o. 0. $ 211 mE o ^c F? 3 $"g'$ C O 13 0 • fi a a ° &e F 28 s 8 $g$ �9 E= E OP SBSo" x 'ga �S 2. g€y€ss of �� Q .. 04 a =-off �� Z. U. $ r.r; `g gug ao at.12 A uyCD l W „ I ° as E W 20 1 W Li ........ —....... 8 i IO'S9! M f.f7.05 y (3nN3AY NL1aww37) ^ L I •ON .crAV4_'VH GIV 3Lrls Nnoo En _- -�---- co w ---- O -- ------------------ --L--- o LE — 8 i N _ I ♦ I 8 .��z�� � � c� � 9in Qt o o o 1 H SF ' W J i9 fO W { p I ` n� ct.6-d''jr d..° 1 ro7 aMs/°e..v J...VI«.$+v7�' •� a«v ro nyonp I+.•VI^.5 w7 m i»�.sr Im3 w/w+.,v Ic.M �;�: -�—Z—s Agenda Information Memo April 7, 1998 Eagan City Council Meeting M. STREET NAME CHANGE (NORTHWOOD DRIVE) ACTION TO BE CONSIDERED: To approve a public street name change from Northwood Drive to Northwood Parkway located north of Denmark Avenue and west of Lexington Avenue. FACTS: • The internal private street serving the Promenade Oaks Apartments was inadvertently named "Northwood Drive" resulting in two Northwood Drive and Promenade Avenue intersections and an intersection of Northwood Drive and Northwood Drive. • The public street portion of Northwood Drive proposed to be changed to Northwood Parkway currently has no existing structures addressed off it so changing the name of this portion of Northwood Drive is less cumbersome than changing the name of the private street named Northwood Drive with all the individual apartments currently addressed off it. ATTACHMENTS: (1) • City street map on page . 6 � I 1 11 — — co ui -J LLJ (A rn CLUBVIEW DR. 0 A OWERVIE RD. z 0 RD. U.S. POST OFFICE < j .Q=UARRY'- cr- z ck: 0 C-- < RD. GE OINI ONS x PA ui JURDY "A 0 5TE DRIVE < ci 0 RThj,0oD w X DR. C5 M 0 z ARICE z x/ 0 a ;o z Ui CIL M R 0 00 X V) cr �NA*o N RW S PROPENADE PL. C-) z YANKEE DOODLE ROAD 31st YANKEE PL. ol -'ST 10 DR. TOWN C/ 0 op.. ocr jlcw <� l.- TAMAfAC PT- 4.- FOREST RIDGE TR. F'VIEW 2.- BIRCH PT- 5-- RoNWOOtLt-EARY PARK 3._ NORA Y PT. 6 - PT. 74- SPRU 0"L A < L A < 2 -1— y- BLUE z 2 M < TR. DUCK ui ui z 3: 100D V) 0 z <�- — > 4 DUCKWOOD DR. 4M no 4w 4M ow 4w 1 6�lft KINGLET HUMMI I ui IIE orQT CT. i:�014 [ST. FRANCIS CRESTRIDGE LA. CR SR AY M c '8�,qs- KER $ V - 0 0-1- JAY WA U ui N 0 IV L) W OA Agenda Information Memo April 7, 1998 Eagan City Council Meeting N. FINAL SUBDIVISION (EAGANDALE CORPORATE CENTER NO. 4) ACTION TO BE CONSIDERED: To approve the Final Subdivision for Eagandale Corporate Center No. 4 consisting of two lots located north of Yankee Doodle Road and east of Discovery Road in the SW Quarter of Section 11. FACTS: • All documents have been signed and are in order for execution at the regular City Council meeting on April 7, 1998. ATTACHMENTS: (1) • Final Plat drawing, page �10 . 69 Li I I gn I I g$ I Qz t I Z z M�y'�0�.p{•�:.�.Li.muco. I � �/ E R•pypy aa W Z • �=s Q P N I � I �I U y y • E � •8 I ��� I Ss I'a� I SO se vP' 4 Cj i T Q •Eg £R Ed •$ II U Bi > fr �� I =_gib O4rco In I O I L!J n j c= =s m I 1 UR>r� rA � ••.r I i --------------- 1' W D'a! n vi=� �R�i SQN'STw 8 Rv..v -n Ca I Q I I I I I I I r o € I _ re I Li Ly � I I - - - - -- - ------- - RCAO N0. 43 ..a.. , . n. . I a 90 Agenda Information Memo April 7, 1998 Eagan City Council Meeting O. CORRECTION TO FEBRUARY 24, 1998 SPECIAL CITY COUNCIL MINUTES ACTION TO BE CONSIDERED: To approve the correction to the February 24, 1998 Special City Council minutes. FACTS: • The February 24, 1998 Special City Council minutes were approved at the March 17, 1998 regular City Council meeting. The section requesting clarification on direction given by the Council regarding use of revenue from the rental of a cellular tower on a water reservoir for Holz Farm Park was inadvertently omitted and is included at this time for approval. The paragraph that was added to page 6 of the minutes is highlighted. ATTACHMENTS: !� • Page 6 of February 24 Special City Council minutes attached on page /� Page 6/Eagan Special Council Meeting Minutes February 24, 1998 City Councilmember Masin stated that she would like to schedule the Country Home Heights street improvements on a future agenda for consideration. There was no official action taken; however, City Councilmembers did briefly discuss the difficulty in gaining consensus on how the County Home Heights project should be improved. 'he City Administrator Hedges asked four''clan#icatron`on drrecticin that was given at the February 3`d Regular City:Council°meeting for."use of revenue from the rental ofa emllularower.on a waier reservoir for Holz Farm 'ark. He-fated that direction Ys ziecessary as tc�how and when revenues.are to be trarisferre i to the Fnends c�fthe Farm for',,'erious operational and capital:costs associated with Holz Farm Park 'City Councilmembers dated that it is,their :: intention to approve a transfer in the amount ofone year' re ctal on one tower site from tie 'uUlic Utilities Fund or the General Fund,and that reiienue will be appropriated to-prci�ring the Holz Farm,Park;through the'Parks` rrd Recreation Department budget: erc;was further elanfrcat on by the City Council that-,#tie Friends of the Fariri organ z tion.would be asked to ;.; partrcipaie in-the preparai%od ofthe budgei request.as ri relates to one specific program. The City Administrator stated that the,annual rental on a site rs appro'x%mately,$12,604 aiid questioned vhe#her the money should be used for programnvng t�r'caprtal ciists --City Councilmembers expressed an°ivaten#ion that the moiacy be;used fear prc�gramng ung not for capital projects., ADJOURNMENT There being no further business,the meeting was adjourned at approximately 8:15 p.m. Date City Clerk Agenda Information Memo April 7, 1998 P. CONTRACT 98-08, DONNYWOOD & EVERGREEN PARK ADDITIONS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: To approve the plans for Contract 98-08 (Donnywood and Evergreen Park Additions - Street Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, April 30, 1998. FACTS: • Contract 98-08 provides for the resurfacing of the bituminous streets within the Donnywood Addition, High Site Drive, Evergreen Park Addition, and Carlson Acres as outlined and discussed in the feasibility reports for Projects 727 and 728. • On March 2, 1998, the City Council held Public Hearings for Project 727 and 728. After hearing presentations and comments from some of the affected property owners within the Donnywood and Evergreen Park Neighborhoods, the council approved the projects and authorized the preparation of detail plans and specifications under one contract. • 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. Q CONTRACT 98-03, OAK CHASE ADDITIONS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: To receive the bids for Contract 98-03 (Oak Chase Additions — Street Improvements), award the contract to McNamara Contracting, Inc., for the Base Bid in the amount of$217,422.50 and Alternate No. 1 in the amount of$170,473.50, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On December 16, the City Council authorized the reconstruction of the streets within Oak Chase 1St, 2nd, 3Td, and 5th Additions and directed the preparation of detailed plans and specs. • On March 2, the Council approved these plans and authorized the advertisement for solicitation of competitive bids. At 10:30 a.m. on April 2, formal bids were received for this project. A copy of the bid tabulation is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and arithmetic. The low bid from McNamara Contracting, Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid Recommendation,pages and �23 3 Y city of eagan THOMAS EGAN Mayor MEMO PATRICIA AWADA BEA BLOMQUIST SANDRA A.MASIN THEODORE WACHTER Date: April 2, 1998 Council Members THOMAS HEDGES To: Honorable Mayor and City Council Members City Administrator E.J. VAN OVERBEKE From: Russ Matthys, City Engineer City Clerk John Gorder, Design/Development Engineer Subject: Oak Chase 1'`, 2"d,3`d, 4u',5`'Additions Street Reconstruction City Project No. 725 City Contract No. 98-03 Bids were opened at 10:30 a.m. on Thursday, April 2, 1998 for the above-referenced project. Out of six bids received, the low bidder for the project was McNamara Contracting, Inc. A summary of the bids received is as follows: Alternate No. 1 Contractor Base Bid Street Reclamation 1.)McNamara Contracting $217,422 $170,473 2.)Bituminous Roadways $236,925 $188,460 3.)Northwest Asphalt $241,094 $184,716 4.) Valley Paving $241,613 $190,474 5.)Frattalone Paving $260,720 $202,708 6.) Vi-Con $277,315 $208,895 The following summarizes the results of the low base bid versus the preliminary feasibility report estimates: Preliminary Low Reuort Base Bid Deviation Bituminous Street Reconstruction $234,325 $180,265 -23.1% Repair Concrete Curb&Gutter $49,660 $22,267 -55.2 % Subgrade Correction $8,190 $8,790 +7.3 % Storm Sewer Improvements $2,200 $5,350 +143.2% Utility System Improvements $11,880 750 Totals o MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNTY 3501 COACHMAN POINT EAG EAGAN,MINNESOTA 55122-189J EAGAN,MINNESOTA 55122 PHONE:(612)681-4600 PHONE (612)681-4300 FAX:(612)681-4612 Equal OAportunity Employer FAX (612)681-4360 TDD:(612)454-8535 _/-Al TDD:(612)454-8535 An alternate bid was also received for the Bituminous Street Reconstruction part which allows for the reclamation of existing bituminous surfacing and aggregate base for re-use of aggregate base on the project. The project specification allows for the substitution of this alternate bid for the Bituminous Street Reconstruction bid in the base bid. Based on the alternate bid substitution, the low bidder for the project was again McNamara Contracting, Inc. The following summarizes the results of the low bid, with the alternate bid included, versus the preliminary report estimates: Preliminary Low Report Alt.Bid Deviation Bituminous Street Reconstruction $234,325 $170,473 -27.3% Repair Concrete Curb&Gutter $49,660 $22,267 -55.2% Subgrade Correction $8,190 $8,790 +7.3 % Stone Sewer Improvements $2,200 $5,350 +143.2% Utility System Improvements 11 880 $7750 -93.7% Totals $311,255 $207,630 -33.3% Favorable bids for this project are likely due to the competitive bidding climate at this time of year. With their favorable bid received, it is recommended to award the contract to the low bidder, McNamara Contracting, Inc. of Apple Valley, including the alternate bid utilizing the reclamation of existing materials. The alternate bid will result in cost savings of approximately $10,000 over the base bid. McNamara has completed numerous similar projects within the City of Eagan in the past years. They have provided quality work on these past projects and have maintained a professional business relationship with the City. If the contract is awarded by the Council, the following construction schedule is anticipated: Begin Construction May 26, 1998 Substantial Completion August 15, 1998 Agenda Information Memo April 7, 1998 Eagan City Council Meeting R BLACKDOG WATERSHED COMMISSION REPRESENTATIVE ACTION TO BE CONSIDERED: Ratify the appointment of Jo Colleran(Apple Valley Natural Resources Coordinator) as the full commissioner representing the Cities of Eagan and Apple Valley on the Blackdog Watershed Commission. FACTS: • The Blackdog Watershed Commission incorporates portions of Eagan, Apple Valley, Lakeville, Savage and Burnsville. According to the Joint Powers Agreement establishing this commission, the cities of Eagan and Apple Valley combined are entitled to one Commissioner and one alternate on the Board of Commissioners. • Due to Apple Valley's greater drainage area and waterbodies directly affected, it was originally agreed that Apple Valley would assume the full commissioner's position and Eagan would assume the alternate. • Recently, Apple Valley's designated representative (Public Works Director Dennis Miranowski)resigned. In accordance with the terms of the Joint Powers Agreement, notices were placed in the legal newspaper of both communities soliciting interested applicants. The only response came from Apple Valley's Natural Resource Coordinator who is being recommended by Apple Valley as their oficial replacement. • The City of Eagan's alternate commissioner's representation is being fulfilled by Eagan's Public Works Director who concurs with this replacement recommendation �6 Agenda Information Memo April 7, 1998 Eagan City Council Meeting S. PROJECT 717R COUNTRY HOME HEIGHTS ACTION TO BE CONSIDERED: Receive a petition and schedule a Public Hearing for May 5, 1998 for Project 717R(Country Home Heights—Street Improvements) FACTS: • Country Home Heights is a residential subdivision located north of Lone Oak Rd. and East of Pilot Knob Rd. consisting of 69 lots abutting substandard gravel streets. • On March 24, City staff received a petition from 35 property owners (51%) requesting the city to install streets with concrete curb and gutter and bituminous surfacing. • At a Public Hearing held on January 20, 1998, consideration for a similar improvement was not approved. However, that project did not have the minimum 35%petitioning property owners. • This petition requests the city to install narrower streets (28' vs 32'). At the Council workshop of March 24`h, the Council directed staff to look at other areas where costs could be reduced. An addendum to the previous Feasibility Report discussing these options will be provided at the next Public Hearing, if so authorized. ATTACHMENTS: • Petition and location map,pages through FOR CITY USE ONLY Petition # 7 7 k Date Received _�.7 ,/ Presented to Council PETITION LOCATION/SUBDIVISION l_rjc�n�1- Qyoyf I/We, the undersigned, owners of the real property adjacent to (Street) or within /170,�,, 4",9- ZyQ,-,j,{� Subdivision, hereby petition for: F.1/ t ydV r&pe w,,-4 afr{sof w r�Qe, Street Improvements _�' �. �. s�.,•,,.,o,,,,,,-�tl� Sanitary Sewar Water Supply (Check requested items and please enclose sketch of Storm Sewer requested improvements) Streetlights Other (Explain) /We understand that this petition does not in itself request the installation of these improvements, but rather, request the preparation of a feasibility report in which the estimated costs of these improvements will be tabulated. I/We understand that upon receipt of this petition and the preparation of the requested feasibility report, a public hearing will be held at which time we may voice our support or opposition based on the costs as prepared in said feasibility report. Signature of Land Owner Address of Property 13 f3 4. � vet -� 5. too -� Z�-T , -'17 � �. �� Oso -o 070 16. r rl 1 lts#1 easres.fm FOR CITY USE ONLY Petition # 7190"- Date / 902.Date Received Presented to Counctf PETITION LOCATION/SUBDIVISION rn -i [/We, the undersigned, owners of the real property adjacent to (Street) or within d K.��T 9�.►��� 4z4-r,All Subdivision, hereby petition for: Full ..yob rr�la. w.>u, �-hof W%d e. Street Improvements ✓ �r-eefs surMo,�., ,6�e- e.urb. Sanitary Sewer Water Supply (Check requested items and please enclose sketch of Storm Sewer requested improvements) Streetlights Other (Explain) I/We understand that this petition does not in itself request the installation of these improvements, but rather, request the preparation of a feasibility report in which the estimated costs of these improvements will be tabulated. I/We understand that upon receipt of this petition and the preparation of the requested feasibility report, a public hearing will be held at which time we may voice our support or opposition based on the costs as prepared in said feasibility report. i nat re ot Land Ow Address of Pro e a�_ ZelB� /a7 �o �✓ �o �+ � v 51 v . 2 ��� 2c� �� S )0&/'1i LOP" ZA7 v 3 o 3. I X 07 r . 5. 6. 7. 8. 9. 10. lts#lfeasres. fm -,FOR-011 1 �xsPetition 1` DatexReceived Presented to,�Co ftj L ' • end ;�^,�r, �#far","."--: PETITION LOCATION/SUBDIVISION ( � `` f Mo _ .. I/We;the undersigned, owners of the real roperty adjacent to or within Subdivision, hereby petition for: 4 FJ! ra/0e, w Street Improvements Sanitary Sewer ; Water Supply (Check requested Items and ' please enclose sketch of Storm Sewer requested improvements) Streetlights Other (Explain) I/We understand that this petition does not in itself request the installation of these improvements, but rather, request the preparation of a feasibility report in which the estimated costs of these improvements will be tabulated. I/We understand that upon receipt of this petition and the preparation of the requested feasibility report, a public hearing will be.held at which time we may voice our support or opposition based on the costs as prepared in said feasibility report. gnature of Land Owner Address of Prop 1. FLA �SJ nV. 0 5.r a' 17 V &,!w 6. 7. 8. 10. Its#1feasres.fm r y •-• p ' --1.`J•�'�}4c'.t, 1'i P' r l,•� l�.. -. FOR CITY USE ONLY of t �.vi f.F �1.j•T. �, •�lY.. �,yJ � � --'C! .r .. Zti Petition # 71712, k ,h .Date Received Z Presented to Council , , .T.; 7 � � ` 1.`�r-'k f�� .ZSPYR�).���`�1 .. �^.'•.sir • .. - tahPET1TION - ,; r <v,.. �- 1 j a!!•3'? .F'�A1 'k c�w'-S t s c-iqNa,ti LOCATION/SUBDIVISION"j. _ - Y� •,S -`,.ra�i•f xNL ,e,rg'd., ►G t:.:w• ' - Owners f � I/ftlhe undersigned, ,,f he`,Cea� roperty adjacent to (Street) or within Subdivision, hereby petition for 1 Fel t yejr41oe 40 Street"Improvements ,lj-r- c."rb. - Water Supply (Check requested ifems and please enclose sketch of Storm Sewer requested improvements) Streetlights Other (Explain) [/We understand that this petition does not in itself request the installation of these improvements, but rather, request the preparation of a feasibility report in which the estimated costs of these improvements Will be tabulated. I/We understand that upon receipt of this petition and the preparatic-n of the requested feasibility.report, a public hearing will be held at which time we may voice our support or opposition based on the costs as prepared in said feasibility report. Signature of Land Owner Address of Prol2erty r op 4. � :ter ' .��w ,,4� O`,1 y ��i r,� 1 lL o& o - G 5. ;h� !fir !Lc UlU- � • e, % 7.� r '► r 8.. - „ : v G v P / ltsWeasres.fm FOR�CITYSE ONLY .. .'r t♦ +� _ _ r� iEtitlori .:,,� 'e ICIV e10 li'VL fPresented o t3OU bit M f3 , PETITION x ; �: . any<yy� LOCATION/SUBDIVISION y;Ji .� � L • i yt " I/We, the undersigned, owners of the real property adjacent to t ,{Street or within Subdivision; 1 hereby petition or: Street Improvements _.tom ,r, s w- s�,.,,,ou„,. l�t..e,,�►-b Sanitary Sewer Water Supply (Check requested items and please enclose sketch of Storm Sewer requested improvements) Streetlights Other (Explain) I/We understand that this petition does not in itself request the installation of these improvements, but rather, request the preparation of a feasibility report in which the estimated costs of these improvements will be tabu%-ited. l/We understand that upon receipt of this petition *and the preparation of the requested feasibility report, a public hearing will be held at which time we may voice our support or opposition based on the costs as prepared in said feasibility report. Sionature ofLn wn Address Propeqy 3. / ;2 as 4. s. v► /.� ��� ��`�°� ` �� ���4�-r� lE�- —� iso- o: 6. 7. ; 8. 9. ; lts#1feasres.fm AVALON AVENUE �. 030-5, 2 -- • 2 1 2. • � 4 1. 041-07 • ES 4 R • :S:: .. . �.. 3 94 3 ' .• 4 5 • • 6 • �::3042-07 c+ � °i < Ti 090-09 6 2 7 0 e 8 • � s 6 9 `r 020-05 10 • o r 72 021-0s �y • HOM . .w COIMTY 'PA'RK''•Z 13 .. _• R • q • • 3 1 • /��9 _ _ 9 5 • • �_ y._ 091-05 a • • 111-05 • 1 « •+ 4. n 4- 023-04 • 2 a 030-04 3 13 tb1--0S tTl-0 161-06 T 9 i o RAtF6ER E r y 081-03 `• : � ` 2 e r m a a17 z 061 .. ' a •.' 'oel - — 4 �J • 2 • •.....,..O1Q�3D LONE OAK ROAD LEGEND Q (cq) • Assessable Lot LNJ 1000 3/26/98 00 ' �I Petitioning Property Owners 3/26/98 H/717RPetitlon COUNTRY HOMES HEIGHTS STREET IMPROVEMENTS �� PETITION MAP CITY OF EAGAN CITY PROD. 7178 Agenda Information Memo April 7, 1998 Eagan City Council Meeting T PROD 724,APPROVE SOUTHERN LAKES WATER TOWER LAND DEDICATION ACTION TO BE CONSIDERED: Approve the acquisition and transfer of title to land for the Southern Lakes Water Tower and authorize the Mayor and City Clerk to execute all related documents FACTS: • The Joint Powers Agreement between the cities of Inver Grove Heights and Eagan entered into in July 1997, obligates Inver Grove Heights to acquire and convey 1.5 acres of land able to accommodate the construction of the Southern Lakes Water Tower Reservoir. • The tower is located on land owned by the Northern States Power Company who granted a Right of Entry in December 1997 that allowed the City of Eagan to award the contract for the tower's construction while the details of the purchase agreement were worked out between all involved parties. • This purchase agreement has now been completed to every one's satisfaction and the title work has been prepared for formal approval by the City Councils. It has been reviewed by the City Attorney's Office and the Public Works Dept. and found to be in order for favorable consideration. �y Agenda Information Memo April 7, 1998 Eagan City Council Meeting U ANTENNA LEASE AGREEMENTS-US WEST WIRELESS ACTION TO BE CONSIDERED: Approve lease agreements with USWEST WIRELESS for the installation of antenna panels with related ground support equipment on the Safari and Deerwood Water Reservoirs and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City Staff received an application from USWEST WIRELESS to install antenna facilities on the Safari and Deerwood Reservoirs. A compatibility analysis was run with the others Personal Communication System (PCS) and Cellular phone companies at these locations and no objections were received. The City Attorney's office prepared the standard lease agreements that have been executed by the applicant. The Public Works Dept. has reviewed the plans and found them to be in order for favorable consideration. ATTACHMENTS: • Site and elevation plans, enclosed without page number. Agenda Information Memo April 7, 1998 Eagan City Council Meeting V WORLDCOM FIBER OPTIC LICENSE AGREEMENT ACTION TO BE CONSIDERED: Approve a License Agreement with Worldcom Fiber-optic Co. and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The staff has received a request from the Worldcom Fiber-optic Co. to access and cross City owned property to install a fiber optic cable within one of the Williams Pipeline Co. empty fuel pipelines. The points of access would be within: • The Highline Trail corridor just west of Thomas Lake Rd. • The linear Park trail through the Ridge Cliff Add. South of Cliff Rd. and East of Johnny Cake Ridge Rd. • Patrick Egan Park located immediately Southeast of the Municipal Center • Barbara Cury Park located South of Wescott Rd. and West of the Westbury Add. • Upon review of the application by the City Attorney's office, it was recommended that this temporary access permit be handled by a more formal license agreement. This agreement has been reviewed by the Parks and Public Works Departments and found to be in order for favorable Council consideration subject to concurrence by Worldcom. ISSUES: • This item was originally presented to the Council for consideration on March 17, 1998. However, it was continued to April 7 due to the addition of other locations to be included in the agreement. During the discussion, a question was raised as to whether this should be reviewed by the Burnsville Eagan Telecommunications Commission (BETC). It has been forwarded to them as an informative item as no formal action is anticipated due to the fact that this fiber optic cable is being installed in an existing pipeline within private pre-existing easements. The franchise agreement the City has with Williams Pipeline Co. does not cover the pipeline where the fiber optic cable is to be installed. ATTATCHMENTS: • Location map,page N �►�`1�j _ �_ :__ now.........SIR %ilill{11111 r `�O • � .�. Imo► � _. ��� � ►/� �. Awn ■■■■■■■■ �■■ ���j� ,`` ��i� i�� � // •� � %1111111 ■■ �► ■ � �` !:■����:1111: a,��`,!�t►�l..� .w. i :�/moi :;� �i►/�►\I�i�!� 1um'..'■■1: ...a1111111�� 11� tt�� ♦ ■ . DIFFLEY RD. NEI If ':: _111111 1►��i''�1 _� ���■+Ilfr������, •. �� MEN MEire 0 1111 �/�`.��� � /����Illf►� �i'� ■� ■■�� X11 ►■■���■■■���f/ �: ` ,.-.; ��� DIMINO -will Naomi S, son W Nil Nor Nil IN am CC Meg c Mill Cz _ _ 11111 Ilrll/t — — '• • • ���. qtr l�I �����,� I•i■ ■■■ ■���r ;�� ', ,,,��� � • • ��i■ ■�+ •. / I 1�r.�� 111■t ■ ��/ r r�►� i=\I■■■U■� ��lii -� ' � �■ ��� �= ill/►,,�``I♦ I,�1�i ►�i� __ �\`�11111111�• 1 :111)■ ,�■ir����� ■ I�,,': : • �► VAN-- I-P! ����► j� �s■ � � .�,��11/�iu■ .�!!1������fir■ _ r.: �► t=- Agenda Information Memo April 7, 1998 W. MEADOWVIEW ROAD PUBLIC RIGHT-OF-WAS' & EASEMENT VACATION ACTION TO BE CONSIDERED: To receive the petition to vacate a portion of Meadowview Road west of Alexander Road and east of the Canadian Pacific Railroad, and schedule a public hearing to be held on May 5, 1998. FACTS: • City staff has negotiated said vacation in conjunction with an assessment objection for Project 615R by Jay Clark, President of Petroleum Property Management, Inc. Mr. Clark has agreed to remove his objection to the special assessments levied under Project 615R in consideration of the right-of-way vacation. • The City of Eagan will maintain a drainage and utility easement, as well as right of access, over the existing Public right-of-way, except for the cul-de-sac bulb. • The purpose for the request to vacate the public right-of-way is to decrease the setback requirements for future development of the adjacent property. ATTACHMENTS: • Location map, page . • Legal description graphic, page 9 I � \ PROPOSED EIGHT-OF-WAT AND EASMENT VACATION s f I \V DOW VIEW RD. 01 % t ( QOPp I - 8L-LAJ _ ETENDRE ST. u j p uj o IVER w z o C� YANKEE DOODLE RD v0 WATER TREATMEP FACILITY CITY Cco n I MAINT. '�! r A/SII 1T V SECTION 8 Q L1�j city of eagan PUBLIC LOCATION MAP WORKS16 M DEPARTMENT VV T 0 NO SCALE 00800-010-04 i QP NOTE: NO FIELD SURVEY WORK Gj�• WAS PERFORMED AS TO THE PRECISE LOCATION OR AREA OF THIS EASEMENT. ' �P 200' -� G 008ZEASEME FORES 30' PE Q • - UTH LINE NE 1/4 - NE 1/4 SEC. E , , 39900-010-02 80220-010-01 0 X. city of eagan PUBLIC /1 PROPOSED RIGHT-OF-WAY AND EASMENT VACATION WORKS U DEPARTMENT Agenda Information Memo April 7, 1998 Eagan City Council Meeting X PROJECT 736, GRAND OAK BUSINESS PARK ACTION TO BE CONSIDERED: Receive the feasibility report for Project 736 (Grand Oak Business Park—Alternative Urban Areawide Review and Internal Traffic Study) and schedule a Public Hearing for May 5, 1998. FACTS: • There are several developers looking at the ultimate development of approximately 235 acres of land located between a triangle bounded by Hwy 55, Hwy 149 and I-494. • Due to the magnitude of the potential development of this area, it is anticipated that an Environmental Impact Statement (EIS) and Indirect Source Permit (ISP) may be required. • After preliminary review of the scope of potential development in this area, it has been determined that the preparation of an Alternative Urban Areawide Review (AUAR)would be more appropriate and economical. • In order to minimize the time, expense and potential conflicts associated with preparing several different studies with each individual development application, the City Council, on Feb. 3,1998 authorized the preparation of a feasibility report to discuss the scope, cost, schedule and financing of these studies. A draft of this report has been completed and is ready for the Council's consideration of scheduling a Public Hearing to formally present and discuss the merits of this project. 91 Agenda Information Memo April 7, 1998 Eagan City Council Meeting Y. PROCLAMATION. OBSERVING APRIL 22 AS BUSINESS WOMEN'S NETWORK DAY IN EAGAN AND THE WEEK OF APRIL 19—25 AS RECOGNIZE THE POSSIBILITIES -WOMEN IN BUSINESS WEEK ACTION TO BE CONSIDERED: To approve a resolution proclaiming April 22, 1998 as Business Women's Network Day and the week of April 19—25 as Recognize the Possibilities—Women in Business Week. FACTS: • Business Women's Network was established in 1987 with the goal of providing education, support and networking to women business owners in the south metro area. • The organization has grown from ten members to over 80 professionals in a wide variety of industries. • A request was received of the Business Women's Network to proclaim April 22 as Business Women's Network Day and the week of April 19—25 as Recognize the Possibilities—Women in Business Week. ATTACHMENTS: • Proclamation on page 3 • Information regarding Business Women's Expo enclosed on page _. • Invitations to the Business Women's Network Expo enclosed without page number. City of Eagan Proclamation Business Women's Network Day April 22, 1998 Whereas,the role of women-owned businesses and women in business is vitally important to the economic development and well-being of the City; and Whereas, approximately two-thirds of all new businesses nation wide are owned by women; and Whereas,the mission of Business Women's Network is to provide education, support and growth opportunities to women in business; Now, therefore,be it resolved that the City Council of Eagan proclaims April 22, 1998 as Business Women's Network Day in Eagan, Minnesota; and Let it be further resolved that the City Council of Eagan proclaim the week of April 19, 1998 through April 25, 1998 as Recognize the Possibilities—Women in Business Week in Eagan, Minnesota. Motion made by: CITY OF EAGAN CITY COUNCIL Seconded by: By: Those For: Its Mayor Those Against: Attest: Its Clerk Dated: Certification I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 7t'day of April, 1998. E. J. VanOverbeke, City Clerk 3 1998 Business Women's Network Expo "Recognize the Possibilities" Event Information: ` April 22, 1998 Top speakers scheduled at 1:30, 3:30 and 5:30 11 a.m. to 7 p.m. Approximately 45 booth spaces available Royal Cliff Banquet Center Prize drawings held all day 1 Block West of 77 Cedar Complimentary refreshments on Cliff Road, Eagan, MN Tickets will be sold to guests for$5 with a portion of the proceeds going to charity. Supporting advertising will be placed and media coverage is anticipated. Exhibitor Information: ♦ Exhibitors receive recognition in the event program and a list of all attendees. ♦ Booth includes 8' skirted table and electricity(if needed). ♦ Booth Registration: $125 for non-members, $80-$90 for members. ♦ 10 Free event tickets ($50 value) ♦ Opportunity to donate prizes for further recognition , 0 About the Organization: Business Women's Network was established in 1987 with the goal of providing education, support and networking to women business owners in the south metro ' area. What began with about ten members has now grown,to over 80 professionals in a wide variety of industries. BWN members meet each month to hear professional speakers and provide support that helps their businesses grow. FOR MORE INFORMATION AND TO REGISTER CALL: Laurie Boyer, 612/770-3785 Agenda Information Memo April 7, 1998 Eagan City Council Meeting Z. CONSTRUCTION/DEMOLITION DEBRIS HAULER LICENSE JME OF MONTICELLO,INC. ACTION TO BE CONSIDERED: To approve a construction/demolition debris hauling license for JME of Monticello, Inc. as presented. FACTS: • The City is in receipt of an application from Jay Morrell on behalf of JME of Monticello, Inc. The application has been reviewed by staff and is in order for consideration by the Council. ATTACHMENTS: • Application enclosed without page number. Agenda Information Memo Eagan City Council Meeting April 7, 1998 AA. AWARD bid, ice resurfacer ACTION TO BE CONSIDERED: Receive bids and award the contract for ice resurfacer to Frank J. Zamboni, Inc. in the amount of$59,500 and request Eagan Hockey Association to place the order. FACTS: • Bids were opened on March 10 for supplying an ice resurfacer for the second ice sheet. • Bids were to be provided for both an electric (battery) and natural gas operated machine. • Bids were received on both types of machines from Olympic and Zamboni. • Dakota Electric has offered the City $15,000 as an incentive to purchase an electric machine with the provision that they be given recognition on the front of the machine for their contribution. • Zamboni electric was priced at $74,500; Zamboni natural gas at $60,915 • Olympia natural gas was priced at$58,427. (There are additional costs for electrical connections or gas fuel connections associated with each machine to make them operational.) • Eagan Hockey Association is willing to order the resurfacer using their tax exempt status which would save an additional $3,600 in sales tax. DISCUSSION: Although the natural gas machine burns much cleaner and produces less noxious fumes then the traditional propane most often used, it still does not compare to the electric machine. Although staff has experienced some problems with the charging of batteries on the current machine at the Civic Arena, Zamboni is working to correct this. With the grant from Dakota Electric to purchase the electric machine, the cost is comparable to the natural gas machine. RECOMMENDATION: Staff is of the opinion that there is less maintenance with the electric machine and there will be less air turn over which results in savings on heat and dehumidification. Having two machines of similar design will also be easier for employee operation. ATTACHMENTS: None Agenda Information Memo April 7, 1998 Eagan City Council Meeting BB. MULTIPLE DWELLING/COMMERCIAL TRASH HAULER LICENSE NEW EARTH SERVICES,INC. ACTION TO BE CONSIDERED: To approve a multiple dwelling/commercial trash hauler license for New Earth Services, Inc. as presented. FACTS: • The City is in receipt of an application from Mark Pieper on behalf of New Earth Services, Inc. The application has been reviewed by staff and is in order for consideration by the Council. ATTACHMENTS: • Application enclosed without page number. Agenda Information Memo April 7, 1998 (' GRANT CONTRACT EXTENTION-FISH LAKE CLEANWATER PARTNERSHIP (,CWP) PROJECT ACTION TO BE CONSDIERED: • To approve a resolution extending the grant contract for the Fish Lake CWP Project to July 4, 1999. FACTS: • The grant contract for the Fish Lake CWP Project ends on July 4, 1998. • Extension of the contract is needed to guarantee the availability of grant funds for another year. ATTACHMENTS: • Copy of the resolution to be adopted and the contract amendment authorizing extensione5 4q- l0Z RESOLUTION OF THE CITY OF EAGAN BE IT RESOLVED by the City of Eagan that the City enter into the attached Grant Agreement Amendment with the Minnesota Pollution Control Agency (MPCA)to amend the existing Grant Agreement between the City and the MPCA for the following project: Fish Lake Cleanwater Partnership Phase II Project. BE IT FURTHER RESOLVED by the City of Eagan that the Mayor,Tom Egan,be authorized to execute the attached Grant Agreement Amendment for the above-mentioned Project on behalf of the City. Resolution Introduced By: Resolution Seconded By: Vote on Resolution: WHEREUPON the above resolution was adopted at a regular meeting of the City Council this 7th day of April, 1998, Authorized Signature and Title Date STATE OF MINNESOTA 1, , do hereby certify that I am the custodian of the minutes of all proceedings had and held by the City Council of said City of Eagan,that I have compared the above resolution with the original passed and adopted by the City Council of said City of Eagan at a regular meeting thereof held on the 7th day of April, 1998 at City Hall, that the above constitutes a true and correct copy thereof,that the same has not been amended or rescinded and is in full force and effect. IN WITNESS WHEREOF, I have hereunto placed my hand and signature this and have hereunto affixed the seal of the City of Eagan. (SEAL) Authorized Signature and Title I:\33b\resolution apH 7 98 Pagel of 3 STATE OF MINNESOTA POLLUTION CONTROL AGENCY WATER QUALITY DIVISION MINNESOTA CLEAN WATER PARTNERSHIP PROJECT IMPLEMENTATION GRANT AGREEMENT AMENDMENT 01 NO BUDGET CHANGES TIME EXTENSION ONLY Accounting Information: genCY' R 32 TT30 Yew. 95 0° or Number 047487001-00 otal MHounto on $48,985 oun of on irs . *$ commodity e: omm i e: tommoclity 1_00e: pec e: 5B00 pec e: Jen ec oun• $19,59.A, oun• $ Amount Accounting-Distribution 1: Accounting Distribution 2: Accounting Distribution 3: FUR: 100 und: un ppr 3170 PPr ppr r u : W27 - ° ' ° ' Kept a : STAT F v a : Amount: $19,594 Amount: $ I Amount: Processing Information: PO R32 OOOOOQ00064 Number/Date/Entry Initials [Individual signing certifies that funds have been encumbered as required by Minn.Stat. 16A15.1 PROJECT SPONSOR: City of Eagan CONTACT: Mr. Richard Brasch City of Eagan 3501 Coachman Point Eagan, Minnesota 55122 (612) 681-4300 GRANT AGREEMENT NUMBER: 951-2-198-19 PROJECT TITLE: Fish Lake Phase II Project COUNTY: Dakota lee _ Page 2 of 3 �4 WHEREAS,the Pollution Control Agency (hereinafter STATE or MPCA) has a Grant Agreement Number 951- 2-198-19 (hereinafter AGREEMENT)with the City 9f Eagan(hereinafter SPONSOR)to develop and implement a Project Monitoring Plan and revised Project Work Plan for the Fish Lake Phase II Project, Project Implementation Grant and, WHEREAS, PART I. SUMMARY, PERIOD COVERED BY THIS AGREEMENT,PART IV., D.,2. "Budget Period", and PART IV.,H. EFFECTIVE DATE OF TIES AGREEMENT of the existing Agreement, provides for the following: This Agreement shall be effective on the date of execution as to encumbrance by the State Commissioner of Finance and shall remain in effect for three (3)years. WHEREAS the existing Agreement was executed by the State Commissioner of Finance on July 5, 1995. WHEREAS additional time is required to complete the activities provided for in the existing Agreement, NOW THEREFORE IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: That PART I. SUMMARY,PERIOD COVERED BY THIS AGREEMENT, PART IV.,D.,2. "Budget Period", and PART IV., H. EFFECTIVE DATE OF THIS AGREEMENT of the existing Agreement be amended to read as follows: This Agreement shall be effective on July 5, 1995 and shall remain in effect until July 4, 1999. REMAINDER OF TMS PAGE INTENTIONALLY LEFT BLANK V Page 3 of 3 Except as herein amended, the terms and conditions of the original grant agreement remain in full force and effect and are expressly reaffirmed by the parties. IN WITNESS WHEREOF,the parties have caused this amendment to be executed, effective upon the date that the last signature is obtained by the state, pursuant to Minn. Stat. 16B.06, subd. 2. CITY OF EAGAN MINNESOTA POLLUTION CONTROL AGENCY By By Title Title Date Date Approved as to Form and Execution Approved as to Form and Execution by the Attorney General's Office BY_ BY Title Title Date Date /D� Agenda Information Memo April 7, 1998 Eagan City Council Meeting DD. FINAL SUBDIVISION—PINE TREE PASS ACTION TO BE CONSIDERED: > To approve or deny a Final Subdivision (Pine Tree Pass) consisting of 4 lots and 2 outlots on approximately 69 acres located south of Cliff Road, east of Walden Lane and Thomas Drive,west of Cambridge Drive and Covington Lane,north of Wellington Way, in the NE '/a of Section 33, subject to the conditions recommended by the APC. FACTS: > The City Council reviewed and approved the preliminary subdivision for Pine Tree Pass at their regular meeting on December 16, 1997. > Final plans, development contracts, and financial guarantees are in order. ISSUES: > Dakota County is requesting a 100-foot half right-of-way along Cliff Road. On the proposed plat, the developer has indicated a 75-foot half right-of-way with an additional 15-foot easement along Cliff Road. The Dakota County Plat Commission is scheduled to review this at their meeting on Monday April 6, 1998. BACKGROUND/ATTACHMENTS: > Final plat drawing, page /03 s • s "�' �Y� ����kk G� � �_� �Cb7 O A y 6sy� �•4 �� ��.� � E j s� a r� ail r jl pp I.h c • � i�ta III ,��..+InyV }�, "�..•.�,'' �> . ...rvviy�i��' f� w Ld � s f tLi�Y Yi ll R 77 D•lCfY �;, °ao;w 1712 L•9°v wR�r / 69*9 t. I w j C� W t q S ••' n'a �r r \ 41- `y1 H rr:.�' r,^w`woa' y�w. •�•-rt i Iii � � \ I i n r ij ��fw,hq '^t'S ^ s/' l-_I�.r"�f'^ '+ 'yf}�r'i t 3•,.r�. � " e 3hl� c�tl c. 1 4;' NJ�YW W a s �I EXHIBIT A 1 OF 2 M y I 0'�, 3, ZGS 12: 5 t1L. 1pc -0—, q v; via # � :J J02 • » r a 3 Ile Chi .f v€3 N J� O li I c. 4 4iPsE — _ (CHT Ex 3 4'h' / ter/ Mlre•b�•jr.�.4°j 1.> >SPLr~ irr.i.►O.Rt,Eg 1 r. T� / s �~ =o h •4i.�'=' yDI7 z � � % P 'i � i•�I M 1i Lo •. i � ^,�a�� 1 'ti's►axe �y� *14+ F_1J¢a r I ai r r as r jig ui • III �� J ��. � `: I Lli \ �•!�•- � I �_alae;� i s ! � e•I I I )K�1 KMi _ I C J) �� .� = ---o----�/` m •n.� R'.'1•Ilw.�a / leinnr+ nvn. R -- r•�•• H -7c. F� rvr Ivuv YiJ' '��n z:)CK eras, cY�'► :'I�vCi �JIJI �S •� YY 3 go l EXHIBIT A 2 OF 2 /05- Agenda Information Memo Eagan City Council Meeting April 7, 1998 EE. RE-APPROVE bid package#3, Civic Arena -Phase II ACTION TO BE CONSIDERED: To approve the corrected amount for bid package# 3, Civic Arena- Phase II, in the amount of $95,094 for Gladstone Construction. FACTS: • The Council previously awarded bid package # 3 on March 12, 1998. • This bid package was originally withheld from the scheduled February 21, 1998 award for further review. • At the March 12, 1998 meeting, an incorrect bid amount appeared in the Council packet. • This action is to establish, for the record,the correct amount of the bid award of $95,094. • The total project cost summary presented at the City Council meeting was correct and remains unchanged with this action. ATTACHMENTS: None w Agenda Information Memo April 7, 1998 Eagan City Council Meeting L4JBLICE A. PROPOSED AMENDMENTS TO THE FINANCING OF THOMAS LAKE APARTMENTS PROJECT ACTION TO BE CONSIDERED: To close the public hearing,but take no formal action. FACTS: • The public hearing was noticed for and opened at the March 17, 1998 meeting and continued to April 7, 1998. • At the February 17, 1998 City Council meeting, a resolution was approved setting this public hearing for March 17, 1998. • In August of 1986, the City authorized the issuance of$12,975,000 of multi-family housing revenue bonds for the construction of the Thomas Lake Apartments. • The applicants are proposing to reduce the base interest rate on the bonds, to eliminate the contingent interest rate on the bonds and to extend the maturity on the bonds to 2028. • The City's bond counsel, Steve Rosholt of Faegre&Benson, will continue to review the documents and the transaction on behalf of the City. • The City has been notified that while the document preparation is far enough along to hold the public hearing,they are not in final form and cannot be given final approval by the City Council. A final resolution taking official action will be scheduled for action at a later date. ATTACHMENTS: • Letter of explanation from Daniel Nelson of Best&Flanagan, LLP is enclosed on page . BEST & FLANAGAN LLP ROBERT L. CROSBY GREGORY D. SOULE KEVIN J.DENLEVY OF COUNSEL LEONARD M. ADDINGTON CATHY E. GORLIN ' vNJILL B. LAORR ARD B. LEWIS AU.S.OBERT R. BATH PATRIcx B. HENNESSY 4000 IJ . AK PLACE ANN-, E.WALTHER ARCHIBALD SPENCER N. WALTER GRAFF TIMOTHY A SULLIVAN WILLIAM J.MORRIS ROBERT M. SHARE N ALLEN D. BARNARD BRIAN F. RICE (301 SECOND AvE tiE SOUTH :MICHAEL H. PINK JOHN R. CARROLL RICHARD A. PETERSON DANIEL R.W.'NELSON ANN E. BROSE JAMES D. OLSON ROBERT J. CHRISTIANSON,JR. TRACY J.`AN STEENBURGH MINNEAPOLIS, MINNESOTA DANIEL A KAPLAN FRNx J.WALZ DAVID J. ZL'BKE FRANK VOGL STEVEN R. KRUGER 55402-4331 AR J. EN'NE Y HARRY 11ENNEDI MARINLS W.VAN PLTTEN,JR. JAMES P.MICHELS J.LMES L BEST JOHN A. BURTON,JR. PALL E. K.14INsxI HTTP://k W1�.BESTLAW.CObi 19011-,,RA JAMES C. DIRICLES ROSS C. FORMELL ROBERT J.FLINAGA.N ROBERT L. MELLER,JR. CARYN S. GLOVER121(612) :MORRIS E. KNOPF MARY E. SHEAREN (g12) 339-71898-174 JUDITH A ROGOSHESKE BARBARA M. Ross FAx (612) 339-5897 SCOTT D. ELLER CATHERINE J. COURTNEY CHARLES C. BERQUIST SARAH CRIPPEN MADISON E.JOSEPH LAFAVE ROBERT D. MAHER DAVID H.JoHNsoN Direct Dial: 349-5649 E-Mail: dnelson@bestlaw.com April i, 1998 Mr. Gene Van Overbeke BY FACSIMILE TO 681-4612 AND FIRST CLASS MAIL Clerk-Treasurer City of Eagan 3830 Pilot Knob Road Eagan. MN 55122 Re: Thomas Lake Place Apartments Project Dear Mr. Van Overbeke: I am writing to confirm our telephone conversation earlier today in which I requested that the Eagan City Council hold a public hearing at the City Council meeting scheduled for April 7, 1998, but that no official action be taken by the City Council upon completion of that public hearing. Although the basic terms of the restructuring amendments to the bond financing documents for this Project are reflected in the draft form of Resolution previously distributed to you. the Bondholder and the owner of the Project have not yet agreed to all of the business terms in the final forms of the documents for this restructuring. so substantially final drafts of these documents are not currently available for approval by the Eagan City Council. The Project owner's representative, Mark Moorehouse, will be present at the public hearing on April 71h to answer any questions of the City Council members or City staff. After that meeting, I expect that we would request that the Eagan City Council consider the Resolution approving the amendments to the document for this Project in the next two to four weeks. Please feel free to call me if you have any further questions regarding the restructuring of the financing for this Project. Ve ly rs, Daniel R.W. Nelson Agenda Information Memo April 7, 1998 B. PROJECT 663,VALLEY VIEW PLATEAU STREET& UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: To close the public hearing and approve/deny Project 663 (Valley View Plateau -Street and Utility Improvements) and, if approved, authorize the preparation of detailed plans and specifications. FACTS • The streets proposed to be improved within the Valley View Plateau Neighborhood were constructed in 1958 and partially reconstructed with the installation of sanitary sewer in 1968. The neighborhood provides access to 56 single-family lot equivalents. • The reconstructing of the streets within Valley View Plateau is programmed for 1998 in the current 5-Year CIP (1998-2002) and has been part of the City's Capital Improvement Program since 1992. • On December 4, 1996, the City Council authorized staff to prepare a feasibility report addressing the scope, cost, schedule and financing of street rehabilitation improvements within the neighborhood. • On March 2, 1998, the feasibility report for Project 663 was presented to the City Council and a Public Hearing was scheduled for April 7 to formally present and discuss the report with the neighborhood. • An informational meeting was held on March 16 at 6:30 p.m. at City Hall. Of the parcels proposed to be assessed, 43 owners representing 29 properties (about 37% of total notified) attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report,pages 1 16 through . • Project Information Summary,page / Y_') • Minutes From Informational Neighborhood Meeting,pages ,3 through 141,k. . /61 city of (zagan Report for Valley View Plateau Street and Utility Reconstruction Eagan, Minnesota City Project No. 663 February 1998 File No. 49581 Bonestroo Rosene Anderlik & Associates / Engineers & Architects l7oneslroa,f i n And 1 k.incl Assoc.,tc, Inc. /—A ntrnt iC:mn E]r d Ernplc ver A Bonestroo Pnn rp,il .Otto G.Bnnr.st-o.PE •Jos,ph C ArnA rlik !. t. M.0 i L. Sorvila. PE. (` Richard E Turner_ , • Conn R Ccov, PE • Poberr G Schunicht PE.• J-crry A Elourclnn,RE. RoseneRobert W Rosene PE.nd Sus,in M Eberlin.CPA Senior Consult+nt; Anderl�le AssoO,rte Prvnc,p r/s Howard A Sanford.RE • Keith A (ord��n. PF • Robert R Pfefferle,PE Richard W.Fostrr PE• David O-Loskot.i.PE Rbn orrt(- k,—,., .,I A • Mark A_H.nsoPE. I Michael T Rautm,rnn.P.E.• Ted KFieid,PE.• Kenneth P An.lrnen.P.E.• %t,irk R.Rolf,.PE � Associates Sidney P Wilharrison,PE. L.S • Robert F.Ka',mith (tfrces:St."aw.Rochester,Willm.v And St.Cloud MN Miiw.wkee.WI Engineers & Architects January 19. 1998 Mayor and City Council City of Eazan 380 Pilot Knob Road Eagan, NIN 55122 Re: Valley View Plateau Street and Utility Reconstruction City Project No. 663 BRA File No. 49581 Dear Mayor and City Council: Artached is our report fcr Valley View Plateau Street Reconstruction and Utility Improver encs. Proposed sanitary sewer, storm sewer; water main, and street improvements are presented and discussed wit dri the report along with detailed cost estimates and a preliminary assessment roll. We will be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss this report. Respectfully submitted, BONESTRi 0. ROSE',,,;E, A-NDERLIK & ASSOCIATES, INC. Mark A. Hanson NiAH:Ia .?ttachrnent I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly_ Registered Professional Engineer under the laws the S Ite o esota. Marie A. Hanson Date: January 19. 1998 Registration No. 14260 Reviewed bv: .. �( ck L Department of OACS O 3 - 23 a Date: ---- Reviewed bv_ : Finance Department 2335 West Highway 36 in St. Paul, MN 55113 in 612-636-4600 ■ Fax: 612-636-1311 Table of Contents Page No. Letterof Transmittal........................................................................................ I Table of Contents........................................................ .................................... Investigation Summary....................................... ..............3 Recommendations............................................................................................5 Introduction......................................................................................................8 Scope................................................................................................................8 Feasible, Necessary, and Cost Effective..........................................................9 Discussion SanitarySewer.....................................................................................9 Water Main..... 9 StormSewer........................................................................................ 10 Street........................................................................ 11 CostEstimates ................................................................................................12 Easementsand Permits................................................................................... 13 Areato be Included......................................................................................... I3 Assessments....................................................................................................14 RevenueSources.............................................................................................17 ProjectSchedule .............................................................................................18 Appendix A—Preliminary Cost Estimate Appendix B—Preliminary Assessment Roll Figure No. 1 —Location Plan Figure No. 2—Sanitary Sewer Figure No. 3 —Existing Water Mains Figure No. 4—Water Main Improvements Figure No. 5 —Storm Sewer Improvements Figure No. 6 —Trunk Storm Sewer Assessment Area Figure No. 7—Street Improvements Figure No. 8 —Typical Sections Investioration Summary As part of its Lacital Improvement Program(CIP), the City of Eagan has identified the streets and utilities in ti:.- `'alley View PIateau Additions as being in need of upgrade to comply with City standards. T:e results of our investigation included discussions with property owners, public works staff. e-_sneering staff. site visits and research of existinCr g plansfrecords for the area. The investigation c2: cluded tht _cllowing: The Valle: %*Iew Plateau area was developed in the middle to late 1950s by Ira Nelson. • The deveiocer determined that it was more cost effective to construct a private water system (including a distribution system and one well) than each homeowner drillinghis/her own private well. Therefore. a private water system was constructed in 1958 by the developer to serve the -e%., homes in Valley View Plateau. • The pn*v= water system. constructed in 1958, included a well located on Lot 9, Block 3. The existing main distribution system is shown on Figure 3, as determined by the Public Works Department- Water services are shown on Figure 3 and are noted below. However it should be noted some residents have indicated water service type maybe different than noted below. Water Service Type Number of Homes All :iastic service (main to house) 14 each All copper service (.main to house) 22 each Plastic in richt-of-way, copper to house 11 each Copper service 1 1/;" diam. to house 1 each Unknown 2 each Total 50 each Hydrant locations do not comply with spacing requirements for fire protection. Hydrant leads from the main to the hydrant are four-inch diameter (six-inch diameter is required to provide the requir v fire flow). Existing hydrants do not comply with Eagan standards. As-built record plans of the existing private water system constructed by the developer have not been located, and it is not known if they exist. 113 T^ � .2 Pubiic Works Department has repaired eight plastic water service breaks in the public • ri?ht-of-way over the last 10-15 years. The plastic water service pipe is extremely brittle, , hich makes new connections difficult to make because the existing plastic pipe breaks when making the new connection. Public Works has knowledge of repairing one cast iron water main break. -No breaks of the asbestos cement lined main are on record. • In 1968, the City of Eagan constructed a lateral sanitary sewer system to serve the area. The existing sanitary sewer is in good condition based on television inspection, with the exception of a few isolated areas where minor non-excavating repairs are required. • The existing streets (approximately 28 feet to 30 feet wide) were constructed in 1968 including an aggregate base, bituminous pavement, and bituminous curb following the sanitary sewer construction. However, it's believed the existing gravel base was not completely reconstructed and salvaged to the extent possible. The overall weighted Pavement Condition Index (PCI) average determined in October of 1996 was found to be 19, which indicates that street reconstruction is the most appropriate response. • Storm sewer exists in Bridgeview Terrace and Highview Avenue. Storm sewer requirements based on today's design standards warrant a storm sewer extension in Bridgeview Terrace to Bridaeview Avenue. Based on the condition of the existing streets, drain tile extensions are warranted in isolated areas to properly drain the subgrade. • At the time the public sanitary sewer, storm sewer, and streets were constructed to serve the Valley View PIateau area (1968). the City of Eagan purchased the private water system from the Corporation made up of property owners in Valley View Plateau who owned/maintained the water system. With the purchase the City, accepted full maintenance for the existing water mains/services and appurtenances in the public right-of-way. • Storm water runoff from s::bstandard public street extending north of Highview Avenue, which serves Lots 10 and 11, Block 3, Vallev View Plateau and Parcel 044-00, Highview Acres, does not properly drain. Issues also exist relative to its irregular street width. The existing soil conditions in this area are sandy. Traditional storm sewer improvements would require the extension of 1,200 feet of storm sewer pipe in Highview Avenue to properly drain and serve this area. • Bridgeview Terrace south of Bridgeview Avenue is a half sweet right-of-way (30 feet wide) and exists as a gravel drivewav serving Lot 1, Block 5, Valley View Plateau. The recent piatting of Delosh Addition requires Lot 1, Block 2 to access Bridgeview Terrace south of Bridgeview Avenue. • Project 689 (Hayes/Delosh) proposed to assess trunk area storm sewer to this area in accordance with Eagan policy. Project 689 was approved and constructed in 1996; however, it was determined that the trunk area storm sewer assessment to this area would not be assessed as part of Project 689. Trunk area storm sewer is proposed to be assessed as part of this project. The preliminary plat approval for the proposed Haves Addition (Lot 1, Block 1, Joseph A. Spande I" Addition) has expired. The Haves Addition proposed four new lots abutting Highview Avenue. The developer has constructed one new house on the preliminary plat Lot 1, Haves Addition and extended utilities from Bridgeview Terrace to serve Lot 1 and the existing house on Lot 3. Service utilities have not been extended to serve the remaining lots proposed on the preliminary plat. Recommendations Based on the results of the investigation, it is recommended that: Non-excavating sanitary sewer repairs be reviewed and constructed by Public Works as shown on Figure 2. • Replacement of all existing 4" water mains and all existing plastic services in public right-of- way, including new hydrant, conforming to Eagan standards as shown on Figure 4. Water service reconstruction beyond the public right-of-way will be the property owner's responsibility. However, as part of the construction contract the City offer to the property owner the option to have their private water service line reconstructed by means of directional bore from the curb box to the house such that the directional bore cost would be assessed to the property owner. The property owner would be required to sign a waiver accepting the assessed cost to directional bore the water service line and continue to accept ownership/maintenance of the water service line from the curb box to the house. The property would be required to hire/coordinate their plumber/contractor to make the required connections where the directional bore ends to the existing water system in the house. c 5 ��J • aternate bid be received to replace all asbestos—cement lined water mains. The cost Difference can be reviewed to determine the benefits of replacing all existing asbestos-cement .eater mains versus leaving them in place. i me existing storm sewer system be reconstructed in Highview Avenue / Bridgeview Terrace and storm sewer extensions be made in Bridgeview Terrace to Bridgeview Avenue and from Sibley Hills Drive to T.H. 13 as shown on Figure 5. It is also recommended that drain the be constructed in isolated areas to properly drain the street subbase. Sump storm sewer manholes be constructed north of the substandard street north of HighvieIX Avenue to collect storm water drainage and provide percolation into the sandy soil. The sump storm sewer manholes would eliminate the need to construct 1200 feet of public storm sewer in Highview Avenue to serve this area- The substandard street serves Lots 10, and 11, Block Valley View Plateau and Parcel 044-00, Highview Acres. The new street construction shall :-:dude a minimum 20' width. imurovements (utility/street) are not proposed in Bridgeview Terrace south of Bridgeview Avenue to serve Lot 1, Block 2 Delosh Addition. It's recommended improvements only be constructed if petitioned and agreed to by the property owner. • Street improvements are not included for Bridgeview Terrace north of Highview Avenue to serve the property described as Government Lot 4, Parcel 014-05 (Lost Spur Country Club). P-esently the street right-of-way includes a private drive serving a home on Parcel 014-05. i::e property is proposed to be assessed one lot equivalent. • Water main be constructed in Highview Avenue west of Bridgeview Terrace and sanitary sewer services be extended from existing sewers to serve a potential subdivision and be assessed accordingly to Lot 1, Block 1 Joseph A. Spande Addition. • Street reconstruction includes removing the existing bituminous surface, constructing the gravel base, and installing a new bituminous surface with B618 concrete curb and gutter. Driveway and boulevard restoration abutting the new concrete curb is included. The street improvements are shown on Figures 7 and 8. • Street lighting is not included. However, if the residents petition the City for the streetlight improvements, a separate public improvement project can be initiated on it's own schedule and merits. / 6 • T-t estimated total cost for street and utility improvements proposed herein is S1,173,780. The estimated cost includes Hayes/Delosh Addition Storm Sewer Project 689 (5181,130) whic:, has been constructed. An alternate cost is included to replace all asbestos-cement-lined water main and is estimated at $177,160, which is not included in the estimated total cost. • The t-unk area availability charge for Project 689 (Haves/Delosh Addition) be assessed with this oroject. Included herein are those properties abutting this project. • The City review the special assessment benefit in accordance with their policy. Neighborhood informational meetings be conducted to properly inform the residents and receive input before finalizing this report. l/ 7 Introduction The City of Eagan. similar to other communities. is responsible for providing utilities and streets to serve existing and new developments. The City officials and its Public Works Department are also responsible for maintaining and upgrading these facilities in a timely manner as they approach the end of their useful life. These facilities must be properly and cost effectively maintained for the public's safety and welfare. Typically, based upon standard construction practices of the 1950's and 1960's. the utilities have a design life of 40 to 80 years. depending upon how they have been maintained, while the streets have a design life of 20 to 30 years. The design life for streets is considerably less due to the nature of the materials that are used to build them, the weather they're exposed to and the amount and type of traffic that use them. Deficiencies in the method of construction and the quantity of material used may also lessen the life of the street. Local streets and utilities serving Valley View Plateau were constructed in 1968. The streets have maximized their constructed design life and are in a condition such that reconstruction should be considered. In addition, certain deficiencies exist for the utilities where upgrades should be considered in conjunction with street improvements. Scope This project provides for improvements to the existing streets and utilities within the Valley View Plateau Addition, located east of State Trunk Highway 13 and one-half mile north of Lone Oak Road. Utility improvements include sanitary sewer, storm sewer, water main, and water service improvements. Street improvements include removing existing pavement/curbing and construction of concrete curb and gutter. aggregate base, and bituminous surfacing. The project was first proposed in 1992, as a combined street reconstruction project with the Oslund- Timberline Addition and Wescott Hills Addition. The latter two projects were constructed in 1995. The scope of this report includes only the street and utility improvements in the Valley View Plateau area. p' s ��0 Feasible, Necessary, and Cost Effective The project is feasible from an engineering standpoint and is in accordance with the objectives established in Eagan's Comprehensive Sanitary Sewer, Water, and Street Plans. T-he project is necessary to maintain home and property values in the Valley View Plateau area. to : Maintain the integrity of the water supply/fire protection and to satisfy the objectives of Pavement Maintenance Program. The project is cost effective in comparison to costs associated with other current street maintenance and utility repairs. Discussion Sanitary Sewer tion-excavation sanitary sewer repairs are required in isolated areas as noted on Figure =. The repairs include chemical grouting and placement of segmental liners. The repairs will be made by Eagan Public Works and are not included in the project cost. Three sanitary sewer service cut-ins are proposed to the existing sanitary sewer located adjacent to Lot 1, Block 1, Joseph A. Spande Addition. The service extensions are proposed to be constructed at this time to avoid the cost of open-cutting the new streets at a later date in the event Lot 1 subdivides in the future. The costs associated with the extensions of the sanitary services � ill be assessed to Lot 1, Block 1, Joseph A. Spande Addition and are shown on Figure ?. `Vater Main Water main improvements proposed herein provide for replacing all existing 4" diameter water mains and all plastic water services in the public right-of-way. New water hydrants will replace existing hydrants and will be installed to meet the required spacing for proper Tire protection. All existing plastic water services will be replaced with copper services. The water services will also include new corporations and curb box shutoffs to be placed at the property line. A drawing of the existing and proposed water main is shown on Figure No. 3 & 4 at the back of this report. It is assumed for purposes of this report that connections/replacements can be made with minimal disruption in water service. However, in the event existing plastic water services are damaged during construction (due to not being properly located) before new services are constnacted, disruption in water service may be longer until repairs and new construction is completed. An alternate is included which provides for replacement of all asbestos-cement lines //? 9 water main. It is assumed a tempora. water main and service will be constructed above ground to allow the new water main and se-,vice to be constructed while maintaining the existing distribution system if the alternate is selected. The asbestos-cement lined water main accounts for approximately 70% of the water mains in the Valley View Plateau Addition. Private water service line reconstruction on private property will be offered to the property owner, provided it is done by means of directional bore from the curb box to the house. The property owner will be required to hire/coordinate their plumber/contractor to connect the water service line where the directional bore ends to the existing water line in the house. Nater main will also be extended in Highview Avenue, west of Bridgeview Terrace to serve Lot 1, Block 1, Joseph A. Spande Addition. The extension of the water main will be assessed to Lot 1, Block 1, Joseph A. Spande Addition and is shown on Figure 4. It is also proposed to reconstruct the existing pressure-reducing station located in the backvard of Lot 3, Block 1 of Joseph A. Spande Addition. The existing valves in this pressure- reducina station require very high repiar maintenance, and the backyard location of this station makes maintenance of the station very difficult. The extreme elevation differences found within Valley View Plateau do not allow for this station to be removed or relocated to Bridgeview Terrace. The proposed location of the pressure reducing station is on the north end of the Sibley Hills Drive cul-de-sac as shown on Figure 3. Gate valves will be added to isolate the water main in the Delosh Ravine. Storm Sewer Storm sewer proposed herein is shown on Figure No. 5 at the back of this report. The existing storm sewer in Bridgeview Terrace and Highview Avenue is proposed to be reconstructed. The existing manholes and catch basin have deteriorated and don't conform to Eagan Standards. Storm sewer pipes will be inspected and cost savings may result if existing portions can be saved. A new storm sewer is proposed south from the low point in Bridgeview Terrace to Bridgeview Avenue. In addition, a new storm sewer is proposed from the existing storm sewer in the northerly end of Sibley Hills Drive to T.H. 13. The new storm sewer will connect to an existing 24-inch storm sewer recently constructed as part of Project 689 (Haves/Delosh). 10 /av Due to sandy soil conditions. two sump storm sewer manholes will be constructed in the northerly end of Highridge Terrace north of Highview Avenue. Soil conditions indicat: infiltration sump manholes should function properly and would result in a substantial cost savings in lieu of extending storm sewer in Highview Avenue. Soil conditions have been verified by Eaean Public Works. Street Proposed street construction for this project consists of improving all the streets in the Valley View Addition which includes the following: Bridgeview Avenue, Bridgeview Terrace. Hiahview Terrace, Southridge Avenue, Highview Avenue (from T.H. 13 to High-edge Terrace), and Highridge Terrace (from Southridge Avenue to a point north of of Highview Avenue). The proposed street improvements are shown on Figure 7 at the back of this report. Typical sections for the proposed streets are shown on Figure 8. The streets are proposed to be replaced, to match the width of the existing streets and have new concrete curb and gutter. Due to the new concrete curb and gutter construction, driveway and boulevard restoration is required. Driveway restoration will include reconstructing the lower portion of the existing driveway to match the new concrete curb and gutter. Any disturbed portion of existing driveways will be reconstructed of the same material to an equal or better condition similar to past reconstruction projects in Eagan. The proposed street section is shown below. 1" Type 41B Bituminous Wear Course ?" Type 31B Bituminous Base Course 6" Class 5 Aggregate Base 1 1 Cost Estimates A detailed cost estimate is presented in Appendix A, located at the back of this report, and is summarized below. The total estimated project cost is S 1.17-31,870, which includes 10 percent contingencies and 35 percent for indirect costs. Indirect costs include administrative, engineering, interest, and legal expenses. The alternate cost for asbestos-cement line water main is S 177,160. Private water service line reconstruction is not included and is dependent upon how many property owners request to have their private water service line reconstructed. Vallev View Plateau Estimated Cost Hayes/Delosh Addition Storm Sewer Project 689 $181,130 (1) Bituminous Street Reconstruction 483,940 New Concrete Curb 174,490 Storm Sewer 108,210 Subtotal $947,770 Sanitary Sewer (Service Lot 1, Block 1 Joseph A. Spande Addition) 6,690 Water Main Plastic Water Service/4" Main Replacement 191.120 Joseph A. Spande Addition Lot 1, Block 1 Water Main Extension 28.290 Subtotal $226,100 Total Estimated Project Cost $1,173,870 Alternate: Asbestos-Cement Lined Water Main Replacement $177,160 (1) Project cost includes construction and engineering. /�� 12 Easements and Permits No easements are required to construct this project as proposed in this report. A permit is e uired for the reconstruction of Hiahview Avenue at Trunk Highway 13_ b MnDOT. The r � Y Y q remainder of the work will be performed in the public right-of-way. Permits for the project will be required from the following agencies: MHD - Water Main Extension Permit MnDOT - Highway Department Area to be Included VALLEY VIEW PLATEAU ADDITION REMICK ADDITION Block 1, Lots 1 — 3 Block 1, Lot 1 Block 2, Lots 1 — 8 Block 3, Lots 1 — 11 HIGHVIEW ACRES Block 4, Lots 1 — 12 Parcel 046-00 Block 5, Lots 1 — 6 Parcel 051-00 Parcel 052-00 POST ADDITION Parcel 053-00 Lot 1-5 Parcel 062-00 Parcel 063-00 POST ADDITION NO. 2 Parcel 095-00 Lot 1-6 Parcel 092-00 POST ADDITION NO. 3 DELOSH ADDITION Block 1, Lots 1 & 2 Block 2, Lot 1 JOSEPH A. SPANDE 1sT ADDITION NE 1/4. SECTION 4 Block 1, Lot 1 (Parcels 011-01, 012-01) Gov't Lot 4, Parcel 01-4-05 Block 1, Lots 2 & 3 VALLEY VIEW PLATEAU NO. 2 Block 1, Lots 1 —3 Block 2, Lot 1 13 Assessments Assessments are proposed to be levied against the benefited prop eny in accordance with the Cite of Eagan's Assessment Policy for street reconstruction, which is summarized below. A preliminary assessment roll is included in Appendix B located at the back of this report. All costs will be revised based on final project costs. It should be noted that the amount of the assessment can not be sucuoned in court if jt exceeds the benefit. Preliminary pre-project appraisals have been completed on select properties to determine the estimated benefit. The approximate benefit amount for the street reconstruction and utility improvements has been determined to be 54500. The estimated benefit for properties that are proposed to be assessed only for the trunk storm sewer improvements is about 52100. Eagan's assessment policy for street and utility reconstruction is summarized below: Residential/Duplex Assessed City Bituminous Street Reconstruction 759c 25% New Concrete Curb/Driveway Restoration 100�c Ode Storm Sewe: 017c 100c7c Sanitary Sewer Repair 09c 100% Water Main 070 100% S treet Per the assessment policy. it would be proposed to assess 75 percent of the street costs to the adjacent benefiting properties. The estimated total street cost to proposed be assessed would be 5362,955.00. The total number of assessable residential lot equivalent units is 56 which assumes 4 lot equivalent units for Lot 1 Block 1 Joseph A. Spande Addition. Therefore, the proposed street assessment rate is 56,481/residential unit. 14 /Dy Concrete Curb and Gutter It would be proposed to assess 100 percent of the total cost of use concrete curb and gutter and driveway restoration to the benefiting properties according to the assessment- policy.y. The estimated cost for concrete curb and driveway restoration is $174,490.00. The total number of assessable residential lot equivalent units is -56 which assumes 4 lot equivalent units for Lot 1 Block 1 Joseph A. Spande Addition. Therefore, the proposed concrete curb assessment rate is S'),I unit. Storm Sewer It is proposed not to assess the costs for new lateral storm sewer. Storm sewer costs will be the responsibility of the City's Storm Sewer Utility Fund (Expansion). Sanitary Sewer Sanitary sewer repairs are not proposed to be assessed and will be the responsibility of the Sanitary Sewer Utility Fund (Repair) . Sanitary sewer services will be assessed to Lot 1 Block 1 Joseph A. Spande Addition, which they serve. Water Main Water main improvements to the existing water main system (including service improvements in public rights-of-way) are not proposed to be assessed and will be the responsibility of the Water Utility Fund Renewal and Reviace nerift Water service reconstruction on private property will be the property owner's responsibility. Water main extensions and services to Lot 1 Block 1 Joseph A. Spande Addition will be assessed to the property they serve. Trunk Area Storm Sewer In accordance with Eagan policy, trunk area storm sewer (availability charge) is assessed to all properties in Eagan at the time they develop or when trunk storm sewer improvements are constructed in their area It is proposed to assess the properties included in this project their trunk area storm sewer availability charge if they have not been previously assessed. The trunk area storm sewer assessment is based on trunk storm sewer improvements proposed herein and those previously constructed as part of Project 689 (Hayes/Delosh) in 1996. Trunk area storm sewer is assessed in accordance with Eagan's Fee Schedule which is summarized below. i5 /as 1998 Eaaan Fee Schedule: Trunk Storm Sewer Single Family S0.082/sq. ft. The area proposed to be assessed is shown on Figure 6 located at the back of this ret_,on. The assessment per lot will vary depending on lot size. Assessment Summary The estimated assessment per lot in accordance with Eagan policy is summarized below and will vary depending upon lot size for trunk area storm sewer. Estimated Assessment/Lot Street $6,481 Curb 3,116 Trunk Area Storm Sewer(20,000 s.f. lot @ $0.082/s.f.) 1.640 Total Estimated Assessment 511,237 The preliminary appraisal results have indicated that the estimated benefit for all the proposed identified improvements would be about 54,500 per lot equivalent, including the trunk area storm sewer charge. Propeilies that are included within this report only for the trunk storm sewer assessment have an estimated benefit of $2,100 for an average sized lot (20,000 sq. ft.). The preliminary pre-project appraisals are performed to provide the City Council with the benefit information prior to the public hearing so that they may make the most informed decision they can regarding proceeding with a public improvement. An assessment can only be legally supported up to the amount of the benefit the improvement provides. Because of the council's financial responsibility for any public improvement constructed, it is important that they are fully aware of the legal limitations of any funding sources for the improvements, including assessments. As a result the assessments approved at the Final Assessment Hearing will be limited by the final formal appraisals when any objections are received. /C 16 The property owner will have the option at the time of the assessment hearing to pay the assessment in full following the assessment hearing or include the assessment as part of their property tax statement. If the assessment is included on the property tar statement, the assessment will be spread over a period of time and at an interest rate determined by the bond rate used to finance the improvements. If the assessment is spread over a 15-year period at a 7.0 percent interest rate. assuming a S4,500 assessment, the following payment schedule will result. Assessment = $4,500 Principal/Year Interest/Year Cost/Year Cost/Month ff Year 5300 5315 S615 $52 15`'' Year S300 S21 5321 $27 Revenue Sources Revenue sources for Project 663 are shown below. Item Proiect Cost Assessable Cost City Cost Street, Curb, Storm Sewer, Hayes-Delosh $947,770 $307.693 $640,077 Sanitary Sewer Joseph A. Spande Addition Lot 1. Block 1 6,690 6.690 0 Water Main Plastic Water Service/4" Main 191,120 0 191,120 Joseph A. Spande Addition Lot 1, Block 1 —Extension 28.290 28.290 0 Totals $1,173,870 $342,673 $831,197 Alternate Asbestos-Cement Lined Water Main Replacement $177,160 0 $177,160 The City's responsibility is estimated at $831,197, not including the alternate. The City's responsibility will be financed by it's Utility and Major Street Funds. 17 Ston.:, Serer -=-nt, Surn Clear& grub trees @ S2,000.00/l.s. 52,000 Li 18" RCP CIass 5 @ S32.00/l.f. 17,600 0 LF 27" RCP Class 5 @ S36.00/l.f. 7,560 :.�G� LF PVC drain tile @ S 13.00/1.f. 3 400 6 EA 4' diam. standard CBMH @ S 1,400.00/ea. 8,400 I EA 2' x 3' standard CB @ S 1,000.00/ea. 1,000 3 EA Sump storm sewer MH @ S2,000.00/ea. 0� E 27" flared end @ S900.00/ea. 900 Connect Connect to existing structure @ 5500.00/ea. 1,000 __-np Sum Sodding/ravine restoration @ S7,000.00/l.s. 7000 Subtotal 572,860 + 1017c Contingency 7.290 Subtotal S80,150 + 35% Indirect Costs 28.060 TOTAL STORM SEWER $108,210 Sanitar-v Se-wer Sen-lc. Joseph A. Spande Addition Lot 1 Block 1 EA Service @ S1,500.00/ea. 54,500 Subtotal 54,500 + 10% Contingency 450 Subtotal S4,950 +35% Indirect Costs 1.740 TOTAL SANITARY SEWER $6.690 Water Main A. D.astic Nater Service/4" Mains Replacement 'CO LF 6"DIP water main @ S26.00l1.f. S5,200 LF 1" copper service @ $18.00/l.f. 30,600 EA 1" corporation and curb stop @ 5685.00/ea. 18.500 LB Fittings @ S2.00/lb. 3,200 5 EA Remove and plug 4" tee @ $1,200.00/ea. 7,200 S EA Cut in tee and install hydrant @ $3,000.00/ea 24,000 LS Pressure reducing station @ $40,000.00/I.s. 40.000 Subtotal $128,700 + 10% Contingency 12.870 Subtotal $141,570 +35% Indirect Costs 49.550 TOTAL WATER MALti $191,120 /&0 B. Joseph A. Spande Addition Water-Iain Extension 550 LF 6" DIP water main @ S24.00/l.f. S13,200 120 LF 1" copper service @ S20.00/1.f. 2.400 3 EA 1" corporation and curb stop @ $130.00/ea. 390 1 EA 6" gate valve and box @ $600.00/ea. 600 1 EA Hydrant @ $2,000.00/ea. '),000 225 LB Fittings @ S2.00/1b. 450 Subtotal S19,040 + 10% Contingencv 1.910 Subtotal 520,950 +35% Indirect Costs 7.340 TOTAL, WATER NLUN $28?90 ALTERNATE A. Asbestos-Cement Lined Water Main Replacement Lump Sum Temporary water main service @ $20,000.00/1.s. 520,000 2,600 LF 6" DIP water main @ $26.00/l.f. 67,600 600 LF 1" copper service @ $I 8.00A.f. 10 800 6 EA Connect to existing water main @ $700.00/ea. 4,200 13 EA P corporation and curb stop @ $500.00/ea. 6,500 8 EA 6" gate valve and box @ $1,000.00/ea. 8,000 1,100 LB Fittings @ $2.00/lb. .-)00 Subtotal S119.300 + 107c Contingency 11.930 Subtotal S131,230 + 30% Indirect Costs 45.930 TOTAL WATER NEIN $177,160 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o c o c o 0 0 o c 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0* ci 0 0 0 0 0 0 0 0 0 0 0 o c 0 0 0 LO LO o O O o 0 LO 0 LO LO 0 LO o O o LO LO 0 0 o O o LO LO U) LO LO 0 LO LO LO 0 0 0 o c 7E U7 Lf) L() Ln Lf') Ln Lf) to In Ln U7 LL) Lf) lf) Ln In lt) In Lf) Ln U7 L!) In Lf) Ln LO Ln l!) L() In U) Lf) Ln l!) 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N O p i• L O O U O 3 rn O CD ° cn co 0 v T Q v O = L O f9 C Q J fn .1 0 t N O J O Y � U m o W o ~ O m Z 0 �O 13X CCatlp(1 H F7 � I�--rI--I I •-=,1 L, t -i \��� i \ �� ?lit \,/' U_L 7L l _CCA T ION PLAN Bonestroo 0 Rosene =ACe"IN, MINNESOTAAnderlik d IGURE 1 Associates ,_Ev VIEW PLATEAU �i � PROJECT No. 663 PROPOSED SANITARY SERVICES TO JOSEPH A. SPANDE I st ADDITION, LOT 1 , BLOCK OV'T LOT 4 \ /: i� ��/I�i.:/P\\moi- moi I L ? 1 l I - I I � _ i W AVE- AiAL) HICp I A Vf- VAS 'o Z// X" BRIVOG ON 1,4"IE_ Q 2 rl OUTHRICCE 2z VALLEY P U o. 2 / / EEL H AD— GN9 A09 2-T7 2 IN I 1�'/O-CZ-,A ACR 1 7 HlbHnE L—L 5 E Cr I s INE ROA A=A A NI SIR IE TRC LEGEND INTERNAL SANITARY SEIIER i�z e SANITARY SEWER IMPROVEMENTS Bonestroo EAGAN, MINNESOTA FIGURE 2 OEM Rosene Anderlik VALLEY VIEW PLATEAU IDZ Associates C'ITY PROJECT No. 657 =953"R 0 5.0 wc -998 Comm. a 1 ■ a c c o a a a i� . . . . . . . . . . . . . .. . . . . . . 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ABANDON EXISTING HYDRANT CRVI _ PROPOSED HYDRANT C L D E A I i - _ _ ^ S PLASTIC SE,PVIC r' UPGRADE - �—^��— ALTERNATE REPLACE ASBESTOS CEMENT LINED MAINS/ / j GOVT Lor 4 NOTE Ng- cC5' A.D", S SIS t I I e i 11 /ATER MAIN Z i S S S HIC�1'1,11iY Ai_ �+ -i s2 z j i - Z 31 O < — — �vx �3� <o' VASLLEY V % raLAru41� No.}Z El El 7 \ =/`./ i�� DEL H AO !ON (;`tCSIC 012-77 I GcNAN�A I SKYLINE HCAD Va LEGEND SERVICE DETAIL =H S� ^ s- WATER MAIN s-^ < '.� a - s_ J S SERVICE CONNECTIONS WATER MAIN IMPROVEMENTS Bonestroo 0 Rosene EAGAN, MINNESOTA FIGURE 4 Anderlik b VALLEY VIEW PLATEAU Associates CITY PROJEC' No. S03 /3 'Q-i-52'R07.-'WG _ i� _ � I - I =/~ i� Fr1Gr"J/EN I AVE Hlcr11n ry .x. L -� i ��aN�1 W VAS BRYiGE�ENIAVE! S-ORM SGU7PlP,%GGc A✓E � = . VALLEY' '/I�NPLA�E�U1No. 2�� 1 I �� x 18'1 ';` I 2 AO�y� Acv � � O E=GSHA O l i0 114 C SxYi✓!NE DRIV \ D L„� PARK X.• I �,R/GG r/Ab�EN A � S ECT 11 SK !NE r?CA CR, �--� 7r�' vIL. 1 CONSTpRu_CT \iA EY 102-03 i = = EX S T ii\G ST;-c=-- REV ='NE- R1_S_ C S�L1� S_D �, - - V HOLLS ---------------------------- -- ---------------------------- - 046=0 _-.. HIGHRI DGS �- 3-00 1 044-0050 cc Sccie in feet STORM SEWER IMPROVEMENTS Bonestroo 0 Rosene EAGAN, MINNESOTA FIGURE 5 Anderlik d VALLEY VIE``/ PLAT EAU � Associates CITY PROD . 0 0-63 N /�� �r l 5c� �2.�ruG =_3RLARY 1998 GOVT Lor 4 ASSESSMENT AREA (556 �c oe �o;M STREET R E C 3 N S , CCNSTRUCT NEW CONCRETE CURB & CU I i ER Q 'ADD. 0* 1111 z 3 a s a a 9 it ST AO O I �� HIGHV EW AV ,o $ V o Q� 0,2-0, w pSSPEAPtI p >. tE T6U _3 0S 0eoS mo H�"GI yCVHVIE "J AVE, z 3 tLLJ W ,2 L03 JE W0Z VA. 4 6 z 9 ,o ® P BRGE 3 All 3 L � Gtt` ENTS Cj S (PAR 012-0 °4 3�° ® o t o c~3 i 4p' ' S OO PLAT U2 0.3 2 �� pF a s e ® ,a 3 K AD N TE DR 2 '� DEL H AD lON9 2 EMtp pp F�� SVYLTNE: DRIVE 6 7 ' HIGHVIEw PARK lOG N A SKYi 'N- RCA- ❑ STE HAN 'R �Ct,' L�' iCY C ARES R S C / S D. z TRE FLE V J RUSTIC HILI DR Y j Q N I Q� o Zsa soo N i� ,Kt STREET IMPROVEMENTS eonestroo 0 Rosene EAGAN, MINNESOTA FIGURE 7 � Associates VALLEY VIEW PLATEAU � 0 CITY PROJECT No. 663 49581RC2.DWG FEBRUARY '-_E COMM- 49581 - i 28,'_ zC, 5' is I Ex. BIT. CURB ---------------------= ==1------__-________________-- ---- -- --- - -------- --------- --__-- --------------------- —------------ r -___=============== ---------- 2 r " a - 0 3 .�.minaus (Var;acie T ,c�;ness) xisting Agc-egate Base (Vcricble -^icKness) EXISTING SECTION 30' ! - i 3C' I 28'_zC° 14'- 15' B61 S CONC. DESIGN GRAD= -- 2.00% ! c �yP e 1 4 Bitu^^„nous Y/ ;:-move existi g bit�n^inous 2” T I ype 31 Bitu,rn nous Bcs- Cc :rse curb & bituminous surface. L6L " Class 5 Aggregcte Bese Subgrade prep PROPOSED SECTION STREET WIDTHS All streets are proposed to be reconstructed to existing width. TYPICAL STREET SECTIONS Bonestroo Rosene EAGAN, MINNESOTA FIGURE 8 MEIN Anderlikd VALLEY VIEW PLATEAU Associates CITY PROJECT No. 663 / / cngineers� Architects \49581\49581RC6 F'=9RUARY 1998 C 4 2335 West Highway 36 �,JMM. 9581 ?aul. Minnesota 55113 VALLEY VIEW PLATEAU PROPOSED STREET& UTILITY IMPROVEMENTS PROJECT 663 Preliminary Proiect Schedule • 1992 Project First Identified In 5 Year Capital Improvement Program • December 4, `96 City Council Authorizes Feasibility Report • March 2, `98 Present Feasibility Report to City Council/Order Public Hearing • April 7, '98 Public Hearing—Council Orders Plans & Specs or Denies Project • May, `98 Approve Plans& Specifications • June, `98 Award Contract • June, `98 Construction Begins • October 1, '98 Construction Completed • November, '98 Final Cost Report • December, '98 Final Assessment Public Hearing • May 15, 2000 1"Installment Payment Due With Real Estate Property Taxes Preliminary Costs—Feasibility Report • $ 181,130 Hayes/DeLosh Addition Storm Sewer (Project 689) • $ 483,940 Bituminous Street Reconstruction • $ 174,490 New Concrete Curb & Gutter • $ 108,210 Storm Sewer Improvements • $ 6,690 Sanitary Sewer Improvements • $ 191,120 Water Main/ Service Replacement • $ 28,290 Water Main Extension • $1,173,870 Proposed Total Project Cost • $ 342,673* (29%) Proposed Assessed to Property Owners • $ 798,297* (71%) Proposed Financed by the City of Eagan • $ 177,160 Alternate—Water Main Replacement (100 % City Cost) Proposed Special Assessments • Proposed Assessment: $4,500* per lot within Valley View Plateau • Prepayment option with no interest available for 30 days after Assessment Hearing • Any unpaid balance is certified to county to be collected with property taxes over 15 years • Interest rate is calculated on any remaining unpaid balance at the end of each year • Assuming no prepayment, annual cost: (Assumed 7% Interest) • $930* per year 1St year $78* per month 1S` year • $594* per year 2nd year $50* per month 2nd year • $321* per year 15th year $27* per month 15th year * Assessments based upon Preliminary Appraisal of the estimated benefit to property values. Y"2 CITY PROJECT NO. 663 VALLEY VIEW PLATEAU PROPOSED RECONSTRUCTION STREETS AND UTILITIES INFORMATIONAL NEIGHBORHOOD MEETING MONDAY, MARCH 16, 1998 6:30 P.M. COMMUNITY ROOM MINUTES Attendance: Russ Matthys, Stan Lexvold, Arnie Erhart, Wayne Schwan, Kurt Schlegel, Tom Colbert, City of Eagan and Mark Hanson & Craig Larson; Bonestroo, Rosene, Anderlik & Associates (BRAA) approximately 43 people representing 29 properties (see attached sign-in sheet) A. Welcome and Introduction • City Engineer Matthys welcomed the residents and introduced staff and consultant personnel. B. Pavement Maintenance Program/Capital Improvement Program/Public Improvement Process • City Engineer Matthys reviewed the Pavement Maintenance Program (PMP) and Capital Improvement Program (CIP). - How the PMP can extend the life of a typical street. - Maintenance schedule involved in PMP. - CIP - Public Improvement Process & Utility Improvement C. Street and Utilities Summary • Mark Hanson, (BRAA) reviewed project details. Number of assessable lots, cost estimates, proposed assessments, schedule & construction details D. Questions/Comments 1. What is the past maintenance record? The streets within the Valley View Plateau subdivision have been seal-coated three times. 2. What streets and when were seal coated?/What years?. All of the streets within the subdivision and currently proposed to be reconstructed were sealcoated in 1972, 1975 and 1983. 3. Whatever happened to an overlay of Highview Drive? The Pavement Maintenance program was started in the City of Eagan in 1989. I believe that when the street condition was first rated, it scored less than an overlay rating. It would not have been cost-effective to overlay the street at that time. 4. You knew in 1989 that we were going to get a new street?! In 1992, the City Council included the streets within Valley View Plateau in the five-year CIP. Through prioritization and completing improvements on other prioritized streets, Valley View Plateau has become a top priority for the Council in 1998. The City Council directed the staff to complete a feasibility report regarding said street improvements in December of 1996. The report includes suggested improvements and estimated costs. 5. The $4,500 assessment indicated on the information sheet doesn't really mean anything then? As part of the feasibility report, proposed assessments are estimated according to the City's Assessment Policy. On some projects with significant proposed assessments, in this case Valley View Plateau, the City will request appraisals to be completed. The appraisals establish a range of benefit to the property values within the area of a project that are directly due to the improvements, after their construction. Assessments can not be greater than the benefit the property receives,for this project $4,500 is the appraised benefit. 6. What is the cost distribution per assessment policy? For street reconstruction, as is proposed for Valley View Plateau, 75% of the pavement reconstruction cost would be assessed back to the property owners; the City pays the other 25%. The City also covers all of the costs for adjustments and improvements to the existing public utilities. In the case of new concrete curb and gutter where there was none before, the property owners would be assessed 100% of the costs for the new work. Assessments for the trunk storm sewer are based upon a set fee per square foot of property. 7. The storm sewer doesn't do us any good—we live on a hill! 8. Who paid for the initial storm sewer? The property owners at the time of the storm sewer improvements would have been assessed for the cost of construction. This storm sewer that exists in the neighborhood serves the needs of the adjacent properties and is called lateral storm sewer. The trunk assessment is for the cost of oversizing the pipes downstream of all of the lateral neighborhood pipes to carry the drainage to the ponds, lakes, and river. The ravine improvements known as Project 689, Hayes and DeLosh storm sewer were considered trunk storm sewer improvements. 9. When you say reconstruct, do you mean removing the existing street & replacing with all new? Yes, the existing street would be removed entirely and a new street would be constructed in its place. 10. What are the new water mains that you put in now? The current City standard for water main is ductile iron pipe (DIP). 11. What is code depth for water main? The code is 7' depth within public right-of- wav or easement. Services for homes may be shallower because the frost does not penetrate as deep outside of the street section. Page 2 of 4 rely 12. How would I get access to my property? The contractor is required to provide access to all properties 24 hours a day for emergency purposes. There will be occasions when some equipment may have to be moved to allow access. Temporary driveways may also be constructed. 13. How does the $10,000 estimate relate back to the $4,500 estimate? The $10,000 amount is based upon the assessment policy. The $4,500 is the appraiser's estimate. The City can only assess as much as the value of benefit the property would receive after the construction is completed. The proposed assessments are $4,500. 14. What about some of the appraisals done — why can't we get the info and the results? The appraisals are requested through the City Attorney's office where the attorneys actually contract the appraisal service with an appraiser. Staff does not have contact with the appraiser and does not receive any information from the appraiser. The benefit amount determined by the appraiser is given to the City by the attorney's office. The original purpose of appraisals is to justify an assessment at district court in the face of an appeal. Although we hope not to use the appraisal information for more than determining the assessment amount, if an assessment is appealed this information would be used in court and an attorney client privilege would be invoked. 15. Why does the overhead show 7.5% interest when it shows 7.0% interest on the information sheet handed out? The 7.5% interest is from the feasibility report completed by BRAA. The 7.0% interest is from staff per the recommendation of the Finance Director. 16. Please explain the 30% indirect charge included in the cost estimates? It is an estimate of the costs that would be attributed to the project for engineering, including feasibility report, design of plans & specs, survey work, inspection, hearings, meetings & public contact; bond costs for borrowing money; attorney costs for their involvement and administrative costs, including assessment determination. 17. At what % of what is estimated do we generally final out a project? We try to be conservative with our feasibility report estimates, so they are typically (90% of the time) higher than actual bid price, and thus the final project cost. 18. Is 30% an average or standard estimate of - Engineering, Legal, Administration & Bonding? What do other cities use? We generally use 30% - 35%for estimating purposes. Actual costs would be used in assessment hearing after construction is completed. Cities within metro area consistently use 25— 35%. 19. Is it an equal assessment rate even though some houses were built in the late 50's and some much later? Yes, all properties shall be benefitted equally. Page 3 of 4 20. We are requesting equal treatment to the Oak Chase residents that had been told that the Council and staff would work out a fair assessment value rather than hold to the appraised value which the residents felt was high. That request should be made to the Council at the Public Hearing. 21. How long do we have after the project is complete to appeal? Typically, the assessment hearing is scheduled after completion of construction. Any objections must be received in writing before the hearing or presented in person at the hearing. You have 30 days after the hearing to file an appeal. The assessment hearing could occur prior to construction. 22. When you say per lot assessment — does that include corner lots? Yes, corner lots are treated equally to all other lots. All buildable lots are assessed the same amount for street improvements. 23. Why do storm sewer projects keep going up in cost - $0.079 - $0.082/s.£? The costs are based upon the average construction cost each year. Increases are primarily due to inflation. 24. Is the curbing and driveway cost included? Yes, these costs are included as part of the proposed project and assessments. As little driveway as needed will be replaced with like material to allow the construction of the new curb and gutter. 25. Can we get a copy of the feasibility report? Yes, please write your name and address on the sheet at the sign-up table and I will mail it to you. 26. What style of curb are we going to get? B618 concrete curb & gutter, similar to that in Oslund Timberline. It is a 6" high curb with opening at all driveways for gentle slope at driveway. We can also have curb opening created at non-driveway locations if requested by property owner. 27. Can the street be recycled? The street may be bid for both recycling of the existing bituminous as aggregate base and removal of bituminous to be recycled into new bituminous pavement. SL/cb Attachments: . Sign-in Sheet (i JJJ&MISC:Pruj.b63-Min.wc Page 4 of 4 /el'g INFORMATIONAL MEETING PROJECT 663 VALLEY VIEW PLATEAU MONDAY, MARCH 16, 1998, 6:30 P.M. NAME ADDRESS L14 '/ 3. ltiQi.� l GL�ccC> 473i(�'(�vl'Qc� 4. 5. 7. i1/�r�r� ^/ov�ys/���/1� 2840 s���.�j,�•,c/�o. /-�w � 8. '5-79alf hl 9. 10. l�l /�' f`�'� ��/�/1 D"2S �.� 4J7-2?2 cf�L4,/ 11. 12. 13. ' 4 u���v� � 7� � /fie • 14. 15. 16. L �`�`'`�'-rte ��'t,"I`� �`�s''�j � �• 1L Iq4$' �� vi&'o 18. Gt,�1 20. M 2c C-> .J >- ' H:FORMS/Sign-In/jj NAME ADDRESS 21. SI.IS q-- -Zfc) s,e-S �e✓�, �4 �Gz^ 23. 24 25. 26. 27. 5- 2 28. 29. 30. QA '�oZQ{,/Z �- j H -�1l/1 Fu� Av,, 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. Agenda Information Memo April 7, 1998 C EASEMENT VACATION—PINEIREE PASS ACTION TO BE CONSIDERED: To close the public hearing and approve/deny the vacation of public easements within Pinetree Pass Addition and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On March 5, 1998, City staff received a petition from David Hinners representing Lundgren Brothers Construction, Inc., the developer of the Pinetree Pass subdivision, requesting vacations of drainage and utility easements within the proposed plat. • The easements were originally dedicated for the purposes of sanitary sewer, storm sewer, drainage, and access upon the John Brown property. The easements provided utility and drainage access for the Beacon Hill, Brittany, and Walden Heights Additions. • The existing easements were created along direct alignments through the unplatted property. Alignments where not established with regards to a future single family subdivision. • The utilities and access rights within the easements proposed to be vacated will be covered by public right-of-way and easements dedicated on the final subdivision plat of Pinetree Pass at the time of recording. The vacations will avoid future title problems with underlying easements. • Public notice for the easement vacation was published in the City's legal newspaper. Additional notices were provided to public utility companies and adjacent property owners. No objections have been raised prior to the preparation of this report. • This vacation request has been reviewed by the Engineering Division and found to be in order for favorable Council action subject to concurrent recording of the plat of Pinetree Pass. ATTACHMENTS: • Location map,page . • Easement Vacation Maps,pages and . �Y9 Q -" I�WAL:NUT CT. � I LiF� ROAD �I wA'r o B CONS LANCASTER R1C +ARD'S Ij H� L�. (: t�1Y;fit. J s l '..............'..:. •'.... r_ DELORES I I ti,/GS 2 19 LA. w . 111 ' �wEi z , ` C COVIN ON Tri J C:VC t� O TON U c` Ir . RK 'DN C 'NEL_. ',;R• //� 'HER. uI Uzi - �Onn I Z r I I vc,4h'fl:�T J'�J -AK C city of eagan PUBLIC LOCATION MAP WORKS DEPARTMENT �SC/ q�u 1.�+'_,-, e - -...�•. I AA If yljl I 1 I alll I.00 ,1I _ },� / �r•1 ^,s+�`'� 'iib`� , I/A�' t!�� — y\ 7r NN_ ,i ti� ` • � STI':: INS Y q'yL Ys jr STC t city of eagan PUBLIC EASEMENT DOCUMENT 895358 WORKS EASEMENT NO. 1,2,3,4,6 DEPARTMENT .� ,C,:i ..�i:� I�^�I .mom�.v wna v ,.a.n,.v••., +.Pr,.,av I r;,;,;1.;`;,._` :I Id �I — — �F2 fl FRO Z s� v� T 7 \ �,�'✓/ Am vp mi — -4 ale! G � � •� oIN U(V M wR T M -�'4-- city of eagan ifPUBLIC ■ I EASEMENT DOCUMENT 487307 WORKS DEPARTMENT Agenda Information Memo April 7, 1998 Eagan City Council Meeting D. VARIANCE (4329 WOODGATE LANE NORTH)-JOHN VOGSTROM ACTION TO BE CONSIDERED: • To approve or deny a 7.5 foot Variance to the required 30 foot front yard building setback from a public right-of-way for Lot 54, Block 1 Mallard Park 4`h Addition, located at 4329 Woodgate Lane North in the NE 1/4 of Section 29. FACTS: • The applicant is requesting a 7.5 foot variance to allow the construction of a single family home that will have a total lot coverage of 3,000 square feet. The variance is requested because it appears that shifting the proposed home will likely destroy one or more significant trees. The applicant also believes that a ponding easement and minimum valuation covenants further restrict the design flexibility associated with this lot. • The lot immediately to the west of the subject lot is vacant. The lot immediately to the east contains a ponding easement on its south side and takes access from Brant Circle. ATTACHMENTS: • Staff report, pages ZL`- 'hrough 153 PLANNING REPORT CITY OF EAGAN REPORT DATE: March 20, 1998 CASE: 29-VA-04-03-98 APPLICANT: John Vogstrom HEARING DATE: April 7, 1998 PROPERTY OWNER: EHW Properties PREPARED BY: Erik Slettedahl REQUEST: 7.5' Variance Front Yard Building Setback LOCATION: 4329 Woodgate Lane North COMPREHENSIVE PLAN: D-I (Single Family Residential) ZONING: R-1 (Single Family Residential) SUMMARY OF REQUEST The applicant is requesting a 7.5 foot Variance to the required 30 foot setback for a dwelling unit along a public road right of way in an R-1 single family residential district for Lot 54, Block 1 Mallard Park 4`h Addition (PID410-47253-540-01) in the NE '/4 of Section 29. 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: 1. 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. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. CODE REQUIREMENTS City Code Section 11.20, Subd.6, requires a thirty (30) foot setback along a public right-of-way for a building in a single family residential district. /'5/ City Code Section 11.2., Subd. 3, states that no nonconforming structure shall be erected, converted, enlarged, reconstructed, altered, or changed in any manner which is not in conformity with this Chapter without a variance. BACKGROUND/HISTORY Mallard Park 4`h Addition received Final Subdivision approval on August 1, 1995. There were no setback variances granted at the time of subdivision approval for any residential lots in this subdivision. EXISTING CONDITIONS 25 of the 63 single family lots in Mallard Park 4th Addition are custom grade lots, including the subject lot. A 1.8 acre pond (BP-23) is located between lots north of Woodgate Lane North and south of Brant Circle. To protect the pond, an ungraded buffer strip of natural vegetation was required to be maintained 15 feet back from the edge of the wetland. The subject lot is north of Woodgate Lane North and is 25,000 s.f. in area, approximately 15,100 s.f. of which is located outside a drainage easement for pond BP-23. The subject lot is heavily wooded. According to the tree preservation plan, only two of the existing trees are considered significant and were not planned for removal. The applicant has further reviewed the site and has determined three other trees that are over 11" in diameter. The developer is required to install fencing at the critical root zone around all trees that are to be saved at the time of lot development. There is an approximately 8' rise in grade from the right of way to the west center of the lot. From that point, the lot slopes down 8' to the pond. There are nine lots in this subdivision that take access from Woodgate Lane North including the subject lot. Four of the nine lots have existing single family homes, all of which meet the required 30' setback; however, three of these lots are located at the west end of the subdivision and do not contain any ponding easement. The lot immediately to the west of the subject lot is vacant and the lot immediately to the east takes access from Brant Circle. EVALUATION OF REQUEST The applicant is proposing to construct a single family home on the subject site that will have a total lot coverage of approximately 3,000 square feet. The proposed structure meets all side, rear, and easement setback requirements but will encroach 7.5' into the required 30' front yard setback. It appears that shifting the home, as proposed, will likely damage or destroy one or more of the three significant trees the applicant would like to save. APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant, a lot of work went into designing a home that would fit on this lot despite the restriction of the pond and the existing trees. The applicant believes that a variance of 7.5' to the required 30' front yard setback is necessary to save as many existing trees as possible and still remain outside of the pond setback requirements. The applicant also believes that because there are no existing homes adjacent to the property, the 7.5' encroachment will not have an impact on the open space or character of the neighborhood. /S� Also, according to the applicant, private covenants require that the home must have a valuation of at least $250,000.00, further limiting the flexibility of home design. SUMMARY/CONCLUSION The applicant is requesting a 7.5' Variance to the 30' minimum front yard setback requirement for lot 54, Block 1, Mallard Park 4`h Addition for the purpose of saving as many existing trees as possible and meeting other requirements associated with this lot. ACTION TO BE CONSIDERED To approve/deny a 7.5' Variance to the required 30' minimum front yard setback for a single family residential building along a public right of way for Lot 54, Block 1, Mallard Park 4th Addition. 4b� City of Eagan Lomfion Map ®® EE �® .� EE .t C.S.A.N.NO.30(DIFFLEY ROAD) --- C.S.A.N. NO. 30 (DIFLEY ROAD) , 0 '4*t D ®® E b� AP Sub'ect Site ®®®®®®®®® o= X 9y w ro 1 111® 44' AY r n / I 400 0 400 800 1200 Feet John Vogstrom Variance Case No. 29-VA-0403-98 A+E City of Eagan Community Development Department /� Existing Conditions Map ti Y,_. / v Brant Circles ,� I'F�I j ane Horth �N00 Sub'ect Lot J � 100 0 100 200 300 400 Feet Mallard Park 4th Addition --- Mallard park 4th Addition Existing Home 2- Elevation contour 0 Parcel Lines 0 Water /�� City of Eagan Community Development Department Certificate of Survey r r �F VOGUE DESIGN & REALTY 3080 Shields Drive Suite 105 Eagan Minnesota 55121 A5 kp POND N 8 x31.4 / ' \ ._ — •' / 7 *1E 1 - \ 1 INCH = 30 FEET, \\ 58875,15,E \\ 54 934.19 042.0 tp4.24 ��f' t� e40.e � a' eo 937.9 4.21 p 937.1 N A\, r937 �\ � '' � 936.3 // r•� � Q v�� vo \dP 34.7 foe/�o� �a / QX� rf/ad' Quo 5��� 931.3 + / 934.27 934'52 .ASO j LEGEND / / • = Iron monument found O – Iron monument set and marked NOtE. wq1 a[au1RE VME11tt FOR marT SMACK with license No. 23968. / —O = Denotes offset iron = Denotes drainage k utility easement / x SMO = Denotes existing elevation - Denotes proposed elevation from grade or development plan �--– Denotes drainage orrow 8torings shown are assumed Lot 54 Block 1 PROPOSED ELEVATIONS MALLARD PARK Top blocrk Nei. 937.50 = 939.25 Lowest floor elev. – 931.50 4TH ADDITION 3rd level elev. - 937.50 OPAGE DAKOTA COUNTY, MINNESOTA Drawing File: .DWG Subject to easements of record, if any. Project No. 98175M I hereby certify that this survey, plan or report was prepared by ^ RLK — Kuusisto, Ltd. r. me or under my direct supervision and that I am a duly Registered , \ 8110 Blue Circle Land Surve r under the I ws of the State of Minnesota. Suite / 10000 Minnetonka, Mn. � / TD 55343 m/✓� y� )14",-4 I qe— (et2) 933-0972 c,r,oeo Fez: (8 12) 99:1-1159 -J KurtM. Kisch, MN License No. 23968 Date. T LE /=' P� Esc r V+Tl 14 LOT S4 16 -oc/c l ?'fRLLA iCD A �c6 FES o CJ AJ - �N w P4,cPol,� u r) 6 0ESi61Li LoNTrl-CT ', JOflj UOCI<-7 � p&- o -0rF Lo q t14 -mac POND J •� � U�`�3 -,7 � o � r., G r W of ice 031.9 1001.00.0, 30 SSE o QO pl / C-kc "y Cf-IGuSC- s 1� 10, /�V \� I - - i I - i Agenda Information Memo April 7, 1998 Eagan City Council Meeting OLD BUSINESS A. CONDITIONAL USE PERMIT(AT&T WIRELESS SERVICES) ACTION TO BE CONSIDERED: To approve/deny a Conditional Use Permit to allow a 100' tall communication monopole and equipment building on the NE portion of the Parkview Golf Course at 1310 Cliff Road located in the NW Quarter of Section 34 subject to conditions in the Advisory Planning Commission minutes. FACTS: • The current proposal provides a 310' setback of the monopole from residential property and the equipment building is located in excess of the required setback of 50' from the proposed southern edge of the Cliff Road right-of-way. • At its regular meeting on February 24, 1998, the Advisory Planning Commission recommended approval of this Conditional Use Permit. ISSUES: • Several area residents have voiced opposition to AT&T's application, either in person, at the public hearing, or in writing for aesthetic reasons and impact to property values. • At its regular meeting on March 2, 1998, the City Council continued this item and imposed a 60-day extension of the agency action deadline requirement in order for AT&T to review alternate sites and to allow staff to hire a communications expert to review AT&T's proposal to determine if suitable alternate sites would be available. • ATTACHMENTS: (5) • City Council minutes of March 2, 1998 on pages through . • Consultant correspondence on pages throu h • AT&T correspondence on pages /23 through 7 • APC minutes of February 24, 1998 on pages through . • Staff Report on pages through�. /CJ EAGAN CITY COUNCIL MEETING MINUTES;MARCH 2,1998 PAGE 7 tEW BUSINESS CONDITIONAL USE PERMIT-AT&T WIRELESS SERVICES City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Peter Beck,representing AT&T Wireless Services,discussed the limitations AT&T has been faced with in trying to find a suitable location for the antenna in order to provide adequate coverage. He said they have not been able to identify any other site that will address this need. He identified the other sites they looked at and the problems associated with locating an antenna on these sites. /9,3 EAGAN CITY COUNCIL MEETING MINUTES;MARCH 2 1998 PAGE8 Councilmember Wachter asked if they had explored locating the antenna on a power pole. Mr. Beck said the height would not be suitable to deliver the signal. Councilmember Awada asked Mr. Beck to explain why this particular location on the golf course is the only location suitable for the antenna. Mr.Beck stated that to the east the elevation drops about 100 feet and the location would start to be out of the search area. Councilmember Wachter asked if they explored a site at the Dakota County park to the east. Mr.Beck said that this site would be 120 feet lower than the golf course site. He mentioned that changing the location to another area of the golf course would have an impact on how well the antenna would function and would also require an access road and buried utilities which would impact the golf course. Councilmember Wachter suggested the site be located farther south and west over by the 18th hole. Mr. Beck said they have considered that area and there is some grade change that would make it more difficult but not impossible. He added that the overwhelming concern is that the 18th hole is a signature area of the golf course and to move in heavy equipment would be undesirable. Councilmember Awada said that the owner of the course plans to build a new clubhouse next year. Mr.Beck stated that he has not had discussions with the owner about those plans. Further discussion occurred between the City Council and Mr.Beck regarding a number of alternate sites. Mr.Beck explained why the alternate sites were not suitable. Councilmembers felt that the appropriate signal could still be delivered if the antenna was moved a few feet to another location on the golf course. Mr.Beck presented pictures of antenna towers. Councilmember Awada stated that there is no vegetation on the site. She added that the Council is in support of technology,but AT&T needs to understand the concerns with the location of towers near residential homes. Mayor Egan said that there are prudent and feasible alternatives on the golf course other than this site. He added that it seems as if AT&T has been inflexible in looking at these alternative sites. Councilmember Wachter asked if it is possible to design the tower to look like a tree. Mr. Beck said that it is not possible to make the tower look like a Minnesota tree. Councilmember Blomquist stated that she finds it hard to believe that technology has to be located in such a confined area. Mr. Beck said there is no existing water tower or industrial land in the area to locate the antenna on. He added that Eagan's ordinance leaves them with very few options. He stated that AT&T has been doing their best to make this antenna fit in. Councilmember Blomquist said that if this is such a difficult site the City Council should find a site that could be used by multiple users. Mr.Beck agreed that the site should accommodate multiple users. Mayor Egan noted that the ordinance requires co-location. Councilmember Blomquist said she would like to hear from the Parkview Golf Course owner on what he feels is reasonable for the golf course. Councilmember Wachter said that other acceptable sites might include the southeast corner of the golf course,Oman Park,south and west of the golf course or the northwest corner by the golf course. City Attorney Sheldon stated that the City Council has to act within 60 days on a zoning application or request for a conditional use permit or they can extend action for an additional 60 days to get further information. Councilmember Awada said the City may need to hire an expert to determine if what Mr. Beck has said about the site is correct. She mentioned that the City Council supports the idea of a pole in this general area but they want to ensure the impact is minimal. Mr. Beck said that the site has to be acceptable for the golf course owner and for AT&T. He further said they cannot move the site significantly further to the south because the tower will not provide adequate coverage. /V/ EAGAN CITY COUNCIL MEETING MINUTES;MARCH 2,1998 PAGE Mayor Egan stated that staff should work independent of the applicant to determine the most appropriate locations. Mr. Beck said it makes sense for the City to determine the most appropriate sites on publicly owned property,but added that this is a land use regulatory exercise and he said he did not know if the City has the authority to pick the locations. Mayor Egan commented that there is no scientific data that this is the best and only site. Councilmember Awada said she would like staff to be able to answer the question of whether there is a three block radius that the site needs to be located in to provide coverage the eastern portion of Eagan,Rosemount and Apple Valley. Mr. Beck said that AT&T has filed three applications,all of which comply with the ordinance, and he does not feel they will file a fourth application. He said they would be happy to continue to work with staff to try and move the tower to a different location on the golf course. He further said that they have made every effort to work with the City and to comply with all the regulations. Councilmember Masin asked if there is a problem with the City's ordinance and questioned if the City should determine the sites where these towers should be located. Councilmember Awada moved,Councilmember Wachter seconded a motion to continue the consideration of a Conditional Use Permit to allow a 100 foot tall communication monopole and equipment building on the northeast portion of Parkview Golf Course located at 1310 Cliff Road in the northwest quarter of Section 24 for up to 60 days to provide additional study on the application. Aye: 5 Nay: 0 City Administrator Hedges stated that the residents will be re-noticed. He asked the Council if they werg granting the authority to hire an expert to determine if this is the most appropriate site for the tower. Mayor Egan said he would like to get cost estimates prior to spending any funds. 16,5- APR-03-1998 07 47 J.J. NELSON 612 825 8972 P.01/07 APR 0 3 1998 W. M. Montgomery & Associates 18321 Ridgewood Road - Minnetonka, MN 55345 - Telephone (612) 470-1099 Reply to: 4921 Fifth Avenue South • Minneapolis, MN 55409-2644• Telephone (612) 1125-6390 April 3. 1998 Honorable Mayor&City Council.Members VIA FAX City of Fagan 7 Pages c/o Mr. Mike Ridley, Senior Planner 612.681.4612 3830 Pilot Knob Road Eagan:, MN 55122-1897 Re: Conditional Use Permit Application-AUT Tower- Parkview Golf Cow-se Case FIle 34-CU-01-01-98 Dear Mayor, Council Members, and Mr. Ridley: Thank you for the opportll ty to provide this independent review of the above referenced matter. This letter provides our opinion of proposed construction of a 100 foot monopole antenna support tower on the property located at 1310 Cliff Road in Eagan. This construction has been proposed by AT&T Wireless Sendoff (AT&T)as part of their wireless network build-out in Dakota County. 1. Basis of Review our review consisted of: a. Site visit to the area in question; b. Review of file correspondence furnished by Mr. Ridley;' c. Meeting with AT&T representatives. At that meeting both measured and proposed RF propagation information prepared by the carrier was reviewed.2 ' Ynclnded in the docume~nm provided us by the City were: Pismoing Report authored by Ridley dated Febniwy 13, 1998;draft City Council meeting minutes from March 2, 1998; ,Advisory Planning Commffision Memo(and draft ordinance)authored by Steve Dorgan dated March 18, 1997;Memo ooncetmCwg ordinance amendment dated Jane 19, 1997 authored by Lisa Freese;Development Application prepared by AT&T dated January 20, 1998;Memo regarding Arrbemna Ordinance dated November 20, 1947 authored by Mike Ridley;co,ot=plated alternative tower locations fazed by Mille Ridkey. 2 Additianal idorwataon reviewed included predicted coverage propagation plots; wpographic map comms;measured drive test data reflecting existing area coverage anomalies;site plan;elevation drawing; survey information;ant um configuration;photo montage; application cover letter;zeroing Communications Systems- Planning & Engineering R=985/. /" 612 825 8972 04-03-98 08: 51AM P001 #22 APR-03-1998 07 48 J.J. NELSON 612 825 8972 P.02i07 Mayor, Council Members, Mr. Ridley Page 2 - April 3, 1998 d. Consideration of adjacent AT&T wireless sites. e. Meeting with Mr. &Ms. Donald W. &Ann Z. Larsen (owners of the property where the proposed monopole would be installed)? 2. Questions to be A,dd rmW in This Review Based upon my discussion with Mr. Ridley and his letter authorizing this work, I understand that this review should consider: a) whether AT&T's tower is needed at the location set forth in their application; and, b) if there are other suitable adjacent locations as described (in the context established) by City Ordinance and policy. We have addressed these questions based upon information provided to us, our knowledge of radio communications system design and radio frequency (RF) propagation, and other factors as referenced by footnote in this letter. For the record we have no business affiliation with the applicant (AT&T) nor the property owners at the Parkview Golf Course. 3. Background a. AT&T has a demonstrated history of co-locating their systems on existing public structures when it has proven possible to do so. Additionally,AT&T has been similarly willing to co- locate on privately owned structures where possible. For example, AT&T has existing wireless sites on water tanks° in Prior Lake, Mendota Heights, Lakeville, Burnsville, and a host of other comununities throughout the Twin Cities metro area. AT&T has installed their antennas/equipment on existing structures (e.g. grain elevator in Burnsville, self- support tower in Inver Grove Heights, County owned radio tower in Shakopee, privately owned radio tower in Houltan, Warm an)because these structures were available and met their wireless system performance requirements. Our past experience advising other Twin City area governments is that AT&T will pursue placement of their antennae/equipment on existing facilities where practical. district data;And adjacent cell site data. 3 At our nest Mr.J arsen fiuuisW us with copy of a map of the layout of the northern third of The golf courso property. 4 This mformahm is Available w the public record of lite respective comammides where these fAcWties are located. 4 R=98� 612 825 8972 04-03-98 08: 51AM P002 #22 APR-03-1998 07:48 J.J. NELSON 612 825 8972 P.03/07 ij Mayor, Council Members, Mr. Ridley Page 3 - April 3, 1998 b. AT&T now proposes to construct a 100 foot monopole structure on the Parkview Golf Course property located at 1310 Cliff Road. This action to seek a Conditional Use Permit (CUP) follows previous, unsuccessful attempts by AT&T to secure permission to build on the City property on Cliff Road near the municipal water facility. s c. In reviewing this application I note that §11.10, Subd. 31 (D) (2) permits a 100' antenna tower only in Limited Industrial (I-1), General Industrial (I-2), and Public Facility ("P) Districts. I robe that there are no "I-1" or "I-2" developments in the target coverage area but that there are several "P" districts nearby. The suitable "P" districts are primarily confined to the golf course. I have inspected existing AT&T system performance as reflected in empirical drive test data. I have compared that drive test data against predicted coverage goals desired for improvement of their system. I have also conducted an on-site review of candidate lands which are p xhnate to the target coverage area having suitable topography for installation, maintenance, and performance of a cellular system. From these actions I note that AT&T's selection of the Cliff Road locatione closely correlates to current system problems on Cliff Road, Pilot Knob Road, Lexington Avenue, and County Hwy 38 to the south as well as their goal of improving coverage to the east, southeast, and southwest of the proposed site. 4. RF Design Considerations Federal Regulations' prohibit local authorities from unreasonably discriminating against the construction of functionally equivalent wireless services. Local authorities are also pre-empted from unilaterally prohibiting wireless services. AT&T has a significant competitive interest in providing mobile aW portable communications capability of the highest quality and constructing the facilities at reasonable cost. AT&T's ability to deliver top quality wireless communications is predicated upon offering uniform radio signal strength levels (RF propagation) within their service area, In my opinion AT&T now has a coverage gap which cannot be satisfied by use of existing sites. To do this AT&T continues to establish a "patchwork quilt" of radio sites which must interlock in terms of relative coverage among the various sites. Therefore, from this information I have concluded that addition of a site such as the one proposed in the instant application is necessary to facilitate AT&T's network build-out objectives. 5 Sea Coamnoe®ts of Fsgan staff report dated Feb nary 24, 1998. 6 origkw water treatoaemt property site,prior application,and instant application. 7 Tet Act of 1996. R=98/ 612 825 8972 04-03-98 08: 51AM P003 #22 APR-03-1998 07:49 J.J. NELSON 612 825 8972 P.04/07 Mayor, Council Members, Mr. Ridley Page 4 - April 3, 1998 Based on our review of propagation information furnished by AT&T we conclude that applicant has gone to significant lengths to improve their network in the area adjacent to the Parkview Golf Course to provide robust RP propagation. AT&T has constructed or is in the process of constructing the following area sites which most directly serve the City of Eagan: Lazwon &atu Hwy 77/Diffley Road Monopole- In-service 135-EAXMey Road Monopole- In-service Inver Grove Hts Shared Tower- In-service Hwy 55/Hwy 3 Monopole- Pending I-494/Delaware 'W'ater Tank- In-service I-494/Hwy 55 Monopole- In-service 5. Analysis To prepare our response to questions referenced in 12 above we considered: a. Parkview Golf Course Site (Instant Application) - Scenario#1: Land topography in the vicinity of Pilot Knob and Cliff Road is rolling. Proposed site elevation of 1,028 feet AMSL near the base of the bower permits AT&T to limit height of the antenna structure to 104 feet. Additionally, at several surrounding locations the arterial roadway is "cut through" the land or follows the natural contours of the land making the roadway geographically lower than surrounding developed/undeveloped areas. The intersection of Cliff and Pilot Knob Road is one such example. These low lying areas present particular challenges to the provision of top quality wireless communications service particularly at higher frequencies such as those used by AT&T. These low lying areas translate into dropped calls, reduced opacity, or customer service complaints about call quality for AT&T system users. Land topography undulates with some of the highest vicinity ground being on the north end of the Parkview Golf Course property. Location of the northern third of the golf course on the "knob" of the hill makes it a good candidate for a wireless communications site, While theme are other similarly high locations immediately adjacent to this north end of the golf course(e.g, residential development north of Cliff Road) they are not zoned to permit installation of a 100 foot wireless tower." s Exmoon is fire City land near the waW treatment plant and(now dish mded form water tower). An appimhm for this location has already bfta filed by AT&T and rejected by the City. /0 R=98% 612 825 8972 04-03-98 08:51AM P004 #22 APR-03-1998 07:49 J.J. NELSON 612 825 8972 P.05i07 Mayor, Council Members, Mr. Ridley Page 5 -April 3, 1998 Emctively a rectangular "corridor" of suitable land exists which extends east from Pilot Knob Road to about 3,600 feet east of Pilot Knob Road along Cliff Road. This corridor has a north-to-south range of less than 1,000 feet from the Cliff road right-of-way extending to the south and north. AT&T proposes to place their tower near the northeastern corner of this corridor adjacent to the 3rd green and 4th tee on the golf course. b. Park Land-Scenario#2: We examined park property south of Cliff Road and Fast of the proposed location identified in Scenario A. Ground elevation falls off precipitously in this area resulting in the need(for a carrier having an existing network layout such as AT&T's) to increase the height of an antenna structure proportionately to compensate for the lower available ground elevation and achieve the desired coverage. c. Golf Course Alternative Locations - Scenario #3: As already reported, effective performance of AT&T's proposed wireless facility requires that the antenna structure be positioned to "see" existing coverage holes and have an appropriate vantage point to improve coverage to the east, southeast, and southwest. While high ground locations exist on the golf course further south of the proposed location set forth in Scenario #1, none of them provide year round access nor could tate be constructed without altering the design of the golf course. We discussed alternative locations on the golf course property with Mr. Don Larsen (the property owner). Mr. Larsen carefully articulated his plans for improvement of the golf course. Those plans have been thoughtfully considered to permit re-distribution of existing soil, maintain the competitive character of the course and concurrently stay in full operation during the playing season. Based on our meeting we understand that Mr. Larsen will not be willing to consider locations for the tower which encroach on the "playable" area of the golf course. To do so would require that additional access trails be installed which reduces the competitive character of the course and therefore affects his business. 6. Conchmion Finding suitable acceptable site locations for a wireless communications facility requires that a proposed site: a Be located properly to provide needed RF propagation (i.e. have suitable ground elevation, adjacent terrain, adjacent sites, service population); b. Be "zone✓-able" (i.e. stand a reasonable chance of zoning approval); c. Be "construct-able" (i.e. have suitable soil, land area, access, utilities, and other features necessary to support a wireless system); R-98% 612 825 8972 04-03-98 08: 51AM P005 #22 APR-03-1998 07 50 J.J. NELSON 612 825 8972 P.06/07 Mayor, Council Members, Mr. Ridley Page 6 -April 3, 1998 d. Have a willing property owner; e. Meet regulatory requirements (i.e. local ordinance, FAA regulations, etc.) To our knowledge: o no application except for AT&T's pending application meets all of the foregoing requirements and offers similar co-location benefits. and a we are unaware of any alternative sites which meet the same requirements as well as the location presented in the instant application which have not already been considered and formally rejected by the City. On this basis it is our opinion that while other alternative sites may exist which could be suitable (e.g. City water treatment property and playing area of golf course) neither of these alternatives is acceptable to the respective property owners. Further none of these alternatives are known to be present before you in the form of an application for consideration. Therefore, Scenario #1: • Provides coverage which meets the service objectives of AT&T. • Provides for limited co-location of another wireless carrier. • Satisfies City ordinance for land use. • involves a willing property owner. For these reasons we believe that Scenario#1 meets the requirements of the City's ordinance while simultaneously satisfying the RF propagation requirements of the applicant making it the best available location for consideration. R=98% 612 825 8972 04-03-98 08: 51AM P006 #22 APR-03-1998 07 50 J.J. NELSON 612 825 8972 P.07/07 Mayor, Council Members, Mr. Ridley Page 7 -April 3, X998 Thank you for the opportunity to be of service. If you have questions concerning these conclusions or our work on your behalf please feel free to call. sincerely, W.M. Montgomery &Associates Nd4o,� eff Nelson (512) 720.5843 - 'Voice- Direct (612) 825.8972 - FAX TOTAL P.07 R=97% 612 825 8972 04-03-98 08: 51AM P007 #22 6127214770 6127214770 ATT WIRELESS SERVICE F-596 T-021 P-002 APR 03 '9B 09:07 ATT Cellular Division AT&'f wirgiC_SS&uv+r.N, 25?5 24th Avenue South Minneapolis. MN 65406 612 721-1660 FAX 612 721 4770 April 3, 1998 APR 0 3 1998 Mike Ridley Senior Planner Eagan City Hall 3834 Pilot Knob Road Eagan, MN 55122 Re: Conditional Use Pert-nit Application Wireless Communication Antenna Site(Parkview Golf Course) Dear Mr. Ridley: In response to the comments and direction given by the City Council at the March 2nd meeting, AT&T Wireless Services("AT&T")has completed the following additional research on the locations recommended by the Council. March 10 AT&T representatives Ted Broich (System Development Manager), Ro;1 Mielke (Real Estate Manager), and Dawn Burrows (Site Acquisition Associate)meet with Mike Ridley to clarify the instructions given by the City Council. Ridley states that basically the Council is recommending three alternative sites. 1)west of the current site, near the clubhouse. 2)the southeast corner of the golf course, and 3)the southwest corner of the course, including the city park property adjacent to the golf course. Broich, Mielke, and Burrows conduct an on-site review of the three locations_ March 12 AT&T Engineering and System Development departments meet to review,the City Council-s recommended areas. AT&T's radio frequency engineers advise system development that: 1)the site to the west would be acceptable from an RF standpoint, and 2)a site along either the southeast or southwest edge of the golf course would create signal problems on Cliff Road between Johnny Cake Ridge Road and Lexington Avenue, and; to a lesser extent,along Pilot Knob Road south of Cliff Road. March 19 At the City's request, Ted Broich, Ron Mielke,and Dawn Burrows meet with Don Larsen (owner, Parkview Golf Course) and Chuck I call (owner's consultant)to discuss the Council's recommended alternative sites. Larsen and Hall state that the plans for remodeling and expanding the current clubhouse leave no room for the rnonopole i that area_ They further state that the access roads required for the other two altornat:vc qG7 Recycled Paper 123 6127214770 6127214770 ATT WIRELESS SERVICE F-596 T-021 P-003 APR 03 '98 09:07 Mike Ridley April 3, 199$ Pa,,e 2 sites are not desirable. As there is not access to the golf course from the south, a site in that location would require construction of a road that would run, at the very least, approximately half the length of the course. March 20 AT&T Engineering and System Development departments meet to discuss all possible locations. The requirements of Parkview owner, Don Larsen, are reviewed. March 23 Ron Mielke meets with Dave Zech (Administrative Design Engineer) of the Dakota County Highway Department to discuss and obtain copies of the plans relevant to the widening of Cliff Road. Mr. Mielke confirms that the proposed location of the site would not impact the location of the widened Cliff Road. Marek 24 Ron Mielke and Dawn Burrows meet with Mike Ridley to discuss the responses of Don Larsen and Chuck Hall to the City's recommended alternative locations_ Mike indicates that the City has hired Jeff Nelson to review the proposed site and the Council's recommended locations in regard to the engineering requirements of the site. It is agreed that Mr. Nelson will meet with AT&T engineers and staff to review the project. April 1 Jeff Nelson meets with AT&T engineers Ron Humphrey and Joe Beck, and Ted Broich, Ron Mielke, Dawn Burrows, and Peter Beck(AT&T counsel). The three alternative sites recommended by the City are reviewed and discussed_ Mr. Nelson is provided with materials including coverage maps,a topography map, information ori AT&T's surrounding sites, etc.,to aid in his research. April 2 Ron Mielke meets with Jeff Nelson to clarify some of the points discussed in the previous day's meeting. Thank you,Mike, for the time and effort you have put into this project. We look forward to completing it in such a way that is acceptable to the City, fitting with the area, and technically feasible within our network. Pleasc contact me at 844-6771 should you have any questions. Sincerely, Dawn F. Burrows Site Acquisition Associate y Page 2 February 24, 1998 ADVISORY PLANNING CMWISSION PUBLIC HEARINGS CONDITIONAL USE PERMIT AT&T WIRELESS SERVICES Commission Chair Heyl opened the first public hearing of the evening regarding a Conditional Use Permit to allow a communications tower to be located at 1310 Cliff Road in the NE portion of Parkview Golf Course, one quarter mile east of Pilot Knob Road, south of Cliff Road in the NW'/4 of Section 34. Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in City staff s planning report dated February 13, 1998. Mr. Ridley also highlighted the previous history of AT&T's request for a communication tower in this portion of Eagan. Mr. Ridley noted that the applicant's proposal complies with the recently amended City ordinance regulating free-standing communication towers. Peter Beck, an attorney representing AT&T, addressed the Commission. Mr. Beck explained the technology of cellular communication and explained the applicant's siting process which included the capacity of AT&T's coverage with and without the proposed tower. Mr. Beck stated that he believed the neighborhood concerns were with the pole's visibility, the health impact of cellular antennae and the effect on their property values. Mr. Beck provided the Commission with studies and summaries thereof addressing the effect of antennas on property values. A neighboring resident asked the Commission to delay its decision on the tower, citing that the tower's location is incompatible with residential property and lowers the value of the existing homes. The resident expressed concerns that the City should address alternate sites and the availability of co-location. Another resident expressed his concern over the impact on property values and further noted that the recent amendment to the antennae ordinance resulted in the tower being relocated only an additional 30 feet. Member Huusko inquired as to the possibility of co-location. Mr. Beck indicated that the monopole could accommodate a second user at a height lower than AT&T's antennas and furthermore while a third user may be a possibility, any increased height to the pole would require another conditional use permit. In response to an additional question, Mr. Beck responded that locating the monopole further south would be more disruptive to the golf course and require an access road. Additionally, there is a significant grade change from north to south. /�1� Page 3 February 24, 1998 ADVISORY PLANNING COMMISSION Commission Chair Heyl expressed the need for cellular towers due to the demand for services by residents. Ms. Heyl further stated that the proposal meets the ordinance requirements. Member Frank indicated that he believed the distance of the pole from residences is a reasonable requirement which has been met by the applicant. Member Frank moved, Member Heyl seconded, a motion to recommend approval of Conditional Use Permit to allow a communications tower to be located at 1310 Cliff Road in the NE portion of Parkview Golf Course, one quarter mile east of Pilot Knob Road, south of Cliff Road in the NW'/4 of Section 34, subject to the following conditions: 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of City Council approval. 2. The Conditional Use Permit provides for a 100-foot tall communication monopole and an equipment building as shown of the site plan dated January 19, 1998. 3. No equipment or antennas may exceed 100' in height. 4. A building permit shall be obtained for the erection of the monopole and equipment building. 5. The applicant shall provide the City documentation, from a structural engineer, confirming the structural in of the proposed monopole. 6. No signage other than for public safety warnings or equipment information shall be affixed to the tower or equipment building. 7. No artificial illumination shall be allowed on the tower except when required by law or by a governmental agency. 8. Landscaping shall be completed by June 1, 1998. 9. The applicant shall provide co-location opportunities, if technologically feasible to other wireless service providers. All voted in favor, except Member Carlson opposed. / �6 PLANNING REPORT CITY OF EAGAN REPORT DATE: February 13, 1998 CASE: 34-CU-01-01-98 APPLICANT: AT&T Wireless Services HEARING DATE: Feb. 24, 1998 PROPERTY OWNER: Donald& Ann Larsen PREPARED BY: Michael Ridley REQUEST: Conditional Use Permit- Communications Tower LOCATION: 1310 Cliff Road -Parkview Golf Course COMPREHENSIVE PLAN: PF -Public Facilities ZONING: P - Public SUMMARY OF REQUEST AT&T Wireless Services Inc. has requested a Conditional Use Permit to allow a communications tower to be located at 1310 Cliff Road in the NE portion of Parkview Golf Course, one quarter mile east of Pilot Knob Road, south of Cliff Road in the NW 1/4 of Section 34. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subd. 4, C states: The Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 177 Planning Report - AT&T Wireless Services February 24, 1998 Page 2 E. Will not involve uses, activities, processes,materials, equipment and conditions of operation that will be hazardous or detrimental to any persons,property or the general welfare because of excessive production of traffic, noise, smoke, hones, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. BACKGROUND/MSTORY The site has been operated as a golf course since 1969 and owned and operated by Don Larsen since 1981. In July 1997 the City Council denied AT&T's proposed communication tower on City owned property on the north side of Cliff Road just north and west of this proposed site. In September of last year the Council denied AT&T's request for a tower on the subject site and adopted an interim ordinance that created a moratorium on siting free-standing communication towers on property zoned Public Facility. The Council has since adopted an amendment to the communication ordinance that provides clarification on how the height of a tower is measured, required the setback of the tower from residential uses to be measured from the property line instead of the residential structure, and increased the minimum tower setback to 300' 'from residential property. EXISTING CONDITIONS The site is located on the south side of Cliff Road. The parking lot area for the golf course is located at the north portion of the site along Cliff Road. A retaining wall (approx. 3.5 feet in height) is located along the east portion of the parking lot. Two out buildings are located in the northeast portion of the site. A paved cart path provides access to these buildings. SURROUNDING USES The following existing uses,zoning, and comprehensive guide plan designations surround the subject property: North- City of Eagan Well #10 and booster station site; zoned P; guided PF. South- Lebanon Hills Regional Park; zoned P; guided P. East - Single family residential (Parkcliff Addition); zoned R-1; guided D-I. West - Single family residential; (Fairway Hills Addition); zoned R-1; guided D-I. 7U Planning Report - AT&T Wireless Services February 24, 1998 Page 3 EVALUATION OF REQUEST Compatibility with Surrounding_Area- The site is adjacent to County Road #32 - Cliff Road. Across Cliff Road to the north is the City's Well#10 and booster station and residential development. The site is bordered on the north, east, and the west by single family homes. Site Plan - The plan shows an area 20' x 34'that AT&T will be leasing from Mr. Larsen for the equipment building and a 10' square area for the monopole structure itself. The proposed 100' monopole will provide support for the cellular antennas and related cabling necessary to connect it to the equipment building. The tower is located at an approximate ground elevation of 1028.5'. It is located west of the existing maintenance buildings about 30' south of the parking lot, approximately 310' from the residential property located to the east of the golf course and north of Cliff Road. The tower is proposed to be a pale blue color to blend in with the sky. BuildingDesian - The proposed 20'x 34' equipment building is to be constructed with a simulated brick exterior painted to match the existing buildings located on the site. The purpose of the building is to enclose radio, computer, and climate control equipment for the cellular operation. Landscaping - The proposed landscape plan shows a mixture of plant material consisting of yew, maple, dogwood, potentila, and ash to be located around the building and the base of the tower. Three ash trees are to be located along Cliff Road north of the building location. Access/Street Design -Access to the tower and antenna site is from Cliff Road through the existing golf course parking lot. SUMMARY/CONCLUSION The Advisory Planning Commission's review of the CUP is to ensure compatibility with the surrounding uses in the area. The granting of a CUP for a communication tower is based on the following: • The designated location and height of the communication tower should not be obtrusive to the area. • The proposed design and appearance of the tower appears to be compatible appears to be compatible with the intended character of the general area, • The conditions of the operation do not appear hazardous or detrimental to health or property of surrounding properties. The 100' communication tower is proposed to be located at Parkview Golf Course meets all applicable Communication Tower zoning code requirements. Planning Report - AT&T Wireless Services February 24, 1998 Page 4 ACTION TO BE CONSIDERED To recommend approval or denial of the Conditional Use Permit allowing a 100' communications monopole and equipment building on a portion of the property at 1310 Cliff Road in the NW 1/4 of Section 34 subject to the following conditions. 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of City Council approval. 2. The Conditional Use Permit provides for a 100-foot tall communication monopole and an equipment building as shown of the site plan dated January 19, 1998. No equipment or antennas may exceed 100' in height. 3. A building permit shall be obtained for the erection of the monopole and equipment building. 4. The applicant shall provide the City documentation, from a structural engineer, confirming the structural integrity of the proposed monopole. 5. No signage other than for public safety warnings or equipment information shall be affixed to the tower or equipment building. 6. No artificial illumination shall be allowed on the tower except when required by law or by a governmental agency. 7. Landscaping shall be completed by June 1, 1998. 8. The applicant shall provide co-location opportunities, if technologically feasible to other wireless service providers. 1CVA FINANCIAL OBLIGATION—34-CU-01-01-98 10-03400-010-25 There are pay-off balances of special assessments totaling $0 on the parcel for which the conditional use is requested. No City improvements have been charged to this property. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are noted. The charges are computed using the City's existing fee schedule and availability of the City's utilities. Improvement Use Rate Quantity Amount Storm Sewer Trunk P.F. $1,790/Ac 64 Ac $114,560 Water Trunk P.F. $1,875/Ac 64 Ac 120,000 Storm Sewer Trunk P.F. .082 sq ft 2,787,840 sq ft 228,603 Lateral Benefit Water Trunk P.F. 21.50/ff 1,320 ff 28.380 Total 49 543 This financial obligation is presented for informational purposes. The approval of the conditional use permit does not cause the collection of this financial obligation. The connection to one of the City's utilities will cause collection of the financial obligation. /U/ I lk 11-o fill rn uH I I •c �° � i I I I 4c I =i e I 1 I Y,n i I 1 II CA ;. I ' 1 • I '- , I 'Q to 11' •�' If r ' I' I I D 1 I � - ' I I qqq •� ;' I I I I I i I 3 a I 1 II 1 r ewe ' g 1 Gtl I .� I M 1 1 J -- __, 4 - I , ' r!3o us.,a a I •i,-... ..a s: v r e-- p, I n ; , —_ • ' •° , I , `�l • I � I • EEM LEM v4� �d ��G v�v ' ;ri��.7oz�` vp FIE; 0v �eD aG� gee 1 ��: ���A'�o� �'. ' � �� �-•�'� �,�� ■ �[7 o1711 t7D LE 93 d�-������ ��.-,dee �� e ► s��.� ���� © dam O © v p se • o�©a �� � .�;��o w�i� pi! ego ■, �� �'`��i �' u7 En IPA o ��1■�yea �1�►� Conditional400 0 400 MO 12% Feet AT&T Wireless Service of Mn., Inc. Case No. 34-CU-01-01-98 Cit of Eagan Zoning Map PK PD E R PK A 1 R- PF 1 PK A PK A A PF CA Current Zoning PF Public (Public Facility) AT&T Wireless Service Case No. 34-CU-01-01-98 City of Eagan Community Dwaopmont Department 1000 0 1000 F90 +City of Eagan Comprehensive Plan Map M..JIM I . '��,: " ■ ■■r�i�' '� !� iii �I ��r► � v all �r tl Guide • • PF Public Facility I E? � `` 1 p zm� z z Z F 'Z \ 1 II DUNBERRY UNE Wo 1 1 1 1 � , I n I II ---__ • , II� 1 I 1� 1- 1 III ' ' 1 I 'I 1 _ i I 1 111111 ' 1. 1 1 �u � \\t,• ..��=1t :rte.L� i � ; = - . C I P� 1 O O p p w � i �# N't e ° o� s=`� J N VL \ �JL-11 1 1 \ V/ \VI 1 TC -- R/w LINE –_------ ------------------------ ---------------- ------ `o ---- ----------- ----------------- -------------- -------- --WOOD FENCE ---------- - -- ------ PROPOSEO -75-'-R/W UNE__ - ->' ------- -------------- - DESS ------------- -- – -- – ------------ ----- -7 07 WALL— =1028--.11 - - ------- TO WALL=1028.00 --- ------------------------- RETAINWG WALL I Z ---------- ----------- ----------------------- » ���WOOD--EN;,E Z_ PROPOSED-ELEY.- 1029.5'± —�x 50' SETBACK FROM PROPOSED R/W--- -------------- ------ –+-- -------------- ---------------- URB ; PROPOSED 20' X 34' LEASE TRACT I P iAREA BEING GRADED PROPOSED 12'x28' SHELTER RE7A;N1NG WALL TCP WALL=1028.12 TOP WALL=1028.16 PROPOSED ELEV. CART PATH BITUMINOUS 1029.0± • __ UMINCUS R.R. 1,E RE TAIN!NG WALL 0 0 p F P �p 0 0 _ PROPOSED 100' MONOPOLE I POP MACHINE InQnham 6�a.Inc AT S T N ireless Sen ices Landscape ""`T" Parks ie�� Golf Course pe Plan Eagan, Minnesota - 0 111 ULTEIG ENGINEERS, INC. 5201 EAST RIVER ROAD, SUITE 308 ucrlTcE.: MINNEAPOLIS MINNESOTA 55421 PHONE (6 1 25 57 1 -2500 FAX (6 1 2) 571 — 1 165 AT&T WIRELESS SERVICES OF MINNESOTA, INC. CLIFF ROAD/ OLF COURSE SITE EAGAN, MINNESOTA CELVAVE ANTENNA CTTFa o nN7ENNA SIZES SECTOR ANT. NO, H W A ALPHA & BETA PD10177 86" 10,375' 5" NOTE: CAMMA SECTOR ELEVATION AND AZIMUTH TQ BE DETERMINED. i MONn"0.E ]EI'DID EOUIPMENT SMCLTCR ARCHITECTIAIAL •Nr CAST CONCRETE FINISH TO u4uLAfE mucw- GROLF0 LINE SCALL: I- = r0'-G" Agenda Information Memo April 7, 1998 Eagan City Council NEW BUSINESS A. CONDITIONAL USE PERMIT-ABF FREIGHT SYSTEMS INC. 2750 LEXINGTON AVENUE ACTION TO BE CONSIDERED: • To approve or deny a Conditional Use Permit to allow the outdoor storage of trucks and trailers on property located at 2750 Lexington Avenue, Lots 3, 4, 5, and 6, Plainview Addition in the NW 1/4 of Section 2. • To approve or deny a Conditional Use Permit to allow the service and repair of trucks and trailers on property located at 2750 Lexington Avenue, Lots 3, 4, 5, and 6, Plainview Addition in the NW 1/4 of Section 2. FACTS: • The site is developed with a 9,900 square foot office/warehouse building that was constructed in 1960. ABF plans to construct an 8,800 square foot addition to the building. • Both of the proposed uses, outdoor storage of trucks and trailers, and service and repair of trucks and trailers, are currently occurring on the property,but City records indicate no conditional use permit has been issued for either of these uses. In conjunction with ABF's building expansion, the conditional use permits are necessary to bring the existing use of the property into conformance with current city ordinances. • Site improvements involve upgrades to the surfacing and drainage, correction of encroachments on the public right-of-way, and installation of additional landscaping and screening. These site improvements and the proposed building expansion represent a significant investment that will bring this older site into substantial compliance with current City standards. ATTACHMENTS: March 24, 1998 APC Minutes,pages//v through Staff report, pages�through` p� Page 7 March 24, 1998 ADVISORY PLANNING COMMISSION CONDITIONAL USE PERMITS ABF FREIGHT, INC. Commission Chair Heyl opened the next public hearing of the evening regarding a Conditional Use Permit to allow the outdoor storage of trucks and trailers, and to allow service and repair of trucks in conjunction with a building expansion of their property at 2750 Lexington Avenue in the NE'/4 of Section 2. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City staffs planning report dated March 19, 1998. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. Charles Caufreld indicated his agreement with the conditions to the conditional use permit and expressed his pleasure of working with the City planning staff. Commission Chair Heyl closed the public hearing. Member Frank moved, Member Bakken seconded, a motion to recommend approval of a Conditional Use Permit to allow the outdoor storage of trucks and trailers at 2750 Lexington Avenue on Lots 3, 4, 5 and 6, Plainview Addition in the NW'/4 of Section 2, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at the Dakota County Recorder's office within 60 days of its approval. 2. The site improvements identified on these plans shall be installed in conjunction with the expansion of the building and shall be completed prior to issuance of the Certificate of Occupancy for the new building. 3. The landscape plan shall be revised to provide a variety of species of evergreen trees and to provide for irrigation of landscaped areas. All plant materials shall meet minimum size requirements in the City Code. 4. The developer shall obtain a Dakota County permit for the proposed grading within the Lexington Avenue (County Road 43) right-of-way. 5. The storm water runoff rate from the pond after full development shall be equal to or less than the current runoff rate from the site. /�Q Page 8 -• - March 24, 1998 ADVISORY PLANNING COMMISSION 6. On-site ponding shall be constructed to meet the City's requirements as shown on the grading plan dated March 4, 1998. 7. The existing monument sign shall be removed from the Lexington Avenue right-of-way and relocated. The new sign location shall provide for a minimum ten foot setback from all property lines and the sign must comply with the other requirements of the Eagan Sign Code. 8. The developer shall employ tree protective measures and contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the Tree Preservation Plan. 9. All parking and storage areas shall be properly maintained in good repair. All voted in favor. Member Frank moved, Member Bakken seconded, a motion to a Conditional Use Permit to allow the service and repair of trucks as a principal use on property located at 2750 Lexington Avenue on Lots 3, 4, 5, and 6, Plainview Addition in the NW '/4 of Section 2, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at the Dakota County Recorder's office within 60 days of its approval. 2. All truck service and repair activity shall take place within the building. All voted in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: March 19, 1998 CASE: 02-CU-02-02-98 APPLICANT: ABF Freight Systems, Inc. HEARING DATE: March 24, 1998 PROPERTY OWNER: ABF Freight Systems,Inc. PREPARED BY: Pamela Dudziak REQUEST: Conditional Use Permit LOCATION: 2750 Lexington Avenue South COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: 1-1, Limited Industrial SUMMARY OF REQUEST ABF Freight Systems, Inc., is requesting a Conditional Use Permit to allow the outdoor storage of trucks and trailers, and to allow service and repair of trucks in conjunction with a building expansion on their property at 2750 Lexington Avenue in the NW '/< of Section 2. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Planning Report—ABF Freight Systems, Inc. March 24, 1998 Page 2 D. Will be served adequately by essential public facilities and services, including streets,police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities,processes,materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. In addition to the requirements for a conditional use permit listed above, City Code Section 11.10, Subdivision 29.2, C, lists performance standards for outdoor storage as follows: 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center(CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (1-2) zoning districts, the enclosure may be detached from the principal building. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. 3. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. 4. The storage area shall not interfere with any pedestrian or vehicular movement. 5. The storage area shall not take up required parking spaces or landscaping areas. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. 1 7-2 Planning Report—ABF Freight Systems, Inc. March 24, 1998 Page 3 BACKGROUND/HISTORY The existing ABF Freight Systems office and warehouse building were constructed in 1960. It appears that when I-35E was constructed, Lexington Avenue was realigned and curved to the east, resulting in the parking lot and monument sign being on the Lexington Avenue right-of- way. A review of city records indicates that no conditional use permit was issued for the outdoor storage of trucks and trailers currently conducted on this site. In addition, there is an accessory building on the southeast part of the property that is used for service and repair of trucks. ABF leases this building to another party who operates the truck repair business, servicing both ABF's vehicles and other trucks as well. It appears that no conditional use permit was issued for the truck repair service either. EXISTING CONDITIONS The site consists of four platted lots and is developed with a 9,900 square foot office/warehouse. The existing parking lot is located in front of the building, and encroaches onto the Lexington Avenue right-of-way. A chain link fence encloses the property. The existing parking lot is surfaced with bituminous, but the outdoor storage area consists of gravel, with concrete at the loading docks. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Vacant; zoned I-1 Limited Industrial; guided IND Limited Industrial South - EZ Air Park; zoned PD Planned Development; guided IND Limited Industrial East - Railroad, Hose Inc. and Conveyors Inc.; zoned I-1, Limited Industrial; guided IND Limited Industrial West - Lexington Avenue/1-35E EVALUATION OF REQUEST The proposed outdoor storage and service/repair activities are currently occurring on the site. In conjunction with ABF's building expansion, the conditional use permits are necessary to bring the existing use of the property into conformance with current city ordinances. The proposed building expansion and site improvements represent a significant investment that will bring this older site into substantial compliance with existing City standards. Compatibility with Surrounding Area—The proposed uses are already occurring on the property. Surrounding properties should not be negatively impacted by the proposal. This site has a county road and interstate highway(Lexington Avenue and I-35E) on the west, a railroad to the east, and industrial development to the east. The lot to the south has outside storage, and the lot /9 Planning Report—ABF Freight Systems, Inc. March 24, 1998 Page 4 to the east is separated from this site by the railroad bed and neither should not be negatively impacted. Site Plan—The site plan shows the proposed 8,800 square foot building expansion at the east end of the existing building. Building materials will be plain concrete block to match the existing. The existing parking lot is being removed from the public right-of-way and a new parking area created at the southwest corner of the site. Some parking stalls, including handicapped stalls, will be located at the north and south ends of the office portion of the building. Landscaping—Existing landscaping in front of the building will remain and additional landscaping is proposed along the west property line to screen the parking and storage areas from public right-of-way. New landscaping also includes some vines planted along portions of the fence, and deciduous trees in the parking lot islands. The landscape plan should be revised to provide a variety of species of evergreen trees to minimize potential for disease transmission among the trees. The City Code also requires automatic irrigation be provided to landscaped areas, and the landscape plans should be revised accordingly. Grading/Storm Drainage—The site generally slopes toward the east edge of the property. The developer is proposing to construct a storm water basin in the southeast corner of the site. The applicant should obtain a Dakota County permit for the proposed grading within Lexington Avenue (County Road 43) right-of-way. Storm water runoff from the parking lot and storage areas will be drained through a private storm sewer system to the storm water basin in the southeast corner of the site. This pond will drain onto the railroad right-of-way to the east. The storm water runoff rate from this pond after full development should be equal to or less than the current runoff rate from the site. Water Quality/Wetlands—This development generates runoff that will eventually reach a large state-protected wetland downstream, designated as Pond FP-1 in the City's water quality management plan. On-site ponding should be used to treat runoff from the site, partially to protect the quality of this pond and also because state law strongly encourages use of detention basins to manage stormwater runoff from sites like this. In addition, the site will discharge to an existing ditch within railway right-of-way, so a reduction in discharge rate through ponding is desirable to reduce the potential for erosion in the ditch. On-site ponding should be constructed to meet the City's requirements as shown on the grading plan dated March 4, 1998. Utilities—The existing building on the site is currently served by private well and septic systems. Sanitary sewer and water main systems are not readily available for connection. Access/Street Design—Access to the site is currently from two driveway entrances onto Lexington Avenue and will remain unchanged with this proposal. Tree Preservation—The plans show some trees will be removed within the area to be paved. Removal of 37 of the 127 significant trees on the site amounts to 29.4 %, which is less than the 30% removal the City Code allows. Therefore, no mitigation is required. The developer should Planning Report—ABF Freight Systems, Inc. March 24, 1998 Page 5 employ tree protective measures and contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the Tree Preservation Plan. Outdoor Storage - The entire site is enclosed by an existing chain link fence which will remain. The proposed storage area is located to the north, east and south of the building and within the fenced area. The storage area north of the building will be moved back 20 feet from the public right-of-way and additional landscaping will be installed to screen this storage area. Adjacent properties are not designated for residential uses. The parking area is separated from the storage lot by a fence, and separated from the drive aisle by curbed and landscaped islands. The proposed amount of parking (78 stalls) exceeds the minimum requirements of the City Code (54 stalls). The storage area is proposed to be surfaced with bituminous and edged with concrete curb and gutter. Truck and Trailer Service and Repair—ABF leases the existing accessory building in the southeast part of the site to another party that operates a truck repair business, servicing both ABF's vehicles and other trucks as well. All truck service and repair activity should occur entirely within the building; no service or repair activity should be conducted outside. SUMMARY/CONCLUSION The proposed outdoor storage and service/repair activities are currently occurring on the site and their continuation should not negatively impact on surrounding properties. Through the conditional use permits, the property will be brought into greater conformance with current ordinances and site development standards. Site improvements involve upgrades to the surfacing and drainage, correction of encroachments on the right-of-way, and installation of additional landscaping and screening. These site improvements will also create a more orderly storage area by providing a paved storage lot and by identifying truck and trailer storage stalls. The proposed building expansion and site improvements represent a significant investment that will bring this older site into substantial compliance with existing City standards. ACTION TO BE CONSIDERED A. To recommend approval or denial of a Conditional Use Permit to allow the outdoor storage of trucks and trailers at 2750 Lexington Avenue on Lots 3, 4, 5, and 6, Plainview Addition in the NW '/4 of Section 2. If approved, the following conditions should apply: 1. This Conditional Use Permit shall be recorded at the Dakota County Recorder's office within 60 days of its approval. 2. The site improvements identified on these plans shall be installed in conjunction with the expansion of the building and shall be completed prior to issuance of the Certificate of Occupancy for the new building. /�v Planning Report—ABF Freight Systems, Inc. March 24, 1998 Page 6 3. The landscape plan shall be revised to provide a variety of species of evergreen trees and to provide for irrigation of landscaped areas. All plant materials shall meet minimum size requirements in the City Code. 4. The developer shall obtain a Dakota County permit for the proposed grading within the Lexington Avenue (County Road 43)right-of-way. 5. The storm water runoff rate from the pond after full development shall be equal to or less than the current runoff rate from the site. 6. On-site ponding shall be constructed to meet the City's requirements as shown on the grading plan dated March 4, 1998. 7. The existing monument sign shall be removed from the Lexington Avenue right-of- way and relocated. The new sign location shall provide for a minimum ten foot setback from all property lines and the sign must comply with the other requirements of the Eagan Sign Code. 8. The developer shall employ tree protective measures and contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the Tree Preservation Plan. 9. All parking and storage areas shall be properly maintained in good repair. B. To recommend approval or denial of a Conditional Use Permit to allow the service and repair of trucks as a principal use on property located at 2750 Lexington Avenue on Lots 3, 4, 5, and 6, Plainview Addition in the NW '/4 of Section 2. If approved, the following conditions should apply: 1. This Conditional Use Permit shall be recorded at the Dakota County Recorder's office within 60 days of its approval. 2. All truck service and repair activity shall take place within the building. FINANCIAL OBLIGATION—02-CU-02-02-98 Lots 3, 4, 5 and 6, Plainview Addition There are pay-o$' balances of special assessments totaling $0 on the parcel for which the conditional use is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are noted. The charges are computed using the City's existing fee schedule and availability of the City's utility. The collection of this financial obligation is not a condition for the approval of the conditional use permit. The financial obligation will be collected at the time of connection to the City's utility system. Improvement Use Rate Quantity Amount None �i *City of Eagan Location Map 1=7=7 So f A� 3a Sub'ect Site 0 a • i •d 1•. .1 E � z r • �< ■ .� r . ......f ® ick* z ` all i ■■ . 0 �'� � REFFE.T c; Ll ■ u v 5` Su. \ C.aJLN.NO."(LONE OAC RD.) Vr 's 400 0 4W WO 12M FW ABF Freight , inc. 2750 Lexington Avenue Conditional Use Permit N Case No. 02-CU-02-02-98 N E City of Eagan Community Development Deportment /� City of Eagan Zoning Map A BP 1-1 -1 BP PD Ior-- Sub'ect Sit A 1 A I-1 PK 1-1 Current Zoning 1-1 Limited Industrial ABF Freight, Inc. Case No. 02-CU-02-02-98 Z 1000 0 1000 Feet City d Egan Wmmunity Mvwlopm�nt Mpartm*M 4* City of Eagan Comprehensive Plan Map B IND BP Sub'ect Site IND IND IND P IND IND IND �1 Guide Plan Designation IND Industrial ABF Freight, Inc. Case No. 02-CU-02-02-98 1000 o 1000 Feet City of Eagan Community Development Department ! yya �r ffiI x a f + W t �� i ,f/ a 'v yYl a > <7 O® J '^ v I �� � C � C VJ cZ it . RM 00) LLJ LL tM / J 1 =i 1 3 •� e OP. sfey :4 Q s •'\ _ "'_ �i 1 — „a� �:_ � i5 t 6� Fs f6S oot: � .\� ••\ m o � c I �� � i[ Eek` tie =ii' i �� e ..�.^�i �t tsrn .� t• �tt€ gdi:f Rt■ . Z \ t i. 1 •¢1 a K � I R e . i z i �, tet E4 cF. R .i ct'f i2 Vol e1 q� EpvRFR Fi�feiE ;' `f SITE PLAN 8�� � Q �� �Ip ❑ � o I a� 'I - �� I W • w u j N a � C Ip ❑ � IIj� N uxrs__ _. :___ _ ___ ui � I � � al' 7M ,i� G ❑ 5 (n �N �6`Y, � wxe+313iv00sNusoa +t�'� ,;�E Gip ❑ I .. � Q� i� k ;y 3105 :i Xvw 38�;aeC3 a 4 p C Cp Z •o z I 8m xe2$ 1 is 6 9 YYY�__ N I H M I LL h' g 3v 9 w I i y M • Y� C �' I �.� S. t CI ! O IJ 3 Y ❑ O 7 n IL-.y O. ELEVATIONS/ FLOOR PLAN z fi{tj'i � { { �,•�• l std' H :4 P.10 j�l j l ! � - � � t ''ter--}1 ' . • t � � QC t ®1 .. � '�J� �•`� � �:� 1. �'1{; j �- ��< • _���t" V,y'-r tom'.!OF :J t� /�-r�/�'� iii �'.�. '� ;✓. ..1 t'w -L- fx`3, t� VE-, .�/ �. ,;S i.. _f. � 1• 1 - � w r rte` ,. ��i, � 1Z4 tt •� t� ��J r'�,.1Y {. T;r � 1 �kfr i ' '' � S J '} ,,- .�' t t .'t.* ei l i �-f j S1 f r.♦f .; �J� �!_ N ,.f/�� i i : �1, �}� 2 `' ( j.fl 1r r 1 ) � ii,C tS ° M l,C t 1 S• �..5S<+_S�L �'-i t' j RY it♦.�. -'-f. �C �I,J %l �j)Rlr�11� � ���I�� � ` I � � < •v t •4 _-__ _ �k f < r r. � r' J k�'� � t sees� � ` •� •f<f rr, i.F: �� �f it Z-� - rr fit . !IE [ I FViI ZQ tf4 �,�(�, Y•,r <1-�t•.*.•� � \_�"JJ :` irk �p gyp(/ 1! - i L . ----+--- ---'' -----_ --- CRADINr. PLAN Agenda Information Memo April 7, 1998 Eagan City Council B. CONDITIONAL USE PERMIT- GLOBAL EQUITY PARTNERS L.L.C. (LOT 2.BLOCK 2. SIBLEY TERMINAL INDUSTRIAL PARK) ACTION TO BE CONSIDERED: • To approve or deny a Conditional Use Permit to allow the outdoor storage of trucks and materials related to the operations of a construction contractor on property located at 3220 Terminal Drive, Lot 2, Block 2, Sibley Terminal Industrial Park. in the SE 1/4 of Section 8.. FACTS: • The site is developed with an 8,380 square foot office/storage building that was constructed in 1967. Until about one year ago, the site was occupied by Holman Erection Company, a construction contractor, who used some of the property for outdoor storage. A review of City records indicate no conditional use permit had been issued for outdoor storage. • Global Specialty Contractors and Preneer Systems are also construction contractors and wish to continue to use the property for outdoor storage as the previous occupant had. Examples of items to be stored outside include boom auger trucks,pickup trucks, dump trucks, finished parts for large structures like communications towers, coaxial wires spools and electronic highway signs. • Site improvements involve adding site lighting and installing upgrades to the surfacing and drainage. These site improvements will bring this older site into greater compliance with current City standards. ISSUES: • The applicant proposes to surface the storage area with recycled asphalt rather than bituminous asphalt. The APC indicated that this material would be acceptable, with a staff review in two years. • Since the staff report was prepared, the applicant has submitted a revised site plan which is attached. ATTACHMENTS: March 24, 1998 APC Minutes,pa es through�� Staff report, pages through Revised Site Plan, page" Page 9 March 24, 1998 ADVISORY PLANNING COMMISSION CONDITIONAL USE PERMIT GLOBAL EQUITY PARTNERS, L.L.C. Commission Chair Heyl opened the next public hearing of the evening regarding a Conditional Use Permit to allow outdoor storage of trucks and materials related to the operations of a construction contractor on property located at 3220 Terminal Drive in the SEI/4 of Section 8, legally described as Lot 2, Block 2, Sibley Terminal Industrial Park. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City staff s planning report dated March 19, 1998. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. Ms. Dudziak informed the Commission that if it were to recommend approval of the conditional use permit it should consider either Condition No. 6a or 6b as a condition to be attached to the permit. Tom Foster spoke on behalf of the applicant. Mr. Foster indicated that the approval of the conditional use permit would allow the company to consolidate its operations. Commission Chair Heyl closed the public hearing. In response to a question from Member Carlson, Mr. Foster indicated that there are 13 office employees who regularly attend the property and approximately 35 to 40 other employees who work off site. Member Frank moved, Member Bakken seconded, a motion to recommend approval of a Conditional Use Permit to allow outdoor storage of trucks and materials related to the operations of a construction contractor on property located at 3220 Terminal Drive in the SEI/4 of Section 8, legally described as Lot 2, Block 2, Sibley Terminal Industrial Park subject to the following conditions: 1. This Conditional Use Permit shall be recorded at the Dakota County Recorder's office within 60 days of its approval. 2. The site improvements identified on these plans shall be installed and completed by July 31, 1998. 3. Outside storage shall be limited to trucks and materials related to the operations of a construction contractor including boom trucks, auger trucks, dump trucks, ,�o4 Page 10 r7, March 24, 1998 ADVISORY PLANNING COMMISSION L finished parts for large structures such as communications towers, spools of coaxial wire used in construction projects, and electronic highway signs. 4. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage and parking areas. Detailed plans for this grading work must be prepared and signed by a registered professional engineer. 5. The proposed parking lot area shall be surfaced with bituminous asphalt. 6. If recycled asphalt is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 7. All parking and storage areas shall be properly maintained to prevent deterioration. 8. The complete photometric lighting plan and detailed plans of the light standards and fixture type shall be submitted to the City for review and approval prior to release of the Conditional Use Permit for recording. On-site lighting shall not be directed upon public rights-of-way or adjacent properties. Such illumination shall be indirect and diffused. All voted in favor. �v PLANNING REPORT CITY OF EAGAN REPORT DATE: March 19, 1998 CASE: 08-CU-03-02-98 APPLICANT: Global Equity Partners, L.L.C. HEARING DATE: March 24, 1998 PROPERTY OWNER: The Minneapolis Foundation PREPARED BY: Pamela Dudziak REQUEST: Conditional Use Permit LOCATION: 3220 Terminal Drive COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST Global Equity Partners is requesting a Conditional Use Permit to allow outdoor storage of trucks and materials related to the operations of a construction contractor on property located at 3220 Terminal Drive in the SE '/4 of Section 8, legally described as Lot 2, Block 2, Sibley Terminal Industrial Park. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. �D� Planning Report - Global Specialty Systems, Inc. March 24, 1998 Page 2 D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures,refuse disposal,water and sewer systems and schools. E. Will not involve uses, activities,processes,materials, equipment and conditions of operation that will be hazardous or detrimental to any persons,property or the general welfare because of excessive production of traffic,noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. In addition to the requirements for a conditional use permit listed above, City Code Section 11.10, Subdivision 29.2, C, lists performance standards for outdoor storage as follows: 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (1-1) and general industrial (1-2) zoning districts, the enclosure may be detached from the principal building. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. 3. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. 4. The storage area shall not interfere with any pedestrian or vehicular movement. 5. The storage area shall not take up required parking spaces or landscaping areas. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. 0:2o / Planning Report - Global Specialty Systems, Inc. March 24, 1998 Page 3 BACKGROUND/HISTORY Sibley Terminal Industrial Park was platted in 1964. The existing building was constructed in 1967. Until approximately one year ago, the building was occupied by Holman Erection Company, a construction contractor. It is staff's understanding that Holman Erection Company used some of the property for outside storage,but a review of City records did not show that a conditional use permit had been issued for that use. Global Specialty Contractors and Preneer Systems are also construction contractors and wish to store equipment and materials outside on the property. They are requesting approval of the required conditional use permit for outside storage as the previous occupant had. The applicant has submitted a letter explaining these two businesses. Vehicles and materials to be stored outside include items related to the construction businesses. Examples include boom auger trucks, dump trucks and pickup trucks, finished parts for large structures like communications towers, coaxial wire spools, and electronic highway signs. EXISTING CONDITIONS Lot 2 contains a 8,380 square foot office/storage building. There is an existing fence which surrounds the graded area. Most of the parking and storage area used by the previous occupant is surfaced with gravel, although the area nearest the building is bituminous. There is minimal landscaping on the site. The areas east and north of the building are wooded and a row of coniferous trees is located outside the fenced area and to the east. The grades drop down from Hwy. 13 toward Terminal Drive, with an elevation change of about 30 feet. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Lull Industries; zoned I-1, Limited Industrial; guided IND, Limited Industrial South - Production Parts, Inc. and other industrial; zoned I-1, Limited Industrial; guided IND, Limited Industrial East - Hwy. 13, Johnson's Richfield Blacktop and single-family residential; zoned GB General Business and R-1 Single-Family Residential; guided D-I Single-Family Residential West - Bachman's and Safety Kleen; zoned I-1, Limited Industrial; guided IND, Limited Industrial EVALUATION OF REQUEST Compatibilitv with Surrounding Area—This site is an industrial site and is surrounded by other industrial development. Visibility of the lot from Hwy. 13 is obscured by existing vegetation on the eastern portion of the property and the property is set below the grade level of Hwy. 13. The �/� Planning Report - Global Specialty Systems, Inc. March 24, 1998 Page 4 development on the east side of Hwy. 13 is at a higher elevation than Hwy. 13 and overlooks the highway and the industrial land west of the highway. Site Plan—The site plan shows existing and proposed conditions. The applicant proposes to install site lighting around the storage area on Lot 2. All outside storage will be within the existing fenced area. Both trucks and materials are proposed to be stored outside. Materials would be toward the east end of the lot, and trucks would be at the west. Landscaping—No new landscaping is proposed. Existing vegetation screens the storage area from both Terminal Drive and Hwy. 13. Grading—The existing site generally slopes toward the west edge of the site. Minimal grading will be required for the proposed parking and material storage expansion. The applicant is proposing to construct the truck parking and material storage areas with a recycled asphalt aggregate gravel surface with concrete curb and gutter around the perimeter of the site. City Code requires that all off-street parking and storage areas be surfaced with a material to control dust and drainage. Bituminous asphalt is the most- widely-used surfacing material to accomplish 'this requirement and is required for off- street parking areas. There are a number of outdoor storage lots within the City that have been allowed to use recycled aggregate surfacing for outside storage areas. Those conditional use permits have included a condition for a periodic staff review of the condition of the surfacing to determine its adequacy for dust and drainage control. If recycled asphalt is used, such periodic review should be a condition of approval. If, upon review, the recycled asphalt aggregate surface is determined to be inadequate, the City will require the storage lot to be resurfaced with bituminous asphalt. The applicant should obtain a grading permit from the City prior to the construction of the proposed outdoor storage areas. Detailed plans for this grading work should be prepared and signed by a registered professional engineer. Storm Drainage— Storm water runoff from the site will be drained through existing storm sewer within Terminal Drive. Utilities—The existing building on the site is connected to the City sanitary sewer and water main systems. No additional connections are proposed with this application. Access—Access to the site is currently from one driveway entrance onto Terminal Drive and will remain unchanged with this development. Lighting - The applicant proposes to add on-site lighting consisting of 200 watt and 400 watt high pressure sodium fixtures on the building and around the storage lot. The lighting plan does not show the light standard height or the design of the fixtures, and the photometrics were faxed // Planning Report - Global Specialty Systems, Inc. March 24, 1998 Page 5 copy and difficult to read. The City Code requires that on-site lighting shall not be directed upon public rights-of-way or adjacent properties and that such illumination shall be indirect and diffused. The complete photometric lighting plan and detailed plans of the light standards and fixture type should be submitted to the City for review and approval prior to release of the Conditional Use Permit for recording. Tree Preservation—No significant trees are being removed with this proposal. Outside Storage- The storage area is contained within the existing fence and will be located to the side of the building. The storage area should be set back from the public right of way the minimum 20 feet required for a parking lot, with a minimum 5 foot setback from the side property line. There are no adjacent residential uses. The nearest residential development is to the west across Hwy. 13 and the site is wooded between the storage lot and the highway, and the elevation is significantly below the highway and residential properties. Along the west side, existing plants along the fence screen the property from the Terminal Drive. Parking areas are proposed to be located near the access drive and near the building. The parking layout appears awkward, and should be revised to better separate vehicle parking from the storage lot, provide parking areas that do not interfere with vehicle access to the building, and create safe pedestrian movement from the parking lot to the building. The parking lot should provide enough parking stalls to satisfy the minimum parking requirements in the City Code based on the allocation of office and warehouse/storage space within the building. The City Code requires parking to be provided at a rate of one stall for each 150 square feet of net office space (80% of gross floor area), and one stall for each 400 square feet of warehouse/storage space. SUMMARY/CONCLUSION The proposed outside storage appears compatible with surrounding industrial development. However, the plans submitted appear awkward and should be revised. Consequently, staff does not have sufficient information needed at this time to ensure that the required and proposed site improvements on the property will meet City standards and other Code requirements. The outstanding issues appear to be technical in nature and with revised plans prepared by the appropriate professionals, these technical issues of compliance can be resolved prior to releasing the conditional use permit for recording and issuing the grading permit. ACTION TO BE CONSIDERED To recommend approval or denial of a Conditional Use Permit to allow outdoor storage as part associated with a contractor's office at 3220 Terminal Drive in the SE '/4 of Section 8, legally described as Lot 2, Block 2, Sibley Terminal Industrial Park. If approved, the following conditions should apply: Planning Report - Global Specialty Systems, Inc. March 24, 1998 Page 6 1. This Conditional Use Permit shall be recorded at the Dakota County Recorder's office within 60 days of its approval. 2. The site improvements identified on these plans shall be installed and completed by July 31, 1998. 3. Outside storage shall be limited to trucks and materials related to the operations of a construction contractor including boom trucks, auger trucks, dump trucks, finished parts for large structures such as communications towers, spools of coaxial wire used in construction projects, and electronic highway signs. 4. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage and parking areas. Detailed plans for this grading work must be prepared and signed by a registered professional engineer. 5. The proposed parking lot area shall be surfaced with bituminous asphalt. 6a. The proposed outdoor storage areas shall be surfaced with bituminous asphalt. OR 6b. If recycled asphalt is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 7. All parking and storage areas shall be properly maintained to prevent deterioration. 8. The complete photometric lighting plan and detailed plans of the light standards and fixture type shall be submitted to the City for review and approval prior to release of the Conditional Use Permit for recording. On-site lighting shall not be directed upon public rights-of-way or adjacent properties. Such illumination shall be indirect and diffused. MANCIAL OBLIGATION—08-CU-03-02-98 Lots 1 & 2, Block 2, Sibley Terminal Industrial Park There are pay-o$' balances of special assessments totaling $9,898 on the parcel for which the conditional use is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are noted. The charges are computed using the City's existing fee schedule and the availability of the City's utility. The collection of this financial obligation is not a condition for the approval of the conditional use permit. The financial obligation will be collected at the time of connection to the City's utility system. Improvement Use Rate Quantity Amount None S4 p?/ y City of Eagan Location Map FA M t Sub eet Site 0 ♦. neo.ouu... 's i 40ft a s ..E f ISE'' MINE i M ■®®p O • .: q� COUNT'ROAD NO.3.(YANKEE DOODLE ROAD) q X71 400 0 400 800 1200 Feet Global Specialty Contractors Conditional Use Permit N Case No. 08-CU-03-02-98 / N E City of Eagan Community Development Department �( � /. t 4*City of Eagan Zoning Map ' Asilo ME MM �M MENEM Current Zoning 1-1 Limited Industrial Global Specialty Contractors Case No. 08-CU-03-02-98 I, C�)6 low--- Iwo Fed *City of Eagan Comprehensive Plan Map AW i. �� ■ = 11111! `_ ■■■■ ■ = Iii1J1 �Ni M '1 ununn ■ M— Guide n��a 11 n � �■!!1!� Plan Designation IND Industrial Global Specialty Contractors _ Case • 08-CU-03-02-98 - 1000 0 1000 -- ■.�o •[ora cn i a ar•_•+•• yno»,,••• •.:w. , SURVEY FOR,••a.s•.n mn�•.am. � .i.n�..w�� ' '~"`�• SURVEY OF1 ....... aim u.•w.t.rra. t __s__J .� aat . .m � �•ii.ti All W...A.t•/- Llan r' ..— r1 �p • �u r ra.r v.... O av w» I. � � ,/ • Ara w wr .�t io A. • I R� i � i �� l •'<:1 ,��»�`� \ \ 1 III ,.;i I ; I ) j/''� :.� v, `. �• / / � � � illi`,' \\+.A+ 1 � EXISTING CONDITIONS CZRTBW 7% d WRQ (ML&rw- 10 L�j / a i m ON1011f19 ij9tS r 1 SR)IO,00.L9S--- 1 r y d7dd--3tE• m 1 ` n � rn r t SL \ 000AN01103.0Z j t OD / � t n r• B coa p ¢ u OD t E l-o ,zt,Zt *,GL >< / A C \ m in t 9NI7�d St10N11Y1110 C p I I r' SZ �a t ZI U I 0001AN01109,0£ c•t►tsa Elt7d WOOaI WOOL lIO 71 �WOOiosa 7.4 y S W7Odl WWZ = c ON I Ol I fle v0016 AHO15 t vi 74 0.9C m +� ► Wa7r ,SZ o SZ J II � ~' 08L \ 000AN01109„9£ ./ Wl� Zt(D_. 3NOl0AJ 3N01010 011 �" SITE PLAN LLL Two each One each 200 watt M -- 200 watt 12 cOTT high pressured I crcLaNE-- high pressure sodium J I 2 sodium Two existing 100 watt �D 3 Flood ht li — neo CYCLONE 25, g mtn sen. r' J 3e.oRD JWAMM !/ H F( 4 . N - 1 STORY / • `' < BLOCK BUILDING � ,tea 380 SO- FT. fi- o V1 �- 2 in Q'LL'CYt fL nv v , '=R v i x/ IrDWR /111.FX 7 Mam fLT/86� FL Three existing 200 watt 30r COTTONWOOD \ _L) 3?.o high pressure sodium One each � One each • _200 watt 26/ 200 watt high pressure \ high pressure sodium �--2s sodium OL r `s - v � I BITUMINOUS PA' !NG LOT J L M o It l 1 V , W 1z o Ln _ Three each m� / Two each 400 watt ( 400 watt high pressure c / high pressu sodium sodium I "'' 1 I v JJLn I CP f J M � � � / PILAF) ti M m / 24'COTTONWOOD IE 0 \ O Two each 12 400 watt / high pressure sodium Two each "" ur�.ttAYyb j GLOBAL LIGHTING - ss7•°° °dg 400 watt PLAN _a high pressure sodium dao � ._ MEMORANDUM 03-04-98 To whom it may concern: The business that Global Specialty Contractors participates in on a daily basis is as follows: 1. The construction of municipal swimming pools and the associated filters. 2. The erection of towers for the purpose of PCS, data and voice transmissions. 3. The erection of interstate highway signs and guard rail systems. 4. The construction of retaining walls for MN DOT. 5. The restoration of historic buildings within the MN park system. The business that Preneer Systems, Inc. participates in is the sale and erection of pre- engineered all steel buildings that are manufactured by the American Buildings Corporation. i.e. airplane hangars, hockey arenas, and other large clear span buildings. Tom Foster V. P. Sales & Marketing OC) TERMINAL DRIVE I9 R zi £ cq fit GRADING & PARKING PLAN Jc�lf Oifvert Associates,ha 9 EAGAN,MN GLOBAL SFPECIALTIES 7i- -p uwLrev t5 Qs l 3830 Pilot Knob Road Eagan,Mn 55122-1897 (612) 681-4600 City of Eagan Hauler Licensing Application I./1IAamc 4. 5d p^hereby make application for a Refuse/Recycling license for the year /91 P Owner:AIAAK ]0ieaEA_ 1494 JfWegs - oyo OR. Name Address _F-R&A nI —lly_ � /.lO/a•905-R97/ City State Zip Telephone Business Name:NEu/ 6,1je71 nLFA#11C f_At,- AS QApLE Name Address City State Zip Telephone Municipalities where presently licensed: /1✓G.1_c Ar 7-mis Ttmg 4VEt l LICENSE TYPE: (check all that apply) _ Residential Dwelling*(Number of trucks) -Required for haulers serving single family detached,duplex and four-plex units. -Recycling and compost vehicles may be included in the residential rate, if operated by a single company. -State,county,and city mandates require residential recycling opportunities be provided. -Additional requirements outlined in Hauling Ordinance as attached. Multiple Dwelling/Commercial*(Number oftrucks) -2- -Required for haulers serving commercial accounts and multiple family dwellings being serviced in a commercial manner. -State,county,and city mandates require residential opportunities be provided for multi-family units. -Permits/encourages,but does not require commercial recycling. -Construction/demolition debris vehicles may be included in multiple dwelling/commercial if operated by a single company. -Additional requirements outlined in Hauling Ordinance as attached. Residential Recycling (Numberoftrucks) -Required for haulers performing residential recycling only for single family,duplex,four-plex and multi-family residential. -Applicable to independent firms,subcontractors,and licensed haulers. _ Construction/Demolition Debris(Number of trucks) -Required for haulers or contractors using containers greater than four cubic yards. -Additional requirements outlined in Hauling Ordinance as attached. FEES: $50 for first vehicle/$25 each additional vehicle. �@$50+ / @$25 = 7S. co . TOTAL NUMBER OF VEHI.CLES TO OPERATE IN EAGAN: MUST PROVIDE: Motor Vehicle Insurance // Date of Expiration -e_Worker's Comp.Insurance 3111141-Date of Expiration Rate Schedule *It is not the city's intent to add additional fees onto the license to provide for recycling and construction/demolition licensing, provided that the a corresponding residential or commercial license is obtained. 3830 Pilot Knob Road Eagan, MN 55122-1897 (612) 681-4600 City of Eagan Hauler Licensing Application n Construction/Demolition Debris hereby make application for a Refuse/Recycling license for the year�. Owner: JAy fl. Mo0a L, /70 r/f'I An A) 4U t, y / Tiarne Address City State Zip Telephone E" Business Name: Yc4-tta�.�C ame Address tV64i'U A�AJ L City State Zip Telephone Municipalities where presently licensed: _" LICtNSE TYPE: Construction/Demolition Debris(Number of trucks) - Required for haulers or contractors using containers greater than four cubic yards. - Additional requirements outlined in Hauling Ordinance as attached. FEES: $50 for first vehicle, plus $25 for each additional vehicle. TOTAL NUMBER OF VEHICLES TO OPERATE IN EAGAN. 1 @ $50: 50 _ @ $25 each: 51 0 Total: M. *Vehicles used in more than one licensing category must fill out a separate application,but pay only one fee per truck. Example: One truck which picks up both residential and commercial recycling needs two licenses,but only one fee. Please note if this is applicable. The following must be included in order for your application to be processed: ✓ Motor Vehicle Insurance Date of Expiration ✓ Worker's Comp. Insurance Date of Expiration Rate Schedule * If your company wishes to operate as either a Residential or aCommercial/Multi Dwelling hauler,a corresponding license must be obtained,and additional fees must be paid if additional trucks are to be used. If you need application forms or have questions please call the City of Eagan at 681-4600. 3� ,IGt r LG220 Rev06/96 Minnesota Lawful Gambling For Board Use Only Application for Authorization foran Fee Paid Exemption from Lawful Gambling License Check# Initals Date Recd Organization Information Organization Name - -- .Previous iawftil gambling exemption number V LLE 1/l��vE,z s y �� v X- I qL — q3 — 6.0Street City State Zip Code County 3 sEL�'liP �f?1 �E gvgNSVlLLE yl k, S�`337 D,4t-o7,4 Name of Chief Executive Officer of organization (CEO) Daytime Phone number of CEO First Name Last Name /4 c.(1 g6w c,6;- AM 9_ri AJ ( ) tY p S z.su Name of Organization Treasurer First Name Last Name Daytime Phone Number of Treasurer Type of Nonprofit Organization Check the box below which best describes Check the box that indicates the type of proof attached to this application your organization by your organization: Fraternal Q IRS letter indicating income tax exempt status Q Q veterans Q Certificate of good standing from the Minnesota Secretary of State's office Q Religious Q A charter showing you're an affiliate of a parent nonprofit organization Q Other nonprofit Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of Establishment where gambling activity will be conducted S t<-\l HI L_ ASK 1PARt: Street City State Zip Code County � �r � �l,U� C�osS ���n ����+� � � Ss►zz �aakoT Date(s) of activity (for raffles, indicate the date of the drawing) SLj3 9 lgq &, Check the box oV boxe which indicate the type of gambling activity your organization will be conducting *Bingo Q Raffles 0 *Paddlewheels Q *Pull-tabs Q *Tipboards *Equipment for these activities must be obtained from a licensed distributor Be sure the Local Unit of Government and the CEO of your organization sign For Board Use Only the reverse side of this application. Date& Initials of Specialist Local Unit of Government Jurisdiction Is this gambling premises located within city limits?F-1 Yes E] No If Yes, write the name of the City: City Name If No,write the name of the County and the Township: County Name Township Name Check the appropriate status of the Township: organized Q unorganized Q unincorporated [—Local Unit Of Government Acknowledgment 1. The city must sign this application if the gambling 3. DO NOT submit this application to the Gambling Control premises is within city limits. Board if it is denied by the local unit of government. 2. The county and township must sign this applica- 4. NOTE: A Township may not deny an application. tion if the gambling premises is not within city limits. Upon submission of this application to the Gambling Control Board, the exemption will be issued not more than 30 days (60 days for cities of the 1st class) from the date the local unit of government signed the application, provided the application is complete and all necessary information has been received, unless the local unit of government passes a resolution to specifically prohibit the activity. A copy of that resolution must be received by the Gambling Control Board within 30 days of the date filled in below. Cities of the first class have 60 days in which to disallow the activity. City or County Acknowledgment of Receipt of Township Acknowledgment of Awareness of Application Application 4Si nature of person receivi app ication Signature of person acknowledging application D Received: 3 - Date Signed: Title of person receiving application Title of-Prson acktu wledging application Oath of Chief Executive Officer I have read this application and all information is true, accurate and complete. - Date: Submit the application at least 45 days prior to your scheduled date of activity. Be sure to attach the $25 application fee and a copy of your proof of nonprofit status. Mail the complete application and attachments to: Gambling Control Board 1711 W. County Rd B Suite 300S Roseville, MN 55113 This publication will be made available in alternative format (i.e. large print, braille) upon request. Questions on this-form should-be directed to the Licensing Section of the Gambling Control Board at (612)639-4000. Hearing impaired individuals using a TDD may call the Minnesota Relay Service at 1-800-627-3529 in the Greater Minnesota Area or 297-5353 in the Metro Area. The information requested on this form will be used by the Gambling Control Board (GCB) to determine your compliance with Minnesota Statues and rules governing lawful gambling activities. All of the information that you supply on this form will become public information when received by the GCB. x