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01/02/1996 - City Council RegularVII. OLD BUSINESS (ORCHID) VIII. NEW BUSINESS (TAN) A. CONDITIONAL USE PERMIT, Reliance Real Estate, for a drive-through window for a proposed Schlotzky's Deli on the east side of Town Centre Drive next to Kinko's and Payless Shoes y B. CONDITIONAL USE PERMIT, Ryan Construction, on behalf of Ballard Moving and Storage, for outdoor storage of trucks and trailers in Eagandale Center Industrial Park at the southeast intersection of Center Court and West Service Road XZ. LZGI8LATIVZ/I1W=W0VZRNb=NTAL A3rT&XRS UPDATE (GREY) Z. JU*CMISTRATIVZ.AG NDA (GREEN) ZX. VISITORS TO = HEARD (for those persons pot -on agenda) ZII. ADJOURNMENT XIII. XXZCUTIVE 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, of status with regard to public assistance. Auxiliary aids for persons w t, disabilities will beprovided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City ofEaganwill attempt to provide such aid. AQXNDA CITY COUNCIL - REGULAR M=TING bdUNICIPAL CENTER BUILDING JANUARY 2, 1996 6:30 P.M. I. ROLL CALL i PLEDGE Or ALLROXANCZ II. ADOPT AGENDA i APPROVAL OF MXKUTSB (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. SPZCIAL RZCOGNITIONS (SLUM) A. DALE NELSON, Former Fire Chief B. CIVIC ARENA PRESENTATION - St. Paul Building and Trades Council V. CONSENT AGENDA (PINK) (PA. PERSONNEL ITEMS . PLUMBERS LICENSES PB. C. CONTRACT 95-H, Acknowledge Completion, Authorize Maintenance, Oak p.& Cliff 8th Addition Utilities Y D -CONTRACT 94-L, Acknowledge Completion, Authorize Maintenance, Rooney Addition Streets and Utilities Q E. '. CONTRACT 93-H, Acknowledge Completion, Authorize Maintenance, p Whispering Woods 9th Streets and Utilities 1 F. CONTRACT '94-13, Approve Change Order #2, Municipal Center Site Work ,12 G. CHANGE ORDERS, Municipal Center H. AUTHORIZE Police Department to approve Special Hunting Permits •.�7 I. 7 APPROVE RESOLUTION, Supporting Application for STP Funds, Duckwood Drive/Pilot Knob Road Interchange Area Improvements r6 J. APPROVE RESOLUTION, Supporting Application for STP Funds, T.H. 13 Corridor Improvements 96-03, g R. CONTRACT Receive Bids, Award Contract, Well #19 Pumping Facilities and Transmission Main Z� L. CONTRACT 95-07, Approve Change Order #2, Nicols Road Street Improvements a3 M. 1996 GENERAL ENGINEERING Rates, Bonestroo, Rosene, Anderlik 6 Associates atp N. PROJECT 699, Receive Petition, Authorize Feasibility Report, Safari at Eagan 3rd Addition V•�-1 0. COST PARTICIPATION AGREEMENT, Dakota County Land Information Department P.. 1995 STAR CITY Annual Recognition of Continuing Participation VI. 7.00 - PUBLIC HEARINGS (Slb=) VII. OLD BUSINESS (ORCHID) VIII. NEW BUSINESS (TAN) A. CONDITIONAL USE PERMIT, Reliance Real Estate, for a drive-through window for a proposed Schlotzky's Deli on the east side of Town Centre Drive next to Kinko's and Payless Shoes y B. CONDITIONAL USE PERMIT, Ryan Construction, on behalf of Ballard Moving and Storage, for outdoor storage of trucks and trailers in Eagandale Center Industrial Park at the southeast intersection of Center Court and West Service Road XZ. LZGI8LATIVZ/I1W=W0VZRNb=NTAL A3rT&XRS UPDATE (GREY) Z. JU*CMISTRATIVZ.AG NDA (GREEN) ZX. VISITORS TO = HEARD (for those persons pot -on agenda) ZII. ADJOURNMENT XIII. XXZCUTIVE 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, of status with regard to public assistance. Auxiliary aids for persons w t, disabilities will beprovided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City ofEaganwill attempt to provide such aid. Agenda Information Memo January 2, 1996 Eagan City Council Meeting The Director of Parks and Recreation and a representative of the Eagan Foundation/Fund Raising Committee will be present to accept the "check". (The City received the funds approximately one month ago.) A plaque has been prepared thanking the Trades Council for Mayor Egan to present to Mr. Anfang in appreciation of their funding and in working cooperatively with the City to complete the Civic Arena. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 299 1995 SUBJECT: AGENDA INFORMATION MEMO FOR JANUARY 2, 1996 CITY COUNCIL MEETING �� After approval of the January 2, 1996 City Council agenda, the December 19,. 1995 special City Council minutes and the December 19,1995 regular City Council meeting minutes, the following items are in order for consideration. A. DALE NELSON, FORMER FIRE CHIEF ACTION TO BE CONSIDERED: To present a plaque to former Fire Chief Dale Nelson in recognition of his service to the City of Eagan as Chief of the Volunteer Fire Department for the past three years. B. CIVIC ARENA PRESENTATION ST PAUL BUILDING AND TRADES COUNCIL ACTION TO BE CONSIDERED: To present a check to the City for the Eagan Civic Arena by the St. Paul Building and Trades Council. FACTS: A brief presentation by the St. Paul Building and Trades Council will be made. Dick Anfang, Executive Director for the Building Trades, will be presenting a check to the City for the Eagan Civic Arena. The money represents that portion of volunteer work the Eagan Civic Arena Fund Raising Committee was to have performed but was completed by the arena contractors. The Council will recall that the Director of Parks and Recreation and City Administrator met with the Building and Trades Council over the issue of volunteers doing union labor. The Building Trades Council; Sheet Metal #10, Ironworkers 512, Laborers Dist CL, Pipefitters 455, I.B.E.W. 110 and Building Trades Market Recovery all participated in funding the project so union labor would be used rather than volunteer. MINUTES OF44"ULARMEff.-M OF THE Minnesota or it, Iwo A regular meeting of the Eagan City *' was held* -'Tuesday, December 19, 1996 at 6:30 p.m. at the Eagan Municipal Center. Present liftifor resen were -,W'C-4uncAnvxnben; Wachter, Awada, Mash and Hurter. Also present were City AdminLstiator Tom I'lW&9%:06mmunity Development Director Peggy Reichert, Director of Public Works Tom Colbert, Finance Director Gone VanOverbeke and City Attomey Jim Sheldon. Administrator Hodges noted anaddBusiness which Is a Ikew agreement for MinrxWa Urnited Liability. He received a requoitti '.*.*. 00iis'ppcwation to consider their Itern under Now Business after their items under Old Business. He "i-iiiated Nii:ftems I and L on the consent agenda are being continued, and that Item N should be Contract WW Iristead-d 95-17. Wachter moved, Awada seconded a motion to approve the agenda as amended. No AY Councilmember Hunter requested an amendment on page 6, last paragraph, that the wording be changed to oft Is the reason the planned development zoning Is In the code and he feels it Is clear that the city has the flexibility to change and modify uses within a planned development agreement.' Further down, he requested a change to read, 'Therefore, 664". oper had the right to proceed with their development after the motion to reconsider.- He also request .*A.* on page 7, changing two references to 300 feet that should be 350 feet. He also requested addh16"40VU first paragraph state, 'Mr. Zech � ... .W :on page 8. ph to replied no. Hunter responded by stating he bell!�ved ft'*OW* yps aware." Finally, on page 15, regarding the fee schedule, he requested that the lavage .I�W-.. to$850 be changed to 'so much'. Counclimember Masin asked about language .i 3* reMafing to statements made about Mark Miller suggesting this be referred back to the Pla..,....:'. hislon. She noted that Mr. Miller came to that meeting later and Indicated he felt he was misquot i •and she wondered whether language should be added to reflect that Counclimember Hunter stated he doesn't feel it Is appropriate to add it to the minutes, but it will be noted in the minutes of this meeting, which will provide some clarification. Mayor Egan made a correction on page 3, that Ed *Rundquisr should be aBrunkhorsr. He also requested the addition of language on page 6, paragraph I to read, '...because it was felt they were not appropriate as high density residential.' Wachter moved, Awada seconded a motion to amended. Aye: 5 Nay: 0 Awade moved, MasIn seconded a motion toi. Wove tl minutes as submitted. Aye: 5 Nay: 0 Hunter moved, Masin seconded a motion to approve the minutes as submitted. Aye: 5 Nay: 0 Hunter moved,submitted. Aye: 5 Nay: 0 CMC ARENA COMMUNW..UPDATE Parks and Recreation Director Vraa gave an update on the civic arena operations, noting that In the last two months, over 460 hours of Ice time have been rented and over 400 people participated In the Leam EAGm crry ocxjwx miNurEs; =Emsm io, sof PAGE 2 ............. to Skate program. The second registration sbaskx+ started and -'ire again approaching 400 people. There have been about 6,000 people In the open skW"g sessions. TheVImve had six high school hockey games and their first hockey tournament. The Ice rental riAliq Is aheadail p djections, as Is the concession, skate rental and advertising. He feels they are on track, bur'kr# 8 long way to go. They are pleased with the numbers. Discussion followed ronaerninp vvF #kinesota Moose are 401 practicing here, and temporary additional parking. LICENSE AGREEMENT, MINNESOTA LIMITED UABIUTV that needs to be addressed by the end City Attorney Sheldon noted that of the year. He explained that there were six lots the buyer only warded three of the lots. Opus would only allow the sale of all six. At the sar4lkne, the -Adik Department was looking at a proposed trell easement and it was determined that purchashV*.m lots..w@!Ad be less than the condemnation of the trall easement. That deal Is still In nsQotIAJ.M.:1 but *�in sewer discharge Is necessary for the development of the other three lots. This allow that Hunter moved, Wachter gri seconded a motion to approve the license igiieiwnt as wed. Aye: 5 Nay: 0 Councimember Hunter asked about the status of the pedestrian crossing at Walnut HUI Park, and Director of Public Works Colbert Indicated it Is scheduled for the first quarter of 1996. In regard to Item A, Personnel items. Obw.,Wachter Indicated he would like the 3% car .. ........ expense allowances for department heads reduced to 2%.'*-:Adffi11h1$rator Hodges explained that typically the car expense coincides with the salary Increase. her Co wilm bers concurred with the reduction to 2%. Councimember Hunter asked for an expIanatI.(*-'.of.:.-'-'*.;0 Ifti-i-between Clerical Techs 1, 11 and III and Secretary and Councilmember Awada explaii-lid.:::::Somg'discussion followed concerning Comparable Worth. CouncUmember Wachter requested an explaift1lon of the duties of the Administrative Technician In the Police Department, and Administrator Hodges reviewed the duties. Counclimember Wachter asked whether the Planner that resigned had another offer elsewhere, and Administrator Hedges explained that he Is pursuing a job In a more rural setting. In regard to Item J, Ch Attorney Fedftlas--forJIM-.--QaW�clilmember Hunter asked whether these rates were provided for In the budget. AdmlnWfti64k446kiate!E .qoolllng Is set in the budget, and it has come in under that amount the last two years. He doesn't•it will 4ye an Impact on the budget allocation. In regard to Item K Develo2= ROOM -0 Aoo anon Form ani intorimiora manooLas. GouwAmernber Hunter stated he feels these are veq vkod and4MI make the process easier for developers. He would Ike to add the posting of signs on property proposed Wdevelopment within two business days after receiving a completed application. Community Development Director Reichert Indicated they anticipated the Council would wart that, so to notification sign Is on each of these checklists. They will be bringing the subject of signs on a future workshop to get some policy direction on how the Council wants to do this. Councilmember Hunter Indicated he doesn't need to see this. *.*.suggested that 90 print up some signs at a minimal cost and start putting them up. Discussion foUowe&"** ng what material the sign should be, the size and what the signs should say. Co ' unclimernber Hurdik---"Wso suggested that addresses be published in the notices along with legal descrIptk)r6K-'.-:.,; - UAW 0~ concerning extending beyond the 350 feet notification requirement. Councilmember *"'W'46"of these Issues should be reviewed by task forces. In regard to Rem M, Project 090. Councimember Awift—hoted that the applicant has concerns about the costs going up, and she would like those questions to be addressed at the public hearing. Discussion followed can a lot line dispute that affected the costs. EAGAN CITY COUNCIL MINUTES, DECEMBER 19, 1 ... PAGES A. Personnel items Item 1. It was recommended to approve the hi�'-' , -of Gregory § as a regular full-time Park Maintenance Worker, subject to successful completion 0 ii��ori requirement. Rom Z It was recommended to approve the hiring of Jason Ball, Andrew Beecher, Matt Buck Martha Buyck, Lindsey Dickinson, Francis DroplK I(Im Gill, Ryan Gill, Dana Hampton, Shannon Haugh, Heather lqos, Ryan Pic and Megan Wagner as part4kne seasonal Winter Recreation Leaders. the compensation rates for regular, non - Item 3. It was recommended to approve an collective bargaining employees; an IncreasedA* ""t&h6&*Ww rates for temporary and seasonal non - collective bargaining employees, with the exception ofiiidlon jtkijjie rates; an Increase of 2% to car e)qxw allowances for department heads; mileageWmburso'* n a rates. -I@ be so at the Internal Revenue Service amount; and an Increase of $6.09 per month .tothe .QW%ptoward premiums for #069 regular non - colective bargaining employees choosing WWW fti e: overage. Item 4. It was recommended to approve the reclassification of the Clerical Tech III position In the Fire Department to Secretary, effective January 1, 1996. Item 5. It was recommended to approve the hiring of Ken Southern as Administrative Technician for the Police Department. Item 6. it was recommended to approve the re with DCA, Inc. for administrative services for i4 the City of Eagan's Flexible Spending Account �"Mftflon from Scott Harlicker, a Planner in the Item 7. It was recommended to accept ft IA&W:0 Community Development Department. B. Plumbers Licenses, It was recommended to approve the plumbers licenses for Al's Master Plumbing, Century Plumbing and Heating, and Doug Linden Incorporated, as presented. C. Special Huntina Permits. It was recommended to approve special hunting permits for Rick Matschina and Ray Johnson as presented. D. License Renewals, It was recommended to stable, refuse haulers, tobacco sales and tree i 620'1-, 1 i7l, 7-160 FT' Be renewals for paintball sport facility, as attached In Exhibit A. It was recommended to approve change F. Approve 1995 General Fund Budget Adiustmeals. it was recommended to approve the 1995 General Fund budget adjustments as presented. G. &W[w 1996 Special Revenue Fund Budgets, It was recorn4it 'xied to approve the ING Special Revenue , "' w 4 Fund Budgets, Including 113 Housing Revenue Bonds Fund; 4:1 'Police Forfeiture Fund; 116 Housing and Redeveiopment Authority Fund; 117 R ..... .. Franchise Fees Fund. W. _.W.- General Fund Balance to the Radio Replacement for Abatements of $500,000. authorize the transfer of $1,250,000 of the nd and authorize a General Fund Reserve EAGAN CITY COUNCIL MINUTES DECEMBER 19, PAGE 4 1. Contract 96-0.3, Well No. 19 Contract AwilK (This item was 4WInued.) J. Cpl Attomev Fee Rates for 1996, It was ra} gmendad to Ipi+e the 1996 fee rates for Severson, Wilcoxand Sheldon ot $50 per hour for paralegal wow : .I. t [ general legal work and $145 per hour for developrnert work. L =�L : •�• 1,= L =fG= l = •�•, r, • •illi % L• 11 •.1-",rINT, I a.= T. •. L_- - _ : f • IT.:; • '_ • • • • (This kern was M. p[ject 636R. Ponder Lane, it was rec .... ie -t6: ft":g* revised feasibility report for Project 636R and schedule a public hearing for January f6;'1J9ti. N. Contract 95-06, Well No. 18. it was recommended to receive the bids for Contract 95-06, award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. Nay: 0 Wachter moved, Awada secondea:*; j i"*tori xo approve the consent agenda as presented. Aye: 5 CERTIFICATION OF41'96AMMLE PROPERTY TAX LEVY Hunter moved, Awada seconded 's motion to approve the resolution certifying the 1996 Payable Property Tax Levy, Aye: 5 Nay: 0 1996 GENERAL FUND BUDGET AND 1996 ENTERPRISE BUDGETS INCLUDING WATER, SANITARY SEWER, STREET LIGHTIN;:TOiA.:D�tA11NACF4WATER QUALITY AND CMC ARENA Administrator Hedges noted a letter was recelved#r011'Gaiy Lee, 1237 Wilderness Park Circle, asking some technical questions about the budget and the IN... hearer process. He noted they have attempted to reach him to answer his questions, but haven't been akuf,,"Mp noted that previously, the Council had the budget public hearing in August, but due to Truth In!1><ation, X are required to be held in December. Mr. Lee raised a concern about the short period of time people havaXi# review the budget. Councilmember Hunter noted that residents can also participate in the work sessions when the budget Is reviewed in the summer. Wachter moved, Awada seconded a motion to approve the 1996 General Fund Budget and 1996 Enterprise Budgets, trlcluding water, sanitary sewer, street lighting, storm drainage/water quality and civic arena Aye: 5 Nay: 0 STOP SIGNS, WESTON HQ DRiVE Director of Public Works Colbert gg o: i i teiy ring the Minnesota Manual on Unlorm Traffic Control Devices warrants which must be met for stop sign Installatlon. 'He noted staff did a stop sign analysis, which indudes a speed study, site distance evaluation, traffk::nt, and accident analysis. He noted there were no accidents because it Is a new area. The site distant :i6i rvey showed there Is good site distance cit at least 250 feet In all directions. He reviewed the traffic volumes and the predominant traffic movement in the area Staff ecoid not find any criteria that would warrant Installation of a stop sign. He noted that speed studies EAGAN CrTY COUNCIL MINUTES, DBER 19, ISW-*.*.'.'.'*,"",*,*,***"",*', PAGE 5 were performed on two days, ooA9 of whIc0id Poor weather od�ftlons. Of the 97 vehicles observed, 39 vehicles exceeded the speed limit. The highia' W . " * Mxrecorded. 43 mires per hour, and the average Spew alcul was ced to be 30 miles per hour. He'W the city k)$WQ temporary pedestrian crosswalk striping at the intersection of Red Pine Lane and Wesrad.' school activities, it meets the criteria as a Iogk1% 4*the designated pedestrian crosswalk for " "06011 from a significant generator, which Is the Weston Hills neighborhood, to an attractor, which Is Red Pine Elementary School and the city park playground. Staff cannot Identify either Intersection as meeting those warrants; however, staff could provide some Justification for stop signs at the Intersection at Red Pine Lane and Weston Hills Drive due to the school crosswalk location. They have been ln(omvd.-#W..4.petition will be coming from the neighborhood for sidewalks. He has also been kdorrned tw.:#" Ek is is no longw a significant Issue due to the completion of the houses In the area Discussion =fowW* the location of proposed stop signs and how they relate to current traffic patterns. Myriam Hussman, 4677 Strafford LarivnP.W64the ... .... ftorhood did not expect to meet the criteria, ......... .. ........... but were concerned about the safety of thi.*MW IYOW'installation of stop signs and reviewed the traffic patterns of the vehicle and pedestrian1iiM .6. She raM:it all other elementary schools In Eagan have sidewalks from the school to a main road. Another suggestion the neighborhood discussed was putting up sctxx31 zone signs and reducing the speed limit. Councilmember Awada noted that to city cannot reduce the speed limit below 30 miss per hour unless it Is a designated school zone. Sti0.-'#,qted she feels a sidewalk Is necessary on Weston Hills Drive regardless of whether a petition Is received: *-'".ft nber Wachter noted that the city has always gone by r the guidelines; however, due to the fact that thliC.p'0ta--r-e`a%`*. oti wftd because of the school, he feels an exception could be made. Counclimember Hunter ooncud.W, notina:ftt . there Is a very definite attractor In this case which makes it different than most requests. Hil'iAkated. N:006ii to waft to got the petition for sidewalks, because he wants to make sure the residents " 'Al 0 like property away, put the onus on adjacent property owners for snow removal, and MWeiiia pay for diem. Considerable discussion followed concerning how many and where stop sign*411bid be put In. Director of Public Works Colbert suggested that I the Council wants to put stop signs at either Intersection, that signs be placed In all three directions to eilminate confusion. Hunter moved, Awada seconded a motion to approve the Installation of six stop signs at the I-gersectlons of Weston Hills Drive with Red:.P :at: ;:w.id # Intersection of Stratford Lane with Weston Hills Drive. Director of Public Works Cdiiaic as ...prosswalk analysis be considered with the sidewalk. Aye: 5 Nay: 0 PROJECT 694, PROMEIWE FEA*OIUTY REPORT PROJECT 695, YANKEE DOODLIVA5E OCA.. DOR IMPROVEMENTS Administrator Hedges reviewed the process that has been followed to date. Michelle Foster, Senior Director of Real Estate for Opus Corporation, Indicated they are prepared to proceed based on a figure arrived at earlier In the amount of approximately $3.357 million. She requested that any savings Incurred from the estimated costs be split equally between the city and Opus. ft -also requested that the special assessment portion of the costs estimated at $1.2 million be assessed ovesia".20 year period. She noted that Opus would Ike to consider doing the portion of the Internal roads that are OW&Ir property privately, as they feel there may I * i be some savings that could be realized * 9 discussion followed conceming these requests Hunter moved, Awada seconded a motion to receive 4raft feasibllky report for Project 694, with the special assessments to be spread over 20 years, and that a pu&16 hearing be scheduled for January 16, 1996. Considerable discussion followed concerning how to compute any savings, how to compute the exact amount Opus Is paying, and how to modify the feasibility report based on Opus' request to do the Internal EAGAN CITY COUNCIL MINUTES; DECEMBER 19,1G9.: PAGE E ... .. Wnprovements lhem:Wves. Director of Pt3bll c'1111orks Colbert %QgjjW the %asiW ty report be kept as it Is and M Opus decides to do portions of the project purely, prtions offt feasibility report could be removed at a later date. Administrator Hedges added that t( .ropmserdatI4.- t'the O'Nells and Opus should talk to the Director of Puctic Works and City Attorney reg". # ::,j Avt#'rsk iAectlon to special assessmerts. Aye: 5 Nay. 0 Hurter moved, Wachter seconded a motion to receive the drag feasltA Ity report for Project 685, subject to the clition that any project savings be split 50-0; that the special assessments be spread over 20 years; and In the event that Intemal roads are constct�tgo..privately, they must be constructed according to city standards to be verified by inspection of deq:kad #3'ilpection d actual constnlction; and that a public hearing be scheduled for January 16, 1996. 06& r b Iwachter asked why so many changes are being prr Wsad for the Yankee Doodle Road/35E irtte d*W. Dt�tor of Public Warks Colbert indicated they warn to recapture some of the bridge width for a trallwo* Gerry Messier, 1523 Aspen Drive, hal #funs Tit assessments and a new bridge on Yankee Doodle Road. Director of Public Works Cd6ih explained'tke'r ng road concept, noting that this is the first phase of the project. The new bridge on Yankee Doodle Road will be In a future phase. He also announced that there jai be an open house on this project on January 8th. Aye: 5 Nay: 0 EAGAN PROMENADE, ENVIRONMENTAL ASSESSMENT WORKSHEET AW—WETLAND REPLACEMENT PLAN Community Development Director Relc1ie1R-:ye::aff report, noting that all Issues have been responded to and can be mitigated. Councilmember Wacfki questioned the wetlands Issue raised by the Metropolitan Council, and Jenny Ross, of SRF, imted a rtf?afidation was made to have a wider buffer around the wetlands, however it Is not a requires nf:.: ''l r NCO* wetland that was designated as having special significance as a wildlife area, and theG0; f.00*iywider buffer strip around that one. Hunter moved, Awada seconded a motion to approve a res f6 regarding a negative declaration of the need for an EIS for Eagan Promenade. Aye: 5 Nay: 0 Hunter moved, Awada seconded a motion to approve the Wetland Mitigation Pian for the Eagan Promenade project, subject to the execution and recording d the Declaration of Restrictions and Covenants for Replacement Wetland prior to recording of the final plat. Aye: 5 Nay: 0 LIVABtjr .Q,EailAW. NITI :GOALS Community Development Director Reichert gave.o staff repA summarizing die Indicators, benchmarks, existing conditions and proposed goals. In prepari ftithese ii, . s, it was determined that the city has a diversified housing stock and sufficient density; and t*.:fte city d encourage more home ownership and work on affordablity. She noted the Planning CorraA'sion Is rdWinmending approval, and the Metropolitan Council has reviewed the goals and feels the goals are generally*,40ropriate. She stated they will be working with the other Dakota County communities that are clustering to work on an action plan so the limited funds of the Dakota County HRA can be shared strategically among the communities to most the goals. Counr,>I nember Hunter stated that it Is Important that people know that these are just goals; they do not bind the city to anything. He feels the gods have sufficient flexibility t+a:oWntain the status quo In some areas. He feels it fits the spirit c74 the Livable Communities Act, and he wtWraged people who have concerns that the purpose of this Is to add a lot of low income housing to read ticie`0* pais In their entirety. councimember Awada indicated its itrt' ip rEift. ifis program. She feels Eagan Is within the parameters the legislature Is trying to accomplish, and she feels. O.i:,a waste of money. Counclimember Hunter pointed out that Eagan taxpayers are not paying Into this prograaii":but Councilmember Awada noted that they ars paying indirectly through state taxes. Councilmember Miker noted, however, that If the city didn't participate in this program, the taxpayers of Eagan word still pay into the program and get nothing. The city will get funds from this program. Counclimember Awada noted that 9 enough cities opt out of this program, EACAN CITY COUNCIL MINUTES, DECEMBER 19, 19W PAGE 7 eventually 1twould berepawed. She doesn't i'd Oport reliance on t"ti a for funds and Councilmember Hunter concurred with that, noting the City of Eagoo**uld maintain. -ft: flexibility and means to drop out of this program In the future if they wish. Mayor EgiiA"**** 6W* kV lose and somet I Sated he feelp'.J..'"city has nothing to a h ng to gain by ttiis- He feels these gceb are opt out In the future If they wish. This Is much beftec than the Tax Bass Equalization Act d*4"' previously. After some discussion, Masin moved, Hunter seconded a motion to approve the Housing Goals Agreement with the Metropolitan Council under the Livable Communities Act program and to forward an executed agreement to the Metropolitan Counco ky adoptim- Aye: 4 Nay, I (Awada opposed.) ADOPT POSMON, DUAL TRACk Ji;IRPOR LANNING PROCESS rd to the Administrator Hohensteln.4'"'.i.. a staf .:s port, explaining the two alternatives, and reviewing the history of this process, the 0WWWW' *"at the recommendatiom, the Issues to be ..... ... .... ft considered, and a comparison of costs ass6Wia . with ii6:46inative. He reviewed the Governoes position opposing continuation of the study, and legislation to be Introduced by Senator Ted Mondale to stop the process. He feels the Council should still make a recommendation. He reviewed the noise and environmental Impacts of each option, as well as the Issues of convenience and changes In development patterns. He reiterated the recommendation of the Advisory Planning Commission and Economic Development Commission to expand the current airport, with the understanding that significant mitigation would be required. The Airport Relations Commission recommended relocigikkipf-the airport, with significant mitigation components. All three commissions recommended support of Counclimember Wachter asked whether.the current highway system will handle all of the additional traffic, and Assistant to the Administrator Hohte -I vill i upgrades that would be needed with relocation of the airport. Gerry Messier, 1523 Aspen Drlve;:;60oke In favor of relocation of the airport for noise and safety reasons, and to keep Northwest Airlines here. Steve Sodeding, 4657 Park Cliff Drive, a member of the Airport Relations Commission, stated he feels expansion of the airport will Increase the noise problem and will Increase the corridor problem. If expansion is approved, Minneapolis will try to force mi". and west. He feels the mitigation costs will be much higher with expansion of the current - 1 Myriam Hussman, 4677 Stratford Lane, Indiciaid they {#6't think they would be bothered by airport noise when they built their house, but they are. T5._' wou14M have built there N they had known that Discussion followed concerning the flight patterns of ;U* currecd-*' rport versus the relocation of the airport. Councilmember Hunter referred to figures outlined In Senator Mondale's bill and discussion followed concerning how accurate the figures are and what costs are Included In the estimates. Councilmember Hunter taed that the expansion option doesn't Include the third parallel runway which he feels will definitely be needed. The operation growth projection was determined to be.1/2% per year, but the real operational growth that has been seen over the last 15 years Is 81 /296, so he doesi9-flielleve the growth projections that are being staked are accurate and he feels the expansion capacity will 4WWy be eaten up at the current airport He doesn't feel the assumptions by which the.Y)W. Qf cis arlrere based are completely accurate. He feels the $2.8 billion 00 was estimated for ft' 410on will quickly grow to equal or more than p the cost of a now airport. The numbers can be'6nipulated %16 agrees with the conclusion of the Airport Relations Commission and favors relocation. Counclimembes:;ftsin concurred, stating relocation makes the most sense. She feels that In order for a region to be economiWift viable, it has to have Intemational air travel. With the expansion of the current airport they will not be able to have maximum capacity. It would just be N.3ong lase. She feels the safety and noise Issues are Important as well. The amount of money associated EAGAN CiTY COUNCIL MWrUTEs; SABER 19, tett:; PAGE ..... ... With relocation Is a ca>*rn, but she feels dW land banking nem to be done regardless of the Count's reoorrndation. CouncUmember Awada stated she t agrees :.... OF dale's bili. She supports leaving the airport whomis She feels Eagan benefits greatly front ;VWA to the current airport. She supports expansion d the cwent airport, but also supports land banking. She feels that as technology gets better, the noise problem will diminish. If Northwest Abil les ever leaves the area, the opacity needs would go down aign�y. The location of tine c urrerx airport Is convenient. Count imember Wachter stated he supports expansion of the existing airport as well_ He feels the study went too far and was a waste of taxpayer dollars. He feels Eagan would lose the most IF the Mayor Egan rooted that he originally supported.agoansk=Ofthe curTat t airport, but looking .at all of the Issues, he feels that if a new airport Isn't bunt, the TwintW will riot be able to be competitive. He feels t Is In the best War" of Eagan and the entire metro. -is- fie to + the airport. Considerable discussion followed. Counclimember Hunter stated he hOsi to Is #cue In their views, and he feels the vote will mean more t it Is unanimous. It appear*::tl*::bUUnA.".- ± es' with land banking. Discussion followed on cceming enforcement of the corridor, the opacity of the current airport, and the strength of a unanimous vote on this Issue. Hunter moved, Wachter seconded a motion to support expansion of the current airport with the conditions that no expansion be pursued until the entire fleet is at Stage III or quieter and that the state land bank the site of a possible future alrpdi't-'tit.#* currently Identified expansion site. More discussion followed concerning the effects of Stage III'81r'ctE'Oa; Ojoyel of delay on the capacity of the current airport. Mike Schlax, 3119 Joyce Court, member of the Ali'piid -ft- .W s Commission, stated he feels expansion Is a bandaid approach to the problem. CouncilmemW Hunto r tn3d teat his Intent In the motion Is that In the year 2000 when the fleet Is entirely Stage III aircraft, the. LNW 4(4 should evaluate the opacity of the airport and the growth that occurs between '-:WY ' trend Is dearly that the airport will exceed capacity, a new airport should still Vithout land banking, this would not be an option. He requested that be a friendly art>tidrnient to his motion. Mayor Egan suggested that t the airport Is expanded at its current location, that additional noise mitigation measures be Increased commensurate with the amount of impact. Councilmember Hunter concurred, suggesting $160 million. Assistant to the Administrator Hohensteln responded that that amount Is probably Inadequate because it only covers the current maximum CIP amounts and what Is In the dual track estimate. The sense Is that substantially more Is needed. Councilmember Masan stated ttW;.lf :mgr@;Poiw.lnsulation is needed, t means the airport Isn't working at its present location. Considers.... ie t l vt : t tipwed. Aye: 5 Nay: 0 Administrator Hedges reported on a meeting # had wB ..*"sentatives of the MVTA, and noted he will be distributing a survey to Councilmembers. Counclimember Hunter asked about the status of the Dakota County Economic Development Partnership. Administrator Hedges Indicated he submitted a letter that was going before the membership committee in December, and a reconunendation would be forwarded to the Board of Directors in January. Special City Council Meeting SchjO4W:: ,Wachter seconded a motion to approve a special City Council mwft for Tuesday.'Jia�e kiaitY0. ,Advisory Commission lntoM*ws. Wachter moved, i da seconded a motion'to set a special City Council meeting for January 15, 1996 to conduct advisory-*corrunissbn Interviews. Aye: 5 Nay: 0 Administrator Hedges reviewed the tounclf calendar for January and February. c r r• � r� _ � - c Director of Public Works Colt Eagan Promenade due to the new ca followed concerning the rationale for to do the feasibility report for the by Opus. Considerable discussion to calcuWe the amounts. Mayor Egan reported on a meeting with represerdOves d The Sage Group regarding locating a life cycle mm housing facility for the elderly In Eagan. He Indicated he will forward Information he received to Councimembem. Discussion followed. :i CounclImember Wachter asked aboiit'tM:* :11* Carriage Fails Golf Course that the City Administrator was Invited to. Administrator Hedges r$piarled on:#p meeting, noting that he and Community Development Director Relchert met with about eight ,*ple who i ll themsehres the Carriage HIVs Coalition Board and who serve as contact people for their neisorlwocl: Wachter moved, Egan seconded a motion to approve the checklist dated December 14, 1995 In the amount of $2,741,016.94. Aye: 5 Nay. 0 The meeting adjourned at 10:49 p:m:� # : t k.... ve Session. r DLP If you need these minutes In an alternative form such as large print; braille, eudlo tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535). The City of Eagan Is committed to the policy that all persons have equal access to its programs, services, aciivfties, facilities and employment wittrot#;fQQs! f; p:►ap%.•goW,.creed, religion, national orlgln, sex, disability, age, marital status or status w46$npE:is#ence. MINUTES OF A SPECIALMEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota ..:.-09ftmber 19, 1995 A special meeting d the Eagan City :6hNesday, December 19, 1995 at 5:00 p.m. at the Eagan Municipal Center. Present were h*or Egan and Cour members AwachL Wachter, and Hunter. (Counclimember Masin arrived at 5:30 p.m.) *so present were City Administrator Tom Hodges, Director of Public Works Tom Colbert, Community Developmek , tilredor Peggy Reichert, Fhwm Diiector Gem Vanoverbeke, Parks and Recreation Director Was. and Senior Planner Lisa Freese. LIVABLE COMMUNITIES GOALS UPDATE Community Deve4opment Director F100hert gaWan overview of the UvaUe Communities gals, noting the City of Eagan currently has 64% single farrQi:detach 4causing; 15% apartments, and the ramindef non -single family detached housing such as duplex, toWittome, o- dMorninlum etc. Upon looking at the projects approved but not built, the numbers are much higher for Mand the single family housing goes down. The projected housing stock Is 51% single family. 22% to4l 1*146; gio ... ..*- L 23.5% apartment. Senior Planner From reviewed the six benchmarks developed by the Metropolitan Council, which are based on a composite Index for communities of similar development composition and of similar geographic locations. She noted that each community participating In the Livable Communities Act Is required to set housing goals based on those criteria. The first benchmark Is for life cycle housing,,yA*.b..*Om.%*.mw-ttwo Is a variety of housing types for residents throughout their entire life cycle. She lndIcated-W'i4***"'4on- 9 family detached housing Is 46% of the total k sing! housing supply. The Metropolitan CouncU'8,16#k4ange Is Wween 35 and 38%, and the qty's goal Is to stay within or above the benchmark range. Community Development Director Reichert Council looked at their preliminary plan and they have Indicated support for it. They Indicated tli8t tfie City of Eagan's plan goes further than other cities In setting out how the city plans to attain Its goals. (Councimember Masin arrived at this time.) She further reviewed the benchmark for owner/renter mix, which Is currently 69%/31%. The Metropolitan Council benchmark Is between 72-75% owner occupied, and between 25-28% for rental housing. The city's goal Is to move toward that benchmark by encouraging the development of additional ownership housing. The city's affordability ownership* InOW."' * W& .. Won the percentage of the 1994 homesteaded properties valued at$115,000orless. The jl��hrri":k: eon 69-70% of all homesteaded properties. The city's goal Is to work toward that benchmark aldibbgh it that it will be a dhallenge to maintain the current Index The city will continue to support HRA housli.orehabilitg0pn programs and Improve access to financing for Individuals and families Interested In purchasing these hiD pw.-.qWber Hunter expressed concern about why 69% of the housing should be affordable. He feel ... especially for a city like Eagan that doesn't have . ........ . a kx of older homes. Senior Planner Freese added #0 the'Mkiators, are not very realistic for some communities. Senior Planner Freese went on to review the affordable rental howft Index ~ Is 22% of the total rental housing stock which Is based on a monthly rent of $500 or less. The benctwn3rk is between 3s4o%, and the city's goal Is to move towards that; however, the new ental housing W r ng suggest that :tpr construction of maintaining the current Index Is a more reallsft,'.' that the city exceeds the Ile cycle benchmarks especially for owner -renter mix, so they wilt .jW*nooura go aft." M094arnly rental development, but rather will exp4 or@ rental housing rehabilitation progri**ibiptions and support the use of Section 8 vouchers. EAGAN SPECIAL CRY COUNCIL MWTES; DECEMBER 19, 1995 PAGE 2 The overall density of single family #%pched dwellings Is 1.8 units/acre. The benchmark In Eagan Is 1.9 units/acre, and the goal is to achieve the bi&hmark on new single family developments. The overall density for muffi4arnly housing Is 9 units/acre, and tl*:6anchmark Is 10 Wits Per acre. The city's 9081 for townhouse units is to maintain a net density of 5 unb/acre, wxJ-f0.r.--& x.W -.1Q..pnks/acre. She noted that considering current type of multl4amily housing constructed, market conditions, It is anticipated that tom ftWAO.)W. ry V*%"*, '"'. I be difficult to r"Ize- which means that an overall multi -family don 10 ui�Wpdt acre wil In summary, C*ffwmmky DevelopTihit . :Director Reichert stated she feels this review shows that Eagan has a diverse housing stock and UW they will work toward them goals when considering Uwe development. Councilmember Hunter stated he feels the goals have enough flexibility to meet the Intent of the Livable Communities Act. F`INANCING OPTIC "/PR0MqW.E DEVELOPMENT PROJECT Director of Public Works Colbert rev*'ed the 00kround of this Issue, the costs associated with this project and possible funding sources, and three opitilidins for hkdng these Improvements. He noted that option I assumes no development of the Eagan promenade. to scenarios 2 and 3 previously discussed. He noted that option 2 Is what Is currently ao Jor participation by Opus. He added that there Isn't much difference between options 1 and 2, but there Is a $1.1. million difference with option 3. He reviewed the purpose ot the Major Street Fund, noting he feels this Is exactly the type of project the fund was Intended for. Counclimember Hunter noted that when the Improvements were done for the West Publishing project, they contributed approximately 35% of the total project cost Opus Is.asking the city to consider 50% of the costs. He feels that Is a fair request. Mayor Egan noted that oW. -4 wq need by West Publishing, these Improvements would not have been done for quite some improvements are needed now. He feels option . - . %iii -k -i" * e would be a three year payback, which Is good for 3 Is fair. Councilmember Hunter added on 3 r the city. Councilmember Awada noted that with t6e,14- * W-00'IsWp . -- * " g Improvements, other funds picked up 31 % of the project special assessments were 27%, and West Pu Ab-': 6iiiiiii.V.pald for 37%. Under option 3, the city pays for 50% of the costs and under option 2, the city pays 30% of the coifs. There are no special assessments under this project, so she feels the city should only pay for 30% as In option 2. 'Councilmember Hunter noted that Opus Is proposing a 42%/58% allocation of costs, and the Major Street Fund was set up for this type of project. Mayor Egan noted that under the West Publishing Improvements, there was also a benefit to the local residents. Councilmember Wachter asked whp.ft "d 0has telly consideration of these proposals between Opus and the O'Nells. Michelle Foster, of OpwF:.. p consideration was given two weeks ago when scenario 2 was approved. They decIded:i1it-:ftW tirri t $4.9 million was the bottom line they would be able to fund. They are at the maAmurn 00 tenarAo-are willing.lo absorb. Tim Mumane, at Opus Corporation, added that usually, tenants don't pay any special ass 4iiirwft Ilwy have been able to negotiate for 30 cents per square foot N. nclmember Wachter asked about the O'Nells, to be absorbed by the tenants, and Opusi- X. ....... and Michelle Foster responded to $4.9 M111166' #W,* by both Opus and the ONells. She added that under the West Publishing Improvements, the Major Street Fund paid for 25% of the project. Under Opus' request, the Major Street Fund would pay orJy 16% of the project. She feels this project has greater benefit to the community. Councilmember Wachter suggested they come up with a figure between options 2 and 3 that all parties can agree to. Councilmember Awada Indicated. shwi"W W'be willing to split the difference. Opus representatives Wicated they will consider that proposal and.:;i*W40,- ... "ps con'sidered at the regular Council meeting. Michelle Foster asked whether they would still have 104* nt0 the 1 t Street Fund with the road use fees for their building permits. It would have the effect of payir4.Wce. Dir Ic Works Colbert noted that building permit fees are standard. It would have to be taken irlto.Conskleration. Discussion followed concerning whether to waive those fees or lower the Opus number accordin *.Tim Mumane ask ether all right of way figures are Included In this EAGAN SPECIAL CITY COUNCIL MINMS, DECEMBER 19, 1995 Ic Works Colbert --ded the Council edabilsh an amount to be contributed to the rt Is to include rlg.'."* -way costs. The figure was arrived at $3.357 million as Opus' joumed at 6:15 p.m City Clerk DLP Agenda Information Memo January 2, 1996 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 Parks Maintenance Workers -- ACTION TO BE CONSIDERED: To approve the hiring of Mark Rehder, Stanley Schneider, and Dave Downs as seasonal Parks Maintenance personnel. Item 2. Part -Time Seasonal Winter Recreation Leaders -- ACTION TO BE CONSIDERED: To approve the hiring of Jason Berger, Mark Fischer, Jake Groff, Terry Johnson, Randy Kane, Lenoma Little, Crystal Luck, and Ryan Rausch as part-time seasonal Winter Recreation Leaders. Item 3. 1996 Seasonal/Temporary Compensation Rate Schedule/Parks and Recreation -- ACTION TO BE CONSIDERED: To approve the Parks and Recreation Department 1996 Seasonal/ Temporary Compensation Rate Schedule for part-time seasonal winter and summer program leaders and assistants, concession stand workers, senior program assistant and preschool program instructors and assistants. FACTS: When the City Council officially approved an increase in rates for seasonal and temporary workers for 1996, they were informed that the rate schedule for some positions, especially recreation program leaders, might have to be adjusted because of the difficulty in attracting applicants due to competition from both private and public employers. The Director of Parks and Recreation has reviewed the rate schedule and is recommending that an adjustment be made at this time. He is recommending that the rates for the A level winter and summer recreation program leaders be increased. However, the new rates would not take affect for persons hired as winter leaders until December of 1996. The only other recommended adjustment is an Agenda Information Memo January 2, 1996 Eagan City Council Meeting increase of 5.31 to the starting rate for preschool program instructor and senior program ass Funding is provided for all the recommended rates in the approved 1996 City of Eagan b,...b.,.. (For the Council's information, the compensation rates for the newly created part-time seasonal positions at the Civic Arena will not be increased from the 1995 rates.) ATTACHMENTS: Attached on page is a copy of the proposed rate schedule for the Council's information. 11 PARKS & RECREATION CITY OF EAGAN 1996 Seasonal Temporary Compensation Rates SEASONAL Winter A and Summer Rec Program Leaders Winter B Rec Leaders and Program Assistants Concessions Adults: Students: TEMPORARY Senior Program Assistant Preschool Program Instructor Preschool Program Assistant TEMPORARY POSITIONS 2nd step after completion of one year 3rd step after completionof 3 years 4th step after compleiton of 5 years 5th step after completion of 8 years 6th step after completion of 10 years lata 2nd Yr 3rd Yr 4th Yr Sth Yr 6.90 7.18 7.47 7.77 8.08 5.92 6.20 6.47 5.75 6.02 6.28 6.55 6.81 4.45 4.63 4.82 Entry Step 2 Step 3 Ste2 4 Ste2 5 8.46 8.97 9.67 10.59 11.21 8.46 8.97 9.67 10.59 11.21 6.37 6.59 6.93 3 Step 6 12.22 12.22 Agenda Information Memo January 2, 1996 Eagan City Council Meeting B, PLUMBERS LICENSES ACTION TO BE CONSIDERED: To approve the plumbers licenses as presented. FACTS: These applications are in order for consideration by the Council at this time. ATTACHMENTS: • Plumbers licenses list on page 1996 PLUMBER LICENSES FOR APPROVAL I. AAA ABBOTT PLBG & HTG INC 2. D C MECH 3. DALBY PLBG 4. GOPHER MECH CONTRACTORS INC 5. HUTTON & ROWE INC 6. MOTZ PLBG, DICK 7. NASSEFF PLBG & HTG INC 8. PENN PLBG 9, ROSEVILLE PLBG & HTG 10. VALLEY PLBG CO INC For January 2, 1996 City Council meeting s Agenda Information Memo Ja:cuary 2,19% C. CONTRACT 95-H, OAK CLIFF 8-rH ADDN ACTION TO BE CONSIDERED: Acknowledge completion of Contract 95-H (Oak Cliff 8th Addition - Utilities) and authorize perpetual City maintenance subject to wanwity provisions. FACTS: lUs project consisted of the construction of sanitary saver, water services, and storm sewer to serve the Oak Cliff 8th Addition (Penn Cycle) located south of Cliff Road and west of Slaters Road. The improvements were constructed privately by the developer under the terms and conditions of the &-veloprtxnt contract agreement for that subdivision. All public improvements have been completed in accordance with the authorized plans and specifications and are now in order for formal a 1mowiedpwd of completion acid authorization of perpetual City maintenance subject to the appropriate warranty provisions. Agendas Information Memo January 2,19% ACITON TO BE CONSIDERED: A bwwle* complebm of Contact 94-L (Rooney Addition - Streets & Utilities) and authorize perpetual City tnaint�e subject to warranty provisions. FACTS: Tlw insertion of thea public streets and utilities to serv= the Rooney Addition (located south of Ddk-j Road and west of the Caponi Art Park property) were installed privately by the developer wmk r the terms and cmhbm ofthe drAgopmat agmement for that subdivision. All public 'up avanats have been completed in accordance with authorized plans and specs and are nt%w in ~Aar for f^"nal aA-f %n .%.4nrnwO .,f ~%vnrJlatinv% o"A e,.+r..�rization of perpetual City Agenda Information Memo January 2,19% AC7nON TO BE CONSIDERED: Acknowledge completion of Contract 93-H (Whispering Woods 9th Addition - Streets & Utilities) and authorize perpetual City maintenance subject to warranty provisions - FACTS: The iru4Wation of public streets vW utilities to service the Wbispering Woods 9th Addition (located west of Slaters Road along 125th Street in the southwest corner of Fagan) was installed privately by the developer under the tams and conditions ofthe development contract agreement for that subdivision. All puNic improvements have bow related in accordance with authorized plans and specs and are now in order for formal acknowiedgn>w of completion and authorization of perpetual City maintenance subject to the appropriate warranty provisions. Agenda Information Memo JanwaiT 2,19% ACTION TO BE CONSIDERED: To approve/deay Change Order #2 of Contract 94-13 (Municipal Center Site Work) and authorize the Mayor and City Clark to execute the appropriate documentation - FACTS: Codract 94-13 consisted ofthe site sanitary sewer, orate rmain, storm sewer, streets and paridag, lot construction to save the Municipal Center expansion and the Civic Arena. This Change Order consisted of adding several items of additional work which were either not originally anticipated or omitted from the original scope of the contract plans and specifications. The additional items included: ► Grading and spreading black dirt around the Police station ► Remobilization for the installation of 2 additional light bases ► Lower a hydrant due to a grade change in the Civic Arena ► Relocate catch basin ► Remove and replace miscellaneous concrete curb and gutter The original contract amount was $618,622.90. Contract Change Order #2 reduced the contract amount to $609,504.53. Contract Change Order #2 revises the contract amount to $620,5 56.40 or a 0.31 % increase in the original contract amount of $618,622.90. ATTACHMENTS: Change Order, pa90-� city of eagan CONTRACT #: 94-13 PROJECT #: 649 DATE: . &F_ermber H, 1995 PROJECT NAME: Municipal Center Ezsion - Phone 11 PROJECT DESCRIPTION: 7% a project consists of site grading, sanitary sewer, watermain, storm sewer, streets andparking lot construction to serve the Municipal Center F.xpav&sion and the civic arena. CONTRACTOR: Imperial Developers Inc. ENGINEER: QU Qt&-= 9001 Grand Avenue South M30Pdb(KnpbRa d Bloomington. MN 55420 �&MN 55122 p'.�QUMQN OF GUNGE ORDER WORB': Dds change osier consists of ad*ng several items of additional work which were either not originally anticipated or omitted from the original scope of the contract plans and specificadons The additional items included grading and spreading black dirt around the police station, remobilize for the reinstallation of two light bases, lower h)&ant near Ice Area relocate catch basin and remove and replace misce&vwous concrete curb and gutter. JUST7FIC477ON FORIPURPOSE OF CHANGE ORDER• The addition of this change order is necessary due to certain work items not anticipated because of multiple caaratlon contracts and also the entrance mo&frcahon of Civic Center Drive, both at Wescott Road and Pilot Knob Road DESCRIPTION OF WORK ITEMS: 1) 4 recid black dirt and grade arose d police station. 966 Loader 6.0 Hrs. @ $80.00/Hs D4HLGP 6.0Hrs. @ $75.00/Hr. Total: 2) Remobilize and reinstall 2 light bases and bollards Remobilize Rei Wdl 2 light bases Bollards - # ALGR - 9 w/4 outkts (additional cast) Subtotal: Contra. -tors overhead (10%) TOTAL: la $1,441.00 $3,757.00 $5,690.00 1 569 00 $6,259.00 3) Catch basin relocation at Wescott Road Crew time A 0 Hrs (a3 $21 L00/Hr. $ 844.00 4) Lowering ofHydrant at Ice Arena Crew time & 0 Hrs @ $260.00/Hr. $1,560.00 S) Replace c mcrete curb do gutter f for entrance nw&fircation (B-618) 68.5 L.F. (a3 $IZ 50IFt. $ 856.25 (B-612) 47.0 L.F. @ $10.001Ft. 470, 00 Subtotal: $1,326.2S Contractors Overhead (10%) S-132, TOTAL: $1,458.87 CONTRACT STATUS CHANGE ORDER NO. 2 TOTAL: $11,051.87 T/COMPLETTONDATE AOS Original Contract: No1mber 30S $ 618.622.90 Change (hYler: Nw+ember 30. 1995 $ 11.051.87 Subtotal ofPrevious Change Orders: $ (9118.37) This Change Order: $ 11.051.87 New Subtotal of All Chaptge Orders: S 1.933.50 Remise Conduct: $ 620.556.40 Percent lna=w or Decrease for this O:hangr Order to Origin d Con&wt Amount. + 1.79% Percent Inge or Decrease for Total of All Chat/ Orders to Original Contract Amount: +10,31% By: 1Datm. /Z -IL-��8�►: r / /Date: z� `O f t� ProJ Contractor er MY ofEq8K Cvuxild : MaEr: affk• .1pp.ew►ah: Agenda Information Memo January 2, 1996 Eagan City Council Meeting G. CHANGE ORDER/MUNICIPAL CENTER EXPANSION ACTION TO BE CONSIDERED: To approve one change order for the Municipal Center expansion, as presented. FACTS: The City is in receipt of one change order from Spraungel Construction associated with the City Hall construction project totalling $5,872.77. The change covers the cost of installation of gypcut topping material to level delaminated and uneven floor surfaces on the entry level. Agenda Information Memo January 2, 19% Eagan City Council Meeting H. AUTHORIZE POLICE DEPT. TO APPROVE SPECIAL HUNTING PERMITS ACTION TO BE CONSIDERED: Authorize the City Attorney's Office to draft necessary changes to the Code of Ordinances to allow the Police Department to approve speciW hunting permits. FACTS: ■ In researching license fees other cities charge for hunting permits, it was discovered that in nearly all cases, hunting permits are handled administratively by their Police Department, and in no cases were hunting permits required to fro before the City Council. ■ It was felt that customer service could be enhanced by having these permits handled administratively by the Police Department, which could allow hunters to get their permits 2-3 weeks sooner. J3 Agenda Information Memo JanumT 2,19% ACTION TO BE CONSIDERED: To aWmve a Rmkifion supporting the application for Surface TranVortatioa Program (STP) funds and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Under the Federal Intermodal Surface Trensgartation Efficiency Act (ISTEA) of 1991, certain projects are eligible for fimding subjaet to meeting certain criteria within various categories of priority and needs. • One of the new phases of the overall Ring -Road concept incorporates the extension of Duckwood Drive over 35E with a new bridge and new access ramps to 35E. • This multi-million dollar project may be eligible for State and Federal fluids if an application is submitted by January S. Applications are only received on a bi-annual basis. ATTACHMENTS: • Proposed Resolution, page. `f CITY OF EAGAN RESOLUTION SUPPORTING APPLICATION FOR STATE TRANSPORTATION PROGRAM (STP) FUNDS DUCKWOOD DRIVEr35E INTERCHANGE IMPROVEMENTS WHEREAS, the City of Eagan has parf=W a cow trafc forecasting for the Yankee Doodleftot Knob/3 5E interchanges; and, WHEPSAS, the results of this study indicate that new development, combined with background traffic growth in the north amtrai portion of Eagan will result in unaczeptsNe congestion and levels of service; and, WHEREAS, Yankee Doodle K d and Pilot Knob Road are classified as "A Minor Arterials" providing regional access to/from I -35E; md, the construction of a Duckwood Drive bridge and interchange modifications with I -35E will provide significmi relief to CSAH 31 (Pilot Knob Road) and County Road 28 (Yankee Doodle Road). NOR', THEREFORE, BE IT RESOLVED that the City of Lagw and Dakota County hereby support the edension of 1kwood Drive from Crestridge Lane to Federal Drive with a bridge over 35E and south ramp connectors. BE IT FURTHER RESOLVED that the City Council directs City staff to pursue Federal Surface Transportation Program Funding and the City will contribute the required local matching funds. ATTEST: City Clerk Thomas Egan, Mayor CERTMCATION I, EJ. 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 therefore ambled this 2nd day of January, 1996. is Agenda Information Memo Jan`u 7 2,19% 1!: 1;L 111!" 1.1';s 1 ,EI rti ACTION TO BE CONSIDERED: To &Move a Resole tion supporting the application for Surfi Transportation Program (STP) funds and authorize the Mayor and City Clerk to execute all rela documents. FACTS: • Under the Federal Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991, certain projects are eligible for funding subject to meeting certain criteria within various categories of priority and needs. • As a part of evaluating traffic projections on TH 13 for the Environmental Assessment Worksheet (EAW) required for Blue CrossBlue Shield River Park expansion, projected future traffic volumes usoc fated with this development as well as background traffic growth exceed the capacity of the current 2 -lane rural road section. • Currently, there are no major irnprovemeris sdieduled for TH 13 through the City of Eagan within MnDOT's 20 -year plan. In order for fiinding to be allocated, it must be included in the State Transportation Program (STP). • The Wicked Resolution will be u -W to support the City's application and request for programing vui funding priority. • This project may be eligible for State and Federal fiords if an application is submitted by January 8. Applications are only received on a bi-annual basis. A TTACSMENTS: • Proposed Resolution, page l(e CITY OF EAGAJA' RESOLUTION REQUESTING SURFACE TRANSPORTATION PROGRAM FUNDING TH 13 ROADWAY CAPACITY IMPROVEMENTS VARMEAS, the current traffic volumes on TH 13 between Silver Bell Road and Yankee Doodle Road exceed the capacity of the present 2 -lane section; and, WHEREAS, traffic volumes are projected to continue to increase as traffic from the southwest accesses 35E and local area employment opportunities. NOW, THEREFORE, BE IT RESOLVED, that the City of Eagan and Dakota County hereby support the reconstruction of TH 13 to a 4 -lane facility with access control improving traffic operations and safety along this corridor. BE IT FURTHER REWLVED that the City Council directs the City staff to pursue Federal Surface Transportation Program Funding and will contribute the required local matching funds. ATTEST: City Cleric Thomas Egan, Mayor 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 Fagan, Dakota County, Minnesota, in a regular meeting therefore assembled this 2nd day of January, 1996. Agenda Wonution Memo January 2,19% K. CONTRACT 96-03, WELL NO 19 CONMCT AWARD ACTION TO BE CONSIDERED: To receive the bids for Contract 96-03 (Well No. 19 - Pumping Facilities & Watermain Improvements), award the contract to the lowest responsible bidder, and authorize the Mayor and City Clerk to execute all related documents. FACTS: * On Deounber 1, 1995, f xmW bids were reodvW for the installation of Well No. 19 located along the south property line of the Thomas Lake Ekmentary School. • On December 5, 1995, the City Council warded Condtrza 95-15 for the development of the well itself. • All easements necessary for this work have been provided by ISD # 196 at no cost to the City. • An informario nal n6ghborhood meeting was held on November 28, 1995, as previously reported with the Contract award for Contract 95-15. Other than the school district, there has been no property owner who has expressed an interest or concern with this project. ATTACIMIENTS: e Bid tal elation, page . W!i 612 636 1311 12-28-1995 1.20PH FROM BONESTROO " ASSOC 612 636 1311 EAGAN, MN DEEP WELL NO. 19 PUMPING FACILITY AND WATER NIAIN CITY CONTRACT NO. 96-03 PROJECT NO. 6% FILE 49572 ENGINEER'S ESTIMATE: $286,933.50 PRELIMINARY REPORT: $286,933.50 lelelm- •� • . 1. S.M. HENTGES & SONS, INC. 2. BROWN & CRIS, INC_ 3. SCHIELD CONSTRUCTION 4. GHT CONSTRUCTION INC Report ($286,933.50) Engineers Estimate ($286,933.50) B495721bid.1st BID DATE: DECEMBER 21, 1995 BID TIME: 10:30 A.M. TOTAL BASE BID $ 275,550.00 $ 276,642.25 $ 278,464.21 $ 322.250.00 LOVE' BID ($275.550.(x)) -3.97% -3.97% [is Agenda. Informution Memo January 2,19% t.l a 13 i u t a.w y ; r.111"Iel i AC MN TO BE CONSIDERED: To approve ldeny Change Order #2 for Contract 95-07 (Nicols Road Street and authorize the Mayor and City Clark to execute all related documents. FACTS: a Thu Change Order includes items associated with the MWCC siphon project reconstruction of Nicols Road as well as items which were inadvertently omitted from the bid proposal of the original Contact 95-07 plus the existence of unforeseen conditions relative to the storm sewer construction. • The following work items were included in this Change Order: Railroad crossing pavement markings (item omitted from the MWCC siphon project). Concrete driveway apron (bid item inadvertently omitted from proposal). Additional storm sewer construction items and labor associated with unforeseen conflicts with the odsting utilities. • Original contract amount $66,133.38. 0 Change Orden: results in no clime in the contract completion date of June 30, 1996. • Revised contract amount based on Change Orders #1 and #2 -- $83,582.36. ATTAC AMNTS: • Change Order, pag(-.U- &D CONTRACT #1 city of eagan 95-07 PROJECT #. 681 PROJECT NAME: Nicols Road Street Improvements CHANGE ORDER NO.: 2 DATE. December 26, 1995 PROJECT DESCRIPTION: Reconstruction of a portion of Nicols Road, with addition of storm sewer and curb and gutter along the east side. CONTRACTOR: Valley Paving, Inc. 8800 -13th Avenue North Shakopee, MN 55379 DESCRIPTION OF CHANGE ORDER WORK.- Add ORK-Add additional items and quantities to cover the following work: ENGINEER: MSA, Consulting Engineers 1326 Energy ark Drive St. Paul, MN 55108-5202 1) Railroad crossing pavement markings on the portion of Nicols Road which was constructed as part of the MWCC Siphon Project, 2) Construction of a residential concrete driveway apron; 3) Materials, labor, and equipment to change 3 manholes frames and covers from 24" to 271; 4) Additional crew and equipment time for constructing manholes over 36" RCP and for delays in that work caused by conflicts with existing utilities; 5) Materials, labor, and equipment to change 1 manhole solid cover to an inlet cover and to upgrade 2 catchbasin grates to Eagan 's standard; and 6) Additional materials, labor, and equipment to construct a 96" diameter manhole in lieu of a 72" diameter manhole. JUSTIFICATION FOR/PURPOSE OF CHANGE ORDER 1) The railroad crossing pavement markings were added to this contract because there were no provisions for same in the contract for the MWCC Siphon Project; 2) The concrete driveway apron was shown on the construction plans but was not included as a bid item; 3) During construction the existing manhole frames and covers were found to be 24" and were changed to 27" Eagan standard in accordance with City policy for reconstruction; 4) The existing 36" storm sewer along the east side of Nicols Road consists sections of both RCP (reinforced concrete pipe) CVP (corrugated metal pipe). The construction plans identified those sections where manholes were to be constructed as CMP rather than RCP. Cutting and removing the required portions of the RCP to allow for manhole installations involved considerably more time and effort than would have been required had the pipe been CMP. Three (3) hours of additional crew and equipment time have been allowed for each of the two manhole installations along with three (3) hours of additional crew and equipment time for delays caused by connects with existing gas, telephone, and fiber optics lines; 5) Due to a shift in the street alignment, one of the existing storm sewer manholes with a solid cover was located partially in the new curie line. The cover was changed to an inlet cover as a result. The two existing catchbasin grates on Silver Bell Road (just east of Nicols Road) were found during construction to be in non-compliance with Eagan Is standards so were changed to provide improved inlet capacity; 6) A required change in the future outlet pipe alignment and the additional pipe wall thickness of the RCP versus CUP required the size of one of the proposed 72" diameter manholes to be increased to 96" diameter. This item covers the additional materials, labor, and equipment time involved. coami.As CM of Mau+ • CRA"w MUM -A&W, hp 142 Subtotal of Previous Change Order (s): This Change Order. New Subtotal of All Change Orders. Revue Contract: Percent Increase or Decrease for this Change Order to Original Contract Amount: Percent Increase or Decrease for Total of All Change Orders to Original Contract Amount: Cky of Eagan Council Action: Mayor: Clark: Approval Date: I MY 1 comrador I En&ew ConM,» /Date: /Date: $ 11,033.00 $ 6,415.98 $ 17,448.98 S R2 SRS 214 9.7% Increase 26.4% Increase as Cr" OF&ACAN.CNANOIORDU .)- —,"-q& Unit Tota! DESCRIPTION OF WORK ITEMS. � llt�! &kc Price 1) Railroad Crossing Pavement Markings 2 EA 188.32 - 376.64 2) Concrete Driveway Apron 125 SF 2.40 = 300.00 3) Replace 24" MH Frames & Covers w/ 27" 3 EA 198.68 - 596.04 4) Add. labor & equipment time to construct 9 HRS 375.00 = 3,375.00 MH's over 36" RCP and to resolve conflicts with existing utilities. 5) Replace MH Cover & 2 CB grates L LS 368.30 = 368.30 6) Add. materials, labor, & equipment cost 1 LS 1,400.00 = 1,400.00 to construct 96" dia. MH in lieu of 72" dia. MH. TOTAL: CONTRACT STATUS: $6,415.98 TIME/COMPLETION Original Contract: June 30, 1996 DATE AMOUNT $ 66,133.38 Change Order: #2 June 30, 1996 $ 6,415.98 Subtotal of Previous Change Order (s): This Change Order. New Subtotal of All Change Orders. Revue Contract: Percent Increase or Decrease for this Change Order to Original Contract Amount: Percent Increase or Decrease for Total of All Change Orders to Original Contract Amount: Cky of Eagan Council Action: Mayor: Clark: Approval Date: I MY 1 comrador I En&ew ConM,» /Date: /Date: $ 11,033.00 $ 6,415.98 $ 17,448.98 S R2 SRS 214 9.7% Increase 26.4% Increase as Cr" OF&ACAN.CNANOIORDU .)- —,"-q& Agmda Information Memo January 2,19% T � N TO BE CONSIDERED: To approve the proposed 1996 fix rates for Bonestroo, Rosene, 8t Assocaates. AITACEM E:NTS: December 8, 1995 correspondence m Mary Sorvala regne.;d% consideration of their 1996 general engineering rates, page e Proposed 1996 rate schedule, pag MA 'Bonestroo Rosene Anderlik & Associates y Engineers & Architects December 8, 1995 Honorable Mayor and City Council City of Eagan 3860 Pilot Knob Road Eagan, MN 55122 Attn: Mr. Mike Foertsch Re: 1996 General Engineering Rates Honorable Mayor and Council: Bonestroo, Rosene, Anderlik and Associates. Inc. is an Affirmative Action; Equal Opportunity Employer Otto G. Bonestroo. P.E Robert W. Rosene, P E Joseph C. Anderlik, PE Marvin L. Sorvala, P.E Richard E. Turner, P E, Glenn R. Cook. P.E. Thomas E. Noyes, P E. Robert G. Schunlcht. RE Susan M. Eberlin, C.P A • Senior Consultant Howard A Sanford, P E. Keith A. Gordon. PE Robert R Pfefferle. P.E Richard W Foster. P E. David O. loskota. P E Robert C. Russek. A.I.A. Jerry A. Bourdon, P.E. Mark A. Hanson, P.E Michael T. Rautmann. P.E. Ted K. Field. P.E. Thomas R. Anderson, A.I.A. James R. Rosenmerkel. P E. Donald C. Burgardt. P.E. Thomas A. Syrko, P.E. Frederic J. Stenborg, P.E. Ismael Martinez, P.E. Michael P. Rau, P.E. Thomas W. Peterson, P.E. Michael C Lynch, PE. Brian K Gage, P.E. James R. Maland. P E. F Todd Faster. P.E. Jerry D. Pertzsch, P.E. Keith R Yapp. P.E. Scott J. Arganek, P.E. Douglas J. Benoit, P E. Kenneth P Anderson, P.E. Shawn D. Gustafson, P.E: Mark R. Rolfs, P.E. Cecilio Olivier, P.E. Mark A. Seip. P.E. Kent J Wagner, P.E Gary W Morien, P.E. Paul G. Heuer, P E. Paul J. Gannon, A.I.A. John P Golder, P.E. Daniel J, Edgerton, P.E. Dan D. Boyum, P.E. A. Rick Schmidt, P.E. Jeffrey J. Ehlennger. P.E. Dale A. Grove. P.E. Joseph R Rhein, P.E. Philip J. Caswell, P E. Lee M. Mann. P.E Mark D. Wallis, P.E. Charles A. Erickson Miles B Jensen, P.E. Leo M. Pawelsky L Phillip Gravel, P.E. Harlan M. Olson Karen L. Wlemerl, P.E. Agnes M. Ring Gary D. Knstofltz. P.E. James F. Engelhardt Transmitted herewith are our revised hourly general engineering rates which are to be effective for January 1, 1996. We strive to keep our hourly rates as low as possible. Although our costs have risen substantially during 1995, we have held our rate increase below our actual cost increase. These costs include highly technical and computerized equipment, professional liability insurance, staff training, and, of course, payroll taxes and health insurance. We are committed to keeping our staff and technical capabilities as innovative and efficient as possible, to continue to provide you with the best possible engineering services at a reasonable cost. We have appreciated our relationship with the City of Eagan and our entire staff looks forward to . serving you in 1996. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ?VUri�, o'� J;7� Marvin L. Sorvala MLS:tb Enclosure 0 2335 West Highway 36 • St. Paul, MN 55113 it 612-636-4600 a.l 0 1 as 1995 19.E % Inc. Senior Principal $85.50 $87.00 1.7% Principal/Project Manager $75.00 $77,00 2.7% Registered Engineer/Registered Architect $65.00 $67.00 3.1% Project Engineer/Project Architect/Senior Field Supervisor $57.00 $58.50 2.6% Graduate Engineer/Graduate Architect/Field Supervisor $51.50 $53.50 3.9% Senior Draftsperson $47.00 $48.00 2.1% Senior Technician/Inspector/Draftsperson $47.00 $48.00 2.1% Techniciaw Technician Inspector $32.00 $34.00 6.2% Word Processor $31.00 $31.50 1.69 Clerical $24.00 $24.50 2.1% Total Station Equipment $20.00 GIS Workstation Equipment $20.00 The above rates will be multiplied by 1.3 for review of private developers plans and inspection of private work to cover nrofegcional liability insurance costs and legal expenses. These rates -are adjusted annually at the first of the year in accordance with the normal review procedures of Bonestroo, Rosene, Anderlik & Associates, Inc. Reimbursable Expenses - At Cost Reproduction, Printing, Duplicating Out -of -Pocket Expenses such as stakes, field supplies, telephone calls, etc. Mileage City of Eagan as Agenda Inforlation Memo January 2,19% ACTION TO BE CONSIDERED: To receive the petition and authorize the p feasibility report for street and ponding improvements associated with the Safari (9 Eagan 3rd Addition. FACTS: • A requirement of the Mari @ Easlan 3rd Addition is the installation of a right -turn lane on Thornes Center Drive @ Cliff Road. • Proposed Pond BP -39 is located adjacent to Cliff Road at the extreme southerly end of the proposed Safari @ Eagan 3rd Addition. ATTACHMENTS: • December 7, 1995 correspondence from the developer, page • Petition, pag. December 7, 1995 Mr. Michael Foertsch Assistant City Engineer City of Eagan 3795 Pilot Knob Road Eagan, MN 55121 Re: Petition - Safari at Eagan 3rd Addition Dear Mike: Attached is a petition application with respect to Safari at Eagan's 3rd Addition street improvements and ponding BP -39. Specifically, the preliminary plat approval calls for a right turn lane on Thomas Center Drive at Cliff Road. Secondly, the petition addresses the drainage and utility easement pond area BP -39 abutting Cliff Road on the extreme south end of the platted area. Several years ago we granted the City of Eagan a drainage and utility easement referred to as BP -39 which had an area of 15,113 square feet, .35 acres. With the final platting of the Safari at Eagan 3rd Addition, the city requested that this drainage and utility easement BP -39 be increased in size to 36,042 square feet or .8274 acres. The reason we bring this up is that we feel any costs in preparing a feasibility study should be the city's expense and the city should consider reimbursing us for addition- al land being taken. Sincerely, M rbn W tschke P. s de t Fortun Realty, Inc., General Partner Eagan 30.7C, Limited Partnership cc: Paul Thomas a� PENTAGON PARK TOWER • 4940 VIKING DRIVE • MINNEAPOLIS, MINNESOTA 55435 a (612) 835.3363 FOR CITY USE ONLY PMon # Dote R*oWvva j y i. U y L i Pres~ to Council PETITIONDATE December 7, 1995 LOC�=H/SUBDIVISION Safari At Eagan 3rd Addition Cliff Rd./Thomas Center I/We, lila undersigned, owners of the red praperty adjaucent to Drive (Street) or Within Safari At Eagan 3rd Addition iSubdivlsion hereby petition for. Street improvements Right Turn Lane Onto' Cliff Road Sanitary Sewer Water Supply (Check requested Items) Storm Sewer Streetlights Other (Explain) Enlarge Pond Area (BP -39) l/We understand that this petition does not in itself request the installation of two improvements, but rather, request the preparation of a feasibility report In which the estimated ousts of these improvements will be tabulated. I/We understand that upnn receipt of this petition and the preparation of the requested feasibility report, i�ssklcmnaeevisex PrT a,� r • i ,7 7L• �. • .._.� • �.t 'r • - gnature df Land Owner Address of BM02 ttii Eagan 30.7C Limited Partnership (,Fortune Realty, Inc., Its General Parte 4940 Viking Drive, Suite 264 Z,Edina, Minnesota 55435 n Watschke, President 77 7 17.77 negro) b# i fo dnr tm Agenda information Memo January 2,19% Is V ACTION TO BE CONSIDERED: To approve a cost sharing agreement for serial photography, photogrammetry hardware and software, and training and maintenance with the Dakota County Survey and Land Information Department for the updating of the City's Geographic Information System (GIS) planimetric and contour data base in Dakota County and authorize the Mayor and Clerk to execute all related documents. FACTS: Dakota Co mly, Dakota Electric Association, and the cities of Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, South St. Paul, and West St. Paul entered into a cost sharing agreement for the development of a GIS data base within the County. • At the time of the original agreement, the methodology for the updating of the GIS information had not been determined. • Since most of the GIS information located within the County is approaching 6-7 years of age, the County actively pursued methodologies for updating the current GIS information. • As a result of this solicitation, the "soft copy photogramrnety" methodology for updating current GIS information was chosen. • The agreement results in no out-of-pocket cost to the City, and the City's current balance in the GLS Emprise Fund is $6,838.88. The balance in the GIS Enterprise Fund is maintained by the County and all monies collected for maps sold in Eagan as well as by Dakota County goes into Eagan's share of the Enterprise Fund. ATTA,CIEEMMNTS: Draft copy of the Cost Sharing Agreement, pages through. DAKOTA COUNTY SURVEY & LAND INFORMATION DEPARTMENT Dakota County Survey & Land Information 14955 Galaxie Ave. W. Apple Valley NIN 55124 891-7087 MEMORANDUM TO: GIS Cities Committee Members - Jim Martensen, Burnsville - Mike Foertsch, Eagan - Tom Kaldunski, Farmington - Tom Montgomery, Hastings - Bill Cooper, Lakeville - Bud Osmundson, Rosemount Ed Siebenaler, Dakota Electric FROM: Gary Stevenson, Co. Surveyor & Land Information Dir. , DATE: November 3, 1995 GARY H. STEVENSON, RE: SOFTCOPY PHOTOGRAMMETRY Enclosed is a copy of the Cost Share Agreement for your review. As I stated at the meeting, I will bring the original around for signatures soon. Printed on Reeveled Paper Be pU of file Sohdiomf AN EQUAL OPPORTUNITY EMPLOYER AGREEMENT BETWEEN 60�>y 'DAKOTA COUNTY, DAKOTA ELECTRIC ASSOCIATION, AND THE CITIES OF APPLE VALLEY, BURNSVILLE, EAGAN, FARMINGTON, HASTINGS, INVER GROVE HEIGHTS, LAKEVILLE, fDOTA HEIGHTS, ROSEMOUNT, SOUTH ST. PAUL, AND WEST ST. PAUL FOR COST SHARING OF AERIAL PHOTOGRAPHY,,PHOTOGRAMMETRY HARDWARE AND SOFTWARE, TRAINING AND MAINTENANCE This Agreement is made and entered into between the Dakota County Survey and Land Information Department, 14955 Galaxie Avenue W., Apple valley, Minnesota 55124, by and through the Dakota County Board of Commissioners, (the "County"); Dakota Electric Association, 4300 220th Street West, Farmington, Minnesota 55024, ("DEA"); the City of Apple Valley, 14200 Cedar Avenue, Apple Valley, MN 55124; the City of Burnsville, 100 Civic Center Parkway, Burnsville, MN 55337-3817; the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122; the City of Farmington, 325 Oak Street, Farmington, MN 55024; the City of Hastings, 101 - 4th Street East, Hastings, MN 55033; the City of Inver Grove Heights, 8150 Barbara Avenue, Inver Grove Heights, MN 55077; the City of Lakeville, 20195 Holyoke Avenue, Lakeville, MN 55044; the City of Mendota Heights, 1101 Victoria Curve, Mendota Heights, MN 55118; the City of Rosemount, 2875 - 145th Street West, Rosemount, MN 55068; the City of South St. Paul, 125 - 3rd Avenue North, South St. Paul, 55075; and the City of West St. Paul, 1616 Humboldt Avenue, West St. Paul, MN 55118; all the parties to this Agreement collectively referred to herein as the "Participants". WHEREAS, each of the Participants in this Agreement has previously entered into a contract with the County to share the cost and benefits of aerial photography and stereo digitizing to develop the Geographic Information System (GIS) planimetric and contour Data Base in Dakota County; and WHEREAS, the Participants desire to expand the purposes of their cost sharing agreement and to more clearly define the use, purpose and management of the GIS Enterprise Fund (the "Fund") and to continue to update the GIS Data Base; and WHEREAS, the respective governing bodies of the Participants have authorized this Agreement. NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the Participants agree as follows: 1. GENERAL PROVISIONS. 1.1 Purpose. The purpose of this Agreement is to establish the terms of cost and benefit sharing among the Participants in obtaining digital aerial photography, softcopy photogrammetry hardware and software, training and maintenance for the softcopy Page 1 5 1 photgrammetry hardware and software in Dakota County to update the Data Base. This Agreement shall supercede any previous agreements between the County and the Participants concerning the sharing of costs and benefits of the GIS in Dakota County. 1.2 Recitals. The recitals set forth in the whereas clauses above are incorporated by reference as if fully set forth herein. 1.3 Cooperation. The Participants shall cooperate and use their reasonable efforts to ensure the most expeditious implementation of the various provisions of this Agreement. The Participants agree to, in good faith, undertake resolution of any disputes in an equitable and timely manner. 1.4 Term. This Agreement shall be in effect from the date of execution by all parties and shall continue in effect until terminated in accordance with the provisions herein. 2. DEFINITIONS. Unless the language or context clearly indicates that a different meaning is intended, the following words, terms and phrases, when capitalized, shall have the following meaning: Data Base: A geographical database in digital form which incorporates planimetric and contour features of the County, and excluding other data layers of the GIS in Dakota County. 3. PURCHASE OF SERVICES. 3.1 Purchase of Services by the County. For the benefit of all the Participants, the County shall enter into contracts for the purchase of digital aerial photography, softcopy photogrammetry hardware and software, training and maintenance of the hardware and software as needed to update the GIS Data Base in Dakota County. The Participants shall be named as third party beneficiaries in these contracts. The County will purchase services only when there is a sufficient balance in the Fund to pay for the services purchased. 3.2 Non-exclusive. Nothing in this Agreement or in the contracts between the County and contractors referenced in Section 3.1 shall be interpreted to prohibit any of the Participants from purchasing other GIS services, products or data directly from the contractors at their own expense. 4. COST SHARING. 4.1 Costs. With the exception of aerial photography, the Participants will share the costs of the hardware and software training and maintenance purchased by the County under Section 3.1 of this Agreement as follows: Page 2 C County 41.06% DEA 20.87% Apple Valley 2.34% Burnsville 4.40% Eagan 5.18% Farmington 2.28% Hastings 2.30% Inver Grove Heights 5.16% Lakeville 5.25% Mendota Heights 3.00% Rosemount 6.16%. South St. Paul 1.00% West St. Paul 1.00% The Participants will share the costs of aerial photography as indicated by Exhibit 2 for the geographic area covered by the aerial photography, which is fully incorporated as a part of this Agreement. 4.2 Fiscal Accent. The County shall be the fiscal agent for all of the Participants purposes of this Agreement. The County shall receive and manage the money in the Fund and provide all necessary budgetary and accounting services for the Fund. 4.3 Payment and Reimbursement of Contractor Costs. The contractors providing services or equipment under contracts with the County pursuant Section 3.1 of this Agreement shall submit invoices to the County. The County shall be responsible for making payment to the contractors. After paying the contractors, the County shall be reimbursed from the Fund to cover each participant's pro -rata share of the contractor's costs previously paid by the county, on the pro -rata basis set forth in Section 4.1 or Exhibit 2, whichever applies. 5. THE GIS DATA BASE AND MAPS. 5.1 Creation of the Data Base. The County has previously contracted to create- the Data Base and has provided one copy in digital form to each Participant at no additional cost. It is the intent of the Participants to continue this process by adding to and modifying the Data Base as necessary to keep it updated. The Particpants can use the Data Base internally as they deem appropriate. 5.2 Ownership. ownership of the Data Base shall be jointly held by the Participants. The County shall exercise all rights of ownership, title and control to the Data Base under federal copyright law or other law relating to confidential and/or trade secret information. The Participants agree that the development of the Data Base required the skilled efforts of professionals in its design and compilation and that the end product is the result of the original work of the County, its employees and agents. Participants to this Agreement may copy and use data so long as such use is consistent with the terms of this Agreement and for internal purposes only. Page 3 33 5.3 ale of Data Base and Ma s. The Data Base digital data, and maps generated from the Data Base, may be sold to persons or entities that are not Participants, at prices recommended by the Cities GIS Committee and approved by the Dakota County Board of Commissioners. Proceeds from sales of the Data Base by any of the Participants shall be deposited in the Fund pursuant to Section 6.3 of this Agreement. The Participants may include additional fees when selling the Data Base digital data or maps and may retain such additional fees. The Participants can sell other data bases developed by them individually and may retain the proceeds of such sales. 5.4 ModificationLAdditions to Data Base. Any additions or modifications to the Data Base completed by a Participant shall be made available to the other Participants. Additions or modifications to the Data Base shall be compatible with the pre- existing Data Base. To insure standardization and compatibility with the pre-existing Data Base, any additions or modifications shall be approved by the County Surveyor before incorporation into the Data Base. 5.5 Copyright. Distribution of Data Base data by any of the Participants shall contain a copyright as follows: Copyright, 199 by Dakota County. All rights reserved. No part of this document may be reproduced, copied or transmitted in any form or by any means - graphic, electronic, or mechanical, including photocopying, recording, or by information storage and retrieval system - without written permission from Dakota County. Copyright is not claimed in discrete facts, but in the compilation, arrangement, organization, presentation and form of the data, records and information. 5.6 Disclaimer. Distribution of maps created from Data Base data shall contain a disclaimer as follows: This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information and data from various city, county and state offices and other sources. This document should be used for reference only. No representation is made that features presented, accurately reflect true location. Neither Dakota County nor any other entity from which data was obtained assumes no liability for any errors or omissions 'herein. If discrepancies are found, please contact the Dakota County Survey and Land Information Office. Page 4 jq 6. THE GIS ENTERPRISE FUND. 6.1 General Purpose. There has been created a GIS Enterprise Fund (the "Fund") for the purpose of retaining money earned from the sale of Data Base data and maps for the benefit of all the Participants. Initially, the Fund shall be u$ed to purchase softcopy photogrammetry hardware and software to 41low the County to stereo digitize Data Base data. After all necessary softcopy photogrammetry hardware and software has been purchased, the Fund Op will be used exclusively for the purchase of digital aerial photography, training of County staff in the use of the hardware and software and maintenance of the hardware and software. 6.2 County Management. As fiscal agent, the County shall receive and manage the money in the Fund and provide any necessary budgetary and accounting services related to the Fund. 6.3 Contributions to the Fund. The Participants may sell the Data Base digital data and maps created from the Data Base to other persons and entities consistent with the terms of this Agreement. All proceeds from such sales, exclusive of additional fees as allowed under Section 5.3, shall be forwarded to the County and promptly deposited into the Fund. The County shall keep a separate accounting of the contributions to the Fund from the sale of maps or digital data by geographic area for each Participant based upon the original contribution to the Fund and this cost share Agreement, and will adjust the balance in the Fund for each Participant after payment of its pro -rata share of costs. Exhibit 2 of this Agreement lists the contribution percentage by geographic area for the Fund. Sale of the entire Data Base will be credited to the fund by the percentages listed in Section 4.1 of this Agreement. 7. ADDITIONAL OBLIGATIONS OF THE PARTICIPANTS. 7.1 Contract Manager. The County shall be the contract manager for the purposes of the Agreement. The County shall administer contracts and provide legal services for the review and drafting of any County contracts required by this Agreement. All contacts and correspondence with contractors shall be submitted to and received through the County. Information received by the County from contractors shall be disbursed promptly to all Participants. 7.2 Trade Secrets. No Participant shall disclose to any other person, organization or entity (except other Participants) any data supplied by DEA which DEA has designated as proprietary or trade secret, except where required pursuant to the Minnesota Data Practices Act or other state or federal law regarding the disclose of data. S. GIS CITIES COMMITTEE. 8.1 Purpose of the Committee. The GIS Cities Committee has the authority to establish general policies regarding the further development and use of the Data Base. The Committee shall determine Ok those areas in Dakota County that will be photographed in each calendar year, subject to approval by the County Board. Page 5 3 8.2 Membership. The GIS Cities Committee shall consist of representative from each Participant. Each Participant shall have one vote on matters that come before the Committee. 9. INDEMNIFICATION. 9.1 Liability. Each Participant to this Agreement shall be liable for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other Participants, its officers, employees or agents. Liability of the County or other Minnesota political subdivisions shall be governed by the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws. 10. SUCCESSORS. Each Participant binds itself and its successors, legal representatives, and assigns to the other Participants and to the partners, successors, legal representatives, and assigns of such other Participants, in respect to all covenants of this Agreement. 11. DEFAULT. Force Majeure. No Participant shall be held responsible for delay or failure to perform its obbligations under this Agreement when such delay or failure is due to any of the following unless the act or occurrence could have been foreseen and reasonable action could have been taken to prevent the delay or failure: fire, flood, epidemic, strikes, wars, acts of God, unusually severe weather, acts of public authorities, or delays or defaults caused by public carriers; provided the defaulting Participant gives notice as soon as possible to the other Participants of the inability to perform. 12. TERMINATION AND WITHDRAWAL. 12.1. Termination by Agreement. This Agreement may be terminated upon mutual agreement of all the Participants. 12.2. Effect of Termination. Termination of this Agreement shall not discharge any liability, responsibility or right of any Participant which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. Termination shall not discharge any obligation which by its nature would survive after the date of termination, including by way of illustration only and not limitation, Standard Assurances attached hereto. 12.3. Withdrawal. Any Participant may, without cause, withdraw from this Agreement. Such Participant shall provide at least thirty (30) days prior written notice, by certified mail or personal delivery to each Participant, of its intent to withdraw. The notice shall include a certified copy of the resolution of the governing board of the Participant indicating its intent to withdraw from this Agreement. Page 63(V 12.4. Effect of Withdrawal. Withdrawal from this Agreement shall not discharge any liability, responsibility or right of any Participant which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of withdrawal. Withdrawal shall not discharge any obligation which by its nature would survive after the date of withdrawal, including by way of illustration only and not limitation, Standard Assurances attached hereto. A withdrawing Participant shall pay its share of the costs incurred for the project through the date of withdrawal. If payment is not made in accorandance with the terms of this Agreement, that Participant shall return all data and information in its possession for which payment has not been made and shall destroy all copies thereof. 13. CONTRACT RIGHTS REMEDIES. 13.1. Rights Cumulative. All remedies available to a Participant under the terms of this Agreement or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. _ 13.2. Waiver. The waiver of any default by a Participant, or the failure to give notice of any default, shall not constitute a waiver of any subsequent default or be deemed to be a failure to give such notice with respect to any subsequent default. 14. REPRESENTATIVE. 14.1. uthorized Representative. The following named persons are designated the Authorized Representatives of Participants for purposes of this Agreement. These persons have authority to bind the Participant they represent and to consent to modifications and subcontracts, except that, as to the County, the Authorized Representative shall have only the authority specifically or generally granted by the County Board. Notification required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement. DEA: To County: Ed Siebenaler Lou Breimhurst 4300 - 220th Street West Physical Development Director Farmington, MN 55024 14955 Galaxie Avenue (612) 463-6267 Apple Valley, MN 55124-8579 (612) 891-7000 City of of Apple Valley City of Burnsville City Administrator City Manager 14200 Cedar Avenue 100 Civic Center Parkway Apple Valley, MN 55124 Burnsville, MN 55337-3817 (612) 431-8800 (612) 895-4400 Page 7 3 City of Eagan City Administrator 3830 Pilot Knob Road Eagan, MN 55122 (612) 681-4600 City of Hastings City Administrator 101 - 4th Street East Hastings, MN 55033 (612) 437-4127 City of Lakeville City Administrator 20195 Holyoke Avenue Lakeville, MN 55044 (612) 469-4431 City of Rosemount City Administrator 2875 - 145th Street West Rosemount, MN 55068 (612) 423-4411 City of West St. Paul City Manager 1616 Humboldt Avenue West St. Paul, MN 55118 (612) 552-4100 City of Farmington City Administrator 325 Oak Street Farmington, MN 55024 (612) 463-7111 City of Inver Grove Heights City Administrator 8150 Barbara Avenue Inver Grove Heights, MN 55077 (612) 450-2500 City of Mendota Heights City Administrator 1101 Victoria Curve Mendota Heights, MN 55118 (612) 452-1850 City of South St. Paul City Administrator 125 - 3rd Avenue North South St. Paul, 55075 (612) 450-8702 14.2. Liaison. To assist the Participants in the day-to-day performance of this Agreement and to develop service, ensure compliance and provide ongoing consultation, a liaison shall be designated by .each Participant. The Participants shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement the following persons are the designated liaisons: DEA Liaison: Ed Siebenaler Phone number: (612) 463-6267 County Liaison: Gary Stevenson Phone number: (612) 891-7087 Apple Valley Liaison: Richard Kelley Phone number: (612) 953-2576 Burnsville Liaison: James Martenson Phone number: (612) 895-4540 Eagan Liaison: Mike Foertsch Phone number: (612) 681-4600 Farmington Liaison: Jay Kennedy Phone number: (612) 463-7111 Page 8 Hastings Liaison: Tom Montgomery Phone number: (612) 437-4127 Inver Grove Heights Liaison: Gary Johnson Phone number: (612) 450-2500 Lakeville Liaison: Bill Cooper Phone number: (612) 985-4530 Mendota Heights Liaison: Jim Danielson Phone number: (612) 452-1850 Rosemount Liaison: Mark Fremder Phone number: (612) 322-2029 South St. Paul Liaison: John Sachi Phone number: (612) 450-8702 West St. Paul Liaison: Phil Stefaniak Phone number: (612) 552-4100 15. MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, signed by authorized representatives. 16. SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to any Participant. 17. MERGER. 17.1. Final Agreement. This Agreement is the final expression of the agreement of the Participants and the complete and exclusive statement of the terms agreed upon, and shall supercede all prior negotiations, understandings or agreements. There are no representations, warranties, or stipulations, either oral or written, not herein contained. 17.2. Exhibits. Exhibit 1, Standard Assurances, and Exhibit 2, Cost Share Allocation, are attached and incorporated herein by reference. Page 9 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below: Approved as to form: 4(sCiant County Att r.ey/Date Approved as to execution: Assistant County Attorney/Date Approved by Dakota County Board Resolution No. CITY OF APPLE VALLEY By Title Date of Signature By Title Date of Signature CITY OF EAGAN By Title Date of Signature By Title Date of Signature CITY OF HASTINGS By Title Date of Signature By Title Date of Signature COUNTY OF DAKOTA By Joseph A. Harris, Chair Board of Commissioners Date of Signature Attest Treasurer/Auditor Date of Signature CITY OF BURNSVILLE By Title Date of Signature By Title Date of Signature CITY OF FARMINGTON By Title Date of Signature By Title •Date of Signature CITY OF INVER GROVE HEIGHTS By Title Date of Signature By Title Date of Signature V Page 10 CITY OF LAKEVILLE By Title Date of Signature By Title Date of Signature CITY OF ROSEMOUNT By Title Date of Signature By Title Date of Signature CITY OF WEST ST. PAUL By Title Date of Signature By Title Date of Signature STATE OF MINNESOTA) ) ss. COUNTY OF ] Cor oration Or anization CITY OF MENDOTA HEIGHTS By Title Date of Signature By - Title Date of Signature CITY OF SOUTH ST. PAUL By Title Date of Signature By Title Date of Signature DAKOTA ELECTRIC ASSOCIATION By Title Date of Signature This instrument was acknowledged before me on 19—, by , (title) , of Dakota Electric Association, who, being duly sworn, represents and warrants that he/she/they is/are authorized by law and all necessary board action to execute this contract on behalf of the corporation/organization, intending this contract to be a legally binding obligation of the corporation/organization. Notary Public . K95_173 I Page 11 Standard Consulting Revised: 10/26/94 EXHIBIT 1 STANDARD ASSURANCES L NON-DISCRIMINATION. During the performance of this Contract, the Contractor shall not unlawfully discriminate against any employee or applicant for employment because of race, color, creed, religion, sex. national origin, disability, age, marital status or public assistance status. The Contractor will take affirmative action to ensure that applicants, arc employed, and that employees ane treated during employment, without unlawful discrimination because of their race, color, creed, religion, sex, national origin, disability, age, marital status or public assistance status. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices which set forth the provisions of this nondiscrimination clause. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, religion, sex, national origin, disability, marital status, or public assistance status. No funds received under this Contract shall be used to provide religious or sectarian training or services. The Contractor shall comply with any applicable federal or state law regarding non-discrimination. The following list includes, but is not meant to limit, laws which may be applicable: A. The Equal Employment Opportunity Act of 1972, as amended, 42 U.S.C. § 2000e et seg. which prohibits discrimination in employment because of race, color, religion, sex or national origin. B. Executive Order 11346, as amended, which is incorporated herein by reference, and prohibits discrimination by U.S. Government contractors and subcontractors because of race, color, religion, sex or national origin. C. The Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et M. and 45 C.F.R. 84.3 (J) and (K) implementing Sec. 504 of the Act which prohibits discrimination against qualified handicapped persons in the access to or participation in federally -funded scrvicea or employment. D. The Acte Discrimination in Emolovment Act of 1967, as amended, and Minn. Stat. S 181,81, which generally prohibit discrimination because of age. E. The Equal Pay Act of 1963, as amended, § 29 U.S.C. § 206, which provides that an employer may not discriminate on the basis of sex by paying employees of different sexes differently for the same work. F. Minn. Stat. Ch. 363, as amended, which generally prohibits discrimination because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age. G. Minn. Stat. 4 181.59 which prohibits discrimination against any person by reason of race, creed, or color in any state or poetical subdivision contract for materials, supplies or construction. Violation of this section is a misdemeanor and any second or subsequent violation of these terns may be cause for forfeiture of all sums due under the Contract. H. ,Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 through 12213, 47 U.S.C. §§ 225, 611, with regulations at 29 C.F.R. § 1630, which prohibits discrimination against qualified individuals on the basis of a disability in term, condition or privilege of employment. 2. DATA PRIVACY. For purposes of this Contract all data collected, created, received, maintained or disseminated shall be administered consistent with the Minnesota Government Data Practices Act, Minn. Stat. Chapter 13 and the Minnesota Rules implementing the Act now in force or hereafter adopted as well as Federal laws on data privacy. The Contractor will strictly comply with these statutes and rules. All subcontracts shall contain the same or similar data practices compliance requirements. 3. RECORDS DISCLOSURE/RETENTION. Contractor's bonds, records, documents, papers, accounting procedures and practices, and other evidences relevant to this Contract are subject to the examination, duplication, transcription and audit by the County and either the Legislative or State Auditor, pursuant to Minn. Stat. § 16B.06, subd. 4. Such evidences are also subject to review by the Comptroller General of the United States, or a duly authorized representative, if federal funds are used for any work under this Contract. The Contractor agrees to maintain such evidences for a period of three (3) years from the date services or payment were last provided or made or longer if any audit in progress requires a longer retention period. 4. WORKER HEALTH, SAFETY AND TRAINING. Contractor shall be solely responsible for the health and safety of its employees in connection with the work performed under this Contract. Contractor shall make arrangements to ensure the health and safety of all subcontractors and other persons who may perform work in connection with this Contract. Contractor shall ensure all personnel of Contractor and subcontractors arc properly trained and supervised and, when applicable, duly licensed or certified appropriate to the tasks engaged in under this Contract. Contractor shall comply with the "Occupational Safety and Health Act" and the 'Employee Right to Know Act", Minn. Stat. 1182.65 g Lcq., where applicable. K/SA3 6 0 c GEOGRAPHIC AREA CITY APPLE VALLEY BURNSVILLE EAGAN FARMINGTON HASTINGS LAVER GROVE HEIGHTS .AKEVILLE AENDOTA HEIGHTS IOSEMOUNT 'OUTH ST PAUL VEST ST PAUL JININGER Lotus:Fundl0.wk3 EXHIBIT 2 NTY SURVEY & LAND INFORMATION ECOVERY PERCENTAGE COST SHARE BY CITY COUNTY SHARE 331/3 40 37 38 46 43 35 50 44 50 50 50 DEA SHARE 331/3 20 26 24 8 14 30 12 0 CITY SHARE 331/3 40 37 38 46 43 35 50 44 50 50 Agenda Information Memo January 2, 1996 Eagan City Council Meeting ACTION TO BE CONSIDERED: ► To approve or deny the 1995 Star City Annual Report and adopt the 1995 Star City Resolution. FACTS: ► Each year the City reports its economic development activities to the Minnesota Department of Trade and Economic Development as part of the "Recognition of Continuing Participation" ► At its regular meeting of December 28, 1995, the Economic Development Commission reviewed and recommended approval of the Star City Annual Report. It would be appropriate for Council to consider approving a Resolution accepting the report and requesting recognition of continuing participation in the Star City Program from the MN Department of Trade and Economic Development. BACKGROUND/ATTACHMENTS: (2) Star City Annual Report - pages - Resolution - page. qq RESOLUTION 96-_ REQUESTING RECOGNITION FOR THE CITY OF EAGAN AS A STAR CITY FOR 1994-1995 WHEREAS, the City of Eagan fulfilled the initial development requirements to receive Star City designation in 1985 for its commitment to economic development, and; WHEREAS, the City of Eagan has been recertified as a -Minnesota Star City yearly since initial designation in 1985, and; WHEREAS, the City of Eagan utilizes a citizen advisory group, the Economic Development Commission, to study, evaluate and work to improve the local economy through policy recommendations to the City Council, and; WHEREAS, the City of Eagan recognizes that the present rate of growth requires planned and coordinated effort to ensure appropriate economic development, and; WHEREAS, the City of Eagan has been, is currently, and will continue to pursue policies to ensure appropriate economic development, and; WHEREAS, the City of Eagan seeks to develop a diverse and stable local economy, and; WHEREAS, the City of Eagan formally adopted its current Economic Development Master Plan on August 6, 1991, as amended October 10, 1993, and is committed to continue its implementation, and; WHEREAS, the City of Eagan's Economic Development Commission has completed a summary of economic development activities undertaken by the City from the fourth quarter of 1994 through the fourth quarter of 1995 to implement the master plan. NOW, THEREFORE, BE IT RESOLVED , the City Council of the City of Eagan has reviewed and accepted this report to submit to the Minnesota Department of Trade and Economic Development; NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Eagan hereby requests recognition of continuing participation during 1994 and 1995 as a Star City from the Minnesota Department of Trade and Economic Development. Passed and adopted this day of January 1996. CITY OF EAGAN CITY COUNCIL Its Mayor Its City Clerk starcity.res ,J The City's economic development program is guided by the City Council with the advice of its citizen -based Economic Development Commission. Staff support is provided by the Planning Division of the Community Development Department. The City provides information on land availability, financing assistance, and employee training opportunities to businesses interested in locating, or expanding, in Eagan. Following is a summary of the City's economic development activity for late -1994 and 1995. �k Lull Corporation - The City received an Economic Development Recovery Fund grant and, in turn, loaned the money to Lull Industries for acquisition of equipment. Lull's expansion resulted in the creation of approximately one -hundred new jobs. A portion of the grant funds will be retained by the City to capitalize a City administered Economic Development revolving loan fund program. Register Resale Corporation - Register Resale Corporation (a local business) proposed construction of a $1.5 million facility within the City and was seeking 90% financing of the cost of their new building through a private financial institution. To secure this level of private financing, the St. Paul Port Authority and the City of Eagan guaranteed a portion of Register Resale's loan. By participating in the Business Development Financing (BDF) with the St. Paul Port Authority, a local business was able to expand and grow in Eagan. �Ir Economic Development Forum - The City's Economic Development Commission held a special forum on "The Future of Commercial & Industrial Development in Eagan". Panelists included: representatives from United Properties; Kraus - Anderson; Welsh Companies; Corporate Real Estate; and Towle Real Estate. Panel discussion was focused on economic development potential in Eagan from a marketer's perspective. Additionally, representatives from Opus Corporation, Northwestern Mutual Life, and Welsh Companies gave updates on the status of Eagan's major commercial and industrial development projects. r Business Outreach Meetings - The City held four meetings at different locations throughout the city in order to promote discussion between local businesses and representatives of the City. No formal agendas were set. The City is currently analyzing the success of these meetings and will be scheduling similar meetings for 1996. �k GIS Database - In cooperation with the Dakota County Economic Development Partnership, the City is working to develop a multi -city GIS planning/economic development database for providing timely and high quality information to support effective local and regional commercial and industrial marketing. Downtown Vision Task Force - The City created a special task force whose mission was to clarify the City's vision for a "downtown" or "central area" and to provide guidelines to Opus Corporation and other landowners in the Central Area to implement through their development plans. Community Bus Tour - The City Council and its advisory commissions took part in a community bus tour which provided an opportunity for a collaboration on development proposals, success stories, and'general information about the City. The tour featured a variety of residential and commercial/industrial development, as well as City infrastructure needs and redevelopment issues. r Cedarvale Special Service District - After securing state legislation, the City worked with Cedarvale area merchants to establish a Special Service District and developed its first annual work program. This program includes: enhanced mowing, landscape maintenance, and signage for this area. �r Industrial Property Brokers List - Staff in Community Development prepared a list of all major industrial properties and the respective representative broker. This list is to be updated on an annual basis and will be used as a reference list for inquiries. �k Transportation/Land Use Plan - The City's transportation/land use plan was updated to identify necessary central area transportation improvements and the schedule for the implementation of those improvements. �k Planning Strategies - The City is committed to ongoing comprehensive updates to ensure the Comprehensive Guide Plan and Zoning Ordinance are consistent with commercial and industrial development trends. Areas that are being, or have been analyzed, include: 1-494/Hwy. 55 corridor; southeast industrial area; building materials standards; locational considerations for trucking -related industries; redevelopment areas; and redevelopment standards. �k Financial Considerations of Development - The City began an analysis of how much existing vacant industrial land is remaining and what impacts different types of uses have on the taxing capacity. This information will be used as a part of the City's industrial land use plan update scheduled for completion in 1996. Current and Pending Development List - The Community Development Department continued a listing of all projects with current or pending applications in process within the City. This list contains valuable information for anyone interested in the City for residential, commercial, or industrial purposes. The City of Eagan recognizes the need to foster an attractive and desirable business environment in order to ensure employment opportunities for its citizens, a strong tax base retail services for its citizens and economic opportunities for entrepreneurs. The City of Eagan will encourage the formation of head of household jobs, clean industries, economic diversity, commercial stability and effective relationships with regional, state, national and international economies. q � Agenda Information Memo January 2, 1996 Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve or deny a Conditional Use Permit to allow a drive-through window for a 3,000 sq. ft. Schlotzsky's Deli restaurant on Lot 1, Block 1, Town Centre 70 Seventeen Addition located at 1340 Town Centre Drive subject to the five conditions recommended by the Advisory Planning Commission. FACTS: • In 1994, the subject site was part of the Town Centre 70 Seventeenth Addition consisting of two lots on 1.76 acres. The existing 10,600 sq. ft. retail building occupied by Kinko's and Payless Shoes is located on Lot 2, Block 1. At the time of Preliminary Subdivision approval, the applicant had proposed a 3,000 sq. ft. Boston Chicken restaurant for Lot 1. • Shortly after Final Subdivision approval for Town Centre 70 Seventeenth Addition, Boston Chicken scaled back their restaurant opening schedule in the metropolitan area and, as a result, Lot 1 has not yet developed. • The proposed Schlotzsky's Deli site layout is similar to that approved for the Boston Chicken restaurant with the addition of a drive-through window. • As proposed, the site plan provides sound internal circulation and the drive-through layout provides ample vehicle stacking on-site. • The Advisory Planning Commission conducted a public hearing on this item at its regular meeting on December 21, 1995 and recommends approval of the Conditional Use Permit subject to the five conditions listed in the staff report. BACKGROUND/ATTACHMENTS: (2) APC minutes of December 25, 1995, pages &Iensh---�—. Staff Report, pages through 4o (. MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA DECEMBER 21, 1995 PUBLIC HEARINGS CONDITIONAL USE PERMIT - RELIANCE REAL ESTATE Chairman Miller opened the first public hearing of the evening regarding a Conditional Use Permit to allow a drive-through window for SchloWv/s Deli located on Lot 1, Block 1, Town Centre 70 Seventeenth Addition on the east side of Town Centre Drive next to Kinko's and Payless Shoes in the NWI/. of Section 15. Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in the City staffs planning report dated December 11. 1995. Mr. Ridley noted the background and history, the existing conditions and the surrounding uses of the subject property. Mr. Ridley further outlined the City staffs evaluation of the applicant's request for a conditional use permit for the drive-thru window. Mr. Ridley concluded that the requested use is consistent with the uses in the surrounding area, the drive-thru layout provides ample stacking of vehicles on site and does not impede any site pedestrian traffic. John Trautz, a representative of the applicant, was present but stated no comments. Member Burdorf stated that the request appears straight forward and there are no objections to the request by the staff. Member Burdorf moved, Member Isberg seconded, a motion to recommend approval of a Conditional Use Permit to allow a drive-through window for Schlotzky's Deli located on Lot 1, Block 1, Town Centre 70 Seventeenth Addition on the east side of Town Centre Drive next to Kinko's and Payless Shoes in the NWV4 of Section 15, subject to the following conditions: The CUP shall be recorded at Dakota County within 60 days of Council approval. 2. The brick building shall be constructed to be compatible with the adjacent Kinko's/Payless building on Lot 2 and the area in general with specific architectural details of the building subject staff review and approval prior to release of the CUP for recording at Dakota County. 3. The applicant shall provide revised building elevation drawings showing building signage only on the north and west sides of the restaurant. 4. The developer shall provide documentation of the cross -parking easement between Lots l & 2 for review and approval by the City Attorney's office. 5 The applicant shall provide revised plans that accurately reflect the existing Town Center Drive right-of-way in relation to the existing curb line and the applicant's property line. All approved in favor. 4? PLANNING REPORT CITY OF EAGAN REPORT DATE: December 11, 1995 APPLICANT: John Trautz PROPERTY OWNER: Reliance Real Estate REQUEST: Conditional Use Permit LOCATION: 1340 Town Centre Drive CASE M: 15 -CU -32-11-95 HEARING DATE: December 21, 1995 PREPARED BY: Steve Dorgan/M. Ridley COMPREHENSIVE PLAN: CSC - Community Shopping Center ZONING: CSC - Community Shopping Center SUMMARY OF REQUEST Reliance Real Estate Services, Inc. is requesting approval of a Conditional Use Permit (CUP) on behalf of Schlotzsky's Deli to allow a drive -up window with the proposed restaurant on Lot 1, Block 1, Town Centre 70 Seventeenth Addition located at 1340 Town Centre Drive in the NW 1/4 of Section 15. AUTHORITY FOR REVIEW Conditional Use Permit: 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. S� Planning Report - Reliance CUP December 21, 1995 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. BACKGROUND/HISTORY In 1994, the subject site was part of the Town Centre 70 Seventeenth Addition subdivision that consisted of two lots on 1.76 acres. The existing 10,600 s.f. retail building, occupied by Kinko's and Payless Shoes, is located on Lot 2, Block 1. At the time of preliminary subdivision approval, the applicant had proposed a 3,000 s.f. Boston Chicken Restaurant for Lot 1. Shortly after the Final Subdivision was approved for the Town Centre 70 Seventeenth Addition, Boston Chicken scaled back their restaurant opening schedule in the metropolitan area and as a result, Lot 1 has not yet developed. EXISTING CONDITIONS The undeveloped Lot 1, Block 1, Town Centre 70 Seventeenth Addition has previously been graded in association with the development of the Kinko's/Payless site to the south. Therefore, the property is relatively flat, does not contain any significant trees, and there are no wetlands on site. 5 RQUN ING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Rainbow parking lot/Pizza Hut; zoned CSC; designated CSC South - Parking for Kohl's and Walmart; zoned CSC; designated CSC East - Town Centre Shoppes; zoned CSC; designated CSC West - Applebee's Restaurant; zoned CSC; designated CSC S( Planning Report - Reliance CUP December 21, 1995 Page 3 EVALUATION OF REOUEST j&U - Lot 1, Block 1, Town Centre 70 Seventeenth Addition is .74 acres in size. Setbacks - All building and parking/drive aisle setbacks are met. Parking - The City Code requires 1 parking stall for every 3 restaurant seats based on the design capacity. The proposed Schlotzsky's restaurant will have 62 seats which requires 21 parking spaces and the preliminary site plan shows 37 parking spaces. The development of Lot 2 (Kinko's/Payless) had a parking shortage of nine stalls so the 16 additional spaces to be provided as part of the Schlotzsky's development on Lot 1, combined with Lot 2, results in a combined net parking overage of seven parking stalls. The parking situation was addressed in 1994 when the Town Centre 70 Seventeenth Addition subdivision was reviewed and the developer agreed to provide a cross parking easement between Lots 1 & 2. Landscaping - The Landscape Plan is consistent with the overall plan approved in 1994. The plan called for a number of trees and shrubs along Town Centre Drive which were installed as part of the Kinko's/Payless development. Plantings will also be placed on the boulevards along the adjacent interior drives of the Town Centre parking lot. In addition, several trees and shrubs are proposed around the building and in the parking lot islands. Signage - The applicant has submitted building elevation plans that show building signage on the north, south and west sides of the building which is consistent with the building signage approved for the Kinko's/Payless building; however, only signage on the north and west side of the building on Lot 1 was approved. The applicant should provide revised building elevation drawings showing building signage only on the north and west sides of the restaurant. In addition, signage will be added to the existing pylon sign located in the northwest corner of Lot 1 along Town Centre Drive as approved last year. Architecture - The applicant is proposing a brick building with a fabric awning over all of the windows. The applicant has not defined a color scheme to be used but the building should be constructed to be compatible with the adjacent Kinko's/Payless building on Lot 2 and the area in general. The applicant will be dealing with Schlotzsky's and the local franchisee to determine the specific architectural details of the building which should be reviewed and approved by staff before the CUP is released for recording at Dakota County. Grading/ Wetlands - The Grading Plan is acceptable and1here are no wetlands on site. Storm Drainage/Water Ouality - The Storm Drainage Plan is acceptable and the applicant has previously paid a cash waxer quality dedication. 57(--71- Planning Report - Reliance CUP December 21, 1995 Page 4 Utilities - The Utility Plan is acceptable. Existing City services and stubs to the site are available. AW&SsJCirculation - Although the site fronts on Town Centre Drive, access to this lot and the site is provided via internal private drives. There is no direct access to Town Center Drive. Circulation associated with the drive-thru is in a one-way counter -clockwise pattern. Drive-thru traffic enters near the southeast corner of the building and exits near the northwest corner of the building. The drive-thru window is located on the north side of the building so stacking will occur along the north and east sides of the building which will not interfere with pedestrian traffic in and out of the restaurant. The City Code requires 5 stacking spaces for drive-thru lanes; the site plan submitted shows stacking available for eight vehicles and the drive-thru area also provides a through traffic lane that will be independent of the stacking lane. Easements/Rights of W-u/Permits - The developer should provide documentation of the cross - parking easement mentioned earlier in this report. The plans submitted do not reflect an accurate layout of the Town Centre Drive right-of-way in relation to the existing curb line and the applicant's property line. These plans should be revised to incorporate an accurate depiction of this area. City staff has been reviewing the need and feasibility of a sidewalk along the east side of Town Centre Drive to enhance pedestrian traffic in this area; however, existing right-of-way dedicated for Town Centre Drive is not wide enough to accommodate a trail. It is likely that in the future, the City will look to acquire trail easements along Town Centre Drive. Tree Preservation - There are no significant trees on site. EALks pind Recreation - A cash park and trail dedication was already paid for this subdivision. Compatibility with Surrounding Area - The proposed use of a drive-thru window with the restaurant at this location is consistent with the other CSC land uses in this area The design for the drive-thru will be compatible with the area and the other drive-thru restaurant businesses in the area that include McDonalds, Taco Bell, Arby's, Kentucky Fried Chicken and Burger King. At peak times, the vehicles queuing up to use the drive-thru window at some of the restaurants in the Town Centre area not only block pedestrian traffic in and out of the restaurant but occasionally overflow onto the public street (Town Centre Drive). The proposed Schlotzsky's restaurant drive-thru window vehicle stacking will not block pedestrian access and if there is an overflow, this stacking will occur on private drives and not on public right-of-way. 5.3 Planning Report - Reliance CUP December 21, 1995 Page 5 SUMMARY/CONCLUSION The requested drive-thru use is consistent with the uses in this area of Town Centre. As proposed, the drive-thru layout provides ample stacking on site and in extreme situations, overflow stacking will occur on private property and not spill out onto the public right-of-way. The drive-thru activity will not impede any of the restaurant pedestrian traffic. ACTION TO BE CONSIDERED To recommend approval or denial of a Conditional Use Permit to allow a drive-thru window on Lot 1, Block 1, Town Centre 70 Seventeenth Addition. If approved, the CUP shall be subject to the conditions listed below. 1. The CUP shall be recorded at Dakota County within 60 days of Council approval. 2. The brick building shall be constructed to be compatible with the adjacent Kinko's/Payless building on Lot 2 and the area in general with specific architectural details of the building subject staff review and approval prior to release of the CUP for recording at Dakota County. 3. The applicant shall provide revised building elevation drawings showing building signage only on the north and west sides of the restaurant. 4. The developer shall provide documentation of the cross -parking easement between Lots 1 & 2 for review and approval by the City Attorney's office. 5 The applicant shall provide revised plans that accurately reflect the existing Town Center Drive right-of-way in relation to the existing curb line and the applicant's property line. FINANCIAL OBLIGATION -15 -CU -32-12-95 Lot 1, Block 1, Town Centre 70 Seventeenth There are pay-off balances of special assessments totaling $1,985 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. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are. computed using the City's existing fee schedule and the connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount NONE �J .L sw WEST dE rinRjir k OAK I MK 6; T-7 "'PA, APOL I aft I Id '14W TIF Ftrw I.. 0 OTJIA;R JI Itf A9411 4E rArl, .Z 111G11 Stir. Ai 7. qw 2 Oin QUAIM Qw 3 rAr1f 4 r(,nF71, ftli'mr I f :e WR 011 L ",v 8 u. 11 C.1 xwt I VAIIKF 000011 RnAV F 7g3 I L It 7 It Xl R,14 n DR I LL CFNIFIE (I'l F A r, T, rata Arr. 1A RUN fit t1w ISE row lift I c rell f 11 ROMAli Mr rm YIQLEJ ., 6A P. f I q.10r.L.. j jk "Tor. -TV 4 Jct AA, Aq tip- Jll v., L ENGLE sw L I K ZACj.I irif Mr7. T A'F , _ _ ll e' -%I no ("OAM A WPX "I( . " I � r A L EAG AN I IFLA11 PD JWUNjCIr#4L a CFNIPR wits rmr on! I CR NE I w L ? rX wit VA IN if "Who ■ � 7 | | � ■ || j | - |., ■ ■ . ,. 'z.men=: .■ ■■��| ;.- /� , ■.. .��: - - |;� ,| t.■:, ,. !',. ■' s . �|� ��.. .��! ! ■Q i�: �' !]� ~ � � e§,|�pq�� • -■ |� ! 4 §� ' | _■@ ! ||s� ��a��,�. �■ �|§ � | �|� �� | ■| ■—■�9��`��,� �!_ . |! � B R| �, �| �l�lr��:�i�. �r.r.�■■�|f|�� ■ ; r � � � ■� !, |!; _2. �� "Who v� V dna• ! _ Q � + V dna• ! _ Q � + O O M JLL I Q IIII YZ \ I � _ 1 uiN tit rw MrOV3 - ;i i Mn iMAiii RDIfiC Y34x3O mol NVOV3 is I a O O M JLL I Q IIII YZ \ I � _ 1 uiN � •+.� � � ,1 �. �' i � ii „rL 9M4rOMOwrI l I OIQ �l9iAlL YaOI/7G I I 30 MMOL MrOt3 I od _ [i ¢• a S' �I 1 Agenda Information Memo January 2, 1996 Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve or deny the Conditional Use Permit for Ballard Moving and Storage to allow outdoor storage of semi -trucks and trailers on Lots 1 through 3, Block 6, Eagandale Center Industrial Park, in association with a proposed 53,000 sq. ft. office/warehouse building to be located at the southeast intersection of Center Court and West Service Road subject to the five conditions recommended by the Advisory Planning Commission. FACTS: At their regular meeting on October 2, 1995, the City Council denied Ryan Construction's request for a Conditional Use Permit to allow Ballard Moving and Storage outdoor storage of trucks. Their denial was based primarily on the visibility of the outdoor truck storage from the freeway exit ramp to Lone Oak Road and the addition of another trucking company in this area. The current application request concerns the same basic land use; however, significant changes have been made to the site plan that reduce the intensity of the use and the general impact to the area. The number of semi -trucks and trailers to be stored outdoors has been reduced from 40 to 20. The proposed parking drive -aisle setback from the I -35E right-of-way has been increased from 10' to 30'. Additional landscaping and screening along the east edge of the site have been provided and additional landscape islands have been added in the outdoor storage area. The additional setback and planting islands have increased the green area of the site by 27% and the additional setback along I -35E right-of-way allows the applicant to provide a berm that ranges in height from 5' to 9' to screen the storage area from the exit ramp. The Advisory Planning Commission conducted a public hearing on this item at its regular meeting on December 21, 1995 and recommends approval of the Conditional Use Permit subject to the five conditions listed in the staff report. BACKGROUND/ATTACHMENTS: (1) APC minutes of DeceInbw1f, 1995, pages through lA Staff Report, pages I L22 through SENT BY: 612 432 3780 12-22-95 :11:42AM : SEVERSON SHELDON-a 681 4694:# 4111 Pape 3 December 21, 1995 ADVISORY PLANNING COhOUSSION CONDITIONAL USE PERMIT - RYAN CONSTRUCTION Chairman Miller opened the next public hearing of the evening regarding a Conditional Use permit on behalf of Ballard Moving and Storage to allow outdoor storage of trucks and trailers associated with a proposed 53,318 sq. ft. office/warehouse building and a modified site plan to be located on Lots 1-3, Block 6, Eagandale Center Industrial Park at the southeast intersection of Center Court and West Service Road in the SE'/. of Section 3 - Senior _ Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in the City staffs planning report dated December 14, 1995. Mr. Ridley noted the background and history, the existing conditions and the surrounding uses of the subject property. Mr. Ridley further outlined the City staffs evaluation of the applicant's request for a conditional use permit for outdoor storage of semi -trucks and trailers. Mr. Ridley noted that the application presents a significantly revised site plan from a previous site plan denied by the City Council at its October 2, 1995, meeting. Mr. Ridley noted that the revised plan reduces the intensity of the use and the general impact to the area, reduces the number of semi-trucks/trailers to be stored from 40 to 20, increases the parking/drive-aisle setback from the 1-35E right-of-way from ten feet up to 30 feet, plus the addition of significant landscaping and screening along the I -35E right-of-way ramp. Mr. Ridley concluded that the revised plan meets the intent of the outdoor storage standards and is compatible with existing and future uses in the area. Kent Carlson, a representative of the applicant, stated that the applicant concurs with the City staffs report and is available for. questions. Chairman Miller stated that the revised application is "far superior" to the original plan and noted that the Advisory Planing Commission recommended approval of the original plan. Member Wallace noted that he voted against the original proposal because the storage of the trucks/trailers along the I -35E right-of-way ramp was a too intense. Member Wallace stated that the current proposal addresses those concerns. Member Burdorf inquired with. the applicant as to how many parking spaces were reduced from the original plan to which Mr. Carlson advised that the number of parking spaces were reduced by half. Member Heyl stated that the applicant addressed all of the concerns that the Advisory Planning Commission and the City Council expressed. Member Heyl moved, Member Wallace seconded, a motion to recommend approval of a Conditional Use permit on behalf of Ballard Moving and Storage to allow outdoor storage of trucks and trailers associated with a proposed 53,318 sq. ft. office/warehouse building and a modified site plan to be located on Lots 1-3, Block 6, Eagandalc Center Industrial Park at the southeast intersection of Center Court and West Service Road in the SEL/ of Section 3, subject to the following conditions: 432 SENT BY: 12-22-95 2:11 43AM 0 SEVERSON SHELDON- 681 46944 5/11 Page 4 December 21, 1995 ADVISORY PLANNING COMMISSION 1. The CUP shall be recorded at Dakota County within 60 days of Council approval. 2. The developer shall combine Lots 1-3, Block 6, Eagandale Center Industrial Park into a single tax parcel. 3. The developer shall enter into an agreement with the City regarding implementation of the proof of parking. 4. Screening of the truck/trailer storage area shall be provided as shown on the Preliminary Landscape Plan dated 12-8-95. 5: An on-site water quality pond shall be provided as shown on the Preliminary Grading, Drainage, and Utility Plan dated 12-8-95. All approved in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: December 14, 1995 APPLICANT: Ryan Construction Company PROPERTY OWNER: Northern Lights Property REQUEST: Conditional Use Permit (outdoor storage) LOCATION: 2934 Center Court COMPREHENSIVE PLAN: Industrial (IND) ZONING: Limited Industrial (LI) SUMMARY OF REQUEST CASE #: 3 -CU -33-12-95 HEARING DATE: Dec. 21, 1995 PREPARED BY: Mike Ridley Ryan Construction Company is requesting approval of a Conditional Use Permit (CUP) on behalf of Ballard Moving & Storage to allow outdoor storage of semi -trucks and trailers on Lots 1-3, Block 6, Eagandale Center Industrial Park in association with a proposed 53,654 SF officelwarehouse building to be located at the southeast intersection of Center Court and West Service Road in the SE 1/4 of Section 3. AUTHORITY FOR REVIEW Conditional Use Permit 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. Planning Report - Ballard CUP December 21, 1995 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. City Code Chapter 11, Subdivision 29, C., 1., Standards., sets forth the following standards for outdoor storage: (a) Outdoor storage items shall be placed within an enclosure. (b) All such enclosures shall be attached to the principal building except in the Limited Industrial District. (c) The enclosure shall be made of material suitable to the building and the items to be stored. (d) The enclosure shall not encroach into any established front building setback area or other required setbacks. (e) The enclosure shall not interfere with any pedestrian or vehicular movement. (f) The items to be stored shall not exceed the height of the enclosure. (g) The display area shall not take up required parking spaces or landscaping areas. (h) The display area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. (i) The square footage of outdoor display areas shall be included in the calculation of required off-street parking for the principal use of the property. Planning Report - Ballard CUP December 21, 1995 Page 3 RACKGROM/HIU RY At their regular meeting on October 2, 1995, the City Council denied Ryan Construction's request for a CUP to allow Ballard Moving & Storage outdoor storage of trucks. The Council denial was primarily based on the visibility of the outdoor truck storage from the freeway exit ramp and the addition of another trucking company in this area Eagandale Center Industrial Park was platted in 1967 and there had been no previous development proposed for these three lots. According to the applicant, fill generated from the 35E freeway construction was deposited on the eastern portion of the site. EXISTING CONDITION The site has previously been graded and is currently an open grassland that does not contain any trees or wetlands. The applicant states that the fill deposited on this site during the construction of I -35E was not properly compacted which prevents anything but parking from being developed on those bad soils. Ballard currently has facilities in St. Paul, Eden Prairie, and Milwaukee, WI. The approximately 40,000 SF facility on West 7th Street in St. Paul is leased and the company is looking to move this portion of their operation to Eagan and a facility that they will own. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Undeveloped/Krafft American; zoned and designated Industrial. South - Undeveloped; zoned and designated Industrial. East - Interstate 35E West - Huebsch/Don Stevens, Inc. (office/whse); zoned and designated Industrial. EVALUATION OF REQUEST The current application request concerns the same basic land use; however, significant changes have been made to the Site Plan that reduce the intensity of the use and the general impact to the area The changes specifically relate to the amount of outdoor storage, setbacks, and screening/green space. The number of semi-trucks/trailers to be stored outdoors has been reduced from 40 to 20, the proposed parking/drive aisle setback from the 35E right-of-way has been increased from 10' to 30', additional landscaping/screening along the east edge of the site (accommodated by the increased setback), and additional landscaped islands in the outdoor storage area The additional setback and planting islands have increased the green area of the site by 27%. The Ballard Moving & Storage Company provides long and short term personal storage to the general public. Household goods make up the majority of the items stored and while the items are usually moved to and from the site in semi -trucks, Ballard has stressed that they are not a Planning Report - Ballard CUP December 21, 1995 Page 4 trucking company. For example, Ballard summarized actual truck traffic at their St. Paul facility for a week in April 1995 and a week in July 1995. The weeks were randomly selected and show that the truck traffic generated at this facility, on average, is less than 10 trucks per day. The St. Paul facility is similar in size and function to that proposed in Eagan. The proposed officetwarehouse use is permitted in the Limited Industrial Zoning District. Outdoor storage of semi -trucks and trailers requires a CUP. The proposed storage appears to meet the intent of the Outdoor Storage Standards. Qmpatibility with Surrounding Area - The proposed officelwarehouse land use is consistent with other office/warehouse uses in the area including Kraft American, Chicago Tube & Iron, Georgia Pacific, etc. and should be compatible with future industrial development in this area. The amount of truck traffic generated will be far less than the amount generated by many of the neighboring businesses and the reduction in the amount of outdoor storage proposed, combined with the increased screening/green space, should also make the truck/trailer storage compatible with the area. Ci e - The subject site consists of Lots 1-3, Block 6, Eagandale Industrial Park and is approximately 5.7 acres, in size. The applicant should combine the lots into one tax parcel at Dakota County. Setbacks - All building and parking/drive aisle setbacks are met. The City Code requires a minimum setback of 20' from public right-of-way. The site plan proposes a 30' setback from the parking/drive aisle area to the I -35E right-of-way. Parking - On site parking provided is consistent with Code requirements for office and warehouse uses. The applicant is proposing to construct all but 24 of the required spaces initially; however, they have dedicated an area on the west edge of the site as "proof of parking" for 24 stalls. The developer should enter into an agreement with the City regarding implementation of the proof of parking. LandscaWne - With minor revisions, Landscape Plan is acceptable. The applicant has agreed to incorporate staff suggestions that will provide better screening of the truck/trailer storage area. Gradinatorm Drainage - Minor revisions to the preliminary grading and storm drainage plan are necessary. This plan will have to be finalized and submitted with the Building Permit application. Water Quality/Wetlands - This proposed development will increase both the runoff and pollutant export from this site. Runoff from the site (and area) discharges via the existing storm sewer system directly into LeMay Lake. As one of only six Class I direct contact recreation water bodies identified in the City's water quality management plan, protecting LeMay Lake is a top priority of the water quality program. Therefore, the developer has provided on-site ponding to treat the run-off generated on the site before it discharges to the public storm sewer system. (01 Planning Report - Ballard CUP December 21, 1995 Page 5 There are no wetlands on site. Utilities - Minor revisions to the utility plan are necessary. This plan will have to be finalized and submitted with the Building Permit application. There are a number of opportunities to provide City services to the site from existing service stubs available to these three lots. Access/Internal Circulation - The proposed access is acceptable. The site layout provides a truck ingress from Center Court, a truck egress to West Service Road and a full access for employee vehicles also to West Service Road. The internal truck circulation will be a one-way movement from west to east along the south and east perimeter of the site. Tree Preservation - There are no significant trees on site. SUMMARY/CONCLUSION Ballard Moving & Storage operates facilities that are designed to accommodate long term storage primarily of household goods and according to the applicant, the trucking activity associated with the use will average approximately 1 truck per hour. The current application request concerns the same basic land use as the original request; however, significant changes have been made to the Site Plan that reduce the intensity of the use and the general impact to the area. The current plans have been revised to reduce the amount of outdoor storage, increase landscaping/screening, and increase the overall green space on site by 27%. The proposed outdoor storage associated with the office/warehouse use meets the intent of the Outdoor Storage Standards and will be compatible with existing and future uses in this area. ACTION TO BE CONSIDERED To approve/deny a Conditional Use Permit for Ballard Moving & Storage to allow outdoor storage of semi -trucks and trailers on Lots 1-3, Block 6, Eagandale Center Industrial Park. If approved, the CUP shall be subject to the conditions listed below. 1. The CUP shall be rtcorded at Dakota County within 60 days of Council approval. 2. The developer shall combine Lots 1-3, Block 6, Eagandale Center Industrial Park into a siingle tax parcel. 3. The developer shall enter into an agreement with the City regarding implementation of the proof of parking. Planning Report - Ballard CUP December 21, 1995 Page 6 4. Screening of the truck/trailer storage area shalt be provided as shown on the Preliminary Landscape Plan dated 12-8-95. 5. An on-site water quality pond shall be provided as shown on the Preliminary Grading, Drainage, and Utility Plan dated 12-8-95. I C) FINANCIAL OBLIGATION - 3 -CU -33-12-95 Lot 1, 2 and 3, Block 6, Eagandale Center Industrial, Park There we pay-off 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. The estimated financial obligation presented is subject to change based upon areas, dimensions and lend uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity AjrxKnu NONE AL � I f \' 950 1250 •�+ TRAPP ' C 1 ■Lfy'm _{11A r* w PARI( se, rosy 5 826 f 94 got oA♦c Lom P� - - 5 as aR � $, CLwEr ORI "MUD 1 NO Rla \ RRYlM a., �{ , • v. �' , OIW RD, 1 -- �� 2004 PT M . 1 r 1AT PT. n R= TIL 0 DCG 6A.V NCDW o rt.No 1 sr�urx Pr. Q 1 7AI«EC DOC= MAD 5-1 cammw mus go 24 Icar COAAW all o, CTWO LOCATION 1-1 (LIMITED INDUSTRIAL) COMPREHENSIVE GUIDE PLAN IND (INDUSTRIAL) IW y 1' e r r Lim—;—� janoo SM N30 %�j hh a RAn^ :sE�R�i as s was• i Y4� i r. 12 m won z PC W M 96 of U�e a. .H !1A c� L; L. Lj L 'o ba b 1 b m �$ lO o v $ 3 b x I « I � i J µW I p 0 .0-.L41 �a7 I LL W O 00 ZZ O0 I S< i I � 1 FO�iV I �mz �as b _ l&n03 831N30 Q co U t C 1 � \ i\\ � \`'� \• fid' \ \ i�• \� `fir: \ \ \� \\ lot \i \ \ � 1 b i 1 t 3 � •� � i oR :• ' =t \ 1 AH 1 ark 1 i � •i i t�b i 6 �I i g am- uro Ar ($ i ! I Y p f ' : •I e 7