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05/15/1998 - City Council Regularcity of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 15, 1998 MEMO SUBJECT: AGENDA INFORMATION FOR MAY 19, 1998 CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval is given to the May 5, 1998 City Council agenda, the minutes of the May 5, 1998 regular City Council meeting and the minutes of the May 5, 1998 special City Council meeting, the following items are in order for consideration. Agenda Information Memo Eagan City Council Meeting May 19, 1998 DEPARTMENT HEAD K9§11-- SS A. SELECTION of construction manager, Family Aquatic Facility ACTION TO BE CONSIDERED: To authorize the hiring of Greystone Construction as the Construction Manager for the Family Aquatic Facility, assuming a successful contract is negotiated. FACTS: • Interviews were held on Monday May 4' for selection of a construction manager for the Aquatic Facility. • Graystone Construction, Bossart Corporation and Krause/Anderson were interviewed by Council member Wachter, City Administrator Hedges, Matt Freeby, Operations Manager from Water Technology, Inc and Director of Park and Recreation Vraa. • A report is attached from Matt Freeby regarding his background checks, review and analysis of the three firms. His conclusion is that all three firms are capable of doing the work and were recommended by previous project owners. The fee proposal from Krause/Anderson, however, was not cost effective. • Bossart Corporation is a "pure' construction manager in that they do not have any laborers that perform construction activities. • Greystone does have a construction division (they would not bid on any portion of the project to avoid conflict of interest). • Both firms have qualified staff to perform the work and would be ready to begin the project. There appears to be a slight cost advantage to Greystone in the base fee. There may be an advantage in using them because of their familiarity with the project site and City staff. ATTACHMENTS: • Memo from Matt Freeby on Pages -3 to . N 05/14/98 11:48 tit• May 12, 1998 Ken Vraa 0920 887 7999 ..J - Re: City of Eagan, CM proposals Dear Ken, HATER TECH I Thank you for the opportunity to join you, Tom Hedges and Ted Wachter last Monday to Interview potential CM firms for your Aquatic Center. Based upon the information presented and discussions in Eagan, I think that any of the three fimis are capable of handling the project As we dismissed immediately following the interviews I fejt that Krause Anderson was the most prepared, but they also appeared to be the most costly, ; In order to fully ena" the proposals, I have asked the firms for a rough estimate of their anticipated general conditions costs for a project of this type. Using this Information, we have formatted the following table of the total projected cost foreach CM for the project on a 9 month schedule. To generate a base line comparison, 1 have used 6,322,000 as the cost of construction figure for all three firms. Basis $6,322,000 WA Bossart Admin. 221,430 9500/MO =85,500 Labor Reimbursables 27,650 25-30 KTotal Fee ]89-880= 18�(2 s% 483,740 298,838 GreyStone 9000/MO = 81,000 1000/MO = 9,900 263,900 The following should be noted regarding the above figun3s: 1. The fee numbers are based as a percentage, each firm used a different construction cost figure (ranging from 6-7 million). For compari§on purposes we used Krause/Anderson's $6,322,00 figure. Q002 BEAVER DAM. w1 - ATLANTA, GA - LONG BEACH, CA ► CHICAGO, IL ! I too Park Avenue. P.O. Box 614, Beaver Dano Wisconsin 53916 - Phone 920 887-7375 Fax 92o 887-7899 3 R-95% 920 897 7999 05-14-98 11:*47AM P002 #12 05/14/98 11:45 8920 887 7999 RATER TECH IM003 2. Administration Labor represents the project billed cost of manpower. Krause Anderson's figure fs a lump sum, the other two are time based. Bossart has offered a rap on this figure of 85001MO. Greystone's figure is based on average rate x 40 hourstweek. This difference could quickly evaporate If overtime Is charged_ 3. Reimbursable general conditions numbers were rough estimates provided by each firm. 4. Greystone proposes a 10% mark-up on reimbursable expenses. Basically, we believe that Krause Anderson's proposal is not cost effective for the city, and should be declined. Reference verifications were performed. All firms received high marks and would be considered for future work by the persons contacted. References which had experience with both Bossart and Greystone were equally pleased. One reference (Bob Erickson, City of Lakeville) felt that between the two, the evaluation had to be based upon the specific project personnel. Our recommendation, based upon the personnel offered forthe project, fee basis, and experience is Greystone. We would further recommend establishing the following prior to finalizing an agreement 1. Project Superintendent B. Interview specific personnel and maintain right to refuse if this person is unacceptable to the city of Eagan. b. Define the superintendenfs hourly rate, and control of overtime charges_ 2. Establish basis of fee, contract should be for a stipulated sum. The above should be established for either fine. it is our feeling that the CM should not be hurt nor profit from mirror fluctuations and changes In the budget. Ken, the decision regarding the City's CM Is thankfully a difficuft one due to the high quality of the firms interviewed. Either Bossart or Greystone are qualified, and their the fee basis Is comparable. The most important criteria is the Comfort level the city has with the specified individuals presented. Water Operations BEAveR DAM, WI - Anrrm4 GA - Lone Beata, CA' CHICAGO, IL WATER TECHNOLOGIf8 INC. R-94% Y920 887 7999 05-14- 7AM P 98 I I 4 003 SF12 Agenda Information Memo May 19, 1998 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in f other 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. Temporary Seasonal Senior Program Assistant -- ACTION TO BE CONSIDERED: To approve .the hiring of Brad Eller as a temporary seasonal senior program assistant for Recreation. Item 2. Temporary Seasonal Part -Time Basketball Coach Supervisor -- ACTION TO BE CONSIDERED: To approve the hiring of Pierre Ellis as a temporary seasonal pan -time basketball coach supervisor. Item 3. Temporary Seasonal Recreation Leader -- ACTION TO BE CONSIDERED: To approve the hiring of Laura Clark as a temporary seasonal recreation leader. Item 4. Temporary Seasonal Utilities Maintenance Worker— ACTION TO BE CONSIDERED: To approve the hiring of Matt Peterson as a temporary seasonal utilities maintenance worker. Item 5. Temporary Seasonal Tree Inspector— ACTION TO BE CONSIDERED: To approve the hiring of Joseph Walton as a temporary seasonal tree inspector. s Agenda Information Memo May 19, 1998 Eagan City Council Meeting Item 6. Temporary Seasonal Part-time Concession Worker— ACTION TO BE CONSIDERED: To approve the hiring of Brenda Fears as a temporary seasonal part-time concession worker. Item 7. Resignation/Clerical Technician III/Community Development— ACTION TO BE CONSIDERED: To accept the resignation of Marlynn Greenwood from her position as a Clerical Technician III in the Community Development Department. Agenda Information Memo May 19, 1998 Eagan City Council Meeting Item 8. Time Spent Profile:Adjustments— ACTION TO BE CONSIDERED: To approve the adjustments for the Office Supervisor/Police Department, position for Time Spent Profile,(TSP) points from 69 to 73 and for compensation from range G to H; the adjustments for the Clerical Tech II/Maintenance Facility position for TSP points from 50 to 54 and for compensation from Clerical Level II to Clerical Level III; the adjustments for the Full -Time Building Maintenance Worker position for TSP points from 55 to 58 and for compensation from range D to E; the adjustments for the Utilities Supervisor/Waterposition for TSP points from 78 to 81 and for compensation from range I Exempt to J Exempt; and the adjustments for the Senior Planner position for TSP points from 88 to 96 and" for compensation from range K Exempt to range M Exempt. FACTS: The City of Eagan was required by the pay equity law to develop a position evaluation system to evaluate every position in the City and toadjust compensation rates related to these evaluations according to requirements 'of the act. The pay equity law also requires periodic reviews of evaluations. Current review indicates that there are five positions' TSPs that should be revised. ATTACHMENTS: • Memo from Assistant to the City Administrator Duffy attached on pages / through _4. TO: FROM: limits MEMO city of eagan CITY ADMINISTRATOR HEDGES ASSISTANT TO THE CITY ADMINISTRATOR DUFFY MAY 15,1998 SUBJECT: TIME SPENT PROFILE REVIEWS History For your information, at your request and as you are aware, the City was required by the pay equity law to develop a position evaluation system to evaluate each position at the City and to adjust compensation rates related to these evaluations according to requirements of the act. The City joined with approximately 150 other jurisdictions in the state to develop the Time Spent Profile (TSP) system currently used. Employees at all levels in the jurisdictions were utilized to develop task descriptions and to evaluate each of the tasks. (Please note that it is the position which is evaluated and not the performance of the person or persons filling the position.) The City of Eagan began pay equity adjustments in October of 1986 and finished with the initial adjustments in July of 1988. Five pro -rated adjustments were made to those positions which required adjustments. The pay equity law also requires periodic reviews of evaluations. The City of Eagan always reviews a TSP when an employee resigns before advertising for a replacement. In addition, for approximately the first five years of the current plan, employees and/or their supervisor could request on an annual basis that a position's TSP be reviewed. Between 1986 and 1991, probably forty to fifty TSPs were reviewed and approximately 15 positions received appropriate compensation adjustments. Staff became concerned in the early 1990s because it appeared that the same employees were requesting TSP reviews year after year and others never were. The result was that the TSPs which were frequently reviewed were tighter, more accurate and more up to date than those which had not been reviewed since the TSP was originally designed. Therefore, a City-wide review of all TSPS for regular positions was begun which concluded in 1993. This included a review of over 100 TSPS. The result was an adjustment for approximately ten positions. Two additional adjustments were made in 1996. S stem As you are aware, the responsibilities of a position must change significantly in order for the TSP's point total to change. Just because an employee is doing more of the same work (volume) due to Eagan's growth, it will not affect the point total. TSP point totals at the City of Eagan range from a low of 40 to a high of 124. Each pay range contains five points, i.e., 36 to 40 points would be one pay range (Pay Range A), 41 to 45 another (Pay Range B), all the way up to the highest pay range of 121 to 125 points (Pay Range R). For non -collective bargaining employees, each pay range increases by 8%. Current In the last six to nine months, I have received requests from employees and/or their supervisors to review approximately ten TSPs. That review is now complete. The results for five of the positions indicate that no change in compensation range is appropriate. However, there are five positions for which the results indicate a change. The duties and responsibilities of those positions have changed significantly since the 1993 review and/or since the position was created if it was created after that review. Those positions are: Office Supervisor/Police Department: The points for this position changed from 69 points to 73. The responsibilities of this position significantly changed in that actual clerical work was eliminated and supervisory, administrative and MIS functions increased. Therefore a change in compensation range from G to H is indicated. 2. Clerical Tech II/Malntenance Facility. The points for this position changed from 50 to 54 points. The responsibilities of this position changed when the employee holding the position retired and a new employee assumed the duties of that position as well as additional responsibilities. In fact, because the person in this position assumed many tasks of a Clerical Tech 111, it was not necessary to fill the vacant half-time Clerical Tech III position at maintenance. Therefore a change in compensation from Clerical Level II to Clerical Level III as listed in the collective bargaining unit agreement with the Clerical unit is indicated. 3. Full -Time Building Maintenance Worker: The points for this position changed from 55 to 58. The responsibilities of this position have changed from 1993 to include more responsibilities with the additional buildings and their equipment. Therefore, a change in compensation range from D to E is indicated. (For your information, all other full-time maintenance worker positions also have a point value of 58.) 4. Utilities Supervisor/Water: The points for this position changed from 78 to 81. The responsibilities for this position have changed since it was created in a reorganization three years ago to include less technical and more supervisory and administrative tasks. Therefore, a change in compensation range from I Exempt to J Exempt is indicated. (For your information, the other Utilities Supervisor position, the two Park Supervisor positions and the Street Supervisor position are currently in the J Exempt range.) 5. Senior Planner: The points for this position changed from 88 to 96. This position was rated at 88 points at the time the Director of Community Development resigned and that position was not filled. At that time, there were two senior planners who assumed responsibility for supervising the planning division activities under the direction of the City Administrator. Since that time, one of the Senior Planners also resigned and the current Senior Planner is acting basically as a division head. Obviously, there was a significant increase in responsibilities. Therefore, a change in compensation range from K Exempt to M Exempt is indicated. Following past City practice and to conform to our evaluation system as required by the pay equity legislation, it is recommended that the above adjustments be approved. If you need any further information, please contact me. Assistant to thJ Cite Administratbr Agenda Information Memo May 19, 1995 Eagan City Council Meeting B. SERVICE STATION LICENSE RENEWALS ACTION TO BE CONSIDERED: To approve service station license renewals for service stations within the City of Eagan as presented. FACTS: • City Code requires that service stations within the City of Eagan be licensed on at least an annual basis. The City is in receipt of applications from eight current license holders. • The applications have been reviewed by City staff and are in order for consideration by the Council. ATTACHMENTS: • Service station licensees attached on page � . 1998-1999 SERVICE STATION LICENSE RENEWALS Tom Thumb 1815 Diffley Road Eagan, MN 2. Tom Thumb 1446 Yankee Doodle Road Eagan, MN 3. Speedway Superamerica #4464 2250 Cliff Road Eagan, MN 4. Speedway Superamerica #4049 4200 E. Highway 13 Burnsville, MN 5. Speedway Superamerica #4182 1406 Yankee Doodle Road Eagan, MN 6. Speedway Superamerica #4335 1379 Town Center Dove Eagan, MN 7. Walstad's Eagan Amoco 4205 Nicols Road Eagan, MN 8. Rudy's Sinclair 3946 Nicols Road Eagan, MN Agenda Information Memo May 19, 1998 Eagan City Council Meeting C. TREE CONTRACTOR LICENSE FOR•SHERWOOD TREE ACTION TO BE CONSIDERED: To approve a tree contractor license for Sherwood Tree as presented. FACTS: • The City isin receipt of atree contractor license application from Sherwood Tree operating out of Lakeville. • The application has been reviewed by staff and is in order for consideration by the Council. ATTACHMENTS: • Application attached without page number. 13 Agenda Information Memo May 19, 1995 Eagan City Council Meeting D. CONSTRUCTION/DEMOLITION DEBRIS HAULER LICENSE AFFORDABLE CONTAINER SERVICE ACTION TO BE CONSIDERED: To approve a construction/demolition debris hauling license for Affordable Container Service as presented. FACTS: The Cite is in receipt of an application from Affordable Container Service. The application has been reviewed by staff and is in order for consideration by the Council. ATTACHMENTS: • Application enclosed without page number. N Agenda Information Memo May 19, 1998 Eagan City Council Meeting E. PROCLAMATION OBSERVING PAUSE FOR THE PLEDGE OF ALLEGIANCE ON JUNE 14 AT 6.00 P.M. ACTION TO BE CONSIDERED: To proclaim June 14, 1998 at 6:00 p.m. to be a time to "Pause for the Pledge of Allegiance" in the City of Eagan. FACTS: The City is in receipt of correspondence from the National League of Cities requesting Eagan proclaim 6:00 p.m. on Sunday, June 14, Flag Day, as the 'Pause for the Pledge of Allegiance." ATTACHMENTS: • Proclamation on paee z,6 • NLC Correspondence on pages /? through U 1-50� PROCLAMATION CITY OF EAGAN ANNUAL NATIONAL PAUSE FOR THE PLEDGE OF ALLEGIANCE TO THE FLAG National Flag Day — June 14, 1998 WHEREAS, by Act of Congress of the United States dated June 14, 1777, the first official Flag of the United States was adopted; and WHEREAS, by Act of Congress dated August 3, 1949, June 14 of each year was Designated "NATIONAL FLAG DAY'; and WHEREAS, the Congress has requested the President to issue annually a proclamation designating the week in which June 14 occurs as "NATIONAL FLAG WEEK'; and WHEREAS, on December 8, 1992, the National Flag Day Foundation was chartered to conduct educational programs and to encourage all Americans to PAUSE FOR THE PLEDGE OF ALLEGIANCE as part of the celebration of National Flag Day throughout the nation; and WHEREAS, by Act of Congress, dated June 20, 1985, Public Lay 99-54 was passed to have the PAUSE FOR THE PLEDGE OF ALLEGIANCE as pan of the celebration of National Flag Day throughout the nation; and WHEREAS, Flag Day celebrates our nation's symbol of unity, a democracy in a republic, and stands for our country's devotion to freedom to the rule of all, and to equal rights for all; NONN, THEREFORE, the Eagan City Council hereby proclaims 6:00 p.m. CDT on June 14, 1998 to be the observance of the PAUSE FOR THE PLEDGE OF ALLEGIANCE TO THE Flag and urge all citizens of Eagan to join all Americans at that time in reciting the Pledge of Allegiance to the Flag of the United States of America. Motion made by: CITY OF EAGAN' CITY COUNCIL Seconded by: By: Those in favor: Its Mayor Those against: Attest: Its Clerk Dated: 16 CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing proclamation was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19`h day of May, 1995. E. J. VanOverbeke, City Clerk City of Eagan National 1301 Pennsylvania Avenue N.W. Officers C.J� �l! � ION 17701 IOrU Logue Washington, D.C. Peasantry of 20004.1763 Brian J 0 Neal mper Pmlacelpna Penrti":apa Cities (202)626.3000 Council"I Fall' (202) 626-3043 Fast trice P,..,mr Cbrence E Amhony WwV!nl[.Org stay. SwIl Bat Ebrga Seton. Lxe poldemt April 27, 1998 Baann"a Maym tvcmta I.M.., Immmare pair gea.ea Lfar'. StnsanJ Cdarc, ktema<r 0.14pic a Ce, 0-M-ama Dear Mayor: E..:.1r.. Dmraa Donald J Borot I am writing this letter to our nation's municipal leaders to encourage you to lead your community on Sunday, June 14, in the 19th annual national "Pause for the Pledge of Allegiance" as part of Flag Day observances throughout the United States. Like Independence Hall and the Liberty Bell, the American flag is a universal symbol of the enduring national unity and spirit of the American people. Whether flying atop the White House or the Capitol, outside a City Hall, inside a school auditorium, or from the front porch of a neighborhood home, our flag signifies the freedom and opportunities we all enjoy. The Pledge of Allegiance has become a way for all Americans to celebrate and affirm our heritage; it is a statement of our shared beliefs and aspirations. The "Pause for the Pledge of Allegiance" is a call for Americans everywhere — regardless of age, race, religion, national origin, geographic or political differences — to join in reciting the Pledge of Allegiance at 7 p.m. EDT on Flag Day. The ceremony was conceived in 1980 by the National Flag Day Foundation in Baltimore and has become an annual event since then. It has gained widespread support from the Presi- dent and Congress, from state and local leaders, and civic, business, service, veterans and educational groups nationwide. The "Pause for the Pledge of Allegiance" was made an official Flag Day ceremony by an Act of Congress in 1985. The national ceremony will again be held at Fort McHenry in Baltimore, where Francis Scott Key saw our young nation's flag flying -during the War of 1812 — above the ramparts, by the dawn's early light — inspir- ing him to write about "The Star Spangled Banner" in words that became our national anthem. President Clinton has been invited to lead this year's "Pause for the Pledge of Allegiance" from the White House. In its effort to spread the word about Flag Day and the "Pause for the Pledge of Allegiance," the National Flag Day Foundation has assembled a useful set of information and resources that can be downloaded from their Internet website: ww-r.flagday.org. The materials include a sample proclamation, information about organizing events in your community, historical and educational materials, and other suggestions. The enclosed request form can also be sent or faxed to the Foundation's offices in Baltimore to obtain information. Help your citizens become part of this brief but powerful expression of national solidarity and fellowship. Join in the "Pause for the Pledge of Allegiance" on Flag Day. Sincerely, Q �p Brian J. O'Neill, President Councilman Philadelphia, Pennsylvania enclosure Pada Prniornls' Glands E NpoC Lara 01manao Florida - $harp* James. Mayor Naar• No* Jersey ' Gregory Lnnptaa. Ua Tar Cowmaus Omo • Cal y Reynolds. Cap CC nee P -ea ae„t Cenral Cack"zo' Directors; Floyd Adams. Jr., Ma,r Sawnna]. Gee•Ca - Par it afternoon, Covne+man tis Vegas ur.aCa • E. N. AMOodeu. Mayor Pro Tem RK STmgs tlortn Ca•wd - John 6. Andras, E•ecuwe D•ttvol rteA Namaanne r funcraai Aasatufgn • Dan... W, Archer. 1.4d, Detroit Ln�.rpan - Sharon Sayles Belton. llayor Lemonors M.nnesata • George elact.coa. Jr_ Marna pro TO, ,4raas Car L'+aaour, Thomas G. Bnda.rp. E+*e.9.e D recto, fad League of Gun - George A. Brown, Jr.. Counco,raFir Le•mgion.Fayene v.era,io Susan J. Cave. ,.,C."*d•eCtm Onrp ::u Kroat ague Mary Clark. Counobvmx• Cancer, Swim Carotri • Frans Clinton, bUyd...'s IRnds • Nal Dead 1A.M Dgay Y.e.riaY • a.m. omo.ma. Jr. caro• NO, 4,.en Co^nerncat - Sue Donaldson. Cwnc up emoer Sao,,, waanmg:on - Thomas Duane. Cwr0memu. Ne. kor•. No, viz. ' Jerry Dunn. 1.4)w Solo • Teas • Howard E. DuwII,Jr..E•ew,e Dm,11or'funic.”: NF%uf9n o! Salm Carlen • Gene Footman, Apri n Epsilon Ibmaa' William EFWginiti, Eratutr.e Greetor New LYr2p rtun'Ci:al Lea-., John Garner• Jr.. Eueccu•e Dneua pemsyf.anu League of Cir., and rbmoaalaea • Nail G. Giuliano. lAayw Temoe Arizona • Theme& J. Grady. Erocuu.e Grotto, Neraca Logue.' Cron Vamr Nonanau. Counnme::Y t"acc'• Teen • Pat., J. Niuura. mayor EaI OPM Going • Patricia Locaprood . M:: -ligan - Jack Lynch, Chat E•etun.e Bwfe L's:au Lord.A Morton. L:Sror ta.uooe ChNrada • Joe Sturdy, ASSe^..•Jryron AmCnaraga A:u•a - Jenny Oropeia, Cou cpim.n. , Long Beach CaYorma - Mary C. Ppu. 6faym Pro Tem Divas Teras - Smalu 5aral.'s urrc+memaer El Centro Camomu Wrjori*B. Schramm. h+aye n...00a las1ftn • Elicit Smmh,Camad PreS•aml JaCksorvee F1d•rda • Barry Smith•MayCr Green•odo lAssdasp Oanial M. 5war, layer 00asa Tennessee Connie Snryn zyntys. E•ecuop< Grector Nonn Depot& League or Ca,es • Lours* M. Sluc+ aynorn, Conworna- vmg,ma 13.. ^- V, Tammy v SMm. r:Jyd' JAC•F4.de Prances • Jack L. Valencia, Jr.. Courcy, Los Cruces New Mr,to 40111100 Pad*' /di NATIONALFLAG DAY FOUNDATION, INC. 418 South Broadual' tic Baltimore, Man'land 21231 * (410) 363 -FLAG * F.4\ (410) 342.8663 Miller) Rodham Clinton Dear Mayor: Honorary A'aocncf Choir April, 1998 Pamr for rhe Pirdgr ¢Lulsianrr Program On behalf of the National Flag Day Foundation Board Members and the many volun- teers of the Foundation, I express our gratitude to you, your City Council Members; Chairman and the citizens of your community for participating. in the Foundation's. 39th annual Mtn ry A.man Rosenberg.) r. National PAUSE FOR THE PLEDGE OF ATI.EGIANCE program of national unity. Chairman e: the Board P $ Cra-m Cen:nl Petroleum Pruidrnt&icundn Your President, Brian O'Neill. has described the Foundation's program vary well. in his --Eouis V. Koerber Chilnsn leder to"the League of Cities' Members. The National Flag Day'Foundation and the Budikes Pilae. to:. National League of Cities are joining hands as partners for the 16th year to honor our iiu Pru idem Nation and our Flag on Flag Day, June 14. Richard M. Patterson. The National Fla Day Foundation thanks you for our leadership as you help us $ Y Y P Y P CLC. ChFC Pannership Financial Senicts tare ask your support and cooperation in these specific ways: Trmsurrr nation. Ane E. Quirk - Please send us a copy of your letter to President Ciin[on urging him to lead all Vice Prm em Fim \niwa. Ezn of );r.•and Americans:in the 19th annual. National PAUSE FOR THE PLEDGE OF AT VEGIANCE Fanner Channin, loini Chills on Flag Day, June 14. Jrrrrmrc George E. Thomsen. Esq. Th:mserS Bu:ke - In }our'press release, please encourage gjj of your citizens to PAUSE FOR TILE awfau PLEDGE'.OF ALLEGIANCE wherever they'are at 7:00 p.m. EDT. Only their imagina- George V. McGowan Chaff.min. Executive Commmee tion limits what they can do to encourage additional participation. Biltimere Gas k Elecuic Co. James McManus (McK21) - After Flag„Day, please send copies of Proclamation and copies of local media Spam Commeaworgoumolist ABC ielmsienSehrork coverage you have received. Jolie Mercer M2n2g1hg P61np11 - Please use your Internet address listed below to obtain your 1998 Flag Day program Columbia Consulung Group materials. Larl.S. Richardson, Ed.D. Presi Marian' )lorgar, Sure Cniursi¢ The National Fla Day Foundation thanks you for our leadership as you help us $ Y Y P Y P Brooks. Robinson "Pass the Baton of Patriotism” to the youth of America. They truly are the future of our Bactill Fill of Fame nation. General John R'. Vessel; Jr., [°SA (Rt;J Sincerely, Fanner Channin, loini Chills of Staff. the Pentagon Alan R. dalden Neal Anchor Louis V. Koerber Look for us on the Internet TBAL-Radio President and Founder http://vswwr.flagday.org. Directors Emma: Merben E. It ion. Esq. Dr. Milton S. Eisenhower (1899.1965) /9 (over. please) WE WOULD LIKE TO SHARE WITH YOU INFORMATION ON ADDITIONAL EDUCATIONAL PROGRAMS OF THE NATIONAL FLAG DAY FOUNDATION, LNC. vine American Fla Since 1984 approximate]%' 3,500, 3rd. 4th. and 5th graders from public, private and home study schools in Baltimore Cin• and the surrounding counties have formed a Living American Flag in May at Fort McHenry. Francis Scott Key, Mary Pickersgill and additional historic characters in period clothing engage with the students about their place and period in history in the 1800's. "21 Days to Honor America" The L°sited States Congress dedicated the period from Flag Day, June 14th through Independence Day, July 4th. as "21 Days to Honor America" (89 STAT.211). Our goal is to see authentic reproductions of the historic Star-Spangled Banner flag fly on all government. businesses; civic and service organizations and private flagpoles within Baltimore City during those official 21 days. u'e. of course, welcome others throughout the Country to participate. Man -land's Salute to Flap, Day Program Maryland's Secretary of State and its State Department of Education join the National Flag Day Founda- tion in Annapolis to honor outstanding high school students from Baltimore City and each of Maryland's counties. Each local school Superintendent selects a student from a junior class based on acaderr c standing. participation in school activities and involvement in community service. Students carry their county or circ flags in a colorful parade followed b}a prominent state official speaker; distribution of awards. tour and a luncheon in their honor. "We are pleased to announce that the Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America Inc. (SPEBSQSA), has accepted our invitation to provide music at this year's National PAUSE FOR THE PLEDGE OF AT ceremonies in communities across the country. The rich blend of male voices performing patriotic songs will be a wonderful addition to our obser- vances. Local governments can find district listing of SPEBSQSA chapters and a color logo at the SPEBSQSA web site located at vmw•.spebsgsa.org." MW Agenda Information Item MAY 19, 1998 Eagan City Council Agenda F. FINAL SUBDhN'ISION - MURPHY'FARAI 2?D ADDITION ACTION TO BE CONSIDERED: • To approve a Final Subdivision (Murphy Farm 2"d Addition) consisting of 5 lots on approximately 2 acres located on the east side of Murphy Parkway, in the NRV 1/4 of Section 21 subject to the conditions recommended by t}ie Council xvith'the preliminary subdivision. FACTS: • The City Council reviewed and approved the preliminary subdivision for Murphy Farm 2nd Addition at their regular meeting on November 3, 1997. • Final plans, development contracts, and financial guarantees are in order. ATTACHMENTS: Final plat drawing, pagepll Is MURPHY FARM 2ND ADDITION A- SHEET L OF 7- HFI CI SHEET L OF 7- HFI Agenda Information Memo May 19, 1998 Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve a recommendation by the Airport Relations ,Commission that the City of Eagan requests an extension of the comment period from June 15 to June 17 for public comment regarding the final environmental impact statement for the expansion of the airport under the dual track airport planning process. FACTS: The City received its copy ofthe final environmental impact statement. for the. Minneapolis St. Paul dual track airport planning process on Monday, May 11. As a consequence, it was not possible for a review of the item to be completed in time for the Airport Relations Commission'meeting,of May 12. While the 30 day, comment period between May 15 and June 15, 1998 spans two City Council meetings, it was the Commission's request that it be given an opportunity at its meeting of June 9 to prepare a recommendation for Council consideration on June 16. • If the request is not approved, staff will prepare an evaluation and draft comments for City Council consideration at its meeting of June 2. ATTACHMENTS: • MAC and FAA correspondence on page a3 aAIRPORTS DISTRICT OFFICE U.S.Deportment 6020 28th Avenue South, 11102 oflmnsportoton Minneapolis, Minnesota 55450-2706 Federal Aviation May 8, 1998 Administration TO: Interested Persons and Agencies FROM: Franklin D. Benson—Manager, Airports District Office; Federal Aviation Administration Nigel D. Finney—Deputy Executive Director, Planning and Environment; Metropolitan Airports Commission DATE: May 7, 1998 SUBJECT: Final Environmental Impact Statement (FEIS) Minneapolis -St. Paul International Airport Hennepin County, Minnesota Enclosed for your review is the Final Environmental Impact Statement (FEIS) for the Minneapolis -St. Paul Dual Track Airport Planning Process. The Federal Aviation Administration (FAA) and the Metropolitan Airports Commission (MAC) have jointly prepared the FEIS on the potential effects of the addition of a new 8,000 -foot runway and other improvements at the Minneapolis -St. Paul International Airport (MSP). The HIS also summarizes and references the FAA's Section 409 Evaluation on the project's anticipated impacts on historic and archaeological resources and, in pacticular, on the Minnesota Valley National Wildlife Refuge. The FAA's Section 4(f) Evaluation, a separate document, was sent to federal, state and local agencies, and to interested parties on May 1, 1998. The review period for the Section 4(f) Evaluation is May 1, 1998, through June 30, 1998. The FAA is responsible for assuring the FEIS complies with all applicable federal requirements and the MAC is responsible for assuring the HIS complies with all applicable state requirements. The Minnesota En irorunental Quality Board will make the Determination of Adequacy for the state, while the FAA findings on the federal actions will be made in its Record of Decision. The review period for the FEIS is May 15, 1998, through June 15, 1998. - Written comments on the HIS will be accepted until the close of business on June 15, 1998, and may be directed to: Ms. Jenn Unruh Metropolitan Airports Commission 6040 2V' Avenue South Minneapolis, MN 55450 The MAC will be receiving all comments on behalf of the MAC and the FAA. Additional copies of the referenced environmental documents are available upon request. Contact Jenn Unruh, MAC, at (612) 726-8189. Q_ y Agenda Information Memo May 19, 1998 • :Dl • "Mels X0 I P1 ACTION TO BE CONSIDERED: To approve the plans for Contract 98-13 (McKee Addition Street Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, June 11, 1998. FACTS: Contract 98-13 provides for the reconstruction of the bituminous streets and improvements to the storm sewer within McKee Addition as outlined and discussed in the feasibility report for Project 733. On April 21, 1998, the City Council held a Public Hearing for Project 733. After hearing comments from some of the affected property owners within the McKee Addition Neighborhood, the council approved the project and authorized the preparation of detail plans and specifications under a contract. The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. 0 Agenda Information Memo May 19, 1998 I��:Zi11l�I�iI�3rII1 � � : ► t ACTION TO BE CONSIDERED: To receive the feasibility report for Project 734 (Town Centre 100 Sidewalk Improvements) and schedule a public hearing to be held on June 16, 1998. FACTS: In fall 1997, City staff received a request from the Dakota County HRA requesting the City Council to initiate a public improvement to provide for the extension and completion of the sidewalk system within the Town Centre 100 development. On December 16, 1997, the City Council directed staff to prepare a feasibility report considering sidewalk improvements within the Town Centre 100 area. This feasibility report has been completed and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. Agenda Information Memo May 19, 1998 Oki 21 go WNRIJ 9 1 a Isla 10 1 asiv 3101310 &1 ACTION TO BE CONSIDERED: To receive the feasibility report for Project 742 (Wescott Hill Drive Street & Utility Improvements) and schedule a public hearing to be held on June 16, 1998. FACTS: On April 21, 1998, as part of consideration of the Royal Oaks Addition preliminary subdivision and in response to a petition from residents along Wescott Hills Drive, the City Council directed staff to prepare a feasibility report considering street and utility improvements within Wescott Hills Drive south of Yankee Doodle Road. This feasibility report has been completed and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. ATTACHMENTS: Draft Feasibility Report will be included with the Additional Information Packet on Monday. Agenda Information Memo May 19, 1998 1 ACTION TO BE CONSIDERED: To receive the feasibility report for Project 738 (Rocky Lane - Street & Utility Improvements) and schedule a public hearing to be held on June 16, 1998. FACTS: • The addition of a second sheet of ice to the Civic Arena has created the need for additional parking. • On April 21, 1998, the City Council directed staff to prepare a feasibility report considering street, utility, and parking lot improvements to provide the needed parking area and improved access (Rocky Lane) for the Civic Arena. • This feasibility report has been completed and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. Agenda Information Memo May 19, 1998 ��:Zi1fI�•JI • � � • ACTION TO BE CONSIDERED: To receive the feasibility report for Project 737 (Jubilation Addition - Utility Improvements) and schedule a public hearing to be held on June 16, 1998. FACTS: • Inver Grove Heights has approved a preliminary subdivision for a mixed-use commercial/residential development located along the east side of Highway 3 at the intersection of Diffley Road. • Inver Grove Heights has petitioned the City of Eagan to extend the required utilities to the development in accordance with the 1997 Joint Powers Agreement. • On March 2, 1998, the City Council directed staff to prepare a feasibility report considering sanitary sewer and water service improvements extending to the proposed development. • This feasibility report has been completed and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. ATTACHMENTS: • Draft Feasibility Report will be included with the Additional Information Packet on Monday. Z)9 Agenda Information Memo May 19, 1998 low : :I. O I� ACTION TO BE CONSIDERED: To receive the petition to vacate a portion of public right-of-way, Rusten Road, and schedule a public hearing to be held on June 16, 1998. FACTS: • City staff has received a petition by the Developer of the proposed Deer Rest Pond development to vacate excess Rusten Road right-of-way. • The City currently has 84.5 feet of right-of-way along the northerly 143.84 feet of Rusten Road and 60 feet of right-of-way from a point south of the proposed subdivision to Storland Road. • The Developer needs the additional property from the vacation in order to meet the City's minimum subdivision requirements for the proposed Deer Rest Pond. • As a part of the plat, City staff will review development proposals to ensure that all right-of-way and easement needs are dedicated. ATTACHMENTS: • Location map; page 3—L�. • Legal description graphic, pages �Q and,33 30 -VY;: IAIRN.�,'Vll. L C I ogv moc O mcom X C: CD 0 10 03 m z D -VY;: IAIRN.�,'Vll. L C I BOLTON 81- M E= -N K Consulting Engineers & Surveyors 1515 East Highway 13 • Burnsville. MN 55337-6857 Phone (612) 890-0509 . FAX (612) 890-8065 PROPOSED RIGHT OF WAY VACATION All that part of Ruston Road described as follows: I NC_ Commencing at the Northeast Comer of Lot 7, Block 1, SLATER ACRES, according to the plot thereof on file and of record in the office of the County Recorder, Dakota County. Minnesota; thence South 00 degrees 27 minutes 46 seconds West assumed bearing along the east line of said SLATERS ACRES a distance of 117.55 feet to the Northwest comer of Rusten Road and the point of beginning; thence South 43 degrees 01 minutes 27 seconds East a distance of 20.81 feet; thence along a nontangential curve concave to the east having o radius of 55.00 feet, a central angle of 28 degrees 03 minutes 06 seconds, on arc length of 26.93 feet, a chord bearing of South 32 degrees 57 minutes 00 seconds West and a chord distance of 26.66 feet to the east line of said SLATER ACRES; thence North 00 degrees 27 minutes 46 seconds East nontangent to said curve and along the the east line of said SLATER ACRES a distance of 37.58 feet to the point of beginning. AND All that part of Rusten Road described as follows: Commencing at the Northeast Corner of Lot 7, Block 1, SLATER ACRES, according to the plat thereof on file and of record in the office of the County Recorder, Dakota County, Minnesota; thence South 00 degrees 27 minutes 46 seconds West assumed bearing along the east line of said SLATER ACRES a distance of 189.97 feet to the point of beginning; thence Southeasteriy along a nontangential curve concave to the northeast having a rodius of 55.00 feet, a central angle of 50 degrees 53 minutes 49 seconds, on arc length of 48.86 feet, a chord bearing of South 21 degrees 06 minutes 15 seconds East and a chord distance of 47.27 feet; thence South 00 degrees 13 minutes 12 seconds East nontangential to said curve a distance of 143.64 feet; thence North 89 degrees 32 minutes 14 seconds West a distance of 34.50 feet to the southerly extension of the east line of said SLATERS ACRES; thence North 00 degrees 27 minutes 47 seconds East along the east line of SLATER ACRES and its southerly extension a distance of 177.88 feet to the point of beginning. M MANKATO, MN FAIRMONT, MN SLEEPY EYE. MN BURNSVILLE, MN AMES, IA LIBERTY, M v h U OSED LOT 3 I / pJ / 09 4, / DEDICATED RUS N ROAD7-- PROPOSED LOT 4 0 'I. 5 'PROPOSED VACATED RUSTEN ROAD 1 i 0 I'_ Jh.'`to s $hF)N O'i iQmV 1 i V 3 1 15 city of eagan pff PUBLIC SITE MAP WORKS3- DEPARTMENT L; Agenda Information Memo May 19, 1998 ACTION TO BE CONSIDERED: To receive the petition to vacate a portion of public right-of-way, including Cedar Street ana Trails End Road, and schedule a public hearing to be held on June 16, 1998. FACTS: • On February 18, 1998, City staff received a petition from Mike Black representing Royal Oaks, the developer of Royal Oaks subdivision, requesting the vacation of right-of-way associated with the proposed plat. • All utilities and access rights within the right-of-way to be vacated are either unnecessary or will be covered by public right-of-way and easements to be dedicated on the final plat of Royal Oaks. • The purpose of this vacation is to remove all unnecessary right-of-way to avoid future title problems. The current right-of-way is not compatible with the proposed development. • As a part of the Royal Oaks platting process, City staff will review development proposals to ensure that all right-of-way and easement needs are dedicated. ATTACHMENTS: • Location Map, page YS� • Easement Vacation Maps, pages and32 3Y -i� W Y YANKEE DOODLE ROAO LIE D. -- -- - -- ------ SCOT S0. -- Z-- WIO ry`9•� OR. CARR/AGE HILLS zi WESCOTT NO z• GOLF COURSE TRAIL I COLFVIEW O T. NY CT. _� I -EARY PARK � OAKS T R, i oPROPOSED VACATION i C.) o O' P tW000 TR. p BLUE ✓4� 3I �4PC7. AT OAK LAND U D y I CT C3 GREAT OAK > O LN. LANO WOOD DUCKWOOD DR.- - - - BETTY�O - !4� - rn I � JAY WA U FALCON WAY > I Y al I4l �n city of agan PUBLIC WORKS DEPARTMENT a 3 J LN. FARM z J U T ".J WESCOTT ROAD I I m � 0. (p 2 SECTION 14 PR GRTi OAKS 04f N ICIR. 'O! ELRENE ARBOR • CT.� CT. )OVERLOOK PU. SOU S.H. WAY HILL m J T mP �2 0 0 O � lyO S.H. SC CIR !! H Ce - �r m 3S LOCATION MAP FEB -15-:999 13:13 JNPES P. HILL. IIIC. SKETCH AND DESCRIPTION DESCRIOTIONS FCR PROFOSEC RCA.0 VACATIONS TRACT A 612 890 62a.: F.03,0z That port of the west 30.00 feet of Center Street, as plotted and dedicated in wrSCOTT GARDEN LO'•S, according to the recerdea plot thereof, Dakota County, Minnesota, which lies southerly of the center line of Cedar Street, as plotted Cnd dedicated in said olat cna northerly of the easterly extension cf the south line of Lot 1, Block 3, said plot. TRACT 8 That par' cf the south 30.00 feet of Ceicr Street, as p:cited and dedicated in WESCCTT GARDEN LOTS, according to the recorded plot thereof, Dakota County, Minnesota, which lies westerly of the-,crther.y extension of the east line of Lot 1, Block 3, said plot and easterly of the northerly extension of the west I:ne of said Lot 1. TRACT C That pert of Cedar Street, as platted and dedicated in WESCOT- f.GARDEN LOT S. according to the recorded plat thereo, Dokoo Coun,y. Minnesota, Iwester! y of :he northerly extension of the east line of Lot 2, BloCk 3, soid plat and easterly cf the northerly extension .6f the west line of said Lo'. 2. I hereby certify that this pion. specificotior or report was p'epered by me or under my direct suoervisioh and that I crn c duly ,ice^.sed Land Surveyor under the !cws of the State of Minnesota. CSD Ln e) nom: Signed this 16th day of Fetrucry, 1998. For: James R. Hill, Inc. 8Y------------ --------------- - - - - -- Randy M. Morton. Land Surveyo•, -cense No. 21401 y V Hill, inc. PLANNERS / 2500 W. C1'. RD 42 • I C V O ADS : I b CSD Ln e) nom: 4-' \ n `^1LID 0 0 DO 36 James R. Hill, inc. PLANNERS / 2500 W. C1'. RD 42 • ENGINEERS / SURVEYORS BIJFNSVILLE, MN. 5533? • 617-890-GC44 FEB -16-1999 13:1_ JAPES P HILL. VK. 612 690 6_a.: P.cc:0.; SKETCH AND DESCRIPTION I f i NORTHERLY EX 14SION OF NORTHERLY EXTENSION OF / THE 'REST UNE OF LO' 1 / THE WEST UN: OF LCT 2 / TRAti B � � TRACT C CEDAR STREET 37.604 SF I Asn sv NORTHERLY EXTENSION OF / Ix 0 THE EAST LIME OF LOT 2 CENTER LINE OF CEDAR STFE_T ' / NORTHERLY EXTENSION OF J THE EAST UNE OF LOT 1 —1 n- 2f F- _ LOT wi U F- FLOCK 3 U H O - TRACT A N U LO � W I� EASTERLY EXTENSION OF � 0 W THE SOUTH UNE OF LOT 1 (, i 1 I � I Scale: 1"=200' Page 2 of 2 James R. Hill, Inc. Agenda Information Memo May 19, 1998 • • • ACTION TO BE CONSIDERED: To approve the plans for Contract 98-12 (Family Aquatic Facility — Grading and Utility Improvements) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, June 11, 1998. To approve the plans for Contract 98-14 (Family Aquatic Facility— Site Clearing and Grubbing) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Monday, June 1, 1998. FACTS: Contract 98-12 provides for the grading of the aquatic facility site and construction of the parking lots and utility improvements to serve the proposed family aquatic facility. Contract 98-14 provides for the clearing and grubbing of the aquatic facility site to prepare for the site grading. The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. WAR Agenda Information Memo May 19, 1998 Eagan Cit' Council Meeting ACTION TO BE CONSIDERED: Approve the 3rd and Final Payment for Contract 97- 04 (Cliff Rd. Water Treatment Facility — Standby Generator) in the amount of $13,000 to Gerhart Electric and authorize acceptance for perpetual maintenance subject to appropriate warranty provisions. FACTS: • Contract 97-04 provided for the acquisition and installation of a 750 Killoxvatt Standby Generator at the Cliff Rd. Water Treatment Facility. • The contract was managed by Dakota Energy Alternatives, Inc., (DEAI) who have certified that the work was completed in accordance with the Cit' Plans and Specifications. • All inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. .� 9 Agenda Information Memo May 19, 1995 Eagan City Council Meeting O. RECOI INIENDATION, AIRPORT RELATIONS COMMISSION, EAGAN/A'IENDOTA HEIGHTS CORRIDOR REVIEW ISSUES ACTION TO BE CONSIDERED: To approve a recommendation by the Airport Relations Commission to forward comments to the Metropolitan Aircraft Sound Abatement Council concerning issues to be addressed in the MASAC review of corridor issues. FACTS: The City of Eagan has a long-time commitment to the maintenance of commercial and industrial land uses in the northern part of the City to absorb noise impacts from operations at the Minneapolis St. Paul International Airport. The City views it as an obligation to the MAC and FAA to maintain procedures that will make the best use of that area and minimize noise impacts outside of it. During the mitigation discussions following the dual track planning process decision, mayors of the affected communities met and developed a list of eight issues to be addressed to minimize the impacts of the airport expanding its current site. Among those was a requirement that the MAC analyze the use and effectiveness of the Eagan/Mendota Heights corridor. The Metropolitan Aircraft Sound Abatement Council (MASAC) has identified this as one of its work program issues for 1995. At its meeting of May 12, the Airport Relations Commission discussed the MASAC review and recommended the following list of issues to be considered in that review: Corridor compliance --Maintain operations between runway centerline and 95 degrees. 0 Altitude Analysis --One mile increments from runway to the Inver Grove Heights boundary on the east, Mendota Heights boundary on the north and Eagan on the south and the west. 0 Analysis of operations' consequences from runway redesignation to 10/30. 0 Modification of head-to-head procedures to eliminate need for departures to diverge. Feasibility of standard instrument departure to narrow operations. 0 Non -simultaneous departure procedure analysis. 0 Desirable flight tracks for geographic positioning systems. 0 Potential use of navigational aids for improved compliance prior to GPS. 0 Reconsider best departure profile for corridor operations. ,�/o Agenda Information Memo May 19, 1995 Eagan City Council Meeting R. RECOMMENDATION, AIRPORT RELATIONS COMMISSION, SITING CRITERIA ADDITIONAL REMOTE AUT011ATED NOISE MONITORS ACTION TO BE CONSIDERED: To approve a recommendation by the Airport Relations Commission supporting the siting of additional remote automated noise monitors within the City of Eagan. FACTS: In 1991, the Metropolitan Airports Commission installed an automated noise and operations monitoring system (ANOMS) consisting of 24 remote noise monitoring stations distributed throughout the communities surrounding the airport. This system of monitors is connected with computer hardware and software that correlates noise events with aircraft overflights through radar data provided by the Federal Aviation Administration. As a part of the mitigation discussions associated with the expansion of the airport at its current site, one of the recommendations from mayors surrounding the airport was to consider the expansion of the ANOMS system to provide better coverage of noise impacts and to provide coverage for the future north south runway. • MAC staff has prepared an analysis of siting alternatives and areas of lower coverage within the existing monitor system. They have identified five additional remote monitoring station sites, one of which is in the City of Eagan and another which will be near the boundaries of Eagan, Inver Grove Heights, Sunfish Lake and Mendota Heights. This information was reviewed by the Airport Relations Commission at its meeting of May 12. The Commission is recommending that the City support the additional siting locations based upon the MAC analysis. It is further recommending that a specific site be selected within the proposed monitor site #25 that would provide better coverage of corridor excursions. No specific recommendation is made with respect to potential monitor site 426 other than that the location optimize coverage for the middle of the corridor regardless of the specific location chosen. ATTACHMENTS: • MAC staff memorandum on pages �-A— through -9yw—. 1// MASAC OPERATIONS COMMITTEE MEMORANDUM TO: MASAC Operations Committee FROM: Roy Fuhrmann, Technical Advisor SUBJECT: Additional Remote Monitoring Tower Locations DATE: May 1, 1998 MASAC At the April 17, 1998. MASAC Operations Comminee meeting. MAC staff again briefed the Operations Committee on proposed locations for the placement of additional Remote Monitoring Towers as identified in the Noise Mitigation Program report of November 1996. A complete outline of the procedure will be discussed with the following basic methodology: 1. Use a two mile buffer around the Year 2005 DNL 60 contour, to incorporate the vast majority of existing R IT sites and focus on the areas most likely to be impacted by MSP operations. 2. Anatyze the lan8use within each community to locate the site to provide coverage in areas that are predominately residential use. 3. Overlay aircraft overflight data from one week out of each quarter to resolve seasonality differences and attempt to locate the RMT in an area most beneficial to monitor existing and future aircraft jet operations. 4. Determination of the number of RMT buffer areas that each flight track penetrates. This analysis is used to minimize the number of flight tracks that do not go through the defined RMT buffer areas. Assumptions for Additional RMTs 5. Coverage for each RMT is equal to or greater than the distance to the next closest RMT. 6. Locating additional RMTs closer than the current next closest RMT will not increase accuracy or noise monitoring integrity. 7. The existing RMT noise monitoring coverage area is significantly larger than the distance to the next closest RMT. Determination of RMT siting buffer area 8. Given the above assumptions, the size of the RMT buffer area was determined. by using the mean distance from one RMT to the next closest RMT which is 6208.6 feet. 9. One half of the mean distance is 3104.3 feet. which is used to create a buffer area radius since each RMT would cover at least one half of the distance to the next RMT. 10. with the above RMT buffer size. 715E of the existing twenty four RMT locations are within one standard deviation of the mean. 11. Additionally. 925E of the existing twenty four RMT locations are within two standard deviations of the mean. The original siting methodology used the following criteria: 12. Must be located within 100 feet of electrical power 13. Must be located on public property 14. Located to monitor the majority of operations at MSP. This process was refined multiple times to account for both arrival and departure operations. The arrival paths as well as proposed and existing departure paths were considered during the siting of the original 24 sites. Proposed Action for May 8, 1998 Included with this mailing are the individual community landuses for each proposed location and an overall airport system map displaying all of the RMTs. The proposed locations for sites 27, 28, and 29 are within single family residential neighborhoods and should be relatively easy for the respective cities to select a public property location. However, the proposed locations for sites 25 and 26 may require further discussion. Staff requests representatives from the cities of Eagan and Mendota Heights to carejullY evaluate the potential locations that will best serve the airport communirv. c�3 Page 2 Premed Solutions Current Sites r RMT 0.5 0 0.5 1 Miles 10011; �.' RMT 25 Site No landtns Asalpnsd SbV* Famly Muklpla Family Spaded Vaa A c mmardal k,dusatd AgftuM"f Wity 6 Trwmpo"lan Vacam Psk A ilacraa"an 0 500 Feet LMAC '::' m RMT 26 Site No Larkitr" Assig wd S" Fwnitf MUNIPID FMIPY spedid the Commwclal hxkmbrim AWkLftxal tRARy A TranWo Ion vwwq Perk & Recrestbn 0 SW Feet �1 .MAC' Agenda Information Memo May 19, 1998 Eagan City Council Meeting S. RECOMiitEND4TION AIRPORT RELATION'S CONI'IISSION RESOLUTION CALLING FOR THE LIMITATION OF ADDITIONAL FLIGHT TRACKS DURING THE SOUTH PARALLEL RUNWAY CONSTRUCTION PROJECT ACTION TO BE CONSIDERED: To approve a recommendation by the Airport Relations Commission calling upon the Metropolitan Airports Commission and the Federal Aviation Administration to prohibit the use of flight tracks south of runway centerline from the parallel runways, to limit the aggressiveness of east, southeast and southbound turns from Runway 4/22, to provide flight track data regarding early turnouts from the parallel runways and to hold an informational meeting for Eagan residential areas exposed to unusual flight tracks as a consequence of the runway construction. FACTS: • The Metropolitan Airports Commission is in the process of reconstructing the western one- third of the south parallel runway at Minneapolis St. Paul International Airport. The construction project is anticipated to run from early April to mid-August of 1998. During the construction, the remaining 6,000 feet of the south parallel can only be used for arrivals and departures of smaller aircraft. The remainder of the aircraft, representing about 160 operations per day, are being shifted to the crosswind runway, Runway 4/22, that lies between St. Paul and Bloomington and Richfield. • Operations on that runway that have east, southeast or southbound destination points are turning over residential areas of Eagan that typically are not exposed to aircraft operations at loxv altitudes and high frequencies. While newspaper and newsletter articles have been distributed concerning this matter earlier this spring, residents have begun to express concerns since the construction activity has begun. In addition to telephone comments, a number of residents from the Cedar Grove and Blackhawk Lake neighborhoods attended the Airport Relations Commission meeting on May 12 to express their concerns. • The Airport Relations Commission has placed this item on their June agenda for further discussion of additional alternatives. In response to the neighbors' concerns, however, initial comments in this regard are being forwarded for Council consideration. • In addition to increased activity on Runway 4/22, it would appear from staff and public observations that aircraft are being turned significantly south of the noise compatible corridor at the same time. Such a modification of corridor procedures was not indicated as a possibility by the MAC and would appear to have no legitimate relationship to the runway construction project. Specifically, it was the MAC'S contention that noise impacts in the neighborhood surrounding the corridor would actually decrease during the construction perlod. Agenda Information Memo May 19, 1995 Eagan City Council Meeting Among the issues that will be considered by the Commission at its June meeting will be whether to request that the MAC accelerate the installation of ANOMS noise monitors for the north south runway to capture noise events associated with Runway 4/22 as well. While the construction activity and the Runway 4/22 operations are expected to be completed by August of this year, construction of the east end of the same runway in 1999 will result in similar operations for a similar period of time. Residents have also begun to express concern that this experience is indicative of the impacts that will occur with the construction of the north south runway which is expected to be operational in the year 2003. ATTACHMENTS: • Resolution on pages —4— throughSD . q,F CITY OF EAGAN RESOLUTION CALLING FOR THE MITIGATION OF AIRCRAFT NOISE IMPACTS ASSOCIATED WITH THE RECONSTRUCTION OF RUNWAY 12R/30L WHEREAS, the City of Eagan borders the Minneapolis -St. Paul International Airport (MSP) and the City has taken special measures to limit the development of noise sensitive land uses in areas where aircraft overflights have been anticipated, and WHEREAS, the Metropolitan Airports Commission (MAC) has undertaken the reconstruction of the westerly one-third of Runway 12R/30L, one of the primary parallel runways at the airport, between April and August, 1998, and WHEREAS, the MAC and the Federal Aviation Administration (FAA) have coordinated the redistribution of flight operations among the remaining runways at the airport to permit continued operation of the facility during the construction activity, such redistribution placing approximately 160 additional operations per day on Runway 4/22, and WHEREAS, prior to the project's initiation, MAC staff indicated expectations that this traffic pattem would result in increased noise impacts in Bloomington and Richfield and slightly reduced noise impacts in northern Eagan, and WHEREAS, turns by operations on Runway 22 to easterly and southerly destinations overfly areas of the City of Eagan that consist of noise sensitive land uses and the occurance and impacts of overflights are in excess of that anticipated by the community, and WHEREAS, dramatic early turns to the south of the Eagan/Mendota Heights Corridor have occurred since the project began that have no apparent justification related to the runway construction project. These excursions have resulted in additional overflights of additional residential areas of the community, NOW, THEREFORE, BE IT RESOLVED that the City of Eagan calls upon the MAC and the FAA to take immediate action to eliminate excursions south of the Eagan/Mendota Heights corridor, to minimize aggressive turns to easterly and southerly destinations from Runway 4/22 and to coordinate traffic such that easterly and southerly operations occur on the parallel runways to the maximum extent possible, and BE IT FURTHER RESOLVED that the City of Eagan requests that the MAC notify the public and hold a public information meeting for neighborhoods south `t9 of the Minnesota River, similar to that held in April for Bloomington and Richfield neighborhoods for the purpose of providing clear expectations for the construction project and to respond to public questions in its regard. Motion made by: Seconded by: Those in favor: Those against: CITY OF EAGAN CITY COUNCIL Its Mayor Attest: Its Clerk CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota in a regular meeting thereof assembled this day of , 1998. E.J. VanOverbeke, City Clerk SD Agenda Information Memo May 19, 1998 Eagan City Council Meeting T. JOINT POWERS AGREEMENT AMENDMENT, ESTABLISHING THE BURNSVILLE/EAGAN TELECOMA'IUNICATIONS COMMISSION AND DEFINING ITS RESPONSIBILITIES ACTION TO BE CONSIDERED: To approve an amended joint powers agreement establishing the Bumsville/Eagan Telecommunications Commission and defining its responsibilities. FACTS: The Cities of Burnsville and Eagan have operated the joint cable franchise through a joint powers agreement developed in 1983. The agreement provided the two Cities with an advisory body responsible for monitoring and enforcement of the cable television franchise. The proposed transfer of public, educational and government access responsibilities from the cable company to the Commission and the additional telecommunications responsibilities cause the existing joint powers agreement to be out of date. The amended agreement outlines the Commission's revised scope of authority and advisory responsibilities in PEG access operations, cable/telecommunications regulatory issues and activities and conforms to administrative practices and procedures. Specific objectives in the revised joint powers agreement are: 1) to clearly outline, delineate and balance the Commission's role, as both an advisory body and a watchdog of the cable franchise and PEG access; 2) to clearly outline staffs role in the administration of the joint powers agreement and related activities; 3) to update the Commission's advisory role in the area of telecommunications; 4) to ensure that the joint powers agreement is consistent with administrative practices; -5) to ensure that the document reduces any unnecessary bureaucratic processes; and 6) to provide a document that meets current and future needs of the Member Cities. • It is advisable to implement the revised joint powers agreement prior to approval of the definitive agreement for the assumption of PEG access responsibilities. ATTACHMENTS: 0 Revised joint powers agreement on pages Co2 through GL. JOINT POWERS AGREEMENT BURNSVILLE/EAGAN TELEGABLE•COMMUNICATIONS COMMISSION Joint and Cooperative Agreement Establishing the Commission to serve as a Cable and Telecommunications Advisory Body Commission f -or the Administration of thea Cable Communications System, the Public, Educational and Government Access Television Operations. and Telecommunications Activities and Issues I. PARTIES The parties to this agreement are governmental units of the State of Minnesota. This agreement is made pursuant to Minnesota Statutes Section 471.59, as amended. II. GENERAL PURPOSE The general purpose of this agreement is to establish an organization that to monitors. the operation and activities of the._Members', cable and telecommunications sy..stems; and in panisular-1 the Gable GemEntinkatiens System (System) 8f the ; to provide coordination of administration and. enforcement of the franchises of par4ies for their respective System; and to conduct such other activities authorized herein,_ Commission. III. NAME The name of the organization is the Burnsville/Eagan TeleCable Communications IV. DEFINITION OF TERMS Section 1. For the purposes of this agreement, the terms defined in this Article shall have the meanings given them. Section 2. "Commission" means the _Burnsville/E.agan,Telecommunications Commis.sion_and.its„ Board of Directors created pursuant to this agreement. Section 3. "Council" means the governing body of a Member. s� Section 4. "Franchise" means that cable communications franchise granted by the cities of Burnsville and Eagan, Minnesota. Section 5. "Grantee" means the franchised cable operator or telecommunications provider that serves the Members. Cable T -Y l+forth-Geniral-of-BurmviNe/Eagan-. Section 6. "Member" means a municipality which enters into this agreement. Section 7. "PEG" means all the activities associated with the Members' local programming activities provided on the cable television and/or telecommunications systems including the public, educational and government access channels I I: ; .Ili Section 1. The municipalities of Burnsville and Eagan, Minnesota are the ori final eligible•to-be•the-initial Members of the Commission, having first been organized as a joint powers entity in 1983. Any municipality geographically contiguous to any of these named municipalities, and served by a cable and/or telecommunications system through the same Grantee, may become a Member pursuant to the terms of this agreement. Section 2. Any municipality desiring to become a Member shall execute a copy of this agreement and conform to all requirements herein. Section-3--The-initial-Members-sha}l.be•those-Members-who-beeome Mernbers-by December -45;4993. Section 34. Municipalities desiring to become Members of the Commission -after December -45-1983-i may be admitted by an official action of each of the current Members_ councils. e-affirmative-vote-of-three-fourths{3/4).efthe-Direeters-of-the•Commission: The Members Commission may by resolution impose conditions upon the admission of additional Members. The admission of any municipality to the Commission shall not become effective for sixty (60) days following the official action of the current Members' Councils three-fourths (3/4-ymajority-voted€ the-Comrnission—During-said-sixtyiW).da-y-period-arrinitial-Member may; by--a-.m*rit-y-vote-©fits•eouneil, object••to-the-admission-ofthe-edditienal-Member; -in 2 53 which.ease the•additional-Member•shall-not-be-admitted: VI. DIRECTORS; VOTING Section 1. Each Member shall be entitled to four (4) directors to represent it on the Commission. Each director shall have one vote. Section 2. The Council of each Member shall appoint by resolution its four directors one of whom may be a Member of the Council or staff, and the other three shall be residents of the Member. A director shall serve for a term of three years, or until replaced by the Council appointing said director. provided-that–tThe commencement of such terms shall be determined at the discretion of each Member. Directors shall serve without compensation. from -the -Commission. Section 3. The Council of each Member shall appoint one alternate to the Commission, who will be responsible to attend Commission meetings and shall represent the Member in the absence of a director with the term to be determined at the discretion of the individual Members. Section 4. A vacancy in the office of director will exist for any of the reasons set forth in Minnesota Statutes Section 351.02, or upon a revocation of a director's appointment duly filed by a Member with the Commission. Vacancies shall be filled by appointment for the unexpired portion of the term of director by the Council of the Member whose position on the Board is vacant. Section 5. There shall be no voting by proxy_;-but-aNI votes must be cast by the director or the duly authorized alternate at a Commission meeting. Section 6. A majority of the directors of the Commission made up of at least two directors from each Member shall constitute a quorum, but a smaller number may adjourn from time to time. Any official action of the Commission must be authorized by an affirmative vote of a majority of .the directors present and voting,-provided-at--least--two--directors--from-each Member-have-voted-in-the.af rmative. 3 SY Section 7. Directors shall not be eligible to vote on behalf of the directors' municipality during the time said municipality is in default on any financial obligation required to support the purposes of the Commission. During the existence of such default, the vote or votes of such Member shall not be counted for the purposes of this agreement. VII. POWERS AND DUTIES OF THE COMMISSION Section 1. The powers and duties of the Commission shall be as set forth in this Article. Section 2. The Commission may take such action as it deems necessary and appropriate to accomplish the general purposes of the joint powers_agreement. Grganizatien The Commission may inelud+ag entering into contracts on behalf of the Members: when the contract or_services, have. been previously_ included within the approved annual budget..Ifthe Commission requires contracts or_services_not.pre_viously budgeted, then. the_Members will_consider._at) proval of. additional_ funding: tT.he Commission may not contract for the purchase of real estate without the prior authorization of the Members. nitinieipalities. Sheuld any Member deeide that any eentraet is required as a matter ef law t said Geaneil shall within 3 9 days ef reeeipt ef vAitten netiee ef said eentraet either appfeye e diSappFeve said eentFaet. in sueh a e at shall be deemed legally . Any purchase necessary for the Commission shall be Fnade by the Nlembef shall conform to the requirements applicable to Minnesota statutory cities. Section 3. The Commission shall review the operation and,performance._of the 4 SS Members' cable and/or telecommunications system and consider related policy issues as they pertain to the coordination. administration and enforcement undertake--all--tasks.-necessary--to coordinate;. -administer, -and --enforce of any the Franchise. o€-each..Member---pursuant--to-that authority-.and-.these-tasks--specifed--herein- The Commission will provide recommendations. to the Members for their final action. unless specific powers have been delegated herein or otherwise by the Members to the Commission Section--4:-----The--Commission•-.shall ... continually -.review -•the -operations --and performance. -of ihe.-cable.,communications.-system.-of-theMembers-and-prepare-annual-reports-on the -status -of --the ... system -€or -the -Members: --Further; .-annual..teports...shall...be...provided...to-the Minnesota Cable-Communications-Board-and-the•FCC-i€required: Section 4. It is specifically understood that each Member shall have final authority for: regarding construction plans for activities proposed under the Franchise within the corporate limits of each Member;; issues requiringed construction and street opening permits;; and inspection of all construction activity within the Member's boundaries. Section 5. In matters pertaining to cable television service rates provided by the Grantee. tThe Commission shall have full authority to serve as the Members' rate re latory body, and shall undertake all procedures necessary to maintain uniform rates and to handle applications for changes in rates, as allowed by federal and state law. for--the--services--provided by -the -Grantee: Section 6. The Commission, subject to approval from the Members, may provide for the prosecution, defense, or other participation in actions or proceedings at law in which it has an interest, and may retain counsel for that purpose. Costs-incurred-for--such-counsel-shall-be equally-shared-by-the--Members.—The-ComFnissioo--tnay-request--that-the--Members--provide adequate-sta€€-support-on-a-full-time; -part-time-or-consulting-basis-as-neoessary-to-accomplish-the purposes ... €-the-Commission:---Costs-incurred ... in. -the. -provision -.4 -such ... staff support - shall ... be shared -equally -by -the -M tubers: Section 7. The Commission may conduct such research and investigation and 5 S6 take such action as it deems necessary, including participation and appearance in proceedings of State and Federal regulatory, legislative or administrative bodies, on any matter related to or affecting cable and/or telecommunication rates, franchises, and or levels of service. Section 8. The Commission may obtain from Grantee and from any other source, such information relating to rates, costs and service levels as any Member is entitled, to obtain from Grantee or others. Section 9. The Commission may, subject to the approval of the Members, apply for and. use, and enter into agreements required in connection therewith, grants or gifts in accordance with the powers and purposes of the Commission. Accounting and administrative support associated with any such grants or gifts shall be provided by the Members and costs incurred for such services shall be equally shared by the Members. Section 10. The Commission will develop administrative operational and management policies for the Members' PEG access operations with such policies provided to Members for their final approval. From time to time as needs and situations dictate the Commission may provide PEG access policy amendment recommendations to the Members for their approval in areas affecting the PEG access operations Section. •14:--The-Members-shall-•snake-•an- annual .... €rtafleial--aceounting•-to--the Commission ... in-onder ... that ... the.-Gommission ... can ... i)repaf-,e--.it5--imrtual--budget--and ... program ... Of activities: Section 11. The Commission may delegate authority to its executive committee;: Such -delegation -of authority-shall-be-by-resolution-ofthe-Commission-end-may-be conditioned in such a manner as the Commission may determine. Section 12. The Commission will be responsible for the oversight of the public access channel. Section 13 1-2. As requested by the Members. the Commission will provide policy recommendations to the Members, in the areas of telecommunications services, activities and planning 6 S-� Section 14 13. The Commission shall adopt by-laws, which may be amended from time to time. Section 15. The Commission may take such actions which are exercise -any -other power necessary and directly related incidental to the implementation -o€ its powers and duties: specifically herein, subiect to review by the Members XIII. OFFICES Section 1. The officers of the Commission shall consist of a chair, a vice -chair and a secretary -treasurer, each of whom shall serve for a one-year term, or until replaced by action of the Commission. The by-laws will may provide for the alternation annually of the chair between directors from Burnsville and Eagan. Additionally, the vice -chair shall not represent the same municipality as the chair. Section 2. A vacancy in the office of chair, vice -chair or secretary -treasurer shall occur for any of the reasons for which a vacancy in the . office of a director shall occur. Vacancies in these offices shall be filled by the Commission for the unexpired portion of the term. Section 3. ...--The three officers shall be the executive committee. Section 4. The chair shall preside at all meetings of the Commission and the executive committee. The vice -chair shall act as chair in the absence of the chair. Section 5. _ The secretary -treasurer shall be responsible for ensuring that._keeping a record of all the proceedings of the Commission and emeoutive eefrimitte .are kept. Such written record shall routinely be filed with the Members. Section 6. The secretary -treasurer shall be responsible for the review keeping of all written and financial records of the Commission and for such other matters as shall be delegated by the Commission. Section 7. The Commission may appoint such other officers as it deems 7 Se necessary. All such officers shall be appointed from the Membership of the Commission. IX. POWERS AND DUTIES OF STAFF Section 1. The powers and duties of staff shall be set forth in this article Section 2, One or more Members may retain staff on a full-time p q -time or contractual_ basis, in. order to accomplish.the.purposes of this agreement; Section 3 The staff may perform tasks provide support and initiate activities as the Members deem necessary and appropriate to accomplish the purposes of this agreement includinguppooCort mmission, Section.4. _Staff, positions shall„include those.ap.pEQygd_by_the_r?embers_in.the Commission's and PEG access operation's annual budget The budget shall include funding necessary to provide staffing support for the administration and operations of the Commission and the PEG access operations. Section_5;_Each_Member will..provide„? staffrepresentative to_oversee.the administration of this agreement The Member's staff representative shall be determined by each Member's manager/administrator. The costs for the staff representatives shall be covered by the Member he/she represents. Section_6,.- Staff shall coordinate,_administer_and manage the Commission_and Members' PEG access operations. Staff will develop and recommend the annual budget for the Members' approval to support the PEG access operations and Commission activities Section 7. The Commission had no authority to retain staff X XI. FINANCIAL MATTERS Section 1. The fiscal year of the Commission shall be the calendar year. Section 2. Staff Tbe-Commission-shall request of the Members the expenditure of funds necessary to support the accomplishment of this agreement. its -purposes: Such funds shall be expended by the Members in accordance with the procedure established by law for the expenditure of funds by Minnesota Statutory Cities. Legal instruments shall be executed with authority of the Commission, by any two of the three officers. the -chair• -and -secretary -treasurer. Contracts shall be let in accordance with the procedures established by law for Minnesota Statutory Cities. Section 3. The -(Financial support of the Commission by the Members shall be from the five percent (5%) franchise fee, which shall be paid to the Members by the Grantee. The financial support shall be shared by the Members in an equal amount. The -Commission -shall invoice --the ... Members ... for -- all ... expenses= ... If-sue-h-expenses--are--within-the--previously-approved budget.of•the-Commission,-Members-shall--pay-the-invoices:- If the Commission determines it is necessary to expenses exceed the authority of the Commission -in --the approved budget of the Commission, the Commission may request the Members may to consider providing additional funding. by-majority-voteMember;-authorize .... payment--of--said--expenses-of--the-Commission; its-consultants;-or•contractors. f114-fFranchise fees shall must be expended by the Members for Commission---or---Member cable. telecommunications and/or other communications related activities. Prior--to-the-payment-o€-€Tane-hise•-fees-adequate-to-cover-expenses;--the-Grantee,--as-a prepayment-of-•the--initial-€ranc-hise-€ee, -shall-reimburse-{he-Members-f'or-all-cable-related expend itures--incurred... by -the -Members-and--tlte-C-omnrission..---Upon...the-first-payment--of...a franchise-fee-to-Members-which-represents--e-full-year-of-gross-revenues-of Grantee;-C-omFnission shall.-allocate-expenses--in-proportion--to-t-he--fr-ancNse-€ee-paid-to-each.-Member.—T-he-Member with-the-lowest.-proportion-of-franchise-fees-actually-paid--to-it-may-request-reimbursement-€Tom the -other .. Member--for--4-hose ... previously-equally--assessed-expenses-.---T-he--reimbur-sement--of expenses-to-tbe-Member-Teeeiving--the-lowest-proportion-of--franchise--fees-shall-be-calculated Raw utilizing-the•-assumption-that••-the.-proportionate-share-o€-expenses--of-each--Member--from•••the inception -of -this --agreement ... hes.-been••the ... ame-proportion-as... the--franchise•-€ees-paid ... to. -.each Member-after-the-first-full-year-of•gress revenues-of--Grantee- Section 4. The financial support of the PEG access operations shall be from the Members_' PEG Access Fee, which shall be paid to the Members by the Grantee All PEG access operational expenses shall be equally shared by the Members Section 54. -he-initial•-].984-budget-of-the-Commission-shall•-be-sent-to--the-•s••for their-approval-within-ninety-(90)-days•o€-the-organizational--meeting: A proposed budget for future ... calendar --years, detailing the proposed expenditures of the Commission and the PEG access operations of -all ... franchise .... fee. -revenues ... feceived--by ... both ... Members for the ensuing calendar year, shall be formulated by staff the -Commission and submitted to the Members Such budget. -shall -be for consideration as part of the Members' budget process. deemed -approved -by -a Member ..if-.no--written-comments.-.are-received.-from... a..Member••-prior-to-;September... 13: ---_Final action- aAdoptiong of the a budget for--the-ensuing-calendar-year shall be taken by the -Members: as part of their annual budget process Commission-on-or--before-November--l-ofeach-year:• Section 65. Any Member may inspect and copy the Commission books and records at all reasonable times. All books and records shall be kept in accordance with normal and accepted accounting procedures and principles use by Minnesota Statutory Cities. JCI. DURATION Section 1. The Commission shall continue for an indefinite term. The Commission may be terminated by mutual agreement of the Members at any time. Section 2. A Member may withdraw from the Commission by filing a written notice with the secretary -treasurer by October 15 of any year giving notice of withdrawal effective at the end of that calendar year; and membership shall continue until the effective date 10 6/ of the withdrawal. A notice of withdrawal may be rescinded at any time by a Member. If a Member withdraws before dissolution of the Commission, the Member shall have no claim against the assets of the Commission. Section 3. In the event of dissolution, the Member_Gernmissiea shall determine the measures necessary to effect the dissolution and shall provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this agreement. Upon dissolution of the Commission all remaining assets of the Commission, after payment of obligations, shall be distributed equally between the Members. The Commission shall continue to exist after dissolution for such period, no longer than six months, as is necessary to wind up its affairs but for no other purpose. IN WITNESS WHEREOF, the undersigned municipality has caused this agreement to be signed on its behalf this day of ATTEST: E.J. Vanoverbeke, Clerk ATTEST: , 1998. CITY OF EAGAN By: Tom Egan Its: Mayor By: Thomas L. Hedges Its: City Administrator CITY OF BURNSVILLE By: Elizabeth A. Kautz Its: Mayor Susan Olesenos, Clerk By: Greg Konat Its: City Manager Filed in the office of the Clerk of the City of this _ day of 19 19,11:4741 �I7ci•� As-amended-by--resolntion;-by-Member-cities,-Bumsville and••Eagan; on -February 5, 1991 and jamiery 16, 1991 Fespeetivel�- I 12 Agenda Information Memo May 19, 1995 Eagan City Council Meeting U. RESOLUTION, DEFINITIN'E AGREEMENT TRANSFERRING CONIMUNITY TELEVISION PROGRAMMING RESPONSIBILITIES FROM NORTH CENTRAL CABLE COMMUNICATIONS CORPORATION (dba AIEDIAONE) TO THE BURNSVILLE/EAGAN TELECOMMUNICATIONS COMMISSION ACTION TO BE CONSIDERED: To approve a resolution adopting a definitive agreement to transfer community television programming responsibilities from North Central Cable Communications Corporation to the Burnsville/Eagan Telecommunications Commission. FACTS: The Cities of Burnsville and Eagan have previously given direction to staff and the Telecommunications Commission to complete the documents necessary to implement a transfer of public, educational and government access programming from the cable company to the Cities. In March, the City Councils approved a PEG access management plan pending completion of a definitive agreement between the cable company and Member Cities. The definitive agreement implements the transfer of PEG obligations under terms of a Memorandum of Understanding adopted by the Member Cities and the company in November, 1995. It is also subject to the current and future franchise conditions. • The PEG access management plan provided for PEG operations to be transferred to the Burnsville/Eagan Telecommunications Commission. This transfer is anticipated by thejoint powers agreement, which immediately precedes this business item. Under the agreement, the date of transfer for PEG operations will be July 1. ATTACHMENTS: Definitive agreement on pages through 1-9 6� DEFINITIVE AGREEMEI\"I RESOLUTION NO. A RESOLUTION TRANSFERRING COMMUNITY TELEVISION PROGRAMMING RESPONSIBILITIES FROM NORTH CENTRAL CABLE COMMUNICATIONS CORPORATION, OWNER OF GROUP W OF BURNSVILLE/EAGAN d/b/a MEREDITH CABLE TO THE BURNSVILLE/EAGAN TELECOMNTUNICATIONS COMMISSION WHEREAS, the Cable Communications Franchise between the Group W of Burnsville/Eagan d/b/a Meredith Cable (hereinafter "Company") and the City of Eagan (hereinafter "City") requires the Company to provide and maintain certain cable television program facilities and equipment, provide certain community access channels and provide certain cable programming staff as delineated in the Franchise and Offering as defined in the Ordinance; WHEREAS, the Company and City have agreed to the divesting of all responsibility for providing the above-mentioned support for community television programming; WHEREAS, the Burnsville/Eagan Telecommunications Commission (herein after "Commission") has investigated the possibility and ramifications of assuming the responsibility for community television programming within the Burnsville/Eagan area; WHEREAS, the Commission and the Company have negotiated mutually acceptable terms to effect the transfer of the community television function from the Company to the Commission as delineated below; and WHEREAS, the City has determined such transfer to be in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED that the City agrees with Meredith Cable to the following terms and conditions effective April 1, 1998: 1. The Commission will assume all responsibility for community cable television programming required by the Franchises and pursuant to the terms of any renewal Franchise, any renewals thereof and the Offering for the Cities of Burnsville and Eagan. 2. By compliance with this Definitive Agreement, the Company satisfies its responsibility for providing community cable television programming delineated in the Franchise and pursuant to the terms of any renewal Franchise, any renewals thereof and the Offering of the City, and further, except for those continuing obligations of the Memorandum of Understanding (hereinafter "MOU"), and its customary responsibilities of deliveryof signal and maintenance of the cable, system to accomplish such delivery. e .� 3. The Company shall transfer to the Commission title to and ownership of all equipment, both studio/production and office equipment, listed in Exhibit A, attached hereto and made a part hereof. 4. The Company shall make available for the term of the Franchise and pursuant to the terms of any renewal Franchise, any renewals thereof for use by the Commission and City those six channels currently on the Burnsville/Eagan cable system and currently known as the Public Access Channel 15, the Discrete Community Channel 58, the Government Access Channel 16, the Educational Access Channel 60, the Library Channel 61, and the Religious Access Channel 57. The Commission and City shall have complete and unrestricted access to the above- mentioned channels, however, the Company will have full responsibility for the term of the Franchise, and any renewals thereof, for the maintenance, repair, and technical performance of said channels. 5. Commencing January 1, 1998, the PEG Fee established pursuant to the Memorandum of Understanding shall be $1.10 per month per subscriber. Upon the effective date of this Agreement the Company shall pay to the Commission all monies collected as a PEG Fee from January 1, 1998 to the effective date, less expenses for providing community programming in the Burnsville/Eagan franchise area as provided for in the MOU which is incorporated herein by reference and made a pan hereof and any additional amounts agreed to by both parties. 6. Hereafter, the Company shall pay the full amount of the PEG Fee collected from the subscribers of City to the Commission, or its designee. The Company shall prepay quarterly an estimated quarterly PEG Fee which shall be reconciled quarterly to reflect actual PEG Fee receipts by Meredith subject to more frequent reconciliation by mutual agreement of the parties. The first prepayment shall be on or before April 1, 1998 for the months of April, May, and June, 1998. 7. Unless otherwise mutually agreed, the Company shall assign and the Commission, or its designee, shall assume all real estate and equipment leases and contracts relating to PEG Programming. The Company and Commission will split all costs of re -keying building. The Company shall sublease from the Commission space for currently existing customer service and the headend. 8. The Commission shall be responsible for any and all I -Net or other switching related to PEG Programming or non-profit use of the I -Net capacity for the Cities of Burnsville and Eagan, which shall occur only as provided in the Franchise and consistent with applicable laws. However, the Company shall have full responsibility for the term of the Franchise and pursuant to the terms of any renewal Franchise, and any renewals thereof, for the maintenance, repair and technical performance of the I -Net. 9. The Commission shall advise Meredith in writing at least thirty (30) days prior to the Effective Date of Transfer of its intention to make offers of employment to Meredith personnel VA relating to PEG Programming. The Commission intends to employ all current employees of Meredith Community programming operations. 10. The master control shall be segregated from the headend at the expense of the Company. 11. Should the Burnsville/Eagan area implement universal service, universal installations shall be reimbursed to the Company from upward adjustments to future PEG Fees, which shall not reduce the $1.10 or further increases allowed by the MOU. 12. The terms and conditions of this Resolution shall not be changed without the mutual written consent of the Company and the City. 13. The Company and the City hereby reserve all rights and duties afforded pursuant to the Franchise(s), and applicable local, state and federal law. 14. This Resolution was moved by Council member seconded by Council member The following Council members voted in the affirmative: The following Council members voted in the negative: Adopted this day of . 1998. City of Eagan Mayor Dated: and We have reviewed the terms and conditions of this Resolution and by our signature below agree to all said terms and conditions. MEREDITH CABLE BY NORTH CENTRAL CABLE COMMUNICATIONS CORPORATION 0 2 Dated: Z7 3 EXHIBIT "A" Equipment inventory to include all current community programming and office equipment in the Burnsville/Eagan area. CACABLDBURNSVILIDERNM AG6 Agenda Information Memo Eagan City Council Meeting May 19, 1998 V. APPROVE LCTS Brant funds, Independent School District 197 ACTION TO BE CONSIDERED: Approve acceptance of LCTS Funds from School District 197 for Recreation Programming in the Quarry Park neighborhood. FACTS: • Youth Development Coordinator, Loudi Rivamonte, has been working with the School District 197 Family Services Collaborative to bring recreation programs and other services to the Quarry Park neighborhood. • A LCTS Grant in the amount of $17,705.80 has been awarded to the program by School District 197. • The City's share, $8,980.00, is a combination of the Youth Development budget and the successful Mighty Kids Grant. • The School District 197 Early Childhood Family Education (SCFE) unit will expend an additional $19,848.00 of LCTS funds to bring ECFE outreach to the Quarry Park neighborhood. ATTACHMENTS: • Eagan Parks and Recreation Quarry Park LCTS Youth Program Budget. Page- (& • ECFE Collaboration with City of Eagan Parks and Recreation Youth Development Program Budget. Page Proposal for LCIS Funds SCFE Collaboration with City of Eagan Parts and Recreation Youth Development Program Goal: To promote positive parent/child interactions, relationships and overall family functioning by: • encouraging and enhancing positive parenting skills • enhancing self-esteem • enhancing problem solving skills • increasing parent self awareness • reducing isolation To promote family and community empowerment by: • including resident input into future program design • structuring community collaboration and coordination of services • facilitating resident/management cooperation and resident/resident support and networking The proposed program would have the following components: (1) Ourreach/home visits: Outreach would be an emphasized component during this first year. Outreacivbome visits would be seen as a way to: build trust between service provider(s) and families, build relationships with families through ]:I contact and provide an initial service delivery model to achieve the above goals. The building of relationships in this way could be a bridge to providing diffemet service delivery models such as parent /child support groups. (2) Monthly parent/child events These family events would include parent/child activities and promote community building. They could be the basis for more structured periodic support groups. These could also be used as resource/informational meetings to provide information on community services, school enrollment., etc. Budget - Year 1 Home visit/outreach Early childhood teacher I0hrs/week x 52 weeks x S20 $10,400 8hrs/month x 12 months x S20 S 1,920 Paraprofessional 4hrs/month x 12 months x $l 1 S 528 Equipment ( preschool size tables and chain, fold and lock storage, etc) S 2,500 Parent/child activity packets, miscellaneous supplies, printing, food, etc. S 2,500 Stipend to develop parent/child activity packets S 2.000 TOTAL 519,848 170 1998 Eagan Parks and Recreation Quarry Park Youth Program Family Services Collaborative Request Quarry Park After School Program: (38 weeks, 3 times per week) Description Coordinator (1x $10.76 x 10 hours/wk x38 weeks) Rec. Leaders (3x 7.50 x 6 x 38 weeks) Supervisor (1x $20.00x 3 hours/wk x 38 weeks) Scholarships (25 at 10.00 each) Facility Rental Equipment and General Supplies Total Expense Other Source LCTS Grant $4,088.80 $3,497.00 $5,850.00 $1,950.00 $4,088.80 City $5,130.00 $1,710.00 $1,040.00 City $3,420.00 $2,280.00 $2,280.00 City $ 250.00 $ 250.00 City City $1,000.00 $1000.00 City $2,000,00 $1,000.00 $12,937.00 city $1,000.00 $13,748.80 $5,240.00 $8,980.00 $8,508.80 $17,705.80 Quarry Park Summer and Non School Day Program Description Coordinator (1x $10.76 x 25 hours/wk x 13 weeks) Rec. Leaders (3x $7.50 x 4 hour/wk x13 weeks) Supervisor (1x $20.00 x 4 hour/wk x 13 weeks) Scholarships( 30 at 25.00 each Facility Rental Equipment and General Supplies Transportation(4 trips at 200.00 each) Total $3,497.00 $3,497.00 $5,850.00 $1,950.00 City $3,900.00 $1040.00 $1,040.00 City $ 750.00 $ 750.00 City City $1,000.00 $1000.00 $ 800.00 $ 800.00 $12,937.00 $3,740.00 $ 9,197.00 $26,685.80 $8,980.00 $17,705.80 Agenda Information Memo Eagan City Council Meeting May 19, 1998 W. APPROVE application for grant fund. Mighty Ducks rehabilitation ACTION TO BE CONSIDERED: To approve a grant submission to "Might}, Ducks" for rehabilitation work at the Eagan Civic Arena. BACKGROUND: The State of Minnesota has provided, under the "Mighty Ducks" legislation, grant funds for new ice arenas and for rehabilitation of existing arenas. Theses funds are available to bring facilities up to new building codes, improve inadequate locker rooms or make necessary repairs to facilities. Approximately $2,000,000 is available to local communities and must be matched on a 1:1 basis. The maximum grant amount available is $50,000. FACTS: • The State of Minnesota has rehabilitation funds available to local communities for ice arena improvements under the Mighty Ducks program. • The grant deadline is June 1, 1998 • The Eagan Civic Arena has a potential problem with the upstairs mezzanine being open to the arena. This area could be enclosed with windows to provide a view of activities in the arena. • The addition known as the "Moose locker room" has the potential for use as Eagan High School locker rooms. • Cost projections for the locker room and upper mezzanine range from $30,000 to $70,000. • Volunteer labor can be used as part of the match. CONCERNS: More effort will be required to define the scope of both projects and in cost estimating. Competition for the grant funds will be very high with a large number of applications expected. Eagan, with a newer facility, will not be considered as high a priority as older facilities. Agenda Information Memo Eagan City Council Meeting. May 19, 1998 X. APPROVE aereement with Eagan traveling baseball for liehts at Goat Hill Park ACTION TO BE CONSIDERED: To approve an agreement with Eagan Travel baseball/Eagan Athletic Association for lighting of "Little Goat" baseball field and the allocation of funds from the Park Site Acquisition and Development Fund. BACKGROUND: Eagan Athletic Association travel baseball program approached the City requesting the lighting of the small baseball field at Goat Hill Park. They were informed that the capital funds were not designated to complete this work, although the Advisory Commission had considered it when it was reviewing the five-year CIP. Travel baseball's only option was to request consideration to use a portion of the funds set aside and designated as "Opportunity Funds" within the CIP. A formal request was presented to the Advisor), Commission at its February 16 meeting. The Commission took the request under advisement and determined that criteria needed to be established to judge these types of requests. During the latter part of February and early March the Commission completed evaluation criteria and adopted the standards. In applying the standards, the Commission recommended approval of an agreement with travel baseball for partial payment of costs incurred. FACTS: • Request received from Eagan Travel Baseball to light "Little Goat" baseball field. They determined they -would assist with the cost by making three payments of $6,000 over three years. • Lighting of "Little Goat" was considered in the five year CIP completed last year, but did not rank high enough to be included in the recommended project list. • The estimated cost to light the ball field is projected at between $54,000-59,000. • Goat Hill is the site of the lighted major league field. Lighting the minor league field is feasible. • The Advisory Commission developed criteria with which to evaluate proposals to use the "opportunity funds" that were designated as part of the CIP in the Park Site Acquisition and Development Fund. • The Commission applied the evaluation criteria at the April Commission meeting and has recommended approval of the request and the use of the `opportunity" portion of the Park Site funds. • The project could get under way in 1998 and be ready for use in 1999. CONCERNS: None at this time. If approved, staff would begin preparing the design and specifications for bidding of the project. ATTACHTIENTS: • Criteria established by Advisory Parks Commission for use of "Opportunity Funds"-�QgG Y 1�,3 CRITERIA FOR REVIEW OF PROJECTS PROPOSED FOR CIP OPPORTUNITY SET-ASIDE FUNDS * 1. Does the proposed project fit the Department's facility design standards? * 2. Is the proposed cost participation contribution representative of the groups' ability to pay? 3. Is the project identified on the 1997 overall Parks CIP Evaluation Summary, but was not funded? 4. Is the project in conflict with any project on the CIP Recommended for Funding List? 5. Does the proposed project enhance both public and private recreational programming options? 6. Are the benefits of the proposed improvement enduring over an extended period of time? 7. Is the proposed project inconsistent with the suggested park's Master Plan? 8. ' Is the project appropriate for the park suggested, or is another park more appropriate? 9. Is the proposed project's time frame flexible to allow incorporation into the Department's annual work plan within one to three years? 10. Is the proposed project benefiting a wide segment of the community, what percentage of participants are Eagan residents? 11. Is the cost participation pay back received in no longer than three annual installments? 12. Are there any unique or special considerations or features that should be considered? * Criteria that must be met Adopted by the Advisory Parks Commission - March 16, 1998 Cdorothy/criteria for evaluation.3-16-98 12y Agenda Information Memo Eagan City Council Meeting May 19, 1998 Y. CHANGE ORDER #1, EaganCivic Arena ACTION TO BE CONSIDERED: To approve Change Order Number 1, Eagan Civic Arena in the amount of $375.00. FACTS: • An increase to Fabcon, Inc in the amount of $551.00 is for pre -cast planking resulting from a change in the size of the refrigeration room to accommodate the larger sled of the refrigeration unit. • Swanson Plumbing and Heating is decreased by $1,500.00 as a credit for the selection of the Munters dehumidification unit. • Swanson Plumbing and Heating is increased by $1,324.00 for wall hung lavatories in the upper mezzanine level. This change resulted in less core -drilling of the floor and easier long term maintenance of the plumbing fixtures. • Net change to Swanson Plumbing and Heating is a deduct of ($176.00). Total net change to the contract is $375.00. CONCERNS: None ATTACHMENTS: None Agenda Information Memo May 19, 1998 Eagan City Council Meeting Z. RESIGNATION, APrC ACTION TO BE CONSIDERED: Accept resignation of Steven Knutson from the Advisory Parks Commission and make a determination regarding filling the vacancy. FACTS: • A letter was received on March 17 from Steven Knutson resigning from the Advisory Parks Commission. • Mr. Knutson's term expires January, 2000. • As has been considered in the past, the Council may choose to appoint the alternate member to this position and direct staff to contact the remaining pool of candidates for advisory commissions to determine their interest in serving as an alternate on the Advisory Parks Commission. If no response is received from the pool of candidates, the position will be advertised in the local media. • The current alternate member is Bonnie Karson. ATTACHMENTS: • Letter of resignation attached on page ell JP7 %6 INolfar,,ilnlIunitson .-k1•cllitects Ltd. 2850 Drive, Suite '_ 15 March 17, 1998 Ken Vraa, Dir. of Parks and Recreation Eagan City Hall Pilot Knob Rd. Eagan, MN. 55122 Ken: Telephone Minneapolis. 612.651.7161 Minnesota Fax 612 651-716: 55125 I must regretfully inform you that due to personal commitments, I will be unable to fulfill my term on the Eagan Parks Commission. Over the past months, I have enjoyed working with you and your staff and getting to know more about the community in which I live. If in the future I can be of service, please feel free to contact me. Regards; �i<A� Steve Knutson A.I.A. Agenda Information Memo May 19, 1998 AA. APPROVE AMEND1fENT TO JOINT PO -'ERS AGREEMENT -WITH GUN CLUB LAKE -WATERSHED MANAGEMENT ORGANIZATION. ACTION TO BE CONSIDERED: To approve an amendment to the Joint Powers Agreement with the Gun Club Lake Watershed Management Organization pertaining to the formation and use of advisory committees and the organization and functioning of the Board. FACTS: • The amendment allows and encourages the use of technical and citizen advisory committees by the WMO Board and sets requirements for the election of Board officers, setting the location of meetings, and advertising of meetings. ATTACHMENTS: Amendment is attached on pages?�throughZQ. AMENDMENT TO GUN CLUB LAKE WATERSHED JOINT POWERS AGREEMENT ESTABLISHING A WATERSHED MANAGEMENT ORGANIZATION THE PARTIES TO THIS AGREEMENT are cities which have land within the Gun Club Lake Watershed. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes 1996 §§ 471.59 and 103B.201, g. =9. 1. EXISTING AGREEMENT. The existing Joint Powers Agreement for the Gun Club Lake Watershed Management Organization shall remain in full force and effect, except as specifically amended by this Agreement. 2. SECTION 5 of the Joint Power Agreement is amended in its entirety to read: 5. Advisory Committees. Subdivision 1. 'Technical Advisory Committee. Dakota County and the Dakota County Soil and Water Conservation District shall be requested to appoint a nonvoting advisory member to the WMO. Subdivision 2. Citizen Advisory Committee. The WMO may establish a citizen advisory committee from the public at large. The WMO may consult the Citizen Advisory Committee on the development, content, and implementation of the plan, including the allocation of costs and governmental authority and responsibilities during implementation. 2. SECTION 69 SUBDIVISION 5 of the Joint Powers Agreement is amended in its entirety to read: Subdivision 5. Organization/St_nicture. At the fust meeting of the Board and in January of each year thereafter, the Board shall elect from its managers a chairperson, a vice chairperson, a secretary, a treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. Except for the position of chairperson, any manager may be elected to more than one office. At the organizational meeting or as soon thereafter as it may be reasonably done, the WMO shall adopt rules and regulations governing its meetings. Such rules and R0.02 NK: NK:r01/07/98 regulations may be amended from time to time at either a regular or a special meeting of the WMO, provided that at lest ten (10) days prior notice of the proposed amendment has been furnished to each person to whom notice of the Board meetings is required to be sent. The chief administrative officer of each member community shall be notified of the dates and locations of all meetings. Meetings must be held at least annually. Unless otherwise provided by notice to the public, meetings of the WMO shall be held in the council chambers of one of the member cities. The dates, times, and locations of meetings of the WMO shall be posted on the bulletin board of each member City at least ten (10) days prior to the date of the meeting. Approved by the City Council CITY OF EAGAN Approved by the City Council A4, a7 , 1998. Approved by the City Council Februaru 3, , 1998. Its Mayor AND Its City Clerk CITY OF INVER PJZO HEIGHTS BY: PRIEW Its City Clerk CITY OF MENDOTA HEIGHTS BY:-'� GL1i.�.EZ Its Mayor AND - Its City Clerk 47650.02 RNK:r01/07/98 2 2 Agenda Information Memo May 19, 1998 Eagan City Council Meeting PUBLIC HEARINGS ACTION TO BE CONSIDERED: To approve or deny a 2 foot Variance from the 10 foot side yard setback requirement applicable to Lot 2, Block 1, Park Ridge Addition FACTS: i The applicant is proposing to construct a 120 square foot addition to his home located at 1911 Covington Lane (Lot 2, Block 1, Park Ridge Addition). The proposed addition would lie 8 feet from the east side lot line of the subject property. To accommodate such structure location, the approval of a variance is necessary. r The subject property is zoned PD, Planned Development. The applicable Park Ridge Addition Development Contract stipulates that no variances shall be allowed for lot coverage or from the setbacks of the R-1 (single family residential) zoning district unless they are strictly related to irregular terrain or vegetation. r The property in question does exhibit irregular terrain and vegetation; however, such site features lie within an established drainage and utility easement where building activity is not allowed. The applicant has indicated that the need for variance responds to a desire for additional living space and the existing "positioning" of his residence (which does not enable him to comply with applicable side yard setback requirements). BACKGROUND/ATTACHMENTS Staff report, pages QhroughDAL M I PLANNING REPORT CITY OF EAGAN REPORT DATE: April 27, 1998 APPLICANT: James L Gresback PROPERTY OWNER: James L. Gresback REQUEST: Variance (sidevard setback) LOCATION: Lot 2, Block 1, Park Ridge Addition CASE: 32 -VA -05-04-98 HEARING DATE: May 19, 1998 PREPARED BY: Bob Kirmis COMPREHENSIVE PLAN: D-1, Single Family/(0-3 units/acre) ZONING: PD, Planned Development Mr. James Gresback is requesting approval of a 2 foot a Variance from the 10 foot side yard setback requirement for a single family residential property located at 1911 Covington Lane(Lot 2 Block 1 Park Ridge Addition). Specifically, Mr Gresback is proposing to construct a 120 square foot addition to his home which would lie 8.2 feet from a side lot line. The subject property is zoned PD, Planned Development. rRo 11 03 R le We reTWTUM City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards therein if: The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. IE Planning Report — Gresback Variance May 19, 1998 Page 2 As mentioned previously, the subject property is zoned PD, Planned Development. As a result, a specific set of performance standards apply to the property. According to the Park Ridge Addition Development Contract... " No variances shall be allowed for lot coverage or from the setbacks of the R- I(single Family residential district) unless they are strictly related to irregular terrian or vegetation." The R-1, Residential single family zoning district imposes a minimum side yard setback requirement of 10 feet for any portion of the dwelling unit. Park Ridge First Addition received Final Subdivision Approval in May of 1983. The PD zoning designation was applied for the purpose of allowing deviation from the minimum 12,000 square foot lot size requirement in R-1 zoning districts. Specifically the terms of the PD approval stipulate that a minimum lot size of 7,800 square feet must be maintained throughout the subdivision. The lot in question measures approximately 9,600 square feet in size and has a buildable area of approximately 3,500 square feet (following imposition of setbacks). The property also borders a protected wetland. The site is bounded on the north, east and west by single family detached homes and on the south by the Lebanon Hills Regional Park. The applicant has made contact with neighboring property owners who (according to the applicant) have voiced general support of the project. EIXXIJ X ti 201" X11 The applicant is proposing to construct a 120 square foot (10'x12') addition to the rear of his home. The addition would lie 8 feet from the subject property's east (side) lot line and outside of drainage and utility easements applied to the property. The addition is to be two stories in height and is to be comprised of a new bedroom on the upper level and office on the lower level. The addition "mimics" the gabled roof style of the existing home and appears to be architecturally compatible with both the site in question and homes in the surrounding area. To minimize the encroachment of the addition into the required side yard, the applicant has presented a structure design which incorporates "chamfered" comers(see attached building elevation). The Park Ridge Development Contract specifically states that no setback variances may be granted for lots within the subject subdivision unless they relate to irregular terrain or vegetation Planning Report — Gresback Variance May 19, 1998 Page 3 While the site in question undeniably holds areas of irregular terrain and vegetated areas, such site charactoristics lie within a drainage and utility easement where building construction is prohibited. Although compliance with applicable side yard setback requirements appears physically possible, an alternative location would likely compromise desired wetland views and interior space relationships within the home. C According to the applicant, the hardship for the requested variance is based on two factors as summarized below: 1. A need for additional living space within the dwelling unit and; 2. The existing dwelling unit location (positioning on the site) has prompted the need for variance u The applicant is requesting a 2 foot variance from the 10 foot side yard setback applicable to the subject property. Approval of the variance would allow approximately 14 square feet of the proposed 120 square foot building addition to encroach into the required side yard. t To approve or deny a 2 foot variance from the required 10 foot setback applied to Lot 2, Block 1 Park Ridge Addition. 'J HO DUIL1 OUKVC1 Sal Dmhpton: LOT 2, BLOCK 1, PARK RIDGE, DAKOTA COUNTY, MINNESOTA. ALE : 1" = 30' f-1 T- _T 1 s toIn rn p� N O 2 DRAINAGE AND UTILITY EASEMENT �CoV`NlAAlE A=2322'x3" \ 2?0 r7- EX/ST/NG o OUSE 17.33 (PROPOSED ADDITI SOT r , r r r n r & SITE PLAN 5 w c F v z G) m r m D O z LEFT SIDE ELEV V.• FRONT ELv sw� .� PICsNT SIDE LEV._.. FJO�E�3NAME: JIM GRESBAGK DRAII.N BY: B THOMAS. 4/9/98 MAIN -LEVE-_PLAN_ OCALE v4•.r•o- 5A5EMENT PLAN. Sate: V4'.r.e- JOB NAME: JIM CsREE5BACK DRAM BY: B. THOMAS, 4/9/98 Agenda Information Memo May 19, 1998 Eagan City Council Meeting ACTION TO BE CONSIDERED: Close the Public Hearing, approve the Final Assessment Roll and authorize its certification to Dakota County. FACTS: • Project 695 provided for the bridge widening and roadway improvements to Yankee Doodle Road from Federal Drive to O'Leary Lane to accommodate the development of the Eagan Promenade. • This project was approved at a Public Hearing held on January 16. 1996, and constructed under City Contracts 96-10, 11 & 20. Although these contracts have not been finalized, sufficient costs have been calculated that indicates that the final assessments will not be less than the maximum amount limited by the development agreement approved on April 8, 1996. Therefore, it is timely that the City adopt the Final Assessment Roll so that collections can begin. • Staff scheduled a meeting with potentially interested property owners on May 14, with no one attending. ATTACHMENTS.- 0 TTACHMENTS:• Final Assessment Roll, pages �&_ through fy—. Is IMA WWRIOMM INCI11 PROJECT NUMBER: 695 ASSESSMENT HEARING DATE: May 19. 1998 SUBDIVISION/AREA: Yankee Doodle Road Corridor PUBLIC HEARING DATE: January 16. 1996 IMPROVEMENT INSTALLED ANDIOR ASSESSED: F.R. = Feasibility Report SANITARY FINAL F.R. STORKNI FINAL F.R. SEWER BATES BATES SVWV BATES BATES ❑ Trunk ❑ Trunk ❑ Laterals ❑ Laterals []Service ❑ Lat. Benefit/Trunk ❑ Lat. BenefitiTrunk ❑ Trunk ❑ Gravel Base ❑ Laterals ® Surfacing S.9254/Sp, Ft. 5.9254/Sq. Ft. ❑ Service I inch ❑ Res. Equivalent ❑ Service 6 inch ❑ Multi Equivalent ❑ WAC ❑ C/I Equivalent 01 -at. BenefitTrunk 0 Trail ❑ Water & San. Sewer I ® Powerpole Relocation 5.0154/SU, Ft. 5.0116/ ❑ Energy Charge CONTRACT # OF INTEREST AMOUNT CITY NO PARCEL TERM RATE ASSFccFn FINANCED 53,398,957 F.R. 53,286,123 F.R.0) $3,412,805.86 $3,955,932.75 (1) 96-10.96-1 l & 96.20 1— 20 Yrs. 7 % OKLOJOxCal tt I r , . .rr rl K-100-11 s) lot -1-1141 K. r r r r re -For .rr .rarr q •r was recuired by ther . acouir trc.r. r . rt MEMO ENGINEERING DIVISION city of eagan TO: DEANNA KIVI, SPECIAL ASSESSMENT CLERK FROM: GERALD R. W'OBSCHALL DATE: MARCH 25,1998 SUBJECT: FINAL ASSESSMENT ROLL, PROJECT 695 YANKEE DOODLE ROAD IMPROVEMENT The City Council at the conclusion of the public hearing on January 16, 1996 ordered Project 695. According to the feasibility report, the following improvements were to be constructed and'or assessed. The improvements are: Widening of Yankee Doodle Road, Modifications of exit and entrance ramps to I35E, Bridge Widening, Widening of Denmark Avenue, Streetlight installation along Yankee Doodle Road, Traffic Signal installation and modification and Storm Sewer modifications due to new roadway alignments to accommodate the increased traffic caused by the Eagan Promenade Development. According to the terms of an agreement between the City and the Developer of the Eagan Promenade the City was given authority to assess $3,356,877 to the development for the Yankee Doodle Road improvements. The Development Contract also called for the developer to reimburse the City for the cost to relocate CPA power poles located on the development. In the feasibility report it was proposed to allocate the assessment to lots using net developable area as the basis for assessment. During lune of 1996, the Developer requested the City to amend the allocation of their assessments. The City approved the allocation of the assessments. This assessment roll is prepared using the method of allocation approved by the City. Construction of the improvements was accomplished under Contract No.'s 96-10, 96-11 and 96-20 %hich are substantially complete. The assessment hearing is scheduled for May 19, 1998. The following information was used in the preparation of the assessment roll. fiiiltl�ii 1Zali�yll The construction cost includes the amount of $5,239,807.24 paid to contractors for the construction of the following detailed improvements. Easement costs in the amount of $335,507.52 and other costs which consist of engineering design, plans and specifications, contract management, administration, financing, bonding, legal and other costs in the amount of $1,998,651.46 were added resulting in a project cost of $7,573,966.22. A summary of these other costs is included on Exhibit of this report. The other costs are allocated to the improvements constructed in order to determine the cost of each improvement. Construction Other Improvement Feasibility Improvement Costs Costs Costs Report Street $4,866,571.23 $2,259,511.78 $7,126,083.01 $6,394,600.00 Street lights 373,236.01 74,647.20 447,883.21 248,400.00 TOTAL $5,239,807.24 52,334,158.98 $7,573,966.22 $6,643,000.00 A. TRUNK ASSESSMENTS No trunk assessments were proposed in the feasibility report for this Project because they were collected as a condition of the development contract or were previously assessed to the properties. B. STREET AND STREET LIGHT IMPROVEMENTS 1. Street Improvement The street improvement consists of the expansion of Yankee Doodle Road to accommodate the additional traffic generated by the Eagan Promenade development. It includes bridge widening, expansion of Pilot Knob Road, changes to entrance and exit ramps to I -35E, signal installation and modification, streetlight installation and other alterations to intersecting streets at a construction cost of $4,866,571.23. Easement and other costs in the amount of $2,259,511.78 were allocated to the construction costs. This results in an improvement cost of $7,126,083.01. The feasibility report and development contract called for this improvement to be partially assessed. The Council and the Developer agreed that $3,356,877 would be assessed to the development. The assessment for this improvement is prepared limiting the assessment to that amount. 2. Power Pole Relocation 9 wood poles were replaced and relocated by 6 steel poles at a cost of $55,928.86. The Development Contract estimated this assessment at $42,080 for this improvement, however, the City will assess the $55,928.86 as allowed by the terms of the Development Contract. 3. Street Lights Contract 96-20 provided for the installation of street lights along Yankee Doodle Road, Denmark Avenue, Promenade Avenue and Northwood Parkway. The installation was authorized by Projects 694 and 695. The installation was completed at a construction cost of $373,236.01. Other costs in the amount of $74,647.20 were allocated to contract resulting in an improvement cost of $447,883.21. According to Project 695, this improvement is not assessable; under Project 694, this is considered an assessable improvement. According to an analysis by location of street lights ($202,213/$373,236) of the construction costs are associated with the lights along Yankee Doodle Road. This amounts to $242,655.60 = ($447,883.21 '(S202,2131$373r236) and it will be financed by the Major Street Fund. The balance of the street light improvement $205,227.61 will be transferred to Project 694 and will be assessed at a future date. C. ASSESSMENT TERAS The assessments are proposed for a term of 20 years. The interest rate is 7.0% per annum on the unpaid balance. ^ 3 11. CITY REVENUES (RESPONSIBILITY) The City's Major Street Fund will provide financing in the following amount of $3,955,932.75 for the unassessed portion of he improvement costs. In addition, 5205,227.61 should be transferred to Project 694 for it's share of the streetlight improvement. Gerald R. Wobschall Reviewed: l/ /�Gi. Public Works Department Dated: S- / Z -!!p Reviewed l.J Fin ce Department Dated: cc: Thomas A. Colbert, Director of Public Works Tom Pepper, Assistant Finance Director Jim Sheldon, City Attorney Sue Sheridan, Accountant I 93 4 Improvement Assessment City Improvement Costs Revenue (Responsibility) Street $7,126,083.01 53,412,805.86 (53,713,277.15) Street lights 447,883.21 0.00 (447,883.21) TOTAL 57,573,966.22 $3,412,805.86 (54,161,160.36) The City's Major Street Fund will provide financing in the following amount of $3,955,932.75 for the unassessed portion of he improvement costs. In addition, 5205,227.61 should be transferred to Project 694 for it's share of the streetlight improvement. Gerald R. Wobschall Reviewed: l/ /�Gi. Public Works Department Dated: S- / Z -!!p Reviewed l.J Fin ce Department Dated: cc: Thomas A. Colbert, Director of Public Works Tom Pepper, Assistant Finance Director Jim Sheldon, City Attorney Sue Sheridan, Accountant I 93 4 CITY OF EAGAN Page 1 3/24/98 COMBINED ASSESSMENT ROLL ST695 PWRPL695 --------- ------- PER FAVORABLE TOTAL TOTAL PROPERTY FEASIBILITY (UNFAVORABLE) PROPERTY PRINCIPAL PRINCIPAL TOTAL REPORT VARIANCE IDENTO DIVISION NAME ................ .............•.. 1022472-010-01 EAGAN PROMENADE 1700000 0.00 17,000.00 17.000.00 000 1022472-010-02 EAGAN PROMENADE 4320000 000 43,200.00 43,200.00 000 1022472-01003 EAGAN PROMENADE 34212)00 000 342,120.00 342.12000 000 1022472-020-02 EAGAN PROMENADE 2160000 000 21,60000 21,60000 000 1&22472Z30-02 EAGAN PROMENADE 36000.00 0.00 36,000.00 36,000.00 000 102247204002 EAGAN PROMENADE 3120000 000 31,20000 71,2)000 000 1022472-05002 EAGAN PROMENADE 36000 00 000 36,000.00 36.000 00 000 1022472-06002 EAGAN PROMENADE 4420000 000 44,20000 44,200.00 000 10-22472-07002 EAGAN PROMENADE 1728000 0.00 17,260.00 17,26000 000 102247206002 EAGAN PROMENADE 2338634 00 55926 68 2,392,762.66 2,378,913.00 (13.84986) 1022473-010-01 EAGAN PROMENADE 2ND ADD 100000 OD 000 100,000.00 100,000 00 000 1023474-010-01 EAGAN PROMENADE 3RD ADD 331443.00 000 331,443.00 331,443.00 000 3,358,877.00 55,92886 3,412,80586 3,396,95600 (13,64986) Agenda Information Memo May 19, 1998 C. PROJ. 732.OAK POND HILLS ADDITION STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: To close the Public Hearing and Approve / Modify / Deny Proj. 732 Oak Pond Hills Add. (Streets and Utilities) and, if approved, authorize the preparation of detail plans and specifications and the acquisition of public easements as necessary. FACTS: • The streets within the Oak Pond Hills neighborhood were originally constructed in 1977 and 1978 and consist of 2" bituminous over G' gravel. The average street is 25 feet in width. The neighborhood provides access to 11 single-family lots. • The reconstruction of Oak Pond Road and Oak Pond Circle is programmed for 1998 in the current 5 -Year CIP (1998-2002) and has been part of the City's Capital Improvement Program since 1995. • The feasibility report for Project 732 was presented to the City Council on April 21, 1998, and a Public Hearing was scheduled for May 19 to formally present and discuss the report with the neighborhood. • Two informational meetings were held, one on April 23 and the other on May 12, both at 6:30 p.m. at City Hall. Of the parcels proposed to be assessed, 28 owners representing 15 properties (about 39% of total notified) attended the informational meetings. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ISSUES: • Oak Pond Hills lies within Trunk Sanitary Sewer District C -Z as identified in the City of Eagan's Comprehensive Sewer Policy Plan. This district contains approximately 41 properties with private well and septic systems. This project provides for the opportunity to serve approximately 32 of them laying in the eastern %: of the District without having to install a potentially economically unfeasible Lift Station, forcemain and laterals as proposed in the Comp plan. Current state law requires each of these septic systems to be upgraded to the new private septic standards before the property can be sold (estimated cost of approx. S6-12,000). • If the installation of utilities is not approved prior to street improvements, it would be impracticable and expensive to do so at a later date. The City Council should then provide direction as to whether the Comprehensive Land Use Guide Plan update being prepared in 1998 should identify this area as being excluded from the City's ultimate sewer service area. Presently, the entire City of Eagan is planned to be ultimately served. ATTACHMENTS: • Feasibility Report, pages �2 through • Sewer Service District Map, Page /y�6 • On-site Septic System Map, page. • Minutes From Informational Neighborhood Meetings, pages /.2Z through L,. REVIEWED BY: I City of Eagan Department of Public Works Date: �5/1S/4S REVIEWED BY. C Eagan Finan„e Department Date 5 - 15 - q4% FEASIBILITY STUDY AND REPORT 397:7 OAK POND ROAD AND OAK POND CIRCLE STREET AND UTILITY IMPROVEMENTS EAGAN, MINNESOTA CITY PROJECT NO. 732 MAY 1998 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota . Date. S �/y 98 Reg. No. SRF No. 0972902 RECONSULTING GROUP, INC. Transportation • Civil • Structural • Environmental • Planning • Traffic • Landscape Architecture • Parking SRF No. 0972902 May 14, 1998 Honorable Mayor and City Council CITY OF EAGAN 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Mayor and Members of the Council: SUBJECT: OAK POND ROAD AND OAK POND CIRCLE PROPOSED STREET AND UTILITY IMPROVEMENTS CITY OF EAGAN PROJECT NO. 732 Enclosed please find the Feasibility Study Report for Street and Utility Improvements to serve the Oak Pond Road area. The project proposed herein is consistent with the City's Comprehensive Plans and is feasible from an engineering standpoint. We would be pleased to meet with the City Council, staff and other interested parties to review any aspect of this report. Respectfully submitted, SRF CONSULTING GROUP, INC. M tthew D. Hansen, P.E. Associate A7?� Ues R. Dvorak, P.E. rmincipal MDH/JRD/smf Enclosure 9.1 One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Telephone (612) 475-0010 • Fax (612) 475-2429 ■ http://www.srfconsulting.com An Equal Opportunity Employer OAK POND ROAD AND OAK POND CIRCLE STREET AND UTILITY IMPROVEMENTS EAGAN, MINNESOTA CITY PROJECT NO. 732 TABLE OF CONTENTS LETTER OF TRANSMITTAL TABLE OF CONTENTS I. INTRODUCTION............................................................................................ II SUMMARY AND RECOMMENDATIONS....................................................... III. PROJECT DESCRIPTION............................................................................. A. Street Improvements........................................................................... B. Storm Sewer Improvements............................................................... C Sanitary Sewer and Water Main Improvements ................................... Table 1 -- Building Permits and Septic Permits Issued by City ........................ IV. RIGHT-OF-WAY AND EASEMENTS............................................................. VPERMITS....................................................................................................... VIESTIMATED COSTS..................................................................................... Table2 -- Estimated Costs............................................................................. VIIAFFECTED PROPERTIES............................................................................ VIIIASSESSMENTS............................................................................................ A. Assessment Summary ......................................................................... Table 3 -- Proposed Assessment Summary ..................................................... B Assessment Financing Options........................................................... IX. REVENUE SOURCES................................................................................... XPROJECT SCHEDULE.................................................................................. APPENDIX • Detailed Preliminary Estimate of Construction Costs • Figure 1 -- Project Location Map • Figure 2 -- Proposed Street and Storm Sewer Improvements • Figure 3 -- Proposed Typical Section • Figure 4 -- Proposed Sanitary Sewer and Water Main Improvements • Figure 5 -- Trunk Sanitary Sewer Improvements • Figure 6 -- Trunk Water Main Improvements • Figure 7 -- Assessment Parcels q? Page No. 1 2 3 3 4 5 6 8 9 10 10 11 12 12 13 14 15 15 I. INTRODUCTION This Feasibility Study has been authorized b}the Cin Council for improvements to the Oak Pond Road and Oak Pond Circle area. This work has been identified in the City's Capital Improvement Program (CIP) since 1995 and was included in the approved 1998-2002 CIP. The project is located immediately north of Cliff Road, approximately one-half mile west of Dodd Road in southeast Eagan (see Figure 1). The area is a residential neighborhood that has a heavily wooded rolling topography. The 11 lots in the area are large and irregularly shaped and the setback of the homes vary. There are also a number of homes with very steep driveways. The streets were originally constructed by the developer: Floyd Forsberg of V. Barton Construction Company in 1977 for the Oak Pond Hills Addition and Floyd Forsberg of Eagan Enterprises in 1978 for the Oak Pond Hills 2nd Addition. The original street section was approximately 2 inches of bituminous surfacing over 6 inches of gravel base. This section does not meet today's standards and has reached the end of its expected 20 -year life. The developer platted a 60 -foot right-of-way, but did not construct the street in the center of the right-of-way in all locations. In 1987, a storm sewer outlet for pond LP -34 was constructed, which necessitated the reconstruction of the roadway from Cliff Road to the northeast approximately 750 feet. This work was completed under City Project No. 444R. This report identifies the street and storm sewer improvements necessary to upgrade the existing street to current City standards. Since the area is not currently served with City sewer and water, those improvements are also included for the residents' and council's information. 99 II. SUMMARY AND RECOMMENDATIONS City Project No. 732, as outlined herein, is feasible from an engineering standpoint. The proposed roadway and storm sewer improvements are consistent with current City standards. The utility improvements discussed are consistent with the City's Comprehensive Guide Plan and utility plans. The total cost of this project. including sanitary sewer and water main improvements, is estimated to be $620.000. The following recommendations are presented for the Council's consideration: • This project is necessary due to the age, substandard design and resulting deteriorated condition of the streets within this development. The project will provide an improved driving surface. reduced maintenance and improved drainage. This project is cost effective in that reconstructing and upgrading the project streets will result in a considerable reduction in overall maintenance costs and will add value to the overall neighborhood as well as individual properties. This project is feasible from an engineering standpoint in that the project streets have exceeded their normal life cycle, and normal maintenance measures are no longer a practical or effective alternative. • It is recommended that the City Council receive the Feasibility Study and schedule a public hearing for the proposed project area. • If City sewer and water service is proposed to be provided to the area in the near future, we recommend that the improvements necessary to sere the lots on Oak Pond Road and Oak Pond Circle be included in this project. /Odl III. PROJECT DESCRIPTION A. STREET IMPROVEMENTS The street serving the neighborhood was originally constructed in 1977 and 1978. The southeast half of Oak Pond Road was reconstructed in 1987. The pavement is currently in poor condition and has a Pavement Condition Index (PCI) of 18. The PCI is determined through inspection of the existing street. A PCI of 56 to 100 represents pavements in very good condition that would require localized maintenance. A PCI of 36 to 55 represents pavements that are in fair to good condition and are most appropriately maintained with an overlay. Pavements with a PCI of 0-35 are considered to be in poor to very poor condition and require reconstruction. The roadway does not have curb and gutter or storm sewer for drainage. As stated previously. the area is heavily wooded and the trees abut the roadway in several places. In addition. the existing road is not centered in the platted 60 -foot right-of-way. The existing bituminous surface is approximately 25 feet wide..The Oak Pond Circle cul-de-sac has a center island with a radius of approximately 15 feet with mature trees on it. Under City Project No. 732, it is proposed to upgrade the existing roadway within the Oak Ponds Road Area to Eagan City standards. It is proposed to construct a 28 -foot -wide. 7 -ton design bituminous roadway with concrete curb and gutter along the existing alignment. This alignment would not be in the center of the right-of-way, but will help minimize impacts to existing trees. In conjunction with the roadway reconstruction, it will be necessary to reconstruct portions of the existing driveways to provide proper access to the homes (see Figure 2). The proposed typical section for the roadway includes 12 inches of granular material (to improve subsurface drainage). 6 inches of Class 5 gravel with a 3 1/2 -inch bituminous surface (see Figure 3). The estimated cost for street improvements is 5219,000. B. STORM SEWER IMPROVEMENTS With the construction of an urban road section (i.e.. concrete curb and gutter), it will be necessary to construct a storm sewer system capable of draining the roadway and surrounding area. Therefore, it is proposed to include the storm sewer system in Project No. 732 The project area lies almost entirely within subdistrict L-23, as outlined in the Eagan Comprehensive Storm Water Management Plan (1990). As stated earlier, an outlet for storm water pond LP -34 was previously constructed under City Project No. 444R. The alignment of this outlet pipe proceeds from the pond to Oak Pond Road, then southwest to Cliff Road. At Cliff Road, the pipe proceeds west to pond LP -35. This system exclusively serves as an outlet for the pond LP -34 and does not provide an% direct drainage for the roadway. It is proposed under City Project No. 732 to construct the storm sewer system necessary to accommodate storm runoff from the roadway and surrounding area. It is proposed to extend storm sewer from the Oak Pond Road Oak Pond Circle intersection southwest to the existing easement for the pond outlet and southwest 150 feet to the Oak Pond Road low point. At the existing easement for the pond (Outlot A). the storm sewer would be extended northwest and northerly to the pond (refer to Figure 2). Additional work within Outlot A would include the construction of a gravel access road to the north end of Pond LP -34 and an outlet pipe for Pond LP -61 to discharge into Pond LP -34. The restoration of the eroded overflow swale is also included. The estimated cost of the storm sewer s% stem proposed under this project is 576.000. /D� C. SANITARY SEWER AND WATER MAIN IMPROVEMENTS Even though the property owners have not requested sanitary sewer and water service. it is prudent to consider them at this time. The neighborhood is approaching 20-25 years of age and the existing wells and septic systems may be reaching the end of their expected life. Table I identifies dates that building permits and septic system permits were issued by the City. If it is decided that these utilities should be made available to this area, it is recommended that they be installed as part of City Project No. 732. Both the sanitary sewer and water main should be placed under the new roadway to minimize the impacts to the neighborhood (see Figure 4). They could be installed at a later date outside the curb. but this placement would result in significant tree loss. If the sanitary sewer is constructed at this time. the homes could not be hooked up until further improvements to the trunk system are made. There is not sufficient depth in the existing sanitary sewer system, which is located immediately east in the Fawn Ridge Development. to serve the Oak Pond Road area. The sewer would need to be extended to the southwest to Cliff Road and terminated. In the future, sewer will need to be extended west along Cliff Road to Holland Lake as shown in the Comprehensive Sanitary Sewer Plan. where construction of a lift station and forcemain would be necessary to complete the trunk system. Because of the large lou in the area and the county park on the south side of Cliff Road. it may not be economically desirable to serve this area with sanitary sewer in this manner. It may be more cost effective to construct such sanitary sewer improvements along Cliff Road (County Road 32) when the County upgrades this segment. However, there are no improvements scheduled for this section of Countv Road 32 in the near future. An alternative to the system shown in the Comprehensive Plan would be to construct a sanitary sewer lift station within the Oak Pond Hills neighborhood. The lift station could be connected to the existing sewer within the Fawn Ridge Development to provide service to the homes in the Oak Pond Road area immediately. The lift station could also be placed at an elevation such that most homes within the Lakewood Hills Addition and Rockwood's Woods Addition, which are immediately west of the Oak Pond Road Area, could also be served. If sanitary sewer is to be provided at this time, it is recommended that this alternative be used since it would allow immediate connection (see Figure 5). /�-3 5 TABLE 1 Building Permits and Septic Permits Issued by City City Project No. 732 Oak Pond Road and Oak Pond Circle PARCEL DATE ITEM A 855 Cliff Rd May -57 Building Permit B 4590 Oak Pond Rd Jun -78 Septic Permit C 4580 Oak Pond Rd Sep -78 Septic Permit D 4575 Oak Pond Rd Moy-78 Building Permit E 4565 Oak Pond Rd Se 79 Septic Permit F 4545 Oak Pond Circle Sep -78 Septic Permit G 4535 Oak Pond Circle Jun -83 Septic Permit H 4529 Oak Pond Circle Aug -79 Septic Permit 1 4523 Oak Pond Circle Au -79 Septic Permit J 4524 Oak Pond Rd Sep -83 Septic Permit K 4540 Oak Pond Rd Dec -78 Septic Permit N 835 Cliff Rd Mar -55 Building Permit O 859 Lakewood Hills Rd Oct -87 Building Permit P 861 Lakewood Hills Rd Sep -90 Building Permit 9 863 Lakewood Hills Rd Jan -81 Septic Permit R 865 Lakewood Hills Rd Nov -68 Building Permit 5 885 Lakewood Hills Rd Jun -59 Building Permit GG 874 Lakewood Hills Rd N Apr -97 Septic Permit The extension of water main should also be considered. Currently. a 6 -inch water main exists at the east end of Oak Pond Road in the Fawn Ridge Development. If included in the City project. it is proposed to connect to the existing water main and extend 6 -inch water main along Oak- Pond akPond Road and Oak Pond Circle to provide service to the existing homes. It is also recommended that a portion of the 18 -inch trunk water main proposed along Cliff Road between Dodd Road and Lexington Avenue in the Water Distribution System Plan be constructed at this time. This 18 -inch connection between North Hay Lake Road and Oak Pond Road will provide a looped system and eliminate a long dead end water main (see Figure 6). The estimated cost for sanitary sewer proposed under this City Project No. 732 is $180.000. The cost for water main is estimated to be 5145.000. IV. RIGHT-OF-WAY AND EASEMENTS The improvements proposed in this report are anticipated to be constructed within the existing platted right-of-way and easements. During final design, any temporary easements required to complete the project, such as those needed for driveway reconstruction, will be identified and obtained. V. PERMITS A permit from Dakota County will be required for construction of the street, sanitary sewer, and water main in the Cliff Road (County Road 32) right-of-way. Wetland permits may be required for construction of the storm sewer and access road. A permit from Metropolitan Council Environmental Services will be required for the sanitary sewer construction and a permit from the Minnesota Department of Health will be required for the water main construction. VI. ESTIMATED COSTS The estimated cost of City Project No. 732 is summarized below in Table 2. The estimated cost includes a 10 percent contingency and an additional 30 percent for design. inspection. administration and capitalized interest. A detailed estimate of construction costs is included in the Appendix. TABLE 2 Estimated Costs City Project No. 732 Oak Pond Road and Oak Pond Circle IImprovement Cost Streets Street Reconstruction 5171,000 Driveways and Curb and Gutter S 48,000 Storm Sewer Lateral S 47,000 Trunk S 29,000 Sanitary Sewer Lateral S 66,000 Trunk S114,000 Water Main Lateral S 52,000 Trunk S 93,000 Total Project Cost S620,000 10 A 6F VII. AFFECTED PROPERTIES The properties in the area that are affected by the proposed improvements and require notification of the public hearing are listed below: r " A B C D E F G H 1 L M N O P Q R S V W X Y Z AA BB CC DO EE FF GG HH I I 11 KK LL NM NN 00 Property 1. D. 10.44350-150.00 10-53600-010-02 10.53600-020.02 10.53600-010-01 10.53600-020-01 10-53601-010-01 10-53601-020-01 10-53601-030-01 10.53601.040-01 1 G-53601-020-02 10-53601-010-0'-- 10-02600.021= 7 10-53601-0-0-00 10-02600-030-77 10-64500-010-01 10.64500.021-01 10-64500-022-01 10—"350-010.00 10-44350-040-00 10-44350-041.00 10-44350-050.00 10.44350.060-00 10-84300-055-00 10-44351-010-01 10-44351-020-01 10-44350-200.00 10-44350-190.00 10-44350.180-00 10-14350-170-00 10-44350-160-00 I0-44350-131-00 10.44350.070-00 10-44350-081-00 1044350.090-00 1044350-100-00 10.44350-110.00 10-44350.120.00 10-44350.130-00 10-44350.140-00 See Figure 7 for Parcel Map Property Descriotlon La 15 South 250' Lot I Block 2 Lot 2 Block 2 Lot I Block 1 Lot 2 Block I Lot 1 Block 1 La 2 Block I Lot 3 Block I Lot 4 Block I Lot 2 Block 2 Lot I Block 2 Exception east of Outlot B Oudot B Exception west of Oudot B Lot I Block I Lot 2 Block I Lot 3 Block I Lot I Las 2.3 & northerh IQ Lot 4 Lot 4 Southerly half Lot 5 Lot 6 poL5 Lot I Block I Lot 2 Block I Lot 20 Lot 19 Lot IS Lot 17 Lot 16 Lot 15 Remainder La 7 Lot 8 La 9 Lot 10 Lot 11 Lot 12 Lot 13 Lot 14 LAKEWOOD HILLS OAK POND HILLS OAK POND HILLS OAK POND HILLS OAK POND HILLS OAK POND HILLS 2ND ADD OAK POND HILLS 2ND ADD OAK POND HILLS 2ND ADD OAK POND HILLS 2ND ADD OAK POND HILLS 2ND ADD OAK POND HILLS 2ND ADD OAK POND HILLS 2ND ADD ROCKA OODS WOODS ADD ROCKWOODS WOODS ADD ROCKW'OODS WOODS ADD LAKEW'OOD HILLS LAKEWOOD HILLS LAKEWOOD HILLS LAKEWOOD HILLS LAKEW DOD HILLS WILDERNESS RETREAT LAKEWOOD HILLS 2ND ADD LAKEWOOD HILLS 2ND ADD LAKEWOOD HILLS LAKEWOOD HILLS LAKEW DOD HILLS LAKEWOOD HILLS LAKEWOOD HILLS LAKEWOOD HILLS LAKEWOOD HILLS LAKEW'DOD HILLS LAKEWOOD HILLS LAKE% DOD HILLS LAKE% DOD HILLS LAKEW'OOD HILLS LAKEW OOD HILLS LAKE% DOD HILLS 11 /dg/ Address 855 Cliff Rd 4590 Oak Pond Rd 4580 Oak Pond Rd 4575 Oak Pond Rd 4565 Oak Pond Rd 4545 Oak Pond Circle 4535 Oak Pond Circle 4529 Oak Pond Circle 4523 Oak Pond Circle 4524 Oak Pond Rd 4540 Oak Pond Rd 825 Cliff Rd (Cin propem ) 835 Cliff Rd 859 Lakewood Hills Rd 861 Lakewood Hills Rd 863 Lakewood Hills Rd 865 Lakewood Hills Rd 885 Lakewood Hills Rd 885 Lakewood Hills Rd 905 Lakewood Hills Rd 915 Lakewood Hills Rd 935 Lakewood Hills Rd N 912 Lakewood Hills Rd N 912 Lakewood Hills Rd N 906 Lakewood Hills Rd N 904 Lakewood Hills Rd N 890 Lakewood Hills Rd N 882 Lakewood Hills Rd N 873 Lakewood Hills Rd N 874 Lakewood Hills Rd N 914 Lakewood Hills Rd 901 Lakewood Hills Rd 896 Lakewood Hills Rd 894 Lakewood Hills Rd 888 Lakewood Hills Rd 870 Lakewood Hills Rd 864 Lakewood Hills Rd N 871 Lakewood Hills Rd N VIII. ASSESSMENTS A. ASSESSMENT SUMMARY A portion of the cost of City Project No. 732 is proposed to be assessed to the benefiting properties on a per -lot unit basis. Five parcels in the plat and two on Cliff Road are identified as being large enough to subdivide into two lots and are proposed to be assessed as two units. A proposed assessment summary is presented in Table 3 on the following page. Refer to Figure 7 for a parcel assessment map. Eagan's assessment policy for street reconstruction and utility improvements is summarized as follows: Proposed Impro%ement Bituminous Street Reconstruction \'ew Concrete Curb Driveway Reconstruction Storm Sewer - Lateral Improvements Storm Sewer - Trunk Improvements Sanitary Sewer - Lateral Improvements Sanitary Sewer - Trunk Improvements Water %lain - Lateral Improvements Water %lain - Trunk Improvements Single Family Residential Assessed Cite Funded 750/0 254'0 100% 04/0 100% 0% 0% 100% 100% 0% 0% 100% 100% 0% 0% 100% However, the City has obtained preliminary appraisals that estimate the benefit that each unit will receive if the project is completed. The appraisals identified a benefit of 57,000 for street and storm sewer improvements and a benefit of 57,000 for sanitary sewer and water main improvements. The appraisals place a cap on how much of the project may be reasonably assessed, therefore. the proposed assessments shown in Table 3 reflect the appraisals. The balance of the project costs will need to be financed by the City's major street and utility funds. INRF 3 ASST SSMLNI SUMMARY C IIV OI IA(,AN IWO k t,I NO /12 OAK IA TNI) Rt W) SIM L I M U M MI NI5 IIY 1770!$764141 PROJECT COST STREET AURA jA7tRAL ��AT*)STORM STORMTERSAWATERUIlRAL 11ilMKNAI 1161NK 1Rl1NK IOIAI 529.02511/.990 $114111 S97.9W $619.693 PROPOSED ASSESSMEWS PREVIOUS ASSESSMIEMS SINGLE FAMILY PARCEL STREET STORM SANITARY SANIARY WATER IPUNK I AM STORM TRUNK ANN WATER IRUNK (2) IN" PIN _ _ TOTAL _STORM SAN WATER A - 10 44 350 150 00 655 CMI Rd 7.000 5.619 695 $14170 Y N N IT 10 51700 010 02 4590 Oak Pad Rd 7.000 5619 695 $14.174 _ Y N N (1) c 10 51600 020 02 4560 Oak Pont Rd 14000 11.237 1.120 1. $26.747 _ _ V N N _ _ U 10 51000 010 01 4575Oak PadRO 7.00 _ 5619 - 660 _ 695 - $14.374 Y -- - N N 1) _ 1 10 51600 020 01 4565 Oak Pond Rd - - - _ -- -14000 11.237 1.720 I $25.747 V N N (1) 1 10 53601 010 01 4545 Oak lard Cock, 14,000 11.237 1.720 I,M 526.747 Y N N O 10 MMI 020 01 4535 Oak Pahl C4cb 7.000 5,619 11W_ 695 $14,314 _ Y N N 11 10 53WI 030 01 4529 Oak Pond Ckcle 7,0W 5.619 660 - -1.720 -8% 514.374 Y N N (1) 1 10 53601 040 01 45230ak Panel C008- 14000 11.237 1.790 $26.747 Y N N 1 10 53601 020 6245240uk ILal Ph1 /.m 5619 mo 695 $14.314 Y N N K 10 WWI 010 02 4.10 OWI lard Ml 7LXK) 5619 61R 695 S14374 Y N N 1,4) 1 10 07600 021 11 625 CMI Rd 11,237 _ 1.720 _ _ I. $14747 Y_ N N M 10 51001 020 W (Clly popedy) 7.00 11.237 516237 1.4)N 10 07600 OW 77 M CMI Rd 11.217 1,720 1.790 S14.747 _ V N N 0 10 64500 010 01 659 Lakewood Hills Rd - - _ - $0 y y y - 11 10 64500 011 01 6611okewo0t1116 Rd SO V Y Y tJ 10 64.0 02.1 01 663 lakewu[rl l b lkl 060 $600 Y N N It 10 44350 010 IU MS lokew(xr1 Ili. MI ow 5660 Y N 11 10 "350 040 W 665 lokewood f Nh Rd _ _ $660 _ Y N N _ V 10 44350 041 W 665 Lakewood M Rd _860 5660 Y N N 10 44350 050 00 905 LOkew fell Rd 660 SW Y N N • X 10 443W 060 00 915 Lakewood Hila 90 &a 5660 V N N Y 10 64300 055 0 935 Lakewood LYs Rd N 1160 $060 _ 1 10 MW 010 Of 912 Lakewood /IRs Rd N 660 5660 N N N AA IU 44151 OAl 01 '212 Lakewn14 J I M W N 600 5660 N _ N N 14s 10 4431.0 200 W 906 Lakewood IIRs Rd N 560 5660 N N N (:C 10 44350 190 00904LdwYAK)IlIds RdN 560_ 566[1 N N N 110 10 443.`0 160 00 690 Lakewood 11Rs Rd N 660 5660 N N N I k 10 44150 170 00 66.2 Lakewt JIM$ Ph1 N 660 5660 N N N I F 10 443W 160 W 6711okewood FIRS RU N _560_ _ S11W _ N N N t:O 10 44150 151 W 614LukOwoodFIRSRdN 660 _ SM N N N 161 10 44350 070 00 914 Lakewood Lillis Rd 660 $660 Y It N K 10 44350 061 W 901 Lukewoodllils Rd 660 5660 Y N N N 10 4435 O90 00 696 L ukewoal 1-1116 Rd 660 $660 V N N KK 10 443:0 10 (IO 694 Lukewotrd N! Rd 660 _ _ $660 _ N N N 1 L 10 44350 110 W 686ltskewoo0 H& Rd 5660 N N N MM 10 "350 I2U I0 6)Olakew 1111,11d 61 5660 N N N 1IN 10 443.1 130 W 664L(*.xx)d TMs Rd N so $660 N 14 N 110 10 "1.) 140 10611 Lt1kow," l l Ys Rd N ko 5660 N N N IOIAI 5117.010 $n $117990 536170 $17,005 SM. 115 1111•. PAWL IIN11TOY IT it AY4Y]SII AI11A1111 �1 �IY 111) 11IN ) 111P.1111111At ldI WIRRIIAtli I) Ifl kA 4 NIIAl IAINIKW M1'N RAII LA�I4144N —III) B. ASSESSMENT FINANCING OPTIONS At the time of the assessment hearing. property owners will have the option of paying any portion of the assessment following the assessment hearing or including the assessment as part of their property tax statement. If the assessment is included on the property tax statement. the assessment will be spread over a 15 -year period at an interest rate determined by the bond sale financing this improvement. The following payment schedules would result based on a 7 percent interest rate for the proposed assessment amount. Assessment = 514,374 Principal/Year Interest Year 1 st Year $958 S 1.929* 2nd Year 5958 S 9:9 15th Year 5958 S 67 Assessment = 528.747 Princival/Year 1st Year 51.916 2nd Year 51.916 15th Year S 1.916 • Inc ludes 23 months of interest for the first year. Interest'Yeaz 53,857* S1.878 $ 134 Cost"Yeaz S'_.887 S 1.897 51.02: Cost/Year $5.773 53.794 52.050 Cost>lonth 5241 $158 S S� Costllonth 5481 5316 5171 IX. REVENUE SOURCES Revenue to cover the cost of City Project No. 732 is estimated as follows: The estimated project cost deficit of S354.005 will be financed by the City's major street and utility funds. Project Assessment City Cost Revenue Contribution A. Streets and Storm Sewer(') $264.743 3105,000 5159.743 B. Storm Sewer - Trunk S 29,029 $ 0 S 29,029 C. Sanitary Sewer and Water Main 3117,990 3106,753 S 11.237 D. Sanitary Sewer - Trunk $114.171 S 36.120 $78.051 E. water Main - Trunk S 92.950 S 17,005 S 75.945 Total Balance 5618,883 $264,878 5354,005 '"Includes street reconstruction, new curb and gutter. driveway reconstruction and lateral storm sewer improvements. The estimated project cost deficit of S354.005 will be financed by the City's major street and utility funds. X. PROJECT SCHEDULE The proposed schedule for City Project No. 732 is as follows: Present Feasibility Report to City Council April 21, 1998 Hold Public Heating May 19, 1998 Approve Plans and Specifications July 7, 1998 Advertise for Bids July 8, 1998 Open Bids July 30, 1998 Award Contract August 4, 1998 Construction Complete November 1, 1998 Hold Assessment Hearing January 1999 First Payment Due with Real Estate Takes May 2000 16 APPENDIX • Preliminary Cost Estimate . Figure 1 -- Project Location Map • Figure 2 -- Proposed Street and Storm Sewer Improvements • Figure 3 -- Proposed Typical Section • Figure 4 -- Proposed Sanitary and Water Main Improvements • Figure 5 - Trunk Sanitary Sewer Improvements Figure 6 -- Trunk Water Main Improvements Figure 7 - Assessment Parcel Map /115� SRF CONSULTING GROUP, INC COMM NO 0972902 H. \CIVIL\Od7\29C2\ExCEL\EsY2902xis DATE PRINTED d/23/98 PRELIMINARY COST ESTIMATE CITY OF EAGAN PROJ. NO. 732 OAK POND ROAD STREET IMPROVEMENTS Page 1 /146p UNIT ESTIMATED TOTAL ITEM NO. ITEM DESCRIPTION UNIT PRICE QUANTITY AMOUNT 2101.502 CLEARING TREE $20000 5 Si.000 2101.507 GRUBBING TREE $200.00 5 S1.000 2104.501 REMOVE PIPE CULVERTS LIN FT $8.00 60 S4180 2104.513 SAWING BIT PAVEMENT LIN FT $3.00 140 $420 2105.501 COMMON EXCAVATION P CU YD $700 4.000 528.000 2105.507 SUBGRADE EXCAVATION CU YD $7.00 500 S3.500 2105.522 SELECT GRANULAR BORROW CV CU YD $8.00 2,200 S17.600 2105.609 GEOTEXTILE FABRIC TYPE 5 SO YD $1.00 1,800 51.800 SUBTOTAL S53.8C0 CONTNGENCIES 10% 55.38C SUBTOTAL $59 18C INDIRECT COSTS 30% S17.75a TOTAL GRADING $76.934 2211.503 AGGREGATE BASE CV CL 5 CU YD S15.00 1,100 $16.50C 2232.501 MILL BITUMINOUS SURFACE SO YD S200 5.000 $10.000 2340.508 TYPE 41 WEARING COURSE MIXTURE TON $24.00 430 S10.320 2340.514 TYPE 31 BASE COURSE MIXTURE TON S2600 650 S16.9CO 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GALLON $200 260 S52C SUBTOTAL S54.24C CONT NGENCIES 10% SS.a2a SUB'C-AL $S9 6641 INDIRECT COSTS 30% $17.899 TOTAL PAVING $77,563 2211.503 AGGREGATE BASE CV CL 5 CU YO $1500 150 S2.250 2340.518 TYPE 41 BITUMINOUS MIXTURE FOR DRIVEWA TON SCC 00 100 $41.x0 2531.501 CONC CURB AND GUTTER DESIGN 8618 LIN FT $750 3.600 $27.CCC SUBTOTAL 533.250 CONT NGENCES 10% 53.325 SUBTOTAL $36.575 NDIRECTCOST$ 30% $10.973 - 2501.515 2501.515 2502.541 2503.541 2603.541 2503.54i 2506.502 251.1 505 TOTAL NEW DRIVEWAYS 15' RC PIPE APRON _ 21- RC PIPE APRON 4' PERF TP PIPE DRAIN_W! FABRIC 15' RC PIPE SEWER DESIGN 3006 18- RC PIPE SEWER DESIGN 3006 _21- RC PIPE SEWER DESIGN 3006 CONST DRAINAGE STRUCTURE (48') HAND PLACED RIPRA_ P_ SUBTOTAL _ _ _CONTINGENCIES(10%) ------------- SUBTOTAL- -_ ____ . INDIRECT CO5T_5 (30%) _ -_ _ - ----- TOTAL LATERAL STORM SEWER EACH EACH LIN FT LIN FT LIN FT _LIN FT EACH ..,-. -- 5450.00 $500_00 -$10.00 $25.00 $27 00 ___440 _53000_ S1_2C0-00_ -------_ _ _ -- _ 1 _1 100 140 210_ _ _ 7 ___ - --- --- - -_ - $47,508_ - _5450_ $SCC _Sj.xO S3.500_ _ -$ 1,88C - _ 56_3CC SB.aCC $32.:30 _ S3.2_3 S3� 393 ; to - 546.661 Page 1 /146p SRF CONSULTING GROUP. INC. COMM. NO 0972902 H: \ C IVIL\047 \ 2902 \ EXCEL\ Es12902. xis DATE PRINTED 4/23/98 PRELIMINARY COST ESTIMATE CITY OF EAGAN PROJ. NO. 732 OAK POND ROAD STREET IMPROVEMENTS Pogo 2 UNIT ESTIMATED TOTAL ITEM NO. ITEM DESCRIPTION UNIT PRICE QUANTITY AMOUNT 2501.515 1S- RC PIPE APRON EACH S450.00 2 5900 2503.541 15' RC PIPE SEWER DESIGN 3006 LIN FT S25.00 130 S3.250 2511.505 HAND PLACED RIPRAP CU YD S6000 10 5600 2101.502 CLEARING TREE 5200.00 15 $3.000 2101.507 GRUBBING TREE $200.00 15 $3.000 2105.501 COMMON EXCAVATION P CU YD S7.00 400 52.800 2218.502 AGGREGATE SURFACING CL 5 CU YD$15.00 250 $3.750 2573.502 SILT FENCE - HEAVY DUTY LIN FT 53.00 500 51,500 2575.501 SEEDING ACRE 52.500.00 0-6 51.500 SUBTOTAL 520.300 CONTINGENCIES 10% S2'030 SUBTOTAL 522.330 INDIRECT COSTS 30% $6.599 TOTAL TRUNK STORM SEWER $29,029 2451.602 TRENCH ROCK TON 510 00 50 5.500 2503.602 8' PIPE PLUG EACH $50.00 1 $50 2503.602 8' X 4' PVC WYE EACH SICC 00 11 $1.100 2503.603 4- RISER PIPE LIN FT 510 00 24 $240 2503.603 4' SANITARY SERVICE PIPE L:N FT $800 300 S2.400 2503.603 8- SAN PIPE SEWER SDR 35 0.10' LIN FT S1800 920 516.560 2503.603 8- SAN PIPE SEWER SOR 35 10'-15' LIN FT S2200 550 $12.100 2506.802 CONSTRUCT SANITARY MANHOLE 0' 8' EACH S 1.200.00 8 $9.500 2506.603 MANHOLEOVEROEPTH UN FT Stcc00 35 $3.500 SUBTOTAL $46.050 CONTINGENCIES 10% 54.505 SUBTOTAL $50.655 INDIRECT COSTS 30% $15.197 TOTAL LATERAL SANITARY SEWER 65 652 2503.601 SANITARY SEWER PUMP STATION LUMP SUM $50,000.00 1 $50.000 2503.601 SERVICE PANEL LUMP SUM $15.000.00 1 515.000 2503.603_ 4' SANITARY FORCE MAIN LIN FT $14.00_ 1,060 $14.640. SUBTOTAL - - S79=940 _ CONTINGENCIES (10%� --- S7,984 SUBTOTAL --$87'324 - - INDIRECTCOSTS --- $26.347 - _ _TOTAL TRUNK SANITARY SEWER - =111,171 - 2504.802 1' CORPORATION STOP EACH SdaO _ 2504.602 _ 1' CURB STOP AND BOX_ _ EACH $80.00 11 _ _$880 2504.802 W GATE VALVE AND BOX EACH $38000 _7_ _ _ __52.450 _ _ 2504.620 FITTINGS POUND 52 00 ,_ 1200 _._ SZ4C0 2504_602 _WATERMAIN CONNECT TO EXIST WATERMAIN EACH $500:00-_1 _ _ _ $SGC 2504.802 HYDRANT EACH _S1.SOOAO_--3_ $4_500 2504.503 _ 1' TYPE K COPPER SERVICE PIPE_.______ LIN FT 58 -_. _330 52.5-C 2504.603 6' WATERMAIN DUCT IRON CIL 52 _LIN FT_- $15.00 __ 1,510 S22.550 SUBTOTAL Pogo 2 SRF CONSULTING GROUP, INC COMM. NO 0972902 H: \ CIVIL\ 047 \ 2902 \ EXCEL\ Es12902.xIs DATE PRINTED 4/23/98 PRELIMINARY COST ESTIMATE CITY OF EAGAN PROJ. NO. 732 OAK POND ROAD STREET IMPROVEMENTS Pose 3 //4-F, UNIT ESTIMATED TOTAL ITEM NO. ITEM DESCRIPTION UNIT PRICE QUANTITY AMOUNT CONTINGENCIES 10% $3.646 SUBTOTAL $40.106 INDIRECT COSTS 30% 512.032 TOTAL LATERAL WATER MAIN $52,138 2504.602 HYDRANT EACH $1.500.00 3 54.500 2504.602 AIR RELIEF MANHOLE EACH $2.000.00 2 54.000 2504.603 18' WATERMAIN DUCT IRON CL 52 LIN FT 530.00 1,500 $45.000 2575.501 SEEDING ACRE $2.500.00 2.6 $6.500 2563.601 TRAFFIC CONTROL LUMP SUM $5.000.00 1.0 $5.000 SUBTOTAL $65•000 CONTINGENCIES 10% S6.5CC SUBTOTAL $ 71, 500 INDIRECT COSTS 30% $21,4'0 TOTAL TRUNK WATER MAIN $92,950 2573.501 BALE CHECK EACH 55.00 30 $150 2573.502 SILT FENCE - HEAVY DUTY LIN FT 53.00 2D0 WO 2575.501 SEEDING ACRE $1,500.00 1.0 $1.500 2575.502 SEED MIXTURE. TYPE 500 POUND 55.00 50 $250 2575.505 SODDING TYPE LAWN W/ 4' TOP SOIL SO YD 5200 4,000 S8.000 2575.512 MULCH MATERtAI. TYPE I TON 5200.00 2 SAM 2575.532 COMMERCIAL FERT ANALYSIS 10-10.10 LBS S050 630 $315 SUBTOTAL $11,215 CONTINGENCIES 10% $1.122 SUFOTAL $12.337 INDIRECT COSTS 30% 53.701 TOTAL TURF ESTABLISHMENT $16,037 TOTAL PROJECT18,883 Pose 3 //4-F, ) i IJ 1 \ n "i Yi wlY L 7 r .1 "•111 .J'11n N, • Kr.1� N 1/ t KlN1 Y0 l.. 0 F t(J n Y r ) i IJ 1 \ n "i Yi wlY L 7 r .1 "•111 .J'11n N, • Kr.1� N 1/ t KlN1 Y0 l.. 0 F t(J Y 1.. .. \� r�C) rri O w -_1 _ �••� IJ L Y p r L 7_ -p O m I m --1 In ) i IJ 1 \ n "i Yi wlY L 7 r .1 "•111 .J'11n N, • Kr.1� N 1/ t KlN1 Y0 l.. 1 F t(J Y 1.. .. �� tM`wvl A, t� Md 1. .� •N• T L. �IaN,ll• Y .l .t,, Ilu,wall, '44 IN •P SIM 4NNIM 1/N IN CITY OF EAGAN ® C. P. NO. 732 OAK POND RD. STREET IMPROVEMENTS PROPOSED STREET AND STORM SEWER IMPROVEMENTS V ARE 2 -PA CEL ID I TYP I � LP -r" POND ® aocxW000s , � 3 60, .5.- OU110 Y \ OAK WOODSOL S OT \ POND LP -34 -�"y O CITY OF EAGAN ® C. P. NO. 732 OAK POND RD. STREET IMPROVEMENTS PROPOSED STREET AND STORM SEWER IMPROVEMENTS V ARE 2 Ci 60, S OT \ -�"y OAK OE2 BL CK � Q } R. 441 O \ �. r_.. i LOT _ CLIFF ROAD LEGEND -�� EXIST. STORK SEWER, -�� PROPOSED STORM SEWER � \\ ---- EXIST. ROADWAY PROPOSED ROADWAY / \ 200'® PROPOSED ACCESS DRIVE CITY OF EAGAN ® C. P. NO. 732 OAK POND RD. STREET IMPROVEMENTS PROPOSED STREET AND STORM SEWER IMPROVEMENTS V ARE 2 R/W R/W 60 It OAX POND ROAD vARiES Q3,= PAVEMENT SECTION: 1 VZ" BITUMINOUS WEAR COURSE 2" BITUMINOUS BASE COURSE V AGGREGATE BASE 12' GRANULAR BASE CITY OF EAGAN C.P. NO. 732 OAK POND RD. STREET IMPROVEMENTS TYPICAL STREET SECTION /c;� FIGURE 3 `.f PA CEL ID ITYPI� i pQND LP -6 1 ® ROCKY1pQ05 I r� i►` OUTLOT \ / OAK 1 / �...�... os ® Od,`,_' I / POND POND LP -14 � - / pdy 'a✓ ^— I ~_ FUTURE <0 _ SAN. SEWER O ADO. P 0 CISED 3, ;6 W.M. lOT KILLS / \ 1 J 2 l -T T` OAK 2md '6r O PROPOSED © LIFT STATION Q Cv PROPOSED 8" is 441} 5AN. SEWER QB NAL OV A. C— i L a � — O _ PROPOSE 18' r,`\ ,��� V _ _ WATER AIN • I LOT CLIFF ROAD �( LEGEND -- EXIST. WATER MAIN.' —•— PROPOSED WATER MAIN ! -- FUTURE WATER MAIN --+ EXIST. SANITARY SEWER —<--. PROPOSED SANITARY SEWER -- O G0C FUTURE SANITARY SEWER —<—<— PROPOSED SANITARY FORCE MAIN CITY OF EAGAN FIGURE ® C.P. NO. 732 OAK POND RD. STREET IMPROVEMENTS 4 c....l„q cw.P. l... PROPOSED WATER MAIN AND SANITARY SEWER IMPROVEMENTS � az A „ Kl� \ / % 12 PP3 24 —1 / i %4�410w- PAR I ..�.. .ll AOL ±C a* I • ^ABB S�L 4 w> -vu• __ - i HA.� __i Y-w.r,t LIR[ •� =� mar— r Y �• ✓� • y ALTERNATE LIFT STATION LOCATION LEGEND — EXIST. TRUNK SEWER PROPOSED TRUNK SEWER M EXIST. LIFT STATION ~ AND FORCE MAIN PROPOSED LIFT STATION Q� ~ AND FORCE MAIN polCl"bAg G—P, he CITY OF EAGAN C.P. NO. 732 OAK POND RD. STREET IMPROVEMENTS PROPOSED TRUNK SANITARY SEWER IMPROVEMENTS i >W'.%, fY.O .D �I c C -CC 18" ' L..[a'�D1yI Wonm 31 iL ALTERNATE LIFT STATION LOCATION LEGEND — EXIST. TRUNK SEWER PROPOSED TRUNK SEWER M EXIST. LIFT STATION ~ AND FORCE MAIN PROPOSED LIFT STATION Q� ~ AND FORCE MAIN polCl"bAg G—P, he CITY OF EAGAN C.P. NO. 732 OAK POND RD. STREET IMPROVEMENTS PROPOSED TRUNK SANITARY SEWER IMPROVEMENTS i x y^ l/ 'Fwaaw[_ Ips .no f' -x 0 2000' . rs - - .Ie uaaao ® I a.p r ]. _. . -. �fawl.a :. d .e •Yo 1 2 I rallMt �. ao .o u K�fiM(rv_-�LIE •e°�'-YMOd ��^ � Z►0 � � -a.i .a( aF•a og WAl !n1 �� �--+-�-• � _ - - flGk ypr F� µ i •pnaoc as aoao �"– - -off 1Y#• E d PROPOSED TRUNK ?•JJ t i �i WATER MAIN TA CONSTRUCTION •105 � .Si "ORI +.—.o.- a°° I — ® � C ,. I LEGEND EXIST. TRUNK WATERMAIN �— PROPOSED TRUNK WATERMAIN CITY OF EAGAN FIGURE ® C.P. NO. 732 OAK POND RD. STREET IMPROVEMENTS 6 c....uwc.aP.l.. PROPOSED TRUNK WATER MAIN IMPROVEMENTS Y'pwtRY nt.i6, I � I p I 7_. r7 nm/ C) r CLIFF ROAD (CO. RD. 32) _ 1 X LEGEND C 3C' Q. ASSESSMENT PARCEL CITY OF EAGAN ® C.P. NO. 732 OAK POND RD. STREET IMPROVEMENTS Cw.Ma$ Gmp. L t ASSESSMENT PARCELS / COD S� FIGURE 7 \1n "W. JY r. � 1 s • ♦ •a� • Qss s s r a • • • -r ^ NO VM IN -, • �. • •• C.a.a.M. y0 - a • n. . •NNr Ar C.a.A.M. NO. 32 (Curr ROM V I I 1 City of Eagan Existing On -Site Wastewater Disposal System Disposal Facility Building Footprint Water Parcel Lines OAK POND ROAD AND OAK POND CIRCLE STREET IMPROVEMENTS INFORMATION NEIGHBORHOOD MEETING THURSDAY, APRIL 23,1998,6:30 P.M. Attendance Tom Colbert, Russ Matthys, and Kurt Schlaegel — City of Eagan and Jim Dvorak — SRF Consultants. Approximately 18 people representing 10 properties. (See attached sign -in sheet.) City Engineer Russ Matthys welcomed the residents and introduced staff. He gave a brief synopsis regarding street life cycle, street maintenance program, the City's 5 -Year C1P, and the public improvemenL'assessment process. PCI for street is 18. Street condition is within reconstruction range. Street, sewer & water considered. The utilities are being considered to maximize the investment in the street. Prefer not to tear up new streets to install utilities in the near future. 1 i * , u u : ■ Jim Dvorak (SRF) reviewed project details. Scope of improvements, cost estimates, proposed assessments, schedule & construction details. Why work between ponds? Erosion — put pipe in to stop erosion and control flow between ponds. 2. Where is cost of lift station? I rusk sanitary sewer cost estimate. 3 Where is cost of "atermain on Cliff Road? Trunk water main cost estimate. 4. Staff asked if there were any well or septic problems? "No." 5 "Are you serious?" "1 am offended by this presentation." According to the Pavement Management Program that the City has incorporated, the streets within the neighborhood need to be reconstructed. Staff would be irresponsible to not consider utilities along with a new street. The report details the estimate of all of the potential costs for both the property owners and City Council to consider. 6. Would property values go up? Yes, according to the preliminary appraisals. /a� ?. Are my taxes going to go up, too? The benefit to the value of your property due to an improvement may affect your property taxes, but the county's valuation typically is not upgraded with an improvement. 8. What are the options that we have? From do nothing to do everything (street & utilities) and anything in between. 9. What were the maintenance procedures up to this point? We've see no maintenance. There appears to have been no street maintenance improvements completed for Oak Pond Road and Circle since they were constructed. The condition of the street may have been below the overlay criteria when the City initiated the Pavement Maintenance Program. 10. is there a separate breakdown of costs for the wetland improvements? The cost is included within the trunk storm sewer estimate and would be paid by the City. 11. Why not do Just the northeast portion of the neighborhood? The southwest portion of Oak Pond Road was reconstructed due to the construction of a storm sewer in this section of road. Although it appears to be in better condition than the rest of the road it is substandard and would be disturbed by any utility installations. 12. How much has been spent already on this project? Staffs time and the consultant's time to prepare and present the feasibility report. This work needs to be done in order to give property owners and Council adequate information to consider. 13. Doesn't some of my gas tax cover some of the cost? A portion of the gas taxes we all pay come back to the City for the purposes of street maintenance and construction. The State has established rules for the use of said money. Oak Pond Road and Circle do not meet the criteria to use said funding. 14 Is new storm sewer to dump into previously built storm sewer? The new storm sewer would first be discharged into Pond LP -34 for treatment purposes and then outlet through the existing storm sewer. 15. Does anyone have a cost estimate on actually hooking up the utilities to the house? Estimated costs for sen ice connections could be 51500 for sanitary sewer and $1500 for water. Trunk charges arc $860 for sanitary sewer, $895 water. SAC is $1100. WAC is $807. Water treatment charge is $444. 16. Are there additional costs to abandon old well and septic systems? You would need to contact Dakota County. If you abandon a well you may need to cap it. Otherwise disconnect from house and use to water lawn and wash car Septic tank may need to be broken and filled with sand. WWW 17 Isn't there a reasonable limit to bow much can be expected of the homeowner to pay? The basis of the appraisal is to justify the potential market value increase based upon the improvements. The City cannot assess more than the value of the improvements 18. If everybody says no this project, what will Council do to fix just the street? That is a question that should be posed to the Council. 19. Why all or nothing? Isn't there anything in between? Yes, there are options in between all or nothing. The report provides information to bring the neighborhood to the City's standard level of service. Consideration should be given by the City to making the most out of its investments with the improvements. 20 Do we have any opportunity to work with the City ahead of time before the Council meeting to come up with an alternate plan? The neighborhood can work together to discuss the desired options and prepare for the public heanng. Staff is available to assist and provide information, but the neighborhood needs to work with the City Council on any specific direction for improvements. 21. How about just an overlay to improve the street? The Cir: Council would have to approve that 22. Aren't we paying for the City's lack of maintenance, work in the past? Staff presented the portion of the property tax that actually goes to street maintenance. 23. Is it normal for a homeowner to have to "buy" a new road? The cost responsibilities are in accordance with the City's Assessment Policy, are based upon the type of improvement, and are used throughout the City. 24. Does State money go toward street improvements? On designated State Aid routes, which Oak Pond Road and Circle are not. 25 We bongbt in 1996. 1 called the City to check if improvements were planned. I was told no'' The streets within Oak Pond Addition were included as part of the 5 Year Capital Improvement Program in 1996. You should have been told yes. 26. Could you (the City) generate some cost projections on just an overlay? Yes 27. Can we stretch payments out longer? 20 - 30 years. The City Council would have to approve that. 126 28. if the appraiser says 54,500, can we do it for that? The appraiser recommends a value of the benefit of the improvements and the assessments are typically limitod to the benefit amount. The City Council would have to decide whether or not they felt the City should cover the remainder of the cost of the improvement. 131 NAME INFORMATIONAL MEETING OAK POND ROAD 85 OAK POND CIRCLE STREET IMPROVEMENTS THURSDAY, APRIL 23, 1998, 6:30 P.M. ADDRESS 6. C4 7. 8. f1'1//���2K a SQ5AYIapP,aS 9. f4r�OQ d-4ce..,E#j�L 12. 13. 14. 15. 16. 17. 1 B. 19. 20. H FORM&Sign-1m1y EllF�I 1� , ► 0 qsa-3 c0r-L4 end Ck, .g S'75-04« no,Ja deb Z)s vsa5Oct cr Cv� 455'51 i� re " Ss'Izti OAK POND RD & OAK POND CIRCLE (2i' Meeting) CITY PROJECT 732 INFORMATIONAL NEIGHBORHOOD MEETING TUESDAY, MAY 12, 1998 6:30 P.M. COMMUNITY ROOM Attendance: Russ Matthys, City Engineer; Jim Dvorak, SRF Consulting Engineers; and approximately 10 residents representing 5 properties. (See attached sign -in sheet.) 1. Welcome and Introduction City Engineer Matthys welcomed the residents. Consultant Dvorak presented details of the feasibility report. What is the difference between the construction cost for each lot and the appraised value? The construction costs, and the proposed assessments in the case of the Oak Pond Additions, are equal to the actual cost to construct the improvements and the associated engineering, administration, and financing fees. The appraised value represents the estimated benefit the improvements provide to the value of the property. 2. Questions regarding appraisals. 3. What if streets were constructed and the utilities were not constructed, would we still be assessed? The properties within Lakewood Hills and those properties with access to Cliff Road would not be assessed. 4. Construction cost comparison — Compare S years ago to today and estimate what could be expected 5 years from now. The cost of construction within this area has not kept up to the rate of inflation. It can be assumed that this would continue in the near future. 133 5. No one who was talked to in the neighborhood wants utilities. Can the City force us to have utilities constructed? The City Council typically supports the wishes of the majority of the neighborhood, although the Council also has the interest of the remainder of the City to consider. In the case of your neighborhood, utilities are not a concern for anyone outside of your neighborhood. 6. Is it a good idea to have one person represent neighborhood — how about take petition and present to Council? That is a great idea that the council really appreciates and respects. 7. Plans for Cliff Road? The County does not have any improvements east of Lexington Avenue proposed for Cliff Road within the next five years. Attachment: Sign -In Sheet 41J■MMISE MINLM-p I.M.Y 13y INFORMATIONAL MEETING OAK POND ROAD CITY PROJECT 732 TUESDAY, MAY 12,1998,6:30 P.M. 6. 7. 8. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. M FORMS/Signdn ADDRESS `Trr t f F_ el z -- Cf Ll /3S Agenda Information Memo May 19, 1998 1 WWA-ey.11311411 4 Wei Diem V 31 14 0 go 1 : :._ MIT ACTION TO BE CONSIDERED: To close the public hearing and approve/deny the vacation of public easements within Eagandale Center Industrial Park No. 9 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On April 10, 1998, City staff received a petition from Michele Foster representing Alscor Investors Joint Venture requesting the vacation of the drainage and utility easements along the common interior property line. • The developer is proposing a replat of this property as Eagandale Center Industrial Park No. 15. • The purpose of the vacation is to allow for the redevelopment of this property by removing underlying easements and avoiding future title problems. • Staff has reviewed the proposed plat of Eagandale Center Industrial Park No. 15 to ensure all necessary easements are dedicated with the final plat. • Public notice for the easement vacation was published in the City's legal newspaper. Additional notices were provided to public utility companies and others who may have an interest in the vacation. No objections to the vacation have been received prior to the preparation of this report. • This vacation request has been reviewed by the Engineering Division and found to be in order for favorable Council action subject to the concurrent recording of the plat of Eagandale Center Industrial Park No. 15. ATTACHMENTS: • Location Map, page/3- • Legal Description & Graphic, pageZR 1210 O v O moc D �co (D cnCD n m m Z V) M C) 0 0 JCO. RD. 31 1l�_ _ — SNELDS o m �q A m A v 1 i n �C P E Z m 0 a x j"4i i EAGANDALE 3lYd� �nl A BLVD LE%MGTON oc 71.N m EASEMENT VACATI❑N FOR: Q ALSO❑R J❑INT VENTURE (� Scale 1'=20' LONE OAK ROAD 10 FOOT DRAINAGE AND UTILITY EASEMEPi- I Lj 1 i Z 0 l/ Z P� x Li 5 FOOT FOR LOT 3. BLOCK 2 5 FOOT FOR LOT 2, BLOCK 2 CLUBVIEW DR. L-1 —1 S'-",6 EAGANDALE CENTER INDUSTRIAL PARK NO. 9 PROPOSED EASEMENT VACATION DESCRIPTION ------------------------------------- THAT PART OF THE DRAINAGE AND UTILITY EASEMENTS OVER LOTS 2 AND 3. BLOCK 2 AS DEDICATED IN EAGANDALE CENTER INDUSTRIAL PARK NO. 9. ACCORDING TO THE RECORDED PLAT THEREOF. DAKOTA COUNTY, MINNESOTA, DESCRIBED AS BEING THE WESTERLY 5 FEET OF SAID LOT 2 AND THE EASTERLY 5 FEET OF SAID LOT 3. Easement /34' Aeenda Information Memo May 19, 1995 Eagan City Council Meeting OLD BUSINESS A. Resolution authorizing the amendment of the Multifamily Housing Revenue Bonds (Thomas Lake Place Apartments Project), Series 1986, and authorizing the execution of various documents in connection therewith. Action To Be Considered: To approve or deny a resolution authorizing the amendment of the Multifamily Housing Revenue Bonds (Thomas Lake Place Apartments Project), Series 1986, and authorizing the execution of various documents in connection therewith. FACTS: • In August of 1986, the City authorized the issuance of $12,975,000 of multifamily housing revenue bonds for the construction of the Thomas Lake Apartments. The applicants are proposing to change the business terms of the financing by reducing the base interest rate on the bonds, eliminating the contingent interest rate on the bonds and extending the maturity on the bonds to 2028. These changes required a public hearing by the City, which was opened on March 17, 1998, continued to April 7, 1998, held, and then closed with no formal action. • The details of the transaction have now been worked out between the owner of the project and the bondholder and the final resolution can be considered by the City Council. • The City's bond counsel, Steve Rosholt of Faegre & Benson, is reviewing the documents on. behalf of the City. ATTACHMENTS: • A copy of the resolution is enclosed on pages through &-k- 13q CITY OF EAGAN, MINNESOTA RESOLUTION NO. 98 - RESOLUTION AUTHORIZING THE AMENDMENT OF THE MULTIFAMILY HOUSING REVENUE BONDS (THOMAS LAKE PLACE APARTMENTS PROJECT), SERIES 1986, AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION THEREWITH WHEREAS: In 1986, pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City of Eagan, Minnesota (the "Cin") issued its 512,975,000 Multifamily Housing Revenue Bonds (Thomas Lake Place Apartments Project) Series 1986 (the "Bonds"), to provide financing for the acquisition, construction and equipping of a 216 -unit multifamily housing development (the "Project") located at 1500, 1510, 1520, 1530 and 1540 Thomas Lake Pointe Road in the City of Eagan by Thomas Lake Housing Associates Limited Partnership, a Minnesota limited partnership (the "Partnership"). 2. The Bonds were purchased by Summit Tax Exempt Bond Fund L.P. which was subsequently merged into Charter Municipal Mortgage Acceptance Company (the 'Bondholder"). The Partnership and the Bondholder have now asked that the City facilitate the amendment of the Bonds and related documents, effective January 1, 1998, including amendments to do substantially the following, subject to such additional changes or modifications as are provided for herein: (a) Reflect the fact that the Bondholder is now Charter Municipal Mortgage Acceptance Company. (b) Extend the maturity date for the Bonds from August 1, 2006 to December 31, 2027. (c) Modify the interest rate structure of the Bonds as follows: (i) the fixed rate of Base Interest, which is absolutely due and payable, will be reduced from 8.5% to 7.5% per annum; Primary Contingent Interest, previously payable from 100% of Net Cash Flow or Net Sale or Refinancing Proceeds at the rate of .75% per annum, will be eliminated completely; (iii) Supplemental Contingent Interest at the rate of 6.75% per annum, previously payable from 25% of Net Cash Flow or Net Sale or Refinancing Proceeds, will be eliminated completely; and (iv) The amounts of the accrued and unpaid Base Interest together with accrued and unpaid Primary Deferred Interest will be specified and capped, and will be deferred without interest until the Project is sold or refinanced. (d) The first date on which the Bondholder may elect mandatory redemption of the Bonds will be extended to approximately January, 2010. The first date on which the Partnership may elect optional redemption, subject to certain prepayment penalties. will be extended to approximately January, 2002. There will be no penalty for prepayment after December 31, 2004. (e) Deposits into the Replacement Reserve Fund will be increased to $250 per unit per annum. (f) The default rate of interest will be 12% per annum rather than the floating rate currently provided in the documents. -2- M 121121971512ujc\dms,Rm1u6cm da 191 4. The continued operation and occupancy of the Project will conform to the terms and conditions of a Regulatory Agreement dated August 1, 1986 between the City, and the Partnership (the "Regulatory, Agreement'). 5. Forms of the following documents (the "Agreements") relating to the modification of the Bonds have been submitted for review to the City Attorney and to the City Council: (a) First Supplemental Resolution; (b) First Amendment to Loan Documents; (c) Restated Bond; and (d) Allonge to Promissory Note. 6. City staff has reviewed the request of the Partnership and the Bondholder that the City consent to the amendments described above, and without determining whether such amendments are advisable or necessary to the Partnership or the Bondholder, recommends approval. 7. A public hearing as required by Section 147(f) of the Internal Revenue Code on the proposal that the Bonds be modified as described herein was opened on March 17, 1998, continued to April 7, 1998 and concluded on such date. NOW, THEREFORE, it is hereby resolved by the City Council of the City of Eagan, Minnesota, as follows: A. The findings with respect to the Project, previously made by the City, in connection with the issuance of the Bonds, are hereby ratified and affirmed. B. The execution and delivery by the City of the "Agreements", and the performance of all covenants and agreements of the City contained in the Agreements, and of all -I- M:112712\971512'u jc\doci Rewl ution doc / other acts and things required under the constitution and laws of the State of Minnesota to make the Agreements valid and binding obligations of the City in accordance with their terms, are authorized by the Act, and are hereby authorized and approved. C. The Loan repayments are fixed to produce revenues sufficient to provide for the prompt payment of the principal of, premium, if any, and interest on the Bonds when due, and the Loan Agreement and Mortgage, as amended, also provide that the Partnership is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project and payable during the term of the Agreements. D. The Bonds shall not be pa}able from or a charge upon any funds other than the revenues pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premium, if any, thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreement which has been assigned to the Trustee under the Bond Resolution; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Bond Resolution; the Bonds, as amended, shall continue to recite that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof, and that the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. No M.\1271I\971517kjOdma Rewlutlon d« /�13 E. The City shall proceed forthwith to amend the Bonds as provided herein and in the Agreements. In that regard, and subject to the approval of the City Attorney, Bond Counsel, and the provisions of paragraph G of this Resolution, the forms of the Agreements and the exhibits thereto are approved substantially in the forms submitted. The Agreements, in substantially the forms submitted, are directed to be executed in the name of and on behalf of the City by its Mayor and by the City Clerk. The Bonds, as amended, are hereby authorized and directed to be executed in the name of and on behalf of the City by the Mayor and City Clerk, and are directed to be delivered to the Trustee for authentication and delivery to the Bondholder. In addition, any other documents and certificates necessary to the transactions described above shall be executed by the appropriate City officers. Copies of all of the documents necessary to the transactions herein described shall be delivered, filed and recorded as provided herein and in the Agreements. F. The Mayor and City Clerk and other officers of the City are authorized and directed to prepare and fiunish to the Bondholder certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the amendment of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. G. The approval hereby given to the Agreements and the Bonds includes approval of (i) such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel, the City Attorney, the appropriate City staff person -5- M:1127121971312kjc\docs\Rc$olution.doc / or by the officers authorized herein to execute said documents prior to their execution, and (ii) such additional documents, agreements or certificates as may be necessary and appropriate in connection with the Agreements and with the amendment of the Bonds, and approved by Bond Counsel, the City Attorney, appropriate City staff person or by the officers authorized herein to execute said documents; and said City Attorney- and City officials are hereby authorized to approve said changes or additional documents on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms thereof. In the event of the absence or disability of the officers, any of the documents authorized by this Resolution to be executed may be executed without further act or authorization of the City Council by any member of the City Council or any duly designated acting official, or by such other officer or officers of the City Council as, in the opinion of the City Attorney, may act in their behalf. H. It is understood and agreed that the Partnership shall pay all costs and expenses of the City arising in connection with the amendment of the Bonds (including attorney's fees and expenses paid or incurred by the City) and indemnify the City against all liabilities, losses, damages, costs and expenses (including attorney's fees and expenses incurred by the City) arising with respect to the Project, the Bonds, or the Agreements approved herein, all as provided for and agreed to by and between the Partnership and the City in the Loan Agreement. Capitalized terms used but not defined herein shall have the meanings given them in the Agreements. -6- M X 12712\911312kjc4bcsVAm1uum cld �� Adopted by the City Council on May 19, 1998 APPROVED: Mayor ATTEST: City Clerk -7- MAI 6 Agenda Information Memo May 19, 1998 Eagan City Council B. EAGAN PROMENADE - CLARIFICATION OF SIGN GUIDELINES ACTION TO BE CONSIDERED: > Clarification of Signage Guidelines for Eagan Promenade. FACTS: > The Eagan Promenade Signage Guidelines state: "Signage will be limited to individual back- lit channel block letters. No can or panel wall signs or exposed neon signs shall be permitted." Staff is requesting Council clarification of whether this provision was intended so that neon would not be visually exposed or physically exposed. > Typically, backlit channel letters are individual letters affixed to the building, the source of illumination is neon tubes, and a translucent plexiglass panel is illuminated from behind by the neon tubes. In Quizno's case, the plexiglass panel is clear rather than translucent and consequently, the neon tubes are exposed to view. The owner has indicated that this is a franchise sign design. > Staff applied the "no exposed neon" provision with the intent of maintaining consistency and compatibility among the signs within the Eagan Promenade development. In staffs estimation, the Quizno's sign with the neon lights directly visible is inconsistent with the other signage throughout the development, even though the letters are physically covered by a clear panel. The developer (Opus) argues that the provision was included in the signage guidelines to prevent neon building accents or signs where the neon is physically exposed and not just visually exposed. ISSUES: > The Quizno's sign was installed without a sign permit being issued by the City. > If the Council's determination is that visibly exposed neon is inconsistent with the signage guidelines, then the Council will also need to decide whether to make an exception for the Quizno's sign to remain as is. If an exception is granted, a sign permit will need to be obtained by Quizno's. ATTACHMENTS: Staff Memo, page ZYJ—/ Z/ 9 Letter from Jay Scott of Opus dated January 2, 1997 — par Letters from the City dated April 15, 1998 and February 1998- �tS �y� city of eagan To: Tom Hedges, City Administrator Mayor and City Council From: Pamela Dudziak, Associate Planner Date: May 15, 1998 Re: Clarification of Eagan Promenade Signage Guidelines BACKGROUND MEMO In January of this year, it came to our attention that Quizno's restaurant had their business sign installed at the community retail center in the Eagan Promenade. The sign was installed without a permit and it appeared that the sign did not meet the signage guidelines with respect to "exposed neon." Staff contacted the representative from Opus who in tum contacted the business owner with regard to both the neon and the lack of a permit. Shortly thereafter, we received the sign permit application from the sign contractor, but the permit fee has not yet been paid and consequently, the permit still has not been issued. With regard to the neon, after discussing the issue with the owner and the developer, it is apparent that there is a difference of interpretation as to the intent of the "no exposed neon" provision. Prior to scheduling this item on the Council agenda, we contacted the business owner twice in writing, with copies to Opus, encouraging them to prepare a written explanation for the Council's consideration, but we did not receive a response. In an effort to resolve the issue, staff is proceeding with this request for clarification without written input from the business owner and developer. SIGNAGE GUIDELINES The Eagan Promenade Signage Guidelines state: "Signage will be limited to individual back -lit channel block letters. No can or panel wall signs or exposed neon signs shall be permitted." Staff has applied the Signage Guidelines with the intent of maintaining consistency and compatibility among the signage within the Promenade development. The Council has been asked to clarify the use of neon within the Promenade before. When the Don Pablo's restaurant was being reviewed for Final Planned Development approval in January of 1997, the Council was asked to clarify the architectural standards with regard to the use of neon lighting. At that time, Opus proposed and the Council approved that neon lighting may be used on exterior elevations of the commercial buildings provided it was intended as accent lighting and not signage and that neon lighting did not blink or move. (See attached letter from Opus dated January 2, 1996.) ISSUE Typically, backlit channel letters are individual letters affixed to the building, the source of illumination is neon tubes, and a translucent plexiglass panel is illuminated from behind. In Quizno's case, the plexiglass panel is clear rather than translucent and consequently, the neon tubes are exposed to view. The owner has indicated that this is a franchise sign design. Both the developer and the business owner argue that the neon on the sign is not exposed since the channel letters are covered by plexiglass. However, since the plexiglass cover is clear rather than translucent, the neon is visually exposed even though it is not physically exposed. Itis this distinction between visually exposed and physically exposed neon as it relates to signage that the Council is asked to clarify in this case. ACTION TO BE CONSIDERED The Council is asked to consider the different interpretations with regard to the "exposed neon" provision of the Signage Guidelines and clarify the intent of this provision. Specifically, the Council is asked to clarify whether neon signage that is not physically exposed, but is visually exposed is acceptable. If the Council determines that visually exposed neon is not consistent with the intent of the Signage Guidelines, then the Council must also determine whether to make an exception for Quizno's to allow the existing sign to remain as is. /10 Opus Fimpt1w LLLL ,. Opus Cents, Madknq .aaess opus. 99OC yen Read East FC gas 59110 Mkmet"a. Mmnemu 55747 %00 Mnneapahs Minte$Ota 55459-0110 61.936.4600 Fu 612 9O6.45,9 i -i97 January 2. 499T Ms. Julie Farnham Citv of Eagan 3830 Pilot7Knob Road Eagan, MN 55122-1897 Dear Julie: Please accept this letter as our request to amend the existing architectural guidelines for the Eagan Promenade development. Specifically, since the issue of neon lighting is not addressed by the existing guidelines, we would suggest that the following be considered for incorporation into the existing architectural guidelines for this development. Architectural Design Guidelines Eagan Promenade Amended to include the following: Paum •M M two lb's a* ILI14EN an I am-WIKOILWO ILOJI RMTON 4n •e . s• Neon lighting or. exterior elevations of in-line retail, community retail and oudot parcels may be used provided it meets the following guidelines: All neon shall be used for emphasis of architectural features of the building. No billboard or other signage emphasis will be allowed. The use of neon on the building exterior will be limited to a stationary lighting system only ( i.e. no blinking or moving neon lights). Quantity shall be determined as the minimum that is considered appropriate for the architectural effect desired. The neon color and design shall be reviewed and approved by the developer and the City of Eagan. Julie, once you have had the opportunity to review these guidelines, please feel free to call me with any questions. Sincerely, Jay M. Scott Director Real Estate Development JMS:bab iso Opus NWINWst LLC -e W aMauu of N Opus 7019 of Corru=ws. yn.wry-.s Cnaago. Caump..s. Oauas, Oenver. Ft la.de.paIO Mw JQCI�s. O.unoo Pe owa Fttom,. S4namento, San F,a , co SeartK. Tampa Wavungton 0 C city of eagan Re: Sign Dear Mr. Heimerl: In mid-February, I sent you a letter regarding your sign. As we have previously discussed, the main issue with the sign is the provision in the Eagan Promenade Sign Agreement regarding neon. Additionally, a sign permit is still required because the permit application submitted by Eagle Sign Company was incomplete. My letter to you dated February 18, 1998, asked that you provide a letter for consideration by the City Council to determine whether the existing sign is compatible with the provisions in the Eagan Promenade Sign Agreement. It was my understanding that you and Dan Queenan of Opus were jointly preparing the letter. However, it has been two months and I have not heard anything further from you or Opus. In an effort to resolve this matter, we will proceed independently to the City Council with a request for clarification. Therefore, this item will be scheduled for the .May 19. 1998 City Council meeting. If you have any information you wish the Council to consider, please submit it to me by �1, av 12th and it will be included in their packet. If you have any questions, please call me at 681-4691. Sincerely, I, Pamela Dudziak Associate Planner cc Dan Queenan. Opus e /J MUNICIPAL CENTER TME LONE OAR TREE MAINTENANCE FACILITY 3910 P"OT tNQB IXAG THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNI! t =501 COACHvtA" r.' -, EAGAN kONNESOTA 55122 I897 EAGAN. hMt0JESCTA •- 7HC.#* (6I:).%! sn00 PHONE (612)681.47Cr. FAX 1612)66. 4 ;2 Equal Opportun,Pi Emplovef FAX (612)621.4760 TGG (012)454 est, TGo (612)454-9535 THOMAS E GAN movv April 15, 199S PATRICIA AWADA BEA BLOMOUIST SANDRA A. MASIN Chris Heimerl, Manager TCHmdv4ft.001DORE TER QUIZNO'S Promenade Shoppes THOMASEs oA HEWml 3344 Promenade Avenue Eagan, MN 55122 E. J. VAN OVERSEKE CM Clark Re: Sign Dear Mr. Heimerl: In mid-February, I sent you a letter regarding your sign. As we have previously discussed, the main issue with the sign is the provision in the Eagan Promenade Sign Agreement regarding neon. Additionally, a sign permit is still required because the permit application submitted by Eagle Sign Company was incomplete. My letter to you dated February 18, 1998, asked that you provide a letter for consideration by the City Council to determine whether the existing sign is compatible with the provisions in the Eagan Promenade Sign Agreement. It was my understanding that you and Dan Queenan of Opus were jointly preparing the letter. However, it has been two months and I have not heard anything further from you or Opus. In an effort to resolve this matter, we will proceed independently to the City Council with a request for clarification. Therefore, this item will be scheduled for the .May 19. 1998 City Council meeting. If you have any information you wish the Council to consider, please submit it to me by �1, av 12th and it will be included in their packet. If you have any questions, please call me at 681-4691. Sincerely, I, Pamela Dudziak Associate Planner cc Dan Queenan. Opus e /J MUNICIPAL CENTER TME LONE OAR TREE MAINTENANCE FACILITY 3910 P"OT tNQB IXAG THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNI! t =501 COACHvtA" r.' -, EAGAN kONNESOTA 55122 I897 EAGAN. hMt0JESCTA •- 7HC.#* (6I:).%! sn00 PHONE (612)681.47Cr. FAX 1612)66. 4 ;2 Equal Opportun,Pi Emplovef FAX (612)621.4760 TGG (012)454 est, TGo (612)454-9535 city of cagan Dear Mr. Hetmerl: I am wasting this letter as a follow up to the conversations I have had with you and with Dan Queenan of Opus regarding Quizno's sign. As we have discussed, a sign permit was not obtained prior to the installation of the Quizno's sign. Also, the sign is inconsistent with the Sign Agreement for Eagan Promenade, which states "No ... exposed neon signs shall be permitted." After contacting Dan Queenan and you about the sign permit, Eagle Sign Co. submitted a sign permit application, but the 597.50 permit fee has not yet been paid so the application is incomplete. Regarding the appearance of the sign, when we spoke in January, you disagreed with City staffs interpretation of the Sign Agreement provision on neon. I explained that you could appeal to the City Council for an exception to that provision and asked you to submit a letter explaining your request and the reasons for it. That was in early January. By early February, 1 had not received such a letter from you. When we spoke in early February, you indicated that you and Opus would submit a joint letter. I explained that in order for your request to be placed on the February 17" Ctry Council agenda, we would need to receive your letter by February 10". However. I still have not received such a letter. At this time there are three options. 1) Submit the letter for consideration by the City Council to allow the sign to remain as it is. 2) Modify the sign so that the neon tubes are not visibly exposed. 3) Remove the sign. If the Council approves the sign to remain as it is, or if the sign is modified, a sign permit is still required. If you would like the City Council to consider your request, please submit a letter within the next two weeks so that we can schedule this item on the Council agenda. I hope we can resolve this issue in a timely manner. Please call me at 681-4691 if you have any questions. Sincerely. Pamela Dudziak Associate Planner cc: Dan Queenan. Opus MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY THE ;YMBOL OF STPU IGTH AND r.*OWTH IN OUR COMM11( Orr . ; ;�.I .p .,t E+ -• r✓ . Z' r,, }J. P� E.ji" DFiprrt%jnl P,/Atirtrnairve Aehon ErnplgY�-r r, MC 161-');l aa ' THOMAS EGAN At7v s February 18, 1998 PATRICIA AwADA BEA BLONIOUIST Chris Heimerl, Manager SANDRA A MASIN QUIZNO'S THEODORE WACHTER Counc,I Me Im n Promenade Shopper 3344 Promenade Avenue THOMAS HEDGES C;tY AOmm4'MrC, Eagan, MN 55122 E J VAN OVERBEKE Re: Sign CM Cwv Dear Mr. Hetmerl: I am wasting this letter as a follow up to the conversations I have had with you and with Dan Queenan of Opus regarding Quizno's sign. As we have discussed, a sign permit was not obtained prior to the installation of the Quizno's sign. Also, the sign is inconsistent with the Sign Agreement for Eagan Promenade, which states "No ... exposed neon signs shall be permitted." After contacting Dan Queenan and you about the sign permit, Eagle Sign Co. submitted a sign permit application, but the 597.50 permit fee has not yet been paid so the application is incomplete. Regarding the appearance of the sign, when we spoke in January, you disagreed with City staffs interpretation of the Sign Agreement provision on neon. I explained that you could appeal to the City Council for an exception to that provision and asked you to submit a letter explaining your request and the reasons for it. That was in early January. By early February, 1 had not received such a letter from you. When we spoke in early February, you indicated that you and Opus would submit a joint letter. I explained that in order for your request to be placed on the February 17" Ctry Council agenda, we would need to receive your letter by February 10". However. I still have not received such a letter. At this time there are three options. 1) Submit the letter for consideration by the City Council to allow the sign to remain as it is. 2) Modify the sign so that the neon tubes are not visibly exposed. 3) Remove the sign. If the Council approves the sign to remain as it is, or if the sign is modified, a sign permit is still required. If you would like the City Council to consider your request, please submit a letter within the next two weeks so that we can schedule this item on the Council agenda. I hope we can resolve this issue in a timely manner. Please call me at 681-4691 if you have any questions. Sincerely. Pamela Dudziak Associate Planner cc: Dan Queenan. Opus MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY THE ;YMBOL OF STPU IGTH AND r.*OWTH IN OUR COMM11( Orr . ; ;�.I .p .,t E+ -• r✓ . Z' r,, }J. P� E.ji" DFiprrt%jnl P,/Atirtrnairve Aehon ErnplgY�-r r, MC 161-');l aa ' Agenda Information Memo May 19, 1998 Eagan City Council Meeting C. CLARIFICATION ON PREVIOUS ACTION REGARDING ODD/EVEN YEAR ELECTION ACTION TO BE CONSIDERED: To provide clarification on previous action regarding odd/even year election. FACTS: • At the special meeting on February 24, 1998, and at the regular meeting on March 2, 1998, the City Council discussed the merits of changing the City's elections from even to odd years. • At the March 2, 1998 regular meeting, staff and the City Attorney's office were directed to prepare an ordinance which would switch the election year. • At the March 17, 1998 regular meeting, two ordinances were approved regarding elections. The first ordinance changed the election year to odd years for Eagan. The second ordinance provided for the transition from even to odd year elections. Both ordinances were published on March 26, 1998 and are the action of record. • In a faxed letter dated April 27, 1998 from Peggy Carlson, the Mayor and City Councilmembers were asked to place the issue of a November referendum on the election year question on the next Council agenda for consideration. • The City Administrator responded in a letter dated May 5, 1998 and provided copies of the complete record on the issue. The letter asked for a response if there was still a desire for the issue to be placed on the City Council agenda. • Given an affirmative response, the item was placed on the agenda and published for the May 19, 1998 City Council meeting. • At the agenda review meeting on Tuesday, May 12, the City Attorney questioned the City's legal authority to hold an advisory election on this issue and, as a result of that direction, was asked by the City Administrator to research the question. • The City Attomey has completed the research and concluded that the City cannot conduct an advisory election on this issue. The statutes provide that an election can be held resulting from an appropriate petition or in the alternative, the City may reconsider its action. • Given the legal opinion, it appears that no other action needs to be taken at this time. ATTACHMENTS: • Peggy Carlson's letter enclosed on page 1115,11. • City Attorney Sheldon's legal opinion on page 153 FROM : PrC E mo. : May. 20 1997 ei:51Pt1 R1 April 27, 1998 Dear Mayor Egan and Council members; We are requesting to be placed on the next council agenda so that we may formally, request that the issue of odd or even yew elections be placed on the ballot this November 3rd We understand that the council has voted on the issue, favoring odd year (3.2), yet feel the citizens of Eagan should be given the opportunity to decide on when they would prefer to elect our local officialg. This is not a request to debate the odd or even election year issue. It is a request to have the council specifically address the issue of placing this item on the ballot for the people of Eagan to vote on. Thank you for your time and consideration. Respectfully. pew C son 3434 Hwy, 55 Fagan, MN 55121 686-9762 /sy 5c17 BY 5-14-98 : 16:18 : SEVERSON MELDOR- 612 681 4612:9 2/ 2 MEMORANDUM TO: Tom Hedges, City .Administrator FROM: Jim Sheldon, City Attorney DATE May 14, 1998 RE: Advisory Elections At the agenda/staff meeting on May 12, 1998, you indicated that a citizen requested that the City hold an election on the issue of the change to odd year elections. I was concerned that the City may not have authority to hold an election on that issue since special elections are permitted only under special circumstances. Minn. Stat. 9205.07 provides that, if wi appTgpriate petition is filed an ordinance changing the year of the municipal election is not effeclivc until it is approved by a majority of the voters voting on the question at a general or special election held at least 60 days after the submission of the petition. In the alternative, the City may reconsider its action. Under Minn. Stat. §205.07, there are two requirements for an election concerning the change to odd -year elections: (1) the City must pass an ordinance; and (2) the appropriate petition must be filed. While the ordinance has been passed, no petition has been filed so far as we lmow. I have informally discussed this matter with both the League of Minnesota Cities general counsel and the Attorney General's office. Neither office disagrees with this opinion. If you have any questions, please feel free to contact me. JFSlwkt /ss Agenda Information Memo May 19, 1998 Eagan City Council VIII. NEW BUSINESS A. FINAL PLANNED DEVELOPMENT (EAGANDALE CENTER INDUSTRIAL PARK NO. 15)- OPUS NORTHWEST L.L.C. ACTION TO BE CONSIDERED: > To approve a Final Planned Development to allow construction of a one-story 58,300 square foot office/showroom building on 6.36 acres at the northwest corner of Lexington Avenue and Clubview Drive in the NT 1/4 of Section 10, legally described as Lots 2 and 3, Block 2, Eagandale Center Industrial Park No. 9. > To approve a Final Plat (Eagandale Center Industrial Park No. 15) replatting Lots 2 and 3, Block 2, Eagandale Center Industrial Park No. 9 as a single lot (Lot 1, Block 1, Eagandale Center Industrial Park No. 15). FACTS: > The Preliminary Planned Development for this property was approved in 1988 and called for two buildings in office or office/industrial use on this site. The applicant proposes a single building consisting of 58,300 sq. ft. of office/showroom. > The Advisory Planning Commission held a public hearing on April 28, 1998 for site plan review of the Final Planned Development and did recommend approval, subject to the conditions in the APC minutes. > Also before the City Council is the Final Plat which replats the property into a single lot (Lot 1, Block 1, Eagandale Center Industrial Park No. 15) as conditioned in the Final Planned Development approval. ISSUES: > Although a public hearing is not typically conducted for a Final Planned Development, this plan was reviewed by the APC because the site layout differed from the Preliminary Planned Development, although the proposed office/showroom use is consistent. Council approval of the Final Planned Development will result in the preparation of a Final Planned Development Agreement. > Since this site was previously assessed for trails that were installed along the county roads, a trail dedication will not be required. ATTACHMENTS: April 28, 1998 APC Minutes, pages through Staff Report, pages "'through Page 12 (' April 28, 1998 ADVISORY PLANNING COMNUSSION - FINAL PLANNED DEVELOPMENT & FINAL PLAT OPUS NORTHWEST LLC Commission Chair Heyl opened the next public hearing of the evening regarding a Final Planned Development to construct a one-story 58,300 square foot office/showroom building on 6.36 acres southwest of Lexington Avenue and Lone Oak Road, legally described as Lots 2 and 3, Block 2, Eagandale Center Industrial Park No. 9. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City stabs planning report dated April 21, 1998. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. Michelle Foster, the applicant's representative, stated that the applicant agrees with the City's recommended conditions with the exception of the trail dedication. No persons from the public were present for comment and Chair Heyl closed the public hearing. Member Segal moved, Member Bakken seconded, a motion to recommend approval of a Final Planned Development to construct a one-story 58,300 square foot office/showroom building on 6.36 acres southwest of Lexington Avenue and Lone Oak Road, legally described as Lots 2 and 3, Block 2, Eagandale Center Industrial Park No. 9, subject to the following conditions: 1. A final Planned Development Agreement shall be executed and recorded with the plat. The Agreement shall include the following exhibits: Final Site Plan Final Building Elevations Final Landscape Plan Final Site Lighting Plan 2. The property shall be replatted as one lot. 3. The common lot line easement between Lots 2 and 3, Block 2 Eagandale Center Industrial Park No. 9 shall be vacated prior to the re -platting of the property. 4. All storage of trash and recyclables shall be within the principal building. `^ 2 Page 13 Apn128,1998 ADVISORY PLANNING COhMSSION 5. The developer shall insure that the building plans, materials and construction of the office portion of the building improvements are such that the} will provide an interior sound level of 50 dBA as compared with a noise level of 70 DNL. 6. Setbacks shall be as shown on the Site Plan dated March 18, 1998, last revised March 31, 1998. 7. Visibility of all rooftop equipment shall be minimized from adjacent properties and public rights-of-way through placement, screening and/or painting to match the building. 8. All signage shall satisfy City Sign Code requirements. 9. Additional overstory trees and shrubs should be added the west side of the property to achieve 75% screening of the parking lot. On the north side of the property, the landscaping should be coordinated with that on the adjacent parcel to provide complementary landscape elements. All voted in favor. 15-F PLANNING REPORT CITY OF EAGAN REPORT DATE: April 21, 1998 APPLICANT: Opus Northwest, L.L.C. PROPERTY OWNER: Opus Northwest, L.L.C. REQUEST: Final Planned Development LOCATION: Clubview Drive and Lexington Avenue COMPREHENSIVE PLAN: IND, Limited lndustnal ZONING: PD, Planned Development 0141L/J20141LIJ 2.4/ CASE: 10 -FD -02-03-98 HEARING DATE: April 28, 1998 PREPARED BY: Pamela Dudziak Opus Northwest, L.L.C. is requesting approval of a site plan for Final Planned Development to construct a one-story 58,300 square foot office showToom building on 6.36 acres southwest of Lexington Avenue and Lone Oak Road, legally described as Lots 2 and 3, Block 2, Eagandale Center Industrial Park No. 9. ►1e WO 011_ / -Li Chapter 11.20, Subd. 8, B., Determination, states: "In considering an), petition for such district, the Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision, shall determine whether or not such planned development will: (1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; (2) be feasible for the owner and developer economically to complete according to proposed plans; (3) benefit the community at large to a greater degree than would development of the underlying zoning district." f VC1111a Il: /' In 1988, a Planned Development was approved for this property which provided for two buildings. The building on the easterly lot was identified for office, and the westerly lot was approved for office or office'industrial uses. The plans submitted consolidate the two lots and 1.5 q Planning Report - Opus Northwest, L.L.C. April 21, 1998 propose a single building consisting of office/showroom use. The applicant anticipates a ratio of over 70% office space. The property is also being replatted as a single lot (Lot 1, Block 1, Eagandale Center Industrial Park No. 15). EXISTING CONDITIONS The site is 6.36 acres in size and has been previously graded. Consequently, there is little significant vegetation. There is an existing storm drainage pond in the southeast comer of the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Vacant (Microtel hotel and restaurant approved), zoned PD, Planned Development; guided rN-D, Limited Industrial South - Retail post office and USPS bulk mail; zoned I-1, Limited Industrial; guided IND Limited Industrial East - Office/warehouse (Lexington Commerce Center); zoned 1-1, Limited Industrial: guided IND Limited Industrial West - Homestead Village hotel and vacant; zoned PD, Planned Development; guided IND Limited Industrial EVALUATION OF REOUEST Site - The building is located in the south and east portion of the site, with the parking to the west. Access would be gained from Clubview Drive and Denmark Avenue. There is an existing drainage pond on the southeast comer of the development site that will remain undisturbed. The applicant has indicated that all trash and recyclables will be stored inside the building. There are two loading docks, one at each end of the building. Compatibility with Surroundine Area - The proposed use appears to be compatible with surrounding development consisting of commercial (hotels and restaurant approved but not yet built) and industrial uses (office/warehouse and post office). The proposed office1showToom is consistent with the industrial land use designation for this site. With the high proportion of office space, it also appears to present a compatible transition. Aj=ort Noise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. With the State's decision to expand the airport at its current location, the Metropolitan Council has adopted a revised Aviation Chapter that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in northern Eagan place the subject property within Noise Zone III and IV. /60 Planning Report - Opus Northwest, L.L.C. April 21, 1998 In Noise Zone IV, both office and industrial uses are consistent. In Noise Zone III, an industrial use would be consistent and an office use would be provisional, meaning that it must comply with certain structural performance standards to be acceptable according to MS 473-192. In particular, the building plans, materials and construction should be such that they will insure an interior sound level of 50 dBA as compared with the noise level at the inner boundary of the noise zone, in this case 70 DNL. While the subject property lies across the boundary between two zoned, it would be unreasonable to apply conditions to only part of the building. Therefore, the standards for Noise Zone III shall apply to the entire building. Setback - Typical I-1 or BP zoning standards that would be applied to this use require building setbacks of 40 feet from a public street, 50 feet from the right of way of a major thoroughfare (Lexington Avenue), and 20 feet from the north side lot line. Parking setbacks should be a minimum of 20 feet from a public right-of-way and 5 feet from adjacent lots. Except for the northeast comer of the building, the proposed development either meets or exceeds these typical setback requirements. Because Dakota County has a 15 -foot roadway easement along the east side of this site to complete a 75 -foot half right -o6 -way for Lexington Avenue, the building setback is measured from the right-of-way easement rather than the property line. Consequently, although the building is 50 feet from the east property line, the northeast comer is only 35 feet from the Lexington Avenue roadway easement, which deviates from typical code requirements. However, only a small portion of the building is less than 50 feet from the roadway easement, and since Lexington Avenue was recently reconstructed, it is unlikely that the road will be expanded further into this easement in the near future. The proposed 35 foot setback for development is consistent with that recently approved for the hotel on the adjacent lot to the north. Building Architecture - The building materials consist of red brick, gray rockface block accents. and glass. The one story building is 20 feet in height. The building elevations do not show rooftop equipment, but the applicant has indicated there will be rooftop equipment. Opus addresses the rooftop equipment screening in the attached letter, and contends that the best aesthetic treatment of rooftop equipment is by painting it to match the building and by locating it toward the center of the building. The applicant has submitted photo examples of both types, and the photos will be available at the APC meeting. Signage - A monument sign is proposed at the driveway entrance on Denmark Avenue. The proposed monument sign utilizes the same materials as the building. Opus has indicated that the there will be tenant signage above the tenant entries, and possibly on the building elevation facing Lexington Avenue if there is a single user. All signage should satisfy minimum City Sign Code requirements. Parking - City Code requires one parking stall for each 150 square feet of net leaseable office area (net leaseable area is calculated at 80% of the gross office area). For the warehouse use, City Code requires one stall for each 400 square feet of the first 6,000 square feet of warehouse space, plus one stall for each additional 1,000 square feet of warehouse space. Applying these calculations to the proposed 43,000 square feet of office space and 15,300 square feet of /6/ Planning Report - Opus Northwest, L.L.C. April 21, 1998 Paee 4 warehouse space, a minimum of 254 parking stalls are required. The site plan shows 275 are being provided, with an additional 7 handicapped accessible stalls. Most of the parking stalls are nine feet wide, although the stalls immediately adjacent to the building are 10 feet wide. The applicant has indicated that the stalls closest to the building would be the visitor/customer stalls and have higher turnover than employee parking. The applicant believes that nine foot stalls are sufficient for general employee parking and that these narrower stalls allow the amount of parking to be maximized to accommodate heavier office use within the building, if the tenants should need it. Landscaping - The preliminary landscape plan appears acceptable with minor modifications. Additional overstory trees and shrubs should be added to the west side of the property to achieve 75% screening of the parking lot. On the north side of the property, the landscaping should be coordinated with the landscaping of the adjacent parcel to provide complementary landscape elements. Lighting - Site lighting is proposed through freestanding light poles and building mounted fixtures. The light standards are proposed to be 30 feet tall, with single and double shoebox fixtures. Photometrics show light levels are less than one footcandle at the property lines, except at the driveway accesses where levels are higher. Grading - The preliminary grading plan is acceptable. The existing site generally slopes from northwest to southeast and is open. Elevations range from 896 in the northwest to 867 in the southeast comer of the site near the existing pond. The first floor elevation of the proposed building will be approximately 13 feet in elevation above Lexington Avenue and 5 to 6 feet above Clubview Drive. The developer is proposing to grade the entire site, with the exception of the pond area, in preparation for the building and parking lot construction. _Water Oualitv/VI'etlands - The site is located in drainage basin D and will generate runoff that will eventually reach LeMav Lake, one of seven Class I recreational lakes identified in the City's water quality management plan. Runoff from the site will be discharged first to Pond DP -3.3 in the southeast comer of the site, which has sufficient wet volume to adequately treat this runoff. There are no jurisdictional wetlands on the parcel. Storm Drainage - The preliminary storm drainage plan is acceptable. The developer is proposing to construct a private storm sewer system within the site to drain to Pond DP -3.3 in the southeast comer of the site. Utilities - The preliminary utility plan is acceptable. Sanitary sewer is available in the southeast comer of the development. A water main stub is available for connection along the west edge of the site. Streets'Access'Circulation: Public street access is proposed from an existing driveway entrance onto Denmark Avenue to the west and a new driveway entrance onto Clubview Drive to the south. Restricted road access was dedicated to Dakota County Lexington Avenue (County Road /10 Planning Report - Opus Northwest, L.L.C. April 21, 1998 43) when Eagandale Center Industrial Park No. 9 was platted and therefore, no street access is proposed along the east edge of the site. Easements 'Permits Rj2ht-of-Wav: The developer has petitioned for the vacation of the common lot line easement between Lots 2 and 3, Block 2 of Eagandale Center Industrial Park No. 9. With the combination of these two lots, the easement is no longer needed and should, therefore, be vacated prior to the re -platting of the property. Tree Preservation - The property has been previously graded and there is little significant vegetation. The existing vegetation near the pond will remain undisturbed. Parks and Recreation - Parks and trails dedications should be fulfilled through a cash dedication. SUNINIARY/CONCLUSION Opus Northwest is requesting site plan approval for a Final Planned Development to construct a one-story 58,300 square foot office'showroom building at the northwest corner of Lexington Avenue and Clubview Drive. The Preliminary Planned Development called for two lots to be developed with office or office industrial uses. The proposed office'showroom use is consistent. but the site plan is different and consolidates the two existing lots into a single lot. The applicant plans to replat the property and vacate existing easements. ACTION TO BE CONSIDERED To recommend approval or denial of the site plan for a Final Planned Development for a 58,300 square foot office'showroom building on 6.36 acres on proposed Lot 1, Block 1, Eagandale Center Industrial Park No. 15. 1. A final Planned Development Agreement shall be executed and recorded with the plat. The Agreement shall include the following exhibits: Final Site Plan Final Building Elevations Final Landscape Plan Final Site Lighting Plan 2. The property shall be replatted as one lot. 3. The common lot line easement between Lots 2 and 3, Block 2 Eagandale Center Industrial Park No. 9 shall be vacated prior to the re -platting of the property. 4. All storage of trash and recyclables shall be within the principal building. 5. The developer shall insure that the building plans, materials and construction of the office portion of the building improvements are such that they will provide an interior sound level of 50 dBA as compared with a noise level of 70 DNL. /613 Planning Report - Opus Northwest, L.L.C. April 21, 1998 6. Setbacks shall be as shown on the Site Plan dated March 18, 1998, last revised March 31, 1998. 7. Visibility of all rooftop equipment shall be minimized from adjacent properties and public rights-of-way through placement, screening and'or painting to match the building. 8. All signage shall satisfy City Sign Code requirements. Additional overstory trees and shrubs should be added the west side of the property to achieve 75% screening of the parking lot. On the north side of the property, the landscaping should be coordinated with that on the adjacent parcel to provide complementary landscape elements. MANUAL OBLIGATION — Eagandale Center Industrial Park #15 There are pay-off balances of special assessments totaling $13,629 on the parcels proposed for platting The pay-off balance will be allocated to the lots created by the plat At this time, there are no pending assessments on the parcel proposed for platting 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 connections proposed to be made to the City's utility system based on the submitted plans Improvement Use Rate Quantity Amount 'gone /6S ■ �: ,i �'� ram � M �t5S55SS55S5S5 � � • ;zz�zzzzzz� i'' •�►. - rr5555S55'S� � -O J � ��:a3'a1222i� ■ � r � VQQ i� V npu ,�■ O rr rr� a� � � _ La IC]� n Zoning Map WAT 4M 0 tlC BQ gee Development/Developer: Eagandale Center Industrial Park No. 15 Case No.: 10 -FD -02-03-98 and 10 -FP -05-03-98 Current Zoning: PD PLANNED DEVELOPMENT +City of Eagan A� C" M a-,-- MMM' t WNAnwn �� M7F7 WAT 4M 0 tlC BQ gee Development/Developer: Eagandale Center Industrial Park No. 15 Case No.: 10 -FD -02-03-98 and 10 -FP -05-03-98 Current Zoning: PD PLANNED DEVELOPMENT +City of Eagan A� C" M a-,-- MMM' t WNAnwn Comprehensive Guide Plan Map IND IND Ca IND IND IND WAT Sub ect Site I C IND QCPD IND LB IND 40 o eoo wo F. Development/Developer: Eagandale Center Industrial Park No. 15 Case No.: 10-FD-02-03-98 and 10-FP-05-03-98 Current Guide Plan Designation: IND LIMITED INDUSTRIAL +City /lJ� of Eagan City of Eagan Community Development Oepenment r EAGANDALE CENTER INDUSTRIAL PARK NO. 15 r Lit VVJ1 I � PAR!", el/. // � .� r: Ill I ,� •.. rr«. ex s rnw rar.q w raw. wr arn.n� � r ir:w.gw M M UV 1/. r rtrr Y nwwr )1, rr r n wr1 w u rmn I I I rXi,ar /.� �•, , / � r f Sy {� Y r Lit VVJ1 I � PAR!", el/. // � .� r: Ill I ,� •.. rr«. ex s rnw rar.q w raw. wr arn.n� � r ir:w.gw M M UV 1/. r rtrr Y nwwr )1, rr r n wr1 w u rmn I I I rXi,ar /.� �•, , / f Sy r Lit VVJ1 I � PAR!", el/. // � .� r: Ill I ,� •.. rr«. ex s rnw rar.q w raw. wr arn.n� � r ir:w.gw M M UV 1/. r rtrr Y nwwr )1, rr r n wr1 w u rmn I I I -k1\ =�a I I „ LA auKr nwt Til r. r� b SAPO OEl011 DATA =�a I I „ LA auKr nwt Til r. r� b •(6(NO =-:a ..... r... - COTE OAK ROANS - 6CNCRIL HOMES, 69AIMC I 1.. __._•-__ _\-;,♦r'�--__'aY ,* ,� � —'err (+«.�. err wr.aar L'• i\ r �r•.v.r•w.y�..r.f�Yr.r ... ...,.. f - r r..•4..Mr..rr. (a �.rY r,Wrrr 1.« { 1 • I}I I I' V rMwwn«w.�f �`ry r��If/Y-Y•Y «�q� ' � f ....-�..r7 � ••r..r`r4wHM. �r rrti ...r• � 1 _.. • - _ � a t • t ♦ p7 /� I . r...a .r rvrr r�r•/•r+«�lwr wr....r \1 '� ,� j _:•� l .�� -s 1 -�y..� II ..........r .r / _/ Fri.. 11 I Y,`1 � � \`' �� •'�_' _ -'� i PLAN ND4'S / I _ - `- _ _ '• t • 1.17 - 1 -/ r e •....: r.•..r_ �.- .�..r- �.;� / - � 1 _ � li - I MIS � /- / t I A - � • _— _.. __� � __Y-_ - s.. , yr - _r T•• rs_ -I� NOPUS � I I I f I I I + LT v I I I I i rLOI{1�gOl U 4if.YI —1 7%0 2 MMMEAWAN W. 14 n��� V W�f� I l �tffmAm yf.Y1 /1 A11110EM1¢I �M • YI I A21 �IYf`— FlIM011 BEVAnMG rl !M ■fM101 �M •YY I A21 L^ LN VrZ V 2 9 00wM .r �r,�YP.f���i01fYr, � � �•', I I WOR 11 Iffmool, 1 M 1D11 RMOYO M! `i r w11 2 9 00wM .r .ir .w iw .i *w .w •Y •. .w G.1 © U RlWIIbR RIeRM ,.... 8 ONE 1 w MIS. wn I I I 1 Mid. FaTtot .vW VtC V . EAOM1011EC RpTpE7pC BUYApY r,�"1 .w.o. w.,.r I .. 110�11100Y � EIECiRCJ4. I M 1D11 RMOYO M! `i r w11 .ir .w iw .i *w .w •Y •. .w G.1 © U RlWIIbR RIeRM ,.... 8 ONE 1 w MIS. wn I I I 1 Mid. FaTtot .vW VtC V . EAOM1011EC RpTpE7pC BUYApY r,�"1 .w.o. w.,.r I .. 110�11100Y � EIECiRCJ4. Opus NortMwaat. LIC. 0 OPUS• .9"',v Ro.e. " n,59110 4 9900 6'e^ Roa[ East � - Eos 59 � l0 klmwionsa Knnesoa 553x3.9500 Y -neaoc's M-nne=a 55459-011C 5'2 936 4630 pa. 612 936 4529 April 1, 1998 Ms. Pamela Dudziak Associate Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Pam: Enclosed is our revised submittal for Opus Northwest's proposed office/shosToom project in Eagan. 1 would like to address the following issues: Rooftop Units: Opus proposes that the rooftop equipment be painted to match the building. It has been our experience in our many business park settings that painting rooftop units is the most unobtrusive way to treat rooftop equipment. Physical screening other than the smooth rooftop cabinetry calls more attention to the rooftop units than is desirable while creating extra structural loads for the building. This has been the standard for our multi -tenant buildings and successfully accomplishes the goal of minimizing the rooftop units. Opus will make every effort to locate these rooftop units toward the center of the roof to minimize their exposure at the street level. In addition, the proposed building roof elevation will be at approximately 91 P as compared to the elevations at Lexington Avenue of 881', Denmark Avenue at 896', and Clubviety Drive at 889'. Given these conditions the view of the rooftop units will be minimized at street level. Parking Space Size: The parking spaces for this project are sized at both 10' for the spaces along the building which are more likely to be visitor spaces and 9' spaces for the general parking. which will be more long-term parking. We feel the 9' stalls for a primarily office building are sufficient in size for the general employee parking areas. This combination of parking stall sizes allows us to maximize the amount of parking on- site to accommodate heavier office use within the building should the tenants require that parking. ArChilWS CMJrKJ0,$ DeveloWs Opts Northwest. L L C s an a'f daze M the OW anon o' con. r Aland. Ch"o.Cowmbs Dallas Denver H La"aa4 HL .. ,pe WvvaoMhs Lange Cotmq Oriaroc Rnsacota P1Nwm� sw'arnrm, sa- srarnsm, Seattle tonty Aasl:nVcr C', / / OPUS. Afs. Pamela Dudziok April 1, 1998 Page 2 3. Signage: We have shown a proposed building monument sign at the curb cut from Denmark Avenue. In addition, there will be tenant signage above the tenant entries. Should the building be occupied by a single user, they may request building identification signage along Lexington Avenue. In all events, the proposed signage will be in conformance with City sign ordinances. 4. The proposed landscaping plan has been estimated to cost $60,000 by our landscape architect. The estimated shell building construction is estimated at $2,000,000. Please feel free to contact me or Dean Newins if you need any additional information. Sincerely, er� Michele Foster Senior Director Real Estate Development /7 Agenda Information Memo May 19, 1998 Eagan City Council B. PRELIMINARY SUBDIVISION (DEER REST POND) - JAMES SCHMITT AND RON ROTH ACTION TO BE CONSIDERED: > To approve or deny a Preliminary Subdivision to create four lots on 2.86 acres located between James Court and Rusten Road in the SW 1/4 of Section 31. FACTS: > The proposed subdivision consists of the applicants' two lots (2270 and 2260 James Court) and adjacent property including a portion of Rusten Road right-of-way that is proposed to be vacated. The subdivision would create new lot boundaries for the applicants' two existing homes, and two lots for new construction. > The four proposed lots satisfy R-1 minimum lot standards. The two new lots will take access from Rusten Road and the existing homes will retain their access off James Court. The site is heavily wooded with large variations in topography. The two new lots are proposed to be custom graded at the time of construction. From the concept plans submitted, it is likely that some tree mitigation will be required. Tree preservation and any required mitigation will be reviewed at the time of building permit application. > The Advisory Planning Commission held a public hearing on April 28, 1998 and did recommend approval, subject to the conditions in the APC minutes. ATTACHMENTS: April 28, 1998 APC �Mpi�nutes, pages through Staff Report, pages ZW through Page 14 April 28, 1998 ADVISORY PLANNING COhMSSION PRELIMINARYSUBDIVISION RON ROTH & JAMES SCHMITT Commission Chair Heyl opened the next public hearing of the evening regarding a Preliminary Subdivision of their properties at 2260 and 2270 James Court to create four lots on 2.86 acres, in the SW'/. of Section 31 consisting of Lots 7 and 8, Block 1, Slaters Acres, part of the NE'/. of the SE'/. of Section 31 adjacent to Lot 7, Block I, Slaters Acres, and part of existing Rusten Road right-of-way which is proposed to be vacated. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City staffs planning report dated April 22, 1998. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. Both applicants were present and available for any questions from the APC. A resident of 4884 Storland Avenue, whose property abuts the subject property stated that she has no objection to the subdivision itself, but is concerned about the future location of the home on the property abutting Rusten Road. She expressed concern that the future home would tower over her property without any screen or buffer. Chair Heyl closed the public hearing. Dennis Honsa, a representative of the applicant, advised the APC that the residential development of the proposed lot on Rusten Road will conform to all City Code requirements and the lot size far exceeds the Code's minimum requirements. He further advised that the applicants will be preserving a 10 to 20 foot tree grove on the lots abutting the 4884 Storland Avenue property. No other members of the public were present for comment. Member Frank moved, Member Bakken seconded, a motion to recommend approval of a Preliminary Subdivision of their properties at 2260 and 2270 James Court to create four lots on 2.86 acres, in the SW% of Section 31 consisting of Lots 7 and 8, Block 1, Slaters Acres, part of the NE'/. of the SE'/. of Section 31 adjacent to Lot 7, Block 1, Slaters Acres, and part of existing Rusten Road right-of-way which is proposed to be vacated, subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: B1, B2, B3, Cl, Dl, E1 / 79 Page 15 Apnl 28, 1998 ADVISORY PLANNING CONMUSSION 2. The property shall be platted. 3. Parks and trails dedication shall be required for proposed Lots 3 and 4. 4. Erosion control in accordance with City standards shall be installed and maintained at time of building permit for the custom -graded lots. 5. An Individual Lot Tree Preservation Plan shall be submitted at the time of building permit application. 6. The final subdivision shall be contingent upon the vacation of excess right- of-way of Rusten Road. 7. Prior to final subdivision approval, the developer shall provide the City with proof of ownership to that portion of Rusten Road to be vacated. All voted in favor. /pO PLANNING REPORT CITY OF EAGAN REPORT DATE: April 22, 1998 APPLICANT: Ron Roth/James Schmitt PROPERTY OWNER: Ron Roth/James Schmitt REQUEST: Preliminary Subdivision LOCATION: 2260 & 2270 James Court CASE: 31 -PS -03-03-98 HEARING DATE: April 28, 1998 PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: D -I, Single Family Residential ZONING: R-1, Single Family Residential Ron Roth and James Schmitt are requesting approval of a Preliminary Subdivision of their properties at 2260 and 2270 James Court to create four lots on 2.86 acres, in the SW 1/4 of Section 31 consisting of Lots 7 and 8, Block 1, Slaters Acres, part of the NE 1/4 of the SE 1/4 of Section 31 adjacent to Lot 7, Block 1, Slaters Acres, and part of existing Rusten Road right-of-way which is proposed to be vacated. FAN 1; I) Zi I We X4J; 114 AV I VA Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. Planning Report - Deer Rest Pond April 28, 1998 D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property- (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent H ith the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Rater Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a pan of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUNWHISTORY Slaters Acres was platted in 1959. Whispering Woods 2nd Addition to the south was platted in 1987 and at that time it was determined that a 50 foot right-of-way for Rusten Road would be sufficient. Thomas G. Slater Addition to the east was platted in 1990, and the Rusten Road right-of-way that is proposed to be vacated with this development was dedicated with that plat. EXISTING CONDITIONS The property is steeply sloped and heavily wooded. There is a pond at the northeast M Planning Report - Deer Rest Pond April 28, 1998 Page 3 comer of the site. Both of the existing homes take access from James Court to the west. The east side of the site abuts Rusten Road, and the proposal includes vacating a portion of the existing Rusten Road right-of-way. 40 The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Single -Family residences; zoned R-1, Single -Family Residential; guided D-1 Single -Family Residential South - Single -Family residences; zoned R-1, Single -Family Residential; guided D-1 Single -Family Residential East - Single -Family residences and pond; zoned R-1, Single -Family Residential; guided D-1 Single -Family Residential West - Single -Family residences; zoned R-1, Single -Family Residential; guided D-1 Single -Family Residential EVALUATION OF REQUEST Compatibility with Surrounding Area - The single-family use is consistent with the city's zoning and comprehensive guide plan designation and surrounding development, which is also single-family residential. Density - The proposal creates four residential lots on 2.86 acres and has a density of 1.4 units per acre. L21j�_- Minimum lot size required for the R-1 zoning district is 12,000 square feet. All four proposed lots meet or exceed this size. The proposed lot sizes are as follows: Lot 1 - 17,787 sq. ft.; Lot 2 - 71,071 sq. ft.; Lot 3 - 17,051 sq. ft.; and Lot 4 - 18,741 sq. ft. Proposed Lots 1 and 2 contain the applicants' existing homes. Setbacks - The R-1 zoning district requires minimum setbacks of 30 feet from the public right-of-way, 10 feet from the side lot lines (garages may be up to five feet from a side lot line), and 15 feet from the rear lot line. The existing buildings satisfy these minimum setbacks. The conceptual 50 foot by 50 foot building pads shown for Lots 3 and 4 demonstrate that these minimum setbacks can be met. Gradin¢ - The site is heavily wooded and has large variations in topography with elevations ranging from 930 in the northeast to 994 in the southwest. No grading is proposed on Lots 1 and 2. Lots 3 and 4 are proposed to be custom -graded at time of building permit for these lots. Erosion control in accordance with City standards should be installed and maintained at time of building permit for the custom -graded lots. Planning Report - Deer Rest Pond April 28, 1998 Storm Drainage - Existing storm sewer in the area is of sufficient capacity to accommodate this development. No additional storm sewer will be needed. Streets'Accessfirculation - Public street access for Lots 1 and 2 will continue to be from the lames Court cul-de-sac to the northwest and street access for Lots 3 and 4 is available from the Rusten Road cul-de-sac to the southeast. Easements Permits Right -of -tray - The developer has petitioned to vacate excess right- of-way along the west edge of Rusten Road adjacent to proposed Lot 4. By law, the vacated right-of-way property reverts back to the original parent property from which it was dedicated, in this case that is the property in the Thomas Slater Addition along the east side of Rusten Road. The right-of-way should be vacated at time of final subdivision. Further, the developer should acquire this vacated right-of-way property for incorporation into Lots 3 and 4 at the time of final subdivision. Tree Preservation - The existing vegetation on site consists mostly of hardwood deciduous trees, mostly oak, in the diameter range of six to 35 inches. The submitted tree inventory indicates that there are 178 significant tress on site. No additional construction is proposed for Lots 1 and 2. Proposed Lots 3 and 4 will be custom graded. A preliminary revieti of the grading plan indicates that significant tree removal for Lots 3 and 4 will likely exceed the allowable removal of 20% per lot. Approximately 45° o removal A ill occur on Lot 3, and 35% removal on Lot 4. An Individual Lot Tree Presen ation Plan A ill be required at the time of building permit application and mitigation amounts will be determined at that time. Parks and Recreation - Parks and trails dedications will be required for Lots 3 and 4 and will be fulfilled through cash payment. Sl' NI IA RY!CONCLUS1 ON' The proposed preliminary subdivision will create four lots on 2.86 acres, two of which contain existing single-family homes. Tree mitigation appears likely, but will be reviewed on the individual Lot Tree Preservation Plans submitted with the building permit application. The proposed single-family development is consistent with surrounding uses which are also single-family residential. ACTION'TO BE CONSIDERED To recommend approval or denial of a Preliminary Subdivision to create four lots on 2.86 acres, in the SW 1/4 of Section 31 consisting of Lots 7 and 8, Block 1, Slaters Acres, part of the NE 1/4 of the SE 1/4 of Section 31 adjacent to Lot 7, Block 1, Slaters Acres, and part of existing Rusten Road right-of-way which is proposed to be vacated. War Planning Report - Deer Rest Pond April 28, 1998 1. The developer shall comply with these standards conditions of plat appro%al as adopted by Council on February 3, 1993: B1, B2, B3, Cl, D1, E1 2. The property shall be platted. 3. Parks and trails dedication shall be required for proposed Lots 3 and 4. 4. Erosion control in accordance with City standards shall be installed and maintained at time of building permit for the custom -graded lots. 5. An Individual Lot Tree Preservation Plan shall be submitted at the time of building permit application. 6. The final subdivision shall be contingent upon the vacation of excess right-of-way of Rusten Road. 7. Prior to final subdivision approval, the developer shall provide the City with proof of ownership to that portion of Rusten Road to be vacated. /Fs STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission Approved: August 25, 1987 175#5 STANDARD CON / w� City Council September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 FLNANCML OBLIGATION — Deer Rest Pond There are pay-off balances of special assessments totaling $0 on the parcels proposed for platting The pay-off balance will be allocated to the lots created by the plat At this time, there are no pending assessments on the parcel proposed for platting 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 connections proposed to be made to the City's utility system based on the submitted plans Improvement Use Rate Quantity Amount Storm Sewer Trunk S F $8601ot 1 lot $ 860 Fater Trunk S.F $8951ot I lot 8 Total cls,-`—` •:W:11 [• J 1 L• P"L16ON4RY SDBOMIS/ON PLIN "R. - OL'RR RAST PoND 400/T/ON ._m.e .P . T P"L16ON4RY SDBOMIS/ON PLIN "R. - OL'RR RAST PoND 400/T/ON ._m.e .P . OLA - a , ,.. t ,ori I t5' NO/.L/OOY ONQa lSYd� d�3i'O \� MOP" NY/d SNO/,/lpN0.7 9N/.LS/,Y.Y \ 1, C 1 OLA - a , ,.. t ,ori I t5' NO/.L/OOY ONQa lSYd� d�3i'O \� MOP" NY/d SNO/,/lpN0.7 9N/.LS/,Y.Y \ C O W PRd!✓WAMRY CRMOK DR41WCe X'ROS/ON MAO RW et C/T/!✓1Y PGIN AOR OrXf "ST MA'O ADD/T/ON A�OLIP.�N FNM. MC. Ve9O n P � l O^ n A�OLIP.�N FNM. MC. l ;I I A�OLIP.�N FNM. MC. I N '_99PAL • +w P"Z1,V1,WRY CRIO/NC, ORIhWCA; F, ROS/ON CONTROL .t UTILITY PGIN FOR OLBR RBST POND AOOITIOW NAP/I Iw . P FINANCIAL OBLIGATION LEGEND e -- � JI1 I.� 9 Sanitary Sewer Trunk Pe, lot k Wale( Trunk _•— -•ter• - J�` w,y city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 15, 1998 MEMO SUBJECT: AGENDA INFORMATION FOR MAY 19, 1998 CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval is given to the May 5, 1998 City Council agenda, the minutes of the May 5, 1998 regular City Council meeting and the minutes of the May 5, 1998 special City Council meeting, the following items are in order for consideration. Agenda Information Memo Eagan City Council Meeting May 19, 1998 DEPARTMENT HEAD K9§11-- SS A. SELECTION of construction manager, Family Aquatic Facility ACTION TO BE CONSIDERED: To authorize the hiring of Greystone Construction as the Construction Manager for the Family Aquatic Facility, assuming a successful contract is negotiated. FACTS: • Interviews were held on Monday May 4' for selection of a construction manager for the Aquatic Facility. • Graystone Construction, Bossart Corporation and Krause/Anderson were interviewed by Council member Wachter, City Administrator Hedges, Matt Freeby, Operations Manager from Water Technology, Inc and Director of Park and Recreation Vraa. • A report is attached from Matt Freeby regarding his background checks, review and analysis of the three firms. His conclusion is that all three firms are capable of doing the work and were recommended by previous project owners. The fee proposal from Krause/Anderson, however, was not cost effective. • Bossart Corporation is a "pure' construction manager in that they do not have any laborers that perform construction activities. • Greystone does have a construction division (they would not bid on any portion of the project to avoid conflict of interest). • Both firms have qualified staff to perform the work and would be ready to begin the project. There appears to be a slight cost advantage to Greystone in the base fee. There may be an advantage in using them because of their familiarity with the project site and City staff. ATTACHMENTS: • Memo from Matt Freeby on Pages -3 to . N 05/14/98 11:48 tit• May 12, 1998 Ken Vraa 0920 887 7999 ..J - Re: City of Eagan, CM proposals Dear Ken, HATER TECH I Thank you for the opportunity to join you, Tom Hedges and Ted Wachter last Monday to Interview potential CM firms for your Aquatic Center. Based upon the information presented and discussions in Eagan, I think that any of the three fimis are capable of handling the project As we dismissed immediately following the interviews I fejt that Krause Anderson was the most prepared, but they also appeared to be the most costly, ; In order to fully ena" the proposals, I have asked the firms for a rough estimate of their anticipated general conditions costs for a project of this type. Using this Information, we have formatted the following table of the total projected cost foreach CM for the project on a 9 month schedule. To generate a base line comparison, 1 have used 6,322,000 as the cost of construction figure for all three firms. Basis $6,322,000 WA Bossart Admin. 221,430 9500/MO =85,500 Labor Reimbursables 27,650 25-30 KTotal Fee ]89-880= 18�(2 s% 483,740 298,838 GreyStone 9000/MO = 81,000 1000/MO = 9,900 263,900 The following should be noted regarding the above figun3s: 1. The fee numbers are based as a percentage, each firm used a different construction cost figure (ranging from 6-7 million). For compari§on purposes we used Krause/Anderson's $6,322,00 figure. Q002 BEAVER DAM. w1 - ATLANTA, GA - LONG BEACH, CA ► CHICAGO, IL ! I too Park Avenue. P.O. Box 614, Beaver Dano Wisconsin 53916 - Phone 920 887-7375 Fax 92o 887-7899 3 R-95% 920 897 7999 05-14-98 11:*47AM P002 #12 05/14/98 11:45 8920 887 7999 RATER TECH IM003 2. Administration Labor represents the project billed cost of manpower. Krause Anderson's figure fs a lump sum, the other two are time based. Bossart has offered a rap on this figure of 85001MO. Greystone's figure is based on average rate x 40 hourstweek. This difference could quickly evaporate If overtime Is charged_ 3. Reimbursable general conditions numbers were rough estimates provided by each firm. 4. Greystone proposes a 10% mark-up on reimbursable expenses. Basically, we believe that Krause Anderson's proposal is not cost effective for the city, and should be declined. Reference verifications were performed. All firms received high marks and would be considered for future work by the persons contacted. References which had experience with both Bossart and Greystone were equally pleased. One reference (Bob Erickson, City of Lakeville) felt that between the two, the evaluation had to be based upon the specific project personnel. Our recommendation, based upon the personnel offered forthe project, fee basis, and experience is Greystone. We would further recommend establishing the following prior to finalizing an agreement 1. Project Superintendent B. Interview specific personnel and maintain right to refuse if this person is unacceptable to the city of Eagan. b. Define the superintendenfs hourly rate, and control of overtime charges_ 2. Establish basis of fee, contract should be for a stipulated sum. The above should be established for either fine. it is our feeling that the CM should not be hurt nor profit from mirror fluctuations and changes In the budget. Ken, the decision regarding the City's CM Is thankfully a difficuft one due to the high quality of the firms interviewed. Either Bossart or Greystone are qualified, and their the fee basis Is comparable. The most important criteria is the Comfort level the city has with the specified individuals presented. Water Operations BEAveR DAM, WI - Anrrm4 GA - Lone Beata, CA' CHICAGO, IL WATER TECHNOLOGIf8 INC. R-94% Y920 887 7999 05-14- 7AM P 98 I I 4 003 SF12 Agenda Information Memo May 19, 1998 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in f other 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. Temporary Seasonal Senior Program Assistant -- ACTION TO BE CONSIDERED: To approve .the hiring of Brad Eller as a temporary seasonal senior program assistant for Recreation. Item 2. Temporary Seasonal Part -Time Basketball Coach Supervisor -- ACTION TO BE CONSIDERED: To approve the hiring of Pierre Ellis as a temporary seasonal pan -time basketball coach supervisor. Item 3. Temporary Seasonal Recreation Leader -- ACTION TO BE CONSIDERED: To approve the hiring of Laura Clark as a temporary seasonal recreation leader. Item 4. Temporary Seasonal Utilities Maintenance Worker— ACTION TO BE CONSIDERED: To approve the hiring of Matt Peterson as a temporary seasonal utilities maintenance worker. Item 5. Temporary Seasonal Tree Inspector— ACTION TO BE CONSIDERED: To approve the hiring of Joseph Walton as a temporary seasonal tree inspector. s Agenda Information Memo May 19, 1998 Eagan City Council Meeting Item 6. Temporary Seasonal Part-time Concession Worker— ACTION TO BE CONSIDERED: To approve the hiring of Brenda Fears as a temporary seasonal part-time concession worker. Item 7. Resignation/Clerical Technician III/Community Development— ACTION TO BE CONSIDERED: To accept the resignation of Marlynn Greenwood from her position as a Clerical Technician III in the Community Development Department. Agenda Information Memo May 19, 1998 Eagan City Council Meeting Item 8. Time Spent Profile:Adjustments— ACTION TO BE CONSIDERED: To approve the adjustments for the Office Supervisor/Police Department, position for Time Spent Profile,(TSP) points from 69 to 73 and for compensation from range G to H; the adjustments for the Clerical Tech II/Maintenance Facility position for TSP points from 50 to 54 and for compensation from Clerical Level II to Clerical Level III; the adjustments for the Full -Time Building Maintenance Worker position for TSP points from 55 to 58 and for compensation from range D to E; the adjustments for the Utilities Supervisor/Waterposition for TSP points from 78 to 81 and for compensation from range I Exempt to J Exempt; and the adjustments for the Senior Planner position for TSP points from 88 to 96 and" for compensation from range K Exempt to range M Exempt. FACTS: The City of Eagan was required by the pay equity law to develop a position evaluation system to evaluate every position in the City and toadjust compensation rates related to these evaluations according to requirements 'of the act. The pay equity law also requires periodic reviews of evaluations. Current review indicates that there are five positions' TSPs that should be revised. ATTACHMENTS: • Memo from Assistant to the City Administrator Duffy attached on pages / through _4. TO: FROM: limits MEMO city of eagan CITY ADMINISTRATOR HEDGES ASSISTANT TO THE CITY ADMINISTRATOR DUFFY MAY 15,1998 SUBJECT: TIME SPENT PROFILE REVIEWS History For your information, at your request and as you are aware, the City was required by the pay equity law to develop a position evaluation system to evaluate each position at the City and to adjust compensation rates related to these evaluations according to requirements of the act. The City joined with approximately 150 other jurisdictions in the state to develop the Time Spent Profile (TSP) system currently used. Employees at all levels in the jurisdictions were utilized to develop task descriptions and to evaluate each of the tasks. (Please note that it is the position which is evaluated and not the performance of the person or persons filling the position.) The City of Eagan began pay equity adjustments in October of 1986 and finished with the initial adjustments in July of 1988. Five pro -rated adjustments were made to those positions which required adjustments. The pay equity law also requires periodic reviews of evaluations. The City of Eagan always reviews a TSP when an employee resigns before advertising for a replacement. In addition, for approximately the first five years of the current plan, employees and/or their supervisor could request on an annual basis that a position's TSP be reviewed. Between 1986 and 1991, probably forty to fifty TSPs were reviewed and approximately 15 positions received appropriate compensation adjustments. Staff became concerned in the early 1990s because it appeared that the same employees were requesting TSP reviews year after year and others never were. The result was that the TSPs which were frequently reviewed were tighter, more accurate and more up to date than those which had not been reviewed since the TSP was originally designed. Therefore, a City-wide review of all TSPS for regular positions was begun which concluded in 1993. This included a review of over 100 TSPS. The result was an adjustment for approximately ten positions. Two additional adjustments were made in 1996. S stem As you are aware, the responsibilities of a position must change significantly in order for the TSP's point total to change. Just because an employee is doing more of the same work (volume) due to Eagan's growth, it will not affect the point total. TSP point totals at the City of Eagan range from a low of 40 to a high of 124. Each pay range contains five points, i.e., 36 to 40 points would be one pay range (Pay Range A), 41 to 45 another (Pay Range B), all the way up to the highest pay range of 121 to 125 points (Pay Range R). For non -collective bargaining employees, each pay range increases by 8%. Current In the last six to nine months, I have received requests from employees and/or their supervisors to review approximately ten TSPs. That review is now complete. The results for five of the positions indicate that no change in compensation range is appropriate. However, there are five positions for which the results indicate a change. The duties and responsibilities of those positions have changed significantly since the 1993 review and/or since the position was created if it was created after that review. Those positions are: Office Supervisor/Police Department: The points for this position changed from 69 points to 73. The responsibilities of this position significantly changed in that actual clerical work was eliminated and supervisory, administrative and MIS functions increased. Therefore a change in compensation range from G to H is indicated. 2. Clerical Tech II/Malntenance Facility. The points for this position changed from 50 to 54 points. The responsibilities of this position changed when the employee holding the position retired and a new employee assumed the duties of that position as well as additional responsibilities. In fact, because the person in this position assumed many tasks of a Clerical Tech 111, it was not necessary to fill the vacant half-time Clerical Tech III position at maintenance. Therefore a change in compensation from Clerical Level II to Clerical Level III as listed in the collective bargaining unit agreement with the Clerical unit is indicated. 3. Full -Time Building Maintenance Worker: The points for this position changed from 55 to 58. The responsibilities of this position have changed from 1993 to include more responsibilities with the additional buildings and their equipment. Therefore, a change in compensation range from D to E is indicated. (For your information, all other full-time maintenance worker positions also have a point value of 58.) 4. Utilities Supervisor/Water: The points for this position changed from 78 to 81. The responsibilities for this position have changed since it was created in a reorganization three years ago to include less technical and more supervisory and administrative tasks. Therefore, a change in compensation range from I Exempt to J Exempt is indicated. (For your information, the other Utilities Supervisor position, the two Park Supervisor positions and the Street Supervisor position are currently in the J Exempt range.) 5. Senior Planner: The points for this position changed from 88 to 96. This position was rated at 88 points at the time the Director of Community Development resigned and that position was not filled. At that time, there were two senior planners who assumed responsibility for supervising the planning division activities under the direction of the City Administrator. Since that time, one of the Senior Planners also resigned and the current Senior Planner is acting basically as a division head. Obviously, there was a significant increase in responsibilities. Therefore, a change in compensation range from K Exempt to M Exempt is indicated. Following past City practice and to conform to our evaluation system as required by the pay equity legislation, it is recommended that the above adjustments be approved. If you need any further information, please contact me. Assistant to thJ Cite Administratbr Agenda Information Memo May 19, 1995 Eagan City Council Meeting B. SERVICE STATION LICENSE RENEWALS ACTION TO BE CONSIDERED: To approve service station license renewals for service stations within the City of Eagan as presented. FACTS: • City Code requires that service stations within the City of Eagan be licensed on at least an annual basis. The City is in receipt of applications from eight current license holders. • The applications have been reviewed by City staff and are in order for consideration by the Council. ATTACHMENTS: • Service station licensees attached on page � . 1998-1999 SERVICE STATION LICENSE RENEWALS Tom Thumb 1815 Diffley Road Eagan, MN 2. Tom Thumb 1446 Yankee Doodle Road Eagan, MN 3. Speedway Superamerica #4464 2250 Cliff Road Eagan, MN 4. Speedway Superamerica #4049 4200 E. Highway 13 Burnsville, MN 5. Speedway Superamerica #4182 1406 Yankee Doodle Road Eagan, MN 6. Speedway Superamerica #4335 1379 Town Center Dove Eagan, MN 7. Walstad's Eagan Amoco 4205 Nicols Road Eagan, MN 8. Rudy's Sinclair 3946 Nicols Road Eagan, MN Agenda Information Memo May 19, 1998 Eagan City Council Meeting C. TREE CONTRACTOR LICENSE FOR•SHERWOOD TREE ACTION TO BE CONSIDERED: To approve a tree contractor license for Sherwood Tree as presented. FACTS: • The City isin receipt of atree contractor license application from Sherwood Tree operating out of Lakeville. • The application has been reviewed by staff and is in order for consideration by the Council. ATTACHMENTS: • Application attached without page number. 13 Agenda Information Memo May 19, 1995 Eagan City Council Meeting D. CONSTRUCTION/DEMOLITION DEBRIS HAULER LICENSE AFFORDABLE CONTAINER SERVICE ACTION TO BE CONSIDERED: To approve a construction/demolition debris hauling license for Affordable Container Service as presented. FACTS: The Cite is in receipt of an application from Affordable Container Service. The application has been reviewed by staff and is in order for consideration by the Council. ATTACHMENTS: • Application enclosed without page number. N Agenda Information Memo May 19, 1998 Eagan City Council Meeting E. PROCLAMATION OBSERVING PAUSE FOR THE PLEDGE OF ALLEGIANCE ON JUNE 14 AT 6.00 P.M. ACTION TO BE CONSIDERED: To proclaim June 14, 1998 at 6:00 p.m. to be a time to "Pause for the Pledge of Allegiance" in the City of Eagan. FACTS: The City is in receipt of correspondence from the National League of Cities requesting Eagan proclaim 6:00 p.m. on Sunday, June 14, Flag Day, as the 'Pause for the Pledge of Allegiance." ATTACHMENTS: • Proclamation on paee z,6 • NLC Correspondence on pages /? through U 1-50� PROCLAMATION CITY OF EAGAN ANNUAL NATIONAL PAUSE FOR THE PLEDGE OF ALLEGIANCE TO THE FLAG National Flag Day — June 14, 1998 WHEREAS, by Act of Congress of the United States dated June 14, 1777, the first official Flag of the United States was adopted; and WHEREAS, by Act of Congress dated August 3, 1949, June 14 of each year was Designated "NATIONAL FLAG DAY'; and WHEREAS, the Congress has requested the President to issue annually a proclamation designating the week in which June 14 occurs as "NATIONAL FLAG WEEK'; and WHEREAS, on December 8, 1992, the National Flag Day Foundation was chartered to conduct educational programs and to encourage all Americans to PAUSE FOR THE PLEDGE OF ALLEGIANCE as part of the celebration of National Flag Day throughout the nation; and WHEREAS, by Act of Congress, dated June 20, 1985, Public Lay 99-54 was passed to have the PAUSE FOR THE PLEDGE OF ALLEGIANCE as pan of the celebration of National Flag Day throughout the nation; and WHEREAS, Flag Day celebrates our nation's symbol of unity, a democracy in a republic, and stands for our country's devotion to freedom to the rule of all, and to equal rights for all; NONN, THEREFORE, the Eagan City Council hereby proclaims 6:00 p.m. CDT on June 14, 1998 to be the observance of the PAUSE FOR THE PLEDGE OF ALLEGIANCE TO THE Flag and urge all citizens of Eagan to join all Americans at that time in reciting the Pledge of Allegiance to the Flag of the United States of America. Motion made by: CITY OF EAGAN' CITY COUNCIL Seconded by: By: Those in favor: Its Mayor Those against: Attest: Its Clerk Dated: 16 CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing proclamation was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19`h day of May, 1995. E. J. VanOverbeke, City Clerk City of Eagan National 1301 Pennsylvania Avenue N.W. Officers C.J� �l! � ION 17701 IOrU Logue Washington, D.C. Peasantry of 20004.1763 Brian J 0 Neal mper Pmlacelpna Penrti":apa Cities (202)626.3000 Council"I Fall' (202) 626-3043 Fast trice P,..,mr Cbrence E Amhony WwV!nl[.Org stay. SwIl Bat Ebrga Seton. Lxe poldemt April 27, 1998 Baann"a Maym tvcmta I.M.., Immmare pair gea.ea Lfar'. StnsanJ Cdarc, ktema<r 0.14pic a Ce, 0-M-ama Dear Mayor: E..:.1r.. Dmraa Donald J Borot I am writing this letter to our nation's municipal leaders to encourage you to lead your community on Sunday, June 14, in the 19th annual national "Pause for the Pledge of Allegiance" as part of Flag Day observances throughout the United States. Like Independence Hall and the Liberty Bell, the American flag is a universal symbol of the enduring national unity and spirit of the American people. Whether flying atop the White House or the Capitol, outside a City Hall, inside a school auditorium, or from the front porch of a neighborhood home, our flag signifies the freedom and opportunities we all enjoy. The Pledge of Allegiance has become a way for all Americans to celebrate and affirm our heritage; it is a statement of our shared beliefs and aspirations. The "Pause for the Pledge of Allegiance" is a call for Americans everywhere — regardless of age, race, religion, national origin, geographic or political differences — to join in reciting the Pledge of Allegiance at 7 p.m. EDT on Flag Day. The ceremony was conceived in 1980 by the National Flag Day Foundation in Baltimore and has become an annual event since then. It has gained widespread support from the Presi- dent and Congress, from state and local leaders, and civic, business, service, veterans and educational groups nationwide. The "Pause for the Pledge of Allegiance" was made an official Flag Day ceremony by an Act of Congress in 1985. The national ceremony will again be held at Fort McHenry in Baltimore, where Francis Scott Key saw our young nation's flag flying -during the War of 1812 — above the ramparts, by the dawn's early light — inspir- ing him to write about "The Star Spangled Banner" in words that became our national anthem. President Clinton has been invited to lead this year's "Pause for the Pledge of Allegiance" from the White House. In its effort to spread the word about Flag Day and the "Pause for the Pledge of Allegiance," the National Flag Day Foundation has assembled a useful set of information and resources that can be downloaded from their Internet website: ww-r.flagday.org. The materials include a sample proclamation, information about organizing events in your community, historical and educational materials, and other suggestions. The enclosed request form can also be sent or faxed to the Foundation's offices in Baltimore to obtain information. Help your citizens become part of this brief but powerful expression of national solidarity and fellowship. Join in the "Pause for the Pledge of Allegiance" on Flag Day. Sincerely, Q �p Brian J. O'Neill, President Councilman Philadelphia, Pennsylvania enclosure Pada Prniornls' Glands E NpoC Lara 01manao Florida - $harp* James. Mayor Naar• No* Jersey ' Gregory Lnnptaa. Ua Tar Cowmaus Omo • Cal y Reynolds. Cap CC nee P -ea ae„t Cenral Cack"zo' Directors; Floyd Adams. Jr., Ma,r Sawnna]. Gee•Ca - Par it afternoon, Covne+man tis Vegas ur.aCa • E. N. AMOodeu. Mayor Pro Tem RK STmgs tlortn Ca•wd - John 6. Andras, E•ecuwe D•ttvol rteA Namaanne r funcraai Aasatufgn • Dan... W, Archer. 1.4d, Detroit Ln�.rpan - Sharon Sayles Belton. llayor Lemonors M.nnesata • George elact.coa. Jr_ Marna pro TO, ,4raas Car L'+aaour, Thomas G. Bnda.rp. E+*e.9.e D recto, fad League of Gun - George A. Brown, Jr.. Counco,raFir Le•mgion.Fayene v.era,io Susan J. Cave. ,.,C."*d•eCtm Onrp ::u Kroat ague Mary Clark. Counobvmx• Cancer, Swim Carotri • Frans Clinton, bUyd...'s IRnds • Nal Dead 1A.M Dgay Y.e.riaY • a.m. omo.ma. Jr. caro• NO, 4,.en Co^nerncat - Sue Donaldson. Cwnc up emoer Sao,,, waanmg:on - Thomas Duane. Cwr0memu. Ne. kor•. No, viz. ' Jerry Dunn. 1.4)w Solo • Teas • Howard E. DuwII,Jr..E•ew,e Dm,11or'funic.”: NF%uf9n o! Salm Carlen • Gene Footman, Apri n Epsilon Ibmaa' William EFWginiti, Eratutr.e Greetor New LYr2p rtun'Ci:al Lea-., John Garner• Jr.. Eueccu•e Dneua pemsyf.anu League of Cir., and rbmoaalaea • Nail G. Giuliano. lAayw Temoe Arizona • Theme& J. Grady. Erocuu.e Grotto, Neraca Logue.' Cron Vamr Nonanau. Counnme::Y t"acc'• Teen • Pat., J. Niuura. mayor EaI OPM Going • Patricia Locaprood . M:: -ligan - Jack Lynch, Chat E•etun.e Bwfe L's:au Lord.A Morton. L:Sror ta.uooe ChNrada • Joe Sturdy, ASSe^..•Jryron AmCnaraga A:u•a - Jenny Oropeia, Cou cpim.n. , Long Beach CaYorma - Mary C. Ppu. 6faym Pro Tem Divas Teras - Smalu 5aral.'s urrc+memaer El Centro Camomu Wrjori*B. Schramm. h+aye n...00a las1ftn • Elicit Smmh,Camad PreS•aml JaCksorvee F1d•rda • Barry Smith•MayCr Green•odo lAssdasp Oanial M. 5war, layer 00asa Tennessee Connie Snryn zyntys. E•ecuop< Grector Nonn Depot& League or Ca,es • Lours* M. Sluc+ aynorn, Conworna- vmg,ma 13.. ^- V, Tammy v SMm. r:Jyd' JAC•F4.de Prances • Jack L. Valencia, Jr.. Courcy, Los Cruces New Mr,to 40111100 Pad*' /di NATIONALFLAG DAY FOUNDATION, INC. 418 South Broadual' tic Baltimore, Man'land 21231 * (410) 363 -FLAG * F.4\ (410) 342.8663 Miller) Rodham Clinton Dear Mayor: Honorary A'aocncf Choir April, 1998 Pamr for rhe Pirdgr ¢Lulsianrr Program On behalf of the National Flag Day Foundation Board Members and the many volun- teers of the Foundation, I express our gratitude to you, your City Council Members; Chairman and the citizens of your community for participating. in the Foundation's. 39th annual Mtn ry A.man Rosenberg.) r. National PAUSE FOR THE PLEDGE OF ATI.EGIANCE program of national unity. Chairman e: the Board P $ Cra-m Cen:nl Petroleum Pruidrnt&icundn Your President, Brian O'Neill. has described the Foundation's program vary well. in his --Eouis V. Koerber Chilnsn leder to"the League of Cities' Members. The National Flag Day'Foundation and the Budikes Pilae. to:. National League of Cities are joining hands as partners for the 16th year to honor our iiu Pru idem Nation and our Flag on Flag Day, June 14. Richard M. Patterson. The National Fla Day Foundation thanks you for our leadership as you help us $ Y Y P Y P CLC. ChFC Pannership Financial Senicts tare ask your support and cooperation in these specific ways: Trmsurrr nation. Ane E. Quirk - Please send us a copy of your letter to President Ciin[on urging him to lead all Vice Prm em Fim \niwa. Ezn of );r.•and Americans:in the 19th annual. National PAUSE FOR THE PLEDGE OF AT VEGIANCE Fanner Channin, loini Chills on Flag Day, June 14. Jrrrrmrc George E. Thomsen. Esq. Th:mserS Bu:ke - In }our'press release, please encourage gjj of your citizens to PAUSE FOR TILE awfau PLEDGE'.OF ALLEGIANCE wherever they'are at 7:00 p.m. EDT. Only their imagina- George V. McGowan Chaff.min. Executive Commmee tion limits what they can do to encourage additional participation. Biltimere Gas k Elecuic Co. James McManus (McK21) - After Flag„Day, please send copies of Proclamation and copies of local media Spam Commeaworgoumolist ABC ielmsienSehrork coverage you have received. Jolie Mercer M2n2g1hg P61np11 - Please use your Internet address listed below to obtain your 1998 Flag Day program Columbia Consulung Group materials. Larl.S. Richardson, Ed.D. Presi Marian' )lorgar, Sure Cniursi¢ The National Fla Day Foundation thanks you for our leadership as you help us $ Y Y P Y P Brooks. Robinson "Pass the Baton of Patriotism” to the youth of America. They truly are the future of our Bactill Fill of Fame nation. General John R'. Vessel; Jr., [°SA (Rt;J Sincerely, Fanner Channin, loini Chills of Staff. the Pentagon Alan R. dalden Neal Anchor Louis V. Koerber Look for us on the Internet TBAL-Radio President and Founder http://vswwr.flagday.org. Directors Emma: Merben E. It ion. Esq. Dr. Milton S. Eisenhower (1899.1965) /9 (over. please) WE WOULD LIKE TO SHARE WITH YOU INFORMATION ON ADDITIONAL EDUCATIONAL PROGRAMS OF THE NATIONAL FLAG DAY FOUNDATION, LNC. vine American Fla Since 1984 approximate]%' 3,500, 3rd. 4th. and 5th graders from public, private and home study schools in Baltimore Cin• and the surrounding counties have formed a Living American Flag in May at Fort McHenry. Francis Scott Key, Mary Pickersgill and additional historic characters in period clothing engage with the students about their place and period in history in the 1800's. "21 Days to Honor America" The L°sited States Congress dedicated the period from Flag Day, June 14th through Independence Day, July 4th. as "21 Days to Honor America" (89 STAT.211). Our goal is to see authentic reproductions of the historic Star-Spangled Banner flag fly on all government. businesses; civic and service organizations and private flagpoles within Baltimore City during those official 21 days. u'e. of course, welcome others throughout the Country to participate. Man -land's Salute to Flap, Day Program Maryland's Secretary of State and its State Department of Education join the National Flag Day Founda- tion in Annapolis to honor outstanding high school students from Baltimore City and each of Maryland's counties. Each local school Superintendent selects a student from a junior class based on acaderr c standing. participation in school activities and involvement in community service. Students carry their county or circ flags in a colorful parade followed b}a prominent state official speaker; distribution of awards. tour and a luncheon in their honor. "We are pleased to announce that the Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America Inc. (SPEBSQSA), has accepted our invitation to provide music at this year's National PAUSE FOR THE PLEDGE OF AT ceremonies in communities across the country. The rich blend of male voices performing patriotic songs will be a wonderful addition to our obser- vances. Local governments can find district listing of SPEBSQSA chapters and a color logo at the SPEBSQSA web site located at vmw•.spebsgsa.org." MW Agenda Information Item MAY 19, 1998 Eagan City Council Agenda F. FINAL SUBDhN'ISION - MURPHY'FARAI 2?D ADDITION ACTION TO BE CONSIDERED: • To approve a Final Subdivision (Murphy Farm 2"d Addition) consisting of 5 lots on approximately 2 acres located on the east side of Murphy Parkway, in the NRV 1/4 of Section 21 subject to the conditions recommended by t}ie Council xvith'the preliminary subdivision. FACTS: • The City Council reviewed and approved the preliminary subdivision for Murphy Farm 2nd Addition at their regular meeting on November 3, 1997. • Final plans, development contracts, and financial guarantees are in order. ATTACHMENTS: Final plat drawing, pagepll Is MURPHY FARM 2ND ADDITION A- SHEET L OF 7- HFI CI SHEET L OF 7- HFI Agenda Information Memo May 19, 1998 Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve a recommendation by the Airport Relations ,Commission that the City of Eagan requests an extension of the comment period from June 15 to June 17 for public comment regarding the final environmental impact statement for the expansion of the airport under the dual track airport planning process. FACTS: The City received its copy ofthe final environmental impact statement. for the. Minneapolis St. Paul dual track airport planning process on Monday, May 11. As a consequence, it was not possible for a review of the item to be completed in time for the Airport Relations Commission'meeting,of May 12. While the 30 day, comment period between May 15 and June 15, 1998 spans two City Council meetings, it was the Commission's request that it be given an opportunity at its meeting of June 9 to prepare a recommendation for Council consideration on June 16. • If the request is not approved, staff will prepare an evaluation and draft comments for City Council consideration at its meeting of June 2. ATTACHMENTS: • MAC and FAA correspondence on page a3 aAIRPORTS DISTRICT OFFICE U.S.Deportment 6020 28th Avenue South, 11102 oflmnsportoton Minneapolis, Minnesota 55450-2706 Federal Aviation May 8, 1998 Administration TO: Interested Persons and Agencies FROM: Franklin D. Benson—Manager, Airports District Office; Federal Aviation Administration Nigel D. Finney—Deputy Executive Director, Planning and Environment; Metropolitan Airports Commission DATE: May 7, 1998 SUBJECT: Final Environmental Impact Statement (FEIS) Minneapolis -St. Paul International Airport Hennepin County, Minnesota Enclosed for your review is the Final Environmental Impact Statement (FEIS) for the Minneapolis -St. Paul Dual Track Airport Planning Process. The Federal Aviation Administration (FAA) and the Metropolitan Airports Commission (MAC) have jointly prepared the FEIS on the potential effects of the addition of a new 8,000 -foot runway and other improvements at the Minneapolis -St. Paul International Airport (MSP). The HIS also summarizes and references the FAA's Section 409 Evaluation on the project's anticipated impacts on historic and archaeological resources and, in pacticular, on the Minnesota Valley National Wildlife Refuge. The FAA's Section 4(f) Evaluation, a separate document, was sent to federal, state and local agencies, and to interested parties on May 1, 1998. The review period for the Section 4(f) Evaluation is May 1, 1998, through June 30, 1998. The FAA is responsible for assuring the FEIS complies with all applicable federal requirements and the MAC is responsible for assuring the HIS complies with all applicable state requirements. The Minnesota En irorunental Quality Board will make the Determination of Adequacy for the state, while the FAA findings on the federal actions will be made in its Record of Decision. The review period for the FEIS is May 15, 1998, through June 15, 1998. - Written comments on the HIS will be accepted until the close of business on June 15, 1998, and may be directed to: Ms. Jenn Unruh Metropolitan Airports Commission 6040 2V' Avenue South Minneapolis, MN 55450 The MAC will be receiving all comments on behalf of the MAC and the FAA. Additional copies of the referenced environmental documents are available upon request. Contact Jenn Unruh, MAC, at (612) 726-8189. Q_ y Agenda Information Memo May 19, 1998 • :Dl • "Mels X0 I P1 ACTION TO BE CONSIDERED: To approve the plans for Contract 98-13 (McKee Addition Street Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, June 11, 1998. FACTS: Contract 98-13 provides for the reconstruction of the bituminous streets and improvements to the storm sewer within McKee Addition as outlined and discussed in the feasibility report for Project 733. On April 21, 1998, the City Council held a Public Hearing for Project 733. After hearing comments from some of the affected property owners within the McKee Addition Neighborhood, the council approved the project and authorized the preparation of detail plans and specifications under a contract. The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. 0 Agenda Information Memo May 19, 1998 I��:Zi11l�I�iI�3rII1 � � : ► t ACTION TO BE CONSIDERED: To receive the feasibility report for Project 734 (Town Centre 100 Sidewalk Improvements) and schedule a public hearing to be held on June 16, 1998. FACTS: In fall 1997, City staff received a request from the Dakota County HRA requesting the City Council to initiate a public improvement to provide for the extension and completion of the sidewalk system within the Town Centre 100 development. On December 16, 1997, the City Council directed staff to prepare a feasibility report considering sidewalk improvements within the Town Centre 100 area. This feasibility report has been completed and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. Agenda Information Memo May 19, 1998 Oki 21 go WNRIJ 9 1 a Isla 10 1 asiv 3101310 &1 ACTION TO BE CONSIDERED: To receive the feasibility report for Project 742 (Wescott Hill Drive Street & Utility Improvements) and schedule a public hearing to be held on June 16, 1998. FACTS: On April 21, 1998, as part of consideration of the Royal Oaks Addition preliminary subdivision and in response to a petition from residents along Wescott Hills Drive, the City Council directed staff to prepare a feasibility report considering street and utility improvements within Wescott Hills Drive south of Yankee Doodle Road. This feasibility report has been completed and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. ATTACHMENTS: Draft Feasibility Report will be included with the Additional Information Packet on Monday. Agenda Information Memo May 19, 1998 1 ACTION TO BE CONSIDERED: To receive the feasibility report for Project 738 (Rocky Lane - Street & Utility Improvements) and schedule a public hearing to be held on June 16, 1998. FACTS: • The addition of a second sheet of ice to the Civic Arena has created the need for additional parking. • On April 21, 1998, the City Council directed staff to prepare a feasibility report considering street, utility, and parking lot improvements to provide the needed parking area and improved access (Rocky Lane) for the Civic Arena. • This feasibility report has been completed and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. Agenda Information Memo May 19, 1998 ��:Zi1fI�•JI • � � • ACTION TO BE CONSIDERED: To receive the feasibility report for Project 737 (Jubilation Addition - Utility Improvements) and schedule a public hearing to be held on June 16, 1998. FACTS: • Inver Grove Heights has approved a preliminary subdivision for a mixed-use commercial/residential development located along the east side of Highway 3 at the intersection of Diffley Road. • Inver Grove Heights has petitioned the City of Eagan to extend the required utilities to the development in accordance with the 1997 Joint Powers Agreement. • On March 2, 1998, the City Council directed staff to prepare a feasibility report considering sanitary sewer and water service improvements extending to the proposed development. • This feasibility report has been completed and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. ATTACHMENTS: • Draft Feasibility Report will be included with the Additional Information Packet on Monday. Z)9 Agenda Information Memo May 19, 1998 low : :I. O I� ACTION TO BE CONSIDERED: To receive the petition to vacate a portion of public right-of-way, Rusten Road, and schedule a public hearing to be held on June 16, 1998. FACTS: • City staff has received a petition by the Developer of the proposed Deer Rest Pond development to vacate excess Rusten Road right-of-way. • The City currently has 84.5 feet of right-of-way along the northerly 143.84 feet of Rusten Road and 60 feet of right-of-way from a point south of the proposed subdivision to Storland Road. • The Developer needs the additional property from the vacation in order to meet the City's minimum subdivision requirements for the proposed Deer Rest Pond. • As a part of the plat, City staff will review development proposals to ensure that all right-of-way and easement needs are dedicated. ATTACHMENTS: • Location map; page 3—L�. • Legal description graphic, pages �Q and,33 30 -VY;: IAIRN.�,'Vll. L C I ogv moc O mcom X C: CD 0 10 03 m z D -VY;: IAIRN.�,'Vll. L C I BOLTON 81- M E= -N K Consulting Engineers & Surveyors 1515 East Highway 13 • Burnsville. MN 55337-6857 Phone (612) 890-0509 . FAX (612) 890-8065 PROPOSED RIGHT OF WAY VACATION All that part of Ruston Road described as follows: I NC_ Commencing at the Northeast Comer of Lot 7, Block 1, SLATER ACRES, according to the plot thereof on file and of record in the office of the County Recorder, Dakota County. Minnesota; thence South 00 degrees 27 minutes 46 seconds West assumed bearing along the east line of said SLATERS ACRES a distance of 117.55 feet to the Northwest comer of Rusten Road and the point of beginning; thence South 43 degrees 01 minutes 27 seconds East a distance of 20.81 feet; thence along a nontangential curve concave to the east having o radius of 55.00 feet, a central angle of 28 degrees 03 minutes 06 seconds, on arc length of 26.93 feet, a chord bearing of South 32 degrees 57 minutes 00 seconds West and a chord distance of 26.66 feet to the east line of said SLATER ACRES; thence North 00 degrees 27 minutes 46 seconds East nontangent to said curve and along the the east line of said SLATER ACRES a distance of 37.58 feet to the point of beginning. AND All that part of Rusten Road described as follows: Commencing at the Northeast Corner of Lot 7, Block 1, SLATER ACRES, according to the plat thereof on file and of record in the office of the County Recorder, Dakota County, Minnesota; thence South 00 degrees 27 minutes 46 seconds West assumed bearing along the east line of said SLATER ACRES a distance of 189.97 feet to the point of beginning; thence Southeasteriy along a nontangential curve concave to the northeast having a rodius of 55.00 feet, a central angle of 50 degrees 53 minutes 49 seconds, on arc length of 48.86 feet, a chord bearing of South 21 degrees 06 minutes 15 seconds East and a chord distance of 47.27 feet; thence South 00 degrees 13 minutes 12 seconds East nontangential to said curve a distance of 143.64 feet; thence North 89 degrees 32 minutes 14 seconds West a distance of 34.50 feet to the southerly extension of the east line of said SLATERS ACRES; thence North 00 degrees 27 minutes 47 seconds East along the east line of SLATER ACRES and its southerly extension a distance of 177.88 feet to the point of beginning. M MANKATO, MN FAIRMONT, MN SLEEPY EYE. MN BURNSVILLE, MN AMES, IA LIBERTY, M v h U OSED LOT 3 I / pJ / 09 4, / DEDICATED RUS N ROAD7-- PROPOSED LOT 4 0 'I. 5 'PROPOSED VACATED RUSTEN ROAD 1 i 0 I'_ Jh.'`to s $hF)N O'i iQmV 1 i V 3 1 15 city of eagan pff PUBLIC SITE MAP WORKS3- DEPARTMENT L; Agenda Information Memo May 19, 1998 ACTION TO BE CONSIDERED: To receive the petition to vacate a portion of public right-of-way, including Cedar Street ana Trails End Road, and schedule a public hearing to be held on June 16, 1998. FACTS: • On February 18, 1998, City staff received a petition from Mike Black representing Royal Oaks, the developer of Royal Oaks subdivision, requesting the vacation of right-of-way associated with the proposed plat. • All utilities and access rights within the right-of-way to be vacated are either unnecessary or will be covered by public right-of-way and easements to be dedicated on the final plat of Royal Oaks. • The purpose of this vacation is to remove all unnecessary right-of-way to avoid future title problems. The current right-of-way is not compatible with the proposed development. • As a part of the Royal Oaks platting process, City staff will review development proposals to ensure that all right-of-way and easement needs are dedicated. ATTACHMENTS: • Location Map, page YS� • Easement Vacation Maps, pages and32 3Y -i� W Y YANKEE DOODLE ROAO LIE D. -- -- - -- ------ SCOT S0. -- Z-- WIO ry`9•� OR. CARR/AGE HILLS zi WESCOTT NO z• GOLF COURSE TRAIL I COLFVIEW O T. NY CT. _� I -EARY PARK � OAKS T R, i oPROPOSED VACATION i C.) o O' P tW000 TR. p BLUE ✓4� 3I �4PC7. AT OAK LAND U D y I CT C3 GREAT OAK > O LN. LANO WOOD DUCKWOOD DR.- - - - BETTY�O - !4� - rn I � JAY WA U FALCON WAY > I Y al I4l �n city of agan PUBLIC WORKS DEPARTMENT a 3 J LN. FARM z J U T ".J WESCOTT ROAD I I m � 0. (p 2 SECTION 14 PR GRTi OAKS 04f N ICIR. 'O! ELRENE ARBOR • CT.� CT. )OVERLOOK PU. SOU S.H. WAY HILL m J T mP �2 0 0 O � lyO S.H. SC CIR !! H Ce - �r m 3S LOCATION MAP FEB -15-:999 13:13 JNPES P. HILL. IIIC. SKETCH AND DESCRIPTION DESCRIOTIONS FCR PROFOSEC RCA.0 VACATIONS TRACT A 612 890 62a.: F.03,0z That port of the west 30.00 feet of Center Street, as plotted and dedicated in wrSCOTT GARDEN LO'•S, according to the recerdea plot thereof, Dakota County, Minnesota, which lies southerly of the center line of Cedar Street, as plotted Cnd dedicated in said olat cna northerly of the easterly extension cf the south line of Lot 1, Block 3, said plot. TRACT 8 That par' cf the south 30.00 feet of Ceicr Street, as p:cited and dedicated in WESCCTT GARDEN LOTS, according to the recorded plot thereof, Dakota County, Minnesota, which lies westerly of the-,crther.y extension of the east line of Lot 1, Block 3, said plot and easterly of the northerly extension of the west I:ne of said Lot 1. TRACT C That pert of Cedar Street, as platted and dedicated in WESCOT- f.GARDEN LOT S. according to the recorded plat thereo, Dokoo Coun,y. Minnesota, Iwester! y of :he northerly extension of the east line of Lot 2, BloCk 3, soid plat and easterly cf the northerly extension .6f the west line of said Lo'. 2. I hereby certify that this pion. specificotior or report was p'epered by me or under my direct suoervisioh and that I crn c duly ,ice^.sed Land Surveyor under the !cws of the State of Minnesota. CSD Ln e) nom: Signed this 16th day of Fetrucry, 1998. For: James R. Hill, Inc. 8Y------------ --------------- - - - - -- Randy M. Morton. Land Surveyo•, -cense No. 21401 y V Hill, inc. PLANNERS / 2500 W. C1'. RD 42 • I C V O ADS : I b CSD Ln e) nom: 4-' \ n `^1LID 0 0 DO 36 James R. Hill, inc. PLANNERS / 2500 W. C1'. RD 42 • ENGINEERS / SURVEYORS BIJFNSVILLE, MN. 5533? • 617-890-GC44 FEB -16-1999 13:1_ JAPES P HILL. VK. 612 690 6_a.: P.cc:0.; SKETCH AND DESCRIPTION I f i NORTHERLY EX 14SION OF NORTHERLY EXTENSION OF / THE 'REST UNE OF LO' 1 / THE WEST UN: OF LCT 2 / TRAti B � � TRACT C CEDAR STREET 37.604 SF I Asn sv NORTHERLY EXTENSION OF / Ix 0 THE EAST LIME OF LOT 2 CENTER LINE OF CEDAR STFE_T ' / NORTHERLY EXTENSION OF J THE EAST UNE OF LOT 1 —1 n- 2f F- _ LOT wi U F- FLOCK 3 U H O - TRACT A N U LO � W I� EASTERLY EXTENSION OF � 0 W THE SOUTH UNE OF LOT 1 (, i 1 I � I Scale: 1"=200' Page 2 of 2 James R. Hill, Inc. Agenda Information Memo May 19, 1998 • • • ACTION TO BE CONSIDERED: To approve the plans for Contract 98-12 (Family Aquatic Facility — Grading and Utility Improvements) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, June 11, 1998. To approve the plans for Contract 98-14 (Family Aquatic Facility— Site Clearing and Grubbing) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Monday, June 1, 1998. FACTS: Contract 98-12 provides for the grading of the aquatic facility site and construction of the parking lots and utility improvements to serve the proposed family aquatic facility. Contract 98-14 provides for the clearing and grubbing of the aquatic facility site to prepare for the site grading. The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. WAR Agenda Information Memo May 19, 1998 Eagan Cit' Council Meeting ACTION TO BE CONSIDERED: Approve the 3rd and Final Payment for Contract 97- 04 (Cliff Rd. Water Treatment Facility — Standby Generator) in the amount of $13,000 to Gerhart Electric and authorize acceptance for perpetual maintenance subject to appropriate warranty provisions. FACTS: • Contract 97-04 provided for the acquisition and installation of a 750 Killoxvatt Standby Generator at the Cliff Rd. Water Treatment Facility. • The contract was managed by Dakota Energy Alternatives, Inc., (DEAI) who have certified that the work was completed in accordance with the Cit' Plans and Specifications. • All inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. .� 9 Agenda Information Memo May 19, 1995 Eagan City Council Meeting O. RECOI INIENDATION, AIRPORT RELATIONS COMMISSION, EAGAN/A'IENDOTA HEIGHTS CORRIDOR REVIEW ISSUES ACTION TO BE CONSIDERED: To approve a recommendation by the Airport Relations Commission to forward comments to the Metropolitan Aircraft Sound Abatement Council concerning issues to be addressed in the MASAC review of corridor issues. FACTS: The City of Eagan has a long-time commitment to the maintenance of commercial and industrial land uses in the northern part of the City to absorb noise impacts from operations at the Minneapolis St. Paul International Airport. The City views it as an obligation to the MAC and FAA to maintain procedures that will make the best use of that area and minimize noise impacts outside of it. During the mitigation discussions following the dual track planning process decision, mayors of the affected communities met and developed a list of eight issues to be addressed to minimize the impacts of the airport expanding its current site. Among those was a requirement that the MAC analyze the use and effectiveness of the Eagan/Mendota Heights corridor. The Metropolitan Aircraft Sound Abatement Council (MASAC) has identified this as one of its work program issues for 1995. At its meeting of May 12, the Airport Relations Commission discussed the MASAC review and recommended the following list of issues to be considered in that review: Corridor compliance --Maintain operations between runway centerline and 95 degrees. 0 Altitude Analysis --One mile increments from runway to the Inver Grove Heights boundary on the east, Mendota Heights boundary on the north and Eagan on the south and the west. 0 Analysis of operations' consequences from runway redesignation to 10/30. 0 Modification of head-to-head procedures to eliminate need for departures to diverge. Feasibility of standard instrument departure to narrow operations. 0 Non -simultaneous departure procedure analysis. 0 Desirable flight tracks for geographic positioning systems. 0 Potential use of navigational aids for improved compliance prior to GPS. 0 Reconsider best departure profile for corridor operations. ,�/o Agenda Information Memo May 19, 1995 Eagan City Council Meeting R. RECOMMENDATION, AIRPORT RELATIONS COMMISSION, SITING CRITERIA ADDITIONAL REMOTE AUT011ATED NOISE MONITORS ACTION TO BE CONSIDERED: To approve a recommendation by the Airport Relations Commission supporting the siting of additional remote automated noise monitors within the City of Eagan. FACTS: In 1991, the Metropolitan Airports Commission installed an automated noise and operations monitoring system (ANOMS) consisting of 24 remote noise monitoring stations distributed throughout the communities surrounding the airport. This system of monitors is connected with computer hardware and software that correlates noise events with aircraft overflights through radar data provided by the Federal Aviation Administration. As a part of the mitigation discussions associated with the expansion of the airport at its current site, one of the recommendations from mayors surrounding the airport was to consider the expansion of the ANOMS system to provide better coverage of noise impacts and to provide coverage for the future north south runway. • MAC staff has prepared an analysis of siting alternatives and areas of lower coverage within the existing monitor system. They have identified five additional remote monitoring station sites, one of which is in the City of Eagan and another which will be near the boundaries of Eagan, Inver Grove Heights, Sunfish Lake and Mendota Heights. This information was reviewed by the Airport Relations Commission at its meeting of May 12. The Commission is recommending that the City support the additional siting locations based upon the MAC analysis. It is further recommending that a specific site be selected within the proposed monitor site #25 that would provide better coverage of corridor excursions. No specific recommendation is made with respect to potential monitor site 426 other than that the location optimize coverage for the middle of the corridor regardless of the specific location chosen. ATTACHMENTS: • MAC staff memorandum on pages �-A— through -9yw—. 1// MASAC OPERATIONS COMMITTEE MEMORANDUM TO: MASAC Operations Committee FROM: Roy Fuhrmann, Technical Advisor SUBJECT: Additional Remote Monitoring Tower Locations DATE: May 1, 1998 MASAC At the April 17, 1998. MASAC Operations Comminee meeting. MAC staff again briefed the Operations Committee on proposed locations for the placement of additional Remote Monitoring Towers as identified in the Noise Mitigation Program report of November 1996. A complete outline of the procedure will be discussed with the following basic methodology: 1. Use a two mile buffer around the Year 2005 DNL 60 contour, to incorporate the vast majority of existing R IT sites and focus on the areas most likely to be impacted by MSP operations. 2. Anatyze the lan8use within each community to locate the site to provide coverage in areas that are predominately residential use. 3. Overlay aircraft overflight data from one week out of each quarter to resolve seasonality differences and attempt to locate the RMT in an area most beneficial to monitor existing and future aircraft jet operations. 4. Determination of the number of RMT buffer areas that each flight track penetrates. This analysis is used to minimize the number of flight tracks that do not go through the defined RMT buffer areas. Assumptions for Additional RMTs 5. Coverage for each RMT is equal to or greater than the distance to the next closest RMT. 6. Locating additional RMTs closer than the current next closest RMT will not increase accuracy or noise monitoring integrity. 7. The existing RMT noise monitoring coverage area is significantly larger than the distance to the next closest RMT. Determination of RMT siting buffer area 8. Given the above assumptions, the size of the RMT buffer area was determined. by using the mean distance from one RMT to the next closest RMT which is 6208.6 feet. 9. One half of the mean distance is 3104.3 feet. which is used to create a buffer area radius since each RMT would cover at least one half of the distance to the next RMT. 10. with the above RMT buffer size. 715E of the existing twenty four RMT locations are within one standard deviation of the mean. 11. Additionally. 925E of the existing twenty four RMT locations are within two standard deviations of the mean. The original siting methodology used the following criteria: 12. Must be located within 100 feet of electrical power 13. Must be located on public property 14. Located to monitor the majority of operations at MSP. This process was refined multiple times to account for both arrival and departure operations. The arrival paths as well as proposed and existing departure paths were considered during the siting of the original 24 sites. Proposed Action for May 8, 1998 Included with this mailing are the individual community landuses for each proposed location and an overall airport system map displaying all of the RMTs. The proposed locations for sites 27, 28, and 29 are within single family residential neighborhoods and should be relatively easy for the respective cities to select a public property location. However, the proposed locations for sites 25 and 26 may require further discussion. Staff requests representatives from the cities of Eagan and Mendota Heights to carejullY evaluate the potential locations that will best serve the airport communirv. c�3 Page 2 Premed Solutions Current Sites r RMT 0.5 0 0.5 1 Miles 10011; �.' RMT 25 Site No landtns Asalpnsd SbV* Famly Muklpla Family Spaded Vaa A c mmardal k,dusatd AgftuM"f Wity 6 Trwmpo"lan Vacam Psk A ilacraa"an 0 500 Feet LMAC '::' m RMT 26 Site No Larkitr" Assig wd S" Fwnitf MUNIPID FMIPY spedid the Commwclal hxkmbrim AWkLftxal tRARy A TranWo Ion vwwq Perk & Recrestbn 0 SW Feet �1 .MAC' Agenda Information Memo May 19, 1998 Eagan City Council Meeting S. RECOMiitEND4TION AIRPORT RELATION'S CONI'IISSION RESOLUTION CALLING FOR THE LIMITATION OF ADDITIONAL FLIGHT TRACKS DURING THE SOUTH PARALLEL RUNWAY CONSTRUCTION PROJECT ACTION TO BE CONSIDERED: To approve a recommendation by the Airport Relations Commission calling upon the Metropolitan Airports Commission and the Federal Aviation Administration to prohibit the use of flight tracks south of runway centerline from the parallel runways, to limit the aggressiveness of east, southeast and southbound turns from Runway 4/22, to provide flight track data regarding early turnouts from the parallel runways and to hold an informational meeting for Eagan residential areas exposed to unusual flight tracks as a consequence of the runway construction. FACTS: • The Metropolitan Airports Commission is in the process of reconstructing the western one- third of the south parallel runway at Minneapolis St. Paul International Airport. The construction project is anticipated to run from early April to mid-August of 1998. During the construction, the remaining 6,000 feet of the south parallel can only be used for arrivals and departures of smaller aircraft. The remainder of the aircraft, representing about 160 operations per day, are being shifted to the crosswind runway, Runway 4/22, that lies between St. Paul and Bloomington and Richfield. • Operations on that runway that have east, southeast or southbound destination points are turning over residential areas of Eagan that typically are not exposed to aircraft operations at loxv altitudes and high frequencies. While newspaper and newsletter articles have been distributed concerning this matter earlier this spring, residents have begun to express concerns since the construction activity has begun. In addition to telephone comments, a number of residents from the Cedar Grove and Blackhawk Lake neighborhoods attended the Airport Relations Commission meeting on May 12 to express their concerns. • The Airport Relations Commission has placed this item on their June agenda for further discussion of additional alternatives. In response to the neighbors' concerns, however, initial comments in this regard are being forwarded for Council consideration. • In addition to increased activity on Runway 4/22, it would appear from staff and public observations that aircraft are being turned significantly south of the noise compatible corridor at the same time. Such a modification of corridor procedures was not indicated as a possibility by the MAC and would appear to have no legitimate relationship to the runway construction project. Specifically, it was the MAC'S contention that noise impacts in the neighborhood surrounding the corridor would actually decrease during the construction perlod. Agenda Information Memo May 19, 1995 Eagan City Council Meeting Among the issues that will be considered by the Commission at its June meeting will be whether to request that the MAC accelerate the installation of ANOMS noise monitors for the north south runway to capture noise events associated with Runway 4/22 as well. While the construction activity and the Runway 4/22 operations are expected to be completed by August of this year, construction of the east end of the same runway in 1999 will result in similar operations for a similar period of time. Residents have also begun to express concern that this experience is indicative of the impacts that will occur with the construction of the north south runway which is expected to be operational in the year 2003. ATTACHMENTS: • Resolution on pages —4— throughSD . q,F CITY OF EAGAN RESOLUTION CALLING FOR THE MITIGATION OF AIRCRAFT NOISE IMPACTS ASSOCIATED WITH THE RECONSTRUCTION OF RUNWAY 12R/30L WHEREAS, the City of Eagan borders the Minneapolis -St. Paul International Airport (MSP) and the City has taken special measures to limit the development of noise sensitive land uses in areas where aircraft overflights have been anticipated, and WHEREAS, the Metropolitan Airports Commission (MAC) has undertaken the reconstruction of the westerly one-third of Runway 12R/30L, one of the primary parallel runways at the airport, between April and August, 1998, and WHEREAS, the MAC and the Federal Aviation Administration (FAA) have coordinated the redistribution of flight operations among the remaining runways at the airport to permit continued operation of the facility during the construction activity, such redistribution placing approximately 160 additional operations per day on Runway 4/22, and WHEREAS, prior to the project's initiation, MAC staff indicated expectations that this traffic pattem would result in increased noise impacts in Bloomington and Richfield and slightly reduced noise impacts in northern Eagan, and WHEREAS, turns by operations on Runway 22 to easterly and southerly destinations overfly areas of the City of Eagan that consist of noise sensitive land uses and the occurance and impacts of overflights are in excess of that anticipated by the community, and WHEREAS, dramatic early turns to the south of the Eagan/Mendota Heights Corridor have occurred since the project began that have no apparent justification related to the runway construction project. These excursions have resulted in additional overflights of additional residential areas of the community, NOW, THEREFORE, BE IT RESOLVED that the City of Eagan calls upon the MAC and the FAA to take immediate action to eliminate excursions south of the Eagan/Mendota Heights corridor, to minimize aggressive turns to easterly and southerly destinations from Runway 4/22 and to coordinate traffic such that easterly and southerly operations occur on the parallel runways to the maximum extent possible, and BE IT FURTHER RESOLVED that the City of Eagan requests that the MAC notify the public and hold a public information meeting for neighborhoods south `t9 of the Minnesota River, similar to that held in April for Bloomington and Richfield neighborhoods for the purpose of providing clear expectations for the construction project and to respond to public questions in its regard. Motion made by: Seconded by: Those in favor: Those against: CITY OF EAGAN CITY COUNCIL Its Mayor Attest: Its Clerk CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota in a regular meeting thereof assembled this day of , 1998. E.J. VanOverbeke, City Clerk SD Agenda Information Memo May 19, 1998 Eagan City Council Meeting T. JOINT POWERS AGREEMENT AMENDMENT, ESTABLISHING THE BURNSVILLE/EAGAN TELECOMA'IUNICATIONS COMMISSION AND DEFINING ITS RESPONSIBILITIES ACTION TO BE CONSIDERED: To approve an amended joint powers agreement establishing the Bumsville/Eagan Telecommunications Commission and defining its responsibilities. FACTS: The Cities of Burnsville and Eagan have operated the joint cable franchise through a joint powers agreement developed in 1983. The agreement provided the two Cities with an advisory body responsible for monitoring and enforcement of the cable television franchise. The proposed transfer of public, educational and government access responsibilities from the cable company to the Commission and the additional telecommunications responsibilities cause the existing joint powers agreement to be out of date. The amended agreement outlines the Commission's revised scope of authority and advisory responsibilities in PEG access operations, cable/telecommunications regulatory issues and activities and conforms to administrative practices and procedures. Specific objectives in the revised joint powers agreement are: 1) to clearly outline, delineate and balance the Commission's role, as both an advisory body and a watchdog of the cable franchise and PEG access; 2) to clearly outline staffs role in the administration of the joint powers agreement and related activities; 3) to update the Commission's advisory role in the area of telecommunications; 4) to ensure that the joint powers agreement is consistent with administrative practices; -5) to ensure that the document reduces any unnecessary bureaucratic processes; and 6) to provide a document that meets current and future needs of the Member Cities. • It is advisable to implement the revised joint powers agreement prior to approval of the definitive agreement for the assumption of PEG access responsibilities. ATTACHMENTS: 0 Revised joint powers agreement on pages Co2 through GL. JOINT POWERS AGREEMENT BURNSVILLE/EAGAN TELEGABLE•COMMUNICATIONS COMMISSION Joint and Cooperative Agreement Establishing the Commission to serve as a Cable and Telecommunications Advisory Body Commission f -or the Administration of thea Cable Communications System, the Public, Educational and Government Access Television Operations. and Telecommunications Activities and Issues I. PARTIES The parties to this agreement are governmental units of the State of Minnesota. This agreement is made pursuant to Minnesota Statutes Section 471.59, as amended. II. GENERAL PURPOSE The general purpose of this agreement is to establish an organization that to monitors. the operation and activities of the._Members', cable and telecommunications sy..stems; and in panisular-1 the Gable GemEntinkatiens System (System) 8f the ; to provide coordination of administration and. enforcement of the franchises of par4ies for their respective System; and to conduct such other activities authorized herein,_ Commission. III. NAME The name of the organization is the Burnsville/Eagan TeleCable Communications IV. DEFINITION OF TERMS Section 1. For the purposes of this agreement, the terms defined in this Article shall have the meanings given them. Section 2. "Commission" means the _Burnsville/E.agan,Telecommunications Commis.sion_and.its„ Board of Directors created pursuant to this agreement. Section 3. "Council" means the governing body of a Member. s� Section 4. "Franchise" means that cable communications franchise granted by the cities of Burnsville and Eagan, Minnesota. Section 5. "Grantee" means the franchised cable operator or telecommunications provider that serves the Members. Cable T -Y l+forth-Geniral-of-BurmviNe/Eagan-. Section 6. "Member" means a municipality which enters into this agreement. Section 7. "PEG" means all the activities associated with the Members' local programming activities provided on the cable television and/or telecommunications systems including the public, educational and government access channels I I: ; .Ili Section 1. The municipalities of Burnsville and Eagan, Minnesota are the ori final eligible•to-be•the-initial Members of the Commission, having first been organized as a joint powers entity in 1983. Any municipality geographically contiguous to any of these named municipalities, and served by a cable and/or telecommunications system through the same Grantee, may become a Member pursuant to the terms of this agreement. Section 2. Any municipality desiring to become a Member shall execute a copy of this agreement and conform to all requirements herein. Section-3--The-initial-Members-sha}l.be•those-Members-who-beeome Mernbers-by December -45;4993. Section 34. Municipalities desiring to become Members of the Commission -after December -45-1983-i may be admitted by an official action of each of the current Members_ councils. e-affirmative-vote-of-three-fourths{3/4).efthe-Direeters-of-the•Commission: The Members Commission may by resolution impose conditions upon the admission of additional Members. The admission of any municipality to the Commission shall not become effective for sixty (60) days following the official action of the current Members' Councils three-fourths (3/4-ymajority-voted€ the-Comrnission—During-said-sixtyiW).da-y-period-arrinitial-Member may; by--a-.m*rit-y-vote-©fits•eouneil, object••to-the-admission-ofthe-edditienal-Member; -in 2 53 which.ease the•additional-Member•shall-not-be-admitted: VI. DIRECTORS; VOTING Section 1. Each Member shall be entitled to four (4) directors to represent it on the Commission. Each director shall have one vote. Section 2. The Council of each Member shall appoint by resolution its four directors one of whom may be a Member of the Council or staff, and the other three shall be residents of the Member. A director shall serve for a term of three years, or until replaced by the Council appointing said director. provided-that–tThe commencement of such terms shall be determined at the discretion of each Member. Directors shall serve without compensation. from -the -Commission. Section 3. The Council of each Member shall appoint one alternate to the Commission, who will be responsible to attend Commission meetings and shall represent the Member in the absence of a director with the term to be determined at the discretion of the individual Members. Section 4. A vacancy in the office of director will exist for any of the reasons set forth in Minnesota Statutes Section 351.02, or upon a revocation of a director's appointment duly filed by a Member with the Commission. Vacancies shall be filled by appointment for the unexpired portion of the term of director by the Council of the Member whose position on the Board is vacant. Section 5. There shall be no voting by proxy_;-but-aNI votes must be cast by the director or the duly authorized alternate at a Commission meeting. Section 6. A majority of the directors of the Commission made up of at least two directors from each Member shall constitute a quorum, but a smaller number may adjourn from time to time. Any official action of the Commission must be authorized by an affirmative vote of a majority of .the directors present and voting,-provided-at--least--two--directors--from-each Member-have-voted-in-the.af rmative. 3 SY Section 7. Directors shall not be eligible to vote on behalf of the directors' municipality during the time said municipality is in default on any financial obligation required to support the purposes of the Commission. During the existence of such default, the vote or votes of such Member shall not be counted for the purposes of this agreement. VII. POWERS AND DUTIES OF THE COMMISSION Section 1. The powers and duties of the Commission shall be as set forth in this Article. Section 2. The Commission may take such action as it deems necessary and appropriate to accomplish the general purposes of the joint powers_agreement. Grganizatien The Commission may inelud+ag entering into contracts on behalf of the Members: when the contract or_services, have. been previously_ included within the approved annual budget..Ifthe Commission requires contracts or_services_not.pre_viously budgeted, then. the_Members will_consider._at) proval of. additional_ funding: tT.he Commission may not contract for the purchase of real estate without the prior authorization of the Members. nitinieipalities. Sheuld any Member deeide that any eentraet is required as a matter ef law t said Geaneil shall within 3 9 days ef reeeipt ef vAitten netiee ef said eentraet either appfeye e diSappFeve said eentFaet. in sueh a e at shall be deemed legally . Any purchase necessary for the Commission shall be Fnade by the Nlembef shall conform to the requirements applicable to Minnesota statutory cities. Section 3. The Commission shall review the operation and,performance._of the 4 SS Members' cable and/or telecommunications system and consider related policy issues as they pertain to the coordination. administration and enforcement undertake--all--tasks.-necessary--to coordinate;. -administer, -and --enforce of any the Franchise. o€-each..Member---pursuant--to-that authority-.and-.these-tasks--specifed--herein- The Commission will provide recommendations. to the Members for their final action. unless specific powers have been delegated herein or otherwise by the Members to the Commission Section--4:-----The--Commission•-.shall ... continually -.review -•the -operations --and performance. -of ihe.-cable.,communications.-system.-of-theMembers-and-prepare-annual-reports-on the -status -of --the ... system -€or -the -Members: --Further; .-annual..teports...shall...be...provided...to-the Minnesota Cable-Communications-Board-and-the•FCC-i€required: Section 4. It is specifically understood that each Member shall have final authority for: regarding construction plans for activities proposed under the Franchise within the corporate limits of each Member;; issues requiringed construction and street opening permits;; and inspection of all construction activity within the Member's boundaries. Section 5. In matters pertaining to cable television service rates provided by the Grantee. tThe Commission shall have full authority to serve as the Members' rate re latory body, and shall undertake all procedures necessary to maintain uniform rates and to handle applications for changes in rates, as allowed by federal and state law. for--the--services--provided by -the -Grantee: Section 6. The Commission, subject to approval from the Members, may provide for the prosecution, defense, or other participation in actions or proceedings at law in which it has an interest, and may retain counsel for that purpose. Costs-incurred-for--such-counsel-shall-be equally-shared-by-the--Members.—The-ComFnissioo--tnay-request--that-the--Members--provide adequate-sta€€-support-on-a-full-time; -part-time-or-consulting-basis-as-neoessary-to-accomplish-the purposes ... €-the-Commission:---Costs-incurred ... in. -the. -provision -.4 -such ... staff support - shall ... be shared -equally -by -the -M tubers: Section 7. The Commission may conduct such research and investigation and 5 S6 take such action as it deems necessary, including participation and appearance in proceedings of State and Federal regulatory, legislative or administrative bodies, on any matter related to or affecting cable and/or telecommunication rates, franchises, and or levels of service. Section 8. The Commission may obtain from Grantee and from any other source, such information relating to rates, costs and service levels as any Member is entitled, to obtain from Grantee or others. Section 9. The Commission may, subject to the approval of the Members, apply for and. use, and enter into agreements required in connection therewith, grants or gifts in accordance with the powers and purposes of the Commission. Accounting and administrative support associated with any such grants or gifts shall be provided by the Members and costs incurred for such services shall be equally shared by the Members. Section 10. The Commission will develop administrative operational and management policies for the Members' PEG access operations with such policies provided to Members for their final approval. From time to time as needs and situations dictate the Commission may provide PEG access policy amendment recommendations to the Members for their approval in areas affecting the PEG access operations Section. •14:--The-Members-shall-•snake-•an- annual .... €rtafleial--aceounting•-to--the Commission ... in-onder ... that ... the.-Gommission ... can ... i)repaf-,e--.it5--imrtual--budget--and ... program ... Of activities: Section 11. The Commission may delegate authority to its executive committee;: Such -delegation -of authority-shall-be-by-resolution-ofthe-Commission-end-may-be conditioned in such a manner as the Commission may determine. Section 12. The Commission will be responsible for the oversight of the public access channel. Section 13 1-2. As requested by the Members. the Commission will provide policy recommendations to the Members, in the areas of telecommunications services, activities and planning 6 S-� Section 14 13. The Commission shall adopt by-laws, which may be amended from time to time. Section 15. The Commission may take such actions which are exercise -any -other power necessary and directly related incidental to the implementation -o€ its powers and duties: specifically herein, subiect to review by the Members XIII. OFFICES Section 1. The officers of the Commission shall consist of a chair, a vice -chair and a secretary -treasurer, each of whom shall serve for a one-year term, or until replaced by action of the Commission. The by-laws will may provide for the alternation annually of the chair between directors from Burnsville and Eagan. Additionally, the vice -chair shall not represent the same municipality as the chair. Section 2. A vacancy in the office of chair, vice -chair or secretary -treasurer shall occur for any of the reasons for which a vacancy in the . office of a director shall occur. Vacancies in these offices shall be filled by the Commission for the unexpired portion of the term. Section 3. ...--The three officers shall be the executive committee. Section 4. The chair shall preside at all meetings of the Commission and the executive committee. The vice -chair shall act as chair in the absence of the chair. Section 5. _ The secretary -treasurer shall be responsible for ensuring that._keeping a record of all the proceedings of the Commission and emeoutive eefrimitte .are kept. Such written record shall routinely be filed with the Members. Section 6. The secretary -treasurer shall be responsible for the review keeping of all written and financial records of the Commission and for such other matters as shall be delegated by the Commission. Section 7. The Commission may appoint such other officers as it deems 7 Se necessary. All such officers shall be appointed from the Membership of the Commission. IX. POWERS AND DUTIES OF STAFF Section 1. The powers and duties of staff shall be set forth in this article Section 2, One or more Members may retain staff on a full-time p q -time or contractual_ basis, in. order to accomplish.the.purposes of this agreement; Section 3 The staff may perform tasks provide support and initiate activities as the Members deem necessary and appropriate to accomplish the purposes of this agreement includinguppooCort mmission, Section.4. _Staff, positions shall„include those.ap.pEQygd_by_the_r?embers_in.the Commission's and PEG access operation's annual budget The budget shall include funding necessary to provide staffing support for the administration and operations of the Commission and the PEG access operations. Section_5;_Each_Member will..provide„? staffrepresentative to_oversee.the administration of this agreement The Member's staff representative shall be determined by each Member's manager/administrator. The costs for the staff representatives shall be covered by the Member he/she represents. Section_6,.- Staff shall coordinate,_administer_and manage the Commission_and Members' PEG access operations. Staff will develop and recommend the annual budget for the Members' approval to support the PEG access operations and Commission activities Section 7. The Commission had no authority to retain staff X XI. FINANCIAL MATTERS Section 1. The fiscal year of the Commission shall be the calendar year. Section 2. Staff Tbe-Commission-shall request of the Members the expenditure of funds necessary to support the accomplishment of this agreement. its -purposes: Such funds shall be expended by the Members in accordance with the procedure established by law for the expenditure of funds by Minnesota Statutory Cities. Legal instruments shall be executed with authority of the Commission, by any two of the three officers. the -chair• -and -secretary -treasurer. Contracts shall be let in accordance with the procedures established by law for Minnesota Statutory Cities. Section 3. The -(Financial support of the Commission by the Members shall be from the five percent (5%) franchise fee, which shall be paid to the Members by the Grantee. The financial support shall be shared by the Members in an equal amount. The -Commission -shall invoice --the ... Members ... for -- all ... expenses= ... If-sue-h-expenses--are--within-the--previously-approved budget.of•the-Commission,-Members-shall--pay-the-invoices:- If the Commission determines it is necessary to expenses exceed the authority of the Commission -in --the approved budget of the Commission, the Commission may request the Members may to consider providing additional funding. by-majority-voteMember;-authorize .... payment--of--said--expenses-of--the-Commission; its-consultants;-or•contractors. f114-fFranchise fees shall must be expended by the Members for Commission---or---Member cable. telecommunications and/or other communications related activities. Prior--to-the-payment-o€-€Tane-hise•-fees-adequate-to-cover-expenses;--the-Grantee,--as-a prepayment-of-•the--initial-€ranc-hise-€ee, -shall-reimburse-{he-Members-f'or-all-cable-related expend itures--incurred... by -the -Members-and--tlte-C-omnrission..---Upon...the-first-payment--of...a franchise-fee-to-Members-which-represents--e-full-year-of-gross-revenues-of Grantee;-C-omFnission shall.-allocate-expenses--in-proportion--to-t-he--fr-ancNse-€ee-paid-to-each.-Member.—T-he-Member with-the-lowest.-proportion-of-franchise-fees-actually-paid--to-it-may-request-reimbursement-€Tom the -other .. Member--for--4-hose ... previously-equally--assessed-expenses-.---T-he--reimbur-sement--of expenses-to-tbe-Member-Teeeiving--the-lowest-proportion-of--franchise--fees-shall-be-calculated Raw utilizing-the•-assumption-that••-the.-proportionate-share-o€-expenses--of-each--Member--from•••the inception -of -this --agreement ... hes.-been••the ... ame-proportion-as... the--franchise•-€ees-paid ... to. -.each Member-after-the-first-full-year-of•gress revenues-of--Grantee- Section 4. The financial support of the PEG access operations shall be from the Members_' PEG Access Fee, which shall be paid to the Members by the Grantee All PEG access operational expenses shall be equally shared by the Members Section 54. -he-initial•-].984-budget-of-the-Commission-shall•-be-sent-to--the-•s••for their-approval-within-ninety-(90)-days•o€-the-organizational--meeting: A proposed budget for future ... calendar --years, detailing the proposed expenditures of the Commission and the PEG access operations of -all ... franchise .... fee. -revenues ... feceived--by ... both ... Members for the ensuing calendar year, shall be formulated by staff the -Commission and submitted to the Members Such budget. -shall -be for consideration as part of the Members' budget process. deemed -approved -by -a Member ..if-.no--written-comments.-.are-received.-from... a..Member••-prior-to-;September... 13: ---_Final action- aAdoptiong of the a budget for--the-ensuing-calendar-year shall be taken by the -Members: as part of their annual budget process Commission-on-or--before-November--l-ofeach-year:• Section 65. Any Member may inspect and copy the Commission books and records at all reasonable times. All books and records shall be kept in accordance with normal and accepted accounting procedures and principles use by Minnesota Statutory Cities. JCI. DURATION Section 1. The Commission shall continue for an indefinite term. The Commission may be terminated by mutual agreement of the Members at any time. Section 2. A Member may withdraw from the Commission by filing a written notice with the secretary -treasurer by October 15 of any year giving notice of withdrawal effective at the end of that calendar year; and membership shall continue until the effective date 10 6/ of the withdrawal. A notice of withdrawal may be rescinded at any time by a Member. If a Member withdraws before dissolution of the Commission, the Member shall have no claim against the assets of the Commission. Section 3. In the event of dissolution, the Member_Gernmissiea shall determine the measures necessary to effect the dissolution and shall provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this agreement. Upon dissolution of the Commission all remaining assets of the Commission, after payment of obligations, shall be distributed equally between the Members. The Commission shall continue to exist after dissolution for such period, no longer than six months, as is necessary to wind up its affairs but for no other purpose. IN WITNESS WHEREOF, the undersigned municipality has caused this agreement to be signed on its behalf this day of ATTEST: E.J. Vanoverbeke, Clerk ATTEST: , 1998. CITY OF EAGAN By: Tom Egan Its: Mayor By: Thomas L. Hedges Its: City Administrator CITY OF BURNSVILLE By: Elizabeth A. Kautz Its: Mayor Susan Olesenos, Clerk By: Greg Konat Its: City Manager Filed in the office of the Clerk of the City of this _ day of 19 19,11:4741 �I7ci•� As-amended-by--resolntion;-by-Member-cities,-Bumsville and••Eagan; on -February 5, 1991 and jamiery 16, 1991 Fespeetivel�- I 12 Agenda Information Memo May 19, 1995 Eagan City Council Meeting U. RESOLUTION, DEFINITIN'E AGREEMENT TRANSFERRING CONIMUNITY TELEVISION PROGRAMMING RESPONSIBILITIES FROM NORTH CENTRAL CABLE COMMUNICATIONS CORPORATION (dba AIEDIAONE) TO THE BURNSVILLE/EAGAN TELECOMMUNICATIONS COMMISSION ACTION TO BE CONSIDERED: To approve a resolution adopting a definitive agreement to transfer community television programming responsibilities from North Central Cable Communications Corporation to the Burnsville/Eagan Telecommunications Commission. FACTS: The Cities of Burnsville and Eagan have previously given direction to staff and the Telecommunications Commission to complete the documents necessary to implement a transfer of public, educational and government access programming from the cable company to the Cities. In March, the City Councils approved a PEG access management plan pending completion of a definitive agreement between the cable company and Member Cities. The definitive agreement implements the transfer of PEG obligations under terms of a Memorandum of Understanding adopted by the Member Cities and the company in November, 1995. It is also subject to the current and future franchise conditions. • The PEG access management plan provided for PEG operations to be transferred to the Burnsville/Eagan Telecommunications Commission. This transfer is anticipated by thejoint powers agreement, which immediately precedes this business item. Under the agreement, the date of transfer for PEG operations will be July 1. ATTACHMENTS: Definitive agreement on pages through 1-9 6� DEFINITIVE AGREEMEI\"I RESOLUTION NO. A RESOLUTION TRANSFERRING COMMUNITY TELEVISION PROGRAMMING RESPONSIBILITIES FROM NORTH CENTRAL CABLE COMMUNICATIONS CORPORATION, OWNER OF GROUP W OF BURNSVILLE/EAGAN d/b/a MEREDITH CABLE TO THE BURNSVILLE/EAGAN TELECOMNTUNICATIONS COMMISSION WHEREAS, the Cable Communications Franchise between the Group W of Burnsville/Eagan d/b/a Meredith Cable (hereinafter "Company") and the City of Eagan (hereinafter "City") requires the Company to provide and maintain certain cable television program facilities and equipment, provide certain community access channels and provide certain cable programming staff as delineated in the Franchise and Offering as defined in the Ordinance; WHEREAS, the Company and City have agreed to the divesting of all responsibility for providing the above-mentioned support for community television programming; WHEREAS, the Burnsville/Eagan Telecommunications Commission (herein after "Commission") has investigated the possibility and ramifications of assuming the responsibility for community television programming within the Burnsville/Eagan area; WHEREAS, the Commission and the Company have negotiated mutually acceptable terms to effect the transfer of the community television function from the Company to the Commission as delineated below; and WHEREAS, the City has determined such transfer to be in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED that the City agrees with Meredith Cable to the following terms and conditions effective April 1, 1998: 1. The Commission will assume all responsibility for community cable television programming required by the Franchises and pursuant to the terms of any renewal Franchise, any renewals thereof and the Offering for the Cities of Burnsville and Eagan. 2. By compliance with this Definitive Agreement, the Company satisfies its responsibility for providing community cable television programming delineated in the Franchise and pursuant to the terms of any renewal Franchise, any renewals thereof and the Offering of the City, and further, except for those continuing obligations of the Memorandum of Understanding (hereinafter "MOU"), and its customary responsibilities of deliveryof signal and maintenance of the cable, system to accomplish such delivery. e .� 3. The Company shall transfer to the Commission title to and ownership of all equipment, both studio/production and office equipment, listed in Exhibit A, attached hereto and made a part hereof. 4. The Company shall make available for the term of the Franchise and pursuant to the terms of any renewal Franchise, any renewals thereof for use by the Commission and City those six channels currently on the Burnsville/Eagan cable system and currently known as the Public Access Channel 15, the Discrete Community Channel 58, the Government Access Channel 16, the Educational Access Channel 60, the Library Channel 61, and the Religious Access Channel 57. The Commission and City shall have complete and unrestricted access to the above- mentioned channels, however, the Company will have full responsibility for the term of the Franchise, and any renewals thereof, for the maintenance, repair, and technical performance of said channels. 5. Commencing January 1, 1998, the PEG Fee established pursuant to the Memorandum of Understanding shall be $1.10 per month per subscriber. Upon the effective date of this Agreement the Company shall pay to the Commission all monies collected as a PEG Fee from January 1, 1998 to the effective date, less expenses for providing community programming in the Burnsville/Eagan franchise area as provided for in the MOU which is incorporated herein by reference and made a pan hereof and any additional amounts agreed to by both parties. 6. Hereafter, the Company shall pay the full amount of the PEG Fee collected from the subscribers of City to the Commission, or its designee. The Company shall prepay quarterly an estimated quarterly PEG Fee which shall be reconciled quarterly to reflect actual PEG Fee receipts by Meredith subject to more frequent reconciliation by mutual agreement of the parties. The first prepayment shall be on or before April 1, 1998 for the months of April, May, and June, 1998. 7. Unless otherwise mutually agreed, the Company shall assign and the Commission, or its designee, shall assume all real estate and equipment leases and contracts relating to PEG Programming. The Company and Commission will split all costs of re -keying building. The Company shall sublease from the Commission space for currently existing customer service and the headend. 8. The Commission shall be responsible for any and all I -Net or other switching related to PEG Programming or non-profit use of the I -Net capacity for the Cities of Burnsville and Eagan, which shall occur only as provided in the Franchise and consistent with applicable laws. However, the Company shall have full responsibility for the term of the Franchise and pursuant to the terms of any renewal Franchise, and any renewals thereof, for the maintenance, repair and technical performance of the I -Net. 9. The Commission shall advise Meredith in writing at least thirty (30) days prior to the Effective Date of Transfer of its intention to make offers of employment to Meredith personnel VA relating to PEG Programming. The Commission intends to employ all current employees of Meredith Community programming operations. 10. The master control shall be segregated from the headend at the expense of the Company. 11. Should the Burnsville/Eagan area implement universal service, universal installations shall be reimbursed to the Company from upward adjustments to future PEG Fees, which shall not reduce the $1.10 or further increases allowed by the MOU. 12. The terms and conditions of this Resolution shall not be changed without the mutual written consent of the Company and the City. 13. The Company and the City hereby reserve all rights and duties afforded pursuant to the Franchise(s), and applicable local, state and federal law. 14. This Resolution was moved by Council member seconded by Council member The following Council members voted in the affirmative: The following Council members voted in the negative: Adopted this day of . 1998. City of Eagan Mayor Dated: and We have reviewed the terms and conditions of this Resolution and by our signature below agree to all said terms and conditions. MEREDITH CABLE BY NORTH CENTRAL CABLE COMMUNICATIONS CORPORATION 0 2 Dated: Z7 3 EXHIBIT "A" Equipment inventory to include all current community programming and office equipment in the Burnsville/Eagan area. CACABLDBURNSVILIDERNM AG6 Agenda Information Memo Eagan City Council Meeting May 19, 1998 V. APPROVE LCTS Brant funds, Independent School District 197 ACTION TO BE CONSIDERED: Approve acceptance of LCTS Funds from School District 197 for Recreation Programming in the Quarry Park neighborhood. FACTS: • Youth Development Coordinator, Loudi Rivamonte, has been working with the School District 197 Family Services Collaborative to bring recreation programs and other services to the Quarry Park neighborhood. • A LCTS Grant in the amount of $17,705.80 has been awarded to the program by School District 197. • The City's share, $8,980.00, is a combination of the Youth Development budget and the successful Mighty Kids Grant. • The School District 197 Early Childhood Family Education (SCFE) unit will expend an additional $19,848.00 of LCTS funds to bring ECFE outreach to the Quarry Park neighborhood. ATTACHMENTS: • Eagan Parks and Recreation Quarry Park LCTS Youth Program Budget. Page- (& • ECFE Collaboration with City of Eagan Parks and Recreation Youth Development Program Budget. Page Proposal for LCIS Funds SCFE Collaboration with City of Eagan Parts and Recreation Youth Development Program Goal: To promote positive parent/child interactions, relationships and overall family functioning by: • encouraging and enhancing positive parenting skills • enhancing self-esteem • enhancing problem solving skills • increasing parent self awareness • reducing isolation To promote family and community empowerment by: • including resident input into future program design • structuring community collaboration and coordination of services • facilitating resident/management cooperation and resident/resident support and networking The proposed program would have the following components: (1) Ourreach/home visits: Outreach would be an emphasized component during this first year. Outreacivbome visits would be seen as a way to: build trust between service provider(s) and families, build relationships with families through ]:I contact and provide an initial service delivery model to achieve the above goals. The building of relationships in this way could be a bridge to providing diffemet service delivery models such as parent /child support groups. (2) Monthly parent/child events These family events would include parent/child activities and promote community building. They could be the basis for more structured periodic support groups. These could also be used as resource/informational meetings to provide information on community services, school enrollment., etc. Budget - Year 1 Home visit/outreach Early childhood teacher I0hrs/week x 52 weeks x S20 $10,400 8hrs/month x 12 months x S20 S 1,920 Paraprofessional 4hrs/month x 12 months x $l 1 S 528 Equipment ( preschool size tables and chain, fold and lock storage, etc) S 2,500 Parent/child activity packets, miscellaneous supplies, printing, food, etc. S 2,500 Stipend to develop parent/child activity packets S 2.000 TOTAL 519,848 170 1998 Eagan Parks and Recreation Quarry Park Youth Program Family Services Collaborative Request Quarry Park After School Program: (38 weeks, 3 times per week) Description Coordinator (1x $10.76 x 10 hours/wk x38 weeks) Rec. Leaders (3x 7.50 x 6 x 38 weeks) Supervisor (1x $20.00x 3 hours/wk x 38 weeks) Scholarships (25 at 10.00 each) Facility Rental Equipment and General Supplies Total Expense Other Source LCTS Grant $4,088.80 $3,497.00 $5,850.00 $1,950.00 $4,088.80 City $5,130.00 $1,710.00 $1,040.00 City $3,420.00 $2,280.00 $2,280.00 City $ 250.00 $ 250.00 City City $1,000.00 $1000.00 City $2,000,00 $1,000.00 $12,937.00 city $1,000.00 $13,748.80 $5,240.00 $8,980.00 $8,508.80 $17,705.80 Quarry Park Summer and Non School Day Program Description Coordinator (1x $10.76 x 25 hours/wk x 13 weeks) Rec. Leaders (3x $7.50 x 4 hour/wk x13 weeks) Supervisor (1x $20.00 x 4 hour/wk x 13 weeks) Scholarships( 30 at 25.00 each Facility Rental Equipment and General Supplies Transportation(4 trips at 200.00 each) Total $3,497.00 $3,497.00 $5,850.00 $1,950.00 City $3,900.00 $1040.00 $1,040.00 City $ 750.00 $ 750.00 City City $1,000.00 $1000.00 $ 800.00 $ 800.00 $12,937.00 $3,740.00 $ 9,197.00 $26,685.80 $8,980.00 $17,705.80 Agenda Information Memo Eagan City Council Meeting May 19, 1998 W. APPROVE application for grant fund. Mighty Ducks rehabilitation ACTION TO BE CONSIDERED: To approve a grant submission to "Might}, Ducks" for rehabilitation work at the Eagan Civic Arena. BACKGROUND: The State of Minnesota has provided, under the "Mighty Ducks" legislation, grant funds for new ice arenas and for rehabilitation of existing arenas. Theses funds are available to bring facilities up to new building codes, improve inadequate locker rooms or make necessary repairs to facilities. Approximately $2,000,000 is available to local communities and must be matched on a 1:1 basis. The maximum grant amount available is $50,000. FACTS: • The State of Minnesota has rehabilitation funds available to local communities for ice arena improvements under the Mighty Ducks program. • The grant deadline is June 1, 1998 • The Eagan Civic Arena has a potential problem with the upstairs mezzanine being open to the arena. This area could be enclosed with windows to provide a view of activities in the arena. • The addition known as the "Moose locker room" has the potential for use as Eagan High School locker rooms. • Cost projections for the locker room and upper mezzanine range from $30,000 to $70,000. • Volunteer labor can be used as part of the match. CONCERNS: More effort will be required to define the scope of both projects and in cost estimating. Competition for the grant funds will be very high with a large number of applications expected. Eagan, with a newer facility, will not be considered as high a priority as older facilities. Agenda Information Memo Eagan City Council Meeting. May 19, 1998 X. APPROVE aereement with Eagan traveling baseball for liehts at Goat Hill Park ACTION TO BE CONSIDERED: To approve an agreement with Eagan Travel baseball/Eagan Athletic Association for lighting of "Little Goat" baseball field and the allocation of funds from the Park Site Acquisition and Development Fund. BACKGROUND: Eagan Athletic Association travel baseball program approached the City requesting the lighting of the small baseball field at Goat Hill Park. They were informed that the capital funds were not designated to complete this work, although the Advisory Commission had considered it when it was reviewing the five-year CIP. Travel baseball's only option was to request consideration to use a portion of the funds set aside and designated as "Opportunity Funds" within the CIP. A formal request was presented to the Advisor), Commission at its February 16 meeting. The Commission took the request under advisement and determined that criteria needed to be established to judge these types of requests. During the latter part of February and early March the Commission completed evaluation criteria and adopted the standards. In applying the standards, the Commission recommended approval of an agreement with travel baseball for partial payment of costs incurred. FACTS: • Request received from Eagan Travel Baseball to light "Little Goat" baseball field. They determined they -would assist with the cost by making three payments of $6,000 over three years. • Lighting of "Little Goat" was considered in the five year CIP completed last year, but did not rank high enough to be included in the recommended project list. • The estimated cost to light the ball field is projected at between $54,000-59,000. • Goat Hill is the site of the lighted major league field. Lighting the minor league field is feasible. • The Advisory Commission developed criteria with which to evaluate proposals to use the "opportunity funds" that were designated as part of the CIP in the Park Site Acquisition and Development Fund. • The Commission applied the evaluation criteria at the April Commission meeting and has recommended approval of the request and the use of the `opportunity" portion of the Park Site funds. • The project could get under way in 1998 and be ready for use in 1999. CONCERNS: None at this time. If approved, staff would begin preparing the design and specifications for bidding of the project. ATTACHTIENTS: • Criteria established by Advisory Parks Commission for use of "Opportunity Funds"-�QgG Y 1�,3 CRITERIA FOR REVIEW OF PROJECTS PROPOSED FOR CIP OPPORTUNITY SET-ASIDE FUNDS * 1. Does the proposed project fit the Department's facility design standards? * 2. Is the proposed cost participation contribution representative of the groups' ability to pay? 3. Is the project identified on the 1997 overall Parks CIP Evaluation Summary, but was not funded? 4. Is the project in conflict with any project on the CIP Recommended for Funding List? 5. Does the proposed project enhance both public and private recreational programming options? 6. Are the benefits of the proposed improvement enduring over an extended period of time? 7. Is the proposed project inconsistent with the suggested park's Master Plan? 8. ' Is the project appropriate for the park suggested, or is another park more appropriate? 9. Is the proposed project's time frame flexible to allow incorporation into the Department's annual work plan within one to three years? 10. Is the proposed project benefiting a wide segment of the community, what percentage of participants are Eagan residents? 11. Is the cost participation pay back received in no longer than three annual installments? 12. Are there any unique or special considerations or features that should be considered? * Criteria that must be met Adopted by the Advisory Parks Commission - March 16, 1998 Cdorothy/criteria for evaluation.3-16-98 12y Agenda Information Memo Eagan City Council Meeting May 19, 1998 Y. CHANGE ORDER #1, EaganCivic Arena ACTION TO BE CONSIDERED: To approve Change Order Number 1, Eagan Civic Arena in the amount of $375.00. FACTS: • An increase to Fabcon, Inc in the amount of $551.00 is for pre -cast planking resulting from a change in the size of the refrigeration room to accommodate the larger sled of the refrigeration unit. • Swanson Plumbing and Heating is decreased by $1,500.00 as a credit for the selection of the Munters dehumidification unit. • Swanson Plumbing and Heating is increased by $1,324.00 for wall hung lavatories in the upper mezzanine level. This change resulted in less core -drilling of the floor and easier long term maintenance of the plumbing fixtures. • Net change to Swanson Plumbing and Heating is a deduct of ($176.00). Total net change to the contract is $375.00. CONCERNS: None ATTACHMENTS: None Agenda Information Memo May 19, 1998 Eagan City Council Meeting Z. RESIGNATION, APrC ACTION TO BE CONSIDERED: Accept resignation of Steven Knutson from the Advisory Parks Commission and make a determination regarding filling the vacancy. FACTS: • A letter was received on March 17 from Steven Knutson resigning from the Advisory Parks Commission. • Mr. Knutson's term expires January, 2000. • As has been considered in the past, the Council may choose to appoint the alternate member to this position and direct staff to contact the remaining pool of candidates for advisory commissions to determine their interest in serving as an alternate on the Advisory Parks Commission. If no response is received from the pool of candidates, the position will be advertised in the local media. • The current alternate member is Bonnie Karson. ATTACHMENTS: • Letter of resignation attached on page ell JP7 %6 INolfar,,ilnlIunitson .-k1•cllitects Ltd. 2850 Drive, Suite '_ 15 March 17, 1998 Ken Vraa, Dir. of Parks and Recreation Eagan City Hall Pilot Knob Rd. Eagan, MN. 55122 Ken: Telephone Minneapolis. 612.651.7161 Minnesota Fax 612 651-716: 55125 I must regretfully inform you that due to personal commitments, I will be unable to fulfill my term on the Eagan Parks Commission. Over the past months, I have enjoyed working with you and your staff and getting to know more about the community in which I live. If in the future I can be of service, please feel free to contact me. Regards; �i<A� Steve Knutson A.I.A. Agenda Information Memo May 19, 1998 AA. APPROVE AMEND1fENT TO JOINT PO -'ERS AGREEMENT -WITH GUN CLUB LAKE -WATERSHED MANAGEMENT ORGANIZATION. ACTION TO BE CONSIDERED: To approve an amendment to the Joint Powers Agreement with the Gun Club Lake Watershed Management Organization pertaining to the formation and use of advisory committees and the organization and functioning of the Board. FACTS: • The amendment allows and encourages the use of technical and citizen advisory committees by the WMO Board and sets requirements for the election of Board officers, setting the location of meetings, and advertising of meetings. ATTACHMENTS: Amendment is attached on pages?�throughZQ. AMENDMENT TO GUN CLUB LAKE WATERSHED JOINT POWERS AGREEMENT ESTABLISHING A WATERSHED MANAGEMENT ORGANIZATION THE PARTIES TO THIS AGREEMENT are cities which have land within the Gun Club Lake Watershed. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes 1996 §§ 471.59 and 103B.201, g. =9. 1. EXISTING AGREEMENT. The existing Joint Powers Agreement for the Gun Club Lake Watershed Management Organization shall remain in full force and effect, except as specifically amended by this Agreement. 2. SECTION 5 of the Joint Power Agreement is amended in its entirety to read: 5. Advisory Committees. Subdivision 1. 'Technical Advisory Committee. Dakota County and the Dakota County Soil and Water Conservation District shall be requested to appoint a nonvoting advisory member to the WMO. Subdivision 2. Citizen Advisory Committee. The WMO may establish a citizen advisory committee from the public at large. The WMO may consult the Citizen Advisory Committee on the development, content, and implementation of the plan, including the allocation of costs and governmental authority and responsibilities during implementation. 2. SECTION 69 SUBDIVISION 5 of the Joint Powers Agreement is amended in its entirety to read: Subdivision 5. Organization/St_nicture. At the fust meeting of the Board and in January of each year thereafter, the Board shall elect from its managers a chairperson, a vice chairperson, a secretary, a treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. Except for the position of chairperson, any manager may be elected to more than one office. At the organizational meeting or as soon thereafter as it may be reasonably done, the WMO shall adopt rules and regulations governing its meetings. Such rules and R0.02 NK: NK:r01/07/98 regulations may be amended from time to time at either a regular or a special meeting of the WMO, provided that at lest ten (10) days prior notice of the proposed amendment has been furnished to each person to whom notice of the Board meetings is required to be sent. The chief administrative officer of each member community shall be notified of the dates and locations of all meetings. Meetings must be held at least annually. Unless otherwise provided by notice to the public, meetings of the WMO shall be held in the council chambers of one of the member cities. The dates, times, and locations of meetings of the WMO shall be posted on the bulletin board of each member City at least ten (10) days prior to the date of the meeting. Approved by the City Council CITY OF EAGAN Approved by the City Council A4, a7 , 1998. Approved by the City Council Februaru 3, , 1998. Its Mayor AND Its City Clerk CITY OF INVER PJZO HEIGHTS BY: PRIEW Its City Clerk CITY OF MENDOTA HEIGHTS BY:-'� GL1i.�.EZ Its Mayor AND - Its City Clerk 47650.02 RNK:r01/07/98 2 2 Agenda Information Memo May 19, 1998 Eagan City Council Meeting PUBLIC HEARINGS ACTION TO BE CONSIDERED: To approve or deny a 2 foot Variance from the 10 foot side yard setback requirement applicable to Lot 2, Block 1, Park Ridge Addition FACTS: i The applicant is proposing to construct a 120 square foot addition to his home located at 1911 Covington Lane (Lot 2, Block 1, Park Ridge Addition). The proposed addition would lie 8 feet from the east side lot line of the subject property. To accommodate such structure location, the approval of a variance is necessary. r The subject property is zoned PD, Planned Development. The applicable Park Ridge Addition Development Contract stipulates that no variances shall be allowed for lot coverage or from the setbacks of the R-1 (single family residential) zoning district unless they are strictly related to irregular terrain or vegetation. r The property in question does exhibit irregular terrain and vegetation; however, such site features lie within an established drainage and utility easement where building activity is not allowed. The applicant has indicated that the need for variance responds to a desire for additional living space and the existing "positioning" of his residence (which does not enable him to comply with applicable side yard setback requirements). BACKGROUND/ATTACHMENTS Staff report, pages QhroughDAL M I PLANNING REPORT CITY OF EAGAN REPORT DATE: April 27, 1998 APPLICANT: James L Gresback PROPERTY OWNER: James L. Gresback REQUEST: Variance (sidevard setback) LOCATION: Lot 2, Block 1, Park Ridge Addition CASE: 32 -VA -05-04-98 HEARING DATE: May 19, 1998 PREPARED BY: Bob Kirmis COMPREHENSIVE PLAN: D-1, Single Family/(0-3 units/acre) ZONING: PD, Planned Development Mr. James Gresback is requesting approval of a 2 foot a Variance from the 10 foot side yard setback requirement for a single family residential property located at 1911 Covington Lane(Lot 2 Block 1 Park Ridge Addition). Specifically, Mr Gresback is proposing to construct a 120 square foot addition to his home which would lie 8.2 feet from a side lot line. The subject property is zoned PD, Planned Development. rRo 11 03 R le We reTWTUM City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards therein if: The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. IE Planning Report — Gresback Variance May 19, 1998 Page 2 As mentioned previously, the subject property is zoned PD, Planned Development. As a result, a specific set of performance standards apply to the property. According to the Park Ridge Addition Development Contract... " No variances shall be allowed for lot coverage or from the setbacks of the R- I(single Family residential district) unless they are strictly related to irregular terrian or vegetation." The R-1, Residential single family zoning district imposes a minimum side yard setback requirement of 10 feet for any portion of the dwelling unit. Park Ridge First Addition received Final Subdivision Approval in May of 1983. The PD zoning designation was applied for the purpose of allowing deviation from the minimum 12,000 square foot lot size requirement in R-1 zoning districts. Specifically the terms of the PD approval stipulate that a minimum lot size of 7,800 square feet must be maintained throughout the subdivision. The lot in question measures approximately 9,600 square feet in size and has a buildable area of approximately 3,500 square feet (following imposition of setbacks). The property also borders a protected wetland. The site is bounded on the north, east and west by single family detached homes and on the south by the Lebanon Hills Regional Park. The applicant has made contact with neighboring property owners who (according to the applicant) have voiced general support of the project. EIXXIJ X ti 201" X11 The applicant is proposing to construct a 120 square foot (10'x12') addition to the rear of his home. The addition would lie 8 feet from the subject property's east (side) lot line and outside of drainage and utility easements applied to the property. The addition is to be two stories in height and is to be comprised of a new bedroom on the upper level and office on the lower level. The addition "mimics" the gabled roof style of the existing home and appears to be architecturally compatible with both the site in question and homes in the surrounding area. To minimize the encroachment of the addition into the required side yard, the applicant has presented a structure design which incorporates "chamfered" comers(see attached building elevation). The Park Ridge Development Contract specifically states that no setback variances may be granted for lots within the subject subdivision unless they relate to irregular terrain or vegetation Planning Report — Gresback Variance May 19, 1998 Page 3 While the site in question undeniably holds areas of irregular terrain and vegetated areas, such site charactoristics lie within a drainage and utility easement where building construction is prohibited. Although compliance with applicable side yard setback requirements appears physically possible, an alternative location would likely compromise desired wetland views and interior space relationships within the home. C According to the applicant, the hardship for the requested variance is based on two factors as summarized below: 1. A need for additional living space within the dwelling unit and; 2. The existing dwelling unit location (positioning on the site) has prompted the need for variance u The applicant is requesting a 2 foot variance from the 10 foot side yard setback applicable to the subject property. Approval of the variance would allow approximately 14 square feet of the proposed 120 square foot building addition to encroach into the required side yard. t To approve or deny a 2 foot variance from the required 10 foot setback applied to Lot 2, Block 1 Park Ridge Addition. 'J HO DUIL1 OUKVC1 Sal Dmhpton: LOT 2, BLOCK 1, PARK RIDGE, DAKOTA COUNTY, MINNESOTA. ALE : 1" = 30' f-1 T- _T 1 s toIn rn p� N O 2 DRAINAGE AND UTILITY EASEMENT �CoV`NlAAlE A=2322'x3" \ 2?0 r7- EX/ST/NG o OUSE 17.33 (PROPOSED ADDITI SOT r , r r r n r & SITE PLAN 5 w c F v z G) m r m D O z LEFT SIDE ELEV V.• FRONT ELv sw� .� PICsNT SIDE LEV._.. FJO�E�3NAME: JIM GRESBAGK DRAII.N BY: B THOMAS. 4/9/98 MAIN -LEVE-_PLAN_ OCALE v4•.r•o- 5A5EMENT PLAN. Sate: V4'.r.e- JOB NAME: JIM CsREE5BACK DRAM BY: B. THOMAS, 4/9/98 Agenda Information Memo May 19, 1998 Eagan City Council Meeting ACTION TO BE CONSIDERED: Close the Public Hearing, approve the Final Assessment Roll and authorize its certification to Dakota County. FACTS: • Project 695 provided for the bridge widening and roadway improvements to Yankee Doodle Road from Federal Drive to O'Leary Lane to accommodate the development of the Eagan Promenade. • This project was approved at a Public Hearing held on January 16. 1996, and constructed under City Contracts 96-10, 11 & 20. Although these contracts have not been finalized, sufficient costs have been calculated that indicates that the final assessments will not be less than the maximum amount limited by the development agreement approved on April 8, 1996. Therefore, it is timely that the City adopt the Final Assessment Roll so that collections can begin. • Staff scheduled a meeting with potentially interested property owners on May 14, with no one attending. ATTACHMENTS.- 0 TTACHMENTS:• Final Assessment Roll, pages �&_ through fy—. Is IMA WWRIOMM INCI11 PROJECT NUMBER: 695 ASSESSMENT HEARING DATE: May 19. 1998 SUBDIVISION/AREA: Yankee Doodle Road Corridor PUBLIC HEARING DATE: January 16. 1996 IMPROVEMENT INSTALLED ANDIOR ASSESSED: F.R. = Feasibility Report SANITARY FINAL F.R. STORKNI FINAL F.R. SEWER BATES BATES SVWV BATES BATES ❑ Trunk ❑ Trunk ❑ Laterals ❑ Laterals []Service ❑ Lat. Benefit/Trunk ❑ Lat. BenefitiTrunk ❑ Trunk ❑ Gravel Base ❑ Laterals ® Surfacing S.9254/Sp, Ft. 5.9254/Sq. Ft. ❑ Service I inch ❑ Res. Equivalent ❑ Service 6 inch ❑ Multi Equivalent ❑ WAC ❑ C/I Equivalent 01 -at. BenefitTrunk 0 Trail ❑ Water & San. Sewer I ® Powerpole Relocation 5.0154/SU, Ft. 5.0116/ ❑ Energy Charge CONTRACT # OF INTEREST AMOUNT CITY NO PARCEL TERM RATE ASSFccFn FINANCED 53,398,957 F.R. 53,286,123 F.R.0) $3,412,805.86 $3,955,932.75 (1) 96-10.96-1 l & 96.20 1— 20 Yrs. 7 % OKLOJOxCal tt I r , . .rr rl K-100-11 s) lot -1-1141 K. r r r r re -For .rr .rarr q •r was recuired by ther . acouir trc.r. r . rt MEMO ENGINEERING DIVISION city of eagan TO: DEANNA KIVI, SPECIAL ASSESSMENT CLERK FROM: GERALD R. W'OBSCHALL DATE: MARCH 25,1998 SUBJECT: FINAL ASSESSMENT ROLL, PROJECT 695 YANKEE DOODLE ROAD IMPROVEMENT The City Council at the conclusion of the public hearing on January 16, 1996 ordered Project 695. According to the feasibility report, the following improvements were to be constructed and'or assessed. The improvements are: Widening of Yankee Doodle Road, Modifications of exit and entrance ramps to I35E, Bridge Widening, Widening of Denmark Avenue, Streetlight installation along Yankee Doodle Road, Traffic Signal installation and modification and Storm Sewer modifications due to new roadway alignments to accommodate the increased traffic caused by the Eagan Promenade Development. According to the terms of an agreement between the City and the Developer of the Eagan Promenade the City was given authority to assess $3,356,877 to the development for the Yankee Doodle Road improvements. The Development Contract also called for the developer to reimburse the City for the cost to relocate CPA power poles located on the development. In the feasibility report it was proposed to allocate the assessment to lots using net developable area as the basis for assessment. During lune of 1996, the Developer requested the City to amend the allocation of their assessments. The City approved the allocation of the assessments. This assessment roll is prepared using the method of allocation approved by the City. Construction of the improvements was accomplished under Contract No.'s 96-10, 96-11 and 96-20 %hich are substantially complete. The assessment hearing is scheduled for May 19, 1998. The following information was used in the preparation of the assessment roll. fiiiltl�ii 1Zali�yll The construction cost includes the amount of $5,239,807.24 paid to contractors for the construction of the following detailed improvements. Easement costs in the amount of $335,507.52 and other costs which consist of engineering design, plans and specifications, contract management, administration, financing, bonding, legal and other costs in the amount of $1,998,651.46 were added resulting in a project cost of $7,573,966.22. A summary of these other costs is included on Exhibit of this report. The other costs are allocated to the improvements constructed in order to determine the cost of each improvement. Construction Other Improvement Feasibility Improvement Costs Costs Costs Report Street $4,866,571.23 $2,259,511.78 $7,126,083.01 $6,394,600.00 Street lights 373,236.01 74,647.20 447,883.21 248,400.00 TOTAL $5,239,807.24 52,334,158.98 $7,573,966.22 $6,643,000.00 A. TRUNK ASSESSMENTS No trunk assessments were proposed in the feasibility report for this Project because they were collected as a condition of the development contract or were previously assessed to the properties. B. STREET AND STREET LIGHT IMPROVEMENTS 1. Street Improvement The street improvement consists of the expansion of Yankee Doodle Road to accommodate the additional traffic generated by the Eagan Promenade development. It includes bridge widening, expansion of Pilot Knob Road, changes to entrance and exit ramps to I -35E, signal installation and modification, streetlight installation and other alterations to intersecting streets at a construction cost of $4,866,571.23. Easement and other costs in the amount of $2,259,511.78 were allocated to the construction costs. This results in an improvement cost of $7,126,083.01. The feasibility report and development contract called for this improvement to be partially assessed. The Council and the Developer agreed that $3,356,877 would be assessed to the development. The assessment for this improvement is prepared limiting the assessment to that amount. 2. Power Pole Relocation 9 wood poles were replaced and relocated by 6 steel poles at a cost of $55,928.86. The Development Contract estimated this assessment at $42,080 for this improvement, however, the City will assess the $55,928.86 as allowed by the terms of the Development Contract. 3. Street Lights Contract 96-20 provided for the installation of street lights along Yankee Doodle Road, Denmark Avenue, Promenade Avenue and Northwood Parkway. The installation was authorized by Projects 694 and 695. The installation was completed at a construction cost of $373,236.01. Other costs in the amount of $74,647.20 were allocated to contract resulting in an improvement cost of $447,883.21. According to Project 695, this improvement is not assessable; under Project 694, this is considered an assessable improvement. According to an analysis by location of street lights ($202,213/$373,236) of the construction costs are associated with the lights along Yankee Doodle Road. This amounts to $242,655.60 = ($447,883.21 '(S202,2131$373r236) and it will be financed by the Major Street Fund. The balance of the street light improvement $205,227.61 will be transferred to Project 694 and will be assessed at a future date. C. ASSESSMENT TERAS The assessments are proposed for a term of 20 years. The interest rate is 7.0% per annum on the unpaid balance. ^ 3 11. CITY REVENUES (RESPONSIBILITY) The City's Major Street Fund will provide financing in the following amount of $3,955,932.75 for the unassessed portion of he improvement costs. In addition, 5205,227.61 should be transferred to Project 694 for it's share of the streetlight improvement. Gerald R. Wobschall Reviewed: l/ /�Gi. Public Works Department Dated: S- / Z -!!p Reviewed l.J Fin ce Department Dated: cc: Thomas A. Colbert, Director of Public Works Tom Pepper, Assistant Finance Director Jim Sheldon, City Attorney Sue Sheridan, Accountant I 93 4 Improvement Assessment City Improvement Costs Revenue (Responsibility) Street $7,126,083.01 53,412,805.86 (53,713,277.15) Street lights 447,883.21 0.00 (447,883.21) TOTAL 57,573,966.22 $3,412,805.86 (54,161,160.36) The City's Major Street Fund will provide financing in the following amount of $3,955,932.75 for the unassessed portion of he improvement costs. In addition, 5205,227.61 should be transferred to Project 694 for it's share of the streetlight improvement. Gerald R. Wobschall Reviewed: l/ /�Gi. Public Works Department Dated: S- / Z -!!p Reviewed l.J Fin ce Department Dated: cc: Thomas A. Colbert, Director of Public Works Tom Pepper, Assistant Finance Director Jim Sheldon, City Attorney Sue Sheridan, Accountant I 93 4 CITY OF EAGAN Page 1 3/24/98 COMBINED ASSESSMENT ROLL ST695 PWRPL695 --------- ------- PER FAVORABLE TOTAL TOTAL PROPERTY FEASIBILITY (UNFAVORABLE) PROPERTY PRINCIPAL PRINCIPAL TOTAL REPORT VARIANCE IDENTO DIVISION NAME ................ .............•.. 1022472-010-01 EAGAN PROMENADE 1700000 0.00 17,000.00 17.000.00 000 1022472-010-02 EAGAN PROMENADE 4320000 000 43,200.00 43,200.00 000 1022472-01003 EAGAN PROMENADE 34212)00 000 342,120.00 342.12000 000 1022472-020-02 EAGAN PROMENADE 2160000 000 21,60000 21,60000 000 1&22472Z30-02 EAGAN PROMENADE 36000.00 0.00 36,000.00 36,000.00 000 102247204002 EAGAN PROMENADE 3120000 000 31,20000 71,2)000 000 1022472-05002 EAGAN PROMENADE 36000 00 000 36,000.00 36.000 00 000 1022472-06002 EAGAN PROMENADE 4420000 000 44,20000 44,200.00 000 10-22472-07002 EAGAN PROMENADE 1728000 0.00 17,260.00 17,26000 000 102247206002 EAGAN PROMENADE 2338634 00 55926 68 2,392,762.66 2,378,913.00 (13.84986) 1022473-010-01 EAGAN PROMENADE 2ND ADD 100000 OD 000 100,000.00 100,000 00 000 1023474-010-01 EAGAN PROMENADE 3RD ADD 331443.00 000 331,443.00 331,443.00 000 3,358,877.00 55,92886 3,412,80586 3,396,95600 (13,64986) Agenda Information Memo May 19, 1998 C. PROJ. 732.OAK POND HILLS ADDITION STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: To close the Public Hearing and Approve / Modify / Deny Proj. 732 Oak Pond Hills Add. (Streets and Utilities) and, if approved, authorize the preparation of detail plans and specifications and the acquisition of public easements as necessary. FACTS: • The streets within the Oak Pond Hills neighborhood were originally constructed in 1977 and 1978 and consist of 2" bituminous over G' gravel. The average street is 25 feet in width. The neighborhood provides access to 11 single-family lots. • The reconstruction of Oak Pond Road and Oak Pond Circle is programmed for 1998 in the current 5 -Year CIP (1998-2002) and has been part of the City's Capital Improvement Program since 1995. • The feasibility report for Project 732 was presented to the City Council on April 21, 1998, and a Public Hearing was scheduled for May 19 to formally present and discuss the report with the neighborhood. • Two informational meetings were held, one on April 23 and the other on May 12, both at 6:30 p.m. at City Hall. Of the parcels proposed to be assessed, 28 owners representing 15 properties (about 39% of total notified) attended the informational meetings. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ISSUES: • Oak Pond Hills lies within Trunk Sanitary Sewer District C -Z as identified in the City of Eagan's Comprehensive Sewer Policy Plan. This district contains approximately 41 properties with private well and septic systems. This project provides for the opportunity to serve approximately 32 of them laying in the eastern %: of the District without having to install a potentially economically unfeasible Lift Station, forcemain and laterals as proposed in the Comp plan. Current state law requires each of these septic systems to be upgraded to the new private septic standards before the property can be sold (estimated cost of approx. S6-12,000). • If the installation of utilities is not approved prior to street improvements, it would be impracticable and expensive to do so at a later date. The City Council should then provide direction as to whether the Comprehensive Land Use Guide Plan update being prepared in 1998 should identify this area as being excluded from the City's ultimate sewer service area. Presently, the entire City of Eagan is planned to be ultimately served. ATTACHMENTS: • Feasibility Report, pages �2 through • Sewer Service District Map, Page /y�6 • On-site Septic System Map, page. • Minutes From Informational Neighborhood Meetings, pages /.2Z through L,. REVIEWED BY: I City of Eagan Department of Public Works Date: �5/1S/4S REVIEWED BY. C Eagan Finan„e Department Date 5 - 15 - q4% FEASIBILITY STUDY AND REPORT 397:7 OAK POND ROAD AND OAK POND CIRCLE STREET AND UTILITY IMPROVEMENTS EAGAN, MINNESOTA CITY PROJECT NO. 732 MAY 1998 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota . Date. S �/y 98 Reg. No. SRF No. 0972902 RECONSULTING GROUP, INC. Transportation • Civil • Structural • Environmental • Planning • Traffic • Landscape Architecture • Parking SRF No. 0972902 May 14, 1998 Honorable Mayor and City Council CITY OF EAGAN 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Mayor and Members of the Council: SUBJECT: OAK POND ROAD AND OAK POND CIRCLE PROPOSED STREET AND UTILITY IMPROVEMENTS CITY OF EAGAN PROJECT NO. 732 Enclosed please find the Feasibility Study Report for Street and Utility Improvements to serve the Oak Pond Road area. The project proposed herein is consistent with the City's Comprehensive Plans and is feasible from an engineering standpoint. We would be pleased to meet with the City Council, staff and other interested parties to review any aspect of this report. Respectfully submitted, SRF CONSULTING GROUP, INC. M tthew D. Hansen, P.E. Associate A7?� Ues R. Dvorak, P.E. rmincipal MDH/JRD/smf Enclosure 9.1 One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Telephone (612) 475-0010 • Fax (612) 475-2429 ■ http://www.srfconsulting.com An Equal Opportunity Employer OAK POND ROAD AND OAK POND CIRCLE STREET AND UTILITY IMPROVEMENTS EAGAN, MINNESOTA CITY PROJECT NO. 732 TABLE OF CONTENTS LETTER OF TRANSMITTAL TABLE OF CONTENTS I. INTRODUCTION............................................................................................ II SUMMARY AND RECOMMENDATIONS....................................................... III. PROJECT DESCRIPTION............................................................................. A. Street Improvements........................................................................... B. Storm Sewer Improvements............................................................... C Sanitary Sewer and Water Main Improvements ................................... Table 1 -- Building Permits and Septic Permits Issued by City ........................ IV. RIGHT-OF-WAY AND EASEMENTS............................................................. VPERMITS....................................................................................................... VIESTIMATED COSTS..................................................................................... Table2 -- Estimated Costs............................................................................. VIIAFFECTED PROPERTIES............................................................................ VIIIASSESSMENTS............................................................................................ A. Assessment Summary ......................................................................... Table 3 -- Proposed Assessment Summary ..................................................... B Assessment Financing Options........................................................... IX. REVENUE SOURCES................................................................................... XPROJECT SCHEDULE.................................................................................. APPENDIX • Detailed Preliminary Estimate of Construction Costs • Figure 1 -- Project Location Map • Figure 2 -- Proposed Street and Storm Sewer Improvements • Figure 3 -- Proposed Typical Section • Figure 4 -- Proposed Sanitary Sewer and Water Main Improvements • Figure 5 -- Trunk Sanitary Sewer Improvements • Figure 6 -- Trunk Water Main Improvements • Figure 7 -- Assessment Parcels q? Page No. 1 2 3 3 4 5 6 8 9 10 10 11 12 12 13 14 15 15 I. INTRODUCTION This Feasibility Study has been authorized b}the Cin Council for improvements to the Oak Pond Road and Oak Pond Circle area. This work has been identified in the City's Capital Improvement Program (CIP) since 1995 and was included in the approved 1998-2002 CIP. The project is located immediately north of Cliff Road, approximately one-half mile west of Dodd Road in southeast Eagan (see Figure 1). The area is a residential neighborhood that has a heavily wooded rolling topography. The 11 lots in the area are large and irregularly shaped and the setback of the homes vary. There are also a number of homes with very steep driveways. The streets were originally constructed by the developer: Floyd Forsberg of V. Barton Construction Company in 1977 for the Oak Pond Hills Addition and Floyd Forsberg of Eagan Enterprises in 1978 for the Oak Pond Hills 2nd Addition. The original street section was approximately 2 inches of bituminous surfacing over 6 inches of gravel base. This section does not meet today's standards and has reached the end of its expected 20 -year life. The developer platted a 60 -foot right-of-way, but did not construct the street in the center of the right-of-way in all locations. In 1987, a storm sewer outlet for pond LP -34 was constructed, which necessitated the reconstruction of the roadway from Cliff Road to the northeast approximately 750 feet. This work was completed under City Project No. 444R. This report identifies the street and storm sewer improvements necessary to upgrade the existing street to current City standards. Since the area is not currently served with City sewer and water, those improvements are also included for the residents' and council's information. 99 II. SUMMARY AND RECOMMENDATIONS City Project No. 732, as outlined herein, is feasible from an engineering standpoint. The proposed roadway and storm sewer improvements are consistent with current City standards. The utility improvements discussed are consistent with the City's Comprehensive Guide Plan and utility plans. The total cost of this project. including sanitary sewer and water main improvements, is estimated to be $620.000. The following recommendations are presented for the Council's consideration: • This project is necessary due to the age, substandard design and resulting deteriorated condition of the streets within this development. The project will provide an improved driving surface. reduced maintenance and improved drainage. This project is cost effective in that reconstructing and upgrading the project streets will result in a considerable reduction in overall maintenance costs and will add value to the overall neighborhood as well as individual properties. This project is feasible from an engineering standpoint in that the project streets have exceeded their normal life cycle, and normal maintenance measures are no longer a practical or effective alternative. • It is recommended that the City Council receive the Feasibility Study and schedule a public hearing for the proposed project area. • If City sewer and water service is proposed to be provided to the area in the near future, we recommend that the improvements necessary to sere the lots on Oak Pond Road and Oak Pond Circle be included in this project. /Odl III. PROJECT DESCRIPTION A. STREET IMPROVEMENTS The street serving the neighborhood was originally constructed in 1977 and 1978. The southeast half of Oak Pond Road was reconstructed in 1987. The pavement is currently in poor condition and has a Pavement Condition Index (PCI) of 18. The PCI is determined through inspection of the existing street. A PCI of 56 to 100 represents pavements in very good condition that would require localized maintenance. A PCI of 36 to 55 represents pavements that are in fair to good condition and are most appropriately maintained with an overlay. Pavements with a PCI of 0-35 are considered to be in poor to very poor condition and require reconstruction. The roadway does not have curb and gutter or storm sewer for drainage. As stated previously. the area is heavily wooded and the trees abut the roadway in several places. In addition. the existing road is not centered in the platted 60 -foot right-of-way. The existing bituminous surface is approximately 25 feet wide..The Oak Pond Circle cul-de-sac has a center island with a radius of approximately 15 feet with mature trees on it. Under City Project No. 732, it is proposed to upgrade the existing roadway within the Oak Ponds Road Area to Eagan City standards. It is proposed to construct a 28 -foot -wide. 7 -ton design bituminous roadway with concrete curb and gutter along the existing alignment. This alignment would not be in the center of the right-of-way, but will help minimize impacts to existing trees. In conjunction with the roadway reconstruction, it will be necessary to reconstruct portions of the existing driveways to provide proper access to the homes (see Figure 2). The proposed typical section for the roadway includes 12 inches of granular material (to improve subsurface drainage). 6 inches of Class 5 gravel with a 3 1/2 -inch bituminous surface (see Figure 3). The estimated cost for street improvements is 5219,000. B. STORM SEWER IMPROVEMENTS With the construction of an urban road section (i.e.. concrete curb and gutter), it will be necessary to construct a storm sewer system capable of draining the roadway and surrounding area. Therefore, it is proposed to include the storm sewer system in Project No. 732 The project area lies almost entirely within subdistrict L-23, as outlined in the Eagan Comprehensive Storm Water Management Plan (1990). As stated earlier, an outlet for storm water pond LP -34 was previously constructed under City Project No. 444R. The alignment of this outlet pipe proceeds from the pond to Oak Pond Road, then southwest to Cliff Road. At Cliff Road, the pipe proceeds west to pond LP -35. This system exclusively serves as an outlet for the pond LP -34 and does not provide an% direct drainage for the roadway. It is proposed under City Project No. 732 to construct the storm sewer system necessary to accommodate storm runoff from the roadway and surrounding area. It is proposed to extend storm sewer from the Oak Pond Road Oak Pond Circle intersection southwest to the existing easement for the pond outlet and southwest 150 feet to the Oak Pond Road low point. At the existing easement for the pond (Outlot A). the storm sewer would be extended northwest and northerly to the pond (refer to Figure 2). Additional work within Outlot A would include the construction of a gravel access road to the north end of Pond LP -34 and an outlet pipe for Pond LP -61 to discharge into Pond LP -34. The restoration of the eroded overflow swale is also included. The estimated cost of the storm sewer s% stem proposed under this project is 576.000. /D� C. SANITARY SEWER AND WATER MAIN IMPROVEMENTS Even though the property owners have not requested sanitary sewer and water service. it is prudent to consider them at this time. The neighborhood is approaching 20-25 years of age and the existing wells and septic systems may be reaching the end of their expected life. Table I identifies dates that building permits and septic system permits were issued by the City. If it is decided that these utilities should be made available to this area, it is recommended that they be installed as part of City Project No. 732. Both the sanitary sewer and water main should be placed under the new roadway to minimize the impacts to the neighborhood (see Figure 4). They could be installed at a later date outside the curb. but this placement would result in significant tree loss. If the sanitary sewer is constructed at this time. the homes could not be hooked up until further improvements to the trunk system are made. There is not sufficient depth in the existing sanitary sewer system, which is located immediately east in the Fawn Ridge Development. to serve the Oak Pond Road area. The sewer would need to be extended to the southwest to Cliff Road and terminated. In the future, sewer will need to be extended west along Cliff Road to Holland Lake as shown in the Comprehensive Sanitary Sewer Plan. where construction of a lift station and forcemain would be necessary to complete the trunk system. Because of the large lou in the area and the county park on the south side of Cliff Road. it may not be economically desirable to serve this area with sanitary sewer in this manner. It may be more cost effective to construct such sanitary sewer improvements along Cliff Road (County Road 32) when the County upgrades this segment. However, there are no improvements scheduled for this section of Countv Road 32 in the near future. An alternative to the system shown in the Comprehensive Plan would be to construct a sanitary sewer lift station within the Oak Pond Hills neighborhood. The lift station could be connected to the existing sewer within the Fawn Ridge Development to provide service to the homes in the Oak Pond Road area immediately. The lift station could also be placed at an elevation such that most homes within the Lakewood Hills Addition and Rockwood's Woods Addition, which are immediately west of the Oak Pond Road Area, could also be served. If sanitary sewer is to be provided at this time, it is recommended that this alternative be used since it would allow immediate connection (see Figure 5). /�-3 5 TABLE 1 Building Permits and Septic Permits Issued by City City Project No. 732 Oak Pond Road and Oak Pond Circle PARCEL DATE ITEM A 855 Cliff Rd May -57 Building Permit B 4590 Oak Pond Rd Jun -78 Septic Permit C 4580 Oak Pond Rd Sep -78 Septic Permit D 4575 Oak Pond Rd Moy-78 Building Permit E 4565 Oak Pond Rd Se 79 Septic Permit F 4545 Oak Pond Circle Sep -78 Septic Permit G 4535 Oak Pond Circle Jun -83 Septic Permit H 4529 Oak Pond Circle Aug -79 Septic Permit 1 4523 Oak Pond Circle Au -79 Septic Permit J 4524 Oak Pond Rd Sep -83 Septic Permit K 4540 Oak Pond Rd Dec -78 Septic Permit N 835 Cliff Rd Mar -55 Building Permit O 859 Lakewood Hills Rd Oct -87 Building Permit P 861 Lakewood Hills Rd Sep -90 Building Permit 9 863 Lakewood Hills Rd Jan -81 Septic Permit R 865 Lakewood Hills Rd Nov -68 Building Permit 5 885 Lakewood Hills Rd Jun -59 Building Permit GG 874 Lakewood Hills Rd N Apr -97 Septic Permit The extension of water main should also be considered. Currently. a 6 -inch water main exists at the east end of Oak Pond Road in the Fawn Ridge Development. If included in the City project. it is proposed to connect to the existing water main and extend 6 -inch water main along Oak- Pond akPond Road and Oak Pond Circle to provide service to the existing homes. It is also recommended that a portion of the 18 -inch trunk water main proposed along Cliff Road between Dodd Road and Lexington Avenue in the Water Distribution System Plan be constructed at this time. This 18 -inch connection between North Hay Lake Road and Oak Pond Road will provide a looped system and eliminate a long dead end water main (see Figure 6). The estimated cost for sanitary sewer proposed under this City Project No. 732 is $180.000. The cost for water main is estimated to be 5145.000. IV. RIGHT-OF-WAY AND EASEMENTS The improvements proposed in this report are anticipated to be constructed within the existing platted right-of-way and easements. During final design, any temporary easements required to complete the project, such as those needed for driveway reconstruction, will be identified and obtained. V. PERMITS A permit from Dakota County will be required for construction of the street, sanitary sewer, and water main in the Cliff Road (County Road 32) right-of-way. Wetland permits may be required for construction of the storm sewer and access road. A permit from Metropolitan Council Environmental Services will be required for the sanitary sewer construction and a permit from the Minnesota Department of Health will be required for the water main construction. VI. ESTIMATED COSTS The estimated cost of City Project No. 732 is summarized below in Table 2. The estimated cost includes a 10 percent contingency and an additional 30 percent for design. inspection. administration and capitalized interest. A detailed estimate of construction costs is included in the Appendix. TABLE 2 Estimated Costs City Project No. 732 Oak Pond Road and Oak Pond Circle IImprovement Cost Streets Street Reconstruction 5171,000 Driveways and Curb and Gutter S 48,000 Storm Sewer Lateral S 47,000 Trunk S 29,000 Sanitary Sewer Lateral S 66,000 Trunk S114,000 Water Main Lateral S 52,000 Trunk S 93,000 Total Project Cost S620,000 10 A 6F VII. AFFECTED PROPERTIES The properties in the area that are affected by the proposed improvements and require notification of the public hearing are listed below: r " A B C D E F G H 1 L M N O P Q R S V W X Y Z AA BB CC DO EE FF GG HH I I 11 KK LL NM NN 00 Property 1. D. 10.44350-150.00 10-53600-010-02 10.53600-020.02 10.53600-010-01 10.53600-020-01 10-53601-010-01 10-53601-020-01 10-53601-030-01 10.53601.040-01 1 G-53601-020-02 10-53601-010-0'-- 10-02600.021= 7 10-53601-0-0-00 10-02600-030-77 10-64500-010-01 10.64500.021-01 10-64500-022-01 10—"350-010.00 10-44350-040-00 10-44350-041.00 10-44350-050.00 10.44350.060-00 10-84300-055-00 10-44351-010-01 10-44351-020-01 10-44350-200.00 10-44350-190.00 10-44350.180-00 10-14350-170-00 10-44350-160-00 I0-44350-131-00 10.44350.070-00 10-44350-081-00 1044350.090-00 1044350-100-00 10.44350-110.00 10-44350.120.00 10-44350.130-00 10-44350.140-00 See Figure 7 for Parcel Map Property Descriotlon La 15 South 250' Lot I Block 2 Lot 2 Block 2 Lot I Block 1 Lot 2 Block I Lot 1 Block 1 La 2 Block I Lot 3 Block I Lot 4 Block I Lot 2 Block 2 Lot I Block 2 Exception east of Outlot B Oudot B Exception west of Oudot B Lot I Block I Lot 2 Block I Lot 3 Block I Lot I Las 2.3 & northerh IQ Lot 4 Lot 4 Southerly half Lot 5 Lot 6 poL5 Lot I Block I Lot 2 Block I Lot 20 Lot 19 Lot IS Lot 17 Lot 16 Lot 15 Remainder La 7 Lot 8 La 9 Lot 10 Lot 11 Lot 12 Lot 13 Lot 14 LAKEWOOD HILLS OAK POND HILLS OAK POND HILLS OAK POND HILLS OAK POND HILLS OAK POND HILLS 2ND ADD OAK POND HILLS 2ND ADD OAK POND HILLS 2ND ADD OAK POND HILLS 2ND ADD OAK POND HILLS 2ND ADD OAK POND HILLS 2ND ADD OAK POND HILLS 2ND ADD ROCKA OODS WOODS ADD ROCKWOODS WOODS ADD ROCKW'OODS WOODS ADD LAKEW'OOD HILLS LAKEWOOD HILLS LAKEWOOD HILLS LAKEWOOD HILLS LAKEW DOD HILLS WILDERNESS RETREAT LAKEWOOD HILLS 2ND ADD LAKEWOOD HILLS 2ND ADD LAKEWOOD HILLS LAKEWOOD HILLS LAKEW DOD HILLS LAKEWOOD HILLS LAKEWOOD HILLS LAKEWOOD HILLS LAKEWOOD HILLS LAKEW'DOD HILLS LAKEWOOD HILLS LAKE% DOD HILLS LAKE% DOD HILLS LAKEW'OOD HILLS LAKEW OOD HILLS LAKE% DOD HILLS 11 /dg/ Address 855 Cliff Rd 4590 Oak Pond Rd 4580 Oak Pond Rd 4575 Oak Pond Rd 4565 Oak Pond Rd 4545 Oak Pond Circle 4535 Oak Pond Circle 4529 Oak Pond Circle 4523 Oak Pond Circle 4524 Oak Pond Rd 4540 Oak Pond Rd 825 Cliff Rd (Cin propem ) 835 Cliff Rd 859 Lakewood Hills Rd 861 Lakewood Hills Rd 863 Lakewood Hills Rd 865 Lakewood Hills Rd 885 Lakewood Hills Rd 885 Lakewood Hills Rd 905 Lakewood Hills Rd 915 Lakewood Hills Rd 935 Lakewood Hills Rd N 912 Lakewood Hills Rd N 912 Lakewood Hills Rd N 906 Lakewood Hills Rd N 904 Lakewood Hills Rd N 890 Lakewood Hills Rd N 882 Lakewood Hills Rd N 873 Lakewood Hills Rd N 874 Lakewood Hills Rd N 914 Lakewood Hills Rd 901 Lakewood Hills Rd 896 Lakewood Hills Rd 894 Lakewood Hills Rd 888 Lakewood Hills Rd 870 Lakewood Hills Rd 864 Lakewood Hills Rd N 871 Lakewood Hills Rd N VIII. ASSESSMENTS A. ASSESSMENT SUMMARY A portion of the cost of City Project No. 732 is proposed to be assessed to the benefiting properties on a per -lot unit basis. Five parcels in the plat and two on Cliff Road are identified as being large enough to subdivide into two lots and are proposed to be assessed as two units. A proposed assessment summary is presented in Table 3 on the following page. Refer to Figure 7 for a parcel assessment map. Eagan's assessment policy for street reconstruction and utility improvements is summarized as follows: Proposed Impro%ement Bituminous Street Reconstruction \'ew Concrete Curb Driveway Reconstruction Storm Sewer - Lateral Improvements Storm Sewer - Trunk Improvements Sanitary Sewer - Lateral Improvements Sanitary Sewer - Trunk Improvements Water %lain - Lateral Improvements Water %lain - Trunk Improvements Single Family Residential Assessed Cite Funded 750/0 254'0 100% 04/0 100% 0% 0% 100% 100% 0% 0% 100% 100% 0% 0% 100% However, the City has obtained preliminary appraisals that estimate the benefit that each unit will receive if the project is completed. The appraisals identified a benefit of 57,000 for street and storm sewer improvements and a benefit of 57,000 for sanitary sewer and water main improvements. The appraisals place a cap on how much of the project may be reasonably assessed, therefore. the proposed assessments shown in Table 3 reflect the appraisals. The balance of the project costs will need to be financed by the City's major street and utility funds. INRF 3 ASST SSMLNI SUMMARY C IIV OI IA(,AN IWO k t,I NO /12 OAK IA TNI) Rt W) SIM L I M U M MI NI5 IIY 1770!$764141 PROJECT COST STREET AURA jA7tRAL ��AT*)STORM STORMTERSAWATERUIlRAL 11ilMKNAI 1161NK 1Rl1NK IOIAI 529.02511/.990 $114111 S97.9W $619.693 PROPOSED ASSESSMEWS PREVIOUS ASSESSMIEMS SINGLE FAMILY PARCEL STREET STORM SANITARY SANIARY WATER IPUNK I AM STORM TRUNK ANN WATER IRUNK (2) IN" PIN _ _ TOTAL _STORM SAN WATER A - 10 44 350 150 00 655 CMI Rd 7.000 5.619 695 $14170 Y N N IT 10 51700 010 02 4590 Oak Pad Rd 7.000 5619 695 $14.174 _ Y N N (1) c 10 51600 020 02 4560 Oak Pont Rd 14000 11.237 1.120 1. $26.747 _ _ V N N _ _ U 10 51000 010 01 4575Oak PadRO 7.00 _ 5619 - 660 _ 695 - $14.374 Y -- - N N 1) _ 1 10 51600 020 01 4565 Oak Pond Rd - - - _ -- -14000 11.237 1.720 I $25.747 V N N (1) 1 10 53601 010 01 4545 Oak lard Cock, 14,000 11.237 1.720 I,M 526.747 Y N N O 10 MMI 020 01 4535 Oak Pahl C4cb 7.000 5,619 11W_ 695 $14,314 _ Y N N 11 10 53WI 030 01 4529 Oak Pond Ckcle 7,0W 5.619 660 - -1.720 -8% 514.374 Y N N (1) 1 10 53601 040 01 45230ak Panel C008- 14000 11.237 1.790 $26.747 Y N N 1 10 53601 020 6245240uk ILal Ph1 /.m 5619 mo 695 $14.314 Y N N K 10 WWI 010 02 4.10 OWI lard Ml 7LXK) 5619 61R 695 S14374 Y N N 1,4) 1 10 07600 021 11 625 CMI Rd 11,237 _ 1.720 _ _ I. $14747 Y_ N N M 10 51001 020 W (Clly popedy) 7.00 11.237 516237 1.4)N 10 07600 OW 77 M CMI Rd 11.217 1,720 1.790 S14.747 _ V N N 0 10 64500 010 01 659 Lakewood Hills Rd - - _ - $0 y y y - 11 10 64500 011 01 6611okewo0t1116 Rd SO V Y Y tJ 10 64.0 02.1 01 663 lakewu[rl l b lkl 060 $600 Y N N It 10 44350 010 IU MS lokew(xr1 Ili. MI ow 5660 Y N 11 10 "350 040 W 665 lokewood f Nh Rd _ _ $660 _ Y N N _ V 10 44350 041 W 665 Lakewood M Rd _860 5660 Y N N 10 44350 050 00 905 LOkew fell Rd 660 SW Y N N • X 10 443W 060 00 915 Lakewood Hila 90 &a 5660 V N N Y 10 64300 055 0 935 Lakewood LYs Rd N 1160 $060 _ 1 10 MW 010 Of 912 Lakewood /IRs Rd N 660 5660 N N N AA IU 44151 OAl 01 '212 Lakewn14 J I M W N 600 5660 N _ N N 14s 10 4431.0 200 W 906 Lakewood IIRs Rd N 560 5660 N N N (:C 10 44350 190 00904LdwYAK)IlIds RdN 560_ 566[1 N N N 110 10 443.`0 160 00 690 Lakewood 11Rs Rd N 660 5660 N N N I k 10 44150 170 00 66.2 Lakewt JIM$ Ph1 N 660 5660 N N N I F 10 443W 160 W 6711okewood FIRS RU N _560_ _ S11W _ N N N t:O 10 44150 151 W 614LukOwoodFIRSRdN 660 _ SM N N N 161 10 44350 070 00 914 Lakewood Lillis Rd 660 $660 Y It N K 10 44350 061 W 901 Lukewoodllils Rd 660 5660 Y N N N 10 4435 O90 00 696 L ukewoal 1-1116 Rd 660 $660 V N N KK 10 443:0 10 (IO 694 Lukewotrd N! Rd 660 _ _ $660 _ N N N 1 L 10 44350 110 W 686ltskewoo0 H& Rd 5660 N N N MM 10 "350 I2U I0 6)Olakew 1111,11d 61 5660 N N N 1IN 10 443.1 130 W 664L(*.xx)d TMs Rd N so $660 N 14 N 110 10 "1.) 140 10611 Lt1kow," l l Ys Rd N ko 5660 N N N IOIAI 5117.010 $n $117990 536170 $17,005 SM. 115 1111•. PAWL IIN11TOY IT it AY4Y]SII AI11A1111 �1 �IY 111) 11IN ) 111P.1111111At ldI WIRRIIAtli I) Ifl kA 4 NIIAl IAINIKW M1'N RAII LA�I4144N —III) B. ASSESSMENT FINANCING OPTIONS At the time of the assessment hearing. property owners will have the option of paying any portion of the assessment following the assessment hearing or including the assessment as part of their property tax statement. If the assessment is included on the property tax statement. the assessment will be spread over a 15 -year period at an interest rate determined by the bond sale financing this improvement. The following payment schedules would result based on a 7 percent interest rate for the proposed assessment amount. Assessment = 514,374 Principal/Year Interest Year 1 st Year $958 S 1.929* 2nd Year 5958 S 9:9 15th Year 5958 S 67 Assessment = 528.747 Princival/Year 1st Year 51.916 2nd Year 51.916 15th Year S 1.916 • Inc ludes 23 months of interest for the first year. Interest'Yeaz 53,857* S1.878 $ 134 Cost"Yeaz S'_.887 S 1.897 51.02: Cost/Year $5.773 53.794 52.050 Cost>lonth 5241 $158 S S� Costllonth 5481 5316 5171 IX. REVENUE SOURCES Revenue to cover the cost of City Project No. 732 is estimated as follows: The estimated project cost deficit of S354.005 will be financed by the City's major street and utility funds. Project Assessment City Cost Revenue Contribution A. Streets and Storm Sewer(') $264.743 3105,000 5159.743 B. Storm Sewer - Trunk S 29,029 $ 0 S 29,029 C. Sanitary Sewer and Water Main 3117,990 3106,753 S 11.237 D. Sanitary Sewer - Trunk $114.171 S 36.120 $78.051 E. water Main - Trunk S 92.950 S 17,005 S 75.945 Total Balance 5618,883 $264,878 5354,005 '"Includes street reconstruction, new curb and gutter. driveway reconstruction and lateral storm sewer improvements. The estimated project cost deficit of S354.005 will be financed by the City's major street and utility funds. X. PROJECT SCHEDULE The proposed schedule for City Project No. 732 is as follows: Present Feasibility Report to City Council April 21, 1998 Hold Public Heating May 19, 1998 Approve Plans and Specifications July 7, 1998 Advertise for Bids July 8, 1998 Open Bids July 30, 1998 Award Contract August 4, 1998 Construction Complete November 1, 1998 Hold Assessment Hearing January 1999 First Payment Due with Real Estate Takes May 2000 16 APPENDIX • Preliminary Cost Estimate . Figure 1 -- Project Location Map • Figure 2 -- Proposed Street and Storm Sewer Improvements • Figure 3 -- Proposed Typical Section • Figure 4 -- Proposed Sanitary and Water Main Improvements • Figure 5 - Trunk Sanitary Sewer Improvements Figure 6 -- Trunk Water Main Improvements Figure 7 - Assessment Parcel Map /115� SRF CONSULTING GROUP, INC COMM NO 0972902 H. \CIVIL\Od7\29C2\ExCEL\EsY2902xis DATE PRINTED d/23/98 PRELIMINARY COST ESTIMATE CITY OF EAGAN PROJ. NO. 732 OAK POND ROAD STREET IMPROVEMENTS Page 1 /146p UNIT ESTIMATED TOTAL ITEM NO. ITEM DESCRIPTION UNIT PRICE QUANTITY AMOUNT 2101.502 CLEARING TREE $20000 5 Si.000 2101.507 GRUBBING TREE $200.00 5 S1.000 2104.501 REMOVE PIPE CULVERTS LIN FT $8.00 60 S4180 2104.513 SAWING BIT PAVEMENT LIN FT $3.00 140 $420 2105.501 COMMON EXCAVATION P CU YD $700 4.000 528.000 2105.507 SUBGRADE EXCAVATION CU YD $7.00 500 S3.500 2105.522 SELECT GRANULAR BORROW CV CU YD $8.00 2,200 S17.600 2105.609 GEOTEXTILE FABRIC TYPE 5 SO YD $1.00 1,800 51.800 SUBTOTAL S53.8C0 CONTNGENCIES 10% 55.38C SUBTOTAL $59 18C INDIRECT COSTS 30% S17.75a TOTAL GRADING $76.934 2211.503 AGGREGATE BASE CV CL 5 CU YD S15.00 1,100 $16.50C 2232.501 MILL BITUMINOUS SURFACE SO YD S200 5.000 $10.000 2340.508 TYPE 41 WEARING COURSE MIXTURE TON $24.00 430 S10.320 2340.514 TYPE 31 BASE COURSE MIXTURE TON S2600 650 S16.9CO 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GALLON $200 260 S52C SUBTOTAL S54.24C CONT NGENCIES 10% SS.a2a SUB'C-AL $S9 6641 INDIRECT COSTS 30% $17.899 TOTAL PAVING $77,563 2211.503 AGGREGATE BASE CV CL 5 CU YO $1500 150 S2.250 2340.518 TYPE 41 BITUMINOUS MIXTURE FOR DRIVEWA TON SCC 00 100 $41.x0 2531.501 CONC CURB AND GUTTER DESIGN 8618 LIN FT $750 3.600 $27.CCC SUBTOTAL 533.250 CONT NGENCES 10% 53.325 SUBTOTAL $36.575 NDIRECTCOST$ 30% $10.973 - 2501.515 2501.515 2502.541 2503.541 2603.541 2503.54i 2506.502 251.1 505 TOTAL NEW DRIVEWAYS 15' RC PIPE APRON _ 21- RC PIPE APRON 4' PERF TP PIPE DRAIN_W! FABRIC 15' RC PIPE SEWER DESIGN 3006 18- RC PIPE SEWER DESIGN 3006 _21- RC PIPE SEWER DESIGN 3006 CONST DRAINAGE STRUCTURE (48') HAND PLACED RIPRA_ P_ SUBTOTAL _ _ _CONTINGENCIES(10%) ------------- SUBTOTAL- -_ ____ . INDIRECT CO5T_5 (30%) _ -_ _ - ----- TOTAL LATERAL STORM SEWER EACH EACH LIN FT LIN FT LIN FT _LIN FT EACH ..,-. -- 5450.00 $500_00 -$10.00 $25.00 $27 00 ___440 _53000_ S1_2C0-00_ -------_ _ _ -- _ 1 _1 100 140 210_ _ _ 7 ___ - --- --- - -_ - $47,508_ - _5450_ $SCC _Sj.xO S3.500_ _ -$ 1,88C - _ 56_3CC SB.aCC $32.:30 _ S3.2_3 S3� 393 ; to - 546.661 Page 1 /146p SRF CONSULTING GROUP. INC. COMM. NO 0972902 H: \ C IVIL\047 \ 2902 \ EXCEL\ Es12902. xis DATE PRINTED 4/23/98 PRELIMINARY COST ESTIMATE CITY OF EAGAN PROJ. NO. 732 OAK POND ROAD STREET IMPROVEMENTS Pogo 2 UNIT ESTIMATED TOTAL ITEM NO. ITEM DESCRIPTION UNIT PRICE QUANTITY AMOUNT 2501.515 1S- RC PIPE APRON EACH S450.00 2 5900 2503.541 15' RC PIPE SEWER DESIGN 3006 LIN FT S25.00 130 S3.250 2511.505 HAND PLACED RIPRAP CU YD S6000 10 5600 2101.502 CLEARING TREE 5200.00 15 $3.000 2101.507 GRUBBING TREE $200.00 15 $3.000 2105.501 COMMON EXCAVATION P CU YD S7.00 400 52.800 2218.502 AGGREGATE SURFACING CL 5 CU YD$15.00 250 $3.750 2573.502 SILT FENCE - HEAVY DUTY LIN FT 53.00 500 51,500 2575.501 SEEDING ACRE 52.500.00 0-6 51.500 SUBTOTAL 520.300 CONTINGENCIES 10% S2'030 SUBTOTAL 522.330 INDIRECT COSTS 30% $6.599 TOTAL TRUNK STORM SEWER $29,029 2451.602 TRENCH ROCK TON 510 00 50 5.500 2503.602 8' PIPE PLUG EACH $50.00 1 $50 2503.602 8' X 4' PVC WYE EACH SICC 00 11 $1.100 2503.603 4- RISER PIPE LIN FT 510 00 24 $240 2503.603 4' SANITARY SERVICE PIPE L:N FT $800 300 S2.400 2503.603 8- SAN PIPE SEWER SDR 35 0.10' LIN FT S1800 920 516.560 2503.603 8- SAN PIPE SEWER SOR 35 10'-15' LIN FT S2200 550 $12.100 2506.802 CONSTRUCT SANITARY MANHOLE 0' 8' EACH S 1.200.00 8 $9.500 2506.603 MANHOLEOVEROEPTH UN FT Stcc00 35 $3.500 SUBTOTAL $46.050 CONTINGENCIES 10% 54.505 SUBTOTAL $50.655 INDIRECT COSTS 30% $15.197 TOTAL LATERAL SANITARY SEWER 65 652 2503.601 SANITARY SEWER PUMP STATION LUMP SUM $50,000.00 1 $50.000 2503.601 SERVICE PANEL LUMP SUM $15.000.00 1 515.000 2503.603_ 4' SANITARY FORCE MAIN LIN FT $14.00_ 1,060 $14.640. SUBTOTAL - - S79=940 _ CONTINGENCIES (10%� --- S7,984 SUBTOTAL --$87'324 - - INDIRECTCOSTS --- $26.347 - _ _TOTAL TRUNK SANITARY SEWER - =111,171 - 2504.802 1' CORPORATION STOP EACH SdaO _ 2504.602 _ 1' CURB STOP AND BOX_ _ EACH $80.00 11 _ _$880 2504.802 W GATE VALVE AND BOX EACH $38000 _7_ _ _ __52.450 _ _ 2504.620 FITTINGS POUND 52 00 ,_ 1200 _._ SZ4C0 2504_602 _WATERMAIN CONNECT TO EXIST WATERMAIN EACH $500:00-_1 _ _ _ $SGC 2504.802 HYDRANT EACH _S1.SOOAO_--3_ $4_500 2504.503 _ 1' TYPE K COPPER SERVICE PIPE_.______ LIN FT 58 -_. _330 52.5-C 2504.603 6' WATERMAIN DUCT IRON CIL 52 _LIN FT_- $15.00 __ 1,510 S22.550 SUBTOTAL Pogo 2 SRF CONSULTING GROUP, INC COMM. NO 0972902 H: \ CIVIL\ 047 \ 2902 \ EXCEL\ Es12902.xIs DATE PRINTED 4/23/98 PRELIMINARY COST ESTIMATE CITY OF EAGAN PROJ. NO. 732 OAK POND ROAD STREET IMPROVEMENTS Pose 3 //4-F, UNIT ESTIMATED TOTAL ITEM NO. ITEM DESCRIPTION UNIT PRICE QUANTITY AMOUNT CONTINGENCIES 10% $3.646 SUBTOTAL $40.106 INDIRECT COSTS 30% 512.032 TOTAL LATERAL WATER MAIN $52,138 2504.602 HYDRANT EACH $1.500.00 3 54.500 2504.602 AIR RELIEF MANHOLE EACH $2.000.00 2 54.000 2504.603 18' WATERMAIN DUCT IRON CL 52 LIN FT 530.00 1,500 $45.000 2575.501 SEEDING ACRE $2.500.00 2.6 $6.500 2563.601 TRAFFIC CONTROL LUMP SUM $5.000.00 1.0 $5.000 SUBTOTAL $65•000 CONTINGENCIES 10% S6.5CC SUBTOTAL $ 71, 500 INDIRECT COSTS 30% $21,4'0 TOTAL TRUNK WATER MAIN $92,950 2573.501 BALE CHECK EACH 55.00 30 $150 2573.502 SILT FENCE - HEAVY DUTY LIN FT 53.00 2D0 WO 2575.501 SEEDING ACRE $1,500.00 1.0 $1.500 2575.502 SEED MIXTURE. TYPE 500 POUND 55.00 50 $250 2575.505 SODDING TYPE LAWN W/ 4' TOP SOIL SO YD 5200 4,000 S8.000 2575.512 MULCH MATERtAI. TYPE I TON 5200.00 2 SAM 2575.532 COMMERCIAL FERT ANALYSIS 10-10.10 LBS S050 630 $315 SUBTOTAL $11,215 CONTINGENCIES 10% $1.122 SUFOTAL $12.337 INDIRECT COSTS 30% 53.701 TOTAL TURF ESTABLISHMENT $16,037 TOTAL PROJECT18,883 Pose 3 //4-F, ) i IJ 1 \ n "i Yi wlY L 7 r .1 "•111 .J'11n N, • Kr.1� N 1/ t KlN1 Y0 l.. 0 F t(J n Y r ) i IJ 1 \ n "i Yi wlY L 7 r .1 "•111 .J'11n N, • Kr.1� N 1/ t KlN1 Y0 l.. 0 F t(J Y 1.. .. \� r�C) rri O w -_1 _ �••� IJ L Y p r L 7_ -p O m I m --1 In ) i IJ 1 \ n "i Yi wlY L 7 r .1 "•111 .J'11n N, • Kr.1� N 1/ t KlN1 Y0 l.. 1 F t(J Y 1.. .. �� tM`wvl A, t� Md 1. .� •N• T L. �IaN,ll• Y .l .t,, Ilu,wall, '44 IN •P SIM 4NNIM 1/N IN CITY OF EAGAN ® C. P. NO. 732 OAK POND RD. STREET IMPROVEMENTS PROPOSED STREET AND STORM SEWER IMPROVEMENTS V ARE 2 -PA CEL ID I TYP I � LP -r" POND ® aocxW000s , � 3 60, .5.- OU110 Y \ OAK WOODSOL S OT \ POND LP -34 -�"y O CITY OF EAGAN ® C. P. NO. 732 OAK POND RD. STREET IMPROVEMENTS PROPOSED STREET AND STORM SEWER IMPROVEMENTS V ARE 2 Ci 60, S OT \ -�"y OAK OE2 BL CK � Q } R. 441 O \ �. r_.. i LOT _ CLIFF ROAD LEGEND -�� EXIST. STORK SEWER, -�� PROPOSED STORM SEWER � \\ ---- EXIST. ROADWAY PROPOSED ROADWAY / \ 200'® PROPOSED ACCESS DRIVE CITY OF EAGAN ® C. P. NO. 732 OAK POND RD. STREET IMPROVEMENTS PROPOSED STREET AND STORM SEWER IMPROVEMENTS V ARE 2 R/W R/W 60 It OAX POND ROAD vARiES Q3,= PAVEMENT SECTION: 1 VZ" BITUMINOUS WEAR COURSE 2" BITUMINOUS BASE COURSE V AGGREGATE BASE 12' GRANULAR BASE CITY OF EAGAN C.P. NO. 732 OAK POND RD. STREET IMPROVEMENTS TYPICAL STREET SECTION /c;� FIGURE 3 `.f PA CEL ID ITYPI� i pQND LP -6 1 ® ROCKY1pQ05 I r� i►` OUTLOT \ / OAK 1 / �...�... os ® Od,`,_' I / POND POND LP -14 � - / pdy 'a✓ ^— I ~_ FUTURE <0 _ SAN. SEWER O ADO. P 0 CISED 3, ;6 W.M. lOT KILLS / \ 1 J 2 l -T T` OAK 2md '6r O PROPOSED © LIFT STATION Q Cv PROPOSED 8" is 441} 5AN. SEWER QB NAL OV A. C— i L a � — O _ PROPOSE 18' r,`\ ,��� V _ _ WATER AIN • I LOT CLIFF ROAD �( LEGEND -- EXIST. WATER MAIN.' —•— PROPOSED WATER MAIN ! -- FUTURE WATER MAIN --+ EXIST. SANITARY SEWER —<--. PROPOSED SANITARY SEWER -- O G0C FUTURE SANITARY SEWER —<—<— PROPOSED SANITARY FORCE MAIN CITY OF EAGAN FIGURE ® C.P. NO. 732 OAK POND RD. STREET IMPROVEMENTS 4 c....l„q cw.P. l... PROPOSED WATER MAIN AND SANITARY SEWER IMPROVEMENTS � az A „ Kl� \ / % 12 PP3 24 —1 / i %4�410w- PAR I ..�.. .ll AOL ±C a* I • ^ABB S�L 4 w> -vu• __ - i HA.� __i Y-w.r,t LIR[ •� =� mar— r Y �• ✓� • y ALTERNATE LIFT STATION LOCATION LEGEND — EXIST. TRUNK SEWER PROPOSED TRUNK SEWER M EXIST. LIFT STATION ~ AND FORCE MAIN PROPOSED LIFT STATION Q� ~ AND FORCE MAIN polCl"bAg G—P, he CITY OF EAGAN C.P. NO. 732 OAK POND RD. STREET IMPROVEMENTS PROPOSED TRUNK SANITARY SEWER IMPROVEMENTS i >W'.%, fY.O .D �I c C -CC 18" ' L..[a'�D1yI Wonm 31 iL ALTERNATE LIFT STATION LOCATION LEGEND — EXIST. TRUNK SEWER PROPOSED TRUNK SEWER M EXIST. LIFT STATION ~ AND FORCE MAIN PROPOSED LIFT STATION Q� ~ AND FORCE MAIN polCl"bAg G—P, he CITY OF EAGAN C.P. NO. 732 OAK POND RD. STREET IMPROVEMENTS PROPOSED TRUNK SANITARY SEWER IMPROVEMENTS i x y^ l/ 'Fwaaw[_ Ips .no f' -x 0 2000' . rs - - .Ie uaaao ® I a.p r ]. _. . -. �fawl.a :. d .e •Yo 1 2 I rallMt �. ao .o u K�fiM(rv_-�LIE •e°�'-YMOd ��^ � Z►0 � � -a.i .a( aF•a og WAl !n1 �� �--+-�-• � _ - - flGk ypr F� µ i •pnaoc as aoao �"– - -off 1Y#• E d PROPOSED TRUNK ?•JJ t i �i WATER MAIN TA CONSTRUCTION •105 � .Si "ORI +.—.o.- a°° I — ® � C ,. I LEGEND EXIST. TRUNK WATERMAIN �— PROPOSED TRUNK WATERMAIN CITY OF EAGAN FIGURE ® C.P. NO. 732 OAK POND RD. STREET IMPROVEMENTS 6 c....uwc.aP.l.. PROPOSED TRUNK WATER MAIN IMPROVEMENTS Y'pwtRY nt.i6, I � I p I 7_. r7 nm/ C) r CLIFF ROAD (CO. RD. 32) _ 1 X LEGEND C 3C' Q. ASSESSMENT PARCEL CITY OF EAGAN ® C.P. NO. 732 OAK POND RD. STREET IMPROVEMENTS Cw.Ma$ Gmp. L t ASSESSMENT PARCELS / COD S� FIGURE 7 \1n "W. JY r. � 1 s • ♦ •a� • Qss s s r a • • • -r ^ NO VM IN -, • �. • •• C.a.a.M. y0 - a • n. . •NNr Ar C.a.A.M. NO. 32 (Curr ROM V I I 1 City of Eagan Existing On -Site Wastewater Disposal System Disposal Facility Building Footprint Water Parcel Lines OAK POND ROAD AND OAK POND CIRCLE STREET IMPROVEMENTS INFORMATION NEIGHBORHOOD MEETING THURSDAY, APRIL 23,1998,6:30 P.M. Attendance Tom Colbert, Russ Matthys, and Kurt Schlaegel — City of Eagan and Jim Dvorak — SRF Consultants. Approximately 18 people representing 10 properties. (See attached sign -in sheet.) City Engineer Russ Matthys welcomed the residents and introduced staff. He gave a brief synopsis regarding street life cycle, street maintenance program, the City's 5 -Year C1P, and the public improvemenL'assessment process. PCI for street is 18. Street condition is within reconstruction range. Street, sewer & water considered. The utilities are being considered to maximize the investment in the street. Prefer not to tear up new streets to install utilities in the near future. 1 i * , u u : ■ Jim Dvorak (SRF) reviewed project details. Scope of improvements, cost estimates, proposed assessments, schedule & construction details. Why work between ponds? Erosion — put pipe in to stop erosion and control flow between ponds. 2. Where is cost of lift station? I rusk sanitary sewer cost estimate. 3 Where is cost of "atermain on Cliff Road? Trunk water main cost estimate. 4. Staff asked if there were any well or septic problems? "No." 5 "Are you serious?" "1 am offended by this presentation." According to the Pavement Management Program that the City has incorporated, the streets within the neighborhood need to be reconstructed. Staff would be irresponsible to not consider utilities along with a new street. The report details the estimate of all of the potential costs for both the property owners and City Council to consider. 6. Would property values go up? Yes, according to the preliminary appraisals. /a� ?. Are my taxes going to go up, too? The benefit to the value of your property due to an improvement may affect your property taxes, but the county's valuation typically is not upgraded with an improvement. 8. What are the options that we have? From do nothing to do everything (street & utilities) and anything in between. 9. What were the maintenance procedures up to this point? We've see no maintenance. There appears to have been no street maintenance improvements completed for Oak Pond Road and Circle since they were constructed. The condition of the street may have been below the overlay criteria when the City initiated the Pavement Maintenance Program. 10. is there a separate breakdown of costs for the wetland improvements? The cost is included within the trunk storm sewer estimate and would be paid by the City. 11. Why not do Just the northeast portion of the neighborhood? The southwest portion of Oak Pond Road was reconstructed due to the construction of a storm sewer in this section of road. Although it appears to be in better condition than the rest of the road it is substandard and would be disturbed by any utility installations. 12. How much has been spent already on this project? Staffs time and the consultant's time to prepare and present the feasibility report. This work needs to be done in order to give property owners and Council adequate information to consider. 13. Doesn't some of my gas tax cover some of the cost? A portion of the gas taxes we all pay come back to the City for the purposes of street maintenance and construction. The State has established rules for the use of said money. Oak Pond Road and Circle do not meet the criteria to use said funding. 14 Is new storm sewer to dump into previously built storm sewer? The new storm sewer would first be discharged into Pond LP -34 for treatment purposes and then outlet through the existing storm sewer. 15. Does anyone have a cost estimate on actually hooking up the utilities to the house? Estimated costs for sen ice connections could be 51500 for sanitary sewer and $1500 for water. Trunk charges arc $860 for sanitary sewer, $895 water. SAC is $1100. WAC is $807. Water treatment charge is $444. 16. Are there additional costs to abandon old well and septic systems? You would need to contact Dakota County. If you abandon a well you may need to cap it. Otherwise disconnect from house and use to water lawn and wash car Septic tank may need to be broken and filled with sand. WWW 17 Isn't there a reasonable limit to bow much can be expected of the homeowner to pay? The basis of the appraisal is to justify the potential market value increase based upon the improvements. The City cannot assess more than the value of the improvements 18. If everybody says no this project, what will Council do to fix just the street? That is a question that should be posed to the Council. 19. Why all or nothing? Isn't there anything in between? Yes, there are options in between all or nothing. The report provides information to bring the neighborhood to the City's standard level of service. Consideration should be given by the City to making the most out of its investments with the improvements. 20 Do we have any opportunity to work with the City ahead of time before the Council meeting to come up with an alternate plan? The neighborhood can work together to discuss the desired options and prepare for the public heanng. Staff is available to assist and provide information, but the neighborhood needs to work with the City Council on any specific direction for improvements. 21. How about just an overlay to improve the street? The Cir: Council would have to approve that 22. Aren't we paying for the City's lack of maintenance, work in the past? Staff presented the portion of the property tax that actually goes to street maintenance. 23. Is it normal for a homeowner to have to "buy" a new road? The cost responsibilities are in accordance with the City's Assessment Policy, are based upon the type of improvement, and are used throughout the City. 24. Does State money go toward street improvements? On designated State Aid routes, which Oak Pond Road and Circle are not. 25 We bongbt in 1996. 1 called the City to check if improvements were planned. I was told no'' The streets within Oak Pond Addition were included as part of the 5 Year Capital Improvement Program in 1996. You should have been told yes. 26. Could you (the City) generate some cost projections on just an overlay? Yes 27. Can we stretch payments out longer? 20 - 30 years. The City Council would have to approve that. 126 28. if the appraiser says 54,500, can we do it for that? The appraiser recommends a value of the benefit of the improvements and the assessments are typically limitod to the benefit amount. The City Council would have to decide whether or not they felt the City should cover the remainder of the cost of the improvement. 131 NAME INFORMATIONAL MEETING OAK POND ROAD 85 OAK POND CIRCLE STREET IMPROVEMENTS THURSDAY, APRIL 23, 1998, 6:30 P.M. ADDRESS 6. C4 7. 8. f1'1//���2K a SQ5AYIapP,aS 9. f4r�OQ d-4ce..,E#j�L 12. 13. 14. 15. 16. 17. 1 B. 19. 20. H FORM&Sign-1m1y EllF�I 1� , ► 0 qsa-3 c0r-L4 end Ck, .g S'75-04« no,Ja deb Z)s vsa5Oct cr Cv� 455'51 i� re " Ss'Izti OAK POND RD & OAK POND CIRCLE (2i' Meeting) CITY PROJECT 732 INFORMATIONAL NEIGHBORHOOD MEETING TUESDAY, MAY 12, 1998 6:30 P.M. COMMUNITY ROOM Attendance: Russ Matthys, City Engineer; Jim Dvorak, SRF Consulting Engineers; and approximately 10 residents representing 5 properties. (See attached sign -in sheet.) 1. Welcome and Introduction City Engineer Matthys welcomed the residents. Consultant Dvorak presented details of the feasibility report. What is the difference between the construction cost for each lot and the appraised value? The construction costs, and the proposed assessments in the case of the Oak Pond Additions, are equal to the actual cost to construct the improvements and the associated engineering, administration, and financing fees. The appraised value represents the estimated benefit the improvements provide to the value of the property. 2. Questions regarding appraisals. 3. What if streets were constructed and the utilities were not constructed, would we still be assessed? The properties within Lakewood Hills and those properties with access to Cliff Road would not be assessed. 4. Construction cost comparison — Compare S years ago to today and estimate what could be expected 5 years from now. The cost of construction within this area has not kept up to the rate of inflation. It can be assumed that this would continue in the near future. 133 5. No one who was talked to in the neighborhood wants utilities. Can the City force us to have utilities constructed? The City Council typically supports the wishes of the majority of the neighborhood, although the Council also has the interest of the remainder of the City to consider. In the case of your neighborhood, utilities are not a concern for anyone outside of your neighborhood. 6. Is it a good idea to have one person represent neighborhood — how about take petition and present to Council? That is a great idea that the council really appreciates and respects. 7. Plans for Cliff Road? The County does not have any improvements east of Lexington Avenue proposed for Cliff Road within the next five years. Attachment: Sign -In Sheet 41J■MMISE MINLM-p I.M.Y 13y INFORMATIONAL MEETING OAK POND ROAD CITY PROJECT 732 TUESDAY, MAY 12,1998,6:30 P.M. 6. 7. 8. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. M FORMS/Signdn ADDRESS `Trr t f F_ el z -- Cf Ll /3S Agenda Information Memo May 19, 1998 1 WWA-ey.11311411 4 Wei Diem V 31 14 0 go 1 : :._ MIT ACTION TO BE CONSIDERED: To close the public hearing and approve/deny the vacation of public easements within Eagandale Center Industrial Park No. 9 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On April 10, 1998, City staff received a petition from Michele Foster representing Alscor Investors Joint Venture requesting the vacation of the drainage and utility easements along the common interior property line. • The developer is proposing a replat of this property as Eagandale Center Industrial Park No. 15. • The purpose of the vacation is to allow for the redevelopment of this property by removing underlying easements and avoiding future title problems. • Staff has reviewed the proposed plat of Eagandale Center Industrial Park No. 15 to ensure all necessary easements are dedicated with the final plat. • Public notice for the easement vacation was published in the City's legal newspaper. Additional notices were provided to public utility companies and others who may have an interest in the vacation. No objections to the vacation have been received prior to the preparation of this report. • This vacation request has been reviewed by the Engineering Division and found to be in order for favorable Council action subject to the concurrent recording of the plat of Eagandale Center Industrial Park No. 15. ATTACHMENTS: • Location Map, page/3- • Legal Description & Graphic, pageZR 1210 O v O moc D �co (D cnCD n m m Z V) M C) 0 0 JCO. RD. 31 1l�_ _ — SNELDS o m �q A m A v 1 i n �C P E Z m 0 a x j"4i i EAGANDALE 3lYd� �nl A BLVD LE%MGTON oc 71.N m EASEMENT VACATI❑N FOR: Q ALSO❑R J❑INT VENTURE (� Scale 1'=20' LONE OAK ROAD 10 FOOT DRAINAGE AND UTILITY EASEMEPi- I Lj 1 i Z 0 l/ Z P� x Li 5 FOOT FOR LOT 3. BLOCK 2 5 FOOT FOR LOT 2, BLOCK 2 CLUBVIEW DR. L-1 —1 S'-",6 EAGANDALE CENTER INDUSTRIAL PARK NO. 9 PROPOSED EASEMENT VACATION DESCRIPTION ------------------------------------- THAT PART OF THE DRAINAGE AND UTILITY EASEMENTS OVER LOTS 2 AND 3. BLOCK 2 AS DEDICATED IN EAGANDALE CENTER INDUSTRIAL PARK NO. 9. ACCORDING TO THE RECORDED PLAT THEREOF. DAKOTA COUNTY, MINNESOTA, DESCRIBED AS BEING THE WESTERLY 5 FEET OF SAID LOT 2 AND THE EASTERLY 5 FEET OF SAID LOT 3. Easement /34' Aeenda Information Memo May 19, 1995 Eagan City Council Meeting OLD BUSINESS A. Resolution authorizing the amendment of the Multifamily Housing Revenue Bonds (Thomas Lake Place Apartments Project), Series 1986, and authorizing the execution of various documents in connection therewith. Action To Be Considered: To approve or deny a resolution authorizing the amendment of the Multifamily Housing Revenue Bonds (Thomas Lake Place Apartments Project), Series 1986, and authorizing the execution of various documents in connection therewith. FACTS: • In August of 1986, the City authorized the issuance of $12,975,000 of multifamily housing revenue bonds for the construction of the Thomas Lake Apartments. The applicants are proposing to change the business terms of the financing by reducing the base interest rate on the bonds, eliminating the contingent interest rate on the bonds and extending the maturity on the bonds to 2028. These changes required a public hearing by the City, which was opened on March 17, 1998, continued to April 7, 1998, held, and then closed with no formal action. • The details of the transaction have now been worked out between the owner of the project and the bondholder and the final resolution can be considered by the City Council. • The City's bond counsel, Steve Rosholt of Faegre & Benson, is reviewing the documents on. behalf of the City. ATTACHMENTS: • A copy of the resolution is enclosed on pages through &-k- 13q CITY OF EAGAN, MINNESOTA RESOLUTION NO. 98 - RESOLUTION AUTHORIZING THE AMENDMENT OF THE MULTIFAMILY HOUSING REVENUE BONDS (THOMAS LAKE PLACE APARTMENTS PROJECT), SERIES 1986, AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION THEREWITH WHEREAS: In 1986, pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City of Eagan, Minnesota (the "Cin") issued its 512,975,000 Multifamily Housing Revenue Bonds (Thomas Lake Place Apartments Project) Series 1986 (the "Bonds"), to provide financing for the acquisition, construction and equipping of a 216 -unit multifamily housing development (the "Project") located at 1500, 1510, 1520, 1530 and 1540 Thomas Lake Pointe Road in the City of Eagan by Thomas Lake Housing Associates Limited Partnership, a Minnesota limited partnership (the "Partnership"). 2. The Bonds were purchased by Summit Tax Exempt Bond Fund L.P. which was subsequently merged into Charter Municipal Mortgage Acceptance Company (the 'Bondholder"). The Partnership and the Bondholder have now asked that the City facilitate the amendment of the Bonds and related documents, effective January 1, 1998, including amendments to do substantially the following, subject to such additional changes or modifications as are provided for herein: (a) Reflect the fact that the Bondholder is now Charter Municipal Mortgage Acceptance Company. (b) Extend the maturity date for the Bonds from August 1, 2006 to December 31, 2027. (c) Modify the interest rate structure of the Bonds as follows: (i) the fixed rate of Base Interest, which is absolutely due and payable, will be reduced from 8.5% to 7.5% per annum; Primary Contingent Interest, previously payable from 100% of Net Cash Flow or Net Sale or Refinancing Proceeds at the rate of .75% per annum, will be eliminated completely; (iii) Supplemental Contingent Interest at the rate of 6.75% per annum, previously payable from 25% of Net Cash Flow or Net Sale or Refinancing Proceeds, will be eliminated completely; and (iv) The amounts of the accrued and unpaid Base Interest together with accrued and unpaid Primary Deferred Interest will be specified and capped, and will be deferred without interest until the Project is sold or refinanced. (d) The first date on which the Bondholder may elect mandatory redemption of the Bonds will be extended to approximately January, 2010. The first date on which the Partnership may elect optional redemption, subject to certain prepayment penalties. will be extended to approximately January, 2002. There will be no penalty for prepayment after December 31, 2004. (e) Deposits into the Replacement Reserve Fund will be increased to $250 per unit per annum. (f) The default rate of interest will be 12% per annum rather than the floating rate currently provided in the documents. -2- M 121121971512ujc\dms,Rm1u6cm da 191 4. The continued operation and occupancy of the Project will conform to the terms and conditions of a Regulatory Agreement dated August 1, 1986 between the City, and the Partnership (the "Regulatory, Agreement'). 5. Forms of the following documents (the "Agreements") relating to the modification of the Bonds have been submitted for review to the City Attorney and to the City Council: (a) First Supplemental Resolution; (b) First Amendment to Loan Documents; (c) Restated Bond; and (d) Allonge to Promissory Note. 6. City staff has reviewed the request of the Partnership and the Bondholder that the City consent to the amendments described above, and without determining whether such amendments are advisable or necessary to the Partnership or the Bondholder, recommends approval. 7. A public hearing as required by Section 147(f) of the Internal Revenue Code on the proposal that the Bonds be modified as described herein was opened on March 17, 1998, continued to April 7, 1998 and concluded on such date. NOW, THEREFORE, it is hereby resolved by the City Council of the City of Eagan, Minnesota, as follows: A. The findings with respect to the Project, previously made by the City, in connection with the issuance of the Bonds, are hereby ratified and affirmed. B. The execution and delivery by the City of the "Agreements", and the performance of all covenants and agreements of the City contained in the Agreements, and of all -I- M:112712\971512'u jc\doci Rewl ution doc / other acts and things required under the constitution and laws of the State of Minnesota to make the Agreements valid and binding obligations of the City in accordance with their terms, are authorized by the Act, and are hereby authorized and approved. C. The Loan repayments are fixed to produce revenues sufficient to provide for the prompt payment of the principal of, premium, if any, and interest on the Bonds when due, and the Loan Agreement and Mortgage, as amended, also provide that the Partnership is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project and payable during the term of the Agreements. D. The Bonds shall not be pa}able from or a charge upon any funds other than the revenues pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premium, if any, thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreement which has been assigned to the Trustee under the Bond Resolution; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Bond Resolution; the Bonds, as amended, shall continue to recite that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof, and that the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. No M.\1271I\971517kjOdma Rewlutlon d« /�13 E. The City shall proceed forthwith to amend the Bonds as provided herein and in the Agreements. In that regard, and subject to the approval of the City Attorney, Bond Counsel, and the provisions of paragraph G of this Resolution, the forms of the Agreements and the exhibits thereto are approved substantially in the forms submitted. The Agreements, in substantially the forms submitted, are directed to be executed in the name of and on behalf of the City by its Mayor and by the City Clerk. The Bonds, as amended, are hereby authorized and directed to be executed in the name of and on behalf of the City by the Mayor and City Clerk, and are directed to be delivered to the Trustee for authentication and delivery to the Bondholder. In addition, any other documents and certificates necessary to the transactions described above shall be executed by the appropriate City officers. Copies of all of the documents necessary to the transactions herein described shall be delivered, filed and recorded as provided herein and in the Agreements. F. The Mayor and City Clerk and other officers of the City are authorized and directed to prepare and fiunish to the Bondholder certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the amendment of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. G. The approval hereby given to the Agreements and the Bonds includes approval of (i) such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel, the City Attorney, the appropriate City staff person -5- M:1127121971312kjc\docs\Rc$olution.doc / or by the officers authorized herein to execute said documents prior to their execution, and (ii) such additional documents, agreements or certificates as may be necessary and appropriate in connection with the Agreements and with the amendment of the Bonds, and approved by Bond Counsel, the City Attorney, appropriate City staff person or by the officers authorized herein to execute said documents; and said City Attorney- and City officials are hereby authorized to approve said changes or additional documents on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms thereof. In the event of the absence or disability of the officers, any of the documents authorized by this Resolution to be executed may be executed without further act or authorization of the City Council by any member of the City Council or any duly designated acting official, or by such other officer or officers of the City Council as, in the opinion of the City Attorney, may act in their behalf. H. It is understood and agreed that the Partnership shall pay all costs and expenses of the City arising in connection with the amendment of the Bonds (including attorney's fees and expenses paid or incurred by the City) and indemnify the City against all liabilities, losses, damages, costs and expenses (including attorney's fees and expenses incurred by the City) arising with respect to the Project, the Bonds, or the Agreements approved herein, all as provided for and agreed to by and between the Partnership and the City in the Loan Agreement. Capitalized terms used but not defined herein shall have the meanings given them in the Agreements. -6- M X 12712\911312kjc4bcsVAm1uum cld �� Adopted by the City Council on May 19, 1998 APPROVED: Mayor ATTEST: City Clerk -7- MAI 6 Agenda Information Memo May 19, 1998 Eagan City Council B. EAGAN PROMENADE - CLARIFICATION OF SIGN GUIDELINES ACTION TO BE CONSIDERED: > Clarification of Signage Guidelines for Eagan Promenade. FACTS: > The Eagan Promenade Signage Guidelines state: "Signage will be limited to individual back- lit channel block letters. No can or panel wall signs or exposed neon signs shall be permitted." Staff is requesting Council clarification of whether this provision was intended so that neon would not be visually exposed or physically exposed. > Typically, backlit channel letters are individual letters affixed to the building, the source of illumination is neon tubes, and a translucent plexiglass panel is illuminated from behind by the neon tubes. In Quizno's case, the plexiglass panel is clear rather than translucent and consequently, the neon tubes are exposed to view. The owner has indicated that this is a franchise sign design. > Staff applied the "no exposed neon" provision with the intent of maintaining consistency and compatibility among the signs within the Eagan Promenade development. In staffs estimation, the Quizno's sign with the neon lights directly visible is inconsistent with the other signage throughout the development, even though the letters are physically covered by a clear panel. The developer (Opus) argues that the provision was included in the signage guidelines to prevent neon building accents or signs where the neon is physically exposed and not just visually exposed. ISSUES: > The Quizno's sign was installed without a sign permit being issued by the City. > If the Council's determination is that visibly exposed neon is inconsistent with the signage guidelines, then the Council will also need to decide whether to make an exception for the Quizno's sign to remain as is. If an exception is granted, a sign permit will need to be obtained by Quizno's. ATTACHMENTS: Staff Memo, page ZYJ—/ Z/ 9 Letter from Jay Scott of Opus dated January 2, 1997 — par Letters from the City dated April 15, 1998 and February 1998- �tS �y� city of eagan To: Tom Hedges, City Administrator Mayor and City Council From: Pamela Dudziak, Associate Planner Date: May 15, 1998 Re: Clarification of Eagan Promenade Signage Guidelines BACKGROUND MEMO In January of this year, it came to our attention that Quizno's restaurant had their business sign installed at the community retail center in the Eagan Promenade. The sign was installed without a permit and it appeared that the sign did not meet the signage guidelines with respect to "exposed neon." Staff contacted the representative from Opus who in tum contacted the business owner with regard to both the neon and the lack of a permit. Shortly thereafter, we received the sign permit application from the sign contractor, but the permit fee has not yet been paid and consequently, the permit still has not been issued. With regard to the neon, after discussing the issue with the owner and the developer, it is apparent that there is a difference of interpretation as to the intent of the "no exposed neon" provision. Prior to scheduling this item on the Council agenda, we contacted the business owner twice in writing, with copies to Opus, encouraging them to prepare a written explanation for the Council's consideration, but we did not receive a response. In an effort to resolve the issue, staff is proceeding with this request for clarification without written input from the business owner and developer. SIGNAGE GUIDELINES The Eagan Promenade Signage Guidelines state: "Signage will be limited to individual back -lit channel block letters. No can or panel wall signs or exposed neon signs shall be permitted." Staff has applied the Signage Guidelines with the intent of maintaining consistency and compatibility among the signage within the Promenade development. The Council has been asked to clarify the use of neon within the Promenade before. When the Don Pablo's restaurant was being reviewed for Final Planned Development approval in January of 1997, the Council was asked to clarify the architectural standards with regard to the use of neon lighting. At that time, Opus proposed and the Council approved that neon lighting may be used on exterior elevations of the commercial buildings provided it was intended as accent lighting and not signage and that neon lighting did not blink or move. (See attached letter from Opus dated January 2, 1996.) ISSUE Typically, backlit channel letters are individual letters affixed to the building, the source of illumination is neon tubes, and a translucent plexiglass panel is illuminated from behind. In Quizno's case, the plexiglass panel is clear rather than translucent and consequently, the neon tubes are exposed to view. The owner has indicated that this is a franchise sign design. Both the developer and the business owner argue that the neon on the sign is not exposed since the channel letters are covered by plexiglass. However, since the plexiglass cover is clear rather than translucent, the neon is visually exposed even though it is not physically exposed. Itis this distinction between visually exposed and physically exposed neon as it relates to signage that the Council is asked to clarify in this case. ACTION TO BE CONSIDERED The Council is asked to consider the different interpretations with regard to the "exposed neon" provision of the Signage Guidelines and clarify the intent of this provision. Specifically, the Council is asked to clarify whether neon signage that is not physically exposed, but is visually exposed is acceptable. If the Council determines that visually exposed neon is not consistent with the intent of the Signage Guidelines, then the Council must also determine whether to make an exception for Quizno's to allow the existing sign to remain as is. /10 Opus Fimpt1w LLLL ,. Opus Cents, Madknq .aaess opus. 99OC yen Read East FC gas 59110 Mkmet"a. Mmnemu 55747 %00 Mnneapahs Minte$Ota 55459-0110 61.936.4600 Fu 612 9O6.45,9 i -i97 January 2. 499T Ms. Julie Farnham Citv of Eagan 3830 Pilot7Knob Road Eagan, MN 55122-1897 Dear Julie: Please accept this letter as our request to amend the existing architectural guidelines for the Eagan Promenade development. Specifically, since the issue of neon lighting is not addressed by the existing guidelines, we would suggest that the following be considered for incorporation into the existing architectural guidelines for this development. Architectural Design Guidelines Eagan Promenade Amended to include the following: Paum •M M two lb's a* ILI14EN an I am-WIKOILWO ILOJI RMTON 4n •e . s• Neon lighting or. exterior elevations of in-line retail, community retail and oudot parcels may be used provided it meets the following guidelines: All neon shall be used for emphasis of architectural features of the building. No billboard or other signage emphasis will be allowed. The use of neon on the building exterior will be limited to a stationary lighting system only ( i.e. no blinking or moving neon lights). Quantity shall be determined as the minimum that is considered appropriate for the architectural effect desired. The neon color and design shall be reviewed and approved by the developer and the City of Eagan. Julie, once you have had the opportunity to review these guidelines, please feel free to call me with any questions. Sincerely, Jay M. Scott Director Real Estate Development JMS:bab iso Opus NWINWst LLC -e W aMauu of N Opus 7019 of Corru=ws. yn.wry-.s Cnaago. Caump..s. Oauas, Oenver. Ft la.de.paIO Mw JQCI�s. O.unoo Pe owa Fttom,. S4namento, San F,a , co SeartK. Tampa Wavungton 0 C city of eagan Re: Sign Dear Mr. Heimerl: In mid-February, I sent you a letter regarding your sign. As we have previously discussed, the main issue with the sign is the provision in the Eagan Promenade Sign Agreement regarding neon. Additionally, a sign permit is still required because the permit application submitted by Eagle Sign Company was incomplete. My letter to you dated February 18, 1998, asked that you provide a letter for consideration by the City Council to determine whether the existing sign is compatible with the provisions in the Eagan Promenade Sign Agreement. It was my understanding that you and Dan Queenan of Opus were jointly preparing the letter. However, it has been two months and I have not heard anything further from you or Opus. In an effort to resolve this matter, we will proceed independently to the City Council with a request for clarification. Therefore, this item will be scheduled for the .May 19. 1998 City Council meeting. If you have any information you wish the Council to consider, please submit it to me by �1, av 12th and it will be included in their packet. If you have any questions, please call me at 681-4691. Sincerely, I, Pamela Dudziak Associate Planner cc Dan Queenan. Opus e /J MUNICIPAL CENTER TME LONE OAR TREE MAINTENANCE FACILITY 3910 P"OT tNQB IXAG THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNI! t =501 COACHvtA" r.' -, EAGAN kONNESOTA 55122 I897 EAGAN. hMt0JESCTA •- 7HC.#* (6I:).%! sn00 PHONE (612)681.47Cr. FAX 1612)66. 4 ;2 Equal Opportun,Pi Emplovef FAX (612)621.4760 TGG (012)454 est, TGo (612)454-9535 THOMAS E GAN movv April 15, 199S PATRICIA AWADA BEA BLOMOUIST SANDRA A. MASIN Chris Heimerl, Manager TCHmdv4ft.001DORE TER QUIZNO'S Promenade Shoppes THOMASEs oA HEWml 3344 Promenade Avenue Eagan, MN 55122 E. J. VAN OVERSEKE CM Clark Re: Sign Dear Mr. Heimerl: In mid-February, I sent you a letter regarding your sign. As we have previously discussed, the main issue with the sign is the provision in the Eagan Promenade Sign Agreement regarding neon. Additionally, a sign permit is still required because the permit application submitted by Eagle Sign Company was incomplete. My letter to you dated February 18, 1998, asked that you provide a letter for consideration by the City Council to determine whether the existing sign is compatible with the provisions in the Eagan Promenade Sign Agreement. It was my understanding that you and Dan Queenan of Opus were jointly preparing the letter. However, it has been two months and I have not heard anything further from you or Opus. In an effort to resolve this matter, we will proceed independently to the City Council with a request for clarification. Therefore, this item will be scheduled for the .May 19. 1998 City Council meeting. If you have any information you wish the Council to consider, please submit it to me by �1, av 12th and it will be included in their packet. If you have any questions, please call me at 681-4691. Sincerely, I, Pamela Dudziak Associate Planner cc Dan Queenan. Opus e /J MUNICIPAL CENTER TME LONE OAR TREE MAINTENANCE FACILITY 3910 P"OT tNQB IXAG THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNI! t =501 COACHvtA" r.' -, EAGAN kONNESOTA 55122 I897 EAGAN. hMt0JESCTA •- 7HC.#* (6I:).%! sn00 PHONE (612)681.47Cr. FAX 1612)66. 4 ;2 Equal Opportun,Pi Emplovef FAX (612)621.4760 TGG (012)454 est, TGo (612)454-9535 city of cagan Dear Mr. Hetmerl: I am wasting this letter as a follow up to the conversations I have had with you and with Dan Queenan of Opus regarding Quizno's sign. As we have discussed, a sign permit was not obtained prior to the installation of the Quizno's sign. Also, the sign is inconsistent with the Sign Agreement for Eagan Promenade, which states "No ... exposed neon signs shall be permitted." After contacting Dan Queenan and you about the sign permit, Eagle Sign Co. submitted a sign permit application, but the 597.50 permit fee has not yet been paid so the application is incomplete. Regarding the appearance of the sign, when we spoke in January, you disagreed with City staffs interpretation of the Sign Agreement provision on neon. I explained that you could appeal to the City Council for an exception to that provision and asked you to submit a letter explaining your request and the reasons for it. That was in early January. By early February, 1 had not received such a letter from you. When we spoke in early February, you indicated that you and Opus would submit a joint letter. I explained that in order for your request to be placed on the February 17" Ctry Council agenda, we would need to receive your letter by February 10". However. I still have not received such a letter. At this time there are three options. 1) Submit the letter for consideration by the City Council to allow the sign to remain as it is. 2) Modify the sign so that the neon tubes are not visibly exposed. 3) Remove the sign. If the Council approves the sign to remain as it is, or if the sign is modified, a sign permit is still required. If you would like the City Council to consider your request, please submit a letter within the next two weeks so that we can schedule this item on the Council agenda. I hope we can resolve this issue in a timely manner. Please call me at 681-4691 if you have any questions. Sincerely. Pamela Dudziak Associate Planner cc: Dan Queenan. Opus MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY THE ;YMBOL OF STPU IGTH AND r.*OWTH IN OUR COMM11( Orr . ; ;�.I .p .,t E+ -• r✓ . Z' r,, }J. P� E.ji" DFiprrt%jnl P,/Atirtrnairve Aehon ErnplgY�-r r, MC 161-');l aa ' THOMAS EGAN At7v s February 18, 1998 PATRICIA AwADA BEA BLONIOUIST Chris Heimerl, Manager SANDRA A MASIN QUIZNO'S THEODORE WACHTER Counc,I Me Im n Promenade Shopper 3344 Promenade Avenue THOMAS HEDGES C;tY AOmm4'MrC, Eagan, MN 55122 E J VAN OVERBEKE Re: Sign CM Cwv Dear Mr. Hetmerl: I am wasting this letter as a follow up to the conversations I have had with you and with Dan Queenan of Opus regarding Quizno's sign. As we have discussed, a sign permit was not obtained prior to the installation of the Quizno's sign. Also, the sign is inconsistent with the Sign Agreement for Eagan Promenade, which states "No ... exposed neon signs shall be permitted." After contacting Dan Queenan and you about the sign permit, Eagle Sign Co. submitted a sign permit application, but the 597.50 permit fee has not yet been paid so the application is incomplete. Regarding the appearance of the sign, when we spoke in January, you disagreed with City staffs interpretation of the Sign Agreement provision on neon. I explained that you could appeal to the City Council for an exception to that provision and asked you to submit a letter explaining your request and the reasons for it. That was in early January. By early February, 1 had not received such a letter from you. When we spoke in early February, you indicated that you and Opus would submit a joint letter. I explained that in order for your request to be placed on the February 17" Ctry Council agenda, we would need to receive your letter by February 10". However. I still have not received such a letter. At this time there are three options. 1) Submit the letter for consideration by the City Council to allow the sign to remain as it is. 2) Modify the sign so that the neon tubes are not visibly exposed. 3) Remove the sign. If the Council approves the sign to remain as it is, or if the sign is modified, a sign permit is still required. If you would like the City Council to consider your request, please submit a letter within the next two weeks so that we can schedule this item on the Council agenda. I hope we can resolve this issue in a timely manner. Please call me at 681-4691 if you have any questions. Sincerely. Pamela Dudziak Associate Planner cc: Dan Queenan. Opus MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY THE ;YMBOL OF STPU IGTH AND r.*OWTH IN OUR COMM11( Orr . ; ;�.I .p .,t E+ -• r✓ . Z' r,, }J. P� E.ji" DFiprrt%jnl P,/Atirtrnairve Aehon ErnplgY�-r r, MC 161-');l aa ' Agenda Information Memo May 19, 1998 Eagan City Council Meeting C. CLARIFICATION ON PREVIOUS ACTION REGARDING ODD/EVEN YEAR ELECTION ACTION TO BE CONSIDERED: To provide clarification on previous action regarding odd/even year election. FACTS: • At the special meeting on February 24, 1998, and at the regular meeting on March 2, 1998, the City Council discussed the merits of changing the City's elections from even to odd years. • At the March 2, 1998 regular meeting, staff and the City Attorney's office were directed to prepare an ordinance which would switch the election year. • At the March 17, 1998 regular meeting, two ordinances were approved regarding elections. The first ordinance changed the election year to odd years for Eagan. The second ordinance provided for the transition from even to odd year elections. Both ordinances were published on March 26, 1998 and are the action of record. • In a faxed letter dated April 27, 1998 from Peggy Carlson, the Mayor and City Councilmembers were asked to place the issue of a November referendum on the election year question on the next Council agenda for consideration. • The City Administrator responded in a letter dated May 5, 1998 and provided copies of the complete record on the issue. The letter asked for a response if there was still a desire for the issue to be placed on the City Council agenda. • Given an affirmative response, the item was placed on the agenda and published for the May 19, 1998 City Council meeting. • At the agenda review meeting on Tuesday, May 12, the City Attorney questioned the City's legal authority to hold an advisory election on this issue and, as a result of that direction, was asked by the City Administrator to research the question. • The City Attomey has completed the research and concluded that the City cannot conduct an advisory election on this issue. The statutes provide that an election can be held resulting from an appropriate petition or in the alternative, the City may reconsider its action. • Given the legal opinion, it appears that no other action needs to be taken at this time. ATTACHMENTS: • Peggy Carlson's letter enclosed on page 1115,11. • City Attorney Sheldon's legal opinion on page 153 FROM : PrC E mo. : May. 20 1997 ei:51Pt1 R1 April 27, 1998 Dear Mayor Egan and Council members; We are requesting to be placed on the next council agenda so that we may formally, request that the issue of odd or even yew elections be placed on the ballot this November 3rd We understand that the council has voted on the issue, favoring odd year (3.2), yet feel the citizens of Eagan should be given the opportunity to decide on when they would prefer to elect our local officialg. This is not a request to debate the odd or even election year issue. It is a request to have the council specifically address the issue of placing this item on the ballot for the people of Eagan to vote on. Thank you for your time and consideration. Respectfully. pew C son 3434 Hwy, 55 Fagan, MN 55121 686-9762 /sy 5c17 BY 5-14-98 : 16:18 : SEVERSON MELDOR- 612 681 4612:9 2/ 2 MEMORANDUM TO: Tom Hedges, City .Administrator FROM: Jim Sheldon, City Attorney DATE May 14, 1998 RE: Advisory Elections At the agenda/staff meeting on May 12, 1998, you indicated that a citizen requested that the City hold an election on the issue of the change to odd year elections. I was concerned that the City may not have authority to hold an election on that issue since special elections are permitted only under special circumstances. Minn. Stat. 9205.07 provides that, if wi appTgpriate petition is filed an ordinance changing the year of the municipal election is not effeclivc until it is approved by a majority of the voters voting on the question at a general or special election held at least 60 days after the submission of the petition. In the alternative, the City may reconsider its action. Under Minn. Stat. §205.07, there are two requirements for an election concerning the change to odd -year elections: (1) the City must pass an ordinance; and (2) the appropriate petition must be filed. While the ordinance has been passed, no petition has been filed so far as we lmow. I have informally discussed this matter with both the League of Minnesota Cities general counsel and the Attorney General's office. Neither office disagrees with this opinion. If you have any questions, please feel free to contact me. JFSlwkt /ss Agenda Information Memo May 19, 1998 Eagan City Council VIII. NEW BUSINESS A. FINAL PLANNED DEVELOPMENT (EAGANDALE CENTER INDUSTRIAL PARK NO. 15)- OPUS NORTHWEST L.L.C. ACTION TO BE CONSIDERED: > To approve a Final Planned Development to allow construction of a one-story 58,300 square foot office/showroom building on 6.36 acres at the northwest corner of Lexington Avenue and Clubview Drive in the NT 1/4 of Section 10, legally described as Lots 2 and 3, Block 2, Eagandale Center Industrial Park No. 9. > To approve a Final Plat (Eagandale Center Industrial Park No. 15) replatting Lots 2 and 3, Block 2, Eagandale Center Industrial Park No. 9 as a single lot (Lot 1, Block 1, Eagandale Center Industrial Park No. 15). FACTS: > The Preliminary Planned Development for this property was approved in 1988 and called for two buildings in office or office/industrial use on this site. The applicant proposes a single building consisting of 58,300 sq. ft. of office/showroom. > The Advisory Planning Commission held a public hearing on April 28, 1998 for site plan review of the Final Planned Development and did recommend approval, subject to the conditions in the APC minutes. > Also before the City Council is the Final Plat which replats the property into a single lot (Lot 1, Block 1, Eagandale Center Industrial Park No. 15) as conditioned in the Final Planned Development approval. ISSUES: > Although a public hearing is not typically conducted for a Final Planned Development, this plan was reviewed by the APC because the site layout differed from the Preliminary Planned Development, although the proposed office/showroom use is consistent. Council approval of the Final Planned Development will result in the preparation of a Final Planned Development Agreement. > Since this site was previously assessed for trails that were installed along the county roads, a trail dedication will not be required. ATTACHMENTS: April 28, 1998 APC Minutes, pages through Staff Report, pages "'through Page 12 (' April 28, 1998 ADVISORY PLANNING COMNUSSION - FINAL PLANNED DEVELOPMENT & FINAL PLAT OPUS NORTHWEST LLC Commission Chair Heyl opened the next public hearing of the evening regarding a Final Planned Development to construct a one-story 58,300 square foot office/showroom building on 6.36 acres southwest of Lexington Avenue and Lone Oak Road, legally described as Lots 2 and 3, Block 2, Eagandale Center Industrial Park No. 9. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City stabs planning report dated April 21, 1998. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. Michelle Foster, the applicant's representative, stated that the applicant agrees with the City's recommended conditions with the exception of the trail dedication. No persons from the public were present for comment and Chair Heyl closed the public hearing. Member Segal moved, Member Bakken seconded, a motion to recommend approval of a Final Planned Development to construct a one-story 58,300 square foot office/showroom building on 6.36 acres southwest of Lexington Avenue and Lone Oak Road, legally described as Lots 2 and 3, Block 2, Eagandale Center Industrial Park No. 9, subject to the following conditions: 1. A final Planned Development Agreement shall be executed and recorded with the plat. The Agreement shall include the following exhibits: Final Site Plan Final Building Elevations Final Landscape Plan Final Site Lighting Plan 2. The property shall be replatted as one lot. 3. The common lot line easement between Lots 2 and 3, Block 2 Eagandale Center Industrial Park No. 9 shall be vacated prior to the re -platting of the property. 4. All storage of trash and recyclables shall be within the principal building. `^ 2 Page 13 Apn128,1998 ADVISORY PLANNING COhMSSION 5. The developer shall insure that the building plans, materials and construction of the office portion of the building improvements are such that the} will provide an interior sound level of 50 dBA as compared with a noise level of 70 DNL. 6. Setbacks shall be as shown on the Site Plan dated March 18, 1998, last revised March 31, 1998. 7. Visibility of all rooftop equipment shall be minimized from adjacent properties and public rights-of-way through placement, screening and/or painting to match the building. 8. All signage shall satisfy City Sign Code requirements. 9. Additional overstory trees and shrubs should be added the west side of the property to achieve 75% screening of the parking lot. On the north side of the property, the landscaping should be coordinated with that on the adjacent parcel to provide complementary landscape elements. All voted in favor. 15-F PLANNING REPORT CITY OF EAGAN REPORT DATE: April 21, 1998 APPLICANT: Opus Northwest, L.L.C. PROPERTY OWNER: Opus Northwest, L.L.C. REQUEST: Final Planned Development LOCATION: Clubview Drive and Lexington Avenue COMPREHENSIVE PLAN: IND, Limited lndustnal ZONING: PD, Planned Development 0141L/J20141LIJ 2.4/ CASE: 10 -FD -02-03-98 HEARING DATE: April 28, 1998 PREPARED BY: Pamela Dudziak Opus Northwest, L.L.C. is requesting approval of a site plan for Final Planned Development to construct a one-story 58,300 square foot office showToom building on 6.36 acres southwest of Lexington Avenue and Lone Oak Road, legally described as Lots 2 and 3, Block 2, Eagandale Center Industrial Park No. 9. ►1e WO 011_ / -Li Chapter 11.20, Subd. 8, B., Determination, states: "In considering an), petition for such district, the Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision, shall determine whether or not such planned development will: (1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; (2) be feasible for the owner and developer economically to complete according to proposed plans; (3) benefit the community at large to a greater degree than would development of the underlying zoning district." f VC1111a Il: /' In 1988, a Planned Development was approved for this property which provided for two buildings. The building on the easterly lot was identified for office, and the westerly lot was approved for office or office'industrial uses. The plans submitted consolidate the two lots and 1.5 q Planning Report - Opus Northwest, L.L.C. April 21, 1998 propose a single building consisting of office/showroom use. The applicant anticipates a ratio of over 70% office space. The property is also being replatted as a single lot (Lot 1, Block 1, Eagandale Center Industrial Park No. 15). EXISTING CONDITIONS The site is 6.36 acres in size and has been previously graded. Consequently, there is little significant vegetation. There is an existing storm drainage pond in the southeast comer of the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Vacant (Microtel hotel and restaurant approved), zoned PD, Planned Development; guided rN-D, Limited Industrial South - Retail post office and USPS bulk mail; zoned I-1, Limited Industrial; guided IND Limited Industrial East - Office/warehouse (Lexington Commerce Center); zoned 1-1, Limited Industrial: guided IND Limited Industrial West - Homestead Village hotel and vacant; zoned PD, Planned Development; guided IND Limited Industrial EVALUATION OF REOUEST Site - The building is located in the south and east portion of the site, with the parking to the west. Access would be gained from Clubview Drive and Denmark Avenue. There is an existing drainage pond on the southeast comer of the development site that will remain undisturbed. The applicant has indicated that all trash and recyclables will be stored inside the building. There are two loading docks, one at each end of the building. Compatibility with Surroundine Area - The proposed use appears to be compatible with surrounding development consisting of commercial (hotels and restaurant approved but not yet built) and industrial uses (office/warehouse and post office). The proposed office1showToom is consistent with the industrial land use designation for this site. With the high proportion of office space, it also appears to present a compatible transition. Aj=ort Noise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. With the State's decision to expand the airport at its current location, the Metropolitan Council has adopted a revised Aviation Chapter that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in northern Eagan place the subject property within Noise Zone III and IV. /60 Planning Report - Opus Northwest, L.L.C. April 21, 1998 In Noise Zone IV, both office and industrial uses are consistent. In Noise Zone III, an industrial use would be consistent and an office use would be provisional, meaning that it must comply with certain structural performance standards to be acceptable according to MS 473-192. In particular, the building plans, materials and construction should be such that they will insure an interior sound level of 50 dBA as compared with the noise level at the inner boundary of the noise zone, in this case 70 DNL. While the subject property lies across the boundary between two zoned, it would be unreasonable to apply conditions to only part of the building. Therefore, the standards for Noise Zone III shall apply to the entire building. Setback - Typical I-1 or BP zoning standards that would be applied to this use require building setbacks of 40 feet from a public street, 50 feet from the right of way of a major thoroughfare (Lexington Avenue), and 20 feet from the north side lot line. Parking setbacks should be a minimum of 20 feet from a public right-of-way and 5 feet from adjacent lots. Except for the northeast comer of the building, the proposed development either meets or exceeds these typical setback requirements. Because Dakota County has a 15 -foot roadway easement along the east side of this site to complete a 75 -foot half right -o6 -way for Lexington Avenue, the building setback is measured from the right-of-way easement rather than the property line. Consequently, although the building is 50 feet from the east property line, the northeast comer is only 35 feet from the Lexington Avenue roadway easement, which deviates from typical code requirements. However, only a small portion of the building is less than 50 feet from the roadway easement, and since Lexington Avenue was recently reconstructed, it is unlikely that the road will be expanded further into this easement in the near future. The proposed 35 foot setback for development is consistent with that recently approved for the hotel on the adjacent lot to the north. Building Architecture - The building materials consist of red brick, gray rockface block accents. and glass. The one story building is 20 feet in height. The building elevations do not show rooftop equipment, but the applicant has indicated there will be rooftop equipment. Opus addresses the rooftop equipment screening in the attached letter, and contends that the best aesthetic treatment of rooftop equipment is by painting it to match the building and by locating it toward the center of the building. The applicant has submitted photo examples of both types, and the photos will be available at the APC meeting. Signage - A monument sign is proposed at the driveway entrance on Denmark Avenue. The proposed monument sign utilizes the same materials as the building. Opus has indicated that the there will be tenant signage above the tenant entries, and possibly on the building elevation facing Lexington Avenue if there is a single user. All signage should satisfy minimum City Sign Code requirements. Parking - City Code requires one parking stall for each 150 square feet of net leaseable office area (net leaseable area is calculated at 80% of the gross office area). For the warehouse use, City Code requires one stall for each 400 square feet of the first 6,000 square feet of warehouse space, plus one stall for each additional 1,000 square feet of warehouse space. Applying these calculations to the proposed 43,000 square feet of office space and 15,300 square feet of /6/ Planning Report - Opus Northwest, L.L.C. April 21, 1998 Paee 4 warehouse space, a minimum of 254 parking stalls are required. The site plan shows 275 are being provided, with an additional 7 handicapped accessible stalls. Most of the parking stalls are nine feet wide, although the stalls immediately adjacent to the building are 10 feet wide. The applicant has indicated that the stalls closest to the building would be the visitor/customer stalls and have higher turnover than employee parking. The applicant believes that nine foot stalls are sufficient for general employee parking and that these narrower stalls allow the amount of parking to be maximized to accommodate heavier office use within the building, if the tenants should need it. Landscaping - The preliminary landscape plan appears acceptable with minor modifications. Additional overstory trees and shrubs should be added to the west side of the property to achieve 75% screening of the parking lot. On the north side of the property, the landscaping should be coordinated with the landscaping of the adjacent parcel to provide complementary landscape elements. Lighting - Site lighting is proposed through freestanding light poles and building mounted fixtures. The light standards are proposed to be 30 feet tall, with single and double shoebox fixtures. Photometrics show light levels are less than one footcandle at the property lines, except at the driveway accesses where levels are higher. Grading - The preliminary grading plan is acceptable. The existing site generally slopes from northwest to southeast and is open. Elevations range from 896 in the northwest to 867 in the southeast comer of the site near the existing pond. The first floor elevation of the proposed building will be approximately 13 feet in elevation above Lexington Avenue and 5 to 6 feet above Clubview Drive. The developer is proposing to grade the entire site, with the exception of the pond area, in preparation for the building and parking lot construction. _Water Oualitv/VI'etlands - The site is located in drainage basin D and will generate runoff that will eventually reach LeMav Lake, one of seven Class I recreational lakes identified in the City's water quality management plan. Runoff from the site will be discharged first to Pond DP -3.3 in the southeast comer of the site, which has sufficient wet volume to adequately treat this runoff. There are no jurisdictional wetlands on the parcel. Storm Drainage - The preliminary storm drainage plan is acceptable. The developer is proposing to construct a private storm sewer system within the site to drain to Pond DP -3.3 in the southeast comer of the site. Utilities - The preliminary utility plan is acceptable. Sanitary sewer is available in the southeast comer of the development. A water main stub is available for connection along the west edge of the site. Streets'Access'Circulation: Public street access is proposed from an existing driveway entrance onto Denmark Avenue to the west and a new driveway entrance onto Clubview Drive to the south. Restricted road access was dedicated to Dakota County Lexington Avenue (County Road /10 Planning Report - Opus Northwest, L.L.C. April 21, 1998 43) when Eagandale Center Industrial Park No. 9 was platted and therefore, no street access is proposed along the east edge of the site. Easements 'Permits Rj2ht-of-Wav: The developer has petitioned for the vacation of the common lot line easement between Lots 2 and 3, Block 2 of Eagandale Center Industrial Park No. 9. With the combination of these two lots, the easement is no longer needed and should, therefore, be vacated prior to the re -platting of the property. Tree Preservation - The property has been previously graded and there is little significant vegetation. The existing vegetation near the pond will remain undisturbed. Parks and Recreation - Parks and trails dedications should be fulfilled through a cash dedication. SUNINIARY/CONCLUSION Opus Northwest is requesting site plan approval for a Final Planned Development to construct a one-story 58,300 square foot office'showroom building at the northwest corner of Lexington Avenue and Clubview Drive. The Preliminary Planned Development called for two lots to be developed with office or office industrial uses. The proposed office'showroom use is consistent. but the site plan is different and consolidates the two existing lots into a single lot. The applicant plans to replat the property and vacate existing easements. ACTION TO BE CONSIDERED To recommend approval or denial of the site plan for a Final Planned Development for a 58,300 square foot office'showroom building on 6.36 acres on proposed Lot 1, Block 1, Eagandale Center Industrial Park No. 15. 1. A final Planned Development Agreement shall be executed and recorded with the plat. The Agreement shall include the following exhibits: Final Site Plan Final Building Elevations Final Landscape Plan Final Site Lighting Plan 2. The property shall be replatted as one lot. 3. The common lot line easement between Lots 2 and 3, Block 2 Eagandale Center Industrial Park No. 9 shall be vacated prior to the re -platting of the property. 4. All storage of trash and recyclables shall be within the principal building. 5. The developer shall insure that the building plans, materials and construction of the office portion of the building improvements are such that they will provide an interior sound level of 50 dBA as compared with a noise level of 70 DNL. /613 Planning Report - Opus Northwest, L.L.C. April 21, 1998 6. Setbacks shall be as shown on the Site Plan dated March 18, 1998, last revised March 31, 1998. 7. Visibility of all rooftop equipment shall be minimized from adjacent properties and public rights-of-way through placement, screening and'or painting to match the building. 8. All signage shall satisfy City Sign Code requirements. Additional overstory trees and shrubs should be added the west side of the property to achieve 75% screening of the parking lot. On the north side of the property, the landscaping should be coordinated with that on the adjacent parcel to provide complementary landscape elements. MANUAL OBLIGATION — Eagandale Center Industrial Park #15 There are pay-off balances of special assessments totaling $13,629 on the parcels proposed for platting The pay-off balance will be allocated to the lots created by the plat At this time, there are no pending assessments on the parcel proposed for platting 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 connections proposed to be made to the City's utility system based on the submitted plans Improvement Use Rate Quantity Amount 'gone /6S 1 F1 Location Map 00 17,11 17,1L M=W .m 0 .M M 1200 far Development/Developer. Eagandale Center Ind. Park No. 15 Application: Final Plat and Final PD Case No.: 10 -FP -05-03-98 and 10 -FD -02-03-98 +City of Eagan N \ E CII)' M {... GMn-MNT C.YN..w.M O.fiT.M1 S Zoning Map WAT 4M 0 tlC BQ gee Development/Developer: Eagandale Center Industrial Park No. 15 Case No.: 10 -FD -02-03-98 and 10 -FP -05-03-98 Current Zoning: PD PLANNED DEVELOPMENT +City of Eagan A� C" M a-,-- MMM' t WNAnwn �� M7F7 WAT 4M 0 tlC BQ gee Development/Developer: Eagandale Center Industrial Park No. 15 Case No.: 10 -FD -02-03-98 and 10 -FP -05-03-98 Current Zoning: PD PLANNED DEVELOPMENT +City of Eagan A� C" M a-,-- MMM' t WNAnwn Comprehensive Guide Plan Map IND IND Ca IND IND IND WAT Sub ect Site I C IND QCPD IND LB IND 40 o eoo wo F. Development/Developer: Eagandale Center Industrial Park No. 15 Case No.: 10-FD-02-03-98 and 10-FP-05-03-98 Current Guide Plan Designation: IND LIMITED INDUSTRIAL +City /lJ� of Eagan City of Eagan Community Development Oepenment r EAGANDALE CENTER INDUSTRIAL PARK NO. 15 r Lit VVJ1 I � PAR!", el/. // � .� r: Ill I ,� •.. rr«. ex s rnw rar.q w raw. wr arn.n� � r ir:w.gw M M UV 1/. r rtrr Y nwwr )1, rr r n wr1 w u rmn I I I rXi,ar /.� �•, , / � r f Sy {� Y r Lit VVJ1 I � PAR!", el/. // � .� r: Ill I ,� •.. rr«. ex s rnw rar.q w raw. wr arn.n� � r ir:w.gw M M UV 1/. r rtrr Y nwwr )1, rr r n wr1 w u rmn I I I rXi,ar /.� �•, , / f Sy r Lit VVJ1 I � PAR!", el/. // � .� r: Ill I ,� •.. rr«. ex s rnw rar.q w raw. wr arn.n� � r ir:w.gw M M UV 1/. r rtrr Y nwwr )1, rr r n wr1 w u rmn I I I -k1\ =�a I I „ LA auKr nwt Til r. r� b SAPO OEl011 DATA =�a I I „ LA auKr nwt Til r. r� b •(6(NO =-:a ..... r... - COTE OAK ROANS - 6CNCRIL HOMES, 69AIMC I 1.. __._•-__ _\-;,♦r'�--__'aY ,* ,� � —'err (+«.�. err wr.aar L'• i\ r �r•.v.r•w.y�..r.f�Yr.r ... ...,.. f - r r..•4..Mr..rr. (a �.rY r,Wrrr 1.« { 1 • I}I I I' V rMwwn«w.�f �`ry r��If/Y-Y•Y «�q� ' � f ....-�..r7 � ••r..r`r4wHM. �r rrti ...r• � 1 _.. • - _ � a t • t ♦ p7 /� I . r...a .r rvrr r�r•/•r+«�lwr wr....r \1 '� ,� j _:•� l .�� -s 1 -�y..� II ..........r .r / _/ Fri.. 11 I Y,`1 � � \`' �� •'�_' _ -'� i PLAN ND4'S / I _ - `- _ _ '• t • 1.17 - 1 -/ r e •....: r.•..r_ �.- .�..r- �.;� / - � 1 _ � li - I MIS � /- / t I A - � • _— _.. __� � __Y-_ - s.. , yr - _r T•• rs_ -I� NOPUS � I I I f I I I + LT v I I I I i rLOI{1�gOl U 4if.YI —1 7%0 2 MMMEAWAN W. 14 n��� V W�f� I l �tffmAm yf.Y1 /1 A11110EM1¢I �M • YI I A21 �IYf`— FlIM011 BEVAnMG rl !M ■fM101 �M •YY I A21 L^ LN VrZ V 2 9 00wM .r �r,�YP.f���i01fYr, � � �•', I I WOR 11 Iffmool, 1 M 1D11 RMOYO M! `i r w11 2 9 00wM .r .ir .w iw .i *w .w •Y •. .w G.1 © U RlWIIbR RIeRM ,.... 8 ONE 1 w MIS. wn I I I 1 Mid. FaTtot .vW VtC V . EAOM1011EC RpTpE7pC BUYApY r,�"1 .w.o. w.,.r I .. 110�11100Y � EIECiRCJ4. I M 1D11 RMOYO M! `i r w11 .ir .w iw .i *w .w •Y •. .w G.1 © U RlWIIbR RIeRM ,.... 8 ONE 1 w MIS. wn I I I 1 Mid. FaTtot .vW VtC V . EAOM1011EC RpTpE7pC BUYApY r,�"1 .w.o. w.,.r I .. 110�11100Y � EIECiRCJ4. Opus NortMwaat. LIC. 0 OPUS• .9"',v Ro.e. " n,59110 4 9900 6'e^ Roa[ East � - Eos 59 � l0 klmwionsa Knnesoa 553x3.9500 Y -neaoc's M-nne=a 55459-011C 5'2 936 4630 pa. 612 936 4529 April 1, 1998 Ms. Pamela Dudziak Associate Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Pam: Enclosed is our revised submittal for Opus Northwest's proposed office/shosToom project in Eagan. 1 would like to address the following issues: Rooftop Units: Opus proposes that the rooftop equipment be painted to match the building. It has been our experience in our many business park settings that painting rooftop units is the most unobtrusive way to treat rooftop equipment. Physical screening other than the smooth rooftop cabinetry calls more attention to the rooftop units than is desirable while creating extra structural loads for the building. This has been the standard for our multi -tenant buildings and successfully accomplishes the goal of minimizing the rooftop units. Opus will make every effort to locate these rooftop units toward the center of the roof to minimize their exposure at the street level. In addition, the proposed building roof elevation will be at approximately 91 P as compared to the elevations at Lexington Avenue of 881', Denmark Avenue at 896', and Clubviety Drive at 889'. Given these conditions the view of the rooftop units will be minimized at street level. Parking Space Size: The parking spaces for this project are sized at both 10' for the spaces along the building which are more likely to be visitor spaces and 9' spaces for the general parking. which will be more long-term parking. We feel the 9' stalls for a primarily office building are sufficient in size for the general employee parking areas. This combination of parking stall sizes allows us to maximize the amount of parking on- site to accommodate heavier office use within the building should the tenants require that parking. ArChilWS CMJrKJ0,$ DeveloWs Opts Northwest. L L C s an a'f daze M the OW anon o' con. r Aland. Ch"o.Cowmbs Dallas Denver H La"aa4 HL .. ,pe WvvaoMhs Lange Cotmq Oriaroc Rnsacota P1Nwm� sw'arnrm, sa- srarnsm, Seattle tonty Aasl:nVcr C', / / OPUS. Afs. Pamela Dudziok April 1, 1998 Page 2 3. Signage: We have shown a proposed building monument sign at the curb cut from Denmark Avenue. In addition, there will be tenant signage above the tenant entries. Should the building be occupied by a single user, they may request building identification signage along Lexington Avenue. In all events, the proposed signage will be in conformance with City sign ordinances. 4. The proposed landscaping plan has been estimated to cost $60,000 by our landscape architect. The estimated shell building construction is estimated at $2,000,000. Please feel free to contact me or Dean Newins if you need any additional information. Sincerely, er� Michele Foster Senior Director Real Estate Development /7 Agenda Information Memo May 19, 1998 Eagan City Council B. PRELIMINARY SUBDIVISION (DEER REST POND) - JAMES SCHMITT AND RON ROTH ACTION TO BE CONSIDERED: > To approve or deny a Preliminary Subdivision to create four lots on 2.86 acres located between James Court and Rusten Road in the SW 1/4 of Section 31. FACTS: > The proposed subdivision consists of the applicants' two lots (2270 and 2260 James Court) and adjacent property including a portion of Rusten Road right-of-way that is proposed to be vacated. The subdivision would create new lot boundaries for the applicants' two existing homes, and two lots for new construction. > The four proposed lots satisfy R-1 minimum lot standards. The two new lots will take access from Rusten Road and the existing homes will retain their access off James Court. The site is heavily wooded with large variations in topography. The two new lots are proposed to be custom graded at the time of construction. From the concept plans submitted, it is likely that some tree mitigation will be required. Tree preservation and any required mitigation will be reviewed at the time of building permit application. > The Advisory Planning Commission held a public hearing on April 28, 1998 and did recommend approval, subject to the conditions in the APC minutes. ATTACHMENTS: April 28, 1998 APC �Mpi�nutes, pages through Staff Report, pages ZW through Page 14 April 28, 1998 ADVISORY PLANNING COhMSSION PRELIMINARYSUBDIVISION RON ROTH & JAMES SCHMITT Commission Chair Heyl opened the next public hearing of the evening regarding a Preliminary Subdivision of their properties at 2260 and 2270 James Court to create four lots on 2.86 acres, in the SW'/. of Section 31 consisting of Lots 7 and 8, Block 1, Slaters Acres, part of the NE'/. of the SE'/. of Section 31 adjacent to Lot 7, Block I, Slaters Acres, and part of existing Rusten Road right-of-way which is proposed to be vacated. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City staffs planning report dated April 22, 1998. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. Both applicants were present and available for any questions from the APC. A resident of 4884 Storland Avenue, whose property abuts the subject property stated that she has no objection to the subdivision itself, but is concerned about the future location of the home on the property abutting Rusten Road. She expressed concern that the future home would tower over her property without any screen or buffer. Chair Heyl closed the public hearing. Dennis Honsa, a representative of the applicant, advised the APC that the residential development of the proposed lot on Rusten Road will conform to all City Code requirements and the lot size far exceeds the Code's minimum requirements. He further advised that the applicants will be preserving a 10 to 20 foot tree grove on the lots abutting the 4884 Storland Avenue property. No other members of the public were present for comment. Member Frank moved, Member Bakken seconded, a motion to recommend approval of a Preliminary Subdivision of their properties at 2260 and 2270 James Court to create four lots on 2.86 acres, in the SW% of Section 31 consisting of Lots 7 and 8, Block 1, Slaters Acres, part of the NE'/. of the SE'/. of Section 31 adjacent to Lot 7, Block 1, Slaters Acres, and part of existing Rusten Road right-of-way which is proposed to be vacated, subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: B1, B2, B3, Cl, Dl, E1 / 79 Page 15 Apnl 28, 1998 ADVISORY PLANNING CONMUSSION 2. The property shall be platted. 3. Parks and trails dedication shall be required for proposed Lots 3 and 4. 4. Erosion control in accordance with City standards shall be installed and maintained at time of building permit for the custom -graded lots. 5. An Individual Lot Tree Preservation Plan shall be submitted at the time of building permit application. 6. The final subdivision shall be contingent upon the vacation of excess right- of-way of Rusten Road. 7. Prior to final subdivision approval, the developer shall provide the City with proof of ownership to that portion of Rusten Road to be vacated. All voted in favor. /pO PLANNING REPORT CITY OF EAGAN REPORT DATE: April 22, 1998 APPLICANT: Ron Roth/James Schmitt PROPERTY OWNER: Ron Roth/James Schmitt REQUEST: Preliminary Subdivision LOCATION: 2260 & 2270 James Court CASE: 31 -PS -03-03-98 HEARING DATE: April 28, 1998 PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: D -I, Single Family Residential ZONING: R-1, Single Family Residential Ron Roth and James Schmitt are requesting approval of a Preliminary Subdivision of their properties at 2260 and 2270 James Court to create four lots on 2.86 acres, in the SW 1/4 of Section 31 consisting of Lots 7 and 8, Block 1, Slaters Acres, part of the NE 1/4 of the SE 1/4 of Section 31 adjacent to Lot 7, Block 1, Slaters Acres, and part of existing Rusten Road right-of-way which is proposed to be vacated. FAN 1; I) Zi I We X4J; 114 AV I VA Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. Planning Report - Deer Rest Pond April 28, 1998 D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property- (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent H ith the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Rater Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a pan of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUNWHISTORY Slaters Acres was platted in 1959. Whispering Woods 2nd Addition to the south was platted in 1987 and at that time it was determined that a 50 foot right-of-way for Rusten Road would be sufficient. Thomas G. Slater Addition to the east was platted in 1990, and the Rusten Road right-of-way that is proposed to be vacated with this development was dedicated with that plat. EXISTING CONDITIONS The property is steeply sloped and heavily wooded. There is a pond at the northeast M Planning Report - Deer Rest Pond April 28, 1998 Page 3 comer of the site. Both of the existing homes take access from James Court to the west. The east side of the site abuts Rusten Road, and the proposal includes vacating a portion of the existing Rusten Road right-of-way. 40 The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Single -Family residences; zoned R-1, Single -Family Residential; guided D-1 Single -Family Residential South - Single -Family residences; zoned R-1, Single -Family Residential; guided D-1 Single -Family Residential East - Single -Family residences and pond; zoned R-1, Single -Family Residential; guided D-1 Single -Family Residential West - Single -Family residences; zoned R-1, Single -Family Residential; guided D-1 Single -Family Residential EVALUATION OF REQUEST Compatibility with Surrounding Area - The single-family use is consistent with the city's zoning and comprehensive guide plan designation and surrounding development, which is also single-family residential. Density - The proposal creates four residential lots on 2.86 acres and has a density of 1.4 units per acre. L21j�_- Minimum lot size required for the R-1 zoning district is 12,000 square feet. All four proposed lots meet or exceed this size. The proposed lot sizes are as follows: Lot 1 - 17,787 sq. ft.; Lot 2 - 71,071 sq. ft.; Lot 3 - 17,051 sq. ft.; and Lot 4 - 18,741 sq. ft. Proposed Lots 1 and 2 contain the applicants' existing homes. Setbacks - The R-1 zoning district requires minimum setbacks of 30 feet from the public right-of-way, 10 feet from the side lot lines (garages may be up to five feet from a side lot line), and 15 feet from the rear lot line. The existing buildings satisfy these minimum setbacks. The conceptual 50 foot by 50 foot building pads shown for Lots 3 and 4 demonstrate that these minimum setbacks can be met. Gradin¢ - The site is heavily wooded and has large variations in topography with elevations ranging from 930 in the northeast to 994 in the southwest. No grading is proposed on Lots 1 and 2. Lots 3 and 4 are proposed to be custom -graded at time of building permit for these lots. Erosion control in accordance with City standards should be installed and maintained at time of building permit for the custom -graded lots. Planning Report - Deer Rest Pond April 28, 1998 Storm Drainage - Existing storm sewer in the area is of sufficient capacity to accommodate this development. No additional storm sewer will be needed. Streets'Accessfirculation - Public street access for Lots 1 and 2 will continue to be from the lames Court cul-de-sac to the northwest and street access for Lots 3 and 4 is available from the Rusten Road cul-de-sac to the southeast. Easements Permits Right -of -tray - The developer has petitioned to vacate excess right- of-way along the west edge of Rusten Road adjacent to proposed Lot 4. By law, the vacated right-of-way property reverts back to the original parent property from which it was dedicated, in this case that is the property in the Thomas Slater Addition along the east side of Rusten Road. The right-of-way should be vacated at time of final subdivision. Further, the developer should acquire this vacated right-of-way property for incorporation into Lots 3 and 4 at the time of final subdivision. Tree Preservation - The existing vegetation on site consists mostly of hardwood deciduous trees, mostly oak, in the diameter range of six to 35 inches. The submitted tree inventory indicates that there are 178 significant tress on site. No additional construction is proposed for Lots 1 and 2. Proposed Lots 3 and 4 will be custom graded. A preliminary revieti of the grading plan indicates that significant tree removal for Lots 3 and 4 will likely exceed the allowable removal of 20% per lot. Approximately 45° o removal A ill occur on Lot 3, and 35% removal on Lot 4. An Individual Lot Tree Presen ation Plan A ill be required at the time of building permit application and mitigation amounts will be determined at that time. Parks and Recreation - Parks and trails dedications will be required for Lots 3 and 4 and will be fulfilled through cash payment. Sl' NI IA RY!CONCLUS1 ON' The proposed preliminary subdivision will create four lots on 2.86 acres, two of which contain existing single-family homes. Tree mitigation appears likely, but will be reviewed on the individual Lot Tree Preservation Plans submitted with the building permit application. The proposed single-family development is consistent with surrounding uses which are also single-family residential. ACTION'TO BE CONSIDERED To recommend approval or denial of a Preliminary Subdivision to create four lots on 2.86 acres, in the SW 1/4 of Section 31 consisting of Lots 7 and 8, Block 1, Slaters Acres, part of the NE 1/4 of the SE 1/4 of Section 31 adjacent to Lot 7, Block 1, Slaters Acres, and part of existing Rusten Road right-of-way which is proposed to be vacated. War Planning Report - Deer Rest Pond April 28, 1998 1. The developer shall comply with these standards conditions of plat appro%al as adopted by Council on February 3, 1993: B1, B2, B3, Cl, D1, E1 2. The property shall be platted. 3. Parks and trails dedication shall be required for proposed Lots 3 and 4. 4. Erosion control in accordance with City standards shall be installed and maintained at time of building permit for the custom -graded lots. 5. An Individual Lot Tree Preservation Plan shall be submitted at the time of building permit application. 6. The final subdivision shall be contingent upon the vacation of excess right-of-way of Rusten Road. 7. Prior to final subdivision approval, the developer shall provide the City with proof of ownership to that portion of Rusten Road to be vacated. /Fs STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission Approved: August 25, 1987 175#5 STANDARD CON / w� City Council September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 FLNANCML OBLIGATION — Deer Rest Pond There are pay-off balances of special assessments totaling $0 on the parcels proposed for platting The pay-off balance will be allocated to the lots created by the plat At this time, there are no pending assessments on the parcel proposed for platting 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 connections proposed to be made to the City's utility system based on the submitted plans Improvement Use Rate Quantity Amount Storm Sewer Trunk S F $8601ot 1 lot $ 860 Fater Trunk S.F $8951ot I lot 8 Total cls,-`—` •:W:11 [• J 1 L• P"L16ON4RY SDBOMIS/ON PLIN "R. - OL'RR RAST PoND 400/T/ON ._m.e .P . T P"L16ON4RY SDBOMIS/ON PLIN "R. - OL'RR RAST PoND 400/T/ON ._m.e .P . OLA - a , ,.. t ,ori I t5' NO/.L/OOY ONQa lSYd� d�3i'O \� MOP" NY/d SNO/,/lpN0.7 9N/.LS/,Y.Y \ 1, C 1 OLA - a , ,.. t ,ori I t5' NO/.L/OOY ONQa lSYd� d�3i'O \� MOP" NY/d SNO/,/lpN0.7 9N/.LS/,Y.Y \ C O W PRd!✓WAMRY CRMOK DR41WCe X'ROS/ON MAO RW et C/T/!✓1Y PGIN AOR OrXf "ST MA'O ADD/T/ON A�OLIP.�N FNM. MC. Ve9O n P � l O^ n A�OLIP.�N FNM. MC. l ;I I A�OLIP.�N FNM. MC. I N '_99PAL • +w P"Z1,V1,WRY CRIO/NC, ORIhWCA; F, ROS/ON CONTROL .t UTILITY PGIN FOR OLBR RBST POND AOOITIOW NAP/I Iw . P FINANCIAL OBLIGATION LEGEND e -- � JI1 I.� 9 Sanitary Sewer Trunk Pe, lot k Wale( Trunk _•— -•ter• - J�` w,y