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09/04/2001 - City Council Regular AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING September 4, 2001 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE IT. ADOPT AGENDA III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA f aL A. APPROVE MINUTES B. PERSONNEL ITEMS 1p 10 1) C. APPROVE Miscellaneous Licenses a D. APPROVE Gambling License for Ducks Unlimited E. AWARD Contract 01-08 (Well #20 - Drilling, Structure and Transmission Line) PIS f IS F. AWARD Contract 01-06 (Blue Gentian Road - Streets and Utilities) AR G. APPROVE Change Order No. 6, Contract 00-07 (Trunk Highway 13 - Urban Upgrade) H. APPROVE Change Order No. 1, Contract 01-07 (Lexington Avenue - 4 Lane Divided Upgrade) 12JL7 I. APPROVE Change Order No. 1, Contract 01-13, (July 2000 Storm Mitigation Improvements - Areas 1, 3, 4, 9 and 10) J. APPROVE Selection of Consulting Engineering Firms a35 K. RECEIVE Final Assessment Roll, Schedule Public Hearing, Project 797 (Letendre 15` and 2°d - P Street Overlay) L. RECEIVE Final Assessment Roll, Schedule Public Hearing, Project 798, (Canterbury Forest / Wedgewood I" -Street Overlay) P3'1 M. APPROVE Final Payment, Contract 01-06A (Blue Gentian Road - Grading) N. RECEIVE Feasibility Report / Order Project, Project 848 (July 2000 Storm Mitigation P Improvements - White Oak Court). f4s O. VACATE Easement, Receive Petition and Schedule Public Hearing (Sun Cliff Ist Addition, Lot 13, Block 1). p{b P. APPROVE Final Subdivision, Grand Oak Three - Interstate Partners 04 Q. APPROVE Change Order No. 1, Contract 01-04, (Central Parkway - Street & Utility Improvements). R. APPROVE Easement Vacation - Receive Petition and Schedule Public Hearing (Harvey's p Heritage Addition, Lot 3, Block 1). S. APPROVE Xcel Energy Bundle 3 Package as the Energy Package for the Community Center. T. APPROVE Purchase Agreement - 3997 Cedarvale Drive. U. APPROVE Change of Public Hearing Date for a Variance for Spectrum Development. 11 V. APPROVE Extension for recording Final Subdivision - Fox Forest Section Addition - Pete and ~y~ Jan Ramstad. M W. APPROVE On-Sale Wine, Malt Liquor and Sunday License for Golden T, Inc. PXX. AUTHORIZE Feasibility Report - Project 850 (Dodd Rd., Diffley to Ethan Dr. - Street and Trail Improvements) P* Y. DIRECT Staff to Develop Amended Language for City Ordinance 10.31. P•W. DIRECT Staff to Develop Ordinance Amendment to Chapter 10, Section 10.53, Subdivision 1. V. 6:30 - PUBLIC HEARINGS VI. OLD BUSINESS A. CONTRACT 01-14, Award Contract (July 2000 Mitigation Improvements - Areas 1,4,5 and 10). P14 B. CONTRACT 01-15, Receive Bids / Award Contract (July 2000 Mitigation Improvements - f O4 Areas 6, 7 & 8). i VII. NEW BUSINESS P91 A. CERTIFICATION of the preliminary 2002 Property Tax Levy p$1 _ B. CONDITIONAL USE PERMIT - All Saints Lutheran Church - A Conditional Use Permit to Y~ allow a pylon sign on Lot 1, Block 1, All Saints Addition, located at 3810 Lexington Avenue in the NW of Section 23. P C. PRELIMINARY SUBDIVISION, Conditional Use Permit & Variance - 789 Company- A Preliminary Subdivision (Eagandale Center Industrial Park No. 17) of approximately seven acres to create two lots, a Conditional Use Permit to allow outdoor storage and a Variance to allow a shared access, located at 3110 Mike Collins Drive in the NW of Section 11. VIII. LEGISLATIVEIINTERGOVERNMENTAL AFFAIRS UPDATE IX. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads X. VISITORS TO BE HEARD (for those persons not on agenda) XI. ADJOURNMENT XII. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. a.- MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 31, 2001 SUBJECT: AGENDA INFORMATION FOR SEPTEMBER 4, 2001 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the August 21, 2001 City Council agenda, the following items are in order for consideration. 1 Agenda Information Memo September 4, 2001 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the August 21, 2001 regular City Council meeting and the August 21, 2001 Listening Session as presented or modified. ATTACHMENTS: • Minutes of the August 21, 2001 regular City Council meeting are enclosed on pages 3 through • Minutes of the August 21, 2001 Listening Session are enclosed on page MEVUTES OF A REGULAR MEETING OF THE iAN.C. x COUNCIL A regular meeting of the Eagan City...gpuncil was held on fu6 esday, August 21, 2001 at 6:30 p.m. at the Eagan Municipal Center. Present were Ma}r Awada and Counqhtc gibers Bakken, Carlson, Fields and Tilley. Also present were City Administrator Tom Ir' 'e$y$gipF,~fike Ridley, Director of Public Works Tom Colbert, and City Attorney Mike Dougherty. : AGENDA Mayor Awada announced that Item E of the Consent Agenda will be pulled for discussion per the request of the applicant; Item J of the Consent Agoayor Awada also stated that two items have been added to Administrative Agenda, g Councilmember Bakken moved, Councilmer Fields S~C'Knded a motion to approve the agenda as amended. Aye: 5 Nay,: 0 A. Minutes. It was recommended to approve the minutes of the August 7, 2001 regular City Council meeting, the August 7, 2001 Listening Session and the August 14, 2001 Special City Council meeting. B. Personnel Items. 1. It was recommended to accept the #~$i ' qij of Lisa Larson, Clerical Tech III in Engineering. 2. It was recommended to accept the re'Stgstt~***' ~ an Police Officer, Nathan Taarud. 3. It was recommended to approve the hiring of'B►'£t"y as a temporary intern for the Engineering Department. RX: 4. It was recommended to approve the hiri*bf K,ali.;R 1 1 itlA as a seasonal park attendant for the Maintenance Facility. 5. It was recommended to approve thd::prt1'lie Mattson and Haley Margaret Leonard as part-time seasonal guest services workers at Cascades try. 6. It was recommended to approve the payment of one hour at straight time for each after hours emergency callout for maintenance supervisors and one hour at straight time for each emergency callout hour worked in excess of the first two hours, not to exceed total pay for five hours for any callout. C. Final Subdivision. It was recommended to approve a Final Subdivision (Pinetree Pass 7' Addition) to create 13 single family lots on approximately 3 $orfsS .}gstty.4;1b~ ZZ'/. of Section 33. D. Final Subdivision. It was recommati t~3: qc rgv 2~•i bdivision (Pinetree Pass 8`' Addition) to create 16 single family lots on approximately 7.13 acres. ca{e~'iii flie'NE of Section 33. F. Contract - Sabongi Consulting Group. It was repgtmended.'jiiapprove a contract with Sabongi Consulting Group Inc. to prepare construction documents fpr~ rrtodelitt 'e City owned house in Moonshine Park, and authorize staff to sign appropriate documents. G. Contract 99-14. It was recommended to approve the final g ent for Contract 99-14 (TH 55 South Frontage Road / Louis Lane - Street and Utility Improvements) in the amount of $87,074.92 to Brown & Cris, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. H. Contract 01-08. It was recommended to authorize a new bid letting date for 11:00 a.m. August 31, 2001 for Contract 01-08 (Well #20). I. Contract 01-15. It was recommended to authorize anew bi$~jting date for 10:30 a.m., Tuesday, August 28, 2001, for Contract 01-15 (July 2000 Storm Mitigation Imptv~ments). J. Contract 01-06. It was recommend d, irw ye p bids for ~f ntract 01-06 (Blue Gentian Road- Street and Utility Improvements) and one of :pt tinued to September 4. 2001. K. Project 748. It was recommended ij'~'eectde ' •P• i~lfnent Roll for Project 748 (Johnny Cake Ridge Road - Utility and Street Installation) and schedule a publjrkearing to be held on September 17, 2001. L. Easement Vacation. It was recommended to receive the pt'bn to vacate public drainage and utility easements an schedule a public hearing to be held on September 17, M. General Insurance Renewal. It was recommended to approve the general insurance renewal for the period 7-1- 01 to 6-30-02. N. City Hall Security System. It was recommended to approve the purchase of a security system for City Hall to be financed from the City's General Facilities Renewal and Replacement Account. i Eagan City Council Meeting Minutes August 21, 2001 Page 2 y,;•. ;f~.• 0. Ordinance Amendment. It was recommd to approve an orditpce amendment -Section 6.39 (off-site massage therapy permits) and establish aY~': mut application fee d~M45.00. P. Revision to "Triangle Area" AUAR - Cig"Kagan. It was regQMended to authorize a revision to the Alternative Urban Area-wide Review (At~>q; the "iriar:jea" bounded by 1494, Hwy. 55 and Hwy. 149. Q. MVTA TEA-21 Grant. It was recommended io°ppswitird~st~#t1er of Support for the MVTA TEA-21 Grant. R. Wetland Conservation Recommendations. It was recommended to approve 1) certification of exemptions from replacement of six (6) individual wetland projects associated with flood mitigation; and 2) replace excavation impact of wetland for Fish Lake alum-dosing operation by withdrawing wetland banking credits. S. New Tree Contractor License. It was 9A40 to approve a new Tree Contractor License for Collins Tree, 7377 154°i Street West, Prior Lake, T. Easement Vacation. It was recommended to r0iv'pe~ttid}vacate public drainage and utility easements and schedule a public hearing to be held on Septen~Ffel'`l7, 200ff;; •G.K Councilmember Bakken moved, Councilmembg~: bar secony~K"" motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 • •~'f E. Findings of Fact - Adams Outdoor. Findings of Fact, Conclusions and Resolution for Denial of a Conditional Use Permit for Adams Outdoor to erect a 756 square foot (378 square feet per sign face) off- premise sign upon Canadian Pacific Railway property located south of TH 55 between I-35 E and Lexington Avenue in the northwest'/. of Section 2. City Administrator Hedges discussed; dating that Adams Sign had requested it be pulled from the Consent Agenda for discussion. John Bedger;*i g%,.stated that they would like to amend their original application and requested that the item be tabledti • H•e ve the 60 day proyision to allow modification. Council agreed to table consideration of the Finpgs of Fact:' , ; Councilmember Carlson moved, Cou~~iltt;i$ey'trconded a motion to table adoption of the Findings of Fact, Conclusions and Resolution for AtM 42~Lononal Use Permit for Adams Outdoor to erect a 756 square foot off-premise sign upon Canadi Pacific Railway property located south of TH 55 between I-35 E and Lexington Avenue in the northwest of Section 2. Aye: 5 Nay: 0 PUBLIC HEARINGS YMCA 1sTADft? -tW. A' EMENT VACATION City Administrator Hedges introduced this Uft regardii,pn easement vacation of the existing drainage and utility easements on Outlot A, YMCA 1" Addi6,o,'t;••.; He suglQ' that it would be more appropriate to include action on this item as part of consideration of the Y 2" d Ada' n plat that is scheduled for Council consideration later on this agenda. Public Works 17tiel'tor Colli.§i€f$ave a staff report. r Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing. CONSIDER ADOPTION OF THE REDEVELOPMENT PLAN FOR THE CEDAR GROVE REDEVELOPMENT AREA, AND ESTABLISHING TA77•3QCREMENT FINANCING DISTRICT NO.1 WITHIN THE CEDAR GROVE REDEVELOPMENT , AND ADOPTING THE TAX INCREMENT ,MtAllj~ ,~.~•~LAN REFOR City Administrator Hedges intfdl4~c~fleftgai the Redevelopment Plan for the Cedar Grove Redevelopment Area. He stated that the research material from,SJUH is not complete and action should not be taken at this time. Jim Prosser, Elhers and Associates, suggested th ;Council wishes to defer the public hearing, it should be scheduled no earlier than four weeks. Councilmember Carlson moved, Councilmember Tilley seconded a motion to continue the public hearing to consider adoption of the redevelopment plin for the Cedar Grove Redevelopment area to the October 2, 2001 meeting. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes August 21, 2001 Page 3 ;r Council agreed to allow residents t&Wesent any questions 1 • would like answered at the next public hearing. r:•: S t; Four residents requested that the following info . i;aeQ¢t the next public hearing. Bea Blomquist: 1. What are the reasons for boundary changes since the task force last met and when was the decision made to make the changes? 2. Would like to see official action that waga, ,R {s cp the TIF District to "Cedar Grove". (a number should be assigned). .:ti. . 3. What is intent regarding removal of existing home'*;~..... : S•::Y Councilmember Carlson &cussed the renaming of ONO Distric0d"Cedar Grove". • :1 Betty Bassett: ••,,f •.5.~ . :~f'. 1. Would a public hearing be held if Council decides to alter the plan or include additional special areas. Council confirmed to Ms. Bassett that a public hearing would be held in the event of changes or additions. Margaret Schriener: 1. Requested that information be provideids, as the Task Force is no longer involved and she continues to get phone calls requesting;ormatiofrr Steve Wallick: 1. Why does the TIF Plan include j 4dfihas? 2. What are qualifications for houses to be included for TIF funding? 3. Suggested that a brief history of the area be provided. 4. Why are some intersection parcels being left out? CONTRACT 01-14, JULY 20 TORK.-S R IMPROVEMENTS City Administrator Hedges introduced thisc t regardit ontract 01-14, (July 2000 Storm Mitigation Improvements for Miscellaneous areas # 1, 4, 5 and 10. Public ftrks Director Colbert gave a staff report, explaining that all necessary easements have not be obtained. He recommended that consideration of this item be continued. Councilmember Carlson moved, Councilmember Tilley seconded a motion to continue the award of Contract 01-14 (July 2000 Storm Mitigation Improvements - l Areas #1, 4, 5 & 10) until the September 4, 2001 City Council meeting. Aye: 5 Nay: 0 ORDINANCE AMEND - CONSTRUCTION LICENSING, ATION City Administrator Hedges introduced this item regag an ordinance amendment that would restrict signs on all City owned property including right-of-way, parksc'$iid public facilities. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve an ordinance amendment to Chapter Four - Construction Licensing, Permits and Regulation. Aye: 5 Nay: 0 Eagan City Council Ting Minutes August 21, 2001 Page 4 +;.;~•.;.;.::f•• Y''' NEW BUSINESS' . f S • PRELB11NARY PLANNED DEVELOP* . AND PRE. ARY SUBDIVISION (SUMMIT HILL) - DELINC. City Administrator Hedges introduced this item regarding a Preliminary Planned Development and Preliminary Subdivision to create 31 lots for the construction of 30 detached townhomes on 6.65 acres located south of Diffley Road and east of Johnny Cake Ridge Road. Senior Planner Ridley gave a staff report. Mark Parranto, Delta Developmer~-,•:{ : ;~sYt~ b $ rding the proposed townhome development. There was considerable discussion and quesU6 'W?tl7~q.;l g the viability of the reduced private street widths to accommodate additional guest and/or residarking : •~tie mechanism to enforce no parking in front of the garages or in the private driveways. The deve r respon~ii~that the parking rules would be incorporated into the covenants and the homeowner's associatiog. d be re"!¢tglsible for their enforcement through towing as necessary. He preferred not to install sig»is;:fiin lodt~hdl s of this new concept and would look at the possibility of adding another on-street parl'riig'by'~n respiitslq; question from the audience, the developer stated that, if there was insufficient room for snow storage within the private driveways then, the association would truck it out. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Planned Development and Preliminary Sub.4ivision (Summit Hill) to create 31 lots for the construction of 30 detached townhomes on 6.65 acres locate13: Sot#lle f.Diffley Road and east of Johnny Cake Ridge Road, in the NW of Section 28 subject to the following coiidsfio;:jre;; 0 1. The property shall receive final>divisionlplt:apprgval prior to building permit issuance. 2. The applicant and/or developer $11 eAt<er;u~tt Planned Development Agreement with the City, to be recorded with the.~QoRei<'s bffce. The following exhibits are required for the Final Planned Developmeptjic4Yilefit: Final Site Plan, Final Building Elevations Plan, Final Landscape Plan, Final Sitx# lghting Plan. 3. The term of this Planned Development shall be five years. 4. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a•townhome association. The documents shall be submitted and approved by the City Attorney's office prior to final subdivision approval. Transfers of common areas to the townhome association sWI~ o:gmt*,cdnmtk;Aw..;ubdivision. 5. Building setbacks on the.* .t be less than 50 feet from Johnny Cake Ridge Road and 30 feet from adjacent propgrges. Sefliacl within the development shall not be less than shown on the approved site plan. •ti 6. Tha final development plans shall in y'1e archite aa] plans prepared by a registered architect. The elevation plans shall show the prop buildinidt igns, elevations of all sides of the buildings, dimensions, and exterior materials and colors. r 7. Maintenance of the landscaping shall be the responsibility of the development's townhome association. 8. Site lighting shall be provided as is necessary for security, safety and traffic circulation. Lighting shall not be directed upon public rights-of-way or adjacent properties. Such illumination shall be hooded and directed to deflect light away from.* cent properties. PRELIII'1)~~Tq,~j.Y;•A~IT,I?N+~j~.•SbIVISION - YMCA City Administrator Hedge s4[t[odifEe't#''iling a Preliminary and Final Subdivision to provide for property acquisition to allow for an expansion of tkq..YMCA daycare operation located at 550 Opperman Drive. Senior Planner Ridley gave a staff report. • Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary and Final Subdivision (YMCA 2' Addition) to provide for property acquisition to allow for expansion of the YNCA daycare operation located at 550 Oppeiman Drive in the NE of Section 13, subject to the following conditions: Aye: 5 Nay: 0 i r~ r Eagan City Council Meeting Minutes August 21, 2001 Page 5 1. The developer shall comply ~t these standard conj ns of plat approval as adopted by Council on February 3, 1993: B l, E k; ;bid HI. ; Xxon. 2. The property shall be platted......'`:':,, 3. The approval of the proposed stpp63};ive or any way affect the City's right to retain any existing public easement that U,-* f 3iy desire to have vacated in accordance with applicable procedures. Councilmember Carlson moved, Councilmember Bakken seconded a motion to vacate public drainage and utility easements (Lot A, YMCA 1" Addition). Aye: 5 Nay: 0 '~•ti • • • • • . J. ADNIINIST'IVE AM—.-DA S••S1I CITY PROJECT 802, PILOT:#,C••~>~r B RO .~DUCKWOOD DRIVE City Administrator Hedges intro di3 :413Y l1•em l eitdi :ifitersection improvements at Pilot Knob Road / Duckwood Drive. Public Works Director Colbert gave a staff report, explaining that the approved funding for this project under the regional Hazard Elimination & Safety (HES) program funding for the Duckwood Drive overpass portion of the Ring Road had a September 30 deadline for the acquisition of all easements and rights of ways. He stated that due the resistance of most of the property owners, it appeared very unlikely that the City would be able to meet this deadline. If the project were to b; cancelled, the MnDOT could reallocate these funds to some other project and the City would then be able tabor the 2005 program year. Councilmember Bakken moved, Counci1riie t Q~ seconded a motion to cancel-Project 802, Pilot Knob Road / Duckwood Drive (Intersection Im}vement§J;' •e'i'line ;he use of FY 2001 HES federal program funding and authorize the submittal of a new agcation f4F:1;cY$ HES Funding. Aye: 5 Nay: 0 R?#S#''CS•CENTRAL PARK PLAN City Administrator Hedges introduced this item regarding a proposal by Duke Weeks regarding a four acre outlot of which a portion will be used for storm water ponding and wetland replacement. Parks and Recreation Director Vraa gave a staff report. Mayor Awada moved, Counci he.;~ak14W,s~%t ed a motion to approve the proposed revision to the Central Park Plan. Aye: 5 Nay: 0 AMEND 5 YEAR CAPITAL IMP VEMEXT.RLAN (HWY.149 UPGRADE) City Administrator Hedges introduced thil- regar .the upgrading of Highway 149 from a 2-lane to a. 4-lane highway. Public Works Director Colbert gave a staff. explaining that the current CIP provides for a two lane divided highway. Traffic projections indicate the need•`or a 4-lane divided highway with signals at the Wescott Road intersection similar to the Hwy 13 improvement. This upgrade would probably score better in the competition for regional and federal funding. MnDOT had already committed $500,000 towards the local share of $1,000,000 obligation. Therefore, it is necessary to amend the official CIP to reflect this increased scope of improvement. Councilmember Bakken moved, Qounq lMember Til2e~'seconded a motion to amend the 5 Year Capital Improvement Plan to program the up *~f $ f;# ye: 5 Nay: 0 VISITORS TO $E4EARD Neil Black made a comment regarding the ordinanc(.bibendment regulating election signage. He stated he felt the Council would be setting a bad precedent by approving the amendment. 7 Eagan City Council Meeting Minutes August 21, 2001 Page 6 M,:,., :r,• ;f Doris Dahline stated that the brocl egar•'ing~mee mg ptgi*dures should be updated. She also presented a recap of her concerns and past c;spondences that she brought before the Council since April, 2000. 'v Robert Salik, presented a proposed sti7p t fps: :boss Blue Shield expansion. ADJWWGNT The meeting adjourned at 8:40 p.m. into an Executive Session to consider the EHW lawsuit. Date • f • f f • • • + Deputy City Clerk If you need these minutes, in an alternative form suc,b•. -4- ge print faille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, ~t##iSF.$,4Q{! (TDD phone: (651) 454-8535). ::ff The City of Eagan is committed to the policy that all persons five equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. • •VJ I l 1 4 MINUTES Olt.* +ION OF THE E CITY CO" L ;:agars, Minnesof~$ ugust 21, 209 Mayor Awada opened the August 21, 2001 Listening Session at 5:30 p.m. in the Community Room of the Eagan Municipal Center. Present were Mayor Awada, Councilmembers Carlson, Bakken, Tilley and Fields. Pat Meagher, 3629 Winviolatiori he had been cited to • City Code Section 11.10.10, Subd. 20 (fei`disrep He disagreed with how the City Code Enforcement Technician had interpd the ccand felt his fence was not in violation of the Code. Council,$q c6aNAs Meagher's fence and concurred with staff that he was in violati*tz - od ; IN it agreed to extend the deadline for the repair of Mr. Meagher's fence for one month. - Council also directed the Public Works Committee to review the code regarding fencing to determine if specific guidelines need to be more clearly defined. The Listening Session wds~tttd, ~t 6:15 P.M. Date Deputy City Clerk f: Agenda Information Memo September 4, 2001 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Planner-- ACTION TO BE CONSIDERED: To approve the hiring of Cynthia Kirchoff as a Planner. Item 2. Clerical Tech III/Engineering- ACTION TO BE CONSIDERED: To approve the hiring of a person to be named as Clerical Tech III in Engineering. Item 3. Part-time Seasonal Basketball Scorekeepers— ACTION TO BE CONSIDERED: To approve the hiring of Bruce Barry and David Schomburg as part-time seasonal basketball scorekeepers. Item 4. Part-time Seasonal Touch Football Official-- ACTION TO BE CONSIDERED: To approve the hiring of Brad Champlin as a part-time seasonal touch football official. Item 5. Part-time Seasonal Preschool Program Instructor— ACTION TO BE CONSIDERED: To approve the hiring of Colleen Mathiason as a part-time seasonal preschool program instructor. Item 6. Part-time Preschool Program Assistants— ACTION TO BE CONSIDERED: To approve the hiring of Cynthia Whitacre, Lynda Speikers and Amber Geske as part-time seasonal preschool program assistants. Item 7. Seasonal Park Attendant- ACTION TO BE CONSIDERED: To approve the hiring of David Guenther as a seasonal park attendant. i r r r Agenda Information Memo September 4, 2001, Eagan City Council CONSENT AGENDA: C. APPROVE LICENSES ACTION TO BE CONSIDERED: • To approve a Motorized Golf Cart License for Michael Krolick, 1059 Hummingbird Lane. • To approve a New Tree Contractor License for Top Notch Treecare, 5505 N. Hwy. 169, Plymouth. FACTS: • Mr. Krolick has requested that his license be renewed and extended until October 31, 2002. Staff has prorated the application fee to include the extra month. • Staff has reviewed the applications and deem them in order. ATTACHMENTS: None i Agenda Information Memo September 4, 2001, Eagan City Council CONSENT AGENDA: D. GAMBLING APPLICATION - DUCKS UNLIMITED ACTION TO BE CONSIDERED: To approve an application for Lawful Gambling Exempt Permit for Ducks Unlimited for a raffle to be held at Brianno's, 2280 Cliff Road, September 13, 2001. FACTS: • Staff has reviewed the application and deem it in order. ATTACHMENTS: • Application is attached without page number. 1 11 I Agenda Information Memo September 4, 2001 Eagan City Council Meeting E. CONTRACT 01-08, WELL #20 ACTION TO BE CONSIDERED: Receive the Bids for Contract 01-08 (Well #20 - Drilling and Development), award the contract to E.H. Renner & Sons for the base bid of $187,700.00 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 01-08 provides for the drilling and development of Well #20 to be located West of Pilot Knob Rd. and north of the future Central Parkway within the new Central Park. • On July 17, the City Council approved the plans and authorized the competitive advertisement for this project (#811) with a scheduled bid opening date of August 21. However, due to an error by the construction trade magazine, the required legal publication time frame could not be met. Subsequently, on August 21, the City council authorized a new bid opening date of August 31. • All bids will be reviewed for accuracy and any deviations from the City's Standard Specifications will be addressed at the Council meeting on September 4, if appropriate. ATTACHMENTS: • Bid tabulation summary, page. 13 Adir AAW AlgOw BIDS RECEIVED A501 FRIDAY, AUGUST 31, 2001 11:00 AM Project No. 811 Client City of Eagan Client Project No. Contract No. 01-08 Project Production Well No. 20 SEH No. A-EAGAN0105.00 Bid Bond Bidder's Name Addendum s 5% Total Bid Amount 1. E H Renner & Sons Acknowledged Cg Yes ❑ No $187,700.00 2. Keys Well Drilling Acknowledged O< Yes ❑ No $214,667.50 3. Bergerson-Caswell f Acknowledged X Yes ❑ No $221,558.00 4. Traut Wells Acknowledged DdYes ❑ No $242,247.50 Engineer's Estimate $180,000 - $220,000 Agenda Information Memo September 4, 2001 F. CONTRACT 01-06, BLUE GENTIAN ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Award Contract 01-06 (Blue Gentian Road - Street and Utility Improvements) to Danner Inc., for the Base Bid in the amount of $290,325.00, and authorize the Mayor and Clerk to sign all related documents. FACTS: • Contract 01-06 provides for the extension and completion of the realignment of Blue Gentian Road from Blue Water Road to Hwy 55 at Lexington Avenue. This is a Municipal State Aid Street (MSAS) and is eligible for construction funding through the gas tax program. As such, it must receive MnDOT approval before the Council can award the contract. • The original design provides for the realignment of the current approach of Blue Gentian Circle (gravel road access for the existing residential properties). This realignment as proposed does not meet the needs and concerns of either Dakota County (Lexington Avenue = County Road 43) or MnDOT due to the impact that the additional traffic would have on the signal operation system. As such, they were unable to process the necessary approvals and permits needed by the State Aid Division. • The completion of the extension and realignment of Blue Gentian Road is needed for the Spectrum Commerce Center access that is currently under construction with a scheduled completion date of November 15, 2001. • As a result of a mutli-agency meeting to address this issue, a compromise was reached providing for a temporary connection of the new Blue Gentian Road to the current Blue Gentian Circle approach and then restricting this local street approach at Hwy 55/Lexington Avenue to right-in, right-out and left-in movements only until plans can be prepared for the reconstruction of the whole intersection. This temporary restriction will be in place for approximately 12 - 24 months. Blue Gentian Circle and the developing Business Park traffic will still have full access to all directions via Blue Water Road to Hwy 55 and/or Blue Gentian Road to Hwy 149. Notices of the proposed temporary turning restrictions at Hwy 55 and Blue Gentian Circle were sent to all potentially affected businesses and residents on August 17. As of this date, the staff has not received any formal objections. • At 11:00 a.m. on August 2, 2001, formal bids were received for this project. A copy of the bid recommendation is enclosed. • MnDOT State Aid has approved the plans for State Aid funding with the Council's award of the contract. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid from Danner Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid Summary, page BID SUMMARY Blue Gentian Road - City Project No. 809 Street and Utility Improvements City Contract No. 01-06 Bid Date: Thursday, August 2, 2001 Bid Time: 11:00 a.m. Contractors Total Base Bid 1.) Danner, Inc. $ 290,325.00 2.) Max Steininger, Inc. $ 428,904.23 3.) Valley Paving $ 667,858.80 Blue Gentian Road - Project 809 Low Bid $ 290,325 Feasibility Report Estimate $ 444,130 Percent Under Estimate -34.6% Engineer's Estimate $ 447,028 Percent Under Estimate -35.0% 1~ Agenda Information Memo September 4, 2001 G. CONTRACT 00-07. TRUNK HIGHWAY 13 DIVIDED FOUR-LANE UPGRADE ACTION TO BE CONSIDERED: Approve Change Order No. 6 to Contract 00-07 (Trunk Highway 13 - Divided Four-Lane Upgrade) and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • Contract 00-07 provides for the upgrade of Minnesota Trunk Highway 13 to a four-lane divided highway between Yankee Doodle and Silver Bell Road and includes the installation of a new traffic control signal at the intersection of Blackhawk Road. • The revisions detailed in the change order address the removal and disposal of old bituminous within the construction limits, changing manhole step locations in seven different drainage structures, installation of storm sewer pipe, further excavation for a storm sewer, construction of a dry foundation for a storm sewer, and construction of two pipe bulkheads and the filling of an abandoned storm sewer. • City Change Order No. 6 contains six separate work orders provided by MnDOT: • MnDOT W.O. No. 6 addresses the furnishing of labor and equipment to remove and dispose of 356 sq. meters of in-place bituminous that exists in the new median of TH 13. • MnDOT W.O. No. 7 provides the labor and equipment to revise the location of the manhole steps located within seven separate drainage structures. • MnDOT W.O. No. 8 furnishes labor and equipment to install ductile iron pipe instead of reinforced concrete between two drainage structures due to proximity to private utilities. • MnDOT W.O. No. 9 addresses the excavation and backfill of a deeper trench for storm sewer installation, as the existing storm sewer was found to be deeper than initial plans indicated. • MnDOT W.O. No. 10 provides for dry foundation for a storm sewer pipe. Previous soil borings indicated dry soil conditions, but upon excavation, the soil was found to contain water preventing adequate pipe foundation. • MnDOT W.O. No. 11 provides two pipe bulkheads and flowable fill for an in-place culvert pipe that is to be abandoned following construction. • The cost of the additional work is consistent with bid prices for relevant bid items on other projects within the city. • This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for an additional cost of $16,375.55 (0.5% of original contract). The associated cost will be the responsibility of MnDOT(50%) and the City's Major Street Fund(50%). ATTACHMENTS: • MnDOT Work Orders No. 6 through No. 11, pages through i STATE OF MINNESOTA Page 1 of 1 DEPARTMENT OF TRANSPORTATION WORK ORDER NO. 6 Contractor: Palda and Sons, Inc. City of Eagan Proj. No. 709R 1462 Dayton Ave. City of Eagan Contract No. 00-07 St. Paul, MN 5 5104 S.P. 195-010-04 S.P. 1901-137 Location: From Silver Bell Rd. to 490 m N. Mn. Proj. No. HPP MN27(100) of Yankee Doodle Road in Eagan in Dakota County Contract No. L00235 In accordance with the terms of the contract, you are hereby authorized and instructed to do the work described herein. Work to be completed: This Work Order directs the Contractor to furnish labor and equipment and remove and dispose of approximately 356 square meters of 254 millimeters depth of inplace bituminous in the median between T.H. 13 approximate metric Stations 31+160 and 31+251. The bituminous removal an disposal is necessary for the construction of the Project. The removal and disposal of the bituminous will be in accordance with Mn/DOT Specification 2104. All work will be in accordance with the Plans, the Special Provisions, Mn/DOT Standard Plates, Mn/DOT Standard Specifications, and as directed by the Engineer. Payment for all work identified in this Work Order will be at the Negotiated Lump Sum Price of $1,980.00 The estimated cost of this work order is $1,980.00. Number of attached sheets: None Ef fect on Contract Time: Contract time will not be revised except as provided under the Contract Provisions of Mn/DOT Specifications 1806. Distribution: S.P. 195-010-04 Group No. 01 - 1000 The City of Eagan recommends for approval: By: lip- !23 Title: Cx TY F~ G Ins E~~ Date: Aue 15, SOO t Accepted by: Issued by: Pa a an ons, Inc. Mn DOT Date: j ~o • o Date: CC: Resident Office File ly STATE OF MINNESOTA Page 1 of 1 DEPARTMENT OF TRANSPORTATION WORK ORDER NO. 7 Contractor: Palda and Sons, Inc. City of Eagan Proj. No. 709R 1462 Dayton Ave. City of Eagan Contract No. 00-07 St. Paul, MN 5 5104 S.P. 195-010-04 S.P. 1901-137 Location: From Silver Bell Rd. to 490 m N. Mn. Proj. No. HPP MN27(100) of Yankee Doodle Road in Eagan in Dakota County Contract No. L00235 In accordance with the terms of the contract, you are hereby authorized and instructed to do the work described herein. Work to be completed: This Work Order directs the Contractor to furnish labor, equipment and materials and revise the location of the manhole steps located within drainage structure numbers 7, 17, 27, 47, 57, 67 and 77. During construction of these drainage structures, the State and the Contractor had a miscommunication as to the center of the casting and the center of the structure respectively. This miscommunication caused the cast inplace manhole steps to be located incorrectly. The work of this Work Order will include, but not limited thereto, the rotation of the top concrete slab of the drainage structure, the removal of the cast inplace manhole steps and the furnishing and installing of manhole steps at the revised location within the drainage structures. All work will be in accordance with the Plans, the Special Provisions, Mn/DOT Standard Plates, Mn/DOT Standard Specifications, and as directed by the Engineer. Payment for all work identified in this Work Order will be via Mn/DOT Specification 1904, Extra and Force Account Work. The estimated cost of this Work Order is $2,500.00. Number of attached sheets: None Effect on Contract Time: Contract time will not be revised except as provided under the Contract Provisions of Mn/DOT Specifications 1806. Distribution: S.P. 195-010-04 Group No. 01 - 100% The City of Eagan recommends for approval: By:_ PPt., Title: C/1 T( E-NG111e'-2- Date: Auc, 150 2-00 I Accepted by: Issued by: Pa a anQ ons, Inc. Mn DOT Date. Date: 1,9 CC: Resident Office File i STATE OF MINNESOTA Page 1 of 1 DEPARTMENT OF TRANSPORTATION WORK ORDER NO. 8 Contractor: Palda and Sons, Inc. City of Eagan Proj. No. 709R 1462 Dayton Ave. City of Eagan Contract No. 00-07 St. Paul, MN 5 5104 S.P. 195-010-04 S.P. 1901-137 Location: From Silver Bell Rd. to 490 m N. Mn. Proj. No. HPP MN27(100) of Yankee Doodle Road in Eagan in Dakota County Contract No. L00235 In accordance with the terms of the contract, you are hereby authorized and instructed to do the work described herein. Work to be completed: This Work Order directs the Contractor to furnish labor, materials and equipment and install 9.2 meters of 305 millimeter Ductile Iron Class 50 pipe between Structure No. 50 and Structure No. 49 approximate T.H. 13 metric Station 31+891. This storm sewer pipe revision is necessary in order to negotiate between, over and under inplace utilities in the vicinity and yet maintain adequate drainage. All work will be in accordance with the Plans, the Special Provisions, Mn/DOT Standard Plates, Mn/DOT Standard Specifications, and as directed by the Engineer. Payment for all work identified in this Work Order will be at the Negotiated Lump Sum Price of $1,795.55. The estimated cost of this Work Order is $1,795.55. Number of attached sheets: None Ef fect on Contract Time: Contract time will not be revised except as provided under the Contract Provisions of Mn/DOT Specifications 1806. Distribution: S.P. 195-010-04 Group No. 01 - 1000 The City of Eagan recommends for approval: By: Title: C rry E-"j 11J E E ~ Date: A cA (s ( S~ 'Z co Accepted by: ^ Issued by: Jl-f! /C. Pa Ida an sons, Inc. Mn DOT Date:- d - Ali-O / Date: `dam CC: Resident Office File as u it r STATE OF MINNESOTA Page 1 of 1 DEPARTMENT OF TRANSPORTATION WORK ORDER NO. 9 Contractor: Palda and Sons, Inc. City of Eagan Proj. No. 709R 1462 Dayton Ave. City of Eagan Contract No. 00-07 St. Paul, MN 5 5104 S.P. 195-010-04 S.P. 1901-137 Location: From Silver Bell Rd. to 490 m N. Mn. Proj. No. HPP MN27(100) of Yankee Doodle Road in Eagan in Dakota County Contract No. L00235 In accordance with the terms of the contract, you are hereby authorized and instructed to do the work described herein. Work to be completed: This Work Order directs the Contractor to furnish labor and equipment and excavate and backfill an approximate 2.44 meters greater in depth storm sewer pipe trench than the Plan had indicated would be necessary between Structure Numbers 330 and 332 right of T.H. 13 between metric Stations 32+280 and 32+326. The inplace storm sewer pipes are at greater depth than the Plan had indicated. The Contractor has to expend more construction time for this deeper storm sewer pipe trench in order to complete the storm sewer pipe as necessary on this Project. All work will be in accordance with the Plans, the Special Provisions, Mn/DOT Standard Plates, Mn/DOT Standard Specifications, and as directed by the Engineer. Payment for all work identified in this Work Order that excavates and backfills that portion of the storm sewer ipe trench that is greater in depth than the Plan had indicated will be via Mn/DOT Specification 1904, Extra and Force Account Work. The estimated cost of this Work order is $1,600.00. Number of attached sheets: None Ef f ect on Contract Time: Contract time will not be revised except as provided under the Contract Provisions of Mn/DOT specifications 1806. Distribution: S.P. 195-010-04 Group No. 01 - 100% The City of Eagaann recommends for approval: By:_ T2t~' Title: CITY 'ENG/Ne'eiZ Date: Aur, Accepted by: Issued by: Pa a an s, Inc. Mn DOT Date: Date: CC: Resident Office File zL' t STATE OF MINNESOTA Page 1 of 1 DEPARTMENT OF TRANSPORTATION WORK ORDER NO. 10 Contractor: Palda and Sons, Inc. City of Eagan Proj. No. 709R 1462 Dayton Ave. City of Eagan Contract No. 00-07 St. Paul, MN 5 5104 S.P. 195-010-04 S.P. 1901-137 Location: From Silver Bell Rd. to 490 m N. Mn. Proj. No. HPP MN27(100) of Yankee Doodle Road in Eagan in Dakota County Contract No. L00235 In accordance with the terms of the contract, you are hereby authorized and instructed to do the work described herein. Work to be completed: This Work order directs the Contractor to furnish labor, materials and equipment and prepare an adequate dry foundation for the storm sewer drainage between Structure Number 201 and Structure Number 202 located at T.H. 13 Metric Station 32+141.000. The Plan's soil borings indicate that no water should be encountered when constructing this Project. The Contractor has encountered water within the pipe trench excavation. The Contractor has to furnish and install course gravel and furnish, install, maintain and remove a wellpoint dewatering system in order to complete the storm sewer pipe as necessary on this Project. All work will be in accordance with the Plans, the Special Provisions, Mn/DOT Standard Plates, Mn/DOT Standard Specifications, and as directed by the Engineer. Payment for all work identified in this Work Order will be via Mn/DOT Specification 1904, Extra and Force Account Work. The estimated cost of this Work Order is $6,000.00. Number of attached sheets: None Ef fect on Contract Time: Contract time will not be revised except as provided under the Contract Provisions of Mn/DOT Specifications 1806. Distribution: S.P. 195-010-04 Group No. 01 - 100% The City of Eagan recommends for approval: By: Title: Date: Accepted by: Issued by: Pa a an Sons, Inc. Mn OT Date: Date : ,~~Lc Z a CC: Resident Office File ~0-~ 11 V 1 11 STATE OF MINNESOTA Page 1 of 1 DEPARTMENT OF TRAI`1S PORTAT I ON WORK ORDER NO. 11 Contractor: Palda and Sons, Inc. City of Eagan Proj. No. 709R 1452 Dayton Ave. City of Eagan Contract No. 00-07 St. Paul, MN 5 5104 S.P. 195-010-04 S.P. 1901-137 Location: From Silver Bell Rd. to 490 m N. Mn. Proj. No. HPP MN27(100) of Yankee Doodle Road in Eagan in Dakota County Contract No. L00235 In accordance with the terms of the contract, you are hereby authorized and instructed to do the work described herein. Work to be completed: This Work Order directs the Contractor to furnish labor, equipment and materials and construct two pipe bulkheads and flowable fill 47 meters of a 600 mm pipe culvert that will be abandoned inplace below the existing T.H. 13 approximate Station 32+046. The work will include, but not be limited thereto, the above items, the blow pipe, the removal of blow pipe and the restoration of the slope. This pipe could not be removed due to its necessity to maintain drainage and maintain traffic during Stage 1, both at the same time during construction. All work will be in accordance with the Plans, the Special Provisions, Mn/DOT Standard Plates, Mn/DOT Standard Specifications, and as directed by the Engineer. Payment for all work identified in this Work Order will be via Mn/DOT Specification 1904, Extra and Force Account Work. The estimated cost of this Work Order is $2,500.00. Number of attached sheets: None Ef f ect on Contract Time: Contract time will not be revised except as provided under the Contract Provisions of Mn/DOT Specifications 1806. Distribution: S.P. 195-010-04 Group No. 01 - 100% The City of Eagan recommends for approval: By: Title: Date: Accepted by: Issued by: Pa a an Sons, Inc. Mn DOT Date: Date: CC: Resident Office File a3 Agenda Information Memo September 4, 2001 H. CONTRACT 01-07. LEXINGTON AVENUE DIVIDED FOUR-LANE UPGRADE ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 01-07 (Lexington Avenue - Divided Four-Lane Upgrade) and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • Contract 01-07 provides for the upgrade of Lexington Avenue (CSAH 43) to a four-lane divided highway between Lone Oak Road and Yankee Doodle Road and includes the installation of new traffic control signals at the intersections of Northwood Parkway/Neil Armstrong Boulevard and Clubview Drive. • The revisions detailed in the change order address the removal and disposal of waste and material within the construction limits, removal of an abandoned water service, and installation of water services for residential properties. • Change Order No. 1 addresses the removal and disposal of concrete footings found on the old Kuehn Farm property, within the new public right-of-way limits, and the placement of backfill material. In addition, buried tree stumps were encountered along the boulevard and their removal is also desired. • Change Order No. 1 includes the removal of an abandoned 1" water service to the Bulk Mail Center. The service line was apparently installed for the use of a construction trailer during the building of a portion of the Bulk Mail Center. • Change Order No. 1 provides water services for two residential properties north of Northwood Parkway at the request of the property owners. • The cost of the additional work is consistent with bid prices for relevant bid items on other projects within the city. • This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for an additional cost of $9,429.49 (0.23% of original contract). The associated utility costs of $5,069.30 will be the responsibility of the City's Trunk Utility Fund. The associated street costs of $4,360.19 will be the responsibility of the Dakota County Highway Department (55%) and the City's Major Street Fund (45%). ATTACHMENTS: • Change Order No. 1, page and a~ 08/31/01 13:02 $952 912 2601 SEH ASSOC 10002'004 CITY OF EAGAN CHANGE ORDER CONTRACT 9 01-07 CHANGE ORDER 1 PROJECT 771 DATE: August 31, 2001 PROJECT NAME: Lexington Avenue (CSAH 43) Street Improvements ]PROJECT DESCRIPTION: CONTRACTOR: McNamara Contracting ENGINEER: Short Elliott Hendrickson Inc. 5001 160 Street West 10901 Red Circle Drive, Suite 200 Rosemount, MN 55068 Minnetonka, NIN 55343 DESCRIPTION OF CHANGE ORDER WORK: Section A - The removal of abandoned 1" water service to Bulk Mail Center. Section B - Water service construction for residential properties. Section C - The removal and disposal of concrete footings found on Kuehn Farm. Also includes the replacement of backfill material. Section D - The removal and disposal of stumps buried along Lexington Avenue boulevard. JUSTIFICATION FORIPUR.POSE OF CHANGE ORDER: Section A - Grading crew hit unmarked curb box in boulevard of Bulk Mail Center and the service was not shut off. It was determined that the service was abandoned but never turned off. The City requested the service be turned oft. The contractor dug up the service line and capped it at the watermain. Section B - The installation of 1" water services for 2 residential properties along the west side of Lexington Avenue. These services were omitted from the original plan. The property owners have signed Waiver and Assessments for these services. Section C - Concrete footings were found in the boulevard when grading operations started on the Kuehn Fann, east side of Lexington north of Yankee Doodle Road. The footings needed to be removed because they were within the project limits. For disposal of the footings, SEH and the contractor agreed on an hourly rate for equipment time, along with truck and disposal fees. Section D - Stumps and debris were found in the easterly boulevard during excavation. These materials needed to be removed and disposed of off site. Equipment time, truck and disposal fees were agreed on by SEH and the contractor for the necessary removals. 1 08%31%01 13:02 $952 912 2601 SEH ASSOC fj003%004 DESCRIPTION OF WORK )ITEMS: Section A Contract Item Unit Quantity Unit Price Quantity Amount Abandon 1" Water Service LS 1 $2,566.80 1 $2,566.80 Total Section A $2,566.80 Section B Contract Item Unit Quantity Unit Price Quantity Amount 1" Curb Box and Corporation EA 2 $350 2 $700 1" Copper Service LF 63 $25 63 $1,575.00 Subtotal Section C $2,275.00 10% Prime Contractor's Mark up $227.50 Total Section B $2,502.50 Section C Contract item Unit Quantity Unit Price Quantity Amount RemovaVDisposal of Concrete Footings LS 1 $1,628.59 1 $1,628.59 Total; Section C $1,628.59 Section D Contract Item Unit Quantity Unit Price Quantity Amount Removal/Disposal of Stumps LS 1 $2,731.60 1 $2,731.60 Total Section D $2,731.60 Total Section A $2,566.80 Total Section B $2,502.50 Total Section C $1,628.59 Total Section D $2,731.60 Total Change Order No. 1 $9,429.49 CONTRACT STA'T'US TIME/COMPLETION DATE AMOUNT Original Contract: August 15, 2002 $4,175,117.24 Change Order: No Change/August 15, 2002 $9,429.49 Subtotal of Previous Change Orders: $ 0 This Change Order: $9,429.49 New Subtotal of All Change Orders: $9,429.49 Revise Contract: $4,184,546.60 Percent Increase or Decrease for th is Change Order to Original Contract Amount: 0.23% Percent Increase or Decrease for Total of All Change Orders to Original Contract Amount: 0.23% RECOMMENDED FOR APPROVAL: By: By: Project Manager Contractor By: Date: City Department Manager 2 u it r i Agenda Information Memo September 4, 2001 1. CONTRACT 01-13, JULY 2000 STORM MITIGATION IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 01-13 (July 2000 Storm Mitigation Improvements) and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • Contract 01-13 provides storm water drainage system mitigation improvements in a portion of the areas affected by the July 2000 Super Storm throughout the City of Eagan. • The revision detailed in the change order addresses the removal of pond grading and extension of a storm sewer for Meadowlark Road (Project No. 816), and the addition of storm sewer for White Oak Court (Project No. 816). This segment of the change order reduces the contract by $25,635. • Change Order No. 1 addresses the removal of pond grading originally proposed northeast and northwest of Meadowlark Ridge Townhomes, as well as the extension of a 36" storm sewer, as part of Project No. 816 (Meadowlark Road). This segment of the change order adds $59,925 to the contract. • Change Order No. 1 adds storm sewer and grading improvements into the contract that were outlined and discussed for White Oak Court (Project No. 848) in the Preliminary Design Report (April 2001) and included in the original base bid, but were not awarded. An emergency overflow east of White Oak Court has been deleted from the original proposal, but a berm on the west side of White Oak Court has been added. With these revisions, the affected property owners were willing to dedicate the necessary easements. • The cost of the additional work is consistent with bid prices for relevant bid items on other projects within the city. • This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for a net additional cost of $34,290.00 (2.90% of original contract). The associated cost will be the responsibility of the City's Storm Sewer Trunk Fund. ATTACHMENTS: • Change Order No. 1, page through. a-7 dt~rofrsogan CHANGE ORDER NO. 1 CLIENT PROJECT NO.816-819,821,827,833-836,848 Date: July 30, 2001 CLIENT CONTRACT NO. 01-13 BRA FILE NO. 49-01-112 PROJECT DESCRIPTION CITY CONTRACT 01-13 - JULY 2000 STORM MITIGATION IMPROVEMENTS Barbarossa & Sons Inc. Engineer: Bonestroo, Rosene, Anderlik 11000 93rd Ave. N. PO Box 367 & Associates, Inc. Osseo, MN, 55369 2336 West Highway 36 St Paul, MN 55113 DESCRIPTION OF CHANGE ORDER WORK: Part A and B: Meadowlark Road (Project No. 816): Delete grading of northeast pond and northwest pond, extend 36" storm sewer. Part C: White Oak Court (Project No. 848): Add work back into contract based on bid received not including emergency overflow east of White Oak Court and adding berm west side of White Oak Court. JUSTIFICATION FOR / PURPOSE OF CHANGE ORDER Contract Unit Total No. Item Unit Quantirv Price Amount CHANGE ORDER NO. 1 - Meadowlark Road (Project No. 816) Part A - Storm Sewer Deducts 1 Clearing and grubbing - northeast LS 1 (52,504.00) (S2,500.00) 2 Pond excavation (EV) - northwest CY 655 (59.00) (55,895.00) 3 Pond excavation (EV) - northeast CY 6850 ($7.00) (547,950.00) 4 36" RCP flared end section, incl trash guard EA 2 (52,000.00) (54,000.00) 5 15" storm sewer, a-8' deep LF 20 (538.00) (5760.00) 6 15" RCP flared end section EA 1 (5600.00) ($600.00) 7 Connect to existing catch basin or manhole EA 1 (5600.00) ($600.00) Total Part A - Storm Sewer Deducts (562,305.00) Part B - Storm Sewer Adds 8 Common borrow (LV) CY 2400 $6.00 514,400.00 9 36" storm sewer, 0'-8' deep LF 120 591.00 $10.920.00 10 6' diameter storm sewer MH EA 1 S2,900.00 $2,900.00 11 15" RCP flared end section w/trash guard EA 1 $850.00 $850.00 a~ 12 36" LR bend EA 7 5800.00 55.600.00 Total Part B - Storm Sewer Adds $34,670.00 Part C - White Oak Court (Project No. 848) 13 Mobilization LS 1 $5,000.00 $5,000.00 14 Traffic control LS 1 52,000.00 52,000.00 15 Clearing and grubbing LS 1 S21000.00 52,000.00 16 Transplant Tree EA 1 $200.00 5200.00 17 Transplant Shrub EA 6 $100.00 $600.00 18 Remove concrete curb and gutter LF 40 55.00 5200.00 19 Remove bituminous pavement SY 100 $5.00 $500.00 20 Shape to drain LS 1 52,000.00 52,000.00 21 Remove storm sewer pipe LF 100 $10.00 S1,000.00 22 Remove manhole or catch basin EA 1 5600.00 5600.00 23 Remove landscaping SY 30 510.00 5300.00 24 Insulate pipe, 3" thick SY 10 520.00 $200.00 25 24" storm sewer, 0'-8' deep LF 115 548.00 55,520.00 26 24" storm sewer, 8'-10' deep LF 90 $49.00 54,410.00 27 21 " storm sewer, 0'-8' deep LF 75 550.00 S3,750.00 28 Construct 5' MH over existing pipe EA I 52,900.00 $2,900.00 29 Construct 5' CBMH over existing pipe EA 1 $2,200.00 $2,200.00 30 4' diameter storm sewer MH EA 1 $1,600.00 S1,600.00 31 4' diameter storm CB.MH EA 1 $1,700.00 S1,700.00 32 4' dia storm sewer CBMH, inc R-4342 cstg EA 1 $1,650.00 $1,650.00 33 21 " LR bend EA 7 $600.00 $4,200.00 34 Connect ex. drain tile to structure EA 1 $300.00 $300.00 35 Subgrade preparation - stmt SY 100 $6.00 5600.00 36 Aggregate base, Class 5,100% crushed TN 40 $20.00 5800.00 37 Salvaged aggregate (CV) CY 10 520.00 5200.00 38 Bituminous base course, Type 31 B TN 15 $100.00 51,500.00 39 Bituminous wear course, Type 41 A TN 10 $100.00 S1,000.00 40 Bituminous material for tack coat GAL 5 510.00 550.00 41 D412 surmountable concrete curb and gutter LF 40 520.00 5800.00 42 Sawing bituminous pavement LF 60 $5.00 5300.00 43 Structure marker sign EA 3 $45.00 S135.00 44 Improved pipe foundation LF 300 $2.00 5600.00 aq 45 Protection of catch basin in street EA 2 $60.00 S120.00 46 Protection ofcatch basin, non-street EA I $60.00 $60.00 47 Street Sweeper with pick up broom with operator HR 2 $85.00 S170.00 48 Water for dust control 1000 GAL 5 540.00 $200.00 49 Sodding type lawn SY 2000 $3.00 56,000.00 50 Topsoil borrow (LV) CY 380 512.00 54.560.00 Total Part C - White Oak Court: $59,925.00 Total Part A - Storm Sewer Deducts (560.305.00) Total Part B - Storm Sewer Adds 534,670.00 Total Part C - White Oak Court: 559.925.00 TOTAL CHANGE ORDER NO.1 534,290.00 CONTRACTSTATUS TIME/COMPLETION DATE AMOUNT Oringal Contract: $1,182,988.00 Change Order: $34,290.00 Subtotal of Previous Change Orders: $0.00 This Change Order: $34,290.00 New Subtotal of all Change Orders: $34,290.00 Revise Contract: $1,217,278.00 Percent Increase or Decrease for this Change Order to Original Contract Amount: -2% Percent Increase or Decrease for total of all Change Ordrs to Original Contract Amount: -2% RECOMMEN ED FOR APP VAL B : Date: B Date: fZ ( ! v NojecNonage, ntract By: Date: Cirv Department Manager City of Eagan Council Action: Mayor: Clerk: Approval Date: Distribution cc: i - City 2 - Contractor 1 - Engineer I -Bonding Company Change Order al.xts I Agenda Information Memo September 4, 2001 Eagan City Council Meeting J. SELECTION OF CONSULTING ENGINEERING FIRMS ACTION TO BE CONSIDERED: Approve the recommendation of the Public Works Committee regarding the retention of professional consulting firms and authorize the Mayor and City Clerk to execute all related contractual agreements. FACTS: • One of the goals that the City Council established during 2000 was the solicitation and selection of professional retained services for the City. As such, the Council directed staff to complete the necessary process for the Technical and Engineering related services during 2001. • In response, the staff solicited Statements of Qualifications (SOQ) from all interested firms through invitation and placement of advertisements in the local legal newspaper and trade journal. As a result, the City received SOQ's from 25 different firms expressing an interest in a variety of 10 different areas of expertise. • Two main categories of services were established: 1) General Municipal Engineering Services; and, 2) Technical Specialty Services. It is anticipated that there will be a continuing need for the current concept of a pool of 3 engineering firms to provide ongoing general municipal engineering services for the City based on the City's 5 year Capital Improvement Program (CIP). Also, the City has needs for a variety of technical and specialty services that can be better provided by the respective designated firm than through one of the general municipal firms. • All SOQ proposals were reviewed by the staff screening committee consisting of the City Administrator, Public Works Director, Parks & Recreation Director and City Engineer. This committee identified 5 firms to be further evaluated through formal interviews by the Council/Staff Evaluation Committee consisting of the staff screening committee and the Council Public Works Committee (Councilmembers Bakken and Fields). The Evaluation committee's recommendations are enclosed for the Council's consideration and approval. • For each of the 9 Technical/Specialty areas, the staff Screening Committee reviewed the SOQ's and selected 2-3 qualified firms felt best suited to the City of Eagan for that respective area of service. The staff screening committee's recommendations are enclosed for the Council's consideration and approval. ATTACHMENTS: • Recommendation memo, pages- through. u it r r MEMO city of eagan TO: MAYOR AND CITY COUNCIL % THOMAS L. HEDGES, CITY ADMINSTRATOR FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: AUGUST 31, 2001 SUBJECT: CONSULTING ENGINEERING SERVICES SOLICITATION, EVALUATION AND RECOMMENDATION PROCESS As authorized by Council action, the City staff initiated a public advertisement and solicitation for Statements of Qualifications (SOQ) for professional consulting engineering services. Of the 25 proposals received, 9 expressed an interest in the General Municipal Engineering category. This would be for consulting services associated with various ongoing public improvement projects. After review of the SOQ's by the Staff Screening Committee, 5 firms were short-listed and formally interviewed on Thursday, August 30 by the Council/Staff Evaluation Committee (Public Works Committee members Bakken and Fields). The following firms are being recommended for formal ratification by the City Council to be used for General Municipal Engineering Services for the next 5+1- years. • Bonestroo, Rosene Anderlik & Assoc. Inc. (BRAA) • Short, Elliot, Hendrickson & Assoc. Inc. (SEH) • WSB and Assoc. (WSB) Formal interviews were not held for the Technical/Specialty Engineering Services categories. Because of their occasional and/or specialty use, recommendations for specific firms were based on the SOQ submittals and a determination regarding the best fit for the City's needs as a part of this overall process. The following firms are subsequently being recommended for each category: Architectural (Structural and Landscape) Natural Resources • SEH • Ban Engineering • SRF Consulting Group • BRAA • Oertal Architects • WSB • Sanders, Wacker, Bergley, Inc. (SWB) Soils and Material Testing Communications • American Engineering and Testing (AET) • LJK and Assoc., Inc. • Braun Intertec • PSC Alliance, Inc. • McGhie & Betts, Inc. • SEH Structural Electrical/Mechanical • SEH • BRAA • URS • SEH Traffic/Transportation Land Surveying • SEH • SEH. • SRF • SRF Planning/Studies • Sunde Land Surveying • Sanders, Wacker, Bergley, Inc. (SWB) In summary, this memo is forwarding the recommendation of the Public Works Committee for 14 different firms to provide various professional services for all anticipated needs in the near future. These formal designations will allow the City to be able to readily retain the most appropriate and qualified firm to provide professional services very quickly and efficiently. Maintaining continuity of firms allows Consultants to dedicate the appropriate personnel to become familiarized with the standards, criteria, city personnel and processes needed for a successful project. This has been a very time consuming, enlightening and rewarding process. The quality of all the proposals submitted was very impressive and the vast majority of all applicants were very well qualified for the various professional services. It was a difficult task to try and identify these firms who will be able to provide the best service to the City of Eagan during the next 5+1- years. My appreciation is extended to all who participated in this process. I am confident that the City and its citizens will be the benefactor of its outcome. If any additional information regarding this process would be helpful, please let me know. Thomas A. Colbert, P.E. C: Ken Vraa, Director of Parks and Recreation Russ Matthys, City Engineer 34 Agenda Information Memo September 4, 2001 K. PROJECT 797, LETENDRE 1sT & 2ND - STREET OVERLAY FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 797 (Letendre 1St & 2°d - Street and Utility Improvements) and schedule a public hearing to be held on October 2, 2001. FACTS: • Project 797 provided for the street rehabilitation/overlay of the streets within the Letendre 1St and 2°d Additions (Letendre Street, Heritage Lane and the Donald Avenue cul-de-sac) and included minor sanitary sewer and water main improvements to accommodate the street improvements. • This project, constructed under Contract 01-01, has been completed, all costs tabulated, and the final assessment roll prepared. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. Agenda Information Memo September 4, 2001 L. PROJECT 798, CANTERBURY FOREST/WEDGEWOOD 1sT STREET OVERLAY FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 798 (Canterbury Forest/Wedgewood 1St - Street and Utility Improvements) and schedule a public hearing to be held on October 2, 2001. FACTS: • Project 798 provided for the street rehabilitation/overlay of the streets contained within Canterbury Forest and Wedgewood 1St Addition (Tiffany Circle, Tiffany Place, Tiffany Court, Tiffany Point, Wedgewood Lane - North and South, and Wedgewood Drive), and included minor sanitary sewer and water main improvements to accommodate the street improvements. • This project, constructed under Contract 01-01, has been completed, all costs tabulated and the final assessment roll prepared. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. Ve u ~ H Agenda Information Memo September 4, 2001 Eagan City Council Meeting M. CONTRACT 01-6A, BLUE GENTIAN ROAD EXTENSION STREET GRADING ACTION TO BE CONSIDERED: To approve the final payment for Contract 01-6A (Blue Gentian Road Extension - Street Grading) in the amount of $58,929.80 to Max Steininger, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 01-6A provided for the earthwork street grading of Blue Gentian Road from Blue Water Road to Highway 55 in preparation for future street improvements under City Contract 01-6B, Blue Gentian Road - Street and Utility Improvements. • The work has been completed, inspected by representatives of the Public Works Department and found to be in compliance with the approved plans and specifications, and is in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. 37 Agenda Information Memo September 4, 2001 N. CONTRACT 01-13. JULY 2000 STORM MITIGATION IMPROVEMENTS ACTION TO BE CONSIDERED: To receive the feasibility report for Project 848 (White Oak Court - Storm Drainage Mitigation Improvements) and approve the project. FACTS: • On August 7, 2001, the City Council awarded Contract 01-13 (July 2000 Storm Mitigation Improvements - Areas 1, 3, 4, 9 and 10) with the deletion of White Oak Court, Project 848, and authorized the preparation of a feasibility report identifying alternative solutions for White Oak Court. • The revised drainage improvements adjust the storm sewer alignment slightly from what was discussed for White Oak Court (Project No. 848) in the Preliminary Design Report (April 2001). The emergency overflow east of White Oak Court discussed in the PDR has been deleted, but a berm on the west side of White Oak Court has been added. • A feasibility report has been completed and is being presented to the City Council for their information and consideration of approving the project for construction with the previously approved storm mitigation improvements. • City staff have met with the impacted property owners and received neighborhood consensus on the revised improvements. ATTACHMENTS: • Feasibility Report, page through. 3g WHITE OAK COURT Bonestroo FEASIBILITY REPORT r Rosene Project No. 848 Anderlik & August 27, 2001 Associates I city of eagan File No. 49-01-112 Engineers b Architects DISCUSSION: The plans/specification for the July 2000 Storm Mitigation Improvements for White Oak Court provide for the following: • Upgrade existing 12" storm sewer west and east of White Oak Court to a 21" and 24" respectively (24" storm sewer east of White Oak Court would be realigned north of the existing 12" storm sewer). • Interconnect new 21" and 24" storm sewer with existing 12" storm sewer in White Oak Court to Mahogany Way • Construct emergency overflow (EOF) east of White Oak Court over 24" storm sewer. The residents east of White Oak Court have indicated a willingness to grant the easement for the 24" storm sewer pipe, however not the construction and grading associated with providing an EOF. After further review and interaction with all the residents, an acceptable alternative (as shown on attached drawing C5.12) is as follows: • Do not construct EOF east of White Oak Court. However, the EOF elevation west of White Oak Court would be raised to elevation 958.4 (approximately 1.5'-2.0'), preventing storm water overflow to the backyard area west of White Oak Court. The EOF for the low point in White Oak Court would then be provided at the intersection of Mahogany Way, where the existing EOF elevation in the north gutter of Mahogany Way is 956.7. In addition to the above revision, the eroded area located in the EOF for Mahogany Way east of White Oak Court will be re-graded and repaired. The location is shown on the attached drainage area map. The 21" and 24" storm sewer design provides for the following • A storm event similar to the July 2000 storm will be contained in the low point of White Oak Court and not overflow at Mahogany Way. The overflow elevation in Mahogany Way is below the low entry elevations abutting White Oak Court. • The low backyard area west of White Oak Court during storm events greater than July 2000 will flood from its direct drainage area before a backflow condition occurs from the low point in White Oak Court. • The catch basin manhole structure at the east end of the proposed 24" storm sewer and the existing 12" storm sewer will overflow during storm events larger than 4.8". K:\49`.4901112\Word\Work_ln_Progress\WhiteOakCtFeas Repo rt.doc 3 1 i COST ESTIMATE The project as proposed results in a slight cost reduction from the bids received after deleting the EOF grading and landscape east of White Oak Court. The estimated construction cost based on changes proposed herein is $59,925, compared to the initial bid of $60,580. A detailed cost breakdown is attached. EASEMENTS: Easements are required from five properties as listed below: Oak Cliff 4th Edition Lot 1, Block 2 Lot 2, Block 2 Lot 3, Block 2 Lot 8, Block 2 Lot 9, Block 2 At the time of this report writing, three of the four property owners have signed, while the other m-o have indicated they will sign. RECOMMENDATION: White Oak Court, based on the work and revisions proposed in this Feasibility Report, be added back in by Change Order to Contract No. 01-13 provided all easements are signed. 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MINNESOTA JULY 2000 STORM MITIGATION IMPROVEMENTS Al SEMIER I-MOVENENIS - M OE OAK Miff V ! IL II 1 ~ L t~ - ~ 1. , •1 ~ ~ - ( _ J ~cl Agenda Information Memo September 4, 2001 0. SUNCLIFF FIRST ADDITION (LOT 13, BLOCK 1) EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage and utility easements for Lot 13, Block 1, Suncliff First Addition (4277 Sunrise Road) and schedule a public hearing to be held on October 2, 2001. FACTS: • On August 20, 2001, City staff received a letter from Raj and Kavita Khanchandani, requesting the vacation of a portion of the existing drainage and utility easement on Lot 13, Block 1, Suncliff First Addition (4277 Sunrise Road). • The easement was originally dedicated to the City as part of the Suncliff First Addition for drainage and utility purposes. The side lot easement is a standard plat dedication to accommodate site drainage and possible future utility uses. • The purpose of the request is to allow Mr. and Mrs. Khanchandani to construct a four-season porch on an existing deck on Lot 13. The configuration of the proposed porch would encroach further onto the existing drainage and utility easement that the existing deck already does. • Notices will be published in the legal papers and sent to all potentially affected or interested utilities for comment prior to the scheduled public hearing. ISSUES: • The request would vacate the portion of the existing easement needed for the proposed four- season porch. Although it does not appear that the proposed porch will adversely affect site drainage, City engineering staff is not supportive of the encroachment on the easement adjacent to a public right-of-way. The existing electric main would be only 2 feet from the proposed structure. ATTACHMENTS: • Request Letter/ Legal Description, agew_. • Easement Vacation Exhibit, page. 45 i RECEIVED AUG 2 0 2001 To EAGAN City of Eagan ENGINEERING DEPARTMENT I request the easement Vacation The North Fast 3.0 feet of the South West 10 feet and North West 23.0 feet of the South East 62.17 feet of lot 13,Block i Sun Cliff First addition. We want to build 4 season porch on our existing deck . Though there is no Gas or Electric lines running under this area The electric line is 2 feet away. As for electric line diging concern 4 feet(2 feet on each side) is more than enough for residential house. We will not damage any electric line . Thanks Sincerely Raj and Kavita Khanchandani r La a LL99 999 L99 !upueyoueyy{ fea nd VZ £ 1002 LL 3snOny AepU-1 II 11 i` i Friday August 17 2001 24 PM Rai Khanchandni 651 588 8677 p 02 i / V v % ~ v O A " Ob• 3 C]31VOAVA 3e Ol b3dd I P! .40 i .112 # O~ ~S Ks -ON _ ~ _ Agenda Information Memo September 4, 2001, Eagan City Council P. FINAL SUBDIVISION (GRAND OAK THREE) - INTERSTATE PARTNERS, LLC ACTION TO BE CONSIDERED: To approve a Final Subdivision (Grand Oak Three) to create two lots on approximately 22 acres located between north of Hwy. 55 and east of Blue Water Road in the NE 1/4 of Section 2. FACTS: • The Council approved the preliminary subdivision on May 15, 2001. • All necessary documents are anticipated to be received and in order for execution at the regular meeting of the City Council on September 4, 2001. ATTACHMENTS: Final Plat, page X14 I 1 W Vrojim:195491-016 GRAND OAK IWwS\Fi d Plat-6.14-2001.dw& PIAT_P2. 06/15=1 08:37:33 AK COLOR-PRO.pc3. DES m 9 -ci r, I • Al v j C) T solo, N ~ t~ C- ~ l yRy O C , Dll x j= - Ch 3h1w ~vv vi~vav L J Agenda Information Memo September 4, 2001 Eagan City Council Meeting Q. CONTRACT 01-04, CENTRAL PARKWAY/ NORTHWOOD PARKWAY & COMMUNITY CENTER STREET, UTILITY & GRADING IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 01-04 (Central Parkway/Northwood Parkway & Community Center - Street, Utility & Grading Improvements) and authorize the Mayor and Deputy Clerk to execute all related documents. FACTS: • Contract 01-04 provides for the street and utility improvements for Central Parkway from Yankee Doodle Road to Pilot Knob Road and Northwood Parkway approximately 400 feet east of Pilot Knob Road (City Project No. 790R). It also provides for grading and utility improvements on the Community Center/Central Park site, as authorized by the City Council with approval of the Central Park Master Plan. • The change order provides for the site grading and sanitary sewer relocation necessary to prepare the area on the east side of the Central Park site near Pilot Knob Road for the drilling of Well No. 20 (approved by the City Council July 17, 2001) and the future construction of the planned well house/ park pavilion building and parking lot. • Site grading for Well No. 20, well house/park pavilion building and parking lot under this change order can best be carried out with the adjacent Central Parkway and Community Center grading to help balance excavation and embankment quantities. The sanitary sewer relocation is necessary to satisfy the 50-foot horizontal separation between municipal wells and sanitary sewers required by the Minnesota Department of Health. • The additional work under this change order is to be completed under the original contract bid unit prices, with the exception of the work to abandon the existing sanitary sewer. The unit price to fill and abandon the existing sewer pipe is a negotiated price consistent with similar work under previous City projects. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for an additional cost of $45,131.25 (2.1% of original contract). The cost of the additional work will be the responsibility of the City Water Trunk Fund and the allocated funds for the Central Park site. ATTACHMENTS: • Change Order No. 1, pages through. u it a - It l city of eagan CONTRACT 01-04 CHANGE ORDER 1 PROJECT 803 DATE: August 28, 2001 PROJECT NAME: Central Parkway, Northwood Parkway & Community Center PROJECT DESCRIPTION: This contract provides for the new construction of streets and utilities for Central Parkway and the site grading and preparatory work for the Community Center/ Central Park. CONTRACTOR: C.S. McCrossan. Inc. ENGINEER: SRF Consulting, Group, Inc. 7865 Jefferson Hwy.. Box 1240 Ci of Eagan Maple Grove MN 55311-6240 DESCRIPTION OF CHANGE ORDER WORK: This change order provides for the site grading and sanitary sewer relocation necessary to prepare the area on the east edge of the Community Center/ Central Park site near Pilot Knob Road for the drilling of Well No. 20 (City Project No. 811) approved by the City Council July 17, 2001, and the future construction of the well house/ park pavilion building and parking lot. JUSTIFICATION FORIPURPOSE OF CHANGE ORDER: The original contract provides for the site grading of Central Parkway street and the Community Center/ Central Park site. Site grading for Well No. 20, well house/ park pavilion building and parking lot under this change order can best be carried out with that adjacent grading to help balance excavation and embankment quantities. The sanitary sewer relocation is necessary to satisfy the 50-foot horizontal separation between municipal wells and sanitary sewers required by the Minnesota Department of Health. The additional work under this change order is to be completed under the original contract bid unit prices, with the exception of the work to abandon the existing sanitary sewer. The unit price to fill and abandon the existing sewer pipe is a negotiated price consistent with similar work under previous City projects. 2104.501 Remove Sewer Pipe (Storm) LIN FT 120 $12.60 $1,512.00 2104.509 Remove Pipe Apron EACH 2 $150.00 $300.00 2104.509 Remove Manhole or Catch Basin EACH 2 $270.00 $540.00 2104.505 Remove Bituminous Pavement SO YD 1,835 $0.75 $1,376.25 2104.501 Remove Curb and Gutter LIN FT 1,565 $2.60 $4,069.00 2104.513 Sawing Bit Pavement (Full Depth) LIN FT 70 $4.00 $280.00 2506.501 8" PVC, SDR 35 Sanitary Sewer Service LIN FT 290 $20.10 $5,829.00 2506.502 Construct Sanitary Manhole EACH 1 $2,251.00 $2,251.00 2506.516 Casting Assembly EACH 1 $465.00 $465.00 2506.602 Connect to Existing Manholes (San) EACH 2 $1,602.00 $3,204.00 2531.501 Concrete Curb & Gutter 8618 LIN FT 70 $7.80 $546.00 2104.501 Fill Existing PVC Sewer w/ Flowable Grout LIN FT 200 $15.00 $3,000.00 2506.603 Reconstruct Drainage Structure LIN FT 7 $277.00 $1,939.00 2105.501 Common Excavation CU YD 8,600 $2.10 $18,060.00 2573.502 Silt Fence Type Machine Sliced LIN FT 800 $2.20 $1,760.00 Total Change Order No. 1 - Wellhouse #20 Grading & Sanitary Sewer $45,131.25 W u it r u CONTRACT STATUS TIME/CONIPLETION DATE AMOUNT Original Contract: September 15, 2001 $2,136,473.27 Change Order: September 15, 2001 $45,131.25 Subtotal of Previous Change Orders: $ N/A This Change Order: $45,131.25 New Subtotal of All Change Orders: $45,131.25 Revise Contract: $2,181,604.52 Percent Increase or Decrease for this Change Order to Original Contract Amount: +2.1% Percent Increase or Decrease for Total of All Change Orders to Original Contract Amount: +2.1% RECOMMENDED FOR APPROVAL: 1~.. (.Ok= By: G By: =!:t, Project Manage Contractor By: Date: 08-3 t-o% City Department Manager City of Eagan Council Action: Mayor: Clerk: Date: DISTRIBUTION 1 - City 2 - Contractor 1 - Engineer QCHANGE ORDERS/01.04 #1 -Cenvai Parkway Agenda Information Memo September 4, 2001 R. HARVEY'S HERITAGE ADDITION (LOT 3, BLOCK 1) EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on October 2, 2001. FACTS: • On August 23, 2001, City staff received a letter from Greg Yakovlev, requesting the vacation of a portion of the existing drainage and utility easement on Lot 3, Block 1, Harvey's Heritage Addition (1375 Braun Court). • The easement was originally dedicated to the City as part of the Harvey's Heritage Addition for drainage and utility purposes. The side lot easement is a standard plat dedication to accommodate site drainage and possible future utility uses. • The purpose of the request is to allow Mr. Yakovlev to keep an existing storage shed that a portion was inadvertently constructed on the drainage and utility easement. The request would vacate only the portion of the existing easement needed to keep the shed in its current place. City staff have been consulted, and determined that the location of the constructed shed will not adversely affect the site drainage and current utilities. • Notices will be published in the legal papers and sent to all potentially affected or interested utilities for comment prior to the scheduled public hearing. ATTACHMENTS: • Request Letter, page_S-3. • Easement Vacation Exhibit, page t. S~ II lI B August 23, 2001 City of Eagan Council 3830 Pilot Knob Road Eagan MN 55122-1897 Dear Eagan City Council, This letter is to request a vacation of easement per the attached petition. The reason for the request is that I built a storage shed in such a location as to save the 3 very mature trees in the adjacent area. I even notched the shed to do so. However, I inadvertently infringed on the easement by 23 inches. This is in such a location as to not be seen by anyone as it is behind a fence built by my neighbor. There are no utility lines found by Gopher State One on my rear property line (digging #447316). I respectfully request a variance to this easement. Greg Yakovlev 1375 Braun Court Eagan MN 55123 Ph (651)454-3059 53 L of )-S y ~ ~d • s NE Cj= t 137.5 F:>-4uv\ C+ n 0 Commencing at the NE comer of Lot 3, Block 1, Harvey's Heritage o Addition, Dakota County, thence along the NE line of said Lot 3 a distance of 13.00 feet, thence left 90 degrees a distance of 3.00 feet to the point of beginning of the area to be vacated, thence continuing along said line a I distance of 2.00 feet, thence right 90 degrees a distance of 11.00 feet, thence right 90 degrees a distance of 2.00 feet, thence right 90 degrees to the point of beginning and there ending. 5~ Agenda Information Memo September 4, 2001 Eagan City Council Meeting S. APPROVE XCEL ENERGY BUNDLE 3 PACKAGE AS THE ENERGY PACKAGE FOR THE COMMUNITY CENTER ACTION TO BE CONSIDERED: Approval of the Bundle 3 energy package as proposed by Xcel Energy and the Weidt Group/ Energy Alternatives as the energy alternative used in the Community Center. FACTS: • In early 2001, Xcel Energy, working with the Weidt Group/ Energy Alternatives proposed three energy packages ("bundles") to the City of Eagan to be considered in the construction of the Community Center. • Each energy bundle incrementally improved energy efficiency and long term cost savings over the base energy cost. • There were three bundles to consider. Each one included all the features of the "lower" bundle and improved on them • Financial incentives are offered for each of the bundle packages, increasing incrementally with each bundle package. Bundle Package 3 provides a $60,000 incentive, with an anticipated payback rate of 2.6 years. • The bundle packages were presented to the Operational Committee on August 27, 2001. The benefits of each package were discussed and compared. After careful review, the Committee decided to recommend Bundle Package 3. • Bundle 3 offers the most benefits when installed during the building's construction. It is the most energy efficient of the packages, offers the greatest financial incentive, and will pay itself back in energy savings cost in the least amount of time. • Because there will be additional costs to implement these energy saving measures beyond the incentive, it was the recommendation of the subcommittee that the additional costs are derived from the Community Investment Fund. ATTACHMENTS: • 1. Memo from Ken Vraa, Director of Parks and Recreation, and Beth Wielde, Research and Special Projects, Parks and Recreation, dated July 16, 2001, pgs 5(0--LPD W i MEMO - city of eagan TO: Tom Hedges, City Administrator FROM: Ken Vraa, Director of Parks and RecreatioA Beth Wielde, Research and Special Projects, Parks & Recreation DATE: July 16, 2001 SUBJECT: Xcel Energy/ Weidt Group Incentive Program The City has been working with Xcel Energy and the Weidt Group to develop a strategy for the most efficient and effective energy use plan for the Community Center facility. Discussion between the Weidt Group, City staff, and architects TKDA has resulted in alternatives for an energy savings plan that includes financial incentives. The strategy is laid out threefold; first, meet the statutory energy code requirements; second, the base energy elements already included in the design and development plans for the Community Center, and third, "Bundles of alternatives" offered by Xcel Energy, which reduce energy consumption, peak-loads- that qualify for incentives. Bundle Strategy Bundles are comprised of energy saving fixtures and equipment. Each bundle becomes more efficient and cost-effective as it moves up the hierarchy. To understand the way the bundles add to the energy efficiency, it is important to examine the base elements, as described by the Weidt Group: • Low E glazing in windows • R-16 Wall insulation • Occupancy sensor control of private offices and storage/ small restroom areas • Dual/multilevel switching of lighting in private offices, gymnasium, community rooms, fitness/cardio, party/craft/ indoor play areas, performance/aerobic space, and senior lounge • Manual dimming control of lighting in community room and teen center • Gymnasium lighting at 0.80-1.00 W/s.f. • Teen Center lighting at 0.90-1.10 W/s.f. • Air-cooled chiller at 1.23 kW/Ton • Gas boiler at 83% efficiency • Variable speed drives on variable volume air handler(s) Bundle 1 would add features to these base elements, which the design team has determined are likely to be implemented: • Premium efficiency fan and pump motors • CO2 control of outside air Bundle 2 adds to the base elements and Bundle 1 elements: • R-20 wall installation • Air-cooled chiller at 1.16 kW/Ton • Gas boiler w/ condensing technology (higher seasonal efficiency) • Variable speed drives on heating and cooling water pumps Bundle 3 adds to the base elements and Bundles 1 and 2: • Stepped daylighting control in circulation spaces • Sensible heat recovery. Cost Effectiveness The following charts (Figures 1 through 4) from the Weidt Group illustrate the energy savings with each of the bundles. The energy savings are directly proportional to the monetary savings. Figure 1 Annual Electrical Peak, KW 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Code Base Cost Base 122 Bundle 1 230 Bundle 2 248 Bundle 3 250 Figure 2 Annual Electrical Energy Use, KWH 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Code Base Cost Base 279,520 Bundle 1 392,687 Bundle 2 438,815 Bundle 3 447,982 1 Figure 3 Annual Natural Gas Energy Use, MMBTU 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Code Base Cost Base t 03 Bundle 1 4,150 Bundle 2 5,955 Bundle 3 6,449 ' Annual Total Energy Use, MMBTU Figure 4 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Code Base Cost Base 1,057 Bundle 1 5,491 Bundle 2 7,453 Bundle 3 7,978 The Weidt group shows in Figure 5 that the bundles save "between 40%-and 55%" when compared to the Code Base. This represents savings of approximately $59,000 to $80,000 in energy costs per annum. Note that equipment energy costs are not included in the models. Figure 5: Annual Energy Costs for Bundles by End Use M N fA Code Base; w m m °v C.) Cost Base io N m 0 N N Bundle 1 J J (O 4 OD N ~ N Bundle 2 oho m ~ N N (fl Bundle 3 _ A Ln 4 A CA -4 g Heating ❑ Cooling 0 Fan/pump ❑ Lights ■ Equip. Total Funding Options The cost to include the items in each bundle increases, but so do financial incentives and operational cost savings over time. The Weidt model anticipates payback from energy cost savings for each of the bundles well within five years. Bundle 1 would pay back in 0.1 years, Bundle 2 in 1.7 years, and Bundle 3 in 3.2 years. However, with the incentives, payback would occur much faster: Option Incremental Paybac Incentive Payback Rate Anticipated Annual Construction Cost k Rate With Incentive Energy Cost Code - - - - $145,943 Base - - $19,150 - $128,980 Bundle 1 $5,500 0.1 $43,000 Immediate $86,992 Bundle 2 $98,029 1.7 $54,000 1.1 years $69,925 Bundle 3 $203,959 3.2 $60,000 2.6 years $65,534 Because of the increased cost to pursue Bundles 1 and 2, it is important that it not compete with the capital outlay for the building. Alternative funding methods need to be discussed. Retrofitting the I building for energy saving features in the future may prove more costly than putting them in during the original construction. Staff has calculated the anticipated energy costs associated with each bundle collectively over time, illustrated in Figure 6. Note the significant difference between the collective cost of Bundle 3 over 10 years and the collective cost of Bundle 1 over 10 years, a difference of $214,588. Figure 6: Projected Collective Energy Costs over 5 and 10 Years ption Anticipated Annual Over 5 Years Oyer 10 Years Energy Cost Code $145,943 $729,715 $1,459,430 Base $128,980 $644,900 $1,289,800 Bundle 1 $86,992 $434,960 $869,920 Bundle 2 $69,925 $349,625 $699,250 Bundle 3 $65,534 $327,670 $655,340 There are some options for the City to explore in order to implement Bundles 2 and 3 during construction of the Community Center: 1. Include the bundle package in the building's capital outlay by compressing the plans further or removing square footage. This option would significantly alter the configuration and programmatic capabilities of the Community Center. 2. Xcel Energy offers a financing program for the energy saving bundles. It is important to note, however, that Xcel does not give rebates on bundles they have financed. 3. The City could borrow from the General Fund or a similar fund and pay it back incrementally from the Community Center operational budget, which would allow the City to receive full financial incentives upon the opening of the facility. If this is the method the City chooses, it would be crucial to include repayment as a line item in the Community Center's budget each year. Summation The building design, as is currently approved, exceeds the state energy code. This base qualifies for $19,150 in incentives offered by Xcel Energy. Bundle 1 adds $5,500 in cost, but the incentive offered by Xcel increases to $43,000, while reducing energy expenses. Bundle 2 (which is all of Bundle 1 plus additional items) costs $98,029 with the incentive of $54,000, and another increase of energy cost savings. Last is Bundle 3, which is all of Bundle 1 and 2 plus additional items. Additional cost is $203,000, and the incentive is $60,000, with an estimated energy cost saving of $ 63,446 per year. Several alternatives are offered to off-set the additional costs associated with the bundles. Agenda Information Memo September 4, 2001 Eagan City Council Meeting T. APPROVE PURCHASE AGREEMENT - 3997 CEDARVALE DRIVE ACTION TO BE CONSIDERED: To approve the purchase agreement for 3997 Cedarvale Drive and declare that the City intends the acquisition to be eligible as a reimbursable expense as part of the Cedar Grove Tax Increment Finance Redevelopment District. FACTS: • The City has reached an agreement with the property owner of 3997 Cedarvale Drive for the purchase of that property in the amount of $235,000. • At the request of the property owner, closing on the property will be held on January 2, 2002. The seller has agreed to be responsible for all maintenance and expenses related to the property until the closing date. The property is currently vacant. • The subject property is located within the project area for the proposed Cedar Grove Tax Increment Financing Redevelopment District. The cost of acquisition can be a reimbursable expense as part of that redevelopment area. • The City Council has previously directed staff that willing sellers of available properties within the redevelopment area should be considered for acquisition. • A signed copy of the agreement is expected to be received prior to the September 4 City Council meeting. ATTACHMENT: • A copy of the purchase agreement is attached on pages" through 461 UI i PURCHASE AGREEMENT The undersigned, THE CITY OF EAGAN, hereinafter referred to as "Buyer", hereby agrees to purchase from JOSEPH R. MILBAUER, hereinafter referred to as "Seller", interest in real estate located at 3997 Cedarvale Drive, Eagan, Minnesota and legally described as follows: That part of the NE '/4 of Section 19, Township 27, Range 23, described as follows: Commencing at the SW corner of said NE1 /4; thence North along the West line of said NE 1 /4 a distance of 198.82 feet; thence East 33 feet to the Easterly right of way line of Cedar Avenue; thence North 47 degrees East a distance of 270 feet; thence North 18 degrees 13 minutes East a distance of 159.4 feet; thence North 40 degrees 55 minutes West a distance of 75.0 feet to a point on a line parallel with and 60 feet southeasterly of the southeasterly right of way line of State Highway No. 13; thence North 49 degrees 05 minutes East parallel with said southeasterly right of way line 358.8 feet; thence South 40 degrees 55 minutes East a distance of 190.0 feet to the actual point of beginning; thence South 49 degrees 05 minutes West parallel with said southeasterly right of way line 158.8 feet; thence South 40 degrees 55 minutes East a distance of 129.71 feet to a line parallel with and 50 feet northwesterly of the northwesterly right of way line of Beau-De-Rue Drive; thence North 56 degrees 41 minutes East parallel with said Northwesterly right of way line 160.21 feet to a line, bearing south 40 degrees 55 minutes East from the point of beginning; thence North 40.35 minutes West a distance of 150.9 feet to the point of beginning. (the "Property"), upon the terms and conditions hereinafter set forth: 1. Purchase Price. The purchase price for the Property shall be Two Hundred Thirty Five Thousand and no/100 Dollars ($235,000.00). 2. Payment of Purchase Price. The purchase price shall be paid in cash or certified funds on or before the date of closing. 3. Title and Remedies. The Seller shall, within a reasonable time after execution of this Agreement, furnish an Abstract of Title, or a Registered Property Abstract certified to date to include proper searches covering bankruptcies, and state and federal judgments and liens or, if no abstract can be located, Seller may provide a commitment for an ALTA Owner's Policy of Title Insurance for ~4~ the full purchase price. The Buyer shall be allowed ten (10) days after receipt thereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. If any objections are so made, the Seller shall be allowed 120 days to make such title marketable. Pending correction of title, the payments hereunder shall be postponed, but upon correction of title and within 10 days after written notice to Buyer, the parties shall perform this Agreement according to its terms. If said title is not marketable and is not made so within 120 days from the date of written objections thereto as above provided, this Agreement shall be null and void, at the option of the Buyer, and neither party shall be liable for damages hereunder to the other party. All earnest money theretofore paid by the Buyer under this Agreement shall be refunded. If the title to said property shall be found marketable or shall be so made within said time, and said Buyer shall default in any of the agreements and continue in default for a period of 10 days after written notice to Buyer, and in that case, the Seller may terminate this Agreement and on such termination all the payments made upon this Agreement shall be retained by said Seller and said agent, as their respective interest may appear, as liquidated damages, time being of the essence hereof. 4. Real Estate Taxes. Real Estate taxes for all years prior to the year of closing shall be Seller's responsibilities. Real estate taxes due and payable in the year of closing shall be prorated to the date of closing. Buyer shall be responsible for the real estate taxes due and payable in 2002 and all subsequent years. 5. Special Assessments and Development Charges. Seller shall be responsible for any special assessments that are levied as of the date of this Agreement. 6. Closing. The closing shall take place on , 2001 at the offices of 2 i Severson, Sheldon, Dougherty & Molenda, P.A.; 7300 West 1476' Street, Suite 600; Apple Valley, Minnesota 55124. 7. Obligation of Parties at Closing. The Seller and Buyer shall do the following at the closing: A. Seller shall: i. execute and deliver a Warranty Deed conveying fee title to the Property to the Buyer, free and clear of all liens and encumbrances, subject to the following: (A) Building and zoning laws, ordinances, state and federal regulations; (B) Restrictions relating to use or improvement of the property without effective forfeiture provisions; (C) Reservation of any mineral rights by the State of Minnesota; and (D) Utility and drainage easements which are shown on the plat. B. Buyer shall: i. make the necessary payments as required under Article 2; C. Each party shall execute such other instruments, certificates and affidavits as the other party's attorney reasonably may request. 8. Real Estate/Brokerage. Seller shall be responsible for any real estate or brokerage commission that is payable in connection with the sale of the Property. 9. Notices. Any notices under this Purchase Agreement shall be delivered personally or mailed to the respective parties by registered or certified mail, return receipt requested, at the following respective addresses: To the Seller: Joseph R. Milbauer 3997 Cedarvale Drive Eagan, MN 55122 3 44 u it o To the Buyer: City of Eagan Attn: James D. Verbrugge, Assistant City Administrator 3830 Pilot Knob Road Eagan, MN 55122 With a Copy to: Robert B. Bauer, Assistant City Attorney Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 10. Headings. The headings contained herein are for the purposes of convenience only and are not intended to define or limit the contents of such section or paragraph. 11. Governing Law. This Agreement shall be deemed to be a contract under the State of Minnesota and for all purposes shall be construed and enforced in accordance with the laws of such state. 12. Heirs, Successors and Assigns. The terms, conditions and covenants shall extend to, be binding upon, and inure to the benefit of the respective heirs, successors and assigns ofthe parties hereto. 13. Possession. Seller shall deliver possession of the Property to Buyer immediately after closing. 14. Default; Remedies. If either party shall default in any of their respective obligations under this Agreement, the other party may, by written notice to such defaulting party specifying the nature of the default and the date on which this Agreement shall terminate (which date shall be not less than ten (10) days after the giving of such notice), terminate this Agreement and upon such date, unless the default so specified shall have been cured, this Agreement shall terminate. Termination of this Agreement shall be the sole and exclusive remedy of both Seller and Buyer and neither party shall have the right of specific performance. 15. Well Disclosure/Sewer Septic Disclosure. Seller certifies that the Seller does not 4 b57 know of any wells on the Property. Seller further certifies that any sewage generated at the Property goes to a facility permitted by the Minnesota Pollution Control Agency. 16. Like-Kind Exchange. In the event Seller desires to exchange his interest in the Property for other real property in a like-kind exchange under Internal Revenue Code Section 1031, Buyer agrees to cooperate with Seller to facilitate a like-kind exchange provided: (1) any costs and expenses (including costs associated with the designation of any escrow agent or intermediary) occasioned thereby are borne by Seller; (2) cooperation by the Buyer will not delay the closing of the transaction between Buyer and Seller contemplated in the Purchase Agreement; (3) the Seller agrees to defend, indemnify and hold harmless the Buyer for any claims arising out of said like-kind exchange and Buyer shall not be required to hold title (as a conduit or otherwise); and (4) Seller shall provide Buyer with copies of all exchange documents that require Buyer's signature at least three (3) days in advance of closing for Buyer's review and comment. 17. Voluntary Acquisition. The Seller voluntarily submits this offer to sell the Property to the Buyer. The Buyer is not acquiring nor will it acquire the Property through use of power of eminent domain. The Buyer's acquisition of this Property under voluntary terms results in the Seller being ineligible for any relocation benefits under MINN. STAT. § 117.52 or the Uniform Real Property Acquisition and Relocation Policies Act, 42 U.S.C. No. 4621, et seq. The Seller acknowledges that Seller is not entitled to and shall not receive relocation assistance. IN WITNESS WHEREOF the parties have executed this Purchase Agreement this 5 u it o day of , 2001. SELLER: BUYER: THE CITY OF EAGAN By: Joseph R. Milbauer Patricia E. Awada Its: Mayor By: Mira McGarvey Its: Deputy Clerk 6 t AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING September 4, 2001 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE H. ADOPT AGENDA III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA A. APPROVE MINUTES B. PERSONNEL ITEMS C. APPROVE Miscellaneous Licenses D. APPROVE Gambling License for Ducks Unlimited E. AWARD Contract 01-08 (Well #20 - Drilling, Structure and Transmission Line) F. AWARD Contract 01-06 (Blue Gentian Road - Streets and Utilities) G. APPROVE Change Order No. 6, Contract 00-07 (Trunk Highway 13 - Urban Upgrade) H. APPROVE Change Order No. 1, Contract 01-07 (Lexington Avenue - 4 Lane Divided Upgrade) 1. APPROVE Change Order No. 1, Contract 01-13, (July 2000 Storm Mitigation Improvements - Areas 1, 3, 4, 9 and 10) J. APPROVE Selection of Consulting Engineering Firms K. RECEIVE Final Assessment Roll, Schedule Public Hearing, Project 797 (Letendre 151 and 2°a - Street Overlay) L. RECEIVE Final Assessment Roll, Schedule Public Hearing, Project 798, (Canterbury Forest / Wedgewood I" -Street Overlay) M. APPROVE Final Payment, Contract 01-06A (Blue Gentian Road - Grading) N. RECEIVE Feasibility Report / Order Project, Project 848 (July 2000 Storm Mitigation Improvements - White Oak Court). 0. VACATE Easement, Receive Petition and Schedule Public Hearing (Sun Cliff 1 st Addition, Lot 13, Block 1). P. APPROVE Final Subdivision, Grand Oak Three - Interstate Partners Q. APPROVE Change Order No. 1, Contract 01-04, (Central Parkway - Street & Utility Improvements). R. APPROVE Easement Vacation - Receive Petition and Schedule Public Hearing (Harvey's Heritage Addition, Lot 3, Block 1). S. APPROVE Xcel Energy Bundle 3 Package as the Energy Package for the Community Center. T. APPROVE Purchase Agreement - 3997 Cedarvale Drive. U. APPROVE Change of Public Hearing Date for a Variance for Spectrum Development. V. APPROVE Extension for recording Final Subdivision - Fox Forest Section Addition - Pete and Jan Ramstad. W. APPROVE On-Sale Wine, Malt Liquor and Sunday License for Golden T, Inc. X. AUTHORIZE Feasibility Report - Project 850 (Dodd Rd., Diffley to Ethan Dr..- Street and Trail Improvements) Y. DIRECT Staff to Develop Amended Language for City Ordinance 10.31. Z. DIRECT Staff to Develop Ordinance Amendment to Chapter 10, Section 10.53, Subdivision 1. V. 6:30 - PUBLIC HEARINGS VI. OLD BUSINESS A. CONTRACT 01-14, Award Contract (July 2000 Mitigation Improvements - Areas 1,4,5 and 10). B. CONTRACT 01-15, Receive Bids / Award Contract (July 2000 Mitigation Improvements - Areas 6, 7 & 8). u it i~ VII. NEW BUSINESS A. CERTIFICATION of the preliminary 2002 Property Tax Levy B. CONDITIONAL USE PERMIT - All Saints Lutheran Church - A Conditional Use Permit to allow a pylon sign on Lot 1, Block 1, All Saints Addition, located at 3810 Lexington Avenue in the NW of Section 23. C. PRELIMINARY SUBDIVISION, Conditional Use Permit & Variance - 789 Company- A Preliminary Subdivision (Eagandale Center Industrial Park No. 17) of approximately seven acres to create two lots, a Conditional Use Permit to allow outdoor storage and a Variance to allow a shared access, located at 3110 Mike Collins Drive in the NW of Section 11. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads X. VISITORS TO BE HEARD (for those persons not on agenda) XI. ADJOURNMENT XII. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. l~9 Agenda Information Memo August 7, 2001 Eagan City Council U. VARIANCE - SPECTRUM DEVELOPMENT (LOT 2, BLOCK 1, SPECTRUM BUSINESS PARK) ACTION TO BE CONSIDERED: To reschedule the public hearing for a Variance request to the minimum parking stall width on Lot 2, Block 1, Spectrum Business Park located at 1000 Blue Gentian Road from October 2, 2001 to September 17, 2001. FACTS: • At the August 7, 2001 meeting the City Council continued the public hearing for this Variance request to October 2, 2001 to allow staff time to reevaluate the 1998 AUAR pertaining to this property. • The City's consultant has since determined that the development is within the parameters of the 1998 AUAR. • Since the Council continued the public hearing to a date specific, October 2, 2001, Council action is required to reschedule the public hearing for an earlier date, September 17, 2001. ATTACHMENTS: None 70 Agenda Information Memo September 4, 2001 Eagan City Council Meeting V. EXTENSION FOR RECORDING THE FINAL SUBDIVISION - FOX FOREST SECOND ADDITION ACTION TO BE CONSIDERED: ➢ To approve a ninety (90) recording extension for the Fox Forest Second Addition. FACTS: ➢ The Fox Forest Second Addition was approved on July 5, 2001. ➢ According to the applicant, the delays in the acquisition of updated title insurance documents have caused this need for additional time. ATTACHMENTS: (1) • August 28, 2001 correspondence page. • Final Subdivision Exhibit, page )Y. -71 John Oliver & Associates, Inc. Civil Engineering 201 West Mravelers Mrail, Suite 210, Burnsville, MN 55337 Land Surveying (952) 894-3045 - Fax (952) 894-3049 Land Planning burnsCjoliverassoc. com TM-~•.•y,,"~~ August 28, 2001 Hon. Mayor & City Council City of Eagan Attn: Marilyn - Planning Dept. 3830 Pilot Knob Road Eagan MN. 55122-1897 via: fax & mail with check Re: FOX FOREST SECOND ADDITION - Final plat extension Honorable Mayor & City Council: On behalf of our client, Mr. & Mrs. Peter Ramstad, we are hereby requesting an extension of ninety (90) days for the processing of the final plat of FOX FOREST SECOND ADDITION. Delays in the acquisiton of updated title insurance documents have caused this need for additional time. Also included is a check in the amount of $75 to cover the costs associated with the processing of this request. Sincerely; For J n Oliver & Associates, Inc. et r Ramstad Gary Harri L cc: Pete Ramstad Dale Vogt ! 'ices in Elk Rix,,-er RECE►~'ED AUG 3 0 2001 s 0 v tN g ~ S b Z-ez- __-L__~__ ~ N[t 005 ` R tl~' °•r; is - l0of I 'I R° ' p0pbf,[T R--_ I I I I Q I f s /~/1 O RDfi Y I 1 AID V rf YOB I ng i I W i •i' D fOVri 4.n,ftYQOh . R 'Y 'Li . S 1 M if ~R"~ t~. ~ wi. R 2' ~ ,YM Yr. w w ^,P ~ ~L s S ;F is^[ t --j c ~ • of ;vti ~3 Agenda Information Memo September 4, 2001 City Council Meeting Consent Agenda: W. APPROVE ON-SALE WINE, MALT LIQUOR AND SUNDAY LICENSE FOR GOLDEN T, INC. ACTION TO BE CONSIDERED: Approve On-Sale Wine, Malt Liquor And Sunday License For Golden T, Inc. FACTS: • Golden T, Inc. has applied for an On-Sale Wine, Malt Liquor and Sunday liquor license with the City of Eagan. The officers of the corporation are Santokh Bir Singh, President and Khushvinder Singh, Vice President • The applicant plans on purchasing Madras Palace Restaurant (located on 1260 Town Centre Drive) from Sri Krishna Inc. • Golden T, Inc. submitted the required documents. The documents have been reviewed and deemed in order by City staff. • The Police have conducted an investigation on the principals and do not find any reason to deny the applicant the off-sale license. ATTACHMENTS: • The application is attached without page number. u o r Agenda Information Memo September 4, 2001 Eagan City Council Meeting X. PROJECT 850, DODD RD (DIFFLEY TO ETHAN DR.) ACTION TO BE CONSIDERED: Authorize the preparation of a Feasibility Report for Project 850 (Dodd Rd., Diffley Rd. to Ethan Dr. - Streets and Trails) by Bonestroo, Rosene, Anderlik & Associates. FACTS: • On June 5 h, the City Council adopted the 5-year Capital Improvement Plan (2002- 2006) for the City of Eagan. One of the projects identified in that program is the urban upgrade with off-street trails for that portion of Dodd Rd. from Diffley Rd. to Ethan Dr./Camberwell Dr. • It would be appropriate for the Council to authorize the preparation of a feasibility report to identify the scope, costs, schedule and financing for this proposed public improvement. Based on field information already collected and preliminary designs previously performed for a similar improvement for the entire length of Dodd Rd., it would be most cost effective and time efficient to have the feasibility report for this reduced scope prepared by the Consulting Firm of Bonestroo, Rosene, Anderlik & Assoc. (BRAA). IS I Agenda Information Memo September 4, 2001 City Council Meeting Consent Agenda: Y. DIRECT STAFF TO DEVELOP AMENDED LANGUAGE FOR CITY ORDINANCE 10.31 ACTION TO BE CONSIDERED: Direct staff to develop amended language for City Ordinance 10.31 FACTS: • City Ordinance 10.3 1, Subd. 2 defines noise from audio equipment to be in violation when audible from 100 feet or more between the hours of 7:00 am and 10:00 pm, or from 50 feet or more from 10:00 p.m. to 7:00 a.m. • City staff and the City Council have received complaints from residents affected by vehicle mounted audio equipment on numerous occasions. • Police staff has recommended that the ordinance be amended to make the 50 foot standard applicable at all hours. ATTACHMENTS: None 7!Q u it r Agenda Information Memo September 4, 2001 Eagan City Council Z. ORDINANCE AMENDMENT TO CHAPTER 10, SECTION 10.53, SUBD. 1 ACTION TO BE CONSIDERED: To direct the City Attorney to draft an Ordinance Amendment which will add fence maintenance standards to the property maintenance code. FACTS: • At a meeting on August 30, 2001 the Public Works Committee recommended approval of an amendment to the property maintenance code that would address the maintenance of fences and asked that that recommendation be shared with the full City Council. • The proposed amendment discussion was based on the attached memo prepared by Mary Granley, Code Enforcement Technician. ATTACHMENTS: (1) Staff memo dated August 30, 2001, page -7(? MEMO city of eagan TO: Mike Ridley, Senior City Planner FROM: Mary Granley, Code Enforcement Technician DATE: August 30, 2001 SUBJECT: Fence Maintenance Ordinance Standards The current definition of fence is: Fence, , means any partition, hedge, structure, wall or gate erected as a dividing marker, visual or physical barrier, or enclosure and located along the boundary or within the required yard. ^ fence in exeess of six feet in height shall be e sidefea ^ stfuetur-e This definition has been approved by the Council but has not been published or codified as yet. We would like the Public Works Committee to consider the following code changes regarding fence maintenance and construction: Utilizing the Property Maintenance Code: • Add fences to the property maintenance code. Create an item number 14 pertaining directly to fence maintenance. Example: Every fence shall be firmly fastened and shall be maintained in sound and good repair and free from deterioration, holes, breaks, gaps, or loose or rotting components or defects which make it hazardous or unsightly. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Every exterior surface shall be maintained to avoid noticeable deterioration of the finish. No fence section or other exterior surface shall have peeling, cracked, chipped, or otherwise deteriorated surface finish on more than 20 percent of any one section or other surface. Definitions: • Add firewood to the definitions. This would prevent the use of what a person would normally consider firewood being classified as a fence, and exclude categorizing refuse building materials as firewood. Example: Firewood means split wood or unsplit wood logs cut into lengths and stacked and stored parallel to the ground in a row or rows as permitted under section 10.53 Subd. 3. • The zoning definition for structure states that "structures include but are not limited to fences over six (6) feet in height..." This would need to be changed should we choose to create a property maintenance code for fences. u ,r i Agenda Information Memo August 21, 2001 OLD BUSINESS A. CONTRACT 01-14 JULY 2000 STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Award Contract 01-14 (July 2000 Storm Mitigation Improvements - Misc. Areas # 1, 4, 5 & 10) to Lametti & Sons, Inc. for the revised Base Bid in the amount of $1,061,687.00 and revised Alternate No. 2 in the amount of $193,130.00, and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • Contract 01-14 provides storm water drainage system mitigation improvements in a portion of the areas affected by the July 2000 super storm, including Ches Mar Pond/BP- 11 (Area #10 - Project No. 828), East Thomas Lake/BP-8 (Area #10 - Project 829), Sequoia Dr./Lodgepole Dr. (Area #5 - Project 830), Evergreen Park/Ponds BP-15 & BP-16 (Area #5 - Project 831), Blackhawk Ponds/BP-29 & BP-29.1 (Area #4 - Project 832), and River Hills/Pond AP-21 (Area #1 - Project 838), as outlined and discussed in the Preliminary Design Report (April 2001). • On August 7, the Council received the bids and continued the award of Contract 01-14 until August 21. The award was continued again until September 4. All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid from Lametti & Sons, Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The proposal and specifications were prepared to allow the Council flexibility in the award of the improvements based upon the uncertainty of some of the improvement costs and the funding of the improvements. The deletion and substitution of some items in the base bid due to the overall cost benefit are presented for the Council's consideration. • The substitution for the placement of additional pond excavation material onto the Thomas Lake Elementary School property, including the athletic field restoration, in Alternate Bid No. 2 ($193,130 without sod) in lieu of the pond excavation (Items 185 & 186 = $219,300) in the Base Bid for the Evergreen Pond has been included due to the cost savings ($26,170) and the benefit to the school's soccer field. ISSUES: • Acquisition of new easements is required for the construction of the proposed improvements. Staff has communicated with all affected property owners and is actively pursuing easement acquisition. An update of the easement acquisition status will be distributed at the Council meeting. ATTACHMENTS: • Bid Tabulation, page IM-ZI r' a x city of pagan JULY 2000 STORM MITIGATION PROJECT NOS. 828-832,838 EAGAN, MINNESOTA City Contract No. 01-14 Bonestroo File No. 49-01-113 Bid Date: Thursday, August 2, 2001 Bid Time: 10:30 a.m. Alternate #2 Alternate #1 Pond BP-16 Contractor Base Bid Bridge with Weir Grading 1) Lametti & Sons, Inc. $1,280,987.00 $ 188,250.00 $ 225,130.00 2) Barbarossa & Sons, Inc. $1,329,907.00 $211,290.00 $224,900.00 Low PDR % Engineer's % Project No. Base Bid Estimate Deviation Estimate Deviation 828 Ches Mar Pond (Pond BP-11) $115,802 $90,000 $123,000 829 East Thomas Lake (Pond BP-8) 161,637 96,000 162,000 830 Sequoia Dr./Lodgepole Dr. 196,245 214,000 197,000 831 Evergreen Park (Ponds BP-15,16) 478,615 313,000 521,000 832 Blackhawk Ponds 132,973 166,400 167,000 832 Blackhawk Ponds - Maintenance 35,265 19,800 47,000 838 River Hills - Maintenance 76,855 149,000(') 100,000 Hilltop Pond - Maintenance 58,445 29,000 79,000 Subtotal $1,255,837 $1,077,200 +16.6% $1,396,000 -11.1% Clearwater Park - Storm Maintenance (City) 25,150 N/A 12,000 Total $1,280,987 $1,077,200 $1,408,000 -9.9% Alternate No. 1 Bridge with Weir 188,250 N/A 140,000 +34.5% Alternate No. 2 Pond BP-16 Grading 225,130 N/A 230,000 -2.2% ("Includes $35,000 for each backyard grading (3 homes) and pond maintenance - $44,000 (3 * $35,000) + $44,000 = $149,000) 90 CONTRACT 01-14 EASEMENTS Project Nos. 828-832, and 838 File No. 49-01-113 Update August 29, 2001 Perm. Temp Contact Wil Have Address Resident Esmt. EsmL Made Sign Signed Chas Mar Pond - Project No. 828 Lot 6, Block 1, Wilderness Run 1st Addition 1358 Wilderness Run Drive Ti Chang Y Y Y Y Lot 7, Block 1, Wilderness Run 1st Addition 1354 Wilderness Run Drive Bruce & Laurel Stumbo Y Y Y Y Lot 10, Block 1, Ches Mar 1 st Addition 4455 Chas Mar Circle Joseph & Me Kryschyshen Y Y Y Y Lot 2, Block 2, Chas Mar 1 st Addition 4464 Chas Mar Circe Vernal & Marion Benrud Y Y Y Y Lot 3, Block 2, Chas Mar 1 st Addition 4474 Chas Mar Circe David Sutliff Y Y Y Y Y East Thomas Lake - Pro No. 829 Lot 1, Block 1, Ches Mar 1st Addition 1393 Lakeside Drive Ronald & Sharon Mason Y Y Y Y Sequoia Drive - Project No. SW Lot 1, Block 4, Evergreen Park Addition 1405 Walfrid Street Telera Kassa and Tihut Metal Getahun Y Y Y Lot 2, Block 4, Evergreen Park Addition 1411 Walfrid Street Gary Kimberley Robillard Y Y Y Y Y Lot 4, Block 4, Evergreen Park Addition (Live Idaho) 4338 Sequoia Drive Theodore & Jolene Billy Y Y Y Y Lot 5, Block 4, Evergreen Park Addition 4330 Sequoia Drive Timothy & Gina Dwyer Y Y Y Y Y Lot 11, Block 2, Wilderness Run 2nd Addition 1392 Cosmos Lane Scott Greer Y Y Y Y Y Lot 12, Block 2, Wilderness Run 2nd Addition 1391 Cosmos Lane Juan & Dominga Carrazco Y Evergreen Park - Project No. 831 ` Lot 18, Block 1, Thomas Lake Heights 1506 Clemson Court Richard & Linda Greenberg Y Y Y Y Lot 26, Block 1, Evergreen Park Addition (Not Needed) 4341 L e Drive Richard & Karen Inert Y N/A Lot 27, Block 1, Evergreen Park Addition 4347 L pole Drive Ernest & Patricia Carlson Y Y Y Y Lot 28, Block 1, Evergreen Park Addition 4355 L epole Drive Beverly Greenagel Y Y Y Y Lot 17, Block 4, Wenzel 1 st Addition 4133 Cashell Glen Timothy & Carol Feeser Y Y Y Y Lot 34, Block 1, Wenzel 2nd Addition (Association) 4139 Starbridge Court Joseph & Cynthia Steiner Y ? Lot 1, Block 1, Thomas Lake School Addition (School) Y Y ? Blackhawk Ponds - Project No. 832 Lot 24, Block 1, Blackhawk Ponds 1594 Murphy Parkway John & Maril Steely Y Y Y Y Lot 25, Block 1, Slackhawk Ponds 1598 Murphy Parkway Alan & Joan Ritac co Y Y Y Y Outlot A, Blackhawk Ponds (City Owned) Y N/A River Hills - Project No. 838 Lot 4, Block 5, River Hills 9th Addition (Not Needed?) 2254 Clark Street Randall & Jacqueline Niemeyer Y Lot 5, Block 5, River Hills 9th Addition (Not Needed) 2264 Clark Street Lawence Chapdelaine Y Y N/A Lot 25, Block 2, Cinnamon Ridge 3rd Addition (Not Needed) 4407 Slater Road Sobhan & Neisha Ally Y N/A Lot 26, Block 2, Cinnamon Ridge 3rd Addition (Not Needed) 4405 Slater Road Michelle & Julian Bell Y N/A Need to review alternate grading plan placing fill in ballfield area 1 Agenda Information Memo September 4, 2001 Eagan City Council Meeting B. CONTRACT 01-15. JULY 2000 STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the bids for Contract 01-15 (July 2000 Storm Mitigation Improvements - Misc. Areas # 6, 7 & 8), award the contract to the lowest responsible bidder, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 01-15 provides storm water drainage system mitigation improvements in a portion of the areas affected by the July 2000 superstorm, including Savannah Road Area #7 (Project No. 822), Beacon Hill Road North Area #6 (Project 823), Beacon Hill Area # 6 (Project 830, including Pond BLP-57/ Covington Court/ Ridgecliffe Drive/ Penkwe Way), Sherwood Court Area #6 (Project 825), Camelback Drive Area #8 (Project 837), and Gibbraltor Trail Area # 7 (Project 844), as outlined and discussed in the Preliminary Design Report (April 2001). • On April 26, 27, and 30, 2001, the City Council held Public Meetings and presented the Preliminary Design Report (PDR) for the above-referenced projects. At the Public Meetings, the Council approved all but one of the projects contained within this contract and authorized the preparation of detailed plans and specifications. • On July 17, the Council approved the plans and authorized the advertisement for competitive bids. Based on the lengthy negotiations for the necessary easement acquisitions, the bid opening date was extended from the original Council ordered date. The formal bid opening was subsequently held on August 28. All bids have been reviewed for their accuracy on unit price extension and summations and for compliance to the bid specifications documents, and found to be in order for favorable Council action. ISSUES: • Gibraltar Trail (Project 844, Area 7) within the Lexington Square Development is in the City's category of MCS (Meets City Standards). Action on these proposed Additional Improvements ($302,000 est.) was continued at the April 26 meeting for re-consideration at the time of contract award "if funding is available". The Council should make a specific determination of this condition and approve/deny this specific area improvement ($249,708 bid) before awarding the Contract for the total/adjusted amount, as may be appropriate. • The most recent status of all the easement acquisitions is provided for the Council's information in determining which of the bid improvements should be awarded at this time. • Alternate Bid No. 1 providing for construction of a sedimentation basin in conjunction with the Beacon Hill/ Ridge Cliffe Drive/ Penkwe Way/ Johnny Cake Ridge Road Storm Sewer (Project 824, Area 6) should not be awarded by the Council with this project. In easement discussions with City staff, the affected property owner indicated that they would not grant an easement for the project if the construction included the construction of the pond. ATTACHMENTS: • Bid Tabulation Summary, page i it r city of aagan JULY 2000 STORM MITIGATION PROJECT NOS. 822-825,837,844 & 846 EAGAN, MINNESOTA City Contract No. 01-15 Bonestroo File No. 49-01-114 Bid Date: Tuesday, August 28, 2001 Bid Time: 10:30 a.m. Alternate #1 Almquist Lake Contractor Base Bid Sedimentation Basin 1) Barbarossa & Sons, Inc. $1,194,648.00 $ 188,250.00 2) Lametti & Sons, Inc. $1,273,200.00 $211,290.00 3) GL Contracting, Inc. $1,436,470.30 Low PDR % Engineer's % Project No. Base Bid Estimate Deviation s ma Deviation 822 Savannah Road $134,295 $143,200 $145,000 823 Beacon Hill Road North 42,228 11,000 45,000 824 Beacon Hill 5632800 560,000 • Beacon Hill - Pond BLP-57 / 162,740 Covington Court Beacon Hill - Ridge Cliffe 252,032 Dr./Penkwe Way - Johnny Cake Ridge • Beacon Hill - Ridge Cliffe 93,275 Dr./Penkwe Way -Almquist Lake Stonn Sewer 825 Sherwood Court 63,955 74,000 70,000 837 Camelback Drive 58,735 47,200 55,000 844 Gibraltor Trail 249,708 252,000 260,000 846 Oakbrooke - Pond BP-35 126,230 63,800 100,000 Subtotal $1,183,198 $1,155,000 +2.4% $1,235,000 4.4% Nestling Circle 11,450 N/A 12,000 Total $1,194,648 $1,247,000 -4.4% Alternate No. 1 69,480 N/A 83,000 -0.19% ~3 Agenda Information Memo September 4, 2001 Eagan City Council Meeting NEW BUSINESS A. CERTIFICATION OF THE PRELIMINARY 2002 PROPERTY TAX LEVY ACTION TO BE CONSIDERED: To approve the preliminary 2002 property tax levy as follows: General Revenue $ 17,901,300 Debt Service 212,608 Market Value-Based Referendum 1,400,000 Cedarvale Special Services District 3,000 Total $ 19,516,908 FACTS: • The City Council is required by law to certify the proposed payable 2002 property tax levy on or before September 17, 2001. The levy can be subsequently decreased, but not increased. • The City Council reviewed the proposed levy at a special meeting on August 28, 2001 and directed staff to make the reductions summarized in the attachment, resulting in a General Revenue levy that is $623,960 below the State-imposed limit of $18,500,260. • The County will use the certification information to mail Truth-in-Taxation notices by December 14, 2001. • Both the levy and budget will continue to be reviewed prior to final adoption in December. ATTACHMENTS: • The levy reductions directed by Council at the August 28 meeting, which result in the proposed levies shown above, are itemized on page . 2002 Preliminary Levy As presented Council Proposed levy August 28 Adjustments to be certified General Fund $ 16,163,500 $ (184,200) (1) $ 15,979,300 Equipment Revolving Fund 798,000 (56,000) 742,000 Major Street Fund 1,050,000 - 1,050,000 Special Assessments on City Property 25,000 - 25,000 General Facilities R&R Fund 105,000 - 105,000 Storm Sewer Mitigation 358,760 (2) (358,760) - Total General Revenue Levy $ 18,500,260 $ (598,960) $ 17,901,300 (1) Consists of the following items: Eliminate Parks/Rec clerical (net of temp/seasonal) $ (27,600) Eliminate Horticulturalist (net of temp/seasonal) (30,500) Fund LOGIS assessment from contingency (126,100) $ (184,200) (2) Amount restated by $(36,723) from August 28 presentation to adjust to State's levy limit calculation. Note that the $25,000 special levy for PERA is included in the General Fund levy. The total levy of $17,901,300, then, is under the General Revenue levy limit by $598,960 + $25,000 = $623,960. gs Agenda Information Memo September 4, 2001 Eagan City Council B. CONDITIONAL USE PERMIT - ALL SAINTS LUTHERAN CHURCH ACTION TO BE CONSIDERED: To approve a Conditional Use Permit to allow construction of a pylon sign on property located at 3810 Lexington Ave, legally described as Lot 1, Block 1, All Saints Addition, in the NW 1/4 of Section 23, subject to the conditions in the APC minutes. FACTS: • City Code allows one freestanding sign per building. By definition in the Sign Code, any sign which projects more than seven feet above ground level is considered a pylon sign and requires a Conditional Use Permit. • The proposed sign is 14 feet high and contains 60 square feet of sign face area. The sign is to be located in the northwest corner of the site facing Wescott Road, ten feet from the north and west property lines, and will be internally lit. A landscape plan has also been submitted. • The proposed sign will replace a wooden sign currently used on the site. No other construction or land use changes are being requested. • The APC held a Public Hearing on August 28, 2001 on this CUP and they are recommending approval subject to the conditions listed in their minutes. ATTACHMENTS: APC Minutes: Pagen t + Staff Report, pages'91? through L`-. Advisory Planning Commission August 28, 2001 Page 3 CONDITIONAL USE PERMIT - ALL SAINTS LUTHERAN CHURCH Chair Heyl opened the next public hearing of the evening regarding a Conditional Use Permit to allow a pylon sign on Lot 1, Block 1, All Saints Addition, located at 3810 Lexington Avenue in the NW %4 of Section 23. Planner Dudziak introduced this item and highlighted the information presented in the City Staff's planning report dated July 25, 2001. She noted the background and history. Ben Kregel, Property Committee Chairman of All Saints Lutheran Church thanked Staff and the Advisory Planning Commission for their efforts on behalf of the Church. He stated the illustration gives a good idea of what the sign will look like. He stated the sign will be designed to match the colors and building materials of the Church. There being no public comment, Chair Heyl closed the Public Hearing and turned the discussion back to the Commission. Member Segal questioned the setback of the sign and if the sign interferes with the view of traffic. Assistant Engineer John Gorder stated the sign will not block the view of traffic. Member Segal moved, Member Huusko seconded a motion to approve a Conditional Use Permit to allow a pylon sign on Lot 1, Block 1, All Saints Addition, located at 3810 Lexington Avenue in the NW'/< of Section 23. Subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. A Sign Permit shall be obtained from the City prior to installation of the sign. 3. The existing wooden sign shall be removed from the property prior to installation of the sign. 4. The pylon sign shall be located in the northwest corner of the site, facing Wescott Road, as shown on the site plan received 7-17-01. 5. The pylon sign shall comply with the sign plans received 7-17-01. 6. Landscaping consistent with the landscape plan dated 7-17-01 shall be implemented with the installation of the sign. All voted in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: July 25, 2001 CASE: 23-CU-13-07-01 APPLICANT: All Saints Lutheran Church HEARING DATE: August 28, 2001 PROPERTY APPLICATION DATE: July 17, 2001 OWNER: All Saints Lutheran Church REQUEST: Conditional Use Permit PREPARED BY: Mary Granley LOCATION: 3810 Lexington Ave. COMPREHENSIVE PLAN: QP, Quasi-Public Facility ZONING: PF, Public Facility SUMMARY OF REQUEST All Saints Lutheran Church is requesting approval of a Conditional Use Permit to construct a 14 feet tall, 60 square feet pylon sign on property located at 3810 Lexington Avenue on the southeast corner of Lexington Avenue and Wescott Road, legally described a Lot 1, Block 1, All Saints Addition in the northwest'/4 of Section 23. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivisions 4C and 41) provide the following. Subdivision 4C, Standards, states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within a T Planning Report - All Saints Lutheran Church August 28, 2001 Page 2 the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUNDMISTORY All Saints Lutheran Church was constructed in 1989, and the current wooden sign dates to this time. EXISTING CONDITIONS The existing site contains a 6,102 square foot church on 2.9 acres. The church is sited in the northwest corner of the lot, with an entrance drive to the east from Wescott Road and parking to the south. SURROUNDING USES The subject site is surrounded by residential development that is zoned R-1 and PD and guided LD (Low Density Residential). EVALUATION OF REQUEST Sign Code Requirements - The City's Sign Code: • Allows "one on-property church sign for each church site" up to 16 square feet in area without a sign permit. g9 Planning Report - All Saints Lutheran Church August 28, 2001 Page 3 • Defines "pylon sign" as "a business sign erected on freestanding shafts, posts or walls which are solidly affixed to the ground, and which project more than seven feet above ground level. • States pylon signs, when authorized, are considered a conditional use, as defined in the zoning chapter and are subject to all conditions, regulations and fees required for conditional uses." • Allows one freestanding sign per building. Performance Standards - The performance standards for pylon signs are as follows: • No pylon sign may be located within 300 feet of any other pylon sign, measured on the same side of the street. • No pylon sign shall project more than 27 feet above the lot level, roadway level, or a specified point between the two levels as determined by the council. The level used shall be based upon visibility factors from the adjacent roadway(s). • No pylon sign shall exceed 125 square feet in area per side. Proposed Sign - All Saints Lutheran Church, located at the southeast corner of Wescott Road and Lexington Avenue, is proposing to install a permanent sign on their property. The entire sign structure is 14 feet in height, and will rest on a concrete pad two feet by four feet in size. The sign face area is ten feet wide by six feet high (60 square feet), and is internally lit. The sign face is composed of the Church name incorporating the top two feet of area, and four rows of changeable copy in the bottom four feet reader board. The property address numbers will be located on the support pylon pole below the sign face area. Site Plan - The sign is proposed to be located at the northwest corner of the site, replacing the existing wooden sign in location. City sign performance standards require that "no sign shall be located nearer than ten feet from any property or dividing line." The sign will be placed ten feet from the north and west property lines, and face north and south (Wescott Road). There are no other pylon signs within 300 feet on the same side of the street. Landscapine - An surrounding oval landscape bed approximately 5 feet by 8 feet is proposed around the base of the sign. Ten unspecified "evergreen spreaders" are to be equally spaced around the base of the sign. The bed is to be mulched and have a landscape border. Applicant's Narrative - The applicant wishes to upgrade their current non-illuminated wooden sign, adding illumination, increasing both size and height, and providing changeable copy area. SUMMARY/CONCLUSION The proposal appears to satisfy the performance standards for pylon signs in the Sign Code. The proposed sign appears compatible with the surrounding area and should not have a detrimental effect on traffic or surrounding properties. QO Planning Report - All Saints Lutheran Church August 28, 2001 Page 4 ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit for a pylon sign on property located at 3810 Lexington Avenue on the southeast corner of Wescott Road and Lexington Avenue, legally described as Lot 1, Block 1, All Saint's Addition in the NW '/4 of Section 23. If approved, the following conditions should apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. A Sign Permit shall be obtained from the City prior to installation of the sign. 3. The existing wooden sign shall be removed from the property prior to installation of the sign. 4. The pylon sign shall be located in the northwest corner of the site, facing Wescott Road, as shown on the site plan received 7-17-01. 5. The pylon sign shall comply with the sign plans received 7-17-01. 6. Landscaping consistent with the landscape plan dated 7-17-01 shall be implemented with the installation of the sign. 9i FINANCIAL OBLIGATION - 23-CU-10-05-01, Lot 1, Block 1, All Saints Addition There are pay-off balances of special assessments totaling $-0- on the parcel for which the conditional use permit is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The approval of the conditional use permit is not contingent upon the payment of these Connection/Availability Charges. The charges become due and payable with connection to the City's Utilities. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT None TOTAL -0- Qa i it ~ r O Eagan Boundary Area ine P Location Map sarotreet el Area Building Footprint J ~ ~ ~ `any " . ti.: a~.; ~ ....r e. ~L O, - . ~ it L ti-~`.: rr^^•~+ ~g o 25 D=3 t R srr~ 0 p _ L._ mp - ti~ ~•YI~I~IFIFl1 ~ ✓ ~ V •"l ~1 a + O c a r~4 9 o c S 4`© O u G ~ v i•, y.~9 s Sub ect Site , 9 ~ C• 6 a U Q o ~ G - e ❑ You y., h C~ v G ~ et t ID sec ca a rcr: 3 lac t 4 Tj' r• ~ A g_ R 90 I a i0 9 D G a• Q ~ ~ .J 6gup_O a N 9 8 f 1000 0 1000 2000 Feet Development/Developer. All Saints Lutheran Church Application: Conditional Use Permit Case No.: 23-CU43-07-01 _ _ Map Prepared using ERSI ArtVlew 3.1. parcel be" nop data provided N by Dakota Courdy Land Survey Depanment and is current as of June 2001. City of Eagan /I THIS MAP IS INTENDED FOR REFERENCE USE ONLY w a M. I N N E S 0 7 A The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S eorereedty Devsloprniat Department not responsible for errors or omissions. I Current Zoning and Comprehensive Guide Plan All Saints Lutheran Church Land Use Map Case No. 23-CU-13-07-01 Zoning Map A R-1 Current Zoning: A a. P Public (public facility) PEI PF P ED 0 000 o "a 1200 F.N Comprehensive Guide Plan Land Use Map LD LD Current Land Use Designation: OP ® QP Public/Quasi-Public P 14 L LD 000 0 000 1300 F..1 Pavel bmw map Mannatlen wevl/amy meta County La" evwy aeParbned ONDIM1. N Y zenM tir.m.tlea m.lM,rra by aft see. City of Eagan W E Z THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department TM City of Eagan and Dakota County do not guarantee the accuracy of this information. S I U i I stewartsigns. com AAwored as Mom = date L AFprooed with ttvted charges ? s dare J. 10' ALL SAINTS L rn 2845AM go 30 AM & 10 20 AM 7PM 452-7256 BETTER TO RISE TO THE i OCCASION THAN HIT THE CHAMSMIFIN 1 CEILING I k ANNOUNCER XL CABINET SIZE 6,c 1 Of t„ r } 3' 10 ORIGINAL. DEMGN Ilse V= TO rs 73MIMAL zma, I= saxr=ans o: mz z NOT asaum JW. Stewart C# NOT DUPLICATE Sna ~ Wa~=inrLaaz ZN Crrlm=z Apr i C# 92P8m 6;_I;101 D2 Ds Alr tefgKs+ pPoradim #L9 AWS Propwal 1-900-237-SP29 All Saints Lutheran Church 3810 Lexington Ave Eagan, MN 55123 Lot 1, Block 1, All Saints Addition Sign Detail Attachment for new Church Sign ill; 1. 21! A, I W E S60-F r I I 1 I PoSnM OF 10' D' 1 oPOSEDSVA 0S nn+n «rn i a j W.P j 55'- 0- CHURCH I I 1 I f - jr, wV I -4 Parking Lot 1 I j j I I I I j 334' - 6' 1 ,o FRtCE1VP- D JU! 7 7 2 ~ it ~ ~ Landscape boarder Mulch Evergreen Spreaders Concrete Pad _(2' x 4') i Top View of Sign Conditianal Use Permit All Saints Lutheran Church Attachment to Conditional Use Permit Application All Saints Lutheran Church 3810 Lexington Ave South Eagan, MN 55123 Project Written Narrative All Saints Lutheran Church wishes to install a new sign on its property, which is located on the South East corner of Lexington and Wescott. This project will include; ■ The installation of a new professional built sign of solid and attractive construction (see attached picture). The sign will have internal lighting. ■ The removal of the current old wooden sign. ■ Appropriate cleanup and landscaping to make the sign blend with its surroundings. (see attached) Installation is planned for completion at the earliest possible date after city approval. (This currently would be September 5t', 2001) No other changes in the land use are requested as part of this application. No wetlands are affected by the sign's location. aslc_sign.doc 1 Ben Kruenegel (651) 454-1958 7/13/20018:53 AM t ell ' Agenda Information Memo September 4, 2001 Eagan City Council Meeting C. PRELIMINARY SUBDIVISION, CONDITIONAL USE PERMITS, AND VARIANCE - 789 COMPANY ACTION TO BE CONSIDERED: ➢ To approve a Preliminary Subdivision (Eagandale Center Industrial Park No. 17) of approximately seven acres to create two lots located at the intersection of Mike Collins Drive and Lunar Lane, in the NW '/4 of Section 11, subject to conditions listed in the APC minutes. ➢ To approve a Conditional Use Permit to allow outdoor storage of semi tractors and trailers on Lot 1, Block 1, Eagandale Center Industrial Park No. 17, subject to conditions listed in the APC minutes. ➢ The Advisory Planning Commission held a Public Hearing on August 28, 2001. The APC is recommending approval each request subject to the conditions in the draft APC minutes. ATTACHMENTS: (2) Draft August 28, 2001 APC Minutes, page /0 1 through 103. Staff Report, page through. lay ~ it