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12/18/2001 - City Council RegularI,s9- AGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING December 18, 2001 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA p ~ A. APPROVE MINUTES /~/ S B. PERSONNEL ITEMS ~, C. APPROVE 2002 License Renewals ~9 D. APPROVE Corrective Plan, Letendre Addition No. 3, Michael Bilhneier p~3 E. FINAL APPROVAL of Comprehensive Guide Plan Amendment, Rezoning and Preliminary / Subdivision (Cedar Villas) -Shelter Corporation. p F. APPROVE Proposed 2002 General Fund Budget / 33 G. APPROVE Payable 2002 Property Tax Levy ~~ H. APPROVE the 2002 Enterprise Fund Budgets, including Water, Sanitary Sewer , Streetlighting, Storm Drainage, Water Quality, Civic Arena and Aquatic Facility ~~ I. APPROVE the 2002 Special Revenue Fund Budgets, including the Housing Fund, the Police Forfeiture Fund, the Recycling Fund, the Economic Recovery Grant Fund, the Cedarvale Special p Services Fund and the Eagan Telecommunications Budget ~y ! J. DESIGNATE Councihnember Carlson as the Council Liaison to Dakota County for the Lone Oak Road improvement proposal pro K. Receive Feasibility Report for Project 862 and Schedule Public Hearing (Dodd Road, Ethan Drive /Camberwell Drive to Wescott Road -Street Upgrade) ~s/ L. APPROVE Change Order #1 for Contract 01-06 (Blue Gentian Road -Street & Utility Improvements) ,/~ M. APPROVE 2002 Consulting Engineers' Rate Schedules (/~ APPROVE Plans and Specifications and Order Advertisement for Bids for Contract 02-06 House ~~ #20 and Park Shelter Building -Structure and Water Main Improvements) ~~0. APPROVE Contract Amendment and Change Order #1 for Contract 01-15 (July 2002 Storm Mitigation Improvements) ,Q~j! P. APPROVE Contract Awards -Community Center 6~ Q. APPROVE Subordination Agreement for Eagan Business Commons II, LLC P,6 R. DIRECT City Attorney to prepare ordinance regarding developer fees ~~ S. APPROVE new applications (2) for Massage Therapy Establishment Business Licenses T. APPROVE Cable access facility lease P7 U. APPROVE extension for recording the Final Subdivision - Eagandale Office Park 5th Addition '~j173V. APPROVE renewal of snow grooming Contract with Dakota County `,p7~ f W. APPROVE On-sale Beer License for Parkview Golf Associates, LLC V. 6:30 -PUBLIC HEARINGS ~,rj~A. Variance -RJR Enterprises. A 16.25 foot Variance to the required 50 foot setback from a state highway, a 15-foot Variance to the required 20-foot pavement setback from a public right-of- way, and a Variance to locate loading docks in a front yard facing a public right-of--way and a Variance to the landscape standards for the loading area, all for construction of a 16,623 sq. ft. office warehouse building, located between T.H. 77 and Nicols Road just north of the E-Z Stop / in the SW '/. of Section 19. ~'7 B. Project 852, Post Additions, Rustic Hills Addition and Oster Addition (Street Overlay) ~p~ ~ C. Project 796, Cedar Cliff and Mari Acres (Street Overlay and Drainage Improvements) p~6 ~D. Project 843, Beecher Drive (Storm Mitigation Improvements), (Continued from 11-08-01) / /~E. Project 861, 2002 City-Wide Trail Improvements VI. OLD BUSINESS q S A. Consider Airport Relations Committee recommendation regarding noise attorney P ~~ B. Consider extension of SE Eagan Interim Ordinance Moratorium -City of Eagan VII. NEW BUSINESS ~~ ~ A. Preliminary Subdivision and Variance - Millerville, Inc. A Preliminary Subdivision (Sunset 13`" Addition) of approximately 2.5 acres to create four single-family lots, and a Variance to allow an accessory building in the front yard on property located at 785 Golden Meadow Road in the NW '/, of Section 25. 3' B. Scholarship program and concept related to 2002 permit fees for athletic site non-resident users VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads X. ADJOURNMENT XI. VISITORS TO BE HEARD (for those persons not on agenda) 10 minute time limit 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. 1 f ati MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 14, 2001 SUBJECT: AGENDA INFORMATION FOR DECEMBER 18, 2001 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the December 18, 2001 City Council agenda, the following items are in order for consideration. Agenda Information Memo December 18, 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 December 11, 2001 regulaz City Council meeting as presented or modified. ATTACHMENTS: Minutes of the December 1, 2001 regular City Council meeting aze enclosed on pages 3 through ~. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota December 11, 2001 ' A regular meeting of the Eagani3~ Council was held on Tuesday, December 11, 2001 at 6:30 p.m. at the Eagan Municipal Center; Present were Mayor Awada and Councilmembers Bakken, Carlson, Fields and Tilley. A~b:$S~Y~t;',',~.•',~•i`•'~dministrator 3'om Hedges, Senior Planner Mike Ridley, Director of Public'1~si'k5'~'oi'if''~~t'and City Attorney Mike Dougherty. ='~~.~~#, AGENDA Mayor Awada announced that items G and V on the consent agenda will be pulled for discussion and item H on the Consentfi~~enda will be continued. .;;: ~; :~ :; ;:;:• Councilmember Fields move •i#'~ouncil>~i~nber Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 •' ••ti = • L•• ,•.} RECOU~II'~~1~F~~~~$S~NTATIONS ALANE ROUNDTRI;~ Alane Roundtree was recognized for her role in tbe;~esignation of Dodd Road as a Community Millennium Trail. Ms. Roundtr~~;~~;si~#'ent. :~ti • ~: ~'iVIATT BR(•'N •: ti. Matt Brown was recognized for his •1/~g~•,s,~, •~~t;~?.~p~ject regarding the historical background of Eagan's trails. ~'~ •:ti•: CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of November 20, 2001 Regular City Council meeting and the Novemb~,~}~~~i; spa~€ls Workshop as presented. B. Personnel Items. `f ~f •• •.ff •• .. 1. It was recommended ~ri~ccept t~;~lesignation of Barbaza Majchrzak as a Clerical Technician III in Corri~t~;~,?.4ex}>~ 2. It was recommended ~'d~'$ppi''v'4e~t~ '`Iit:t~ Shelley Nelson as a Clerical Technician III in Community Development. 3. It was recommended to approve the hiring of Molly Hibbazd and Jeff VanOverbeke as seasonal street maintenance workers. rr...:.-•... 4. It was recommended to ~~;t;,l~,s,:g of Lori Jorgenson as apart-time seasonal ice azena su ervisor a ~~vic ~i'r:~:; p ~.~~: C. License Renewals. It was recomended to approti~002 Commercial, Residential, and Construction /Demo Trash Hati License renewal~,~002 Commercial Fertilizer License renewals; 2002 Tobacco Licensi~:j~newals; 2002 Pe~{~, op License renewals. 3 Eagan City Council Meeting Minutes December 11, 2Q01 Page 2 D. City-Wide Radio System Upgrade. It was recommended to award contracts to the low bidders in three of the five parcel bid;ar•~as, to reject the low bid in two of the five parcel bid areas, of the citywide radio system u ;gde project and approve the financing plan. ~.::. E. Eagan Point. It was recommended to a~~rove release of the developer from certain f :•..::....,.. r.•: obligations under the development c~~;~P;~~le. '• S F. Fox Forest Second Addition. It was{feci}liriii~i~t#aif~io'a~r'ove a 90-day extension for recordin the final lat for Fox For •~~• g p e~€~econd Addition, consisting of two lots located on Lexington Way in the SE %. of Sectki~22. H. Payday, Inc. It was recommended to continue indefinitely the currency exchange license application far Payday, Inc. I. Speedway SuperAmerica Stores. It was recommended to approve a change in management of the Speedway SuperAmerica stores'•~ated at~4200 E. Highway 13 and 2250 Cliff Road, sub~ect to Police D artment revie .~.•: `~~~ J. Public Hearing -Easement Vacati~}~.: It was~~bmmended to receive the petition to vacate public drainage and utility easemerfts'and sch~~Eile a public hearing to be held on January 8, 2002. `~' :•s K. Contract 99-N. It was recommende3''lid'arow'~~g>~ 4~ompletion of Contract 99-N (Oak Bluffs Addition -Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. •~ L. Contract 99-X. It was recommended to acknowledge the completion of Contract 99-X (Cherrywood Knoll Addition -Street & Utility Improv,~r-ents) and authorize perpetual City maintenance subject to warranty provisions. '~''• M. Contract 99-Z. It was recommen~,et~:tt~,~C~,Aiiii#e the completion of Contract 99-Z (Oakpointe of Eagan 2°d Addition~~[i?ify Improifsfnents) and authorize perpetual City Maintenance subject to warranty prov~f::;,;, •'~ti' N. Contract 99-AA. It was recommended•fo~~~'#ele the completion of Contract 99-AA (Cedarview 2nd Addition -Utility Improvements f 'ai~~,_ horize perpetual City maintenance subject to warranty provisions. ~• O. Contract 99-CC. It was recommended to acknowledge the completion of Contract 99-CC (Northwood Business Park Addition -Street and Utility Improvements) and authorize perpetual City maintenance subject to war; anty provisions. P. Contract 99-EE. It was recommecj;~i~knpy~;?the completion of Contract 99-EE (Eagan Pointe -Utility Improvei,~tS7 ariei„d~'2•es~erpetual City maintenance subject to warranty provisions. ti-~'~'='' Q. Contract 00-CC. It was recon~ed to iowledge the completion of Contract 00-CC (Cliff Woods of Eagan - Utility ~r•R,~.:ar~:At~;:au fhorize perpetual City maintenance subject to warranty provisions. ~•'=~~f~tif•' ~~~~==:::::.,•, °•'':~ :•:ti• R. Public Hearing -Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on January 8, 2002. S. Project 00-C,~ It was recommended extension of the development contract for ,.. Murphy Farm 3`~ Addition and au~de't~ie:•~;~nd City Clerk to execute all related .:•:::~• documents. ~ • ~ `'"''' T. SlidirigHill Studk It was recommended to an analysis and feasibility study#~a ~otenti U. Streetscape Study. It was reco ~t#: Group for Streetscaping Plan. "'~`""" contract with Snowcloud Systems for ial winter tubing hill in Central Park. 'contract with the SRF Consulting _ Eagan City Council Meeting Minutes December 11, 2001 Page 3 W. Off-sale Beer Licensee Name Chance. It was recommended to approve anoff--sale beer licensee name change from SuperValu,~ioldings, Inc. to SuperValu, Inc. - • S~~ ~~~ Councilmember Bakken moved;'r,`ouncilmember Tilley seconded a motion to approve the balance of the Consent Agenda. Ay~:~;~ ?~~':':-~ r?~.~ - i :................. ~r~ G. Project 790R (Central Pazkwa~ ~f' f ji{y -City Administrator and City Attorney Dougherty discussed this item regarding right of way purchase and land exchange agreements for Project 7~0 (Central Pazkway). Councilmember Fields moved, Coflmember Tilley seconded a motion to approve the concept of the purchase agreement foi1C'~ht of v`acquisition from Joe Miller Farms, Inc., and the Easement Acquisition / Exchange $~i Maste~~;levelopment Agreements v~ith Lockheed Martin Corp. for Project 790R (Centritl••~arkwa}c~:~nd authorize the Mayor and City Clerk to execute all related documents upon fir•"{~,~~;Lir~q~;~i~;~ity Attorney and City Administrator. Aye: 5 Nay: 0 • • • • • • • • • • • • •.... •.......~:s V. Schematic Golf Course Layout and Feasibility Study City Administrator Hedges introduced this item schematic alternatives for potential golf course la~q}~,t Steve Cox, Chair of the Golf regarding the Committee's preliminary~:~#Cial.proJectio~ consultant to develop alternatives for the propdSed't£~Q~ Committee recommends that the City retain the fu-iri ~;4# and that the City retain John Vallerie of the Firm ECGS to consulting services. a contract to develop three designated study azea. ~e Committee, made a presentation and recommendations for a .e. He stated that the Executive Viiller, Inc. as a design consultant •ovide financial feasibility Councilmember Fields moved, Councihnember Tilley seconded a motion to approve a contract with Gill Miller, Inc. to deve~p,~:~pi'~sch~p~;~ternatives for potential golf course T •:.: ••:: •::: L•.: layouts in the designated study areal ~~vfiff;~~•~tlE a Firm ECGS to provide financial feasibility consulting services as recrotthnendec~~p the Golf Course Exploratory Executive Committee. Aye: 5 Nay: 0 { ,'; ~ ~; ;~ - RE VEST FOR ENVIROI\~vJ[~.~#~% •-•• •1 • T WORKSHEET FOR PATRICK Q ~~~~~ EAGAN PARK LAUREN FLORINS City Administrator Hedges intrgt~~~m regazding a request by Lauren Florine for an Environmental Assessment Worli~k-,fl'~ii~il<c{tal Impact Study (SAW /EIS)for the azea of Patrick Eagan Pazk. Senior Plan:~tidley explaiif'~he two types of Environmental - - Assessment Worksheets, mandato~Y end discretionary'~'~Ie stated that staffrecommends, at this time, it is premature for the City C„cil to give any d~:~tion regazding an environmental review until the Exploratory Comi:#p~;3~,i~easibility study. ~ _ s Eagan City Council Meeting Minutes December 11, 2001 Page 4 Lauren Florine discussed her request for the EAW. She Mated she understood that once a petition is submitted with 25 signaturest~rthe Environmental Quality Boazd; an EAW must be per~'ormed. She stated the City Counci~:~~eing notified of the petition as a courtesy. Mayor Awada, Council and staf£:d~~C~';~to of conducting the EAW now or at the time of an actual proposal for the,~opert'y."L'dtiiic~ifiember Carlson stated she felt the EAW would be absolutely necessary s#ld a proposal be submitted but it would be premature prior to the submittal of a proposal for'tTi~ property. Mayor Awada stated she felt due to time factors, should a golf course be proposed, it would be feasible to go ahead with the EAW. After further deliberation, Councihnembers concurred that the City should proceed with an EAW at this tune. .;.; ~ Mayor Awada moved, Counci}mber lds seconded a motion to order an Envirorunental Assessment Workshe~cjm the Pck Eagan Park and Patrick McCarthy •.~::. property. Aye: 5 Nay: 0 .., ' ;.} PUB~.YC''~'A'~Yl'~i~~f' 2002 GENERAL FUND BUDGET AND TAX LEVY City Administrator Hedges made a the proposed budget and property tax levy for 2002. Mayor Awada opened the Joe Bari questioned the bonds for the Services Van Overbeke addressed the issue. . Director of Administrative There being no further public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. Councilmember Cazlson mov~; _~~s~il~e~~:~aelds seconded a motion to set the 20021gvy and budget consideratio~~~ir the'~er'f $; 2001 City Council meeting. Aye: 5 Nay: 0 `'"f ~~ PROJECT 794, RIV~~:,~~~~!:x€~~B,~ET IMPROVEMENTS) •. J S ..... • .•:M~.1J City Administrator Hedges introduced this item regazding River Hills 9'~ street improvements. Public Works Director Colbert gave a brief review of the City's neighborhood revitalization through street rehabilitation ~oj j cts in general and then introduced Dave Hutton of WSB and Associates who gave a r~~:~t~igpsed street improvement project. Mayor Awada opened the c~hearingS.Th' ~. ~' eing no public comment, she turned discussion back to the Council. f:;: ; •$,~ { {{ .. • :• ~ :....:•fi ~..::•f.Y:L 6 Eagan City Council Meeting Minutes December 11, 2001 Page 5 Councilmember Carlson moved, Councilmember Tilley seconded a motion to close the public hearing and approve Project 794~:,iver Hills 9`~ -Street Improvements) and authorize the preparation of detailed plans and specii~ti~ions. Aye: 5 Nay: 0 PROJECT 855, OAK CHASE 6~••~4'~,~.;k,~$~rc'~~'~STREET IMPROVEMENTS) r..• ...... ............:•: y.:w City Administrator Hedges inticed this item regazding Oak Chase 6m, Ches Mark East Additions street overlay. Assistant Cifj%~ngineer John Gorder gave a staffreport. Mayor Awada opened the public hearing. There being no public comment, she fumed discussion back to the Council. ;e:;:.y f: ti•..,. Councilmember Carlson mov Councember Bakken seconded a motion to close the public hearing and approve Project 85~~~Oak C~ 6`~, Ches Mar East Additions -Street Overlay) and authorize the preparation of detaileti'~lans and specifications. Aye: 5 Nay: 00 ;, PROJECT 801, SILVER•)~~I:Y:')!tC#~~'~~T IMPROVEMENTS) City Administrator Hedges introduced this item regarding Silver Bell Road street improvements. Dave Hutton, WSB and Associates gave a report on the proposed improvements. Mayor Awada opened the public turned discussion back to the Counc~:~:~::; no public comment, Mayor Awada Councilmember Bakken moved',•~)vi~i#~~ls~i~mlier Tilley seconded a motion to close the public hearing and approve Project 801 (Silvei;f~}j:;~.,,~,Street Improvements) and authorize the preparation of detailed plans and specifications. • 1si~¢i~~ ~ Nay: 0 PROJECT 759R, BEAU D' RUE (STREET IMPROVEMENTS) City Administrator Hedges introc~ced this item regazding Beau d'Rue street improvements. Mike Foertsch, SEI3•;'::;~3•'',';~~:~:~taff#eci;# ~= Mayor Awada opened the p~tf3fic heari ~ • John Fitzgerald, a business#~~:#1#;t~re~t,:.6# he felt the project will put Beau D'Rue into a secondary status. He~ti~g~sfeel~'~:tf~~. ade into a circle road rather than a service road. He expressed concerned over necessary access and tum lanes. Mr. Foertsch addressed the concerns. Hugh Fitzgerald, owner of Ce~,irr~~JCpressed concern over access to his property and the lack of turn lanes.__~;:_ ~=f• ' ~' •'~~:•:,~ John Parranto, Delta Devenent, stated he is~favor of the project but would like to see the utility lines placed undergi?d ~ He alsg•~~,~l~t#:~e would prefer smaller drive lanes. c Eagan City Council Meeting Minutes December 11, 2001 Page 6 Jerry, All American Recreation, questioned the access to his property. He wa_ s also concerned about truck access from the h~}c of his property. Margo Danner expressed concert„re~ardin~ increased traffic with future development in .. • • ~'... , ...~ • •,. ,•.•r'V1 the area and landscaping along the parl~i?ir~}~:;'.fit, ~:c~z~gestions regarding the name change of Beau D'Rue Drive. f""" "'••••••••• •'~~~~~Y l..f{ There being no further public ca[~nent, Mayor Awada turned discussion back to the Council. Mayor Awada asked about leaving the landscape median in up to Silver Bell Road. Public Works Director Colbert discusthe lacJ~ cif turn lanes. He also discussed the proposed plans regazding proposed developmeri~ s',iq the arg`a; • Councilmember Tilley questioned the uti~ify lines being buried underground. Director Colbert stated it was a possibility to ha?~R#~~:~,~it would be at a cost as Dakota Electric would not bury the lines withou~`Tef12iU'~ir'~itein.~ •:~f Councilmember Bakken suggested that some of the medians be shortened to allow for tum lanes. .:.:: Councilmember Carlson stated that futuFe;~.QI~nt in the azea needs to be kept in mind. :~ ::~ f ~ :; Councilmembers agreed that I~~~~i;;'•ar~ is:t$ be included along the entire length of Beau D`Rue Drive; 2) the name be changed•fd~;.Lt~t?,~~ Parkway before further development of the area occurs and notices be sent out regarding tli~`~#e change; and 3) the median be shortened Public Works Director Colbert stated that final plans and specifications will be brought back before the Council early next year with notices to affected property owners regazding the street name Chan e. '''"''"'' :•:':~ ~ A Councihnember Tilley mov~tf'iCounci~'i~inber Fields seconded a motion to close the public hearing and approve Project,.•~~,~'~~R (Be~}~9'Rue Drive -Street Improvements) and authorize the preparation of detaile~~s¢~ee;3Lio~s including the three additional items. Aye: 5 Nay: 0 A. f ::::•::•:... ...... s~::::~:{ PROJECT 849, DEERWOOD PLACE STORM MITIGATION IMPROVEMENTS City Administrator Hedges intt , , , ; f ;` ~c~~n regarding Deerwood Place storm mitigation improvements. Public VS•Z.~lireCtvr~~-t gave a brief overview of the project . and introduced Kevin Kimmes, Botioo Rosene Ai#~#,L71ik and Associates as the City's construction mana er for the sto ti ation im rove ~''~ nts. Mr. Kimmes made a resentation g ~?~ g P A?;~ P regarding the proposed storm miti'I2on im~roye~g}~tx Mayor Awada opened the pub7ic•fieaiiiig~•'~' '••'~r''~ P' -- Eagan City Council Meeting Minutes December 11, 2001 Page 7 One resident, representing the neborhood, spoke in favor of the project. -• ~;:°=: 1::•!S There being no further public comment, Mayor Awada fumed discussion back to the Council. {.: •'• ::• ::ti:•r:Y: s ~~' • ~.• Councihnember Bakken mov ;~ouncilmember Tilley seconded a motion to close the public hearing and approve Project 84~'#$eerwood Place Storm Mitigation Improvements and authorize the prepazation of detailed plans and specifications. Aye: 5 Nay: 0 OLD BUSINESS .,.•.;_} 1:::: 'N. :1. BID AWARI~~'OR CIMUNITY CENTER , City Administrator Hedges intrd~uced tli~~item regarding contract's recommended by Stahl Construction, the construction ri~,~~}:~f3ommunity Center. Parks and Recreation Director Vraa gave a staff iepoi`['~ii'f'~if~di~i~~~atherine Lazson of TKDA, Harry Hern and Scott Everson of Stahl Construction. Mayor Awada questioned a letter received from Mike Gresser regarding the bids. Mr. Everson explained that some bids were stand alone sectiQ~s~nd some were combined bids (concrete and masonry). Mayor Awada askedaht3~k#3'f~ial change to include a possible stone alternate should the bid be accepted...;:,1~;~;~in~~ommended tabling awazding the masonry and concrete bids (Contract 3 and 4)i'~ecisions Fi~?re been reached regarding the materials. Councihnember Fields moved, CounCifiiiQi;~~ey seconded a motion to approve those contracts recommended by the construction mafii~,bY f Stahl Construction) with the exception of Contracts 3 and 4 for the Eagan Community Center. Aye: 5 Nay: 0 NEW BUSINESS City Administrator Hedges $i'~~ussed•'7•titem regarding the 2002 Fee Schedule establishing fees for various City ses, sug~es and materials. ' .•: .;;_;,# s;:; ~ ;:;:~ ::::•:~:;:;:;: Councihnember Tilley mod'i;~ ~`t~s~t~t;33~kken seconded a motion to adopt a resolution approving the 2002 fee schedule establishing fees for various City services, supplies and materials. Aye: 5 Nay: 0 PROPOSAL FOR MEMORIAL,~~~~~~..~.w CENTRAL PARK -PAT DOLNEY City Administrator Hedges~s#~duced this itei~;#yggarding a proposed memorial gazden in Y: A Central Park. f ;;:.+ . ~,~ • f.~ ..~ { .~ ~= I:•: ~•: '•'.: •~.~•J• :••~ 1.:•:•7777 .Patrick Dolney made a pre~j#YsR#:i'~;proposed memorial. He also explained _ the partnership with the Eagan Founc'~'atioii: ""''''~""'''''''x 9 Eagan City Council Meeting Minutes December 11, 2Q01 Page 8 Councilmember Cazlson moved,;,~ouncilmember Fields seconded a motion to direct staff to proceed in implementing the memor:~azden in Central Pazk. Aye: 5 Nay: 0 .•:: •.. DIRECT STAFF TO.DRAF`~~ ~,, s;~Y]~`,., : • - • TT AGREEMENT WITH COMMONBOND COMMi1~=I'~~~~;rA'~FG WESCOTT SQUARE {~; City Administrator Hedges intrtced this item regazding a proposed redevelopment agreement with Common Bond Communities in regazd to Wescott Square. He introduced Doug Mayo of CommonBond Communities who made a presentation regazding the background of CommonBond. He requested that Council direct staff to work with CommonBond in the redevelopment plan of Westcott Squa~:?~ •. r :'.~- John Sowards, Lakeville, MN",'•',~',{e of th~;~vners of Wescott Square, discussed the ownership and management of Wescott$quaze ~-:#~'e requested that the Council aclaiowledge that the past conditions at Wescott Squaze;~#~:~i~~~;;;;:•yyent on to state he would welcome the Council's input into any issues pei~taiii~tg•~o-~~At~:liaze. He stated the group of owners of Wescott Square are a cooperating group. Charles Billmeyer, resident and part owner of Wescott Square, discussed resolution of past problems. He stated that many improvements have peRn made and requested that Council meet with the current owners of Westcott to di~GUs;~;~~ur~:#;ather than turn to an outside group for redevelopment. • _ _ , , .. _ _ , • _ _ _ , Councilmember Carlson stated•#sh~,a,,p~reis8'that the City needs to be more involved with the current owners of Wescott Square:' ~'~'~t~Y~il~strator Hedges displayed pictures of damaged siding on the buildings at Wescott Square' ~~3cilhneyer stated that the siding is defective and the owners have submitted claims to the manufacturer. Councilmember Bakken stated that it is the intention of the Council to open up the channels of communication regarding Wescott Squaze. Councilmember Tilley state~F Y~ 4fb ~ to residents of Wescott Square to have to live with the poor maintenadr~ of the dings. She also stated she would like to see more dialog with the current owne}~:i~' Wescgt~~egazding their plans for improvements. - Councihnember Bakken m~tie~~~'illey seconded a motion to direct staff to draft a redevelopment agreement with CommonBond Communities regarding Wescott Square. Aye: 5 Nay: 0 AMENDMENT City Administrator Hed€ Amendment changing the land i Density 4-12 units/ac) to RC (R~ from R-1 (Single Family) to PD Diffley Road and Johnny Cake l ed this if;~gazding a Comprehensive Guide Plan ion of appiU'~imately three acres from MD (Medium ercial) and.•~~~'•ezoning of approximately eight acres ~~ir3 f ~} ':located at the Southeast intersection of . =~5 ~afiner Ridley gave a staff report. /D =- - Eagan City Council Meeting Minutes December 11, 2001 Page 9 •David Schraeder, representing oar homeowners in the area, expressed the opposition of themeighborhood of the change in land~t~e designation. He suggested that the item be tabled to s ~ .' allow time for discussions between the'!/i~y and the neighbors to determine residential friendly businesses to locate in the area.. He s f•~'1;~'; 1'' eed to be im lemented in the es of businesses that are allowed. '' ~ ~ ~ f '~~'~''• ~'~ ~ =:•:•::~=~ ~~= f~:j++ •':~ Mayor Awada stated that the cil agrees with Mr. Schraeder regarding the appropriate land use, but due to the circumstances of a settlement agreement, there is little choice but to change the land use designation. She stated that when the land is developed, the Council will ensure that the site design will consider the neighborhood. ~;: s Senior Planner Ridley discuss~;#he terr:~f the planned development agreement which include an eight year term and site pl~#}3eview Q~~uture development by the Advisory Planning ~:, s Commission before City Council actitii:' {~'''' ' `~' ;,. Councihnember Bakken sugg~Sfta~ifhra~~d+c~d~i~~~~cluded regarding changing the zoning designation of the property upon development to a recognized zoning district. Discussion occurred regarding the rezoning and it was decided that the following conditions, as taken from the APC minutes of November,~~., 2001 would apply along with the addition of number 6, as suggested by Council~e~}b~jcen. ~~ 1. The developer shall enter int~i::af~~teiiininary nned Development Agreement with the City. '' 2. The term of the Preliminary Planned Deveto'~fr~,~greement shall be eight yeazs. 3. Approved land uses are: a. Commercial uses along the northerly portion of Outlot B comprised of up to two separate buildings an . ' L" e~,s;,p~r, g up to three net useable acres for uses includin ,but .~mui~$' ~~~~ moire; a medical clinic; a convenience center/gas station; miss I reslant, a day caze center; atwo-story office building; and uses o~€~e sameracter and intensity. - . ; •:.:;ti b. Single-family detac~oi~i~i#ety portions of Outlot B not used for commercial retail and office/services uses, at a maximum density of 5.5 units per gross acre. 4. Planned Development plans/ex}~i#~Sfg~o a cohesive site design (building materials, landscaping/screening, sign•-4 ~Sg'ilfifi~~ an features, etc.) shall be prepazed and , submitted as part of the inip~ommercial Fanned Development request. • 5. Each Final Planned Devel gent application sT~a~l require Site Plan review by the Advisory Planning Co '~'' n prior to beinged upon by the City Council. 6. • Upon full development, th~ir;~;i~~:i€ es shall be redesignated to a standard zoning district. .......:.....:~~'f~:.:.::r:'~ // - Eagan City Council Meeting Minutes December 11, 2001 Page 10 . Mayor Awada moved, CounciletDber Tilley seconded a motion to direct staff to prepare and submit the Comprehensive Guide f3~ti Amendment information ~to the Metropolitan Council for review of the proposed amendment•i~it~:~nd Use Designation on the northerly 3 acres of Outlot B, Mallard ~a~k~:~'~~i~cT~t:~vID to Retail Commercial (RC) located in the NW %. of Section 28 sul~ to the following conditions: Aye: 5 Nay: 0 ;:mss COMPREHENSIVE GUIDE PLAN AMENDMENTS' City Administrator Hedges introduced this item regarding 2000 Comprehensive Guide Plan Text Amendments to describe pol3,~ry standards for Special Areas #1, 2, 3 and 6 located throughout the City of Eagan. Senior::nner }y gave a staff report. Councilmember Bakken movc~'~Councimber Fields seconded a motion to approve a Comprehensive Guide Plan Amendm;~~ttft~#;. ~•,9~a~;.#~J~,(The Waters) located in northeast Eagan. Aye: 5 Nay: 0 • • • • • • •.~.~~.~.'~~~.'~',' .......... Councilmember Bakken moved, Councilmember Fields seconded a motion approve a Comprehensive Guide Plan Amendment for Special Area #2 (TH 55/149 Business Park Triangle) located in north-central Eagan. Aye: 5 Nay: 0 Councihnember Bakken mo~~~d{ihcilme>~$er Fields seconded a motion to approve a Comprehensive GuidaPlan Amendme~;~Cs7'r;;~eciarAirea #3 (Rural Residential) located in northeast Eagan. Aye: 5 Nay: 0 5:~~ ~r Councilmember Bakken moved, Councilmember p~elds seconded a motion to approve a Comprehensive Guide Plan Amendment for Special Area #6 (Lebanon Hills Regional Park) located in south-central Eagan. Aye: 5 Nay: 0 ORDINANCE AMENAII>~~ TO„C,..~~1;]e~TER 11, SECTION 11.40 'City Administrator Hedges bduce ~.•~•• ' item.regarding an Ordinance Amendment to Chapter 11 entitled "Land Use Reg;K#~tions (~g~ng)" of the Eagan City Code to amend Section 11.40, Subd. 5 regarding Zoning Ot;S~#1?a~~.~dments Senior Planner Ridley gave a staff repo. A:J•:+:~•:i{~ .. '•',';~ .... ~{Y Councilmember Bakken moved, Councilmember Fields seconded a motion to approve an amendment to Chapter 11, Section 11.40, Subd. 5 (A). Aye: 5 Nay: 0 ORDINANCE City Administrator Hedge Chapter I 1 entitled "Land Use R 11.03 Definitions for Fences and 11, SECTION 11.03 ed this iteii~t~~iegarding an Ordinance Amendment to (Zoning)"ihe Eagan City Code to amend Section /a _ _ Eagan City Council Meeting Minutes December 11, 2001 Page 11 Councihnember Bakken moved, Councilmember Fields seconded a motion to approve an amendment to Chapter 11.10 Subd. ~O,.~Fences) of the City Code addressing fence maintenance standards. Aye: 5 Nay: ~:~: t•:: ~:.:,. CONSIDER POLICY CHANGE k?~;~c~~~E~~3ITY CASH MEDICATIONS IN SINGLE FAMIL=Stt~t$#~F;~~JBDIVISION {r~ City Administrator Hedges intsjiced this item regarding water quality cash dedications in single family residential subdivisions. Parks.and Recreation Director Vraa discussed the proposed policy change. Councilmember Carlson mov~;tCouncilmember Fields seconded a motion to approve the change to modify the amounts of approto the water quality cash dedication schedule for single-family subdivisions and ling the of parcels to one-half acre' Aye: 5 Nay: 0 2002 BUDGET -STORM DRAIN~'a~:~ ~~~~.~~,I,A.I•ITY DEPARTMENTS OF THE PUBLIC U~~~:3:~~£~)SE FUND City Administrator Hedges discussed this item reganiing the 2002 proposed budget for the Storm Drainage and Water Quality Departments of the Public Utilities Enterprise Fund. The item will be scheduled for City Council action at the December 18, 2001 meeting. ORDINANG~ ~~1VIE~,4~,k,'.T TO CHAPTER 4 ~;;: Senior Planner Ridley discussed 'tliis~#n ~,;~pg a proposed amendment to Chapter 4.20 of the City Code regarding the placement, erebt~D~ maintenance of signs addressing business sign definition. '• Councihnember Bakken stated he feels the proposed amendment may be too restrictive. Mayor Awada moved, Counc~l~ee~ Carl~pR;,onded a motion to table action until Councilmembers Bakken and Field~:x~;:i:#endment. Aye: 5 Nay: 0 l.•: Mayor Awada adjourned tl~,:~Q~ucil,tin~,at 11:35 p.m. to convene as the Economic Development Authority.. ;rf;::~~:~::; '~'~~''~~ Mayor Awada reconvened the City Council meeting at 11:40 p.m. Steve Westin, member of tfie~Iinnesota Valle'j~:i~udubon Club, read a letter from the Audubon Club opposing the deve#fnent of Patrick E '~, n Park into a golf course. Mayor f ~~''' a olf course but that a task force is reviewinXpthe ssibil~eof a olftid~sa~~~~~~~r Awada asked if Mr. Westin was g P h' g ~~ ~ /3 Eagan City Council Meeting Minutes December 11, 2001 Page 12 opposed to a golf course on property that excluded Patrick Eagan Park. Mr. Westin responded no. - . - Bea Blomquist 4504 Oak Chas~'~$ad, read the mission statement of Patrick Eagan Park Preservation Committee. She stated th~~;~#it~;t~posed to any part of Patrick Eagan Park being used for a golf course. Maj+di-~~vrec~:a~~3lomquist if she and the Preservation Committee aze opposed t~:~~olf course on property excluding Patrick Eagan Park. She stated no. - sa~ Karen Flood, 1 S 18 Lone Oak Road, discussed the proposed 2003 County upgrade of Lone Oak Road. She expressed concern over safety and requested that the City arrange a meeting with Dakota County and the ~r.>~hborhood to address their concerns. She requested that a member of the Council serve as a lia~;~n to wwith the County and the neighborhood in the early stages of the planning process. ptj~-lic Wo~kS Duector Colbert stated thi§ would be a county initiated project. Councilmem'~r Cazls~si:~greed to serve as liaison. Mayor Awada directed this liaison designation be p12c~j:{~CC#~~.~?~o.~xtb~?E;3.8, 2001 Consent Agenda for formal Council action. ••••••••••• ...... ........f ADJOURNMENT " The meeting adjourned at 12:00 a.m. into an Exec~ive Session to discuss a condemnation matter. ••f: . ` f ~~;: Date ~ Deputy City Clerk :; If you need these minutes in an alternative form such as~lage print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4600, (TDD phone: (651) 454-8535). The City of Eagan is committed to th~.~~i~ jr;;hat a]j,Qns have equal access to its programs, r.•:.:'•:: •.:: services, activities, facilities and ecttt~~+iiieftiV~;;: ;•~lti~~~trd to race, color, creed, religion, national origin, sex, disability, age,~e~tual orition, marital status or status with regard to public assistance. '•'•=•' ~- - .. ~ ;; fe••:;~~•x„ {~.'• %S•'• ~•~ • ••S ~ • •'~,'~;;::ESL }'•• f ' •f • ,•f ••• } ~~f -_ Agenda Information Memo December 14, 2001 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. 2002 Compensation/Non-Collective Bargaining Employees- ACTION TO BE CONSIDERED: To approve the following: a) For regular non-collective bargaining employees, a compensation rate increase of 3.5% across the board effective January 1, 2002. b) With the exception of election judge rates and seasonal and temporary Parks & Recreation employees, compensation rates for temporary, non-collective bargaining employees also will be increased by up to 3.5%. c) Car expense allowances for the City Administrator and Department Heads will be increased by 3.5%. d) Mileage will be set at the IRS amount (the 2001 amount is 36.5¢ a mile). If the IRS increases or decreases this amount, the City's amount will automatically adjust to the new IRS rate. e) The City's contribution for family health insurance premiums will increase by $41.56 per month (half the total dollar increase for 2002). Item 2. Youth Development Coordinator- ACTION TO BE CONSIDERED: To approve the hiring of Colleen Callahan as Youth Development Coordinator. Item 3. Senior Building Inspector- ACTION TO BE CONSIDERED: To approve the hiring of Mike Lence as Senior Building Inspector. Item 4. Part-time Seasonal Winter Recreation Leaders- ACTION TO BE CONSIDERED: To approve the hiring of Mark Adrian, Rebecca Bates, Chris Bates, Lucas Behnke, Sara Bergherr, Dan Bjerke, Andy Bjorge, Wayne Bruestle, Nick Callahan, Anthony Davis, Laruen Deiman, Alex Doneshefsky, Cony Freeman, Kyle Fritze, Michael Grieger, Paul Hirte, Kevin Hannon, Brad Harberts, Derek Harmon, John Hayden, Mike Kabakov, Ben Kelley, Diane Kline, Ben Koenke, Melissa Kuckler, Alexander Lano, Doug Lindow, Sara Linnenkamp, Peter Loosbrock, Mike Mason, Lynn Matty, Kyle Manikowski, Ryan Moy, David Nelson, Jonathan Phillips, Lindsay Pickrell, Chris Pittelkow, Dan Robillard, Jenny Rummel, Maya Schwartz, Erin Severson, Lindsay Severson, Jon Steining, Brennan Squires, Jeanne Stafford, Mara Taney, Ross Tervola, Peter Vanderlinden, Christina Walerak, Nick Williams, Inel Woo, Alice Wood and Brandon Zingle as part-time seasonal winter recreation leaders. ~~, Agenda Information Memo December 14, 2001 Eagan City Council Meeting Item 5. Part-time Seasonal Winter Recreation Program Assistant-- ACTION TO BE CONSIDERED: To approve the hiring of Richard Berg as apart-time seasonal winter recreation program assistant. /6 Agenda Memo December 18, 2001 CONSENT AGENDA C. APPROVE 2002 LICENSE RENEWALS ACTION TO BE CONSIDERED: Approve 2002 Trash Hauler License renewals; 2002 Tree Contractor License renewals; and 2002 Tobacco License Renewals; FACTS: • Staff has reviewed the renewal applications and deem them in order ATTACHMENTS: • List of renewals is attached as page /7 2002 TRASH HAULER LICENSE RENEWALS Construction/Demo Veit Disposal Systems 14000 Veit Place Rogers, MN 2002 TREE CONTRACTOR LICENSE RENEWALS The Rainbow Tree Company All Star Lawn 2239 Edgewood Avenue S 26242 Ipava Avenue St. Louis Park, MN Lakeville, MN Lawrence Tree Removal 3363 E. 170's Street Rosemount, MN 2002 TOBACCO LICENSE RENEWALS Casper's Sports Baz Tobak Shack 4625 Nicols Road 3950 Sibley Memorial Highway Eagan, MN Eagan, MN Tobacco Joint Cooper's Restaurant 1960 Cliff Lake Road 4185 S. Robert Trail Eagan, MN Eagan, MN /~ Agenda Information Memo December 18, 2001 Eagan City Council Meeting D. CORRECTIVE PLAT - LETENDRE ADDITION N0.3 ACTION TO BE CONSIDERED: - To approve a Corrective Plat (Letendre Addition No. 3) and grant an extension for recording until May 15, 2002; located near Letendre Street and Highway 13, in the west'/z of Section 9. FACTS: - A 1998 land survey prepared in conjunction with aland/home purchase revealed that a "plat shift" of 20 feet to the east and 10 feet to the south had occurred over time. In all, ten properties in Letendre Addition No. 2 are affected. - According to the applicant, all ten of the property owners agreed to a replat and pitched in to cover the cost of hiring a surveyor, making the Mylar copies of the corrective plat, and the cost of recording the plat. - Upon completion, the surveyor submitted the new blue-line plat drawing to Gary Stevenson, Dakota County Surveyor and it was determined that the new plat would be acceptable for recording. - In addition to each of the ten property owners signing the plat, the Dakota County Recorder will also require letters of consent from each of the ten property owners' mortgage holders before the plat can be recorded. ISSUES: - Due to the complexities of getting 10 property owners and 10 mortgage companies on the same page, at the same time, the applicant is requesting that the 60 day recording requirement be extended to May 15, 2002. ATTACHMENTS: (2) Plat drawing, page ~0 Applicant's Narrative, page ~~ through ~~. /~ li0i116QY 21YHYk 16'38+'8 3ik43.+.Y Q?YtiGL• ~ Leos s N. O a. ~ A~ - - -- - - i ... i V~ . s+.5.~ Oe ' ' ~ s 7~M'GM~ Q1M100 s ~ I i s~.w ~rw~ .ray 1 ~ 1 ' O ~ ~ - 1 s o ~ o e + W _ f J J ~ ~ pK n ~' 1 1 W ~ U 1 •l ON~as.~V~.M~ ' ~ 1 W d~ v..s.sma.agw<snio ~ (~ •FS ~ f ~~ 1 ~~ 6 a' 1 " r- ~ 11~A ` ~ 1 ~ r i o :7' 1 r d ~ ~ WI h 3a~c., ~ i W 1 ~ ~ 1 ~ ~~ I Z i • ~~ Lk, O r j ~ ~ - ~ ' -- ~j 1 i~ f ~ c y ~~ j------- .(~.y~ ~ ~ __ t v +om aawn ~ ~.. t ~`~ i ~ 1 aka o 1 - 1 {J ~ 1 ~\ ~ ~ 1 -~ ~ ~ 1 Y. ~ 11., Ch• 4 .~ !1 ~61~"t ~ ~' '~'iC~ ~~ `'~ ~~ a ~' ` \ is A ,+ ~1~~ ~V ~~! - _., - ~ ~ ~ ~_ ~,- ~ t. Y Z~~~~ 8 is ~•~~~ €~ ~= ~~~~ ~p ~ `~ ~ ~ ~~;i~ w E ~ z~-~a ~ ~ g@ E ~g ~swN oZo ~ ~ r------7------, ~ ~~ I I I L~~__~~_J _ _.J `_ i 1 1~ ~ ~ ' f ~6 ~ ~ ~ December 13, 2001 Mr. Mike Ridley City of Eagan Senior Planner 3830 Pilot Knob Road Eagan, MN 55122 Re: Letendre Addition No.3 Replat Approval Dear Mr. Ridley: I am one often property owners, the neighborhood liaison and the applicant for the Letendre Addition No.3 plat approval. At this point in time, I am not sure if I want to be any of the above. Dealing with city staff has been informative to say the least. Without the help from Marilyn Wucherpfening, I would still be at point A. As of last week, I submitted the required papers for the approval of the "corrected plat" of Letendre Edition No. 3. I will try to make the chronological order of events to the point. ^ In 1998, the Van Winkles (lot #8) looked out their window and decided that the property they purchased as an acre was not an acre. They contacted their title insurance company and had a survey done. Bolton-Menk, Inc did the survey. It showed that the lot was in fact short of the one acre that they had purchased. The survey performed by Bolton-Meek showed a plat shift of 20 feet east and 10 feet south of the legal description. This shift not only affected the Van Winkles, but all properties encompassing them. We now have a floating template, which now brings us to the survey from hell. ^ In order to reconcile the Van Winkles property problem, their title insurance company, Common Wealth, purchased the appropriate amount of land from Richfield Blacktop (lot #9). ^ With Common Wealth and Bolton-Meek as our guides, it was agreed by all the property owners to re-plat the entire Letendre edition. It was the decision to use the fence lines as the boundaries. This was not disputed. Most property owners have lived here for twenty-five years and have always used the fence lines as their boundary. With our course set sailing appeared smooth until one month later the Van Winkles sold the house and split. The new owners, Tom and Constance Koopman, are the new players in this three-year story. ^ Note that not one property owner has lost or gained footage with this re-platting outside of the Koopmans. The only thing changing is the legal description. I have been told that one reason that the City of Eagan is so strict with surveys is there is 1% of the city that is in limbo. This is it. ai As the acting representative and applicant, I am requesting an approval of the re-plat survey. Mr. Gary Stevenson from the Dakota County Surveyors office has given his approval so far. I would also like to request an extension on your seal of approval. I realize that your decision is only valid for 60 days. If you could grant an extension until May 15, 2002, it would help the ongoing effort. The property owners, who have mortgages, require filing at the recorders office a letter of consent. Some of the owners are in the holding mode with their mortgage companies. We would appreciate your approval this extension request in order to help smooth the way for those property owners. Trying to deal with ten people and ten finance companies has been an obstacle throughout. I appreciate your attention to this and look forward to the opportunity to answer any questions you may have. Sincerely, Michael C. Billmeier (lot #4) 1673 Letendre Street Eagan, MN 55121 (651) 454-2150 a~ Agenda Information Memo December 18, 2001, Eagan City Council E. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING & PRELIMINARY SUBDIVISION -SHELTER CORP. ACTION TO BE CONSIDERED: To approve and implement a Comprehensive Guide Plan Amendment changing the land use from RC (Retail Commercial) to MD (Medium Density Residential) upon 17.1 acres of land located west of Nicols Road and north of Erin Drive in the SW %4 of Section 30. To approve and implement aRezoning/Preliminary Planned Development for the construction of 138 townhome units on 17.1 acres located west of Nicols Road and north of Erin Drive in the SW '/o of Section 30, subject to the conditions in the APC minutes. To approve a Preliminary Subdivision (Cedar Villas) to create two lots on 17.1 acres located west of Nicols Road and north of Erin Drive in the SW '/< of Section 30, subject to the conditions listed in the November 8, 2001 City Council nunutes. FACTS: • The proposed Preliminary Subdivision consists of two lots. The proposed Preliminary PD involves a total of 138 townhome units and site amenities such as a central clubhouse, swimming pool, two tot lots, one older children's play area and a basketball court. • The Advisory Planning Commission held a public hearing on August 28, 2001 and recommended approval of the Comprehensive Guide Plan Amendment, the Preliminary Subdivision and the Preliminary Planned Development Amendment, subject to the conditions in the minutes. • On November 8, 2001, the City Council approved the submittal of the Comprehensive Guide Plan amendment to the Metropolitan Council for review. Action was not taken on the Preliminary Subdivision or Preliminary Planned Development, pending Metropolitan Council review of the Comprehensive Guide Plan Amendment. • On December 3, 2001, the City received formal response from the Metropolitan Council that the plan is in conformity with the metropolitan system plans and with the Regional Blueprint. Consequently, the City Council may now implement the Comprehensive Guide Plan Amendment and take action on the proposed Preliminary Subdivision and Preliminary Planned Development. ATTACHMENTS: ~ ~~. Correspondence from Metropolitan Council, pages November 8, 2001, City Council minutes, pages a.~ 11/30t01 16:11 FAX 651 602 1674 PLNG GROWTA Cmooz Metropolitan Council Building communities that work November 30, 2001 Pam Dudziak, Associate Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Comprehensive Plan Amendment -Land Use Designation Change Cedar Villas (Shelter Corporation and the Dakota County CDA) Metropolitan Council Referral File No. 18274-4 Metropolitan Council District 15 Deaz Ms. Dudziak: Metropolitan Council staff has completed its review of the comprehensive plan amendment submitted for a Land Use Plan change. The amendment involves redesignating 17.1 acres of land from Retail Commercial to Medium Density Residential. The change will accommodate the planned development of 138 units at 8 units per acre. The Cedar Villas project will include 104 units developed by Shelter Corporation and 34 units developed by the Dakota County Community Development Authority (CDA). This comprehensive plan amendment is consistent with housing goals set forth in the city's plan and with regional housing policy. This change will allow the development of new rental units representing approximately one-third of the city's new rental housing goal to 2010 given the forecasted growth identified in the city's recent comprehensive plan update. It similarly represents about 40 percent of the city's new affordable rental unit goal through 2010. The affordable units proposed in the development will receive financial assistance through both the Dakota County CDA and the Minnesota Housing Finance Agency, which were identified in the plan's implementation discussion as funding partners. The plan amendment represents a major step in improving the supply of affordable rental housing in Eagan. The city and the Dakota County CDA are commended for their efforts to facilitate this project. Our staff review finds that the proposed amendment is in conformity with metropolitan system plans, consistent with the Regional Blueprint and has no impact an the plans of other units of local government. Therefore, the Council will waive further review and the city may place this revision into effect. .wvw.metrocoundl.org a ~ Metro lnfo Ltne 602_ 1666 230 East P1fth Street St Paul, Mtaneaota 551 01-1626 • (651) 602-1000 • Flax 602-1550 • 'I'1Y 281-0904 M ~+~ ~PP°b~^W+SnWbYer 11/30.'01 16:11 FAX B51 602 1674 PLNG GROV9TH Pam Dudziak November 30, 2001 Page 2 The amendment and explanatory materials supplied will be appended to the city's plan in the Council's files. If you have any questions regarding this review, please contact Michael King, Sector Representative/Principal Reviewer, at 651-602-1438. Sincerely, Phyllis Hanson, ger Planning and Technical Assistance cc; Carolyn Rodriguez, Council District 15 Caren Dewar, Deputy Regional Administrator Michael King, Sector Representative /Principal Reviewer Cheryl Oisen, Referrals Coordinator boos ~s Eagan City Council Meeting Minutes November 8, 2001 Page 8 Councilmember Carlson moved, Councilmember Fields seconded a mot' to approve certification of delinquent utility accounts to Dakota County for collection property taxes. Aye: 4 Nay: 0 TION OF DELINQUENT FALSE ~L'ARM BILLS City Administrato edges stated the City currently h approximately 14 false alarm accounts with delinquent pa ents and the assessable am t is $3,875.00. Mayor Awada opened the p lic hearing. T re being no public comment, she closed the public hearing and turned discussion b k to the uncil. Councilmember Tilley moved, Coun ember Fields seconded a motion to approve certification of delinquent false alarm bill o Da to County for collection with property taxes. Aye: 4 Nay: 0 CERTIFICATION O DELINQUENT NOXI S WEED CUTTING BILLS City Administrator H ges stated the City currently has one n sous weed cutting account with delinquent p ents and the assessable amount is $155.00. Mayor Awad pened the public hearing. There being no public comment~e closed the public hearing and rned discussion back to the Council. Coun 'member Carlson moved, Councilmember Tilley seconded a motion to approve certificatio of delinquent noxious weed cutting bills to Dakota County for collection with property Yaxes. Aye: 4 Nay: 0 OLD BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING & PRELIMINARY SUBDIVISION -SHELTER CORPORATION City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan amendment, a rezoning and preliminary planned development and Preliminary Subdivision for 17.1 acres located west of Nicols Road and north of Erin Drive. Senior Planner Ridley gave a staff report. Mayor Awada discussed the process that has taken place regarding consideration of the proposed project over the past few months. She thanked Councilmembers Tilley and Carlson for their work with the developer in modifying the project. Jay Jensen, Shelter Corporation, made a presentation regarding the changes that have been made to the proposed subdivision during the past couple of months. He further stated that the over all density of the project has been reduced. as Eagan City Council Meeting Minutes November 8, 2001 Page 9 Mayor Awada discussed the decrease in density. Councilmember Carlson thanked the developer for his cooperation and indicated that she is in support of the rezoning and preliminary planned development and preliminary subdivision. Councilmember Fields expressed her appreciation to the developer and stated she is also in support of the project. Councilmember Tilley stated she felt it is a quality project and is in favor of approval. Councilmembers agreed that conditions of approval shall be amended /added due to the revised site plan and discussion regarding pedestrian movement. The Council discussed the rezoning and the preliminary subdivision. Senior Planner Ridley explained that the Comprehensive Guide Plan Amendment will be submitted to the Metropolitan Council for review. After response from the Metropolitan Council, action on the preliminary planned development and preliminary subdivision will be placed on a future consent agenda for approval. Councilmember Carlson moved, Councilmember Fields seconded a motion to direct that a Comprehensive Guide Plan Amendment from RC (Retail Commercial) to MD (Medium Density Residential) to be submitted to the Metropolitan Council for review and approval subject to the following conditions: Aye: 4 Nay: 0 Rezoning: A written Preliminary Planned Development Agreement shall be executed and recorded with the County Recorder's office. 2. The property shall be subdivided and platted. 3. The owner and applicant and/or developer shall enter into a Final Planned Development Agreement with the City prior to issuance of a building permit. The following exhibits are necessary for the Final PD Agreement: • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Site Lighting Plan • Final Signage Plan 4. The term of this Planned Development shall be five years. 5. The developer shall insure that the building plans, materials and construction of the building improvements are such that they will provide an interior sound level of 45 dBA as compared with a noise level of 65 DNL. 6. Prior to Final Planned Development approval, the developer shall provide a copy of all cross easements and other agreements between the two lots documenting the joint access a~ Eagan City Council Meeting Minutes November 8, 2001 Page 10 to site amenities and use of private streets, as well as any maintenance agreements for such shared facilities within this development. 7. On-street parking should be prohibited along all streets within the development. 8. Building setbacks shall be not less than those shown on the approved Preliminary Site Plan dated October 31, 2001. 9. Amore detailed landscape plan shall be provided with the application for Final Planned Development and shall include underlying grading contours, show plant quantities, and identify individual species graphically. The final landscape plan shall note the minimum size specification for deciduous shade trees is 2-1/2 inches and six feet for coniferous trees, and that automatic irrigation will be provided for all landscaped areas. 10. The development shall provide at least 32,000 square feet of recreational space, which may include play lots, swimming pool and clubhouse, as well as open common yard areas. The basketball court shall not be included in satisfying the recreational space requirement because it is located less than 100 feet from the ponding area. 11. Revised building elevation plans shall be submitted for the Final Planned Development. The plans shall identify building materials and colors. Trim and roof colors shall contrast with the siding for added visual interest. The type of materials shall be consistent throughout both the Dakota County CDA and Shelter Corporation portions of the development, though different but complementary colors maybe used among the buildings. 12. A Site Lighting Plan will be required with the application for Final Planned Development. The plan shall show a fixture details and photometrics. Lighting shall be indirect and diffused and shall not be directed upon public rights-of--way or adjacent properties, and the source of light shall not be directly visible from off the property. 13. The sign plans shall be revised so that the sign height does not exceed 7 feet. The signs shall be set back a minimum of 10 feet from the property lines. Additionally, the sign location at Erin Drive and Nicols Road is subject to City Code Section 11.10, Subdivision 7 regarding traffic visibility. A sign permit shall be obtained prior to installation of the sign and the location confirmed for compliance at the time of permit issuance. 14. All requirements set forth in Section 11.10, subdivision 24 of the City Code shall apply to this development. The developer shall submit detailed plans at the time of application for Final Planned Development demonstrating that these standards are satisfied. 15. The developer shall provide a painted pedestrian land on Erin Drive. Preliminary Subdivision /Preliminary Planned Development ~8 Eagan City Council Meeting Minutes November 8, 2001 Page 11 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: A1, B1, B4, C1, C2, C4, D1 and E1 2. The property shall be platted. 3. Prior to final subdivision approval, the developer shall provide a copy of all cross easements and other agreements between the two lots documenting the joint access to site amenities and use of private streets, as well as any maintenance agreements for such shared facilities within this development. 4. The developer shall insure that the building plans, materials and construction of the building improvements are such that they will provide an interior sound level of 45 dBA as compazed with a noise level of 65 DNL. 5. The developer shall construct the private streets to widths in accordance with City code requirements. 6. This development shall meet the City's water quality requirements through a combination of on-site ponding and cash dedication. 7. The stormwater pond shall be constructed to treat 13.1 acres of the site area. It shall contain a minimum wet-pond volume of 1.23 acre-feet and shall have a minimum area of 0.43 acres. The stonmwater treatment pond shall be constructed according to NURP standards with a maximum depth of 6 feet, a 10:1 aquatic bench beginning at the normal water level, and an outlet skimmer according to City design standards. 8. In lieu of ponding to treat stormwater from 4.0 acres of the site, a cash dedication of $8,770.00 also shall be required. 9. The developer is responsible for compliance with any regulations imposed by Excel Energy concerning construction and grading within the easement on the northern part of the property. 10. Tree mitigation is required and shall be accomplished through the installation of fourteen (14) category B trees (or an equivalent combination of category A and/or category C trees). 11. This development is responsible for cash pazk and trail dedications. The dedication is to be collected at the time of final plat at the rates then in effect. NEW BUSINESS CONDITIONAL USE PERMIT -KEYS WELL DRILLING a9 Agenda Information Memo December 18, 2001 Eagan City Council Meeting F. APPROVE PROPOSED 2002 GENERAL FUND BUDGET ACTION TO BE CONSIDERED: Approve the proposed 2002 General Fund budget. FACTS: • The City held a public hearing on December 11 to consider the 2002 General Fund budget and the payable 2002 property tax levy. • No changes have been made to the budget as presented at the December 11 meeting. The total General Fund budget is $20,795,700. ATTACHMENTS: • Enclosed on pages ~ through,~_ are copies of comparative summaries of revenues and expenditures for the General Fund. .30 2002 BUDGET GENERAL FUND COMPARATIVE SUMMARY OF REVENUES General Property Taxes Licenses Permits Intergovernmental Revenues Charges for Services Recreation Charges Fines & Forfeits Other Revenues Program Revenues Transfers 2000 2001 2002 Change Actual Budget Budget 1 to 02 $ 12,274,640 $ 13,238,600 $ 15,979,300 20.7% -0.4% 16.2% -73.2% 1.5% 6.7% 20.2% -4.8% 3.5% 297.9% 161,473 165,800 165,100 1,117,870 577,300 670,800 3,509,875 2,361,300 633,800 931,967 847,600 860,700 457,089 410,700 438,200 225,144 178,000 214,000 788,318 508,700 484,300 733,757 883,400 914,600 121 7 6 109.300 434.900 TOTAL GENERAL FUND $ 20.3 $ 19.2_ $ 20.7 7.9% 3/ 2002 budexp 2002 GENERAL FUND BUDGET COMPARATIVE SUMMARY OF EXPENDITURES 2000 2001 2002 Actual Budget Budget GENERAL GOVERNMENT 01 Mayor & Council $ 103,883 $ 103,200 $ 104,800 02 Administration 826,721 671,300 681,500 03 Information Technologies 655,991 704,600 976,400 05 Finance/City Clerk 884,594 875,500 1,003,900 06 Legal 341,104 359,800 374,200 07 Community Development 1,228,020 1,400,400 1,388,000 09 Communications - 178,800 367,400 Gen Govt Total 4,040,313 4,293,600 4,896,200 PUBLIC SAFETY 11 Police 6,867,632 7,115,400 7,666,700 12 Fire 950.343 1.064.300 1.155.600 Public Safety Total 7,817,975 8,179,700 8,822,300 PUBLIC WORKS 21 Public Works Engineering 1,234,292 1,114,400 1,204,400 22 Streets 8~ Highways 2,159,678 1,368,800 1,435,600 24 Central Svices. Maint. 453.529 457.200 472.100 Public Works Total 3,847,499 2,840,400 3,112,100 PARKS & RECREATION 31 Parks & Recreation 2,535,033 2,659,200 2,867,400 32 Tree Conservation 246.435 278.900 282.300 Parks ~ Rec Totat 2,781,468 2,938,100 3,149,700 GENL GOVT BLDG MAINT 33 Building Maintenance 495,397 547,300 564,500 Total Expenditures- General Fund 18,982,652 18,899,100 20,544,800 41 Contingency--undesignated 381,600 250,900 Total Expenditures + Contingency $ 19.280.700 $ 20.7 12/13/2001 3~ Agenda Information Memo December 18, 2001 Eagan City Council Meeting G. APPROVE PROPOSED PAYABLE 2002 PROPERTY TAX LEVY ACTION TO BE CONSIDERED: Approve the proposed payable 2002 property tax levy. FACTS: • The City held a public hearing on December 11 to consider the 2002 General Fund budget and the payable 2002 property tax levy. • No changes have been made to the levy as proposed at the December 11 meeting. The total City-wide levy is $19,513,908. The Cedarvale Special Services District levy is $3,000. • Final certification of the levy must be made to Dakota County by December 28, 2001. ATTACHMENTS: • Enclosed on page ~ is a copy of the resolution certifying the payable 2002 property tax levy. 33 RESOLUTION CITY OF EAGAN LEVY OF 2002 REAL ESTATE TAXES WHEREAS, a regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was held on December 18, 2001, at 6:30 p.m., at the Eagan Municipal Center, all members being present, WHEREAS, upon motion by Councilmember ,and seconded by Councilmember NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan, Dakota County, Minnesota, hereby is on record approving and certifying the levy of 2002 Real Estate Taxes for Eagan, Minnesota, which taxes aze payable in 2002 as follows: Revenues: Debt: General Fund $ 15,979,300 Equipment Revolving Fund 742,000 Major Street Fund 1,050,000 General Facilities Renewal & Replacement 105.000 Subtotal Revenues 17,876,300 Community Center/Central Pazk bonds EDA Bonds Assessments on City Property Subtotal Debt Total City Wide Levy Cedarvale Special Services District Levy Dated: December 18, 2001 1,400,000 212,608 25.000 1,637,608 CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, Maria ~Kazels, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 18`~ day of December, 2001. Maria Kazels, City Clerk 3y Agenda Information Memo December 18, 2001 Eagan City Council Meeting H. APPROVE PROPOSED 2002 ENTERPRISE FUND BUDGETS, INCLUDING WATER, SANITARY SEWER, STREETLIGHTING, STORM DRAINAGE. WATER QUALITY. CIVIC ARENA, AND AQUATIC FACILITY ACTION TO BE CONSIDERED: Approve the proposed 2002 budgets for the three Enterprise Funds: Public Utilities (Water, Sanitary Sewer, Streetlighting, Storm Drainage, and Water Quality), Civic Arena, and Aquatic Facility (Cascade Bay). FACTS: • The City Council has previously reviewed alI Enterprise Fund budgets. • The only change from the budgets previously reviewed is in the Aquatic Facility budget, where the 2002 insurance expense has been reduced by $13,700 after review and adjustment of property coverages by the City's insurance representative and Staff. • User fees support all of these budgets. ATTACHMENTS: • Enclosed on pages ~ through ~ are the Public Utilities Fund revenues and expenses summary. • Enclosed on page .L is the Civic Arena revenues and expenses summary. • Enclosed on page ~ is the Aquatic Facility revenues and expenses summary. 3S 2002 220 revenues--110101 2002 Budget PUBLIC UTILITIES ENTERPRISE FUND (Water, Sewer, Streetlighting only) DETAIL OF REVENUES 12/14/2001 Old New AtKUaI AcWal Budget Budget AcG Acct ~~ ~QQQ jQQZ ~QQ~ DEPARTMENTAL: ter Rate per 1000 gallons i 1.05 s 1.00 i 1.00 i 1.00 3711 4505 Water Service Fees 3,519,298 4,004,884 3,638,800 3,780,200 3712 4506 Water Service Penalties 11,464 11,232 11,500 11,500 3713 4507 Water Connection Pemwts 16,200 14,450 15,000 15,000 3716 4509 Sale of Meters 89,718 63,120 87,500 80,000 3719 4512 Water Tum Off/On Fee 4,605 4,515 4,500 4,500 3721 4521 Constr Meter Permits 2,460 1,240 3,000 2,000 3722 4522 Acd Deposit Not Refunded (19) (5) 0 0 3,643,726 4,099,436 3,760,300 3,893,200 ewer Rate per 1000 gallons 1.87 1.80 1.75 1.75 3741 4530 Sanitary Sewer Service Fees 4,537,234 4,223,117 4,638,600 4,250,000 3742 4531 Sanitary Sewer Penalties 13,840 13,561 13,500 13,500 3743 4532 San Sewer Connection Pemvts 15,801 14,451 13,000 14,000 4,566,875 4,251,129 4,865,100 4,277,500 Streetlighttng 3771 4550 Neighbofiood Light Svc Fees 197,967 202,017 200,000 203,100 3772 4551 Neighbfid/Comet Lt Penalties 559 548 500 500 3775 4560 Community Light Service Fees 157,369 160,692 161,400 162,400 355,895 363,257 361,900 366,000 Storm Drainage /Water Quality 3761 4540 Storm Drainage Service Fees 756,323 801,233 810,000 833,300 3762 4541 Storm Drainage Penalties 2,097 2,055 2,000 2,000 758,420 803,288 812,000 835,300 NON-DEPARTMENTAL: 3016 4031 Assmt Penalties and Interest 1,629 2,682 1,500 2,000 3353 4160 State PERA Aid 2,927 5,855 2,900 3,000 3426 4226 Developer Escrow Reimbursmt 17,683 9,968 12,000 10,000 3442 4242 Maint Equipment and Personnel 1,874 19,665 1,500 2,500 3810 4610 Interest on Investments 1,479,530 1,841,918 1.563,000 1,398,600 3612 4612 interest on Assessments 75,943 34,288 60,000 52,000 3814 4614 Interest on MCES 7,366 B,569 8,000 5,000 3820 4620 Antenna Site Rent 173,860 256,072 279,700 324,000 3640 4657 Sale of City Property 22,025 2,175 0 0 3858 4672 Water t?uaiity Dediption Fees 104,677 30;569 35,000 35,000 3865 4680 Connection Charge-Water 477,674 449,351 475,000 475,000 3868 4685 Conn Chg-Water Treatmt Plant 469,926 283,974 500,000 300,000 3680 4691 Other Revenue 4,451 508,324 0 0 3920 4822 Other Reimbursements 7,023 4,182 _ 3,000 3,500 3980 4980 Transfers In 0 (42,673) 0 0 2,846,588 3,412,919 2,939,600 2,610,600 GRAND TOTAL 512.171.504 :12.930.029 512.5380 11.982.600 3v 02fd220exp 2002 budget PUBLIC UTILITIES FUND Comparative Summary of Expenses Actual Actual Budget Budget 1998 20Q0 2001 2002 OPERATIONS WATER Personal Services $546,963 ~ $528,649 5625,400 $665,300 Parts & Supplies 176,440 180,864 213,800 207,000 Services & Other Charges 917,097 1,051,841 993,550 1,076,700 SANITARY SEWER Personal Services 290,571 326,253 330,800 359,500 Parts & Supplies 42,043 85,379 62,700 41,400 Services & Other Charges 317,913 273,150 351,400 428,900 MCES Service Charge 3,174,051 3,223,884 3,467,000 3,369,000 STREET LIGHTING Parts & Supplies 0 2,000 2,000 Services & Other Charges 293,840 311,286 329,600 335,000 STORM DRAINAGENVATER QUALITY Personal Services 96,705 144,520 162,600 218,600 Parts & Supplies 51,304 97,629 70,650 88,800 Services & Other Charges 208.510 175.415 22 194.000 TOTAL OPERATING EXPENSES BEFORE DEPRECIATION 6,115,437 6,398,870 6.839,350 6,986,200 DEPRECIATION WATER 1,231,202 1,271,271 1,184,000 1,200,000 SANITARY SEWER 545,780 564,388 525,000 550,000 STREET LIGHTING 12,987 12,987 13,000 13,000 STORM DRAINAGENVATER QUALITY 539 1 372 12.600 X9.400 TOTAL DEPRECIATION 1,819,508 1,880,018 1,734,600 1,802,400 TOTAL OPERATING EXPENSES 7,934,945 8,278,888 8,573,850 8,788,600 AND DEPRECIATION 3~ 2002 Budget CIVIC ARENA ENTERPRISE FUND Revenues Ice Rental (Exempt) tce Rental (Non-Exempt) General Admission Arena Program Revenues Arena Merchandise Sales Men's League Skate Rental Skate Sharpening Arena Advertising Interest Contributions ~ Donations Dry Floor Revenue Spring Home Show Equipment Washing Carpet Revenue Other Marketing Revenue (Coke) State PERA Aid Total Revenues 1999 2000 2001 2002 Actual Actual Buds~et Buds~et Z 259,675 Z 306,269 : 313,000 S 313,000 82,696 83,400 78,000 65,000 29,069 26,809 26,000 30,000 96,133 114,931 103,600 125,500 42,134 43,362 49,500 60,000 5,500 2,087 4,757 4,500 5,200 6,019 6,337 6,700 7,300 15,279 16,276 15,500 14,000 22,105 12,847 0 24,000 1,136 0 5,000 0 0 0 1,000 2,600 0 0 0 18,000 250,402 0 0 10,000 0 0 13,600 17,000 6,650 5,042 0 0 5,417 5,000 402 813,385 625,850 616,400 702,100 Expenses and Other Disbursements Operatin4 Expenses: Personal Services 247,889 278,683 272,600 307,000 Parts & Supplies 29,550 38,816 36,900 38,400 Cost of Merchandise Sales 31,609 36,171 28,000 34,000 Services & Other Charges 134,982 439,418 149,400 180,800 Capital Outlay 11,600 2,500 Subtotal Expenses 444,030 791,088 498,500 562,700 Reserve for Renewal and Replacement 30,000 35,000 50,400 33,100 Total Operating Expenses 474,030 826,088 548,900 595,800 Non-Operating Disbursements: Debt Service Payments 82,358 80,681 128,580 128,300 TOTAL EXPENSES Z 556,388 Z 906,769 = 677,480 i 722,100 • Recorded as fixed asset acquisitions rather than expenses. 38 02 fd222 rev_exp_sum Sheetl 2002 Budget Aquatic Facility Enterprise Fund REVENUES, EXPENSES AND OTHER DISBURSEMENTS !2/14/2001 1999 2000 2001 2002 Revenues dual ual ud et Buds~et Daily Admissions/Season Pass $ 727,103 $ 808,600 $ 763,000 S 830,100 Group Sales 73,837 70,000 110,000 109,400 Concessions 174,400 188,000 221,500 230,000 Classes /Camps 2,159 1,000 0 11,200 Coca-Cola Marketing 5,417 5,000 5,000 5,000 Rental 0 1,000 0 Interest 7,170 Total Revenues $ 990,086 $ 1,073,600 $ 1,099,500 S 1,185,700 Expenses Personal Services $ 515,059 $ 517,473 $ 565,700 $ 579,200 Parts ~ Supplies 81,246 79,273 63,000 70,300 Cost of Concession Sales 109,540 97,772 100,000 120,000 Services & Other Charges 147,719 247,897 162,500 164,000 Capital Outlay 50,000 Sub-total Expenses 853,564 942,415 891,200 983,500 Reserve for RenewaUReplacement 25,139 50,000 81,000 64,000 Total Operating Expenses 878,703 992,415 972,200 1,047,500 Non-Operatins~ Disbursements Debt Service Payments 139,072 161,000 156,300 155,500 Total ExpenseslNon-Operating Disbursements $ 1,017,775 $ 1,153,415 $ 1,130,500 $ 1,203,000 39 Agenda Information Memo December 18, 2001 Eagan City Council Meeting I. APPROVE 2002 SPECIAL REVENUE FUNDS BUDGETS. INCLUDING HOUSING FUND, POLICE FORFEITURE FUND, RECYCLING FUND, ECONOMIC RECOVERY GRANT FUND. CEDARVALE SPECIAL SERVICES DISTRICT FUND, CABLE TV FRANCHISE FEES FUND, AND BURNSVILLE/EAGAN TELECOMMUNICATIONS AND BURNSVILLE/ EAGAN COMMUNITY TELEVISION BUDGET ACTION TO BE CONSIDERED: Approve the 2002 budgets for the following Special Revenue Funds: Housing Fund Police Forfeiture Fund Recycling Fund Economic Recovery Grant Fund Cedarvale Special Services District Fund Cable TV Franchise Fees Fund Approve the 2002 budget for the Burnsville/Eagan Telecommunications Commission (BETC) and Burnsville/Eagan Community Television (BECT) FACTS: • For financial reporting purposes, it is required that the City Council adopt each of these budgets. • The purpose of each fund is noted on the budget page. • The revenue sources and expenditure categories are listed on each budget page. • The Cedarvale Special Services District Fund is supported by a Special Services District tax levy ($3,000 in 2002). There are no tax levies related to any of the other funds. ATTACHMENTS: • Housing Fund budget on page _'~ . • Police Forfeiture Fund budget on page ~ . • Recycling Fund budget on page ~~ . • Economic Recovery Grant Fund budget on page ~ ~~ • Cedarvale Special Services District Fund budget on page C~~. • Cable TV Franchise Fees Fund budget on page ~~ . • BurnsvilleJEagan Telecommunication Commission budget on page ~ . • BurnsvilleBagan Community Television budget on page ~~ . ~o 113 Housin4 Fund The purpose of this fund is to finance future housing-related developments within the City. The fund was established in 1998 as the consolidation of the Housing Revenue Bonds Fund and the Housing and Redevelopment Authority (HRA) Fund. The Housing Revenue Bonds Fund accounted for annual fees collected on the principal balance of revenue bonds issued under the City's name to finance multi-family housing developments. The HRA Fund accounted for the tax increment financing (TIF) proceeds and expenditures of the Cinnamon Ridge Apartments interest rate reduction program. The TIF district expired in 1997. A note issued by Cinnamon Ridge to the City in the amount of the total TIF proceeds, which were to be repaid per the original agreement, was accounted for in this fund. At the end of 1998, the City sold its interest in the note to a third party for $1,200,000. Closing on the transaction was completed in early 1999. As a component of the transaction, the proceeds of the closing were loaned to the Aquatic Facility construction fund and will be repaid over 20 years with the final payment in October of 2018. 1999 Actual Funds Available, Beginning of Year $ 1,064,641 Revenues: Housing Bond Fees Interest on Investments Total Revenues Other Financing Sources: Interest on Loan Principal on loan Total Other Financing Sources Total Revenues and Other Financing Sources Expenditures: Monitoring Fee Financial Charges Legal expense Total Expenditures Funds Available, End of Year 2000 2001 2002 Actual Budget Budget $ 1,192,534 $ 1,355,762 $ 1,529,742 72,856 2,396 75,252 59,085 aa,u~so 124,522 4,774 84,000 83,000 0 0 iS4,000 83,000 129,296 57,240 57,240 134,.53 / ~ i5b,~3d 55,980 40,000 95,980 54,260 40,000 94,260 179,980 177,260 6,075 6,075 6,000 6,000 369 17,233 6,444 23,308 6,000 6,000 $ 1,192,534 $ 1,355,762 $ 1,529,742 $ 1,701,002 109 T~ 114 Police Forteiture Fund This fund was created to account for money received from the court system and restricted to police operations. It is expected that transfers will be made from this fund to the General Fund where eligible expenditures are made. Fund Balance, Beginning of Year Revenues: Fines & Forfeits Interest on Investments Other-vehicle sales Total Revenues Expenditures: Clothing-badges Total Financing Uses Fund Balance, End of Year 1999 Actual $27, 077 331 1,156 0 1, 487 0 0 $28, 564 2000 Actual $28, 564 0 2,146 1, 080 11,145 $20,645 2001 Budget $20,645 0 1,500 0 0 2002 Budget $22,145 0 890 0 0 /l 111 T 117 Recycling The Recycling Fund was created to account for the implementation and ongoing operation of the City's recycling program. All grant funds and related revenue and expenditures are consolidated into this fund to allow proper accounting and reporting for the program. Beginning in 2001, all revenues and expenditures will be handled by the City of Bumsville. The new recycling coordinator housed in Bumsville will service both Eagan and Bumsville but all accounting and reporting will now be coordinated by Burnsville. Any personal services expenditures still relating to recycling and solid waste abatement activities are recorded in the Administration Department in the General Fund. Fund Balance, Beginning of Year Revenues: 3358 Solid Waste Abatement Grant 3810 Interest on Investments Total Revenues Expenditures: 6210 Office Supplies 6220 Operating Supplies -General 6270 Computer Software 6346 Postage 6347 Telephone ~ Line Charges 6353 Personal Auto/Parking 6357 Advertising /Publication 6370 General Printing and Binding 6475 Miscellaneous 6476 Conference and Schools 6477 Local Meeting Expense 6479 Dues and Subscriptions 6535 Other Contractual Services 6855 Merchandise for Sale Other Financing Uses: Transfer Out Payment to Burnsville Total Expenditures 8~ Other Financing Uses Fund Balance, End of Year 1999 2000 2001 2002 Actual Actual Budget Budget $27,656 $32,496 $25,097 $14,297 40,206 40,970 1,819 3,327 42,025 44,297 0 0 46 0 5,191 24 0 6 4,060 41 28 0 483 52 1,377 1,190 3,657 1,537 91 39,343 160 0 152 689 145 130 209 0 (75) 0 21,661 8,684 10,800 37,185 51,696 10,800 0 $32,496 $25,097 $14,297 $14,297 104 ~3 118 Economic Recovery Grant Fund This fund opened in 1995 with a grant from the State to establish a revolving loan fund for local businesses for the purpose of economic development. Loan recipients must meet certain requirements as set forth by the State for this program. A ten-year $250,000 loan was made with State funds to an Eagan business in 1995 to inflate the program. The loan was paid in full in 1996. Under the terms of the agreement with the State, $100,000 in principal plus interest collected to the point of payoff, will remain in the fund for loans to other qualifying businesses. The balance of the principal was returned to the State. Available to loan out, Beginning of year Cash Inflows: Loan repayment-principal Loan repayment-interest Interest on Investments Cash Outflows: Return of loan funds to State Net Cash Inflow (Outflow) Available to loan out, End of year 1999 2000 2001 2002 Actual Actual Budget Budget $125,131 $153,710 $154,666 $169,123 15,919 83,443 5,171 5,355 4,890 852 286 102 7,770 9,037 9,000 6,000 28,579 93,332 14,457 11,457 0 92,376 0 0 28,579 956 14,457 11,457 $153,710 $154,666 $169,123 $180,580 105 ~~ 119 Cedarvale Speciat Services Fund This fund was established in 1996 for the purpose of accounting for taxes collected and expenditures made pertaining to the Cedarvale area special services tax district established in 1995. The primary purpose of the tax district is to provide signage, sign maintenance and turf maintenance for the Cedarvale shopping center. 1999 2000 2001 2002 Actual Actual Budget Budget Fund Balance, Beginning of Year 8,000 10,050 11,698 10,148 Revenues: Special Services District Taxes 5,478 4,965 3,000 3,000 Interest on Investments 362 674 450 400 Total Revenues 5,840 5,639 3,450 3,400 Expenditures: Mowing 3,010 3,578 3,000 3,000 Sign Maintenance 576 413 2,000 2,000 Insurance 204 0 0 0 Total Expenditures 3,790 3,991 5,000 5,000 Excess of Revenue over Expenditures 2,050 1,648 (1,550) (1,600) Fund Balance, End of Year 10,050 11,698 10,148 8,548 106 T 196 Cable TV Franchise Fee Fund This fund was established to account for franchise fees paid to the City from Meredith Cable, Inc. The money is restricted for communications and cable television related activities, primarily the City's share of the funding of the Burnsville/Eagan Telecommunications Commission (BETC). Fund Balance, Beginning of Year Revenues: Cable TV Franchise Fees Interest on Investments Total Revenues Expenditures: BETC Payment Equipment purchased Other 1999 2000 2001 Actual Actual Budget $688,158 $894,286 $1,446,153 351,670 707,113 400,000 39,080 96,626 50,000 390,750 803,739 450,000 68,418 0 170 99,313 100,421 3,495 96,020 0 0 Other Financing Uses: Transfer to General Fund 116,034 Total Expenditures and Other Financing Uses 184,622 Fund Balance, End of Year 48,643 251,872 $1,446,153 40,700 136,720 $1, 759,433 2002 Budget $1,759,433 450,000 55,000 505,000 96,157 0 0 365,900 462,057 $1,802,376 107 ~6 BURNSVILLEIEAGAN TELECOMMUNICATIONS 2002 PROPOSED BUDGET REVENUES: Member Contributions: City of Burnsville City of Eagan Total PEG Access Fees Other Revenues: Total Revenues EXPENDITURES Personnel Services Current Expenditures Office Supplies Professional Services Other Services and Charges Communications Advertising Insurance Utilities Training & Travel Building Rent Maintenance & Repairs Other Miscellaneous Local Programming Assistance Total Current Expenses Capital Outlay Total Expenditures 12/13/01 CABLE COMMUNITY FRANCHISE TELEVISION TOTAL BUDGET BUDGET BUDGET $ 31,865 $ 31,865 Q a~ ~~n $ - $ - $ 64,293 $ 64,292 $ 128,585 $ 622,008 $ 63,915 $ 96,158 $ 96,157 $ 192,315 $ 622,008 $ 63,915 $ 63,730 $ 814,508 $ 878,238 $ 40,830 $ 200 $ 12,000 $ 400 $ 400 $ - $ 4,500 $ - $ 3,100 $ - $ 1,300 $ 21,900 $ 1,000 $ 511,183 $ 4,300 $ 2,000 $ 10,650 $ 8,400 $ 12,800 $ 14,000 $ 8,500 $ 6,750 $ 108,500 $ 38,900 $ 7,525 $ 2,000 $ 224,325 $ 79,000 $ 63,730 $ 0 $ 552,013 $ 4,500 $ 14,000 $ 11,050 $ 8,800 $ 12,800 $ 18,500 $ 8,500 $ 9,850 $ 108,500 $ 38,900 $ 8,825 $ 2,000 $ 246,225 $ 80,000 814,508 $ 878,238 City of Burnsville ~~ Proposed 2002 Budget Burnsville/Eagan Community Television 2001 Budget t' 2002 Budget Cable Community Cable Community Franchise Television Total g' Rranchise Television Total Expenditures Employee Services 46,850 358,309 405,159 40,830 511,183 552,013 Current Expenses 58,700 227,978 286,678 21,900 224,325 246,225 Capital Outlay 600 109,000 109,600 1,000 79,000 80,000 Total Uses 106,150 695,287 801,437 63,730 814,508 878,238 Proposed~,B[udget 2002 Agenda Information Memo December 18, 2001 Eagan City Council Meeting J. LONE OAK RD. CIP IMPROVEMENT. COUNCIL LIAISON ACTION TO BE CONSIDERED: Designate Council Member Carlson to be the Council's Liaison to Dakota County and the resident neighborhood for the programmed improvement of Lone Oak rd. from Hwy 13 to Pilot Knob Rd. FACTS: Both Dakota County and the City of Eagan have programmed the proposed upgrade of Lone Oak Rd. (Hwy 13 to Pilot Knob Rd.) for 2003 in their respective 2002-2006 CIP's. Since Lone Oak Rd. is County Rd. 26, Dakota County will be the lead agency for this roadway improvement. During the Visitor's to be Heard portion of the December 11 Council meeting, a resident property owner along this segment requested that the City begin early discussions with the neighborhood and Dakota County regarding the design for this improvement. The Council directed that Council Member Carlson's offer to be the Council's liaison with the neighborhood and Dakota County be placed on the December 18 Consent Agenda for formal ratification. ~f 9 Agenda Information Memo December 18, 2001 K. PROJECT 862, DODD ROAD STREET UPGRADE ACTION TO BE CONSIDERED: Receive the draft feasibility report for Project 862 (Dodd Road, Camberwell Drive to Wescott Road -Street, Utility and Trail Improvements) and schedule a public hearing to be held on January 22, 2002. FACTS: • During 2000, the City Council held several public hearings to consider a proposed street upgrade with trails for the section of Dodd Road from Diffley Road to Wescott Road. At a November 21, 2000, public hearing, the proposed improvement was not approved. • On October 16, 2001, at the close of a public hearing, the City Council approved Project 850, Dodd Road, Diffley Road to Camberwell Drive, for street, utility and trail improvements. Upon approving Project 850, the City Council directed staff to prepare a feasibility report considering similar street, utility and trail improvements on Dodd Road, between Camberwell Drive and Wescott Road. • The proposed improvements consist of the upgrade of this portion of Dodd Road to City standards, including a 36' wide road (8' safety lane on west side) with concrete curb/gutters, 4' wide boulevard and 8' wide trail on east side and associated utility improvements similar to Proj 850. • This draft feasibility report has been completed and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. • An informational neighborhood meeting will be held with the adjacent property owners prior to the Public Hearing to review and discuss the proposed improvements. ATTACHMENTS: • Draft Feasibility Report, (to be distributed with Additional Information Packet). SD Agenda Information Memo December 18, 2001 Eagan City Council Meeting L. CONTRACT 01-06, BLUE GENTIAN ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 01-06 (Blue Gentian Road- Street & Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 01-06 provides for the street and utility improvements for Blue Gentian Road from Blue Water Road to Highway 55, as outlined and discussed in the feasibility report for Project 809. • The change order provides for the construction of a temporary bituminous traffic control island on westbound Blue Gentian Road at Highway 55, as required by the Minnesota Department of Transportation, to ensure proper visibility to the traffic signal. This island will be removed under a future contract for signal revisions at this intersection. • The change order provides for the construction of a drainage Swale to convey storm water runoff from the west side of Blue Gentian Circle (old Blue Gentian Road) to the new storm sewer inlet pipe constructed with the Blue Gentian Road improvements • The change order also provides for additional contractor equipment and labor for boulevard grading along the south side of Blue Gentian Road, due the swapping of excavation material with the adjacent Spectrum development. The Spectrum development utilized material previously placed along Blue Gentian Road under City Contract 01-06A. The grading material used under this change order was then provided by the Spectrum development to bring the street boulevards to their specified grades. • The additional work under this change order is to be completed under original bid unit prices and negotiated unit prices, comparable to other bid unit prices on City projects for similar work. • 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 $4,529.50 (1.56% of original contract). The cost of the additional work will be the responsibility of the Special Assessments for Project 809. ATTACHMENTS: rr ~. • Change Order No. 1, pages7~througt~ S/ :r }i~.~ ~J' city of eagan CONTRACT t: Ol-o6 PRO,~ECr r. so9 CHANGE ORDER /: 1 DATE: ecember 5.2001 PROJECT NAME: Blue Gentian Road PROJECT DESCRIPTION: The construction of sanitary sewer, water main, storm sewer and a bidrmiaow street with curb and gutter along with the realignment of Bhre Gentian Circle and temporary intersection work at Truck Highway SS. CONTRACTOR: Danner Inc. ENGINEER: City of Ea,gtln 843 Hardman Avenue South 3830 Pilot Knob Rd. South St. Paul. MN. 55075 Eagan MN SS 122 DESCRIPTION OF CHANGE ORDER WORK: Construction of a temporary bituminous island at the intersection of Truck Highway 55. Grgding of a temporary drainage swale for existing runoff from Trunk Highway 5S and additional grading work needed for boulevard areas. TEMPORARY BITUMINOUS ISLAND- Thin island was required by MN/DOT because the eagle of the new alignment of Blue Gentian Road with Trunk Highway SS created poor existing traffic signal visibility. The island channels the traffic from w~stb~ouod Bhre Gentian Rod to westbound Trunk Highway SS. DRAINAGE SWALE- The temporary drainage awale was needed to convey storm water runoff from the west aide of existing Blue Gentian Circle to the mw storm newer inlet consd~ucted under thin contract. BOULEVARD GRADING- Fill material was added is certain boulevard areas to construct them as per typical section. This material inchrding topsoil was hauled in from the adjoining Spectrum property ITEM ( UNIT I QT'Y I UNIT I DOLLAR PRICE AMOUNT $Ih~minni~ Ctrtb _ Bituminous Inland L.F. 134 56.50 6871.00 Class 5 - R clod concrete - Bituminow Island TON 18.2 520.00 5364.00 T 31 bih~**+i*K+us base course -Bituminous Island TON 15.07 6100.00 51 07.00 Swale sad boulevard is - i nt time 8t labor HR. 6.5 6275.00 51,787.50 TOTAL CHANGE ORDER AMOUNT 54,S29.S0 Original Contract: Change Order Subtotal of Proviou: Change Orders: This Change Order: New Subtotal of All Change Orders: Revise Contract: Percent Increase or Decreaso for thin Change Order to Original Contract Amw~at: Percent Increase or Decrease for Total of All Change Orders to Original Contract Amount: B~ sy: ~.Q~~ S 290.325.00 S 4.529.50 s o.oa S 4.529.50 ~ 4.529.50 S 294.854.50 1.56% Pmjoct Manage{ City Department Manager City of Eagan Couan'1 Action: Mayor. Clerk: Date: 1 -City 2 -Contractor 1-Engineer G:/ENGII~IEER/CHANGE ORDERS/Ot-06 ~3 ~.:~ _ . . I By. ontractor Date: ! ""(D `- 0 f Agenda Information Memo December 18, 2001 M. 2002 CONSULTING ENGINEERING RATES ACTION TO BE CONSIDERED: To approve an amendment to the Fee Schedule for the General Consulting Engineering Services Contracts for submitted by the designated consu]ting engineering companies for services to be provided in 2002. FACTS: • Each year the consulting engineering companies selected to provide services for the City of Eagan provide their fee schedules for the upcoming year. The attached spreadsheets indicate the fees the consultants have requested for the council's approval. ATTACHMENTS: • Consulting Engineering Fees and Fee Increase Comparison will be included with Additional Information packet. S~ Agenda Information Memo December 18, 2001 Eagan City Council Meeting N. CONTRACT 02-06, WELL HOUSE #20 BUILDING CONSTRUCTION & WATER MAIN IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 02-06 (Well House #20 -Building Construction & Water Main Improvements) and authorize the advertisement for a bid opening to be held at 2:00 p.m. on Thursday, January 31, 2002. FACTS: • On April 2, 2001, the City Council approved Project 811 providing for the drilling and development of Well #20 to be located just west of Pilot Knob Road and north of Central Parkway. The City Council also approved the well house structure for Well #20 with the pavilion structure planned in the area for Central Park. • Contract 02-06 provides for the construction of Well House #20 building and the combined park pavilion structure, along with associated water main improvements within Central Park, as authorized by the City Council with approval of the Central Park Master Plan and Project 811. • On July 5, 2001, the City Council approved the firm of SEH, Inc. to perform engineering services for Project 811 (Contract 02-06) and authorized preparation of detailed plans and specifications. • The plans and specifications have been completed, reviewed by both the Public Works and Parks Departments and are now being presented to the City Council for their approval and authorization of the advertisement of bids. ss Agenda Information Memo December 18, 2001 O. CONTRACT 01-15, JULY 2000 STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Amendment No. 2 to Award of Contract 01-15 (July 2000 Storm Mitigation Improvements -Misc. Areas # 6,7, & 8) and Change Order No. 1 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 Super Storm, including Savannah Road (Area #7- Project No. 822), Beacon Hill Road North (Area #6-Project 823), Beacon Hill -Pond BLP-57/Covington Court & Ridge Cliff Drive/Penkwe Way (Area #6-Project 824), Sherwood Court (Area #6-Project 825), Camelback Drive (Area #8-Project 837), and Gibraltar Trail (Area #7-Project 841), as outlined and discussed in the Preliminary Design Report (April 2001). • The proposal and specifications for the contract were prepared to allow the Council flexibility in the award of the improvements based upon uncertainties of the improvement costs, funding of the improvements and acquisition of easements. • On September 4, 2001, the City Council awarded Contract 01-15 to Barbarossa & Sons, Inc. in the amount of $238,643.00. Projects 822, 824, 825, and 841 were not included in the award due to the lack of all necessary easements. • On September 17, the City Council approved an amendment to Contract 01-15 for an additional cost of $526,937.00 for the addition of Project 822 and a portion of Project 824 to Contract 01-15, bringing the total contract amount to $765,580.00. • All of the necessary easements for Project 824, Beacon Hill (Ridge Cliff Drive/Penkwe Way), and Project 825, Sherwood Court, have now been secured. • The revision detailed in Amendment No. 2 addresses grading and restoration improvements for a sedimentation basin for Beacon Hill (Ridge Cliff Drive/Penkwe Way) (Project No. 824), and grading within Lebanon Hills Regional Park and the installation of a storm sewer for Sherwood Court (Project No. 825). • Change Order No. 1 addresses the deletion of a larger additional storm sewer pipe south of Beacon Hill Road, replacing the proposed pipe improvement with an orifice within the existing pipe and the grading of an EOF, as well as the installation of a 48" storm sewer along Johnny Cake Ridge Road in lieu of the proposed 36"pipe, both for Project No. 824. • The deletion of the proposed larger pipe south of Beacon Hill Road is at the request of the two adjacent property owners who own the lowest homes at this location. City standards for freeboard above the 1 % high water level will still be met with the installation of the orifice. The installation of the 48" pipe along 3ohnny Cake Ridge will prevent the complete flooding of this B Minor Arterial in a 1 % storm event. • The additional work under this amendment to the contract award is to be completed under the original bid unit prices. The cost of the change order work is consistent with bid prices for relevant bid items on some of the other storm mitigation projects within the city. • The amendment to the contract award and change order have been reviewed by the Engineering Division and found to be in order for favorable Council action. • The amendment provides for an additional cost of $155,565.00 for Projects 824 and 825, increasing the contract amount to $921,145.00. The change order for Project 824 provides for an additional cost of $127,611.00 (0.14% of the amended contract). The cost of the additional work will be the responsibility of the City Storm Sewer Fund. ATTACHMENTS: • Amendment No. 2, page, . • Change Order No. 1, pages through ~. ~O AGREEMENT AMENDMENT N0.2 This Agreement Amendment No. 2, effective on October 2001 modifies an Agreement effective on 2001 ("Prime Agreement") between the City of Eagan ("Owner") and Barbarossa & Sons, Inc. ("Contractor") in connection with the July 2000 Storm Mitigation Improvements, City Contract No. 01-15, City Project No.'s 822-825, 837 & 846, Bonestroo File No. 49-01-114. Owner and Contractor agree as follows. Delete ARTICLE III of the Prime Agreement and substitute the following in lieu thereof: ARTICLE III. The Owner agrees to pay and the Contractor agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the conformed copy of Proposal Form hereto attached, which prices shall conform to those in the accepted Contractor's Proposal on file, the aggregate of which prices, based on the approximate schedule of quantities, is estimated to be 5921,145.00 or Nine Hundred Twenty-One Thousand One Hundred Forty-Five and 00/100 Dollars. The Contract is awarded on: Part 1-Savannah Road (City Project No. 822) _ $134,295.00 Part 2 -Beacon Hill Road North (City Project No. 823) _ $42,228.00 Part 3A -Beacon Hill -Pond BLP-57/Covington Court (City Project No. 824) = $162,740.00 Part 3B.1 -Beacon Hill -Ridge Cliffe Drive/Penkwe Way -Johnny Cake Ridge = $252,032.00 Part 3B.2 -Beacon Hill -Ridge Cliffe Drive/Penkwe Way -Almquist Lake Storm Alternate No. 1-Almquist Lake Sedimentation Basin = $69,480.00 Part 4 -Sherwood Court (Project No. 825) _ $63,955.00 Part 5 - Camelback Drive (City Project No. 837) _ $58,735.00 Part 7 -Nestling Circle = $11,450.40 Part 8 - Oakbrooke -Pond BP-35 (City Project No. 846) _ $126,230.00 Total Contract Amount = $921,145.00 Except as modified herein, all terms of the Prime Agreement remain unchanged. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the day and year first above written. Attest: In the presence of: .I.he City of Eagan (Seal) By OWNER By By Barbarossa & Sons, Inc. CONTRACTOR TITLE ® 2001 Bonestroo, Rosene, General Construction Contract Anderlik & Associates, Tnc. S 1 Between Owner & Contractor C:\WINDOWSITEMP\4901114•Agreement Amendment 2.doc { ~~~ IJ ~~~8~`~Otll~ ~~~~ '' F® Y~~R FILE ~~~, CHANGE ORDER NO. I CLIENT PROJECT N0.822 - 825 and 837, 844 Date: December { 2, 2001 CLIENT CONTRACT NO. BRA FILE N0.49-01-114 PROJECT DESCRIPTION JULY 2000 STORM MITIGATION IMPROVEMENTS Barbarossa & Sons Inc. 1 ! 000 93rd Ave. N. P. O• Box 367 Osseo. MN. 55369 Engineer: Bonestroo, Roscnc, Anderlik & Associates, Inc. 2336 West Highway 36 St Paul, MN 55113 DESCRIPTION OF CHANGE ORDER WORK: Part A Beacon Hill -Pond 6LP-57iCovington Court (Project No. 824): Remove stone sewer pipe from Beacon Hill Road. Add in the orifice and swale grading between north of Beacon Hill Road in lieu of pipe. Part B Ridge Cliff Drive(Johnny Cake Ridge Road) / Penkwe Way Prof p 824- This portion Is for the Increase In cost to corrswct a 46" storm sewer versus the proposed 36" storm sewer as bid. The increase in pipe size will eliminate flooding in Johnny Cake Ridge Road fora 1°h storm event. The unit prices are the increase/decrease in cost to accomadate this design change. JUSTIFICATION FOR /PURPOSE OF CHANCE ORDER Contract Uait Total No. Item Unit Quantity Prtce Amount Part A - peduct (Beacon Hill Road - Pood BLP-57) Proj 824 1 Remove ex. top slab and replace with new top slab w/27" openin¢ EA 2 -5620.00 (S 1,240.00) 2 Remove ex. casting and replace with new R1642B casting EA 2 -5350.00 (5700.00) 3 21"storm sewer, 0'-8'deep LF 55 -556.00 (53,080.00) 4 21"storm sewer, 8'-10'deep LF 40 -;57.00 (52,280.00) 5 21"storm sewer, l0'-12'deep LF 30 -558.00 (f 1,740.00) 6 ! 5" storm sewer, 0'-8' deep LF 50 -542.00 (52,100.00) 7 4'diameterstonnCBMH EA 1 -51,700.00 (51,700.00) 8 Construct 4' din. MH over ex. pipe EA 1 -52,400.00 (52,400.00) 9 2' x 3' catch basin EA 2 -5950.00 (51,900.00) 10 4' diameter structure overdepth LF l -S 100.00 (S 100.00) 11 21" LR bend EA 3' -5550.00 (51,650.00) l2 2l -pared end section EA I -5720.00 (5720-00) I3 Class UI random riprap CY 15 -580.00 (51,200.00) t4 D412 surmountable concrete curb and gutter LF 100 -518.00 (51,800.00) I S Sewing bituminous pavement LF 60 -53.00 (S 180.00) 16 Improved pipe foundation LF 100 -S 1.00 (S 100.00) 6901 t tsCN01 xb ,," . Contract L'nit Total No. Item Unit Quantity Price Amount 17 Protection of catch basin in street EA 2 -SI~0.00 (5300.00) 18 Structure marker sign EA 2 -545.00 (590.00) Total Part A -Deduct {Beacon Hill Road -Pond BLP-57) Prof 824 (523,280.00) Part A -Add (Beacoa Hitl Road -Pond BLP-S7) ProJ 824 l9 Construct 9" dia. orifice in ex. 21"RCP LS 1 5350.00 5350.00 20 Swale excavation (Beacon Hi11 Road to Pond BLP-S) CY 100 58.00 5800.00 Total Part A -Add (Beacon HIII Road -Pond BLP-57) Prof 824 51,150.00 Part B Ridgc Cliff Drive(Johnny Cakc RldBe Road) / Pcnkwe Way Prof # 824 21 48' Class 3 RCP vs 36" RCP LF 1770 546.00 581,420.00 22 48"Class 3 RCP vs 3b" RCP (MH-109 to MH-110) LF 350 Sb6.00 523,100.00 23 7' ;vIH vs 5' MH EA 4 S 1,900.00 57,600.00 2S 7' ~IH vs 6 LR Bends (4200 - 4800) LS 1 5600.00 5600.00 25 Excavatingaround private utilities LF 1300 5(0.00 513,000.00 26 7' ~1H overdepth vs 5' MH overdepth LF 17 5190.00 53,230.00 27 Z7" vs 2-t" LF 203 52.00 5406.00 28 4' )`lanhole EA 1 51,600.00 51,600.00 29 4' Manhole, overdepth LF 7 5100.00 5700.00 30 27"lands EA 6 5690.00 54,140.00 3! ti' Dia. outlet structure vs 4' Dia. EA I I4,ODO.DO 54.000.00 32 Pond Excavation CY 1130 56.50 57,345.00 33 Common Borrow Adj. CY 600 -54.00 (52,400.00) l4 48" FES vs 36" FES EA I 51,400.00 51,400.00 35 27" FES vs 24" FES EA 1 S80D.00 5800.00 36 b' hlanhole EA 1 52,800.00 52,800.00 Total Part B RldPe Cliff Drive(Johnny Cake Ridge Road)! Penkwe Way ProJ # 824 5149,741.00 i Total Part A -Deduct (Beacon Hill Road -Pond BLP-57) Praj 824 (523,280.00) Tout Put A -Add (Beacon Hill Road -Pond BLP-57) Praj 824 S 1,150.00 Total Put B Ridge Cliff Drive(Johnny Cake Ridge Road) / Penkwe Way Proj # 824 S 149,741.00 TOTAL. CHANGE ORDER NO. 1 5127,611.00 4901113CH01 xb /~ .~ COrTRACT STATUS Oringal Cantract: Change Order: Subtotal of Previous Change Orders: This Change Order: New Subtotal of all Change Orders: Revise Contract: TIME/COMPLETION DATE A?IOL'rT $787,710.00 $ 127,61 I.00 50.00 $127,611.00 $127.611.00 $915,321.00 Percent Increase or Decrease for this Change Order to Original Contract Amount: 0.16 Percent Increase or Decrease for total of all Change Orders to Original Contract Amount: 0.16 RECO1VIt~tENDED FOR APPROVAL By: Datc: By: Date Projrrr .ttanayer Contractor ~: Date: Ciry DeDarrmenr Munnga City ojEagan Cowncil.lction: Mayor: Clerk: Approvttl Date: Distribution cc: 1 -Ciry 2 -Contractor 1 -Engineer 1 -Bonding Company nso,,,acHa,.x~a 6 a Agenda Information Memo December 18, 2001 Eagan City Council Meeting P. APPROVE CONTRACT AWARDS- COMMUNITY CENTER ACTION TO BE CONSIDERED: Approve the proposed contract awards for the Community Center, 1501 Central Parkway. FACTS: • Bids have been under review since the bid opening in early December. • As of 12-13-01, bids were still under review by Stahl Construction. • Bid figures will be presented to Council prior to the 12-18-01 City Council meeting. • Stahl Construction and TKDA are still reviewing figures for stone facing vs. brick, and will also present these figures to City Council prior to the meeting on 12-18-O1. ATTACHMENTS: • None 6/ Agenda Information Memo December 18, 2001 Eagan City Council Meeting Q. APPROVE SUBORDINATION AGREEMENT FOR EAGAN BUSINESS COMMONS II, LLC ACTION TO BE CONSIDERED: To approve the subordination agreement for Eagan Business Commons II, LLC. FACTS: • The Eagan Business Commons II was developed by Roseville Properties in the NE Eagan TIF Redevelopment District No. 2-3. • The property owner has asked the City to provide its lender a subordination agreement as stipulated in the development agreements. • The City Attorney has reviewed the proposed subordination agreement and finds it acceptable. • Any additional discussion of the acquisition should be conducted in Executive Session because there is potential for litigation as part of the condemnation proceedings. ATTACHMENT: • Subordination agreement is attached on pages through. ~~ This Document was Prepared By, Recording is Requested By and When Recorded Mail To: Oppenheimer Wolff & Donnelly LLP 45 South Seventh Street Plaza VII, Suite 3300 Minneapolis, Minnesota 55402 Attn: Duane L. Paulson GEC Loan No. 4273 SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT made and entered into as of this day of b`~~ 2001, by and between the CITY OF EAGAN ("City"), whose address is c/o City Administrator, City of Eagan, 3830 Pilot Knob Road, Eagan, Minnesota 55122, and GENERAL ELECTRIC CAPITAL ASSURANCE COMPANY, a Delaware corporation ("Lender"), whose address is P.O. Box 490, Seattle, Washington, 98111-0490, ATTN: Real Estate Department. PRELIMINARY RECITALS: A. EAGAN BUSINESS COMMONS II, LLC, a Minnesota limited liability company ("Borrower") is receiving a loan from the Lender evidenced by Borrower's Promissory Note in the amount of Three Million One Hundred Thousand and No/100 Dollars ($3,100,000.00) dated ("Note"), which Note is, among other things, secured by the following instruments executed and delivered by Borrower to Lender dated of even date therewith (together with the Note, referred to as the "Loan Documents"), to wit: a. Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Financing Statement being filed in the office of the Registrar of Titles and in the County Recorder's office of Dakota County, Minnesota ("Mortgage"); and b. Assignment of Rents and Leases being recorded in the office of the Registrar of Titles and County Recorder of Dakota County, Minnesota ("Assignment of Rents); and c. Uniform Commercial Code Financing Statement filed in the office of the Minnesota Secretary of State ("Financing Statement'. B. Borrower is the successor to the Developer, as to the Property described below, under a Development Agreement composed of the following and an Assessment Agreement as referred to in the Development Agreement (collectively, the "Agreement"): a. Development Agreement dated April 1997 Relating to Tax Increment Financing District No. 3 filed July 18, 1997, as Document Nos. 1433906 with the Dakota County Recorder and as Document No. 357251 with the Dakota County Registrar of Titles; and 11269/1427 (,3 b. Supplemental Development Agreement dated December 3, 1997, filed February Z5, 1998, as Document No. 368578 with the Dakota County Registraz of Titles and as Document No. 1479298 with the Dakota County Recorder. c. Uniform Commercial Code Financing Statement filed in the office of the Secretary of State of Minnesota ("Financing Statement"). C. Both the Agreement and the Loan Documents encumber that certain real property situate in the County of Dakota, State of Minnesota, more fully described in Exhibit A attached hereto and made a part hereof ("Property"). D. As a condition to the disbursement of the sums evidenced by the Note, the Lender has required that the City subordinate the Agreement to the Loan Documents and the rights of the Lender under the Loan Documents. E. The City is agreeable to so subordinating the Agreement to the Loan Documents and their terms and to acknowledge the other matters referred to herein. NOW, THEREFORE, in consideration of the sum of One and No/100 Dollars ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, it is agreed as follows: Subordination. The Agreement are hereby subjected and made subordinate to the Loan Documents, including the same as to any and all advances made under the Note or the other Loan Documents. The rights afforded in the Agreement shall, at all times and in all respects, be wholly subordinate and inferior in claim and right to the Loan Documents and all claims, rights and remedies contained in the Agreement are hereby subordinated and made subsequent and inferior to the Loan Documents and all claims, rights and remedies arising out of or in connection therewith. From and after the Lender's acquisition of the Property by foreclosure, as a result of other enforcement of its rights under the Loan Documents or deed in lieu of foreclosure, the Agreement shall no longer affect the Property. 2. Modifications and Waivers. No renewal, modification or extension. of the terms of the Loan Documents shall in any event impair or affect the subordination of the Agreement and/or the rights and obligations of the parties hereunder. The holder of the Loan Documents, in its uncontrolled discretion, may waive or release any right or option under the Loan Documents and the Note secured thereby and any exercise regarding refraining from exercising any right thereunder without the consent of City. The City waives notice of the creation, existence, renewal, modification or extension of time and payment of the Lender Note and the indebtedness evidenced therein, the disbursement of any sums thereunder and any modifications or amendments of the Loan Documents. 3. Subsequent Agreements. The parties agree that Lender, at any time or from time to time, may enter such agreement or agreements with Borrower, as Lender may deem appropriate, extending the time of payment of renewing or otherwise altering the terms of any or all of the obligations of Borrower to Lender or affecting any security underlying any or all of such obligations, or may exchange, sell or surrender or otherwise deal with -Z- 6 5~ any such security, without notice, to the parties and without in any way impairing or affecting this Subordination Agreement. 4. Certificate of Completion. The City acknowledges that it has issued its Certificate of Completion pursuant to the Agreement, a copy of which is attached hereto as Exhibit B. 5. Notices. Any notice to which any party hereto may desire or may be required to give to any of the parties shall be in writing and the mailing thereof by certified mail to the respective addresses set forth herein, or to such other place as any party hereto may hereafter by notice in writing designate, shall constitute notice hereunder. 6. Successors and Assigns. This Subordination Agreement and each and every covenant, agreement and other provisions hereof shall be binding upon each of the parties hereto and their successors and assigns and shall inure to the benefit of each of the parties hereto and their successors and assigns and in particular to any subsequent holder of the Note including in particular, any person or entity advancing any funds under the Note. Notice of acceptance of this Subordination Agreement is hereby waived on behalf of all parties and their successors and assigns. 7. Governing Law. This Subordination Agreement is made in and shall be construed in accordance with the laws of the State of Minnesota. 8. Construction and Amendment. This Subordination Agreement may be changed only by an instrument in writing executed by the parties hereto. No waiver, amendment or modification by custom, usage or by implication shall be effective unless in writing signed by the parties. This Subordination Agreement shall not be construed as altering, amending or modifying any of the terms and conditions of either the Loan Documents or the Agreement unless in writing signed by the parties other than for the subordination of priorities expressed herein. IN WITNESS WHEREOF, the parties hereto have cause this Subordination Agreement to be executed as of the date first above written. GENERAL ELECTRIC CAPITAL ASSURANCE COMPANY, a Delaware corporation By: Its: J'! STATE OF WASHINGTON ) ss. 6S COUNTY OF KING The foregoing instrument was acknowledged before me this ~`7~''~ day of , 2001, by c~ ~-.~, 7=~~ , the ~ ~ _ C \ .. ~,~ of General Electri apital Assurance Company, a Delaware corporation, on behalf of the corporation. ~~~ OT/a~.`_' ~, Notary Public •••N,,,,,~~ t,~I f ~ s . v i :V \ i ~., ~ 1~. '''~~.....~•`'` ~ ,, ~~~11,~ ~ w ' ` -a- 66 Agenda Information Memo December 18, 2001, Eagan City Council R. DIRECT CITY ATTORNEY TO PREPARE ORDINANCE REGARDING DEVELOPMENT FEES ACTION TO BE CONSIDERED: To direct the City Attorney to prepare an ordinance amendment regarding development fees. FACTS: • Chapter 207 of Minnesota Session Laws 2001 made changes to Chapter 462 (Housing, Redevelopment, Planning, Zoning), Section 462.353 (Authority to Plan), Subdivision 4 (Fees) requiring among other things that the fees collected under this subdivision be prescribed by ordinance. • The City has historically incorporated all of these fees into the comprehensive fee schedule and adopted it by resolution. • Staff will work with the City Attorney's Office to ensure incorporation of the required fee elements into the new ordinance and to ensure proper implementation of the requirements into daily City operations. ~~ Agenda Memo December 18, 2001 CONSENT AGENDA S. APPROVE NEW APPLICATIONS FOR MASSAGE THERPY ESTABLISHMENT BUSINESS LICENSES ACTION TO BE CONSIDERED: Approve a new Massage Therapy Establishment Business License for Midwest Facial Plastic Surgery & Aesthetic Skincare, 3440 O'Leary Lane; and Cole's Salon, 3450 Pilot Knob Road. FACTS: • Staff has reviewed the applications and deem them in order. ATTACHMENTS: • Copies of the applications are attached without page number. 6~ Agenda Information Memo December 14, 2001 Eagan City Council Meeting T. APPROVE CABLE ACCESS FACILITY LEASE ACTION TO BE CONSIDERED: To approve the Burnsville/Eagan Community Television facility lease and AT&T Broadband sublease. ATTACHMENTS: • Enclosed on page ~ is background information regarding this item. E9 BURNSVILLE/EAGAN COMMUNITY TELEVISION FACILITY LEASE/A T & T BROADBAND SUBLEASE BACKGROUND Staff has been in the process of renegotiating the lease for the building space Burnsville/Eagan Community Television occupies at 4155, Old Sibley Memorial Hwy., Eagan, MN. Under previous agreements, A T & T Broadband has been the principal tenant, and Burnsville/Eagan Community Television has sublet their space from them. Due to the rebuild of the cable system, A T & T Broadband has constructed a new building to house hub equipment, and it is anticipated that they will vacate their space by December 31, 2002. For this reason, roles have been reversed, and Burnsville/Eagan Community Television will be the principal tenant, and sublease to A T & T Broadband for the stated period. The term of the lease will run unti12006, and will grant BECT the option of reviewing lease costs on a yearly basis. Lease costs range from $10.00 per square foot (year 1) to $12.00 per square foot (years 4 and 5), with added costs for exterior space, shared maintenance, taxes, insurance, and lease-hold improvements. When the Cities took over the BECT operations in 1998, staff researched other lease options, including the review of costs by a commercial broker to stay at its current location. It was determined then that the projected rental amounts offered by the landlord were very competitive, especially in consideration of the costs that would be incurred to accommodate television production operations, including the building of studio, control room and master control at any other location. Additionally, by retaining the close physical approximation between BECT and AT&T Broadband's new hubsite, the Cities saved thousands of dollars for not having to construct additional infrastructure for the transmission and switching of the Institutional Network signals. As a result of this determination, the BECT facility was then remodel and expanded this past year to approximately 7,000 square feet to accommodate production growth. The lease incorporates this expansion. A copy of the pending lease agreement is on file at the office of the City Clerk. ~D Agenda Information Memo December 18, 2001 Eagan City Council Meeting U. EXTENSION FOR RECORDING THE FINAL SUBDIVISION - ACTION TO BE CONSIDERED: - To approve athree-month extension for recording the final subdivision for Eagandale Office Park 5th Addition. FACTS: - The Eagandale Office Park 5th Addition was approved on February 6, 2001. They were granted an extension for recording the final subdivision on March 20, 2001, a ninety-day extension on July 17, 2001 and asixty-day extension on October 16, 2001. - The applicant's legal council stated the time needed to finalize his financing to record this plat was overly optimistic. ATTACHMENTS: (1) • December 12, 2001 correspondence, page __~ ~~ .4TTORtiE1'S Mark D. Steplreruon James A. Sanfurd ' Yaldis A. Siliiu Kc~in J. Duulc~y •. William L. Norine •± Theresa A. Hodnett Lisa K. Sukola Paige M. Fitzgerald Daniel G. Kclly x t ADMITTED M NEw YORK + ADMITTED IN NORTH DAKOTA . ADMITTED IN WASHMGTON D.C. • ADMITTED M WISCONSIN STEPHENSON & SANFOR.D, P.L.C. ATTORNEYS AND COUNSELORS AT LAW 501 Marquette Ave, I~i40 Minneapolis, h1N X5402 Phone (612) 375-1440 Facsimile (612) 375-9839 December 12, 2001 Ms. Marilyn Wucherpfennig City of Eagan Planning Department 3830 Pilot Knob Road Eagan, MN 55122 . Re: Eagandale Office Park Sth Addition Our File No. 2519 Dear Ms. Wucherpfennig: 116 East Madison Ave eox so7 Gnnlsburg, W[ 54840 Phone 715 463 5955 PARALEGALS Michael C. Willett Mary R Petersen Rebecca A. Nelson leffrcy A. Powers Denwnd K. Reed Megan C.Tulikangas Coumba Diop Diene Gem Hayes Sent Via Facsimile Transmission and U. S. Mail During our telephone conversation of December 12, 2001, I explained that my client has been unable to finalize his financing and that it is doubtful that we will be able to-meet the December 17, 2001, deadline for recording the plat. At the October 16, 2001, City Council Meeting, my client's request for an additiona160 days for recording the plat was granted. At that time, we believed that an additiona1.60 days would be adequate. As my client has been unable to fmalize his financing to date, it appears that our proposed timetable for recording the plat was overly optimistic. Although the County Surveyor has preliminarily approved the plat for filing, the issue of the real estate taxes has not been resolved to date. As such, I am writing to request an additional three- month extension of the deadline for recording the plat. Such an extension should provide my client with enough time to arrange his finances and record the plat. Please find enclosed my law office check in the amount of $75.00 for the required fee. I am also requesting that you arrange to have this mater placed on the agenda for the City Council Meeting scheduled for December 18, 2001. I plan to attend the meeting in case the Council has questions regazding the status of this matter. Please do not hesitate to contact me with any questions or concerns you have regarding this matter. Thank you for your time, your consideration, and your patience. Sincerely, Daniel G. Kelly Q enclosure ~~ cc: George Zirnhelt Agenda Information Memo December 18, 2001 Eagan City Council Meeting V. APPROVE RENEWAL OF SNOW GROOMING CONTRACT WITH DAKOTA COUNTY ACTION TO BE CONSIDERED: Approve a renewal of a snow grooming contract with Dakota County for City cross- country trails and the Trapp Farm tubing hill through May 1, 2002, authorizing the Mayor to sign the contract renewal. FACTS: • The City currently provides cross-country ski trails in various parks and a tubing hill at Trapp Farm Pazk. • Over the past four seasons, grooming by the County under the contract has improved the quality and safety of the sliding surfaces. • The City does not currently own any winter grooming equip RENEWAL OF SNOW GROOMING CONTRACT WITH DAKOTA COUNTY ment. • The hourly rate of $130 includes the provision of all equipment, fuel, a County operator and the necessary insurance. The rate remains unchanged from the previous contract. • The average annual cost has been approximately $1500. The funds are included in the Pazk and Recreation Department operational budget. • The service is provided on as-needed basis only, at the request of the City. ATTACHMENTS: None '~3 Agenda Information Memo December 18, 2001 W. APPROVE ON-SALE BEER LICENSE FOR PARKVIEW GOLF ASSOCIATES LLC ACTION TO BE CONSIDERED: To approve an on-sale beer license for Pazkview Golf Associates, LLC. FACTS: • Pazkview Golf Associates, LLC has applied for an On-Sale Beer license with the City of Eagan. Shane Korman is the president of the corporation. The applicant has purchased Pazkview Golf Course (located at 1310 Cliff Road) from Pazkview Golf Holdings, LLC. Parkview Golf Associates, LLC submitted the required documents, which have been reviewed and deemed in order by City staff. The police have conducted an investigation of the principals and do not find any reason to deny the applicant the On-Sale Beer license. ATTACHMENTS: • Application enclosed without page number. ~v Agenda Information Memo December 18, 2001 Eagan City Council V. PUBLIC HEARINGS A. VARIANCES -RJR ENTERPRISES, INC. ACTION TO BE CONSIDERED: To approve a 16.25-foot setback Variance to the.required 50-foot building setback from a state highway, subject to To approve a 15-foot setback Variance to the required 20-foot parking and pavement setback from a public right-of--way. To approve a Variance to locate the loading docks facing a public right-of--way (in a front yard). To approve a Variance to the landscape standards for the loading area which require a 40-foot landscaped yard along public rights-of--way. FACTS: • The site is located north of Diffley Road between Nicols Road and Hwy. 77 (Cedar Avenue). The site is bounded by Nicols Road to the east and Hwy. 77 to the west, with MNDOT right- of-way to the north also. The adjacent lot to the south is developed with a motor fuel station (E-Z Stop). Access to the site is provided from Nicols Road. • RTR Enterprises is proposing to construct a 16,623 square foot multi-tenant office and warehouse building. The proposed building is intended for the relocation of Prowire, which is currently located on Beau D' Rue Drive • The requested variances all relate to the west side of the property, adjacent to Hwy. 77. Functionally, the front of the building faces Nicols Road (east), and the rear faces Hwy. 77 (west). However, the City Code treats both rights-of--way as a front for purposes of setbacks and other performance standards. • The site is a narrow strip of land, having 250 feet of width on the south end at its widest point, and tapering to 132 feet deep on the north end. It extends over 1,000 feet along Nicols Road. ATTACHMENTS: Planning Report, pages ~ through ~. ~s PLANNING REPORT CITY OF EAGAN REPORT DATE: December 12, 2001 APPLICANT: RJR Enterprises PROPERTY OWNER: RJR Enterprises REQUEST: Variance CASE: 19-VA-28-11-01 HEARING DATE: December 18, 2001 APPLICATION DATE: Dec. 3, 2001 PREPARED BY: Pamela Dudziak LOCATION: North of Diffley Rd. between Nicols Rd. and Cedar Ave (Hwy. 77) COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: GB, General Business SUMMARY OF REQUEST RJR Enterprises is requesting approval of Variances associated with the proposed construction of a 16,623 square foot multi-tenant office/warehouse building on 4.7 acres located north of Diffley Road between Nicols Road and Cedar Avenue (Hwy. 77). The requested Variances are as follows: 1) a 16.25 foot setback variance to the required 50-foot building setback from a state highway; 2) a 15 foot setback variance to the required 20-foot parking and pavement setback from a public right-of--way; 3) a variance to locate the loading docks facing a public right-of--way (in a front yard); and 4) a variance to the landscape standards for the loading area which require a 40-foot landscaped yard along public rights-of--way. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards only if: The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. ~~ Planning Report -RJR Enterprises, Inc. December 18, 2001 Page 2 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. . The applicant has submitted an application to plat this parcel into a single lot upon its existing boundaries. CODE REQUIREMENTS City Code Section 11.10, Subdivision 6-C, requires a minimum building setback of 50-foot from any interstate or state highway. City Code Section 11.20, Subdivision 15-A requires a minimum 20-foot parking and pavement setback along a public street. City Code Section 11.10, Subdivision 14-B-2 states "Loading areas and docks shall not be permitted along the front of any building." The definitions in Chapter 11 of the City Code define the front of a lot as any lot line abutting a public or private street. Section 11.10, Subdivision 14-B-4 states "A minimum 40-foot wide landscaped yard, including berms and vegetation, shall be established and maintained along public rights-of--way. Landscaping and screening shall be in accordance with all landscaping and screening regulations in this chapter." BACKGROUND/HISTORY The property is zoned GB, General Business. To the south is the E-Z Stop gas station, to the east is Cedar Grove School, and to the northeast asingle-family residential neighborhood. The site abuts Hwy. 77 (Cedar Avenue) right-of--way to the west and north, and Nicols Road to the east. EXISTING CONDITIONS The site is vacant and unplatted and contains a few scattered trees. A 30-foot sewer easement crosses the southern portion of the site. EVALUATION OF REQUEST RJR Enterprises is proposing to construct a 16,623 square foot multi-tenant office and warehouse building. The building is anticipated to be 50% office and 50% storage/warehouse space. The site is bounded by Nicols Road to the east and Hwy. 77 to the west, with MNDOT right-of--way to the north also. The adjacent lot to the south is developed with a motor fuel station (E-Z Stop). Access to the site is provided from Nicols Road. 7~ Planning Report -RJR Enterprises, Inc. December 18, 2001 Paue 3 The site is a narrow strip of land, having 250 feet of width on the south end at its widest point, and tapering to 132 feet wide on the north end. It extends over 1,000 feet along Nicoll Road. Trucking Study The Hwy. 77 corridor is a visual impact zone as identified in the Trucking Study (April 1997). The visual impact zones azea those areas having high visibility and which are pivotal to the City's image. Recommendations for development within the visual impact zones included limitations on outdoor storage and truck parking, and the establishment of effective landscaping and buffering within the visual impact zone. In particulaz, the Trucking Study recommended that outdoor storage not be allowed within the visual impact zones. City ordinances related to landscape screening and buffers were revised following the completion of the Trucking Study, and the standards applied to this proposal reflect those revisions. Site Plan The building is oriented with its front facing Nicols Road and the rear of the building facing Hwy. 77 to the west. Two driveways to Nicols Road are provided to allow vehicular circulation around the building and minimize conflicts between trucks and cars. The northern portion of the property will be left in green space and for stormwater ponding. Some additional parking could be expanded to the north if necessary. The applicant's narrative indicates that the northern part of the site also will provide an "underground loop for a geothermal heating and cooling system for the building." The proposed building is 280 feet long, 76 feet deep at the south end and 50 feet deep at the north end. The required building and parking setbacks are satisfied on the south and east sides, adjacent to the E-Z Stop and to Nicols Road opposite the school. The proposed building is 22 feet in height, and covers 11 % of the lot area. The landscape plan should show grading contours. A 2-3 foot berm should be provided between the pazking lot and Nicoll Road. The landscaping in this area should also be enhanced to include additional shrub beds for screening of the parking areas and the landscape plan should note that all landscaped areas are to have automatic irrigation. Some type of landscaping should. be provided along the west side of the property and while the 5-foot setback there may be too narrow to accommodate evergreen trees, some deciduous overstory trees should be located within that area. Variances The requested variances all relate to the west side of the property, adjacent to Hwy. 77. Functionally, the. front of the building faces Nicols Road (east), and the rear faces Hwy. 77 (west). However, the City Code treats both rights-of--way as a front for purposes of setbacks and other performance standards. The lot configuration and double street frontages with their larger setback requirements make it difficult to meet setbacks from rights-of--way on both sides of the lot. City Code Section 11.10, Subdivision 6-C, requires a minimum building setback of 50 feet from any interstate or state highway. The proposed building setback from the state highway right-of- way is 33.75 feet, necessitating the 16.25-foot Variance request. The building is situated to fully ~~ Planning Report -RJR Enterprises, Inc. December 18, 2001 Page 4 satisfy the setbacks along Nicols Road and allow for a drive aisle and parking along the east side of the building. City Code Section 11.20, Subdivision 15-A requires a minimum 20-foot pazking and pavement setback along a public street. The proposed pavement setback on the west side adjacent to the state highway is five feet, resulting in a Variance request of 15 feet. The proposed five-foot setback is standazd for side and rear yards not abutting a public right-of--way. City Code Section 11.10, Subdivision 14-B-2 states "Loading areas and docks shall not be permitted along the front of any building." Chapter 11 of the City Code defines the front of a lot as any lot line abutting a public or private street. The proposed loading area consists of one dock door, and several overhead doors at grade level. Because of the double street frontage, the loading area is located along the rear of the building faces a public right-of--way and therefore, is considered to be in a front of the building and thus, require a Variance for that location. In looking at other alternatives, the loading azeas could be located on the sides (north and south) of the building, but relocating parking to the west side would result in greater conflicts with cars having to pass through the service areas to access that parking. Section 11.10, Subdivision 14-B-4 states "A minimum 40-foot wide landscaped yard, including berms and vegetation, shall be established and maintained along publicrights-of--way. Landscaping and screening shall be in accordance with all landscaping and screening regulations in this chapter." A five-foot setback is proposed for the pavement on the west side of the lot, thus, the applicant is also requesting a Variance to the required 40-foot landscaped buffer azea between the loading area and the right-of--way. As already mentioned, there is an off-site berm west of the property between the highway ramp and the subject site. This berm will provide some screening for the loading area from the right-of--way to the west, however, because it is off- site and there aze no guarantees that the berm will remain. Without on-site screening, the loading area would then be unscreened from the west. The applicant proposes to plant some lilacs off the southwest corner of the building to provide some on-site screening from Diffley Road, but this would not be effective screening for views from the state highway. On-site screening should be provided in the event that the adjacent berm is removed. Screening maybe provided in the form of landscaping or a fence. Tree Preservation The tree inventory submitted with this application indicates that there are six significant trees on site (five elm and one aspen). The development as proposed will result in the removal of three significant trees, or 50% of the total. The required tree mitigation calculates to four Category B trees (or an equivalent of category A and category C trees) in addition to the required landscaping. Tree Protective Measures should be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on site. The applicant should also contact the City Forestry Division to set up apre-construction site inspection at least five (5) days prior to the issuance of a grading permit or commencement of 99 Planning Report -RJR Enterprises, Inc. December 18, 2001 Page 5 grading activities to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. APPLICANT'S ESTIMATE OF HARDSHIP Rocky and Joanne Ranch, aka RJR Enterprises, also own Prowire, Inc., which is located at 3992 Sibley Memorial Highway. Because of the company's growth and imminent changes to the Cedarvale area, the Ranch's have been actively looking for a place to relocate their business. It is their desire to stay in Eagan where Prowire was founded. The applicant has submitted a development narrative addressing the reasons for the variance requests. According to the applicant, "The unusual shape of the property, the 50-ft building setback and 20-ft parking setback present a unique hardship in developing this property. The building has been positioned to accommodate these setbacks as much as possible ...." The site plan satisfies setbacks on the east, north and south sides of the building, and the applicant indicates that that the shape of the lot, the double street frontage and associated increased setbacks "present a unique hardship in developing the property" making it difficult to also satisfy setback requirements on the west side of the property. The double frontage also makes it difficult to locate loading area on the side or rear of the building, since the rear of the building faces a public right-of--way. The applicant's narrative includes some photos and across-section view of the proposed building, berm, on-ramp and highway. The applicant requests that this topography be accepted as adequate screening from the right-of--way. Functionally, the existing topography should provide adequate screening from the right-of--way, although the long-term presence of the berm is not certain. Should the off-site berm be eliminated in the future, visually exposing the loading docks to the right-of--way, a wall or fence could be installed to screen the loading area, and it could be accommodated within the proposed 5-foot setback. SUMMARY/CONCLUSION RJR Enterprises is requesting approval of Variances associated with the proposed construction of a 16,623 square foot multi-tenant office/warehouse building on 4.7 acres located north of Diffley Road between Nicols Road and Cedar Avenue (Hwy. 77). The requested Variances are all on the west side of the property, which abuts Hwy. 77. The Variances include building and parkingJpavement setback variances from a public right-of--way and Variances to locate loading docks facing a public right-of--way and to the 40-foot landscaped buffer and screening standards between the loading area and public right-of--way. The site's narrow configuration and double street frontage do appear to present a practical difficulty to the development design. The applicant has attempted to work within the constraints of the site locating the building in the widest part of the property, avoiding existing easements, and satisfying the setback and screening standards on the east side of the property where the development will have the most visual and physical impact to the public. ~o Planning Report -RJR Enterprises, Inc. December 18, 2001 Page 6 ACTION TO BE CONSIDERED To recommend approval of a 16.25 foot setback Variance to the required 50-foot building setback from a state highway. 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith. attempt to complete or utilize the use permitted in the variance. 2. The landscape plan shall be revised to show deciduous overstory trees located within the five-foot setback along the west side of the property. 3. Tree mitigation is required in the amount of four Category B trees (or an equivalent of category A and category C trees.) The mitigation trees shall be identified on the landscape plan. To recommend approval of a 15 foot setback Variance to the required 20-foot parking and pavement setback from a public right-of--way. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The landscape plan shall be revised to show deciduous overstory trees located within the five-foot setback along the west side of the property. To recommend approval of a Variance to locate the loading docks facing a public right-of--way (in a front yard). If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. On-site screening shall be provided in the event that the adjacent berm is removed. Screening maybe provided in the form of landscaping, berming or a fence. Bi Planning Report -RJR Enterprises, Inc. December 18, 2001 To recommend approval of a Variance to the landscape standards for the loading area which require a 40-foot landscaped yard along public rights-of--way. 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. On-site screening shall be provided in the event that the adjacent berm is removed. Screening may be provided in the form of landscaping or a fence. ~~ Eagan Boundary Location Map ~P~~~=~"~ Bulldinp Footprirk ~'_ ~ ~ ~ ~ /~ e ~,~~~^+ '~ ~ ~ `~ ~ ~ ji ~ ~r~1 ~"~ f' 9 a. ~ ~ ~~ ® ®~. .2A ~ t 1 ~ ~ ''sk,y^~a~ j . ~ t ~ '~dv1 u:=u ~ ama avs® ®® , \, ., ~I s ~ a~ _ ~/ ® ~ ~ n f~ 3 ~~ m ~ m ~ ~i/ o ,... K ` t' ~'' e ~~ I ~ ~ a r 3 r .° 'm tc 3 8 p ; C ~ +' J ~ I .. ~ . o a a _ ~ Sub ect Site ~ ~ I A ~. ~ ~ ~ ~ . 4~ ' ..~~ a ~~~rt Y *` a °= ~ `~ ~" i a p ~t ~ e _ f" ~ ~ a +~ 1 i ~ i e ® t ~ ® s h m o.ui~ as ~ a s ° , y m ~ ~ ,m i'~ i s ,~ ~ a + t i~. v ~: + '~~ r ! q a n .. r + I ir;, I C , .~ .. ...... a ~, hi57aa~ q ap ~ t9 a • + 1t ~ ~ 3 ., 9 ~ ~ s m ~ + ~ ~' ~ a ~ ~ ~ ~ ~ y j ~ '!Y ~ ° 0 0 3 ~' ~ d~ _' _ ,. ~ s ~ ~ ~ ~ •~ E : a ~ Jy ~Q '~ a q ~ ~ ~ a ,~ a ~ ~ , ~ ~P• p ~ ~ rr m ® e' ti ac ~ ° ~'' ~ s ~ f ~ v off` ~ 9 0 ds r r , v • ~1 y ~.' I ~ ~t'`.~ ~A ~ I ~ }rr~ ,<Q~ II ~ a ~,. // ~ 1000 0 1000 2000 Feet Development/Developer: Rocky L. Ranch (Pro Wire) Application: Variance Case No.: 19-VA-28-11-01 ~~ Map Pnpand uaHq ERSI ArcVMw 1.1. Parcel baw nrp du provided by Mkou Ceunty Land Survey Dpvor»nt and is eurrent as of Oetober 1001. THIS MA- Is INTENDED FOR REFERENCE USE ONLY N w E City of Eagan M. ! N N E S O T A Cernrrruedty Devaleprnent DePanteant The Clty of Eagan and Dakota County da sot ouaraMaa tho aeauraey of this Intormatlon and an not raspwnNbla Tor errors e/ omissions. S Current Zoning and Comprehensive Guide Plan Land Use Map RJR Enterprises, Inc. (Prowire) Variance Case No. 19-VA-28-11-01 Zoning Map ,., ~~~~~ I-1 1 Location Current Zoning: PD GB General Business g PD PF P B Y R-s -F ~ RB C e a i soo a o0o tyN F..t ~ • PF ~ R PF //~~7~ ~!~ \ X . d Comprehensive Guide Plan Land Use Map Current Land Use Designation: RC Retail Commercial we o soa i:a p..e ~',~~? psreN bw map I V ` ay Wkola Gerwty Laatl iarvy O.prt~aaat OY01/01. N 2oNny I.f.nwaWa wNaWaN ~ Glty aWf. City of Eagan W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The Clty of Eagan and Dakota County do not guarantee the accuracy of this Information. 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I R, '? ~ Q:i m~~ I I© ~Is3~ a A ~ (~ --------"----!r--S'-I ~o I - - - - ~ 1 ~~s paY Q ~~§ ~ ~ ZY ~~'i ® - O 8 z ~Y 90 = - _ ~' .. = ~~ !~ e f IW ~~ - ~ d~o~'~I fit- .... _ W.: Q Ip~ _ _ ~ ~ R~ ~~a~I~UF~~~ ~~ ~ ~~ ~~~ ~ ~~ i~~ ~ ~~ M1 ~ Q~ $ BBBg§ ~~ ~ x~a ~g a :~ g na p ~k. ` o~ ~kF 777}~ ~~~ gs ?fly ~ <3 ~ ~~~9 sc~ ~~~ ~ Y !i ~~~~ ~~~~ a $ ~' e 6 ~ ~ 3 ~ ~ ~ ~ $ ~ zB a 3 ~ a ~ ([4 g i ~; ~ ~ ~~~ ~ g ~~ ~ t ~ ~ ~`~ S~ pt~~; ~~ ~ ~ ~~ ;;~ ~ ~ ~ ~ °i ~T i~ ~ B i ~~ ~ ~ ~ ~98 ~ ! ~ ~ ~n9 ~ ~{ ~~ ~ ~e~ iy a ig 1 4J a ~£ ~ Q R ~ ~ ¢ ~ ~ _ E r ~E~ ~ } ~ ~~~ ~~ ~ ~ 2 a s ~~ ~['P~~~ ~ 1_ a~ ~a89 s ~lk~g ~~ g B ~~ 8g ~a ~ g g~;~~~ . 4w =E ' a~~~ ~ I ~'~ ~ I I Q Q ~ ~ ~ ~ I~~` ~ bb E£ ~ 8~ ~i ~ Y ~~ LANDSCAPE PLAN W ~ ~ ~ a ~ ~ d ~ ~ ~ ~ ~ ~ ~ ~ W ~ ~ e h h _ N Y _ N X W ~ F A F ~ ~ E a $ $ $ $ $ 5 Application for Plat and Variance Subject Property: Sect 19, Township 27, Range 23, SE 1/4 of SW Comdor EX East 250 Ft of South 225 Ft Ex Pt Ly N'ly and W'ly of Mdot R/W Plat 19-5 EX Parcel 19 of State R/W Plat No 19-5 Cont 23 Acs. Property Owners: Rocky and Joanne Ranch 18901 Jordan Trail Lakeville, MN 55044 952/469-2599 Rocky and Joanne are also the owners of 3992 Sibley Memorial Hwy, Eagan, MN, which houses their business-Prowire Inc. Due to do the company's growth and the imminent changes to the Cedarvale area, Prowire has been actively looking for a place close by to relocate. It is their desire to stay in Eagan where Prowire was founded. The owners are looking forward to moving Prowire's business operations into the proposed building for the above mentioned site. Application Summary: An application has been submitted requesting a final plat and a set back variance for one lot on 3.45 acres zoned General Business located in the northwest quadrant of Diffley and Nicols Roads. The Comprehensive Guide Plan designates this area as General Business. The proposed multi-tenant office/wazehouse meets the Comprehensive Guide Plan zoning requirements. Current Conditions: The property is presently a vacant lot mainly composed of scrub grass and trees that have grown voluntarily after the lot was left vacant following i;ie highway 77 freeway construction. The building azea of the site is restricted to the west and east due to right of way set backs and to the south with a sewer easement and 50- ft set back. The entire site is bound by vacant MNDOT lots to the north; Cedaz School and single family homes across Nicols Road to the east; E-Z Stop Gas station to the south and State Hwy 77 right-of--way to the West. The entire property is zoned GB (general business). Site Plans: 9/ RECEIVED NOV 9 02001 The proposed site plan calls for a 16,623 squaze foot multi-tenant office/wazehouse building. Due to the lay out of the property, the parking and building will be on the southern half of the property. The northern part of the property includes a drainage pond and landscaped green area. The green area will be utilized to provide underground loop for a geothermal heating and cooling system for the building as well as a recreation azea. The proposed site also calls for two road accesses off of Nicols Road to provide an easy and clean flow of traffic on and off the site. Based on 50% office and 50% warehouse building use, 67 parking stalls will be provided with an expansion of 17 stalls available to the north if the tenant use should change. Variance: The unusual shape of the property, the 50-ft building setback, and 20-ft pazking setback present a unique hardship in developing this property. The building has been positioned to accommodate these setbacks as much as possible even to the point of positioning pazking too far from entrances. The southern and eastern set backs have been met. The western property line lies at the bottom of a large embankment that separates State Hwy 77 from local neighborhood. In addition, the highway fence lies at the top of this embankment and is 20 to 100 ft from the property line. The actual on ramp for State Highway 77 and the highway itself are an additional 20 to 200 ft from that fence line. It is requested that the City of Eagan issue a setback variance on western property line as follows: Western Property Current Setback Requested Line Setback Parking 20 ft 5 ft Building 50 ft 10 ft This variance would leave the property with a standard back property line setback. The typographical layout of the right-of--way and the property assure that this change will pose no threat to safety or future right-of--way development. In addition, city ordinances require that the loading docks on the west-side of the building be screened with landscaping since it is adjacent to public right-of--way. The property technically has two front yazds. The loading docks on the west side of the building will, in fact, be screened by the interstate embankment that presently exists on state right-of--way. The interstate embankment provides noise control and screening to Cedaz Grove School and residential neighborhood that lay across the road from the proposed building site. The proposed building and driveway set approximately 8'-10' below the top of this embankment and State Hwy 77 sets 18' - 20' below on the other side. The top of the proposed building will bazely be seen by a driver on Hwy 77. The view from Diffley Road and the north-bound ramp onto Hwy 77 will be screened by a grouping of evergreen trees proposed at the southwest corner of the property. It is requested that City of 9~ Eagan accept the proposed landscape provisions and the typography of the adjacent right-of--way as adequate screening for State Hwy 77 right of way. Cross-section looking to the North from Diffley Road ~ Building I On Ramp Proposed Pine Trees State Hwy 77 93 ~6 a~ 3 0 3 0 b an ... 0 0 a ~, 0 ~. ~, a~ a~ w 0 ~, 0 a~ a~ a~ U C N w x 0 A ao c .... 0 0 a a~ 0 0 a~ 3 0 b an c .., 0 0 Agenda Information Memo December 18, 2001 Eagan City Council Meeting B. PROJECT 852, POST/ RUSTIC HILLS/ OSTER ADDITIONS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 852 (Post/ Rustic Hills/ Oster Additions -Street Improvements) and authorize the prepazation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past twelve years, the City has rehabilitated approximately 49 miles of local streets. • The resurfacing of Sibley Hills Drive, Rustic Hills Drive, Oster Drive and a portion of Skyline Road has been programmed for 2002 in the City's 5-Year Capital Improvement Program. In June, 2001, advanced notices of this pending capital improvement were sent to all affected property owners. • On September 17, 2001, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of the rehabilitation of the streets within the Post, Rustic Hills and Oster Additions neighborhood, located north of Lone Oak Road and east of Pilot Knob Road. • On November 20, 2001, the feasibility report for Project 852 was presented to the City Council and a Public Hearing was scheduled for December 18 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on December 12 in the City Council Chambers for the adjacent property owners and representatives to discuss the proposed improvements. With 37 total properties proposed to be assessed under this improvement, 1 person representing 1 property that is not proposed to be assessed attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages~through~ • Neighborhood Meeting Minutes, pages~through~~ 9S Post Addition, Rustic Hills and Oster Addition Street Improvements Eagan, Minnesota October, 2001 City Project No. 852 96 j~~~ 4150 Olson Memorial Highway, Suite 300, Minneapolis, MN 55422 phone: 763-541-0800 faz: 763-541-1700 Qc.lssociates, Inc. City of Eagan Report for Post Additions, Rustic Hills and Oster Addition Street Improvements City Project No. 852 WSB Project No. 1380-03 Eagan, Minnesota October, 2001 9~ ~~~~ & Associates, Inc. October 19, 2001 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Post Additions, Rustic Hills and Oster Addition -Street Improvements City Project No. 852 WSB Project No.1380-03 Dear Mayor and City Council: Attached is our feasibility report for the Post Additions, Rustic Hills and Oster Addition - Street Improvements, City Project No. 852. The report discusses the proposed improvements and includes a cost opinion, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Sincerely, WSB & Associates, Inc. ~-t.~ David E. Hutton, P. E. Project Manager 4150 Olson Memorial Highway Suite 300 Minneapolis Minnesota 55422 763.541.4800 ~~ 763.541.1700 FAX Minneapolis • St. Cloud • Equal Opportunity Employer I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Date: October 19, 2001 Lic. No. 19133 Reviewed by: Date: Department of Public Works Reviewed by: Finance Department Date: 99 David E. Hutton, P.E. TABLE OF CONTENTS Letter of Transmittal Certification Table of Contents Page Executive Summary ........................................................................................................................1 Introduction ..................................................................................................................................... 2 Scope ............................................................................................................................................... 3 Street Evaluation ............................................................................................................................. 3 Proposed Improvements .................................................................................................................. 4 Utilities ............................................................................................................................................ 5 Easement/Petirtits ............................................................................................................................ 5 Cost Estimate ................................................................................................................................... 5 Assessments .................................................................................................................................... 5 Assessment Financing Options ....................................................................................................... 7 Revenue Source ............................................................................................................................... 7 Project Schedule .............................................................................................................................. S Feasibility and Recommendations .................................................................................................. 8 LIST OF APPENDICES Appendix A Preliminary Cost Opinion Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2, 3, 4 Street Improvements and Easement Area Maps - 5, 6 Typical Sections /6?~ October 2001 Street Improvement Report Post Additions, Rustic Hills and Oster Addition Eagan, Minnesota Executive Sununary The City has retained WSB & Associates, Inc. to prepare a Feasibility Report on street improvements in the Post 15` - 2°d Additions, Rustic Hills Addition and the Oster Addition. The City has had a Pavement Management System in place since 1989, which is used to evaluate street conditions and develop the appropriate rehabilitation techniques. Based on this system, Sibley Hills Drive in the Post Additions has been identified as a reclamation/overlay project. This work shall consist of pulverizing the existing bituminous pavement and mixing it with the underlying gravel base to produce a uniformly graded aggregate base. Anew bituminous surface will then be placed on the reshaped and compacted base. A portion of Rustic Hills Drive in the Rustic Hills Addition and Oster Drive and Skyline Drive in the Oster Addition have been identified as a bituminous overlay project. This work will include edge milling the existing bituminous pavement along each curb line and placement of a new bituminous pavement wear course. The proposed improvement costs are estimated at $89,210. Of these costs, approximately $32,730 will be assessed to the abutting property owners in accordance with City policy and $56,480 will be paid for with the City's Street Maintenance Fund. The estimated assessment rate is $1,680 per residential lot for the proposed bituminous street reclamation improvements in the Post Additions and $590 per residential lot for the proposed mill and overlay improvements in the Rustic Hills and Oster Additions. The project is scheduled to be constructed in 2002. This project is feasible, necessary and cost-effective from an engineering standpoint and should be constructed as proposed herein. /o/ Introduction As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. This report encompasses several roads that have been identified for street improvements in 2002. Figure 1, located in Appendix C, illustrates the project locations. They include: a) Sibley Hills Drive, which is a 640-foot long, 32-foot wide cul-de-sac street within the Post 15` - 2°d Additions. Sibley Hills Drive was built in 1971 as part of adjacent residential development. The cul-de-sac at the end of Sibley Hills Drive was recently reconstructed and resurfaced and is not included in this-p~eject. b) Rustic Hills Drive, which is a 990-foot long, 32-foot wide cul-de-sac within the Rustic Hills Addition. Rustic Hills Drive was built in 1979 as part of adjacent residential development. c) Oster Drive and Skyline Road, which are 32-foot wide roads totaling 647 feet in length within the Oster Addition. Both roads were built in 1983 as part of adjacent residential development. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed at 5 to 7 years, again at 12 to 14 years with a bituminous overlay at approximately 20 years. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate times during the life of the pavement. The City of Eagan's maintenance records indicate that the streets in the Post 15` - 2°d Additions were seal coated twice in 1976 and 1995. The streets in the Rustic Hills Addition were seal coated in 1984, 1991, and 1995, and the streets in the Oster Addition were seal coated in 1987 and 1995. Time and weather have caused Sibley Hills Drive to deteriorate to a brittle condition where a bituminous overlay would not be appropriate and replacement of the entire bituminous section would be most cost-effective. Rustic Hills Drive, Oster Drive, and Skyline Drive are in better condition and a bituminous overlay would be an appropriate improvement. The proposed improvements for these streets include milling a strip along the existing concrete curb and gutter so that the overlay matches the existing gutter. The City of Eagan Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the 2 /~~ system is in good working order and that no major repairs are necessary. Several valve boxes, manholes, and catch basins will need to be adjusted or repaired as part of this project. Scope This project provides for the reclamation (grinding and blending the existing pavement surface and gravel base for use as new gravel base) and construction of new bituminous surface on approximately 590 feet of street located within the Post Additions (Sibley Hills Drive). This project also provides for the resurfacing (edge mill and bituminous overlay) of approximately 1,470 feet of streets located within the Rustic Hills (Rustic Hills Drive) and Oster Additions (Oster Drive and Skyline Drive). Figure 1 illustrates the project areas. Also included is the replacement of damaged curb and gutter, sanitary and storm sewer manhole casting adjustment, and watermain valve adjustments/replacements. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56 - 100 Routine Maintenance/Crack Seal/Seal Coat 36 - 55 Patch/Repair and/or Overlay 0 - 35 Reconstruct The 2001 PCI ranking for the portion of the Post Additions discussed in this report has an area weighted average placement condition rating of 16, which falls within the rankings of the "Reconstruct" category. This PCI ranking makes the streets in the Post Additions appropriate candidates for the reclamation/recycling type of construction. The 2001 PCI ranking for the portions of the Rustic Hills Addition and the Oster Additions discussed in this report have area weighted average pavement condition ratings of 48 and 51 respectively. Both of these azeas fall in the "Patch/Repair and/or Overlay" category. The PCI rankings make the streets included in this project appropriate candidates for the overlay type of construction. 3 /~~ Proposed Improvements The proposed street improvements for the Post Additions are shown in Figure 2. The existing street section in the Post Additions consist of approximately 3" of bituminous surface supported by approximately 4" of gravel base. The existing bituminous surface for this street, along with approximately 3" of the gravel base, will be reclaimed (which involves grinding, mixing and processing the material in place) to a depth of approximately 6". This reclaimed material will be left in place on the street and used as gravel base beneath a new 2" base course and a 1" wear course bituminous pavement. The new pavement, combined with the reclaimed material as gravel base, will provide a street section consistent with current City standards for a residential street. The cul-de-sac bulb at the end of Sibley Hills Drive was recently reconstructed as part of a watermain improvement and will not be upgraded as part of this project. The proposed street improvements for the Rustic Hills Addition and Oster Addition are shown on Figures 3 and 4. The existing street sections in the Rustic Hills Addition (Rustic Hills Drive) consist of approximately 3" of bituminous surface supported by approximately 3" of pit run gravel base. The existing street sections in the Oster Addition consist of approximately 3" of bituminous surface supported by approximately 6" of Class V aggregate base on Oster Drive and approximately 31/z" of bituminous supported by approximately 10" of Class V aggregate base on Skyline Drive. The proposed improvements on Rustic Hills Drive, Oster Drive, and Skyline Drive will consist of taper milling the edge of the existing bituminous starting at 11/z" deep along the existing concrete curb and gutter and matching the existing paving with an approximate width of six feet. A 11/z" bituminous wear course will then be placed over the entire width of the existing bituminous roadway section (30 feet wide). Figures 5 and 6 show the existing and proposed sections for all three areas. Neither the combination of reclamation and new pavement in the Post Additions nor the proposed bituminous overlay in the Rustic Hills Addition and Oster Addition will eliminate cracking due to the temperature extremes experienced in Minnesota. Routine maintenance will still need to continue under the City's Pavement Management Program. Damaged curb and gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 19°Io (800 feet) of the existing concrete curb and gutter will have to be replaced. 4 /o y Utilities All sewer and water utility lines have been reviewed by the City of Eagan maintenance staff for any required repairs and/or replacements. The sanitary sewer lines have been televised. All structures have been inspected for any necessary modifications. Easement/Permits All work will be in the public right-of-way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates aze based on anticipated 2002 construction costs and include a 5% contingency and indirect costs of 30%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: • Reclamation and Bituminous Surface ...................... $24,740 (Post Addition) _ • Edge Milling and Bituminous Overlay .................... $38,600 (Rustic Hills Drive and Oster Additions) • Repair Existing Concrete Curb & Gutter ................. 25 870 Total ............. $89,210 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for street improvements for local streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Street Resurfacing -Reclamation ^ Low Density Residential (R-1, 2, 3) 75% 25% 5 /~~ Mill and Overlay ^ Low Density Residential (R-1, 2, 3) 50% 50% Repair Existing Concrete Curb and Gutter 0% 100% Low Density Residential Lots (R-1) Reclamation -Post Addition (Sibley Hills Drive) All residential equivalent properties as shown on Figure 2, having driveway access on to the streets to be improved are proposed to be assessed. The City's Assessment Policy states that 75% of the bituminous street improvement costs are assessable for residential properties and are based on a normal residential width street (32 feet). There are 10 total assessable parcels on this street. The estimated cost per residential lot to be assessed based on the City Assessment Policy is $1,680/lot and is calculated as follows: 1) % Low Density Residential = 1,217 feet/1,347 (Total F.F.) = 90.35% 2) [$24,740 (reclamation cost) x 75% x 90.35%] _ $16,764 (Total Residential Assessment) 3) $16,764 (Total Residential Assessment) 10 Residential Lots = $1,680/Residential Lot Mill and Overlay -Rustic Hills (Rustic Hills Drive) and Oster Additions (Oster Drive and Skyline Drive) All residential equivalent properties as shown on Figures 3 and 4, having driveway access on to the streets to be improved are proposed to be assessed. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties and are based on a normal residential width street (32 feet). There are 27 total assessable parcels on these three streets. The estimated cost per residential lot to be assessed based on the City Assessment Policy is $590/lot and is calculated as follows: 1) % Low Density Residential = 2,570 feet/3,135 (Total F.F.) = 81.98% 2) [$38,600 (Mill & Overlay Cost) x 50% x 81.98%] _ $15,826 (Total Residential Assessment) 3) $15,826 (Total Residential Assessment) 27 Residential Lots = $590/Residential Lot 6 /06 Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment for the bituminous street improvements will be spread over ten years and the assessment for the mill and overlay will be spread over five years. The interest rates will be determined by the results ~of the bond sale used to finance the improvements. The following payment schedule will result for asingle-family home based on an estimated 7% interest for the assessed amounts: Reclamation -10-year Payback: Single Family Residential Lot = $1,680 Principal Per Year Interest Per Year Cost Per Year First Year $168 $118 $286 Tenth Year $168 $12 $180 Mill and Overlay - 5-year Payback: Single Family Residential Lot = $590 Principal Per Year Interest Per Year Cost Per Year First Year $118 $41 $159 Fifth Year $118 $8 $126 Revenue Source A summary of revenue sources is listed below: Property Project Cost Assessment City Contribution Reclamation $24,740 $16,800 ($7,940) Mill & Overlay $38,600 $15,930 ($22,670) Repair Concrete Curb & Gutter $25,870 -0- ($25,870) Total $89,210 $32,730 ($56,480) /o ~ The City's Major Street Fund will finance the estimated project deficit of $56,480 (63.3% of total). Project Schedule Present Feasibility Report to City CounciU Order Public Hearing ................................................................... November.8, 2001 Neighborhood Meeting ......................................................................December 12, 2001 Public Hearing ......................................................................December 18, 2001 Approve Plans and Specifications .................................................................February, 2002 Award Contract .................................... .......... .March, 2002 ..... ............................. Project Completion ................................................................................July 31, 2002 Final Cost Report .......................................................................... September, 2002 Final Assessment Hearing .....................................................................................Fall, 2002 First Payment Due with Property Tax Statement .....................................May 15, 2003 Feasibility and Recommendations This project is necessary to decrease maintenance costs, create a safer driving surface, and increase rideability. This project is cost effective in that the proposed combination of improvements (edge milling and bituminous overlay and reclamation/ recycling) is considerably less expensive than complete reconstruction of these streets. This project is feasible from an engineering standpoint in that these types of improvements have been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Yeaz Capital Improvement Plan (2002 - 2006) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the projects be constructed as• proposed in this report in combination with other similar projects in the area. /a~ APPENDIX A Preliminary Cost Opinion /09 APPENDIX A ENGINEER'S OPINION OF COST POST ADDITION, RUSTIC HILLS 8 OSTER ADDITION -STREET IMPROVEMENTS CITY OF EAGAN CITY PROJECT NO. 852 WSB PROJECT NO. 1380-03 SCHEDULE A -STREET RESURFACING POST 1st ~ 2nd ADDITIONS RECLAIMATION - SIBLEY HILLS ROAD ITEM ITEM NO. DESCRIPTION UNIT EST. QTY. UNIT PRICE EST. COST 1 2021.501 MOBILIZATION (5°/a) LUMP SUM 1 $900.00 $900.00 2 2104.513 SAWING BITUMINOUS PAVEMENT LIN. FT. 40 $3.00 $120.00 3 2331.508 TYPE LV 41 WEARING COURSE MIXTURE (1") TON 125 $33.00 $4,125.00 4 2331.514 TYPE LV 31 BASE COURSE MIXTURE (2") TON 250 $31.00 $7,750.00 5 2331.604 BITUMINOUS PAVEMENT RECLAIMATION (6") SQ. YD. 2,000 $1.00 $2,000.00 6 2331.607 REMOVE RECLAIMED MATERIAL (2") CU. YD. 110 $8.00 $880.00 7 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GAL 100 $2.00 $200.00 8 2504.602 REPLACEJADJUST GATE VALVE RISER BOXES EACH 3 $300.00 $900.00 9 2506.522 ADJUST FRAME AND RING CASTING (MANHOLE) EACH 1 $250.00 $250.00 10 2563.601 TRAFFIC CONTROL LUMP SUM 1 $1,000.00 $1,000.00 SUBTOTAL $18,125.00 +5% CONTINGENCIES $906.00 SUBTOTAL $19,031.00 +30% INDIRECT COSTS $5,709.00 TOTAL $24,740.00 SCHEDULE 8 -STREET RE5URFACING RUSTIC HILLS ADDITION AND OSTER ADDITION MILL 8.OVERLAY -RUSTIC HILLS DRIVE, OSTER DRIVE d~ SKYLINE ROAD ITEM ITEM NO. DESCRIPTION UNIT EST. QTY. UNIT PRICE EST. COST 1 2021.501 MOBILIZATION (5%) LUMP SUM 1 $1,300.00 $1,300.00 2 2232.501 MILL BITUMINOUS SURFACE (1-1/2") SQ. YD. 2,100 $1.00 $2,100.00 3- 2331.508 TYPE LV 41 WEARING COURSE MIXTURE (1-1/2") TON 595 $33.00 $19,635.00 4 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GAL 650 $2.00 $1,300.00 5 2504.602 REPLACE/ADJUST GATE VALVE RISER BOXES EACH 4 $300.00 $1,200.00 6 2506.522 ADJUST FRAME AND RING CASTING (MANHOLE) EACH 7 $250.00 $1,750.00 7 2563.601 TRAFFIC CONTROL LUMP SUM 1 $1,000.00 $1,000.00 SUBTOTAL $28,285.00 +5% CONTINGENCIES $1,414.00 SUBTOTAL $29,699.00 +30% INDIRECT COSTS $8,910.00 TOTAL $38,609.00 SCHEDULE C -REPAIR EXISTING CONCRETE CURB AND GUTTER ITEM ITEM NO. DESCRIPTION UNIT EST. QTY. UNIT PRICE EST. COST 1 2104.501 REMOVE CONCRETE CURB AND GUTTER LIN. FT. 800 $6.00 $4,800.00 2 2331.521 BITUMINOUS DRIVEWAY PATCHING SQ. YO. 50 $16.00 $800.00 3 2531.501 CONCRETE CURB AND GUTTER, DESIGN D412 LIN. FT. 800 $13.00 $10,400.00 4 2506.522 ADJUST FRAME AND RING CASTING (CB) EACH 7 $250.00 $1,750.00 5 2575.505 SODDING, TYPE LAWN (INC. TOPSOIL 8 FERT.) SQ. YD. 300 $4.00 $1,200.00 SUBTOTAL $18,950.00 +5% CONTINGENCIES $948.00 SUBTOTAL $19,898.00 +30°~ INDIRECT COSTS $5,969.00 • TOTAL $25,867.00 TOTAL PROJECT COST 589.216.00 //~ M:10138Q03~Exes110PtN10NOFCOST1Cost Ognion APPENDIX B Preliminary Assessment Roll //~ Appendix B Preliminary Assessment Roll Post 1st - 2nd Additions Rustic Hills Addition Oster Addition Clty Project No. 852 WSB Project No. 01380-03 Schedule A: Street Resurfacing -Reclamation Parcel (R-1 Low Density) P.I.N. Lot Equivalent Unit Assessment Total Post 1st Addition Block 1 2880 Sibley Hills Drive 10-58500-020-00 1 $1,680.00 51,680.00 2870 Sibley Hills Drive 10-58500-030-00 1 51,680.00 51,680.00 2860 Sibley Hills Drive 10-58500.040-00 1 $1,680.00 51,680.00 2850 Sibley Hills Drive 10-58500-050-00 1 $1,680.00 $1,680.00 Post 2nd Addition Block 2 2841 Sibley Hills Drive 10.58501-010-00 1 $1,680.00 $1,680.00 2852 Sibley Hills Drive 10.58501-020-00 1 $1,680.00 $1,680.00 2854 Sibley Hills Drive 10-58501-030-00 1 $1,680.00 $1,680.00 2858 Sibley Hills Drive 10-58501-040-00 1 51,680.00 $1,680.00 2886 Sibley Hiiis Drive 10.58501-050-00 1 51,680.00 $1,680.00 2888 Sible Hills Drive 10.58501-060-00 1 $1,680.00 $1,680.00 Subtotal - Schedule A 10 $16,800.00 Schedule B: Street Resurfacin - Miil and Overla ' Parcel (R-1 Low Densi ) P.I.N. Lot Equivalent Unit Assessment Total Rustic Htlls Addition Block 1 1581 Rustic Hills Drive 10-65000-010-00 1 E590.00 $590.00 1577 Rustic Hills Drive 10-65000.020-00 1 $590.00 $590.00 1573 Rustic Hills Drive 10-65000-030-00 1 $590.00 $590.00 1569 Rustic Hills Drive 10-65000.040-00 1 $590.00 $590.00 1565 Rustic Hills Drive 10-65000-050-00 1 $590.00 $590.00 1561 Rustic Hills Drive 10-65000-060-00 1 $590.00 $590.00 1562 Rustic Hills Drive 10-05000-070-00 1 $590.00 $590.00 1566 Rustic Hills Drive 10-65000-080-00 1 3590.00 $590.00 1570 Rustic Hills Drive 10-65000-090.00 1 3590.00 $590.00 1574 Rustic Hills Drive 10-65000-100-00 1 $590.00 $590.00 1578 Rustic Hills Drive 10-65000-110-00 1 $590.00 3590.00 1582 Rustic Hills Drhre 10-65000-120-00 1 3590.00 $590.00 1586 Rustic Hills Drive 10-65000.130-00 1 3590.00 $590.00 1590 Rustic Hills Drive 10-05000-140-00 1 3590.00 $590.00 1594 Rustic Hills Drive 10-65000-150-00 1 $590.00 $590.00 Oster Addition Block 1 1427 Oster Drive 10.55400-010-00 1 $590.00 5590.00 1423 Oster Drive 10-55400-020-00 1 3590.00 $590.00 1419 Oster Drive 10.55400-030-00 1 $590.00 $590.00 1415 Oster Drive 10-55400-040-00 1 $590.00 $590.00 1409 Oster Drive 10-55400-050-00 1 $590.00 $590.00 1405 Oster Orive 10.55400-060-00 1 $590.00 3590.00 1404 Oster Drive 10-55400-070-00 1 3590.00 5590.00 1412 Oster Drive 10.55400-080-00 1 3590.00 $590.00 1420 Oster Drive 10.55400-090-00 1 3590.00 5590.00 Treffle Acres Block 1 1410 Skyline Drive 10.77250-020-00 1 3590.00 $590.00 1414 Sk line Drive 10.77250-030-00 1 $590.00 5590.00 1420 Skyline Drive 10-77250-040-00 1 $590.00 5590.00 Subtotal -Schedule 8 27 $15,930.00 Total Assessments $32,730.00 / >~ M:101380-03~Exu110PIN10NOFCOSTPMim Assrtss Rog