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08/20/2002 - City Council Regular AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING AUGUST 20, 2002 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS & PRESENTATIONS pa A. MINNESOTA RECREATION AND PARK ASSOCIATION 2002 AWARD OF EXCELLENCE FOR GRANDFATHER TREE PROJECT IV. CONSENT AGENDA 3 A. APPROVE MINUTES B. PERSONNEL ITEMS ~j C. RATIFY Check Registers for August 8, 2002 and August 15, 2002 D. PROCLAIM September as National Alcohol and Drug Addiction Recovery Month E. APPROVE 2002 Premises Permit Application F. APPROVE 2002 Amusement Device License Renewal G. APPROVE 2002 Tobacco License H. APPROVE 2002 New commercial Trash Hauler License I APPROVE Change Order #2, Pavilion/Wellhouse #20 at Central Park site J. APPROVE Change Order #5, Community Center A K. ADOPT Findings of Fact, Variance - Glenn Hartzell L. RECEIVE Bids and Award Contract for City Wide Telephone System APPROVE Change Order No. 5 for Contract 01-04 (Central Parkway - Street and Utility Improvements) ps N. RENAME Carol Street to Red Pine Lane P AUTHORIZE Final Payment for Contract 02-02 (River Hills 9 h, Cedar Cliff / Mari Acre, Post Additions / Rustic Hills / Oster Addition - Street Improvements) P. APPROVE Agreement with Dakota Electric Association for Project 866 (Cedar Grove Redevelopment - Streetscaping) Q. ACCEPT Bids and Award Contract - Community Room Audio Visual Renovation R. APPROVE Classification of Tax Forfeited Property 6 S. APPROVE 2003 - 2007 CIP Part II Vehicles and Equipment ~T. APPROVE Change Order No. 1 for Contract 02-11 (Dodd Road, Cliff Road to 120`s Street and 9 Utility Improvements) ~7b U. RECEIVE Assessment Roll and Schedule Public Hearing for Project 794 (River Hills 91h Addition - Street Overlay) V. RECEIVE Assessment Roll and Schedule Public Hearing for Project 795 (Beacon Hill/Brittany Additions/Johnny Cake Ridge Addition / Covington Lane - Street Overlay) 1 W. RECEIVE Assessment Roll and Schedule Public Hearing for Project 796 (Cedar Cliff/Mari Acres - Street Overlay) X. RECEIVE Assessment Roll and Schedule Public Hearing for Project 852 (Post Add/Rustic Hills Dr./Oster Addition - Street Rehabilitation). III,OV. APPROVE Easement Agreement for Project 751R (Dodd Road, Cliff to Butwin - Street & Utility Improvements) Z. APPROVE Resolution to Issue and Sell $3,550,000 General Obligation Bonds, Series 2002A AA. APPROVE Resolution to Issue and Sell $1,290,000 General Obligation Improvement Refunding Bonds, Series 2002B BB. APPROVE List of Absentee Election Judges for the September 10, 2002 Primary Election CC. APPROVE Change Order #2 - Community Center Bandshell V. • 6:30 -PUBLIC HEARINGS A. VARIANCE - Ken and Lisa Scheller. A Variance request to exceed the 20 percent building coverage allowed in a residential district by 1.7 percent on Lot 5, Block 1, Lexington Square 3`d Addition, located at 1042 Savannah Road in the NW of Section 23. B. VARIANCE - William and Jenifer Orr. A Variance request to exceed the existing ten foot accessory structure wall height by seven feet on Lot 7, Block 1, Great Oaks, located at 3537 Great Oaks Place in the NE '/4 of Section 14. VI. OLD BUSINESS pi 9 A. FINAL SUBDIVISION & FINAL PLANNED DEVELOPMENT, Olson Burger Addition. B. CONTRACT 02-17, Consideration of Contract Award (Streetscaping Improvements) ~f C. REZONING AND PRELIMINARY SUBDIVISION - Mark Gergen. A rezoning of 111~~ approximately five acres from Agriculture (A) to Planned Development (PD) and a Preliminary Subdivision (Greyhawk 1" Addition) consisting of 15 lots and three outlots located in the SE '/4 of Section 20. VII. NEW BUSINESS (AAA. PRELIMINARY SUBDIVISION - William Heine and John and Laura Burbach. A Preliminary Subdivision (Heine 2nd Addition) to move a lot line between two existing developed lots, legally described as Lots 1 and 2, Block 1, Heine 1" Addition, located at 1480 Diffley Road I the NE 1/4 of Section 28. . p,y3B. PRELIMINARY SUBDIVISION - Randy and Lori Wendolek. A Preliminary Subdivision (Wendolek Woods) of approximately 1.06 acre, legally described as Lot 2, Block 1, Oak Pond Hills to create two single family lots, located at 4565 Oak Pond Road in the SE '/4 of Section 26. C. REZONING AND PRELIMINARY SUBDIVISION - McDonald Construction. A Rezoning of 2.73 acres from R-2 (Residential Double) to R-1 (Residential Single Family) and a Preliminary Subdivision (Waters Edge) of approximately five acres to create eight lots for single family dwellings and one Outlot, located at 1470 Englert Road in the SE '/4 of Section 16. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads X. ADJOURNMENT XI. ECONOMIC DEVELOPMENT AUTHORITY XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 16, 2002 SUBJECT: AGENDA INFORMATION FOR AUGUST 20, 2002 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the August 20, 2002 City Council agenda, the following items are in order for consideration. Agenda Information Memo August 20, 2002 Eagan City Council Meeting A. MINNESOTA RECREATION AND PARK ASSOCIATION 2002 AWARD OF EXCELLENCE FOR GRANDFATHER TREE PROJECT ACTION TO BE CONSIDERED: Accept MRPA 2000 Award of Excellence for the City's role in the Grandfather Tree project. FACTS: • A representative from the Minnesota Recreation and Park Association (MRPA) will be at the Council meeting to present to the City the MRPA Award of Excellence for the Grandfather Tree Project. • MRPA recognizes Park and Recreation agencies throughout the State for innovative recreation and parks projects that set new standards of program excellence. Eagan Parks and Recreation has received four such awards previously from MRPA ATTACHMENTS: 0 None g;2 Agenda Information Memo August 20, 2002 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the August 6, 2002 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the August 6, 2002 regular City Council meeting are enclosed on pages through. 3 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 6, 2002 A regular meeting of the Eagan City Council was held on Tuesday, August 6, 2002 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Carlson, Fields and Tilley. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Engineer Russ Matthys, City Attorney Bob Bauer and Administrative Secretary/Deputy Clerk Mira McGarvey. AGENDA Mayor Awada noted that Item B under Old Business regarding the Joint Airport Zoning Board has been pulled from the Agenda. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye:5 Nay:0 CONSENT AGENDA Councilmember Bakken requested that Item A - Minutes, be pulled for discussion. City Administrator Hedges requested that Item F regarding a premises permit be continued for further clarification; Item J regarding a change order for Central Park Pavilion be pulled from the agenda; and Item O regarding Contract 02-17 be pulled for discussion. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the July 16, 2002 regular City council meeting, the July 16, 2002 special City Council meeting and the July 26, 2002 special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Brandon Widstrom as a seasonal park maintenance worker. 2. It was recommended to accept the letter of resignation from Cynthia Kirchoff; Planner. C. Check Registers. It was recommended to ratify the check registers dated July 18, 2002 and July 25, 2002 as presented. D. Kennel License. It was recommended to approve a kennel license for Margaret MacRae, 4940 Dodd Road. E. Massage Therapy Establishment License. It was recommended to approve a 2002-2003 new Massage therapy Establishment License for Cloud Nine Spa and Salon, 1284 Town Centre Drive. F. Premises Permit. - Pulled for discussion. G. Penalty Determination - Liquor License. it was recommended to approve a resolution accepting the Administrative Hearing Officer's report and to approve the civil penalty of $250 for Davanni's Pizza. H. Election Judges. It was recommended to approve the list of Election Judges for the September 10, 2002 Primary Election. I. Ordinance Amendment, It was recommended to approve an Ordinance Amendment to City Code Chapter Two entitled "Administration and General Government" by adding Section 2.39 regarding criminal background investigations. J. Change Order . It was recommended to approve Change Order #2, Eagan Well House #20/Park Pavilion. K. Grant Agreement. It was recommended to adopt a Resolution authorizing the execution of a Grant Agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled Safe and Sober Communities. L. Special City Council Meeting. It was recommended to approve a special City Council meeting on August 27, 2002 to consider Preliminary 2003 Budget. M. Extension for Recording Conditional Use Permit. It was recommended to approve a 60-day extension of time to record a Conditional Use Permit for Wal-Mart for property located at 1360 Town Centre Drive in the NW of Section 15. Eagan City Council Meeting Minutes August 6, 2002 Page 2 N. Findings of Fact. It was recommended to adopt Findings of Fact, Conclusions, and Resolution of Denial (Cornerstone Construction). 0. Contract 02-17. Pulled from Agenda P. 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 September 3, 2002. Q. Agreement - LMC. It was recommended to approve an agreement with the League of Minnesota Cities to prepare a guide plan to aid the City in completing requirements of the National Pollutant Discharge Elimination System - Phase II permit and authorize the Mayor and City Clerk to execute all related documents. R. Project 764R. It was recommended to authorize the preparation of an update to the Feasibility Report by Bonestroo, Rosene, Anderlik and Associates for Project 764R (Sehnark/HarveyBurrview Acres - Street Improvements). S. Project 859. It was recommended to authorize the preparation of a Feasibility Report by SRF Consulting Group, Inc. for Project 859 (Highway 55 / Blue Gentian Road - Intersection Improvements). T. Project 860. It was recommended to authorize the preparation of a Feasibility Report by SRF Consulting Group, Inc. for Project 860 (Highway 55 / Blue Water Road - Intersection Improvements. U. Project 875. It was recommended to authorize the preparation of a Feasibility Report for Project 875 (Lexington Place and Lexington Place South Additions - Street Improvements) by the City Engineer. V. Project 876. It was recommended to authorize the preparation of a Feasibility Report for Project 876 (Drexel Heights Addition - Street Improvements) by the City Engineer. W. Project 877. It was recommended to authorize the preparation of a Feasibility Report for Project 877 (Lexington Avenue - Highway 55 to Lone Oak Road - Street Improvements by the City Engineer. X. Contract 01-09A. It was recommended to approve Change Order No. I to Contract 01-09A (City- wide Life Station Upgrades - Storm Mitigation Improvements) and authorize the Mayor and City Clerk to execute al related documents. Y. Contract 01-12. It was recommended to approve Change Order Nos. 2 and 3 to Contract 01-12 (July 2000 Storm Mitigation Improvements) and authorize the Mayor and City Clerk to execute all related documents. Z. Contract 01-15A. It was recommended to approve Change Order No. 1 to Contract 02-15A (Community Center Storm Sewer Improvements) and authorize the Mayor and City Clerk to execute all related documents. AA. 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 September 3, 2002. BB. BCBSM Final AUAR and Mitigation Plan. It was recommended to approve the distribution of the BCBSM Final AUAR and Mitigation Plan. CC. Contract 01-07. It was recommended to approve Change Order No. 3 to Contract 01-07 (Lexington Avenue - Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. DD. Extend Comprehensive Plan Review Period. It was recommended to approve an Extension of the Metropolitan Council's review period for Special Area #7 to September 25, 2002. $E. Zoning MaR Update. It was recommended to waive the notice requirement for the City's Zoning Map Update. A. Minutes. Councilmember Bakken stated he wished to abstain from voting on the minutes due to his absence from the meetings. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the minutes of the July 16, 2002 regular City Council meeting, the minutes of the July 16, 2002 special City Council meeting, and the minutes of the June 26, 2002 special City Council meeting as presented. Aye: 4 Nay: 0 Bakken abstained. F. Premises Permit - Metro Baseball League. City Administrator Hedges explained that the application for a Premises Permit for the Metro Baseball League is in need of further clarification. He suggested the item be continued. V Eagan City Council Meeting Minutes August 6, 2002 Page 3 Councilmember Bakken moved, Councilmember Tilley seconded a motion to continue consideration of a premises permit for Metro Baseball League until August 20, 2002. Aye: 5 Nay: 0 J. Change Order # 2 - Central Park Pavilion. Staff requested this item be removed from the agenda. Mayor Awada moved, Councilmember Carlson seconded a motion to remove Change Order #2 - Central Park Pavilion from the agenda with no action taken. Aye: 5 Nay: 0 0. Receive Bids and Award Contract for Contract 01-17, Streetscaping (Central Parkway and Cedar Grove). Public Works Director Colbert explained request for continuance of this item Councilmember Carlson moved, Councilmember Bakken seconded a motion to continue action regarding Contract 01-17. Aye: 5 Nay: 0 PUBLIC HEARINGS OLD SIBLEY MEMORIAL HIGHWAY (EAGAN HEIGHTS TOWNHOMES 3'D ADDITION) RIGHT-OF-WAY VACATION City Administrator Hedges introduced this item regarding a request for right of way vacation to allow the incorporation of potentially excess right-of-way area into the Eagan Heights Townhomes 3`d Addition subdivision plat. Public Works Director Colbert gave a staff report. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue any action of the vacation of a portion of public right-of-way of Old Sibley Memorial Highway, until consideration for the Final Plat and Subdivision for the Eagan Heights Townhomes Yd Addition. Aye: 5 Nay: 0 DENMARK AVENUE (OLSON-BURGER ADDITION) RIGHT-OF-WAY VACATION City Administrator Hedges introduced this item regarding a right-of-way vacation request to allow the incorporation of potentially excess right-of-way area onto the Olson-Burger subdivision plat. Public Works Director Colbert gave a staff report. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue any action of the vacation of a portion of public right-of-way of Denmark Avenue, until consideration of the Final Plat and Subdivision for the Olson-Burger Addition. Aye: 5 Nay: 0 WAIVER OF SUBDIVISION - GLENN HARTZELL City Administrator Hedges introduced this item regarding a waiver of subdivision for a duplex lot split and a variance request to allow a waiver to proceed without installation of separate sewer and water services for property located at 1327 and 1329 Easter Lane. Senior Planner Ridley gave a staff report, noting that staff is not in favor of the lot split without separate utilities. Mayor Awada opened the public hearing. Mr. Hartzell discussed his request. There being no public comment, she closed the public hearing and tamed discussion back to the Council. Council agreed that the lack of individual utility service lines could cause issues to arise regarding metering, billing and maintenance. 60, Eagan City Council Meeting Minutes August 6, 2002 Page 4 Councilmember Carlson moved, Councilmember Tilley seconded a motion to direct the City Attorney to prepare Findings of Fact for Denial for a Waiver of Subdivision for a duplex lot split to allow for individual ownership of the two units, with a Variance to allow the Waiver to occur while retaining a single sewer and water connection for the twin home on property platted as Lot 8, Block 5, Wilderness Run Fifth Addition, located at 1327 and 1329 Easter Lane in the NW of Section 27. Aye: 5 Nay: 0 VARIANCES - CITY OF EAGAN, PROJECT 771 (LEXINGTON AVENUE BETWEEN LONE OAK ROAD AND DUCKWOOD DRIVE) City Administrator Hedges introduced this item regarding a sign setback variance for all of the properties affected by Project 771. Senior Planner Ridley gave a staff report. It was noted that the variances are prompted by the acquisition of additional private property for right-of-way as a result of a public improvement project. Councilmember Bakken stated that this public improvement created the hardship requirement for consideration of these variances. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve sign setback Variances of 10 feet for the following properties along Lexington Avenue between Lone Oak Road and Duckwood Drive. Aye: 5 Nay: 0 3165 Lexington Avenue (USPS Bulk Mail Center) 3345 Lexington Avenue (Studio 3345) Eagan Promenade 2nd (Promenade Oaks Townhomes) 1101 Town Centre Drive (Children's World) 1110 Town Centre Drive (Waterford Apartments) Stuarts 151 Addition (Avalon Town Centre Apartments) Stuarts 2"d Addition (Avalon Town Center Apartments) VARIANCES - CITY OF EAGAN, PROJECT 800R (CEDAR GROVE AREA) City Administrator Hedges introduced this item regarding building and parking setback Variances for several properties near the intersection of Silver Bell Road and Highway 13. Senior Planner Ridley gave a staff report. It was noted that the Variances are necessary to accommodate reduced setbacks on developed lots resulting from the public's acquisition of additional right-of-way for public improvement. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve building and parking setback variances for the following properties near the intersection of Silver Bell Road and Highway 13. Aye: 5 Nay: 0 2015 Silver Bell Road 0-20 foot parking setback variance 1995 Silver Bell Road 7-19 foot parking setback variance 3800 Ballantrae Road 0-8 foot building setback variance PID 10-01900-060-04 20 foot parking setback variance VARIANCE AND CONDITIONAL USE PERMIT - WAJCO, INC. City Administrator Hedges introduced this item regarding a Conditional Use Permit request to operate a car wash in conjunction with an automobile service station and Variances to allow existing nonconforming parking and signage setbacks on property located at 4205 Nicols Road. Senior Planner Ridley gave a staff report. The applicant, discussed the requested variances. Eagan City Council Meeting Minutes August 6, 2002 Page 5 Council and staff agreed that the CUP and variances should be considered at the same time as final plat. The applicant agreed to waive the 60 day agency action requirement. Mayor Awada moved, Councilmember Bakken seconded a motion to continue action regarding a Conditional Use Permit and Variances for Wajco, Inc. to the September 17, 2002 Council meeting. Aye: 5 Nay: 0 VARIANCE AND CONDITIONAL USE PERMIT - EAGAN TIRE AND AUTO SERVICE City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit for an automobile service station, along with a variance from the required setback from Diffley Road and a 10 foot Variance from the maximum 20 foot height limitation to construct a two story building to be located at 4180 and 4190 Blackhawk Road. Senior Planner Ridley gave a staff report. Chuck Hall, developing consultant for the applicant, discussed the need for the setback variances. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Mayor Awada and Councilmembers stated that normally they would not be in favor of the variances, however the business is being forced to relocate from the Cedarvale area and therefore it is appropriate to support the variances. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow an automobile service station, a 37 foot Variance from the required 50 foot setback from Diffley Road and a 10 foot Variance from the maximum 20 foot height limitation for properties zoned NB (Neighborhood Business) to construct a two story, 9,708 square foot building on property located at 4180 and 4190 Blackhawk Road (Lots 6 and 7, Block 1, Blackhawk Plaza) in Section 20, subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 60 days of approval. 2. The applicant shall execute and record a Lot Combination Agreement to allow Dakota County to assign one tax parcel identification number to Lots 6 and 7, Block 1, Blackhawk Plaza. 3. Automobile or truck rental is prohibited on the site. 4. Outdoor storage of tires or other automobile parts is prohibited. 5. Wall and pole mounted light fixtures shall be cut-off and shielded to control glare. 6. All wall and freestanding signage shall comply with the City Code. 7. An additional building material and/or windows shall be incorporated on the north elevation of the building. 8. A state-registered landscape architect or state-certified nurseryperson shall prepare the landscape plan. 9. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees to be preserved on-site. 10. The applicant shall contact the City Forestry Division and set up a preconstruction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 11. The development shall be subject to a cash dedication in lieu of water quality ponding. 12. The development shall be subject to cash park and trail dedication. OLD BUSINESS CONSIDER MAC PROPOSAL REGARDING JOINT AIRPORT ZONING BOARD INDEMNIFICATION City Administrator Hedges briefly discussed this item regarding a proposal from the Metropolitan Airports Commission regarding indemnification of MSP Joint Airport Zoning Board representatives. He suggested that the Eagan City Council Meeting Minutes August 6, 2002 Page 6 item be continued until such time indemnification issues have been satisfactorily address by the Metropolitan Airports Commission. Councilmember Bakken moved, Councilmember Tilley seconded a motion to continue consideration of the proposal from the Metropolitan Airports Commission staff regarding indemnification of MSP Joint Airport Zoning Board representatives. Aye: 5 Nay: 0 CONSIDER AIRPORT RELATIONS COMMISSION RECOMMENDATIONS ON JOINT AIRPORT ZONING BOARD Pulled from Agenda. STORM MITIGATION IMPROVEMENTS PROJECTS 841, 842, 843, AND 844 City Administrator Hedges introduced this item regarding remaining July 2000 storm mitigation improvement projects. Public Works Director Colbert gave a staff report on Project 841. Dan Lockman was present for Project 841 (Lexington Square Addition) and discussed flooding at his home during the 1987, 1990 and 2000 storms. He requested that the Council approve Project 841. This item was temporarily continued until later in the meeting to allow staff time to gather some additional information. Director Colbert discussed Project 842 (Beacon Hill Road South -Storm Mitigation Improvements) and the lack of necessary easements to proceed with the project. One resident spoke, discussing damage that occurred to her home during the July 2000 storm. She questioned if there were other options in lieu of the easements that would need to be obtained. Director Colbert stated there were other alternatives but the cost would be twice that of the original plan. Mayor Awada and Council agreed to allow the previous approval of Project 842 to stand and suggested that the homeowner try to work with neighboring property owners in an effort to obtain the necessary easements. Public Works Director Colbert discussed Project 843 (Beecher Drive), storm mitigation improvements. He reported that through the improvements made to date within the MnDOT Park & Ride lot combined with the homeowner's modifications to the affected property that no further improvements would be necessary. Mr. Gregg Judge of 1805 Beecher Drive stated that he was satisfied with the improvements and efforts made by the City in addressing the flooding problems. He inquired as to when the high efficiency outlet would be installed in the pond and Mr. Colbert responded that it would be completed yet this year. Any further improvements to the wetland area for water quality concerns would have to be discussed with the City's Water Resource Coordinator. Councilmember Fields moved, Mayor Awada seconded a motion to cancel Project 843. Aye: 5 Nay: 0 Public Works Director Colbert discussed Project 844 (Forssa Way (Pond AP-47) - Storm Mitigation Improvements. Rich Brasch of Bonestroo Rosene Anderlik and Associates and City Engineer Russ Matthys were also present to answer questions. Three residents of Forssa Way discussed damage that occurred to their homes during the July 2000 storm. Mayor Awada and Council discussed the alternatives and agreed that alternative #1, Storm Water Retention in Ridgecliff Park, would be the most appropriate. Mayor Awada moved, Councilmember Carlson seconded a motion to approve Project 844 (Forssa Way (Pond AP-47) Storm Mitigation Improvements and authorize the preparation of detailed final plans and specifications for Alternative #1. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes August 6, 2002 Page 7 Mayor Awada and Council continued discussion of Project 841. The previous again spoke and asked if the area could be reassessed for other possible smaller less costly options. Public Works Director Colbert stated that the issue could be reevaluated. No action was taken on Project 841 to allow staff the opportunity to reevaluate other options. NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT - M&H PROPERTIES City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a pylon sign on property located at 4590 Scott Trail. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a Planned Development Amendment to allow a pylon sign on property located at 4590 Scott Trail in the SE of Section 30, subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. Recording of the Agreement must be completed prior to issuance of a sign permit. 2. A sign permit must be obtained prior to installation of the sign. 3. A certified survey shall be provided that verifies the location of the proposed site, its setbacks, and distances to the next nearest pylon signs on the north side of Cliff Road. the sign shall be no closer than 235 feet to the auto mall sign to the west, and no closer than 300 feet to the Blockbuster sign to the east. The survey must be submitted before the Planned Development Amendment Agreement is released for recording. 4. The applicant shall submit a sign easement agreement for review and approval by the City Attorney prior to recording the Planned Development Amendment Agreement. 5. The pylon sign shall be consistent in design with other pylon signs in this area north of Cliff Road such that the sign is supported by two brick columns and the sign message areas are internally lit. The brick shall be similar to the brick used on the office building. 6. The applicant shall create a landscape bed around the base of the sign. A landscape plan shall be submitted for staff review and approval prior to issuance of the sign permit. 7. The pylon sign shall be set back at least 10 feet from all property lines, and shall not exceed 27 feet in height. 8. The sign message area shall not exceed 125 square feet on each side. ORDINANCE AMENDMENT - CITY OF EAGAN City Administrator Hedges discussed this item regarding an ordinance amendment to Chapter 11 which relates to on-sale liquor. Councilmember Carlson moved, Mayor Awada seconded a motion to approve an Ordinance Amendment to Chapter 11, Section 11.20, Subd. 19(C) by adding "on-sale liquor" as a conditional use in the Business•Park (BP) Zoning district. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA City Administrator Hedges discussed an application for a Shows License for a wrestling show to serve as a fundraiser at The Valley Lounge on August 10, 2002. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Shows License for The Valley Lounge for August 10, 2002. Aye: 5 Nay: 0 Mayor Awada noted that official action to rename Red Pine to Carrol Street needed to be taken at the next City Council meeting. /O Eagan City Council Meeting Minutes August 6, 2002 Page 8 ADJOURNMENT The meeting adjourned at 9:05 p.m. VISITORS TO BE HEARD Bud Lutz, 2960 Egan Avenue, discussed a letter that he previously mailed to the City Council regarding his proposal of an assessment fund for existing homes and streets. Date Deputy City Clerk If you need these minutes in an alternative form such as large 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 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, sexual orientation, marital status or status with regard to public assistance. Agenda Information Memo August 20, 2002 Eagan City Council Meeting B. PERSONNEL ITEMS There are no items under Personnel Items at this time. /P2 Agenda Information Memo August 20, 2002 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated August 8, 2002 and August 15, 2002 as presented. ATTACHMENTS: • Check registers dated August 8, 2002 and August 15, 2002 are enclosed without page number. 13 Agenda Memo August 20, 2002 CONSENT AGENDA D. PROCLAIM SEPTEMBER AS NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH ACTION TO BE CONSIDERED : Proclaim September as National Alcohol and Drug Addiction Recovery Month FACTS: • A request was received from the Department of Health and Human Services to proclaim September as National Alcohol and Drug Addiction Recovery Month • National Alcohol and Drug Addiction Recovery Month is in its 13th year of observance • This year's Recovery Month theme is "Join the Voices of Recovery: A Call to Action" which underscores the role each of us has to play in the recovery process and emphasizes the united front that must be presented to encourage individuals with alcohol and drug problems to seek help and to remain sober. ATTACHMENT: • The Proclamation is attached as page number. CITY OF EAGAN PROCLAMATION NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH WHEREAS, substance use and abuse is a major public health problem that affects millions of Americans of all ages, races, and ethnic backgrounds and in all communities and which has a huge medical, societal, and economic cost; and WHEREAS, substance abuse is a treatable disease and treatment of addiction is as successful as the treatment of other chronic diseases such as diabetes, hypertension, and asthma; and WHEREAS, thousands of health care providers have dedicated their lives to the recovery process and to the education of the public about alcoholism, drug dependence, and treatment issues. WHEREAS, the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration's Center for Substance Abuse Treatment; the Office of National Drug Control Policy; and the City of Eagan invite all residents of the City of Eagan to participate in National Alcohol and Drug Addiction Recovery Month. BE IT FURTHER RESOLVED that the Mayor and City Council do hereby proclaim September, 2002 as National Alcohol and Drug Addiction Recovery Month. CITY OF EAGAN By: Its Mayor Attest: Its City Clerk Motion made by: Seconded by: Those in favor: Those against: Date: CERTIFICATION I, Maria Karels, City 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 20`s day of August, 2002. Maria Karels, City Clerk Agenda Memo August 20, 2001 CONSENT AGENDA E. APPROVE 2002 PREMISES PERMIT APPLICATION FACTS • This item was continued at the August 6, 2002 City Council meeting requesting that the applicant provide additional information as to how proceeds from pull tabs will benefit Eagan residences and/or Eagan businesses. Kirk Detlefsen, President of the Metro Baseball League and the applicant for the premises permit has responded with a letter explaining how his organization serves the community. • There have been no other applications received to date for a premise permit for Joe Sensor's Sport Chill ATTACHMENTS • Enclosed on pages through ~ is a copy of the correspondence from Mr. Detlefsen, President of the Metro Baseball League. • Enclosed on pages _M through _2Q is a copy of City Code language relative to the premise permit process. • Enclosed on pages 12 / through aly- is a copy of the application as presented by the Metro Baseball League. • Enclosed on pages 4Wotigh is a memorandum from Detective Doug Matteson. /6 i TWI ,11 A PS E - 1 - A, I - - - - - L E A 6 U E August 15, 2002 Mr. Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges, I am pleased to provide this additional information about Metro Baseball League, regarding how we operate and serve the Eagan community, in conjunction with our charitable gambling premises permit application submitted to Eagan. The Metro Baseball League was originally incorporated as the South Metro Area Baseball League in 1991. Youth baseball leaders from Eagan, Burnsville, Lakeville, Bloomington and several other local communities joined together and incorporated as a non-profit corporation to create an organization to facilitate and organize a youth baseball league and post season play for the baseball teams from the member communities. The organization has evolved over the years to involve more communities, but more importantly, provide more services to the athletic organizations, players and coaches we serve. Some of the programs and services offered to Eagan include: 1. Provide and organize Summer League for all Eagan Travel Baseball teams ages 10 - 15. Schedule all games Organize and provide materials to coaches Schedule and provide umpires for ages 13-15 Provide on-line score reporting Daily updating of league standings Provide league awards for all games 2. Provide playoff tournament opportunities for all Eagan league teams including scheduling, umpires and awards. 3. Organize the August Classic event - a post-season opportunity for players from Eagan to participate in a weeklong All-Star series of games. 4. Organize Fall League, which includes individual players from both 'Traveling", and In- House" and play a 12 game, 6-week season. Many players for this league reside in Eagan and many games are played on Eagan fields. 5. Schedule Coaches Clinics for all member coaches by providing recognized speakers and clinicians to provide ongoing training. 6. Board Member Training: Metro Baseball League conducts annual training workshops for the volunteer leaders of the Eagan Athletic Association and other baseball associations. 7. Organize State Tournaments for baseball teams of all age and skill levels for teams from throughout Minnesota. Almost all Eagan travel teams participate in these tournaments. These tournaments are typically hosted at member association fields. For the year 2002, Eagan hosted more MBL tournaments than any other member community, raising many dollars for Eagan's Baseball Programs and benefiting many of the Eagan businesses by having well in excess of 1000 baseball families spend their weekend in Eagan 8. Umpire training and employment for Eagan high school and college age residents. This is an excellent paying summer job for students. 9. Player Clinics are offered during the non-playing months for all interested Eagan youth. Future clinics will include a "Good Sport"workshop to educate coaches and the parents on positive behavior. Our goal is to eliminate the ugly stories of bad sportsmanship and violence that has been reported and associated with youth sports in the past. Youth Baseball in Minnesota is unique. I am not aware of any other state where the youth baseball programs K-12, are conducted 100% by volunteer organizations (EAA, BAC, VAA etc.), providing equal opportunity to every single individual. Metro Baseball League is committed to preserving this system and keeping it cost affordable for every youth that wants to participate. Metro Baseball League serves as the vehicle or the conduit that allows the EAA and other similar community organizations to operate their traveling baseball programs. Since the inception of Metro Baseball League, Eagan has been one of the biggest participants and a major benefactor of the programs we conduct. Monies raised from charitable gambling will be used to enhance the services to Eagan Athletic Association and other member communities and to subsidize league costs and reduce fees for all Eagan players and other participating families. Eagan has been instrumental in proving leadership for our organization in the past, and that continues today. Currently, the past Travel Director of Eagan Baseball, Bob Nicklay, is on our Board of Directors and serves as Board Secretary. Everything in this letter has referred to "Eagan" and the Eagan Athletic Association. It is important to note that in addition to serving Eagan, we serve all of the neighboring communities as well. As youth sports organizations typically follow high school boundaries, there are many Eagan residents participating in the Eastview, Burnsville, Rosemount, Mendota Heights and West St. Paul baseball programs. Mr. Hedges, I trust this information gives you a better insight to the functions of Metro Baseball League and the opportunity we provide to the youth Eagan Your city's acceptance of our offer to conduct charitable gambling at Joe Senser's Sport Grill, will help to ensure the continuation of providing youth the opportunity to participate in an affordable, family oriented, well organized, non-school time activity which teaches skill development, good sportsmanship and team spirit. Thank you for your time and consideration. Please don't hesitate to call with any further questions or concerns, Sincerely, 4- Kirk Detlefsen Metro Basebal League, President 952-890-2800 § 6.34 EAGAN CODE licensed premises within a 24-month period; and $250.00 for a third or subse- quent offense at the same location within a 24-month period. In addition, after the third offense, the license shall be suspended for not less than seven days. 2. Other individuals. Individuals, other than minors regulated by subparagraph herein, found to be in violation of this section shall be charged an administrative fee of $50.00. 3. Minors. Minors found in unlawful possession of, or who unlawfully purchase or attempt to purchase, tobacco, tobacco products or tobacco related devices shall be handled in the same manner as nay other juvenile or minor charged with a violation of the law. 4. Suspension upon failure to pay administrative penalty. Any administrative fine imposed hereunder shall be paid by the licensee within 30 days of the date of notice. The licensee's failure to pay the administrative fine within 30 days of the date of notice shall be grounds for suspension of the license and the license shall remain suspended until the administrative fine is paid in full, plus any surcharge or interest imposed for late payment. Subd. 20. Exceptions and defenses. A. Religious, spiritual or cultural ceremony. Nothing in this section shall prevent the providing of tobacco, tobacco products or tobacco related devices to a minor as part of a lawfully recognized religious, spiritual or cultural ceremony with the consent of the minor's parent or legal guardian. B. Reliance of proof of age. It shall be an affirmative defense to the violation of this section for a person to have reasonably relied on proof of age as described by state law. (Code 1983, § 6.34, eff. 1-1-83; Ord. No. 134, 2nd series, eff. 2-28-92; Ord. No. 266, 2nd series, eff. 11-12-98; Ord. No. 314, 2nd series, § 1, eff. 6-28-01) State law reference-Municipal cigarette license, Minn. Stat. § 461.12 et seq. Sec. 6.35. Gambling. Subd. 1. Purpose. To ensure that charitable gambling in the city is conducted by nonprofit organizations and that the proceeds from such gambling are used primarily for the betterment of the residents and businesses of the community. These restrictions shall be no less restrictive than Minnesota Statutes or regulations and shall apply only to pull-tabs. Subd. 2. Approval required. It is unlawful for any nonprofit organization to operate or sell pull-tabs in the city without approval from the council. Subd. 3. Applications. A. Applications for pull-tab approval shall be considered and approved by the council at regular meetings. B. Only applications submitted by eligible organizations will be considered for approval by the council. Supp. No. 8 CD6:14.4 I OTHER BUSINESS REGULATION AND LICENSING § 6.36 C. An applicant nonprofit organization shall provide adequate proof that it has at least 15 active members and that at least 15 of its members are either employed or live within the city or that it is a nationally known charitable organization as determined by the city. Subd. 4. Regulations and restrictions. A. In addition to regulations imposed by the state, all information and reports required to be submitted to the state shall also be submitted to the city, both with the application and on an annual basis. B. Pull-tabs may be sold only in on-sale liquor licensed establishments in the city, which are either owned or leased by the eligible organization. C. Eligible organizations may, however, be granted a temporary license for the operation of pull-tabs in premises other than on-sale liquor licensed establishments for no more than four consecutive days. (Code 1983, § 6.35, eff. 1-1-83; Ord. No. 50, 2nd series, eff. 6-26-87) Sec. 6.36. Solicitors. Subd. 1. Purpose. This section is not intended to in any way hinder, delay or interfere with legitimate business or organizational activities. The council finds, however, that solicitors have used public streets and their direct contact with residents of the city for the illegitimate solicitation practices of harassment, nuisance, theft, deceit, or menacing, troublesome or unlawful activities. This section is intended to prevent and protect against the existence of illicit, unlawful or fraudulent solicitation in the city. To protect the public's health, safety and welfare, the city deems it necessary to regulate door-to-door or street solicitation through a registration process Subd. 2. Scope of application. This section shall apply to solicitors, peddlers and transient merchants. This section shall not apply to the following: A. Newspaper/magazine carriers; B. Merchants delivering goods in the regular course of business; C. Persons who sell products of the farm or garden occupied, grown or cultivated by such person; and D. Outdoor sales on private property, which are governed elsewhere in the City Code. E. Persons who conduct garage sales, rummage sales, estate sales, multipurpose bazaar or flea markets. Supp. No. 8 CD6:14.5 ao .r Page 1 of 3 7/01 Minnesota Lawful Gambling FORBOARDUSEONLY LG214 Premises Permit Application Chsdc# Amount Expiratation date Class of Permit Premises Permit Fee During 2nd year of Check one Two years organization license ❑ Class A - Pull-tabs, tipboards, paddlewheels, raffles, bingo $400 $200 ® Class B - Pull-tabs, tipboards,paddiewheels, raffles $250 $125 ❑ Class C - Bingo only OR bingo and pull-tabs when total gross $200 $100 receipts do not exceed $50,000 per year ❑ Class D - Raffles only $150 $ 75 Organization Information Organization name (as it appears on documentation filed with Organization license number Minnesota Secretary of State or Internal Revenue Service) Mc rRD &55 8A~j_ Lg avLA_c__ Name of chief executive officer (cannot be yourgambling manager) Daytime phone number, including area code Ko k W. L7crt.E►=sC~v CfS-A `7b-A80v Gambling Premises Information Name of establishment where gambling will be conducted Street address (do not use a P.O. box number) SotEStNSERS SfaR7 C-79,IL.L'+ BPrR 3010 LrA6,~NOfrL-r -PL.ACC City & county where gambling premises is located-OR-Township & county where gambling premises is located if outside city limi s L= A 6 g ~ ~ t<oT~ G-r-~ Is the premises located within city limitsNesIV No ❑ If No, is township: [ Organized ❑ Unorganized ❑ Unincorporated Does your organization own the building where the gambling will be conducted?, ❑ Yes ❑ No . If no, attach (1) the appropriate lawful gambling lease form, and (2) the sketch of all leased areas with dimensions and square footage clearly define . A lease and sketch are not required for class D applications. Name of legal owner of premises Address City State/Zip 1675 A rw ot-T-t 0. ~RrH E, DM RER~_ ESTArty PpLDIN6S LING. X NvekGRoJr N rJ IV 5S07 Address(es) of Storage Space of Gambling Equipment List all locations where used and unused gambling product is stored. Do not use a P.O. box number. (Attach an additional sheet if necessary.) Address City State/Zip 280D GL.l-P F ko. G, N vi'-L'a` M 6-53 LG214 - Premises Permit Application Page 2 of 3 7/o, Bingo Occasions for Class A or C Permits If applying for a class A or C permit, enter day and beginninglending hours of bingo occasions (indicate A.M. or P.M.). No more than ten bingo occasions may be conducted per week. An occasion must be at least one and one-half hours, not to exceed four hours. Qpy Beginning/Ending Hours Day Beginning/Ending Hours Day Beginning/Ending Hours to to to to to to to to to to Noon Hour Bingo Only Day Beginning/Ending Hours Pay Beginning/Ending Hours Pay Beginning/Ending Hours to to to to to to to Gambling Bank Account Information Ba k name Bank account number' K/'rl Z'D 577/5_S_ Bank street ad ss City State/Zip code • New organizations: The account number may be obtained and submitted to the Gambling Control Board within ten days after you receive your premises permit. Name, address, and title of members authorized to sign checks from the gambling account. The organization's treasurer may not handle gambling funds. Name Street Address City Zip Code Title Kim G vl L_ 578 k s-r. W. MC 11ALLC--1 53-1,2y C,RM8uNi, R kC )c'DL~TLl r.SrN myy LAYroA) P L VVI1.L E SSDYq C- s/ oE-A, AcknoN•ledgment Oath Gambling site authorization I declare that: I hereby consent that local law enforcement officers, I . I have read this application and all information submitted the board or agents of the board, or the commissioner to the board is true, accurate, and complete; of revenue or public safety or agents of the 2. all other required information has been fully disclosed. commissioners may enter the premises to enforce the I am the chief executive officer of the organization: law. 4. I assume full responsibility for the fair and lawful Bank records information operation of all activities to be conducted; The board is authorized to inspect the bank records of 5. I will familiarize myself with the laws of Minnesota the gambling account whenever necessary to fulfill governing lawful gambling and rules of the board and requirements of current gambling rules and law. agree, if licensed, to abide by those laws and rules. including amendments to them; Organization license authorization 6. any changes in application information will be submitted I hereby authorize the Gambling Control Board to to the board and local'unit of government within ten days modify the class of organization license to be ofthe change: and consistent with the class of premises permit being applied for. 7. 1 understand that failure to provide required information or providing false or misleading information ma\ result a _.e in the denial or revocation of the license. 7-10-OZ Signature of chief executiv officer (Designee may not sign) Date ~ESSSE About Metro Baseball Leanue The Metro Baseball League (MBL) has developed into possibly the largest and most sophisticated youth traveling baseball league in the country. During the 2001 baseball season, 320 teams competed in the 10 to 15 year old age divisions, with almost 4,000 players. This year is showing to be even bigger. Originally founded as the South Metro Area Baseball League in 1992, the MBL is incorporated as a non-profit organization. Growth in the league continued throughout the 90's as communities recognized the high caliber of competition the league offered and the emphasis on detail and quality the MBL will always strive to provide. MBL has an eleven-person Board of Directors, which are elected by the coaches of the member teams at the annual meeting in February. All board members serve as volunteers. Input and direction on running the league is solicited from the travel directors and coaches from each member community. The Board of Directors is committed to providing the highest caliber league at the lowest price possible to participating teams. With the addition of Minnesota Baseball Tournaments (MBT) to organize and administer Minnesota's first ever 11AA and 13 AA USSSA National Tournaments, the USSSA State Tournaments, the MBT State Tournaments and the August Classic, the year 2002 promises to be the best and most exciting year ever for Metro Baseball League. The many Coaches Clinics, Players Clinics, and the Minnesota Baseball Expo, help to keep our members up to date with the latest in products and developing player skills. The MBL web site offers a score reporting system which provides automated score reporting with the instant results, a league scheduling system to simplify the scheduling process, and a league management system to provide updated league information. ~3 O yE a$ cc E co 0 0 3 ac c° w c y o Li W E ° mo CIO Q i 0 i C3 puelg SS91SOH O Cn 5 cn U h- CD U C ~ ~ U a~ Y O a m U. MEMORANDUM EAGAN POLICE DEPARTMENT 9. 3830 Pilot Knob Road ICE Eagan, MN 55122 651-6814700 t 651-6814738 FAX DATE: August 2, 2002 TO: Chief Kent Therkelsen FROM: Detective Doug Matteson SUBJECT: Pull-tab License, Metro Baseball League I have received a premise permit application from Minnesota Lawful Gambling requesting that Metro Baseball League be granted a permit to sell pull-tabs at the Joe Senser's Sports Bar & Grill, located at 3010 Eagandale Place in Eagan. Metro Baseball League is a non-profit organization operating in the Twin Cities' metro area. I did speak with the chief executive officer of the organization, Kirk W. Detlefsen, who operates an insurance agency in Burnsville. Mr. Detlefsen shared with me that Metro Baseball League facilitates training, tournaments and schedules, as well as umpires and coaching for approximately 4,000 youth baseball players ages ten through fifteen in the greater Twin Cities' area. He stated that the funds received from the pull-tab operation will go directly into development and training of youth in baseball skills, and also programs for parents focusing on the rules and sportsmanship of baseball. I did view the Metro Baseball League's website at metrobaseball.org and it is apparent that numerous teams representing youth athletes from Eagan are represented in this league. This league also conducts games and tournaments at multiple baseball facilities in the City of Eagan. Criminal background checks were run on the executive officer, Kirk Detlefsen, and the gambling manager, Kim Euel. I could not locate any criminal records on either individual.. The Metro Baseball League has entered into an agreement with Joe Senser's Sports Bar & Grill to sell pull-tabs in the Senser's facility pending approval of this application. Chief, I see no reason to deny the applicant for the permit for pull-tab operation. I recommend approval of this permit. DM:ss Agenda Memo August 20, 2002 CONSENT AGENDA F. APPROVE 2002 AMUSEMENT DEVICE LICENSE RENEWAL ACTION TO BE CONSIDERED : Approve 2002 Amusement Device License renewal for Regal Cinemas, 2055 Cliff Road. FACTS: • The application has been reviewed by staff and deemed in order for approval. a6 . Agenda Memo August 20, 2002 CONSENT AGENDA G. APPROVE 2002 TOBACCO LICENSE ACTION TO BE CONSIDERED : Approve 2002 Tobacco License for Comers Liquor Unlimited. FACTS: • The application has been reviewed by staff and deemed in order for approval. ATTACHMENT: • The application is attached without page number. a Agenda Memo August 20, 2002 CONSENT AGENDA H. APPROVE 2002 COMMERCIAL TRASH HAULER LICENSE ACTION TO BE CONSIDERED : Approve 2002 Commercial Trash Hauler License for Aatlas Waste Systems, 4640 B Lyndale Avenue North, Minneapolis. FACTS: • The application has been reviewed by staff and deemed in order for approval. ATTACHMENT: • The application is attached without page number. ~g Agenda Information Memo August 20, 2002 Eagan City Council Meeting CHANGE ORDER #2, EAGAN WELL HOUSE #20 / PARK PAVILLION, CENTRAL PARK SITE ACTION TO BE CONSIDERED: To approve change order number #2 to Ebert Construction in the amount of $ $4,175 FACTS: • During the excavation for the structural columns, poor non-load bearing soils were encountered requiring excavation and removal. A portion of this cost for this work will be the responsibility of C. S. McCrossen who originally prepared the site for construction. ($3,817) • Galvanization of the precast plank hangers within the well house to avoid rusting is required and was not included in the specifications ($358) ATTACHMENTS: None Agenda Information Memo August 20, 2002 Eagan City Council Meeting T .X CHANGE ORDER NUMBER 5, COMMUNITY CENTER ACTION TO BE CONSIDERED: To approve change order number #5 to the Eagan Community Center in the total amount of $ $14,920.00 and correction in the amount of $254.00 to Change order #2 as a result of an account error. FACTS: Change order number 5 is recommended for approval after review by the Architect, Construction Manager and staff. It consists of the following items: 1) Architectural Revisions PCO 1024 This Change upgraded the lockers to provide for a better quality product with a better lock for security and appearance than the lockers originally included in the project. ADD $21,336.00 to Contract #26 - Anderson Ladd - Haldeman PCO 1044 This Change upgraded the stair railing system at Stair A (Main Stairway) to a glass rail system. It also required minor additional reinforcing on the stair stringers to accommodate the attachment of the system to the stairs. DEDUCT $17,513.00 to Contract #18 - Gateway ACG, Inc ADD $ 930.00 to Contract #07 - K-G Inc. PCO 1061 This Change is required to modify an existing frame for door 220 and 220BL to facilitate RFI # 106, changing the overall height of the opening. ADD $786.00 to Contract #16 - Glewwe Doors PCO 1064 This Change is required to include the fabrication of Stair B railing system not previously included in the Metal Fabrication scope of work. ADD $6,250.00 to Contract #07 - K-G Inc. 2) Structural Revisions PCO 1070 This change modified the design of the chiller pad to an 8" pad with reinforcing in lieu of a standard non reinforced pad originally indicated on the drawings. 3o ADD $1,067.00 to Contract #34 - Northern Air Corporation 3) Mechanical and Electrical Revisions PCO 1052 This change is required to upgrade plumbing fixture F-10 to F-11 as directed in RFI #15. ADD $661.00 to Contract #34 - Northern Air Corporation PCO 1062 This Change was required due to the change in the structural steel supporting the Bridge. The structural members created solid areas that required additional sprinkler heads to be installed. ADD $1,403.00 to Contract #35 - Summit Fire Protection TOTAL these chances $14,920.00 To be funded from "Contingency and does not increase the Total Construction Budget Correction to Change order #2 in the amount of $254 due to an accounting error. This addition is to contract number ATTACHMENTS: None 3/ Agenda Information Memo August 20, 2002, Eagan City Council K. CONFIRMATION OF FINDINGS OF FACT, CONCLUSIONS & RESOLUTION OF DENIAL (VARIAHCE AND WAIVER OF SUBDIVISION)- GLENN HARTZELL ACTION TO BE CONSIDERED: To confirm the Findings of Fact, Conclusions & Resolution of Denial of the Waiver of Subdivision and Variance request of Glenn Hartzell for a duplex lot split without providing separate water and sewer services for each dwelling unit on property platted as Lot 8, Block 5, Wilderness Run Fifth Addition, located at 1327 and 1329 Easter Lane in the NW '/o of Section 27. FACTS: • At its regular meeting on August 6, 2002, the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the Waiver of Subdivision and Variance request of Glenn Hartzell to be considered at the August 20, 2002 Council meeting. ATTACHMENTS (1): Findings of Fact, Conclusions and Resolution of Denial, pages through . 3~ THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Glenn Hartzell FINDINGS OF FACT, for a Waiver of Subdivision CONCLUSIONS AND and Variance for Lot 8, Block 5, RESOLUTION Wilderness Run Fifth Addition This matter came before the Eagan City Council at its meeting of August 6, 2002. The Council received and considered the July 29, 2002, Planning Report; input from City staff and the public, together with all existing files, records and prior proceedings and material as presented to the Council. Based upon all the files, records and input that was presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. The application by Glenn Hartzell (the "Applicant") for a Waiver of Subdivision and Variance is properly brought before the Eagan City Council. 2. The applicant is the owner of Lot 8, Block 5, Wilderness Run Fifth Addition (the "Property") located within the City. 3. The Property is improved with a duplex building which was constructed in 1976. 4. Sanitary sewer and water services are available to serve the Property. 5. The duplex building has one service connection serving both units. 6. The Applicant is requesting a Waiver of Subdivision to split the Property into individual ownership of the two units. The Applicant's request includes a Variance to allow for the Waiver of Subdivision to proceed without installation of separate utility services to the units. 33 CONCLUSIONS 1. The matter is properly brought before the Eagan City Council. 2. A public hearing was held on the applications. 3. City Code Section 13.02, Subd. 2, authorizes the City Council to waive compliance with the subdivision regulations where failure to comply does not interfere with the purpose of the subdivision regulations. 4. City Code Section 11.40, Subd. 3(C) states that the Council may grant a variance and impose conditions and safeguards only if (1) the Council shall determine that special conditions apply to the structures and the land in question are peculiar to such property; (2) the granting of the proposed variance will not be contrary to the intent of Chapter 11; and (3) the granting of such variance will not merely serve as convenience to the Applicant, but is necessary to alleviate demonstrable hardship or difficulty. 5. The purpose for having individual sewer and water connections to each unit within a duplex is to eliminate billing and maintenance issues that arise with one service to separately owned units. The City is unable to accurately distinguish and measure the water and sewer usage of the two separate units using one set of water and sewer pipes. 6. The City staff informs the Council that they are unaware of any situation within the City where two separate residential properties share the same utility service lines. 7. Sanitary sewer and water main of sufficient size, depth and capacity are available to provide a separate set of connections to accommodate the duplex lot split. 8. The Applicant has failed to provide any demonstrable evidence to suggest that compliance with the City Code would result in demonstrable hardship or difficulty. 9. The Applicant has failed to provide the City Council with any evidence that special conditions apply to the land or structures in question. 3~ 10. The granting of Applicant's request for a Variance would be contrary to the intent of the City Code. 11. The Property continues to maintain a viable use as a single lot of record. 12. By the greater weight of the records and the information presented, it is hereby determined by the City Council of the City of Eagan that approval of the Applicant's request for a Waiver of Subdivision and a Variance is not warranted. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's request for a Waiver of Subdivision and Variance is hereby denied. Dated at Eagan, Minnesota this day of , 2002. CITY OF EAGAN By: Patricia E. Awada Its: Mayor By: Maria Karels Its: City Clerk 3S Agenda Information Memo August 20, 2002, Eagan City Council L. RECEIVE BIDS AND AWARD CONTRACT FOR CITY WIDE TELEPHONE SYSTEM ACTION TO BE CONSIDERED: To receive bids and award a contract to Matrix for the City wide telephone system. FACTS: • The replacement of the City telephone system has been budgeted in the 2002 Equipment Revolving Fund. • At the regular meeting held June 18, 2002 the City Council authorized solicitation of bids for the new telephone system. • Bids were received from four qualified vendors and have been reviewed and analyzed by the City's consulting firm, Elert & Associates. • Elert & Associates has reviewed the bids and provided a recommendation to approve the contract with the lowest bidder, Matrix. Per the specifications, the analysis was based on a total seven-year cost including original purchase price and seven years of maintenance costs. • The total cost of the system including consulting fees and a small contingency is somewhat higher than the allocation currently set aside in the Equipment Revolving Fund (ERF). That allocation was based on a fairly old cost estimate, which in the technology world can be problematic. Since the telephone system is a high priority, management staff will make the necessary reallocation of funds within the ERF and is committed to proceeding with the installation pending City Council approval of the contract. • The City's telephone replacement committee that has been working with the consultant is recommending that the installation schedule be modified. The original schedule called for installation of the equipment between the primary and general elections. The group has now decided that a December installation would be a better option. The change would have no impact on the vendor or consultant. 36 ATTACHMENTS: • Attached on pages through ~L is a copy of the Telephone System Recommendation prepared by Elert and Associates and reviewed by City staff. 3 CITY OF EAGAN Telephone System Recommendation August 15, 2002 Prepared by: Kris Green Tom Pavek ELERT & ASSOCIATES (651) 430-2772 www.elert.com 3g Cio~ offagan Telephone Recommendation Telephone System Recommendation The purpose of this study is to summarize our evaluation of telecommunications bids for the City of Eagan and to present our initial recommendation. Our evaluation is based on: 1. Our review of the needs analysis we performed in the initial study for the City. 2. Our review of telecommunications bid responses for the City. Our evaluation of vendor proposals was based on 16 separate criteria in 4 categories: CRITERIA WEIGHT I. Cost 30 2. Technology 30 3. Vendor 25 4. Maintenance 25 110 Note: Elert & Associates represents that the information and recommendations contained within this report are prepared for the City of Eagan based on the most current data made available during the specified study period. This report is meant to be only advisory in nature. The City of Eagan management is responsible for all consequences resulting from their decisions in accepting, rejecting, or implementing these recommendations. We recommend the review of purchasing and recommendation criteria and procedures by legal counsel prior to award of the proposal. ~s 1 Elert & Associates Page 2 3 CQt of Eagan Telephone Recommendation City of Eagan Information was collected through interviews and planning sessions with the City's staff and management personnel to determine telecommunications needs. The findings of these planning sessions were utilized as the basis for preparation of the Telephone Request for Bids. Bid specifications were compiled and provided to the following vendors: 1. All Systems Installation 13. Innovative Systems, Inc. 2. Ardent Partners, Inc. 14. Integrated Dispatch 3. Avnet 15. Matrix 4. Avtex 16. Midwave Corporation 5. Comark 17. Mitel 6. Communications World 18. Popp Communications 7. Connectivity Solutions 19. PPS Communications 8. Corporate Technologies 20. Qwest 9. Cross Telecom 21. Sprint 10. Data Accessories 22. Teltronix 11. Eschelon 23. USA Telecom 12. IdeaCom 24. Voice & Data Networks Bids were received from the following vendors: Connectivity Solutions InterTel Axxess Eschelon Mitel SX 2000 and Mitel 3300 for IP sets Matrix NEC 2400IPX Mite] Mitel 3300 99 Elert & Associates Page 3 TV CityofEagan Telephone Recommendation City of Eagan Upfront Cost Vendor Cost Connectivity Solutions $227,942.00 Matrix $249,046.00 Mitel $249,482.00 Eschelon $308,145.00 Includes City Hall, Police, Fire Administration, Cascade Bay, Civic Arena, Maintenance/ North Water, South Water, all telephones, installation, training, battery back-up, and all software. The only alternate that is recommended at this point is the call accounting and this is included in the above cost. Seven-Year Costs Vendor Cost Matrix $372,839.00 Eschelon $381,928.00 Connectivity Solutions $381,345.00 Mitel $385,324.00 Notes: The RFB indicated that the Seven-Year Cost would be used for evaluation purposes. The Seven-Year Cost includes guaranteed maintenance costs. FAElert & Associates Page 4 City organ Telephone Recommendation Point Totals Vendor Points Matrix 1095 Connectivity Solutions 1072 Mitel 1060 Eschelon 1056 Recommendation Elert & Associates recommends that the City of Eagan go forward with contract negotiations with Matrix Communications. This contract is for $249,046.00. It is recommended that the City set aside a 5% contingency of $12,452. Elert & Associates further recommends that the City Continue to develop its data network and implement Quality of Service between the City Hall and the Fire Stations. This will allow the City to place telephones at the Fire Stations that run off the Data Network. Once this process is complete the recomended vendor has several options to include these locations into the voice network. A final decision as to the method of connection should be made when the network is operational. The cost for the fire stations are not included in the above costs. These costs will range from $14,000 to $28,000 depending on the outcome of the data network. FA Elert & Associates Page 5 ty, N Q0 0 0 0 0 f' O O' O O. Q 0 0 0 0 1 0 ~~pp M N ~ . M ~ ~/I c" dQ' ' h h 4n 00 h E. C Vii:: N I Z'1.; - i f p 1 .!Y ` ! O I • MIM_Y O,InlO O-~:< O'er O O.O ,~y y O O O O:'O tV' Ih,~ V'1Sh r!!! MjN M •~1.1 N V1 V1; h'I V'1 I^ I I U , I i I , I j r. I I I I I I j I O h O' Q O LO% O O O O O :CS:i 0 0 0 0 0 Yl :O_I ''O' •04' V') ~;tA v1 f'~• :M.M;~ M.N •Vi' 'h h-V'):v1h IT Nl r(, 4n p ~n p O O '.`\S rO O O O :.CD, • O O O O O C?. v~ . ~1 h •p •S~V:: . • Y1 In C vn '144, M ! N e! M : V7 h N its tl ~ I I W O .'C, O O O p O 0 0 0 O O •'O, 0 0 0 0 0 g_ p .M. V'1 v1 to S In ~ ~ M M M ,N ',An'.. W) W) W~ W) W) t G .fl: O O: h h 1/ O h iY1: M M M N h N1 h V1 t 4r) m 114, • - 3 I C ~ , ~ I I I f ~ { I I I { ~ I I I ~ I C r w a i\•rw ~w..f:I 1 y C N . C W Pr G O i C •1\~r~Y v U O i. rN ,i\ U 00 Iiy f"" ~"ri •xj''yii ' m r. C 7. C 1yw1~ Y ~/.Y O Q.. r.. 7 CCr e0 rj~~Ii ~ t1.,1 Q ~ tl i~:a o'~ C/~ f/~ r.~ (Sa r'"' • ~3r rC.l ~i F' •:M~.•I ~k rA Q r~'r !r ~3 City ofEajzan Telephone Recommendation Notes The following notes correlate directly to the various points indicated on the preceding "Evaluation Criteria" sheet. The costs reflected are based upon the seven-year total operation costs and include those items indicated in the left columns of the attached cash flow pages. COST Full points were awarded to Matrix for being the low cost vendor on upfront costs. Thereafter, one tenth of one point was deducted for every one percent (1%) cost variance from the low cost vendor. TECHNOLOGY Instruments - Full points were awarded to all vendors for providing the required number of line buttons specified in the RFB. Software Features - Full points were awarded to Eschelon for including the OPS Manager for system programming. One point was deducted from Matrix, Mitel, and Connectivity Solutions. Software Maturi ty - All vendors provided their feature networking software to allow users in different buildings the ability to appear as they are in the same location. Full points were awarded to all vendors. Life Cycle - Full points were awarded to Matrix, Mitel, and Connectivity Solutions. Two points were deducted from Eschelon because they did not bid the newest system available. Expansion - Full points were awarded to all vendors. VENDOR Financial Stability - Full points were awarded to all vendors. Industry Experience - Full points were awarded to Matrix for being their existing vendor. Three points were deducted from Connectivity Solutions, Eschelon, and Mitel. Manufacturer Support - Full points were awarded to all vendors. Reputation - Full points were awarded to all vendors. Training - Full points were awarded to Matrix since they do not charge for training while the system is under warranty. Five points were deducted from Connectivity Solutions, Eschelon, and Mitel. q1 Elert & Associates Page 7 City of Eagan Telephone Recommendation MAINTENANCE Number of Trained Technicians - Full points were awarded to all vendors. Spare Parts Inventory - Full points were awarded to all vendors. Dispatch Distance - Full points were awarded to all vendors. Installations - Local - Full points were awarded to all vendors. R.M.A.T. - Full points were awarded to all vendors. Toll Fraud Note: None of the vendors has provided any Toll Fraud detection software or hardware. Since there is no foolproof configuration, the vendors and Elert & Associates do not guarantee to prevent Toll Fraud. There are measures within the PBX that the vendors will assist you in watching, but again this is not foolproof. Any of the vendors can assist you in purchasing advanced detection devices and some of the vendors have monthly plans that can monitor for any toll problems. To provide better detection, we recommend that you consider purchasing one or more of the following items: 1. Call accounting software with Toll Fraud detection. 2. Services from specialized companies that will monitor your system and alert you of potential hackers. 3. Special "Toll Fraud Insurance." 7 Elert & Associates Page 8 :5000' City Hall, Police, Fire Adman, Cascade 24 hr. Maint 24 hr. Maim Bay, Civic Arena IMltel 24 hr. Maint Matrix 24 hr. Maint Connectivity Monthly Eschelon 3 Yr. Warr. System 132,522.00 14,961.00 169,369.00 14,400.00 152,616.00 18144 198,032.00 30.800.00 Traffic Included Included Power Fail Included Included 1 hr. battery Included Included Included Included Alarm dialer Included Included Modem Included SMDR Included Network System Software Included Performance Bond Included Included TOTAL 132522 14881 169388 14400 152618 18144 188032 30800 24 hr. Maint 24 hr. Maint MaintenanceMorth Water AAltel 24 hr. Maim Matrix 24 hr. Maim Connec&Aty Monthly Escheion 5 Yr. Warr. System 35,809.00 2,623.00 26,178.00 2,688.00 25,363.00 3654 36,732.00 Traffic Included Power Fail Included Included 1 hr. battery Included Included Included Included Alarm dialer Included Included Included Modem Included SMDR Included Network System Software Included Included Performance Bond Irncluded Included TOTAL 35809 2623 26178 2888 25363 3654 36732 0 24 hr. Maim 24 hr. Maint South Water Treatment Mitel 24 hr. Maint Matrix 24 hr. Maint Connectivity Monthly Eschelon SYr. Warr. System 24,905.00 1,457.00 13.007.00 1,344.00 13,552.00 1764 24,165.00 Traffic Included Power Fail Included Included 1 hr. battery Included Included Included Included Alarm dialer Included Included Included Modem Included SMDR Included Network System Software Included Included Performance bond Included Included TOTAL 24905 1457 13007 1344 13552 1764 24165 0 8/16/2002 1 1~6 24 hr. Maint. 24 hr. Maint. Community Center Mitel 24 hr. Maint. Matrix 24 hr. Maint. Connectivity Monthly Eschelon 5Yr. War. System 39,497.00 3,012.00 34,713.00 3,072.00 27,911.00 4158 40,890.00 Traffic Included Power Fail Included Included 1 hr. battery Included Included Included Included Alarm dialer Included Included Included Modem Included SMDR Included Network System Software Included Included Performance bond Included Included TOTAL 39497 3012 34713 3072 27911 4158 40890 0 24 hr. Maint. 24 hr. Maint. Mitel 24 hr. Maint. Matrix 24 hr. Maint. Connectivity Monthly Eschelon 5Yr. Warr. TOTAL BASE SYSTEMS $249,482 $23,928 $249,096 $21,504 $227,942 $27,720 =308,145 $30,800 Seven Year Costs without Residual $379,031 $355,085 $363,185 $365,003 Percent from Low 6.32% 0.00% 223% 2.72% Points 2811 1 300 2931 1 292 24 hr. Maint. 24 hr. Maint. Remote Fire Stations - Total of 5 Mitel 24 hr. Maint. Matrix 24 hr. Maint. Connectivity Monthly Esehelon 5Yr. Warr. System 19.165.00 2,750.00 28.243.00 600 62,902.00 147 16,780.00 Traffic Power Fail 1 Hr. Battery Backup Included Alarm Dialer Included Modem SMDR Network System Software Performance Bond Included Included TOTAL 19,165.00 2,750.00 28,243.00 600 62,902.00 147 16,780.00 24 hr. Maint. 24 hr. Maint. Alternates Mitel 24 hr. Maint. Matrix 24 hr. Maint. Connectivity Monthly Eschelon 5Yr. Warr. E911 Included 3,867.00 1,152.00 Included NA Included' Redundancy at Hub 5,840.00 500 10,63100 10,252.00 375 Included Certification Class 1,750.00 3,000.00 2,00.00 NA 1,500.00 UCD - for sites other than the City 792 NC Included NA Inekuied ACD Reporting Package 11,685.00 1,575.00 21,500.00 2,100.00 12,900.00 0 11,018.00 Amplified Handset - Digital Included 70 45 0 Standard Amplified Handset - Analog 75 70 45 0 Standard Wireless Handset NA 450 599 0 200 Wireless Headset 450 250 499 0 7 Call Detail Recording 16.749.00 1,875.00 5,829.00 8,500.00 0 8,326.00 PC for Call Detail Retarding 1,200.00 Included 899 0 2,289 Battery Backup Included Included Included Included lCordless Phone 55 140 599 0 250 Escalation % 0% 5% 5% 5% 8/16/2002 2 C:, O O O M O O Co T T N Ml- Iq 10 NN m 0000 O N N Co tYv mC* M,~ I 0) 1- {r O C6 ..O j.k CD m: L C it CO i1D l4 a0 m Im +rt An. in 1 0 N N r t!4 Im O I.- V loC1 ~ . 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OOOLnoo goLCAul m. r s:>,~::aa cD N N1,- CO may: 3~. CD COWMIRt Td o OR (6 m M M N ! a...+. a m m. OOOCOO O OCDLO~ i 40 L • r)1 @ L L: ti ~CNDC(o C :M: i CD a } ID :a: ~u. vJ IL o oooooo ;g Lf) 04 coLO ti L` co (C O 6 ~ r C) CA LU 0000400 O N IT cOo COO CMO U L t0 m } OOOMOO OMCOCD N L')) to N :??:i?:wir''::i::it:::•`??:i???:?i: i•: i:iYli: i?iii?i: is is O CD O : L Q... ~:~:•i:•::^V:(~:~:i:irr:i~ rir:iiiii:::• } ii:bitii:•:: afCfBi:: : 4qt It . +o: LS~I GS co OD C6 m M M } H E~ ~LLM a 3 m U m U(D M t o> c u.r►: E zCu) E ym t Y G r CO : a'.Y N 7 C 7 }!r ?i?:? 3 ~ r a:... C O H Q a O t W W> C H W Z a a O N 0 C(O r' N M I ILO W r,- I co N~ W CO *507 Agenda Information Memo August 20, 2002 Eagan City Council Meeting M. CONT 01-04 CENTRAL PKWY/ NORTHWOOD PKWY/COMMUNITY CNTR STREET, UTILITY & GRADING IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 5 to Contract 01-04 (Central Parkway/ Northwood Parkway & Community Center - Street, Utility & Grading Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 01-04 provides for the street and utility improvements for Central Parkway from Pilot Knob Road to the Community Center entrance and Northwood Parkway approximately 400' east of Pilot Knob Road (City Project No. 790R). It also provides for grading and utility improvements on the Community Center/Central Park site, as authorized by the City Council with approval of the Central Park Master Plan. • The change order provides for the following: o Deletion of the installation of the ornamental railing along the top of the retaining wall constructed on the north side of Central Parkway under this contract. (Deduct $37,785) The ornamental railing was redesigned to be compatible with other monument features under Central Parkway Streetscaping Project 813 and will instead be constructed under Contract 02-17 at a cost of $76,800. (See attached for comparative designs) o Installation of a temporary safety fence along the top of this retaining wall, prior to the permanent installation of an ornamental railing fence under the Central parkway Streetscaping project, scheduled for this fall. (Add $1,930) o Additional contractor time and equipment associated with a construction staging and phasing revision necessary to satisfy vehicle access requirements stipulated in the City's Easement Acquisition and Exchange Agreement with Lockheed Martin, finalized after Contract 01-04 was awarded.(Add $ 12,000) o Installation of temporary pavement marking and striping prior to the final bituminous wear course, due to a delay in the completion date. (Add $2,094) o Final grading of a portion of the site in preparation for the electric service line installation to the Community Center by Xcel Energy. It also provides for the re- grading of eroded areas adjacent to the pond outlet structure caused by heavy rainfall this construction season. (Add $1,585) o Installation of concrete steps and metal railing on a steep trail access point from the Lockheed Martin parking lot to Central Parkway, not originally anticipated under the original contract. (Add $7,093) • The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the city. • 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 a deduction of $37,785 and an additional cost of $24,701.31 for an overall net deduction of $13,083.69 (-0.6% of original contract). The cost of the additional work on Central Parkway will be the responsibility of the City Major Street Fund and assessed to the adjacent benefiting properties as outlined in the feasibility report for Project 790R. The cost of the additional work will be the responsibility of allocated funds for the Central Park site. ATTACHMENTS: • Ornamental Fence Designs, page. i 2-RAIL ORNAMENTAL METAL RAILING OMIT ARC FOR FENCE TYPE A-2 ORNAMENTAL METAL RAILING Cost per lineal foot = $ 57.00 Contract 01-04 Central Parkway Street and Utility Improvements 8'-0' CLR I 8'-0' CLR 8'-0' CLR 4'4' RAD. ARC - SEE DETAIL SHEET 8 OMIT ARC FOR FENCE TYPE A-2 Cost per lineal foot = $ 120.00 Contract 02-17 Central Parkway / Cedar Grove Area Streetscap' rovements C:\Misdxf\Fence_CO REVISED ST.ANDAR^ PUBLIC CENTRAL PARKWAY / o~ATE WORKS DEPARTMENT CEDAR GROVE AREA City of Eagan STREETSCAPING $/14/02 Agenda Information Memo August 20, 2002 Eagan City Council Meeting N. RENAMING OF CAROL STREET TO RED PINE LANE ACTION TO BE CONSIDERED: Approve the renaming of Carol Street to Red Pine Lane. FACTS: • On August 3, the City Council discussed their desire to change the name of Carol Street (between State Trunk Highway 3 and Dodd Rd.) to Red Pine Lane. They directed that this item be placed on the Council Agenda for August 20 for formal consideration. They also directed staff to notify all adjacent and/or affected property owners including Independent School District 196 (Red Pine School). As of this packet preparation, the Staff has not received any comments regarding this proposal. ATTACHMENTS: rr • Letters sent to ISD 196 and adjacent property owners, pages JJ and. city of eagan PATRICIA I- AWADA AUGUST 9, 2002 Mayor PAUL BAKKEN BILL MACK PEGGY CARLSON PRINCIPAL CYNDEE FIELDS RED PINE ELEMENTARY SCHOOL MEG TILLEY 530 RED PINE LANE Council Members EAGAN, MN 55123 Dear Mr. Mack: THOMAS HEDGES City Administrator We would like to inform you that it is the City Council's intention to rename Carol Street, from Highway 3 to Dodd Road, to Red Pine Lane. This action will be considered at the next City Council meeting to be held on Tuesday - August 20th. Municipal Center. We would like to know if you have any concerns about extending the name of Red Pine Lane to the west side of Highway 3. We would appreciate it if you could return your 3830 Pilot Knob Road response or comments by next Thursday, August 15th, so we will be able to include Eagan, MN 55122-1897 them in the packet for the next Council meeting. For your convenience you can FAX Phone: 651.681.4600 your response or comments to me at: (651) 681-4360. Fax: 651.681.4612 Thank you for your attention to this matter. TDD: 651.454.8535 Cordially, Maintenance Facility: 3501 Coachman Point Eagan, MN 55122 Arnie Erhart Phone: 651.681.4300 Superintendent of Streets Fax: 651.681.4360 AE/nab TDD: 651.454.8535 Cc: John Haro, Superintendent of School District 196 Jane Berenz, Director of Elementary Education www.ciryofeagan.com Tom Colbert, Director of Public Works 1:47b\Red Pine Lane 221 THE LONE OAK TREE The symbol of strength and growth in our community T'9~dtiy of eagan PATRICIA E. AWADA Mayor i PAUL BAKKEN August 13, 2002 PEGCYCARI-'SON I Re: Street Name Change - Carol Street to Red Pine Lane CYNDEE FIELDS MEGTILLEY Dear Resident, Occupant and/or Property Owner: Council Members As you know, Dodd Road is undergoing an upgrade which includes the construction of a new street within the old Carol Street right-of-way. There have THOMAS HEDGES been numerous public meetings to discuss the improvements on Dodd Road and Cirv Administrator the construction of Carol Street. At the conclusion of this public improvement, Dodd Road will be connected to Highway 3 by this new street segment. i In response to a discussion at the Council meeting on August 6, 2002, the City Municipal Center: Council has scheduled consideration of renaming Carol Street to help provide greater identification with the corresponding street on the east side of Highway 3 3830 Pilot Knob Road and the local elementary school. At the August 20 Council meeting, the City Eagan, MN 55122-1897 Council will consider approving the new name of Red Pine Lane. It is Phone: 651.681.4600 anticipated that this new name, if approved, would become effective immediately. Fax: 651.681.4612 Notices are being sent to all properties that are adjacent to the Carol Street right- TDD:651.454.8535 of-way. The City is not aware of any impacts that this street name change will have on businesses and residences at this time. It is believed that this action is Maintenance Facility: important to provide the identity with the east side of Highway 3. If you have any questions or concerns with this transition, please feel free to contact us. You are 3501 Coachman Point also invited to attend the council meeting on August 20 to express any concerns. Eagan, MN 55122 Phone: 651.681.4300 Sincerely, Cc: Mayor & City Council c/o Thomas Hedges, City Administrator Fax: 651.681.4360 Thomas Colbert, Director of Public Works TDD: 651.454.8535 Kent Therkelson, Police Chief Russ Matthys, P.E. Craig Jensen, Fire Chief www.ciryofeagan.com City Engineer Bruce Allen, Engineering Technician G RM '02'LETTERS.Ca of Si-Red Pine Ln Street tiame Change THE LONE OAK TREE The symbol of strength and growth in our community (.56 Agenda Information Memo August 20, 2002 Eagan City Council Meeting 0. CONTRACT 02-02. RIVER HILLS 9m / CEDAR CLIFF / MARI ACRES / POST / RUSTIC HILLS / OSTER ADDITIONS - STREET IMPROVEMENTS ACTION TO BE CONSIDERED: To approve the final payment for Contract 02-02 (River Hills 9 h, Cedar Cliff / Mari Acres Additions, and Post Additions / Rustic Hills / Oster Addition - Street Improvements) in the amount of $27,450.76 to Ace Blacktop, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 02-02 provided for the bituminous overlay of the streets in the Cedar Cliff/Mari Acres/Rustic Hills and Oster Additions neighborhoods and the bituminous resurfacing of the streets in the River Hills 9`" (including all of Metcalf Drive) and Post Additions neighborhoods, as authorized by the City Council under City Projects 794, 796, and 852. • The work has been completed, inspected by representatives of the Public Works Department and found to be in compliance with the approved plans and specifications, and is in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Agenda Information Memo August 20, 2002 Eagan City Council Meeting 0. PROJECT 794. RIVER HILLS 9TH ADDITION FINAL ASSESSMENT ROLL ACTIO TO BE CONSIDERED: To receive the Final Asse went Roll for Project 794 (Riv r Hills Addition - Street Resurfacing) and schedule public hearing to be held on Sep mber 17, 2. FACTS: • Project 794 provided the bituminous overlay f the streets within the River Hills 9`h Addition, including Metc Drive, Clark Stre , Clark Court and Medary Avenue. • This project, constructed der Co 02-02, has been completed, all costs tabulated, and the final assess t roll epared. • This roll is being presented to ouncil for their consideration of scheduling a public hearing to formally prese a final costs to be levied against the benefited properties. • An informational neighborh od meeting be scheduled prior to the final assessment hearing with the affected roperty owners an dress any concerns. • The final assessmen are approximately 4% ver the estimate contained in the feasibility report pr nted at the public hearing he on December 11, 2001. S7 Agenda Information Memo August 20, 2002 P. PROJECT 866, CEDAR GROVE REDEVELOPMENT AREA STREETSCAPING IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Agreement for Project 866 (Cedar Grove Redevelopment Area - Streetscaping Improvements) with Dakota Electric Association and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 866 provides for the streetscaping and lighting of the Cedar Grove Redevelopment area as outlined and discussed in the feasibility report. It incorporates decorative street and trailway lighting, decorative pedestrian paving, fencing, entrance monuments, landscaping, irrigation and miscellaneous amenities. • On April 2, 2002, the City Council approved Project 866, in conjunction with Project 800R (Cedar Grove Access Modifications - Street Intersection Reconfiguration), including the burying of above ground utilities. • The streetscaping adjacent to Silver Bell Road, Cedar Grove Parkway and Cedarvale Boulevard included the underground placement of all private utility lines providing service to the adjacent properties. • Cost estimates were obtained for all required work by each of the individual utility companies. The estimated value of the relocation work includes placement within the public right-of-way within the Cedar Grove Redevelopment area. • An agreement between the City of Eagan and Dakota Electric Association has been prepared providing for the cost of burying the existing overhead electrical lines. As set forth in the agreement, the City's financial share of these improvements is 100% of the construction, engineering, and inspection costs (Estimated Total Construction Cost = $102,000.00). • City staff have reviewed this agreement and found it to be similar to other electrical line relocation costs and in order for favorable Council action. s~g Agenda Information Memo August 20, 2002 Eagan City Council Meeting Q. ACCEPT BIDS AND AWARD CONTRACT - COMMUNITY ROOM AUDIO VISUAL RENOVATION ACTION TO BE CONSIDERED: To accept bids and award the contract to Alpha Video for Alternate Bid #1 in the amount of $86,699.15 for audio-visual equipment in the Community Room. FACTS: • The City Council authorized renovation of the Eagan Municipal Building Community Room in 2001. The last phase of the renovation is acquisition and installation of audio-visual equipment to maximize the utility of the room for community meetings, trainings, presentations, etc. • Official notice of the Invitation to Bid was published on August 1, 2002. There was only one respondent, Alpha Video Inc., to the invitation to bid. • Due to the complex and interrelated nature of the equipment package, staff was not surprised to receive only one bid. Staff is also comfortable that the bid amount is consistent with projected costs. • Alpha Video provided a base bid and an alternate bid. The alternate bid included a recent model improvement on the Crestron equipment in Section 5 of the bid detail that allows for some wireless control. The alternate bid is $2,025 higher than the base bid. • It is anticipated that equipment can be ordered and installed in 3-5 weeks. ATTACHMENTS: • Affidavit of publication for the Public Notice of Invitation to Bid is on page. • Alternate Bid #1 is on page through S AFFIDAVIT OF PUBLICATION PUBLIC NOTICE E.AGAN COMMUNITY ROOM A IQnW + PRLUvT T1ON EQ rrn9W INVITATION TO BID PROJECT IDENTIFICATION: STATE OF MINNESOTA 71tte: Eagan Community Room AudioMid-Tresentation Equipment Project L^ Owner. City rti Eagan Count`, of Dakota ` JJ Project Oeersite: M Ma Hotchkiss 1 1 Burnsville/Eagan Community Television 4155 Old Sibley Memorial Hwy. Eagan. MN 55122-1897 Vox - 651-882-8213 TERESA L. FULTS, being duly sworn, on oath says that she is an authorized agent and Fax - 651-894-2562 PROJECT DESCRIPTION: The project consists of purchase and instillation of audio, video, and AN employee of the publisher of the newspaper known as Dakota County Tribune, and has full knowl- presentation equipment in the Eagan City Hall Community Room. Please BASIS OF BIDS: me attachment for detailed description. edge of the facts which are stated below: : Type: Lump Sum, single prime contractor (A) The newspaper has complied with all of the requirements constituting qualification as a Requirements: Sealed bids shall be based on the Contract Documents prepared by the City of Eagan. COMPLETION TIME: legal newspaper, as provided by Minnesota Statute 331 A.02, 331A.07 and other applicable laws, The room is available to the Contractor to begin work immediately upon the granting of the contract, and must be completed by Monday, November as amended. 4th- 2002. Installation must be coordinated with the City of Eagan to avoid conflicts in room scheduling. ` PREBID CONFERENCE: _ (B) The printed There will be a Pre-Bid Conference on Tuesday, August 61h, 2002, at 9-•a AM in the Community Room at Eagan City Hall. All contractors bidding the project are strongly encouraged to attend. BID OPENING: - D.9.Mese: Tuesday, August 13, 9:00 AM Location: Eagan City Hall Community Room. 3830 Pilot Knob Road, Eagan, MN which is attached was cut from the columns of said newspaper, and was printed and published 55122-1897 Requirements: Bids received after this time will not be accepted. No oral or once each week, for successive weeks; it was fax bids will be accepted. EXAMINATION OF DOCUMENTS: Copies of the plans will be on file at the office of the City Ck21t of the City first published on Thursday, the day of of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122-1897, and at the offices of Bumsville/Eagan Community Television, 4155 Old Sibley Megwrial ~•t Hwy., Eagan, MN 55122 V Q PROCUREMENT OF DOCUMENTS: and was thereafter printed and published on every Thursday to and including Bidders may obtain a full set of bidding documents from the City Clerk of ,p..,~J/_] the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122-1897, elr at the Thursday, the day of 1..~~-14,)-. and office of Burrimlle/Eagan Community Television, 4155 Old Sibley Memorial Hwy.. Eagan, MN 55122-1897 BID SECURITY: - - printed below is a copy of the lower use alphabet from A to 2, both inclusive, which is hereby Quantity: 5% of Bid Amount Requirements: Each Bid shall have a Bid Bond, Cashier's check or certified check payAk to the Owner as guaranty of the prompt execution of the contract acknowledged as being the size and kind of type used in the composition and publication of the BONDING REQUIREMENTS: Contractor shall provide a Performance Bond and Labor and Material Pay- notice: abcdefghijklmnopgrstuswsyz ment Bond for 100% of the Contract Amount. BIDDER'S QUALIFICATIONS: ALA Document A305 - Contractor's Qualification Statement shall be sub. mitted upon request of the City of Eagan. RIGHT TO REJECT: The owner reserves the right to reject any or ill bids, to waive irregularities BY: and informalities therein, and further reserves the right to award the ciao- TITLE: Secretary tract in the best interest of the owner. The City of Eagan also reserves the right to review bids for a period of thirty (30) working days before awarding the bid. If the City exercises the right to review bids for up to thirty (30) days before awarding the contract, the deadlines for completion of the pro- ject will be exterded accordingly. Bids nay not be withdrawn within sialy (60) days after the opening without the consent of the owner. Subscribed and sworn to before me on this - day of S 437 22-23 89 Q tV1NQ PA Notary Public • ^^•w.:.~•~tiwvsnvw,nn~n,sMn,~vA a AROL J. HAVE LAN 4CTh7;y p.' SLIC - MMNESOTA tit' Cr.mm >S.On Expires 1.31.2005 • wv~n~...^.,......~,s...,. n..wvtivtivrv,~ s ~ C~ern~-e,13 i d ~ I quotation Alpha Video Inc Contact us at: alpha vide o' 7711 Computer Avenue Phone: 952-896-9898 Edina, MN 55435 Toll Free: 800-388-0008 www.alphavideo.com Fax: 952-896-9899 We are an equal opportunity employer For Customer #BT1007 Phones Sales. Representative Mark Hotchkiss Wk 651-882-8213 Jeff Volk Burnsville/Eagan Community TV Fax 651-894-2562 952-841-3311 4155 Old Sibley Memorial Hwy ;PO # Terms Eagan MN 55122 Net Receipt 18010 08/13/2002 Description Ot Price Extended 1) Community Room Camera Systems WV-CS854A "Panasonic Color Unitized Camera 4 1,562.63 6,250.52 WJ-MP204 "Panasonic Data Multiplex Unit 1 337.50 337.50 WV-CU360 "Panasonic Camera Controller 1 425.25 425.25 Subtotal 1 7,013.27 7,013.27 2) Video & Data Projection Systems OCINESCREEN Draper Cineplex Rear Projection Screen (1/4" Screen, System 100 1 1,030.00 1,030.00 Frame, 38" x 50' Viewing Area & Cine 10 High Contrast Tint) PLC-XP45L 'Sanyo 3500 Lumens XGA LCD Projector - No Lens 1 6,572.00 6,572.00 829MCL1028 "Buhl Zero Axis, 1:1 Short Throw Lens 1 2,346.30 2,346.30 MISC Mimic, Electronic Whiteboard (Requires PC Connection) 1 511.00 511.00 60.259-01 Extron 6 Input VGA/XGA Switcher 1 657.00 657.00 60-046-01 Extron P/2 Da2 Plus VGA Distribution Amplifier 1 150.00 150.00 60.190-01 Extron 1 RU Rack Shelf 2 94.00 188.00 1291 Scan Do Pro II Scan Converter 1 1,647.00 1,647.00 1246 Rack Kit For Scan Do Pro 1 118.00 118.00 Subtotal 1 13,219.30 13,219.30 3) Video Production Systems TM-910SU 'JVC 9' Color Monitor (PWV, Program) 2 697.68 1,395.36 TM-A101G 'JVC 10" Color Monitor - No Audio (Cam 1, Cam 2, Cam 3 & Source 4 374.00 1,496.00 Select) RKMOB910 FEC Rack Mount Kit for 9' Monitors (Occupies 5RU) 1 123.00 123.00 RK101G FEC Rack Mount Kit for 10" Monitors (Occupies 5RU) 2 112.00 224.00 RM-G8000 `JVC Editing Controller 1 401.00 401.00 LCG4000R Compix Video CG System - Rack Mount (Includes CG & GenPlay SW, 1 3,995.00 3,995.00 CompositeNC 1/0 and Alpha Key) Page 1 (continued ) ")uotation Alpha Video Inc Contact us at: 7711 Computer Avenue Phone: 952-896-9898 Edina, MN 55435 Toll Free: 800-388-0008 www.alphavideo.com Fax: 952-896-9899 We are an equal opportunity employer For Customer #BT1007 Phones Sales; Representative Mark Hotchkiss Wk 651-882-8213 Jeff Volk Burnsville/Eagan Community TV Fax 651-894-2562 952-841-3311 4155 Old Sibley Memorial Hwy PO # Terms Eagan MN 55122 Net Receipt 18010 08/13/2002 Descri tion Qt Price Extended SVGA-17RK Videotek 17" Rack Mount SVGA Monitor 1 889.00 889.00 WJ-MX20 "Panasonic Digital AN Mixer 1 1,232.25 1,232.25 VS-2081S Kramer 8:1 Y/C Video Switcher with RS-232 1 926.00 926.00 SG-6003B Kramer Signal Generator (Black Burst, Color Bar & Tone) 1 604.00 604.00 Subtotal 1 11,285.61 11,285.61 4) Presentation Podium Video Systems AV-P750U 'JVC Pro Document Camera ('DEMO UNIT - Never Used, New Warranty, 1 1,650.00 1,650.00 Available on a First-Come Basis) TA-AV27U 'JVC 4" LCD Monitor with Mounting Bracket for AV-P750U 1 305.24 305.24 XV-M54BK 'JVC 3-Disc CD/DVD Player 1 269.46 269.46 HR-DVS2U 'JVC Mini-DV/SVHS VTR 1 1,308.96 1,308.96 HR-S3900U 'JVC SVHS VTR 1 169.00 169.00 60-323-02 Extron YCS Transcoder 2 259.00 518.00 MISC CUSTOM Engelwoodworks Custom Podium with Visual Presenter Stand 1 6,500.00 6,500.00 (ESTIMATE Pending Final Design Approval) Subtotal 1 10,720.66 10,720.66 5) Crestron Control Systems S TX-A V2PA K-C 17 "Crestron Wireless Control System (Includes STX-17000 Wireless 1 4,412.00 4,412.00 2-Way Panel, AV2 Processor, STRFGWX Gateway, ST-DSN, ST-BTPN & 4 x IRP2) CT 1000 "Crestron 3.8" Color Wall Mount Touch Panel (Front of Room) 1 712.88 712.88 BS-1000 "Crestron Wall Mounting Back Box for CT-1000 1 57.00 57.00 TPS-20001 "Crestron Isys 5" Active Matrix Color Touchpanel w/ Video & Audio 1 1,083.00 1,083.00 -(Radium-& Control Racks) ST VC "Crestron 3-Channel Volume Control Module 1 414.75 414.75 CNPWS-75 "Crestron Power Supply 1 265.00 265.00 600-L Page 2 ( continued ) Duotation All Alpha Video Inc Contact us at: 7711 Computer Avenue Phone: 952-896-9898 alpha Edina, MN 55435 Toll Free: 800-388-0008 www.alphavideo.com Fax: 952-896-9899 We are an equal opportunity employer For Customer #BT1007 Phones Sales. Representative Mark Hotchkiss Wk 651-882-8213 Jeff Volk Burnsville/Eagan Community TV Fax 651-894-2562 952-841-3311 4155 Old Sibley Memorial Hwy PO # Terms Eagan MN 55122 N18010 08/13/2002 Descri tion of Price Extended MISC CUSTOM Engelwoodworks Custom Touch Panel Carrier (To Match All Other 1 400.00 400.00 Millwork) Subtotal 1 7,344.63 7,344.63 6) Audio Production Systems MX418S/C "Shure 18" Gooseneck Cardiod Condenser Microphone 1 203.42 203.42 UT14185-TK "Shure Wireless Lapel Microphone System (Includes UT1 Body Pack Tx, 1 465.00 465.00 UT4 Rx & WL185 Cardiod Lavalier Microphone) URT Shure Rack Tray for UT4 Receiver 1 22.00 22.00 MX418D/C "Shure 18" Gooseneck Cardiod Condenser Microphone with Desktop 3 322.00 966.00 Base MISC CUSTOM 'Ceiling Mounted PZM Microphone TBD 2 350.00 700.00 SCM810 Shure 8-Input Automatic Microphone Mixer 1 1,313.00 1,313.00 DFR11EQ5 Shure Audio Equalizer 2 585.00 1,170.00 1604-VLZPRO "Mackie 16x4x2 Mic / Line Audio Mixer 1 1,024.00 1,024.00 910-012-2ol Gentner SPH10 Telephone Interface 1 475.00 475.00 UP4061 Mackie 60W Power Amplifier (Mono, 70V) 1 332.00 332.00 CM-MS6TDC-8 Tannoy Ceiling Speaker 4 230.00 920.00 TE0660PL Tannoy Back Can 4 35.00 140.00 TRG Tannoy Round White Grille 4 15.00 60.00 LP-9-216 Listen Advanced Assisted Listening Base System 1 1,279.00 1,279.00 LA-117 Listen Dipole Antenna Option 1 LA-311 Listen 16-Slot Charging Case 1 336.00 336.00 MX39310 "Shure Omnidirectional Boundary Microphone 5 197.18 985.90 MISC CUSTOM Canare Custom Audio Snake & Reel 1 1,500.00 1,500.00 Subtotal 1 11,891.32 11,891.32 7) Presentation Podium Equipment Racks Page 3 ( continued ) Duotation Alpha Video Inc Contact us at: 7711 Computer Avenue Phone: 952-896-9898 Edina, MN 55435 Toll Free: 800-388-0008 www.alphavideo.com Fax: 952-896-9899 We are an equal opportunity employer For Customer #BT1007 Phones Sates Representative Mark Hotchkiss Wk 651-882-8213 Jeff Volk Burnsville/Eagan Community TV Fax 651-894-2562 952-841-3311 4155 Old Sibley Memorial Hwy PO # Terms fgh Eagan MN 55122 Net Receipt 1Quote # Datlee 8010 08/13/2002 Descri tion of Price Extended V4211 'Winsted 12RU Black Economy Rack (23- 5/8"H x 21 9/16'W x 18 3/4"D - 1 150.96 150.96 NEED TO VERIFY THIS WILL FIT IN CABINET) RSH-4S "Middle Atlantic 4RU Black Custom Rack Shelf (1 Ea for DVD, Combo 3 85.56 256.68 VTR & SVHS VTR) Subtotal 1 407.64 407.64 8) Control Room Equipment Racks 85060 'Winsted Standard Pedestal 2 116.92 233.84 86034 'Winsted Base & 241/2" Slope Rack 2 402.56 805.12 86134 'Winsted Side Panel For Base & 241/2" Slope Rack 1 213.86 213.86 85041 'Winsted End Top 2 33.30 66.60 85344 `Winsted Locking Steel Door 4 112.48 449.92 81722 'Winsted 2-Bay Work Shelf (24"D w/ 3" Oak Edge) 1 309.32 309.32 82226 'Winsted 24" D Shelf Support Bracket (Pair) 1 54.76 54.76 85238 'Winsted Rack Mount Cord Access Panel 1 35.52 35.52 85782 'Winsted 2-1/2" Plate Casters (4 Ea) 2 23.68 47.36 85321 'Winsted Utility Drawer 1 190.92 190.92 MISC 'Winsted Miscellaneous Rack Accessories (Casters, Blank Panels, Etc.) 1 1,500.00 1,500.00 032362 APC SU1000RM21000VA Back-Up Power Supply (2RU) 1 726.00 726.00 Subtotal 1 4,633.22 4,633.22 9) Custom Installation - Materials & Labor LABOR-AVTS Custom Installation Labor (AN Installation, Crestron Installation & 1 11,034.00 11,034.00 Crestron Programming) MISC.AVTS Installation Materials (Cables, Connectors, Etc) 1 2,858.00 2,858.00 MISC EXPENSE Project Overhead (Performance Bond, Etc.) 1 1,000.00 1,000.00 Subtotal 1 14,892.00 14,892.00 6 Page 4 quotation Alpha Video Inc Contact us at: 7711 Computer Avenue Phone: 952-896-9898 - • Edina, MN 55435 Toll Free: 800-388-0008 www.alphavideo.com Fax: 952-896-9899 We are an equal opportunity employer For Customer #BT1007 Phones Sales Representative Mark Hotchkiss Wk 651-882-8213 Jeff Volk Burnsville/Eagan Community TV Fax 651-894-2562 952-841-3311 4155 Old Sibley Memorial Hwy PO # Terms Quote # Eagan MN 55122 Net Receipt 18010 08/13/2002 Description at Price Extended Subtotal 81,407.65 Tax 6.500% 5,291.50 TOTAL $86,699.15 Accepted By: Date: L I "Where the Future of Digital Video Happens First" All information contained within this quote is valid for the next 30 days. Thereafter, all prices and applicable charges are subject to change. 6 Page 5 Agenda Information Memo August 20, 2002, Eagan City Council Meeting R. APPROVE CLASSIFICATION. OF TAX FORFEITED PROPERTY ACTION TO BE CONSIDERED: To declare the following parcel as non-conservation land: 10-72977-003-04 (Sun Cliff 3rd Addition Southpointe Condo File #84 Garage 103 Bldg #5) FACTS: • The City has been notified by Dakota County of this parcel noticed as tax forfeited for non-payment of taxes. • The property is a garage in the Southpointe Condo area. • Unless the City desires to use the parcel for a public purpose, Dakota County has requested that the City approve the classification of the property as non-conservation land in preparation for sale. The steps are all necessary to follow the legal process. ATTACHMENTS: • Resolution is enclosed on page • Location map is enclosed on page 6~ CERTIFICATE OF COUNTY BOARD OF CLASSIFICATION OF FORFEITED LANDS PROVIDED BY CHAPTER 386, LAWS 1935 AS AMENDED. To the CITY COUNCIL of the CITY of EAGAN We, the members of the County Board of the County of Dakota, Minnesota, do hereby certify that the parcels of land hereinafter listed are all of the lands which have been classified by us as HON conservation lands, from the list of lands forfeited to the State of Minnesota for non-payment of taxes for the year or years 1995 & 1997 as provided by Minnesota Statutes 1945, section 282.01 as amended. SUBDIVISION 10-72977.003-04 SUN CLIFF 3RD ADDITION SOUTHPOINTE CONDO FILE $84 GARAG 103 BLDG X5 217172,036% INT BEING PT OF LOTS 1,2,3,4 & 5 BLK 2 SUN CLIFF 3RD ADD 52 In witness hereof we have hereunto subscribed our names this day of J= 002 Chai an o e Board Attest: County Treasurer-Auditor The forgoing classification sales its hereby approved. By the LI / `O"g,% of the of EAGAN Dated r~lAYot C «y Cur*k a vf A ll o ~ `OGAT i0 h avow )iMVHHavl6 d4 {,S J a • of W MN gIi c u Q N 1 cW ti i I tN/ NI I INr Kr ~ t Q I IV illr i qN r1li } Q I NIi ~tN I a s ar o I,. ItI/ 2 • wrly w Il O ~ r ~O Q Q +s. J = mk;w R v o Iao v ~ > ~ boa ► h mI~ W ~ I ^ W 11 avow wva li3nY38 I r- Agenda Information Memo August 20, 2002, Eagan City Council S. APPROVE 2003-2007 CIP PART II VEHICLES AND EQUIPMENT ACTION TO BE CONSIDERED: To approve Part II (Vehicles and Equipment) of the 2003 - 2007 Capital Improvement Program (CIP) FACTS: • The first year of this CIP (2003) is approved as a budget with the four out years (2004 - 2007) being approved only as a general plan. • All vehicles and equipment costing more than $10,000 are budgeted in this section of the CIP with items costing less than $10,000 budgeted in departmental operating budgets. • In 1993 the City Council established a policy whereby each year an amount is allocated to the Equipment Revolving Fund (ERF) for non-enterprise fund CIP Part H purchases. The allocation is based on an initial amount of $500,000 used in 1993 that is increased annually by population growth and inflation factors. For 2003 the allocation is $841,442. An amount of $1,317 will be carried forward from 2002 generating a total available balance of $842,759 for 2003 purchases. • The ERF is funded through an annual ad valorem property tax levy. • The schedule for this approval is timed to allow for coordination with various purchasing/bidding options to provide for the best possible prices, the necessary lead times for ordering the equipment, and the desire to place the equipment in service during 2003. • After two management meetings in which staff from each department had an opportunity to discuss their proposals and challenge other department proposals in attempts to prioritize overall City capital equipment needs, the attached list of purchases totaling $673,100 from the ERF was reached by consensus. This allocation allows for a carry forward to 2004 of $169,659. 6~ • The Mobile Command Vehicle is being considered as a specialty piece of equipment that cannot be financed through this allocation process. Therefore, the funding source is currently presented as other. Prior to proceeding with the consideration of this piece of equipment, the purpose, function, benefits, etc. along with potential funding options will be presented to the City Council in a workshop similar to the process used for the recent acquisition of the new aerial. Staff will also be diligently pursuing any grant opportunities resulting from Homeland Security initiatives. The unit is presented in the Fire Department section of the Part 11 CIP, however, it is a Public Safety Vehicle that reaches beyond only the Fire Service. ATTACHMENTS: • Attached on page is a copy of the summary of the equipment proposed 2003 CIP Part II purchases with the funding source for each unit. • Attached on page is a copy of the summary of the proposed 2003 - 2007 Part 11 CIP. 7a wi tv) aD h ~o ` o 8 U. u. 0 1(1 O m f7 N N IA SH p 8 SS C pp pp t4 LL n 0) 0) 8 in > 10 0 1 - gNb O O Goo OO O ~ pOpppOkgCli Q' Nnm Y NO N NNMNNM (Op C6 N W ~y CD H O pO pp O pO pO O O pO Qp OC !0 Z C O °v O S h O S (O 0m t~ W ~ n < Y N V) ~ N U) N N g C C N M r r r N 9 a _ t9 W3, p p ppo SS p p 8 Z 00 C-A 4m W) W M ~Nb O 0 o ~ Qlo 00 n O Sg$O°a_g O C1 CL Q 0 OD hfO O W ^0 Pm 0Ut1 h M OYGpN W O m N N cr) ~f ~M 0- MN N NNM~NM N N Y of z C4 CL Q CD GO U N v, W J U c a 55_ o Z ~ M N W LL 4) W M O N C 0o 3 To w E log i N N N M M N~ M E pp 7-7-57 Sj C 44y rN-~ l9MM oN~ N C t V C t c C C C _ U 7 U 7 7 Y7 7 7 7 7 C r> O 5 a WU 4m Ir Ir S Ix w(Yxa:w c Q co 0 O 0 0 0 0 O O O O CD co N 0 O O 0 0 0 o co tD to 0 O ' O '000 N M 0 to co i- M t 0 M M 6 V 0 r to 14 N to r- N co N CO CO N 0 r 0 to v C O ~ N iH h ~ to _ 0 O 0 0 0 0 0 0 0 O CO co 8 0 0 0 0 0 000 0 00 0 t N O ' 0 ' 't 0M V- V- r NLf) I- 0 N Cc 0 0 16 to tQ r 10 (C O N CD U) M to O N I~ 0 M r- N N r 0 59 to 64 N N O 0000000000 0 p~IV tD c6 0 0 0 8 0 0 0 0 0 0 0 0 O O 0 to m N 0' T" OIV in NCD~00 0 V O C6 tO .1i O 06 06 6 r. C6 Q) v O L C r- MCDNO - V - IW N O 0~ 0 r to M r r e- tD r 0 M t0 C d3 d°1 to C E Q O O 0 0 0 0 0 0 0 p O co 0 0 0 0 0 0 0 0 0 0 0 O O 0 0 0 et N 0' 0' 0aCnLO 0NN " 0 N CM O r.- C H O O oMNOO1 to to r-: w co 0 O N MONcncoU)N I- MI• co 0 Q r m M v OD N N N r (A V O M O 0 a 40 !l4 b9 N M _ _ C w CO) 0 0 0 0 0 0 Cl 0 0 Cl 0 Cl 00) to Q O N 0 000000 0 o0o 0 0 0W) W) ca E A N CO 00 et 00 ' 1-0mco ' 0 ' CO I- I- co ~O0fl: 0M f`M00 O CD MN C 4 y O r- VNM C%4 LO N ~ N cnv co m O N r LO 00 v LL O to to W O 7 U) C C df O O x r.. d tT N O O C U N c ~c ~ E16 N H ° a) v ! ' U- w a>i c cm 2 e o, y crU- W x ° a, c U. u w 'c ° C C Y N C C co m N UE~~ ~..CDO (D c f- d 3 N O O O 7 L` 1 .2 a 0a.ifcf00m 1~co co J ir c) U m m a E M E N CO Agenda Information Memo August 20, 2002 Eagan City Council Meeting T. CONTRACT 02-11, DODD ROAD (CLIFF ROAD TO 120TH STREET) STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 02-11 (Dodd Road, Cliff Road to 120x' Street - Street & Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 02-11 provides for the street and utility improvements on Dodd Road from Cliff Road to 1200' Street (City Project No. 751R). • The change order provides for the redesign of a majority of the street section, due to wet subgrade soils encountered as a result of an unusually wet construction season. The street section was changed to include geotextile fabric and select granular borrow to stabilize the subgrade in lieu of a portion of the originally proposed Class 5 gravel aggregate base material. • The change order also provides for the construction of a temporary road on Dodd Road from McFaddens Trail to Carol Street to maintain residential access during the wet period early in the construction season. • The cost of the work is consistent with bid prices received for relevant bid items on other projects within the city. • 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 $121,072.95 (7.85% of original contract). The cost of the additional work will be the responsibility of the City Major Street Fund and assessed to the adjacent benefiting properties as outlined in the feasibility report for Project 751R. ATTACHMENTS: • Change Order No. 1, pages" through?~. ~3 city of eagan CONTRACT 02-11 CHANGE ORDER 1 PROJECT 751R DATE: August 12, 2002 PROJECT NAME: Dodd Road (Cliff Road/CSAH 32 to End of Cul-de-sac) Street & Utility Improvements PROJECT DESCRIPTION Project consists of the construction of sanitary sewer, water main, storm sewer and reconstruction of Dodd Road. CONTRACTOR: Northdale Construction Inc. ENGINEER: City of Eagan 14450 Northdale Blvd 3830 Pilot Knob Road Rogers, MN 55374 Eagan, MN 55122 DESCRIPTION OF CHANGE ORDER WORK: The Construction of sanitary sewer, water main, storm sewer, services, and reconstruction of Dodd Road from Cliff Road to the end of the Cul-de-sac. Also, the construction of Carol Street from Dodd Road to Highway 3 including storm sewer, water main, and sanitary sewer. JUSTIFICATION FOR/PURPOSE OF CHANGE ORDER: Road Improvement Items: Due to the combination of an extremely wet spring and summer, and unstable soils, nearly the entire street section was redesigned. Instead of the proposed 16" aggregate base, class 5, along Dodd Road from Cliff Road to Carol Street and along Carol Street to Hi_hwav 3, the street section was adjusted to the following sections: Dodd Road - Cliff Road to McFadden Trail (North) 12" of 3" minus (concrete) 8 ounce non-woven fabric for a width of 2 feet behind the curb 16" of aggregate base, class 5 Dodd Road - McFaddens Trail (north) to McFaddens Trail (south) and Waterview Cove to Carol Street 12" of select granular borrow 8 ounce non-woven fabric for a width of 2 feet behind the curb 10" of aggregate base, class 5 Dodd Road - McFaddens Trail (south) to Waterview Cove 24" of select granular borrow 8 ounce non-woven fabric for a width of 2 feet behind the curb 10" of aggregate base, class 5 Carol Street - Dodd Road to Highway 3 8 ounce non-woven fabric for a width of 2 feet behind the curb 16" of aggregate base, class 5 Instead of the proposed street section of 6" of aggregate base, class 5, from Carol Street to the end of the Cul-de-sac, the following str section was changed. Dodd Road - Carol Street to the proposed Hall Street R/W 12" of select granular borrow 10" of aggregate base, class 5 Temporary Road Due to one of the wettest Junes on record and deep utility construction, a temporary road needed to be build along Dodd Road fr McFaddens Trail (south) to Carol Street to maintain resident access. The material used was 3" minus (limestone). DESCRIPTION OF WORK ITEMS: ITEM UNIT QTY UNIT PRICE DOLLAR AMT Aggregate base, Class 5, 100% crushed TN 1200 -$8.18 ($9,816.00) Subgrade excavation (EV) CY 1300 $6.73 $8,749.00 Select Granular Borrow TN 2675 $4.55 $12,171.25 3" minus material (concrete) TN 3430 $13.45 $46,133.50 3" minus material (limestone) TN 2310 $13.98 $32,293.80 8 oz. non-woven fabric SY 19470 $1.62 S31,541.40 TOTAL CHANGE ORDER #1 $121,072.95 CONTRACT STATUS TIME/COMPLETION DATE AMOUNT Original Contract: September 27, 2002 $1.542,453.35 Change Order: September 27. 2002 $121,072.95 Subtotal of Previous Change Orders: $ 0.00 This Chance Order: $121.072.95 New Subtotal of All Change Orders: $121,072.95 Revise Contract: $ $1,663.526.30 Percent Increase or Decrease for this Change Order to Original Contract Amount: 7.85% Percent Increase or Decrease for Total of All Change Orders to Original Contract Amount: 7.85% RECOMMENDED FOR APPROVAL: 8 i 3 J Z 8-/-3 - o Z_ Bv: Data: B Date: Project Manager Contractor BY: Date: 4 -oz City Department anager City of Eagan Council Action: Mayor: Clerk: Date: DISTRIBUTION I - City 2 - Contractor I - Engineer Agenda Information Memo August 20, 2002 Eagan City Council Meeting U. PROJECT 794, RIVER HILLS 9TH ADDITION FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: To receive the Final Assessment Roll for Project 794 (River Hills 9th Addition - Street Resurfacing) and schedule a public hearing to be held on September 17, 2002. FACTS: • Project 794 provided for the bituminous overlay of the streets within the River Hills 9`h Addition, including Metcalf Drive, Clark Street, Clark Court and Medary Avenue. • This project, constructed under Contract 02-02, has been completed, all costs tabulated, and the final assessment roll prepared. • This roll is being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are approximately 4% over the estimate contained in the feasibility report presented at the public hearing held on December 11, 2001. ~6 Agenda Information Memo August 20, 2002 Eagan City Council Meeting V. PROJECT 795, BEACON HILL/ BRITTANY ADDNS/ JOHNNY CAKE RIDGE ADDN/ COVINGTON LANE FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: To receive the Final Assessment Roll for Project 795 (Beacon Hill/ Brittany Additions/ Johnny Cake Ridge Addition/ Covington Lane - Street Overlay) and schedule a public hearing to be held on September 17, 2002. FACTS: • Project 795 provided for the bituminous overlay of the streets within the Beacon Hill/ Brittany Additions and Johnny Cake Ridge Addition, including Covington Lane (Johnny Cake Ridge Road to Stonecliffe Drive), Lancaster Lane, Beacon Hill Road, Beacon Hill Court, Kingsbury Drive, Cambridge Drive, Trenton Lane, Covington Circle, Covington Court, Beacon Hill Circle, Sherwood Way (Johnny Cake Ridge Road to Windsor Court), Norwood Drive, Norwood Court, Norwood Circle, Sheffield Lane, Sheffield Circle, Sherwood Court, Shevlin Court, Ridge Cliffe Drive, Penkwe Way, and Penkwe Circle. • This project, constructed under Contract 02-01, has been completed, all costs tabulated, and the final assessment roll prepared. • This roll is being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are approximately 10% under the estimate contained in the feasibility report presented at the public hearing held on November 20, 2001. Agenda Information Memo August 20, 2002 Eagan City Council Meeting W. PROJECT 796, CEDAR CLIFF/ MARI ACRES FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: To receive the Final Assessment Roll for Project 796 (Cedar Cliff/ Mari Acres - Street Overlay) and schedule a public hearing to be held on September 17, 2002. FACTS: • Project 796 provided for the bituminous overlay of the streets within the Cedar Cliff and Mari Acres Additions, including Cliffview Drive, Cliffhill Lane, Scott Trail, and Erin Drive. • This project, constructed under Contract 02-02, has been completed, all costs tabulated, and the final assessment roll prepared. • This roll is being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are approximately 5% over for the residential properties and 14% over for the commercial properties based on the estimates contained in the feasibility report presented at the public hearing held on December 18, 2001. Agenda Information Memo August 20, 2002 Eagan City Council Meeting X. PROJECT 852, POST ADDITION/ RUSTIC HILLS DRIVE/ OSTER ADDITION FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: To receive the Final Assessment Roll for Project 852 (Post Addition/ Rustic Hills Drive/ Oster Addition - Street Overlay) and schedule a public hearing to be held on September 17, 2002. FACTS: • Project 852 provided for the bituminous overlay of the streets within the Post Addition, Rustic Hills Drive, and Oster Additions, including Sibley Hills Drive, Rustic Hills Drive, Oster Drive, and a portion of Skyline Road. • This project, constructed under Contract 02-02, has been completed, all costs tabulated, and the final assessment roll prepared. • This roll is being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are approximately 31% under for the mill and overlay and 10% over for the reclamation based upon the estimates contained in the feasibility report presented at the public hearing held on December 18, 2001. Agenda Information Memo August 20, 2002 Y. PROJECT 751R, DODD ROAD, CLIFF ROAD TO BUTWIN ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 751R (Dodd Road, Cliff Road to Butwin Road - Street, Utility and Trail Improvements) with the owners of Parcel 10-03600-028-25 (4615 Dodd Road) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 751R provides for the urban upgrade of Dodd Road, between Cliff Road and Butwin Road, including sanitary sewer, water main, storm sewer and off-street bituminous trails, and a street connection between Dodd Road and TH 3 along Carol Street as outlined and discussed in the feasibility report. • On February 5, 2002, the City Council approved Project 751R, including the acquisition of all necessary easements. • The upgrade of Dodd Road required the acquisition of numerous permanent and temporary easements from the adjacent properties. • Cost estimates were obtained for all required easements. The estimated value of the easement for said property is $36,370.37. Staff has suggested an offer in this amount to the property owners. The property owners have consented to this offer. • An agreement between the City of Eagan and the owners of Parcel 10-03600-028-25 has been prepared providing for the payment of the acquisition of all necessary easements. • Engineering staff and the City Attorney's office have reviewed this agreement and found it to be in order for favorable Council action. ISSUES: • If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session. g~ Agenda Information Memo August 20, 2002 Eagan City Council Meeting Z. APPROVE RESOLUTION TO ISSUE AND SELL $3,550,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2002A ACTION TO BE CONSIDERED: To approve the resolution to issue and sell $3,550,000 General Obligation Improvement Bonds, Series 2002A. FACTS: • The City has completed a number of special assessment projects for which permanent financing is appropriate. • The projects, which are listed in the resolution, were assessed within the past two years. • Because of the favorable interest rate environment, principal repayment can be accelerated and, accordingly, the term of the bonds will be shortened from 15 years to 11 years, reducing the overall interest cost to the City. • The sale is scheduled to take place through competitive bids on September 17, 2002. ATTACHMENTS: Cxv • Enclosed on pages 1S ; through is the resolution authorizing the issuance and sale of these bonds. • Enclosed without page number is a copy of the sale recommendations as provided by Springsted. Extract of Minutes of Meeting of the City Council of the City of Eagan Dakota County, Minnesota Pursuant to due call and notice thereof, a meeting of the City Council of the City of Eagan, Minnesota, was duly held in the City Hall, in said City on Tuesday, August 20, 2002 at 6:30 o'clock P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION TO ISSUE AND SELL $3,550,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2002A, BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, as follows: 1. The City Council deems it necessary and expedient to issue and sell $3,550,000 General Obligation Improvement Bonds, Series 2002A, to provide financing of estimated costs in the minimum amount of $3,518,050, including contract price, construction interest and legal, fiscal and miscellaneous costs for certain local improvements of the City pursuant to the authority of Chapter 429, Minnesota Statutes, being constructed as Improvement Projects Nos. 742 (Wescott Woodlands), 775 (Advent United Methodist Church), 745 (Blue Gentian Road), 746 (Blue Water Road), 789 (Lone Oak Circle), 780 (Galaxie Avenue), 782 (Old Sibley Memorial Hwy), 787 (Chapel Hill Baptist Church), 754 (Hilltop Estates), 781 (Vienna Woods & Rahn Ridge), 783 (Wilderness Park), 749 (TH 55 South Frontage Road), 748 Johnny Cake Ridge Road), 798 (Canterbury Forest and Wedgewood), 797 (Letendre I` Addition), 799 (Eagandale Center Ind Parks), 668 (Load Oak Road) and 790R (Waiver 651) consisting of street, sewer, water and storm sewer improvements, and also to provide additional interest in the amount of $31,950 in the form of obligations as authorized by Section 475.56, Minnesota Statutes, consisting of bonds maturing in 2004. The City Council has made all necessary investigation and hereby finds and determines as follows: a. The City Council has held a public hearing after due notice regarding each such improvement and has ordered in each such improvement. b. Contracts for the construction of each such improvement will be entered into within the time prescribed by law. C. Each such improvement will be a special benefit to property in the City and that the total cost of such improvements is at least the amount set forth above. d. Special assessments for each such improvement may and will be levied on the benefited property in an amount equal to at least 20% of the cost thereof. 2. Sealed proposals for such Bonds will be received until 12:00 o'clock Noon on Tuesday, September 17, 2002 at the offices of Springsted Incorporated. The City Council will meet at the City Hall at 6:30 o'clock P.M. on the same day for the purpose of considering the proposals and negotiating the sales of the Bonds. The terms of the Bonds and the sale thereof shall be as set forth in the following Terms of Proposal, which are hereby approved. <'3 2 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $3,550,000 CITY OF EAGAN, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2002A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, September 17, 2002, until 12:00 Noon, Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 6:30 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated October 1, 2002, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2003. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 2004 $400,000 2007 $390,000 2010 $330,000 2013 $165,000 2005 $420,000 2008 $350,000 2011 $320,000 2014 $115,000 2006 $405,000 2009 $340,000 2012 $315,000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds, provided that no serial bond may mature on or after the first mandatory sinking fund redemption date of any term bond. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Last Year of Serial Maturities" and "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be e, W1 registered in the name of Cede 8 Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2009, and on any day thereafter, to prepay Bonds due on or after February 1, 2010. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited properties. The proceeds will be used to finance various improvement projects within the City. TYPE OF PROPOSALS Proposals shall be for not less than $3,518,050 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $35,500, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central rime, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through OTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Faegre & Benson LLP, of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terns for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City, as obligated person, will undertake, pursuant to a Continuing Disclosure Certificate, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon its receiving the Continuing Disclosure Certificate at or prior to delivery of the Bonds. • 111• OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 65 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 150 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (1) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated August 20, 2002 BY ORDER OF THE CITY COUNCIL /s/ Maria Karels City Clerk 3. The City has retained Springsted, Incorporated, an independent financial advisor, in connection with the sale as authorized by Minnesota Statutes, Section 475.60, Subd. 2(9), as amended. Adopted by the City Council on this 20th day of August, 2002. The motion for the adoption of the foregoing resolution was made by Councilmember , seconded by Councilmember , and upon vote being duly taken thereon, the following voted in favor thereof: and the following voted against the same: and the following were absent: WHEREUPON, said Resolution was declared duly passed and adopted the 20th day of August, 2002. STATE OF MINNESOTA ) COUNTY OF DAKOTA ) SS. CITY OF EAGAN ) I, the undersigned, being the duly qualified and acting Clerk of the City of Eagan, Dakota County, Minnesota, hereby certify that the above and foregoing Resolution No. is a true and correct copy of the Resolution as adopted by the City Council of the City of Eagan on the 20th day of August, 2002. City Clerk M1:903499.01 00 3 Agenda Information Memo August 20, 2002 Eagan City Council Meeting AA. APPROVE RESOLUTION TO ISSUE AND SELL $1,290,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2002B. ACTION TO BE CONSIDERED: To approve the resolution to issue and sell $1,290,000 General Obligation Improvement Refunding Bonds, Series 2002B. FACTS: • The City's fiscal advisor, Springsted, has recommended the City "refund" its General Obligation Improvement Bonds, Series 1998A. Refunding involves issuing new debt and paying off the old debt with the proceeds. • Because interest rates on the new debt will be lower than the old debt, and because issue costs can be lowered by combining this sale with the 2002A Series bonds, Springsted estimates the present value savings to the City to be approximately $30,000. • In a separate transaction to be approved at a later date, approximately $835,000 in cash in the 1998A debt service fund will be used to call (retire) a portion of the 1998A bonds on February 1, 2003, the earliest date the bonds can be called. The remaining outstanding debt of $1,250,000 will be refinanced over six years with this refunding issue. • The sale is scheduled to take place through competitive bids on September 17, 2002, at the same time as the sale of the 2002A Series bonds. ATTACHMENTS: • Enclosed on pages through is a resolution authorizing the issuance and sale of the 2002B bonds, and retirement of the Series 1998A bonds. • Enclosed without page number is a copy of the sale recommendations covering both bond sales as provided by Springsted. Extract of Minutes of Meeting of the City Council of the City of Eagan Dakota County, Minnesota Pursuant to due call and notice thereof, a meeting of the City Council of the City of Eagan, Minnesota, was duly held in the City Hall, in said City on Tuesday, August 20, 2002 at 6:30 o'clock P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION TO ISSUE AND SELL $1,290,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2002B, BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, as follows: I . The City Council deems it necessary and expedient to issue and sell $1,290,000 General Obligation Refunding Bonds, Series 2002B, to refund a portion of the City's outstanding General Obligation Improvement Bonds, Series 1998A. 2. Sealed proposals for such Bonds will be received until 12:00 o'clock Noon on Tuesday, September 17, 2002 at the offices of Springsted Incorporated. The City Council will meet at the City Hall at 6:30 o'clock P.M. on the same day for the purpose of considering the proposals and negotiating the sales of the Bonds. The terms of the Bonds and the sale thereof shall be as set forth in the following Terms of Proposal, which are hereby approved. ?10 3. The City has retained Springsted, Incorporated, an independent financial advisor, in connection with the sale as authorized by Minnesota Statutes, Section 475.60, Subd. 2(9), as amended. Adopted by the City Council on this 20th day of August, 2002. The motion for the adoption of the foregoing resolution was made by Councilmember , seconded by Councilmember , and upon vote being duly taken thereon, the following voted in favor thereof: and the following voted against the same: and the following were absent: WHEREUPON, said Resolution was declared duly passed and adopted the 20th day of August, 2002. [Balance of this page intentionally left blank.] 2 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL 51,290,000• CITY OF EAGAN, MINNESOTA GENERAL OBLIGATION REFUNDING BONDS, SERIES 20026 (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, September 17, 2002, until 12:00 Noon Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 6:30 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (631) 223-3000 or fax (651) 223-3046 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale speed above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated November 1, 2002, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2003. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 2004 $300,000 2006 $215,000 2008 $200,000 2005 $225,000 2007 $210,000 2009 $140,000 The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be in a total amount not to exceed $35, 000 and will be made in multiples of $5, 000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by s percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds, provided that no serial bond may mature on or after the first mandatory sinking fund redemption date of any term bond. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Last Year of Serial Maturities" and "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The Bonds will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited properties. The proceeds will be used to refund the February 1, 2004 through February 1, 2008 maturities and a portion of the February 1, 2009 maturity of the City's General Obligation Improvement Bonds, Series 1998A, dated April 1, 1998. TYPE OF PROPOSALS Proposals shall be for not less than $1,280,970 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $12,900, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in level or ascending order. Bonds of the same ~11~ maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT On or about, but not prior to, November 7, 2002, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Faegre & Benson LLP, of Minneapolis, Minriesota, and of customary dosing papers, including a no-litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City, as obligated person, will undertake, pursuant to a Continuing Disclosure Certificate, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon its receiving the Continuing Disclosure Certificate at or prior to delivery of the Bonds. ~y OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 50 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated August 20, 2002 BY ORDER OF THE CITY COUNCIL /s/ Maria Karels City Clerk S, STATE OF MINNESOTA ) COUNTY OF DAKOTA ) SS. CITY OF EAGAN ) 1, the undersigned, being the duly qualified and acting Clerk of the City of Eagan, Dakota County, Minnesota, hereby certify that the above and foregoing Resolution No. is a true and correct copy of the Resolution as adopted by the City Council of the City of Eagan on the 20th day of August, 2002. City Clerk M 1 .904320 01 3 Agenda Information Memo August 20, 2002 BB. APPROVE LIST OF ABSENTEE ELECTION JUDGES FOR THE SEPTEMBER 10, 2002 PRIMARY ELECTION ACTION TO BE CONSIDERED: To approve the list of absentee election judges for the September 10, 2002 Primary Election. FACTS: • The list of absentee election judges was inadvertently omitted from the list of judges approved at the August 6, 2002 City Council meeting. ATTACHMENTS: • Attached on page ~U is the list of absentee election judges for the Primary Election. September 10, 2002 Primary: Absentee Election Judges LAST NAME FIRST FISCHER ELAINE FLOOD KAREN HAZEL KIM LEE LORENE PEDERSON MARYJANE PERIN RUTH Thursday, August 15, 2002 Page I of I Agenda Information Memo August 20, 2002 Eagan City Council Meeting CC. CHANGE ORDER NUMBER 2, EAGAN CENTRAL PARK-BANDSHELL ACTION TO BE CONSIDERED: To approve change order #2 Eagan Central Park - Bandshell in the amount of $45,729.00 FACTS: Change order number 2 is being recommended for approval after review by the Architect, Construction Manager and staff and consists of the following items PCO 1003 This change is required to facilitate the addition of a screened enclosure for Excel transformer #02. This transformer is to feed the Bandshell, Pumping Station and other ancillary facilities. The modifications are in accordance with CNH Architects RFP#03. ADD $ 6,884.00 to Contract #02 - Gresser ADD $15,537.00 to Contract #16 - Peoples Electrical ADD $ 1,490.00 to Contract #04 - Ben's Tool and Iron ADD $ 1,320.00 to Contract #05 - Hawk and Son's ADD $ 943.00 to Contract #07 - Industrial Roofing ADD $ 188.00 to Contract # 06 - Cook Construction TOTAL these chanzes $ 26,362.00 Revised Bandshell Construction Budget $326,098.00 • A portion of this cost will be the responsibility of the Storm Water Utility fund as a result of a change in the previously planned enclosure now being eliminated. ATTACHMENTS None Agenda Information Memo August 20, 2002, Eagan City Council Meeting V. PUBLIC HEARINGS A. VARIANCE - KEN AND LISA SCHELLER (1042 SAVANNAH ROAD) ACTION TO BE CONSIDERED: To approve a 1.7 percent Variance from the maximum 20 percent building coverage standard in Residential zoning districts for the construction of a 216 square foot addition on property located at 1042 Savannah Road (Lot 5, Block 1, Lexington Square 3rd Addition) in the NW of Section 23. FACTS: • The subject site was platted as part of Lexington Square 3rd Addition, which is part of the Lexington Square development that included 372 single family lots. • The development is zoned PD (Planned Development) because the average lot area was proposed to be 10,549 square feet, with the smallest being 9,149 square feet. The minimum lot area in the R-1 (Residential Single Family) zoning district is 12,000 square feet. The subject site is 9,258 square feet in area. • Lexington Square 3rd Addition was approved with 20 conditions, one of which stated that no variance for setback or lot coverage shall be allowed except for topographic or vegetation reasons. • In Residential zoning districts building coverage is limited to 20 percent of the lot area. • The proposed addition meets all required minimum setbacks. • The elevation plan indicates the proposed addition blends with the existing architecture and materials of the home. • The applicant contends that the Variance is needed to accommodate additional living space for a first floor family room. ISSUE: • The condition upon which the Variance appears to be based is applicable to other properties within the PD zoning district. This property does not seem to exhibit a unique or special feature that would require or warrant relief from City ordinances. ATTACHMENT (1): Planning staff report, pages l v~ through 140 /OV PLANNING REPORT CITY OF EAGAN REPORT DATE: August 15, 2002 CASE: 23-VA-16-07-02 APPLICANT: Ken & Lisa Scheller HEARING DATE: August 20, 2002 PROPERTY OWNER: Same APPLICATION DATE: July 29, 2002 REQUEST: Building Coverage Variance PREPARED BY: Cynthia R. Kirchoff LOCATION: 1042 Savannah Road (Lot 5, Block 1, Lexington Square 3rd Addition) COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: PD, Planned Development SUMMARY OF REQUEST Ken and Lisa Scheller are requesting a 1.7 percent Variance from the 20 percent maximum building coverage standard in Residential zoning districts for the construction of a 216 square foot living space addition on property located at 1042 Savannah Road (Lot 5, Block 1, Lexington Square 3rd Addition) in the NW 1/4 of Section 23. 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: 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. ~O/ Planning Report - Scheller Variance August 15, 2002 Page 2 CODE REQUIREMENTS Chapter 11, Sec. 11.20, Subd. 6, F., states that "all buildings including accessory buildings together shall not cover more than 20 percent of the site area" in Residential zoning districts. BACKGROUNDIHISTORY The subject site was platted as part of Lexington Square 3' Addition, which is part of the Lexington Square development that included 372 single family lots. The development is zoned PD (Planned Development) because the average lot area was proposed to be 10,549 square feet, with the smallest being 9,149 square feet. The minimum lot area in the R-1 (Residential Single Family) zoning district is 12,000 square feet. The subject site is 9,258 square feet in area. Lexington Square 3' Addition was approved with nine conditions, one of which stated that no variance for setback or lot coverage shall be allowed except for topographic or vegetation reasons. EXISTING CONDITIONS A single family dwelling with two-stall attached garage, which was built in 1987, is present on the site. EVALUATION OF REQUEST Proposal - The applicant is requesting a Variance to allow for the construction of a 216 square foot (12 feet by 18 feet) first floor addition to an existing single family dwelling. The Zoning Ordinance limits building coverage to 20 percent of the lot area. The proposed building coverage is 21.7 percent. The proposed addition is on the rear of the home and meets all required setbacks, according to the site plan. The elevation plan indicates the proposed addition blends with the existing architecture and materials of the home. Variance Criteria - The Zoning Ordinance states that relief may be granted from a required ordinance provision provided that there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a demonstrable hardship or difficulty. Lexington Square deviates from the minimum lot size required by the Zoning Ordinance for properties zoned R-1 (Residential Single Family). The lot in question is only 9,258 square feet in area, but is comparable in area to other lots abutting Savannah Road. Thus, there are no special conditions applying to the property. One of the conditions of approval of the subdivision was that Variances from required setbacks or building coverage shall not be granted except for D~ Planning Report - Scheller Variance August 15, 2002 Page 3 topography and vegetation reasons. The request does not seek relief to preserve trees or topography. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but may be inconsistent with the intent of the Zoning Ordinance. That is, the purpose of the building coverage provision is to prevent the overcrowding of properties and to provide green area for the health of the community. Since the request is to exceed this maximum requirement, it appears to be contrary to the intent of the ordinance. Further, it is contrary to the original conditions of approval of the subdivision. A demonstrable difficulty is required to grant relief from the maximum building coverage requirement. The applicant is requesting an additional 1.7 percent of building coverage to allow for the construction of a 216 square foot living space addition. It must be noted that any addition would require a Variance because the home already occupies 19.3 percent of the lot. The property has the same use as those within 200 feet and the same opportunity to construct a single family home with two-stall garage without relief from the Zoning Ordinance. However, relief from this Zoning Ordinance provision has been granted within Lexington Square. In May, the City granted a two percent Variance from the maximum 20 percent building coverage to allow for the construction of an addition on property located at 1000 Kettle Creek Road (Lot 12, Block 2, Lexington Square 7' Addition). APPLICANT'S ESTIMATE OF HARDSHIP "The reason why we would like to have this addition is for the added space it will give our family. We like the City of Eagan and do not want to leave. We cannot afford to buy a bigger house in the city at the present time. The sunroom would give use a much-needed main floor family room and the added square footage we would like our house to be. We have talked to our neighbors and they think that it is a great idea. We are having the room professionally built and feel it will enhance not only our property but our neighbors as well." SUMMARY/CONCLUSION Ken and Lisa Scheller are requesting a building coverage Variance to construct a living space addition. A single family dwelling with a two-stall garage is present on the site. According to the survey, the addition meets all other minimum and maximum bulk standards. The condition upon which the Variance appears to be based is applicable to other properties within the PD zoning district. This property does not appear to exhibit a unique or special feature that would require or warrant relief from City ordinances. It is similar in size to other lots within the Lexington Square development. A determination regarding relief from the ordinance is considered a policy matter to be determined by the City Council. /a3 Planning Report - Scheller Variance August 15, 2002 Page 4 ACTION TO BE CONSIDERED To approve a 1.7 percent Variance from the 20 percent maximum building coverage standard in Residential zoning districts for the construction of a 216 square foot addition located at 1042 Savannah Road (Lot 5, Block 1, Lexington Square 3'd Addition) in the NW 1/4 of Section 23. 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. Lot coverage shall not exceed 21.7 percent. a Eagan Boundary PareN Area Ana Location Map Street ne Building Footprint Z ~ ~ J Sub'ect Site r yJ~ '3 ? ~ J 7" 3 a 3 . ~ 7 3 ~ ~ ' j ~ a ~ V^ a Y~ 1000 0 1000 2000 Fml Development/Developer: Ken and Lisa Scheller Application: Variance Case No.: 23-VA-16-07-02 C/o Map Prepared using ERSI Arc View 7.1. Parcel be" rasp data provided by Dakota County Land Survey Department and is current as of March 2002. TH13 MAP 13 INTENDED FOR REFERENCE USE ONLY W E City of Eagan t. N N t g 4 The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S Csrnmunny DeveleprrwM Depart~nt not responsible for error* or omissions. won= r fy~ on r• •~at• ~w =ft a ~aN~a gnome -*oft WON w.Wrr f.Rommmr."" 4 V form* 0 &,I •wwr 4 A..rW fr"Nor mft~ aa. s r■ Owtiflaa►te of evrvey fsr Geo!:~e- VAAhIAH ROAD O M - 50' 2 ' E. fn - A N OR rH $~1 75-00 c d92 ~ 0 v o 1 °o q~ a y> ~ _f O 22.0 it.u 0 ` O ~ ut ~t I W ~ . - O q N LO I I~ M O C-i Z ~ ~ yY 1 i5 Da M 0' I I 1' 5I PROPOSED PORCH d3 ~ ~ a q .3 ?5.00 S,17•30• 27• W.. Semir4s Show are Assn/ e Denotes Iron ranuasnt o Denotes 'IMPOSED ELEVATIOM Oenwtes Existing Elevation .s • Denotes imposed Elevation Top of Gloclk )75' Denotes Direction of Surface Drain Lowest floor 7 S Denotes Dral wpo - and KIM,' Garage floor i LOT__5 BtOCK SURVEY 4- ;mss . ~.I X11 ~ V ~ ~ J I _ FT,, b ` .o n0~ nz:; u ^a~ 7 \ I i I = o _ J 3 u = U ~ U r N - Q ` p0~'W Cl x ~ w z o~ a x x S \ p ~ V. z S T S Q b ~ V C7 _ of ~ a d J \ i \ ~I ` ~ ~ o ~ Z o rv 1 \13 v ~ W Nxk CD U V r1 .s. CY7. y p v - r o - Y I I b b U m I ~ J rib t---- I ! ~ UI s _ I I ~ .II ~ moo`" • I i j j I 2~ I i PORCH ELEVATIONS August 6, 2002 City of Eagan Dear Sir or Madam: We would like to add a three-season sunroom onto the back of our house. We had our permit denied due to the size of our home and lot. The reason why we would like to have this addition is for the added space it will give our family. We like the city of Eagan and do not want to leave. We cannot afford to buy a bigger house in the city at the present time. The sunroom would give us a much-needed main floor family room and the added square footage we would like our house to be. We have talked to all of our neighbors and they think it is a great idea. We are having the room professionally built and feel it will enhance not only our property but our neighbors as well. Sincerely, ~ S Ken and Lisa Scheller NARRATIVE Agenda Information Memo August 20, 2002 Eagan City Council B. VARIANCE - WILLIAM AND JENIFER ORR ACTION TO BE CONSIDERED: To approve a seven-foot Variance to the maximum ten foot accessory structure wall height for a pool house on property located at 3537 Great Oaks Place, legally described as Lot 7, Block 1, Great Oaks in the NE 1/4 of Section 14. FACTS: • On May 7, 2002, the City Council approved an amendment to the zoning ordinance regarding accessory structures in residential zoning districts. One of the provisions adopted with the amendment restricts the wall height of detached accessory buildings to no more than 10 feet. • The Orr's are requesting a Variance to the ten-foot wall height limit to allow for construction of a pool house on a slope in their rear yard. • The proposed pool house is 18 feet by 14 feet in area (252 sq. ft.), will be the only detached accessory structure on the lot, and satisfies setback and area requirements. • The proposed pool house will be located adjacent to the pool and built into the hillside such that the side of the structure facing the pool will have a wall height of about 8 feet, while the opposite side will have a wall height of about 17 feet. Suitable locations for the structure are limited because of slopes, retaining walls, easements and trees. • The applicant's narrative indicates that their plan "is to make this accessory building attractive and to match our existing house" and that siding, colors and windows on the pool house will match the house. ATTACHMENTS (1): Variance Report, pages ILA through//So /D 9 PLANNING REPORT CITY OF EAGAN REPORT DATE: August 14, 2002 CASE: 14-VA-17-07-02 APPLICANT: William and Jenifer Orr HEARING DATE: August 20, 2002 PROPERTY OWNER: William and Jenifer Orr APPLICATION DATE: July 29, 2002 REQUEST: Variance PREPARED BY: Pamela Dudziak LOCATION: 3537 Great Oaks Place COMPREHENSIVE PLAN: Low Density Residential ZONING: Single-family Residential SUMMARY OF REQUEST William and Jenifer Orr are requesting a seven foot Variance to the maximum ten foot accessory structure wall height for a pool house at 3537 Great Oaks Place, legally described as Lot 7, Block 1, Great Oaks in the NE'/4 of Section 14. 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: 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. CODE REQUIREMENTS On May 7, 2002, the City Council approved an amendment to the zoning ordinance regarding accessory structures in residential zoning districts. The ordinance reads as follows: //0 Variance Report - William and Diane Orr August 20, 2002 Page 2 1. No accessory use or building shall be allowed within a required front yard setback. With the exception of an attached garage, no accessory building or structure may be placed within the front yard. 2. No building permit shall be issued for more than two detached accessory buildings for each single family dwelling. 3. Accessory buildings greater than 150 square feet in size shall comply with the following setbacks: From side yard Interior 5 feet Corner 30 feet From rear yard 5 feet 4. When an attached accessory use is present on the site, the total floor area of all detached accessory structures shall not exceed 576 square feet. 5. When an attached accessory use is not present on the site, the total floor area of all detached accessory structures shall not exceed 800 square feet. 6. No accessory building or structure shall have side walls that exceed 10 feet in height. 7. The roof of all detached accessory structures shall match the pitch and style of the principal structure. BACKGROUND/HISTORY This property is platted and contains a single-family home that was constructed in 1997. EXISTING CONDITIONS The rear yard is flat for about 80 feet out from the house, and then slopes downward with an elevation change of more than 40 feet. The east side of the yard slopes up to the adjacent lot and is terraced. The west side of the property contains an easement for a storm sewer pipe. EVALUATION OF REQUEST The proposed pool house is 18 feet by 14 feet in area (252 sq. ft.), will be the only detached accessory structure on the lot, and satisfies setback and area requirements. The proposed pool house will be located adjacent to the pool and built into the hillside such that the side of the structure facing the pool will have a wall height of about 8 feet, while the opposite side will have a wall height of about 17 feet. The upper level will be a three-season porch on the same level as the pool, and the lower level is tucked into the hillside and will be used for storage of pool equipment, chemicals and winter storage for outdoor furniture. While the property appears to have ample yard area, suitable locations for such a structure are limited because of slopes, retaining walls, easements and trees. The proposed location is screened by topography and vegetation from neighboring lots. Variance Report - William and Diane Orr August 20, 2002 Page 3 APPLICANT'S ESTIMATE OF HARDSHIP The applicants have submitted a site plan showing the swimming pool and proposed pool house. Detailed plans of the pool house showing its appearance from various directions are also included. A narrative also was submitted. The applicants state that their plan "is to make this accessory building attractive and to match our existing house." The applicants' narrative indicates that siding, colors and windows on the pool house will match the house. The applicants' narrative states: "Without the approved variance, we would have to build the pool house on stilts with a crawl space underneath. This would be a waste of useable space for us and the `foot print' on the property would be the same size regardless." Additionally it states, "the area surrounding our backyard is heavily wooded with no neighbors near this project." SUMMARY/CONCLUSION In summary, the applicant is requesting a Variance to the maximum wall height for a detached accessory structure. The applicants' stated hardship is the slope of the land. The pool house has been designed to accommodate the slope with a walk-out lower level. This design results in a wall height on the side of the structure facing away from the pool approximately 17 feet in height, while it is only 8 feet in height on the side facing the pool. The proposed pool house satisfies the other City Code requirements for setbacks, area, architectural design and compatibility, etc. The applicants have made an effort to custom design the structure to fit the lot. The two-level design minimizes the footprint area occupied by the structure, and the materials and design will match the house. To obtain the same amount of recreational and storage space on flat ground, the structure would occupy a larger footprint area. ACTION TO BE CONSIDERED To approve a seven-foot Variance to the maximum wall height for a detached accessory structure for a pool house at 3537 Great Oaks Place, legally described as Lot 7, Block 1, Great Oaks. If approved, the following conditions shall apply: 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 pool house shall be constructed according to the plans dated July 8, 2002. 3. The exterior materials and colors of the pool house shall match those of the principal structure and the roof shall match the pitch and style of the principal structure. //CWZ Variance Report - William and Diane Orr August 20, 2002 Page 4 4. The pool house shall be subject to all other City Code standards applicable to detached accessory structures. 5. A building permit is required prior to commencement of construction on the pool house. Eagan Boundary Location Map N~P::,Ar:a""ne Building Footprint t? wl~ Sub'ect Site z c tr t3 CLI 1000 0 1000 2000 Feet Development/Developer: William and Jenifer Orr Application: Variance Case No.: 14-VA-17-07-02 (2;) Map Prepared using ERSI AreVkew 7.1. Parcel bass map data provided N by Dakota County Land Survey Departrnem and Is current as of March 2002. City of Eagan TNIS MAP IS INTENDED FOR REFERENCE USE ONLY W E M S C 7 fi The City of Eagan and Dakota County do not guarantee the accuracy of this Information and an S Corr.murity Development Department not responsible for errors or omissions. w M 24x,11.,0,10. °,o Y.20[15 - Iltlyhl., LN !5170 ;I-'-~•l~~A~ v~i .PM.bw~Ml l~wW (~~Z) N~~11h~ f~d~-~~ .f l~pena wrla~ y , ••>•vn 670 M~ynwo ,o Of. O 3 * r (s 1!) 7e.}-1M0 IF 763-IM3 \ ~°n76 a `sA r~ +~EKIS'IF!' 877.3 ('9 Certificate of Survey for: 14769 c'~` 00 H. A. KU i BENCH MARk ZI 7OP OF ppIIPEE ` SERVICE-- 3 7 5GREAT OAKS PLACE ELEV.=8fi>3E8 - RIM=867.9 10 1 lot~~ 87o p g~ / /'~1<•'~ +881.2 867.4 1Aiqz .1~~~~ / as \ p 91. 888 / ©ENCI~ fA/RI( Z I , ( i ROPO \ l ppp~ TOP D' PIP[. o` ¢t;, ry '"nusSEO \ N ,,D ° ELE'! =D9) 2.7' CARAC ( c N ~t Q0~ 871.17%4 \A \ \ JO` h4 ddd ~ m n . ,>~4JP 1170.9 j a~Qpol ° cS •r ,n 90.6 IJ w N J -I x ^ ~0 897.4 - _ r+° ~ 887.6 ~ 1 ~ I I N rn s~ t r / L m S69 u7' M OOR~G 1 ° ~L6`,• 94 9) Out Nf1'Yt,^F ZN 0/ 01,(07' S + ~p7 h --EDGE OF POND PER PLAT R POND 4'14 14YIL=831 0 L 1 SCALE ; 1 INCH - 4n FEET 1 J `Ilfct 9 roc 7 clcc rc s W. N ap airQ ~ a~ ~c :Q: cam. g Fyy(F( p f7 III , W.... ~ R rv EEED O 1. a ~ I I I I J - $ W ~It}Q~IR r K N i • - Rz ; 'RINI M - 9 18 SIB < 2 : o W o f -dim - b K ]3 S b ~ s Yf N - A r e - 1, LL - ~a9 i 8; LL 0000~~, Orr Pool House Proposal We request a variance on our proposal to build a pool house on our property. Specifically, we request approval for a side and back wall height of approximately 17 feet on this project (new city ordinance only allows for 10 feet). Our lot is approximately 1.7 acres in size. Our existing house is approximately 3,700 square feet and there are no other buildings on the lot. The back yard is flat for the first 80 feet behind the house and then slopes away into a heavily wooded area and a drainage pond. We plan to put an in-ground pool in the flat part of our back yard. This pool will be about 60 feet behind the house. The proposed pool house would be adjacent to the pool, on the edge of the wooded hillside. This is in the middle of our property and well away from any necessary set backs, easements, and the 100-year flood level of the drainage pond. The proposed pool house is 18 X 14 feet (252 sq ft) in size and has two levels. The top level would serve as a three-season porch with doors at the same level as the pool deck. Steps along the side of the structure would lead to the bottom level, which will have a side door. We plan to use the bottom level as storage for pool equipment, pool chemicals, and outdoor furniture during winter months. We also plan to store gardening tools there. The outside of the pool house will have siding, windows, and coloring to match our existing house. Plans call for frost footings as well. The proposed pool house will be on a hillside directly adjacent to the pool (see plans). The side facing the pool,,AU have a wall height of about 8 feet. However, because the back side (facing south) of the proposed project is on a hillside, the wall will be approximately 17 feet high. Without the approved variance, we would have to build the pool house on stilts with a crawl space underneath. This would be a waste of useable space for us and the "foot print" on the property would be the same size regardless. Our plan is to make this accessory building attractive and to match our existing house. The area surrounding our backyard is heavily wooded with no neighbors near this project. Nevertheless, we have discussed this project with our closest neighbors and with our neighborhood association. All approve of this project and, indeed, have voiced encouragement to us. We hope the Eagan City Council will consider granting us this variance. Thank you. Respectfully Submitted, William and Jenifer Orr 3537 Great Oaks Pl. Eagan, MN 55123 Agenda Information Memo August 20, 2002 Eagan City Council VII. OLD BUSINESS A. FINAL SUBDIVISION AND FINAL PLANNED DEVELOPMENT (OLSON-BURGER ADDITION) - CARL OLSON AND RICHARD BURGER/HEARTH TECHNOLOGIES, INC. ACTION TO BE CONSIDERED: To approve a Final Subdivision to create three lots on 6.68 acres located at Northwood Parkway and Denmark Avenue in the S% of Section 10. Approval of the final subdivision includes the vacation of a portion of the Denmark Avenue right-of-way which is incorporated into the final plat. To approve a Final Planned Development for Lot 1, Block 2, Olson-Burger Addition for construction of a 12,833 sq. ft. retail store. FACTS: • The Council approved the Preliminary Subdivision and Preliminary Planned Development on July 6, 1999. The Preliminary Subdivision approval was extended in July of 2000 and August of 2001. The Preliminary Planned Development was approved for a five-year term. • The Final Subdivision includes a portion of Denmark Avenue right-of-way. The City held a public hearing on August 6, 2002 regarding the request to vacate the Denmark Avenue right- of-way. The Council withheld final action on the vacation at that time to occur simultaneously with the Final Subdivision approval. • Lot 1, Block 2 is proposed to be developed with a retail fireplace store. The use and the final development plans for this lot are consistent with the Preliminary Planned Development Agreement. • All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS: Final Plat, page )2_0 ~y\ Y~ ` s. \ a I ~ ~ I I \ t t i \ j ti I do ~ \ I -2 6 ir, S pT \ +t po Agenda Information Memo August 20, 2002 Eagan City Council Meeting B. CONTRACT 02-17, (CEDAR GROVE AND CENTRAL PARKWAY - STREETSCAPING) ACTION TO BE CONSIDERED: 1. Award Contract 02-17 (Cedar Grove and Central Parkway - Streetscaping) to the low bidder, Jay Brothers Inc. for the base bid amount only and authorize the Mayor and City Clerk to execute all related documents: or, 2. Reject the bids for Contract 02-17 (Cedar Grove and Central Parkway - Streetscaping) and authorize the plans to be revised to remove the street lighting system and re-bid, extending all affected completion dates. FACTS: • Contract 02-17 provides for the installation of various streetscaping elements (lighting, plantings, monuments, etc) for Project #813 (Central Parkway) and #866 (Cedar Grove). The completion dates for Central Pkwy/Cedar Grove are: all lighting, irrigation, monuments, fencing, etc - Dec. 15/Dec. 15, with the plantings - April 30/June 20 respectively. • On August 1, 5 bids were received as a result of a formal bid solicitation. Although the final bid was within 1% of the original feasibility report estimate, it exceeded the engineer's estimate by 18%. Also, alternate bids were solicited for a possible long term (20-year) maintenance agreement for the street lighting system, if installed by a private company other than Xcel Energy. The low bidder proposes to have the lighting system installed by Honda Electric. • As a result, the Council continued consideration of this contract award for 2 weeks to allow staff an opportunity to review these cost and maintenance issues. ISSUES: • Xcel Energy provides life long maintenance of street lighting systems under the terms of a special monthly energy rate schedule. However, Xcel will not maintain systems installed by others and Dakota Electric Assoc. does not install ornamental lighting nor the style of light fixtures selected by the Council. If the contract is awarded as presented, it will require the City to maintain this lighting system through an expansion of the current time & material maintenance agreement with Dakota Electric Assoc. If the lighting system were deleted from this contract and installed separately by Xcel Energy under the City's current ongoing Street Lighting Contract, Xcel would perform the maintenance as part of their monthly energy rate fees. • After meeting with the low bidder, it is uncertain as to whether there might be an opportunity to possibly achieve some additional cost savings if the City were to re- advertise late this year with an extended completion date (i.e. fall of 2003), to minimize the conflicts and multiple mobilizations associated with the current road construction in each area. ~a~ Agenda Information Memo August 20, 2002, City Council Meeting C. REZONING AND PRELIMINARY SUBDIVISION - GREYHAWK 1sT ADDITION (MARK GERGEN) ACTION TO BE CONSIDERED To approve a Rezoning of approximately 5 acres from A (Agriculture) to PD (Planned Development) and a Preliminary Subdivision (Greyhawk I" Addition) consisting of 15 lots and three outlots located in the SE'/4 of Section 20, subject to the conditions in the June 25, 2002, APC meeting minutes. FACTS: • The subject site overlays two parcels, an unplatted parcel and Lot 3, Block 1, Blackhawk Plaza. • The applicant would like to develop the Greyhawk townhome project in two phases. • At this time, the applicant is seeking development review approval for the unplatted parcel only. • The subject site is guided MD (Medium Density Residential - 4 to 12 units/acre). • Townhomes are consistent with the MD land use designation. • The first phase includes 14 townhomes, and the existing single family dwelling. • Outlot C is reserved for future townhomes, and Outlot A is for future access to the exception parcel to the north. • The development is proposed to have access via Blackhawk Road. ATTACHMENTS June 25, 2002, APC meeting mmut , page 0 to y Revised Prelimin Plat, page Site Plan, page Letter from applicant, page ~a City of Eagan Advisory Planning Commission Meeting DRAFT June 25, 2002 Page 17 G. REZONING & PRELIMINARY SUBDIVISION - MARK GERGEN & ASSOCIATES A Rezoning of approximately 8.4 acres from A (Agriculture) and RB (Roadside Business) to PD (Planned Development) and a Preliminary Subdivision (Greyhawk Townhomes) to create 44 lots for townhomes, one lot for a single family dwelling and three Outlots, located north of Blackhawk Plaza between Blackhawk Road and 35-E in the SE '/4 of Section 20. Planner Kirchoff introduced this item and highlighted the information presented in the City Staff Report dated June 21, 2002. She noted the background and history. Mark Gergen described the position of the proposed tree protection fence. He displayed a color rendering of the proposed townhomes. He stated the street width would be 28 feet, indicating the need for a private street. Chair Huusko opened the public hearing. Four Eagan residents were present and expressed concern for the preservation of existing trees along the common property line, maintenance of green space and ground water run off. They also stated concern with traffic safety, access through the shopping center and tree preservation to help with noise control from the recreational area. There being no further public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Mr. Gergen described proposed tree preservation along the property line abutting the townhome development. He stated the proposal is for a tree fence eight feet from the property line, leaving the underbrush. Member Kaess moved, Member Segal seconded a motion to approve the Rezoning of approximately 8.4 acres from A (Agriculture) and RB (Roadside Business) to PD (Planned Development) and a Preliminary Planned Development for 44 townhomes, one single family dwelling, and three outlots on 4106 and 4150 Blackhawk Road (Lot 3, Block 1, Blackhawk Plaza) located north of Diffley Plaza and west of Interstate Highway 35E in the SE'/4 of Section 20 subject to the following conditions: 1. The applicant shall enter into Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. This Planned Development is for 44 townhomes and one single family dwelling. 3. ' The term of this Planned Development shall be five years. /4013 City of Eagan Advisory Planning Commission Meeting' June 25, 2002 Page 18 4. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: a. Final Site Plan b. Final Building Elevations Plan c. Final Tree Preservation Plan d. Final Landscape Plan e. Final Lighting Plan f. Final Signage Plan 5. The landscape plan shall be prepared by a state-registered landscape architect or certified nurseryperson. 6. The landscape plan shall be revised to incorporate the following: a. The grading plan shall be incorporated into the landscape plan. b. Additional deciduous trees and shrubs shall be planted throughout the development. c. Minimum landscape requirements shall be met in addition to the required tree mitigation. d. Interstate Highway 35E noise abatement shall include coniferous trees. e. An irrigation system shall be provided. 7. Townhome elevation plans shall be revised to incorporate the following: a. Relief shall be provided with the use of at least two materials. b. Windows shall be provided on side elevations. c. At least four different styles of garage doors shall be used to add variety. d. Accent trim shall be added around all windows 8. The following are minimum structure, including deck, setbacks: a. Site perimeter - 30 feet. b. Property line adjacent to Interstate Highway 35E - 50 feet. c. Private through street - 25 feet. d. Private cul-de-sac - 20 feet. 9. Light fixtures shall be shielded to reduce glare. 10. All light fixtures on poles shall not exceed 20 feet in height. 11. Freestanding signage shall comply with the City Code. 12. The recreation area shall be incorporated into the interior of the development. Member Steininger expressed opposition and stated the property should be zoned R-3. A vote was taken. City of Eagan Advisory Planning Commission Meeting y . June 25, 2002 Page 19 Aye: Chair Huusko, Bendt, Nosbush, Kaess, Segal and Stackhouse. Nay: Steininger. Motion carried 6-1. Member Kaess moved, Member Segal seconded a motion to approve Preliminary Subdivision to create 45 lots and three outlots on 8.235 acres (Greyhawk Townhomes) on property located at 4106 and 4150 Blackhawk Road (Lot 3, Block 1, Blackhawk Plaza) north of Diffley Plaza and west of Interstate Highway 35E in the SE '/4 of Section 20 subject to the following conditions: Standard Conditions 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: B1, 3, 4; Cl, 2, 4; Dl; El Plattin 2. The property shall be platted. Parks and Recreation 3. The proposal shall be subject to cash park and trail dedication. Tree Preservation 4. To require that the applicant fulfill tree preservation mitigation through the installation of 21 category A trees. 5. The applicant shall submit a revised Tree Mitigation Plan addressing the following recommendations: a. Mitigation trees shall be planted in more "natural" areas, (around ponds or along external property lines) while reserving "plantable" areas along roads and between buildings for landscape requirement trees. b. Coniferous trees (spruce or pine) shall not be planted near buildings, vehicle intersections, and trails. c. Tree species and caliper shall be noted on the Tree Mitigation Plan (and the Landscape Plan). 6. To acknowledge that the applicant will preserve tree #45 by transplanting it to an area near the west pond. 7. To require that Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) 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. I~~ City of Eagan Advisory Planning Commission Meeting June 25, 2002 Page 20 8. To require that the applicant contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Water Quality 9. This development shall be responsible for a cash dedication in lieu of ponding. Erosion Control 10. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development shall also be subject to the City's recently codified land disturbance and erosion control regulations. Easements 11. The vacation of the existing easements shall be petitioned by the developer and approved by the City Council at time of final subdivision. 12. If the property owner of Parcel 010-78 is agreeable to accepting a private street access easement covering the private streets within the Greyhawk development for possible use with its future development, the applicant shall prepare and record the easement subject to review and approval by the City Attorney. Townhome Association 13. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a Townhome Association. The documents should be submitted and approved by the City Attorney's office prior to Final Subdivision approval. Transfers of common areas to the Townhome Association shall be recorded with the subdivision. 14. The Townhome Association shall own Outlot B. 15. The recreation area shall be platted as an outlot and owned by the Townhome Association. All voted in favor. ~a6 N _i]r~.f t~ iq LL ~ w d r 97 ~ 7qq7 Id - 3 e D ~ - 3 1 i - 6. - WI ~ o a g~ g~ i~ E i S? c ~ i u~ o of n o Q u o a i i I. I III;,j , i ' z 5 ° W i3 ° ,rl F oI ° o ~ < w w ~ III) 1 O , rd p4- 4 a o 7, Y'3 Ftt-~~ ) JS1L I I ~ p o w- . w- . ~ ~ I ~Q to 6 A' r ~p• - C 532:1 A I II ~ x I ~ I ° .R i = I L~I~I I I m m ~-~1 ~f6 91 - 1 ~ I I I ; ~a s T 8' ~ 8. ~ 1 I I I I rr O> p k ~s I I I ~ ~ moo I n yep` I ' d I ~ I ❑ o I j ~ 9 ~ • I I I I w tti v ~ I ~ I REVISED PRELIMINARY PLAT ~a ~ ; L W ~zm N R g ' g w LL sP a w w W N u ~r u u 0 0 o LLI A JI I I I I I UJ U) i ^I ' w ~ ~ ~ ICI [.;~yl'.' 7 1r j a V) j zz 0- u, a O z U' 3 a O LTa - U OL 2 o.r i U ~i a° z v r ~ y Q~ I U mo' w \ - Y u0 R ~ \ \ ~ lJ ~ I r "6 O ~ m dw -Z L'p \ ~I i =iV \ ~ SITE PLAN August 13, 2002 Ms. Cynthia R. Kirchoff City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1287 Dear Cindy, The purpose of this letter is to request that the City of Eagan consider granting Mark Gergen and Associates preliminary plat approval of Phase One of the Greyhawk Development, currently under consideration at the Metropolitan Council. To date, we have not presented the development to the City in phases. However, information received recently has invited us to consider a new, phased approach. The main purpose for this new, phased approach to the development is the information we received from you recently, indicating that we cannot expect Metropolitan Council approval until September 26- 2002. This is much later than we had earlier hoped. Met Council approval only applies to the property at Lot 3, Block 1 Blackhawk Plaza (which would become Phase Two). Hugh and Judy Stewart (sellers of the 4106 Blackhawk Road property) are feeling some time pressure to close on the transaction. My associates and I remain eager to build a model townhome this calendar year. Given that it is mid-August and the build'season in Minnesota is weather-dependent, it would be extremely helpful if we were able to proceed on Phase One, while waiting for Met Council approval of Phase Two (Lot 3, Block 1 Blackhawk Plaza). To clarify, Phase One would consist of the property at 4106 Blackhawk Road. It would be the first three-townhouse buildings consisting of 14 units running east on Raptor Road, off of the Blackhawk Road entry to the development. Attached are the engineered drawings of our plans for Phase One. When approval of Lot 3, Block 1 Blackhawk Plaza is (hopefully) received in late- September, we would be well positioned to proceed with the preliminary plat approval process of Phase Two. We certainly appreciate the careful consideration of the City Council of this request and are hopeful to appear on the agenda for the upcoming meeting on August 20th. Please call me at 612-414-7143 should you have any questions. Sincerely, Mar Gergen A-L-r Mark Gergen & Associates, Inc. Cc: Mike Ridley NARRATIVE Agenda Information Memo August 20, 2002 Eagan City Council VII. NEW BUSINESS A. PRELIMINARY SUBDIVISION (HEINE 2ND ADDITION) - WILLIAM HEINE AND JOHN & LAURA BURBACH ACTION TO BE CONSIDERED: To approve a Preliminary Subdivision (Heine 2°d Addition) to create two single-family lots, on 1.6 acres located at 1480 and 1490 Diffley Road in the NE 1.4 of Section 28, subject to the conditions listed in the Advisory Planning Commission minutes. FACTS: • The site contains two existing single-family dwellings, constructed in the 1970s. • The site consists of two lots which were created with the Heine Strasse Addition 1977. There is no new development associated with this request. • The current lot configuration consists of two rectangular lots, both having frontage on Heine Strasse Raod. Lot 1 occupies the northern 100 feet, and Lot 2 the southern 165 feet. • While both existing lots have frontage on Heine Strasse Road, both take access from Diffley Road. Diffley Road was widened in 1990 and a median was installed restricting full turning movements to the Heine Strasse Road intersection with Diffley Road. • The proposed subdivision would reconfigure the lot line between the two houses, containing the corresponding driveways and other improvements associated with each house on its own lot. • During its review of the plat, Dakota County raised a concern about maintaining legal access for both houses to Heine Strasse Road because the driveways to Diffley Road do not meet County spacing guidelines. For this reason, Dakota County requires an ingress/egress easement benefiting proposed Lot 1 over the northerly portion of proposed Lot 2. • The Advisory Planning Commission held a public hearing on July 23, 2002, and did recommend approval, subject to the conditions in the APC minutes. ATTACHMENTS (2): September 25, 2001, APC Minute , pa es k 1 Staff Report, pages ~through !3o DRAFT MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA July 23, 2002 A. PRELIMINARY SUBDIVISION - WILLIAM HEINE & JOHN & LAURA BURBACH Preliminary Subdivision (Heine 2°d Addition) to move a lot line between two existing developed lots, legally described as Lots 1 and 2, Block 1, Heine 151 Addition, located at 1480 and 1490 Diffley Road in the NE'/4 of Section 28. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated July 18, 2002. She noted the background and history. Chair Huusko opened the public hearing. There being no public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Member Bendt inquired about the location of the driveway easement. Planner Dudziak pointed out the driveway on the site map and explained that there is currently no easement, however condition three describes the recommendation for the easement. Member Segal moved, Member Bendt seconded a motion to approve the Preliminary Subdivision (Heine 2"d Addition) to move a lot line between two existing developed lots, legally described as Lots 1 and 2, Block 1, Heine 151 Addition, located at 1480 and 1490 Diffley Road in the NE 1/4 of Section 28 subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B3, and B4 2. The property shall be platted. 3. An ingress and egress easement shall be provided for Lot 1 over the northerly portion of Lot 2. The easement documents shall be submitted to the City Attorney for review and approval prior to final subdivision approval. All voted in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: July 18, 2002 CASE: 28-PS-12-06-02 APPLICANT: William Heine HEARING DATE: July 23, 2002 PROPERTY OWNER: William & Judy Heine APPLICATION DATE: June 19, 2002 John & Laura Burbach REQUEST: Preliminary Subdivision PREPARED BY: Pamela Dudziak LOCATION: 1480 & 1490 Diffley Road COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST William Heine is requesting approval of a Preliminary Subdivision (Heine 2nd Addition) to create two lots, on approximately 1.6 acres located at 1480 and 1490 Diffley Road in the NE '/4 of Section 28. There is no new development proposed with this subdivision. The proposed subdivision reorients the dividing line between the two lots to follow the natural land features and improvements associated with each of the two houses (driveways, fence line, trees, etc.). AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. /3~ Planning Report - Heine 2"d Addition July 23, 2002 Page 2 C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY Heine First Addition was platted in 1977. The house on Lot 2 was constructed prior to that platting in 1974, and the house on Lot 1 was constructed in 1978. Diffley Road was widened in 1990, and a median was installed in this location restricting full turning movements to the Heine Strasse Road intersection with Diffley Road. 133 Planning Report - Heine 2"d Addition July 23, 2002 Page 3 EXISTING CONDITIONS There are two existing single-family homes on the subject site, which is located at the southwest comer of Diffley Road and Heine Strasse Road. The southwestern portion of the site contains a pond. The site consists of two lots, which were created with the Heine Strasse Addition in 1977. Lot 1 currently occupies the northern 100 feet of the site, and Lot 2 the southern 165 feet. While both lots have frontage on Heine Strasse Road, access is currently taken from Diffley Road for both lots. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Residential, Townhomes PD, Planned Development MD, Medium Density and and Single-family and R-1, Single-family LD, Low Density Residential South Single-family homes R-1, Single-family LD, Low Density Residential East Single-family homes R-1, Single-family LD, Low Density Residential West Heine Pond; P, Park; P, Park; Townhomes PD, Planned Development MD, Medium Density Resid. EVALUATION OF REQUEST Lots - The proposed subdivision would reconfigure the lot line between the two houses. The lot division currently runs due east and west, creating two rectangular lots with frontage on Heine Strasse Road. However, since both lots take access from Diffley Road, the driveway serving Lot 2 crosses the eastern portion of Lot 1. The proposed subdivision would contain the corresponding driveways and other improvements associated with each house on its own lot, as well as divide the pond area within the site more evenly between the two houses. Lot 1 Lot 2 Current Lot Size 26,500 s.f. 43,275 s.f. Proposed Lot Size 25,734 s.f. 44,493 s.f. Setbacks - The R-1 zoning district requires minimum front yard setbacks of 30 feet from a local public street, 50 feet from Diffley Road, 10 feet from side lot lines (5 feet for an accessory structure), and 15 feet from rear lot lines. The City Code does not require a minimum setback for driveways from a side property line. ~3 Planning Report - Heine 2"d Addition July 23, 2002 Page 4 There is no new development associated with this proposal, however, some existing non- conforming setbacks exist. The existing house on Lot 1 does not satisfy the required setback from Diffley Road (25 ft. vs. 50 ft.), and the accessory structures on Lot 2 do not satisfy the setback requirements from Heine Strasse Road (15 ft. vs. 30 ft.). The existing structure setbacks to the proposed new lot line do comply with ordinance requirements. A portion of the driveway serving Lot 2 would have a 0 foot setback from the new lot line. Access/Street Design - Both lots take access from Diffley Road and have separate driveways leading to Diffley Road. Prior to submitting the subdivision application to the City, the applicant presented the proposed plat to Dakota County for review. Initially, the County objected to the plat because the driveways do not meet the County's Access Spacing Guidelines, and recommended that the driveways be relocated. Additionally, Dakota County has expressed some concern about the proposed subdivision since it would eliminate legal access for Lot 1 to Heine Strasse Road. After further review and discussion, the County stated in a letter dated April 23, 2001, that "the Plat Commission could recommend approval of a variance from the County's Access Spacing Guidelines provided an ingress and egress easement be provided for Lot 1 over the northerly portion of Lot 2 to allow access to Heine Strasse Road if the future land owners find this to be more desirable than direct access onto [Diffley Road] with limited turning movements." The property is several feet lower in elevation than Heine Strasse Road, and there is a steep slope up to the road from the property that the applicant has indicated makes it difficult to realign the driveways to Heine Strasse Road. In addition, there is a row of mature evergreen trees along the east boundary of the site, as well as trees within the site, that would need to be removed to realign the driveways. Easements/Ri,ghts of Way/ Permits - An ingress and egress easement should be provided for Lot 1 over the northerly portion of Lot 2. The easement documents should be submitted to the City Attorney for review and approval prior to final subdivision approval. SUMMARY/CONCLUSION William Heine is requesting approval of a Preliminary Subdivision (Heine 2nd Addition) to create two lots on approximately 1.6 acres located at 1480 and 1490 Diffley Road in the NE '/4 of Section 28. The proposed subdivision will reconfigure the lot line between the two existing homes to follow existing improvements and natural features of the land. In addition, the driveway serving Lot 2 will be contained entirely within Lot 2, without crossing Lot 1, as is the current situation. Because there is no new development associated with this proposal, there are no dedication, water quality or tree preservation requirements. Planning Report - Heine 2nd Addition July 23, 2002 Page 5 ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Heine 2"d Addition) to create two lots on approximately 1.6 acres located at 1480 and 1490 Diffley Road in the NE '/4 of Section 28. If approved, the following conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, 131, B3, and B4 2. The property shall be platted. 3. An ingress and egress easement shall be provided for Lot 1 over the northerly portion of Lot 2. The easement documents shall be submitted to the City Attorney for review and approval prior to final subdivision approval. ~3~ STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Wav 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. l32 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised:_ July 10, 1990 Revised: February 2, 1993 LTSSS STANDARD.CON l~ y FINANCIAL OBLIGATION Heine 2"d Addition Preliminary Subdivision There are pay-off balances of special assessments totaling $0 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcels proposed for subdivision. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT TOTAL $-0- 139 a Eagan Boundary Location Map ~ Parcel Areaarllne, Building Footprint ~U. v Sub ect Site 'Y w" J I F~ P 0 ° o fly. L v ~ma a o ra P C o o a ^CQr QQO +.PAje C^`+ 9~° o 3.~i ti Sir t33 e 7 -4 n..s u.. uw © _ Cy U 1 ~aa ~ ~y~ a <3 fl 4~ z ~ Ace 8 'pad ~ ,rev ~ B g J \ °~°YV. a q N 1000 0 1000 2000 Feet Development/Developer: Heine 2nd Addition Application: Preliminary Subdivisi Case No.: 28-PS-12-06-02 Map Prepared using ERSI AroYeew 3.1. Parcel base map data provided iv by Dakota County Lard Survey Deparerann and is eurreM as of March 2002. N' E City of Eagan TNIS MAP IS INTENDED FOR REFERENCE USE ONLY M ! n N E 5 O A TM City of Eagan and Dakota County do not guarantee the accuracy of this information and are S c°mnsunny aawlopmsnt Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Heine 2nd Addition Land Use Map Case No. 28-PS-12-06-02 Zoning Map R-3 0 J PF EE I EE I D P Location Current Zoning: r EE R-1 Single-Family Residential PF 0s ® ® -y EE3 E13 E33 EE3 .oo 0 too 1200 F..t Comprehensive Guide Plan Land Use Map L OI QP D Location Current Land Use Designation: QP LD Low Density Residential ® E ® ES E~3 83 en a seo 1200 r..t n FI-M - - PareN base mao in N ey Dakota County Land Sumer Deparlinent APrll 2007. h a oMaS lafennatlOS walnwn.e by City Staff. City of Eagan w+E THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S HEINE 2ND ADDITION .mosso Vag V. ma. _m-on uuu .T T "1u~+v ~.v . ' . err, WAr aI.. - - - - - Taus am, • • lim"Un i raJrls mom IM. s tRS'T Z~. 00 s d s-- ~ y -a s --10 rs. el w a ---------------1 r 1 7 d. a1. 41 . _ ORA:NAGE \ ^ 1 %a \ I NOW 9~. \ I I \ , EAS-- wENT I , ~ I r ~ roT 3n. oo - - - I I I ~ I ,nnT•r-n^, I I i-1uU 1 I 1 uIV I I I T\a am* it of ua Ners.• Oas,s of Lmeoa ri. To.a ft '.f, Rmrge Z. Was aawas ad baarq of vaa • Daaoar a fraud aoa yqa ..unarm. 0 Drorn a ar % d by 14 d vas oaa asnwwa .n► a i~mro aaatad lu lar. roll O*A%W rs.a v - e -o- Dmsas r%M of.moms dmdsd s Daieaa Gaaaq / dZ PRELIM. PLAT 3, • Agenda Information Memo August 20, 2002 Eagan City Council B. PRELIMINARY SUBDIVISION (WENDOLEK WOODS) - RANDY AND LORI WENDOLEK ACTION TO BE CONSIDERED: To approve a Preliminary Subdivision to create two single-family lots, on 1.06 acres at 4565 Oak Pond Road in SE I/4 of Section 26, subject to the conditions listed in the Advisory Planning Commission minutes. FACTS: • The existing home was constructed in 1979 on the western portion of the lot. • The site is wooded, and the owner obtained a grading permit in November 2001 in preparation for construction of a new house on the easterly portion of the lot. • In 1998, the City reconstructed the streets in this area and installed municipal water and sanitary sewer systems, which included two water and two sanitary sewer connections for this lot. The existing home on Lot 1 will be required to connect to the City utility systems prior to final subdivision approval, and the existing well and septic systems will need to be abandoned in accordance with state standards. • The property is located within the Shoreland Overlay District of McDonough Lake, a DNR protected waterbody classified as a recreational development lake. The proposed subdivision satisfies the minimum lot standards of both the R-1 zoning and the Shoreland Overlay zoning districts. • The Advisory Planning Commission held a public hearing on July 23, 2002, and did recommend approval, subject to the conditions in the APC minutes. ISSUES: During the public hearing, one neighbor raised questions about the suitability of this site for construction of a home because of drainage patterns and the pond to the north. City Engineering has reviewed the proposed grading plan and indicates that the required drainage easements are being provided and the plan provides a drainage swale around the house. ATTACHMENTS (2): July 23, 2002, APC Minutes, page throughk Staff Report, pages through City of Eagan Advisory Planning Commission Meeting Minutes DRAFT July 23,2002 Page 3 B. PRELIMINARY SUBDIVISION - RANDY & LORI WENDOLEK A Preliminary Subdivision (Wendolek Woods) of approximately 1.06 acres, legally described as Lot 2, Block 1, Oak Pond Hills to create two single-family lots, located at 4565 Oak Pond Road in the SE of Section 26. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated July 18, 2002. She noted the background and history. Applicant Randy Wendolek explained that he purchased his property prior to the water and sewer requirement. He explained that subdivision is necessary in order to recover the cost of assessments on the property. Chair Huusko opened the public hearing. Ron Pavlak, neighboring property owner stated concern with the filling of the natural drainage ditch that leads to the nearby pond. He suggested that the proposed Preliminary Subdivision be denied. There being no further public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Chairman Huusko asked Staff about the concern for water run off. Assistant Engineer John Gorder explained that the water level requirements in the pond are being accommodated and the required amount of easement is being provided. Member Gladhill stated the costs invested in the property, by the applicant, would be recovered when the property is sold. Member Nosbush moved, Member Bendt seconded a motion to approve the Preliminary Subdivision (Wendolek Woods) of approximately 1.06 acres, legally described as Lot 2, Block 1, Oak Pond Hills to create two single-family lots, located at 4565 Oak Pond Road in the SE of Section 26 subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, B4, C1 and E1 2. The property shall be platted. City of Eagan Advisory Planning Commission Meeting Minutes DrAFT July 23,2002 Page 4 3. An emergency overland drainage swale, in accordance with City engineering standards shall be provided from the low point of Oak Pond Road, across Lot 2, to Pond LP-34. 4. This proposal would be subject to a cash water quality dedication in lieu of on- site ponding. The dedication is payable prior to release of the final plat for recording at the rates then in effect. 5. The existing house on Lot 1 shall connect to the City sanitary sewer and water main systems prior to final subdivision approval for this development. 6. The existing septic and well systems on Lot 1 shall be abandoned in accordance with City and County standards at time of final subdivision for the development. 7. Public drainage & utility easement shall be dedicated on the final plat to incorporate the required high water elevation of Pond LP-34 (887.0) plus three feet (to 890.0) as necessitated by storm water storage volume requirements. 8. An Individual Lot Tree Preservation Plan will be required at the time of building permit application. The Plan must fulfill all the requirements of the Tree Preservation Ordinance including showing grading limits, methods to protect trees intended to be preserved (i.e. tree protection fencing placed one foot per one inch diameter of each tree to be preserved, and the species, size and location of any required replacement trees.) The Individual Lot Tree Preservation Plan must be prepared by a qualified professional, a licensed landscape architect or certified arborist. 9. This development is subject to cash parks and cash trails dedication for Lot 2, payable prior to release of the final plat for recording at the rates then in effect. All voted in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: July 18, 2002 CASE: 26-PS-13-06-02 APPLICANT: Randy Wendolek HEARING DATE: July 23, 2002 PROPERTY OWNER: Randy Wendolek APPLICATION DATE: June 20, 2002 REQUEST: Preliminary Subdivision PREPARED BY: Pamela Dudziak LOCATION: 4565 Oak Pond Road COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST Randy Wendolek is requesting approval of a Preliminary Subdivision (Wendolek Woods) to create two lots on approximately 1.06 acres located at 4565 Oak Pond Road in the SE '/4 of Section 26. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. lib Planning Report - Wendolek Woods July 23, 2002 Page 2 D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The Oak Pond Hills subdivision was platted in 1977. The existing home was constructed in 1979 on the western portion of the lot. In 1998, the City reconstructed the streets in this area and installed municipal water and sanitary sewer systems. The installation of municipal services included two water and two sanitary sewer connections for this lot. Planning Report - Wendolek Woods July 23, 2002 Page 3 EXISTING CONDITIONS The property is zoned R-1, Single-Family Residential and is located within the Shoreland Overlay District of McDonough Lake, a DNR protected waterbody classified as a recreational development lake. The existing house is currently served by an individual well and an on-site septic system and the site is wooded. The owner obtained a grading permit in November, 2001 in preparation for construction of a new house on the easterly portion of the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zoning Land Use Designation North Single-family homes R-1, Single-family LD, Low Density Residential Residential South Single-family homes R-1, Single-family LD, Low Density Residential Residential East Park and single-family P, Park and R-1, Single- P, Parks and LD, Low homes family Residential Density Residential West Single-Family homes R-1, Single-family LD, Low Density Residential Residential EVALUATION OF REQUEST Compatibility with Surrounding Area - The proposed subdivision appears consistent with surrounding development, which is single-family residential. Airport Noise Considerations - The site lies outside of the airport noise exposure zones established by the Metropolitan Council. Density - The proposed development has a density of 1.88 units per acre, which is less than the maximum 4 units per acre allowed by the LD land use designation. Lots - The proposed subdivision would create two lots, the existing home would remain on Lot 1 (24,202 square feet) and Lot 2 (21,816 square feet) is proposed for new construction. Both lots exceed the minimum required lot size in the Shoreland Overly District of 15,000 square feet, public street frontage of 50 feet, and lot width of 100 feet. Setbacks - The R-1 zoning district requires minimum setbacks of 30 feet from the front lot line, 10 feet (house) from the side lot line, five feet (garage) from the side lot line, and 15 feet from the rear lot line. Lot 2 appears to be sized sufficiently to accommodate a new single-family home 1 Planning Report - Wendolek Woods July 23, 2002 Page 4 Landscaping - A landscape plan is not required for single-family residential development. Grading - Lot 2 has been recently graded under a grading permit approved by the City Council on November 8, 2001, and renewed in January, 2002. Final grading for Lot 2 will occur at time of building permit. Grading is not proposed on Lot, l with the existing house. Storm Drainage - No additional storm sewer system improvements are necessary with this subdivision. Lot 2 is directly adjacent to the low point of Oak Pond Road. An emergency overland drainage swale, in accordance with City engineering standards should be provided from the low point of Oak Pond Road, across Lot 2, to Pond LP-34 (as designated in the City Storm Water Management Plan - 1990), as shown on the preliminary grading plan. Wetlands/Water Quality - Similar to other residential developments, regardless of size, this proposed 1.06-acre single-family subdivision will generate additional stormwater runoff within the City. Because it is small, however, on-site treatment of stormwater for water quality purposes is not practical. Nevertheless, in accordance with the policies the City has had in place since 1990, the development is responsible for a cash dedication equal to the cost of the land and pond volume needed to reduce phosphorus export to undeveloped conditions. The cash dedication is due prior to release of the plat for recording. The amount will be calculated at the time of final subdivision and is based on the area and impervious characteristics of developed lots. There are no jurisdictional wetlands associated with this site. Utilities - Sanitary sewer and water main service stubs were constructed for both lots under the Oak Pond Hills street and utility project (City Project No. 732). The existing house on Lot 1 is not connected to the City utility system and should be required to connect to the City sanitary sewer and water main systems prior to final subdivision approval for this development. The existing septic and well systems on Lot 1 should be abandoned in accordance with City and County standards at time of final subdivision for the development. Access/Street Design - Public street access for both lots is available from Oak Pond Road. Easements/Rights of Way/ Permits - Public drainage & utility easement should be dedicated on the final plat to incorporate the required high water elevation of Pond LP-34 (887.0) plus three feet (to 890.0) as necessitated by storm water storage volume requirements. Tree Preservation - A tree inventory submitted with this application indicates that there are eighteen (18) significant trees consisting of 14 Oak (8" to 30" diameter), 3 Ash (8" diameter) and 1 Silver Maple (16" diameter). The balance of the tree inventory is comprised of poplar trees averaging approximately 6" diameter. Planning Report - Wendolek Woods July 23, 2002 Page 5 Based on the preliminary grading plan, it appears that the development as proposed will result in the removal of more than 20% of the existing significant trees. According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, single-lot, residential) is set at 20.0% of the total significant trees. With an anticipated tree removal more than the allowable amount, there will likely be required tree mitigation for this proposal. An Individual Lot Tree Preservation Plan will be required at the time of building permit application. The Plan must fulfill all the requirements of the Tree Preservation Ordinance including showing grading limits, methods to protect trees intended to be preserved (i.e. tree protection fencing placed one foot per one inch diameter of each tree to be preserved, and the species, size and location of any required replacement trees.) The Individual Lot Tree Preservation Plan must be prepared by a qualified professional, a licensed landscape architect or certified arborist. Parks and Recreation - Parks and trails dedications will be required for Lot 2 and should be fulfilled through a cash dedication payable prior to release of the final plat for recording at the rates in effect at that time. The park and trail dedication fees in the 2002 Fee Schedule are $1,550.00 and $183.00, respectively. SUMMARY/CONCLUSION Randy Wendolek is requesting approval of a Preliminary Subdivision of 1.06 acres to create two parcels. The proposed subdivision appears to be compatible with surrounding development and satisfy the applicable zoning standards. The only unresolved issue at this time is with regard to tree preservation, which will be reviewed for compliance with ordinance requirements at the time of building permit application. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Wendolek Woods) to create two lots on approximately 1.06 acres located at 4565 Oak Pond Road in the SE I/4 of Section 26. If approved, the following conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B4, Cl and E1 2. The property shall be platted. 3. An emergency overland drainage swale, in accordance with City engineering standards shall be provided from the low point of Oak Pond Road, across Lot 2, to Pond LP-34. ~O Planning Report - Wendolek Woods July 23, 2002 Page 6 4. This proposal would be subject to a cash water quality dedication in lieu of on-site ponding. The dedication is payable prior to release of the final plat for recording at the rates then in effect. 5. The existing house on Lot 1 shall connect to the City sanitary sewer and water main systems prior to final subdivision approval for this development. 6. The existing septic and well systems on Lot 1 shall be abandoned in accordance with City and County standards at time of final subdivision for the development. 7. Public drainage & utility easement shall be dedicated on the final plat to incorporate the required high water elevation of Pond LP-34 (887.0) plus three feet (to 890.0)as necessitated by storm water storage volume requirements. 8. An Individual Lot Tree Preservation Plan will be required at the time of building permit application. The Plan must fulfill all the requirements of the Tree Preservation Ordinance including showing grading limits, methods to protect trees intended to be preserved (i.e. tree protection fencing placed one foot per one inch diameter of each tree to be preserved, and the species, size and location of any required replacement trees.) The Individual Lot Tree Preservation Plan must be prepared by a qualified professional, a licensed landscape architect or certified arborist. 9. This development is subject to cash parks and cash trails dedication for Lot 2, payable prior to release of the final plat for recording at the rates then in effect. S/ STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2. 1993 ITSNS STANDARD.CON I S3 FINANCIAL OBLIGATION Wendolek Woods, Preliminary Subdivision There are pay-off balances of special assessments totaling $37 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are deferred assessments on the parcel proposed for subdivision. The assessments are related to a deferral on the levy of assessments related to Project 732. A condition of the deferral is "The deferral ends when the property is subdivided." This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Storm sewer trunk S.F. $.09/Sq. Ft. 29,674 Sq. Ft. $2,671 Water Trunk S.F. $985/Lot 2 Lots 1,970 Sanitary Sewer Trunk S.F. $945/Lot 2 Lots 1,890 TOTAL $6,531 sy Eagan Boundary Location Map Par"N~~iM Building Footprint > 6 O> > A, o ~7;g 9. DD_ 9> ~T) jig Sub'ect Site i• a 7?9a 79 n ~ O :7vr~ j a Z, ° 3 7 7 a J 'o t 0 1 3 2 J, 1000 0 1000 2000 Feel Development/Developer. Wendolek Woods Application: Preliminary Subdivisio Case No.: 26-PS-13-06-02 SS Map Prepared using ERS1 AreVtew 3.1. Parcel be" nap date provided by Dakota County Land Survey Depanetent and is current as a March 2002. THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E City of Eagan N i NN e S C " a The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S t.wwwwrrty Dev41-p-eet Departeeet not respensible for wrom of emissions. Current Zoning and Comprehensive Guide Plan Wendolek Woods Land Use Map Case No. 26-PS-13-06-02 Zoning Mapv P P P PD R-1 Location Current Zoning: s-~ R-1 Single-Family Residential R 1 R - PD D P P wo s goo 1209 f..t Comprehensive Guide Plan's Land Use Map Location Current Land Use Designation: LD Low Density Residential P as a goo uw f..t P-1 keg. -q Iw1or-etlew Pf.91AN by O.k.U C.ewly f.ewd fef9.y D-P-t-ewt Apol 2002. N ZMIwO iwfof-.OM -.IwblwN by Clty staff. City of Eagan Z-1 A, E THIS MAP 15 INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S 1~ It 11 JJ i~ Jill t z < \ • ij Q l 1 W ~ N ` I i I W ~i I ~ I I 1 1 I w i ~ ~ i w i J at or , cn ► \ ki J c ~ Iz- 1 Its 1 1~ PRELIM. PLAT ~i it I' o / .3- \ \ - , ----I- z y 1 ' " It JL y i ~tte: EXISTING CONDITIONS s° it it ~ ~ ~111 - \ 4°i3i4 ~~sEc ~ ~T 0 \ lp \ 8 ex R r : r SR \ f lf~~ a a41 crt ¢/ll N Z « °w o ' o rr I I N +f R a LLJ - f f r I I I If W l * I 1 ik " r h- I I W MM ~ 1 1 Y W ~X7t 1 i •1 W f f i ~ I~C I l1 ~ U 7 ~ I Q ~ • 1 • y; SITE PLAN 1 , u i+ 3 ! CY -C i---- ~ gyp} \ i~f ~ W Li 0 a O \ at w I I a 3 - • _ . 1 a a i =o J- L M ~Iy y GRADING PLAN d rp~- / f 4p / 'e X0 1 1 ~ , _ds ~ 1 i `'.cE';iiidi;iiE~3iEi.:E de 'F" ~o as oh .0 49 ra Tam ~ Op ti 4e Agenda Information Memo August 20, 2002, City Council Meeting C. REZONING AND PRELIMINARY SUBDIVISION - WATERS EDGE (MCDONALD CONSTRUCTION) ACTION TO BE CONSIDERED To approve a Rezoning of 2.73 acres from R-2 (Residential Double) to R-1 (Residential Single Family) and a Preliminary Subdivision (Waters Edge) of approximately five acres to create eight lots for single family dwellings and one outlot, located at 1470 Englert Road in the SE'/4 of Section 16, subject to the conditions in the July 23, 2002, APC meeting minutes. FACTS: • On September 21, 1999, the City approved a request by Transact, Inc. to rezone the subject site from A (Agriculture) to R-1 (Residential Single Family) and R-2 (Residential Double) in order to subdivide the property into nine lots, two for single family and seven for twinhomes. • The applicant is proposing to rezone that portion of the property zoned R-2 to R-1 to allow the property to be subdivided to accommodate eight single family dwellings. • The proposed zoning is consistent with the Comprehensive Guide Plan Land Use Map. • The gross density of this proposal is 1.7 units per acre. The Comprehensive Guide Plan permits residential densities of 0 to 4 units per acre. • An existing garage located on the unplatted parcel to the west encroaches into proposed Outlot A, and a detached accessory structure is located on Outlot A. • The design of the development appears to be appropriate for the topography and existing conditions. • On July 23, 2002, the APC held a public hearing on the requests and unanimously recommended approval. ISSUES: • Staff recommends that Outlot A be combined with proposed Lot 1, so that this portion of the development site is platted with access to a public street. • The garage shall either be relocated to maintain a five foot setback or removed from the property because it cannot encroach upon another property. • The accessory structure on Outlot A will need to be removed as a condition of approval. • A concrete slab for the existing home on proposed Lot 7 should be removed because it encroaches into the adjacent lot. • On July 29, 2002, the Dakota County Plat Commission reviewed the subject development proposal and denied a Variance request from the right-of-way guidelines to allow 75 feet of half right-of-way and a 15 foot trail easement. • The Plat Commission indicated that they would consider a dedication of restricted access along Pilot Knob Road with a permitting process to allow the existing driveway to remain until the ownership or usage of that parcel changes, or that the parcel, which the driveway easement serves, develops. ATTACHMENTS June 25, 2002, APC meetin minut-oagegto~ Planning staff report, pageto s 1~6 City of Eagan Advisory Planning Commission Meeting Minutes DF~ Jul), 23,2002 Page 13 F. REZONING & PRELIMINARY SUBDIVISION - MCDONALD CONSTRUCTION A Rezoning of 2.73 acres from R-2 (Residential Double) to R-1 (Residential Single Family) and a Preliminary Subdivision (Waters Edge) of approximately five acres to create eight lots for single family dwellings and one Outlot, located at 1470 Englert Road in the SE of Section 16. Planner Kirchoff introduced this item and highlighted the information presented in the City Staff Report dated July 18, 2002. She noted the background and history. Chair Huusko opened the public hearing. There being no public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Member Gladhill inquired about the fate of the existing garage that encroaches on Outlot A. Mr. McDonald stated intent to move the existing garage. He requested that the City be lenient on the time frame of removal. Mr. McDonald stated they currently have access through the easement off of Pilot Knob Road. He stated Outlot A is 36,000 square feet. City Attorney Dougherty explained that Outlot A should be combined with Lot 1 so that all of the lots created will have public street access. Member Segal stated opposition to the creation of an outlot. He suggested a continuance to allow the applicant an opportunity to address concerns. Member Gladhill moved, Member Segal seconded a motion to approve the Rezoning of 2.73 acres from R-2 (Residential Double) to R-1 (Residential Single Family) located at 1470 Englert Road in the SE '/4 of Section 16. All voted in favor. Member Gladhill moved, Member Segal seconded a motion to approve the Preliminary Subdivision (Waters Edge) of approximately five acres to create eight lots for single family dwellings and one Outlot, located at 1470 Englert Road in the SE '/4 of Section 16 subject to the following conditions: 163 City of Eagan Advisory Planning Commission Meeting Minutes DRAFT July 23,2002 Page 14 Standard Conditions 1. The developer shall comply with the following standard conditions of plat approval as adopted by Council on February 2, 1993: B1, 2, 3; C1, 2; D1; and E1 Platting 2. The property shall be platted. 3. The term "Estate" shall be changed on the Final Plat. 4. Outlot A shall be combined with Lot 1. Access 5. The developer shall dedicate restricted access for Outlot A on Pilot Knob Road (Dakota County Road 31). Zoning Standards 6. The existing garage on the exception parcel to the west that encroaches into proposed Outlot A shall either be relocated or removed. 7. The accessory structure located on proposed Outlot A shall be removed. 8. That portion of the concrete driveway slab for the existing home that encroaches into Lot 6 shall be removed. Shoreland Ordinance 9. All applicable provisions of the Shoreland Ordinance shall apply to the development of the property. Tree Preservation 10. An Individual Lot Tree Preservation Plan will be required for Lot 8 at the time of building permit application. 11. Tree Protective measures (i.e., orange colored silt fence or 4 foot polyethylene laminate safety netting) shall 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. 12. The applicant shall contact the City Forestry Division to set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Water Quality I City of Eagan Advisory Planning Commission Meeting Minutes July 23,2002 r t+t~_ i Page 15 13. The subdivision shall be responsible for a water quality cash dedication in lieu of ponding. Park and Trail Fees/Dedication 14. The subdivision shall be subject to cash park and trial dedication. Erosion Control 15. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards, and the land disturbance/ erosion control regulations. Utilities 16. The development shall provide adequate sanitary sewer service to Parcels 013- 79 and 030-79 and provide a private easement to allow its continued use as a service line. Right-of-way 17. The developer shall be responsible for resolving the right-of-way dedication issue along Pilot Knob Road with Dakota County prior to Final Subdivision and Plat approval. All voted in favor. /6S PLANNING REPORT CITY OF EAGAN REPORT DATE: July 18, 2002 CASES: 16-RZ-07-06-02 16-PS-09-05-02 APPLICANT: McDonald Construction HEARING DATE: July 23, 2002 PROPERTY OWNER: Same APPLICATION DATE: July 3, 2002 REQUEST: Rezoning and PREPARED BY: Cynthia R. Kirchoff Preliminary Subdivision (Waters Edge Estates) LOCATION: 1470 Englert Road COMPREHENSIVE PLAN: LD, Low Density (0-4 units/acre) ZONING: R-l, Residential Single Family R-2, Residential Double SUMMARY OF REQUEST McDonald Construction is requesting a Rezoning of 2.73 acres from R-2 (Residential Double) to R-1 (Residential Single Family) and a Preliminary Subdivision (Waters Edge Estates) to create eight single family lots and one outlot on 4.6 acres located at 1470 Englert Road west of Pilot Knob Road in the SE'/< of Section 16. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.40, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. 166 Planning Report -Waters Edge Estates Rezoning and Preliminary Subdivision July 18, 2002 Page 2 Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as. not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization," which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan." Said document and all of the notations, references and other A Planning Report -Waters Edge Estates Rezoning and Preliminary Subdivision July 18, 2002 Page 3 information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUNDIHISTORY The subject site is an unplatted parcel. A single family dwelling, constructed in 1964, is present on property. An existing shed and a portion of a detached accessory structure also occupy the subject site. On September 21, 1999, the City approved a request by Transact, Inc. to rezone the subject site from A (Agriculture) to R-1 (Residential Single Family) and R-2 (Residential Double) in order to subdivide the property into nine lots (two for single family and seven for twinhomes) with 13 conditions. A Preliminary Subdivision is considered null and void one year after approval. The previous applicants did not request Final Subdivision approval by September 21, 2000, thus any subdivision of the property must proceed through the Preliminary Subdivision process again. EXISTING CONDITIONS An existing single family dwelling and accessory structure are present on the site. Significant trees are scattered throughout the property, particularly along Pilot Knob Road and along proposed rear lot lines. Topography ranges from 876 along the southeast portion of the site to 850 on the northeast. SURROUNDING LAND USES AND ZONING The following existing uses, zoning, and comprehensive guide plan designations surround the proposed Waters Edge subdivision: Existing Use Zoning Land Use Designation North Pondview Townhomes; R-3, Residential Townhouse; MD, Medium Density; Single Family Dwelling A, Agriculture LD, Low Density South Single Family Dwellings R-1, Residential Single Family; LD, Low Density A, Agriculture East CSAH 31 (Pilot Knob Road) West Single Family Dwellings R-1, Residential Single Family LD, Low Density /6 S' Planning Report -Waters Edge Estates Rezoning and Preliminary Subdivision July 18, 2002 Page 4 EVALUATION OF REQUESTS 1. Rezoning Comprehensive Guide Plan - The Land Use Plan map indicates this property is designated LD, Low Density Residential, which allows residential development with a density range of 0 to 4 units per acre. The property was rezoned to R-1 and R-2 with the previous application, although the Final Subdivision was never applied for or approved. The applicant is proposing to rezone that portion of the property zoned R-2 to R-1 to allow the property to be subdivided for single family dwellings. The proposed zoning is consistent with the Comprehensive Guide Plan Land Use Map. 11. Preliminary Subdivision Proposal - The applicant seeks to subdivide a 4.6 acre unplatted parcel into eight lots for single family dwellings. An outlot is also incorporated into the plan for future development. The proposed lots will have access via Englert Road. An existing garage located on the unplatted parcel to the west encroaches into proposed Outlot A. The garage shall either be relocated to maintain a five foot setback or removed from the property because it cannot encroach upon another property. A detached accessory structure is located on Outlot A. It will need to be removed as a condition of approval. Also, a concrete slab for the existing home on proposed Lot 7 should be removed because it encroaches into the adjacent lot. Compatibility with Surrounding Area - Properties to the north, south, and west are residential uses. Pilot Knob Road is to the east. It appears as though single family dwellings are appropriate for the site based upon adjacent uses and the location of the property. Subdivision Design - The design of the development appears to be appropriate for the topography and existing conditions. The site appears to be physically suitable for the density of development. The design of the subdivision is compatible with the potential future subdivision of adjacent lands. That is, the outlot is capable of being subdivided with the property to the west. The Preliminary Subdivision indicates that the proposed plat name is "Waters Edge Estates." City policy prohibits the term "Estate" in a plat name without the property being zoned E (Estate). The name should be changed to comply with this policy. Density - The gross density of this proposal is 1.7 units per acre. The Comprehensive Guide Plan permits residential densities of 0 to 4 units per acre in the Low Density land use designation, so the proposed density complies with the land use designation. Lots - The proposed lots range from 13,747 to 17,623 square feet in area. The minimum lot size in the R-1 zoning district is 12,000 square feet, so all lots comply with minimum lot area. The !6 Planning Report -Waters Edge Estates Rezoning and Preliminary Subdivision July 18, 2002 Page 5 Zoning Ordinance requires a minimum of 85 feet of width at the 30 foot front setback. The Preliminary Subdivision indicates that all lots meet this minimum requirement. Outlot A is .83 acres (36,302 square feet). Staff recommends that Outlot A be combined with proposed Lot 1, so that this portion of the development site is platted with access to a public street. This parcel could be replatted into additional lots in conjunction with the exception parcel to the west in the future. Setbacks - The following minimum setbacks are required for all buildings in the R-1 zoning district: front yard (Pilot Knob Road) 50 feet; front yard (Englert Road) 30 feet; side yard dwelling 10 feet; side yard garage 5 feet; and rear yard 15 feet. Proposed Lot 1 will be required to maintain a 50 foot setback from the property line abutting Pilot Knob Road. Should the developer be required to dedicate the 100 feet of half right-of-way for Pilot Knob Road, as requested by Dakota County, the buildable width of proposed Lot 1 will be reduced by 10 feet, thus leaving only 40 to 47 feet (lot lines are not perfectly parallel) for a home. A single family home could probably be designed to fit within the buildable area, but staff wanted to note the possible buildable area restriction. Shoreland Ordinance Requirements - The proposed development lies within the shoreland of Fish Lake, thus requiring compliance with applicable provisions of the shoreland ordinance. Impervious surface coverage (i.e., building, driveway, and any hard surface) cannot exceed 25 percent of the lot area. Also, structure height is limited to 35 feet within a shoreland area. This is measured at the midpoint of the roof. Impervious surface coverage and dwelling height will be confirmed at the time of building permit. Tree Preservation - A tree inventory submitted with this application indicates that there are 54 significant trees on the development site. Fourteen Cedar trees are located on proposed Lot 8, which is to be custom graded, so the trees on this lot are not counted as significant trees in terms of tree preservation/mitigation for the development. Individual tree size and species break down is as follows: Maple - 27 percent; Elm - 22 percent, and Boxelder - 22 percent. The balance of the tree inventory is comprised of cedar, willow, cottonwood, spruce, birch, and ash trees. The development, as proposed, will result in the removal of six significant trees (or 11.1 percent of the total). According to the City of Eagan Tree Preservation Ordinance, allowable tree removal for this type of development proposal (single-phase, single-lot, residential) is set at 40 percent of the total significant trees. With a proposed removal less than the allowable amount, tree mitigation is not required for this proposal. Lot 8 is proposed to be custom graded. An individual lot tree preservation plan will be required for this lot at the time of building permit application. Landscaping - The proposed landscape plan indicates that one deciduous overstory tree is proposed in the rear yard of Lots 2 - 5. Plantings cannot be accommodated in the front yard Planning Report -Waters Edge Estates Rezoning and Preliminary Subdivision July 18, 2002 Page 6 because a 30 foot wide utility easement extends along Englert Road. Plantings are proposed in the front yards of Lot 1, 6 and 8. Grading - The preliminary grading plan is acceptable. The site is lightly wooded and generally slopes to the northeast. The developer should be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's recently codified land disturbance and erosion control regulations. Storm Drainage - The preliminary storm drainage plan is acceptable. Existing storm sewer of sufficient size, depth and capacity is available from Englert Road to accommodate the development. This storm sewer drains to the north to west Fish Lake (Pond JP-3 as designated in the City Storm Water Management Plan - 1990). Water Quality - The 5-acre parcel is located in the "J" Watershed and drains directly to City Pond JP-3, which is divided from Fish Lake by Pilot Knob Road. Fish Lake is one of the City's six Class I-Direct Contact water bodies, according to the Water Quality Management Plan. Due to the size and nature of the proposed residential subdivision, water quality ponding is not feasible. Therefore, to meet the City's water quality requirements, a cash dedication in lieu of ponding is appropriate for this development. There are no wetlands associated with this development. Utilities - The preliminary utility plan is acceptable. Existing sanitary sewer and water main are of sufficient size, depth and capacity is available from Englert Road to serve the development. Parcels 013-79 and 030-79 to the south currently take sanitary sewer service from a pipe that extends from Englert Road through this property between proposed Lots 6 and 7. The developer is proposing to relocate this pipe to avoid the proposed building construction. This development should provide adequate sanitary sewer service and provide a private easement to allow its continued use as a service line. Sanitary sewer and water main service will be provided to proposed Outlot A with the future development of Parcels 013-79 and 030-79. Streets/Access/Circulation - Public street access is available for all proposed lots from Englert Road along the north edge of the site. An existing private ingress/ egress easement currently used by Parcels 013-79 and 030-79 from Pilot Knob Road (Dakota County Road 31) extends across proposed Outlot A approximately 450 feet south of Englert Road. On July 15, 2002, the Dakota County Plat Commission reviewed this subdivision and required right of access to be dedicated to Dakota County along Co. Rd. 31. Thus access for any portion of this parcel and future development of Parcels 013-79 and 030-79 cannot be via Pilot Knob Road, but rather from a City street because the current access onto Pilot Knob Road does not meet their access spacing guidelines. Future City street access for proposed Planning Report -Waters Edge Estates Rezoning and Preliminary Subdivision July 18, 2002 Page 7 Outlot A and Parcels 013-79 and 030-79 should be provided from Kingswood Pond Road within the Kingswood Ponds Addition at time of development of those properties. Easements/Rights of Way/Permits - Upon request by the previous applicant in 1999, the Dakota County Plat Commission stated that they were willing to consider a variance from the Right-of- Way Guidelines to allow dedication of 75 feet of half right-of-way, provided an additional 15 feet of trail easement is provided by separate document and the southerly driveway access is closed with access provided to Kingwood Pond Road for the lots abutting Pilot Knob Road. The City must request such variance applications. Based upon this information, the current plan depicts an additional 15 feet of right-of-way dedication, with 15 feet of trail easement on the preliminary plat. On July 15, 2002, the Plat Commission reviewed the current application and required 100 feet of half right-of-way be dedicated for Pilot Knob Road (Dakota County Road 31). The developer should be responsible for resolving the issue of right-of-way dedication along Pilot Knob Road with Dakota County. Si a e - The site plan does not indicate that signage is proposed for this development. Freestanding signage shall be limited to seven feet in height with four feet in height of sign display area. Also, such signage shall be set back 10 feet from all property lines. Parks and Recreation On June 17, 2002, the Advisory Park and Recreation Commission reviewed this request and recommended the applicant pay cash park and trail fees at the rate in effect at the time of Final Subdivision. Airport Noise Considerations - The property lies outside of the airport noise exposure zones established by the Metropolitan Council. SUMMARY/CONCLUSION McDonald Construction is requesting Rezoning and Preliminary Subdivision approval to develop a 4.6 acre parcel into eight single family dwelling lots and one outlot. The requested Preliminary Subdivision complies with the density range as designated by the Comprehensive Guide Plan. Overall, it appears as though the site is physically suitable for the density of development proposed. All lots comply with the minimum lot area and width required by the Zoning Ordinance, and proposed tree removal is less than allowed by the Tree Preservation Ordinance. Proposed Outlot A should be combined with Lot 1, so that all parcels of land have appropriate access to a public street. Furthermore, this configuration will provide a logical means for the property to be subdivided with the adjacent parcel to the west in an orderly fashion. Planning Report -Waters Edge Estates Rezoning and Preliminary Subdivision July 18, 2002 Page 8 The appropriateness of the proposed Preliminary Subdivision on the subject site is considered a policy decision to be determined by the Advisory Planning Commission and City Council. ACTIONS TO BE CONSIDERED To recommend approval of the Rezoning of 2.73 acres from R-2 (Residential Double) to R-1 (Residential Single Family) on property located at 1470 Englert Road west of Pilot Knob Road in the SE 1/4 Section of 16. To recommend approval of the Preliminary Subdivision (Waters Edge Estates) to subdivide 4.6 acres into eight single family lots and one outlot located at 1470 Englert Road west of Pilot Knob Road in the SE'/4 Section of 16. If approved, the following conditions should apply. Standard Conditions 1. The developer shall comply with the following standard conditions of plat approval as adopted by Council on February 2, 1993: B1, 2, 3; C1, 2; D1; E1 Platting 2. The property shall be platted. 3. The term "Estate" shall be changed on the Final Plat. 4. Outlot A shall be combined with Lot 1. Access 5. The developer shall dedicate restricted access for Outlot A on Pilot Knob Road (Dakota County Road 31). Zoning Standards 6. The existing garage on the exception parcel to the west that encroaches into proposed Outlot A shall either be relocated or removed. 7. The accessory structure located on proposed Outlot A shall be removed. 8. That portion of the concrete driveway slab for the existing home that encroaches into Lot 6 shall be removed. 73 Planning Report -Waters Edge Estates Rezoning and Preliminary Subdivision July 18, 2002 Page 9 Shoreland Ordinance 9. All applicable provisions of the Shoreland Ordinance shall apply to the development of the property. Tree Preservation 10. An Individual Lot Tree Preservation Plan will be required for Lot 8 at the time of building permit application. 11. Tree Protective measures (i.e., orange colored silt fence or 4 foot polyethylene laminate safety netting) shall 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. 12. The applicant shall contact the City Forestry Division to set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Water Quality 13. The subdivision shall be responsible for a water quality cash dedication in lieu of ponding. Park and Trail Fees/Dedication 14. The subdivision shall be subject to cash park and trial dedication. Erosion Control 15. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards, and the land disturbance/ erosion control regulations. Utilities 16. The development shall provide adequate sanitary sewer service to Parcels 013-79 and 030-79 and provide a private easement to allow its continued use as a service line. Right-of-way 17. The developer shall be responsible for resolving the right-of-way dedication issue along Pilot Knob Road with Dakota County prior to Final Subdivision and Plat approval. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Wav 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised:- July 10, 1990 Revised: February 2. 1993 LTSXS STANOARO.CON / FINANCIAL OBLIGATION Waters Edge Preliminary Subdivision There are pay-off balances of special assessments totaling $0 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcels proposed for subdivision. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Water Trunk S.F. $985/Lot 7 Lots $6,895 Sanitary Sewer Lateral S.F. 23.35/F. F. 646 F.F. 15,084 Water Lateral S.F. 23.60/F.F 122 F.F. 2,879 TOTAL $27,813 O Eagan Boundary treat C&nt Area*diM Location Map Parcel Building Footprint ~ tJ Ella i 01 '00 s =I tI SCI • 3Y s 0 D v N go A Q I I, 0 aF ~C 1 0 -A jL Is ° o Subject Site Miami 4 tb ~ Jv JSi r T ~ '~,3 ~ ~ a' ~ -2. e> C= a redxt®dddma ~ a. 9 3.: 91 d+,w as s T9 ~ a e a 1000 0 1000 2000 Feet mamma Development/Developer. Waters Edge Application: Preliminary Subd ion Case No.: 16-PS-09-05-02 Q Map Prepared wing ERSI ArcView 7.1. Parcel base nap dale provided N by Dakota County Land Survey Departnrrn and is current as of March 2002. City of Eagan / THUS MAP 13 INTENDED FOR REFERENCE USE ONLY w E .M. I N N E S C 7 A The City of Eagan and Dakota County do not guarantee the accuracy of this information and an Camunumlay Dwdeprnant DepartneM not responsible for errors or omissions. 5 Current Zoning and Comprehensive Guide Plan Watees Edge Land Use Map Case No. 16-PS-09-05-02 R-2 v Zoning Map CSC PD r _ PD PD 2 Current Zoning: B A R-1 R-3 Single Family Residential _ R-2 Residential Double m ® s 0 A ° fTIR-4 i Agriculture = x P A o Y H ~ Y Qs a D r, J P D Soo o Soo +mo s..t Comprehensive Guide Plan `0~ Land Use Map SA LD SA SA SA t t 3 B L Current Land Use Designation: m LD m Low Density Residential (0-4 units/acre) Q^ LD o LD J P n s o Y s L J ta0 0 Goo IMP Fr ►~eN r M flan t>•- to ~T La" wwY 0M./4nwR Nw 2002. tten ~nwutw.0 bARV sun *City of Eagan 2 W E THIS MAP IS INTENDED FOR REFERENCE WE ONLY Community Development Department TM City of Eagan and Dakota County do not yuaranue the accuracy of this information. S U • 't r our ce ca ~ •r yt.crtrv a 4 'ON AMFI U/V J.I.V!$A D 01V8 - £JONH lOII d - ~ o . z Q V J I l e ~ t - 1 LLJ O I'' _ i to we 3y ISO.Mos , - r L-Li (ti ~ 1~•' I~ - I' 11 11 W I f tTi- got F s I , i'► t*, tonc ,corco!! _ ;I• ' ; ?F Z. 71 ? •f - - .t. Sly=1: ; I. is ° i ;f'• `e. 's` i.._ _ ;n . EXISTING CONDITIONS U 7- _ _ - _ - U . i tarn-a ~ 8~ £ -O( N ;IMH Oit/ 31V1S) o , v L Ob08 9ONN 1011c] r I t x O tl r a W Jroxws \o fu% \ L.J lit '.li V h r 4 i y _ 3 4, it _ 1_- O• ~4f~: ~ ?i k-~- wR\f,y ~ t.t c x3 1 h - 7ax_l :iF'f ~i3 tr ' I ^ 1 ri J, I till oo c ^■jostaa '-j tea ilk: PRELIMINARY PLAN • • i ` Q nut ' aetr•o tenn•a ~ ~.t V1S~ c (!f ON ;lMll CIIV _11 . . , I ii ; ~f C/WOl! RONH lOl 1, i z I 4 i f :f I t t t~ 1 1 • 1 i) VJ (i~ It _ • r~ _ - 1~it V I it 1 t tC - III` N~~ • t ~ , 1 'l .1 _ ,t h , ga i~- • i - LLJ r I W a. L !x k,n, I I a! kijl!F i I - ioeir_ Ila[sa+_ ~ c~({i ifs.'f~~i`:R ~ S ! 1- o„n., I y. , t S ! I Bli •~i t •'li; •s ~ t I N: iii s SITE PLAN ~ 3 z I nS Ln r t ~ ~ 5i I , < U n * X W °b V' ~ I vl y I r n or O U jJ u 3 Y e~ ---40-►d---_ r r - - - - - - - - - - - - - - _ - - - - I ' II II I v. i; II P~ s I i _ hi'ii Ii' I c aii i I r l l it ` • ~ r I~iT Gb ' ~t t ~ li 1 ~ I la=~ I I 1 1 e r 1 1 I i F _ l- 1 I I 1 I d e 1 I - Li p I :I I _ 1 x n~ I x 't~' I I I I I^ I I~ . 1. I I I 's _ , I I F I I ~ S~ 3~$~ 1~~~ 1 R • e S to 5 S GRADING PLA' ~ W QZQ ~ v Vl _7 ~ Z ~ .r 2 ~n R it 7 ry I i~ a W W U W 9 r. ~W O W J ~ Z N I z gW~ I ~ ~3 W CL CL I ' -(WGW- - - - BQIV - - - 404b - - r ~i - I I i .I II I , ` T. I 3 I 1 G ji o, nt- - I ff.i I ,f S, p _ •i ~ r Q I ~ I `e,• 3 O LI--- ~ I I I I I i I I ~ 1 Lil I = li, I I i ,I I I~ i III I F-1 l ~ I I - ~~IiIgM ` ~`~`I` - - - `~h~`,~il`~`I`I.'M.•. ~"I^I~I _...I ,p •Ixl 1rl,lxl,lrul m',~a, r,' I I I ;a_ I ili i1ill - I 71~ i I I~ `1ti `I IM I` Iy=lal I ci ~sl i,l I i~l I l i I. I I, ICI TREE PRESERVATI4111 u cl F , i1C.CZ•0 \ ~ Q nu. res=u-r J l F v ON :IMH O/N 31V~$~ _ ` • o Cal ~ I I' (OISt F0.ZG05 I ! ({c1 W Not m z m e s = a~i - - ( Q co co i m= x C7 r. ep a s • ( .I ~ ~ ~ J J ~ ~Ii is ' ~ . } ;[8 : , ID z 0 us _j C-1 1, I ~ as , I + ttJ ~I i~ f t fem. s 4; i' _ _d• }P, -46 F J I _ rTR i}•k^! ar~E t' Y: ll / 1 j ~ ^ coo," AGENDA CITY OF EAGAN ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER AUGUST 20, 2002 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVAL OF MINUTES 1. July 16, 2002 Pill D. NEWBUSINESS 1. Schedule public hearing for September 3, 2002 to consider authorizing the acquisition of the "Imre Property" by sale of the property to a developer. E. ADJOURNMENT 86 Agenda Information Memo August 20, 2002 Eagan Economic Development Authority Meeting C. APPROVE MINUTES OF JULY 16, 2002 EAGAN ECONOMIC DEVELOPMENT AUTHORITY ACTION TO BE CONSIDERED: To adopt a resolution approving minutes of the July 16, 2002 EDA meeting. ATTACHMENTS: • Minutes are attached on pages/athrough /3&• Resolution is attached on page MINUTES OF A REGULAR MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota July 16, 2002 A meeting of the Eagan Economic Development Authority was held on Tuesday, July 16, 2002 at 8:30 p.m. at the Eagan Municipal Center. Present were President Awada and Commissioners Carlson, Fields, and Tilley. Also present were Executive Director Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey. ADOPT AGENDA Commissioner Fields moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 APPROVAL OF MINUTES Commissioner Tilley moved, Commissioner Fields seconded a motion to approve the minutes of the May 7, 2002 Economic Development Authority meeting. Aye:4 Nay: 0 DELTA DEVELOPMENT City Administrator Hedges introduced this item regarding a request for direction regarding the possible structure of a final development agreement with Delta Development who is proposing to build 230 owner-occupied townhouses south of Cedar Grove Parkway, in the area east of Nicols Road and west of the Cedarvale Highlands. Jim Processor, Ehlers and Associates, reviewed the proposed deal structure. Councilmember Fields moved, Councilmember Tilley seconded a motion to direct staff to proceed with a final development agreement with Delta Development. Aye: 4 Nay: 0 UNITED PROPERTIES City Administrator Hedges introduced this item regarding marketing plan for the Cedar Grove Corporate Center. Assistant City Administrator Verbrugge discussed the proposed marketing plan by United Properties. Councilmember Tilley moved, Councilmember Fields seconded a motion to direct staff to move forward with the marketing plan for the Cedar Grove Corporate Center. Aye: 4 Nay: 0 ADJOURNMENT The meeting was adjourned at 8:40 p.m. Date Executive Director If you need these minutes in an alternative form such as large 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 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, sexual orientation, marital status or status with regard to public assistance. 1~~ EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING MINUTES OF July 16, 2002 BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the minutes of the July 16, 2002 meeting of the Eagan Economic Development Authority. Motion by: Seconded by: Those in Favor: Those Against: Dated: CERTIFICATION I, James Verbrugge, Secretary/Assistant Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 20`h day of August, 2002. James Verbrugge, Secretary / 9O Agenda Information Memo August 20, 2002 Eagan Economic Development Authority Meeting D. NEW BUSINESS 1. SCHEDULE PUBLIC HEARING FOR SEPTEMBER 3, 2002, TO CONSIDER AUTHORIZING THE ACQUISITION OF PROPERTIES IN THE NORTHWEST CORNER OF HIGHWAYS 55 AND 149, AND SALE OF THE PROPERTIES TO A DEVELOPER. ACTION TO BE CONSIDERED: To approve a resolution scheduling a public hearing for September 3, 2002, to consider the acquisition of properties and sale of the properties to a developer. FACTS: • Interstate Partners has requested that the City use its powers of eminent domain to assist in efforts to redevelop properties in the northwest corner of the intersection at Highway 55 and Highway 149. • The properties to be considered for acquisition are located within Tax Increment Financing District #2-4, a redevelopment district. • There are four properties (parcels 25 and 27-29 on the attached map) and two property owners that are affected by the requested action. Legal notice of the public hearing will be sent to the affected property owners. ATTACHMENT: • The resolution is attached on pages _ • A map of TIF District #24 is attached on page M3 EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO SCHEDULE PUBLIC HEARING FOR SEPTEMBER 3, 2002, TO CONSIDER AUTHORIZING THE ACQUISITION OF PROPERTIES AND SALE OF PROPERTIES TO A DEVELOPER BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to schedule a Public Hearing for September 3, 2002, to consider authorizing the acquisition of the following properties: TAXPIN: 105332005200 TAXPIN: 105332003200 TAXPIN: 103610002001 TAXPIN: 103610001001 in the northwest corner of the intersection at Highways 55 and 149, and sale of the properties to a developer. Motion by: Seconded by: Those in Favor: Those Against: Dated: CERTIFICATION I, Jamie Verbrugge, Secretary/Assistant Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 20`h day of August, 2002. James D. Verbrugge, Secretary f 1. 01 r It I r~ F n 1r z ~ ! s - 8 ISO i~ $1UUMV per Incense x New F Renewal C CITY OF EAGAN 3820 PILOT KNOB ROAD EAGAN, MN 53122-IM APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS Applicant Shannon M. Comer Birthday 03/31/61 Resident Address 9232 Avalon Path Inver Grove Heights Minnesota 55077 street city state zip Business Address Oakview Plaza, Unit 2, 3090 Courthouse Lane Eagan Minnesaota 55121 street city state zip Home Phone (651)456-9750 Business Phone (651)994-0534(pending) Business name in Eagan where tobacco is to be sold Comers Liquor Unlimited Business address in Eagan where tobacco is to be sold Oakview Plaza, Unit 2, 3090 Courthouse Lane 55121 TOBACCO PRODUCTS TO BE SOLD: (Check all that apply) x Cigarettes, cigars and other smoking tobacco x Snuff, plug and other chewing tobacco Clippings, cuttings and sweepings suitable for chewing or smoking x Pipes and other tobacco related devices x Cigarette papers and wrappers PACKAGING QF TOBA000 PRODUCTS IQ L% (Check all that apply) x Individual pack or can Two or more packs or cans packaged together Full cartons LOCATION OF TOBACCO PRODUCTS WITHIN BUSINESS: (Cibeck all that sppiy) Self-service merchandise Over-the c~ x Accessible to store clerk only SEPARATE LICENSES SHALL BE ISSUED, FOR TIRE SALE OF TOBACCO PRODUCTS AT EACH. FIXED PLACE OF BUSINESS. TOBACCO SALES TO ANY PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS IS UNLAWFUL AND IS GROUND FOR SUSPENSION OR REVOCATION OF LICENSE. I (WE) HEREBY AGREE TID OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF MINNEOSTA AND THE ORDINANCES OF THE CITY OF EAGAN. THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNO EDGE' AND BELIEF. . 47 DATE 82102 AUTHORIZED SIGNATURE Y~ F OFFICE USE ONLY City Council Approval Date Date Issued 3830 Pilot Knob Road Eagan, MN 55122-1897 (612) 681-4600 City of Eagan Hauler Licensing Application I Commercial / Multiple Dwelling I>TO1h u [ f? Y K CLC I .,hereby make application for a Refuse/Recycling license for the year ao0j. Owner: Qiat~~S WASP . tib PC CLQ 46 YO a t t o <4, 14 AUe A) Name c Address T ~a~l S m S 1- SSSS City State Zip Telephone Business Name: &,ru fas <<C yw~0 Ly" AUQ I Name Address MI'lo la Da Is MK) 55, y1I C11- say.- SssS City State Zip Te!ephone Municipalities where presently licensed: `@+2 qC_~ 2j LICENSE TYPE: Commercial / Multiple Dwelling Refuse/Recycling (Number of trucks) - Required for haulers serving commercial accounts and multiple family dwellings being serviced in a commercial manner. - State, county and city mandates require residential recycling opportunities be provided for multi- family units. - Encourages, but does not require commercial recycling. - Recycling vehicles may be included in the commercial/multiple dwelling license, if operated by a single company. Each must be counted as an additional vehicle. - Additional requirements outlined in Hauling Ordinance as attached. Commercial / Multiple Dwelling Recycling Only (Number of trucks) - Required for haulers performing only recycling for commercial or multi-family residential. - Applicable to independent firms, subcontractors, and licensed haulers. FEES: $50 for first vehicle, plus $25 for each additional vehicle. TOTAL NUMBER OF VEHICLES TO OPERATE IN EAGAN: 1 @ $50: 50 @ $25 each: Total yr-- * Vehicles used in more than one licensing category must fill out a separate application, but pay only one fee per truck. Example: One truck which picks up both residential and commercial recycling needs two licenses, but only one fee. Please note if applicable. The following must be included in order for your application to be processed: Motor Vehicle Insurance Date of Expiration Worker's Comp. Insurance Date of Expiration Rate Schedule *If your company wishes to operate as either a Residential, or a Construction / Demolition Debris hauler, a corresponding license must be obtained, and additional fees must be paid if additional trucks are to be used. If you need application forms or have questions please call the City of Eagan at 681-4600.