The URL can be used to link to this page

02/18/2003 - City Council RegularAGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING FEBRUARY 18, 2003 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE f)I Ii. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA P A A. APPROVE MINUTES Q 10 B. PERSONNEL ITEMS f II C. CHECK REGISTERS 101-a D. APPROVE Application for Minnesota Lawful Gambling Exempt Permit - Twin Toms 1 13 E. APPROVE Wetland Replacement Plan •- Kennerick Addition P ly F. APPROVE Extension for recording the final subdivision of Cedar Villas, Shelter Corporation P /(p G. APPROVE Final Plat, Eagandale Center Industrial Park No. 18 - Opus Northwest LLC aP IF H. SET Hearing date for revocation, Interim Use Permit - Jim Oberg p2D I. APPROVE Extension for recording the Final Plat of Gift of Mary. J. APPROVE Change Order No. 2 for Contract 02-10 (Dodd Road, Diffley Road to Wescott Road - Street & Utility Improvements) Pa3 K. APPROVE Change Order No. 5 and Approve Final Payment and Authorization for City Maintenance for Contract 01-07 (Lexington Avenue, Town Centre Drive to Clubview Road- Street and Utility Improvements) fob L. APPROVE ARC recommendation regarding correspondence to MAC po'11p M. ORDER Public Hearing for Public Easement Vacations - Langoven Pal N. APPROVE 2003 Commercial Fertilizer License Renewal p W 0. APPROVE Plans and Specifications for City Contract 03-10 (Sehnark, Harvey, and Burrview Acres - Street Overlay) r P. APPROVE Specifications and Ad for Bids for City Contract 03-07 (Cedar Grove Redevelopment - House Demolitions) p Q. APPROVE Community Center operating policies and bandshell policy, per the recommendation p of the Operations Committee 33 R. REMOVE the freeze on Community Center expenditures including FF&E purchases, per the recommendation of the Operations Committee e 34 S. APPROVE the recommendation of the Operations Committee to raise the Banquet Room rental fee from $700 to $800 on Saturdays only, to go into effect for new bookings in 2004. P3$ T. APPROVE Listing Agreement for realtor services - Clark Street and Strawberry Lane properties ?'37 U. APPROVE Change Order #10 - Community Center 5,9 V. APPROVE On-sale Wine License for Hunan Garden P 3q W. APPROVE the Operations Committee recommendation regarding the Community Center building component opening dates, soft opening date, and grand opening date X. ISSUE change directive to install an expanded masonry fireplace base and flower box inset at the Community Center V. 6:30 - PUBLIC HEARINGS P 4) A. PROJECT 881, Twin View Manor (Eriks Boulevard) Street Lighting Improvements P!55- B. PROJECT 883, Clearview Addition (Beecher Drive) Street Lighting Improvements p (p7 C. PROJECT 806R, Kennerick Addition - Storm Sewer Improvements D. TRAIL EASEMENT VACATION, Lot 2, Block 5, Wilderness Run 4th Addition V j. OLD BUSINESS P A. VARIANCE, Millerville, Inc., A Variance request to allow an accessory building in the front yard on Lot 4, Block 1, Sunset 13`s Addition, located at 785 Golden Meadow Road in the NW '/4 of Section 25. 117B. CONTRACT - North Fields P jal C. MODIFICATION to Development Contract - Patricia Vogelpohl 1 D. CONTRACT 03-05. Receive Bid and Award Contract for Contract 03-05 (JP-47 Alum Storage Basin Improvements). VII. NEW BUSINESS P I&A. INTERIM USE PERMIT - Road Equipment Parts Center. An Interim Use Permit to allow outdoor storage on prat of Lot 1, Block 1, lying in Section 11 and 12 Borchert Ingersoll, Inc. 15t Addition - lying west of 3275 Dodd Road in the SE %2 of section 11. VIII. COMMUNITY CENTER UPDATE P14&' A. CONSIDER the recommendation of the Operations Committee to add a mirror, electrical outlet, and vanity table to the women's locker room in lieu of removing the lockers and benches (as p previously directed by the City Council at the January 21, 2003 City Council meeting). 9rI I B. CONSIDER the removal of the Community Center hiring freeze. _p'M C. AUTHORIZE staff to proceed in the hiring of the Community Center Rental Coordinator position. IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT 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: FEBRUARY 14, 2003 SUBJECT: AGENDA INFORMATION FOR FEBRUARY 18, 2003 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the February 18, 2003 City Council agenda, the following items are in order for consideration. Agenda Information Memo February 18, 2003 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 February 4, 2003 regular City Council meeting, the February 4, 2003 Listening Session and the February 6, 2003 special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the February 4, 2003 regular City Council meeting are enclosed on pages through I. • Minutes of the February 4, 2003 Listening Session are enclosed on page _ • Minutes of the February 6, 2003 special City Council meeting are enclosed on page ot? R MINUTES OF A REGULAR MEETING OF THE D EAGAN CITY COUNCIL A F T Eagan, Minnesota f February 4, 2003 A regular meeting of the Eagan City Council was held on Tuesday, February 4, 2003 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan and Councilmembers Carlson, Fields, Tilley and Maguire. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey. AGENDA Councilmember Tilley moved, Councihnember Maguire seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS OATHS OF OFFICE - POLICE OFFICERS Mayor Geagan administered the Oaths of Office to Police Officers David Letoruneau, James Proshek, Desiree Carlson, Darrin Schultz. CONSENT AGENDA Items D and P were pulled from the Consent Agenda. A. Minutes . It was recommended to approve the minutes of the January 21, 2003 regular City Council meeting, the January 21, 2003 Listening Session, the January 21, 2003 special City Council meeting and the January 14, 2003 special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the 2003-2004 collective bargaining agreement with the clerical bargaining unit (Teamsters Local 320). C. Check Registers. It was recommended to ratify the check registers dated January 23, 2003 and January 30, 2003 as presented. D. Minute Modification. It was recommended to approve a modification to page three of the November 7, 2002 City Council Minutes, adding item GG approving a proposal by I-Net and Sub-net for wiring at the Eagan Community Center. E. Liquor License. It was recommended to approve changes in management on the off-sale beer licenses for SuperAmerica Store #4335 located at 1379 Town Centre Drive and Store #4464 located at 2250 Cliff Road. F. Operations Committee Recommendation. It was recommended to approve the Operations Committee recommendations regarding "The Blast" (indoor playground). G. Cooperative Agreement with DNR. It was recommended to approve a cooperative agreement with the State of Minnesota DNR for a fishing pier awarded to the City for installation at Thomas Lake Park. H. Waiver of Subdivision. It was recommended to approve a Waiver of Subdivision for a duplex lot split to allow or individual ownership of the two units for property platted as Lot 8, Block 5, Wilderness Run Fifth Addition, located 1327 and 1329 Easter Lane in the NW '/. of Section 27. 1. Contract 03-02. It was recommended to approve the plans and specifications for Contract 03-02 (Lexington Place / Drexel Heights Additions - Street Overlay) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, February 27, 2003. J. Contract 01-12. It was recommended to approve Change Order No. 4 to Contract 01-12 (July 2000 Storm Mitigation Improvements - Misc. Areas 2 and 4) and authorize the Mayor and City Clerk to execute all related documents. K. Contract 01-13. It was recommended to approve Change Order No. 4 to Contract 01-13 (July 2000 Storm Mitigation Improvements - Areas 1, 3, 4 9 and 10) and authorize the Mayor and City Clerk to execute all related documents. L. Contract 01-15. It was recommended to approve Change Order No. 2 to Contract 01-15 (July 2000 Storm Mitigation Improvements - Miscellaneous Areas 6, 7, and 8) and authorize the Mayor and City Clerk to execute all related documents. Eagan City Council Meeting Minutes February 4, 2003 Page 2 DRAFT M. Contract 03-06. It was recommended to receive the bids for Contract 03-06 (2003 City-wide Sanitary Sewer Lining and Reconstruction), award the contract to Insituform Technologies USA, Inc. for the base bid in the amount of $127,732.50 and authorize the Mayor and City Clerk to execute all related documents. N. Project 00-C. It was recommended to acknowledge the completion of Contract 00-C (Murphy Farm 3rd Addition - Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. O. D.A.R.E. Agreement. It was recommended to approve annual D.A.R.E. and Police Liaison Services Agreement for the 2002-2003 school year with ISD 196. P. DNR Metro Greenway Grant Award. It was recommended to accept DNR Metro Greenway grant award in the amount of $8,000; concurrently award contract to Dakota County Soil and Water District to conduct study of Metro Greenway in parts of Eagan. Q. 2003 Commercial Fertilizer License Renewal. It was recommended to approve 2003 Commercial Fertilizer License Renewals for Green Masters and Tru Green Chem Lawn. Councilmember moved, Councilmember seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 D. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a modification to November 7, 2002 City Council Minutes. Aye: 3 Nay: 0 Abstain: Geagan, Maguire P. Councilmember Carlson moved, Councilmember Tilley seconded a motion to accept DNR Metro Greenway Grant award in the amount up to $10,000; concurrently award contract to Dakota County Soil and Water District to conduct study of Metro Greenway in parts of Eagan. Aye: 5 Nay: 0 PUBLIC HEARINGS LOT 2, BLOCK 5, WILDERNESS RUN 4TH ADDITION - EASEMENT VACATION City Administrator Hedges recommended this item be continued to the February 18, 2003 City Council meeting to allow time for review by the Advisory Park and Recreation Commission. Councilmember Tilley moved, Councilmember Carlson seconded a motion to continue the public hearing to consider the vacation of public trail easement on Lot 2, Block 5, Wilderness Run 4' Addition to February 18, 2003. Aye: 5 Nay: 0 PROJECT 882, CRESTRIDGE LANE - STREET OVERLAY City Administrator Hedges introduced this item regarding the preparation of detailed plans and specifications for Credstridge Lane street overlay. Assistant City Engineer Gorder gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve Project 882 (Crestridge Lane - Street Overlay) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 680, CLIFF ROAD STREET & UTILITY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Cliff Road street and utility improvements. Public Works Director Colbert gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to open the public hearing. Aye: 5 Nay: 0 4 pRAFT Eagan City Council Meeting Minutes February 4, 2003 Page 3 Duane Olson, 1250 Cliff Road, expressed his opposition to the proposed assessment. There was no further public comment. Councilmember Fields moved, Councilmember Carlson seconded a motion to close the public hearing. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 680 (Cliff Road - Street and Utility Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Maguire seconded a motion to give PID #011- 02 (Olson property) an option to have all but 85 feet of frontage assessment deferred with interest until development or sale of the property. Aye: 5 Nay: 0 OLD BUSINESS REQUEST FOR RECONSIDERATION OF VARIANCE - DUANE OLSON City Administrator Hedges introduced this item regarding a request by Duane Olson for reconsideration of a variance request to construct a 6.5 foot fence in a front yard on property located at 1250 Cliff Road. This issue was originally considered at the January 21, 2003 Council meeting. City Attorney Dougherty recommended that consideration of the Findings of Fact for Denial be acted on prior to reconsideration of the variance. Councilmember Carlson moved, Councilmember Fields seconded a motion to confirm the Findings of Fact, Conclusions and Resolution of Denial of the Variance request of Duane Olson for a 6.5 foot fence in a front yard on property located at 1250 Cliff Road in the NE '/, of Section 34. Aye: 5 Nay: 0 Paulette Olson, Scott Johnson, Sherry Norton , and James Shu, neighbors of Mr. Olson, were present and spoke in favor of the variance to allow Mr. Olson to construct a fence in his front yard. Mr. Olson addressed the Council, discussing the need for a fence in his front yard. He stated the noise level has increased due to increased traffic on Cliff Road and with the removal of vegetation, car lights shine into house. Council, staff, Mr. Olson and neighboring property owners discussed Mr. Olson's proposed fencing and the fencing that is planned for the neighboring properties that would not require a variance. Council recommended that after installation of the neighboring fences, Mr. Olson consider a shorter fence that would be more compatible and request, at that time, reconsideration of the variance. NEW BUSINESS DEVELOPMENT AGREEMENT - KEYSTONE COMMUNITIES OF EAGAN LLC City Administrator Hedges discussed this item regarding a development agreement, including the sale of public land, with Keystone Communities of Eagan LLC for 126 units of senior housing. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the development agreement, including the sale of public land, with Keystone Communities of Eagan LLC for 126 units of senior housing in the Cedar Grove Tax Increment Finance Redevelopment District No. 1. Aye: 5 Nay: 0 Doris Dahline read a list of concerns and questions, which included the following: • Height of the proposed building • Vehicular ingress and egress • Emergency vehicle access • Parking for staff, residents and visitors 5- Eagan City Council Meeting Minutes February 4, 2003 p R Page 4 AF1 Councilmembers explained that these issues will be addressed at the time of development and compliance with the City Code will be ensured. The proposed action currently before the Council is in regard to a development agreement only. INTERIM USE PERMIT - PETER LUND City Administrator Hedges explained that Mr. Lund had requested consideration of an Interim Use Permit to allow' outdoor storage of semi-trailers and prefabricated modular storage units to be located southeast of Mike Collins Drive and Borchert Lane be continued to the February 18, 2003 City Council meeting. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of an Interim Use Permit to allow outdoor storage of semi-trailer and prefabricated modular storage units to be located southeast of Mike Collins Drive and Borchert to the February 18 City Council meeting. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Carlson seconded a motion to direct staff to notify applicant of the City's 60 day extension to the agency action deadline and to direct the item to the February 13, 2003 Advisory Parks and Recreation Commission for review and comment. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT - CITY OF EAGAN City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment for Special Area #5 (Cedarvale Area) to the Metropolitan Council for review and approval. Four residents expressed concern regarding rezoning of their property and environmental impacts. Councilmember Carlson moved, Councilmember Tilley seconded a motion to direct staff to submit the Comprehensive Guide Plan Amendment for Special Area #5 (Cedar vale Area) to the Metropolitan Council for review and approval. Aye: 5 Nay: 0 Mayor Geagan moved, Councilmember Fields seconded a motion to direct the zoning ordinance pertaining to the 300 ft. creek buffer setback to a future workshop for discussion. Aye: 5 Nay: 0 CBDG FUNDING FOR FISCAL YEAR 2003 City Administrator Hedges introduced this item regarding distribution of FY 2003 Community Development Block Grant (CDBG) funding. Senior Planner Ridley gave a staff report. Discussion was held regarding how much funding was necessary for Eagan Youth Services. Councilmember Carlson moved, Councilmember Tilley seconded a motion to allocate $224,500 to the Blight Clearance Program Fund and $10,500 to Eagan Youth Services. Aye: 5 Nay: 0 COMMUNITY CENTER UPDATE City Administrator Hedges gave a brief update on the recommendations of the Operations Committee. Councilmember Carlson moved, Councilmember Tilley seconded a motion that the color of the aerobics room remain as is (green) and not be changed to a more neutral color as originally directed by the Operations Committee on December 13, 2002, and as stated to the City Council at their December 23 Special City Council meeting. Aye: 5 Nay: 0 b Eagan City Council Meeting Minutes February 4, 2003 D R AC T Page 5 ADMINISTRATIVE AGENDA City Administrator Hedges discussed a meeting to be held by Dakota County at Camp Sacagawea Lodge located in Lebanon Hills Park regarding the Dakota County drainage plan for Lebanon Hills Regional Park. He suggested that a special meeting be called due to more than two City Councilmembers planning to attend the meeting. Councilmember Fields moved, Councilmember Carlson seconded a motion to set a special City Council meeting'date for February 6, 2003 at 6:30 p.m. at Sacagawea Lodge. Aye: 5 Nay: 0 ECONOMIC DEVELOPMENT AUTHORITY Mayor Geagan called a recess at 9:35 p.m. and immediately convened a meeting of the Economic Development Authority. After adjournment of the EDA, the Mayor reconvened the Council meeting at 9:37 p.m. and introduced "Visitors to Be Heard". VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Carlson seconded a motion to adjourn the meeting at 9:40 p.m. and went into Executive Session to discuss pending litigation. 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) 675-5000, (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. 7 RP MINUTES OF A LISTENING SESSION DRAFT OF THE EAGAN CITY COUNCIL FEBRUARY 4, 2003 6:00 P.M. The Eagan City Council held a Listening Session on February 4, 2003 at 6:00 p.m. In attendance were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Marty Haugen, 3718 Denmark Court discussed his concerns regarding wetland JP47, which included changes to vegetation and wildlife since the installation of an injection system in 2000. He asked that the City restore the land to its original state and to postpone deep dredging of the wetland for alum storage basin improvements. Staff was directed to address Mr. Haugen's concerns and respond to the Council with alternatives. It was noted that award of contract for this project is scheduled to be on the February 18, 2003 City Council agenda. The meeting adjourned at 6:30. Respectfully submitted, Mira McGarvey Administrative Secretary / Deputy City Clerk 8 MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota February 6, 2003 A special City Council workshop meeting of the Eagan City Council was held on Thursday, February 6, 2003 at 6:30 p.m. at Camp Sacagawea Lodge located in Lebanon Hills Park. Present were Mayor Geagan and Councilmembers Carlson, Fields and Maguire. Councilmember Tilley was absent. Also present were City Administrator Tom Hedges, Director of Public Works Tom Colbert and Superintendent of Utilities Wayne Schwanz. Agenda The purpose of the meeting was for the City Council to hear a presentation by representatives of Dakota County and their consulting firm Barr Engineering for .improvements to the Dakota County drainage plan for Lebanon Hills Regional Park. There were presentations by Dakota County staff and representatives of Barr Engineering that addressed the overall 2003 stormwater study schedule for McDonaough Lake Watershed which includes: Lebanon Hills Regional Park, referenced to a 1986 County resolution; history of changes that have occurred in the overall watershed for the park, and a presentation of some 20 options that are under review and consideration. There were a number of residents, mainly from the City of Eagan, who were present asking questions about how various options to mitigate future drainage issues in the McDonaough Lake Watershed would impact their subdivisions which are downstream. Residents were generally from the Lakewood Hills neighborhood and West Thomas Lake. Members of the City Council Public Works Committee consisting of Councilmember Fields and Councilmember Maguire are planning to meet in the near future to discuss facts and information that were shared at the meeting to determine which of the options are consistent with the overall objectives of the City of Eagan Comprehensive Storm Water Plan. There was no official action at the meeting which ended at approximately 9:15 p.m. Date City Clerk q Agenda Information Memo February 18, 2003 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Resignation/Police Sergeant ACTION TO BE CONSIDERED: To accept the retirement of Randy Larson, Sergeant in the Police Department. Item 2. Resignation/Clerical Tech III-Police-- ACTION TO BE CONSIDERED: To accept the resignation of Jamie Bewley, part-time Clerical Tech III in the Police Department. Item 3. 2003 Cascade Bay Seasonal Staff- ACTION TO BE CONSIDERED: To approve the hiring of Megan Kissel, Alex Dauphin, Jenny Geiser, Jessica Ofstedahl, Susan Casey, Mindy Pika, Lisa Kleinschmidt, Paul Maloney, Emily Jensen, Grant Mestnik, Ben Millmann, Megan Lostetter, Brian Boufford, Ben Huonder, Kristi Millmann, Blair Smith, Megan Bergen, Jenny Woelfel, Jill Woelfel, Nick Csargo, Thom Rehwaldt, Anne Weston, Nicole Cantin, Chjris Ahrens, Kelly Craven, Matt Gilbert, Mike Brumbaugh, Taylor Lamski, Ann McGrath, Lauren Rouchard, Stephanie Doerfler, Brandon Burger, Mike Kantor, David Mains, Chris Milbrandt, Brad Johnson, Tara Reu, Amy Osborne, Kali Bavender, Jackie Peters, Jennifer Kilby, Kelsey Crunstedt, Nate Starkson, Cass Pfender, Erinn Swinton, Kelly McGrath, Dan Milis, Kelly Childs, Jamie Boufford, Landon Weninger, Alexis Lund and Laura Hogenson as Cascade Bay seasonal staff for 2003. Item 4. Winter Spring Intern/Parks & Recreation- ACTION TO BE CONSIDERED: To advise the City Council that the Parks & Recreation Department is hosting John Sealey, a student intern, for the winter/spring of 2003. This item is informative only and requires no action. iv Agenda Information Memo February 18 2003 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated February 6, 2003 and February 13, 2003 as presented. ATTACHMENTS: Check registers dated February 6, 2003 and February 13, 2003 are enclosed without page number. AGENDA MEMO February 18, 2003 CONSENT AGENDA: D. Application for Minnesota Lawful Gambling Exempt Permit - Twin Toms ACTION TO BE CONSIDERED: Approve application for Minnesota Lawful Gambling Exempt Permit for Twin Toms Chapter NWTF to hold a raffle on March 13, 2003 at Royal Cliff, 2280 Cliff Road. FACTS: • The application has been reviewed by staff and deemed in order for approval. ATTACHMENT: • The application is attached without page number. lQ Agenda Information Memo February 18, 2003 Eagan City Council Meeting E. APPROVE WETLAND REPLACEMENT PLAN- KENNERICK ADDITION ACTION TO BE CONSIDERED: Approve wetland replacement plan for Kennerick Addition FACTS: • One condition of approval of the Kennerick subdivision is for stormwater runoff to be treated in a constructed basin rather than be drained directly to the nearby wetland (City Pond HDP-1). • Stormwater treatment is also needed for runoff from a drainage area of Lone Oak Road right-of-way and adjacent properties. • A joint project has developed to meet both needs for stormwater treatment in the same constructed basin, but some impact to the wetland is unavoidable. Minnesota Wetland Conservation Act (WCA) rules require replacement of such impacts on a 2:1 basis. • A wetland replacement plan has been assembled for Kennerick Addition/City Project 806. With construction of the stormwater treatment basin, 0.2 acres of wetland will be impacted primarily through excavation. Replacement of said impact will occur by excavating 0.2 acres of new wetland area in adjacent upland and by applying 0.2 acres of the constructed stormwater pond for public value credit. • The wetland replacement plan was put on public notice, as required by WCA rules, on January 2, 2003. The plan was originally scheduled for City Council action on January 21, 2003, but was postponed till the February 18, 2003 meeting to be taken up simultaneously with approval of City Project 806R. • At its December 16, 2002 meeting, the Advisory Parks Commission unanimously recommended the City Council to approve the wetland replacement plan contingent on staff review of the technical details of the plan to access compliance with the WCA and on input from the 30-day public review process. • City staff asserts the plan to be in compliance with WCA requirements, and no input was received during the public review process. 13 Agenda Information Memo February 18, 2003 Eagan City Council F. EXTENSION FOR RECORDING FINAL PLAT (CEDAR VILLAS) - SHELTER CORP. ACTION TO BE CONSIDERED: To approve an extension of time to record the final plat for Cedar Villas, located west of Nicols Road and north of Erin Drive in the SW '/4 of Section 30. FACTS: The City Council initially approved the Final Subdivision on October 15, 2002. A 60-day extension to February 14, 2003, was approved on December 17, 2002. • The applicant is requesting an additional 90-days, which would allow until May 15, 2003, to record the final plat. • A letter from the applicant is attached. They are scheduled to close the financing and begin construction in early April. ATTACHMENTS (1): Letter from Jay Jensen at Shelter Corp., page 14 ISHELTER January 31, 2003 Shelter Corporation Marilyn Wucherpfennig City of Eagan 3830 Pilot Knob Road Eagati, Minnesota 55122-1897 ('orporatc Office 900 sccnnli .accnuc South Sunc `SXII \lumcapoh,. \I\ i5-V)2-3325 I(1121 U1-750u Fa\ (,12- 1,:2_(281 Subject Submittal & Final PD - Cedar Villas townhomes Dear Marilyn, San Antonio Office I I[,I) Hcdiic,alnc I)rnc San -\nwow. T.\ 78'SX 121m 4X l Fm (211)118 1-9SW, We are requesting a ninety-day extension on the various Eagan approvals related to Cedar Villas Townhomes. We are scheduled to close the financing and begin construction in early April. Therefore, we need an extension to cover this time period. _ Please call me at 612-341-7810 with any questions. I will keep you posted as we progress on this project. Thank you for your cooperation. Sincerely, Jay Jensen Senior Vice President cc. Lori Zierden, Dakota County CDA 0 y ail 15" Agenda Information Memo February 18, 2003, Eagan City Council Meeting G. FINAL PLAT (EAGANDALE CENTER INDUSTRIAL PARK NO. 10) ACTIONS TO BE CONSIDERED: To approve a Final Plat (Eagandale Center Industrial Park No. 18) to combine four lots creating two lots consisting of Lots 20, 21, 22, 23, 24, Block 3, Eagandale Center Industrial Park No. 4, except the west 16.5 feet of Lots 20 and 21. FACTS: • The proposed plat reconfigures existing lot lines to create two lots (Lots 1 and 2, Eagandale Industrial Park No. 18). • The proposed Lots were originally platted as Lots 20, 21, 23, and 24, Block 3, Eagandale Center Industrial Park No. 4. • Lot 1 will consist of about 11.78 acres and Lot 2 will consist of about 3.5 acres. • All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat page] /Ip t d ° fFFSe 7 Eb Fo °YL e` o i - i r?f -°s 5 ?fiSg I 5 °E w> d Ssea 3 sg `63 a YR tb.} p g -° 10 R? F _ fM1 - $ a Sb ! •S £ m FA s f fi' L6 y •' Y 3 # a 5= • - r T E ? LR Ii i •t. o f :s' i ?o€ t.%s ?R Iz°i a° - i S 6 O ?6 °e q 58? ? p? 6s ?i? dab FzgY; -? 5 R z .a Y _F Y 6F Z?l ?° as i ° ? ?? ? pa? i € z•£ ?i ?° ?$ ? ?= 4 Yyq y ? O S / - -=L7 °? i?• _ Wis. U SysM r <%_'•_-?? ?':e,r\ 1 ;\?,`_ o F s l \` b ?... 4p s y S? :•?° ? S" ? I ? - ?` , tom' ? '? _ Ss r4 \ La B ¢• Y o Y- ?/ ?] . -- •a 38 Ol 110.1..•S . Sj Wr A. SOF>A 3?. D M ?m°° tli - _ ` ? R` D ?F _ - A06pOt JZS.Sl.av t a n °j+ t q. ] GY !7 Agenda Information Memo February 18, 2003 Eagan City Council Meeting H. SET PUBLIC HEARING DATE - TO CONSIDER REVOCATION OF INTERIM USE PERMIT FOR JIM OBERG ACTION TO BE CONSIDERED: To set a public hearing date to consider revocation of the Interim Use Permit for outdoor storage of equipment and trailers approved on October 1, 2002 for property owned by Mr. Jim Oberg, located in a Neighborhood Business zoning district, south of Red Pine Lane between Highway 3 and Biscayne Avenue in the SE '/4 of Section 36. FACTS: • The Interim Use Permit was approved to allow for outdoor storage of four trailers, four pieces of equipment, and 40 pallets for parts storage, subject to conditions. Condition 9 of approval states that "all refuse items shall be removed from the property and disposed of properly by October 31, 2002..." An inspection of the site was conducted on November 1, 2002 and refuse items noted on the site included pallets, tires, batteries, plastic 5-gallon buckets, cardboard boxes, and birdcages. A notice of noncompliance was sent to Mr. Oberg on November 12, 2002. Condition 9 of approval also states that "...items shall be placed in the storage area by November 31, 2002." An inspection of the site was conducted on December 2, 2002 and it was discovered the transfer of items into the storage area had not occurred. Vehicles, semi-trailers, scrap metal, pallets, excavation equipment, and vehicle parts were stored in numerous locations throughout the property. A notice of noncompliance was sent to Mr. Oberg on December 3, 2002. • A follow-up inspection was conducted on February 4, 2003 and refuse items noted on the site included broken pallets, barrels, brush/tree refuse, lumber and vehicle parts. Remaining items such as heavy equipment pieces, utility trailers, and scrap metal had not been moved into the storage area. • Condition I of approval states that "The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard." ATTACHMENTS (1) Minutes from the October 1, 2002 City Council meeting on page /q T *M0n94_ W Eagan City Council Meeting Minutes October 1, 2002 Page 5 INTERIM USE PERMIT - JAMES OBERG City Administrator Hedges introduced this item regarding a request for an Interim Use Permit to allow outdoor storage on property located south of Red Pine Lane between Highway 3 and Biscayne Avenue. Senior Planner Ridley gave a staff report. Councilmembers and the applicant, James Oberg, discussed the material to be used on the driveway and storage area and the proposed length of the interim use permit. Mayor Awada stated she was not in favor of the permit being approved for two years. Other Councilmembers commented on the advantages of having the area cleaned up and the transitional nature of the storage. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve an Interim Use Permit to allow outdoor storage on property located south of Red Pine Lane between Highway 3 and Biscayne Avenue in the SE 1/4 of Section 26 subject to the following conditions: Aye: 4 Nay: 1 Mayor Awada opposed. 1. The permit shall terminate upon the earlier of development of the property or October 1, 2004. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 2. The applicant shall apply for and obtain a grading permit for the proposed site preparation work prior to commencement of any grading activity. 3. All site grading improvements shall be constructed outside the existing drainage easements on the site and should not interfere with existing drainage patterns on the site or within Gun Club Road right-of- way. 4. A minimum 30-foot undisturbed buffer shall be maintained from the delineated edge of the wetland. Erosion control shall be established and maintained in compliance with the recently adopted erosion control ordinance. 5. The proposed storage shall be located so that it does not encroach into any wooded areas, and no significant trees shall be removed to accommodate the proposed outdoor storage The wooded areas shall be accurately identified on the plans for grading permit and protected from grading activities in accordance with the required protection measures in the City Code. 6. The existing driveway shall be graded and resurfaced along with the storage area. 7. This Interim Use Permit pertains only to the vehicles, trailers, and construction equipment, specifically, four trailers, four pieces of equipment and 40 pallets for parts. 8. All vehicles stored on the property must be currently licensed and operable, and all equipment must be in good repair. 9. All refuse items shall be removed from the property and disposed of properly by October 31, 2002 and the remaining items shall be placed in a storage area by November 31, 2002. PLANNED DEVELOPMENT AMENDMENT A.B. SYSTEMS, INC. City Administrator Hedges introduced this item regarding a Planned Development Amendment to amend the use of Lot 2, Block 1, Oak Cliff 9' Addition from a liquor store to a 15,000 square foot two story corporate office building, located south of Super America and east of Royal Cliff on Slater Road. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to amend the use of Lot 2, Block 1, Oak Cliff 9a' Addition from a liquor store to a 15,000 square foot two story corporate office building, located south of Super America and east of Royal Cliff on Slater Road in the NW '/4 of Section 31 subject to the following conditions. Aye: 5 Nay: 0 1. The developer shall enter into a Planned Development Agreement with the City. The following exhibits are required for the Planned Development Agreement: /k Agenda Information Memo February 18, 2003, Eagan City Council 1. EXTENSION FOR RECORDING FINAL PLAT - GIFT OF MARY ACTION TO BE CONSIDERED: To approve a 60-day extension of time to record the final plat for Gift of Mary, located south of Lone Oak Road and north of Hwy. 55 and bordering on Inver Grove Heights, in the NE '/4 of Section 12. FACTS: • The City Council approved the final plat on December 17, 2002. The plat is required to be recorded within 60 days of approval, which would be February 15, 2003. • The applicant is requesting an extension to allow an additional 60 days to record the final plat because of delays encountered at the Dakota County Assessor's and Recorder's Offices. • The 60-day extension would allow until April 15, 2003 for the plat to be recorded. • A letter from the applicant is attached. ATTACHMENTS (1): Letter from Walter Rockenstein on behalf of Gift of Mary, pages FAEGRE & BENSON LLP 2200 WELLS FARGO CENTER, 90 SOUTH SEVENTH MINNEAPOLIS, MINNESOTA 55402-3901 TeLei'.ow 612.766.7000 FACSIMILE 612.766.1600 www.f2egre.com February 10, 2003 Ms. Pamela Dudziak Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: Gift of Mary Plat Dear Pam: (I.FEri1;'?'?'n' BY FACSIMILE & U.S. MAIL (651) 675-5694 As you know from our previous discussions, Gift of Mary has made significant progress toward completing the platting process for the site it has purchased in Eagan. Despite these efforts, Gift of Mary requires additional time to ensure that the plat is accepted by the County for filing. The delays have involved two primary issues. First, obtaining the necessary property interest to close a gap between two of the parcels took several months longer than was anticipated. Gift of Mary, however, now has secured a quitclaim deed for the gap property and expects the deed to be recorded soon by the Dakota County Recorder. Additionally, substantial delays at the County Assessor's Office have made it impossible to present the plat for filing at this point. Gift of Mary has been advised by the Assessor's Office that up to five weeks will elapse after presentation of the deed before the necessary documentation will be given to the Recorder's Office. We have satisfied all the requirements for plat approval and expect the plat to be accepted by the County for filing within the next 60 days. Accordingly, Gift of Mary respectfully requests to be placed on the agenda for the next City Council meeting and that the City of Eagan grant to Gift of Mary a 60-day extension for acceptance of its plat for filing to accommodate these processing delays. Thank you very much for your consideration. Please feel free to call me anytime with any questions you may have. Very truly yours, Walter H. Rockenstein WHR: laakj : M 1:962568.01 cc: Richard Copeland Daniel Willenbring al Michele Caron Agenda Information Memo February 18, 2003 Eagan City Council Meeting J. CONTRACT 02-10, DODD ROAD (DIFFLEY RD TO WESCOTT RD) STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 2 to Contract 02-10 (Dodd Road - Diffley Road to Wescott Road Street & Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 02-10 provides for the street upgrade and utility improvements on Dodd Road from Diffley Road to Wescott Road (City Project No.'s 850 and 862). • The change order provided for the installation of sanitary sewer and water services, not originally anticipated with the preparation of the plans and specifications, for current and future uses of properties adjacent to Dodd Road. The installation of the services with the street upgrade eliminates future excavation of the roadway surface at time of connection by the properties. • The cost of the work is consistent with bid prices for relevant bid items on other projects within the City of Eagan. • 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 $27,371.56 (1.58% of original contract). The cost of the additional work under the change order will be financed by future connection charges collected when the benefiting property connects to the system. a? Agenda Information Memo February 18, 2003 Eagan City Council Meeting K. CONTRACT 01-07, LEXINGTON AVENUE (TOWN CENTRE DRIVE TO CLUBVIEW ROAD) STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 5 to Contract 01-07 (Lexington Avenue - Town Centre Drive to Clubview Road, Street & Utility Improvements), authorize the Mayor and City Clerk to execute all related documents, approve the final payment in the amount of $177,668.42 to McNamara Contracting, Inc. and accept the improvements for perpetual maintenance subject to warranty provisions and the related County Agreement. FACTS: • Contract 01-07 provided for the transportation upgrade improvements of Lexington Avenue (County Road No. 43) between Town Centre Drive and Clubview Drive, as outlined and discussed in the feasibility report for Project 771. • The change order provides for the waiving of payment for performance incentives, relating to bituminous paving, due the Contractor under the contract. • The change order also provides for the waiving of disincentive penalties on the Contractor, also related to bituminous paving, by the City and Dakota County, of equal value to the performance incentive payment. • The change order provides for no additional costs to the project, has been reviewed by the Engineering Division, and found to be in order for favorable Council action. • The work under Contract 01-07 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. a3 Agenda Information Memo February 18, 2003 Eagan City Council Meeting L. APPROVE AIRPORT RELATIONS COMMISSION RECOMMENDATION REGARDING CORRESPONDENCE TO METROPOLITAN AIRPORTS COMMISSION ACTION TO BE CONSIDERED: To approve an ARC recommendation regarding correspondence to MAC related to the Minneapolis-St. Paul International Airport (MSP) Noise Oversight Committee. FACTS: The Eagan Airport Relations Commission is recommending that the City send correspondence to the Metropolitan Airports Commission encouraging MAC to aggressively pursue user appointments on the MSP Noise Oversight Committee (NOC). MAC and the participating communities approved establishment of the NOC in August 2002. NOC is comprised of six community representatives (including Eagan) and six airport user representatives. To date, all six communities have appointed delegates. Only one airport user representative has been appointed. The City of Eagan strongly desires NOC to begin its work because of the number and significance of technical issues relating to the noise environment at and around MSP. ATTACHMENT: • Correspondence to MAC is on paged 167 c1 ?'-?4 -.. is city of aagan PAT GEAGAN Mayor PEGGY CARLSON CYNDEE FIELDS MIKE MAGUIRE MEG TILLEY Council Members THOMAS HEDGES City Administrator Municipal Center: 3830 Pilot Knob Road Eagan, MN 55122-1897 Phone: 651.675.5000 Fax: 651.675.5012 TDD: 651.454.8535 Maintenance Facility: 3501 Coachman Point Eagan, MN 55122 Phone: 651.675.5300 Fax: 651.675.5360 TDD: 651.454.8535 www.cityofeagan.com THE LONE OAK TREE The symbol of strength and growth in our community February 18, 2003 Ms. Vicki Grunseth, Chair Metropolitan Airports Commission 6040 28th Avenue South Minneapolis, MN 55450 Dear Chair Grunseth, RAFT The Metropolitan Airports Commission approved establishment of the Minneapolis-St. Paul International Airport (MSP) Noise Oversight Committee in 2002. Approval for this new noise study group, following the dissolution of the Metropolitan Aircraft Sound Abatement Council (MASAC) in 2000 and the subsequent Blue Ribbon Panel negotiations to reconstitute a collaborative noise forum, was welcomed by the communities around MSP as a much-needed opportunity to exchange information and work together to continue our long history of resolving noise issues. Unfortunately, the Noise Oversight Committee has yet to meet. All of the community representatives have been appointed. However, only one of the airport user representatives has forwarded a delegate. It will be extremely unfortunate if this newly established forum is allowed to languish for reasons of inattentiveness or commitment. The City of Eagan places a high value on our working relationships with the Metropolitan Airports Commission, Northwest Airlines and the other interested parties. The Noise Oversight Committee will be an important part of that working relationship. On behalf of our community, Chair Grunseth, I am encouraging you to take immediate action to bring the airport users to the table and begin the important and vital work of the MSP Noise Oversight Committee. We shall look forward to your response and also look forward to working with you as you lead the Metropolitan Airports Commission. Sincerely, DRAFT Pat Geagan Mayor Copy: Jeff Hamiel, MAC Executive Director NOC community mayors Qf? Agenda Information Memo February 18, 2003 M. LANGHOVEN (LOTS 1-5 & 10) EASEMENT VACATION ACTION TO BE CONSIDERED: Schedule a public hearing to be held on March 18, 2003, to consider the vacation of public easements within the plat of Langhoven. FACTS: • On April 2, 2002, the City Council approved Project 800R, Cedar Grove Access Modifications, as a follow-up to their previous approval of the Village Plaza study for the redevelopment of the Cedar Grove (formerly Cedarvale Area). The realignment of the public streets adjacent to the Langhoven plat required the acquisition of parcels within the plat and the removal of the existing residential structures. • Dedication of the new public right-of-way for the relocated streets requires the replatting of the remnant property acquired by the City of Eagan. • The easements proposed to be vacated were originally dedicated in January, 1958, as part of the Langhoven plat for drainage and utility purposes and grading (slope easement). No utility facilities exist within the easements. Adequate replacement drainage and utility easements will be dedicated as part of the new final plat combining the six remnant lots • The request is necessary for the City to replat the remaining portions of Lots 1 through 5 and 10 and redevelop the site. The vacation of these easements would clean up the proposed plat by avoiding any underlying recorded dedications. • Notices will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Legal Description, graphic, paged] • Location Map, page ?. aco Silver Bell Road LNJ 2 N M 17' SLOPE EASEMENT AS PER PLAT O 4 ? 10 L- >, 5 9 N O ----- ------ --- ---- 0 2 Proposed Easement Vacations Description of easements to be vacated: Vacate all utility easements and slope easements over and across Lots 1,2,3,4,5 810, Block 1, Langhoven Dakota County, Minnesota according to the recorded plat thereo#. Proposed Easement Vacations Feb.12, 03 City of Eagan c27 10000 Q ?1 Gam. Q,. N.LtIC SAPP IRE LN R JADE LANE ¢? 7s .2 Q ? o ? CpR? OR v ? ?r V Ply CT ? a CEDAR POND ?? e RUPN PARK ZIRCON LN CT C 41 CT SAPPFL RD 8' o I= I PYU CT. r'- CRL CIR iu rc ' V O:Temp\LANGHOVEN_VAC_LOC Proposed Vacation Location Map Feb. 14,2W3 Langhoven Plat City of Eagan a- AGENDA MEMO February 18, 2003 CONSENT AGENDA: N. 2003 Commercial Fertilizer License Renewal ACTION TO BE CONSIDERED: Approve 2003 Commercial Fertilizer License Renewal for Pro Turf, 7780 West 215`'' Street, Lakeville, MN. FACTS: • Staff has reviewed the application and deem it in order for approval. C?l Agenda Information Memo February 18, 2003 Eagan City Council Meeting 0. CONTRACT 03-10, SELMARKJ HARVEY/ BURRVIEW ADDITIONS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 0310 (Selmark/Harvey/Burrview Additions - Street Improvements), authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, February 27, 2003. FACTS: Contract 03-10 provides for the bituminous resurfacing of the streets in the Selmark/Harvey/Burrview neighborhood (Project 764R), as outlined and discussed in the feasibility report for the project. On December 2, 2002, the City Council held a public hearing for Project 764R. After a presentation of the project and public comment from three residents, the Council approved the project and authorized preparation of detailed plans and specifications. The plans and specifications have been completed by the City's consultant, BRAA, Inc. and are being presented to the City Council for their approval and authorization for the advertisement of bids. 30 Agenda Information Memo February 18, 2003 Eagan City Council Meeting P. CONTRACT 03-07, CEDAR GROVE REDEVELOPMENT AREA - HOUSE DEMOLITION/ REMOVAL ACTION TO BE CONSIDERED: Approve the specifications for Contract 03-07 (Cedar Grove Redevelopment Area - House Demolition/Removal) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, February 27, 2003. FACTS: • On February 6, 2001, the City Council authorized the reconfiguration of Silver Bell Road, from TH-13 to Beau D' Rue Drive, including the combining of the intersections of Cedarvale Boulevard and Beau D' Rue Drive and the installation of a traffic signal at this new intersection, as outlined and discussed in the feasibility report for Project 800R (Cedar Grove Access Modifications). • As part of the approval for Project 800R, the City Council also directed the acquisition of several homes and businesses to accommodate the new intersection configuration. • Contract 03-07 provides for the demolition and removal of three single-family residential houses at 3816 Cedar Grove Parkway, 3822 Cedar Grove Parkway, and 3820 Alder Lane. • The specifications have been completed by City Engineering staff and are being presented to the City Council for their approval and authorization of the advertisement of bids. 31 Agenda Information Memo February 18, 2003 CONSENT AGENDA: Q. APPROVE the Community Center operating policies and bandshell policy, per the recommendation of the Operations Committee. ACTION TO BE CONSIDERED: To approve the Community Center operating policies and bandshell policy, per the recommendation of the Operations Committee. FACTS: • The Operations Committee and staff have reviewed and discussed the Community Center operating policies and bandshell policy at numerous committee meetings. The committee recognizes that the policies being presented to the Council will not encompass all of the policies at the Community Center, as the need for more policies will become apparent once the Community Center is operational. ATTACHMENTS: Attached without page number are the operating policies and bandshell policy to be considered by the City Council. 3a Agenda Information Memo February 18, 2003 CONSENT AGENDA: R. REMOVE the freeze on Community Center expenditures, including FF&E purchases, per the recommendation of the Operations Committee. ACTION TO BE CONSIDERED: To authorize the removal of the Community Center expenditures freeze (per the direction at the 12/23/02 City Council meeting) and direct staff to proceed in FF&E purchases. FACTS: • At the 2-5-03 Operations Committee meeting, the committee and staff discussed the FF&E needed prior to the opening of the Community Center, including but not limited to, the fitness equipment and meeting room/banquet room furniture. • Staff noted that given the lead-time necessary to order the FF&E items, staff needs authorization to proceed in purchasing the equipment. 33 Agenda Information Memo February 18, 2003 CONSENT AGENDA: S. APPROVE the recommendation of the Operations Committee to raise the Banquet Room Rental fee from $700 to $800 on Saturdays only, to go into effect for new booking in 2004. ACTION TO BE CONSIDERED: To approve the recommendation of the Operations Committee to raise the Banquet Room Rental fee from $700 to $800 on Saturdays only, to go into effect for new booking in 2004. FACTS: • At the February 5, 2003 Operations Committee meeting, the committee and staff discussed and reviewed the high demand for Saturday night bookings at the Community Center Banquet Room. • It was staff's recommendation to increase the room fee on Saturday nights to $800, which remains competitive with other facilities. • The increase would only apply to new bookings in 2004. Those that already have made their reservations in 2004 would not be charged the increased rate. • The committee discussed staff's observations, and recommends to the City Council that the Banquet Room Rental fee be raised from $700 to $800 on Saturdays only, to go into effect for new booking in 2004. a4 Agenda Information Memo February 18, 2003 Eagan City Council Meeting T. APPROVE LISTING AGREEMENT FOR REALTOR SERVICES - CLARK STREET AND STRAWBERRY LANE ACTION TO BE CONSIDERED: To approve a resolution accepting the listing agreement with Lisa Rumbaugh of The Real Estate MarketPlace for realtor services representing the City of Eagan in the sale of publicly-owned residential properties at 2230, 2238 and 2246 Clark Street and 4185 Strawberry Lane, and authorizing the City Administrator to work with the realtor to establish selling prices for each of the four properties. FACTS: • The City of Eagan purchased the properties at 2230, 2238, and 2246 Clark Street and 4185 Strawberry Lane as part of the storm mitigation projects following the July 2000 flooding. Each of the homes had significant water intrusion through the lower-level walkouts. The homes were retrofitted from walkouts to lookouts and the properties have been or are being regraded to further mitigate the chance that the homes will flood in the future. • The City prepared a Request for Proposals/Qualifications to solicit a realtor to represent the City in the sale of these properties. The RFP was sent to the Southern Twin Cities Association of Realtors (STCAR) for distribution to over 600 members on the STCAR listserv. The RFP was also posted on the City's website. • The RFP was first sent out in late December stipulating that commission rates were not to exceed three percent (3%). No proposals were received. The RFP was re- released in mid-January that increased the acceptable commission, for purposes of submitting a proposal, to six percent (6%). Twenty-three responses were received. • The proposals were evaluated on the following criteria: acceptable commission rate, experience selling in Eagan and Northern Dakota County, inclusion of a marketing plan and sample listing agreement, and the extent to which the submittal met other terms of the RFP. Five candidates were selected for interviews. • The recommendation to list with Ms. Rumbaugh is heavily weighted upon her stated commission rate of 4.47%. Compared to the others interviewed, the difference in commission payout could be as much $4,000 or more depending on the sale prices of the homes. Ms. Rumbaugh is also highly experienced with over 16 years in the business, working primarily in Northern Dakota County and the south suburbs. ATTACHMENT: • Resolution approving a listing agreement and authorizing the city administrator to set the sale price of the homes on page. 15- RESOLUTION CITY OF EAGAN APPROVING LISTING AGREEMENT FOR SALE OF FOUR CITY-OWNED HOMES AND AUTHORIZING THE CITY ADMINISTRATOR TO SET THE LIST PRICES OF THE HOMES WHEREAS, the City of Eagan purchased single-family residential properties at 2230 Clark Street, 2238 Clark Street, 2246 Clark Street, and 4185 Strawberry Lane; and WHEREAS, the homes have been modified as part of the July 2000 storm mitigation project; and WHEREAS, the City of Eagan is making the homes available for purchase through the services of a realtor; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the listing agreement with Lisa Rumbaugh of The Real Estate MarketPlace for realtor representation, and authorizes the City Administrator to set the list prices of the homes. Motion by: Seconded by: Those in Favor: Those Against: Date: FEBRUARY 18, 2003 CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk 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 18`' day of February, 2003. Maria Karels, City Clerk Agenda Information Memo February 18, 2003 Eagan City Council Meeting U. APPROVE CHANGE ORDER #10- COMMUNITY CENTER ACTION TO BE CONSIDERED: Approve Change Order #10 for the Eagan Community Center in the amount of $543.00 FACTS: 1) ARCHITECTURAL REVISIONS PCO 1126 Operable Partitions- 27- H&B $(734.00) Deduct the marker and tack boards PCO 1140 Add black metal at the canopies 14- Schwickert $770.00 RFI #136A- Modify mechanical room PCO 1143 stairway. Plans show 3' wide and it needed 06- Hawk and Sons $157.00 to be 4'. PCO 1146 Add VCT in room #215 24- RE: Source Minnesota $212.00 2) MECHANICAL AND ELECTRICAL REVISIONS Modify cabinet & temp sensor in #208- PCO 1139 Upper cabinet was deleted and the 33-Javens $138.00 temperature sensor had to be relocated next to remaining cabinet. TOTAL these $543.00 changes ATTACHMENTS: • None 37 Agenda Information Memo February 18, 2003 V W APPROVE ON-SALE WINE LICENSE HUNAN GARDEN ACTION TO BE CONSIDERED: To approve the On-Sale Wine and Sunday license for Hunan Eagan Buffet, Inc., dba Hunan Garden, 1304 Town Centre Drive. FACTS: • Hunan Eagan Buffet, Inc. has applied for an On-sale and Sunday Wine license with the City of Eagan. The officer of the corporation is Linh Duong. • The required documents have been submitted, reviewed and deemed in order by City staff. • The Police Department has conducted an investigation on the principal and does not find any reason to deny the applicant the On-sale and Sunday Wine license. ATTACHMENTS: • Application enclosed without page number. 3? Agenda Information Memo February 18, 2003 CONSENT AGENDA: VU, APPROVE the Operations Committee recommendation regarding the Community Center building component opening dates, soft opening date, and grand opening date. ACTION TO BE CONSIDERED: To approve the following recommended building component opening dates, soft opening date, and grand opening date: o April 14-ECVB Opening Date o May 2-The Blast and Meeting Rooms open o May 10-first wedding reception in Banquet Room o May 11-Senior Center opens o August 9-Fitness Center open o August 11-Gym opens and is scheduled for programming o September 5-Teen Center opens o September 8-Fitness Classes begin o Soft Opening-May 3 o Grand Opening-September 27 FACTS: • The Operations Committee reviewed the proposed opening dates for each of the building components at their January 22 and February 12 meeting. • At the February 5 Operations Committee meeting, Councilmember Carlson offered to organize the May 3 soft opening event. • The committee recommends Saturday, September 27 as the Grand Opening date for the Community Center (September 27 is the only Saturday in Fall 2003 that the banquet room is available). • The above recommendations are consistent with staff's suggested opening dates. 35 Agenda Information Memo February 18, 2003 CONSENT AGENDA: ISSUE change directive to install an expanded masonry fireplace base and flower box inset at the Community Center. ACTION TO BE CONSIDERED: To issue a change directive to install an expanded masonry fireplace base and flower box inset at the Community Center. FACTS: • After meeting with Parks and Recreation Director Vraa and contractors at the Community Center, the operations committee discussed the changes to the Community Center fireplace at the February 5 and February 12 Operations Committee meeting. • The committee is recommending an expansion of the masonry fireplace base and flower box inset. • The recommended improvement is estimated to cost $7,400. • Should the Council approve the change directive, a change order for the improvement would be on a future City Council agenda for the Council's consideration. qD Agenda Information Memo February 18, 2003 Eagan City Council Meeting PUBLIC HEARING A. PROJECT 881, TWIN VIEW MANOR (ERIKS BOULEVARD) STREET LIGHTING IMPROVEMENTS ACTION TO BE CONSIDERED: 1. Approve Project 881 (Twin View Manor/ Eriks Boulevard - Street Lighting Improvements) and authorize its installation through a construction agreement with Dakota Electric Association; OR 2. Deny Project 881 (Twin View Manor/ Eriks Boulevard - Street Lighting Improvements). FACTS: • On September 26, 2002, City staff received a petition from 21 residents representing 15 properties on Erik's Boulevard (75% of adjacent total) requesting the installation of streetlights on Erik's Boulevard. Erik's Boulevard is part of the Twin View Manor and Hillcrest Addition neighborhood located west of Pilot Knob Road and south of Cliff Road. • On October 15, 2002 the City Council directed staff to prepare a feasibility report considering the installation of streetlights along Erik's Boulevard in the Twin View Manor and Hillcrest Addition neighborhoods. • On January 21, 2003, the feasibility report for Project 881 was presented to the City Council and a Public Hearing was scheduled for February 18 to formally present and discuss the report with the adjacent property owners. • On February 13, 2003, an informational neighborhood meeting was held with the adjacent property owners prior to a public hearing to review and discuss the proposed improvements. Of the 21 residential properties proposed to be assessed under this improvement, 8 residents representing 7 properties attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages through. • Minutes of Neighborhood Informational Meeting, pages53 through5 41 FEASIBILITY REPORT ERIK'S BLVD. - TWIN VIEW MANOR ADDITION STREET LIGHTING PROJECT 881 EAGAN, MN FEBRUARY 2003 49? PAT GEAGAN Mayor PEGGY CARLSON CYNDEE FIELDS MIKE MAGUIRE MEG TILLEY Council Members city of aagan February 14, 2003 Honorable Mayor & City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: CITY PROJECT NO. 881 - ERIK'S BLVD., TWIN VIEW MANOR ADDITIONS - STREET LIGHTING THOMAS HEDGES City Administrator Municipal Center: 3830 Pilot Knob Road Eagan, MN 55122-1897 Phone: 651.675.5000 Fax: 651.675.5012 TDD: 651.454.8535 Maintenance Facility. 3501 Coachman Point Eagan, MN 55122 Phone: 651.675.5300 Fax: 651.675.5360 TDD: 651.454.8535 www.ciryofeagan.com THE LONE OAK TREE The symbol of strength and growth in our community Dear Mayor & City Council: Enclosed is the Feasibility Report for Erik's Blvd., Twin View Manor Additions - Street Lighting Improvements. This report includes the preliminary cost estimates and preliminary assessment rolls for the project based on the number of streetlights to be installed. Staff will be available to discuss and present the details of the project to the City Council and other interested public at a time convenient to the Council. Sincerely, nn n P. Gorder, P.E. Assistant City Engineer I hereby certify that the attached plan, specifications, or report was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer under the laws of the State of Minnesota. ffsz:l7";ft REG. NO. 22813 g4in P. Go 4er, P.E. Assistant itt Engineer Date: 2 - Iq-03 Date: 2- It "0-? Finance 13 ERIK'S BLVD. - TWIN VIEW MANOR ADDITIONS SCOPE: This project covers the installation of streetlights serving the residents along Erik's Blvd., in the Twin View Manor ls` & 2nd Additions plus two adjacent non-platted parcels (010- 03, 030-03) on the north end of the street. (see Location Map) All streetlights would be installed within the public right-of-way. F yy. a r* + ?J. a+? ?^t? .7.?,? ?'. r. 7t-`?, ?•''a ?'?'."7'?I ?3'' uw'Y',_ g, ??r? M;rq ~ar ,4l ar L' -...-?b`.frl ?_..d?.. i:a+:•a ;- :ti4Py o? L:? ?,.., ?,_ _ PW_ ?• ,_ t-'fie„. } .z- - 31. * k ..? .'. .? .y is x P - - y ti. - ' O s.. F,' '•, J .,. ..,.., .?i`.L ._-..a.y .-?..,::5`-?a nom. ,i?i.C=???.... __.?z..'' _ _..r_ _ ..?..'? __:..??.'la??.r`9? aC^' ?:.,.?.._-.?`, Looking North on Erik's Blvd. FEASIBILITY AND RECOMMENDATION: This project is feasible and is in accordance with the City's policy on the installation of streetlights in residential areas. DISCUSSION: 15 of the 21 property owners (71.4%) living along Erik's Blvd. have petitioned for the installation of streetlights. (see Figure 1) This area was developed before the City of Eagan adopted a comprehensive street lighting policy. Since the enactment of this policy, all new subdivisions have been required to install streetlights and pay for energy costs with their utility bill. The policy also has a provision enabling older additions to petition for streetlights. Under this provision, the cost of street lighting installation is assessed to benefitting parcels. The energy charge will be paid quarterly by the residents along with their utility bill. The 2003 energy charge is $3.10/unit per quarter. The energy needs for Erik's Blvd. will be provided by Dakota Electric Association which offers the type of streetlight poles, lighting fixtures, and maintenance with underground service for residential street lighting in accordance with the City of Eagan's street lighting policy. Three ,100-watt ornamental streetlights are proposed to be installed in the approximate location as shown on the attached Figure. (See Figure 1) ORNAMENTAL STREET LIGHTS: The three proposed streetlights are the standard residential, ornamental design with 100-watt high-pressure sodium luminaires mounted on 18' standard fiberglass poles as shown on the attached detail plate. (see Figure 2) COST ESTIMATE: The cost estimate, as provided by Dakota Electric Association, (see attached correspondence) includes the cost of underground conduit, street light poles, lighting fixtures and a 10% contingency. Also included below is administration, legal and other related indirect costs. 3 - 100-watt ornamental street lights @ $7,000.00 L.S. Permits Subtotal 10% Contingency factor 20% Indirect costs TOTAL: REVENUE SOURCE ASSESSMENT COST REVENUE Installation $9,360 $9,360 $7,000 $200 $7,200 $720 $1,440 e9 to CITY RESPONSIBILITY -0- ASSESSMENTS: Assessments are proposed to be levied in accordance with the City's Special Assessment policy. All costs of the project will be assessed. All designated 21 parcels along Erik's Blvd. are designated R-1, Low Density Residential. The City's Assessment Policy states that 100% of Neighborhood Lighting is assessable to all benefiting parcels. The estimated cost per residential lot to be assessed based on the City Assessment Policy is $446/lot and is calculated as follows: IMPROVEMENT COSTS ASSESSMENT CALCULATION ASSESSMENT RATE $9,360 $9,360/21 Lots $446/Lot Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule will result for a single-family home based on an estimated 5.5% interest for the assessed amounts: Single Family Residential Lot = $446 Principal Interest Cost Per Year Per Year Per Year First Year $89 $25 $114 Fifth Year $89 ASSESSMENT AREA (see Figure 3 ) Parcel Description Twin View Manor 1 S` Addition Block 2, Lots I & 2 Block 3, Lots I - 6 Block 4, Lots 7 - 9 Block 5, Lots I - 6 Twin View Manor 2' Addition Block 1, Lots 10 & 11 Parcels 4737 Erik's Blvd. 4765 Pilot Knob Rd. $5 PIN # 10-03300-010-03 PIN # 10-03300-030-03 TOTAL: PROJECT SCHEDULE: The proposed schedule is as follows: Present Feasibility Report/Schedule Public Hearing Neighborhood Meeting Public Hearing Lite $94 # OF LOTS 2 6 3 6 2 1 21 Lots January 21, 2003 February, 2003 February 18, 2003 Authorize Construction Agreement w/ D.E.A. Construction Completion Final Assessment Hearing First Payment Due with Property Tax statement February 18, 2003 July 31, 2003 Fall, 2003 May 15, 2004 47 CLIFF ROAD Q A ` UV ?P,F v o CLIFF ROAD C STREETLIGHTS IMPROVEMENTS AREA 12-19-2002 G: Feosability2003/881 /ErikaJocation ERIK'S BLVD. STREETLIGHT IMPROVEMENTS ?5clty of Eagan LOCATION MAP - PROJECT #881 L tD I 1469 1471 1473 Z 1475 -I U) 1477 0 1479 1481 37 1485 LN. RICHARD'S . PST O M m 0 Z 0 -J a NW if. Q Streetlight Petitioners IiV Existing Street Lights Proposed Street Lights Erik's Blvd. Streetlight Improvements FIG. Petitioning Properties - Project #881 ? City of Eagan Proposed Street Light Installations PEBBLE F-1 1 1 OPTIONS THIS UNIT REQUIRED WHEN FEED AND FUSE ARE FROM AN UNDERGROUND TRANSFORMER. THIS UNIT REQUIRED WHEN FEED IS FROM A B PEDESTAL AND THE FUSE IS PLACED INSIDE. (Pedestal to be specified on staking sheet) THIS UNIT REQUIRED WHEN FEED IS FROM A C DIRECT BU RIED SPLICE. (Use small power pedestal to house fuse unit) THIS UNIT REQUIRED WHEN FEED IS FROM AN D OVERHEAD SECONDARY OR TRANSFORMER FUSE AT THE TOP OF THE POLE. 0 TAMP WELL AROUND POLE GROUND ELEV. O 2' (2) #6 AWG TYPE U.S.E. CONDUCTOR 25' RAD O 14' 4' I 30'-34' B-B MATERIALS LIST 4- G: Detail Plates/E605 <;?> Fig. 2 City of Eaaan 60' R/W TYP. I O - LIGHT POLE I TYP. LIGHT POLE LOCATION DESCRIPTION 1 1 18' POLE (Fiberglass) 2 CONNECTORS AS REQUIRED 3 1 120 VOLT PE CELL 4 1 POST TOP LUMINAIRES 5 1 LAMP (Specify 100W or 150W) H.P.S. 6 =110AMP- BUSS FUSE & IRON H.E.B. HOLDER RESIDENTIAL POST TOP Revised splaatedaord LUMINAIRE INSTALLATION 1-99 700 DAKOTA ELECTRIC A S S O C I A T 1 0 N Your Touchstone Etxrgy-Partner a( A locally owned, nonprofit electric utility RECEIVED November 12, 2002 Tim Pahr City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Erik's Blvd.-Street Light Estimate Dear Tim: Nov 14 2002 EAGAN ENGINEERING DEPARTMENT I have reviewed the City street light proposal for the Erik's Blvd. lighting project. Dakota Electric can provide the three 100-watt post top lights on fiberglass poles for $7,000.00. :Costs for easements, permits or frost charges would be in addition to the $7000.00. DEA can honor this price through the 2003 construction season in the event the project is accepted but needs to wait until spring to avoid the frost charges. Please feel free to contact me at (651) 463-6332 if you have any questions. Sincerely, Craig E. Knudsen Land Use Manager 4300 220th Street West forma ,ytoe, ...', 55024.9583 1.800-874.3409 general: 651.463.6212 foz 651-463.6256 www.dokotoelemic.com primed on rry:ie^ Doan' 1'tOJ 1469 1471 1473 2 1475 -J CO) '1477 1479 1481 37 1485 4 LN. 1481 1 1486 b City of Eagan RICHARD'S Vzzlli Streetlight Petitioners - - - - • Assessed Properties O cr CO 0 z I- 0 -J 0 Erik's Blvd. Streetlight Improvements Assessed Properties - Project #881 5-4? ir FIG. 3 PEBBLE F`1 F-f TWIN VIEW MANOR (ERIKS BLVD) STREET LIGHT IMPROVEMENTS CITY PROJECT NO. 881 INFORMATIONAL NEIGHBORHOOD MEETING February 13, 2003 6:30 p.m. Attendance: John Gorder- Assistant City Engineer, 8 persons representing 7 properties. See attached sign-in sheet A. Welcome and Introduction Assistant City Engineer Gorder reviewed the proposed installation, cost, assessments, and schedule of the street light improvement project with the attendees. B. Questions/Comments: 1. Where will the power to supply these lights come from? The power will need to be extended (trenched) from overhead power lines along Pilot Knob Road. The power lines will be bored under driveways to minimize their disturbance, and then otherwise open-trenched. Disturbed boulevard areas will be restored. 2. What if we don't want the street light mid-block between Delores Lane and Rebecca Lane? The mid-block location is proposed in accordance with the City's current standards of an approximately 300-foot spacing for lights between intersections If the neighborhood wishes to have 2 lights installed instead of 3, there should be a strong consensus among the affected residents and present that to the Council at the public hearing. 3. Would the cost per lot be reduced with just 2 lights versus the proposed 3? The assessed cost per lot would be reduced, but likely not by 1/3, because of built-in mobilization and overhead costs associated with the work. Again, there should be a strong neighborhood consensus as to what lights they wish to have installed. The meeting adjourned at 7:10 p.m. IG3 NEIGHBORHOOD MEETING ERIK'S BLVD - STREETLIGHTING PROJECT 881 THURSDAY, FEBRUARY 13, 2003 - 6:30 P.M. NAME 2. 3. 44Wl S Ca 4. y o e a ,s 4- Lo.a,c.4J 3u r .cs 5. 6. d1' /C eh`t i h 7.D?? 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G: FOR M S/SIGN-I N. S heet ADDRESS -475 j ?/k t , ' b . ygz?- (A? C) 4L-a0 L!'ZL( L/ 1?--5 //u-,- 137 fi, ,6 4"7 7sC5 r-; 54 Agenda Information Memo February 18, 2003 Eagan City Council Meeting B. PROJECT 883, CLEARVIEW ADDITION (BEECHER DRIVE) STREET LIGHTING IMPROVEMENTS ACTION TO BE CONSIDERED: 1. Approve Project 883 (Clearview Addition/ Beecher Drive - Street Lighting Improvements) and authorize its installation through a construction agreement with Dakota Electric Association; OR 2. Deny Project 883 (Clearview Addition/ Beecher Drive - Street Lighting Improvements). FACTS: • On October 28, 2002, City staff received a petition from 16 residents representing 11 properties on Beecher Drive (69% of adjacent total) requesting the installation of streetlights on Beecher Drive. Beecher Drive is part of the Clearview Addition neighborhood located east of Blackhawk Road and north of Cliff Road. • On November 7, 2002 the City Council directed staff to prepare a feasibility report considering the installation of streetlights along Beecher Drive in the Clearview Addition neighborhood. • On January 21, 2003, the feasibility report for Project 883 was presented to the City Council and a Public Hearing was scheduled for February 18 to formally present and discuss the report with the adjacent property owners. • On February 13, 2003, an informational neighborhood meeting was held with the adjacent property owners prior to a public hearing to review and discuss the proposed improvements. Of the 16 residential properties proposed to be assessed under this improvement, 6 residents representing 6 properties attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pagesthrough0. • Minutes of Neighborhood Informational Meeting, pages through &. 55" FEASIBILITY REPORT BEECHER DR - CLEARVIEW ADDITIONS STREET LIGHTING PROJECT 883 EAGAN, MN FEBRUARY 2003 Gb city of aacpan PAT GEAGAN Mayor PEGGY CARLSON CYNDEE FIELDS MIKE MAGUIRE MEG TILLEY Council Members THOMAS HEDGES City Administrator Municipal Center: 3830 Pilot Knob Road Eagan, MN 55122-1897 Phone: 651.675.5000 Fax: 651.675.5012 TDD: 651.454.8535 Maintenance Facility: 3501 Coachman Point Eagan, MN 55122 Phone: 651.675.5300 Fax: 651.675.5360 TDD: 651.454.8535 www.cityofeagan.com February 14, 2003 Honorable Mayor & City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: CITY PROJECT NO. 883 - BEECHER DR., CLEARVIEW ADDITIONS STREET LIGHTING Dear Mayor & City Council: Enclosed is the Feasibility Report for Beecher Dr., Clearview 1s' & Yd Additions - Street Lighting Improvements. This report includes the preliminary cost estimates and preliminary assessment rolls for the project based on the number of streetlights to be installed. Staff will be available to discuss and present the details of the project to the City Council and other interested public at a time convenient to the Council. Sincerely, ohn P. Gorder, P.E. Assistant City Engineer I hereby certify that the attached plan, specifications, or report was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer under the laws of the State of Minnesota. l/'?ti /7?? REG. NO. 22813 hn P. Gor , P.E. Assistant Ci ngineer Date: ;2- Date: 2 i A, 0) THE LONE OAK TREE The symbol of strength and growth in our community Finance 57 BEECHER DR. - CLEARVIEW 1St & 3rd ADDITIONS SCOPE: This project covers the installation of streetlights serving the residents along Beecher Dr., in the Clearview 1St & 3rd Additions. All streetlights would be installed within the public right-of-way. (see Location Map) Alt L4?fi??- ` Y. . .y. •ri.7Mj.. FEASIBILITY AND RECOMMENDATION: This project is feasible and is in accordance with the City's policy on the installation of streetlights in residential areas. It can best be accomplished as outlined herein and not as a part of any other project. DISCUSSION: 11 of the 16 property owners (68.8 %) living along Beecher Dr. have petitioned for the installation of streetlights. (see Figure 1) This area was developed before the City of Eagan adopted a comprehensive street lighting policy. Since the enactment of this policy, all new subdivisions have been required to install streetlights and pay for energy costs with their utility bill. The policy also has a provision enabling older additions to petition for streetlights. Under this provision, the cost of street lighting installation is assessed to benefitting parcels. 56 Looking East on Beecher Drive The energy charge will be paid quarterly by the residents along with their utility bill. The 2003 energy charge is $3.10/unit per quarter. The energy needs for Beecher Dr. will be provided by Dakota Electric Association which offers the type of lighting fixtures, and maintenance with underground service for residential street lighting in accordance with the City of Eagan's street lighting policy. Three 100-watt streetlights are proposed to be installed in the approximate location as shown on the attached Figure. (see Figure 1) STREET LIGHTS: The three proposed mast-arm streetlights will be mounted on existing Dakota Electric wooden power poles along Beecher Drive. COST ESTIMATE: The cost estimate, as provided by Dakota Electric Association, (see attached correspondence) includes the cost of underground conduit, lighting fixtures and a 10% contingency. Also included below is administration, legal and other related indirect costs. 3 - 100-watt street lights @ $4,500 L.S. Permits Subtotal 10% Contingency factor 20% Indirect costs TOTAL: REVENUE SOURCE ASSESSMENT COST REVENUE Installation $6,110 $6,110 $4,500 $200 $4,700 $470 $940 CITY RESPONSIBILITY -0- ASSESSMENTS: Assessments are proposed to be levied in accordance with the City's Special Assessment policy. All costs of the project will be assessed. Final assessment costs will be based on final project costs. All designated 16 parcels along Beecher Dr. are designated R-1, Low Density Residential. The City's Assessment Policy states that 100% of Neighborhood Lighting is assessable to all benefiting parcels. The estimated cost per residential lot to be assessed based on the City Assessment Policy is $382/lot and is calculated as follows: IMPROVEMENT COSTS $6,110 ASSESSMENT CALCULATION $6,110/16 Lots ASSESSMENT RATE $3 82/Lot 59 Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule will result for a single-family home based on an estimated 5.5% interest for the assessed amounts: Single Family Residential Lot = $382 Principal Interest Cost Per Year Per Year Per Year First Year $76 $21 $97 Fifth Year $76 $4 $80 ASSESSMENT AREA (see Figure 3) Parcel Description Clearview 1S` Addition Block 1, Lots 2 - 5 Block 2, Lots 6 - 9 Block 3, Lots 1- 3 Block 3, Lots 041-03 & 042-03 Clearview 3rd Addition Block 1, Lots 1 - 3 TOTAL: PROJECT SCHEDULE: Present Feasibility Report/Schedule Public Hearing Neighborhood Meeting Public Hearing Authorize Construction Agreement w/ D.E.A. Construction Completion Final Assessment Hearing First Payment Due with Property Tax statement # OF LOTS 4 4 3 2 3 16 Lots January 21, 2003 February 13, 2003 February 18, 2003 February 18, 2003 May 1, 2003 Fall, 2003 May 15, 2004 W6 /N / PROJECT LOCATION ,,._ THRUSH PT. a?s+eamzoos/?/u.e?.?.vou? City of Eagan (CO.RD.30) BEECHER DRIVE STREETLIGHT IMPROVEMENTS LOCATION MAP - PROJECT 883 (ol BE ST. O C Nov. 22, 2003 Y?P?,c?" ion 10 638 LANE 1820 3 2 4. ,824 s 1 1840 4 5 6 7 8 11 W 1844 1836 183 1 1826 4396 > U O U 010-01 2 3 1845 1841 BEECHER CLIFF ROAD Streetlight Petitioners Existing Street Lights G:\Feasibity2003\883\Figl.dwg 12-19-02 Proposed Street Lights Beecher Dr. Streetlight Improvements FIG. Petitioning Properties - Project #883 Proposed Street Light Installations City of Eagan r' DAKOTA tJ ELECTRIC RECEIVED A S S O C I A T I 0 N You Touchstone Fnecgyr Partner oA DEC ! 2 2002 A locolly owned, nonprofit electric utility EAGAN ENGINEERING DEPARTMENT December 9, 2002 Tim Pahr City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Beecher Drive-Street Light Estimate Dear Tim: I have reviewed the City street light proposal for the Beecher Drive lighting project. Due to an existing overhead light at Blackhawk Road and Beecher Drive I have relocated the one light to the southeast corner of Walnut Lane and Beecher Drive. Dakota Electric can provide the three 100-watt post top lights on fiberglass poles for $4500.00. Costs for easements, permits or frost charges would be in addition to that amount. DEA can honor this price through the 2003 construction season. Please feel free to contact me at (651) 463-6332 if you have any questions. Sincerely, Craig E. Knudsen Land Use Manager Enclosure 4300 220th Sneer Wesr Formincron, M!, 55024.9583 1.800.8743409 general: 6514636212 fox: 651463.6256 www.dakotoelectric.com p,intec on reryrled pepe, tD5 31 1825 J? 3 LANE 2 4 ' S?? 1 4 5 7 8 0 CPR" 2 3 010 -01 1845 1841 I CLIFF ROAD A Streetlight Petitioners - - - - - - 0:\ .c&bilty2003\883\Fp4.dwg 12-19-02 Assessed Properties Beecher Dr. Streetlight Improvements FIG. Assessed Properties 3 City of Eagan BEECHER DR. 13 4565 1 oo? 1 2 14 e e CLEARVIEW ADDITION (BEECHER DRIVE) STREET LIGHT IMPROVEMENTS CITY PROJECT NO. 883 INFORMATIONAL NEIGHBORHOOD MEETING February 13, 2003 7:30 p.m. Attendance: John Gorder- Assistant City Engineer, 6 persons representing 6 properties. See attached sign-in sheet A. Welcome and Introduction Assistant City Engineer Gorder reviewed the proposed installation, cost, assessments, and schedule of the street light improvement project with the attendees. B. Questions/Comments: 1. Can we move the light from between 1825 and 1835 Beecher to between 1805 and 1825? Staff will check with Dakota Electric after the meeting. If an existing pole is available there, it should be feasible. 2. When would the lights be installed? If the Council approves the project, Dakota Electric should be able to install the lights early this spring. The meeting adjourned at 7:55 p.m. NEIGHBORHOOD MEETING BEECHER DR - STREETLIGHTING PROJECT 883 THURSDAY, FEBRUARY 13, 2003 - 7:30 P.M. N 1 2 3 4 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. ADDRESS X 'c 4>k) os G:FORMS/SIGN-IN. Sheet 5. o 6. Inr^ S Agenda Information Memo February 18, 2003 C. PROJECT 806R, KENNERICK ADDITION (POND HDP-1) STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Close the public hearing to consider Project 806R (Kennerick Addition, Pond HDP-1-Trunk Storm Sewer Outlet) and; OPTION 1) Cancel Project 806, Approve Project 806R and authorize the preparation of detailed final plans and specifications with a 2 year option for a contract award after said approval; AND A) 1. Include the Alternate Bid for Directional Drilling the east-west alignment of the storm sewer pipe; OR 2. Delete the Alternate Bid for Directional Drilling the east-west alignment of the storm sewer pipe; AND/OR B) 1. Include the Alternate Bid for the Storm Sewer adjacent to Lone Oak Road; OR 2. Delete the Alternate Bid for the Storm Sewer adjacent to Lone Oak Road; OR OPTION 2) Cancel Project 806 and Project 806R. FACTS: • On May 16, 2000, the City Council adopted the Public Works Department's 5-Year Capital Improvement Program (2001-2005) including the construction of a storm sewer outlet for Pond HDP-1 in 2001. This schedule anticipated the development of the proposed Kennerick Addition located on the north side of Lone Oak Road (County Road 26) and west of Pilot Knob Road (County Road 31).. • On September 15, 2000, city staff received a petition signed by Brad Swenson, developer of the Kennerick Addition, and Eileen Kennedy, 1415 Lone Oak Road, requesting the installation of a storm sewer outlet for Pond HDP-1 • On October 3, 2000, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of the construction of a storm sewer outlet for Pond HDP-1 to serve the proposed Kennerick Addition and additional adjacent properties. • On June 5, 2001, the City Council approved Project 806, authorizing the preparation of detailed final plans and specifications, including an alternate for directional drilling, and the acquisition of right-of-way and easements through quick-take Eminent Domain, if necessary. • On June 4, 2002, the Council rejected the bids for Contract 02-08 incorporating this project including an alternate for directional drilling, and associated pond improvements. All the necessary easements had not been successfully acquired and the bids exceeded the feasibility report and engineer's estimate by 30% due the inclusion of various elements requested during easement negotiations. • Due to unsuccessful efforts to negotiate the acquisition of the necessary easements, staff was directed to initiate the quick-take Eminent Domain process. • Included in the proposed improvements for Project 806R is a storm sewer pipe addressing drainage from the Lone Oak Road right-of-way. Drainage from this county road has caused significant erosion problems in the past, which has contributed to the degradation of the existing pond. City staff is currently negotiating cost participation with county highway department staff. This storm sewer work may be separated from the rest of the project. • A permit is required to complete construction activities associated with Pond HDP-1 in compliance with the Wetland Conservation Act. Due to the requirements of this regulation, Lpl excavation of the pond is no longer practical. A 2:1 wetland replacement condition would be required with any excavation. The property owners have expressed opposition to any further expansion of the pond upon their yards. The topography of the area also limits the expansion. • With the reduced excavation of the pond area, the usable yard portion of adjacent parcels will no longer be impacted by grading. Restoration of the yards will no longer be required. • An updated draft feasibility report has been completed consisting of the storm sewer improvements necessary for the development of the proposed Kennerick Addition and standard flood protection for the residents of Lone Oak Lane. • On January 21, 2003, the feasibility report for Project 806R was presented to the City Council and a Public Hearing was scheduled for February 18 to formally present and discuss the report with the neighborhood. • On February 11, 2002, an informational neighborhood meeting was held with the affected property owners to review the updated draft feasibility report and discuss the proposed improvements. 14 people representing 11 properties attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages through . • Informational Neighborhood Meeting Minutes, pages through • Letter to residents, page/pp -. • County Cost Share Proposal, page 101 a j 7?. city of aacjan AMENDED Report for Kennerick Addition Storm Sewer Improvements City Project No. 806R Eagan, Minnesota February 2003 File No. 49-00-111 (09 Bonestroo v Rosene Anderlik & Associates Engineers & Architects February 10, 2003 Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo. P.E • Marvin L. Sorvala, P.E. • Glenn R. Cook. P.E. • Robert G. Schunicht. P.E. Jerry A. Bourdon, PE. Senior Consultants: Robert W. Rosene. P.E. • Joseph C. Anderlik. RE. • Richard E. Turner. RE. • Susan M. Eberlin. C.PA. Associate Principals: Keith A. Gordon. P.E. • Robert R. Pfefferle. P.E. • Richard W. Foster, P.E. • David O. Loskota. RE. Mark A. Hanson. PE. • Michael T. Rautmann, RE. • Ted K. Field, RE. • Kenneth P Anderson, P.E. • Mark R. Rolls. P.E. David A. Bonestroo. M.B.A. • Sidney P Williamson, RE., L.S. • Agnes M. Ring, M.B.A. • Allan Rick Schmidt. RE. Thomas W. Peterson. PE. • James R. Maland. P.E. • Miles B. Jensen. P.R. • L. Phillip Gravel III. P.E. • Daniel J. Edgerton. RE. Ismael Martinet. RE. • Thomas A. Syfko, P.E. • Sheldon J Johnson • Dale A. Grove. P.E. • Thomas A. Roushar. P.E. Robert J. Devery, PE. Offices: St Paul. St. Cloud, Rochester and Willmar. MN • Milwaukee, WI - Chicago. IL Website: www.bonestroo.com Re: Amended Report Kennerick Addition Storm Sewer Improvements City Project No. 806R BRA File No. 49-00-111 Dear Mayor and Council: Attached is our amended report of the previous report, dated April 2001, for Kennerick Addition Storm Sewer Improvements. Proposed utility improvements are presented and discussed within the report along with detailed cost estimates and a preliminary assessment roll. We will be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss the report. Respectfully submitted, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Kevin B. Kimmes Attachment Reviewed by: J- L- - Reviewed by: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Kevin B. Kimmes Date: February 10, 2003 Registration No. 42397 z-13-c of Public Works Finance1 epartment Date: Z - l .0') - I'M 2335 West Highway 36 • St. Paul, MN 55113 ¦ 651-636-4600 • Fax: 651-636-1311 TABLE OF CONTENTS Letter of Transmittal ...................................................................................... I Table of Contents .......................................................................................... .2 Scope ........................................................................................................... .3 Figure No. 1 - Location Plan ............................................................ .4 Project History .............................................................................................. .5 Recommendation ......................................................................................... .6 Feasibility Necessity and Cost Effectiveness ...............................................7 Discussion ......................................................................................................7 Easements and Permits ..................................................................................9 Wetland Jurisdiction Pond HDP-1 ................................................................. 10 Cost Estimate ................................................................................................. 10 Areas To Be Included .................................................................................... 11 Assessments ................................................................................................... 12 Revenue Sources ............................................................................................ 13 Project Schedule ............................................................................................. 13 Appendix A - Preliminary Cost Estimate Appendix B - Preliminary Assessment Roll Figure No. 2 - Existing Conditions Figure No. 3 - Proposed Storm Sewer and Contributing Drainage Area Figure No. 4 - Pond & Plantings Figure No. 5 - Assessable Area Figure No. 6 - Easements Amended Kennerick Addition Storm Sewer Improvements ?j 1 2 SCOPE This project provides for the construction of a trunk storm sewer outlet pipe from Pond HDP-1 to Skyline Road. Pond HDP-1 is located north of Lone Oak Road (CSAH 26) and east of Lone Oak Lane (See Figure 1). Pond HDP-1 is a land-locked pond with no storm sewer pipe outlet. Pond HDP-1 is located in Zehnder Acres, platted when Eagan was a township. Seven (7) residential homes abut Pond HDP-1. Eagan's current Stormwater Management Plan (SWMP) provides for the storm sewer outlet pipe from Pond HDP-1 be constructed north to Skyline Road. The pond outlet pipe is recommended at this time to comply with Eagan's SMP and the proposed Kennerick Addition, a residential subdivision. In addition, it's proposed to rehabilitate Pond HDP-1 by removing the sediment plume from the Lone Oak Road drainage, pre-treat runoff in the water quality pond from Lone Oak Road, and install wetland plant buffers. A water quality pond will be constructed southeast of Pond HDP-1 as part of this project, which will provide water quality requirements for both Kennerick Addition and the abutting drainage areas along Lone Oak Road. Kennerick Addition is an 8-acre plat including 17 single-family lots that has received preliminary approval from the City Council. Storm water runoff from the Kennerick Addition will ultimately discharge to Pond HDP-1. Water quality requirements for Kennerick Addition will be provided in the newly constructed ponding area southeast of Pond HDP- 1. Amended Kennerick Addition Storm Sewer improvements 3 LOCATION PLAN `73 A" Bonestroo Rosene CITY OF EAGAN - AMENDED REPORT FIGURE 1 Mom Anderlik & KENNERICK ADD. POND STORM SEWER IMPROVEMENTS E Associates Engineers & Architects CITY PROJECT No. 806R K,\49\4900111\CAD\dwg\4900111R101.dwg 2/5/2003 8'58-25 AM CST 4900111R101.DWG FEBRUARY 2003 49-00-111 PROJECT HISTORY The original feasibility report for this project was prepared in April 2001. A neighborhood meeting was held on April 18, 2001, to review the project with affected residents and the developer for Kennerick Addition. A public hearing was held May 1, 2001 at which time the City Council and residents requested additional alternatives be investigated such that the public hearing was continued. Those alternatives were presented in a report dated May 10, 2001, and are identified as follows: Alternate 1 - Pond HDP-11 Expansion Alternate 2 - Kennerick Addition Storm Water Pond The alternates were presented to the City Council and residents at a public hearing on May 15, 2001. At that meeting the solution preferred by the City Council, which did not include Alternate 1 or 2, was to restore Pond HDP-1 and expand it to the southeast to provide storm water requirements for Kennerick Addition and the remaining drainage area. Construction documents were prepared in March and April of 2002 and approved at the May 7, 2002 Council Meeting. Bids were received May 30, 2002, but they exceeded the preliminary report and engineers estimate by approximately 30%. Because the low bid amount substantially exceeded the estimates and the easement acquisition process was not complete, the City Council rejected the bids and the project was put on hold. This amended report has been prepared for consideration and documents the current project scope and status. 7 Amended Kennerick Addition Storm Sewer Improvements 5 RECOMMENDATIONS ¦ The feasibility report be reviewed by the City Council/Staff and a public hearing be scheduled for December 3, 2002. Present Feasibility Report January 21, 2003 'Public Hearing February 18, 2003 Approve Plans and Specifications March 2003 Open Bids/Award Contract April 2003 Final Completion September 2003 Assessment Hearing October 2003 First Payment Due with Real Estate Taxes May 2004 ¦ Wetland restoration, plantings, and pond cleaning/grading for Pond HDP-1 shall comply with Eagan requirements and the Wetland Conservation Act. (WCA) ¦ Easements (drainage and utility) be established over Pond HDP-1 and the storm sewer outlet pipe to Skyline Road. Pond easements for Pond HDP-1 be acquired to the 1% storm water event high water level (HWL). Pond easements for Pond HP-11 located south of Skyline Road would not be acquired at this time, but when the abutting land develops when the ultimate pond configuration can be determined. ¦ An alternate bid be received to directional drill the east-west trunk storm sewer in lieu of open cut excavation, to possibly save significant vegetation. ¦ Assessments proposed herein are in accordance with Eagan's Special Assessment Policy for access to trunk storm sewer. Pond area credits to the 1% HWL have been applied to those parcels abutting Pond HDP-1 assuming pond easements are acquired. Assessments shall be further reviewed based on benefit. ¦ Cost responsibility for storm water ponding for Kennerick Addition shall be based on percentage of land area tributary to Pond HDP-1 and runoff coefficient. • The project can be best carried out as one contract. -715-- Amended Kennerick Addition Storm Seaver Improvements 6 FEASIBILITY NECESSITY AND COST EFFECTIVENESS The project is feasible from an engineering standpoint and is in accordance with the objectives established in the City's Stormwater Management Plan. This project is necessary to provide a storm sewer outlet pipe from Pond HDP-1 for flood protection and allow the development of the proposed Kennerick Addition. This project is cost effective based on existing conditions and acceptable standards proposed to construct the improvements. DISCUSSION The storm sewer outlet pipe from Pond HDP-1 is proposed to be constructed north to the existing storm sewer pipe in Skyline Road in accordance with Eagan's Stormwater Management Plan (SMP) (See Figure 3). The existing storm sewer facilities in and north of Skyline Road are in place to the Minnesota River in accordance with Eagan's SWMP. It is premature at this time to develop and acquire the pond easement for Pond HP-11. The pond grading for Pond HP-11 will occur when the abutting land develops. It is also proposed, as part of this project, to extend a storm sewer pipe through the rip rap/eroded area located north of Lone Oak Road and south of Pond HDP-1. The eroded area would be re- graded and restored. This work will only be included as part of this project with the support and cost participation of the Dakota County Highway Department. The erosion is due to overland storm water runoff from the ditches and abutting land along Lone Oak Road (Co. Rd. 26). Existing utilities (sanitary sewer, water main, and storm sewer pipe) are shown on Figure 2. The proposed pond grading for Pond HDP-1 is shown on Figure 4. Design criteria for Pond HDP-1 is summarized below: Pond HDP-1 NWL = 862.0 (Water Elevation Spring 2002) HWL = 865.2 (1% Storm Event) Storage = 6.60 Acre Feet Amended Kennerick Addition Storm Sewer Improvements 7 It should be noted the normal water level (NWL) for Pond HDP-1 that was assumed in the previous report, dated April 2001, was 859.3. However, during the plan preparation, the NWL was raised to 860.7, which was the ice elevation in February 2002. In the spring of 2002, the pond elevation was 862.0. Therefore, based on the abutting resident's desire to have a higher water 'level, the pond NWL was raised to 862.0. Hydraulic modeling was done to confirm the 1% I TWL and freeboard requirement was provided based on the lowest low entry elevation abutting the pond. The pond elevation was measured in September 2002, and found to be 862.3. However, it's proposed that the controlled water level for Pond HDP-1 be maintained at 862.0. Water quality requirements for Kennerick Addition and the abutting land will be provided in the ponding area southeast of Pond HDP-1. The ponding area southeast of Pond HDP-l will be graded and developed as part of this project in conjunction with wetland restoration and landscape plantings for Pond HDP-1 (See Figure 5). The storm water requirements for Kennerick Addition are satisfied in Pond HDP-1. Amended Kennerick Addition Storm Sewer Improvements 7 f 8 EASEMENTS AND PERMITS Permits are required from Dakota County, and National Pollutant Discharge Elimination System (NPDES). A permit will be required from the City of Eagan to verify compliance with the Water Conservation Act. Permanent easements are shown on Figure 7 located at the back of this report. The table below shows the required permanent easements from each parcel for storm sewer pipe and Pond HDP- 1. The pond easements for HDP-1 is shows both for below normal water level (NWL) of 862; and between the NWL and high water level (HWL) of 865.2 Parcel I.D. # Parcel Address Easement (S.F.) Pond HDP-1 Storm Sewer Below NWL NWL-HWL 10-77250-063-00 1432 Skyline Road 1,083 10-77250-070-00 1450 Skyline Road 3,132 10-77250-100-00 N/A 12,496 10-88800-110-00 1457 Lone Oak Lane 259 10-88800-101-00 1444 Lone Oak Lane 1,749 10-88800-091-00 1441 Lone Oak Lane 751 3,064 12,211 10-88800-093-00 1445 Lone Oak Lane 0 3,716 5,109 10-88800-105-00 1449 Lone Oak Lane 0 3,153 4,618 10-88800-102-00 1455 Lone Oak Lane 0 3,274 4,126 10-88800-103-00 1459 Lone Oak Lane 0 0 1,566 10-88800-106-00 N/A 0 3,397 5,036 10-88800-107-00 1459%2 Lone Oak Lane 0 4,034 9,852 10-88800-104-00 1461 Lone Oak Lane 0 0 15,620 10-88800-090-00 N/A 9,533 7,039 12,350 Totals 29,003 27,677 70,488 Permanent easements required within the Kennerick Addition and Parcel 10-88800-90-00 (which is controlled by Kennerick Addition) are not shown above and will be acquired with final plat approval. Amended Kennerick Addition Storm Sewer Improvements Q 9 WETLAND JURISDICTION APPLICATION The wetland associated with Pond HDP-1 is a jurisdictional wetland under the state Wetland Conservation Act. Based on the approved wetland delineation, the construction of the detention basin to treat runoff from the Kennerick Addition as well as the Lone Oak Road right-of-way will impact 0.2 acres of the jurisdictional wetland. As per the requirements of the WCA, this impact will need to be mitigated at a ratio of 2:1. Mitigation will be completed adjacent to the existing wetland, and will consist of 0.2 acres of new wetland creation and 0.2 acres of public value credit. Details of the mitigation plan are contained in the WCA wetland replacement application dated December 12, 2002 and the monitoring plan addendum submitted December 23, 2002. The wetland replacement application was mailed out for public notice on December 23, 2002. The comment period for the application ended on January 10, 2003 and no comments were received. A decision by the Eagan City Council was made to approve the application on January 21, 2003. COST ESTIMATE A detailed cost estimate is presented in Appendix A, located at the back of this report, which is also summarized below. The total estimated project cost is $409,000, which includes a 10% contingency and 30 percent indirect costs, which includes administrative, engineering, construction interest, and legal expenses. Trunk Storm Sewer $204,000 Pond HDP-1 105,000 Easements 100,000 Total Contract Amount $409,000 Alternate Directional Drill Trunk Storm Sewer Add $51,000 The alternate cost estimate to directional drill the east-west trunk storm sewer is an additional $51,000 in lieu of open cut. Therefore, the total estimated project cost if the alternate for directional drilling is included, is $460,000. Amended Kennerick Addition Storm Sewer Improvements 7 10 AREAS TO BE INCLUDED Property ID Number 10-00400-010-78 10-77250-010-00 10-77250-011-00 10-77250-012-00 10-77250-020-00 10-77250-030-00 10-77250-040-00 10-77250-050-00 10-77250-060-00 10-77250-061-00 10-77250-062-00 10-77250-063-00 10-88800-010-00 10-88800-020-00 10-88800-040-00 10-88800-051-00 10-88800-052-00 10-88800-060-00 10-88800-061-00 10-88800-070-00 10-88800-071-00 10-88800-072-00 10-88800-090-00 10-88800-091-00 10-88800-093-00 10-88800-094-00 10-88800-101-00 10-88800-102-00 10-88800-103-00 10-88800-104-00 10-88800-105-00 10-88800-106-00 10-88800-107-00 10-88800-110-00 10-88800-111-00 10-88800-112-00 Property Address 2975 Pilot Knob Road 2971 Pilot Knob Road 1430 Skyline Road 2973 Pilot Knob Road 1410 Skyline Road 1414 Skyline Road 1420 Skyline Road 1426 Skyline Road 1430 Skyline Road 1436 Skyline Road 1428.Skyline Road 1432 Skyline Road 2997 Pilot Knob Road 2987 Pilot Knob Road 1415 Lone Oak Road 1425 Lone Oak Road N/A 1429 Lone Oak Road 1427 Lone Oak Road 1431 Lone Oak Road N/A 1435 Lone Oak Road N/A 1441 Lone Oak Lane 1445 Lone Oak Lane N/A 1444 Lone Oak Lane 1455 Lone Oak Lane 1459 Lone Oak Lane 1461 Lone Oak Lane 1449 Lone Oak Lane N/A 1459% Lone Oak Lane N/A 1465 Lone Oak Lane 1467 Lone Oak Lane Kennerick Addition Kennerick Addition Kennerick Addition Kennerick Addition Kennerick Addition Amended Kennerick Addition Storm Server Improvements QD I I ASSESSMENTS STORM TRUNK Storm sewer and pond improvements proposed herein excluding the storm water/ponding requirements for Kennerick Addition are considered trunk. Therefore, assessments are proposed to be levied in accordance with Eagan's Assessment Policy for trunk utilities. The area proposed to be assessed is shown on Figure 6. The trunk area assessments rates are in accordance with Eagan's 2003 Fee Schedule (single family rate @0.0925/sq.ft. or $4,030/acre). A pond credit is shown for Pond HDP-1 to the 1% high water level (HWL) rainfall event in accordance with Eagan's assessment policy. Properties previously assessed for trunk area storm sewer are not proposed to be assessed. The Preliminary Assessment Roll is presented at the back of this report in Appendix B. KENNERICK ADDITION Storm water/ponding assessment to Kennerick Addition is determined by percentage of land area tributary to Pond HDP-1 and runoff coefficient. The runoff coefficient for Kennerick Addition is assumed to be 0.60. The combination of runoff coefficient and land area tributary to Pond HDP- 1, not including Kennerick Addition was measured based on existing land uses. The runoff coefficient (C) for different land uses and land area (A) not including Kennerick Addition has been calculated as follows: Land Runoff Area (A) Coefficient (C) C x A Hard Surface 1.90 ac. 0.9 1.71 Gravel Driveway 0.70 ac. 0.4 0.28 Open Land 26.34 ac. 0.2 5.27 Total 28.94 ac. 1.5 7.26 The percent comparison for C x A for Kennerick Addition and land area not including Kennerick Addition is summarized below: Tributary Area (ac) C x A Percentage Kennerick Addition 8.68 5.21 42% Non- Kennerick Addition 28.94 7.26 58% Total 37.62 12.47 100% The cost responsibility for storm water ponding to Kennerick Addition based on the above comparison is $44,100 (42% x $105,000). Amended Kennerick Addition Storm Sewer Improvements Q I 12 REVENUE SOURCES Revenue to cover the cost of this project is as follows: Trunk Storm Sewer Pond Storm Sewer Pipe Easements Total Balance Assessment Project Cost Revenue Balance $204,000 $151,570 -$52,430 105,000 44,100 -60,900 100,000 0 -100,000 $409,000 $195,670 -$213,330 The City's Storm Water Utility and Trunk Fund will finance the estimated project deficit. PROJECT SCHEDULE Present Feasibility Report January 19, 2003 Neighborhood Meeting February 11, 2003 Public Hearing February 18, 2003 Approve Plans and Specifications March 2003 Open Bids/Award Contract April 2003 Final Completion September 2003 Assessment Hearing October 2003 First Payment Due with Real Estate Taxes May 2004 Amended Kennerick Addition Storm Sewer Improvements s? 13 1cL city of aac?an Appendix A Preliminary Cost Estimate 83 APPENDIX A PRELIMINARY COST ESTIMATE KENNERICK ADDITION - STORM SEWER IMPROVEMENTS CITY PROJECT NO. 806 BRA FILE NO. 49-00-111 Trunk Storm Sewer Improvements OUantity Unit Item Unit Price Total Price 1 LS Mobilization $ 5,000.00 $ 5,000.00 1 LS Clear and Grub $15,000.00 $ 15,000.00 1 EA Connect to Existing Storm Sewer $ 1,000.00 $ 1,000.00 7 EA 4' dia Storm Sewer MH, incl R-1642-B cstg $ 1,500.00 $ 10,500.00 1 EA 5' dia Storm Sewer MH, incl R-1642-B cstg $ 2,500.00 $ 2,500.00 1200 LF 15" RCP Storm Sewer $ 60.00 $ 72,000.00 250 LF 24" RCP Storm Sewer $ 50.00 $ 12,500.00 1 EA Skimmer Structure $ 3,200.00 $ 3,200.00 1 EA 15" RCP Flared End Section, incl Trash Guard $ 900.00 $ 900.00 1 EA 24" RCP Flared End Section, incl Trash Guard $ 1,600.00 $ 1,600.00 50 CY Class III Random Riprap $ 70.00 $ 3,500.00 2 AC Seed Mixture 500 w/ Fertilizer $ 4,500.00 $ 9,000.00 400 CY Topsoil Borrow $ 10.00 $ 4,000.00 1050 LF Improved Pipe Foundation $ 2.00 $ 2,100.00 Subtotal $ 142,800.00 +10% Contigencies $ 14,200.00 $ 157,000.00 +30% Indirect Costs $ 47,000.00 Total Trunk Storm Sewer $ 204,000.00 Alternate - Directional Drill 600 LF Directional Drill in lieu of Open Cut $ 60.00 $ 36,000.00 Subtotal $ 36,000.00 +10% Contigencies $ 3,600.00 $ 39,600.00 +30% Indirect Costs $ 11,400.00 Total Alternate $ 51,000.00 Pond HDP-1 Improvements Quantity Unit Item Unit Price Total Price 3200 CY Pond Excavation $11.00 $ 35,200.00 1 LS Wetland Restoration $10,000.00 $ 10,000.00 1 LS Landscape Planting $12,000.00 $ 12,000.00 1 LS Erosion Control $5,000.00 $ 5,000.00 1.5 AC Seed w/Fertilizer $4,000.00 $ 6,000.00 500 CY Topsoil Borrow $10.00 $ 5,000.00 Subtotal $ 73,200.00 +10% Contigencies $7,320.00 $ 80,520.00 +30% Indirect Costs $24,480.00 Total Pond Improvements $ 105,000.00 V city of eacjan Appendix B Preliminary Assessment Roll $S g Otnnn 0? .d-? ?O?nnSS? <?SCq ?COgd V ?nnNO)r ap four y E dr- c9ddddOdnmmu-) m CO(0c?dNrdN-toNtOr tON O 0 N r r r O 64444944 to fA 49 49 49 49 49 44 44 K 44 N 4044 446040 V% 44441444444444! 43436943434') to O O O O S Y C N I+f OI r O O N vi O CV G O h C Cr P- Cif bra Y 2 44 4044 44 N 8 88 S $ OD 9 00 d? 0 oa 49 4344 49 44 ?a ON NNnnnnaDOnnOMONOtn NNCD (0ONNNco aoNr( OtOn dm CO COOL) V COOCONN(OtOCO (igagrdQ ) C4r*l: 00 ?OOa ?j p CA d 0 OD 0) O) 0) 0) LO N M N CO N NCO Nn OINnNNtgOncO? 00 N n Cl) d V V d V LO - V n OO CO V 0LO p 8 COn fc+ ' ONEQ 0 0 t0 n CA?r r r to Nr nnNN?- V m m u')C7d d CA U')nN ODCOtn NC) J W W 4.10+ Y V r.: C4 Ch V 4 QO V V PC7 M-7 M as r C7 v LO r d N r N Nr for rtp N N M N N .,o a Z N Q r m O 444 94 )44444)4944 9444 )444444 9444)44444434444444944444 4 4p 4p 44p W W V< 44p O O O S O O O S S S O O O O O O O S O S S O O O O S S O O S O O O O S S zU) w0 oiaSaiaiofrnoioioioirnoia)ciaa)mmm immma)wma) ioi0i0ioioia)oioi W W F Z Y a N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 QCL N p O w vvvvvvvvvvv<eyyyyppvcavvvecvv' .4 4.4 v..?C{{vv 444444444444449 fH 494444444444944444444944 m ¢ Q CL LL z 0 Y to V m 2 m h p W Z Z q V y ? 0 CO CO 0) 0000NN 00)C? COOCO0 tO 000CO rpp.")ONONO N WC)V O CO CO CA O O O O t0 r 0 O CO CO n O CO N O CO CO r Cp d tD (0 CO d N d O It c) CO n . ? ? = Z a) r r C O r r r N ,- r r O O N O N r O r r O 0 0 0 0 0 0 r O 0 r 0 0 Y a 0 ? CC)NNO -0O'-rO Cg') Q O O O 0 O O O O O O A M OCOCO CO M Cq c9 M NN MMNNOCONN(OCO*C7 CO C0 ?A CO(0C)NN0000NO)d (0 00C 0000 W 0O>aO N (0000 0)C1 CO C0 n '')N(0 O V 9 .4 (0 ?? 0 - .4tOP) C a r O O r r r r N r r O G N C N ?- O r r O r C C C O O C r C C O r O C m C 'O V 'G 'C 'C 'C 'O 0 4 4 0 0 CD 09 O OVaaaa Oaa a CC CCCCC Y as M.0 ? a a a a s cc mm ¢aca: a: O? Oa: a`a:m m av a` O? 0 W CYO 0 Y NYO N Q m to to 0 Ca Y c c c c c c c c y 00 0 00 0 0 0 0 0 000 00 m m 0 m C 0C 4 m 0 C 0 0 0 0 J 4 CD O O y O Y Y Y Y Y Y Y 2 0 OC OC 0 O C O O O O O O O O aa(naCJ)C/)U)C/) 0NC/l n N N Q O OLJJ JJJ J JJ JJJJJ JJ tO r O C7 _O d_ O CO N CO n O CD n toN )O s( ON) Nn c CO '9 d d tO < d dtO(O(O CA CO 0)d CK)A LOCOCGn O nnC'g QQ Q Q CL N N N a IV V V Z r d N N d V Z d Z d d V d d d < r - r r- r r r .- r r r r r r r r r r r r r O o d d d NCO O O O O O O O O ornSBSSSS888$4S888ooSo8gS8888 O o088880 Z C y N V) 'It NM V 0 rb 6 y rN N OO N d tO to COn nn 00000000003 O O O O O O O O O O O O O O O O O Q O O O O 0 O O O r r r - r r r d O O p O O C O O O O 0 p p p O O p 8 8S 4444 O S 8 pp 8 C 0 to tO O t/) N to to t0 t/) toO°tn O O $ $ O $ O $ CD CD CD aD ° CO CD CO S 00 0i n N N N N N N N N N N N CO W t(0 aa(00 444a44p W CD W CD Cp CD O co Sri nnr n of nmaOo CCCOo ap w cO CO0 OO a°Do Om °ao OOO OOO COO a00 a0 co S OOO OCO a co C00m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CL (A r r r r r r r r r r? r r r r r r r r ----------- 00000 r? r r r? 8 N N N N n n n w CD n N CO Cq O N CO N 7 N NN S O) 0 N N N N GN0 0 (o 0 tO C0 O CO O T d a0 O) CO N CD N n d 0 N??OD?? ??triCV W aO N N CO N N -??^ cq??O' C?OC) NOO APPENDIX B PRELIMINARY ASSESSMENT ROLL TRUNK STORM SEWER ASSESSMENT KENNERICK ADDITION STORM SEWER CITY PROJECT NO. 806 BRA FILE NO.49-00-111 Property Property Identification Adress Total Number Section 4 SW 1/4 10-00400-010-78 2975 Pilot Knob Road $4,029.00 10-77250-010-00 2971 Pilot Knob Road $7,574.52 10-77250-011-00 1430 Skyline Road $2,739.72 10-77250-012-00 2973 Pilot Knob Road $3,948.42 10-77250-020-00 1410 Skyline Road $4,149.87 10-77250-030-00 1414 Skyline Road $4,149.87 10-77250-040-00 1420 Skyline Road $4,149.87 10-77250-050-00 1426 Skyline Road $4,149.87 10-77250-060-00 N/A $10,555.98 10-77250-061-00 1436 Skyline Road $4,512.48 10-77250-062-00 1428 Skyline Road $4,149.87 10-77250-063-00 1432 Skyline Road $7,775.97 10-88800-010-00 2997 Pilot Knob Road $3,706.68 10-88800-020-00 2987 Pilot Knob Road $3,505.23 10-88800-040-00 1415 Lone Oak Road $11,281.20 10-88800-051-00 1425 Lone Oak Road $3,142.62 10-88800-052-00 N/A $8,138.58 10-88800-060-00 1429 Lone Oak Road $7,453.65 10-88800-061-00 1427 Lone Oak Road $3,867.84 10-88800-070-00 1431 Lone Oak Road $4,351.32 10-88800-071-00 N/A $5,560.02 10-88800-072-00 1435 Lone Oak Road $1,369.86 10-88800-090-00 N/A $4,472.19 10-88800-091-00 1441 Lone Oak Lane $2,417.40 10-88800-093-00 1445 Lone Oak Lane $1,933.92 10-88800-094-00 N/A $2,538.27 10-88800-101-00 1444 Lone Oak Lane $2,739.72 10-88800-102-00 1455 Lone Oak Lane $1,289.28 10-88800-103-00 - 1459 Lone Oak Lane $1,974.21 10-88800-104-00 1461 Lone Oak Lane $5,116.83 10-88800-105-00 1449 Lone Oak Lane $1,813.05 10-88800-106-00 N/A $0.00 10-88800-107-00 1459 1/2 Lone Oak Lane $1,692.18 10-88800-110-00 N/A $5,560.02 10-88800-111-00 1465 Lone Oak Road $2,780.01 10-88800-112-00 1467 Lone Oak Road $2,981.46 Total = $151,570.98 91 city of eagan Figures 98 o ? __ I I I , ------ - --? /- i/ EXISTING k7" RCP STORM SEWER I? f EXISTING WETLA D DELINEATION ??I WA ? -v QAMIT 9V r J I , v I ' , p. II ,_ ?.P W mr-m --e-------'------------.---•---------- ?- II I it I I ? VIII I I I' V (?? J L? I ? 0 0 too 200 Seale in }wt -?? it ?--EXISTING WATER MAIN EATIO RIPRA I 41i lON UPI EXITING 4' R !T?SW_Lj/ Ir 1 I / , AH I 1 r qtr- ? -------- ?,.... - - - - - - - - - - - - - - - - - - -mac- --:-='__--_- ?- 3 ? ?' - - _ -?.:-?? - ? I _ I r- r111 ?1I? i I I EXISTING CONDITIONS Bonestroo Rosene CITY OF EAGAN - AMENDED REPORT FIGURE 2 ° Anderlik & KENNERICK ADD. POND STORM SEWER IMPROVEMENTS E Associates Engineers & Architects CITY PROJECT No. 806R KI\49\4900111\CAD\dwg\4900111R102.dwg 2/4/2003 5,01-48 PM CST /90 4900111R102.DWG FEBRUARY 2003 6 4 49-00-111 ------------------- , 11l, IF J1 J' ---------------- J IF L STORM ONE' 014 -------SuT ------------------------ ? SST R 1 1 II 1 N [ A GE AREA ' D/ F7 oPaseD ------ _ -- - ORM SEWER -------J 0 130 300 scale in f..t PROPOSED TRUNK STORM SEWER & CONTRIBUTING AREA ii1 Bonestroo Rosene CITY OF EAGAN - AMENDED REPORT FIGURE 3 Anderlik & Associates KENNERICK ADD. P OND STORM SEWER IMPROVEMENTS Engineers & Architects CITY PROJECT No. 806R K1\4 9\4900111\CAD\dwg\4900111R103.dwg 2/5/2003 9100,45 AM CST 4900111R103.DWG FEBRUARY 2003 qt) 49-00-111 D If I'I r II \ L-_J DIREC WILL, N LIEU OPEN CUT * (am L.F I ?? 0 1i I POND L RN I I I .Q I' ;I 1' I ? I I 11 U L ? " Ll 01, LL? A - ' ---------- ? V i \ I - i PROPOS ED WATER Q, OII I II II ' ALM I I ' ' ? N 1JI I ? r-- 0 ' /J I r I I AJH I (C S 26) : ; I I ,II I 1, . . , ---- --------- ------- -- - ----. tL - _ 11 _---- ---- .«, - - wan -- -- -- °'- -._ --...-_ --- - We 'ON 133MUd IW3 GO-tO *ON L74UNOO AU n« '?r? TiC11tYt51 .XrJ +?? r w./b oofrxrise ?«.e.y s+Jrivossy 1111 ONIOYN9 ONOd - S1N3113WNd/11 M3M35 IIMOlS MW wow w e aa: tress NN rw x ?N a (1 l-dH Ol -dOH) NOWOOV )I3I83NN3)1 NY .«..«.,.. K AMONYM Sttt OLNEW hWO 1"4[ .i 'd10S3NNIW 'NVJ'd3 v urr.m°e°Sowioi«'"w'?"«u°s urm ?Mi IUI - --------------- z ------------ ------------ ------------- -- --------- ------ r, \ I to LO '.,'. a Lo z \ \ r°° zg 10- ?? \\? % ; ; Boa CL cc, O / 0 C018 JNLLS1X3 ,lam ?`? `` `s\ ?NifS¢3 )` 'JOIB z •L r w N z 0 W m i J0 to 3r 00 O0 _j W ----------------- -------- ------------------------- ------------------------------ ----- ------------------------------ L) I r LLJ L r 1 -z 00 1 a o a? Z J c? z z J J W 0 Z 0 U k ? ?a 3 W.- . 3 Z::z i a C N - 33 0 Y 91! O $ Z a w Z 000 a -J O 4. Z g 2 O Z C Y W < 4J U O c U-CM Z Oz W :.1 Y U a 3.) Z ?F if1 T ?sl LONE LOO AC O1OY00 J 0.74 AC 0-284100 0.0 AC RD O ? ? .-Y00-020.00 0 I 310 AC 017 AC ' 104U0 010 00 `t 002 AC 0 1S0 300 Seel. in f.m N ASSESSABLE AREA - TRUNK Bonestroo Rosene CITY OF EAGAN - AMENDED REPORT FIGURE 6 0¦ fl Anderlik & KENNERICK ADD. POND STORM SEWER IMPROVEMENTS Associates Engineers & Architects CITY PROJECT No. 806R K1\49\4900111\CAD\dwg\4900111R104.dwg 2/4/2003 5139,39 PM CST 4900111R104.DWG FEBRUARY 2003 13 49-00-111 P77Sp10o-p0 « LOS AC Q Y LOS AC Q 8$q l00 AC Q $ ( L00 AC ? MAC 8 e f 8 8 WWS AC LSO AC .)77200-Oq-00 a w"250-000.00 rl2SO-0IF00 ?,y AC LOS AC GO SAC io-n:w-7 o0 a to-oeAOO-os>. OM AC we"m ? A • 0.07 100-00 - OlOi f ( 0.Y AC U N?1 r i A / • \ j ? - h OS AC St..oo.,nl-00 q-MOOOOOP90 Oc US AC LSS AC LOS AC yh D-070.00 10.0400-076-00 I0- pg00 0.u AC D-IM-0O W AC 1?MS00-100-00 \ .Q7 $ g 0.Y AC a o SOSOO-OO1-00 q- IO-S1S00.001.00 OM AC 0.70 AC (C. S. A. H. 26) \-ZEHNDER 2ND ADD171ON LEGEND --- ASSESSABLE AREA 44°°4YP°4444°°44444444 l ?CS?NOS8o°4&$?gSoo?Y8 _____. 8888888888p 888888888888 SKYLINE DRIVE y - (( r ?iru- II 9N :49:?:x 3w:::4 a J pp +!. ?Y VY ++ J ° ° J 14 o yYy? pruy_?OUN +? f?G °°° '`?.? lid \ ?' S. Mg 2 NY<Q . 444 ------ LONE--OAK- LANE---' __ _-- ------------------------------------- -------- 8 gy < 8 4L? -- --- ------------- ?_ a 1, n \ •-•-' P ? b aaa°a °a ?-__ ? \`:`??b._I; as aaaa as aa4a4 aa4a aaaa 4 `p2 ?' ^,?''`, °a°a4a aaaa aaa a° e? % 8-- I`' $ aaaaa as -a -a aaaaa a a w + +++++ aaaaaz \`?S sy 4 a 4 t+ ++ + 4 4 4 _?- a a d a a? g r :? a4a4 a?++ +++++ + + + 4a4a4a '?' -R + + + + aa4a a4.+ ++ +++++a4a4aC as as aaaa 77 C 4 `+ +?+ + d d r \aaaaaa\+ + + +?QQa4a? r ,n a44a4a, + + + aa4a o aaaaaaS + * v acaca 4W 4 4 a -4' a 4 a 8 M, c 8 4 aaaaaaaaa a aQaaa?? 8 > g dpi a?Q V ; - - - - - - - - - - - - - - - - rri -.8'_ D m 8 [g Z-I e N Z EAGAN MINNESOTA lS:wMJOMC? KENNERICK ADDmON (HOP-1 TO HP-11) ° sL P. I. MN ss~2 O TRUNK STORY SEWER IMPROVEMENTS - EASEMENTS ' ?1 AiWa?J« rn.n.: 6s1e36roo ' r.r. sfl-skflu Ewa ,« . .. •. CRY CONTRACT No. 02-De CITY PROJECT No. OR ... "? • "ma"r INFORMATIONAL NEIGHBORHOOD MEETING MINUTES PROJECTS 806R KENNERICK ADDITION/POND HDP-1 STORM SEWER IMPROVEMENTS FEBRUARY 11, 2002,6:30 P.M. TRAINING ROOM, FIRE ADMINISTRATION Attendance: Russ Matthys, City Engineer; Joel Rausch, Engineering Technician; Kevin Kimmes abd Dave Bennet, Bonestroo, Rosene, Anderlik & Associates; 14 persons representing 11 properties (attendance sheet attached) A. Welcome and Introduction City Engineer Matthys welcomed the property representatives, introduced city staff and consultants, presented the agenda for the meeting and introduced Consultant Kimmes for the project presentation. B. Presentation Consultant Kimmes described the details of the proposed improvements, including the differences between Project 806 and Project 806R, and the special assessments. C. Questions/Comments 1) 1 question the location of existing utilities. They have been checked in the field by city staff and verified by the survey crew. 2) What limitations are involved w/ directional drilling? The flatness of the pipe design grade (less than 2%) may make it difficult for the contractor to maintain consistency. Could cause maintenance issues for the pipe. Pipe may be subject to partial blockage. 3) What types of pipe would be used, what wall thickness? Directional pipe would be 15" heavy-duty High Density Poly-Ethylene (HDPE) pipe. 4) What cost difference of direction drill? Typically around $130 for directional drilling and $50 for open cutting per linear foot. Taking restoration of open cut trench into consideration, directional drilling is still about 40% more expensive. 5) How many trees impacted by open cutting and pond grading? Estimated to be about 20 to 30 trees. 6) How about the walnut tree? The oaks? We won't know until final plans are completed. 7) What is the extent of impact for open trench installation? Top of trench is 2 times wider than the depth of the trench. 8) What changes have been made from the preliminary plan?Pond grading has been minimized, no dredging of pond HDP-1. Wetland restoration will consist of planting only on the south side of pond HDP- 1. The water quality pond has been moved to reduce the impact it will have on the three significant cotton wood trees. What's the proposed depth of water quality pond? 3' qS 9) Is the elevation of the top of berm between the water quality pond and the existing pond 862' above sea level? Yes 10) What is high water level currently? Difficult to determine without controlled outlet. It would be based more on ground water condition and frost. 11) I am concerned about the pipe freezing and not draining snow melt? Pipe will be well below the frost line. Outlet of pipe will drain from top of water surface, melted snow will drain over the surface of the ice. 12) How far will new homes come down slope southeast of pond? How close to pond? About halfway down steep section of slope. (Indicated on exhibit) 13) Is there easement for existing san sewer? Yes 14) Why not assessed previously? No previous storm sewer benefit. So if no development, no assess? No, improvements were part of Capitol Improvement Program for some time. Is the assessment the same if it is directional drilled? Trunk area assessments stay the same. 15) What easement is being given to city? Easement for water quality pond will be dedicated as part of Zehnder 2nd Addition. 16) Where is there non Kennerick runoff going into water quality pond? Area including Pilot Knob Elementary School and homes on the north side of County Road 26. 17) When is appraisal report completed? Hopefully end of this week. Can I get copy of report? City doesn't get report, only value. What will happen after appraisals are received? Offers will be sent to each individual homeowner. 18) How do you determine value of easement? Real Estate Appraiser; typically different value established for wet pond areas versus usable dry areas. 19) Different values for trees versus no trees? Typical appraisal gives different values. 20) How much input do we have for suggesting the method of construction? State desires to council at meeting next week. When is the decision made on an open trench or directional drill? Schedule for bid award is April 2003. 21) 1 have a Skyline Road address. Why not assessed storm sewer trunk rate at that time? Unknown. Most likely due to percentage of parcel area within that drainage area; probably larger area within this drainage area. Value equal to value at that time. Do we get assessed on our entire property or just what drains to the pond? You will get assessed for entire property. 22) Why not dredge as originally planned? We don't want to give easement; we built artificial pond? Wetland Conservation Act requires 2:1 replacement of dredged area. There is not enough room to create new wetland without impacting yards. 23) Is the school paying? No, paid previously. 24) Easement language indemnifies City from litigation during construction. Assure me contractor has insurance to cover me. Contract specifications cover this insurance issue. 25) Does City share liability if a kid drowns in the pond? Realistically, City would be included in any lawsuit. 26) What can I do with easement area? Cannot build permanent structure, but use as yard. Can I build a berm on my property? You can if you receive all the city permits and meet the city guidelines. 27) Is there a design option to run outlet pipe farther north? No. 28) Can someone show me easement limits in the field? Yes. 29) Can a trail be built on the proposed easement? No. 30) When is the Kennerick Addition scheduled to be constructed? Same time as city project. 31) Will water level be impacted by construction? No. 32) When skimmer outlet constructed, won't water be lost? Construction protects from water loss. 33) Top of permanent maintenance berm for water quality pond will be at 862, will grass grow? Yes, that is plan. Will it be maintained? Up to 2 years thru the specifications, not maintained as garden. 34) Are any trees planned to be replaced due to trench excavation? No. Homeowners can purchase trees at wholesale price through the City in April. 35) Relocation of water quality pond puts our house at more danger to flood. No vertical elevation impacts flood potential, not horizontal changes. 36) We didn't flood in July 2000 storm. Concerned we will flood after improvement. Standard storm sewer design met with this project proposal. Also checked low entry elevation against July 2000 Super Storm event at this pond and design protects to this level of storm. 37) Why not look at pond above hill? Other benefits associated with proposal for Project 806R. 38) Can we buy flood insurance? Check with insurance agent. 39) Will flood protection be provided with improvement? Yes. Any protection now? No. 40) What measure is taken to prevent pipe blockage? Skimmer outlet. (Design shown.) 41) Value of easement should be less if directional drilling. No, due to potential loss of future trees values should be relatively similar. 42) Homeowners built the pond, the city and county's sediment has been going in it for years and now they aren't going to dredge it. How do we pursue option of dredging pond? Request Council to appeal regulation. Staff will look into process. 43) What is the history of the pond at Skyline? Let John Salisbury know 47 44) Does the $204,000 storm sewer improvements include county pipe? Yes, that work is included in the $204,000 estimate. 45) What is the purpose of the water quality pond? The sediment, grasses and chemicals that come in the pond will have a chance to settle. This will help keep sediment out of the main pond. O:RM'03/MISC/MINUTES/Proj. 8068, Kennerick Add NH Meeting, 2-11-03 NEIGHBORHOOD MEETING KENNERICK ADDITION PROJECT 806R TUESDAY, FEBRUARY 11, 2002 - 6:30 P.M. NAME ADDRESS 1. L^j a v e? -r /?s !?' .? oar a k ?a q c 2. 3. 4. 5. Todd Ch ase 6. M i tsu Ko L- -z-7. 0!-w 8. 0'C? /PMA 9. ?&A'i ?teei 14. 15. 16. 17. 18. 19. 20. G: FORMS/SIGN-I N. Sheet 1 T Lt S LO n2. 00-k /C0 _ 4r-('c)0"-r_ oc, lL. ei , )459'/2 Lone- Qai' RoaJ- 1459'/2 Lone Oo-K Roctd (t-C 4 t ? ?,. LQvr /y' 7 ZzvV?- 0,A)( FN L,-- 0 fl -v ?? 99 10. e j)n S-t-or A city of ¢agan PAT GEAGAN January 8, 2003 Mayor PEGGY CARLSON Anne M. Maag 1441 Lone Oak Lane CYNDEE FIELDS Eagan MN 55121 MIKE MAGUIRE MEG TILLEY Re: City Project No. 806 - Kennerick Addition Storm Sewer PIN #10-88800-091-00 Council Members Dear Ms. Maag: THOMAS HEDGES I am writing this letter to inform you of the status of the above-referenced project. City Administrator A public hearing has been tentatively scheduled for February 18, 2003. I wanted to let you know so you can plan your agenda accordingly. Municipal Center: Soon you will be receiving a Notice of Condemnation in regard to the project. This Notice is a step in the legal process to acquire easements that will help keep 3830 Pilot Knob Road the project moving forward on schedule. Eagan, MN 55122-1897 Phone: 651.675.5000 Hopefully, I will be meeting with you, at your convenience, to discuss the easement acquisition process. In the meantime, I hope your holidays went well, Fax: 651.675.5012 and I look forward to talking with you. TDD: 651.454.8535 If you have any questions, please call me at 651-675-5641. Maintenance Facility: Sincerely, 3501 Coachman Point Eagan, MN 55122 Phone: 651.675.5300 Joel Rausch Fax: 651.675.5360 Engineering Technician TDD: 651.454.8535 JR/jj wwwcityofeagan.com C: Russ Matthys, City Engineer Kevin Kimmes, Bonestroo, Rosene, Anderlik & Associates THE LONE OAK TREE The symbol of strength and gmss:h in our community /A/W Storm Sewer Draining Lone Oak Road Right-of-Way Mobilization $1,140 Clear & Grub $3,440 4' Dia Storm Sewer MH $1,650 5' Dia Storm Sewer MH $2,750 250 LF 24" RCP Storm Sewer $13,750 24" RCP FES w/ Trash Guard $1,760 25 CY Riprap $1,930 Seed Mix 500 wf fertilizer $2,060 Topsoil Borrow 910 Subtotal $29,390 Engineering, Admin, Legal $8,820 Total $38,210 Pond HDP-1 Improvements Area (Acres) Runoff (Ac-Ft) Contribution Kennerick Addition 8.2 0.366 37.5% CR 26 (Lone Oak Rd) 2.1 0.376 38.5% City of Eagan 6.6 0.236 24.0% Total 16.9 0.978 100% 3200 CY Pond Excavation $38,720 x 38.5% $14,900 Wetland Restoration $11,000 x 38.5% $4,240 Landscape planting $13,200 x 38.5% $5,080 Erosion Control $5,500 x 38.5% $2,120 Seed w/ Fertilizer $6,600 x 38.5% $2,540 Topsoil Borrow $5,500 x 38.5% $2,120 Subtotal $31,000 Engineering, Admin, Legal (30%) Total $40,300 Grand Total County Share Project 806 $9,300 $78, 510 /Uf Agenda Information Memo February 18, 2003 D. LOT 2, BLOCK 5, WILDERNESS RUN 4TH ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: Close the public hearing to consider the vacation of public trail easement on Lot 2, Block 5, Wilderness Run 4th Addition and; OPTION 1) Deny the request to vacate the public trail easement on Lot 2, Block 5,Wilderness Run 4th Addition; OR OPTION 2) Approve the vacation of the public trail easement on Lot 2, Block 5, Wilderness Run 4th Addition and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On November 18, 2002, City staff received a petition from Gary Morgan, resident at 1293 Carlson Lake Lane, requesting the vacation of an existing trail easement on his property adjacent to Carlson Lake. • The trail easement was originally part of the Park Dedication for the Wilderness Run 4th plat in 1975 for the purpose of building a public trail around the west and south sides of Carlson Lake. To date, the trail has only been constructed along the west side but not in this location. • Mr. Morgan believes that the existing easement will not be utilized for a trail, and wishes to have it removed from his property title. • This request was reviewed by the Advisory Parks and Recreation Commission on February 13, 2003. The APrC recommended denial, commenting, that while there are no immediate plans for a trail in this location, they felt it was important to preserve the rights to accommodate a trail in the future when it is deemed most beneficial. • As a result of the July 2000 Super Storm mitigation analysis, it has been learned that there are insufficient drainage and utility (D&U) easements incorporating Carlson Lake including the area encumbered by the existing trail easement on Mr. Morgan's property. • The City may want to consider the merits of pursuing the acquisition of appropriate D&U easements as part of the discussion of the vacation of the trail easement. ATTACHMENTS: • Location Map, page. • Legal description and graphic, pages and J'E • Proposed drainage and utility easement exhibit, page. /001 Wilderness Run 4th - Lot 2, BIk 5 19/25/02 Vacation Location Map City of Eagan /D3 PUBLIC TRAIL EASEMENT A trail easement over that part of Lots 1, 2, 3, 4, 5, 6, 10, and 11, all in Block Five of Wilderness Run Fourth Addition lying between the Park in Wilderness Run 4`h Addition and a line 5 feet Southerly of the following described line; Beginning at a point on the North line of said Lot 11 distant 56.76 feet westerly of the northeast comer thereof; thence South 89 degrees, 35 minutes, 37 seconds West along the north line of said Lot 11 a distance of 85.24 feet to the northwest corner of said Lot 11; thence South 00 degrees 24 minutes, 23 seconds East a distance of 85.00 feet; thence South 81 degrees, 53 minutes, 31 seconds West along the northerly line of said Block Five a distance of 513.35 feet to the northwest corner of said Lot 1; thence South 57 degrees, 16 minutes, 52 seconds East a distance of 150.19 feet; thence North 87 degrees, 00 minutes, 37 seconds East a distance of 235.00 feet; thence North 67 degrees, 25 minutes, 37 seconds East a distance of 160.00 feet; thence North 26 degrees, 55 minutes, 37 seconds East a distance of 185.63 feet to the point of beginning. • PARK CI O EA r N -/ - I CARL SON LAKE PARK Proposed Vacation Tral oc # . 464245 64s45 Existing Trail D 4S: At? 4357 4363 1293 1267 1307 1299 1231 1277 1273 1265 r------ NN CARLSON LAKE I entc -13 J 0 City of Eagan Proposed Trail Easement Vacation I pS Lot 2, BIk 5, Wilderness Run 4th z ( z 0 D_' z Nov. 19, 2002 1 3 Nb1 N IAO0 N n N O O J o 00 o Z v Cq 00 z 0 2 X LW N FAM moll O Nj f% m N A C. N February 18, 2003 Eagan City Council VI. OLD BUSINESS A. VARIANCE - RAY MILLER ACTION TO BE CONSIDERED: To approve a Variance to allow a detached garage in the front yard of property located at 785 Golden Meadow Road, legally described as Lot 4, Block 1, Sunset 13th Addition in the NW %4 of Section 25, subject to the conditions listed in the staff report. OR To deny a Variance to allow a detached garage in the front yard of property located at 785 Golden Meadow Road, legally described as Lot 4, Block 1, Sunset 13th Addition in the NW 1/4 of Section 25. FACTS: • This request was before the Council on January 7, 2003, and was continued to this meeting at the property owners' request. • This lot was platted in May, 2002 as part of Sunset 13th Addition and contains the original house that was existing on the property prior to the subdivision. • The subdivision is now complete and the plat has been recorded. • This detached garage has been relocated and it now sits between the house and the public street. • A Variance to relocate the existing detached garage into the front yard of this lot containing the existing house was sought at the time of preliminary subdivision approval in December of 2001. The City Council denied the Variance at that time with the primary reason being that if the garage were attached to the home the Variance would not be needed. • The applicant's narrative indicates practical difficulties in attaching the garage to the house or in locating it elsewhere on the lot because of the placement of windows on the south side of the house, the existing layout of the house prevents a direct access between the house and garage, a rear yard location would require a longer driveway and there are physical obstacles to rerouting such a driveway. • The garage location satisfies required structure setbacks. The existing house is set back farther than the minimum required 30 feet, and the placement of the garage in the front yard establishes the front setback line on this property at 30 feet, which is consistent with other properties along Golden Meadow Road. ATTACHMENTS (1): Variance Report, pages (D& through 810-- /01 PLANNING REPORT CITY OF EAGAN REPORT DATE: December 27, 2002 APPLICANT: Ray Miller PROPERTY OWNER: Stuart and Roberta Pinsky REQUEST: Variance LOCATION: 785 Golden Meadow Road CASE: 25-VA-37-12-02 HEARING DATE: January 7, 2003 APPLICATION DATE: Dec. 20, 2002 PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single-Family Residential SUMMARY OF REQUEST Ray Miller is requesting approval of a Variance to allow a detached garage in the front yard on property located at 785 Golden Meadow Road, legally described as Lot 4, Block 1, Sunset 13`h Addition in the NW '/, of Section 25. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards only if: The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 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 The City's zoning ordinance requires two enclosed parking stalls be provided for a single-family dwelling. Detached accessory buildings may be located in side or rear yards only. Detached /O Planning Report - Ray Miller January 7, 2003 Page 2 accessory buildings cannot be placed in a front yard, which is defined as that area between the front lot line and the front building or setback line. BACKGROUNDIHISTORY This lot is part of the Sunset 13th Addition subdivision, which was platted in May 2002. Sunset 13th Addition created three new lots west of the existing house. The detached garage was located further west of the house on the original development site. With the subdivision of the land, the original detached garage was relocated to the same lot as the existing house. The developer requested this same Variance with the Preliminary Subdivision for Sunset 13th Addition. The City Council approved the Preliminary Subdivision, but denied the Variance request, in December 2001. The stated reason was that if the garage were attached to the house, a Variance would not be necessary. EXISTING CONDITIONS Following the subdivision of the property, this lot was sold and the garage moved onto the lot. The garage location is between the existing house and Golden Meadow Road, which places it in the front yard. The garage satisfies the minimum structure setbacks from all property lines, including the 30-foot front yard setback, however, the City's zoning ordinance requires that detached accessory buildings be located only in side or rear yards. Consequently, a Variance is needed to allow the garage to remain detached and in its current location. EVALUATION OF REQUEST The location of the detached garage in the front yard between the house and the street is requested because it is the most suitable location for the garage on the lot. Attaching the garage to the house is not practical because of windows located on that side of the house. A side yard location is not an option because side setbacks could not be satisfied. A rear yard location would result in greater disturbance to the land to bring the driveway past the existing home to the rear yard. Additionally, a rear yard location would be less convenient for access between the house and garage. The house is set back farther than the minimum 30 feet required, and the placement of the garage in front of the house maintains a consistent structure setback of 30 feet between this lot and the other adjacent lots. APPLICANT'S ESTIMATE OF HARDSHIP The developer has submitted a narrative that addresses the Variance request. The developer discusses other options that would not involve a Variance -- eliminate the garage, locate the garage further north on the property, or attach the garage to the south side of the home. Eliminating the garage is no longer an option because the City Code now requires two enclosed parking spaces for each single-family dwelling. IL)q Planning Report - Ray Miller January 7, 2003 Page 3 The applicant states that relocating the garage to the north side of the house (rear yard) would require a much longer driveway and would be difficult to reroute because of physical obstacles within the yard. The applicant indicates that placement of the garage in front of the house provides a consistent building setback with the other lots in the neighborhood since the existing house is set back farther than 30 feet. The primary reason for denial of this Variance request at the time of Preliminary Subdivision approval was that attaching the garage to the house would eliminate the need for the Variance. The applicant indicates that there are practical difficulties presented by attaching the garage due to the placement of windows on that side of the house, which would block daylight to the home. Also, there is no doorway for access directly between the dwelling and garage, and the layout of the house does not accommodate such a doorway. SUMMARY/CONCLUSION The applicant is requesting a Variance to allow a detached garage in the front yard at 785 Golden Meadow Road. This request was denied by the Council in December 2001, with the primary reasoning that attaching the garage to the house would eliminate the need for a Variance. The Variance is requested because of practical difficulties in attaching the garage to the house or locating it elsewhere on the lot. Aesthetically, whether the garage is attached or detached, the location and orientation of the garage on the property would not change. ACTION TO BE CONSIDERED To approve a Variance to allow a detached garage in the front yard on property located at 785 Golden Meadow Road, legally described as Lot 4, Block 1, Sunset I3'h Addition. 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. !10 D Eagan Sot.fe¦ry Location Map :wool A 1W Building Footprint OPP o a ? • s • 110 • t • t • 41 7W JL ? ¦ 4 ¦ 1 • o f• ARE eta ` ? ` ? , b r d a? g ! i ? ilk 7 A ?' • as b ! 1000 0 1000 2000 Fast Development/Developer. Millerville, Inc. Application: Variance Case No.: 25-VA-37-12-0: Map nr..rw a.rw ERSI wcww 3.1. narIN ww a¦p data prevle.d N by Da•o¦ county Land $.awy O.psr.n¦rt and Is aar.ntas of ..pnrnwr too: THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E City of Eagan M I N N E E S O r 4 The City of an and Oaksta County do not gu•nnt•a the accuracy of this Ifderfftatlon and an Cuow •„wy aw•.pwn¦ff papsrpr¦af fast r..ponsibl• for errors or omissions. Surveyor's Certificate SURVEY FOR :stuarl & Roberta Pinsky DESCRIBED AS :Lot 4. Block I. SUNSET 13TH ADDITION City of Eagan. Minnesota and reserving easements of record N89°49'14"E 104.22 7 LOT SO. FOOTAGE = 27,904 5.12- r------------------------ T t L ------------- I I I I I I I I I I t I 1 II a i f a I U c ? jo db'?_ 1 ? ? 8• 9 L- - ? N89°44'36"E 103. 6 95 6 9LDEN MEADOW ROA D BENCHMARK, PROPOSED ELEVATIONS Top of Foundation = Goroge Floor = Basement Floor = Aprox. Sewer Service = Proposed Elev. = Existing Elev. _ Drainage Directions = --- Denotes Offset Stake = HEDLUND PLANN,fNC £NC/N£6R/NC St/R YA'YJNC 2005 Pin Oak Drive Eagan, MN 55122 Phone (651) 405-6600 Fm : (651) 405-6606 SCALE. 1 Inch - 30 real q L?QIN OMIN. SETBACK REQUIREMENTS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF THE BOUNDARIES OF THE ABOVE DESCRIBED PROPERTY AS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION AND DOES NOT PURPORT TO SHOW IMPROVEMENTS OR ENCROACHMENTS. EXCEPT AS SHOWN. DATE 1?/loo/2Z dR Y D. LIN. L SURVEYOR Front - House Side - Rear - Garage Side - Jae Na 02R-806 ill \j, hi) To: City of Eagan From: Ray L. Miller, President of Millerville, Inc. Date: December 18, 2002 Re: Request for Variance at 785 Golden Meadow The purpose of this memo is to give a brief history of events and to follow with a justification for the variance to not attach the garage to the house at 785 Golden Meadow. Upon preliminary plat approval for Sunset 13th Addition in December of 2001 a variance was also requested in order to move the existing garage (which was located 50 feet from the house) adjacent to the existing house. The variance was requested because the garage was not proposed as attached to the house. There were four options in moving the garage: 1. Not to move the garage at all. Rather, leave the house without a garage. This option was not chosen because it was not consistent with the rest of the neighborhood, i.e. all houses in the area have a garage. 2. Move the garage to the North side of the property. This was not a preferred option because the driveway would be long and near impossible to route to the back of the property given the location of a boulder in a landscaped area of about 7' in diameter. 3. Move the garage to the South side of the house. Although the house sits at an angle when comparing it to those in the area, the garage could be set at the 30' set back and give the appearance of consistency with the rest of the neighborhood. 4. Move the garage to the South side of the house and attach it to the house. This option would not require a variance but it would present a hardjhip to the new owners of the property. The hardship is based on the existence ofBo egress windows in the lower level and one double window in the living room that would be eliminated by attaching the garage. // The Council was presented with all three options and the reasons for our request of option #3. was not at the Council meeting because of another important meeting. I chose to attend the other meeting because I felt the Staff and I had come to agreement and that the Council would take the recommendation of the Staff to approve the variance. I was therefore not able to explain the issues surrounding option #4. The council chose option #4 and denied the variance because they claimed the garage could be attached and no hardship was known. Here are the reasons for the hardship if the garage were to be attached: 1. The egress window located in the only lower level bedroom would be eliminated. 2. The window in the lower level family room would be eliminated. 3. The window in the main level living room would be eliminated. 4. All three windows are located on the southern side of the house. Attaching the garage would eliminate all southern exposure of the sun to the house. 5. Usually a garage is attached to give access to the house from the garage. In this case access to the house would not make sense due to the existing flow of the house. Half of the southern side of the house is a wall of cabinets in the kitchen. The other half of the wall is living room with the existing window. An entrance at that location would not make design sense. 6. In the December 2001 meeting, the Council suggested a "breezeway" as an alternative but this would still eliminate the windows and the southern exposure. 115- The matter is now more complicated than it was originally. The complications are of my own volition and, in hindsight, poor choices were made on my part because of the situation of the denied variance. Let me explain in hopes to vindicate myself. I would ask that the following would be kept as a private matter between the Staff, Council the Pinsky's and me. After the original variance was denied I had the choice of demolishing the existing garage rather than moving it. I didn't feel it would be in the best interest of the neighborhood design or the potential new owner of the existing home to do so. I researched the definition of "attached". I found nothing definitive. I decided to move the garage and "attach" it, but in a non-conventional manner. My first mistake was that I did not seek the advice of the Staff in doing so. I book on the reasoning of asking for forgiveness rather than permission. My plan was to attach the structures with an open roof, much like that of a trellis. The walkway between the garage and the house would be landscaping and pavers. The trellis would provide for the sun to give southern exposure to the house and all three windows would remain in tact. In August I sold the original house to Roberta and Stuart Pinsky. The garage had not yet been moved but I made promises that it would. I did tell them of my plans to "attach" the garage but I did not tell them of the denied variance. In addition, earlier in the year prior to the sale of the house, I had contracted with a remodeler to finish the rest of the basement That work was unfortunately done without the use of a permit. Some of the items from the remodel were not completed when the house was dosed with the Pinsky's. I also did a poor job of completing them within a reasonable time frame. The Pinsky's were very upset about the discovery of the above items and had every right to be. However the Pinsky's and I have worked through those issues and are now in agreement to move forward and work together to request this variance. Incidentally, all this occurred at a time when I lost my job (last March) and felt that the only career choice I had was to pursue my 15 year hobby of building homes. The pressure to make a living for my family and my normal personality tendency to push the envelope rather than following all the rules has brought me to this situation. Needless to say, these are all excuses. They do, however, further explain the situation. I hope, however, that you will not look at this as a self-induced hardship but rather consider the previous situation as the important facts of the matter. I(? Agenda Information Memo February 18, 2003 Eagan City Council Meeting B. CONTRACT- NORTH FIELDS ACTION TO BE CONSIDERED: AWARD City Contract no. 03-08 for the development of athletic fields, with alternatives 1, 2, and 3, at North Fields to Imperial Development, in accordance with the approved plans and specifications, in the amount of $439,904.00. FACTS: • At the meeting of January 21,2003, the City Council approved plans and specifications and authorized advertisement for bids. • Nineteen bids were opened and reviewed on February 14, 2003. • The City Council had previously reviewed the project and approved inclusion in the Parks Capital Improvement Program • Funding for the project will be from the Park Site Fund. + North Fields will be a multi-purpose athletic complex designed to accommodate a variety of field sports. • Turf sports, including soccer and lacrosse, are experiencing significant increases in the number of participants especially at the youth level. • The field space on the Blue Cross campus will not be available, pending the implementation of a planned expansion. • Three add-alternatives were requested- 1. Extension of Sanitary Sewer 2. Additional Parking 3. Field Irrigation • The construction estimate was $595,048. • Recommendation: Staff is extremely please with the exceptionally low bids and is recommending the base and all three alternatives be awarded. Attachments: • North Fields background summary • Bid Summary P. Sao /17 NORTH FIELDS PARK BACKGROUND SUMMARY The City of Eagan officially acquired the site from the State of Minnesota in 2000 through tax forfeiture, though the process had been initiated in the mid-1990's. The intended purpose of the acquisition being the development of an athletic complex to meet the increasing demand of the community for field space. Much of the site was filled during the 1970's by the unlicensed dumping of construction debris and rubble. Because of the unknown character of the fill, the City, working cooperatively with the Pollution Control Agency (PCA) and Dakota County, initiated a soil and groundwater testing project in 1995. After several years of testing and review, no contamination in excess of the allowable limits was found. Both Agencies subsequently gave approval to the City to proceed with development plans. The only caveats being that the primary fill area be "capped", and storm water controlled, with a paved parking lot to prevent excess infiltration of water which could lead to differential settling. Because of the limitations of the Tax Forfeiture statutes, no other use of the property, nor a sale of the property, could occur without a Legislative action. The Park and Recreation Department presented a concept plan for site development to the Advisory Park and Recreation Commission in 2001. Upon their approval and recommendation the project was subsequently included in the 2002-2007 Parks Capital Improvement (CIP) as a 2002 project and forwarded to the City Council. The City Council approved the CIP and the North Fields project. In early 2002, at the request of the City Council, the project was put on hold and a study was initiated to identify any other sites that could have the potential to be developed as an athletic complex in lieu of the North Fields site. After several months of study no sites of equivalent size or having the same cost benefit were identified. Staff was then given approval to proceed with the North Fields project however, because of the lateness of the construction season, the project could not be started and was moved to year 2003 of the CIP. At the regular meeting of January 21,2003, the City Council approved plans and specifications and authorized advertisement for bids for the project. The bid opening was scheduled for Friday February 14, 2003 at 9:00 AM. The final bid package included as the BASE BID those elements that were originally suggested by the Council, PCA and Dakota County during the review phase. BASE BID ELEMENTS • A paved parked lot with a capacity of 120 vehicles * (required mitigation) • An open turf space (420'x720') equivalent to 4 regulation soccer fields • Storm water control system * (required mitigation) • A water service extending to a fire hydrant near the parking lot • Erosion control and misc. mitigation * (required mitigation) Additional items included in the bid package as "Add Alternates", subject to additional review prior to award of the bid, lie ADD ALTERNATES • Sanitary sewer service extended into the park and capped • Additional parking for 30 vehicles • Underground irrigation system The 2001/2002 cost estimate for the project was $575,000. Because of increases in construction and labor costs over the past 18 months the estimated 2003 project cost has increased by 9.6% to $630,000. This consists of, BASE BID elements = $595,048 Additional mitigation and contingency = $ 34,952 Estimated Project Cost = $630,000 As with all Park CIP projects, funding for the development of North Fields would be taken from the Park Site Fund. The Park Site Fund consists of money paid to the City by developers to fund park development and improvement in lieu of a park land. No General Fund money is currently allocated for the project. The bid results are being presented to the Council for review and subsequent authorization to award the project. Ii? BID SUMMARY North Fields Park Improvements City Contract No. 03-08 City project No. 891 Alt 1 Alt 2 Alt 3 Low Bidders Total Base Sanitary Additional irrigation Total Base Elements and Recommended Bid Sewer Parking Lot Alternatives Imperial Developers 355,175.00 13,805.00 22,190.00 48,734.00 439,904.00 WW Grading, Inc 362,120.50 27,185.00 8,323.00 48,000.00 445,628.50 Frattalone Excavating 364,573.50 25,260.00 23,767.30 49,100.00 462,700.80 Estimated Construction Cost 595,048.00 20,892 23,498 60,900 ±: Percent Over/ (40.3%) (33.9%) (5.6%) (20.0%) Under Estimate IQ Agenda Information Memo February 18, 2003, Eagan City Council Meeting C. MODIFICATION TO DEVELOPMENT CONTRACT - (Patricia Vogelpohl) ACTIONS TO BE CONSIDERED: 1. To approve a modification to the development contract to exclude the street light requirement for Lot 1, Block I Vogelpohl Addition; Or 2. To deny a modification to the development contract to exclude the street light requirement for Lot 1, Block 1, Vogelpohl Addition; Or 3. To approve a modification to the development contract to postpone the installation of the street light until development is proposed for Lot 2, Block 1, Vogelpohl Addition. FACTS: • During the review of the final plat it was discovered that a street light had not been installed with previous development at the entrance of Lot 1, Block 1, Vogelpohl Addition (currently Lot 3, Block 1, Silver Bell Addition). • It is typical for a development of this scale to have a street light at the entrance of the site. • The street light is required per Chapter 13 of the City Code; design standards applied to preliminary and final subdivisions. • Lot 1, Block 1, Vogelpohl Addition has an existing apartment building and parking lot. Lot 2 is vacant and physical development is not proposed at this time. ISSUES • The applicant feels it is unnecessary to be charged for the street light since the subdivision application was to modify the location of lot lines only and not for physical development of the property. ATTACHMENTS (3): Memo page I 0-11D, Letter of request pa e Site Plan page rah TO: FROM: DATE: SUBJECT: MEMO City of Eagan City Council Members Sheila O'Bryan, Planner 0- February 18, 2003 Modification to the development contract - Patricia Vogelpohl In August 2002, Patricia Vogelpohl filed a Preliminary Subdivision application with the City to rearrange the existing lot lines of Lots 3, 4, and 5, Silver Bell Addition to create two lots (Lot I and 2, Block 1, Vogelpohl Addition) on approximately 5.3 acres. The two proposed lots will be Lots 1 and 2, Block 1, Vogelpohl Addition. Lot I has an existing apartment building and parking lot and Lot 2 is vacant. There is no physical development proposed at this time. In December 2002, Vogelpohl filed a Final Subdivision application with the City. Preparation of the Development Contract resulted in the requirement that a street light is installed on Lot 1, Block 1, Vogelpohl Addition based on Chapter 13, and Section 3.60 Subdivision 2 of the City Code. Section 3.60, Subdivision 2 states "The Council.... shall determine the streets, parks, or other public and private areas on which the city shall install and operate street lighting systems." Subdivision 3A states "In the event the Council elects not to pay all of the installation costs, the remaining unpaid portion shall be assessed against the benefited property owners as a public improvement." Since the installation of a street light at an entrance to a property mostly benefits that property, developers have historically paid for their installations. The applicant is opposed to installing a street light because no new development is proposed at this time and she does not want to pay for the installation of the street light. The applicant's letter states that "should the land be developed at a later date the street light would be installed at that time." Based on this statement, Council may direct staff to include this statement in the development contract as a condition of the final subdivision approval, which would postpone the installation of the street light on Lot 1 until development is proposed for Lot 2. Action to be considered 1. Modify the development contract to exclude the street light requirement; or 2. Modify the development contract to postpone the installation of the street light until development is proposed for Lot 2, Block 1, Vogelpohl Addition. !da February 3, 2003 Sheila O'Bryan Planner City of Eagan 3830 Pilot Knob Road Eagan, Mn. 55122 Sheila: i 1 1 FEB 0 3 200? ,, This letter is written to request a Variance for a proposed street light @2099 Silver Bell Rd., Eagan, Mn. To date the following expenses have been incurred to straighten out lot lines: 1. $5681.00 surveying fees 2. $3650.00 fees to City of Eagan $9331.00 Total If the proposed street light must be installed there will be an additional minimum expense of $3000.00 for the light. The total will then be $12,331.00 to simply clean-up lot lines. The primary reasons for moving lot lines are: 1. Lot lines 4 & 5 (proposed lot line 2) are in the middle of the apartment building @2099 Silver Bell Rd's parking lot. 2. Straighten out all the uneven lot lines. Should the land be developed at a later date the street light would be installed at that time. At the present time there are no plans to develop. Our hardships are: 1. In 2002 a new parking lot was installed which cost $40,000.00. 2. The income for 2002 was $45,000.00 less than for 2001 for the apartment bldg. 3. At present the vacancy rate is 13%. Thank you for your consideration. Si c r ly, Ida s as ; gtt • f t Q a } I ?r fit s I3}I i g E a?I s a p }t 3 II}_? a a ¢ 1 } s i g zi: I?$sI? ) iifi}} I } e;s= i 3'3 1t a I• 1f s ?? =3 I ? - ?3 i tea, ? } S Z ';' #)) ? ; is ! '? ?I?; £s 3} ¦a { = ?i S; a;' V V y js? \ i ° 1 "Ol t ia? Agenda Information Memo February 18, 2003 Eagan City Council Meeting • CONTRACT 03-05, JP-47 ALUM STORAGE BASIN IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the bids for Contract 03-05 (JP-47 Alum Storage Basin Improvements), award the contract to Lloyd's Construction Services, Inc., and authorize the Mayor and City Clerk to execute all related documents; or reject the bids for Contract 03-05 (JP-47 Alum Storage Basin Improvements). FACTS: • Eagan's 1990 Water Quality Management Plan (Plan) designates Fish Lake as one of only seven Class I (Direct Contact) waterbodies. However, the lake fell short of the water quality management criteria of that class when the Plan was adopted. To determine the problems and potential solutions of the lake, a diagnostic/feasibility study was completed in 1994. It concluded that greater than 50 percent of the phosphorus loading to Fish Lake comes from a main branch of the City stormwater system that routes through a 1.7-acre wetland (City Pond JP-47). This situation exists, to a large extent, because of the expansion of the watershed about 10-fold since the lift station was constructed at Hurley Lake in 1983 (see Attachment #1). • Phosphorus significantly influences plant growth in most lakes and ponds. It is abundant in plant and animal matter and attaches to fine soil particles. Thus, stormwater transports phosphorus, increasing its levels in waterbodies, which causes algae populations to increase. Very high phosphorus concentrations cause intense "blooms" of algae, which color the water green, release strong odors, and can deplete oxygen when they decay. • An ambitious, long-term management goal to reduce summer phosphorus concentrations in Fish Lake by almost 60 percent was established after the diagnostic/feasibility study concluded that this would restore the lake to a condition with partially supported swimming, improved aesthetics and fishing opportunities, and reduced severe algal blooms and excessive macrophyte growth. • The management goals and implementation plan for Fish Lake were assembled after a series of meetings and public announcements: The Fish Lake Steering Committee held 4 meetings from 3/94 to 8/94; two public input meetings were held on 3/24/94 and 7/13/94; and comments were solicited from adjacent landowners of JP-47 on 7/16/94 and 7/20/94. Numerous articles were published and briefings were made to the Advisory Parks Commission and the City Council on this topic in 1994-1995. A letter requesting comments and questions was sent to neighborhood residents on 6/15/95. lay • In 1995, the Minnesota Pollution Control Agency (MPCA) awarded the City a 4-year Clean Water Partnership (CWP) grant and loan package totaling $100,000 to implement a plan with 10 management and program components. Including City of Eagan cost-share, the CWP project exceeded $250,000 from July, 1995 to July, 1999. • One of the 10 components of the implementation plan was an alum injection system, whereby alum reacts with phosphorus in stormwater to form an inert substance. This renders the phosphorus unavailable to algae that impair water quality. The planned system would require a basin to settle the alumlphosphorus material. Ideally, this basin would be constructed on about 2 acres of land between the Hurley Lake lift station and JP-47. • On July 2, 1996, the City Council adopted changes to the water quality management program, including reclassifying JP-47 from Class IV (Wildlife Habitat) to Class VII (Stormwater Basin). • Throughout 1996, a pilot study of alum dosing was conducted. A letter to neighborhood residents on 6/11/97 communicated the latest efforts on the dosing project and requested comments on it. The letter was followed by a public input meeting on 6/26/97. • The alum dosing facility was built in 1998 at the stormwater lift station next to Hurley Lake. Until the City acquired the land or ponding easement to construct a settling basin, the alum/phosphorus material would accumulate in JP-47. • The Minnesota DNR issued permits to the City to operate the alum injection system on an experimental basis. In 1998 and 1999, the City injected alum at a dose of 1 mg/L. Based on intensive studies by the University of Minnesota during this period, the dose was experimentally increased to 8 mg/L in 2000. • In three years of operation from 1998 through 2000, large quantities of alum sludge have accumulated in JP-47. Since 2000, the alum-dosing facility has not been operated because of this accumulation. • On August 21, 2001, in anticipation of work to remove alum sludge accumulated in JP-47, the City Council authorized replacement of the wetland impact by withdrawal of (no more than) 1.8 acres of credits from its 3.5-acre wetlands banking account. • In December 2001, City consultants reported the results of a sedimentation survey in JP-47 and a characterization of the composition of the alum sludge. An estimated 3,000 cubic yards of sludge had accumulated. No analytical parameters of environmental concern were detected. Future mechanical excavation and sludge management would be required once or twice every 5 years. Short-term sludge removal would include creation of a 0.9-acre sedimentation basin within JP-47, until such time that land to the east were available for a constructed settling basin. • At a January 17, 2002 workshop, staff reviewed the short-term and long-term management issues of JP-47 with the City Council. lace • On February 5, 2002, the City Council authorized a request for bids to remove and dispose of alum sludge from JP-47 and to create a sediment basin in JP-47 per plans and specifications. However, the high priority of Storm 2000 mitigation projects and winter climate poorly suited to this type of in-wetlands work postponed the JP-47 project till Winter 2003. • On October 14, 2002, the City Council authorized: 1) removal of alum sludge from JP-47, 2) creation of a sediment basin within JP-47, 3) prioritization of the construction of a settling basin on land between Hurley Lake and JP-47, subject to land availability and pending development, and 4) active pursuit of additional wetland banking acres. • In December 2002 and early January 2003, City staff had two meetings with the residents of the lot from which access to the JP-47 work would be required. The City held a public information meeting on January 15, 2003 to discuss the planned work. • On January 16, 2003 at 10:30 a.m. submitted bids were opened for Project 03-05 (JP-47 Alum Storage Basin Improvements). Sufficient bids were received at or below the maximum estimated project cost. RECENT DEVELOPMENTS: • Subsequent to the bid opening, via a recent permitting process for a similar alum dosing operation in the Twin Cities, consultants have determined that the City will be unable to comply with state standards for dissolved aluminum in JP-47, which is a "water of the state." This essentially restricts the City's ability to be permitted to release alum directly into JP-47. Therefore, until an artificial settling basin is constructed, which is not a "water of the state," the dosing facility cannot be operated. The City was aware that this may become an issue during discussions and issuance of the first (experimental) permit. • Despite this new development, staff is negotiating with the low bidder for a reduced project cost, consistent with a reduction in the JP-47 work (elimination of the sediment basin). Recommendation is to proceed with an award of contract, if there is an acceptable reduction, or to reject bids. A subsequent City Council meeting can formally change the plans and specifications, if this is appropriate. • Updated bid figures and any new information on this issue will be provided at the meeting. Attachments: 1. Fish Lake Watershed: An extensively modified system "P. JAI? 2. Trend analysis: Statistically significant decrease in Fish Lake total phosphorus, 1991-2001 ?0. Io?9 IXZJ Fish Lake Watershed: An extensively modified system • In 1963 - Fish Lake surface area = 18 acres; Watershed area = 120 acres • In 1983 - Hurley Lake lift station constructed • In 1994 - Fish Lake surface area = 31 acres; Watershed area = 3,000 acres (red outlined) About 2,500 acres of the 3,000-acre stormwater drainage area to Fish Lake is conveyed through JP-47. Blackhawk Lake Fish Lake ;may": rot City of EQQQn '.l J watershed "' , J: ° -• a. JFL 11 Au--- _ ite fah J - - >'+ City Pond JP-47 Location of Lift Station and Hurley Lake Proposed Alum Alum Dosing Settling Basin Facility Green lines and symbols are stormwater infrastructures !a ? Trend analysis: Statistically significant decrease in Fish Lake total phosphorus, 1991-2001 fill AAAA II I m ? ?' M 0000 0 0 . W 1j yj' "? p fT? r y r'1 d 0 F+1 o N O - O c C 0 O O O 0 CO C A fa Agenda Information Memo February 18, 2003, Eagan City Council VII. NEW BUSINESS A. INTERIM USE PERMIT - PETER LUND ACTION TO BE CONSIDERED: To approve an Interim Use Permit to allow outdoor storage of semi-trailers and prefabricated modular buildings on property located southeast of Mike Collins Drive and Borchert Lane in the in the SE %4 of Section 11 and SW '/a of Section 12, subject to the conditions in the APC minutes. OR To deny an Interim Use Permit to allow outdoor storage of semi-trailers and prefabricated modular buildings on property located southeast of Mike Collins Drive and Borchert Lane in the in the SE 1/4 of Section 11 and SW '/4 of Section 12. FACTS: • This request was on the Council agenda on February 4, 2003, and was continued to the February 18, 2003, Council meeting at the applicant's request. The Council extended the time period for agency action by 60 days, and directed the Advisory Parks and Recreation Commission to review and comment on the item, at the February 4, 2003 meeting. • The site is vacant and the upland area is relatively flat. Prefabricated modular buildings are currently being stored on the site. The westerly part of the site contains part of a pond with steep wooded slopes along the banks of the pond. • The current outside storage on this site is accessory to the business operations on the adjacent property to the east (3275 Dodd Road), which is occupied by Road Equipment Parts Center. Road Equipment Parts Center provides parts and service for commercial vehicles. • The adjacent property to the south is owned by the City and guided P, Park, and development of athletic fields is anticipated to begin on the park site in Spring, 2003. The park is expected to be open to the public in August 2004. • Grading of the area will be required to direct storm drainage and prepare the site for the trailer storage. Surfacing of the storage area is proposed to be recycled bituminous aggregate and a grass swale will be constructed to divert storm drainage away from the existing steep slope and reduce the further potential erosion of that slope. • A revised site plan will be required to provide increased setbacks to meet City Code standards, and aisles within the storage area for maneuvering and access to the interior trailers. 13D ISSUES: • Dakota County Environmental Services requires closure of the site because it was part of a construction debris landfill in the 1970s. Therefore, the proposed site and grading/draining plan has been forwarded to Dakota County Environmental Services for review and we expect to receive their comments prior to the Council meeting. • The applicant proposed the interim use permit for a period of 3 years. Staff suggested, and the APC concurred with, an 18-month term so that the termination date of the Interim Use Permit coincides with the expected opening of the adjacent park. • The Advisory Parks and Recreation Commission meets on February 13, 2003, and comments from the APrC will be available at the Council meeting. ATTACHMENTS (3): Memo from City Attorney dated February 12, 2003, page k3a January 28, 2003, APC Minutes, pages through( Staff report, pages & through i3) SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Tom Hedges, City Administrator FROM: Michael G. Dougherty, City Attorney DATE: February 12, 2003 RE: Borchert Lane Councilmember Carlson raised questions with respect to any possible negative impacts of upgrading Borchert Lane as a condition to the issuance of an interim use permit to Peter Lund- Road Equipment Parts Center. The answer is dependent upon the basis for the upgrading of Borchert Lane. If the city establishes that the intended use of the property requires an upgrade to Borchert Lane in order to handle water run-off, traffic, weight loads, utilities etc., the city may condition its approval on the upgrade of the street. Mr. Lund's would then be choosing whether to make use of the property, knowing that the investment in upgrading the road may not be recovered due to the fact that the use is temporary. It can be expected that unless Mr. Lund finds a higher use (better economic return) for the property, an extension to the interim use permit will likely be requested. If independently the city finds a need to upgrade Borchert Lane irrespective of Mr. Lund's use of his property, such determination should not be tied to Mr. Lund's application. The need for safe and convenient access and/or aesthetically pleasing access to the city's park does not form a rational basis for the upgrade of Borchert Lane to accommodate Mr. Lund's intended use. In such event, the city retains its legislative power to improve Borchert Lane and assess the benefiting property. If you have any questions please give me a call. MGD/jep I 3a City of Eagan Advisory Planning Commission Meeting Minutes January 28, 2003 Page 3 DRAFT IV. PUBLIC HEARINGS A. INTERIM USE PERMIT - ROAD EQUIPMENT PARTS CENTER An Interim Use Permit to allow outdoor storage on Pt of Lot 1, Block 1, Lying in Sec. 11 & 12 Borchert Ingersoll, Inc. 1St Addition, lying west of 3275 Dodd Road in the SE Y4 of Section 11. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated January 23, 2003. She noted the background and history. Applicant Peter Lund asked that the Interim Use Permit expire in 36 months, rather than 18 months as listed in the conditions. He stated preference of condition 8b. He would also like to use the recycled asphalt for the resurfacing material. He explained that many of the neighboring property owners are not required to adhere to the same setbacks. He asked that he not be obligated to landscape the property until the park is completed. 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. Chair Huusko asked Staff if the neighboring properties' setbacks were in place before the setback requirement was established in the ordinance. Planner Dudziak stated she is not sure which neighbors the applicant is referring to, however they were most likely in place before the park was established and therefore, evaluated based on the previous industrial zoning of that property. Member Gladhill stated the 18-month term of the interim use is appropriate. He stated once the park is completed, it would no longer be an appropriate use. He stated the number of semi-trailers does not need to be established due to the wording of condition five. He stated approval of the request to use recycled asphalt. He suggested an additional condition requiring an application for a Conditional Use Permit on the adjacent property. He recommended approval with the amended conditions. Chair Huusko stated concern that the outdoor storage limits in the area are not consistent. He stated agreement with Member Gladhill. 133 City of Eagan Advisory Planning Commission Meeting Minutes January 28, 2003 Page 4 DRAFT Member Heyl agreed with Member Gladhill except for the recommendation for the additional condition requiring a CUP application on the adjacent property. City Attorney Bob Bauer stated the Interim Use application on the subject site is appropriate. He explained that requiring a Conditional Use Permit application on a separate parcel is not appropriate. He suggested that a maximum number of trailers be established in condition number one. Senior Planner Ridley explained that a City Council member had expressed interest that the Advisory Parks Commission review the request. Member Miller suggested an interim period of 12 months, rather than 18 months as stated in condition number two. Member Heyl moved, Member Bendt seconded a motion to approve an Interim Use Permit to allow outdoor storage on Pt of Lot 1, Block 1, Lying in Sec. 11 & 12 Borchert Ingersoll, Inc. 1s` Addition, lying west of 3275 Dodd Road in the SE I/4 of Section 11 subject to the following conditions as amended: 1. This Interim Use Permit shall allow outside storage of up to 30 semi trailers and/or prefabricated modular storage units. 2. This Interim Use Permit shall terminate on August 4, 2004 (18 months). This Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 4. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 5. The applicant shall submit a revised site plan for trailer storage that incorporates additional setbacks to satisfy City Code requirements and provides aisles between rows of trailers for maneuvering and emergency access. The revised site plan will be subject to review and approval by the Fire Marshal/Fire Chief and Planner. 6. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage areas. Detailed plans for this 1?4 City of Eagan Advisory Planning Commission Meeting Minutes DR A F T January 28, 2003 Page 5 grading work shall be prepared and signed by a registered professional engineer. 7. The applicant shall 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. 8. If recycled asphalt aggregate is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 9. All parking and storage areas shall be properly maintained to prevent deterioration. Member Steininger stated agreement with the applicant. He explained that the City decided to make a park; therefore the applicant is forced to change his property. He stated preference that the applicant be allowed 36 months as requested rather than the 18 months stated in condition number two. Member Miller explained that with the 18-month allowance, the City would have the opportunity to address screening upon expiration and renewal of the permit. He mentioned that the property has had problems with run off in the past. ChairHuusko stated agreement with Members Heyl and Gladhill. All voted in favor. Motion carried 7-0. 135 PLANNING REPORT CITY OF EAGAN REPORT DATE: January 23, 2003 APPLICANT: Peter Lund, Road Equipment Parts Center PROPERTY OWNER: Peter Lund REQUEST: Interim Use Permit CASE: I1-IN-04-10-02 HEARING DATE: January 28, 2003 APPLICATION DATE: Dec. 18, 2002 PREPARED BY: Pamela Dudziak LOCATION: Southeast of Mike Collins Drive and Borchert Lane COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-l, Limited Industrial SUMMARY OF REQUEST Peter Lund is requesting approval of an Interim Use Permit to allow outdoor storage of semi trailers and prefabricated modular buildings. The subject property is located at the southeast corner of Mike Collins Drive and Borchert Lane in the SE 'V4 of Section 11 and SW '/4 of Section 12, legally described as Lot 1, Block 1, Borchert-Ingersoll Inc. 15` Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 6 states: The Council may issue interim use permits for an interim use of property if. A. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the bulk performance standards of the zoning regulations herein; and B. The date or event that will terminate the use can be identified with certainty; and C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and D. The user agrees to any conditions that the Council deems appropriate for permission of the use; and 13 Planning Report - Peter Lund January 28, 2003 Page 2 E. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. 13.7 Planning Report - Peter Lund January 28, 2003 Page 3 BACKGROUND/HISTORY The property was platted in 1975. A review of aerial photos show a history of trailer storage on this property dating back to 1985 or earlier, though there is no record of a conditional use permit for such outside storage on this site. The current outside storage on this site is accessory to the business operations on the adjacent property to the east (3275 Dodd Road), which is occupied by Road Equipment Parts Center. Road Equipment Parts Center provides parts and service for commercial vehicles "to maintain to original equipment's standards any commercial vehicle or trailer that their customers may own," and "much of the work involves the brakes and suspensions of trucks and trailers." According to the applicant, "all of the companies that have occupied the building since the late 1970s have had service departments which have worked on commercial vehicles." This site was part of a construction debris landfill during the 1970s. As such, Dakota County Environmental Services requires closure of the site, which involves clean-up of any debris along the edge of the pond, grading, and establishment of acceptable ground cover. Therefore, the proposed site and grading/draining plan have been forwarded to Dakota County Environmental Services for review and comment. City staff was made aware of the existing trailer storage in the summer of 2002, when staff was called to the property by Dakota County Environmental Services to discuss closure of the site. EXISTING CONDITIONS The site is currently vacant and relatively flat on the upland areas. Prefabricated modular buildings are currently being stored on the site. The westerly part of the site contains part of a pond with steep slopes along the banks of the pond. To the east is another industrial parcel, occupied by the applicant, Road Equipment Parts Center. The adjacent property to the south is owned by the City and guided P, Park, and development of athletic fields is anticipated to begin on the park site in Spring, 2003. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Industrial I-1, Limited Industrial IND, Limited Industrial South Vacant P, Park P, Park East Industrial I-,1 Limited Industrial IND, Limited Industrial West Vacant Right-of-way; I-1, Limited Industrial IND, Limited Industrial 133 Planning Report - Peter Lund January 28, 2003 Nee 4 EVALUATION OF REQUEST Compatibility with Surrounding Area - The proposed use appears compatible with the surrounding area in the short term. Aside from the future park, surrounding properties are zoned the same as the subject site, I-1, Limited Industrial. The site is also relatively isolated, visibly exposed only to the adjacent Road Equipment Parts Center, for which the outdoor trailer storage is proposed, and the North Fields park property, which is currently vacant and unimproved. The site is also well-screened from Mike Collins Drive by existing trees around the pond. As the City makes improvements to North Fields park, however, the compatibility of this interim use with surrounding development should be reevaluated. Construction on the North Fields athletic fields complex is anticipated to begin in 2003, with the expectation that the fields may be ready for use in the fall of 2004. Site Plan - The proposed site plan shows the relatively flat upland area of the site adjacent to the Borchert Lane right-of-way as trailer storage. Surfacing is proposed to be recycled bituminous aggregate. Grading of the area will be required to direct storm drainage and prepare the site for the trailer storage. The arrangement of the trailers shown on the site plan maximizes the number of trailers (51), but leaves no access to trailers in the center or west edge of the site. The Fire Marshal/Fire Chief has indicated that access must be provided to all of the trailers. In addition, the site plan shows setbacks that are less than required in the I-1 zoning district for outdoor storage. The site plan shows a 20-foot setback from the Borchert Lane right-of-way, and a ten-foot setback from the south property line adjacent to park property. Minimum required setbacks are 40 feet and 50 feet respectively. Therefore, the applicant should submit a revised site plan that incorporates additional setbacks to satisfy City Code requirements and provides aisles between rows of trailers for maneuvering and emergency access. The revised site plan will be subject to review and approval by the City Fire Marshal/Fire Chief and Planner. Landscaping - No landscaping is proposed at this time. Since this is an interim use and changes are anticipated on the adjacent park property in the near future, landscaping improvements were not proposed. Landscaping can be reviewed after the park and street improvements are implemented, upon application for renewal of this permit. Grading - The existing grades generally slope toward the west side of the site. The applicant is proposing to construct and/ or maintain the storage areas with a recycled asphalt aggregate gravel surface. The applicant is not proposing to construct the perimeter of the outdoor storage areas with concrete curb and gutter. City code requires that all off-street parking and storage areas be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration. 139 Planning Report - Peter Lund January 28, 2003 Page 5 Bituminous asphalt is the most-widely-used surfacing material to accomplish this requirement and is required for off-street parking areas. There are a number of outdoor storage lots within the City that have been allowed to use recycled bituminous aggregate surfacing for outside storage areas, generally under conditional use permits. Those permits that have allowed recycled asphalt aggregate have included a condition for a periodic staff review of the condition of the surfacing to determine its adequacy for dust and drainage control. If recycled bituminous aggregate is used, such periodic review should be a condition of approval. If, upon review, the recycled bituminous aggregate surface is determined to be inadequate, the City will require the storage lot to be resurfaced with bituminous asphalt. The applicant should obtain a grading permit from the City prior to the construction of the proposed outdoor storage areas. Detailed plans for this grading work should be prepared and signed by a registered professional engineer. The applicant should be responsible for installing and maintaining erosion control measures in accordance with City engineering and code standards. The development is also subject to the City's recently codified land disturbance and erosion control regulations. Storm Drainage - Storm water runoff from the site will drain overland via a constructed grass swale to the northwest toward Pond EP-2. The construction of the swale is to divert storm drainage away from the existing steep slope, and reduce the further potential erosion of that slope, directly above Pond EP-2. City staff will review the area for any new erosion that the drainage swale may create. If so, the applicant should implement measures to mitigate that erosion. Wetlands/Water Quality - The site is located in the E-watershed and encompasses part of City Pond EP-2, which is currently classified as a Class V Nutrient Trap, according to the Water Quality Management Plan. Pond EP-2 also is officially designated as Public Water Wetland 19- 136W, which means that certain activities within the ordinary high water mark are regulated by the Public Waters Work Permit Program. However, Pond EP-2 has a surface area of approximately 14 acres, and thus could be considered a lake because of its size. It also contains a sport fishery. Stormwater from the development site drains to the lake and then northward to the F-watershed, which drains westerly to the Minnesota River via the storm sewer system along Interstate 494. Due to the size of the site, construction of a stormwater treatment pond is impractical. The developer proposes to construct a vegetated swale along the length of the site to which stormwater will drain and from which runoff will flow to the lake by overland means. Utilities - City sanitary sewer and water main systems are available within Borchert Lane to the east. However, no connections to the systems are proposed with this application. f 1 Planning Report - Peter Lund January 28, 2003 Page 6 Access - Access to the site is currently from Borchert Lane, a gravel road within public right-of-way along the east edge the site. Borchert Lane intersects with Mike Collins Drive and also provides access to North Fields, an athletic field complex south of this site being developed by the City Parks and Recreation Department. Tree Preservation - No trees are proposed to be removed with these site improvements. Outdoor Storage - In addition to the requirements for a conditional use permit listed above, City Code Section 11.70 lists performance standards for outdoor storage as follows: 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (1-2) zoning districts, the enclosure may be detached from the principal building. No enclosure is proposed at this time. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. There is no building on the site to establish a front yard, however, the storage area is proposed to be located on the eastern portion of the site adjacent to Borchert Lane. The site plan shows a 20-foot setback to the Borchert Lane right-of-way and a 10-foot setback from the south property line. As mentioned previously, the I-1 zoning district requires that outdoor storage areas be set back a minimum of 40 feet from the public right-of-way and 50 feet from park land. Therefore, these setbacks should be reflected on a revised site plan submitted to the City for staff review and approval prior to release of the Interim Use Permit for recording. 3. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The outdoor storage area is well-screened from Mike Collins Drive by natural trees and vegetation. No screening is provided from Borchert Lane, however, at present Borchert Lane is an unimproved public right-of-way. It is staff's assessment that because Borchert Lane is utilized only by the applicant's two sites and until the athletic fields in North Park are constructed and open to the public, additional screening measures may be unnecessary for this temporary use. The City could require screening if the interim use permit is renewed once the park property is developed. 4. The storage area shall not interfere with any pedestrian or vehicular movement. There is little or no vehicular or pedestrian movement through the site. However, as noted above, sufficient aisles for maneuvering trailers within the site and for emergency access to all of the trailers should be provided and shown on a revised site plan. ILl Planning Report - Peter Lund January 28, 2003 Pa2e 7 The storage area shall not take up required parking spaces or landscaping areas. The site is undeveloped and contains no parking or landscaping areas to conflict with the proposed storage area. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The applicant is proposing to surface the storage area with recycled asphalt aggregate. See the section on Grading earlier in this report. Staff has visited the site and found that outside storage is currently occurring on the site and most of the existing storage consists of prefabricated modular buildings designed to be transported over the road. While the outdoor storage can be accommodated through this Interim Use Permit, continued outdoor storage is a violation of the City's zoning ordinance until the plan and site improvements are implemented in full. Therefore, any trailers currently on the site, whether truck trailers or temporary buildings, should be removed immediately, and may be reestablished on the site only after the required grading and site improvements have been completed. The applicant has been made aware of this, and has indicated that the trailers will be removed upon City approval of a plan, so that the grading can be done. SUMMARY/CONCLUSION Peter Lund is requesting approval of an Interim Use Permit to allow outdoor storage of semi trailers on property legally described as Lot 1, Block 1, Borchert-Ingersoll Inc. 1St Addition. The subject site is located at the southeast corner of Mike Collins Drive and Borchert Lane. A revised site plan that show increased setbacks and provides access aisles between rows of trailers must be provided. The applicant is proposing to surface the storage lot with recycled bituminous aggregate rather than bituminous asphalt. No curbing, fences, or landscaping is proposed at this time. We have not yet received comments from Dakota County Environmental Services regarding the acceptability of the proposed plans for grading, drainage and ground cover as it pertains to their standards for site closure. We hope to have such comments prior to the City Council meeting. With the adjacent North Fields park anticipated to be operational in the Fall of 2004, staff suggests an 18-month term for this Interim Use Permit. The interim use permit should specify the number of trailers that will be allowed to be stored on the site. It is difficult to identify at this time how many trailers can be accommodated on the site once the setbacks have been increased and the necessary access aisles provided. Once a revised site plan that is acceptable to the Fire Marshal/Fire Chief has been submitted, the maximum number of trailers will be included in the specifications of the interim use permit. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit to allow outdoor storage of semi trailers and prefabricated modular buildings on Lot 1, Block 1, Borchert-Ingersoll Inc. 1St Addition, in the SE %4 of Section 11 and SW 'V4 of Section 12. Planning Report - Peter Lund January 28, 2003 Page 8 I. This Interim Use Permit shall allow outside storage of semi trailers and/or prefabricated modular buildings. 2. This Interim Use Permit shall terminate on August 4, 2004 (18 months). 3. This Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 4. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 5. The applicant shall submit a revised site plan for trailer storage that incorporates additional setbacks to satisfy City Code requirements and provides aisles between rows of trailers for maneuvering and emergency access. The revised site plan will be subject to review and approval by the Fire Marshal/Fire Chief and Planner. 6. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage areas. Detailed plans for this grading work shall be prepared and signed by a registered professional engineer. 7. The applicant shall 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. 8a. The proposed outdoor storage areas shall be surfaced with bituminous asphalt. OR 8b. If recycled asphalt aggregate is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 9. All parking and storage areas shall be properly maintained to prevent deterioration. X43 Eagan Botrtdary Location Map hes C*~ '" Pl Area Building Footprint 'm pg F71 ?S? a ,'? y All! ti a . • ? ¦ . I . ? Sub ect Site ?' I ? ? q j a1 4 ® ®® ,m c? 3 ?J {J 7 } , p ? ,.z'j3 si a. a sa 4 v 7 b , IT J 1 S __ ti a 1 ?a 4 47 , 1000 0 1000 2000 Feet Development/Developer. Peter D. Lund Application: Conditional Use Permit Case No.: 11-I N-04-10.02 Map Prepared using ERSI ArcVNw 3.1. Parcel boas map data provided by Dakota County Land Survey Deportment and I. current as of March 2002. / THIS MA ENCE USE ONLY 3 N w E City of Eagan ,V1 N N E S O T A cawnwdry D.wepreart D.Nrtw.nt P 1 INTENDED FOR REFER The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Peter Lund Land Use Map Case No. 11-IN-04-10-02 Comprehensive Guide Plan Land Use Map I Current Land Use Designation: IND Limited Industrial S.. 0 aaa 12" F-I iiiiiiiia RC 4 INo INa INa RC ?•b??wr.w- la RC INa ••7 INS ra MD INa ala INo F we Location INa ti ua au INa H i ° 1 " ?,{I I aa:?nnaaa ?!t i i fil l NVId ONIUV O/3115 --J all F-- ' •a_ C) L a J --• _L_ ?J Imo; l•J 1 \ 1' Ji 1 ?. di. !` 'lam y 40 z? I •aJ pp1 ? J ROAD EQUIPMENT PARTS CENTER ROAD EQUIPMENT SERVICE CENTER The company that leases property at 3275 Dodd Road is Project Clarke, LLC. d.b.a. Road Equipment Parts Center. This company was formed in February of this year and bought the assets and assumed the leases of Transportation Components Co. which was one of 18 companies owned by the Houston, TX based TransComUSA. TransComUSA was in chapter 11 bankruptcy when this transaction took place. The property has been owned for industrial purposes by two owners, Borchert-Ingersoll (a distributor and service center for GM Terex heavy construction equipment) and Peter D Lund. Mr. Lund was the sole stockholder in Transportation Components Co. before it was merged in to TransComUSA. Transportation Components and TransComUSA has always operated a parts distribution warehouse and a service center on this site since 1994. All the companies that have occupied this building since late in the 1970's have had service departments which has worked on commercial vehicles. The company today does service work for over 90 local and national companies. The scope of the work is to maintain to original equipment's standards any commercial vehicle or trailer that their customers may own. Much of the work involves the brakes and suspensions of trucks and trailers. The customers shuttle various vehicles to this property for maintenance work. Most often the vehicles are scheduled for work and are dropped a few days before the scheduled work and picked up a few days after the work is completed. At most times there are between 10 and 15 power units (truck-tractors) and 50 to 60 trailers in the yard. The main activity is between 6:00am and 10:00pm Monday through Friday. The company is also open for business on Saturday but on a shortened schedule. - /4-7 Agenda Information Memo February 18, 2003 COMMUNITY CENTER UPDATE A. CONSIDER the recommendation of the Operations Committee to add a mirror, electrical outlet, and vanity table to the women's locker room in lieu of removing the lockers and benches (as previously directed by the City Council at the January 21, 2003 City Council meeting). ACTION TO BE CONSIDERED To approve the recommendation of the Operations Committee to add a mirror, electrical outlet, and vanity table to the women's locker room in lieu of removing the lockers and benches (as previously directed by the City Council at the January 21, 2003 City Council meeting). FACTS: At the January 21, 2003 City Council, the Council approved the recommended changes to the women's locker room to remove lockers and benches in order to create additional vanity and staging space. After meeting with Parks and Recreation Director Vraa and contractors at the Community Center, the operations committee discussed the changes to the women's locker room at the February 5 and February 12 Operations Committee meeting. The committee is recommending that the Council reconsider the direction for the women's locker room in order to add a mirror, electrical outlet, and vanity table, all of which is anticipated to cost less than $1000. 4 Agenda Information Memo February 18, 2003 COMMUNITY CENTER UPDATE: B. CONSIDER the removal of the Community Center hiring freeze. ACTION TO BE CONSIDERED: • To authorize staff to proceed in hiring Community Center personnel by removing the Community Center hiring freeze (per the direction at the December 23, 2002 City Council meeting. FACTS: • At the December 23, 2003 City Council meeting, the Council directed a hiring freeze on all new personnel at the Community Center. • The Operations Committee has reviewed the Community Center staffing plans at numerous committee meetings and is recommending the hiring freeze be removed in order that Community Center personnel is in place for the opening of the building. • The Operations Committee directed staff to prepared a timeline for the February 18 City Council meeting showing staff's recommendations as to when Community Center staff would be needed for each of the components and when the individual staff members are recommended to be hired. • The hiring freeze is recommended to be approved in order that staff has adequate time to post, advertise, interview, and hire the positions. ATTACHMENTS: • Attached is a staffing timeline showing staff's recommendations as to when Community Center staff would be needed for each of the components and when the individual staff members are recommended to be hired. I`f1 Eagan Community Center Timelines for hiring staff Rental Coordinator February 18 = Council Approval March 3 = Start date (two weeks from acceptance) Customer Service Representative February 18 = Request Council Approval February 23 = Post ads March 5 = Application deadline March 10 - 21 = Interviews April 1 = Council approval April 14= Start date (two weeks from acceptance) Custodial Staff February 18 = Request Council Approval February 23 = Post ads March 5 = Application deadline March 10 - 21 = Interviews April 1 = Council approval April 14= Start date (two weeks from acceptance) Part-Time Staff February 18 = Request Council Approval February 23 = Post ads March 5 = Application deadline March 10 - 21 = Interviews April 1 = Council approval April 14= Start date (two weeks from acceptance) *Fitness Coordinator *April 8 = Request Council Approval May 20 = Council approval June 16 = Start date (two weeks from acceptance) * Note: timelines may need to be adjusted if our previously interviewed candidate(s) are no longer interested in the position. ISO Agenda Information Memo February 18, 2003 COMMUNITY CENTER UPDATE: C. AUTHORIZE staff to proceed in the hiring of the Community Center Rental Coordinator position ACTION TO BE CONSIDERED: • To authorize staff to proceed in the hiring of the Community Center Rental Coordinator position. FACTS: • At the December 23, 2002 City Council meeting, the Council directed that no additional Community Center staff be hired until the staff plans had been reviewed by the Operations Committee. • Over the past two months, the Operations Committee has reviewed staffing plans for the Community Center. • As the demand for the banquet room, gyms, and meeting rooms continues to increase, it is the recommendation of the Operations Committee that the Council approve the hiring of the Rental Coordinator position. • Prior to the hiring freeze, staff reviewed over 250 applications for the Rental Coordinator position, and completed the interview process. • Should the Council approve the hiring of the position, staff is prepared to offer the position to the applicant selected through the interview process. • Should the Council approve the hiring of the Rental Coordinator position, the applicant selected through the interview process would be offered the job to begin on March 5 (following formal approval of the specific applicant at the March 4 City Council meeting). ATTACHMENTS: • Attached is the job description for the Rental Coordinator position. P. 15a-I5y- I51 City of Eagan Position Description Position Title: Rental Coordinator - Community Center Department: Parks and Recreation Reports To: Community Center Manager Position Summary: Responsible for scheduling users and groups at the Community Center, processing detailed information, completing data entry for facility use requests, record-keeping and financial reporting for the rental process. Coordinates rental information with facility supervisors to assure staffing and facility equipment can meet quality service standards. Assists Community Center Manager with marketing the facility. Performs multiple customer service functions. FLSA exempt salaried position. Primary Objective: To provide high quality customer service in securing facility rentals for the Eagan Community Center. Essential Position Functions 1) Provides detailed facility information (by telephone, in writing and in person) to potential customers. 2) Arranges for and schedules use of all Community Center facilities, including banquet and meeting rooms, birthday parties, gymnasium, indoor playground, performance center, gazebo and bandshell, for both individual and program activities through computerized scheduling system; issues facility use permits to customers. 3) Provides and obtains relevant information for facility rental. Show rooms, prepare invoices and receipt payments. 4) Communicates banquet room scheduling and set-up issues to manager on duty and customer service staff; prepares signs and notices of meeting locations. 5) Develop detailed room set-up sheets to be distributed to the appropriate staff. 6) Responsible for collection of deposits, payments, issuance of refunds and invoices for facility rentals and food/beverage services. 7) Answers telephone and in-person inquiries from the public, provides routine assistance to the public by providing information on facility rental and department policies or procedures as required for the Community Center and Parks and Recreation operations. 8) Develops, maintains and forwards monthly reports to the Community Center Manager regarding facility use, food/beverage service, equipment or other provisions charged to the facility user. I 9) Develops and implements a public relations program to promote rentals and facility usage through press releases, cable television, public speaking engagements, articles for the City's Newsletter publication, etc. 10) Updates public voice mail messages, standard and video bulletin boards; obtains approval from Community Center Manager for requests unrelated to the City. 11) Provides backup for customer service counter for breaks and to cover for absences; answers phones as backup to staff, as needed. 12) Resolves customer's complaints on facility use rentals. Follows up on complaints of poor service levels for facility rentals, assesses the claim, determines the value and processes the appropriate refund/fee adjustment within accepted guidelines and with appropriate approval. 13) Investigates damage or misconduct claims by users and determines the value the customer is responsible to pay, for approval by Manager. Communicates forfeiture of money to patron and initiates the collection process with appropriate approval. 14) Provides direction and detailed information in a systematic and written form on facility rentals, room set-ups, food service and other customer service needs to the respective temporary and/or part-time staff. 15) Assists with creating promotional material, displays or presentations to promote the facility. Attends events such as bridal shows, trade shows/expo's or businesses to market the facility. 16) Creates specialized mailing and distribution lists for regular and special promotions. 17) Develops an ongoing customer survey process for rental users. Designs, distributes, analyzes results and prepares periodic reports with recommendations based on findings. 18) Establishes and maintains record management for facility permit files following departmental guidelines for record retention standards. 19) Provides annual evaluation and research of operating policies and procedures related to memberships, banquet rooms, fees, complaint handling and related issues; assists in revision of rental policies/fees, as necessary. Updates assigned sections of the Community Center operating policies and associated forms annually. 20) Recommends purchases for items needed in banquet and meeting rooms. Secures supplies for birthday party packages and other areas, as needed. Other Position Functions 1. Performs tours of facility for prospective users. 2. Performs other related duties as apparent or assigned. /S-3 Minimum Qualifications: A. Knowledge of: 1. Operations, practices, procedures of a Community Center facility. 2. Modern office procedures, methods and computer equipment. B. Ability to: 1. Communicate clearly and concisely, both orally and in writing. 2. Plan, organize and carry out assignments with minimal supervision; detail-oriented. 3. Establish and maintain positive working relationship with staff, customers and the community. 4. Proficiently use software applications for facility reservations, word processing spreadsheets and/or presentation or promotional applications. 5. Use fine motor skills and manual dexterity to type and write, frequently using repetitive movements. 6. See and read documents, correspondence and computer screens. 7. Identify and respond to issues, concerns and needs in a professional and timely manner. 8. Work independently and prioritize work. 9. Operate equipment proficiently, to include audio-visual, food service and basic maintenance equipment. 10. Enforce facility policies and procedures in a professional, customer-friendly manner. 11. Work during hours that accommodate potential customers' needs. 12. Possess and maintain a valid Minnesota driver's license or equivalent out-of-state license. C. Experience: 1. Personal computer and word processing experience. 2. Two-years of progressively responsible clerical and/or customer service experience involving public contact to include office setting/facility scheduling in a recreation facility or hotel/conference center setting or related area. 3. Experience in marketing, sales or rental work environment. Desired Qualifications: 1. Familiarity with Microsoft word processing and spreadsheet applications, Power Point presentations graphics programs and reservations software. 2. Experience in processing reservations with detailed information and/or coordination of detailed information for facility management, hotel/conference services or related profession. Work Environments/Requirements: • Office/community center environment; exposure to computer screens; working closely with others; frequent interruptions. I5-} IQ Minnesota Department of Public Safcn d LIQUOR CONTROL DIVISION 444 Cedar St., Suite 100 L. St. Paul. MN 55 10 1-2 156rr; ?? 6 555 8 ( 2-6 12)296.6434 TTY(612)2 -- APPLICATION FOR COUNTY/CITY ON-SALE WINE LICENSE (Not to exceed 14% of alcohol by volume) EVERY QUESTION MUST BE ANSWERED. If a corporation. an officer shall execute this application. If a partnership, & partner shall execute this applical ton .(P S 9114-94) L'1 `}D S ' S c ?r . 5 Ul t Workers compensation in mrance company. Name • Polio # LICENSEE'S SALES & USE TAX U) To appl% for sales tax N. call 296-6 181 or 1-800-657-3777 Applicants Name(13usincss. Partnership, Corporation) Trade Name or DBA r?, l Business Address Business Phone Applicant's Ilene Phone City Coun State Zip Code Is this application If a transfer. give name of former owner License peri ZNew• as ?- Transfer / From / 0 To ?" 03 If a corporal ion, i v name. title. address and date of birth of each oSScxr. If a partnership. O -S name, address and date of birth of each partner. Partner/Officer Name and title ° L Address L DOB /q- j 4to L in i_? i :2) IF /I/// ze? Partner/(dicer Name and Title Address DOB Partner/Officer Name and Title Address DOB Partner/Officer Name and Title Address DOB CORPORATIONS Dae of in corpora ion a ate of neotpa.d ion Cart ifica a Number is corpora ion atahorircdto do busin ess in Mnnesda? 7 / 2- 7// ' 2- .?'Yes C No If a subsidiary of anaher corpora ion, give name and address o(pwat corporation BUILDING AND RESTAURANT Name of buildng o,,n a (Ana's ad&, ss uC{ ?v fLY?L?S Are Pry y Taxes delnyua t? llasthebuilding owner any con?edien, three or indvee, Reaaurart setngcapaciy 0 Yes 0 No wththe licart? 0 Yes ' No p Hours food will be available No. ofpeq)k reaaurant atploys No. of morthspa year res aurant. Will food savice be the princ to busin ess? 0 ,, will be ape 1 2 .0'Ycs 0 No Descrihethepraniwsto be licensed lhh a res aurss is in omj in d ion w th an ah a bus ness(resart,ac.), describe business OTHER INFORMATION T Yes 0 No 1. has the applicant or associates been granted an oa-sale non-intoxicating malt beverage (32) and/or a "set-up" license in cotjunction with this wine license? N o 2. Is the applicant or any of the associates in this application a member of the county board or the city council 2 Yes / which will issue this license? If yes, in what capacity? . (If the applicant is the spouse of a member of the governing body, or another family relationship exists, the member shall not tote on this application.) Yes w No 3. During the past license year, has a svtnmons been issued under the liquor civil liability(Dram Shop) (M.S. 340A.802). If yes, attach & copy of the summons. NO LICENSE WILL BE APPROVED OR RELEASED UNTIL THE $20 RETAILER ID CARD FEE IS RECEIVED BY MLC. Ycs ZNo 4. 1 [as applicant. partners, orTiccrs or employees aver had any liquor law" violations is Minnesota or elamhere. If so. give names, dates, violations and final outcome. Yes/No 5. Does any person other than the applicants, have any right. title or interest in the furniture, fixtures or equipment in the licensed premises? If yes, give names and details. Yes/No 6. I lave the applicants any interests. directly or indirectly. in any other liquor establishmeats in Minnesota? If yes. give name and address of the establishment I CERTIFY 11IAT I HAVE READ THE ABOVE QUE 'TI TIIAT THE ANSWERS ARE 1RUE AND CORRECT TO THE BEST OF MY OWN KNOWI.EDC1E. i 0 Z 01 Si ature of A l t Date The licensee must have one of the following: C;7A. e Liquor Liability Insurance (Dram Shop) $50.000 per person; S 100.000 more than one person: S 10,000 property destruction; S50.000 and S 100.000 for loss of means of support. ATTACH "CERTIFICATE OF INSURANCE" TO TFIIS FORM. B. A Surely bond from a surety company with minimum coverage as specified above in A. 0 C. A certificate from the State Treasurer that the Licensee has deposited with the State. True Funds having a market value of S 100.000 or S 100.000 in cash or securities. IF LICENSE IS ISSUED BY THE COUNTY BOARD, REPORT OF COUNTY ATTORNEY Ycs 0 No I certifi• that to the best of my knowledge the applicants named above are eligible to be licensed. If no. state reason. Signature County Attorney County Date REPORT BY POLICE OR SHERIFF'S DEPARTMENT This is to certify that the applicant and the associates. named herein have not been convicted within the past five years for any violation of Laws of the State of Minnesota, Municipal or County. Ordinances relating to Intoxicating Liquor, except as follows Signature Title Department Name IMPORTANT NOTICE ALL RETAIL LIQUOR LICENSEES MUST HAVE A CURRENT FEDERAL SPECIAL OCCUPATIONAL STAMP. THIS STAMP IS ISSUED BY THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS. FOR INFORMATION, CALL (612)290-3496 Page 1 of 2 3/01 ?nrnncsauia atawIUI vanrunny LG220 Application for Exempt Permit Fee - $25 or Board Use Only Fee Paid Organization Information Check No. Previous lawful gambling exemption number Organization name f' 1 -rWi /JToMS T t-R ` U3 1- Street 301 kLA W&J'Ab0P4\3 Noe. City rn l State/Zip Code ? 5s4(2 County ANN Name of chief executive officer (CEO) First name Last name Daytime phone number of CEO R.pN Qv -a R (Qk2-6Z,:? - Lk 30 Name of treasurer Daytime phone number of First name Last name treasurer. e-R __??NE_ X52-8®8-©?\3 Type of Nonprofit Organization Check the box that best describes your organization: ? Fraternal ? Religious ? Veteran CS Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: ? IRS letter indicating income tax exempt status ? Certificate of Good Standing from the Minnesota Secretary of State's Office ? A charter showing you are an affiliate of a parent nonprofit organization J,R] Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) Address o not use PO box) CRY State/Zip Code County C - 2," d C,a N?) 22 C)6i ,}a Date(s) of activity (for raffles, indicate the date of the drawing) (teaQuin t Zo03 Check the box or boxes that indicate the type of gambling activity your organization will be conducting: ? 'Bingo ® Raffles (cash prizes may not exceed $12,000) ? 'Paddlewheels 'Pull-Tabs ?'Tipboards 'Equipment for these activities must be obtained from a licensed distributor. This form will be made available in alternative format (i.e. large print, Braille) upon request. The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a permit. If you supply the information requested, the Board will be able to process your application. Your name and and your organization's name and address will be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your permit. When the Board issues your permit, all of the information that you have provided to the Board in the process of applying for your permit will become public. If the Board does not issue you a permit, all the information you have provided in the process of applying for a permit remains private, with the exception of your name and your organization's name and address which will remain public. Private data about you are available only to me Tonowng: tsoara memoers, start of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. LG220 Application for Exempt rmit Organization Name Local Unit of Government Acknowledgment If the gambling premises Is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application. Check the action that the city is taking on this application. ? The city approves the application with no waiting period. ? The city approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class city). The city denies the application. Print name of city Q _-_-_--__ (Signature of city pe nnel receiving application) Title-LW - ad) - -------------- Date_un) Aok/-LI Page 2 of 2 3/01 If the gambling premises is located in a township, both the county and township must sign this application. On behalf of the county, I acknowledge this application. Check the action that the county Is taking on this application. D The county approves the application with no waiting period. The county approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days. 11 The county denies the application. Print name of county (Signature of county personnel receiving application) Title Date--_-/-_/ ___ TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).] Print name of township (Signature of township official acknowledging application) Date--_/ /-_ Chief Executive Officer's Signature The information provided in this application is complete and accurate to the best of my knowledge. Chief executive officers sig Name (please Mail Application and Attachments At least 45 days prior to your scheduled activity date send: • the completed application, • a copy of your proof of nonprofit status, and • a $25 application fee (make check payable to "State of Minnesota"). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 Date---I If your application has not been acknowledged by the local unit of government or has been denied, do not send the application to the Gambling Control Board. LG220 Application for Exempt Permit, Information Sheet 3/01 Who may be issued An exempt permit can be issued to nonprofit organizations conducting lawful gambling an exempt permit? activity on five or fewer days, and awarding less than $50,000 in prizes during a calendar year. (Raffles: Total cash prizes for a raffle may not exceed $12,000.) Separate Complete a separate application for each occasion. An occasion may be either: applications 1. One day of gambling activity. required • If your organization wants to conduct gambling activity on April 5, May 5, and June 5, you must submit a separate application and fee for each activity date. -OR- 2. Two or more consecutive days of gambling activity. • If your organization wants to conduct gambling on July 3, 4, and 5 at the same site, you may submit only one application and one fee. Raffle: If you are conducting a raffle, each day a drawing is held constitutes one day of gambling. If drawings are held on more than five days in a calendar year, your organization must obtain an organization license, a gambling manager's license, and a premises permit. How to obtain a copy of proof of nonprofit status Minnesota Secretary of State Certificate of Good Standina - Nonprofit Articles of Incorporation Attach a copy of your organization's Certificate of Good Standing (317A) showing incorporation as a nonprofit organization. This certificate can be obtained from the Minnesota Secretary of State: Minnesota Secretary of State Business Services Division 180 State Office Building St. Paul, MN 55155 Phone: 651-296-2803 IRS Income Tax Exemption Under a national organization If your organization falls under a national organization, attach both of the following: 1. a copy of the IRS letter showing that your national organization has been a registered nonprofit 501(c) organization and carries a group ruling, and 2. a copy of the charter, or letter from your national organization, recognizing your organization as a subordinate. OR Not under a national organization If your organization does not fall under a national organization, attach a copy of the IRS income tax exemption [501(c)] letter in the name of your organization, showing income tax exempt status. To obtain a copy of your federal income tax exempt letter, send yourfederal ID number and the date your organization initially applied for tax exempt status to: IRS P.O. Box 2508 Room 4010 Cincinnati, OH 45201 Sales tax exempt status or federal ID employer numbers are not proof of Income tax exempt status. Financial report • A financial report form and instructions will be sent with your permit. and recordkeeping • Complete and return the financial report form to the Board within 30 days of your date of required activity. • Your organization must keep its gambling records for 3-1/2 years. Questions? Call the Licensing Section of the Gambling Control Board at 651-639-4000. If you use a TTY, you can call the Board by using the Minnesota Relay Service and ask to place a call to 651-639-4000. Or, check our Web site at www.gcb.state.mn.us. BANDSHELL RENTAL POLICY CONSIDERATIONS Priority use Schedule: 1) City of Eagan sponsored event. 2) Community Center related event. 3) Local Community sponsored event intended for and free to the public. $150.00 damage deposit required. Any event ( permitted in this category) officially scheduled and cancelled without prior notification, will forfeit $50.00 of the deposit fee. 4) Other use requests - $50 per hour rental fee plus $150.00 damage deposit. ? Request for permitted use will be accepted after January 1 of each year. Permits must be submitted 45 days in advance of the desired event date. Rental fee and deposit required at time of approval. If a permit is denied, the applicant will be notified in writing within 10 days of our receipt of the permit request The applicant may re-apply and introduce the request before a meeting of the Operations Committee as designated by the City Council. ? The city reserves the right to screen all performances prior to any event and deny a permit in its sole discretion for any reason consistent with its police or legislative powers. In general, performances involving conduct undesireable or not acceptable to the general public as may arouse resentment, anger, and / or fear to the public will not be acceptable as per Mn. Statute Sections 609.72 and 609.74. Any event that willfully deviates from its permitted request will forfeit 100 % of the permit fee and damage deposit. ? All existing ordinances related to use/consumption of alcohol on park grounds apply. Sec. 10.23. Rules and regulations governing public parks and recreation areas. Subd. 2. Unlawful acts (hours and conduct). It is unlawful for any person, in any park or recreation area, to: B. Be under the influence of an alcoholic beverage or controlled substance C. Bring wine or liquor, as those terms are defined in chapter 5 of the City Code, or bring beer, as that term is defined in said chapter, in kegs, barrels or case lot quantities except where authorized by written permit from the council or park director. D. Use, possess or sell any controlled substance. ? All existing ordinances related to "Noisy gatherings and electric sound" Sec. 10.31 of City of Eagan code apply. Sec. 10.31. Noisy parties or gatherings and electronic sound system/audio equipment. Subd. 1. Noisy parties and gatherings. It is unlawful for any person to permit or to be present at or participate in a noisy party or gathering of people from which noise emanates of sufficient volume or nature so as to disturb the peace, quiet or comfort of another or interferes with the right of another to use peacefully his/her property, whether on public or private property. It shall be presumed that a violation of this section has occurred when any noise from a gathering is plainly audible, at a distance of 50 feet or more, between the hours of 10:00 p.m. and 7:00 a.m. It is unlawful for any person, owning or possessing property upon which a party or gathering prohibited herein is in progress, to fail to abate such noise upon an order of a police officer. When a police officer has probable cause that a violation of this section is occurring, the officer may order all persons present, other than the owner or person in possession of the property, to disburse and leave the property immediately and failure of any person, other than the owner or person in possession of the property, to refuse to leave after being so ordered by the police officer shall be unlawful. Subd. 2. Electronic sound system/audio equipment. A. No person shall use or operate any electronic sound system or audio equipment including, but not limited to, any compact disc player, cassette tape player, AM-FM radio, citizen band radio, paging system, or any other device designed to produce or reproduce audio sound; in such an unreasonably loud manner that it disturbs the peace, quiet, and comfort of others or interferes with the right of another to use peacefully his/her property or public property without disturbance. B. It shall be presumed that a violation of this section has occurred when any electronic sound system or audio equipment is operated in a manner in which it is plainly audible, at a distance of 50 feet or more, between the hours of 10:00 p.m. and 7:00 a.m. It shall be presumed that a violation of this section has occurred when any electronic sound system or audio equipment is operated in a manner in which it is plainly audible, at a distance of 100 feet or more, between the hours of 7:00 a.m. and 10:00 p.m. C. When sound violating this section is produced by an electronic sound system or audio equipment that is located in or on a vehicle, the vehicle's owner is guilty of the violation, provided that if the vehicle's owner is not present, the person in charge of the vehicle at the time of the violation is guilty of the violation. ? A certificate of insurance is required with the following coverages: $1 Million personal, $1 million property and $2 million aggregate. ? Rental of the Bandshell authorizes only the use of the Bandshell and its adjacent seating area. Parking at the Community Center parking lot is not exclusive to the renter of the Bandshell. ? Rental fees are non-refundable, unless City staff cancels the event due to inclement weather or unsafe environmental conditions. The renter agrees that the city shall have no additional responsibility or liability for such a cancellation. ? All decorations to the Bandshell must have city staff approval. ? Renter agrees to start and end all activities according to the times stated on the Permit. A reasonable amount of time allowed for set-up and take down is to be agreed upon. ? Permitted use of the bandshell requires that it be staffed by a city staff person. If the city finds it necessary for police officers to be on the premise during the event, the renter shall pay the per hour rate as determined by the City of Eagan Police Department. ? If the renter requests additional items such as, picnic tables, satellites, supplementary power, etc., the renter will pay the fee as listed or determined by City of Eagan staff. Community Center Policies OPERATIONS COMMITTEE POLICY RECOMMENDATIONS The following policies were discussed in past Operations Committee meetings and are prepared for final consideration from the council. The policies shown below include staff's final policy recommendations. Additional policies will need to be added as circumstances warrant. Zero Tolerance Policy Purpose: The health, safety and well being of every patron utilizing the Eagan Community Center is our primary objective. Respect for the Eagan Community Center staff, patrons and the building is paramount. Policy: The Eagan Community Center shall enforce a zero-tolerance policy with regards to negative participant conduct while on site, including, but not limited to, smoking in restricted areas, profanity, rowdy or disruptive behavior, fighting, underage mischief, alcohol/drug/or other substance use or possession, unauthorized possession of a weapon or firearm. The Eagan Community Center staff shall be the sole judge of what constitutes inappropriate behavior covered by this policy. Behavior witnessed by the public shall be investigated by the Eagan Community Center staff. The Eagan Community Center is a family based facility and all participants will be expected to govern themselves accordingly. Failure to do so will result in either temporary or permanent expulsion from the facility. The Eagan Community Center staff will involve the Eagan Police, when necessary, to enforce its zero-tolerance policy. Common Areas/Overall Building Policies • All children under age 10 are required to have adult supervision. • No organized meetings in common areas. • No red beverages allowed in the building. • No coolers, outside food/beverage, or glass shall be allowed in the Community Center unless organized through Community Center staff. • No parties/gift opening or cake/cupcakes allowed in common areas. • No personal storage will be permitted in the building. • No personal boom boxes are permitted in the building. • A photo I.D. is required for checking out building equipment. Exchange of a valuable for equipment is not acceptable. • Staff will approve all donations to the Eagan Community Center. All donations will become the property of the City of Eagan. • Zero Tolerance Policy: If a person breaks a rule, the Community Center staff has the right to ask the person to leave the building. • The Eagan Community Center reserves the right to deny admission to anyone who appears to be under the influence of alcohol or a controlled substance. • The Eagan Community Center reserves the right to deny admission to anyone bringing in weapons, devices intended for harmful cause or actions that demonstrate intent to cause harm. • The Eagan Community Center is not responsible for items lost, stolen or left on site. Smoking • No smoking will be allowed inside the Eagan Community Center. • Smoking on the (outdoor) patio is permitted by those of legal age. Outside Food/Beverage Policy • No coolers, outside food/beverage, or glass shall be allowed in the Community Center unless organized through Community Center staff. Water bottles will be permitted. Display Cases • Any requests for the use of the display cases must go through Community Center staff. • The display cases should be changed every 3 months to ensure that they do not become stagnant. Lost and Found • All items turned in will be date tagged. • Every 14 days, items that have not been picked up will be donated (staff has discretion to retain items for longer that 14 days if appropriate). Early Closure • Staff shall have discretion to close the facility in case of a building emergency or inclement weather. Customer Grievance • At the recommendation of the operations committee, any citizen issue/concern brought to a City Councilmember regarding the Community Center will first be directed to staff so that staff can work with the citizen to resolve the concern. Maintenance Days • The Community Center will block off dates for necessary repairs or maintenance of areas/equipment. Each area can be block off for up to 14 days per year, with areas being block off during their non- peak times. Membership fees reflect these blackout days. Banquet Rental Rules and Regulations Attached are the Banquet Rental Rules and Regulations that were approved by the City Council and are currently printed on the Application and Rental Agreement that must be completed by any person using the banquet facilities. Community Center Policies February 5, 2003 Page 2 Meeting Room: Decoration s/Meetin 2 Presentations • . The Renter/User shall leave the room(s) and/or area(s) used in a clean, orderly fashion, including replacing items that were removed. • The Renter/User assumes full responsibility for any damage caused or unlawful act committed in connection with the Renter's/User's use of the Eagan Community Center. • Sound levels for audio equipment are required to be controlled and maintained at a level set by Community Center management. • The Community Center is not responsible for items left on site. • No tape or adhesives on the walls or furnishing. • Facility equipment (examples including, but not limited to: overhead, flip charts, etc.) will be rented to the user. Banquet Room(s) Separate policies - previously approved The Blast (Indoor Playground) • All children under age 10 are required to have adult supervision. • This area is restricted to children ages 12 and over. • No food or beverages permitted in The Blast. • A hand stamp is required for admittance into The Blast. • No running or rough play. • Socks must be worn at all times. No shoes or bare feet permitted on the equipment. • Group Rates: 1. Two weeks advanced notice reservation required based on availability. 2. Group rates do not apply on school release days, weekends, and/or holidays. 3. A minimum of one adult supervisor per ten children is required. Lone Oak Room • It is recommended by the committee that seniors get booking priority for the Lone Oak Room during the hours of 8 a.m.-4:30 p.m., Monday-Friday. • If there are no senior or City of Eagan bookings in the Lone Oak Room, the room will be available to be rented. • Given the number of meeting rooms in the Community Center, the Lone Oak Room shall be the last room to be rented (last resort). • No personal storage will be permitted in the Lone Oak Room. • Staff will approve all donations to the Lone Oak Room. All donations will become the property of the City of Eagan. • All building and room keys are to be under the possession of Community Center staff only. Community Center Policies February 5, 2003 Page 3 Volunteer Services/Senior Proerammin2 • All senior programming/events/services, volunteer or city staffed, offered at the community center, will be authorized and/or coordinated through city staff. Teen Center Staff is awaiting further direction on the programming/components to be included in the teen center before a usage policy is drafted. • A photo I.D. is required for checking out and building equipment. Fitness Area • Any person between the ages of 15-18 must go through an orientation session prior to using any of the fitness equipment. • Minimum age to use the fitness center and track is 15. • No fitness drinks allowed. Water bottles will be permitted. • All available exercise equipment will be provided by the community center (i.e. hand weights, tubing, balance balls, mats, etc.) Outside exercise equipment will not be permitted. • Guests are permitted to bring their own personal basketball and volleyballs; however, the facility is not responsible for theft of these items. • All individuals using the fitness area must be a member or pay the daily fee. Individuals found not paying the daily fee will not be given the option to pay and workout for the remainder of the day. No refunds will be issued. Gym • Respect all Community Center staff, patrons and equipment. • All individuals using the gym must be a member or pay the daily fee. Individuals found not paying the daily fee will not be given the option to pay and play for the remainder of the day. No refunds will be issued. • No food, gum or beverages are allowed in the gym. Water bottles will be permitted. • Fitness members and daily users will not be permitted to bring ball bags, jackets, duffel bags or other personal items into the gym. • No black soled shoes or shoes that mark the floor. No bare feet, sandals or street shoes. • Attire or gestures recognized as a gang representation will be not be allowed. • Dress code must be appropriate. Shorts/Pants must be wom at waist at all times. If individual refuses to bring their shorts/pants to the waist, he/she will be removed from the Eagan Community Center building without a refund. "Skins" will be allowed during organized or full-court games only. • Community Center staff reserves the right to determine all gym use. • Organized or full-court games will only be allowed when the patron attendance is less than 25 players at any one time and/or as designated on the gym schedule. Customers will be asked to leave without a refund if they refuse to break up an organized or full- court game. • No dunking, slamming or hanging on the rims or nets. Community Center Policies February 5, 2003 Page 4 • No running or bouncing balls in the hallways anywhere in the Community Center. • No spitting, rough housing, wrestling or pushing. • No swearing, abusive, inappropriate language or gestures. Individuals showing this type of behavior may be suspended from the facility without refund. One year suspensions and trespassing notices can be issued. • The Eagan Community Center reserves the right to deny admission to anyone who appears to be under the influence of alcohol or a controlled substance. • The Eagan Community Center reserves the right to deny admission to anyone bringing in weapons, devices intended for harmful cause or actions that demonstrate intent to cause harm. • Persons falsifying personal information will be denied the opportunity to participate until one year from the date of the incident. All players and spectators must pay to be in the gym. No spectators are allowed to be on the perimeter of the gym or the track. • "OPEN" refers to ages 10 and above. • "ADULT OPEN" refers to ages 18 and older. • Ages under age 10 are required to be accompanied with an adult over age 18. • Only Photo I.D.'s are accepted in exchange for balls or other equipment. Exchange of a valuable for equipment is not acceptable. • No children are allowed in the gym during adult open time. • We recommend leaving valuables at home. Lockers are available in the locker rooms and hallway near the family changing room. We highly recommend bringing a padlock to secure your belongings. • The patron has a financial obligation to replace balls, equipment or lockers that have been damaged, stolen or lost. • Eagan Community Center is not responsible for items that are lost, stolen or left in the facility. Violators will be asked to leave without a refund when not adhering to the gym rules. Track • The track is available to persons 15 years of age and older. • The track is open to walkers and runners. The track is not to be used by spectators observing gym activities/programs. • No food or beverage allowed on the track. • Individuals walk or run to the right on even numbered days and to the left on odd numbered days. Locker Rooms • The Community Center is not responsible for lost or stolen items. • Please keep clothing and valuables locked in lockers. • No running. • No wet towels on floor. • Children 14 and under are not permitted in the locker rooms unless accompanied by an adult. Community Center Policies February 5, 2003 Page 5 Do not leave items overnight in lockers. Locks left on lockers overnight will be cut. Items will be bagged and retained for 7 days. Bandshell Separate policies Festival Grounds • Parking availability is on a first come first serve basis. • Staff has the authority to reserve parking for designated events. • Any outdoor event, including those where alcohol will be served, is required to have the necessary permitting from the City of Eagan. • Any event using the outdoor grounds, must be scheduled with the rental coordinator. • The Renter/User shall leave the grounds in a clean, orderly fashion, including replacing items that were removed. • The user is responsible for the necessary equipment to hook up to the City's water supply. Community Center Policies February 5, 2003 Page 6