06/17/2014 - City Council Public Works CommitteeAGENDA
PUBLIC WORKS COMMITTEE MEETING
TUESDAY, JUNE 17, 2014
5:15 P.M.
CITY HALL
CONFERENCE ROOMS 1A &B
ADOPT AGENDA
II. TRAIL ON BLACKHAWK ROAD (DIFFLEY ROAD TO HIGHLINE TRAIL)
III. ADJOURNMENT
Public Works Committee Meeting
June 17, 2014
II. TRAIL ON BLACKHAWK ROAD (DIFFLEY ROAD TO HIGHLINE TRAIL)
Direction To Be Considered:
Provide a recommendation to the City Council for the bid award for Contract 14 -13 regarding
the Blackhawk Road trail segment in response to the concerns expressed by the resident at
4300 Blackhawk Road.
Background:
• On May 20, 2014, the City Council considered the plans and specifications for Contract 14-
13 (2014 Trail & Parking Lot Improvements) for the purpose of advertising for a bid opening
to be held on Thursday, June 26, 2014 (the bid date has since been postponed to July 10).
Contract 14 -13 provides for the construction and maintenance overlay of bituminous trails
and parking lots in a number of locations.
• The construction of a new bituminous trail on the east side of Blackhawk Road, south of
Diffley Road from Eagan Pointe Senior Living (currently under construction) to the Highline
Trail, was included as part of the contract.
• At the May 20 Council meeting, a concern about the construction of the trail segment was
expressed by the resident at 4300 Blackhawk Road. The concern stated was regarding the
impact of a trail on the slopes of the existing residential driveways. The resident stated the
grading required for a new trail would make the driveways steeper than desired.
• In response to the resident's concern, the Council authorized the advertising of the contract
for bids with the Blackhawk Road trail segment separated as an alternate bid and directed
staff to schedule a discussion of the Blackhawk Road trail for a future Public Works
Committee meeting.
• As a follow up to the Council direction, a staff review of all of the driveways along the
proposed trail segment was performed. The review indicated that revisions to the slope of
the driveway at 4300 Blackhawk Road would be only slight, well within an acceptable range,
and limited to within the public right -of -way. However, two other residential driveways,
which are already steeper than desirable, would become slightly more steep or require the
acquisition of significant temporary construction easements to maintain the current grades.
• The single family residential properties adjacent to the proposed trail are guided for high -
density residential in the City's Comprehensive Guide Plan.
• The proposed design of the trail does not provide widths for a standard boulevard due to
the topography. As proposed, snow removal and storage could be challenging and may
conflict with winter street maintenance efforts.
• The Eagan Pointe Senior Living development includes the construction of a new trail with
standard boulevard widths along its frontage with Blackhawk Road. Similar trail
construction could be included with future redevelopment of the current single family
residential properties as high- density residential.
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Public Works Committee Meeting
June 17, 2014
Options:
• Include the Alternate Bid for the Blackhawk Road trail segment as part of the Contract 14-
13 bid award consideration on July 15, 2014.
• Remove the Alternate Bid for the Blackhawl< Road trail segment as part of the Contract 14-
13 bid award consideration on July 15, 2014.
Attachments: (3)
• May 20, 2014 City Council Meeting Minutes, pages `t thru Co
• Resident Letter, pages I thru 1� .
• Existing Driveway Cross - Sections, To Be Distributed at Meeting.
5
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
MAY 20, 2014
A Listening Session was held at 6 :00 p,m. prior to the regular City Council meeting. Present were Mayor
Maguire and Councilmembers BaMen, Fields, Hansen and Tilley.
A regular meeting of the Eagan City Council was held on Tuesday, May 20, 2014 at 6,30 p,m. at the
Eagan Municipal Center, Present were Mayor Maguire, Councilmembers Bakken, Fieids, Hansen and
Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of
Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Director of
Parks & Recreation Johnson, Deputy Chief Johnson, Fire Chief Scott, and Executive Assistant Stevenson.
AGENDA
Councilmember Bakken moved, COUnCllmember Fields seconded a motion to approve the agenda as
presented. Aye :5 Nay :0
RECOGNITIONS AND PRESENTATION
Director of Public Works Matthys recognized and presented a plaque to Craig Jensen, Streets
Maintenance Worker, for his more than 30 years of service to the City of Eagan, Mr. Jensen thanked the
City for the opportunity to serve. The City Council thanked Mr. Jensen for his service to the City.
CONSENT AGENDA
Mayor Maguire pulled Item P. for separate action and discussion.
Councllmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent
Agenda as presented: Aye :5 Nay. 0
A. It was recommended to approve the minutes of May S, 2014 regular City Council
meeting.
B. Personnel Items
1. It was recommended to approve the hiring of Nathan Voye, FT Firefighter with Eagan
Fire Department,
2. It was recommended to approve the hiring of the Central Maintenance Facility PT
Clerical Technician IV "to be named".
3. it was recommended to approve the hiring of Robin Pollard, Temporary Clerical
Technician In Community Development.
4, it was recommended to accept the resignation of Police Officer Scott Heath and
authorize hiring his replacement.
5. It was recommended to approve the hiring of Seasonal Employees in Parks &
Recreation.
C. It was recommended to approve check registers dated May 2, and May 9, 20x4.
D. It was recommended to award a contract for refurbishment of a Fire Support Truck, award a
contract to replace an existing fire engine and authorize the sale of the-existing fire engine.
City Council Meeting Minutes
May 20, 2014
2 page
F.. It was recommended to approve a resolution to accept a donation of $1000 from the Pagan
Rotary Club for -the Fire Department and Police Department and authorize the necessary
budget adjustments.
F. It was recommended to schedule a Public Hearing on June 17, 2014 to consider an
amendment to the City of Fagan Business Assistance Policy regarding the use of Tax
Abatement for specific purposes.
G. It was recommended to schedule a Public i-learing on June 17, 2014 to consider approval of
public financing assistance to Databank LLC for the development of a colocation data center
at 3255 Nell .Armstrong Boulevard, including an application for a Minnesota Department of
'Employment and Economic Development Minnesota Investment Fund forgivable loan and a
Tax Abatement District for the City portion of new property taxes generated by investments
associated with the project.
H. Item was removed.
I. It was recommended to approve an amendment to the resolution vacating .a public ponding
easement located on property in the East %z of the West % of Section .10, Township 27,
Range 23, now described as the LeMay Lake Family Townhomes Addition (aka Lakeshore
Townhomes), and authorize the Mayor and City Clerk to execute all related documents.
J. It was recommended to receive the petition to vacate a portion of a public drainage and
utility easement on Lot 21, Block 1, Fawn Ridge, and schedule a Public Hearing to be held on
June 3.7, 2014,
K. It was recommended to cancel the July 8, 2014 Special City- Council meeting.
L. It was recommended to approve an off -sale liquor license for Keltic Kowboy, LLC doing
business as Black Diamond Liquors located at 525 Diffley Road.
M. it was recommended to direct the City Attorney's office to prepare an ordinance
amendment to City Code Chapter 10,43 relative to false alarm regulations.
N. It was recommended to approve a temporary on -sale 3.2 percent malt liquor (beer) license
and waive the license fee for All Saints Lutheran Church's Community Gathering on June 4,
2014 at 3810 Lexington Avenue South,
0. It was recommended to approve naming the new neighborhood park in the Cedar Grove
area Bridgeview Park, and Indicate such on associated literature and signage,
P. It was recommended to approve the plans and -specifications for Contract 14 -13 (2014 Trail
& Parking Lot Improvements) and authorize the advertisement for a bid opening to be held
at 10 :30 a.m. on Thursday, June 26, 2014,
Mayor Maguire noted Item P. addresses the plans and specifications for Contract 14 -13 (2014 Trail &
Parking Lost Improvements) and the advertisement for a bid opening to be held at 10:30 a.m, on
Thursday, June 26, 2014. Director of Public Works Matthys provided more content on the contract
details and Information on an 8 -foot wide bituminous trail scheduled to be Installed on the east side of
Blackhawk, Road, from Diffley Road to the Highline Trail, as part of contract 1413.
Ron Staeheli, 4300 Blackhawk Road, addressed the Council with his concerns regarding placement of the
trail and grade of his driveway and that of his neighbor's, Iona Kruger, 4290 Blackhawk Road, who asked
Mr. Staeheli to advocate for her too.
Director of Public Works Matthys responded to Mr. Staehell's concerns.
City Council Meeting Minutes
May 20, 2014
3 page
After further discussion it was the consensus of the City Council to address the proposed trail on the
east side of Blackhawk Road at a future Public Works Committee meeting while proceeding with the
2014 Trail & Parking lot improvements.
Councilmember Fields moved, Councilmember Hansen seconded a motion to adoptdtem P. on the
agenda as presented and include the trail on Blackhawk Road as an alternate bid. Aye: 5 Nay: 0
Cauncllmem'ber Fields moved, Councilmember Tilley seconded a motion to direct staff to schedule the
trail on Blackhawk Road, from the 2014 Trail & Parking Lot Improvements, to a future Public Works
Committee meeting. Aye: 5 Nay: 0
PUBLIC HEARINGS
VARIANCE — TANYA' &ALAN I <UZNAR,.1374 MERRY RIDGE ROAD
City Administrator Osberg noted the .Council will be asked to consider a variance in the Berry Ridge
Addition which was platted in 1989 and the house constructed in 1990. Osberg noted the lot is
12,010 s.f. in area, and Is a corner lot. City Planner Ridley gave a staff report,
Alan & Tanya Kumar were present and available for questions.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Variance of 12'
to the minimum structure setback of 30' from a public right -of -way for construction of a garage addition
,upon property located at 1374 Berry Ridge Road, subject to the following conditions: Aye: 5 Nay: 0
1. If within one year after approval, the variance shall not have been completed or utilized, it shall
become null and void unless a petition for.extenslon has been.granted by the Council, Such
extension shall be requested in writing at least 30 days before expiration and shall state facts
showing a.good faith attempt to complete or utilize the use permitted in the variance.
2. A Building Permit shall be obtained prior to commencing construction.
3. The existing shed shall be removed from the property prior to issuance of building permit.
4. The exterior materials of the proposed garage addition shall match the existing structure.
VARIANCE — 'HERREGAN DISTRIBUTION
City Administrator Osberg noted the Council will be asked to consider a varlance of 7.5% to the
maximum allowed building lot coverage which is currently at 35% to allow construction of a 16,000
SF building addition on property located at 3695 Kennebec Drive. City Planner Ridley gave a staff
report.
The applicant and property owner were present and available for questions.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
I!1
May 27, 2014
Russ Matthys, City Engineer, Public Works Director
Arron Nelson, Assistant Engineer.
City Council Public Works Committee
Eagan City Hall
Eagan, MN 55123
Re: Blackhawk Rd Trail Construction
Impacts to 4276, 4290 and 4300 Blackhawk Rd.
This letter is to discuss and prepare for the Public Works Committee Meeting that
is proposed for the above mentioned project. We are united in our opposition to
this project.
It is my understanding that the reason that a trail has not already been built is that
the city did not have an easement on the north end of the trail due to a retaining
wall/grading issue and the city would have needed an easement on to private
property to complete the project. An easement that was denied to the city by the
private property owner. The assumption is the only impediment to that project was
removed with the permission of the new property owners on the north end near
Diffley and Blackhawk building the nursing home.
There were a total of 4 grading /easement issues and three remain.
After a survey of the homes and driveways at 4276, 4290 and 4300 Blackhawk Rd
the following conditions would exist with improvements to city land only.
4300 Blackhawk Rd
Total rise from street to a point 27'(depth of city easement) from curb = 2.42 feet
Area that would have to be leveled for walkway = 15' (Aaron Nelson's letter of
May 14)
27' — 15' = 13 feet (Distance to achieve rise) 2.42' rise/ 13 foot run = 18.6%
grade.
I
4290 Blackhawk Rd
Total rise from street to a point 31' (depth of city easement) from curb = 4.458
feet
Area that would have to be leveled for walkway = 15' (Aaron Nelson's letter of
May 14)
31' - 15' = 16 feet (Distance to achieve rise) 4.458' rise / 16 foot run = 27.9%
grade.
4276 Blackhawk
Total rise from street to a point 27' (depth of city easement) from curb = 3.79 feet
Area that would have to be leveled for walkway = 15' (Aaron Nelson's letter of
May 14)
27' — 15' = 13 feet (Distance to achieve rise) 3.79 rise / 13 foot run = 29% grade.
City code allows for a maximum 10% grade on residential driveways [Eagan City
Code Chapter 11.70 Subd. 3 (f)] It further requires a level parking area in front of
garages for parking.
I can not believe that a Minnesota District Court would allow these grades to be
forced upon a neighboring property owner, even if the perpetrator is the city and
the City Engineer accents to the deviation.
If the property owners were disposed to allowing an easement and construction on
their land, which I assure you they are not, and maintaining the required level
parking area [Eagan City Code Chapter 11.70 Subd. 3 (f)] the following
conditions would exist;
4276 Blackhawk Rd To garage from inside curb = 67'
Level area for trail = 15'
Level area for parking = 20'
Distance to achieve rise 32'
Total rise 7.67'
Grade 7.67 / 32 = 23% with total property owner cooperation.
IS
4290 Blackhawk Rd To garage from inside curb = 87'
Level area for trail = 15'
Level area for parking = 20'
Distance to achieve rise 52'
Total rise 10.25'
Grade 10.25 / 52 = 19.7% with total property owner cooperation.
4300 Blackhawk Rd To garage from inside curb = 86'
Level area for trail = 15'
Level area for parking = 20'
Distance to achieve rise 51'
Total rise 4.79'
Grade 4.79' / 51' = 9.4% with total property owner cooperation.
If the city acquired the agreement of all three property owners, tearing up our
driveways, re -grade our lawns and sprinkling some grass seed, the grade on the
resulting driveways would be double the city code on two and barely make the
code on the third.
The resulting grades would make the driveways un- usable in the winter, cause real
mobility issues for the elderly (Iona Kruger at 4290 Blackhawk is a 40 year
resident who is 83 years old and still gets her own mail) A 10% grade is very
steep, these driveways would be twice that causing cars, people and children to be
rolling un- controllably into traffic.
All to provide a trail that is redundant, un- necessary and a waste of money. There
is a very underutilized trail that connects the Highline Trail and all other city trails
just across the street along with 10' bike lanes on both sides of the street.
The thing that was blocking the trail has not been solved, '/a of your issues have
been solved. Again I assure you we are united in our opposition to this project so
nibbling at the edges of these figures (12' trail, 2% grade for trail, etc) will not get
you into compliance of your own laws and we are not allowing changes to our
land.
The best course of action will be to wait until someone wants to buy and raze all
four properties to develop for high density. Please contact me about the planned
meetings for this project if you decide to move forward considering these
conditions.
Ronald Staeheli
4300 Blackhawk Rd
Eagan, MN 55122