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05/04/1999 - City Council Regular AGENDA EAGAN CITY COUNCIL-REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING MAY 4,1999 6:30 P.M. I. ROLL CALL&PLEDGE OF ALLEGIANCE II. ADOPT AGENDA&APPROVAL OF MINUTES(BLUE) III. VISITORS TO BE HEARD(10 MINUTE TOTAL TIME LIMTI) IV. DEPARTMENT HEAD BUSINESS (BLUE) A. YOUTH SUMMIT teen presentation V. CONSENT AGENDA(PINK) A. PERSONNEL ITEMS 17 B. CONSIDER Airport Relations Commission letter reasserting Eagan's corridor commitment �Q C. APRC RECOMMENDATION,shared parking United Methodist Church&City of Eagan D. ON-SALE liquor license name change from DF&R Operating Company to Don Pablo's I' Operating Corp. E. FINAL PLAT,Transport 21,Inc.,Seven Eight Nine Addition pF. PROCLAMATION observing Pause for the Pledge of Allegiance on June 14 at 6:00 p.m. / a G. PROJECT 770,receive feasibility report/schedule public hearing(Denmark Avenue Extension- Street&Utility Improvements) y�a 3 H. CONTRACT 99-02,receive bids/award contract (Meadowland,Ridge View,Surrey Heights- �•J"� Street Overlay) A PROJECT 766,receive feasibility report/schedule public hearing(Wescott Rd. and Lexington Ave. -Signalization) P a(PJ. PROJECT 668,Traffic Control Signal Agreement (Lone Oak Road-Street&Utility Improvements) P 9L'7 K. EASEMENT VACATION,Lot 6&3,Block 1,Great Oaks Addition VI. 7:00-PUBLIC HEARINGS (SALMON) PA. CERTIFICATION of delinquent utilities P B. CERTIFICATION of delinquent weed and false alarm bills PC. CONSIDER Interim Ordinance(Moratorium)Cedar Avenue/Highway 13 Study Area P D. PROJECT 765,Robin Lane(Sidewalk Improvements) PROJECT 663, Final Assessment Hearing(Valley View Plateau-Street&Utility Improvements) PF. PROJECT 749,East TH 55 South Frontage Road (Street Improvements) continuation 1� VII. OLD BUSINESS (ORCHID) fM A. TREE contractor license renewal,Outdoor Specialties,560 Lone Oak Road njg5'B. INTERIM USE PERMIT-Wayzata Bay Center Company,to allow Dakota County Technical College a 6,100 S.F. customized training department in the Cedarvale Mall,located at 3920-3988 Sibley Memorial Highway in the NE 1/4 of Section 12 piy 7C. VARIANCE,Vision Technologies,Inc.,to the building setback from public right-of-way,located at 3900 Sibley Memorial Highway in the NE 1/4 of Section 19 VIII. NEW BUSINESS (TAN) P 159 A. SUBDIVISION-Kwik Trip, Inc. Eagan Addition, to subdivide one lot into one lot and two outlots,located on the west side of T.H. 149,south of Stark's Restaurant in the NW 1/4 of Section 12 P/83 B. REZONING-Pulte Homes of MN Corp.,of five acres(an exception from the Oakbrooke Subdivision) from A(Agriculture)to PD(Planned Development)and a WAIVER OF SUBDIVISION to split the five acres into a 1.5 acre lot and a 3.5 acre outlot,located at 1620 /A Deerwood Drive in the SW 1/4 of Section 21 (9 r C. INTERIM USE PERMIT-Kohl's Department Stores,Inc.,to allow temporary outside storage containers on Lot 1,Block 1,Town Centre 70 Fifteenth Addition,located at 1350 Town Centre Drive in the NW 1/4 of Section 15 IX. LEGISLATIVE,/INTIMGOVERNMENTAL AFFAIRS UPDATE(GREY) X. ADMINISTRATIVE AGENDA(GREEN) 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. Updated 4/30/99-10:45 a.m. r :-MV UTES OF TIS SPECIAL MEETII\7:C�,'�,OF THE EAQ;A-N CITY COUNCIL Ell. i I, MINNK$0 A APYtY '6;1999 A Special City Council meeting:was:held on Tuesday, April 6, 1999,in the Council Chambers of the Eagan Municipal GttS : ktiE?t� Q:rn, Those present were Mayor Awada and City Councilmembers Bakken;BIi3ijuiSf; tistin and Masi. Also present were Director of Public Works Colbert, Director of:Mince VaiiQverbeke, City Engineer Matthys, Streets Superintendent Erhart, Public Works CMdinator;$t.qive, Director of Parks and Recreation Vraa and City Administr4.QK kledg&.*: AGENDA AI3t71Es'T`ION In a motion by Councilmember Carlson, seconded by Councilmember Bakken, with all members voting in favor the agenda for the April 6, 1999, Special City Council meeting was adopted. VI 91 f'Q;$E HEARD There were no visitors to be heart,:. ' STREET RECOi; 1Ef1ON/OVERLAY POLICY City Administrator Hedges provided an overview and background on a special study that was directed by the City Council at a meeting on February 2,to research and address specific questions in regard to the City's street assessment policy. He further stated that staff was directed to prepare answers to five specific questions agreed upon by the City Council after considerable discussion on the various issues relatA:#o:spe2c1 $ar }ts. In addition,the City Administrator commented that thediscussed ideas for funding road repair including reconstruction, overlays and recycling prc�ects. That report was also completed and included for City Council review. Public Works Director Colbert provid'e'd"detail onggch of the questions that were directed by the City Council at the special council workshop on February 9. Mr. Colbert provided background on the difference between special assessment and non-assessed project costs stating that there are other costs associated with special assessment improvement projects such as administrative costs, interest, bonding, legal fees, county recording fee and with some projects appraisals. The Director of Public Works further comm6h.. :l on the second question relating to the number of miles for private streets stating that in 19"ere are about eighteen miles of private streets. He further commen ad pR axwt versus tax impacts by referencing a table showing the tax impact on vai WeZ pr%a ;$100,000 of additional tax levy and what the impact would be if an additional $800,OOb*were to be raised each year to replace the current special assessment revenue for the street rehabil ton program. Mr. Colbert stated that the burden for commercial/industrial property tax is grea#a than residential if the tax levy is to pay for street reconstruction. He also noted that commerciaUindustrial property pays 100 percent of street rehabilitation costs under the current assessment policy, so it is difficult to determine which would be the greater burden. Special City Council Meeting Mir t ,s April 6, 1999 Page 2 Mr. Colbert also commented a§'related to townhome versus single family assessment ratio stating that singti: ' jiftic rates are higher due to the greater number of trips per weekday generated on an'a't%6fage by these zoning categories. Referring to the study, he stated that the average number of trips per week day for single family/duplex units are 9.55, while condominium/townhome average number of trips are 5.86 and apartments are 6.4. thereby, creating a premise for the reduced rate for town home and condominium dwelling for street reconstruction. Mr. Colbert co eAk l: ::�,t ikl:*estion relating to surveying other communities, stating that there is agi `dt'variai > : s�ttigiti�:oities finance their overlay or street reconstruction projects. He gave examples th0:rebttage dp*re bases their assessment rating in direct proportion to the market value of each individual pKpVcrty, while other cities have a fixed and predetermined policy for their special amaftent coA*. Director of Public Works Cctlbert'also provi'e *h'*matrix of nineteen street rehabilitation public improvements that have been assessed over the past six years stating that the assessment revenue associated with street rehabilitation since the policy has been in affect in 1993 totaling $4.5 million. City Councilmember Masirl W-.W..About information on the differing assessment policies for roadway reconstruction giving tbe'oif�W:,.Q€Lakeville. She also asked for clarification on how cities estimate the average percentage''ofob6s e&Iori projects recovered through assessments which varied from 25 percent ifl Minnea064s.:tV.70 percent in Brooklyn Park. City Councilmember Blomquist asked if the ayaiage..perci;i t-a:of construction projects category took into consideration curbs and other imprpyoitS :: Sl1e questioned the total of costs for special assessments versus non-assessed proj�af:coSt§'suggesting that principal and interest and other expenses should be included in the ifddy. City Councilmember Blomquist stated that it would take less staff time to levy for costs associated with street reconstruction overlays as opposed to all the requirements for implementing the street assessment policy. City Councilmember Bakken:a5kad.fcot;:fiuther.explanation on whether cities have had assessment appeals. Public Works;f of . itQF: _'*0**fU68 that many cities have not experienced any appeals. Mayor Awada stated.that Eagan has had three (3) appeals in six years, all from the Oak Chase neighborhood. City Councilmember Carlson questiorit't#=if the$%00 listed as administrative costs is a cost savings if special assessments are not levied and, fust?r,asked for staff explanation on cities whose costs are based on a predetermined rate adjusted annually. She further asked for more information on the predetermined base rates and how do the cities of Burnsville, Plymouth and Maple Grove arrive at the flat rate. Mayor Awada asked when the second wave of diettlays would occur,at which Director of Public Works Colbert stated the zea> ysted;srheduk.1or.Cedar Grove has been extended to approximately 2005. Mayor Awadi:" -1h, : it*- revious practice of noticing residents of pending assessments based on the a's'sessment polwy'1`or reconstruction stating that appraisals seldom allow for that amount to be assessed. She f irth*ci$nmented that this practice misleads . homeowners and she would prefer to represent a more aNigate amount when the original notice is sent to property owners receiving a special assessment notice. Director of Public Works Colbert stated that a fixed amount could be established which would eliminate this issue. Mayor Special City Council Meeting Minutes..::::::::•. :::::::�.: April 6, 1999 Page 3 .... .... ..... Awada suggested that the appraisal cottli<l project is authorized to determine a cap amount. City Councilmember Blomquist stated that other than Champlin, Eagan is the only city in the eighteen city report that requires appraisals and if this practice is to continue,the public should be able to see the appraisals. City Councilmember Carlson stated that it would be helpful to review the list of street reconstructSRi3:�o; t gk under the City's current policy. Director of Public Works Colbert staf (5)year C.I.P.,there are no additional reconstruction projects planned bey6 those tl�council has already considered this year. City Councilmember Carlsoij P"*Vaf>- f:i?'saK�*spend the amount of time on revising the policy if there are no str6els`planned fomoonstruction in the foreseeable future. Mayor Awada stated that since the policy has worked for the past eight to nine years, it is her opinion that the City can continue with the current policy, but when the second round of overlays occurs in four to five years,a new policy should be given consideration at that time. City Councilmember Carlson stated that she would prefer to keep the policy as is with some small changes and consider a new policy il:�a.�uture. City Councilmember Bakken agreed with City Councilmember Carlson stating thaf*rf*:iutitiltl7I.b4 fair to the community to make any changes to the policy at this time. City Councilmember-M":. ed for clarification about the City's responsibility to repair streets. Director o gubhc Wofk$.Co}bert gave the history of Rahn Road and the limited liability and responsibility_13ieit3j;�# gi :'a 10h the condition of roadways before improvements are authorized by the Citi. Qtii<ii4 Mayor Awada summarized the discussion stating that there appears to be a consensus of the City Council to continue with the current policy for street reconstruction/overlays with the understanding that there will be a pre-project appraisal for the last street reconstruction projects. She also asked for additional information on blended rates and would like additional information for consideration of the predetermined-1 44.d*4tgd.4nnually as to how costs are determined in Burnsville, Plymouth and Maple G t:O�ijd#ricin by the City Council. Mayor Awada further suggested that refinement to thc•gxistinpglicy and answers to questions raised by the City Council be further addressed at a futur ayork ses3ipD on the street reconstruction policy. Mayor Awada addressed Larry Popplei-Who coraftited that he believes the City and property owners would benefit if smaller projects were iriirQed in larger construction projects. He further suggested more consistency in project costs and raised a question as to why can't Oak Chase'Road and Wilderness Run Road improvements be given a blended rate and would like that example to be considered when the Council further reviews the policy. City Councilmembers commended staff on an e"ent report. City Administrator Hedges stated that City staffMi.,e had several meetings in recent weeks with the owners of Skyline Displays, Inc. regardiQ:8 proposal to develop Discovery Park. located adjacent to Skyline Displays at the intersection of Lexington and Yankee Doodle Road, for public use on their property. He further stated that there have been meetings held with the subcommittee of the Rotary Club to further consider their plans to participate in the funding of a Special City Council Meeting Minutes April 6, 1999 Page 4 ..... .... ..... band shell to be located in Discovery' k.;;Director of.-3?tips and Recreation Vraa reviewed some of the points that would need to bi :W"r@$S�d:2i3 #egal agreement if the City and Rotary Club and others are to invest in the park. Tlrcpi'i3perfywould continue to be owned by Skyline Displays until it is gifted to the City at some future date. Director of Parks and Recreation Vraa further reviewed the plan for Discovery Park. City Councilmember Masin asked questions about liability and if Skyline Displays can continue to own the property and how does this differ from the Caponi Art Park? Director of PaA1:Wd:K4%.m V.—stated that the difference is that Skyline Displays intends to dedicate. xaOVM :If%: i�*-.jty in the future at no cost. City Councilmember Carlson asked how the park v l.:be devef`� d until it is turned over to the City. YXY Director of Parks and Recreation Vraa stated tbat it is the intention of Skyline Displays to use their employees for park development. X . "> City Councilmember Bakke***' that h :ii:siipport of the plan for Discovery Park with the understanding that the City enter into a legal agreement providing protection for any investment and that the property will be dedicated to the City in a period of time no longer than fifteen(15) years. City Councilmember Blomquist also suggested that some property be retained for setback due to its location at the intersection of Lexington and Yankee Doodle Road. Mayor Awada thanked the Director of Parr;and;Recreation and City Administrator for the update on Discovery Park and stated that there' ji;:bo:be a consensus to proceed with the legal negotiations necessary to work on a public/Pffi'it91iQuship with Skyline Displays to develop Discovery Park with the understanding thdtahe prop6rfy'Nvill be dedicated to the City at some future date under an agreed legal docum4i : E BUSINESS There being no further business, the meeting was adjourned at 6:00 p.m. TLH Date :..:city Administrator MINUTES O A REG.C?LA .1.VEETING OF THE �:fi�agaii;•1�Iiiiiieso�:; ... April 20,1999 A regular meeting of the Eagan*:.council was li ion Tuesday, April 20, 1999 at 6:30 p.nn. at the Eagan Municipal Center. Present were'3i AwAa Councilmembers Masin, Blomquist, Carlson and Bakken. Also present were City'At��Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert,and City Attorney Jim Sheldon. ......................... ......................... AGENDA ........................ ......................... Mayor Awada noted that the A,';;';`'ly. vel f s 4;:w uld be considered as Item 1V. A, following Department Head Business. Councilmember Bakken moved, CoundL"ber M seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 Wil' ..Or:THE!;AP IUC.9.99 I.E�GULAIt�IIrE��NG Councilmember Blomquist moved, Councilmember Carlson seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 ��'+(3��TO 81E1 HEARD Danielle Gebhart, Karie Jorgenson, Kirsten' Jtirgk'3o-ii and Katey Munson were present. Ms. Munson provided an update on the Eagan F*ver Greeff t am and thanked the City Council for their participation. Mayor Awada noted 1ha .ed5y.i% riltpfi by Ms. Munson served as the impetus for this program. Jill Wiedemann-West, 600 Lone Oak Road, commented on Consent Agenda Item D, Tree contractor license renewal, Outdoor Specialties, 560 Lone Oak Road, and said that the drainage from this business has been adversely impacting drainage on her property. She added that the City has been apprised of this situation for the past two years and requested the Council re-consider the license request if drainage continues to be a prob3Y1; ADMINNT,... A T� I7 1 CONSIDER FINANCIAL PARTICIPATION IEASIBI : STUDY FOR PROPOSED MULTI- SPORT Afft TRUC. E City Administrator Hedges provided an overview on this item. Councilmember Masin asked if this information had been presented to the Advisory Parks Commission for review. She also questioned if the Park Department and the APrC have identified this type of facility as part of the Park Master Plan. City Administrator Hedges stated that this item has r f$een to the APrC for formal recommendation. He further stated that a gymnasium is ori. the goals of the APrC since they have identified a shortage of gymnasium Councilmember Blomquist moveouncilriieinber Bakken seconded a motion to approve participating financially in a feasibility study for the develQpS�nt of a multi-sport air Structure on the EHS/Dakota Hills Middle School Campus, subject to an of"ative action taken by School District 196 to participate financially in the feasibility study. f EAGAN CITY COUNCIL MEETING MINUTES;APRIL 20,1999 PAGE Councilmember Blomquist ingt}r d about the potentia7location for this facility. City Administrator Hedges said that the local"that was discuss is on the north side of Dakota Hills Middle School. Mayor Awada stated tha:0w'.*#pcA4on k 4*4wk'been officially determined at this time and further stated that the feasibility study'Wi : i £ ;gbfential locations. A vote was taken on the motion. Aye: 5 Nay: 0 Councilmember Masin moved, Councilmember Blomquist seconded a motion to direct this item to the APrC for their review and recomiQitasaix Councilmember Blomquist said she woulg-&e the i t►cil to meet with the School Board and the APrC to further discuss this request and add that the meeting should be televised on cable. Councilmember Masin added that the Council. ;t!,-.to knofi* 'this request fits with the APrC's goals. A vote was taken on the motion. Aye: 5 Nay:':6 SCHEDULE SPECIAL CITY COUNCIL MEETINGS/APRIL 27&MAY 4 City Administrator Hedges provided an overview on this item. Councilmember Masin moved;torier Bakken seconded a motion to schedule Special City Council meetings for April 27 and May 4'af 4:3f}pfli::::A.ye: 5 Nay: 0 Ei R` Councilmember Bakken movec ? icificitmember Carlson seconded a motion to separate Item D, Tree contractor license renewal, Outdoi i Specialties, 560 Lone Oak Road, from the Consent Agenda. Aye: 5 Nay: 0 A. Personnel Items Item 1. It was recommended to appr ...... .. 1ert as the Assistant Facility Manager for Cascade Bay. Item 2. It was recommended to approve the hirii*:6f Aliso 7Doering as the Lifeguard Manager for Cascade Bay. .... Item 3. It was recommended to approve the hiring of Amanda C.York as a Lifeguard Shift Leader for Cascade Bay. Item 4. It was recommended to approve the hiring of Bridget-.•L •L•ove, Maya Schwartz and Nacole VanThomme as lifeguards for Cascade Bay. Item 5. It was recommended to approiie tiz¢tnston and Kevin Weber as operations/maintenance workers for GisCde 13 +:' Item 6. It was recommended to approve the hiring of Nic6#e.8rady, Nicole Gundacker, Ashley Kjos, Matt Overhaus and Eve St. Peter as guest service workers for'Cascade Bay. Item 7. It was recommended to approve the hiring of Lacey Kotval,Jeannie Knoedler, Dale Skogstad and Mallory Wessel as concession workers for Cascade Bay. Item 8. It was recommended to approve the hiring of Colleen Mathiason as a seasonal Preschool Program Instructor. r EAGAN CITY COUNCIL MEETING MINUTES;APRIL 20,199..•, PAGE 3 Item 9. It was recommended to approve:46�- dring of Andr.eWt,eecher,Julie Beecher, Deborah Buntjer, Karen Butler, Marti Vuyck, Holly Confer,' e :pge>i ora Flueger and Christie Mason as X. concession workers for Northview. Item 10. It was recommended to approve the hiring of Shannon Haugh and Christie Mason as seasonal recreation leaders. Item 11. It was recommended to appro :)jjijtgo :$@yiic rson as a seasonal streets maintenance worker. Item 12. It was recommended to approve the hiris Lego*:Bother as a seasonal parks maintenance worker. Item 13. It was recommended to approve ttie hiring or'G'tetchen Ferris as a seasonal park attendant. Item 14. It was recommended to approve the hiring of Paul Whisenand as a seasonal ballfield attendant. Item 15. It was recommended to approve the reclassification of the part-time Accounts Payable position from Clerical II to Clerical III. ' Item 16. It was recommended to accept the lettet'N'-# patron from Jacqueline Snortheim, a part-tinge Clerical Tech III in Community Developmenti:::: Item 17. It was recommended to accept the•:1�ktQrof:*rssigiiation from John LeMeiux, a streets maintenance worker. B. Set Saturday, May 8 at 10:00 a.m., Eagan Maintenance Facility, 3501 Coachman Point as the date and location for the 1999 City auction and declare bicycles, unclaimed property and miscellaneous City property to be surplus. It was recommended to schedule the Eagan City Auction for 10:00 a.m. on Saturday, May 8, 1999, at the Eagan Maifiteru e•F.acility,;3501 Coachman Point and to declare items, including bicycles,unclaimed propert}t;at c.si ie ;Zkit.y- roperty, to be surplus eligible for sale. C. Approve Third Assignment and Consent AgreGi**ent and- bordination Agreement Eagan Business Commons,.LLC. It was recommended tq:4 prove j�B;Third Assignment and Consent Agreement and the Subordination Agreement relk'Wa to Lot-j;;'Flock 1, Eagan Business Commons 2n1 Addition. D. Tree contractor license renewal, Outdoor Specialties,560 Lone Oak Road. This item was pulled from the Consent Agenda. E. Exemption from lawful gambling,Valley Viewers 4-H CQto conduct bingo lulu 2-4 1999 at Sky Hill Park. It was recommended to approve a resolution prod?ding for an exemption from the lawful gambling license requirement for the Vie: �W-N": :to conduct bingo July 2 through July 4, 1999 at Sky Hill Park in conjunction wiffi' 'b ration. F. Contract 99-07, approve plans &specs/order ad for bids:' fari Reservoir- Refurbish &Repaint) It was recommended to approve the plans for Contract 99-07(Safari Reservoir-Refurbish and Repaint) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, May 27, 1999. G. Commercial fertilizer applicator license renewal, Land Care USA (formerly Showcase Landscape) 357 Ulysses St. N.E., Minneapolis. It was recommended to approve a commercial fertilizer applicator license renewal for Land Care USA as presented. EAGAN CITY COUNCIL MEETING MINUTES;AP�1,Z0, 1999..........::. PAGE H. Project 717R,receive final assessment.-roll/order public hearing(Country Home Heights-Street Improvements). It was recommended tq-�er•�eive the Final Ajj$ sment Roll for Project 717R(Country Home Heights-Street Improvements)anelc} efearing to be held on May 18, 1999. I. Resolution, Arbor Day. It was recommended to approve the Arbor Day Resolution setting Saturday, May 1 as Arbor Day and May, 1999 as Arbor Month in the City of Eagan. Councilmember Blomquist moved,Cguncilmember Masin seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 Mayor Awada acknowledged the item th"as sepaibed from the consent agenda. In regard to Item D,Tree contractor lice* renewal :outdoor Specialties, 560 Lone Oak Road, Councilmember Bakken stated that he wtfi3ce aicg: iation about the drainage problems being created on the property located at 600 I,one-0ak Roac('a's''ii'result of this business's operations. Councilmember Bakken moved, Councilmember Carlson seconded a motion to continue the tree contractor license renewal for Outdoor Specialties to the May 4, 1999 City Council meeting. Aye: 5 Nay: 0 LEGISVERNMENTAL AFFAIRS Mayor Awada referenced a letter the;Councu received-from the Ramsey County Regional Railroad Authority. Councilmember Masin 04ted.thg1:*;i#t66r was inappropriate and parochial. She further stated that any pilot project,regardleloitioriwould be beneficial. Mayor Awada added that Dakota County should consider seJulitg:oizf a similar letter. Councilmember Blomquist suggested a letter be written providing information on the City's position in regard to light rail. Councilmember Masin said that a letter countering Ramsey County's plea should be sent by the City of Eagan. Councilmember Bakken said that the City should speak out on this issue but should not be too critical. Mayor Awada stated that the East Metro has indicated that they will not support LRT in Minneapolis if they are not also given consideration. C ounr.....j2�Iher.8AIkX;n suggested the City should request the East Metro not jeopardize the future ot:j ii i mi2fi i At area. Councilmember Blomquist said that the letter should express the Council's support.of fhe core alignment for LRT,but should also suggest that all counties be included in considera�6 for fut�t*'e funding. Councilmember Masin added that it should also be noted that Dakota County fees stronglykbout LRT and it should be emphasized that any project will benefit the region and the staff:: Councilmember Bakken suggested that each Councilmember contact City Administrator Hedges with their input allowing staff an opportunity to prepare a draft letter for review by the Council. Mayor Awada said that the letter should be sent within the next week to Ramsey County and all legislators. Councilmember Masin stated that a letter shoulf�.O so be sent to the MVTA and the STA. Councilmember Masin mentioned that a letter writEeri'by her will appear in the editorial section of the local newspapers regarding the ll }'.' Q4*oR 02+ egislative issues. She encouraged residents of Eagan to contact local legi§7att�i's f i' ypi�es§' upport of repealing the sales tax to cities and also to indicate their support of the state's development-34 a first-class transportation multi-modal system in the area. _ _ _ _ _ _ ................................................... .................................................. �'�1 IX. EARINGS ................................................... VARIANCE,ROBERT ROL (1639 NORWOOD DRIVE) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. EAGAN CITY COUNCIL MEETING MINUTES;APRIL 20,1999 PAGE 5 Councilmember Carlson moved,�•,•�'. ncilmember Bs&'fn seconded a motion to approve a .Variance of 3 feet to the required ten foot*'i'**arJ rfxom asttcjir46t line for 1639 Norwood Drive,legally described as Lot 7, Block 2, Brittany Additiotc$o e GVW 1/4 of Section 32 subject to the following conditions: 1. The applicant shall obtain a building permit prior to beginning any construction. 2. If within one year after i#'tstfi}�:t#i ;i. icsiall not have been completed or utilized, it shall become null and'vola ditli;'ss 'p i4i6 :t r extension has been granted by the Council. Such extension shall be lkoested ii*X**6 riting at least 30 days before expiration and shall state facts showing a go&Afaith attempt to complete or utilize the use permitted in the variance. Mayor Awada opened the publicffiearing to aiipitiie'wishing to speak. There being no one, she closed the public hearing and turned the discussion back to the Council. A vote was taken on the motion. Aye: 5 Nay: 0 PROJECT 734,FINAL ASSESSMM.T.-.KI;,ARING,TOWN CENTRE DRIVE 100(SIDEWALK) City Administrator Hedges provided",*-*i�iervl ;on this item. Director of Public Works Colbert gave a staff report. X. Councilmember Bakken moved, Cati> seconded a motion to approve the Final Assessment Roll for Project 734(Tit : enfre 100 Additions -Sidewalk Improvements)and authorize its certification to Dakota Coiiity for collection. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one else wishing to speak, she closed the public hearing and turned the discussion back to the Council. A vote was taken on the motion:: i9 +e : :'I?sar+;::#}:; OLD$ 6INESS PROJECT 709R,HWY.13 UPGRADE,NEGA-VA VE DEi-tRATION OF ENVIRONMENTAL IMPACT .... City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Councilmember Carlson moved,Councilmember Ba1.0j�n seconded a motion to adopt a Resolution of a Negative Declaration for the need to prepare';gn"Environmental Impact Statement for Project 709R(State Trunk Highway 13:11.11 :atit a the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 ••••••.... .......... ..... CONTRACT 99-05,JOHNNY CAKt. GE ROAD EXTENSION STREET &UTILITY IMPIr6VEMENTS City Administrator Hedges provided an overview on this item. He noted that, although it wds not known if Pulte Homes had acquired the necessary property for rights-of-way and easements, the Council could take action subject to the recording of the final plat. EAGAN CITY COUNCIL MEETING MINUTES;APRIL 20,1999 PAGE Councilmember Bakken moved;Councilmember Car1§fSn seconded a motion to receive the bids for Contract 99-05 (Johnny Cake Ridge Road Extension-SU00ind Utility Improvements), award the contract to Ryan Contracting, Inc.,for th9k; 4i in the afitant of$1,066,695.39, and authorize the Mayor and City Clerk to execute all related'' iS; fk ct to the recording of the Oakbrooke plat. Aye: 5 Nay: 0 CONSIDER INTERIM USE ORDINANCE(MORATORIUM) CEDAR AVENUE/HIGHWAY 13 STUDY AREA City Administrator Hedges provii#ei 'fiiii Ci ... efsi t#fts item. Councilmember Blomquist moved,CoungiDnember$akken seconded a motion to adopt the study area as recommended by the Cedar Aver} *Q'Afia : Task Force. Margaret Schreiner, Chair of th�'ed'ar Aveni :fTftfiway 13 Task Force, commented on the areas the task force had recommended be included in the study area. Councilmember Masin asked about the rationale for the expansion. Ms. Schreiner stated that the task force included the additional areas particularly because of traffic flow and access issues. A vote was taken on the motio»t ::;A e: 5 Nay: 0 Councilmember Blomquist moved, Colizc£3>;Cieiier•.•�akken seconded a motion to schedule the Interim Use Ordinance, to include the mor at4jr um are a.*nd parameters for the moratorium as recommended by the Cedar Avenue/Highw0i..13 Ta k•Fai,G`:.�h the May 4, 1999 City Council meeting agenda. Mayor Awada asked why the I3ii :e property and the vacant property immediately to the north across Kennebec Drive were excluded from the moratorium area. Ms. Schreiner stated that the properties were not included because a plan already exists for these areas. A vote was taken on the motion; Aye: 5 Nay, 0 Ms. Schreiner noted that the task:&:c*e'also to'ak'actftrii to make every effort to minimize impacts to the Cedarvale business community that may rd&from 4* tudy or the moratorium. NEW. SINES COMPREHENSIVE GUIDE PLAN AMENDMENT-CITY OF EAGAN AMENDING THE LAND USE OF APPROXIMATELY FOUR ACRES OF EXISTING RIGHT-OF-WAY,T.H. 77(CEDAR AVENUE), TO D-1, SINGLE FAMILY AND A REZONING TO R-1 (SI•,NGLE FAMILY),LOCATED SOUTH OF CLIFF ROAD BETWEEN CEDAR AVENUE AND NICOWOAD IN THE NW 1/4 OF SECTIONS 31 Senior Planner Ridley gave a steiij tt• Councilmember Blomquist moved,Councilmember 94kken seconded a motion to approve a Comprehensive Guide Plan Amendment that would estab$:b:a D-I, Single-Family Land Use Guide Plan designation subject to Met Council approval, upon 4.0 acres:orexcess T.H. 77 right-of-way located south of Cliff Road and west of Nicols Road in the northwest 1/4 of Section 31. Senior Planner Ridley noted that an amended petition submitted by the adjacent residents had been received and distributed to the City Council. EAGAN CITY COUNCIL MEETING MINUTES;APRIL 20,1999 PAGE 7 Brock Kiecker, 2142 Nancy Circle :§tated that single-family homes are more appropriate than a larger multi-family development. He meipned that the ngiorhood has experienced some problems with a rental property in the area. He said ie:;vould pref :tgTlave the property remain undeveloped and wooded. Randy Hedlund,who has worked with MnDOT to have the property identified as excess right- of-Way, indicated that they would prefer the multi-family development approach which would provide greater control than a single-family development. He added that they have met with a client that would be interested in building a 16-unit multil33@ Jtiry}src d meet. He further added that the units • :::.:: would be for sale for approximately$185;-0 -oned that the amount of tree loss is comparable between the single-family developme*r:e�rid the*i Aii-family development. He stated that they would be agreeable to either asingle-family gg:plulti-fan }J,x development. Councilmember Blomquist said ei��;Mf*.�t;ii� fit> :Y multi-family development. Janice VanLeuven, 2148 Nancy Circle,supported the single-family development. Mayor Awada indicated she was also in support of the single-family development. Councilmember Masin stated that the existing development has been surrounded by a lot of commercial development. She added that the CounW.Nhould ensure that a buffer is preserved on the existing right- of-way. Councilmember Carlson stated!'!Jjait:"je.of Councilmember Masini s concerns could be • addressed as part of the rezoning. She sugge$tM' -g*;;s%L&to Planned Development(PD)as opposed to Single-Family (R-1) to allow for greater dev-6eiopment'>^o'ritrol.,Mayor Awada concurred. Senior Planner Ridley provided anexXratii 'rezonir►g to PD. Councilmember Bakken called 'tlie question. A vote was taken on calling the question. Aye: 5 Nay: 0 A vote was taken on the motion: Aye: 5 Nay: 0 Councilmember Carlson moves��: !Qri W�ta;ec�o�it}2d a motion to approve a Rezoning of 4.0 acres of excess T.H. 77 right-of-way l 'afeti€ west of Nicols Road in the northwest 1/4 of Section 31 to PD, (Planned Develo****"'t'nt) desolation, subject to the Met Council approving the Guide Plan Amendment to D-I. Barbara Kiecker, 2142 Nancy Circle, asked for darifi�"t n on the effect of a rezoning to PD. Mayor Awada stated that this rezoning will only allow single-family development and that the PD classification provides the Council with greater development control. Councilmember Carlson added that the Council is trying to mitigate the residents'concerns. Jim McGuire, 2144 Nancy Circle,requested the trees:-.the contour of the land be preserved with this development. ... Councilmember.Blomquist stated41 ;A*Z—*-"ygiU*n will accomplish Mr. McGuire's request. She suggested that a condition be added requiring that a new plat be submitted showing to the greatest degree possible, limited disturbance to the existing;: and vegetation. Councilmember Carlson noted that the developer has only presented a conceP%al plat for an example and said that the approval of the actual plat is not before the Council at this time. Councilmember Masin mentioned that there have been a few situations where the Council has not taken any action prior to the actual plat design being submitted to the Council for consideration. Mayor Awada stated that this would be possible under an R-1 zoning designation but not under a Planned Development zoning designation. Senior Planner Ridley explained that a PD zoning classification does not allow any development without EAGAN CITY COUNCIL MEETING MINUTES;APRIL 20,1999 PAGES .... a Planned Development agreement. Coiificilmember Blomq> 'reiterated that there should be limited changes to the existing terrain and the i>."cts to the existing- es should be mitigated. A vote was taken on the motion. Ayq::�� +:; ORDINANCE AMENDMENT TO CHAPTER 11-CITY OF EAGAN ESTABLISHING COFFEE KIOSKS City Administrator Hedges prooidW:*b,ovw.yiewt:4gRAhis item. Councilmember Bakken moved, Coundlr#i ber Caj�soin seconded a motion to approve an Amendment to Chapter 11 (Land Use Regulatiom).of the City Code that would establish"coffee kiosks" as conditional uses within the City's commerciaj:;:kindust zoning districts. Councilmember Masin questiori*d—kA there'i :a performance standard stating that no on-site preparation of food shall be allowed. Senior Planner Ridley said that the heating of prepared food is acceptable,but the Health Department's concern pertains to the preparation of food, given the small area of the kiosk. Councilmember Carlson asked.#.the kiosks will be required to be connected to City water. Senior Planner Ridley stated that the Staxe:#-1 ai kDepartnient had been reviewing those requirements and added that this ordinance has been dr affedto ;icoriStent with the State's requirements. Couhcilmember Blomquist noted thAihis ordinal iecifically addresses coffee kiosks and asked how other requests for different types if:lfiitisks tftle'�iandled. City Attorney Sheldon stated that the zoning ordinance only provideR:fgi:Cq�ee-f,66at this time and other requests could be addressed at the time they are brought:-mi-Ward. Councilmember Bakken added that the first section of the ordinance defines a coffee kiosk as a retail food business in a freestanding building that sells primarily coffee or other beverages, which allows for some interpretation by the Council. A vote was taken on the motion. Aye: 5 Nay: 0 ORDINAIILt'i lldl }M! T•`•-';CHAPTER 6 DECREASING THE NU1PFR OF)HAULER LICENSES City Administrator Hedges provided an q-Vi view dii*his item. Councilmember Blomquist moved, Mayor Awada seconded a motion to approve the ordinance amendment regarding the number of licensed haulers. Councilmember Blomquist asked for a list of the licensed haulers currently operating in the City. City Administrator Hedges indicated that he would provid!:;t4.t information to the Council in the Informative Memo. ... Mayor Awada stated that she em because she does not believe in the philosophy of government controlling business. Councilmember Blomquist stated that, although the ordinance limits the number of haulers in the City,it also at" e pts to prevent excessive wear and tear of City streets by reducing the duplication of truck trips in resi66htial neighborhoods. Mayor Awada added that she originally voted against this ordinance,but said she does not feel as strongly that the Council is limiting competition. Councilmember Bakken stated that he would be opposed to restricting the number of licenses and limiting the free market, although he understands the safety concerns and the negative effect on City roads. He further stated that he has not found that limiting the number of licenses has a significant impact on reducing the number of trucks. He said that EAGAN CITY COUNCIL MEETING MINUTES;APRIL 20,1999 PAGE 9 it works best if neighborhoods work tog2fiier to create a units—irash collection plan. He further said that many of the haulers now offer a discount for unified trANVollection and added that this is the best way to approach the problem. Councilmember Masin stated that the Cityiftis'encourage neighborhoods to band together to choose one hauler to collect neighborhood trash. She said it may be helpful to review how many neighborhoods have a unified trash collection plan. She noted that the Council and the Solid Waste Abatement Commission(SWAC)were informed that when they adopted this ordinance the haulers were going to begin buying out other hast1i :C*k ip es;:: Councilmember Blomquist amended her iLt?#ion to ca the number of haulers at seven. Mayor Awada,as the seconder of the original motion, acrRted the 4Mpdment. Councilmember Carlson said thq€:# tiig'tit#�Of licensed haulers to five is too minimal and limiting the number to seven or eigfif•is,iiiore coiiiWe•with the population of Eagan. Councilmember Bakken added that he was more comfortable with the amended motion. Mayor Awada made a friendly amendment providing direction to change the current policy to state that it is no longer necessary for staff to revise the ordinance each time the number of haulers changes following a consolidation of hzh& s, Councilmember Blomquist, as the maker of the motion, accepted the amendment. Councilmember Masin stated that a ltt.of time*was'spept devising the current policy and suggested that this item be continued to alloW.?iscussiort:M6. :fie SWAC. Councilmember Carlson asked if the Council was taking action contra; .tr;€lie:-ex-ffhg policy. Mayor Awada stated that the policy allowed for the ordinance to beivi iri-etch time consolidation occurred, with an ultimate goal of having approximately five residential-H6ulers in the City. Councilmember Carlson agreed with Councilmember Masin's suggestion to discuss the changes to the policy with the SWAC. Councilmember Blomquist asked if the SWAC.was aware of this ordinance amendment. City Administrator Hedges said he was unsure if they were aware of the change. He noted that their ultimate goal was to cap the number of haulers at five. Councilmember Blomquist said she would like the Council to vote on the motion subjG:tQ tXt& Y $; vi?tiyr• Councilmember Carlson suggested the motion be split into two motions. Councilmember Bakken suggested that actii h be talFiiii:on the motion on the floor and called the question. A vote was taken on calling the question;:::Aye: y: 1 (Councilmember Masin opposed) A vote was taken on the motion. Aye: 3 Nay: 2 (Councilmembers Carlson and Masin opposed) Councilmember Masin stated that if the Council is caging the policy they should give the SWAC the courtesy of being informed about the Council's cec#sion and their rationale. Councilmember Carlson noted:..l:h#Vk1' ., okb dA: i i"...tius item for a different reason than Councilmember Masin voted against Councilmember Blomquist moved, Councilmembef; trlson seconded a motion to forward the Council's action regarding the ordinance amendment and tlt6';6'hange to the existing policy to the Solid Waste Abatement Commission for review and comment. Councilmember Carlson further amended the motion to request the comments of the SWAC be forwarded to the City Council. Councilmember Blomquist, as the maker of the motion, accepted the friendly amendment. EAGAN CITY COUNCIL MEETING MINUTES;APRIL 20,1999 PAGE 10 A vote was taken on the motion-'' Aye: 5 Nay: 0 City Administrator Hedges requested't2teiYy council submit their proposed goals to him. Mayor Awada commended Koch Refinery for their efforts to cut their emissions below what the regulations mandate. She mentioned that Coca Cola, one of the Eagan Forever Green sponsors, is donating a portion of their proceeds fro ;".;s 1t.p ;cas�p;of: at Byerly's to the Forever Green program, which is above their earlier cvt}itteri : Councilmember Masin mentioned that she and Mayor'Awada attended the Youth Summit on April 9 and asked for the Council's permission ta*:kto'te soux•'s',;i the teens who were in attendance at the Summit to address the Council at the nept: trator Hedges stated that they could be scheduled under Department Head Ilfiisimess'at the }i; 'Sheeting. Councilmember Masin said that the Eagan Healthy Community Initiative is looking for someone to design a web site and to act as the host for the site. She questioned if the City could volunteer its services. City Administrator Hedges said he would check with the City's webmaster to see if this would be feasible and he would identify the parameters for the Council to consider at a future work session. Councilmember Blomquist ask6l::i :city;,A,dminislrator Hedges had incorporated the facilitator's goals in the Council's list of goaYs:': yjiiy�istrator Hedges said the facilitator's goals were incorporated. Councilmember Blomquist apologizt#' izatg:to-mention that the Eagan Athletic Association should be included in discussions withteptiticl''and the School District regarding the multi-sport air structure. She added that EAA is an i4&%part of this discussion. Councilmember Carlson asked for an update on the agenda hotline. City Administrator Hedges stated that the hotline is operational at this time. Advisory Parks Commission Mei*A*k *t N,`8iit;C h;1e ttioned that members of the commission received a copy of the 1999 budget an i eoirip i®itt d:iiie;:dlty Council and staff for the excellent presentation of the budget. The meeting adjourned at 8:20 p.m. MLK Date City Clerk If you need these minutes in an alternative form such as large print,Braille,audio tape,etc.,please contact the City of Eagan,3830 Pilot Knob Road,Eagan,MN 55122, (651)681-460*;:MD phone: (651)4548535, 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. <> " ' .` ..>` MEMO - city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 30, 1999 SUBJECT: AGENDA INFORMATION FOR MAY 4, 1999 CITY COUNCIL MEETING PT us After approval is given to the May 4, 1999 City Council agenda, the minutes of the April 20, 1999 regular City Council meeting and the minutes of the April 6, 1999 special City Council meeting, the following items are in order for consideration. DEPARTIAIENT.HE,AD BUSINESS A. YOUTH SUMMIT TEEN PRESENTATION City Councilmember Masin has requested that youth who attended the recent Youth Summit on April 9, 1999 be invited to appear before the Council under Department Head Business to discuss and report on that Youth Summit. At this point in time, staff does not have confirmation that the youth are able to attend the meeting on May 4; however, staff is still trying to arrange their appearance. Further information will be provided to the Council with the Administrative Packet on Monday. Agenda Information Memo May 4, 1999 Eagan City Council Meeting Q.NSE `. D.A 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. PERSONNEL ITEMS Item 1. Superintendent of Recreation-- ACTION TO BE CONSIDERED: To approve the hiring of Jeff Asfahl as the Superintendent of Recreation. FACTS: ♦ Interviews for this position were conducted by a panel consisting of Director of Parks & Recreation Ken Vraa, Ms. Randy Nelson who is the former Director of Parks &Recreation for the City of South St. Paul, Finance Director Gene VanOverbeke, Park Superintendent Paul Olson and Assistant City Administrator Holly Duffy. ♦ It is the recommendation of this panel that Jeff Asfahl be hired as the Superintendent of Recreation. Item 2. Water Resources Coordinator-- ACTION TO BE CONSIDERED: To approve the hiring of a person to be recommended as the Water Resources Coordinator. FACTS: ♦ Interviews for this position were conducted by a panel consisting of Director of Parks & Recreation Ken Vraa,John Barton who is the Director of Hennepin Parks Department, Director of Public Works Tom Colbert, Design Engineer John Gorder, Park Superintendent Paul Olson and Assistant City Administrator Holly Duffy. ♦ Reference and background checks are currently being conducted on the person selected for recommendation for hire. It is anticipated that a name will be furnished to the Council either in the Administrative Packet on Monday or at the Council meeting on Tuesday. Agenda Information Memo May 4, 1999 Eagan City Council Meeting Item 3. Transfer/Street Maintenance Worker-- ACTION TO BE CONSIDERED: To approve the transfer from the Utilities Maintenance Division to the Streets Maintenance Division for Bill Weitzel. Item 4. Temporary Part-time Criminal Systems Analyst-- ACTION TO BE CONSIDERED: To approve the hiring of Lisa Detling as a temporary part-time Criminal Systems Analyst for the Drug Task Force. Item 5. Seasonal Tree Inspector-- ACTION TO BE CONSIDERED: To approve the hiring of Michael Sowers as the seasonal tree inspector. Item 6. Seasonal Forestry Technician-- ACTION TO BE CONSIDERED: To approve the hiring of Darren Neuman as a seasonal forestry technician. Item 7. Seasonal Horticultural Specialist-- ACTION TO BE CONSIDERED: To approve the hiring of Bill Sawyer as a seasonal horticultural specialist. Item 8. Part-time Seasonal Skating Instructor-- ACTION TO BE CONSIDERED: To approve the hiring of Stacy Lynn Showalter as a part-time seasonal skating instructor for the civic arena. Item 9. Seasonal Ballfield Attendant-- ACTION TO BE CONSIDERED: To approve the hiring of Chris Pittelcow and Nick Schar$bilig as seasonal ballfield attendants 3 Agenda Information Memo May 4, 1999 Eagan City Council Meeting Item 10. Seasonal Park Attendant-- ACTION TO BE CONSIDERED: To approve the hiring of Barbara Wiggin as a seasonal park attendant. Item 11. Part-time Seasonal Streets Concession Workers/Athletic Fields-- ACTION TO BE CONSIDERED: To approve the hiring of Michael Mason, Jennifer Rasmussen and Jon Beecher as part-time seasonal concession workers for the stands at athletic fields. Item 12. Seasonal Park Maintenance Workers- ACTION TO BE CONSIDERED: To approve the hiring of Cory Knaffla, Drews Alexis, Lynn Streefland, Nova Butor, Jake VanPutten and Adam Fechner as seasonal park maintenance workers. Item 13. Temporary Part-time Clerical Tech/Community Development-- ACTION TO BE CONSIDERED: To approve the hiring of Nancy Gwizdala as a temporary part-time clerical technician for Community Development. Item 14. Seasonal Concessions Manager/Cascade Bad--- ACTION TO BE CONSIDERED: To approve the hiring of Aaron Hunter as the seasonal concessions manager for Cascade Bay. Item 15. Seasonal Guest Services Manager/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Kristopher Scheurer as the seasonal guest services manager for Cascade Ba},. Agenda Information Memo May 4, 1999 Eagan City Council Meeting Item 16. Seasonal Lifeguard Shift Leader/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Anne Roush as a seasonal lifeguard shift leader for Cascade Bay. Item 17. Seasonal Guest Relations Shift Leaders/Cascade Bay— ACTION TO BE CONSIDERED: To approve the hiring of Kim Ohim and Kristin Rogers as seasonal guest relations shift leaders for Cascade Bay. Item 18. Seasonal Concessions Shift Leaders/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Patrick Budion and Joshua Austad as seasonal concessions shift leaders for Cascade Bay. Item 19. Seasonal Guest Services Workers/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Amelia Bardis, Marina Axelrod, Brandon Mason, Stephen Piehl, Elizabeth Rowley and Clayton Shull as seasonal guest services workers for Cascade Bay. Item 20. Seasonal Maintenance Workers/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Scott Fredrickson, Ryan Darwitz, Jonathan Durson, Joseph Pontrelli and Rob Rousseau as seasonal maintenance workers for Cascade Bay. Item 21. Seasonal Lifeguards/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of-Krista Whitney, Emily Brown, Elizabeth Butler, Kristi Guenther, Mali Jo Walters, Irene Wheeler, Alison Bailey, Andrew Elrema and Grant Mestnik as seasonal lifeguards for Cascade Bay. Agenda Information Memo May 4, 1999 Eagan City Council Meeting Item 22. Seasonal Concession Workers/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Kelly Becker, Steve Byrnes, Kristin Fjelstad, Ryan Hartley, Matthew Koppi, Chrystal Stevenson, Elisa Swenson, Kari Brenberg, Susan Rusche and Victoria Daulton as seasonal concession workers for Cascade Bay. Item 23. Substitute Lifeguard/Cascade Bay— ACTION TO BE CONSIDERED: To approve the hiring of Melissa Sponelli as a seasonal substitute lifeguard for Cascade Bay. Item 24. Seasonal Part-time Preschool Program Substitute-- ACTION TO BE CONSIDERED: To approve the hiring of Colleen Mathiason as a seasonal part-time preschool program substitute. Item 25. Seasonal Part-time Recreation Leaders-- ACTION TO BE CONSIDERED: To approve the hiring of Shannon Haugh, Christie Mason and Meghan Doherty as seasonal part-time recreation leaders. Item 26. Resignation/Engineering Technician— ACTION TO BE CONSIDERED: To accept the letter of resignation from Engineering Technician Craig Knudsen. 6 Agenda Information Memo May 4, 1999 Eagan City Council Meeting B. CONSIDER AIRPORT RELATIONS COMMISSION RECOMMENDATION AND MAYOR'S LETTER TO MASAC REASSERTING EAGAN'S CORRIDOR COMMITMENT ACTION TO BE CONSIDERED: To approve the recommendation from the Eagan Airport Relations Commission reaffirming the City's commitment to the Eagan-Mendota Heights Corridor as an effective noise mitigation strategy, and authorize a letter be sent to interested parties stating that commitment. FACTS: • The Eagan-Mendota Heights Corridor has been an effective noise mitigation strategy at Minneapolis-St. Paul International Airport for nearly 30 years. • The City of Eagan has specifically zoned the land uses of our community to conform with the corridor trafficatterns and to minimize adverse impact on residential p p s populations. • Crossing in the Corridor: an Operational Follow-up Analysis detailed the improved success by FAA tower personnel of locating traffic in the center of the corridor when conditions permit, further enhancing the corridor procedures. • Future conditions at Minneapolis-St. Paul International Airport, specifically the use of the new north-south runway, will make it more important than ever for operational noise mitigation procedures such as the corridor be continued in order to preserve a healthy residential community. ATTACHMENTS: G • Letter attached on pages O through�. W city of eagan PATRICIA E AWADA Mayor PAUL BAKKEN BEA BLOMQUIST May 4, 1999 PEGGY A.CARLSON SANDRA A.MASIN Council Members THOMAS HEDGES Mayor Charles Mertensotto, Chair City Administratcr Metropolitan Aircraft Sound Abatement Council 604028 1h Avenue South E.J. VAN OVERBEKE Minneapolis, MN 55450 City Clerk Dear Mayor Mertensotto: At its April 12, 1999 meeting, the Eagan Airport Relations Commission (ARC) reviewed the recently released document, Crossing in the Corridor. an Operational Follow-up Analysis, prepared by the MAC noise department. The ARC review of the information contained therein has reinforced the City's position regarding the value and importance of maintaining the Eagan-Mendota Heights Corridor as an effective noise mitigation tool. As you are well aware, the City of Eagan has long been a proponent of the corridor. Our community has been zoned in accordance with the corridor assumptions to minimize incompatible land uses. The success of the corridor in locating airplane traffic as much as possible away from highly noise-sensitive neighborhoods has been well documented over the years. Based on this long history of effectiveness and the recent corridor review by the Eagan Airport Relations Commission, the Eagan City Council reaffirms its support of the following positions: ■ The Eagan-Mendota Heights Corridor must continue as a foundation of noise- sensitive operational systems at the Minneapolis-St. Paul International Airport. • The procedure known as crossing in the corridor is an effective noise mitigation strategy, the use of which should be maximized whenever operations permit. ■ Corridor operations have continued to be refined over the history of its existence, and this continual analysis for improvement must continue. We remain committed in our efforts to work cooperatively with MASAC, MAC and the surrounding communities to improve the noise environment at MSP. Thank you for your many efforts to date in this regard. Sincerely, Patricia Awada Q� Mayor b MUNICIPAL CENTER PILOT KNOB ROAD THE LONE OAK TREE MAINTENANCE FACILITY EAG THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN DC N- PHONE. MINNESOTA 55122 1897 EAGAN.MINNE5C7A 5E'22 PHONE.(651)681.4600 PHONE(6.°1)68'-433 FAX (651)681-4612 Equal Opportunity Employer FAX (651)68'•4360 TDD (651)454-8535 TDD ;651)454-853 E Copy: U.S. Representative Bill Luther U.S. Representative James Oberstar State Senator Deanna Weiner State Representative Tim Pawlenty State Representative Tim Wilkin 'Charles Nichols, MAC Chair Roy Fuhrmann, MAC Noise Program Manager " Agenda Information Memo May 4,1999 City Council Meeting C. APrC RECOMMENDATION,shared parking United Methodist Church &City of Eagan FOR COUNCIL ACTION: To approve the extension of Northview Park Road into Patrick Eagan Park,and a shared parking lot with United Methodist Church. FACTS: ■ The extension of Northview Park Road was seen as a desirable option when Advent United Methodist Church first built in the mid 1980's. ■ With the church's expansion,they will close their existing entrance,which has a conflicting turning movement with southbound traffic turning east onto Northview Park Road. ■ The church has shown"proof of parking"on its property to meet City Code requirements with the expansion. ■ The church offered $25,000 towards the cost of providing 55 parking spaces in Patrick Eagan Park and to share the existing church parking with the park. ■ Staff conducted an informational meeting for residents on March 8 regarding the road and parking design. ■ Dakota County Highway Department supports the road extension and the closure of the existing church access. The County would also like to see the current Patrick Eagan Park entrance closed at some point in the future when the park undergoes development. ■ The Advisory Parks Commission recommends approval,with funding for construction to come from the Park Site Fund. CONCERNS: The parking lot precedes the design of a master plan for the park,hence the concern that its location may not fit. This concern is offset by the realization that the parking lot follows a logical sequence of entrance, driveway and parking in a very efficient location.The overall amount of parking is reduced because of the shared use arrangement. The tree nursery will also be disrupted by construction. ATTACHMENTS: ■ Memo -/6 42- /D i f Advent United Methodist Church 3945 Lexington Avenue So., Eagan, Minnesota 55123-1509, (612) 454-3944 To: Eagan Parks Advisory Commission Date: April 19, 1999 RE: Shared parking at Patrick Eagan Park with Advent United Methodist Church Advent United Methodist Church is currently in need of more parking and will need additional spaces when the new sanctuary is constructed within the next year. We have the space to build adequate parking on church property,but it seems to make sense to construct the additional parking on the City property immediately to the south of the existing church parking lot. The combined parking area would be available for use by the Church and the public visiting Patrick Eagan Park. Advent UMC is in favor of plan C as presented at the Eagan Parks Advisory Commission meeting on March 15, 1999. There are pros and cons to all of the plans presented at that meeting and also to the possibility of putting the additional parking on existing church property. Some benefits to the proposals are as follows. Benefits to putting the parking on Church property: Parking is closer to the church facilities. Future parking lot expansion would be easier to accommodate. The Church would be in control of parking and site issues. Benefits to the plan C proposal for shared parking in Patrick Eagan Park: Less overall parking will need to be built at the site and more green space preserved. Storm water management is more easily accommodated. The neighborhood to the west of the Church property will not have parking adjacent to their property. The new entrance to Patrick Eagan Park and the Church will be a safety improvement. The following is a proposal for the distribution of costs for the construction of plan C: ---Advent UMC and the City of Eagan will pay 100%of the costs of construction on their property. Advent UMC will make a one time payment of$25,000 to the City towards the completion of plan C. The time line of the parking project will coincide with the proposed December, 1999 completion of the new church sanctuary. Storm water management will be a shared expense. Maintenance, snow plowing, etc. will be negotiated between City staff and the Church. Sincerely, Z Robert M. Doane, Administrative Council Chair Advent United Methodist Church BRUCE A. MAUS 1586 Sherwood Court Eagan, MN 55122 Home Phone: (612) 452-3164 May 29, 1998 Advisory Parks Commission 3830 Pilot Knob Road Eagan Minnesota 55122-1897 Advisory Parks Commission: This is a request to be added to the Agenda of the next Advisory Commission meeting on Monday, June 15, to discuss shared parking between Advent United Methodist Church, located at 3945 Lexington Avenue South and the City of Eagan, and to review our preliminary design. Advent United Methodist Church is a steadily growing congregation whose continued expansion is anticipated well into the future. We are currently in the Design Development phase of a new 500-sea Sanctuary building project. Additional parking is needed to accommodate this growth, and while we are able to meet these parking requirements entirely on our own site, we see mutual benefit in sharing parking. Therefore, we propose building a portion of our parking on the adjacent property owned b the City of Eagan to serve both Patrick Eagan Park and Advent United Methodist Church. We believe there are significant benefits from this shared parking concept. The most important bene. is safety. This plan allows the access off Lexington Avenue to be relocated. The new entrance would be located to the south on City property directly across from Northview Park Drive, where there is a I turn lane available. Our plan also provides adequate circulation which makes access into and out of t -shared parking both safe and efficient. Finally, this plan allows for more green space on both properties than would be available if each owner built a separate parking facility. If accepted, we hope to move ahead promptly with this plan. Our goal is to begin Construction Documents this fall (1998) and to begin construction in the spring of 1999. We also want to discuss the financial and logistical aspects of this project to best meet the needs of bo parties. Advent United Methodist Church will abandon the existing entrance off Lexington Avenue once the City of Eagan has completed construction of the new entrance. At this point, we will both bt ready to proceed with the construction of the new shared parking. Exactly, how this will finally be realized still needs to be reviewed. We look forward to discussing this with you further at the June 15. 1998 meeting. Thank yo so much for your attention to this matter. Sincyrely Bruc Maus Builling Committee Chairman cc: Tom Egan,Mayor.City of Fagan Tom Hedges.City Administrator,City,of Fagan Russ Matthys,City Engineer.City of Eagan Attachments: Reduced site plan-oot to scale dk Agenda Information Memo May 4, 1999 Eagan City Council Meeting D. ON-SALE LIQUOR LICENSE NAME CHANGE FROM DF & R OPERATING COMPANY TO DON PABLO'S OPERATING CORP. ACTION TO BE CONSIDERED: To approve a name change for on-sale liquor license holder DF & R Operating Company to Don Pablo's Operating Corp. FACTS: • On January 4, 1999, DF & R Operating Company, the entity which held the liquor license for Don Pablo's (1280 Promenade Place) changed its corporate name to Don Pablo's Operating Corp. Stock ownership did not change. • Staff has reviewed the documents that were submitted in order to comply with licensing requirements and have deemed them to be in order for consideration by the Council. II 13 Agenda Information Memo May 4, 1999 Eagan City Council Meeting E. FINAL PLAT(789 ADDITION)—TRANSPORT 21 ACTION TO BE CONSIDERED: To approve a Final Plat(789 Addition)that will replat three individual parcels of land and a portion of a vacated segment of Apollo Road into a single 1.9 acre lot located north of Apollo Road and west of the Canadian Pacific rail line in the NE '/<of Section 11. FACTS: • The subject property currently overlays Lots 7, 8 and 9, Block 2, Eagandale Center Industrial Park No. 3. At the regular meeting on April 6, 1999, the City Council approved a Conditional Use Permit to allow the selling, leasing and servicing of semi-tractor trailers (including accessory outside storage) upon the subject property subject to the conditions listed in the APC meeting minutes. • The conditions of Conditional Use permit approval required the three lots and the vacated segment of Apollo Road which comprise the subject property to be replatted into a single, legally described lot of record. ATTACHMENTS (1): Final Plat drawing, page�.S , 1 = o J, Qo - '- � Q r // rJ / r cl pp I F I I UJ CO 1 � w M E� 1 t,1 I I � a � d I f3 zw 1 svt • v� ��.� O I S I W w I p < w O r� �y'I2 i 9 l a !1 , Jt—————————————————————————-- � ; w 9= 1 I • I q� "w— wv�i� :C 7JY100N ':'�i.an�.w� ___0�-_..'� w rr v0-3 Agenda Information Memo May 4, 1999 Eagan City Council Meeting F. PROCLAMATION OBSERVING PAUSE FOR THE PLEDGE OF ALLEGIANCE ON JUNE 14 AT 6:00 P.M. ACTION TO BE CONSIDERED: To proclaim June 14, 1999 at 6:00 p.m. to be a time to "Pause for the Pledge of Allegiance"in the City of Eagan. FACTS: • The City is in receipt of correspondence from the National League of Cities requesting Eagan proclaim 6:00 p.m. on Monday, June 14, Flag Day, as the "Pause for the Pledge of Allegiance." ATTACHMENTS: • Proclamation on page 1 L� • NLC Correspondence on pages /d through /6 CITY OF EAGAN PROCLAMATION ANNUAL NATIONAL PAUSE FOR THE PLEDGE OF ALLEGIANCE TO THE FLAG National Flag Day-June 14, 1999 @ 6:00 p.m. WHEREAS, by Act of Congress of the United Stated dated June 14, 1777, the first official flag of the United States was adopted; and WHEREAS, by Act of Congress dated August 3,1949, June 14 of each year was designated"National Flag Day"; and WHEREAS, the Congress has requested the President to issue annually a proclamation designating the week in which June 14 occurs as "National Flag Week"; and WHEREAS, on December 8, 1992, the National Flag Day Foundation was chartered to conduct educational programs and to encourage all Americans to Pause for the Pledge of Allegiance as part of the celebration of National Flag Day throughout the nation; and WHEREAS, by Act of Congress, dated June 20, 1985, Public Law 99-54 was passed to have the Pause for the Pledge of Allegiance as part of the celebration of National Flag Day throughout the nation; and WHEREAS, Flag Day celebrates our nation's symbol of unity, a democracy in a republic, and stands for our country's devotion to freedom to the rule of all, and to equal rights for all; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby proclaims 6:00 p.m. CDT on June 14, 1999 to be the observance of the Pause for the Pledge of Allegiance to the Flag and urges all citizens of Eagan to join all Americans at that time in reciting the Pledge of Allegiance to the Flag of the United States of America. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, E. J. VanOverbeke, 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 4th day of May, 1999. lE. J. VanOverbeke, City Clerk To strengthen and promote cities as centers of opportunity, leadership,and governance. March 8, 1999 "A& Dear Mayor: National League I am writing this letter to our nation's municipal leaders to encourage you to lead your city or of Cities town in the 20th annual national"Pause for the Pledge of Allegiance"on Monday, June 14, as part of Flag Day observances throughout the United States. 1301 Pennsylvania Ave.,N.W The American flag is a powerful and universal symbol of our national heritage and our national Washington,D.C.20004.1763 unity. The original"Star-Spangled Banner"has a place of honor in the Smithsonian Institution 202.626-3000 in Washington, and that historic flag is now being restored to serve as a centerpiece of our Fax 202-626-3043 national millennium celebrations. The approach of the year 2000 provides an occasion for Internet. www.nic.org Americans everywhere to reflect upon the freedom and opportunities we all enjoy. The Pledge of Allegiance has become a way for all Aaucricalls to celeblaw and afiitm our biussings, it is a 1"9 offices statement of our shared beliefs and aspirations. President Oarence E Anthony The "Pause for the Pledge of Allegiance"is a call for Americans everywhere—regardless of age, Mayor,South Say,Florida First Vice President race, religion, national origin, geographic or political differences—to join in reciting the Pledge of Bob Knight Allegiance at 7 p.m. EDT on Flag Day. The ceremony was conceived in 1980 by the National Manor.Wicil Kansas Flag Day Foundation in Baltimore and has become an annual event since then. It has gained Second Vice President Dennis w archer widespread support from the President and Congress, from state and local leaders, and civic, Mayor Detroit,Michigan business, service, veterans and educational groups nationwide. The "Pause for the Pledge of immediate Past J ' en`BanoNAllegiance"was made an official Flag Day ceremony by an Act of Congress in 1985. Councilman.Ph ladeionia Pennsylvana The national ceremony will again be held at Fort McHenry in Baltimore, where Francis Scott Exec° Direcror Donald aorut Ke saw our young nation's flag flying during the War of 1812, inspiring him to write about "The Star Spangled Banner"in words that became our national anthem. President Clinton has been invited to lead this year's "Pause for the Pledge of Allegiance"from the White House. In its effort to spread the word about Flag Day and the"Pause for the Pledge of Allegiance,"the National Flag Day Foundation has assembled a useful set of information and resources that can ,� be downloaded from their Internet website: www.flagday.org. The materials include a sample proclamation, information about organizing events in your community, historical and educational materials, and other suggestions. Information can also be requested by contacting the National Flag Day offices in Baltimore.. 14P.In voilr Citi7i become part of this nowl expression of national solidarity and fellowship. Join in the"Pause for the Pledge of Allegiance"on Flag Day. Sincerely, Clarence E. Anthony President Mayor, South Bay, Florida enclosure /QF Par PneUeoR Gleet E Mool Mawr-nancic t or,oa•Ship Java Mayor Newark New jersey,•Trom Lekolka Mawr Columbus Chic•Gtlry Bolnol6,:ti.ounc P•eslden:Denver wroraoc•Dirwil Arnie Adeensel ;.cnc',a,-asegas 4evaoa•K A.AlMraen.Executive Dill uunors Murycow League•E B.AMraebr:;;ommissioner,god Songs North Carolina•Job B. wt,Executive v�rec;br New -;,a Asa a.t •Larry A.Bekker,:c.na'Memcer=tenor vadev Minnesota•Jaara T.Baha Councdmar Baton gouge wrszna•Gal D.Blaekee 1.Jr,Mayor ac'em. Kansas^.N"sour'•Booge A Boron•Jr., a e^e ravere Kent co-klosino Children Brown,iauriciwornan.gochester New onb P.Br •Jeoao,CounNman Porl Midogan•Mithe l latlrq,Alderman Senaml MtsSiss obi•Fraok Clinton.Mawr Pars rens•Nal Dale. i Dmara Nebraska•Sol Domilool r,a nc;Prewent.Seattle wash-von•Fraaeio it Dookq,Mawr:&*dge.Massactill•Marr Pe•rs,:a,a ague:f C!'as and Mcn'rw�::es•Nnil rx Wilde.Mom Tribe Ancona•Tb n j. Chl�'iolan:cky L H Coiaradc•Johnember;Germ., 1K.7_e_ry - tial►,Executive Director.Nevada league or Cines ant!Mun�npaiares•Bad►l Bakin.�,.ounn�Member tor,,,.,., --�•Poor Jo Milhri M.avof Eas Po t;eorg a•kkdraol Kook.�,ce Mayor.L:Me god Arkansas•Jack LV"Chef Executive,Bunte.Momare•Brno klOW Mara Sarta Barcena.Ca!,for^ia-Jonwo F k%tW..Execuave Dire for:eawe es:!a :ces-Lin4 A.klwotn.Mawr:acewaao-:toraoc-WAiarn A.k%M Executive Director.Dliahorna Mun¢poai League•Jb Ngmo.Mayor ror:Lauonoaie nonce•Lyn DSbn,Mayor',aiarr_-..,epr-im"Oropn.::;:-e-ret :Ing Beacr_a;.tcma•WIlio J.Phil Count,Member•Mison.Norm Catolua•klaq G here Maloofftc em Dallas.Texas•Nobe J.Baeiaa,;amnl Presoem rrn,uvawe.�noara•Jokwry Boliaoon,2unc'^e^ce ::_:_=-c .°^•.g,a•kliekoN SmS,Eco-Clore i ec:a.=!ince League ct C;bes•loon Swilr,Mara Cxrom.Alabama•Daiol kt Spor.Mawr Puesai Tennessee•Lannio SFepnerynaryk.Ecec.hve D rera Nora axr. ea - _ -s•EkelTrr e.ceb Panel Wriyln Twaw, ours .Vumbus-,eor,a•JorrilFa S.WNL CounCl Nsil Evanstm Mill NATIONAL FLAG DAY FOUNDATION, INC. 418 South Broadway * Baltimore,MD 21231 * (410)563-FLAG * FAX(410)342-8663 * website www.flagday.org Hillary Rodharn Clinton March 1999 Honorary National Chair Pasue for the Pledge Dear Mayor, ofAdgianee Program * On behalf of the National Flag Foundation Board Members and the many volunteers of the Chai"WX Foundation, I express our gratitude to you, your City Council Members, and the citizens of yourHenry A.Rosenberg,Jr. Chairman of the Board communityin the Foundation's 20th annual National PAUSE FOR THE Crown Central Petroleum for participating g President d Founder PLEDGE OF ALLEGIANCE program of national unity. Louis V.Koerber Chairman Your President, Clarence E. Anthony, has described the Foundation's program very well in his let- Budeke's Paints.Inc. ter to the League of Cities Members.The National Flag Day Foundation and the National League Vice President Richard M.Patterson, of Cities are joining hands as partners for the 17th year to honor our Nation and our Flag on Flag CLU,ChFC Day, Monday June 14. Partnership Financial Group Treasurer We ask your support and cooperation in these specific ways: Anne E.Quirk Vice President - Please send us a copy of your letter to President Clinton urging him to lead all Americans in the First National Bank of Man'land 20th annual National PAUSE FOR THE PLEDGE OF ALLEGIANCE on Flag Day,June 14. Secretary George E Thomsen,Esq. - In your press release, please encourage L.of your citizens to PAUSE FOR THE PLEDGE OF Thomsen&Burke Directors. ALLEGIANCE wherever they are at 7:00 p.m. EDT. Only their imagination limits what they George V.McGowan can do to encourage additional participation. Chairman.Executive Committee Baltimore Gas and Electric Co. -After Flag Day, please send copies of your Proclamation and copies of local media coverage you James McManus(McKay) have received. Sports Commentator/journalist ABCTelevision Network - Please use our Internet address listed below to obtain your 1999 Flag Day program materials.You Brooks Robinson Baseball Hall of Fame can also fax your request to 410-342-8663. General John W.Vessey,Jr. The National Flag Day Foundation thanks you for your leadership as you help us pass the "Baton USA(Ret.) Former Chairman Joint Chiefs of Patriotism" to the youth of America.They truly are the future of our nation. Have a great Flag of Staff.The Pentagon Day! Alan Walden News Commentator Sincerely, WBAL Radio www.flagday.org or link to DirectorsEmerrri: www.nic.org or link to Herbert E.Witz,Esq. www.spebsqsa.org Louis V. Koerber Dr.Milton S.Eisenhower President and Founder (1899-1985) / (over please) 9 Annual Pause For The Pledge of Allegiance FLAG DAY USA * lune 14 1 00 p m; EDT Additional Educational Programs of The National Flag Foundation, Inc. The National Flag Foundation, Inc. specific Mission is to encourage all Americans to observe National Flag Day (63 Stat. 492) and to participate in the annual National PAUSE FOR THE PLEDGE OFALLEGIANCE (99 Stat. 54) through educational programs and public awareness campaigns. Living American Flag, Tuesday, May 25, 1999, 10:00 a.m. at Fort McHen Since 1984 approximately 3,500 3rd, 4th, and 5th graders from public, private and home study schools in Baltimore City and the surrounding counties have formed a Living American Flag in May at Fort McHenry. Francis Scott Key, Mary Pickersgill and ten additional historic characters in period clothing engage with the students about their place and period of history in the 1800's. "21 Days to Honor America" June 14 — My 4 The United States Congress dedicated the period from Flag Day, June 14th through Independence Day,July 4th, as "21 Days to Honor America" (89 Stat. 211). Our goal is to see reproductions of the historic Star- Spangled Banner flag fly on all government, businesses, civic and service organizations and private flagpoles within Baltimore City during those official 21 days. We, of course,welcome others throughout the Country to participate. Maryland's Salute to Flag Day Program Tues&3� June 8. I999 Maryland's Secretary of State and its State Department of Education join the National Flag Day Foundation in Annapolis, our State Capital, to honor outstanding high school students from Baltimore City and each of Maryland's counties. Each local school Superintendent selects a student from a junior class based on academic standing, participation in school activities and involvement in community service. Students carry their county or city flags in a colorful parade followed by a prominent state official speaker, distribution of awards, tour and a luncheon in their honor. 20th annual National PAUSE FOR THE PLEDGE OF ALLEGIANCE, Monday, June 14, 1999, 7:00 P.M. The HEART OF MARYLAND CHORUS of the National SPEBSQSA will again provide patriotic harmony at Fort McHenry. We encourage Mayors from across the country to include one of the 670 Barber Shop Quarlet Chapters in their Flag Day programs. 19 seEs.s.os.i� of BAazE Saw, v Sir ir �_JzC � J INCORPORATED March 2, 1999 Re: National Pause for the Pledge of Allegiance Honorable Mayor: . 1998 marked an important alliance between the Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America, Inc. and the National Flag Day Foundation. Our two organizations have joined in a cooperative effort to publicize, support and participate in observances of the National Pause for the Pledge of Allegiance, which are held annually on Flag Day, June 14. National Pause for the Pledge of Allegiance observances are sponsored by local governments with the assistance of the National Flag Day Foundation. Information about the event is mailed to all members of the National League of Cities. Barbershop chapters participate by providing the appropriate musical backdrop for the observances. Last year was the Society's first venture into this unique event, and it was a very successful effort. Our vision is that this year and those to follow will continue to build on that first success. We note with great pride the performance of the Patapsco Valley (Maryland) Chapter in the ceremonies held at Fort McHenry. What an honor for those men and our Society. This letter will be posted on the SPEBSQSA web site (w-w6,.spebsgsa.org) as well as that of the National Flag Day Foundation (wuwflagday.org). Information about a chapter in your area can be obtained by calling SPEBSQSA Public Relations Specialist Reed Sampson at 800-876-7464, ext. 8592 or e-mail to: rsampson@spebsgsa.org. We look forward to working with you in planning observances of the National Pause for the Pledge of Allegiance. In harmony, yl Flinn Executive Director C � INTERNATIONAL OFFICE - 6315 THIRD AVENUE - KENOSHA. WISCONSIN - 53143-5199 • 414-653-8440 - FAX 414-654-4048 "KEEP THE WHOLE WORLD SINGING" Agenda Information Memo May 4,1999 Eagan City Council Meeting G. PROJECT 770. DENMARK AVENUE EXTENSION OF STREETS & UTILITIES ACTION TO BE CONSIDERED: To receive the draft feasibility report for Project 770, Denmark Avenue — Street and Utility Extension and schedule aublic hearing to be P g held on June 1, 1999 FACTS: • On March 2, 1999, The City Council directed staff to prepare a feasibility report considering the Denmark Avenue Street and Utility extension. • The proposed segment of Denmark Avenue would be located between Northwood Parkway and Clubview Drive. • Dakota County is programming the upgrade of Lexington Avenue, from Yankee Doodle Road (Co. Rd. 28) to Lone Oak Road (Co. Rd. 26) for the year 2000. The completion of this portion of Denmark Avenue prior to work beginning on Lexington Avenue would allow the use of Denmark Avenue as a detour route. • This feasibility report has been completed and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. • Meetings with the United States Postal Service have resulted in their concurrence with this project and their willingness to dedicate the necessary right of way across their property. ATTACHMENTS: • Draft Feasibility Report Agenda Information Memo May 4, 1999 Eagan City Council Meeting H. CONTRACT 99-02,MEADOWLAND, RIDGE VIEW SURREY HEIGHTS STREET OVERLAY ACTION TO BE CONSIDERED: To receive the bids for Contract 99-02 (Meadowland, Ridge View, Surrey Heights — Street Overlay), award the contract to Valley Paving for the Base Bid in the amount of$319,103 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City Council held Public Hearings on February 2, 1999, March2, 1999, and April 6, 1999 for Meadowland, Ridge View, and Surrey Heights Street Overlays. All projects were approved and authorization was given for the preparation of detailed plans and specifications under one contract. • On April 6, 1999, the City Council Approved these plans and specifications under Contract 99-02 and authorized the advertisement for a bid opening to he held at 10:30 a.m. on Thursday April 15, 1999. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid from Valley Paving has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid summary,pages ani--- a3 BID SUMMARY Meadowland 1"Addition -City Project No. 755 Ridgeview Acres-City Project No. 757 Surrey Heights Drive-City Proj. No. 758 Street Overlay City Contract No.99-02 Bid Date:Thursday,April 15, 1999 Bid Time: 10:30 am. Contractors Total Base Bid 1.)Valley Paving S319,103 2.)McNamara Conauting, I=. S327,757 3.)Northwest Aspbah S334,489 4.)Bituminous Roadways $387,448 Meadowland V*Addition-Proiect 755 Low Bid $ 141"920 Feasibility Report Estimate S168,220 Percent Under(-)Estimate -15.6%e Engineer's Estimate S162,950 Percent Under(-)Estimate - 14.8% INdeeview Acres-Proiect 757 Low Bid S108,764 Feasibility Report Estimate S127,260 Percent Under(-)Estimate -14.5% Engineer's Estimate S125,980 Percent Under(-)Estimate -13.6% Surrey Heights Drive -Proiect 758 Low Bid S68,419 Feasibility Report Estimate $69,530 Percent Under(-)Estimate -1.6% Engineer's Estimate S67,910 Percent Over(+)Estimate +0.8% a�+ Agenda Information Memo May 4, 1999 Eagan City Council Meeting I. PROJECT 766,WESCOTT ROAD AND LEXINGTON AVENUE SIGNAL IZATION ACTION TO BE CONSIDERED: To receive the draft feasibility report for project 766, (Wescott Road and Lexington Avenue — Signalization) and schedule a public hearing to be held on June 1, 1999. FACTS: • On March 16, 1999, the City Council received a Signal Justification Report and directed staff to prepare a feasibility report considering Signalization of the Wescott Road and Lexington Avenue intersection. • This draft report contains three options for this signal improvement. Each option has different levels of impact on adjacent properties as well as benefit to the intersection's overall operations. • An informational open house will be held prior to the Public Hearing for potentially affected property owners as well as the general public to learn more about the project and provide comments. • This draft feasibility report has been completed and is being presented to the City council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project ISSUES: • Some of the alternates for the installation of a signal at this location will require some reconstruction of the Wescott Road approaches to provide the required dedicated left- turn lanes as well as the need to properly align the through lanes to safely accommodate the 45 mph design speed. In order to minimize the encroachment of the lane widening onto adjacent properties, one alternate would provide for the reconfiguration of the entire stretch of Wescott Road from its current 4-lane to a 3- lane section. Incorporated safety shoulders would be widened into a full right-tum lane at major intersections (similar to Diffley Road east of Braddock Trail). However, with only one through lane in each direction, a median might have to be installed on the Wescott Rd. approaches to prevent left turns into the existing single-family properties due to rear end crash safety concerns. ATTACHMENTS: • Draft Feasibility Report (Enclosed without page numbers) Q5" Agenda Information Memo May 4, 1999 Eagan City Council Meeting J. PROJECT 668—TRAFFIC CONTROL SIGNAL. AGREEMENT (LONE OAK ROAD & HWY, 55) ACTION TO BE CONSIDERED: To approve Traffic Control Signal Agreement No. 78449R(Lone Oak Road& TH 55)with Dakota County and the Minnesota Department of Transportation and authorize the Mayor and City Clerk to execute all related documents. FACTS: • As part of the Lone Oak Road(Lexington Avenue to TH-55) Street and Utility Improvement project(City Project No. 668), it is necessary to remove the existing traffic control system at the intersection of Lone Oak Road and TH-55 and install a new traffic control signal with street lights, emergency vehicle pre-emption, interconnection and signing at that intersection. • An agreement between the City of Eagan, Dakota County, and the State of Minnesota, Department of Transportation has been prepared providing for the cost, maintenance, and operation of the traffic signal improvements. As set forth in the agreement, the City's financial share of these improvements is $45,750 (50%of Dakota County's share of$91,500). • Staff has reviewed this agreement and found it to be similar with other traffic signal agreements and in order for favorable Council action. a� Agenda Information Memo May 4, 1999 Eagan City Council Meeting K. LOTS 6 & 3 BLOCK 1 GREAT OAKS ADDITION BASEMENT VACATION ACTION TO BE CONSIDERED: To receive a petition to vacate a drainage and utility easement over parts of Lots 3 & 6,Block 1, Great Oaks Addition, and schedule a public hearing to be held on June 1, 1999. FACTS: • City staff has received a petition to vacate the drainage and utility easement along the common lot lines of Lots 6 & 3, Block 1, Great Oaks Addition. • The petitioner is proposing to combine these two lots and build a new home across the current property line. The property line is the location of the typical five-foot drainage and utility easement to be vacated. • The City engineering staff will review the site plan to insure that there will be no negative impacts associated with vacating the proposed easement. ATTACHMENTS: • Location Map, page--a D • Legal description graphic,page • Site Plan Cf� 1 J \ I QY YANKEE DOODLE ROAD - - - - - - - - - - p - - - - - o. OTT 0. SQ. `W' c < 9� CARR/AGE hXLS I WESCOTT i RD. TR. DR. ; COCF oma. GOLF COURSE N I CT TRAILV ` NY CT. V,W _EARY PARK I ^ OAKSAl l R d � PROPOSED VACATION TR i p BLUE Jq P 01000 U r s • �. CT. T 0A WO DLAND CT. GQ�;GOR!Lk OAK .. W OO DUCKWOOD DR. BETTY '4 HUMMW D LN. LN c~i AROGRTI KS KJSUNCRST o Otil P ir*' I �J� CT. DO ��- JAY WAY �3 A� ELRENE CT �e FARM PR CT. K y Q2w ,`� ARBOR � � v � CT. FAL FALCON J O�N ~ SOU D �00� OVERLOOK PL. WAY w i � O z r; I / J S.H. iWAY HILL Z ' CARDINAL m ROS O !' N � o �� Z uj G. Q �ti0 S.H. S( w F CIR. IO C� �O'Qp WESCOTT ROAD mC� C BRIAR CREEK RD. TONY p N� O. Z OiHr d``' v kN,-r-,A, BUR P . w c� co F c� O 3 ' H � O SECTION 14 UNJ City Of @Egan approved : standard plate # PUBLIC LOCATION MAP $ WORKS DEPARTMEN EASEMENT VACATION EXHIBIT LOTS 3 & 6, BLOCK I, GREAT OAKS y r vnl , 1 U.=12 1 r• f �Sb R: srtao _ � .ID•��' \'�• d . OQ:1:'37• �l +0' 4�.� � �b el +� ,�,�1'i D�w�. a ;:°g 9�� A'��'e 4� '�• : 3?.x OU I" A v .1"18 ; /% :y�;. 41=17' t ,fi Y My�s��6Mi [!/d , ,,f� .�� 17.61 istoe 43 . 1 12 s r 1r'; •\ �/ h�a a' �a S1:?� leu• � f 1 f'r do �♦ ♦/ •0� /%•.� ^ 4i.� e 1p0.75 x r �. ! r` .f_M _ o,Q ' r•� 4 �� ;� ��?��, r .'g�.jf•* Rh'S20� tjN 7 / L ad.05•- .� •• j ti •�� '3 :�i /� i ��..� / /!� i � tri Lo 1 `qui 1 V r h i i wr• -1 / / , / Jry /��Oh/ 1' 6111 ir d t� ?I 2 �� a? �— , -.•t�74.37 • 1 s pi,• r'��S•yl ! ! � � J' 'b /:y,/ / / .wc rice:RY IV Jb // �1T\ /+7777 rr' r•7'2• 11� 7 ,vj$• \ 01 IL I , y X0 4f 9 A ✓: OQ` :v PROPOSED VACATION C� approved : standard city of eagan plate # : jFMk PUBLIC PROPOSED VACATION $ Mw WORKS h DEPARTMENTI n GPQ--Z 1-:999 :4:46 EFU i:7-3: P.C_ C7 EXHIBIT A EASEMENT VACATION DESCRIPTION LOTS 3 & 6, BLOCK 1, GREAT OAKS All that part of the DRAII`AGE &UTILITY EASEMENT over, under and across the easterly 5.00 feet of LOT 6,BLOCK 1,GREAT OAKS,according to the recorded plat thereof,Dakota County,Minnesota,as ddmated and dodica*.cd by said plat of GREAT OAKS,which lies southerly of the most.northerly 5.00 feet of said LOT 6 and which ties northerly of the southerly 10.00 feet of said LOT 6. All that part of the DRAWAGE&UTILITY EASEMENT over,under and across the most westerly 5.00 feet of LOT 3. BLOCK 1, GREAT OAKS, according to the recorded plat thereof,Dakota County,Minnesota,as donated and dedicated by said plat of GREAT OAKS,which lies southerly of a line drawn parallel with and distant 5.00 feet southerly of the southcsly line of LOT 4,BLOCK 1, said plat of GREAT OAKS, and which lies northerly of the southerly 10.00 feet of said LOT 3. pw¢.k10 �v Agenda Information Memo May 4, 1999 Eagan City Council Meeting PUBLIC HEARINGS A. CERTIFICATION OF DELINQUENT UTILITIES ACTION TO BE CONSIDERED: To approve certification of delinquent utility accounts to Dakota County for collection with property taxes. FACTS: • The City currently has approximately 272 utility bill accounts with delinquent payments. The assessable amount of these accounts is $48,337.24. These items are in order for certification to the County. ATTACHMENTS: • Delinquent account list attached on pages -WA through . 31 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT-NUMB PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT ---------------------------------------------- ---- --------------------------------------- ------- 1010140004 101670307007 207.68 AC 232.68 1010510404 101670310008 45.69 AC 70.69 1010910601 101670314005 147.52 AC 172.52 1030330304 101670106005 326.69 AC 351.69 1030900303 101670110002 258.57 AC 283.57 1031110803 101670116004 .52 AC 25.52 1040050501 101670102001 80.81 AC 105.81 1040290703 101670125001 235.56 AC 260.56 1040450702 101670109001 267.06 AC 292.06 1040900101 101670315003 1.44 AC 26.44 1041070205 101670308002 30. 18 AC 55. 18 1050070003 108460007005 180.52 AC 205.52 1050430607 108460003003 44.45 AC 69.45 1050620204 108460019003 109.54 AC 134.54 1051120204 108460005002 182 .47 AC 207.47 1060110202 103230011000 203.67 AC 228.67 1060650701 102488021005 219.98 AC 244.98 1060710901 102488004006 248.31 AC 273. 31 1061120002 102488011003 240.24 AC 265.24 1070110006 108435102001 76.66 AC 101.66 1070120904 108435103001 81.01 AC 106.01 1070670305 108435302003 169.27 AC 194.27 1080250203 108435018002 238.85 AC 263.85 1090070201 108435408001 227.03 AC 252 .03 1090300301 108435402002 107.23 AC 132.23 1090510702 108435417003 155.71 AC 180. 71 1090650103 108435401004 421. 33 AC 446. 33 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT-NUMB PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT ---------------------------------------------------------------------------------------- -- ------ 1090770703 108435422001 53.20 AC 78.20 1091040401 108425021001 57.90 AC 82.90 1091050304 108425020001 328.21 AC 353.21 1091290506 108425015003 241.20 AC 266.20 1091470301 108425001001 166.22 AC 191.22 1100050201 108460105008 238.89 AC 263.89 1100130205 108460108007 131.44 AC 156.44 1100540204 108460109001 81.51 AC 106. 51 1110550906 108460230002 177.87 AC 202.87 1110630907 108460224002 74.96 AC 99.96 1111420406 108460203001 114.09 AC 139.09 1111590401 104725129001 116.02 AC 141.02 1140500803 108435518003 113. 37 AC 138.37 1150130101 108425104001 76.85 AC 101.85 1150620101 108425107004 232.28 AC 257.28 1150750604 108425205002 103.77 AC 128. 77 1170590202 104805007002 132.08 AC 157.08 1171340102 104805010101 285.99 AC 310.99 1171840001 107297514001 66. 19 AC 91.19 1172100805 107297518002 44.02 AC 69.02 1173010801 107297614003 128.66 AC 153.66 1174340802 107297702201 67.88 AC 92.88 1174370502 107297703201 187.33 AC 212. 33 1181630301 101350017006 191. 52 AC 216.52 1190130301 101500309001 129.21 AC 154.21 1200730802 108195016001 248.96 AC 273.96 1200930403 108195005002 241. 32 AC 266. 32 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT-NUMB PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT --------------------------------------------------------------------------------------- --------- 1210870003 101715201003 54.24 AC 79.24 1210900506 101715204003 75.36 AC 100.36 1211080506 101715316001 236.58 AC 261.58 1212180201 108355001004 202.81 AC 227.81 1213450807 105380102102 183.72 AC 208.72 1222250103 105210010005 149.21 AC 174.21 1222530601 105210036004 90.48 AC 115.48 1222590004 105210005007 268.00 AC 293.00 1222800302 105210003006 266. 34 AC 291. 34 1223460501 102580003001 76.78 AC 101.78 1224720102 107299604001 141.61 AC 166.61 1226260602 102580101004 126.02 AC 151.02 1230250103 103980101007 87 .36 AC 112. 36 1231120505 103980201006 50. 19 AC 75. 19 1231130403 103980202006 120.47 AC 145.47 1231170003 103980202007 134.70 AC 159.70 1231760803 103980302009 130.48 AC 155.48 1242070901 105210107001 199.90 AC 224.90 1242600301 104507028004 147.54 AC 172.54 1243010402 104507101002 106.32 AC 131. 32 1250460103 107595004002 1.33 AC 26. 33 1250500406 107595003003 113.50 AC 138. 50 1251570602 107595117001 154.04 AC 179.04 1255029901 107592503001 251.83 AC 276.83 1260120904 101660001201 121.52 AC 146.52 1260440103 101660105003 336.99 AC 361.99 1260810501 101660202001 60.24 AC 85.24 3� . REPORT SORTED BY ACCOUNT NUMBER ACCOUNT-NUMB PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT ------------------------------------------------------------------------------------------------ 1260830306 101660204001 208.96 AC 233.96 1260880802 101660209001 191.53 AC 216.53 1260920205 101660212102 176.03 AC 201.03 1261380803 101740016300 52.95 AC 77.95 1261420205 101740016100 50.19 AC 75.19 1262260103 101740005201 146.89 AC 171.89 1262310401 101740008201 115.69 AC 140.69 1262520802 101740225002 114.16 AC 139 . 16 1262540602 101740227002 334. 57 AC 359 . 57 1262560405 101740209103 169. 78 AC 194.78 1262910103 101740213002 155.00 AC 180.00 1263268305 101740304101 30.24 AC 55.24 1263283202 101740403201 232.98 AC 257 .98 1263284002 101740403101 139. 50 AC 164. 50 1263307901 101740506101 110. 57 AC 135. 57 1263321002 105355001001 159.97 AC 184.97 1264410001 106920010000 113.20 AC 138.20 1270070403 106398007001 278.61 AC 303.61 1270150402 106398003002 125.61 AC 150.61 1270160301 106398004002 2. 74 AC 27 . 74 1270870703 106398004008 295.63 AC 320.63 1280150204 106398102004 54. 13 AC 79.13 1280650102 106398204007 218 .62 AC 243.62 1280660004 106398201007 51. 77 AC 76.77 1280730104 106398204006 112.28 AC 137 . 28 1280830904 106398610001 60. 38 AC 85. 38 1280840807 106398609001 259.36 AC 284.36 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT-NUMB PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT ------------------------------------------------------------------------------------------------ 1281200404 106398303009 144.93 AC 169.93 1281250902 106398304008 129.15 AC 154.15 1281680705 106398401011 133.41 AC 158.41 1282770501 105675105003 219.25 AC 244.25 1283610203 101375016003 163.02 AC 188.02 1283810805 101375002001 247.73 AC 272.73 1283830605 101375001002 115.89 AC 140.89 1283910603 101375009002 203.85 AC 228.85 1291130103 102275047002 105.05 AC 130.05 1300440302 107820006003 68. 36 AC 93. 36 1301410501 103297508001 228. 57 AC 253.57 1303020002 102560103004 218.98 AC 243.98 1310570501 101230005005 323. 28 AC 348.28 1310990501 104727702003 162. 31 AC 187. 31 1311270102 107296108001 185.26 AC 210.26 1313160202 104433010001 76.99 AC 101. 99 1314760801 104509301001 80. 33 AC 105. 33 1316630101 108375101004 280.10 AC 305.10 1317810802 104509406001 82.56 AC 107.56 1317960101 104509404002 216.21 AC 241.21 1319200001 105769003005 103. 52 AC 128. 52 1319550801 101672511002 103. 19 AC 128. 19 1320970502 104725329001 159.19 AC 184.19 1550480601 100340002076 35.40 AC 60.40 1551390601 100360001082 17.50 AC 42.50 2310180102 101670001002 147.66 AC 172 .66 2310300502 101670011001 1. 58 AC 26.58 3 Lp REPORT SORTED BY ACCOUNT NUMBER ACCOUNT-NUMB PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT - ------------------------- ------------ -------- - - -- ---------------- - --- - --------- - - ----- ---- ----- 2311200602 101670008006 152.22 AC 177.22 2311340001 101670020005 108.23 AC 133.23 2311350903 101670019005 55.86 AC 80.86 2320810102 101670215004 141.57 AC 166.57 2321260801 101670210004 274.66 AC 299.66 2330060102 101665006001 165.24 AC 190.24 2330080901 101665004001 104.77 AC 129.77 2330090802 101665003001 82.54 AC 107.54 2330460302 101670231008 67.86 AC 92.86 2330490003 101670234008 1.41 AC 26.41 2330580803 101670243008 253.05 AC 278 .05 2330660801 101670211007 68. 59 AC 93. 59 2330760602 101670201007 57.48 AC 82.48 2342000303 101430110001 105.71 AC 130. 71 2342060704 101430103001 149.13 AC 174. 13 2350740301 101670405005 351. 21 AC 376.21 2350930003 101670408011 90. 67 AC 115. 67 2350950801 101670410011 103 .03 AC 128.03 2350980502 101670413011 119. 32 AC 144. 32 2351250201 101670406006 139.86 AC 164.86 2360150302 101670401007 144.89 AC 169.89 2371060102 101671107001 83.19 AC 108. 19 2371240902 101671107003 210.03 AC 235.03 2380030302 101670603005 139.69 AC 164.69 2380070902 101670607005 114.45 AC 139.45 2380330701 101670415010 1.92 AC 26.92 2380360401 101670412010 210.44 AC 235.44 3� REPORT SORTED BY ACCOUNT NUMBER ACCOUNT-NUMB PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT --------------------------------------------------------------------------------- ------------ --- 2380880104 101670614002 224.70 AC 249.70 2390010303 100200004177 187.95 AC 212.95 2390050903 101190004001 105.98 AC 130.98 2390620901 101670608010 160.27 AC 185.27 2390960904 101670605008 128.56 AC 153.56 2391100102 101670619008 77.21 AC 102.21 2391210801 101670509009 19.95 AC 44.95 2391710702 103295104003 1. 18 AC 26. 18 2391840202 103295102007 106.91 AC 131.91 2391890702 103295102008 17.14 AC 42.14 2391960802 103295204006 236. 36 AC 261.36 2400220603 107710005020 110. 64 AC 135 .64 2400480606 107710001011 165. 92 AC 190.92 2401100906 107710001003 263. 72 AC 288. 72 2401330203 107710002009 99.88 AC 124.88 2410760901 101670708008 272.33 AC 297.33 2410880503 101670708005 284.48 AC 309.48 2410960503 101670727006 188.95 AC 213.95 2411470404 101670712004 182 .87 AC 207.87 2411590905 101438701001 131.98 AC 156.98 2411850701 101438705002 8.49 AC 33.49 2420020604 107300202005 207.16 AC 232.16 2420410907 107300005020 151.55 AC 176.55 2420570004 107300004014 123.85 AC 148.85 2420720103 107300005007 1.51 AC 26.51 2421080901 107300104014 128.42 AC 153.42 2421620203 107300404002 111.70 AC 136.70 3g REPORT SORTED BY ACCOUNT NUMBER ACCOUNT-NUMB PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT ------------------------------------------------------------------------------------------ ------ 2421650905 107300402002 279.14 AC 304.14 2430340604 107650103002 232.85 AC 257.85 2430850401 107650202011 148. 16 AC 173.16 2431270402 107650301014 5.94 AC 30.94 2431420504 107650303001 98.01 AC 123.01 2431820604 107650304009 78.13 AC 103.13 2432370103 105750301002 273.37 AC 298.37 2432450107 105750318003 70.13 AC 95. 13 2432860103 108446115001 55.45 AC 80.45 2433380902 108446012001 337 .61 AC 362 .61 2433570504 108446011002 400.84 AC 425.84 2440641501 100160001379 258.76 AC 283.76 2451630404 108365108002 245. 58 AC 270. 58 2460660003 102190052001 257 .26 AC 282 .26 2471268901 101380005001 219. 63 AC 244.63 2490110003 103275004002 184.21 AC 209.21 2500100904 101499010001 50.95 AC 75.95 2500131404 101499306001 233.87 AC 258.87 2500200702 101499020001 188.82 AC 213. 82 2500410207 101499207001 50. 23 AC 75.23 2500680001 101499234001 181.09 AC 206.09 2501260002 101499301002 241.75 AC 266.75 2510720201 103190002003 7.35 AC 32. 35 2531098802 101910104002 63.77 AC 88.77 2560210301 106767005002 111 .64 AC 136. 64 2567420101 101430302001 38.81 AC 63. 81 3550140201 100100006030 17.03 AC 42.03 39 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT-NUMB PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT -------------------------------------------------------------------------------- -- - -- - - -- - - - - - -- 3550490101 100380008002 17.78 AC 42.78 3610090702 106805003102 960.29 AC 985.29 3610710004 104130005001 131.00 AC 156.00 3610760508 104130010001 161.04 AC 186.04 3611272002 101815001005 48.61 AC 73.61 3611520204 101630003001 213.18 AC 238.18 3611550903 101630006001 70.74 AC 95.74 3614460805 101807548001 157.49 AC 182.49 3614790804 101815202004 168.40 AC 193.40 3621090401 105530014001 175. 37 AC 200. 37 3621740403 105530019003 198.89 AC 223.89 3630240402 108140001003 159.82 AC 184.82 3630520902 108140002001 58.82 AC 83.82 3630657902 105540007001 82.25 AC 107.25 3630700702 101830009105 99.47 AC 124.47 3631270001 101830011008 110. 84 AC 135.84 3640181806 102096012004 189.30 AC 214.30 3640210504 102096007003 65.54 AC 90.54 3650240902 100030001077 53.86 AC 78.86 3650470203 104775006001 470.06 AC 495.06 3650900805 104775004003 184. 53 AC 209. 53 3660420502 101560009000 150.05 AC 175.05 3660670502 106710001001 208.72 AC 233. 72 3660790101 103200003000 186.30 AC 211.30 3671290901 101550140002 308.57 AC 333. 57 3672550501 101550114003 203.57 AC 228.57 3680340101 103299003002 139.23 AC 164.23 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT-NUMB PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT -------------------------------------------------------------------------------- - - ---- ---------- 3690350801 107079004001 60.62 AC 85.62 3701740701 104506008002 123.42 AC 148.42 3710660601 107250028001 139.89 AC 164.89 3711640702 107250011005 206.52 AC 231.52 3711670401 107250008005 193.01 AC 218.01 3711690203 107250006005 44.37 AC 69.37 3720030003 103090003002 69.46 AC 94.46 3750500502 101827538003 193.70 AC 218.70 3770750202 104507531001 293.90 AC 318 .90 3770800502 104507526001 196.11 AC 221.11 3770840101 104507522001 292 .86 AC 317 .86 3781360701 104508105001 186. 80 AC 211.80 3790640101 107298305001 239.67 AC 264.67 3820150501 101840013002 106.27 AC 131.27 3823940601 103095003101 30.13 AC 55.13 3826180601 1014600.02001 451.76 AC 476 . 76 3826181401 101460002001 668. 38 AC 693. 38 40338.75x` <*> 1070540804 108435304002 165.73 CB 190.73 1101150906 108460204005 113.26 CB 138.26 1171521605 104805004204 194.66 CB 219.66 1262500008 101740223002 184. 35 CB 209. 35 1271420006 106398006013 58.44 CB 83.44 1281560107 106398401015 49.96 CB 74.96 1318800802 108350012001 73.80 CB 98.80 1319670402 101672523002 55.47 CB 80.47 2350710601 101670402005 29 .41 CB 54.41 41 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT-NUMB PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT -------------------------------------------------------------------------------------- ---------- 2431870101 107650304010 11. 75 CB 36.75 3640480410 102096021001 230. 71 CB 255.71 3828520101 108157502001 30.95 CB 55.95 1198.49* <*> 41537.24* 48337.24* Agenda Information Memo May 4, 1999 Eagan City Council Meeting B. CERTIFICATION OF DELINQUENT WEED AND FALSE ALARM BILLS ACTION TO BE CONSIDERED: To approve or deny the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. FACTS: • The City Code provides for collection of unpaid false alarm and weed cutting bills through special assessments. • Included in this assessment roll are nine false alarm bills totaling $1,297.50 and one weed cutting bill totaling $124.22. • At the April 6 h City Council meeting a public hearing was set for May 4, 1999. • Each false alarm after the third one in any calendar year is first billed at $75. If it is not paid, a 10%penalty is added and at the time of certification an additional $25 certification fee is added. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. BACKGROUND/HISTORY ON FALSE ALARM CHARGES: • A charge for false alarms was first implemented in April of 1984. • The ordinance was implemented in an effort to reduce the number of false alarms that were being responded to by the City's public safety units including both Police and Fire. The fee was added to recover some of the City's cost thereby reducing the burden on the general taxpayers for special services. Secondly,the fee provides a financial incentive for the alarm users to reduce false alarms. The first three false alarms are not charged allowing for weather and other uncontrollable circumstances to be factored into the process. There is obviously serious liability exposure involved with emergency responses, therefore it is in everyone's interest to reduce the frequency and the most efficient way to do that is to reduce the number of false alarms. • The City Code was subsequently amended in December of 1992. The changes included treating residential and non-residential property in a similar fashion as to the number of non-charged false alarms,providing for fewer false alarms prior to charging for them and allowing for rate adjustments. ATTACHMENTS: • Enclosed on page is the proposed assessment roll. • Enclosed on pages 4 through 44p are some historical facts and procedural information on false alarms. 43 GRAND TOTAL/SA May 4, 1999 page 1 of 1 S/A # PROPERTY ID S/A ASSESSED AMT ------------------------------------------------------------------------------- ALARMS 10-16935-206-05 $107 . 50 10-22472-080-02 $190 . 00 10-22473-010-01 $107 . 50 10-57690-030-05 $107 . 50 10-58725-010-01 $107 . 50 10-75925-060-01 $107 . 50 10-77026-020-01 $190 . 00 10-77031-010-01 $272 . 50 10-77060-010-01 $107 . 50 <*> $1, 297 . 50* $1, 297 . 50* ------------------------------------------- --------------- - -------------------- EXIT (E) ? ( Weed Cutting 10-13520-010-01 $124.22 ALL '-FT I False Alarm Procedures First False Alarm Activation for the Calendar Year: • We send a"City of Eagan Alarm Program Brochure", as well as a"False Alarm Prevention Guide"to the alarm user. Third False Alarm Activation for the Calendar Year: • We send a courtesy postcard to advise that subsequent false alarms will result in a fine. Fourth and all subsequent False Alarm Activations for the Calendar Year: • A detailed bill for$75 is sent to the alarm user. Eagan Police Department False Alarm Statistics 1988 980 1989 945 1990 1218 1991 1382 1992 1795 1993 2007 1994 2097 1995 2375 1996 2580 1997 2895 1998 3157 1999 (Jan-Mar) 786 Agenda Information Memo May 4, 1999 Eagan City Council Meeting C. CONSIDER INTERIM ORDINANCE (MORATORIUM) CEDAR AVENUE/HIGHWAY 13 STUDY AREA ACTION TO BE CONSIDERED: To approve the interim ordinance (moratorium) for the Cedar Avenue and Highway 13 Study Area. FACTS: • At its meeting of March 16, 1999, the City Council requested a recommendation from the Cedar Avenue and Highway 13 Task Force regarding a proposed moratorium. • At its meeting of April 20, 1999, the City Council accepted the recommendation of the Task Force to propose a moratorium with the following stipulations: ➢ The moratorium shall be limited to a time period of six (6) months. ➢ The moratorium shall apply to vacant land only, except when to prohibit total demolition and reconstruction on the same property. ➢ The moratorium shall prohibit consideration or approval of any request for rezoning or Comprehensive Guide Plan amendments by the Advisory Planning Commission or City Council. • A public hearing was scheduled for May 4, 1999, and appropriate notice was mailed to all property owners in the proposed moratorium area. ATTACHMENTS: • Interim ordinance (moratorium) attached on pages _through ]! • Notice of public hearing and mailing list attached on pages 570 through S S 4-7 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA,ADDING EAGAN CITY CODE CHAPTER TWELVE. ENTITLED "COMPREHENSIVE GUIDE PLAN AND LAND USE REGULATIONS -INTERIM USE STUDY"; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 12.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Twelve. is hereby added to read as follows: Interim Use Study. A. In May of 1998,the City Council held a workshop concerning lands designated as the greater Cedarvale area to consider redevelopment of the area. At the City Council's direction, a comprehensive review of issues regarding the greater Cedarvale area (now known as the Cedar Avenue &Highway 13 study area)has been under research by City staff. The City has hired a planning consultant with respect to the area. Pursuant to Minnesota Statutes Section 462.355, Subd. 4, the Eagan City Council directed a study be conducted for the purposes of considering: i. Amendment to the Eagan Comprehensive Guide Land Use Plan for the Cedar Avenue &Highway 13 study area and/or ii. The possible rezoning of lands in the Cedar Avenue &Higway 13 study area. B. This interim use ordinance is adopted for the purpose of protecting the planning process above described and the health, safety, and welfare of the citizens. C. With respect to property described in this Ordinance as the Cedar Avenue &Highway 13 moratorium area as shown on Exhibit"A"attached hereto and incorporated herein, commencing on the effective date of this ordinance and ending on November 4, 1999: i No building permit for the construction of any structure on undeveloped property shall be issued. ii. No building permit for construction,reconstruction, or alteration for over 90% of any existing structure shall be issued. iii. No requests for rezoning or Comprehensive Guide Plan amendments shall be considered or approved by the Advisory Planning Commission or the City Council. Section 2. Eagan City Code Chapter 1 entitles"General Provisions and Definitions Applicable to the Entire City Code Including `Penalty for Violation"' and Section 12.99, entitled "Violation a Misdemeanor"are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E.J. Van Overbeke By: Patricia E. Awada Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: V PUBLIC HEARING NOTICE WHAT: CONSIDERATION OF INTERIM ORDINANCE FOR THE AREA OF CEDAR AVENUE AND HIGHWAY 13 WHEN: 7:00 p.m., Tuesday May 4, 1999 WHERE: City Council Chambers Eagan City Hall 3830 Pilot Knob Road Eagan MN 55122 MORE INFORMATION: The Eagan City Council has scheduled a public hearing on Tuesday, May 4, 1999, for the purpose of considering an interim ordinance (moratorium) in the area of Cedar Avenue and Trunk Highway 13. The proposed interim ordinance is related to the redevelopment study being conducted by the Cedar Avenue & Highway 13 Area Task Force. The intent of the interim ordinance is to protect the integrity of the planning process while the task force is conducting its review. As adopted for notice by the City Council, the interim ordinance includes the following conditions: ■ The interim ordinance will be limited to a six (6) month period commencing on the date of publication in the legal newspaper. • The interim ordinance will apply only to vacant land, except when to ■ Prohibit total demolition of an existing structure(s) for the purpose of building a new structure(s) on the same site. ■ During the period in which the interim ordinance is in effect, no request for rezoning or Comprehensive Guide Plan amendments will be considered or approved by the Advisory Planning Commission or City Council. The interim ordinance will apply to the area specified in the attached map; generally bounded by Silver Bell Road on the east, Eagan city limits on the west side, and adjacent areas north and south of Trunk Highway 13. PARTICIPATION: All interested parties may address the City Council at the public hearing on Tuesday, May 4, 1.999. Public hearings begin at 7:00 p.m, on the City Council's agenda. ANY QUESTIONS: Questions or comments may be directed to Assistant City Administrator Jamie Verbrugge, 3830 Pilot Knob Road, Eagan, MN 55122, or by phone at (651) 681-4603. S� as t:aaa � E � •�� '+»� �' Twp �, +G9��•�.. �►9"�w��w�.��C� SO kill �- ©�� VA MEM III lu SNA rar zAvj NO a� Q Tj-7. �s �Q� In M111147 - �.� i�jlid, gra® i ins mi offic LAW I'ME +City of Eagan �. - DeparVnert THIS MAP 19 INTENDED FOR REFERENCE USE ONLY ALEKSANDR&VERA RASOLKO ALFRED&PATRICIA ARENDS AMERICAN ACCOUNTS&ADVISORS 2110 WUTHERING HEIGHTS RD 2133 SILVER BELL RD INC SAINT PAUL MN 55122-1028 SAINT PAUL MN 55122-1033 3904 CEDARVALE DR SAINT PAUL MN 55122-1410 ANA CORPORATION BERNARD J MULCAHYCO INC BRIAN J SAEGER 3830 SIBLEY MEM HWY 1125 79TH ST E 5214 RIVERWOOD DR EAGAN MN 55122-1412 BLOOMINGTON MN 55420-1419 SAVAGE MN 55378-4622 BRUCE C&JANE E JAHNKE BTA INV C B&R ENT 2111 WUTHERING HGTS RD %JAMES COOPER 3810 SIBLEY MEM HWY SAINT PAUL MN 55122-1029 3999 CEDARVALE DR SAINT PAUL MN 55122-1412 EAGAN MN 55122-1421 CEDARVALE BUSINESS CENTER CHASKA INV LTD PTNSHP CITY OF EAGAN 3914 BEAU D'RUE DR 7301 OHMS LANE 3795 PILOT KNOB RD SAINT PAUL MN 55122 SUITE 390 SAINT PAUL MN 55122-1318 EDINA MN 55439 CURTIS A NAUMANN DANIEL G SOMMERS DCR CO 2125 SILVER BELL RD 2135 WUTHERING HEIGHTS RD 3883 BEAU DE RUE DR SAINT PAUL MN 55122-1033 EAGAN MN 55122-1029 EAGAN MN 55122 DENNIS BAILEY WOLKOFF DENNIS D&FRANCES A GONYEA DUANE WILLIAM SPENCER 40 NEPTUNE ST 50 GROVELAND TERR 3786 NICOLS RD BEVERLY MA 01915-4751 MINNEAPOLIS MN 55403-1145 SAINT PAUL MN 55122-1017 EDUCORP PROPERTIES INC ELIZABETH C BASSETT FERN PEDERSON %LTC PROPERTIES INC 2101 WUTHERING HTS RD 2523 PORTLAND AVE APT 1410 300 ESPLANADE DR STE 1865 SAINT PAUL MN 55122-1029 MINNEAPOLIS MN 55404-4450 OXNARD CA 93030-1264 FRANCHISE REALTY INT CORP GERALD HUSTON GORDON&ALICE KOPACEK THOMAS P BUTLER 608 OAKLAND DR 4000 BEAU D'RUE DR 7915 UPPER 139TH CT W SAINT PAUL MN 55337-3604 EAGAN MN 55122 SAINT PAUL MN 55124-7351 GREGORY L PREUSSE HANNA&KATHLEEN NASR HANSEN METCALF ENT 1745 CRESTRIDGE LN %EXPRESS DONUTS 3990 BEAU DE RUE DR EAGAN MN 55122 3808 SIBLEY MEMORIAL HWY SAINT PAUL MN 55122 SAINT PAUL MN 55122-1412 HNH-CEDARVALE ASSOCIATES LP HUSSEIN D&JAMAL ANSARI JAMAL D ANSARI 3010 PLAZA VII TOWER 3945 SIBLEY MEM HWY 3830 SIBLEY MEMORIAL HWY 45 7TH ST S SAINT PAUL MN 55122-1415 SAINT PAUL MN 55122-1412 MINNEAPOLIS MN 55402-1614 Ick JEFFREY D&SARAH J SCHENDEL JENSEN JENSEN&JENSEN PTSHP JOHN E&KATHLEEN LUNDEEN 1009 99TH ST 2925 DEAN PKWY 611 8009 PENNSYLVANIA RD ROBERTS WI 54023-8405 MINNEAPOLIS MN 55416-4470 MINNEAPOLIS MN 55438-1134 JOHN R LACHENMAYER JOHN W FITZGERALD JOOS ELECTRIC CO 3986 BEAU D RUE DR %REALTY DESIGNS 3980 BEAUDRUE DR SAINT PAUL MN 55122-1403 3914 BEAU D RUE DR SAINT PAUL MN 55122 EAGAN MN 55122-1403 JOSEPH L&ELISE D STEINFELD JOSEPH R MILBAUER JOSEPH W&ELIZ KENNEALY %ASK FINANCIAL 3997 CEDARVALE DR 2115 SILVER BELL RD 4040 NICOLS RD SAINT PAUL MN 55122-1421 SAINT PAUL MN 55122-1023 EAGAN MN 55122-1906 LAWRENCE E TRST GROVEN LAWRENCE W&DONEENE WENZEL LEO MOGOL 2135 SILVER BELL RD 3600 KENNEBEE DR 1077 SIBLEY MEMORIAL HWY APT 106 EAGAN MN 55122-1033 SAINT PAUL MN 55122 SAINT PAUL MN 55118-3667 MARK S TSTE PARRANTO MARSHA H ELLINGSON METRO WASTE CONTROL COMM PARRANTO FAM TST%MARK 3900 CEDARVALE DR 230 5TH ST E 3914 CEDARVALE DR EAGAN MN 55122-1410 SAINT PAUL MN 55101-1672 EAGAN MN 55122-1410 METROPOLITAN WASTE CONTROL MICHAEL L HAZEL MICHEAL D CORBETT COMMISSION 2129 SILVER BELL RD 2125 WUTHERING HTS RD 350 METRO SQUARE BLDG SAINT PAUL MN 55122-1033 SAINT PAUL MN 55122-1029 SAINT PAUL MN 55155-0001 MINNEGASCO MINNESOTAS CREDITUNION MYERS REAL ESTATELLP %KATHERINE LACOY/11TH FL P 0 BOX 65068 3900 SIBLEY MEMORIAL HWY 800 LASALLE AVE BOX 59038 SAINT PAUL MN 55165-0068 EAGAN MN 55122-1414 MINNEAPOLIS MN 55402-2006 MYLO J MITZEL NAEGELE OUTDOOR AD INC NANCY L&DAVID R ANDERSON 2139 WUTHERING HTS RD 725 BROAD ST 2113 WUTHERING HEIGHTS RD SAINT PAUL MN 55122-1029 AUGUSTA GA 30901-1336 EAGAN MN 55122-1029 NOLAN&NOLAN NORMAN&PATRICIA VOGELPOHL NORTHERN NATURAL GAS CO 5607 CEDAR LAKE RD S 2616 40TH AVE S %PROPERTY TAX DEPT MINNEAPOLIS MN 55416-1421 MINNEAPOLIS MN 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WARROAD MN 56763-0100 SALT LAKE CTY UT 84102-1005 EAGAN MN 55122-1411 STATE OF MN STEVE J&JANE M MARTIN SUPERIOR COLLISION&PAINT INC %AUDITORS OFFICE 920 HARRIET AVE 3985 CEDARVIEW DR 1590 HWY 55 SAINT PAUL MN 55126-8061 SAINT PAUL MN 55122-1411 HASTINGS MN 55033-2343 SUSAN ENGLEBRECHT SUSAN M FOURNIER TIMOTHY J BEEBE 2121 WUTHERING HEIGHTS 2141 SILVER BELL RD 10517 UPTON CIR SAINT PAUL MN 55122-1029 SAINT PAUL MN 55122-1033 MINNEAPOLIS MN 55431-3729 U-HAUL REAL ESTATE CO UNITED STATES OF AMERICA USA FOR ADM BY USFISH&WILDLIFE PO BOX 29046 %AUDITORS OFFICE SRVC PHOENIX AZ 85038-9046 1590 HWY 55 BISHOP HENRY WHIPPLE FEDERAL HASTINGS MN 55033-2343 BLDG 1 FEDERAL DR VIRGO 76 ASSO WADE H&DEBRA L YARBROUGH WAYZATA BAY CTR CO ATTN TAX DEPT 12916 HAMLET AVE PO BOX 834 PO BOX 2731 SAINT PAUL MN 55124-9730 NEW ULM MN 56073-0834 HARRISBURG PA 17105-2731 WILLIAM&ILENE HAZEL WING K SETO 2131 SILVER BELL RD 4730 OAK CLIFF DR SAINT PAUL MN 55122-1033 EAGAN MN 55122-3301 S� ALAN PAYMAR LAWRENCE D&LESLIE HAUGEN PAUL BECKER 3908 SIBLEY MEMORIAL HWY 4096 HALITE LN 3908 SIBLEY MEM HWY SAINT PAUL MN 55122-1414 EAGAN MN 55122 SAINT PAUL MN 55122-1414 S� Agenda Information Memo May 4, 1999 D. PROJECT 765,ROBIN LANE SIDEWALK IMPROVEMENT ACTION TO BE CONSIDERED: To close the public hearing and approve Project 765 (Robin Lane — Sidewalk Improvements) and authorize the preparation of detailed plans and specifications and acquisition of easements through the quick take condemnation process, if necessary. FACTS: • On October 19, 1998, City staff received a petition from 41 property owners adjacent to or near Robin Lane requesting the installation of a sidewalk on the west side of Robin Lane. • On November 2, 1998, the City Council directed staff to prepare a feasibility report considering new sidewalk improvements along Robin Lane, from Blackhawk Road, on the east side of Highway 13,to Blackhawk Road,north of Silver Bell Road. • On April 6, 1999, the feasibility report for Project 765 was presented to the City Council and an informational meeting was scheduled to discuss the report with the neighborhood. • The informational meeting was held on April 22 at 7:00 p.m. in the Community Room at City Hall. Of the 61 properties proposed to be assessed, 35 owners representing 25 properties (41%) attended the informational meeting. • The final feasibility report provides details on the construction and cost of a 6' wide concrete sidewalk along the west side of Robin Lane. • The public hearing for Project 765 has been scheduled for May 4, 1999. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ISSUES: • A large majority of the residents who spoke at the neighborhood meeting opposed the construction of the proposed sidewalk. Opposition to the sidewalk was primarily related to the location of a sidewalk in the neighborhood and the estimated assessment costs. Support for a sidewalk was stated due to safety of children and pedestrian accessibility. • The estimated assessment amount is $2,196 per housing unit. The City's Assessment Policy states that the properties adjacent to any local neighborhood sidewalk improvement, on both sides of the street, are responsible for 100%of the cost to construct the sidewalk. Many of the original petitioners who desire the sidewalk are not proposed to be assessed due to this policy. • Only 7 of the original 41 petitioning properties are included among the 61 properties proposed to be assessed. Since this is less than 35%of the assessable properties, approval of Project 765 would require a 4/5 vote by the City Council. ATTACHMENTS: • Feasibility Report,pages through-157 . • Project Information Summary,page _. • Minutes From Informational Neighborhood Meeting,pages through . • Letters From Neighborhood Residents,pages through S� City of Eagan Report for Robin Lane Sidewalk Improvements City Project No. 765 Eagan, Minnesota March 1999 S� city of eagan March 23, 1999 PATRICIA E.AWADA Mayor Honorable Mayor and City Council PAUL BAKKEN City of Eagan BEA BLOMQUIST PEGGY A.CARLSON 3830 Pilot Knob Road SANDRA A.MASIN Eagan, MN 55122 Council Members THOMAS HEDGES City Administrator RE: Robin Lane Sidewalk Improvements Report E.J. VAN OVERBEKE City Project 765 City Clerk Dear Mayor and City Council: Attached is our report for the Robin Lane Sidewalk Improvements, City Project No. 765. The report presents and discusses the proposed improvements and includes a cost estimate and preliminary assessment roll. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Sincerely, 9iot-p. Gorder Development/Design Engineer I hereby certify that this report was prepared by me or under direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. ohn P. Gorder Date: 3-2 3- 5"l Reg. No. 22813 Reviewed By: �w'� 3 Z-5/", De t p,Pu c W s ate n Reviewed By: - 4 Fin ce Dept. Date MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY 3830 PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT EAGAN,MINNESOTA 55122-1897 EAGAN, MINNESOTA 51,122 PHONE:(651)681-4600 PHONE(651)681-4300 FAX:(651)681-4612 Equal Opportunity Employer FAX:(651)681-4360 TDD:(651)454-8535 '5v TDD:(651)454-8535 TABLE OF CONTENTS Letter of Transmittal/Certification Page Table of Contents Scope................................................................................................................................................. 1 Feasibility and Recommendations .................................................................................................... 1 Discussion ........................................................................................................................................ 1 Easementsand Permits...................................................................................................................... 2 CostEstimate ................................................................................................................................... 2 Areato be Included........................................................................................................................... 2 Assessments ................................................................................................................................... 3 Assessment Financing Options................................................................................. ....................... 3 RevenueSource.................................................................................................................................4 ProjectSchedule................................................................................................................................ 5 List of Appendices Appendix A - Preliminary Cost Estimate Appendix B - Preliminary Assessment Roll List of Figures Figure 1 - Location Map Figure 2—Petitioning Residents Location Map Figure 3 - Proposed Improvements Plan View Figure 4 - Existing & Proposed Typical Sections Figure 5 —Easement Acquisition Map Figure 6 —Assessment Area Map SI . Scope This project provides for the construction of a 6-foot wide concrete sidewalk along the west side of Robin Lane from the northerly intersection of Blackhawk Road/Robin Lane to the southerly intersection of Blackhawk Road/Robin Lane. The location is shown on Figure 1 at the back of this report. Robin lane is a 32' wide residential street, which was constructed as a public improvement in 1983. Extensive development has occurred on both sides of Robin Lane in the past few years. While some developments (namely the Centex Vermilion Additions) have constructed trails that connect to Robin Lane, there is not a completed connection to a City trail system at this time. This project was initiated in response to a petition from the residents living on Robin Lane or in developments adjacent to Robin Lane. One petition signature was from a resident who lives within the Hillandale neighborhood near Blackhawk Road approximately one mile south of the proposed project area. A map of the petitioning residents is shown on Figure 2. Although not part of the City's Master Trail Plan, this project provides for the interconnection of the proposed trail to be constructed with the Highway 13 upgrade (Project 709R) and the existing trail along Blackhawk Road at the south intersection of Robin Lane and Blackhawk Road. Feasibility and Recommendation This project is feasible from an engineering standpoint and will provide safe and continuous pedestrian circulation to the City and regional trail systems. This project is cost-effective in that the sidewalk system along Robin Lane will be constructed as a whole instead of in portions by individual development. Discussion This project provides for the construction of a 6-foot wide concrete sidewalk with a 6-foot boulevard green space adjacent to Robin Lane as shown on Figures 3 and 4. A 6-foot boulevard area is proposed in lieu of the City standard of 8 feet due to insufficient right-of-way. Topography and wetlands would also make the construction of an 8-foot boulevard difficult and cost prohibitive. While the majority of the proposed sidewalk will require minimal grading and landscaping disturbance, sidewalk along the side lot line of Parcel No. 010-81 would require more substantial grading (including retaining walls) and removal of some existing 1 10D trees. Typical sections for both the main sidewalk construction and the sidewalk with retaining wall construction are shown on Figure 3. This project also includes the removal of an existing roadway entrance along Robin Lane approximately 300 feet south of Brown Bear Trail that is no longer necessary for present or future development(Figure 4). Easements and Permits A majority of the proposed work with this project will take place within the existing right-of-way of Robin Lane. However, the section of proposed sidewalk adjacent to Parcel No. 010-81 will require additional easement to accommodate the sidewalk and retaining wall construction. A drawing of the necessary easement is shown on Figure 5. Cost Estimate A detailed cost estimate for this project is provided in Appendix A. The total estimated project costs are based on anticipated construction costs and include a 5 percent contingency and indirect costs of 30 percent which include legal, administrative, engineering and bond interest. The following is a summary of the costs: Robin Lane Sidewalk Construction $133,990* Remove Existing Driveway Entrance 3,42 TOTAL PROJECT COST $137,410 (* Includes Easement Acquisition Cost—Parcel 010-81) Area To Be Included Listed below are the properties proposed to be assessed and the construction area of the project. Assessment Area Lot 1, Block 1, Blackhawk Forest Lots 7-11, 16-20, Block 2, Blackhawk Forest Lots 1, 23, 24, Block 3, Blackhawk Forest Lot 061-00, Blackhawk Acres Lot 062-00, Blackhawk Acres Lots 1-8, 10-13, Block 1, Blackhawk Acres 2°d Addition Lots 1-4, Block 1 Blackhawk Acres 5th Addition(formerly O.L. A- BH Acres 2nd) 2 Lots 1-5, 7-14, Block 1, Blackhawk Acres 3rd Addition Lots 1 & 2, Block 1, Blackhawk Acres 4th Addition Parcel 10-01700-010-81 Lot 6, Block 1, Centex Vermilion Construction Area Lots 7-11 & 16-20, Block 2, Blackhawk Forest Lot 1,23 & 24, Block 3, Blackhawk Forest Lot 1, Block 6, Centex Vermilion Outlot A, Centex Vermilion 2nd Addition Lots 1-13, Block 1, Blackhawk Acres 2nd Addition Lots 1 & 2, Block 1, Blackhawk Acres 4th Addition Parcel 10-01700-010-81 Assessments Assessments are proposed to be levied to the benefited properties for the total improvement with costs allocated internally in accordance with the current City Special Assessment Policy for a sidewalk improvement along a local residential street. A preliminary assessment roll is provided in Appendix B located at the back of this report. An assessment map is shown on Figure 6. Local Sidewalk Improvements Assessed Ratio City Sidewalk Improvements 100% 0% Remove Roadway Entrance 0% 100% The City's current Special Assessment Policy does not differentiate between residential types when assessing for a local sidewalk project. Therefore, all residential properties, 61 total (38 townhomes, 23 single family homes) adjacent to Robin Lane are proposed to be assessed on a per unit basis. The estimated cost per unit (single-family or townhouse property) to be assessed based on the City Assessment Policy is $2,196/ unit ($133,990/ 61 units). 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 rate determined by the results of the bond sale used to finance the improvements. The following payment 3 4<� schedule will result based on an estimated 6.5% interest rate for the assessed amounts: Proposed Assessment= $2,196 Principal Interest Cost Per Year Per Year Per Year First Year $440 $143 $583 Fifth Year $440 $29 $469 Revenue Source A summary of revenue sources is listed below: Project Property City Cost Assessment Contribution Sidewalk Imp. $133,990 $133,990 -$0- Remove Entrance $3,420 $-0- (53.420) $137,410 $133,990 $3,420 The City's Major Street Fund will finance the estimated project deficit of$3,420. 4 1O3 Project Schedule Present Draft Feasibility Report/Order PublicHearing......April 6, 1999 Neighborhood Meeting..........................................April 22, 1999 Public Hearing......................................................May 4, 1999 Approve Plans and Specs/Order Ad for Bids..................June 1, 1999 Receive Bids/Order Final Assessment Public Hearing........July 6, 1999 Assessment Hearing.......................................... August 3, 1999 Award Contract............................................. September 7, 1999 Substantial Completion......................................November 1, 1999 I"Payment Due with Property Tax Statement................. Spring, 2000 5 Yq APPENDIX A ROBIN LANE SIDEWALK IMPROVEMENTS CITY PROJECT NO. 765 PRELIMINARY COST ESTIMATE Part 1. Robin Lane Sidewalk Unit Total Item Otv. Unit Price Price Concrete curb removal 300 L.F. $8 $2,400 B618 Concrete curb & gutter 250 L.F. 17 4,250 Common excavation 650 C.Y. 8 5,200 Rem. Ex. Bit. Pvmt. 200 S.Y. 3 600 Sawcut Bit. Pvmt 135 L.F. 3 405 Clear 15 EA. 180 2,700 Grub 15 EA. 150 2,250 4" Concrete sidewalk—6' wide 17,440 S.F. 2.50 43,600 4" Sand base 300 C.Y. 9 2,700 6" Conc. Sdwk. 360 S.F. 3.80 1,370 6" Conc. Drwy. Apron 44 S.Y. 36 1,585 Sod w/4"topsoil 2,400 S.Y 6 14,400 Modular Block Retaining Wall 660 S.F. 20 13,200 Adjust Manhole 2 EA. 200 400 Crosswalk striping 1 L.S. 500 500 Crosswalk signage 1 L.S. 300 300 Subtotal $95,960 +5% Contingency 4.800 Subtotal $100,760 +30% Indirect Costs 30.230 Subtotal $130,990 + Easement Costs—Parcel 010-81 $3,000 Total Sidewalk Costs = $133,990 Part II. Removal of Driveway Entrance Unit Total Item Qiy—. Unit Pric Sdwk. Price Concrete curb removal 115 L.F. $8 $920 B618 Concrete curb & gutter 65 L.F. 17 1,105 Rem. Ex. Bit. Pvmt. 95 S.Y. 3 285 Sawcut Bit. Pvmt 65 L.F. 3 195 Subtotal $2,505 +10% Contingency 125 Subtotal $2,630 +30%Indirect Costs 790 Total Removal Cost $3,420 Total Project Cost $137,410 W� APPENDIX B ROBIN LANE SIDEWALK IMPROVEMENTS CITY PROJECT NO. 765 PRELIMINARY ASSESSMENT ROLL Parcel PIN No. of Assessment Total Units Rate Assessment Blackhawk Acres Block 1 Lot 613745 Blackhawk Rd 10-14300-061-00 1 $2,196 $2,196 Lot 62 3770 Robin Lane 10-14300-062-00 1 $2,196 $2,196 Subtotal 2 $4,392 Blackhawk Acres 2n Block 1 Lot 1 3760 Robin Lane 10-14301-010-01 1 $2,196 $2,196 Lot 2 3758 Robin Lane 10-14301-020-01 Lot 3 3756 Robin Lane 10-14301-030-01 Lot 4 3754 Robin Lane 10-14301-040-01 Lot 5 3752 Robin Lane 10-14301-050-01 Lot 6 3750 Robin Lane 10-14301-060-01 Lot 7 3748 Robin Lane 10-14301-070-01 Lot 8 3746 Robin Lane 10-14301-080-01 Lot 10 3744 Robin Lane 10-14301-100-01 Lot 11 3742 Robin Lane 10-14301-110-01 Lot 12 3740 Robin Lane 10-14301-120-01 Lot 13 3738 Robin Lane 10-14301-130-01 Subtotal 12 $26,352 Blackhawk Acres 3` Block 1 Lot 1 3753 Robin Lane 10-14302-010-01 1 $2,196 $2,196 Lot 2 3755 Robin Lane 10-14302-020-01 Lot 3 3757 Robin Lane 10-14302-030-01 Lot 4 3759 Robin Lane 10-14302-040-01 Lot 5 3761 Robin Lane 10-14302-050-01 Lot 7 3787 Robin Lane 10-14302-070-01 Lot 8 3785 Robin Lane 10-14302-080-01 Lot 9 3783 Robin Lane 10-14302-090-01 Lot 10 3781 Robin Lane 10-14302-100-01 Lot 11 3779 Robin Lane 10-14302-110-01 Lot 12 3777 Robin Lane 10-14302-120-01 67 Parcel PIN No. of Assessment Total Units Rate Assessment Lot 13 3775 Robin Lane 10-14302-130-01 Lot 14 3773 Robin Lane 10-14302-140-01 Subtotal 14 $30,744 Blackhawk Acres 4 Block 1 Lot 13685 Robin Lane 10-14303-010-01 1 $2,196 $2,196 Lot 2 3689 Robin Lane 10-14303-020-01 1 $2,196 $2,196 Subtotal 2 $4,392 Blackhawk Forest Block 1 Lot 1 1863 Red Fox Rd 10-14325-010-01 1 $2,196 $2,196 Subtotal 1 $2,196 Blackhawk Forest Block 2 Lot 7 3676 Robin Lane 10-14325-070-02 1 $2,196 $2,196 Lot 8 3672 Robin Lane 10-14325-080-02 Lot 9 3668 Robin Lane 10-14325-090-02 Lot 10 3664 Robin Lane 10-14325-100-02 Lot 11 3660 Robin Lane 10-14325-110-02 Lot 16 3656 Robin Lane 10-14325-160-02 Lot 17 3652 Robin Lane 10-14325-170-02 Lot 18 3648 Robin Lane 10-14325-180-02 Lot 19 3644 Robin Lane 10-14325-190-02 Lot 20 1860 Red Fox Rd 10-14325-200-02 Subtotal 10 $21,960 Blackhawk Forest Block 3 Lot 1 3715 Brown Bear Trl 10-14325-010-03 1 $2,196 $2,196 Lot 23 3677 Robin Lane 10-14325-230-03 1 $2,196 $2,196 Lot 24 3681 Robin Lane 10-14325-240-03 1 $2,196 $2,196 Subtotal 3 $6,588 3755 Blackhawk Rd. 10-01700-010-81 1 $2,196 $2,196 Blackhawk Acres 5 Lot 1 3682 Robin Lane 010-01 1 $2,196 $29196 Lot 2 3684 Robin Lane 010-02 Lot 3 3686 Robin Lane 010-03 Lot 4 3688 Robin Lane 010-04 IF IF Subtotal 4 $8,784 Vim Parcel PIN No. of Assessment Total Units Rate Assessment Centex Vermilion Block 1 Lot 6 3620 Vermilion Ct. N. 10-16935-060-01 1 $2,196 $2,196 3622 Vermilion Ct. N. 3624 Vermilion Ct. N. 3626 Vermilion Ct. N. 3628 Vermilion Ct. N. 3630 Vermilion Ct. N. 3632 Vermilion Ct .N. 3634 Vermilion Ct. N. 3636 Vermilion Ct. N. 3638 Vermilion Ct. N. 3640 Vermilion Ct. N. 3642 Vermilion Ct. N. Subtotal 12 $26,352 Total Units = 61 Total Assessment = $133,990 Q a /Z_j I YANKEE DOODLE ROAD ( CO. RD. 28) / F LL 1� PROJECT LOCATION DFOXRD. ao m \ SILVER BELL RD. ESCOTT RD. CITY HALL Y 07 s z < DRNE � D a � � Q e 01FF1Ey RSD (CO.RD.30> DIFFLEY ROAD W O U W / o a G:PROJ.DRWGS ROBINLNSDWK 0C PUBLIC FIGURE NO WORKS DEPARTMENT PROJECT LOCATION MAP City of Eagan -7� .. ........... 4 012-02 011-02 F\Flt X R0-4D R 010-78 8 7 w a S POOL RW A- : is . P L 2 030-78 0 to 2 RW 4 46 13 1 12 e2 OL RW dIll 102 3 2 9 3R. 2 1p a 10 9 7 2 1 /V �73 2 12 4 7 D MI-73 3 3 CENTEX 3 16/V 030-75 3 ON 3 2 24 AQDl VON 3 13 W& 4 040-75 2 1 GW 7 2 ZO > 050-75 4 CIC 175 > 4 ON-75 2 NNIS TENNIS RTS COURTS Z Z llk� F OOLe 092-00 061-OD 070-75 3 3 j AY AREA CR OU'?S 2 2 POOL 010-87 3 ADDRESSES PER MULTI FAMILY UNIT PETITIONING FOR SIDEWALK SINGLE-FAMILY UNITS PETITIONING FOR SIDEWALK EXISTING SIDEWALK OR TRAIL G:PROJ.DRAW NGS/ROBIN LN SDV9K/PE TITIONERSLOC PUBLIC FIGURE NO. WORKS DEPARTMENT PETITIONING RESIDENTS 2 City ty of Eagan LOCATION MAP O 30' 6' 6' BLVD. 6' �2%MIN. 2% VARIABLE_ ( CONC. SDWK. 6" THROUGH DRWYS.) GRANOR MATERIAL ROBIN LANE SIDEWALK oR 4CLASS 5 —100 CRUSHED ROCK— TYPICAL SECTION MNDOT 3138-1 z w w O Q w VARIES 16' 6' BLVD. 61 E SLAP / Modular Block Retaining Wall— _ <-2% Vorioble Height 2% MIN. 4" CONC. SDWK. GRANULAR MATERIAL OR 4" CLASS 5 —100% CRUSHED ROCK— MNDOT 3138-1 ROBIN LANE SIDEWALK TYPICAL SECTION WITH RETAINING WALL THROUGH PARCEL 010-81 G:PROJ.DRWGS/ROBINLNSDWK/TYPSEC PUBLIC FIGURE NO. WORKS ROBIN LANE SIDEWALK IMPROVEMENTS DEPARTMENT TYPICAL SECTIONS 3 City of Eagan mm Q . � ...: 4 5 6 3 1 0u-02 on-a2 CD• 1 X ROAD R 21 22 23 2 29 010-78 r z, s e 7 6 �.. 20 25 26 27 28 Z :, 0 � y;� 8 7 W6 ZND 19 020-78 `: POOL RW URI..., 18 P L �RG1� 6 17 0 030-78 '. C 5 1 Vis. 1 2 1 16 RW is Q15 1 1 4 7 7 6 12 ; H: 1 11 2 y OL 3 ^ 8 10 2 V: V 9 3z 8 9 RM /0 2 'Qo�� e 4 S >a ti DRWY. ENT. REMOVAL LOC. 7 2 au1RoT o 3Z `qti 5 <. 011-75 CF�TF - 3 3 2 12 3 E . 4 F 22 2 MV yk A r , �� 24 s 2 - 030-73 ,N 3 d9 ']^ i3 GAP 3 0 040-75 2 VO 6 21 t 4 N�= CAP O/ OUTLOT Z/ ' T D 050-75/ t 7 20 2 ao- 1 J /O + a a s D m D 2 2 / e (Y- 19 � o � 4 �t 04 007 ;h 080-75 NNIS TENNIS 9 O yq t m S C RTS COURTS 10 s gOOfS ; OL 11 18 e a 4 082-00 obi-oo 070-75 P AY AREA 17 TENNIS P00 12 16 COURTS t oto-61 13 15 3a s 314 21 PARKING PARKING aat a + PO& I N EX. TRAIL LOCATION � SIDEWALK LOCATION G:PROJ.DRAWINGS/ROBINLNSDWK DWKLOC PUBLIC FIGURE NO. WORKS DEPARTMENT SIDEWALK LOCATION MAP 4 City of Eagan -�3 4 a 1 ci 5 D 6 : 062- 00 061 00 2 0 13 4 29+00 0+0 30+86. 5 .. --- I 010 - 81 5 6 PROPOSED 6' CONCRETE SIDEWALK PROPOSED 10' TEMPORARY CONSTRUCTION EASEMENT (2,450 SQ.FT.) PROPOSED PERMANENT SIDEWALK EASEMENT (1 ,610 SQ.FT.) G:PROJ.DRWGS/ROBINLNSOM(/ESMTACO WORKS ROBIN LANE SIDEWALK IMPROVEMENTS FIGURE NO. DEPARTMENT EASEMENT ACQUISITION MAP 5 City of Eagan 4 3 012-02 Ott-02 2 CD '' <»::;. X ROAD R <:. 22 3 2 29 21 2 010-76 6 7 6 E.... 7- 25 -25 26 27 28 7r0 #?�i";:'i':i> '..y;i:;• 020-76 POOL R v RW 0PO X 0 0 v N v v R G 0 o3o-7e s 10 ++ 5 14 1 2 Rw 4 7 7 s 2 OL 12 3 8 !� s 2 9 10 11 /O/v ��AA--•:::::::::: :::::::.::.:::. C� 32 3 T 4 H 22 t 1 030-75 5 .i :<r..' , mo- t3 2 04021 -75 3 6 CAP T ;;;; ; 2:: � OSO-73 4 3 2 B m 2 19 ;ii ;i:; �i!i y�i; 4 ai-pp� 060-75 5 9 '..: {`het::.'::: ;.. :. NNIS TENNIS 'V �";t"E C URTS COURTS 10 :ii 7jy;,•;:: >`<: OL18 6 %IaQ !`.a9QD o70-75 it P AY AREA 17 TENNIS 12 i6 POO COURTS 15 21 a 13 s a 314 ,'' : ' PO& Lz UNIT CHARGE ASSESSMENT AREA G:PROJ,DRAWINGS/ROBINLNSDWK/ASSESSMT PUBLIC FIGURE N0. WORKS ASSESSMENT AREA 1 > DEPARTMENT 6 City of Eagan LOCATION MAP S ROBIN LANE PROPOSED SIDEWALK IMPROVEMENTS PROJECT 765 Preliminary Proiect Schedule • October, 1998 Petition Received From 41 Properties in Robin Lane Area • November 2, `98 City Council Authorizes Feasibility Report • April 6, `99 Present Feasibility Report to City Council/Order Public Hearing • May 4, '99 Public Hearing—Council Orders Plans& Specs or Denies Project • June, `99 Approve Plans& Specifications • July, `99 Award Contract • August, `99 Construction Begins • October, '99 Construction Completed • February, '00 Final Cost Report • April, '00 Final Assessment Public Hearing • May 15, 2001 1St Installment Payment Due With Real Estate Property Taxes Preliminary Costs—Feasibility Report • $133,990 Sidewalk Improvements—Robin Lane • $3,420 Remove Existing Driveway on Robin Ln(South of Brown Bear Trail) • $137,410 Proposed Total Project Cost • $133,990 (98%) Proposed Assessed to Property Owners (100% of Sidewalk Costs) • $3,420 (2%) Proposed Financed by the City of Eagan Proposed Special Assessments • Proposed Assessment: $2,196 per residence unit (23 single-family houses, 38 townhouses) • Prepayment option with no interest available for 30 days after Assessment Hearing • Any unpaid balance is certified to county to be collected with property taxes over 5 years • Interest rate is calculated on any remaining unpaid balance at the end of each year • Interest Rate- 6.5% (Assumed) • $583 per year 1"year $48.58 per month 1St year • $469 per year 5th year $39.08 per month 5th year CITY PROJECT NO 765 INFORMATIONAL NEIGHBORHOOD MEETING ROBIN LANE SIDEWALK PROJECT THURSDAY,APRIL 28, 1999 7:00 P.M. COMMUNITY ROOM Attendance: Russ Matthys, City Engineer; John Gorder, Development/ Design Engineer; Dale Ronning, Engineering Technician; 35 people representing 25 properties (see attached sign-in sheet). A. Welcome and Introduction • City Engineer Matthys welcomed the residents and summarized the project then introduced Development/Design Engineer Gorder. B. Presentation of Project Details • Development/ Design Engineer Gorder provided a presentation of project details relating to the construction, costs, schedule and assessments. C. Questions/Comments 1. If there is land acquisition involved with the project, is the land owner forced to sell to the city? The City tries to avoid encroaching on private property for public improvements by remaining within the public right-of-way or easements. However, to maintain design standards in some cases there is a need to obtain additional land. If an agreement cannot be reached between the City and the land owner for the acquisition, the condemnation process, or `taking' of the needed land is the only other alternative. 2. What is the legal source for the assessment policy? The City Council adopted an assessment policy in 1990 for financing public improvements within Eagan. 3. Why didn't the City notify the residents that would be affected by the project prior to the preparation of the feasibility report to see if there was interest in a sidewalk? The number of signatures on the petition for the sidewalk convinced the City council that there was enough interest to warrant a feasibility study. The first question typically asked when a project is proposed is how much will it cost. In order for the City to respond properly to this and other questions, a feasibility report is prepared that outlines the scope of the project and costs involved. 4. Why can't all people who signed petition be assessed for the sidewalk? The assessment policy does not allow the City to assess people who do not abut the affected improvement, or roadway. 5. How many petitioners live on Robin Lane and are proposed to be assessed? There are seven petitioning households that abut Robin Lane and are proposed to be assessed for this project. 6. Why is the sidewalk proposed on the south side of the street? The sidewalk is proposed there to minimize the impacts on front yards and wetlands. The existing topography better suits sidewalk construction on the south side as there would be less grading involved there. With the exception of a couple areas, the boulevard would only need minor shaping to accommodate a sidewalk. 7. How many trees will be lost with the sidewalk construction? Approximately fifteen trees will be lost due to the sidewalk construction. Ten of the fifteen trees are located in the area where the retaining wall would be constructed, near the east end of Robin Lane. 8. If the sidewalk was installed, who would be responsible for winter maintenance? The current City policy for sidewalk maintenance does not require the abutting property owner to remove snow. As of this past winter, the City implemented contract snow plowing routes throughout the City. This area would probably not be included in the contract routes. 9. Can the property owners object to the assessment? Unless the resident has signed a waiver of assessment appeal, anyone who is assessed for an improvement can object to and appeal their assessment. 10. What impact would the Highway 13 improvement have on the sidewalk? There is a proposed trail along the southeast side of Highway 13 that would make a connection to this sidewalk and the existing trail along Blackhawk Road. There would be no other impact to the Robin Lane sidewalk. 11. Can the City install speed bumps or some other type of traffic calming devices to slow down the vehicles traveling on Robin Lane? Speed bumps are not something the City desires because of winter maintenance problems. Other methods, which would involve traffic studies, could be addressed at a later date. An immediate suggestion was to have the residents note the speeding vehicle's license plate number and report it to the police department. Peer pressure can also be successful. 12. Has there ever been a traffic study done on Robin Lane? To date there has not been a traffic study performed on Robin Lane. Resident commented that he felt there was not a lot of traffic on Robin Lane. 13. Resident who was part of the group that started the petition spoke on the reasoning behind the petition. He stated that the real concern was pedestrian safety and that the original idea was to have everyone in the area help pay for the sidewalk. He was not aware of the assessment policy prohibiting this. He also 70 commented that the City should have had Maplewood Development, the developer of Blackhawk Forest, install the sidewalk as part of their development plan. 14. The $2200.00 assessment is not the biggest issue with not wanting the sidewalk. My main concerns are the environmental impacts such as tree loss and wetland damage. Other residents stated they just did not want a sidewalk. 15. Why are the Townhouse units on Robin Lane paying more of the total cost of the sidewalk than the single-family units according to front-footage? The assessments are based upon equal housing unit charges. The costs have been distributed on a potential usage basis rather than a property value benefit. 16. How do we inform the council of our opposition to this project? City Engineer Matthys suggested putting their concerns in writing and sending them to the City Council through him before the next council meeting. G:TECHSIDALE/MINUTES-ROBINLANE SIDEWALK INFORMATIONAL MEETING ROBIN LANE — SIDEWALK IMPROVEMENTS PROJECT 765 THURSDAY, APRIL 22, 1999, 7:00 P.M. NAME ADDRESS 2. 3-7 7,5— 3. 4. V PP-6- l *lvl rW�� E S E bi 5. ��R�IC J�c�lf - -?l/,5f &1311,) J. k) 6. 7. M Lc -Nc, l 4J 1�c- x 8. 9. 10. 1v�°y` 12. E 13. uD2;-vy � -jpD� �l �fJC ��52- Gf� ij 14. 15. 16. paDCMno-, Sc,xLr, 6018. 17. p 19. J' � G:FORMS/SIG I .Sheet NAME ADDRESS 21. C ►� l l�A f 1�� b2- '��1� ?flop 22. E /5✓ow 24. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. �l We,the vadersigned,reject the proposal to construct a sidewalk Along the east or west side of Robin Lane. Address Date e Name Address Date 3115 ` 6- ., - 4 -X Name Address Date _ .3783 ��1�� 3/j6/9 9 Address � Date N Address. Date Address Date Ali Add-rew Date Name Address Date nlxr, 14a 37SO Lam � Name Address Date Name Address Date ' e Address Date 16- 19 Name Address Date 1N Address Date i c -2�� 5 C �-c��i.. -C 1 Name Address Date avdL v Nai®e Address- Date t)4� JaI011, �q y). )�)6,,,V 44-9 Name Address Date J We,the undersigned,reject the proposal to construct a sidewalk along the east or west side of Robin Lane. -?6-7 44x A� N Add-ress Date eo N Address Date Name � Jz°m e terve} Address Date I t-Ox V16�R5 Name Address Date 1 ( ' 5- `l jI-`d N --- A" 3 Date Name Address Date i -3773 7/q q Address Date Same Address Date 3-7 Name Addrem Date 3 7f7 / 'o ,a znr , Y/(7 Name Address Date 376/ 1-) `.r.. //7/9? Name Address Date Name Address D Name � Add-rem Date 1 n _ a!��4z C - /7, ��Y e- 37/5 N Address Date 364'1 NAM Address Date .0- 37,5- 3, 441.'. Name P, Address Date 83 the undersigned,reject the proposal to construct a sidewalk along the east or west side of Robin Name Address Date Naate Address Date Name AW"m Date sate ` Address Date Name \ v Address t Date ''�----`.�,.J,o.._ R. `�ay.�.�y-u �J�'S�— �tO•c�KV�.o�.�,.1'�� 1 Z�l�y Name Sow. Address Date 3G /.V/ Ly, ,F Natee Address Date Naas Address I Date C�7 N i s' �'a^,--�a-,� �1l13 Z �2 ( (�'I i � � a � �•N �-/2��g� Name Address Date Name Address Date Name Address Date Name Address Date Name Address Date Name Address Date Name Address Date Name Address Date April 27, 1999 TO: Mayor Patricia E. Awada, Council Members Paul Bakken, Bea Blomquist, Peggy A. Carlson, and Sandra A. Masin FROM: Brenda K. Rohrich 3779 Robin Lane Eagan, MN 55122 RE: Project 765, Robin Lane - Sidewalk Improvement On April 22, 1999, I attended the Informational Neighborhood Meeting regarding the proposal of a sidewalk on Robin Lane. The letter from Russ Matthys, P.E. dated April 13, 1999, was the first time I ever heard anything about a petition or a feasibility report being conducted on the construction of a sidewalk. I found it very interesting that the petition received by the City Council only included four property owners residing on Robin Lane and the other 37 lived else where. That alone should have presented the fact that there was not an interest of Robin Lane property owners for a sidewalk. At the meeting, I kept hearing the word "improvement". A sidewalk on Robin Lane would be a "detriment" and not an"improvement". Robin Lane is a beautiful street in a wooded area with ponds and very nice homes and town homes. The construction of a sidewalk would deter the beauty and give the street a commercialized look. I believe people need to take responsibility for where they walk and when driving be courteous to pedestrians. It is my hope, that after reading the minutes taken at the neighborhood meeting, reviewing the petition rejecting the sidewalk, and letters from Robin Lane property owners, that you would reject the project at the Public Hearing scheduled on May 4, 1999. 1 am asking you to please take the time to drive down Robin Lane before the meeting to see a sidewalk would be a"detriment"to the beauty of our street. Thank you for taking the time to read my letter and take into consideration the feelings of Robin Lane property owners. 8S Kirk and Marne Sall 3677 Robin Lane Eagan,MN 55122 City Of Eagan Eagan City Council Members 3830 Pilot Knob Road Eagan,MN 55122 April 24, 1999 Rezardiny. Proposed Sidewalk Improvement in Blackhawk Forest on Robin Lane#765 Honorable Mayor Pat Awada: After attending the informational meeting regarding the sidewalk issue held Thursday, April 22 at 7:00pm,we have concluded that this project has no merit and will be a severe detriment to our neighborhood. We moved into this area from another part of Eagan due to the nature,wildlife habitat and calming natural views of trees and ponds. The amount of wildlife;deer,ducks,geese, songbirds and other wildlife WILL BE AFFECTED. • The informational meeting indicated as many as 15 trees would need to be removed along the sidewalk path —habitat for many, many birds,insects and squirrels. (a collective cry was heard from the attendees) • The sidewalk will infringe on 2 large ponds that are homes for water nesting species of birds;ducks and geese. The construction of the 6-foot boulevard and 6 foot sidewalk will butt up against the ponds,creating a distraction to the wildlife and natural beauty of the area. Displacing ANY MORE wildlife from the area is a shame. • The house on the corner of Blackhawk and Robin Lane has already lost too many trees from last years storm,they stand to loose many more and will suffer more disgrace at having their land encroached upon. Blackhawk Forest is a special place in Eagan,and the name BLACKHAWK FOREST is exactly that. I can look out a window and see geese and ducks nesting in a pond only 10 feet away from the proposed sidewalk addition. I want my kids and others to be able to enjoy this sight—that is why we moved here in the first place. As for the concerns of the petitioners for the sidewalk, it appears to be more of an issue on cars traveling too fast on Robin Lane. Well,we have lived here for 3 years we have had observed absolutely zero instances of bodily harm or property damage. We walk TWO dogs and occasionally jog the route using good old COMMON SENSE. We have never been worried or afraid of cars passing us,or had any"close-calls".It may be true that some automobiles exceed the speed limit,but everything taken together,the street is safe. Besides, the installation of a sidewalk will in NO WAY slow traffic down. Also, the original petition for the sidewalk was NEVER seen or signed by a majority of homeowners directly affected by the legal assessments for the sidewalk. It's ludicrous to make hardworking families pay for a sidewalk that someone not directly affected wants,especially when there is an overwhelming amount of directly affected homeowners AGAINST the sidewalk. A simple yet effective plan to reduce the OCCASIONAL speeding automobile is what is needed here for those concerned about speeding cars. A few better placed 30MPH signs at both entrances is a very good start. Sincerely, / Kirk and Marne Sall Tk Kirk and Marne Sall 3677 Robin Lane Eagan,MN 55122 City Of Eagan Eagan City Council Members Eagan,MN 55122 April 25, 1999 Re¢ardina: Proposed Sidewalk Improvement in Blackhawk Forest on Robin Lane#765 Honorable Mayor Pat Awada: Several impromptu meetings have been held with many directly affected homeowners and townhouse owners the last few days,and we still think the idea has no merit at this time. The sidewalk idea was just that,an idea by a few people thinking it would improve our neighborhood. But, there was never any foresight into the negative affects of the sidewalk: • Natural habitat for waterfowl and other pond life—no apparent environmental impact statements or studies have been done. • No impact studies on how the loss of additional trees in the area will affect property values and wildlife. • No study on the real benefits a sidewalk would provide. Will this really increase the salability and value of our homes in this area? Is the price justifiable by any foreseen benefits? • No discussion on any of the REAL issues regarding the occasional speeding automobile—again,a sidewalk will not slow traffic down. There is still an overwhelming majority of homeowners and townhouse owners that object to the sidewalk project. This majority of owners are the owners directly responsible for any assessments from the project. Again,from my previous letter,most of us moved here for a reason. The Blackhawk Forest is a special nook of wildlife, trees and natural features making it a special place for our families and those who visit, even from other areas of Minnesota. We can not watch the degradation of any more land for reasons that have not been studied fully and carefully thought out with some common sense. Thanks for your time and consideration. Sincerely, 7 Kirk and Marne Sall 8� April 26, 1999 Mary and Michael Schroeer 3685 Robin Lane Eagan, MN 55122 RE: Project 765, Robin lane— Sidewalk Improvement To: Russ Matthys, Patrica Awada, Paul Bakken, Bea Blomquist, Peggy Carlson, Sandra Masin, Thomas Hedges, Tomas Colbert, John Gorder, Regarding the Informational Neighborhood Meeting on April 22,1999, I'd like to address some concerns regarding the sidewalk improvement on Robin Lane. I'm very opposed to having the sidewalk built in our front yard. I contacted most of you by phone last Friday and discussed the details and wanted to recap the highlights so they can be addressed at the Public Hearing scheduled May 4,1999. OUESTIONS: • Out of the 41 people who petitioned to have the sidewalk added only 8 petitioners live on or adjacent to Robin Lane so only 8 petitioners are homeowners who will actually be assessed for the sidewalk. All the other 33 petitioners live on other streets. As stated in the proposed sidewalk improvements details "proposed special assessments" there are 23 single-family houses and 38 townhouses, for a total of 61 accessed houses. So if you take the 8 original accessed petitioners divided by the total 61 assessed you get 13%. Is that a high enough percentage to even have spent the money on the Feasibility Report? • We live on the West Side of Robin Lane and would have at least 12 feet of our front yard taken up by this project. All of the 6 petitioners that live on Robin Lane live on the East Side of the road. Why can't the sidewalk be on the East Side? • $2196, plus 6.5% interest ($2800) is a lot of money for something we don't want. Thank you for your time, looking forward to talking to all of you on May 4th Sincerely, Mary and Michael Schroeer S 00 April 24, 1999 re: Robin Lane sidewalk improvement Dear City Council Members, I am a resident at 3755 Robin Lane,and felt that I needed to write this letter in response the the recent petition, that we all so well are aware of,proposed for Robin Lane. I am strictly against a sidewalk for several reasons. The first reason being the cost being beard 100%by myself and the rest of the residence on Robin Lane. In regards to this reason, I feel it should be brought up that I was not notified of any petition until it had already been brought to the city for review. This is somewhat crazy, since I am directly affected,and will have to pay for this so-called improvement. I can not understand how this was even brought to and taken as far as it has without notifying the residents who live on this street. I understand that many of the people on the original petition live on off-streets of Robin Lane, incur not cost for this sidewalk, and are not directly affected by it,yet they seem to be the influencing factor of this whole discussion. I can not believe that the City of Eagan can take a petition this far without asking the persons directly affected by this project their opinion,it should have never gotten to this point in city government. It is my feeling that your city engineers have already wasted allot of time and energy surveying and drawing up plans and estimates for a project that the majority of the resident of Robin Lane knew nothing about and are not in favor of. What a shame,our tax payer money being so poorly used The way the city policy and proddem-work,really need to be reviewed and revised to make them more efficient and effective. Secondly,I have lived on Robin Lane for almost five years now,and have seen enough of the land developed and destroyed. There used to be a time that it was all wooded except for the four townhome units on the south end We used to have allot of wildlife,now we have very little. My understanding is that fifteen more trees will need to be taken out and we may affect the wetland. I think enough damage has been done. The reason the people in favor of this project petitioned for a sidewalk was mainly because of the traffic and speed of vehicles on Robin Lane. Sidewalks will not change this, it is a speed control issue,one that we need to be aware of. This something the city can help us with and give suggestions as to how to change this. It was obvious that at the first neighborhood meeting last week,that majority of residents on Robin Lane do not want this so-called improvement carried out. It is my hope that you as City Council Members will clearly see this and listen to us. We will be at the May 4, 1999 meeting in full force,opposing this project. Thank you for your time in this matter, Sincerely, r, Kandra Thomforde 3755 Robin Lane Eagan,MN 55122 April 28, 1999 Mayor Pat Awada 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Mayor Awada, We are writing to urge you vote against proceeding with Eagan Project 765 regarding a proposed sidewalk on Robin Lane. We feel strongly that the project is unnecessary,that it would be a significant waste of money, and that it would certainly not be an"improvement". Perhaps the most compelling reason to reject this project is that residents who will bear the cost—those owning property that borders the proposed sidewalk—do not want it. True, a petition last fall prompted the feasibility study for a sidewalk improvement. Of the forty-one original petitioners, however, less than ten own properties that will be assessed. Of that small number, some have now changed their minds. A recent petition circulated among property owners actually facing assessment showed that a majority are against the project. This sentiment was reinforced by the turnout at the April 22nd neighborhood informational meeting at City Hall. Only one resident,the circulator of the original petition, spoke in favor of the sidewalk. We believe the sidewalk would negatively impact the area aesthetics. According to the City Engineer, at least 15 trees would be destroyed along with bushes and other natural habitat. For much of the proposed route,the sidewalk would border on existing wetlands and could ultimately have a negative effect on those wetlands, impacting the frogs, fireflies,birds, waterfowl, and other wildlife that inhabit the area. Maintenance of the sidewalk and adjacent grounds is also problematic. Due to large lot sizes, some residents responsible for its upkeep might be unwilling or unable to perform the necessary maintenance, especially in the winter. In the original petition, increased safety was cited as the reason for proposing the sidewalk.We believe a sidewalk will not, in and of itself, improve safety. To our knowledge, Robin Lane is as safe as, or safer than, most other streets in Eagan or other suburbs. We have walked along Robin Lane many times and have never felt unsafe. Others at the neighborhood meeting expressed the same belief. Recently, we have spent time monitoring auto traffic and, although we don't have access to a radar gun, it seems to move close to the speed limit. Many who would use the sidewalk would still have to cross Robin Lane to use it, and in the winter it would probably be unusable. Once again, we urge you to vote against Eagan Project 765, Robin Lane-Sidewalk Improvements. Thank you for your consideration. Sincerely, Gary and Susan Muilenberg 3648 Robin Lane �U APR. 20. 1999 8: 53AM 16128900535 N4, 9316 P. 1/1 April 24th, 1999 Russ Matthys, P.E. City of Eagan, Engineer 3830 Pilot Knob Road Eagan, MN 55122 RE: Project 765, Robin.Lane-Sidewalk Improvement Dear Russ: Thank you for your letter of April 13th, 1999 regarding the above mentioned project. Since this was the first communication that most of us received your comments are appreciated. For the record, I want you to know 1 am not in favor of this particular project, for various reasons. I am concerned that a small number of residents on this street are being asked to pay for improvements that benefit a large number of people that do not live on Robin Lane. In other words,the distribution of the expense is not equitable. In addition, the City of Eagan's methodology used to enact these types of improvements should probably be examined. I am one of the residents that lives on Robin Lane, and would therefore be asked to pay for the sidewalk improvements, and I wasn't even aware this process had started until 1 received your letter. Russ, is there anyone I can speak with at the City of Eagan that knows what the average assessment per household has been for sidewalk improvements? It would be very helpful to have this information prior to the April 22nd meeting- Thank you for your assistance! Sincerely, *Awl Kathryn A. Dircz 3753 Robin Lane Eagan, MN 55122 Work Phone: 612/707-8238 Home Phone: 651/405-9357 Fax: 612/890-0535 I ' April 25, 1999 Russ Matthys City Engineer Municipal Center 3830 Pilot Knob Rd Eagan,MN 55122 Dear Mr.Matthys: As you are aware from the voices of most of the people at the April 22nd meeting,we are opposed to the building of Project 765,Sidewalk"improvements". I have lived on Robin Lane for 10 years and have felt no need for a sidewalk. The other disappointing thing about Robin Lane today is the major development of the homes along the road. It was great when we could enjoy the wildlife and the quietness of the community. But,with all of the development and squeezing in of all the homes along the road,it has taken away our wildlife and joy of solitude. I adamantly oppose a sidewalk on Robin Lane. I feel it would take away from the community rather than add to it. Thank you for letting me voice my opinion. Sincerely, Sharon Beebe 3752 Robin Lane Eagan,MN 55122 April 27, 1999 City Council of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor and City Council, It is our wish that the City Council NOT desecrate the esthetic beauty of Robin Lane by cutting do«n more trees, laying down more concrete and encroaching more on die existing wildlife areas. In the opinion of 70%of the properly owners contacted,the sidewalk"Improvement' proposal should be denied. You have in your possession a petition signed by 40 property owners,whose signatures were collected in three days prior to the neighborhood meeting on April 22, 1999. Most homeowners were notified of this proposal on Monday April 19, 1999 and some on the day of the meeting. There will be additional signatures collected prior to the meeting on May 4, 1999,and the document will be presented to the City Council at that time. It is unfortunate the Council and Engineering Department did not contact the property owners earlier, before the Engineering Department went to the time and expense of preparing the drawings and study of this unwanted project. It is the sincere wish of die Property Owners on Robin Lane that thus proposal is denied! Sincerely, �3 04%30/99 09:51 FAX CUNINGHAM GROUP _ Z001 April 30, 1999 Russ Matthys City of Eagan Municipal Center 3830 Pilot Knob Rd. Eagan,Minnesota 55122 Dear Mr. Matthys, Per our telephone conversation yesterday discussing Project vor65,Robin Lane -of the proposed sidewalk -improvements,I.would.like°to formally state I am not m im rovements. In my opinion,Robin Lane does not receive an over abundant amount of P traffic to warrant such a costly project. Thank you for your time in updating me on the status of the project- Sincerely, 7Davis 3638 Vermilion Ct. N. Eagan, MN 55122 qq "i 3760 Robin Lane Eagan,MN 55122 April 26, 1999 Russ Matthys Eagan City Council Members 3830 Pilot Knob Road Eagan,MN 55122 Dear Mr. Matthys and Council Members: We attended a neighborhood meeting April 22 in regards to the proposed sidewalk"improvements"on Robin Lane(project 765). We would like to express our strong disagreement with this project and hope that when you finish reading this letter you will feel the same way and vote against this proposal. Our first point deals with how this proposal was started in the first place. Forty one area residents signed a petition stating they would like a sidewalk put on Robin Lane. Only 7 of these petitioners have lots that border Robin Lane. Of those 7,only 2 have lots on the west side of Robin Lane where the sidewalk would be placed. Do you find this a little odd?What this says is that before anyone even knew the costs involved and the damage that would be done to lawns,trees and other natural areas,out of all the people that could have said yes, only 41 out of hundreds came forward. And how odd that the residents of Robin Lane, the only residents truly affected by this,weren't even informed about this original petition. Coincidence? Our second point relates to how many trees will need to be removed to put this sidewalk in place. Right now the count is at 15 with a possibility it could grow higher. Robin Lane lost many trees in the storms last spring and still more trees to all the housing developments. We don't wish to lose any more. We are proud of the natural beauty in our neighborhood and wish it to stay that way. Our third point is that the estimated cost of this work is too high for us to pay and not fairly shared among the households affected. We live in a townhome,and although our sidewalk space is small,we must share equally in the total cost. This is a financial burden that we can't afford right now and it's definitely not something we want to be paying for in years to come. Our fourth point argues against the opinion that this will increase the safety of Robin Lane. The person who started this petition has two small children and wants to keep them safe. Yet,the sidewalk is not going in on his side of the street. He also happens to be one of a very small number of households with children on Robin Lane. Your census records will prove this. Also, because there are so few houses on the west side of the street, chances are the sidewalk there will never be cleared of snow. In Minnesota this means the safety of Robin Lane will remain unchanged for the majority of each year. Our final point is in regards to the disruption of the ponds and wildlife on Robin Lane. The proposed sidewalk would invade these natural ponds and wildlife. Once again,the natural beauty of this area would be negatively impacted. In summary,it's pretty easy to call for a sidewalk when you don't have to pay for it or be disrupted by it. Let's take a good hard look at the households on Robin Lane and see how they,and only they,feel about this development. The fact that the petition has gotten this far is ridiculous. Let's not take it any farther. Please take a look at the petition we have started against this development.Please take into account that the residents of Robin Lane do not want this sidewalk. And please vote against this proposal. Thank you for your time. gg- Sincerely, d Kirsten Oberdorf Scott Selby KO 7W Ms. Patricia Awada 4/28/99 Major of the City of Eagan Dear Major: We are writing this letter asking for your rejection of project number 765, Robin Lane Sidewalk improvement. This project is going to be discussed in a public hearing on May 4`h of 1999. A previous Informational Neighborhood Meeting took place last Thursday April 22, 1999 that showed a serious rejection of the project. The reasons to ask for your rejection can be summarized in the following points: 1) The people that are designed to pay the proposed project unanimously opposed the project in the Informational Neighborhood Meeting of April 22, 1999. More than 50 people attended, and just 1 person showed support for the project. It is our understanding that such person was the one that had promoted the original petition to the City of Eagan. 2) From 41 people that signed the initial petition for the project presented on November 2, 1998,just 4 were among the ones living in Robin Lane and therefore designed to pay. 3) Somehow, the signatures for the original request were carefully collected just among the people living on the side of the street on which the sidewalk is not going to be built. It is a little suspicious that no one was contacted among those living on the side of the street in which the sidewalk was planned to be built. 4) Last November, we learned about this project, because we saw City employees taking measures in our property. We visited Mr. John P. Gorder, Design/Development Engineer, Engineering Division, Department of Public Works, and we showed our surprise and opposition for not being contacted, and our opinion that many affected people were not aware of such project. He kindly informed us about our rights to oppose the proposal. Nevertheless, the preliminary work for the feasibility report continued, and no public notice was sent until a few days ago, April 13, 1999. 5) When the people affected and selected to pay received the City of Eagan letter (dated April 13, 1999), they started collecting new signatures in a period of time of scarcely 7-8 days. Around 45 signatures rejecting the project have been collected. Many of the signatures come from people that had signed the original request for the project, unaware of the real consequences of their first petition. It makes sense to highlight that these opposing signatures have been collected in this mentioned 7-8 days period of time. By the contrary, the original petition for the project started circulating by September 3, 1998, and presented by November 2, gathering just 41 signatures, only 4 from people living in Robin Lane. Considering that many of the original signatures have been revoked, the comparison between people opposing and supporting the project is clearly showing a majority of opposed citizens. 6) Finally, we, the residents of 3715 Brown Bear Trail, are adversely affected by the proposal qualified as an improvement to be paid. In fact, the project is going to make us lose many mature trees in our lot, and devaluate seriously the market value of our property, as a consequence of loosing a lot of beauty, privacy and independence. 7) As for the overall environmental damage to the area and street, the City engineers have calculated that we will lose more than 15 mature trees if the project is done. That will impact negatively everybody living in this neighborhood. Joseph F.Benitez Mary C. Iribarren-Benitez 3715 Brown Bear Trail Eagan,MN 55122 97 Agenda Information Memo May 4, 1999 E. PROJECT 663s VALLEY VIEW PLATEAU FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for Project 663 (Valley View Plateau — Street and Utility Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 663 provided for the reconstruction of Highview Avenue, Bridgeview Avenue, Southridge Avenue, Bridgeview Terrace, Highview Terrace, and Highridge Terrace, all within Valley View Plateau, Valley View Plateau Plat 2, Post Addition No. 3,and Joseph A. Spande 1"Addition (South %2 of Section 4). It also included the replacement of water main and the installation of storm sewer facilities. • The final assessment roll presented to the City Council on April 6, 1999, was limited to the estimated increased benefit in property value as determined by a certified appraiser hired by the City. A public hearing was scheduled for May 4 to formally present the final costs associated with this public improvement to the affected benefiting properties. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. In addition, an informational meeting was held April 28, to address the property owners' questions and provide any additional information of interest. Of the 71 parcels being assessed, 12 property owners representing 8 properties (11%) attended the meeting. ATTACHMENTS: • Final Assessment Summary, page . • Minutes From Informational Neighborhood Meeting,pa§e 400:1 • Written Objections From Property Owners,pages through FINAL ASSESSMENT HEARING PROJECT HEARING DATES NUMBER- 663 ASSESSMENT- May 4, 1999 NAME- Valley View Plateau IMPROVEMENT- April 7, 1998 Street Reconstruction IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R.=Feasiblity Report FINAL F.R FINAL F.R RATE RATE UNITS RATE RATE UNITS SANITARY SEWER STORM SEWER ❑ Trunk 9 Trunk 082 .082 /Sq Ft To a maximum $2,250.00 /Lot ❑ Lateral ❑ Lateral ❑ Service ❑ Lat.Benefit/trunk ❑ Lat.Benefit/trunk WATER STREET ❑ Trunk ❑ Gravel Base Lateral $5,055.31 jkQL /Lot Eq ® Reconstruction with Service 27.00 /Lin Ft storm trunk $4,500. 11,237 /Lot � 0 Reconstruction 2 400.00 9 597 /Lot ❑ Lat. Benefit/trunk ❑ WAC ❑ C/I Equiv. ❑ Trail/Sidewalk SERVICES STREET LIGHTS El Water&San Sewer $2730.00 $3,611.00 /Pair ❑ Installation ❑ Energy Charge CONTRACT NO.OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $342.673 F.R. $1,008,357 F.R. 96-07&98-09 71 1_5 years 6.5%n $312,380.00 $857,892.52 52 COMMENTS: A proposed water lateral assessment was deleted from the Post 3rd Addition. CITY PROJECT NO. 663 ASSESSMENT INFORMATIONAL NEIGHBORHOOD MEETING VALLEY VIEW PLATEAU STREET IMPROVEMENTS WEDNESDAY,APRIL 28, 1999 6:30 P.M. COUNCIL CHAMBERS Attendance: Russ Matthys, City Engineer; Kevin Kimmes, Bonestroo; 12 people representing 8 properties(see attached sign-up sheet). A. Welcome and Presentation • City Engineer Matthys welcomed the property owners. • City Engineer Matthys presented a summary of the Final Assessment Report, upcoming assessment process, steps for assessment objection and appeal, and responded to questions. B. Question/Comments 1. We already had storm sewer before the project started. Why are we being assessed for storm sewer again? The storm sewer that existed previously and you paid for previously serves your property directly and is considered `lateral' storm sewer. The storm sewer assessments as part of this project are `trunk' storm sewer assessments and are system costs that everyone in the City of Eagan eventually pays. `Trunk' storm sewer includes the larger pipes, ditches, ponds, lift stations, etc. 2. Why aren't some properties being assessed as much as others, or anything at all? Some properties have been subdivided or platted within the past ten years. The `trunk' storm sewer assessment, and other costs (street) may have been paid as part of the development charges stated in the development agreement between the developer/property owner and the City. Staff reviews each property to verify previous assessments so that no one is assessed more than once for the same reason. (Detailed explanation of each individual property is attached.) 3. When will street maintenance begin? The City has a maintenance program that I can explain to you. (Resident requested copy of program schedule—attached.) 4. Why aren't the residents in Valley View Plateau paying for lateral storm sewer? There was lateral storm sewer existing before this project. The property owners had paid for it previously, perhaps as part of the cost of the original lots/houses. 5. The catch basins (CB's) on Skyline Drive east of Sibley Hills Drive don't work. The water runs down Skyline Dr. past the CB's, around the corner, and onto Sibley Hills Dr. Staff can look into this. In the spring, ice and snow build up and block the CB's. Sounds like a maintenance issue that we can address. 6. Why does Sullivan only have to pay street reconstruction cost? Some assessment costs (storm sewer) may have been paid at the time of the development per an agreement between the developer/property owner and the City. (Detailed explanation of each individual property is attached.) 7. The City tried to assess us for Skyline Drive in 1989. The judge found that we received no benefit from the project. How can you think we should be assessed now for this project? The city has completed preliminary appraisals for this improvement and the real estate appraiser's professional opinion is that the assessments are equal to or less than the proposed benefit to the property value. If you choose to object to and appeal your assessment, please be careful about depending on this previous finding. This project is different from the previous one you reference, its ten years later, and any appeals may be before a different judge. Any of these changes could change this outcome from the previous judgement. 8. Explain how everybody pays the 8.2 cents per square foot for `trunk' storm sewer. All `trunk' storm sewer assessments on single-family properties for construction work or development agreements completed in 1998 are 8.2 cents per square foot. The `trunk' storm sewer assessment is a utility fee that all properties within the City of Eagan have paid or will pay eventually. The timing of the collection of this fee from the property owner is typically at the time of subdivision/development or when storm sewer improvements are constructed in the area. The cost of the fee is adjusted each year based on the typical annual construction costs (Engineering News Record Index). PREVIOUSLY PAID ASSESSMENTS VALLEY VIEW PLATEAU ASSESSMENT AREA PROJECT 663 PIN# PLAT PROJECT TYPE DATE 10-03300-010-01 Remick Waiver 161 Trunk Storm Platted 1986 10-40100-020-01 Spande Waiver Trunk Storm Platted 1986 10-40100-030-01 Spande Waiver Trunk Storm Platted 1986 10-20300-010-02 DeLosh Waiver 524* Trunk Storm Platted 1996 10-58501-020-00 Post 2nd Prc j 543** Trunk Storm 1990 *The waiver for the DeLosh Addition included each lot in the addition- **Easement was acquired from property towner as part project. City Paid for easement property towner did not object to assessment. 10-40100-020-01 Spande Waiver Street Recon Platted 1986 10-40100-030-01 Spande Waiver Street Recon Platted 1986 1�� Exhibit C ' LIFE CYCLE PAVEMENT MANAGEMENT PROGRAM erage ConstructStreet A 0 Crackseal 3 0.12 $2,100 B Sealcoat 4 0.50 $9,000 C Patch & Repair As Needed 0.15 $2,600 B Crackseal 11 0.12 $2,100 B Sealcoat 12 0.50 $9,000 C Patch & Repair As Needed 0.15 $2,600 B Prep Maintenance 17 0.80 $14,100 F Overlay 19 9.50 $167,200 D Crackseal 22 0.12 $2,100 B Sealcoat 23 0.50 $9,000 C Patch & Repair As Needed 0.15 $2,600 B Crackseal 30 0.12 $2,100 B Sealcoat 31 0.50 $9,000 C Patch & Repair As Needed 0.15 $2,600 B Prep Maintenance 37 0.60 $10,600 F Overlay 39 7.20 $126,700 D Crackseal 42 0.12 $2,100 B Sealcoat 43 0.50 $9,000 C Patch & Repair As Needed 0.20 $3,500 B Crackseal 50 0.12 $2,100 B Sealcoat 51 0.50 $9,000 C Patch & Repair As Needed 0.30 $5,300 B Reconstruction 1 60 1 16.00 1 $281,600 1 E A - 100% Assessable B - General Fund/Property Taxes C - 40% General Fund/60% Mayor Street Fund i D - 50% Assessable/50% Major Street Fund E - 75% Assessable/25% Major Street Fund F - 75% General Fund/25% Major Street Fund C.P.M. = Cost Per Mile `Single-family residential only Refer to assessment policy 1.110PM-ire Cycle.296-Rev. 10/27/98 103 INFORMATIONAL MEETING VALLEY VIEW PLATEAU WEDNESDAY, APRIL 28, 1999, 6:30 P.M. NAME ADDRESS cmo 2 3. 4. �� 5. G� /--e. LO 0--e- 6. 4 8. 13r uK�XV-\ 9. S u s cz-\ Zed,e 1-�Sh vet 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/SIGN-IN.Sheet APR-29-99 02 :45 PM ARNDT. BENTON 612 777 7230 P. 02 APNOT E, BEIMTOIV. P.A. ATTOpNEYl1 AT LAW 1012 GRAIN EXCMANOE 400 90UTN FOUATN STREET MINNEAPOL,IE, MINIYEEpTA EE49E (81 101332,5473 FACSIMILE' 10511 777-7230 April 29, 1999 1111111evlr tet site toe 2487 7th Ave, East Et. Paul, Mn $0100 Mr, Russell A. Matthys City Engineer c/o Municipal Center 3830 Pilot Knob Road Eagan, MN 55122 VIA FACSIMILE RE : Our Client : Nader Nooryshokry Our File No: 949-3627 Dear Mr. Matthys : This office represents Mr. Nader Nooryshokry, the property owner of property located at 2840 Sibley Memorial Highway (13) . Mr. Nooryshokry has provided us with information regarding the pending street and utility improvement costs, in conjunction with city Project 663 . As your records will indicate, Mr. Nooryshokry property is presently a single piece of property. Pursuant to your letter of April 19, the assessment cost for that property would be the sum of $4, 500 . 00 for street and storm sewer. The proposed pending assessment that has been provided to Mr. Nooryshokry, aggregates approximately $48 , 500 . 00 . This is an inappropriate assessment , If the city continues with assertions that it is entitled to assess the property at that level, Mr. Nooryshokry will have no alternative but abandon any further effort of to plat the property, and place the property on the market immediately for sale . The proposed level of assessment will constitute an intolerable burden on the property, and the carrying costs will not allow Mr. Nooryshokry to go forward. This letter is to request your assistance in resolving this pending assessment issue. East Metro Office! 909 Franklyn Center, 2487 - 7th Avenue East. North St. Paul, MN 00109 /05 APR-29-99 02 :46 PM ARNDT. BENTON 612 777 7230 P. 03 Mr. Russell A. Matthys April 29, 1999 Page 2 If the city will entertain other alternatives, Mr. Nooryshokry would prefer that approach, as opposed to abandoning any platting efforts and reselling of the property. Would you please call the undersigned so that we may discuss what possible other approaches could be considered? Ve truthtdt T &Dua a E. DEA/clm ce : Mr. Nader Nooryshokry (via fax) Cti��CCs-�' �Gr1cJ April 23, 1999 Honorable Mayor Patricia Awada Municipal Center 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: City Project 663, Valley View Plateau - Street and Untility Improvements (City Project No. 543R) I, Carol Hill, object to the storm trunk assessment of $2250.00 on our property in Eagan, Lot 2, Post Addition. I have lived here for over thirty-one years. Most families on our street, Sibley Hills Drive, have lived here and paid taxed for more than thirty years, and paid for our paved and curbed street, sanitary sewer and water laterals and storm sewers in the 1970's. Most of us are now retired. The property all around us has been developed just since the late '80's and early '90's requiring reconstruction of the storm sewers. This should not be our responsibility. Thus, I reitorate our objection to the $2250.00 storm trunk assessment on our property at 2880 Sibley Hills Drive in Eagan. Carol N. Hill 2880 Sibley Hills Drive Li Eagan, Minnesota 55121 1. of SES D / 7 3/9y Vic , Gtz6lfl �� t>iia 21 April 1999 X1.3 A.l�t, Honorable Mayor Patricia Awada Municipal Center 3.83C) Pilot f::nob Road Eagan, Minnesota 551 -1897 Re: City Project 667, Valley View Plateau - Street and Utility Iinpr-uveinerits (Ci L.y Project No. 54.?R) We, Dural d aril Mary 0' Hearn, object to the storm trunk: assessment LIT' $rte: 0. 00 url our pr oper Ly in Eagan, Lot 6, F'u5t Addition No. -2. Dun«l.d ai jd I have lived ill our home for 4 years. Most families Lill UL(r atr reL, Sibley Hills Drive, have lived hier e and paid taxes fur nlur e th cIll year 5, and paid far- our- paved and curbed street, rani Lar y sewer and water Later al 5 and st_urrri._sewers in the 1 97 )_, Nici=-t of Lis a r riuw ret I r cd. Ti ie pr uperty ail around U5 has beet dE:wel i_,peu j U�t si riG_e Lht-- 1 a L.t-- ' ci::;s acid ear 1 y ' 90 n, reyui r"i.ng r t:at-uiiSLr W._tJ. ur; of tier- stur ir+ sewers. TiriS should nut be aur' r eS�.JlJfl`�J.LJ1l. .i Ly. We qr N erlt.-1 u5i rig a copy of the F 7 ndi ng5 of Fact, Concl usi. ons of L_ew ai 1 d Or iJr.,r for JLidgirierit ill our case against the City of Eagan. 'r U W 1. 1 rio Le ill the "Memur anduin" fol 1 uwi i ig the Col-)C1 Usi ons of Law. "AL. i --: Ur_r is the cunstr cacti on of the sanitary sender , thit:-e ri;ai i 11 i iie water tr uril. acid the storm sewers and street Pr uciuca'ci a spt,u i al benefit to Loi 6, Fust Addition that at least tr:[: ual. the ainuui i L of the spec l ai assessiiient levied. The i mpr uvemNn Ls a5 a whol e ar e a detr i merit to the Val Lie of the pr uper t y as pr esei i t l y uS.eiJ. The property was fully serviced by Cl Ly U L i 1i Lies and paved streets before the ' improvements' were fnade. " Thus, we reiterate our objection to the $ : '5(-). (--)(-) storm trunk. assessment un our- property at 2888 Sibley Hills Drive in Eagan. Dural d W. 0' Hearn & Mary ,C. 0' Hearn B0Sibley Hills Drive i Eagan, tlinnesc,La 551221 l� p /6 K ucr•goo t�a.l rTHOMAS W BIBUS ' ATTY AT LAW 5350 S ROBERT TR STATE OF MINNESOTA INVER GROVE HGTS MN 55077 COUNTY OF DAKOTA L NOTICE OF: ANNETTE MARGARET 10 FILING OF ORDER ATTY AT LAW ❑ ENTRY OF JUDGMENT 600 MIDWAY NATL BANK BLDG 7300 W 147TH ST O DOCKETING OF JUDGMENT LAPPLE VALLEY MN 55124 Court Flle No.: C7-91-7936 IN HE: DONALD o'HEARN ET AL VS. CITY OF EAGAN, ETC, FINDINGS OF FACT, CONCLUSIONS OF LAW, ORDER FOR JUDGMNT Nbu are hereby nOUAed that on APRIL 20TH mr" duly flied In the above entitled matter. 8 92 an Order ❑ You ars hereby notified that on' Wes duly entered In the above entitled matter, t 9 e Judgment ❑ You s» hereby noUMed that on t3 a Judgment was duly docketed In the above entitled matter In the amount -)f 3 A true and correct copy of this Notico has been served by mall upon the parties named herein at the last known addreas of each,pursuant to Mlnnsaota Rules of Clvll Procedure, Rule 77.1,4. Dated: APRIL 20TH 1992 ROGER W SANS Court Administrator by_ Deputy Filed Oft7 7- Of ROGER W.SAMES,Court AamMivrttor By_ DEPtJtY lot Fled f I day of /Cf; •" IT 19 y'` DISTRICT COURT STATE OF MINNESOTA AWAAW.PX&Cwd#amWsMt COUNTY OF DAKOTA By `X ('i -+1•y FIRST JUDICIAL DISTRICT PERM Donald O'Hearn and File No. C7-91-7936 Mary O'Hearn, Petitioners, FMTNG S „r FACT. CONCLUSIOHJS OF LAW. ORDER FOR JUDGMENT Vs. _ -- City of Eagan, a Municipal Assessment No. 10-58501-060-00 Corporation, Respondent. The above-entitled matter came on for trial before the undersigned Judge of the First Judicial District on March 26 and 270 1992, at the Dakota County Courthouse, Dakota County Government Center, Hastings, Minnesota. Petitioners were personally present and represented by Thomas Bibus, Esq. Respondent was represented by Annette Margaret, Esq. Now, based upon the file, records, testimony, exhibits and arguments of counsel and being duly advised on the premises, the Court makes the following: FINDINGS OF FACT 1. Petitioners Donald and Mary O'Hearn are the owners of property located at 2888 Sibley Hills Court, Eagan, Minnesota, legally described as Lot 6, Post 2nd Addition, Eagan, Minnesota. The Petitioners have lived on this property for the past thirty five years. The lot was fully serviced by City utilities and paved streets before the City of Eagan (hereinafter "the City") T)JVC-FT'T 7VT) APR 0199 �/D 1 constructed the improvements at issue. 2. On August 16, 1988, the Eagan City Council received a feasibility report for Project 543R from the Eagan Public works Director. Project 543R covered street and utility improvements for Sibley Hills Drive and Skyline Drive that would make possible residential development of the land east of Lot 6, Post 2nd Addition. The project was to include the extension of a sanitary sewer from the intersection of Sibley Hills Court and Sibley Hills Drive to the western portion of Parcel 011-77 . A 4" sewer line was to be placed at the east end of Lot 6, Post 2nd Addition, to provide for a future possible lot split. Also included in the Project were the construction of two watermain systems. One was an extension of the stub at the intersection of Sibley Hills Court and Sibley Hills Drive to the proposed Ridgehaven development with an additional 2" stub to the eastern part Lot 6, Post 2nd Addition. Finally, the Project included street and storm sewer improvements from Highway 13 along Sibley Hills Drive to Auge Road, to Skyline Drive to Pilot Knob Road. This improvement would abut the southern, side boundary of Lot 6, Post 2nd Addition. 3. On January 17, 1989, a public hearing on Project 543R was held. The City stated it would pay the balance of the cost that could not be charged to benefitted property. The Council voted to approve Project 543R. 5. On October 3, 1989, the City Council recommended to ' � I award the Contract for Project 543R. - 6. On June 4, 1991, the City Council recommended that the final assessment roll for Project 543R be received and that a final hearing be scheduled for July 2, 1991. 7. On July 2, 1991, the final assessment hearing was heard for Project 543R. Proper objection were made by Petitioner to preserve the matter for appeal. The City Council then approved Project 543R. 8. For purposes of this assessment, the City determined that the best and highest use of the property would be to subdivide it and that the newly buildable lot would be serviced by these improvements. 9. The Petitioners' appraiser determined that there was no appreciation of market value of Petitioners' property by reason of these improvements. The Respondent's aporaisor., acknowledged that only by subdividing Petitioners' property, would there be an appreciation in value of Petitioners' property. He felt that appreciation would be $30,000 by leaving the value of the house the .same, reducing the value of the portion of the lot with the , house by $5, 000. 00 and assigning a value of $35, 000.00 to the newly buildable lot. 10. There has been no appreciation of Petitioners' property due to the City's installation of the improvements but Lot 6 Post 2nd Addition was assessed on the final roll as follows: $6,444 .77 sanitary sewer lateral 1, 365. 10 water lateral 989.00 services sewer, water 2. ,02.74 street (indirect on an area basis) 12 . 017. 81 street (direct on a front foot basis) 23 , 219. 52 TOTAL ASSESSMENT 11 il. The memorandum attached hereto is incorporated herein. Now, based on the foregoing, the Court makes the following: CONCLUSIONS OF LAW 1. The special assessment levied against Lot 6, Post 2nd Addition constitutes an unconstitutional taking without just compensation. 2. The special assessment of Lot 6, Post 2nd Addition is to be stricken fmn the assessment roll. 3. The memorandum attached hereto is incorporated herein. LET JUDGMENT BE ENTERED ACCORDING. DATED: BY TH U -il-9 Z _ Thomas M. u by The Conclusions of Law contained in this document constitute the Judgment of this Court. Dated: Roger Sames Court Administrator BY: Deputy Clerk MEMORANDUM There are limits to a municipalities power to assess against Property for special benefits; (1) the land must receive a 113 special benefit from the improvement, (2) the assessment must be uniform upon the same class of property and, (3) the assessment must not exceed the special benefit. Carlson-Lana v. City of Windom, 307 Minn. 368, 240 N.W.2d 517 (1976) . Special assessments for improvements to real property which receive special benefits from those improvements are authorized by Minn. Stat. 429.051. The special benefit is measure by the Increase in the market value of the land as a result of the improvement. Southview Country Club v. City of Inver Grove Heights, 263 N.W.2d 385 (Minn. 1978) . Present use of the land is not the controlling factor in deciding whether the land has received benefit in terms of increased market value. Rather, benefits from improvements are calculated on the market value of the land before and after the improvements based on the highest and best use of the property. Anderson v. City of Bemidji, 295 N.W. 2d 555 (Minn. 1980) . If a special assessment exceeds the special benefit to the property receives from the improvement, it is a taking of property in violation of the Fourteenth Amendment. Quality Homes. Inc. v. Village of New Brighton, 289 Minn. 274 , 183 N.W. 2d 555 (1971) . A special assessment is presumed to be constitutional and the introduction of the assessment role into evidence is prima facie proof that an assessment does not exceed special benefits. This presumption can be overcome if a challenger introduces competent evidence to show that the assessment exceeded the increase in market value due to the improvements. Carlson-Lang. u4 At issue is whether the construction of the sanitary sewer, the mainline water trunk and the storm sewers and street produced a special benefit to Lot 6, Post 2nd Addition that at least equals the amount of the special assessment levied. The improvements as a whole are a detriment to the value of the property as presently used. The property was fully serviced by City utilities and paved streets before the "improvements" were made. The old route to Lot 6, Post 2nd Addition is a more convenient access and far faster for emergency vehicles than the newly constructed winding road. The property now experiences much less privacy, with heavier and faster traffic flow along its southern boundary. However, the City does not argue that these improvements increase the market value of Lot 6, Post 2nd Addition as it is currently platted and used by any amount. What the city argues is that with the installation of the sewer and paved street, Lot 6, Post 2nd Addition could be subdivided and the ' resulting unimproved back lot sold for $35,000.00, thereby increasing the market value of the lot as a whole. As the City's appraiser felt the current value of the house would remain the same and the smaller lot on which the house would be located would be worth only $5,000.00 less than the current full lot, the net gain to the property as a whole would be $30, 000.00. As this was less than the $23,219. 52 special assessment, thus the City reasoned there was no unconstitutional taking. The division of Lot 6, Post 2nd Addition into two lots would 'I not result in an increase in value of the whole property of more than $23, 219 . 52 . The diminished value of the smaller front lot with house would be more than the $5,000.00 in the City' s calculations. The petitioners introduced two formal appraisals of their property. The first was dated July 25, 1989, the second was dated October 30, 1990. The second was dated after the new street was constructed and contains comments regarding the improvements and the recognition that the lot could be subdivided. The appraised market value in 1989 was $99, 500. The appraised market value in 1990 was $101, 500. This increase was attributed to the general increase in property values in Eagan during this period. The second appraisal pointed out that the newly constructed street was approximately four to five feet higher than the original driveway located there and that this had created additional water run off toward the existing house. The appraiser reasoned that this condition limited the possibilities of subdivision due to the need for increased fill and site modification that would be required. A visit to the site by the Court confirmed that the installation of the new street created a berm that is at least four to seven feet above the original grade of the lot and extends some distance into the lot. The subdivided would need considerable fill that would cause additional drainage problems as the eastern portion of the lot is already higher than the western portion. Moreover, Mary O'Hearn testified that the assessed value for tax purposes had actually decreased by $4000.00 during the period at issue. As the Petitioners' appraiser pointed out in both appraisals and as a glance at plat map shows, the current size of the property is "typical for the area". The house sits well back on the current undivided lot, and a new house on the back portion of the present lot would be closer to the O'Hearn's home than the spacing that is typical in the area. If the lot were subdivided, the two lots thus created would no longer be of typical size for the area, and as such, the truncated portion with the house would be worth considerably less. The Court was also unconvinced that the subdivided back lot could be sold for $35,000.00 net. As mentioned above, the severed lot would be considerably smaller than other lots in the area. The placement of homes on the two separate lots would be awkward due to the site of the present house on the full lot. The comparable lots the City used to establish a projected value for the back lot were located in nearby new developments with considerably more expensive homes. No lot that had been severed from the original older home site was introduced as a comparable. Moreover, in spite of the City appraiser's comments, the eastern portion of the lot has no view of the river valley as it is completely blocked by the Petitioners' home and trees. Also, to become a desirable building lot, considerable fill would need to be made at a cost that was not taken into consideration by the City's appraiser. The City's appraisal is, unlike the Petitioners' appraisals, )n professionally slanted to evaluate the property on the basis of best and highest use of the land without consideration of overall realities of attempting to create a $35, 000 saleable lot out of part of a home's backyard without diminishing the value of the house and remaining portion of the lot by more than $5,000. 00. It seems that the City is attempting to force a retired couple to pay $23, 219,35 in order to maintain their home as it was for the thirty five years they have .lived in it. The so called "improvements" have done nothing to increase the value of the property to the Petitioners. In fact, the "improvements" have only created more traffic, more noise, more litter and less privacy for the Petitioners. . The improvements were simply put in to facilitate the development of the land east of Lot 6, Post 2nd Addition, so that developers could reap the full value of their expected profits. Shifting part of the cost of the developer's investment to others who are only injured by the improvements, even if in strict compliance with the law, is of'na Menefit -to the Petitioner. T.M.M. l� � 2858 Sibley Hills Dr. Eagan, Minnesota 55121 April 23, 1999 Patricia Awada, Mayor Municipal Center 3830 Pilot Knob Rd. Eagan, MN 55122 Re: City Project No. 543R Dear Honorable Mayor: I, Audrey Post, vehemently object to the assessment of $2250. on my property in Eagan. My husband (now deceased) and I have been here since April 1960 and have paid for street improvements, sanitary sewer, water mains and storm sewers in the 1970s. Why am I now responsible for reconstructed storm sewers due to newly developed property around me? My property is not benefiting from this now nor do I see any benefit in the future. Please take another look at this very unfair assessment. Sincerely, Audrey Post 1' April 23, 1999 Honorable Mayor Patricia Awada Municipal Center 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: City Project 663, Valley View Plateau - Street and Untility Improvements (City Project No. 543R) I, Carol Hill, object to the storm trunk assessment of $2250.00 on our property in Eagan, Lot 2, Post Addition. I have lived here for over thirty-one years. Most families on our street, Sibley Hills Drive, have lived here and paid taxed for more than thirty years, and paid for our paved and curbed street, sanitary sewer and water laterals and storm sewers in the 1970's. Most of us are now retired. The property all around us has been developed just since the late '80's and early '90's requiring reconstruction of the storm sewers. This should not be our responsibility. Thus, I reitorate our objection to the $2250.00 storm trunk assessment on our property at 2880 Sibley Hills Drive in Eagan. Carol N. Hill 2880 Sibley Hills Drive Eagan, Minnesota 55121 n 1�1 we Cf, d y,.,3/qy ilvle c� 21 April 1999 X1•,3 � n•t, Honorable Mayor Patricia Awada Municipal Center 3830 Pilot Knob Road Eagan, Minnesota 5512-1897 Re: City Project 663, Valley View Plateau - Street and Utility Impr-ovement.s (City Project No. 540R) We, Donald and Mary O'Hearn, object to the storm trunk: assessment of $2250. 00 on our property in Eagan, Lot 6, Fust Addition No. 2. Dural. d and I have lived i n our home for 42 years. Most families on our street, Sibley Hills Drive, have lived here and paid taxes fur note than lO years, and paid for our paved and curbed street, s8ni Lary newer- and water laterals and st-rE.. sewers in the 1970s, Must of us are now retired. The property all around us has been uE.,vei uped just Q nee the late ' 80s and early ' 90s, requiring V.Wu"sLr uLtiun of the storm sewers. This should nuL be our- respunsibil .i Ly. We arr.. enclosing a copy of the Findings of Fact, Conclusions of Low and Oder for Judgment in our case against the City of Eagan. `r'Uu will note in the "Memorandum" following the Conclusions of Law: "At issue is whether- the constr ucti un of the sanitary sewer, the mni "l i "w water trunk: and the storm sewers and street pr uciuced a special benefit to Loi 6, Post Addition; that at least equals the amour L of the special assessment levied. The improvements as a whole are a detriment to the value of the property an pr ese"L l y used. The property was fully serviced by City utilities and paved streets before the ' improvements' were made. " Thus, we reiterate our objection to the $2250. 00 storm trunk: assessment on our property at 2888 Sibley Hills Drive in Eagan. i Donald W. O' Hearn & Mary O' Hearn 2t35S Sibley Hills Drive i Eagan, Minnesota 55121 ��`�+ � � ►� Co April 27. 19990 To: Eat=an Cin Council Re: Cm Project 66 / ValleN VleNN Plateau — Street and Utilir\ Improvements V e recenth received the required legal notice relative to the above. Unfortunatel\. man\ of us v`ill be out of town and \\ill be unable to attend either the informational meeting on April 28 or the public hearing on Mai 4. Accordingl\. Nve are submitting to you our v,ritten objection to the amount of the assessment vyith respect to our properties and reserve our right to appeal such assessments. if levied. v,ithin the prescribed period. While the changes to the streets. water system. and storm sewer system were extensive. vie do not believe that the\ resulted in increasing the value of our properties b\ $4500. The only visual improvement was the addition of the concrete curb and gutter. A real estate appraiser x\e have talked to indicates that neither the road reconstruction nor the storm sewer trunk v`ould result in an increase in the value of our propem. Ve have heard it said that it costs more to reconstruct a road than to install it initiall\. That may be true. but it does not necessaril\ mean that the reconstructed road increases the market value of the adjoining properties. In our opinion. it does not. We also \N ish to note that \\e have alreadN been assessed nyIce before reiative to the road, — once In 196= and, again in 1969. The 1969 reconstruction was due to installation of the sanitarn se\\ers. .Attached are notices as evidence of these assessments. In most areas of the cin Where roads ha\e peen reconstructed. the original roads %x ere installed b\ the developers and the cost v.a, r_-obabi\ included in the price of the homes. The property owners were not previousi\ directly assessed. Tile cost of-_;ad installation was also included in our homes. Ho\Never. the develope-died suddeni� he Ore ani road construction Naas begun. As a result. the roads \�ere instalied il• the Ci;\ of Eagan under the superrvision of Bonestroo Roselle Anderlik & Associates. whicl; also sunen ised the current construction;. We presume that the same high standards were adhered tc ii the o-iginai construction as in the current one. B-\ contrast. in other areas where the deyeiopers instaiied the reads. qualit\ standards maN not have been as consistent. Our roads XNere in poor c:,)nditior, prior to the reconstruction because the, had received only minimum maintenance since r �F_ \�e also question the procedure used in determining the amount of the assessment. While this has been kept a deep dark secret by the cin attorne\. it is not difficult to determine ho\\ it works. There were n+o other road projects in our area -which \N ere completed last summer—the McKee .Addition and Country }-Tome Heights. The same .xork was done in each area. The proposed assessment for McKee is 52500 and Country Home Heights 54000. Ours is 54500. In each area selected homes were appraised to determine an average market value. This then is multiplied b\ a cer,ain percentage to determine the maximum permitted assessment for each affected nropem. e estimate this percentage to be about _' '/2%. The problem in our neighborhood is that there is a considerable disparit\ in the market value of the honnes. Some are quite expensive and others are in the moderate price categor\. As \\e understand the lax\. no parcel of propert\ should be assessed for an improvement for more than the resultin_, increase in market value. Therefore. under the current procedure the log\er priced ,1�o "'( L.AC_ AN, 1d3 homes are beinc assessed too much. If we are to have a uniform assessment. it should be based on the value of the least expensive homes. not on the average appraised value of all homes. The other problem has to do with the proposed assessment for Countn Home Heights as compared to ours. As you kno\N. Countr\ Home Heights did not preyiousl\ have bituminous roads so that it N\as nota case of road reconstruction. Accordingly. the visual improvement is much more dramatic and the assessment as a percentage of market value should be higher than ours. You simply cannot equate the installation of a nev road with the reconstruction of an old one. The former is a true improvement while the latter is just another form of maintenance. The Countr- Home Heights assessment ma\ be appropriate. but it illustrates that ours is much too high. Finally- we are av,are that the Council has been reviewing assessment policies recently and -vNe are sure you have found it not to be an ease task. In vier of all the problems we have outlined above with respect to assessments for road reconstruction. we strongh urge the Council to adopt a police that vyould make assessment for road construction a one time assessment. The present system creates an adversarial relationship between the home owners and the Cite. The home o-vyners Wyant the roads to continue to be maintained despite the cost and the Cite wants to reconstruct the roads periodically to minimize maintenance. The burden: of the assessment also falls on the pam «ho happens to o,,Nn the propem at the time of the reconstruction. Prior owners and subseauent owners pet a free ride. This police would also eliminate substantial ie;_al and administrative expenses connected to the assessment process. Of course. the more\ for road maintenance must come from some\yhere. so it is likely that. if assessments are no: made. propem taxes \�ill be slightly higher over the years. Ho\,eyer. this il; mean, that all homeowners \\ill be sharing the cost burden of total road maintenance. int:iuding reconstruction. Also. propem taxes are deductible for federal and state income taz purposes. .Assessments are not. Since nearIN all the residential roads in Eaean haN e been brought up to standard. it xyould appear that this \Mould be an excellent time to institute the ne« police. ionn ,r�'(la Monahan David and M\rel Lundsten � ie\\ Ter .A Ter-race 1466 BridLe�ie\N venue Jackie Petersen Don and Vircinia Knight ='871 High\ie\\ Ten-ace 1455 Hig}tyie\\ Avenue Lee and Gen .Amundson '�CL�� A4'v E42/Li�3 / 14 70 HI hyie\\ .A\e ue ,7 NT �L 4 e., / T. t /-1,—Aire f ,"-7 Slr' VALLi-1' UIkJ / 1.:a',p'R� Si Rr_rT fa/V� �f tIi r SMI°ftoLr�HEI✓.-5 CC c',L%I N .( 6-lt:> 1 4E n Fl l l L I-err p t 4L AL '2167c, Jerr`� CONTROL NUMBER ;TATEMENT OF SPECIAL ASSESSMENTS 000734 TOWN OF EAGAN 3795 PILOT KNOB ROAD STATEMENT ST. PAUL, MINNESOTA 55111 PLEASE RETURN WITH PAYMENT THIS IS A STATEMENT OF SPECIAL ASSESSMENTS AGAINST YOUR PROPERTY, YOU HAVE THE PRIVILEGE OF PAYIN THE TOTAL AMOUNT AS SHOWN (SEE BOX S) WITHIN 30 DAYS WITHOUT INTEREST OR THE TOTAL AMOUNT WILL BE CERTIFIE TO DAKOTA COUNTY AUDITOR AT HASTINGS IN ANNUAL INSTALLMENTS AND APPEAR ON YOUR TAX STATEMENT. THE COUNCIL OF THE TOWN OF EAGAN HAS CONFIRMED THE ASSESSMENT FOR (SEE BOX 1) WHICH IS NOW DU' AND PAYABLE. IF THE ENTIRE ASSESSMENT IS PAID ON OR BEFORE DUE DATE (SEE BOX 2) THE SAME CAN BE PAID WITHOU INTEREST. IF THE ENTIRE ASSESSMENT IS NOT PAID ON OR BEFORE THE ABOVE DATE, THEN THE ASSESSMENT MAY BE PAI IN ANNUAL INSTALLMENTS (SEE BOX 3) WITH INTEREST AT 6% ON THE UNPAID BALANCE PROVIDED; HOWEVER, THAT TH FIRST INSTALLMENT SHALL BE WITH INTEREST AT 6% FROM THE DATE OF THE COUNCIL'S CONFIRMATION OF THIS ASSES! MENT WHICH IS (SEE BOX 4) TO DECEMBER 31, OF THAT YEAR. THE LAW PROVIDES THAT UNPAID ASSESSMENTS BECOME LIEN AGAINST THE PROPERTY. PURPOSE FOR WHICH SPECIAL ASSESSMENT IS LEVIED Sewer & Water Laterals, & Street Improvement 1970 ( 1) NAME AND ADDRESS DATE DUE NO. OF YEARS ASSESSMENT DATE Thomas & Mary Monahan October 15. 1969 (2) 20 (3) September 15, 1969 (4) ADDITION FRONTAGE PER FOOT AMC 'NT 2840 highview Terrace Valley View Plateau (5) LOT NO. BLOCK NO. PARCEL NO. PROJECT NO. PLEASE PAY St.Paul, Minnesota 55118 5 23916 14-A A B O V E AMOUNT STATEMENT OF MISCELLANEOUS COLLECTIONS AUDITOR'S OFFICE, DAKOTA COUNTY, MINNESOTA County Treasurer of Dakota County: Hastings, Minn 19 3 9 will receive from"�'� L ` r/� �-i t 1-/�-a-t c_ L�O 31-201 41Y�0=u �s r_� tL.�( L? � /,Lt � � _ �--� 44---t,tet f noi.LAxs $ 12 FOR t? .E_ ` _ I t_1 zII -- ILLIZ - kt j l Total - - - $ 11 l L l And credit the amount to them d / -- – -- Received Payment: —7 ---------------- =-�l�F= /'r - -- County Auditor -------- --- -- -- - -- �- ---"�--r-- ---County Treosurer ------------------ ----- t-------- --- - ------- — � -Doput7 ^AIDE 3 6 6 1 .51 h , ti Q/�6� /J�'�,�x�E%� �Gc��i /LL��✓a/i—e��.��'ZL�/�,./L D-'Z,c civ - -L 11, G� �-- Agenda Information Memo May 4, 1999 Eagan City Council Meeting F. PROJECT 749 HWY 55 SOUTH FRONTAGE ROAD ACTION TO BE CONSIDERED: Close the public hearing and approve Project 749 (Hwy 55 South Frontage Road — Street Improvements), and if approved, authorize the preparation of detail plans/specs and the acquisition of rights-of-way through the condemnation quick take method, if necessary. FACTS: • In October of 1998, the City submitted an application for State funding assistance to reconstruct the Frontage road on the south side of Hwy 55 from Hwy 149 to the east. The Council also authorized the preparation of a feasibility report to identify the estimated costs, scope, financing and schedule of such a project. The City has subsequently been allocated approximately $200,000 from MnDOT for such an improvement. • The Council then received the Feasibility Report for Project 749 and scheduled a Public Hearing to be held on April 6, 1999. At that meeting, several property owners expressed concern regarding the impact of proposed development on the newly reconstructed frontage road. The Council then continued the consideration of the project until May 4 directing staff to investigate various options as suggested by property owners regarding the scope of the frontage road improvement. • Due to the "ripple" effect of some options and alternatives on development proposals in the general area, staff held several meetings and open houses with property and business owners to review the various impacts and discuss their concerns. • A summary report has been prepared and is enclosed. ISSUES: • Each of the two alternative maps presented to the public (enclosed without page number) identifies the ultimate improvement that would be implemented as development occurred, traffic warranted and/or funding allowed. Some property owners expressed concern that all the improvements would happen this year. Some wanted many of the improvements sooner rather than later. The phasing was explained to those we heard from, but there may be others who have not been personally informed and still hold the same concerns. • If the Council concurs that Chapel Lane should be improved out to Hwy 55, it would be appropriate to authorize the preparation of a feasibility report to discuss the scope, costs, financing and schedule of this additional public improvement. ATTACHMENTS: • Staff Report(with attachments),pages through . • Alternative Layout Maps, enclosed without page number. is? y y -% MEMO city of eagan TO: Mayor and City Council, %Thomas L. Hedges, City Administrator FROM: Thomas A. Colbert,Director of Public Works DATE: April 28, 1999 SUBJECT: Project 749,Hwy 55 Frontage Rd. Improvement, and Hwy 55 & 149 Access Management Plans SUBJECT The City Council is considering whether to reconstruct the frontage road located on the south side of Hwy 55 from Hwy 149 to the east as it presently exists, or with some modifications. This item was discussed at the April 6, 1999 Public Hearing meeting and subsequently continued with the Council directing staff to evaluate the viability of several property owners suggestions to close off the frontage road from future traffic associated with the Windsor Estates development proposal. BACKGROUND Frontage Road History During the mid 1960's, MnDOT originally constructed this frontage road as a part of the 4 lane upgrade of Hwy 55. This frontage road has reached its typical life expectancy and its pavement condition rating indicates that it should be fully reconstructed to current City Standards. MnDOT has agreed to financially participate in the cost if the City will agree to a turnback of the road's jurisdiction. Development Proposals There are several development proposals in this general area being processed through the City at the present time. Windsor Estates is located at the east end of the Hwy 55 south frontage road consisting of a 119-unit rental apartment complex. Its present access is only available via the frontage road. Cherrywood Knolls is a 23 unit single family development at the east end of Chapel Lane whose only outlet is through the neighborhood to the west. Along Hwy 149, Dart is proposing a truck repair facility north of Stark's Saloon. Kwik Trip is proposing a food and fuel convenience center located south of Stark's next to Advantage Lane (aka Boerchert Rd). Dart, Stark's and Kwik Trip (DSKT) are all proposing to share a common access to Hwy 149 opposite the frontage road with mutual private cross easement access to Advantage Lane. The outcome of the frontage road improvement hearing could have an /019 impact on where a median break would be allowed under a future improvement to Hwy 149 (programmed for 2002 in the City's C.I.P.). Dart is also proposing a trailer storage facility (TIP) south of and adjacent to Advantage Lane. Brookstone has proposed an office/warehouse facility south of Dart's trailer storage with its intended access opposite Chapel Lane. Duke Realty is looking at an office/warehouse facility opposite the Rolling Hills Dr. intersection. Hwy 55 Access Mgmt In 1998, The City entered into an agreement with MnDOT to prepare an Access Management Plan for the Hwy 55 corridor from Lexington Ave. (Co.Rd. 43) to Inver Grove Heights to better plan for emerging development proposals (i.e. Wispark, Oakview Center, etc.). In addition, the adoption and implementation of an Access Management Plan would greatly assist the City in qualifying for State funding for frontage road improvements, both new and existing. The City was subsequently successful in securing approximately $200,000 toward the improvement of the frontage road in 1999. We were also successful in receiving preliminary qualification for frontage road improvements in 2000 near the new Blue Water Rd. (formerly Lawrence Ave.) intersection with Hwy 55. This comprehensive Access Management Plan has just recently been completed and is in the process of being presented to all property owners abutting Hwy 55 along this corridor. A meeting for the west segment (Lexington Ave. to Hwy 149) is scheduled for Wednesday, May 5. The segment east of Hwy 149 was presented at the frontage road informational open house held on April 27. It depicted the ultimate access locations and the various frontage roads that would be required to serve the local properties if, and when, they ever develop. Hwy 149 Access Mgmt In 1991, the City of Eagan commissioned an access management study for Hwy 149 from Hwy 55 to Wescott Rd. Along the northern half, it projected the need for a future 4-lane divided roadway with full access (median opening) being provided only at Boerchert lane, Chapel Lane and Rolling Hills Drive. The Oasis Market (Amoco), Stark's Saloon, proposed Kwik Trip and other adjacent properties in the northern segment were proposed to be served by internal frontage roads from the Advantage Lane access. Traffic Volumes Hwy 55 from Hwy 149 to I.G. Hts. has existing (and future 20 yr.) average daily traffic (ADT) counts of approximately 16,500 (32,000). Hwy 149 south of Hwy 55 has 17,000 (30,000) ADT. The proposed Windsor Estates development has projected traffic volumes of 760 ADT and the proposed Cherrywood Knolls development has projected volumes of 220 ADT. A typical local residential street can accommodate approximately 2-3,000 ADT. A 2-lane undivided highway (i.e. 149) can effectively handle approximately 15-20,000 ADT. A super 2- lane highway can accommodate approx. 25,000+ADT depending on intersection constraints. ISSUES Frontage Road Improvement At the April 6 Public Hearing, several property owners expressed concern regarding the inadequacy of a substandard width frontage road (28' vs. 32') to safely handle the increased traffic from the Windsor Estates development. At previous neighborhood meetings, they had requested the City to consider a Cul-de-sac at the east end of the frontage road cutting off the Windsor Estates traffic. Other options including a cul-de-sac at the west end lab were also investigated. The City Council continued the frontage road improvement to allow MnDOT to verify the residents concerns regarding restricted sight distance at the east frontage road entrance to Hwy 55. MnDOT's evaluation indicated that the sight distance is poor and not safe for a 65 mph divided highway at this location. The east end access of the frontage road to Hwy 55 should be removed and the median opening restricted to a 3/4 access (no left turn to eastbound) for the property owners on the north side. This will require all the traffic from the Windsor Estates development to use the frontage road to access Hwy 149 opposite the combined access for Dart, Stark's, and Kwik Trip (DSKT). Hwy 149 Access Locations If the frontage road were to be reduced to a local street with no connection to Hwy 149, the combined access for DSKT was then proposed to be relocated approx. 150 feet further south opposite the current entrance to the Amoco station (formerly Fina Serve). A joint development meeting was held on April 20 to try and achieve consensus for ultimate access locations. Everyone in attendance concurred that Advantage Lane should remain as a full access intersection. However, Amoco (Oasis Market) and the DSKT group could not agree on the location for their combined full access intersection. Amoco wants it opposite their current entrance to Hwy 149 and DSKT want it opposite the frontage road where MnDOT has recently issued an entrance permit. The other locations at Chapel Lane and Rolling Hills Drive are not in dispute. Chapel Lane Access to Hwy 55 At the April 6 Public Hearing for the internal neighborhood street overlay Project 764, residents expressed a concern about all the traffic from the development of the Cherrywood Knolls Addition having to use Chapel Lane to Hwy 149 for their only access. It would be prudent and timely to improve the extension of Chapel Lane (Louis Lane) out to Hwy 55 to provide a second outlet for the neighborhood and a more direct access for the new development. This new Chapel Lane access to Hwy 55 meets MnDOT's standards and would be eligible for a future signal when traffic volumes warrant it. Windsor Estates Access If the frontage road is essentially reconstructed as a local street with no connections to Hwy 55 or 149, Windsor Estates would have to receive access from the internal neighborhood via Chapel Lane, Random Rd. and the Frontage Road. An evaluation was made to see if an alternate access could be made available from the proposed Chapel Lane connection to Hwy 55. Two optional alignments were identified. One provides for a private access drive along the south property line of Schaaf Construction. However, on this alignment, there is a substantial stand of 30+feet tall pine trees that serves as a significant buffer between the residential homes and the commercial operation. A second option involves an alignment to the south to Chapel Lane between two existing homes. No structures would be impacted, as there is approximately 100 ft. of side yard open space between the homes. Either of these options provide for a more direct connection to the Chapel Lane access at Hwy 55 and the local neighborhood Park (Burr Oaks). The elimination of the frontage road connection and the accommodation of the Windsor Estates and Cherrywood Knoll Addition traffic to the Chapel Lane intersection with Hwy 55 may help warrant the installation of a traffic signal much sooner than waiting for the north side of Hwy 55 to develop. 13 I OPTIONS Two alternatives were prepared of the various options discussed previously to present to interested and affected property owners for comments and suggestions. Attached to this report are the two alternative plans and letters/minutes/comments from neighborhood and business group meetings and from the informational open house. Each alternative has its own supporters. A modification to accommodate everyone's concerns has not yet been identified. Several development applications are waiting Council direction or action so they can proceed this year. All improvements shown on Alternatives 1 & 2 are not proposed for immediate construction but rather staged with development pressures or traffic needs. The frontage roads shown on the north side of Hwy 55 are proposed to be constructed with development. The improvement to upgrade Hwy 149 to a divided 2-lane (Super-2) roadway cannot happen before 2003 if Federal funding is to be secured through the Metropolitan Council application process. However, this segment ranks very high for eligibility criteria and may have a chance for an earlier date if an application is submitted quickly. Approval of the Access Management Plan and the reduction/consolidation of accesses will also increase the potential for State and Federal funding assistance for the frontage road improvements, signalization and highway upgrades. CONCLUSION The City Council should give careful consideration to the various issues, options and alternatives and provide specific direction to staff for implementation of the necessary public improvement processes. I will be available to help explain any aspect of these plans and assist in reaching an acceptable conclusion. Respectfully submitted, Director of Public Works Attachments: Alternate layout plans Minutes, comments and letters 3as. Access Management Open House—April 27, 1999 Comments: Property Location: ♦ Avoid through traffic on Service Road to protect pedestrians & Chapel Lane cyclists and we must have a traffic signal on Chapel Lane and Hwy. 149 ♦ Alternate#1 at least divides the extra traffic flow from new developments between Frontage Road and Chapel Lane. Alternate#2 puts all the extra development traffic on Chapel Lane. Without footpaths on Chapel Lane, I feel this is unfair to residents. ♦ Prefer Alternate#1 ♦ As usual the City is caving to new development at the expense of Joyce Court existing citizens. ♦ Present 65 mph speed limit on Hwy. 149 to Argent—should be Hwy. 55 lowered - kids on highway. (North Side) ♦ As long as the north side of Hwy. 55 proposed Frontage Road is not developed past 2 properties, including above address (3350 Hwy. 55), plan is ok, under duress! If development is in 20-30 years down the road and all properties on the north side agree, so be it. ♦ Leave at least one entrance and exit to enter Hwy. 55. What about Frontage Road safety on Frontage Road? ♦ I strongly oppose Alternate#l. It undermines the neighborhoods concerns regarding safety due to the increased (120% increase) in traffic flow that the Windsor Estates Development could bring. This item was discussed in length at the last City Council meeting. Option #2 makes the most sense to the neighborhood as a whole but has disadvantages to the property owners to the east unless an agreement can be made with them. It would give outlets to Hwy. 55 east and west and Hwy. 149 north and south. It would eventually promote signalization on Hwy. 149 and Chapel Lane which is needed. Again, alternate #1 would make the neighborhood safe and have benefit to the highest number of residents. ♦ Both proposals show "Advantage Lane" as full access to Hwy. 149, Transportation our concern is that it stays at full access since most of our business Components deals with trucks and trailers that need to go north on Hwy. 149 when they leave our property. The concern is also that the intersection have enough room for a tractor/trailer combination to have enough room to take a left turn through that access point. ♦ #1 or#2 are both fine. f ) ♦ Frontage Road removal would not only be detrimental to residential Oasis Markets property owners but also business of Oasis Markets, an Eagan based company. ♦ Our organization would prefer option#2 over#1 ♦ Alternate 42 seems best—keep service lane closed— for pedestrian Anonymous and bicycle traffic. ♦ Alternate#1 or 42 is fine Sunfish Lake ♦ Would prefer#2 Clippers Road ♦ Since West Publishing and UPS have gone in south of us on Hwy. Wren Lane, Eagan 149, we have not been able to make left turns from Chapel Lane on to Hwy. 149 and Hwy. 149 on to Chapel Lane during rush hour traffic, and have hence made frequent use of the Frontage Road access to Hwy. 55 between Hwy. 149 and Random Road. Closing this option without putting a traffic light at Hwy. 149 and Chapel Lane leaves us really stuck for a safe way in and out of our neighborhood. A separate issue is the need for a stop sign at the intersection of Random Road and Chapel Lane—Random Road is not only curved but also a hill, and therefore a blind approach to Chapel Lane. Cars routinely come up that hill and turn either way on Chapel Lane without slowing or being able to see oncoming traffic on Chapel Lane. Since my driveway is opposite Random Road, I occasionally find a car taking my driveway to avoid a collision with someone ripping onto Chapel Road from Random. Also, this location is a collection point for five school buses. ♦ Option#2 is the best option safety wise, but the impact to landowners Sally Circle, Eagan on Chapel Lane where roadways are proposed may be a problem. It seems that there is also the issue of Windsor Estates (proposed). Option #1 is not an option - it totally ignores all safety issues the neighborhood has addressed. 10 INFORMATIONAL MEETING TRUNK HIGHWAY 55 TUESDAY, APRIL 27, 1999, 4:00 P.M. NAME ADDRESS 1. r ✓v` (rte 3 27S �j��dZ i4 2. 3. 4. 5.7. 6. qo _T 8. KEVIN] Ml'ttS I5So0"- %L-p' P% x-nv'LWSL5 St,`r:.,5�► N. kir�� 9. Nt .Ke C4 1, 3(C"1 ---Y6 is e c!7- 10. � 1D6oD PeAnD 12. Pd/,z 00 13. E L 14. 15. 16. n lcl- 332s � S � Xbq -S4 17. 18. 1 e/1 fl 20. G:FORMS/SIGN-I N.Sheet 35� NAME ADDRESS 21. llfpB 72O0 XerKeS Cloo,i�il n ` / 22. c.�cc/ l�l602 23. J --�-r� 24. p� 25. ,L - 26. 27. 28. C4� -�L-3 29. 30. Ta4,)IkJLf a&(, CO)Cac 6twap- 6aL Oro% 31. </30 32. 33. 34. 35. 36. 37. 38. 39. 40. 13�e CITY PROJECT NO 739 TH 55/TH 149 ACCESS MANAGEMENT MEETING TUESDAY,APRIL 20, 1999 2:30 P.M. CONFERENCE ROOM lA& 1B Attendance: Tom Colbert, Public Works Director; Russ Matthys, City Engineer; John Gorder, Development/Design Engineer; Pam Dudziak, Planner; Sherry Narusiewicz, Mn/DOT Metro; 8 people representing 5 properties (see attached sign-in sheet). A. Welcome and Introduction • Public Works Director Colbert welcomed the property representatives and summarized the access management proposal. B. Questions/Comments 1. Gary Starks would like the access to remain as currently proposed with the Kwik Trip proposal. 2. Trucks want to go north on TH 149 from Borchert access road(Advantage Lane). 3. The Oasis Market would like two accesses off of TH 149. They are not concerned with the access to TH 55 from the east. On-site circulation is very important to them. 4. Jack Hoeschler sees TH 55 as a local community street rather than a regional collector and he believes that we should serve local interest before regional. 5. Extend Borchert Lane further east of Mike Collins Drive for access for Transportation Components Co. (Borchert-Ingersol) into industrial park. 6. Full access desired at Advantage Lane with full access at Starks/Kwik Trip entrance across from Oasis Market—Transportation Components and Kwik Trip want full access at Advantage Lane. 7. Use Frontage Road as a right turn entrance/access from TH 149 to E TH 55 with the current access point 400' west of Random Road. 8. Oasis Market wants full access at current south entrance to site with right in/right out access at the existing Frontage Road. Oasis Market could accept full access at Frontage Road with continued access to TH 55. 9. How about%access at the TH 149/Advantage Lane intersection with a left out only,no left in? Full access desired. 10. Oasis Market wants Frontage Road access to TH 55 at the existing access point 400' west of Random Road. Also full access at Chapel Lane and TH 149. Oasis Market doesn't want full access at Advantage Lane if Kwik Trip will have full access at Starks/Kwik Trip entrance. 11. 480' is the standard left turn lane distance. MnDOT could close off full access at Advantage Lane in the future if signals are put in at Frontage Road and Chapel Lane. 137 TA 149/55 Access Management Tuesday,April 20, 1999 2:30 p.m. Name Address Phone Number Gary Santoogian (Dart) 800 Lone Oak Rd. 651-683-1406 Bob Mueller 178102 d Ave. N. Plymouth 612-476-9573 Scott Teigen Kwip Trip Inc. 715-235-6626 Gary Starks (Starks Caf6) 3125 Dodd Road 651-454-9210 Johnny Gill (Oasis Market) 2020 Silver Bell Road 651-452-9161 Scott Stevens (Oasis Market) 2020 Silver Bell Road 651-452-9161 Ext. 216 Jack Hoeschler Dart/TIP 612-305-1466; 1419F Peter Lund Transportation Components Co. 612-645-7731 13� Apr-,21 -99 10 : 49A P . 02 John G. Hoeschler, P.A. Attorney 1400 AT&T TOWER, 901 Marquette Avenue Minneapolis, Minnesota 55402-3264 (612) 305-1466 (Fax) 305-1419 FAX MEMORANDUM MEMO TO: Tom Colbert FROM: Jack Hoeschler DATE: April 21, 1999 RE: Access Issues Around 149/55 This is to summarize the points made by the representatives of Dart, Starks and Kwik Trip (DSKT) and to note comments made by others at our meeting with you yesterday afternoon at the request of the City. DSKT have been working for the past year to consolidate and rationalize their individual rights of access to Highway 149. In addition, they have worked with TIP to coordinate the design of their water, sanitary sewer and storm sewer systems as well as access for the benefit of all, including the City. Their combined plans are being submitted to the Planning Commission and the Council for final review and approval on this review cycle. Dart, Starks, Kwik Trip and TIP all speak with a unified voice. They are joined by Transportation Components, the owner of the Power Brake facility at the west end of Advantage (informally Borchert) Lane, as well. The DSKT position is as follows: 1) The 4 legal entries to 149 for these properties should be consolidated into 2 full entries — one at Advantage Lane and one at Starks. 2) A north entry exactly opposite the Amoco entry will not work for DSKT and, therefore, we resist that strongly. 3) The Advantage Lane full intersection needs to be kept open to allow trucks from TIP, Dart and Power Brake to proceed north onto 149 in a safe and efficient manner. If Advantage Lane becomes right out only because of a median, the truck traffic will naturally wind its way through Kwik Trip to get out at the DSKT full access creating a very unsafe and inefficient situation. If it does not do that, it will wind its way through Chapel Lane to 55 or Yankee Doodle to 35, both results contrary to Council intent. 81 Apr-.21-99 10 :49A P . 03 Mr. Tom Colbert April 21, 1999 Page 2 4) At the City's urging, Dart/TIP are exploring with Brookstone/KAMI, the owners to the south, a possible realignment of their common boundary (currently diagonal) to allow the possibility that TIP could send its traffic to a proposed full intersection at Chapel Lane. But even if that is achieved, Power Brake and Dart traffic generated west and north of Advantage Lane as well as Kwik Trip truck traffic still needs a full intersection at Advantage Lane. I personally spoke in favor of keeping open the frontage road around Amoco to serve as a relief for the 149/55 intersection. Amoco also spoke in favor of keeping that frontage road and the first access to 55 east of Amoco open. Amoco is continuing to study its access needs and will speak for itself. Beyond wishing to have the DSKT access opposite the frontage road intersection with 149, DSKT are otherwise not involved in the frontage road issues along 55. DSKT are similarly not involved in the Chapel Lane and Rolling Hills intersection issues but I again, on behalf of TIP and Brookstone, spoke strongly in favor of a full intersection at Chapel Lane. The importance of the Starks and Advantage Lane intersections cannot be emphasized enough. Their spacing is appropriate for anticipated turning movements and they operate as a pair. To suggest limiting the Advantage Lane intersection would greatly compound truck/car difficulties by either forcing more truck traffic south on 149 (clearly contrary to Council intent) or north through already busy private property to the DSKT intersection. I also argued that Highway 55 northeast of South Robert Trail should be recognized as a major local corridor and not simply an express route to and from the airport for Rochester residents. These roads (55 and 149) should be viewed as urban and not rural sections and the guidelines for intersection spacing should be adjusted accordingly. Treating them like expressways and viewing their functions solely from the point of view of through traffic is neither correct nor realistic. We appreciate your heads up call regarding the roadway proposals you described. We will continue to work with the City and MNDOT staff to address these issues. But we do not want to jettison a year's worth of hard work just because a few residential property owners want to eliminate a frontage road. cc: Gary Santoorjian Scott Teigen Peter Lund Len Kuhn Rick Martens 1Y) %904#71S MARKAFET Twin Cities Stores, Inc. 2020 Silver Bell Road, Suite 23 Eagan, Minnesota 55122 Phone: 612-452-9161 Fax: 612-452-9233 21 April, 1999 Mr. Thomas A. Colbert, P.E. Department of Public Works 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Tom: The nature of this letter is to reiterate our concerns and issues as they relate to the proposed changes for Highway 149 and the accessibility to frontage road. Specifically, our contention would be to three points;those being, (1)our business can not operate as a going concern with one access, (2) frontage road has a significant impact to our operation and closing or restricting the use would have an adverse effect on our business, and (3) we would like equal entrances and exits as afforded to the Kwik Trip or you would place us in an uncompetitive position. Although we have issues as they relate to this project, I would like to thank you for your professionalism in handling the meeting and the opportunity to voice our opinions. As you are aware,the meeting started to spin off into a group of individual businesses against our corporation; however,please also keep in mind that we currently operate five facilities and our corporate office in your city. Additionally, we have and continue to contribute to the Civic Arena, school sponsored projects, and other community related activities. I am not asking or insinuating we would like preferential treatment, but do respectfully request you consider our interests. If your time permits, I would like to discuss the details of the project with you. Please forward me a list of significant dates in the future so that I can make arrangements to attend. In the event you have any questions, please feel free to contact me;otherwise, I thank you for your time and consideration. Respectfully submittedSV-- Scott--S� L. Stevens President .cc Sherry Narusiewicz—Minnesota Department of Transportation JAhm P.LARM LARKIN HOFFMAN DALY &L LINDGREN LTD. JOfA4141T�1tA4�Y ROMTLIIORVAN IRCNIBJ S1Nfft w o": ATTORNEYS AT LAW ,P « 00E N,RXUR EPEE L,Aw"em Mw a e urn MLU".4 tNOROfteN s5.WCELL 15M NQRVVEST FINANCIAL CENTER AM 14ME'YJR mmurmm.1.MIZE 1 TN M K PFISPeR.tTO1.TYAN 7900 XERXES AVENUE SOUTH WwCOUwr OL a 06T WrWA C.MCKM N BLOOMINGTON,MINNESOTA 8Bs31-1194 ��N J.KAUMN JOWL 0�x TIS F.ALF)VAM MO"L DAIERWASU J TELEPHONE(61218353800 oar T.MOM 24~A.VVNilJREiJ mo i.P. FAX(612)906-3333 �::�A GaMio t-tatjf C.o HAN.Rt JON L UNOOLIST t:EILB/T ho"M DAYUMM M' JOINTYCIE9it JLM A.wt TPR" 4"464 AL 66SAG PALL L PURAwTT AWNEW O.RYAN" ALARL Rtad4 OMAlh.1 W&UNISE KAMXIN U.MCOTTE IEVAUN UM d Ne/OOt9iM IYCHAML b.LMARON GWA 94FF Q ASIMG OREOORY E KORfTAD SONYAP 8kAU40C.W4ETG'� *MAYA.VMI UX&' .10M J.PRTANTE Jt. MANEL L 90Y1 M IMM&owtS70nQtppN TAKrw L MANN LAVA K UMl ALAN W AN100" EON MICHAM W,SCHM ORAL A 8010 ETT NOWIL KPEPB TAMARA K OW.0 TwUND"E.WOW CAAV I Afi4AWA% 0FCXM attCL OVATTOPOWN J.NANRWKAL JAMF.OALY Mama ORROOCt Q OW&TH UNDGRE I WFLIM J.COU RAR ALLAN E HILIOAN VMLLYM C.GRWRM.A. 4060"4" X04N R.WL PETER A COM C. ' AL26ADUMM N V400MM LARRY O.Kamm — OII.V A0WrTW N JANE E.EtEEER "'.rAO w DPM April 26, 1999 Mr. Mike Ridley Ka Facsimile and U.S. Mail City of Eagan 3830 Pilot Knob Road Eagan,Minnesota 55122 Re: Windsor Estates Development Application; Our pile No.22,391-06 Dear Mike: As we discussed, Hartford Financial Services, LLC is interested in participating in discussions to resolve access to Highway 55. Therefore, until this issue is resolved, we ask that the development application for Windsnr Estates be continued at the City Council. To further our discussions with the principals in the project, we request a copy of the proposed alt=ativc access to Highway 55. We also plan to attend the informational meeting scheduled for Tuesday, April 27, from 4-6:45 p.m. in the Community Room, at City Hall. 4ARKIN, l' Zfffii r.,FMAN,DALY& LINDGUX, td. cc: Jack Brandt, Hanford Financial JoAnn Olson, LSA Design Tom Colbert Bob Kirmis 0484975.01 7 d 9L�91609Z� 'ON/S�: 9'� 'ZS/9�: 97 66 ,9Z '� (NOW) �0.� Agenda Information Memo May 4, 1999 Eagan City Council Meeting .............................................. ............................................. .............................................. LID? U ArfiEss ............................................. .............................................. A. TREE CONTRACTOR LICENSE RENEWAL, OUTDOOR SPECIALTIES, 560 LONE OAK ROAD ACTION TO BE CONSIDERED: To approve the tree contractor license renewal for Outdoor Specialties as presented. FACTS: • The City is in receipt of a license application from the above referenced company. • The application has been reviewed by staff and is in order for consideration by the Council. • At the April 20, 1999 City Council meeting, action was taken to continue this item to the May 4, 1999 City Council meeting to allow staff to present information regarding the drainage issue involving this business. • The City Administrator met with Jill Wiedemann-West, 600 Lone Oak Road, regarding Outdoor Specialties regarding their license renewal. Ms. West shared pictures and information relating to a serious drainage problem that Outdoor Specialties has caused to her property since 1994. Outdoor Specialties is using property on Lone Oak Road, adjacent to the property at 600 Lone Oak Road, to store trucks and other equipment related to their business. The owner of Outdoor Specialties also resides on the property from which the business is conducted. • During 1994, the property owner cut down trees and brought in several loads of fill and Class V rock to accommodate the outside equipment storage. The fill and Class V surface has altered the drainage causing flooding to a garden, loss of trees and a play area to the West property. At one time, during 1996 to 1998, there was standing water on the West property for a period of 81 days. Once the water recedes, the West property incurs a vast amount of silt caused by the washout and drainage from the adjoining property, which has essentially made a portion of their property unusable. • After working with the City and consulting an attorney, the Wests decided to build a berm on their property to prevent runoff which allows them to reuse/re-establish the garden area, playground and green space they had prior to 1994. • The Wests have concerns that their neighbor will continue to alter the property and create a diversion of water around the berm and that the problem will continue without proper regulation and enforcement by the City or some other appropriate action. • Staff has prepared a brief summary of events associated with the drainage problems. • The City Attorney has indicated that the license renewal request and drainage concerns are independent of each other and should be addressed separately. ATTACHMENTS: • Memo from staff enclosed on page�. � �3 ' city of eagan MEMO TO: Russ Matthys FROM: Craig E. Knudsen DATE: April 27, 1999 SUBJECT: Outdoor Specialties—560 Lone Oak Road. Identified within is a brief summery of events associated with the drainage problem at 560 and 600 Lone Oak Road. The problem originated with the construction of the home at 560 Lone Oak Road a couple of years ago and then escalated this summer with the continuation of landscape and grading as well as an expansion of outside storage. On July 16, 1998 the City received a complaint about the drainage from 560 Lone Oak Road. Also about the same time the Community Development Department received a complaint regarding outside storage and a landscape business. In addition to several letters, Mary Granley and I met with the Chris Rossman of 560 Lone Oak Road on site to evaluate the problem and establish necessary corrections. Many of the complaints by the neighbor were legitiment and primarily due to the original neglect from 560 Lone Oak Road to control erosion and to follow outside storage requirements. As a result of efforts to eliminate the problems the property proposed to construct a pole barn for storage and complete and stabilize the site to eliminate the erosion. In addition, Mr. Rossman constructed a small detention pond to reduce the runoff to the adjacent property. With the control of erosion and reduction of stormwater discharge this property owner has made considerate efforts to eliminate the problem. It should also be understood that Mr. Rossman did not significantly change drainage patterns within this drainage district. The stormwater runoff has always followed the same general direction. It was only with the lack of erosion control carrying silt and an increase to the impervious surfaces adding slightly to the volume that created the problem. With additional time for the establishment of additional vegetation this issue should be resolved. However, the property owners at 600 Lone Oak Road at some point constructed a berm along the property line blocking the natural drainage. It appears as thought the berm was constructed within the limits of the City Code although it can result in a back up of stormwater runoff. Therefore, damages as a result of this dispute is between the two private property owners and should be subject to claims based on litigation if so desired. Agenda Information Memo May 4, 1999 Eagan City Council Meeting B. INTERIM USE PERMIT—WAYZATA BAY CENTER COMPANY (DAKOTA COUNTY TECHNICAL COLLEGE) ACTION TO BE CONSIDERED: To acknowledge the withdrawal of an Interim Use Permit(IUP)to allow 6,100 square foot of the existing Cedarvale shopping center(located at 3914 Sibley Memorial Hwy in the NE '/4 of Section 19)to be converted into classroom space for the Dakota County Technical College customizing training department subject to the conditions listed in the APC meeting minutes. FACTS: ➢ This item was continued from the April 6, 1999 City Council meeting. ➢ The applicant has formally withdrawn his interim use permit request. ATTACHMENTS (1) Applicant correspondence,pageN te 1 � 612 535 3958 APR-29-1999 10: 14 UPPER MIDWEST MGMNT. 612 535 3958 P.02i02 �r4.0 y/.2f/f f 41j o lir/ _ Gy/ ^ I-q-57V ,lox New Hope April 28, 1999 Bob Kirmis City of Eagan 3830 Pilot Knob Road Eagan,Minneosta 55122 Dear Mr. Kirmis: At the April 6, 1999 City Council Meeting, Wayzata Bay Center Company received a continuance on our request for an Interim Use Permit with Dakota County Technical College. We had asked for the additional time in hopes of salvaging our proposed lease at Cedarvale Shopping Center. Unfortunately, because of the uncertainty clouding the Cedarvale Area and the related timing problems we have been unable to do so and therefore request that this item be dropped from the next scheduled City Council Meeting. Sincerely, Upper Mid st Management Corp �a7l Gregg L Larson Commercial Properties Manager GLL:jr 1106 S. &ooclway, Box 834 Upper Midwest Monogernent Corporatbn 4900 Hwy 169 N. -Suds *100 New Ulm, MN 56073-0834 pe Now Ho , MN 55428 (507) 359-2004 � � (612)636-4914 FAX(507) 354-1638 FAX(612)535-3958 TOTAL P.02 Agenda Information Memo May 4, 1999 Eagan City Council Meeting C. VARIANCE (FRONT YARD SETBACK)—VISION TECHNOLOGIES ACTION TO BE CONSIDERED: ➢ To approve a 30 foot Variance from the required 30 foot setback from a public street for an existing structure located at 3900 Sibley Memorial Highway in the northeast 1/4 of Section 19. FACTS: ➢ This item was continued from the March 2, 1999 City Council meeting to allow a determination to be made whether the request will be affected by the provisions of a Highway 13/Cedar Avenue moratorium. ➢ The applicant is proposing to covert the existing drive-through teller area of the former"Valley National Bank" into leasable office space. The processing of a variance is necessary as the drive-though canopy currently exists as a legal non- conformity by not meeting applicable front yard setback requirements. ➢ Including the proposed 1,966 square foot office addition, a total of 16,386 gross square feet of office space would exist on site. ATTACHMENTS (2) Minutes of the March 4, 1999 City Council meeting, pagejgp through)4q Staff report, pages 0 through 14-7 EAGAN CITY COUNCIL MEETING MINUTES;MARCH 2,1999 PAGE 4 Mayor Awada acknowledged the two items that were separated by motion from the consent agenda. In regard to Item L, Project 9'-receive feasibility revort/ schedule public hearing,�rre Heights(Federal Drive to YankeeCouncilmember Blomquist indicated X she would be voting against this item.: Councilmember Bakken movk-Mayor Awada seconded a motion to receive the draft feasibility report for Project 758 (Surrey Heights*)5*r'-ive-Street Overlay)and schedule a public hearing to be held on April 6,1999. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) In regard to Item M,Contract 99-01,approve plans/order ad for bids(1ohnny Cake Ridge Rd. Thomas Lake Rd.,Woodgate 3rd-Strfi rhnorlxv Councilmember Blomquist indicated she would be -X voting against this item. Councilmember Bakken mov*i ;Counc* mber Carlson seconded a motion to approve the plans for Contract 99-01 Gohnny Cake RidM..RQp.d,.-ThomA$Lake..Rpad,Woodgate 3rd/Tiberon/Mallard Park ening to be held at 10:30 a.m. on 3rd—Street Overlay)and authorize thtii:Ov.. OP 'tj:- Thursday,April 1,1999. Aye: 4 Nay: 1 (Couni� ml�e'r omquist opposed) Councilmember Bakken moved,Councilmember Carlson seconded a motion to move consideration of the Interim Ordinance,greater Cedarvale Area/H%,y. 13 corridor,back to Item C of New Business. Aye: 5 Nay: 0 VARIN-Kd,VISION Tf.tHNOLOGIES,INC. 3900 Sjjj--* �MQR' IAL HIGHWAY City Administrator Hedges provided an overvie"w**.:*iW this item. Senior Planner Ridley gave a staff report. Councilmember Carlson moved to approve a 30 foot Variance from the required 30 foot setback from a public street for an existing structure located at 3900 Sibley Memorial Highway in the northeast 1/4 of of Section 19. The motion failed for Lack....a. .4econd. .......... X ksin seconded a motion to deny a 30 foot Councilmember Bakken mo %X-F oun�j�� ..-k blic street for an existing structure located at 3900 Variance from the required 30 foot from*pu Sibley Memorial Highway in the nor#wast 1/4 of.,qqEtion 19. ... ....... ............. ... .... Mayor Awada opened the Quinn Hutson,representing the applicant,stated that the applicant has invested over$100,000 rejuvenating the building and the site. He added that the drive-through canopy,which has resulted in the legal non-conformity,existed prior to the applicant's purchase of the site. He added that the applicant would like to convert this area into useable:4iffi, He further added that the proposal will a eliminate access to Rahn Road and w •b iwksafety. Mavor Awada asked if the applicant was aware thii,the Council would be considering a moratorium on development in the ffi!kter Cedarvale areafter in the agenda. Mr. Hutson indicated they were not aware of this. The applicat&% ;n&-Vj --T-tchnologJes,provided background this proposal will visually improve the information on the nature of the bu aesthetics of the building. 14-P EAGAN CITY COUNCIL MEETING MINUTES;MARCH 2,1999 PAGE Councilmember Masin commended the applicant for improvements he has made to the property but questioned the safety of locating tAtc:ttuilding addition so close to the road. She asked if the building would preclude the construction of a :adjacent to Rahn Road. Senior Planner Ridley statedt3iCt : Ai }i# d; f:t :structure of the canopy are already in place and he did not know if enclosing the s�ii�*:'%itslB:aY &aaafety problem. The applicant reiterated that elimination of the access to Rahn-RdAd would enhance safety. There being no one else wishing to speak,Mayor Awada closed the public hearing. Councilmember Masin asked about the affect granting the variance would have on future development of the site. Senior Planner Ridley stated that the variance would only allow the applicant to enclose the existing canopy and any fl*i' er deviations from what is approved by the Council would require additional Council approval.;Ouncilmt er Masin said that,given the explanation provided by Senior Planner Ridley,she would supe rt the viiiiiiitce. Councilmember Blomquist stated.gt .sht-is,e•Acnurdgl'd to see a successful business in this area and said that she does not believe this.� iE0f6& by the redevelopment of the greater Cedarvale area. Councilmember Bakken said that his only concern with the proposal is in regard to the moratorium that is going to be considered by the Council and added that he does not want to create an unrealistic expectation on behalf of the property owner regarding the long term use of the property. Mayor Awada stated that she has.thC:sa :Ctirns as Councilmember Bakken. She added that if the canopy did not already exist the. iiQt allow a building to be constructed in this area given the setback. She further addedi'that n4 hardshij;i:):ias been proven by the applicant. Councilmember Masin said that the diive*trg*:;uga either needs to be improved or removed. She suggested that the Council continue the applicanf'S'i'est until discussion about the moratorium has occurred. Councilmember Carlson concurred. The applicant agreed to a 60-day continuance of this item and clarified that the reason they would like to create additional office space in the drive-through area is due to the tremendous growth their business is experiencing. Councilmember Bakken witl i '�,his' - g"-1 iohon to deny the Variance and Councilmember Masin,as the seconder,concurred w;ffi-:the withti!';ewal. There was no objection by the Council. Councilmember Bakken moil Couut3l mber•Masin seconded a motion to accept the applicant's request for a 60-day cont3sji #ic6 t�ye::°� itiy:: PROJECT 759, (BEAU D'RUE DRIVE-STREET RECYCLING) City Administrator Hedges provided an overview on this item. The Council concurred with st:$Siigg : t this project may be premature prior to the completion of the Cedarvale Are Re41:'e4t pment Study % duled for completion later this fall. Councilmember Blomquist IW6ved,Councilmemb��arlson seconded a motion to deny Project 759,Beau d'Rue Drive(Street Recyc�i'' PLANNING REPORT CITY OF EAGAN REPORT DATE: February 24, 1999 CASE: 19-VA-05-04-98 APPLICANT: CNH Architects HEARING DATE: March 2, 1999 PROPERTY OWNER: Vision Tecnologies PREPARED BY: Bob Kirmis REQUEST: Variance (front yard setback) LOCATION: 3900 Sibley Memorial Highway (NE 1/4 of Section 19) COMPREHENSIVE PLAN: CSC, Commercial Shopping Center ZONING: CSC, Commercial Shopping Center SUMMARY OF REQUEST Mr. Quinn Hutson, on behalf of Vision Technologies is requesting approval of a 30 foot a Variance from the 30 foot front yard setback requirement for the former"Valley National Bank" located south of Rahn Road and east of Cedarvale Boulevard in the northeast 1/4 of Section 19. Specifically, the applicant is proposing to convert the existing drive-through teller area into leasable office space. The processing of a variance is necessary as the drive-though teller canopy area currently exists as a legal non-conformity by not meeting applicable front yard setback requirements. The subject property is zoned CSC, Commercial Shopping Center. 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 therein 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. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. That granting of such variance will not merely serve as a convenience to the applicant, 5D Planning Report—Vision Technologies March 2, 1999 Page 2 but is necessary to alleviate demonstrable hardship or difficulty. CODE REQUIREMENTS The CSC zoning district imposes a minimum setback of 30 feet from any public street. EXISTING CONDITIONS The subject property is unplatted and measures approximately 3.5 acres in size. The 14,420 square foot structure which exists on the site was constructed in 1963 as the Valley National Bank. In 1972, the bank added a 1,966 canopy to cover it's drive- through teller lanes. As shown on the submitted site plan, the canopy is located at the site's northern property line and fails to meet the required 30 foot building setback. The property has subsequently been owned by several banks and most recently leased by Premier Coin. Vision Technologies purchased and has occupied the site since early 1997. Currently, the drive-through teller area is utilized as a carport. The City is in the early stages of the Cedarvale Area Redevelopment Study and this proposal should be viewed in relation to the redevelopment of the area. The site is bounded on all sides by commercial uses. EVALUATION OF REQUEST Structure Modifications - The applicant is proposing to convert the existing drive-through teller area into leasable office space. Because the teller area (and associated drive- through canopy) fail to meet the 30 foot setback requirement, the processing of a variance is necessary. The proposed office addition is to involve the erection of non loadbearing walls between structural concrete columns that presently exist. In addition, the applicant is proposing to remove a portion of the structure's roof overhang that presently lies within the Rahn Road right-of-way. The office addition is to be finished to match the existing building. Off-Street Parking - Including the proposed 1,966 square foot office addition, a total of 16,386 gross square feet of office space would exist on site. Thus, a total of 87 off-street parking stalls would be required of the use. With a total of 96 spaces being provided, off- street parking requirements have been satisfied. Access - The subject site is presently accessed via Rahn Road and Cedarvale Drive. It is the applicants intent to eliminate the existing Rahn Road access which had originally been utilized as an exit for drive-through patrons. In conjunction with the removal of the access, the applicant intends to remove the asphalt in that area and replace them with sod. 161 Planning Report—Vision Technologies March 2, 1999 Page 3 APPLICANT'S ESTIMATE OF HARDSHIP The applicant contends that the requested variance should be approved for the following reasons: 1. The proposal will visually improve the aesthetics of the building. 2. The elimination of the Rahn Road access will improve vehicular safety and circulation in the area. 3. The conversion of the former teller drive-through lanes to green space will visually improve the area. 4. The removal of a portion of the buildings roof overhang will remove an existing encroachment in the rahn Road right-of-way. 5. The investment in the property will likely increase its value. SUMMARY/CONCLUSION The applicant is requesting a 30 foot variance from the required30 foot front yard setback applicable to the subject property. A determination as to whether the applicant has sufficiently demonstrated hardship and the relationship of this proposed improvement with redevelopment in the greater Cedar-vale area is considered a policy matter. ACTION TO BE CONSIDERED To approve or deny a 30 foot Variance from the required 30 foot setback applied to a property addressed as 3900 Sibley Memorial Highway in the northeast 1/4 of Section 19. If approved, the following condition should apply: 1. Any existing structural encroachment in the public right-of-way shall be removed. I9 Location Map > f �J Ott• yV[t 00L 40" {� t—,VA[[LL IIOY ' SUb*ect Site • `• Y Is •t' IAS. �t ��" Y f �' CL tSd r s� ♦ E a• � � r `<.4! rye■d W i + ♦ �' i f ala Rei t ,r V4 c•e+[uuw[ SIC IG71:=t G t000 o IMO Fen Development/Developer: Vision Technologies Application: Variance Case No.: 19-VA-02-02-99 mid unng ESI Arcview 11. P bwe mW inforrrmbm prodded LvkM Cow ty Land Swny D[p■trr■rt and it asmni at d DttsrEsr199& „ E City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY OYM—ify D&WOWTOW DWWVrWg ti The City of Eagan and Dakota County do not guarantee the accuracy of this Information. w n-wi a.ra��tir a w r w,w a. ■fi,Qpp 17u,0 M 11IJ�1ADOIDNHM� I� I �aQ o ' a, 4 , _ q .lt � lb 02 1109 SITE PLAN 154 , v .i. I Ilii � s � s fill a W z wt. F - - BUILDING ELEVATIONS YT41000 11AA (� Mwmn �'J010Mf�31 M0lSIA I$�( ZaQ lit a Y � , 0 m FLOOR PLAN 7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-75W (612)431-4433 February 11, 1999 Mr. Mike Ridley Planning Department—City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Project Narrative — Vision Technologies Office Expansion The following is a narrative description of the request for Variance to the Building Setback for the existing structure at 3900 Sibley Memorial Highway owned by Kenneth Myers and his company, Vision Technologies. The subject property is approximately 3.5 acres of land with an existing 14,420 square foot building originally built in 1963 as Valley National Bank. The bank later added a 1,966 square foot canopy to cover the drive-up teller lanes. The property has subsequently been owned by several banks and later by an out-of-state developer who rented it to Premier Coin. During this period the building went into disrepair and neglect. In 1997, Mr. Myers purchased the property, moved Vision Technologies to the site, and began to renovate the building and grounds. In the past two years the building and canopy has been totally reroofed, the parking lot was resurfaced, the building entry upgraded, and the landscaping was cleaned up. Vision Technologies has grown during this time and is in need of additional office space. To this end Vision Technologies has hired CNH Architects to review the options for enclosing the existing drive- up teller canopy. This would make productive use of the rather decorative structure and roof system which serves no better office related function than as a carport. The existing canopy structure extends up to the property line and as such is over the current ordinance determined building setback. The overhang, in fact, extends two feet over the property line as indicated in the attached survey. According to your description during preliminary meetings, as I understand them, this canopy received a building permit and was, therefor, a legally non-conforming element. Consequently, we are proposing to remove the overhang extending over the property line and requesting a variance to the setback for the existing encroaching canopy structure bringing it into conformity and thus allowing the Owner to remodel the structure from vehicle shelter to office space. We believe that this will improve the aesthetics of the building by revitalizing an inappropriate element of the building; namely, upgrading a teller canopy attached to what is no longer a bank into an attractive office wing. Secondly, we propose removing the curb cut and asphalt connecting the teller lanes and Rahn Road. This will eliminate the unsafe traffic condition of having a curb cut from the site at a relatively blind corner. It will also allow us to increase the green area along Rahn Road which the Owner will attractively landscape. i x ssosrr:�umDoc APPLICANT NARRATIVE /51 Finally, this variance will support a growing business within the Cedarvale area; an area targeted for improvement by the Planning Commission and City Council. The Owner purchased this property with the intentions of improving it and with the expectation of being able to use all of the inherent value of the structures on the property. This remodeling will allow them to do that in a cost effective manner. According to my cost reviews the use of the existing roof and structure will cost approximately one half as much as a comparably sized, fully new addition. Therefor, not allowing the use of this existing element would provide an undue hardship on the Owner. In summary, we believe that this Variance will provide a benefit to the city, its neighbors and to the building owner. This is achieved by improving the aesthetics of this obsolete building element, increasing the landscaped green space on the site, eliminating an unsafe traffic condition, removing the overhang from the city's property and increasing the functional value of the property. inn u n CNIH Architects cc: File Kent Myers, Vision Technologies H\m5,,NA AAnv Doc 15g Agenda Information Memo May 4, 1999,Eagan City Council VIII. NEW BUSINESS A. PRELIMINARY SUBDIVISION (REPLAT -KWIK TRIP EAGAN ADDITION) - KWIK TRIP, INC. ACTION TO BE CONSIDERED: • To approve a Preliminary Subdivision (Kwik Trip Eagan Addition)to create one lot and two outlots on approximately 10 acres, located south of Stark's cafe, abutting the west side of Highway 149 in the NW 1/4 of Section 12. FACTS: • Kwik Trip received city approval for a preliminary subdivision of this property on July 21, 1998, which divided the property into one 2.6-acre lot and one outlot. • This proposed subdivision was submitted as a resolution to the access issue raised during review of the initial development application last summer. This revised proposal consolidates the Hwy. 149 access to serve multiple parcels (Starks, Dart and Kwik Trip), and eliminates existing Starks' parking from MN/DOT right of way. The change to the subdivision creates a second outlot (Outlot B), which will be platted with the existing Starks property as a single parcel and will accommodate replacement parking for Starks. • The site plan remains substantially the same. Storm water ponding is now proposed to be accommodated off-site through expansion of an existing pond behind Starks. • The Advisory Planning Commission held a public hearing on April 27, 1999, and recommended approval, subject to conditions. A copy of the APC minutes will be provided in the administrative packet. ISSUES: • Until recently, the proposed consolidated access to Hwy. 149 appeared acceptable to both MN/DOT and the City. However, recent development applications and planned street improvements east of Hwy. 149 as well as additional development pressures west of Hwy. 149, have caused the City and MN/DOT to reevaluate the access plans for the Hwy. 149 corridor from Yankee Doodle Road to Hwy. 55. The outcome of this reevaluation may affect the location of the joint Kwik Trip/Starks/Dart access, however, the frontage system that allows Kwik Trip, Starks and Dart all to be served by a single access would still be necessary, and consequently, Outlot B and replacement parking for Starks will still be needed. Therefore, the reevaluation of the access location is not expected to affect the proposed configuration of the subdivision. ATTACHMENTS: Staff report, pages(!00 through . Memo from Engineering to APC dated April 27, 1999, page I5g PLANNING REPORT CITY OF EAGAN REPORT DATE: April 20, 1999 CASE: 12-PS-07-03-99 APPLICANT: Kwik Trip, Inc. HEARING DATE: April 27, 1999 PROPERTY OWNER: Dart Transit Company PREPARED BY: Pamela Dudziak REQUEST: Revised Preliminary Subdivision LOCATION: West of Hwy. 149 and south of Starks Cafe COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST Kwik Trip, Inc. is requesting approval of a revised Preliminary Subdivision (Kwik Trip Eagan Addition) to create one lot and two outlots on approximately ten acres located south of Starks Cafe west of Hwy. 149 in the NE 1/4 of Section 12. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. Planning Report—Kwik Trip (replat) April 27, 1999 Page 2 D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization"which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY Kwik Trip received city approval for a preliminary subdivision of this property on July 21, 1998. That plan divided the property into one 2.6-acre lot and one outlot. There were some concerns about access to Hwy. 149, and the conditions of preliminary subdivision approval allowed access to Hwy. 149 only at the south end of the development at the "Borchert-Ingersoll'road, unless access consolidation onto Hwy. 149 involving Starks, Dart Transit and Kwik Trip could be . achieved and was acceptable to MN/DOT. l� � Planning Report—Kwik Trip (replat) April 27, 1999 Page 3 For the past several months, the three parties (Kwik Trip, Dart and Starks) have been working on developing an acceptable plan for consolidated access and have reached an agreement. The revised plan displaces some of Starks' existing parking and in order to provide replacement parking for Starks, Kwik Trip is proposing to create Outlot B which will then be platted with Starks' property into a single parcel. Since Outlot B is located in the area previously designated for Kwik Trip's ponding, the ponding will instead be accommodated through an expansion of the existing drainage pond located behind Starks on property owned by Dart and Starks. EXISTING CONDITIONS The site is currently vacant and the topography is flat. There is an existing private street adjacent to the site on the south side which provides access to Transportation Components to the west. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Starks Cafe/Dart Transit; zoned I-1 (Limited Industrial); guided IND (Limited Industrial) South - Vacant; zoned I-1; guided IND East - Fina/Oasis and Television Services Labs, Inc.; zoned GB (General Business) and NB (Neighborhood Business); guided GB (General Business) and NB (Neighborhood Business) West - Transportation Components; zoned 1-1; guided IND EVALUATION OF REQUEST Compatibility with Surrounding Area—The revised preliminary subdivision appears compatible with the surrounding properties. The public hearing is required because the revised plan creates three parcels rather than the two parcels that were previously approved. The revised plan achieves a single access to Hwy. 149, provides sufficient and shared ponding, removes existing Starks parking from MN/DOT right-of-way and provides replacement parking. Airport Noise Considerations—There is no change from the previously approved plan. This property is within Noise Zone 4 and within this noise zone, retail uses are consistent. Lots—Lot 1 is 114,259 square feet or 2.6 acres. Outlot A is 303,299 square feet or 6.96 acres. Outlot B is 13,281 square feet or 0.3 acres. Site Plan—The site plan is substantially the same as the previously approved plan. As a result of the proposed access consolidation and replacement parking for Starks, storm water ponding is now proposed to be accommodated off-site by enlarging the existing pond behind Starks. In l � z Planning Report—Kwik Trip (replat) April 27, 1999 Page 4 addition, the replacement parking for Starks would be created on Outlot B which will replatted with the Starks property into a single parcel. Because of the consolidated access being located slightly north of the development site, the auto fuel pumps have been angled whereas in the previous site plan they were perpendicular to the building and the highway. Setbacks—The minimum required building setbacks of 50 feet from Hwy. 149, and 20 feet from side and rear property lines are met. Landscaping—The landscape plan is substantially the same as previously submitted. On the previous plan the access was located further south, in front of the building and gas pump canopy. With the access relocated further north, there is a gap in the landscaping where the previous access location was. Staff understands the applicant's desire to maintain their visibility, however, landscaping and berming should be continued along the full length of highway frontage to provide screening at least a few feet in height to screen vehicles and protect against headlight glare. The pylon sign and canopy should afford adequate visibility of the facility. Grading/Storm Drainage—As mentioned in the landscape section, berming should be continued along the full length of highway frontage for screening purposes. The developer should obtain MN/DOT permit approval for any grading activities within Hwy. 149 right-of-,vay. Erosion control measures in accordance with City standards should be installed and maintained as part of this development. Water quality and wetlands— This development is located in Drainage Basin E in central northeast Eagan. The development will generate runoff that is designed to discharge to EP-4, which is designated as a storm water management basin in the City's water quality management plan. Pond EP-4 then discharges to Pond EP-1, an 8.4-acre pond designated as a nutrient trap, which is connected to EP-2 via an equalizer pipe. Pond EP-2 is designated as a recreational water body and therefore warrants a higher level of protection. Pond EP-1 in turn discharges to Pond FP-1, an 18-acre pond also designated as a nutrient trap, which in turn discharges to Pond FP-14, a designated storm water management basin, which then discharges to the Minnesota River bottomlands. There is one recreational classified water body downstream of the proposed development. There are no jurisdictional wetlands within the development area. This development should meet its water quality mitigation requirement entirely through the expansion of Pond EP-4. The proposed ponding area should be constructed to meet the City of Eagan's Detention Basin Design Standards with a surface area and wet volume of at least .26 acres and .8 acre-feet, respectively. Skimmers of suitable design to the City should be installed on the outlet of all detention basins. /V3 Planning Report—Kwik Trip (replat) April 27, 1999 Page 5 Utilities—The preliminary utility plan is acceptable. Sanitary sewer is available for connection within the railroad right-of-way along the west edge of Outlot A. Water main is readily available for connection along the east edge of Lot 1 within the Hwy. 149 right-of-way. Access/Street Desi en—The conditions of previous preliminary subdivision approval allowed access onto Hwy. 149 only at the south end of the development at the "Borchert-Ingersoll"road, unless access consolidation onto Hwy. 149 involving Starks, Dart Transit and Kwik Trip could be achieved and was acceptable to MN/DOT. This application resulted from the resolution achieved by the three property owners. The revised plan displaces some of Starks' existing parking and in order to provide replacement parking for Starks, Kwik Trip is proposing to create Outlot B. Until recently, this proposed access to Hwy. 149 appeared acceptable to both MN/DOT and the City. However, recent development applications and planned street improvements east of Hwy. 149 as well as additional development pressures west of Hwy. 149, have caused the City and MN/DOT to reevaluate the access plans for the Hwy. 149 corridor from Yankee Doodle Road to Hwy. 55. The outcome of this reevaluation may affect the location of the joint Kwik Trip/Starks/Dart access, however, it will be located either as it is shown opposite the frontage road east of Hwy. 149, or slightly to the south opposite the Amoco access, or somewhere in between. In any event, the frontage system that allows Kwik Trip, Starks and Dart all to be served by a single access will still be necessary, and consequently, Outlot B and replacement parking for Starks will still be needed. Therefore, the reevaluation of the access location is not expected to affect the proposed configuration of the subdivision, but may ultimately require some adjustments in the site plan. Since the City and MN/DOT are reevaluating the access, the condition listed at the end of the report remains unchanged and Kwik Trip will be restricted only to access off the "Borchert-Ingersoll" road unless a consolidated access serving Starks and Dart that is acceptable to both the City and to MN/DOT can be achieved. The conditions of preliminary subdivision approval also required a temporary cul-de-sac at the west end of the street improvements. The proposed street will be constructed to satisfy City requirements for snow plow and emergency vehicle turnaround through utilization of the Kwik Trip entrance. Easements/Rights of Way/Permits—Because the "Borchert-Ingersoll"road is a public right-of- way, the entire width of that right-of-way should be dedicated adjacent to Lot 1, Block 1. The site south of the "Borchert-Ingersoll"road is also owned by Dart and the dedication of the south half of the right-of-way can be accomplished either through an easement, or by plat. MN/DOT approval will be required for proposed grading on and accesses to Hwy. 149. Tree Preservation—A tree preservation plan has been submitted. This site suffered some storm damage last year and a Final Tree Preservation Plan acceptable to the City Forester should be submitted prior to issuance of a grading permit or before final subdivision approval, whichever Planning Report—Kwik Trip (replat) April 27, 1999 Page 6 occurs earlier. The original conditions of approval related to tree preservation remain unchanged. Parks and Recreation—This development is responsible for cash park and trail dedications. The 1999 rates for these dedications are $3,376.00 per acre and $920.00 per acre. SUMMARY/CONCLUSION The proposed subdivision was submitted as a resolution to the access issue raised during review of the initial development application. The revised subdivision consolidates the Hwy. 149 access serving several parcels, eliminates existing Starks' parking from MN/DOT right of way and provides replacement parking. The change to the subdivision creates an additional outlot, which will be platted with the existing Starks property as a single parcel. Because the proposal is substantially similar to the initial submittal, the conditions of preliminary approval for the initial submittal are reiterated in this report, with new conditions indicated by italicized type, and conditions that have been satisfied by this revised subdivision plan are so noted. ACTION TO BE CONSIDERED To recommend approval or denial of a revised Preliminary Subdivision (Kwik Trip Eagan Addition) to create one lot and two outlots on approximately ten acres located south of Starks Cafe west of Hwy. 149 in the NE 1/4 of Section 12. General 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: B1, B2, B3, B4, Cl, C2, C4, Dl, El 2. The property shall be platted. 3. Outlot B shall be platted with the adjacent parcel containing Starks Cafe as a single lot, to be recorded simultaneously with the Kwik Trip Eagan plat. Parkin 4. Parking shall be provided in the amount to meet minimum City Code standards and the developer shall submit additional information necessary to demonstrate compliance with Code requirements prior to final subdivision approval. (Satisfied.) Landscaping Planning Report-Kwik Trip (replat) April 27, 1999 Page 7 . 5. The preliminary landscape plan shall be revised to identify 14 Category B trees as tree mitigation,but the total number of trees on the final landscape plan shall not be reduced from the amount shown on the preliminary plan. 6. The landscape plan shall be revised to provide continuous landscaping and berming along the full length of highway frontage to provide screening of vehicles and protect against headlight glare. Gradin 7. Prior to any grading and prior to final subdivision approval, the applicant must submit documentation to the City establishing the applicant's rights to develop the portion of the property identified as "Interest of Jacob Schmidt Brewing Company . . . " along with the balance of the site. 8. The grading plan shall be revised to continue the berms along the full length of highway frontage for screening purposes. 9. Erosion control measures in accordance with City standards shall be installed and maintained as part of this development. Water Ouality 10. skinpHnA-Aff A4 aGeepta4le design to ;h@ City shall be inst-Alled- en the pend Giat This development shall meet its water quality mitigation requirement entirely through the expansion of Pond EP-4. 11. The proposed ponding area shall be constructed to meet the City of Eagan's Detention Basin Design Standards with a surface area and wet volume of at least.26 acres and.8 acre-feet, respectively. Skimmers of suitable design to the City should be installed on the outlet of all detention basins. Streets/Access/Circulation 12. The "Borchert-Ingersoll" street along the south edge of the development shall be dedicated as a public street with appropriate right-of-way. This development shall construct a temporary cul-de-sac turnaround to city standards (with public easement) at the west end of the street improvements, to be removed at the time of future street extension to the west with the development of Outlot A. (Satisfied) I VD Planning Report—Kwik Trip (replat) April 27, 1999 Page 8 13. Access to the development shall not be allowed onto Hwy. 149, except in the location of the "Borchert-Ingersoll" road. If acceptable access consolidation onto Hwy. 149 involving Starks, Dart Transit and Kwik Trip can be achieved and is acceptable to MN/DOT, this condition will not apply. Easements/Ri izhts-of-Way/Permits 14. The entire width of right-of-way needed for the "Borchert-Ingersoll"road shall be dedicated adjacent to Lot 11 Block 1. The dedication of the south half of the right-of-way call be accomplished either through an easement, or by plat. 15. The developer shall obtain MN/DOT permit approval for any grading activities within Hwy. 149 right-of-way. 16. The developer shall obtain MN/DOT permit approval for 'Borchert-Ingersoll" road access onto Hwy. 149. The developer shall be responsible for the construction of all the necessary improvements to Hwy. 149 as required by MN/DOT as conditions of permit approval. Tree Preservation 17. The developer shall install 14 Category B trees as mitigation for significant tree removal in excess of allowable limits. 18. A revised tree preservation plan shall be submitted for review and approval by the City Forester prior to final subdivision approval. 19. Tree Protective measures (i.e. 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 20. The applicant shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. Parks and Recreation 21. This development shall be responsible for a cash parks dedication and a cash trails dedication. The 1999 rates for these dedications are $3,376.00 per acre and$920.00 per acre. IW STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 1� g 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 LTS#5 STANDARD.CON � � 1 FINANCIAL OBLIGATION— KWIK TRIP EAGAN REPLAT There are pay-off balances of special assessments totaling $-0- on the parcel proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. IMPROVEMENT USE RATE QUANTITY AMOUNT None -0- TOTAL $_0_ fib Location Map Ctt � C�, 41 A °.1Y1 wI. s E • t �S � S 7 ,� eta h,�r"u"'■rnvr..q.x 8 sem-, i �:� '� ' a �� • ' a �. ^� d j Sub'ect Site •'� � A I � 4 3 /'Mr(••DOODLE RDW ® aOoD t/ \ 1 111 d 1000 0 1000 Feet 1"=1000' -- Development/Developer. Development/Developer. Kwik Trip Eagan Addition Application: Replat Case No.: 12-PS-07-03-99 ►dap Repaed using SM ArcVww 31. Fain base nap infarnaden provided 410�city of Eagan 'I byDWotaC u7tyLa'dSwwwyDWwb,art" " ffi disaa" dPprii,9ga W+ ' E Corrsn-ityDEldoprreWDep-&Y-9 / THIS MAP IS INTENDED FOR REFERENCE USE ONLY S Tha City of Eagan and Dakota County do not guarantee the accuracy of this Information. Zoning and Comprehensive Guide Plan Kwik Trip, Inc. Land Use Map Case No. 12-PS-07-03-99 Zoning Map r L I- PD A 1-1 1 1 -nn-n-n PD ha rMn'a'n".no EE Current Zoning: B Limited Industrial 1-, •°�° s� yO .3 CEI 1.1 R-1 1_1 1.1 Soo 0 00o 12 So P..t Comprehensive Guide Plan Land Use Map 'ijj�;� Kit � I D CPD Ljj .r� h ra�Mk Nn'Y.n0.!E GB II Current Land Use Designation: IND IND �� I + Limited Industrial D-I IND Soo 0 goo 1200 P«t run [7 Fin C raga FaMP Wan-tion Provided by Dakota County Land St y DaparfcnaM 41"9. N j4111111- ienlny Info at'n awv ProVided by La GroupIt"and npdatd by City Stan. City of Eagan � U/r 2 , "�E CarnnnutyDftWoprrantDgpwtr>wrt THIS MAP IS INTENDED FOR REFERENCE USE ONLY Tha City of Eagan and Dakota County do not guarantaa tha accuracy of this Information. S 460 v a / cf' / b. I i►'o + 7 Ile ,/��„ /'/ J // �� •mss` � C `� (I) ]; b 1b s\ D / o ti Y / CD / _ \\N�• '\\ � ��// O tho __,rf,� QR � \ .:, gyp`$ \ apt 1,c � o�y• �R �t IL �1 \ s �•4 a� .9fiti / r� '1':'•'/:,t'>.Y�' "/ C) �� mN N A� IL , @ , �� ,�L—Vi5E1J /vI�RC' a `3' PRELIMINARY PLAT '-�1� .4_ fv kgs ; g 5}9si ir a l I ° ■ g; I Ul fill •' ' s 4 6 tA�• !:, � ,I e f � i Yj �� I ixa • £ q•3 ;s � � i � � LIS- VA e ;dd p $§ a$ t SITE PLAN 4 a t ?y,i TRACK STOP NO. Sat t� 1 STAT[ MOMMfAY MS FFFF is SACAK Y WSOTA E N SITE PLAN , I — � ------- r jj r—...—Woo I I 1 ti ti I i s � '1 I � I � 1= 1 N 3 i j '1 f0 .�. 1 a 1 j f a p�P UTpJTY PLAN C I� : S R C P _ TRUCK STOP NO. del � _� ;• ° t STATE Mwr. w 3 ; RAOAK I SSOTA ?%V J ! 1 1� UTILITY PLAN I iI•� i \�'�\ J `� i W ly�n1� lG fit�l l Nv i — I i _ EI rIf rl � 1 . f s __* i __ ____.__._ i _____________________ HIM rn 9- s �g a 11148€ 1 3 �:<bp14 11? kp 4�> € sS �� 1� a � yHIM E �� a i ii Y y 2§ hhf hF ! 11 1 t#` LANDSCAPE PLAN '� a; 41 p .#j TRUCK STOP No. ees '� ae 1 y G 1'jl� 1AGAK r *OTA ' LANDSCAPE 17.E f i r at .•� i j: � a �,t tc� >e� • �,. Q •fie 0 •I ,\ e meq• fI , t GRADE PIAN Z TRUCK STOP NO. 862 RAGAAK I *OTA '• e ¢ �� GRADING/DRAINAGE 1 \ El \ i \ I\ n av�3d a obt'oa \ " c jy lin of F �� ` 3 � Io4?da 1 x I L its s <i_ 31 I � 1 3i I ra ra i x X •, c I 1 j z o A.� 6I TREE REMOVAUPOND SEEDING �ilit TRUCK STOP NO. 862STATE HWV I" 3 � t ? ' AQAK �soTA PI- 6 11 g � "SFE oma VEL/`�orvD �E�iNU i := ° Ll 771 _ o 0-4L cn -- -77 jilia � g -•-- --•--•--_-- -- --•-- -- -- ------------------------------------------------ I 000000 oaaoa❑ 7 LIGHTING I tt s at. a 9 !} �t= 3a } :• }}11t,2#i1 :� � � � � �iY ;/ � � �'i i',�-/// '� ; ! ! 'a66S i 2, } 4 1 t=}•#:lFfa Fi � �` �lit flit .t��-,. / � ��y,,fes ��/ �/ i ' i I !I e ' r•; fleF•,i i �:asv� ', �dd /�if! F� %�' ! !r I.'[ •�'43 ?i rsi}ili[litiiiilt{i a!a uuuas c ca3u ( + / 'in! f! n •! c�c > ,•ice//t r '! ! ! i ! ! i ; �'!t #II ISI � --E !b•t Jp 40 lit E s♦\�. , \ ' ,• app f� / .,/ ! D ii �V ---- is PRELIMINARY PLAT OL/ I i 1 I I I DO a N' �IVA) I 1 __ _ TJill# 3t I x Z e •-:� YY4 f J }� TMM PRESEION RVATji EIl�� a ON TRUCK STOP NO. e j10111 $TATE kWf. N$ ; G uQAK I ROTA A Approved Judi lgg6 /v 5 ITE pc.f-N - city of eagan MEMO TO: CHAIRPERSON HEYL,ADVISORY PLANNING COMMISSION MEMBERS FROM: JOHN GORDER,DESIGN/DEVELOPMENT ENGINEER DATE: APRIL 27,1999 SUBJECT: KWIK TRIP RE-PLAT CONDITION—INGRESS/EGRESS EASEMENT TO STARKS Recent re-evaluation by MnDOT and the City of the access management onto Hwy. 149 betweeen Hwy. 55 and Yankee Doodle Road and for the Kwik Trip/ Starks/ Dart proposed combined access has necessitated another condition be added to the above referenced development item. MnDOT and the City are re-evaluating the full access locations onto Hwy. 149 in the area to provide safe and efficient traffic flow. One of the options currently being evaluated is to provide access with full turning movements at the `Borchert/ Ingersoll Road" south of Kwik Trip. With this option turning movements at the proposed combined Kwik Trip/ Starks/ Dart access may be restricted to right-in/right-out movements only. Given this possibility, Kwik Trip should provide an ingress/ egress easement across their property to allow Starks access to the "Borchert/ Ingersoll Road", and its potential full turning movements onto Hwy. 149. Therefore, if approved, a condition should be added which reads: "The developer shall provide an ingress/egress easement across the Kwik Trip site to Starks Cafe for access to the `Borchert/Ingersoll Road'. This easement shall be submitted to the City Attorney for review and approval prior to final subdivision approval for this development." Thank you for your consideration of this item. I will be available to answer any questions you may have. C: Tom Colbert, Director of Public Works Pam Dudziak, Planner Scott Tiegen, Kwik Trip Agenda Information Memo May 4, 1999 Eagan City Council Meeting B. PD AMENDMENT (REZONING)AND WAIVER OF SUBDIVISION (OAKBROOKE 2ND ADDITION)—PULTE HOMES OF MINNESOTA, INC. ACTION TO BE CONSIDERED: ➢ To approve a Planned Development Amendment (rezoning from A, Agricultural to PD, Planned Development)to incorporate a 5 acre exception located south of Deerwood Drive and west of the Deerwood School into the previously approved Oakbrooke Addition located in the southwest 1/4 of Section 21 subject to the conditions in the APC meeting minutes. ➢ To approve a Waiver of Subdivision to allow the subdivision of the 5 acre exception into a 1.5 acre lot and a 3.5 acre outlot subject to the conditions listed in the APC meeting minutes and a deferral of the Trunk Storm Sewer charge for a period of 5 years or development, which ever occurs first (the charge will be collected at the rates in effect at development or 5 years hence). FACTS: ➢ In February of this year,the City Council approved the Final Planned Development and Final Subdivision for the first phase of the Oakbrooke development. Phase 1 involves the creation of 79 single family detached dwelling units and eight outlots upon a 117 acre site located east of I-35-E between Deerwood Drive and Diffley Road. ➢ As a condition of Planned Development approval (for Phase 1),the following specific condition was imposed: The Johnny Cake Ridge Road extension (between Diey Road and Deerwood Drive) in the northeast corner of the development at Deerwood Drive shall align with the private street of Deerwood Townhomes. Sufficient right-of-way for this extension at Deerwood Drive shall be obtained from the exception parcel northeast of the development. ➢ The incorporation of the previously excepted parcel into the Oakbrooke development has been prompted by the need to provide additional right-of-way for the construction of Johnny Cake Ridge Road. ➢ The 1.5 acre lot would contain a single family dwelling which currently exists on property while the remaining 3.5 acres would be reserved for future development with a portion being provided by easement as right-of-way for Johnny Cake Ridge Road at Deerwood Drive. ➢ As part of the Oakbrooke approval,the developer was required to demonstrate a logical manner in which the subject exception could be resubdivided in the future. The plan calls for the creation of 12 lots one of which would accommodate the existing residence that occupies the property. Approval of the waiver of subdivision will not compromise the ability to implement the resubdivision plan. ➢ At their regular meeting on April 27, 1999, the Advisory Planning Commission held a public hearing to consider the PD Amendment and Waiver of Subdivision and recommended approval subject to the conditions listed in the APC meeting minutes. A copy of the APC minutes will be provided in the administrative packet. ATTACHMENTS (1): Staff report, pages through(�J PLANNING REPORT CITY OF EAGAN REPORT DATE: April 20, 1999 CASE #: 21-RZ-05-03-99 21-WA-01-03-99 APPLICANT: Pulte Homes of Minnesota Inc. HEARING DATE: April 27, 1999 PROPERTY OWNER: Frank H. Rechtzigal PREPARED BY: Bob Kirmis REQUEST: PD Amendment(Rezoning) and Waiver of Subdivision(Oakbrooke 2°a Addition) LOCATION: Northeast intersection of I-35E and Diffley Road COMPREHENSIVE PLAN: D-II,Mixed Residential (0-6 units/acre) ZONING: A, Agricultural SUMMARY OF REQUEST Pulte Homes of Minnesota, Inc. is requesting approval of a Planned Development Amendment (rezoning from A, Agricultural to PD, Planned Development) to incorporate a five acre exception located south of Deerwood Drive and west of the Deerwood School into the previously approved Oakbrooke Addition located in the southwest 1/4 of Section 21. In conjunction, a Waiver of Subdivision has also been requested to allow the subdivision of the exception into a 1.5 acre lot and a 3.5 acre outlot. The 1.5 acre lot would contain a single family dwelling which currently exists on property while the remaining 3.5 acres would be reserved for future development with a portion being provided by easement as right-of-way for Johnny Cake Ridge Road at Deerwood Drive. AUTHORITY FOR REVIEW Planned Development: Chapter 11.20, Subd. 8, B., Determination, states: "In considering any petition for such district, the Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision, shall determine whether or not such planned development will: (1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; 135- Planning Report—Oakbrooke 2"d Addition April 27, 1999 Page 2 (2) be feasible for the owner and developer economically to complete according to proposed plans; (3) benefit the community at large to a greater degree than would development of the underlying zoning district." Waiver of Subdivision: City Code Section 13.40 Variances and waivers, Subd. 3 Purpose, states that the Council may grant variances from the strict application of the provisions of the Subdivision regulations and impose conditions and safeguards in the variances so granted where practical difficulties or particular hardships result from carrying out the strict letter of the regulations of the Subdivision regulations. While the proposed action does involve the subdivision of land, no new development will result. As a consequence, the processing of a waiver of subdivision is considered appropriate. BACKGROUNDMISTORY In February of this year, the City Council approved the Final Planned Development and Final Subdivision for the first phase of the Oakbrooke development. Phase 1 involves the creation of 79 single family detached dwelling units and eight outlots upon a 117 acre site located east of I-35-E between Deerwood Drive and Diffley Road. As a condition of Planned Development approval (for Phase 1),the following specific condition was imposed: The Johnny Cake Ridge Road extension (between Diffley Road and Deerwood Drive) in the northeast corner of the development at Deerwood Drive shall align with the private street of Deerwood Townhomes. Sufficient right-of-way for this extension at Deerwood Drive shall be obtained from the exception parcel northeast of the development. The incorporation of the previously excepted parcel into the Oakbrooke development has been prompted by the need to provide additional right-of-way for the construction of Johnny Cake Ridge Road. As part of the Oakbrooke approval, the developer was also required to demonstrate a logical manner in which the subject exception could be resubdivided in the future. The plan calls for the creation of 12 lots one of which would accommodate the existing residence that occupies the property (see attached exhibit). Approval of the waiver of subdivision will not compromise the ability to implement the resubdivision plan 196 Planning Report—Oakbrooke 2"d Addition April 27, 1999 Page 3 EXISTING CONDITIONS The five acre exception is presently occupied by a unsewered single family dwelling and detached accessory structure. The site has gently rolling topography and several significant trees. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Multiple Family Residential (Deerwood Townhomes); zoned R-3, Residential Townhouse; guided DII, Mixed Residential (0-6 units/acre) South - Single Family Residential (Oakbrooke); zoned PD, Planned Development; guided DII, Mixed Residential (0-6 units/acre) East - Deerwood School; zoned P, Public; guided PF, Public Facilities West - Single Family Residential (Oakbrooke); zoned PD, Planned Development; guided DII, Mixed Residential (0-6 units/acre) EVALUATION OF REQUEST Preliminary Planned Development It is the intent of the applicant to amend the existing Oakbrooke Planned Development Agreement to incorporate the subject five acre exception. Specifically,the applicant wishes to subdivide the exception into a 1.5 acre lot and a 3.5 acre outlot. The 1.5 acre lot would contain a single family dwelling which currently exists on property while the remaining 3.5 acres would be reserved for future development and partially used for Johnny Cake Ridge Road right-of-way. To allow the exception to be incorporated with the Oakbrooke development, a rezoning of the of the property from A, Agriculture to PD, Planned Development is necessary. Plan Submission-The applicant has submitted a survey of the subject property that depicts the boundaries of proposed 1.5 acre lot and 3.5 acre outlot. As a condition of PD approval, a Final Plat drawing should be prepared and submitted which formally designates Lot 1,Bock 1, Outlot A and that portion of the property to be dedicated as easement for the Johnny Cake Ridge Road right-of- way. Compatibility with Surrounding Area-Because no physical changes to the subject property have been proposed, no compatibility related concerns are anticipated. Lots -The configuration of proposed Lot 1 is considered temporary. According to the applicant, 187 Planning Report—Oakbrooke 2"d Addition April 27, 1999 Page 4 the subject property will be resubdivided(consistent with the previously approved resubdivision plan) as part of phase three of the Oakbrooke development. The lot to be created overlays the exception's existing single family dwelling, detached accessory building,well and septic system. The property's existing driveway will continue to provide access to the single family dwelling on an interim basis. While the lot is not provided public street frontage at this time, the parcel is expected to receive ultimate access from a cu-de-sac extension from Johnny Cake Ridge Road. The creation of a lot without public street frontage can be accommodated via the planned development. Setbacks-Ultimately, development upon the subject property will be subject to the same setbacks as those to be applied to the Oakbrooke development. The setbacks (of the dwelling and accessory building) resulting from the creation of Lot 1 have been found to meet or exceed typical R-1 district requirements. Airport Noise Considerations - The subject property lies outside of the airport noise exposure zones established by the Metropolitan Council. Waiver of Subdivision Easements/Permits/Right-Of-Way-As noted previously, the subject property should be final platted into a 1.5 acre lot, a 3.5 acre outlot and include appropriate easement providing right-of-way for Johnny Cake Ridge Road. Lot Access -In addition to specific lot and outlot designations, an access easement from Johnny Cake Ridge Road to Lot 1 will be necessary. The developer should prepare a private ingress- egress easement document for review and approval by the City Attorney prior to final plat approval. This easement should be recorded with the final plat. Grading -That portion of the subject site to include the easement for Johnny Cake Ridge Road right-of-way will be graded by the developer as part of the previously approved Oakbrooke development. The remainder of the site will remain as is. Storm Drainage -No substantial changes to the storm sewer runoff patterns on the site are proposed at this time. Utilities - Sanitary sewer and water main stubs will be provided for future development of the site as part of the Johnny Cake Ridge Road extension (City Project 748). Water quality and wetlands - There are no jurisdictional wetlands upon the subject property. Tree Preservation-As noted previously,no physical changes to the site have been proposed. Tree preservation related matters will be addressed at such time when the property is resubdivided. (00 Planning Report—Oakbrooke 2"d Addition April 27, 1999 Page 5 Parks and Recreation-Park dedication requirements will be addressed at such time when the subject property is resubdivided. SUMMARY/CONCLUSION The proposed Planned Development Amendment and Waiver of Subdivision requests relate to the need to provide additional right-of-way for the extension of Johnny Cake Ridge Road. The waiver request is not associated with any new development on the property at this time. Approval of the waiver will not compromise the ability to implement the previously approved resubdivision plan ACTION TO BE CONSIDERED A. To recommend approval or denial of a Planned Development Amendment. If approved, the following conditions should apply: 1. The Oakbrooke Planned Development Agreement shall be amended to incorporate the subject property prior to final plat approval. 2. The City shall approve the requested Waiver of Subdivision B. To recommend approval or denial of a Waiver of Subdivision. If approved, the following conditions should apply: 1. The Waiver of Subdivision shall be contingent upon Council approval of the requested Planned Development Amendment. 2. A final plat drawing shall be submitted which illustrates proposed lot 1, Block 1, Outlot A and that portion of the subject property to be provided as right-of-way. 3. The final plat shall be recorded within 60 days of Council approval. 4. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: B1 and B3 5. The developer shall prepare a private ingress-egress easement document for review and approval by the City Attorney prior to final plat approval. This easement shall be recorded with the final plat. IVl Planning Report—Oakbrooke 2"d Addition April 27, 1999 Page 6 6. Park and trail dedication requirements shall be addressed in conjunction with the future resubdivision of the property. FINANCIAL OBLIGATION— 10-02100-015-50 21-WA-01-03-99 There is pay-off balance for levied special assessments in the amount of-$0-on the parcel for which the waiver of plat is requested. The pay-off balance will be allocated to the lots created by the plat. At this time, there is a pending assessment in the amount of$36,526 on the parcel for which the waiver is requested. This pending is related to Project 748. In addition, the City and the property owner executed an agreement that deferred the levy of$43,621.87 in assessments until the year 2009 or until the property identification number is altered. The pending assessment and the deferred assessment will be allocated to the parcels created by the waiver. The waiver of plat will cause a change in the property identification of the parcel. Therefore, the City will levy the $43,621.87 upon approval of the waiver of plat by the Council. The parties to this waiver of plat hereby waive any rights to a hearing, or notice of a hearing, relating to special assessments and also expressly waive any right to object to the assessments related to Project 748. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the waiver application. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. IMPROVEMENT USE RATE QUANTITY AMOUNT Storm sewer trunk S.F. $.084/Sq Ft 174,240Sq Ft $14,636 TOTAL $14,636 lqo UA � `i► ��I ♦ 1t NONE MR [A �-,��:� ee� Vit. _o�►.�� i�� ,� � �►�� :�■■oo■ 1711 NJ Irl6L N J ec��in "�C�© a�©n v■@.Go us uwill ��i LA in OTIC two i■ _ � , `�'�� ode Development/Developer. Pulte Homes of MN Corp. Application: Rezoning and Waiver of Subdivision Case No.: r- a�1 ��I;�►I �i��:•`•�i �� a �Q a von 0 �� ■. .,� .l�� •, . . � !. ee� eco:, pv� 21-RZ-05-03-99 and 21-WA-01-03-99 *City of Eagan A THIS MAP IS INTENDED FOR REFERENCE USE ONLY Wanubw WoAded1. In* f Eagan and Dakota County do not quarante&tho accuracy of this Information. r_ . _ Cwrnw*YDeve1cp7wn(Dqwt?1j _ �. •. ... .moi�:♦.'fcJ..v•."!a.- t fill[ 1 �!i,�i Y� s;I--1 -1 11111111 111111ij , i -r , ._..__. _._•.- �.,._ . _ a 146111 WV O AS V093S 00044117011 t � � .� •� � . - � �} ~ �� . � --- ----- -- - -- --- Ik it x us IL AU 51 k oh co 0 0 O o M P. Opp�O o 1 1N/ OAKBROOKE SITE PLAT 653.13 / , '• ,� N28e03'59''W� 60.57 i o -b pp see. l 6e ,� a 41 5 vv N tlj 14 S�3Q °0 � eq N 2 � ss� ,y2 220.42 � .� S89933'09"W 'L�Z ON 66°S2'33"W I 14.85 21300i tNz&ss63 Z33"W 3.5 ACRES ti o P 9 " �/ eti�2,�►V y`\�$ ��,� N Zia 63 dot 1 r. s��¢ sg a R cc EEE WELL Q 1. 50 rn 3 4 ACRES �o N� Pa 0 o SM.D k 7z z ^ N89°47'34"w �k 13.1 335.48 N 69047'34" W SITE SURVEY 1 612 432 3780 SENT BY: 3-18-99 11 :05 : SEVERSON SHELDON- 651 681 4694:x0 3/ 3 FINANCIAL OBUGAMN LEGEND Storm Sewer Trunk 10-02100-015-50 21-«'A-01-03-99 653.13 - - -- 143.23-- N28-03 43.23!N28-03 59 W 60.57 o Cc sa 1 h N .-. � t'�` N�� PIS P :'S��.�;::::::.:::`�:••:••.••.�•..• ::1v::':::'' 6 3 k+a- P 0 V 0 . Z a• N •Z '.6,•. by 'r%r'•:. 5:::::c:::::: •':'i':i:•':`:'�::':':::`::::::;.c:.:r;::;;;,.::::ri: ::�::::_:�':�;i;:�::i: :i;:. NO cy 40 AN o z 0 6 J t S.r: •..fir:��:':�':::':":':::•'�::�?:`.:;::.::;::;_:`,':':�:"::`::::": �::':�::::::::::::::�a::.. . 825 .,c�� .r....::•:..:•�;•::� :; :::.:::•:;:�::::::::::::::.:• . I,,,� . .::�. i O. .fir' ►...' - •rte 3 ( '' "v► ...... .• N M v j� cy • M : ' •ty�� g t { Q • v ::A•: ` Z N N • ��• :fit: 8. �t3` , t' . ;ti r 1 z t' SS~ c r, ;� ••if• 13.12 (1 7.5�` • ) .i a!a• i.: �,. 3.3.5.46 W :N;89047'34" W �} z Agenda Information Memo May 4, 1999 Eagan City Council Meeting C. INTERIM USE PERMIT—KOHL'S DEPARTMENT STORE INC ACTION TO BE CONSIDERED: To approve an Interim Use Permit (IUP)to allow the temporary outdoor storage of containers upon their property located at 1350 Town Center Drive in the northwest 1/4 of Section 15 subject to the conditions listed in the APC meeting minutes. FACTS: ➢ Last February, while inspecting a neighboring property, staff discovered that Kohl's was storing semi-trailers and carts outside on the east side of their building without a conditional use permit. Thus, the requested Interim Use Permit represents an effort by the applicant to bring the existing outside storage activities into compliance with City Code requirements. ➢ Kohl's plans to temporarily locate three storage containers on the east (or rear) portion of their building. The storage containers measure approximately eight feet in width, 13 feet in height, and 45 feet in length. ➢ No physical changes to the existing building or site have been proposed. ➢ At their regular meeting on April 27, 1999, the Advisory Planning Commission held a public hearing to consider the Interim Use Permit and recommended approval subject to the conditions listed in the APC meeting minutes. A copy of the APC minutes will be provided in the administrative packet. ATTACHMENTS (1) Staff report,pages M throughp?j { f � PLANNING REPORT CITY OF EAGAN REPORT DATE: April 9, 1999 CASE: 15-IN-04-03-99 APPLICANT: Kohl's Department Stores, Inc. HEARING DATE: April 27, 1999 PROPERTY OWNER: C &H Investment Company PREPARED BY: Bob Kirmis REQUEST: Interim Use Permit(Outdoor Storage) LOCATION: 1350 Town Centre Drive (NW '/4 of Section 15) COMPREHENSIVE PLAN: Central Area ZONING: CSC, Community Shopping Center SUMMARY OF REQUEST Kohl's Department stores, Inc. is requesting approval of a Interim Use Permit (IUP) to allow the temporary outdoor storage of storage containers upon their property located at 1350 Town Center Drive in the northwest '/4 of Section 15. Specifically, Kohl's plans to temporarily locate three storage containers on the east (or rear) portion of their building. No physical changes to the existing building or site have been proposed. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.22 states: The Council may issue interim use permits for an interim use of property if.- A. f: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 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 Planning Report—Kohl's Department Stores April 27, 1999 Page 2 D. The use agrees to any conditions that the Council deems appropriate for permission of the use; and E. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. City Code Chapter 11, Section 11.40, 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 41), 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. / ! " Planning Report—Kohl's Department Stores April 27, 1999 Page 3 Outdoor Storage Conditions: In addition to the requirements for a conditional use permit listed above, City Code Section 11.10, Subdivision 29.2, C, 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 (I-2) zoning districts, the enclosure may be detached from the principal building. 2. 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. 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. 4. The storage area shall not interfere with any pedestrian or vehicular movement. 5. The storage area shall not take up required parking spaces or landscaping areas. 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. BACKGROUND/HISTORY The subject property was platted in 1991 and the Kohl's Department Store was constructed in 1992. Last February, while inspecting a neighboring property, staff discovered that Kohl's was storing semi-trailers and carts outside on the east side of their building without a conditional use permit. Thus, the requested Interim Use Permit represents an effort by the applicant to bring the existing outside storage activities into compliance with City Code requirements. EXISTING CONDITIONS Kohl's Department Store is located east of Town Center Drive between Wal-Mart and the Old Chicago Restaurant. The proposed outdoor storage area and building's loading docks are located on the east side of the structure. / l � Planning Report—Kohl's Department Stores April 27, 1999 Page 4 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Old Chicago Restaurant; zoned CSC, Community Shopping Center and guided CA, Central Area South - Wal-Mart; zoned CSC, Community Shopping Center and guided CA, Central Area East - Town Center Carwash/Kennedy Transmission/Undeveloped (proposed mini-storage site); zoned CSC, Community Shopping Center and guided CA, Central Area West - McDonalds Restaurant/Paradise Carwash; zoned CSC, Community Shopping Center and guided CA, Central Area EVALUATION OF REQUEST Compatibility with Surrounding- The subject site is within a large commercial retail/service area. The proposed outdoor storage area is situated at the rear of the department store (near the loading area) and adjacent to the rear yards of the Town Center Carwash and Kennedy Transmission. As a result, the proposed storage area will not be visible from any residential properties or public rights-of-way. Site Plan - As shown on the submitted site plan, a total of the three storage trailers are proposed to be located east of the store alongside the northerly facade of Wal-Mart. The storage containers measure approximately eight feet in width, 13 feet in height, and 45 feet in length. The outdoor storage area is screened from view from Denmark Avenue by Kennedy Transmission and the higher grade elevation of the adjacent undeveloped property (proposed mini-storage site). All of the outdoor storage performance standards appear to be met. Term - According to the applicant, the need for outdoor storage is due to a lack of interior store space (within which inventory may be stored) and that that the storage containers will only be necessary for a temporary period of time (until Kohl's either expands their present store or constructs a new store in the area). A portion of the City's authority to grant an IUP requires that the date or event will terminate the use can be identified with certainty. The applicant intends to determine what course of action to pursue within six months. In recognition of construction time, an 18 month IUP term has been suggested by staff and is agreeable to the applicant. Grading/Storm Drainage -No physical changes to the site have been proposed that will affect storm water drainage. Planning Report—Kohl's Department Stores April 27, 1999 Page 5 Site Circulation- The storage container storage location will not disrupt on-site circulation or access to store's loading docks. SUMMARY/CONCLUSION While outside storage is a listed conditional use within the CSC zoning district, the applicant has indicated the storage of containers on site is to be a temporary activity(until the subject store is expanded or a new store is constructed in the area). Thus, the processing of an interim use permit (rather than a conditional use permit) is considered appropriate. The applicant has further indicated that an 18 month IUP term is acceptable. ACTION TO BE CONSIDERED To recommend approval or denial of an Interim Use Permit (IUP) to allow the temporary outdoor storage of storage containers upon their property located at1350 Town Center Drive. If approved, the following conditions should apply: 1. The Interim Use Permit shall be recorded within 60 days of its approval by the City Council. 2. The permit shall terminate on November 1, 2000. 3. Outdoor storage activities shall be limited to three containers confined to the area east of the department store within the area specifically designated on the site plan. ao1 er � L'�►c"® OOsv �ai� � �� R= WES LJLJ L, ��Vsar `�� , � fi ��O nnn nrinr�r\��►�, � � ' � �.� ,.�r� X11. 1-, ,.00h 0��,►� r ►�� e�d .„o ay.0 . . . . Stores Application: Interim Use Permit Case No.: 15-IN-04-03-99 '*City of Eagan Zoning and Comprehensive Guide Plan Kohl's Department . res Lan • Use • Case No. 1 1 3-99 Moll IMEM no Imm imam am noun "/ .I■ 01a i. ram.1 b". .p Info—d"P-6dd by Dakota County LAnd survey Dep—b—t4151"9. N +City of Eagan ZoNing Infonnotlaft prolAded by La�-...*1994 and�pd.td by CFty Sbiff. w E 1. . . THIS MAP IS INTENDED FOR REFERENCE USE ONLY ' I tie "Accesr Areas" are highlit;l.ted in orange. The "consti fiction staging arta' is outlined in green. • oFF�,E a m • w � m X c a N N �• o i I o o a -. - - off O� 1 Ie � „ � I 3 c ,.000•., ,,, R b C a1KZ•Wza We 000•oe —� cn Z 06 N • t (vt\ \ \ " a �- 11rry rJtnr Hrtar3 ' o g w Z 3� W SITE PLAN cn ? oa Icor P f 10. 377 CARS s7c�s� J � ..A ANCHOR 5 10.560 33,,970 SF 28.350 SF SF FFE 003' aw .(T KOHL ' S BUILDING IQS as STORAGE CONTAINERS Z Vu.—MART x _ W ` U. • 114.085 SF — Q SITE PLAN DETAII