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07/02/1996 - City Council RegularAGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING JULY 2, 1996 6:30 P.M. I. ROLL CALL i PLEDGE OF ALLEGIANCE II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. DEPARTMENT BEAD BUSINESS (BLUE) V. CONSENT AGENDA (PINK) A. PERSONNEL ITEMS re B. CONTRACT 96-15, Receive Bids/Award Contract (Meadowview Rd. - Utilities) C. CONTRACT 96-16, Approve Plans/Authorize Ad for Bids (Biscayne Ave. & Hull iSt./TH 3 - Utilities & Streets) D. PROJECT 704, Receive Report/Order Public Hearing (Lexington & Wescott - Signal) E. CONTRACT 95-03, Approve Change Order #2 (Red Pine Lane - Signal Modifications) F. FINDINGS OF FACT, Honey Tree Ltd. (Honey Tree First Addition) located west of Nicols Road and bounded on the north, west and south by Erin Drive G. RESOLUTION, Amending the McKee Addition Comprehensive Guide Plan Amendment H. CLARIFICATION, of Architectural Guide Lines for Eagan Promenade I. ADOPT, Water Quality Management Plan Update J. RESOLUTION, Continuation of Safe and Sober Grant t� K. CONTRACT 96-18, Approve Plans/Authorize Ad for Bids (South Hills Add. & 7 Wilderness Run Road - Overlay) I& L. MASSAGE THERAPY LICENSE, for James Deyoe to practice at Lifetime Fitness, 1565 Thomas Centre Drive y 9 M. EXTENSION FOR RECORDING, final subdivision - Pruesse Addition, located north %of Old Sibley Mem. Hwy., south of TH 13 N . EXTENSION OF PRELIMINARY SUBDIVISION, Oak Pointe of Eagan (Outlot D), OCP - Homes, Inc., located east of Plaza Drive and west of Galaxie Ave. O. MODIFICATION, of condition affecting wetland replacement plan, Eagandale Corporate Center VI. 7:00 - PUBLIC BEARINGS (SALMON) S?A. PROJECT 709, Kennebec Drive, Yankee Doodle Rd. & TH 13/Blackhawk Rd. (Streets & Signal Imp.) B. PROJECT 703, Mallard Park 2nd Addition (Street Reconstruction) C. VARIANCE, Professional Plastics, a Variance of 64.5' to the buffer setback Of 100' for Light Industrial parcel that abuts an Agricultural, Residential, or Public Facilities district for Lots 21, 22, 23, and 24, Block 2, Eagandale Center Industrial Park No. 4 located on the NE corner of Mike Collins Drive and Yankee Doodle Road VII. OLD BUSINESS (ORCHID) A. CONTRACT 96-12, Receive Bids/Award Contract (Northwood Dr. - Streets & Utilities) VIII. NEW BUSINESS (TAN) ,y A. CONDITIONAL USE PERMIT - MCG'S INC., to allow motor fuel sales on Lot 1, Block 1, Silver Bell Center located on Silver Bell Road on the east side of Q McDonald's in the SW 1/4 of Section 17 J / .�I B. PLANNED DEVELOPMENT AMENDMENT - ARCHITECTRONIX, INC., for Lot 4, Block 2, f' Eagan Promenade for a Stuart Anderson's Cattle Company restaurant located 1 on the north side of Yankee Doodle Road in the S 1/2 of Section 10 IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE BEARD (for those persons not on agenda) XII. ADJOUR2MNT XIII. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 28, 1996 SUBJECT: AGENDA INFORMATION FOR JULY 2,1996 CITY COUNCIL MEETING After approval is given to the July 2, 1996 City Council agenda, the regular meeting minutes for the June 18, 1996 City Council meeting and the minutes for the June 18, 1996 Special City Council meeting, the following items are in order for consideration. There is no Department Head Business to come before the Council at this time. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 18, 1996 A regular meeting of the Eagan 04'Council was held on Tuesday, June 18, 1996 at 6:30 p.m, at the Eagan Municipal Center. Present werat:gy 3i::I5:w' .C;�jncilmembers Wachter, Awada, Masin and Hunter. Also present were City AdmiW'Ct$„:Senior Planner Lisa Freese, Assistant Engineer Mike Foertsch, and City Attomqiy .Jim Sheldon. Tom Mullon, American Legion, Eagan Post 594, gave a short invocation and led the Pledge of Allegiance. Mayor Egan recognized Eagan Post 594 for the donation of a flag to the City and thanked them for participating in the dedication ceremony. Mayor Egan also noted that Lexington Standard was responsible for the donation of the flag pole and he thanked them for their contribution. At Counclimember Masin moved, Chi ncllmer r Awada seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 IIlN TE$ 1� J'.0 �f, # t LIR MEETING Councilmembers noted typographical corrections to pages 12 & 13. Councilmember Masin moved, Councilmember Awada seconded a motion to approve the minutes of the June 4, 1996 regular meeting as corrected. Aye: 5 Nay: 0 IAiNI fTfS pF THE JUNl , i8 PE IAL MEETING Councilmember Wachter moved} ?�o�i'.cilmembe.KAwada seconded a motion to approve the minutes of the June 4, 1996 special meetlgq.-::Ayee : 5 Niy: 0 YIS1T0AS­ TP��� .-'-- David Szott, Chair of the Parks Bond Referendum Task Force, addressed the Council. He referenced a letter that was delivered to the Council earlier In the day in regard to the referendum date. He stated that he appreciates the support of the Council in regard to the $4.6 million dollar amount. He also stated that he understood their concern regarding the cost of holding the referendum separate from the General Election. However, he added that. -the Land Acquisition Subcommittee, the APRNRC and Task Force are all in agreement and feel:ii$i fr:aif:yii:ive the referendum more chance for success. He also added that they feel ttWoferen4f;c :.. sue is important enough to stand on its own merit. Councilmember Hunter asked a*jzr i) in regard to the reconsideration of the date that was tentatively set at the June 4, 19Q. Ctiultif:tirig::le stated that he felt It would be necessary to open this back up to the public so they coup' Voice their opinions. He felt the Council could not act before the next meeting. He questioned If this would allow enough time to legally be put on the ballot for an August 6 referendum. Administrator Hedges said that the deadtirr+e *. t;:the August 6 referendum was tonight's Council meeting and added that the Council would .# a?ae;!:ib aic€ :t iiot in order for the referendum to be held on August 6. He stated that the resolution tit: be passed 'W4h:*! 1. a timeframe of 45 days prior to the election date of the referendum. He alsd- btited that this was.:A::non-publ!shed agenda item for this evening's meeting. EAGAN CITY COUNCIL MEETING MINUTES: JUNE 18, 1996 PAGE 2 Councilmember Awada asked ho"Wthe Task Force would feel about putting the referendum with the Primary Election vs. the General EleC1k.m;,:..44q�q:In icated..that the Task Force had discussed the idea, but felt the Primary Election is a siw#ufi would only appeal to those interested In the primary candidates for a straight pay. He stat ttieji'felt this would not attract a cross section of voters and indicated that they would pi:efer the General Election as opposed to the Primary. Councilmember Masin felt the September- to is closer to the August date and prefers the September date. Councilmember Awada stated that she agreed with Councilmember Hunter and that the Council should not act on a non -published 'item without allowing for public input. She suggested the Council reconsider this on the next Council agenda, which would leave open a later date in August, the Primary or the General Election. Councilmember.Awada also stated that it would be ideal for the referendum to stand on Its own If it didn't cost so much to hold a.speciai election. Councilmember Wachter stated that he would like to have an Informed constitsii ncy re&fding the bond referendum issue. Councilmember Wachter moved;:bounciirrieM%* ber Masin seconded a motion to reconsider and place the Item on the next Council agerog.:: :::.:. Bea Blomquist addressed the Council regarding her concerns with the bond issue in regard to the residential and business community and feels there's a lot of unanswered questions. She added that by vacillating in regard to the date, questions may arise as to what's wrong with the bond issue. She also added that it's unfair for the Council to reconsider because the public felt the Council had made their decision at the last meeting. She also noted her.cpncern with high taxes and stated that she feels a special referendum is unnecessary given the 1Post�..*.'P U�cumember Hunter stated that he agreed with Bea Blomquist in regard to reconsiderinnce it was already acted on at the fast meeting. However, he added that he the date of the election affects the integrity of the bond referendum. Mayor Egan sfated.he was cokerned about the action the Council was taking and expressed his concern that the letter s0i�i4t.4::l?y.ttie Task Force should have been received earlier In order that this item could have been placed otT• 1 e:tg-g�itr:.agenda. Councilmember Masin stated she feels that the referendum Is important and the reason tfi*e`; #tie::spas changed was to be sensitive to saving money. There was some question as to what was acted on at the last Council meeting in regard to the date for the referendum. Councilmember Wachter withdrew his earlier motion. Hedges noted that on page 15 of the June 4 minutes, the motion wa0c, receive the Task Force report and direct the preparation of a resolution targeting Noveri3 et :5;:199r?:Wftbeneral Election for the parks bond referendum In the amount of $4.6 millior.l... t A*l`*i:'-:H6:**d:*6& the motion clearly suggests that the amount was set, but that the date was Whtively sed iand would be firmly set when the resolution was formally adopted. He also added that Jennifer Hea pn and John Young had raised questions at the last Council meeting and It was decided thaYAe Task -*0 ce would address those questions sometime within the next 30 days. He further added thax:i€:sat cii it _int:1b*::date for the second meeting in July, those questions would be able to be addressistl°:­iie�t'rietltk n16Aiff-4his may not allow a change to the date for August 20, but it would still keep open the dates of the Primary or General Election. Councilmembers concurred with bringing this item to the July 16 Council meeting. SPECIAk RECOGNITIONS Mayor Egan again recognized th�'.Ai Rican Lie g iit3 Fagan Post 594 for the dedication ceremony and the dedication of the flag;:;::: EAGAN CITY COUNCIL MEETING MINUTES; JUNE 18, 1996 PAGE 3 pEP ME t `:flF_ D: i3;USfM$ Administrator Hedges gave an overview..on the prpcess.of determining a name for the athletic fields at Lexington and Diffiey. He noted. JOWvW.:' eructed with Lexington Diffley Athletic Fields being the choice with the most respariss:' Councilmember Hunter moved, Cit}ncilmember Masin seconded a motion to officially name the athletic fields "Lexington Diffley Athletic Fields." Aye: 3 Nay: 2 (Councilmember Wachter and Councilmember Awada) Mayor Egan recognized Brenda Haugen, reporter for the Thisweek Newspaper, who was in the audience and thanked her for the article:,!i;itten by her in regard to the City of Eagan's internship program and the L.P. Cookingham Carel*r:Oevelopt Wt Award received by Administrator Hedges. He also acknowledged the present Intern Lc!? thzo Dav%::ilvho was also interviewed for the article. Hedges asked for clarification ort.An•1tem.thpt was.addressed at the special workshop, and the direction that should be given to staff in g i f:3t tfi ::i tA:04the Wescott Townhome rehabilitation project. Mayor Egan stated staff should contin0d to'negotiate'with the property owner to get closer to the equity price. It was noted that the City should continue to pursue three options. The first option would be to work with the HRA in pursuing the acquisition of the entire four unit building vs. the initial objective of only acquiring one unit. The second option would be the City offering to "buy down" a portion of the acquisition cost of the 949 building to allow the HRA to offer the units at the market rate. The third option would be for the City to participate financially'.tri a total buyout/rehabilitation of the Wescott townhomes either structured as a private.xtjio:iksi::a',Single ownership or as a public HRA buyout. Administrator Hedges noted that Items C & D"siatit�tt#: removed from the consent agenda and moved to the first two items under Old Business. In regard to Item A, Personnel items. Item 4, Reclassification/Seasonal Part-time Presch Instructor, Councilmember Wachter stated he was concerned about the impact this would have on the budget in the future and what benefits would be included. He also added that if we have to keep up with the benefits, then we have to reduce the;iiirper of.eploees. Hedges indicated that all the standard benefits would apply to this po$ iQri; flit# Wo '66":06 rated. Councilmember Masin asked if the fees collected from the programs wa "help %:'*'O -:the increase. Councilmember Hunter stated that If the fees do not cover the cost of these 'special pd0tions, the Council needs to know what they are subsidizing. In regard to Item C, Findings Subdivision Conditional Use Permits and Variance for Cheslev Freiahtliner. This item was removed from the consent agenda and moved to the first item under Old Business. In regard to Item D, Deny V. Item was removed from the consent the first item under Old Business. This In regard to Item F, Recommend,'. tri Airport Rel�is Commission, Noise Abatement Departure Profiles, Mayor Egan stated t11i fak the last MASA'�`••'•�t3oard meeting, this item was discussed and was a contentious item. He raised:,::Ooncern that the pgfty may be deviating from MASAC's policy. Assistant to the Administrator F#Ahi3eSteittetaied.ihat::Wyor Egan's observation was correct and EAGAN CITY COUNCIL MEETING MINUTES; JUNE 18, 19% PAGE 4 that the number of affected residents in .gan from each procedure is relatively close; although the close -in proceduie will result in about 35:.ire W. people being within one of the contours. He added that the commission determined it might be w,QnhwNll?..to.try,the,fklternative close -in procedure. Mayor Egan 4:' suggested the procedure being recommi�Wilii ':ih MOneapolis be used as a guide. In regard to Item H, Cedarvale. 8 ial Services District Major Com ex Sign. Councilmember Masin questioned the placement of the 4.10'ln the middle of the divider along with the billboard. Senior Planner Freese noted that the sign location is to the east of the billboard. She also stated that there Is a clump of trees In that location, but they will not obstruct the view of the sign. Councilmember Masin asked if the sign is in the middle of Hwy. 13. Freese stated that the sign will be ten feet off the edge of Cedarvale Boulevard in the public right-of-way. In regard to Item L, Approve, 1 ule. SEH. Inc., Councilmember Hunter questioned why the Increase in fees should be retrco"O'"ve to AOi* 1 and also asked If the City had been paying the bills since April 1. Assistant Engineer F6Wsch lndie ed that the bills have not been paid since April 1. Councilmember Hunter suggested that t4.-.eft9.diva..0ate. of.thEt increase in fees should be July 1. Councilmember Wachter questioned the' 4t.:It would be possible to negotiate with SEH. Mayor Egan noted that the calculail'ons are no irid6try'U)mparable to other consultants, since they have different ways of calculating their fees. He also added that using SEH is very cost effective and that their fees are in line with other consultants. Foertsch Indicated that SEH's fees are similar to other consultants. Councilmember Masin suggested that the fee schedules for all consultants be adopted at the same time. Mayor Egan concurred. Foertsch 'l s ' ated that SEH has a different fiscal year than other consultants. Councilmember Hunter noted V)0:16.0:0te adjustment should be asked for up front so a comparison could be done. Foe�rtsch.-said.-'.iiY't*':..I..I'it'.y.":could request this be done in the future. Hedges noted that letters could be sent.se, 6#'did!Wments to all consultants prior to the budget process. He also added that some extaimi6"W­'ould nee'*d-'to be given to consultants for this year. Counclimember Hunter moved, CouncilmeadwVaphtei a motion to approve the 1996 Fee Schedule for SEH, Inc. effective July 1, 1996. In regard to Item 0, Approve Change Order #1. Coi4 _96-0.3, (Well #19 - Pumping Facilities), Councilmember Wachter questioned why the well was drilled and then oversized. Assistant Engineer Foertsch Indicated that during the well drilling process, the well was bid with three different size casings. He added that during the process they were able to put In two longer, larger casings allowing for greater flexibility. Councilmember Wachter asked If that was decided after the crews had already begun digging. Foertsch indicated that was the case. In regard to Item R, Contract % D. 612k.=** *Extended Work Hours (Eagan Promenade Addition), Councilmember Masin stated 'fik reservations regarding noise during early morning hours and late at night. She added that complainii., ould bO::*eived similar to those received regarding the deer cannon project. Councilmember Huntqr:v red . _Qn.w�r - ;.,::H -.state4.that the City should adopt the same policy as was adopted in that case andii is received, the hours should be moved back. Councilmember Wachter agreed. Mayor Egan directed Administrator Hedges to move back the hours and handle this Issue administratively if any complaints are received. In regard to Item V, Approve. 7-1-96 to 7.1-97 General Insurance Renewal. Councilmember Wachter commented about the favorable prp received. A. Personnel Items m Item 1. It was recommended to appro4ihe hiring of a pergbg to be named as a Combination Building Inspector. ......... EAGAN CITY COUNCIL MEETING MINUTES; JUNE 18, I956 PAGE 5 Item 2. It was recommended to approv6:the hiring of Brian Distad as a temporary part-time Recycling Intern. Item 3. ft was recommended to approve:-'1ft.: man as a temporary part-time MIS Technician. Item 4. It was recommended to reclassiN.,.:6e two part-time seasonal pre-school instructor positions to the status of part-time regular positions. Item 5. It was recommended to approve contracting with Rick Bradley on a temporary basis through December, 1996, to perform the City's required electrical inspections. Item 6. It was recommended to approvOilhe hiring:.'6t Ian O'Loughlin as a seasonal ballfield attendant. Item 7. It was recommended to approvo:.'the hirind:6f Michael Wallis as a seasonal Parks/Forestry Technician. Item 8. It was recommended to approve the hiring o Eric Bergh, Carrie Ann Gangl and Michael Gust as, seasonal Utility Maintenance Workers. Item 9. It was recommended to approve the hiring of Nova Butor and Matt Hanson as seasonal Park Maintenance Workers. Item 10. It was recommended to approve the "'. Pfetcher and Sandra Hillyer as seasonal.. Softball Camp Instructors. Item 11. It was recommended to approve* -1 mr1hapf Jin Andrew and Kim Moen as seasonal part-time Recreation Assistants. Item 12. It was recommended to approve the hiring of Lisa 1441he as a seasonal part-time Recreation Leader. Item 13. It was recommended to approve the hiring of Lynne Hockford as a seasonal part-time Preschool Leader. Item 14. It was recommended to appr0.,;0fi6*:h'1I`Ir%' 0,.:1<*M::9bnIender, John Hayden, and Lisa Hayden as seasonal part-time Tennis Instructor.*x': Item 15. It was recommended to acce6f:the resigio6n from Bette Parks, Clerical Tech 11, Central Services Maintenance, who Is retiring. Item 16. It was recommended to accept the resignation from Kelly Blommel, Utility Maintenance Worker B. Massage Theral2v License for Michael J. Persing to Practice at Wastl Chiropractic, 1340 Duckwood Prb& It was recommended to approve a massage.therapy license for Michael Persing to practice at Wastl Chiropractic Clinic as presented. C. Findings of Fact. UPS 2nd j Doodle Road and Kutoff Court. A er Old Business). (This Rem was considered EAGAN CITY COUNCIL MEETING MINUTES; JUNE 18, 1996 PAGE 6 under Old Business). E. Award Contract, Municipal Buildings Ftgf� refuse and recycling contract to Asgard,,..'*.*.,, It was recommended to award F. Recommendation, Airport Relations mission, Noise Abatement Departure Profiles. It was recommended to adopt a recommendati&i --by the Airports Relations Commission to support Implementation of the close -in noise abatement departure profile for operations southeast of Minneapolis/St. Paul International Airport. G. Final Subdivision. Centex Homes forPgntex V south of Robin Lane. It was recommen* to apl Addition located east of Highway 13 and:#uth of H. Cedarvale, Special Services Distrii proposed major complex sign for the a Final Subdivision for the Centex Vermillion 2nd i Lane. It was recommended to approve the :es District. I. Approve Change Order #1. Contract 95-21. (Schwan Lake Water Quality Improvement). It was recommended to approve Change Order No. 1 (Contract 95-21 - Schwan Lake Water Quality Improvement) and authorize the Mayor and City Clerk to execute all related documents. J. AoDrove Change Order #1. Contract 95-13. (Northridoe Drive - Utilities). It was recommended to approve Change Order No. i to Contract 95-13 (Northridge: >k - Utilities) and authorize the Mayor and City Clerk to execute all related documents. K. Vacate Utility Easement, Receive PetitiOfi/Schedule Public Hearing. (Oudot A. George W. Giles Addition). It was recommended to receive'ttr:ptition to'vacate a portion of an existing utility easement over Oudot A, George W. Giles Addition, and sCli'edit .::puplip hearing to be held on July 16> 1996. L Approve, 1996 Fee Schedule, SEH, Inc. It was recommended to approve the 1996 Fee Schedule for SEH, Inc. Councilmember Hunter moved, Councilmember Wachter seconded a motion to approve the 1996 Fee Schedule for SEH, Inc. effective July 1, 1996. Aye: 5 Nay: 0 M. Contract 96-11. Approve Extended Work Hours (Yankee Doodle Road). It was recommended to approve extended work hours for Contract *&-!.:(Yankee;:Qop0le Road - Street & Signal Improvements) for the hours of 6:00 a.m. to 8:00 p.m. fFpr %VeW* "-p4&-: november 1, 1996. N. Approve Change Order #1. Contract, -05. (Northridge Drive - Streets). It was recommended to approve Change Order #1 to Contract &"5 (No vi# 1dge Drive - Streets) and authorize the Mayor and City Clerk to execute all related docurnOritfi;:; ... O. Approve Change Order #1. Contract 96-03. (Well #19 - Pumping Facilities). It was recommended to approve Change Order #1 to Contract 96-03 (Well No. 19 - Pumping Facility & Watermain) and authorize the Mayor and City Clerk to execute all related documents. P. Approve Contract 95-14. (Clemson Drive:is: t�l'til est. It was recommended to approve Change Order #1 to Contract 95-14 (ClerrW*- rlve& Utilities) and authorize the Mayor and City Clerk to execute all related documeti. Q. Project 695, Approve Right of Entry':4i reement (Yankee noodle Road - Lockheed Martin). It was recommended to approve the Right -of -8> y:,Agremexx;fQe-:PKject 695 (Yankee Doodle Road) for EAGAN CIN COUNCIL MEETING MINUTES; JUNE 18, 1996 PAGE 7 City Clerk to execute all related documents. R. Contract 95 -DDD, Approve Extended 1N}( Hogre (Magpin Promenade Addition). It was recommended to approve extended workljs—. i `Yk`�r�trt DDD, (Eagan Promenade Addition) for the hours of 5:00 a.m. to Midnight, Monday'ifi'itiiiigii:'*SattXctaq;'rom present time to November 30, 1996. S. Massage Therapv License for Chadlck to Practice at Lifetime Fitness 1565 Thomas Cent( riv . It was recommended to approve a massage therapy license for Chad Houck to practice at Lifetime Fitness as presented. T. Final Planned Development, Farm I was recommended to approve a Final Lot 1, Block 1, Eagandale LeMay Lake Residence Inn and west of I -35E. U. Approve. Holz Farm, Right - the Council's direction regarding 1. Eagandale LeMay Lake 5th Addition. It t to allow a 23,000 sq. ft. office building on at 3080 Eagandale Place south of the nended to authorize staff to implement Cliff Road. V. Approve. 7-1-96 to 7-1-97 General Insurance Renewal. It was recommended to approve the general insurance renewal for 7-1-96 to 7-1-97. W. Approve. Plans and Specifications and Advertise of Tennis Courts at Northview. It was recommended advertisement for bids for tennis court resurfacina::0 X. Approve, Change Order #1. Contra) approve Change Order #1 for Contract Y. Approve, Change Orders, Municipal Center Building: change orders for the Pink Companies resulting in a net $274.32. plans and specifications, authorize tennis courts at Northview Athletic 'k Pavilion). It was recommended to Pavilion in the amount of $7,726.51. It was recommended to approve the Municipal Center Project of Z. Final Subdivision, Wobken, Walsh, Noreen, Architects. Inc., for Wescott Hills 5th Addition, located between Wescott Square and Trails End Road. It was recommended to approve a Final Subdivision (Wescott Hills 5th Addition) consisting of fopi:16 S..on 1.Q7; -acres of property currently platted at Lots 15 - 19 of Wescott Hills Revised 3rd Addition;Doodle Road, east of Ivy Lane in the NE 1/4 of Section 14. AA. Contract 96-12. Receive Bids recommended to receive the bids for contract to the lowest responsible bic documents. rive - Street and Utilities). It was Drive - Streets & Utilities), award the and City Clerk to execute all related Councilmember Hunter moved, Councilmember Wachter seconded a motion to approve the consent agenda with the noted modifications. Aye: 5 Nay: 0 APPOINTMENT, BURNSVILLE/EAGAN COMMUNICATIONS COMMISSION Administrator Hedges explaine03 ballot.pFAC pr**tai members of the audience. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 18, 1996 PAGE 8 Councilmember Hunter moved, 06nciimember Wachter seconded a motion to appoint Jeff May to fill the current commission vacancy oi:811f Ista for the remainder of a three-year term on the Burnsville/Eagan Communications Commisip.; :.Ayer.:5 .•N��C; . 0 Max Ramsey was appointed, by. a'ma.lority'oi'iitie'f�aXofs, as the replacement for the remainder of the one-year alternate term on the Bur trills/Eagan Communications Commission which was vacated by Jeff May. .. PUBUC HSARINGS VACATE pRAINAGE & UTILITY EASEMENT LOT 8, SL:� ;:COUNTflY HOLLOW IST ADDN Administrator Hedges gave an o.VWiew ot"s item. Assistant Engineer Foertsch gave a staff report. Mayor Egan then opened the pdbllc heariit4o anyone wishing to speak. James Walsh, 4132 Prairie Ridge Road, addressed the Couri`6R:t. i'tii!ig-'hqy,r0ul: Jilcp�:to use his lot to the fullest. He added that the sewer line dead ends and will ntvei+ l- 6 -used; -::-T ae�.Uing no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember Wachter moved, Councilmember Hunter seconded a motion to close the public hearing and approve the vacation of the drainage and utility easement as described over Lot 6, Block 5, Country Hollow 1 st Addition, with the stipulation that the proparty owner agrees not to hold the City responsible for the soil densities and/or for providing:.pd' �,t'',itiible for building footing construction within the vacated easement area, and authorize: tte:;iYlajrcr and City Clerk to execute all related documents. Aye: 5 Nay: 0 VACATION OF PUBLIC RIGHT-OF-WAY, YANKEE COURT & KUTOFF DRIVE. (These items were pulled from the consent agenda and considered as one action) Administrator Hedges gave a brief overview of this item. Hedges asked City Attorney Sheldon If part of a motion where three separate land,uee:dacisions ware,enacted could be reconsidered and what the correct procedure would be. Sheldon). a.Y. this motion would be the same as if the Council had not previously voted ori�il 'iss6d;::: *4fifed If was an all or nothing proposition, Gary Gandrud, representative for the applicai!i ,':stated t1%f:tIPS is making this request and not Chesley Freight, since the purchase agreement ftA expired..apd the Chesley project is no longer being considered. He added that the properfji'.-p !ner.W.I .. west is interested in buying the additional land. Councilmember Wachter asked d they rti f :tb St:IkiR?! :$:ii&+ application. Sheldon questioned if this was the same proposal as before. Garidrud'restated't'hai'tFie''{ilat is the same as was applied for before. He also added that if this was reconsidered, Lot 1 could be left in the same condition as it is in today and that the change would be to straighten out Lot 2. He said that if this item was brought back, they would meet with the neighbors and explain to them what they were planning on doing, Mayor Egan stated that some concet�tit--:'&:+eritpfessed by the neighborhood and that they would prefer the Planned Unit Developrrii6,0'the way lt: :with 16 lots, since they would prefer 16 smaller businesses vs. 2 or 3 larger ones::::# le added that i*f...6 parcel is replatted, that objective may not be accomplished. Councilmember:Hunter stated that even though this was the same line as before, It is a new application and would requi**Z new public hearir ;; Councilmember Wachter concurred. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 18, 19% PAGE 9 Hedges stated that staff would agree as viten. It was felt that the original action that was presented on the agenda should be taken. Councilmember Hunter moved, CQ tric fr i7ci Si W� seconded a motion to approve a resolution denying a request by Chesley') ;1.O.Mftiii '*i6?:i3.:Pi�li�iinary Subdivision, Conditional Use Permits and Variance to allow a truck salaand service facility including outdoor storage on property located east of Hwy. 149 and south of Y�Fi�ee Doodle Road and deny the vacation of public right-of-way for Yankee Court and Kutoff Drive. Aye: 5 Nay: 0 CONSIDER REQUEST FOR JOINT POWERS AGREEMENT WITH INVER GROVE HEIGHTS Administrator Hedges gave an o?i &iew of.thjs item. Jim Willis, Inver Grove Heights City Administrator, addressed the Council an0.-4tated tti*.they would like to continue the work they began and complete their long range planning tar the cit `.`Ad that extending utility services from the City of Eagan to the City of Inver Grove Height 911:416 the m6it:'Iconomlcal option. He added that he would like to continue a cooperative relationship withhe;City:.pf..Eagan,... Mzrl4 Anderson, Director of Land t3ie:aS les [e ti g to other services, i.e., Police, Fire, Development for Lundgren Brothers, addfes5 Parks. He added that they are only talking about utility services in this case. He further added that the pipes would be owned and maintained by Inver Grove Heights and that Eagan would only be providing the flow. He noted that Eagan's system was designed to have the capacity for the designated area. He also noted that this project would result in reimbursement to the City of Eagan. Allen mentioned that the Joint Powers Agreement (JPA) would create an opportunity to work on border issues. He said that his company has offered to pay up to $5,000 to cover legal: ex3iet�es involved with investigating the possibility of a JPA Mayor Egan referenced Howard-,:K116.'s letter tM4f- was submitted encouraging the Council to complete the JPA. Mayor Egan stated that:�*.*'banaerned about the residents of the City of Eagan. He also noted that the JPA must meet three criteria.-:-:Tt.i ,*:ii' :>~riteria should require that the JPA meet the engineering standards in regard to capacity. The secchd-:0.40tia should question whether this agreement is legally enforceable. He stated he feels ft's important to be a good neighbor when there's the possibility of reciprocation. The third criteria he mentioned was if the JPA was prudent from an accounting and financial point of view. Councilmember Wachter asked where the benefits were to the taxpayers of the City of Eagan. Councilmember Masin added that she agrees with Mayor Egan's concerns and she also questioned the stabilfty of Inver Grove Heights' city planning. She added that in regard to the Captain Dodd issue, they did;fiii pw ani!. >rpsRivity to the City of Eagan. Councilmember Hunter asked If the Citx.;by selling utilities. ,Assistant Engineer Foertsch indicated that a profii:is not exerted at this point. Councilmember Hunter expressed his concern with risk factors:,'such as sewers backing up and the effect it would have on Eagan residents. He also stated that it.w.. ld regWi4i: more staff time from the City of Eagan employees and added this may decrease the qualitji:;ani ; k.: rfort�nsd:.h.Eagan as a result. He also added Inver Grove Heights was not neighborly in issue. Mayor Egan stated the benefits Eagan would receive as a result of this agreement, such as creating a gateway by assuring the quality of development on the border. He also added that the costs charged would provide a surplus to the City. Counpilmember Awada stated that she preferred to have Lundgren Brothers building on the border a quality builder. Councilmember Masin stated that the partnership needs credibility -:a! * �'tfiat, ?C�lincil would need to see detailed plans from Inver Grove Heights. Councilmember Flrjtil;:Br stated that &.; -eopie along the western border will feel like Eagan residents and begin using facilities provided by the:City of Eagan, which will result in further hidden costs. He also requested that c 091led plans for the .City of Inver Grove Heights be seen. He added that another option would be tosir�x.;t>t..pncttRn►:f:fiiVer Grove Heights. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 18, 1996 PAGE 10 Councilmember Wachter requestedf::to see the complete Comprehensive Guide for Inver Grove Heights. Senior Planner Freese noted tt%k: tall has received notice of the amendments to their plan and added that they are In the process of completing it. Councilmember Wachter questioned the need for an additional water tower in Eagan if uiU09:s WO .d: #hd Stated he feels Inver Grove Heights should work with their own city in regard'ta:g;2Si>� e:�tt'*es established. Mayor Egan stated that the City of Eagan is looking for another yvaW reservoir and that this would be the link to justify getting that reservoir. Foertsch commented thai:t reservoir would provide residual benefits to Eagan residents and also serve Inver Grove Heights residents. Councilmember Masin requested this item be continued until detailed plans are provided in regard to the services Inver Grove Heights would be providing to these residents. Councilmember Awada moved, Councilmember Masin, seconded a motion to address this item at a workshop in July. Aye: 3 Nay: 2 (Hunter, Wachter) Councilmember Hunter stated #*:s he does:mt want to appear adversarial and that the decision not to go ahead with the JPA is not a rafleation ori. -&y staff, the Mayor or Council of Inver Grove Heights, but rather is a question of what:6nefits Eagan residents would receive. PROJECT 689,PkND137C::�A$SF-SSMENT ROLL (HAYES & DEtSEWER) Administrator Hedges gave an overview of this project. Assistant Engineer Foertsch gave a staff report. Councilmember Awada moved, Mayor Egan seconded a motion to revise Project 689 (Hayes & DeLosh Additions - Storm Sewer) and related assessment roll deleting the lateral benefit assessment to the Hayes Addition, Aye: 5 Nay: 0 CONTRACT 96-0.7,.;IECE,IVE�:Z#D AWARD CONTRACT (HAYES & Dg Q. H' )j171TI0 iS - STORM SEWER) Councilmember Hunter moved, Couti'Oilrtijairtet.:Awada seconded a motion to receive the bids for Contract 96-07 (Hayes & DeLosh Additions - Sfoi°ti::,and award the contract to G.L. Contracting in the amount of $106,490.40 and authorize &:Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Assistant Engineer Foertsch indicated that the bids shown in the Council packet did not show the cost of clearing and grubbing in the ravine. He passed out information regarding quotes taken from tree service operators for clearing in the ravir*.prior to bidd,ing.the other improvements. He stated the process was accelerated because it was::11*30 fc ::to..{ ripste:;the vegetation before the leaves came out on the trees. He also added the actual,Nati" cost;:wia''tiotli Bids were combined together, came in under the report estimate by 14.5% ancF 2.4% unOeF the engineer's estimate. Councilmember Hunter moved; §.unClV4!n-! ber Awada seconded a motion to award a contract to St. Croix Tree Service in the amount::$436:i:j?itiD2C :07, resulting in a total contract for the Improvements in the amount of $110,926:4D: Aye'`''5 '1FIay: - i ' NEW BUSINESS PRELIMINARY SUBDIVISION;.&:t?`M#JJNARY PLANNED DEVELOPMENT Administrator Hedges gave an Overview of the proje6t.-- Senior Planner Freese gave a staff report. She noted that at the Advisory:i?wning Commissiori:Oearing, neighbors expressed concerns EAGAN CITY COUNCIL MEETING MINUTES; JUNE 18, 19% PAGE 11 with traffic. She added that the traffic analysis that was conducted indicated Nicols Road could handle the increased capacity. She also added:ft a recommendation was made to relocate the driveway on the south and it Is Included as one of the'Conditions. Ray Anderson, a representativethe Council and stated that this Is a quality project, run by local people who are sympathetic to the concerns of the neighbors. He also stated that staff has done an excellent A -1x regard to their application. He mentioned the need for a convention center in the City of Eagan aria stated that this project would provide one. Councilmember Wachter asked if the restaurant could take more advantage of the scenic view and added that the landscaping should not take away from the view. Anderson stated they may change the back of the structure to accommodate the view. Councilmember Masin stated ttja(ihe prot®Ction of the pond is a major concern. Freese noted that the relocation of the trail on the porirl: property Y1 have no detrimental impact on the water quality or vegetation. Councilmember Masin giioned tale:meed for a convention center and asked about the height of the buildings. She was concerhid that five:stories would not blend in with what's already there. Anderson stated that spruce trees y tll.-: tiefp ftlotr*gt:the:opildings. Mayor Egan asked about the CSC zoning and the permitted use. Freese sti33Qd:ttiSt:ixrt;2#ie existing CSC zoning, retail uses would be permitted, along with hotels. She added that the reason to go with Planned Development zoning is because of the cross easements with parking and setback deviations rather than having multiple variances. Steven Haibel, resident who lives on Scott Trail, his neighborhood. He shared their concerns and $fated. while others only object to a portion of It..Sevdra#ptier the wildlife, increased traffic, safety, par :`:,::':ei'9 �tt't'of th property values. Ann Carton, Executive'Direckx.:of the E addressed the Council and stated they hav@:-b9!ert workir She also noted that the site is appropriate for the 'IStopQ; of rooms In the hotels is in line with other hotels in Eaga base. dried the Council as the spokesperson for at:0nne residents object to the whole project stints stated their concerns which included Buildings, liquor licenses, and decreased Ian Convention and Visitors Bureau, with Ray Anderson and support the project. i"'ect. She further added that the number iiidilhat this project will help the economic Brad Schafer, Manager of the Cedarcliff Shopping Center, addressed the Council and stated that they welcome this development and feel it would be beneficial to their business. He stated that he did not feel the hotel project would generate as .rnmch traffic as a chopping center. Indulis Rutks, 4477 Scott Trail, qd k iliai'ifiei:G"UH6il'tiad approved a hotel by Fish Lake, but their approval was for three stories instei :,of the f6. proposed. Gary Tankenoff, owner of the piciperty,, adatessed the Council and stated that they have tried to put together a quality project and that is#ti&:it::Qf:tfLture is reduced, along with decreasing the number of rooms, the project would bec6h)ig'ecbi 6Mi't!gly-*Weasibie. He added that the property will probably be developed within the next six months and that the residents may not be happy with a new proposal. Councilmember Masin stated that she.felt;.t a:? fes a good development, but added she was concerned with the height of the buildings..:$s:?nvtglt:i:ti:r.creased traffic. Councilmember Awada concurred with the concern for the height-':clkl5b buildings:::: Councilmember Hunter added that the traffic analysis states that traffic will not be a miff concern. He s1ii0o noted that property values will probably decrease no matter what's built there. He..said that although.;he hotels may be needed, the heights of this structure is excessive. He felt the f;titels are too close t6Ae residential area. Councilmember EAGAN CITY COUNCIL MEETING MINUTES; JUNE 18, 1996 PAGE 12 Wachter mentioned that no matter what:oq$s on this site, there will be an impact to the neighborhood. He favored finding the least objectionabl:tption and felt that this project was a good use for the site. Mayor Egan stated that the comtiiri:h:iieidv#;;:?conference center. He suggested that Anderson keep on looking for alternative'�skss:it�-Sigan-:iR4*:4:'{itbject is not approved. He also commended Ann Carlon for her efforts ir;;segard to the hospitality industry. He also noted that CSC zoning could allow for a more Intense u.4-it;an what is being proposed. Councilmember Awada asked the applicant if they would consider a shorter hotel. Anderson stated that they have looked at various alternatives and added that If you're going to have a high quality project, you need the visibility to attract customers. Councilmember Masin asked if there was any way to block off the residential side of Nicols from the view of the hotel. Freese noted that additional work on landscaping could be done, but added that it would take several years for the tregs to become effective. Councilmember Hunter moved, :Mayor Eg i :seconded a motion to deny a Preliminary Subdivision for Honey Tree First Additiol :'t':onsisting;*f three lots, previously platted as Lots 1, 2 and 3, Block 2, Mari Acres Second Addition and direFt.siaff to prepare Findings of Denial. Aye: 3 Nay: 2 (Awada, Wachter) Councilmember Hunter moved, Councilmember Masin seconded a motion to deny a Preliminary Planned Development consisting of two five -story hotels and a Class I restaurant, including on -sale liquor for Lots 1 and 3 of the proposed Honey Tree First Addition and direct staff to prepare Findings of Denial. Aye: 3 Nay: 2 (Awada, Wachter) ADOPT Administrator Zhira::MiP Administrator Hedges gave an 0#er iew•of this If$m. Councilmember Awada moved, Councilmember Hunter seconded a motian:1p'Approve the publication of a Summary Ordinance adopting the City of Eagan Zoning Map pursuaflt;lO:S&Ciign 11.2, Subd. 2 of the City Code incorporating changes since the last map publication, administratiV':-6 :and correction of errors in the previously published map. Aye: 5 Nay: 0 RESOLUTION APPROVING THE LEVY OF THE TRANSIT TAX Administrator Hedges gave an overview of this item. Councilmember Awada moved, Councilmember Masin seconded a motion fo: pprove tha rPepplution approving the levy of the transit tax. Aye: 5 Nay: 0 Councilmember Masin stated triai a lot of W"iirk went into this and this action means a lot. i,EGiSf.ATiVullUTF,RUOVgl3NMENTAL AFFAIRS Mayor Egan commented on the excellent Leagiae'bf"Minnesota Cities conference held in Rochester June 11 • June 14. ADMINISTRATIVE AGENDA Administrator Hedges referenced;i;:irt;i iii 3ti1i7i?ytrmative Memo regarding economic development prospects. He noted that.t.,' ibtorcycle coirip y is interested in pursuing TIF in regard to the property on Lone Oak Road and Hvcij :t5 and he asked::staff should work with them. Assistant to the Administrator Hohenstein expiainect:#.vt this prospect is:43ractive from a tax base standpoint. He Indicated that up to 10% of TIF may be;tt8ed as a .f�uginessJ*Oucement. He noted that the company is EAGAN CITY COUNCIL MEETING MINUTES; JUNE 18, 1996 PAGE 13 looking beyond the 10% and they are seeing to find out what the District would support. Councilmember Wachter and Mayor Egai#:$fated they would be in support of offering 10% to this business. It was agreed staff should proceed in structuring a proposal offering 10% of the income the company would generate as an incentwo;:: ; tett -Mentioned that background information was provided in regard to a couple of firms tifaitl:a14' - itet t cis iIt.tiacle and economic development financing. He added that findings will be brought ftard from the Economic Development Commission when they are received. He also added that Part 1; 0!.Ahe application was submitted to meet the July 1 deadline in order to keep the opportunity open, but" 66ied that neither the City nor the firms are obligated. Councilmember Hunter moved, session for July 31, 1996 at 5:00 p.m. ti Aye: 5 Nay: 0 Councilmember Wachter move purchase of the Richard Holz property Force for refinement on the actual loco Nay: 0 ................................... Af3U1�D':'�AB.I�E member Awada seconded a motion to set a special work er W Joint Powers Agreement with Inver Grove Heights. Masin seconded a motion to approve the 1iis item back to the APRNRC or the Task (4fti :'ih* a newly acquired property. Aye: 5 Councilmember Hunter added that the goal should be to minimize the expense and not maximize the view. Councilmember Masin requested last referendum election and the estimate Councilmember Wachter moved, Mayor Egan::i Lid -*P -i dated June 13, 1996 in the amount of $1,851,246.50. Aye: ADJOURNMENT The meeting adjourned at 10:05 p.m. Date the number of people who voted in the a motion to approve the check register iy: 0 City MLK ff 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, (612) 681-4600, (TDD phone: (612) 454-8535). The City of Eagan is committed to the poliCy;tP;kt:dlrp6r6 ;'.have equal access to its programs, services, activities, facilities and employment withput''iegard toa+e;::polor, creed, religion, national origin, sex, disability, age, marital status or status riiA-,regard to public assistance. MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL :::lagan, Minnesota :.:::::June 18, 1996 A special meeting of the Eagan t~r'f5rciaiiil'was itieid tirt Tuesday, June 18, 1996 at 5:00 p.m. at the Eagan Municipal Center. Present wersi:Mayor Egan and Counciimembers Wachter, Masin, Awada and Hunter. Also present were City Adminjtor Tom Hedges, Assistant Engineer Mike Foertsch, Chief Building Official Doug Reid, Senior Planner Lisa Freese and Recreation Director Ken Vraa. WESCOTT ROAD EXTENSION Administrator Hedges gp":an overview. He stated that staff has encouraged Mr. Horne to look at the Wescott Road/Pilot Knolj :Road inti�tisectlon as the main access rather than what was approved by Fish Lake on Pilot Knob Road":He addeadthat with their willingness to change, questions have arisen regarding displacement and modify' ions thathave to be made to the intersection in regard to the Fire Department and the parking lot and.who.will..b@.ar the cost. Assistant Engineer Foertsch stated that options were outlined for the Council's co i id ra#ioti ::::::::::::::,:::i::: Mr. Crawford, attorney for Mr. Home, stated that two questions remain. He indicated it needs to be decided what the design of the entrance will be and how the costs will be allocated between Home Development Corporation and the City. He further noted that all of the construction takes place on City property. He stated there are two design issues they are most Interested in. The first one is the center Wand concept. He added that he understands staff feels .4his::ls not necessary, but stated it would add character. The second design element is the prgpeF,;laei and planting which would give separation of the entrance to the public parkirQ at..1.#�;s'fiOrt bti�f3d t#sat the Engineering Department has prepared a cost breakout and that the total costs will i ui�tf b center ;eland would come to about $108,000. He went on to say that of the $108,000 total, $14,6GOL. :being. allocated to the parking lot relocation and $57,200 is being allocated to move the signal, as well as-'oilteT.'!Ot m.related to right-of-way width. He stated that the remaining $46,000 would be allocated to the roe way:PQ` n of the cost. He noted that a normal entrance would have costs around $15,000 - $16,000, includiiig:the construction of the center island. He added that they feel they should pay the equivalent costs of a normal entrance. He added they would like to see the design as shown and see the City pick up the additional costs. Councilmember Hunter asked about the cost of the feasibility report and who would pay for this in the event the improvement does not take place. Councilmember Wachter said he **.ti ir�sowt dM , 04 OO parking and whether snow and saft would be a factor in maintaining the center me&3 X.. may :*:':'-n' stated he feels it is premature to be discussing the allocation of costs. CounctimemberA;wada note' -Wit she liked the proposed center median and added that the cost issue should be addressed oAhe feasil ty report. Discussion continued regarding the pros and cons. Foertsch stated that if City ped pe ! .is -TGA lred...long:with the signal, the developer would have to extend his residential street out cine#: tdaVietopie #bouid pay that cost and also any costs associated with the center median. Councilmember Hunter asked about the form where the developer waived his rights to a public hearing. He did not feel they should do this. Crawford stated they do not have a problem either way. Councilmember Hunter felt the form should inr udik:":most of the preparation of the feasibility report and designate the developer to pay this in case f#i0: .djdtt:diii0$:i 61: go forward. He also felt the petition should be re -executed with the second part strickiei:regarding waivin%g their rights, but adding the clause about covering the cost of the feasibility report. ''Crawford stated they4re willing to pay for the preparation of the feasibility report. It was directed to prep r : the feasibility repgi#:.once the new petition is signed. EAGAN SPECIAL CITY COUNCIL MINUTES; JUNE 16, 1996 PAGE 2 PROPOSED ORDINANCE - ON"SITE INDIVIDUAL SEWAGE TREATMENT SYSTEMS Hedges gave an overview on the idtit:tiidEte::+#; ted that public hearing notices should be sent out to the 280 residents who have private wells and a neighborhood meeting should be held. Mayor Egan noted that the number of private will decrease in Eagan. Building Official Reid indicated they are working with Dakota County to devise"'bne uniform ordinance. He stated that the wording in Dakota County's ordinance Is somewhat different than what was agreed to. He added that residents would not be required to install on-site individual sewage treatment systems until their old system fails. Mayor Egan asked why there is not a County wide ordinance. Reid stated they are proposing an ordinance similar to Eagan's, but their ordinance will state that.if a system is not up to standards, it will be deemed a failure. In comparison, In Eagan, the system wilk:E,iiE :allowed:to stay in place as long as It is operating and once the system fails, ft will need to be replaced. im,ber Awada agreed with the City of Eagan's position. Mayor Egan asked what the source of ttie::Oropose :craft ordinance was. Reid stated that sources came from meetings held with Dakota County ari'd Metropolitan Council representatives as well as looking at the County's ordinance. Reid noted that there: eA:qO ...rm: n'' se. the cost of Implementing this program. He stated that after one year, the costs th6Wd::DeF::kti Hedges stated that they should go ahead and schedule the necessary neighborhood meetings and the public hearing. Councilmember Masin asked if the property owners would have to pay for the Inspection. Reid addressed that issue. Councilmember Awada asked if it was excessive for the Metropolitan Council to require an Inspection every two Bare;:::Reid stated that the Minnesota Pollution Control Agency is suggesting inspections take place:;,e i?r:�:;�f. r.ft years. He added that this issue is still being addressed. Hedges thanked Reid and the Irispe>� ..1)epartirWnt for their excellent public relations in regard to the clean up of the storm damage. Reid acfr�etl if atmost.of the comments received from residents were positive and that residents appreciated the fact that t#ie:>N::praid the cost for the pick up of debris and waived the permit fees. He added that they have met with'Wki:�operty management companies of Diffley Commons, the insurance adjusters and the contractor to get a resolution in regard to repair of the damage. REDEVELOPMENT OF WESCOTT TRAIL RENTAL HOUSING UNITS Hedges noted that several members.ot.the HRA staff were present at the meeting. He stated that several months ago the City Council gave.ViO�siaiiidiortt4b:;ifw.:Yi uth Coordinator position and whether the City should continue renting or acquire ii'ie 949 4" 1:'...............'... housing unit to be used for the program activities. He also added that at the time:dFthe Metropolitan Livable Communities adoption there was an amendment that suggested projects or bow ssing dexelopments within the City be looked at that could be refurbished and renovated as opposed tiii wilding rri W construction. He stated that staff is looking for a general policy that the Council wouldlike ;s54htitie a►c�itciii on. He added that he appreciates Senior Planner Freese's memo and her good v✓ortt: : ': - Freese stated that over the past couple of years, the City has been approached by various groups and owners regarding potential City and County assistance for rehabilitation of buildings. She added that most recently they were approached by Jeff Johmp;:.whose company manages a large share of the Wescott units. He had asked the City and.th4j...f the possibility of a consolidation of ownership under a public buyout option. As a result, C.y::sfaff met i4it Ffl 4 staff to put together the pro formas. She pointed out that the key thing to keep in niittsl'iis that there wiik:4e:a significant public investment if a buyout Is considered. She added that the City coRtAbution would be hider than the 25% figure used in her memo. She also clarified that the policy refereraiR on page 30 of t4staff report was a City policy and not a County policy, EAGAN SPECIAL CITY COUNCIL MINUTES; JUNE 18, 1996 PAGE 3 Councilmember Awada questioned:scenario five, page 24 of the packet (Purchase One Building), and asked if the, other three units would:':0011fy under the Metropolitan Council's Low Income Housing guidelines. Freese stated it depended on which Scenario was followed in terms of purchasing. She added that they were looking at having a markdi::i+: iaftrtt;ativ;iiViEe there would be a City subsidy to enable that buyout and the other aitemative woiiSt :W-''tretisW6iiiil--*hi6 Ing. She went on to say that transitional housing would qualify by providing ho4.1hg for people under the Livable Communities Act. Ulfers, representative of the HRA, stated that sowiOrlo five would involve participation with the transitional housing program and would meet the Livable Cominunitie:. Act requirements, but If a market rate rent approach was used It would not meet the Livable Communities Act. He further added that the Livable Communities Act states that rent, including utilities, cannot be more than $683 per month to be considered an affordable unit. The market rates the units are being rented at are averaging $750, so they would be above that threshold. Mayor Egan asked in regard tOlcenarl):&.$ how many units would qualify under the Livable Communities Act. Ulfers stated that scaeffario fi6ei;:. 6 acquire the four unit building that the City service center is presently located in, would leav#­,three hoafng units. Mayor Egan asked about scenario two and If the buildings were the Johnson owned mnits and. it they would qualify. Ulfers stated Johnson does control these units and believes they would fail vA14—# d 3:f#if ttaid;. Mayor Egan stated that another 34 units could be added in addition to the existing uns: l6 ifki »dderdtfief scenario 2 appears to be the best option. He also asked what changes would be made to these units. Ulfers stated that their Rehabilitation Specialist was sent out to the development to prepare a cost estimate. He referenced the cost breakout on page 43 of the packet. Ulfers noted that the original construction was not exemplary and maintenance has been deferred for a long time, which has resulted in the need for siggificant rehabilitation. Councilmember Awada asked why the purch$se:: IX- e- for the buildings was so high. Mayor Egan asked if an appraisal had been done on..ihase lsci is:::: ;UNers stated that one had not been conducted. Superintendent of Recreation Peterson, e#atedthat the esnated purchase price of the service center was between $33,000 and $36,000. Egan asked:*Iho..pity i3tiid the HRA's financial obligation would be to try and upgrade these units to the cost shown Otr pag3:;strad.then buy them down. Ulfers suggested they could be purchased at the price being requested and $22 Edd:per unit put into rehabilitation. He added that some units should be torn down to make the project more nhiliiageable. He stated this project has all three bedroom units and they would like to create a mix of one and two bedrooms units. Wachter questioned all the things that need to be replaced. Ulfers stated they had also talked with relocation experts who estimate the cost to be between $8,000 to $9,000 per unit for renter relocations:as.per the Uniform Relocation and Acquisition Act. It was noted that there is a gap of $182,000 that4t.3ras:tQcviiie up with. Discussion continued regarding the costs Involved with the project. Councilmember Awada stated th6t the thfw� units in the 949 building should not be used for transitional housing. Ulfers said the undo ould kq.*4qd. out aS an option, but the rents would not qualify under the Livable Communities Act, bi##: #d0... Itii * :tide :li.**04ld be self supporting at $780 per month. Councilmember Awada stated that the goal in the future 'would be to convert the whole building. Mayor Egan asked about the financial tools the HRA had come up with last fall. He stated that the Council would not want to get involved with something that would not accomplish any goal. He asked what tools are available now. Utfers stated that some of the tools had been used in some of the scenarios presented to the Council. He added that some sources are.*.v0b Nt:�ut.it depends on the objective. Ulfers stated that the equity gap Is large and it's hard to fill tw.:*. dp;= eiief *ith creative financing. Mayor Egan stated it is the Couiieit's priority to finaritO the second wing of the life cyclo housing. Hedges stated that he could look at the.-mr0dual amount In the.aingle family housing bond issue of 1980. He noted that the Council has beef :::consistent in a 7..prking that money for senior housing. EAGAN SPECIAL CITY COUNCIL MINUTES; JUNE 18, 1996 PAGE 4 Counclimember Awada stated that the p i�hase price Is unrealistic. Ulfers concurred with Councilmember Awada. Hedges commended Ulfers on'7#iis effective negotiation skills. Ulfers stated the HRA would like to be part of solving the challenges. ed;;�Ale:�cptt;;tw�.t�ey do not want to purchase these buildings at an unreasonable price. Reid added that complaints haV*.+iAen received from the tenants regarding the buildings, but he Indicated the tenants are hard on the :tiMs too. Mayor Egan stated that the Council is interested In exploring the possibility of refurbishing other cluster homes if this project does not move forward. He added the Director of Adult and Community Education for District 196 is Interested in developing a GED program for some of the tenants who live in the buildings. Councilmember Awada stated that other problem areas should be addressed and those problems solved too. Mayor Egan stated there are opportunities that already exist In Eagan and the Council OWuld consider option four and wait for the owners to come down In the purchase price. It was noted that option two sho�ild not be t"Liplored. Councllmember Masin asked what the impact on the other units Is in regard to the t11r?�f::ttte::l3enrice:;cetlter in the one unit. Director of Parks & Recreation Vraa stated that the tenanti : #k 0-04 WO *OM" center there doing something positive. Ulfers congratulated the City regarding the Wescott Park improvements and he added that police service calls have been reduced as a result of the service center being located in the one unit. UPDATE/RICHARD HOLZ PROPERTY/ROAD ACCESS NEGOTIATIONS City Administrator Hedges stated that effortsJgWi 00h made to negotiate a driveway access to Holz Farm from Cliff Road through the Richard::k�lbl ::prio:` y, and as an alternative, through the Roger Weierice parcel immediately to the west:fi#:FtFcFiard:Holz property. Director of Parks and Recreation Vraa stated that Ed McMenomy, the reak'at representing Rkhard and Irene Holz, informed the City that they are not interested in selling any road r1ght-'6A4j.1t):;tba City from their parcel. He further stated that Mr. Weierke is not interested in selling only a portion'r:#iis::ioperty. After further discussion, there was a consensus by the City Council that action be taken at'ihe:;fegular City Council meeting of June 18 to approve the purchase of the Richard Holz property for $120,000 with the understanding that the item will be returned to the APRNRC for the purpose of locating the driveway access and parking lot and that consideration be given to the resale of the house by subdividing the property. The meeting adjourned at 6:30 p.m. to the regular Council meeting. MLK Date City Clerk Agenda Information Memo July 2, 1996 Eagan City Council Meeting SOMME WS11-2XVINW, 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. Combination Building Inspector NO ACTION IS REQUIRED ON THIS ITEM. FACTS: In official action at the June 18, 1996 Eagan City Council meeting, the Council approved the hiring of a person to be named as a Combination Building Inspector. For the Council's information that person is Michael Barck. Item 2. Temporary Planning Intern ACTION TO BE CONSIDERED: To approve the hiring of Erik Stettedahl as a temporary Planning Intern. Item 3. Seasonal Recreation Program Leader ACTION TO BE CONSIDERED: To approve the hiring of James Sanders as a seasonal Recreation Program Leader. Item 4. Seasonal Recreation Program Assistants ACTION TO BE CONSIDERED: To approve the hiring of Kristie Evenson, Sharada Lakhan, and Natalie Peltier as seasonal Recreation Program Assistants. Agenda Information Memo July 2, 1996 Eagan City Council Meeting Item 5. Seasonal Park Maintenance Workers ACTION TO BE CONSIDERED: To approve the hiring of Frederick Furlow and Dominic Taylor as seasonal Park Maintenance Workers. Item 6. Seasonal Street Maintenance Workers ACTION TO BE CONSIDERED: To approve the hiring of Ben Anderson and Jeff VanOverbeke as seasonal Street Maintenance Workers. Item 7. Summer Seasonal Clerical Worker ACTION TO BE CONSIDERED: To approve the hiring of Stephanie Welberg as a summer seasonal Clerical Worker in the Recreation Division. Item 8. Seasonal Naturalist ACTION TO BE CONSIDERED: To approve the hiring of Sandra Bahn as a seasonal Naturalist in the Parks and Recreation Department. Item 9. Hearing Conservation Program Agreement ACTION TO BE CONSIDERED: To approve the 1996 Hearing Conservation Program Agreement between the Cities of Eagan and Bloomington. FACTS: OSHA regulations require the City of Eagan to annually test the hearing of and provide hearing conservation education to its maintenance workers and first line supervisors. The City of Bloomington's Health Department has run this program for us for a number of years. It would be appropriate at this time to approve the 1996 agreement for the program. I'm Agenda Information Memo July 2, 1996 Eagan City Council Meeting Item 10. Revised City of Eagan Health Care and Dependent Day Care Reimbursement Plan Document and Summary Plan Description ACTION TO BE CONSIDERED: To approve the revised City of Eagan Health Care and Dependent Day Care Reimbursement Plan Document and Summary Plan Description. FACTS: The original City of Eagan Health Care and Dependent Day Care Reimbursement Plan Document and Summary Plan Description were written in 1990. Since then, several federal laws and regulations regarding this type of program have changed. DCA, Inc., who administers the program for the City of Eagan has updated the two documents to reflect those changes required by law. Nothing else has changed in the City's program. (This is the program which allows employees to have money deducted from their pay checks for medical and day care expenses prior to taxes being figured and deducted. This is a benefit to the City of Eagan because it means the amounts the City contributes for its share of social security taxes are reduced.) It would be appropriate at this time to approve the revised documents. (The two documents total over 40 pages and have not been attached. If any member of the Council would like to review the documents, please contact Assistant to the City Administrator Duffy and a copy will be forwarded.) Item 11. Updated Affirmative Action Plan ACTION TO BE CONSIDERED: To approve the updated Affirmative Action Plan for submission to the State of Minnesota Department of Human Rights. FACTS: The State of Minnesota requires that affirmative action plans be updated with new employee figures every two years. The last update for the City of Eagan's plan was in 1994. The plan has been updated using 1996 employee numbers. The main affirmative action/equal opportunity policy statement which is a part of this document is also a part of the City's Personnel Policy. The Affirmative Action Policy of the City is not to fill any kind of quotas, but to try to attract qualified applicants of both sexes and of all races. It would be appropriate at this time for the Council to approve the 1996 update for submission to the State Department of Human Rights. Agenda Information Memo July 2, 1996 Eagan City Council Meeting ATTACHMENT: The entire plan is over 50 pages; however, the main changes are on page 26 which lists the City of Eagan employees as of June 15, 1996 by job group, detailing the number of employees in each group, the number of female employees in each group as compared to the availability of qualified applicants, any underutilization of females as indicated by the figures, the number of minority employees in each group as compared to the availability of qualified applicants and any underutilization of minorities as indicated by the figures. A copy of that page is attached on page . If any member of the Council wishes to review the plan as a whole, contact Assistant to the City Administrator Duffy and a copy will be forwarded. z aO N J F- d' W O z Z O J F- J E t6 Z Z Q oD m O LL O I - Z W 2 W a W 0 Fa - O LA W Z Z Ll! U LL LL O U) U F- N Q LUF- N x U Q W U OC J m Q a LL O W U Ir D I LU I o l I I. o { o o o 0 a ! o m0N i OZF- Z > > ! I � M s s�� p d o 0 0 0 0 0 0 W J � Q Q Z W ! $ 8 0 o 1 0 0 0 o O 0 0 0 Z Z O co ? Z N 10 O T , fp p 0 T 1NQJJ w&w r O o t o o{ o r T M a N , >Z� z>> 0 co O cco -j p_0 • cn "t - r*.: N O O oe C O O I C C 0 O C { M W n o N rzv n�i rn co CD Cl) vi M Lf9 O 0 0 Z J oe O O O' W Z OI -I O CO V( R{ I i Z 1 Q N CO r W T F- O F- } � LY a 0 W w w O O a U Q LLO H O Z N c 0 Z 0 m�Q O Q z izw9WM ! I-' > a U Y Oz U LL = oN Z H W Z n to U a w a H ¢ a 0 a t6 Z Z Q oD m O LL O I - Z W 2 W a W 0 Fa - O LA W Z Z Ll! U LL LL O U) U F- N Q LUF- N x U Q W U OC J m Q a LL O W U Ir D Agenda Information Memo July 2, 1996 B. CONTRACT 96-15, MEADOWVI EW ROAD ACTION FOR COUNCIL CONSIDERATION: To receive the bids for Contract 96-15 (Meadowview Road - Utilities), award the contract to the lowest responsible bidder, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • At 11:00 a.m. on June 28, formal bids were received for the installation of utilities within MeadovMew Road as approved at the public hearing held on April 16, 1996, for Project 615R. Enclosed is a tabulation of the bids received with a comparison of the low bid to the estimate contained in the feasibility report presented at that public hearing. • All bids will be checked for accuracy and compliance with bid specifications and any deviations will be so noted by the Public Works Director at the time of contract award consideration by Council action. • All easements necessary for this project have either been acquired by negotiation or are in the process of acquisition through condemnation with an established possession date compatible with this proposed contract award. ATTACHMENTS: • Bid tabulation, page 8 It L — city of eagan CONTRACTORS MEADOWVIEW ROAD - UTILITIES CITY PROJECT #615R CONTRACT #96-15 BID DATE: June 28, 1996 BID TIME: 11:00 A.M. TOTAL BASE BID 1. Brown & Cris, Inc. $108,355.00 2. Ryan Contracting, Inc. 112,473.50 3. G & L Contracting 118,744.60 4. FF Jedlicki, Inc. 128,574.00 5. Burschville Construction, Inc. 129,250.00 6. Northdale Construction 129,317.17 7. Kober Excavating, Inc. 134,605.80 LOW BID $108.355.00 Feasibility Report Estimate $102,564.00 % Over (+) Under (-) + 5.65% Engineer's Estimate $105,854.00 % Over (+) Under (-) + 2.36% Agenda Information Memo July 2, 1996 C. CONTRACT 96-16, BISCAYNE AVE & HALL STEM 3 ACTION FOR COUNCIL CONSIDERATION: To approve the plans and specs for Contract 96-16 (Biscayne Avenue & Hall Street/TH 13 - Utilities & Streets) and authorize an advertisement for a competitive bid opening to be held at 10:30 a.m., July 31, 1996. FACTS: Project 687, providing for the installation of public streets and utilities within Biscayne Avenue, was approved at the public hearing held on April 16, 1996. Similarly, the installation of utilities within Hall Street and the TH 3 frontage road near the Red Pine Lane intersection was approved at the public hearing held on May 7, 1996, for Project 700. Because of their proximity and similarity, these two public improvement projects have been combined under one contract (96-16) in hopes of obtaining favorable bids through the economies of scale theory. ISSUES: Two (2) of the property owners (Bill Schlitz and Kevin Mellow) within the Halley's Addition have requested additional driveway openings onto Biscayne Avenue. The configuration, location and/or setbacks of these off-street parking stalls do not meet current City development standards. Subsequently, these requested driveway openings have not been incorporated into the detail design plans at this time. The plans that are being presented to the Council have been prepared in accordance with City standards and design criteria. Property owners are being informed that if they wish to have additional driveway openings provided, they must submit a detailed concept layout that meets all City standards. Any requests that do not meet City zoning requirements must receive the appropriate variances and/or other Council approvals before incorporation into the plans. The installation of curb and gutter won't begin until mid-to-late September so there is adequate time for the property owners to process their requests for further Council consideration Cl Agenda Information Memo July 2, 1996 D. PROJECT 704, LEXINGTON & WESCOTT RD SIGNALIZATION ACTION FOR COUNCIL CONSIDERATION: To receive the feasibility report for Project 704 (Wescott Road & Lexington Avenue - Signalization) and authorize a public hearing to be held on August 6, 1996. FACTS: As a part of the 1996 - 2000 5 -Year CIP, the signalization of the Lexington Avenue & Wescott Road intersection has been scheduled for 1996. On February 9, 1996, the City Council authorized the preparation of a feasibility report to identify the financing and construction issues associated with this proposed public improvement. This feasibility report has now been completed and is being presented to the City Council for their consideration of scheduling a public hearing to formally present and discuss the merits of this project. An informational neighborhood meeting was held on Monday, June 24. Minutes from that meeting are included for the Council's information and reference. ISSUES: In order to signalize this intersection to safely meet today's traffic and future projections, a center dedicated left -turn lane must be constructed requiring the widening of Wescott Road. The preliminary design has proposed this widening to both the north and south rights-of-way on Wescott Road to minimize the impact to any single property. An alternative would be to widen Wescott only along the north side which will have major impact on the heavily wooded undeveloped lot (1055 Wescott Road, Parcel 030-53). If this project is to be constructed yet this year, the detail plans and specs need to be presented at the same time as the scheduled public hearing which will require an alignment decision at this time. (Schedule A). If an alignment alternative is not selected until after a public hearing (for information purposes only - no assessments), construction will have to be deferred until 1997 (Schedule B). ATTACHMENTS: • Feasibility report, distributed under separate cover. • Informational neighborhood meeting minutes, pages and • Project Schedule Alternatives, pages, and NEIGHBORHOOD INFORMATIONAL MEETING Wescott Road and Lexington Avenue Roadway Improvements and Intersection Signalization City Project No. 704 SEH No. A-EAGAN9606.00 Monday, June 24, 1996 6:30 p.m. City of Eagan Council Chambers The meeting began with Assistant City Engineer, Mike Foertsch, providing general project background. Tom Sohrweide, SEH, then provided a brief review of the traffic study and the draft Feasibility Report for the intersection improvements. The following questions/concerns were raised by the attendees. The associated response to that question/concern was either provided at the meeting or is being provided in these minutes after further research. 1. 1067 Briar Creek Road He has previously paid an assessment for a storm sewer on Briar Creek Road. Drainage from Wescott Road comes down the hill in his backyard to the storm sewer on Briar Creek Road. He feels that widening Wescott Road will further increase the drainage through his property. 2. Wescott Road does not need a left turn lane. The left turn lane would make traveling Wescott Road too convenient and, therefore, would encourage traffic on Wescott Road which should not be encouraged due to the existence of two elementary schools. 3. Widening Wescott Road would place the roadway too close to his bedroom. 4. The installation of a traffic signal would also attract traffic to Wescott Road. 2. The speed on Wescott Road is too fast. A wider street will be harder to cross as a pedestrian. Response: Speed limits are controlled by Mn/DOT and are generally set based on the 85th Percentile Speed. That is the speed at which 85% of the traffic is traveling slower than and 15% of the traffic is traveling faster than. /4 Neighborhood Information Meeting Minutes June 24, 1996 Page 2 3. 3805 Gibraltar Trail a. There is no need for a left turn lane on Wescott Road because of there being little demand for the left turn and Wescott Road being developed east of this area, thereby not generating any additional traffic. The traffic signal could operate such that eastbound Wescott Road would receive a green light and left turn arrow, then both directions of Wescott Road would have a green light followed by westbound Wescott Road having a green light and left turn arrow. b. If the project is constructed, because of kids and dogs they cannot afford to have their fence out of commission for an extended length of time. c. Their landscaping is very important to them and request that any disruption or changes to their landscaping be accommodated by having Bachman's relocate and redo their landscaping. d. The people who consistently drive this intersection do not see a need for a left tum lane and they feel this needs to be justified. Response: The need for the left turn lane is being required by Dakota County if the intersection is to be signalized. Left turn lanes are desirable so that opposing left turn traffic is directly opposite each other, to create better sight distance for each driver of oncoming traffic. Also, left turn lanes remove the left turning traffic from the through lane, thereby minimizing potential for rear -end accidents and sideswipe accidents. The accident potential without a left turn lane is further impacted by the 45 mph speed limit. The existing westbound to southbound left turn on Wescott Road is rather insignificant for the most part of the day, but is significant between the hours of 3:00 p.m. and 6:00 p.m. With the peak being 140 left turns between 4:00 p.m. and 5:00 p.m. The traffic signal timing as described by the resident is not practical because a left turn trap would be created for the eastbound left turning vehicles. This means that with Wescott Road having a green light in each direction, when the eastbound light changes to yellow, the eastbound traffic waiting to tum left would assume that the westbound traffic is also receiving a yellow light. In fact, the westbound traffic would remain green in anticipation of the eastbound light turning red so that the westbound left turn arrow would come on with the green. This is the left turn trap which creates a situation where the eastbound left turner would begin to turn on the yellow light, assuming that the approaching westbound traffic would be stopping. Neighborhood Information Meeting Minutes June 24, 1996 Page 3 A somewhat similar signal phasing could be used, known as split phasing. In this scenario, first the eastbound traffic would receive a green light and left turn arrow while all three remaining approaches to the intersection receive a red light. This then changes so that the westbound traffic receives a green light and left turn arrow while the remaining three approaches to the intersection receive a red light. This type of signal phasing is generally used as a temporary measure to prevent accidents until the geometry of the intersection can be improved to include a left turn lane. It is generally not an efficient operation of a traffic signal. If the project occurs over two construction seasons, it is anticipated that any fences would be replaced during the first construction season. This is assuming that the necessary easement and right-of-ways concerns can be dealt with in a timely fashion to allow this to occur. A typical construction contract does not specifically name a particular landscaping contractor. This is up to the negotiation on the part of the contractor with the landscaper he desires to work with. 4. What prompted the request for the addition of a left turn lane and the installation of the traffic signal? Response: Based on previous traffic counts taken by Dakota County, the County and City have recognized for several years the need to install a traffic at this intersection. S. Leave the existing four-way stop in place. 6. Moving the roadway closer to houses will increase vibration to the house and there is a concern of damage to the house. There will also be increased noise. 7. Why did the City allow three homes to be built on the north side of Wescott Road, east of Lexington Avenue, when this intersection roadway work has not been taken care of? S. The widening of the road and the installation of the traffic signal will make it more difficult to turn left into the driveways on the north side of Wescott Road immediately east of Lexington Avenue. 9. A wider road will create smaller lots which will lower property values. lC� Neighborhood Information Meeting Minutes June 24, 1996 Page 4 10. A wider road and the installation of a traffic signal will make it more difficult for Westbury Drive traffic to turn left onto Wescott Road. Response: When the traffic signal turns green for Lexington Avenue, gaps in westbound traffic should be created to assist in the Westbury Drive left turn. 11. The sight distance for vehicles existing Westbury Drive looking to the west is of concern. Response: The sight distance appears to meet minimum requirements for the existing 45 mph speed limit. The vehicle attempting to turn left is now required to stop in the crosswalk area to be able to see approaching eastbound traffic due to the existing sight restriction created by a large electrical box. The proposed design would still require that a vehicle stop in the crosswalk area to have the adequate sight distance. 12. Has any noise abatement been included in the project? Response: No. 13. 1071 Briar Creek Road a. The basement of this house collapsed during the super storm. To remedy the situation, the resident has tiered the backyard such that the lowest tier is within 30 feet of their deck. The backyard is small now and would become smaller if the road is widened to the south. b. Because of the nearness of the house to the roadway, noise is now a concern and would be of more concern with a closer roadway. 14. Noise is a concern, specifically of semi -truck traffic. Do semis need to travel on Wescott Road? Response: This is an issue the City may want to review or analyze. 15. Options appear to be as follows: a. Widen the street to create a left turn lane and install a traffic signal. b. Install a traffic signal with no widening. c. Do nothing. Response: The County has reaffirmed their position that an opposing left turn lane needs to be created before a traffic signal can be installed at this intersection. Cost is not an issue. A potential option would be to change Wescott Road from a four lane road to a three lane road, with a two-way left turn lane in the center and a 6 foot marked shoulder. This would have to be reviewed if it would be appropriate for the entire length of Wescott Road since a transition from a four lane to a three lane roadway could be difficult. This would provide for opposing Neighborhood Information Meeting Minutes June 24, 1996 Page 5 left turn lanes at the intersection and would require approximately 8 feet of widening on the approach to the intersection to create a right turn lane. Another means to create opposing left turn lanes may be to widen as necessary to center the left turn lanes and allow the curb lane approaching the intersection to become a right turn only lane. If an opposing left turn lane is not created, the County will not approve installing a traffic signal at this intersection and the existing four-way stop would remain. Therefore, Option B is not an option. /Y INFORMATIONAL MEETING PROJECT 704 - WESCOTT RD/LEXINGTON AVE SIGNAL MONDAY, JUNE 24, 1996 NAME ADDRESS 1. �-., LZ 2. O; �.e cy-ee , F -co) - 3. i'cc 111,1Vez'.- 5. Ia43 Eric.,- CIeer. 0o - 7 S. ra'� a /_ jll 70 /&e jc 16. el0e 4 19. 20. t b5 s t6escc (fir; Gtt� d . t,.4scdZ� �s13 •. e i. 3 00 t r qv.r /S wmw" ROAD 75.0.3' 79.2e, �u na. . ... ...... 30 2 U 500 75.00 75.00 79-40' '84 78 as, 2 3 •Cy! 101 N, -2 2 p 3 44 D :;37a :!q C" R546; 9 2 .0 SAVANNAH ROAD .0 2 fL 111 15 2 137.94. --Z. : 75.00 77 ST 11 1 3. 7. =36. 7-- —,J=w 1 .0 5 7 lon lb,, 3 io , Id, — 4- C -7 .2 '36.0& 130. 7 38.04, 4 in .04' 75.00' 167D& C-7 I 'o 0 10 .3 a 12IL7 21 1500, Mao 4Cr 0 3 7 2 50.0, 1 7. 1j, 127.74- 77.39, 75.00, 75.00' -2 ?2 12 �5 '4"6 7* "o WIN 2 • 40.00, X. 54 OC' 69.64• .0 .00, 75.00' 75.00, 75.= 75.301 75.00'•• PROPERTY OWNERS ATTENDING INFORMATIONAL MEETING A WESCOTT RD. / 93.62' • - �^ :. �;:: .. 1 IIR H l ' Um S q V I -wIIID *DD.N at LA 2 g 144.94' / / � •• • ' n7a � ���6.e7" .a0,—�„ !11.9 0+ � ml 4a » tal /-• TS d WESTBURY DR. 204.99' it r / P / iol17" IF WAWA a N i a C m pmp� O g ••44.99' r WESTBURY PATH IIR H l ' Um S q V I sl at LA 2 g 144.94' 144 � ml 4a » tal araor ♦ r WESTBURY PATH IIR a, \ 7447• 69.00' 6500' 85.00' 65.00' 90.00' V ei sl at LA 2 o N 0W a tµ I o ,o, �• � � •�,' t � $ = � a � _,NES q, aa e La N tµ.99' f 150.W 3 a 3 4 , =a. �p ,a - of SI I8 17920' 8 S dy 195 ' 4499' Z • 4 �9 6q/ ' � » o a o � 144 o � t< Co.14 J J. sI i 3Q N &,i i $ 141.99 • I I if 1.4a C L�F a ii'r� If '`� v, \471• �� ey �jt(, baa foa, N y,yam /r ioQ OI i I t f ♦ ! , ` 4/ Pb 6g ' 0 C — Qa• kNC( °Q' � � aT� � .,1�� ; <�• �s o0•„ •44 'i � 0.00' i 86.00' 7932' PROPERTY OWNERS ATTENDING INFORMATIONAL MEETING h� 1 - N CULTIVATED ,s,�, ec ' n 21 o c 20 3 h (r. PROPERTY OWNERS ATTENDING INFORMATIONAL MEETING ,p 1p j � . 70 • � y Sraar • � N 21 23 y a L D s a J ! K ?4 C0• 63 �7 G•( . '0 14• n QO x mooR�1�G 141 l i i• W s a` + 25 29 7 ] i r t 61. 6• 4' [ 244' '�!. 27 v •a • , . , 4 1 i 7• 7773'R tp P a R i imIr I ' i a — 9 a4' 64. a '^ 24235, A. MOO,11 an 1 0 215.14' 14j P N oJM1°16p� p 30 = uo ,o r c a 114b+`84LO 001. o ft 17 M 15681' _ t� 1s 74 $ DENMARK CT. MLrnA11M .¢ 2 O 11 1?� ,•rte >4 +i 13 sso0' 10 �e*J. 1i5sa' �`► N aa+' •i 76. 0 To W\ V 4 14 u 7 F N 2�� b� n pEN�'PRK .o13s. z 1 yy iq 23 S4 s ir. w 1 41 h� 1 - N CULTIVATED ,s,�, ec ' n 21 o c 20 3 h (r. PROPERTY OWNERS ATTENDING INFORMATIONAL MEETING V $ FALCON WAY Lj 100.= 16=1 60.00• PI u 2 Z11 0 10 �� R 9 WE X a J s N v t12, M � �t Z N w 2 3 LIE 9 a Lu 7 t 3 L 2 r WE PROPERTY OWNERS ATTENDING INFORMATIONAL MEETING 9 SCHEDUL ■ "A" Wescott Road/Lexington Avenue Widening/Overiay City Project No. 704 SEH No. A-EAGAN9606.00 6/17 Submit SJR to State -Aid 6/20 Draft Feasibility Report - Submitted to City 6/24 Public Meeting (No Public Hearing - No Assessment) 7/2 Present Feasibility Report/SJR Council Orders Plans Schedule Public Hearing 7/8-8/2 Final Road Design by SEH/Signal Design by County 7/29-8/16 Easement Descriptions 8/6 * Council Approves Plans Set Bid Date Public Hearing 8/5-10/4 City - Right -of -Way Acquisition 8/5-8/30 State -Aid Review 8/8,9,15,16 Advertise for Bids - Dakota County Tribune and Construction Bulletin 8/29 Receive Bids 9/3 * Construction Contract Awarded 9/23 * Begin Construction 12/20 * Substantial Completion - Widening Complete (except overlay)/Signal Operational 8/1/97 * Final Completion * Subject to Approval by Williams Pipeline. D 6/26/96 SCHEDULE "Elly Wescott Road/Lexington Avenue Widening/Overlay City Project No. 704 SEH No. A-EAGAN9606.00 6/17 Submit SJR to State -Aid 6/20 Draft Feasibility Report - Submitted to City 6/24 Public Meeting (No Public Hearing - No Assessment) 7/2 Present Feasibility Report/SJR Schedule Public Hearing 8/6 ** Council Orders Plans Public Hearing 8/12-9/27 Final Road Design by SEH/Signal Design by County 9/30-11/1 Easement Descriptions 9/30-11/1 State -Aid Review 10/1 Council Approves Plans Set Bid Date 10/14/96 -1/31/97 City - Right -of -Way Acquisition 1/16,17,23,24 Advertise for Bids - Dakota County Tribune and Construction Bulletin 2/7 * Receive Bids 2/18 ** Construction Contract Awarded 3/10 Contractor Orders Signal Equipment 4/28 ** Begin Construction 8/29/97 ** Final Completion * Letting after 9/30/96 requires metric plans. ** Subject to Approval by Williams Pipeline. / 6/26/96 Agenda Information Memo July 2, 1996 E. CONTRACT 95-03 RED PINE LANE CHANGE ORDER ACTION FOR COUNCIL CONSIDERATION: To approve Change Order #2 to Contract 95-03 (Red Pine Lane - Signal Modifications) and authorize the Mayor and City Clerk to execute all related documents. FACTS: Part 1 of this Change Order provides for the installation of 3 additional vehicle signal detector loops as requested by MnDOT to provide better and safer coordination between the TH 3 highway signal and the railroad crossing signal systems. All costs associated with this Change Order will be the responsibility of MnDOT. (Add $3,184.50) Part 2 of this Change Order extends the completion date from June 15 to July 12, 1996, to allow adequate time to install the additional signal detector loops and pave the final wear course. There are no additional costs associated with this completion date extension. Agenda Information Memo July 2, 1996 aw -W oil I W11 WA 1 0► ACTIONS TO BE CONSIDERED: ► To approve a resolution denying a request by Honey Tree Ltd. for a Preliminary Subdivision (Honey Tree First Addition) and Preliminary Planned Development for two hotels and a restaurant on property previously platted as Lots 1, 2 and 3, Mari Acres Second Addition. FACTS: The City Council reviewed Honey Tree's request for a preliminary subdivision and preliminary planned development at its regular meeting on June 18, 1996. ► The City Council recommended denial of the requested preliminary subdivision and preliminary planned development due to concerns about building heights, intensity of the development proposed, and deviations from the typical City Code requirements. The City Council directed legal staff to prepare findings. ATTACHMENTS: Findings of Fact, Conclusions, and Resolution, pages � through. a3 BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Honey Tree, Ltd. for a Preliminary Planned Development and a Preliminary Subdivision for Honey Tree First Addition FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION On May 28, 1996, following publication of notice to the public, the Advisory Planning Commission of the City of Eagan conducted a public hearing to consider the application of Honey Tree, Ltd. for a change in zoning to preliminary planned development and a request for a preliminary subdivision for Honey Tree First Addition. The applicant's representative appeared at the May 28, 1996 public hearing and spoke in favor of the request. During the public hearing, the Advisory Planning Commission received and considered staff and citizen input, planning reports and other background information. Following the public hearing, the Advisory Planning Commission voted to recommend the petitioner's requests. The matter then came before the Eagan City Council at its June 18, 1996 meeting. The Council received, considered and discussed the May 28, 1996 Advisory Planning Commission recommendation, input from staff, residents and planning reports, together with all existing files, records and prior proceedings and the input of the applicant's representative and citizens at the June 18, 1996 Council meeting. Based upon all the files, records, prior proceedings and input which was presented at the meetings, the Council makes the following Findings of Fact, Conclusions and Resolution: a I/ FINDINGS OF FACT 1. This matter is properly before the Eagan City Council. 2. The proposed preliminary subdivision consists of three reconfigured lots on a 4.83 acre site previously platted as Lots 1, 2 and 3, Block 2, Mari Acres Second Addition. 3. The proposal is for two hotels and a restaurant. 4. The property is currently zoned CSC (Community Shopping Center) in which hotels are a conditional use. 5. The proposed preliminary planned development as compared to CSC zoning standards includes deviations for: (a) Building height from 35 feet to 71 feet on one building and 68 feet on the second building; (b) The Comfort Suites hotel building is 16 feet short of the required setback from the public right-of-way on the north and west sides; (c) Green space - The two hotels are each 20 feet short of the required green space abutting the public street and between five and ten feet short on the east side of the buildings. (d) Signage - The development proposal deviates from the sign requirements in that pylon signs are proposed where the property is not directly adjacent to a freeway, both monument and pylon signs are proposed on the freeway side of the property, and building signage is proposed on elevations not having street frontage. In addition, City Code allows only one monument sign per building and there are four monument signs proposed for three buildings. R -O (e) Parking - All parking is shared throughout the development and will require cross parking easements. The southern part of the site is over -parked, providing more than the minimum requirements. However, the north part of the site is short parking stalls such that the entire proposed site development is 28 stalls short on parking. 6. Neighborhood residents raised legitimate objections to the extended height of the hotel buildings and the impact on the neighborhood. 7. Neighborhood residents have indicated that the construction of this development will have a negative impact on their residential property values. S. No evidence was presented that the existing plat is not viable or that it would not support reasonable use. CONCLUSIONS The matter is properly before the Eagan City Council. 2. The applicant has the burden of persuasion to establish compliance with all City Code provisions and requirements and the burden of persuasion to convince the Council to amend the zoning. 3. The departures from City Code requirements for height, combined with the topographic change in elevation between the development site and residential properties to the east, would be too imposing on the residential neighborhood to the east and are not justified. 4. The setback, parking, sign and green space deviations are a result of too much development on too little a piece of property and, as such, indicate the over- saturation of the property by the proposal. 5. The effects of the development will not be harmonious with the adjacent residential neighborhoods. As a result, applicant's proposal will tend to lower the property values and change the existing character of the adjacent residential neighborhoods. 6. By the greater weight of the record and information presented, it is hereby determined by the City Council of the City of Eagan that approval of the preliminary planned development and the preliminary subdivision is not warranted. RESOLUTION The City Council of the City of Eagan does hereby resolve that the applicant's request for a preliminary planned development and a preliminary subdivision to allow two hotels and a restaurant is hereby denied. Dated at Eagan, Minnesota this I day of , 1996. CITY OF EAGAN By: Thomas A. Egan Its: Mayor By: E.J. VanOverbeke Its: City Clerk Agenda Information Memo July 2, 1996 G. RESOLUTION AMENDING THE EAGAN COMPREHENSIVE GUIDE PLAN FOR THE MCKEE ADDITION ACTION TO BE CONSIDERED: ► To approve a resolution amending the Eagan Comprehensive Guide Plan for the McKee Addition. FACTS: ► The City Council recommended approval of a Comprehensive Guide Plan Amendment redesignating approximately 40 acres consisting of the McKee Additions from IND, Industrial to D -I, Single Family Residential on May 7, 1996 subject to Metropolitan Council review. ► The Metropolitan Council has completed its review and has determined that this amendment has no potential impact upon the metropolitan systems plan. Therefore, the amendment may be placed in effect. ► Adoption of the attached resolution is in order at this time. ATTACHMENTS: Resolution, Page throughJL. Letter from Metropolitan Council, Paga . RESOLUTION NO. 96- A RESOLUTION AMENDING THE EAGAN COMPREHENSIVE GUIDE PLAN FOR THE MCKEE ADDITION WHEREAS, the City Council of the City of Eagan is the official governing body of the City of Eagan; and WHEREAS, the City Council of the City of Eagan adopted the Comprehensive Guide Plan on April 19, 1983, pursuant to the requirements of Minnesota Statutes, Section 473.864; and WHEREAS, the City determined that an Amendment to the Comprehensive Guide Plan for McKee Addition, McKee Second Addition and McKee Third Addition to redesignate the these subdivisions to D -I, Single Family Residential from IND, Industrial to reflect the existing land use was in order; and WHEREAS, a public hearing was held by the Advisory Planning Commission of the City of Eagan on April 23, 1996 at which time the Advisory Planning Commission recommended approval of the Amendment to the Comprehensive Guide Plan; and WHEREAS, on May 7, 1996 the City Council of the City of Eagan approved the Amendment to the Comprehensive Guide Plan redesignating approximately 40 acres from IND, Industrial to D- I, Single Family Residential subject to the approval of the Metropolitan Council; and WHEREAS, the Metropolitan Council has determined that the Amendment to the Comprehensive Guide Plan redesignation to D -I of the land shown on Exhibit "A" attached hereto has no potential impact upon any of the metropolitan system plans and therefore the City may place the Amendment into effect immediately; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA hereby adopts an Amendment to the Comprehensive Guide Plan redesignating approximately 40 of land as shown on Exhibit "A" attached hereto to D -I, Single Family Residential. THIS RESOLUTION passed this day of by the City Council of the City of Eagan, Minnesota. ATTEST: E.J. VanOverbeke, City Clerk 30 BY: , 1996 Thomas A. Egan, Mayor !,w,, r/ c- imm RDAO �d t. EXH I BIT A LOCATION MAP 31 Metropolitan Council Working for the Region, Planning for the Future June 26. 1996 Ms. Lisa Freese City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: City of Eagan Comprehensive Plan Amendment—McKee Addition Metropolitan Council District 15 Metropolitan Council Referral File No. 16290 Dear Ms. Freese: The Metropolitan Council staff has reviewed the Comprehensive Plan amendment received by the Council on June 14, 1996. The amendment proposes to change the land use designation for approximately 40 acres of land consisting of the McKee Addition from IND, Industrial, to D-1, Single Family, for 108 existing single family homes. We have determined that the proposed amendment has no potential impact upon any of the metropolitan system plans. Therefore, the city may place the amendment into effect immediately. Because the proposed amendment appears unlikely to affect policies and plans in other chapters of the Metropolitan Development Guide, the Council will waive further review and comment on this amendment. The amendment, explanatory materials supplied and the information submission form will be appended to the city's plan in the Council's files. This concludes the Councils review. Sincerely, Thomas C. McElveen, Deputy Director Housing, Development & Implementation c: Kevin Howe, Metropolitan Council District 15 Lynda Voge, Referrals Coordinator Alex -Edmund DaHinten, Office of Local Assistance Ruth Ann Sobnosky, Minnesota Depatment of Transportation 730 East Fifth Street St. Paul. Minnesota 55101-1634 (612) 291-6359 Fax 291-6550 TDD/TTY 291-0904 Metro Info Line 229-3780 An Equal Opporrunity Employer Agenda Information Memo July 2, 1996 H. LARIFICATION OF ARCHITECTURAL GUIDELINES FOR EAGAN PROMENADE ACTION TO BE CONSIDERED: ► To approve / deny a clarification of the Architectural Guideline for Eagan Promenade regarding Awnings. FACTS: ► Several Final Planned Development applications have been submitted for the Eagan Promenade outparcels. As staff have been reviewing these plans for consistency, it has become apparent that several users desire awnings. The design guidelines did not address awnings and staff has asked Opus Corporation to provide clarification to the Architectural Guidelines regarding awnings.. Opus has submitted a clarification that permits awning treatments, but limits them to Sunbrella or canvas material, limits awnings to a single color per building or store front, and limits lighting to down -cast lighting. Colors are not proposed to be restricted, but Opus would review and approve the colors prior to submission of plans to the City. The APC reviewed these guidelines at the June 25 regular meeting a recommended approval with the condition that the color palette for the awnings be specified and limited to 8 colors. The APC was concerned that the awning color section should be limited and care should be taken to avoid conflicting color schemes among the various tenants and buildings. Opus has indicated that they desire not to have this restriction, but has added language to the guidelines to further address color scheme objectives. ► Staff is suggesting that this item be pulled from the consent agenda and the color limitation issue be addressed at the same time as the Planned Development Amendment for Stuart Anderson's Cattle Company. ATTACHMENTS: APC memo, Page A_ jgft%"�%� P4� 3S Letter from Jay Scott, Opus Corporation dated 6/27/96, Pages through,. st a _ city of eagan TO: Chair Mark Miller Advisory Planning Commission Members FROM: Lisa Freese, Senior Planner DATE: June 20, 1996 SUBJECT: Clarification of Architectural Guidelines Eagan Promenade MEMO Several Final Planned Development applications have been submitted for the Eagan Promenade outparcels. As staff have been reviewing these plans for consistency, it has become apparent that several users desire awnings. The design guidelines did not address awnings and staff has asked Opus Corporation to provide clarification to the Architectural Guidelines regarding awnings. They have submitted a clarification that permits awning treatments, but limits them to Sunbrella or canvas material, limits awnings to a single color per building or store front, and limits lighting to down -cast lighting. Colors are not proposed to be restricted, but Opus would need to review and approve the colors prior to submission of plans to the City. Staff would like the APC to review and make recommendation regarding this proposed clarification. Specifically staff would appreciate direction on whether the material, lighting and color restrictions are adequate. In addition, staff would like feedback as to whether awnings without signage should be counted as signage or considered architectural elements for the purpose of final plan review for Eagan Promenade? If the APC recommends the approval of this clarification, the it will be forwarded to the City Council for their action. RECOMMENDED ACTION: To recommend approval/denial of the clarification for awnings in the Architectural Guidelines for Eagan Promenade. 3el Page 8 June 25, 1996 ADVISORY PLANNING CONMISSION OTHER BUSNESS Vice Chair Heyl opened the next item regarding a clarification of architectural guidelines for Eagan Promenade. Planner Freese introduced this item. Planner Freese presented the information highlighted in her Memorandum dated June 20, 1996. Planner Freese was concerned regarding the awnings as to whether they are considered signs and also the colors associated with the awnings. Member Segal moved, Member Schindle seconded, a motion to recommend that all awnings shall be made of Sumbrella or canvas material. Lighting of the awning shall be limited to down -cast lighting only. All awnings shall be of only one solid color (i.e. no striping, lettering, symbols or logos) so that the awnings shall not have the appearance of being back -lit or illuminated. Awning colors shall be chosen by Opus and the color pallet available shall not exceed eight colors. All approved in favor. 3-T FROM :OPUS JuneOPUS. Ms. Lisa ]✓reese. Senior Planner City of Eagan 3830 Pilot Knob Road Bagan, MN 55122-1897 Dcar Lisa: 612-936-4529 TO URI ronnweat, L.L.U. 700 OP.* CCntoi 9900 Bran Road East 49JIM411 lka. NIINMAIIIN Y040 9hr10 612 936 46DO 681 4694 1996,06-27 04:62PM #865 P,o2/03 Moiling Address FO Box 59110 Mi ulcapn6A Minnnanta 55459 0110 Fax 612935 4529 As we discussed, this letter shnl) serve as our request to amend the existing architectural guidelines for the Eagan Promenade dcvelopmcnt as it relates to the use of awnings at the project. The guidelines below incorporate the, minor changes you requested with the exception of allowable colors. Arel>titeetural Design Guidelines Eagan Promenade Amended to include the following: hLAJ0lI.1N-1,INE RETA114 ANif) C_ MMt)N1'!'1' ItI 7'AII. C.-LiNTER Awn,r Awnings will be allowed for the retail centers as well as for fres-standing businesses provided the awnings meet the following guidelines: All awnings will be made of either a Sunbrella or canvas material. No vinyl awnings will l)c allowed. Lighting of the awnings shall be limited to down -cast lighting only so that the awnings shall not hnve the appcal-ance of being hack -lit Or illuminated. All awnings shall be only of one solid color (i.e. no Striping, logo%, %yrnbc►is or lettering). Colors selected for the awnir►gs shall he approved by the propos), Owner hrioi, to submittal to the City for review. In determining appropriate color selection, Opus shall consider the aver -all architectural integrity of the development, the specific color sclhcmc and rnalerial-tyre of the particular facility in question, and the importance of the color to the user's over-all trade dress and identity. Colors that detract from the curl) appeal of the over-all dcvcic►pment will he avoided. Lisa, a51 mentioned to you, we cannot simply identify a handful of colors that are appropriate for the awnings at this pro.im at this time. We have not fully identified all the potential users for the outparcels yet. Nor have we even finished the design for the small specialty center, which will likely have some trwnings to give the buildings a warm character feeling and appe.arance- Opus Northwest, I I C. Is an affl!rntn of thr D;xls prw,r of wripaths—•-A-014cts. Cun;rdaurs. DLWIuPCIS Chi:ago. Columbus. Dallas. Donvcr, rt I AtF.lerrtxrr, Mown hers:, Mnrnralatibv, (A -4111h, Prm•u:ula Flluen x. &AWI ;-uta, sdn foo Iv n, Suatrlp, Ixmrm, V eshin3+pn D C 36 FROM :OPUS ON 4v OPUS. Ms. Lisa 1=raesc June 27, 1996 Page two 612-936-4529 TO 681 4694 1996,06-27 04:S2Pm #866 P.03/0: Opus has much at Stake in developing this project and the architectural integrity of tlrc design is extremely important to us. We will be involved in the color selection process or all awnings to protect this valuable property the way we do at all of our projects. l lowever, we do not wirta to place unnecessary color restrictions on these avvnmgs without knowing who our users will be or what the design of our specialty center will be. Otherwise, we place oursclves in the unwanlcd position of having to seek variances or amendmunts to any color change which is not an efficient use of anyone's time or encl-gy. hest assured, we will work with City staff on the appropriate colors of all awning, prior to approving any awning color. sincerely, Jay M Scott Uircctur Real Estate De%'elopment 1MS.bab 3% EAGAN CITY COUNCIL MEETING JULY 2, 1996 CONSENT AGENDA 1. ADOPT WATER QUALITY MANAGEMENT PLAN UPDATE Adopt the changes to the Water Quality Management Plan as part of the five year review. • The Council adopted the original Water Quality Management Plan in April, 1990. • A provision of the Water Quality Management Plan was to review the plan document after five years. • The Natural Resources Sub -committee, Advisory Parks, Recreation and Natural Resources Commission and members of the original task force which assembled the Water Quality Management Plan reviewed the document for possible revisions. • The Advisory Parks, Recreation and Natural Resources Commission and City Council reviewed program comments at a workshop on November 28, 1995. • The Advisory Parks, Recreation and Natural Resources Commission has recommended adoption of the changes which were presented at the Council workshop of June 25, 1996. None Memo of June 19, 1996, Adoption of Recommendations 0",P# 3?— Y V. c7\7-2-cc-a.gen TO: MAYOR AND CITY COUNCIL C/O THOMAS HEDGES, ADMINISTRATOR FROM: KEN VRAA, DIRECTOR DEPARTMENT OF PARKS AND RECREATION RICH 13RASM WATER RESOURCES COORDINATOR DEPARTMENT OF PARKS AND RECREATION RE: RESULTS OF WATER QUAL17 Y MANAGEMENT PROGRAM REVIEW, ADOPTION OF RECOMMENDATIONS DATE: JUNE 19, 1996 Bicliground Upon adoption of the Fagan Water Quality Management Plan in April 1990, the City Council included a provision to carry out a review of the program after the first five years of implementation. To fulfill that requirement, the Advisory Parks, Recreation, and Natural Resources Commission through its Natural Resources Subcommittee began a review of the program in July 1995. The results of the program review were presented to the City Council for comment at a joint meeting of the City Council and the APRNRC on November 28, 1995. That presentation included an overview of the revenues and expenditures for that portion of the program funded through the storm water utility fund, a summary of data on water quality for key high priority lakes identified in the plan, and a summary of recommendations for changes in program policies and priorities in several different areas. The only major directive issued by the City Council at that meeting was that a draft lawn chemical control ordinance be indefinitely post-poned for consideration for adoption and that the APRNRC should proceed with drafting of a wetland buffer ordinance. Recommendations Recommendations for changes in the water quality management program as a result of the programmatic review are summarized below: Recommendation 1: The following water bodies should be re-classified: • Carlson Lake from Class II indirect contact recreation to Class I direct contact recreation Pond EP -2 from Class V nutrient trap to Class Il indirect contact recreation pending transfer of title to the City for the adjacent Borchert Ingersoll property Pond JP47 from Class TV wildlife habitat to a Class VII storm water basin • Pond JP -15 from Class II indirect contact recreation to Class VI sediment basin 0 Pond CP -9 from Class V nutrient trap to Class II indirect contact recreation • Pond JP -23 from Class V nutrient trap to Class IV wildlife habitat, pending establishment of un - maintained natural vegetative buffers by all residents as directed by the APRNRC. Recommendation 2: A criterion for "Rehabilitation Potential" should be included in the ranking system to establish long -tern lake enhancement priorities and the revised list of priorities shown in Attachment 3 9 I adopted. Recommendation 3: The need for an ordinance to address regulation of lawn chemical use should be reviewed periodically. A wetland buffer ordinance should be drafted for consideration by the City Council. Recommends tion 4: The attached list of policy statements (Attachment 2) should be adopted. Unless the City Council directs otherwise, this will conclude the review for the program and this item Will appear on the consent agenda for the July 2 City Council meeting. Please let us know if you need any additional information. ;r Ken Vr61,ir Parks and Recreation Dept. Rich Brasch, Water Resources Coordinator Parks and Recreation Dept. qO C j. E w !C Cc N O! C O r E CY 2 L t cc c 00 cc LU cn co V a a 0� in m O.t-0OW-NMQm00 V- V- qp- ,r- r r N N af-f�1t3�O!D!OOvm m1l�iliil�O t"»�NN 0o00o00o00o 9-N I" Irl qp.r f�CD ow OT c"Nto qr OV m cm Q� cc Q o iii mm m cc .=..J m Cc LL OBJ H -6r M8.5 �CiiSw l2 N a d. mm-7JQm co V .j 0 if I m '0 C J .JC C 0 go `°a° 0 a �'03 E �LU,c=cYvvs OCL- Co r 'Q `. UosaCcItCUw N o aaam aaaa,aaa"' LLJJCJ"�C�UJ�ap� L m.- Y � m J .ACL O O R=3 O m O fQ Z Ct U ® Wm s N o aaam aaaa,aaa"' LLJJCJ"�C�UJ�ap� L m.- :3 z U- K o - Ko ow IN its A _MNNNNNNNNNNNNNNN• 000000000a000000 r r r r r r r N N N N N N N N N M cv cv N N N N N N N N N N N N N C C ., ®.Q .Q yqw N t'�! A N r r ♦. r T- T M V aaaQ,�aaaaaaCL d. j.3ae ya Com] Attachment Z Rec=maendations for Naw Program policies A. 12mlis, 8andling of resident -initiated requests to re-classify water bodies. Pc� A11 requests for re-classification of water bodies identified in the Ragan water quality management plan should be submitted in the form of a petition to the City4s parks and recreation department director and/or water resources coordinator. water resources staff will prepare a report for the Advisory parks, Recreation, and Natural Resources Commission which will assess the technical merits of the petition and determine which, if any, recreational water body classification criteria are met. The Advisory parks, Recreation, and Natural Resources Commission will review the information and make a recommendation to the City Council regarding what change, if any, should be made to the classification for the subject water body. If the water body is re-classified to recreational status, the Commission will also determine where the water body fits with respect to the City's long-term lake enhancement priorities as per. the method outlined in Chapter 7 "prioritization System" in the W". This information will be used to determine the appropriate level of City resources that will be devoted to improving the condition of the water body. Nationale: There should be available a forum that residents can use to request re-evaluation of the management classification of a particular water body. The APMMC is the most appropriate advisory body to review those requests and make recommendations to the City Council. The evaluation of these requests must take into account both the management classification and placement in the list of long-term lake enhancement priorities to guide allocation of City resources in the management of these water bodies. 8. Usual Management of aquatic weeds, especially exotics. pow The City recognizes the benefits of native submergent and emergent aquatic plant communities and will manage recreational water bodies in a way which favors the establishment and perpetuation of a balanced, native rooted aquatic plant community. As resources allow, the City will also work to reduce the incidence of non-native aquatic weeds through the use of such methods .as cutting, mechanical removal, water level drawdown, aquatic herbicides, and public education. Nationale for Polio+ . The City recognizes that successful efforts to increase water clarity in recreational water bodies will increase the incidence of rooted aquatic macrophytes and/or aquatic emergent plants due to improved light penetration through the water column. Rooted aquatic macrophytes and emergents provide a wide range of ecological, recreational, and other benefits, including maintaining water clarity, providing habitat and food sources for fish and wildlife, and stabilizing shorelines and water body bottoms. Y113 Extensive growths of non-native macrophytes-particularly curly leaf pond weed -have severe adverse impacts on the ecology and water quality of lakes and ponds. These adverse impacts include internal loading of the lake/pond system with phosphorus during recreational season die -offs which can decrease water clarity below the goals established in the City's Water Quality Management plan. It is therefore important to reduce the incidence of these exotics as much as practicable. C. -W116i Neighborhood requests for assistance in improving water quality in ponds with no public access. 2011M The City should provide assistance to residents who request help from the City in protecting and improving the quality of specific lakes and ponds. The assistance provided by the City will emphasize education of water body residents in reducing source pollutant loadings to the water body and resource monitoring. It is generally recognized that since shoreline residents have the most to gain from improvement of the resource, they should take the lead in implementing these efforts. Ratienale: With over 380 lakes and ponds in the storm sewer system -all of which have been highly altered by urban development -City staff and financial resources must be targeted at the highest priority based on public benefit. At the same time, there are resources in the City to which the public does not have access that are also degraded. The City recognizes the importance of assisting residents in decreasing pollutant loading to these resources. In general, the City role should be one of support and guidance of resident -led, on -the -ground efforts. Costly capital improvements and in -lake management measures will not be undertaken with the City as a participant in cost-sharing unless the effort is part of a high priority, current City effort aimed at rehabilitating/protecting water bodies on the list of long-term enhancement priorities in the Eagan WQMP. 41Y Agenda Information Memo July 2, 1996 Eagan City Council Meeting J. RESOLUTION, CONTINUATION OF SAFETY SOBER GRANT ACTION TO BE CONSIDERED: To approve a resolution authorizing continuation of the Police Department's Safe and Sober Grant through September 30, 1997. FACTS: The Police Department is currently carrying out "Safe and Sober Communities" activities under a grant program sponsored by the Minnesota Department of Public Safety. The Police Department is preparing documents to extend the grant for another year and a resolution by the Council is in order to complete this grant. ATTACHMENTS: ■ Resolution on page LIL. y '50, RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT Be it resolved that The Ea an Police Department enter into a grant (Name of Your Organization agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled SAFE & SOBER COMMUNITIES during the period from October 1, 1996 through September 30, 1997. Patrick Geagan, Chief of the Ewan Police Department is hereby authorized to (Name and Title of Your Authorized Official) execute such agreements as are necessary to implement the project on behalf of The Eagan Police Department (Name of Your Organization) I certify that the above resolution was adopted by the City Council (Executive Body) of Eagan. Minnesota on Jay -2,1996 (Name of Your Organization) SIGNED: (Signature) Mayor (Title) July 2, 1996 (Date) WITNESSETH: (Signature) City Clerk (Title) July 2, 1996 (Date) Z16 Agenda Information Memo July 2, 1996 K. CONTRACT 96-18, S. HILLS ADDITION & WILDERNESS RUN RD - OVERLAY ACTION FOR COUNCIL CONSIDERATION: To approve the plans and specs for Contract 96-18 (S. Bills Addition & Wilderness Run Road - Overlay) and authorize an advertisement for a competitive bid opening to be held at 11:00 a.m., July 26, 1996. FACTS: Project 701, South Bills Addition, was approved at a public hearing held on June 4, 1996, as an overlay project. Project 706, Wilderness Run Road, was approved at a public hearing held on June 4, 1996. The projects are being combined into a single contract for bidding and construction in an attempt to achieve the economies of scale associated with larger contracts than if bid separately. Agenda Information Memo July 2, 1996 Eagan City Council Meeting L. MASSAGE THERAPY LICENSE FOR JAMES DEYOE TO PRACTICE AT LIFETIME FITNESS 1565 LIFF ROAD ACTION TO BE CONSIDERED: To approve a massage therapy license for James Deyoe to practice therapeutic massage at Lifetime Fitness at 1565 Cliff Road. FACTS: • An application has been received from Mr. Deyoe with appropriate background information. A police investigation has been completed and no reasons have been identified to deny the application at this time. ATTACHMENTS: a Application enclosed without page number 0 Police report enclosed without page number. go Agenda Information Memo July 2, 1996 Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve or deny a request for a 90 -day extension for recording the Preusse Addition Final Subdivision located north of Old Sibley Memorial Highway and south of Trunk Highway 13. FACTS: The Final Subdivision for Preusse Addition was approved on March 3, 1996. Due to delays in Quit Claim Title work and review by the County's surveyor, Mr. Preusse has been unable to record this subdivision. BACKGROUND/ATTACHMENTS: (1) Preusse Addition subdivision map, page �. Li 9 t9 !W CO, V Z) w ^C CL x0074, 1 !f[oc aLr v s a \ \ \ R. \ \ Lr� 1 !f[oc aLr v s a Agenda Information Item July 2, 1996 Eagan City Council Meeting N. EXTENSION OF PRELIMINARY SUBDIVISION - OAK POINTE OF EAGAN ACTION TO BE CONSIDERED: ► To approve or deny a request for a one year extension of the Preliminary Subdivision for Oak Pointe of Eagan (Outlot D - for second phase) FACTS: P. Oak Pointe of Eagan was approved at the September 5, 1995 City Council Meeting. ATTACHMENTS: (2) Letter from Jim Dimond, OCP Homes Inc. - page . Plat Map - page,_. S/ OCP OMES, 'NC. i June 19, 1996 Shannon Tyree, Project Planner City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122-1897 RE: Oakpointe of Eagan Preliminary Plat Extension Dear Shannon: -a; ". 2 0 As you know, we have completed the final plat process and are under construction for the first phase of Oakpointe of Eagan (Oakpointe of Eagan, First Addition). The first phase included 18 residential lots, 3 outlots (A, B & C) for common areas for the Home Owners Association and 1 outlot (D) to be developed as Phase II. Phase II will consist of the remaining 17 residential lots approved by the Preliminary Plat. We wish to request a one year extension of the Preliminary Plat to allow time to process the Final Plat for the remaining portion of Oakpointe of Eagan. We anticipate processing that portion as the Second Addition to Oakpointe of Eagan in time to construct improvements in the Spring of 1997. Thank you for your assistance. Let me know if you need any further information. James C. Dimond JD/jc Sap. 8609 Lyndale Avenue South #0111 B Bloomington. Minnesota 55420 (612 881-0127 Q m X W :=s .froffnnv r x•��7[�/���� ., _ ff S�� lit ���! f.V1.IVVt i-lp� dr�f J./V1V f, L , ■� _ a Qlw+fy t IL }1'�°4mi A 5V it r� I x �� I a• I Sig f �� tiff EAGAN CITY COUNCIL MEETING JULY 2, 1996 CONSENT AGENDA ACTION TO BE CONSIDERED: • To modify a condition allowing the City to modify the wetland replacement plan for this development based on changes in the Wetland Conservation Act made by the 1996 legislature in order to accommodate elimination of tree -related impacts associated with up to .8 acres of replacement wetland. FACTS At its May 15, 1995 meeting, the Eagan City Council approved the wetland replacement plan for the Eagandale Corporate Center preliminary subdivision, subject to several conditions. One of those conditions allowed the City to change the wetland replacement plan based on changes in the Wetland Conservation Act (WCA) that were expected as a result of action by the 1995 legislature. The changes allowed were limited to those necessary to preserve an area containing mature oaks that would have been removed as a result of construction of a mitigation wetland. The 1995 legislature failed to act on the changes before it. The 1996 legislature succeeded in enacting the anticipated changes in the WCA. The wording of the condition needs to be modified to allow the intended changes to the wetland replacement plan based on the 1996 amendments to the WCA. BACKGROUND Copy of minutes for the May 15, 1995 City Council meeting containing Condition 8c, which would be modified.d"r/ef AX -516 Sy EAGAN CITY COUNCIL MINUTES-. MAY 15, 1995 PAGE 17 15. Tree - protective measures Ilk . rCrequired (.e. 4' polyethylene laminate safety netting) to be Installed at the Drip Una or it"th's perimeter of the Critical Root Zone, whichever is greater, of the significant treestwoodia %"rm 16. The developer will be required.:to contact the City Forestry Division at least five days prior to the Issuance of a grading p�trtiit to ensure compliance with the approved Tree Preservation Plan. 17. An Individual lot Tree Preservation Plan vdU be required for Lot 4 of this development at time of grading/building permit application. 18. The subdivision shall be p1m . tad. Aye: 5 Nay: 0 Mayor Egan welcomed ;the Old 6&ntry Buffet to the community. PRELIMINARY SUBDlih*a CORPORATE CENTER After introductions by Mayor Egan and Administrator Hodges, Community Development Director Reichert gave a staff report. Some discussion followed concerning proposals for this property. Hunter moved, Masin seconded a motion to approve the preliminary subdivision for Eagandale Corporate Center Addition, in the south half of Section 11, subject to the following conditions: 1. Standard conditions of plat approval .Al.,..$.I,*:W.,'S,'3, B4. C1, C2, C3, C4, D1, El, F1, 01 and i":':*`� 1993. H1 as adopted by Council actlWo"ibru'vy 2. An ISP shall be obtained by.tbs--applicant;*WIth review and Input by the City, prior to City Council action on the final su rii 3. A variance to allow a 50' minimum depth for faticl coped yards located across the street from an OR", W, or *P" District shall be approved by the City Council. 4. Individual lot development plans shall be subject to an administrative site plan review and approval. 5. Detailed plans and specificadi6'iRffiPIZ ...4taining wall construction shall be submitted op ..... prior to City Council actloq:'0*'A'*.'t`he Frt*s*' t:UbdIvfif6n. S. The proposed vacationtextemion of AWn Drive Issue shall be resolved prior to City Council action on the Final 7. The signalzation of the Nil)Y"i 'r'o* n'd/G'61fW-W'*- Yankee Doodle Road Intersection shall be resolved prior to City Council action on the final subdivision. 8. The wetland replacement plan for the development shall be approved, subject to the following conditions: • a. Trees #756, 758, 761 *&f.-170 In thi'V*'iq"*'%:*1nventory for the site shall be preserved by ... Q . reorienting Ponds C2A 4" C28 to the noiW-.8-' nd east. . .... . ...... SS EAGAN CITY COUNCIL MINUTES; MAY 15. 1545 PAGE 18 b. The proposed .8 acre we* -M mitigation area due east of DNR Protected Water a 135 shall be relocated to avoid imp dtg to oak trees. c. The City will reserve the 0tt:#i .*6ftiti :wagend replacement plan based on changes In the Wetland Conservatign;act made by the 1995 legislature (which will be known In May 1995). Modification can a-Aade only to the extent necessary to accommodate elimination of tree -related impacts aiated with up to .8 acres of replacement wetland. d. No grading shalt be allowed within 30 feet of the delineated wetland edge of Wetland Basins A and E, except for up to a total of 450 lineal feet along the south and of Wetland Basin A (for road construction) and.north end of Wetland Basin E (for detention basin construction). The 30 foot wide area �i18;:be mare#�ed to support natural vegetation and shall be left unmowed. This area sha�:be cleartXTnarked on both the grading plan and In the field prior to any grading activity. e. At least .5 acres of repiapi ttetit Ira iI%d:slh0-be established as forested wetland through the planting of tree and with seasonally saturated soils. The number and types of trees planted shall be based on those shown on the tree Inventory which will be removed by filling of Wetland Basin G. f. The pond level bounce for Pond DP -11 (Wetland Basin A) should be 3 feet or less for a 10- year storm event and 2 feet or less for a Z-yeigtstorm event. g. The developer shall subrn4:fw..*WleW.A he water resources coordinator detailed plans regarding the grading for:tiiretfati'd'repiaca lent and ponding areas, Including areas of hydric soil placement and a vegetation,:planting "pian. The plan must be approved by staff before any grading plan appicatioii'for, tfii} +sfte:is;.ubmitted to the City. 9. The developer shall provide tree protection nieegitr s (i.e. 4 foot polyethylene laminate safety netting) to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever Is greater, of the significant treeslwoodlands to be preserved. 10. The developer shall contact the City Forestry Division at least five days prior to any site grading to ensure compliance with the apptgyed Tree Preservation Plan. 11. This subdivision Is subject.' t cash'*k-- Wf dedication. 12. Issues regarding addttional'A"cImen'4ree preservation and possible cash parkland dedication credit for a public conneed '. betweeW-Ae two DNR waterbodies and other potential public 'gave' areas shat be resoCvesi'' iDflfiCiI action on the final subdivision. 13. The developer shall plat the property. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION -:lit1►Lf!Y;ENTER INDUSTRIAL PARK NO. 12 After introductions by Mayor Ediiv'and AdmtnistratilirNedges, Community Development Director Reichert gave a staff report. Wachtar:..cnoved, Awada seq*pded a motion to approve the Preliminary sc=61 Agenda Information Memo July 2, 1996 PUBLIC HJA�'C A. PROJ 709, KENNEBEC DR. YANKEE DOODLE RD & TH 131BLACKHAWK RD ACTION FOR COUNCIL CONSIDERATION: To close the public hearing and approve/modify/deny Project 709 (Kennebec Drive, Yankee Doodle Road & TH 13/Blackhawk Rd. - Streets & Signal Improvements) and, if approved, authorize the preparation of detailed plans and specifications along with easement acquisition through condemnation, if necessary. FACTS: In response to a petition submitted by the Blue Cross/Blue Shield Corporation, the City Council authorized the preparation of a feasibility report for the installation of various public improvements necessary to serve the proposed expansion of the River Park Office Campus and scheduled a public hearing to be held on July 2. All notices have been published in the legal newspaper and sent to all potentially affected property owners informing them of this public hearing. As of this date, staff has not yet received any objections to this proposed project. An informational neighborhood meeting was held on June 27 with those property owners and/or businesses affected and/or interested in this project. Attached is a copy of the minutes from that meeting. ISSUES: If this project is approved, it will require the removal of the current landscaped island located within Yankee Doodle Road just west of the Terminal Drive intersection. This landscaped island received considerable discussion during the M.L. Gresser Waiver of Plat on May'3, 1994. Copies of the minutes from that meeting are included for background reference. In accordance with the maintenance agreement for this landscaped island, the property owner must remove the island at their expense within 30 days notice of the City. If this project is approved, it would be appropriate for the City Council to order its removal in accordance with the terms of the agreement. ATTACHMENTS: Feasibility report, pages , through Informational neighborhood meeting, F"-%" May May 3, 1994, Council minutes, pages / - t sI? ,I�9 SRF c1ty of czagan FEASIBILITY STUDY AND REPORT FOR KENNEBEC DRIVE AND TH 131 BLACKHAWK ROAD STREET AND UTILITY IMPROVEMENTS EAGAN, MINNESOTA CITY PROJECT NO. 709 FILE COPY APPROVED a Date _ LAGAN ENOLNEERiNG DE's' may.,..+► C 0 N S U L T I N G GROUP, INC. One Carlson Parkway, Suite 150, Minneapolis, MN 55447-4443 • (612) 475-0010 R WDB. r r 1 City of Eagan. Department of Public Works Date: �f REVIEWED BY: _� D I %-,&. L Cit f Eagan Finance Department Date: !► • %k— q tT FEASIBILITY STUDY AND REPORT FOR KENNEBEC DRIVE AND TH 131 BLACKHAWK ROAD STREET AND UTILITY IMPROVEMENTS EAGAN, MINNESOTA CITY PROJECT NO. 709 JUNE 1996 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Date: " 3 " 9� Reg. No. -2134V SRF No. 0962417.1 6007 MConsulting Group , Inc. Transportation ■ Civil ■ Structural ■ Environmental ■ Planning ■ Traffic ■ Landscape Architecture ■ Parking SRF No. 0962417.1 June 3, 1996 Honorable Mayor and City Council CITY OF EAGAN 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: KENNEBEC DRIVE AND TH 13/13LACKHAWK ROAD CITY OF EAGAN PROJECT NO. 694 Dear Mayor and Members of the Council: Enclosed please find the Feasibility Study Report for Street and Utility Improvements to serve the Riverpark Office Center Area. The project proposed herein is consistent with the City's Comprehensive Plans and is feasible from an engineering standpoint. We would be pleased to meet with the City Council, staff and other interested parties to review any aspect of this report. Respectfully submitted, SRF CONSULTING GROUP, INC. Matthew D. Hansen, P.E. Senior Engineer J mes R. Dvorak, P.E. enior Associate MDH/JRD/smf Enclosure V SRF Consulting Group, Inc. One Carlson Parkway North, Suite 150, Minneapolis, Minnesota 55447-4443 Telephone (612) 475-0010 ■ Fax (612) 475-2429 An Equal Opportunity Employer KENNEBEC DRIVE AND TH 131BLACKHAWK ROAD STREET AND UTILITY IMPROVEMENTS EAGAN, MINNESOTA CITY PROJECT NO. 709 TABLE OF CONTENTS LETTER OF TRANSMITTAL TABLE OF CONTENTS Pave No. I. INTRODUCTION............................................................................. 1 11. SUMMARY AND RECOMMENDATIONS ........................................ 2 III. PROJECT DESCRIPTION............................................................... 3 IV. RIGHT-OF-WAY AND EASEMENTS .............................................. 7 Table 1 — Right -of -Way and Easement Requirements ...................... 8 V. PERMITS......................................................................................... 10 VI. ESTIMATED COSTS....................................................................... 11 Table 2 — Estimated Costs.............................................................. 11 VII. AFFECTED PROPERTIES.............................................................. 12 VIII. ASSESSMENTS.............................................................................. 14 Table 3 — Proposed Assessment Summary ...................................... 15 Table 4 — Preliminary Assessment Roll ............................................. 15 IX. REVENUE SOURCES..................................................................... 17 X. PROJECT SCHEDULE.................................................................... 18 APPENDIX • Detailed Preliminary Estimate of Construction Costs • Figure 1 — Project Location Map • Figure 2 — Proposed Improvements • Figure 3 — Proposed Improvements • Figure 4 — Proposed Improvements • Figure 5 — Typical Sections • Figure 6 — Proposed Right -of -Way Requirements • Figure 7 — Proposed Right -of -Way Requirements Signal Justification Report 1. INTRODUCTION A feasibility study has been authorized by the City Council for City Project No. 709 in response to a request from Blue Cross Blue Shield, developers of the proposed Riverpark Office Center expansion. The study area is located in the southwest quadrant of the intersection at Trunk Highway (TH) 13 and Yankee Doodle Road (see Figure 1, Location Map, in the Appendix). This report identifies the streets and storm sewer improvements necessary to serve the proposed development and the adjacent properties. 6.� II. SUMMARY AND RECOMMENDATIONS City Project No. 709, as outlined herein, is feasible from an engineering standpoint. The proposed roadway improvements are consistent with the recommendations outlined in a previously completed traffic study (City of Eagan Riverpark Development Traffic Study, January 15, 1996). The improvements also follow recommendations contained in a Signal Justification Report prepared for the intersection of TH 13 and Blackhawk Road (included in the Appendix). The improvements are consistent with the City's Comprehensive Guide Plan and Utility Plans. The total cost of this project is estimated to be $962,680. The following recommendations are presented for the Council's consideration: It is recommended that the City Council receive the Feasibility Study and schedule a public hearing for the proposed project area. It is recommended that the City of Eagan review this report with the Minnesota Department of Transportation, discuss possible funding participation and initiate the permit process. Y It is recommended that the City of Eagan begin right-of-way and easement acquisition immediately. 63 III. PROJECT DESCRIPTION A. STREET IMPROVEMENTS Riverpark Office Center is a 50 -acre site located west of Yankee Drive and south of Yankee Doodle Road. Currently there is a single multi -story office building on site owned and occupied by Blue Cross (BCBSM). The owners have proposed expanding the office park by adding four additional 100,000 -square -foot office buildings over the next six years. The previously mentioned , traffic study (City of Eagan Riverpark Development Traffic Study, January 15, 1996) identified improvements in three general areas to serve the proposed expansion. These include improvements to Kennebec Drive, Yankee Doodle Road and the TH 13/Blackhawk Road intersection, including addition of a traffic signal (see Figures 2, 3 and 4 in the Appendix). 1. Kennebec Drive Kennebec Drive is proposed to be extended to the Riverpark Office Center site within an existing 60 -foot wide right-of-way corridor. It is proposed to construct Kennebec Drive as a 36 -foot wide two-lane undivided roadway with concrete curb and gutter (see Figure 5, Typical Section). The estimated cost for improvements to Kennebec Drive is $213,300. 2. Yankee Doodle Road Yankee Doodle Road borders the northeast side of the Riverpark Development. Four areas of improvement to Yankee Doodle Road are proposed. First a standard cul-de-sac is proposed to be constructed 6y approximately 500 feet northwesterly of Terminal Drive. Second, the existing island at the Yankee Doodle Road/Terminal Drive intersection is proposed to be removed and on -street parking will be restricted along Yankee Doodle Road in this area. Third, an entrance to the Riverpark Development is proposed to be constructed opposite Terminal Drive. Finally, an extension of the eastbound right -tum lane is proposed at TH 13. The estimated cost for improvements to Yankee Doodle Road is $81,700. 3. TH 13/Blackhawk Road Intersection Roadway improvements are proposed to TH 13 at Blackhawk Road to accommodate current and projected increases in traffic volume. According to the previously mentioned traffic study, TH 13 currently carries 21,100 vehicles per day (ADT) and is projected to carry 31,700 vehicles per day by the year 2003. The existing two-lane undivided roadway currently has right tum lanes at Blackhawk Road. Under City Project 709, it is proposed to widen TH 13 between Shawnee Road and Yankee Drive to accommodate protected left -tum lanes with raised medians for northbound and southbound traffic (see Figure 5, Typical Section). The previously mentioned Traffic Signal Justification Report (SJR) recommends the installation of a traffic signal at this intersection due to current traffic volume and projected increases. The estimated cost for improvements to the TH 13/Blackhawk Road intersection is $448,400. B. DRAINAGE AND STORM SEWER IMPROVEMENTS City Project No. 709 lies within drainage Districts A (Subdistrict A-2) and C (Subdistricts C-5 and C-6) as defined in the Eagan Comprehensive Storm Sewer Plan, 1990. Stormwater runoff from the Riverpark Development, Yankee Doodle Road and the northerly part of Kennebec Drive is proposed to be carried via storm sewer pipe to pond CP -7 and ultimately to the Minnesota River. Storm sewer pipe is proposed to be extended to collect stormwater runoff from the southerly part of Kennebec Drive. Stormwater runoff from TH 131Blackhawk intersection will continue to be collected in the existing ditches along TH 13. Proposed storm sewer improvements are shown in Figures 2 and 3. The scope of the storm sewer improvements proposed under City Project No. 709 includes construction of storm sewer and appurtenances within the dedicated right-of-way and drainage and utility easements. The proposed improvements are required to collect stormwater runoff from the proposed streets as well as direct stormwater to ponding basins. The estimated cost for storm sewer improvements is $141,100. 66 C. SANITARY SEWER AND WATERMAIN IMPROVEMENTS 1. Kennebec Drive A 9 -inch diameter sanitary sewer was installed in Kennebec Drive under a previous city improvement project. Under City Project No. 709, it is proposed to extend eight 6 -inch service lines from the existing sanitary wyes to the property line. There is also an existing 8 -inch diameter watermain along Kennebec Drive. Under City Project No. 709, it is proposed to install eight 6 -inch service lines from the watermain to the property line. if possible, watermain within the Riverpark Office Center should be extended to the existing watermain in Kennebec Drive to complete a loop. The estimated cost for sanitary sewer and watermain improvements to Kennebec Drive is $23,400. 6� IV. RIGHT-OF-WAY AND EASEMENTS A. KENNEBEC DRIVE Right-of-way for Kennebec Drive has been acquired with the exception of the cul-de-sac area near the southwest boundary of Riverpark Office Center. The cul-de-sac is proposed to be constructed over parcel 10-18200-013-01. This will require minor modifications to the Riverpark Office Center site plan. Right-of-way for the Kennebec Drive cul-de-sac is assumed to be dedicated to the City as part of the final plat. Permanent drainage utility easements will be dedicated on the final plat to cover proposed storm sewer improvements (see Figure 6). Temporary easements for construction purposes will be required from adjacent properties along Kennebec Drive. See Table 1 for estimated right-of-way and easement requirements. B. YANKEE DOODLE ROAD Right-of-way for the proposed Yankee Doodle Road cul-de-sac is assumed to be dedicated as part of the Riverpark Office Center final plat. Additional right-of-way and temporary construction easements will be required from parcel 10-39901-010-01 for the right -tum lane extension onto TH 13 (see Figure 7). 6/3/96 TABLE 1 H:ICIVIL1008124171ASSESS.XLS RIGHT-OF-WAY AND EASEMENT REQUIREMENTS PREPARED BY: SRF NO. 0962417.1 CITY OF EAGAN PROJECT NO. 709 SRF CONSULTING GROUP, INC. 69 AREA COST NO. PARCEL PIN EASEMENT (sq ft) ($/sq ft) TOTAL 1 A 10-90040-012-00 Temp Const Esmt along Kennebec Dr 30,000 0.30 $9,000 2 B 10-90040-014-00 Temp Const Esmt along Kennebec Dr 30,000 0.30 $9,000 3 C 10-18200-013-01 Perm Right-of-way for Kennebec Dr Cul-de-sac 11,500 1.50 $17,250 4 C 10-18200-013-01 Temp Const Esmt for Kennebec Dr Cul-de-sac 11,400 0.30 $3,420 5 E 10-18200-011-01 Perm Right-of-way for YDR Cul-de-sac 5,700 1.50 $8,550 6 E 10-18200-011-01 Temp Const Esmt for YDR Cul-de-sac 5,700 0.30 $1,710 7 U 10-39901-010-01 Perm Right-of-way for rt turn lane ext 3,000 1.50 $4,500 8 U 10-39901-010-01 Temp Const Esmt for rt turn lane ext 4,500 0.30 $1,350 TOTAL ESTIMATED RIGHT-OF-WAY COST $54,780 Note: Permanent easement costs are estimated to be $1.50 per square foot. Temporary easement costs are estimated to be $0.30 per square foot. Actual easement costs will be determined by appraisal. 69 C. TH 13/BLACKHAWK ROAD INTERSECTION Improvements to the TH 13/Blackhawk Road intersection will be constructed within existing right-of-way. �o V. PERMITS Permits for street and utility improvements proposed under City Project No. 709 will be required from the following agencies: 0 Lower Minnesota River Watershed District 0 Minnesota Department of Transportation -10- V1. ESTIMATED COSTS The estimated cost of City Project No. 709 is summarized in Table 1. The estimated costs include 5 percent for unexpected contingencies and 35 percent for design, inspection, administration and capitalized interest. A detailed estimate of construction costs is included in the Appendix. TABLE 2 Estimated Costs City Project No. 709 Kennebec Drive and TH 13/Blackhawk Road Improvement Cost Streets Kennebec Drive $213,300 Yankee Doodle Road Cul-de-sac and entrance drive $ 48,100 • Right -turn Lane Extension $ 33,600 TH 13/Blackhawk Road $448,400 Storm Sewer $141,100 Sanitary Sewer and Watermain $ 23,400 Right -of -Way $ 54,780 Total Project Cost $962,680 �a VII. AFFECTED PROPERTIES A. Assessment Area The properties proposed to help finance the proposed improvements and requiring notification of public hearing are: Parcel Property I.D. Property Description A. 10-90040-012-00 Tract C, RLS, No. 4 (Met Council) B. 10-90040-014-00 Tract E, RLS, No. 4 (Met Council) C. 10-18200-013-01 PO L1 131 Comsery No. 1 (BCBSM, Inc.) D. 10-18200-012-01 PO L1 B1 Comsery No. 1 (BCBSM, Inc.) E. 10-18200-011-01 PO L1 131 Comsery No. 1 (BCBSM, Inc.) F. 10-00800-013-50 PO L1 61 Comsery No. 1 (BCBSM, Inc.) B. Construction Area The following properties, while not proposed to be assessed, are adjacent to the improvements proposed under Project 709 and will likely be impacted by its construction: G. 10-81180-010-01 H. 10-08050-112-01 I. 10-68050-111-01 J. 10-13831-010-01 K 10-00800-020-76 L. 10-14550-010-01 M. 10-14550-010-01 N. 10-14550-010-01 0. 10-16935-010-01 P. 10-90040-019-00 Q. 10-90040-200-00 R. 10-47285-010-00 S. 10-47285-010-01 T. 10-47285-020-00 U. 10-39901-010-01 L1 131 Valley Acres (City of Apple Valley) PO L11 B1 Sibley Term. Ind. Park (Trans Corp.) PO L11 B1 Sibley Term. Ind. Park (Gresser) L1 B1 Best Brands 2nd (Best Brands, Inc.) Unplatted (Tousignant) L1 131 Blue Cross (Minn. Hosp. Serv. Assn.) L2 B1 Blue Cross (Minn. Hosp. Serv. Assn) L3 131 Blue Cross (Minn. Hosp. Serv. Assn) Centex Vermilion Townhomes (Centex Real Estate) PO Tract F, RLS No. 4 (Met Council) PO Tract F, RLS No. 4 (Met Council) OL A Mardelann Add. (Larson) L1 B1 Mardelann Add. (Larson) OL B Mardelann Add. (CitiCargo) L1 B1 RL Johnson 2nd (Rram Gen. Ptnshp.) For purposes of public hearing advertisements, the total estimated project cost is $962,680. VIII. ASSESSMENTS A. CITY PROJECT NO. 709 1. Assessment Summary Costs for the proposed street and storm sewer improvements are proposed to be fully assessed to the adjacent properties. Assessments for the proposed improvements are summarized as follows: Yankee Doodle Road Cul-de-sac and Entrance Drive: TH 13/Blackhawk Road and Yankee Doodle Road Right -tum Lane Extension: Entire cost assessed to Riverpark Office Center. Cost paid by City of Eagan Major Street Fund and possible Mn/DOT participation. Kennebec Drive: Cost for street and storm sewer improvements is split into thirds and proposed to be assessed equally to the Riverpark Office Center, Met Council property north of Kennebec Drive and Met Council property south of Kennebec Drive. Sewer and water improvements are proposed to be assessed to the two Met Council parcels equally. The assessment assigned to the Riverpark Office Center are proposed to be prorated by area over the five existing parcels. The assessments to the Met Council parcels are proposed to be assigned on a lump sum basis. See Table 2 for a summary of the proposed assessments and Table 3 for a preliminary assessment roll. 6/3/96 TABLE 3 H:ICIVIL1008124171ASSESS.XLS PROPOSED ASSESSMENT SUMMARY PREPARED BY: SRF NO. 0962417.1 CITY OF EAGAN PROJECT NO. 709 SRF CONSULTING GROUP, INC C.P. NO. 709 IMPROVEMENT COST PROPOSED ASSESSMENT EAGAN MAJOR STREET FUND � BLUE CROSS BLUE SHIELD PARCELS MET COUNCIL PARCEL NORTH OF KENNEBEC MET COUNCIL PARCEL SOUTH OF KENNEBEC STREETS IN 10-18200-013-01 (B) Kennebec Drive 251,932 83,977 83,977 83,977 39,554 (B) Yankee Doodle Rd Cul-de-sac 58,330 58,330 42,486 23,267 (B) Yankee Doodle Rd Rt Turn Ln Ex 39,416 10-18200-011-01 700,671 43,548 39,416 TH 13 / Blackhawk Road 448,412 67,397 10-00800-013-50 494,211 448,412 Streets Subtotal $798,090 $142,307 $83,977 $83,977 $487,828 STORM SEWER $77,933 $220,241 Met Council Parcels Kennebec Drive 94,780 31,593 31,593 31,593 Yankee Doodle Rd Cul-de-sac 46,340 46,340 83,977 31,593 11,690 Yankee Doodle Rd Rt Turn Ln Ext 10-90040-014-00 649,500 83,977 31,593 TH 13 / Blackhawk Road 127,261 Subtotal 2,084,500 $167,955 Storm Sewer Subtotal $141,120 $77,933 $31,593 $31,593 SANITARY SEWER & WATER $23,380 $141,120 $11,690 $11,690 TOTAL $962.590 $220,241 $127,261 $127,261 $487,828 NOTES: IA) INCLUDES ESTIMATED COSTS FOR GRADING, PAVING, TRAFFIC AND TURF ESTABLISHMENT (B) INCLUDES ESTIMATED COST FOR RIGHT-OF-WAY. TABLE 4 PRELIMINARY ASSESSMENT ROLL CITY OF EAGAN PROJECT NO. 709 PARCEL AREA sq ft LATERAL LATERAL LATERAL STREET STORM SEW & WAT ASSESSMENT ASSESSMENT ASSESSMENT TOTAL Blue Cross Blue Shield Parcels 10-18200-013-01 411,208 25,557 13,996 39,554 10-18200-012-01 683,583 42,486 23,267 65,753 10-18200-011-01 700,671 43,548 23,849 67,397 10-00800-013-50 494,211 30,716' 16,821 47,538 Subtotal 2,289,67.3 $142,307 $77,933 $220,241 Met Council Parcels 10-90040-012-00 1,435,000 83,977 31,593 11,690 127,261 10-90040-014-00 649,500 83,977 31,593 11,690 127,261 Subtotal 2,084,500 $167,955 $63,187 $23,3801 $254,521 TOTAL $310,262 $141,120 $23,380 $474,762 �6 2. Assessment Financing Options At the time of the assessment hearing, property owners will have the option of paying the assessment in full following the assessment hearing or including the assessment as part of their property tax statement. If the assessment is included on the property tax statement, the assessment will be spread over a 10 -year period and at an interest rate determined by the bond sale financing this improvement. IX. REVENUE SOURCES Revenue to cover the cost of this project is estimated as follows: TOTAL BALANCE -$487,828 The project deficit (-$487,828) will be financed by the City of Eagan Major Street Fund. �, F Project Assessment Cost Revenue Balance A. STREETS Kennebec Drive $ 251,932 $ 251,932 Yankee Doodle Road $ 97,746 $ 58,330 TH 13/Blackhawk Road $ 448,412 0 Subtotal $ 798,090 $ 310,262 -$ 487,828 B. STORM SEWER Kennebec Drive $ 94,780 $ 94,780 Yankee Doodle Road $ 46,340 $ 46,340 TH 13/Blackhawk Road$ 0 0 Subtotal $ 141,120 $ 141,120 $ 0 C. SANITARY SEWER AND WATERMAIN Kennebec Drive $ 23,380 $ 23,380 Yankee Doodle Road $ 0 $ 0 TH 13/13lackhawk Road $ 0 0 Subtotal $ 23,380 $ 23,380 0 TOTAL BALANCE -$487,828 The project deficit (-$487,828) will be financed by the City of Eagan Major Street Fund. �, F X. PROJECT SCHEDULE The proposed schedule for City Project No. 709 is as follows: Present Feasibility Report to City Council Hold Public Hearing Approve Plans and Specifications Advertise for Bids Open Bids/Award Contract Construction Complete Hold Assessment Hearing First Payment Due with Real Estate Taxes -18 June 4, 1996 July 2, 1996 Fall 1996 Spring 1997 Spring 1997 Fall 1997 Spring 1998 May 1999 APPENDIX • Preliminary Cost Estimate • Figures 1-5 -- Proposed Improvements • Figures 6-7 -- Right -of -Way and Easement Requirements • Signal Justification Report W C lz � Y A Wr` ? 02 C: Q _ < F oa= >- W a QOM O � ~ W J ujm W. z W Y y N O O O O Co pp O O O m W W N (n m m W 0 O_ W N m 0 m O W S m O W M O m N n O O W M O+ O S S S S S pm m� p O N m a O M m v N n v n 0• W v O N v Qf M W M' m m O�S O W W O m m v W v O v P M, a N ? m m n W J f r 'N Mw _ W m N n• n m IO ++ 1 n O m N g N e• N •.IO O O m• O +D .'{D N m m N Ip v N Q Q y b b v e r W N M W ! 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LL O. 4 r fa d d y Z r Q m W '7 a o- �- W W W Q O W 0 O Tf T� y T O V W Q W W O O Of x¢ O U U O O p D O O O Z W O .¢ ¢¢ W U y U Z m y N y y U yf m !-• N ¢¢ U Qk W W Q W 3 m r U W W r OW�N Mb MW W W<b w cMN v v nN oNf rNi wnN w anpWN o�Nf v10Oi epOW O O O o v MN MNI N N W WNw NwOn Nwn N Nw WWM0O �N 1pNd 0 bWo O. 0 750' X Ii 1 KENNEBEC cmm ,I.- CIN OF EAGAN CITY PROJECT NO. 709 DR. AND T.H. 13 / BLACKHAWK PROJECT LOCATION MAP FIGURE RD. 1 LLI V) �� o Q ��? 12 o a.ce >- z LLJ LLJ < 0 d CL LL) 0. [I 0 o C14 C 3 < < V LLJ uj WV) Z 0 Z CL 0 LLI ce CL BLACKHAWK ROAD w dH CG ce Z M U QO dH ce Z QO 2 Ix a Y U 0 Z� o ch cn 4 Z W W .� O o a V�: Z Z U < Q H U W LW Z O Z a O Y a E) 0 BLACKHAWK ROAD M SHAWNEE RD. - I I I z z W I � ' 3 1 f - I V IM6, a 0 ' a y. I I � ; I � , W ci LLQ 9 ce U W e W ci F�- 9 ce e W e W 2 � a Y U 0 Z1. �O M z r- � u _ Oo O a Q Uv ZQ ¢Z 0 � V v, W m0 W Z O Z a � a 9 e e Z-4 o O Q O O O ^D = ab O �O j r p 0 N 0] Dm O U WQpj— W � Z b U W Y U 1-9 NOo �, o col= m > U r I LD m 0�O N � O O 3 W �. > �? io mN NZ r � N al c F a r € J V o m 70�w I� !o ^�r N O o io rJ OM O W_ or W LO V LL Vi Y O � Z �uj _ 0 o ad V W W Z Z W a e a a W Q W a a 3 LLIz O W � a C W z W ' � a W Wix O ix m a I.- t.vi'.. 11M TERMINAL DRIYE - PRELIMINARY DRAFT - SIGNAL JUSTIFICATION REPORT TH 13 AT BLACKHAWK ROAD IN EAGAN, MINNESOTA CONSULTING GROUP, INC. One Carbon Parkway, Suite 150, Minneapolis, MN 55447-443 - (612) 475-0010 SRF NO. 0962403 Moz MINNESOTA DEPARTMENT OF TRANSPORTATION SIGNAL JUSTIFICATION REPORT Program: Letting Date: FOR TH 13 AT BLACKHAWK ROAD IN EAGAN, MINNESOTA May 1996 Funding Category: Work Identification: Traffic Signal Installation and Roadway Improvements I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. — z zic'�0 7 F Name Reg. No. Date APPROVED: City of Eagan Date Assistant Division Engineer - Traffic Date CONCUR with your determination that a traffic signal is justified at this location based on this Signal Justification Data (Sections VII and VIII). State Traffic Engineer Date SRF No. 0962403 Date: May, 1996 TH 13 at Blackhawk Road in Eagan, Dakota County 1. PROJECT DESCRIPTION The subject intersection is located on TH 13 in the City of Eagan, Minnesota (see Figure 1—Project Location). Trunk Highway 13 is a north -south, two-lane undivided roadway with a posted speed limit of 50 miles per hour in this area. Both TH 13 approaches to Blackhawk Road consist of a combined left-tum/through lane and a right -turn only lane. Blackhawk Road is a major collector street with two -lanes (an exclusive left tum lane and a combined through/right) provided on each approach to TH 13. Traffic operational problems currently exist at the TH 13 and Blackhawk Road intersection. The operational problems that have occurred, have primarily been in the form of excessive delays for Blackhawk Road traffic entering TH 13. A previous traffic study completed by SRF (dated: January 1996) indicated the need to ultimately upgrade TH 13 to a four lane divided roadway in this area, from Yankee Doodle Road to Seneca Road. The 1995 average daily traffic (ADT) on TH 13 from Senaca Road to Yankee Doodle Road exceeds 20,000, well above the threshold for a four -lane facility. With this future improvement, TH 13 would be a four lane divided roadway from Yankee Doodle Road to the TH 77 interchange area. Interim proposed roadway improvements would include upgrading the subject intersection to provide one left -tum lane, one through lane and one right turn lane on both the northbound and southbound approaches to Blackhawk Road (see Figure 2, Proposed Intersection Layout). No roadway improvements are planned for the Blackhawk Road approaches to TH 13. The proposed traffic signal at the TH 13 and Blackhawk Road intersection will be a full traffic actuated signal system with five phases. TH 13 will have protected left turn phasing, and the Blackhawk Road approaches will have a shared phase. Interconnect should be provided between the proposed signal and the existing traffic signal at TH 13 and Yankee Doodle Road. i/ 1 O 1 2 Scale thousand ISO .— —.—._� _• •_ — 1 I t i 1 I PROJECT LOCATION PROPOSED SIGNAL; /4011 Silver Bell Road -INPLACE SIGNALS "9 Highview Avenue L ! T Lone IOak Road �� of CL 1 co J -�r Yankee Dood,ULRoad I � n� 1 !�! f e Ditfley Road f go• TH 13 AND BLACKHAWK ROAD SIGNAL JUSTIFICATION REPORT LOCATION MAP Cmmm ""c'°"'•'"" CIN OF EAGAN i t l l FIGURE I 1 1 I 1 I i BtACKHAWK ROAD Y -may ;L - 0 w z I LLJ _ CN U. 3 I I 1 r 1 1 1 Q I w V) a 0 ir- CL 4S� I 1 I 1 I 1 I i 31471 #---- 0 a uj z o p �a � J �- z O a U z w LL o H ° z QELI U Q V N g a m o C CL M r II. COST, FUNDING AND MAINTENANCE It is proposed that the project will be funded 100 percent by the City of Eagan. The controller and cabinet will be provided by Mn/DOT with reimbursement by the City. The City will be responsible for power costs for the signal, street lights and painting, cleaning and relamping the system. Mn/DOT will be responsible for hardware maintenance, controller maintenance and controller operation. The estimated cost of this proposed traffic signal installation is $120,000. 111. SCHEDULE AND PROJECT MANAGER Project Manager: Dennis R. Eyler, P.E. Principal SRF Consulting Group, Inc. One Carlson Parkway, Suite 150 Plymouth, Minnesota 55447 Telephone Number: (612) 475-0010 Estimated Letting Date: Estimated Construction Completion Date: IV. NEED FOR PROJECT/PROJECT DISCUSSION The proposed traffic signal work described in this report is needed as part of the roadway reconstruction at the TH 13 and Blackhawk Road intersection and to accommodate proposed development that is expected to take place in this area. The City of Eagan is considering a request by Blue Cross/Blue Shield of Minnesota to expand their operations at a site located west of TH 13 and south of Yankee Doodle Road. There is currently a 190,787 square foot office building at this location. Blue Cross wishes to construct four additional office buildings at this location, each of which will be 100,000 square feet. The first two buildings are expected to be completed by the year 1998; the second two buildings by the year 2002. This proposed development is expected to increase the existing peak hour traffic volumes at the TH 13 and Blackhawk Road intersection by approximately 11 percent after one-year of opening, and by approximately 23 percent after full build -out of the site. 9y V. PUBLIC AND AGENCY INVOLVEMENT The City of Eagan will be the responsible agency for design and construction of the project. The City of Eagan and Mn/DOT will be required to coordinate funding. VI. DESIGN CRITERIA AND EXCEPTIONS No design exceptions to Mn/DOT or AASHTO standards are required. VII. JUSTIFICATION Traffic signal justification will be based on applying the applicable warrant(s) for signal installation as outlined in the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) and reconciling the roadway geometrics, proposed lane usage, existing traffic volumes and planned changes in the area roadway network with the requirements of the MMUTCD and sound traffic engineering practice. The signal warrants analysis is based on the assumptions shown below: 77WWAT0 VOWTV�•�•l Geometry: Northbound Mainline 2 approach lanes Southbound Mainline 2 approach lanes Minor Street 2 approach lanes Approach Speeds: Mainline 50 mph Minor Street (westbound) 35 mph The TH 13 and Blackhawk Road intersection signal warrants analysis is based on April 1996 hourly approach traffic volumes, and November 1995 morning and afternoon peak hour tuming movement traffic counts collected by SRF. The proposed roadway geometrics with the posted speed limits on both roadways were assumed. Based on this signal warrants analysis, installation of traffic signal control is warranted at the TH 13 and Blackhawk Road intersection by satisfying the following signal warrants of the Mn/MUTCD: Warrant 2 --Interruption of Continuous Traffic, and Warrant 11—Peak Hour Volume Warrant (see appendix for Warrants Analysis Summary). The additional traffic from the proposed future development in this area would only further warrant the need for traffic signal control at the intersection. A signal at this location will also serve to collect vehicular traffic from the residential area to the east to encourage the use of this regulated access point onto TH 13. ?SOO' According to the warrants analysis summary, traffic volumes met the requirements for Warrant 6, Accident Warrant. Based on accident data from January 1990 to December 1993, there were a total of 20 reported accidents at this intersection which resulted in the following breakdown: 1990 7 accidents (4 right angle type accidents) 1991 4 accidents (4 right angle type accidents) 1992 4 accidents (0 right angle type accidents) 1993 5 accidents (2 right angle type accidents) Totals 20 accidents 10 The only accidents that are considered, when analyzing the accident warrant, are those that are susceptible to correction by traffic signal control. These include mostly right angle, or left tum, accidents and must equal five or more for any 12 -month period. Based on results of this analysis, the subject intersection does not meet the minimum requirements of Warrant 6, Accident Warrant. It is concluded that on the basis of: (1) meeting Warrant 2 and Warrant 11; (2) expected future increases in both site generated and through traffic; and (3) concentrating side street traffic, traffic signal control is justified at this location. 11111. APPENDIX WARRANT SUMMARIES TRAFFIC COUNT DATA ACCIDENT DATA rA MINNESOTA DEPARTMENT OF TRANSPORTATION TRAFFIC ENGINEERING SIGNAL WARRANT ANALYSIS Location :TH 13 & BLACKHAWK RD MAJOR APP.I MAJOR APP.3 T"vTAL 1+3 Date :44-i>3-96 SPEED APPROACH LANES Factor :1.444 ----------------------------------------------- 6-7 A.M. 661 50 Major App. 1 :TH 13 NB S OF BLACKHAWK RD 2 ` 4 50 Major App. 3 :TH 13 SB N OF BLACKHAWK RD 2 I X 30 Minor App. 2 :BLACKHAWK RD EB W OF TH 13 2 POPULATION LESS THAN 10,000 : No 35 Minor App. 4 :BLACKHAWK RD NB E OF TH 33 2 SEVENTY PERCENT FACTOR USED : YES 8-9 A. M. 4201630 140174 f301'c) tt^ HOUR MAJOR APP.I MAJOR APP.3 T"vTAL 1+3 WARRANT MfT MINOR APP.2 MINOR APPA WARRANT MET APP � WARRANT MET APPA MET SAME HOURS 6-7 A.M. 661 388 105., X I X ` 4 72 1 J X I X 7-$ A.M. � 1252 � jjj 658 1910 X / X 25 128 8-9 A. M. 704 592 1296 X I X 31 93 / ! X J X 9-10 10-11 11-12 Q-1 A. M. A. M. P.M. P.M. 461 461 477 } 699 427 420 } 62$ 596 f f $8$ 881 1105 1295 t X J X X I 1 X / X X / X 26 39 44 39 62 45 76 78 I J ! / J J I X i X J J X / X 1-2 P.M. 626 541 ' 1167 j X/ X 29 I 73 I .1 X J X 2-3 3-4 P.M. P.M. {j{j 542 f fS (1 653 648 866 � 11-,0 i 1519 f X I X X/ X 35 53 65 81 J I X / X 4-5 P.M. 774 lr 1284 j 2054 X J X 58 62 5-6 P.M. 806 1101 1907 X / X 28 39 6-7 P.M. 579 596 1115 i X/ X19 74 I I X 1 X 7-8 P.M. 360 314 734 X J X 12 42 8-9 P. A. 344 267 611 X / 8 20 9-10 P.M. 350 246 596 X I 6 19 10-11 P.M. 237 181 418 I 4 11 WARRANT i WAS NOT MET : 0 HOURS SATISFIED REQUIREMENTS WARRANT 2 WAS MET : 8 HOURS SATISFIED RE9UIREMENTS WARRANT 6 'VOLUME REQUIREMENTS WERE MET. CHECK ACCIDENT DATA WARRANT 8 WAS NOT MET : I HOUR MET / 11 HOURS MET W"RRAiIT 9 WAS NOT MET : 3 HOURS SATISFIED REQUIREMENTS WARRANT 11 WAS NET . AT LEAST 1 HOUR SATISFIED REQUIREMENTS DATA FILE - 2403 H w w ct Ctf 0 z t� 2 CL .L *t' LLS t=t s:4 rL i_ft w J t_1 0 CL IL CL .Z Im w w LL (3? 17", ("1 LAS C%l !� to ►rt N1 CL LL ix . 1 M LL LL 1=1 Cl K W t l l tii 04W LL !I iet CL iL iit Il t Y f T = 2 J W4 CL tl LL C� CL W CL CL CL CL CL LL t_t t_t t_t 1=1 Z Z t. r 0 U) t3*3 to r) M HdA — awn -100 HSI H 13T -US 8ONTW �r- 2 C W t_? t+ CL CL LL 0 F- it t W w Lit Ll: 0 1-. 2 Iiti IL IR 05?4 9P r ,pmx-trt a. 0 ma ni J 1 a � ! 4 I �! to + 1 C f e r s �s ' mW__I a Jr a a k7 r ,r �r IL Q to de rr �r r r ,r �r r o i? r a — HdA — awn -100 HSI H 13T -US 8ONTW �r- 2 C W t_? t+ CL CL LL 0 F- it t W w Lit Ll: 0 1-. MINNESOTA DEPARTMENT OF TRANSPORTATION TRAFFIC ENSINEERING TRAFFIC COUNT DATA LOCATION : TH 13 NB S OF BLACKHAWK RD FOR COUNTS BEGINNING : April 2, 1996 DATE 1 2 3 4 5 AVE. 6 7 AVERAGE DAY -------------------------------------------------------------------------- MON. TUE. WEU. THU. FRI . WFC::. DA`{ SAT. SUN. WEE�'EN1 HOURS 12M-1 76 76 1-� 66 66 C-._, 29 29 _;-4 26 26 4-5 66 1 5-' .234 234 6-7 ,_,6 7 667 7-8 1252 125-1 8-9 704 704 9-10 461 461 10-11 461 401 1 1-12N 477 477 12N-1 699 699 1-2 626 626 -� 22, 542 54 3-4 653 653 4-5 774 774 5-6 806 806) 6-7 579 579 7-8 -3560 :360 8-9 344 344 9-1) 350 350 10-11 237 237 11-12M -------------------------------------------------------------------------- 136 136 TOTALS 1 C)6 '5 10625 24 HOUR FACTOR :1.000 AADT : 1062t REMARK'S : -------------------------------------------------------------------------- -------------------------------------------------------------------------- DAl' A FILE --.` 240::,. DA 1 140a MINNESOTA DEPARTMENT OF TRANSPORTATION TRAFFIC ENSINEERIN6 TRAFFIC COUNT DATA LOCATION :BLACKHAWK RD EB W OF TH 1 FOR COUNTS BEBININING : April 2, 1996 DATE_ 1 2 3 4 5 AVE. 6 7 AVERAGE DAY MON. ------------------------------------------------------------------------- TUE. WED. THU. FRI . WK. DAY SAT. SUN. WEEKEND HOURS 12M-1 2 2 -_ 2-3- 3-4 .=-4 1 i 4-5 ty J-6 yt 6-7 =} 4 7-8 225 25 B-9 %1 31 9- 1 r-) 26 26 10-1 i 39 39 11-12N 44 44 12'N-1 3-7 39 1-2 29 29 ^35 35 ,. -4 53 53 4-5 58 58 5-6 ^8 28 6-7 19 19 7-8 12 12 8-9 8 8 9-10 6 6 10-11 4 4 11-1M 2 2 -------------------------------------------------------------------------- TOTALS 469 469 24 HOUR FACTOR :1.000 AADT : 469 REMARKS : ----------------------------------------------------------------- DATA FILE --> 24(-.)3 . DA2 /a/ MINNESOTA DEPARTMENT OF TRANSPORTATION TRAFFIC ENSINEERINS TRAFFIC COLPT DATA LOCATION : TH 1.3 SP N OF BLACKHAWK RD FOR COUNTS BEGINNING : April 2, 1996 DATE 1 2 3 4 5 AVE. DAY -------------------------------------------------- MON. TUE. WED. THU. FRI. WK.DAY HOURS 12M-1 79 79 1-2 49 49 2-:3 16 16 ?-4 41 41 4-5 58 58 5-6 145 145 6-7 388 32a 7-'8 658 653 8-9 592 592 9-10 427 427 10-11 420 420 11-12N 623 623, 12N-1 596 596 1-2 541 541 2-3 608 608 3-4 266 566 4-5 1280 1280 5-6 1101 l iol 6-7 596 596 7-8 374 7,74 8-9 267 267 9-10 246 246 10-11 121 181 11-12M 147 147 TOTALS 103t_r4 10:304 24 HOUR FACTOR :1.000 6 7 AVERAGE SAT. SUN. WEEKEND ---------------------- AIADT . 1030-0t REMARK'S : ----------------------------------------------------------------- -------------------------------------------------------------------------- -------------------------------------------------------------------------- DATA FILE --.'.•• 240::,. D,A3, Aoco2 MINNESOTA DEPARTMENT OF TRANSPORTATION TRAFFIC ENSINEERIN6 TRAFFIC COUNT DATA LOCATION : BLACKHAWK RD WEA E OF TH 1 FOR COUNTS BEGINNING : April 2, 1996 DATE 1 �. 3 4 5 AVE. 6 7 AVERAGE DAY -------------------------------------------------------------------------- MON. TUE. WED. THU. FRI. WK. DAY SAT. SUN. WEEk:END HOURS 1iM-1 4 4 1-2 -31 1 1 3-4 2 4-5 11 11 5-6 26 6 6-7 72 72 7-8 12a 11'a 8-9 9._, 9._, 9-10 62 62 10-11 45 45 11-12N 76 76 12N-1 78 78 1-? 73 73 2-3 65 65 3-4 a1 81 4-5 62 62 5-6 39 39 6-7 74 74 7-8 42 42 L-9 20 211 9-10 19 19 10-11 11 11 11-12x1 -------------------------------------------------------------------------- 12 12 TOTALS 1099 1099 24 HOUR FACTOR :1.000 AADT 11199 REMARKS : ----------------------------------------------------------------- -------------------------------------------------------------------------- -------------------------------------------------------------------------- 3" DATA FILE --: 2411.3}. DA4 /v SRF TRAFFIC TURNING MOVEMENTS COUNTS -WZZ7q.Z.- EAWA ity oc o�ectl Itrtorsat:tioe N T. u • f and OLAP-P(Aw`c ROAO Date - ��.� Day of week `TSS. WeatherD°F- CLoHofr Recorder �7 �tjZk Apk 2n Tn 3 [;lack-kAvk (Zv Time (Street)S,t„T.,l from the ------_i ---N'treetj CA lb ----- _ --- is1reetj�aR.T.� f o the-- -- -�5treeI _..fr4 i' - - 67- Lt. 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Transportation ■ Civil - Structural - Eiivirmimelttal - Planiihig - Traffic � Landscape Architecture - Parking SRF No. 0962417 MEMORANDUM TO: Tom Colbert, City of Eagan Mike Foertsch, City of Eagan FROM: Jim Dvorak, P.E. ' Senior Associate DATE: June 28, 1996 SUBJECT: KENNEBEC DRIVE, CITY PROJECT NO. 709 PUBLIC INFORMATION MEETING A public information meeting was held on June 27, 1996 at the Eagan City offices. We have attached a copy of the sign-up sheet listing property owners who attended. In addition to the property owners, Mike Foertsch of the Eagan City staff and Jim Dvorak of SRF Consulting Group, Inc. were in attendance. The following summarizes the issues discussed during the meeting: • Mike Foertsch opened the meeting with a short introduction of the proposed project. Jim Dvorak presented details, costs and assessments. Mr. Gresser stated that the City should contact tax payers before spending tax dollars and that this meeting is several months too late. • Mr. Gresser was strongly opposed to constructing a cul-de-sac at the end of Yankee Doodle Road. Mr. Jones supported this position. Mr. Gresser and the others were opposed to the proposed assessment of Kennebec Drive; they would like it all assessed to Blue Cross Blue Shield. Mr. Kennedy was concerned about access to the Valley Lounge. • The Yankee Drive intersection with TH 13 is dangerous and a proposal was put forth to connect Kennebec Drive to Yankee Drive. SRF Consulting Group, Inc. One Carlson Pztrkway North, Suite 150, Misineapolis, Minnesota 55447-4443 Telephone (612) 475-0010 - Fax (612) 475-2429 Ati ViJIM/ Opporrurril y l;ruployer /06 4 (Jbb1V7 F R I 1 3 0 0 S R F G O N S U L T I "C; P - @3 Tom Colbert - 2 - June 28, 1996 Mike Foertsch • The group was opposed to eliminating the Yankee Drive/TH 13 intersection. • All were very supportive of improving the Blackhawk/TH 13 intersection with turn lanes and a traffic signal. • The group questioned why TH 13 was not being upgraded to four lanes in this area since there exists four lanes to the north and south. The two-lane segment is approximately two miles long. Mr. Gresser, and others in the group, stated they had not received notice of previous meetings for the Blue Cross Blue Shield expansion or the meeting today. JRD/smf Attachments /4�� 057 4'11!00010 JUN - 2 8- 9 b F R I 1 3: 0 0 S R F C O N S U L T I Na 1! le Ir, . �. /r7/4-� i.rqcp z . 109 �s�xcl� ) is�y S es sal� W� 40)v 7 5 /° ♦7Y�����oa �r �� Ariz r P . 04 -Ivvv— 1,41 r 1 ew-v 11-4i�9 10 (, lu" -� > v tom, 4...c Al. PAGE 10/ EAGAN CITY COUNCD. MIIVUTTES MAY 3, 1944 OC 130 WAIVER OF PLAT/FRANK A. RECHTZIGEL Mayor Egan introduced this item as Waiver, Frank H. Rechtzigel, in order to split Parcel 011-50 for individual ownership located along the north and south sides of Deera►ood Drive east of I -35E in the SW 1/4 of Sec 2L City Administrator Hedges explained that Mr. Rechtzigel had written a letter requesting a continuance. Wachter moved, Hunter seconded, a motion to continue a Waiver of Plat for two parcels, one on each side of Deerwood Drive, of the a fisting Parcel 011-50, southwest quarter of Section 21, to the May 18 City Council meeting upon request of the apnL Aye: S Nay: 0 WAIVER OF PLAT/M.L GRESSER Mayor Epn introduced this item as Waiver of Plat, Mi- Greaser, to split Lot 11, Block 1, Sibley Terminal Park, for individual ownership located along the west side of Terminal Drive north of Yankee Doodle Road on the SE 1/4 of Section 8. Mayor Egan dwm announced he repn manted an interested party in the application, and would be stepping down entirely and requested the acting Mayor to preside over the item. Coaacilmember Wachter stepped in as acting Mayor and presided over discussion of the application. City Administrator Hedges made introductory comments. Director of Community Development Reichert provided additional mentation an the location and application. She explained Advisory Planning rom**mon disc =on regarding whether the casting landscaped island should remain on Yankee Doodle Road or be removed. Applicant, Mike Gresser, expressed his concern over cars being unseen traveling westward on Yankee Doodle Road should the island be removed He stated the plan had worked for more than nine years to control traffic and keep tour buses out of the area and described several accidents previous to the construction of the island. Mr. Gresser stated he wished for the Council to keep the island as is exists now because it works. Acting Msyar Wachter stated that when signage was used many years ago it proved ineffective. So far, he concluded, the island has worked out for the best. Mr. Wachter also noted that the only imposition would be the snow plowing. Mr. Gresser replied that although it was inconvenient for snow plowing, he took care of the snow plowing for that area and was *914 to be i iconvenieaoed in order to promote safety. Acting Mayor Wachter questioned whether the new tenants were in agreement with the proposal. Mr. Gresser responded that they those tenants were in agreement. Councilmember Awada requested clarion an the location of the application. Director of Community Development Reichert provided clarification. Director of Public Works Colbert explained the proposed intersection for traffic traveling down Yankee Doodle Road could be accurately handled by groviding some directional arrow signage, thereby providing advanced warning a curve is approaching. Couaailmember Awada questioned why the. City would propose changing what currently exists. Director of Public Works Cdbcrt responded that there were two options rvaU* from the very beginning nine years ago; 1) the option suggested by Mr. Gresser and 2) the alternative that staff was kvestigadng prior to Mr. Gressees construction. Mr. Colbert also noted that there has been an objection from one of the affected property owners of the figuration which requested the City continue with the alternative the City was pursuing prior to Mr. Gresser's mon. Mr. Greaser then responded that he did not want the island to change since the design is simple and works well. Councilmember Wachter gnesdoned how peoplewho vel occupy the new lot feel about the existing design. Mr. Gresser r rxpon_ded th y pc d=cd to leave the design as it cxists currently. Deborah Page, an arty representing Donn and Bradstreet, stated that her client does not object to the waiver of the plat, ^but her diem's only concern is in regard to the landscaped arra of the berm. Her client's objection to the area, she explained, as been long sanding since 1985, since the berm obstructs the flow of traffic as it flows northwesterly on Yankee Doodle Road. She added that her client's property is currently fenced and undeveloped, but the budding was built with the intention of expansion an an easterly wing and westerly wing. In order to accommodate that expansion, she explained, additional visitors' parking would be required northerly of the building, making the use of an access off of Yankee Doodle Road necessary. She then expressed ►6i PAGE 11/ EAGAN QTY COUNCa. MI WTES MAY 3, M4 OC 1 her dienes objection to the approval of the preliminary plat with the existing berm in place, since it would prohibit Donn and BradsuwXs fature development and access off of Yankee Doodle Road. She stated she felt this was in effect a taking of part of the value of Dunn and Bradstreces property because of the lack of access. Ms. Page requested that the City Council approve the waiver but require the removal of the berm to create access. She added that the proposal presented at the meeting was the first time her client had seen the design, and raised concerns that the access be continuous and even, since the biggest concern is that there be two-lane available street all the way through. Couaelmember Awada questioned wimm Ms Page's client planned to develop further. Ms. Page responded that there is riot a development plan available today, but her concern was that anything dome today will impact future development. Cotmalmember Awada then asked if Ms. Page would be concerned if the Comma agreed to leave the design the way it presently emsts, with the agreement that Dann and Bradstreet would return when they wished to develop the area and the street would be straightened ant at that time. Ms. L Page's concern was that the approval of plat with the berm in place automatically mould provide the new owner of that lot the rights to have the berm there. Oq Attorney Shrldoer responded that this is only a waiver of plat before the City Council and the maintenance agreement that the City reviewed with the property owner provides that the My has the right to remove the landscaped island if it so chooses, and that the landowner is responsible for that coat. He further clarified that the maintenance agreement stated the City Council retains the ultimate right and dmsm over the right-of-way. Coancilmember Awada said, in her opinion, if Dunn and Bradstreet was to develop anything else that required access, the island should be removed. For now, she added, she felt comfortable with the design because it works. Ms Page responded that she understood what Councilmember Awada was stating, but the reason she was asking for the removal was due to her client's lack of success when working with the City in the past. Couaclmember Masin questioned Ms. Page's reaction to safety concerns raised by Mr. Gresser. Ms. Page responded she did not have any personal knowledge about the safety issues, but that her client has indicated that the safety concerns have more or less been corrected by the stop signs. CCotmelmember Masin then stated since Ms. Page and her client were not pleased with either of the two designs presented, that it may be beneficial on development of the area is undergone to review the entire situation at that point in time. Ms. Masin questioned if Dunn and Bradstreet would be agreeable to her proposal. Ms Page reiterated her client's concern over access issues. Counclmember Hunter commented he felt the a fisting landscaped island did a good job in controlling traffic and that he questioned whether the area was a parking lot or a street in the fall during bow -hunting season. Mr. Grosser replied that when Apple Valley Police Department came in he requested that a gate be put in for safety reasons for bow -hunting season. Counclmember Hunter then stated he felt it was reasonable to leave the island as it exists currently. He added that he was sensitive to Dunn and Bradstreet's needs and that the agreement provides the Council with the capability to have the landscaped Wand removed/not removed whenever development occurs later on. He stated he would be agreeable to approve the application, lead the peninsula in, with the condition that the peninsula be removed when development would occrr. City Attorney Sheldon stated he was uncomfortable with placing a condition like that mentioned abam, for Councils in the future may not be held to 1994 conditions. He strafed the Council has some inability, by way of agreement, to bind future Councils acdom member Hunter stated he feet that was acceptable, as long as the minutes reflected the discussion of the Council's intent that oam the land is developed further, the landscaped island be removed in order to Bradstreet. He sdded he felt future up Provide across for Duan and City Councils will hold the 1994 Council a desire w have the Ladscaprd island removed. Wachter paurted out to the Council that this was a very special exception with a public street that has such a private bmdscapcd island Counclmember Hunter concurred that it was unusual, and that he wouldn't consider it if it wasn't located in a remote area. , Dimctor of Public Works Colbert commented that when the application was originally considered it required that all affected property owners sign the agreement, and at that time Dunn and Bradstreet had objected to signing the agreement 'Ibus, he wiled, if the existing situation was allowed to remain, it would be well for the Council to stipulate who must enter into the PAGE 12/ EAGAN CITY COUNCIL MINUTES MAY 3, 1994 0.'132 maintenance agreement for the island to ensure it is complied with. r� ,w< Counch7member Awada stated she felt the person who desires the island should pay for the maintenance. Councilmember Hunter said the first property owner and the last property owners will pay for maintenance. Director of Community Development Reichert clarified that tbc two property owners responsible would be both Mr. Gresser's property and Transport America. Hunter moved, Awada scoonded, a mackm to approve a Waiver of Plat in order to split Lot 11, Block 1, Sibley Terminal Industrial Park, into two parols subject to tiho five conditions set forth in the staff report as modified by the Advisory planning Commission, noting that the peninsula be ieft intact with the maintenance agreement being mcated by both Gresser and Transport America property awuers along the eastern border of Yankee Doodle Road: L The Waiver of Plat shall be recorded within 60 days of Council action with documentation to the City. I The loading docks for the building on parcel B shall be removed prior to July 1, 1994, or issuance of Certificate of Occupancy,whichever occurs earlier. 3. Coss ingress/egress easements shall be recorded with the Waiver of Plat with documentation to the City. 4. A 38% lot coverage shall be permitted an Parcel B and it shall be combined with Lots 9 and 10, Sibley Terminal Park, with the recording of the transfer of Parcel B. S. The property owners of the parcels created by this Waiver of Plat are required to enter into a Declaration of Covenants for maintenance and repair of landscaping for the modifications to City right-of-way created by the landscaped peninsula or the intersection is required to be reconstructed to allow the through movement of traffic at the expense of the property owners. Aye: 4 Nay: 0 — Acting M zym Wachter then turned the meeting over to Mayor Egan. R-94.28 CONDMONAL USE PERbUT/FIELD MA DnMNANCE, INC. Mayor Egan introduced this item as Conditional Use Permits, Field Maintenance, Inc. to allow service and outdoor storage of tracks in a LI (Light Industrial) district on Lots 17,18,19, Block 4, Eagandale Center Industrial Park # 4 Addition, along the 'tet side of Mike Coffins Drive north of Yankee Doodle Road in the SE 1/4 of Section 1L City Administrator Hedges provided introductory comments. Director of Community Development Reichert provided additional information on the location and application, stating that the applicabon was fairly straight forward. Phyllis Rau, Owner of Field Maintenance Inc., was present for questions from the City Couacti7. Maria moved, Awada seconded, a motion to approve a Conditional Use Permit for the service of trucks and a Conditional Use Permit for the storage of rental trucks, both wbject to the applicable conditions set forth in the staff report with the modification of Condition #12 for (Feld Maintenance, Inc located an the west side of the Dike Collins Drive, north of Yankee Doodle Road, in the southwest quarter of Section = L This Conditional Use Permit shall be recorded with Dakota County within 60 days of its approval, with documentation of recording submitted to the City. 2 A Lot Combination agreement shall be recorded with Dakota County within 60 days of approval ci the Conditional Use Permit, with documentation of recording submitted to the City. r. 3. No rooftop mechanical equipment shall be visible. 4. All landscaped and green areas shall be served by an underground irrigation system. S. The three sided trash enclosure shall be attached to the building and constructed of the same building material Agenda Information Memo July 2, 1996 B. PROJECT 703, MALLARD PARK 2ND ADDN ACTION FOR COUNCIL CONSIDERATION: To close the public hearing and approve Project 703, Mallard Park 2nd Addition (Street Reconstruction) and authorize the preparation of detailed plans and specifications. FACTS: • On May 20, 1996, the City Council held a public hearing to consider reconstructing the streets within the Mallard Park 2nd Addition. After a presentation by City staff and consultants along with considerable testimony by the residents concerned primarily with the percentage of City participation, the City Council approved the project and authorized the preparation of detailed plans and specifications. • Shortly thereafter, staff discovered an error in the public notification wherein approximately 10 property owners were inadvertently omitted from informational neighborhood meetings and the public hearing. • On June 4, the City Council scheduled a new public hearing for July 2 to correct the technical defect in the previous public hearing process. • On June 19, an informational neighborhood meeting was held to explain the details of the project to any interested/affected property owners. Enclosed is a copy of the minutes from that neighborhood meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this new public hearing scheduled for July 2 and the related process. ATTACHMENTS: • Feasibility report, pages throe—aWn�d�a6— • New hearing notification etter, page • Informational meeting minutes, page FEASIBILITY STUDY FOR WOODGATE 2ND ADDITION -CITY PROJECT.792 MALLARD PARK 2ND ADDITION -CITY, STREET RECONSTRUCTION CITY OF EAGAN APRIL 1996 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. Gregory J. #to;qo �11 P.E. Reg. No. 2317b7" Rl�lellred by: Steven 16.- Gatlin, P.E. Reg. No. 12754 WPA.4Z. I I'l nd.1 057 - ATP4L. 1c)L?1a Date Date sad - EAGAN ENGINEEj"Z:NGX DEF' MSA, Consulting Engineers 1326 Energy Park Drive St. Paul, MN 55108 Phone #: (612) 644-4389 Fax #: (612) 644-9446 l/-3 I I1IS1LTIIG EIGBEERS 1326 &aV Poral Orn" S. Poul, MN 55108 April 22, 1996 File: 112-044-10 611 -Edd -4389 1.800.888.2923 Honorable Mayor and City Council I=: 612-6Ad-9Ad6 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: WOODGATE 2ND ADDITION - CITY PROJECT NO. 702 MALLARD PARK 2ND ADDITION - CITY PROJECT NO. 703 STREET REHABILITATION IMPROVEMENTS Dear Mayor and City Council: -E- NGN Please find attached the revisions to the feasibility study for the rehabilitation of the streets within the Woodgate 2nd Addition and Mallard Park 2nd Addition. It is our M;NVAI recommendation that the project, as proposed in this study, is feasible. Please contact "-.NN-NG our office if you have questions or require further information regarding this project. .� 'NAF Sincerely, MSA, CONSULTING ENGINEERS St en D. Gatlin, P.E. Project Manager SDG:tw Attachments Reviewed by /Z' • !„ Departme t of Pub c Works Dat q � AlReviewed by: _ F' hector Date OFFICES IN: MINNEAPOUS , PRIOR LAKE S. IAIWFAS.,1:.04-" WASECA An Fnnal flnnn'nmiry Fennlnv�, CITY OF EAGAN WOODGATE 2ND ADDITION (CITY PROJECT NO. 702) AND MALLARD PARK 2ND ADDITION (CITY PROJECT NO. 703) STREET RECONSTRUCTION TABLE OF CONTENTS I=n Im Transmittal Letter ............................................... I Table of Contents .............................................. ii Introduction.................................................. 1 Scope..................................................... 1 Existing Conditions ............................................. 1 Exhibit 1 - Project Location Map ................................ 2 Proposed Improvements .......................................... 4 Easements and Permits ........................................... 4 Exhibit 2a - 2b - Street Sections .............................. 5 & 6 ProjectCost .................................................. 7 Assessment Area ............. .................................. 7 Assessment Table .......................................... 8 Exhibit 3 - Assessment Area Map ............................ %.... 9 Assessments..................................................10 Financing....................................................11 Project Schedule ............................................... 11 Recommendations .............................................. 12 Conclusion ................................... ............... 12 Appendix A - Preliminary Cost Estimate Appendix B - Preliminary Assessment Roll //So, FE4S-112.044 ii 112 034 10 INTRODUCTION This feasibility study is submitted as required under Minnesota State Statute 429 regarding the assessment of public improvements. The City of Eagan authorized the feasibility study for the rehabilitation of approximately 1,900 linear feet of streets within the Mallard Park 2nd Addition and approximately 5,000 linear feet within the W000dgate 2nd Addition, located adjacent to Johnny Cake Ridge Road and south of Diffley Road. A portion of Walnut Lane, which is located in the Woodgate 3rd Addition, is also being rehabilitated at this time as part of the Woodgate 2nd Addition project. The locations of the proposed improvements are shown on Exhibit 1. This feasibility study investigates the street improvements necessary to bring the roadway surfaces of these areas to a condition which conforms to the City of Eagan standard for 7 -ton residential roadways. The report also provides costs associated with the rehabilitation, which will not alter the existing street dimensions. The area under study is currently zoned residential. SCOPE The purpose of this report is to analyze the feasibility of rehabilitating the various streets presented on Exhibit 1. It is proposed to rehabilitate the existing bituminous pavement by reconstructing the full pavement section. The existing concrete curb and gutter will not be removed unless it shows signs of distress or settlement, in which case, it will be sawcut, removed, and replaced. Storm drainage improvements will consist of structure adjustments to match the exiting utilities with the new street grade. Minor subgrade drainage improvements will be installed in areas showing frost damage or distress, indicative of poor subgrade drainage and moisture problems. Project funding will also be addressed within this report. The costs of the projects, shown in Appendix A, include an estimated construction cost based upon 1995 construction bids received on similar projects. Also included is a 10% contingency cost and a 35% indirect cost which includes anticipated design and construction engineering, administration, legal, and fiscal expenses. A preliminary assessment roll is included as Appendix B. It was prepared in accordance with the City of Eagan's current special assessment policy. Sources offunding include both City fiends and assessments to private property. City funds are used to finance curb, utility, and storm sewer repairs, as well as 25 % of street rehabilitation costs. EXISTING CONDITIONS Core samples and soil borings were obtained by American Engineering Testing (AET) in order to evaluate the existing pavement sections, subgrade conditions, and necessary requirements to meet the City standard 7 -ton design. The City employed AET to perform the required tests which consisted of ten flat auger borings from which pavement thicknesses were measured. The existing pavement sections ranged in thickness from 1.75 to 3.0 inches of bituminous, with an average thickness of approximately 2.45 inches. The aggregate base material was mostly brown, silty sand with gravel and its average thickness was estimated at 5.4 inches. Soil borings were performed to depths of 4.5 feet. //6 FEAS-112.0" -1- 1 i,n In :A044EX CONSOLTING BBGIPBIM PROD. NO. 703 PROD. NO. 702 //5�- WOODGATE 2ND ADDMONI PROD. NO. 702 MALLARD PARK 2ND ADDITION PROD. NO. 703 CITY OF EAGAN PROJECT LOCATION MAP I� 0 1200 city of eagen Pavement Conditions The Deflection Testing Analysis Report, dated 1993, for the City of Eagan was reviewed to help evaluate the condition of the streets. According to this report, the average existing granular equivalency (GE) for the Mallard Park 2nd Addition is 11.9", with a GE range from 11.0" to 12.8". The average R -value for the Mallard area is between R-20 and R-27. The Woodgate 2nd Addition has an average GE of 11.6", with a GE range from 10.6" to 12.7". The average R -value for the Woodgate area lies between R-22 and R-27. The Pavement Condition Index (PCI) was another source used to evaluate the condition of the streets. The PCI is a procedure that is used to prioritize street improvements and manage the overall pavement system. When effectively using this approach, streets are maintained at a higher service condition for a lower, long-term cost. The PCI values rank the surface condition of the roadway on a scale from 0 to 100, with 100 being the best. This is an important aspect of street evaluation from which the following maintenance requirements can be utilized: Table One PCI Rating Maintenance Required 55-100 Crack Filling/Sea1 Coat 35-55 Bituminous Patch/Overlay 0-35 Reconstruction As outlined above, PCI ratings below 35 generally require removal of the existing pavement and reconstruction. Based upon the settlement of the street and soil borings, the existing aggregate base and subgrade may require removal and reconstruction. PCI ratings between 35 and 55 indicate a street surface that can be restored through patching deteriorated areas and overlaying the street to provide an improved surface. Those streets greater than 55 indicate the need for routine street maintenance in the form of crack filling and seal coating. The PCI ratings analysis shows that the majority of the streets within the Woodgate 2nd/ Mallard Park 2nd neighborhood have deteriorated to the point that reconstruction is prudent and appropriate. The average PCI rating for streets within Mallard Park 2nd is 17, while that of Woodgate 2nd is 28. The streets within the Woodgate 2nd Addition contain large potholes and extensive alligator cracking. The streets within the Mallard Park 2nd Addition are also experiencing alligator cracking. Reconstruction will include measures to decrease the rate of decay in the future. These measures include edge drains and a select granular subcut to drain subsurface moisture, which will prevent frost heave and subsequent soil strength loss. These improvements will increase the effective service life of these streets. FFAS-112.044 113.044-10 Storm Drainage Conditions According to the City of Eagan Public Works staff, and a general review of the storm drainage systems, the existing storm drainage system within the development is adequate to handle the storm runoff from the area. However, several catch basins have settled over the design life of the existing streets and will require adjustment and minor repair. PROPOSED IMPROVEMENTS Street Improvements The proposed street width and grade throughout the Mallard Park/Woodgate area will match the existing roadway. It is currently 34' wide from back of curb to back of curb, with surmountable concrete curb. Deteriorated street sections will receive complete reconstruction, which will include some subgrade correction and drainage improvements where warranted. We have estimated that approximately 15% of the street length requires correction based on existing subgrade soil conditions. Based upon visual field inspection during construction, the Engineer and City Construction Superintendent will determine which areas are to include the subgrade soil corrections. The subgrade drainage improvements include the installation of perforated drain the and geotextile fabric. The proposed pavement cross-section is shown in Exhibits 2a and 2b. The curb and gutter is to be replaced only where necessary, due to such conditions as settlement, cracking, or scaling. An estimate of approximately 15 %.' of the entire curb length has been included for replacement. The costs associated with the reconstruction of the roadways are presented in the cost section of this feasibility study (Appendix A). One item to note in the cost section is that the pavement removal includes removal of the entire pavement section to the subgrade. Storm Sewer Improvements No major storm sewer improvements are proposed in the scope of this project. The improvements will primarily consist of structure adjustment to provide surface continuity with the new pavement surface. ' Sanitary Sewer and Water Repairs According to City of Eagan Public Works staff, no sewer or water utility repairs are necessary. Utility adjustments will be included in the project plans and completed as a street repair expense. The adjustments include gate valve, manhole and catch basin adjustments. The estimated cost for these repairs and improvements is outlined in Appendix A. EASEMENTS AND PERIVIITS All street and storm sewer work will be conducted within the existing roadway right-of-ways; therefore, no additional easements or permits are anticipated. FEAS-112.au -4- 112-0- t 10 I� 14' t6' f 16' EXISTING SURMOUNTABLE CURB & GUTTER REMOVE EXISTING PAVEMENT (CONCRETE CURB & GUTTER WILL REMAIN IN PLACE) 14' LL 1 1/2' 2341 TYPE 41 BITUMINOUS WEAR COURSE TACK COAT 4" PERF. HDPE 1 1/2" 2331 TYPE 32 BASE COURSE EDGEORAIN WITH GEOTEXTILE SOCK 8" CLASS 5 AGGREGATE BASE (AS NECESSARY) 12" SELECT GRANULAR (AS REQUIRED) AC44EX RECONSTRUCTION SECTION (w/ SUBCUT) /d0 WOODGATE 2ND ADMON PROJ. NO. 702 MALLARD PARK 2ND AMMON PROD. NO. 703 CrfY OF EAGAN PROJECT STREET SECTION ROW �WW0 BOD O ,Q�) I city of eagen 14' 16' _ 16' 7A044EX COHSDI,PIIIC IM EXISTING SURMOUNTABLE CURB & GUTTER I 1 REMOVE EXISTING PAVEMENT (CONCRETE CURB & GUTTER WILL REMAIN IN PLACE) 14' 1 1 1/2' 2341 TYPE 41 BITUMINOUS WEAR COURSE TACK COAT 1 1/2" 2331 TYPE 32 BASE COURSE -` 6" CLASS 5 AGGREGATE BASE RECONSTRUCTION SECTION (NON-SUBCUT AREAS) lo2l WOODGATE 2ND ADDITION • PROJ. NO. 702 MALLARD PARK 2ND ADDrrlON PROJ. NO. 703 CRY OF EAGAN PROJECT STREET SECTION ROW C XHO o O4 D D city of cagan PROJECT COST The following is a summary of the anticipated costs for the project. A more detailed analysis of the construction costs is presented in Appendix A of this report. A. Street Costs - Woodgate 2nd Addition Bituminous Pavement $403,922.88 Concrete Curb and Gutter Repairs 34.093.12 TOTAL COST $438,016.00 B. Street Costs - Mallard Park 2nd Addition Bituminous Pavement $158,445.13 Concrete Curb and Gutter Repairs 12.397.50 TOTAL COST $170,842.63 The estimated total project costs for the Woodgate 2nd Addition and the Mallard Park 2nd Addition are based upon estimated construction costs plus additional costs which include 35 % for indirect costs and a 10% contingency factor. The 35% accounts for engineering, city administration, and fiscal and legal expenses. PROJECT REVENUE A summary of revenue sources is presented below: Project Project Project Cost Revenue Balance A. Bituminous Street Reconstruction $562,368 $421,776 -$140,592 B. Concrete Curb Repair/Replacement 46,491 _ -0- - 46.491 $608,859 $421,776 $187,083 The anticipated project deficit is approximately $187,000 which will be the responsibility of the major street fund. /aSvz ASSESSMEIiT AREA The Mallard Park 2nd assessment area includes a total of 39 single family residential lots. Woodgate 2nd and 3rd includes 114 assessable lot equivalents. This number is a result of 72 single family residential units and 56 townhome units at a .75 assessment application (42 lot equivalents), in accordance with the City of Eagan's current assessment policy. The area to be included for assessment purposes is presented on Exhibit 3 and includes the following: Property. Description— # of Lots Assessed # of Lot_ Equivalents Mallard Park 2nd Addition Block 1, Lots 1-17; 21-33 30 30 Block 2, Lots 1-9 9 9 TOTAL 39 Woodgate 2nd Addition Block 1, Lots 1-16 16 @ (.75) 12 Block 2, Lots 1-16, 19-22 16 @ (.75) & 4 @ (1.0) 16 Block 3, Lots 1-9 Block 4, Lots 1-16 9 16 9 16 Block 5, Lot 1 1 1 Block 6, Lots 1-19 19 19 Block 7, Lots 1-18 18 18 Block 8, Lots 1-5 5 5 Woodgate 3rd Addition Block 4, Lots 1-16 16 @ (.75) 12 Block 5, Lots 1-8 8 @ (.75) 6 TOTAL 114 FF -4,S- -8- 112-044-10 I B WALLN 1 1 2w ff 1 14 J 14' \ S r 15 g1 , t 1 4 fs S 6 � 8 ria 9 ASSESSMENTS Assessments are proposed to be levied against the benefitted properties as outlined in the City of Eagan's current assessment policy. A summary of the assessment policy for this project is presented below and a preliminary assessment roll and a constant principle payment schedule have been included as Appendix B of this report. The assessments presented are based upon preliminary cost estimates and will be revised based upon the actual final construction costs. r Zoning Type - $39.611.28 Residential/Duplex $118,833.85 All Other Types t Assessed City Assessed City Bituminous Street Construction 75% 25% 100% 0% Concrete Curb Repairs (existing) 0% 100% 0% 100% Storm Sewer Repairs 0% 100% 0% 100% Sanitary Sewer/Watermain Repairs 0% 100% 0% 100 The method used for determining the assessment per lot equivalent is presented below. As indicated in the above table, residents are not assessed for the repairs to existing concrete curb and gutter or utility repairs and adjustments. Lot Equivalent Assessment for Woodgate 2nd Addition Total Amount Assessed as Street Construction: $403,922.88 Minus City's Share (25 % of Total): - $100.980.72 Equals Amount Assessed to Residents: $302,942.16 Divided by 114 benefitting lot equivalents: 4 Equals Lot Equivalent Street Assessment: Lot Equivalent Assessment for Mallard Park 2nd Addition Total Amount Assessed as Street Construction: $158,445.13 Minus City's Share (25 % of Total): - $39.611.28 Equals Amount Assessed to Residents: $118,833.85 Divided by 39 benefitting lot equivalents: -39 Equals Lot Equivalent Street Assessment: S3.047.0 According to City policy, townhomes share the equivalent lot assessment area of the road abutting their property at 75 % of the typical residential equivalent. The procedure used to determine the unit equivalent assessment per lot for townhomes is shown below: /0215T FEAs-t 110" -10- 1117 -("In Townhome Unit Assessments (Woodgate 2nd and 3rd) Single Family Residential Assessment: $2,657.39 Multiplied by 75 % x .75 Equals Multi -Unit Assessment Rate FINANCING The recommended means of financing the reconstruction of streets within the Mallard Park 2nd Addition and Woodgate 2nd Addition is through a combination of special assessments to benefitted properties and City street and utility funds. The benefitted properties are proposed to be assessed in accordance with the City's current assessment policy. The City will assume a portion of the project costs for the street reconstruction, concrete curb and gutter repairs, and the costs associated with the utility maintenance and repairs. Assessments will be paid either upon completion of the assessment hearing or over a 15 -year period at an interest rate determined by the bond sale at the time the project is awarded. A preliminary assessment roll is included as Appendix B of this report. It addresses prbposed assessment amounts to each specific property within the project scope. The estimated assessment per lot equivalent for Woodgate 2nd Addition is $2,657.39 and for Mallard Park 2nd Addition is $3,047.02. The unit assessment for townhomes in the Woodgate 2nd and 3rd Additions project is $1,993.04. PROJECT SCHEDULE Public Informational Meeting March 25, 1996 & April 22, 1996 City Council Receives Feasibility Report April 2, 1996 Public Hearing /City Orders Plans and Specifications May 20, 1996 City Council Receives Plans & Specifications & Sets Bid Opening June 18, 1996 Bid Opening July 11, -1.996 City Council Receives Bids / Awards Contract July 16, 1996 Construction Begins August, 1996 Construction Complete October, 1996 Assessment Hearing February -March 1997 First Payment Due November 1998 F+.s-112.au -11- 112-044-10 SUNLMARY OF RECONEgENDED IMPROVEMENTS Street Reconstruction/Rehabilitation Based upon the core samples collected by AET, existing PCI ratings, average granular equivalencies, and on-site observations, complete reconstruction of roadways within Mallard Park 2nd Addition and Woodgate 2nd Addition is necessary. The roadways will be reconstructed with subgrade drainage improvements incorporated as needed, as shown on Exhibit 2. Storm Sewer The storm sewer improvements would include catch basin and manhole adjustments throughout the entire project area to match the new roadway surface and minor repairs. Other Utilities All sewer and water utility structures would be adjusted to match the newly constructed street surface. No other major repairs or modifications are recommended. Restoration All boulevard areas that are disturbed during construction will be restored to their original condition. CONCLUSION The Woodgate 2nd Addition/Mallard Park 2nd Addition Reconstruction project is technically feasible from an engineering standpoint and the improvements are in accordance with the Master Street Plan for the City of Eagan. The project can best be carried out as a single contract. The costs of the Woodgate 2nd Addition and Mallard Park 2nd Addition street improvements are estimated at $438,016 and $170,843, respectively. The project would be completed during the summer of 1996, in accordance with the schedule provided in this report. The project would be funded through special assessments to the benefitted properties and City of Eagan funds. The anticipated assessment per lot equivalent for street reconstruction for Woodgate 2nd Addition and Mallard Park 2nd Addition ranges between $2,600.00 and $3,100.00. The unit assessment for townhomes in the Woodgate 2nd Addition project area is approximately $2,000.00. The estimated City of Eagan cost for the Woodgate 2nd Addition and Mallard Park 2nd Addition is $187,082. This amount includes 25 % of the street rehabilitation costs and the non -assessed curb replacement and restoration costs. /0 ? 1/10, FEAS-i 12.044 -12- 112-044-10 VC % Q , ,, n.. Appendix A Preliminary Cost Estimate Woodgate 2nd Addition Street Rehabilitation Project # 702 Schedule is Street Rehahilitatinn - WnnAaefa incl ArfrT.d4n Item uangtr r Unit ! Unit Cost Extended Cost Mobilization 1 LS I $5,000.00 $5,000.00 Pavement Removal 20,200 SY $2.501 $50,500.00 Subgrade Excavation 1,000 CY $5.75, $5,750.00 Subgrade Preparation 49 RDSTA $200.00 $9,800.00 Geotextile Fabric 3,050 f SY' $2.00: $6,100.00 Select Granular Borrow 1,025 CY $7.25 $7,431.25 Aggregate Base, Class 5 7,850 TON $7.25 $56,912.50 Concrete Valley Gutter 220 SF $4.00 C $880.00 Type 31 Bituminous Base Course 2,600 TON $21.50 $55,900.00 Bituminous Tack Coat 1,025 GAL $1.15 $1,178.75 Type 41 Bituminous Wear Course 2,000' TON $24.50 $49,000.00 Perforated Drain Tile 1,410 LF $8.50 $11,985.00 Drain Tile Connections 6 EA $110.00 $660.00 Catch Basin Adjustment 22 EA, $225.00 $4,950.00 Manhole Adjustment 33 EA $225.00 $7,425.00 Gate Valve Adjustment 12 EA $165.00 $1,980.00 Remove and Replace Driveway 70 SY 1 $27.50 $1,925.00 Sod Lawn and Boulevard 340 SY $3.50 $1.190.00 Construction Cost: $278,567.50 10% Contingency Cost: $27,856.75 35% indirect Costs $97,498.63 Total Street Cost 5403,922.88 Schedule II: Concrete Curb Repairs - Woodgate 2nd Addition ICnos it Extended Item uanti ! Unit t I Cost Concrete Curb Removal 1,650.01 LF I $3.251 $5,362.50 ,Concrete Curb and Gutter D412 1.650.0 LF $11.00 f $18.150.00 Construction Cost: $23,512.50 10% Contingency Cost: $2,351.25 35% Indirect Costs $8,229.38 Total Concrete Curb Cost 534,093.13 Total Project Cost- Woodgate 2nd Addition 5438,016.00 /�9 Appendix A (cont'd.) Preliminary Cost Estimate Mallard Park 2nd Addition Street Rehabilitation Project # 703 Schedule TTT! Street RPhahilitntinn _ Mallard Perin')nr1 Aririifinn Item uanti Unit Unit j Cost Extended Cost Mobilization 1 LS 55,000.00 $5,000.00 Pavement Removal 8,000 SY $2.50 $20,000.00 Subgrade Excavation 400 CY $5.75 $2,300.00 pSubgrade Preparation ? 19 RDSTA $200.00 $3,800.00 Geotextile Fabric 1,200 SY $2.00 $2,400.00 Select Granular Borrow 400 CY $7.25 $2,900.00 Aggregate Base, Class 5 39050 TON $7.25 $22,112.50 Type 31 Bituminous Base Course f 1,000 TON $21.50 $21,500.00 Bituminous Tack Coat 400 GAL $1.15 $460.00 Type 41 Bituminous Wear Coupe 775 TON $24.50 $18,987.50 Perforated Drain Tile 530 LF $8.50 $4,505.00 Drain Tile Connections 2 " EA $110.00 $220.00 Manhole Adjustment 10 EA $225.00 $2,250.00 Gate Valve Adjustment 4 EA $165.00 $660.00 Remove and Replace Driveway 30 SY ' $27.50 $825.00 Sod lawn and Boulevard I 135 I SY I $3.501 $472.50 Construction Cost: $108,392.50 10% Contingency Cost: $10,839.25 35% Indirect Costs $37,937.38 Total Street Cost S157,169.13 Sehednle TV! Cnnerptp Cnrh 112pnaire . Mallard Park 2nd AAAitinn Construction Cost: 10% Contingency Cost: 35% Indirect Costs Total Concrete Curb Repairs Total Project .Cost - Mallard: Park 2nd Addition S169,566.63 130 $8,550.00 $855.00 $2,992.50 S12,397.50 Unit Extended ItemQuantityf Unit Cost Cost Concrete Curb Removal 600.0 LF $3.25 $1,950.00 Concrete Curb and Gutter D412 600.0' LF $11.00 $6,600.00 Construction Cost: 10% Contingency Cost: 35% Indirect Costs Total Concrete Curb Repairs Total Project .Cost - Mallard: Park 2nd Addition S169,566.63 130 $8,550.00 $855.00 $2,992.50 S12,397.50 APPENDIX B /3/ FEAS-112.444 112-044-10 REVISED 5/29/96 Appendix B Preliminary Assessment Roll Woodgate 2nd Addition - Project # 702 Mallard Park 2nd Addition - Project # 703 Woodeate 2nd Addition: Parcel Total Number of Lots Total Number Total # of Lot Assessment Total Descri tion of Lots C E uivalents Per Lot Assessment Woodgate 2nd Addition $2,756.71 $82,701.30 Block 2, Lots 1-9 9 9 Block 1, Lots 1-16* $24,810.39 1 16 12 $2,067.53 $33,080.52 Block 2, Lots 1-16* 16 12 $2,067.531 $33,080.52 Block 2, Lots 19-22 4 4 $2,756.71 $11,026.84 Block 3, Lots 1-9 9 9 $2,756.711 $24,810.39 Block 4, Lots 1-16 16 16 $2,756.71 $44,107.36 Block 5, Lot 1 1 1 $2,756.71 $2,756.71 Block 6, Lots 1-19 19 19 $2,756.71 $52,377.49 Block 7, Lots 1-18 j 18 18 $2,756.71 $49,620.78 Block 8, Lots 1-5 5 5 j $2,756.71, $13,783.55 Woodgate 3rd Addition Block 4, Lots 1-16* 16 12 $2,067.531 $33,080.52 Block 5, Lots 1-8* 8 6 $2,067.53 $16,540.26 TOTAL:-.: :128 1'4 : $314,26494 * The asterik indicates townhomes. Mallard Park 2nd Sddifinn! Parcel Description Total Number of Lots Total # of Lot Equivalents Assessment Per Lot Total Assessment Mallard Park 2nd Addition Block 1, Lots 1-17, 21-33 30 30 $2,756.71 $82,701.30 Block 2, Lots 1-9 9 9 $2,756.71 $24,810.39 510?;5:L69° INDIVIDUAL ASSESSMENT SCHEDULE Constant Principle Payment Method WOODGA7E ?ND ADDITION MALL4RD PARK ZND ADDI77ON Owner: FIF.M(OWNER) Legal Description: F1ELD(LOT DES) Parcel: FMLD(PIN) Addition: FIELD(SUBDIV) Interest Start Date: Repayment Period: Interest Rate: Assessments a. IMPROVEMENT'S b. 15Nov98 15 years 8.0% Quantity Unit Measure Unit Price Amount 1 LOT $2,756.71 $2,756.71 Total Assessment $2,756.71 YEAR ANNUAL PRINCIPAL INTEREST PRINCIPAL PAYMENT PAYMENT PAYMENT REMAINING 1998 52,756.71 1999 $432.11 5183.78 5248.33 52,572.93 2000 $389.62 $183.78 5105.83 $2,389.15 2001 5374.9I $183.78 S191.13 52,205.37 2002 S360.21 $183.78 S176.43. $2,021.59 2003 S345.51 $183.78 S161.73 S1,837.81 2004 5330.81 5183.78 S147.02 $1,654.03 2005 S316.10 $183.78 5132.32 51,470.25 2006 5301.40 5183.78 5117.62 S1,286.46 2007 5286.70 $183.78 5102.92 $1.102.68 2008 $272.00 $183.78 588.21 - 5918.90 2009 S257.29 5183.78 573.51 S735.12 2010 $242.59 5183.78 558.81 S551.34 2011 $227.89 $183.78 544.11 $367.56 2012 S213.19 $183.78 $29.40 5183.78 2013 5198.48 $183.78 $14.70 50,00 54,548.80 Total of Annual Payments Note: The interest payment for 1999 includes 527.79 for interest accrued from 15Nov98 to O1Jan99. /3.030 June 6, 1996 Re: Project 703, Mallard Park 2nd Addition (Street Rehabilitation) Notice of New Public Hearing Dear Property Owner: On May 20, 1996, the City Council held a formal public hearing regarding the proposed reconstruction of the streets within the Woodgate 2nd & 3rd Addition and the Mallard Park 2nd Addition. After presentation of the details of the proposed project and considerable testimony and input from the property owners, the City Council subsequently closed the public hearing and approved the project as proposed. While the vast majority of the property owners in attendance recognized the need to have the streets reconstructed, the majority of the objections related to the amount of the proposed special assessments against the adjacent property owners. The City Council acknowledged these objections, but stated that the appropriate time to discuss the merits of the proposed assessment would be at the final assessment hearing presently scheduled for the Spring of 1997. After the project was approved as a result of the May 20 public hearing, it has been discovered that through a technical defect in the notification process, it will be necessary for the City Council to hold a new public hearing to correct this technical notification defect. Therefore, the enclosed notice informs you of this new public hearing scheduled for July 2, 1996, at 7:00 p.m. The City Council will be receptive to any public input at this public hearing if it is new or different from the testimony presented at the May 20 hearing. They will then give consideration to reaffuming their previous action of approving the project as originally presented. We apologize for any inconvenience this additional public hearing process creates but is necessary to meet the requirements of Minnesota State Statutes pertaining to public improvement special assessments. If you have any questions or concerns as this project progresses, please feel free to contact me at your convenience. Sin ely, Michael P. Foertsch, P. . S. Assistant City Engineer MPF/J j Enclosure: Public Hearing Notice cc: Mayor & City Council, c% Thomas L. Hedges, City Administrator Deanna Kivi, Special Assessment Clerk 13 �f Informational Meeting Minutes Mallard Park Second Addition City of Eagan Project #703 MSA Project #112-046-10 Wednesday, June 19, 1996 A neighborhood informational meeting was held to discuss the Mallard Park Second Addition project on Wednesday, June 19, 1996, at 6:30 P.M. Representing the City of Eagan was Mike Foertsch, Assistant City Engineer. In attendance from MSA to present the project was Steve Gatlin, Project Manager. In attendance were three residents including Bonnie McCallum, 1670 Woodoate Lane, Norbert Adelman, 1664 Woodgate Lane, and Brad Neilson, 1650 Woodgate Lane. Mike Foertsch gave a brief presentation on the project, prefacing his comments by noting that the new neighborhood informational meeting and additional public hearing were necessary due to a defect in the original public hearing notice. Ten property owners in the Mallard Park Second Addition were not included in the original notice. It was, therefore, necessary to provide a new neighborhood meeting and public hearing for project 703. Mike summarized the City of Eagan pavement management program and provided information regarding the pavement lifecycle curve and the City's five-year capital improvement program for street improvements. Steve Gatlin then gave a brief presentation of the feasibility report for the project including a description of the existing conditions, proposed improvements, project cost, and project financing including a proposed project assessment roll. A brief discussion then took place among residents, City staff, and consultant personnel. Several of the issues discussed include the following: ■ Overlay vs. Reconstruction — Mr. Adelman raised a concern whether or not reconstruction was cost-effective and why an overlay had not been considered. Mike Foertsch explained that, based on the PCIs of the streets and the current pavement surface conditions and unstable subsoil conditions, an overlay was not cost-effective. ■ Project Financing — Questions were raised regarding the City of Eagan's participation in the project including the cost -split in the assessment policy and the City's participation on curb. Residents felt that perhaps a higher City participation may be justified. ■ Assessment Policy -- Residents again raised concern regarding whether or not the 25 City of Eagan contribution for street reconstruction was appropriate. Residents raised the same issue that was raised at earlier neighborhood meetings and public hearings regarding whether or not the City's share should be higher. ■ Street Damage Due to Heavy Trucks -- Mr. Neilson raised concern regarding frequent garbage trucks and heavy construction traffic on the roads and asked whether or not this had contributed to early pavement deterioration. Mr. Foertsch and Mr. Gatlin discussed I t] 1►ib-?I�IU iun 135 this issue briefly and did note that construction traffic, including garbage trucks, does contribute significantly to pavement deterioration. Strategies for minimizing damage were discussed. These could include the neighborhood getting together and hiring a single garbage hauler. y ■ Assessment Payment Terms — Mr. Neilson had questions regarding payment terms and what options for payment were available. Mr. Foertsch noted that the proposed assessment term would be 15 years. Mr. Gatlin commented that payment options would include payment within 30 days of the adoption assessment roll without interest, partial payment of the assessment prior to certification without interest, and allowing the assessment to be placed on the property taxes along with interest and paid during the assessment term or paid prior to completion of the term. = Access During Construction — Ms. McCallum had questions regarding access during construction. Mr. Foertsch noted that access would be provided generally everyday to property owners but that, during the day, there may periods of time when immediate access to homes or driveways would not be possible, as well as during the time that concrete curb and gutter is being cured. When curb is poured in a particular area, driving over the curb would not be allowed for three to five days during the curing period. However, since no utilities are being installed in the area, no major disruptions limiting access would be expected. ■ Process to File Formal Objection -- All residents in attendance indicated an objection to the project and questioned the process to file an objection to the proposed project. Specific objections were to the proposed assessment and assessment policy. Residents seemed to feel that the project was warranted and should proceed; however, they did object to the proposed assessment and existing City assessment policy. City staff indicated that a letter of objection should be filed with the City, preferably before the City Council meeting so that the information can be included in the City Council agenda packet. Following the conclusion of the question and answer period, the meeting was adjourned at approximately 8:15 p.m. 112 (N6-22(10 mr. /,36 Agenda Information Memo July 2, 1996 Eagan City Council Meeting C. VARIANCE - PROFESSIONAL PLASTICS INC. ACTION TO BE CONSIDERED: ■ To approve or deny a Variance to allow parking within the required 100 foot setback buffer for Lots 21-24, Block 2, Eagandale Center Industrial Park 44. FACTS: Professional Plastics, Inc. is requesting a 64.5 foot variance to the required 100 foot setback buffer where I-1 zoned property is across the street from It, A, or P zoned property. The variance is requested to allow construction of a parking lot on the south side of the proposed new building. The south edge of the parking lot is proposed to be 35.5 feet from the south property line abutting Yankee Doodle Road. All other building and parking setbacks meet code requirements. A four foot high landscaped berm is proposed along the south edge of the parking lot to screen it from the residential development across Yankee Doodle Road. Staff suggests that additional plantings be provided to achieve solid screening. This site contains a fair amount of significant oak woodlands, most of which are located in the eastern quarter of the site. The proposed development will result in removal of 93.6% of these significant woodlands. City code allows up to 47.5% of the significant woodlands to be removed without mitigation. Due to space limitations on this site, staff recommends a cash dedication of $29,879 to meet the tree mitigation requirements. Given the site constraints (significant woodlands, steep slopes and setback buffer requirements) the size of the proposed building may be too large for this site. Staff notes the adjacent lot to the north is also undeveloped and suggests that the applicant consider acquiring that lot which would allow modification to the site layout that could eliminate or reduce the setback variance and significantly reduce the cash dedication for tree mitigation. BACKGROUND/ATTACHMENTS: Staff report, pages4— �'" N.V. /3 i CO. HWY. NO. 28 (YANKEE DOODLE F Professional Plastics - Variance Zoning Map N •r C M C C a n C PLANNING REPORT CITY OF EAGAN REPORT DATE: June 27, 1996 CASE: 11-V-8-5-96 APPLICANT: Professional Plastics HEARING DATE: July 2, 1996 PROPERTY OWNER: ALSCOR Investors PREPARED BY: Julie Farnham REQUEST: Variance to 100 foot Setback Buffer LOCATION: Northeast intersection of Mike Collins Drive and Yankee Doodle Road COMPREHENSIVE PLAN: IND Industrial ZONING: I-1 Limited Industrial SUMMARY OF RE UEST Professional Plastics, Inc. is requesting a 64.5 foot Variance to the required 100 foot setback buffer where I-1 zoned property is across the street from R, A, or P zoned property. The applicant is requesting the variance to allow construction of a parking lot on the south side of the proposed building. The south edge of the parking lot is proposed to be 35.5 feet from the south property line abutting Yankee Doodle Road. The subject property consists of Lots 21, 22, 23, 24, Block 2, Eagandale Center Industrial Park #4 located at the northeast intersection of Mike Collins Drive and Yankee Doodle Road in the SE 1/4 of Section 11. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subd. 3, C states that the Council may grant a variance and impose conditions and safeguards therein if: 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. That granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. /38" Planning Report - Professional Plastics, Inc. July 2, 1996 Page 2 ODE REOUIREMENU City Code Section 11.20, Subd. 16.D.3. requires a minimum 100 foot landscaped setback buffer wherever an I-1 District is across the street from an "R", "A", or "P" District. The intent of this requirement is to ensure adequate buffering between residential or other low intensity uses and industrial uses. BACKGROUND/HISTORY Eagandale Center Industrial Park #4 Lots 21-24 have not been previously developed. These lots were part of a larger site (lots 17-24) that Hoovestol, Inc. proposed to develop last fall. That proposal was denied by the City Council due to concerns about the intensity of the proposed truck facility adjacent to residential development. Professional Plastics, Inc. is currently located in Silver Bell Center at Silver Bell and TH 13. The company was formed in 1987 and currently employs about 30 people. Professional Plastics is a light industrial production operation that will consist of about 1/3rd office space and 2/3rds high tech production and warehouse area. The company produces plastic systems and components for clean rooms, cleaning stations, semi -conductor handling equipment, environmental equipment, scrubbers, pumps, tanks and sinks. Their current location is not large enough to accommodate expansion, which utlimately is expected to more than triple the number of employees. Expansion will permit growth and diversification in current and future product lines. Professional Plastics has also recently applied for a $100,000 grant through the Minnesota Economic Recovery Fund grant program through the Minnesota Dept. of Trade and Economic Development. EXISTING CONDITIONS The site consists of four lots fronting on Mike Collins Drive. The applicant will be required to combine these lots into one tax parcel. The site is approximately 11,900 square feet (2.5 acres) in area. The property is undeveloped. Some significant oak woodlands exist on the eastern edge of the site which abuts the County compost site. Several poplars have grown up on the remainder of the site which appears to have been disturbed during construction of surrounding properties. Some slopes in excess of 30% exist along the east edge of the property which is heavily wooded. The remainder of the site is relatively level, sloping gently to the southwest. URROUNDING USES North - Industrial; zoned Industrial (I-1); guided Industrial (IND) South - Yankee Doodle Road and Wescott Square Townhomes; zoned Townhouse (R-3); guided Mixed Residential (D-111) East - County compost site; zoned Planned Development (PD); guided Industrial (IND) 139 Planning Report - Professional Plastics, Inc. July 2, 1996 Page 3 West - Industrial; zoned Industrial (I-1); guided Industrial (IND) EVALUATION OF REQUEST Professional Plastics, Inc. is proposing to construct a 38,715 square foot building and 96 stall parking lot on the property. Setback Variance - The proposed parking on the south side of building will encroach 64.5 feet into the required 100 foot setback buffer. As a result, the parking lot will be setback 35.5 feet from Yankee Doodle Road. The proposed building will be setback the required 100 feet from the south property line. All other building and parking setbacks meet code requirements. Given the size of the proposed building and the amount of required parking, there is no room to shift the building or parking to minimize the encroachment into the 100 foot buffer area. To screen the parking from Yankee Doodle, the applicant is proposing a 4 foot high planted berm to extend about half the width of the road frontage. The remainder of the Yankee Doodle frontage will be screened with existing woodlands, including a few significant oaks, augmented with additional landscaping. The new landscaping will consist of a mix of evergreen and deciduous trees and shrubs. Staff suggests that additional landscaping be provided on the berm to achieve solid screening of the south parking lot. Tree Preservation - Staff conducted a tree inventory and found this site contains 53,989 s.f. of significant woodlands. Most of the significant trees and woodlands are located on the east and south portions of the site. The proposed site plan reflects the minimum building and parking setbacks (30 and 5 feet, respectively) from the east property line. However, most of the significant woodlands and some steep slopes are located in the eastern quarter of the site. As such, the proposed development will result in removal of 93.6% of the significant woodlands. According to the Tree Preservation Ordinance, 47.5% of existing significant vegetation can be removed without mitigation. Mitigation requirements are 100 category B trees (2 1/2" caliper) OR a cash dedication of $29,879. Due to space limitations on this site, a cash dedication is recommended by forestry staff. Staff notes that the adjacent lot to the north (lot 20) is also undeveloped and suggests that the applicant consider acquiring that lot which would allow the site layout to be redesigned to minimize encroachment into the significant woodlands along the eastern property edge. It would also allow the setback from Yankee Doodle to be greatly increased, and possibly eliminate the need for the setback variance. HARDSHIP The applicant has not submitted a statement of hardship. It appears that the proposed site plan is intended to maximize development of the site. However, given the site constraints (significant woodlands, steep slopes and setback buffer requirements) the size of the proposed building may )VO Planning Report - Professional Plastics, Inc. July 2, 1996 Page 4 be too large for this site. The proposed use appears to be a lower intensity industrial use and may therefore be compatible adjacent to residential development. As such, reducing the setback buffer for the parking lot may not have a significant negative impact, provided adequate landscape screening is provided. SUMMARY/CONCLUSION Profession Plastics, Inc. is proposing to construct a parking lot that will encroach 64.5 feet into the required 100 foot setback buffer where an I-1 District is across the street from a R, A, or P District. All other building and parking setbacks meet Code requirements. The proposed parking is required to accommodate the proposed use, given the building size. Addition landscaping on the berm, in conjunction with existing vegetation, should provide adequate screening and buffering of the proposed parking lot to the townhome development across Yankee Doodle Road. The proposed development would result in removal of 93.6% of the existing significant oak woodlands. Mitigation would involve a cash dedication of $29,989. Because the proposed development maximizes the site, staff suggests that the applicant consider acquiring the adjacent undeveloped lot (lot 20) to the north which would allow modification to the site layout that could eliminate or reduce the setback variance and significantly reduce the cash mitigation. ACTION TO BE CONSIDERED To approve or deny a 64.5 foot variance to the required 100 foot setback buffer to allow construction of a parking lot on Lots 21-24, Eagandale Center Industrial Park #4. Approval is subject to the following conditions: 1. The developer shall combine all four lots into a single tax parcel at Dakota County. 2. The developer shall provide additional landscaping on the berm along the south edge of the parking lot. /V/ srpvrr J.S. POST 94 CO. ZO LOINE oAlt AO LOSE OAK Q.LGKW OR APOLLO ' 00AO I T ++K► Atq ' r r A. is �ia I ALDRIN OR. I , 'LL CT. , P TAMARAC 1. I Y I V —PT. NORWAY PT. I I I FOREST ROM TR MO NWOOD LA. REDWOOD PT. SPRUCE PT. Q ' Von DOODLE ROAD 5 1 :ed — � � CARRLICE' titLS #&. CALF CAG4SNr �I 24_o- LEARY PARK Ew T r LAK c rs v NO ` Er ox E �D sg Q C _ = a rtrr ; h t _ ARTNY PATRICK EAGAN LK—.— T u „RT nll ► s FARM P sr ,� CT. I C II c- r VERLOOK PL. SOUTI IM O sit f WESCOTT ROAD c I � LA4C r NORTMVEIM. < PARK Y u: a��p ' W21 + � I fR•. 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Olt ID up C, X \E Proposed Building For PROFESSIONAL PLASTICS INC. >1 z > Eagan, Minnesota f c cl O j! 7F 7,717- Tl V \E Proposed Building For PROFESSIONAL PLASTICS INC. >1 z > Eagan, Minnesota f c O j! 7F 7,717- Tl V \E Proposed Building For PROFESSIONAL PLASTICS INC. >1 z > Eagan, Minnesota f c III E) oil Proposed Building For -.1'. a PROFESSIONAL PLASTICS INC., Eagan, Minnesota 11,01 zz IN Agenda Information Memo July 2, 1996 A. CONTRACT 96-12. NORTHWOOD DRIVE ACTION FOR COUNCIL CONSIDERATION: To receive the bids and award Contract 96-12 (Northwood Drive - Streets & Utilities) and authorize the execution of all related documents by the Mayor and City Clerk. FACTS: At 10:30 a.m. on Friday, June 14, formal bids were received for Contract 96-12. Attached is a bid tabulation showing the relationship of the low bidder to the estimate contained in the feasibility report. At the June 18 Council meeting, in response to staff s request, the City Council continued consideration of receiving the bids and awarding the contract until the July 2 meeting. After further review of bids by staff, it has been determined that they are now in order for favorable Council action. ATTACHMENTS: • Bid tabulation, page�. Iy6 4750010 J�JW—I4-9b FRI I: IM SRFCOWSULTING P . 02 MIConsulting Group, Inc. Transportation ■ Civil - Structural - rnvironmcntal - Flanning - Traffic - Landscape Architecture a Parking EAGAN PROMENADE AREA CITY PROJECT NO. 694 CITY CONTRACT NO. 96-12 BID DATE: June 14, 1996 BID TIME: 10:30 a.m. CONTRACTORS TOTAL BASE BID 1. McNamara Contracting, Inc. $ 854,114.97 2. Northwest Asphalt, Inc. $ 877,808.25 3. Max Steininger, Inc. $ 918, 540.40 4. Shafer Contracting Co., Inc. $ 919,994.50 5. Bituminous Roadways, Inc. $ 964,101.90 6. Northdale Construction $1,037,956.49 Low Bid $ 854,114.97 Feasibility Report Estimate $ 914,370.00 Percent Over (+) Under (-) -7% Engineer's Estimate $ 924, 498.75 Percent Over (+) Under {-) -8% SRF Consulting Group, Inc. Ong Carlson F&rkway North, Suite: 150, Minneapolis, vtinnesom 55447-4443 Telephonc (612) 475-0010 • Fax (612) 475-2429 An l:rlmd (7)[1- rlenrilij !:ulpinyer /Vo? Agenda Information Memo July 2, 1996 - Eagan City Council Meeting A. CONDITIONAL USE PERMIT - MCG'S INC. ACTION TO BE CONSIDERED: To approve/deny a Conditional Use Permit for McG's Inc. to allow Motor Fuel Sales located at Lot 1, Block 1, Silver Bell Center Addition, 1969 Silver Bell Road in the SW 1/4 of Section 17. FACTS: ► McG's Inc. applied for a CUP to allow motor fuel sales in October of 1995. The applicant has resubmitted the application with significant changes that address concerns of the previous site plan. The current proposal includes 3 fuel pump islands with three pumps and a lighted canopy located directly west of the store. Access to the center is currently provided via two existing driveways from Silver Bell Road. The applicant is proposing to combine the two existing access drives to the center of Silver Bell Road into a single ingress/egress drive at the west end of the site. This driveway will provide a more efficient access to the site and reduce internal circulation conflicts between vehicular and pedestrian traffic of the center. Also, additional landscaping is proposed along Silver Bell Road to screen the gas pump area from adjacent properties. The 1995 application was denied by the City Council because the use was found to be too intense for the site and the proposed plan did not adequately address safety concerns regarding the location of the pumps and the traffic ingress and egress. The proposal was for 2 islands with four pumps and a lighted canopy at the west side of the store. In addition, two access drives were proposed that would have directed the internal circulation between the proposed pumps and the front of the store. The Advisory Planning Commission conducted a public hearing on this proposed Conditional Use Permit at its regular meeting on June 25, 1996, and recommends approval of the Conditional Use Permit subject to the 6 conditions in the APC minutes. ISSUES IN, Neighborhood representation testified that they are concerned with additional truck traffic, noise, smell and questioned the need for another gas station. BACKGROUND/ ATTACHMENTS: 4 APC Minutes, pages_ through. Staff Report, pages through) 1995 Site Plan Zoning Map CO / J SILVER BELL ROAD McG's - CUP - Motor Fuel Sales Zoning Map N C If C 1 k C I �• C r Z �C R • MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA NNE 251) 1996 PUBLIC HEARINGS CONDITIONAL USE PERMIT - MCG'S INC. Vice Chair Heyl opened the first public hearing of the evening regarding a Conditional Use Permit to allow motor fuel sales on Lot 1, Block 1, Silver Bell Center located on Silver Bell Road on the east side of McDonald's in the SWI/4 of Section 17. Planner Dorgan introduced this item. Mr. Dorgan highlighted the information presented in the City staffs planning report dated June 13, 1996. Mi. Dorgan noted the iy9 Page 2 June 25, 1996 ADVISORY PLANNING COUNUSSION background and history, the existing conditions and the surrounding uses of the subject property. The applicant was present as well as the applicant's planner, John Uban. Mr. Uban offered various diagrams indicating that the property area was under utilized and the purpose of the conditional use permit would be to extend gasoline operations as well as a canopy on the MCG's property. Mr. Uban indicated that through redesign of the area it would accommodate higher traffic and provide better service to the customers using the area. A resident of the area, Jeff Hall, 1940 Silver Bell Road was present and indicated his opposition to the proposed conditional use permit. Mr. Hall indicated that five gasoline stations exist within one mile and he did not believe that another gasoline station was necessary. Mr. Hall indicated that the proposed gas islands and canopy would be within 1,000 feet of residential property and that he believes it will have a detrimental affect on his property value as well as result in increased traffic and noise in the area. Another citizen Carl Hale was present and he indicated that he lives across from the Center. He further stated he supported the statements made by Mr. Hall and also expressed his opposition to the proposed conditional use permit. Mr. Hale indicated that he believed there were six gasoline stations rather than five within a one -mile radius of the Center and believed that the proposed service station and canopy would have a detrimental affect on his property value, particularly since the location would be very close to residential properties. Member Segal questioned Development Design Engineer John Gorder regarding the traffic study on Silver Bell Road as a result of the proposed improvement at the McG site. Mr. Gorder indicated that traffic count would be approximately 8,000 cars per day. Member Burdorf questioned the condition requiring the owner to unify the appearance of its trash and recycling center in the rear of the building. Member Segal believed this item should have been addressed as part of being a good neighbor and the applicant indicated that he would take all reasonable efforts to improve the appearance of the trash/recycling area. Vice Chair Heyl questioned the landscaping that would be undertaken by the applicant in connection with the proposal and the applicant's representative Mr. Uban indicated that there would be sufficient green space as well as trees with the approximate height of 12 to 14 feet. Vice Chair Heyl further questioned as to whether other gasoline stations in Eagan have similar proximity to residential neighborhoods. City staff responded that there are other gasoline stations that are as close or closer to residential neighborhoods. Member Segal questioned the design of the island and also the configuration of the canopy and City staff, namely John Gorder and Mike Ridley /S O Page 3 June 25, 1996 ADVISORY PLANNING CONMSSION responded that the applicant had revised the proposed configuration for internal circulation and reduced the number of service islands in an effort to comply with City staffs and Council's suggestions. Member Segal moved, Member Frank seconded, a motion to recommend approval of a Conditional Use Permit to allow motor fuel sales on Lot 1, Block 1, Silver Bell Center located on Silver Bell Road on the east side of McDonald's in the SW'/4 of Section 17, subject to the following conditions: 1. The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. 2. The property owner shall provide the City a plan to unify the appearance of the trash/recycling container storage in the service area behind the building. The C.U.P. shall be continually subject to the following conditions: 1. The property shall be maintained. 2. The applicant shall locate the existing utilities to ensure that they are not affected by the proposed improvements. 3. The property owner shall enter into a proof of parking agreement with the City. 4. All snow storage for the site shall be located on the Silver Bell Center property. All approved in favor /S/ PLANNING REPORT CITY OF EAGAN REPORT DATE: June 13, 1996 APPLICANT: McG's Inc. PROPERTY OWNER: Chaska Investment Ltd. Part. REQUEST: Conditional Use Permit CASE #: 17 -CU -16-5-96 HEARING DATE: June 25, 1996 PREPARED BY: Steve Dorgan LOCATION: Silver Bell Plaza Shopping Center, 1969 Silver Bell Road COMPREHENSIVE PLAN: Neighborhood Business (NB) ZONING: Neighborhood Business (NB) McG's Inc. is requesting approval of a Conditional Use Permit (CUP) to allow motor fuel sales at the Silver Bell Plaza Shopping Center located on Lot 1, Block 1, Silver Bell Center Addition, 1969 Silver Bell Road in the SW 1/4 of Section 17. City Code Chapter 11, Section 11.40, Subd. 4, C states: 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. Planning Report - McG's CUP June 17, 1996 Page 2 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. Silver Bell Center received final plat approval in February 1978 and the building was built in 1979. The space currently occupied by McG's had previously been occupied by PDQ, which leased the space for the previous 15 years. On March 21, 1989, PDQ received approval for a CUP to allow motor fuel sales. The permit was to allow two fuel pump islands and a canopy located directly south of the center along Silver Bell Road. The applicant did not proceed with the use of motor fuel sales and the CUP ultimately expired. McG's Inc. applied for a CUP to allow motor fuel sales with four pumps and a canopy in October of 1995. The plan submitted included two islands with a total of four pumps and lighted canopy on the west side of the building. The CUP was denied by -the City Council on December 5, 1995, because the use was found to be too intense for the site and the proposed site plan did not adequately address safety concerns regarding the location of the pumps and the traffic ingress and egress. Four Eagan residents attended the neighborhood meeting held on June 12. Concerns included; traffic volumes on Silver Bell Road are currently heavy and the gas station will increase the congestion, there are currently too many gas stations in the area, snow removal and storage from the center is effecting the residential properties, and the current truck traffic entering and leaving the center is causing traffic problems on Silver Bell Road. The 6.5 acre lot contains a 40,100 SF shopping center with 243 parking spaces. The parking lot is paved and has curb and gutter with several landscaped islands. Access to the site is provided by two driveways on Silver Bell Road; there is no access to the site from Highway 13. Currently, there are 12 tenants in the center and 1 vacancy. Existing center signage includes an identification and time/temperature pylon sign along Highway 13 and a ground sign identifying the center on Silver Bell Road. /S3 Planning Report - McG's CUP June 17, 1996 Page 3 The service drive located along the rear of the center provides exterior storage of individual tenant trash/recycling containers. The storage appears disorganized and generally untidy including blowing trash and overflowing dumpsters. The following existing uses, zoning and comprehensive guide plan designations surround the subject property: North - vacant land; zoned R-3 and guided D -III (6-12 units/acre) South - residential apartments and 3 single family homes; zoned R4 and R-1 and guided D -III (6-12 units/acre) East - residential apartments; zoned R-4 and guided D -IV (12+ units/acre) West - McDonalds Restaurant; zoned GB and guided NB Including the current application, the City has received three separate CUP requests for a motor fuel sales use on this site. The first application submitted in 1989 was approved and the second request in November of 1995 was denied. In 1989, PDQ received approval of a CUP for motor fuel sales at the proposed site. The proposal was to allow two fuel pump islands with a total of four pumps and a 42' x 52' lighted canopy at the south end of the center directly adjacent to Silver Bell Road. Access to the site was to be provided by two drives located at the east property line and at the center of the site. The pumps were never installed and the CUP expired. McG's was denied a request for a CUP for motor fuel sales in December of 1995. The proposal was for a 24 hour a day operation. The request included two fuel pump islands with a total of four pumps and a 50' x 52' lighted canopy in front of the store to the west. The two existing access drives were proposed to remain with minor modifications. The City Council found that the proposed internal drive and parking reconfiguration did not adequately address the pedestrian and vehicular traffic on the site The present application by McG's addresses concerns of the previous site plans. The convenience store is currently open 24 hours a day. With the addition of the motor fuel operation, the applicant is proposing to continue a 24 hour a day operation. The proposal includes the addition of the three fuel pump islands for a total of three pumps and a 28' by 82' lighted canopy located in front of the store to the west. Other alterations proposed to the site include a combination of the two separate access drives into one ingress/egress. The drive is proposed to be located at the west property line along Silver Bell Road. The parking lot and internal drive is also scheduled to be reconfigured to accomodate the proposed access drive and fuel pump canopy. 1-5� Planning Report - McG's CUP June 17, 1996 Page 4 Architecture - The proposed canopy will be 82 feet long and 28 feet wide and 18' 6" high. Vertical clearance will be 14' 6". The narrow end of the canopy will face the residential properties to the south. The canopy is proposed to be lighted with signage on the north and south elevations. -Sianage - One sign is proposed for each of the north and south elevations of the proposed canopy. The Sign Code allows signs up to 20% of the gross area of a building elevation adjacent to a public street. The proposed canopy will be allowed signage on the north side of the canopy facing Highway 13 and along the south side facing Silver Bell Road. Setbacks - The proposal complies with all the building and parking setback requirements. The edge of the canopy will be 90 feet from the front property line along Silver Bell Road and 118 feet from the side property line adjacent to McDonalds. Reconfiguration of the proposed parking lot will result in a minimum setback of 10 feet to the side property line to the west and a minimum of 28 feet to the south property line adjacent to Silver Bell Road. Parking - Based on the 40,100 SF shopping center, the City Code requires 233 parking spaces. There are currently 243 parking spaces on site; however, the addition of the gas pumps and the reconfiguration of the internal drive will result in 213 parking spaces. With the credit of 6 parking spaces for the gas island and the 18 spaces provided as proof of parking, the net total parking will be 237 spaces, which is 4 above the 233 required by code. There is no history of parking problems associated with the shopping center, therefore; the number of parking spaces provided should be sufficient for the proposed uses. Fighting - The lighting proposal includes the removal of two 35 foot light standards in the parking lot at the south end of the shopping center. The applicant is proposing to relocate one of the 35 foot standards to a median in the parking lot further north away from the residential properties to the south. In addition, four 18 foot "shoe box" style light standards are proposed for the entrance and parking area along Silver Bell Road. The "shoe box" style light standard is typical of residential lighting designs having minimal spillage. The proposed fuel pump canopy will be lighted, however, there should be not net increase of spillage to the adjacent residential properties. Landscaping - The applicant is proposing additional landscaping on the boulevard along Silver Bell Road to screen the gas pump area from adjacent residences. The applicant is also proposing flower planters on the outside fuel pump islands. Access/Circulation - Access to Silver Bell Center is currently provided via two existing driveways on Silver Bell Road. The site plan shows the removal of the east driveway and the relocation of the west driveway approximately eight feet to the east. The west driveway is also proposed to be widened to 42 feet with one ingress lane, two egress lanes and a median. This driveway entrance will provide access to McG's as well as all of Silver Bell Center and will reduce the amount of potential conflicts between gas pump patron pedestrian traffic and vehicle traffic patronizing the rest of Silver Bell Center. 1sr Planning Report - McG's CUP June 17, 1996 Page 5 Grading - The applicant is not proposing any grade changes on the site other than the construction of the gas pumps, canopy and access drive. Utilities - The site is already served by sanitary sewer and water. The relocation of a private hydrant will be needed to accommodate the removal of the existing parking island on the south side of the proposed gas pump area. Storm Drainage - The project will not require alteration to the existing storm drainage system. Motor fuel sales requires a Conditional Use Permit in the Neighborhood Business zoning district of the City. The motor fuel sales use and the proposed internal circulation works on this site. The combination of the two access drives and the reconfiguration of the internal drive will result in a much safer flow of vehicular and truck traffic to and from the site when compared to the previous plans. The proposed lighting plan should not change the amount of lighting spillage presently occurring onto the adjacent residential properties. The property owner should provide a plan unifying the appearance of the trash/recycling containers behind the center and ensuring the ongoing maintenance. To approve/deny a Conditional Use Permit for McG's Inc. to allow Motor Fuel Sales located at Lot 1, Block 1, Silver Bell Center Addition, 1969 Silver Bell Road in the SW 1/4 of Section 17. If approved, the CUP shall be subject to the following conditions prior to issuance of a conditional use permit: 1. The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. 2. The property owner shall provide the City a plan to unify the appearance of the trash/recycling container storage in the service area behind the building. The C.U.P. shall be continually subject to the following conditions: 1. The property shall be maintained. 2. The applicant shall locate the existing utilities to ensure that they are not affected by the proposed improvements. 3. The property owner shall enter into a proof of parking agreement with the City. 4. All snow storage for the site shall be located on the Silver Bell Center property. /s6 FINANCIAL OBLIGATION - 17 -CU -16-5-96, Lot 1, Block 1, Silver Bell Center There are pay-off balances of special assessments totaling $0 on the parcel for which the conditional use is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. 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 the connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amoamt Storm Sewer Trunk C/I .118/s.f. 140,400 s.f. 16,567 This financial obligation is presented for informational purposes. It is not a condition for the approval and issuance of the conditional use permit. /S � xL 0 vi of W IU � 1,i • w � 1L Qr Q - • �' ; � _ dpi :. Q :::::..::. k�................ 'y :tiR:: .. .. �V • •. .•U •,. ...................................... . . TO ..... + ... .•: fit' � _ � �, •^ �� �'" � '..Jf I 0 F v� a �o N WWW V J a z J d' — `fill QT, i I }.4 JUJU /r WATUt AW man oEERCDR. •� • � Boa ti� � ' i ,n HAZEL S? QAC SLvvt BELL v+ BEIl l w r`� r / r 9 MARI� � 4. �•k C rl g _' � �� PC WD + LOCATION /5/? �- r-y YMMIM ( ^ / AiaC ,i :Ar, �' i�r ►f/�00M'LAfbc i ii1 FACLrrY �. CM 1 NAMT. FACLrr AW man oEERCDR. •� • � Boa ti� � ' i ,n HAZEL S? QAC SLvvt BELL v+ BEIl l w r`� r / r 9 MARI� � 4. �•k C rl g _' � �� PC WD + LOCATION /5/? �- r-y YMMIM ( ^ / AiaC ,i :Ar, �' i�r ►f/�00M'LAfbc i ii1 elf 'WE qu cn �� iiLII i � tz, �e a � �' I 0 l; U3 9 191 0 I 1 L - D� IN EXHIBIT A J m m I Z EXH I BIT B w Al bq I _ 1l IIII IIII IIII II IIII Illi IIII ° IIII �I IIII U X f1 1111 N � � I IIII IIII IIII . 1 IIII' II IIII IIII IIII' � �� IIII IIII IIII' U� IIII IIII O i oo IIII IIID � IIII=1111 O � `�v —1111' O w CD i lil{ 1111 Ilii � 0 � � `� II IIII 1111 Ilil : -O L—� re l (� IIII IIII ' L -L Rozo IIII. IIII 11=_IIII_= IIII=1111 �IIII,;,,IIII !1 Iill IIII IIII ' P IIII 11 IIII _ II IIIII�111111' o � IIIIIIIiIIII coD c U� i /0 E JLn•1 17 '96 04: JGPM P.2 T 4 2 - 0.- N.- Q ••t. w n a O O O D v u I•. a .Oi O O O Y .. O C • n O C 0 O ,••��• v y a• n n e O O O G c Y c e e w n p O L a a e �. � n C •�•.p •y p C` v r Y O O •+ • • O O O O a u .. a O O O O "`• w • O p 1 '�I r r • • � . A a Y 1„I P w w R D ! O O � 1 1 w —• w -` h r ���•I III ' Til � 1 i d I r•�r•" � I w : w tl�� 1' �., I tI � f. •� f R r • • 7 r P" w 1 1 C O v • I - 1 w w • • • w - f+ O O a � r n eT �-- �T • • - r � � r�r =� � - p v o GeV ` r r • r. w • • w .. F w F - w o p O 1 w . n f •. I. r • . w - • w . F w !E • .• s � � w 1. ■ w �r s a.� . � w w •± D�+ •�J �r• w hf - w n O O ••� w r w w `I•� ��� r = .. •�• N N • w r f N N y •mow, • • r .. w A f w w w r r w • N � O O O r O • • r w f • A • • w r w f . w '• ••.•- w• •i•\ w � • w h w = w r w`1. •� 1` •� � w A O O J w w N = . A N • w • � l � N N • w . w • w \ wr• / �/ ■ w • • N . r. O IF O '- • ,• N •. w f w `1`��.� • Y r w _ r w w + r\ n O p O e Y Y �• n D O O a u Y O O y y .• w n O O -p u V O H w_ n O p O V .. n O 0 O Y Y a Y w m x W I it �llO.Gl0.1'�•OOIOt— •� � +•vi..p 1ra�.aroa w 2 a• Z I i ar.�JiLJr, lk w _ � 0 Ilk Y kF LL 10 u Ak .�.. Ar a 612 7 5601 06%25%96 11:52 $612 337 5601 DSL', INC. JUN 21 '96 12:45PM ACME N.A. BEi SHOOF & ASSOCIATES, INC. TRANSPORTATION ENGINEERS AND PLANNERS 730.1 OHMS LANE. SUITE 800 / EDINA. MN 55439/ (612) 832-98581 FAX (612) 832_6564 June 20, 1996 MEMORANDUM TO: Ted Tinker, Chaska investments FROM Ion Micheal a esu RE: Traffic Analysis for Silver Beit Center Q 003:007 P.2 REFER TO FILE: 95-64 This memorandum documents the traffic findings regarding the Silver Bell Center Iocated in the City of Eagan. The traffic findings include existing traffic counts and a trip generation comparison for shopping centers of comparable size. Existfnp-TmMc Count Data Enclosed are three pages of traffic count data collected this past week at the Silver Bell Center. Thesc traffic counts were collected at the two existing driveways and represent trips in and out of the site. It should be noted that one vehicle will generate two fps one trip in and one trip out_ The key traffic data are summarized in Table 1. Table 1 Existing SOver Bell Traffic Data Time period_ Trips Peak Weekday rids 2702 Peak Weekday Hour(Tuesday,6.7 .m. 255 Peak Saturday 2323 Peak Saturday Hour 2-3 .m. 188 /6� EXHIBIT G 612 5601 06%2596 11:52 $612 337 5601 DSU. INC J7JN 21 '96 12:45PM ACME N.R. Mr. Tinker Arid Generation Corniparison Q 004/007 P.3 -2- June 20, 1.996 It is important to understand how the existing trips for the 40,000 square foot Silver Bell Center compare to other similar shopping centers. For this comparison the above Table 1 trips were compared to the standard national trip generation rates published by the Institute of Transportation Engineers'. The trip generation for a typical 40,000 square foot shopping center is presented in Table 2 along with the existing Silver Bell Center trips from Table 1. Table 2 Trip Generation Comparison As noted in Table 2, the existing Silver Be Center trips are significantly less than the trip generation for a typical retail neighborhood shopping center. Enclosures: Silver Bell Center Trak Count Data (3 pages) ' T - d; GenmWca Iasd= of Transporudon Fngirmm 5th Edition, 1991. Typic4 Ezis9—in g 40,000 sq. ft. Silver Bell Shopping, Center Trip Percentage Time period Center Tris Difference Difference Peak Weekday 39861 2702 -1255_ -320/a Peak WeekdayHour 3661 255 -111 -30% Ptak Saturday 51441 2323 -282I -551ye Peak Saturday Hour 497 188 -309 -62% As noted in Table 2, the existing Silver Be Center trips are significantly less than the trip generation for a typical retail neighborhood shopping center. Enclosures: Silver Bell Center Trak Count Data (3 pages) ' T - d; GenmWca Iasd= of Transporudon Fngirmm 5th Edition, 1991. 612 733 5601 06.25%96 11:53 *&612 337 5601 DSU. INC. JUN 21 196 12:45PM RCME N.R. rr • Benshoof & Associates, Inc, fM00S- 00; P. 4 0&19191 /0/ Page 1 of 3 51LVER SELL CENTER TRAFFIC COUNT FOR BOTH DRIVEWAYS Begin Thursday Friday Saturday Sunday Monday Tuesday Wednesday Time 6/13196 6114/96 6115196 _ FJi8/96 6/17/98 8/18/98 6/19/960 Ayera_pe Y6 43 48 24 25 18 32 100 26 31 38 28 13 20 26 200 10 16 22 12 9 4 12 300 8 23 10 5 8 4 9 400 22 15 10 19 17 18 17 500 46 26 14 41 49 52 38 800 100 25 33 92 85 90 71 700 109 62 35 130 95 111 90 Soo 94 80 48 109 104 87 900 103 120 64 93 91 m 1000 127 141 94 87 95 109 11w 142 141 102 142 132 132 1200 202 167 98 123 149 147 1300 164 151 76 117 148 131 1400 148 188 110 105 121 134 1500 128 134 104 116 141 125 1600 224 143 124 169 238 178 1700 204 166 104 214 255 1$7 1800 153 201 137 113 220 244 186 1900 186 192 126 138 131 185 155 2000 130 151 146 as 119 155 131 2100 130 137 101 73 84 127 109 2200 60 78 92 71 63 s9 71 _ 2300 59 _ so— 57 41 40 52 30 Dally 720 2702 2323 1676 2273 2559 317 2324 /0/ Page 1 of 3 612 337 5601 061,25.96 11:53 e612 337 5601 DSL. INC. X1006.007 JUN 21 196 12:46PM ACME M.A. P.5 Benshoof & Associates, Inc. OWIW96 51LVER BELL CENTER TRAFFIC COUNT FOR NORTH DRIVEWAY B4t3in Thursday Friday Saturday Sunday Monday Tuasday Wednesday Mmo &13/M - 6/14!96 8/15/96 6/18!96 6/171M Ri,Nro= C14AMA Q g 9 10 - - 2 -- • - - - a _ .... -- 2 Q;z6 7 100 14 4 9 10 3 3 7 200 3 0 3 1 0 2 2 300 2 4 4 2 2 0 2 400 7 1 1 4 3 1 3 sw 4 2 4 5 1 1 3 500 5 3 2 12 9 6 6 700 25 10 7 24 16 20 17 800 14 17 2 19 19 14 90Q 26 21 10 20 18 19 1000 33 38 17 22 19 25 1100 27 38 10 34 44 31 1200 47 41 13 35 39 S6 1300 43 37 16 31 49 35 1400 37 47 24 27 26 32 1500 40 29 16 2Q 33 29 1600 49 32 29 45 74 46 1700 47 29 33 63 60 46 1800 43 31 28 53 67 44 1900 34 54 14 33 35 43 36 2000 37 39 25 27 46 49 37 2100 27 43 18 19 21 34 27 2200 14 12 14 4 5 13 10 2300 11 12 _ 19 S 6 6 10 Daily 123 635 483 329 548 636 35 524 1;41�e Page 2of3 61 5601 06%25%96 11:53 $612 337 5601 DSU, INC. 007=007 JUM 21 196 12:46PM ACME N.A. P.6 8enshoof & Associates, Inc. OG119/9 5ILVER BELL CENTER TRAFFIC COUNT FOR SOUTH (MAIN) DRIVEWAY Begin Thursday Friday Saturday Sunday Monday Time 6113/96 5/14/96 6/15/96 6/16/56 6/17/96 Tuesday Wednesday 8/18/96 6/19/96 0 27 34 36 22 17 16 25 100 12 27 29 18 10 17 19 200 7 1s 19 11 3 2 10 300 6 19 6 3 4 4 7 400 15 14 9 15 14 17 14 500 42 24 10 36 48 51 3s 600 95 22 31 80 78 64 63 700 84 52 28 106 80 91 74 800 80 63 46 90 85 73 900 77 99 74 73 73 79 1000 94 103 77 65 76 83 1100 115 103 92 108 as 101 1200 155 126 83 88 110 112 1300 121 114 60 86 99 96 1400 111 141 Be 78 95 102 1500 68 105 88 90 108 96 1600 175 111 95 114 164 132 1700 157 127 71 151 195 140 1800 155 M 106 87 167 177 142 1900 152 138 112 105 96 112 119 2000 93 112 121 69 73 106 94 2100 103 94 83 54 83 93 82 2200 46 66 78 67 58 46 so 2300 48 38 3 33 34 46 40 Daily 597 2087 1840 1347 1725 1923 262 1799 10;21 Page 3 of 3 ' It N DE"IAL i I Lr � w- io Soo \- -- Ua ~ ♦♦ �" Lsl ♦ 4• ♦ ti �\ L O C E9 _oPicn LU tea.• .�♦♦ • : �' 9 n ` \ 1/1 fppftt •� . .. �. t♦/ a l •:,\ O . DE"IAL Agenda Information Memo July 2, 1996 Eagan City Council Meeting B. PLANNED DEVELOPMENT AMENDMENT - ARCHTTECTRONIX, INC. ACTION TO BE CONSIDERED: To approve or deny an Amendment to the Preliminary Planned Development for Lot 4, Block 2, Eagan Promenade. FACTS: ► Architectronix, Inc. is requesting an amendment to the Eagan Promenade Preliminary Planned Development to allow construction of a Stuart Anderson's Cattle Company restaurant that deviates from the development conditions stipulated in the Preliminary PD Agreement regarding outdoor dining and signage. ► The site is one of three lots earmarked for restaurant uses encircling the South Plaza of Eagan Promenade. The South Plaza, as proposed on approved preliminary plans, includes a large water fountain/pond surrounded by a patio area for abutting restaurants to utilize for outdoor seating. ► The development conditions state that "Final Planned Development Plans ... for the South Plaza ... shall include warm weather seating areas or similar physical amenities". The intent of this requirement was to allow and encourage direct interaction between the restaurant patrons and the plaza by providing outdoor restaurant seating. This is reflected on the approved preliminary plan which depicts tables on the plaza outside of each restaurant. The site plan submitted for the Cattle Company restaurant does not include outdoor restaurant seating. Instead, the site plan includes raised planters with seat caps attached to the south facade. There are also a few planters around the fountain that the applicant states could be used for outdoor seating. The south building facade also includes a single door to allow direct access from the restaurant to the plaza. The applicant has indicated that their restaurant program does not include outdoor dining. The key question is whether planter seating is in keeping with the intent of the outdoor seating requirement in the Preliminary PD Agreement. ► The proposed plans include a restaurant logo sign above the main entrance which faces west. Signage on the east and west faces is not allowed under the Preliminary PD Agreement. An amendment is required to allow a sign on the west facade. The south building facade includes a mechanical closet with three pairs of vented metal service doors facing onto the plaza. The applicant states that none of the mechanical equipment produce any significant noise or heat. However, staff has concerns that service doors could detract from the aesthetic quality of the plaza. /�3 ► All other aspects of the proposed restaurant design generally comply with the requirements of the Preliminary PD Agreement with some minor modifications. ► The Advisory Planning Commission conducted a public hearing on the proposed Amendment to the Preliminary PD Agreement at its regular meeting on June 25, 1996. ► The Commission, on a 4-1 vote, recommended denial of the request due to concerns about the proposed deviations from the Preliminary PD Agreement that compromise the original intent of the South Plaza and concerns about the potential to set a precedent that would make it very difficult to get subsequent developments to conform to the standards in the Agreement. ISSUES: ► Representatives from Opus and Stuart Anderson's Cattle Company indicated that they believe the intent of the outdoor seating requirement could be met with the provision of benches and/or tables without mandating that the restaurants serve food outside. The Opus representative stated that Opus would be willing to provide tables. Some Commission members expressed concern that if the restaurants did not actively support and utilize the plaza area for outdoor dining the plaza will not fulfill its intended function. Other Commission members felt the plans should reflect outdoor seating now to ensure it fits into the overall design when constructed. Several Commission members stated that they recall discussions about outdoor seating and felt that outdoor dining was intended and desired for this plaza. ► Representatives of Opus and Stuart Anderson's suggested concerns about the aesthetics of the south facade could be resolved by placing an awning above the service doors to "soften" its appearance and/or installing landscape screening. They also suggested making the access door glass rather than a solid metal door as proposed on plans submitted. ► Several Commission members stated that it appears the proposed development does not fit very well on this site. Concerns were raised about using a prototypical design that does not allow much flexibility on a site that has such unique characteristics. ► Following the APC meeting, staff received a letter from Tim Murnane of Opus, stating his concerns and disagreements with issues raised in the staff report and at the APC meeting. A copy of the letter is attached. REVISIONS: ► Since the APC meeting, the applicant has indicated that they intend to change their development plans to include outdoor dining. They also plan some modifications to the south facade including: relocating the mechanical room and vented doors to the east facade and installing a glass door to provide direct access to the plaza from the restaurant. A solid service door to a storage room for equipment relating to the outdoor dining will also be located on the south facade. An awning will be placed over it to soften its /7Y appearance. BACKGROUND/ATTACHMENTS: APC minutes of June f 1996, pages through/ Staff report, pages Mhrough I" Letter from Tim Murnane, pages "' through /71 Page 4 June 25, 1996 ADVISORY PLANNING C0NIIvIISSION PLANNED DEVELOPMENT AMENDMENT ARCHITECTRONIX, INC. Vice Chair Heyl opened the next public hearing of the evening regarding a Planned Development Amendment for Lot 4, Block 2, Eagan Promenade for a Stuart Anderson's Cattle Company restaurant located on the north side of Yankee Doodle Road in the SV2 of Section 10. Planner Farnham introduced this item. Ms. Farnham highlighted the information presented in the City staffs planning report dated June 17, 1996. Ms. Farnham noted the background and history, the surrounding uses and the existing conditions of the subject property. Ms. Farnham also noted that there were several areas of concern that the City staff deviated from the Preliminary Planned Development Agreement submitted by Opus. Areas of concern were the lack of outdoor dining areas, location of mechanical doors on the south building facade and signage deviations. Because of these deviations, City staff believed an amendment to the Preliminary Planned Development Agreement was necessary. Doug Lipkin, Project Manager for Stuart Anderson's Cattle Company, responded to concerns about outdoor dining, stating that it is not a concept that the restaurant uses. Member Frank commented on the site plan indicating that the dimension of the lot, namely a diamond shape, presents a challenge as to the location of the restaurant on the property. Member 'Burdorf believed that the City Council and others were left with an impression that there would be outdoor seating and dining in connection with the Eagan Promenade development and the accompanying restaurants. Tim Murnane, a representative the developer, Opus Corporation, was present and indicated that he believed that City staff has misstated the intent of the Development Agreement. He believes that there is a requirement to provide outdoor seating but no requirement to provide outdoor dining. Mr. Murnane indicated that Opus Corporation would be willing to provide outdoor tables but believed it would be an unreasonable requirement to demand that the restaurants provide outdoor dining and believes that this is a business decision that is best left to the restaurants. John Rix, Architect for the applicant, was present and discussed the proposed changes as identified in the planning report. Member Schindle questioned whether the mechanical doors could be moved so as to not face the outdoor dining area. The applicant's representatives indicated that they preferred not to move the doors and instead would propose an awning over the doors or /9./:7 Page 5 June 25, 1996 ADVISORY PLANNING CONMUSSION screening to make them more aesthetically pleasing. Member Segal indicated that because this is the first restaurant to make this request, he believes the Commission as well as the Council must determine whether there will be outdoor dining in the Promenade area. The applicant's representatives indicated that they would be willing to provide a glass door leading out to the plaza area and plan for outdoor dining at a later time rather than to formally commit to outdoor dining now which they believe would be unprofitable. Planner Freese indicated that outdoor dining, including table and chairs, was represented to the Council in the Development Contract and the accompanying Exhibits. Vice Chair Heyl confirmed that outdoor dining was discussed and believes it was represented to the Council. Member Burdorf stated that this is a major deviation from the Development Contract and believes that it is not within the spirit and the intent of the Development Contract. Member Burdorf moved, Member Segal seconded, a motion to recommend denial of a Planned Development Amendment for Lot 4, Block 2, Eagan Promenade for a Stuart Anderson's Cattle Company restaurant located on the north side of Yankee Doodle Road in the S'h of Section 14. All approved in favor except Member Schindle opposed. PLANNING REPORT CITY OF EAGAN REPORT DATE: June 17, 1996 CASE #: 10-RZ-12-6-96 APPLICANT: Stuart Anderson's Cattle Company HEARING DATE: June 25, 1996 PROPERTY OWNER: Opus PREPARED BY: Julie Farnham REQUEST: Amendment to Preliminary Planned Development LOCATION: Lot 4, Block 2, Eagan Promenade COMPREHENSIVE PLAN: CA Central Area ZONING: PD Planned Development SUMMARY OF REQUEST Stuart Anderson's Cattle Company is requesting an amendment to the Eagan Promenade Preliminary Planned Development to allow construction of a restaurant that deviates from the requirements stipulated in the Preliminary Planned Development Agreement. The proposed restaurant will be located on Lot 4, Block 2, Eagan Promenade. AUTHORITY FOR REVIEW The Preliminary Planned Development Agreement for Eagan Promenade, approved April 8, 1996, sets forth the requirements for development of individual lots within Eagan Promenade. Section II of the Agreement, entitled General Provisions, states "Each Lot Owner agrees that development of its Lot shall be subject to the development conditions for approval of a final planned development plan as the same may effect development on each respective Lot." The Agreement stipulates development conditions to guide development on individual lots. If development plans for individual lots substantially comply with the Agreement, a Final Planned Development Agreement can go directly to the City Council for approval. Plans that substantially deviate from the development conditions require an amendment to the Preliminary Planned Development Agreement which requires a public hearing before the Advisory Planning Commission and approval by the City Council. If an amendment is approved, the Final Planned Development Agreement can then be forwarded to the City Council for approval. FACKGROUNDIHISTORY The applicant's proposal for a Stuart Anderson's Cattle Company restaurant on Lot 4, Block 2 was initially submitted as a Final Planned Development. However, staff believes the proposed site plan deviates enough from the intent of the development conditions in the Preliminary Planning Report - Cattle Company June 25, 1996 Page 2 Planned Development Agreement to warrant review as an amendment to the Preliminary Planned Development. EXISTING CONDITIONS The subject site is 85,098 s.f. (1.95 acres) in area. It is one of three lots earmarked for restaurant uses encircling the "South Plaza" of Eagan Promenade. The South Plaza, as proposed on approved preliminary plans, includes a large water fountain surrounded by a patio area for the abutting restaurants to utilize for outdoor seating. The building on Lot 4 will be located on the north side of the fountain and front onto the parking lot. This is the first development proposal on any of the lots around the South Plaza. According to the staging requirements in the Preliminary PD Agreement the South Plaza will be constructed with development of the first building constructed on any of the surrounding lots (Lot 3, 4, or 5, Block 2). Opus will construct the fountain and clock tower. Subsequent lot owners will install the plaza pavement using materials consistent with approved plans. 51IRROUNDING USES The following existing or proposed uses, zoning, and comprehensive guide plan designations surround the subject property: North - Eagan Promenade in-line center and parking lot; zoned PD; guided CA South - Yankee Doodle Road; Eagan Town Centre; zoned PD; guided CA East - Proposed restaurant, bank and video store; zoned PD; guided CA West - Proposed restaurant; zoned PD; guided CA EVALUATION OF REQUEST The applicant is proposing a 6650 s.f. Stuart Anderson's Cattle Company restaurant on this site. The preliminary planned development agreement allows a restaurant up to 7500 s.f. on this site. The main entrance to the restaurant will be at the northwest corner of the building which should be easy to see from the parking lot. The proposal does not include any outdoor restaurant seating. Instead, the site plan submitted includes raised planters with seat caps attached to the south facade. There are also a few planters around the fountain that the applicant states can be used for outdoor seating. There are some windows on the south facade where patrons can view the plaza area and a single door providing access to the plaza directly from the restaurant. The lack of outside restaurant seating is the primary deviation from the development standards in the Preliminary PD Agreement. The development conditions state that "Final Planned Development Plans .... for the East Plaza and the South Plaza ... shall include warm weather seating areas or similar physical amenities". The intent of this requirement was to allow and encourage /79 Planning Report - Cattle Company June 25, 1996 Page 3 direct interaction between the restaurant patrons and the fountain/plaza by providing outdoor restaurant seating. As originally presented and approved, the South Plaza and fountain were intended to function as a focal point for the surrounding restaurants; both visually and physically. The preliminary plan conceptually illustrates tables outside of each restaurant that are integrated with the overall plaza design and respond to its function as a gathering place. As proposed on plans submitted, restaurant patrons would access the plaza via a sidewalk along the west side of the building or through a single door on the south facade. The key question is whether the proposed site plan is in keeping with the intent of the outdoor seating requirement in the Preliminary PD Agreement. Staff also has concerns with the orientation of the proposed building. In particular, the south building facade includes a mechanical closet with three pairs of vented metal service doors facing onto the plaza. The closet contains a water softener, water f lters, water heater and water storage tank. The applicant states that none of the equipment in the mechanical closet produce any significant noise or heat that would negatively impact the outdoor seating area. While the doors will be painted to match the adjacent wall finish (cream color stucco), they are still clearly recognizable as service doors. There is not enough space to provide a planter or screen in front of the service doors. Staff has concerns that service doors on the facade facing the plaza could detract from the aesthetic quality intended for this outdoor focal point and impact its function for other restaurant users. Proposed signage also deviates from the Preliminary PD Agreement. While the primary signage will be on the north and south facades as stipulated in the Agreement, the applicant is also proposing to place the restuarant logo above the main entrance which faces west. The restuarant logo is defined as a sign in the sign guidelines and signage on the east and west facades is not allowed under the Agreement. Consequently, an amendment is required to allow the proposed logo on the west facade. In terms of size, the proposed wall signs are within the limits established in the Agreement. No monument signs are allowed (or proposed) on this site. Instead, a panel sign in the clock tower is proposed which conforms with the Agreement. All other aspects of the proposed restaurant design (e.g. landscaping, building materials, trash receptacles, lighting) generally comply with the requirements of the Preliminary PD Agreement as follows: Parkin Access - The proposed site plan includes 139 parking spaces. This is consistent with the approved master site plan and exceeds the Code requirement for 87 parking spaces. Staff notes that the overall site parking includes cross -parking to accommodate other users. Landscape Plan - The proposed landscape plan is generally consistent with the master landscape Planning Report - Cattle Company June 25, 1996 Page 4 plan with a few minor modifications. The plan needs to clearly distinguish between the landscaping Opus will provide and that which the applicant will provided. More clarity is also need regarding the details of the proposed free-standing planter boxes and whether decorative metal fencing will be provided around the plaza area. The proposed ground cover in the large open areas will be replaced with grass sod as shown on the master plan. Building Materials - The proposed building materials meet the requirement that 75% of the exterior consist of brick, stucco, metal and glass. The proposed materials include: brick wainscotting, cream colored stucco walls, red -brown colored standing seam metal roof at the entry and above the service area, tan colored accent trim, and red cloth awnings. The only issue with the materials is that the Preliminary PD Agreement does not provide any design parameters for awnings. The concern is that several potential developments on the outlots and within the center are proposing awnings of different colors and fabrics. Staff is asking Opus to establish some parameters to ensure awning design cohesiveness as part of the Architectural Guidelines for the development. Consequently, the awnings should not be considered at this time. Instead, the awnings will be considered with the Final PD Agreement, at which time, design parameters should be established which the awnings will need to conform with. Trash/Recycling Enclosure - The trash enclosure is proposed to be attached to the east facade. It will consist of the same materials as the primary building. It will be covered with a standing seam metal roof. The service driveway will consist of black colored concrete to blend with the adjacent asphalt paving. Lighting - Four decorative light fixtures are proposed adjacent to the front sidewalk. These are consistent with the master lighting plan. Ten landscape lights are proposed around the building. These will be mounted close to the ground in landscaped areas and will shine up onto the building. Five up lights are proposed to light the south facade. These will be recessed into the plaza pavement. (These may be replaced with building mounted lights.) While these smaller lights were not part of the master lighting plan, the Preliminary PD Agreement does not preclude individual lot developments from providing additional lighting within their lot. Sidge_walks and Trails - The proposed site plan includes colored concrete ("Desert Sand") on the sidewalk in front of the building and plaza area. The pavement is scored in 2 foot by 2 foot squares along the front and at the main entry. The plaza pavement is 5 foot by 5 foot squares. This is generally consistent with the conceptual Restaurant Commons Plan. The proposed plan shows more extensive colored concrete in front of the building than shown on the preliminary plan. The additional pavement is intended to direct people to the main entrance which is the purpose of the special pavement. Grading. _Storm Drainage. Utilities and Access - All are consistent with the approved master /8/ Planning Report - Cattle Company June 25, 1996 Page 5 plans. SUMMARY/CONCLUSION This is the first of three restaurants proposed in the "Restaurant Commons Area" located around the South Plaza. Staffs primary concern is that the proposed site plan does not respond to the Commons plaza area in a manner that was portrayed in preliminary concept drawings. The South Plaza was intended to be one of the focal amenities that sets this development apart from "typical" big-box/strip retail centers. If the first development deviates significantly from the development conditions in the Agreement, it will be very difficult to get subsequent developments to conform to those conditions and achieve the function, character and aesthetics envisioned for the South Plaza. The applicant's proposal for a Stuart Anderson's Cattle Company restaurant deviates from the Preliminary Planned Development Agreement on the following items: 1. The Agreement requires outdoor seating in the South Plaza area. This requirement was intended to encourage outdoor restaurant seating to allow restaurant patrons to fully utilize the plaza/fountain amenity. The proposed site plan does not include outdoor restaurant seating. Instead, planters with seat walls are proposed to provide outdoor seating. A single door in the south facade will allow restaurant patrons to directly access the plaza. 2. The Agreement only allows signage on the north and south facades of the restaurants around the South Plaza. The proposed site plan indicates the restaurant logo located over the main entrance which faces west. Signs are also proposed on the north and south facades as allowed under the Agreement. 3. The south building facade, facing the plaza, includes a mechanical closet with three pairs of metal service doors. Staff has concerns about the potential for service doors to detract from the aesthetic quality of the plaza. All other aspects of the proposed development are consistent with the development conditions of the Preliminary PD Agreement. If the amendment is approved, the attached plans would be used as the basis for the Final Planned Development for this lot. Additional detailed information will be required on some plans to clearly distinguish between what the Cattle Company and Opus will install. A Final Planned Development Agreement would then be drafted for review and approval by the City Council. The Final Planned Development Agreement will include the following plans: ft /902-- Planning Report - Cattle Company June 25, 1996 Page 6 * Final Site Plan * Final Building Elevations * Final Signage Plan * Final Landscape Plan * Final Lighting Plan The proposed site plan will achieve Final Planned Development status when it has been reviewed and approved by the City Council. ACTION TO BE CONSIDERED A. To recommend approval or denial of the proposed Amendment to the Preliminary Planned Development for Lot 4, Block 2 Eagan Promenande. If this amendment is approved, it shall be subject to the following conditions: 1. Prior to execution of the Final Planned Development Agreement, the developer shall revise the plans as needed to clarify what items will be installed by Stuart Anderson's Cattle Company and what will be installed by Opus. Such items include, but are not limited to: landscaping, metal fencing around plaza, planters, and light fixtures. 2. Awnings shall not be included, at this time, as part of the building materials. 3. All rooftop mechanical equipment shall be screened from view. 4. Execution of a Final Planned Development Agreement. r 14? -3 TOWERVEW RI Tl ��S o a �gy OAK kC i LOCATION -..--DENMARK AVENUE � t,e� - c� t ; C= 5� 6� `UTIIII�., P 14 z 1 al w rp 1 1 , v 1 1 ; 1 11 , 11 , tt , _T_ 11 U111 11HU CATTLE COMPANY SITE flu 8111 �IIIIIIIII � b 1 I; ~fitv3Wll � 11 I I I I i I I► o v �'.1� ENO (_rrrrri rm c-:5 ' 1 - 411111111iI f R-21 ali E 1 ' d, I I 1 1 Ullill HIr I 1 U111V � 1 HP� 1 ' flll I 1 j 1 � , 1 . i Uri o . I� ♦ -y I d ?A i '"" " '""" EAGAN PROMENADE ASI EAGAN, MINNESOTA PRa�E Nq p£ A V fN�f Soo, e SITE CONTEXT 0 OPUS. �*•�- awl 1 I 1 1 I I � Ll 9. 1 - , �sDOM I 1 I' • 1 � Iii O I I xX X, rWZA-reo.i lk STUART ANDERSON'S CATTLE COMPANYIlk EAGAN PROMENADE ZAGEN, MR PRELIMINARY LANDSCAPE PLAN rWZA-reo.i lk 1 1 I 1 .J b i STUART NADERSON'S CATTLE COMPANY 1151111111 1; ! EAGAN, MN �� +! EXTERIOR ELEVATIONS i I � : 1 pp 1 1 , 1 1 _J I 1 � rn 0 k •.' z b i STUART NADERSON'S CATTLE COMPANY 1151111111 1; ! EAGAN, MN �� +! EXTERIOR ELEVATIONS I3E � r 1 - t11 1 1 1 � ; a N _ 1 1 M F 1 1 ti 1 F J H 4 �r iiia bss !�� 1 i it 1 N rN f! 41 70 1 1 rn C , 1 rn O .i v c" * m � a 1 i BLACK ANCUS RESTAURANT j(1'"�'(I�I(�r! 11 ` EA�,PROMENADF MN l �Iir�t[u(' �I -q! EXTERIOR ELEVATIONS • V OPUS. June 26, 1996 Opus Northwest, L.LC. 700 Opus Center 9900 Bren Road East Minnetonka, Minnesota 55343-9600 612.936-4600 Mailing Address P.O. Box 59110 Minneapolis, Minnesota 55459-0110 Fax 612-936.4529 VIA FAX & MESSENGER Mr. Thomas Hedges City Administrator City Manager City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: EAGAN PROMENADE RESTAURANT COURT Dear Tom: Thank you for your time this morning. This letter is intended to outline a serious concern that Opus has as it relates to the approval process that we and our restaurant clients are experiencing within the Eagan Promenade retail development. Stuart Anderson Cattle Company is a national restaurant chain seeking approval for their plans as the first restaurant for the Eagan Promenade. They are a high-quality sit-down restaurant that fits perfectly within the development. They are experts in their field and will be a welcome addition to the mix of uses at the Eagan Promenade. We have a Purchase Agreement with them that is contingent upon City approvals. Cattle Company has had numerous meetings with Staff and has made many changes to their plans to accommodate Staffs various concerns. The most significant problem that Cattle Company and Opus now face is Staff and Planning Commission's interpretation of the concept of "Outside Seating and Outside Dining." Staff has argued (and as of last evening, Planning Commission has confirmed) that because Cattle Company is not immediately planning to serve full meals outside, their use of the site is in violation of the Development Agreement. Cattle Company has indicated to Staff and Planning Commission that they will have benches and planter seating in the plaza area that will be used for staging areas for their clientele and that if the market dictates a need for serving full meals outside, that they will more than likely respond to this demand by serving full meals outside. In the meantime, the plaza areas will be used as waiting areas where clients can sit down and enjoy the plaza and, perhaps, eat appetizers and drink beverages. The use planned by Cattle Company does meet the intentions of the Development Agreement, contrary to Staff comments in the Staff Report that we are violating the Developers Agreement. The Staff report was incorrect in its interpretation of the Development Agreement, and we feel that Staff was wrong to unilaterally determine that this use required an amendment to the Developers Agreement. We were not notified of Staffs conclusions that this was an amendment to the Development Agreement until we received the Staff Report the day before the Planning Commission meeting. Needless to say, we were extremely disappointed with the tone of the staff report and the implication that this use was a significant departure from the Development Agreement. The report set the tone for the Planning Commission's action. / fl Opus Northwest. L.L.C. is an affiliate of the Opus group of companies—Architects, Contractors, Developers Chicago. Columbus, Dallas, Denver, Ft. Lauderdale, Milwaukee, Minneapolis, Orlando, Pensacola, Phoenix, Sacramento, San Francisco, Seattle, Tampa. Washington D.C. OPUS. T. Hedges June 26, 1996 Page 2 The Planning Commission denied the Amendment to the Development Agreement on the grounds that Cattle Company use did not follow the intent of the Development Agreement. We have reviewed the Development Agreement with our legal counsel and strongly disagree with Staffs conclusion and Planning Commission's action. The Development Agreement states that we provide "...warm weather seating areas or similar physical amenities" in the Plaza area. It does not state that we provide for "Outside Dining." We intend to provide outside seating, including tables if desired. This commitment was not enough for the Planning Commission. Cattle Company indicated that they would strongly consider serving full meals outside... "if the market demand exists...., " however, they did not want to have their plan approval conditioned upon the demand from the City that they be obligated to serve meals outside. This demand is far beyond the intent of our agreements with the City. We understand the importance of this and the East Plaza area to the development and continue to be excited about the opportunity that they present as gathering places. We believe that the Planning Commission is over -reaching in their interpretation of the Development Agreement by mandating outside dining as part of a Final Development stage approval. We are not changing the nature of the development, contrary to comments made last evening. Certain comments from Planning Commission members last evening were very disturbing as it related to Opus' intentions for the development of the Plaza area. Comments about how this project was becoming "less than what was originally promised" continue to be made and are inappropriate given the team building that we have all attempted to maintain. We continued to be committed to the highest standard of excellence that we have always planned for this project and have done nothing to change this objective. We are providing the City with what they asked for and we will continue to do so throughout the project. However, as has been the case from the beginning, we cannot make promises to the City that we cannot keep; and the mandate from Staff and Planning to serve food outside, regardless of market demand or market conditions, is not a condition that we or any prudent individual can or should make. This is a very critical issue to Opus and Cattle Company as well as the other 2 nationally -renowned restaurant groups that we are dealing with for the balance of the Plaza area, and we must keep a perspective on what is reasonable to expect from the marketplace. If there is demand for outside dining, we have made arrangements for it to happen as we promised we would in the Development Agreement. I would ask that you share these concerns with the Council prior to next week's Council meeting as we plan to present this issue at this time. Thank you, Tom. Yours very truly, Ti urnane Vice President Real Estate Development TWM:bab Fees: $200 investigation (non-refundable) City of Eagan $50 license 3550 Pilot Knob Rd. License Term: July 1 -June 30 Eagan, MN 55122 CITY OF EAGAN 6$1-4600 APPLICATION FOR MASSAGE THERAPIST LICENSE Fax: 681-4612 This form must be filled out by typewriter or by printing in ink by the sole owner, the individual seeking a massage therapist license. TRUE NAME: QM I / .� e First Full Middle „kf—FJOB: Maiden/Last RESIDENCE ADDRESS: 976S- Pt telSQOf Qut S. Apy .1' Xcc'n rU� M u s -J Street city State/Zip RESIDENCE PHONE: BUSINESS PHONE: ,� �� t F'i�UcS.f 00- �� - �r 3 is BUSINESS NAME: BUSINESS ADDRESS: /10P At e q)4y Street City State/Zip 1. Is the applicant licensed in any other community? Yes No_,A If yes, where: 2. Has the applicant been denied a massage therapist license by any licensing authority? Yes No -2< - If yes, describe: S. Each applicant for a massage therapist license shall furnish, with the application, the following: a. A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association; or b. A diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting association or agency, or is licensed by the state or local government agency having jurisdiction over the school. C. A certificate of National Certification for Therapeutic massage and Body Work by the National Certification Board of Therapeutic Massage and Body Work, an affiliate of American Massage Therapy Association. 4. If you have ever used or been known by a name or names other than the true name given above, list such name(s) and information concerning dates and places used. "F0- Front and side view photographs must be provided. 5. Address(es) at which you have lived during preceding five years. (Begin with present or most recent address.) No. & Street City & State Dates Z E -z0 7 `A 57 <A-w,o Ca 4 ip 90 7r ov �� G� � Tao Lot S. Occupation history for preceding five years. (begin with present or most recent.) �e)�2Li,�^4IQJS7t (l^ lou QC 711 r' Occupation Employer or Name of Business 4 S7 19 qS to -19 Q Address City/State/Zip .Length of Emoyment Z aT ,s�� 1 c�F ycn rte,,-/A-tAtVin+ lel-kf" Occupation Employer or Name of Business 4 Q (rzwe W /SLG(, Au A& G % 19 0_19 J Address City/State/Zip Length of Employment Occupation Employer or Name of Business Ka�zC�� 1, Tcx� l7/Gc !l �4� c 9cr4ck Cg 19 9� t0_19 ?1y Address City/State/Zip ' Length of Employment �QrrZ Ccs �� Q.��L 8-�cJ�ea *Attach additional sheets If necessary 7. Have you ever been convicted of any felony, crime or violation of any ordinance, other than traffic? Yes No -X, If yes, give information as to the time, place and offense for which convictions were had: S. List the names, residences, and business addresses of three people, (prefer residents of Dakota County) of good moral character, not related to the applicant or financially interested in the premises or business, who may be contacted as to the applicant's character:` Name JCS C,KI�" Phone� V ^ 0(,P_0 rvle_q,� Address xt Com- G re ac4 Business Address �JC,S7 �C4�C S f IG -0— . Name�4}l�'C�VCIrp, Phone (o/ 4,- 7 (/lo 7 Address _ it r RL a sd* t oue- S, ; Business Address V 'o-iCut` 6.95 0 tov C— Ldr,19t &.) f- ,( Q -'t S Phone D CJ 7 , S ` —qY Business Address SAt Celt, XC Q f 1A y ICA, Pt^ U/SOf" Date: (j&,/// 94 Subscribed and sworn to before me this 7412r day of • 19 9� 3u n e t 7 Notary e—J-41 '. ELIZABETH A. WITT NOTARY PUBLIC-MNNESOTA DAKOTA COUNTY `* My Commission Expires Jan. 31, 2000 (seal) quriclietan: ' a e . signature — city of eagan DATE: June 25, 1996 TO: Eagan City Council FROM: Det. Doug Matteson POLICE DEPARTMENT SUBJECT: Massage License Applicant James Devoe MEMO I have performed a criminal investigation regarding the applicant James Donald Deyoe, DOB 01/03/69. He has submitted an application requesting to practice massage therapy at Lifetime Swim and Fitness in Eagan. Included in this investigation were records checks from the City of Bloomington, LaCrosse, WI and Lakewood, CA, which were the listed addresses for the applicant. Also checked were NCIC, and local MN warrants checks. The results of all the queries came back with no negative entries. James Deyoe has also submitted a transcript from the Desert Resorts School of Somatherapy in San Diego, CA. These transcripts indicate approximately 726 hours of schooling in massage therapy. The applicant has been practicing massage therapy since July of 1993, most recently where he is still employed as a massage therapist at Tom Schidts Urban Retreat in Minneapolis. Based on the information supplied by the applicant and the results of the criminal background investigation, I find no reason to deny the applicant James Deyoe a permit to practice massage therapy at Lifetime Fitness in Eagan. :me 'i.