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08/06/1996 - City Council RegularAGENDA RAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING AUGUST 6, 1996 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. DEPARTMENT HEAD BUSINESS (BLUE) V. CONSENT AGENDA (PINK) �`. A. PERSONNEL ITEMS P. B. CHANGE ORDERS, Municipal Center Building Project C. RECOMMENDATION, Burnsville -Eagan Cable Commission, City Participation in LMC Public Rights of Way Initiative D. CORRECTIONS, to ratified minutes of July 2, 1996 l E. RESOLUTION, Authorizing execution of agreement, Community Oriented Policing (COPS) Grant (Hiring of Police Officer) F. RESOLUTION, Authorizing execution of agreement for the Community Oriented Policing (COPS) Grant (Overtime) G. LICENSE RENEWALS, Amusement Device, Massage Establishment, Massage Therapist ® and Service Station PH. LICENSES, Off -sale beer, service station and tobacco, for Holiday Q Stationstore #68, 1065 Diffley Road I. TREE CONTRACTOR LICENSE, Scott Konnad, dba Cardinal Tree Service .� J. ELECTION JUDGES, for Primary, September 10, 1996 K. ON -SALE, Non -intoxicating malt liquor license for Craig Applebaum, dba Broadway Pizza, 2135 Cliff Road 3� L. OFF -SALE, Liquor license, Cellar's Wines & Spirits, 2113 Cliff Rd. M. AMEND, 1996 General Fund Budget (� 3 N. PROJECT 695, Approve Retainage Agreement with Shafer Contracting O. CONTRACT 96-18, Receive bids & award contract, (South Hills Add. & Wilderness Run Rd.) P. CONTRACT 96-16, Receive bids & award contract, (Biscayne Ave. & Hall Street) I 0 Q. ACCEPT BIDS AND AWARD CONTRACT, for 96-17, Northview Park Tennis Court `t Lighting and Color Coating R. CONTRACT 95-0, Acknowledge completion - authorize City maintenance, (Ridgecliff Woods) �.4(S. CONTRACT 94-UU, Acknowledge completion - authorize City maintenanct, -/ (Verdant Acres) T. CONTRACT 94-13, Authorize final payment/City maintenance, (Phase II Municipal Center Complex) U. CONTRACT 95-05, Authorize final payment/City maintenance, (Blackhawk Hills I, & Wescott Hills) 4 3 V. CONTRACT 96-20, Approve plans and specifications/authorize ad for bids, (Yankee Doodle Rd. & Eagan Promenade - Streetlights) W. CONTRACT 96-01, Approve plans and specifications, authorize ad for bids (Eagandale Corp. Center Add. - Streets & Utilities) /fr�i3 X. YANKEE DOODLE RESERVOIR, Accept Access License from West Publishing v �� Y. CONTRACT 96-11, Approve change order 41 (Yankee Doodle Rd.) J D Z. VACATE PUBLIC RIGHT OF WAY, Receive petition/order public hearing (Aldrin Drive) 53 AA. FINAL PLANNED DEVELOPMENT, Blockbuster Video, Lot 2, Block 2, Eagan / Promenade SV BB. FINAL SUBDIVISION, Industrial Equities LLP - Robins 2nd Addition located on Blue Gentian Road just west of Trunk Hwy. 149 4CC. FINAL PLANNED DEVELOPMENT AND FINAL SUBDIVISION, CSM Investors, Inc. for Duckwood Bluff located east of I -35E, west of Chili's/Wendy's and south of the Eagan Medical Clinic .�' DD. CHANGE ORDER, Contract 96-09, Blackhawk Park Pavilion (jlEE. AUTHORIZE, Acquisition of tax forfeit property 4� FF. CHANGE ORDER #3, Eagan Fire Station #1 G( GG. CONTRACT 96-11, Request for extended work hours (Yankee Doodle Rd. - 35-E Y ramps) MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 2, 1996 SUBJECT: AGENDA INFORMATION FOR AUGUST 6, 1996 CITY COUNCIL MEETING �J�%�•/�s��1�J MIM W d�1'%i/,iIIL,';_11rP_ After approval is given to the August 6, 1996 City Council agenda, the regular meeting minutes for the July 16, 1996 City Council meeting and the minutes for the March 19, 1996* Special City Council meeting, the following items are in order for consideration. *Please note that in researching previous sets of minutes, it was discovered that the March 19, 1996 Special City Council minutes were inadvertently omitted for Council's approval. There is no Department Head Business to come before the Council at this time. MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota :::March 19, 1996 A Special workshop meetitiij it;## jigj C3f:ncil was held on Tuesday, March 19, 1996 at 5:00 p.m. at the Eagan Municipal Center. building. Present were Mayor Egan and City Councilmembers Awada, Hunter, Masin and Wachter. Also:�t�sent were Director of Parks & Recreation Vraa, Superintendent of Parks Olson, Director of Public Works 6A' ert and City Administrator Hedges. REVIEW BOULEVARD MOWING & OPERATIONAL ANALYSIS Director of Parks & Recreation Vraa presented an analysis of the current boulevard mowing program that includes the definition and Jrji '#story of.boulevards, current maintenance practices, operational alternatives and recommendations for coi3sieration:�os trimming, grass discharge, quality, safety and other operations. City Administrator Hedges state that the:tePort was written to provide analysis for the City Council in an effort to determine a cost benefit for continuing bWOvard maintenance practices and the use of alternative pieces of equipment. Director of Parks & Recreai'ion *V�ai3"*tatisa'ffiai'tKe total boulevard miles within the City are approximately 484. His review of the report provided definitions of various types of boulevard miles, current maintenance practices and various operational alternatives based on the assumption that the boulevard maintenance program will be continued. He further stated that it has been the traditional practice of mowing boulevards for roadway beautification. Superintendent Olson reviewed the types of equipment used and the efficiencies of each. He noted that the flail type mower alsoxestilled in a degradation of surface water run-off because grass clippings were not confined to the mRw.gdfifB :-*urther, obstacles, such as sign posts and power poles, took significantly more time to ma�e>;.ii� 4rd0hd In response to a question, Olson noted the new 455-D mower would be utilized on bouleirards -'tliis coming: season with an expectation that it will improve efficiencies because of its wider cutting City Councilmember Wachter suggesfoa::#iit i Onsideration be given to the reduction in the frequency of mowings by either eliminating certain boulevard::t#as or experimenting with a planting of a perennial ground cover that would require minimal maintenance. Director of Parks & Recreation Vraa noted the current mowing schedule and that staff has implemented the perennial ground cover and "no cut' zones in several park areas, such as Wescott Station, Thomas Lake and others. OTHER BUSINESS There being no further bu (r g5s;'t*:fff�9ri -WNs adjourned at 6:15 p.m. Date City Clerk TLH MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL :::::::Eagan, Minnesota July 16, 1996 A regular meeting of the Eagan.Clty:;eourreiJ:;was::held::on Tuesday, July 16, 1996 at 6:30 p.m. at the Eagan Municipal Center. Present were:hlla +pr: r : tsi# 6ncilmembers Wachter, Awada, Masin and Hunter. Also present were City Administrator Tom Hedges, Senior Planner Lisa Freese, Director of Public Works Tom Colbert, and City Attorney Jt 'Sheldon. Councilmember Awada moved, Councilmember Masin seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 Councilmember Masin moved, Councilmemfter Awada seconded a motion to approve the minutes as presented. Aye: 3 Nay: 0(Councifriiernf3.ets::Kunter.znd:.Wachter abstained) Councilmember Masin requested on page 10, 4th paragraph, the word Cedarvale should be changed to Silverbell. Mayor Egan requested on page 10, 1st paragraph, the word statute should be changed to ordinance. Councilmember Wachter moved,..Cattrtrgoo ..n;jirr Awada seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0: Councilmember Awada moved, Councilmembe::::Wac3.iter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 RECOGNIZE FOUR NEW VOLUNTEER FIREFIGHTERS City Administrator Hedges gave :Ct6dit' to':Ibi ::e6htlr2"Eagan Volunteer Fire Department for there training requirements and commitments:#o::be a firii€fighter. Mayor Egan congratulated the four new fire fighters (Kevin Post, Nick Taylor, Jeff AUge.and Rick McLay) and pinned badges on them. Fire Chief Craig Jensen discussed the length of training.' aiid the prtaetion period of the firefighters. 1996/97 CIVIC ARENA ''9kAVNit:'SCM bULE & FEE SCHEDULE City Administrator Hedges gave an overview of this item. Director of Parks and Recreation Vraa discussed the timing of the increase and stated it was before the Council for consideration now since the start of the season is forthcoming. Councilmember-Mpsin asked if the break even point was close to being reached in regard to the civic arena. Vrae.:Inft0t6j-1-.'i &1hey were only $1,000 off of a break even point for the first three months of operation, whip13:excluded'a:i~i atrge of depreciation against the building. He stated that revenues have exceeded exii4 es for the first few months of the year. Councilmember Awada asked if the arena would be in a positive.position for the enti�'O'.12 months of the year. Vraa indicated that overall the arena was in a positive posii<ior. EAGAN CITY COUNCIL MEETING MINUTES; JULY 16, 1996 PAGE 2 Councilmember Masin asked if additional money is not needed to cover operating expenses, then why eliminate the public skating session..... Co.4ncilmernber..Wpchter noted that according to the schedule in the packet, the attendance for the Fridayseascsf:7 cstztQf 29 days, was very low. He added that if the demand is high for other skating schedule's, a*cha"i de'sH661d be made to accommodate that demand. Vraa indicated that high school hockey g0ffies will probably be played in the evening starting this season instead of during the afternoon. He adde:t#:#hat a public skating session on Saturday afternoon would be more popular. He also noted that the pressure for ice time is greatest from November through January. He noted that an option could be to consider keeping the Friday session from August through September and then cancel it from November through January. Councilmember Wachter stated he thought the Council could give Vraa the authority to cancel the Friday session when he saw fit. Councilmember Awada asked if a second Sunday session could be gitvign consideration. Vraa indicated there is a session on Sunday from 1:00 p.m. to 3:00 p.m. and that an6ih-Or sessi66:could be added on Saturday from 1:00 p.m. to 3:00 p.m. as well. He went on to discuss the :options otlae�:cities have pursued. Councilmember Awada stated that she did not want to see the public ski€ing sesstoi eliminated and suggested a double session be held on Sunday. Councilmembers concurredx:..:.:.:.::::::::::::::: Councilmember Wachter moved, Councilmember Hunter seconded a motion to increase the prime time rate for ice rental to $125.00 per hour and maintain all other non -program rates at the current levels. Aye: 5 Nay: 0 Councilmember Wachter moved, Councilmember Awada: seconded a motion to eliminate the Friday evening public skating session and schedule a second,.public slating session on Sunday. Aye: 5 Nay: 0 Mayor Egan stated that he suppntts the rate in ase to $125.00 and added that eliminating the Friday session was given a lot of con sideratioi7:::--He added'that a resident, who is a hockey supporter, had called him and requested that ice time be kepf' bpcn'to be.: -public. He stated that he appreciated that request. Councilmember Masin asked about the hog roast event that was held recently. Director of Parks and Recreation Vraa stated that no figures were available regarding the number of people who attended. He also stated that there was an excellent turnout and added that a number of activities were held in conjunction with the hog roast. He stated that the task force was pleased with the result. Mayor Egan commended the Friends of the Farm group;;* all those:.YhQ;:attended the event. He also mentioned that he received a second notice that Tony C.apgn is%g - ing :td t4 tie another free concert in the park. He noted that the City has not subsidized any of t11ta5e events::::: Mayor Egan asked Assistant toll* City Administrator Hedges about the 4122 runway at the MSP Airport and wanted to know if this runviioy:.W.W: destgi�a :lmtl out a taxiway. He asked how this runway would function. Hohenstein clarified thal:-'the-:mow®y- - 0$10h: flies include a taxiway, but added that it was not built at this time, due to the lawsuit Richfield has outstanding. Mayor Egan asked about the timeframe and when they would build the taxiway. Hohenstein stated it was opted out as an alternate and that it could be bid out at any time and constructed within a few months. Councilmember Masin commented ar�:ffhe:vi+adri:�ool and said that it was great to see it getting so much use. City Administrator Hedges:rtio�itiQn'ett fli�X:a;urvey is being conducted by the Parks and Recreation Department to track informatigR:on users of th. :+. tiding pool. GAGANCITY COUNCIL MEETING MINUTES; JULY 1s.1996 PAGE 3 Councilmember Hunter remarked-about-ommeatri-he heard in regard to ISD #196 and how action was taken by board members to limit the:,aMoLIr.Tt:ofd" e0aW.tm::jtems that appear on the consent agenda. He noted that the Eagan City Coun6i - 011 restrictions or limits on comments any Councilmember might choose to make o ' i ' iiy items that appear on the consent agenda or any part of the agenda. He added that it is the right of thit'ouncilmembers to be able to debate and pull items when they so choose. Councilmembers concurred. In regard to Item E, Negative Declaration for Biver Park Envifonmentgl Assessment Workshee (EAN. Councilmember Hunter wanted to make the clarification that the action would be to approve the negative declaration. In regard to Item F, Exemptio t.Q*'r_n LawfuiA'J'amblina License, National Kidney Foundation of the Upper Midwest. Inc.. Councilmember akhter ask ..: if the members of the Kidney Foundation were all volunteers like the members of the Humane-:S.qcJo.V...Qty.. Administrator Hedges thought they were all . ... �e Society's request should be treated the same as this when it comes before the Councii.*'bi's''c'u"'s's'i:o''nocc . urred regarding the requirements for filing of paperwork. Councilmember Hunter noted that when certain thresholds are reached, the requirements change for these organizations in regard to the amount of reports that must be filed. Hedges stated that the City Council can grant up to five exemptions per year under State law. He added that there is no local ordinance that applies to these situations. Councilmember Htinter asked if the City is responsible for enforcement, can the City receive any funding from the-.S19t In regard to Item 1, Final Plann Subdivision, Precision Tune, this item was considered under Public Hearings with ft6fti'B... Councilmember Masin requested Item� from the consent agenda and later decided she did not want these items pulled. A. Personnel Items Item 1. It was recommended to approve the hiring of a person to be recommended as -a full-time Clerical Tech || - Receptionist sdthe Eagan Maintenance Facility. Item 2. It was recommended toopp ` ���M��::i�:' boberecommended 000full-time Utility Maintenance Worker. Item 3. It was recommended to app Judy Porde as o part-time seasonal Pre-school Item 4. It was recommended to accept the letter of resignation of Police Officer John King B. Change Orders. Municipal Center Building Project. It was recommended to approve change orders in the amount of $2,540.57 for the Municipal Cente , r Expansion Project as presented. C. Approve Promenade/Opus Specia tion. It was recommended to approve a request from Opus to reallocate the s assessment's'::i* the Eaaan Promenade Shopping Center A EAGANCnY COUNCIL MEETING MINUTES; JULY 16.19e8 PAGE 4 Tax on Parcel Specific Tax Notice, Itmended bzapprove o resolution requesting the Dakota County Treasurer -Auditor to include nobde::hfpnopooed transit tax on parcel specific tax notice. E. Negative Declaration for River P:.4r:K:::F4.Viri6dftd :::Assessment Worksheet (EAN. It was recommended to approve a resolution re��. hig*- Ve of the need for on Environmental Impact Statement for River Park Office F. Exemption from Lawful Gamblin - Lo _Abe. KInfignal Kidney Foundation of the Upper Midwest, Inc. It was recommended to approve a resolution exempting the National Kidney Foundation or the upper Midwest, Inc., from a lawful gambling license. G. Road and Cliff Road. |twas reoom for Easter Lutheran Church. to appMye the Preliminary Planned Development Agreement Avenue, It was recommended �oap ^^ ��' Development Contract for Go|nxie Cliff Addition No. 1 (K]nderCana) to extend the completion dates for developer improvements and postpone collection ofthe water quality fee until issuance ofabuilding permit. |twas also recommended boapprove an extension of recording of the final plat for Galaxie Cliff Addition No. 1 until August 24, 1996. of the Phillips 66 Station.. (This item was conside.re;l::ph46.'r-:P.L61ic Hearings with Item B.) J. Extension for recording the Final SUbdivAiia"'n"' for Dii�wood TownhQmea 2nd Addition (Good Valu Homes). It was recommended to approve,4::re.q.tje$t for:,6 90 -day extension for recording the Deerwood Townhomes 2nd Addition Final Subdivision Idt�i'iid"::bQtt.h-of.Deerwood Drive and east of 1-35E. K. Receive Bids for furnishing, all equipment and *nstaIlatioh'-dfJbur (4) outdoor warning sirens. award the contract to the lowest resDonsible bidder, and authorize the Mayor and City Clerk to execute all related documents. It was recommended to receive bids for furnishing all equipment and installation of four (4) outdoor warning sirens, award the contract bothe lowest responsible bidder, and authorize the Mayor and City Clerk to execute all related documents. L. Contract 94-17. Acknowledge Completid rit��i�tjkent (Red Pine Lane - Streets & Utilities). It was recommended to acknowledge cqtn'16tion (Red Pine Lane - Streets & Utilities), authorize the 8th and final payment to Fk�e`in Contrkti:hg and authorize perpetual maintenance subject to appropriate warranty provisions. KK N. Contract 96-13. Approve Plans/Authorize Ad for Bids (Woodgate 2nd & Mallard Park 2nd Add. - Street Reconstrur,tiga It was recommended to apprqvg::Jhe. plans and specifications for Contract 96-13 (Woodgate 2nd & Mallard Park 2nd Addition::'*010#t:k.p' t ion) and schedule a bid opening to be held 0. Chanae rder #2. Civic Arena. It was. -recommended to approve Change Order #2 for the Eagan Civic Arena in the amount of $11,418.00. EAGAN CITY COUNCIL MEETING MINUTES; JULY 16, 1996 PAGE 5 P. Civic Arena Acknowledge Completion/Authorize Final Payment It was recommended to accept final completion of the Civic Arena from Lu'hai::Martin Construction and to make final payment, including retainage, in the amount of $107,369.65."",* 0. Off -Sale Liquor License for Byerly's•:::i' .::urldi r_,:: jbmr6dIbn in Promenade development It was recommended to approve an off -sale liquor.:license for Byerly's Beverage, dba Byerly's Wines & Spirits to be located in the Byerly's store at the Eagdn Promenade. R. Change in condition of Qlat;Eagandale Corporate Center. It was recommended to approve changes to condition 8c for the Eagandale Corporate Center preliminary subdivision so that the condition reads as follows: "The City will reserve the right to modify the wetland replacement plan based on changes in the Wetland Conservation Act made by the:,1:996 legislature. Modification can be made only to the extent necessary to accommodate elimination:=:pf tree -related impacts associated with up to .8 acres of replacement wetland." S. Authorize refund of application and escrow fee tb'Principle Construction Inc for Royal Oaks Circle 4th Addition. It was recommended to authori 4:rdAir d.bf~appiidttlpmand escrow fee to Principle Construction, Inc. for Royal Oaks Circle 4th Addition. T. Final Planned Development Twin City Federal Lot 1 Block 2 Eagan Promenade It was recommended to approve a Final Planned Development for a 4,600 square foot TCF Bank with six drive thru lanes for Lot 1, Block 2, Eagan Promenade, at the northeast intersection of Yankee Doodle Road and Denmark Avenue. U. Authorize donation of unclaimed propeM for New-:QhaA rc.� �e��Program It was recommended to declare four bicycles from the unclaimed property invnbory:fer::fi :surplus property and authorize their donation to the New Chance County correctional pragrotillor juvenile:offenders. Councilmember Awada moved, Cob iciltt'iettike.r.,. Wachter seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 VARIANCE - RICHARD SKINN City Administrator Hedges gave an:.owrview of..this.:item. Senior Planner Freese gave a staff report. Mayor Egan then opened the publi :Fiaarii?g:to: i yOrl.g: wishing to speak. Richard Skinn, applicant, addressed the Council and noted that wla�i the sectipi :of Gun Club Road by his property is closed, he will recover the property that was taken away from hi ::w' hen the road was put in and he will have more parking. He added that the road is very :iYa row. He:atso stated that a baseball diamond abuts his property and that people park cars along Gun Cfjtl<:.Roaf�:viijiich..is:uery. narrow and unsafe. He added that if the variance is granted, he would be willing::ti�:#tivif :niia:: isi? his parking lot if they are at the baseball diamond. He added that he would be willing to put asphalf on the parking lot by August of 1997. There being no one else wishing to speak, the Mayor turned the discussion back to the Council. Councilmember Wachter asked Director of Public Works Colbert if there were plans to close Gun Club Road. Colbert indicated that there were::r o::p[4rtsAo do this. Councilmember Wachter stated that according to the planning report, with the:fgt: i€ is::itvV:nd the existing building, the utilization of the structure is maximized and he asked whX#'Lip% applicant dOesn!t take over some of his own space from the other two tenants. He stated that he did'trot feel hardship wazoroven. Councilmember Hunter added that the history of the area needs to be talo:into consideration.::::He further added that this area was zoned comprehensive guide plan for reside6W and after much:Aiscussion by the Council and task force EAGAN CITY COUNCIL MEETING MINUTES; JULY 16, 1996 PAGE 6 members, the land use was changed:"' ;::industrial in order to minimize the impact on the existing businesses. He stated that City standards;rteed to be enforced because this area is next to public facilities and the reason for the large setback is to.. ive .e.wide.berth t0. public facilities. He went on to say that by approving this variance, City standards wtWld:�ot:3ie:iiyeid;3ihad;. He also felt that no hardship was proven in this case and it would only serve as a fiiiariciaildvafftage to fhe applicant. He added that by granting this variance the Council would be setting:. -''::precedent. He stated there are three other parcels to the north just like this parcel, and if a variance isgrg'hted for this one, a variance would have to be granted to the other property owners if they requested one. Councilmember Awada stated the lot coverage has been maximized. Mayor Egan stated that generally in Eagan if there is a need for a business to expand, new headquarters are sought, especially if the current location is maximized. Hc::added that by allowing a business to remain at their current location and continue to expand when lihtejr have :iit or would exceed the City standards, would be a deviation. Mayor Egan stated that they:::have to::tae sensitive to surrounding uses. Councilmembers concurred that they were grateful to hear:.Of the applicant's business success, but did not feel the variance should be granted. Councilmember Wachter moved, Councilmember"'Fiunter seconded a motion to close the public hearing and deny a 40 foot variance to the required 100 foot building setback along a public right-of-way for Lot 1, Block 2, Halley's 1st Addition, located at 4890 Biscayne Avenue for a proposed building addition of 2,400 SF. Aye: 5 Nay: 0 VACATE DRAINAGE & UTILITY EASEMENT,=:O iTLOT A GEORGE GILES ADD. City Administrator Hedges gave.art.QWerkiiev✓ of this item. Director of Public Works Colbert gave a staff report. Mayor Egan then opened, the public hearift to anyone wishing to speak. There being no one wishing to speak, the Mayor turned the ii cusi sion back to the Council. Councilmember Wachter asked if there would be any problem with drainage or'if'-ft§e e::WoUld.-be adequate space for drainage. Director of Public Works Colbert indicated that the easement is rivt'heeded for drainage and that there would not be a problem with drainage. Councilmember Hunter moved, Councilmember Wachter seconded a motion to close the public hearing and approve the vacation of a drainage and utility easement as described over Outlot A George Giles Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 FINAL PLANNED DEVELOPW0-::A:N#7: FiI A:L St1BDIVISION, PRECISION TUNE (This item was pulled froFii:. a consel t: agenda and considered with Item B) Councilmember Hunter moved,X-vuncilmezt�(ber Wachter seconded a motion to approve a Final Planned Development and Final Subdivis; 0q:fpr..*-r#cieion::Twr a First Addition. Aye: 5 Nay: 0 RESOLUTION - ISSUING OF $4,600,000 GENERAL OBLIGATION PARK BONDS AND PROVIDING.FQR::A-W.: LECTION THEREON City Administrator Hedges gave -6h:;overview of this: idem. Councilmember Hunter stated that he appreciated the table that was prepared: by the task force listing the parcels available to buy for park land. He noted that all but one of the parcels are: -open spaces, with•1he exception of the one neighborhood park. He also stated that flexibility needs to ba::riiaintained in.regar!P the wording of the referendum question. EAGAN CITY COUNCIL MEETING MINUTES; JULY 16, 1996 PAGE 7 Councilmember Awada stated that she wo.ld like the referendum to be held with the primary election. She felt that the question would be buried if ft::was included on the ballot for the General Election. She added that including it with the Primary Electiori"would not result in any additional cost and she further added the turnout is relatively high. Councilmember:M+ $iti::oD.. * rr c#;::: ita�lyor Egan noted that past precedence had been set in 1982 when a referendum giresfltiti: or: :ting at:expansion from the police station to the municipal center was held in conjunction. -with the Primary Election. Councilmember Wachter stated:i' i"it he is concerned with saving the taxpayers money. He added that he does not feel the question would get buried with the General Election and feels the best time to hold the election would be November 5, since it will generate greater voter turnout. Mayor Egan noted that absentee ballots can be cast for any election and that no one would be deprived of their right to vote on the question. Councilmember Masin dissed the background on other voting dates. She added that there is pressure associated with havirt'§Io fill oLtt:iong ballots at a General Election. Councilmember Wachter indicated he had questions as$i4iated %At ::three sites listed on the table prepared by the task force. He felt that they were not suitabl6jor parK.10nd for a variety of reasons. Councilmember Hunter stated that the Council did not have to'eliminate any of the sites at this time and that the task force or commission could further refine the list and:;ortt3g:kt:baCtctp:#ic.City Council at a later date. Councilmember Hunter stated that in regard to the date, the majority of the residents of Eagan should decide the issue. He added that he feels the election should be held on November 5 in order to get the majority of residents to vote on the issue. Councilmember Masin stated that if there is interest on the part of the voters in regard to the park issue, they will turn out to vote at the Primary and it will be the major focus. Mayor Egan noted that single issues on ballats::have typically drawn a large percentage of voters. Councilmember Awada moved, Councilme f: aria: seconded approval of the resolution with the election date to be held on September:l:Q;:::999fi;: +riit:3he Primary Election. Bea Blomquist addressed the Council: -and statedAhat she preferred the referendum be held with the General Election. She referenced the*-frs : df::sites::determined by the task force and indicated her concerns with some of the sites. Councilmember MJsW6ii ted:about referendum elections when Blomquist was on the Council. Blomquist stated that all the referendum'' i"::were held as special elections, but stated that the requirements were different when she was on the Council. Blomquist also stated her concern is with the $800,000 planned for betterment. She added that there is a need for more ballfields in the City. She also added that residents need to be told what will be bought with the money. She felt the Council was asking for a blank check and stated that the question needs more definition. She also stated that she was concerned with carrying the bonds for 15 -years. She added that the business community also needs to be told how it will affect them. She also:;$ske.::about1h6:b0$t associated with educating the voters. Councilmember Awada noted fKik. the tabla::r eeds to be revised, since there are more than 120 acres of park land with the combined sites. She .added that the sites were tentatively identified in order to keep the price of the property from hq too. hilt. Blomquist did not agree. Councilmember Hunter noted that the 1984 special election to the wording proposed for the current park bond referendum question. Counclmem e'r' iw88a%hot'ed that, in regard to the $3.6 million dollars slated for the purchase of park land, not all land owners will be willing to sell their property. She added that this is only a tentative list of possible sites. Councilmember Hunter concurred and added that the task force would pick the appropriate sites at a later date. Councilmember Wachter felt that some of the sites that don't have a chance of being purchasedstiguid:be :eliminated from the list. Mayor Egan noted that the table was only tentative and subject ta:>rFartaticl.:that a better bargain could be negotiated if the Council retained flexibility. Blomquist $#atac!'that no-IIWOay is being proposed for organized sports. Councilmember Awada indicated that $90i';600 is being pr6Wed for betterment. Councilmember Hunter stated that the Council is not restricted tq..$800,000 for betterment only and added that the Council has the flexibility to make the determination for the:distribution of funds:between acquisition and betterment. Mayor EAGAN CITY COUNCIL MEETING MINUTES; JULY 16, 1996 PAGE 8 Egan discussed the Parks System Mastei':Rlan and stated this is a comprehensive plan that has identified the number of athletic fields needed. David Szott, Chair of the Parks Bc id i eferet ifitni f Force, addressed the Council. He clarified that the list of sites provided by the task force'Ve''caridid'afe'sltes only. He also discussed the importance of the natural resource base. Councilmember Awada stated that a decision should be made by the City Council in regard to Patrick Eagan Park:::::Councilmember Masin stated she feels Patrick Eagan Park fits in with acquiring more park land and open space. She also stated that she prefers to take the $800,000, proposed for betterment, off the question and ask for that at a future referendum. Szott added that the question of betterment is confusing and stated that the priority should be the acquisition of open space. Councilmember Wachter stated that in regard to a nature center, the property that has been owned for the last 20 years should be utilized by the pUNic. Szott noted that Patrick Eagan Park was not meant as an active use site. Councilmember Hunter it that NrF ther a piece of land is classified as active or pristine, no land in Eagan should be off limits to tt a public fob::Use. Mayor Egan noted that the $800,000 proposed for betterment has clouded the issue. 1­16:s`ggeste6:6at the amount could be excluded, which would result in a reduced bond amount. Councilmember.kiunter suggested the wording be changed to include only acquisition. Councilmember Wachter asked:rrsifiefl::t fefir i:'de-termination would be made in regard to the list of sites. Lee Markell, member of the Advisory Parks, Recreation and Natural Resources Commission, stated that the list could be pared down by the next Council work session, scheduled for either July 30 or July 31. City Administrator Hedges added that time would be needed to prepare a newsletter for distribution to all residents notifying them of the upcoming referendum. Councilmember Awada amended her earlier::: ription. Councilmember Awada moved, Councilmember Masin seconded a motion to approv0::a:resvlUtion determining the desirability of issuing $3,800,000 General Obligation Bonds for:.2.egtiiitiorfi of perk land and providing for an election to be held on September 10, 1996. Aye: 3 Nay: ; - (CouncilmemOrs Wachter and Hunter) VARIANCE $IQNA4L. PLASTICS City Administrator Hedges gave an overview of this"item. Senior Planner Freese gave a staff report. Jack Grotkin, R.J. Ryan Construction, addressed the Council. He stated that they have met with the neighbors and have worked with them. He added that they would put trees on the east side. He also added that the building had been turned and the docks have been put on the north side of the building. He also stated that the size of the building has been reduced and noted that this business is a good match for this lot. Councilmember Masin asked..O::t�e::ghanges::.to::.the building would meet the needs of the applicant in the future. Grotkin stated that::t ie:'birilding::otoposed before was an ideal size, but added that the new proposal will accommodate anticipated futu*:6rowth. He noted that there will not be as much rental space available as before. Councilmember Wit"hter asked if the forestry specialist thinks the trees can be moved successfully or if new treO: thould be::planted in case the existing trees do not survive the transplant. Freese stated that the trees of#os4d: tx l$: .:re.mQvad are over and above the plantings planned for the site. Councilmember Wachtersta#Ef:tti:ile:l`ei;tti>s:en is a vast improvement from the last plan. Bernie Fry, representing Professional Plastics, addressed the Council. He discussed the lots and the land at this location. He stated that this site would not accommodate a wide variety of businesses. He added that there is an economic hardship associated with this site, since 20 feet of the land was taken for expansion of Yankee Doodle Road. He disc it0E. ;:the.:assessment proposed for this site. B.J. Larson, 845 Wescott Square did President'of:ttse Wescott Square Townhome Association, addressed the Council. She stated that tfi64esidents are grate€i l for the opportunity work with the applicant and that they are appreciative of the plat};:: She also thanked::the developer. She asked if the City could release the requirement for an exterior W.on the $9. th.side:Of the building. She further asked if the tree EAGAN CITY COUNCIL MEETING MINUTES; JULY 16, 1996 PAGE 9 mitigation fee required could be used for:tFees in the immediate area, particularly to the west. Mayor Egan asked if the plan could be modified to iri otporate additional landscaping. He also asked if the intent of requiring tree mitigation fees is to plant .additional trees in the location where they are removed from. Hedges noted that is the intent. He addetl...... :l' tt#�ee: ciogie.:Road is a candidate for street scaping and that direction could be given to appropria�6.4116ffaFs:�:.t,6:':I prove that section of Yankee Doodle Road. Councilmember Wachter wanted to be sane: the Council would not be locked in to use all the money for that particular area and that money would b-:"' "located for use in broader terms along Yankee Doodle Road. Steve Mitchell, 847 Wescott Square, addressed the Council and asked if the light on the south side could be removed. Freese noted that a solution could be worked out to provide adequate lighting. Grotkin stated that they will work with staff to find an appropriate solution. Mayor Egan commended all those involved with working out a solution fov-1his proposed development. Councilmember Masin stated her concern with the size of the variance t lig requ&ted. Councilmember Wachter felt this business was welcomed by the residents. Councilmember Aw6da stated the need for this variance was to protect residents from industrial uses. CouncilmeMber Huritief added that he felt it was great that the applicant had worked with the residents to achieve a favorable. outcome. He further added that this variance was too big, hardship was not proven, and that by g arrt}r :fFie ya�ignce: flae Council would be setting a dangerous precedent. Mayor Egan added that he agree -w C6uft6a'rtlernber Masin, but felt that this was an issue where the equities needed to be balanced. He did not feel this variance was being requested only because of financial hardship. He added that this was an improvement from the last proposal. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Variance to allow parking within the 100 foot setback buffer for Lots.21::24; Block 2, Eagandale Center Industrial Park #4. Aye: 4 Nay: 1 (Councilmember Hunter) .. . CITY CODE CHAPTER 6.37 - LICENSING'-GF:.CON'$ RUCTION DEBRIS REFUSE HAULERS City Administrator Hedges gave an overview of this iteln. Councilmember Hunter stated that he appreciated the report containing points raised by haulers and residents. Councilmember Awada asked if the minimal amount of truck traffic generated from construction debris haulers warrants licensing requirements. Terry Davis, Chair of the Solid Waste Abatement Commission, stated. that there are no statistics available regarding the amount of traffic resulting from construction debris haulers, but added he thinks it has decreased. He noted that lice:rlsiijs. appropriat.:given the safety concern, the liability issue and the perception created by having laid:€rticiS:in:tjei>fiborf�oods. He also was concerned with debris not being contained properly. Mayor Egan stated ti;04though this does not appear to be a major problem now, eventually as infill development occurs, residents will be less tolerant. Councilmember Hunter stated that the containers could pose a health 60"M"' rd and:th"'y need to be properly identified and the debris needs to be properly contained. Councilmesfiber:.-Wi6bti�.,r:.:.$feted., that the licensing creates problems for contractors in Eagan. CouncilmemberlVlasii:fiiflf:i>:iiiy:tse::tsetpful to bring this issue before the Economic Development Commission or haulers for refinement. Hedges stated that haulers are represented on the Solid Waste Abatement Commission, but noted that builders and contractors did not have input on the issue. Councilmember Wachter did not feel the Economic Development Commission should be involved and added that the contractors are not in the majority. Councilmember Hunter felt builders and contractors should be notified before the ordinance is pags1 -46 naive their comments. Councilmember Wachter, moved;::r-ouncilmember-':i:ia�nter seconded a motion to authorize the preparation of ordinance amendments foftity Code Chaptef:&:'97 and 10.01 concerning construction debris refuse haulers as recommended by thi::SAlid Waste Abatem�tt Commission. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; JULY 16, 1996 PAGE 10 TEMPORARY OUTDOOR EVENT/SEASONAL OUTDOOR SALES City Administrator Hedges gave an: overview. of this. item. Senior Planner Freese gave a staff report. Councilmember Masin asked where:C..... rri s tre s t�ioyid be classified in regard to the ordinance. Freese stated that they would be classified uri-der'dufdooF''seastittal sales and would need a conditional use permit. She added that staff had deliberated about making exceptions for Christmas trees, since this has been a longstanding practice. She noted:#itit they were having a problem coming up with a definition that would exclude Christmas trees but encompass all other outdoor sales events. Councilmember Hunter asked about the procedure that's used now to control these situations and how they would be handled under the proposed ordinance. Freese stated that conditional use permits are granted currently and, under this new ordinance, would also be granted. Councilmember Wachter does not feel it is necessary to have all these conditional sales. He stated the4i6urs of operation, as proposed from 7:00 a.m. to 1:00 a.m., was too long. He also questioned the event 6e g allowi'd to occur up to three times per year in the proposed ordinance; he felt once per year was endugh. He was also concerned with tents being staked on blacktop and opposed the destruction of blacktop.:::Fteese no... that this requirement was removed by the Planning Commission in their recommendation.,.........CDUncilMQmber ..Hunter asked what times of operation Councilmember Wachter would prefer.oiiricilrtrdrttiael :111faiter suggested 10:00 a.m. to 9:00 p.m. Councilmember Awada suggested changingItF�.e't'ime:from`ib-:'0 a.m. to 10:00 p.m. Councilmember Wachter referenced the letter sent by Al Baker in regard to people using his parking lot to patronize other area businesses during their promotional events. Mayor Egan asked how it could be proven that people are attending other events and not at Al Baker's Restaurant. Councilmember Hunter asked about condition three on page 106, which.states:the site shall be kept in a neat and orderly manner, etc. Freese stated that staff tried to work -out -M009, e to address on site parking; however, there will be extraneous impacts associated with, hi� se:-Odtd6dr. seasonal events, but added that the proposed ordinance may serve to reduce the time 'an -d duration 6f :these events. She mentioned that staff has a limited amount of leverage to handle and enfaMp violations that impact other businesses. Councilmember Masin stated she feels the neighboring businesses4�i::rteighbors should have input into allowing temporary uses. She added that these temporary uses can take.::pd#v ntage of established business owners. Councilmember Wachter and Mayor Egan concurred. Councilmember Wachter suggested continuing this item to a future work session. City Administrator Hedges stated that by sending this item back to a work session, it could possibly reopen the whole process of public hearings that were held by the Planning Commission. Councilmember Wachter stated he understood that, but felt many questions needed to be addressed. Mayor Egan asked if this ordinance amendment was denied, would it be necessary for applicants to apply for conditional use permits�:f,r:temporary..:outdoor sales. Freese stated that they would have to, but added that she would need::to.:tt��scii. ..... issue: with legal counsel for verification. Mayor Egan suggested leaving the process as at::is: Count ili ember Wachter concurred. Councilmember Awada indicated that the ordinance amendment should%'' a adopted to address the Al Baker scenario. Councilmember Hunter concurred. He stated that he:disagreed with Hedges that continuing this item would require re -notification to the public. Mayr,:€$arr:., 9c6ed.;w4th:.Councilmember Hunter and added that if a major change was made to the ordinanca:*`tiaei dM--eKt:e V00 sed, then there would be the need to send this item back to the Planning Commission. Councilmember Awada moved, Councilmember Hunter seconded a motion to continue this item to a work session in August. Aye: 5 Nay: 0 FUNDING AUTHORIZATION>FOR'Ci'rY TFWLWAYMESTON HILLS DR. (RED PINE "'14E TO SO. ST"TFORD LANE) City Administrator Hedges gave:; >h overview of this item. Director of Public Works Colbert gave a staff report. Councilmember Hunter.: lcod, how..the...da &i ination was made with regard to the trail EAGAN CITY COUNCIL MEETING MINUTES; JULY 16, 1996 PAGE 11 serving a major residential area at the :north end vs. the south end. Colbert stated that staff from the Engineering and -Parks Departments rea6�led a consensus, based on their evaluation. He also said that the decision took into consideration the School District establishing a crosswalks at both three-way intersections, based on their pedestrianvitig;laiaii::;: Figdided that this location was the funnel point of all traffic, both pedestrian and vehicles ". f*V e�::F.�tif19:t evelopment to the Red Pine Elementary School and the City park developed in Wordination with the school. Councilmember Hunter asked if a petition, containing 35% of the signaturisii::necessary, was received. Colbert indicated that the original petition had not contained 35% of the necessary signatures from the affected property owners. He added that the petition had signatures from 11 % of the affected property owners along the designated route up to Cliff Road. Councilmember Awada stated that this sidewalk should have been put in initially with the development. Mayor Egan asked for comments from the public. Myriam Husman, stated that she leas not aWgre of the 35% requirement for signatures on petitions. She thought the petition would serve as:4h impet0s`46r discussion. Mike Schaff, 4795 Weston Hills Drive, addressed the Council and stated he thought the project was a waste of money and he added thattf�ere:vVs:;i1D::dpiSeiStiS:in the neighborhood for the installation of the sidewalk. He stated the interest in the sidevtiiatic was t7ased on the original petition circulated last March, which called for a sidewalk to extend all the way to Cliff Road. Councilmember Masin asked Schaff if he was not concerned about safety. Schaff stated he is not convinced that there is a safety issue. Mark Jansen, 4805 Weston Hills Drive, addressed the Council and stated there is clearly a safety issue, but added that was why the stop signs were recommended. He noted that there is only 300' feet of street that poses a safety danger. He added that: bis::biggest concern was the lack of crossing guards and the school district's response was to .bt�s:..... i0 .... He stated that a second safety danger was due to a large construction project going on :in: lNestiin Hills'.t::' he added that the development is nearly full and the amount of construction traffic has.b!rf significantly reduced. He further noted that this stretch of sidewalk does not connect anywhere. Discussion::c�i#inuad regarding the appropriate placement of the sidewalk. Councilmember Masin stated that the point of installing the sidewalk is to keep people from walking in the street. Jansen stated if the objective is to get people to not walk in the street, it makes more sense to put the sidewalk on the other side of the street and take it through the whole complex to Cliff Road. Councilmember Wachter asked Jansen why the sidewalk should go all the way to Cliff Road. Jansen stated that the whole area to the east and west. uses the park,. Councilmember Wachter said that he felt if children have a sidewalk to use, they stated that there are more children and homes to the west of Weston Hills::Clove. Jails added that a lot of those children are bused from that location. Jansen also mentioned that t* sideWa)k.'Js::too wide and will come up too far on the property. Mayor Egan asked if the sidewalk prppi $Od::iii S::a::;srii:: :concrete walk rather than an eight foot bituminous walkway. Director of Public W6Fks•C6l6erf irrdicaied that a six foot concrete sidewalk was being proposed. Mayor Egan noted that design modifications could be made in regard to the width of the sidewalk. He further noted that internal sidewalks have been objectionable. Jansen added that the sidewalk should not be limited to 300 feet. Mayor Egan stated that the problem with increasing the length of the sidewalk is that if the remainder of the::sidewalk does not fit into the City's integrated system, assessments to property owners would bgt::ft wary:laud::it:would be difficult to establish special benefit. Councilmember Hunter noted that the objective is to deter -mine if the City is obligated to spend trailway funds for this specific piece of sidewalk:�i g proposed. Tom King, 4800 Weston Hills Drilla, addressed the Council and stated that he lives directly across EAGAN CITY COUNCIL MEETING MINUTES; JULY 16, 1996 PAGE 12 the street from the proposed sidewalk. :He: added that he helped circulate one of the petitions and that residents wanted'a trailway from Red Pine:..;pne to Cliff Road. He requested the Council look at the whole neighborhood and give them a comprehensive safety program for the children, not just a sidewalk in front of three houses. He noted that there has:iobec;a:ilJ:ltllid:Baring and no information has been sent to the neighborhood, which has resulted iri a laclt of time to i,f fmput from residents. He further noted that another problem is displacing the sidewalk:eight feet from the curb and making it six feet wide. He added that he would like to see more enforcem$f `f the stop signs and a reduction in the speed limit. He asked the Council to complete a comprehensive study to find long-term solutions to this safety issue. He mentioned the driveway easement that connects Highway 3 to Inver Grove Heights. He noted that someone using the driveway access could hit a child on the sidewalk. Discussion continued regarding the driveway access. Councilmember Wachter stated that staff from the City of Eagan had contacted Inver Grove Heights to construct a park for that:area. He added that Inver Grove Heights was not interested in constructing the park. Mayor Egan statedihat the C6 of Eagan is powerless to solve the driveway access issue in Inver Grove Heights. Mickey Westrum, 4716 Weston Hills Drive,. addressed the Council and stated that when the petition first came around, it stated this project -*K1f t::be::t0J0y.-: 11600 by the City. She added that she then received a letter stating that certain porti6ns,d6bId-'be-fijh&d':bi the City, but if the sidewalk went all the way to Cliff Road, residents would be assessed. She stated her concern is that she does not want to be assessed. She added that she was also concerned about the liability that could be incurred if someone was to get hurt on the sidewalk. She also asked if she would be responsible for moving her landscaping and sprinkler system and who would be responsible for the cost that would be incurred. Mayor Egan asked Colbert if the street was wid:44r bUgh to accommodate a painted pedestrian lane on the street. Colbert indicated that lfVesfcst:Hifls tirive is just a residential street without extra width, but this could be accomplished if the Coiraccl so directed;:::He added that this has not been done anywhere else in the City. Councilmember Hunter .gpesWned if tfte City should be spending City dollars on this project. He stated he disagrees with staffs interpr,.tWion:ot.the. trail system plan that this trail connects the park to a major residential area. He added that he befieve`s:.th.0- major residential area starts at the south end and not the north end. He further added that the intent`&':fU`rading trails is to connect remote residential areas to parks. Mayor Egan asked if any other Councilmembers were interested in painting a pedestrian walkway. Councilmember Awada stated that sidewalks should be put in this area. She added that three lots are not adequate for this sidewalk. She responded to one of the resident's concerns regarding the speed limit. She stated the speed limit posted is the State minimum and the City cannot lower it. A question was raised if the City could install,.a..eed, bumps,or,:additional stop signs. Mayor Egan said that the City does not have a standard for spend :f}tittaps.;: Me 0ided::that in regard to putting up more signs, the City has a policy that requires certain co_ria must:pa::rhet. Councilmember Masin comment dAhat she.lives across from a park and many people do not stop at the stop signs located there. She :stated.,#hat:::Odinq more stop signs is not an effective solution. Councilmember Awada noted that thea 'ilii r5::h6ikdii::fie addressed before the start of school. Councilmember Hunter stated that he disagrees *with putting 'sidewalks everywhere and having the City incur the cost. He said the reason petitions are brought forth is because residents feel there is a need for something and they are willing to pay for the assessment. Husman indicated that she thought the.:pet4idn:vrQold prompt discussion and research. She added that every school in Eagan has sidewalks: ?rrortleCtirig:idential areas to them, except for Red Pine Elementary. She further added that a sii.106n needs t6%bzlound. Mayor Egan stated that there is no policy in the City for interior sidewalks.:-H6�again suggested::painting a pedestrian trail all the way to Cliff Road to see if this will address the safeiy:;issue. Mayor Egan;:tated that it would be practical to paint the stripe on the west side. He noted that t is a division amo:64st the residents as to what should be done. EAGAmCITY COUNCIL MEETING MINUTES; JULY 1O.1o96 PAGE 13 Mayor Egan moved, Cnu Avvadm seconded o motion to notify the residents along Weston Hills Drive of the intent to put pp.n.Q.parking. signs. and paint a pedestrian/bicycle trail on the western side of Weston Hills Drive fron�:§� , 6:. . ld� lik Road, to be considered at the August 6, 1996, City Council meeting. Aye: 5 Nay: Councilmember Hunter moved, .:06�ncilmember Wachter seconded a motion to deny expenditure of trailway funds for construction of a 6'concrete sidewalk/trailway along the west side of Weston Hills Drive from Red Pine Lane to South Strafford Lane. Aye: 4 Nay: 1 (Councilmember Awada) Cound|memberHunter stated that residents have the rightstonytimetnoubnitapeUUonhothe City Cowners. The City Attorney was directed to research the |anua of who mmPu(d be of the 3596 of affected property owners and who should be considered o benefitted prop owne^i order to determine who should be assessed. Counci|nnarnbarHunter moved, toun,c,i)hi�hi���J���d4.*soconded o motion bochange the Council work session date from July 31 and set Council work session for July 30. Aye: 5 Nay: O Cound|nlennber Hunter moved. Counci/nlennberAxade seconded a motion to set Council work session dates for August 8and August 2O. Aye: 6 Nay: O REQUEST BY OPUS CORP. TO.M I":: 'STER PLAN REGARDING STORE FRONT :J`1 , L-EVATI&N'S AND LIGHTING City Administrator Hedges gave an­:0vpNiew.p'f tMs item. Mayor Egan stated that the forest green ft .*.'' ....Senior Planner Freese discussed the revised color was more acceptable than purple for th uJ rjg-� plans. Councilmembers Wachter and Awada commen . d6d ::Ba . Mes and Noble's appearance. Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the changes tothe master plan for the Opus Promenade eopresented. Ave: 5 Nay: 0 CONTRACT 95-12, DEERWOOD RESERVOIR -LOGO DESIGN Director of Public Works Discussion occurred between the Councilmembers as to the preference of fh6logo. C'%-�­n­blmember Hunter moved, Councilmember Wachter seconded a motion to approve logo #2...�ye: 4 N*a�: 1 (Councilmember Masin) Director of Public Works Colbert gave an overview of this item. Councilmember Awada moved, Councilmember Hunter seconded a motion to approve the standard lease agreements with authorization for the Mayor and City Clerk to execute all related documents subject to the necessary exhibits meeting staffs approval. Aye: 5 Nay: 0 EXTENSION OF WORK H. -.: .1*F-6Ik:.MCNAMARA CONTRACTING FOR Director of Public Works Coftil stated that he r.fteived a fax from McNamara Contracting EAGAN CITY COUNCIL MEETING MINUTES; JULY 16, 1996 PAGE 14 is requesting the hours be expanded from''. 00 a.m. to 9:00 p.m. Councilmember Hunter moved, .Qounciimember Awada seconded a motion to approve the extension of work hours from 6:00 a.m.::..lUfc <l*nara Contracting to work on Northwood Drive. Aye: 5 Nay: 0 Councilmember Wachter asked wjl? there is a big mound of dirt by the access to 35-E. Colbert stated that he thought it was crushed concrete to be used as base. Director of Public Works Colbert indicated he is trying to negotiate with Mn/DOT regarding their participation on these improvements that are of benefit to the State only. He added that State law precludes Mn/DOT's participation after 4::contract is awarded. He further added that he is working to delete portions of the contract, that are: jiurely for.;: a benefit of the State. He noted that the deleted portions will not affect the integrity of the::project 9nd: he stated that he is also trying to get the State to commit to future participation based on tie: value received. City Administrator Hedges commended Director of Public Works Colbert for negotiating the lease agreements. He also commended City Attorney Sheldon for his work. Colbert noted that over the 25 -year term, with the three vendors, $5 million dollars will be generated in lease revenues. Hedges commended Councilmember Hunter for suggesting implementing a tracking system to track inquiries and requests made to the City Council from:00p%ituents. He added that the network system will be in place soon. He noted that Council r.. be assisting in reviewing specifications and thanked him for his input. Councilmember Wachter expressed tiffs diappQihtcnent that the City has not received an answer from the County in regard to Green Acres. Hedges note - 3: tic would check with the Director of Finance and see if he has received anything additional from the County: Councilmember Wachter stated he felt it would be best for Eagan if the Chamber of Commerce and Convention and Visitors Bureau were separate entities. He asked if Honey Tree, Ltd. would be coming back to the City Council. Hedges stated they would be back in August. Councilmember Wachter acknowledged City Administrator Hedges for reaching his 20th year of employment with the City of Eagan. Councilmembers applauded his length of service to the City. Councilmember Wachter asked...how.::the MVTA:.gets involved with sponsoring an activity. Councilmember Masin stated that they spr,�ttsi5t:ore:aGiv4ji:{ City. Councilmember Awada noted thai t''it would 'have been more cost effective to settle the Blomquist lawsuit instead of going through litigation;:::-*Councilmember Awada acknowledged Councilmember Hunter's idea for a wading pool and also said that t:Ke.locaW.n::pf the.pool was a good choice. Mayor Egan noted that he will be at the Noise Conference next week. He stated that discussion will take place regarding the location of next year's conference. He added that they will be trying to locate the conference in this area with the City of Bloomington and Eagan collaborating together. He also added that there may be the possibility that Eagan could host it entirely. Councilmember Masin asked about111w-Airlinkr:., el and what could be done to get rid of it. Hedges stated that he had the minutes sfie:led requested i:it:a prior Council meeting. He added that the Airliner is involved in the TIF certification'-ptocess right now.:::F a mentioned that Sue Haggerty of the Sun Current is doing an article on the Airliner;: addressing the history of the hotel and also present issues. Councilmember Masin thanked everyorii�:.who was involved. -Oh the Fourth of July celebration. Hedges EAGAN CITY COUNCIL MEETING MINUTES; JULY 16, 1996 PAGE 15 noted that a letter was received from a resident who expressed her concern with the lack of a color guard in the parade. He added that a letter is:b.ejng drafted to be sent to the Lions Club and to the resident. Councilmember Hunter stated he.:h'oo:b.'ee.n::OW.ti3.cted::t)y Keith Nelson, a resident who lives by the .... ........ -Scott and Lexington intersection. He':.:i p::.w ji't : to know when a revised feasibility report uld be completed. Director of Public..Works Colbert indicated that a letter was sent out and the report Jue this week. Councilmember Hunter: equested that Colbert deliver a copy of the feasibility report to i and he will forward the report to the''r6sident. Councilmember Wachter moveO:.Mayor Egan seconded a motion to approve the check register ed July 11, 1996 in the amount of $2; 4,498.7:%: Aye: 5 Nay: 0 The meeting adjourned at 11:06.0% MLK Date City Clerk )u need these minutes in an alternative form..such as':kirge print, braille, audio tape, etc., please contact City of Eagan, 3830 Pilot Knob Road, .: E'6grar�.*,1N--:-55122, (612) 681-4600, (TDD phone: (612) 454- ..... . . .... 5). City of Eagan is committed to the policy that all persons have equal access to its programs, services, lities, facilities and employment without regard to race, color, creed, religion, national origin, sex, bility, age, marital status or status with regard to public assistance. Agenda Information Memo August 6, 1996 Eagan City Council Meeting 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. Item 1. Police Officers ACTION TO BE CONSIDERED: To approve the hiring of two persons to be named as police officers, subject to successful completion of the City's physical, psychological and drug testing examinations. FACTS: The City is currently reaching the end of an extensive hiring process for the two vacant police officer positions at the City. Final interviews will be held by Chief of Police Geagan on Tuesday, August 6, 1996. It is anticipated that names will be given to the Council at the Council meeting on that date for approval for hire, subject to successful completion of the physical. psychological and drug testing requirements. Item 2. Detective/Police Department ACTION TO BE CONSIDERED: To approve the appointment of Patrol Officer David Bork as a detective in the Eagan Police Department. Item 3. Temporary Seasonal Playground Assistant ACTION TO BE CONSIDERED: To approve the hiring of Sandy Tupy as a seasonal temporary playground assistant. Item 4. Temporary Intern/Parks & Recreation ACTION TO BE CONSIDERED: To approve the hiring of Bradley Eller as a temporary intern in the Parks & Recreation Department. ON Agenda Information Memo August 6, 1996 Eagan City Council Meeting Item 5. Temporary High School Clerical Interns/Parks & Recreation and Fire ACTION TO BE CONSIDERED: To approve the hiring of Marie Keeler and Laura Tippens as temporary high school clerical interns for the Parks & Recreation and Fire Departments for the 1996/97 school year. Item 6. Skate Guards/Civic Arena ACTION TO BE CONSIDERED: To approve the hiring of Nicole Darwitz, Jesse Miller and Ryan Darwitz as skate guards for the Civic Arena. Item 7. Temporary Seasonal Recreation Leader ACTION TO BE CONSIDERED: To approve the hiring of Angelynn Mock as a temporary seasonal recreation leader in the Parks & Recreation Department. Item S. Resignation/Civic Arena Manager ACTION TO BE CONSIDERED: To accept the letter of resignation from Civic Arena Manager Todd Burkart. FACTS: The City has received a letter of resignation from Civic Arena Manager Todd Burkart effective September 13. As usual with a resignation from this type of position, the organization of this division will be evaluated and a recommendation regarding the filling of this position or possible reorganization will be forwarded to the City Council. Agenda Information Memo August 6, 1996 Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve change orders for the Municipal Center Building Project in a net amount of $1,676.70 as presented. FACTS: Currently, two firms remain with change orders outstanding and the construction manager is following up with them to clear all paperwork regarding this project. ATTACHMENTS: ■ Staff memorandum on page —city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: JULY 22, 1996 SUBJECT: MUNICIPAL CENTER EXPANSION CHANGE ORDERS MEMO The City is in receipt of seven change orders for the municipal center remodeling in the net amount of $1,676.70. The changes are described below: 1. The Pink Companies - Change Order #3/pco #88 - Replace vinyl base in portion of community room and install carpet at lobby stair landing where old carpet could not be salvaged - $465.00. 2. The Pink Companies - Change Order #6/pco #109 - Delete vinyl base in basement, and vinyl flooring in mop closet, change base color in Council Chambers - ($82.50). 3. Gateway/ACG - Change Order #1/pco #57 - Backcharges for extra costs for temporary enclosures and doors due to timing of curtain wall installation - ($932.00). 4 Gateway/ACG - Change Order #2/pco #105 - Backcharges for extra costs for temporary enclosures and other contractors costs due to timing of curtain wall installation - ($1,728.00). 5. Spraungel Construction - Change Order #8/pco #66 - Backcharges for floor leveling performed by carpet and tile contractors - ($1,528.42). 6. Spraungel Construction - Change Order #9/pco #108 - Repair sidewalk and curb as required, cut additional drain openings, fill duct opening not on original plans, fill openings in existing structure for fire rating, grout between settled beam and precast and credit for broom finish in lieu of exposed aggregate plaza - $3,173.62. 7. Spraungel Construction - Change Order #10/pco#114 - Floor leveling due to existing conditions under flooring, surface preparation for cellular leveling material and modifications of south drive layout - $2,300.00 These changes have been reviewed in detail by the consultants and staff. If any Council member wishes additional information, please let me know. Agenda Information Memo August 6, 1996 Eagan City Council Meeting i 1U_� 1�_ 1 TO;_ t 1u143IT111 Lei WO -All 84110 16V41V 9 111m,10 91 UY14711 01 ACTION TO BE CONSIDERED: To approve a recommendation by the Burnsville/Eagan Cable Commission to participate in the League of Minnesota Cities' Public Rights -of -Way Program by contributing $2,350 to be paid from retained franchise fees. FACTS: ■ The City is in receipt of a request by the League of Minnesota Cities for a contribution to help fund a special work program to protect the local authority to manage public rights-of-way-. ■ The Cable Commission reviewed this request on behalf of both Burnsville and Eagan. At its meeting of July 25, the Commission recommended that each City make this contribution. ■ The League of Minnesota Cities indicates that challenges are anticipated to local authority at both the Public utilities Commission and the legislative levels in the coming year. The nature and extent of this challenge is such that it is greater than the typical scope of work anticipated by the League's ordinary policy committees. ■ The Cities Bulletin noted below indicates that 139 cities have committed to this effort at this time. ATTACHMENTS: ■ LMC correspondence on pages through ■ Pioneer Press article on page --- • LMC Cities Bulletin article on pages -/I— through ■ Commission recommendation on page _&�. L M"C 143 University Avenue West, St. Paul, M\' 35103-2044 League of Minnesota Cities Phone: (612) 281-1200 - (800) 925-1122 Cities p omotino e:cal/ance Fax: (612) 281-1299 - TDD (612) 281-1290 July 2, 1996 Dear Mayor Egan and Members of the Eagan City Council; By now, you are probably aware of the rights of way issue facing cities in Minnesota. US West's challenge to local management of the public rights of way is one of the most critical issues cities have faced in years. It was a topic of considerable discussion at the Annual Conference, where member cities supported the League Board of Directors decision to move forward with an aggressive work program and financing plan to counter this challengc. We need your city to make a special payment to this fund and help put the work plan into action. The work plan developed by the Rights of Way Task Force and approved by the Board could cost $325,000 or more. This assumes that a large portion of the work plan will be coordinated by and implemented through League staff. The Board has agreed to allocate $125,000 from the current League budget for the work plan and is asking member cities to voluntarily pay $200,000. Based on your city's 1995-96 League dues, your suggested minimum payment is $2,350. Please consider this request in July and submit your payment by August 15, 1996 if at all possible. If each city meets their minimum payment, the $200,000 target is reachable. However, because it is unlikely that all cities will join this voluntary effort, we encourage members to allocate more if this initiative is of particular importance to them. Two important points should be made: First, this is a voluntary payment. As a member of the League of Minnesota Cities, you are not required to take part in this effort. However, if total city payments fall significantly short of the $200,000 goal, the League will not be able to fully undertake the work plan. Second, your voluntary payment should not be confused with your League membership dues which will be billed at the beginning of September. The Board of Directors and I understand that this issue must be weighed against the priorities in your city. However, we believe that the prospect of losing local control of public property warrants this extraordinary effort. This is a complicated issue, please consider it carefully. Enclosed is a brief information sheet to help you in your deliberations. If you have any questions, contact me at (218) 643-1431, League Executive Director Jim Miller at (612) 280- 1205 or (800) 925-1122, or any member of the Board of Directors. Sincerely, 72& ( • Blaine C. Hill President, League of Minnesota Cities `7 cc: Citv ManaQ er. Administrator or Clerk , Common questions about public rights of way Why did local management of public rights of way become such an issue? - In February, US West challenged a wood Falls ordinance that set standards for installing fiber optic cable in the public right of way. The ordinance charges a small per foot fee, requires the cable to be encased in concrete conduit, or, if that isn't done, limits the city's liability in case the cable is damaged. US West asked the Minnesota Public. Utilities Commission (PUC) to take over jurisdiction of city rights of way, and set aside any local regulations. Then, US West sued the city of _redwood Falls in District Court. US West asked the court to prevent the city from enforcing the ordinance, and allow them to lay their fiber optic cable pending resolution of the matter before the PUC. Didn't the District Court rule in favor of Redwood Falls? A Yes. The League intervened on behalf of YARedwood Falls early in the proceedings and hired outside legal counsel with expertise in utility law. Those efforts paid off when a Fifth District Court Judge dismissed the lawsuit brought by US West. In the order dismissing the suit, the judge stated essentially that the state law creating the PUC authorized it to regulate telephone service providers but did not take away cities' right to impose reasonable regulations and to charge a reasonable franchise fee for the use of their streets and services. The Age wrote "...The public utility commission regulates telephone companies, not cities." Doesn't that settle things? Not necessarily. The District Court ruling robably will have little bearing on the PUC ruling, which is expected later this summer. US West may also appeal the District Court ruling. Regardless of what happens in these two arenas, the Legislature will be looking at this issue when the 1997 session begins in January. Why is this such an important issue? The implications of this case are enormous. deregulation and competition among telecommunication and utility providers continues, there will be more and more demand for access to the ground under city streets. All kinds of businesses and utilities make use of that scarce space - telephone companies, cable television companies, gas companies, power companies - and so on. If cities are not allowed to manage the use of the right of way, streets could be tom up regularly and underground facilities could become a tangled maze. Imagine your city completing a major repaving project, only to have the street torn up by a utility looking to install lines. Imagine the phone calls to city hall from irate residents if streets are blocked off two or three times a year. Imagine your fiustration when it becomes obvious that local taxpayers are being forced to subsidize private industry and pay higher taxes to build and maintain city streets. So what is the League of Minnesota Cities doing? As the magnitude of this issue became clear, the League Board of Directors appointed a Rights of Way Task Force to look at what should be done. Through the course of several meetings, the Task Force developed a work program that involves legal, legislative, and public information strategies to protect cities' role in managing the public right of way. The Task Force estimates that full implementation of the work program could cost as much as $325,000. The Board has agreed to finance this work program by allocating $125,000 from the current League budget and asking member cities to voluntarily allocate $200,000. QLeague $200, 000 is a lot ofmoney. What is the going to do with all of that? .'kThe work plan includes legal epresentation, work with legislative leaders, and an extensive statewide public information campaign. While League staff will take on the bulk of this work, it's likely that outside assistance will be needed. Flow did you decide how much you want our city to pay? . . Your suggested payment is based on a rcentage of your city's 1995-96 League dues. QDo we have to pay? How will the payment affect our dues? No city if required to pay. This is strictly a X­Xvoluntmy payment. Also, it's entirely separate from the League dues statement your city will receive in September. Qnot if our city decides not to pay? /j That's your choice. As a member of the I-ILeague of Minnesota Cities, you are not required to take part in this effort. However, if total city payments fall significantly short of the $200,000 goal, the League will not be able to fully undertake the work plan. QCan our city pay more? Certainly. In fact, we encourage members o allocate more to this fiend if this initiative is of particular importance to them. If all member cities meet their minimum payment, the $200,000 target is reachable - but it's unlikely that every city will join this voluntary effort. 0 After we pay, how can we stay up to date on the issue? A We will keep you informed of any developments through articles in Cities Bulletin, direct mailings, and broadcast faxes. 0 Clearly, our payment is only part of the solution. What else can we do? � The best thing city officials can do is stay ormed, and pass that information along to as many others as possible. Discuss rights of way with your local editors and reporters; make local control a campaign issue for your House and Senate candidates; talk to your local Chamber of Commerce about the business impact of torn -up streets; let taxpayers know you're working to protect their investment in streets. QI'm still confused. Who should l call? 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Z yc�oB�=E�yLvo3By«s•ouyF�� L NO a seec°o��a 4•vp� a c B ecea A mH $ a� :c 0 ece 0'a0i � V I 1'�7 i • LMC %coca¢ Minnesota Cities Cilias�rVototingdXc¢%ncacltlqc;�� Nunihcr 20 B.iietun._ July 26, 1996 MPUC issues order in US West proceeding Joel Jantnik Stating that US West sought relief which would be "ineffective and potentially divisive" if granted, the Minnesota Public Utilities Commission (MPUC) today released its written order and statement dismissing the telecommunications companies's petition. The MPUC had voted on July 9 to dismiss the petition, but city representatives were concerned that the formal written order could contain improper or inflammatory statements inconsistent with the MPUC proceeding. "It's gratifying to see the legal issues resolved in favor of cities, but it's naive to think that the telecommu- nications providers and other utilities will let this issue drop." said Jim Miller, League Executive Director. "The thought all along has been, that ultimately, this issue will be resolved at the Legislature. That's where our next challenge will come, and it will be a formidable challenge." The written order draws heavily from the MPUC staff's briefing paper to the Commission. It explains the positions of the parties and the con- cerns of the MPUC. The Commission's action is summarized: Page 3 — $30 limit dropped The State Conference of Chief Judges reconsidered their earlier decision to set ordinance violations at $30. "The Commission will dismiss US West's petition because the relief it seeks would be ineffective and poten- tially divisive. The Commission it -ill require Minnesota telecommunications providers to notify the Commission if they encounter local ordinances which appear to conflict with the Commission's exclusive authority. This notification will allow the Commission to take action to protect the public interest in ensuring telecommunica- tions providers statewide access to local rights-of-way on just, reasonable, and non-discriminatory terms." The MPUC recognized that the petition raised serious issues about the scope of, and relationship between, the MPUC and municipal authority over the installation of telecommunications infrastructure. However, the order stated that the relief sought was "unlikely to end conflicts between the company and municipalities" and added, "in fact, it could exacerbate tensions between the company and municipalities and create new intergov- ernmental tensions, for no good purpose." The MPUC acknowledged that "local governments would correctly view any Order or rules coming out of the requested proceeding as purely Page 6 — PCS Information Greater Minnesota Cities will soon receive a packet of information on PCS siting. advisory," that it "would not be an efficient use of the Commission's or other parties' resources to develop advisory guidelines on infrastructure development." The order went on to add that 'obviously, the Commission cannot resolve conflicts between municipal and Commission authority unilaterally." See MPUC, page 4 The League sends the Cities Bulletin to the mayor and to the adminlstrator or clerk. Be sure to route It to your councllmembers and department heads. MPUCcontinued from page t The MPUC however, did indicate its commitment to "nurturing compcti- tion" during this "pivotal time in the history of telecommunications," and stated: "For c•ontpetition to thrive, however, all potential market entrants must have ready and effective access to public rights-of-tvay on econonn.cal and non-discriminatory terms. They cannot face unnecessarily burdensome construction requirements. They cannot face construction or permit fees exceeding the costs they intpose. If all parts of the state are to bene/it from competition, market entrants cannot face a hodgepodge of conflicting local requirements. That is why the Legislature has rested central- r;,cd, etclusivc control over the construction of telephone lines, exchanges, and service delivery in the Commission.... Municipalities, mean- while, retain authority over the location of telecommunications facilities and have a right to require the repair and restoration of streets, alleys, and other public areas damaged by the installa- tion or operation of teleconununic•a- tions facilities." The MPUC stated that the facts surrounding particular ordinances cited by US West in its petition were not "developed in enough detail for the Commission to reach firm conclusions about whether they conflict with the Commission's authority over public rights-of-way," but that "they clearly raise that possibility." The MPLIC indicated that it will, however, examine each ordinance to determine whether it violates statuton provisions giving the Commission exclusive, statewide 4M Fund update An investment alternative sponsored by the League of Minnesota Cities What is the 4M Fund? The 4M Fund is a short-term money market fund specifically designed to address the comprehensive cash management needs of Minnesota cities and their instrumentalities. Backed by the objectives of providing safety, liquidity and a competitive yield, the Fund is comprised of the highest quality, short-term investments allowable under Minnesota Statutes 475.66.The short-term nature of the Fund serves to minimize the effect of changes In interest rates.The Fund is managed and serviced by Insight Investment Management and MBIA -Municipal Investors Service Corporation. A fixed rate program administered by Dain Bosworth Incorporated is available to 4M Fund participants, offering such alternatives as certificates of deposit, U.S. Treasury and agency securities and commercial paper. Market Update - July 8 through July 19, 1996 Short-term interest rates remained stable during this period. After the release of strong employment figures on July 5, many observers believed the Fed might increase short-term interest rates very soon. But comments by various Fed officials, especially Chairman Greenspan, indicate that the Fed believes that the economy is poised to slow on its own. These comments make it less likely that the Fed will take any immediate action to raise the Fed funds rate. The market still believes the Fed will raise rates atter their late August meeting, probably by 0.25 percent. Daily Rate"uly 8 through July 19, 1996 interest Fund Average interest Fund Average Date Rate' Maturity Date Rate' Maturity 7108 4.97% 26 days 7115 4.99% 18 days 7119 4.96% 26 days 7116 4.98% 18 days 7r10 4.97% 26 days 7/17 4.99% 18 days 7/11 4.95% 22 days 7118 4.98% 22 days 7/12 4.95% 22 days 7119 4.96% 22 days 'Interest rales are net of all applicable fees. Daily interest compounding, free checking, Automated Clearing House (ACH) payment systems and investment educational opportunities are among the services offered by the Fund. For more information, please cat] Stefanie Adams of Insight Investment Management at (800) 333-0813 or (612) 371-7275, authority over the construction of telecommunications infrastructure" and "if it does, the Commission will use all available means from negotiation to litigation, to assert its statutory author- ity and discharge its statutory duties." The order of the Commission has an immediate effective date. R Right of way fund growing Tito Busse Cities ranging in size froin Wolf Lake (population ?3) to Austin (population 22,000) have paid more than $16,000 to the League fund recently established to protect local management of the public rights of way. Every member of the League of Minnesota Cities received a letter in early July explaining the rights of way issue and asking each city to pay into the fund. So far, 139 cities have approved the payment. "Thanks to the cities that have already paid into the fund," said Jim Miller, League Executive Director. "If all cities follow their example, we will have the resources to fully take on this challenge on." Soon after the League Board appointed the Public Rights of \Vay Task Force. a three -pronged strategy emerged to deal with this direct challenge to local management. The Task Force and League staff devel- oped a work plan to address the legal, the legislative and public information demands that citiec faced. With the dismissal of the LiS lawsuit against Redwood Fall-, in District Court, and with the order from the MPUC, cities have done well on the legal front. However, this issue will ultimately will be decided in the legislature. For cities to succeed, the resource-, must be available to work effectively with the legislature and make facts surround- ing the issue known to the public. ir Page 4 LMC Cities Bulletin l� ! EAGAN �� cin 0.1 COMMUNICATIONS COMMISSION 100 CIVIC CENTER PARKWAY, BURNSVILLE, W1 55337-3817 OFFICE (612) 895-4476 - FAX 895-4404 - TDD 895-4567 MEMO TO: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN FROM: CABLE COORDINATOR REARDON DATE: JULY 26,1996 SUBJECT: LMC'S PUBLIC RIGHTS-OF-WAY SPECIAL FUNDING REQUEST City Administrator Hedges had requested that the Cable Commission review and provide a recommendation to the Eagan City Council regarding the LMC's request for public rights-of-way special funding. At the Commission's July 25 meeting, the Commission reviewed LMC's request, discussed it at length and provided the following recommendation: The Burnsville/Eagan Cable Commission recommends that both Member Cities provide to the League of Minnesota Cities the "suggested minimum payment " as indicated in President Hill's July 2 letter. The Commission further recommended that the payment come from the Member Cities retained franchise fees. It is my understanding that this issue has been placed on the Eagan City Council's August 6 Consent Agenda. Both Chair Cooper and I will be present at that meeting. Should you have any questions in the meantime, please do not hesitate to contact me. r� Agenda Information Memo August 6, 1996 Eagan City Council Meeting CONSENT AGENDA ACTION TO BE CONSIDERED: To approve corrections to the July 2, 1996 regular City Council meeting minutes. FACTS: The July 2, 1996 City Council meeting minutes inadvertently contained an incorrect name of an individual who spoke in regard to the conditional use permit for McG's. The name and appropriate language have been corrected in the minutes and the City Council is being asked to approve the changes. ATTACHMENTS: A copy of the corrected minutes are enclosed on page EAGAN CITY COUNCIL MEETING MINUTES; JULY 2, 1996 PAGE 10 CONDITIONAL USE PERMIT - MCG'S, INC. City Administrator Hedges gave an overview of this item. Senior Planner Ridley gave a staff report. Councilmember Hunter asked who had been noticed. Ridley stated that property owners 350' out had been noticed. Councilmember Hunter asked why the other residents who were at the last public hearing were not noticed. Mayor Egan stated that it would be too hard to control which residents to invite and which ones not to invite. He added that the ordinance needs to be followed which states 350'. Councilmember Hunter mentioned that he thought the Council had agreed by consensus that the 350' statute should not be used as a hard and fast rule. Mayor Egan stated that green signs were applied and the 350' notice was sufficient. Councilmember Hunter proposed the issue of noticing be discussed at the Roundtable. John Shardlow, representing McG's, addressed the Council and noted that significant changes had been made to the proposal since the earlier request. He said that both driveways had been consolidated into one and that the number of pumps had been decreased from four to three. He also added that the circulation on the site had been improved and the lighting on the site was also improved, .with substantial landscaping also being proposed. He addressed the concerns raised regarding the housekeeping issues. He mentioned that the previous tenant, adjacent to McG's who was a primary concern, is gone and that the site had been cleaned up. He also talked about the traffic concern and stated that the traffic report indicates the center is operating below capacity. He submitted a petition signed by a number of customers in the area and other tenants in the center, who support the proposal. He also noted the environmental concerns and said that strict standards are in place which require tanks to be double -walled. Hussein Ansari, addressed the Council and explained that at the City Planning meeting, a number of neighbors came to the meeting and talked about how bad it is going to be for them. He stated that it is already tough for them right now and with the addition of McG's, it will get even tougher. Mayor Egan noted that Ansari does operate a competitive gas station and added that the City has been working very hard to try and improve the economic viability of that area. He stated that the 1996/97special assessment budget had just been approved for the Cedarvale area and added that many steps have been taken to try and enhance the economic viability of the area. He said that the Council could not regulate competition. Ansari stated that he was not asking for regulation of competition, but rather referred to the neighbors who came in and stated they did not want anything like this in the area. He added that he lived in the area for 15 years and thought he was promised that if he could come up with the money to put some operation like what he had for Texaco, the City would help him out. He further added that if the Council decides to put another competition in this area, it will destroy the Cedarvale area. He noted that he had a petition signed by the Cedarvale merchants and they are all against it because traffic will be cut completely off. go Councilmember Hunter noted that the Council does want to help out the entire area and that they have put a lot of work into revitalizing the area. He stated that this use would help out the area. He noted that only two people were opposed to this use at the public hearing at the Planning Commission. He also added that the petition shows support for the proposal and further added that the primary reason for denial before was because of the second entrance. Mayor Egan noted that the application has come back with reasonable modifications. Councilmember Masin commended the applicant for the improvements made to the proposal. She questioned if there was some problem with the management at Silverbell in regard to lease costs being too high. She also added that she is concerned with pollution and stated that at some point, the location and number of gas pumps in the City needs to be addressed. Councilmember Awada felt this proposal was a great improvement from the earlier request. Mayor Egan concurred. IS Agenda Information Memo August 6, 1996 Eagan City Council Meeting �.I Ikl,]! ' ![800141191 a) ACTION TO BE CONSIDERED: To approve a resolution authorizing the execution of the Cooperative Agreement with the Minnesota Department of Public Safety for the project entitled Community Oriented Policing (COPS) Grant (Hiring of Police Officer) and authorizing Chief of Police Patrick Geagan to execute such agreements and amendments as are necessary to implement the project on behalf of the Eagan Police Department. FACTS: ■ The Eagan Police Department has been awarded a grant from the State of Minnesota Department of Public Safety pertaining to Community Oriented Policing. At this time, it is necessary to approve a resolution before the agreement can be processed. The resolution must state that the City Council has voted and approved this agreement and must also state whom from the City has authority to sign and enter the City into this contractual agreement. The grant will be used to hire an additional police officer for the Community Oriented Policing Program. ATTACHMENTS: Attached on page is a cop), of the resolution. l� RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT Be it resolved that The Eagan Police Department enter into a cooperative agreement with the Minnesota Department of Public Safety for the project entitled Community Oriented Policipl (COPS) Grant (Hirin, of Police Officer) during the period from 10/1/96-9/30/99. Chief of Police Patrick, J. Geagan is hereby authorized to execute such agreements and amendments, as are necessary to implement the project on behalf of The Eagan_ Police Department I certify that the above resolution was adopted by the The Eagan Cit► Council of The City of Eagan on August 6, 1996 SIGNED: (Signature) Mayor (Title) (Date) WITNESSETH: (Signature) City Clerk (Title) (Date) I 1 Agenda Information Memo August 6, 1996 Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve a resolution authorizing the execution of the Cooperative Agreement with the Minnesota Department of Public Safety for the project entitled Community Oriented Policing (COPS) Grant (Overtime) and authorizing Chief of Police Patrick Geagan to execute such agreements and amendments as are necessary to implement the project on behalf of the Eagan Police Department. FACTS: ■ The Eagan Police Department has been awarded a grant from the State of Minnesota Department of Public Safety pertaining to Community Oriented Policing. At this time, it is necessary to approve a resolution before the agreement can be processed. The resolution must state that the City Council has voted and approved this agreement and must also state whom from the City has authority to sign and enter the City into this contractual agreement. The grant will be used for overtime payments to current police officers in order to provide more patrol coverage in areas that are identified as "big crime areas." ATTACHMENTS: ■ Attached on page is a copy of the resolution. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT Be it resolved that The Eagan Police Department _ enter into a cooperative agreement with the Minnesota Department of Public Safety for the project entitled Community Oriented Policing, (COPS) Grant (Overtime) during the period from 10/1/96-9/30/97. Chief of Police Patrick J. Geagan is hereby authorized to execute such agreements and amendments, as are necessary to implement the project on behalf of The Eagan Police Department I certify that the above resolution was adopted by the The Eagan City Council of The Cite of Eagan on August 6. 1996 SIGNED: WITNESSETH: (Signature) (Signature) Mayor City Clerk (Title) (Date) (Title) (Date) Agenda Information Memo August 6, 1996 Eagan City Council Meeting u UP 5131 on *5 In all o 1 I 0. ACTION TO BE CONSIDERED: To approve the license renewals for amusement devices, massage establishments, massage therapists and service stations. ATTACHMENTS: ■ Attached on pages through -a2 are the lists of the licenses to be renewed. 1996 Amusement Device Renewals License Period: July 1, 1996 -June 30, 1997 VENDOR # MACH. Lic # LOCATION Advance Carter Co. 3 mach. 001 Bulk Mailing Plant -3165 Lexington Ave. American Amusement 3 mach. 002 J. Doolittles-2140 Cliff Rd. 850 Decatur Ave. N. Minneapolis, MN 55427 645-6810 Dahlco Music & Vending 16 mach. 003 Cedarvale Lanes -3883 Beau De Rue 296 N. Pascal St. 15 mach. 004 LaFonda's-3665 Sibley Memorial Hwy. St. Paul, MN 55104 7 mach. 005 Valley Lounge -3385 Sibley Memorial Hwy. C/O Alex 1 mach. 006 Richards -4185 So. Robert Tr. 645-1111 5 mach. 007 Cherokee Room -4625 Nicols Rd. Starks Saloon -3125 Dodd Rd. Gary Starks 10-15 mach. 008 3125 Dodd Rd. Eagan, MN 55121 John Vanderaarde >15 mach. 009 Grand Slam -3984 Sibley Memorial Hwy. 1417 Frontier Lane Burnsville, MN 55337 Awe Vending & Amusements 4 mach. 010 Diamond T-4889 Pilot Knob Rd. 476 So. Snelling Ave. 1 mach. 011 Lost Spur -2750 Sibley Mem. Hwy. Suite #2 2 mach. 012 Piccolo's Pizza -4162 Pilot Knob Rd. St. Paul, MN 55105 3 mach. 013 Splatball Indoor -3820 Sibley Mem Hwy Wally Shaver 1 mach. 014 Cherokee Room -4625 Nicols Rd. 15764 Highview Dr. Apple Valley, MN 55124 Mendota Valley Amusement 2 mach. 015 Golden Gloves Card Shop 9177 E. Courthouse Blvd. Ct. 3390 Coachman Rd. #210 Inver Grove Hts, MN 55077 451-0420 CDL 12322 Business Park Blvd. N Champlin, MN 55316 1 mach. 016 Davanni's-1980 Cliff Rd 427-6956 American Amusement Inc. 1 mach. 017 Italian Pie Shoppe 1416 Carroll Ave. St. Paul, MN 55104 Attn: Mark Theisen Vending 2 mach. 018 Pizza Hut -Town Centre Dr. 3800 Nicollet Ave. Minneapolis, MN 55409 a� 1996-1997 LICENSED MASSAGE ESTABLISHMENTS Establishment Name License # Lifetime Fitness 001MTE Mary Lynch 1565 Thomas Center Dr. Eagan, MN 55122 The Tropics 002MTE Gary Wheeler 3942 Sibley Memorial Hwy. Eagan, MN 55122 Bodywellness Massage Center 003MTE 2121 Cliff Dr. #214 Eagan, MN 55122 1996-1997 LICENSED MASSAGE THERAPISTS Therapist Name Patricia Becker 006 1175 E. County Rd. D #332 Vadnais Heights, MN 55109 Sandra Beyer 013 1842 St. Clair Ave. 48 St. Paul, MN 55105 Roxanne Carr-Beseman 018 13623 Elkwood Drive Apple Valley, MN 55124 M. Alix Blick 022 11433 Valley Ct. Burnsville, MN 55337 Paula Chase 017 2310 Aldrich Ave. S. Minneapolis, MN 55405 Gigi Decker 009 980 Bush Ave. E. St. Paul, MN 55106 James Donald DeYoe 024 9705 Pleasant Ave. S. #27 Bloomington, MN 55420 Claudia Ernst 007 1090 Ohio St. W. St. Paul, MN 55118 Chad Hauck 023 831 E. County Rd. D #302 Vadnais Heights, MN 55109 1 3-3 Jenny Gamer 014 678 N. Pascal St. St. Paul, MN 55104 Tina Marie Hengel 015 1377 Easter Lane Eagan, MN 55122 Lisa Marie Heyerman 020 8234 166th St. W. Lakeville, MN 55044 Cynthia Howell 005 3838 Country Creek Way Eagan, MN 55122 Jessica Lynn Kittleson 021 909 Lakeview Ave. St. Paul, MN 55117 Jennifer Lambert 016 4575 139th St. Savage, MN 55378 Mary Lynch 011L, 989 Goodrich Ave. St. Paul, MN 55105 Kathleen Navarre -Larson 019 1950 Jade Lane #304 Eagan, MN 55122 Pamela Okeson 008 781 Magnolia Ave. E. St. Paul, MN 55106 Michael John Persing 022 16560 Flagstaff Way Rosemount, MN 55068 Trevor Richards 001 4609 Blaisdell #3 Minneapolis, MN 55409 2 a4 Kimberly Sanders 011 6508 17th Ave. S. Richfield, MN 55423 Susan Sterns 004 1002 Cross Rd. Eagan, MN 55123 Christine Suihkonen 012 8238 166th St. West Lakeville, MN 55044 Barbara Ward 002 3633 Crestridge Ct. Eagan, MN 55123 3 �S LLO Lm�d �ss G: 5 Mar if Anmco Eagan MA 55:2 -- US 03S 04S Cedarva!e 382-10 Eagan. It 55122 Duchwood 66 3575 ,;lot Knob Rd. Eagan. MN 55122 Eagan E - Z Stop 415 Nods Rd Eagan. MN 51: Arno: its NnS H--, Eagan. QN SY-1-, 7:0 RS '511 h '4S SA 14049- 4200 E Hwy 13 'A 4S MW AZE lanxe, Tom- A =44- -- lm:2 r.wan YN 15:2-` Billing Addrcs_ 42:0 Sifer Rd. MN 21 -9 Hussm Ansad 383'- S:b!e%- MemHw,,- Eagan. MX 55122 Mys Parokurn Co F 2 Bcx :99 ArAsCj 'T 74004 Frown 7270 In: Y? 10ses S! N--- Tnv;qns 14 554'' 52 -!.-.-.,c "::: 392: W 7-11- Z. Edina. MN 1141, 7rn 77ns `'Cns 770 :n: 4 . . . :1 MG NZZN A VN 5,nmerna Soup Inc, Aft !LI,,tha S. Evans FC Fox 14008 Lumoon, U 42512 S tj p 4% 5: A qO 9F 14 wis 11 1 25% A OF Too! 4 A V 0 23S 7w& KI: Rohn: Z 7: 14F Yankof Spam Amw � 1424 Rd Eagan MI, 02: on -We 174 varawlew 22EE W Rd F, c s c -, ,:: N 5 Agenda Information Memo August 6, 1996 Eagan City Council Meeting e: ITC919 ACTION TO BE CONSIDERED: To approve off -sale beer, service station and tobacco licenses for Holiday Stationstore #68 at 1065 Diffley Road. ATTACHMENTS: ■ Enclosed without page number for the Council's information are copies of the application forms. IG: '1FMMMI ACTION TO BE CONSIDERED: To approve a tree contractor license for Scott Konnad. dba Cardinal Tree Senice. ATTACHMENTS: ■ Enclosed without page number is the application for license for the Council's information. PMA " X41 WWI -OUT ACTION TO BE CONSIDERED: To approve the list of election judges for the Primary Election on September 10, 1996. ATTACHMENTS: Attached on pages � through — is the list of election judges for the Primary Election. (The second page contains names of people who have not yet been heard from and may also serve as election judges. Because the election judge list must be approved at least 25 days prior to the election, they are being presented to the Council at this meeting.) LIST OF ELECTION JUDGES FOR PRIMARY City Council Approval, August 6, 1996 SHARON ASTLEFORD RICHARD BEATTY AL BOLKE CAROL SUE CRUZ KAREN M. DARE GARY DODGE GERIANNE DODGE KAY DODGE MARY HANSEN JAMES DRISCOLL JAN GIEFER MARILYN HOLM FRANK HAMERNIK HELEN JARIR CAROLEE JONES YVONNE KRISNIK PAT LARSON ARLENE LEIBEL ADELAIDE MALONEY FLORENCE MULLEN CLARICE NITTI MARCINE OLSON STEPHEN OLSON THOMAS E. PEDERSEN MARGARET PELLERIN MARTIE RUZICKA ARLENE E. RUZZI JUDY SAIMA SHARM SCHOELLER BONITA TRANBY ANN THOMAS RUTH TWOMEY ANTHONY WILKES BEVERLY ZAINE ROBERT ZIMMERMAN LAURA BASBALKE PATTI BENJAMIN NEAL BLACK JOAN BOHLIG GLADYS BYRNES JAMES DECH ELAINE FISCHER ETHEL M. GROFF JUDY HAWLEY GEN AMUNDSON ANN OURADNIK RICHARD IFFERT PENNY JOHNSON JUNE KETCHAM JEAN KIMBER ALICE KREITZ JEANNE KOEHLER MARIE LANE MARY JANE LAROCK SHARON LINDHOLM BARBARA LINERT MARCIA MILLER ELEANOR MARSM AURELIA PETERSON BILL PFEIFFER WILLIAM SKAR LYLE SEVERSON JACK SWAN NITA SWAN PAUL TESKE CAROL VIHOVDE ROSE VIMR JEREMY YARWOOD BARBARA NUTTALL MICHELLE SKINDELIEN LUCIA JOHNSON KAY L. KOLEHMAINEN aq LEO AMUNDSON ADELINE BOUEHLER VICKIE JABBRA NO PREFERENCE LOIS AGRIMSON JANICE BELIVEAU GROVER BELLILE ELEANOR BRUCE VIVIAN DATE KAREN FLOOD DONALD GIBLIN MARTI GUITZLOFF JUDY HANSON JEAN HARMON MICHELLE HUCK PATRICIA KAEDER HELEN KENNEDY JAMES KENNEDY SHIRLEY KLANG SONJA LARSON WALTER LAWRENCE MARILYN LEGLER JEANETTE LEIBBRAND EMILY MEDIN VICTOR NARDANI JANE NELSON VIRGINIA NICOLAY EVILYN OTTERNESS VICKIE PLATT MARILYN PORTER RUTH PRYOR PAT RASK LORRAINE RIEGER DONALD SEKTNAN NANCY SEVERSON CAROLYN THURSTON MARILYN WOOLLEY TINA ZINK ELAINE JONES MARY C. BAEHR LARRY BRUCE SHARON BRUCE ROBERT MECKLEY THORA DECH WILLIAM HODAPP BARBARA HODAPP JOANN ARBOUR JANICE MERCK ANNA LOU ARNESON TERRY MESTNIK JENNY BAKER JUDITH MUNDAHL ELIZABETH BASSETT PHYLLIS NECHVILLE JON BERGHERR MARK L. OLSON FRAN BOHN HELEN OLSON CATHY BROST BOB OLSON JOAN COFFEY SUE OLSON GLORIA CZYCALLA JAMES ORCUTT NONA DAVIS SHARON L. ORTH EDITH DRAKE CHERYL OSCARSON LOIS EKEY MARIE OVERBY DIANN ENGLE JANICE PARKER JEAN FONTAINE TOM J. PEDERSON DELLA GANGL JUDY PETERSON HELEN GERTEN MARLYS PETERSON JOHN GLYNN AURELIA POPPLER KAY GRABNER LYNN PRAZAK ELEANOR GRIMMER JOHN RASK WILLIAM GUELCHER CAROLVENIA RICHARDSON MARY HALL EMILY RODICH NANCY HAMMEL DEB SANDVIG DON HANSEN SHEILA SHAY SHARON HANSON BARBARA SHIELDS MILDRED HARTLEBEN ANNE C. SULLIVAN NANCY HENDREN JOSEPHINE THOMPSON CAROL HERMAN LUCY THOMPSON ANITA HOCHSTETTLER PAT TODD SUZANNE HOFFMAN EVELYN USS ANNELISE HOLM CYNTHIA VOELKE BRIGITTE HOLM NORMA WADE VIVIAN L. JACKSON KIM WEBER ELEANOR KEEGAN SHANI WEBER MARY KELLNER WALTER KLAUS JEFFREY D. WRIGHT SUSAN KRETZMANN VIRGINIA ZEITZ JAN KUEHN TRUDY ZIMMERMAN SONJA A. LARSON ROSEANN ZINN JACK LATTEN PAULINE LEGENDRE DICK LEMAY RUTH LILLEY ERIC LOCKHART STELLA LUNDQUIST BRIAN MALLOY PHYLLIS MANTHEY JOHN MATSCHINER KIRSTIN MCCLEARY OLIVER MCCULLOCH MARILYN MCNURLIN JULIA MCNURLIN Agenda Information Memo August 6, 1996 Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve an on -sale, non -intoxicating malt liquor license for Craig Applebaum, dba Broadway Pizza, 2135 Cliff Road. ATTACHMENTS: • Enclosed without page number for the Council's information is a copy of the application. L. OFF -SALE LIQUOR LICENSE, CELLAR'S WINES & SPIRITS, 2113 CLIFF ROAD ACTION TO BE CONSIDERED: To approve an off -sale liquor license for Cellar's Wines & Spirits at 2113 Cliff Road. FACTS: ■ The Police Department has completed a complete criminal background investigation on the four partners for Cellar's Wines & Spirits of Eagan. They find no reason to deny- the applicant. ATTACHMENTS: a Enclosed without page number is a copy of the application. 31 Agenda Information Memo August 6, 1996 Eagan City Council Meeting CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the 1996 General Fund Budget adjustments. FACTS: • The City occasionally makes formal budget adjustments to correct for unforeseen activities or for changes in spending priorities. • There are currently six (6) such adjustments proposed to be incorporated into the 1996 budget. These adjustments are explained in the staff memo. ATTACHMENTS: • Staff memorandum on pages and Ja- — city of eagan TO: Gene VanOverbeke, Finance Director/City Cl FROM: Tom Pepper, Assistant Finance Director' DATE: July 17, 1996 SUBJECT: 1996 Budget Adjustments --General Fund The following 1996 General Fund budget adjustments should be considered for approval by the City Council: MEMO This adjustment reflects the $22,500 COPS MORE federal grant obtained by the Police Dept. for purchase of Dictaphones. The balance of the expenditure is funded by a transfer from the Police Forfeiture Fund. 2) 4580 -Fire Mobile Equipment 4715-Unalloc Contingency 22,700 (22,700) This adjustment reflects the Fire Dept.'s purchase of a replacement for the Fire Chiefs vehicle. Budget savings from the prior year were utilized for this purchase. 3) 4220 -Police Operating Supplies 1,400 3920 -Police Other Reimbursements 1,400 This adjustment reflects reimbursement from ISD #196 for D.A. R. E. t -shirts. 4) 4xxx-Cent Svc Misc. Expenditures 2,300 4715-Unalloc Contingency (2,300) This adjustment reflects the May 30 Open House expenditure budget. 33 Increase/ Line Item Description ,(Decrease) 1) 3310 -Police Federal Grants $22,500 3980 -Police Transfer In 18,300 4570 -Police Other Equipment 40,800 MEMO This adjustment reflects the $22,500 COPS MORE federal grant obtained by the Police Dept. for purchase of Dictaphones. The balance of the expenditure is funded by a transfer from the Police Forfeiture Fund. 2) 4580 -Fire Mobile Equipment 4715-Unalloc Contingency 22,700 (22,700) This adjustment reflects the Fire Dept.'s purchase of a replacement for the Fire Chiefs vehicle. Budget savings from the prior year were utilized for this purchase. 3) 4220 -Police Operating Supplies 1,400 3920 -Police Other Reimbursements 1,400 This adjustment reflects reimbursement from ISD #196 for D.A. R. E. t -shirts. 4) 4xxx-Cent Svc Misc. Expenditures 2,300 4715-Unalloc Contingency (2,300) This adjustment reflects the May 30 Open House expenditure budget. 33 5) 3850-ComDev Contributions 5,000 4450-ComDev Other Contract Svc 5,000 This adjustment reflects Dakota Electric's Economic Development Grant. 6) 3850-Unalloc Contributions 200 4530 -Forestry Other Improvements 200 This adjustment reflects Dakota Electric's Arbor Day donation toward the purchase of plant material. Sum The net effect of these adjustments is to increase the 1996 General Fund expenditure budget (excluding contingency) by 72,400 from 14,894,500 to 14,966,900. These expenditures are funded as follows: Contributions/grants 29,100 Contingency 25,000 Transfers from other funds 18,300 72,400 The contingency budget is thereby reduced from 187,400 to 162,400. 196budadj.mem 3 Agenda Information Memo August 6, 1996 Eagan City Council Meeting CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the retainage agreement with Shafer Contracting and Firstar Bank Wisconsin. FACTS: • State law provides that a public contracting agency may reserve as retainage from any progress payment on a public contract for a public improvement an amount not to exceed five percent of the payment. • At the option of the contractor, retainage shall be paid to the contractor, if a deposit of bonds or securities is made. These bonds or securities can be deposited with the public contracting agency or in any bank or trust company to be held in lieu of cash retainage for the benefit of the public contracting agency. • Shafer Contracting has forwarded an agreement to provide a deposit of securities in lieu of a cash retainage on Project 695, Yankee Doodle Road. • The agreement has been reviewed and modified slightly by the City Attorney's Office and is ready for execution. • A copy of the agreement will be provided to any Councilmember if desired. 3�� Agenda Information Memo August 6, 1996 O. CONTRACT 96-18 SOUTH HILLS ADDN/WILDERNESS RUN RD ACTION FOR COUNCIL CONSIDERATION: To receive the bids and award Contract 96-18 (South Hills Addition & Wilderness Run Road) - Street Rehabilitation) to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. FACTS: Project 706 provides for the mill and overlay of Wilderness Run Road which was approved by Council action on June 4, 1996. Project 701 provides for the mill and overlay of the South Hills Addition which was approved by Council action on June 4, 1996. On July 2, the City Council approved the plans and specs for Contract 96-18 incorporating both projects and authorized the advertisement for competitive bids. At 11:00 a.m., on Friday, July 26, formal bids were received (copy attached). All bids will be evaluated for compliance with specification documents and irregularities will be addressed at the Council meeting. ATTACHMENTS: • Bid tabulation summary, page3`7. 3� E_;Z 4S=0 2150 07 31,'96 11:17 $612 490 2151) SEH ST PAUL Wilderness Run Road City Project No. 706 and South Hills Addition City Project No. 701 Street Improvements City Contract No. 96-18 Bid Date: Friday, July 26, 1996 Bid Time: 11:00 a.m. Total Base Bid Z0002,'0002 McNamara Contracting, Inc. $246,552.75 S178,870.00 $67,682.75 Northwest Asphalt, Inc. $248,220.50 $182,909.50 $65,311.00 Valley Paving Inc. S252,286.65 $185,733.05 $66,553.60 Bituminous Roadway, Inc. $260,974.50 $188,436.00 $72,538.50 FEASIBILITY REPORT ESTIMATE $279,700.00 $190,610.00 $89,090.00 % Over (+) Under (-) Feasibility Report -11.85% -6.16% -24.03° ENGINEER'S ESTIMATE S318,372.50 $233,530.00 $84,842.50 % Over (+) Under(-) Engineer's Estimate -22.56% -23.41% -20.23% 3�1 Agenda Information Memo August 6, 1996 P. CONTRACT 96-16, BISCAYNE AVE/HALL ST ACTION FOR COUNCEL CONSIDERATION: To receive the bids, award Contract 96-16 (Biscayne Avenue & Hall Street - Streets & Utilities) to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 687 provides for the installation of streets and utilities within Biscayne Avenue which was approved by Council action at the public hearing on April 16, 1996. • Project 700 provides for the installation of utilities within the TH 3 service road and Hall Street which was approved by Council action at the public hearing on May 7, 1996. • On July 2, the City Council approved the plans and specifications and authorized the advertisement for competitive bids. At 10:30 a.m., on August 1, 1996, formal bids were received (copy enclosed). • All bids will be reviewed for compliance with specification documents and any irregularities will be addressed at the August 6 meeting. ATTACHMENTS: • Bid summary tabulation, page - city of eagen BISCAYNE AVENUE T.H. 3 SERVICE DRIVE / HALL STREET CITY PROJECT NOS. 687R & 700 CITY CONTRACT NO. 96-16 Bid Date: August 1, 1996 Bid Time: 10:30 a.m. File No. 49566 Biscayne Avenue T.H. 3Service Drive/Hall St. Contractor Project 687R Project 700 Total Base Bid Ryan Contracting $168,268.50 $78,366.00 $246,634.50 Arcon Construction 191,052.90 83,527.45 274,580.35 S.J. Louis 196,365.60 89,510.00 285,875.00 Brown & Cris 197,344.50 90,727.60 288,072.10 Dave Perkins Contracting 204,876.00 85,548.00 290.424.00 Penn Contracting 209,353.05 91,869.75 301,222.80 G.L. Contracting 215,175.80 98,456.60 313,632.40 Preliminary Report Estimate $178,200.00 $101,580.00 $279,780.00 % Over (+) Under (-) Preliminary Report -5.6% -22.9% -11.8% Engineer's Estimate $174,654.50 $93,855.00 $268,509.50 % Over (+) Under (-) Engineer's Estimate -3.6% -16.5% -8.1% *Note Biscayne Avenue amounts and Total Base Bid amounts reflect the award of the alternate bid - a deduct (750.00) to use recycled crushed concrete in lieu of Class 5 100% crushed limestone. File No. 49566 Agenda Information Memo August 6, 1996 Eagan City Council Meeting Q. ACCEPT BIDS AND AWARD CONTRACT FOR COLOR COATING NORTHVIEW TENNIS COURTS/RAHN COURTS ACTION TO BE CONSIDERED: To approve contract 96-17 for color coating of tennis courts to Recreational Resurfacers, Inc. in the amount of $35,391. BACKGROUND: Hard surface areas, such as trails, parking lots, tennis courts and basketball courts are inventoried and programmed for resurfacing at periodic intervals to prolong their life and useabi Iity. FACTS: • Northview tennis courts were completed in 1989. • Funds were budgeted in the 1996 budget for this project. The City Council authorized plans and specification for resurfacing and for lighting courts at Northview and alternate for repair/resurfacing at Rahn Park. • Bids were sent to four contractors; only one submitted a proposal for both lighting and resurfacing at $69,071. • Costs for lighting were more than double expected. • Bids were also solicited for resurfacing only with two bids received: base bid Recreational Surfacer, Inc. $2.95 sq yd Tennis West, Inc. $3.23 sq yd • Total cost, with alternates, is $35,391; Budget is $35,500. ISSUES: Staff has delayed advancing the issue to Council in order to review alternatives for court lighting. Lighting can be done at some later date when contracting is more competitive. Resurfacing needs to proceed with work being completed during a short construction season of August to September 10. csMencourl.kv Agenda Information Memo August 6, 1996 R CONTRACT 95-0, RIDGECLIFF WOODS ACTION FOR COUNCIL CONSIDERATION: To acknowledge completion of Contract 95-0 (Ridgecliff Woods - Streets & Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • The installation of public streets and utilities were performed privately by the developer of the above -referenced subdivision under the terms and conditions of the development agreement. All improvements have been completed, inspected by designated representatives and deemed appropriate for favorable Council action of acknowledging completion and acceptance for perpetual City maintenance. S. CONTRACT 94-UU, VERDANT ACRES ACTION FOR COUNCIL CONSIDERATION: Acknowledge completion of Contract 94-UU (Verdant Acres - Streets & Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • The installation of public streets and utilities were installed privately by the developer of the above -referenced subdivision under the terms of the development agreement. These improvements have been completed and inspected by designated City representatives and found to be in order for favorable Council action of acknowledgment of completion and acceptance for perpetual City maintenance. Agenda Information Memo August 6, 1996 T. CONTRACT 94-13, CITY HALL EXPANSION ACTION FOR COUNCIL CONSIDERATION: To authorize the 10th and final payment of $8,354.81 to Imperial Developers, Inc., for Contract 94-13 (Municipal Center Expansion - Phase II) and accept for perpetual maintenance subject to warranty provisions. FACTS: This contract provided for the installation of streets, utilities, parking lots and utility services for the Civic Arena and expanded City Hall/Police Facility. These improvements have been completed in compliance with approved plans and specifications prepared by the City of Eagan and inspected by representatives of the Public Works Department and found to be in order for favorable Council consideration of final payment and acceptance. U. CONTRACT 95-05 BLACKHAWK HILLS/WESCOTT HILLS ADDNS ACTION FOR COUNCIL CONSIDERATION: To approve the 6th and final payment for Contract 95-05 (Blackhawk Hills & Wescott Hills Additions - Street Rehabilitation) in the amount of $7,235 to Vivant Contracting, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: Street rehabilitation for the Blackhawk Hills Addition (Project 645) and Wescott Hills Addition (Project 664) have been completed in accordance with the City prepared approved plans and specifications, inspected by City representatives and found to be in order for favorable Council consideration of final payment and acceptance for perpetual maintenance. Agenda Information Memo August 6, 1996 V. CONTRACT 96-20, YANKEE DOODLE ROAD & EAGAN PROMENADE ACTION FOR COUNCIL CONSIDERATION: To approve the plans and specifications for Contract 96-20 (Yankee Doodle Road and Eagan Promenade - Streetlights) and authorize the advertisement for a competitive bid opening to be held at 10:30 a.m., on Friday, August 30, 1996 FACTS: On January 16, the City Council approved the first phase of the Central Area Transportation improvements to Yankee Doodle Road under Project 695 and also the installation of streets and utilities to service the Eagan Promenade Development under Project 694. Contract 96-20 represents the third phase of bidding and building the related public improvements. This phase provides for the roadway lighting and ornamental pedestrian lighting within the scope of Project 694 and 695. The final phasing of the overall public improvements will be a future contract for the street scaping/landscaping improvements along the Yankee Doodle Corridor. The plans and specifications have been put together in such a manner such as to request quotations allowing the City to choose any combination of the following street lighting elements: • Yankee Doodle roadway lighting on 35E Bridge only. • Yankee Doodle ornamental/pedestrian lighting on 35E Bridge only. • Yankee Doodle roadway lighting (except Bridge). • Denmark Avenue & Promenade Avenue roadway lighting. • Denmark Avenue & Promenade Avenue pedestrian/ornamental lighting. • Northwood Drive pedestrian/ornamental lighting. ISSUES: The staff has not had an opportunity to begin designing any of the streetscape elements of the Yankee Doodle Corridor. However, once formal bids have been received for the cost of the street and pedestrian ornamental lighting, the Council will have a better idea of what costs they want to allocate towards lighting versus subsequent landscape improvements. In consideration of receiving the bids, the staff will discuss in detail the scope and costs associated with various combinations of lighting improvements. Agenda Information Memo August 6,1996 W. CONTRACT 96-01. EAGANDALE CORPORATE CENTER ADDITION ACTION FOR COUNCIL CONSIDERATION: To approve the plans and specifications for Contract 96-01 (Eagandale Corporate Center Addition - Streets and Utilities) and authorize advertisement for a bid opening to be held at 10:30 A.M. September 13, 1996. FACTS: On September 20, 1995, the City Council held a public hearing, approved the installation of streets and utilities for the proposed 200 acre Eagandale Corporate Center Addition, and authorized the preparation of plans and specs. Since that time, a new developer (Dart Transit) has taken control of the property and has requested to proceed with the public improvements but for only the northerly 120 acres. It is anticipated that the final plat will be submitted to the City Council for formal approval on September 3, 1996 which will provide the appropriate dedicated easements and rights-of-way necessary to accommodate these proposed public improvements. Agenda Information Memo August 6, 1996 X. YANKEE DOODLE RESERVOIR, ACCESS LICENSE ACTION FOR COUNCEL CONSIDERATION: To approve a license agreement with West Publishing Company for Outlot C West Publishing 4th Addition providing assignable access rights to the City of Eagan for the Yankee Doodle Reservoir and authorize the Mayor and City Clerk to execute all related documents. FACTS: Access to the Yankee Doodle Reservoir (Outlot D West Publishing 4th Addition) is obtained on an interim basis across Outlot C West Publishing 4th Addition under the ownership and control of West Publishing Company. This temporary access location will be removed and relocated to an internal public street with future expansion development of the West Publishing Campus. With the recent lease agreements entered into with the City of Eagan by various Personal Communication System (PCS) vendors, it is necessary for the City to guarantee access to the reservoir for these vendors. West Publishing has executed a license agreement that is now being presented to the City of Eagan for formal acceptance. ATTACHMENTS: • License Agreement, pages through Ve LICENSE AGREEMENT THIS LICENSE AGREEMENT, (the "Agreement") is made and entered into this 6 Tk day of A,,, c, L,, , ; , 1996, by and between WEST PUBLISHING COMPANY, a Minnesota corporation (hereinafter referred to as "Licensor") and THE CITY OF EAGAN, a Minnesota municipal corporation, (hereinafter referred to as "Licensee"). Hereinafter Licensor and Licensee shall be jointly referred to as "Parties". WITNESSETH: WHEREAS, Licensee owns real property in the County of Dakota, State of Minnesota and legally described as Outlot C, West Publishing 4th Addition, Dakota County, Minnesota and desires the right to use a portion of Licensor's property to allow Licensee and its designated agents and assigns to access Licensor's property for the benefit of Licensee; and WHEREAS, Licensor is willing to grant to Licensee the right to use a portion of Licensor's property for access purposes pursuant to terms and conditions as hereinafter described; NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Licensor and Licensee hereby agree as follows: . Licensor hereby grants to Licensee, and its designated agents and assigns, the non-exclusive use of the following described premises, situated within Dakota County, Minnesota for access purposes: A License for access purposes over, under and across all that part of the following described property, to -wit: Outlot C, West Publishing 4th Addition, Dakota County, Minnesota. (Hereinafter referred to as "the License Premises.") The grant of use of the License Premises for access purposes includes the right of the Licensee, its contractors, agents and servants to enter upon the License Premises at all reasonable times to access Licensee's property. Licensee shall indemnify and hold Licensor harmless from anv and all claims, actions, judgments, liabilities, liens, damages, penalties, fines, costs and expenses, including, but not limited to, attorneys' fees, foreseen or unforeseen, asserted against, imposed upon, or suffered or incurred by Licensor directly or indirectly arising out of or in connection with this Agreement. a (n The grant of the License to Licensee under this Agreement for the benefit of Licensee's access may be revoked by Licensor at Licensor's sole discretion, at any time upon providing ninety (90) day's notice to Licensee at the following address: City of Eagan Eagan Municipal Center 3830 Pilot Knob Road Eagan, MN 55122 with a copy to: Severson, Sheldon, Dougherty & Molenda, P.A. Attn: Michael G. Dougherty, Esq. 600 Hampton Bank Building 7300 West 147th Street Apple Valley, MN 55124 Unless terminated as hereinbefore provided, this Agreement shall be binding on all successors and shall run with the land. IN WITINESS WHEREOF, each of the parties hereto has caused this Agreement to be duly executed as of the date and year first above -written. CITY OF EAGAN, a Minnesota municipal corporation LON Thomas A. Egan Its: Mayor Eugene VanOverbeke Its: Clerk WEST PUBLISHING COMPANY, a Minnesota corporation I'9 f'7 By: ` Its: Ulan Its: STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) On this day of , 1996, before me a Notary Public within and for said County, personally appeared THOMAS A. EGAN and EUGENE VanOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority or its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing was . 1996, by Notary Public acknowledged before me this day . the of and and of WEST PUBLISHING COMPANY, a Minnesota corporation. on behalf of the corporation. APPROVED AS TO FOWM: City Attorney's Office Dated: APPROVED AS TO CONTENT: Public Works Department Dated: -�7- - Notf:3eu�blic a �A^AYMA E. OLSCN a a 1N INCTARY PUBS C . W,''NESOTA CAKCTA .....,N. v a My Commission Expires Jan. 31, 2000 j�vvvvvvvvvsvvvvvvvvvvvnvvvvvvvvvst THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 600 Hampton Bank Building 7300 West 147th Street Apple Valley, MN 55124 (612) 432-3136 Agenda Information Memo August 6, 1996 Y. CONTRACT 96-11. YANKEE DOODLE ROAD ACTION FOR COUNCIL CONSIDERATION: To approve Supplemental Agreement/Change Order No. 1 to Contract 96-11 (Yankee Doodle Road - Roadway Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 96-11 provides for the first phase of the Central Area Transportation improvements under Project 695. One element of these improvements was the widening of northbound exit ramp from I -35E onto Pilot Knob Road to provide for a double left turn lane. • In staffs negotiation with MnDot for financial participation, the City has been informed that the State will not be participating in any of the related improvements under 96-11 including this northbound exit ramp at Pilot Knob Road. • With the only benefit being conveyed to the interstate system by providing a more efficient exit movement, staff didn't feel that local City dollars should finance this cost. Subsequently, a Supplemental Agreement/Change Order was prepared deleting the costs associated with this improvement (deduct $36,070.60). • In conversations with MnDot personnel, there are no objections to the deletion of this improvement. Agenda Information Memo August 6, 1996 Z. ALDRIN DRIVE STREET VACATION ACTION FOR COUNCIL CONSIDERATION: To receive a petition to vacate the Aldrin Drive public right-of-way and schedule a public hearing to be held on September 3, 1996. FACTS: Staff has received a petition requesting the vacation of a portion of Aldrin Drive located within the proposed Eagandale Corporation Center Addition. All application materials have been reviewed by staff and found to be in order for favorable Council action with scheduling a public hearing to present this information for formal comments from any effected individuals. The vacation of this public right-of-way is a condition of final plat approval for the Eagandale Corporate Center Addition which is presently scheduled for Council consideration of final approval on September 3, 1996. ATTACHMENTS: Location map, page Description Graphic, page. s� ENTER ZLAVE /8' C iETRY ' AW $i ?���zl •�' �1p� SEf y �-"O 1�CNShIWF r PARR'' ANKEE 0L. I- -?ES'a CGE �tOS AQnI ', ISTA 24 24 410 K -4 S7 i ATRICE S-1 u K I rxU 17 Vj G C \PARK POS+5. F9 .e`il La OAK aoAo s s Ar 70 _CNE :AK -CA: AwARAC p'. i' �U - 31j� 7T. - NORWAY pT. " I ' 44 ORIAPOLLO C-OREST GE 'R. A I ROAD RONWOOO -A. fYAN(E-- �J RMWOOD =T, SPRUCE ». _ - - JOODLE.__F ANKEE 0L. I- -?ES'a CGE �tOS AQnI ', ISTA 24 24 410 K -4 S7 i ATRICE S-1 u K I rxU 17 Vj G C \PARK POS+5. F9 .e`il La OAK aoAo s s Ar 70 _CNE :AK -CA: l 9 CARAUG£ MCLS -�, cccF cauR� CdIPYEW )'LEARY PARK O'LEA LA/C� w �R � i l "•_r I RK NC.9PL£Y i:Ij o• X CANE ',� - I z «Escot- =I `J A• r SES^rEw ca.rrrp OF7IVC .--_. vCRT"EW aAv�g CAR; MY ; 5 'RAt r^I iA r {{ a� wOQQIt N0 EXT OA C,,' TREAT OAKS �t :RT:AK — _ WE 100 meq. �Pos•,Ry`� EH ' �7LE RIDGE- �J_ PARD 2 f 44 ORIAPOLLO I ROAD 1 I RD xlr .y I II / 4LO :R. PROPOSED VACATION —} l 9 CARAUG£ MCLS -�, cccF cauR� CdIPYEW )'LEARY PARK O'LEA LA/C� w �R � i l "•_r I RK NC.9PL£Y i:Ij o• X CANE ',� - I z «Escot- =I `J A• r SES^rEw ca.rrrp OF7IVC .--_. vCRT"EW aAv�g CAR; MY ; 5 'RAt r^I iA r {{ a� wOQQIt N0 EXT OA C,,' TREAT OAKS �t :RT:AK — _ WE 100 meq. �Pos•,Ry`� EH ' �7LE RIDGE- �J_ PARD 2 f Agenda Information Memo August 6, 1996 PLANNEDAA- FINAL 1 • VIDEO, EAGAN PROMENADE ACTION TO BE CONSIDERED: ► To approve or deny a Final Planned Development for a 6,500 square foot video rental store for Lot 2, Block 2, Eagan Promenade, at the northeast intersection of Yankee Doodle Road and Denmark Avenue. FACTS: ► The City Council approved the Preliminary Planned Development for Eagan Promenade in December 1995 which called for a video store on this property. ► The plans submitted are consistent with the approved master plans for the Preliminary Planned Development. ► The Final Planned Development Agreement is signed and in order for execution at the regular City Council meeting on August 6, 1996. ATTACHMENTS: r Site Plan and Building Elevation pages ---jthrough 5 -� ti- I= • ?4 o 'J �`wya� y0 ^e -• 1 :� :eC �. 20 o o¢oo ocx wcc cc.c 'ecx eox: I 19 meo, cooc cocci o00o CC OC, ocoo'ocoo �,-�' -i• a t9'!1 43 EW : �►•ar o i fZ;.'r - w i S wL • iV i i �� o ,� i.p 33'. 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LUUJ U.11 Wuj —i Lij W =k Q W ELEVATION Agenda Information Memo August 6, 1996 Eagan City Council Meeting BB. FINAL SUBDIVISION - ROBINS 2ND ADDITION ACTION TO BE CONSIDERED: ► To approve or deny a Final Subdivision (Robins 2nd Addition) consisting of four lots on 29 acres of property located on the north side of Blue Gentian Road, west of T.H. 149 in the NE 1/4 of Section 2. FACTS: P. Final plans, development contracts and finanacial guarantees are in order. ATTACHMENTS: ► Plat Map - pages -2 57L Agenda Information '.Memo August 6, 1996 Eagan City Council :Meeting 1 1 1 13 lixei"U'LOTIUB 1.3 RUM ACTION TO BE CONSIDERED: ► To approve or deny a Final Subdivision (Duckwood Bluff) consisting of one lot on 9.8 acres of property located on the east side of I -35E, west of Pilot Knob Road in the E L2 of Section 16. ► To approve or deny a Final Planned Development to allow a three-story, 104 -unit Fairfield Inn Suites hotel on a portion of Lot 1, Block 1, Duckwood Bluff. FACTS: ► Final plans, development contracts and financial guarantees are in order. ATTACHMENTS: (2) ► Plat map - page _ Site plan - page br)_ N op •/ia r k� �F l_SC a lilt� c 1 ! rr 6 11 a alp b 0 � - YC@ ne AIY f• C !�� Yb � _er! rrRf r •- � b N op •/ia r k� �F l_SC a lilt� c 1 ! rr 11 a alp 0 � - YC@ ne 6 . ► i - � . i. 6 f• C !�� Yb � N op •/ia r k� �F l_SC a Agenda Information Memo August 6, 1996 Eagan City Council Meeting DD. CHANGE ORDER FOR CONTRACT 96-09 BLACKHAWK PARK PAVILION ACTION TO BE CONSIDERED: To approve change order #2 to Thor Construction for Blackhawk Park shelter in the amount of $9,532.29. FACTS: 2A Excavate for additional footing, additional block and labor; provide additional granular base in shelter area. $7,158.29 During construction clay soils were excavated. Staff consulted with soils and structural engineers, which recommended additional excavation and removal of poor soils and deeper footings which required additional block, labor and backfill. The excavation/backfill cost were unit price bid. 26 Change exhaust fans from power roof ventilator to in line, mounted in attic space; discharged thru low profile roof caps. $2,374.00 Upon further review, it was determined that the exposed exhaust fans would be subject to certain vandalism and higher maintenance and repair. To eliminate this, in line duct fans were added. cs8/chgorder. kv Lo ( Eagan City Council Meeting August 6, 1996 CONSENT AGENDA EE, Authorize Acquisition of Tax Forfeit Parcel: Outlot B, Wilderness Run 5th Addition FOR COUNCIL ACTION.- To CTION.To approve the acquisition of Outlot B, Wilderness Run 5th addition as tax forfeit property for parks purposes. BACKGROUND: Carl Britt, Dakota County Auditor, has asked the City to acquire this outlot which has gone tax forfeit. The parcel is very, very small and is abuts park, street and private residential property (see attachment). Given the size and location, there is little explanation as to how this parcel was ever created in the first place. FACTS. + The parcel is located adjacent to that portion of Carlson Lake Park which has been retained for open space. • The parcel is less then 1,000 square feet in size and has a listed value of $400. + Although this parcel is similar in appearance to the adjacent park land in that it has trees, there are no distinguishable features to the parcel. + It is doubtful there is any other useful purpose for the parcel. ® There will be a very small cost associated with the parcels acquisition, State Deed Stamps usually less then $10.00 CONCERNS: There are no supported concerns relative to the parcel. RATIONAL FOR PROPOSED ACTION. • It "cleans up" the County's records • The parcel appears to be parkland, however this action will legally incorporate it into parkland. ATTACHMENTS: 3 Location Map 10-84354-020-00 6 11 24 I 7 25 ^r C 8 8 26 (� 10 9 1 1 27 11 za J 5 12 13 14 D " 15 1 4 / 010-29 SUBJECT PARCEL PARK L 1 _ I' RW,' 3 PARK 1 4 j 5 Q: Y OF FAG mm PARCEL DESCRIPTION SEC TWP RANGE SUSJ.TO APPRAISED LOT SLX REASSESS VALUE 10-04354-020-00 NII LDERNESS RUN STH ADDI TI ON OUTLOT ■ 400.00 Map Daoe:1O113/95 u DAKOTA COUNTY Agenda Information Memo August 6, 1996 Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve a change order in the amount of $310 for the Eagan Fire Station #1 renovation. ATTACHMENTS: ■ Attached onP g a e ris a staff memorandum. MEMO city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: FIRE CHIEF JENSEN DATE: AUGUST 1, 1996 SUBJECT: FIRE STATION #1 CHANGE ORDER The City is in receipt of a change order for the Fire Station #1 renovation project resulting in a total cost of $310. The three items included are described below: 1) Remove and reinstall air conditioning unit on roof - add $810 2) Delete roof expansion detail - deduct $1,175 3) Grind apparatus room floors at rough texture areas - add $675 These changes have been reviewed in detail by the architects and staff. If any Councilmember wishes additional information, please contact Assistant to the City Administrator Duffy. CJ/vmd Agenda Information Memo August 6, 1996 GG. CONTRACT 96-11 YANKEE DOODLE RD IMPROVEMENTS ACTION FOR COUNCIL CONSIDERATION: Approve extended work hours for Contract 96- 11 (Yankee Doodle Road - Street & Signal Improvements) for the hours of 8:00 p.m. - 4:00 a.m. on selected nights as approved by staff. FACTS: City Code Section 4.30, Subdivision 5.b, states "No operation shall be conducted prior to 7:00 a.m. nor after 7:00 p.m. nor at any time on Sundays and legal holidays unless otherwise approved by City Council". City staff has received a second request from Shafer Contracting, Inc., the general contractor for the Yankee Doodle Road project, requesting an extension to the previous variance for work hours to allow them to perform concrete sawing of the new ramp construction during its critical early curing phase. There are 3 ramps from Yankee Doodle Road to 35E that will require this operation. The first date has been identified as August 13/14 and future dates are dependent upon construction progress. Staff has reviewed this request and found it to be reasonable for this type of construction. ATTACHMENTS: • June 26 letter of request, pa e • July 5 staff response, page • Final letter of request, page • Summary of previous working hour extensions, page i� � i Mr. Tom Colbert Department of Public Works City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Dear Air. Colbert: &49 .- f 000 June 26, 1996 Re: S.A.P. 195-120-02 Yankee Doodle Road SHAFER, MINNESGTA 1 1996 As you can appreciate,the curing process of the concrete pavement is a sensitive one which requires us to complete the initial sawing in a most timely manner. Sawing the slab too early will result in spalling/raveling of the joints and if the slab is not sawed early enough random cracking will result. This is the reason why I request permission to operate our "Green" sawing operation after hours. I foresee this procedure occurring into late hours on 4-5 nights only and Shafer will do everything in its power to minimize the noise. GCP:jm Yours very truly, SHAFER CONTRITING 0., INC. r (1 By: Greg q. Pelkey V1 An Equal Opportunity Employer city of eagan July 5, 1996 Mr. Greg C. Pellcey Shafer Contracting Co., Inc. Shafer, MN 55074 RE: CITY CONTRACT 96-11, YANI KEE DOODLE ROAD IMPROVEMENTS REQUEST FOR EXTENDED WORKING HOURS Dear Mr. Pelkey: THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASiN THEODORE WACHTE1 Councl Memcers THOMAS HEDGES C;ty Administrator E..;. VAN OVERBEKE C;ty Clerk I am in receipt of your letter of June 26 requesting extended hours to perform the sawing of the concretepavement associated with the above referenced contract. City Code section 4.30, subdivision 53 restricts any construction activity prior to 7:00 A.M. or after 7:00 P.M. and on Sundays and legal holidays unless otherwise approved by the City Council. On June 16, the City Council approved a request by George Madson to extend those working hours from 6:00 A. M. to 8:00 P.M. through the duration of this contract. If your proposed operation intends to be outside the hours amended by Council action per Mr. Mason's request, it will have to be reconsidered by the City Council and amended accordingly. Ifyou feel this will be necessary, please submit a letter stating the specific hours and days that you are requesting a variance to this City code. The City Council meets on the 1st and 3rd Tuesday of the month and all requests must be received seven calendar days prior to that for scheduling on the agenda. We can certainly appreciate that certain construction related activities require unique scheduling requirements. We will be happy to work with you in meeting your needs. Also, it would be very helpful if you could reference the Cit<• Contract Number (96-11) on all future correspondence. Thank you. Sincerely, Thomas A. Colbert, P.E. Director of Public Works TAC/cb cc: George Madson, Shafer Contracting Co., Inc. Stan Lexvold, Construction Supervisor Mike Foertsch, Assistant City Engineer MUNICIPAL CENTER THE :ONE OAK TREE MAINTENANCE FACILITY 3830 PILOT KNCB ROAD 3501 COACHMAN PO:N' EAGAk MINNESOTA 5512•:99' THE SYMBOL OF STRENGTH AND GROWTH !N OUR COMMUNITY SAGA- , MINNESOTA 55:2-- PHONE: 5:"=PHONE: (612) 681.4600 PHONE ;6 "` a81.43CC FAX; (612%681.4612 Ecucl CpperturJtVtAffirmetive Ac'IC^ E^1plcyer :AX TDD: (612) 654-8525 454.8525 SENT Av:xercx Teleccpier 7021 ; 7-29-98 ; 5:47PY SHAFER 3ONTRACTINQ" 812 881 4812;8 2 Nr. Thomas A. Colbert Department of Public Works City of Hagan 3830 Pilot Knob Road Sagan, Mi=460 to 55122 Dear Nr. Colbert: &, , go r4, July 29, 1996 Re: City Contract No. 96-11 Yankee noodle Road MINNESOTA 55074 I am writing you in follow-up of my Jun® 26, 1996 letter which addrsas■d our after hours "green" sawing operation. I estimate we will be paving Ramp C-28 on August 13th and the initial sawing should begin about 5:00 p.m. and finish before 4:00 a.m. August 14th. These times and the speed at which the saving will occur are effected by mazy variables; temperature, humidity. precipitation etc. The salving, most likely, will not be a continuous operation and August 13th will be the only night we will reed a variance on this phase of construction. Yours very truly, SSR CONTRACTTNG CO., INC. By: Greg C. Pelkey, P.B. CCP:jm An sequel Opportunpy Employer R-90 6 61 22(P7 3 75 0`29-96 35:57PM P002 $345 REQUESTS FOR CHANGES IN HOURS OF OPERATION EAGAN PROMENADE AREA CONTRACTOR CONTRACT # & REQUESTED HRS & TO COUNCIL APP'D/ IMPROVEMENT DATES OF FOR APPL DENIED OPERATION Schafer Contracting I Contract 96-11 1 6:00 a.m. - 8:00 p.m. 6-18-96 Approved (Yankee Doodle Rd.) Present time to 11-1-96 Opus Development Contract 95 -DDD 5:00 a.m. - Midnight 6-18-96 Approved (Eagan Promenade) Present time to 11-30-96 McNamara Contracting Contract 96-12 6:00 a.m. - 9:00 p.m. 7-16-96 Approved (Northwood Drive) No specified dates Shafer Contracting Contract 96-11 5:00 p.m. - 4:00 a.m. 8-6-96 (Yankee Doodle Rd.) 8-13-96 -8-14-96 *Until first unresolved objection �0 Agenda Information 'demo August 6, 1996 PUBLIC HEARINGS A. PROJECT 709 KENNEBEC DRIVE & TA 13/BLACKHAWK ROAD ACTION FOR COUNCIL CONSIDERATION: To close the public hearing and approveldeny/amend Project 709 and, if approved, authorize the preparation of detailed plans and specifications. FACTS: • On Jul• . the Cin- Council opened the public hearing to consider the public improvements proposed under Project 709 which provides for the signalization and related intersection improvements on TH 13 at Blackhawk Road, the extension of Kennebec Drive and minor street improvements to Yankee Doodle Road • At the time of the public hearing. representative of the 'Metropolitan Council objected to their proposed assessment for the costs associated with the extension of Kennebec Drive. Special State Statues allow the Metropolitan Council to determine the amount of benefit and assessment associated with local public improvements • The City Council then continued the public hearing until August 6 and directed staff to %N ork N. ith the Metropolitan Council to determine what their participation would be • City staff met with -Metropolitan Council staff on Jule 11, the Metropolitan Council's finance committee on July 15 and the Metropolitan Council as a ,vhole on Jul 25 As a result of those meetings. the Metropolitan Council has determined that they will receive no immediate benefit from the proposed improvements to Kennebec Drive and have chosen not to participate in the financing of that improvement ISSUES: • The extension of Kennebec Drive is considered a local improvement and according to City Policv should be financed 100% through special assessments to benefitted properties. The installation of the Kennebec Drive access is necessar: to alloy% the proposed expansion of the Blue CrossBlue Shield River Park Development • Staff has identified four options for Councils consideration in light of the Metropolitan Council'; action: 1 100% of the cost of the Kennebec Drive extension per City standards (est $3 46,77 1 _ ) would be the responsibility of the River Park Development (as compared to original proposed assessment of S 115.5 70 ) 2. The Cin would assume or deter ti,e Me-tropolitan Council's estimated assessmer; ($231.140) until time of development and or access. Item A. Project 709 (Continued) Reduce the scope of the proposed Kennebec Drive improvement from the City's standard design of a 36wide curb and gutter industrial road with related storm sewer to a 25' wide rural gravel shouldered private drive with ditch drainage. 1000,o of the cost would be assessed solely to the River Park Development (est. $221,685). Maintenance of this substandard City street and access would be the responsibility of the River Park Development. 4. Same Option as number 3 but with the City financing any cost above the estimate and participation for BC/BS under the original proposal. • Blue Cross/Blue Shield has been informed of the Met Council's ruling and has stated that Option's #1 and #3 are not acceptable. They prefer Option #2 but would consider Option 4, if necessary. ATTACHMENTS: • Feasibility Report, pages throueh La— • . Feasibility Report Addendum, pages through I'- r su C1tV of czagan FEASIBILITY STUDY AND REPORT FOR KENNEBEC DRIVE AND TH 131 BLACKHAWK ROAD STREET AND UTILITY IMPROVEMENTS EAGAN, MINNESOTA CITY PROJECT NO. 709 C 0 N S U L T I N G GROUP, I NC. One Carlson Parkway, Suite 150, Minneapolis, MN 55447-4443 • (b1?) 475-0010 /�3 FEASIBILITY STUDY AND REPORT FOR KENNEBEC DRIVE AND TH 13/ BLACKHAWK ROAD STREET AND UTILITY IMPROVEMENTS EAGAN, MINNESOTA RE W D 61�� ,r j City of Eagan Department of Public Works Date: P , REVIEWED BY: 166.Q. M, low— Cit f Eagan Finance Department Date: • '`1- qua 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: to " 3 " 9� Reg. No. 1213611 SRF No. 0962417.1 01 Consulting Group, Inc. Transportation ■ Civil ■ Structural ■ Environmental • Planning • Traffic ■ Landscape Architecture • Parking June 3, 1996 Honorable Mayor and City Council CITY OF EAGAN 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: KENNEBEC DRIVE AND TH 13/BLACKHAWK ROAD CITY OF EAGAN PROJECT NO. 694 Dear Mayor and Members of the Council: SRF No. 0962417.1 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 / � dmd� J mes R. Dvorak, P.E. enior As MDH/JRD/smf Enclosure SRF Consulting Group, Inc. One Carlson Parkwav North, Suite 150, Minneapolis, Minnesota 554.1;-4443 Telephone (612) 475-0010 a Fax (612) 475-2129 An Equal Opportimihr Emplo.ver 1 ` 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 Page No. 1. 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 1X. 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 ---] (--�7 N I. 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. 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. • It is recommended that the City of Eagan begin right-of-way and easement acquisition immediately. 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 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 turn 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 -turn 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. T 0 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 13/Blackhawk 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. ;�I 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. 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). 83 6/3/96 TABLE 1 H:ICIVIL1008124171ASSESS.XLS RIGHT-OF-WAY AND EASEMENT REQUIREMENTS SRF NO. 0962417.1 CITY OF EAGAN PROJECT NO. 709 NO. PARCEL PIN EASEMENT PREPARED BY: SRF CONSULTING GROUP, INC. AREA COST Isq ft) (S/sq ft) TOTAL 1 A 10-90040-012-00 Temp Const Esmt along Kennebec Or 30,000 0.30 $9,000 2 8 10-90040-014-00 Temp Const Esmt along Kennebec Or 30,000 0.30 $9,000 3 C 10-18200-013-01 Perm Right-of-way for Kennebec Or Cul-de-sac 11,500 1.50 $17,250 4 C 10-18200-013-01 Temp Const Esmt for Kennebec Or 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 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. $54,780 C. TH 13/BLACKHAWK ROAD INTERSECTION Improvements to the TH 13/Blackhawk Road intersection will be constructed within existing right-of-way. V. PERMITS Permits for street and utility improvements proposed under City Project No. 709 will be required from the following agencies: • Lower Minnesota River Watershed District • Minnesota Department of Transportation VI. 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 - 11 - 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 61 Comsery No. 1 (BCBSM, Inc.) F. 10-00800-013-50 PO L1 B1 Comsery No. 1 (BCBSM, Inc.) 2r 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. 10-68050-112-01 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 B1 Valley Acres (City of Apple Valley) PO L11 B1 Sibley Term. Ind. Park (Trans Corp.) PO L11 B1 Sibley Term. Ind. Park (Gresser) L1 131 Best Brands 2nd (Best Brands, Inc.) Unplatted (Tousignant) L1 B1 Blue Cross (Minn. Hosp. Serv. Assn.) L2 B1 Blue Cross (Minn. Hosp. Serv. Assn) L3 B1 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 -turn 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 4 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. -14- 613/96 TABLE 3 H:',CIVIL1008124171ASSESS.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 (A) (B) Kennebec Drive 251,9321 83,977 83,977 83,977 13,996 (B) Yankee Doodle Rd Cul-de-sac 58,330 58,330 10-18200-012-01 683,583 42,486 (B) Yankee Doodle Rd Rt Turn Ln Ex 39,416 65,7530 10-18200-011.01 39,416' TH 13 / Blackhawk Road 448,412 23,849 67,397 448,412 Streets Subtotal $798,090 $142,307 $83,977 $83,977 $487,828 STORM SEWER 2,289,673 $142,307 $77,933 Kennebec Drive 94,780 31,593 31,593 31,593 Yankee Doodle Rd Cul-de-sac 46,340 46,340 10-90040-012-00 1,435,000 83,977--- Yankee Doodle Rd Rt Turn Ln Ext 10-90040-014-00 649,500 TH 13 / Blackhawk Road 31,593 11,690 127,261 Subtotal Storm Sewer Subtotal $141,120 $77,933 $31,593 $31,593 $254,521 SANITARY SEWER & WATER $23,380 $11,690 $11,690 $23,380 TOTAL $962,590 $220,241 $127,261 E $127,261 I $487,828 NOTES: (A) 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 STREET ASSESSMENT ' LATERAL STORM ASSESSMENT LATERAL { SEW & WAT ASSESSMENTI 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 65,7530 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 2,289,673 $142,307 $77,933 $220,241 Met Council Parcels 10-90040-012-00 1,435,000 83,977--- 31,593 10-90040-014-00 649,500 83,977 31,593 11,690 127,261 Subtotal 2,084,5001 $167,955 $63,187 $23,380 $254,521 TOTAL $310,262 $141,120 $23,380 $474,762 � l 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. -16- qz:: � �- - 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. 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 $ 141,1200 C. SANITARY SEWER AND WATERMAIN Kennebec Drive $ 23,380 $ 23,380 Yankee Doodle Road $ 0 $ 0 TH 13/Blackhawk 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. 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 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 Pj z O P U r z O U } a z J W M CL z a a W LL 0 } H U N OI ry Nl_O 0 0 0 n:m O NINoto OMO m NIn O mi- O NI O10 MO O 'N Io O C O C O O O0 0 NO I I ID1m10NI 0I CI - O NII'N•�Ip=IN N m QQ n'•In Mlm Q NIN n nQl- IM, -In p• m❑ d C1IN IO NNS^NI^w�N Mlml-'O •IN ml N OI OIm O m m INI' Q m�m'Nm N O'Q h RI m Q Cllr' ryi mldf IQ..� a N ^' d O� V w!. ^! 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O Q n-- N M N N M m n M Ne N N N Ni i M m O M O tD OI W O M O dl d d of O O NI NIN N N N NN Nf NIN NI N� I N II N I N N N N N N: N N N NI NF N• OI N N NIN N O O'I O, O f _ 0 750^ EAGAN i990 POP. 47.40? CITY OF EAGAN CITY PROJECT NO. 709 FIGURE KENNEBEC DR. AND T.H. 13 / BLACKHAWK RD. c�.wthn C". � to -mz4ff t PROJECT LOCATION MAP 0 f� If f j r � m ' p m Z r_ W r, O Y -_ w V)ET, i I cr CL 1 t ct w 3 w 0 I- V) p Li N O O z a I W W N 0 p W 0 a 0 m a O o is I � BLACKNAWK ROAD O W r � V_ N LL Z Z LUW 0 CL i W LLl c» ' 0 Z F- W LLJ H , Ln 0 w CL e ab 7 Z i I � i y DWVE TERM►NAL s O �ry 1 ` 11 0 1, cr ti = I OHO O a �i YE DRIVE «� W W J .o - LLJ U o CL a�/ c a � W O U L s e J; a - �I � 2 v Z a u U OF �'• U v W 3 W V1 I c!� ui C° O ` 0 W N 0 a 0 z a Q W a U O \eJ o ce i s e J; a - �I � 2 c — a O N I 1 O � O i BLACKHAWK ROAD MI SHAWNEE RD.� Fol I C44 i Z z E i D 3 � 9 2 a J W ON O O Ir 0 0 Q E b � 9 2 a J 0) c z^ dd6d u7 Z w6LJ O� r v U� U 0 z Q V W d W z z w Y v 9 2 $ s w A7 r � Q Q a L z C. O w I-- w w W W a " =1 Z WLLJ H r W f J W W to a o N U ` 4r BUCKHAWK ROAD CI Boa � z D _V Q� � z Q� = w Z O L¢lJ Z � (— Q �a Q V O NQ � V V � d � z ° Z LJJ O a t3 f S ��- 1 14 0 \\ \ I O II �E;D II{ _ y W 3 o W } } W a p W z W z c9 W WO CL Li W W ® i i w W a r W O % a a _ I � I I CL l tff� Il ❑0 0 i 0 m � 9 w N •' � wtiJ _KsConsulting Group, Inc. Transportation ■ Civil ■ Structural - Environmental - Plannin, ■ Traffic ■ Landscape .Architecture ■ Parkin; SRF No. 0962417.1 MEMORANDUM TO: Tom Colbert, P.E. Public Works Director, City of Eagan FROM: Matthew D. Hansen, P.E., Senior Engineer James R. Dvorak, P.E., Senior Associate I� DATE: August 1, 1996 `J SUBJECT: FEASIBILITY REPORT AMENDMENT KENNEBEC DRIVE AND TH 13/BLACKHAWK ROAD CITY OF EAGAN PROJECT NO. 709R I. INTRODUCTION The Feasibility Report for City Project No. 709 was accepted by the City Council on June 4, 1996. A public hearing was held on July 2, 1996 to discuss the project with adjacent property owners. As a result of the public hearing and subsequent meetings between City staff and adjacent property owners, alternatives to Kennebec Drive are being considered. This Memorandum summarizes these alternatives for consideration as an amendment to the original report. II. KENNEBEC DRIVE IMPROVEMENTS Kennebec Drive could be constructed as a 25 -foot -wide, two-lane rural roadway with 3 -foot -wide aggregate shoulders. Storm water runoff will be conveyed via ditches on both sides of Kennebec Drive. Figures 2 and 5 have been revised to show this change in design from the original report (see Appendix). This segment could then be improved to City standards in the future as a 36 -foot -wide urban roadway with curb and gutter and storm sewer when the adjacent property develops. The sanitary sewer and watermain service extension improvements proposed in the original Feasibility Report have been deleted from the project. SRF Consulting Group, Inc. One Carlson Parkwav North, Suite 150, :Minneapolis, Minnesota 55.117-4443 Telephone (612) 475-0010 ■ Fax (612) 475-2429 -ln Equal G'E�p rtirnf tib n'v w�'r I ,� Tom Colbert, P.E. - 2 - August 1, 1996 III. ESTIMATED COSTS The estimated cost of City Project No. 709R has also been revised and is shown below in Table 2. A revised detailed estimate of construction costs is included in the Appendix. IV. TABLE 2 (Revised August 1, 1996) Estimated Costs City Project No. 709R Kennebec Drive and TH 13/13lackhawk Road Improvement Cost Streets Kennebec Drive $159,150 Yankee Doodle Road • Cul-de-sac and entrance drive $ 48,070 • Right -turn Lane Extension $ 33,570 TH 13/Blackhawk Road $448,400 Stone Sewer/Drainage $ 70,210 Sanitary Sewer and Watermain $ 0 Right -of -Way $ 54,780 Total Project Cost $814,180 ASSESSMENTS In the original report costs for Kennebec Drive street and storm sewer improvements were proposed to be split into thirds and assessed equally to the following three parcels: 1. Riverpark Office Center (Lot 1, Block 1, Comserve No. 1) 2. Met Council property north of Kennebec Drive (Tract C RLS No. 4) 3. Met Council property south of Kennebec Drive (Tract E RLS No. 4) These assessments are revised so that Riverpark Office Center (BCBS) will be assessed the entire cost of Kennebec Drive street and drainage improvements. Table 3, Proposed Assessment Summary, and Table 4, Preliminary Assessment Roll, have been revised to reflect these changes. 811196 TABLE 3 (REVISED 8-01-96) H:ICIVIL1008124171ASSESS.XLS PROPOSED ASSESSMENT SUMMARY SRF NO. 0962417.1 CITY OF EAGAN PROJECT NO. 709R PROPOSED ASSESSMENT PREPARED BY: SRF CONSULTING GROUP, INC IMPROVEMENT C.P NO. 7098 COST BLUE CROSS BLUE SHIELD PARCELS MET COUNCIL PARCEL NORTH OF KENNEBEC MET COUNCIL PARCEL SOUTH OF KENNEBEC EAGAN MAJOR STREET FUND STREETS (A) 10-18200-013-01 411,208 I(B) Kennebec Drive 197,815 197,815 0 0 (B) Yankee Doodle Rd Cul-de-sac 58,330 58,330 l 10-18200-011-01 (B) Yankee Doodle Rd Rt Turn Ln Ex 39,416 21,485 99,869 39,416 TH 13 / Blackhawk Road 448,412 15,154 $0 448,412 $487,828 Streets Subtotal $743,973 $256,145 $0 STORM SEWER/DRAINAGE Met Council Parcels Kennebec Drive 23,870 23,870 0 0 0 Yankee Doodle Rd Cul-de-sac 46,340 46,340 0 0 0 Yankee Doodle Rd Rt Turn Ln Ext Subtotal 2,084,500 $0 $0 $0 TH 13 / Blackhawk Road TOTAL $256,145 L $70,210 $0 Storm Sewer Subtotal $70,210 $70,210 s0 $0 SANITARY SEWER & WATER $0 $0, $0 TOTAL $814,183 $326,355 $0 $0, i $487,826 NOTES: (A) INCLUDES ESTIMATED COSTS FOR GRADING, PAVING, TRAFFIC AND TURF ESTABLISHMENT (B) INCLUDES ESTIMATED COST FOR RIGHT-OF-WAY TABLE 4 (REVISED B-01-96) PRELIMINARY ASSESSMENT ROLL CITY OF EAGAN PROJECT N0, 709R PARCEL LATERAL LATERAL AREA STREET STORM sq ft ASSESSMENT ASSESSMENT LATERAL SEW & WAT ASSESSMENT TOTAL Blue Cross Blue Shield Parcels 10-18200-013-01 411,208 46,002 12,609 58,611 10-18200-012-01 683,583 76,47220,961 97,433 10-18200-011-01 700,671 78,384 21,485 99,869 10-00800-013-60 494,211 55,287 15,154 70,442 Subtotal 2,289,673 $256,145 $70,210 $326,355 Met Council Parcels 10-90040-012-00 1,435,000 0 0 0 0 10-90040-014-00 649,500 0 0 0 0 Subtotal 2,084,500 $0 $0 $0 $0 TOTAL $256,145 L $70,210 $0 $326,355 -3- a�0 Tom Colbert, P.E. - 4 - August 1, 1996 V. REVENUE SOURCES Revenue estimates have been revised as follows: Project Assessment Cost Revenue Balance A. STREETS Kennebec Drive $ 197,815 $ 197,815 Yankee Doodle Road $ 97,746 $ 58,330 TH 13/Blackhawk Road $ 448.412 0 Subtotal $ 743,973 $ 256,145 -$ 487,828 B. STORM SEWER/DRAINAGE Kennebec Drive $ 23,870 $ 23,870 Yankee Doodle Road $ 46,340 $ 46,340 TH 13/Blackhawk Road $ 0 0 Subtotal $ 70,210 $ 70,210 $ 0 C. SANITARY SEWER AND WATERMAIN (Deleted from Project No. 709R) TOTAL BALANCE -$487,828 The project deficit (-$487,828) will be financed by the City of Eagan Major Street Fund. APPENDIX Preliminary Cost Estimate (Revised August 1, 1996) • Figure 2 - Kennebec Drive Improvements (Revised July 24, 1996) Figure 5 - Typical Sections (Revised July 24, 1996) z N D'O H O 0"O ¢ O p1Nmvmm121. l(NNv71 C iMof7l 'yNN 1N� iN.1p0a 0N 1r0 . 1 O N W m C n O d N ❑(a� m z N'. y' C ONQO mNA mNt0 0 N m m{NnQ0 U rN O cN11y^ Om Z o O 010 n ry n N 7 ❑ o n to l JQ NN^f^N7 N 0 "I Hm^ a N f� ^ I Nm y N ZM u ^ LU Z 10['1 1011 N 1 ¢ O v U O. N v 0 N mN I FN NO^ NtNo NM1o (1m0 NO0 yl NO t0'1 00N N Q w O W ❑ Q QmOn Il N m N �! O U O O ImOI^lJ O�ItaD H O J O •� 1NO a w 0 0 ❑� l O O H 1 m H HiNI '°! r m N 3�I Q W N N W N NI L`� ¢¢❑U m H� N O m^O N O ' IN0 N m a ^IO 01 NO oa Nd oOi d oI N M O ooNIofnooomdoaOO N N N Ni N �. 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( ( o W 7� V N L o cx w W Q Q Y a U � W 0 Z V) O fn Z r W OO a Ln U�Z Z U Q Q 0 � H V LU cc w W O Z a Z p LLJd a e � 3 � G 2 s O ,. s 3 d T - - - W I P �I � mm2 LA v - t � i a01 a I2 co v N � 1p Q N a �a J Z O W n Ni xl Z I O O IxIx ~j - Ni� ^ii-- 4 w u N V lJ J N p Q W Q — d W I O \ N� w a W 1 O "I Z Y v1i� N12 OI YZ N�� N O IJ U �Ir- it i U U �p vWi m 14 rn l 06 1 I o � iolmN C� ti d' O ,. s Agenda Information :demo August 6, 1996 B. PROJECT 704 W'ESCOTT RD & LEXINGTON AVENUE ACTION FOR COUNCIL CONSIDEXkTION: To close the public hearing and approve Project 704 (Wescott Road & Lexington Avenue - Signal & Overlay) and authorize the _%layor and Cite Clerk to execute the Cost Participation Agreement with Dakota County. FACTS: • The signalization of Wescott Road with Lexington Avenue (County Road 43) was first identified in the City's Capital Improvement Program (CIP) in 1991 for installation in 1992. It has been rescheduled several times with subsequent updates to the City and County's CIP to most recently being programmed for 1996. • In December of 1995, this intersection was identified as haying the fourth highest priority needs for signalization in Dakota County based on the combination of traffic volumes and preventable accidents • On February 6. the City Council authorized the preparation of a feasibility report to identify the scope and costs of the proposed project • On July 2, the Cite Council received the feasibility report and scheduled a public hearing or August 6 • Informational neighborhood meetings were held on June 24 and July 23 • All notices were published in the legal newspaper and sent to all potentially affected property owners infbmn n_ them of this pul lic hearing ISSUES: In order to convert this intersection from a 4 -way stop to a traffic actuated signalized intersection, the traffic volumes and traveling speed require Wescott Road to be widened from its current 4 -lane to a 5 -lane design with opposing left -turn lanes to ensure adequate safer\ sight distance. The original design tried to minimize the impact of widening Wescott Road to accommodate this fifth lane Based on concerns expressed by impacted property owners, an alternative design is being proposed which will convert the outside thru-lane of �\"escott Road into a right -turn only lane at the intersection This has greatly reduced the construction impar: to adjacent properties However. there is still significant concern from immediate neighbor: regarding this proposed signalization ATTACHMENTS: • Feasibility report, pages through .: / • June 24 informational meeting minutes, pages of through 9 July 23 informational meeting minutes, page: ( through f�� Wescott Road and Lexington Avenue Intersection Street Improvement Report City of Eagan Minnesota City Project No. 704 SEH No. A-EAGAN9606.00 June 19, 1996 (Revised July 17, 1996) =SEN July 17, 1996 _5„_ VAON.IS•CE^17== i'✓c c'i-c� -�uL. �b1NE-7'0 o'=a90-=000 cc^225-_-�: ?nChl7UPE VG =c PlG c.:'VI,-^.CNME.'1?L 74NS;=-. Honorable Mayor and City_ Council Citv of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor and City Council. RE: City of Eagan, Minnesota Street Improvement Report Wescott Road and Lexington Avenue Intersection City Project No. 704 SEH No. A-EAGAN9606.00 Enclosed is our revised report for Wescott Road and Lexington Avenue Intersection Street Improvements, City Project No. 704. This report discusses the signal, intersection modifications, and proposed street resurfacing improvements and presents cost estimates for these improvements. We would be pleased to meet with you at your convenience to discuss this report. Sincerely, Thomas A. Sohrweide, P.E. wrc Sf'Cw ELL. -Cl: -E% P"C�SC.N INC •'N S7 :_�'UO PON '1F=.'.Y ,ALL.. ,V1 E.:L,rL :PPCR7 N1rY P F_ eeq l List of Appendices Appendix A Preliminary Cost Estimate Appendix B Exhibits No. 1 Location Map Nos. 2,3,4 Project Location No. 5 Typical Section Widening No. 6 Typical Section for Resurfacing (Mill and Overlay) No. 7 Easement Acquisition Appendix C Signal Justification Report Wescott Road and Lexington Avenue Intersection A-EAGAN9606.00 City of Eagan, Minnesota Page ii �J Wescott Road was constructed in 1982 to a width of 52 feet wide (face of curb to face of curb) and last seal coated in 1987, as part of the Cit,,'s seal coating program. The street has experienced problems with the wear surface becoming brittle and is just beginning to require more maintenance than expected for its age. Generally. streets have a service life of 25 to 30 years. Based on the present condition of the street. seal coating would not be cost effective. Resurfacing the street will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Scope This project provides for installation of a traffic signal, street widening. and resurfacing of Wescott Road from Denmark Avenue to approximately 850 feet east of Lexington Avenue as shown on Exhibit Nos. 2, 3, and 4. Also included is the replacement of damaged curb and gutter and subgrade correction in isolated areas. Feasibility and Recommendations The project is feasible from an engineering standpoint and is in accordance with the Five Year Capital Improvement Plans (1996-20001 for the City of Eagan and Dakota County. It is recommended that the project be constructed as proposed in this report. The project can best be carried out as one contract. Street Evaluation The City of Eagan Pavement Management Program allows the Cite to evaluate the condition of the existing street surface to schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories which define PCI rankings are as follows: Recommended Improvement 55-110 Routine Maintenance/Crack Seal/Seal Coat 35-55 Patch/Repair and/or Overlay 0-35 Reconstruct The 1995 PCI ranking for Wescott Road ranges from 43 to 78 with an overall average of 57 and falls in the lower portion of Routine Maintenance/Crack Seal/Seal Coat category very close to the Patch/Repair and/or Overlay category (resurfacing). The existing bituminous surface will be milled across the entire width of the road and a bituminous overlay will be constructed over that surface. Wescott Road and Lexington Avenue Intersection City of Eagan, Minnesota A-EAGAN9606.00 Page 2 The existing bituminous surface will be milled across the entire width of the road to a depth of 11ii inches to remove as much cracking as possible. Crack sealing and patching will be required prior to the placement of the bituminous overlay. Damaged curb and gutter will be replaced if severel-' cracked or settled. It is estimated that approximately ? percent of the existing concrete curb and gutter will have to be replaced. Subgrade correction will be required in isolated areas that show extensiN,e distress. This work involves removal of the bituminous surface, aggregate base, and subcutting the street to a depth of one foot. The subcut would be backfilled with granular material. The street would be patched with aggregate base and bituminous to the thicknesses of the existing section. This work is proposed to be constructed in the summer of 1997, after the widening and traffic signal have been completed. With the resurfacing occurring in 1997, the Wescott Road traffic signal detection loops would have to be installed for a second time and the new pavement in the area of Wescott Road which is widened will have to be milled out and resurfaced. The combination of crack sealing, patching and overlay will not totally eliminate cracking because of the temperature extremes experienced in Minnesota. Routine maintenance will still need to continue. Bituminous overlays will show some continued frost movement and reflective cracking consistent with the underlying pavement. Easements Both permanent and temporary easements will be necessary in order to widen Wescott Road as shown on Exhibit No. 7. Permanent easements for public right-of-way are needed to keep the proposed street, curb and gutter, sidewalk, and trail within the right-of-way. In addition, temporary easements are necessary for slope grading. The easement areas shown are approximate and based on limited field surveys. Permits Williams Pipeline Company has three pipes running parallel to Wescott Road. To accommodate the widening, fill will have to be placed over the pipeline. Williams Pipeline Company will review the engineering plans and determine whether an encroachment permit will be necessary Wescott Road and Lexington Avenue Intersection City of Eagan, Minnesota �7 A-EAGAN9606.00 Page 4 Revenue Source Wescott Road and Lexington Avenue are designated as Municipal State - Aid Streets (MSA) and therefore, eligible for State -Aid funding. The MSA participation is based on the assumption that the street widening, resurfacing and signal construction costs are MSA eligible. Also, the City may request up to 25 percent of the eligible items for engineering services. Dakota County has indicated that they will participate in 50 percent of the signal cost only. Therefore, any intersection modifications to Wescott Road will be the City's full responsibility. The following is a summary of revenue sources: The City's portion of the project costs will be funded by Municipal State Aid as well as the City's Major Street Fund. Wescott Road and Lexington Avenue Intersection A-EAGAN9606.00 City of Eagan, Minnesota Page 6 Project Cost City Dakota County Traffic Signal $178,200 $89,100 $89,100 St. Widening $171,210 $171,210 — Easements $1,670 $1,670 — Mill & Overlav $224.740 .224.740 — Repair Exist. Conc. Curb & Gutter $4,750 S4,750 — Subzrade Correction $10.920 $10,920 — Total $591,490 5502390 S891100 The City's portion of the project costs will be funded by Municipal State Aid as well as the City's Major Street Fund. Wescott Road and Lexington Avenue Intersection A-EAGAN9606.00 City of Eagan, Minnesota Page 6 Appendix A Preliminary Cost Estimate Item Est. Unit Oty. Unit Price Est. Cost Pavement Message (Turn Arrows) EACH 8 $100.00 $800 4" Solid Line - White L.F. 600 0.50 300 24" Solid Line - Yellow L.F. 400 5.00 2,000 24" Stop Bar - White L.F. 150 5.00 750 4" Broken Line - White L.F. 160 0.50 80 4" Double Line - Yellow L.F. 1,600 1.00 1,600 Silt Fence L.F. 400 2.00 800 Sod. Type Lawn and Boulevard S. Y. 2.600 3.00 7.800 Subtotal $115,295 +10% Contin encies 11.530 Subtotal $126,825 +35% Indirect Costs 44.385 TOTAL $171,210 111. Easements Item Unit Est. Oty. Unit Price Est. Cost Permanent Easement S. F. 1,440 $1.00 $1.440 Temporary Easement 5.F _2300 300 0.10 230 . Subtotal $1,670 %ao if. Repair Existing Concrete Curb Item Remove Concrete Curb and Gutter Unit L. F. Est. MY. 120 Unit Price $5.00 Est. Cost S600 B618 Concrete Curb and Gutter L.F. 120 12.00 1,440 Bituminous Patch Mix Ton 15 65.00 975 Sod S. Y. 60 3.00 180 Select Granular Borrow C. Y, Subtotal $3,195 800 Aggregate Base, Class 5 +109,o Contingencies 320 9.00 1,980 Subtotal S3,515 100 25.00 +35% Indirect Costs 1.235 57,355 -10°a Contin encies TOTAL 54,750 III. Subgrade Correction (As Necessary) Item Unit Est. Q . Unit Price Est. Cost Remove Bituminous Pavement S.Y. 350 $2.50 $875 Sawing Bituminous Pavement L. F. 100 4.00 400 Subgrade Excavation C.Y. 200 4.00 800 Select Granular Borrow C. Y, 100 8.00 800 Aggregate Base, Class 5 Ton 220 9.00 1,980 Bituminous Patching Mix Ton 100 25.00 2.500 Subtotal 57,355 -10°a Contin encies F 735 Subtotal S8,090 +35% Indirect C osts 2.830 TOTAL $10,920 � < TA:ti; P'CD ,• W A ' ��• G Q.UCKVvo Q p r% DLA �G z 7' ? { w _ Z1 _ Y T O r�NhlVCir Q I W Kr" �J Jn l -._I CR_S RIDGE LA. TLn p ELIC KR Ln C C C C Y h G a`V v qi rh F-LLj Ln C'` C`r u r n v � • -ALC`-" 41 c TIM 3 AD E FOO�E � m v OEvMaRk C- = F� BRAUN CG _ > OR IF, WESCOTT _ f RD. J - PA �. W DEERC`�` a z _ -- — =7�— p y.. r�L A..ROJECT�a OCATIO v s ac=RR�0GE Q �o� -- � c . z 3 1 _ /(•" \ T < ii ,R D G�- w C J eERR� � �`UEBcRRY �� z v RASPS E�� `T 6 KNOLL z Aw FILE NO. CITY PROJECT NO. 704 EAGAN9606.00 WESCOTT RD. - LEXINGTON AVE. �� EXHIBIT .�'9rd DATE: INTERSECTION IMPROVEMENT NO 1 REV. 7/17/96 EAGAN, MINNESOTA mmol -4 uj J Q U Z � O Z MA Tn, 00 Li i 3+ 90- -- o0 LEXINGTON AVE. r R - h I - ESTBURY DRIVE o h o - - m y h 1 m f/f j - R i• i - - Z Q I N a Z —� Lnl W Q I ! 0 FILE NO. CITY PROJECT NO. 704 Aw A� EAGAN9606.00 WESCOTT RD. — LEXINGTON AVE. EXHIBIT DATE: INTERSECTION IMPROVEMENT NO. 3 REV. 7/17/96 EAGAN° MINNESOTA � a 3 I L - WESCOTT WIDENING (WEST OF LEXINGTON AVE.) TYPICAL SECTION EXIST. B618 CONC. C&G (TYP.) MILL 1-1/2- AND OVERLAY WITH 1-1/2" TYPE 41 BITUMINOUS WEAR COURSE BITUMINOUS TACK COAT TYPE 31 BITUMINOUS LEVELING COURSE, AS NEEDED EXISTING STREET SECTION WIDENED STREET SECTION 1-1/2" BITUMINOUS WEAR COURSE 1-1/2" BITUMINOUS BINDER COURSE 1-3/4" BITUMINOUS BASE COURSE 12" AGGREGATE BASE 6" CLASS V 1007. CRUSHED 2" BIT. WEAR COURSE - WESCOTT WIDENING (EAST OF LEXINGTON AVE.) TYPICAL SECTION 58' PROPOSED 52' EXISTING i 6 8618 CONC. ! SLOPE 1/4"/f t. C&G ( ) --------------------- - ---__ 7/4"GRANULAR MATERIAL EXIST. 6618 CONC. S V 100%C� (NP) - 4" CONC. SIDEWALK j MILL 1-1/2" AND OVERLAY WITH j i 1-1/2" TYPE 41 BITUMINOUS WEAR COURSE BITUMINOUS TACK COAT I TYPE 31 BITUMINOUS LEVELING COURSE, AS NEEDED EXISTING STREET SECTION - WIDENED STREET SECTION 1-1/2" BITUMINOUS WEAR COURSE 1-1/2" BITUMINOUS BINDER CCU RSE 1-3/4" BITUMINOUS BASE COURSE 12' AGGREGATE BASE FILE N0. CITY PROJECT NO. 704 EAGAN9606.00 WESCOTT RD. - LEXINGTON AVE. EXHIBIT : DATE: INTERSECTION IMPROVEMENT NO. 5 REV. 7/17/96 EAGAN, MINNESOTA ra= 11 N Ln _ I Ln —� Ln ji I o Z en Ln L W I Q O 6' TEMPORARY i � I i L p Li V) r O o �e z cc U9�o 0 i ` c n 3:: 5' PERMANENT - NIL - - 5< _ .a. [Emp U� o c G g - � O j o _Ln cc c _Z��� Q W 2' W O w �(n �Q� - W Q W _ Q ' a_ W (J7 Li _..... ._ .......... ..... _.. ;= LEXINGTON AVE. Ar FILE NO. EAGAN9606.00 S DATE: REV. 7/17/96 � DZ CITY PROJECT NO. 704 j WESCOTT RD. - LEXINGTON AVE. EXHIBIT INTERSECTION IMPROVEMENT NO. 7 EAGAN, MINNESOTA SIGNAL JUSTIFICATION REPORT Minnesota Department of Transportation Lexington Avenue (Co. Rd. 43 - M.S.A.S. 111) at Wescott Road (M.S.A.S. 106) City of Eagan Dakota County S.A.P. No. 195-106-08 City Project No. 704 SEH No. A-EAGAN9606.00 June 17, 1996 Revised July 11, 1996 law i■r5 BJ a� Minnesota Department of Transportation i' DISTRICTS TRAFFIC SIGNAL JUSTIFICATION REPORT Lexington Avenue (Co. Rd. 43 - M.S.A.S. 111) at Wescott Road (M.S.A.S. 106) PROJECT DESCRIPTION The proposed traffic signal installation is at the intersection of Lexington Avenue (Co. Rd. 43 - M.S.A.S. 111) and Wescott Road (M.S.A.S. 106) in Eagan, Dakota Countv, Minnesota. The intersection, as shown on Drawing No. 1, is located approximately one mile south of Yankee Doodle Road and one mile east of Pilot Knob Road, both of which have access to I -35E. It is proposed to install a permanent Full -Traffic -Actuated Traffic Control Signal System with overhead mast arm mounted signal indications for all of the approaches to the intersection. Protected left tum phasing is anticipated for all approaches to the intersection. It is not anticipated that any traffic signal interconnection would be provided at this time. It is proposed to widen Wescott Road to create dedicated left turn lanes and install a new traffic signal system at this intersection during the summer/fall of 1996. The anticipated letting date for this project is summer, 1996. Lexington Avenue at its intersection with Wescott Road is a four -lane roadway with dedicated left turn lanes at the intersection. Lexington Avenue is an arterial street which connects Trunk Highway 55 on the north to Cliff Road (Co. Rd. 32) on the south, as shown on Drawing No. 2. The speed limit on Lexington Avenue is 50 miles per hour. Wescott Road is a four -lane road which extends from Pilot Knob Road on the west to Trunk Highway 149 on the east. At Lexington Avenue there are no designated turn lanes. The speed limit on Wescott Road is 45 miles per hour. The intersection is presently controlled by stop signs on all approaches. The existing geometrics are shown on Drawing No. 3. To improve the operation of the intersection with the installation of a traffic signal will also require the designation of dedicated opposing left turn lanes on Wescott Road. This will be accomplished by widening each approach of Wescott Road by 6 feet to create the dedicated left turn lanes. The right or curb approach lane will be designated for "right turn only" at Lexington Avenue. The left approach lane will be a through lane at Lexington Avenue and will provide access to the designated left turn lane. The proposed geometrics with the addition of the Wescott Road left turn lane are shown on Drawing No. 4. Signal Justification Report /C::)- 9 Page 1 of 5 JUSTIFICATION TRAFFIC VOLUME ANALYSIS Turning movement traffic counts were taken by Short Elliott Hendrickson Inc. (SEH) at the intersection of Lexington Avenue/Wescott Road on April 16, 1996. Based on this traffic count, the traffic volume warrants to justify the installation of the traffic signal as established by the Minnesota Manual on Uniform Traffic Control Devices (MML?CD) are met as follows: • Warrant No. 1 - Minimum Vehicular Volume: 11 hours • Warrant No. 8 - Combination of Warrants: 9 hours • Warrant No. 9 - Four Hour Volumes: 9 hours • Warrant No. 11 -Peak Hour Volume: 5 hours ACCIDENT EXPERIENCE From January 1, 1991, through March 16, 1996, there have been 13 documented accidents at this intersection. In addition to those, there were three (3) reported accidents involving collisions with deer in 1994 and 1995. There were also five (5) property damage reported accidents for which no accident report was filed. Two of these accidents occurred in 1994, two in 1995, and one in 1996. The accident information is summarized in the following table. Accident Data Lexington Avenue/Wescott Road - -' - Accidents =� '. (with acddentre ort} : " .."`Accidents !:Accidents Susceptible to ::=-` (with re rt1_4:.. correction with Si izaHon 1991 2 unknown 1 1992 1 unknown 1 1993 5 unknown 4 1994 1 3 1 1995 3 4 1996 thru 3 / 16 i 1 1 1 As shown above, the number and types of accidents by themselves do not warrant the installation of a traffic signal. However, the above accidents have occurred at an all -way stop intersection. Contributing to the accidents, as evidenced in the accident reports, is the large size of the intersection. Because of the intersection size, it is often difficult for drivers to determine the appropriate time for them to access the intersection and to evaluate what other drivers are intending to do. The installation of a traffic signal would improve the safety for this intersection by assigning right-of-way to the driver. Signal Justification Report Page 3 of 5 WARRANT SUMMARY Lexington Avenue/Wescott Road The traffic control signal meets the following MMUTCD warrants: Warrant No. 1- Minimum Vehicular Volume Warrant No. 2,- Interruption of Continuous Traffic Warrant No. 3 - Minimum Pedestrian Volume Warrant No. 4 - School Crossing Warrant No. 5 - Progressive Movement Warrant No. 6 - Accident Experience Warrant No. 7 - Systems Warrant Warrant No. 8 - Combination of Warrants Warrant No. 9 - Four Hour Volumes Warrant No. 10 - Peak Hour Delav Warrant No. 11- Peak Hour Volume Warrant No. 12 - Senior Citizen and Handicapped Pedestrian Crossing (Minnesota Approved Warrant) met for 11 hours met for hours met for hours does not meet does not meet does not meet does not meet met forg hours met for u hours does not meet met for r hours does not meet This flashing beacon meets the following Mn/DOT warrants: Not Applicable Warrant No. l - Limited Visibility N/A Warrant No. 2 - Accident Rate N/A Warrant No. 3 - School Crossing N/A Warrant No. 4 - Rural Trunk Highway Junctions N/A Note: All background supporting data for met warrants is included in the Appendix of this report. Signa! Justification Report Page 5 of 5 C 7 ... ` J _ �l [L UO J i . j O W y LU N uj uj V} O LL tb Q 0 n 9� o pobo 2 c , a,n --L C-- L7 CO J 2 LL _ E Z p I W 4 a> W w+ f- D W Z N W J 0 U U. LL a p W 1L ~ b Q x U m N O fA 4 Q r m PC -Warrants Trac Signal Warrant Analvsis, Version .3.04 Warrant Study Data File: BAEAGANILEXWES.WAR; Time of Report: 05/08/1996; 14:33:14 700 Hour Begin 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 o 500 400 Me 200 100 L Warrant Curves 9. Four Hour Warrant (2+ lanes &2 lanes)j —Rural •.•••••.••.•..•••• 11. Peak Hour Warrant (2+ lanes &2 lanes); — Values 200 400 600 800 1000 1200 1400 1600 1800 Major Street - Total of Both Directions (VPH) Ls of 8 -Hour Volume Warrants (Criteria refers to side street values for that hour): Main Side Warrant 1 Warrant 2 Warrants— arrant8(Total) (Total.) Vol. Dir. Rank Meets? Criteria Meets? Criteria Meets? Criteria 0 0 W 13 140 70 112 0 0 W 14 140 70 112 0 0 W 15 140 70 112 0 0 W 16 140 70 112 0 0 w 17 140 70 �« 0 0 W 18 140 70 112 761 229 w 6 --BOTH-- 140 --BOTH-- 70 --BOTH-- 112 1268 423 W 3 --BOTH-- 140 --BOTH-- 70 --BOTH-- 112 619 208 W 8 --BOTH-- 140 SIDE 70 --BOTH-- 112 455 262 W 5 --BOTH-- 140 SIDE 70 SIDE 112 387 162 W 11 SIDE 140 SIDE 70 SIDE 112 533 195 W 9 --BOTH-- 140 SIDE 70 __BOTH-- 112 578 217 W 7 --BOTH-- 140 SIDE 70 --BOTH-- 112 464 141 W 12 --BOTH-- 140 SIDE 70 SIDE 112 602 173 W 10 --BOTH-- 140 SIDE 70 --BOTH-- 112 828 412 W 4 --BOTH-- 140 --BOTH-- 70 --BOTH-- 112 1169 536 W 1 --BOTH-- 140 --BOTH-- 70 --BOTH_- 112 1310 442 E 2 --BOTH-- 140 --BOTH-- 70 --BOTH-- 0 0 W 19 140 70 112 0 0 W 20 140 70 „` 0 0 W 21 140 70 +y2 0 0 W 22 140 70 0 0 W 23 140 70 _+,2 - 0 0 W 24 140 70 ilz Page ? B: MEAGAN LE'.Y1VES. WAR /�/J HCM: SIGNALIZED INTERSECTION SUMMARY Version 2.4c 07-10-1996 Center For Microcomputers In Transportation ----------------- Streets: (E-W) Wescott ----------------------------- -------- (N-S) Lexington Analyst: CSD File Name: WESLX20A.HC9 Area Type: Other 7-3-96 5-6 pm Comment: weslx20a - 20 year forecast - 1.9 multiplier Eastbound ------------- -- Westbound Westbound Northbound Southbound L T R L T R L T R L T R No. Lanes - ---- -------- 1 2< ---- ---- 1 2< ---- --------i---- ---- ---- 1 2< 1 2< volumes 55 400 385 175 390 245 135 490 100 450 1260 =35 Lane Oil (ft) 1 12.0 12.0 X12.0 12.0 12.0 12.0 12.0 12.0 RTOR Vols 100 100 0! 0 Lost Time ----------------------------------------------------------------------- 3.00 3.00 3.00 3.00 3.00 3.0013.00 3.00 3.00,3.00 3.00 3.00 Signal Operations Phase Combination 1 2 3 4 5 6 7 8 EB Left * NB Left Thru * Thru Right * Right Peds * Peds WB Left * SB Left Thru * Thru Right * Right Peds * Peds NB Right EB Right SB Right WB Right Green 10.OA 25.OA Green 8.OA 18.OA 19.OA Yellow/AR 5.0 5.0 ,Yellow/AR 5.0 5.0 5.0 Cycle Length: ----------------------------------------------------------------------- 105 secs Phase combination order: #1 #2 #5 #6 #7 Intersection Performance Summary Lane Group: Adj Sat v/c g/C Approach: Mvmts ----- Cap Flow Ratio Ratio Delay LOS Delay LCS EB L ----------- 202 1770 ----- ----- ----- --- ----- --- 0.287 0.114 27.7 D 29.0 D TR 898 3493 0.843 0.257 29.1 D WB L 202 1770 0.910 0.114 57.3 E 31.5 D TR 919 3574 0.644 0.257 23.5 C NB L 169 1770 0.842 0.095 50.6 E 39.0 D TR 726 3631 0.898 0.200 36.5 D SB L 556 1770 0.852 0.314 30.3 D 36.0 TR 1538 3671 1.002 0.419 37.7 D Intersection Delay = 34.4 sec/veh Intersection LOS = D Lost Time/Cycle, L = 12.0 ----------------------------------------------------------------------- sec Critical v/c(x) = 0.927 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/concem was either provided at the meeting or is being provided in these minutes after further research. 1. 1067 Briar Creek Road 1. 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. '3� 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 turn 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 turn 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 tum 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. 5. 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? 8. 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. '3� 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 / 3Y Neighborhood Information Meeting Minutes June ?4, 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 Ianes 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. '3 9 HE LE "A" 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 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. 6/26/96 Ae_rl � L E "E " 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 r Ub '_b lb: Dr v u i i 'i LUUNTY—wc= _nN �=r-mv. i f-'. uu9 : DAKOTA COUNTY HIGHWAY DEPARTMENT 14956 GALAXIE AVENUC. ono I LOOA september 2, 1994 Aar. Thomas Colbert City of Eagan 3830 Pilot Knob Road Eagan, ISI 55122 MID L HYERB& P.E. COUNTY FN&NEER (812) 891-7100 Fair (RIP)RA1.7127 APPLC VALLEY, MINNESOTA 35124.W79 Re: C.P. 43-14 Proposed signals on C.R. 43 (Lexington Ave.) at Wescott Rd. Dear Tom: We are completing traffic studies for the proposed project currently scheduled for 1995 construction. The studios taken this year [vc:uaad on the turning movements during the peak traffic periods and are used to help determine signal design and operation. It is noted that Wescott Rd. has fairly steady and high trattic volumes and has traffic speeds at 45 mph. The design of Wescott Rd. is a four lane roadway without turn lanes. We have experienced high accident vuuurrences at other similar locations and have reconstructed these roadways to provide left turn lanes. I recommend that this signal project be delayed or incorporated into a project that alao will add left turn lanes on Wescott Rd. If we were to proceed with this project as scheduled, we Would certainly be back in the next 5-6 years reconstructing the intersection and reconstructing the signal. Please conLac;t me if you have any questions or concerns regarding this issue. 3 Sincerely, l Pator L. Sorenson Traffic Engineer PLS/ckj �c«ern NAME 1. 2. INFORMATIONAL MEETING PROJECT 704 - WESCOTT RD/LEXINGTON AVE SIGNAL MONDAY, JUNE 24, 1996 6.��,� 7. 8. 9. 1 I. 16. e�e'e <1 VIA 19. 20. LTSMUS&M %MW ADDRESS cl Gz/�� c✓ [ r'2� C vc. -SE.-2 B R Y tic, O'Cl 131-, G zc�t- 2 d . Lie S Cv 3S/3yJ.0,4Li - �,z4z g- 3 00 WK'S r7 n , I C-1 L 4i3 aa.. _city of eagan TO: FILE FROM: MIKE FOERTSCH, ASSISTANT CITY ENGINEER DATE: AUGUST 1, 1996 SUBJECT: CITY PROJECT NO 704, WESCOTT RD & LEXINGTON AVE INFORMATIONAL MEETING MEMO On Tuesday, July 23, 1996 at 6:30 p.m., in the first floor Conference Rooms of City Hall, staff hosted an informational meeting regarding Wescott Road and Lexington Avenue roadway improvements and intersection signalization. Mike Foertsch represented City staff and Tom Sohrweide of Short -Elliott -Hendrickson, the City's consulting engineer on the project, provided a presentation on the proposed improvements. Attached is a listing of those property owners in attendance at the informational meeting as well as a site plan showing their property in relation to the proposed improvements. After a brief description of the changes in the roadway design from the information presented at the previous informational meeting held on June 24,1996, to what is currently being proposed, Tom Sohrweide provided an explanation of the details associated with the reduction of the widening from 12' to 6'. After Tom's presentation, the residents in attendance had the following concerns: Residents did not support the signalization of the Wescott Road/Lexington Avenue intersection for the following reasons: o The green light cycle associated with this signal will promote higher roadway speeds through the intersection. o The signal installation will facilitate traffic movement and therefore increase the number of cars which will use Wescott and Lexington Avenue. o Feel there is no benefit from the signalization for pedestrians because currently a stop condition provides for a break in the traffic for the pedestrians to cross whereas in a green light situation, the traffic is not required to stop which would create a more hazardous situation for pedestrians to cross the intersection. o Concern with the timing of this signal such that Wescott Road would not receive adequate green time. o The stacking of the traffic on Wescott Road would block access to the residential properties located in the northeast quadrant of the intersection. o Why provide left -turn lanes when no one at the intersection turns left? Pagel of 3 l o Questioned the validity of the warrants and the traffic projections for the intersection because Wescott Road basically is a dead-end road. o Stacking at intersection will prohibit Westbury Addition residents from entering Wescott Road. Residents questioned the validity of the 3% annual growth in background traffic throughout the County. Response: Historical traffic growth information from the County indicates an average County -wide background traffic growth of approximately 3%. Can delay be added to the signal to reduce the amount and speed of the through traffic? Response: Signal systems are designed to facilitate traffic movement through an intersection through the orderly assignment of right-of-way to the intersection users. Adding delay to the efficiency of the intersection would defeat the purpose of providing a traffic signal. Has the County varied from staffs position of requiring designated left -turn lanes along Wescott Road? Response: Due to the current speed limits on Wescott Road, a designated left -turn lane is required for efficient and safe operation of the signal at this location. The standards are published standards in the Minnesota Manual On Uniform Traffic Control Devices. The County staff s position is that without designated left -turn lanes on Wescott Road, they will not participate in the funding of a signal at this location. Can we lower the speed limit on Lexington Avenue and Wescott Road? Response: Speed limits are established by MnDOT through a speed study. The County or the City do not have jurisdiction on establishing speed limits on roadways within the community. What does it take to lower the speed limit on Wescott and Lexington Avenue? Response: Requests for changes in speed limits on streets within a community are made to MnDOT and MnDOT performs a speed study analysis and recommends a posted speed limit for the roadway. At this point, staff has not requested MnDOT to do a speed study to lower the speed limits on Lexington avenue and Wescott Road. Providing a traffic signal at this location will compromise the sight distance restriction at Westbury Lane and Wescott Road. Response: Representatives of City staff have checked the sight distance at the intersection of Westbury Drive and Wescott Road and found the sight distance to meet the minimum as required for a 45 MPH speed limit. Since the people are traveling faster than 45 MPH, what does that do to the sight distance? Response: Speeds in excess of 45 MPH compromise the sight distance available for Westbury Drive users entering Wescott Road. Residents were concerned with the amount of time notification available to them to adequately review and provide a response to the City Council regarding the intersection improvements. Response: Intersection improvements to Wescott Road and Lexington Avenue are identified in the current City's 1996-2000 CIP. This CIP was adopted Page 2 of 3 J late in 1995 for consideration of improvements in or during the 1996 construction season. Each individual project identified in the current CIP requires specific Council action authorizing City staff to spend funds for the preparation of a preliminary engineering feasibility report. Typically, the time frame between Council authorization of preparation of a preliminary feasibility report and staff having adequate time to compile information to present to a neighborhood group is typically 1 - 6 months and sometimes even longer. In this case, the report preparation was authorized in February of this year, the first informational meeting with the neighbors was held on June 24, a report revised based on the informational meeting and presented to the City Council for consideration of scheduling a public hearing on July 2, the second informational meeting on the proposed improvements held on July 23, and the public hearing before the City Council on August 6, 1996. • What is the easement acquisition process and what if a property owner is not cooperative in providing the necessary easements for the improvement? Response: In the preliminary feasibility report stage of the improvements, representatives of City staff estimate the amount of easement necessary to construct the facilities. After the project is approved by Council action, the detailed plan and specification preparation process begins and the extent of permanent and temporary easement requirements are identified in more detail. At this point, easement descriptions are prepared and the affected property owners are contacted for City acquisition of the necessary easements. In the event that a mutually agreeable acquisition is not obtained between the City and the property owner, the City has the option of using eminent domain to acquire the necessary easements for the improvement. The eminent domain process requires specific Council action. The City, without exception, attempts to acquire easements without the use of the eminent domain process. City staff responded by explaining the steps of the eminent domain process and the rights which are retained by the property owners. • Margaret Tilley, of 1055 Wescott Road, requested that 25 copies of the information prepared for the City Council packet be made available to the residents prior to the public hearing. Response: 25 copies of the packet information presented to the City Council would be available for pick-up after 12 Noon on August 2, 1996. The meeting adjourned at approximately 8:45 p.m. �Assistant City Engineer MPF/jj Enclosure: Sign-up Sheet Location of Property Owners Page 3 of 3 �� INFORMATIONAL MEETING PROJECT 704 - WESCOTT RD/LEXINGTON AVE ROADWAY IMPROVEMENTS & INTERSECTION SIGNALIZATION TUESDAY, JULY 23, 1996 NAME I. 2. 3. 4. -ii''/)P, 11 6. 1 rrl' 7. 8. d.�b i�rn d e rser• 9. 10. f'2)p 'r ` \- 12.E\�irc�cLr_� 14. 16. 17. 18. 19. 20. ADDRESS Ll-�1� 1 � , G 1 7�L'1t4 r' i^P F e -i 7 rL u i S, c 77- f i 4.. ; lq7 ro C roro 17 -a 0 CL CL ro Z Z LLJ 02 LLJ _Zo J �c G d - z C LLJ co Ucu Y m o a � li3o }I i ' I U 1 0992E -—a Dr [iii 4_ l c it isi:•}::• :::::.::.::::.::::.......................>::-::->::::•::•:: 1. - .eo all Rl �' �.•: I! - nl 17 LLI : i : r :; ;;:i :: ::i':':.i i i. i.i.:.:.:... _ xx. w y :x we x �i � x. I.� Ixi.eo• �xx .e O ji' kyr I : '::'::: •':: ........... _w el I• :• a a W I a Z • '7 u - I xl.�r Z 0 I• i- r 0 I. s mLU i x eP r I LLI – x7.er LLJ 2 . uj } I'WIN lei �w:.:.': �^ I Vii;:;>?2'!'>ri • LL • 3 Iw w •. Q'''I _ {�''14�Y'r..r ec W H .00a -10 Z (> %' :[[+�]r�:�i-' •J�..o- -ser Is.o,' ❑ .............:90M LLI U '- i\ of '�s�� /� :.;;:.;: �'::.:};;:?; ; •.�.:� r: :Y: . :;.} X70;00' ��./,�^i '• ° � Z 0 _ �1 M1 :1''':'�..: - �.� co Z O •�^•-�_-� 3AV NOlJNIX3-1T _ _! Li LL +w a• 1 a-- i .500' 1500' ; 1500' i 0 el.00' a W' I s Z Q z i i LLJ I I I 1 I w W � � r -•i I ,]IN W-1 lar s Ig � I z x�]• �. W '9 LnLu =- ,75.mr neo �c`V... e5.9o' ( s� .� 7 �r_Iafr_.I_ee,00•_� el,m• � r ro C roro 17 -a 0 CL CL ro Z Z LLJ 02 LLJ _Zo J �c G d - z C LLJ co Ucu Y m o a � li3o }I i ' I U 1 0992E Agenda Information Memo August 6, 1996 OLD BUSINESS A. WESTON HILLS DRIVE - WALKWAY ACTION FOR COUNCIL CONSIDERATION: To approve/deny an onstreet walkway for Weston Hills Drive from Red Pine Lane to Cliff Road. FACTS: • On March 18, City staff received a petition requesting the installation of a City financed sidewalk along Weston Hills Drive from Red Pine Lane to Cliff Road. Staff evaluated this petition and determined that only a portion of this petitioned request (Red Pine Lane to S. Stratford Lane) could meet the goals and objectives of the City's Trailway Systems Plan necessary for City funding. • On July 3, a letter was sent to the Weston Hills and Pines Edge neighborhoods informing them that the sidewalk installation between S. Stratford Lane and Cliff Road would be a local improvement and would have to be financed entirely by special assessments. • At the July 19 Council meeting, the City Council did not concur with staffs interpretation of the City's Trailway Systems Plan and determined that all of the petitioned sidewalk improvements (including Red Pine Lane to S. Stratford Lane) would be a fully assessable local improvement. • The City Council then scheduled for August 6 further discussion regarding an optional onstreet trailway along the entire west side of Weston Hills Drive from Red Pine Lane to Cliff Road with related No Parking signs. • On July 18, a letter was sent to 56 property owners with frontage adjacent to Weston Hills Drive informing them of this pending discussion. ISSUES: • 46 properties signed the March petition requesting City financed sidewalks in the Weston Hills subdivision. In addition, one of the petitioners followed up with an individual letter of support. The City also documented 5 letters and 7 phone calls from property owners in opposition to the proposed petition improvement. • In response to the City Council alternative proposal for an onstreet trailway, the City has received 2 letters and 1 phone call all in opposition to that proposal. ATTACHMENTS: • Onstreet walkway notification letter and map, ages rV through �Z-- • Onstreet trailway communications, pages through • Memo from City Attorney's office, page Zf&. /�9 city vF cagan As you may be aware, a recent petition was submitted to the City Council requesting the installation of a sidewalk along Weston Hills Drive from Red Pine Lane to Cliff Road. At a Cow^cil meeting on July 16. the City Council determined that no portion of this sidewalk/trailway request qualified for City funding. Therefore, any offstreet sidewalk/traiiway installation would have to be 100% financed through special assessments to benefitted property owners. The City Council directed the City Attorney's Office to research which property owners would be benefitted by such a special assessment improvement project. At that meeting and through various telephone tails and letters, the City Council has received numerous objections to and support for such a public improvement. While trying to accommodate the concerns of the residents and respecting the impact an offstreet sidewalk would have on adjacent property owners, the City Council would like to consider an option of providing for an onstreet walkway approximately 4-5' wide delineated by a solid white linear painted stripe 4-6" wide along the entire west curb line of Weston Hills Drive from Cliff Road to Red Pine Lane. This designated walkway would be further preserved through the posting of No Parking signs along this entire stretch. With the annual odd -even winter parking restrictions (November 15 - April 15), this would result in no onstreet parking being allowed every other day. The City Council will be considering this option at its regular City Council meeting of August 6, 1996, sometime after 7:00 p.m. under Old Business of the Council agenda. If you have any comments or concerns regarding this proposal, please feel free to attend the meeting and express your position or submit a letter to that effect to my attention no later than July 31 so that it can be forwarded to the City Council as a part of their agenda packet. I'm sure many of you can appreciate the difficulty in trying to address the needs and concerns of all residents in this development. Your input will be very helpful to the City Council in this decision making process. Sincerel} , Thomas A. Colbert, P.E. Director of Public Works TAC/jj MUNICIPAL CENTER 3830 PILOT KNOB ROAD EAGAN. MINNESOTA 55122.1897 PHONE: (612) 681.4600 FAX: (612) 681.4612 TDD: (61 '1) 454-8535 cc: Mayor & City Council c/o Tom Hedges, City Administrator Mike roertsch, Assistant City Engineer Arnie Erhart, Superintendent of Streets/Equipment THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/gffirma vvejAction Employer 5V MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN, MINNESOTA 55'22 PHONE. (612, 681.4300 FAX: (612) 681-4360 TDD ;612) 454.8535 THOMAS EGAN Mayor PATRICIA AWADA July 18, 1996 SHAWN HUNTER SANDRA A MASIN THEODORE WACHTER Council Memoers THOMAS HEDGES Re: Weston Hills Drive - Sidewalk/Trailway Request City Administrator E. J. VAN OVERBEKE Dear Property Owner: City Clerk As you may be aware, a recent petition was submitted to the City Council requesting the installation of a sidewalk along Weston Hills Drive from Red Pine Lane to Cliff Road. At a Cow^cil meeting on July 16. the City Council determined that no portion of this sidewalk/trailway request qualified for City funding. Therefore, any offstreet sidewalk/traiiway installation would have to be 100% financed through special assessments to benefitted property owners. The City Council directed the City Attorney's Office to research which property owners would be benefitted by such a special assessment improvement project. At that meeting and through various telephone tails and letters, the City Council has received numerous objections to and support for such a public improvement. While trying to accommodate the concerns of the residents and respecting the impact an offstreet sidewalk would have on adjacent property owners, the City Council would like to consider an option of providing for an onstreet walkway approximately 4-5' wide delineated by a solid white linear painted stripe 4-6" wide along the entire west curb line of Weston Hills Drive from Cliff Road to Red Pine Lane. This designated walkway would be further preserved through the posting of No Parking signs along this entire stretch. With the annual odd -even winter parking restrictions (November 15 - April 15), this would result in no onstreet parking being allowed every other day. The City Council will be considering this option at its regular City Council meeting of August 6, 1996, sometime after 7:00 p.m. under Old Business of the Council agenda. If you have any comments or concerns regarding this proposal, please feel free to attend the meeting and express your position or submit a letter to that effect to my attention no later than July 31 so that it can be forwarded to the City Council as a part of their agenda packet. I'm sure many of you can appreciate the difficulty in trying to address the needs and concerns of all residents in this development. Your input will be very helpful to the City Council in this decision making process. Sincerel} , Thomas A. Colbert, P.E. Director of Public Works TAC/jj MUNICIPAL CENTER 3830 PILOT KNOB ROAD EAGAN. MINNESOTA 55122.1897 PHONE: (612) 681.4600 FAX: (612) 681.4612 TDD: (61 '1) 454-8535 cc: Mayor & City Council c/o Tom Hedges, City Administrator Mike roertsch, Assistant City Engineer Arnie Erhart, Superintendent of Streets/Equipment THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/gffirma vvejAction Employer 5V MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN, MINNESOTA 55'22 PHONE. (612, 681.4300 FAX: (612) 681-4360 TDD ;612) 454.8535 i •� C/ 142.0' OI r• 8 / 3 Oi ,•qr' ]D 1700' •/ pw •p: r � g07 � 2 m 2 J 7�, 0r R• 29 \ t J v ,6 7 ! y =<v Imo\ 2e \ / 49 �, ••J `\•7f.7 v p '�� 26 S' may' r� 0• C r �. ``f Z7 � 63.3\I-. I� C 9. t a � 142.0- 24 a2.0' 99.0' y � 1 n WESTON HILLS > 7 F. m c 2} A ?LACE 50.C' i Be.o' c ta2.0 p m _ 12 e a 1c.o�`• v2.C' 125.0" I ;44 9, 19.. 17 Lt 6 i '+ — wt IG �i 11t 7. sl ,7 i10-7� C21-75 9 9 m S 7:5--15 522.'5 Im t 'O I 1 1 a •' _ T � A y � r1 ='6176 1 I v 7'd_;e Si �Iic is I d2 ,. mi I '27.^4• I 1 I i I� Idd cpl •42.95 1 i^ _,_ =6,36 .a - _ WE 9 t 6.0 C.S.A.H. NO. 32 asrK 40.:2 1 :)AK- :•. 90. M1W YAP 40. 3 ,ffJrf 91." f a5.:8' a. �• 9p 6� A S � °_1 _A0 — _ ,7 55,3' '0 gip. 0 2` -I p _ 9 'N' a {/^ r 26 - T JJJ c\ 3A.1' .�j 2• 1 • ]' 1 p j � y1 27 d � " '� /• A y F8 6 STRATFOR[ IA 1 s�- JUL-30-96 TUE 08:57 ?LARRY SMITH A. (3ot 662r SARs 6126867267 P.O1 -17o R qfo. .T A rr� �,utZR�rr C -x Pm &-J d& C -N ot.(� q -4tre{ e w v�o C,LBE R- ^Do -PIA &a� s w I-rj�- A-r-�0 CluD uP Lr er'J i ► a j 4,i -e &k,& s rje%S W .¢ ve wE C> P�o�-►-nark . R-95% V jotA { 14 5 o f� Pt f�E SIA s 6126867267 X307-30-96 09:02AM P001 949 FCEC dpi' i U L 3 �9 aIft July 31, 1996 Mr. Thomas Colbert Director of Public Works City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Colbert I received vour letter regarding the Weston Hills Drive - sidewalk/trailway request. I am unable to attend the upcoming City Council meeting due to a work schedule shift but I would like to express my opposition to the proposed onsaeetvaNwayfl My primary objection is the parking restrictions, especially the resulting every other day restriction for five months a year. I do not feel that the pedestrian situation currently warrants this action, or at the very least, lifting the every other day restriction. At this time, my recommendation is for no City action. I am disappointed in the City's development approval process. The Weston Hills development area is three years old which is much too recent for "a problem" because adequate walkways or street width was not addressed when the development plans were approved. At an Advisory Planning Commission meeting in April 1995 regarding a land change designation in an adjacent area, I voiced an opinion that I felt the change would result in an appreciable increase in traffic. Mr. Miller, although thanking me for my input, responded in no uncertain terms that traffic in this area "is not a problem." I would appreciate more foresight in the future, especially in regard to any future developments in the adjacent Inver Grove Heights properties Sincerely, Chuck & Irene Warnert 4724 Weston Hills Drive Eagan, MN 55123 /Y-� NAME: ADDRESS: PHONE #: PROJ #: ISSUE: ACTION RE FOR YOUR INFORNIATION P- ,11rA+" . a�1���1�1 --4 -11 Date: C;A6 TAKEN BY: 4 Se=�-5O1 0 6 -ler -r, o N cc: 7A/ -r4�( , r L7&"ffnm REFERRED TO: ' w t-, I1,n SENT bi : 8- 1-36 : y 9:213 SEVERSON SHELDON— 681 4694:= 2/ 22 70: TOM COLBERT, CITY ENGINEER MEMORANDUMFrom: CITY ATTORNEY'S OFFICE Subject SIDEWALKS Date: August 1, 1996 Under Minn. Stat. §429.031, 4/5 of the City Council must vote for a public improvement. However, a majority of the council may order the improvement if 35% of the affected property owners petition the City requesting the improvement. Whether the 35% referred to in the statute for petitioning for improvements was for the amount of property in question or the number of property owners was researched. Under Minn. Stat. §429.031, Subd. 1, a resolution ordering the improvement may be adopted by a vote of a majority of all members of the council when the improvement has been petitioned for by owners of not less than 35% in frontage of the real property abutting the streets named in the petition as the location of the improvement. Thus, tinder the statutes, the petitioners must comprise not less than 35°"o ownership of the property abutting the street on which the sidewalk is to be installed., The second question is regarding the manner in which the property owners are to be assessed and the apportionment of the assessment. Under Minn. Stat. §429.051, the cost of any improvement, or any pan thereof, may be assessed upon property benefited by the improvement whether or not the property abuts on the improvement. Under Minn. Stat. §435.4+, Sidewalk Imptgvement Districts. any municipality may pass an ordinance to establish sidewalk improvement districts and apportion the district's cost for sidewalk construction to all of the parcels located in the district on a direct or indirect benefit basis. Under Subd. 3 of that statute, the total cost of the sidewalk district improvements may be apportioned and assessed to all parcels or tracts of lands located in the district on a uniform basis as to each classification of real estate. An indirect district benefit assessment may involve all parcels or tracts o land located in the district without regard to the location of the sidewalks, as it is deemed that all parcels of land within the district benefit equally. Thus, whether the City chooses to create a sidewalk improvement district or it assesses the property in the normal fashion, the assessment may be applied to owners ol'property not directly connected with the improvement. cc: Tom Hedges, City Administrator ■ Agenda Information Memo July 30, 1996 - Eagan City Council Meeting PLANNEDA. DEVELOPMENT Au ►luENT - CEDAR CLIFF COMMERCIAL PARK ADDITION ACTION TO BE CONSIDERED: ► To approve or deny a Planned Development Amendment to allow the relocation of an existing sign band at the Cedar Cliff Shopping Center located Lot 1 Block 2, Cedar Cliff Commercial Park Addition subject to the one condition recommended by the Advisory Planning Commission. FACTS: ► The applicant believes the current location of the sign band under the canopy- overhang provides limited visibility of the tenants signs. Three tenants of the shopping center had obtained sign permits from the City and have installed their signs above the existing sign band originally approved as part of the Cedar Cliff Planned Development. The City informed the owners of the shopping center that the relocation of the sign band would require a Planned Development Amendment. ► The tenants of the shopping center have requested the existing sign band located belo"v the canopy overhang be relocated to the front face of the canopy. The applicant is proposing that all tenants of the center relocate their signs onto the existing canopy face within one year. BACKGROUND/ ATTACHMENTS: (2) APC minutes of July 23, 1996, pages tl w-sh Staff Report, pages through Page July 23. 1996 ADVISORY PLANNING CONMSSION PLANNED DEVELOPMENT AMENDMENT SCHAFERICHARDSON INC. Chairman Miller opened the next public hearing of the evening regarding a Planned Development Amendment to allow the existing sign band to be located onto the surface of the canopy facia for property legally described as Cedar Cliff Commercial Park Addition located on the NE corner of Cliff Road and Nicols Road in the SE'/4 of Section 30. Associate Planner Steve Dorgan introduced this item. Mr. Dorgan highlighted the information presented in the City staffs planning report dated July 8, 1996. Mr. Dorgan noted the background and history, the surrounding uses and the existing conditions of the subject property. The applicant was present and concurred with the staff report and conditions. Member Segal moved, Member Isberg seconded, a motion to recommend approval of a Planned Development Amendment to allow the existing sign band to be located onto the surface of the canopy facia for property legally described as Cedar Cliff Commercial Park Addition located on the NE corner of Cliff Road and Nicols Road in the SE'/4 of Section 30, subject to the following condition: All tenant signs must be relocated to the approved sign band by August 15, 1997. All approved in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: July 8, 1996 APPLICANT: Schaferichardson Inc. PROPERTY OWNER: Federal Land Co. REQUEST: Planned Development Amendment LOCATION: 2149 - 3113 Cliff Road CASE #: 30-RZ-9-4-96 HEARING DATE: July 23, 1996 PREPARED BY: Steve Dorgan COMPREHENSIVE PLAN: Neighborhood Business (NB) ZONING: Planned Development (PD) Schaferichardson Inc. is requesting approval of a Planned Development Amendment to relocate the existing sign band at the Cedar Cliff Shopping Center located at Lot 1, Block 2, Cedar Cliff Commercial Park Addition, located north of Cliff Road and east of Nicols Road in the southeast 1/4 of Section 30. BACKGROUND The Cedar Cliff Shopping Center was built in 1985 and consists of 37,900 SF of retail space on 4.6 acres. The Center is part of the Cedar Cliff Planned Development, which was created in 1980 and provided a mixture of commercial and residential uses on 73.4 acres. The center has recently been experiencing some turnover of their tenants. Caribou Coffee and Broadway Pizza, both new tenants of the center, have recently applied for and received a sign permit from the City for a building sign to be placed in the front of the shopping center. The signs were installed above the location of the existing sign band originally approved as part of the Cedar Cliff Planned Development. The applicant was informed that a Planned Development Amendment would be required for the relocation of the sign band. The original Planned Development Agreement was not specific to the type of signs allowed at the center and the applicant has not proposed any specifications be included with the Planned Development Amendment. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Office; zoned Planned Development (PD) and guided Limited Business (LB) South - Pizza Hut, Doolittles Cafe and KLXX Radio; zoned Neighborhood Business and guided Limited Business (LB) /S-7 Planning Report - Cedar Cliff PD Amendment July 23, 1996 Page 2 East - Cedar Cliff Commercial Park; zoned Planned Development and guided Limited Business (LB) West - Holiday Gas Station and McDonalds; zoned and guided Commercial Shopping Center (CSC) EXISTING CONDITIONS Except for Caribou Coffee and Broadway Pizza, all of the tenant identification signage is on the sign band located beneath the canopy overhang. According to the applicant, the existing signs mounted on the original sign band are hidden by the eight foot canopy overhang and have limited visibility. All current tenants have requested that the sign band by relocated to the face of the canopy to improve sign visibility. EVALUATION OF REQUEST The applicant is proposing that all tenants in the center relocate their signs onto the existing canopy face. The applicant is requesting that the tenants of the center be given one year for the relocation of their signs to avoid economic hardship and to achieve uniformity in a timely manner. Due to the existing location of the sign band under the canopy overhang, visibility of the tenant's signs are limited. By moving the sign band onto the canopy face, sign visibility should be improved for the businesses of the center. Relocation of the sign band should have no effect on the surrounding uses. SUMMARY CONCLUSION The Cedar Cliff shopping center was built in 1985 as part of the Cedar Cliff Planned Development. At that time, the location of the existing sign band was approved as part of the planned development agreement. The applicant is requesting the existing sign band be relocated from beneath the canopy overhang to the canopy face. The current location of the existing sign band provides limited visibility. Relocation of the sign band should provide improved visibility of tenant signage. 1_ 1 Recommend approval/denial of a Planned Development Amendment to allow the relocation of an existing sign band to the fascia of the existing canopy at the Cedar Cliff Shopping Center located at Lot 1, Block 2, Cedar Cliff Commercial Park Addition subject to the following conditions: All tenant signs must be relocated to the approved sign band by August 15, 1996. /�O CARNEI-Al- rue^ :J ZARK 5 Z. C'" cz :)AR;. S:cr6 _F4RK ZUT� C65 41:1 9 �AG E R Z ; sirl RIVER FUSE F;, cr :Ah"WASBAC-1 MARK CSAP RIDGE: e DOWLA Of S-ALr _IA ��n - PARK 2. MCMAM M' 2.xx- c*1z' Al! — 46 C ��C *At E MCNI NAPER -14 T RAHN jg - PARK 7 Zc 2: •--L:F'- :_CAC ;A -N, 4OK" 40paa X KAP­ NANC'r .11C sENj" KE77 L 40 �ARK,", Z; % ICE L�j . I - OAK ALAXI, V WA cc I VreupqLfLd•� .............. SLA7ER ACRES: 41; WiNm V 33\ 25 WINGS ac I acc AmES RIDGECLF-C QAi `rpt , " ::VWC. ON SL",c SALN ANK -T. 3. I.JHD 91 7�- WAACtM Z'. ANA 4- OT 5- 40MES7EAD 0-. E-5 N� B.- :SAG-, 7.- SNOweEL. 0'. !a.- _57A B.- HIDDEN PT, - CRENADA --. 2C. : - S7A7AE`Nv ........... _X. :.- AJ_ 10- MARKHAM 0' THRUSH PT '/47 .s7Ar t' \x LOCATION i r fw7 _i- 5....... - _ . •u' 3 � •ESS ;�i"�:: :' " i r fw7 I t t T CP3 2 L: L W C yrs f� r I i . 1 I I i Al I I I I I I I I f I i I 1 I I I Wo P. D. AMENDMENT CEDAR CLIFF SHOPPLNG CENTER 2113 - 2149 CLIFF ROAD EAGAN, MN 55122 JUNE 19, 1996 NARRATIVE DESCRYING THE PROPOSAL Our proposal is to require the tenants of Cedar Cliff Shopping Center to relocate their signs onto the canopy fascia. The existing signs mounted on the original sign band are hidden by the eight foot canopy overhang and are not very visible. Shadows cast by the canopy and the lack of height contribute to this condition. As part of the sign relocation, we will also require the tenants to mount the letters on raceways, and to comply with all of the new code requirements which were not in effect when the center was built in 1985, and to comply with the original sign criteria for the shopping center when it was constructed (see attached). This will allow the tenants better access for repair and maintenance and will ensure that all neon letters will be U.L. rated. In addition, the existing metal sign band panels will be replaced as necessary. Those tenants new to the center since SCHAFERICHARDSON INC took over leasing and management (Caribou Coffee. Brueggers and Broadway Pizza) have all asked that their signs be higher on the canopy fascia. Greater visibility is a key factor in determining their success as businesses, all of which actively sought space in this center. Existing tenants who have renewed their leases have also agreed that the higher location is better for their businesses. Tenants currently negotiating new leases are asking that their signs be installed on the higher canopy fascia. Because the cost of relocating the signs is to be paid by the tenant, we have suggested to those existing tenants whose leases are not up for renewal that their signs could be moved up within the nest year. Obviously, we wish to maintain an attractive, uniform appearance with the signs on the new sign band area. but we would also like to avoid economic hardships for our tenants. The existing land use on the property is a retail shopping center and this use would not change. Surrounding land uses include fast food, service station, strip retail center, office, day care. banking, and a vacant lot. It appears that the tenant signs at Cedar Cliff Shopping Center are significantly lower and more hidden than those of the surrounding businesses. EXHIBIT C f (� c-0 P. D. AMENDv1ENT CEDAR CLIFF SHOPPING CENTER 2113 - 2149 CLIFF ROAD EAGAlr, .VIN 55122 JUNE 19, 1996 NARRATIVE ADDRESSING PERTINENT QUESTIONS Because of the concentration of retail uses facing Cedar Cliff' Shopping Center, we believe our proposal will have no effect on surrounding properties. Our proposal is only for signs on the south (front) facade and the west (side) facade, both of which face fast food, restaurant and service station uses and pylon signs. This proposal will improve sign visibility for all of the businesses in the center and will allow us to update the electrical work done in 1985. This proposal has no effect on city services or on any of the site infrastructure. The proposed amendment does not affect the land use or the zoning of the land. The amendment does, however, make better use of the inherent design features of the center facade and provides better visibility for both existing and new tenants in Cedar Cliff Shopping Center. l�� +cSFZ'7-) —71 Gn.J rE-z , _ SIGti CRITERI_a CEDAR CLIFF SHOPPING CENTER Lessee agrees to be bound by and comply with the sign criteria as follows: 1. EXTERIOR SIGNAGE: A. Lessee's signs shall be office or store identity signs only with restricted copy to designate the Lessee's name. product or service. B. Each Lessee will be allocated an area on the exterior sign band on the building. The exterior sign band is three feet in height. C. Sign size and placement will be restricted to the canopy sign band. The beginning and end of Lessee's sign shall not be nearer than twenty-four inches to outside edges of the Lessee's allocated sign area. as determined by Lessor as per Exhibit G. All signs shall contain individual letters mounted on a metal raceway. All signs shall be lighted, and all transformers will be installed inside the Lessee's sign raceway. Lessee's sign shall be restricted to a maximum 24" letter. All exterior signs shall be located within the designated signing area. Any drilling or boring to be done through the exterior wall of the building shall be performed in accordance with all architecturally accepted methods and every precaution shall be taken to assure that these areas are sufficiently waterproofed. All illuminated sign letters shall be channel type construction ✓" deep with plastic faces attached within 3/<" trim cap. All illuminated sign letters must be neon powered by 60 M.A. transformers. clear plastic face is required. Color of letter returns and raceway shall be approved by Lessor. D. Lessee shall be required to identify its Leased Premises with an exterior sign. E. The use of predominately decorative sculpture. coat of arms. shields or other such logos requires special approval by Lessor. F. Lessor expressly reserves the right to deviate from this sign criteria when dealing with other tenants. 2. PROHIBITED SIGNS: The following types of signs or sign components shall be PROHIBITED A. Signs employing exposes ballast boxes or transformers. B. Moving or rotating signs. C. Signs employing moving or flashing lights. D. Signs. letters. symbols or identification of any nature painted directly on the surface of the exterior to the LeasedJ?renises. -� � J '-�" EXHIBIT D E. Signs employing unedged or uncapped plastic letters or letters with no returns or exposed fastenings. F. Cloth, wood, paper or cardboard signs, stickers, decals or painted signs around or on exterior surfaces (doors and/or windows) of the Leased Premises. G. Free-standing signs. H. Rooftop signs. I. Signs employing noise -making devices or components. I Signs exhibiting the names, stamps or decals of the sign manufacturer or installer. K Signs prohibited by City ordinances. 3. SIGN APPROVALS: Procedure for obtaining Lessor's approval of sign drawings: A. Lessee shall submit 3 sets of drawings and specifications to Lessor for all its proposed sign work. B. The drawings shall clearly show location of sign onto fascia of building; graphics. color and construction and attachment details. C. The Lessor shall return one set of the sign drawings to Lessee, marked "Approved". "Approved as Noted". or 'disapproved". Sign drawings that have been "Approved as Noted". are to be returned to Lessor bearing Lessee's approval or are to be redesigned and resubmitted for Lessor's approval within seven (7) days of receipt by Lessee. In no event shall erection of any sign take place without the written approval of Lessor. Sign drawings that have been disapproved are to be redesigned and resubmitted to Lessor for approval, also within seven (7) days of receipt by Lessee. After the sign has been approved by Landlord. Lessee shall also acquire the approval of the city in which the building is located prior to erecting said sign if said approval is required or requested by said city. Tenant is responsible for receiving and paying for all fees associated with the installation of this sign. including all Permits. D. Approval of store design drawings or working drawings and specifications for Lessee's Leased Premises does not constitute approval of any sign work. 4. GENE&-kL LESSEE REQUIREMENTS: A. The furnishing and installation of signage and all expense incurred shall be the sole responsibility of Lessee. B. Sign construction is to be completed according to the instructions contained within this criteria. C. All exterior signage installations must be performed utilizing mechanical platforms on the outside of the building. No ladders may be used in connection with said installation. D. A representative of Lessor must be present prior to the installation of any exterior signage in order to supervise same. I (� 7 I Agenda Information Memo August 6, 1996 Eagan City Council Meeting B. COMPREHENSIVE GUIDE PLAN AMENDMENT - WOODCREST CHURCH ACTION TO BE CONSIDERED: ► To approve or deny a Comprehensive Guide Plan Amendment from D-1 (Single Family 0-3 units/acre) to PF (Public Facility) to allow construction of a church on approximately 12 acres located at the northeast corner of TH 3 and Cliff Road in the SE quarter of Section 25. FACTS: ► Woodcrest Church is proposing to construct a church that will be built in stages, with the first phase consisting of about 10,000 s.f. Ultimately, the church would be about 50,000 s.f. with a seating capacity of 500. The conceptual site plan indicates 72parking spaces with 72 future spaces for a total of 144 spaces which meets code requirements. ► This property was zoned Agricultural until 1990 when the zoning was changed to R-1 (single family). At the same time. the comprehensive guide plan was amended from D -II (0-6 units/acre) to D-1 (0-3 units/acre) to accommodate a single family subdivision proposal that was never implemented. ► The City of Inver Grove Heights is currently reviewing a single family development proposal for 200 acres adjacent to this site that would require utility service provided by Eagan. Inver Grove Heights has approached the City of Eagan with regard to a joint powers agreement to extend sanitary sewer and water to service that development. Discussion on a joint powers agreement is ongoing, however, if an agreement is approved, the sanitary sewer and water extension to Inver Grove Heights will run through the church site and will need to be sized to accommodate anticipated demand from the single family development. ► The 1.14 acre parcel abutting this site to the south east is owned by Dakota County and is not part of this request. However, the applicant has expressed an interest in obtaining the parcel. The parcel is guided D-1, therefore it would need to be reguided to PF to allow church uses. If the applicant obtains the parcel, the entrance to the church would likely be shifted east to line up with Weston Hills Drive. ► The proposed PF (public facilities) land use designation should not have any negative impacts on the environment, infrastructure, school system or park system. The impact on ,he overall supply and balance of D-1 and PF land in the city should be minimal. BACKGROUND/ATTACHNIENTS ► APC minutes of July 23, 1996, page ► Staff report, pages �oZthrough. l70 Page 6 July 23. 1996 ?ADVISORY PLANNING CONMSSION COMPREHENSIVE GUIDE PLAN AMENDMENT WOODCREST CHURCH Chairman Miller opened the next public hearing of the evening regarding a Comprehensive Guide Plan Amendment changing the land use of 12.0 acres from D-1 Singly Family (0-3 units/acre) to PF Public Facility, Quasi -Public located on the NE corner of Highway 3 and Cliff Road in the SE'/4 of Section 25. Chairman Miller noted a City Councilmember contacted him regarding a request by Inver Grove Heights to extend utilities from Eagan to service a residential proposal currently under consideration just to the east of this property. The Councilmember noted that Eagan has not agreed to the request at this time. However, if utilities are extended, they will go through this 12 -acre site and will need to be sized to accommodate anticipated demand. Planner Farnham introduced this item. Ms. Farnham highlighted the information presented in the City staffs planning report dated July 17, 1996. Ms. Farnham noted the existing conditions. the surrounding uses and the background and history of this item. together with the environmental impacts. Planner Farnham also addressed the traffic impacts created by the applicant's proposal and noted that the traffic impact would be less than single-family housing on all days except for Sunday. Planner Farnham further addressed the issue of the water main and water supply and noted that extension of sewer and water to Inver Grove Heights is currently being discussed by the City Council. A Joint Powers Agreement between Eagan and Inver Grove Heights would be required if the Council decides to extend the utilities. The applicant was present and represented by Pastor Jerry Shomar who indicated that Woodcrest Church is a new church approximately four years old and welcomes the opportunity to become a part of the Eagan community. Member Segal questioned whether water and sewer service to the subject property would need to go through the church property to serve other properties. City staff indicated that water currently serves the site. Chairman Miller reiterated City Council's concerns regarding a potential Joint Powers Agreement with Inver Grove Heights but noted that that specific issue was not part of the land use issue presently before the Commission. Member Isberg commented that a potential zoning change may be required in the future and Member Heyl noted that the proposed use appears compatible with the surrounding area. Member Heyl moved, Member Isberg seconded, a motion to recommend approval of a Comprehensive Guide Plan Amendment changing the land use of 12.0 acres from D- 1 Singly Family (0-3 units/acre) to PF Public Facility, Quasi -Public located on the NE corner of Highway 3 and Cliff Road in the SE%4 of Section 25. All approved in favor REPORT DATE: July 17, 1996 APPLICANT: Woodcrest Church PLANNING REPORT CITY OF EAGAN CASE #: 25 -CG -5-6-96 HEARING DATE: July 23, 1996 PROPERTY OWNER: Roger and Judith Urban PREPARED BY: Julie Farnham REQUEST: Comprehensive Guide Plan Amendment from D-1 (Single Family) to PF (Public Facility) LOCATION: NE corner of TH 3 and Cliff Road COMPREHENSIVE PLAN: D-1 (Single Family 0-3 units/acre) ZONING: R-1 Single Family SUMMARY OF REQUEST Woodcrest Church is requesting a Comprehensive Guide Plan Amendment from D-1 (single family 0-3 units/acre) to PF (public facility) to allow construction of a church on approximately 12 acres located at the NE corner of TH 3 and Cliff Road in the SE quarter of Section 25 AUTHORITY FOR REVIEW The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Pian is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. EXISTING CONDITIONS The site is undeveloped; portions of it appear to have been farmed. The site is relatively open with scattered wooded areas and rolling topography. The south edge along Cliff Road has very steep slopes. A large pond exists in the northern 1/4 to 1/3rd of the site. A Soo Line railroad track runs along the west property line. The site is rectangular in shape with a narrower leg that Planning Report - Woodcrest Church July 23, 1996 Page 2 extends south to Cliff Road. A 1.5 acre parcel located adjacent to this site directly to the SE is not part of this proposal. However, the applicant states that they are interested in acquiring that parcel which would allow for a better access location off Cliff Road (CSAH 32) directly across from Weston Hills Drive. SURROUNDING USES North - Undeveloped land owned by St. Thomas Beckett Church; zoned P (Public Facility); guided PF (Public Facility) East - Undeveloped land in Inver Grove Heights; zoned ; guided West - Soo Line Railroad and undeveloped land; zoned R-1(Single Family); guided D-1 (0-3 units per acre) South - Single family residential development (Weston HilIs); zoned R-1; guided D-1 BACKGROUND/HISTORY ZONING This property was zoned A - Agricultural on the 1959 zoning map and remained so until 1990 when the zoning was changed to R-1 Single Family. COMPREHENSIVE LAND USE GUIDE PLAN In May 1990, the City approved a Comprehensive Guide Plan Amendment changing the land use designation of this property from D -II (0-6 units/acre) to D-1 (0-3 units/acre) to accommodate a proposal for 13 single family lots. DEVELOPMENT OF SITE AND SURROUNDING AREA In 1989 this property was part of a larger project known as the Southern Lakes Development. It incorporated 251 acres, of which about 238 acres was in Inver Grove Heights. the development included 117 single family lots and an 18 -hole golf course. The portion located in Eagan consisted of 13 single family lots on about 12 acres. In 1990 the City Council approved a comprehensive guide plan amendment, rezoning and preliminary plat to allow that proposed development. However, a Final Plat was never approved. The development necessitated a joint powers agreement between Inver Grove Heights and Eagan providing for the provision of sewer and water service to this area of Inver Grove Heights. An agreement was drafted, but never executed. Currently, the City of Inver Grove Heights is reviewing a rezoning and single family subdivision proposal for the property adjacent to this site directly to the east. Their planning commission Planning Report - Woodcrest Church July 23, 1996 Page 3 recommended approval of the request and forwarded it to their city council for review July 22, 1996. As with the previous proposal, a joint powers agreement between Inver Grove Heights and Eagan is needed to provide sewer and water services to that development since it is at an urban density. The Inver Grove Heights City Administrator recently appeared before the Eagan City Council in this regard. At this time, the City of Eagan has not agreed to pursue extension of utilities via a joint powers agreement. A workshop to discuss whether to pursue this issue will be held by the City Council at the end of July. In I994 the City received another subdivision proposal for this 12 acre site (Royal Oaks Realty - Edgewater Place). That proposal included the 1.14 acre parcel adjacent to the SE corner of this site. The proposed preliminary plat consisted of 19 single family lots. That proposal was withdrawn, primarily due to issues regarding tree preservation and provision of a buffer and trail around the pond in the north part of the site. Recent development in Eagan near this site includes the Weston Hills single family subdivision (south), Manor Lake single family subdivision (south-west) and St. Thomas Beckett Catholic Church (north-west) which is planned to eventually be 58,384 s.f. in size with a 1200 seat capacity and 348 parking spaces. EVALUATION OF REQUEST This report analyzes the requested amendment in general terms to evaluate the potential impact of a change in land use designation from D-1 (single family 0-3 units/acre) to PF (public facility) on the city's environment, infrastructure, residential land supply, school system, and park and recreation system. The analysis is conducted relative to the various goals and policies adopted by the City of Eagan. The primary questions are 1) what type of development would the proposed PF land use designation allow on this 12 acre site; and 2) is the proposed land use amendment consistent with the City's Comprehensive Guide Plan policies. The applicant's proposed development is conceptual in nature and specific development details have not been submitted at this time (e.g. grading, utilities, etc.). Therefore, while it will be referred to conceptually in the evaluation, this report is not intended to evaluate specific development impacts. Staff notes that because our comprehensive guide plan land use categories are fairly narrowly defined, land use amendments are often required to accommodate certain uses, even though they may be generally compatible with the existing land use designation. Of particular note are churches and schools needing land use amendments to locate in areas designated for residential uses. As such, the City may want to consider adopting a policy that would allow churches (and possibly other public facilities) in areas designated for residential land uses, provided certain criteria are met (i.e. location on a major road, size thresholds, etc.). While a rezoning would likely still be needed to allow a church or school use, the additional step of amending the land use could be eliminated. The rezoning process would require a public hearing, and thus ensure public review of such requests. Because land use amendments are reviewed prior to, and Planning Report - Woodcrest Church July 23, 1996 Page 4 separately from rezonings, elimination of that step could help streamline the review process. If the APC thinks this idea has merit, you could direct staff, with a separate motion, to draft a policy(s) addressing this issue for future consideration. WOODCREST CHURCH PROPOSAL Woodcrest Church was established about 3 1/2 years ago. It is a daughter church of Wooddale Church in Eden Prairie. The church offices are currently located in Eagan and services are conducted out of the Rosemount Community Center. The church currently has about 80 members, a majority of which come from the Eagan area. If the requested land use amendment is approved, Woodcrest Church proposes to develop a church and associated parking on this site. The first phase would consist of approximately 10,000 s.f. Ultimately, the church size would be 50,000 s.f. with a seating capacity of 500. The conceptual site plan indicates 144 parking spaces (72 future) which is above the 143 spaces required by code for a 500 seat capacity assembly hall (Exhibit A). At this time, the church does not have plans to include accessory uses commonly associated with churches such as a day care. ENVIRONMENTAL IMPACTS The analysis of environmental impacts is an evaluation of the major physical elements and environmental factors that could influence the development potential of the property. The analysis looks at impacts based on the general type of land use (existing and proposed) since we are not evaluating a specific development proposal at this time. Grading/Topography - The site is generally open with rolling topography rising to a hill on the adjacent parcel to the southeast. In general, the site slopes from south to north toward the wetland on the northern fourth to third of the property (Pond LP -30). Storm Water Drainage/Water Quality/Wetlands - The site lies within Drainage District L as identified in the City Storm Water Management Plan (1990). One natural low area at the north edge of the site is designated as a storm water basin in the Plan (Pond LP -30). The Plan identifies the construction of a 12 -inch storm sewer outlet pipe to be constructed to the west across the railroad tracks and TH-3 to Pond LP -47. This pipe will serve as the outlet for Pond LP -30. Construction of this outlet pipe will be a requirement of development of this site. Development on this site will generate runoff that will discharge to Pond LP -30, a 10 -acre state designated protected water classified for indirect contact recreation in the City's Water Quality Management Plan. Consequently runoff from development will need to pass through an on-site detention basin prior to discharge into Pond LP -30. In addition, a 30-50 foot undisturbed buffer area must be maintained around the pond edge. TreesNe;etation - The site is relatively open with the exception of a row of trees along the Planning Report - Woodcrest Church July 23, 1996 Page 5 pond edge. This tree line contains 43 significant deciduous trees (ash, oak, maples, elm). These are generally within the buffer area around the pond. The adjacent parcel to the southeast contains a fairly large significant woodland. If the applicant acquires this parcel, development should occur in a manner that minimizes tree loss. Development will need to comply with requirements of the Tree Preservation Ordinance. Environmental Assessment Worksheet (EAW) - The proposed development does not require an Environmental Assessment Worksheet or Environmental Impact Statement. The proposed maximum church development, consisting of 50,000 s.f. building and 144 parking spaces, is below the threshold of 75,000 s.f. required for an EAW Summary - Environmental Impacts: Development of this property with public facility uses (e.g. church) rather than D-1 single family uses should not have a negative impact on the physical environment. In fact, a church development would likely allow more of the site to remain undisturbed since no internal street is needed and the overall amount of building coverage would be less. Any development will need to comply with all City requirements regarding grading, the Storm Water/Water Quality Management Plan and the Tree Preservation Ordinance. INFRASTRUCTURE The infrastructure section includes an evaluation of street access and circulation, sanitary sewer and water facilities. Street .Access/Circulation - Street access to the south is available onto Cliff Road (Dakota County Road 32). With previous development proposals for this parcel, Dakota County has indicated that access to this site will only be allowed directly opposite Weston Hills Drive, approximately 500 feet east of TH-3. The subject site does not abut Cliff Road at this location. The property directly abutting Cliff Road at this location is owned by Dakota County (Parcel 010-78). Previous development proposals for the subject site included purchasing this land from Dakota County to provide access to the site. The applicant is interested in purchasing that parcel, however another parry currently has an option on the property until October. If it does become available, the applicant would be willing to move the access to line up with Weston Hills Drive. The developer of this site will be subject to Dakota County requirements regarding access onto Cliff Road. Traffic Impacts - Trip generation from the 12 acre parcel associated with D-1 single-family usage would be an estimated 780 daily trips. Using the applicant's ultimate development proposal of a 50,000 square foot church facility, trip generation is estimated to be 466 daily trips on an average weekday and 1831 daily trips on an average Sunday. Trip generation data is based on the ITE Manual, 5th Edition. All trips would be directed toward Cliff Road which has sufficient capacity to handle the estimated traffic generated by a church or residential development. Planning Report - Woodcrest Church July 23, 1996 Page 6 Sanitary Sewer - A trunk sanitary sewer exists on the southwest corner of the site of sufficient size, depth and capacity to serve this development, whether the site develops as D-1 single-family or as public facility -church. The City's Comprehensive Sewer Policy Plan indicates that a sanitary sewer capable of serving an area of approximately 200 acres will need to be extended through the site to serve possible future development to the east in Inver Grove Heights. Detailed design of the sanitary sewer service to Inver Grove Heights will need to be determined at time of specific development proposal for this site. This sanitary sewer extension will be covered in the comprehensive joint powers agreement with Inver Grove Heights, if it is ultimately approved. Water Main - Water main of sufficient size and capacity exists at the intersection of Cliff Road and Weston Hills Drive at the edge of the parcel owned by Dakota County (Parcel 010-78). The developer of this site will need to work with Dakota County to access this water main through the Dakota County property. The City's Water Supply and Distribution Plan indicates the extension of a trunk water main along the south edge of this site at Cliff Road into Inver Grove Heights. As with the sanitary sewer extension addressed above, extension of this trunk water main will be covered in the comprehensive joint powers agreement with Inver Grove Heights, if approved. Summary - Infrastructure: The proposed access to this site from Cliff Road will be subject to Dakota County requirements. Anticipated traffic from the proposed church development would be less, on a daily basis, than traffic generated by single family development on this site, except for Sunday church traffic. However, Cliff Road is designed to accommodate traffic generated by either the proposed church or single family development. Both sanitary sewer and water are available to this site, although access to the water main is only available through the adjacent parcel owned by Dakota County. In addition, sanitary sewer and water will need to be extended through this site to serve about 200 acres in Inver Grove Heights if a joint powers agreement between Eagan and Inver Grove Heights is approved. COMPREHENSIVE LAND USE IMPACTS This section includes information on the city's residential and public facility land supply. Residential Land Suunly The requested land use change on this 12 acre site would result in a reduction of the total supply of D-1 designated land to 4676 acres. Currently, D-1 designated land represents 21.8% of the total area of the City. If the requested amendment is approved, the total amount of D-1 land would represent 21.76% of the total area of the City; a reduction of only 0.051,110. As such, the Planning Report - Woodcrest Church July 23, 1996 Page 7 requested amendment to the Comprehensive Guide Plan should not have a significant impact on the overall supply of D-1 land or the balance of all land uses within the City. However, the adjacent parcel owned by Dakota County is not part of this request and will retain its D-1 designation. If the applicant acquires the parcel, it would need to be redesignated to PF to allow church uses. Development of this parcel under D-1 designation would be limited to single family development. Given its small size (1.14 acres) and physical constraints (trees, steep slopes), it could be difficult to develop at the allowed single family density of 3 units per acre. While the proposed church development should not have a significant negative impact on this small parcel if it were to develop with single family homes, it could make development of this parcel more difficult. The area in the immediate vicinity consists predominately of low density, single family residential developments and public facilities, including St. Thomas Beckett Church, Red Pines and Pinewoods elementary schools. Public Facilities Land Supply Increasing the amount of land designated for PF (public facilities) by 12 acres would result in a total of 804.6 acres of PF land in the City. This represents 3.75% of all land in the City and is a 0.06% increase from the existing supply. As with the residential land use, the requested amendment should not have a significant impact on the overall supply of PF land or balance of all land uses within the City. Other public facilities in the vicinity include St. Thomas Beckett Catholic Church, Red Pines Elementary and Pinewoods Elementary schools. Summary - Comprehensive Land Use Impacts: The requested land use change from D-1 to PF should not have any negative impacts on the overall land use balance in the City. SCHOOL SYSTEM The nearest school to this site is Red Pines Elementary, located south of Cliff Road in the Weston Hills subdivision. The proposed development of a church should not have any negative impacts on enrollment or capacity at the school. Loss of 12 acres of land that could have been developed with single family residential uses should not have a significant impact on school enrollment. PARKS AND RECREATION SYSTEM The city's current Park System Plan, updated in 1995, designates this site as part of service area Planning Report - Woodcrest Church July 23, 1996 Page 8 36E. This area is somewhat isolated from other Eagan neighborhoods and park facilities by roadway barriers, namely TH 3 and Cliff Road. Existing parks in the vicinity include South Oaks Park (a neighborhood park), Trapp Farm Park, and Lebanon Hills Regional Park. All of these facilities are west of TH 3. The Park Plan identifies the need for a neighborhood park in the area south of Cliff Road and east of TH 3. Since the Plan was adopted, a playground was installed in conjunction with Red Pines Elementary and some land was dedicated for a new neighborhood park - Hidden Corner Park. A regional trail is proposed along the east side of TH 3 on the railroad right-of-way. The railroad is still active so the trail will not be constructed for several years. Trails are also proposed along both sides of Cliff Road. Summary - Parks and Recreation Svstem: The proposed church development should not have any negative impacts on the existing or proposed park and trail facilities in the area. SUMMARY OF FINDINGS In evaluating this proposal, the following items should be considered: GENERAL CONSIDERATIONS Woodcrest Church is requesting approval of a Comprehensive Guide Plan Amendment from D-1 (single family, 0-3 units per acre) to PF (public facilities) to allow construction of a church on this 12 acre site located at the NE intersection of TH 3 and Cliff Road in the SE 1/4 of Section 25. Woodcrest Church is proposing to build a church that would eventually be about 50,000 s.f. in size. The church would be built in phases, with the first phase consisting of about 10,000 s.f. The conceptual site plan submitted indicates 72 parking spaces with space for an additional 72 spaces, for a total of 144 spaces. This property was zoned Agricultural until 1990 when the zoning changed to R-1 single family. At the same time, the land use designation was changed from D -R (0-6 units/acre) to D-1 (0-3 unit/acre). ENVIRONMENTAL IMPACTS The proposed PF (public facilities) land use designation should not have any negative impacts on the physical features of this site and will likely have less impact than single family development. Any development will need to comply with all City requirements regarding, grading, storm water and water quality management and tree preservation. INFRASTRUCTURE Planning Report - Woodcrest Church July 23, 1996 Page 9 The proposed access to this site from Cliff Road will be subject to Dakota County requirements. Anticipated traffic from the proposed church development would be less, on a daily basis, than traffic generated by single family development on this site. However, Sunday church traffic would be greater. Cliff Road is designed to accommodate traffic generated by either the proposed church or single family development. Both sanitary sewer and water are available to this site, although access to the water main is only available through the adjacent parcel owned by Dakota County. In addition, sanitary sewer and water will need to be extended through this site to serve about 200 acres in Inver Grove Heights if a joint powers agreement between Eagan and Inver Grove Heights is approved. COMPREHENSIVE LAND USE IMPACTS The proposed land use change will result in a 0.06% increase in overall land devoted to PF (public facilities) and a 0.05% decrease in land devoted to D-1 (0-3 units/acre). This change should not have a significant impact on the housing balance or overall land use balance in the City. Existing land uses in the vicinity consist of low density single family and public facility (institutional) uses. While the adjacent 1.14 acre parcel owned by Dakota County is not part of this request, the impacts of the proposed land use change on this parcel should be considered. SCHOOL SYSTEM The proposed land use change to allow development of a church should not have any negative impacts on enrollment or capacity at area schools. Likewise, loss of 12 acres of land that could have been developed with single family should not have a significant impact on school enrollment or capacity. PARKS SYSTEM The proposed church development should not have any negative impacts on the existing or proposed park and trail facilities in the area. ACTION TO BE CONSIDERED To recommend approval or denial of a Comprehensive Guide Plan Amendment changing the land use designation from D-1 (single family, 0-3 units/acre) to PF (public facility), for approximately 12 acres located at the ATE intersection of TH 3 and Cliff Road in the SE 1/4 of Section 25 COAT HILL PARK - -a hVUAAO CAKE Cl R0. 11 i A^• ~/� EST 50 ANE %/ 'I /v MAUv001I X^0, -WEN /^ p ;,SCC ! ' 4800 ,`ISE NAY �G `-1 iN ^oL'TWM! 4OAd %// Yr i�c '20th 5TM. CSLE VCIN �� LOCATION ZONING COMPREHENSIVE GUIDE PLAN 2 44cc) SCHWA)4z PK SAK �C NO --- _�.- / 1Grcre rz 4800 PK Ll 9E 'WWI QNQYN IV If -3 5V EXHIBIT - A Agenda Informatio August 6, 1996 ' - l ACTION TO BE CONSIDERED: ► To approve or deny an amendment to the city's Comprehensive Guide Plan from RB, Roadside Business, to D -IV, Multiple Family Residential for the 3.3 acre Lot 3, Block 1, Blackhawk Plaza. FACTS: ► The Daughters of Penelope are requesting this change to the Comprehensive Guide Plan to allow the construction of a 40-45 unit multiple family affordable elderly housing development. ► The Daughters of Penelope are seeking HUD 202 funding for the project and this is the first step toward obtaining HUD approval for the project. ► The APC conducted a public hearing on this proposal at its regular meeting on July 23. 1996, and recommended approval of the Comprehensive Guide Plan Amendment. [SSLES: ► A resident was concerned about what happens if the amendment is approved, but the elderly housing project does not proceed. BACKGROUND/ATTACHMENTS: APC minutes of Jul 23, 1996, pa es.tLl Staff report, pages through P.m 7 Jule -' 3. 1996 ADVISORY PLANNING CONMSSION COMPREHENSIVE GUIDE PLAN AMENDMENT DAUGHTERS OF PENELOPE Chairman Miller opened the next public hearing of the evening regarding a Comprehensive Guide Plan Amendment from RB Roadside Business to D -IV Multiple (+12 units/acre) to construct an affordable elderly housing project on Lot 3, Block 1, Blackhawk Plaza located west of I -35E and east of Blackhawk Road in the SE'/4 of Section 20. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in the City staffs planning report dated July 18, 1996. Ms. Dudziak noted the background and history of this item. The applicant was present represented by Dean DeVoss, the project architect, who described the applicant's proposal and indicated that the applicant is currently awaiting HUD approval before further plans can be submitted. Larry Elm who was a citizen who was present and indicated his concern with increased traffic which may result from the proposal. Chairman Miller indicated that traffic concerns would have to be satisfied when the applicant submits its development plans. A representative of Diffley Square property owners was present and indicated no objections to the applicant's proposal. Judy Stuard, a neighboring property owner, expressed concerns with the potential plan and the density issues concerning multiple family housing. ,Member Heyl indicated her belief that the proposed use for the property is less intensive, compatible and would provide affordable housing to address the City's need for affordable senior housing and that the project appears consistent with the City's affordable housing goal in the adopted Livable Communities Action Program. Member Burdorf moved, Member Isberg seconded, a motion to recommend approval of a Comprehensive Guide Plan Amendment from RB Roadside Business to D- IV Multiple (+12 units/acre) to construct an affordable elderly housing project on Lot 3, Block 1, Blackhawk Plaza located west of I -35E and east of Blackhawk Road in the SE'../4 of Section 20. All approved in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: July 18, 1996 CASE #: 20 -CG -7-6-96 APPLICANT: Daughters of Penelope HEARING DATE: July 23, 1996 PROPERTY OWNER:Thomas Roberts/Mike Tobin PREPARED BY: Pam Dudziak REQUEST: Comprehensive Guide Plan Amendment from RB to D -IV LOCATION: Lot 3, Block 1, Blackhawk Plaza COMPREHENSIVE PLAN: RB, Roadside Business ZONING: RB, Roadside Business SUMMARY OF REQUEST The Daughters of Penelope are requesting an amendment to the city's Comprehensive Guide Plan to change the land use designation of Lot 3, Block 1, Blackhawk Plaza from RB, Roadside Business, to D -IV, Multiple Family Residential, located in the southeast quarter of Section 20. The amendment is requested to allow the construction of a multiple family affordable elderly housing development. The site is located east of Diffley Square shopping center (formerly Blackhawk Plaza), west of 1-35E and north of Diffley Road. AUTHORITY FOR REVIEW The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. Planning Report - Daughters of Penelope July 23, 1996 Page 2 BACKGROUNDIHISTORY The Blackhawk Plaza subdivision was approved in 1986. The property had two zoning classifications, NB (Neighborhood Business) and RB (Roadside Business). The property was platted into eight commercial lots with a shopping center (now called Diffley Square) on the NB portion of the property. The RB portion of the property consists of Lot 3. A 165 unit hotel was shown on the plans for Lot 3, but has never been constructed. The project is proposed to be a three-story apartment facility of 40 to 45 units. Ninety-five percent of the units are one bedroom apartments for the independent elderly and the remaining units will be handicap accessible including two percent for the sight and hearing impaired. The dwelling units will be designed to enable the occupants to live independently, as well as to allow for adaptability as the needs of the elderly occupant change over a 10-20 year period. The adaptable features are built in at the time of construction and include items such as oversized door openings, grab bars, emergency call systems and bathrooms and kitchens for use by persons in wheelchairs. The common areas would include a central lobby with direct access to the entrance, elevator and central corridors. Also included will be an assembly room which is centrally located with direct access to the outside recreational area which would include a patio and lawn area. The assembly room will provide space for the supportive services and programs. Other common spaces proposed include a sitting area for reading and conversation, a library and craft room and central laundry facilities. Office design would accommodate a service manager and receptionist and an additional office for mail service, visiting nurses, dietitian or other support services to meet the needs of tenants. Other design features include oversized corridors and doorways, continuous handrails, color coordinated carpets to distinguish between different floors, ramped sidewalks, emergency call and fire alarm systems. 93_ The Daughters of Penelope are seeking HUD 202 funding for this project. The Daughters of Penelope are requesting the proposed amendment to the Comprehensive Guide Plan as the first step toward obtaining city approval for this project which can then be included in the HUD funding application. The Daughters of Penelope is the Senior Women's Auxiliary of the Order of AHEPA (American Hellenic Educational Progressive Association). The Daughters of Penelope #35, the local Minneapolis chapter is one of 350 Daughters chapters promoting social, ethical and intellectual interests of its members while supporting projects through charitable contributions. Projects which the Minneapolis Daughters of Penelope #35 has supported include Children's Heart Fund, Planning Report - Daughters of Penelope July 23, 1996 Page 3 Penelope House for Abused Women and Children, Juvenile Diabetes, Special Olympics, and Penelopean Day Care Center. Other Daughters of Penelope chapters around the country have developed similar senior housing projects, but this project would be the first for this organization in Minnesota. Roadside Business Designation and Zoning - Land designated for Roadside Business uses are located and intended to serve the transient population attracted by the interstate highways and Cedar Avenue. These areas are usually located near freeway interchanges for accessibility and are expected to develop with restaurants, auto services, truck stops, motels and other similar uses oriented to the traveler. The Roadside Business zoning district allows motels, hotels and Class I restaurants as permitted uses. Service stations are also permitted, when it follows a hotel/motel or restaurant in the same vicinity. The RB district also permits indoor commercial recreation facilities such as bowling alleys and theaters. Car washes, Class II restaurants and truck stops are allowed in the RB district as a conditional use, also only after a motel/hotel or restaurant has been constructed in the same general area. D -IV Land Use Designation and R-4 Zoning - The D -IV land use designation provides for multifamily residential development of 12 or more units per acre. The corresponding multifamily zoning district is R-4 which permits apartments. Commercial Land Use Study - The Commercial Land Use Study, accepted by the City Council in May 1994, identifies the Blackhawk Plaza commercial development as one of several neighborhood commercial nodes in the city, assuming a one -mile radius service area. The Study also concluded that there is an oversupply of commercial land within the city. Although the site is situated at a freeway interchange, this property is designated and zoned RB, while the existing commercial development is neighborhood commercial in design and function. The working polices suggest that motels/hotels can be compatible in the NB areas provided they are adjacent to freeways and compatible with surrounding land uses. Compatibility With Surrounding Area - In the past few years, the city has had several inquiries for hotels and motel development, but this site has not received serious consideration from those developers. The adjacent property west of this site is zoned and developed as neighborhood commercial. Northeast of the site is an existing townhome development, and northwest is a parcel which is zoned Agricultural and designated for D -III residential. The proposed change in land use designation to multifamily residential would provide a less intensive use for this property and provides a transition from neighborhood commercial to medium density townhomes. Grading/Topography - The site is relatively flat and generally open with some lightly wooded area and gentle topography and was previously graded with the development of a Blackhawk Plaza. Planning Report - Daughters of Penelope July 23, 1996 Page 4 TreesNeizetation - There does not appear to be any vegetation which would be subject to the city's Tree Preservation Ordinance, however, a tree inventory would need to be done at the time a development application is submitted. Two areas of the site in question are the northern tip of the property where there may be a significant woodland and at the southern corner of the property where one large tree is located which may fall within the property. At the time of a development application, these areas should receive closer scrutiny to determine whether they are subject to the protection and mitigation requirements in the city's Tree Preservation Ordinance. Water Quality/Wetlands - A small dry pond, designated AP -7.2 in the City's storm water management plan, is located in the southern portion of this property. The Eagan water quality management plan has classified this pond as a storm water management basin. The water quality mitigation requirements for this parcel could be met by converting Pond AP -7.2 to a wet pond with standing water. There are some small pockets of wetland vegetation within Pond AP -7.2. There are no obvious wetland areas elsewhere within the parcel, but a site survey should be conducted by the developer to check for and delineate jurisdictional wetlands at the time of development application. Storm Water Drainage/Water Quality - The site lies within Drainage District A as identified in the City Storm Water Management Plan adopted in 1990. Drainage District A ultimately drains west to the Minnesota River. A storm water basin (Pond AP -7.2) was graded in the southeast portion of the site as part of the Blackhawk Plaza development and may be utilized for flood volume control associated with development. Pond AP -7.2 drains to Pond 7.1 in the southwest corner of Blackhawk Plaza. Street Access/Circulation/Traffic - Street access is provided to the site via a 36 foot wide private street within the Blackhawk Plaza subdivision. There are currently two existing accesses from public right-of-way to Blackhawk Plaza; one from Blackhawk Road on the west and one from Diffley Road (Dakota County No. 30) on the south. The access to Blackhawk Road provides for full turning movements while the access to Diffley Road provides for right -in and right -out turning movements only. The developer should provide the city a copy of the easement allowing Lot 3 use of the private street for access. Sanitary Sewer - Lateral sanitary sewer of sufficient size, depth and capacity was constructed to the southwest corner of the site with previous Blackhawk Plaza development to accommodate the proposed change in use. Water Main - Water main of sufficient size and capacity was constructed through the site with the Blackhawk Plaza development and is readily available for connection by development on this parcel. Traffic Impacts - Traffic volumes for Blackhawk Road in 1995 in this area were 8,700 daily trips and Diffley Road were 16,500 daily trips. Based on a density of 12 units per acre (40 units total) d77 Planning Report - Daughters of Penelope July 23, 1996 Page 5 associated with development in the R-4 zoning district, 236 daily trips would be generated by development of this site. Using the applicant's development proposal of a maximum of 45 units of elderly housing development, trip generation is estimated to be 135 daily trips. This is significantly lower than the estimated trip generation of 1,632 daily trips associated with the 160 unit motel previously proposed for this site. Housing Goals - Given the site's proximity to the freeway, multiple family housing is the most appropriate housing type to consider in order to facilitate mitigation of noise and visual impacts. The project is consistent with the city's affordable housing goal in the adopted Livable Community Action Program. The Dakota County HRA has provided data indicating that Eagan has a significant need for affordable senior housing. The HRA waiting list for the Oak Ridge senior housing is one to two years. If this project and phase 2 of the HRA project were both accomplished, approximately 50% of the identified need would be addressed. This project will add to the city's non -single family housing supply, but this small project will not have a significant impact on the overall housing balance. Except for Lot 3, Block 1, Blackhawk Plaza, the Diffley Square shopping center was developed under the Neighborhood Business zoning and serves as a neighborhood commercial node. Lot 3, with its RB zoning has remained vacant since the property was platted in 1986 and there has been little interest by developers in this site for roadside business development. The proposed change in land use designation to multifamily residential would provide for a less intensive use of this property and an appropriate transition from neighborhood commercial to medium density townhomes. Traffic impacts with multifamily development on this site would be significantly less than if it developed with a commercial roadside business use. ACTION TO BE CONSIDERED To approve or deny a Comprehensive Guide Plan Amendment changing the designation of Lot 3, Block 1, Blackhawk Plaza from RB, Roadside Business, to D -IV, Multiple Family Residential. COMPREHENSIVE GUIDE PLA. ZONTING i. AM F-VOW-7-7-;�� GYA, _ 0- AC(MAwK.VK 9E.L °C.C'' 41V i?CN S L.UCE`•� ,N. 7 PARK \\ iCR. 44 WC EVEN 40 "15'� "fig i ITE -7 WE co gq'r±"I ��� 'I =j I've\•i�:'I I oI�M,1\': �r:rC_^ .�'M �-- ii !a; +�.• �.CAR�NE_`!A!KN PARK .C _ —INE j� % p/ / � ii.. lAeEvAvGl G LARK :V. Al EZ Ff aBE -•, A01 al -.U1 41 MEAD WMLAMNO eEz LZ PARK M~rC" .NEnGCWLARK MAY Q SoLt -=Q,3 - — - _x-: ?CAG 4�—( .17 ' -C CX Ll WEXF^RO ::R. H l g• •-, `Y _ANvA i3ACK��ES Ir/G 78) 43 ,� LOCATION Lam` -L-7 91. RL t 77 LIT „1'L:Y r-- i- r •! � � � � %/ter.. i; �.� -� -_—_ �..� fir• _.hil-- �'� . i-� . - ^ � i _ ........ �, )RAIN. SJIIL.--tuE'Ir it ------------ °ARK : NG 1,�1?a-•CJ p' '��rvallt `NN.+-t:1� A.RY' )I �\ `� /I - � I �'I - -. _ I _� - r �•� � , JGJ� AREA MAP DATE—Q7-11-96 _ON SALE FEE — x OFF SALE FEE TEMPORARY FEE $25.00 CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122 APPLICATION FOR NON -INTOXICATING MALT LIQUOR LICENSE NEW xx RENEWAL TEMPORARY PLEASE PRINT APPLICANT Holiday Stationstore #68 OWNER'SVAME HOLIDAY STATIONSTORES INC. (Last) (First) (Middle) 4�4 ) West 80tffiVreet (Middle) Address 1065 Difflev Road Address Street _ Eagan, NN tre5t)5 123 Minneapolis MN 55437 (City) (State) (Zip) (City) (State) (Zip) Phone Birthdate Phone 830-8754 Birthdate TRADE NAME Holiday Stationstore #68 MANAGER'S NAME Justin Olsen 1065 DiffleRoad (La � 616 - 47d11rSttreet Northddle) Address y (Street) _ Eagan, MN 55123 (City) (State) (Zip) (City) Phone 777-9404 Oakd(a�e t)MN 55128 (State) (Zip) _..--___.—.HEREBY APPLIES FOR NON -INTOXICATING LIQUOR LICENSE for the year 1996 , from 08-15 196 to 12-31/ 96 (month) (date) (month) (date) (for temporary license) (Address) STRONG BEER: Yes x No Applicants who have an on -sale wine license, and have 50% gross earnings from food, may sell strong beer without an additional license. Applicants who elect to sell strong beer must carry liquor liability insurance. Are you the actual proprietor? Yes (x) No ( ) Are you the owner of the property of the business location? Yes (x) No ( ) Has any other license of this kind been granted to you? Yes (;,) No () Where 118 locations in the State_ of MN (City) (Year) Are any taxes, assessments or utility bills for the permises unpaid or deliquent? Yes () No ()q. If yes, give reason. During the past year, has a summons been issued under the Liquor Civil Liability Law MS 304.A802? Yes () No (x). If yes, attach summary copy. Have you ever been convicted? Yes ( ) No (x) City (Other than a traffic offense) Is this a joint ownership or silent partnership? Yes ( ) No (x). If yes, please attach a listing of complete names, dates of birth, addresses and telephone numbers fo everyone involved. I HEREBY VERIFY THAT THERE HAS BEEN NO CHANGE IN OWNERSHIP OR MANAGERS IN THE PAST YEAR. THE LICENSEE HEREBY AGREES TO INDEMNIFY AND HOLD EAGAN HARMLESS FROM ANY AND ALL CLAIMS OR SUITS INCLUDING ATTORNEYS FEES AND OTHER DEFENSE COSTS, WHICH THE CITY OF EAGAN MAY INCUR BY REASON OF ANY ACTIVITIES ARISING FROM THE GRANTING OF THIS 3.2 BEER LICENSE. I (we) HEREBY AGREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF MINNESOTA AND THE ORDINANCES OF THE CITY OF EAGAN. THE FOREGOING STATEMENTS"ARE TRUE AN CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. AUTHORIZED SIGNATURE Arnold R'n)rti.s Mickelson, (XW6f'9T%?nt Secretary (Last) FOR CITY USE ONLY POLICE APPROVAL: YES () NO () SIGNED DATED as,.s CITY OF EAGAN SERVICE STATION PERMIT $100.00 per location 8830 Pilot Knob Road License Term: Eagan, MN $5122 July 1, 1996 - June 90, 1997 (612)681-4600 FAX: 681-4612 HOLIDAY STATIONSTORES., INC._ _ --hereby aut:an ts application for a Service Station Permit. Name of Applicant HOLIDAY STATIONSTORES, INC. Street Address 4567 West 80th Street City, State, Zip Minneapolis, MN 55437 Telephone Number 6121830-8754 Location of station if different from above address: Holiday Stationstore 4668 1065 Diffley Road Ea an, MN 55123 MAKE CHECK OUT TO: CITY OF EAGAN IN THE AMOUNT OF $100.00 PERMITS ARE ISSUED FOR A 12 MONTH PERIOD AND ARE NOT PRORATED. $40.00 per license CITY OF EAGAN xx New 3830 Pilot Knob Road Renewal Eagan, MN 55122-1897 APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS Please Print APPLICANT HOLIDAY STATIONSTORES, INC. Birthday Residential Address 4567 West 80th Street Minneapolis, MN 55437 street city state zip Business Address 1065 Diffley Road Eagan, MNT 55123 street city state zip Business name in Eagan where tobacco is to be sold Holiday Stationstore 468 Business address In Eagan where tobacco istobesold 1065 Diffley Road, Eagan, MN street ToaArCQ-_ :t7 ucTS TO AF 190L.Ib. (rhili<R all tluit*e0111 x Cigarettes, cigars and other smoking tobacco x Snuff, plug and other chewing tobacco Clippings, cuttings and sweepings suitable for chewing or smoking Pipes and other tobacco related devices Cigarette papers and wrappers PACKAGING OF T BACCO PRODUCTS TO BE -SOLD (Check all that apply) x Individual pack or can x Two or more packs or cans packaged together x Full cartons LOCATION QF TOBACCO PRODUCTS WITHIN BUSINESS (Check all that apply) x Self-service merchandise x Over-the-counter Vending machine Number of vending machines within business x Accessible to store clerk only SEPARATE LICENSES SHALL BE ISSUED FOR THE SALE OF TOBACCO PRODUCTS AT EACH FIXED PLACE OF BUSINESS AND FOR EACH VENDING MACHINE. TOBACCO SALES TO ANY PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS IS UNLAWFUL AND IS GROUNDS FOR SUSPENSION OR REVOCATION OF LICENSE. I (WE) HEREBY AGREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF MINNESOTA AND THE ORDINANCES OF THE CITY OF EAGAN. THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF DATE 07-11-96 AUTHORIZED SIGNATURE ' Ju Thom on, Licende Tepartment FOR OFFICE USE ONLY City Council Approval Date: Date Issued: I'City of Eagan Fee: $25.00 ' ;330 Pilot Knob Road APPLICATION FOR LICENSE License year Eagan, MN 55122-1897 TREE MAINTENANCE CONTRACTOR For individual, partnership or corporation f 3� who cut, trim, prune, remove spray or treat trees. I'_ ( Y`#11 LC hereby make application for a TREE AfAIN ENANCE CONTRACTOR license for the year Y7tq (p from the City of Eagan. A / OWNER:ADDRESS:PHONE # L%�I (street) (city) (state) (zip) BUSINESS NAME: LLL,rC1_l r`1 CSI V � ,r\);ADRESS: 2t� ICIC'- I iC �t �� 'Ci`I'i I�PHONE # L �' (street) (city) (state) (zip) EMPLOYEES, PERFORMING TREE MAINTENA NCE-. Name: X C (first) (middle) (last) Name: �� 1'1 Ly rf (first) (middle) (last) Name: (first) Name: (first) (ATTACH ADDITIONAL NAMES) VEHICLES USED FOR TREE MAINTENANCE: (name) (year) (year) (middle) (middle) -=c'� tj (make) (make) (name) (year) (make) (ATTACH ADDITIONAL VEHICLE INFORMATION) EQUIPMENT USED FOR TREE MAINTENANCE: (c.& stump grinder, brash dipper, chainsaws, sprayer, etc.) (name) (function) M (nkme) (function) (ATTACH ADDITIONAL EQUIPMENT INFORMATION) F-1 J(- ) (model) (model) (last) (last) SL j ( L .�� .l_" (license number) (license number) (model) (license number) try r 1 REFERENCES OF PREVIOUS CLIENTS: (name) (address) (name) ' ' (address) REQUIRED DOCUMENTATION: 1. Liability insurance in the following amounts: * $100;000 for bodily Injuries to one person from one accident. * $300,000 for Injury of two or more persons * $200,000 for damage or destruction of property Insurance may not be can by insurer unless there is 10 days written notice to the city. If insurance is canceled= licensee must replace with another policy which conforms to ordinance requirements. The license Is suspended until insurance is replaced. 2. Surety bond in the amount of $2500 naming City as bondholder. 3%// Worker's compensation Insurance certificate - when such insurance is required by state statute. /� 4J /� ! `1 /t Certification by Agronomy Division of Minnesota Department of Agriculture as a Commercial Pesticide Applicator must be provided by the applicant or employee administering chemical substances. SIGNATURE OF APPLICANT: r�67 - .1 1 (phone #) l �, 3 Z (phone #) / () (title) (date) OFFICE USE: Date Paid: Receipt #: N Amount received: City Council Approval: (date) DATE _ CITY OF EAGAN ON SALE FEE 3830 PILOT KNOB ROAD _OFF SALE FEE EAGAN, MINNESOTA 55122 TEMPORARY FEE $25.00 APPLICATION FOR NON -INTOXICATING MALT LIQUOR LICENSE PLEASE PRINT � 09A -,b 0 . APPLICANT /7P�� EI?A�lM 096 fhb Q�IQLW (Last) (First) (Middle) Address_- ��' �%� : I -+ 1411f (Street) li J r /Yl nl , (City) r (State) (Zip) Phone P %U ' 3 aiU Birthdate —/0 — L- -7 TRADE NAME �'�UAD ):::" 2Z C1 Address D-1 5 C( ( F)' pc-: cA (Street) (City) &g _ c, (State) ' (Zip) Phone_ _ l NEW RENEWAL TEMPORARY OWNER-34AME_rf %"PSL-� ��✓! �/er�G i - Q<'G✓ /' g� (Last /� (First) (Middle) Address � C,f , ✓ (Street) (City) d 9 Birthdate--3?C(State) (Zip) Phone /0 r l d —E I MANAGER'S NAME (Last) (First) (Middle) (Street) (City) (State) (Zip) Phone Birthdate HEREBY APPLIES FOR NON4NTOXICATING LIQUOR LICENSE for the year �Cirt 6 from ? / 0 to (month) (date) ,s (month) (date) Event: Location: (for temporary license) (Address) STRONG BEER: Yes No Applicants who have an on -sale wine license, and have 50% gross earnings from food, may sell strong beer without an additional license. Applicants who elect to sell strong beer must carry liquor liability insurance. Are you the actual proprietor? Yes (, ) No ( ) Are you the owner of the property of the business location? Yes () No (� Has any other license of this kind been granted to you? Yes () No wil Where (City) (Year) Are any taxes, assessments or utility bills for the permises unpaid or deliquent? Yes ( ) No K. If yes, give reason. During the past year, has a summons been issued under the Liquor Civil Liability Law MS 304.A802? Yes () No ( ). If yes, attach summary copy. Have you ever been convicted? Yes () No N City (Other than a traffic offense) Is this a joint ownership or silent partnership? Yes (A No ( ). If yes, please attach a listing of complete names, dates of birth, addresser} and telephone numbers fo everyone involved. C lb1'a1pP1�Y!I� I HEREBY VERIFY THAT THERE HAS BEEN NO CHANGE IN OWNERSHIP OR MANAGERS IN THE PAST YEAR. THE LICENSEE HEREBY AGREES TO INDEMNIFY AND HOLD EAGAN HARMLESS FROM ANY AND ALL CLAIMS OR SUITS INCLUDING ATTORNEYS FEES AND OTHER DEFENSE COSTS, WHICH THE CITY OF EAGAN MAY INCUR BY REASON OF ANY ACTIVITIES ARISING FROM THE GRANTING OF THIS 3.2 BEER LICENSE. I (we) HEREBY AGREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF MINNESOTA AND THE ORDINANCES OF THE CITY OF EAGAN. THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. AUTHORIZED SIGNATURE 610/Q (First) (Full Middle) ast) FOR CITY USE ONLY P / POLICE APPROVAL: YES (+�NO O SIGNEDU t. r OJ G� �9' y�� 7 DATFD rv.,D MINNESOTA DEPARTMENT OF PUBLIC SAFETY r LIQUOR CONTROL DIVISION 333 SIBLEY ST., ROOM 440 Y ST. PAUL, MN 55101 PHONE 612-296-6430 or 612-296-6434 k ,(OFF -SALE INTOXICATING LIO OR LICENSE APPLICATIO14 OR THE RENEWAL OF AN OFF -SALE INTOXICATING LIQUOR LICENSE APPLICATION TYPE ® NEW OR TRANSFER - COMPLETE SECTIONS 1, 2, AND 4 CHECK ONE ❑ RENEWAL - COMPLETE SECTION 1, 3 AND 4 All Licensees most have a $20 Retailers Buyers Card renewable each year. New Licensees call 612-296-6430 or 612-296-6434 for application and information. LICENSEE'S SALES AND USE TAX ID NUMBER To apply for sales tax number call 296-6181 or 1-800-657-3777, If a corporation, an officer shall execute this application. If a partnership,.a partner shall execute this application. S Licensee Name (individual, Corporation, Partnership) Trade Name or DBA E CELLAR'S WIN P C license Location (Street.Addtm— T 2113 Cliff Road I City EAGAN 0 _ 0Name of Store Manager INC. I CELLAR'S WINES & SPIRITS I License Period i Applicant's Home FromTo County State Zip Code DAKOTA 55122 Business Phone Number Date of Birth (individuai aoolican 1 If a corporation, state name, date. of birth, address, title, and shares held by each officer. If a partnership, state names, address and date of birth of each vartner. Partner Officer (first middle last) DOBTitle Shares Address City BERNARD REECK 6/4/,7, 25% 1232 Duluth Court map -levo sl Partner Officer (first middle last) DOB Title Shares Address City Burnsville, Mn. RA LEY KENT WEISS 6/7 4 25� 2201 Ra mar Ct 55337 Partner Officer (first middle last) DOB Title Shares Address City White Bear Lake, TIMOTHY R. GECK 17/4/415 25% 4560 Lake Avenue Mn.' 55110 Partner Officer (first middle last) I DOB I Title Shares Address Cir., THEODORE PAUL REECK19/9/19 250 21370 Hockstra Ave. N. Forest Lake, Mn. 55025 S 1. If a corporation, date of incorporation , state incorporated in Mn . amount of authorized capitalization E S 1 n n , n n n _ , amount paid in capital ,N , if a subsidiary of any other corporation, so state _ C) . give purpose of corporation if incorporated under the laws of another state, is corporation C authorized to do business in the state of Minnesota? Number of certificate of authority T 2. Describe premises to which license applies; such as (first floor, second floor basement etc. or if entire building, so state I 1st or- Cedar iff Sho in Center, 'L 113 CIM Rd. Eagan, MN7-55-122 0 3. Is establishment located near an state university, � y state hospital, training school, reformatory or prison. NO . ,state approximate distance Suite E . , 55122 4. State name and address of owner of building Cedar Cliff Pronerties LLC -2127 Cliff Rd. , E;ac?an 2 Has owner of building any connection, directly or indirectly, with applicant? SOr S. Is applicant, or any of the associates in this application, a member of the_ governing body of the municipality in which this license is to be issued? Nr, if so, in what capacity? 6. State whether any person other than applicants has any right, title or interest in the furniture, fixtures, or equipment for which license is applied, and if so give name and details. None! . _ 7. Have applicants any interest whatsoever, directly or indirectly, in any other liquor establishment in the state of Minnesota? Vpc _ Give name and address of such establishment Please see attached Exhibit "A" rS 9236 (6-92) 4 S E C T 8. Are the premises now occupied, or to be occupied by the applicant entirely separate and exclusive from any other business Oestablishment? Yes N 9. If a drug store, state length of time the store has been in operation_ N/A 2 C 10. State whether applicant has or will be granted, an On -Sale Liquor License in conjunction with this Off Sale Liquor License, and for ° n the same premises No. t n11. State whether applicant has, or will be granted a Sunday On -Sale Liquor License in conjunction with the regular On -Sale Liquor U e License No. d 12. 'If this application is for a County Board Off -Sale License, state the distance in miles to the nearest municipality S 1. State whether applicant, or any of the associates in this application, have ever had an application for a liquor license rejected by any E municipality or State authority; if so give dates and details No li uor License Rejections C T I 2. Has the applicant, or any of the associates in this application, during the five years immediately preceding this application ever had a 0 N license under the Minnesota Liquor Control Act revoked for any violation of such laws or local ordinances; if so, give date and details 3 No. 3. State whether applicant, or any of the associates in this application. and employees while employed by applicant during the past five years were convicted of any Liquor Law in this state, or under Federal Laws, and if so, give date and details 4. During the past license year, has a summons been issued under the Liquor Civil Liability Law (Dram Shop) M.S. 340A.802 ❑ Yes ❑ No If yes, attach a copy of the summons. S This licensee must have one of the following. Check one: (ATTACH CERTIFICATE OF INSURANCE TO THIS FORM.) E ❑ A. Liquor Liability Insurance (Dram Shop) - S50,000 per person, 5100,000 more than one person; S10,000 property destruction; C T 550,000 and 5100,000 for loss of means of support. IaQ B. A surety bond from a surety company with minimum coverages as specified in A. "a C. A certificate from the State Treasurer that the licensee has deposited with the state, trust funds having market value of $100,000 4 or $100,000 in cash or securities. I eertif that I have read the above questions and that the answers are true and correct of ml own knowledge Print name of�applicant t&& titles Signatur o pplicant Date REPORT BY PO PARTMENT This is to certify that the applicant, and the associates named herein have not been convicted within the past five years for any violation of laws of the State of Minnesota, or municipal ordinances relating to intoxicating liquor except as follows Police Department Title Sign re A-- /} ,J ?, D , 1 N . el to I nl YYI,� IMPORTANT NOT E AM -)l All retail liquor licensees must have a current Federal Special Occupational Stamp. This Stamp is issued by the Bureau of Alcohol, Tobacco, and Firearms. For Information call 612-290-3496. f .:1: .1 Section 2 7. Have applicants any interest whatsoever, directly or indirectly, in any other liquor establishment in the state of Minnesota? Yes. Give name and address of such establishment(s): Cellars Wines & Spirits of Bloomington, Inc. 10522 France Ave. South Bloomington, MN (Liquor Retail) Cellars Wine & Spirits of Woodbury, Inc. 8470 City Center Drive Woodbury, MN (Liquor Retail) Cellars Wines & Spirits of Roseville, Inc. 1849 County Road "C" West Roseville, MN (Liquor Retail) Cellars Wines & Spirits, Inc. 859 Village Center Drive North Oaks, MN (Liquor Retail) 1: C:OMNFINTOC\CELLARS.2