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01/22/2002 - City Council RegularRevised 10:10 -Friday AGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING JANUARY 22, 2002 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS & PRESENTATIONS ~ A. Kay Gustafson 3 B. David Rugg yC. Presentation of Plaque -Bond Rating Upgrade IV. CONSENT AGENDA /~ S A. APPROVE MINUTES /~ / ~B. PERSONNEL ITEMS r ~ 3 C. APPROVE 2002 hcense renewals. ~~ S D. APPROVE exempt gambling permit for Saints Martha and Mary Episcopal Church. ~~6 E. DIRECT preparation of Ordinance Amendment, Chapter 5, Section 5.51, of the Eagan City Code entitled Beer, Wine and Liquor Licensing and Regulation. ~~ ~ F. DIRECT preparation of Ordinance Amendment, Chapter 5, Section 5.52, of the Eagan City Code entitled Beer, Wine and Liquor Licensing and Regulation. n ~g G. APPROVE name change on liquor license from Holiday Inn/Minneapolis Airport to Crowne /_ Plaza Hotel -Minneapolis Airport / Eagan. P,~ H. SCHEDULE hearing for suspension of liquor license for Holiday Inn Select/Minneapolis Airport. ?I. APPROVE Comprehensive Guide Plan Amendment and Rezoning for the EHW property on the Southeast comer of Diffley Road and Johnny Cake Ridge Road. P3 ~ J. AWARD contracts for Community Center construction. 3~ K. APPROVE Change Order No. 8, Contract 00-07 (TH 13 Upgrade -Street and Utility Improvements). Pig L. APPROVE plans and order advertisement for bids, Contract 02-01 (Beacon Hill, Brittany Additions, Johnny Cake Ridge Addition, Covington Lane -Street Overlay). P39 M. APPROVE fmal payment and authorize City maintenance, Contract 01-02 (Eagandale Center Industrial Park -Street Overlay). SON. APPROVE Acquisition Agreement, Project 800 (Cedarvale /Silver Bell Road Access Improvements -Donut Express). O. APPROVE Agreement for Legal Services to the Burnsville / Eagan Telecommunications Commission between the City of Burnsville, The City of Eagan, and Creighton, Bradley & Guzzetta, LLC. 1~,ZP. APPROVE Easement Agreement for Project 771, LTEC Properties (Lexington Avenue Street and Utility Improvements. !., 3 Q. APPROVE change to Fee Schedule. ~C~'IZ. APPROVE Temporary On-Sale Liquor License for Saints Martha and Mary Episcopal Church. y,d S. APPROVE Exempt Gambling Permit for Metro Chapter of MN Waterfowl Association. J ~fT. DIRECT preparation of Ordinance Amendment, Chapter 2, Section 2.50, of the Eagan City Code 7 / entitled Advisory Commissions and Committees generally. V. 6:30 -PUBLIC HEARINGS y~ A. PROJECT 862, Dodd Road, Camberwell Drive to Wescott Road (Street, Utility and Trail Improvements). VI. CITY ORGANIZATIONAL BUSINESS ~~~A. Advisory Commission Appointments r ~~y E. Council Meeting Procedures ~ Jp B. Acting Mayor j~~ ~~ F. Standing Committee Appointments ~,Q C. Official Legal Newspaper ~~ 3~/ G. Other Appointments ~i~y D. City Council Meeting Schedule 7 VII. OLD BUSINESS VIII. NEW BUSINESS ,37 A. REZONING & PRELIMINARY SUBDIVISION - MANLEY BROS. CONSTRUCTION. A // (~B. CONSIDER FUNDING for CDBG for Fiscal Year 2002. ICJ / Rezoning of approximately 10 acres from A (Agriculture) to R-1, (Residential Single Family) and a Preliminary Subdivision (Natures Edge) to create 20 single famly lots for property abutting the west side of Dodd Road, south of Cliff Road and north of McFaddens Trail in the NW '/4 of Section 36. IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads XI. ADJOURNMENT X1I. VISITORS TO BE HEARD (for those persons not on agenda) (Ten minute time limit) XII. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. `r'te,, MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 18, 2002 SUBJECT: AGENDA INFORMATION FOR JANUARY 22, 2002 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the January 22, 2002 City Council agenda, the following items are in order for consideration. Agenda Information Memo January 22, 2002 Eagan City Council Meeting III. RECOGNITIONS AND PRESENTATIONS A. KAY GUSTAFSON FACTS: • Kay Gustafson, the 2001 Eagan Convention and Visitor's Bureau's Person of the Year, has shown exemplary commitment to the City of Eagan. • Kay was instrumental in developing Eagan's first Art House, and has served as President of the Dakota County Arts & Humanities Council since 1995. • In 2000, Kay was named Chair of the Yankee Doodle Arts & Crafts Festival, and was responsible for raising $7,500 in the festival's first year. • In addition to her many other responsibilities, Kay also spearheaded the Grandfather Tree project, which moved a 150-year old Bur Oak into Central Park, where it will soon stand in front of Eagan's new Community Center, at the heart of the City. • To honor Kay for her volunteerism and commitment to enhancing the City of Eagan, the City Council would like to present Kay Gustafson with the 2001 Spirit of Eagan Award. Agenda Information Memo January 22, 2002 Eagan City Council Meeting III. RECOGNITIONS AND PRESENTATIONS B. DAVE RUGG FACTS: • As an Eagan resident, Dave Rugg has continuously displayed an admirable spirit of volunteerism to the City of Eagan. • Dave has met with the Council on numerous times to offer his expertise and commitment to establishing a City Strategic Plan. Dave was instrumental in assisting the Council with the creation of the 2001-2002 City Council Strategic Plan, which sets forth nine Council goals, along with specific objectives and strategies necessary to complete these goals. • Additionally, Dave volunteered his time to assist Carl Neu, a prominent local government advisor, by serving as a presenter at the 2001 National League of Cities Conference in Atlanta, Georgia. At the conference, Dave and Carl presented a session on World Class Councils, where the Eagan City Counci] was one of two Councils across the country recognized as a model, world-class council. • In addition to his work with the Council, Dave has also volunteered his time to work with City staff in implementing a performance measurement system to enhance the service delivery to Eagan residents. • To honor Dave for his commitment to the City of Eagan, the City Council would like to present him with the 2001 Spirit of Eagan Award. 3 Agenda Information Memo January 22, 2002, Eagan City Council C. PRESENTATION OF PLAQUE -BOND RATING UPGRADE Dave MacGillivray, principal with Springsted, will be present at the meeting to present the City with a plaque in official recognition of the increase in bond rating from Moodys Investor Service. As a part of the sale of the bonds for the Community Center, Moodys increased the City's bond rating from Aa2 to Aal . The increased rating places Eagan in the top 6% of cities nationwide as rated by Moodys. There is no official action required on this item. This is a celebration recognizing the strong financial position of the City, as reflected in the increase in the bond rating. Agenda Information Memo January 22, 2002 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the January 8, 2002 regular City Council meeting and the January 8, 2002 Listening Session as presented or modified. ATTACHMENTS: Minutes of the January 8, 2002 regular City Council meeting are enclosed on pages through ~. Minutes of the January 8, 2002 Listening Session are enclosed on page ~. S MINUTES OF THE A regular meeting of the Eagan City Coii:}~q~:sday, January 8, 2002 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada ti21~~Co~ilmembers Bakken, Cazlson, Fields and Tilley. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary !Deputy Clerk Mira McGarvey. z: ,r.• City Administrator Hedges requested that item~~ ~ti11ecl ti the Consent Agenda for discussion; item Q be pulled from the Consent Agenda for questions; an~li~fn B undgf;~blic Hearings be continued per the request of the applicant. Mayor Awada suggested that item Q;~er the Cpp~nt Agenda be left on the Consent Agenda and time be allowed for any questions. Councilmeut~i7f:,~'~eed. • Councihnember Fields moved, Couiicilmember TiIIC}cricled a motion to remove Item N from the Consent Agenda for discussion. Aye: 5 Nay: 0 Mayor Awada moved, Councilmember Tilley seconded a motion to continue a Variance request for Manley Brothers Construction indefinitely at the request of the applicant. Aye: 5 Nay: 0 Councilmember Tilley moved, Cou~3lst}bar Bakken seconded a motion to approve the agenda as amended. Aye: 5 Nay:0 • CO~~ENT AG)~~lipiay;' A. Minutes. It was recommended to approgg;r~.pfies~Iif'tlie December 18, 2001 regular City Council meeting as presented. B. Personnel Items. ' 1. It was recommended to approve the hiring of Timothy McCarthy as a police officer. 2. It was recommended to accept the letter of resignation from Utility Maintenance Worker Wayne St. Martin. 3. It was recommended to approve the Miring of Dylan Pinter as a Concessions Worker. 4. It was recommended to approve the ~irinp of Jose~h•Balzer as an Arena Supervisor. 5. It was recommended to approve the}jrn'o-,$:~t~;.3S1~:~ "es$:,~ a Guest Relations Manager for Cascade Bay. '~ :... C. License Renewals. It was recommend~tT'fo:a~pfove~~~:~i'~Ce~~i~ntractor license renewals; Commercial Fertilizer License Renewals; Pet Shop License renettJ~tls; Trash;~~ttler License Renewals; and Tobacco License Renewals. D. Name Change -Liquor License. It was recommez~ to apprgtito a name change on the liquor license for Bonfire restawant, located at 1555 Cliff road, to AXeq's Bonfit{;iA~ood Fire Cooking. E. Name Change=Liquor License. It was recommended to appi~tive a change in management on the liquor license for Stuart Anderson's Cattle Company located at 1288 Promenade Place. F. Ordinance Amendment. It was recommended to approve a correction of a typographical error to ordinance amendment =Chapter 5, Section 5.02, Su6d. 4(H), Liquor Sales Violations. G. Liquor Sales Violations. It was recommended to continue the.~cbeduling of a hearing for Holiday Inn Select regarding liquor sales violations indefinitely. '~ ~ ~ ~~ H. Extension for Recordine Conditional Use Permit. It was reccended to approve an extension of time to record a Conditional Use Permit for I~jt~cX~13: .located at 3131 Sibley Memorial Highway in the NW '/. of Section•9. f;:~:.:::.~:•:=;:::~':~::: I. Financial Guarantee -Wescott Townhomes. ~It ~was•iecoinaien~'ed to approve the release of the landscaping and irrigation financial guarantee for Wescott Townhomes. J. Final Subdivision. It was recommended to approve a Final Siibi$vision to reconfigwe the i>lterior property line between Lots 8 and 9, Block 1, Majestic Oaks Second Addition MMajestic Oaks Third Addition) located north of Cliff Road on Majestic Oaks Place in the SE '/. of Section 25. K. Proiect 751R. It was recommended to receive the draft revised Feasibility Report for Project 751R (Dodd Road, Cliff Road to Butwin Road -Street, Urility and Trail Improvements) and schedule a public hearing to be held on February 5, 2002. . L. Project 857. It was recommended to receive the Draft Feasibility Report for Project 857 (Skyline Road -Trail Improvements) and schedule a public hearing to be held on February 5, 2002. 6 Eagan City Council Meeting Minutes January 8, 2002 :s: ••••• •••• ••••• Page 2 • . .••• M. 2002 Street Maintenance Joint Powers A•••,• It was recop}~~3ed to approve the 8-City Joint Powers Agreement for Street Maintcnance Contractu~'1r$;gi~ifi~;titt$:eti>~gsize the Mayor and City Clerk to execute all related documents. f•' L'= ... O. TIF District No. 2-4. It was recommended to reschedule a Public Hearing to consider establishing Northeast Eagan TIF District No. 2-4 to Tuesday, February 19, 2002. P. Community Room Renovation Project. It was recommended to award the contract for renovation of the City Hall Community Room to Construction R4~tilis..CP?P.• Q• approve the proposed contract awards for the Community Center, 1501 Ccntral Parkway"' ~":;: ~ ~ == ~`~ ~'°~:; :'•: R. Extension for Recordine Final Plat. It was recommel~0~ to appr~i!i~~n extension of time to record the final plat for Kennerick Addition, located north of Lone Oak $:q~ and wes1,4{` Pilot Knob Road in the SE '/, of Section 4. S. Project 790R. It was recommended to authorize aDc •• ;moment tpi;~ Feasibility Report for Project 790R (Central Parkway -Street and Utility ImiL~~bji:,;~?ci;~iilting Group. .... ~ ~:; Councihnember Bakken moved, Councihnember Tilley seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 N. Project 776. Right of Way and Highway Construction Agreement with Dakota County for City Project 776 (Yankee Doodle Road extension - Highycay 149 to Inver Grove Heights). City Administrator Hedges introduc~~'~tlii~tke~?Fding an agreement with Dakota County for the Yankee Doodle road extension -Highway 149 to ~nv~'i'4ib?t~g}lts. He discussed concern expressed by Inver Grove Heights that if Yankee Doodle Road is ext~ggiled, there 'tvil'I b~ support from Eagan for Phases II and III which are entirely in Inver Grove Heights. He s{d th~I ~ y~~gfi>'t~is being submitted to the Council for consideration, that states Phase I of the pro~ecl,is;tea;~.;liiftIt'icoinmunities and Phase II and III is all in Inver Grove Heights and that Eagan will support:'~~1ei•~'tSoodle extension in it's entirety and further commits to providing continuing support and assistancA'I`oi additional funding solicitations and project approvals for Phases II and III. Motion was made by Councihnember Carlson ,seconded by Councilmember Bakken to approve the Right of Way and Highway Construction Agreement with Dakota County for City Project 776 (Yankee Doodle Road extension - H 149 to Inver Grove Hei I~p. • •~t~yyy~hx lula~~or and City Clerk to execute all related documents. Aye: 5 Nay: 0 ~... ~,~~• • • • • • • • • • • Councihnember Carlson moved, Councihnember'1~3Gy second~;a motion to approve a resolution stating support for Inver Grave Heights in the extension of Y~cYre Dood~;~toad. Aye: 5 Nay: 0 PUBLIC HEARII1jf`.~•~ VARIANCE -STEVE AND DIANE PAGE City Administrator Hedges introduced this item regarding a Variance to the required 5 foot side yard setback for a deck in a residential zoning district at 1368 Wilderr~tRun Drive. Senior Planner Ridley gave a staff report. '' s:: Mayor Awada opened the publi~cg;~¢g•~tq:~ublic comment, she closed the public hearing and turned discussion back to the Counc "' • • ~ ' • • • • • • • • Councihnember Bakken moved, Councihnember Tille~conded a motion to approve a Variance to the minimum side yazd setback for a deck on property at 1368 Wildtt~hess Run Drive (Lot 2, Block 1, Wilderness Run 1" Addition). Aye: 5 Nay: 0 VARIANCE - MANLEY BROTHERS CONSTRUCTION (4715 ISABELLE COURT) Continued per the request of the applicant. Eagan City Council Meeting Minutes January 8, 2002 •.•.• •••• ••••• Page 3 ... , • , • • EASEMENT VACATION - LO'~:.BLOCK 3, H~#~;~OF STONEBRIDGE PLAT 2 ••'li ::::•.• '•••'':•:.•:•:•~ :':'•.:••' City Admuustrator Hedges introduced this'3'iei~t;ijc,'d~e vacation of public drainage and utility easements within Lot 15, Block 3, Hills of Stonebridge Plat 2. Public Works Director Colbert gave a staff report. Mayor Awada opened the public hearing. The applicant spoke briefly on the background of the property. There being no other public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. ~, • . • • f: Councihnember Tilley moved, Councihnembet~~QCken•sec~i3ed a motion to approve the vacation of public drainage and utility easements within Lot 15, B1~3, Hills of Sfonebridge Plat 2 and authorize the Mayor and City Clerk to execute all related documents. Aye;.~~tty: 0 • • • " • EASEMENT VACA' (UNISYS CORPORATION) PARK ADDITION City Administrator Hedges introduced this item regarding the vacation of public drainage and utility easements within Lot 2, Block 1, Unisys Park Addition. Public Works Director gave a staff report. Mayor Awada opened the public lac•;:: ;j'here being no public comment, she closed the public hearing and fumed discussion back to the Council. Councihnember Bakken moved, Counci)t}iember Cai~l~soii•sec9nded a motion to approve the vacation of public drainage an utility easements within Lot 2,'.'~iock ],,I;kty;~tfi;c Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5; f$~}r;:y~;;:;; ;:::•:~ ~''~ •' ~• 'NEVV BUSINESS ORDINANCE AMENDMENT SECTION 2.81 (MUNICIPAL PLANNING FEES) City Administrator Hedges discussed this item regarding an ordinance amendment incorporating municipal planning fees into the City Code. Councihnember Carlson moved, ~Councilmer~bei~'it?~:s'~~i~unded a motion to approve an ordinance amendment incorporating"municipal planning fees intii;S~ City Ci?~2~ Aye: 5 Nay: 0 NOTIFICATION TO MN DEPARTMENT,CONIIV##~tCE REGARDING COMMENTS ON CURRENCY EXCHANGE LICENSE APPLICATIbIV FOR ~?A:~DAY, INC. AT 3450 PILOT KNOB ROAD City Administrator Hedges introduced this item regarding an application to the Minnesota Department of Commerce to operate a currency exchange business known as Payday, Inc. A brief discussion was held and it was the consensus of•~~ouncil that a currency exchange use is not consistent with the zoning that governs the subject property. :;;. :•.•: Councihnember Carlson move~j,•;i~itr~st~:$econded a motion to approve the notification letter to the Minnesota ISepartment of Ca't'r'B~iei+c+d~~ega~io~tidiliti:ats on currency exchange license application of Payday, Inc. at 3450 Pilot Knob Road. Aye: 5 Nay: 0 8' ~.~ --_ Eagan City Council Meeting Minutes ~~ January 8, 2002 f' ••••• •••• ••••• Page 4 ••. .••• LEGISLATIVE / INT .. `A,.~;ERNMEN~`1~>•~~FFAIRS UPDATE CONSIDER COMMENTS AS REQUEST)t1ft~;~t;~'$'LCRETARY OF STATE'S OFFICE ON CONGRESSIONAL AND LEGISLATIVE REDISTRICTING PLANS AS PROVIDED BY THAT OFFICE City Administrator introduced this item regarding a request by the Secretary of State's Office to comment on various congressional and legislative redisgictiAg~lans as provided by the Secretary of State. Mayor Awada moved, Councilmemlie>ra'rl~d4:s~cdi~d~'~i;tion to direct staff to draft a letter to the . Secretary of State and attach Councihnember Bakken's menu reg~ing various congressional and legislative redistricting plans. Aye: 4 Nay: 0 CouncilmembeF;~'~ley abstay:}g~ due to tack of time to review the document submitted by Councihnember Bakken. _ _ _ _ _ .. _ . _ ' :. REQUEST BY GOLF COURSE EXPLORATORY EXECUTIVE COMMITTEE TO PROVIDE UPDATE Lisa Perry, representing the Golf Course Executive Committee provided an update to the Council on the progress of the Committee. She stated that~~ Committee's full recommendation and findings will be available by the February 5, 2002 deadline. Howevers~::~,IdF,tgte that it was the Executive Committee's recommendation that the City postpone work on an EAW untir~fe~:c~ir.'~•,toi?~~q move forward was available. The City Council consensus was to delay preparation of the EAW at t~ii5 T2ilreL::::-:~;:;:;:: ~.. SET SPECIAL'; FOU~VrC)~;;)Ii~;1:NG DATE City Administrator Hedges discuss'ei1~C;}eised agenda for a Special City Council meeting for January 17, 2002. Councilmember Carlson moved, Councilmember Bakken seconded a motion to schedule a special Ciry Council meeting for January 17, 2002. Aye: 5 Nay: 0 The meeting adjourned at 7:20 p.m.• • • • • • • • • ~ • • • • • • •' Date ::;::; Deputy City Clerk i"' 'ri %'•.....s ' ........ .... 9 Eagan City Council Meeting Minutes January 8, 2002 f~ •.... •••• ••••• Page 5 ... ,••• VISITbTtB;~~~~~'1~RD Earl Elling, 3295 Highway 55, discussed an easement agreement in conjunction with Project 749, Highway 55 Frontage Road. He questioned why residents that had signed the agreement had not been paid $1.00 as indicated. Public Works Director Colbert sta~ti;~l,'~t#~'A offered $1.06 in cash and had refused to accept. Mr. Elling stated he felt the funds shotil~'be`paic~ ;f q:#~o~i+Mrio~:~ check. Mayor Awada stated that a check . would be issued to Mr. Elling. Mr. Elling also requeste~ minuteS~Qtn a July 31"neighborhood meeting regarding the assessments for Project 749. Staff indicat~~~hey would~~isil a copy of the minutes to Mr. Elling. Mr. • •.. Elling then requested that Mr. Colbert review the traf~~'~nt on H~g~toyay 55 South Frontage Road now•that the Wennsman Homes development is nearing c¢mp3efftob••',a,•i; „ , , , , , , , , ,, Ijyou need these minutes in an alternative form su'efijtiv;e~ripl,, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN SS122, (651) 681-4Gbb;••~fl~~I?fte;.,(6SI) 454-8535). . The City oJEagan is committed to the policy that all pins have et~ytpl;t+fti~?.96 to its programs, services, activities, facilities and employment without regard to race, color, creed, relig~,r~ltpi~dC~t~;~gei', disability, age, sexual orientation, marital status or status with regard to public assistance. Y: }~'' •ftJ :..... .......... ....• /D ~~ MINUTES OF A LISTENING SESSION OF THE DR EAGAN CITY COUNCIL A F T Eagan, Minnesota Januar S 2002 Y Mayor Awada opened the January 8, 2002 Listening Session at 5:30 p.m. in the Community Room of the Eagan Municipal Center. Present were Mayor Awada, Councilmembers Carlson, Tilley, Bakken and Fields. John and Pam Tschida discussed the need for sidewalks to be plowed on the north side of Deerwood Drive, west of Pilot Knob Road. After a discussion regarding the City's Winter Trail Maintenance Program, Council directed staff to arrange for an ISD 196 representative to attend a Council workshop to review their Bus Stop Policy. Jim McGreevey of Larkin Hoffinan Law Firm made a presentation to the Council requesting their support (in the amount of $6,000) for a coalition of cities in the Metro area that are lobbying for legislative action regarding the use of fertilizers containing phosphorous. Council requested that a written request be submitted. Bill Hening of the Golf Course Exploratory Committee asked that the Council consider the possibility of conducting a poll to determine the interest in purchasing the McCarthy property to add to the Patrick Eagan Park. Mayor Awada indicated this would be an issue that should be addressed after the conclusion of the Committees' findings. The Listening Session was adjourned at 6:10 p.m. Date Deputy City Clerk // Agenda Information Memo January 22, 2002 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Part-time Seasonal Broomball Official-- ACTION TO BE CONSIDERED: To approve the hiring of Mike Boyer as a part-time seasonal Broomball official. Item 2. Part-time Seasonal Substitute Preschool Program Assistant-- ACTION TO BE CONSIDERED: To approve the hiring of Midge Anderson as a part-time seasonal substitute preschool program assistant. ~a Agenda Information Memo January 22, 2002 CONSENT AGENDA: C. APPROVE 2002 LICENSE RENEWALS ACTION TO BE CONSIDERED: Approve 2002 Tree Contractor License renewals and a 2002 Commercial Fertilizer License renewal. FACTS: • All applications for license renewals have been reviewed by staff and are deemed acceptable. ATTACHMENTS: • List of applications for 20021icense renewals is attached as page /3 2002 TREE CONTRACTOR LICENSE RENEWALS Lawrence Tree Removal S&S Tree and Horticulture 3363 E. 170' Street 6214 Concord Boulevard Rosemount, MN Inver Grove Heights, MN Top Notch Tree Care 5505 N. Highway 169 Plymouth, MN 2002 COMMERCIAL FERTILIZER LICENSE RENEWALS TruGreen Land Care 357 Ulysses Street NE Minneapolis, MN 55413 /~ Agenda Information Memo January 22, 2002 CONSENT AGENDA: D. Approve Exempt Gambling Permit for Saints Martha and Mary Episcopal Church. ACTION TO BE CONSIDERED: Approve Exempt Gambling Permit and waive fees for Saints Martha and Mary Episcopal Church for a raffle to be held at 4180 Lexington Avenue South on February 9, 2002. FACTS: • The application has been reviewed by staff and is deemed in order. ATTACHMENTS: • Application is attached without page number. ~V' Agenda Information Memo January 22, 2002 E. DIRECT PREPARATION OF ORDINANCE AMENDMENT, CHAPTER 5, SECTION 5.51, OF THE EAGAN CITY CODE ENTITLED BEER, WINE AND LIQUOR LICENSING AND REGULATION ACTION TO BE CONSIDERED: To direct the City Attorney's office to prepare an ordinance amendment to Chapter 5, Section 5.51, entitled Beer, Wine and Liquor Licensing and Regulation as it relates to the daily sports or convention facilities liquor license fee. FACTS: In preparation of the RFP process associated with obtaining a liquor vendor at the Eagan Community Center, staff was asked to review the City Code with regard to the serving of alcohol at this facility. Chapter 5, Section 5.56, provides that the Council may authorize any holder of an on-sale liquor license issued by the city or by an adjacent municipality to sell liquor at any convention, banquet, conference, meeting or social affair conducted on the premises of a sports or convention facility owned by the city or instrumentality thereof having independent policy-making and appropriating authority and located within the city. The license that is authorized for this purpose is known as a sports or convention facility license. Chapter 5, Section 5.5lidentifies the fee associated with this type of license. Currently, the daily sports or convention facility license fee is $50. There is no provision for an annual license or fee. Since it is likely that alcohol will be served at a number of events held at the community center, it was determined that the ordinance should be amended to incorporate an annual fee. Providing the option of obtaining an annual license instead of a daily license for each event will reduce the amount of administrative processing required of City staff. In addition, this provision will reduce the amount of paperwork and expense that would otherwise be required of the liquor vendor if they had to repeatedly apply for a daily license. /6 Agenda Information Memo January 22, 2002 F. DIRECT PREPARATION OF ORDINANCE AMENDMENT, CHAPTER 5, SECTION 5.52, OF THE EAGAN CITY CODE ENTITLED BEER, WINE AND LIQUOR LICENSING AND REGULATION ACTION TO BE CONSIDERED: To direct the City Attorney's office to prepare an ordinance amendment to Chapter 5, Section 5.52, entitled Beer, Wine and Liquor Licensing and Regulation as it relates to the number of on- sale liquor licenses available to be issued in the City of Eagan. FACTS: • In determining the number of on-sale liquor licenses available to the City of Eagan, Minnesota Statute, §340A.413, Subd. 1(2) provides that asecond-class city may issue 18 liquor licenses, plus one for every 2,500 in population over 45,000. For purposes of determining the number of permissible liquor licenses to be issued, the most recent U.S. Decennial Census figures are used. According to the 2000 Census, Eagan's population was 63,557. Using 63,557 as a base figure, the City of Eagan would be eligible for the 18 licenses plus an additional ? for a grand total of 25. • Historically, in 1994, as a response to population growth and mazket demand, the City was successful in obtaining special legislation granting 3 more on-sale licenses in addition to the 18 previously authorized by Minnesota Statutes. This resulted in a total of 21 available on- sale licenses. In 1996, additional special legislation increased the number from 3 to 8 for a total of 261icenses. Further special legislation in 1998 increased the number from 8 to 12 for a total of 30 on-sale liquor licenses. The special legislation is written such that the City is consistently authorized 12 more licenses than the number calculated based on population. • While the latest census figures allow the City to issue 25 on-sale licenses per State Statute, the City still retains the ability to grant 12 additional licenses previously approved by special legislation. Special licenses granted by the legislature are granted for perpetuity unless a specific limitation is place on them and, in this case, there is no such limitation. Therefore, by amending the City Code, the total number of on-sale licenses that will be available for issuance in Eagan will increase from 30 to 37. • For the year 2002, 25 on-sale liquor licenses were issued with 23 issued to restaurants and 2 issued to hotels. Since the City Code currently allows 271icenses to be issued to restaurants and 3 to hotels (30 total), there are 4 licenses available for restaurants with 1 remaining for a hotel. • In 2000, 24 on-sale liquor licenses were issued and, in 2001, 251icenses were issued. Although the past several yeazs does not indicate an immediate need to increase the number of available licenses, the proposed ordinance amendment will provide both the availability and flexibility to address the City's needs, as determined by the market, into the future. • Staff is planning to notify current on-sale liquor license holders of the proposed ordinance amendment when it comes back as new business for City Council consideration. /7 Agenda Information Memo January 22, 2002 G. APPROVE NAME CHANGE ON LIOUOR LICENSE FROM HOLIDAY INN SELECT/MINNEAPOLIS AIRPORT TO CROWNE PLAZA HOTEL - MINNEAPOLIS AIRPORT/EAGAN ACTION TO BE CONSIDERED: To approve a name change on the liquor license for Holiday Inn Select/Minneapolis Airport, located at 2700 Pilot Knob Road, to Crowne Plaza Hotel -Minneapolis AirportJEagan. FACTS: • TCBH, Inc., the entity that holds the on-sale liquor license formerly doing business as Holiday Inn Select/Minneapolis Airport, 2700 Pilot Knob Road, has requested a name change to doing business as Crowne Plaza Hotel -Minneapolis Airport/Eagan. There was no change in stock ownership or management of the hotel, restaurant or bar. Staff does not find any reason to deny the name change. /~ Agenda Information Memo January 22, 2002 H. SCHEDULE HEARING FOR SUSPENSION OF LIOUOR LICENSE FOR HOLIDAY INN SELECT/MINNEAPOLIS AIPORT ACTION TO BE CONSIDERED: To direct the City Clerk to schedule a mandatory hearing for the Holiday Inn Select regarding liquor sales violations and to appoint the City Clerk as the hearing officer of the proceedings. FACTS: • The Eagan Police Department conducts regular compliance checks for underage liquor sales at licensed establishments throughout the year. • Eagan City Code Chapter 5, Section 5.02, Subdivisions 4(G) and (H) identify the hearing procedure and related penalties for those establishments who fail compliance checks. See attached memo from Police Chief Therkelsen providing background information on compliance checks. • Since March of 1999, the Police Department has conducted eight compliance checks at the Holiday Inn Select. The Holiday Inn Select failed compliance checks on Mazch 12, 1991, August 28, 2000, November 8, 2000, January 31, 2001 and November 16, 2001, by serving alcohol to a minor. • According to Eagan City Code Chapter 5, Section 5.02, Subdivision 4(G), a hearing shall be mandatory in the event that the city clerk records three violations in one yeaz or four violations in a three-yeaz period. The purpose of the hearing shall be to determine whether a violation has occurred and the penalty to be imposed, i.e. length of license suspension. The ordinance also allows the City Council to conduct the hearing or appoint an independent hearing officer to conduct the hearing to determine whether a violation has occurred; however, in either case, the Council must determine the penalty. • Since the Holiday Inn Select has met the criteria for a mandatory hearing, the first step in the process is to schedule a hearing to determine if the aforementioned violations have occurred. Based on past precedent, the City Clerk will serve as the hearing officer unless the Council would prefer to conduct the hearing. If the Council desires to preside over the proceedings, this item should be pulled from the consent agenda for further discussion and action. • On June 19, 2001, the Council approved an ordinance amendment to Chapter 5, Section 5.02, Subdivision (H), which identified the civil penalties for liquor sales violations. The ordinance states that, upon the fourth offense within a 24-month period, the license shall be suspended for not less than seven days. Assuming that the hearing determines that the violations did occur, the Holiday Inn Select liquor license would be suspended for not less than seven days with the determination of length made by the City Council at a subsequent regulaz meeting. ATTACHMENTS: • Memo from Chief of Police Therkelsen providing background information on alcohol compliance checks in general and with regazd to the Holiday Inn Select enclosed on pages ~~ through ~. /9 MEMORANDUM EAGAN POLICE DEPARTMENT 3830 Pilot Knob Road Eagan, MN 55122 651-681-4700 651-681-4738 FAX DATE: January 15, 2002 TO: Tom Hedges, City Administrator FROM: Kent Therkelsen, Chief of Polic~~ SUBJECT: Liquor License Violations At the January 22, 2002 City Council meeting, the Council is being asked to duect a heazing to consider liquor license violations at the Holiday Inn Select. The following information is provided as background for council consideration. Holiday Inn Select Since March of 1999, the police department has conducted eight compliance checks at the Holiday Inn Select, with the following results: 3/12(99 Fail 11/8100 Fail 5/19/99 Pass 12/6/00 Pass 3/22/00 Pass 1/31/01 Fail 8/28/00 Fail 11/16lOIFaiI Specific details of each violation will be available for the hearing, when scheduled. Background The Eagan Police Department has conducted compliance testing at all licensed liquor establishments, on and off sale since 1997. With grant funding from the Minnesota Department of Public Safety and "Minnesota Join Together" we are typically able to conduct three checks of each establishment per year. The checks are part of ow strategy to improve public safety by reducing the availability of alcohol to persons under the age of 21. I have attached tables showing our testing results since 1997 at off-sale, beer and wine, and on-sale establishments in Eagan. Testing Protocols Ow compliance testing follows a protocol suggested by the Alcohol Epidemiology Program at the University of Minnesota. The protocol was developed by a committee of law enforcement, prosecutors, public health and educational professionals and is used widely throughout Minnesota. In ow compliance checks, a 18 or 19 yeaz old volunteer, usually a police explorer or high school student enters a licensed establishment with a police officer in plain clothes and attempts to purchase alcohol. If asked for identification the volunteer will produce his or her true I.D., which cleazly shows the volunteer to be under the age of 21. If the server asks the volunteer if they are 21 or older, the volunteer answers truthfully that they are not. If the illegal sale takes place, the server is usually cited by the police officer under City of Eagan Ordinance 5. ] 2, a misdemeanor. The on-duty manager is notified by the on-scene police officer and afollow-up letter (sample attached) is sent to the licensee. A copy of the police report is forwarded to the City Clerk's office for inclusion in the license file for future council consideration. a~ Liquor License Violations-Holiday Inn Select Page 2 A verbal warning is typically issued on the 1 ~' violation at an establishment with a follow up letter sent to the licensee. If the illegal sale is refused, the police officer notifies both the server and the on-duty management of the compliance lest and the fact that the server/establishment passed. A follow-up letter (sample attached) is sent thanking the establishment for their diligence in preventing the sale to a minor. Training for Servers/Establishments Since our compliance testing efforts began, testing, education and prevention have been stressed in our communications with licensed liquor establishments. I have attached a copy of a letter and flyer that was sent to all Eagan liquor establishments in October of 2000, offering free training for licensees and their employees. Unfortunately, the training was not well attended by licensed Eagan establishments. Conclusion Prevention of youth alcohol usage and its attendant problems is a community function. The police department works hard to fulfill our responsibilities in the areas of enforcement and prevention. I am satisfied that our compliance tests are conducted in a fair and impartial manner. In our first tests in 1997, only 60% of Eagan liquor establishments passed. 90% of our establishments passed the most recent test. Our goal is 100% compliance. City Council support in the form of licensing decisions and consistent application of sanctions will ensure the most effective effort for the entire community. Attachments (4) C/ Captain Richard Swanson Captain James McDonald Sergeant Kevin McGrath ai October S, 2000 Dear Business Owner: Prevention of crime is easy, cost effective, and leaves no innocent victims. Alcohol plays a legitimate role in our society, however, excessive and illegal use of alcohol contributes significantly to crime in our community. Research tells us that a very effective prevention strategy we can take includes compliance checks regarding age of purchase laws, efforts to hold adults who provide alcohol to minors accountable for their actions and consistent application of zero-tolerance and DiJI laws. One way we can prevent youth alcohol abuse is to address community policies and practices that promote or restrict youth substance use. We consider most liquor licensees to be responsible and contributing members of our community. In an effort to support the role your managers and employees play, I am encouraging you to send your staff to attend one of two alcohol server training sessions, described in the attached flyer. Sending 90% or more of your managers and employees to the training will certify you to receive a 10% discount on your dram shop insurance. Please help us keep the next generation safe by keeping alcohol out of the hands of our youth. If I can assist you in any way, please feel free to contact me. Sincerely, .~~~~ Kent S. Therkelsen Chief of Police KT:jg Enclosure ~~~~~. ewer Training . . ~° plcohol5 ...,,..• ..- Free training will be provic~ec} by Mites Canning with MBC Productions Mona ,October 23, 2000 4:00 - 5:30 p.m. 7:00 - 8:30 p.m. Mendakota Country Club Farmington Eagles Club 2075 Mendakota Drive 20 Third Street Mendota Heights Farmington (651) 454-2822 (651) 460-8376 Spohsorec~ by your local law ehforcemeht department and the Dakota County Public Health Department RSVP to Shannon Bailey Dakota County Public Health Department by October ~Sth Phone: 651-552-3154 Fax: 651-552-3130 Email: Shannon.baileyCa~co.c#akota.mn.us Ahora c~isponible en espario(, please call to request materials in Spanish c o u N r r ~/ a3 iV~ V W W a O w z O o ~ v ~ ~ o f~7 .Vi ~ A Q ~Qi O ~ N °o '° E 'ti `° ~ '° `Q u v 3 a> v cyo ¢ ~ w Q a N ~ c u m C .-, p ~ ~ Q 3 4 ~ N ti r7" ~ ~ ~ .~" '~"' '~"' ',r '~" ~" ems. ~"' .'1" `~"' '~"' '~" Cn i ~ F ~' ~'^ ~--. ~i F-~ ~" '~" '~" ~ N 4 u ~ ~ ~ u N ~ ~ `+ 3 Q Q Q v ~ 0 ~ N «~ ~ ~ii ~ yi y y ~ •-• 'fl ~ b r O '^ 'S7 N v 3 3 ¢ Q 4 ~ ^ _ ~ ,~ ~ ~ ~ ~ ~ ~ ~~++ G b b O V7 ' ' ' " ' 7 ' " " ' ' " " ' ' " ' " " ' ' " ' "~ ~ z Z z Z ~"~ z 7"' ~" y' ~ M ~" ~" ~ ~" . 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U A G1 A x ~ ~ ~ ~ m a ~ a `,y h, ~ 3 ~ Z a as H W U Q Fy a 0 Y a ~g 3 Y w e L c Y Y V V A a ate. O t u m ~6 Agenda Information Memo January 22, 2002, Eagan City Council I. COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING - EHW PROPERTIES. ACTION TO BE CONSIDERED: To approve and implement a Comprehensive Guide Plan Amendment changing the land use from MD (Medium Density Residential) to RC (Retail Commercial) upon approximately 3 acres of land located at the southeast corner of Diffley Road and Johnny Cake Ridge Road in the NW '/a of Section 28. To approve and implement a Rezoning from R-1 (Single-family Residential) to PD, Planned Development to accommodate a mixed land use development upon approximately 8 acres of land located at the southeast corner of Diffley Road and Johnny Cake Ridge Road in the NW '/o of Section 28. FACTS: • The subject site is currently platted as Outlot B, Mallard Park 4"' Addition.. As conceptually proposed by EHW, the mixed commercial/residential land use consists of approximately a 1/3 to 2/3 area split of the eight acre site between commercial and residential uses, respectively, with the commercial uses being located on the northerly portion of the site abutting Diffley Road and Johnny Cake Ridge Road. • The Advisory Planning Commission held a public hearing on November 27, 2001 and recommended approval of the Comprehensive Guide Plan Amendment and the Rezoning to Planned Development, subject to conditions listed in the APC minutes. • On December 11, 2001, the City Council approved the submittal of the Comprehensive Guide Plan amendment to the Metropolitan Council for review. Action was not taken on the Rezoning, pending Metropolitan Council review of the Comprehensive Guide Plan Amendment. • On January 16, 2002, the City received formal response from the Metropolitan Council that the Comprehensive Guide Plan Amendment is in conformity with the metropolitan system plans and with the Regional Blueprint. Consequently, the City Council may now implement the Comprehensive Guide Plan Amendment and take action on the proposed Rezoning to Planned Development. ATTACHMENTS (1): Correspondence from Metropolitan Council, page ~ December 11, 2001, City Council minutes, pages ~3~ a~ Metropolitan Council Buildirtg communities that work January 15, 2002 Cynthia Kirchoff, Planner J.a-'>j ~ ~ ~`a~'= City of Eagan 3830 Pilot Knob Road - - ~~ - ~ - - Eagan, MN 55122 Re: Comprehensive Plan Amendment -Land Use Designation Change EHW Properties (S.E. Corner of Dif~ley and Johnny Cake Roads) Metropolitan Council Referral File No. 18274-5 Metropolitan Council District 15 Dear Ms. Kirchoff: Metropolitan Council staff has completed its review of the comprehensive plan amendment submitted for a Land Use Plan change. The amendment involves redesignating 3 acres of land from Medium Density Residential to Retail Commercial. The change will accommodate amixed-use development including 3 acres of commercial development and detached single family housing not to exceed 5.5 units per acre on the adjacent 5 acres, which aze guided for Medium Density Residential (4-12 units per acre). While this land use change per se, is not a concern, the overall amount of land guided for attached ownership housing and rental housing in Eagan is something that remains a Council concern. Council staff will send a follow up letter concerning housing goals. Council staff review finds that the proposed amendment is in conformity with metropolitan system plans, consistent with the Regional Blueprint and has no impact on the plans of other units of local government. Therefore, the Council will waive further review and the city may place this revision into effect. The amendment and explanatory materials supplied will be appended to the city's plan in the Council's files. If you have any questions regarding this review, please contact Michael King, Sector Representative/Principal Reviewer, at 651-602-1438. Sincerely, ~~~Q~~ 0~ Phyllis Hansotl', UManager Planning and Technical Assistance cc: Carolyn Rodriguez, Council District 15 - ~ - - Cazen Dewar, Deputy Regional Administrator Eli Cooper, Director, Planning and Growth Management Michael King, Sector Representative /Principal Reviewer ._. Cheryl Olsen, Referrals Coordinator www.metrocouncfl.or ~ ~ Metro Info Wne 602.1888 g 230 East FIRh Street St. Paul, Minnesota 55101-1626 (651) 602-1000 Fax 602-1550 • TiY 291-0904 An Equal OppartunUy Employer Eagan City Council Meeting Minutes December 11, 2001 Page 8 COMPREHENSIVE GUIDE PLAN AMENDMENT City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment changing the land use designation of approximately three acres from MD (Medium Density 4-12 units/ac) to RC (Retail Commercial) and a Rezoning of approximately eight acres from R-1 (Single Family) to PD (Planned Development) located at the Southeast intersection of Diffley Road and Johnny Cake Ridge Road. Senior Planner Ridley gave a staff report. David Schraeder, representing other homeowners in the area, expressed the opposition of the neighborhood of the change in land use designation. He suggested that the item be tabled to allow time for discussions between the City and the neighbors to determine residential friendly businesses to locate in the azea. He stated he felt restrictions need to be implemented in the types of businesses that are allowed. Mayor Awada stated that the Council agrees with Mr. Schraeder regazding the appropriate land use, but due to the circumstances of a settlement agreement, there is little choice but to change the land use designation. She stated that when the land is developed, the Council will ensure that the site design will consider the neighborhood. Senior Planner Ridley discussed the terms of the planned development agreement which include an eight yeaz term and site plan review of future development by the Advisory Planning Commission before City Council action. Councilmember Bakken suggested that wording be included regarding changing the zoning designation of the property upon development to a recognized zoning district. Discussion occurred regarding the rezoning and it was decided that the following conditions, as taken from the APC minutes of November 27, 2001 would apply along with the addition of number 6, as suggested by Councilmember Bakken. 1. The developer shall enter into a Preliminary Planned Development Agreement with the City. 2. The term of the Preliminary Planned Development Agreement shall be eight yeazs. 3. Approved land uses are: a. Commercial uses along the northerly portion of Outlot B comprised of up to two separate buildings and pazking azeas occupying up to three net useable acres for uses including, but not limited to: a drug store; a medical clinic; a convenience center/gas station; a Class I restaurant, a day care center; atwo-story office building; and uses of the same chazacter and intensity. b. Single-family detached housing units on any portions of Outlot B not used for commercial retail and office/services uses, at a maximum density of 5.5 units per gross acre. a9 Eagan City Council Meeting Minutes December 11, 2001 p'^-9 4. Planned Development plans/exhibits relating to a cohesive site design (building materials, landscaping/screening, signage, lighting, pedestrian features, etc.) shall be prepared and submitted as part of the initial commercial Final Planned Development request. 5. Each Final Planned Development application shall require Site Plan review by the Advisory Planning Commission prior to being acted upon by the City Council. 6. Upon full development, the zoning of the eight acres shall be redesignated to a standard zoning district. Mayor Awada moved, Councilmember Tilley seconded a motion to direct staff to prepare and submit the Comprehensive Guide Plan Amendment information to the Metropolitan Council for review of the proposed amendment that will change the Land Use Designation on the northerly 3 acres of Outlot B, Mallard Park 4~ Addition from MD to Retail Commercial (RC) located in the NW %. of Section 28 subject to the following conditions: Aye: 5 Nay: 0 3v Agenda Information Memo January 22, 2002 Eagan City Council Meeting ~• Item. Award Contracts; Community Center Construction ACTION TO BE CONSIDERED: AWARD CONTRACTS; COMMUNITY CENTER CONSTRUCTION BID SECTIONS # 22,23&26 FACTS: • Bids were received for the Community Center construction on December 6~h, 2001 • The City Council has previously awarded a portion of the 36-bid sections. • Approval of bid sections is in order and is being recommended by the Construction Manager, totaling $241,220.00 • Only bid section # 13, metal roof, remains and will be handled administratively as a result of having not received any bids on December 6. ATTACHMENTS none 3/ Agenda Information Memo January 22, 2002 K. CONTRACT 00-07, TRUNK HIGHWAY 13 DIVIDED FOUR-LANE UPGRADE ACTION TO BE CONSIDERED: Approve Change Order No. 8 to Contract 00-07 (TH 13Blackhawk Road -Divided Four-Lane Upgrade) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 00-07 provides for the upgrade of TH 13 to a four-lane divided highway between Silver Bell Road and Yankee Doodle Road and includes the installation of a new traffic control signal at the intersection of TH 13 and Blackhawk Road. • The revisions detailed in the change order address the addition of labor, equipment and materials necessary to raise 3 sanitary sewer manholes and place additional pavement markings, additional pond excavation above the plan quantity and the furnishing and placement of additional earthwork embankment. • City Change Order No. 8 contains two separate work orders, a change order and a supplemental agreement provided by MnDOT that are described heretofore by the individual MnDOT references. • MnDOT Work Order No. 15 addresses the adjustment of three sanitary sewer manholes on the east side of TH 13 to match the newly graded roadway slopes. The three structures were not identified to be raised in the plan. • MnDOT Work Order No. 16 furnishes labor, material and equipment for the placement of additional epoxy pavement markings for crosswalks, pavement messages and cross hatching. The markings address areas of undisturbed inplace bituminous pavement adjacent to the project limits. • MnDOT Change Order No. 3 addresses additional excavation of the pond adjacent to Blue Cross Blue Shield in excess of the Plan Quantity. The additional excavation is necessary to satisfactorily complete the pond to allow it to operate as intended. • MnDOT Supplemental Agreement No. 5 provides approximately 672 cubic meters of additional earthwork embankment along TH 13. The additional material is necessary to construct the roadway shoulder as directed by the Engineer. • The cost of the additional work and material is consistent with bid prices for relevant bid items on this and other projects within the city. • This change order has been reviewed by the Engineering Division and MnDOT and found to be in order for favorable Council action. • The change order provides for an additional cost of $10,755.12 (0.3% of original contract). The associated cost will be the responsibility of MnDOT(50%) and the City's Major Street Fund(50%). ATTACHMENTS: • MnDOT Work Order Nos. 15 & 16, pages ~_ and .~ y . • MnDOT Change Order No. 3, page ~~ . • MnDOT Supplemental Agreement No. 5, pages ~_ and ~. 3~ STATE OF MINNESOTA Page 1 of 1 DEPARTMENT OF TRANSPORTATION WORK ORDER NO. 15 Contractor: Palda and Sons, Inc. City of Eagan Proj. No. 709R 1462 Dayton Ave. City of Eagan Contract No. 00-07 St. Paul, MN 5 5104 S.P. 195-010-04 S.P. 1901-137 Location: From Silver Bell Rd. to 490 m N. Mn. Proj. No. HPP MN27(100) of Yankee Doodle Road in Eagan in Dakota County Contract No. L00235 In accordance with the terms of the contract, you are hereby authorized and instructed to do the work described herein. Work to be completed: This Work Order directs the Contractor to furnish labor, material and equipment and reconstruct three sanitary sewer manholes located right of T.H. 13 approximate metric station 31+267, 31+326 and 31+553. These existing manholes must be reconstructed a total of 4.33 meters in order that the three casting assemblies are co-located wi`h the new finished roadway slopes. These manholes were not identified in the Plan for reconstruction or for adjustment. All work will be in accordance with the Plans, the Special Provisions, Mn/DOT Standard Plates, Mn/DOT Standard Specifications, and as directed by the Engineer. Payment for all work identified in this Work Order will be via Mn/dOT Specification 1904, Extra and Force Account Work. The estimated cost of this Work Order is $3,420.73 Number of attached sheets: None Effect on Contract Time: Contract time will not be revised except as provided under the Contract Provisions of Mn/DOT Specifications 1806. Distribution: S.P. 195-010-04 Group No. O1 - 100% The City of Eagan recommends for approval: Title: GtT'f ~.niG1NFrER- Date: /Z- 1$- bJ Accepted by: Pa a an Sons, Inc. Date: Issued by: Mn DOT Date : /y' ~a~/ cc: Resident Office File 33 STATE OF MINNESOTA Page 1 of 1 DEPARTMENT OF TRANSPORTATION WORK ORDER NO. 16 Contractor: Palda and Sons, Inc. City of Eagan Proj. No. 709R 1462 Dayton Ave. City of Eagan Contract No. 00-07 St. Paul, MN 5 5104 S.P. 195-010-04 S.P. 1901-137 Location: From Silver Bell Rd. to 490 m N. Mn. Proj. No. HPP MN27(100) of Yankee Doodle Road in Eagan in Dakota County Contract No. L00235 In accordance with the terms of the contract, you are hereby authorized and instructed to do the work described herein. Work to be completed: This Work Order directs the Contractor to furnish labor, material and equipment and place the following additional epoxy pavement markings: 21.74 square meters Zebra Crosswalk - White 2.00 each Pavement Message (right Arrow) 4.00 each Pavement Message (left Arrow) 47.55 meters 600 mm Solid X-Hatch-Yellow These items are to be placed on the undisturbed inplace bituminous pavement adjacent to and within the Project Limits. These items are necessary in order to satisfactorily complete the pavement markings of the Project. I:11 work will be in accordance with the Plans, the Special PrJV1SlOnS, Mn/DOT Standard Plates, Mn/DOT Standard Specifications, and as directed by the Engineer. Payment for all work identified in this Work Order will be at the Negotiated Lump Sum Price of $2,154.24 The estimated cost of this Work Order is $2,154.24 Number of attached sheets: None Effect Ori Contract Time: Contract time will not be revised except as provided under the Contract Provisions of Mn/DOT Specifications 1806. DiGtribution: S.P. 195-010-04 Group No. O1 - 100% The City of Eagan recommen s for approval: Title: C ~ Y'`f ~.~GIn1EE~Z Date: ~Z' ~ ~" O Accepted by: Pa a an Sons, Inc. Date: Issued by: Mn DOT n Date : /j'~.~ca„~-sJ o?o"~/ cc: Resident Office File 3y Mn/DOT TF-2184-02 (5/83) Sheet 1 of 1 STATE OF MINNESOTA DEPARTI~;NT OF TRANSPORTATION CHANGE ORDER #3 Contractor: Palda and Sons, Inc. City of Eagan Proj. No. 709R Address: 1462 Dayton Ave. City of Eagan Contract No. 00-07 St. Paul, MN 55104 S.P. 1901-137 S.P. 195-010-04 Location: From Silver Bell Rd. to 490 m. N. Mn. Proj. No. HPP MN27(100) Of Yankee doodle Rd. in Eagan in Contract No. L00235 Dakota County In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: The (P) Plan Quantity for Item No. 2105.607 Excavation Special 1 is changed due to the additional excavation right of Metric Station T.H. 13 between 32+075 and 32+130, located within the Pond Excavation Limits. The additional excavation is necessary to satisfactorily complete the Project's pond excavation and allow the pond to operate as the design had intended. Computations for the changes will be retained in the Project file for future reference. The (P) Plan Quantity for Item No. 2105.607 Excavation Special 1 is increased from 23,428 cubic meters as shown on Plan Sheet Number 3 of 142 to the revised new (P) Plan Quantity of 24,321 cubic meters. Increase - Contract Unit Prices ESTIMATE OF COSTS Item No. Description Unit Ouantity Unit Price Amount 2105.607 Excavation Special 1 m3 893.00 $3.31 $2,955.83 Net Increase this Change Order $2,955.83 Distribution: S.P. 195-010-04 Group No. O1 - 100 S.P. 1901-137 The City of Eagan recommends for approval: Title: Ct~'Y ~-.)GtN~E2 CHANGE IN CONTRACT TIME Due to this change the Contract Time: a. is increastd () by Working ( ) days. is decreased () by Calendar ( ) days. b. is no[ changed (}C). c, may be revised if the work affected the controlling operation (). Date: ~~-_t8_p~ ~~a~ Isstted By: by: Project/•Rasidetx~Cetenep r Date Approved by: Asst. District Engineer Date Accepted by: Contractors Authorized Representative Dace Original to Contractor -- cc: Contr. Admin. Engr., Project Engineer, Materials Office Mrs/DOTS TP-02134-03 (5/88) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL AGREEMENT NO. 5 Sheet 1 of 2 c°"°"`°r~ Palda and Sons Inc Ma "°'~ "°~~ Sure Project No: , . HPP MH27(100) 1901-137, 195-010-04 Add'°'~ 1462 Dayton Ave. '°""°"~ From Silver Bell Rd. to 490 m N. of Yankee Doodle Road in St. Paul, MN SS 104 Eagan in Dakota County Pro.No. F.Y. Aaoun I.D. Dept/Div Seq"etus No. Su(fos Object Vetdor Type Amou"t Ol V PurdiaeTetm AeretNo. C.Cp.I C.CD.2 C.CD.3 C.CD.~ C.CD.S OOONE'i' ~ Type of Ar0 [ ] A4(( J pmd Number Faleed by Ttamactio": AK [ ] A43 () A.6 [ ] Duped Number F.netad by This toturact is amended as follows: WHEREAS: The Contract provides for, among other things, embankment construction between approximate T.H. 13 N.B. Metric Station 32+831 and N.B. 32+920, and WHEREAS: Tl:e Topography Plan and Construction Plan Sheets identify two northbound lanes and a shoulder lane to be built, and WHEREAS: The Cross Section Plan Sheets include the two northbound lanes but excludes the shoulder lane, and WHEREAS: The embankment earth work necessary to build this shoulder lane was not included in the earthwork tabulation, and WHEREAS: The Engineer has determined that additional earthwork embankment quantity is necessary in order to satisfactorily complete the Project, and WHEREAS: The Engineer has determined that the additional earthwork embankment quantity constitutes extra work as provided in Mn/DOT Specification 1403. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AND UNDERSTOOD THAT: 1. The Contractor shall furnish and place additional earthwork embanlrment quantity between approximate T.H. 13 N.B. Metric Station 32+831 and N.B. 33+920 as necessary in order to satisfactorily construct the shoulder lane as directed by the Engineer. 2. The work of this Agreement will be in accordance with the pertinent portions of the Special Provisions, the Mn/DOT Standard Specifications, the Mn/DOT Standard Plates, the Plan and as duected by the Engineer. Ciry of Eagan Froj. No, 709R City of Eagan Contract No. 00-07 Supp. to Contract No.L00234 36 Mrb~DOT TP-0213403 (5/88) Ciry of Eagan Proj. No. 709R STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION City of Eagan Contract No. 00-07 S.P. 1901-137 S. P. 195-010-04 Supp. to Contract No.L00234 SUPPLEMENTAL AGREEMENT NO.S Sheet 2 of 2 3. The estimated compacted volume for Embankment Earthwork is 611 cubic meters (CV). The Mn/DOT Grading and Base Manual 5-692.400 equates 1.0 m3 (CV) to equal 1.1 m3 (BM) bank measurement. The equivalent bank measurement is 672 cubic meters (BM) for the 61 I cubic meters (CV). 4. Payment to the Contractor for embankment earthwork furnished and placed will be at the Negotiated Unit Price of $3.31 per cubic meter (BM) as identified below in the Estimate of Costs. 5. The Contract time will not be revised except as provided ender the Contract Provisions of Mn/DOT Specification 1806. 6. The Contractor shall not make claim of any kind or character whatsoever for any other costs or expenses which he may have incurred or which he may hereafter incur in performing the work and furnishing the materials required by this Agreement. ESTIMATE OF COSTS Increase Items -Negotiated Unit Price Item No. Description 2105 Embankment Earthwork (BM) Unit T~nit anti Price m' 672.00 $3.31 Amount 2 224.32 Total Increase Distribution: S.P. 195-010-04 Group No. O1 - 100% S.P. 1901-137 The City of Eagan recommends for approval: By; t.~ ~_ ~. Title: CtTY ~n1G~n/ E~2 Date: l Z" i S "-O ~ $2,224.32 n APPROVED: APPROVED: Original Contract Date !' ~ Bo1 Commissioner of Commissioner of Finance Project Engineer Administration Approved as to form and execution Dated By Contractor By Dated Dated District Engineer Dated Assistant Attorney General Dated Agency Head 3~ Agenda Information Memo January 22, 2002 L. CONTRACT 02-O1, BEACON HILL, BRITTANY ADDITIONS. JOHNNY CAKE RIDGE ADDITIONS, COVINGTON LANE STREET OVERLAY ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 02-01 (Beacon Hill, Brittany Additions, Johnny Cake Ridge Additions, and Covington Lane -Street Overlay) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, February 14, 2002. FACTS: • Contract 02-O1 provides for the bituminous street overlay of the Beacon Hill, Brittany 1 S` - 6t'' Additions, Johnny Cake Ridge Additions, and Covington Lane from Johnny Cake Ridge Road to Stonecliffe Drive as outlined and discussed in the feasibility report for Project 795. • On November 20, 2001, the City Council held a Public Hearing for Project 795. After the staff presentation, there were no comments from any of the affected property owners adjacent to the project area, so the council approved the project and authorized the preparation of detailed plans and specifications. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. 3 8' Agenda Information Memo January 22, 2002 M. CONTRACT 01-02 EAGANDALE CENTER INDUSTRIAL PARK STREET OVERLAY ACTION TO BE CONSIDERED: Approve the final payment for Contract 01-02 (Eagandale Center Industrial Park -Street Overlay) in the amount of $7,445.02 to McNamara Contracting, and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract O 1-02 provided for the bituminous overlay of the streets contained within the Eagandale Center Industrial Park, north of Lone Oak Road, west of I-35E. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. 3q Agenda Information Memo January 22, 2002 Eagan City Council Meeting N. PROJECT 800, CEDARVALE/SILVER BELL RD. -ACCESS RECONSTRUCTION ACTION TO BE CONSIDERED: Approve Acquisition Agreement and Relocation benefits for Pazcel #10-01900-010-04 (Express Donuts), and authorize the Mayor and City Clerk to execute all related agreements. FACTS: • On February 6, 2001, the City Council approved Project 800 and authorized the preparation of plans and specifications for the reconfiguration of Silver Bell Road, from TH 13 to Beau D'Rue Drive, including the combining of the intersections of Cedarvale Boulevard and Beau D'Rue Drive and the installation of a traffic signal at this new intersection. • The reconfiguration of Silver Bell Road, Cedarvale Boulevard and Beau D'Rue Drive required the acquisition of property for permanent and temporary easements from the adjacent pazcels, as well as the removal of existing structures. • Appraisals were obtained for all required acquisitions. The appraisal of the acquisition for the Express Doughnuts' property included the purchase of the entire property and building. • A mutually acceptable settlement agreement has been reached with the property owners for the amount of $340,000, including relocation benefits. • Administrative staff and the City Attorney's office have reviewed this agreement and found it to be in order for favorable Council action. ISSUES: If the Council wants to discuss any aspect of this settlement, this item should be directed to an Executive Session due to the pending litigation of this eminent domain condemnation process. ~f0 Agenda Information Memo January 22, 2002 Eagan City Council Meeting O. APPROVE AGREEMENT FOR LEGAL SERVICES TO THE BURNSVILLE/EAGAN TELECOMMUNICATIONS COMMISSION BETWEEN THE CITY OF BURNSVILLE THE CITY OF EAGAN AND CREIGHTON, BRADLEY & GUZZETTA, LLC ACTION TO BE CONSIDERED: To approve an agreement for legal services to the Burnsville/Eagan Telecommunications Commission between the City of Burnsville, the City of Eagan and Creighton, Bradley & Guzzetta, LLC. ~}/ Agenda Information Memo January 22, 2002 P. PROJECT 771, LEXINGTON AVENUE DIVIDED FOUR-LANE UPGRADE ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 771 (Lexington Avenue -Divided Four-Lane Upgrade) with the owner of Parcels 10-22515- 020-01 (LTEC Properties, LLC) and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • The City of Eagan is the lead agency in partnership with the Dakota County Highway Department in the upgrade of Lexington Avenue (CSAH 43) to a four-lane divided highway between Lone Oak Road and Yankee Doodle Road and includes the installation of new traffic control signals at the intersections of Northwood Parkway/Neil Armstrong Boulevard and Clubview Drive. • The upgrade of Lexington Avenue required the acquisition of numerous permanent and temporary easements from the adjacent properties. • Appraisals were obtained for all required easements. The appraisal of the easements for said LTEC Properties' property indicated a value of $5,950. In order to settle and avoid additional costs in attorney fees and commissioner's hearings, staff has suggested an offer of $7,500 as an appropriate alternative. The property owner has consented to this offer. • An agreement between the City of Eagan and the attorney representing the LTEC Properties, LLC has been prepared providing for the payment of the acquisition of all necessary easements. • Engineering staff and the City Attorney's office have reviewed this agreement and found it to be in order for favorable Council action. ISSUES: • If the City Council would desire to discuss this item, it would be appropriate to withhold discussion until the Executive Session. ~{ ~ Agenda Information Memo January 22, 2002 Eagan City Council Meeting AMEND CITY OF EAGAN FEE SCHEDULE ACTION TO BE CONSIDERED: Amend the 2002 Fee Schedule to lower permit fees for two plumbing-related items. FACTS: • During its 2001 session, the State Legislature passed H.F. #1310, which limits the amount municipalities can charge for small projects such as water heater and water softener replacements to $15.00 per permit. • The permit fee for on-site sewage treatment systems in 2001 was set at $225.00. The City did not have a licensed inspector on staff to inspect these systems so a consultant was used for periodic permits, approximately 2-3 times per year. The City now has a licensed inspector on staff so the fee should be reduced to $100 to reflect the actual expense. ATTACHMENTS: • Excerpt from 2002 Fee Schedule on page ~_~. ~f3 2002 FEE SCHEDULE INSPECTION FEES/PERMITS (cont'd) Mechanical permits: The Inspections Dept must verify the classification of each multiple-residence dwelling to determine the appropriate permit type. Residential (1-2 family, townhomes, condos) Fee New construction $ 70.00 per dwelling unit Modification/alteration (i.e., furnace replacement} 30.00 (Permit not required for lower-level ductwork alterations.) Supplementary furnace 50.00 per dwelling unit Commercial/Industrial/Apartment buildings HVAC 1 % of contract price ($50.00 minimum) Process piping systems 50.00 Plumbing permits: The Inspections Dept must verify the classification of each multiple-residence dwelling to determine the appropriate permit type. Residential (1-2 family, townhomes, condos) New construction 90.00 per dwelling unit Modifications that alter living area 50.00 Add/replace A/S, softener, water heater X9:59 $15.00 Private sewage disposal system $100.00 x-:58 (includes 40.00 County permit fee a+~ Abandonment of private sewage disposal 50.00 system-demolition Turnaround 50.00 Commercial/Industrial/Apartment buildings All plumbing 1 % of contract price ($50.00 minimum) ~y 10 Agenda Information Memo January 22, 2002 R . APPROVE TEMPORARY ON-SALE LIQUOR LICENSE FOR SAINTS MARTHA AND MARY EPISCOPAL CHURCH ACTION TO BE CONSIDERED: To approve a temporary on-sale liquor license for Saints Martha and Mazy Episcopal Church and waive the $150.00 license fee. FACTS: • Saints Martha and Mary Episcopal Church has requested a temporary on-sale liquor license be issued to them for an event planned for February 9, 2002. T'he charitable event is entitled The Heart of Jazz - a winter party for adults, a benefit for children, which is being held to raise money for Episcopal Community Services and The Spare Key Foundation. Both are United Way agencies. • The application form has been submitted and deemed in order by staff: Saints Martha and Mary Episcopal Church is asking that the $150.00 license fee be waived. Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. ATTACHMENTS: • Application and letter enclosed without page number. ~~ Agenda Information Memo January 22, 2002 CONSENT AGENDA: s Approve Exempt Gambling Permit for Metro Chapter of MN Waterfowl Association ACTION TO BE CONSIDERED: Approve Minnesota Lawful Gambling Exempt Permit for Metro Chapter of MN Waterfowl Association for a raffle to be held January 25`'' at 2280 Cliff Road. FACTS: • The application has been reviewed by staff and is deemed in order. ATTACHMENTS: ~ Application is attached without page number. yb Agenda Information Memo January 22, 2002 PUBLIC HEARING A. PROJECT 862. DODD ROAD -CAMBERWELL TO WESCOTT STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 862 (Dodd Road: Camberwell Drive to Wescott Road -Street and Utility Improvements) and authorize the preparation of detailed plans and specifications. FACTS: • Project 862 provides for the urban upgrade of Dodd Road from Camberwell Drive to Wescott Road including storm sewer and anoff-street trail. • On October 16, 2001, after the close of the public hearing, the City Council approved Project 850, Dodd Road, Diffley Road to Camberwell Drive, as a 36' wide urban street upgrade with a lane of traffic in each direction, a safetylparking lane on the west side and anoff-street trail on the east side with a 4' boulevard. • After the approval of Project 850, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of a similar upgrade of Dodd Road between Camberwell Drive and Wescott Road. • On December 11, 2001, the feasibility report for Project 862 was presented to the City Council and a Public Hearing was scheduled for January 22, 2002 to formally present and discuss the report with the adjacent property owners. • An informational open house was held on January 9, 2002 in the City Council Chambers at the Eagan Municipal Center. Of the properties affected by the proposed improvements, 17 persons representing 15 properties attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, page ~ through /~/ . • Neighborhood meeting minutes, pages ~,~~ through ~~ ~g Agenda Information Memo January 22, 2002 CONSENT AGENDA: T. DIRECT preparation of Ordinance Amendment, Chapter 2, Section 2.50, of the Eagan City Code entitled Advisory Commissions and Committees generally. ACTION TO BE CONSIDERED: To direct the preparation of an Ordinance Amendment, Chapter 2, Section 2.50, of the Eagan City Code entitled Advisory Commissions and Committees generally. FACTS: On January 16, 2002, the City received Correspondence from the State Auditor's Office, in response to an unknown citizen's concern over the City allowing non- residents to be Eagan commission members when the Eagan Code states that only Eagan residents shall be allowed on commissions. In order to update the City Code to current City practice, the City Council is directing the City Attorney to prepare an amendment to Section 2.50 of the Eagan City Code for the January 22 Consent agenda to delete the section of the code that states Commission members must be residents of Eagan. ~~ •~j' ,i. 'fir city of engnn Report for Dodd Road (Ethan Drive/Camberwell Drive to Wescott Road) Street and Utility Improvements City Project No. 862 Eagan, Minnesota December 18, 2001 File No. 49-01-115 49 Bonestroo v Rosene S,~ Anderlik & v, Associates Engineers 6t Architects December 18, 2001 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportuni[y Employer and Employee Owned Principals: Otto G. Bonestroo. PE Marvin L Sorvala. PE Glenn R. Cook, PE. • Robert G Schumcht. PE Jerry A Bourdon, PE. Senior Consultants: Robert W Rosene. PE. • Joseph C Anderlik. PE Richard E. Turner, PE Susan M Eberlm. C PA Associate Principals: Keith A. Gordon, PE • Robert R Pfetferle. P.E Fichard W Fos[er, PE. David O Loskota. PE. Mark A. Hanson, PE. • Micnael 7. Rautmann, P.E. • Ted K. Field, PE. • Kenneth P Anderson. PE. • Mark R Roifs. PE. David A Bonestroo. M.B.A. • Sidney P Williamson. P.E . L.S • Agnes M Ring, M.B.A. • Allan Rick Schmidt PE Thomas W Pe[erson, P.E. James R Maland. PE. Mlles B Jensen, PE. L. Philbp Gravel III. PE. Darnel J. Edger[on, PE Ismael Marunez. PE Thomas A. Syfko. PE. Sheldon J. Johnson • Dale A. Grove. P.E. • Thomas A. Rousnar, PE Robert J. Devery, PE. Offices: St. Paul. St Cloud. Rochester and Willmar. MN • Milwaukee. WI • Chicago. IL Website: www.bone#roacom Re: Dodd Road (Ethan Drive/Camberwell Drive to Wescott Road) Street & Utility Improvements City Project No. 862, BRA File No. 49-01-115 Dear Mayor and Council: Attached is our report for the Dodd Road Street & Utility Improvements. The proposed utility and street improvements are presented and discussed within the report along with detailed cost estimates and a preliminary assessment roll. We will be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss the report. Sincerely, BONFtSTRO , RO ENE, DERLIK & ASSOCIATES, INC. Mar~A. Hanson MAH:crw Enclosures I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of/Mf i sota. Mar .Hanson ~ Date: December 18.2001 License No. 14260 Reviewed by: `'~ 1- ~~ -b Z Dep f Public Works Reviewed by: - 1 ~ L Finance partment Date: ~D 2335 West Highway 3b • 5t. Paul, MN 55113 ^ 651-636-4600 ^ Fax: 651-636-1311 TABLE OF CONTENTS Letter of Transmittal ..................................................................................... 1 Table of Contents ......................................................................................... 2 Scope ......................................................................................................... 3 Reseazch Issues ....................................................:.......................................4 Recommendations ........................................................................................ 7 Feasibility, Necessity, and Cost Effectiveness .............................................. 8 Discussion ................................................................................................... 9 1. Street/Trai1 ..............................................................................9 2. Storm Sewer ...........................................................................10 3. Utility Adjustments ................................................................. 10 4. Utility Services ....................................................................... 11 Cost Estimate ........................................ Easements /Permits/Private Utilities ...... Assessment Area To Be Included .......... Assessments ......................................... Revenue Sources ................................... Project Schedule .................................... ..................................................11 .................................................. 11 .................................................. 12 ..................................................12 .................................................. 13 ..................................................13 Appendix A -Preliminary Cost Estimate Appendix B -Preliminary Assessment Roll Appendix C -Residential Street Equivalent Cost FIGURES Figure 1 Location Plan Figure 2 .Land Use/Zoning Figure 3 Typical Section Figure 4-7 Existing Dodd Road/Right-of-Way Figure 8-11 Proposed Dodd Road/Existing Road Figure 12 Storm Sewer Figure 13 Assessable Front Footage Figure 14 Easements Figure 15-36 Plan/Profile/Cross Sections Dodd Road Street and Utility Improvements ~-~~ 2 SCOPE Dodd Road Street and Utility Improvements (Project No. 862) provide for street improvements in Dodd Road between Ethan Drive/Camberwell Drive to Wescott Road (Figure 1). Dodd Road Street and Utility Improvements from Diffley Road (CR 30) to Camberwell Drive (Project No. 850) was approved at the October 16, 2001 Public Hearing. Dodd Road presently exists for the most part as a 28' wide roadway with a 24' wide bituminous surface (one lane in each direction) and a 2' wide grave] shoulder on each side constructed to a rural cross section (Figure 4-7). Trail and/or sidewalks do not exist. Storm water runoff from the road surface is conveyed overland in road ditches (where they exist) and driveway culverts. Storm water is directed to existing storm sewers (located in and along Dodd Road) and/or onto adjacent property. The existing right-of-way width varies and is also shown on Figures 4-7. The platted property abutting Dodd Road has dedicated the required right-of-way for Dodd Road reconstruction. The land use abutting this segment of Dodd Road is residential with the exception of the two unplatted parcels near Wescott Road, which aze zoned industrial. Nearly all the land abutting Dodd Road was platted and developed in the late 1980's and 1990's. Newly platted lots (approximately 44 lots) have either back lot lines and/or side lot lines adjacent to Dodd without direct driveway access. Three (3) parcels have direct driveway access to Dodd Road. Dodd Road, which was originally owned and maintained by Dakota County, was turned back to the City of Eagan in 1988. Dodd Road is designated a Municipal State Aid (MSA) Road as part of Eagan's MSA road system, and is classified a minor collector in Eagan's Transportation Plan (2000). Sanitary sewer and water main exist in and adjacent to Dodd Road to serve the abutting properties. Therefore sanitary sewer and water main improvements are not proposed (except for adjustments) for this project. Service extensions will be reviewed with abutting property owners with development potential to determine if future lot splits warrant service extension. Dodd Road Street and Utility Improvements ~~ 3 The proposed improvements to Dodd Road for this project (4,926 lineal feet, 0.93 miles), which are the same approved at the Public Hearing (October 16, 2001) for Dodd Road from Diffley Road to Camberwell Drive (Project No. 850) aze summarized as follows: 1. 36' wide road surface with concrete curb and gutter (1 - 12' wide drive lane in each direction, 10' wide safety/parking lane west side, and a 2' wide reaction width east side) 2. Center left turn lane at Elrene Road/Coventry Parkway and Wescott Road 40' wide, (14'thru lane, 12' turn lane, 14' thru lane) no safety lane) 3. 8' wide bituminous trail, east side only 4. 4' wide boulevard between trail and curb east side, 5' wide boulevard west side to slope 5. Storm sewer and catch basins Many alternatives have been reviewed, and based on Council action at the October 16, 2001 public hearing for the Dodd Road Improvements between Diffley Road (CR 30) and Camberwell Drive (Project No. 850), the City Council did approve an urban cross section design. The approved design is a balance between Eagan's standard design for a minor collector road compared to a doing nothing option. The approved design satisfies the road requirements for a minor collector, however, only one trail is proposed on the east side with a 4' wide boulevard. Eagan standards would require a trail on each side of the roadway separated by an 8' wide boulevard between trail and road. The proposed Dodd Road design is the minimum width that state aid would approved, based on the design criteria, and is shown on Figures 15- 361ocated at the back of this report. RESEARCH ISSUES A. TRAFFIC COUNTS The average daily volume is summarized below: Dodd Rd. (north of Diffley) Dodd Rd. (south of Wescott) Average Daily Volume October 16 thru October 19, 2000 4,318 3,383 For purposes of estimating, the average daily volumes recorded October 16 thru October 19, 2000 imply a 2020 projected volume estimate of 6000 for design purposes. Dodd Road Street and Utility Improvements ~~ ~ 4 In addition, turning movement analysis was done at the Elrene Road/Coventry Pazkway, Northbridge Drive/Esk Lane, and Wescott Road intersections to determine the need for center left turn lanes. In general, the analysis shows center left turn lanes are justified at Elrene Road/Coventry Parkway, and Wescott Road. A center left turn lane is not proposed at any of the other connecting streets to this section of Dodd Road, as one is not warranted based on the existing or projected volumes. B. SPEED LIMIT Speed limits on public streets within the State of Minnesota are regulated under the authority of the Commissioner of Transportation. The Commissioner of Transportation is the head of the Minnesota Department of Transportation and is appointed by the governor. The speed limits are determined by the 85`" percentile speed of the road users surveyed. This speed is established by calculating the speed at which 85 percent of the vehicles surveyed would have traveled at or less than. The City of Eagan may request a speed study by the Minnesota Department of Transportation after the completion of any improvements or changes to the existing roadway. The speed study would reflect the appropriateness of the current speed limit of 45 mph on Dodd Road and may include recommendations for revisions associated with any street improvements. C. ACCIDENT ANALYSIS The accident history includes fourteen (14) accidents on Dodd Road, between Ethan Drive/Camberwell Drive and Wescott Road, during the period from Januazy 1, 1997 to August 25, 2000. Five (5) of these accidents involved personal injury. Three personal injury accidents occurred at the intersection of Wescott Road and Dodd Road, while two occurred at Bradford Place. The distribution of the accidents along this segment of roadway is as follows: • Bradford Place & Dodd - 5 (2 injury, 3 property damage) • Welland Ct. & Dodd -1 (property damage) • Elrene/Coventry & Dodd - 5 (all property damage) • Esk & Dodd - 2 (all property damage) • Wescott & Dodd - 5 (3 injury, 2 property damage) Additional analysis of the intersections with the highest number of accidents indicates that they are presently below the insurance industries recommended level (1.0) at which safety Dodd Road Street and Utility ]mprovements ~ ~ S improvements should be considered. The rate of accidents for the time period reflected above is as follows: • Elrene/Coventry & Dodd - 0.62 accidents for every one million vehicles traversing this intersection • Wescott & Dodd - 0.36 accidents for every one million vehicles traversing this intersection Weather and the associated road conditions can play a significant part in the cause of many accidents. Unfortunately accidents are a part of life, so any significant change to a public street should be justified by a significant need for improvement. The present rate of accidents on this segment of Dodd Road is not unusual and is compazable to other similar functional roadways. However, if an urban upgrade of this segment of road is approved by the City Council, it would be a wise investment to include traffic safety improvements, namely protected center left-tum lanes, at Elrene Road/Coventry Parkway and Wescott Road. Center left turn lanes would improve the chances that the number of accidents could be reduced. D. DRAINAGE ANALYSIS The improvements to Dodd Road will increase the impervious surface. However, the increase in impervious azea and its affect on the downstream ponding azeas is minimal. Eagan's Comprehensive Storm Water Plans have assumed Dodd Road at some point would be reconstructed to an urban cross section versus maintaining its existing rural cross section. The critical element in designing the storm sewer to serve Dodd Road is providing proper collection points and conveyance system based on accepted design standards for the City of Eagan. The two low points in Dodd Road (33' south of Bradford Place and 254' north of Elrene Road) are designed so flooding and/or overland storm water flow will not occur fora 1% storm event (6" rainfall for 24 hours). City and MSA standard storm sewer design for a low point is based upon a 4% storm event (4" rainfall for 24 hours). Due to the lack of cmergency overland drainage opportunities on Dodd Road, this higher standazd is being proposed. Three downstream ponding areas (Pond JP-22, JP-23, and GP-4) receive storm water from Dodd Road. The impact to each of these ponding areas by constructing Dodd Road to an urban cross section compared to its present rural cross section depends on the following: Dodd Road Street and Utility Improvements ~~~ 6 • Direct drainage azea percentage (Dodd Road's drainage area compared to ponds direct drainage area) • Percent increase of impervious surface area • Percent increase of storm water volume to pond Summarized below is the impact based on percent comparison for an urban cross section design with trail to the existing rural cross section in Dodd Road: Direct Drainage Area Impervious Surface Storm Water Pond Dodd Road to Pond Area Increase Volume (6" event) JP-22 1.7% 0.8% 0.8% JP-23 1.2% 0.5% 0.8% GP-4 0.9% 0.4% 2.0% As noted, the percentage of direct drainage for each of the three ponds compared to Dodd Road's direct drainage area is less than 2%. The percent increase of impervious surface area and storm water volume is also less than 2%. Storm water design is only an exact science for the selected design storm based on certain conditions. However, many storm events and ground conditions aze likely (frozen ground vs. non-frozen, steep slopes vs. shallow slopes, wooded areas vs. grass azeas, clay soils vs. sand soils, etc.). Therefore, the storm water impact can be best analyzed based on the above table. In summary, the storm water impact of reconstructing Dodd Road from its present rural cross section to the proposed urban cross section is minimal. RECOMMENDATIONS The following is recommended: • Reconstruct Dodd Road to a minimum state aid design standard for an urban cross section road (1 - 12' wide drive lane in each direction, 1 - 10' wide safety/parking lane west side, and 1 - 2' wide reaction width east side). • Provide center left turn lanes (12' wide) at Elrene Road/Coventry Pazkway and Wescott Road. Dodd Road Street and Utility Improvements ~~ 7 • Provide an 8' wide trail on east side separated by a 4' wide boulevazd. • Vertical and horizontal curves comply with Municipal State Aid (MSA) standards fora 45 mph design speed. Request Mn/DOT conduct a speed study after project completion. • Storm water runoff design from low points in Dodd Road based on no flooding and/or overland storm water runoff fora 1% storm (6" in 24 hours). • Dodd Road improvements (Diffley Road to Camberwell Drive) Project No. 850 be combined with this project for bidding and conswction. • After project completion review the engineering criteria for stop signs along Dodd Road between Diffley Road and Wescott Road. • Combine Project No. 862 with Project No. 840 to be constructed as one contract. FEASIBILITY, NECESSITY, AND COST EFFECTIVENESS This project is feasible from an engineering standpoint and is in accordance with Eagan's Comprehensive Plans for Utilities. The street improvements are consistent with Eagan's Comprehensive Plan for similar collector streets with the exception that a trail is only being proposed on the east side with a reduced boulevard. The improvements to Dodd Road are necessary to accomplish the following: • To comply with Municipal State Aid (MSA) requirements • To provide a safe roadway to accommodate both vehicular and pedestrian traffic • To improve and contain storm water runoff in the right-of--way of Dodd Road. • To improve ride-ability Construction methods will be cost effective and conform to industry standazds for streetJutility improvements. Dodd Road Street and Utility Improvements ~~ 8 DISCUSSION 1. Street+''I'rail The proposed improvements in Dodd Road are shown on Figures 8-12 and 14-36, located at the back of this report. The typical road section based on minimum design standards for an urban cross section road (45-mph design speed) is shown on Figure 3. The proposed design section is based on the following: Existing Average Daily Traffic (ADT) ADT = 3800 2020 Projected Average Daily Traffic ADT = 6000 Estimated R-Value for Soil R = 15 Granular Equivalence (GE) GE = 25.25 The roadway/trail design is summarized below: • Roadway Width - 36' wide (1 - 12' wide drive lane in each direction, 10' wide safety/parking lane west side, and 2' wide reaction width east side) • Center Left Turn Lane (12' wide) at Elrene Road/Coventry Parkway and Wescott Road • Bituminous Trail (east side only) - 8' wide (4' wide boulevard between trail and curb) The existing elevation of Dodd Road is generally higher than the abutting land. Therefore, significant elevation changes are proposed in Dodd Road so the new roadbed and trail will be more compatible with the abutting land (see Figure 3 -Typical Section and Figures 15-36}. Much of the previous utility construction in Dodd Road anticipated elevation changes for the reconstruction of Dodd Road. Therefore, except between Camberwell Drive and Bradford Place, the existing public utilities are constructed at adequate depth and alignment to avoid relocation. The proposed 4-foot wide boulevard between the curb and trail is less than the city standazd, which is 8' wide. During the design phase it may be necessary in some isolated locations to reduce the boulevazd width even more, due to existing significant features. If the boulevard must be completely removed, its recommended in these locations the trail be constructed 10' wide to provide an additional safe zone at the curb for pedestrians and a location for signage. A small retaining wall (2-4' high) is proposed at three locations near Bradford Place (Figures 3, I5, and 21-23) to eliminate slope restoration and tree removal beyond public right-of-way. Dodd Road Street and Utility Improvements ~~ 9 trail/retaining wall designs are proposed as shown on Figure 3. The preferred design (wider trail (2')/split rail wood fence design versus a 6' wide fall zone between trail and wall) will be reviewed further during the design phase. The proposed retaining wall length is 650' (450' east side, 200' west side). 2. Storm Sewer The proposed storm sewer extensions are shown on Figures 12 and 15-18. The storm water runoff from Dodd Road will be conveyed in existing storm sewer to Pond JP-22, JP-23, and GP- 4. The proposed storm sewers in Dodd Road will connect to the existing storm sewers to each pond. The storm sewer design for Dodd Road assumes a 1% storm (6" rainfall in 24 hours) will not flood and overflow from the two low points in Dodd Road shown on Figure 12. The storm sewer design at the two low points in Dodd Road assumes the following: • South of Bradford Place: A 30" storm sewer pipe would convey storm water from the low point south to the existing 24" diameter storm which drains directly to Pond JP-22. The 30" storm sewer would be installed at a flatter grade than the existing 24" and would not connect to the existing storm sewer in Bradford Place at Dodd Road, which also drains to Pond JP- 22. • North of Elrene Road: To satisfy the 1% storm design, 250' of existing 15" diameter storm sewer in Coventry Parkway east of Dodd Road would be removed and upgraded to an 18" diameter. This will require the removal and replacement of the existing street section in Coventry Parkway. 3. Utility Adjustments Sanitary sewer and water main presently exist in and along Dodd Road. No improvements or extensions are proposed to the existing sanitary sewer and water main. However, adjustments are proposed to accommodate grade changes in Dodd Road. Approximately 1100' of water main reconstruction is proposed in Dodd Road between Camberwell Drive and Bradford Place due to grade changes in Dodd Road. The elevation of the existing water main in other azeas will be reviewed further during the design phase to determine if additional adjustments are required. Dodd Road Street and Utility Improvements ~ ~ 10 4. Utility Service For purposes of this report, additional services are not proposed to be constructed. However, during the design phase, the need and cost for additional utility services will be reviewed with the abutting property owners who have development potential. If utility services are requested, details will be worked out with each property owner and assessment waivers will be negotiated. COST ESTIMATE A detailed cost estimate is presented in Appendix A located at the back of this report, which is also summarized below. Cost estimates include 10% contingencies. Indirect costs, which include administrative, engineering, construction interest, and legal expenses are estimated at 30%. Storm Sewer Utility Adjustment Street Bituminous Trail $225,000 141,700 1,831,400 71.900 Total $2,300,000 EASEMENTS/PERMITS/PRIVATE UTILITIES Temporary construction easements are required are required from two parcels as noted on Figure 14. No permanent easements are required. The existing permanent right-of-way for Dodd Road is shown on Figures 4-7. A National Pollutant Discharge Elimination System (NPDES) permit is required because construction activity will disturb more than 5 acres. Private utilities (electric, telephone, gas, cable, etc.) will be impacted by the reconstruction of Dodd Road. Private utility locates and possible relocation will be reviewed with each owner. Coordination with their work and Dodd Road reconstruction is required. At the time of this report writing the extent of private utility relocates is not known. Dodd Road Street and Utility Improvements ~ O 11 ASSESSMENT AREAS TO BE INCLUDED Assessment Area SW 1/, Section 24 Pazce1010-52 Pazce1010-53 SE'/a. Section 24 Pazce1010-78 Perron Acres NE ~/a. Section 24 Parcel 010-01 Pazce1012-02 Parcel 010-OS ASSESSMENTS Streetlstorm sewer assessments aze proposed to be levied against the benefited property, in accordance with Eagan policy at 100% of the residential street equivalent cost (32-foot width). The residential street equivalent cost is presented in Appendix C. The preliminary assessment roll is presented in Appendix B located at the back of this report. Trunk azea storm sewer, sanitary sewer and water have been assessed based on past improvement projects. All assessments calculated according to City Policy would be limited to an appraisal determination of added value benefit resulting from any improvement. The residential assessment rate estimated for this project is listed below. Residential Rate Non-Residential Rate $79.92/FF $211.77/FF Commercial/industrial zoned properties aze proposed to be assessed based on the full width and section of the new street (36' wide). Dodd Road Street and Utility Improvements / / 12 REVENUE SOURCES A summary of revenue sources is listed below: Assessment Project Cost Revenue Balance Storm Sewer/Street $2,086,400 $233,540 $1,852,860 Utility Adjustment 141,700 141,700 Bituminous Trail 71,900 71.900 $2,300,000 $233,540 $2,066,460 The City's major street fund and utility funds will finance the estimated project deficit of $2,066,460 (90% of project total). PROJECT SCHEDULE • October 16, 2001 City Council Authorizes Feasibility Report • December 18, 2001 Present Report to City Council • January 9, 2002 Informational Meeting • January 22, 2001 Public Hearing - Counci] Orders or Denies Project (Schedule Continues if Project is Approved ) • March 2002 Approve Plans & Specifications • Apri12002 Municipal State Aid Approval • Apri12002 Awazd Contract • May 2002 Construction Begins • Fall 2002 Substantial Construction Completion • Summer 2003 Final Assessment Public Hearing • May 15, 2004 15` Installment Payment Due With Real Estate Property Taxes Dodd Road Street and Utility Improvements / ~ 13 ~~ ~ ?,~ r ~. city of ~ac~an Appendix A Preliminary Cost Estimate 63 APPENDIX A PRELIMINARY COST ESTIMATE DODD ROAD -CAMBERWELL DRIVE TO WESCOTT ROAD CITY PROJECT N0.862 BRA FILE N0.49-01-115 36' FF URBAN SECTION, 8' BIT. TRAIL EAST 51DE Storm Sewer Quantity Unit Item Unit Price Total Price 1,750 LF 15' Storrn Sewer Pipe $22.00 $38,500 895 LF 18` Storm Sewer Pipe $25.00 $22,375 305 LF 21' Storm Sewer Pipe $30.00 $9,150 25 LF 24' Storm Sewer Pipe $35.00 $875 4i5 LF 30' Storm Sewer Pipe $50.00 $20,750 1 EA 15" FES w/ Trash Guard $900.00 $900 11 EA Std. 2'x3' CB w/ cstg $1,200.00 $13,200 15 EA Std. 4' Dia. CBMH w/cstg $1,600.00 $24,000 2 EA Std. 4' Dia. MH w! cstg $1,600.00 $3,200 1 EA Std. 4' Dia. MH w/ Beehive cstg $1,600.00 $1,600 2 EA Std. 5' Dia. CBMH w/ cstg $2,500.00 $5,000 7 EA Connect to Existing MH $1,000.00 $7,000 320 LF 4' Perforated Draintile $15.00 $4,800 1,760 LF Remove Existing Storm Sewer $12.00 $21,120 250 SY Remove Bituminous Surface $3.00 $750 150 LF Remove Concrete Curb and Gutter $5.00 $750 125 TN Class 5 Aggregate $10.00 $1,250 25 TN Bituminous Base $32.00 $800 35 TN Bituminous Wear $34.00 $1,190 150 LF Surmountable Curb & Gutter $7.50 $1,125 Subtotal $178,335 +10% Contigencies $17,830 Construction Total Storm Sewer $196,165 +30% Indirect Costs $58,850 Total Storm Sewer $255,000 Existing Utility Adjustments Quantity Unlt Item Unit Price Total Price 1070 LF Remove Existing Water Main $12.00 $12,840 570 LF 12' DIP Water Main $25.00 $14,250 500 LF 6"-8' DIP Water Main $20.00 $10,000 6 EA Adjust Hydrant $2,000.00 $12,000 16 EA Adjust Gate Valve Box $500.00 $8,000 21 EA Adjust MH $2,000.00 $42,000 Subtotal $99,090 +10% Contigencies $9,910 Construction Total Ex. Utility Adjustments $109,000 +30% Indirect Costs $32,700 Total Existing Utility Adjustments $141,700 Appendix A,B,C-Camberwell to Wescott 6~ Street -Urban Section/MSA Standards quantity Unit Item Unit Price Total Price 1 LS Mobilization $50,000.00 $50,000 1 LS Traffic Control $15,000.00 $15,000 1 LS Clear and Grub $15,000.00 $15,000 1 LS Transplant Tree $5,000.00 $5,000 18,600 SY Remove Bituminous Surface $3.00 $55,800 370 LF Saw Cut Existing Bit. $4.00 $1,480 46,110 CY Common Excavation $7.00 $322,770 1,000 CY Subgrade Correction $5.00 $5,000 16,800 CY Select Granular Borrow $8.00 $134,400 15,890 TN Class 5 Aggregate $10.00 $158,900 4,480 TN Bituminous Base and Binder $32.00 $143,360 1,480 TN Bituminous Wear $34.00 $50,320 750 SY Bituminous Driveway $20.00 $15,000 2,000 GL Tack $2.00 $4,000 9,970 LF B618 Curb & Gutter $8.00 $79,760 2,000 LF Surmountable Curb & Gutter $7.50 $15,000 5,500 SF Modular Block Retaining Wall $20.00 $110,000 2,690 CY Topsoil Borrow $12.00 $32,280 24,420 SY Sod $2.00 $48,840 4 AC Seed $1,500.00 $6,000 30 HR Motor Grader $110.00 $3,300 15 HR Street Sweeper $100.00 $1,500 60 MG Water for Dust Control $20.00 $1,200 9 EA Turn Movement Arrow $130.00 $1,170 2,650 LF 4" Pavement Striping $1.00 $2,650 1,250 LF Silt Fence $2.00 $2,500 5 EA Relocate Mailboxes $100.00 $500 Subtotal $1,280,730 +10% Contigencies $128,070 Construction Total Street $1,408,800 +30% Indirect Costs $422,640 Total Street $1,831,400 Bituminous Trail quantity Unit Item Unit Price Total Price 2,070 TN Aggregate base, class 5, 100% crushed $13.00 $26,910 585 TN Bituminous wear, Type 41 A, trail $40.00 $23,400 Subtotal $50,310 +10%Contigencies $5,030 Construction Total Bituminous Trail $55,340 +30% Indirect Costs $16,600 Total Bituminous Trail $71,900 Total Storm Sewer Total Existing Utility Adjustments Total Street Total Bituminous Trail TOTAL PROJECT COST Appendix A,B,C-Camberwell to Wescott $255,000 $141,700 $1,831,400 $71,900 $2,300,000 6s -~i~ t~~ ~~ i- city of enc~an Appendix B Preliminary Assessment Roll APPENDIX B SUMMARY PRELIMINARY ASSESSMENT ROLL DODD ROAD -CAMBERWELL DRIVE TO WESCOTT ROAD CITY PROJECT N0.862 BRA FILE N0.49-01-115 Parcel Assessable Identification Front Footage Rate/FF Total NE 1/4 Section 24 Parcel 010-01 132.00 211.77 ~'~ $27,950 Parcel 012-02 285.50 211.77 ~'~ $60,460 Parcel 010-05 365.00 79.92 c2) $29,170 SE 1/4 Section 24 Parcel 010-78 352.00 79.92 c2) $28,130 Perron Acres 469.00 79.92 c2~ $37,480 SW 1/4 Section 24 Parcel 010-52 250.00 79.92 c2> $19,980 Parcel 010-53 380.00 79.92 ~2> $30,370 TOTAL $233,540 ~'~ Non-Residential Rate equals Street/MSA Standard ($1,831,400) + Storm Sewer ($255,000) divided by front footage (sta. 64+26 to sta. 15+00 times 2) cz> Residential Rate equals Street/Residential ($560,700) + Storm Sewer ($255,000 ' 32'/36' _ $226,667) divided by front footage (9,852 FF) 6~ ~~~ ~~r; fir' city of ~nc~~n Appendix C Residential Street Equivalent Cost (32 Ft. Face to Face of Curb) 6g APPENDIX C RESIDENTIAL STREET EQUIVALENT COST DODD ROAD -CAMBERWELL DRIVE TO WESCOTT ROAD CITY PROJECT N0.862 BRA FILE NO.49-01-115 Residential Equivalence (32' FF, 6" CI. S, 2" Bit. Base, 1" Bit. Wear) iantity Unit Item 1 LS Mobilization 16,135 CY Common Excavation 6,360 TN Class 5 Aggregate 1,740 TN Bituminous Base 870 TN Bituminous Wear 280 GL Tack 9,820 LF 6618 Curb & Gutter 1,200 CY Topsoil Borrow 10,900 SY Sod Subtotal +10% Contigencies Construction Total Residential Equivalence +30% Indirect Costs Total Residential Equivalence Unit Price Total Price 15,000.00 $15,000 $7.00 $112,950 $10.00 $63,600 $32.00 $55,680 $34.00 $29,580 $2.00 $560 $8.00 $78,560 $12.00 $14,400 $2.00 $21,800 $392,130 $39,260 $431,390 $129,310 $560,700 69 ~~~r~` 1'` city of ~~c~en Figures ~o I,a . ! WESCO RD ; ~ ~ """` ' __----- :>z~~>s~>~ >. ~=emu - -_' _..._.._..._..._..._..._..._..._..._..._..._... ._... 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LEl' RD °'• T N LES:~Ip O RESIDENTIAL 2_ fee .ao ~ INDUSTRIAL t~r.® R~N9~19991~\CAD1ti•7MMto9~4r9 11/at/00 OrOba• AY C•r DODD ROAD (CAMBERWELL DR TO WESCOTT RD) ~ °°'""'"'°° ~~~•OQQ7 CITY PROJECT No. 862 LAND USE ~ ~°` /ZONING ._._,..,_ N FIGURE 2 WEST Crown EAST R PL Align 10 ~ 2 Reaction Width 5' Safety/ 8' 4' 12' 4' 8' 1 ' ~~~ __Pnr_k,- ---- ~------- ---- Trail B618 -------- -- - _ Lane _ Concrete _ _~_~ - I ( `~~ ~ e Curb 4% 2% oP 49~ 3% / °p e 2" Type 41A Bit. Wear Course 6" CI. 5 Agg. Base 100 Crushed 4-1/2" Bituminous Surface 10" Class 5 Aggregate Base 100 Crushed 12" Select Grannular Borrow PROPOSED STREET SECTION w/o Retainin Wall ALTERNATE -EAST-Fill Section with Retaining Wall R ' ' 6 4' 8 6618 Concrete Trail Curb --- -------4~_ WEST Crown EAST -- ' Reaction Width R f~ 10' Align 2 5' Safety/ 8' 4' 12' 4' 10' Park. B 18 Concrete Trail 4~ Lane __3.~---- ---- curb-------- -- --4% 2~ - - ~~ • Same as Above Wood Split -- - -~~ PROPOSED STREET SECTION Rail Fence Retaining Wall w/o Trail ~ Retaining Wall with Trail Station - 20+75 to 21 +25 Station - 20+00 to 25+00 Station - 24+50 to 26+00 ~ ~ R 3' 12' ~ 12' 3' ' Exist. Aggregate ,_ ' ' Exist. ~ Bit. Pvm't. (f4" Thick) ~' Exist. Subbase (Variable/Unknown) EX. 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L ~ ~ "~` ~o 01 CR1' CONTRACT No. %, CITY PROJECT No. B02 •^o"••'•' °w° . ~ "`" cc.cs~ mt .ow . um..• :m. e.R G.S LL em6li ~~ 180°0 '~ I$ o c `~ f I `. ~ ,gl 11. i , -, ~ ~ Lam' ~ ~ o ~ ` 1 ~ `( $°' I 1 'i ' J O 1 1~ I w 40' e s eo~.>; j I; ~., ~ I i, I t~ I ! ; ~ j~ ~ ~ ~. ~>: i l j~ < u8 ~~ ~ I s 903.99 ~ ~~ 9~e > ~ f i I ~ ~ J4 ~ S~ `\ I ` o 901: ` ~ »O I J~ I ~I _~~ 'I I~ I g -901.17 ~ i I I'~ oN ;r ~ I 1 .~ ra 9Q~ 3 ~ ~ ' u 07 s 90133 '-~ i i } : ~' MS t I 1 2 I X ~~ IN1!,' i s -. : , ~ , ..r ~"' 991, 8 .0aro - ~ -~7 _~--- 7 ~ r ~ ~~ ~ II le ~ ortTea Cird , ~ ~ '',1 ,~I _ I l 1.~ I ' 9013 b.00 °Y ~C'~ , ~ 1 I) - ~ ~'1. `S 90J e6 ~ VCL e3 Q '"~' ~ } t i 4S ~~~~~11 ~~~-~ Q 9Qa -- ; - i~ ~ - ~l ~, - 9U.?!t ~ $ ~ i 8 "o Hy D o9~ I ~ ~ 7 ' got: ~ --.1.~~~~ ~ 0 ~: - ~ I A l i ~ ^'~ i 9 ~ i ~ i ~ ;I 90139 ~ L ~ ~ 1 ' ~ ~'~ ak Lo ' a ~ ! 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CITY PRQIECf No. E62 ,. ecKVet .ws` ...a.. -rte ~. g~ a~n6i~ ,~~s o o m ,o .o ,~ x • ~fs 1~ s ~ E ~ ~ ~ '~ ~ u "~ _~~ ~ I I la~ I Ii, ~_~ s a ~ 4 E{ • J l 1 ~ v _497: ~ ~ II ~ I 1 ~ ~ ~ ~ - ~ t ~ I! O e eux. ~ e 1 ! 1 ! O ~-J `~ n I ' ' 1 ! ~ I _ ~ m. ~ Q v ! • r I I ! a~4 g m7.]e ~ 1 f el _ I -_ ~ I 1 1 i ~ 1 4ta~4 ~ ~ ~ i ~ ° sera4 esaz ~ __ ___ . _ ~: m,. , ~ ~ i ~ ~ ~ ~ ~ I t ; :; ~ ^ I I ! 1 j I ! ...__- ro -- .. 8 le0.H _ $~ 2S " ~ a °~~ S 91 _._ '~ all i °~ " I ~ I ~ 4r sirSe t . ~aia ,r. I i sea eats ~ wtu } ~ { a i I i 1 ° w asp. i l 8 ~! i . 1 g 00l.t» - t , v 8! ~ ~ ; eea.a ~ ! l ; ~ ; l .~'.. ' ~ g _esao_ !le.t3 eexs ~ ~ a " - T ~., ~~'.. ~ U i i ! ~{~! ` ~ ~....~.. Tyns Lane ~ `. oN '`~~ ~ ~, - - - (j ~ ~ '~eeiv ~ -, v i t ~r ~ /n 8 mesa 6ea t ~ i i 9; ` ~~. O uN 1 I f eee.11 - ! 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EAGAN, MINNESOTA "°'°' DODO ROAD (CAMBERWELL DRIVE TO WESCOTf ROAD) o ~nd~~ ` `~~ ~,,, ~~ w1 - :R „~`.- SIREET AND lJT4.fTY IMPROVEl1ElAS ~ AuoU~tn ,,,~ '" CRY CONTRACT No. K. PROJECR No. tl62 Wr+• ~ ..w.w ..,..-. _... .._ .. .--.-• ,-~ °'M1~°- Ut O 8N ~ ~ ~ ~ --~oJ ilk lij ~I I , ~~I IIII ~l~ p,~ $~ II Illl!i ~ilil'llll $ 8II~iI~~~ 8 Si~1 Illii i_L7_._t ill a ail I~ ~li II I' ,i~ ttt---- ...---- I' I~I I~I ~~~~;-s I!~ ~~II I ~ S ~ • 2t s ~ ~i ~: I ~ i ~ ~ I ~ ~ : i 1 t i I ~ ~ ' i I i ° + ~ ~ 11 ice=, ~Ij ~ i i cn N i ii ~ cn W o ~.. ~ ~ ~ -1 ~ '' TT j ~ °o I'; ° 0 0.E iil~~ ~ I ~' * I cn N ~' " o° "d o ~ I ~ f r- - d I li~ Ii 2i r;- i ~I ' S B ~~I~ i'i ~ Ili ~~I ~ ~ ~ i j ,) ~~; ~ ,~ ~~ 8~ $ g ~ B S ~ . - $~p_p _~p~pp eoa spy spy app N O O .~. 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PROJECT No. 162 9M.r. 1 rrwal. ~ o.rt .e, a...-.~., INFORMATIONAL NEIGHBORHOOD MEETING MINUTES PROJECT 862, DODD ROAD (CAMBERWELL TO WESCOTT) JANUARY 9, 2002, 6:30 P.M. COUNCIL CHAMBERS Attendance: Tom Colbert, Director of Public Works; Russ Matthys, City Engineer; Mark Hanson and Kevin Kimmes, Bonestroo, Rosene, Anderlik & Associates, Inc.; 17 persons representing 15 properties. A. Welcome and Introduction • Russ Matthys welcomed the property representatives and introduced personnel in attendance. B. Presentation. Consultant Hanson presented the project details represented on a variety of graphics which included: • Proposed Typical Street Cross-Sections • Plan Centerline Profile • Pictures of Existing Sections • Exhibits of Proposed Sections • Proposed Storm Sewer Improvements • Temporary Easements • Project Area and Construction Limits • Proposed Assessable Properties • Project Costs/Revenue Sources/Assessment Rates • Project Schedule C. Questions/Comments Where would construction begin? Concern about construction access for Perron Acres, especially with storm sewer construction in Covington Parkway. Access coordination for the construction will be critical. Project 862 would be combined with Project 850 and will try to phase construction for residents with local access needs. The entire street section from Diffley Road to Wescott Road would be closed to thru traffic throughout the construction. 2. I live on Bradford Place and Pond JP-22 flooded close to my house in July 2000 -are you looking the storm sewer design through thoroughly? Storm sewer design has always been planned for 1 % storm event, the maximum design built to in the City. We realize the July 2000 storm was very uncommon and the changes proposed with the Dodd Road upgrade will be very minimal. 3. Is boulevard going to be narrower in area of 66' wide ROW? No, only in areas where trees are to be protected. /o ~ 4. Are there areas where construction will go outside of ROW and into drainage and utility easements? No, the reduced design allows all construction inside the ROW although the corner of one lot will be impacted with storm pipe included in Project 850. Two temporary easements will be desired to better accommodate a driveway grade and the grade transition to the boulevard. 5. What is concern with storm sewer work? (Question asked by resident to another resident) Potential future impact to residential properties. 6. Why have parking lane? City Council approved Project 850 with aparking/ safety lane. Council directed staff to incorporate the same street design into feasibility report for Project 862. 7. How wide is the trail? 8' feet wide with a 4' foot boulevard. 8. I thought safety lane would be 8'. Is there an ability to narrow safety lane? 10' wide proposal is the minimum State Aid standard based upon the speed and volume. Is that based on present or projected ADT's? Both, with projected at 6000 ADT. 9. Where does a person parking in the safety lane go? Parking/safety lane not only allows on street parking for residents with driveway access to Dodd Road, but also allows space for stalled vehicles and on-street bike traffic. Can you reduce the size of safety lane for stretches? It has been explored but it would be less than State Aid standards. l0.Do many oaks trees preexist the "building up" or filling of Dodd Road? Yes, you can see the fill line by looking at the oaks and the toe of the slope from the road. Behind Dave Norton's property there were some older oaks as well. Look how the drip line of the tree in the photo extends to the road. Roots are typically at the ground surface. We will try to minimize disruption to those trees. We will have to keep the City Forester, (Gregg Hove), helping us through construction. (City Forester doesn't believe oak tree roots will have traveled up into road fill area, reducing tree impacts.) Can't we do something to lessen impact on trees near Duane's property? We will look at lowering road, shifting to east, etc. (Topographic issues at this location limit opportunities. Proposed design will have least impact of any previous proposed upgrades.) 11.Can the road be shifted? Road can be shifted but proposed side slope is so steep on the other side that there would be significant impacts to trees and grading there. Right side of road at Bradford has a lot of valuable resources. 12. Surprised road has been filled -removal of fill shouldn't impact oak trees? The project would remove existing fill. /0~8~ 13.Is entire road going to be closed? Yes, to through traffic from Wescott to Diffley, but work done in phases for portions of Dodd to lessen access impacts for adjacent residents. What condition is access road going to be in throughout construction? Recycled bituminous or gravel for longer periods, dirt for temporary periods (3 days). 14.How about a temporary stop sign at Elrene and Dodd? The only traffic on Dodd will be Dodd Road residents. Construction traffic signage will be in place. 15.Is construction going to be completed in 2002? Yes, all but final wear course of blacktop pavement. 16.Profile was lowered throughout, are you trying to prevent overland flow from side parcels? Road will be taking drainage from yards. Yards and roads carry pollutants - it will increase sediment to ponds. Some attached particles do infiltrate the ground; some still will make it to the ponds. Frozen or saturated ground acts the same as pavement. There are effects, but this does comply with water quality standards. Sediment below normal water surface does not affect storm flood storage. . 17. Why not separate "clean" water from yards and "dirty" water from street? Handle public water/drainage with public storm sewer. What falls on ROW is the responsibility of the City. Cost prohibitive to have berm between private and public property with two separate storm sewer systems. Yard water is often detrimental to ponds due to fertilizers. 18. Don't want to be impacted by additional storm water runoff. 19.Where does storm sewer between Elrene/Covington and Wescott go? Pond JP-23. From Esk Lane to Elrene? North of Esk Lane goes to GP-4. Can you show the section from Elrene to Wescott? Where does that go? Pond JP-23. It will utilize the same path as now from Elrene to Esk Lane. 20.Isn't one-half of the street being added to Pond JP-22? The direct drainage area increases less than 2% and the impervious surface area increases less than 1 %, for a combined impact of less than 1 % in volume fora 1 % storm event. 21. The homeowners own JP-23. That pond will be affected. DNR permit will be needed for additional affects. A public drainage and utility easement was dedicated on the plat for Pond JP-23. The normal water elevation for JP-23 is controlled by the existing outlet pipe and will not change. No work is proposed within the limits of the pond nor will the normal water elevation be changed so no DNR permit will be required. G:RM/'Ol/MISC/MINUTES/Proj.862 Dodd Road N O1-09-02 /0 9 NEIGHBORHOOD MEETING DODD RD N (ETHANICAMBERWELL - WESCOTT RD) PROJECT 862 WEDNESDAY, JANUARY 9, 2002 - 6:30 P.M. NAME .. --, ADDRESS 2. 3. 4. 5. s. ;Y~ 7. ~~ ~ `~,u ~~~ 8. I~r,Q~ ~/~s s 10.~o Ui S C,~~~~~~5 12. ~t~ ~~~~~VSp~ 13. 14. ~1 ~~ ~lJrrl~Uln 15. ;~~~ Lr'~twv 1 s. 17. 18. 19. 20. G: FORMS/SIGN-IN.Sheet ~jo Y/ ~~f..,.~, ~~.:~~.~ ~ r. ~ ~ 7 r3 ~4 ~c c~~e. ~ c ~ a. (~/~ - 7/3 ~f.~r1~011n ~i/j~c f ~~~ ~1 ~~~,e_ ~ 8S~ ~ 6 ~0 ~a K ov er ~E . l~ r~ ~ ~ 7~f-rf~v s r ~ I ~~ v~-e. L/L/ ~ogc~ ~oxw~oove ~~ ~~ ~ b V~e.1 ~.a ,•~ ~ ~ ~ 5~ ~,~ ~r~ ~~ r/.~~i ~D ~s ~ li~c~ G ~{~f ~e~~ ~ ~ ~~ //D ~oy~ ~56~~6b Agenda Information Memo January 22, 2002 2002 CALENDAR YEAR CITY COUNCIL ORGANIZATIONAL BUSINESS Each calendar year, Organizational Business is considered at the second regular City Council meeting in January. The items that require action of the City Council include: A) Advisory Commission Appointments B) Acting Mayor C) Official Legal Newspaper D) City Council Meeting Dates E) Council Meeting Procedures F) Council Standing Committee /Representative Appointments G) Other Appointments ADVISORY COMMISSION APPOINTMENTS The following are the advisory commissions that make recommendations to the City Council: Advisory Parks and Recreation Commission (APrC) Advisory Planning Commission (APC) Airport Relations Commission (ARC) Burnsville Eagan Telecommunications Commission (BETC) Economic Development Commission (EDC) Waste Reduction and Abatement Commission (WRAC) In 2000 Mayor Awada requested review of any appointed members who had three or more consecutive absences. There are two individuals who have had three or more consecutive absences. Gary Morgan of the Economic Development Commission missed the meetings in June, July and August. His term expires in January, 2003. Ryan Kaess of the Advisory Planning Commission missed the meetings in March, April, May and June. His term expires in 2003. Each member has one (1) year remaining in their terms. Notices were placed in the local newspapers, the City newsletter, and on the City website in December indicating that vacancies existed on advisory commissions. Applications were received from 28 individuals seeking appointment or reappointment. All individuals, including those currently serving on a commission, were invited to interview with the City Council on January 15, 2002. The Council interviewed 25 individuals. The City Administrator will distribute master ballot for all commission appointments. A majority vote of the City Council is necessary for appointment. After the master ballot is tabulated, the City Administrator will announce members who have been appointed and how many vacancies remain, at which time additional rounds of balloting will take placed until all vacancies, term balances and alternate positions are filled by majority vote by the /// City Council. At the recommendation of the City Council, 3-year terms will be filled first and followed by alternate and other abbreviated terms, such as the two year vacancy for Airport Relations Commission. Note: The second, third and fourth choices of each applicant is not listed on the individual commission information sheets but is indicated on the master grid. Attached as page ~ is the master grid for all Commissions. Attached as pages ~y through ~ are the individual Commission information lists. //~z APC I APrC ARC i BETC EDC I WRAC Eric Hedtke j 1 2 Steve Haglind i 1 2 Gary Huusko 1 Richard Iffert j 1 Jean Cheskis ! 1 3 2 Nathan Krahn 1 2 3 4 Phil Belfiori 1 2 3 Daniel Wolter j 1 3 2 4 Julie Stackhouse I 1 Eric Peble 1 Mike Schlax 2 1 ' Charles Thorkildso 1 Bruno DiNella 1 Jerry Thompson 1 Alan Miller 1 Joseph Conlon 1 Kurt Hicok 1 Carla Heyl 1 2 3 Brian Carey 1 Michael Cook 3 2 j 1 Ronald Moening 1 Richard Pletcher 1 Joseph Bari 1 Elizabeth Perry 2 1 Richard Ternet ~ 4 1 2 3 Bob Cooper 1 Nathan Spears 1 Bill Henning 1 Ted Gladhill 1 3 year terms ~ 2 j 3 i 3' 2 3 3 2 year terms i 0; 0 1 0 0 0 1 year terms OI 0 0 0 0 0 1 year alternate j 11 1 1 1 1 1 Total positions j 3 4 5 3 4 4 NOTES: Positions for which applicants did not apply are blacked out. Numbers indicate the applicant's ranked order of preference. Bolded applicants are incumbents for the bolded position across from their name. The WRAC has three ear terms for a resident, a hauler, and a business re resentative. //3 ADVISORY PLANNING COMMISSION Current Membership: Gary Huusko Carla Heyl Ryan Kaess Mark Nosbusch Duey Bendt Jerry Segal Greg Steininger Shawn Hunter Attendance: Attached Terms Expiring: 3 year terms: Gary Huusko Carla Heyl (Reached 9 year term limit) 2 year terms: 1 year term: 1 year term: Shawn Hunter (Did not reapply) (alternate) Applicants: Phil Belfiori Gary Huusko Jean Cheskis Richard Iffert Steve Haglind Nathan Krahn Eric Hedtke Julie Stackhouse Daniel Wolter Ted Gladhill ACTION FOR JANUARY 22 MEETING: To appoint two 3-year terms, and one 1- year alternate to the Advisory Planning Commission Ny REVISED ADVISORY PARKS AND RECREATION COMMISSION Current Membershia: Joseph Bari George Kubik David Wright Terry Davis Dorothy Peterson John Rudolph Mark Filipi Margo Danner Melvin Williams Richard Pletcher (alternate) Attendance: Attached Terms Expiring 3 year terms: Joseph Bari George Kubik David Wright 2 year terms: 1 year term: 1 year term: Richard Pletcher (alternate) Aaalicants• Joseph Bari Bill Henning Elizabeth Perry Richard Pletcher Richard Ternet Carla Heyl (Nine year term expired) ACTION FOR JANUARY 22 MEETING: To appoint three 3-year terms, and one 1- Xear alternate to the Advisory Parks and Recreation Commission //S REVISED AIRPORT RELATIONS COMMISSION Current Membership: Steve Soderling Charles Thorkildson Mike Schlax Eric Drenckhaln Ted Gladhill Joe Kinard Lance Staricha Michael Weller Bruno DiNella Attendance: Attached Terms Expiring: 3 year terms: Steve Soderling (did not reapply) Charles Thorkildson Ted Gladhill - (resigned) 2 year terms: John Clark resigned mid-year (and has not been replaced) 1 year term: Mike Schlax 1 year term: , Bruno DiNella (alternate) Applicants: Bruno DiNella Eric Peble Mike Schlax Jerry Thompson Charles Thorkildson ACTION FOR JANUARY 22 MEETING: To appoint three 3 year terms, one 2-year term to replace John Clark)1 one 1-year term (to replace Ted Gladhill) and one 1-year alternate to the Airport Relations Commission //6 REVISED BURNSVILLE/EAGAN TELECOMMUNICATIONS COMMISSION Current Membership: Alan Miller Bob Cooper Maggie Jensen Bill Raker Kurt Hicok Attendance: Attached Terms Expiring: 3 year terms: Alan Miller Bob Cooper 2 year terms: 1 year term: 1 year term: Kurt Hicok (alternate) Applicants: Joseph Conlon Bob Cooper Kurt Hicok Alan Miller Michael Cook ACTION FOR JANUARY 22 MEETING: To appoint two 3-year terms, and one 1- year alternate to the Burnsville / Eagan Telecommunications Commission //~ REVISED ECONOMIC DEVELOPMENT COMMISSION Current Membership: Mark Reimer Julie Stackhouse Nathan Spears Gary Morgan Karl Oestrich Tim Dunn Hugh Fitzgerald Lee Ashfeld Nadim Zoberi Brian Carey Attendance: Attached Terms Expiring 3 year terms: Mark Reimer Julie Stackhouse Nathan Spears 2 year terms: 1 year term: 1 year term: Brian Carey (alternate) Applicants: Brian Carey Nathan Spears (applied for different commission) ACTION FOR JANUARY 22 MEETING: To appoint three 3-year terms, and one 1- year alternate to the Economic Development Commission //~ WASTE REDUCTION AND RECYCLING ADVISORY COMMISSION Current Membership: Patricia Hurd, Resident Linda Merkel, Resident Ron Moening, Hauler John Tapper, Business Rick Patraw, Resident Gary Hansen, Resident Doug Link, Hauler Clint Hooppaw Kari Sammon Don Armborst Attendance: Attached Terms Expiring: 3 year terms: Patricia Hurd (Resident) (did not reapply) 2 year terms: 1 year term: Ron Moening (Hauler) 1 year term: Don Armborst (did not reapply) (alternate) Applicants Ronald Moening ACTION FOR JANUARY 22 MEETING: To appoint two 3-year terms (one hauler and one resident), and one 1-year alternate to the Waste Reduction and Recycling Advisory Commission. **There is also an open Business Representative 3- year term //9 ACTING MAYOR B. Acting Mayor -There is a statutory requirement that a member of the City Council be appointed as acting mayor. All Councilmembers are eligible for this appointment. The acting mayor presides in the absence of Mayor Awada at Council meetings and all other activities pertaining to the City of Eagan. Historically, the Mayor has made this appointment. Councilmember Paul Bakken was Acting Mayor in 2001. REQUESTED ACTION: The Mayor to appoint a member of the City Council as acting mayor. OFFICIAL LEGAL NEWSPAPER C. Official Legal Newspaper -There is a statutory requirement to designate a legal newspaper as the official newspaper for the City. The City can only designate a legal newspaper of genera] circulation in the City as its official newspaper for publication of items required by law, and other matters that the Council deems advisable and in the public interest to be published. The City has received proposals from This Week/Dakota County Tribune, Inc. and Sun Newspapers. The Dakota County Tribune is slightly more expensive; however, they publish the agendas as news items and there is no charge for publishing them. The Sun-Current would post the items online for no additional charge, but does charge for the publication of agendas, making total costs higher than just for publications of legal notices. An actual cost comparison is difficult because of different type sizes, characters per line and lines per inch. The cost difference is not a significant factor in total. Even though the Dakota County Tribune is the designated official legal newspaper, legal notices would also appear in Eagan This Week. Deadlines for publication and publication dates match up much better with City activity with the Dakota County Tribune/Eagan This Week. Any agenda published in the Sun Current would need to be submitted to the paper more than one week in advance of the meeting and would be incomplete and may change between publication and the meeting. Tribune This Week Sun Current Legal Notices Deadline Wednesday 4 pm Wednesday 4 pm Thurs 2 pm Publication Thursday Saturday Wednesday Agendas Deadline Wednesday 4 p.m. Wed 4 pm Wed 5 pm Publication Thursday Saturday Wednesday Proposals attached on pages ~ through,. REQUESTED ACTION: Approve retention of Dakota County Tribune as the City of Eagan's official legal newspaper. Sao NEWSPAPERS 1525 East Highway 13 Burnsville, MN 55337 952-894-1111 • FAX:952-882-6052 December 14, 2001 City of Eagan P.O. Box 21199 Eagan, MN 55121 To the Mayor and City Council members: Please accept the attached bid for legal newspaper status for the city of Eagan. We have a dedicated staff as well as the largest circulation to handle your legals in an efficient manner. We would like to offer you three options for placing your legals. The first option is to place your legals in The Dakota County Tribune. The Dakota County Tribune has been serving the residents of Dakota County for over 100 years. The second option is having the legals placed in the Eagan Thisweek Newspaper, a qualified legal newspaper, which offers the city the best vehicle for communicating with the residents of Eagan. By designating Eagan Thisweek as your legal newspaper, your legal notices will reach 12,793 homes in the city. Our most recent newspaper audit shows that over 84% of Eagan residents read Thisweek Newspapers regularly. We are also offering a lift rate from Eagan Thisweek into the Dakota County Tribune. We are confident by offering you choices of the Dakota County Tribune, Thisweek Newspapers, or both will better serve the residents of Eagan. We believe that our bid reflects our desire to serve Eagan as your legal newspaper. If you have any questions, please feel free to call. Thank you for your consideration. Sincerely, .~ ~~ ~ ~~~ ~ Eric Olson Carol Haverland General Manager Legal Department Enc. /~~ NEWSPAPERS Quotation Form Newspaper Dakota County Tribune City Eagan Number of lines per column inch 10 Printed characters and spaces per line Average 45 Total characters and spaces per column inch Average 45U Per line cost $0.75 Per column inch cost $7.50 Circulation 1162 Legal notice deadline Tuesdays L noon Newspaper Eagan Thisweek Number of lines per column inch 10 Printed characters and spaces per line Average 45 Total characters and spaces per column inch Average 45U Per line cost $0.75 Per column inch cost $7.50 Circulation 12,793 Legal notice deadline Wednesdays L 4 p.m. Newspaper Eagan Thisweek dig Dakota County Tribune Number of lines per column inch 10 Printed characters and spaces per line Average 45 Total characters and spaces per column inch Average 45U Per line cost $1.00 Per column inch cost $10.00 Circulation 13,955 Legal notice deadline DCT-Tuesdays noon/E an Thisweek-Wednesdays 4 .m. Date 12/14/2001 By ~ ia~- ~~ December 7, 2001 newspapers City of Eagan City Council 3930 Pilot Knob Road Eagan, MN 55122 Dear City Council Members: The Eagan Sun Current would like to be considered for designation as the legal newspaper for the City of Eagan for the year 2002. All published legal notices are posted on our website (www.mnsun.com) at no additional charge. This is an enhancement to the local news coverage already available on the Internet and will broad- en the readership of your legal notices. One of the main benefits of publishing your legal notices with the Sun Current is our home delivery. Sun Newspapers has become the primary source of community news in the suburbs. Your notices in our paper have the best chance of being seen and read. Despite rising costs of operating our newspapers, there will be no rate increase during the calendar year 2002.Our legal prices will remain the same. The rate structure for legals effective January 1, 2002 will be: 1 column width: $6.09 per inch for first insertion $3.04 per inch for subsequent insertions There are 11 lines per inch Two notarized affidavits on each of your publications will be provided with no additional charge. The deadline for regular length notices is 2:00 pm th? Thursday prior to publication. F_-mailing the legal notices is an efficient and accurate way of getting the notices to us. The a-mail address for the legal department is IegalsC~3mnsunpub.com. We still accept notices on disk, faxed or through the mail. If you require more information to make your decision, please contact me or Meridel Hedblom, our Legal Representative, at 952-392-6880. Thank you for considering the Sun Current as the official newspaper for the City of Eagan in 2002. We appreciate the opportunity to serve the needs of your community. Sincer ty, ,LaP Gene Carr President and Publisher 10917 Vai.r.~ Vn:w Ro.+w ~ EnErr PxAix~ ~ MirnvESO'rA 55`344 ~ 952-829-0797 ~ Fnx: 952-941-3588 CITY COUNCIL MEETING DATES D. City Council Meetings -The City Council must designate the dates and times of regular City Council meetings, which have traditionally been the first and third Tuesday of each month at 6:30 p.m. A tentative schedule is attached on page designating the first and third Tuesdays as regular City Council meeting dates, with the exception of March 5`h and November 5`''. For those dates, alternate dates were suggested. Also included on page is a list of workshops to be scheduled at 5:00 p.m. the second and fourth Tuesdays of each month on an as needed basis. If the Council prefers an alternate date to the ones proposed on the schedule, this should be discussed at the meeting. A Listening Session will be held at 6:00 p.m. before each City Council meeting effective at the February 5, 2002 meeting. REQUESTED ACTION: Approve or modify the 2002 Schedule of City Council Meetings as presented noting the alternate dates, if any. CITY COUNCIL MEETING PROCEDURES E. Council Meeting Procedures -The City Council has adopted Robert's Rules of Order to govern all business conducted at Regular City Council meetings. Enclosed on page is a copy of an outline of a Regular City Council agenda that was adopted during Or anizational Business in 2001 for use by the Mayor and City Councilmembers as to how Robert's Rules will apply to the overall agenda. The only suggested change to the agenda format is that "Visitors to Be Heard" be after "Adjournment" and will not be televised during the filing period of July through November. Also enclosed on pages 1'~through /~9 is a copy of a handout entitled Eagan City Council -Procedure and ~~,, otion Practice'-o`n~usmess Items that was adopted by the Council during Organizational Business 2001. This handout provides a summary of Robert's Rules of Order in greater detail on how business will be conducted for each City Council agenda item. Also included on pages ~ through L~ is a guideline of meeting procedures for use by the public when attending Regular City Council meetings. The audiences can vary from a school age child to a resident who may be attending their first meeting to an applicant who is very sophisticated in making presentations to City Councils nationwide. Therefore, the guideline was written for a diverse audience while retaining the main purpose to provide information and awareness on how a citizen can interact with the City Council during a Regular City Council meeting. REQUESTED ACTION: To acknowledge Robert's Rules of Order as the means to conduct official business at all Regular City Council meetings and further approve the attached guidelines/handout for public participation in City Council meetings. /a y 2002 SCHEULE OF REGULAR COUNCIL MEETINGS JANUARY 8 MAY 7 SEPTEMBER 3 JANUARY 22 MAY 21 SEPTEMBER 17 FEBRUARYS JUNE 4 OCTOBER 1 FEBRUARY 19 JUNE 18 OCTOBER 15 MARCH 4* JULY 2 NOVEMBER 7** MARCH 19 JULY 16 NOVEMBER 19 APRIL 2 AUGUST 6 DECEMBER 3 APRIL 16 AUGUST 20 DECEMBER 17 * Consider moving the March 5th meeting to March 4th (Monday) due to March 5th being the State caucus ** Consider moving the November 5th meeting to November 7th (Thursday) due to November 5th being Election Day There will be a Listening Session at 6:00 p.m. before each regular Council meeting /as 2002 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS JANUARY 17 MAY 14 SEPTEMBER 10 JANUARY 29 (tentative) MAY 28 (tentative) SEPTMEBER 24 (tentative) FEBRUARY 12 JUNE 11 OCTOBER 8 FEBRUARY 26 (tentative) JUNE 25 (tentative) OCTOBER 22 (tentative) MARCH 12 JULY 9 NOVEMBER 12 MARCH 26 (tentative) JULY 23 (tentative) NOVEMBER 26 (tentative) APRIL 9 AUGUST 13 DECEMBER 10 APRIL 23 (tentative) AUGUST 27 (tentative) /dd AGENDA FORMAT 1. Call to Order 1.1 Mayor customarily tolls city bell and returns to place at Council table. 1.2 Mayor states, "The Month, Day, Year meeting of the Eagan City Council is called to order." 2. Roll Cal] . 2.1. Mayor states, "The Secretary will please take note of the role" 2.2. If appropriate, Mayor also states, "The Secretary will please note that [Mayor/Councilmember] has provided notice by [written correspondence/telephone message] that [helsheJ is unable to attend this meeting. 3. Pledge of Allegiance . 3.1. Mayor states, Please rise and join me in the Pledge of Allegiance" ' 3.2. Mayor leads in the Pledge. 4. Adopt Agenda* 4.1. Mayor states, "The Council will now consider adoption of the agenda." 4.1.1. If no Member requests recognition, Mayor prompts, "Is there a motion to adopt the agenda?" 4.2. Member requests recognition, "Mayor Awada, (may I be recognized) for (the purpose of making) a motion?" 4.3. Mayor recognizes Member, "Member (has the floor)." 4.4. Member makes motion, "Mayor Awada, I make the following motion." 4.4.1. "To adopt the agenda as printed." or 4.4.2 "To adopt the agenda as printed-with the following change(s)." 4.4.2.1. "To delete item [item identification letter] under [agenda category]." or 4.4.2.2. "To add item [item identification letter] under [agenda category), which should read, [text of proposed new item)". or 4.4.2.3 `"To substitute for item [item identification letter) under [agenda category] the following item, which should read, "[text of proposed item)." Or 4.4.2.4 "To separate item [item identification letter] under [Consent Agenda], and move to [agenda category]." 5. Approval of Minutes* 5.1. Mayor states, `"The Council will now consider approval of the minutes. Does any Member have any changes on the minutes?" 5.2 Member makes motion with changes. 5.2.1 "To approve the minutes as printed" or "as amended." 6. Visitors to be Heard (10 minute total tune limit) 7. Department Head Business* 8. Consent Agenda* 8.1 If items are pulled, it must be by motion at the time of the regular agenda adoption, subject to regular motion practice. 9. Public Hearings (7:00 PM)* 10. Old Business* l I. New Business* 12. I.egislativellntergovernmental Affairs Update* 13. Administrative Agenda* 14. Visitors To Be Heazd 15. Adjournment* ' 15.1 Mayor asks, "Is there any further business?" 15.2 If not, "There being no further business, a motion to adjourn is in order." 16. Executive Session *Regulaz motion practice is observed. /~ Eagan Cit}~ Council-Procedure aad 1vlotion Practice on Business Items I. Mayor introduces Item A. Brief introduction of item. II. Stair Report A. Mayor gives staff the floor, "The Council will now hear from [Til]t and name] for the staff report. ' B. Staff concludes, "Mayor Awada, that concludes the staff report " C. Mayor, "'I7~e Council must now make a notion to frame the item for consideration. What is the pleasure of the Council?" III. Motion A. Member requests recognition from the Ma;.~or. l . "Mayor, (I request recognition} for (the purpose of making) a motion" B. Mayor recognizes Councilmcmber. 1. "Member [member's last name], (for a motion)." C. Member makes motion. 1. "Mayor Awada, I make the following motion." 2. "(text of motion]." (usually rndcd by, "as printed in the Council packet.' 3. If the motion is not included in the packet, a written sample motion should be prepared for distribution to Members, the Secretary and staff. 4. Similarly, if a business item is one that a Member has added to the agenda, the Member should provide a sample motion for the packet. D. for very controversial items, s Member may move simply to opts up the item for public input. 1. Tn this ease, the Mayor asks the Council, "If these is no objtction?" 2. If a Member objects, the motion requires a second and is subject to debate. 3. If no Member objecu, the Mayor may pronounce, "the motion carries, and the item will nou~ be opened to the public for input." 4. Procedure picks up at VI.B. N. Second A. Seconding Member need not request recognition 'or obtain the floor. B. "I second the motion;' or just "second." Procedure goes on to VI. C. If r:~: second is forthcoming, the Mayor asks, "Is there a second to the motion?" 1. If not, the Mayor says, "Since there is no second, the motion is not before the Council" 2. And then moves to next item or asks, "Is there any further business?" 3. Procedure begins again at III. D. If th::notion is out of order, the Mayor makes the appropriate ruling, and procedure begins again :.:III. ~'. Re~•isions may be immediately suggested (in accordance Ritb City policy attached) -see procedure st VIII A. "The motion has been made and seconded, and the item is now framed for consideration by the Council. Before the item is placed before the Council, it will be opened up to the public for input. B. "Does the applicant wish to be heard on this matter?" C. "If there are any present who wish to speak to this item, please come forward to the podium. Please state your name and address, and spell your name for the record." D. Mayor manages public input. Questions or responses from Council Members are not appropriate anti: the item has been brought back before the Council. E. Mayor continues to prompt for input, "Does anyone else wish to be heard on this matter?" vII. Mayor closes publlc foram A. If no one else wishes to be heard, Mayor states, "Seeing no one else, the public forum is now closed, and the item will be brought back to the Council. VIII. Before the Mayor States the Questloa, any Member may suY$est a revision A. Members may offer revisions from right after motion is made until the public forum is opened and from after the forum is closed until the Mayor states the question on the motion. 1. Member asks, "Mayor Awada, for a revision?" 2. Mayor recognizes speaker, "Member (last namt], {for a revision)" /a~ 3. Member asks, "Mayor Awada, would the Member accept the following modification to the motion?" a) Speaker states an addition, a deletion, a substitution, or combination thereof. 4. Mayor recognizes maker of motion. S. Maker of the original motion may: a) Decline `Zviayor Awada,l decline the modification " b) Accept "Mayor Awada, I accept the modification." (I) If accepted, the person who suggested the modification counts as a seconder. (Z) If the modifier is the one who made the original motion, the original seconder must second it. 6. The Mayor states, "The Member has [acceptcd/declinedJ the modification " IX. Mayor States the Question on the motion A. Mayor states, "The motion has been made and seconded and the motion is now before the Council. B. Once the Mayor has stated the question, fuuther revisions are out of order. C. Mayor asks, "Is there any dtscussion?" X. Discussion I. Members may speak 2 times each, with a Z-minute limit each time. 2. Questions and requests for input count against the speaker's time. 3. Members must request recognition from the Mayor before speaking, and all comments and discussion are directed through the Mayor. Even if a question is directed to staff or another Member, the question is asked through the Mayor. (Ex., "Mayor Awada, is the Member suggesting that...?" or "Mayor Awada, would Ciry Administrator Hedges please clarify what is meant by ...?'~ 4. Maker of motion may not speak against the motion, but the seconder may. S. Maker of motion speaks first; seconder speaks second; other discussion is in tht order recognized by the Mayor. XI. Putting the Question A. Once debate appears to have stopped, the Mayor asks, "Is the Council ready to vote on the question?" or "Is there any further discussion?" B. If not, the Mayor says, "Seeing none, the question is now before the Council." 1. This rnds debate. At this point, one cannot "explain his or ha vote," since that is the same as debate. C. "Al] those in favor (of the motion) say aye." D. "Al] those opposed (to the motion) say no." XII. 1`ia~•or announces the voting result A. "The vote is is favor and opposed, and the motion is [adoptcd/lostJ." B. "(and staff is directed to take the appropriate action.)" C. After the vote is announced, there can be no further discussion on the item! D. A Member can change a vote up until the Mayor announces the result. After the Mayor announces the vote, a Member can change a vote only with the permission of the Council, either by unanimous consrnt or adoption of a motion to grant the permission, which is not debatable. E. If the motion is lost, and the business has not been dispensed with, a new motion is in order. Procedure begins anew at III. /a 9 ' city of e~gan EAGAN CITY COUNCIL MEETING PROCEDURES AND PUBLIC PARTICIPATION GUIDELINES Mayor: Welcome to a »:eeting of the Eagmr City Council. In order to Patricia Av,~ada _ ensure that this and future Council meetings can be meaningful to you c o u n c i I and other citizens, the City Council uses a set ofrules to govern the members: conduct ofits meetings. These "Rules ofProcedure" are for the Pa,:l Bakken Peggy carison convenience ofthose attending the meeting. The City Council follows Cyndee Fields "Robert's Rules of Order" for conducting official business. The Meg riiev following is a brief summary ofthe order ofbusiness for aCity Council meeting which maybe of interest to you. Members of city statt COUNCIL MEETING PROCEDURES Generally Attending ORDER OF BUSINESS city council Meetings: The schedule for a Council meeting is shown on the AGENDA. An Tom Hedges, agenda is simply a list ofbusiness to be considered at a meeting and City Administrator includes: . Roll Call & Pledge ofAllegiance Mike Dougherty, Consulting Legal .Ado t A enda/A rove Minutes P g PP Counsel • ConsentAgenda • Public Hearings TOm i~Olb2' i, Director of • O1dBusiness Public Works • New Business • Additional Items - Mike Ridley . Legtslative/IntergovernmentalAffairsUpdate Senior Planner • DepartmentHeadBusiness • Administrative Agenda • Visitors to be Heard (10 Minute Total Time Limit) • Executive Session To find out specific items are which aze scheduled on the agenda, refer to the Dakota CountyTribune, This Week, or call the Municipal Center at (651) 681-4600. Copies of the agenda are available at the entrance to the Council Chambers at the time ofthe meetings. /3v HOW THE COUNCIL VOTES Three members of the Council constitute a quorum. A maj ority vote is needed to adopt motions and general resolutions. A vote of 3/5 is required for most ordinances. Hearings on preliminaryreports forimprovements, compre- hensiveplan revisions, and zoning ordinance changes require a 4/5 vote. Publication of an ordinance in the official newspaper of the City is required before it actuallytakes effect. MEETING DATES With few exceptions, the City Council meets at 6:30 p.m. on the first and third Tuesdays of each month in the Council Chambers of the Municipal Center Building at 3830 Pilot Knob Road. The Council also meets in special session as needed with notice of these meet- ingsposted atthe Municipal Center Building. Occasionally meeting dates are changed to avoid conflicts with holidays or other events so you may wish to consult staff at the Municipal Center for information on specific meeting dates. COUNCIL MEETING CABLECASTING With few exceptions, the regular CityCouncil meetings are televised "live" over the City's Cable Television Access Channel Sixteen (16). These meetings are also recorded for replay, which generally occurs on the Wednesday, Saturday and Sunday following the regularmeeting at 6:30 a.m.,12:30 p.m. and 6:30 p.m. Please call the Burnsville/Eagan Community Television stafffor schedule information and replay times or watch cable channe116 for furthermeeting and replayinformation. Taped copies of each City Council and AdvisoryPlanningGommission meeting are sent to the Wescott Library for public use. If you would like to purchase a copy of a televised Citymeeting, please contact the BumsvillelEagan CommunityTelevision staff at (651) 882-8213. Updated 8,'21 /2001 /3/ __. - -- --~,: •:~~~_ - - t~. fl ¢~'~~. ,z_ ~4 NON-AGENDA ITEMS Individuals wishing to appear at regular meetings ofthe City Council relative to items not included on an agenda may speak or make presentations under the sections ofthe agenda entitled, VISITORS TO BE HEARD. * The Visitors to be Heard section is scheduled at the end ofthe meeting and the total time limit for all speakers is 10 minutes. No Council action on a visitor's presentation should be expected at this meeting, since the Council will want to studyall proposals orrequests before making a decision. *LISTENING SESSIONS are held prior to each regular City Council meeting (gener- ally beginning at 5:30 p.m. in the Commu- nity Room of City Half , also for the purpose of addressing items not included on the City Council agenda. Individuals wishing to address the City Council may speak or make presentations in this less formal meeting format. THE CONSENT AGENDA The Eagan City Council uses a CONSENT AGENDA procedure for routine items needing little orno deliberation. Those items are identified on the agenda and are approved with one vote unless a councilmember or citizen requests that the item be discussed or considered separately. PUBLIC HEARINGS Certain items on the agenda are identified as PUBLIC HEARINGS. These are formal proceedings giving citizens an opportunity to express their concerns on a specific issue. Some issues on which the Council is required to hold public hearings are the annual budget, public improvementprojects, and levying of special assessments. The Council endeavors to complete action on each issue the same night as the hearing. However, there maybe circumstances where additional information or action is needed making it desirable to defer action until a later date. Depending on the situation, the hearing may be closed or continued to a future meeting date. GENERAL HEARING PROCEDURES 1. Mayor opens the hearing. 2. Staffdescribes the proposal. 3. Those wishing to comment are heard. 4. Formal action is taken to close the hearing. 5. Councihnembers have an opportunity to comment and ask questions on the issue. 6. Council takes action on the issue or defers decision. /.~2 THE ROLE OF THE PUBLIC The City Council welcomes the public to all Council meetings, workshops, and hearings and you are encouraged to express your opinion during these meetings. To keep the agenda moving smoothly, the Council has adoptedbasic guidelines formaking presentations before the Council. • Thepurposeoftheguidelinesis: to provide for a more orderly meeting • to provide equal and adequate time for review and consideration of agenda items • to provide equal rights to all members ofthe public who address the presiding officer • to provide the City Council with an equal and rational approach to all decisions. MEETING CONDUCT GUIDELINES The City Council has established the following guidelines for the conduct of City Council meetings: 1. Persons attending a Council meeting may address the Council at the time at which specific items appear on the agenda. 2. When addressing the Council, the presenter shall approach the podium and begin present- ingbystatinghis/hernameand address. 3. All persons who speak must address the Mayor. 4. Atpublichearings, all questions and remarks from an audience member are limited to four (4) minutes and shall be addressed to the Mayor. Each person is limited to one tum. The Mayor may use discretion whether to allow repeat statements from the same person. 5. Presentations concerning items will be heard only upon approval of the Mayor. 6. To help maintain order, applause or other disturbances are discouraged. 7. Petitions should be presented to the City Administrator. 8. Audience members are encouraged to address the Council but cannot make motions or otherwise participate in the meeting. /.~ COUNCIL STANDING COMMITTEE AND REPRESENTATIVE APPOINTMENTS Council Committee Appointments -Standing committees of the City Council have been used to examine a specific subject matter at the request of the City Council. The standing committees for 2001 are as follows: Finance Committee: Councilmember Tilley (Chair) and Mayor Awada Public Works Committee: Councilmember Bakken (Chair) and Councilmember Fields Personnel Committee: Councilmember Carlson (Chair) and Councilmember Bakken Historically, the Mayor has made the appointments to the standing committees. Minnesota Valley Transit Authority Board: Councilmember Tilley School District #191: Councilmember Fields School District #196: Councilmember Fields School District #197: Councilmember Fields Municipal Legislative Commission: Mayor Awada Historically, appointments to representative positions have been made by Council consensus. REQUESTED ACTION: The Mayor to appoint members of Council standing committees; and for the Council to volunteer as representatives to the above referenced groups. OTHER APPOINTMENTS 1. Community Center/Central Park Teams -The City Councilmembers volunteered in September for the following Conununity Center/Central Park Teams; modifications were made for 2001 at the December 12, 2000 retreat: The City Council should discuss whether these subcommittees should continue during the next 1 S months while the Community Center is under construction. Site Design Team: Mayor Awada and Councilmember Carlson Partnerships/Operations: Mayor Awada and Councilmember Tilley Facility Design Team: Councilmembers Bakken, Carlson and Fields The original appointments were made on a voluntary basis with consensus approval by the City Council. REQUESTED ACTION: To re-affirm members to each of the three Community Center/Central Park Teams, if appropriate. /.3y Agenda Information Memo January 22, 2002, Eagan City Council Meeting VIII. NEW BUSINESS A. REZONING AND PRELIMINARY SUBDIVISION (MANLEY BROS. CONSTRUCTION) NATURE'S EDGE ACTIONS TO BE CONSIDERED: To approve a Rezoning of 10.04 acres from A (Agriculture) to R-1 (Residential Single Family) located at 4665 and 4636 Dodd Road in the NW '/4 of Section 36. To approve a Preliminary Subdivision to create 20 Lots for single family dwellings on 10.04 acres located at 4665 and 4636 Dodd Road in the NW '/a of Section 36 with the 20 conditions of approval noted in the attached staff report. FACTS: ~ On December 20, 2001, the Advisory Planning Commission held a public hearing on the Rezoning and Preliminary Subdivision with a Variance from the required 85 feet of lot width for properties zoned R-1 and a Variance from the required 50 feet of improved lot frontage. The Commission unanimously recommended approval of the Rezoning and unanimously recommended denial of the Preliminary Subdivision with the Variances based upon the following criteria for reviewing subdivisions in the City Code (with one Commissioner abstaining): A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. • In response to the APC's recommendation concerning the Preliminary Subdivision, the applicant submitted revised plans (received on January 11, 2002,) that eliminate the two Variances. The most significant changes are the following: - The Rosa Court cul-de-sac has been extended 10 feet to eliminate the previously requested variances. Consequently, six lots have revised lot azeas and lot frontages. All lots meet minimum zoning and subdivision ordinance requirements. The lots range in azea from 12,000 to 48,548 square feet with an average of 18,205 square feet. The net density of the development is 3.4 units per acre. - The plans indicate that wetland fill has been increased from 187 to 334 squaze feet. The Wetland Conservation Act (WCA) allows a maximum of 400 feet of wetland impact without replacement. The developer is required to file the /35 Agenda Information Memo January 22, 2202, Eagan City Council Meeting Page 2 appropriate application with the City to receive a de minimis exception from a replacement plan. - The site plan indicates an additional monument sign is proposed at the intersection of Rosa Court and Dodd Road. • On December 17, 2001, the APrC reviewed this development application and recommended that language be included in purchase agreements or restrictive covenants to educate future owners about the wetland and buffer. ISSUES: • The revised plan indicates that all lots meet minimum lot area, width, and street frontage. However, staff foresees an issue with the depth of Lot 17, Block 1. It is only 94 feet in depth. There also may be an issue with the future homeslstructures complying with the 25 percent maximum impervious surface requirement of the shoreland ordinance on Lots 2 and 17-19. • The Dakota County Parks Department has requested that a public trail access easement be dedicated over the existing trail and small bridge on the berm within the existing pond (Pond LP-25) along the west edge of the development. The developer should dedicate this easement at time of Final Subdivision approval. • Dakota County Parks provided comments to City staff on the proposed stormwater management as it relates to the Lebanon Hills Regional Park Master Plan. Staff will evaluate these continents and determine how the concerns will be addressed and incorporated during the Final Subdivision process. ATTACHMENTS (4): December 20, 2001, APC meeting minutes, pages to Planning staff report, pages~~~ to f~0 Letter dated December 17, 2001, from Dakota County Parks Dept., page~f Letter emailed January 17, 2002, from Dakota County Parks Dept., original to be distributed at CC mtg. /~. ~` ~ ' ~6 3 /36 City of Eagan Advisory Planning Commisison Meeting Minutes December 20, 2001 DRAFT Page 3 PUBLIC HEARINGS REZONING & PRELIMINARY SUBDIVISION - MANLEY BROS. CONSTRUCTION Chair Heyl opened the first public hearing of the evening regarding a Rezoning of approximately 10.3 acres from A (Agriculture) to R-l, (Residential Single Family) and a Preliminary Subdivision (Natures Edge) to create 20 single family lots with a Variance to allow less than 85 feet of width at the required front yard setback on Lot 16, for property abutting the west side of Dodd Road, south of Cliff Road and north of McFaddens Trail in the NW '/< of Section 36. Planner Kirchoff introduced this item and highlighted the information presented in the City Staff report dated December 14, 2001. She noted the background and history. Chair Heyl opened the Public Hearing. There being no public comment, Chair Hey] closed the Public Hearing and turned discussion to the Advisory Planning Commission. Member Steininger stated he would be abstaining from this item. Chair Heyl stated a large portion of the property is wetland. She further stated the project has potential, however the project is too dense for the area due to the amount of ponding and wetlands. Member Segal asked applicant, Kevin Manly if he had reconsidered his request, in light of Staff's comments. Mr. Manly discussed the portion of the property that is located between the homes. He stated that the property is able to be mowed and shouldn't be considered wetland. He discussed the reasoning for the variance on Lot 16. He stated the lot is larger than average. He further discussed the mistaken and unnecessary variance on Lot 17. Member Segal questioned the code requirements. He stated he is not in favor of a subdivision. Member Hunter moved Member Segal seconded a motion to approve the request for Rezoning of approximately 10.3 acres from A (Agriculture) to R-1, (Residential Single Family). All voted in favor with Member Steininger abstaining. Member Hunter moved, Member Huusko seconded a motion to deny the request for a Preliminary Subdivision (Natures Edge) to create 20 single family lots with a Variance to allow less than 85 feet of width at the required front yard setback on Lot 16, for property abutting the west side of Dodd Road, south of Cliff Road and north of McFaddens Trail in the NW '/4 of Section 36. Should the City Council approve the Preliminary Subdivision, the following conditions should apply: /3~ City of Eagan Advisory Planning Commisison Meeting Minutes ~ ~~ December 20, 2001 Page 4 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: B1, 2, 3, 4; C1, 2, 3; Dl; E1 2. The property shall be platted. 3. The applicant shall receive a permit prior to the demolition of structures on site. 4. All well and septic systems within the subdivision shall be abandoned in accordance with City and Dakota County standards as part of this development. 5. T11e easement for the monument sign shall not conflict with City easements. The developer shall prepare the document for the monument sign easement and submit it to the City Attorney for review prior to Final Subdivision approval. The applicant shall obtain a separate sign permit prior to the installation of the entrance monument sign. 6. Lots 1, 2, 8-13, and 17-20, Block 1, shall comply with applicable standards of the shore land ordinance. 7. The applicant shall provide tree mitigation according to the City of Eagan Tree Preservation Ordinance. Mitigation is calculated to be 24 Category A, or an equivalent of Category B or C trees. 8. The developer shall install Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 9. The developer shall contact the City Forestry Division to set up apre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 10. Individual lot tree preservation plans shall be submitted at the time of building permit/grading permit application for Lots 1-12, 14, 16-17, and 20, Block 1. 11. A contract for the upgrade of Dodd Road (with associated public utility extensions and storm sewer) shall be awarded by the City Council prior to final subdivision approval for this development. 12. This development shall dedicate 33 feet of one-halfright-of--way along Dodd Road. 13. The development should meet the City's water quality requirements primarily by creating a minimum stormwater treatment capacity of 0.2 acre-feet covering a minimum area of 0.1 acre. The stormwater treatment pond should be constructed according to NLJRP standards with a maximum depth of 6 feet, a 10:1 aquatic bench from the normal water level, and an outlet skimmer according to City design standards. /~A City of Eagan ~ ~ ~~ Advisory Planning Commisison Meeting Minutes December 20, 2001 Page 5 14. A cash dedication should be required in lieu of ponding for untreated stormwater that will runoff of 2.0 acres of the site. 15. The development should be allowed 187 square feet of wetland fill. However, prior to any such activity, the development is required to file an appropriate application with and received from the City a de minimis exemption permit. 16. A vegetative buffer shall be required around the perimeter of the wetland. The buffer may be of varying widths subject to approval by the City Water Resources Coordinator. All voted in favor with Member Steininger abstaining. The APC members cited the proposal's failure to meet criteria listed in Section 13.20, Subd. 6. Specifically, items A, C, and D. Resident, Stuart Wierke stated the wetland is farmland that was owned by his father. He discussed the history of the property and stated the land should not be considered wetland. Member Steininger agreed with Mr. Wierke. /s9 PLANNING REPORT CITY OF EAGAN REPORT DATE: December 14, 2001 CASES: 36-RZ-20-11-01 36-PS-13-11-01 36-VA-29-12-01 APPLICANT: Kevin Manley PROPERTY OWNER: Same REQUEST: Rezoning, Preliminary Subdivision, and Variance (Nature's Edge} LOCATION: 4665 & 4636 Dodd Road HEARING DATE: December 20, 2001 PREPARED BY: Cynthia Kirchoff COMPREHENSIVE PLAN: LD, Low Density (0-4 units/acre) ZONING: A, Agriculture SUMMARY OF REQUEST The applicant is requesting approval of a Rezoning to change the zoning of a 10.04 acres from A, Agriculture to R-1, Residential Single Family and a Preliminary Subdivision to create 20 single family lots on 10.04 acres with a Variance to allow a lot with less than the required 85 feet of minimum lot width and Variance to allow a lot with less than the required 50 feet of minimum improved lot frontage on properties located at 4665 and 4636 Dodd Road in the NW '/4 of Section 36. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.40, Subd. 5 states in part, The provisions of this chapter maybe amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote oftwo-thirds of all members of the council. /yo Planning Report -Nature's Edge December 20, 2001 Page 2 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plata. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical chazacteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. /Y/ Planning Report -Nature's Edge December 20, 2001 Page 3 K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization," which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan." Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." Variance: City Code Chapter 13, Section 13.40, Subd. 3 states in part A. Purpose. The council may, after review and recommendation by the planning commission, grant variances from the strict application of the provisions of this chapter and impose conditions and safeguazds in the variances so granted where practical difficulties or particular hardships result from carrying out the strict letter of the regulations of this chapter. D. Issuance. If the council shall determine that the special conditions applying to the structures or land in question are particular to such property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the proposed variance or waiver will not be contrary to the intent of this chapter and the comprehensive guide plan and that the granting of such variance or waiver will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardships or difficulties, the council may grant such variance or waiver and impose certain conditions and safeguazds therein. BACKGROUND/HISTORY The subject development site is a compilation of two sepazate but contiguous unplatted parcels, which are currently utilized for individual single family dwellings. Manley Addition, developed by the applicant, is to the south. A connection was not provided from the south to the subject property. EXISTING CONDITIONS Water bodies guide the overall layout of this development. A wetland creates a "bowl" in the center of the site. A pond, which is an extension of the wetland, is present in the southwestern portion of the property. Significant trees are clustered along the northern edge and aze scattered in the southern portion of the development site. /y~- Planning Report -Nature's Edge December 20, 2001 Page 4 There are two single-family dwellings and six accessory structures currently on the site. One single family dwelling is proposed to be relocated to proposed Lot 2. All other structures are to be demolished in conjunction with this development. SURROUNDING USES AND ZONING The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Dakota County Electric Substation; A, Agriculture LD, Low Density Single Family Dwelling Residential South Single Family Dwellings A, Agriculture; LD, Low Density R-1, Residential Residential Single Family East Lebanon Hills Regional Pazk P, Public Facilities P, Pazk & Recreational Open Space West Single Family Dwellings A, Agriculture LD, Low Density Residential EVALUATION OF REQUEST A. Rezoning Comprehensive Guide Plan -The Land Use Plan map indicates this property is designated LD, Low Density Residential, which allows residential development with a density range of 0 to 4 units per acre. The applicant is proposing to rezone the property to R-1, Residential Single Family to allow for the preliminary subdivision of the property. The proposed zoning is consistent with the Land Use designation. B. Preliminary Subdivision Pro oral -The applicant proposes to create lots for 20 single family dwellings on 10.04 acres. Shelerud Drive and Rosa Drive aze proposed to be constructed with this development. In conjunction with the Preliminary Subdivision, the applicant is requesting a 15 foot Variance from the required 85 feet of lot width at the 30 foot front yard setback on Lot 16 and a 4 foot Variance from the required 50 feet of lot frontage on an improved public street for Lot 17. Overall, it appears as though the number of proposed lots exceeds what the site can support. Therefore, at least one of the lots on Rosa Court should be eliminated. /~{3 Planning Report -Nature's Edge December 20, 2001 Page 5 Compatibility with Surrounding Area -Properties to the north, south, and east are residential uses. Lebanon Hills Regional Pazk lies to the west, which is operated by Dakota County. The City has received notice from the County that a park maintenance building will be constructed just to the west of the subject property. The proposed use of the property is consistent with adjacent uses. Subdivision Design -The design of the development takes into consideration the location of the wetland, but it does not offer protection and enhancement of natural features on the site. The lots are small adjacent to the wetland and pond and proposed house pads are located close to preserved trees. The number of proposed lots exceeds what the site can support because the applicant is requesting ri~ o variances in conjunction with the Preliminary Subdivision. This site is not unique as to warrant relief from the ordinances. A reasonable use of the property can be made without any variances. Approximately one half of the proposed development lies within the Holz Lake shoreland overlay district, and the southeast portion lies within the Fitz Lake shoreland overlay district. Therefore ,Lots 1, 2, 8 through 13, and 17 through 20 must comply with the standazds in the shoreland ordinance, such as maximum impervious surface and building height. The subdivision of the site did not take this into consideration, as the lots in question are some of the smallest in the development. Densi -The gross density of this proposal is 2.0 units per acre and the net density is 3.4 units per acre. The Comprehensive Guide Plan permits residential densities of 0 to 4 units per acre in the Low Density land use designation. Lots -The proposed lots range from 12,000 to 50,892 square feet in gross area with an average of 18,227 squaze feet. Thus, they comply with the minimum lot azea standazds of the R-1 zoning district. However, 12 of the proposed 20 lots extend into the wetland and pond, as a result reducing the overall buildable azea of the lot. (Buildable azea excludes wetland and pond azeas.) Seven of the 12 have less than 12,000 squaze feet of buildable or net area (9,091 to 11,561 squaze feet). (Note: The shoreland ordinance only permits the land above the ordinary high water level of a public water body to be used to meet minimum lot area requirements. This is not required for a wetland or pond.) In conjunction with the Preliminary Subdivision, the applicant is requesting two Variances. Lot 16 only has 70 feet of width at the 30 foot front yazd setback, when 85 feet is required in the R-1 zoning district. Lot 17, Block 1, only has 46 feet of lot frontage. The subdivision ordinance requires that each building lot have 50 feet of frontage directly abutting an improved public street. Proposed house pads (inconsistently range from 45 to 50 by 45 to 50 feet) are shown on the preliminary site plan and grading plan. Staff has concerns that there may be problems with the ivy Planning Report -Nature's Edge December 20, 2001 Page 6 depth of the houses when an enclosed porch or deck is added on Lots 14 and 15 because they abut the existing pond, Lots 8 and 9 because they abut the wetland, and Lot 17 because it is a shallow lot. Setbacks -The R-1 zoning district requires the following minimum principal structure setbacks: 30 foot front yard, 10 foot side yard (5 foot for garage), and 15 foot rear yard. In addition, those lots that abut Dodd Road will be required to maintain a 40 foot building setback from the property line. There is also a recommended 30 foot setback from the ordinary high water level of the wetland. It is also recommended that a 15 foot buffer be preserved or planted azound the perimeter of the wetland. Further analysis of the wetland is presented in the Wetlands section of this report. Shoreland Ordinance Requirements - A portion this development lies within the shoreland of Fitz and Holz Lakes, thus requiring compliance with provisions of the shoreland ordinance. Impervious Surface Coverage -Lots 1, 2, 8 through 13, aze in the shoreland of Holz Lake shoreland Overlay District and 17 through 20 aze located within the Fitz Lake shoreland Overlay District. The shoreland ordinance limits the amount of impervious to 25 percent. Impervious surface includes the principle structure, accessory structures, and hazd surface driveway. This provision may pose a problem for Lots 2, 17, 18, and 19, because they are just over 12,000 square feet. Surveys on file indicate the applicant typically constructs homes with large footprints that include three stall gazages, which make the driveway wider and produce additional impervious surface. Structure Height -Building height is limited to 35 feet. This is measured at the midpoint of the roof. Dwelling height will be confirmed at the time of building permit. Tree Preservation - The tree inventory submitted with this application indicates that there are 436 significant trees on site. Species composition ranges from landscape/yard trees located azound the existing homes (pine, spruce (5"-15" diameter), ash, linden, maple (6"-17" diameter)) to naturally existing woodland trees found in lazger wooded areas and around wetlands (willow, oak, box elder, ash (6"-36" diameter)). The proposed development will result in the removal of 169 significant trees or 39 percent of the total. According to the City of Eagan Tree Preservation Ordinance, the allowable tree removal for asingle-phase, single-family residential development is set at 36 percent or 157 significant of the total trees. Staff has calculated actual allowable removal to be 36 percent because two of the proposed 201ots will be custom graded, therefore the normal allowable removal of 40 percent has been reduced to 36 percent. With a proposed removal greater than the allowable amount, tree mitigation will be required for this proposal. The required tree mitigation calculates to 24 Category A, or an equivalent combination of Categories B or Category C trees. The applicant has submitted a tree mitigation /yam Planning Report -Nature's Edge December 20, 2001 Page 7 plan that shows the installation of 24 Category A trees (4 inch deciduous trees to be tree spaded onto the site). Thirteen trees shown on the applicant's inventory as "City" trees have been excluded from the applicant's responsibility because of City construction to take place on Dodd Road. The City Forester will review individual tree preservation plans on Lots 1-12, 14, 16-17, and 20, Block 1 at the time of building permit. Landscaping -The subdivision ordinance does not require landscaping or screening for single family residential subdivisions, however, this project lies along a minor collector so screening could be provided to offer some protection for the future residents. The tree preservation plan indicates that evergreen and oak trees will be preserved along Dodd Road on Lots 10, 11, and 20. Lot 1 is a custom graded lot, so tree preservation will be reviewed at the time of building permit. Staff is hopeful that the two significant trees long Dodd Road will be saved. Grading -The preliminary grading plan is acceptable with modifications. The site generally slopes to the center and west to Lebanon Hills Regional Park with elevations ranging from 950 to 925. Lots 1 and 4 will be ::ustom graded so the grading plan will be reviewed at the time of building permit. Storm Drainage - The preliminary storm drainage plan is acceptable with modifications. The storm water runoff from a majority of the development is propased to drain via public storm sewer to a new water quality pond on Lots 14 and 15 before discharging to Pond LP-25 (as designated in the City Storm Water Management Plan - 1990). Pond LP-25 subsequently flows into Lebanon Hills Park to the west. Water Quality - This proposal is located within the City's L-watershed, which is associated with Fitz Lake to the southeast, Holz Lake to the east, and. LP-25 to the west. Approximately four acres of the pazcel is within the Shoreland Overlay Districts of Fitz and Holz lakes, state- protected water bodies classified as Class II-Indirect Contact Recreation by the City's Water Quality Management Plan. Straddling the boundary of Lebanon Hills Regional Park, LP-25 is classified as Class N-Wildlife Habitat by the City's Water Quality Management Plan. In order for the development to meet the City's water quality requirement, stormwater runoff is required to be treated prior to leaving the site. The plans indicate stormwater from 4.9 acres will be directed to a constructed treatment basin. Runoff from approximately 1 acre of the 4.9 acres is proposed to drain to a loan-lying 1 acre wetland azea prior to entering the treatment basin. Stormwater from 1.3 acres of the development is proposed to drain west to a 0.8-acre portion of wetland (LP-25). Stormwater from the remaining 2.0 acres of the development is proposed to drain offsite to City infrastructure along Dodd Road. This latter area would be subject to a dedication of cash in lieu of water quality ponding. /y6 Planning Report -Nature's Edge December 20, 2001 Page 8 Minimum requirements for volume and azea of water quality treatment ponds are based on the impervious proportion of proposed developments (i.e., land covered by buildings, pazking lots, driveways, and walks). With an impervious fraction of 19 percent, a minimum wet-pond volume of 0.2 acre-feet covering a minimum area of 0.1 acre is needed to treat the stormwater in this development. Wetland - Under the classification system of the U.S. Fish and Wildlife Service, the existing 1.8-acre natural wetland is classified as a Type 3. Type 3 wetlands are inland shallow fresh marshes that aze permanently inundated with six or more inches of water during the growing season. Vegetation includes grasses, bulrushes, and various other marsh plants such as cattails, arrowheads, and smartweeds. The wetland is under the jurisdiction of the Wetland Conservation Act of Minnesota (WCA), which is administered by the City. Section 404 of the Clean Water Act, administered by the U.S. Army Corps of Engineers, probably does not apply to this wetland. Any proposals to drain, fill, or excavate'the wetland needs to meet the provisions of these laws. The grading plan indicates that the wetland will be altered with 187 squaze feet of fill. Under provisions of the WCA, a maximum wetland impact of 400 square feet is allowed without replacement. The developer is required to file the appropriate application with the City to receive a de minimis exemption from a replacement plan. A 30-foot wetland setback and wetland buffer areas of varying widths aze shown on the preliminary site plan. A vegetative buffer should be reestablished around the perimeter of the wetland where it has been altered or is nonexistent. The buffer maybe of varying widths subject to approval by the City Water Resources Coordinator. Erosion Control - All of the City's sedimentation and erosion control policies shall apply to this development. Utilities - The preliminary utility plan is acceptable. Water main is available for connection within Dodd Road along the east edge of the development. Sanitary sewer will be available for connection and extension with the upgrade of Dodd Road mentioned below under "Access/Street Design." All existing well and septic systems on the site should be abandoned in accordance with Dakota County and City standazds as part of this development. Access/Street Design - Shelerud Drive and Rosa Court, both cul-de-sacs, are proposed to be constructed in conjunction with this subdivision. The two streets cannot be connected because of the wetland in the center of the site. Future access and/or connection to adjacent properties to the north or south are not provided. ~S' ~ Planning Report -Nature's Edge December 20, 2001 Page 9 Dodd Road from Cliff Road to the Eagan/ Rosemount border is scheduled for upgrade from its current rural section (ditches with no curb and gutter or storm sewer pipes) to an urban street with concrete curb and gutter and storm sewer. The upgrade project (City Project No. 751) has been approved by the City Council and is scheduled for the 2002 construction season. The project will include all necessary utility and storm sewer extensions to serve adjacent properties along this section of Dodd Road. A contract for the project should be awazded by the City Council prior to Final Subdivision approval for this development. EasementslRiphts of Wayf Pemuts - The developer should dedicate 33 feet of one-halfright-of- way along Dodd Road, as shown on the preliminary plat. Pazks and Recreation - The APrC will be reviewing this development on December 17'x. Staff will provide a verbal update of their recommendations. However, the developer should be subject to a cash pazk and trail dedication fees for all proposed lots. The dedication must be paid prior to the release of the final plat for recording at the rates then effect. Signa~e - The preliminary site plan shows a 20-foot by 20-foot monument sign easement at the corner of Lot 10. The easement configuration will have to be changed as a 10 foot drainage and utility easement extends along the two street frontages of Lot 10. The City will need documentation of the sign and easement maintenance. The sign ordinance limits the height of monument signs to seven feet in height, with only four feet of sign display azea and three feet for the base. Further, a 10 foot setback is required from the property line. A separate sign permit will be required to install the residential development sign. Airport Noise Considerations - The property lies outside of the airport noise exposure zones established by the Metropolitan Council. C. Variance The applicant is requesting two variances in conjunction with the Preliminary Subdivision. City Code Chapter 11, Section 11.20, Subd. 8. A. requires 85 feet of width at the minimum required front yazd setback for properties zoned R-1. Lot 16 only has 70 feet of width at the setback. Thus, the applicant is requesting relief from the ordinance. According to the applicant, the hardship for this variance is that Rosa Court would have to be lengthened in order to increase the width of the lot at the setback. Further, the applicant has stated that the reduced lot width offers Lot 15 a larger rear yard because the NLTRP pond is located on this lot. City Code Chapter 13, Section 13.30, Subd. 8. C. requires each building lot to have a minimum of 50 feet of frontage directly abutting a publicly dedicated street. Lot 17 only has 46 feet of street frontage. The applicant did not submit a rationale as to why this variance is needed, but it is assumed to be associated with increasing the reaz yard of Lot 15. iy~ Planning Report -Nature's Edge December 20, 2001 Page 10 A determination regazding relief from the zoning ordinance is considered a policy matter to be determined by City Officials. SUMMARY/CONCLUSION Rezoning The requested Rezoning from A, Agriculture to R-1, Residential Single Family is consistent with the Comprehensive Guide Plan designation of Low Density Residential. Preliminary Subdivision Although the requested Preliminary Subdivision complies with the density range designated by the Comprehensive Guide Plan, the proposed number of single family lots exceeds what the property can support. In addition, the proposal does not comply with all applicable City Code provisions. Variance The subject property is not unique to warrant the granting of Variances from the minimum required lot width and frontage. The site can be developed without variances. The alleged hazdship is self-created and does not preclude the applicant from making a reasonable use of the property. The condition upon which the variance appears to be based is applicable to other properties within the R-1 zoning classification. This property does not exhibit a unique or special feature that would require or warrant relief from ordinances. The reasons stated by the applicant for granting this variance serve as a convenience. If one lot needs to be deficient in any manner in order to increase the buildable area of another lot, then the site is being overdeveloped. The proposed preliminary subdivision layout created the alleged hardship. ACTIONS TO BE CONSIDERED To recommend approval of the Rezoning of 10.04 acres from A, Agriculture to R-1, Residential Single Family on property located at 4665 and 4636 Dodd Road in the NW %. Section of 36. To recommend approval of the Preliminary Subdivision (Nature's Edge) to subdivide 10.04 acres into 20 single family lots with a Variance to allow a lot with less than the required 85 feet of minimum lot width and a Variance to allow a lot with less than the required 50 feet of minimum improved lot frontage, on property located at 4665 and 4636 Dodd Road in the NW '/< Section of 36. /f'9 Planning Report -Nature's Edge December 20, 2001 Page 11 If approved, the following conditions should apply. 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: B1, 2, 3, 4; C1, 2, 3; D1; E1 2. The property shall be platted. 3. The applicant shall receive a permit prior to the demolition of structures on site. 4. All well and septic systems within the subdivision shall be abandoned in accordance with City and Dakota County standards as part of this development. 5. Easements for the monument signs shall not conflict with City easements. The developer shall prepare documents for the monument sign easements and submit them to the City Attorney for review prior to Final Subdivision approval. The applicant shall obtain separate sign permits prior to the installation of the entrance monument signs. 6. Lots 1, 2, 8-13, and 17-20, Block 1, shall comply with applicable standards of the shoreland ordinance. 7. The applicant shall install provide tree mitigation according to the City of Eagan Tree Preservation Ordinance. Mitigation is calculated to be 24 Category A, or an equivalent of Category B or C trees. 8. The developer shall install Tree Protective measures (i.e., orange colored silt fence or 4 foot polyethylene laminate safety netting) at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 9. The developer shall contact the City Forestry Division to set up apre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 10. Individual lot tree preservation plans shall be submitted at the time of building permit/grading permit application for Lots 1-12, 14, 16-17, and 20, Block 1. 11. A contract for the upgrade of Dodd Road (with associated public utility extensions and storm sewer) shall be awarded by the City Council prior to Final Subdivision approval for this development. 12. This development shall dedicate 33 feet of one-halfright-of--way along Dodd Road. /So Planning Report -Nature's Edge December 20, 2001 Page ] 2 13. The development should meet the City's water quality requirements primarily by creating a minimum stormwater treatment capacity of 0.2 acre-feet covering a minimum area of 0.1 acre. The stormwater treatment pond should be constructed according to NURP standards with a maximum depth of 6 feet, a 10:1 aquatic bench from the normal water level, and an outlet skimmer according to City design standazds. 14. A cash dedication should be required in Lieu of ponding for untreated stonnwater that will runoff of 2.0 acres of the site. 15. The development should be allowed 334 squaze feet of wetland fill. However, prior to any such activity, the development is required to file an appropriate application with and received from the City a de minimis exemption permit. 16. A vegetative buffer shall be required azound the perimeter of the wetland. The buffer maybe of varying widths subject to approval by the City Water Resources Coordinator. 17. The subdivision shall be subject to cash pazk and trial trail dedication. 18. The developer shall include language in purchase agreements or restrictive covenants that informs future lot owners about wetland and buffer maintenance. 19. A public trail access easement shall be dedicated over the existing trail and small bridge on the berm within the existing pond along the west edge of the development. The developer shall dedicate the easement at the time of Final Subdivision approval. 20. Staff will review the Dakota County Pazk Department's comments on the proposed Nature's Edge stonmwater management plan as it relates to the Lebanon Hills Regional Park Master Plan. Concerns will be addressed and incorporated during the Final Subdivision process. /S/ a Esgan Boundary street Centerline L ti Pauroel Araa on Map ~ oca Building Footprint " ~_ ~ ~~ of _ _ ~ ; 1 J ~ .~ O ~ ;t r ~_ - c ~ ~ a ...~ ~ µ • .~ 4 ~e ~ ~° .a -s J . 6 a c~ ci L r!~ F G ~ o e ~r ~ ,- ~? ~ ~ c n .9 C ~ . . @~'* r ~ 9~ ~~ y v ® B ~ ,~ ~'' = s " N y ~ d,, _ _ e ~ ~ ~. Au ril' E y G q~~ t Sub'ect Site a d ~ - ~ - .; ':' L+ s y' 0 FO . 4 ~ L. R ~ . CJ f t~ ~ 3 q er !'~ / ~ ~ ~ ,~ it 9 :. ~' O . ~ ' or © ~ ~ e t ~ it A • ~ ~ ., ; c : ~ ~. ~ ~ ~ ' _ c ~J y ~+ _ ° e i Q 6 ~ a ~ . ® ~~ ~~ 1000 0 1000 2000 Feet Development/Developer: Nature's Edge Application: Rezoning and Prelim. Subdivision Case No.: 36-RZ-13-11-01 and 36-PS20-11-01 /'~ Mep P pared wing ERSI Are1Mw ~.7. ParoN Gse map data provided Da County L.aM Survey OeWrtrnent and M eurtent as of OctoMr ]001. N City of Eagan ./, - THIS MAP IS INTENDED FOR REFERENCE USE ONLY u ~ E A~ ! N N E S C : A The City agan and Dakota County do not guarantee the accuracy of this IMormation and an S Ce,mnu,aey D.rr^n^~e^t f>•p.rtn~nt not neponsible for orrors or omissions. Current Zoning and Comprehensive Guide Plan Nature's Edge Land Use Map Case No. 36-RZ-13-11-01 and 36-PS-20-11-01 Zoning Map ~~ ~ R, ., ly R- ,~ m ~ R-1 R Current Zonin : g A • P A Agriculture A P /~ 1 R 1 ~' P A A •00 0 •00 1200 Fwl e 0 ~' Comprehensive Guide Plan ~~~Y ~ lY L Land Use Map ~ L ~ L I , , LD LD I P Current Land Use Designation: LD i LD LD P t Low Dens ty P D P LD LD •oo ° ••• aoo F..l e D r°~ ~+' .eN a~. i~Y~:ien .my n.reu eounry u~a sw.y wP.ren.K wr°~m~. N `/ M l~.n ~nrnlaww sy cny slN. an "' E f Ea Cit y o g AP IS INTENDED FOR REFERENCE USE ONLY Community Development Department Thy City of Eagan and Dakota Coolly do not guaranlr~ the accuracy of this information. s WW~ F A Q ~- W ° z W ~i ~ V W s i a 3 ~ jj~ ~ Y Z ~aal~i~~A V ~afa ~¢p~~~~ ~ I W ~ ~ `~ ~ S:;i m~ ~~~~I~Illi~ O ~~ C ~ b gi~pp(( n ~bn ~~n ~ ~ p Q~n ~~ ~ ; a ~_ ° ~ ~ W y~j ~• r ~ ycr ~W~ 7~yC 3 Stl W b v ~ ~ h If7 O N ~ ~ O ' y~ n Fo zz P Y ~ ~. 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Syr-"~.,~~. *~ i !! i s_~-- ~ ;; C3 Z F i b 3 I i ~l h~ °1 ~ ~' • W ' ~_ Sie ~ ~ W ~~ 4 • 0 i i~ tS ~ A ° W r, 1~ Z z W ~ ~ W F a C7 OW W Q '~ V Q ` ,~ ~ ,~., ~- I . _ ~ ~' ?` 3 ~yH F m N ~<~~~ ~ ~ A~~YS» } >~> ~ }.~ W~~~~ :~ -7~- pf~~ir>i~eio W ' ~ ~ MMMw /~~~~~1~ ~.~ i / /~iG°'~~x Ir u .`~ / t; ~ . ~i ,L`~~ ~ i~~ ~~ ~~j eft t / S1 ~ ~~ ~ ~~ n~>; ~11;~~ i}{ ~k4 ~j I~E~~~ (i ~i tr m, >I! 1. iur i~ W sly ohs i ti 21 r} i !~•+ 11~ ~t iii t• E ~ ~ ~ (E ^~~ M ^ ~~°w ^ t~ Y ~~`~ ~ W 00 N ~ • • h ~ R ~kk oa f 3 0 aa9Y ~nog~; ~ =~s° _ ~~~ _ N ~ ~~R~~,~ ~ ~ ~ c ~ ~ ~~ {n1~Cf/7NNml_~3N _J _ 0 N f`~ 0 U 0 w w U W G, c o u n r r Parks Department Steve Sullivan, RLA Parks Director Dakow Counq 8500 127th Street East Hastings, MN 55033 651.438.4660 Fax 651.437.4560 www.co.dakotamn.us December 17, 2001 Cynthia Kirchoff, Project Planner City of Eagan Community Development Department 3830 Pilot Knob Road Eagan, MN 55122 Dear Ms. Kirchoff Thank you for sending Dakota County Parks Department the public hearing notice for the proposed Nature's Edge Development Project (Case # 36-PS-20-11-01). We have reviewed the application from Manley Bros. Construction to rezone approximately 10.3 acres from agriculture to residential to create 20 single family lots. The Parks Department takes this opportunity to communicate the planned future use of regional park land adjacent to and bordering the west edge of the Nature's Edge project site. Future park management and development is defined in the Lebanon Hills Regional Park Master Plan adopted by the Dakota County Board in May of this year. Pages 5.43, and 5.47 through 5.50 of this document are enclosed The entire master plan, including color map illustrations, is available on the County web site (www.co. dakota.mn.us). The master plan calls for the relocation of the existing maintenance facility to the northeast section of the park. The master plan shows that the maintenance facility would be accessed via a relocated park road that would also serve Schulze Lake Beach and the Visitor Center/Trailhead facility. Evaluation of the feasibility of this road is currently under way as a component of the Visitor Center/Trailhead project. The map shown on page 5.50 should not be interpreted as a precise site location map, but instead as a conceptual map depicting the general vicinity of a future park facility. Please also note on page 5.43 that the plan calls for realignment of winter and summer traits in the northeast section of the park. As you know, effective surface water management is a continuing concern throughout the Gun Club Lake watershed and particularly in Lebanon Hills Regional Park. The Parks Department is concerned about the quantity and quality of the storm water runoff that could occur both during development and after development is completed. We look forward to reviewing the proposed plat and accompanying runoff management plan and encourage the protection of water resources Please call (651.438.4690) or a-mail (bruce.blair@co.dakota.mn.us) if further information is needed. Sincerely, ~~ ~~ Bruce Blair Enclosures: C: Steve Sullivan, Dakota County Parks Director bbb LV Respose to C. Kirchoff .b, x>x ~..~.~..~. MI [QUM ORprLMY @RO'16l January 17, 2002 Mr. John Gorder Water Quality Engineer City of Eagan Maintenance Facility 3501 Coachman Point Eagan, MN 55122 Dear Mr. Gorder: The Dakota County Parks Department appreciates the opportunity to offer comments on proposed storm water management at the Nature's Edge subdivision, which borders the east boundary of Lebanon Hills Regional Park. As you know, our main reference guide in lieu of a completed water resources management plan is the Lebanon Hills Regional Park Master Plan adopted by the County Board earlier this year. Pages 4.31 through 4.39 of the Plan are enclosed for your information. Page 4.35 lists storm water management objectives. Storm water management in the proposed subdivision may conflict with some plan objectives. The first two objectives on page 4.35 state that offsite storm water should not contribute increased volume, rate or water quality impairments, and that only high quality storm water should enter the Park. We understand that the project as proposed, would allow some limited volume increases to occur, and that some storm water entering the Park could be of lower quality than pre-development runoff. Increased volumes of lower quality water flowing into the Park are a major concern that we believe warrants thorough evaluation. Our water management related specific comments are: • To improve water quality through filtration, please evaluate the potential of having the storm sewer line that drains Sheldrud Drive first filter through the wetland to the east of the proposed constructed storm water pond and not discharge directly into the storm water pond. JR: c: Iwindowsltempll -17-02-natures edge comment letter.doc /6,z • The normal pool elevation of the existing natural pond on the park boundary apparently was lowered by about 2 feet as the result of a drainage ditch into the park that appears to have been dug approximately 20 to 30 years ago. Over time, this artificial ditch will experience natural sedimentation, which could result in enlargement of the upstream pond onto established lawn areas. To avoid this scenario, consideration needs to be given to raising the elevation of this pond back toward what was its apparent original higher pool elevation. This could potentially offer increase infiltration opportunities. At some time in the past, earthen fill was placed in the pond, dividing it in half, north-to-south, along the property boundary. About half of the fill was placed on park property, apparently without review or approval from County Parks. An informal walking trail exists along this fill material. We suggest that the city evaluate the feasibility of utilizing the two cell pond to optimize water quality and minimizing storm water entering the park. Finally, the recently completed master plan for the park also describes trail, development and natural resource improvements. Within the Park and near the Natures Edge development significant changes may occur. This could include a new entrance road to the Schulze Beach vicinity; trail realignments and a new park maintenance facility. Also, the existing pond trail into the park is not referenced within the master plan. We offer this master plan vision to avoid any potential misunderstandings as to the future improvement of the park. Thank you for this opportunity to comment. If you need additional information, please contact me. Sincerely, Bruce Blair Manager, Development and Maintenance c: Susan Hoyt, Physical Development Director Steve, Parks Director Johnny Forrest, Parks Senior Planner Rich Brasch, Boonestroo & Rosene JR:c: Iwindowsltempll-17-02-natures edge comment letter.doc /63 Agenda Information Memo January 22, 2002 Eagan City Council Meeting B. CDBG FUNDING FOR FISCAL YEAR 2002 ACTION TO BE CONSIDERED: - To provide staff direction for the distribution of FY 2002 Community Development Block Grant (CDBG) funding. - To adopt a resolution authorizing the City Administrator to submit the CDBG Program applications, per Council distribution direction, to Dakota County CDA. FACTS: - The CDBG fiscal year begins July 1. The U S Department of Housing and Urban Development (HUD) provides block grant funding for programs that adhere to national objectives and eligible activities per CDBG Program regulations. - Eagan's FY 2002 available funding amount will be $238,042. - The Dakota County CDA administers the CDBG program and will review and forward the City's desired funding allocations to HUD for approval. ATTACHMENTS: (2) - January 15, 2002 memo to the City Administrator on pages ~ through ~. - Resolution, page. id y ~,~-\ ~~ ~i~: .f/ -city of eagan MEMO TO: Tom Hedges, City Administrator FROM: Mike Ridley, Senior Planner ~~ DATE: January 15, 2002 SUBJECT: Fiscal Year 2002 CDBG Application BACKGROUND The Dakota County Community Development Block Grant (CDBG) Program sets off its new program year annually on July 1st. The U S Department of Housing and Urban Development (HUD) provides the block grant funding. Eligible CDBG funding programs need to adhere to national objectives and eligible activities under the CDBG Program regulations. Generally, CDBG funding can be used to assist people with low to moderate incomes and for efforts that eliminate slums and blight. The City submits applications that are reviewed by the Dakota County Community Development Agency (CDA) staff and CDBG District Committees. The CDA also prepares and submits aone-year action plan for Dakota County Board approval that, in turn, is submitted to the U.S. Department of Housing and Urban Development. HISTORY The City has historically provided funding for housing rehab loans, Wescott Youth Services, homeownership assistance, and set aside dollars that will accumulate in the Home Swap fund and are earmarked for senior housing. Due to CDBG allocations since FY 1998, the existing balance in the Home Swap (senior housing) Program Fund is $459,000. The CDA has been reviewing potential locations (in the Cedarvale area) for a third Eagan senior housing location. While subject to change, the CDA anticipates initiating the planning process for the first phase of senior housing at a third location or the second-phase of senior housing at either Eagan's existing south or central senior housing sites in 2002, potentially with construction in 2003. There is also an existing balance in the Blight Clearance (Cedarvale) Program Fund of $147,500. For background, I have attached the Council's FY 2000 and 2001 CDBG funding allocation for review (Exhibits A & B). For FY 2001, due to existing fund balances, the City Council did not allocate any new funds to the Housing Rehabilitation Loan Program. While each community has dedicated dollars, Home Swap funds are pooled county-wide to assist with senior housing projects that are ripe for acquisition or /~s 2 construction, those dollars also are used in revolving loan format to fund the Housing Rehabilitation Loans Program throughout the county. Because of this, I recommend that the Council should not put money specifically toward the Rehab Program but, rather, put more funding into the Home Swap category. For your information, since 1994, the CDA has completed 36 Housing Rehabilitation Loan projects in Eagan. The program has expended $639,023 in CDBG funds for those eligible Eagan borrowers. FISCAL YEAR 2002 The CDBG funding amount for Eagan is for FY 2002 is $238,042, down approximately $12,000 from FY 2001. In response to my request for departmental funding requests, the Parks & Recreation and Police Departments have continued to identify the Wescott Square as a primary area of need. Park & Rec has also highlighted and requested additional funding for the Quarry Park area to assist in providing opportunities for youth and families in that area. I have attached the request information memos from those two departments (Exhibits C & D). The amount of funding requested by Parks & Recreation and Police totals $47,500. I am proposing adding the Housing Rehabilitation Loan Program category back in the mix for FY 2002. Not only has the program has been successful but, from the big picture perspective, it is critical to further the City's goal of maintaining a healthy housing stock. SUMMARY The City's FY 2002 CDBG allocation will be $238,042. Funding each of the FY 2001 programs at the 2001 level and including the additional requests for Quarry Park and the Housing Rehabilitation Loan Program is not possible. Therefore, I have prepared a FY 2002 funding allocation scenario: Home Swap (Senior Housing) Wescott Youth Services Quarry Park Youth Development* Homeownership Assistance Eagan PD Presence/Wescott Cedarvale Blight Total $120,000 $ 10,500 $ 8,000 $ 10,542 $ 29,000 $ 60,000 $238,042 * If the Council chooses to fund this category, staff will have to verify that the majority of the persons served with these programs meet the Low and Moderate Income requirements established by HUD. If this cannot be verified, those dollars would need to be reallocated. /66 Tom, the City Council has full discretion to establish priorities from both a programming and funding level standpoint. Dakota County would like our CDBG applications submitted to the CDA by the end of January 2002. Please contact me if you have any questions or need additional information. 3 /6~ EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 18, 2000 PAGE 15 CDBG FUNDING FOR FISCAL YEAR 2000 City Administrator Hedges provided an overview on this item. Councilmember Bakken moved, Councilmember Masin seconded a motion to allocate FY 2000 CDBG funding as follows: Home Swap (Senior Housing) Housing Rehabilitation Loans Wescott Youth Services Homeownership Assistance Eagan PD Presence/Wescott Cedarvale Blight Fathers and Families (RCFF) Total $100,000 $ 60,000 $ 9,632 $ 10,000 $ 20,000 $ 40,000 1 000 $240,632 Aye: 5 Nay: 0 Councilmember Bakken moved, Mayor Awada seconded a motion to adopt a resolution authorizing the City Administrator to submit the CDBG Program applications, per Council distribution direction, to Dakota County. Aye: 5 Nay: 0 LEGISLATNFJINTERGOVERNMENTAL AFFAIRS RESOLUTION SUPPORTING THE DAKOTA COUNTY CITY AND COUNTY MANAGERS' RECOMMENDED LEGISLATIVE ISSUES FOR THE 2000 SESSION City Administrator Hedges provided an overview on this item. Councilmember Bakken moved, Councilmember Masin seconded a motion to approve a resolution supporting the Dakota County City and County Managers' recommended legislative issues for the 2000 session. Aye: 5 Nay: 0 VISITORS TO BE HEARD Joe Bari said that he did not want the City to make the same mistakes as ISD 196 with regard to the referendum for the central park. He stated that the public should be provided with adequate information and the referendum should bewell-marketed. DJovRNMENT The meeting adjourned at 11:30 p.m. MLK Date City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4600, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. /6B" `` 1(c t e C ~-~ ~u,cA,-~eS CDBG FUNDING FOR FISCAL YEAR 2001 Ciry Administrator Hedges introduced this item asking the City Council to provide staff direction for the distribution of FY 2001 Community Development Block Grant funding from Dakota County. He addressed the sample uses for the funds prepared by Senior Planner Ridley. Discussion was held by the Council regarding the Eagan Police Department presence, security lighting at Wescott, Quarry Park area, and the Community Action Council's request for funding. The Council discussed the appropriateness of public funding for private property. Mayor Awada suggested that the three new funding requests for FY2001 (totaling $58,000) could serve the City better by providing additional senior housing opportunities, preferably in the Cedarvale area. Council members agreed. Discussion was also held regarding the senior housing allocation, Cedarvale Blight, and homeownership assistance. Mayor Awada suggested that $58,000 be split equally into the senior housing and Cedarvale Blight categories. Councilmember Bakken discussed precedents set and past Council actions. Mayor Awada moved, Councilmember Bakken seconded a motion to allocate the FY2001 Community Development Block Grand funding as follows: Home Swap (Senior Housing) $129,000 Wescott Youth Services $ 10,500 Homeownership Assistance $ 10,000 Eagan PD Presence/Wescott $ 30,000 Cedarvale Blight $ 69,000 Aye: 5 Nay: 0 Mayor Awada moved, Councilmember Bakken seconded a motion to adopt a resolution authorizing the City Administrator to submit the CDBG Program applications to Dakota County CDA. Aye: 5 Nay: 0 /d 9 P -. #~ ~. ~ ,~ . ,. s ' -city of eagan TO: Mike Ridley, Senior Planner MEMO FROM: Jeff Asfahl, Superintendent of Recreation DATE: December 18, 2001 SUBJECT: CDBG Application for FY 2002 Ken Vraa, Director of Parks and Recreation and I have discussed the following ideas for inclusion in the CDBG FY 2002 application. n Youth Development: Continue to fund the Youth Development programs at the Wescott Center in the amount of $10,500.00. This program is very successful and has been funded with CDBG funds since 1994. The demographics always seem to be in flux, and presently approximately 70% of the residents are families that have emigrated from Somalia. This has required a good deal of work to understand their cultural heritage and to help them adapt to our western culture. With the continued assistance from the CDBG program, programs such as: family special events, field trips to metropolitan attractions such as the Dodge Nature Center, Children's Museum, etc, preschool aged programs, teen mentorship programs, tutoring assistance, and various activities scheduled on non-school days, can all continue to take place at the Wescott Center. Additionally, we have been very successful with developing several positive opportunities for youth and families in the Quarry Park area. These opportunities have been made available on occasion since 1997 through various mini -grants that Youth Development staff have acquired. Staff believes that $8000.00 of CDBG funds would help us to continue to reach out to those individuals in that neighborhood azea. The following activities is a listing of activities that could be offered: field trips to metropolitan attractions, special guest speakers such as librarians, health experts, naturalists, etc., and various special events and non-school day activities. The need for a small computer lab (such as 1-2 laptops) has also been identified as a need. Thank you for your attention to this matter. Please contact me at 651-681-4657 if you have any questions. /70 ~` MEMORANDUM EAGAN POLICE DEPARTMENT 3830 Pilot Knob Road Eagan, MN 55122 651-681-4700 651-681-4738 FAX DATE: December 14, 2001 TO: Senior Planner, Mike Ridley FROM: Captain James S. McDonald SUBJECT: Community Development Block Grant (C.D.B.G.) Funding Per your request, I am forwarding a memo to request funding for the Police Substation located at the Wescott Apartments. As you know, the police department occupies a Police Substation at the Wescott Apartments, and we have been utilizing Community Development Block Grant monies to pay expenses. Without C.D.B.G. assistance, we could not maintain the substation. I understand the money from the grant becomes available July 1, 2002 after funding is awarded. To keep the substation open, the police department is requesting $29,000.00 for fiscal year July 1, 2002 thru June 30, 2003. If you have any questions or concerns regarding this matter, please feel free to contact me. /7/ CITY OF EAGAN DAKOTA COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE APPLICATION OF THE CITY OF EAGAN FOR FISCAL YEAR 2002 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING BE IT RESOLVED by the City Council of the city of Eagan as follows: 1. The City Administrator is authorized to submit the attached application to Dakota County for a Community Development Block Grant in Fiscal Year 2002. 2. The application is approved by the City Council and the Mayor and City clerk are authorized to execute it on behalf of the City of Eagan. 3. That the Dakota County CDA be designated as the administrative entity to carry out the program on behalf of the City. Adopted by the City Council of the City of Eagan this 22"d day of January, 2002. Ayes: Awada, Bakken, Carlson, Fields, Tilley Nayes: None Patricia Awada, Mayor ATTEST: Maria Karels, City Clerk /'I~ ~; - _ . _~ .. ~ , ~•+~ ~E 1. 1 t h-; !: ~.d f f F.'OL Bi ~HF'~~ Minnnenh f ~urful !'~'flrnAlinn ~~ Paye 1 of 2 3/01 ........~,...... ~......., ..,...,.~.,...y LG220 -Application for exempt Permit Fee - $25 f=or oa se n Feepnici _ ~t'gaTllZat1011 {ftfOrnlatlOn ChPCk No._ ___ Organ¢alion name Previous lawful gambling exemption number (~„i t1 ~ (Yla 2 tNA- -Q'n.~._n'- ar ~--~.s~41_ c1.u ~, ~---- ~~A ------ -- ---- --- --- _ Street Clty S1ateJZip Code County ~I~A ~~x%n~a~-, ~} VQ ._So.. _ Ea.~i~ mN sS~~ ~~ Kv'~~.~.._ __._. Name of chief executive officer (CEO) First name Last name baytime phone number of C:EU F4+Le (Z_~'t~ (~ K__TN o~m so,~ .~------._,._-_ l_o s ~~_C~1-=--0 ~-!-g-------- Name of treasurer ~ daytime phone number of First ntame Last name ~At2R~ Pu~RiN~~Totil treasurer. ~s~- ~~3-3s~~ Type of Nonprofit Organization Check the box that best describes your organization: ^ Fraternal ~ Religious ^ Veteran [] Other nonprofit organization Check the box that indicates the type of proof your organization attached tv this application: iRS Letter indicating income tax exempt status ^ Certificate of Gaod Standing from the Minnesota Secretary of 5tate's Office ^ A charter showing you are an affiliate of a parent nonprofit organization ^ Proof previously submitted and on file with the Gambling Contro! Board _.~. Gamblin Premises information ____._ Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing wilt take place} Address (do not use PO box) City~p r S~_ 5taterLip Code County FSO ~e-x; n~~---o--n ~1 ye • ~So _ ~~.L-~ e ~/ rv- N ,rs>r ~ 1~A K o ~A Dates of a rafles, indicate the date of th rawin 9_,I o o .--- ---------_ _----_------- -- ___- Check the box or boxes that indicate the type of gambling activity your organttetlon wM be conducting: ^ 'Bingo Raffles (cash prizes may not exceed $12,000) [] 'Paddlewheels [] "Pull-labs [-] "rlpboards 'Equipment for these activities must be obts(ned from a frensed distn`butor. This form will be made available in alternative format (i.e. large print. 6rame) upon request. The Information requested on this form (and any attachments) will be used'by the Gambling Control Board (Board) to determine your quai'Rlcations tv be inwived in lawful gambling activities In Minnesota. You have the right to refuse to suppy the information requested; however, rf you refuse to supply this infonnaUon, the Board may not be able to determine your quaCficaUons and, ds a consequence, may refuse to issue you a permit. It you supply the infirmation requested, the Board w11 be able to process your appllcatlon. Your name and and your organization's name and address w~ be pubrrc information when recehred by the Board. All the other information that you provide will be private data about you until the Board issues your permit. When the Board issues your permit, all of the Information that you have provided to the t3oard in the process of appying for your permit will become public. If the Board does not Issue you a permit, all the information you have provided in the process o1 applying for a permit remaln5 private, with the exception of your name and your organization's name end address which wiN remain public. Private data about you ere available only to the following: Board members, staff of the Board whose work assignment requires that they have access to the lnformatirn; the Minnesota Department of puhRc Safety. the Minnesota Attorney General; thr'. Minnesota Commissioners or Administration, Finance, and Rev-~nue; the Minnesota LeglslativeAuditor, national and intemaGonai gambling regulatory agencies: anyone pursuant to court order: other individuals and agencies that are specitlcalty authorized by state or federal law to have access to the in`ormefidn; individuals and agencies for which la-v or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. T~FJ-t_W-~ri~ ~`, lid: 1 ~ GHFI['L :11i=, i=i_it !TF'i i~ F,i iNF'C~ r.~1r,_;~~4 r:•.- ~_ . ~ i::. . ,~.. ~l LC220 -Application for Exempt Permit Pf,ge z of z 3101 Organ'aation Name Se 1 ~ T S_m~fiN/~. ~A N D 1Yl A~ ~ ~ PISCVP/4~ __ (°: j~UR~ /f __ Local Unit of Government Acknowledgment If the gambling premises is within city limits, the city must sign this application. On behalf vi the rity, I acknowledge this application Check the action that the city is taking on this application. The city apprave~ the application with no waiting period. The city approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class city). The city denies the application. Print name of city J ~~ (Signature of city personnel receiving epp Date l ~ / ~ ~ _1_._,~~- Chief Executive Officer's Sign~'tture The information provided in this application is If the gambltng premises Is located in a township, both the county and township must sign this application. _ On behalf of the county, I acknowledge this application. Check the action that the county is taking on this application. ~'] The county approves the application with no u waiting period. The county approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days. The county denies the application. Print name of county ______ (Signature of county personnel receiving application) Title -~_...,. Date ! / 74WNSNIP: On behaN of the tovmshlp, t ecknowledflK that the organization is applying for exempted gambling acU~ity within the township limns. [A township has no statutory authority to approve or deny an application (Minn. Stat_ sec. 349.213, subd. 2).J Print name of township (Signature of township official acknowledging appl'WCatlon) Title __._ Date / and ~cr~at~to the best of my knowledge. Chief executive officers slgna~rre ~' (r~~ . ~ ~ - ~...... Name (please print) ~Je . /Yl /~ ~ K T~f_QLYi~~/J _ _ Date~,_/__~._1, Mail Application and Attachments At least 45 days prior to your scheduled activity date send: • the completed application, • a copy of your proof of nonprofit status, and • a $25 application fee (make check payable to "State of Minnesota") Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 If your application has not been acknowledged by the local unit of government or has been denied, do not send the application to the Gambling Controi Board. s~~~. I tRev. 6-ael RV-01014-02 ,~. . Minnesota Department of Revenue -Sales and Use Tax Division P.O. Box 64452 - St. Paul, Minnesota 55164 16121296-6181 / CERTFFICATE OF EXEMPT STATUS -EXEMPT ORGANIZATION Under the provisions of Section 297A.25, Subdivision I (o) of the Minnesota Sales and Usc Tax L,aw, the organization listed below is certified to be exempt from sales and use taxes on purchases, rentals'and leases of tangible personal property. The property must be used ezclusivdy in the performance of charitable, religious or educational functions or, in the case of senior citizen groups, in the pleasure, recreation or other nonprofit functions, of the B*~P• , Diocese of Minnesota 430 Oak Grove Street Suite 306 Minneapolis, Minnesota 55403 L This certificate is valid until revolted by the Minnesota Department of Revenue. Certifiate No. 22229 ES tYatctssued October lb, 19b9 Date Reissued: September 5, 1986 Commi loner of Revenue C 13y P.R. BLALSDELL, Acting Manager Sales and Use 7)!z Division The exemvtion does not apply to purchases of meals or IodgMg. Page 1 of 2 3101 .nr..r.wvaa ...o........o......r.,,y LG220 -Application for Exempt Permit Fee - $25 or Board n y Fcep~ Organization Information cr,ea~ ~~ Organzation name Previous lawful gambling exemption number ~ ~~ - c ~~ ~ ~ ~ ~-~l A ,~,, s~ ~ ~ , x ~ m ~, ~ U Street 3~Sp ~.ytv~d ~ 15 City State2ip Code County Name of chief executive officer (CEO) Fir t n a m e Last name Daytime phone number of CEO s nn n ,~ l ~~L/ ~I~/~~ ~S7 1 ~ r /~®_ ~i~~ Name of treasurer Daytime phone number of First name Last name ~lLu~.- 11;t ~- sum treasurer. (o SI - 3! z - ~~-z Type of Nonprofit Organization Check the box that best describes your organ¢ation: ^ Fraternal ^ Religious ^ Veteran ~bther nonprofrt organzation Check the box that indicates the type of proof your organ'lzation attached to this application: ^ IRS letter indicating income tax exempt status ^ Certificate of Good Standing from the Minnesota Secretary of State's Office ^ A charter showing you are an affiliate of a parent nonprofit organization ^ Proof previously submitted and on file with the Gambling Control Board Gamblin Premises Information (nduded (for raffles, I'~st the site where the drawing wil take place) Name of premises where ga tiling activity will be co . Address (do of u PO~b~c) ZZgO C.l i ~ `KVl ity State/Zip ode County ~ '[ `~ ~~ ,f A. o Date(s) of activity (for raffles, indicate the date of the awing) ~,r~-v~. ~ S Z-ao Z Check the box or boxes t at indicate the type of gambling activity your organ¢atan wil be conducting: ^ 'Bingo Raffles (cash pr¢es may not exceed 512,000) ^ 'Paddlewheels ^'Pult-Tabs ^'Tipboards 'Equipment for these adnrities must be obtained from a licensed distnbutor. This form will be made available in akernatrve format (i.e. large print, Braille) upon request. The information requested on this form (and any attachments) wil be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling ad'nrities in Minnesota. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qual'fications and, as a consequence, may refuse to issue you a permit. If you supply the information requested, the Board will be able to process your appl'~cation. Your name and and your organization's name and address wil be public irfonnation when received by the Board. All the other information that you provide wia be private data about you unti the Board issues your permit. When the Board issues your permit, ai of the information that you have provided to the Board in the process of applying foryour pennitwiB become publ'~. ff the Board does not issue you a permR, an the informafan you have provided in the process of applying for a permit remains private, with the exception of your name and your organization's name and address which wil remain public. Private data about you are available onyto the following: Board members, staff of the Board whose work assignment requires that they have access to the rcrformation; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administratan, Finance, and Revenue; the Minnesota Legislative Auditor, national and intemationalgambBng regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorzes a new use or sharing of itfomtatan after this Notice was given; and anyone with your consent. LG220 - Applic tionlI for Exemp{t~P,,,e It Organization Name~>°,"f~0 ~~'1'~f Local Unit of Government Acknowledgment ,~A -{ ,I .,, ,( Page2of2 Ci 1 Y `N ~ tY~'(/ G ~ ~50 U G~Z lM 3/01 If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application. Check the action that the city is taking on this application. ^ The city approves the application with no waiting period. a The city approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class c'ity). The city denies the application. Print name of cAy - ~ ~ ~ 1 1 l ~) Y--- (Sgnature of city personn receniiring applicatan) Title n . ~-l i~-~ Date ~ / ~~ / L `l Chief Executive Officer's Signature The information provided in this application is complete Chief executive officer's Name (pl~se Mail Application and Attachments accurate to the best of my knowledge. At least 45 days prior to your scheduled activity date send: • the completed appl'~cation, • a copy of your proof of nonprofit status, and • a $25 application fee (make check payable to "State of Minnesota"). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 If the gambling premises is located in a township, both the county and township must sign this application. On behalf of the county, I acknowledge this application. Check the action that the county is taking on this application. The county approves the application with no waiting period. The county approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days. The county denies the application. Print name of county (Signature of county personnel receiving application) Title Date / / TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limds. [A township has no statutory authority to approve or deny an appGcatan (Minn. Slat. sec. 349.213, subd. 2).) Print name of township (Sgnature of township official acknowledging appLcafion) Title Date / / L / ~ ff your application has not been acknowledged by the local unit of government or has been denied, do not send the application to the Gambling Control Board. Ss. Martha & Mary Episcopal Church (A Mission of the Diocese of Minnesota) 4180 Lexington Ave. So. Eagan, MN 55123-1534 Phone (651)681-0219 * Fax (651)686-6006 January 7, 2002 Ms. Maria L. Karels City Clerk/Administrative Services Coordinator CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122 Dear Ms. Karels: Accompanying this letter are two documents and requests directed to the City of Eagan made on behalf of our faith community, Saints Martha and Mary Episcopal Church, located at 4180 Lexington Avenue South, Eagan. These documents ark _, • Minnesota Lawful Gambling License -Application for Exempt Permit, and • Application and Permit for a Temporary On-Sale Liquor License. On February 9~' our Christian Social Action Committee will host a charitable event, The Heart of Jazz - a winter party for adults, a benefit for children This year will mark our second annual fundraising event for this cause. Proceeds generated will be donated to Episcopal Community Services (ECS), and The Spare Key Foundation (see enclosed letter of invitation). Both are United Way Agencies. Our applications support two activities we would like to include in this year's event, a rai~le drawing for a basket of fine wine, and the sale of glasses of wine for a nominal donation. We prayerfully and respectfully request your approval and the waiver of fees associated with both applications and the associated waiting periods. Revenue generated from both activities will benefit this event and our donation to both ECS and Spare Key. Sincere] , i ;',~ ~ Tom Garrison'" Sr. War~en Enclosures: Minnesota Lawful Gambling License -Application for Exempt Permit Application and Permit for a Temporary On-Sale Liquor License Event Letter of Invitation oFTHesTq Minnesota Department of Public Safety > ~L,~S OF PU8 ~ ' V•' SUILE DES' J' ~ ~P.:~: ..,'FOB Alcohol and Gambling Enforcement Division ~ ~~ ~ ~ -~'~'4~{`''':~' 444 Cedar St-Suite 133 ti -~ ~.:~_ d~,~,~°~o~~'~ St. Paul, MN 55101-5133 ,~ ~, ~'~+ISJS'~Sy 4~OFMIM~E (651)296-6439 TDD (651)282-6555 APPLICATION AND PERMIT FORA TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DA ORGANIZED TAX EXEMPT NUMBER ~ . STREET ADDRESS CITY STATE ZIP CODE I L ~ uc GAN N NAME OF PERSON AHING APP ICATION BUSINESS PHONE ~ - HOME PHONE G 1 -SR, ~J ,JuD• DAN , ( ) 373-b8.3.3 ( ) -s/9 DATES I UOR WILL BE SOLD TYPE OF ORGANI ATION p ^CLUB ^CHARITABLE ELIGIOUS ^OTHER NONPROFIT ORGA I ATION OFFICER'S NAME ADDRESS ~N ~ PQi est-i ~ ' ~ eX / ~ ~ to ~ A v 2n tt e_ £ A rJ ORGANIZATION OFFICER'S NAME ADDRESS R I SoN - R . WARDEN S ~ na EA ,4~ ORGANIZATION OFFICER'S NAME ADDRESS Ju ~. - So AL ,~ePE~ ~ 97 l3 rH _s kEC-r C u2.~ APP~~' Vc . Location where license will be used. If an outdoor area, describ h ~ h I ~ ~ ~ .G~ ~+u~2C~i0 ~1„sf d e C uQc ug I~ ,NG Sa~nJTS mARrNA n,,.,A mAR~ ~p~SC_of y~go ~ex~n»~a~1 AvE sty EA,AN , mN s~ia3 Will the applicant contract for intoxicating liquor services? If so, give the name and address of the liquor licensee providing the service. ti/~ Will the applicant carry liquor liability ins,uqrance? If so, the carrier's name and amount of coverage. (NOTE: Insurance is not mandatory.) N 0 , APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CITY/COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED Alcohol & Gambling Enforcement Director Note: Do not separate these two parts, send both parts to the address above and the original signed by this division will be returned as the license. Submit to the city or County at least 30 days before the event. PS-09079 (6/98)