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03/19/2002 - City Council Regular AGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING MARCH 19, 2002 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE H. ADOPT AGENDA ID. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA A. APPROVE MINUTES b,/ j B. PERSONNEL ITEMS /'~ ~/ C. RATIFY Check Register for March 7, 2002 and March 14, 2002. p~.yS D. APPROVE Commercial Fertilizer License Renewal. /~~` E. APPROVE 2002 MACTA membership renewal. ~gF. APPROVE grant fund of $4,000 for telecommunications. p, dG. RECEIVE Bids /Award Contract -Contract 02-04 (Citywide Trail Improvements). ~~' ~~ H. RECEIVE Bids /Award Contract -Contract 02-11 (Dodd Road, Cliff Road to Butwin Road - Street and Utility Improvements). p,,~rI. AUTHORIZE Consultant for Design Proposal Solicitation process (Project 868, Coachman Water Treatment Facility -Expansion). j~ ~J. APPROVE No-Parking Resolution for Dodd Road, Projects 850 and 862 (Street and Utility J/" Improvements). Y~6 K. APPROVE No-Parking Resolution for Silver Bell Road, Projects 800R and 801 (Street and Utility Improvements). ~~ L. APPROVE a Traffic Control Signal Agreement with MnDOT and Dakota County for Project 814 (Diffley Road Interconnect -Johnny Cake Ridge Road to I-35E). ~a~M. APPROVE Easement Agreement for Project 7518, Macrae Property (Dodd Road -Street and e Utility Improvements). /~~7 N. APPROVE Metro Greenways Grant Application. Y .3~ O. IMPLEMENT Comprehensive Guide Plan Amendment -Southeast Area. ~3~P. APPROVE MVTA Joint Powers Agreement and By-Laws. ~5 3 Q. AUTHORIZE Application to the Minnesota Safety Council for Pedestrian Crosswalk Safety Grant. ~~R. APPROVE Easement Agreement for Project 751R, Hoppe Property (Dodd Road -Street & Utility Improvements). APPROVE Change Order #9, Contract 00-07 (TH 13Blackhawk Road -Upgrade). ~ ',y T. APPROVE the renewal of a Consumption and Display (Set Up) Permit for Grand India Restaurant located at 1260 Town Centre Drive. V. 6:30 -PUBLIC HEARINGS h~A. 1) VARIANCE -DUKE REALTY. A variance request to allow nine foot wide pazking stalls 1/-J' instead of the required ten feet for the proposed Eagan Preserve Addition, located on the north side of Yankee Doodle Road between Cazbone's and Lockheed Martin in the SW '/, of Section 9. 2) Request for reciprocating parking -Eagan Preserve /Central Pazk. `B. PROJECT 790R Central Parkway (Street and Utility Improvements). VI. OLD BUSINESS 7 ~ A. PATRIOTS PLAZA project elements. Ja B. WESCOTT SQUARE -Consider Wescott Square proposal responses. VII. NEW BUSINESS P ~ ~ ~ A. ORDINANCE AMENDMENT. Consider an ordinance amendment to Chapter 6 entitled "other Business Regulation and Licensing" to clarify administrative fines and penalties for tobacco sale violations. y~ t j ~/ B. COMPREHENSIVE GUIDE PLAN AMENDMENT. A Comprehensive Guide Plan amendment /Vf' to consider guide plan designation on property located at Yankee Doodle Road and Blue Cross Road and to review traffic impacts as requested by the Advisory Planning Commission at their June 26, 2001 meeting. ~~33 C. SITE PLAN REVIEW. Driving range proposal - Parkview Golf Course. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ADMINISTRATIVE AGENDA A. Comments by'City Council, City Administrator, and Department Heads X. ADJOURNMENT XI. VISITORS TO BE HEARD (for those persons not on agenda) 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. * This agenda is subject to change. :' '.. ~ ~ ~ ~~ MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 15, 2002 SUBJECT: AGENDA INFORMATION FOR MARCH 19, 2002 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the March 19, 2002 City Council agenda, the following items are in order for consideration. Agenda Information Memo Mazch 19, 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 March 4, 2002 regular City Council meeting and the March 4, 2002 Listening Session and the February 12, 2002 special City Council workshop as presented or modified. ATTACHMENTS: • Minutes of the Mazch 4, 2002 regulaz City Council meeting aze enclosed on pages .3 through • Minutes of the Mazch 4, 2002 Listening Session aze enclosed on pages 7 . • utes of the February 12, 2002 special City Council workshop are enclosed on pages through ~. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 4, 2002 A regulaz meeting of the Eagan City Council was held on Tuesday, March 4, 2002 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Carlson, Fields and Tilley. Also present were City Administrator Tom Hedg~c;.Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Ad.strative Secretary/Deputy Clerk Mira McGarvey. 1:: ~: City Administrator Hedges asked that a~g~ti~;E:.a,~;~.~0~4;??t for the Eagan Hockey Association be added as Consent Agenda item Y. ""' • • • • • • • •'~''~'•'' .;t. t .:~ Councilmember Tilley moved, Councmber Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 CONSENT AGENDA A. Minutes. It was recommended to approve;minutestipf the February 19, 2002 regular City Council meeting. B. Personnel Items. ''~ ~ ~~'~°' ~::~. :•:~ •{ 1. It was recommended to approve the hi~i~ of Kirk ~pitello and Paul Wegner as Utility 7vlaintenance Workers. • • : s ';;;: 2. It was recommended to approve the },~,~~p•c~~~ri6~.!'~rens4:$~enna Beers, Megan Bergen, Kelsey Biagi, hl.; ~ } .. ~ .•.• . Jennifer Bolint, Lisa Bordsen, Brian B~a;:Jce Brumbaugh, Kelsey Campion, Nikke Christie, Kelsey Crunstedt, Asheley Crunste~t; Alez7~~iiplifti'1'2riiYen Deman, Shannon Dunleavy, Nathan Dunn, Shannon Einhorn, Jenny Geiser, Matt Gilbert, Paige Gilgan, Chazlie Honigsfeld, Sarah Jacobson, Bryce Johnson, Kerry Johnson, Nick Johnson, Jeni Ki1by,.MegariKissel, Angela Knoll, Meridyth Lewis, Megan Lostetter, Elizabeth Luke, Ali Lund, Tammu Macht, Kari Maland, Julie Mattson, Ann McGrath Kelly McGrath, Grant Mestnik, Kristi Millmann, Jessica Ofstedahl, Ryan Palacio, Jackie Peters, Mindy Picka, Keri Ragsdale, Thom Rehwaldt, Angie Rodgers, Brad Roe, La}uet~chazd, Marni Rutman, Eric Sidler, Matt Spurr, Allison Tierney, Molly Towle, Sara Tow1e:.Gh~c1S;~Sf$ggermann and Jenny Woelfel as part-time seasonal lifeguards for Cascade Bay. .:.~::•:~:~~::~•~•:~:~ ~'•~~ 3. It was recommended to approve the hrg~lCali Baver, Abby Broderdorf, Nicole Cantin, Kelly Colbert, Ben Huonder, Neal Johnson, Jessica LevKj},•• , • • .Osbortld~:Nate Starkson and Megan Sutliff as part-time `~} ••:•. seasonal pool attendants for Cascade Bay:'' •'• ~ • ~ ~ ~'~ ~ ~'• 4. It was recommended to approve the hiring of Brancloik:~ijc~;~; .~chel Carlin, Candice Courtright, Meghan Eilers, Metra Farrari, Matt Howard, Mike Kantor, Joe Kir'sC~$, Amanda Kuntz, Steve Lay, Cassy Lenz, Jamie Lewis, Jennifer Lopac, Breanna Mason, Michael Mason, Brent Reykdal, Elisa Swenson, Erinn Swinton, Lindsey Taylor and Tom Wollan as part-time seasonal guest relations workers for Cascade Bay. 5. It was recommended to approve the hiring of Luke Duenow, John Lostetter, Ryan Sisson and Landon Weninger as part-time seasonal maintenance workers for Cascade Bay. C. Ratify Check Re isg~ tern. It was recomme3;f~ti~t~~ tl~~;~gisters dated February 19-22, 2002 and February 25 - Mazch 1, 2002. tir::::: ~:.•°. ; ; f ~ .....,::•::::::=•: D. Lawfifl Gambling Exempt Permit. It w~:fskommero•approve a lawful Gambling Exempt Permit for East Metro Chapter, Tum in Poachers, Inc. fq~ 8xaffle to b,,~~eld December 12, 2002 at 2995 Highway 13. E. Premise Permit Renewal Application. )~:;di~ts reco S • • • ed to approve a Premise Permit renewal for Eagan Lions Club for pulltab operation locatet~~y,LS;~•G~"~e::~8&~. eau D'Rue Drive. F. Ordinance Amendment. It was recomrri~iii'fi~d'fd•i~;i~Attorney's office to prepare an ordinance amendment to Chapter 6 entitled "Other Business Regulation and Licensing" to clarify administrative fines and penalties for tobacco sales violations. G. Ordinance Amendment. It was recommended to authorize the City Attorney's Office to prepare an ordinance amendment to Chapter 3 entitled "Beer, Wine anc~~l~juor Licensing and Regulation" to clarify the hearing process and to change civil penalties for viol~oitfi:tbC:•8~•~•e,.Qf alcoholic beverages. H. Final Subdivision. It was recommended~ri;iiro4e a'1~`~a~#;ivision to create two (2) lots for single family . dwellings and one (1) outlot (Bergin A~t+n) on a five (5)'~grp~?arcel located on Deerwood Drive in the SW '/, of Sec. 22. ''~'~~ I. Contract 01-02. It was recommended t~eive the bids for Coi#~t 02-02 (Cedar Cliff/Mari Acres /River Hills 9`~ /Post /Rustic Hills / Oster Additiotl$;:a;$ti~, tjiU}~iQYRt¢~s:0'ward the contract to Ace Blacktop, Inc. for the Eagan City Council Meeting Minutes March 4, 2002 Page 2 base bid in the amount of $440,391.25 and the alternate bid amount of $12,350.00, and authorize the Mayor and City Clerk to execute all related documents. J. Contract 02-03. It was recommended to receive the bids for Contract 02-03 (Ches Mar / Ches Mar East / Parkcliff/ Woodgate Additions -Street Overlay), award the contract to McNamara Contracting, Inc., for the base bid in the amount of $409,788.50, and authd~~.the Mayor and City Clerk to execute all related documents. K. Project 800R. It was recommended to recede revised draft feasibility report for Project 800R (Cedar Grove Access Reconfiguration -Street Intersection~econfguration) and schedule a public hearing to be held on April 2, 2002. ?:. : +;..• ~ ~ s kff L. Contract 02-10. It was recommended to a ~~'~'••~ ~~~~' .•• . • ~..• .. • .. •• . ~' tions for Contract 02-10 Dodd Road, Pik' •I~e~fftoa ( Diffley Road to Wescott Road -Street and ty Improvements) and authorize the advertisement for a bid opening to be held at 10:00 a.m. on April 1 ~;;~02. M. Project 862. It was recommended to revise t~i2 Pending Assessment Roll for Project 862 (Dodd Road - Camberwell to Wescott Road street upgrade) for 3790 and 3800 Dodd Road. N. Project 751R. It was recommended to approve an Easement Agreement for Project 751R (Dodd Road, Cliff Road to Butwin Road -Street, Utility and Trail Improvements) with the owners of Parcel 10--03600-040-27 (4732 Dodd Road) and authorize the Mayo~;,~pd City Clerk to execute all related documents. O. Oakbrooke 5`" Addition. It was recommer to rece~;q.~he petition to vacate public drainage and utility easements and schedule a public hearing tcj; held oni12, 2002. P. Project 736. It was recommended to cance~'T~fe pendiri~;ttsessments for Project 736 (Grand Oak Business Park - AUAR Study). •... ::::~: ' Q. Contract -Doris Dahline. It was recommoYlfdrgy~,;~;~;i~kt #~irst Refusal and Option Agreement with Doris Dahline, 3830 Alder Lane. ... , R. Cedar Grove TIF Findings and Certification.••It•was•recommended'to•approve a Resolution verifying the findings for Tax Increment Financing District No. 1, within the Ceda: Grove Redevelopment Area. S. Project 838. It was recommended to receive bids for Project 838 (Storm Mitigation - fungal remediation), award the contract to EnviroBate Metro in the amount of $12,940 and authorize the Mayor and City Clerk to execute all related documents; and to receive bids for Project 838 (Storm Mipgation -retrofit construction), award the contract to Conway. Construction in the amount of $66,381 .a~~UC~irize the Mayor and City Clerk to execute all related documents. T. Change Orders. It was recommended to gF.i~tX~;i,~i~'s$~'df received for the Municipal Building Community Room renovation. :~j=•'••' ':~;; U. Ad for Bids. It was recommended to authori7~ejtjsemeriif for bids to supply mobile and portable radios for the city-wide radio project. V. Tree Contractor License Renewal. It was recommended~t~i; "•'•'~b~Q.g Tree Contractor License renewal for '•.: ~ ; Outdoor Specialties. , W. Duke Weeks - Agreement. It was recommended to approve a cost•participation agreement for trunk storm sewer over-sizing on Lot 2, Block 1 Ecolab Addition and approve payment of $20,944.25 to Duke Realty, LLP. X. Beau D'Rue Drive - No Parkin. It was recommended to approve a resolution to prohibit parking on Beau D'Rue Drive between Nicols Road and Silver Bell Road and authorize the Mayor and City Clerk to execute all related documents. ••• Y. Parade Pemut. It was recommended to •'~ •~ •• • a ' ~ '• • ~ ~~lt;4~:ft~ti' d4~T;~B:~agan Hockey Association, waiving fees, and to assume any additional overtime and o~sdf~ity eit~}~a§~o~~~Yed with a cermemony at the Civic Arena to :•::: recognize Natalie Darwitz and Jenny PotiEoi Councihnember Bakken moved, Coun ,,:'~mbe; T>e~seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 i:~ :~ ::~:=~ ' ' ~''~'~~:~:~ ..... •.•:•:~ti:. PUBLIC HEARINGS PROJECT 858, SIBLEY TERMINAL INDUSTRIAL PARK STORM SEWER IlVIPROVEMENTS City Administrator Hedges introducg~;SSa~#?•'•''~,ej;,~3p~ storm sewer improvements for Sibley Terminal Industrial Park. Dave Hutton, WSB, gave a~teport: • Mayor Awada opened the public~~~ring. '''~ ' r {: ~ ~ :... .........:::~:. ~:%rr: Eagan City Council Meeting Minutes March 4, 2002 Page 3 Todd Johnson, President, Global Specialty Contractors, expressed his opposition to the entire assessment being Global Specialty's responsibility. He discussed the future development of his property and expansion of his business. Mayor Awada, Councilmembers and s'~liscussed the potential cost participation from MnDOT for their portion of the drainage area tributary. Public v~o~ Dtrector Colbert suggested the issue be continued to the April J.:••• 16, 2002 Council meeting to allow further evaluation and contact with MNDOT. Councilmember Carlson moved, Cot~ttosl#~ti;~;~gcoi a motion to continue consideration of Project 858 (Sibley Terminal Industrial Park -.f tpfm Sewer Improvements) until April 16, 2002. Aye: 5 Nay: 0 :} CONDITIONAL f7',3~ PERMIT AND MOVING PERMIT STUART WEIERKE City Administrator Hedges introduced this item regarding the request for a Conditional Use Permit and Moving Permit to relocate an 864 square foot,~c~ssory structure from 4665 Dodd Road to 4675 Dodd Road. Senior Planner Ridley gave a staff report, stat;:(he Adviyc~ Planning Commission held a public hearing and recommended denial by a vote of 3-2. ;; f :;.::; • Mayor Awada opened the public hea~ig. { ::c Stuart Weierke, applicant, discussed~~:sd~~sproposing to move onto his property. ... ........:r Mayor Awada and Councihnembers agreed the additional square footage above what is allowed per the City Code was not justifiable, and further, that the proposed total accessory space of over 4,000 square feet is as excessive. Mayor Awada moved, Councihnember Fields seconde,,~.,ap~,sj~{on to deny a Conditional Use Pemut to allow the floor area of all accessory structures to exce~c~.~s}~3'~t::feet and to allow more than two detached accessory structures on an unplatted parcel 1q:eL}~~~~otl$;~oad in the NW '/, of Section 36. Ayes: 5 Nay: 0 ~ ':; ... ~ •:•.:. ~ y: Mayor Awada moved, Councilmember 4''ie#f8secoi~la motion to deny a Moving Pernut to relocate a 24 foot by 36 foot detached accessory structure from 4655 15otlt#~1i~fiQ~b75 Dodd Road located in the NW '/. of Section . Aye: 5 Nay: 0 ,,, OLD BUSINESS PROJECT 847, FAIRWAY HII.LS -STORM MITIGATION IIVIPROVEMENTS City Administrator Hedges introdu~~q~p reg~,$gm mitigation improvements for the Fairway Hills/Parkview Golf Course. Public Works~~c'tot te~i3}'aff report, discussing the background of the :~ '~•' project. ti~:~:~:~~ tk;;~ fi'~::: at•:r? Robert Zachein, Parkview Golf A~~iates, used their support for modified Option D as revised and presented by Mr. Colbert. {;:::: =': ;:; ~ f ~;!:;s~ Several residents of the area were present and indicated they were also in support of modified Option D as presented or its proposed revision to move the storm sewer closer to their property line. The overall flooding problem in the area the topography of the area, an overland drain;i backyards and within the golf course to relpe~ Colbert explained that the scope of excava~+vc easement. ,Mayor Awada noted that Parkview G~ compensation for these improvements to ~r. by Council and staff. It was agreed that because of work unless substantial grading was done in the ;;easement along the rear property line. Director . ;~¢~ove drainage to where there is an existing vf~~up a portion of their property without Eagan City Council Meeting Minutes March 4, 2002 Page 4 Councihnember Carlson moved, Councilmember Fields seconded a motion to approve the proposed storm mitigation improvements (modified Option D -revised) for Project 847, Fairway Hills/Parkview Golf Course and authorize the preparation of detailed plans and specifications for bid solicitation. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL U:~RNIIT -LESLIE J. RACINE JR. City Administrator Hedges introduced ~~tsi,~+~~a:.d5t for accessory building space in excess of 1100 square feet to be located at 3038 Cheirpiit%eilid~fioiii~ ~p~i~r Ridley gave a staff report. ,,.,. i:;t Leslie Racine stated he had met with a~,',~ent property owners regarding their concern over the height of his proposed accessory building. He discuss~d'i~iodifications made to his plans since review by the Advisory Planning Commission. Three neighboring property owners expressed their concenn over the amount of outdoor storage on the property; the concrete slab that is already insta~lec~; the incompatibility of the proposed structure in relation to the neighborhood. f:; ~:+ s .; ,. :;. ~ • . ;:;:;: Councihnembers discussed the magn2,tl3t~e of the dosed structure and that the size was not compatible with surrounding properties in the neighborhotii}~' ~ tifti Councihnember Carlson moved, Coti~ ~,py';•l~ip~ed a motion to deny a Conditional Use Permit to allow the floor area of all accessory structures to exceed ~,fOU•s'quare feet located at 3830 Cherrywood Court (Lot 32, Block 4, Oslund Timberline Addition) in the NE'/, of Section 9. Aye: 5 Nay: 0 ADMIIVISTRATIVE AGENDA .,{.: - Police Chief Therkelsen discussed an upconyp$q~i#~}~ad2f'i'neeting regarding Level III sex offenders moving into the Budget Host Hotel in Eagan,.; '{ ' ; Councihnember Carlson stated she felt:..tty~.~ssue o3`iftcessory structures needs to be reviewed. Council directed the issue be discussed at a future 'viwbi ADJOURNMENT~~ ... The meeting adjourned at 8:50 p.m. into a meeting of the Economic Development Authority and then into an Executive Session to consider a counter proposal from the Police Officers Union. Date $;' ~ ~':~;•:;:~;;:~ •~' ''` Deputy City Clerk If you need these minutes in an alternative such as , , e print, Braille, audio tape, etc., please contact the.City Hof Eagan, 3830 Pilot Knob Road, Eagan, iv~5l~~,.(t~681-4600, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy fiat a~I+~i~~~e~s'Iia~f:~gilal 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. ..... ti:~ :;r v::;. MINUTES OF A LISTENING SESSION OF THE EAGAN CITY COUNCIL MARCH 4, 2002 6:00 P.M. DRgFt The Eagan City Council held a Listening Session on March 4, 2002 at 6:00 p.m. Raleigh Seelig, representing the 4th of July Committee was present to discuss the plans for the upcoming celebration in conjunction with construction on the Central Park site. The meeting adjourned at 6:30. Respectfully submitted, Mira McGarvey Administrative Secretary /Deputy City Clerk BRA F T MINUTES OF A SPECIAL CITY COUNCIL WORKSHOP OF THE EAGAN CITY COUNCIL TUESDAY FEBRUARY 12, 2002 MUNICPAL CENTER LUNCHROOM 5:00 P.M. Present: Mayor Awada, Councilmembers Bakken, Carlson, Fields and Tilley, City Administrator Hedges, Director of Administrative Services VanOverbeke, Parks and Recreation Director Vraa, Superintendent of Recreation Asfahl, Superintendent of Parks Olson, Public Works Director Colbert, City Engineer Matthys, Assistant City Administrator Verbrugge, Senior Planner Ridley, and Intern to the City Administrator Lord. I. ROLL CALL AND AGENDA ADOPTION Councihnember Fields moved, Councilmember Bakken seconded a motion to approve the agenda as amended to include an item in regard to the celebration of Natalie Darwitz and Jenny Potter. Aye: 3 Nay 0 (Councilmembers Bakken and Tilley were not yet present) II. DARWITZ/POTTER DAY Councilmember Carlson announced that a celebration will be taking place Saturday, March 16, to honor Eagan Olympians Natalie Darwitz and Jenny Potter. A parade will take place at 1 PM, followed by a recognition ceremony at 2PM and an opportunity to skate with the Olympians at 2:30PM. The event is free to the public. Mayor Awada moved, Councilmember Fields seconded a motion to approve a proclamation to proclaim Saturday, March 16, 2002 as Natalie Darwitz and Jenny Potter Day in the City of Eagan, and to approve the costs of the gifts to be presented to the Olympians, including a plaque and a City water bottle. Aye: 3 Nay: 0 III. POST OFFICE Due to the many citizens that have voiced their concerns, the Council directed staff to send a letter to the Eagan Post Office, on behalf of the Council, asking that the Post Office consider extending their hours in order to meet the high demand. IV. COMPREHENSIVE GUIDE PLAN AMENDMENT PROCEDURES The City Council discussed their policy that was created in the mid-1990's, whereby any Guide Plan Amendment request that would change the property from commercial to residential, or vice-versa, had to proceed as a stand-alone application. Senior Planner Ridley discussed with the Council the level of detail needed from potential developers when they are considered for a comprehensive guide amendment or rezoning request. DRgFi 3/12/02 Special Council Minutes Page 2 It was the consensus of the Council to provide both developers and staff with clear direction as to their opinion of a given proposal, and the expectations the Council has for a developer before approving either comprehensive guide amendments or rezoning requests, in order that the developer does not have unnecessary expenses on a proposal that may not be approved. V. DISCUSS LANGUAGE FOR ACCESSORY BUILDINGS IN RESIDENTIAL ZONING DISTRICTS Following a deliberation on Conditional Use Permit applications at the Mazch 4, 2002 City Council meeting, there was direction by the Council to discuss the process and dimensional standards for accessory buildings in residential zoning districts at the March . 12 Council workshop. The Council discussed the current accessory standazds, which allow for two accessories not exceeding 1,100 square feet. Per the direction of the Council, Senior Planner Ridley will prepare specific measurements requirement suggestions for the Council's review, including: 1) 500 square feet per house accessory limit; 2) specified maximum wall heights; and 3) specified roof pitch requirements. VI. DISCUSS STORM MITIGATION OPTIONS The Council discussed the storm mitigation contracts awarded to date, the costs incurred for home acquisitions and modifications, and the appropriate funding sources for these improvements. Public Works Director Colbert stated that $3.5 million in storm mitigation costs will need a funding source. The Mayor noted that additional State funding is unlikely this year due to budget shortfalls. The Council directed Public Works Director Colbert to prepare the final contract bills for Project 844 (Gibraltar Trail), Project 843 (Beecher Drive), Project 844 (Forssa Way), and Project 842 (Beacon Hill Road). Once the final contract bills have been prepared, the Council's Finance subcommittee will consider the costs and explore funding options. Once the subcommittee has reviewed the bills, the four projects will be brought back to the Council this June for Council consideration. VII. REVIEW CIP FOR 2002 STREET CONSTRUCTION The Council discussed the street projects that aze scheduled under the current CIP for construction in 2002 and discussed the feasibility of adding any additional street projects for consideration. 9 DRAFT 3/12/02 Special Council Minutes Page 3 The Council directed that a survey be sent to property owners in the Cherrywood Knoll neighborhood to gauge whether residents would be in favor of pushing construction ahead to 2002, rather than waiting to 2003. It was the consensus of the Council that the surveys must demonstrate that 60% of the property owners aze in favor of 2002 construction before the Council will approve 2002 construction. The Council discussed the Northwood Drive Overpass and determined that since the Council will review the C.I.P. in May, they will make a determination at that time as to when they want to proceed ahead on the project. The Council discussed plans for extending Lone Oak Road into Inver Grove Heights. Inver Grove Heights has the extension programmed in their 2005 C.I.P. and the County has the project programmed in 2006. Due to the involvement of Inver Grove Heights and Dakota County, and recognizing their plans for the extension, the Council directed staff to extend utilities on Lone Oak Road prior to extending the roadway. VIII. DISCUSS MINNEOSTA VALLEY TRANSIT AUTHORITY- APPOINTMENT OF AN AT-LARGE COMMISSIONER AND ALTERNATE, AND UPDATE ON PROPOSED LEGISLATION The Council, at the request of Councihnember Tilley, discussed whether the at-lazge MVTA commissioner should be appointed by all five commissioners representing cities that are members of the MVTA, or whether the at-large commissioner should be appointed by the commissioners from Burnsville, Eagan, and Apple Valley, which is the current provision in the Joint powers Agreement. It was the consensus of the Council to have the at-lazge commissioner be appointed by all five commissioners representing cities that aze members of the MVTA. Councilmember Tilley provided an update to the Council on the State lobbying efforts currently underway by MVTA. The Council encouraged Councihnember Tilley to speak of the City's support of the MVTA lobbying for new buses rather than refurbishing 12- year old buses. IX. PRESENTATION OF 2002-2007 PARKS C.I.P. BY APrC The Advisory Parks and Recreation Commission (APrC) was present to discuss the 2002- 2007 proposed Parks C.I.P. Parks and Recreation Director Vraa and Superintendent of Pazks Olson presented the C.I.P. document and were available for any questions of the Council. Following the discussion of the C.I.P. that was presented, Mayor Awada asked that the APrC look at the revenues that will be coming in 2002 from park dedication fees. ~~ DRAFT 3/12/02 Special Council Minutes Page 4 Awada also challenged the APrC to give serious thought to the future, when parks dedication revenue ceases, taking into consideration the need for renewal and replacement. APrC member Margo Danner, asked the Council to involve the senior citizen community in the decision-making regarding programming, components, and layout of the future senior center at the Community Center. The Council directed that the seniors meet with the Council's Community Center operations subcommittee and appropriate City staff to discuss the uses for the Senior Center. On behalf of the seniors that attend the City's weekly senior gatherings, she thanked City staff for taking the time to attend the senior meetings in order to explain the workings of each of the City departments. X. DISCUSS SCOPE OF SERVICES FOR STREET SCAPING/ENTRANCE MONUMENTS The Council discussed the Scope of Services prepared by the consulting firm of SRF. It was the consensus of the Council that the costs for the entrance monuments were too high. It was the direction of the Council for staff to contact cities that have entrance monuments in order to determine a more appropriate cost. Once staff has a better idea of an appropriate cost, staff can work with SRF to appropriately scale back costs of the entrance monuments should they find that the proposed entrance monuments are not in line with other cities' spending. The Council discussed the street scaping proposals put forth by SRF and asked Public Works Director Colbert to contact other contractors in order to gauge whether the costs are accurate. If staff finds that the costs are accurate, the Council directed staff to proceed ahead with the RFP process for street scaping. XI. REVIEW FINANCING OPTIONS FOR CEDAR GROVE REDEVELOPMENT The City Council, staff, and Jim Prosser, of Ehler's and Associates, discussed land use options within Cedar Grove, anticipated TIF revenues, and options for the financing of the redevelopment, including the possible use of improvement bonds. Prosser presented maximum versus reduced development scenarios based on reduced traffic generation requirements. The Council directed that market-rate senior housing be considered for Sub-Area 3B. The Council also directed staff to move expeditiously with the Delta proposal. Lastly, the Council directed that the Council Cedar Grove design subcommittee meet to look at design standards for the Cedar Grove area. // DRAFT 3/12/02 Special Council Minutes Page 5 XII. ADJOURNMENT The meeting adjourned at 10:30 PM. Date City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tapes, 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. is Agenda Information Memo March 19, 2002 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Resignation/Police Officer-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Police Officer Timothy McCarthy. Item 2. Part-time Seasonal Preschool Program Assistant-- ACTION TO BE CONSIDERED: To approve the hiring of Kathy Anderson as a part-time seasonal preschool program assistant. Item 2. Part-time Seasonal Program Assistant/Concessions-- ACTION TO BE CONSIDERED: To approve the hiring of Deb Buntjer as a part-time seasonal program assistant/concessions. /3 Agenda Information Memo March 19, 2002 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated March 7, 2002 and March 14, 2002 as presented. ATTACHMENTS: Check registers dated March 7, 2002 and March 14, 2002 are enclosed without page number. /~ Agenda Memo Mazch 19, 2002 CONSENT AGENDA D. COMMERCIAL FERTILIZER LICENSE RENEWAL ACTION TO BE CONSIDERED: To approve a Commercial Fertilizer License renewal for Fertilawn, 9315 Harriet Avenue South, Bloomington, MN. FACTS: • The application for renewal has been reviewed by staff and deemed in order. / v Agenda Information Memo March 19, 2002 Eagan City Council Meeting E. APPROVE 2002 MACTA MEMBERSHIP RENEWAL ACTION TO BE CONSIDERED: To approve a budgetary adjustment in the amount of $1,500 for membership in MACTA for BETC. FACTS: • The tota12002 BETC membership dues is $3,000. This equates to a $1,500 per city franchise fee contribution. • During the fall of 2001, it was the recommendation of the City Council to not fund the MACTA membership for 2002. • After readdressing the benefit of belonging to MACTA during a discussion with BETC members during the Commission interviews in January, it was determined that membership should be reconsidered. • As a part of the February 15 Informative Memo, information was provided to the City Council regarding MACTA membership, stating that the item would be formally included as a future Consent item to clarify the 2002 budget adjustment. ATTACHMENTS: • A memo regarding MACTA membership enclosed on page ~. /6 MEMORANDUM TO: TOM HEDGES; TOM HANSEN; HOLL Y DUFFY FROM.• M/KE REARDON DATE: FEBRUARY 7, 2002 SUBJECT.• MACTA MEMBERSH/P I understand that during the recent Eagan City Council interviews of commission applicants, a concern was raised by a Telecom Commissioner that funding was not included in the Cities' budgets for 2002 MACTA membership. As a result, the Eagan Council has asked that this issue be "researched and brought back to them." This is not the first time this issue has been raised by the Commission. It was initially raised last November, and I talked with both Mr. Hansen and Ms. Duffy at that time. They both agreed that the Cities should continue their MACTA membership, but that it was probably too late to include in the budget process and would be handled separately. I informed the Commission of this in December. As I have received the 2002 MACTA membership renewal, I assume it is time to renew. Especially considering that Commissioner Alan Miller, and now the chair of the Commission, was elected to the MACTA Boazd last fall and is concerned about how long he will be allowed to continue to serve on the Boazd. (I have assured him that he will receive a sufficient amount of latitude, but he is still concerned.) For the past several years, in addition to MACTA's annual membership fee, it has also asked for a legislative support contribution due to the State's threat of telecom reform. The 2001 membership fee was $775 and the legislative support contribution was $15,000. The legislative contribution was based on the Commission's/Cities' subscriber count. This yeaz, MACTA has combined the membership dues and legislative support and has spread it more equitably across the membership. The total 2002 BETC membership dues is $3,000. This equates to a $1,500 per city franchise fee contribution. As both Mr. Hansen and Ms. Duffy agreed that it made sense to continue the Commission's MACTA membership, I assume this can be simply addressed as a consent agenda item for both Cities, or whatever process each city determines. Hopefully, this addresses the Eagan City Council's concerns. Should you require further background or assistance, please let me know. /7 Agenda Information Memo March 19, 2002 Eagan City Council Meeting F. APPROVE GRANT FUND OF $4,000 FOR TELECOMMUNICATIONS ACTION TO BE CONSIDERED: To approve a local programming grant in the amount of $4,000 which effectively amends the 2002 Joint BETC budget for 2002. FACTS: • For at least the last 15 years, the Telecom Commission has provided funding to volunteers to assist them with public access productions. • Over this period of time, the Commission has awarded over $44,000 in grant funds, with all of the money coming from the Commission's franchise fees funded budget. • Again, the issue was raised during the Advisory Commission interviews from Bob Cooper, stating that adoption of the 2002 budget for BETC would cause volunteers to either work without props or pay for props out of their own personal finances. • It was determined by the City Council that this matter should be further researched and considered as a budget adjustment for 2002. • A memo and information was provided as part of an Informative packet on February 15, stating that if the City Council was in agreement to the information provided, this item would be placed as a Consent for a future City Council meeting. ATTACHMENTS: • Local programming grant memo enclosed on page ~. /8 MEMORANDUM TO: C/TY ADM/N/STRA TORS HEDGES FROM: COMMON/CAT/ONS SPEC/AL/ST REARDON DATE: FEBRUARY 6, 2002 SUBJECT.• LOCAL PROGRAMM/NG GRANTS This is in response to your January 16 memo re: Council Direction at January 15 Advisory Commission Interviews, specifically the question raised by Bob Cooper concerning the "loss of grant money that can be used for volunteer production." For at least the last 15 years, the Telecom Commission has provided funding to volunteers to assist them with public access productions. It is only used to cover expenses out of pocket. Over this period of time, the Commission has awazded over $44,000 in grant funds, with all of the money coming from the Commission's franchise fees funded budget. In both 2000 and 2001, the Commission's grant fund was $4,000 per yeaz. In 2000, approximately $3,100 was used to fund programming, and in 2001 the amount was $2,700. As you can see, we aze not talking about a huge sum of money. In fact, many of the grants average $500 or less. For example, I received a phone call today from an Eagan volunteer who wants to cover a girls hockey play-off game this Friday, but the van is already booked out. So, he is renting a couple of TV monitors to assist and compliment B/E Community TV's portable production system. This expense is out of his own pocket. In past years he would have received grant funding. Unfortunately, I had to explain that the grant funds had been cut from this yeaz's budget. Needless to say, he was not pleased. Over the yeazs, not only have the grant funds assisted volunteers with their own production expense, it has also helped create worthwhile and awazd winning programs for the Burnsville/Eagan cable TV subscribers. Please let me know if you need further information, or assistance, in this matter. .,, /9 Agenda Information Memo March 19, 2002 Eagan City Council Meeting G. CONTRACT 02-04. CITYWIDE TRAIL IMPROVEMENTS/ SKYLINE ROAD TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: To receive the bids for Contract 02-04 (Citywide Trail Improvements/Skyline Road Trail Improvements), awazd the contract to Bituminous Roadways, Inc., for the base bid in the amount of $70,451.00 (excludes Project No. 857), and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The bituminous overlay of existing trails along various collector and arterial roadways throughout the City is programmed for 2002 in the City's 5-Yeaz Capital Improvement Program (2002 - 2006). • On October 2, 2001, the City Council authorized the Citywide Trail Improvements (City Project No. 861). • On February 5, 2002, the City Council authorized the plans, specifications and bid solicitation for this bituminous trail improvement adjacent to the north side of Skyline Road from Highridge Terrace into the Highview Park (Project No. 857). However, they delayed approving the project until all interested residents had collected the funds necessary to cover the cost of the improvements. At that time, the Council would then approve the project and award the contract. The specifications allow the City to add this project through a change order during the course of the construction schedule once this funding has been collected. The Advisory Parks & Recreation Commission has allocated the necessary funds for the related costs within the Highview Pazk. • These projects have been combined under one contract (Contract 02-04), to increase economies of scale. • On February 19, 2002, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 02-04. • At 10:30 a.m. on Mazch 14, formal bids were received for this project. A copy of the bid sununazy is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low base bid from Bituminous Roadways, Inc., has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid Summary, pages? ~D BID SUMMARY Citywide Trail Improvements -City Project No. 861 Skyline Road Trail Improvements -City Project No. 857 City Contract No. 02-04 Bid Date: Thursday, March 14, 2002 Bid Time: 10:30 a.m. Contractors Total Base Bid 1) Bituminous Roadways, Inc. $ 79,864.75 2) McNamara Contracting $ 97,143.00 3) Hardrives, Inc. $ 97,418.00 4) Valley Paving, Inc $ 108,986.34 Low Bid Feasibility Re ort Est. % Over/ Under Engineers Estimate % Over/ Under 861 Ci ide Trails $70,461 $ 88,400 -20.3% $ 67,600 +4.2% 857 Sk line Road Trail* $9,413 $9,350 +0.7% $ 8,100 +16.2% * Not included in original Council award 3/19/02 G:/JG/MISC/02/02-04 Bid Rec 3-19-02 Agenda ~/ Agenda Information Memo Mazch 19, 2002 Eagan City Council Meeting H. CONTRACT 02-11. DODD ROAD -CLIFF ROAD TO BUTWIN ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: To receive the bids for Contract 02-11 (Dodd Road - Cliff Road to Butwin Road Street & Utility Improvements), awazd the contract to Northdale Construction Co., Inc., for the base bid only in the amount of $1,474,325.30 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On February S, 2002, the City Council authorized the urban upgrade of Dodd Road, from Cliff Road to Butwin Road, including sanitary sewer, water main, storm sewer and off-street bituminous trails, as outlined and discussed in the amended feasibility report for Project 751 R. • On February 19, 2002, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 02-11. • At 10:30 a.m on March 14, formal bids were received for this project. A copy of the bid summary is enclosed. • The alternate bid (Alternate Bid # 1) provides for the construction of storm water sediment basin and channel improvements within Lebanon Hills Regional Pazk neaz Farm Road. City staff has had numerous discussions with the Dakota County Parks Department regazding these improvements, but to date has not received their formal approval. City staff anticipates approval in the near future, at which time the contract specifications allow the alternate bid improvements to be added to the contract via change order or contract amendment. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid from Northdale Construction Co., Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid Summary, page a~ .n~~. i~j city of enc~an DODD ROAD (Cliff Road/CSAH 32 to Cul-de-Sac) PROJECT N0.751R EAGAN, MINNESOTA City Contract No. 02-11 Bonestroo File No. 49-98-806 Bid Date: Thursday, March 14, 2002 Bid Time: 10:30 a.m. Contractor 1) Northdale Construction Co. 2) S.M. Hentges & Sons, Inc.. 3) Frontier Construction Co., Inc.. 4) Barbarossa & Sons, Inc. Low Base Bid Dodd Road -Project 751R $1,474,325.30 Base Bid $1,474,325.30 $1,612,043.50 $1,620,107.18 $1,628,763.50 Preliminary % Engineer's Report Deviation Estimate Deviation $2,061,570 -28.5% $2,000,000 -26.3%% Alternate #1 $68,128.05 N/A N/A $86,325 -21.1% Early advertising for bids on Contract 02-11 during a depressed economy, in combination with a late fall in 2001 which allowed contractors to complete much of their previously contracted work, has produced very desirable bids for Project 751R. ~3 Agenda Information Memo March 19, 2002 Eagan City Council Meeting I. PROJECT 868, COACHMAN WATER TREATMENT FACILITY ACTION TO BE CONSIDERED: Approve the Scope of Services and authorize the Howard R. Green Company to provide professional services for the procurement of a Design Consultant for Project 868, Coachman Water Treatment Facility (Expansion) and authorize the Mayor and Clerk to execute all related documents. FACTS: • The North Water Treatment Plant (WTP) is located on Coachman Rd near Yankee Doodle Rd. and serves the City's north well field. It was the City's first WTP built in 1984 and was designed to treat 10 million gallons of drinking water per day. The north well field cannot be further developed providing additional water supply required by the City's continued growth demands until the WTP is expanded to handle the additional capacity. The control technology is also outdated and this facility does not meet current design standards required by the Department of Health for chlorine storage. • The planned expansion (doubled capacity) and updating of the north WTP has been programmed in the City's CIP for 2004 at an estimated cost of approx. $7 million. In order to have the new facility operationally on-line before the peak summer demand of `04, it is appropriate to begin the detailed design process now to allow the bids to be solicited this fall for a late winter/early spring '03 construction start. It is anticipated that construction will take approximately 15 months. • Due to the complexity of expanding an existing facility along with the required retrofitting and updating, it is important to have the most knowledgeable design consultant to ensure a cost effective construction contract and operationally efficient treatment facility. • The Staff is recommending that the Howard R. Green Company (HRG) be retained at an approximate cost of $23,000 to assist staff with 1) preparing the Request For Proposal (RFP), 2) soliciting qualified design firms, 3) evaluating the proposals for final selection, and 4) negotiating an acceptable agreement with the selected design firm. Due to their involvement, HRG will not submit a proposal. HRG is a national firm knowledgeable in water treatment design and its personnel have performed similar services for the Metropolitan Council of Environmental Services for similar design procurement services for their treatment plant expansions/modifications. a~ Agenda Information Memo March 19, 2002 J. DODD ROAD (DIFFLEY TO WESCOTT) NO PARKING ACTION TO BE CONSIDERED: Approve a resolution to prohibit parking on the east side of Dodd Road between Diffley Road and Wescott Road, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan has approved the upgrade of Dodd Road, between Diflley Road and Wescott Road (City Projects 850 & 862). • It is desirable for the City to obtain the use of State Aid funding to reimburse the construction costs of the proposed street construction. ~ The proposed design of the upgrade of Dodd Road meets the State Aid standards for a municipal street with on-street parking provided on the west side only. Therefore, the City must pass a resolution prohibiting the parking on the east side when no provisions have been made to accommodate on-street pazking. • Minnesota Rules Chapter 8820 (State Aid standards) requires the prohibition of parking on all State Aid designated roadways where parking lanes are not provided. ~S Agenda Information Memo March 19, 2002 K. SILVER BELL ROAD NO PARKING ACTION TO BE CONSIDERED: Approve a resolution to prohibit parking on Silver Bell Road between Kennebec Drive and Blackhawk Road, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan has approved the upgrade of Silver Bell Road, between Kennebec Drive and Blackhawk Road (City Projects 800R & 801). • It is desirable for the City to obtain the use of State Aid funding to reimburse the construction costs of the proposed street construction. • The proposed design of the upgrade of Silver Bell Road meets the State Aid standards for a municipal street without on-street parking. • Minnesota Rules Chapter 8820 (State Aid standards) requires the prohibition of parking on all State Aid designated roadways where parking lanes are not provided. a6 Agenda Information Memo March 19, 2002 L. PROJECT 814. DIFFLEY ROAD TRAFFIC SIGNAL AGREEMENT ACTION TO BE CONSIDERED: To approve a Traffic Control Signal Agreement for Project 814, Diffley Road (Traffic Signal interconnection -Johnny Cake Ridge to Blackhawk Rd.) with the Minnesota Department of Transportation and Dakota County Highway Department and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The Dakota County Highway Department was the lead agency for the signalization of the Diffley Road (County Road 30) and Johnny Cake Ridge Road intersection, located east of Interstate 35-E, which was completed in the fall of 2001. • Project 814 included the installation of a new traffic control signal at the intersection of Diffley Road and Johnny Cake Ridge Road with street lights, emergency vehicle pre-emption (EVP), and signing at the intersection, as well as interconnection to the existing traffic control signals at the Interstate 35-E ramps and the intersection of Blackhawk Road, all on Diffley Road, and associated improvements at these existing signals. • An agreement between the City of Eagan, the Dakota County Highway Department and the Minnesota Department of Transportation has been prepared providing for the cost, maintenance, and operation of the traffic signal improvements. • City staff have reviewed this agreement and found the operation and maintenance responsibilities to be similar to other traffic signal agreements and in order for favorable Council action. a~ Agenda Information Memo March 19, 2002 M. PROJECT 751R, DODD ROAD. CLIFF ROAD TO BUTWIN ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 751R (Dodd Road, Cliff Road to Butwin Road -Street, Utility and Trail Improvements) with the owner of Pazcel 10-69000-030-01 (4940 Dodd Road) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 751R provides for the urban upgrade of Dodd Road, between Cliff Road and Butwin Road, including sanitary sewer, water main, storm sewer and off-street bituminous trails, and a street connection between Dodd Road and TH 3 along Cazol Street as outlined and discussed in the feasibility report. • On February 5, 2002, the City Council approved Project 751R, including the acquisition of all necessary easements. • The upgrade of Dodd Road required the acquisition of numerous permanent and temporary easements from the adjacent properties. • Cost estimates were obtained for all required easements. The estimated value of the easement for said property is $9,878.70. Staff has suggested an offer in this amount to the property owner. The property owner has consented to this offer. • An agreement between the City of Eagan and the owner of Pazcel 10-69000-030-01 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 direct any discussion to a Closed Session. as Agenda Information Memo March 19, 2002 Eagan City Council Meeting N. APPROVE METRO GREENWAYS GRANT APPLICATION ACTION TO BE CONSIDERED: Approve submission of the Metro Greenways Grant offered by the Minnesota Department of Natural Resources. FACTS: • The Patrick Eagan corridor is considered to be a unique, natural site with local and regional significance. • The City currently does not have a resource inventory or analysis for the corridor. • Site analysis of the corridor would include a inventory of the natural resources and ecosystems including the flora, fauna, and water, and would identify surrounding parcels that may contribute to the function/health of the greenway. • The funding would be utilized to hire a consultant to conduct and prepare the inventory and analysis. • By making application the City is under no obligation to accept a grant or allocate funds. • Grants require a 50% match. Funds would be allocated from the Park Site Fund. • Grant maximums are $40,000. • On March 6"', 2002, the Advisory Parks Commission voted to recommend submitting the Metro Greenways Grant. ATTACHMENTS: • None a9 Agenda Information Memo March 19, 2002 Eagan City Council Meeting 0. IMPLEMENT COMREHENSIVE GUIDE PLAN AMENDMENT, SE STUDY AREA -CITY OF EAGAN ACTION TO BE CONSIDERED: Implement the SE Area Study Comprehensive Guide Plan Amendment. FACTS: - At their regular meeting of February 5, 2002, the City Council directed staff to prepare and submit the SE Area Amendment to the Metropolitan Council for review and approval. - The Metropolitan Council has completed their review and, in a letter dated March 5, 2002, state that the City may put the amendment into effect immediately. ATTACHMENTS: (1) Metropolitan Council letter on page ~~ 3D Metropolitan Council Building communities that work March 5, 2002 Michael Ridley, Senior Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: City of Eagan Comprehensive Plan Amendment - SE Eagan Area Study Cazolyn Rodriguez, Metropolitan Council District 15 Referral File No. 18274-7 Dear Mr. Ridley: The Metropolitan Council received this amendment to Eagan's comprehensive plan on February 21, 2002 The amendment proposes to change the land use designation for 13 acres located in the SE quadrant of TH3 and Red Pine Lane from Industrial to Retail Commercial. Council staff has determined that the proposed amendment has no potential impacts upon any of the metropolitan system plans. Therefore, the city may place the amendment into effect immediately. Because the proposed amendment appeazs unlikely to affect policies and plans in other chapters of the Metropolitan Development Guide, the Council will waive further review and comment on this amendment. The amendment, explanatory materials supplied and the information submission form will be appended to the city's plan in the Council's files. Council staff offers the following advisory comments to the city for its consideration. The site in question is located approximately '/, to 'h mile east of Lebanon Hills Regional Park. There is some concern about how future development of this site might affect the park, because of its proximity. It is very important that the city uses good stormwater management practices and requires that a developer use as much narive vegetative land cover as possible to rlLnirni~e surface water impacts, as too much hard surface and minimal vegetative cover may cause excessive surface water runoff. Future development plans should inventory the existing vegetation and provide for the protection and restoration of native vegetation on the site. The city is reminded that its comprehensive plan still identifies and guides an insufficient amount of land in the community for the development of new medium and high density housing in numbers that will allow the city to meet its rental and affordable homeownership goals to 2010. If you have any questions about the advisory comments, please contact Michael McDonough at 651-602- 1054. If you have other questions about this review, please contact Jim Uttley, AICP, principal reviewer, at 651-602-1361. Sincerely, i~ Phyll Hanson, Manager Planning and Technical Assistance cc: Jennifer Chaput, MN DOT Metropolitan Division . Michael King, Sector Representative, Planning and Technical Assistance Guy Peterson, Housing, Livable Communities Michael McDonough, Parks, Planning and Growth Management Department Jim Uttley. AICP, Principal Reviewer, Planning and Technical Assistance Cheryl Olsen, Referrals www. metroco u nc i I. org 3/ 1f~~f~Od~ ~~ MAR 1 1 2002 Metro Info Line 602-1888 230 East Filth Street St. Paul. Minnesota 55 10 1-1626 • (651) 602-1000 Fax 602-1550 T1Y 291-0904 An Equa! Opportwiit~ Employer Agenda Information Memo March 19, 2002, Eagan City Council P ~ APPROVE MVTA JOINT POWERS AGREEMENT AND BY-LAWS ACTION TO BE CONSIDERED: To approve the MVTA Joint Powers Agreement and By-Laws FACTS: • In the fall of 2001 with the pending withdrawal of the City of Prior Lake form the MVTA the membership began working on an amended MVTA Joint Powers Agreement and By-Laws. • A number of the amendments to the Joint Powers Agreement and By-Laws are housekeeping in nature and aze timely to incorporate. • The more substantive changes have gone through a number of vaziations and have been reviewed and discussed extensively with City Attorneys, the MVTA Attorney, MVTA staff and Boazd Members and with the one exception have been agreed upon. • The final remaining issue discussed by the City Council at the Special meeting on Mazch 12, 2002 covered the appointment of the at-lazge commissioner and alternate. The City Council decision to favor having those appointments made by all five cities will be communicated to the MVTA along with the results of the present City Council action. ATTACHMENTS: • Enclosed on pages ~,~ through ~ is a copy of the MVTA Attorney's cover letter explaining the background and the amendments. • Enclosed on pages ~~ through ~~ is a copy of the Amended and Restated MVTA Joint Powers Agreement Establishing the Minnesota Valley Transit Authority. • Enclosed on pages ~~~ through ~,~ is a copy of the Amended and Restated By-Laws o the Minnesota Valley Transit Authority. 3~ BEST & FLANAGAN LLP 4TTOR?VEl'S AT LAR I.. ....I \1. \~i~li r~_~ \ \\.:I~, , r,~,~u \~: ~ I~ Ic.~~~~.~~,1 I; , , .I ~ I, ,,:.,, , t ~ \ „_ IL~_, I.. I.. ,,..I~.,. I.„~~,,.., I \I,.I, ~..I~. \i .~ ~ , I . h~ , ,., I...,.. ~, A. I;,~_,~Jr,_ti I~.~~ ,' II \\. \, '. ~~ I ~... ~~,: i i~;':.~,. ~. I; h ._ I',_I I-. F,.~~,~~~-~~ I;,,i,.~,: I~. AI,~I~,-~ I~;nl,i A_h.il;l.u~ I;~,I,..;~ AI. I,,,;_ I . ~~., \ , i,,,n, i ~~dl~~.i I. II,-_.~n, vL~~n,~,- v. I~,~~~~~~„~ ,,,~. t:. ~ ,,;.~„~~. I ~.~, ~~I t.. ~I~~~la„ I;,-I.,..,.. ~. i 1~.~ „~ \... v;, ~~~.;.~I;~ <I,~~~~ II,~L,~ri I_t.n;~L~ ,~~ r. ~I,,.,~ ~, ~, 4000 US Bank Place 601 Second .Avenue South ) ?Minneapolis, Minnesota 35402--1331 1006 8 ~j Telephone 612 339 ~ 121 ~ ~7 ~ ~ Facsimile 612 339 3897 H-a~s.hestlae.com ' Writer's Direct Dial No.: (612)341-9722 E-Mail Address: bross(c~bestlaw.com February 27, 2002 Mr. Tom Lawell Mr. Gregory Konat Apple Valley City Manager Burnsville City Manager Municipal Center City Hall 7100 West 147th Street 100 Civic Center Parkway Apple Valley, MN 55124 Burnsville, MN 55337 Mr. Tom Hedges Eagan City Manager City Hall 3830 Pilot Knob Road Eagan, MN 55122 Mr. Stephen King Savage City Manager City Hall 6000 McColl Drive Savage, MN 55378 Mr. Thomas Burt Rosemount City Manager City Hall 2875 145th Street West Rosemount, MN 55068 Re: Minnesota Valley Transit Authority Gentlemen: I represent Minnesota Valley Transit Authority and I am writing with respect to amendment of the Joint Powers Agreement and Bylaws for MVTA. I have enclosed an Amended and Restated MVTA Joint Powers Agreement and an Amended and Restated Bylaws. The MVTA Board is requesting that each of the cities approve the Amended and Restated Joint Powers Agreement and ratify the Amended and Restated Bylaws. As a separate action, MVTA is requesting that each of the cities decide whether to approve the amendment of the provision in paragraph 5 of the Joint Powers Agreement regarding appointment of the at-large commissioner. The board members were in agreement with respect to the changes in the Amended and Restated Joint Powers Agreement and are requesting that be approved, but voted to have the issue regarding the at-large commissioner decided by the cities. The issue is whether the at-large commissioner should be appointed by all five of the commissioners representing cities ~~ February 27, 2002 Page 2 that are members of MVTA, or whether the at-large commissioner should be appointed by the commissioners from Burnsville, Eagan and Apple Valley, which is the current provision in the Joint Powers Agreement. If the cities unanimously approve amending this provision, it will be included in the Amended and Restated Joint Powers Agreement that is circulated for signature. If this provision does not receive unanimous approval, the Amended and Restated Joint Powers Agreement will be circulated for signature with this provision remaining unchanged from the current language in the Agreement. I had a meeting with the city attorneys for the member cities of MVTA, and the attorneys have approved the language of the amendments except for the issue with regard to the at-large commissioner. A number of the amendments to the Joint Powers Agreement and the Bylaws are housekeeping amendments. The substantive amendments are as follows: Joint Powers Agreement. Board of Commissioners. With the withdrawal of Prior Lake, the Board consists of eight (8) voting commissioners rather than nine, and the language of paragraph 5(A) has been revised to reflect that. Paragraph 5(B) has been revised to provide that the alternate commissioner for each party may or may not be an elected official as determined by each party. The Joint Powers Agreement provides that each party shall appoint a staff member to the Technical Work Group, and language is added to paragraph 5(A) to provide that the alternate commissioner and the Technical Work Group member may be the same person. Therefore, cities that want to retain the current practice of appointing a staff member as both alternate commissioner and Technical Work Group member may do so, and cities that do not want to appoint a staff member as alternate commissioner have the option of appointing an elected official. Paragraph 5(E) has been revised to require three (3) commissioners appointed by the parties rather than four (4) to constitute a quorum of the board. This paragraph has also been revised to provide that actions at a meeting require the affirmative vote of a majority of the commissioners present at the meeting, which majority must conclude at least three (3) of the commissioners appointed by the parties. Powers and Duties of the Authority. Paragraph 6(A) has been revised to reflect the change in funding source during the 2001 Legislative Session by referring to the new statute, Minn. Stat. Section 16A.88. Paragraph 7(B) has also been revised to reflect that the amount of assistance to be provided by each party is the amount appropriated to each party plus a total amount each ~~ February 27, 2002 Page 3 party levies, rather than the current language which reads the total amount of assistance which each party receives. This reflects the change by the Legislature last year in which funding now is provided to the Met Council in the amount appropriated to each city rather than the cities levying the taxes for operating dollars or receiving the funds directly from the Met Council. The funds will flow from the Met Council to MVTA rather than to the cities. The cities still have the authority to levy taxes for capital projects pursuant to Section 16A.88 which is reflected in the amended language. Executive Director Authority. The MVTA Board has determined that the consensus of the cities is that the authority to hire and terminate personnel should rest with the Board rather than the Executive Director. Paragraph 6(E) of the Joint Powers Agreement has been revised to specifically state that the Authority shall hire and terminate personnel and provide compensation, insurance, and other terms and conditions that it deems necessary. Budget. Paragraph 7(A) has been revised to require the Executive Director to submit the preliminary budget to the Board and also to the cities for approval within thirty (30) days of the date of submittal. This provides for the working budget to be submitted to the cities at the same time that it is submitted to the Board for approval so that the cities have time to make comments and yet the budgeting process for Minnesota Valley will not be delayed. The language has also been revised to provide that the budget shall be deemed approved by a party that fails to approve or disapprove the budget within the thirty (30) day period. Insurance. Paragraph 8 has been revised to insert more specific language with regard to obtaining liability insurance for the Authority. The language provides that the Authority is required to provide all parties with copies of the liability insurance coverage documents, and in the event the insurance is cancelled or otherwise becomes unavailable the Authority shall purchase similar liability insurance coverage from another entity. It also provides the Authority shall purchase insurance in addition to liability insurance in such amounts and on such terms as the Authority shall determine. Duration of Agreement. Paragraph 9 was amended to provide that a party that is withdrawing shall provide notice no later than February 15`h of the year at the end of which such withdrawal is to be effective rather than January 10`t'. 3S February 27, 2002 Page 4 Distribution of Assets. This section has been changed to reflect that a party who is withdrawing shall not be reimbursed, except that ownership of a capital asset located within the city limits of the withdrawing party that was funded solely by funds levied by the withdrawing party shall be transferred to said party by the Authority. The language has further been revised to provide in the event of termination of the Agreement by all parties, the assets will be distributed only after payment of debts and obligations required by terms of state statutes, federal statutes, or contracts with the Metropolitan Council or federal agencies. This provision is to recognize the fact that the funding received from the Met Council and the Federal Government requires that transferred assets remain in regional use and would not be eligible to be distributed to the cities for anon-transit use. Bylaws. Board of Commissioners. The language of the Bylaws has been changed to reflect eight (8) commissioners and the limit on the term of the at-large commissioner. Voting. Section 6 of Article V (formerly (IV) has been revised to reflect the fact that voting now requires a majority of the commissioners, which must include at least three (3) commissioners appointed by a party. Notice of Meetings. Article V (previously IV) has been revised to change sections 4 and 5 to state that notice of meetings shall be provided pursuant to applicable statutes. The language in section IV that was inconsistent with the Open Meeting Law has been deleted. Language was also added to Section IV that the Executive Director could call a special meeting in addition to the Chair and any two commissioners to reflect the practice of MVTA. Signatures. Article VII (formerly VI) and Article VIII (formerly VII) regarding Officers and Executive Director have been revised to provide that both the Chair and the Executive Director shall sign contracts, agreements, deeds, and other documents and instruments. It has been the practice to obtain two signatures on such documents, and the Bylaws are being amended to be consistent with the practice. .36 February 27, 2002 Page 5 Disbursement of Funds. Article X (formerly IX) has been revised to remove Section 2 as it authorized the payment upon written consent of Board members, and this could be construed as a violation of the Open Meeting Law. Official Newspaper. There is no provision in the current Bylaws regarding an official newspaper, and the practice has been to designate the official newspaper from all of the cities. The city attorneys indicated that they had no objection to one official newspaper for MVTA in order to reduce the cost of publication. It was the consensus that the newspaper for the City of Burnsville should be designated as the official newspaper of MVTA and Article X of the Bylaws has been added. If you have any questions or need any further information, please call me. Sincerely, BMR/dk cc: Beverley Miller 183275/010252-950712 ~~ Barbara M. Ross 3~ AMENDED AND RESTATED MVTA JOINT POWERS AGREEMENT ESTABLISHING THE MINNESOTA VALLEY TRANSIT AUTHORITY n .,,o„ao,~ ~,r~r,.t, ~ ooZ a „ri ~ oan r~r.,,.~~, ~ oo~ > > THIS AMENDED AND RESTATED MVTA JOINT POWERS AGREEMENT ("A~reement") is by and among the Cities of Apple Valley, Burnsville, Eagan, Rosemount, and Savage from hence forth to be known as the "Cities," municipal corporations organized under the laws of the State of Minnesota. This Agreement amends and replaces the MVTA Joint Powers Agreement adopted in March 1993 and amended in April 1994 by the Cities of Apple Valley, Burnsville, Eagan, Prior Lake. Rosemount and Savage. The Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statute §§ 473.384, 473.388, and 471.59. WHEREAS, the Cities have completed a Project Study under the Metropolitan Transit Demonstration Program; NOW, THEREFORE, BE IT RESOLVED, in consideration of the mutual covenants contained herein, it is hereby agreed by and among the Cities: 1. Name. The Cities hereby create and establish the Minnesota Valley Transit Authority. 2. Purpose. The purpose of this Agreement is to provide public transit service for the Cities pursuant to Minnesota Statutes § 473.388. 3. Definitions. (A) "AUTHORITY" means the organization created by this Agreement. 38 (B) "BOARD" means the Board of Commissioners of the Minnesota Valley Transit Authority. (C) "COUNCIL" means the governing body of a party to this Agreement. (D) METROPOLITAN COUNCIL" is the metropolitan council as established by Minnesota Statutes § d''~^73.123 (E) "PARTY" means any city which has entered into this Agreement. (F) "TECHNICAL WORK GROUP" is a committee consisting of one staff member of each party and each county which shall act as technical advisors to the Board 4. Parties. The municipalities which are the e~igi~a~l-parties to this Agreement are Apple Valley, Burnsville, Eagan,1?'~ie~ba~Rosemount, and Savage the Citv of Prior Lake has withdrawnl. Additional Parties may be added by the concurrence of all the existing parties. No change in governmental boundaries, structure, organizational status or character shall affect the eligibility of any party listed above to be represented on the Authority so long as such party continues to exist as a separate political subdivision. 5. Board of Commissioners. (A) The governing body of the Authority shall be its Board which will consist of -(~-)ei ht 8 voting commissioners. Each party shall appoint one commissioner, done alternate commissioner and a staff member to ~~~'~^ °'~~" °'°^ serve on the Technical Work Group. The alternate commissioner and the Technical Work Group member may be the same person. The commissioners from the cities of Burnsville, Eagan, and Apple Valley shall additionally collectively appoint one commissioner and one alternate. This commissioner and its alternate shall be appointed by the three commissioners aforementioned and shall henceforth be known as the "at large commissioner" and the "at large alternate" respectively, and will be appointed annually at the January meeting and will be limited to serving four consecutive one year terms. r'°^~^^°' T~°^°~* u^°r~' Metropolitan Council members who represent the same cities as the MVTA, may serve as non-voting ex officio members of the Board of Commissioners. The Dakota County Board of Commissioners and the Scott County Board of Commissioners shall each appoint one commissioner and one alternate commissioner. 3Q (B) Commissioners shall be a member of the Council of each party or its designee, or for commissioners appointed by Dakota and Scott Counties, be a member of the Board of Commissioners of the county making the appointment. The at large commissioner and alternate may or may not be an elected official as to be determined by the commissioners from Apple Valley, Burnsville and Eagan and reviewed by the aforementioned commissioners on an annual basis. Alternate commissioner, «~,~ ~o,.,,o ^„ +~,o To~~,,,;,.~i xx~^,.v r_,.^,,,, ma or may not be an elected official as to be determined by each partv, or for county commissioners, their alternates shall be sta€fa commissioner of the county making the appointment. The terms of office of commissioners shall be determined by the party or the county making the appointment. (C) A commissioner may be removed by the party or county appointing the commissioner with or without cause. (D) Commissioners shall serve without compensation from the Authority. (E) Five commissioners, which must include At-at least few-(4-}three 3 of the ommissioners appointed by the parties' shall constitute a quorum of the Board. Attendance by a quorum of the Board shall be necessary for conducting a meeting of the Board. The Board may take action at a meeting upon an-the affirmative vote of a maiority of the commissioners present at a meetine, which maiority must include at least three (31 , m°~^,.:,~. ^~~^~~r ~^~ ^f the commissioners appointed by the parties or such a commissioner's alternate in his or her absence. (F) The Board may adopt rules and regulations governing its meetings. (G) As the first order of business at the January meeting of each year, the Board shall elect a chair, a vice chair, a secretary, a treasurer, and such other officers as it deems necessary to conduct its business and affairs. The current chair shall facilitate these elections. In the event that the current chair is no longer his/her city's representative to the MVTA, the Vice Chair shall facilitate the election process. In the event that both the Vice Chair and Chair are no longer its city's representative to the MVTA, the board shall decide on another officer or commissioner to preside over the elections. The newly-elected chair shall then preside over the remainder of the meeting, and all meetings henceforth until a new chair is elected. 6. Powers and Duties of the Authority. (A) General. The Authority has the powers and duties to establish a program pursuant to Minnesota Statutes §§ 473.384 and 473.388 to provide public transit service to serve the geographic area of the parties with funding as provided in Minnesota Statutes && 473.384, 473.388. ~-16A.88, and other applicable statutes, if anv. The Authority shall have all powers necessary to discharge its duties. (B) The Authority may acquire, own, hold, use, improve, operate, maintain, lease, exchange, transfer, sell, or otherwise dispose of equipment, property, or property rights as deemed necessary to carry out the purposes of the Authority. (C) The Authority may enter into such contracts to carry out the purposes of the Authority. (D) The Authority may establish bank accounts as the Boazd shall from time to time determine. (E) The Authority may employ an executive director whose dut3~ies shall be to administer policies as established by the Authority. The gExecutive dDirector shall be an employee of the Authority. The Authority ,,,.,,, °^*°r ~^*^ °^~^'^°^~°^* ^^^*Y°^*° •~~~*'~ etl~-shall hire and terminate personnel and -provide for compensation, insurance, and other terms and conditions that it deems necessary. (F) The Authority may enter into a contract for management services. (G) The Authority may sue or be sued. (H) The Authority shall cause to be made an annual audit of the books and accounts of the Authority and shall make and file the report to its Members at least once each year. (I) The Authority shall maintain books, reports, and records of its business and affairs which shall be available for and open to inspection by the parties at all reasonable times. parties. (J) The Authority may contract to purchase services from any one of the (T!1 \11:4hnn4 th° inn minim^nc~ nr~r~rn~rn~ a~4~° R^~r~ 4Thn Aw4~^ri4v o~o~~ n^f ~T ~ s e °vn°oo ^f ~1m /Gl v°oro 7. Operating and Capital Costs, Budgets, and Financial Liability. (A) The Authority shall have a fiscal year beginning January 1 and ending December 31. On or before 9steb~~June 1 of each year, the Executive Director shall prepare an estimated budget for the next fiscal year including an estimate of expenditures, operating costs, capital costs and revenues and submit it to the Board for preliminary aa._pproval. The Executive Director shall also submit the preliminary budget to the parties for approval within thirty (301 days of the date of submittal. ~f/ *r~^~~* ~.,~*°m. The budget shall be deemed approved by a party unless the party - _ - - - disapproves the preliminary budget within said thirty (30) days. -The Boazd shall review and approve or disapprove the budget. ° ~,„a„°* °''°"''° ~°°m°a °^^r^~~°~"~~~ ° ^°~*•~ +i, + ~~;~~ +^ ",,,.-^..° ,,,. a;~.,.,..,.^.,° +~,° ~,,,,~,.°+ .;~ ;,a +~,•,.+ ~zm a.,.,~ The approved cI1RL~1Z31TL4'RL7[7IVTC'~Z•'Ci2[7iTp~7iV7'~-Lr2~7"pC[QG~'~i ir7C[i~rCTTiTnT7V'T'CiRT.7. budget shall be submitted to the Metropolitan Council, or its successor, for approval. The budget may be adjusted from time to time on the basis of actual costs incurred or changes in estimated revenue or expenditures. In the event of an adjustment of the budget, there shall be furnished to each party a computation of the adjustment. (B) The annual financial contribution to the Authority of each party shall be the total amount of assistance appropriated to each partye~ plus the total amount, if any, each party levies, pursuant to Minnesota Statutes §§ 16A.88, 473.384 and 473.388. A party shall obtain approval of the Authority before it levies funds to contribute to the Authori Insurance. The Authority shall purchase liability insurance coverage to cover the activities of the Authority. The Authority shall provide all parties with copies of the liability insurance coverage documents. The liability insurance coverage shall provide all parties with sixty (601 days notice of cancellation, material chance or termination of coverage. In the event the liability insurance coverage is cancelled, or otherwise becomes unavailable, the Authority shall procure similar liability insurance coverage from another entity. The Authority shall purchase insurance in addition to liability insurance in such amounts and on such terms as the Authority shall determine. 9. Duration of Agreement. This Agreement shall continue in force commencing on January 1, 1991 and as amended in April, 1994 and amended and restated herein and thereafter from year to yeaz, subject to withdrawal by a party or termination by all parties. Withdrawal by any party shall be effected by serving written notice upon the other parties no later than 3;~-1-8~'Februarv 15`f' of the year at the end of which such withdrawal is to be effective. Withdrawal from the Agreement by any party at the end of the calendar ~~ year shall not affect the obligation of any party to perform the Agreement for or during the period that the Agreement is in effect. Withdrawal of any party or termination of the Agreement by all parties shall not terminate or limit any liability, contingent, asserted or unasserted, of any party arising out of that party's participation in the Agreement. 10. Distribution of Assets. In the event of withdrawal of any party from this Agreement, the withdrawing party shall not be reimbursed, except that ownership of a capital asset located within the city limits of the withdrawing party that was funded solely with funds levied by the withdrawing party pursuant to Minn. Stat. & 473.388. Subd. 7 shall be transferred to said party by the Authority. In the event of termination of this Agreement by all parties, all of the assets which remain after payment of debts and obligations that are not (i) required by terms of state statutes, federal statutes, or contracts with the Metropolitan Council or federal agencies to be available for regional use for transit pumoses or to be transferred to the Metropolitan Council or federal agencies or (ii) a capital asset located within the city limits of a party that was funded solely with funds levied by said party pursuant to Minn. Stat. & 473.388. Subd. 7, shall be distributed among the municipalities who are parties to this Agreement immediately prior to its termination, subiect to the terms and requirements of obligations issued by one or more municipalities pursuant to Minn. Stat. Section 473.388, Subd. 7 in accordance with the following formula: Each municipality shall receive that percentage of remaining assets determined by dividing the total amount of which that municipality contributed to the Authority by all the municipalities who are parties to this Agreement immediately prior to its termination. Ownership of a capital asset located in ~3 the city limits of a party that was funded solely with funds levied by said party pursuant to Minn. Stat. & 473.388. Subd. 7 shall be transferred to said party. The amount of the distribution to any party pursuant to this Agreement shall be reduced by any amounts owed by the party to the Authority. 11. Effective Date. This Agreement shall be in full force and effect when all s~ (five 5 ~ ~, delineated in paragraph 4 of this Agreement, sign this agreement as amended ° ^^'~~~and restated herein. All M~ ap rties need not sign the same copy. The signed Agreement shall be filed with the Executive Director, who shall notify all M~be~ arties at the earliest Board meeting of its effective date. Until this Agreement, as amended and restated, is signed by all ~~ ap rties, the preceding Agreement shall stay intact and in effect. IN WITNESS WHEREOF, the undersigned government units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statutes § 471.59. Adopted this _ day of , ~-9-9200 CITY OF APPLE VALLEY By: Its: ATTEST: By: Adopted this _ day of , ~-99200 CITY OF BURNSVILLE By: Its: ATTEST: By: S~ y Its: Adopted this _ day of , X3200 CITY OF EAGAN Its: ~AFcv r*c i~6 _ ~T ~~ , 1~0- By: RaT: Its: Its: ATTEST: ^ T,~~r: By: ~•~~ Its: Its: Adopted this _ day of , X3200 Adopted this _ day of , -I-~200 CITY OF ROSEMOUNT CITY OF SAVAGE By: By: Its: Its: ATTEST: ATTEST: By: By: Its: Its: STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) On this _ day of , X200 ,before me a Notary Public within and for said County personally appeared and to be personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF APPLE VALLEY, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council, ~5 and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. (SEAL) NOTARY PUBLIC STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) On this _ day of , -1200 ,before me a Notary Public within and for said County personally appeared and to be personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF BURNSVILLE, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council, and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. (SEAL) NOTARY PUBLIC STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) On this _ day of said County personally appeared X200 ,before me a Notary Public within and for and to be personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF EAGAN, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council, and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. (SEAL) NOTARY PUBLIC ~6 /y /]I/ ~~ }~, V n ~, ~n~i~rn mo n T~T.,torl. UIil~lin ~Iri tl~il~ .~rrl fir oni~ ' ~ , rlfi'2.S x ~,,~P~,~r.~11t> or~r~nnrn~ _, ~,,.a CipiIG •~IQZZIZ CQZQ ZVZ .7QZQ CCi2~ 2 t~ l~n I~nro~n.~ll~~ 1~ne~.I irr~ •»~~ l,uir~rt n~nl~ l,c~ mu rliill~ 7 STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) On this _ day of , -f~-9200 ,before me a Notary Public within and for said County personally appeared and to be personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF ROSEMOUNT, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council, and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. (SEAL) NOTARY PUBLIC STATE OF MINNESOTA ) )ss. COUNTY OF 1rASCOTT ) On this _ day of , X99200 ,before me a Notary Public within and for said County personally appeared and to be personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF SAVAGE, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council, and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. (SEAL) NOTARY PUBLIC 010252A50712 / 183284 ~~ AMENDED AND RESTATED BYLAWS OF MINNESOTA VALLEY TRANSIT AUTHORITY These Bylaws amend and restate the Bvlaws of Minnesota Valley Transit Aut_h_ority adopted February, 1993. ARTICLE I. NAME The name of this organization is the Minnesota Valley Transit Authority (hereafter "the Authority"). ARTICLE II. PURPOSE The purpose of this Authority ~s to provide public transit service for the cities of Apple Valley, Burnsville, Eagan, ~~Rosemount, and Savage the parties to the Joint Powers A reement establishing the Minnesota Vallev Transit Authority. ARTICLE III. DEFINITIONS Section 1. The term "party" herein is defined as a member of the Joint Powers Agreement establishing the Minnesota Vallev Transit Authority. Section 2. The term "county" herein is defined as Dakota County or Scott County. Section 3. The term "Technical Work Group" is a committee consisting of one staff member of each party and each county which shall act as technical advisors to the Boazd. ARTICLE I~IIV. BOARD OF COMMISSIONERS The governing body of the Authority is its Board which consists of C~~)~ei ht 8 Commissioners. Terms of the Commissioners are set by the cities and counties that have appointed them, except the at-large commissioner shall be limited to serving four consecutive one year terms. ARTICLE INV. MEETINGS, QUORUM, VOTE REQUIRED FOR ACTION OF THE BOARD Section 1. The Board meeting schedule shall be determined by the Board or, when necessary, as notified. S~~ Section 2. All Commissioners are expected to attend regular meetings of the Authority. Commissioners shall contact the Executive Director prior to the meeting if unable to attend, and shall notify the alternate Commissioner and request that the alternate Commissioner attend. Two consecutive absences by a Commissioner, along with the absence of his or her duly seated alternate from regular meetings shall result in written notification from the Executive Director under the direction of the Chair to the represented party or coon requesting a replacement be made. r4The notification shall be sent to the Commissioner's respective city administrator/manager or chair of the county commission who will be requested to bring the matter to'~~°"'°r ^~*~~ ^^~~^^~''° °**°^*~^^the attention of his/her city council or county commission. In the event that the Chair and the absentee member are one and the same, the Vice Chair will then give direction to the Executive Director to carry out the process as mentioned above. Section 3. In the absence of the Commissioner, the designated alternate for the absent Commissioner shall act in the place of the Commissioner with all authority of the absent Commissioner. Section 4. Special meetings may be called by the Chair, the Executive Director, or any two Commissioner ~,-.,,°„*.,_f^,.,. ~,,,,,~ .,^+;^° ~~,^„~a ~.° .,;..°., ;,, ~a.,,,,^° ^~, ..,°°+;,,.,. Notice of special meetings shall be provided pursuant to applicable statutes. Section 5. Emergency meetings may be called by the Chair or Executive Director if the delay needed to call a special meeting would cause serious harm to Minnesota Valley Transit Authority. Only urgent matters needing immediate attention without delay may be acted upon in an emergency meeting. Notice of an emergency meeting shall be provided pursuant to applicable statutes. Section 6. ~';~,° ~c~ L2^.,..r~ r^m micoi^„°,.n ot,~~~ n^n n4;4„+n o n„e~,-„m •„hint, c+l,n~~ ~° Five Commissioners, which must include at least three Commissioners appointed by a party, must be present at a meeting to constitute a quorum. A quorum is necessary for conducting the business of the Board and exercising its powers. Section 7. Action of the Board shall require the affirmative vote of €~-~~-~a maiority of Commissioners present at a meeting, which maiority must include at least three Commissioners appointed by a party. Section 8. Meetings shall be conducted in accordance with the provisions of ' ..the current edition of Robert's Rules of Order. Section 9. The Board shall act by Resolution with respect to contracts, purchases of buses. motor vehicles, real estate or leases in excess of five years. Board policies, and any other matter that in the opinion of legal counsel should be by Resolution. ~`9= ARTICLE VI. COMMITTEES The Board may establish standing and/or temporary committees. Committees be comprised of Commissioners and members of the Technical Work Groun e~~who may call upon staff} or outside consultants pursuant to contracts approved by the Board, for assistance and advice as necessary, .,o+ ,,,a ,,.,~,, fl,o r-'~Y,.,.,,;oo;,,.,u.~o ,,,,., .,.,ro .,,,a o.,~~rcn ~„.~~ . Commissioners and members of the Technical Work GrOUp shall be appointed to the committees annually and when necessary, and assignments shall be reviewed at the February meeting. ARTICLE VI_I. OFFICERS Section 1. Officers of the Authority shall consist of a Chair, a Vice Chair, a Secretary, a Treasurer, and such other officers as the Board deems necessary to conduct its business and affairs. Officers shall be elected at the regular meeting in January of each yeaz for a term of one yeaz, and shall serve until their successors have been elected and qualified. The Chair shall be limited to two consecutive one year terms. Section 2. Chair. The Chair shall preside at all meetings of the Boazd. The Chair shall also appoint the members of each standing or temporary committee from among the members of the Board and the Technical Work Groun and may designate a chair of each such committee. The Chair and the Executive Director shall sign and execute all contracts, agreements, deeds, and other documents and instruments made by or on behalf of the Authority. Section 3. Vice Chair. In the absence of the Chair, the Vice Chair may exercise all the duties and powers of the Chair. Section 4. Secretary. The Secretary of the Authority shall maintain a record of all of the proceedings of the Board, provided, however, the taking and preparation of minutes may be performed by a recording secretary. The Secretary may attest to the signatures or signature of such officer or officers of the Authority authorized to execute any document or instrument on behalf of the Authority. Section 5. Treasurer. The Executive Director shall be the official custodian of all of the financial records of the Authority under the guidance or direction of the Treasurer. ARTICLE VIII. EXECUTIVE DIRECTOR The Authority may employ an Executive Director who shall have general supervisory authority over administration e~of all of the business and affairs of the Authority including, but not limited to, administration of the transit system or systems provided by the Authority, S~d 3 contracts for transportation service, marketing and promotion of such services, as well as recommendations for changes and additions to the transportation services provided. The Executive Director and the Chair shall sign and execute all contracts, deeds, and other documents and instruments made by or on behalf of the Authority. The Executive Director shall have the care and custody of all funds of the Authority and shall deposit the same in the name of the Authority in such bank or banks as the Board may select. The Executive Director shall perform such other duties and functions as may be required from time to time by the Board. Compensation of the Executive Director shall be established by the Board. T~^~ u,.~r,~ ,,,~~, ,~~n ARTICLE ~I-IIX. DISBURSEMENT OF FUNDS Section 1. Disbursement of funds shall be by an order drawn by the Chair and the Executive Director upon the Treasurer. Except when issued for the payment of judgments, salaries, and wages previously fixed by the Board or by statute, principal and interest on obligations, rent, and other fixed charges, the exact amount of which has been previously determined by contract authorized by the Board, and except as provided hereafter, no order shall be issued until the claim to which it relates has been audited and allowed by the Board. Upon allowance by the Board, a claim may be paid. mon4inrt in 4ti+n o~mn rv,onnor on if i4 ~~a nn4 ~onr, r ~oi~ Section 2~. Any officer or other agent or employee of the Authority who is authorized, singly or in conjunction with another or others, to sign checks, drafts, warrants, warrant checks, vouchers, or other orders on public funds on deposit in a depository bank, may authorize the bank to honor any such instrument bearing a facsimile of that person's signature and to charge the same to the account upon which drawn as fully as though it bore his or her manually written signature. Any one or more of all of the signatures upon any such instrument may be by facsimile as herein provided. ARTICLE X. OFFICIAL NEWSPAPERS The Authority designates as its official newspaper the official newspaper designated by the City of Burnsville. ARTICLE ~XI. AMENDMENTS v^! 4 These Bylaws may be amended at any regular or special meeting of the Board with the approval of five (5) Commissioners of the Board, which must include at least three Commissioners annointed by a narty. provided a copy of the proposed amendment has been furnished to each Commissioner of the Board at least ten (10) days prior to the meeting subject to ratification of each party. Motion to Adopt Bylaws: Motion Seconded By: Ayes Nayes ADOPTED as amended F°~^•°^~ ~ °°2 by the Minnesota Valley Transit Authority this day of , -f9-~f 2002. MINNESOTA VALLEY TRANSIT AUTHORITY BY: _ Its Chair ATTEST: BY: Its Secretary s~ Agenda Information Memo March 19, 2002 Eagan City Council Meeting Q. PEDESTRIAN CROSSWALK SAFETY GRANT ACTION TO BE CONSIDERED: Authorize the application to the Minnesota Safety Council for a Pedestrian Crosswalk Safety Grant. FACTS: • City Staff have become aware of a Crosswalk Safety campaign by the Minnesota Safety Council. 4 grants of $5,000 each are being offered throughout the state for assisting communities in launching pedestrian crosswalk safety initiatives. The Public Works department would like to apply for one of these grants emphasizing an experiment of pedestrian education and awareness as compared to the more conventional motorist warning and enforcement actions. The application deadline is April 1. ~3 Agenda Information Memo Mazch 19, 2002 R. PROJECT 751R. DODD ROAD, CLIFF ROAD TO BUTWIN ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 751 R (Dodd Road, Cliff Road to Butwin Road -Street, Utility and Trail Improvements) with the owners of Parcel 10-03600-030-28 (4755 Dodd Road) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 751R provides for the urban upgrade of Dodd Road, between Cliff Road and Butwin Road, including sanitary sewer, water main, storm sewer and off-street bituminous trails, and a street connection between Dodd Road and TH 3 along Carol Street as outlined and discussed in the feasibility report. • On February 5, 2002, the City Council approved Project 751R, including the acquisition of all necessary easements. • The upgrade of Dodd Road required the acquisition of numerous permanent and temporary easements from the adjacent properties. • Cost estimates were obtained for all required easements. The estimated value of the easement for said property is $741.78. Staff has suggested an offer in this amount to the property owners. The property owners have consented to this offer. • An agreement between the City of Eagan and the owners of Pazcel 10-03600-030-28 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 direct any discussion to a Closed Session. sy Agenda Information Memo Mazch 19, 2002 S. CONTRACT 00-07. TRUNK HIGHWAY 13 DIVIDED FOUR-LANE UPGRADE ACTION TO BE CONSIDERED: Approve Change Order No. 9 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 reduction of cleazing and grubbing quantities, the addition of seeding and disk anchoring quantities and the substitution of different aggregate classifications and bituminous types. • City Change Order No. 9 contains three sepazate change orders provided by MnDOT that aze described heretofore by the individual MnDOT references. • MnDOT Change Order No. 6 addresses the reduction of cleazing and grubbing quantities due to the deletion of a segment of the proposed trail improvements adjacent to the Blue Cross Blue Shield property. • MnDOT Change Order No. 7 increases the amount of seeding and disk anchoring needed to satisfactorily complete the project due to additional disturbed turf surface azeas within the project limits. • MnDOT Change Order No. 8 provided documentation of the Engineer's acceptance of the substitution of contract material items in lieu of specified material items. The substituted items included aggregate material and bituminous mixtures. • The cost of the related change order items were all consistent with the 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 a cost reduction of $1,412 (0.04% of original contract). The associated savings will be to the benefit of MnDOT (50%) and the City's Major Street Fund (50%). ATTACHII~NTS: • Copy of actual change order is available to anyone via the Engineering Division. ~~ Agenda Information Memo March 19, 2002 T. APPROVE THE RENEWAL OF A CONSUMPTION AND DISPLAY (SET UP) PERMIT APPLICATION FOR GRAND INDIA RESTAURANT ACTION TO BE CONSIDERED: To approve the renewal of a Consumption and Display (Set Up) Permit application for Grand India Restaurant located at 1260 Town Centre Drive. FACTS: • In November 2001, Golden T. Inc., located at 1260 Town Centre Drive, applied for and received a Consumption and Display (Set Up) Permit, which allows the consumption of intoxicating liquor. • The State Alcohol and Gambling Enforcement Division issues Consumption and Display permits effective April 1 through March 31. The Grand India Restaurant is seeking a renewal of their permit at this time. • The permit allows the pemut holder to sell ice, pop or mix for making drinks, but will not allow the pemut holder to sell intoxicating liquor. The request is consistent with Eagan City Code, Chapter 5, Section 5.81, entitled Consumption and Display. • The applicant has been investigated by the Police Department and does not find any reason to deny the permit application. ATTACHMENTS: • Application enclosed without page number. s~ Agenda Information Memo March 19, 2002 Eagan City Council A ~ ~ VARIANCE -DUKE REALTY (PROPOSED LOT 1, BLOCK 1, EAGAN PRESERVEI ACTION TO BE CONSIDERED: 1) To approve a Variance to the minimum ten-foot parking stall width to allow nine-foot wide parking stalls on proposed Lot 1, Block 1, Eagan Preserve located north of Yankee Doodle Road and west of Pilot Knob Road. 2) To approve a reciprocating parking agreement to allow parking within Central Park. FACTS: • Duke-Weeks is developing athree-story, 90,000 square foot office building intended to house labs, offices and classrooms for the Medical Institute of Minnesota (MIM). • Negotiated dedication requirements of the Eagan Preserve plat include a parking easement whereby the developer has agreed to provide a parking easement for community events such as the Fourth of July and the Arts Festival, allowing event participants to park in their lot. • Since the initial site plan, the user's parking standard has increased to 8 parking stalls per 1,000 square feet of gross building area, which translates into a total of 720 parking stalls. • In order to maximize the on-site parking, the developer made some modifications to the parking lot design, and is requesting a Variance to allow narrower parking stalls and a reciprocating parking agreement that would allow them use of parking within the Central Park. • The original site plan provided 583 ten-foot wide parking stalls, which exceeded the City's standards of 480 stalls. The proposed Variance for nine-foot stalls would provide 664 stalls on- site. • The developer also requests the use of 56 parking stalls at the Community Center parking lot through a reciprocating parking agreement. However, it is possible that the actual number of stalls may fluctuate. • The Community Center has 265 parking stalls planned, with space for approximately 90 more stalls to the south of the original parking lot should the need arise for more parking in the future. • While it is anticipated that heavy-use parking needs of the MIM facility and the Community Center will not conflict, this may not always be the case. Events occurring concurrently or conflicting vacation days between this facility and public schools may result in insufficient parking at times. • Additionally, snow removal operations may reduce the number of available parking stalls in the winter, both at the Community Center and the Duke Reality site. • While the developer has already agreed to allow public use of this facility's parking for special events, their request reflects a desire to use the Community Center parking on a continuous basis. • The parking agreement appears on the Advisory Parks Commission agenda on March 18, 2002. The applicant has submitted a separate narrative explaining the reasons for the request. ATTACHMENTS: Variance Report and applicant's narrative, pages through Duke Realty narrative regarding reciprocal parking, pages through S7 PLANNING REPORT CITY OF EAGAN REPORT DATE: March 13, 2002 APPLICANT: Duke Realty PROPERTY OWNER: Joe Miller Farms, Inc. REQUEST: Variance LOCATION: North of Yankee Doodle Road across from Federal Drive COMPREHENSIVE PLAN: SA, Special Area ZONING: RD, Research and Development CASE: 09-VA-O1-02-02 HEARING DATE: March 19, 2002 APPLICATION DATE: Feb. 26, 2002 PREPARED BY: Pamela Dudziak SUMMARY OF REOUEST Duke Realty is requesting approval of a Variance to allow nine-foot wide parking stalls on property proposed to be platted as Lot 1, Block 1, Eagan Preserve, located north of Yankee Doodle Road across from Federal Drive in-the SE'/4 of Section 9. AUTHORITY FOR REVIEW City Code Chapter 1 1, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards only if: 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. s8 Planning Report -Duke Realty March 19, 2002 CODE REQUIREMENTS In November of 2000, the City adopted an ordinance amendment establishing dimensional requirements for parking stalls. The requirements for a standard parking stall are ten feet wide by 19 feet deep. Additionally, the City Code requires a parking ratio for office use of one stall per 150 square feet of net leasable area. BACKGROUND/HISTORY Duke Realty is developing the property and constructing athree-story, 90,000 square foot building for Argosy Education Group, Inc. The three-story building covers 29,500 square feet, or approximately 8% of the lot area, as compared to the maximum allowed of 20%. The site plan satisfies the 25% minimum green space. EXISTING CONDITIONS The property has received preliminary subdivision approval, and application has been made for the final subdivision, which is anticipated to be complete within the next several weeks. Site grading and construction are expected to begin this spring. EVALUATION OF REQUEST Applying the above City Code standard, a minimum of 480 stalls are required. Initially, the site plan provided for 583 ten-foot wide parking stalls, which exceeded the City's standards. However, Argosy recently merged with Educational Management Services Corporation and the entity now has a standard of providing 8 parking stalls per 1,000 square feet of gross building area, which translates into a total of 720 parking stalls. In order to maximize the on-site parking to satisfy the user's new standards, the developer made some modifications to the parking lot design, and has requested the Variance to allow narrower stalls. Since the site can accommodate mare than the required number of stalls at the minimum ten-foot width, satisfies the minimum green space and maximum building coverage requirements, it does not appear that the site is being overdeveloped. Should a different user occupy the building in the future, the parking lot could be restriped to conform to the ten-foot width and the site would still satisfy City Code requirements for the number of stalls required. APPLICANT'S ESTIMATE OF HARDSHIP The applicant has provided a written narrative explaining the request and estimate of hardship. The narrative indicates that physical expansion of the parking lot is constrained by several circumstances -the alignment of Central Parkway, the adjacent Central Park, the parkland dedicated to the City, and the alignment of the future Quarry Lane that splits the property. S9 Planning Report -Duke Realty March 19, 2002 Page 3 SUMMARY/CONCLUSION Duke Realty is requesting approval of a Variance to allow nine-foot wide parking stalls. The proposed Variance, while allowing for more on-site parking, does not result in an increase the amount of impervious surface. The Variance also is not needed to increase parking in order to satisfy City Code standards, but rather to meet the user's desire for more parking. The site plan continues to satisfy other bulk standards for building coverage, setbacks, parking lot islands and green space. ACTION TO BE CONSIDERED To approve a Variance to allow nine-foot wide parking stalls on property proposed to be platted as Lot 1, Block 1, Eagan Preserve, located north of Yankee Doodle Road across from Federal Drive in the SE %4 of Section 9. If approved, the following conditions should apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 60 Eagan Boundary Location Map ~P~;~.~'~- Building Footprint ~;;;aaa~~~ T "~" a e' i ~ :1 ~ ~ ~ ~ a' •~ .~ "~ 3 ~ ~ ~ ~C~y 9 ,,.~~ ~ i ~ _ ~, ' ~' t ~ ~ ~ ~ ~ ~° e ~ ~ e ~ ~ ~ ~ ~ ~ _~ ~ m o ww QD w ar ~ tae 4 ~ ~ t! 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THIS MAP Is INTENDED FOR REFERENCE USE ONLY N w E City of Eagan M. i N N E S 0 T' A The City of Eagan and Dakota County do not guarantN the accuracy of this IMorenatlon and era S Cernnwdty Devaleprn.nt D.partrn•ne not neponaiblo for coon Or omtsalona. \ ~ ~ ' ~~ I -.:- 'I ~ .'. ~ ~~ ~• \ ~ f .~ \\ ~ T~ ~ g_ ~ ~ ' . ~ I~ ,, ,~ ~1 ~ , i 1, -- , <!D i ~ ~ l ~ gi~~ i r ~ l ri ~ ~ ~~ ~ ~ I~ ni ~ ym I 8 (8py D~~ S~ ~ ~ Di ~l~ i~ I I ~ i S~ m~: ~ I i ~ , NI~~,N. I I m ' ~ N~~, • ~ aiy~ i I sT~-+j ~ ~; ~ ~ I ' I ~ D ~ l~ ~ ' ~ ~ ~! ' ~ D j '~ jol~l ~NQ (s~1q`~@V.V4m DID QAr ~~p;V m I ~i F~~i~ i~~~N ~ N,~1 ~,`n'Y~ T m , ~j 'nFYil~l ~~ I A ~I I~ ~ ~, i~ ~t--_ _~ ~_ .r i~'~ ~[ , I ~N g ~. . ~ ~~~ ~~ ~~ ~ .._ _~~ ~~ 0 k ~ ~ ~ }: ~ jpi ~ ~ er I ~ I ~~~ FS. ~! ~~" I~ ~ ~ ;I'~/ f, ; ~~ ~. ; ~~ ~~ -~~ a--- // !- tr / :~ / l'_' / / / 7 r / ~? // / F / , ~, b I .. _ s pF ~ ~~ k ( i /I j ! e / ~ ' ~ ~ e /I ~ i •~,~//%/ ' ~ 1 ~ i i~t /% /~ ~: c _ G _ - Qiy Sg T -_ !e 7ik ~/ / V \\ \ ~ '/ ~' i~~ \// / ;/ / ~ 1 "i 1; ~ .'/,' 2/20/02 REVISED FOR VARIANCE - 9' PARKING STALLS .• ARGOSY EDUCATION GROUP, INC. ~ „~, .. N ' . ~ _ ~ EAOAN PRESERVE "' ` ' `~' '` ~ -s~b • •raro+ ° w ' I ~ SITE PLAN a~'s~i I~#~ ~`g M :sfD 6~ ~. \~ I ~~ I ~ I ~ I. ~ I i •• I ~ t ~~~ \~ , I ----_--~_1J #~, _~_, , Y~ ', s: ,ss : ~ __ ~ ~ j I _ -MA ~G 4'Y r ' 1 ~ ~ t1 i ...~_ ~ ~ 1 < Ic j~ i 111•--; - ~I o I ~ I I_ i'- ~ I ~- l l I _ I ~ idl ~ e~1 a= ~1 _ _ _ _ ~I E I ~ I I ~ I I i ~ I; 8 I 11 _ I r,r _~ ~ - ,.r, fl I ,~I ~ . I ~ II~ - -_ ~ ~ t ~ I~ Its ~~ - - ~~ r I•.. I H ~ ~ 1I~1 ~ ~ 51 ICY III -I I I ~ ~ 1 I 1 ~1 -_ - - - I • EE I ~" i' ¢ i IF, I ( 1 ~~~nTf4[r 55~ ~ Ir•I I ~_ ® Q~ I I. yy g' ~ • I --~ I E ~i 1 I ~~ ~k ~~, a~ II I I if !~8~~• ~~ l ~~ ~; tip ± l I r' :.. . / / ~~ r ~,. y . I~jl E9 iF '~_ I {x I J Y x. _ _~+ ' l% I I A~ ~• Fr + ~ r.~-rtez• iq.,r. ~sy. S iii // ~ c3~ b c-r_ s-; ~( M I _ - ~ 6 • - _ _ _ _ _ -' _ --- __ _- -FRprOiBEp NOgIMVEBT COMEG710N ~_\ r-f- (j ~ ~~.. Pp~ ~ i 1 i ~~ \ J ~~ i ~~~ ~~~ f ~ ~ - / c~ r ~. \~ ~ o ~_ ~ . "'.~ ARGOSY EDUCATION GROUP, INC. EAOAN PRESERVE • ''? ~ ~, E ' f SITE PLAN ~ y.~ pL'O O ~ I i "~ i '.r o ~+' ~ /v ~ m ~~ ~ ~ , ~I ~ 5~ IiQ I ~~ ~ 1 'I ~ Zi~~i ~I ~ I Z ~ ~ s l~ ; ~ ~' s , ~ ^ ' ~ 7DJ : Q, n : ' ~ ^I~jw,i ~ ri ~~~. m im'.,,~: >~w~ I I ,. I i I 0 n ~ir1~ut m ~j' '~' I ! --I D ~in~ i I I~i~ -~ ~ Ni~fi ~ ~ ZI Z'. 2 2~ ~O V ~Z ~f _. L7' i I ' y:m. w ~ r OIO I u Nam 41 ~p fJ V ~V IN ~I 01 N (,~ ~.D0~ 1 ~mis wi w m wl I '1tN~ ww~ii ~ t+~ ~ ~ ~ w I'ni„n O' I I I ~~~ A r ~~~'m v~~ ~ I i ~ -- - ' r--- _ ~- . / ~ /. - ~' ~ / ~ - I ) / tg ') -_ / ~~`~ 1/) -- ~ ~ ra S_ ~ / /~ i ~~ I of i ~ ;~_~) ~ ~ /~ / ~~ /) / `\ /~ / /~ / ,~ , )~ , ,~ , ,~ , , %' , i , ~ ) , , ,, , ORIGINAL SITE PLAN ~ " iaio~ i y u J it~ ~ ~ ~ f ~ 4 : ae: sa f a? %i 63 ~'I uke REALTY CORPORATION Application for Variance Eagan Preserve/Argosy Education Group Project title: Eagan Preserve Project location: The project site is located north of Yankee Doodle Road and approximately 500 feet west of Pilot Knob Road, on the south side of the future Eagan Central Community Park. Legal Description: That part of Lot 2, Block 1, UNISYS PARK 2ND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, lying northerly of the following described line: Commencing at the northwest corner of said Lot 2; thence South 00 degrees 12 minutes 35 seconds East, assumed bearing along the West line of said Lot 2 a distance of 750.95 feet to the point of beginning of the line to be described; thence South 62 degrees 39 minutes 10 seconds East a distance of 592.85 feet; thence South 89 degrees 55 minutes 45 seconds East 807.04 feet to the Southerly line of said Lot 2; thence Easterly, Northeasterly and Easterly along said South line to the most Easterly line of said Lot 2 and there terminating. Together with the easements created in the Declaration of Easements, Covenants and Restrictions for Lot 1, perimeter Road in Unisys Park 2nd Addition, Document No. 1006194. Request: Duke Realty Corporation, on behalf of Argosy Educational Group is requesting approval of a parking stall width variance from 10 feet to 9 feet wide on the Argosy facility project. Ordinance requirement: Section 11.10 subd. 13, B of the City code requires:..."all required off-street parking stalls shall not be less than 19 feet in depth and ten feet in width." Background information: This subdivision °Eagan Preserve" received City Council approval in October 2001 and Lot 2 of that subdivision as Argosy Education Group, Inc. received site plan approval. Since that time the project was delayed as a result of the merger between Argosy Educational Group and Educational Management Services Corporation, EDMC. As part of the new education group facility criteria their parking standards are greater, at 8 spaces per 1000 square feet of building. The building will be started in the spring, 2002, and continues to be a 90,000 square foot, 3 story steel structure with pre-cast and glass curtain-wall construction. The original parking configuration was ten feet wide, with 583 spaces at 6.49 spaces per 1000 square feet of building. 1600 Utica Avenue South Atlanta Dallas Orlando Suite 250 Chicago Indianapolis Raleigh Eagan Preseni~lAlig~i6~l9~5416 Cincinnati Minneapolis St. Louis February 26, 2006 952.543.29D0 Cleveland Nashville Tampa www.dukerealty.com ~ Columbus Agenda Information Memo Mazch 19, 2002 B. PROJECT 790R. CENTRAL PARKWAY STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the amended Project 790R (Central Pazkway- Street and Utility Improvements) and authorize the prepazation of detailed final plans and. specifications for the remaining portion of the Central Pazkway improvements. FACTS: • On January 16, 2001, the City Council approved Project 790R, Central Pazkway -Street and Utility Improvements, providing for the construction of Central Pazkway from Pilot Knob Road to Yankee Doodle Road. At that meeting, the City Council also approved the acquisition ofright-of--way and easements for the project. • On April 17, 2001, the City Council approved plans and specifications for Contract 01-04 providing for the proposed Central Parkway improvements, as presented in the feasibility report for Project 790R, and the grading of the Community Center site. • On June 28, 2001, the Council received the bids for Contract 01-04. Due to the unavailability of Rights of Entry or Right-of--Way for the entire project, on August 7, the City Council awarded Alternate Bid #2 under Contract 01-04 providing for the construction of the northern segment of Central Pazkway from Pilot Knob Road to the Community Center Access Driveway. • Minnesota State Statutes require that a public improvement be bid and a contract awazded within one yeaz of the City Council approval. The Council approval of Project 790R expired on January 16,2002. • In December 2001, the City of Eagan completed the acquisition of necessary right-of--way from Joe Miller Farms Inc. and Lockheed Martin Corp. for the remaining Central Pazkway alignment. Part of this acquisition settlement modified the scope of the project and revised the assessment obligations of Lockheed Martin. The City may now move forwazd with the public improvement process for the remainder of Central Pazkway. • Due to the revisions of the project scope and assessments, in addition to the elapsed time schedule, it was necessary to amend the feasibility report to address changes to the project scope, schedule, cost estimates and associated special assessments. • On February 19, 2002, the amended feasibility report for Project 790R was presented to the City Council and a Public Heazing was scheduled for Mazch 19 to formally present and discuss the updated report with the adjacent property owners. • An informational neighborhood meeting was held on Mazch 13 in the Council chambers for the adjacent property owners. 5 persons representing 3 properties attended this meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public heazing. ATTACHMENTS: / ~ • Feasibility Report, pages ~ through T • Neighborhood Meeting Minutes, pages through ~~. 66 Situation requiring variance: The originally approved parking configuration met the City requirements for size and number of spaces per square feet of building. Therefore this request is not attempting to "squeeze" more into a smaller area. It is trying to meet the users new standards. The variance request contemplates changing the parking stall size to 9 feet wide resulting in 664 spaces at 7.37 sp./1000, short of the required 8/1000 by 56 spaces. In addition to reducing the stall size, one of the driveway entrances on to Central Parkway and its drive lane has been deleted and the other driveway moved. Quarry Lane will be constructed in 2002; the driveway on that side of the parking lot will be opened for full use now as part of this construction. The plan as previously approved exceeded the green space requirements. This parking stall variance proposal does not significantly alter the green space on the plan. The City green space requirements continue to be met. During discussions and approval with the Park and Recreation Department Duke and Argosy desire and continue to be good neighbors. For special Park events and Holiday use Argosy agreed to allow the City Park to use their parking lot for these events as defined in the Developers Agreement. As part of this proposal Argosy is requesting a reciprocating over flow parking agreement to accommodate their standard 8/1000 spaces by 56 stalls. Winter maintenance considerations are being examined by Argosy. But, at this time it is somewhat early in the process for detail snow removal/storage plans. All considerations will be reviewed at the building maintenance phase of program development. Variance hardship: The development and platting of this project is considerably restricted by several circumstances which contribute to the hardship to the parking variance. The site on the North side is obviously restricted to further development by the public use of Central Community Park and the dedication of two times the require land mass for park and trail dedication. In addition, we are building a storm pond on the dedicated land for the Park's use. The configuration of Central Parkway has caused the narrowing of the site. The alignment of Quany Lane with existing driveways on the Lockheed parcel has restricted contiguous expansion of the parcel, together these stop expansion and use to the east and south. Finally, topography considerations and land ownership issues to the west greatly restrict any expansion of the parking lot to allow for more stalls. Eagan Preserve development/variance data Lot area per final plat: Lot 1,SLo~-k-1 8.386 ac Lot 1, 'BWc~-2 3.587 ac Out lot A 4.413 ac L1, Bi (ArQOSV): Building area: Building Coverage (max 20%) Green space (min 25%) ' Parking spaces provided with variance: (10'x19' stall size) With variance: parking spaces provide (9'x19' stall size) 365,289 SF (future development) 156,249 SF (Argosy) 192,214 SF (park dedication land) 90,000 SF C~g,~o sF -(vo-fpr~nt~ '~° g% 25.6% 583 spaces at 6.49 sp/1000 s.f. 664 spaces at 7.37 sp/1000 s.f. Eagan Preserve/Argosy Group ` February 26, 2006 1V~ ~ity of pagan AMENDED FEASIBILITY STUDY AND REPORT FOR CENTRAL PARKWAY CITY PROJECT N0.790R EAGAN, MINNESOTA MARCH 2002 REVIEWED BY: City of Eagan Department o~ Public Works City of Finance 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 Minnesota. ~' am s R. Dvorak ate: 3 ~y O 2- Lic. No. 17803 SRF No. 0003840 CONSULTING GROUP, INC. One Carlson Parkway, Suite 150, Minneapolis, MN 55447-4443 • (612) 475-0010 67 CONSULTING GROUP, INC. Transportation • Civil • Structural • Environmental • Planning • Traffic • Landscape Architecture ^ Parking SRF No. 0003840 Mazch 14, 2002 Honorable Mayor and City Council CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor and Members of the Council: SUBJECT: CENTRAL PARKWAY PROPOSED STREET AND UTILITY IMPROVEMENTS CITY OF EAGAN PROJECT NO. 79OR Enclosed, please find the Amended Feasibility Study Report for Street and Utility Improvements for Central Pazkway. The project proposed herein is consistent with the City's Comprehensive Plans, and is feasible from an engineering standpoint. We would be pleased to meet with the City Council, staff and other interested parties to review any aspect of this report. Sincerely, SRF CONSULTING GROUP, INC. c Matthew D. Hansen P.~ Senior Associate /~~NLC/J ~- es R. Dvorak, P.E. V ce President MDH/JRD/bls Enclosure 68 One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Telephone (763) 475-0010 ^ Fax (763) 475-2429 ^ http://www.srfconsulting.com An Equal Opportunity Employer CENTRAL PARKWAY STREET AND UTILITY IMPROVEMENTS EAGAN, MINNESOTA CITY PROJECT NO. 790R TABLE OF CONTENTS Letter of Transmittal Table of Contents Pam I. Introduction 1 II. Summary and Recommendations 2 III. Project Description 3 A. Street Improvements 3 B. Storm Sewer Improvements 6 C. Sanitary Sewer and Water Main Improvements 8 IV. Right-of--Way and Easements 9 V. Permits 10 VI. Estimated Costs 11 Table 2 -Estimated Costs 11 VII. Affected Properties 12 VIII. Assessments 13 IX. Revenue Sources 14 X. Project Schedule 15 APPENDIX ^ Preliminary Engineers Cost Estimate ^ Assessment Summary and Calculations ^ Figure 1 -Project Location Map ^ Figure 1 a -Project Area Map ^ Figure 2 -Proposed Street and Storm Sewer Improvements ^ Figure 3 -Proposed Typical Street Section ^ Figure 4 -Deleted ^ Figure 4a -Deleted ^ Figure 5 -Proposed Water Main and Sanitary Sewer Improvements ^ Figure 6 -Assessment Parcel Map ^ Traffic Study Report 69 I. INTRODUCTION An Amended Feasibility Study has been authorized by the Eagan. City Council to further consider proposed roadway and utility improvements. The study area is located north of Yankee Doodle Road and west of Interstate 35E and includes the construction of Central Pazkway from Yankee Doodle Road to Pilot Knob Road (see Figures 1 and 1 a). The street and utility improvements for Central Parkway from the Community Center entrance to Pilot Knob Road are currently be constructed under City Contract No. 01-04 in accordance with the Feasibility Report for Project 790R approved by the City Council after the close of the public hearing held on January 16, 2001. The improvements presented in this Amended Feasibility Report are necessary to accommodate the proposed development of the Eagan Community Center, Joe Miller Farms, Inc., property and the Perron property. These improvements are consistent with recommendations to complete Central Pazkway as described in the Feasibility Study and Report for Central Parkway prepared for the City by SRF Consulting Group, Inc. in December of 2000. This report identifies the construction of streets, storm sewer, sanitary sewer and water main necessary to serve the proposed community center and development while maintaining safety, mobility, and adequate access to adjacent properties. This report also updates the estimated construction costs as well as potential assessments to adjacent properties. ~o II. SUMMARY AND RECOMMENDATIONS City Project No. 790R as outlined herein is feasible from an engineering standpoint. The detailed roadway, storm sewer, sanitary sewer and water main improvements are consistent with the recommendations outlined in the previously completed Feasibility Study and Report for Central Pazkway. The improvements also follow recommendations contained in the Traffic Study Report prepared for the project area (included in Appendix). The improvements are consistent with the City's Comprehensive Guide Plan and Utility Plans. The amended estimated cost of City Project No. 790R is $3,999,375 (see Preliminazy Engineers Cost Estimate in the Appendix). The following recommendations aze presented for the Council's consideration: ^ It is recommended that the City of Eagan proceed with the construction of Central Pazkway, as it is necessary and cost-effective for the completion of the important link in the previously identified Ring Road. ^ It is recommended that the City Council receive the Amended Feasibility Study and schedule a public hearing for the revised project to consider proceeding with the remainder of the Central Parkway improvements, as the entire project is necessazy to provide street and utility service to the adjacent developments, and complete Central Pazkway between Pilot Knob Road and Yankee Doodle Road. ^ It is recommended that the City of Eagan review this report with Dakota County to discuss possible funding participation and initiate the permit process. ~r III. PROJECT DESCRIPTION A. STREET IMPROVEMENTS The City of Eagan is currently constructing acommunity- center on a 60-acre site west of Pilot Knob Road and north of Lockheed-Martin. Duke Realty Corporation (Joe Miller Farms, Inc., property) has prepared a business park development plan north of Yankee Doodle Road and west of Lockheed Martin. Previous studies have been prepared to analyze how to best provide municipal service to this area. In addition to the original Feasibility Study and Report for Project 790R, a traffic planning study (Yankee Doodle Corridor/Ring Road Improvements, 1994) described improvements to the Yankee Doodle/Pilot Knob area of Eagan including the addition of collector streets to serve as relievers to Pilot Knob Road and Yankee Doodle Road. The current Central Parkway Traffic Study Report (see Appendix) identifies roadway improvements necessary to serve the development and to complete an important link in the ring road concept. These recommended improvements include the construction of Central Parkway and a portion of future Northwood Parkway, as well as a traffic signal at the Pilot Knob Road and Central Parkway/Northwood Parkway intersection (currently High Site Drive). 1. Central Parkwav Central Parkway is the proposed segment of the ring road concept northwest of Pilot Knob Road and Yankee Doodle Road. Currently, the east-west leg of Central Parkway is substantially complete and is scheduled for final completion in June 2002. There is also atwo-lane access road along the west boundary of the Lockheed Martin property (Lot 1, Block 1, UNISYS PARK 2ND ADDITION). The existing north-south access road is a rural design bituminous roadway approximately 25 feet wide. Under City Project No. 790R, it is proposed to completely construct Central Parkway along the same general alignment as the original access road (see Figure 2). Contract 01-04 has substantially constructed the east-west leg of Central Parkway. Central Parkway is proposed to be a divided 58-foot wide, 10-ton bituminous roadway with concrete curb and gutter and a raised median with a 10-foot bituminous trail on the west and north sides only (see Figure 3). Turn lanes will be provided at major intersections as recommended in the Traffic Study Report for Central Parkway (see Appendix). 3 /~ The proposed alignment will be centered within a 115-foot to 140-foot right-of--way corridor, and has been located to minimize impacts to the adjacent pazcels. The side slopes of the proposed roadway are typically constructed at a 1 (V):3 (H) maximum slope, but may be as steep as 1:2 with landscaped retaining walls, to minimize impacts to adjacent wetland and tree areas. In conjunction with the roadway construction, it will be necessary to re-align and reconstruct portions of existing Lockheed Martin driveways to maintain proper access (see Figure 2). Full access (allowing both right and left turns in and out of a property) is proposed at all Lockheed Martin driveway locations that will be impacted, except for the driveway neazest Pilot Knob Road. The proximity of this driveway to Pilot Knob Road (County Road 31) will not safely permit full access of this location. In order to provide a safe and acceptable level of service (LOS) in future traffic operations, the installation of a traffic signal at the Central Parkway and Pilot Knob Road intersection is recommended in the traffic study report (see Appendix). This signal is proposed to be constructed in the future when signal warrants are met and Dakota County concurs with its construction. To supplement parking requirements at the Community Center, the City may enter into cross-pazking agreements with Lockheed-Martin to allow public pazking on the Lockheed-Martin property during certain City events. The option of constructing a pedestrian underpass to convey pedestrians from the Lockheed-Martin parking area to the Community Center site under Central Pazkway was looked at, and due to a conflict with an existing sanitary sewer, the cost of the pedestrian underpass was deemed prohibitive. The estimated cost for the Central Parkway street improvements, including the cost to modify the existing traffic signal at Yankee Doodle Road is $2,592,080. Central Pazkway right-of--way and related acquisition costs are approximately $40,000. 2. Northwood Parkwav Under City Project No. 790R, Northwood Parkway is proposed to be constructed from Pilot Knob Road easterly to the proposed intersection with High Site Drive (see Figure 2). Future construction as discussed in the previously described traffic study (Yankee Doodle Corridor/Ring Road Traffic Study, 1994) will extend Northwood Parkway via a proposed bridge over Interstate 35E. Northwood Parkway will be a 40-foot wide, 10-ton roadway with concrete curb and gutter and 10-foot bituminous trails on both sides of the roadway (see Figure 3). As previously discussed, a traffic signal for the Pilot Knob Road and Central Pazkway/Northwood Pazkway intersection is not included in Project 790R, but is proposed in the future when traffic warrants aze met and Dakota County concurs with the signal construction. The alignment will be centered within a 100-foot to 105-foot right-of--way corridor to be dedicated as part of the Glen Ponds -Phase II Development. The proposed alignment is located to minimize the impacts on the adjacent wetland at Pilot Knob Road and to coincide with the future alignment of the Northwood Parkway Bridge across Interstate 35E. High Site Drive is proposed to be realigned to intersect Northwood Parkway approximately 300 feet east of Pilot Knob Road to provide adequate room for turn lanes on Northwood Parkway and to reduce the intersection skew. Also, it will be necessary to realign and reconstruct the underground pazking driveway for the existing Glen Pond Apartment complex (see Figure 2). The estimated cost for the Northwood Parkway street improvements, including grading is $268,910. ~~ B. STORM SEWER IMPROVEMENTS Construction of an urban roadway with curb and gutter requires that the drainage of the roadway and surrounding area be accommodated. Therefore, storm sewer systems are proposed to be included in City Project No. 790R (see Figure 2). 1. Central Parkway (City Proiect No. 790 The proposed Central Parkway roadway lies almost entirely within drainage Subdistrict C-18, as outlined in the Eagan Stormwater Management Plan (1990). The existing storm sewer system for this drainage area discharges into Pond CP-4 within the City Community Center site. The Lockheed- Martin property also drains directly into Pond CP-4. There is not an outlet for Pond CP-4. Currently, a stormwater pump station is under construction that will provide an outlet from Pond CP-4 and discharge stormwater to Pond CP-3 (along the west edge of the Community Center site). This follows the recommendations for stormwater District C in the Eagan Stormwater Management Plan (1990). The improvements under City Project No. 790R include a storm sewer system to accommodate storm runoff from the Central Parkway improvements. Runoff will be directed into the portion of storm sewer system currently being constructed for the east-west leg of Central Parkway under Contract 01-04. The estimated cost of the Central Parkway lateral storm sewer system proposed under this project is $729,530. The cost for the trunk storm water lift station and force main from Pond CP-4 to Pond CP-3 is $186,120. 2. Northwood Parkway The proposed Northwood Parkway project area lies almost entirely within Drainage Subdistrict C-19, as outlined in the Eagan Stormwater Management Plan (1990). Local drainage is directed into Pond CP-5 that discharges into Pond CP-4. 6 ~ ~~ The proposed improvements to Northwood Parkway require that additional storm sewer be provided to convey water from the street and the adjacent drainage area directly into Pond CP-5. The estimated cost of the Northwood Parkway storm sewer system proposed under this project is $52,235. ~6 C. SANITARY SEWER AND WATER MAIN IMPROVEMENTS Sanitary sewer and water mains are currently in place near the project area (see Figure 5). A 15-inch trunk sanitary sewer exists along the north boundary of Lockheed-Martin. A 12-inch line serves areas to the north including the Community Center site and connects with the 15-inch trunk sanitary sewer within the Joe Miller Farms, Inc. property. Water main is available to the Community Center site via an 8-inch line that extends through the Community Center property. A 10-inch water main extends through the Lockheed-Martin site east of the proposed Central Parkway. Under City Project No. 790R, it is proposed to extend water main service to the Perron property and to the development proposed by Duke Realty Corporation (Joe Miller Farms, Inc. property). It is proposed to connect into the existing 10-inch water main located on the Lockheed-Martin property and to extend 8-inch water main west and north within Central Parkway to connect to the existing 8-inch water main located at the Community Center entrance. An 8-inch water main is also proposed to be extended south in Central Parkway to serve the new parcel in the northwest corner of Yankee Doodle Road and Central Parkway (Joe Miller Farms, Inc.), and along the future roadway to the Perron property. Hydrants will be provided as required by City Standards (see Figure 5). The estimated cost for water main proposed under City Project No. 790R is $130,500. IV. RIGHT-OF-WAY AND EASEMENTS Permanent right-of--way, permanent drainage and utility easements and temporary construction easements have been purchased from properties along the proposed Central Parkway. The approximate areas of these acquisitions are summarized in Table 1 and shown in Figure 6. TABLE 1 Estimated Right-of--Way and Easements City Project No. 790R Central Parkway PARCEL~I~ PERMANENT RIGHT-OF-WAY AREA (ft2) DRAINAGE AND UTILITY EASEMENT AREA (ftz) TEMPORARY EASEMENT AREA (ft2) E - 0 - 6,500 19,500 F 139,300 1,000 42,500 G 101,500 2,100 62,100 ~~~ Parcel Designations correspond to those shown on Figure 6, Assessment Parcel Map. 7~ V. PERMITS A permit from the Metropolitan Council Environmental Services (MCES) is required for the sanitary sewer construction, and a permit from the Minnesota Department of Health (MDH) is required for the water main construction. A permit from the Dakota County Highway Department is also required for the construction activities within Pilot Knob Road (County Road 31) and for the modification of the traffic signal at Yankee Doodle Road (County Road 28). ~q VI. ESTIMATED COSTS The estimated cost of City Project No. 790R is summarized in Table 2. The total project cost is based on a construction cost estimate including an additiona140 percent for legal, administrative, engineering design and inspection, contract administration and capitalized interest. A detailed estimate of construction costs is included in the Appendix. TABLE 2 Estimated Costs City Project No. 790R Central Parkway and Northwood Parkway IMPROVEMENT COST CENTRAL PARKWAY NORTHWOOD PARKWAY Streets $2,527,400 $268,910 Traffic Signal $ 64,680 -0- Lateral Storm Sewer $ 729,530 $ 52,235 Water Main $ 130,500 -0- Storm Sewer Lift Station $ 186,120 -0- Right-of-Way/Easements $ 40,000 -0- SUBTOTAL $3,678,230 $321,145 TOTAL PROJECT COST $3,999,375 VII. AFFECTED PROPERTIES The properties in the area that are affected by the proposed improvements and require notification of the public hearing are listed as follows (see Figure 6 for parcel identification). PARCEL PROPERTY IDENTIFICATION DESCRIPTION E 10-00900-010-79 Unplatted (Perron Property) F 10-79951-021-01 Lot 2, Block 1, Unisys Park 2nd Addition G 10-79951-010-01 Lot 1, Block 1, Unisys Park 2nd Addition H~'~ 1 0-23 1 00-02 1-0 1 Lot 2, Block 1, Effress Addition I~'~ 10-23100-020-02 Lot 2, Block 2, Effress Addition J~'~ 10-23100-010-02 Lot I, Block 2, Effress Addition K~'~ 10-23100-011-02 Lot 1, Block 2 Effress Addition L~'~ 10-23100-030-03 Lot 3, Block 3 Effress Addition M~2~ 10-799 1-022-01 Lot 2, Block 1 Unisys Park 2nd Addition N~2~ 10-799 1-023-O1 Lot 2, Block 1 Unisys Park 2nd Addition 0~3~ 10-79950-020-01 Lot 2, Block 1 Unisys Park P~z~ 10-799 1-024-01 Lot 2, Block 1 Unisys Park 2nd Addition T~4~ 10-79950-030-01 Lot 3, Block 1, Unisys Park ~'~ These properties are to be re-platted under the Effress 2nd Addition plat. (2) City Property. ~3~ Unisys Property located at 3199 Pilot Knob Road, Eagan, Minnesota. (4) Northwest Airlines Property located at 1500 Tower Drive, Eagan, Minnesota. P/ VIII. ASSESS1v1ENTS A. Assessment Summary The cost of City Project No. 790R is proposed to be assessed to the benefiting properties on a front- foot basis. Costs for street and lateral storm sewer improvements along the Joe Miller Farms' property will be computed on a frontage basis and assessed to Joe Miller Farms and Perron at a rate based on parcel area. Water utility improvements will be assessed 100 percent to only the benefiting properties [For details, see the assessment computations in the Appendix.] No street improvements will be assessed to the Lockheed-Martin property as a result of a previous agreement between the City of Eagan and Lockheed-Martin. B. Assessment Financing Options At the time of the Assessment Hearing, property owners will have the option of paying any portion of the assessment following the Assessment Hearing or, including the assessment as part of their property tax statement. If the assessment is included in the property tax statement, the assessment will be spread over a 15-year period at an interest rate determined by the bond sale financing this improvement. ~~ IX. REVENUE SOURCES Revenue to cover the costs of City Project No. 790R is estimated as follows: PROJECT COST ASSESSMENT REVENUE CITY CONTRIBUTION COUNTY CONTRIBUTION CENTRAL PARKWAY A. Streets/Right-of-Way/Easements $2.836.310 $ 716,552 $2,119,758 -0- B. Traffic Signal (Yankee Doodle Rd.) $ 64,680 -0- $ 32,340 $ 32,340 C. Storm Sewer $ 781,765 $ 197,514 $ 584,251 -0- D. Water Main $ 130,500 $ 55,743 $ 74,757 -0- E. Storm Sewer Lift Station $ 186,120 $ 516,535 -0- -0- Total $3,999,375 $1,486,344 $2,811,106 $ 32,340 Note: Refer to the Assessment Calculations and Assessment Summary in the Appendix for specific assessment revenue. $'3 X. PROJECT SCHEDULE The proposed schedule for City Project No. 790R is as follows: Public Hearing/Approve Project 790R January 16, 2001 Open Bids June 28, 2001 Award Contract (East-West Segment) August 7, 2001 Begin Street/Building Construction (East-West Segment) August 20, 2001 Substantial Street Completion (East-West Segment) December 31, 2001 Present Draft Amended Report/Order -Public Hearing February 19, 2002 Public Hearing March 19, 2002 Approve Plans/Specifications March 19, 2002 State-Aid Approval March 29, 2002 Advertise for Bids March 21, 2002 Open Bids April 11, 2002 Award Contract April 16, 2002 Begin Construction May 6, 2002 Construction Complete November 1, 2002 Final Assessment Hearing Spring 2003 First Payment Due with Property Tax Statement May 15, 2004 ~~ APPENDIX • Preliminary Engineers Cost Estimate ^ Assessment Summary and Calculations ^ Figure 1 -Project Location Map ^ Figure I a -Project Area Map ^ Figure 2 -Proposed Street and Storm Sewer Improvements ^ Figure 3 -Proposed Typical Street Sections ^ Figure 4 -Deleted ^ Figure 4a -Deleted ^ Figure 5 -Proposed Water Main and Sanitary Sewer Improvements ^ Figure 6 -Assessment Parcel Map ^ Traffic Study Report ~S °oa ~~ wW a~ o~ 47 ~ `~ rn .E N N LLl O Z t0 O ~ 3 U N Y N a~ d a ~, c m ~ ~ ~ ~ ~ a~i W W U >. o ~ c '~ E U y a N G w X - S $ ~~¢i Fm =Y~ W m N u¢i i~~0 88 88 88 8 8 8 88 8 8 8 8m 8° °R ° 88 8: 8 S8 8 8 88 88 SS SS 88 S 8 ~ N 88 88 8 N~ 8° R °8 8^^„ e~x > 58 ~~°. 8n a°o8 S 8 8 ' ou m~ ~~ oR no : n'°RI o N ~ H°_ ~o` °8'~ ^.~ ^. 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'` ~ ` `'' s 4,x• ~ 9~'PG a a` > ~ dIA -~K °~ 4UN C LaA:1 G~. ftK E• Kur{ay o ~ ~ Gt ~ BCIIEBRL DR.~ v r;n 'Yi' ~ RIOGf ci• 35E 31 ~ ~ ~Kt-p~' 0 N V,P ~ L.aka o = p4'~ `„SOH N ,; 42. RED ROBIN LA. 0~P ~ ~ ~ LAKE ~ '^'i ORES 7P• WESCOTT 4I ~ u INGO ~ ~ ~ q3. GREY DOVE 0R. V 41• p~ H C Rp, ; CITY OF EAGAN FIGURE C.P. NO. 790R CENTRAL PARKWAY ~ Consulting Gmup, Inc PROJECT LOCATION MAP JoD •(~:?aJSya Ilse: a3?7iRl ~ 2:75: 62 /~ ~~ ~ ~ ~~ /i ~ ~~ i ~~ - - / /% /~~ /! //ti`\ / - ~ ` II /^J ~ 7/- I ~ ~~,~ ( ' ; \ ~~)~ ~ 1( ~ 11 ~ 1 ~ `\ ~ ~ ~ ~i ~ y1 \\ /te ~~+1 ~y ~~~\~ ~ \ \I I a ~ ' ! ~ i ~~ ~~ ~ ~ 1 ~~ 11 11 L} ~ ~~ it 11 I I 1 \ \ ~~ ~QL• `~~'1~ )~pQ~~, F ~Q ~~ ~~ 1~ ~~ ~J O~ 4 ~P Q~ QP QP 2~ ~~ ~ i=~i ~ ~ \ ,1 I i ~~J i~ -T~ 0 oa Pp Q4. O ~ _\ I 1 \` i. ~! ~ ~ II II 'l~? ,~~ ~pP ~~ I I r----~1 I I J ~JL_ X11 ' _ ij ~ \~ / ~--ter- -_ -- ~\~~/ / 1\ ~ v ~ ~ 1 ~ tiS ~ ~ ~~~ ~ ~ U ~) `~ ~~~\ I ~ ' `~\ ~ y~~ ~~;,~ ~ ~ ~` ~l i :~~ '/ = ~, •: •/ . ,~. .~ f - ^i~~J'I Y ~I y i ~ ; ~ -~-~ . ~I'w I I L .~ II ~;~ r ~I- ---'--JI ~ -o-- u ~ - _~1 / ,/ ~ ~~ _ lJl ~a ~~ 11 ~ i 11 ,ci 1 1~~ ~ II ~~_ 1 ~~ ~~~~ II I ~! ~ ~~~~ 1 1 ~\\`V~ _~ I~ _ANKEE DOODLE RD. -- V ~_ I U If - -~^~ {~1 O V t~ mil' I ^:~ i % ~~ 'K t ) n I - -- OQ - ~ I I .I (~ o i I ~~~~ ~ I I ~~~.,L~i _ --- - a e --- --/ I ~ j'I -1 ~ I ~~ ~~ I` y III 0 ~~~ it lil N~ 500' con.~~ cep, tK. JJG '0.7°a3?~+ fl/e 4394GR9 CITY OF EAGAN C.P. NO. 790R CENTRAL PARKWAY PROJECT AREA MAP FIGURE 1A 2.' /5/C2 O~ 2. ~ j N a U N H Z cW G W a ~~~ ~~~ V' J ~ ( 1 W Q ~ ~o~~ ~~~ ~ LL Q Q z g~ O °' `~ y U u Z Z W Q U F W W W N g 0 a 0 W O 0 0 W W Y 2 4 T b PROP f PROPOSED ROADWAY TYPICAL SECTION PROPOSED CENTRAL PARKWAY PROP PROP PROP R/w f PROPOSED ROADWAY R/w I 60' 1 50' I ~ 4' 10' IS' 6' 14' !0' ' l4' 12' l4' 11' ~~ TRAIL BLVD NL TNRU MEDIAN LT. TURN TNRU RT. TURN BLVD ~ ~ ~ 2.0% 8618 C6G q,0% ~ 4.0% O% 2.0% 2.0% 2.0% 4.0% r 8618 C&G ~ ~ 8618 C8G ; TYPICALE SELLCTION PROPOW~DhC~URNALANESKWAY PROP PROP R/N f PROPOSED ROADWAY R/N 50' S0' S' 10' IS' 14' 6' 6' 14 IS' 10' S' TRAIL BLVD TNRU TURN LANE TNRU BLVO TRAIL 2.OY. 4.0% 2.0% 2.0% 4.0% 2.0% 8618 CLG TYPICAL SECTION PR OSED NORTHW000 PARKWAY 8618 CLC CITY OF EAGAN FIGURE C.P. NO. 790R CENTRAL PARKWAY 3 con.ulthas Coup, Inc. TYPICAL STREET SECTIONS Joo 'a02a39+ /IIe: a397GA3 2~i5%02 a W GC U N ~ •, N H Z CW G W O a 3W Q W 0 ~ ~ ~ ~ ~ Q ~ a d z O Z J aQ„ u ~ dS U Z Z W U W Q 3 0 W oN 1 OC a .~ F y3 ~ ~ u LL 0 \\ ,~ z ~, \\\V\ N ~- Q ~: ~, ~~:~_ ,~~ ~1 J ti, "61 '~ ~•M'y~\\ o r'' by jy~- ~ N O J ` O 4 ~ (V O b~1~ ~f~ ~~r ,> o ~. ~ 3 a v °D o 'r ,< ril l ~ r 4~rb ~ _ `' o~~y ~ aW . I W "~, Z ~ ~ppt, ;z.`==, i of w ~ ~~ ~i O o W O V ~ I ~ I W W ~ I Y Z a r I-~i~ .I _~~,,..~~ .~ O O M db W° ~ ~~ 0 O a W ~o~a Q Z J Z a ~ w u ~ ~ U w N U ~ t~ 5 CITY PROJECT NO 790R INFORMATIONAL NEIGHBORHOOD MEETING CENTRAL PARKWAY WEDNESDAY, MARCH 13, 2002, 3:30 P.M. Attendance: Russ Matthys, City Engineer; Matt Hansen, SRF Consulting Group, Inc. A. Welcome and Introduction • City Engineer Matthys welcomed the property representative and introduced Consultant Hansen. B. Presentation of Project Details • Consultant Hansen provided a project presentation, including details such as construction update, proposed future construction, updated cost estimates, revised schedule and assessments. C. Questions/Comments 1. Is there a sanitary sewer lift station included in this project? No, only a storm sewer lift station. 2. Is there any storm sewer proposed to be installed in Quarry Lane to serve Perron Property? No. Due to the lower elevation of the Perron parcel and its proximity to Pond CP-3, it is desirable to have gravity storm sewer on site as part of the development of the Perron property rather than gravity flow to Central Park lift station where it would be pumped to Pond CP-3. 3. What is the schedule for the upgrade of Yankee Doodle Road? The City currently has it scheduled for 2004; the County has it scheduled for 2005. We are currently updating our CIP for 2003-2007. Due to Blue Cross Blue Shields plans to greatly expand their campus, the City will encourage the County to bump up their schedule for the Yankee Doodle upgrade. Upgrade will include median and 6-lanes. 4. Will there be any future assessments for new traffic signal @ Yankee Doodle/ Central Parkway with proposed 6-lane upgrade of Yankee Doodle? City's assessment practice has generally not included special assessments for traffic signal improvements, unless requested as part of a development agreement. The cost of the signal improvements will be split between the City and the County. 5. What is the status of a traffic signal @ Pilot Knob/Central Parkway? County Highway Department will be monitoring intersection for warrants or criteria to justify installation of traffic signal. Unlikely that installation would occur prior to 2003. Construction of Northwood Parkway overpass of Interstate 35-E would significantly improve the likelihood of signal being installed. 9s 6. Lockheed Martin is concerned about the impact to access for its employees during the construction of the improvements. Staff and the consultant will monitor the accessibility to Lockheed Martin's facility throughout the construction. The contract specifications will include specific language regarding the accessibility to Lockheed Martin. Notification of Lockheed Martin of any upcoming access changes will occur throughout construction. 7. Where are the July 4`h activities scheduled to be held? It is not clear at this time. Lockheed Martin is not interested in locating the carnival on their property. G:RM/'02/MISC/Minutes/Proj 7908, Central Parkway 3-13-02 96 NEIGHBORHOOD MEETING CENTRAL PARKWAY PROJECT 790R WEDNESDAY, MARCH 13, 2002 - 3:30 P.M NA E ~ } 1. ' ~ ~ ~1 2. l/~~~ r!,c~b r,~.~S 3. ~~ ~ ~~' ~. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G: FORMS/SIGN-IN.Sheet ADDRESS ~~~a-rv ~~~ ~~z-~~N -~+ZOPEIzi '4 9~ Agenda Information Memo Mazch 19, 2002 Eagan City Council Meeting A. PATRIOTS PLAZA PROJECT ELEMENTS ACTION TO BE CONSIDERED: Approve project elements to the Patriots Plaza located at Central Park, 1501 Central Parkway. FACTS: • Council has previously discussed this item, asking that it reflect the significance of those who locally provide public service; police, firefighters, veterans, etc. • The proposed 1-acre plaza would be located off a trail that runs south of the Community Center and north of the large retaining wall along Central Parkway. • The site is designed so it will avoid encroachment onto the wetland or wooded azea to the east. • The committee working on this project is asking for the grading of the site and to provide necessary electrical and water stubs that will be needed to support the site. At this time, there is insufficient information as to what the requirements would be, therefore there is no cost estimate for these requests. • Council expressed a desire for the Advisory Pazks Commission to review a schematic design of this project. This item appeazs on the APrC meeting agenda for March 18~', 2002. ATTACHMENTS: • Schematic design, page ~ / O'~ • Supplemental information, handed out to Council at meeting. 9~ ~~_ i ~ _ _ \ ___ ,, ., C1/ _ ~ _. /" ~ _~ ~' / U5j ~~ ~ ~- . / ~ ,r/y{Sj 1 ~ ~ i ` > - / ~ -' J ~ ~ _~- C ~ ~ _______ _ -_ ~8 ~ ~ ~ ,~ ,1 / I - ~"uss , ~., 9 b ,R ` ~ ` ~~ 1 1 / ~ ,a ~. ~ ~ ~ 1 ~i .-~ ~ l ~~ 1 1 1 ; ~ ~ ~ ~~ i ~ / ; ~ D ~ i ~~ ~ ~ / 9- ~_, ~ ~ s ~ ~ / ~ / ~ ~ y~ ~ ,' :, i _.v ----- -- 1\ ~ ~ _ ~ ~ / ... //) / / r // /_a / \ .. p~ ~S t~ /"'~ i ~,~: ~/ ~ ' ~ ~- / ~ ~~ / ~ / ~ ~~ , ~ ~ ~ of \~_~ ~ ~ ~ /i ~ ~/ [-~+ w Q; z ~ W w o G~ z~ N ,°o o _ ~a ~ ~ ~„~ a ~ H ~ a A z 8zH x o w ~5z ~~° u H ~ `j ~ O . 0 W ~ ~ rl~.y'' r/1 V~l M V~~I N ~ W ~ O O w ~ O /'~ ~ ~C~77, W W A w V WA w o ~ ~ yy ~ p ~ ~~ a ,, U1 ° O V1° O Q; ~ y ~V ~ a w ~ ~1 ~(' r 1 ~' iT.Vt C" L_ _ ' _I 'Ur r7 u .:5 z ~~ z o o . ~ ~ ~ 119 W ' ~ ~ ~: ~ m ~~ .s a53 t 4V' _rt 'w Vil J' ~t~~` •{ ~~•F~ -~ _ r^ V1 Agenda Information Memo March 19, 2002 Eagan City Council Meeting B. WESCOTT SQUARE -CONSIDER WESCOTT SQUARE PROPOSAL RESPONSES ACTION TO BE CONSIDERED: To select a developer for Wescott Square and direct staff to enter into a preliminary redevelopment agreeement. FACTS: • At its meeting on December 11, 2001, the City Council directed staff to enter into a preliminary development agreement with CommonBond Communities for the purpose of redeveloping the 120-unit Wescott Square multi-family neighborhood. • During the meeting, Wescott property owners asked for an opportunity to present a plan to the City Council for consideration. Discussions with CommonBond following the meeting indicated their concern that the process could be more difficult if the possibility existed for all of the current owners to work cooperatively toward resolving the many issues in the neighborhood. • The City developed a competitive proposal process to determine the wherewithal of the existing owners and CommonBond to perform necessary rehabilitation and continue delivery of neighborhood service programs, while limiting the City's on- going financial commitment. • CommonBond Communities submitted a proposal for consideration. • The existing owners of the Wescott Square properties met on several occasions, but no cooperative proposal was submitted. However, two of the existing property owners, Jeff Johnson and John Sowards, have submitted a proposal as the to-be-formed JS Partnership. • The City asked its financial consultant, Springsted, to perform a comparative analysis of the proposals to assist the City in identifying a party that meets the objectives stated in the Request for Qualifications/Proposal. The RFQ/P and the Springsted report are attached. • As noted in the report, the ability to determine financial feasibility of any proposal is difficult at this early stage. CommonBond has not prepared apro-forma for the project because they do not have much of the necessary information as yet, however they clearly have a demonstrated history of securing substantial outside financing for large projects. JS Partnership has more detailed financial projections due to their operating history and familiarity with the project area, however it is uncertain of the level to which the newly formed Partnership will be able to secure the many financing sources included in its preliminary budget. /o/ • The City Council appointed Council Member Bakken to serve as the sub- committee on this issue. Council Member Bakken has also reviewed the proposals and can provide his own perspectives beyond those included in the report. • The purpose of the preliminary redevelopment agreement is to provide tentative developer status until such time as the details for project financing are resolved. ATTACHMENTS: • Request for Qualifications/Proposal on pages through ~~ • Springsted analysis is attached on pages through _. • Proposals are attached without page number. /o~ city of eac~an WESCOTT SQUARE PATRICIA E. AWADA REDEVELOPMENT Mayor Request for Qualifications/Proposal PAUL BAKKEN j PEGGYCARLSON j ~ The Project CYNDEE F1ELDS The Eagan City Council has expressed interest in redevelopment opportunities in the MEG TILLEY Wescott Square neighborhood. Redevelopment is of particular interest because of previous and ongoing investments by the City to maintain Wescott Square as a viable and Council Members successful neighborhood, without long-term need for significant contribution of City resources. THOMAS HEDGES CiryAdministraror ~ Background The neighborhood has, in recent years, experienced disinvestments that are obvious in the appearance and condition of properties. Numerous units are showing disrepair that violates City Code in regard to the maintenance of siding, roofs, etc. Municipal Center: i Additionally, the City has committed resources to the neighborhood for a number of 3830 Pilot Knob Road ~ years through its Parks and Recreation Department. A portion of the City's annual Eagan, MN 55122-1897 allocation of the Community Development Block Grant funding has been directed toward the neighborhood to address extraordinary community and social concerns. The City has Phone: 651.681.4600 tracked and responded to an inordinate number of police calls for service to the area. In Fax: 651.681.4612 June 2000, the City opened a Police sub-station in the neighborhood, the only of its kind TDD: 651.454.8535 i in the City. ~ To a great degree, the issues in the neighborhood that have driven the City to commit Maintenance Facility: ~ significant financial resources are a result of the current ownership structure. There are 3501 Coachman Point multiple owners of the 120-unit development. There appears to be no cohesive property management policy in place and no consistency in maintenance and repair, tenant Eagan, MN 55122 services and relations, or other management practices typically in place for such a sizable Phone: 651.681.4300 development. Fax: 651.681.4360 TDD: 651.454.8535 Desired Outcome ~ The City is interested in a redevelopment project that meets the following objectives: 1. Provides for consistent property management that includes, but is not limited to; www.ciryofeagan.com a comprehensive maintenance and repair plan and budget, a willingness to participate in the City's Crime Free Multi-Housing program, and the offering of neighborhood support services or community programming. 2. Successful redevelopment that would resolve issues that have prompted and continue to necessitate the apparent long-term commitment of City financial THE LONE OAKTREE sources. The symbol of strength and growth in our ~ community ~ /O Wescott Square RFQ/P January 18, 2002 Page 2 of 2 Request for Qualifications/Proposal Please provide to the City of Eagan five (5) copies of materials responding to the items below: A statement of qualifications including: a. Names, addresses and descriptions of other developments owned or managed. b. Description of legal basis of developer/company, and/or identification of owners of property. c. Names, addresses of principals of company. d. Financial background including description of fmancing capabilities and at least three references. e. A general description of the proposed improvements for the project, including potential funding methods. 2. The proposed timetable for prepazation of a final redevelopment plan. 3. Property management plans including sample budget. Plan should include tenant selection criteria, sample contracts, staff requirements, maintenance plan and reserves. Plans for comparable properties aze acceptable. 4. Residents support services plan. Plan should include programming, facilities, and opportunities that will be made available to Wescott residents. Deadline for RFP submittals: February 15, 2002 Please address submittals to: James Verbrugge, Assistant City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 /D y 03/15/02 09:20 FA.Y 65122ssuu2 Sl'RI\GSTED_INC. ~ 002 ~~ 85 E. SfVEA[TH PLACE, SWTE 100 SAINT PA l1 L, MN 55101-?887 651-?23.3000 FAX= 651-223-300? S~RINGSTED AJviaura to Ihr Aub11e .Srcrur EXTERNAL MEMORANDUM t- TO: VanOverbeke and s Verbrugge, City of Eagan FROM: acGill~ y and B 'morel` DATE: March 14, 2002 SUBJECT: Wescott Square Redevelopment Proposals The City of Eagan asked Springsted Incorporated to review the qual'rfications and proposals submitted by CommonBond Communities and JS Partnership for the redevelopment of the Wescott Square apartment project. Because the Request for Qualifications/Proposal (RFQ/P) did not ask for full proposal packages (including developer financial statements, development budgets, operating proformas, and specific financing plans), the two proposals differed in the information provided. We have prepared the attached side-by-side summary of components to assist the Clty in comparing the Common8ond and JS Partnership materials. The two most significant differences between the proposals regard: Long-term affordability and services for low-income households; 2. Organization size, experience, and resources. Affordability and Services The CommonBond proposal is designed to ensure the "long-term affordability of a valuable community resource." Through housing tax credits, state and county loan/grant funds, City assistance, and other resources, CommonBond intends to rehabilitate and manage Wescott Square into a quality environment for households primarily at or below 50°y6 of area median income. CommonBond would provide on-site resident services through its AdvantageCenter program. Adult, youth, and community programs would be financed with other CommonBond resources and foundatioNdonor support. The JS Partnership proposal is designed to transition Wescott Square from a predominantly low-income property to amixed-income property. It anticipates using many of the same funding sources as the CommonBond project, but through quality renovation, management, and unit turnover, hopes tv achieve a 50/bo spilt between low-income and moderate-income (including unrestricted income) households. JS Partnership intends to develop a community center for resident services and activities, but would rely on outside organizations to provide most service programming and funding. COFPORATt hFFlCE: SAINT PAUL. MN • Visit oltrwcbsite Q(www.~plingstlad.com 1OWA • KANSAS • MINNESOTA • Vll(CiINIA • W/ISHIN(~I'ON,DC • w13CONSIId /D 03/15/02 09:21 FA% 6512233002 SPRINGSTED INC. Im003 City of Eagan, Minnesota March 14, 2002 Page 2 Organization Common8ond Communities and JS Partnership also differ in size, experience, and resources. Common6ond is the largest nonprofit developer and manager of affordable housing in Minnesota. It has approximately 170 employees and is governed by a board of 34 directors. It has developed and rehabilitated 3,160 rental units and has another 185 under development in 2002-2003. It manages 4a properties housing 4,700 residents. It iS affiliated with the Archdiocese of St. Paul and Minneapolis and, according to its website, "receives support from many corporations, foundations, religious organizations, clvlc groups, and individuals". JS Partnership consists of general partners Jeffrey Johnson and John Sowards, plus one limited partner. Mr. Johnson has developed 51 rental units and over 100 for-sale homes, and has consulted on numerous projects for governmental and nonprofit housing providers. He also manages 115 rental units, including 52 units at Wescott. Mr. Sowards reports no development experience, but manages 36 units at Wescott, including 24 units that he owns. The partners report substantial personal net worth and have mapped out a renovation financing plan, but do not have external resources to provide operating or programming support. Analysis There are several organizational differences between the developers that could be the basis for a City decision. The first issue to consider, however, is whether the City prefers one redevelopment and management proposal over the other. Does the City want the developer to keep most Wescott units affordable for low-income households and offer an integrated resident service program, or does it want the developer to attract moderate-Income households to roughly SO~o of the units and implement a more open system of multiple service providers? The result of this Council policy decision could affect the foundation of any recommendation on this process. In its RFQ/P, the City listed four objectives for the successful redevelopment and consistent management of Wescott Square: 1. A Comprehensive maintenance and repair plan and budget; 2. A willingness to participate in the Cites Crime Free Multi-Housing Program; 3. The offering of neighborhood support services or community programming; 4. Resolution of issues that have prompted and continue to necessitate the apparent long-term commitment of City financial resources. Maintenance and Repair: The proposals appear comparable on this goal. JS Partnership anticipates spending more for operating costs and ongoing repair and replacement than does CommonBond. It is unclear whether this difference represents a higher level of maintenance by JS Partnership or the economies of scale and outside resources that CommonBond possesses. In any case, both maintenance estimates are reasonable for this property type. Crime Free Multi-Housi»g Program: The program requires property managers to conduct a criminal background check on all prospective tenants, use the "Crime Free Lease Addendum", and to attend a training session sponsored by the Police Department. In its letter of submittal, Common6ond states that it will participate in the program. JS Partnership does not address the program in its proposal. /06 03/15/02 09:21 FA% 6512239002 SPRINGSTED INC._ f~004 City of Eagan, Minnesota March 14, 2002 Page 3 Neighborhood Support Services: The proposals differ most signrficantly on this objective. CommonBond's Advantage Centers develop and provide programming for adults, youth, families, and the residential community as a whole. JS Partnership proposes to provide a community center and materials for use by a variety of outside service providers. Although a less integrated service model may be compatible with JS Partnership's proposed deconcentration of low-income residents, CommonBond's one-source approach appears to offer the direct accountability and visibility that the City desires. The JS Partnership response in this area relating tv "outside service providers" could include the City. If so, this situation could reduce the likelihood of the City achieving its fourth objective of reduced or no financial participation. Long-term Financial Commitment.• As was stated above the RFPlO did not request definitive information on the financial aspects of the proposals. Therefore, no definitive finding on these criteria can be made from the responses. Both proposals indicate the participation of numerous public entities, including the City, in the capital financing program. Neither their submissions nor their representations indicate that commitments by these public entities have been secured. The City has indicated that it would like to reduce the amount of CDBG, Police, Parks and Recreation, and other resources that it dedicates to Wescott each year. Both developers submitted detailed management plans and tenant selection criteria, but neither respondent addresses how it would reduce or eliminate the City's ongoing participation. It wilt take several years of quality redevelopment and management before the City can fully measure its success in meeting this objective. From the information provided, however, it is apparent that CommonBond has more experience and resources than JS Partnership for the rehabilitation and management of large affordable housing properties. It may be helpful to contact officials 1n other cities to see how similar properties owned and/or managed by CommonBond and the JS Partnership principals are performing. Conciusion The City established four criteria upon which responses to the RFP/Q were to be evaluated. On criteria involving Maintenance and Long-term reductions in the City financial participation, the respondents are either equally qualified or both tack sufficient information to determtne any differential. As to the criteria involving the City's "Crime Free" Multi-housing Program, CommonBond makes a definitive statement as to its participation, while the JS Partnership proposal does not address its commitment. Regarding the criteria on offering support services and community programming, CommonBond not only commits to providing such a program, but has a successful track record in this area in their other projects. This area also may impact the Ciry's ability to reduce its ongoing financial participation. Under this criterion, CommonBond's response better meets the City's objectives. Based on the criteria, where a discernable difference exists, the CommonBond response better addresses the City's criteria. From the RFP/Q we were provided, we are unsure if the City places greater priority on certain criteria than on others. Given the responses, information on all criteria was not received. In the following section on "Next Steps" we propose an approach which permits the City to proceed with the process white increasing its confidence that all City objectives can be managed to an acceptable level. /D 7 ~~~ ~~~ ~~ -~_ .... ,...~.~s~uu2 _ SPRINGSTED INC. ~ f~005 City of Eagan, Minnesota March i4, 2002 Page 4 Next Steps If the City decides to proceed with one proposal, it may be advisable to award tentative developer status and instruct the designated developer to prepare a final redevelopment plan, including budgets, financing structures, and proformas. Tentative developer status gives the developer an incentive to prepare final plans and financing structures, but allows the developer and City to withdraw if the parties cannot ultimately agree on Glty assistance or other project details. If the City decides that it needs more information before proceeding to tentative developer status, the next step would be to instruct both developers to prepare a final redevelopment plan, or at least to provide additional details on project improvements, construction costs, financing sources, and other factors. Whichever course the City selects, Springsted is prepared to assist in evaluating redevelopment plans and developer capabilities for achieving the proposed outcome. We have substantial experience in reviewing developer financial statements, references, project performance, development budgets, financing structures, operating proformas, and other materials that illustrate the Overall viability of a redevelopment plan. Both developers indicate they will ask the City for some level of assistance in financing the redevelopment project. Through a careful analysis of the project components, Springsted can help the City determine what level and terms of assistance are needed to get the project done. We appreciate the opportunity to be Of assistance and look forward to discussing next steps with you. In the meantime, please feel free to call us at (651) 223-3000 with any questions. Thank you. /08 ~~il5iut ua:ci rna vai2coduuz SPRINGSTED INC. City of Eagan, Minnesota Summary of Developer Qualifications and Proposals for Wescott Square Redevelopment and Management Services ~ 008 RFQ/P Details Common8ond Communities JS Partr~ershi peveloper's - Acquire all 30 properties - Acquire all 30 properties and replat Summary of - Rehabilitate properties to correct into one parcel Proposed Project deferred maintenance and cure 3> Renovate and improve properties obsolescence - Professional manage the properties - Develop site offices, community room, y Transfer park to private ownership and other common spaces - Develop community center for use by - Provide quality management and outside resident service providers maintenance ~ provide 60 units to very low/low - Provide resident support services income households for 30 years through an Advantage Center ~. provide 56 units to moderate income - Ensure long-term affordability (goal is households (30 with unrestricted to maintain units affordable to Incomes) within 5 years residents at/beiow 50% of AMI) y Maintain ownership for 30 years Description of - CommonBond Communities, a 1r JS Partnership, a Minn. Partnership Legal Basis S01(c)(3) not-for-profit corporation y~ Governed by Jeffrey Johnson and - Governed by l3oard of Directors (34 John Sowards, lndividua! Sponsors directors) and Advisory Boards Principals of D Joseph Errigo, President Y Jeffrey Johnson, General Partner and Company - Joseph Holmberg, SVP and COO Chief Fnancial Officer (contact) - DouglaS Mayo, Director of - John Sowards, General Partner and Development (contact) Chief Operating Officer Properties under - CommonBond manages 44 affordable Y Johnson manages 5 properties with Management rental properties with over 4,700 115 units, including 52 Wescott units residents (1,300 children, 1,100 - Sowards manages 36 Wescott units, adults, 2,300 seniors) 24 of which he owns Development - CommonBond has developed and - Johnson has developed 51 rental History renovated 3,345 units, including 185 units and over 100 for-safe homes, units in development for 2002-2003 consulted on numerous projects Z Sowards reports no housing development experience Financial Y Submitted independent audit through - Submitted no financial statements Background June 30, 2000 (City RFC?/P did not request) - Total net assets of $3.2 million, after - Proposal states:'The Individual .depreciation (6/30/2000 audit) Sponsors have a combined net worth of more than $3,000,OOO.A Financing - Submitted no other discussion of - Submitted no other discussion of Capabilities developer "financing capabilities" developer "Financing capabilities" References - List includes Western Bank, Briggs 8. - List includes Anoka County CAP, Morgan, assorted creditors Wells Fargo, MHF=A, other contacts Prepared by Springsted Incorporated (printed on 03/15/02) ~~ 03/15/02 09:21 FA% 6512233002 SPRINGSTED INC. City of Eagan, Minnesota Summary of Wescott Square Redevelopment Proposals Page 2 ~ 007 Proposed - Correct deferred maintenance and - Correct siding, asphalt, curb, parking, Improvements cure obsolescence landscaping, front entries, overhead - Develop site offices, community room, garage doors, decks, roofs, windows class rooms, common areas - Develop community center Estimated budget of $1 fi-17 million Potential Funding - Dakota County CDA -Housing Tax - Dakota County CDA -Housing Tax Methods Credits Credits of $75,000 (Funding sources - MHFA - AHIF first mortgage - MHFA - LMIR first mortgage of are developer - Metropolitan Council -Local Housing $11.5 million estimates only. No incentive Fund - MHFA -Deferred mortgage of funds have baen approved by the - Dakota County CDA -HOME grant $1 million authorizing - C' of l.a, an -Funds TBD ~ g - City of Eagan -Deferred loan of agencies.) - Deferred Developer Fees $500,000 - (City RFQ/P did not request estimated - Dakota County CDA -HOPE grant of sources and uses of funds) $250,000 - Dakota County CDA -HOME grant of $250,000 - FHLB -Grant of $200,000 ~ Owners -Equity of $2,500,000 - Deferred Developer Fees - $600,000 Proposed - Did not answer questton directly - Did not answer question directly Timetable for - Estimated schedule from April 2002 D Estimated schedule from April 2002 Preparation of through June 2005, assuming through June 2003, assuming Final Plan designation and eminent domain designation by April 2002 authorization by Aprii 2002 Property - Estimated operating budget of - Estimated FY 2003 operating budget Management - $469,440 ($3,912 per unit). of $504,000 ($4,200 per unit) Sample Operating y Attached FY 2000 budget for Yorkdale - Submitted 5-year Wescott operating Budget Townhomes - $4,387 per unit, before proforma with income and debt repair/replacement reserves service estimates Tenant Selection - MHFA-approved tenant plan for - J.A. Management tenant application Criteria Yorkdale Townhomes (April 1996) process and rental criteria Sample Con#racts - Sample management agreement for - No management agreement included CommonBond as management agent in proposal Staff Requirements - i.5 FTE for Administration and - John Sowards, Property Mgmt Agent Management - Resident Manager - 1-1.5 FTE for Maintenance - Maintenance Engineer - 1 FTE On-site Caretaker - Secretary - On-site Caretakers Maintenance Plan 3i Marketing and Management Plan - Marketing and Management Plan {including maintenance} for Wescott (including maintenance) for Wescott Prepared by Springsted Incorporated {printed on 03/15/02)/) ~~v 03/15/02 09:22 FA% 6512233002 SPRINGSTED INC. 0 008 City of Eagan, Minnesota Summary of Wescott Square Redevelopment Proposals Page 3 Reserves D $300 per unit per year, total of - $500 per unit per year, total of $36,000 in repair/replacement $60,000 in repair/replacement Y Internal funding available if necessary Resident Support - Detailed Advantage Services Plan ~ Provide community center and Services Plan, - Adults -Career Advantage, computer materials for use by Parks and Rec., including classes, parenting groups Dakota County CDA and CAC, other programming, facilities and y Youths -Homework Center, summer outside resident service providers opportunities recJlunches, computers, scouts - Expect need for everyday services for S- Community ~ Resident association, first 5 years, to be evaluated after conversion to mixed-income property newsletter, potlucks, events Prepared by Springsted Incorporated (printed on 03/15/02) ~~/ Agenda Memo March 19, 2002 NEW BUSINESS: A. ORDINANCE AMENDMENT. Consider an ordinance amendment to Chapter 6 entitled "other Business Regulation and Licensing" to clarify administrative fines and penalties for tobacco sale violations. FACTS: • As the administration of the administrative fines resulting from violations to the City Code covering the sale of tobacco products has continued to evolve, staff has become aware of two areas in the City Code that cause confusion with the interpretation of the Code. The first item is determining when a suspension of the license should be imposed and the second item is determining if individuals who sell tobacco products and violate the Code should be charged criminally or charged an administrative fee. • Representatives of the City Clerk's Office, the Police Department and the City Attorney's Office have met to discuss potential changes that would provide for more efficient enforcement of the Code and more clear statements regarding penalty provisions. • Council authorized the City Attorney's office to prepare an ordinance amendment to clarify the administrative fines and penalties for tobacco sales violations at their March 4, 2002 meeting. ATTACHMENTS: • A copy of the proposed ordinance amendment is attached as pages ~ thru ~y. //a ORDINANCE NO. ~ -~ .~ • 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY AMENDING SECTION 6.34, SUBDIVISION 19, REGARDING TOBACCO SALES LICENSE ADMINISTRATION PROCEDURES AND PENALTY; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 6 is hereby amended by changing Section 6.34, Subdivision 19(H), to read as follows: H. Penalties. 1. Licensees. Any licensee found to have violated this section, or whose employee shall 1 has violated this section, shall be charged an administrative fine of $75.00 for a first violation of this section; $200.00 for a second es~ violation at the same licensed premises within a 24-month period; and $250.00 for a third or subsequent ~ violation at the same lesatier~ licensed premises within a 24-month period. In addition, a upon the third ~ violation, the license shall be suspended for ~st~ss seven ~ days. Upon the fourth or subsequent violation at the same licensed premises that has occurred since the date on which the City issued its initial license to the licensee under this Section, the City Council shall determine the penalty to be imposed. 2. Other individuals. Individuals, other than minors regulated by subparagraph herein, found to be in violation of this section shall be charged an administrative fee of $50.00, unless the individual is chazged with a criminal offense arising out of the same violation. 3. Minors. Minors found in unlawful possession of, or who unlawfully purchase or attempt to purchase, tobacco, tobacco products or tobacco related devices shall be handled in the same manner as nay other juvenile or minor charged with a violation of the law. 4. Suspension upon failure to pay administrative penalty. Any administrative fine imposed hereunder shall be paid by the licensee within 30 days of the date of notice. The licensee's failure to pay the administrative fine within 30 days of the date of notice shall be grounds for suspension of the license and the license shall remain suspended until the administrative fine is paid in full, plus any surchazge or interest imposed for late payment. / /3 Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Karels Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: By: Patricia E. Awada Its: Mayor ~~~` Agenda Information Memo March 19, 2002, Eagan City Council Meeting B. COMPREHENSIVE GUIDE PLAN AMENDMENT (SPECIAL AREA NO. 7) CITY OF EAGAN. ACTION TO BE CONSIDERED: To direct staff to submit the Comprehensive Guide Plan Amendment for Special Area No. 7 Plan, Blue Cross Blue Shield of Minnesota, to the Metropolitan Council for review and comment located at Yankee Doodle Road and Blue Cross Road in the NE'/< of Sec. 17. FACTS: On June 26, 2001, the Advisory Planning Commission held a public hearing on the Preliminary Planned Development for the Blue Cross Blue Shield campus and recommended approval with nine conditions, including the following: 1. The Comprehensive Guide Plan shall be amended to reflect the uses depicted on the approved master plan. 2. The APC shall review the proposal once the environmental impacts have been determined. • The City Council reviewed the proposed development plan on July 17, 2001, but took no action on the item. • On February 26, 2002, the APC held a public hearing and unanimously recommended approval of the Special Area Plan and reviewed the traffic impacts associated with the BCBS Master Plan. ISSUE: • At the February 26, 2002, APC meeting, residents expressed concern regarding the following issues: traffic, lack of traffic control devices, isolation of the campus from adjacent residential neighborhoods, and tree removal. ATTACHMENTS: Draft February 26, 2002, APC meeting minutes, page ~-~~ 7 Special Area No. 7 Plan, page ~to J~p Blue Cross Blue Shield AUAR Traffic Impacts, page to ~, //S City of Eagan Advisory Planning Commission Meeting ~ ~ ~a February 26, 2002 Page 6 C. COMPREHENSIVE GUIDE PLAN AMENDMENT -CITY OF EAGAN A Comprehensive Guide Plan Amendment to consider guide plan designation on property located at Yankee Doodle Road and Blue Cross Road and to review traffic impacts as requested by the Advisory Planning Commission at their June 26, 2001 meeting. Senior Planner Mike Ridley introduced this item and highlighted the information presented in the City Staff Report dated February 21, 2001. He noted the background and history. Residents stated the following questions, comments, and concerns: Blackhawk Road - Too much traffic already - Residential character of the road - Need tv control Blackhawk/Silver Bell now - Should disconnect Blackhawk at Blue Cross Road - Don't disconnect Blackhawk - Direct entry from Highway 13 would isolate the campus. Ashbury - Belief that traffic will cut through neighborhood - Disconnect Ashbury from Blue Cross Road - Connect Ashbury to Knoll Ridge - Turn restrictions at AshburyBlue Cross Road Marie Cote stated Highway 13 is a state road; and connections to it are not easily made. She stated the State of Minnesota will not allow the access. Member Bendt stated Yankee Doodle Road needs to be widened before the proposed level of service is achieved. Member Nosbush asked what simple things can be done to Ashbury Road to calm the traffic. Ms. Cote discussed measures that can be taken to calm the traffic, however she stated the residents will also have to live with the changes. Member Bendt spoke to a comment about tree loss. l/6 City of Eagan Advisory Planning Commission Meeting ~' ~ T February 26, 2002 Page 7 Roger Kleppe, Human Resources Director of Blue Cross Blue Shield stated they will do what they can to help or resolve the concerns of the residents. Member Nosbush moved, Member Bendt seconded a motion to approve the Comprehensive Guide Plan Amendment (for Special Area #7) on property located at Yankee Doodle Road and Blue Cross Road. All voted in favor. IV. VISITORS TO BE HEARD (FOR ITEMS NOT ON THE AGENDA) There were no visitors who wished to be heard at this time. V. ADJOURNMENT Member Kaess moved Member Nosbush seconded a motion to adjourn the Advisory Planning Commission meeting at 8:50 pm. All voted in favor Respectfully Submitted by: Camille Worley Recording Secretary ~~9 "~-t z., ~ ..~ MEMO city of eagan TO: Chair Huusko and Planning Commission Members FROM: Mike Ridley, Senior Planner !~ DATE: February 21, 2002 SUBJECT: Special Area Number 7 -Blue CrossBlue Shield Traffic Study Summary Special Area Special Areas were created as part of the Comprehensive Guide Plan Update that was initiated in 1998 and resulted in the adoption Eagan's Comprehensive Plan 2000 in February of last year (Map attached). Seven Special Areas ~vere created because they are areas that either contain unique circumstances that could be best dealt with in a manner specific to the area or, as in the case of BOBS, a large amount of undeveloped land existed and the City wanted to more closely analyze a given situation. Most of the Special Areas include existing uses that are not consistent with the long-range vision for development in that area but do not negatively impact the vision and can be phased out over time. To date, the City has processed four of the seven Special Area (1, 2, 3, and 6) Comprehensive Guide Plan Amendments. In this case, BCBS was in the process of formulating a master development plan for the area referred to as the East Campus at the time the Comprehensive Plan was being updated. The direction of the City Council at the time was to create the BCBS East Campus area as a Special Area and allow BCBS to flesh out their Master Plan. Subsequent to that, the City would process a Comprehensive Guide Plan Amendment to define Special Area Number 7. The Draft Special Area Plan is attached. Action To Be Considered: To recommend approval of the Comprehensive Guide Plan Amendment for Special Area Number 7. ~~ Traffic Study Last year, the BCBS Preliminary Planned Development request was recommended for approval by the APC (provided that the traffic study come back to them when completed) and the City Council indicated their support of the concept but withheld action pending the outcome of the traffic study. The Traffic Study has been completed as a component of the Alternative Urban Area-wide Review (AUAR) which is the over-all environmental review of the entire development proposal. Attached is the summary of the traffic-related information, prepared by SRF -the City's consultant, that will be included in the Draft AUAR. The assumptions include a three phase development with ultimate build-out occurring in the year 2015. To achieve the goal of consolidating their various Eagan operations at their East Campus, BCBS is proposing a total of 720,000 SF of additional office space to be added from 2004 - 2015. In addition, approximately 25% of the 162 acre site will be devoted to undisturbed area and predominately single family residential along the east and south perimeter where the site is adjacent to existing single family residential. The SRF Traffic Impact summary discusses phasing, roadway alternatives, and traffic impacts (including mitigation, trip generation information, and neighborhood street impacts). Briefly, the traffic study has determined that, v~~ith the specified improvements, the transportation system serving the BCBS East Campus and area can provide adequate levels of service. At full build-out, including anticipated growth in off site background traffic levels, intersections around the site will function at acceptable levels and all City/County streets and TH 13 ~ti-ill carry traffic levels that fall within respective design standards. Discussion and comments on the SRF memo are in order; however, there is no action required on the Traffic Summary. Please call me at 651-681-4689 if you have any questions. /i 9 z d.~~.,,~ dew eaad je~~adS ese-'- R•w qeG d~W ip i 6 w ~~ •A a ~u~~ ~~ ~~.. ~~ 0 luawuvJaQ yla~udn/wnaV Apunnw~n~ usBe3 yo R»a~ ~ ~ ` ~~ s ~~! ~ - ~ L 7 X~T t :' a ~ ; '" ` ~ ~ ~ ~ a ~ a6~ j~ ~~_ ~ ~ u u 3 ; a ' ~ e5; .~ r ~ e ~~ ~ €~'~ ~ ~ ei ei ~ ri i r: ! CITY OF EAGAN COMPREHENSIVE GUIDE PLAN BLUE CROSS BLUE SHIELD (SPECIAL AREA 7) /~/ DRAFT Location: This study area is bordered by Yankee Doodle Road (Co. Rd. 28) on the north, Blue Cross Road on the west, Ashbury Road on the south, and the City's north water treatment facility and maintenance facility on the east. This special area is the east 88 acres of the Blue Cross Blue Shield of Minnesota East Campus, which is a total of 162 acres. History: In 1981, the City approved a Planned Development (PD) for the Blue Cross Blue Shield of Minnesota East Campus. The PD was utilized as an overlay district to allow for a mixed-use development. This portion of the East Campus Master Plan, which is currently within this special area, included Limited Business, Medium Density Residential, and Low Density Residential uses. In the 1988 Comprehensive Guide Plan, the property within the special area was guided Limited Business (LB), Single Family Residential (0-4 units/acre) (D-I), and Mixed Residential (0-6 units/acre) (D-II). Background: The impetus for this special area plan is the amendment to the Blue Cross Blue Shield East Campus PD. The amendment seeks to reconfigure land uses. Originally, the plan provided for approximately 70 acres of Low and Medium Density Residential and approximately 15 acres of Limited Business along with linear bands of open space and trails on the portion of the campus located within the study area. Currently, the property is guided Special Area. The remainder of the East Campus (west of Blue Cross Road) is guided Office/Service (O/S). General Area Description: Land Use Existing There is asingle-family dwelling present on the property; however, the site is vacant/undeveloped. Natural features include rolling topography, significant trees, and a pond that dictate the location of development. Proposed Blue Cross Blue Shield of Minnesota has proposed to amend the original Planned Development to construct two multi-story office buildings (which total 420,000 square feet), surface parking, and residential dwellings on the property within the special area. After the Blue Cross Blue Shield East Campus is complete, 1,364,000 square feet of x l~~- DRAFT office will be constructed. A portion of the special area will also be designated for public use to allow for the public works facility expansion. Natural Resources Mature vegetation and rolling topography encompass the majority of the special area. Tree preservation plans are required to be submitted with each phase of development. The City of Eagan Tree Preservation Ordinance encourages creative land use and environmentally compatible site design that preserves trees and minimizes tree removal and clear cutting during development. The Preliminary Planned Development Amendment indicates that at a minimum 20 acres of the wooded area will be conserved. Natural feature preservation provides a buffer between the office and residential uses, maintains wildlife habitat, and softens the visual impact of the development. Since the office uses are proposed to have multiple stories and smaller footprints than traditional one-story suburban office buildings, more significant vegetation should be preserved. Also, lots are proposed to be clustered in the residential portion to allow for additional preservation of mature vegetation. Transportation Site access to the campus is gained via Blackhawk Road, Yankee Doodle Road, and a public street connection to Coachman Road. Blue Cross Road, which is the interior roadway for the campus, is designated as a Minor Collector Roadway in the Comprehensive Guide Plan and functions as a reliever for Trunk Highway (TH) 13. Blue Cross Road is to be converted into visitor and parking lot access for the western portion of the campus and a new public roadway is to be constructed/shifted to the east with the development of the special area. The newly aligned public roadway will maintain Blue Cross Road's reliever function. Airport Implications The special area lies outside the boundary of the Metropolitan Council's noise exposure zones. Conclusions: Market conditions, coupled with the limited supply of developable land within the City, dictate that planning efforts directed toward the highest and best use of the area should be immediate. 2. The Blue Cross Blue Shield Campus is located on a major thoroughfare, which is an entrance to the City. An opportunity exists to present an attractive entry image via site layout, architecture, and preservation of natural features. 3 /d3 DRAFT 3. The property exhibits significant mature vegetation that would be beneficial as permanent open space for wildlife and aesthetics. Land Use Designation: The special area is divided into four different land use categories as shown. on the attached Land Use Map. Approximately 40 acres are designated Office/Service (O/S), 4 acres are guided Public/Quasi-Public (QP), 4 acres are allocated to Medium Density Residential (MD), and 35 acres are designated Low Density Residential (LD). The portion within the O/S designation will develop as multi-story office buildings with surface parking. The public works facility is proposed to expand in the portion of the special area designated as QP. The MD designation entitles the development to maintain a residential density ranging from 4 to 12 units per acre. Dwelling types consistent with this land use designation include small lot detached single family dwellings, two-family dwellings, townhomes, and condominiums. The LD land use designation provides for single family detached dwelling units and some attached (i.e., two-family units, and townhomes) units provided that the property is developed at 0 to 4 units per acre. Zoning Designation: The zoning of the property will remain PD since it is part of the original Blue Cross Blue Shield East Campus Planned Development. The permitted uses within the PD include office and low and medium density residential. Policies: 1. The study area is located on a major roadway, thus development should enhance existing natural and man-made features. 2. The realignment of Blue Cross Road (or the new public roadway) should allow for the efficient movement of traffic from the campus and retain its function as a TH 13 reliever. 3. Natural site features such as trees, vistas, and topography should be maintained or preserved by means of easements. 4. Prior to the development of Phase III, the single family dwelling shall be removed. gay r ~ ~ a 0 0 ~ ~ e = o a o e ~ e ~ J ~ ~ ~ O J ~ D O J a. ~ ~ ~ z ~ _ ~ o `~, v~ v~ ? O p ~{Z ~ ~~ v W ~ ~ ~ ~ Z .~ i ~ .~ s a~~m 10 ~ ~ Comprehensive Plan 2000 -Special Area Exhibit City of Eagan _ -.... -_ ~_ : ; __ Special Area #7 - Land Use 3.7.7.a /, /015 City of Eagan Comprehensive Plan 2000 -Special Area Exhibit ~a Special Area #7 - Interim/Ultimate Zoning 3.7.7.b CONSULTING GROUP, INC. Transportation • Civil • Structural ^ Environmental • Planning • Traffic • Landscape Architecture • Parking MEMORANDUM SRF No. 0014280 TO: Mike Ridley, Senior Planner ---__. _,_ ___ City of Eagan FROM: Nancy Frick '' ~ { ? ~ •%-:~ o ~~: Senior Environmental Planner DATE: March 13, 2002 SUBJECT: BLUE CROSS BLUE SHIELD AUAR TRAFFIC IMPACTS A summary of the traffic-related information that will be included in the Draft AUAR for the Blue Cross Blue (BCBS) Shield Main Campus Expansion is presented below. Attached figures illustrate the proposed development and phasing (Figure A) and recommended intersection improvements (Figure B). Development Scenario and Phasing • Phase I - 2004: 210,000 sq. ft. -BCBS West Campus Building C 60,000 sq. ft. -South Campus Delta Dental Addition 270,000 sq. ft. total office 331 residential units* • Phase II - 2010: 210,000 sq. ft. -BCBS West Campus Buildings B1 and B2 • Phase III - 2015: 420, 000 sq. ft. -BCBS East Campus Buildings AI and AZ 30,000 sq. ft. -West Campus Community Center and Dare 450,000 sq. ft. total office * t'roposed Guide Plan amendment reduces allowable residential. Maintenance Facility expansion also reduces proposed residential. Roadways Phase I and Phase II office development will have access along the existing Blue Cross Road. Phase I will include an extension of Birch Pond Road to serve the proposed residential development. One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Telephone (763) 475-0010 ^ Fax (763) 475-2.129 ^ http: / /www.srfconsulting.com An E/l~L~pQDrtunity Enrpluyer Mike Ridley - 2 - March 13, 2001 Phase III includes the following roadway changes: • Reconfiguration of the central segment of Blue Cross Road to function as a visitor drive only, without through access to the central part of the campus. • Construction of a new Campus Road which, together with the western segment of Ashbury Road, will provide access to buildings and parking areas in the south and east campus areas. This new roadway will continue to carry through trips between Blackhawk Road and Yankee Doodle Road, currently served by the existing Blue Cross Road. • Reconfiguration of Ashbury Road just east of the Phase III development to tee into the new Campus Road. • Construction of an east-west roadway connecting the new Campus Road with Coachman Road in the northeast portion of the site. Traffic Impacts • All intersections surrounding the AUAR study area operate at an acceptable level of service (LOS) D or better in 2001 and for 2015 no-build conditions, during the a.m. and p.m. peak hours. • Intersection improvements required to achieve LOS D with the first phase of development (2004) and full development (2015) of the AUAR study area include: - TH 13 and Blackhawk Road. Reassignment of the east approach lanes (Blackhawk Road) to include aleft-turn lane, left-turn/through lane, and right-turn lane and changing to split signal phasing for east and westbound movements (2015). - Blue Cross Road and Blackhawk Road. All-way stop control and northbound right-turn lane (Blackhawk Road) (2004). Traffic signal installation (2015). - Blue Cross Road and Ashbury Road. Traffic signal installation (2015). - Blue Cross Road and Campus Road. Side-street stop ~ ontrol (2015). • Trips to and from the site are based on home zip code information for Eagan-based BCBS employees and are distributed as follows: - TH 13 south of Blackhawk Road: 35% - TH 13 north of Yankee Doodle Road: 5% - Yankee Doodle Road east of Blue Cross Road: 40% - Blackhawk Road south of Blue Cross Road: 19% - Ashbury Road east of Blue Cross Road: 1% /.?B Mike Ridley - 3 - March 13, 2001 • Impacts of the development on neighborhood streets include: - Approximately 36 percent more traffic during peak hours on Blackhawk Road by 2015, compared to no-build conditions. - Minor increase in peak hour traffic on Ashbury Road, southeast of the new Campus Road, compared to no-build conditions. - No difference in peak hour traffic on Coachman Road, south of the new Connection Road. - Minimal cut-through traffic with construction of the Duckwood Drive interchange. - Traffic levels on Ashbury Road to be monitored over time and mitigated if necessary. • Blackhawk Road residents experience a 3-decibel increase in traffic noise. A 3-decibel change in noise is barely perceptible to the human ear. Noise increases at other residential locations are nonexistent or imperceptible. • To retain a viable route for through-traffic, the current roadway configuration was developed to include a direct curvilinear connection between Ashbury Road/Campus Road and the south and north segments of Blue Cross Road. The Blue Cross Road/Ashbury Road curve potentially encroaches upon the northwest corner of Sky Hill Park. When the road alignment is designed in detail, efforts will be made to minimize encroachment. Additional Traffic Issues Raised at APC Public Hearing • Delta Dental parking lot access Residents from the Ashbury Road neighborhood object to any new access from the Delta Dental parking lot onto Ashbury Road. Restriction of access from the Delta Dental parking lot to Ashbury Road was a condition of the City's approval of the Delta Dental development. Change in access from the parking lot to Ashbury Road is related to the Delta Dental development, not the BCBS expansion, and an access modification would require approval by the City. • New access to TH 13 TH 13 is a Mn/DOT facility, classified as an "A Minor Arterial -Reliever", designed for mobility and as a reliever to I-35E. Mn/AOT has adopted access management policies to maintain the function and efficient operation of its facilities. Mn/DOT does not allow new access along its facility if an alternate access is already in place. Since the BCBS development provides access to TH 13 from Blackhawk Road and to Yankee Doodle Road from Blue Cross Road, Mn/DOT confirmed its position that new access at this location will not be allowed. /029 Mike Ridley - 4 - March 13, 2001 • Closure of Blackhawk Road north of Blue Cross Road The City's transportation policy is to maintain a workable system of local, collector and arterial streets to effectively manage traffic throughout the community. Blackhawk Road is a minor collector, which collects local trips and distributes them to the arterial system. Closing Blackhawk Road would divert these taps to other roads in the area. • Blackhawk Road/Silver Bell Road traffic sigrtal. Operations analysis indicates that, under existing conditions, a traffic signal is needed at the Blackhawk Road/Silver Bell Road intersection to achieve an acceptable level of service. A traffic signal at this location would also create gaps in the traffic flow, which would make it easier for residents on Blackhawk Road to get out of their driveways during times of heavy traffic. • Ashbury Road connection between the BCBS campus and residential neighborhood Ashbury Road is classified as a minor collector. It serves to distribute traffic from the residential neighborhood to Blackhawk Road and Yankee Doodle Road via Blue Cross Road. This connection is consistent with the City's transportation policies. Residents from the Ashbury Road neighborhood are concerned with the increase of traffic through their neighborhood due to the proposed BCBS development and Duckwood Drive interchange. The BCBS development will require intersection improvements to achieve acceptable operations at key intersections within the study area. Improvements to the intersections of Yankee Doodle Road/Blue Cross Road and Yankee Doodle Road/Coachman Road will provide better operations at Yankee Doodle Road, which will decrease the probability of motorists diverting through the residential neighborhood to the east. Review of traffic impacts following the construction of the Duckwood Drive interchange and Duckwood Drive extension to Federal Drive compared the route between Federal Drive and the BCBS campus using Yankee Doodle Road with the route that would use Blackhawk Hills Road and Ashbury Road to "cut through" the residential neighborhood. The neighborhood cut-through route does not provide a direct east-west connection to the r. ew interchange. It is circuitous with lower speeds required and is 1,100 feet longer than the Yankee Doodle Road route. With the programmed improvement of Yankee Doodle Road to six lanes, travel time via Yankee Doodle Road is faster than the route through the neighborhood. The increase in traffic on Ashbury Road, due to the construction of the new interchange, is expected to be minimal. However, the City will monitor traffic volumes following development of the BCBS campus and construction of the Duckwood Drive interchange project.. If traffic volumes increase, the City will work with the neighborhood to identify feasible traffic calming measures. 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SITE PLAN REVIEW FOR DRIVING RANGE (PARKVIEW GOLF COURSE) ACTION TO BE CONSIDERED: To approve a Site Plan for the construction of the Pazkview Golf Course Driving Range and 860 square foot service center with surface pazking located at 1310 Cliff Road in the NW '/4 of Section 34. FACTS: The Zoning Ordinance requires that building permits in the P, Public Facilities zoning district be reviewed and approved by the City Council. The proposal includes the construction of adouble-tiered, 44 station driving range with 70 foot tall lights and 50 to 75 foot tall nets. In conjunction with the driving range, the applicant is proposing to construct an 860 square foot service center and 121 parking stalls. A driving range appeazs to be an appropriate ancillary use of a golf course. ISSUES: • There are approximately 125 existing pazking stalls on site and 121 proposed for a total of 246 stalls. The Zoning Ordinance does not specify a minimum number of parking stalls for a golf course or driving range. The proposed parking lot expansion does not maintain the required 20 foot front and side yard setbacks and is not screened with landscaping from Cliff Road or adjacent residential. • The applicant proposes to operate the facility from 10:00 a.m. to 10:00 p.m., with additiona130 minutes of light use to collect balls and clean the range. ATTACHMENTS: Site Plan with supporting documents, pagef,~ to _ /33 TO: FROM: DATE: SUBJECT: city of eagan MEMO Mike Ridley, Senior Planner Cynthia R KirchoS, AICP, Planner March 14, 2002 Parkview Golf Course Driving Range Site Plan Review Parkview Golf Course is seeking Site Plan approval for a driving range. The property is zoned P, Public Facilities. The Zoning Ordinance requires the City Council to approve a building permit prior to the construction of a facility in the P zoning district. General Site Plan The double-tiered, 44 station driving range is proposed directly south of the existing pazking lot. The front hitting stations will be constructed six (6) feet below the existing grade and the reaz hitting stations six (6) feet above the existing grade. The front stations will be partially enclosed with a permanent canopy and partially heated. Some of the rear hitting stations will be covered with a canvas awning. Existing greens are proposed to be relocated to accommodate the additional facility. The range measures 100 yards in width by 270 yards in length. The range will be illuminated with two fixtures that will be mounted on 65 foot poles and contained with 50 to 75 tall foot protective netting. A service center is proposed adjacent to the hitting range. An additional 121 pazking stalls are also proposed. A six (6) foot tall fence is proposed along that portion of the parking lot abutting the 3`d and 4`'' holes. Service Center In conjunction with the driving range, Parkview has proposed to construct an 860 squaze foot (28.6 foot by 30 foot) service center/pro shop, which would contain an office, restroom, training azea, and ball washer. The building is proposed to match the existing clubhouse. The zoning ordinance requires two feet of setback for each one foot of height of the structure. The site plan indicates that the building maintains a 124 foot front yard setback. The proposed building height is 15 feet in height, as measured to the mid-point of the pitched roof. /3Y Mike Ridley Parkview Golf Course Driving Range March 14, 2002 Page 2 Parking The zoning ordinance does not specify a minimum number of parking stalls for a golf course or driving range, but states that uses within the P, Public Facilities, zoning district shall have pazking commensurate with the type of use as determined by the City Council. The applicant has indicated that there aze approximately 125 existing parking stalls on the site. The site plan indicates that another 121 will be constructed with this facility, thus totaling approximately 246 pazking stalls. Staff is unsure if the proposed parking is adequate for this use. The City Council may wish to discuss the proposed number of parking stalls. Parking lots for more than four vehicles are required to be improved with a hard surface and curbed for drainage purposes. The pazking lot is proposed to be constructed with a bituminous surface and will have concrete curbing. Further, if the pazking lot is adjacent to residential use, a solid screen is required to soften vehicle light beams. Staff recommends that landscaping at least 3 '/2 feet in height be installed between the parking lot and the property line abutting the residential to the east. On the proposed site plan, the existing parking is encroaching into the C1iffRoad right-of--way. This is in accurate, as the pazking lot was relocated out of the right-of--way at the time Cliff Road was upgraded in 2000, but does not maintain a setback. The new parking lot is proposed to be an extension of the existing, and thus proposed to not maintain a setback. Staff recommends that the new pazking lot maintain a 20 foot setback and that a landscape screen be installed along the pazking lot abutting Cliff Road. However, the applicant is concemed that too much pazking will be lost due to this shift. Lighting Two 65 foot poles with light fixtures (70 feet total height) are proposed to illuminate the driving range. Lighting is also proposed under the all-weather canopy for the front hitting stations. The Zoning Ordinance does not specify a maximum amount of illumination at the property line. Information submitted with the site plan indicates that light levels at the property line between the golf course and residential properties to the east do not exceed a .5 footcandle. While this is an acceptable light level at the property line, staff is concerned that the source of light may be visible to adjacent residences. The applicant's narrative also indicates that additional lighting will be installed in the proposed parking lot expansion. The zoning ordinance states that "any lighting used to illuminate anoff- street pazking azea shall be shaded or diffused so as to direct light away form the adjoining property and away from abutting traffic." Any fixtures installed in the parking lot shall be shielded to reduce glaze. / 3s' Mike Ridley Pazkview Golf Course Driving Range March 14, 2002 Page 3 Hours of Operation The applicant has indicated that the proposed hours of operation are 10:00 a.m. to 10:00 p.m. The facility would close at 10:00 p.m., but they would need approximately 30 minutes to clean the range, so the lights are proposed to be on until 10:30 p.m. The City Council may wish to discuss the hours of operation, because this site abuts residential on both the east and west. Netting The site plan also indicates that protective black netting will be installed around the driving range. The nets will range from 50 to 75 feet in height. In the P zoning district, there are no maximum height limitations. SUMMARY/CONCLUSION In conclusion, Parkview Golf Course is seeking Site Plan approval for the construction of adouble- tiered, 44 station driving range with 70 foot tall lights and 50 to 75 foot tall nets. In conjunction with the driving range, the applicant is proposing to construct an 860 square foot service center and 121 parking stalls. A golf course is a permitted use in the P, Public Facilities zoning district, and a driving range appeazs to be an appropriate ancillary use. However, there is concern with the number of proposed pazking stalls, proposed parking lot expansion front and side yard setbacks, lack of screening of the proposed parking lot expansion, and the proposed hours of operation. The acceptability of a driving range and service center building at the Parkview Golf Club is considered a policy matter to be determined by the City Council. ACTION TO BE CONSIDERED To approve a Site Plan for the construction of the Parkview Golf Course Driving Range and 860 square foot service center with surface parking located at 1310 Cliff Road in the NW '/a of Section 34. If approved, the following conditions should apply: 1. The parking lot expansion shall maintain a 20 foot front and side yazd setback. 2. A landscaping screen three feet in height and 75 percent in opacity shall be installed along Cliff Road and to the east of the new pazking lot abutting the residential property. 3. Hours of operation shall be limited to 10:00 a.m. to 9:00 p.m. /36 Mike Ridley Parkview Golf Course Driving Range March 14, 2002 Page 4 4. Outdoor speakers shall not be audible from adjacent residential properties. 5. All parking lot light poles shall be limited to 20 feet in height and all fixtures shall be shielded to reduce glare. 6. A photometric plan shall be submitted with the building permit application for staff review. /3 ~ 0 tayam Boundary Location Map ~ ~ NarIIM ~ s~naln~ rootprirtt ~~. d . ,, ~ + ,+ • f , ~'~ , ... + +~ ~ . , 1 • 4 r • ~ A • ~ E • t ~ • F i. ~ as ~- • ~ ~ • ~ ~ 1 ! A i ,( * •~ a ~ • • ~ • ~ ~ ~ _ • 3J a • • + ~ ~ •~ ~• a a~ ~ ~ ~ ~ ~ as •• J ~ Siit' ~ ` ^ ~ a ~ • •aa • ~ : ~ • ... ~ ~ ~ ~ • + ~ ~ ~ 1 ~ t w ~ ~ • ~~ • / ~ ^ ~ t• ' ' i 1 m • ~ t ' ~ Subject + • 7ts;d w ~ . • • ~ + •• Site i ,. ~ _ .• ~ ~ '~ ~ ~ ~ ~ + ~ ^ e ~ ~ ~ ~f ss~ ~ ~ ~ I L ~ ' ~ • I ,¢ I + +~ I ~j f G ~ t ~ • • " ~ ~ . . R ~ ~ ~ c+/" 1e • 1000 0 • 1000 2000 Feet Development/Developer: Parkview Golf Club Driving Range Application: Site Plan Revie Case No.: / 2 Q' IWP Praparea ul 9iSI hcVlsw 11. Parcel 6aee nap dtla pralded by l>~ ~+b ~~~Y ~~ and N aarart as d October 2007. N City of Eagan TNIE MA- la INTENDED FOR REFERENCE U7iE ONLY E ILA 1 N ~J E S O T A Tha City of Eaoam and Dakota County ao not oaarantoo tAa aeeancy of lhts Information and ran eernmuNty D.v.lopm.nt D.partnunt not raaponsibla far anon or omisaloma. Parkview Golf Associates, LLC 1310 Cliff Road Eagan. i~fN 55123 March 7, 2002 City Of Eagan 3830 Pilot Knob Road Eagan, MN 55122 (651)681-4600 RE: Parkview Golf Course Driving Range Project Dear Mayor Awada, Council Members & City of Eagan Staff: Phone: (651)454-9834 Fax: (651)452-7415 Parkview Golf Associates, LLC ("Parkview") purchased the Parkview Golf Course from Mr. Don Larson in September of 2001. Prior to and after the above golf course purchase, the managing partners of Parkview had several conversations with city officials outlining our goals, including the importance and desire to add a driving range to the Parkview Golf Course. At this time, Parkview is requesting approval from the City of Eagan for the construction of a fast class driving range facility to compliment the existing golf course. This request is based on the following: • A driving range would be consistent with the existing zoning and current use of the property. • Based on our multi-million dollar investment, the addition of a driving range is a crucial component to the ongoing financial viability of the course. • The revenues created by a driving range help to insure Parkview's commitment and the community's desire to keep Parkview functioning as a golf course and not under another use that may be less desirable to surrounding neighbors. • The addition of a driving range provides for an additional revenue source, allowing Parkview to continue to offer a very low cost, affordable 18 hole golfing experience to the residents of Eagan and other surrounding communities. • The driving range would provide a valuable asset to the community. A full service driving range would provide both practice facilities as well as individual and group instructional classes, allowing any level of golfer to improve their game and have the most enjoyable golf experience. The range would also address Parkview's goal of enhancing it's youth golf, high school golf team facility and program offerings, as well as the possibility of creating golf programs in conjunction with the City of Eagan's Parks and Recreation Department. • Establishment of a year round practice facility, allowing the City of Eagan and surrounding communities the ability to practice and enhance their golf game during the winter months. By approving this project, the City of Eagan would further demonstrate its commitment to provide the community with positive, unique and desired activities that wculd be available for all to enjoy and benefit from. Project Design Process: Parkview fully recognizes the importance of the planning process. We have already taken a very proactive approach in our planning process to make sure the following goals are achieved: - The project is designed and built to fully comply with all City building codes and ordinances. - The process has included meetings between Parkview and it's neighbors, customers and appropriate city officials. - The design and construction process has been sensitive to the concerns of the neighboring residences. - The finished range will compliment and enhance the existing golf course. - Our goal has been to design a first class facility with the features and amenities requested and demanded by our customers, and furthermore a facility which will greatly benefit the community. /39 In keeping with the above objectives, Parkview has retained Mr. Garrett Gill, of Gill Miller Golf Course Architects to spearhead the design and planning of the proposed driving range. Mr. Gill and his firm are nationally recognized leaders in their field with driving range and golf course design experience throughout thz United States. Mr. Gill, after careful research and outside input from Parkview staff, customers and neighbors. has prepared a detailed plan for your review. The following information will outline the design and features of the proposed driving range. Community Meetings: Parkview has made a commitment to be sensitive to the concerns of our neighbors, customers and members of the community. We have encouraged outside input• through our hosting of meetings with the Parkview neighbors, customers and City officials. After distributing notices to all of the residences within a 500 foot radius of the Pazkview property, a community meeting was held Thursday February 28`x, from 5:30 to 7:00 P.M at the Parkview clubhouse. Additionally, another informational meeting was held February 6, 2002 for the Parkview season pass holders and Parkview customers at large. During these meetings, Parkview management and staff from Gill Miller Golf Course Architects were on hand to give a detailed presentation of the driving range project and answer any questions and address any related concerns. Seven neighbors attended the February 28`~ information meeting and 30 people attended the February 6, season pass/customer meeting. Both meetings received very positive feedback from the attendees, with no parties raising any objections to the construction of the driving range project. This proactive approach has demonstrated our sensitivity to all outside parties, and is further validated by our proposed driving range design, which addresses these concerns by implementing design features at an increased cost to Parkview. Range Dimensions: The entire range would be approximately 260 - 270 yards in length, x ?5 yards in width. Range Placement: The range would be located on the northeast area of the Parkview property, next to an expanded parking area, between the 15t and 2"d / 3`d holes on the course. Our initial research dictated the placement of the range in the most northeast area of the property, adjacent to the residential properties to the east of the course (see enclosed preliminary plan). This design would provide for the best construction economics and land utilization. However, due to concerns that this location may be problematic to the adjacent homeowners, it was decided at additional cost to Parkview, to locate the range further west, to maximize the buffer zone between the range and adjoining homeowners. The east edge of the proposed design is approximately 260 feet from the adjacent residential property lines to the east, and 310+ feet from the closest home. The hitting area and driving range service center/pro shop would be located adjacent to the parking area providing easy access to the facility. RANGE FEATURES: Hitting Stations: The proposed design will include 44 hitting stations. (22 rear stations and 22 front stations.) To make the economics of a driving range viable, 40 - 50+ stations are typically desired. To make the best use of available land, most ranges now construct a large two-story hitting station structure. Based on feedback from the neighbors and to avoid the concerns of a lazge obtrusive structure standing almost 30 feet above grade, a decision was made to proceed with the proposed design. This enhanced design has the front hitting stations constructed six feet below the surrounding grade, and the rear hitting stations only six feet above the surrounding grade. This design will accommodate the full 44 stations in a rear and front design, without the need to construct a tall two-story structure. The proposed configuration also includes a 35 yard deep natural turf hitting area for the back tees. Parkview proposes to cover some or all of the back hitting stations with an amactive canvas type awning to provide protection to these stations during periods of excessive Burr/heat and rain. Parkview may design this canvas awning in such a way that it can be removed in the winter months. The front hitting stations will be almost invisible to anyone looking at the driving range from the north or the side areas. These front stations will have the ability to be partially enclosed with radiant heat, providing comfortable year round use. There will be a permanent canopy built over the front stations for weather and safety purposes. This design will allow the hitting station areas to blend in nicely with the surrounding existing course features. Parking Lot: Based on the additional parking needs, we plan to make provisions for up to 121 additional parking stalls. This would be done in either a one or two stage process: - Full expansion of the 69 stall area and 52 stall area all at once; or -Initial expansion of the 69 stall area immediately, and the 52 stall area at a future date when necessary. /~D The parking area would have curbs, be paved with asphalt and striped. We would plan to install lighting, designated handicap parking spaces and signage as required. Range Lighting: Atypical range will have lights to allow operations afrer dark. This is most easily achieved by placing the necessary lights at the rear of the range on poles approximately 65 feet above the hitting area. The lights are positioned in a downcast position to direct light onto the hitting and range areas, while minimizing any ambient light from projecting onto the surrounding-range azeas. This lighting configuration would not cause any of the range lighting to be cast onto the neighboring homes to east at levels greater than that allowed by code. Parkview has prepared detailed photometric plans for the City outlining the proposed lighting plan, including the lighting levels realized from the range lighting system on the neighboring properties. Netting & Pole System: To provide adequate containment of the golf balls and protection to the players on the surrounding course, a typical driving range will be surrounded by a pole and netting system. Atypical and cost effective system would include wood poles stabilized with guy wires, with netting attached to the wood poles. To ensure Parkview's netting and pole system most effectively blends into the surrounding course, we plan to take the following steps: • Install High quality non-guyed painted steel poles. (The poles will be 50-75 feet in height around the hitting area and along the last third of the southern end of the range area, and 75 feet in height along the middle portion of the range). • Install high quality black netting. This black color has the best blending characteristics causing the netting to be the least visible. This more expensive netting system will require less maintenance and minimize any unsightly tears and frays. • Plantings of various shrubs and trees would be done along the exterior netting system line to further soften the view of the netting and pole system. Range Hitting Features: • 35-yard natural turf and mat upper hitting area. This is a much desired feature, as many players prefer to hit off of natural grass. • Lower hitting stations will be designed for potential year round use. • Two practice sand traps in the lower hitting area. • Six artificial turf target greens. • Fully irrigated driving range area with provisions for appropriate drainage. • Full 260+ yard depth, allowing use of all clubs. Driving Range Service Center: To provide the highest level of service and convenience to our customers, our plans propose the construction of an approximate 700 square foot service center. This small free standing building would provide driving range related services including range balls, a range ball washer, restroom, pro shop and golf school /classroom facilities. The service center would be constructed with a similar design and materials to match the existing clubhouse. (Earth tone split face block and cedar siding exterior, please refer to service center design plans for more detail). Projected Construction Timeline: It is the goal of Parkview to construct this project in a manner that provides for minimal disruption to both the Parkview golf course and it's neighbors. The projected construction time line would be as follows: March: Final Plan approval obtain building permit. April -May: Landscaping improvements to golf course for repositioned greens and tee boxes. This would include the construction of new tee boxes for holes 4 and 5, and the construction of new greens for holes 2 and 3. June-July-August: Various plantings, possible installation of some utilities in August. Allow new greens and trees to grown in. September: Re-direct course play to new tee boxes and greens, excavate areas for new parking, service center and driving range. Install required additional utilities, start construction of service center, install netting and light pole footings. /~/ October: Perform final grading, seeding and landscaping of driving range area, Complete construction of parking area, start interior finish work to service center, finish work to hitting areas, install light and netting poles and light fixtures, complete retaining walls and landscaping around the hitting areas. November: Full completion of project, final inspections, complete punch lists. Open range for operations. After reviewing the above information, Parkview is confident that it has taken all reasonable measures to work closely with the community, neighbors and City of Eagan in the planning and design of our proposed driving range facility. Parkview has paid close attention and realized significant additional expense in order to be sensitive to and successfully address the needs of our neighbors. This process has insured that our project delivers a first class driving range facility, has a positive impact on the community and minimizes the impact to our surrounding neighbors. The need for this facility is equally important to insure the financial viability of the golf course, and Parkview's ability to maintain it under this type of use. All of us at Pazkview are fully committed to this process and look forward to working with the City of Eagan and it's citizens towards the successful approval of this project. We have prepared and provided comprehensive plans, including pictures of driving ranges with similar netting and pole systems. We hope that this letter and the plans provided will give you all the detail needed to fully evaluate the project. We will be happy to address any further questions at the March 22"d City Council meeting. In the meantime, please feel free to contact us with any questions prior to the City Council meeting. Thank you. Sincerely, PARKVIEW GOLF ASSOCIATES, LLC ~~- RQ6ert Zakheim Todd Geller Shane Korman Partner/Governor Partner/Governor Partner/Chief Manager iy~ - _. - y ,- - "`1 e0 eo ~! Q O ~ C ~` r ~ y _ g . . ~ ~ ~" ~" t U l~i F s II j ,r - -~ ~ C7 .y aa. ~ Az s - I "~ O o 1 ' -_ .. <'~ n it '~ ~j 7~ j~! g 2 t ~ ,~ ~' ~ ~ O ~" > to Se ~s ~1 ~~ ~ ~ ~ ~ e ~ ~~1 $ U ~ ~ /~ ~~ Q ~ B a =~ ~e77t ~ 1, '£ ~, L~o~ i ~\ _ ~ >, }I 1 - ~ ~yv r x <~ (_~.. ~,1 ,\ ' ~ t~ ~ ~ ~ w t~ ~ ~ Z l ~ t_ ~ r ,i. -.aa 1:- L t ~. ~ ~ t f :.l 1 ~ S, ~~ i ~ ~ a i _ \\ ~ E ool ~, ~ ~. 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I I I ,aY ~ x j~ 1\ // `~ , ~. • , , =.s . ~ ,~ _ a s ~_ ~ ,: - _ .. , ,~ S .t' ' ~ a Y ~~ _ ~~ m t , ` ~ I a ~, -, I ~ I ~ ;D~` J~ I I G .4t _ ~ ~ ~ , Q ~ ~ ` I `~ ~ I ~ i /ys Z O •-•~ Q W J W O ~.. w ~, W~ Y/ i W U cam. Cc C~-• z x ~ - H M w ~ r ~~ L r U • E. 1`" 1 =~ .. ~, ~ x ~ U • / ; 0.. ~ ~1 ~ ~ U ~ 1 . ~..~ --~+ . . r, • ^~ A ~1~/ V~ u !~'~ J O v ` U ~ ~ ~ ~ ~ r V ~ .. ..•.+ C~ ^ r1 ~ T W U W O oC W Z Q W U U Q W 0 U J W Y Q L ;~+ a~ a~ U ~ C ~ S ~ .~ Q ~ ~ __ O ~ ~~ Q.~ ~~_ X .~ W > rn a~ c s .3 N {.. c 0 a~ N .~ w~ /y c U w W Z Q ;- W U U Q w OC O U J O w Y Q C a~ U tLS fl. ~ ~ .C .~ ~~ ~~ O ~ N= ~~ ~ ~~ x~ w ~? c a~ c rn 0 a~ a c~ x w ~~ ~ \ Minnesota Department of Public Safety ALCOHOL & GAI\IBLING ENFORCEMENT DIVISION ~~ ~ ~ 4-l~ Cedar St., Suite 133, St. Paul. MN 55101-5133 (651) 296-6439 TTY (651) 282-6555 a ~ www.dps.state.mn.us/alcgamb/alcgamb.html ~ ~~ RENEWAL OF CONSUMPTION & DISPLAY PERMIT Permit Fee $150 (Renewal Date: April I) MAKE CHECKS PAYABLE TO: ALCOHOL & GAMBLING ENFORCEl~1ENT DIVISION 2876 PUBLIC Golden T. Inc. Grand India Restaurant 1260 Town Centre Dr Eagan, MN 55123 IF NAME AND ADDRESS SHO`VN ARE NOT CORRECT, MAKE CHANGES BELOW_ ._ -... ~ »3 Worker's Comp Ins. Co. t~1~CA ~hv'cxP ~ t~hc~,{a,P.olicy No. pjt nth ~ -b $oOlf Policy Period 2 '- ~ ~ >r L City/County where permit approved: C. ~ C /4 N Permit Name: f ~~ ~ ~ Trade Name: ~ Location address: ~'~ O ~ C" `t'R~ may' City, State, ZIP Code: ~1 ~ Business Phone: j • ~ g~ . ~ G By signing this renewal application, applicant certifies that there has been no change in ownership, corporate officers, bylaws, membership, partners, home addresses, or telephone numbers. If changes have occurred during the past 12 months, please give details on the back of this renewal, then sign below. Annlicant's signature on this renewal confirms the followine: Failure to report anv of the followine will result in tines. 1. Applicant confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 2. Applicant confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state of local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 3. Applicant confirms that daring the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 4. Applicant confirms that Workers Compensation insurance is in effect for the full license period. 5. Applicant confirms, no club on-sale intoxicating liquor license is held. 6. Applicant confirms business premises are separate from any other business establishment. . Applicant Signature ~C,~\1~,~1h~ \25~~ ~~_=~ Date ~ ~ ~~ ' OL (Signature certifies all above information to be correct and p~I-rrtit has been approved by city/county.) City Clerk/County Audi[or Signature Date (Signature certifies that a consumption and display permit has been approved by the city/county as stated above.) PS09097 (Ol/00) Amount Received ___# ~~ ~'' - ~~ 4 N c~ c S m .g L ~~ ~ -- .. C~~ ~ ~~~ r ~~ %~ 0 oT ~ ° ®~ W r ~ JJ~ U ~ a~~. yy ~~~ Q ~~ v , ~l ~ Z _. _ ` \` O ,~ N ~..~ a x ~. ~~, _ c _ ~~ ' _ _ r ~~ ~ ~ 0 W ~ `/ ~ ~1 v ~ ~ \ O ~ Y OI J 1d1^\^ U' M k Y k~ ~ k x ~' „ o m S ~ - $ ~ vevevrev! t •--....... ~ r_razueal~ ~ uen[rav! 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