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02/15/2000 - City Council Regular AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING FEBRUARY 15, 2000 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE 1 Boy Scout Troop 171 will lead the Pledge of Allegiance II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. RECOGNITIONS & PRESENTATIONS .Z A. RECOGNITION of Advisory Commission Members' Service ;0-3 B. AWARD to Cable Access Facility Staff from U.S. Navy V. DEPARTMENT HEAD BUSINESS (BLUE) VI. CENSUS 2000 UPDATE (BLUE) VII. CONSENT AGENDA (PINK) 3 y A. PERSONNEL ITEMS 6 B. EXEMPTION from lawful gambling license, Apple Valley Chamber of Commerce to conduct a raffle on March 31, 2000 at the Royal Cliff Banquet Facility O C. EXTENSION for recording the Final Plat of Gramercy Park of Eagan - Gramercy Corporation D. EXTENSION for recording Conditional Use Permit - Tyler Jay Company ~w t E. RECEIVE feasibility report/schedule public hearing, Project 750 (TH 55 @ Blue Water Road - South Frontage Road Street Improvements) P 1 a F. APPROVE Revocation of Restricted Access Agreement - Old Sibley Memorial Highway p, y G. APPROVE final payment/authorize City maintenance, Contract 98-01 (Southern Lakes Water Tower) 5-H. ACKNOWLEDGE completion/authorize City maintenance, Project 98-FF (Gardenwood Ponds 3rd Addition) I. RECEIVE feasibility report/schedule public hearing, Project 788 (TH 3/Gardens of Eagan - Utility Improvements) J. APPROVE resolution of support for federal funding application, Project 768 (Northwood Parkway Ring Road - 35E Overpass) p p K. AWARD bid for indoor surface for Civic Arena / / L. CHANGE ORDER, Fire Station No. 2 ~p M. LICENSE RENEWALS for the year 2000, tree contractor VIII. 6:45 - PUBLIC HEARINGS (SALMON) P a,3 A. PROJECT 680, Cliff Road (Street Reconstruction Improvements) IX. OLD BUSINESS (ORCHID) A. CONSIDER 60 acre land acquisition for Central Facilities Property P ..B. CONSIDER Membership, Dakota County Economic Development Partnership C. SUBDIVISION, Inver Grove Heights - Betty Allen Property D. COMMERCIAL/CONSTRUCTION-DEMO residential trash hauler license for New Earth Services X. NEW BUSINESS (TAN) 113A. REZONING of five acres from A (Agricultural) to R-1 (Single Family) & PRELIMINARY / SUBDIVISION, Daniel & Deborah Goetz (Goetz First Addition) to create two single family lots, located at 1260 Deerwood Drive in the SW 1 of Section 22 B. RESOLUTION calling for public hearings on establishment of an economic development / authority and adoption of an enabling resolution and establishing development district for site to be acquired - Central Facilities Property XI. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) XII. ADMINISTRATIVE AGENDA (GREEN) XIII. VISITORS TO BE HEARD (for those persons not on agenda) XIV. ADJOURNMENT XV. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. Updated 2/10/00 - 2:00 p.m. U T E S W D G ; D G OF THE ' C-Owc. IL Eagan, Minnesq. February 1, 209Q„ A regular meeting of the Eagari?f;:,oxiu~J on Tuesday, February 1, 2000 at 6:30 p.m. at the Eagan Municipal Center. Present wa an d Councilmembers Masin, Blomquist and Carlson. Councilmember Bakken was absent on military leave. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. Councilmember Blomquist moved, Cott nembe# rlson seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 .0 T Councilmember Masin requested the following change to the fifth and sixth sentences in the first paragraph under Visitors To Be Heard on page one, "She further said that the City Council is the board of virtually a multi-million dollar operation and yet there are no set rules to follow and added that Council responsibilities are not clear: She stated that the Council needs to bring their process and behavior to a level commensurate to the responsibility;# 4lare as a City Council." the level should be at. She also requested a change to the'fo'iti€t :sg crtA the second paragraph under Visitors To Be Heard on page one as follows, "Councilor er Ivlasift~sE 1f that if anyone were to check her record while on the Council they would see that she: obabjy a tct~i 9; ore meetings within the community and has done more public outreach than 'virtually any Councilmember outside former Mayor Egan." She further requested the following change to the first sentence in the fourth paragraph on page two, "Ann O'Reilly said that she has known.Councilmember Bakken during high school, law school and in a professional capacity and thinks of tim as an upstanding citizen." She requested the followingtY:;he seventh sentence in the second paragraph under City Council Meetfr[g-#eitfsee:b7t~}~3~ge:, "The City Administrator responded that Eagan's current process is an anomaly." She also requested the following chang X) the nii and tenth sentences in the second paragraph under City Council Meeting Procediae~s on pa;: "Councilmember Masin said that City Administrator Hedges has polled several municipalities arit?sked if there is any community that does not allow items to be pulled from the Consent Agenda or if any community requires a majority vote to separate items from Consent. r-egff ding their- pr-eEedvre fegar-ding the Consent Age . City Administrator Hedges stated that he-was not aware of how other- Eities use the Consent Agenda and any and added that a sampling of other communities was done and added that he will:ypvide a survey of those results." " Mayor Awada requested the #pRgv.ngcan a tg MW eighth sentence in the second paragraph under City Council Meeting Procedt9;A~,~,t3Awada reiterated that items may be pulled from the Consent Agenda by a majority'vttsiii4'fil1.itsir't'he Council follows Robert's Rules of Order is because certain members of the Council were pulling t44:aany items from the Consent Agenda in their effort to grandstand on an issue." She also requested the following change to the last sentence on page 13, "Mayor Awada stated that the definition of non-controversial routine items has changed and not the use of the Consent Agenda nor what is on the Consent Agenda and, in her opinion, the issues that are being pulled are non- controversial and have been that way for 20 years." She requested the first full sentence on page 14 be deleted," EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 1, 2000 PAGE 2 Mayor Awada moved, Counci iember Carlson seced a motion to approve the minutes as amended. Aye: 4 Nay: 0 iS fF ~ CAI h?I #Ill Councilmember Masin requested that the second to the last sentence on page five be changed as follows, "Councilmember Masin suggested that this is a City Council job profile list respey." Mayor Awada moved, : b : p corded a motion to approve the minutes as MR. amended. Aye: 4 Nay: 0 OF TUF JA it... 11, 2OO AL h l iG Mayor Awada moved, Count fled a motion to approve the minutes as presented. Aye: 4 Nay: 0 3EPARTMFNiTHEAD BUS SS RECOGNITION OF SPORTS PROGRAM SUPERVISOR AND CASCADE BAY FACILITY MANAGER City Administrator Hedges prov're :Wk* _kri iew on this item. Director of Parks and Recreation Ken Vraa recognized Sonya Rippe ori'reee}irlfig Ike Presidential Citation from the Minnesota Recreation and Parks Association and Krist;{rgan for her.;r.4ipt of the Award of Merit from the Minnesota Recreation and Parks Associatioli.: Sports Program Supervisor So ppethanked the City Council for allowing the staff to be part of the Minnesota Recreation and Parks Association. CENSUS 2000 UPDATE City Administrator Hedges noited.tlt the.CRV,nt on Eagan 2000 Census Readiness Event would be held on February 8 at 6:00 p.m. at ation Building. ts;3NS AO A. Personnel Items Item 1. It was recommended to approve the hiring of a person to be recommended for hire as a part- time Receptionist in the Police Department. Item 2. It was'recommended to approve the hiring of a person to be recommended for hire as an Administrative Specialist in the Parks & Recreation Deparp'b* t. Item 3. It was recommended to approxo.4h9~.bic n~Af J;pty ,S. uber as a part-time Building Maintenance Worker at the Municipal Center. Item 4. It was recommended to accept the letter of resignaifGdi from Combination Building Inspector Bill Adams. Item 5. It was recommended to accept the letter of resignation from Mary Jenson as a part-time Receptionist/ Clerical Tech II for the Finance Department. Item 6. It was recommended to accept the letter of resignation from CSO Stacey Conley from the Police Department. EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 1, 2000 PAGE 3 Item 7. It was recommended to appro the hiring of Amy , Michelle Matters, Rebecca Gordon and Molly Towle as seasonal lifeguards at fade Bay. Item 8. It was recommended to approve't 1u p% ( i r a Whitney as a seasonal lifeguard shift leader at Cascade Bay. . Item 9. It was recommended to approve the hiring of Jennifer Lopac and Joe Huettl as seasonal concessionaires at Cascade Bay. Item 10. It was recommended to apprij>7itj Piehl as a seasonal guest relations worker at Cascade Bay. Item 11. It was recommended to approve the of Kentz as a seasonal Sports Program Associate. Item 12. It was recommended to approve the hiring'ol<S iare Morin as a seasonal warming house attendant. B. Project 787, receive feasibility report /schedule public hearing (Chapel Hill Baptist Church - Sanitary Sewer & Water Improvements). It was recommended to receive the draft feasibility report for Project 787 (Chapel Hill Baptist Church - San . jt.$gwer and Water Improvements) and schedule a public hearing to be held on March 7, 2000. C. Contract 98-01, approve Change Order I_ e. 2, Soul ieYA Lades Water Tower. It was recommended to approve Change Order No. 2 to Contract 9 p1 (Sou4liei ?Nit's Water Tower - Trunk Water Improvements) and authorize the Mayor execute all related documents. D. Project 745, approve Settlement Aseeriient - Pavlik, Blue Gentian Road. It was recommended to approve a Settlement Agreement for Parcel 10-00200-040-26 (Pavlik) regarding the property acquisition cost for Project 745 (Blue Gentian Road - Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. E. Construction/ Demo trash hauler kQW • alf year 2000, Coolidge Trucking. It was recommended to approve the cons trtbCt eitvii3; .;u3 r license renewal for the year 2000 for Coolidge Trucking. Councilmember Carlson moved, Mayo,, ada se o ided a motion to approve the Consent Agenda. Aye: 4 Nay: 0 ADOPT RISK MANAGEMENT PLAN, CITY WATER TREATMENT FACILITIES. City Administrator Hedges provided an overview** this item. Director of Public Works Colbert gave a staff report. Superintendent of Utilities Wayii Schwan provided a summary of the management plan. Councilmember Blomquist asked if there was a play for other are as in the City where lesser amounts of chlorine are stored. Superintendent of Utilitichwan stated that all City buildings that use chlorine have been inventoried. He noted that Cascac ',Ray uses a liquid bleach solution. Council.member Blomquist said that she has received two complaints about the chlorine smell from neighbors living adjacent to Cascade Bay. She asked if there is a preparedness plan for Cascade Bay. Schwan stated that the liquid chemical used at Cascade Bay is secure within its own building and if a leak were to occur it would be discharged into the sanitary sewer system. EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 1, 2000 PAGE 4 Councilmember Carlson movff *openthe publi..... ing to accept public comment. Jeff Gregory, 1322 Deercliff L,ai3rxpressed conceit:stbout the chemicals stored at Cascade Bay and the potential impact to the neighboi . 6t of the fa e further said it would be proper and courteous to include the storage areas wi . to the neighbors in the plan, He further expressed concern about the exhaust stack 6if 1-:6 fig housing the boilers. Director of Parks and Recreation Vraa noted that liquid chlorine bleach is used at Cascade Bay for safety reasons. He added that the bleach is contained in a non-pressurized tank that is encompassed by a double-walled system and endosed nabxi~kbV31,av1,g.. a reiterated that if a leak were to occur the liquid would be discharged into tli;.R.:jr'gfi•'': Councilmember Masin said that the resit~t'iits have iced the chlorine odor. Vraa stated that the chlorine smell is not from the storage/mixdniiilding laaktTather emanates from the water and is an indicator that the bacteria are being ~ Councilmember Carlson movei;Councilmedib i'Iasin seconded a motion to dose the public hearing and adopt the Risk Management Plan for the City's two Water Treatment Facilities. Aye: 4 Nay: 0 PROJECT 740, FINAL ASSESSMENT HEARING, SILVER BELL ROAD (STREET R {QN5TRUCTION IMPROVEMENTS) City Administrator Hedges provicied`aiit:t>?x:on this item. Director of Public Works Colbert gave a staff report. Councilmember Carlson moved, M3jio :i? U:s` tonded a motion to approve the final assessment roll for Project 740 (Silver Street Reconstruction Improvements) and authorize its certification to Dakota County for col•b* n*. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she dosed the public hearing and turned the discussion back to the Council. Councilmember Blomquist a*: #k• .ditt,xws•epmpleted on the properties being assessed. Director of Public Works Colbert star d:#r:firs•ata,jrsst<l been prepared and added that the developers most likely waived their rights to obigct,to the assessments with the execution of the development agreement. A vote was taken on the motion. Aye: ~-:lay: 1 ('ncilmember Blomquist opposed) VARIANCE, U-LINE INC. TO EXCEED THE ALLOWED BUILDING LOT COVERAGE OF 35% BY 1.6% ON LOTS 1 AND 2, BLOCK 3, EAGANDALE CORPORATE CENTER, LOCATED AT 985 ALDRIN DRIVE IN THE SW 1/4 OF SECTION 11 City Administrator Hedges provided an overview;gi}.this item. Senior Planner Ridley gave a staff report. . Counciimember Carlson movbi;~aji23t:Aiiaiti3sf:9e[ded a motion to approve a Variance to allow 36.6% building coverage on property located at 985,drin Drive, legally described as Lots 1 and 2, Block 3, Eagandale Corporate Center, in the SW 1/4 of SE t •5 11 subject to the following conditions: 1. A landscape plan shall be submitted with the application for building permit and will be subject to staff review for compliance with the City Code. 2. The building addition shall be constructed of materials to match the existing building. EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 1, 2000 PAGE 5 3. If within one year aftt ati lie vaiiai 3;$hall not have been completed or utilized, it shall become null a*I:void unless a petiti'tift or extension has been granted by the Council. Such extensid*shall be requested. writing at least 30 days before expiration and shall state facts sh';w er a good fait $ti;pt to complete or utilize the use permitted in the varian.t : Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she dosed the public hearing and turned the discussion back to the Council. A vote was taken on the motion.. Ay...4. Nay: 0 APPOINTMENT, SOLID WAWE ABAW. TENT COMMISSION City Administrator Hedges pfi:atiov?K:tri this item. Councilmember Masin moved, Coundlmember Blomquist seconded a motion to appoint John Tapper to the business representative position on the Solid Waste Abatement Commission. Aye: 4 Nay: 0 .itT BUSEa$ WAIVER OF SU #:;q.MARKER & MORAN 837 ANIY41 GREA`f' t3 S TRAIL City Administrator Hedges proyjcl:;i iti?i+'iew on this item. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Blomquist seconded a Waiver of Subdivision requirements to adjust the common lot line between Lots 27 and 28, Block 1, Great Oaks (841 and 837 Great Oaks Trail) located in the NE 'It-of Section 14, subject to the following conditions: 1. The applicant shall f tec It Utigt >A;~tt#~or a lot combination to combine Lot 28 with the small portioi::2•*r;:VbC2 t Oaks, for tax purposes and proof of the filing shall be submitted to the within ;60days following City Council approval of the Waiver. Aye: 4 Nay: 0 PLANNED DEVELOPMENT AMENDMENT/FINAL PLANNED DEVELOPMENT OAK VIEW LLC (COMFORT INN) City Administrator Hedges provided an overview:c ythis item. Senior Planner Ridley gave a staff report and explained that the request constituted a dtt} on to a performance standard of the Preliminary Planned Development. Mayor Awada opened the it A representative of Amcon stated that the hotel IT"-ously proposed was a Red Roof Inn but has been changed to a Comfort Inn. He noted that the heigliifof the hotel had increased from three to four stories. Councilmember Carlson stated that when the PD was originally approved it was the understanding of the residents that this area was guided NB. She expressed concern with the hotel increasing from three to four stories and that a four story hotel at that corner is more intense than what EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 1, 2000 PAGE6 the neighbors had anticipated when O i iewCenter Planne4 bevelopment was approved. She also expressed concern about the proliferai$tt of hotels in the Cify:•~ The applicant stated that the %foo 14 is;ler than the original Red Roof Inn layout. He said they are sensitive to the neighbotiijgq& ed that the grade of the property is approximately 10 to 15 feet below Lone 0 % &ft$'aiditionally, the building is set back further than required by Code in an effort to have less impact on surrounding properties. Councilmember Carlson expressed concern about the intensity of this proposal setting a precedent for future development withiptbi6 ' Mayor Awada stated that the long-trnuseo,s area will be commercial. She added that quality development within this PD will pr6liilfte succesW redevelopment of the area. She said that she did not have an opinion regarding the tin ofgtrth story to the hotel. Councilmember Masin said sli ? 4iio sup lddf' :t . evelopment because there was no opposition expressed. She suggested tfie •(ouncil rev~e hotel industry. Councilmember Carlson stated that she would vote against the PD amendment because she was not in favor of the increased intensity of the hotel. Councilmember Blomquist a.with Councilmember Masin and suggested including Ann Carlon with the Eagan Convention ani V % o RvTeau and representatives from the Police Department discussions regarding the hotel industry. Mayor Awada moved, Councilmeber Mas}p.seciri d a motion to approve a Planned Development Amendment/Final Planned 1 6s r# €:2e~ llow the construction of a four story, 78 room, hotel upon 1.9 acres of land loc:~42i;$#>#iof tone Oak Road and east of TH 55 on property currently platted as Lot 3, Block 1, Oa irkty (enter in the northwest 1/4 of Section 12 subject to the following conditions: 1. The applicant and/or.developer shall enter into a Final Planned Development Agreement with the City prior to building permit issuance. 2. The following exhibitii2iyt:c~cC'fial Planned Development Agreement: A. Final Site Plan B. Final Landscape Pla>}; C. Final Building Elevat3y4s and S>ge Plan D. Final Lighting Plan f 3. A temporary turnaround easement shall be acquired and a temporary turnaround shall be constructed within the adjacent easterly property (Lot 2) at the eastern end of the site's northerly parking lot. 4. The applicant prepare and the City Attonri*y-*eview and approve cross access easements upon Lot ficth¢a:: 5. The Landscape Plan sliXW revised toincorporate the following: A. A total of 15 mitigate tree!: B. The planting of more salt resistant trees along Highway 55 as determined acceptable by the City Forester. 6. City Officials find the proposed building height to be acceptable. 7. All building, parking/drive aisles, and landscaped areas shall be properly maintained. EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 1, 2000 PAGE 7 8. All exterior lighting sl> f be hooded and dii ''led to deflect light away from adjacent properties and rights-oT, ay. 9. All rooftop mechanical it;kce##,Creened from view of all public rights-of- way. et , 10. The hotel's front desk shall be staffed 24 hours a day. 11. City Officials find the p rased wall signageon the building's eastern facade to be acceptable. _ • • , 12. Building plans, materials and cdti+3fi•uction Sal be such that they will ensure an interior sound level of 50 dBA. 13. This proposal shall be;le'f?farks and cash trails dedication at the time of building permit. 14. The applicant shall provide pedestrian access to Lone Oak Road at the northwest corner of the site. Aye: 3 Nay: 1 (Councilmember Cax9 c ,o posed) ~•..;pr,.tDt? SCHEDULE SPI AL C>n:... CIL MEETING City Administrator Hedges $ii:Qverview on this item. Discussion occurred regarding scheduling a special City Council me Wig to discuss the Cedar Avenue & Highway 13 Redevelopment process. Mayor Awada suggested that a special City Council meeting be scheduled for the first meeting in March. Councilmember Blomquist said that the Council needs to receive information from staff regarding the discussion and recommendations from the commissions and also in-depth traffic and financial information. Mayor Awada requested des" S1aSai t2cther for Council review and discussion. -pgv Senior Planner Ridley said that staff could incorporate the tstsc force members' preferences into performance standards that could be applied to; l area. Ili or Awada said that a series of meetings will need to be held. Councilmember Blomquist moved, Mayor Awada bnded a motion to schedule a special City Council meeting for March 6, 2000 at 4:45 p.m. to discuss the Cedarvale Redevelopment process. Aye: 4 Nay: 0 Councilmember Masin raised questions regarding.&Qbert's Rules of Order. She questioned if the agenda format was acknowledged at the last meeting ;said that this format should be deleted until after the special meeting is held to discuss meeting plbeedures. She noted that the agenda format was drafted by Councilmember Bakiag*3 o :ot~d it was her intent that it never be a formal guideline for eyeryone. She ft f;,~{Q1d;'~ii2tis no background for number 8.1 of the agenda format. Coundlmember Carlson said that Couneilmembe . sin's issues could be addressed prior to the February 15 regular City Council meeting. City Administrator Hedges referenced page 14 of the January 18 regular City Council minutes which included a motion to acknowledge Robert's Rules of Order as the means to conduct official business at all regular City Council meetings and to continue discussion of the guidelines/handout entitled "Eagan City Council Meeting Procedures and Public Participation Guidelines" for public participation in City Council meetings to a future special City EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 1, 2000 PAGE 8 Council meeting. Councilmember M agi y aii#'f~iat the meerocedures need to be clarified prior to a meeting in March. Councilmember Carlson uesti q .if a work sesXxtould be held prior to the next regular City Council meeting to discuss Robert's lg¢t.pii#Res. Mayor Awada said that it needs to be very dear what the Council will be discuss' it::~:::: Councilmember Carlson commented on the long-term vision for the Cedarvale area and said that a hotel would be a good fit for this area. She expressed concern about over saturating the rest of the City with hotels. She said she would likeft, quncil to re-evaluate the entire City regarding the number and locations of hotels in Eag~:p:7C review this issue and then schedule it for the February 15 special City Council agenda: Mayor Awada suggested that input andtormatio gia the hotel industry be added to the February 15 special City Council agenda.and t Exec ktLii'e Director Ann Carlon of the Eagan Convention and Visitors Bureau shoul{ ki : ii't Al . g f1ng. She requested staff prepare a map showing the locations of all the existing' aric'i'prop osecf'tisftls in the City. Councilmember Masin asked if it would be worthwhile for the EDC and the APC to gather the information and meet with the Council following their review. Councilmember Carlson stated that the EDC should be in charge of this matter initially. Mayor Awada said that it would be in the best economic interest of the existing hotel$ Ihtbe City were not to approve new hotels in the City, which then raises the debate of government it t ,market. Councilmember Masin questioned i€::heED'sicii d'research the matter and then present the information to the Council. Coundlmembei::i arlson Stal:fft11 t she does not want to restrict any market but wants to avoid the long-term possibihty;~f; :itic~>e Mayor Awada said that the issti Would not be scheduled for the February 15 special City Council meeting, but rather the EDC would be directed to review the hotel market. Mayor Awada moved, Councilmember Carlson seconded a motion to schedule a special City Council meeting for February 15, 2000 at 5:00 p.m. to discuss Robert's Rules of Order and meeting procedures. Aye: 4 Nay: 0 V1STTOR TO ASR 3 Robert Barbour, 1461 Richards Court, co . imentet#; ouncilmember Carlson for her defense of her neighborhood against the construction of a p~Scposed hIR3s He said that although he understood and appreciated her concerns he thought that Eagan is phy9ikly located to become a big city and not a small town. He questioned if Councilmember Carlson had any legal or ethical issues with serving on the Eagan Athletic Association Board of Directors. Councilmember Carlson said that she has no conflicts because she is in charge of publicity and volunteers her time and does not monetarily benefit in an$ ly. Mayor Awada said that the oc~3,~ ,:#tox l •T we from the City is the availability of ample parks. Mr. Barbour questioned if it Htb#}A to be part of the Eagan Parks and Recreation program to eliminate duplication of efforts. Mayor Awada said that the City does not have to subsidize the sports because of the number of EAA volitiiE ers. Mr. Barbour said that he was the person that Mayor Awada and Councilmember Carlson laughed at the last time he was at the Council meeting and added that he still holds contempt for the Council. EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 1, 2000 PAGE 9 Councilmember Carlson state3 pmm -was -i;6[ • • • g at Mr. Barbour but was shocked by the accusations he made. Mayor Awaa stated that the laur that occurred was out of shock and she apologized if Mr. Barbour believed th4**e was laughing 4, m. Councilmember Carlson added E;;gdid to serve the EAA organization. She noted that there are 2,000 volunteers affiliated witlY k:e~1d the families and children of Eagan are their main focus. The meeting adjourned at 8:(4 :Afision for the purpose of discussing collective bargaining, the Water Treatment plain}:RSS~tI`!'••'tTg••,•'••ssment issue and the central park acquisition. Present were Mayor Awada and C* *1 almemb Masin, Blomquist and Carlson, City Administrator Tom Hedges, Director of Public Wwks Tonj. lbert, Director of Parks and Recreation Ken Vraa, Director of Finance Gene Van Qye * *nd C:*)orney Jim Sheldon. MLK Date City Clerk If you need these minutes in an alternative Ioii 'Sil 953" rint, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 551 2, (6~1)'6i3~ (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy th:all,psotiWequal access to its programs, services, activities, facilities and employment without regard tQ. religion, national origin, sex, disability, age, sexual orientation, marital status or status with r~7i~ftrublic assistance. {~:r r,.•. MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 11, 2000 SUBJECT: AGENDA INFORMATION FOR FEBRUARY 15, 2000 CITY COUNCIL MEETING ROLL CALL & PLEDGE OF ALLEGIANCE Boy Scout Troop 171 will lead the Pledge of Allegiance. ADOPT AGENDA/APPROVE MINUTES After approval is given to the February 15, 2000 City Council agenda and the minutes of the February 1, 2000 regular City Council meeting, the following items are in order for consideration. Agenda Information Memo February 15, 2000 Eagan City Council Meeting I COGNI.'TIONS &P. SENTATIONS A. RECOGNITION OF ADVISORY COMMISSION MEMBERS' SERVICE ACTION TO BE CONSIDERED: To acknowledge outgoing commission members' service to the City of Eagan's advisory boards and commissions and to present plaques and certificates of appreciation. FACTS: • The following outgoing commission members were invited to attend the February 15, 2000 City Council meeting: Airport Relations Commission - Tom Pedersen Advisory Planning Commission - Larry Frank and Ron Miller Advisory Parks Commission - *Lee Markell (plaque), Bonnie Karson and Robert Douglas Kane, Jr. Burnsville/Eagan Joint Telecommunications Commission - Jerry Sowells Economic Development Commission - *Cathy Clark (plaque), and John Young Solid Waste Abatement Commission - *Floyd Hiar (plaque) *Lee Markell, Cathy Clark and Floyd War have each served nine consecutive years on their respective commissions and will be presented with a plaque on behalf of the City. All other individuals will be presented with a certificate of appreciation. Individuals were not asked to RSVP; therefore, it is not certain how many will be in attendance at Tuesday's meeting. In the event an outgoing member is not present, the plaque or certificate will be mailed. Agenda Information Memo February 15, 2000 Eagan City Council Meeting B. AWARD TO CABLE ACCESS FACILITY STAFF FROM U.S. NAVY ACTION TO BE CONSIDERED: To recognize Cable Access Facility staff for their award from the United States Navy. FACTS: Personnel from the U.S. Navy Recruiting Office will be present to present an award to Cable Access Facility staff for the help that staff has given to that office over the past few years. 3 Agenda Information Memo February 15, 2000 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. PERSONNEL ITEMS Item 1. Building Inspector/Community Development-- ACTION TO BE CONSIDERED: To approve the hiring of Barry Greive as a Building Inspector in the Community Development Department. Item 2. Clerical Tech IV/ Police-- ACTION TO BE CONSIDERED: To approve the hiring of Jill Gilbertson as a Clerical Tech IV in the Police Department. Item 3. Part-time Clerical Tech III/Police-- ACTION TO BE CONSIDERED: To approve the hiring of Katy Jonas as a part-time Clerical Tech III in the Police Department. Item 4. Seasonal Lifeguards/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Molly Angermeyr, Jarrett Capstick, Emily Klatt, John Koniges, Danelle Larson, Tammy Macht, Keri Ragsdale and Rachel Ramaker as seasonal lifeguards at Cascade Bay. Item 5. Seasonal Guest Relations Shift Leader/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Amy Bardis as a seasonal lifeguard shift leader at Cascade Bay. Agenda Information Memo February 15, 2000 Eagan City Council Meeting Item 6. Seasonal Guest Relations Workers/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Eve St. Peter and Ben Elton as seasonal guest relations workers at Cascade Bay. Item 7. Seasonal Concessionaires/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Elisa Swenson and Megan Lindwall as seasonal concessionaires at Cascade Bay. Agenda Information Memo February 15, 2000 Eagan City Council Meeting B. EXEMPTION FROM LAWFUL GAMBLING LICENSE, APPLE VALLEY CHAMBER OF COMMERCE TO CONDUCT A RAFFLE ON MARCH 31, 2000 AT ROYAL CLIFF ACTION TO BE CONSIDERED: To approve a resolution providing for an exemption from the lawful gambling license requirement for the Apple Valley Chamber of Commerce to conduct a raffle on March 31, 2000 at the Royal Cliff Banquet Facility. FACTS: • The City is in receipt of the above referenced application. It has been reviewed by staff and is in order for consideration by the Council at this time. ATTACHMENTS: • Resolution attached on page • Application enclosed without page number. 6 RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE APPLE VALLEY CHAMBER OF COMMERCE WHEREAS, the Apple Valley Chamber of Commerce has applied for an Exemption from Lawful Gambling License; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Exemption from Lawful Gambling License for the Apple Valley Chamber of Commerce to conduct a raffle on March 31, 2000 at the Royal Cliff Banquet Facility located at 2280 Cliff Road in Eagan. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion by: Seconded by: Those in Favor: Those Against: Dated: CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 15`h day of February, 1999. 7 E. J. VanOverbeke, City Clerk Agenda Information Memo February 15, 2000 Eagan City Council Meeting C. EXTENSION FOR RECORDING FINAL SUBDIVISION GRAMERCY CORPORATION FOR GRAMMERCY PARK OF EAGAN ACTION TO BE CONSIDERED: To approve a 90 day extension of the recording requirement for Gramercy Park of Eagan located north of Yankee Doodle Road and east of Coachman Road within the SW 1/4 of Section 9. FACTS: ? The Gramercy Park of Eagan final plat was approved by Council action on September 7, 1999. Such approval established a subdivision recording deadline of November 7, 1999. ? On November 16, 1999, the City Council approved a 90 day recording extension that established a recording deadline of February 7, 2000. ? According to the applicant, the requested extension is necessary to resolve right-of- way dedication issues associated with a future northerly street connection. ? The requested 90 day recording extension would establish a recording deadline of May 7, 2000. ATTACHMENTS: (1) p ? Michael J. St. Martin correspondence dated 2/3/00, page / I V\ N IN' qaUcics L\, I> St It\I ~.lI1(; l*N, Hit 1N\II.,\I-.\I. AVOLI c 'rAAalcrtat(rs. ~/LC \I I(.I I \I'., II - ;1 February 3, 2000 Mr. Bob Kirmis City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: Gramercy Park Eagan Eagan, Minnesota Loucks Project No. 99-130 Dear Mr. Kirmis: On behalf of the developer, Gramercy Corporation, we are requesting an extension of the plat approval of GRAMERCY PARK OF EAGAN, which the city council approved on September 7, 1999. The plat has been approved by the county surveyor and mylars have been made; however, the plat has not been recorded. We are revising the plat to dedicate right of way on the northeast corner of the site, per request of the Engineering Department. This right of way could be for the proposed road though Quarry Park. Please call if you have any questions or comments. Sincerely, LOUCKS & ASSOCIATES, INC. Michael J. St. Martin, P.E. Civil Engineer MJS/cms Encs. \99 130\corresp\k i rm i s2.doc cc: John Gorder, City of Eagan Lou Stocco, Gramercy Corporation & \ . . , - , I II hl 72(x) EII.'UI ' L.\\I.. Si HE 3(X) • MI.\I'Ir. Gn(,\1-. ~II~~I..,,I \ -1360--392 • TL.l.: 161:) +3+ .-i. (l:, F\\: 161?1 +?+-.~M== ( - -n 1, 111 IOti ks("n)inn.n('t -w I) );1g(, hIT1):/Av%'\cl it lit ii .n(I-1O1 k,/ I'\I ( 1< \I, Lv,\. & 5„\ • (,OI> C.\Inl I .\\I \I 1. L.\- i • I\\) -It (in(,\I.. III.I(dr(.. S1r.\I .,il.\ .i.>07(, . 11.1.: (613) +57-.31)45. 1=\\ ((5121 457-80+? Agenda Information Memo February 15, 2000, Eagan City Council D. EXTENSION FOR RECORDING CONDITIONAL USE PERMIT - TYLER JAY COMPANY (JAY CLARK) ACTION TO BE CONSIDERED: To approve a 60-day extension for recording the Conditional Use Permit for Tyler Jay Company for property located at 1725 Meadow View Road, in the NE 1/4 of Section 8. FACTS: • A Conditional Use Permit for outdoor storage was approved by the City Council on December 6, 1999. The CUP was to be recorded with the final plat and within 60 days of the CUP approval by the Council. • There has been a delay in processing the final plat for the property due to an error in the documents for the vacation of a portion of Meadow View Road. • Therefore, to allow time to correct the documents for the vacation, and process the final plat, an extension of the 60-day time limit for recording the CUP is necessary. ATTACHMENTS: None /O Agenda Information Memo February 15, 2000 E. PROJECT 750, TH 55 & BLUE WATER ROAD - ACCESS MODIFICATIONS & FRONTAGE ROAD IMPROVEMENTS ACTION TO BE CONSIDERED: To receive the draft feasibility report for Project 750 (TH 55/Blue Water Road - Access Modifications and Frontage Road Improvements) and schedule a public hearing to be held on March 6, 2000. FACTS: • The City of Eagan entered into a Joint Powers Agreement with MnDOT to perform an access modification study for State Highway 55 (a Regional Principle Arterial Highway) from Lexington Avenue to Inver Grove Heights as part of the overall Grand Oak Business Park traffic study (Project 736). • The results of the study recommended a new frontage road along the south side of TH 55 from Blue Water Road to TH 149/Commers Drive as a result of reducing and restricting driveway access onto TH 55. The Study was presented to the City Council on June 1, 1999 and the findings and recommendations were formally adopted. • On September 14, 1998, the City Council directed staff to prepare a feasibility report considering the installation of a new traffic control signal at the intersection of TH 55 and Blue Water Road, along with the modification of various accesses and the construction of a frontage road on the south side of TH 55. • On October 20, 1998, the City Council approved a resolution authorizing staff to submit an application for MnDOT funding participation for Project 750 through the Local Initiative Agreements Program. Funding has been approved in the amount of $410,400 for the 2001 fiscal year (beginning July 1, 2000). • A draft feasibility report has been completed consisting of the traffic signal improvements, frontage road construction and access modifications and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. • An informational open house has been scheduled on Thursday, February 24, 2000, from 3:30 p.m. to 6:30 p.m. in the City Council Chambers to review and discuss the proposed improvements. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. Agenda Information Memo February 15, 2000 Eagan City Council Meeting F. OLD SIBLEY MEMORIAL HIGHWAY REVOCATION OF RESTRICTED ACCESS CONTROL ACTION TO BE CONSIDERED: To approve the revocation of restricted access control along Old Sibley Memorial Highway (Old Highway 13). FACTS: • Old Sibley Memorial Highway, north of Diffley Road, was originally constructed by the Minnesota Department of Transportation (MnDOT) as a portion of State Trunk Highway 13 in the 1950's. MnDOT obtained all right-of-way necessary to construct and maintain this roadway. MnDOT also obtained access control limiting access by the adjacent properties to the highway. • As part of the Highway 13 re-alignment in 1989, MnDOT relinquished and turned back ownership and maintenance responsibility of that portion of Old Sibley Memorial Highway, changing its function from a state highway to a city street. • The underlying restricted access control was also transferred to the City. • Due to the current functional classification of Old Sibley Memorial Highway as a local street, and with the current accesses and pending development proposals requiring access to this street, it would be appropriate to formally remove the restricted access control in the area. ATTACHMENTS: • Old Sibley Memorial Highway Restricted Access Sketch, page /VZ x oA Vii. X tY LU t Do- 2 a'n i i~~ ~T•i r /'V 2 v2 .i I (n u SSils iii , e4o En r r iy ITT tia\ i ?-a `I TO! ITT ITT Mfr ITT ITT To! oil V ~sL i L :fie ,t \ 1 C\ \ Gil Agenda Information Memo February 15, 2000 G. CONTRACT 98-01, SOUTHERN LAKES WATER TOWER ACTION TO BE CONSIDERED: Approve the final payment for Contract 98-01 (Southern Lakes Water Tower - 1.0 Million Gallon Reservoir) in the amount of $61,959.60 to PDM, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 98-01 provided for the construction of a one million gallon water tower to serve the City of Eagan's high-pressure zone and portions of the City of Inver Grove Heights. The new water tower provides a second elevated reservoir within the high-pressure zone. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Agenda Information Memo February 15, 2000 H. PROJECT 98-FF. GARDENWOOD PONDS 3an ADDITION ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 98-FF (Gardenwood Ponds 3d Addition - Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Gardenwood Ponds 3rd Addition was constructed northwest of the intersection of North Ridge Drive and Northview Park Road. This development required the installation of sanitary sewer, water main, and storm sewer, as well as new street construction, Oak Hill Court and Knollwood Court, which was all performed privately by the developer under the terms and conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. ~S Agenda Information Memo February 15, 2000 Eagan City Council Meeting I. PROJECT 788. HIGHWAY 3/ GARDENS OF EAGAN UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: To receive the draft feasibility report for Project 788 (Highway 3- Gardens of Eagan Sanitary Sewer and Water Improvements) and schedule a public hearing to be held on March 21, 2000. FACTS: • On November 20, 1999, city staff received a petition from Ralph Hanson, 4395 So. Robert Trail (Parcel 010-06), Patricia Diffley, 4385 So. Robert Trail (Parcel 012-05), and C.E. Wachter, 4375 So. Robert Trail (Parcel 012-04), requesting the installation of public sanitary sewer and water main to their agricultural zoned properties within the Northeast '/4 of Section 25. These properties are guided mixed residential in the City's Comprehensive Guide Plan. • On December 16, 1999 the City Council directed staff to prepare a feasibility report considering the extension of new utility improvements to these parcels along the west side of Highway 3. • A draft feasibility report has been completed and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. • An informational neighborhood meeting will be held with the adjacent property owners prior to the Public Hearing to review and discuss the proposed improvements. ATTACHMENTS: • Draft Feasibility Report, enclosed without page numbers. Agenda Information Memo February 15, 2000 Eagan City Council Meeting J. RESOLUTION OF SUPPORT FOR FEDERAL FUNDING APPLICATION- NORHTWOODS PARKWAY RING ROAD OVERPASS ACTION TO BE CONSIDERED: Adopt a resolution supporting the application for Federal Funding for the Northwoods Parkway Ring Road overpass for 35E (Project 738). FACTS: • As a part of the City's Comprehensive Transportation Plan and the Central Area Traffic Study, the City has planned for the development of a "Ring Road" concept around the Yankee Doodle Road, Pilot Knob Road and 35E interchange. Portions of this concept has been completed with adjacent development. However, the Northwoods Parkway overpass for 35E is independent of adjacent development and a significant expense in completing this system. Because of the benefit to the regional transportation system, there is a possibility that Federal Demonstration Funds may be available. • In order to make such an application, it is necessary for the City Council to formally pass a resolution in support of this project and the application process. ATTACHMENTS: • Draft Resolution, to be distributed with the Administrative Agenda. 17 Agenda Information Memo February 15 City Council Meeting K. AWARD bid for indoor surface for Civic Arena FOR COUNCIL ACTION: To award the indoor recreation surface (turf) for the Civic Arena to Centaur Products in the amount of $56,300. FACTS: • The Advisory Parks Commission recommended that an indoor surface be part of the recreation program for 2000 at the Civic Arena • As part of the five year CIP, $70,000 was funded for the indoor "turf" and recommended by the Advisory Park Commission • The City Council reviewed the CIP Program for Parks at a joint Commission/Council workshop in 1999. • The CIP was subsequently approved and the inclusion of the "turf" was approved as part of the 2000 Civic Arena budget. • Staff prepared "Request for Proposals", publicly advertised and mailed out RFP's to known suppliers for response. • Four different "turf" products were submitted for evaluation, but only one product provided a separate cushion pad in addition to the turf. • Staff carefully reviewed all proposals and is recommending that the contract be awarded to Centaur Products in the amount of $56,300. • This bid is well below the original estimate of $65,000 ($5,000 remains for additional netting to be purchased separately) CONCERNS: Staff was anticipating the turf would be installed for use by mid-March, however, it appears now that it will be late March or early April. ATTACHMENTS: /g Agenda Information Memo February 15, 2000 Eagan City Council Meeting L. CHANGE ORDER, FIRE STATION NO. 2 ACTION TO BE CONSIDERED: To approve the Change Order to Fire Station No. 2. FACTS: • The requested Change Order is for $6,068.00. ATTACHMENTS: • Memo from Fire Chief Jensen highlighting the list of changes on pages through /9' CITY OF EAGAN TO: TOM HEDGES, CITY ADMINISTRATOR MEMBERS OF COUNCIL FROM: CRAIG JENSEN, FIRE CHIEF DATE: FEBRUARY 9,2000 SUBJECT: CHANGE ORDER FIRE STATION #2 IMPROVEMENTS The following is a list of changes submitted by the contractor for the Fire Station #2 improvements. The contingency for the project is $20,304.00. This is based on 12% of the total bid price of $169,200.00. None of the contingency has been used to this point. The proposed additional requested at this time adds up to $6,068.00 which leaves a contingency balance of $14,236.00. There are no additional change orders being considered with the project being 68% complete. 1. Remove existing grid for ceiling tile in meeting room and install new grid and tile. $2,346.00 This item is needed due to the condition of the old tile and grid. The tiles are in poor condition and the grid was not salvageable in the demolition process. 2. Provide bifold doors at furnace closet. $865.00 This door was removed during demolition and it is recommended that the door be replaced with a commercial grade door. The original was a residential grade door. 3. Provide birch trim at existing window sills. $505.00 This item is needed due to the windowsills being extended with the new drywall. 4. Provide a new door at opening #205 $962.00 The old door at this opening is in bad shape and cannot be reused. The frame is in bad shape and the door will not operate properly if reused. 2v 5. Remove formed cap and 12" of masonry height of signage wall. $646.00 This was needed because the wall was constructed too high and blocked the view from the windows on the front of the station. 6. Anchor owner's framing, renail and prepare framing for drywall installation. $469.00 Fire personnel conducted most of the demolition and construction of the framing on the second floor. Additional support was required and was performed by the contractor. 7. Modify 7' doors to 6'8" doors for ceiling height. $275.00 The prints called for 7 foot doors, however the ceiling height could only accommodate a 6 foot 8 inch door. The doors that were ordered needed to be modified in order to fit. ala -7 Craig Jensen - Fire Chief Agenda Information Memo February 15, 2000 Eagan City Council Meeting M. TREE CONTRACTOR LICENSE RENEWAL FOR THE YEAR 2000, VET'S TREE SERVICE ACTION TO BE CONSIDERED: To approve the tree contractor license renewal for the year 2000 for Vet's Tree Service. FACTS: • Vet's Tree Service out of Bloomington has applied for renewal of their tree contractor license for the year 2000. • The City annually licenses parties doing business in the above-referenced category. This license is in order for review and approval by the Council at this time. Agenda Information Memo February 15, 2000 PUBLIC HEARINGS A. PROJECT 680, CLIFF ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 680 (Cliff Road - Street and Utility Improvements) and authorize the preparation of detailed final plans and specifications. FACTS: • On December 20, 1994, the City Council originally authorized the preparation of a feasibility report for the upgrade of Cliff Road (County Road 32) from Ches Mar Drive/Fairway Hills Drive to Lexington Avenue (County Road 43). • On May 7, 1996, a public hearing was held before the City Council to consider the upgrade of Cliff Road. The City Council denied the project and requested that Dakota County reschedule the upgrade on a future Capital Improvement Program. • In response to the Council's subsequent request, Dakota County has programmed the upgrade of Cliff Road for 2000. This improvement was also rescheduled in the City of Eagan's 5-Year Capital Improvement Program (2000-2004) for 2000. • On January 18, 2000, a draft of the updated feasibility report for Project 680 was presented to the City Council and a Public Hearing was scheduled for February 15 to formally present and discuss the report with the public. • An open house was held on January 27 from 5:00 p.m. to 8:00 p.m. at Wescott Library. 75 people representing 59 properties (including the 4 assessable properties) attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ISSUES: • The City and County have received several comments regarding this project regarding various issues. These have been summarized and enclosed. ATTACHMENTS: • Feasibility Report, pages through .56 . • Comments From Open House, pages through • Letters/E-mails From Residents, pages through • Memo - Addressing 1996 Issues, pages 7 through c23 +OFEAGAN Report for CITY PROJECT NO. 680 CLIFF ROAD (C.S.A.H. #32) From 605 Feet East of Pilot Knob Road to 700 Feet East of Lexington Avenue STREET AND STORM SEWER RECONSTRUCTION UTILITY EXTENSIONS AND RELOCATIONS EAGAN, MINNESOTA JANUARY, 2000 Revi.od Z/IO/00 Howard R. Green Company CONSULTING ENGINEERS January 14, 2000 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: CLIFF ROAD (CSAH 32) - Street and Storm Sewer Reconstruction and Utility Extensions and Relocations Report City Project No. 680 Dear Mayor and Members of the City Council:. Attached is the report regarding the reconstruction of Cliff Road from 605' east of Pilot Knob Road to 1525' east of Lexington Avenue. The improvement project consists of total reconstruction and widening of the existing roadway to a four-lane divided urban standard. Also included in the project are the construction of bike trails, the reconstruction and construction of the storm drainage system, the extension of the trunk watermain east from Lexington Avenue, and the addition of several sanitary sewer and water services. The total estimated project cost for these improvements is $3.825 million. The cost of street reconstruction and some utility costs will be shared with Dakota County. The rest will be financed using the City's Major Street Fund, other available City funds and through assessments to benefited property owners. We would be pleased to respond to any comments or questions regarding the information presented in the report. Sincerely, Howard R. Green Company Craig L. Ebeling. P.E. Client Services Manager I hereby certify that this report was prepared by me or under my direct supervision and that I am a d Registered Professional Engineer under the laws of the State of Minnesota. Date Registration Number 12025 Craig L. E ling PE Reviewed by: TL---- C` Date: '2 - I t - 00 - M a r1 ent ubli o s Reviewed by: Date: aZ - t t - DO Fl nce Director ~.s 1326 Energy Park Drive . St. Paul, MN 55108. 651/644-4389 fax 651/644-9446 toll free 888/368-4389 TABLE OF CONTENTS Letter of Transmittal / Certification ........................................................................................i Table of Contents ii Introduction 1 Scope 1 Feasibility and Recommendation 1 Exhibit 1 2 Proposed Improvements 3 Street Reconstruction 3 Exhibit 2 4 Exhibit 3 5 Bituminous Trails 6 Storm Sewer Construction 6 Exhibit 4a 7 Exhibit 4b 8 Exhibit 4c 9 Exhibit 4d 10 Exhibit 5 11 Watermain Construction 12 Sanitary Sewer Construction 12 Easements/Permits 13 Exhibit 6a 14 Exhibit 6b 15 Exhibit 6c 16 Cost Estimate 17 Assessments 18 Exhibit 7a 19 Exhibit 7b 20 Project Assessment Area 21 Revenue Sources I Financing Options 22 Project Schedule 23 APPENDIX A - PRELIMINARY ASSESSMENT ROLL -ii- Introduction Growth in the eastern part of the City continues. With that growth comes the need for collector and arterial roadways. Cliff Road is a significant element of the City and County transportation plans to meet this need. However portions of Cliff Road are not presently constructed to standards which allow the roadway to fulfill its role as a major street. Although the roadway is a county-owned facility, both the City of Eagan and Dakota County have considered the improvement of Cliff Road in the Pilot Knob to Lexington area for several years. Both entities have recognized the project in their respective capital improvements plans and have planned for its funding. This planning envisioned a partnership arrangement in mobilizing the project. The County will be the entity that will implement the construction of the improvements with the City participating in the planning of the work and in cost sharing. The roadway improvements are now fully warranted by existing and projected traffic levels. Any time that the City expends its funds for roadway improvements, it concurrently evaluates the need and advisability for underground improvements. In this case storm sewer improvements will need to be built concurrently with the roadwork to drain the roadway. Some existing facilities will be used, some replaced, and supplementary facilities built. Sanitary sewer is in place in the area but there will need to be a few minor extensions across the roadways. Watermain will need to be extended easterly from Lexington Avenue and several crossings will also need to be installed. There will also be considerable work required by the private utility companies who presently use the corridor. The pipe and roadway construction will necessitate relocation work by these companies in some instances. Scope This project would provide for the reconstruction of Cliff Road (CSAH 32) from approximately 605 feet east of Pilot Knob Road to approximately 1,525 feet east of Lexington Avenue, as shown in Exhibit 1. The following items are major components of this project: Regrading, pavement replacement, channelization, widening, and partial realignment of Cliff Road Construction of bituminous trails on both the north and south sides of Cliff Road. Construction of lateral and trunk storm sewers to convey storm water from the street surface and abutting areas. Extension of watermain from Lexington Avenue approximately 1,000 feet to the east, provisions for future watermain roadway crossings and water service line installations. Sanitary Sewer roadway crossings and sanitary sewer service line installations Feasibility and Recommendation The proposed work is feasible from an engineering standpoint and is in accordance with comprehensive plans for both the City of Eagan and Dakota County. The improvement is necessary due to existing and projected traffic volumes and to satisfy requirements in Eagan's and Dakota County's Comprehensive Planning. This project is cost effective based on the proximity of existing utilities and proven construction methods for road improvements. It does not need to be implemented with other work and should be implemented independent of other contracts. The project would be designed and implemented by Dakota County. The City of Eagan will be required to enter into a cost sharing agreement with Dakota County similar to those for past improvements. Approval of the project is recommended. -1- CO. RD. 30 DIF L Y q a z Z TH ;A!SE THI o H:) lY RD. 32 11 CLIFF RD. "OLLAW L^KE ?ARKRIDGE PR ECT LOCATION OVUEN Z ACISM LAKE APPLE VALLEY NORTH opl- OD0620J\EAO1I\CUrr-V.DwC D.e.me.r 16. 1909 9:25:54 ..m. CLIFF ROAD /..TTcM B OT CITY OF EAGAN PROD. NO. 680 fawd a cm PROPOSED IMPROVEMENTS City of acicjC1r Proposed Improvements Street Reconstruction The primary street improvements consist of the widening and reconstruction of Cliff Road within the project limits. Cliff Road, east of a point 605 feet east of the Pilot Knob Road intersection, is presently a two-lane, rural design road. The segment of Cliff Road immediately to the east of Pilot Knob Road was constructed as part of the Pilot Knob Road improvements. This proposed project would connect to that previous improvement at an appropriate location and extend an urban design four lane divided roadway to a point approximately 700 feet east of Lexington Avenue. (Rural design roadways rely on ditches for drainage, urban design roadways use concrete curb and gutters and storm sewer pipe systems). Following consultations with the Dakota County parks staff, it is also proposed to relocate the existing Cliff Road access for Lebanon Hills Park with a detached frontage road that would run from Lexington Avenue to the existing parking lot. The roadway improvements will involve complete street reconstruction, including grading, bituminous and granular base, bituminous paving, concrete curb and gutter, retaining walls, intersection street lighting and raised medians. The existing street section will be completely removed. The design street width will be 86 feet, which will provide for four driving lanes, shoulder safety lanes and an 18-foot wide center median. Typical street sections are shown on Exhibit 2. Left and right turn lanes will be constructed at several locations. A typical intersection layout is shown on Exhibit 3. Eastbound protected left turn lanes will be provided at the intersections with Ches Mar/Fairway Hills Drive, Dunberry Lane/Parkview Golf Course entrance road, and Lexington Avenue. Westbound protected left turn lanes will be installed at Lexington Avenue (for the relocated entrance road to Lebanon Hills Park). Parkridge Drive, Parkcliff Drive, Dunberry Lane/Parkview Golf Course entrance Road and Ches Mar/Fairway Hills Drive. Dedicated eastbound right turn lanes are proposed at Parkcliff Drive, Parkridge Drive, the Parkview Golf Club entrance road, and the relocated entrance road to Lebanon Hills Park. Dedicated westbound right turn lanes are proposed at Lexington Avenue, Oak Chase Road, Dunberry Lane and Ches Mar Drive. Rigid steel conduits will be placed at the intersection of Cliff Road and Lexington Avenue for the future installation of a traffic signal at that location. Current traffic volumes do not indicate a need for a traffic signal; however, it is anticipated that the increased traffic will necessitate a signal as growth continues and the future phased improvements of Cliff Road are completed. Installing the conduit now will enable the installation of a traffic signal without disturbing the newly constructed streets. Maintenance of traffic and access for the properties whose only access is from Cliff Road will be a concern during construction. These properties include the Park Cliff Additions and the Parkview Golf Club. The project specifications will address this as the project proceeds. a9 -3- J OD Z Z LAJ 3:: N a~ N Q~ C N r a r j N 7 N O ~Y O g Y `L o J N 3 J 3 O 1 rb m w ao V IWO N N LJ Lai Li U 7 Y U N U= -C" ZU Z N U U Q N O J •2S U ~ 3 w } d p m U p L FMu m U OU cr U Q N N Z L~ Li F U N LLJ io O ~ F- ' W CD a w w _ O J IN 0 N N 'V w Z JJ N W U Z jQ L'I o~ ~-ao pU O~ N O-d C W --c -Aid o0m 0 m Om u F mU mU [DU LL < ,n a n Y Y Q J 3 3 3 W OLL U COP m m o W O n ~ O N j Q J Q J 4 N r N N Q N O 7 N ~ j N 7 Q' M yY O ~ f 4 e 30 00 nnn~ ~1 ll ~ N N 'r ~ N r c 04 2 C O U v .V t t PARK ENTRANCE n N N L i? o 0 3AV NOIJMX~-1 ' 0 O 0 a: eo*N 0- UO t t U- ILP U- w w cf) Uw U- LL 31 -5- Bituminous Trails Ten-foot wide bituminous trails are proposed to be constructed along both sides of the street improvements, maintaining a typical 15-foot boulevard between the trail and the back of the curb for proper snow storage. These trails will be built in accordance with the City's Master Trail Plan. The design section will consist of 2 inches of bituminous pavement over a 6-inch aggregate base. Storm Sewer Construction Storm sewer improvements will involve the use of both existing facilities and the construction of new laterals and trunk systems. The general storm sewer layout is shown on Exhibits 4a, 4b, 4c, and 4d. Exhibit 5 illustrates the areas that will be served by the storm sewer system. At the intersections of Ches Mar Drive/Fairway Hills Drive, Dunberry Lane, Parkcliff Drive, Oak Chase Road, Parkridge Drive and Lexington Avenue, the existing storm sewer will be modified to match new street widths. New storm sewer with catch basins is proposed for Cliff Road between Ches Mar Drive/Fairway Hills Drive and the lift station east of Lexington Ave. The storm sewers constructed on the project will outlet to previously constructed facilities. This is particularly significant in the case of the eastern part of the project where a new discharge will be made to pond LP70 whose level is controlled by a storm sewer lift station. Drainage from the middle of the street segment will be routed through existing storm sewer pipes to pond LP51. These existing facilities have been constructed in accordance with the City's comprehensive drainage plan. But their adequacy to accept the runoff from this project is being verified in a separate analysis effort, apart from this project. s2 -6- 8 I z a Io \lY 3 w Moo v o LL) N Z (l Il (1 V 2 ~ < Luul 3AI80 avw S3HD m N N W vi i C X x W w W W C g ~ ^ ^ 8 O ` ..N M I I ao z u O W Z iv - 17L~,tbM2llb 3 Z0 m N ks' 8 } v N s z o~ s V aoZ W o y~ U mN o Q<`1i g O = I Pte'' g gW co 8 N 8 LO rq co aao g g N cW ~~g g Z 0 $ _ ag Z CL g Q0 W N a: (L L 0 Cl) o 8 U O H N s w a- o ° ULL C 0 0 ~ z w IV y x ``7{ k ~ 3 9 N Y ce. 33 7 M N iY' Z Z r~ = moo O0 M S o 25 = ~ } < I N r J 1 n $ W V C W W W V, 4 N F a cf I fR to O O O $ LL. 8 ao 1I 8 V v I ` g N N ' ` 8 ;z In s g 1 L n v tp n N I O N VJ Zr Z 0 W z 11 co 8 ~ a O (0 j Q 8 ^ 0 Q CL z 8 M W 1- N Z~ Q O c0 ZQ g VN Q Q W N~+ I O~ 0 cc W Cl) a0 1O x FO {.L. d. W z I.- LL o 8 ^ 25 O 1 20 4J 0 = v Q' O ui I.- Q Q 1 ~Vf U~ W ~ Wa O 8 to W Q 8 N Z 8 °0 g U.) 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Q Q c w Z ` •-1 LL < d Q U- (I < ..J w r;- O 11 1 1~~ U 1 aO R; N 7 X11. Watermain Construction There is presently no watermain on Cliff Road to the east of Lexington Avenue. The City's comprehensive Water Supply and Distribution Plan recommends the installation of an 18-inch watermain in this portion of the corridor. It would be difficult to construct this improvement once this new roadway is constructed east of Lexington, thus it is proposed to extend an 18-inch watermain to a termination point at the end of the urban street section approximately 700 feet east of Lexington Avenue. Sufficient room would remain between the pavement and the edge of the right-of-way to allow for future extensions. Additional extensions of this trunk watermain will be completed at a later date as part of the reconstruction of the remaining Cliff Road segments, to complete the watermain loop with the existing 12-inch watermain at Dodd Road. The comprehensive Water Supply and Distribution Plan recognizes the need to create a new, higher pressure zone for some areas south of Cliff Road. Those zones would be created in the future using a watermain that would be fed from the existing booster station on the north side of Cliff Road. In order to provide for the future need to cross Cliff Road with these new higher- pressure watermains, it is proposed to include the installation of two "casing pipes". These pipes will remain empty for the present but in the future a watermain can be inserted through them averting the need to dig up the roadway at that time. These "casing pipes" will be large enough to allow the future insertion of up to a 12-inch diameter watermain underneath Cliff Road. Water service line extensions are also included at three different locations along the route. They will be provided to accommodate future development. Two new 6-inch services will be provided to the Parkview Golf Course property, and two 6-inch services will be provided to the Lebanon Hills Regional Park. Another watermain stub will be placed across from Oak Chase Road to provide for future service to an undeveloped parcel in that area (Parcel 011-02). Watermain improvements are shown on Exhibits 6a, 6b, and 6c. Sanitary Sewer Construction With the construction of the sanitary sewer lift station in Lebanon Hills Park in 1996, the major elements of sanitary sewer service for the area are in place. There are however two areas where crossings must be installed now, to avert the need to disrupt the roadway in the future. Specifically a sanitary sewer mainline must be installed from the existing manhole in Dunberry Lane across Cliff Road to serve the existing clubhouse on the Parkview Golf Course property. This will again avert the need for future disruption to the street. Similarly, an extension from the existing main will be necessary to provide for future services to the undeveloped parcel of land between Parkridge and Parkcliff. (See Exhibits 6a, 6b, and 6c) Easements/Permits The project will require acquisition of additional permanent street right-of-way (ROW). The existing ROW varies from 125 to 150-feet wide and in several areas is insufficient to allow construction of the proposed improvements. Additionally, temporary construction easements, permanent drainage and utility easements, and slope easements will be acquired for the various utility improvements included as part of the project. Dakota County will administer the easement acquisition/negotiation process. Dakota County is presently evaluating the specific easement requirements for each parcel. A permit for the sanitary sewer extensions will be required from the Minnesota Pollution - 3 ?12 n.%,,nt<IMWC\TC\AD\flrokCa7aAhilifi/ tinet Control Agency (MPCA). Similarly a permit for the watermain extension will be required from the Minnesota Department of Health. A general storm water permit will also be required from the MPCA. 39 13- C:\WI NDOWS\TEMP\DraftFeasablllty.doc N i Z 8 ; 00 d I cr 8 T m~ co CN W W ~ 1/f Vf N y J W M J W W W W Q N^ D-z W C WD- W U- D z w z a V' o a W < its 8 d O <5z mw LAJ cD to V N 3: cr ,n 8 V' N 8 8 $ ~o V) 80 , F N o a 8 ~ J Q X0 a W 8 < m~ NNE W D Ch O L) LL. °o 9i 0 Wy 00 N O d' N CL C14 U. U 8 8 O I 3 0 N m l Z E W 00 0 La o a N 3ntao adw 53H- € Q O CL cr- WCC CD s cc 1` a N L&J CL CL Z I U-O CL U- • Q 3 Om IN 0 NLL) J W C" a U 3 8 s LL Z E5 2 N 0. 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Indirect costs include legal, engineering, administration, and City financing. Easement acquisition costs are presently being determined by the County, however an allowance is included for them in the following cost summary. Roadway Construction $2,250,000 Bituminous Trail Construction $66,000 Storm Sewer Construction Catch Basins and Leads $95,000 All other $235,000 Sanitary Sewer Services & Stubs Construction $11,300 Watermain Services & Stubs Construction $12,800 Watermain Extension Construction $49,625 Future Watermain Casings Construction $27,000 Right-of-Way Allowance $100,000 Construction Contingencies (5%) $137,335 Indirect Cost (30%) $824,020 Total Estimated Project Cost $3,808,080 LI-3 -17- Assessments Assessments are proposed to be levied against the benefited properties in accordance with MS429 (the state statute governing the use of special assessments), the City Assessment Policy and Chapter 2.74 of the City Code. The street portions of the project and the trunk watermain extension portions of the project are envisioned as Class B improvements as defined in the Policy, with both local and general benefits. The water and sewer service lines and extensions are viewed as Class C improvements as defined in the Policy, primarily benefiting only the adjacent property owners. A preliminary assessment roll is included in Appendix A, attached to this report. Street assessments are proposed for benefiting properties in accordance with the Assessment Policy. It should be noted that there are several lots that are eligible for significant frontage credits under the terms of the Policy. These lots fall under one or more of the provisions of the Policy dealing with lots with multiple sides on a street and lots that have frontage on collector or arterial streets. Nearly all of the credits relate to Attachment C of the Policy which provides for 100% credits on Low Density Residential lots adjacent to collector or arterial streets. The following rates were used to estimate the assessable benefits for the properties along Cliff Road in accordance with the 2000 Fee Schedule for the City of Eagan. Public Facilities Streets Rate = $103.35 per assessable front foot Low Density Residential Streets Rate = $62.30 per assessable front foot Public Facility Water Main Rate = $28.40 per assessable front foot The assessable properties, with their front footage, are shown on Exhibits 7a & 7b. The Class C assessment amounts for the sanitary sewer and watermain are shown based on 100% of the estimated cost of those improvements. The final assessments will be determined by the actual construction and indirect costs incurred for the work. Estimated assessment amounts are shown on Appendix A. The project will be considered by the Council in accordance with MS429. If the project is ordered, property owners will have the option, at the time of the assessment hearing, to pay the assessments in full or to have the assessments certified to the county auditor to be amortized and collected with their property taxes over a 15-year period at an interest rate determined by the bond sale at the time the project is awarded. Z -18- ° MOO Q a 3NIl FI~1V17 p+ ° - i C g oI' i ~ ~ of n . Ii. r- U n i ~ I F cr ze =j p U w N W ! . N co i z a tQsa c 04 LLJ (n V) V) o N i RN 0 c) W W Z co CL. LLI (n 4A 0 LL d I i s -I _ u- W 0 s I I I J W 4 U 0 LL i- ° 4 yt •I . N I I - o `-I I i- NI - ^W ` W QW r psi o ~ DO moo c Y qD J c G Z$ 0 G 0 i p rN O OI i i z L7 = m v M J 100 t z LOA 0 W N co Iii I R = pN''4 n n n "A Z _j mmJ 0 • t < < o 0 z LLJ 'n W<« Sao Zo a: EL z 83 LL CI 83 iti pI- Jw ULL o U AWO I I ii i 3NIl Fp1vYY - d is me... p{O_ i W ~ N ' Project Assessment Area Listed below are the parcels that abut the project and are proposed to be assessed: Low Density Residential Parcel #10-03400-011-02 Public Facility Parcel #10-03400-010-01 (Lebanon Hills Park) Parcel #10-03500-010-28 (Lebanon Hills Park) Parcel #10-56780-010-01 (Parkview Golf Club) Parcel #10-40150-010-01 (Cliff Road water plant parcel) Parcel #10-40150-010-02 (Well #10 and booster station parcel) Listed below are the parcels that abut the project but are not proposed to be assessed: Oak Chase 4th Cliff Ridge Lots 7-10 Block 1 Lots 3 & 4 Block 1 Lot 13 Block 1 Oak Chase 5th Addition Fairway Hills Lot 1 Block 1 Lots 4-9 Block 2 Lot 1 Block 2 Oak Chase 6th Addition Lot 1 Block 1 Lots 1 & 2 Block 1 Ches Mar 5th Addition Park Cliff 2nd Addition Lots 1-4 Block 2 Lot 7 Block 4 Lot I Block 1 Lot 8 Block 2 Ches Mar East 1st Addition Park Cliff Lots 12-16 Block 2 Lots 1-4 Block 1 Lots 27-31 Block 2 Lot 1 Block 2 Ches Mar East 4th Addition Lots 11-18 Block 1 -21- Revenue Sources/Financing Options As previously indicated, the City of Eagan and Dakota County will enter into a cost sharing agreement for this project. A summary of City/County cost allocations is presented in the following tables: City of Eagan Dakota County Work Item (Percentage) (Percentage) Roadway 45 55 Bituminous Trails Cliff Road, North Side 100 0 Cliff Road, South Side 0 100 Storm Sewer Catch basins & leads 45 55 All Other 100 00) San. Sewer Services & Stubs 100 0 Watermain Services & Stubs 100 0 Watermain Extension 100 0 Watermain Casings 100 0 Right-of-Way Allowance 45 55 Work Item City of Eagan Dakota County Total (Dollars) (Dollars) (Dollars) Roadway $1,366,875 $1,670,625 $3,037,500 Bituminous Trails Cliff Road, North Side $44,550 0 $44,550 Cliff'Road, South Side 0 $44,550 $44,550 Storm Sewer Catch basins & leads $57,712 $70,538 $128,250 All other $310,550 $6,700 $317,250 San. Sewer Services & Stubs $15,255 0 $15,255 Watermain Services & Stubs $17,280 0 $17,280 Watermain Extension $66,995 0 $66,995 Watermain Casings $36,450 $36,450 Right-of-Way Allowance $45,000 $55,000 $100,000 Total Project Cost $1,960,667 $1,847,413 $3,808,080 Dakota County participation = $6,000 per centerline mile of highway. -22- Based on the cost sharing agreement with Dakota County and the estimated special assessments an estimated $1,471,900 will be required from the City of Eagan to fund the City share. This funding will come from the Major Street Fund, the Water Trunk Fund and other sources. Project Schedule The following is a preliminary schedule for the proposed improvements. Present Feasibility Report January 18, 2000 Neighborhood Informational Meeting January 27, 2000 Public Hearing - Authorize Plans and Specifications February 15, 2000 Approve Plans and Specifications April 4, 2000 Right-of -Way Acquisition and Public Need Hearing June, 2000 Open Bids/Award Contract July, 2000 Substantial Completion of Construction November, 2000 Final Completion of Construction June, 2001 Assessment Hearing October, 2001 First Assessment Payment Due with Real Estate Taxes May, 2002 It should be noted that this aggressive schedule envisions that the County makes steady progress in the right-of-way acquisition process. Right-of-way acquisition has the potential of delaying some of the project milestones. -23- 0 0 O N ~y O W O Q O 00 t0 CO O 0) 1A N Q ( Q N y _ Q O co Ln CD CO m ) r st (O m IV CD V r 7 i0 33 Q H H H H H H H H «j 0 0 0 ~0 U U Q to (X 2 N ac < N Co N NSA N `m O H W 1 Ln Q co m c0i 0 0 0 0 04 to to- t CH m o C) O h Cl (n Eo N C6 N N 1. H r m N H 69 40 a) m H r N CO 3a 00 0 0 0 0 0 0 0 . 00 O cN m O O m m 00 c 0 G 4 E CD 04 C) X N N CD r N m i5 o H H N W O m J CE ~'l0 C t. Q Q d LL aG co CN C4 ma cn CL co v r) m N v LL a U) V- Iv VO' 0 co r N a7 aD 1~ 1. - cc It) Q tl~p Q w sNl a3 in W~ U) M 49 IV cq H H H C M LO') LC') L'am') LC') Cam') LL M N Pf m CV) a) C O 49 O O O O O H H H H H V M LL a 8 ~ A r r 10 a v r Ea ~ C ~ O r N r cc r N _j ed N O r O O N r r r r r r LL g $ 9 (5 d 01 1 0 U r r J a a r r r r r F- P 32-28 January 27, 2000 Oven House Comment County Road 32 (Cliff Road) from Ches Mar to County Road 43 (Lexington Avenue) COMMENT CARDS Name: Ted LeVin Address: 1155 Parkview Lane Eagan, MN 55123 Phone: (651) 452-8787 E-Mail: ted @worldoffishcom Comments: I would like to see traffic lights installed at Lexington and Cliff Road. With the curve in Cliff Road east of Lexington it sometimes is difficult to see traffic coming when turning from Lexington onto Cliff. I think a traffic signal would also facilitate easier crossing for pedestrians entering or leaving the Lebanon Hills Park. I would also like to see the full plan to restore the parkland that is disrupted due to the highway project (reforestation, etc.). Name: Kelly Bailey Address: 1259 Dunberry Lane Eagan, MN 55123 Phone: (651) 994-1471 Comments: My issue is with fencing along the walkway. The walkway is potential for pedestrians to stray onto our property. We have more liability with our dog, and being a potential mother, there is a safety issue. I feel we should not have to incur a cost to put in a fence because the City/County is adding these enhancements. I am supportive of the changes, but would like consideration of a fence being put up. Name: Steven Schlegel Address: 1263 Dunberry Lane Eagan, MN 55123 Phone: (651) 994-9309 Comments: Noise is a major concern of mine. I would suggest a wall, especially in the areas where auto speed approaches 50 mph. Name: Tim Day Address: 4564 Cliff Ridge Court Eagan, MN 55123 E-Mail: ttay4564Ca aol.com Comments: I do not support the closing of the Oak Chase intersection and maintaining the west Parkview intersection. The Parkview intersection is blinded by the hill somewhat. Name: Cindy and Keith Feickert Address: 1265 Dunberry Lane Eagan, MN 55123 Comments: Street light at Dunberry Lane. Both sides of road continue as designed. Do not move easements to the north. Retaining walls instead of grading. Landscaping including pine trees 6 feet plus planted along walkway and path north side. Walkway on south side only. Thank you for your consideration. Name: Reid Bonshire Address: 4538 Oak Chase Way Eagan, MN 55123 Phone: (651) 905-1430 E-Mail: bonshire@gatcm.net Comments: Going east on Cliff at Parkridge Drive - make a left turn in the median for U-turns back to west on Cliff for easier and safer access to Oak Chase Road or open Oak Chase Road instead of Parkridge (east of Oak Chase Road) since there is access needed from both north and south to Cliff Road. Close off with a median at Parkridge Drive (east of Oak Chase). They would need to go to Lexington for U-turn to get back to Pilot Knob, or they will go to the other entrance of the development at ParkCliff Drive. Name: Joan Woessner Address: 1268 Dunberry Lane Eagan, MN 55123 E-Mail: ttiwexcet online.oom Comments: Street light at Dunberry Lane and Cliff intersection. Continue Cliff Road as designed. Do not move easement to the north. Retaining or tiered wall systems instead of grading. Pines (10 ft. planted along walkway northside. Walkway on south side only. Name: Tim Miotti Address: 4573 Cliff Ridge Court Eagan, MN 55123 Phone: (651) 454-2309 Comments: Against having the median that does not allow a left hand turn to Oak Chase Road from Cliff traveling east. Traffic levels will increase in neighborhood. Main reason we moved into the area was the lack of traffic. Looks like now that will change. Name: Christie Soderling Address: 4657 Park Cliff Drive Eagan, MN 55123 Comments: Looks good. I like the wide shoulders, sidewalks, turning lanes and 2000 schedule! Please add a U-turn turning lane going east to turn around at Parkridge. It's the least that can be done. t~~ Name: Barbara Johnson Address: 4535 Oak Chase Road Eagan, MN 55123 Phone: (651) 452-2609 The no access to left turn from Cliff to Oak Chase Road will create an unsafe condition requiring motorists to turn at bottom of hill. This will stop one lane of traffic while waiting to turn. Why not create a turn lane there? Name: Paulette Olson Address: 4696 Parkridge Drive Eagan, MN 55123 Phone: (651) 688-7048 Comments: Other options need to be considered or done with the proposed median going from Parkcliff to Parkridge. Access needs to be available at Oakchase Road to cross over. The intersections at Parkclift Parkridge & Lexington need to be controlled. Name: Mark Wickham Address: 4666 Parkridge Drive Eagan, MN 55123 Comments: Great Plan! I especially like the wide walkways and left turn from both Parkridge and Parkcliff exits. Please save the trees on the south side of the road between Parkridge and Parkcliff to the extent possible. Name: Lisa Mozings Address: 4628 ParkCliffDrive Eagan, MN 55123 E-Mail: mozangelsr&AOL.com Comments: Great job! Please hurry. We can't wait to use the trails! We are going to miss driving north on Oak Chase from an east bound Cliff lane. We really need to save as many trees as possible between Parkridge and Parkcliff. It really helps with all of the noise coming into the neighborhood from cars. Name: Gus Broman Address: 4577 Cliff Ridge Court Eagan, MN 55123 Phone: (651) 406-8542 E-Mail: gus.broman@westgroup.com Comments: I am opposed to making Cliff 4 lanes because there is already excessive speeding that is going on. If this does go through it is important to be able to make a left hand turn eastbound to Oak Chase Road. Another option would be to expand it to 3 lanes like the Wescott project. It is also important to have a dedicated turn lane on Lexington. Thank you. '3 Name: Dick Ney Address: 4497 Oak Chase Lane Eagan, MN 55123 Phone: (651) 452-3052 E-Mail: dnevaunioue-software.com Comments: A left turn onto Oak Chase Road should be maintained with a turn lane. Oak Chase traffic from the west will have to make a "U turn" or go 1i2 mile farther (Pilot Knob north to Wilderness Run to Oak Chase) and pass past a young kids park and continue through the neighborhoods. The accident rate has been very low at Oak Chase Road and Cliff is low. Why a concrete median through this area? Pilot Knob works well with a five lane asphalt road with marked turning lanes. If this doesn't work a concrete median could be added later. Seems the cost would be less also. Name: Mary Jo and Barry Graham Address: 4670 Parkridge Drive Eagan, MN 55123 Phone: (651) 454-2219 Comments: We are very pleased with the design as presented. It is especially important to the Parkcliff Neighborhood to have both Parkridge and Parkcliff with full turn option (and open medians). It's great to hear the project will be completed this year and to finally have direct access to the walking/biking trail system. Name: Frank and Roxanne Flett Address: 4654 Parkridge Court Eagan, MN 55123-2137 E-Mail: mMen@aol.com Comments: An excellent design! It is important to the Parkcliff neighborhood residents that we have the median open at both Parkcliff Road and Parkridge Drive. And the turn lanes and walking/biking paths are important for our safety. We support this project as planned and also support the time table. The sooner the better! Name: Brian and Kathy Tierney Address: 4639 Parkcliff Drive Eagan, MN 55123 Phone: (651) 686-8773 Comments: We support the Cliff Road improvements but would like the following suggestions to be considered in the planning; improve visibility when looking west from Parkcliff Drive (lower the grade). Lessen the "dip" from Parkcliff Drive when approaching Cliff, replace the Parkcliff sign when the old one is removed, and lower the speed limit on Cliff so we can make a left turn onto Cliff Road. Name: Mike and Linda Peterson Address: 4551 Oak Chase Circle Eagan, MN 55123 Phone: (651) 454-3859 and (612) 889-7766 Comments: An eastbound left turn lane to Oak Chase Road is not included in the plan. This seems to be a blatent error that should be addressed immediately. I would appreciate a list of involved people that I can contact regarding this matter. Full access must be included in plan for Oak Chase Road. Name: Deb Glomski Address: 4658 Parkridge Court Eagan, MN 55123 Phone: (651) 688-2671 Comments: :Looks great! Thanks for info. SSS NOTES INDICATED ON PLANS Would like left turn to Oak Chase. (Oak Chase Sixth Addition) Would like to see design consider berming up between path and property line to increase natural site line and noise reduction as opposed to even grade currently proposed. (Cliffridge Neighborhood) Consider steps or some way to get to trail from cul-de-sac. (Cliff Road at Fairway Hills Drive) Clear snow at barricade for visibility (Cliff Road (Lebanon Hills Park area) Trail to beach. (Parkcliff Addition) Support the plan. Suggestion: Improve poor visibility looking west from Parkcliff. Reduce speed to 45 mph. Put up a new Parkcliff sign when old one is torn down. (Parkcliff Addition) Support project. Additional lanes and turn lanes will improve safety. Concerned about noise. Opposed to trails close to residents. Concerned about speed of traffic. (Fairway Hills Drive) Add short right turn lane. (Cliffridge Addition) Is there a 15' trail easement through here? Plans to connect trail? Maintain access to Cliff Road from Ches Mar during project as much as possible. Left turn lane going east for safer u-turns back to Oak Chase (Cliff Road) (Park ridge Drive at Cliff) Opposed to median opening here. Left turn lane going east for safer u-turns back to Oak Chase Don't care for median at 1250 Cliff Road. (Cliff at Oak Chase) Left turn access should be maintained. You are creating a real hazard with a u-turn on the side hill. Four lane road at 50 mph. Bad planning. (Ches Mar East 4a` Addition) Flag the No Pass On Shoulder sign on Cliff to increase visibility. (Lexington at Cliff) Think a signal would improve pedestrian movement. Sight distance south of Lexington to east Cliff Road. (Lebanon Hills Park area) Pedestrian access to cross at Lexington difficult. (Cliff at Donberry Lane) Street light on corner. (Ches Mar 5th Addition) Steeper back slope at 2:1? Or retaining wall? E-Mails Received S? E-MAILS RECEIVED From: JWTwice@aol.com [mailto:JWTwice@aol.com] Sent: Tuesday, January 11, 2000 9:14 AM To: lezlie.vermillion@co.dakota.mn.us Subject: Project 32-28 Lezlie, Thank you for the notice of the project 32-28 meeting on Jan 27. Unfortunately I have plans that are taking me out of town. My side yard is directly connected to Cliff Rd. and I have many concerns regarding the upcoming construction. Is there any way that you can send me the information that will be disseminated to the public at this meeting. I am particularly interested in seeing drawings, grade levels, care in construction (so that our privacy and peace will not be disturbed), etc.. I would also like to know if there will be any further public meetings to discuss this construction issue? Thanks for you help Jon Wittmayer 651 905 0113 From: Tcservices@aol.com [mailto:Tcservices@aol.com] Sent: Saturday, January 08, 2000 2:03 PM To: lezlie.vermillion@co.dakota.mn.us Subject: Cliff Road improvement meeting Hello: My name is Jeffrey Clark and my family and I live on Parkridge Drive which is adjacent to Cliff Road. We were formally invited to the Project Open House on January 27th, 2000 at the Westcott Library. I will not be able to attend because of prior committments but am very interested in the project and its proposed outcome because of our close proximity to Cliff Road. Is there anyway you can mail or e-mail me the proposed changes so I may review them at my leisure? Please contact me via this e-mail address to outline the options I have in obtaining this information. Thank you. Sincerely, ~-Se Jeffrey Clark 4692 Parkridge Drive Eagan, MN 55123 From: DeSutter, Beth [mailto:Beth.DeSutter@westgroup.com] Sent: Wednesday, January 19, 2000 8:16 AM To: 'lezlie.vermillion@co.dakota.mn.us' Subject: Cliff Road Improvement Support I wanted to pass on my support for this proposed project. I live on Cliff Ridge Court (between Oak Chase Road and Lexington). Both the reduction from 2 lanes to 1 just past Pilot Knob and turning left onto Oak Chase off of Cliff have caused many near accidents for us and our visitors. In addition, the high school traffic turning off of Cliff onto Lexington in the morning is treacherous. Young drivers and busy roads without turn lanes aren't a good combinations. Thank you in advance for helping make this part of Eagan a safer place to drive. Beth DeSutter Server Technology Phone: (651) 687-558OPager: Beth.DeSutter.pager@westgroup.com E-mail: beth.desutter@westgroup.com From: James Anderson [mailto:JJLMJ Anderson@email.msn.com] Sent: Sunday, January 30, 2000 10:28 AM To: lezlie.vermillion@co.dakota.mn.us Subject: Cliff Road Project We were not in town last week and thus missed the open house regarding the Cliff Road improvement project. This email address was at the bottom of the letter as a contact for getting more information. Could you send us a copy of the proposed plan? We live on Oak Chase Road, and are primarily interested in seeing how that road will be connected. One of our concerns is that it (a residential street) may become a heavily traveled connection between Cliff Road and Wilderness Run Road. Thanks. Jim Anderson JJLMJAnderson@email.msn.com 651-452-3490 4543 Oak Chase Road Eagan, MN 55123 ~-9 From: Jesse Miller.[mailto:edlsnare4@hotmail.com] Sent: Sunday, February 06, 2000 3:34 PM To: LABY9@wsc.co.dakota.mn.us Subject: Cliff Road upgrade Lezlie I have a couple of questions regarding the upgrade of Cliff Road in Eagan. 1) Will a traffic signal be installed at the Cliff/Lexington intersection? I feel it is needed because of: --the large volumes of traffic turning left from Cliff onto Lexington during rush hour would cause traffic to back up beyond the length of a turning lane --the difficulty making left turns onto Cliff from Lexington due to the limited visibility and high speed limit on Cliff Rd. --the need to create a safe pedestrian crossing to Holland Lake park and because of the new trail on the south side of Cliff 2) Will a right turn lane be added on eastbound Cliff Road onto Fairway Hills Drive? With both lanes continuing through, right turns at the intersection would cause a dangerous situation, especially because it is at the top of a hill. I am very glad the upgrade is planned for this year. I would appreciate a response to these questions. Jesse Miller Get Your Private, Free Email at http://www.hotmail.com Response follows: ~LO From: Vermillion, Leziie Sent: Monday, February 07, 2000 9:23 AM To: 'Jesse Miller' Cc: Anton, Tom; Zech, Dave; Theisen, Donald Subject: RE: Cliff Road upgrade Jesse, Thank you for the comments on the CSAH 32 project. 1. The County is continually monitoring the traffic at CR 43 (Lexington) and CSAH 32, currently this intersection does not meet the requirements for signal installation. The County maintains a list for all intersections under our jurisdiction and this intersection does not meet the priority signal installation criteria at this time. The underground portion of the signal is being built with this project. When this intersection falls into the high priority list for signal installation, the signal will be ready for installation. 2. Your request for aright turn lane at Fairway Hills drive and CSAH 32 is an issue that our staff has discussed. At this time there is not a right turn lane planned at this intersection, the remainder of the project will have right turn lanes constructed. This intersection is confined by the retaining wall to the south and would have significant impacts to adjacent properties. I am forwarding these comments to the project design team, which includes the city and consultant, to review with other open house comments. Right turn lanes are a benefit to the roadway operations, it appears that the cost prohibits our ability to construct one at this location. Date: January 13, 2000 Subject: Proposed Improvements on county state aid 32 (ClifRd) To: Tom Anton: As per our telephone conversation on Wednesday, Jan. 12, 2000, I decided to take you up on your suggestion to e-mail to you and the Eagan council members a list of concernsfissues that I have in regards to the proposed improvements to county rd 32 (Cliff rd). • Noise pollution will be increased. Back in 1996, I suggested to the council that I felt thay should do a study on traffic noise pollution on Clifrd They've not done a study of this nature to my knowledge. I believe that the current noise level on Cbf Rd far exceeds what is considered leagally safe. • In 1996, I also asked if the council had considered erecting sound barriers in front of those dwellingsfhomes that face ClifRd proper. I would like to know if the new council mambers have considered this Have the new council members reviewed the tapes of the meeting back in 1996 to learn what some of the oppositions were for this road expansion. I don't particularly appreciate having the city of Eagan take away some of my property without reimbursement tome of any kind and more than likely increasing my property tax base with these unwanted improvements to boot. • All of the residents that face Cliff Rd would also have their property and privacy compromised if this improvement project were to proceed. Just the idea of installing bikefwalking trails will allow and make access to our properties better accessible to unwanted trespasseres and the like. In other words, to say that the city of Eagan is a crime free city and that we should have no fears of possible burglaries etc is to be very naive indeed • I also oppose the intended bikefwalking trail plan as I see no reasonable purpose for them. During the past 13 years that I've lived in Eagan, I've rarely seen bikers use the bike trails located on Di5ley, Lexington and especially those on Cliff Rd west of Pilot Knob. I've always observed bikers and joggers doing their thing on the public roads instead If these proposed improvements were to go forward, we who live on Cliff Rd would experience More noise due to the additional traffic it would bring to bear, more accidents, and last but not least, more speeding. Presently I believe that the traffic exceeds the current 50 mile per hour speed limit and I predict that this will increase to upper limits well above what is currently legal.. I would also like to stress that this is a residential neighborhood with small children who would be placed in harrms way with this improvement plan. I wonder how the council members and cityplanners would react and vote if this sort of improvement project were to involve their hom,property and personal well being. We don't need these so called improvements nor do we want them. I am sorry thatl will be out of state the week of the planned open house meeting on Jan 27* butl request that you submit my opposition to this plan to the council members and those who attend the meeting. Sincerely Milly F Walsh, 4591 Horizon Circle (Ches Mar EastH.O.A) CID, VOICE MAIL MESSAGE Steve Loeding • Feels this is a needed project and glad it is moving forward. • Feels that this project should correct the parking on the CSAH 32 shoulder that is going on east of Lei ington. He feels that this is a dangerous situation and should be corrected with this project. There should be no parking or the road should be graded far enough to prevent parking from occuring. February 8, 2000 Mr. Tom Anton Traffic Engineer Dakota County Highway Department 14955 Galaxie Avenue Apply Valley, MN 55124 Regarding: Proposed Cliff Road Project # 32-28 City Project #680 Mr. Anton: I would like to thank you for spending time with my family and me on February 7th regarding the proposed Cliff Road Project # 32-28 (City Project #680). As I noted during our discussion, my wife and I moved our family to Eagan during September 1999. We live at 4561 Oak Chase Circle. This is the Oak Chase 4t' Addition, Lot 8. Our beautifully wooden lot and neighborhood backs up to Cliff Road. I am adamantly opposed to this project as it is being proposed. My concerns are outlined below: • Noise impact - I saw no noise impact study to address my concerns of increased noise in our neighborhood. • Loss of mature trees along Cliff Road - greater than 100 Oaks and other tress are proposed to be lost due to the routing of the proposed walking path and four lane divided roadway. • The company that I work for, Koch Petroleum (and many other companies) recently donated monies for the Eagan Forever Green program to replant trees following recent storm loses. This project in no way supports the propose of Eagan Forever Green. • Unclear objectives for the project - safety and infrastructure support the core addition of a center turn lane and new road surface. Other additions to the project (four divided lanes, two walking paths) at the cost of mature trees and taxpayer dollars are not justified and should not receive city or county funding. • Limited access at Oak Chase Road and Cliff - the lack of east bound turning option when travelling south on Oak Chase Road and the lack of a north bound turning option when traveling east on Cliff are prohibitive to my neighbors and my family. Your counter proposal of a U-turn lane when travelling east on Cliff reduces safety at the intersection in my option. • The plan that was rejected In 1996 and 1998 is being proposed again in 2000. You had no reply regarding the reasons for past rejections and how that feedback has been incorporated into the scope of this project. 6 el Page l On a personal note, I have major concerns regarding how the proposed project will impact my yard. My key concern is for the safety of my three young daughters. The proposed project allows traffic within 40 feet of my fence line and places the road at a very similar elevation to my fence (reference project drawing Cross Sections STA. 278+00 to 279+00). This compares to the greater than 65 feet from traffic and 6 plus feet elevation change that exists today. I feel that my serious concerns must be addressed before this project is to move ahead. I will be on vacation with my family during the Eagan hearing on February 15th. I request that my letter is read at the hiring and my concerns addressed prior to any vote being taken. I also request that minutes from this hearing be sent to me at home address: 4561 Oak Chase Circle Eagan, MN 55123. Home - 651-905-3861 Work - 651-438-1355 Thank you for your attention regarding these matters. Sincerely, James Simon CC: Ms. Patricia Awada - Eagan Mayor Mr. Paul Bakken - City Council Member Ms. B. Blomquist - City Council Member Ms. Peggy Carlson - City Council Member Ms. Sandra Masin - City Council Member Mr. Greg Hove - Eagan Forester 6so", Page 2 Maria Karels From: Tday4564@aol.com Sent: Saturday, January 29, 2000 11:08 PM To: citycouncil@ci.eagan.mn.us Subject: Cliff Road Project Dear Mayor and Councilmembers: Having followed the talk of improvements on Cliff Road for the past two years or so, I was very interested to see the plan and ask a few questions at last Thursday's informational meeting. I was actually surprised to learn that this project has gotten to this stage without much knowledge by many of the people who live near it. The last time I remember it discussed was at a council meeting about a year and a half ago when someone from the county addressed the city council on preliminary issues. Since then I've tried to watch for it on the council's agenda, but haven't noticed anything. While the design addresses many of the problems and concerns with this stretch of road, I was unable to find anyone who could answer my questions regarding one problem I see. I am opposed to closing the turn off from eastbound Cliff Road on to Oak Chase Road. I questioned a couple of the representatives from the county about this and both of them told me they weren't sure of the reason why it was done. They said the city council requested this in the design and that it was a "political issue". I also asked a representative from the city and he wasn't quite sure either. He thought possibly it was done because of the dose proximity to the turn off to Parkridge on the opposite side of Cliff. But when I mentioned this situation exists today it didn't make sense to him either. Neither of these answers are acceptable to me. In further discussions with these people about my concerns I was told that this is a minor inconvenience since there is an opening in the median at Parkridge. They were suggesting that people wanting to turn left at Oak Chase continue to Parkridge and make a U-turn on Cliff and go back. I cannot think of a more dangerous maneuver at this point. There is no left turn lane in the proposed design to do this. So you would have to slow to a near stop in the left lane to make this turn. If you look at the plans I'm sure you will agree that this is not something that should be considered as part of this plan. And given no other alternative, we all know that this is what is going to happen. Fortunately, I was told that this design is not final and has not been approved by the council. They are still soliciting comments and input. I am asking you to take a closer look at this problem before you approve this project. Having lived here for 10 years and using this intersection nearly every day, I see no logical reason why the design cannot accommodate a turn off on to Oak Chase Road. Because I am going to be assessed for this project I am expecting to have the same access to this road as I have today. Thank you for your time and consideration on this matter. If I can answers any questions or if you would like to discuss this further, please feel free to call me at 681-9360(H) or 612-797-4886(W). Sincerely, Tim Day 4564 Cliff Ridge Court Eagan t~ MEMO city of eagan TO: TOM COLBERT, PUBLIC WORKS DIRECTOR FROM: RUSS MATTHYS, CITY ENGINEER DATE: FEBRUARY 9, 2000 SUBJECT: PROJECT 680, CLIFF ROAD UPGRADE ADDRESSING OF 1996 ISSUES BY 2000 PLANS & SPECS I checked the minutes from the December 6, 1995, County open house, March 28, 1996, City informational meeting and the May 7, 1996, public hearing regarding the proposed Cliff Road improvements. This memo attempts to explain how the present plans and specifications address issues brought up through comments/statements made at these previous meetings. Drainage concerns. All drainage affected by improvements is being directed to the curb and gutter or storm sewer system within the public right-of-way. Trees. Only trees affected by grading will be removed. Trees within right-of-way will not be replaced; trees on private property will be compensated for as part of temporary or permanent easement acquisition. The removal of trees that are on County property will be decided in the final detail plan. The County Park & Rec Department may want seedlings planted within the park. Trail/sidewalk. The trails are within the public right-of-way in all areas adjacent to private homes. These trails are part of the overall trail plan for the City and County and the security of residential property is the responsibility of the owner. Both City and County plans call for trails on both sides of the road. Easement or right-of-way acquisition. Typically, permanent easement or right-of-way in residential areas is acquired at a rate of $0.50 to $1.15 per square foot. Temporary easements are valued at 10% of the cost of the permanent easements. Sight distance at Dunberry Lane and Parkcliff Drive. The vertical curves on Cliff Road will provide adequate stopping sight distance (50 mph) and the enlarged boulevard (9'-15' boulevard, 10' trail, and 2'-5' to wall/grading) will greatly improve the visibility. Street lighting. Lighting will not be a part of this project. City can review need and address by including in CIP. Speed limit. The speed limits are set by MnDOT under the authority of the Commissioner of Transportation and based upon the speed of the traveling public. A speed study may be requested at the conclusion of the project. V Noise. The County policy for noise attenuation does not provide for noise barriers or sound reduction improvements and none will be implemented as part of this project, nor are any improvements planned after the completion of the project. By state legislative action, cities and counties outside of Hennepin County are exempt from noise attenuation requirements. Walls would not be practical. The elevation differences between the road and the homes would preclude the effectiveness of a wall. Landscape buffering has not been included as part of plans. Construction hours may be 7:00 a.m. - 10:00 p.m. 8' Safety lane. The 8' safety lanes will be included the entire length of the improvements from Ches Mar Drive/ Fairway Hills Drive to Lexington Avenue, except where there are right turn lanes. Yards/landscaping. Detail design attempts to minimize grading outside of right-of-way. Steeper slopes and retaining walls limit the number of affected properties. Crosswalks. Crosswalks are only permitted on county roads at protected (all-way stop or traffic signal) intersections and will not be installed as part of this project. The median will provide a safety island for crossing pedestrians. The existing topography precludes the option of a pedestrian bridge. A pedestrian crosswalk at Lexington Avenue would only be constructed with a traffic signal, as a controlled intersection. Realigned park access and future traffic increase may create warrants for signal with crosswalks in a few years. Construction staging. Plan to stage improvements to minimize length of closure of access east of Lexington Avenue. Power pole locations. Power poles will be located behind (north) the trail, within the right-of-way. One or two poles may be relocated outside of the right-of-way within an easement acquired by the utility company. Access on Cliff Road at Parkcliff Drive, Oak Chase Road, and Parkridge Drive. Due to close proximity of the three intersections, County will only allow full access for two, right-in/right-out access for the third. County selected proposed access; full at Parkcliff and Parkridge, restricted at Oak Chase. Most appropriate for traffic safety and flow, further separation from the full access intersections. Park Cliff Development access. Access will be maintained at all times to the subdivision, often by way of Oak Chase Road. Access may be restricted at Parkcliff while open at Parkridge, as well as the opposite situation temporarily. Need for project. Existing and projected traffic loads are beyond the adequate capacity of a rural two-lane road. Turn lanes are needed to reduce the accident rate and increase both vehicular and pedestrian safety. Police Department reports a majority of the accidents are at the Lexington Avenue intersection and much of the present traffic using the shoulder as a passing lane. Parkview Golf Course. Sign and fence west of the entrance will need to be removed in order to complete the grading for the street improvements. Drainage from the golf course was analyzed to ensure storm sewer design was in accordance with the City's Comprehensive Storm Drainage Plan. 6~ Communication is ongoing between city staff and representatives from the golf course. A right turn lane for eastbound traffic at Parkview entrance has been incorporated into the plans. Ches Mar Fifth Addition Lots 1,2,3 & 4. No retaining walls are proposed. Grading would only encroach upon the properties 10' to 20' due to steeper slopes (3:1 to 2:1). 1250 Cliff Road. County/City staff will review the situation in the field with the property owner to avoid as many pine trees as possible. Park Cliff Second Addition, Block 4, Lot 7. The only significant tree removal is occurring within the public right-of-way. Those trees will not be replaced as part of this project. See Trees above. Cliff Ridge Addition Block 1, Lot 4. A retaining wall will be placed adjacent to a portion of the property with a split rail fence at the top of it, behind the trail. There is not enough right-of-way beyond the trail to provide a berm. Please see me with any questions. City Engineer G: RWOO/Memos/Cliff Rd Issues (1996) -Tom Agenda Information Memo February 15, 2000 Eagan City Council Meeting LD BUSINESS A. CONSIDER 60 ACRE LAND ACQUISITION FOR CENTRAL FACILITIES PROPERTY ACTION TO BE CONSIDERED: • To ratify the letter of intent with Duke-Weeks for acquisition of a 60 acre parcel for the central facilities and to authorize the Mayor and City Clerk to execute a purchase agreement. To direct the City Attorney to cease condemnation activities with respect to this property. FACTS: • With the growth and development of the City over the years, volunteers associated with Community events and celebrations such as the Eagan 4`h of July celebration and fireworks display, Arts Festival, etc. have been struggling to find a location(s) that can adequately host these activities. The Eagan Rotary Club and others have also been searching for an appropriate site to construct an amphitheater/band shell to host Community activities. These factors along with an increasing desire to develop and enhance a "sense of Community" resulted in a concerted effort during 1999 to locate and acquire a site suitable to meet these needs. • The Community Facilities Land Acquisition Task Force was formed at a Special City Council meeting held on August 24, 1999 and ratified at the regular City Council meeting held on September 7, 1999. • The Task Force was charged with the responsibility of determining how much property would be necessary to acquire to meet the needs of the community for a "community park" and a future community/recreation center. • The Director of Parks and Recreation facilitated five well-attended Task Force meetings. • George Watson, principal planner for Brauer and Associates attended three of the meetings and provided technical expertise in helping the Task Force to develop their recommendations. 9O • At the Special City Council Meeting on November 1, 1999 members of the Task Force presented their report and recommendations to the City Council. The report contained the following general concepts: 1. The area in the northwest quadrant of Yankee Doodle and Pilot Knob Roads is an appropriate location for this type of park. 2. At a very minimum 34 acres is needed to meet today's program needs, 45 acres is better and is the consensus recommendation and finally, some support exists to acquire the entire 80-acre site. 3. As much property as possible should be purchased today to allow for the future. 4. This site is probably the last property in Eagan potentially available for this type of use. 5. In addition to the uses specifically noted in the Task Force Report, potential uses of a park and various facilities at the site are unlimited. 6. The opportunity for public-private partnerships exists with the corporate neighbors. 7. Acquisition of this property for a central park provides an opportunity to develop a vision beneficial to the entire community. 8. The Task Force has not spent time refining any type of facilities, instead focused on the amount and location of land to meet current program needs. • After discussion on the report, the City Council directed that the item be brought back to the November 16, 1999 regular City Council meeting for further deliberation and official action. • At the November 16, 1999 City Council meeting the report from the Community Facilities Land Acquisition Task Force was accepted. Direction was provided by the City Council to purchase a minimum of a 45-acre site, to continue to pursue public/private partnerships, to continue negotiations to acquire the property using eminent domain (condemnation), if necessary, and to explore all possible funding options. • At the December 6, 1999 City Council meeting a request by the EAA to give consideration for a Community Activity Center was presented. The City Council directed staff to prepare information for schematics, infrastructure, actual location and cost estimates for a proposed community activity center, to schedule a mobile workshop to tour metro community centers that includes the task force and City Council within two weeks, to schedule task force meetings during December to construct a "wants and needs" list of the community center and present findings at the January 4, 2000 City Council meeting and to welcome the expansion of the task force by including teen representatives, residents for recreation representatives and representatives from the EAA basketball programs. 110? / • At the January 4, 2000 City Council meeting the report of the Community Facilities Task Force was presented. After accepting the report, the City Council scheduled a public hearing for January 18, 2000 to take citizen input and to discuss the process and action required for a bond referendum for the Community Center and Central Park development. Staff was also directed to compile projected costs for the Eagan Community Center including various elements. • At the January 18, 2000 City Council meeting public input was taken and the City Council approved a motion to direct staff and the facilities task force to take input and further define space requirements, financial commitments and design elements for the community center to be brought back for Council and public review. The task force was also directed to explore any public/private partnerships that would be beneficial to the success of this project, to explore phasing options and recommend an election date for a referendum to provide financing for the project. • Following up on the direction that was given at the November 16`h City Council meeting, staff and the City Attorney's office have been engaged in discussions with the property owner, Duke-Weeks, to acquire the property through a negotiated sale/purchase. The City Attorney's office also began some very preliminary work on acquisition through eminent domain (condemnation), in the event that process became necessary. • Given the shape of the 80 acre parcel and the Duke-Weeks development plans, it became clear through the negotiations process that the acquisition of a 60 acre parcel would be more cost beneficial than purchasing a smaller parcel. Either upon completion and acceptance of the Community Facilities Task Force report or at any time in the future the City Council will have the option to sell property that is not necessary to complete the City's long-term vision for the site. • The City engaged an appraiser to establish that the negotiated purchase price is reasonable for prime commercial/industrial land. The final square foot price of $2.83 compares very favorably to the higher price per square foot that Duke-Weeks apparently paid for the Perrin property and to the price of other prime commercial/industrially zoned property in the City. • The Community Facilities Task Force is continuing to meet and carry out the City Council directives. The following two issues are beginning to develop from their work: 1. Is it more efficient and practical to develop a concept for a Community Activity Center based on a specific size and shaped parcel or would it be better to develop a concept and then use the land most efficiently to allow for the construction of that facility? The answer to this question will ?Owl eventually drive how the land is used and how many acres and in what location might eventually be offered for sale. 2. Absent an overall master plan, how can the psychological agreements developing the public/private partnerships with the three corporate neighbors be incorporated into the final vision for use of the site? Some expectations for their inclusion in the planning process have been developed. To date there has been a strong acceptance by the three corporate neighbors to partner with the City in the development of the facilities. ATTACHMENTS: PIM • The letter of intent to purchase the property is enclosed on pages and • A sheet showing the acquisition funding sources, proceeds from the sale of a portion of the land and the yearly tax im act on various residential and commercial/industrial property is enclosed on page • Correspondence from Lockheed Martin, Unisys and Northwest Airlines is enclosed on pages through • Enclosed on page is a copy of a letter from Dale Turnham in support of the project. 73 Wweeks REALTY CORPORATION February 9, 2000 VIA FACSIMILE & PERSONAL DELIVERY Mr. Thomas Hedges City Administrator City of Eagan 3820 Pilot Knob Road Eagan, MN 55122-1810 RE: Eagan Preserve Site Eagan, Minnesota Dear Tom: We are pleased to have verbally agreed to terms on the sale of the land necessary for your community center/park. The following reflects our understanding of our agreement. If you agree, please sign the letter and return one original to our office. If you have any questions, please let us know. 1. PROPERTY: Sixty (60) gross acres (2,613,600 square feet) roughly shown on the attached exhibit, subject to final confirmation by survey. 2. PURCHASE PRICE: Seven million four hundred thousand dollars ($7,400,000.00) all cash at closing. 3. EARNEST MONEY: One hundred thousand dollars ($100,000.00) to be deposited with Commonwealth Land Title Company upon execution of the Purchase Agreement. 4. INSPECTION PERIOD: Buyer will have a thirty (30) day inspection period (the "Inspection Period"), beginning when the Purchase Agreement is signed to perform due diligence and receive all approvals. Seller will deliver all relevant due diligence materials regarding the site to Buyer within five (5) days of the execution of this letter. 5. COMMISSION: None. 6. ESCROW TERMS: The Earnest Money is non-refundable to Buyer, unless Seller is unable to deliver marketable title in fee simple, or the site has environmental contamination beyond minor commercially acceptable levels. 1550 Utica Avenue South Suite 120 Minneapolis, MN 55416 Phone: 612.543.2900 City of Eagan February 9, 2000 Page 2 of 3 If Buyer refuses or is unable to close the transaction for any other reason, the Seller will retain the earnest money. 7. SELLER'S TITLE: Within ten (10) days of executing the Purchase Agreement, Seller, at its expense, will deliver a commitment for an owner's policy of title insurance. Buyer will pay the premium for any title policy and the cost of any endorsements at closing. 8. SURVEY: Seller will immediately provide any existing surveys to Buyer. Seller agrees to make all reasonable efforts to resolve any objectionable title and survey issues, provided that if such issues are not resolved, Buyer's sole remedy will be to terminate and receive a refund of the Earnest Money. Buyer acknowledges the existence of a gas main easement through the property, as well as the existence of wetlands and the flood plain associated therewith, and waives these items as possible survey or title condition objections. 9. TAXES & ASSESSMENTS: Taxes and assessments shall be prorated at closing as to both acreage and time. 10. PURCHASE AGREEMENT: Seller will prepare, at its expense, within ten (10) days of your acceptance of these terms, a draft of the Agreement to be reviewed, negotiated in good faith and executed by the parties. Seller agrees not to list or otherwise hold the Property for sale after the execution of this letter through closing or the Buyer's failure to properly proceed toward a closing of this transaction. The parties agree that a purchase agreement needs to be signed by February 18th in order to meet the required closing date. 11. ENGINEERING STUDIES: Buyer will be allowed, at its expense, to conduct engineering studies on the Property, including, but not limited to, soil borings, compaction studies and environmental assessments after the execution of the Agreement. Seller shall provide to Buyer within five (5) days after the execution of the Agreement copies of any and all surveys, title reports, environmental studies, soil borings, compaction studies and similar inspection reports in Seller's possession. Buyer shall indemnify Seller with respect to all such tests, studies and assessments conducted by or on behalf of Buyer. 12. GRADING Both parties agree to cooperate with each other, within reason, with respect to gaining easements from adjacent properties for grading, erosion control and infrastructure modifications. This shall not 0*12~ City of Eagan February 10, 2000 Page 3 of 3 imply either party has the obligation to cooperate with the other in any way that negatively impacts that party's property. 13. CLOSING: The parties shall close this transaction within fifteen (15) days after the end of the Inspection Period. The closing of this transaction is March 31, 2000. Timing in this matter is of the essence, and Duke reserves the right to terminate this agreement and the subsequent contract if closing has not occurred by March 31, 2000 for any reason other than the delay or bad faith of Duke. This letter is a non-binding expression of the parties' intent. No legal obligation is meant to exist regarding the described transaction until both parties execute a Purchase and Sale Agreement. If you have any questions regarding this offer, please call either of us. Sincerely, Duke-Weeks Realty Limited Partnership By: Duke-Weeks Realty Corporation Its General Partner By Robert H. Johns " , CCIM By: 4 es W. Gray Sr. Vice President Sr. i President & General Manag Minneapolis Industrial Division Mi apolis Office Division 612-543-2920 612- 43-2926 Accepted this W day of 2000 Buyer: City of Eagan, Minnesota By: Tom Hedges City Administrator it cc: Mike Dougherty (Fax # 432-3780) Leslie Sinnott, Duke-Weeks Legal Department Enclosure(s) '?6 02/08/2000 Central Facilities Proper Acquisition Funding Land Price $ 7,400,000 Other Non-financing Acquisition Costs 100,000 Total $ 7,500,000 Funding Sources: Park Site Acquisition & Development Fund $1,000,000 Community Investment Fund 1,500,000 General Fund Fund Balance 3,000,000 Sub-Total $ 5,500,000 Eagan EDA Bonding 2,000,000 Total $ 7,500,000 * Will require a bond sale of approximately $2,400,000. Annual debt service is estimated to be $228,000 over 20 years. Potential Selling Proceeds: Acres $3.00/sq It $3.25/sq $ $3.50/sq t $3.75/sq ft $4.00/sq ft 10 $ 1,306,800 $1,415,700 $ 1,524,600 $ 1,633,500 $1,742,400 15 $ 1,960,200 $2,123,550 $ 2,286,900 $ 2,450,250 $ 2,613,600 20 $ 2,613,600 $2,831,400 $ 3,049,200 $ 3,267,000 $ 3,484,800 Yearly Tax Impact of $228000 Annual Debt Service: (Assumes 2000 Payable Truth in Taxation Valuation Estimate) Single Family Residential Property Estimated Market Value Taxes $ 100,000 $ 4 $ 125,000 $ 6 $ 144,000 $ 7 $ 200,000 $ 10 $ 225,000 $ 12 $ 250,000 $ 14 Commercial/Industrial Property Estimated Market Value Taxes $ 150,000 $ 13 $ 500,000 $ 58 $ 1,000,000 $ 122 $ 2,000,000 $ 249 $ 3,000,000 $ 376 499 Lockheed Martin Tactical Defense Systems P.O. Box 64525 St. Paul. MN 5 5 1 64-05 2 5 LOCKHEED MARTIN November 16, 1999 Thomas L: Hedges City of Eagan Administrator 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges: It has come to our attention that the Eagan City Council will be considering at its November 16 meeting a proposal from a citizens advisory committee proposing the acquisition of property adjacent to our Eagan facility for use as a city park. This proposal for a central park and city facility is an excellent land use for this environmentally sensitive property. The proximity to our operations will be great for our employees to utilize. In previous discussions with city and community leaders regarding the construction of a band shell and potential for a city park, we committed to working with the city to develop an agreement for use of our north parking lot for special occasions or performances. We continue to be interested in developing this type of agreement between the city and our company. If the City moves forward with the planning process for a park and facility, we look forward to working with you on the parking lot usage issue. Sincerely, ,1 Q(J Thomas R. Lindquist v Director of Communications UNISYS Donald M. Schlafer MS F1 K05 Unisys Corporation 3199 Pilot Knob Road Eagan, Mn. 55121 November 1,1999 Thomas L. Hedges City of Eagan Administrator 3830 Pilot Knob Road Eagan, Mn. 55122-1897 Dear Mr. Hedges; I enjoyed meeting with you, Mayor Patricia Awada, and Ken Vraa, Director of Parks and Recreation, and appreciate your time in discussing the proposed Eagan Community Park. Unisys agrees that the proposed Community Park would be of value not only to Eagan residents, but to our employees. We feel that some type of partnership could be developed of benefit to both parties. Unisys is not opposed to occasional usage of sections of our parking lots for special events, or of the possibility of some type of shared land usage of the south west comer of the Unisys parcel. I would suggest however, that additional meetings be held to discuss specifics of the agreement once more information is available on the details of the Park plan. A liability agreement would also need to be developed acceptable to both parties. Please call me at your convenience to discuss a possible time for another meeting. Sin ely, Donald M. Schlafer . Unisys Eagan Facilities.Management Cc: Jean Krueger - Unisys Corporate Facilities NORTHWEST A I R L I N E S James M. Greenwald Vice President Facilities and Airport Affairs Northwest Airlines, Inc. 612 726-2300 Department Al 130 612 726.6599 Fax 5101 Northwest Drive St. Paul MN 55111-3034 February 10, 2000 Mayor Patricia Awada Members of the Eagan City Council 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor and City Council Members, We understand the City of Eagan is about to proceed with the acquisition of property adjacent to our Northwest Airlines Information Center in Eagan, to be used for public property. We want to provide our support and look forward to a continued partnership as a good corporate neighbor to the city. Sincerely, Greenwald DI-LDTVi VOrrHV/M V D r Dale Turnham 3708 East Denmark Court Eagan, Minnesota 55123 Home Phone 651-452-4474 February 03, 2000 Mayor Pat Awada City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Mayor Awada, I have been following with great interest the developments involving the proposed new community center and I am very much in favor of this project. When the voter turned down the last Civic Center project I was very disappointed. A city of our size really needs this kind of facility to provide the citizens a focal point for a wide variety of worthwhile activities. From what I read, fees will offset a lot of the costs and may make the center self supporting. As an aside, This was really brought home to me when, a couple of years ago, I noticed the youth group at Easter Church was going to have an outing at the Chaska civic center. The announcement commented on what a fine facility this was and what a good time they were going to have. Chaska is a long way to go, but more important, this facility was exactly what we were going to have in Eagan. As time goes by, I see that cities in the suburban area are marketing themselves to the public and amenities, like municipal golf courses and civic centers, not only to make the cities more enjoyable for the citizens, but to draw people and good businesses to the city. Because Eagan needs this facility, I am fully behind your support on this project. Sincerely, Dale Turnham Agenda Information Memo February 15, 2000 Eagan City Council Meeting B. CONSIDER MEMBERSHIP, DAKOTA COUNTY ECONOMIC DEVELOPMENT PARTNERSHIP ACTION TO BE CONSIDERED: To approve membership in the Dakota County Economic Development Partnership. FACTS: • In 1999, the Eagan Economic Development Commission (EDC) met with Steve King, executive director of the Dakota County Economic Development Partnership (DCEDP). At that meeting, Mr. King briefed the EDC on the mission of the Partnership and reviewed its annual report. He asked that the City consider rejoining the Partnership in 2000. The EDC voted to recommend that the City of Eagan include funding for membership dues in the 2000 City budget. • Mr. King appeared before the Eagan City Council on January 18, 2000, to discuss the DCEPD. The Council directed staff to again discuss the issue with the EDC. At its meeting on January 24, 2000, the EDC approved a motion to recommend City membership in the partnership. This recommendation was made with the understanding that the City should review the benefit received from membership in the Partnership during the year 2000 and revisit the issue when renewing membership in 2001. • The City's membership dues for DCEDP will be approximately $7,200. Dues were provided for in the Community Development 2000 budget. Fca Agenda Information Memo February 15, 2000 Eagan City Council C. SUBDIVISION, INVER GROVE HEIGHTS - BETTY ALLEN PROPERTY ACTION TO BE CONSIDERED: To approve the proposed development plans, subject to conditions listed below, as recommended by the Advisory Planning Commission. FACTS: • Royal Oaks Realty is proposing to develop a 56-acre site in Inver Grove Heights south of Cliff Road and east of Weston Hills. Through the Joint Powers Agreement between Eagan and Inver Grove Heights (IGH), Eagan would provide sewer and water services for this proposed development. • The Joint Powers Agreement, which was adopted by both cities in 1997, states `Eagan's approval of the extension of water and sanitary sewer services to IGH is expressly conditioned upon Eagan's approval of development plans for the Property, particularly those plans relating to: usage demands; grading; water and sanitary sewer systems; surface water runoff; storm drainage systems; street connections from each development and building permits issued for unplatted property" • The Council saw this proposal in January and directed the Advisory Planning Commission and Advisory Parks Commission to review it. The APC reviewed this proposal and took public comment during its regular meeting on January 25, 2000, and a copy of the staff memo to the APC is included. The APrC will be reviewing the proposal at its regular meeting on February 14, 2000, and the Council will be informed of the APrC's recommendation at the Council meeting. • A traffic study commissioned by the City of Inver Grove Heights detailing the potential traffic impacts to surrounding streets and roadways (in Eagan and IGH) has been completed by SRF Consulting Group. Elements of the study pertinent to the City of Eagan's streets indicate that the proposed development "would not result in a significant degradation of operational levels of service or significant queuing or delay problems at any of the study area key intersections. The development would increase traffic volumes on Weston Hills Drive, which already carries collector street volumes on a street constructed as a local street. The Apennine Way connection to Albavar Path would reduce traffic volume levels on Weston Hills Drive by 4%." City staff will be available to further discuss the traffic study. • The IGH Planning Commission has held two public meetings on this proposal. The IGH staff report recommended numerous conditions of approval, including Eagan's approval of the development as required by the Joint Powers Agreement, street connections between Apennine Way and Albavar Path and to Stratford Lane, and satisfaction of park dedication requirements for both the City of Eagan and City of Inver Grove Heights. • At the most recent IGH Planning Commission meeting, the commission recommended denial of the proposal. The IGH City Council has not yet taken action on the proposed development. ISSUES: • The issues raised by the public, residents of both Eagan and IGH, during the Eagan APC meeting were primarily related to traffic safety concerns, particularly the intersection of Apennine Way and Weston Hills Drive, but also Weston Hills Drive and Cliff Road. Other concerns raised were the lack of park and play facilities in the area and it was alleged that the facilities at Red Pine School are not available for general use during school hours, the potential for changes in drainage patterns that might result in water coming into some Eagan homes, and the preservation of trees, particularly those along the border between the two cities. • The following conditions were recommended by the APC to be attached to Eagan's approval of the development plans. 1. Street connections shall be made from Apennine Way to Stratford Lane and to Albavar Path. 2. Park dedication shall be satisfied as provided in the Joint Powers Agreement, according to the APrC recommendation. 3. The developer shall demonstrate to the satisfaction of Eagan's Engineering staff that the stormwater management plan protects existing homes in Eagan from drainage problems. 4. The grading and tree preservation plans shall provide for protection of the trees along the Eagan - Inver Grove Heights border. 5. All other conditions and requirements of the Joint Powers Agreement shall be fulfilled. • The IGH Planning Commission gave the following reasons for their recommendation of denial: 1. Concern that the existing roadway network is not sufficient to handle the increased traffic 2. There was not sufficient justification of hardship to support the Variances being requested (variances were requested for cul-de-sac length, for right-of-way width for cul-de-sac streets, and for lot width for Lot 12, Block 2) 3. The proposed expansion of the MUSA is inconsistent with the area and the city's Comp Plan which was adopted recently 4. Concerns about school capacity and bus stop location and safety ATTACHMENTS: January 25, 2000, Eagan APC Minutes, page o/ Staff Memo to APC with development plans, pages through Correspondence from Tony Wand and Anthony and Mary Ireland, pages through /0'D City of Inver Grove Heights Staff Report (without exhibits), pages JOL through Development Plans (ledger-size), separate attachment for Council members Page 8 January 25, 2000 ADVISORY PLANNING COMMISSION OTHER BUSINESS PRELIMINARY SUBDIVISION INVER GROVE HEIGHTS - ROYAL OAKS REALTY Planner Dudziak reviewed a proposed subdivision in Inver Grove Heights which would abut the southeast portion of the City of Eagan. The Inver Grove Heights proposal would impact streets, drainage areas, parks and schools within the Eagan corporate boundary. Ms. Dudziak indicated that the City Council had requested that the APC take public comment prior to the Council passing on comments to the Inver Grove Heights City Council. Mr. Tony Wand, a representative of Inver Grove Heights homeowners addressed the APC. Mr. Wand reviewed a handout he had prepared in connection with his comments to the Inver Grove Heights Planning Commission. Mr. Wand's comments directly related to the safety of Weston Hills Drive, school bus stops, increased density, etc., all as outlined in his report. Approximately a dozen residents of Eagan and Inver Grove Heights addressed the APC regarding their opposition to the proposed development. The majority of the comments centered on the issue of only one access point to the proposed development, as well as its impact on the existing development. Following a lengthy presentation by opponents to the development, the APC Members all expressed concern about different components of the development. Member Huusko moved, Member Steininger seconded a motion to recommend to the City Council that parkland dedication issues, access to Stratford Road and Albovar Drive, storm ponding issues relating to proposed Outlot A and the preservation of significant trees all needed to be resolved prior to the approval of any development in Inver Grove Heights. All voted in favor. f 'I ~I t~t city of eagan MEMORANDUM TO: Advisory Planning Commission FROM: Pamela Dudziak, Planner DATE: January 20, 2000 RE: Proposed Development of Betty Allen's Property, East of Weston Hills in Inver Grove Heights BACKGROUND Royal Oaks Realty is proposing to develop a 56-acre site in Inver Grove Heights, south of Cliff Road and east of Weston Hills in southeast Eagan. Through the Joint Powers Agreement between Eagan and Inver Grove Heights, Eagan would provide sewer and water services for this proposed development. The Eagan City Council reviewed this development proposal earlier this month and requested that it be reviewed by the Advisory Planning Commission and Advisory Parks and Recreation Commission before the Council makes formal comment to the City of Inver Grove Heights. This item has been scheduled as a public hearing for the January 25, 2000 APC meeting so that the public may comment on the proposal. The APrC will review the proposal at its regular meeting on February 14, 2000. SUMMARY OF PROPOSAL The proposed subdivision consists of 76 single-family lots on 56 acres. The property contains a few existing wetland areas. Stormwater ponding is proposed on Outlot A in the northwest corner of the site. The net density within the proposed MUSA area is 1.84 units per acre. The proposal includes a request to Rezone the property from Agricultural to various single- family residential zoning districts: E-1 Estate (2.5 acres minimum), R-1A (1 acre minimum) and R-IC (12,000 sq. ft. minimum). According to the applicant, a 16-acre portion of the site is 7 ~7 Memo - Betty Allen Property January 20, 2000 Page 2 outside of the MUSA (Metropolitan Urban Service Area) and the applicant is petitioning a Comprehensive Guide Plan Amendment to adjust the MUSA boundary to include another 4.25 acres, leaving an 11.75-acre parcel on the northeast portion of the site outside of the MUSA area. The property owner plans to continue to live in a new home that will be constructed on the 11.75-acre lot which will consist of Lot 44 Block 2 and Lot 4 Block 1. Three lots north of Apennine Way exceed one acre in size and serve as a transition to the large residential lots to the north. The remaining lots range from 12,000 to 49,523 square feet. A single street access is proposed via Apennine Way. The developer proposes two street stubs for future extension to the south, and a future extension of Apennine Way to the east to connect with Albavar Path. Another potential connection between Weston Hills Drive and Apennine Way just north of this development is also shown via an extension of Stratford Lane, but its construction with this development is uncertain because the developer does not control the land underlying the proposed street extension. ISSUES Based on Eagan City Council and Engineering staff's initial review, city staff forwarded comments to Inver Grove Heights for their consideration. The primary issues related to the proposed access and limited street connections in and out of this development, and whether the park dedication and recreational facilities are adequate. The Eagan City Council was concerned about the impact additional traffic generated by this development could have on the Weston Hills neighborhood within Eagan. City Engineering staff indicated to Inver Grove Heights that the extension of Apennine Way to Albavar Path should be completed at this time, as well as the extension of the Stratford Lane connection between Weston Hills Drive and Apennine Way. Inver Grove Heights hired a consultant to prepare a traffic study, however, the results of that study are not yet available. The APrC will be reviewing the proposal with regard to park dedication and recreational facilities. Proposed sewer, water and stormwater facilities appear to be satisfactory and in accordance with the 1997 Joint Powers Agreement, and present no negative impacts to Eagan. ACTION TO BE CONSIDERED To take public comments and make a recommendation to the City Council regarding issues related to this development. 7 rlagan boundary Location Map Parcel Area Area ® Building Footprint + tias r+ ~ r . 99 ~ • ~ • 7aff'f f ~ E ' ~ ~ . A • ? •'rruAf~ O ¦N• f i r r ' y rti ` i+7a f ¦ a • r * r • s~• C:. 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G. RM 4 SONS. INC, PART OF SECTION 31, T27N, P22W ~aoameravs - " DAKOTA COUNTY, MINNESOTA 6 De.. L+r9 1 f ! ~ ~ ~ y t t-C 17 ell s~ s °I I ~ ~ S i - E > Q' I i I ;QI II gl C, w LIJ O;: OI I. - I l - MIS ~ rii rN 11ti i .I\I' / X11 (I~iil r~ I 7-- - fr III` .\I _ @, - h - I = ~~I irnY Tr -T- ti c /1 ~ . f n Ilk I) ~g i I_ v I I i t-I ;R fC(( O IcuIy,, I - " f W Q Cl) IV, Q o\ ~yb I 1 J I I: ~u~~ IBRW nDWESM00111iC.AOUcCXM" MEMORANDUM Tbrcwshasquare 700 Third Street South Minneapolis, MN 55415 Phone: (612) 370-0700 Fax: (612) 370-1378 To: Mr. Tom Colbert % Copy: Mr. Tom Hetges Dir. of Public Works Eagan Planning Commission Eagan City Council Mayor Pat Awada From: Tony Wand A? Date: January 11, 2000 Subject: Betty Allen Development : Royal Oaks Realty % Mr. Mike Black Mr. Colbert . . . as a very concerned citizen of Inver Grove Heights ( and neighbor of Eagan I wanted to officially let you know how concerned my neighbors and I are with this proposed development in southwest Inver Grove Heights. We live on Apennine Way, currently a cul-de-sac road which empties onto Weston Hills Drive in Eagan. As you are undoubtedly aware, Royal Oaks Realty is proposing to add a 77-lot development with a single outlet point down Apennine Way onto Weston Hills Drive. This means over 500 additional cars guaranteed at this intersection. I'm sure you can appreciate the traffic and safety concerns that we have as residents of this area, not only on Apennine Way but also those residents on Weston Hills Drive. Without going in to all of the details of our concerns, I am attaching a copy of some correspondence that I have sent to Inver Grove Heights officials. We would appreciate your support in ensuring that this dangerous situation is dealt with accordingly. I would appreciate it if you could see to it that the Eagan Planning Commission, City Administrator, City Council and Mayor receive a copy of this document. If I can provide any further insight into our concerns, feel free to contact me at (w) 612-373-6419 or at (h) 651-454- 4526. Thank you. S0/T0'd SZS9 £L£ ZT9 MOH L£:£T 0002-tt- t C;PCQ CJC ?ZA • Tony Wand 10176 Apennine Way Inver Grove Heights, MN SSM Work Phone: (612) 373-6419 Fax: (612) 373-6S25 Home Phone: (651) 454-4526 To: All IGH Planning Commissioners All IGH City Council Mayor Joe Atkins From: Tony Wand 9 Date: January 7, 2000 Subject: Mike Black Development : Betty Allen property I'm sure you are aware that the Betty Allen Property development proposal will be on the Planning Commission agenda on Tuesday. January 1S". We all know the interest that this development has generated. In that regard, I wanted to give you advance notice of the neighborhood's issues with this development, namely traffic and safety. You will find three things attached: • A letter I sent to Tom Link on 12/20/99 outlining our concerns. • A reduced copy of the most recent proposal by Mike Black. • A summary matrix which outlines the status of our five main issues relative to Black's original proposal in 10/99, his second proposal in 11/99 and his most current proposal in 12/99. As you can see, his original proposal was bad, the next one was better and now the third is back to simply unacceptable and dangerous. The matrix I feel lays out our key issues rather well. However, the following summari2es what we feel is unacceptable with the current proposal. • Only one outlet down Apennine Way will funnel an additional 500+ cars per day onto a residential street (Weston Hills) which currently has a bus stop for K thru 6a graders. Essentially this now becomes a mile long cul-de-sac. Dangerous ! • Proposing to change the MUSA line in order to add more density to the development This flies in the face of Black's argument that we knew what we were getting into when we moved in three years ago. Nobody ever said the MUSA line would someday be expanded to make our neighborhood more dense at that time. • Since the original proposal we, and the entire community, have no easy access to some of the most beautiful property in all of IGH - the wetlands on this development and the tax forfeited property to the southeast. This was taken away simply to add more density; the public easements are now gone from his proposal. At the meeting on the 18*, we will be giving you a formal presentation with pictures, video and facts which support our concerns. We anticipate 30 to 50+ residents in attendance. We will be asking you to deny approval of this proposal until such time as development to the south minimizes the inevitable traffic and safety concerns. We are confident that you will agree with our concerns and vote "no" on this proposal. In the meantime, I can be reached at (h) 651-454-4526 or (w) 612-373-6419 if I can add any further insight. Thanks. Cj ) CVL,,;M A S7C9 c) c 7tq 1• M 7 c r rAM07_tt-IAif /ee,'t-,t MEMORANDUM . ovr y~rre:,eo~y . Tony wand 10176 Apennine way Inver Grove Heights, htN 55077 Horne Phone: (651) 454-4526 Work Phone : (612) 373-6419 Work Fix: (612)373-652S To: Tom Link % IGH Date: December 20°,1999 File: From: Tony Wand Subject: Betty Allen Property - December 6e submittal Tom I was very discouraged to see the latest development proposal by Royal Oaks Realty on the Betty Allen Property in southwest Inver Grove Heights. While Mr. Black has made progress in establishing transition zones between Apennine Way and Albavar Path, he still has not made any significant efforts in addressing our safety and traffic issues. In fact, we believe that the plans as submitted have-escalated our traffic and safety concerns. Our main concern is that since the original proposal nearly two months ago, the number of outlets in this 56 acre development has gone from two to one. One outlet for this entire development does not seem reasonable. I understand the Allen's are going to retain the 12+ acres in the upper NE quadrant of the property and do not want a road through their property. If Albavar is no longer an option, then Stratford Lane must be considered. Having 77 houses funnel onto Apennine Way in order to turn onto Weston Hills Drive and then Cliff Road will no doubt create even more dangerous and busy intersections. The new plan as submitted gives residents no options as to how to exit the development everyone must go down Apennine Way and turn onto Weston Hills Drive. I have pictures from last month showing school buses stacked three deep at Apennine I Weston Hills intersection with cars waiting from three different directions. My two kids will be standing at this intersection next year. Having only one outlet for 77 houses will guarantee an additional 500+ cars per day at this Apennine Way / Weston Hills Drive intersection. Keep in mind that there will be precedent set here for future developments to the south of the Betty Allen property. I also see that Black's submittal proposes changing the MUSA line in order to incorporate higher density to the south. This seems interesting considering the publicity this development has generated, and seems contrary to addressing our safety, traffic and density concerns. I am curious as to why this is even being considered. Tom, you have been very understanding of our issues thus far and we hope that we can count on your support in addressing our increasing concerns of safety and traffic flow. Please call me at your earliest convenience to discuss possible options (w: 612-373-6419 or h: 651-454-4526). Thanks, Tom. cc: Mr. Joe Atkins Inver Grove Heights City Council Members Inver Grove Heights Planning Commission Members ?9 en ,r•n • e~eo r ~.c ftla W . C t AG1C1?-t t-. * r ~ 'I 'I ids *Age c c ~ • ~ i , ~ , , .t ,1 ~^=s Est t,. - tt tt ~ Jill lot 3 Pss jai Jf a0 si l; , i : t t tla , all! ! ~7q I i ! .11 1! I F f i •~S ~Sta ~3>ia tsad jai PI . ist 0000000 'S Vi :4^. 14V 41 ` Imo! 1...~`•,` f 1' S y tr ~•?I / .''L'am ` - - ` ri :c7= r Irv ' / 7R CR, , f tV I r 03 VC: ate *as i - <v / T I \ r i = 1 ~tt1 tttl T~:t; f X111 O:fJ 50'd-b101 e e~ M . e ay~ti t 5 s s I s G C C C • Me. yr rC $ g a s c 0 g ~ ~ M x o ~..x = a ; ~ Ma gi a l gig i 4~ ~ ~ C~, ACC[ u ~3 e s s u ~ ,I .cur January 19, 2000 Anthony and Mary Ireland 4664 Weston Hills Dr Eagan, MN 55123 Community Development Dept 3830 Pilot Knob Rd 1 y 7QQ~ Eagan, MN 55122 Dear Sir or Madam, - Re: Betty Allen Property, case # 36-PS-00-01-00 I'm writing to voice my opposition to the planned development and the extension of Eagan services to the subject property. I don't oppose all development of this property, since single- family homes are the most practical use for this land. What I oppose is 76 homes crammed into an area without pre-planning. The development of land in this area started with the homes in the Weston Hills neighborhood, maybe 130 homes. Since then, development has been piecemeal and haphazard both to the south and east of our home. As such, the road system and access to major arteries (Cliff Rd and Hwy 3) are inadequate; much of the traffic from these new areas travels Weston Hills Dr to exit to Cliff Rd. This proposed development would also exit to Cliff Rd at the same intersection. This level of traffic would exceed the planned and desired levels and in any case is far more than desired by the residents. It would be a safety hazard. Secondly, I can see no benefit to Eagan's supporting this development by extending water and sewer. These new homes will only further burden city infrastructure, services, and schools with no tangible benefit in return. The only party to benefit here is Mr. Black, the developer. I propose that the land be developed as Inver Grove Heights can support it- as large lot homesites with wells and septic systems. All of the property to the east of this parcel has been developed in this format. Also, a traffic solution should be sought to provide other traffic flows rather than to Weston Hills Dr. Perhaps it would be possible to connect the development to Red Pine Lane and/or Albavar Path. I encourage you to act in the interest of Eagan residents and reject this development as currently planned. Thank you. Sincerely, Anthon A. Ireland Mary F. Ireland l v v PLANNING REPORT CITY OF INVER GROVE HEIGHTS REPORT DATE: January 14, 2000 CASE NO.: 99-78PA; 99-65SZ [Revised 1/26/00: Edits are shown in bold type, with additions underlined and deletions shown with strikethrough notations] APPLICANT: Mike Black, Royal Oaks Realty, Inc. PROPERTY OWNERS: Betty Allen REQUEST: 1) Comprehensive Plan Amendment adding 4.25 acres of MUSA and changing land use designation of that acreage from Rural Density Residential to Low Density Residential 2) Preliminary Plat Approval of a 77 lot Residential Subdivision 3) Rezoning from A, Agricultural to Rl-C & R1-A, Single Family Residential and E-1, Residential Estate 4) Wetland Impact Plan approval 5) Lot width variance for Lot 12, Block 2 6) Right of Way Width Variance for Cul-de-sac Streets 7) Cul-de-sac length Variance HEARING DATE: 1/18/99 & 2/1/00 LOCATION: South of Cliff Road on Eagan Municipal Boundary COMPREHENSIVE PLAN: LDR, Low Density Residential & RDR, Rural Density Residential ZONING: A, Agricultural REVIEWING DIVISIONS/DEPARTMENTS: Community Development, Planning, Public Works, Engineering, Administration, Park & Recreation, Fire Marshal PREPARED BY: Bill Turnblad, City Planner INTRODUCTION Mike Black of Royal Oaks Realty is proposing to develop the Betty Allen property, which is located between Albavar Path and Apennine Way south of Cliff Road. The western property line of the site is the Eagan/Inver Grove Heights municipal boundary. The exact location of the project site can be seen in Exhibit A. The preliminary plat shows 77 single family residential lots on 56.42 acres. 75 of these lots will have urban utilities and are proposed to be developed under two separate zoning classifications. 72 of these lots would be zoned R1-C and have a minimum lot size of 12,000 square feet. The other three urban lots would be zoned Rl-A, and have a 1.0 acre minimum lot size. /0/ i 't 'i Planning Report - Royal Oaks Realty (Case No. 99-65SZ) 02/10/00 Page 2 In addition to the lots with urban utilities, there are two proposed lots which would be zoned E-1 and have minimum lot sizes of 2.5 acres. These two lots would continue to be owned by the current land owner, Betty Allen, and would be located outside of the Metropolitan Urban Service Area (MUSA). In order to develop the property as proposed, a minor Comprehensive Plan amendment would be necessary. Currently, 40.42 acres of the site are located within the MUSA and can be provided with municipal sewer and water by the City of Eagan under the terms of the 1997 Joint Powers Agreement between the two Cities. The remaining 16 acres of the property are located outside of the MUSA. As can be seen in Exhibit F, portions of Lot 3, Block 1 and Lots 12-16, Block 2 are in this area outside of the current MUSA. Therefore, an amendment has been requested to include within the MUSA the 4.25 acres that constitute these lots. The amendment would also reclassify the future land use designation of the 4.25 acres from RDR, Rural Density Residential to LDR, Low Density (urban) Residential. SPECIFIC REQUEST The following specific actions have been requested: a) Approval of a Comprehensive Plan Amendment adding 4.25 acres of MUSA and changing its land use designation from RDR to LDR. b) Approval of a Rezoning from A, (Agricultural) to: R1-C, Single Family Residential, R1-A, Single Family Residential, and E-1 Residential Estate. c) Approval of a Preliminary Plat for a 77 lot detached single family residential subdivision. d) Approval of Lot Width Variance for Lot 12, Block 2. e) Approval of a Right of Way Width Variance to allow 50 foot cul-de-sac widths rather than a 60 foot width. f) Approval of a Cul-de-sac Length Variance to allow a 623 foot long cul-de-sac when 500 feet is the maximum length allowed by Subdivision Code. g) Approval of the Wetland Impact Plan as required by the State Wetland Conservation Act. EVALUATION OF REQUEST A. Comprehensive Plan Amendment The 16 acres of the Betty Allen property which are currently outside of the Metropolitan Urban Service Area (MUSA) have an unusual history. During the 1996-7 negotiations with the City of Eagan on the terms of a joint Powers Agreement to extend utilities to properties on the western edge of Inver Grove Heights, it was envisioned by the City of Inver Grove Heights that all of the Betty Allen property would develop at urban densities. The Joint Powers Agreement became one of the many documents and studies that formed the basis for the Future Land Use Map of the new Comprehensive Plan which became effective last year. However, through a cartographic drafting oversight, the eastern 16 acres of the Betty Allen property were inadvertently left out of the MUSA. The error was not discovered until after the new Comprehensive Plan was adopted. Consequently, in order to develop any of the oversight area at urban densities, an amendment to the Comprehensive Plan would be needed. The Comprehensive Plan amendment request has two parts. The first has to do with a housing density increase. It would change the permissible density of 4.25 acres of the 16 acres in question from rural density development (2.5 to 5.0 acre lots) to low density urban development (12,000 square foot lots). The remaining 11.75 acres would stay outside of the MUSA and could not be subdivided into lots any smaller than 2.5 acres. Planning Report - Royal Oaks Realty (Case No. 99-65SZ) 02/10/00 Page 3 Two issues should be satisfactorily addressed in order to approve the requested Comprehensive Plan amendment: 1) Is the proposed change in planned development density compatible with the surrounding area? and 2) Can City services be provided to the additional urban lots? 1. Compatibility The 4.25 acres of land being requested to develop at an urban density are located on the northeastern and southern periphery of the 16 acres of non-MUSA land in this project. Given the location of the closest homes on Albavar Path, the remaining 11.75 acres of non-MUSA land will provide a good transition between the E-1 and A zoned neighbors and the Rl-A and R1-C zoned lots proposed on the Betty Allen property. As can be seen on Exhibits E and F, the transition area will be platted into only two large lots. One would be 2.94 acres and one would be 8.81 acres. In addition to the buffer created by these large lots, the five lots on the southern perimeter of the site will also be separated from the Albavar Path neighbors by a sizeable wetland and dense woods, neither of which will be disturbed by the proposed development. 2. City Services As mentioned above, municipal utilities are available for the entire 16 acres of non-MUSA property, according to the terms of the joint Powers Agreement. Before a Final Plat is approved by the City Council for the project, this Comprehensive Plan amendment will have to be approved by the Metropolitan Council. City Staff discussions with the Metropolitan Council suggest that the amendment will be reviewed administratively only, and that it would in all likelihood be approved. B. Rezoning The entire site is currently zoned A, Agricultural. The proposal, as mentioned above, is to rezone the property to Rl-C, Rl-A, and E-1. The location of each of these proposed districts is shown in Exhibit B. The following land uses, zoning districts and comprehensive guide plan designations surround the subdivision site: North Single family homes; zoned R-1C, E-2, and E-1; guided LDR, Low Density Residential (1-6 units/acre) and RDR, Rural Density Residential (2.5 to 5.0 acres per lot); South Rural homestead; zoned A, Agricultural; guided RDR, Rural Density Residential (2.5 to 5.0 acres per lot); East Single family homes; zoned A, Agricultural, and E-1, Estate; guided RDR, Rural Density Residential (2.5 to 5.0 acres per lot); West Single family homes; zoned urban density residential (1-3 units/acre); guided for low density residential (1-4 units/acre). As can be deduced from the above text and Exhibits B and C, the proposed single family development would be compatible in terms of density with the existing and planned zoning and land uses for the neighborhood. Therefore, the requested rezoning seems reasonable. Incidentally, the proposed zoning map, Exhibit B, shows an isolated parcel left with the A, Agricultural zoning designation. This property is owned by Dewayne Mullin. Since the parcel is only one acre in size, the 5 acre Ag zoning classification is no longer appropriate, especially if everything around it develops at urban residential densities. It should probably be changed to R1-A. However, since Mr. Mullin is not part of the application, the rezoning of his property would have to be initiated at his request or at the direction of the City Council. A J t ~ I Planning Report - Royal Oaks Realty (Case No. 99-65SZ) 02/10/00 Page 4 C. Preliminary Plat This section of the planning report will review the proposal against City Code requirements relating to preliminary platting. The preliminary plat of the Betty Allen property, seen in Exhibit E, consists of 77 home sites spread over 56.42 acres of land. The plat consists of three distinct areas: 1) 72 lots are proposed to be developed as R- 1C home sites, ranging in size from 12,008 square feet to 55,780 square feet (average lot size would be 20,902 square feet -'/s acre).; 2) three lots are proposed to be developed as R-1A home sites, ranging from 48,746 square feet to 59,585 square feet; and 3) two lots are shown as E-1 home sites, with sizes of 2.94 acres and 8.81 acres. The project's overall gross density is 1.36 homes per acre. The gross density of the 69 homes in the 40.42 acres of existing MUSA is 1.71 homes per acre. The gross density of the 75 homes within the proposed MUSA is 1.68 homes per acre. If the wetlands are removed from the calculation, the net density of the proposed MUSA area would be 1.84 homes per acre. Regardless of which of the figures are used, the proposed density is on the low side of the planned density range for the property. The Comprehensive Plan classification of Low Density Residential calls for a gross density range of 1-6 homes per acre The developer is not yet certain whether he will develop the whole project at once, or improve lots in two phases. If the project is to be done in phases, the phasing plan must be submitted with the final plat application materials. Transition issue Over the past several years, a community expectation has emerged, which provides for a transition in lot sizes from rural residential developments to urban density developments. This expectation has played a role in the design of several developments in the immediate neighborhood. Specifically, this includes Southern Lakes/Southern Lakes Estates and Boulder Crest. In both instances, intermediate sized lots were provided between standard urban sized lots of the subdivision and the neighboring rural home sites. This community expectation is memorialized as "Action Step" number 10, found in the Comprehensive Plan for development in the City's Rural Development Area. It reads as follows: The design of future rural residential developments shall consider the lot sizes of adjacent developments. Consequently, at the urging of neighbors and City staff, the total number of proposed lots has gradually been reduced by the developer from 100 to 75. This has enabled the following transitioning elements: • The neighboring E-1, Estate zoned lots (2.5 acre minimum lot size) to the north/northeast will abut the 2.94 acre E-1 zoned lot proposed by Royal Oaks Realty. • The A, Agricultural zoned lots (5.0 acre minimum) to the east will abut the 8.81 acre lot in the proposed development. • The E-2 zoned lots in Boulder Crest to the north would abut the proposed R-1A lots on the Allen site. The Boulder Crest neighborhood east of Apennine Way has roughly 2.5 acre lots that are about 180 feet wide. The proposed new R-1A lots would have a street presence similar to the large Boulder Crest lots, since each of the new R-1A lots will have a width of at least 220 feet. Buildability of Lots Each proposed lot is buildable. 16 Y Planning Report - Royal Oaks Realty (Case No. 99-65SZ) 02/10/00 Page 5 Environmental Assessment Worksheet (EAW) An EAW is not required for the proposed 77 lots, since the project does not exceed any of the thresholds established by State Statute. Street and Traffic Issues Traffic generation and distribution is one of the key issues associated with this project. Since the site has no direct access to collector or arterial streets, all traffic from the new homes would have to use existing local streets. This is an obvious concern to the neighborhoods through which the traffic would flow. Therefore, the City has retained the SRF Consulting Group to analyze the traffic issues and prepare a report, which is attached as Exhibit O. Page 4 of the report concludes that though traffic volumes on Weston Hills Drive and Red Pine Lane would exceed the Metropolitan Council's guideline of 1,000 average daily trips on a local street, development of the Betty Allan property, together with all undeveloped property south of this site within the MUSA, "would not result in significant degradation of operational levels of service or significant queuing or delay problems." Furthermore, the report notes that sight distance is "restricted" both to the south at the intersection of Apennine Way and Weston Hills Drive, and to the east at the intersection of Albavar Path and Cliff Road. However, in neither instance does the traffic engineer find the existing condition to be a traffic hazard. Street Layout Ultimately the Royal Oaks development would have five access roads. Apennine Way to the north through Boulder Crest, Apennine Way to the east by a connection to Albavar Path, Apennine Way to the west by a connection to Stratford Lane, Arlington Street leading southward through the Betty Kogl property, and Avalon Street leading southward through the Betty KogI property. The future access through the Betty KogI property would lead to White Pine Avenue and 120th Street in Eagan. These various streets and layouts can be seen in Exhibit E. The developer is proposing to improve only the Apennine Way connection to Boulder Crest at this time. City Staff believes that the Stratford Lane connection should be completed by the developer now, as well as the Apennine Way connection to Albavar Path. However, both of these connections pose difficulties to the developer. Stratford Lane cannot be extended until a small triangular parcel of about 3,300 square feet can be acquired from the landowner, who is Dewayne Mullin. However, in negotiations with Mr. Mullin, Royal Oaks reportedly was not able to come to terms. Therefore, the City may have to explore the option of acquisition through eminent domain proceedings. The Stratford Lane connection must be approved by the City of Eagan, according to the terms of the 1997 Toint Powers Agreement, Article 4.1 The connection to Albavar Path also poses a difficulty to the developer. Betty Allen will continue to own the E-1 zoned property. He would have to arrange for her consent to construct this road connection. It will also be a rather costly road segment, since the developer would have no lots along it to recoup costs. None the less, for traffic distribution purposes, both the Cities of Eagan and Inver Grove Heights will likely want this connection to be constructed now. Access to Abuttinoperties In addition to the two streets that will be able to be extended to service the land to the south as it develops, there are two other access issues which need to be discussed. 1. John Ready owns several undevelopable parcels to the east/southeast of the Betty Allen property. The 1/4 acre lots he owns were created without access to sanitary sewer or water, and they have no road access. These lots can be seen in Exhibit N. Mr. Ready would like the City to require Royal Oaks Realty to provide access to his land. However, for the following reasons, the City does not find this to be the best alignment for access to the property to the east south/east: I 1 1 Planning Report - Royal Oaks Realty (Case No. 99-65SZ) 02/10/00 Page 6 • The Comprehensive Plan shows all of the small undevelopable lots on Exhibit N to be future City park land. This planned use can be seen on Exhibit C. • A more efficient access to the future park land would be at the southern lot line of the Betty Kogl property. This central access point allows for a more efficient road design and lower costs to tax payers. It also fits well with conceptual layouts of streets which may service all property south of Betty Allen's. 2. Currently there is an access easement along the western property line of the Betty Allen parcel. It gives alternate access to the Mullin, Kogl and Allen properties. With the completion of the local streets by Royal Oaks Realty, all three homesteads will have direct access to improved public streets and the access easement will not longer serve a purpose. It is the City's hope that this easement could then be vacated. A condition of Preliminary Plat approval should be that a copy of this access easement is submitted to the City together with Final Plat application. At that time, the City Attorney will render an opinion the possibility of vacation. However, even if vacation is not possible, no more homes will be allowed to use this access, nor will construction traffic be allowed to use it. Street Construction Specifications The platted right-of-way width for all through streets is proposed at 60 feet, and the cul-de-sacs are proposed at 50 feet. This is consistent with all recent residential developments, though the cul-de-sac width will need a variance. The street section for all through streets is proposed at 34 feet wide from back of curb to back of curb. This creates a driving surface of about 30 feet. The proposed width matches that found in Boulder Crest and is acceptable to the Public Works Department. On the cul-de-sacs, the developer would like to have a narrower street section. However, the City engineering staff does not support this. Utilities Sanitary sewer and municipal water will be extended from systems in Eagan in accordance with the 1997 Joint Powers Agreement. The City of Eagan has completed a preliminary review of the development, and believe that the utility extension should not pose problems, with the exception that a utility easement will need to be secured across vacant land in Eagan to the IGH boundary. This will be the responsibility of the developer, and will have to be completed and executed prior to final plat approval. Police and Fire Services The Cities of Eagan and IGH discussed the issue of public safety services to this property when the 1997 Joint Powers Agreement was negotiated. The City of Inver Grove Heights felt strongly that they should service the lots within its corporate limits and that the level of service for this site would be good. Public Park Requirements The public park requirement issue has not been resolved yet. The City of Eagan, under authority of the Joint Powers Agreement, can impose park dedication requirements on the development as well as Inver Grove Heights. The IGH Park Director believes that the Park Commission will recommend a cash dedication. Details of park dedication will need to be submitted together with final plat application materials. Tree Preservation The tree removal threshold on R-1A and C developments are 30%. Royal Oaks Realty is proposing to remove 30% of the tree mass on site. Therefore, no tree replacement will be required. Staff is concerned that given the rugged topography, a number of the trees within 30 feet of the grading limits may be damaged or severely stressed during grading. Therefore, the grading limits throughout the heavily treed areas should be fenced with very stout high visibility fencing material prior to beginning any tree removal or grading. /D6 Planning Report - Royal Oaks Realty (Case No. 99-65SZ) 02/10/00 Page 7 The City's Tree Preservation Ordinance does not prohibit or restrict tree removal. It simply states that if a certain tree removal threshold is exceeded, replacement is required. As a matter of reference, the Rich Hiner development known as Majestic Woodlands had a 32% tree removal rate, Woodview Estates (Rauschnot, Sr.) has a 43% removal rate, and the proposal for the Oehrlein property (Tollefson Development, Hidden Forrest) has more than a 50% removal rate. Stormwater Management Plan The City Engineer has reviewed the stormwater plan and his comments are contained in a memo attached as Exhibit P. The plan is to run all stormwater to a sedimentation pond, which will allow water to clarify before it enters the abutting wetland. A portion of the pond will be on Outlot A, the rest will be on several private lots. Staff is concerned that there will be mechanism for maintenance of the outlot, and would prefer to see surround lot lines extended to eliminate it. Levied Assessments Any levied special assessments will have to be paid off at the time the final plat is filed with the County. Miscellaneous 1) City of Eagan review The Eagan Planning Commission considered the preliminary plat and plans at its Tanuary 25, 2000 meeting. They recommended to their City Council, that support be withheld for the project unless the following occurred: • Connections should be made to Stratford Lane and Albavar Path. • The park dedication issue should be satisfactorily resolved. • Details of the stormwater plan should be reviewed and found to protect the existing homes in Eagan from drainage problems. • The trees on the Eagan/IGH boundary should be preserved. The Eagan Park Commission will review the proposal on February 14, 2000 and the Eagan City Council will review the plans on February 15, 2000. An IGH condition of Preliminary Plat approval should be that the City of Eagan approve the project prior to Inver Grove Heights action on the final plat, since the 1997 Toint Powers Agreement gives Eagan approval authority. 2) City of Rosemount review • The City of Rosemount will not be directly effected by this proposal. None the less they were given the opportunity to comment on the development proposal. Their only comment was that development in this area of Inver Grove Heights may increase the pressure to upgrade and realign 120th Street. The Cities of Inver Grove Heights, Eagan and Rosemount have already begun discussions on this issue. D. Variances Three variances are requested to make development possible as proposed. They are: 1. Lot Width Variance for Lot 12, Block 2. 2. Right of Way Width Variance to allow 50 foot cul-de-sac widths rather than a 60 foot width. 3. Cul-de-sac Length Variance to allow a 623 foot long cul-de-sac when 500 feet is the maximum length allowed by Subdivision Code. { 'I 'I Planning Report - Royal Oaks Realty (Case No. 99-65SZ) 02/10/00 Page 8 Variances 1 and 3 are the direct result of City staff requests. The lot width variance is necessary because the City would prefer not to provide access to the future park land to the east from this neighborhood (see discussion above). If it were provided from this neighborhood, the street would continue directly east, and Lot 12, Block 2 would have sufficient width on the street. Furthermore, if this road were to be continued to the eastern property line, it would not be considered a cul-de-sac, rather it would be a temporary dead-end. Temporary dead-ends are not required to meet the 500 foot maximum applied to permanent dead-ends. This can be seen in Exhibit E. The other variance is for the width of cul-de-sac right-of-ways. Though the City Subdivision Code calls for 60 foot wide right-of-ways, it has become common place for the City to allow only 50 foot right-of- ways on cul-de-sacs. E. Wetland Impact Plan A wetland delineation report has been completed by a State licensed delineator. The field staked edges of the wetlands have been transferred to the preliminary grading and excavation plans and every effort was made to avoid all impacts to the wetlands. Two small areas of Type 1 and Type 2 wetlands are being proposed for fill, but the total amount of fill is limited to 2,000 square feet. According to the Wetland Conservation Act, 2,000 square feet of Type 1 and 2 wetlands can be filled in Dakota County without any mitigation. ALTERNATIVES The Planning Commission has the following alternatives available on the proposed request: A. Approval If the Planning Commission finds the application acceptable, the Commission could recommend approval of the proposal with the following conditions: 1. The final plat shall be in substantial conformance with the following plans on file with the Planning Division, except as modified by the conditions below. • Preliminary Plat dated 12/6/99 • Zoning & MUSA Plan dated 12/6/99 • Preliminary Grading Plan dated 12/6/99 • Preliminary Utility Plan dated 12/6/99 • Preliminary Tree Preservation Plan dated 1/4/00 2. Prior to City Council approval of the final plat for this project, the Metropolitan Council must approve the requisite Comprehensive Plan amendment. 3. Prior to City Council approval of the final plat for this project, the City of Eagan must approve the development, per terms of the 1997 Joint Powers Agreement, Article 13.1 4. If development of the Royal Oaks Realty project is to occur in more than one phase, a phasing plan must be submitted together with final plat application materials. 5. A connection between Apennine Way and Albavar Path must be dedicated and built by the developer. This shall be included in the Development Contract and the final plan set submitted at the time of final plat application. 6. A connection to Stratford Lane must be dedicated and built by the developer. This shall be included in the Development Contract and the final plan set submitted at the time of final plat application. The timing of this construction will depend upon the method of acquiring a portion of the Mullin property. This may have to be through the use of eminent domain. 7. A copy of the access easement encumbering the western portion of the Betty Allen property shall be submitted at the time of final plat application. Since access to abutting properties will be provided by Royal Oaks Realty directly to improved public streets, this easement shall to ? Planning Report - Royal Oaks Realty (Case No. 99-65SZ) 02/10/00 Page 9 be vacated, if possible. In any event, no additional home sites shall be allowed access via this easement, nor shall any construction traffic be allowed to use this easement. 8. The future through streets temporarily dead-end at the southern property line of the project. A temporary turn-around shall be provided until such time as the road is extended. Furthermore, signs shall be posted at the terminus of the temporary turn-arounds, stating that the streets are planned as through streets. 9. All street widths in the project shall be a minimum of 34 feet wide from back of curb to back of curb. 10. The applicant shall submit the final plat to Dakota County for street naming and address assignment. 11. The recommendations of the Dakota County Soil & Water Conservation District shall be incorporated into final plans and submitted together with final plat application materials. 12. Stormwater management calculations and details satisfactory to the City Engineer shall be submitted together with the final plat application materials. 13. An easement for the extension of utilities from the City of Eagan must be acquired by the developer prior to filing the final plat with Dakota County for recording. Initial negotiations with the affected landowner must take place prior to submitting the final plat application. 14. Park dedication requirements for both the City of Eagan and the City of Inver Grove Heights shall be fulfilled prior to release of the final plat for recording at Dakota County. 15. Outlot A shall be eliminated unless it is to be maintained by a Home Owner's Association, or is to be a part of the public park dedication. 16. Any levied special assessments shall be paid at the time the final plat is filed for recording with Dakota County. 17. A street lighting plan shall be submitted with the final plat application. 18. All applicable conditions of the 1997 Joint Powers Agreement must be satisfied by the developer. 19. Any revisions to the grading, drainage and stormwater management plans, which the City Engineer finds necessary, shall be included in the final plat application materials. 20. The street and utility plans shall be found satisfactory to the City Engineer or modified prior to final plat application 21. Prior to Final Plat approval, the developer shall enter into a Development Contract, in form and content satisfactory to the City Attorney, which shall specify the developer's responsibilities and provide appropriate financial security for timely performance. B. Approval in Part If the Planning Commission finds any combination of the specific requests are appropriate, it could recommend approval of them. Any recommendations of denial need to be accompanied by findings of fact. C. Denial If the Planning Commission finds that the rezoning and variance review criteria are not satisfied, a recommendation of denial should be forwarded to the City Council. With a recommendation of denial, the basis of the recommendation should be given. RECOMMENDATION Staff finds the proposal to satisfy the City's land use code requirements and Comprehensive Plan guidelines. Staff does recognize that the increase in traffic volume caused by development of the Betty Allen property may be perceived as an inconvenience by current residents of both Inver Grove Heights and Eagan. However, traffic engineering study finds that no traffic service levels on any of the effected streets or intersections will fall below acceptable engineering standards. Furthermore, though sight distances may be restricted south of the intersection of Apennine Way and Weston Hills Drive, and east of the intersection of Albavar Path and Cliff Road, traffic engineering study does not find that these /D i 'i i Planning Report - Royal Oaks Realty (Case No. 99-65SZ) 02/10/00 Page 10 restricted sight distances pose a traffic hazard. Therefor, staff recommends approval of the proposal with the 21 conditions detailed in Alternative A above. Attachments Exhibit A - Location Map Exhibit B1- Zoning Map Exhibit B2 - Proposed Zoning Exhibit C - Comp Plan Map Exhibit D - Neighborhood Map Exhibit E - Preliminary Plat Exhibit F - MUSA Map Exhibit G - Preliminary Grading Plan Exhibit H - Preliminary Utility Plan Exhibit I - Dakota County Soil & Water Conservation District Letter Exhibit J - Preliminary Tree Preservation Plan Exhibit K - Letter from City of Eagan Exhibit L - Letter from City of Rosemount Exhibit M - Letters from Neighbors Exhibit N - Property Ownership in Future Park area Exhibit 0 -Letter from Royal Oaks Realty Exhibit P - Traffic Study Exhibit Q - City Engineer's Memo on Stormwater Plan //D Agenda Information Memo February 15, 2000 Eagan City Council Meeting D. COMMERCIAL/MULTI FAMILY. CONSTRUCTION DEMOLITION & RESIDENTIAL TRASH HAULER licenses for New Earth Services, Inc. ACTION TO BE CONSIDERED: To Approve or Deny a commercial/multi-family and/or a construction/demolition waste- hauling license for New Earth Services, Inc. ACTION TO BE CONSIDERED: To approve or deny an increase in the number of residential hauling licenses. ACTION TO BE CONSIDERED: To approve or deny a residential waste-hauling license for New Earth Services, Inc. FACTS: • New Earth Services, Inc. was denied a residential and commercial/multi-family waste-hauling license on January 4, 2000, because a truck, believed to be used for recycling, did not meet City code standards. • New Earth Services has re-applied indicating that the vehicle in question is not utilized in its garbage or recycling operations. • A truck, which New Earth Services believe will meet specifications within the City Code, is being brought for staff to examine to ensure that it is in compliance with City Code standards, as recommended by the City Attorney. • The applicant has also been asked to provide vehicle identification information to be added to the application. • New Earth Services would therefore like to be reconsidered for licensing for commercial/multi-family, construction demolition and residential waste hauling. • As there are no caps on the commercial/multi-family, construction demolition categories, these can be freely considered. • There are currently no residential licenses available, therefore, the Council would need to raise the cap to allow for a residential license to be granted at this time. • At the time of the denial of licensing to New Earth Services, Inc., three residential waste hauling licenses were available. • At the January 18, 2000 City Council meeting three residential licenses were granted leaving no available residential licenses at this time. • If the City Council wishes to grant a residential waste hauling license to New Earth Services at this time, the cap will need to be increased. • If the City Council does not wish to raise the cap at this time, the residential license application and all fees paid will be returned to the applicant. It can then be resubmitted at such time as a residential license becomes available. • Licenses applications are included for Council review. • The Attorney for New Earth Services has provided a letter in response to the Council's denial of waste hauling licenses, which they contend, occurred "due to an erroneous allegation that New Earth Services truck was not in compliance with the Eagan City Code." • Staff believes that allegations contained in the letter require clarification. This item is being prepared. • The Attorney letter and staff item will be distributed to the City Council with additional information on Monday. ATTACHMENTS: • A copy of the waste hauling applications for New Earth Services is included without page number. l/~ Agenda Information Memo February 15, 2000 Eagan City Council Meeting X. NEW BUSINESS A. REZONING & PRELIMINARY SUBDIVISION (GOETZ FIRST ADDITION) DANIEL AND DEBORAH GOETZ ACTION TO BE CONSIDERED: ? To approve a Rezoning of approximately 4.7 acres from A (Agricultural) to R-1 (Single Family) located south of Deerwood Drive and east of Denmark Avenue in the southwest 1/4 of Section 22. ? To approve a Preliminary Subdivision entitled the "Goetz First Addition" located south of Deerwood Drive and east of Denmark Avenue in the southwest'/, of Section 22 subject to the conditions listed in the APC meeting minutes. FACTS: > The 4.7 acre property in question is currently unplatted and is occupied by a single family residence which was constructed in 1978 and is served by a private septic system and well. The site is presently zoned A, Agriculture and guided D-I, Single Family Residential (0-3 units/acre). > Approval of the subdivision as proposed will grant the applicant a variance to allow a lot with less than 85 feet of width at the front setback line. > The subject site holds significant vegetation, slopes, and two wetlands. ? At their regular meeting on January 25, 2000, the Advisory Planning Commission held a public hearing and recommended approval subject to the conditions listed in the APC meeting minutes. 113 ISSUES: ? The developer has raised an issue regarding the conditioned requirement of a financial obligation of $ 11,636 for a deferred trunk area storm sewer assessment. In Sept. 1988, a trunk area storm sewer assessment was proposed against this parcel under Project 473. At that time, the City's policy was to assess only the first 16,500 sq. ft. of each acre for a large lot homesteaded property less than 5 acres. Subsequently, this property (4.62 ac./ 201,300 s.f.) was assessed for 66,000 s.f. ($3,300). This policy also stated that the deferred amount/acreage would be due at the time of any future subdivision, which is now occurring. The previous property owner (Mike Kohler) had objected to the assessment at that time, but it was sustained through a formal appraisal and subsequently adopted by the Council on May 1, 1990. If this policy is re-affirmed, the remaining 135,300 s.f. ($11,636) would be due now. The City also has a policy where property that has been dedicated for public right of way or drainage and utility easements are not included in the calculated assessable areas. If this proposed subdivision were to dedicate a ponding easement over the defined wetlands (25,700 s.f.) the obligation could be reduced to $ 9,426. ? The staff conducts these detailed reviews of all development applications to ensure a fair and consistent application of all fees and connection charge policies to all property within the city. This detailed review is performed after a formal application is submitted with detailed plans and related fees are paid. ? The vast majority of this parcel drains to the rear (south) into a pond that is located partially within Patrick Eagan Park as shown on the attached topography map. The trunk area storm sewer system and related financing through area wide assessments is not based on the detailed drainage patterns of individual properties, but rather based on the needs to serve the entire district. It is not unusual for any particular lot to not have all of its runoff drain directly to a city storm sewer system. The sizing of the pipes and ponds takes this into account and the assessment revenue to cover the related costs are calculated accordingly. ? The City's policy of assessing only a portion of an existing homesteaded property (ist 16,500 s.f. of each acre) was to minimize the financial burden until the property would be subdivided and/or developed in the future. The deferred assessment obligations would then be collected at that time as a condition of allowing the property to develop to a higher use and/or intensity similar to other development in the city. This policy was equally applied when the adjacent property to the west (Hosford Add.) was subdivided. BACKGROUND/ATTACHMENTS (4): Minutes of the January 25, 1999 APC meeting, pages J ~v through/J Staff report, pages through Site topography map, page Dan Goetz correspondence dated 2/8/00, page O Page 4 January 25, 2000 ADVISORY PLANNING COMMISSION REZONING & PRELIMINARY SUBDIVISION DANIEL & DEBORAH GOETZ Chair Heyl opened the next public hearing of the evening regarding a Rezoning of five acres from A (Agricultural) to R-1 (Single Family) and a Preliminary Subdivision (Goetz First Addition) to create two single family lots, located at 1260 Deerwood Drive in the SW'/4 of Section 22. Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in City staff s planning report dated January 20, 2000. Mr. Kirmis noted the background and history, the surrounding uses and the existing conditions of the subject property. Mr. Kirmis stated that the rezoning is consistent with the City's Comprehensive Guide Plan and that the proposed subdivision is generally compatible with the existing neighborhood. Mr. Kirmis additionally noted that under Paragraph I of the conditions of approval, staff would like to add Subparagraph Al of the standard conditions for preliminary subdivision approval. The applicant addressed the APC expressing concerns over financial obligations being imposed in connection with the subdivision. The applicant stated that he understood that this was not an item for the APC's consideration but that he would like to state his point on the public record. Chair Heyl closed the public hearing. In response to a question from Member Segal, the applicant expressed his understanding that a lift station may be necessary to provide sanitary sewer service to the existing house upon any future connection. The applicant stated that due to the elevations of the existing house and Deerwood Drive, that such a situation would be inevitable. Chair Heyl noted that the applicant's request for a variance to the minimum lot width is reasonable in light of the shape of the parcel, the topography of the parcel and the applicant's desire to save vegetation. Several Members noted their agreement with the Chair. Member Steininger moved, Member Tilley seconded, a motion to recommend approval of a Rezoning of five acres from A (Agricultural) to R-1 (Single Family). All voted in favor. Member Steininger moved, Member Tilley seconded, a motion to recommend approval of a Preliminary Subdivision (Goetz First Addition) to create two single family lots, located at 1260 Deerwood Drive in the SW'/4 of Section 22, subject to the following amended conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, 4, Cl, Dl, El 1`500, Page 5 January 25, 2000 ADVISORY PLANNING COMMISSION 2. The property shall be platted. 3. Proposed Lot 1 shall be subject to a cash parks dedication and cash trails dedication. 4. An individual lot tree preservation plan shall be required for Lot 1 at the time of building permit application. 5. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 6. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 7. This development shall be responsible for a water quality cash dedication in lieu of on-site ponding. All voted in favor. 146 PLANNING REPORT CITY OF EAGAN REPORT DATE: January 20, 2000 CASE: 22-PS-24-12-99 22-RZ-15-12-99 APPLICANT: Daniel and Deborah Goetz HEARING DATE: January 25, 2000 PROPERTY OWNERS: Daniel and Deborah Goetz PREPARED BY: Bob Kirmis REQUEST: Rezoning and Preliminary Subdivision LOCATION: South of Deerwood Drive and east of Denmark Avenue COMPREHENSIVE PLAN: D-I, Single Family Residential (0-3 units/acre) ZONING: A, Agriculture SUMMARY OF REQUEST Daniel and Deborah Goetz are requesting Preliminary Subdivision approval to allow the creation of a two lot single family subdivision entitled "Goetz First Addition". The proposed subdivision overlays 4.7 acres of land located south of Deerwood Drive east of Denmark Avenue in the southwest'/4 of Section 22. In conjunction with the requested preliminary subdivision, the applicant has also requested a Rezoning of the property from an A, Agriculture to an R-1, Residential Single Family zoning designation. The request also includes a Variance to allow a parcel of land with less than 85 feet of width at the front setback line. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.40, Subdivision 5 states, in part that the Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for it's consideration and recommendation. l~ Planning Report - Goetz First Addition January 25, 2000 Page 2 Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other Planning Report - Goetz First Addition January 25, 2000 Page 3 information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The 4.7 acre property in question is currently unplatted and is occupied by a single family residence which was constructed in 1978. The site is presently zoned A, Agriculture and guided D-I, Single Family Residential (0-3 units/acre) EXISTING CONDITIONS The subject site holds both significant vegetation and slopes. Mature vegetation also exists throughout the site. As previously indicated, the property is currently occupied by a single residence (proposed Lot 2). The home is served by a private septic system and well. Two wetlands exist on the site, one in the extreme northwest corner of the property and the other in the extreme southeast corner. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Single Family Residential; zoned PD, Planned Development; guided D-I, Single Family Residential (0-3 units/acre) South - Single Family Residential; zoned R-1, Single Family Residential; guided D-I, Single Family Residential (0-3 units/acre). East - Single Family Residential; zoned A, Agriculture; guided D-I, Single Family Residential (0-3 units/acre) West - Single Family Residential; zoned R-1, Single Family Residential; guided D-I, Single Family Residential (0-3 units/acre) 1/ Planning Report - Goetz First Addition January 25, 2000 Page 4 EVALUATION OF REQUEST Rezoning Because the proposed lots are less than five acres in size, a rezoning of the property from A, Agriculture to R-1, Residential Single Family is necessary. The proposed R-1 zoning is consistent with the Comprehensive Guide Plan which designates this property for D-I, Single Family Residential use (0-3 units/acre). Preliminary Subdivision Compatibility with Surrounding Area - The subject site is bounded on the north, east, and west by single family residential uses. The proposed addition of an additional single family dwelling to the area is not anticipated to adversely affect surrounding land uses. Thus, the proposed use is considered compatible with existing and anticipated surrounding land uses. Subdivision Design - Generally speaking, the proposed subdivision responds well to various site design parameters including existing wetland location, vegetation and topography. Lots - The minimum lot area requirements of the City Code have been satisfactorily met. Proposed Lot 1 measures 0.6 acres in size while Lot 2 (which is to be occupied by the existing residence) measures 4.1 acres in size. According to the Code, lots within R-1 zoning districts must have not less than 85 feet of width at the front setback line. While proposed Lot 1 greatly exceeds this requirement (142 foot width proposed), proposed Lot 2 exhibits a "flag lot" configuration and provides only 50 feet of width at the 30 foot front setback. To allow this condition, the approval of a variance is necessary. Setbacks - The exiting home (upon Lot 2) has been found to meet applicable R-1 district setback requirements while proposed Lot 1 demonstrates an ability to comply with such setbacks. Gradin / Topography - The existing site has large variations in topography and is heavily wooded. No grading is proposed as part of this subdivision. Custom grading of Lot 1 will occur at time of building permit. Storm Drainage - Storm sewer improvements will not be necessary as part of this subdivision. Utilities - Sanitary sewer and water main are available within Deerwood Drive for use by this development. The sanitary sewer is of sufficient depth to serve the proposed house on Lot 1 by gravity flow. The sanitary sewer is not of sufficient depth to serve the existing house on Lot 2 by gravity flow if a service line is constructed entirely within Lot 2. The developer should be aware that if the house on Lot 2 is to be connected to sanitary sewer in the future, it will need to be served with a private lift pump and forced pipe system. City code does not require the house on Lot 2 to be served by City sanitary sewer and water at this time because the private system is / e2 0 Planning Report - Goetz First Addition January 25, 2000 Page 5 functioning properly and it is over one acre in size. However, if the private septic system requires repair or replacement, the property owner will not receive permit approval from the City and will be required to connect the house to the City sewer system. Streets/ Access - Driveway access for both lots is available from Deerwood Drive to the north. Water Quality/Wetlands - The subject site is located in the Fish lake basin. Similar to other residential developments, regardless of size, the new home will generate additional stormwater runoff within the city. Because this development is small, however, on-site treatment of stormwater for water quality purposes is not practical. Nevertheless, in accordance with the policies the City has had in place since 1990, the development is responsible for a cash dedication equal to the cost of the land and pond volume needed to reduce phosphorus export to undeveloped conditions. About one-half of an estimated 6800 square foot wetland is located in the northwest corner of this parcel. A minimum distance of 56 feet is planned between the proposed house and the wetland. No filling or draining of the wetland is proposed. Staff recommends that this development be responsible for a water quality cash dedication in lieu of on-site ponding. Tree Preservation - The subject site is heavily wooded with a variety of deciduous trees. Proposed Lot 1 is entirely tree covered with oak trees (red and white oaks). There is considerable elevation drop within this .59 acre lot, sloping down to the west, with a pond located in the northeast corner of this lot. A tree inventory has been submitted for this application (Lot 1). It indicates that there are thirty (30) significant trees located within the lot. These red and white oaks range in diameters from 6" to 21", averaging about 15". As proposed, development within Lot 1 will result in the removal of 3 significant trees (10% of the total). According to the City of Eagan Tree Preservation Ordinance, allowable removal for this type of development (single family residential) is set at 20%. Therefore, with a proposed removal less than allowable limits, there is no mitigation applied to this application. However, as is the case with all proposed single family residential applications, tree preservation requirements will be again considered at the time of building permit application. Parks - Proposed Lot 1 will be subject to a cash parks dedication and a cash trails dedication. Airport Noise Considerations - The subject property lies outside of the airport noise exposure zones established by the Metropolitan Council. / P_/ Planning Report - Goetz First Addition January 25, 2000 Page 6 SUMMARY/CONCLUSION The proposed two lot single family residential subdivision is consistent with the land use directives of the comprehensive plan and is considered compatible with existing and anticipated uses in the area. The variance is being requested in consideration of site topography and mature tree locations. ACTION TO BE CONSIDERED A. To recommend approval of a Rezoning of approximately 4.7 acres from A (Agricultural) to R-1 (Single Family) located south of Deerwood Drive and east of Denmark Avenue in the southwest '/4 of Section 22. B. To recommend approval of a Preliminary Subdivision (Goetz First Addition), with a Variance to allow the creation of a lot with less than 85 feet of width at the front setback, on property located south of Deerwood Drive and east of Denmark Avenue in the southwest '/4 of Section 22. If approved, the following conditions should apply: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Al, Bi, 4, Cl, Dl, El 2. The property shall be platted. 3. Proposed Lot 1 shall be subject to a cash parks dedication and cash trails dedication. 4. An individual lot tree preservation plan shall be required for Lot 1 at the time of building permit application. 5. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 6. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 7. This development shall be responsible for a water quality cash dedication in lieu of on-site ponding. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. /23 FINANCIAL OBLIGATION GOETZ FIRST ADDITION There are pay-off balances of special assessments totaling $-0- on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcels proposed for platting. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. IMPROVEMENT USE RATE QUANTITY AMOUNT Trunk Storm Sewer S.F. $.086/Sq.Ft. (1)109,600 Sq. Ft. $9,426 TOTAL $9,426 (1) Assumes the granting of easements that have total area of 25,700 sq. ft.. Puma As" Location Map M 114111,61" P. nt ' - M Liu 91 0.dlob AIN r~ • , I d • Sub ect Site ' • t • All, - 40 I1. s • h s g '4 Is IF 410 ~e 1 _ 11 IF Io, ~1C.6.X IIC (Heft W M 1 7 ? • ' • A r 1 1 • 1' = g• i to all a d ? 7 1 f--!-fl UR 9 60. /1~Y .1 1 \ • 1000 0 1000 2000 FM Development/Developer. Goetz First Addition Application: Preliminary Subdivision and Rezoning Case No.: 22-PS-24 2-RZ-15-12-99 11. Pad tm no Idsrraga pawibd N C.kah uvyO.p.rOn.aaid o. raeadSipl.rOr1lR w E City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY tww.w•.ar sw.b~w•.r o•~.etw.•.r The City of Eagan aad Dakota County do not guarantee the .es.ney.f this I•hnwatl•n and are S set responsible for error* •r..ds.N.s. ICI N MIA 33 - 44 a_; a a -lit i z C/) LL. LLI WV N a W W ? W au ) \ Wye V M 91 el •O a oo'eee _ d. I t \ I c 169 • W 1 aN- ~ N N ~°o e ~e ew e \ r OWI Ot 00 01 - • . A a 001e0e 0 as W WI ~ i Wx . ICJ.. ail p, e ~ a6 0 PRELIMINARY SUBDIVISION u `po Z _ W ~ v im Z\ r r ~ ~ 1 CZ) ~~py O' j 'i / •tl~ is r S~o W ~1 i1r' / r I I ~r lo, 1/1 ca H Y P 'fry ~ j 2 \ 1:IT I~ QI .S dQN d J >v cm 3?/ t' it a`ar Z as f N WA 06 .a. ~ OJ 'inv. s~srwa3a . Z UTILITY PLAN ~~p1 g ~N N W ! iii 8 A 8 iil i JI = 3~ f l y I 1111 C=l CO) J 0 a a o c, < o w C/, Z Q ~ c 11 u h t • N = Je • y W a u Y w H = Yw cm \ M 11 •1 •O s 00'1$ s iL: ' 1 \ s n ~i. 1 1 \ 1. r owl ON. Q ~ M ~f1~f1.0 t at Q 3 W :i V J_. :1 • z Z ~ It ~ z g e \ 604 W Olt- At. 1 ooo lo, Cato- x coo l ` K 1 \ Mr. Tom Hedges February 8, 2000 City Administrator City Of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Administrator Hedges, In regards to the Preliminary Subdivision application my wife Debbie and I have in process with the city, there is an item we would like to address with you. First, I would like to offer some background and insight into our project plans: We have enjoyed living at and raising our three children on our property at 1260 Deerwood Drive for the past eight years or so. The nature, wildlife. and topography of the land are quite unique, especially the southern 4+ acres which is heavily wooded, and has been a great place to bring the kids up. With our oldest daughter now in college, our son heading to college this year, and our youngest daughter beginning high school in the fall, we began thinking about our "emptying" nest and came to the conclusion that a smaller home and lot size are a better fit for us long term. We wanted to stay in the area, if possible, and so we looked into the possibility of building a smaller house on the northern part of our land (about 2/3 of an acre or so) and selling the remainder of the property (about 4 1/3 acre) with the existing house. This large lot would remain as it is today, with no further development planned. We began discussing the project feasibility and anticipated city cost figures in October and November of last year with Eagan city staff. From those discussions, we moved ahead and made initial project investments (i.e., house plans, application fees, etc.). After this, in a final application review meeting with city staff on December 22, 1999, we were informed of a very large unexpected fee of $11,636.00 that would be required for the improvement of the city storm sewer as a result of this development Subsequently, this was reduced to $9,426.00 by the city assessor, but only if we agreed to give the city easements across the wetland areas. This issue has been very unsealing for two reasons, first, it was never mentioned in our planning discussions prior, secondly and primarily, because of the topographical layout of our land. The northern section of the property, which is the proposed new lot, is bowl shaped with it's own existing drainage pond about ten feet below street level. Storm runoff accumulates here, not into the city storm sewer system. Additionally, the southern lot, about 4 1/3 acres with our current house is completely below stmt level and slopes down about 60 feet in elevation to it's own natural pond/wetland area that holds any resultant storm drainage. This large lot is mostly heavily wooded and will not change from it's current developed state. City engineering staff verified there is no connection from these two wetland areas to the city storm water system. City staff also agrees that there will be no improvement required to the city storm system as a result of this development, reference staff planning report dated 1/20/2000 page 4 under the heading "Storm Drainage". Additionally, all initial storm sewer assessments for this property have been paid in full (by prior owner). In summary, Administrator Hedges, I am hoping and respectfully requesting that the city re-consider the application of or the amount of the Storm Sewer Improvement fee as it applies to this application. Thank-you for your consideration of this matter. Sincerely Dan Goetz 1260 Deerwood Drive Eagan, MN 55123 Cc: Director Tom Colbert Planner Bob Kirmis /30 Agenda Information Memo February 15, 2000 Eagan City Council Meeting B. RESOLUTION CALLING FOR PUBLIC HEARINGS ON ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT AUTHORITY AND ADOPTION OF AN ENABLING RESOLUTION AND ESTABLISHING DEVELOPMENT DISTRICT FOR SITE TO BE ACQUIRED-CENTRAL FACILITIES PROPERTY ACTION TO BE CONSIDERED: • To approve a resolution calling for public hearings on establishment of an economic development authority and adoption of an enabling resolution and establishing development district for site to be acquired-Central Facilities Property. FACTS: • The City Council has considered a financing plan for acquisition of the Central Facilities Property that includes financing a portion of the purchase through an Economic Development Authority (EDA). The Council has directed the City Attorney's Office and staff to prepare the necessary paperwork to create an EDA for the City. The preliminary work has been completed in conjunction with Steve Rosholt of Faegre & Benson, the City's bond attorney. • Given the required closing date on the property of March 31, 2000, the time frame is tight but achievable. The required steps and the dates contemplated for City action are as follows: 1. On February 15, 2000 a resolution is approved calling for public hearings to consider the establishment of an EDA and a development district. 2. The Advisory Planning Commission is consulted on the development district at their regular meeting on February 22, 2000. 3. Public hearing notices are published on February 24, 2000 and March 2, 2000. 4. On March 6, 2000 the City Council holds the public hearings and approves an enabling resolution establishing an EDA for the City of Eagan. The Council also approves a development district and general development plan. The EDA approves a resolution adopting the bylaws and approving officers. /3/ 5. On March 6, 2000 the City and EDA approve a "reimbursement resolution" to preserve the ability to do the financing on a tax-exempt basis subsequent to the March 31 expenditure for the property. 6. April-May the EDA sells the bonds to complete the financing. • The general development plan for the proposed development district is currently being prepared. ATTACHMENTS: • A memorandum explaining the legal aspects of the financing and establishment of an EDA from Steve Rosholt is enclosed on pages 133 through • A copy of the resolution calling for public hearings on establishment of an economic development authority and adoption of an enabling resolution and establi hing development district for site to be acquired is enclosed on page • A copy of the two legal notices for the public hearings are enclosed on pages and 13 . The following documents are enclosed for City Council information as part of the overall process. They will be formally considered on March 6, 2000. In the event there are any questions on them, please advise the City Administrator and staff will provide the additional research and background in advance of that meeting. • The enabling resolution establishing an economic development authority is enclosed on pages and 3, . • The EDA resolution adopting the bylaws and approving officers of the EDA is 7. enclosed on page/ • The proposed EDA bylaws are enclosed on pages through . /3.2 FAEGRE & BENSON LLP MINNEAPOLIS M E M O R A N D U M To: Eugene Van Overbeke James Sheldon David MacGillivray FROM: Steve Rosholt DATE: February 8, 2000 SUBJECT: Community Center Financing and Establishment of Economic Development Authority Introduction This is to describe the legal aspects of a financing plan for acquisition of the 60-acre Eagan Central Facilities Property and the considerations involved in creating an Economic Development Authority to facilitate the financing. s kr As I understand it, the City plans to acquire the site for $,V million, using available cash and debt financing for the purchase price. The general concept is that a portion of the site would be available for a possible community center, portions would be used for ring roads, drainage and other amenities and the balance would be sold for commercial development. Financing Plan Under the financing plan we discussed yesterday, the City would establish an Eagan Economic Development Authority with all of the powers of an economic development authority under Minnesota Statutes, Sections 469.090 to 469.108. To finance the site acquisition the EDA will issue revenue bonds under Section 469.103. The revenue bonds will be payable from a note and/or loan agreement to be executed by the City. Dave MacGillivray is investigating whether, as a credit matter, the City's loan obligation needs to be secured by a mortgage on any of the property. The loan obligation would be contractual obligation of the City but, because tax levies are not pledged, would not be a general obligation of the City. In connection with the transaction, the City would create a development district for the site under Sections 469.124 to 469.134 in order to enhance its development powers for the area. The City and EDA would also adopt what is known as a "reimbursement resolution" to preserve the ability to do the financing on a tax exempt basis subsequent to the March 31 expenditure for the property. I will further investigate the applicability of levy limits to the City's loan obligation. My recollection is that the Department of Revenue has recently expressed the view that levies by local governments in conduit financings such as this are exempt from levy limits. I will attempt to confirm that. Documents Along with this Memorandum I have provided drafts of the following: (a) for consideration on February 15, a City Council resolution calling hearings on the establishment of an EDA and development district; (b) notice of hearing on establishment of the EDA; (c) notice of hearing on establishment of development district; (d) form of Enabling Resolution for consideration by City Council on March 6 to establish EDA; and (e) proposed EDA Bylaws for consideration by EDA upon its formation. In addition x.33 to these items we will need to prepare a development program and approving resolution for consideration by the City Council on March 6, together with the reimbursement resolutions. Economic Development Authority Formation. The EDA must be created by the City Council under a so-called Enabling Resolution. The Council must hold a public hearing on the Enabling Resolution, giving notice of the hearing by publication in a newspaper of general circulation once each week for two consecutive weeks. The notice must include a summary of the Enabling Resolution. Powers. Except as limited by the Enabling Resolution, the EDA has the broad economic development powers set forth in Sections 469.090 to 469.108. For purposes of the proposed financing, the most important power is Section 469.101, Subd. 20 which authorizes the EDA to make loans to governmental units. It also authorizes a governmental unit to contract for the loan and exempts the loan from chapter 475 (and therefore referendum and debt limit restrictions). In the absence of an EDA, I am not aware of any other similar statutory power for the City to borrow the money. HR,4 Powers. The City may either retain its existing Housing and Redevelopment Authority and permit the HRA to continue to perform housing or redevelopment functions or it may transfer all functions, including existing activities, to the EDA. The approach taken by the draft Enabling Resolution is to transfer all HRA powers to the EDA. Governing Body. The draft of Enabling Resolution provides that the members of the City Council will serve as all the EDA commissioners. Other structures are permitted, but I assumed that this would be the easiest to implement. Development District To clarify and perhaps enhance the City's powers to purchase the site and undertake development activities, including public facilities such as a community center, I recommend that the City create a development district under Sections 469.124 to 469.134 for the site to be acquired. I will try to prepare a draft of a general plan, but I will probably need additional information. Note that consultation with the planning commission is required prior to designation of the district. M I:599242.02 -2- RESOLUTION CALLING PUBLIC HEARINGS ON ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT AUTHORITY AND ADOPTION OF AN ENABLING RESOLUTION AND ESTABLISHING DEVELOPMENT DISTRICT FOR SITE TO BE ACQUIRED BE IT RESOLVED by the City Council of the City of Eagan as follows: 1. This Council has authority to establish an economic development authority for the City under the provisions of Minnesota Statutes, Sections 469.090 to 469.108 (the "Act"), by adopting an enabling resolution after a public hearing in accordance with Section 469.093 to the Act. 2. A public hearing on the establishment of an economic development authority and adoption of the enabling resolution is hereby called and shall be held at 6:45 o'clock P.M. on Monday, March 6, 2000, at City Hall. The City Clerk is hereby authorized and directed to cause notice of the time and place of hearing, a statement of the purpose of the hearing, and a summary of the resolution to be published once each week for two consecutive weeks in a newspaper of general circulation in the City. 3. This Council has authority to establish development districts under the provisions of Minnesota Statutes, Sections 469.124 to 469.134, within designated areas of the City and to adopt development programs for such districts. The City expects to acquire a 60- acre site sometimes referred to as the Central Facilities Property. Formation of a development district for the site may serve to facilitate its development. 4. A public hearing on the designation of the site as a development district is hereby called and shall be held at 6:45 o'clock P.M. on Monday, March 6, 2000, at City Hall. The City Clerk is hereby authorized and directed to cause notice of the hearing to be published in the official newspaper. MI :586260.03 /3s NOTICE OF PUBLIC HEARING ON ADOPTION OF ENABLING RESOLUTION FOR CREATION OF EAGAN ECONOMIC DEVELOPMENT AUTHORITY NOTICE IS HEREBY GIVEN That the City Council of the City of Eagan, Minnesota shall hold a public hearing on Monday, March 6, 2000 at 6:45 o'clock P.M. at City Hall in the City of Eagan for the purpose of considering an enabling resolution to create an Economic Development Authority (the "EDA") for the City of Eagan pursuant to Minnesota Statutes, Section 469.090 to 469.108 (the "Act"). The proposed enabling resolution would create the EDA and authorize the EDA to exercise all powers granted to an economic development authority under the Act, subject to certain limitations. The limitations include, among others, that (a) any bond sales be approved by the City Council, (b) that development and redevelopment actions be approved by the City Council and (c) that the City Council may reserve the power to approve certain hiring and management practices of the EDA. The enabling resolution provides that the EDA be governed by a Board of Commissioners consisting of five members, who shall be the members of the City Council. The proposed enabling resolution transfers to the EDA all housing and redevelopment activities of the Eagan Housing and Redevelopment Authority. Dated: February 15, 2000 BY ORDER OF THE CITY COUNCIL /s/Eugene J. Van Overbeke City Clerk MI :586262.02 / 3' NOTICE OF PUBLIC HEARING ON ESTABLISHMENT OF DEVELOPMENT DISTRICT NOTICE IS HEREBY GIVEN that the City Council of the City of Eagan, Minnesota, will meet at 6:45 o'clock P.M. on Monday, March 6, 2000 at the Eagan City Hall for the purpose of conducting a public hearing on the establishment of a Development District pursuant to Section 469.124 to 469.134, Minnesota Statutes, and approval of the development program for the District. The area proposed to be included in the District is approximately 60 acres located near the Northeast corner of Pilot Knob Road and Yankee Doodle Road. Copies of a proposed Development Program for the District are on file and available for public inspection at the office of the City Clerk. Dated: February 15, 2000 BY ORDER OF THE CITY COUNCIL is Eugene Van Overbeke City Clerk MI:588541.01 /37 ENABLING RESOLUTION ESTABLISHING AN ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF EAGAN BE IT RESOLVED By the City Council of the City of Eagan, Minnesota, as follows: Section 1. Establishment of Economic Development Authority. 1.01. There is hereby established an economic development authority for the City of Eagan pursuant to Minnesota Statutes, Sections 469.090 to 469.108 (the "Act") to be known as the Eagan Economic Development Authority (the "EDA"). As provided by the Act, the EDA is a body corporate and politic and a political subdivision of the State of Minnesota. 1.02. The EDA shall be governed by a Board of Commissioners consisting of five members who shall be the members of the City Council. Section 2. Powers. 2.01. Except as otherwise provided herein, the EDA shall have the powers of economic development authorities contained in the Act and the powers of a housing and redevelopment authority under Minnesota Statutes, Sections 469.001 to 469.047 or other law and the powers of a city under Minnesota Statutes, Section 469.124 to 469.134. 2.02. Effective April 1, 2000, the control, authority and operation of all projects, as defined in Minnesota Statutes, Section 469.174, Subd. 8, and any other programs or projects authorized by Minnesota Statutes, Section 469.001 to 469.047, liabilities shall be transferred to the EDA from the Housing and Redevelopment Authority in and for the City of Eagan (the "HRA"). On such date all assets and liabilities of the HRA shall be transferred from the HRA to the EDA. Upon the effective date of such transfer, any employees of the HRA shall become employees of the EDA in accordance with Minnesota Statutes, Section 469.094, Subd. 3. 2.03. Pursuant to Minnesota Statutes, Section 469.092, the following limits are placed on the authority of the EDA: (a) The sale of bonds or other obligations of the EDA must be approved by the City Council. (b) The EDA must follow the budget process for City departments in accordance with City policies, ordinances, and resolutions, and state law. (c) Development and redevelopment actions of the EDA must be in conformance with the City comprehensive plan and official controls implementing the comprehensive plan. (d) The EDA must submit its plans for development and redevelopment to the City Council for approval in accordance with City planning procedures and laws. /38 (e) The EDA shall not hire permanent or temporary employees without prior approval by the City Council. (f) The administrative structure and management practices and policies of the EDA must be approved by the City Council. 2.04. As provided in the Act it is the intention of the City Council that nothing in this resolution nor any activities of the EDA are to be construed to impair the obligations of the City or HRA under any of its contracts or to affect in any detrimental manner the rights and privileges of a holder of a bond or other obligation heretofore issued by the City or HRA. Section 3. Implementation. 3.01. The City Council will from time to time and at the appropriate time adopt such ordinances and resolutions as are required and permitted by the Act to give full effect to this resolution. 3.02. The Mayor, the Clerk, and other appropriate City officials are authorized and directed to take the actions and execute and deliver the documents necessary to give full effect to this resolution. 3.03. Nothing in this resolution is intended to prevent the City from modifying this enabling resolution to impose new or different limitations on the EDA as authorized by the Act. 3.04. This Enabling Resolution shall be effective immediately upon its adoption. MI:586273.02 139 r 9 '1 ORGANIZATIONAL ACTION OF EAGAN ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED By the Board of Commissioners of the Eagan Economic Development Authority as follows: 1. The Eagan Economic Development Authority was organized by action of the Eagan City Council on March 6, 2000 (the "Initial Resolution"). 2. The By-laws presented to this meeting are hereby approved. 3. The following are elected as officers of the Authority: President Vice President Treasurer Secretary and Assistant Treasurer Eugene Van Overbeke Such officers shall have the powers and duties described in Minnesota Statutes, Section 469.096, and the By-laws. 3. Thomas Hedges shall be employed as Executive Director of the Authority upon the terms and conditions applicable to his employment by the City of Eagan. 4. The Eagan City Attorney shall be the chief legal advisor to the Authority. 5. The President and Executive Director shall take all such action as may be necessary or expedient to effect the transfer of programs and projects of the HRA to the Authority pursuant to the Initial Resolution. M1396279.02 1Lf() BYLAWS OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY ARTICLE I - THE AUTHORITY Section 1. Name of Authority. The name of the Authority shall be the "Eagan Economic Development Authority". Section 2. Seal. The Authority shall be in the form of a circle and shall bear the name of the Authority. The absence of a seal shall not affect the validity of any contract. Section 3. Office of Authority. The offices of the Authority shall be at City Hall in the City of Eagan, State of Minnesota, but the Authority may hold its meetings at such other place or places as it may designate by resolution. ARTICLE II - OFFICERS Section 1. Officers. The officers of the Authority shall be a President, a Vice- President, a Treasurer and a Secretary-Assistant Treasurer. Section 2. President. The President shall preside at all meetings of the Authority. Except as otherwise authorized by resolution of the Authority, the President shall sign all contracts, deeds and other instruments made by the Authority. At each meeting the President shall submit such recommendations and information as the President may consider proper concerning the business, affairs and policies of the Authority. Section 3. Vice-President. The Vice-President shall perform the duties of the President in the absence or incapacity of the President; and in case of the resignation or death of the President, the Vice-President shall perform such duties as are imposed on the President until such time as the Authority shall select a new President. / Section 4. Treasurer. The Treasurer shall perform the duties of a Treasurer for the Authority. The Treasurer 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 Authority may select. The Treasurer shall sign all orders and checks for the payment of money and shall pay out and disburse such moneys under the direction of the authority. Except as otherwise authorized by resolution of the Authority, all such orders and checks shall be counter-signed by the President or the Assistant Secretary-Treasurer. The Treasurer shall keep regular books of accounts showing receipts and expenditures and shall render to the Authority, at each regular meeting (or oftener when requested), an account of transactions subsequent to the prior meeting or report and also of the financial condition of the Authority. The Treasurer shall prepare a detailed financial statement at least once each year. The Treasurer shall give such bond for the faithful performance of his or her duties as the Authority may determine. Section 5. Secre . The Secretary shall in his or her own name and title keep the records of the Authority, shall act as Secretary of the meetings of the Authority and record all votes, and shall keep a record of the proceedings of the Authority in a journal of proceedings to-be kept for such purpose, and shall perform all duties incident to the office. The Secretary need not be a member of the Board of Commissioners and may also be appointed Assistant Treasurer to perform the duties of the Treasurer. Section 6. Executive Director. The Authority may employ an Executive Director who shall have general supervision over the administration of its business and affairs, subject 2 1~4 a to the direction of the Authority. He or she shall be charged with the management of the projects of the Authority, subject to specific authorization. The compensation of the Executive Director shall be determined by the Authority. Section 6. Additional Duties. The officers of the Authority shall perform such other duties and functions as may from time to time be required by the Authority or the bylaws or rules and regulations of the Authority. Section 7. Election or Appointment. The President, the Vice-President and Treasurer shall be elected at the annual meeting of the Authority from among the Commissioners of the Authority, and shall hold office for one year or until their successors are elected and qualified. The Secretary and Executive Director shall be appointed by the Authority. Any person appointed to fill the office of Executive Director, or any vacancy therein, shall have such term as the Authority fixes, but no Commissioner of the Authority shall be eligible to this office. Section 8. Vacancies. Should the office of President, Vice-President or Treasurer become vacant, the Authority shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. When the office of Secretary or Executive Director becomes vacant, the Authority shall appoint a successor, as aforesaid. Section 9. Additional Personnel. The Authority may from time to time employ such personnel as it deems necessary to exercise its power, duties and functions as prescribed by the laws of Minnesota applicable thereto. The selection and compensation of such personnel 3 r .i ~r (including the Executive Director) shall be determined by the Authority subject to the laws of the State of Minnesota. ARTICLE III - MEETINGS Section 1. Annual Meeting. The annual meeting of the Authority shall be held on the first Tuesday of January at seven o'clock p.m. at the regular meeting place of the Authority. Section 2. Regular Meetings. Regular meetings shall be held without notice at the regular meeting place of the Authority on the dates and at the times established for regular meetings of the City Council. Section 3. Special Meetings. Special meetings of the Authority may be called by the President, or two members of the Authority for the purpose of transacting any business designated in the call. The call for a special meeting may be delivered at any time prior to the time of the proposed meeting to each member of the Authority or may be mailed to the business or home address of each member of the Authority at least two (2) days prior to the date of such special meeting. At such special meeting no business shall be considered other than as designated in the call, but if all of the members of the Authority are present at a special meeting, any and all business may be transacted at such special meeting. Section 4. Quorum. The powers of the Authority shall be vested in the Commissioners thereof in office from time to time. Three Commissioners shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, but a smaller number may adjourn from time to time until a quorum is obtained. 4 V When a quorum is in attendance, action may be taken by the Authority upon a vote of a majority of the Commissioners present. Section 5. Order of Business. At the regular meetings of the Authority the following shall be the order of business: 1. Roll call 2. Reading and approval of the minutes of the previous meeting 3. Bills and communications 4. Report of the Executive Director 5. Reports of committees 6. Unfinished business 7. New Business 8. Adjournment All resolutions shall be in writing and shall be copied in the journal of the proceedings of the Authority. Section 6. Manner of Voting on Resolutions. The voting on all resolutions before the Authority shall be by roll call, and the yeas and nays shall be entered upon the minutes of such meeting. ARTICLE IV - COMPENSATION, EXPENSES Section 1. Compensation. The Authority may at its annual meeting set levels of compensation for the commissioners. Levels of compensation may be set for regular and special meetings and will be in force for that year. The person or persons requesting said 5 f "i ~I special meeting may be made to pay the salary costs of said special meeting, or the Authority may charge the costs to a particular project or pay said costs from its general funds. Each commissioner may be paid for attending meetings of the Authority, regular and special, up to twenty-five dollars ($25.00) per meeting, the aggregate of all payments to each commissioner for any one year not to exceed, however, fifteen hundred dollars ($1500.00). Section 2. Expenses. Each commissioner shall be entitled to received necessary expenses incurred while traveling on Authority business with prior approval of the Authority. The Authority may set levels of compensation at its annual meeting. ARTICLE V - AMENDMENTS Amendments to Bylaws. The bylaws of the Authority shall be amended only with the approval of at least three of the members of the Authority at a regular or a special meeting. MI:516290.02 6 }yhy'~ti~ sFr.;,. 5 X ? ~1 £.'f j'.' 3830 Pilot Knob Road Eagan; MN 551221897k'~vs,t . (6l2) 6814600 C of an ity Eg Hauler icensiog Application Y Y Constrnon / Demolition Deb is I Alm PJ~D~~~ F,. °~~Y pP hereby make application for a RefusAicycltng license for tie year Owner. j }4f t Pt ~ a 3~ _ ~ ! NtaS V~oo Z> - Name , :.',a r f City State Zip Telephone *1 t 'ra T W ..QdX l ~3 s , Business. Name SJG~v/C~S• //l/t,~ /.S GANi= A Y Name Address r_ 9P F 'M)yt C" City State Zip Telephone Municipalities where presently licensed: LICE TYPE: ns on/Denolition Debris (Number of trucks) - Required for haulers or contractors using containers greater than four cubic yards. Additional requirements outlined in Hauling Ordinance as attached FEES: $50 for first vehicle, plus $25 for each'additional vehicle. TOTAL NUMBER OF VEHICLES TO OPERATE IN EAGAN: / 1 @ $50: 50 @ $25 each: Total: *Vehicles used in more than one licensing category must fill out a separate application, but pay only one fee per truck. Example: One truck which picks up both residential and commercial recycling needs two licenses, but- gply one fee. Please note if this is applicable. The following must be included in order for your application to be processed: Motor Vehicle Insurance -3- /fDa Date of Expiration Worker's Comp. Insurance -oo Date of E:piration Rate Schedule • If your company wishes to operate as either a Residential or aCommercial / Multi Dwelling hauler, a eorresponding license most be obtained, and additional fees must be paid if additional trucks are to be used. If you need application forms or have questions please call the City of Eagan at 681-4600. is it _1 .3830 Pilot Knob Road Eagan, MN 55122-1897 (612) 681-4600 City of Eagan Hauler Licensing Application Commercial / Multiple Dwelling I, Ak ..P hereby make application for a Refuse/Recycling license for the year Owner: MAik /luE P j / 4<9 , f&6s way i7 R yAP r- Name ,A I AM /Y. S__)/ City State Zip Telephone Business Name: V) GAS /A CA LIVE 4 157, Name Address A CA i' M Alt SS) 23 /~.1`2 -9oJ - ? 97/ City State Zip Telephone Municipalities where presently licensed: LICENSE TYPE: Commercial / Multiple Dwelling Refuse/Recycling (Number of trucks) - Required for haulers serving commercial accounts and multiple family dwellings being serviced in a commercial manner. - State, county and city mandates require residential recycling opportunities be provided for multi- family units. - Encourages, but does not require commercial recycling. - Recycling vehicles may be included in the commercial/multiple dwelling license, if operated by a single company. Each must be counted as an additional vehicle. - Additional requirements outlined in Hauling Ordinance as attached. Commercial / Multiple Dwelling Recycling Only (Number of trucks) - Required for haulers performing only recycling for commercial or multi-family residential. - Applicable to independent firms, subcontractors, and licensed haulers. FEES: $50 for first vehicle, plus $25 for each additional vehicle. TOTAL NUMBER OF VEHICLES TO OPERATE IN EAGAN: 1 @ $50: 50 @ $25 each: Total: * Vehicles used in more than one licensing category must fill out a separate application, but pay only one fee per truck. Example: One truck which picks up both residential and commercial recycling needs two licenses, but only one fee. Please note if applicable. The following must be included in order for your application to be processed: _X_ Motor Vehicle Insurance Date of Expiration Worker's Comp. Insurance.-&-,o Date of Expiration Rate Schedule *If your company wishes to operate as either a Residential, or a Construction I Demolition Debris hauler, a corresponding license must be obtained, and additional fees must be paid if additional trucks are to be used. If you need application forms or have questions please call the City of Eagan at 681-4600. 383(1 Pilot Knob Road -Eagan, MN 55122-1897 (612) 681-4600 ` City of Eagan Hauler Licensing Application Residential I, A XR /C P/ CA~Z , hereby make application for a Refuse/Recycling license for the year PD. A ~ f Owner: MAR9 A/ US W DDo LA 17 Name Address ,E- A &A N /NA IV -r.7 0202 04"/ / vPf 73 9ol, City State Zip Telephone NEWIART' Po,fox Business Name: . i /Q Y/CES #j7 +f'/ R/5 Z A ,tf E A i/i , Name Address L::A619N A/ S5 la3 Gf - 1ys d'9?/ City State Zip Telephone Municipalities where presently licensed: A PPS, 9 V141-4 0 Y /('PS>,/Y 0 4? 1V J'-- N Mi~AOe IA 1/ r-c1 .S PC- S T- /OAa L 13 L-'PoM /No.7rl,nl LICENSE TYPE: S ) Residential Refuse/Recycling (Number of trucks) ,2- - Required for haulers serving single family detached, duplex and four-plex units. - Recycling and compost vehicles may be included in the residential license, if operated by a single company. Each must be counted as an additional vehicle. - State, county and city mandates require residential recycling opportunities be provided. - Additional requirements outlined in Hauling Ordinance as attached. Residential Recycling Only (Number of trucks) - Required for haulers performing only residential recycling for single family, duplex and four- plex residential. - Applicable to independent firms, subcontractors, and licensed haulers. FEES: $50 for first vehicle, plus $25 for each additional vehicle. TOTAL NUMBER OF VEHICLES TO OPERATE IN EAGAN: 1 @ $50: 50 / @ $25 each: Total: 7 *Vehicles used in more than one licensing category must fill out a separate application, but pay only one fee per truck. Example: One truck which picks up both residential and commercial recycling needs two licenses, but only one fee. Please note if this is applicable. The following must be included in order for your application to be processed: X Motor Vehicle Insurance 3 -//-Oo Date of Expiration Worker's Comp. Insurances-//- loDate of Expiration Rate Schedule *If your company wishes to operate as either a Commercial I Multiple Dwelling, or a Construction / Demolition Debris hauler, a corresponding license must be obtained, and additional fees must be paid if additional trucks are to be used. If you need application forms or have questions please call the City of Eagan at 681-4600. f "I Gambling Control Board Fax:612 Jan 27 '00 15:55 P.02 For Board Use Only Fee Palo Minnesota Lawful Gambling Page 1 of 2 Chacx No. Application for Exempt Permit - LG220 10198 Initials Received Organization Information Organization name Previous lawful gambling exemption number Alpfu J A0.Y C 4AAa of Q rh m tfU-C Street City State/Zip Code County ? oo WEST y1 i Su tm q O'3 l r. Vf MA SS f 4Ko Name of chief executive officer (CEO) of organization Daytime phone number of First name Last name CEO. ((.,1 Z ) 61L(' Qu~r CMS 891- 8'8a9 Name of teasurer of organization Daytime phone number of First name Last name treasurer: 2-- (A1c.K (br o0 Type of Nonprofit Organization Check the box that best describes your organization: Fraternal ? Religious ? Veteran ? Odwrnonprofit organization Check the box that indicates the type of proof your organization attached to this application: ? IRS letter indicating income tax exempt status ? Certificate of Good Standing from the Minnesota Secretary of State's Office ? A charter showing you are an affiliate of a parent nonprofit organization ? Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) ors Y~c. FF Address (do not use PD box) City Statelzip Code County a.-20 C L;FF PA EPr GPA Date(s) of activity (for raffles, indicate the date of the drawing) ViR-t' 04 Y M Af-CO 31 Ao0 0 Check the box or boxes that indicate the type of gambling activity your organization will be conducting: []'Bingo Raffles []'Paddlewheels []'Pull-Tabs ?'Tipboards "Equipment for these activities must be obtained from a licensed distributor. This form will be made available in alternative Your name and and your organization's name Private data about you are available only to the format (i.e. large print, Braille) upon request. The and address will be public information when following: Board members, staff of the Board information requested on this form (and any received by the Board. All the other information whose work assignment requires that they have attachments) will be used by the Gambling that you provide will be private data about you access to the information; the Minnesota Control Board (Board) to determine your until the Board issues your permit When the Department of Public Safety; the Minnesota qualifications to be involved in lawful gambling Board issues your permit, all of the information Attorney General; the Minnesota Commissioners activities In Minnesota. You have the right to that you have provided to the Board in the of Administration. Finance, and Revenue: the refuse to supply the information requested; process of applying for your permit will become Minnesota Legislative Auditor, national and however, if you refuse to supply this information, public- If the Board does not issue you a permit, international gambling regulatory agencies; the Board may not be able to determine your all the information you have provided in the anyone pursuant to court order, other individuals qualifications and, as a consequence, may refuse process of applying for a permit remains private, and agencies that are specifically authorized by to issue you a permit. If you supply the with the exception of your name and your state or federal law to have access to the information requested, the Board will be able to organization's name and address which will information; individuals and agencies for which process your application. remain public- law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. 01-27-00 15:14 TO:A V CHAMBER FROM:612 P02 I 1 I Gambling Control Board Fax:612 Jan 28 '00 11:02 P.01 Page 2 of 2 Application for Exempt Permit - LG220 10198 Organization Name_U 4 A -Y CkYnttlz of o mm e LQ'C Local Unit of Government Acknowledgment (Required by Statute) If the gambling premises Is within city limits, the If the gambling premises is located in a township, both city must sign this application. the county and township must sign this application. On behalf of the city, I acknowledge this application On behalf of the county, I acknowledge this application and three options for the city: and three options for the county: 1. Approve the application: By taking no action, 1. Approve the application: By taking no action, the the city allows the Board to issue a permit after county allows the Board to issue a permit after 30 days. 30 days (60 days for a first class city). 2. Waive the above-noted waiting period: The county allows the Board to issue a permit before 30 days. 2. Waive the above-noted waiting period; The Documentation attached. city allows the Board to issue a permit before 3- Deny the application by passing a resolution within 30 days (60 days for a first class city)- Docu- 30 days. mentation attached. Print name of county: 3. Deny the application by passing a resolution within 30 days (60 days for a first class city). (Signature of county personnel receiving application) Title Print ame of Date On behalf of the township, I acknowledge that the (Signature of city personnel receiving application) organization is applying for exempted gambling activity Title within the township limits. i Sfi A~1 Se C - Date 1 l Cat A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213. subd. 2)_ Print name of township: (Signature of township official acknowledging application) Title Date 1 / Chief Executive Officer's Signature The information provided in this application is complete and accurate to the best of my knowledge. Chief Executive Officer's signature 4/, Name (please print) Date 3 10 Mail Application and Attachment(s) At least 45 days prior to your scheduled activity date send: - the completed application; • a copy of your proof of nonprofit status, and • a $25 application fee (make check payable to "State of Minnesota"). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 200 South Roseville, MN 55113 if your application has not been acknowledged by the local unit of government, do not send the application to the Gambling Control Board. 01-28-00 10:21 TO:A V CHAMBER FROM:612 P-01 i ~ i J 236 OF Ea All Za Wham these Presents Shall Game, Nreeting: Whereas, Articles of Incorporation, duly signed and acknowledged under oath, have been recorded in the office of the Secretary of State, on the --19th-- - day of May , A. D. 192-1- for the incorporation of Apple Valley Area Chamber of Commerce, Inc. 4 under and in accordance with the provisions of the Minnesota Nonprofit Corporation Act, Minnesota Statutes, Chapter 317; % Now, ctherefare, I, Arlen I. Erdahl, Secretary of State of the State of Minnesota, by virtue of the powers and duties vested in me by law, do hereby certify that the said - Apple Valley Area Chamber of Commerce, Inc. is a legally organized Corporation under the laws of this State. Witness my official signature hereunto sub- scribed and the Great Seal of the State of Minnesota hereunto affixed this --nineteenth-- day of May in the year of our Lord one thousand nine hundred and seventy-one X7 Secretary o State. 40-14