12/11/2006 - City Council Public Works CommitteeAGENDA
PUBLIC WORKS COMMITTEE MEETING
MONDAY, DECEMBER 11, 2006
6:45 P.M.
CITY COUNCIL CHAMBERS
I. ROLL CALL & AGENDA ADOPTION
G ~ II. REVIEW IGH PLANS FOR A PEDESTRIAN TRAIL IN
'1 BROADMOOR PARK
-~ ~ III. CAPONI ART PARK & LEARNING CENTER TUNNEL
FENCE REMOVAL
IV. OTHER BUSINESS
V. ADJOURNMENT
City of Ea~aa Memo
TO: COUNCILMEMBERS MAGUIRE AND FIELDS
FROM: CITY ADMINISTRATOR HEDGES
DATE: DECEMBER 8, 2006
SUBJECT: PUBLIC WORKS COMMITTEE MEETING /DECEMBER 11
A public works committee meeting has been scheduled on December 11, immediately following
the Special City Council meeting.
At the request of the Committee, staff has contacted Ms. Stephanie Favre to inform her of the
Broadmoor trail discussion scheduled for the meeting. Likewise, the Caponis have been
contacted about the tunnel fence removal item.
/s/Thomas L. Hedges
City Administrator
Public Works Committee Meeting
December 11, 2006
II. Review Inver Grove Heights' Plans for a Pedestrian Trail in Broadmoor
Park
Background Information
• Inver Grove Heights is proposing to build a hard surface trail in Broadmoor Park.
Broadmoor Park is in Inver Grove Heights with its western border abutting
several residential lots along Weston Hills Drive in Eagan.
• A group of Eagan residents with property abutting Broadmoor Park approached
the Eagan City Council on September 5 asking that action be taken to stop the
trail construction. The residents expressed concern that they had not been notified
of an Inver Grove Heights public meeting during which the trail was discussed
and thus felt they had not been able to fully voice their concerns regarding the
trail.
• In a September 8, 20061etter to IGH Mayor Tourville, the City of Eagan
requested review of the development as stipulated by Section 13.1 of the 1997
Join Powers Agreement between the City of Inver Grove Heights and the City of
Eagan. Section 13.1 requires Eagan's approval of all development plans for the
property.
• The inclusion of the park within the development was a condition of the City of
Eagan's approval of the connection of water and sanitary sewer to the
development.
• Eagan approved the subdivision on October 31, 2001 and sent a letter to Inver
Grove Heights confirming the satisfactory compliance with the conditions of
approval for the subdivision set forth under the 1997 Joint Powers Agreement.
The plat at this time included land for the park but no reference to park amenities
such as the playground or trail.
• According to Inver Grove Heights city staff, the expressed purpose of the trail is
to provide access to residents on Avery Drive (IGH) and the area south to the
playground equipment near Stratford Lane (IGH).
• The alignment of the trail within the park is limited to the western edge due to a
wetland and pond.
• The proposed location of the trail is a minimum distance of 10 feet from the
Eagan city boundary (and each individual property boundary).
• The proposed construction of the trail would maintain the berm location adjacent
to the City of Eagan boundary which was required as a condition of the
Broadmoor development to address pond storage in a 1 % storm event.
• Eagan has a number of existing trails within parks that are within 10 feet of
private property.
Attachments:
• Enclosed on pages through is a map of the proposed Broadmoor Park
Trail, an aerial photo, and a grading plan.
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Public Works Committee Meeting
December 11, 2006
III. Caponi Art Park and Learning Center Tunnel Fence Removal
• At the November 21, 2006 Special City Council Meeting, Mr. and Mrs. Anthony
Caponi along with Cary Felbab, chair of the Caponi Art Park Board, requested
permission to remove the fence from the Diffley pedestrian tunnel and allow the
Caponi Art Park to enclose the tunnel within the fences of the park. The item was
referred to the Public Works Committee for further discussion.
• Since the November 21St meeting, staff has discussed the Caponi's request with
staff from Dakota County since Diffley Road is a County Highway. Preliminary
County comments indicate that it is doubtful that the County would allow any
portion of this tunnel or tra' to be vacated, abandoned or restricted to the general
public. Enclosed on page is a memo from Public Works Director Colbert
regarding the County's response.
• Mayor Geagan had a meeting with Mr. and Mrs. Anthony Caponi on Wednesday,
November 15, 2006 and as a result of that meeting asked that consideration be
given to their request to remove the fence that divides the tunnel into two narrow
passageways and allow the Caponi Art park to have full use of the tunnel for
maintenance equipment, park vehicles for tours and various Art park Learning
Center events as well as pedestrian movement including the ability to better assist
elderly and handicapped.
• The background information provided for th November 21, 2006 Special City
Council meeting is also enclosed on pages ~ through ~.
City of Eagan Memo
TO: PUBLIC WORKS COMMITTEE MEMBERS
FROM: TOM COLBERT, DIRECTOR OF PUBLIC WORKS
DATE: DECEMBER 7, 2006
SUBJECT: DIFFLEY ROAD PEDESTRIAN UNDERPASS & CAPONI ART PARK
- COUNTY JURISDICTION
A fair amount of research and background information has been assembled in response to Mr.
Caponi's request to have the existing Caponi Art Park security fence removed from the
pedestrian tunnel under County State Aid Highway 30 (Diffley Rd.) which would essentially
restrict the general public's access to this underpass. It is my understanding that Mr. Caponi
proposes to relocate certain portions of his security fence to fully incorporate the tunnel within
the boundaries of the Art Park.
The tunnel was installed as part of the County's upgrade of Diffley Rd in 1993 under a
Cooperative Cost Participation Agreement between the City and the County. Under the terms
of the agreement, the City was responsible for 100% of the cost of a tunnel and the perpetual
maintenance of the trail within it. The County is responsible for all structural maintenance of
the tunnel itself. At the request of Mr. Caponi, the minimum size of the approved pedestrian
underpass was expanded to accommodate the minimum widths of two separate trail functions
(i.e. general public and Art Park users) by way of a security fence. 100% of the over-sizing and
fencing was the responsibility of Mr. Caponi and specially assessed to him.
The original concept of the tunnel arose when it was learned that the continuation of the trail
construction along the south side of Diffley Road would result in an extensive cut slope into
the hill of the Art Park property reducing its current amphitheater effect. The City Parks
Commission and Council were supportive of the additional expenses to minimize this impact
while still maintaining the continuity and integrity of the County's trail system along County
arterial roadways. In conversations with the County's Transportation Department and the
County Attorney's Office, the trail along the roadway and within the tunnel still remains under
the jurisdictional authority of the County (within the County's right of way).
Any proposal to modify or transfer jurisdictional control would likely require the County's
approval. Preliminary County comments indicate that it is doubtful that the County would
allow any portion of this tunnel or trail to be vacated, abandoned or restricted to the general
public.
Respectfully submitted,
~,
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City of Eagan demo
TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: NOVEMBER 20, 2006
SUBJECT: ADDITIONAL INFORMATION /NOVEMBER 21, 2006
SPECIAL CITY COUNCIL MEETING
V. DIFFLEY PEDESTRIAN TUNNEL
Enclosed on page is a copy of correspondence sent to the City Administrator from Cary
Felbab, President, Board of Directors of the Caponi Art Park, dated September 8, 2005 regarding
the removal of the fence under the Diffley Road underpass. This item was copied to the City
Council at the time and given to the APrC for review. The APrC considered the request and had
discussion with Tony and Cheryl Caponi at the December 19, 2005 APrC meeting. At the
conclusion of the discussion, the APrC requested that the Caponis provide more detail
concerning where new fences would be placed if the tunnel fence was removed and that an
opinion regarding the impact to pedestrian traffic be obtained from City Engineering staff. The
Caponis did not follow up with further information therefore the APrC has not taken further
action.
• Enclosed on pages I 1 and ~ ~ is a copy of the December 19, 2005 APC minutes.
• Enclosed on pages ~ and is a copy of the APC staff report.
• Enclosed on page ~_ is a copy of the Engineering comments related to the request.
• Enclosed on page is a copy of a memo by Administrative Intern Walz also
summarizing public p ose findings for the tunnel.
/s/ Thomas L. Hedges
City Administrator
CAPONI
LEARNING CENTER
1215 Diffley Road
Eagan, MN 55123
September 8., 2005 --.--
Mr. Tom;Hedges
City of~Eagan
Eagan, MN
...... .
Dear Mr. Hedges:
On behalf of the Board of Directors of the Caponi Art Park and Learning Center, I would like
to petition the City of Eagan to have the fence removed from under the Diffley Road
underpass. Building upon the partnership that we have forged together in the creation of
the Caponi Art Park, I'm sure you'll agree that the fence is at odds with our shared goals
with respect to future success of the park.
You may recall a recent meeting with Tony Caponi, Mike Maguire, Tom Egan and Tom
Colbert where we discussed the merits of this idea. There are numerous problems with the
current situation such as difficulty keeping the bike path clear of debris and the fact that the
area has become a gathering place for people involved in questionable activities. It is our
belief that these problems could be solved by removing the fence. This would allow the Art
Park to continue to operate as a unified whole and would still provide a bike path on the
north side of the road to serve as the connector to Patrick Egan Park.
It was suggested that the appropriate next step would be a formal petition from the Caponi
Art Park to the City. It is my hope that this letter can serve as the catalyst to get the process
started to address this issue. I'd be happy to present a more detailed analysis of the
advantages of these changes to any audience you deem appropriate. In addition, the Caponi
Art Park would be willing to take responsibility for the labor and reasonable costs associated
with removal of the fence.
I look forward to your guidance on our next steps and very much appreciate the role you
have played in bringing the Caponi Art Park into existence.
Cordially,
Cary James Felbab
President, Board of Directors
Caponi Art Park and Learning Center
Advisory Pazks Commission
Minutes of Regular Meeting of December 19, 2005
Page 2
DIItECT~R'S'DEPARTIL~'~T UPU;1"]'1~
Director Johnson provided a brief overview of recent department activities for the parks, recreation and
facilities divisions. She also noted that the manner in which the information was provided by the various
divisions reflects an effort to share events and activities that specifically meet targeted goals for enhanced
services and opportunities to the community.
CO~TSE~T :~.GE1~TllA
Member Filipi moved, Member Danner seconded with all present members voting to make a
recommendation to the City Council to approve the Eagan Place 2"a Addition proposal as presented.
DEVELOP' 1 ENT PRUPO~ ~I;S
There were no items to review under Development~Proposals
OLD ]3L?ST'`'FSS
BAND SHELL AND PA SYSTEM RENTAL FEE
Director Johnson introduced this item noting that the Eagan Rotary Band Shell has primarily been used
for Parks and Recreation sponsored events or as part of ECC wedding rentals. As the interest in the use of
this facility increases a fee structure is needed to respond to the requests. Director Johnson reviewed the
fee structure arid responded to questions from commission members. It was clarified that the half day and
full day designation would be consistent with existing pavilion reservations.
After further brief review, Member Peterson moved, Member Bari seconded with all present members
voting in favor to recommend to the City Council that the following fees be included in the fee structure:
Rental of the Bans Shell only: Half day Full day
• Resident $340.00 $ 640.00
• Non-resident 425.00 800.00
Rental of Band Shell w/sound system*
• Resident $540.00 $1000.00
• Non-resident 675.00 1250.00
*Required staff technician at $20/hour
,NE«' 13L7,SI~ESS
CAPONI ART PARK BOARD REQUEST
Director Johnson introduced this item noting that the Caponi Art Park Board is requesting that the fence
currently installed in the Diffley Road pedestrian tunnel be removed to allow for transport of their
equipment through the tunnel and to allow better pedestrian access when the Art Park is open for public
events. She provided brief background information regarding the initial installation of the fence which
runs down the middle of the walkway for the full length of the tunnel to allow for public pedestrian
crossing of Diffley Road from the boulevard trails while prohibiting access to the private Art Park. While
the request from the Art Park Board only addresses the issue of removing the fence from the tunnel it has
i~ ~i
Advisory Parks Commission
Minutes of Regular Meeting of December 19, 2005
been noted that there is an interest in changing the park's boundary fences to fully surround the tumlel and
prohibit public access except when the Caponi Art Park is open to the public.
Tony and Cheryl Caponi, 1205 Diffley Road, provided an extensive overview and additional historical
background regarding the initial installation of the tunnel that was constructed under Diffley Road. They
expressed their concern for transporting maintenance equipment from one side of the park to the other. In
addition they shared concern that the public half of the underpass had become a gathering place for
people involved in questionable activities and is littered with broken bottles and other trash. They opined
that the underpass is seldom used and it is the only place in the city that has an underpass to get from one
side of the street to the other. Mr. Caponi continued that his main interest was to maintain the integrity
and security of the park now that it is becoming more heavily used and attended.
Member Danner asked about the main reason for the tunnel. Mr. Caponi responded that it was intended to
get people from the north property of the Art Park to the south property. When asked about where the
boundary fence might be relocated, Mr. Caponi explained that they would prefer that people enter and
exit the park in one location; near the amphitheater.
Member Peterson opined that although she had little concern for removing the fence from the middle of
the tunnel she was more concerned about people continuing to have access to Patrick Eagan Park and that
the access off Diffley Road needs to remain open. Director Johnson reiterated that the tunnel provides the
pedestrian crossing for general trail users and provides amid-point crossing on Diffley Road between
_ Pilot Knob and Lexington.
Members Belfiori and Davis expressed an interest in obtaining more information since there seemed to be
several unanswered questions. Member Peterson asked who currently owns the parcel with the
.amphitheater. Mr. Caponi responded that the park is a single entity so it would be wrong to say who owns
what. Member Peterson responded that if it is all one park that access becomes even more important to
the public. Mrs. Caponi responded that anyone using the tunnel can access the Art Park whenever it's
open but that there is almost no general use of the tunnel.
Member Danner asked the Caponis to identify where the new fence line might be located. Although a
- specific location was not clearly defined the intention was to close off the north entrance of the tunnel and
incorporate it into the Art Park northerly property. The Caponis opined that this option would provide a
higher level of security but would not impact access to Patrick Eagan Park from Diffley Road. Mr.
Caponi added that it was their hope that this could move forward quickly so that there is no further delay
to this request.
Members Zipf and Lodlii reiterated other commission members' concerns regarding the need for more
thorough information. Member Lodhi commented that the tunnel serves a purpose to pedestrians and was
concerned that moving the fence would restrict that use.
After further extensive discussion, Member Peterson moved, Member Davis seconded with all present
members voting in favor to table the discussion pending receipt of the following information:
• Have the Caponi Art Park and Learning Center Board of Director provide an illustration of
where the fence outside the tunnel would be proposed to be located.
• Obtain an opinion from the Engineering Department regarding the impact to pedestrian traffic if
the fence is moved.
• Bring the above information back to the Acquisition/Development Subcommittee for further
review and consideration before bringing the issue back to the whole Advisory Commission.
• Input regarding the County's plan for Diffley Road over the next 10 years was also requested for
this review.
18 l!~
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~ City of Eagan
Parks and Recreation MEMO
Date: December 19, 2005
Agenda Item: I-1; Caponi Art Park Board
Request
Action
Information
Attachments x 1. Site Maps
2. Letter of Request
AGENDA ITEM: CAPONI ART PARK BOARD REQUEST
TO: ADVISORY PARKS COMMISSION
FROM: JULI SEYDELL JOHNSON, DIRECTOR OF PARKS & RECREATION
_' ITEM DESCRIPTION: The Caponi Art Park Board has submitted a letter requesting that the
City allow removal of the fence from the Diffley Road. pedestrian tunnel.
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BACKGROUND
The pedestrian tunnel under Diffley Road was constructed in 1992 through a cost share between
the City and Anthony Caponi. The intention being the creation of both a private and public
pedestrian crossing of Diffley Road and a physical connection between the north and south Caponi
parcels, said parcels to become what is now the Caponi Art Park. At the time of construction, a
fence was placed in the Diffley Road pedestrian tunnel. The fence runs down the middle of the
walkway for the full length of the tunnel. The fence allows for public pedestrian crossing of
Diffley Road from the boulevard trails via the tunnel while prohibiting access to the private Art
Park.
The Caponi Art Park Board has requested that the fence be removed to aIlow for transport of their
equipment through the tunnel and to allow better pedestrian access when the Caponi Art Park is
open for public events. To accomplish this, the Art Park Board has proposed changing the park's
boundary fences to fully surround the tunnel and prohibit public access except when the Caponi
Art Park is open to the public.
ANALYSIS
The original design of the tunnel called for a smaller passage and no fence. At the behest of the
Caponis, a wider tunnel with a fence was bid as an alternate. Per the agreement, the Caponis paid
for the additional cost of the alternates.
The current fence placement allows for public use of the tunnel at any time. This access provides a
safe pedestrian crossing of Diffley Road. A signalized pedestrian crossing is available at the
intersection of Lexington and Diffley. An existing trail extends from the north end of the tunnel to
the southerly border of Patrick Eagan Park where it dead ends. Currently, pedestrian use of the
tunnel to access either the Art Park or Patrick Eagan Park is very minimal. The Caponis do use the
tunnel as access for small equipment operating between the north and south parcels. Maintenance
of the tunnel amenities, lights etc, is provided by City staff.
The letter of request does not state that the Caponi Art Park Board wishes to block the tunnel to
general public use. However, staff received further information at a meeting on site with Anthony
Caponi. Mr. Caponi stated that his intent was to change the fence line around the Caponi Art Park
property to include the entire tunnel within the fence. This would block the tunnel to public use
except when the Caponi Art Park is open.
DISCUSSION/EVALUATION:
There are several aspects of the original tunnel agreement that are important to the consideration of
the request;
• Per Article 4; "The purpose of the of the Pedestrian Access" (i.e. tunnel) " is to provide the
public with a walking, hiking and biking trail connecting the north with the south side of
Diffley Road........."
• Per Article 10; Upon acceptance....."Thereafter, the Pedestrian Access shall belong to and be
under conixol and ownership of the City and the City hereby agrees to maintain the Pedestrian
Access in a physical condition which will accommodate the intended use of both parties to this
Agreement".
• Per Article 11; This agreement may only be amended upon a written agreement of both parties
As stated earlier, use of the tunnel by the public has been minimal. This maybe due in part to the
Patrick Eagan link being unfinished, thereby making the existing trail to the north a "path to
nowhere." The future extension of this connection would best be evaluated as part of a future
master plan for Patrick Eagan Park. Should the connection be developed into the park, amid-block
crossing of Diffley at this location maybe advantageous. Because it is unlikely that the Caponi
homestead would become an accessible "public" element of the Art Park for some time, the
segregation of use provided by the fence may continue to be appropriate.
ALTERNATIVES FOR COMMISSION CONSIDERATION
1. Recommend that the request to remove the current fence be denied.
2. Recommend that the request be approved.
10
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RECEIV
Attachment: ~.,~ l.~l~~r ~~ ~~Pi~u~~S~
~~ QF ~ ~~a~ps) OCT 0 4 ~~~~
BY:
1215,Diffley Road
Eagan, MN 55123
September 8., 2005
Mr. Tom Hedges
City of Eagan
Eagan, MIST
Dear Mr. Hedges:
C-n behalf of the Board of Directors of the Caponi Art Park and Learning Center, I would like
to petition the City of Eagan to have the fence removed from under the Diffley Road
underpass. Building upon the partnership that we have forged together in the creation of
the Caponi Art Park, I'in sure you'll agree that the fence is at odds ,with our shared goals
with respect to future success of the park.
You may recall a recent meeting with Tony Caponi, Mike Maguire, Tom Egan and Tom
Colbert where we discussed the merits of this idea. There are numerous problems with the
current situation such as difficulty keeping the bike path clear of debris and. the fact that the
aria has;become~a gatherir~g;place for people involved in questionable activities. It is our
b~elj~ef That these problems could be solved by removing the fence. This would allow the Art
Park to: continue to operate as a unified whole and would still provide a bike path on the
north side of the road to serve as the connector to Patrick Egan Park.
It was suggested that the appropriate next step would be a formal petition from the Caponi
Art Park to the City. It is my hope that this letter can serve as the catalyst to get the process
started to address this issue. I'd be happy to present a more detailed analysis of the
advantages of these changes to any audience you deem appropriate. In addition, the Caponi
Art Park would be willing to take responsibility for the labor and reasonable costs associated
with removal of the fence.
I look forward to your guidance on our next steps and very much appreciate the role you
have played in bringing the Caponi Art Park into existence.
Cordially,
.~~y - - .
J es ~ elbab
President; Board of. Directors • == _ ::.-- :• .
Caponi~ Art Park and Learning Center. .
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Caponi Art Park Underpass
Patrick Egan .Park
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LEARNING CENTER
September 26, 2005
Tam Hedges
City Administrator
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
REC~IV~I3
0 C T 2 ~ 2005
I~~;
Deaz Tom,
BOARD OF DIRECTORS
CARY FELBAB
President
CHIP LINDEKE
Secretaryf
ROBERT GAVIN, JR
Treasurer
ANTHONY CAPONI
CHERYL CAPONI
MICHAEL NIAGUIRE
PAULVERRET
1205 DIFFLEY
R O A D
E A G A N, M N
55123
.51-454-9412
info(~caPoniarlparkorg
~.~~I~~~
As a follow-up to our August 10, 2005 meeting also attended by City
Council Member Mike Maguire, Dakota. County Commissioner Tom Egan
and City Engineer Tom Colbert, and after discussing the matter with
members of the Art Park Board of Directors, I petition the City of Eagan
on behalf of the Caponi Art park and Leazning Center to restore the full
use of the Diffley Road underpass to the Art park as originally intended
In 1992 when Diffley Road was being widened, I requested an underpass
to .connect the two sections of the Art. Park. 'The City agreed to put in a
smaller tunnel than I had specified, I then paid the difference to have the
present underpass installed, including lights, to meet the needs of the Art
Park.
The fence that divides the underpass into two narrow passageways may
have been a necessary compromise, at a time when the City doubted my
ability to see the Art park project to completion. Now that the Art park is a
reality and the partnership with the City reaffrm.s the Art Park's
dedication to serving the community I'm sure you'll agree that the fence is
a detriment to our shared goal.
There are numerous problems with the Art park's restricted use of the
underpass. The most important relate to safety and utility.
The 8ft-wide passageway, created by dividing the underpass in two is a
bottleneck for movement within the Art park, It is too narrow to accommodate
park vehicles and pedestrians. The Art park makes ample use of golf carts for
tours and to assist elderly and handicap park visitors. The carts crowd
pedestrians and they cannot pass one another in the tunnel, and even though
passengers are instructed to keep their hands within the cart the narrowness of
the passageway is a known risk to children that we cannot ignore.
It is difficult to get maintenance equipment from one side of the park to
the other. The concrete wall of the underpass shows tine marks from trying
to avoid hitting the fence with the bobcat and it is almost impossible to
carry any tool that sticks out beyond the width of our equipment.
The public half of the underpass has become a gathering place for people
involved in questionable activities. It is usually littered with broken bottles
and other trash that Art park staffhas had to clean because it is too narrow
for City maintenance equipment to access. Art park staff has also had to
consistently police the underpass to discourage vandalism and graffiti.
As to its intended value to the public, the underpass is seldom used and it
is the only place in the city that has an underpass to get from one side of
the street to the other. There are no homes on the south side of Diflley ~~
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City of Eagan ~~o
TO: JULI SEYDELL JOHNSON, PARKS & RECREATION DIRECTOR
FROM: RUSS MATTHYS, CITY ENGINEER
DATE: DECEMBER 20, 2005
SUBJECT: DIFFLEY ROAD TUNNEL
I am writing in response to your a-mail inquiry of December 20, 2005, regarding a request from
the Caponi Art Park Board to remove the fence that divides the Di$ley Road pedestrian
underpass and allow them to use the entire tunnel only for Art Park events and activities. You
had attached a copy of a memo that you had written regarding the history of the tunnel.
It appears in your memo that you researched the situation well and seemed to provide most of the
reason why the public access needs to remain through the tunnel. In addition to the likely future
trail connection to Patrick Egan Park that you referenced, the tunnel also provides connection
between the trails on the south and north sides of Diffiey Road. The missing Transportation Trail
& Park Trail Systems segment of trail on the south side of Di$ley Road east of the tunnel to
Lexington Ridge is likely to never be completed due to the topography adjacent to this segment of
the County highway. The tunnel is necessary to allow the safe movement of pedestrians and other
trail users from the south side of Diffley Road to points east of the tunnel, including high
pedestrian traffic generators (Lexington Diflley Athletic Facility, shops/restaurants at Lexington &
Diffiey intersection). The loss of this public trail facility would not be supported by the
Transportation Trail System or the Park Trail System.
Please contact me with any questions.
City Engineer
C: Tom Colbert, Public Works Director
Tim Platte, Transportation Engineer
G:RM/OS/Memos/D~ey Road Tutmel-3uli
~'
City of Eagan demo
To: Parks and Recreation Director Johnson
From: Administrative Intern Walz
Date: December 30, 2005
Subject: Caponi Art Park Tunnel
As you requested, here is a brief summary of my findings regazding the public purpose
underlying the City of Eagan's financial support and construction of the tunnel under
Diffley Road between Pilot Knob Road and Lexington Avenue. The findings are based
on an examination of Council minutes and supporting Project 607 documents as well as
conversations with Public Works Director Colbert.
In brief, the installation of the tunnel achieved two public purposes: it was the more cost-
effective option and it maintained trail connectivity.
The City's policy is to have trails along County roads. However, a natural hill made it
difficult to establish a trail on south side of the new, widened Diflley Road. The City
explored building a retaining wall on the south side to provide for a trail. However, slope
and damages made this option very expensive. In addition, due to Mr. Caponi's
insistence that a tunnel would be critical to the viability of the Art Park, he offered to pay
half of the tunnel's construction cost. This, in addition to the standard split of county
road improvements between Dakota County (55%) and the City (45%), made the Diffley
tunnel the most cost-effective option for the City.
As a result of the trail on the south side of Diffley road being unable to continue due to
the hill, the tunnel also provided trail connectivity. The proposed Diflley tunnel would
provide connectivity between the trail on the south side of Diffley to the trail on the north
side of Dif~ley without crossing a County road at an uncontrolled intersection. This
connectivity supported the City's trail system as well as avoided potential public safety
hazards of crossing at an uncontrolled intersection.
Prior to the installation to the Diilley tunnel the City had never before financed an
underpass intended for pedestrian use. However, despite lack of experience or precedent,
the public purpose achieved by choosing the most cost-effective option and maintaining
trail connectivity influenced the support of the City Council for the Diffley tunnel.
~~
NOTES
PUBLIC WORKS COMMITTEE MEETING
December 11, 2006
Attendance:
Those present for the Public Works Standing Committee meeting held on
Monday, December 11, 2006 at 7:00 p.m. were Public Works Committee members/City
Councilmembers Cyndee Fields and Mike Maguire, Director of Parks and Recreation Juli
Seydell Johnson, Director of Public Works Tom Colbert and City Administrator Tom
Hedges.
Review Inver Grove Heights Plans for a Pedestrian Trail in Broadmoor Park
?
The City Administrator introduced the item by sharing some history about the
Inver Grove Heights proposal to build a hard surface trail in Broadmoor Park. He stated
that Broadmoor Park is in Inver Grove Heights with its western border abutting several
residential lots along Westin Hills Drive in Eagan. A summary was given for meetings
held in the months of September and October between Eagan residents and elected
officials from the City of Inver Grove Heights regarding plans for the trail, impact on
Eagan residents and how the Joint Powers Agreement affects the proposed trail
improvements.
?
Director Colbert stated that the main reason for the Joint Powers Agreement
between the City of Eagan and Inver Grove Heights is the interconnection of utilities.
?
Director of Parks and Recreation Johnson gave background on a meeting she
attended at Broadmoor Park with the Inver Grove Heights City Councilmembers,
residents from that community and neighbors from the Westin Hills development.
?
Ms. Stephanie Favre and one other Westin Hills neighbor appeared at the Public
Works Committee and shared their concerns about the proposed hard surface trail.
Councilmember Fields spoke to the severe elevations and concerns about the trail if the
area should experience a high water balance due to a storm. She emphasized the amount
of wetlands and how the trail appears to not have compatibility with the topography given
the severe elevations and need for wetland mitigation.
?
Councilmember Fields stated that there should be no trail and, in five (5) years, it
might be appropriate to evaluate where the natural walking trail has developed. She
further stated that there should not be a hard surface trail due to the clearing of trees that
would likely be necessary for a construction easement.
?
Councilmember Maguire agreed that trees should be preserved on the Eagan side
and that Inver Grove Heights? need for construction right-of-way could impact the trees
in the Westin Hills development.
?
Councilmember Maguire also stated that it is important that the City of Eagan not
be hypocritical in the sense that public trails exist in backyards of neighborhoods
throughout the City of Eagan and are working quite well. He further stated that, due to
the topography, existing trees, wetland and other factors, he would agree that a hard
surface trail is not appropriate for this location.
?
After further discussion, staff input and discussion with residents in attendance,
it was determined that; 1) the existing elevation of the berm may not be altered as it is a
condition of the 1997 Joint Powers Agreement, 2) no hard trail be constructed due to the
amount of disturbance that existing trees would likely suffer in addition to the impact on
the existing tree root zone; a requirement because easements would likely be required
from Eagan residents, 3) communicate a preference that the trail project be delayed to
determine the actual use patters of the neighboring subdivision residents, and 4)
respectively submit a letter to the City of Inver Grove Heights acknowledging the City of
Eagan?s review and recommendations relative to a proposed trail in Broadmoor Park.
Caponi Art Park Learning Center Tunnel Fence Removal
City Administrator Hedges provided some background on the request by the
Caponi Art Park and Learning Center to remove the fence located inside the pedestrian
tunnel under Diffley Road and enclose the tunnel within the fences of the art park. The
tunnel currently connects public trail ways on the north and south side of Diffley Road
and parcels for the Caponi Art Park and Learning Center.
?
Drawings were presented using pictometry to view the tunnel trail connections
relating to pedestrian movement on Diffley Road as well as utilization of the tunnel for
the Caponi Art Park and Learning Center activities.
?
Cary Felbab, representing the Board of Directors for the Caponi Art Park and
Learning Center, stated that the gate would be open during hours of operation for the Art
Park; the access to the tunnel would be closed at night preventing misuse of the tunnel.
Mr. Felbab summarized the recommendation of the Board to remove the fence from
inside the tunnel, enclose the tunnel within the fences of the art park, close the tunnel at
night. The Board feels this will better service construction vehicles, golf carts and other
art park uses of the trail.
?
Mr. Felbab also spoke of the public nuisance from the gathering of individuals
inside the tunnel. Staff stated to their knowledge there has been no police record of any
incidence in the tunnel creating any concern for public nuisance.
?
There was discussion about different concepts that could work for removing the
fence from the tunnel and installing new fences to provide security for the art park.
These included keeping the tunnel open 24 hours a day by placing gates on the fences
that secure the Caponi Art Park and Learning Center property on each side of the tunnel.
This would allow for the Caponi Art Park to regulate times the gates are to be open for
public use of the Art Park and Learning Center grounds and make room for construction
vehicles the size of golf carts to use the tunnel, while allowing the tunnel to remain open
to public trail use at all times.
?
It was also noted that any action by the City would require presentation and
approval by Dakota County; this should occur after the City Council considers the Public
Works Committee recommendation at the December 19 meeting.
?
After further discussion, the Public Works Committee members agreed on
recommendation to the City Council to consider the following:
The City would assume the cost for removal of the fence in the tunnel.
o
The Caponi Art Park and Learning Center would assume the cost and
o
construction of a fence according to specifications approved by both the
City and the County that would close off the tunnel.
The tunnel would be open 9:00 a.m. to sundown everyday of the year,
o
weather permitting, with the physical opening and closing administered by
an employee or volunteer of the Caponi Art Park and Learning Center.
It will be necessary for the Caponi Art Park and Learning Center to apply
o
for a variance to allow the joint use of motorized vehicles with pedestrian
traffic through the tunnel while the tunnel is open to the public.
Upon review and action by the City Council at the December 19 meeting,
o
it will be necessary for the Caponi Art Park and Learning Center Board to
seek a similar approval by Dakota County.