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03/01/2004 - City Council Regular AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING March 1, 2004 6:30 P.M. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS 1 a A. Cedar Avenue Corridor Transitway Study Update (Dakota County) IV. CONSENT AGENDA A. APPROVE MINUTES B. PERSONNEL ITEMS ,2(#C. CHECK REGISTERS D. APPROVE 2003 General Fund Budget Adjustments E. E. APPROVE Resolution of Reconveyance of Tax Forfeit Parcel (10-32990-020-00) Outlot B, Hills of Stonebridge to State of Minnesota p33 F. APPROVE Resolution of Reconveyance of Tax Forfeit Parcel (10-47752-120-02) North Half of Lot Twelve, Block Two, McKee 3rd Addition to the State of Minnesota P37 G. APPROVE Resolution for New Use of Tax Forfeit Parcel (10-13700-030-01) Lot 3, Block 1 Barton McGray Addition 1y/ H. APPROVE Tree Contractor Licenses - Tree Tech, Inc. and Wright Tree Service r I. APPROVE Licenses to Sell Tobacco Products - Cedar Grove Shell Station and Crowne Plaza J. APPROVE Ordinance Amendment - 6.48 Regarding Commercial Turf Fertilizer Application pY K. APPROVE Premise Permit for Pulltabs at Cedarvale Bowl and Al Bakers - Eagan Lions Club L. RECEIVE Bids and Award Contract for Contract 04-03 (Coachman Land Company / Terminal Drive / Borchert It Lane - Street and Utility Improvements) n53M. RECEIVE Final Assessment Roll and set Public Hearing for Project 790R (Central Parkway - Streets and Utilities) IN. APPROVE Change Order #17, Eagan Community Center O. APPROVE Final Plat, Woodstone Townhomes 2"d Addition, M.W. Johnson Construction, Inc. j^ P. APPROVE Final Payment and Authorize City Maintenance for Contract 01-12 (July 2000 Storm Mitigation - Storm I Sewer Improvements) ~Q. APPROVAL the renewal of a consumption and display (set up) permit application for Grand India Restaurant V. PUBLIC HEARINGS S A. PROJECT 859, Trunk Highway 55 / Lexington Avenue / Blue Gentian Road (Intersection Reconfiguration) S B. PROJECT 877, Lexington Avenue, Trunk Highway 55 to Lone Oak Road (Street, Utility and Trail Improvements) VI. OLD BUSINESS (!A. PRELIMINARY SUBDIVISION, Lexington Ridge - Millerville, Inc. - 17 lots and a Preliminary Planned Development to allow townhomes on property located at 4225 Lexington Way South in the NE '/4 of Section 27. f OV". CONDITIONAL USE PERMIT AND VARIANCE - Cedarvale Business Center - A Conditional Use Permit for a pylon sign and a Variance to the setback located at 3902-3938 Cedar Grove Parkway in the NE '/4 of Section 19. C. CONDITIONAL USE PERMIT - Sowles Properties, LP - A Conditional Use Permit to allow outdoor storage of trucks, trailers, mobile cranes, cars and construction equipment, located at 3045 Highway 13 in the NW '/4 of Section 9. VII. NEW BUSINESS A. CONDITIONAL USE PERMIT - Strapko Architects, LTD - A Conditional User Permit to allow a dental facility in a V Business Park zoning district on Lot 1, Block 2, Lexington 2"d Addition, located on Northwood Parkway and Northwood Drive in the SE '/4 of Section 10. y~, 12 B. PLANNED DEVELOPMENT AMENDMENT - DUKE REALTY CORPORATION - A Planned Development Amendment to allow limited retail on Lot 1, Block 1, Silver Bell Commons, located at 2015 Silver Bell Road in the SE '/4 of Section 18. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ADMINISTRATIVE AGENDA A3%. ECONOMIC DEVELOPMENT AUTHORITY XI. OTHER BUSINESS A. Resolution Approving Purchase Agreement for City Acquisition of Property for Redevelopment, Northeast Eagan Redevelopment District, Mary Imre/TMI Coatings Property, 2805 and 2809Dodd Road, and Related Stipulations and Relocation Agreements. XII. VISITORS TO BE HEARD (for those persons not on the agenda) XIII. CLOSED SESSION XIV. ADJOURNMENT 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. J MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 27, 2004 SUBJECT: AGENDA INFORMATION FOR MARCH 1, 2004 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the March 1, 2004 City Council agenda, the following items are in order for consideration. 1 Agenda Memo March 1, 2004 RECOGNITIONS AND PRESENTATIONS A. CEDAR AVE CORRIDOR TRANSITWAY STUDY UPDATE ACTION TO BE CONSIDERED: There is no action required for this item. FACTS: • The Dakota County Rail Authority (DCRA) received funding from the Metropolitan Council and the State Legislature and subsequently commissioned two studies to evaluate the various alternatives associated with extending rapid transit into Dakota County from the terminus of the Light Rail Transit (LRT) system at the Mall of America. • The first study completed in 2002 determined that the extension of LRT across the Minnesota River was not economically feasible and the recommendation of a Bus Rapid Transit (BRT) system was subsequently endorsed. A follow up study was then commissioned with the consulting firm of URS Corp. to investigate the various alternatives, scope and costs of extending the BRT into Dakota County. • This study was perform under the general guidance of a Management Committee consisting of elected officials from the communities of Eagan, Apple Valley, Burnsville, Lakeville, Bloomington, Hennepin and Dakota Counties and the Met Council along with representatives from other agencies (i.e., MnDOT, MVTA, etc). Councilmember Tilley was the City's representative with City Administrator Hedges as the alternate. • A Technical Advisory Committee JAC) was also established consisting of staff members from these same agencies. Public Works Director Colbert represented Eagan with City Planner Ridley as the alternate. • This study has been completed and several recommendations have been defined for further consideration by the DCRA. Several open houses have been held during this process along with the mailing of several newsletters summarizing the issues and results. • Dakota County has requested an opportunity to present the findings and draft recommendations to the City Council for their information and feedback, if any. Gene Franchett, Project Manager for Dakota County and Rick Nau of URS Corp. will be providing a 10-15 minute presentation and available to address any questions or concerns at its conclusion. ATTACHMENTS: • February '04 Newsletter, pages 3- through DaQG~~4~' Cedar Avenue Corrldor` I ransitway NewsletterFebruary 2o0o : Volume 3 Study's Management Committee Recommends Transit Improvements Along Cedar Avenue Draft Recommendations-To Be Presented at representatives from Dakota County-made both short- February 12 Public Meeting-Call for "Phased In" term and long-term recommendations for the Cedar Avenue Approach Corridor that stretches from the Mall of America in After a thorough review of several potential Bus Rapid Bloomington to Highway 70 in Farmington. Transit (BRT) alignments, the Cedar Avenue Corridor Transitway Study's Management Committee has adopted a Northern Segment number of draft recommendations that will lead to the (Mall of America to 140th Street) development of a transitway in the south metro. The Short-term Recommendations Management Committee-comprised primarily of elected Develop Cedar Grove transit center and associated transit- Northern Segment oriented development , su ; Continue current bus-on-shoulder operations. 494 AJ19 1Ail livers t+ Park S Rlda Station Long-term Recommendations a ! Develop center-naming transitway in the median of Highway Stabon Sb° 77 from 140th Street north to Highway 13 with a bus transi- tion at the Highway 13 interchange to the outside shoulder. O/d Shakopee Road' < Develop a transit stop at Cliff Road tom' Expand park and ride facilities at the Palomino Park and Ride TiansiGan from. x unning lot and consider cooperative use of the Zoo property for a Center - R; Tiransitway row, ShoulderH 3 Bus Sh~oy der park and ride lot n on Minnesota. Riuer Br~g'e. ' a Middle Segment (140th Street to 179th Street) 15 Short-term Recommendations air Gro. `f f` Reconstruct shoulders from 157th Street north to allow buses <a • & / ; to operate on them fats Conduct a comprehensive stud of future roadway needs on - o„o;:Y. d Alt 30 Highway 23 from 138th Street to near 179th Street; include ,3 ' ' - priority treatment for transit as part of the future roadway U plan. 4 Long-term Recommendations k Develop transit stations near 140th and 147th Streets. AF" jq_~;en~P Runntw aiExpand park and ride facilities at Apple Valley Transit Center. n of TF'1 or continued on page 2 h ulder afA ~ V-3 f~ d.~6 38~ ~ ! ~S•Eas;~' ~ ` ~ °a "'~`~C ~ c 1) A'- , ' 9 A!!9! :4A 8 . BI A ! ' . ~ - Q® , ~ ,~.rShoulder - R, unning - s~r ' ! ! q - ! L~ to Center -•Runrong g ' , , , + Tjransrtway at ~ ° = t ~ ~ ~ ~~1~Otli~Street j - o • , , . ~ 40t treet r NOW, ' a ! s - 9 ' a tat~o i,a,ir sna,r.w Middle Segment South Segment wdW IBM S.7 ~ E Transition frflm r ~q ~ Shou~e'r°~~R`~n~rznq~iF_'1 " f ~ . I Ito Center !Runnrng~, r ta. 4 'em nary E d of r►ne ~ ~ Utilr~ze F~crshng ~ Transrtwayyat ->c i-- ~ - Shoulders for ,I ,e:-&, 1 ~ E 140;1i'rSt~eet. a ''8' ~ ~g s s~o4°h~CS'AH23:. ~t ~tiz Est • Trhio hyLrakevrlJe r isotn sneer w! - 42 ~ ~`'v vuq S.d. _0 II# F fYO~ - 9 4. ,9Brh treat W. _ U ai i ` :i< ~i±•~- ,somsr r 46 S'' a4Un ~ r . a.. -,:r •'•c. r nd~Bl`t a ce~: 1 Aiignmem Altenatrvas ~ ReCOnstrUCt - 7oorn s r `~iC a SIOn [~pPp~ 23 Shoulders of a Park Alignment AHema>vea l~ 1 8 Ride Slaeon rEefl~Pi Through,9pple V.alfey +1'~ ` park 8 Ride &.6.. BRT Stafian Stop t BRT Slnllon Stop Y+i 1 r~ r ,ef' I -'a $ _ : a t • .7 re -~d3eh S et W ~ f~_®CSi!!. : mporary d of vne - g ° Sta, t • Shoulders for Buses~onaCSAH:23 - .~o~. - 1.r 1 ~Th- r5_wu', EakeviUe South Segment (179th to Highway 70) Further study an extension of express bus service in the I-35W corridor through Burnsville and Lakeville. Short-term Recommendations Recommend to the Minnesota Department of Transportation Encourage the Lakeville City Council to join the transit-taxing consideration of priority treatment for buses on Highway 62 district in order to participate in the corridor transit system. between Highway 77 and I-35W. Develop comprehensive transit development plan for Recommend to the Minnesota Department of Transportation Lakeville. consideration of priority treatment for buses on I-35W Develop an interim park and ride site near 179th Street in between Highway 62 and downtown Minneapolis. Lakeville to serve as a temporary end-of-line station for BRT Recommend the study of a downtown bus circulation to service. provide more direct and time effective circulation between Consider the provision of limited bus service to the Air Lake I-35W and the downtown area. Industrial Park. Work with Metro Transit in developing a real-time transit information system. Long-term Recommendations Develop a transit station at 195th Street in conjunction Work with corridor cities to develop policies and practices to assure integration of land use development with transit with development of new aeast-west roadway and addition services and facilities. of existing agricultural property to the Metropolitan Urban Service Area (MUSA). Work with the Minnesota Legislature to develop new sources of dedicated funding for transit operations. ❖ Conduct a comprehensive study of future roadway needs on Highway 23 between 179th Street and Highway 70; include Long-term Recommendations priority treatment for transit as part of a future roadway plan. Procure low-floor, hybrid, advanced technology buses for ❖ Develop a park and ride facility and transit station at establishment of station-to-station BRT service between Highway 70. Lakeville and the Mall of America. Procure buses and provide express service to/from down- Establish limited stop bus service in the I-35/1-35E corridor town Minneapolis from the Highway 70 park and ride lot. from Highway 46 to the Palomino Park and Ride lot. Other Recommendations Establish express bus service to downtown St. Paul begin- ning at the Palomino Park and Ride and following I-35E. Short-term Recommendations Implement real-time transit information system at stations in Pursue Federal Transit Administration funding and the corridor. approval to proceed with preliminary engineering of transit Work with cities in the corridor, developing and implement- improvements. ing transit-oriented developments at station sites consistent Develop comprehensive transit development plans for the with each community's comprehensive plans. Include Cities of Eagan and Apple Valley. bicycle and pedestrian connections in development design. 2 Update and review the corridor transit plan periodically to Many North American assure convenience, consistency and continuity for transit users. Cities Already On Board Citizens Tell Us Bus Rapid Transit's Success Leads Other Cities to What They Think Plan, Construct Their Own Systems Bus Rapid Transit (BRT) technology may be relatively new Thank you to the individuals who responded to our survey to the Twin Cities, but several major cities in North included in the July issue of Transit Ways. America successfully operate BRT services-while many The non-scientific survey asked you for feedback about more are planned for the near future. congestion in the Twin Cities area, transit usage, and Vancouver's B-Line Rapid Bus, introduced in 1996, oper- features that would be important with the implementation ates three successful rapid bus service routes. The B-Line's of a Bus Rapid Transit (BRT) system. distinct charac- - - - On a scale of "1" (very bad) to "5" (no problem), almost 65 teristics include y T percent of respondents rated traffic congestion in the Twin a center lane Cities as a 1 or 2. Less than two percent rated congestion as reserved for "no problem." rapid bus vehicles only; Traffic Congestion Rated in Twin Cities several low- - 41 % 26% 24% 7% 2% floor articulat- 4` ' - ed buses for easy boarding, lei* O O digital count- --~-down signs to alert riders of vehicle arrival times; signal preemption systems to give BRT vehicles priority at traffic Very Bad No Problem signals; and, sleek, functional bus shelters and station areas Source: Results compiled from July 2003 Transit Ways Survey for waiting passengers. The B-Line's success is attributed - - - - - - - - to its ability to serve both low-density and high-density Most Important Features of BRT System areas-from suburban town centers to downtown Vancouver. Nearly 50,000 Vancouver residents use the More reliable departure and arrival times B-Line daily. Real-time passenger information Closer to home, the Port Authority of Allegheny County Climate-controlled stations ! operates several miles of busways that feature both "all High-frequency, all day service stops" service and express service into downtown Stations conveniently located near services Pittsburgh. Several transit-oriented developments have Source: Results compiled from July 2003 Transit Ways Survey sprouted around station areas where nearly 50,000 passen- gerscongregate on a ca The results of the survey were used throughout the deci- daily basis. The East Busway, an extension sion-making process to develop the recommendations. The that opened last sum- _ y recommendations included corridor enhancements that will men, provides a signifi- _ "-'p improve departure and arrival times, such as priority treat- cant travel time savings; ment for buses and the addition of low-floor buses that will allow for faster boarding and exiting; identified the imple- however, its principal - - mentation of a real-time transit information system at sta- feature is a park tions; and suggested that the county and corridor cities designed through work to develop policies and practices to assure integration portions of two neighborhoods that was developed through community input to improve pedestrian access to the Port of land use development with transit services and facilities. Authority's four new stations. The attractive linear park includes benches, trees, landscaping, bike racks, decorative railings and lighting, gazebos, and a children's play area. The Miami-Dade Transit Agency operates the South Miami Dade busway-an 8.5 mile exclusive lane system which \S-- continued on back page 3.' continued from front page For more information about other Bus Rapid Transit runs from a Miami area rail station to a local neighborhood. systems or other Bus Rapid Transit initiatives, please con- Its success has tact the Federal Transit Administration at (202) 366.4991 or spawned new see them on the web at www.fta.dot.gov/brt. interest in expand- ing the service Next Steps eleven miles south into the communi- ~I Dakota County is taking steps to seek financing for further ties of Homestead work on the Cedar Avenue Corridor Transitway study and and Florida City. t for short-term improvements in the corridor. The recent leg- islative initiative was developed to provide $10-20 million Ottawa, Ontario's ~ "Transih'vay" in funding through the state bonding program. If funding is operates ten miles of rapid transit service on primarily secured, it would pay for the following: exclusive lanes throughout the city. The Transitway serves both suburban communities and the downtown area includ- ironmental Documentation ing service to one of Ottawa's largest train stations. Nearly 200,000 riders use the service daily at the 34 transitway stations spread throughout the region. Preliminary Engineering The success of BRT systems in several North American has sparked interest in other cities to develop their own system. ow Cost Short-Term Improvements Boston's SilverLine recently began operating its first BRT (including park & ride facilities and line with expansion plans to major destination centers bus shelter improvements) expected next year. Eugene, Oregon plans to open its first BRT system in 2006; and, Albany, Chicago, Cleveland, Hartford and Louisville are other major cities planning for Bus Rapid Transit in their communities. t,Z 199 NW `XarpA alddd anuaAV apcelsO 996ti ialuaD wl"n )s tualsaM °uivusld 3o QOUJO ~iaunoD ujo~leQ `psuejl JopiJJOD NW `NOIJNIWHdd anuany Jgpa0 Cb :ON AVY83d Iwo G1Vd 3J`d1SOd Sfl CUS (31HOS3Hd Agenda Information Memo March 1, 2004 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the February 17, 2004 regular City Council meeting, the February 17, 2004 Listening Session, the February 24, 2004 special City Council.worshop/retreat and the February 10, 2004 special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the February 17, 2004 regular City Council meeting are enclosed on pages 13_ through /IT' . • Minutes of the February 17, 2004 Listening Session are enclosed on page J-1L. • Minutes of the February 24, 2004 special City Council workshop/retreat are enclosed on pages through c. • Minute of e February 10, 2004 special City Council meeting are enclosed on pages eZ t through MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota February 17, 2004 A regular meeting of the Eagan City Council was held on Tuesday, February 17, 2004 at 6:30 p.m. at the Eagan Municipal Center. Present were Acting Mayor Fields, Councilmembers Carlson, Tilley and Maguire. Mayor Geagan was out of town. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the agenda as presented. Aye:4 Nay: 0 CONSENT AGENDA Items E, L, N and S were pulled for discussion. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the balance of the Consent Agenda. Aye:4 Nay:0 A. Minutes. It was recommended to approve the minutes of the January 27, 2004, special City Council meeting and the February 3, 2004 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to accept the resignation of Police Officer Kevin Putt who is retiring. 2. It was recommended to accept the resignation of Community Service Officer Tim Snetting 3. It was recommended to approve the hiring of Wayne St. Martin for the position of Construction Inspector. 4. It was recommended to approve the hiring of a person to be recommended for the position of Engineering Tech. 5_ It was recommended to approve the hiring of a person to be recommended for the position of full- time Custodian at the Community Center. 6. It was recommended to approve the annual car allowance adjustment for 2004 for the City Administrator. C. Check Registers. It was recommended to ratify the check registers dated February 5, 2004 and February 12, 2004 as presented. D. Premise Permit. It was recommended to approve a Premise Permit Renewal for the Knights of Columbus to conduct a pull tab operation at Coopers Restaurant, 4185 Robert Trail; and at Starks Saloon, 3125 Dodd Road. E. Ordinance Amendment. PULLED F. D.A.R.E. Agreement. It was recommended to adopt a D.A.R.E. and Police Liaison Services Agreement between the City of Eagan and independent School District # 196. G. Comprehensive Guide Plan. It was recommended to approve a resolution confirming the City Council action of February 20, 2001 adopting the Eagan Comprehensive Guide Plan 2000. H. Pre-Development Grant. It was recommended to accept a Predevelopment Grant of $50,000 for the Cedar Grove Redevelopment Area and direct the Mayor and City Clerk to execute related documents. 1. Public Hearing. It was recommended to schedule a public hearing for the regular APrC meeting of March 15, 2004, for DNR Outdoor Recreation Grant Application. J. Public Hearing. It was recommended to schedule a public hearing for the regular APrC meeting of March 15, 2004 for DNR Natural and Scenic Area Grant Application and authorize appraisals on parcels selected for application. K. Contract 01-12. It was recommended to approve Change Order #5 to Contract 01-12 (July 2000 Storm Mitigation Improvements) and authorize the Mayor and City Clerk to execute all related documents. L. Proiect 905. PULLED Eagan City Council Meeting Minutes February 17, 2004 Page 2 M. Contract 04-02. It was recommended to award Contract 04-02 (Diffley Frontage Roads/Lake Park Shores/ Thomas Lake/Lakeside Estates/Wilderness Park 2nd & 3`d Additions - Street Improvements), to Northwest Asphalt, Inc. for the base bid in the amount of $262,689, and authorize the Mayor and City Clerk to execute all related documents. N. Contract 03-12. PULLED 0. Ordinance Amendment. It was recommended to authorize the preparation of an amendment to Chapter 8, "Traffic Regulations" regulating the use of the Emergency Vehicle Pre-Emption (EVP) System for future consideration. P. Ordinance Amendment. It was recommended to approve an Ordinance Amendment and direct publication of same to modify Chapter 4, Section 14.20 regarding signs. Q. Contract 03-09, Change Order #3. It was recommended to approve Change Order #3 for Contract 03-09 and authorize the Mayor and City Clerk to execute all related documents. R. Council Charge to Economic Development It was recommended to approve the City Council charge to Economic Development commission regarding assessment of business needs, business retention, public information and recommendations for economic development policies. S. Contract 01-05. PULLED T. Tree Maintenance Contractor License. It was recommended to approve a 2004 Tree Maintenance Contractor License for Valley Tree Service. U. Lawful Gambling Exempt Permit. It was recommended to approve a Lawful Gambling Exempt Permit or East Metro Chapter - Turn in Poachers, Inc. for a raffle to be held June 30, 2004 at 2995 Sibley Memorial Highway. V. Donation Procedure. It was recommended to approve a procedure for donations of daily admissions to The Blast playground consistent with Cascade Bay donations to various community groups. E. Ordinance Amendment to Chapter 6.48 regarding the Licensing of Commercial Fertilizer Applicators. Councilmember Maguire explained that State legislation has pre-empted control of the city in regard to phosphorus fertilizers. Councilmember Maguire moved, Councilmember Tilley seconded a motion to direct the City Attorney to prepare an Ordinance Amendment to Chapter 6.48 regarding the Licensing of Commercial Fertilizer Applicators. Aye:4 Nay: 0 L. Project 905 - Authorization of the preparation of a Feasibility Report by Bonestroo and Associates for Project 905 (Lebanon Hills Regional Park - Trunk Storm Sewer Outlet). City Administrator Hedges discussed the proposed feasibility study. Two residents spoke encouraging the Council to be proactive in a solution to the Lebanon Hills drainage problems and to consider putting any developments that would impact the drainage in that area on hold. Councilmember Carlson moved, Councilmember Tilley seconded a motion to authorize the preparation of a Feasibility Report by Bonestroo and Associates for Project 905 (Lebanon Hills Regional Park - Trunk Storm Sewer Outlet). Aye: 4 Nay: 0 N. Contract 03-12. Reject the bids for Contract 03-12 (TH 13 & Silver Bell Road -Intersection Improvements), and authorize re-advertisement for bids. Public Works Director provided an update on this item. Councilmember Tilley moved, Councilmember Maguire seconded a motion to reject the bids for Contract 03-12 (TH 13 & Silver Bell Road - Intersection Improvements), and authorize re-advertisement for bids. Aye:4 Nay:0 S. Settlement agreement between the City, S.M. Hentges Inc. and Braun Intertec relating to Contract 01-05 (Cedar Grove Access Reconfiguration) in the amount of $160,000. Eagan City Council Meeting Minutes February 17, 2004 Page 3 The City Council recessed to a closed session to discuss the settlement agreement. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a settlement agreement between the City, S.M. Hentges Inc. and Braun Intertec relating to. Contract 01-05 (Cedar Grove Access Reconfiguration) in the amount of $160,000, subject to review and modifications by City Administrator and City Attorney, and authorize the Mayor and City Clerk to execute all related documents. Aye:4 Nay: 0 PUBLIC HEARINGS VARIANCE - ULINE, INC. City Administrator Hedges introduced this item regarding a request for a 1.2% Variance from the approved 36.5% building lot coverage requirement for Lots 1 and 2, Block 3, Eagandale Corporate Center located at 985 Aldrin Drive. City Planner Ridley gave a staff report. Ed Farr representing Uline, Inc. discussed the variance request. Acting Mayor Fields opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a 1.2% Variance from the approved 36.5% building lot coverage requirement for Lots I and 2, Block 3, Eagandale Corporate Center located at 985 Aldrin Drive in the SW '/4 of Section 11. Aye: 4 Nay: 0 SILVER BELL ROAD (PIN 10-01900-011-02) RIGHT-OF-WAY VACATION City Administrator Hedges introduced this item regarding the vacation of public right-of-way on Silver Bell Road. Public Works Director Colbert gave a staff report. Acting Mayor Fields opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the vacation of public right- of-way on Parcel No. 10-01900-011-02 and authorize the Mayor and City Clerk to execute all related documents. Aye:4 Nay: 0 OLD BUSINESS PRELIMINARY SUBDIVISION (LONG ACRES) REZONING - MANLEY LAND DEVELOPMENT City Administrator Hedges introduced this item which was continued from the January 20, 2004 Council meeting. City Planner Ridley provided brief background information. Betty Undis expressed concern over the number of trees that are proposed to be removed. She encouraged the Council to consider less density and protection of natural wetland and vegetation. Public Works Director Colbert explained the drainage plan for the proposed development. The tree replacement plan was also discussed. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Rezoning of 29.62 acres located east and west of Gun Club Road and north of 120th Street from Agriculture to R-1, Single Family Residential in the SE 1/4 of Section 36. Aye: 4 Nay: 0 Eagan City Council Meeting Minutes February 17, 2004 . Page 4 Councilmember Maguire moved, Councilmember Carlson seconded a motion to approve a Preliminary Subdivision (Long Acres) to create 51 single family residential lots upon 29.62 acres located east and west of Gun Club Road, north of 120`h Street in the SE'/a of Section 36; subject to the following conditions: Aye: 4 Nay: 0 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 2, 1993. A. Financial Obli ations 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 pat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, dept, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development or accommodate item. 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 necessitated by City storm water storage volume requirements. C. Plans and Specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards, guidelines and policies. 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 insure that all temporary dead end public streets shall have a cul-de- sac constructed in accordance with City engineering standards. D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 2. The property shall be platted. 3. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 4. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 5. A public improvement project providing for an outlet pipe between LP-23 and LP-22 (Marsh Lake in Lebanon Hills Regional Park) shall be approved by the City Council before final subdivision approval for this development. 6. The developer shall be responsible for the connection to existing water main at the intersection of Pine Lane and 120'hStreet, as shown on the preliminary utility plan. 7. The proposed sanitary sewer lift station shall be constructed to City Engineering and Public Works department standards for a permanent lift station. 8. The developer shall be responsible for obtaining the street right-of-way (and temporary easement) along the entire length of Parcel 012-81 necessary to upgrade Biscayne Avenue to City street standards. The easement shall be in a form acceptable to he City Attorney. Eagan City Council Meeting Minutes February 17, 2004 Page 5 9. This development shall dedicate a minimum of 40 feet of right-of-way along the south edge of the plat for possible future upgrade of 120'' Street. 10. The developer shall be responsible for removing the street section and restoring the area of the existing Spruce Street temporary cul-de-sac. 11. The development shall meet the City's water quality requirements primarily by creating a minimum stormwater treatment capacity of 1.8 acre-feet covering a minimum area of 0.6 acres. Stormwater treatment ponds should be constructed according to NURP standards with a maximum depth of 6 feet, a 10:1 aquatic bench from the normal water level, and an outlet structures according to City design standards. 12. A formal wetland replacement and monitoring plan application must be submitted to the City for separate action by the City Council. 13. Applicant/developer will work with city staff to maximize the 30 foot wetland buffer and minimize construction disturbance to the buffer area. 14. The applicant shall fulfill required tree preservation mitigation through the installation of seven-hundred forty- eight (748) category B trees, of which five-hundred four (504) category B trees are to be installed on site, and through the installation of two-hundred forty-four (244) category B trees (or an equivalent combination of category A and/or category C trees) to be installed off-site. Staff will work with the applicant to determine exact location of off-site trees including trees at city park properties. 15. The applicant shall continue to work with city staff to identify additional opportunities or preservation during development. 16. 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 on-site. 17. 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. 18. The development shall be responsible for a cash park dedication. 19. The developer shall construct an 8' wide bituminous trail to City standards within the 15' "drainage and utility easement" located between lots 7 and 8, extending from the curb to the north property line. Said trail shall be installed prior to the construction of homes on lots 7 and 8. the construction value of the trail shall be credited to the trail dedication for the development. Any balance due shall be a cash dedication. The trail easement shall be in a form approved by the City Attorney. 20. The developer shall be responsible for upgrading the portion of Gun Club Road adjacent to Lots 1 and 2, Block 2 to an urban section street, in accordance with City engineering standards. 21. This development shall dedicate adequate drainage and utility easement over the proposed sanitary sewer lift station on Lot 1, Block 2. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the Wetland Replacement Plan associated with Long Acres development. Aye: 4 Nay: 0 CONDITIONAL USE PERMIT - SOWLES PROPERTIES City Administrator Hedges provided an overview of the requested conditional use permit to allow outdoor storage which was continued from the January 20, 2004 City Council meeting. City Planner Ridley discussed the list of outdoor storage items provided by the applicant. Dan Sowles, applicant was present to answer questions of the Council. After significant discussion regarding the amount of outdoor storage items and the height of same, it was agreed that further review of the requested conditional use permit be conducted at a Council workshop. Councilmember Carlson suggested, and other members agreed, that an interim use permit for outdoor storage would be more appropriate for the property. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of a Conditional Use Permit to allow outdoor storage of, equipment, materials, and current / late model cars on Part of Government Lot 2, Section 9, Township 27, Range 23, located at 3045 Sibley Memorial Highway until March 1, 2004. Eagan City Council Meeting Minutes February 17, 2004 Page 6 Aye: 4 Aye: 0 PRELIMINARY SUBDIVISION (WOODLAND PLACE ADDITION) RICH RAGATZ City Administrator Hedges introduced this item regarding a preliminary subdivision of 6.3 acres to create 14 single family lots at 630 and 660 Cliff Road. City Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve a Preliminary Subdivision of 6.3 acres to create 14 single family lots at 630 and 660 Cliff Road subject to the following conditions: Aye: 4 Nay: 0 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 2, 1993. A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff s report in accordance with the final plat dimensions and the rates in effect at the time of final pat approval. B. Easements and Rights-of-Way a. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. b. This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, dept, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development or accommodate it. c. 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. d. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications a. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards, guidelines and policies. b. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. c. This development shall insure that all temporary dead end public streets shall have a cul-de- sac constructed in accordance with City engineering standards. D. Public Improvements a. If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by council action prior to final plat approval. E. Permits a. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 2. The property shall be platted. 3. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 4. The developer shall be responsible for a cash parks dedication. 5. The development shall be responsible for a cash trails dedication. 6. The development shall include a twelve foot wide Trail Easement between lots seven and eight. Said easement may be used by the City to develop a trail should it be determined that a trail would be a beneficial means of 13 Eagan City Council Meeting Minutes February 17, 2004 Page 7 access to the adjoining park property. The easement may be vacated at the discretion of the City. The Easement shall be in a form and text approved by the City Attorney; the plat should include the vacated Dodd (if approved by Council) to Lot 1; and if not approved, it should remain as dedicated right-of-way. 7. The developer shall construct an outlet skimmer structure and pipe from the new pond across Holz Farm Park property to Manor Lake, in accordance with City engineering standards. 8. The new pond to be constructed with the development shall be graded to provide proper depth and function of the outlet skimmer structure, also in accordance with City engineering standards.. 9. The developer shall dedicate right-of-way for Dodd Road along the southwest portion of the plat, as shown on the preliminary plat. 10. The developer shall be dedicate 60 feet of 1/z right-of-way along Cliff Road (Dakota County Road 32), measured from the centerline of the existing roadway, as required by the Dakota County Plat Commission. 11. This development shall dedicate drainage and utility easement over the proposed sanitary sewer line between Lots 7 and 8 of sufficient width and location (minimum 20' wide centered over the pipe) as determined necessary by City engineering standards. 12. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) 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 on-site. 13. 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. 14. A revised Tree Preservation Plan shall be submitted that shows the installation of tree protection fence installed (per City Ordinance standards) at the drip line or at the perimeter of the critical root zone, whichever is greater, for all trees indicated to be preserved, including tree numbers 1, 3, 4, 7, and 68-73. 15. A minimum stormwater treatment wet-pond volume of 0.17 acre-feet covering a minimum area of 0.13 acres shall be required to treat runoff from 3.0 acres of this development. The pond should have a maximum depth of six feet and a 10:1 aquatic bench beginning at the normal water level. 16. A cash dedication in lieu of on-site water quality ponding shall be required for the remaining 3.3 acres of this development. LEGISLATIVE AND INTERGOVERNMENTAL AFFAIRS UPDATE UPDATE REGARDING MAC PART 150 2007 DRAFT NOISE CONTOURS Assistant to the City Administrator Lord provided an update regarding the recently released MAC Part 150 2007 Draft Mitigated Noise Contours. ADMINISTRATIVE AGENDA City Administrator Hedges discussed a request by The Trust for Public Land for the waiver of development fees for nine acres of land on Lexington Avenue. Councilmember Maguire moved, Councilmember Tilley seconded a motion to waive the subdivision fee, the rezoning fee and the escrow deposit for The Trust for Public Land for nine acres of land on Lexington Avenue. Aye:4 Nay: 0 The need for a special City Council meeting was discussed. Councilmember Tilley moved, Councilmember Carlson seconded a motion to schedule a special City Council meeting for February 24, 2004 at 5:30 p.m. at Moonshine Park Retreat Center. Aye: 4 Nay: 0 Eagan City Council Meeting Minutes February 17, 2004 Page 8 OTHER BUSINESS RESOLUTION APPROVING PURCHASE AGREEMENT FOR CITY ACQUISITION OF PROPERTY FOR REDEVELOPMENT, NORTHEAST EAGAN REDEVELOPMENT DISTRICT, MARY IMRE/TMI COATINGS PROPERTY, 2805 AND 2809 DODD ROAD, AND RELATED STIPULATIONS AND RELOCATION AGREEMENTS Councilmember Tilley moved, Councilmember Fields seconded a motion to continue consideration of a Resolution Approving Purchase Agreement for City Acquisition of Property for Redevelopment, Northeast Eagan Redevelopment District, Mary Imre/Tmi Coatings Property, 2805 and 2809 Dodd Road, and Related Stipulations and Relocation Agreements to the March 16, 2004 City Council meeting. Aye: 4 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 8:30 p.m. Aye: 4 Nay: 0 Date Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. MINUTES OF A LISTENING SESSION OF THE EAGAN CITY COUNCIL FEBRUARY 17, 2004 6:00 P.M. The Eagan City Council held a Listening Session on February 17, 2004 at 6:00 p.m. in the Eagan Room of the Municipal Center. In attendance were Acting Mayor Fields, Councilmembers Carlson, Tilley and Maguire. Mayor Geagan was out of town. Margie and David Ragsdale requested the Council reconsider license fees and background investigation fees for massage therapist and massage therapist establishment licenses. They provided information regarding fees in other Metro area cities. The Council directed staff to provide additional information and the issue be discussed at a Council workshop. The meeting adjourned at 6:30. Respectfully submitted, Mira McGarvey Administrative Secretary / Deputy City Clerk MINUTES SPECIAL CITY COUNCIL WORKSHOP / RETREAT TUESDAY, FEBRUARY 24, 2004 5:30 P.M. MOONSHINE PARK City Councilmembers present: Acting Mayor Fields, Councilmembers Carlson, Tilley and Maguire. Staff members present: City Administrator Hedges, Assistant to the City Administrator Lord, Director of Parks and Recreation Vraa, Director of Administrative Services VanOverbeke and Director of Community Development Hohenstein. City Attorney Mike Dougherty was also present. 1. ROLL CALL & AGENDA ADOPTION Acting Mayor Fields opened the meeting. City Administrator Hedges noted that under Other Business the Council may wish to discuss a resolution in regards to a $4 million appropriation to the Metro Greenways that is included in the proposed Natural Heritage Bill. Hedges also added that the Council may wish to discuss their priorities regarding support of specific projects found in the State Bonding Bill. Lastly, City Administrator Hedges informed the Council that he would be happy to provide an update on various communications with Eagan residents that occurred this past week. Councilmember Tilley moved, Councilmember Carlson seconded a motion to adopt the agenda as amended. Aye: 4 Nay: 0 City Administrator Hedges, at the request of the City Council, provided an update on the previous week's events and communications with Eagan residents. II. VISITORS TO BE HEARD There were no visitors to be heard. III. TRANSFER OF ANDERSON PARCEL & FUTURE GREENSPACE ACQUISITION City Administrator Hedges introduced the item noting the seven public policy discussion topics that were prepared by staff in advance of the retreat. Those discussion items included: • Public policy discussion regarding subdivisions/platting for property acquisition o Application fees Special City Council Minutes February 24, 2004 Page 2 of 4 o Development related fees, i.e. connection charges, real estate taxes and special assessments • Discuss policy re: roadway easement (setback for future Lexington Ave. expansion) consideration for Anderson parcel • Policy discussion re: emergency/septic easement for Anderson parcel • Discuss development restrictions on residual two acre Anderson parcel • Consider timeline for Anderson acquisition o Future use of property/layering of land use restrictions by all funding agencies • Discuss natural elements definitions • Status of new grant applications The City Council discussed the need for a conservation easement and the platting of the Anderson parcel upon the sale of the property. The City Council provided direction that a conservation easement should be included in the purchase agreement, to include the two acre residual parcel. Director of Administrative Services VanOverbeke summarized the assessment and development related fees for the Anderson, Caponi, and McCarthy properties. The City Council discussed the purchase agreement between Trust for Public Land (TPL) and the Andersons. The Council provided direction that they expect a conservation easement on the residual two acre parcel and also stipulated that the City Council shall have the opportunity to view the purchase agreement between TPL and the Andersons. The Council also directed that the conservation easement include language regarding restricted development in that no development shall take place on the property (i.e. land should be left in natural state). The Council also added that the Anderson's shall be required to pay all assessments and development related fees. City Administrator Hedges and City Attorney Dougherty summarized the meeting that City staff had with TPL on February 23. The City Council discussed the emergency/septic easement for the Anderson parcel. There was City Council consensus that an emergency/septic easement is necessary for emergency purposes, and that if the easement is needed to be accessed, it should be restored at the Anderson's cost. The Council added that the easement would be an obligation of this purchase and it is an issue that should be addressed up front in future acquisitions. The City Council discussed the potential roadway easement for future Lexington Avenue expansion. Director of Community Development Hohenstein summarized the issue of the easement and noted that if future acquisition is needed and the City waives the easement requirement, the City would be required to pay 45 percent in order to acquire the easement. It was also added that if the easement is needed in the future, the County would likely have to condemn the entire property given that the easement ends approximately two feet in front of the Anderson home. The City Council directed that the roadway easement for future Lexington Avenue expansion be waived. Per the request of the City Attorney, the City Council confirmed that in regard to real estate taxes, the direction is to proceed as usual and pro-rate the taxes to the date of closing. Special City Council Minutes February 24, 2004 Page 3 of 4 The City Council discussed the timeline for the Anderson acquisition. Parks and Recreation Director Vraa noted that the land will first be subdivided into two parcels (nine acres and two acres). Next, TPL will purchase the nine acre parcel from the Anderson. The Andersons will retain the two acres parcel on which their house sits and an emergency access easement on an existing path on the nine acre parcel. The easement will allow them to service their septic system if necessary and demolish an old barn on the two acre parcel. Following TPL's purchase, Vraa added, TPL will convey a conservation easement to the DNR Metro Greenways, and TPL will convey the restricted nine acres to the City of Eagan. Vraa added that the City will receive funding from the DNR Natural and Scenic Area Grant as well as Dakota County's Farmland and Natural Area program, to be combined with the City's contribution, which together will be paid in full to TPL. Lastly, Vraa added that in addition to the conservation easement required by Metro Greenways (and Dakota County), there will also be a deed restriction on the property required by the Natural and Scenic Area Grant. Vraa noted that the conservation easement and the deed restriction both limit the development and activities that can occur on the property. Councilmember Carlson noted her desire to sit down with TPL to discuss their strategy and efforts in partnering with the City. The Council provided direction that correspondence be sent to TPL to state that the City appreciates the efforts they have gone to in preserving green space within our community, and also to emphasize the need for a spirit of partnership between the two entities. Parks and Recreation Director Vraa provided an overview of definitions associated with natural elements, including definitions for green space, Eagan Greenway Corridor, Eagan Core Greenway, open space, conservation easement, and reserve/preserve. The City Council directed that the definitions memo be forwarded to the APrC for their review and then be brought back to the City Council for formal approval. The Council added that once the Council has formally approved the document, the definitions be included in an upcoming Experience Eagan Newsletter. Parks and Recreation Director Vraa provided an update on potential grant opportunities within the City. Vraa highlighted three properties including property owned by Carl Olson, property owned by Mr. and Mrs. Forsman, and a piece of the McCarthy property. Upon reviewing the three options, the City Council directed that Thresher Fields be the only application made this year; however, the three properties highlighted by Director Vraa could be explored for future years. The Council added that Trust for Public Land also has submitted a Natural and Scenic Area Grant application for the Caponi property. I.V. OTHER BUSINESS City Administrator Hedges noted that the City had been contacted to offer support for the $4 million Metro Greenways appropriation that is included in the proposed Natural Heritage Bill. Councilmember Tilley made a motion to approve a resolution in support of the $4 million Metro Greenways appropriation included in the Natural Heritage Bill. The motion died for lack of a second. Special City Council Minutes February 24, 2004 Page 4 of 4 The City Council discussed whether or not they should offer support for specific agencies' requests for funding. The Council noted that while the Metro Greenways program is extremely valuable, the Council does not want to appear to be discriminating against other agencies seeking the same funding. The City Council also discussed initiatives they wish to support within the bonding bill, again noting that there is significant competition for the same funds. ADJOURNMENT Councilmember Maguire moved, Councilmember Carlson seconded a motion to adjourn the meeting at 9:00 p.m. Aye: 4 Nay: 0 ~V MINUTES CITY COUNCIL MEETING TUESDAY, FEBRUARY 10, 2004 5:30 P.M. EAGAN ROOM / EAGAN CITY HALL City Councilmembers present: Acting Mayor Fields, Councilmember Carlson, Maguire, and Tilley. Staff members present: City Administrator Hedges, Assistant to the City Administrator Lord, Communications Director Garrison, Director of Community Development Hohenstein, Public Works Director Colbert, City Planner Ridley, and Director of Administrative Services VanOverbeke. 1. ROLL CALL AND AGENDA ADOPTION The City Council added the following items to Other Business: 1.) Sister City relationships; 2.) Star Tribune meeting on Thursday, February 12; 3.) Response to new format for City Council workshop packets; and 4.) Phone call received by Councilmember Carlson from an Eagan resident. Councilmember Maguire also requested that an update on the recently release 2007 DNL Mitigated Noise Contours be included on the next City Council agenda. Acting Mayor Fields noted that Mayor Geagan was absent and would be listening to the meeting procedures via conference call; however, he would not be eligible to vote at the meeting. Councilmember Maguiremoved, Councilmember Tilley seconded a motion to adopt the agenda as amended. Aye: 4 Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. PRESENTATION RE: LOW IMPACT DEVELOPMENT OPTIONS & LONG ACRES ADDITION DRAINAGE City Administrator Hedges introduced the item noting that at the January 20 City Council meeting, the Council considered the Long Acres Development proposal. Hedges added that the City Council continued its consideration of the item in order to receive additional information pertaining to increased run-off resulting from the development and the impact it would have on the downstream receiving water bodies within Lebanon Hills Regional Park and along Cliff Road. Public Works Director Colbert gave a presentation regarding the low impact development options and Long Acres Addition. Director Colbert noted that on various occasions over the last five to eight years, the drainage basins and wetlands within Lebanon Hills Regional Park have filled 0/ Special City Council Minutes February 10, 2004 Page 2 and spilled over Cliff Road on to private property, resulting in growing concerns from adjacent property owners about future events. Mr. Colbert stated that Long Acres comprises approximately 30 acres and incorporates 3.33 acres of existing wetland with another .7 acres of additional ponding areas to be added, resulting in the total Lebanon Hills Regional Park watershed drainage basin of 1,400 acres (approximately 2 percent). Mr. Colbert added that the incremental increase associated with the Long Acres Development that cannot be handled by the added internal storage capacities is relatively insignificant in relationship to the overall drainage area and volumes into and through the Lebanon Hills Regional Park that have been of concern in recent past. Director Colbert highlighted the options available to the City Council. Colbert suggested that due to the delays that the county has encountered with the DNR approvals for their comprehensive plan, it may be more reasonable for the City to implement the interconnection of our drainage system in accordance with our existing comprehensive plan, which would only impact the smaller portion of the Lebanon Hills Regional Park. Mr. Colbert stated that the scope, schedule, estimate, and financing of such an improvement should best be contained within a feasibility report prepared in concert with the county's comprehensive plan to maximize the opportunities of both. The City Council discussed the presentation given by Director Colbert as well as the options available. At the request of the Council, Director Colbert noted that funding for such an improvement could come from: 1.) special assessments to benefiting properties (those who have not previously paid the trunk storm sewer fee, e.g. Dakota County); 2.) the remainder of the costs would be paid out of the City's trunk storm sewer fund. The City Council further discussed the merits of implementing the interconnection of our drainage system. Director Colbert noted that the County has already spent over $200,000 thus far in studying the drainage issues within Lebanon Hills Regional Park. The City Council directed that a resolution of support be included on the February 17 City Council agenda in support of special legislation being sought by Dakota County in order to approve the Lebanon Hills Regional Park comprehensive drainage plan. The City Council also directed that a feasibility report be included on the February 17 Consent Agenda in order to learn more about the potential project to implement the interconnection of our drainage system in accordance with our existing comprehensive plan. Councilmember Maguire recognized Kurt Manley in the audience and inquired as to whether Mr. Manley would like to address the City Council, to which he declined. Councilmember Maguire also added that the Public Works Committee met prior to the workshop and suggested that low impact development will also help with the City's water quality efforts. IV. REVIEW WIRELESS BROADBAND ISSUES AND OPPORTUNITIES City Administrator Hedges introduced the item noting that the City was recently approached by a high speed wireless broadband provider wanting to place such technology on unused City water tower space and provide an alternative to broadband via cable modems. Hedges added that currently there is only one major provider of broadband services in Eagan and the City receives no franchise fees for use of its public rights-of-way for broadband services. Special City Council Minutes February 10, 2004 Page 3 Communications Director Garrison provided an overview of the wireless broadband issues and opportunities that exist for the City. Garrison stated that broadband is the high speed conveyance of Internet traffic, typically through fiber in the ground often used in the public rights- of-way. Garrison added that wireless broadband is also high speed, but uses small antennas placed on towers to convey Internet traffic Mr. Garrison informed the City Council that the City of Burnsville recently instituted a technology committee made up of the mayor, civic and business leaders, and city staff, reportedly with the goal of having numerous wireless hot-spots within Burnsville and specifically targeting medical technology companies to locate in Burnsville. The City Council discussed the public policy questions raised by staff. There was Council concurrence that the City of Eagan should be very active in taking inventory, defining, planning for, and implementing Eagan's technology infrastructure. The City Council also concurred that they would like to see Eagan have a technology plan. The City Council discussed the technology objectives they have. Objectives they suggested included: l.) revenue; 2.) more alternatives for the public; 3.) increase operating efficiencies/decreased costs; 4.) business and resident recruitment and retention tool; and 5.) fostering competition. City Administrator Hedges noted that in speaking to the Mayor, the Mayor offered his support for technology initiatives and would include questions regarding technology needs when he meets with the CEO's of various Eagan corporations and industries. The City Council directed that a technology task force be formed to include members of the EDC and Telecommunications Commission, which will be led by a consultant. The Council directed that the task force develop an RFP for wireless broadband providers. There was City Council consensus that revenues made off of wireless services should be directed back into the technology needs of the City. Councilmember Carlson suggested that the task force explore start-up incentives. The City Council agreed that members of the Council could attend any of the task force meetings, subject to open meeting laws, but that no City Councilmembers would serve as representatives on the task force. The Council directed that meeting notes of the task force be kept and passed on to the City Council. The City Council directed that staff bring back recommendations on the make-up for a task force as well as the timeline needed. The Council requested that the background/qualifications of individuals be considered when determining which commission members could best serve on the task force. V. OTHER BUSINESS City Administrator Hedges noted that he received a call from Ladonna Boyd regarding a meeting that the Chinese delegation would like to have with the City of Eagan to discuss the Sister City Program. The City Council discussed whether or not the City signed an agreement with Dakota County to participate in the Sister City Program. The Council directed City Administrator Hedges to get more information about the Sister City Program and the agreement the City may have entered into. City Administrator Hedges noted that he would get back to the City Council with further information. Councilmember Maguire noted that he would be traveling to Ireland this spring and would like background information on previous discussions regarding a Sister City Program with Ireland. X23 Special City Council Minutes February 10, 2004 Page 4 City Administrator Hedges noted that the Star Tribune will be hosting a "Community Conversation" meeting this coming Thursday, February 12, at the Eagan Community Center. City Administrator Hedges informed the Council that he and Communications Director Garrison would be attending. Councilmember Fields and Maguire also stated they would attend the meeting. The City Council discussed the new format for packet preparation for special meetings/workshops, and concurred that they approve of the new format. Councilmember Carlson summarized a telephone call she received from a citizen concerned about a release that is required to be signed prior to participating in Parks and Recreation programming. City Administrator Hedges stated he would review the release and provide further information via a memo to the City Council. VI. ADJOURNMENT The City Council adjourned at 6:52 p.m. Agenda Information Memo March 1, 2004 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Part-time Seasonal Basketball Scorekeeper-- ACTION TO BE CONSIDERED: To approve the hiring of Elizabeth Aloe as a part-time seasonal basketball scorekeeper. Item 2. Resignation/Utilities Maintenance Worker— ACTION TO BE CONSIDERED: To accept the letter of resignation from Greg Lerner, Utilities Maintenance Worker. Item 3. Full-time Custodian/Community Center-- ACTION TO BE CONSIDERED: This item is informational only. No action is needed on this item. FACTS: ■ At the February 17, 2004 City Council meeting, the Council approved the hiring of a person to be named as full-time Custodian at the Community Center. ■ That person's name is Donald Swanson. Item 4. TerminationNolunteer Fire Fighter ACTION TO BE CONSIDERED: To approve the decision of the Executive Board of the Eagan Volunteer Fire Department to terminate the membership in the Volunteer Fire Department of Fire Fighter Richard Martinek due to failure to meet attendance requirements. Item 5. TerminationNolunteer Fire Fighter ACTION TO BE CONSIDERED: (1) To approve the receipt of the decision of the independent hearing officer regarding the termination from membership in the Volunteer Fire Department of Todd Sutter, and (2) to approve the decision of the Executive Board of the Eagan Volunteer Fire Department to terminate the membership in the Volunteer Fire Department of Fire Fighter Todd Sutter due to failure to meet attendance requirements. C:Q:o Agenda Information Memo March 1, 2004 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated February 19, 2004 and February 26, 2004 as presented. ATTACHMENTS: • Check registers dated February 19, 2004 and February 26, 2004 are enclosed without page number. Agenda Memo March 1, 2004 Eagan City Council Meeting CONSENT AGENDA: D. Approve 2003 general fund budget adjustments. ACTION TO BE CONSIDERED: To approve 2003 General Fund budget adjustments related to Police contractual security and State aid revenue reductions as outlined in staff's memo of February 12. FACTS: • It is customary for staff to present budget adjustments for formal Council approval for the preceding year, shortly after that budget year has been completed and preliminary year-end account balances are known. • The adjustments are retrospective and are formalized for reporting purposes only. They do not represent proposed spending changes. • Generally, only those adjustments that involve significant dollar amounts are proposed; staff does not endeavor to make line item adjustments that are not material. • Two 2003 budget adjustments are recommended: ➢ A $400,000 increase to both the revenues and expenditures for Police contractual security, which is essentially a pass-through. Budget was exceeded because of enhanced levels of security by MAC at the airport and by Met Council at the Seneca plant. ➢ Adjustments to several line items as a result of lost State aid totaling $1,217,000. The effects of the hiring freeze and training/travel reductions are included in the adjustments, as well as significant other revenue and expense variances that helped make up for the loss in aid payments. ISSUES: None ATTACHMENTS: • Feb 12 staff memo detailing the budget line items to be adjusted is attached as page ~ C~? 7 S MEMO city of eagan TO: Gene VanOverbeke, Director of Administrative Services FROM: Tom Pepper, Chief Financial Officer DATE: February 12, 2004 SUBJECT: 2003 General Fund Budget Adjustments The following 2003 budget adjustments are presented for consideration by the City Council: 1) $ Increase Decrease Acct No. Account Description Revenue Expense 1116.6120 Contractual security wages exp 400,000 9001.4234 Contractual security revenue 400,000 This relates to Police contractual security. Because of enhanced security measures undertaken by MAC at the airport and by Met Council at the Seneca wastewater treatment plant in Eagan, contractual security income and expense far exceeded the budget. Contractual security is essentially pass-through revenue. Effective 2004, the City began charging a 5% administrative fee on contractual security billings. 2) 9001.4150 LGA revenue (126,800) 9001.4020 MVHC aid revenue (1,090,200) XXXX.61XX Salaries (hiring freeze) (253,500) XXXX.6476 Training/conferences/schools (53,750) 3600.6810 Contingency - current year (232,750) 9001.4085 Building permits 295,000 9001.4222 Plan check fees 162,000 2200.6564 Contractual svc - snow/ice removal (120,000) 0600.6311 Legal expenses (80,000) 2200.6566 Striping (20,000) These are the adjustments resulting from the loss of State aid. Included are the effects of the hiring freeze on about twelve positions and the 40% reduction in training/ conferences/schools. Other line items with favorable variances, including the contingency account, were amended to balance the adjustment. The net effect of the two adjustments is a $360,000 reduction in both revenues and expenditures. The amended budget remains balanced. C 1~ F Agenda Information Memo March 1, 2004, Eagan City Council Meeting E. APPROVE RESOLUTION OF RECONVEYANCE OF TAX FORFEITED PARCEL (10-32990-020-00), OUTLOT B. HILLS OF STONEBRIDGE TO THE STATE OF MINNESOTA ACTION TO BE CONSIDERED: Approve the reconveyance of tax forfeit parcel 10-32990-020-00 (Outlot B, Hills of Stonebridge) to the State of Minnesota. FACTS: • In official action of the City Council at the regular meeting held September 1, 1998, the above referenced parcel was declared to have a public purpose for future street right of way for site distance and/or a right turn lane and acquisition was requested from the State through Dakota County. • The State of Minnesota subsequently conveyed the property to the City in November of 1998. • Five years after all conveyances the State requests a review of each parcel to determine if the same public purpose use or another public purpose use exists. • Upon completion of the review, staff has determined that Eagan no longer has a public purpose use for this land and it should be reconveyed to the State. 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N FP / IT a 1 110 S+ pC~ p 9 s p 1~ 12 S i ( m s8' ^A ~y~ q50 d 1OL11o$' I ( 19'530 .A 4W 30 2 PT Form 975 (Revised 11/99) Minnesota Department of Revenue Reconveyance of Forfeited Lands to the State of Minnesota By a Governmental Subdivision Under Minnesota Statutes, Section 282.01, Subdivision ld State Deed Tax Due Hereon: 1.65 WHEREAS, pursuant to Minnesota Statutes, Section 282.01, Subdivisions la to lc, the State of Minnesota, on the juTu day of 'y0~levj"g, AU conveyed to City of Eagan a governmental subdivision of the State of Minnesota (hereinafter "Governmental Subdivision"), by state deed numbered 189682 the real property described below (hereinafter "Property") to be used for an authorized public use, and WHEREAS, the Governmental Subdivision has either failed to put the Property to the public use for which it was conveyed, or has abandoned the public use for which it was conveyed, and now desires to reconvey the Property under Minnesota Statutes, Section 282.01, Subdivision ld to the State of Minnesota, to be held in trust according to Minnesota Statutes, Section 281.25, NOW THEREFORE, the Governmental Subdivision, pursuant to said laws, and pursuant to the duly adopted resolution of its governing body number dated March 1, 2004 does hereby grant and convey the property in the County of Dakota described as follows, together with all appurtenances thereunto belonging: Parcel 10-32990-020-00 Hills of Stonebridge Outlot B to the State of Minnesota, to be held in trust as provided by Minnesota Statutes, Section 281.25, upon like conditions and with like effect as if the Property had not been conveyed to the Governmental Subdivision for a public use. City of Eagan (Name of Governmental Subdivision) By. Mayor 3-1-2004 Signature Title Date By: City Clerk 3-1-2004 Signature Title Date STATE OF MINNESOTA ) ) ss. County of Dakota ) On this 1st day of March 2004 Pat Geagan and Maria Petersen respectively the Mayor and the City Clerk of the governmental subdivision named in the foregoing instrument, appeared before me and acknowledged that they executed the same as the free act and deed of said governmental subdivision pursuant to the statutes in such case made and provided. Notary Date I 31. Tax Statements (if any) for the real property described in this instrument should be sent to the County Auditor of the County wherein the property is located, in care of the County Courthouse. Approved by the Attorney General. This instrument was drafted by the Commissioner of Revenue, Minnesota Department of Revenue, St. Paul, MN 55146. Approval The undersigned, acting for the Commissioner of Revenue of the State of Minnesota, under delegation of authority duly filed with the Secretary of State, does hereby approve the foregoing conveyance to the State of Minnesota. Dated: STATE OF MINNESOTA Commissioner of Revenue By: The duly appointed delegate of the Comrnissioner of Revenue, for these purposes. STATE OF MINNESOTA ) )SS. COUNTY OF RAMSEY ) This Approval was acknowledged before me on by , the duly appointed delegate of the commissioner of revenue for these purposes. Notary Date 3eZ i Agenda Information Memo March 1, 2004, Eagan City Council Meeting F. APPROVE RESOLUTION OF RECONVEYANCE OF TAX FORFEITED PARCEL (10-47752-120-02), NORTH HALF OF LOT TWELVE, BLOCK TWO, MCKEE 31tD ADDITION TO THE STATE OF MINNESOTA ACTION TO BE CONSIDERED: Approve the reconveyance of tax forfeit parcel 10-47752-120-02 (North Half of Lot Twelve, Block Two, McKee Yd Addition to the State of Minnesota. FACTS: • In official action of the City Council at the regular meeting held April 20, 1976, the above referenced parcel was declared to have a public purpose for retaining a buffer between the industrial zoned property and acquisition was requested from the State through Dakota County. • The State of Minnesota subsequently conveyed the property to the City in June of 1976. • Upon review of the file, staff has determined that Eagan no longer has a public purpose use for this land and it should be reconveyed to the State. • In September of 1980 the City Council actually approved a reconveyance of this property contingent upon the neighbor executing a written agreement to acquire the property from the State and assume all unpaid assessments due to the City. That agreement was not executed and the property has remained in conveyance to the City. ATTACHMENTS: • Attached on page is a copy of a location map for this parcel. • Attached on pages & 36 is a copy of a resolution approving this reconveyance. 33 tI Aoo ''o ',o•o .'o :oo o -o'o ~o'. +o ~P. _ °73 ? 12 77 ? 10-- 2 15500 g n is r 1070 - n n i v 15S90 70.00 70.00 70.00 70.00 70.00 70.00 70.00 70.00 70.00 70.00 70.00 70.00 -'7S.00 1-76. o _ 130.00 00 78.00 78.00 78.00 _ 78.00 78.00 78.00 78.00 ..78.00 78.00 78.00 78.00 8200 i 13`-o _p `o •-o o -o o o 0 o g o 130:00" 6 o d :_.o .o_o - o c o o o io' ' ' p _ p r7 ao _ n ao ^ _ ~n 2859 S g X12 " 11 t0 g . B- 7 4 Y. 14 6 6 101.10 143ao 10F» o 1W* 'Iwio 14abo 1~A® 1 D 1Q$.bo 1Qaao 1 ~0 MCKEE ST. ' 17 . . 2871@0-00 100. 1(TVP0 law. 10uip V! I 0860 10812 101 1043PO' 10490 160.00 1~ 11 tG O- O O n O O- C C ' p : O O o 2875 0. O m . m e;10 o 'S- o --4---,. ° . 3.... S 1 i 130.00 W i ° 78.00 78.00 8.00 78.00 78.00 78.00 78.06' 78.00 78.00 78.00; Z .•,z 2882m 1065 1061 i Q '130.00 of o ~o ._o o •--o •0 0 0 .o p n ~ n n n n n n n t- . 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THE FOR REFERENCE CRY O OF Esgau IS NOT RESPONSIBLE FOR INACCURACIES CONTAINED HFAEJN PT Form 975 (Revised 11/99) Minnesota Department of Revenue Reconveyance of Forfeited Lands to the State of Minnesota By a Governmental Subdivision Under Minnesota Statutes, Section 282.01, Subdivision Id State Deed Tax Due Hereon: 1.65 WHEREAS, pursuant to Minnesota Statutes, Section 282.01, Subdivisions la to lc, the State of Minnesota, on the 18th day of June 1976 conveyed to City of Eagan a governmental subdivision of the State of Minnesota (hereinafter "Governmental Subdivision"), by state deed numbered 151066 the real property described below (hereinafter "Property'") to be used for an authorized public use, and WHEREAS, the Governmental Subdivision has either failed to put the Property to the public use for which it was conveyed, or has abandoned the public use for which it was conveyed, and now desires to reconvey the Property under Minnesota Statutes, Section 282.01, Subdivision Id to the State of Minnesota, to be held in trust according to Minnesota Statutes, Section 281.25, NOW THEREFORE, the Governmental Subdivision, pursuant to said laws, and pursuant to the duly adopted resolution of its governing body number dated March 1, 2004 , does hereby grant and convey the property in the County of Dakota described as follows, together with all appurtenances thereunto belonging: Parcel 10-47752-120-02 North Half (NZ) of Lot Twelve (12), Block Two (2) McKee 3rd Addition to the State of Minnesota, to be held in trust as provided by Minnesota Statutes, Section 281.25, upon like conditions and with like effect as if the Property had not been conveyed to the Governmental Subdivision for a public use. City of Eagan (Name of Governmental Subdivision) By: Mayor 3-1-2004 Signature Title Date By: City Clerk 3-1-2004 Signature Title Date STATE OF MINNESOTA ) ) ss. County of Dakota ) On this 1st day of March 2004 Pat Geagan and Maria Petersen respectively the Mayor and the City Clerk of the governmental subdivision named in the foregoing instrument, appeared before me and acknowledged that they executed the same as the free act and deed of said governmental subdivision pursuant to the statutes in such case made and provided. Notary Date 3.50" Tax Statements (if any) for the real property described in this instrument should be sent to the County Auditor of the County wherein the property is located, in care of the County Courthouse. Approved by the Attorney General. This instrument was drafted by the Commissioner of Revenue, Minnesota Department of Revenue, St. Paul, MN 55146. Approval The undersigned, acting for the Commissioner of Revenue of the State of Minnesota, under delegation of authority duly filed with the Secretary of State, does hereby approve the foregoing conveyance to the State of Minnesota. Dated: STATE OF MINNESOTA Commissioner of Revenue By: The duly appointed delegate of the Commissioner of Revenue, for these purposes. STATE OF MINNESOTA) )SS. COUNTY OF RAMSEY ) This Approval was acknowledged before me on by , the duly appointed delegate of the commissioner of revenue for these purposes. Notary Date 36 i Agenda Information Memo March 1, 2004, Eagan City Council Meeting G. APPROVE RESOLUTION FOR NEW USE OF TAX FORFEITED PARCEL (10-13700-030-01). LOT 3 BLOCK 1 BARTON MCGRAY ADDITION FROM THE STATE OF MINNESOTA ACTION TO BE CONSIDERED: Approve the new use of tax forfeit parcel 10-13700-030-01 (Lot 3 Block 1 Barton McGray Addition). FACTS: • In official action of the City Council at the regular meeting held November 18, 1997, the above referenced parcel was declared to have a public purpose for open space and easement purposes and acquisition was requested from the State through Dakota County. The parcel is in the Cedar Grove Redevelopment District and the City desired to maintain control over any potential development. • The State of Minnesota subsequently conveyed the property to the City on March 27, 1998. • Five years after all conveyances the State requests a review of each parcel to determine if the same public purpose use or another public purpose use exists. It would be appropriate to request this change of use at this scheduled review time. • The City would like to retain control over the potential development on the parcel and facilitate redevelopment through potential acquisition of and consolidation with other contiguous parcels. To be in position to be able to offer the parcel for sale and to facilitate redevelopment a change in use must be approved by the State. ATTACHMENTS: • Attached on page is a copy of a location map for this parcel. • Attached on pages & is a copy of the application requesting the change in use of this parcel. ANIGE ANIM Asia -I.- N 'T A co ;I LUV r4 trc 4z 48- tr4 -614 '4~ 96 9 z 00'OVG 00,99 CUP 00, p oo*scL EV'M Oo'-*- v iV ANG 3nu a nv3s 0 tr LIN=i 966 to, v 096C I-Nv 066C cis Vbt; 6 4-1 966E 096C .,f.T-..966 ca !'096C- 0961; f 066C A OM RR tA 069 .6, W, 'Al IV A~u 'WE g A-koi-V .0 -,.VwFbu ze NO lp 0 AC§6E 06C g , X" ro PT Form 961 (Revised 9/23/96) Minnesota Department of Revenue Application for Approval of a New Use of Tax-Forfeited Lands (Minnesota Statutes, Section 282.01, Subdivisions la through le) In Dakota County City of Eagan Economic Development Authority Name of governmental subdivision (applicant): Mailing address of applicant: 3830 Pilot Knob Road, Eagan, MN 55122 State deed number: 0188506 Date state deed issued. March 27 1998 (month) (day) (year) Legal description of property (include the name of the city/town in which the property is located): City of Eagan Parcel 10-13700-030-01 Barton McGray Addition Lot 3 Block 1 Describe the intended public use for which the property was previously conveyed (be specific, including statute or special law references, if relevant): open space and for easement purposes. Describe the new public use for the property that is being requested (be specific, including statute or special law references, if relevant): The property is located in a tax increment redevelopment district. The EDA would like to acquire the parcel, assemble it witFi other parcels and resell it for redevelopment. THIS INSTRUMENT WAS DRAFTED BY: Gene VanOverbeke Name City of Eagan 3830 Pilot Knob Road, Eagan, MN 55122 Address STATE OF MINNESOTA ) ss. County of Dakota ) Pat Geagan being first duly sworn, deposes and says that he/she is the authorized representative of the governmental subdivision (applicant) named herein, that he/she has read said application and knows the contents thereof, and that the matters stated therein are true and correct. Mayor Name Title Subscribed and sworn to before me this 1st day of March , 20 04 Notary Public, County, Minn. My commission expires Return application to: MN Department of Revenue • Property Tax Division • Mail Station 3340 • St. Paul, MN 55146-3340 ~9 RECOMMENDATION OF COUNTY BOARD UPON APPLICATION The County Board of County, Minnesota, has reviewed the application of dated , 20_, for the approval of a new authorized public use of certain tax-forfeited land described therein. The county board recommends that this application be: rejected _ granted Signature (for the County Board) Date OFFICE OF THE COMMISSIONER OF REVENUE St. Paul, Minn., 20 Upon due consideration of this application, it is ordered that it is hereby: rejected _ granted STATE OF MINNESOTA Commissioner of Revenue By Under delegation pursuant to Minnesota Statutes, Section 270.02, Subdivision 2 STATE OF MINNESOTA ) ss. County of Ramsey ) On this day of before me personally appeared the duly appointed representative of the Commissioner of Revenue of the State of Minnesota, to me known to be the person who executed the foregoing conveyance in behalf of the state of Minnesota and acknowledged that he executed the'same as the free act and deed of said state pursuant to the statutes in such case made and provided. Notary Public O Agenda Memo March 1, 2004 CONSENT AGENDA: H. Tree Contractor Licenses ACTION FOR CONSIDERATION: Approve Tree Contractor Licenses for: Tree Tech, Inc. 13849 Euclid Court Apple Valley, MN 55124 and Wright Tree Service 17911 Cannon City Blvd. Faribault, MN 55021 FACTS: • All requirements of the application have been met and fees paid. • Staff has reviewed the application and deem the licenses in order for approval. Agenda Memo March 1, 2004 CONSENT AGENDA: 1. Licenses to Sell Tobacco Products ACTION FOR CONSIDERATION: Approve Tobacco Licenses for: Cedar Grove Shell 3830 Sibley Memorial Highway and Crowne Plaza 2700 Pilot Knob Road FACTS: • All requirements of the application have been met and fees paid. • Staff has reviewed the application and deem the licenses in order for approval. i Agenda Memo March 1, 2004 CONSENT AGENDA: J. Ordinance Amendment to Chapter 48 regarding Commercial Turf Fertilizer Application ACTION FOR CONSIDERATION: Approve Ordinance Amendment to Chapter 6.48 regarding the Licensing of Commercial Fertilizer Applicators. FACTS: • At the February 17, 2004 City Council meeting, Council directed the City Attorney to draft an Ordinance Amendment that would delete Section 6.48 of the City Code. • Minn. Stat., Section 18C.110, which passed during the 2002 legislative session, provides that effective January 1, 2004, the City may not regulate the registration, labeling, distribution sale, handling, use application, or disposal of turf fertilizer containing phosphorus. • The exception is that a city may regulate the "sale" if it had an ordinance in effect on August 1, 2002. • The City passed and had in effect an ordinance to regulate the sale of turf fertilizer containing phosphorus (Section 6.51) on August 1, 2002. Therefore that regulation may stay in effect. However, 6.48, which regulates application and handling by commercial applicators, is preempted by Minn. Stat. 18C.110 and therefore, the City no longer has authority to regulate or license the same. ATTACHMENTS: • The proposed Ordinance Amendment is attached as page. L13 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY DELETING SECTION 6.48 REGARDING COMMERCIAL TURF FERTILIZER APPLICATION; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Six is hereby amended by deleting Section 6.48 in its entirety. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Petersen By: Pat Geagan Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Agenda Memo March 1, 2004 CONSENT AGENDA: K. Premise Permit for Pulltabs ACTION FOR CONSIDERATION: Approve Resolutions for Premise Permit Renewals for the Lions Club to operate pulltab operations at Cedarvale Bowl and Al Bakers Restaurant. FACTS: • The Lions Club has conducted a pull tab operation at Cedarvale Bowl and Al Bakers since 1998. • Staff has reviewed the proposed Permit Renewal and sees no reason for denial. ATTACHMENTS: • The Resolutions are attached as page numbers andy-7. ,/so," RESOLUTION CITY OF EAGAN PREMISE PERMIT RENEWAL FOR EAGAN LIONS CLUB ON CEDARVALE LANES PREMISES WHEREAS, the Eagan Lions Club conducts a pull tab operation at Cedarvale Lanes, 3883 Cedar Grove Parkway, and WHEREAS, the Eagan Police Department has reviewed the renewal application and has not identified any reason to deny; and WHEREAS, the Eagan Lions Club held a gambling premise permit at the above location since June 1, 2000, with no reported problems; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Eagan Lions Club premise permit renewal application at Cedarvale Lanes, 3883 Cedar Grove Parkway. Motion by: CITY OF EAGAN CITY COUNCIL Seconded by: By: Those in Favor: Its Mayor Those Against: Attest: Its Clerk Dated: March 1, 2004 CERTIFICATION I, Maria Petersen, City 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 1St Day of March, 2004. Maria Petersen, City Clerk RESOLUTION CITY OF EAGAN GAMBLING CONTROL BOARD PREMISE PERMIT FOR EAGAN LIONS CLUB ON AL BAKER'S PREMISES WHEREAS, the Eagan Lions Club has applied for a Gambling Control Board Premise Permit for the year 2004 for Al Bakers, 3434 Washington Drive; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Eagan Lions Club application for a premise permit for the year 2004 at Al Baker's. Motion by: CITY OF EAGAN CITY COUNCIL Seconded by: By: It's Mayor Those in Favor: All Those Against: None Attest: It's Clerk Date: August 19, 2003 CERTIFICATION I, Maria Petersen, City 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 1St day of March, 2004. Maria Petersen, City Clerk Agenda Memo March 1, 2004 L. CONTRACT 04-03, COACHMAN LAND COMPANY/ CENTURY POINT/ DONALD COURT/ TERMINAL DRIVE/ BORCHERT LANE STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: 1. Award Contract 04-03 (Coachman Land Co./ Century Point/ Donald Court/ Terminal Drive/ Borchert Lane - Street & Utility Improvements), to McNamara Contracting, Inc., for the base bid in the amount of $478,892, and authorize the Mayor and City Clerk to execute all related documents; OR 2. Reject the bids for Contract 04-03 (Coachman Land Cod Century Point/ Donald Court/ Terminal Drive/ Borchert Lane - Street & Utility Improvements), and authorize the re- advertisement of bids for amended Contract 04-03 (City Project 894 - Coachman Land Co./ Century Point/ Donald Court, and City Project 898 Terminal Drive), deleting City Project 884 (Borchert Lane) from Contract 04-03. FACTS: • The bituminous overlay of Coachman Road, Four Oaks Road, Farnum Drive, Century Point, Donald Court, and Terminal Drive is programmed for 2004 in the City's 5- Year Capital Improvement Program (2004-2008). • On May 20, 2003, the City Council authorized the street and utility improvements for Borchert Lane (Project 884). • On December 16, 2003, the City Council authorized the street improvements for Terminal Drive (Project 898). • On January 20, 2004, the City Council authorized the street improvements for Coachman Road, Four Oaks Road, Farnum Drive, Century Point and Donald Court (Project 894). • These projects have been combined under one contract (Contract 04-03) to increase economies of scale. • On February 3, 2004, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 04-03. • At 10:30 a.m. on February 26, formal bids were received for this project. A copy of the bid summary is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. • The bid received from the low bidder for work under City Project 894 (Coachman Land Co.) and City Project 898 (Terminal Drive) was approximately 5 to 20 percent below the cost estimates in the feasibility reports for those respective projects. ISSUES: • The low bid received for work under City Project 884 (Borchert Lane) was approximately 22% ($24,000) above the cost estimate in the feasibility report for that project. However, it was approximately 5 percent ($7,000) less than the low bid received in September, 2003 under City Contract 03-13. Bids received under Contract 03-13 were rejected by the City Council on September 16, 2003. • Project 884 was combined with the other projects and re-bid in the late winter season. Given the favorable bidding circumstances, City staff considers the low bid received to be the best possible contractor bid available. • At the May 20, 2003 public hearing for City Project 884 (Borchert Lane), the City Council directed the preparation of assessable benefit appraisals with any recommended adjustment to the assessments brought back before Council for approval. • Using the appraisal limitations, an additional $50,000 would have to be financed by the City from what was originally estimated in the feasibility report for Project 884. A summary of the assessable benefit appraisals, and projected revenue sources given the appraisals and higher than estimated bids received, is attached for the Council's consideration. ATTACHMENTS: • Bid Summary, page. _ • Assessable Benefit Appraisal Summary, pages & s BID SUMMARY Coachman Rd./ Terminal Drive- Street Overlay Improvements+ Borchert Lane - Street &Utility Improvements City Project No's. 894, 898, 884 City Contract No. 04-03 Bid Date: Thursday, February 26, 2004 Bid Time: 10:30 a.m. Contractors Total Base Bid 1. McNamara Contractiniz, Inc $478,892 2. Northwest As halt Inc. $498,106 3. Bituminous Roadwa s Inc $517,505 4. Hardrives Inc $578,439 5. Valle Paving, Inc $624,651 Proiect 894 - Coachman Land Co., eta] - Base Bid Low Base Bid $198,072 Feasibility Report Estimate $208,000 Percent Under Estimate -4.8% Engineer's Estimate $224,560 Percent Under Estimate -11.8% Project 898 - Terminal Drive - Base Bid Low Base Bid $146,838 Feasibility Report Estimate $190,240 Percent Under Estimate -22.8% Engineer's Estimate $180,980 Percent Under Estimate -18.9% Proiect 884 - Borchert Lane - Base Bid Low Base Bid $133,983 Feasibility Report Estimate $109,890 Percent Over Estimate +21.9% Engineer's Estimate $130,170 Percent Over Estimate +2.9% G: Council - Current Items/04-03 St. Overlay Bid Recomm. 3-1-04 Agenda.doc D Qo~ 00 ef) 00 to% ti Q o r~+ ~ M DD O tr) ~ O ~ t` v'i v1 vi ~ s 1 H d v3 w W " Qo~ Q O N N N °p N v i ss s4 ~ sus V ~ ~ b oO~ rn rn eJ ~ N N N F.i N O Q 6 rr U W ds 0000 h O O 00 too, too, C a ~ a Z 6g 6q r.+ C.0 7a V 000 0000 W ~ ~ es U h o 0 0 0 a M b ti 64 ~ kn a 00 Cl~ w O M ~O v~ V bN9 60S 1.0s 6M9 b~4 O O ~ O O O O M ~ M M M M F+1 ~ yy .-1 i O 01 CC M V'~ O rt' Lr) LO O M M M ~.7y O N N O O O O O O_ O k H O O O O z o, N O O O O b 14 w Q N ; z z N M O Y O Y Y 0 Y WU f~arq 0 0 a m a _I BORCHERT LANE - City Project No. 884 Projected Revenue Sources Revenue Source - Feasibility Report Project Property City Cost Assessment Contribution Street Improvements $132,980 $106,380 ($26,600) Utility Service $14,780 $14,780 -0- Concrete Entrance Aprons $12,870 $12,870 -0- Totals $160,540 $134,030 ($26,600) The City contribution amount ($26,600) would be the responsibility of funding sources from the City Parks & Recreation Department for Thresher Fields. Revenue Source - Feasibility Report with Appraisal of Benefit Amounts Project Property City Cost Assessment Contribution Street Improvements $ 132,980 $ 56,450 ($76,530) Utility Service $ 14,780 $14,780 -0- Concrete Entrance Aprons $ 12,870 $ 12.870 -0- Totals $160,540 $ 84,100 ($76,530) The City contribution amount ($76,530) would be the responsibility of funding sources from the City Parks & Recreation Department for Thresher Fields. $49,930 Difference in City contribution amount between feasibility report preliminary assessment roll and appraisal of benefit amounts. Revenue Source - with Appraisal of Benefit Amounts & Low Bid Received Feb. 26, 2004 Project Property City Cost Assessment (Appraisal) Contribution Street Improvements $ 156,974 $56,450 ($100,524) Utility Service $ 12,363 $14,780 -0- Concrete Entrance Aprons $ 12,885 $ 12,870 -0- Totals $182,222 $ 84,100 ($100,524) The City contribution amount ($100,524) would be the responsibility of funding sources from the City Parks & Recreation Department for Thresher Fields. Note: All Project Cost Estimates include 30% indirect costs (legal, administration, engineering, and bond interest) Agenda Memo March 1, 2004 M. PROJECT 790R, CENTRAL PARKWAY STREET & UTILITY IMPROVEMENTS FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: To receive the Final Assessment Roll for Project 790R (Central Parkway - Street & Utility Improvements) and schedule a public hearing to be held on March 16, 2004. FACTS: • Project 790R provided for the street and utility improvements for Central Parkway from Pilot Knob Road to Yankee Doodle Road, and Northwood Parkway approximately 400 feet east of Pilot Knob Road. • This project, constructed under Contracts 01-04 and 02-09, has been completed, all costs tabulated, and the final assessment roll prepared. • This roll is being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. 1.. Agenda Information Memo March 2, 2004 Eagan City Council Meeting Consent Agenda X m CHANGE ORDER NUMBER 17, EAGAN COMMUNITY CENTER ACTION TO BE CONSIDERED: To approve change order #17 to the Eagan Community Center in the total amount of $ 11,087.00 FACTS: • Change Order # 17 is being recommended for approval after review by the Architect, Construction Manager and staff. • With this change order, all contracts are complete and previous construction issues resolved, allowing for final project closeout. • Remaining contracts will be processed for payment of retainage shortly. 1) Architectural Revisions PCO 1116 Vanity Supports: This change was voided after the paperwork was 07 - K-G, Inc. $(1,225.00) started. The original amount was $1,225.00 PCO 1191 Door sweeps Multiply $ 0.00 The exterior doors had sweeps added to the inside. This is no cost to the City. PCO 1192 Offset PCO 1165 03 - Kellington $ 7550.00 This was to reverse the deduct for items not in their contract PCO 1193 W-11 A and W-11 B 18 - Gateway $ 222.00 This was to cut down the doorframes. A back charge was ,previously processed. PCO 1194 Replacement Glass 18 - Gateway $ 419.00 This was the glass broken after the City took control of the building. PCO 1195 Added Locker room mirror 18 - Gateway $ 304.00 This was reviously approved by the council COR 1166 Replace damaged ceiling tile throughout building 20- TC Acoustics $ 381.00 COR 1134 Cut down door frames and doors due to curb height 18- Gateway $ 504.00 2) Electrical Revisions PCO 1196 JRotate Chiller-Chiller was rotated 180 for maintenance and piping 36 - Peoples $ 2,932.00 saving resulting an in a increase in electrical ATTACHMENTS: None Agenda Information Memo March 1, 2004, Eagan City Council Meeting X. 0. FINAL PLAT (WOODSTONE TOWNHOMES 2ND ADDITION) ACTIONS TO BE CONSIDERED: To approve a Final Plat (Woodstone Townhomes 2'd Addition) to adjust a property line for Lots 7 and 8, Block 1, Woodstone Townhomes. FACTS: • The proposed house style would not fit on the lot without reconfiguring the lot lines. • The proposed plat reconfigures an existing common lot line between two lots. • The lots were originally platted as Lots 7 and 8 Block 1, Woodstone townhomes in 2001. • Lot 1 will be 3,750 square feet and Lot 2 will be 3,393 square feet. • All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat page S":~D D it ~ Z s a # a h T ~'E' Y 16 c F 4~qi i , ~ry ~ f • ~ S. P ~ ~ I; BC's: ~ ~ ~ lit ; R Y E, It w$ R F u n z g Q E i S 16 pp # ~ ~ : tl= ~ 4f ~ C~ his 8~ ~ e s a s a g c° ~ b 1 1-4 LLJ • Eds.. ! S~~ ' +n ~ ~ 'J~k. oc3 r - I CEO 4 n. _ Am i I A x ( -17 L7 I Y ~3R r it ~ G ~ tir NAY I9 Agenda Memo March 1, 2004 P. CONTRACT 01-12, JULY 2000 STORM MITIGATION IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 01-12 (July 2000 Storm Mitigation Improvements) in the amount of $38,134.03 to Barbarossa & Sons, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 01-12 provides storm water drainage system improvements in a portion of the areas affected by the July 2000 superstorm, including Cedar Grove (Project No. 815 - Cedar Pond/ Diffley Road, Jade Lane, Carnelian Lane/ Mica Trail, Gabbro Trail/ Peridot Path, Peridot Path Park, Pond AP-1), Woodgate Lane (Project 820) and Palisade Circle (Project 826). • The work under Contract 01-12 has been completed, inspected by representatives of the Public Works Department and found to be in compliance with the approved plans and specifications, and is in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Agenda Memo March 1, 2004 CONSENT AGENDA: APPROVE THE RENEWAL OF A CONSUMPTION AND DISPLAY (SET UP) PERMIT APPLICATION FOR GRAND INDIA RESTAURANT ACTION TO BE CONSIDERED: To approve the renewal of a Consumption and Display (Set Up) Permit application for Grand India Restaurant located at 1260 Town Centre Drive. FACTS: • The State Alcohol and Gambling Enforcement Division issues Consumption and Display permits effective April 1 through March 31. The Grand India Restaurant is seeking a renewal of their permit at this time. • The permit allows the permit. holder to sell ice, pop or mix for making drinks, but will not allow the permit holder to sell intoxicating liquor. The request is consistent with Eagan City Code, Chapter 5, Section 5.8 1, entitled Consumption and Display. • City staff and the Police Department have reviewed the application and do not find any reason to deny the permit renewal. s 09 Feasibility Report - - - - - - - - - - - - - - - - - - - - - - - - - - TH 55/Lexington Avenue/ Blue Gentian Road Intersection Improvements 6 Eagan, Minnesota January, 2004 City Project No. 859 e 4150 Olson Memorial Highway, Suite 300, Minneapolis, MN 55422 phone: 763-541-4800 fax: 763-541-1700 ® WSB Project No. 1555-00 & Associates, Inc. l r ~ City of Eagan Report for Trunk Highway 55 and Lexington Avenue / Blue Gentian Road Intersection Improvements City Project No. 859 WSB Project No. 1555-00 Eagan, Minnesota January 2004 TH 55 and Lexington AvenuelBlue Gentian Road Intersection Improvements City Project No. 859 City of Eagan WSB Project No. 1555-00 ,WSB S .Soo,,-Otis. Inc. January 20, 2004 Honorable Mayor and City Council City of Eagan 3$30 Pilot Knob Road Eagan, MN 55122 Re: TH 55 and Lexington Avenue / Blue Gentian Road Intersection Improvements City Project No. 859 WSB Project No. 1555-00 Dear Mayor and City Council: Attached is our feasibility report for the TH 55 and Lexington Avenue I Blue Gentian Road Intersection Improvements, City Project No. 859. The report discusses the proposed improvements and includes a cost opinion, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Sincerely, TVSB d Associates, Inc. Jupe G. Hale, P. E. Project Manager iv',erro~tial Hi~f;:vaV St,ite 3~3. ; - N1itlfPd~U~IS t~lt, n°~.ota 5,5422 - 'E3 r 91;48'J~ 6~ L~ 11 1-"60 F'C'X Minneapolis • St: Cloud Equal Opport:utiRy Enp oy-er I Hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Jupe G. Hale, P.E. Date: January 20, 2004 Lic. No. 42064 Reviewed by: C1- Date: Z - 01'4o, - O 4- Department of ublie VVor i i Reviewed b}tt I Date: 2- -ZZ `0 4- Finance Dep ent TH 55 and Lexington Avenue ! Blue Gentian Road Intersection Improvements City Project No. 859 City of Eagan WSB Project No. 4555-0D 3 TABLE OF CONTENTS Letter of Transmittal Certification Table of Contents Page 1. Executive Summary ........................................................................................................1 2. Introduction 2 2.1 Authorization .......................................................................................................2 2.2 Location ..............................................................................................................2 2.3 Project Overview .................................................................................................2 3. Existing Conditions .........................................................................................................3 3.1 Roadway ..............................................................................................................3 3.2 Drainage/Storm Sewer .........................................................................................3 3.3 Existing Utilities ..................................................................................................4 3.4 Right-Of-Way ......................................................................................................4 3.5 Railroad Crossing ................................................................................................4 4. Proposed Improvements 5 4.1 Roadway Improvements ......................................................................................5 4.2 Drainage Improvements 4.3 Traffic Signals .....................................................................................................6 4.4 Impacts ................................................................................................................6 4.4.1 Utilities ....................................................................................................6 4.4.2 Right-of-Way ...........................................................................................6 4.5 Trails ...................................................................................................................7 4.6 Lighting ...............................................................................................................7 4.7 Railroad Crossing ................................................................................................7 4.8 Permits ................................................................................................................7 5. Financing ........................................................................................................................7 5.1 Cost Estimate .......................................................................................................7 5.2 Assessments ........................................................................................................8 5.3 Revenue Source ...................................................................................................8 6. Project Schedule ..............................................................................................................9 7. Feasibility and Recommendations ...................................................................................9 TH 55 and Lexington Avenue / Blue Gentian Road Intersection Improvements City Project No. 859 City of Eagan WSB Project No. 1555-00 6 4~ LIST OF APPENDICES Appendix A Preliminary Cost Opinion Appendix B Figure 1 - Location Map Figure 2 - Street Improvement Map Figure 3 - Typical Sections Figure 4 - Proposed Improvements TH 55 and Lexington Avenue / Blue Gentian Road Intersection Improvements City Project No. 859 City of Eagan WSB Project No. 1555-00 January 2004 Intersection Improvement Report TH 55 and Lexington Avenue / Blue Gentian Road Eagan, Minnesota 1. Executive Summary The City has retained WSB & Associates, Inc. to prepare a feasibility report on intersection improvements to the TH 55 and Lexington Avenue / Blue Gentian Road intersection. This project is proposed to be constructed in conjunction with improvements to Lexington Avenue from Lone Oak Road to the Canadian Pacific Railroad (CPRR) Crossing, City Project 877. The City has initiated this project in an effort to improve intersection capacity, modify Blue Gentian Road to a full access intersection leg, increase the design speed of Blue Gentian Road to 35 mph, and to address deteriorating pavement. The existing roadway footprint along Lexington Avenue would be widened slightly, and Blue Gentian Road would be realigned at the intersection. On both Lexington Avenue and Blue Gentian Road, the existing pavement to remain would be milled 4 inches and overlayed in two lifts, and the minor widening or realignment would be new bituminous pavement construction. The Lexington Avenue leg would be re-striped to accommodate one southbound through lane, two northbound left turn lanes, and one northbound combined right/through lane. The proposed Blue Gentian Road leg would accommodate one southbound free right turn lane, one southbound through lane, one southbound left turn lane, and one northbound through lane. Northbound and southbound traffic would be separated on the Blue Gentian Road leg by a raised concrete median. Finally, a new, signal is proposed for the TH 55 intersection to accommodate the lane reconfigurations and the Blue Gentian Road realignment. This signal would also be interconnected to the railroad crossing signal. The total project costs are estimated to be $742,100, including $73,500 for Lexington Avenue, $241,800 for Blue Gentian Road, and $437,200 for the traffic signal. Of these costs, $214,250 would be paid by the County, in accordance with their cost sharing policy. $121,000 would be funded using MnDOT Cooperative Agreement Funds. The remaining $418,650 would be funded by the City, and would come from the Grand Oak Business Park AUAR Mitigation and Major Street Funds. The project is scheduled to be constructed in 2004. This project is feasible, necessary and cost-effective from an engineering standpoint and should be constructed as proposed herein. TH 55 and Lexington Avenue / Blue Gentian Road Intersection Improvements City Project No. 859 City of Eagan WSB Project No. 155"0 I 2. Introduction 2.1 Authorization The preparation of this report was authorized by the City Council in order to evaluate the feasibility of proposed improvements to the Trunk Highway 55 (TH 55) intersection with Lexington Avenue and Blue Gentian Road by the City of Eagan, Minnesota Department of Transportation (MnDOT) and Dakota County. The report preparation was authorized by the City Council on September 2, 2003. This project has been designated as City Project No. 859. 2.2 Location This project is located on TH 55 near Interstate 35E in the northern part of the City (see Figure 1). The southern limit is the CPRR crossing, located between Kenneth Street and TH 55. The northern limit is approximately 700 feet northeast of TH 55 on Blue Gentian Road. There are no improvements proposed on TH 55 beyond the limits of the intersection. This project may be constructed with the proposed improvements to Lexington Avenue from Lone Oak Road to the railroad crossing, City Project No. 877. 2.3 Project Overview Dakota County has initiated the proposed improvements to Lexington Avenue as part of their project to improve the existing roadway surface and lane configuration at the intersection with TH 55. The City has initiated the improvements to the intersection to address needs indicated by past traffic studies and in order to provide full access from Blue Gentian Road (currently right-out only). The proposed intersection improvements are in conformance with an Alternative Urban Areawide Review (AUAR) for the Grand Oak Business Park (between Blue Gentian Road and TH 55), prepared in 1998 and updated in 2003. Realignment of Blue Gentian Road is also necessary in order to achieve a 35 mph design speed, so the City may pursue a change to the speed limit of Blue Gentian Road in the future. An illustration of project components is included as Figure 2. On the Lexington Avenue leg (south leg) of the intersection, a 4-inch mill and overlay is proposed. The widening on the east side would require new pavement construction. On the Blue Gentian Road leg (north leg), the realignment will be accomplished by new bituminous construction for the widened or realigned areas, and a 2-inch mill and overlay for crown correction on existing pavement to remain. Because the lane configurations would change on the north and south legs and because existing signal poles would be impacted by the widening, signal system modifications are proposed. The lane configurations would be modified as part of this project (See Figure 4). Two left turn lanes and a combined through/right lane are proposed on the Lexington Avenue approach, along with a single southbound through lane. One left turn lane, one free right turn lane, and one through lane are proposed on the Blue Gentian Road approach, TH 55 and Lexington Avenue ! Blue Gentian Road Intersection Improvements City Project No. 859 City of Eagan WSS Project No. 1555-00 ~ combined with one northbound through lane. No lane modifications are necessary on TH 55 as part of this project. No water main or sanitary sewer improvements are proposed in this area. Because of the reconstruction of a portion of the roadway on Lexington Avenue, a catch basin would need to be adjusted. Because of the realignment of Blue Gentian Road, lateral storm sewer extension and new catch basin construction are proposed in this area. However, no trunk line improvements are anticipated. 3. Existing Conditions 3.1 Roadway The existing Lexington Avenue leg of the intersection roadway is 52 feet wide. A typical section of the existing roadway is shown in Figure 3. Currently, the lane configuration is one northbound left turn lane, one northbound combined left/right/through, and two southbound through lanes, separated by a center stripe. The inside lanes are 12 feet wide, and the outside lanes are 14 feet wide. There is concrete curb and gutter (18 inches wide) from the railroad crossing north, but the final approach to the intersection has no curb and gutter in order to match the design of TH 55. The existing Blue Gentian Road leg is of varying width as it approaches the intersection. Currently, the lane configuration is one northbound through lane and one southbound right-turn lane. A wide bituminous median is present to match the width and lane configuration of Lexington Avenue. A plan view of the existing Blue Gentian Road leg can be seen in Figure 4, underlying the proposed improvements. The existing pavement is in fair to good condition on the Lexington Avenue leg of the intersection. Existing pavement is in good condition on the Blue Gentian Road leg. 3.2 Drainage/Storm Sewer The existing storm sewer system on Lexington Avenue consists of two catch basins near the intersection of TH 55. As the profile of Lexington Avenue runs downhill from the railroad crossing to TH 55, all drainage from the street up to the catch basins is caught and drained via a pipe to the existing MnDOT ditch that drains east along the south side of TH 55 and eventually into the pond near Blue Water Road. Drainage from the south half of the intersection and from the portion of Lexington Avenue without curb and gutter uses the same ditch. An existing culvert connects the ditch from the west side of Lexington Avenue to the east. The Blue Gentian Road leg is a rural section (no curb and gutter) near the intersection. Overland flow from the north and west, along with the west half of Blue Gentian Road, is picked up by flared end culverts and conveyed into an existing trunk storm sewer that runs along the north side of Blue Gentian Road down to Blue Water Road, where it turns south and eventually drains into the pond closer to TH 55. Flow from the north half of TH 55 is collected in a small ditch on the north side of TH 55, which eventually connects TH 55 and Lexington Avenue / Blue Gentian Road Intersection Improvements City Project No. 859 City of Eagan WSB Project No. 1555-00 / 3 to the TH 55 system described above. The portion of Blue Gentian Road that is an urban section (starting approximately 320 feet north of TH 55) is drained via a standard storm sewer to Blue Water Road and the pond. 3.3 Existing Utilities On the Lexington Avenue leg, there is no existing sanitary sewer or water main. The only property in the corridor (southeast corner of TH 55 and Lexington Avenue) is served via facilities along TH 55. There are two buried telephone lines along the east side of Lexington Avenue that cross the railroad tracks and continue up to the TH 55 intersection. Similarly, a buried telephone line and fiber optic line run along the west side of Lexington Avenue across the railroad tracks and up to the intersection. Only the fiber optic on the west side and a telephone line on the east side cross under TH 55. There is overhead electric that crosses the railroad tracks along the east side and continue north to just inside the MnDOT right-of-way. At this point the facilities are transferred to buried facilities that run parallel to TH 55. On the Blue Gentian Road leg, an existing 8-inch water main runs parallel to TH 55. Near Blue Gentian Road, it tees to the north and crosses Blue Gentian Road, where it terminates in a hydrant on the northeast corner of Blue Gentian Road and Blue Gentian Circle. Existing 8-inch sanitary sewer begins approximately 450 feet north of the TH 55 intersection, runs along the centerline of Blue Gentian Road, and drains to the east. There are a small number of buried telephone and fiber optic facilities that cross under TH 55 from the south. These facilities do not continue along Blue Gentian Road; they turn and run parallel to TH 55 or along Blue Gentian Circle. 3.4 Right-Of-Way Lexington Avenue has 100 feet of right-of-way, approximately centered on the roadway centerline. East of the intersection, TH 55 includes 280 feet of MnDOT right-of-way. West of the intersection, MnDOT right-of-way extends from the railroad tracks to well beyond the project limits, and all the way west to Interstate 35E. North of the intersection and beyond MnDOT right-of-way, Blue Gentian Road has 80 feet of right- of-way, centered on the roadway centerline. 3.5 Railroad Crossing The CPRR crossing is the southern limit of the project, and runs southeast-northwest through the project. It crosses Lexington Avenue at grade. At the time of this report, there was no indication from the railroad that this crossing would need to be reconstructed. TH 55 and Lexington Avenue 1 Blue Gentian Road Intersection Improvements City Project No. 859 City of Eagan WSB Project No. 1555-00 4 q 4. Proposed Improvements 4.1 Roadway Improvements Lexington Avenue A 4-inch full-width mill and overlay is proposed for Lexington Avenue. Due to the realignment of Blue Gentian Road, a small amount of widening of Lexington Avenue would be required to the east. New pavement is proposed in this area. Curb and gutter would also be replaced on this side, but would end at the south right-of-way of TH 55. The striping would be reconfigured to allow for two northbound left turn lanes, a combined northbound through/right turn lane, and a single southbound through lane. These proposed lane configurations would correspond to the proposed lane configurations along Lexington Avenue as part of City project No. 877. A proposed typical section is included in Figure 3. Blue Gentian Road The Blue Gentian Road leg is proposed for realignment. Where the new alignment overlaps the existing pavement, the existing pavement would remain. All other areas would require new pavement construction. Existing pavement to remain is proposed to be milled to a 2-inch depth and overlayed to re-establish a crown at the centerline. The pavement removal area would be re-graded to maintain existing drainage patterns. The realigned Blue Gentian Road would be an urban section (except iminediately adjacent to TH 55), and would accommodate a design speed of 35 mph. The new lane configuration would consist of one southbound free right turn lane, one southbound through lane, one southbound left turn lane, and one northbound through lane. A raised concrete median would separate northbound and southbound traffic. Blue Gentian Circle would be reconnected to Blue Gentian Road at its current location. A proposed typical section is shown in Figure 3, and a plan view is shown in Figure 4. TH 55 As part of the preliminary design of this project, the construction of additional left turn lanes along TH 55 was considered. This would require expansion of the TH 55 footprint to accommodate the additional lanes, as well as the widening of both Lexington Avenue and Blue Gentian Road to accommodate additional through lanes for the turning traffic. After discussions with both MnDOT and Dakota County, these improvements were considered not feasible for the following reasons: 1) Current traffic counts, coupled with the 2003 revision to the AUAR did not determine a need for the additional capacity; 2) Dakota County and the City felt that an additional southbound through lane to accommodate turning traffic would require a raised median to be constructed on the Lexington Avenue leg. The subsequent widening would require significant tapering, extending south beyond the railroad crossing. To accomplish this, the railroad crossing would have to be reconstructed at a significant cost; TH 55 and Lexington Avenue / Blue Gentian Road Intersection Improvements City Project No. 859 City of Eagan WSB Project No. 1555-00 5 D I 3) The widening of TH 55 to the west would extend onto the existing bridge over 35E. The tapering would require either reduced shoulder widths on the bridge or bridge reconstruction. These options present both safety and cost issues. 4.2 Drainage Improvements No significant drainage improvements are anticipated. City and County staff report no storm sewer system deficiencies. On Lexington Avenue, a catch basin would need to be reconstructed to acconnnodate the widening to the east, and the connecting laterals would need to be extended or replaced. On the north side, re-grading and additional catch basins with short laterals are proposed, which would maintain the existing drainage system. Figure 4 illustrates the proposed improvements. The existing structures along Blue Gentian Road would remain where feasible, but their castings would need to be modified from catch basin to manhole, and adjusted to the new road grade. 4.3 Traffic Signals A new traffic signal is proposed for the intersection. It would be necessary for two reasons: 1) The existing lane configurations on Lexington Avenue and Blue Gentian Road would change significantly and require new mast arms, and 2) the realignment of Blue Gentian Road and the widening of Lexington Avenue would require relocation of the poles on three of the four corners. Traffic projections indicate that there is a potential for vehicles to back up onto the railroad crossing during peak hours. In order to prevent the dangerous situation of stopped cars on the tracks when a train is approaching, the proposed signal and the crossing signal are proposed to be interconnected. In order to maintain traffic flow at the intersection during construction, it is likely that a temporary signal would be required. As plans are developed, it may become possible to utilize the existing signal during construction. At this time, however, a temporary signal is proposed. 4.4 Impacts 4.4.1 Utilities The impacts to existing utilities would be minor. There are no proposed improvements to City water and sanitary sewer lines, and these are not anticipated to be impacted by the roadway construction, with the exception of manhole or valve box adjustments. The buried utilities would not be impacted, with the exception of potential manhole adjustments. Likewise, the overhead utilities would not be impacted. 4.4.2 Right-of-Way No additional right-of-way is proposed for this project. TH 55 and Lexington Avenue / Blue Gentian Road Intersection Improvements City Project No. 859 City of Eagan WSB Project No. 1555-00 /~6/ 4.5 Trails As this is an industrial area and adjacent to a trunk highway, no trail improvements are proposed. 4.6 Lighting No lighting improvements are proposed. 4.7 Railroad Crossing The existing crossing is rubberized and in good condition. Further, the existing roadway footprint at the crossing is not proposed to be widened nor the grade revised. As discussed above, an interconnection between the new signal at TH 55 and the signal crossing would be included. No other improvements at the crossing are proposed. 4.8 Permits The following permits would need to be obtained for this project: • Minnesota Pollution Control Agency (MPCA): NPDES Permit • CP Railroad: Right-of-way Construction Pen-nit • Dakota County Transportation Department: Right-of-Way Permit • Mn/DOT: Work Within Right-of-Way Permit 5. Financing 5.1 Cost Estimate A detailed Preliminary Cost Opinion for the proposed improvements can be found in Appendix A of this report. This opinion utilizes anticipated 2004 construction costs and includes a 10% contingency and 35% indirect costs. The indirect costs include legal, engineering, administrative and financing items. Below is a summary of the costs for each leg of the intersection, and indicates the amount assigned to City of Eagan, Dakota County (per the County's cost sharing policy), and Mn/DOT (per the Cooperative Agreement Funding Application): Lexington Avenue Mill and Overlay, Dakota County @ 100% ..............................................................$33,500 Reconstruction, Dakota County @ 55% ...................................................................$22,300 Reconstruction, City of Eagan @ 45% .....................................................................$17,700 Total Cost, Lexington Avenue ...............................................................................$73,500 Blue Gentian Road Total Cost, City of Eagan .....................................................................................$241,800 TH 55 and Lexington Avenue ! Blue Gentian Road Intersection Improvements City Project No. 859 City of Eagan WSB Project No. 1555-00 I Traffic Signal City of Eagan (Blue Gentian Road) ........................................................................$158,450 Dakota County (Lexington Avenue) .......................................................................$158,450 MnDOT (TH 55) .....................................................................................................$121,000 Total Cost, Traffic Signal .....................................................................................$437,900 5.2 Assessments Assessments are not proposed to be levied against any of the benefited property adjacent to Lexington Avenue for the City's share of the improvements. 5.3 Revenue Source A summary of revenue sources is listed below: Project Dakota City Mn/DOT Cost County Contribution Lexington Avenue $73,500 $55,800 $17,700 Blue Gentian Road $241,800 $241,800 Traffic Signal $437,900 $158,450 $158,450 $121,000 Total $753,200 $214,250 $417,950 $121,000 Mn/DOT's portion of the funding would come from Cooperative Agreement Funds. The City's portion of the funding would come from the Grand Oak Business Park AUAR Mitigation and Major Street Funds. TH 55 and Lexington Avenue / Blue Gentian Road Intersection Improvements City Project No. 859 City of Eagan WSB Project No. 1555-00 ~ 3 6. Project Schedule Present Feasibility Report to City Council / Order Public Hearing January 20, 2004 Neighborhood Meeting February 23, 2004 Public Hearing March 1, 2004 Draft Plans Completed March 2004 State Aid Approval March 2004 Final Plans and Specifications April 2004 Award Contract May 1G,2004 Project Construction ..............................................................................June - August, 2004 Final Cost Report September 2004 7. Feasibility and Recommendations This project is necessary to provide additional capacity at the TH 55 and Lexington Avenue / Blue Gentian Road intersection. It would also convert Blue Gentian Road to full access at the intersection, and would provide maintenance to existing pavement on Lexington Avenue. This project is cost effective in that the construction costs would be shared by Dakota County and MnDOT. Further, there are no anticipated right-of-way costs associated with this project. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to increase intersection capacity and to extend the life expectancy of streets. It is recommended that this project be constructed as proposed in this report in combination with City Project No. 877 (Lexington Avenue - Lone Oak Road to Canadian Pacific Railroad Crossing Street Improvements). TH 55 and Lexington Avenue / Blue Gentian Road Intersection Improvements City Project No. 859 City of Eagan WSB Project No. 1555-00 I APPENDIX A Preliminary Cost Opinion 8 LL F~u _ R«^ G E : - - 6 6 8= a 8 888 e~ s Q°s Q Z, u ^ c $ g$a °_u D S 4 ~ g W u" E ` - - ^ s sssasss s gg s s ease sass s g s s s :x _~sa.8 _ - $ ass _ ~s 8 es e _ °"s~_ ^ « « v m uE3 88g$$88o8 Bg~S g ~ - ~ 8,S 8 8 0888 $$gS $_8088 8 88808 $8 8 8 S8 .8 8 88 8 €o g _ - ~g a _ gas gig s~ &a g'Su P U C c s~~ $ $ o8s ss8s s _ s s $ gsa 8,885 80 3 9 8 8 8 8$8 8n 8 8 8 888 88 a e O1 " ~u G.0 m N ~ ~ O O _ e u ~j Y u Z U "s ; 8 8 _ x.888 Ion 8 8 $ $88 88.°S $8 Q e• d O a R g 8 S E p a 8 g _ 8 Z J V m ~ ~ d j N ~ =uZ C ~ O U 99 C C m - - _C x sssgg sass s g ss s assn seal oss$ssasn«rvmvs ass sn $8'i8 - - m88 ~8~ °98 888 - H u1 V - m H$ - 0 1;l o 8 _ - 888 - - V - e s s s a - s s s as°s eels s sssss° ssa 88 ~ 988 88~ 888 i - ~~~~JQ~~~w oooW o oY zz W~ V u U U U U V U a °O bb Din ~~hu ~ «u~wuS~uSuSb~b~bbb v_s,f bib bbb~,ly~ b~ U°°U ° J J J J J J J ~ J J J J J J J y~~ J ~ O O SS.~ O V ~p~Y6 c ~ v ~~Q g ~ W f ~f 3 pm zz F QQ32. 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L.emay K f0 Yq 1III Z Lake ° BLUEBILL DR. ° aA 'f'Or qr``P. <Fy Rogers Lake a a ¢ ° boycgL'yF O / p of LAKE DR. mW qy QJ4'( OP w z C " a Cr q 0- PER RON PERRON Yq N CL 94VENV1EW RD. W. RD. E. ENTERPp1SE o r ° r°~ CT. CT• PO `p. MEDALL1014 DR. o W w (,T. C ° p BOURN ° POND > G4.V\EW ° C HAVEN O a 144 CIR. ai [4 x \i RD. 3 MENDOTA HEIGHTS RD. v Z MEND^lA HEIGHTS 0 >N° W o9ti Project Location NET 2~ ~W 31 - o ? v W I/Z NORTHLAND DR. ° ~b N o l owl W > v w 444 RD. J A g~UE GENTIAN T2BN R23W G 1\pN RD. Ff4,T! RO [MINNESOTA ON 43I ° TRAPP AVE. w' 6CUE b qN , [ T27N 0 3] S3. C 8UFFET; WpY CORPORATE EAGAN INDUSTRIAL AD.~ SS PO giF9 VE NORTNWES\ 54.8 P 55.S F r 31 CENTER OPRATCV. CAF. FgCgH 4 Pop KWPH a 56. M W 9 4 ! S7. W w c AVALON AVE. pP ~GJ• QO MINNESOTA IEW = n: AVE. c R ~pV 'y/qC KENNETH ST. OPT y o w s ~ w° 'PO BEATRICE 5T. t49 ~ .OUTHRTDGE AVE. EPM z U~ 35E Mc1cfE = ST. OtiF' IE OP C1' -k CINE RD. o Cy m ~E. ~P KEEFE N T. BOO,' ggTfRS RO' 0 S O Cq q~P NOP ao A o (Y `\a~ W ° ° y Yq 4.POP WEST Y oN ¢ q y w J NE TR. rV.,, LA. RANTER LA. ° U W V 1 26 ° .Z LONE OAK PD. LOWE LONE OAK J RD. LONE o ~ Le MaY s W ~ 4,' [ < 'P lo• ¢ 12711 ¢ O ~P Lake j P J J °r CO(1F R23W a 3 38 Y ° o ° Rt CLUBVIEW U. g 9 10 se CT, SU, a 0 DR APOLLO RD. 14 ¢ RD. TOWER- VIEW RD.~ s n , o a QUA$ u a 4' G jU El11 Gf]11V GEMINI RD. ° GE `P J URDto R'0 1990 POP. 47,409 o yN5 Poi"NIP % e r rJ GPO ~P L~ " ° 43 'F a ~ Ir 3 u o PP l HIGH SITE DR. DR. ALDRIN DR. NOR MW000 >a o OQ U MARICE "*WY. 44. FOREST RIDGE TR, m ~DVIEW W. P F T27N R23W ~Dv(EW E. v < PROMENADE pL ~D v 10 II ° NORWEST CT. 1514 m i 50. IRONWOOD LA. aNOR R• W Ov ERY RD' °T 51. REw00D / N 01 o c 52. SPRUCE T. PT, o YANKEE Uo DOODLE RD. • WES COTT B.e a ° 17. EAGAN OAI . -,ND" 81st z ST. CENTER DR. ¢ SOUARE 4 a G W o ~q Pq 3 AND RD. 48. EAGAN 00 0R' N~~ H'N DR.' Py GOLFVIV- WESCOTT IR. n WA CENTER 69, WOLFBERRI 1 5'f 1GNZ DR, o ' 35.K1NCSW00D PONDS OVERLOOK TRAIL CT. - 65. THORWOOD T4MaRAC O'Leary 36. MERGANSER C7, c 'R > Q WAY Q WILD ROSE PTo Lake 37. KIT T[WAKE CIR. vi CT. " N ROTAL NORWAY PT. JAY W, o OAK CIR $ DUCK WO y ° DUCKwODD J < WOODL41VD? / , O VIOLET LA. °w a < O pP w 51. 37. SR• Cr. < o W ° 52. z -CKW000 DR. ° BEITY lA. m ¢o Y ° T4 N4NCE R $ W~' ST. FRANC1f m S u CRESTRIDGE LA. CI, N = E CT rG yUMMJNG BIRD LA. ; o CREST ~lfy 35E n~ a FLIC KER a~,ROn D T q` JAY y WAY ~~1eCT 0 1000 it 2000 it Feasibility Report Figure Number 1 r TH 55 AND LEXINGTON AVENUEIBLUE GENTIAN ROAD City Project No. 859 - City of Eagan, Minnesota Location Map b\01555-DD\F-o \859 I^tersedi-\flg-OJ. dg^ 35E 55 I 77\ ~ GEC Realignment N~~PN c ~ G g~vE TRAPP AVE. -J 0 4p Mill & Overlay G~ ATE EAGAN INDUSTRIAL RD. <b v [MINNESOTA 'A aTE <<, CFA Fqc 43 ~o RJ q~ CU ~ AVE. _ o ~pP o~ST New Traffic Signal ~ CAP 'QI ENNETH ST. a w S'O BEATRICE ~L-r:)J ST. 0 A z McKEE ST. ~ CQ CD ~<c KEEFE ST. ` R~~ ao ~PVP~O~ • WEST SE ~G ~~ti L w z O City Project No. 877 -J RD. / 1L I Lone Oak Road L j iz d a~ LLJ w P a J J 0 0 CLUBVIEW DR. APOLLO I a Lemay J Lake N ~ GEMINI RD. R 43 z 0 50D +f 1000 4t Feasibility Report Figure Number 2 TH 55 AND LEXINGTON AVENUE/BLUE GENTIAN ROAD Street Improvements Map City Project No. 859 - City of Eagan, Minnesota l;\01555-D0\Fe..\659 htersection\tig-02.dgn F0 II EXISTING TYPICAL SECTION/LEXINGTON AVENUE SOUTHBOUND NORTHBOUND 26' 26' ' !2' Blfumlrwus 14 12' 12' 14 Thru Lone Thru Lone Left Turn Lefl/Right/Thru Lane Lone Exlsting Subgrade (No Aggregate Base foundl PROPOSED TYPICAL SECTION/LEXINGTON AVENUE SOUTHBOUND NORTHBOUND 30' 37' 30' ll' 12' 14' Thru Lone Left Left Thru/Right Turn Lone Turn Lone Lone OVERLAY WIDENING ~ 15' AIV4 Wear 25' W-3 Non-Wear I V2' M114 Wear B'Exlsling Bituminous to /2' AAIJ Non-Wear Existing Suograde 6'Class 5 (No Aggregate Base found) Aggregate Base PROPOSED TYPICAL SECTION/BLUE GENTIAN ROAD SOUTHBOUND q NORTHBOUND 40' 27' 14' 12' 14' 7' 14' Free Right Thru Lane Left Turn Thru Lone srouloU Turn Lane Lone WIDENING 2' MV4 Wear OVERLAY 6'W3 Non-Wear 2'W4 Wear 10' Class 5 6'Ex1sIIng 81tuMnaus Aggregate Bose 10 £xlst/ng Aggregate Base 12' Select Granulor SuDgrode rf~~\ Feasibility Report Figure Number 3 TH 55 AND LEXINGTON AVENUE/BLUE GENTIAN ROAD City Project No. 859 - City of Eagan, Minnesota Typical Sections t:\01555-DD\reos\859 Intersection\ fig-03.dgn fx~s ~ opaRCBa~d~ ~~i R R -a'" Gcad'd Otan to G nf~an 1ue e R fx~srn'C B 1 P y I $00 R (3 so. /o e x)gsea h'J of o j v to 41 q r, r r 6 , nkH;9h Ne ~a 'Nx•<ai~ rFRSe~T off . SO.R e~r~ F a'~ a o a ,os~ b~ r~1e~t* S9G DNp ~ o T O ota NR~go 5o ,Po Arap0s0 a/F~94~e N4~be e r4 nipo`el)~ ifs OPEN HOUSE LEXINGTON AVENUE UPGRADE PROJECTS 859 & 877 MONDAY, FEBRUARY 23, 2004 5:00 - 7:00 p.m. A. Attendance Public Works Director Tom Colbert City Engineer Russ Matthys Design Engineer Tom Anton, Dakota County Highway Department Transportation Engineer/Project Manager Jupe Hale, WSB & Associates See attached sign-in sheet for property representatives B. Comment Cards: I would like to voice a strong concern as to the proposal for reconstruction of Lexington Avenue from 4 lanes to 3. I do not believe, based on the current traffic patterns, that format would adequately and safely fulfill the needs of the traffic patterns. With the large amount of industrial traffic (semis) from the local businesses as well as potential increases with the St. Paul mail facility pending, this does not seem feasible and practical. Northern Power Products 2859 Lexington Avenue South Project appears short-sighted. Three lanes will be inadequate in a few short years. This will be particularly true if 1600 new jobs come to Eagan with post office expansion. We are not interested in going through one reconstruction now and another one in 5 to 10 years- Northern Power Products 2859 Lexington Avenue South See no need for reconstruct or three-lane. Trail should be on west side - takes up less front yard. 1073 McKee Street Remove or relocate berm in front of residential home - difficult sight lines exiting driveway. EZ Air Park 2804 Lexington Avenue South Please e-mail me updates and info on contact person and city liaison on-site. 2830 Lexington Avenue South G:RM/041MISCIMinutes/Lex Ave Upgrade 859-877 OPEN HOUSE LEXINGTON AVENUE UPGRADE PROJECTS 859 & 877 MONDAY, FEBRUARY 23, 2004 - 5:00 - 7:00 P.M. NAME ADDRESS I 2. 3. 31,11 L 5. t . fix, a l orb cr7 I~ 'r ~J l0 , -7 . 143? 1A A Vl C 1( le- l r 4 ~ e f 8.~-~2c a~ S Kam" . l~ ~:Y~_ / ? S f . 10. !v' L4A 11 ~Z' C~~ c S 12. C~., Lr„ ~ ~ ~ l ~ L /✓,t~ti,~Le'la~r -~Jt-t'' lli~4 13. -7 g 14. d~` l(l V 16 CL 1641 15. ~-717 % fi ~f /l) 2 C eps=- yS~- 16. Coon PW6 L'SEi'y I L 1 --r,- 17.~r,r~C ~uCl,.'~i) Z~ Avg 19./ cK ti~Jt,~y`'~t~ C-~ c. v~ mot=? GTORMS/SIGN-IN.Sheet ~r L/ i r 22 Agenda Information Memo March 1, 2004 B. PROJECT 877, LEXINGTON AVE - TH 55 TO LONE OAK RD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: 1) Approve Project 877 (Lexington Avenue, Trunk Highway 55 to Lone Oak Road - Street, Utility & Trail Improvements) and authorize the preparation of detailed final plans and specifications for a contract that may be let within 2 years after said approval, and the acquisition of right-of-way and easements through quick-take Eminent Domain, if necessary; OR 2) Deny the project. REQUIRED VOTE FOR APPROVAL: 4/5 of all members of the City Council, as special assessments proposed to finance a portion of this project. FACTS: • Lexington Avenue (County Rd. 63) is a B minor arterial running north-south through the eastern portion of Eagan. The northern 1 mile section is over 35 years old with the middle portion in a severely deteriorated condition that does not meet current County standard. It has been programmed for reconstruction and resurfacing in the County's Capital Improvement Program for 2004. The County is also proposing to restripe this roadway from its current 4 lane to a 3 lane design (similar to the southern portion of Lexington Ave., Wescott Rd, Silver Bell Rd., Town Center Dr., Duckwood Dr. and the eastern segment of Diffley Rd.) • In accordance with County policy, the City is obligated to participate in 45% of the cost of any reconstruction and all new trail installation. The City's policy for financing this obligation is to levy a special assessment against the adjacent properties benefiting from these upgrade improvements. • On September 2, 2003, the City Council authorized the preparation of a feasibility report to summarize the scope, schedule, cost and financing of this improvement. • County staff has agreed to combine Project 859 (TH 55/Lexington Ave/Blue Gentian Rd - Intersection Reconfiguration) and 877 under one contract with the City acting as the lead agency upon the City Council's approval of both projects. Dakota County will design Project 877. • On January 20, 2004, the feasibility report for Project 877 was presented to the City Council and a Public Hearing was scheduled for March 1 to formally present and discuss the report with the City Council and adjacent property owners. • An informational open house meeting was hosted by County and City staff on February 23, from 5:00 to 7:00 p.m. in the Eagan Room at City Hall. Of the 173 notices mailed out to representatives of the 35 Commercial parcels and 17 Residential parcels proposed to be assessed, as well as additional property owners within the adjacent area, 22 persons 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. 9~5 • The City and County's consultant engineer will present the details of this project and representatives of Dakota County will be available to address any questions regarding the design and City staff will be available to address any questions regarding the assessment financing aspect of this improvement. ATTACHMENTS: • Feasibility Report, pages through. • Informational Neighborhood Meeting Minutes, pages 'through • Letters, pages through Feasibility Report - - - - - - - - - - - - - - - - - - - - - - - - - - exin on Avenue Street Improvements Eagan, Minnesota January, 2004 City Project No. 877 o WSB 4150 Olson Memorial Highway, Suite 300, Minneapolis, MN 55422 phone: 763-5414800 fax: 763-541-1700 iProject 1 1555-00 & Associates, Inc. `l r vl~- > City of Eagan Report for Lexington Avenue - Lone Oak Road to Canadian Pacific Railroad Crossing Street Improvements City Project No. 877 WSB Project No. 1555-00 Eagan, Minnesota February 2004 Lexington Avenue Street Improvements City Project No. 877 City of Eagan WSB Project No. 1555-00 I WSB & 4ssociutes, January 20, 2004 Honorable Mayor and City Council City of Ewan 3830 Pilot Knob Road Eagan, MN 55127 Re: Lexington Avenue - Lone Oak Road to Canadian Pacific Railroad Crossing Street Improvements City Project No. 877 WSB Project No. 1555-00 Dear Mayor and City Council: Attached is our feasibility report for the Lexington Avenue - Lone Oak Road to Canadian Pacific Railroad Crossing Street Improvements, City I"roject No. 877. The report discusses the proposed improvements and includes a cost opinion, preliminary assessment roll and schedule. We would be pleased to meet with. the City Council at your convemencce to review and discuss the contents of this report. Sincerely, JYSB S Associates, Inc. Jupe C. (-Tale. P. E. Project Manager 415`} O~;on rvpi! i'l E'dT0~t5 hl !nn En"O I ~`,2 r,41.17(7 FAX ( t it (.l 9 a it 1,. f . I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. <---::o Jupe G. Hale, P.E. Date: January 20, 2004 Lic. No. 42064 Reviewed by: /0 L.- Date: - ZF -O~ Department of Public Works Reviewed by: Date: Finance Depart ient Lexington Avenue Street Improvements City Project No. 877 City of Eagan WS6 Project No. 1555-Do 9~ TABLE OF CONTENTS Letter of Transmittal Certification Table of Contents Page 1. Executive Summary 1 2. Introduction 2 2.1 Authorization 2 2.2 Location 2 2.3 Project Overview 2 3. Existing Conditions 3 3.1 Roadway 3 3.2 Drainage/Storm Sewer 3 3.3 Existing Utilities 3 3.4 Right-Of-Way 4 3.5 Trails 4 3.6 Railroad Crossing 4 4. Proposed Improvements 4 4.1 Roadway Improvements 4 4.2 Drainage Improvements 5 4.3 Impacts 5 4.3.1 Utilities ........................................................................................................5 4.3.2 Right-of-Way 6 4.4 Trails 6 4.5 Lighting ...................................................................................................................6 4.6 Railroad Crossing 6 4.7 Permits 6 5. Financing .............................................................................................................................7 5.1 Cost Estimate 7 5.2 Assessments 7 5.2.1 Residential Assessments 7 5.2.2 Commercial Assessments 8 5.3 Assessment Financing Options 8 5.4 Revenue Source 8 6. Project Schedule 9 7. Feasibility and Recommendations 10 Lexington Avenue Street Improvements City Project No. 877 City of Eagan WSB Project No. 1555-00 91 LIST OF APPENDICES Appendix A Preliminary Cost Opinion Appendix B Preliminary Assessment Roll Appendix C Figure 1 - Location Map Figure 2 - Street Improvement Map Figure 3 - Typical Sections Figure 4 - Assessment Area Map Lexington Avenue Street Improvements City Project No. 877 City of Eagan WSB Project No. 1555-00 a January 2004 Street Improvement Report Lexington Avenue - Lone Oak Road to Canadian Pacific Railroad Crossing Eagan, Minnesota 1. Executive Summary The City has retained WSB & Associates, Inc. to prepare a feasibility report on street improvements to Lexington Avenue from Lone Oak Road to the railroad crossing south of TH 55. This project is proposed to be constructed in conjunction with improvements to the TH 55 and Lexington Avenue/Blue Gentian Road intersection, City Project 859. Dakota County has initiated this project in an effort to improve safety along Lexington Avenue and to address the deteriorating pavement. The existing roadway footprint is not proposed to be changed. However, some portions of the road are proposed to be milled 4 inches and overlayed in two 2-inch lifts, while a large portion is proposed to be reconstructed. The entire roadway is proposed to be re-striped from 2 through lanes in each direction to one through lane in each direction, a center tam lane, and 8-foot outside shoulders. This would allow for safer turns at the numerous driveways along the project and for less stopping in the through lanes by taming vehicles. A 10-foot bituminous trail is proposed on the east side, extending from the termination of the existing trail up to the end of the residential area at Kenneth Street. The City is also proposing to reconstruct a small segment of sanitary sewer line, which will in turn require replacement of three existing catch basins. The proposed improvement costs are estimated to be $126,800 for the mill and overlay portion of the project, $855,300 for the reconstruction portion, and $23,400 for utility improvements. Of these costs, $722,600 would be funded from public agencies, in accordance with State Aid requirements and Dakota County cost sharing policy. The remaining $282,900 is proposed to be assessed to the abutting property owners in accordance with the City policy. The project is scheduled to be constructed in 2004. This project is feasible, necessary and cost-effective from an engineering standpoint and should be constructed as proposed herein. Lexington Avenue Street Improvements City Project No. 877 City of Eagan WSB Project No. 1555-00 113 2. Introduction 2.1 Authorization The preparation of this report was authorized by the City Council in order to evaluate the feasibility of proposed improvements to Lexington Avenue by Dakota County and the City of Eagan. The report preparation was authorized by the City Council on September 2, 2003. This project has been designated as City Project No. 877. 2.2 Location This project is located on Lexington Avenue in the northern part of the City (see Figure 1). The southern limit is the Lone Oak Road intersection, and the northern limit is the Canadian Pacific Railroad (CPRR) crossing, located between Kenneth Street and Trunk Highway 55 (TH 55). This project is concurrent with the proposed improvements to the intersection of TH 55 and Lexington Avenue/Blue Gentian Road, City Project No. 859. 2.3 Project Overview Dakota County has initiated these proposed improvements to Lexington Avenue. The purpose of the project is to improve the existing roadway surface and to replace some existing substandard curb and gutter. The general location of project components are illustrated in Figure 2. At the south and north ends of the project, a mill and overlay rehabilitation is proposed. In these areas, the subgrade and general pavement condition is adequate. Between these two points, full pavement reconstruction is proposed, as the extremely poor condition of the existing pavement will not provide an adequate foundation for any new pavement and may indicate a poor subgrade condition. There is also a portion of the existing roadway that has bituminous curb. This is proposed to be replaced by concrete curb and gutter. Dakota County is also proposing to modify the lane configurations throughout the length of the project. One through lane in each direction would be eliminated and replaced by a center dual left turn lane and shoulders. Because there is a significant number of driveways along the roadway, the left turns can be separated from the through traffic, which would improve safety. Further, there are a number of residential driveways immediately north of Lone Oak Road that are no longer in use, and are likely targeted for redevelopment. As part of this project, these driveways would be combined at a single location, which would also improve the safety of the roadway. The existing footprint of the roadway would not be widened as part of these improvements. A trail is proposed on the east side of the roadway, connecting to the existing trail at the south end and extending north to the southernmost driveway of the industrial property at 2750 South Lexington Avenue. No trail is proposed on the west side. Should any of the existing trail be damaged or need to be removed during construction, it will be replaced in kind. No water main improvements are proposed in this area. 295 feet of 9-inch vitrified clay pipe (VCP) sanitary sewer is proposed to be replaced with 8-inch Polyvinyl Chloride (PVC) based on video logs showing root infiltration and broken pipe. Because of the reconstruction of a portion Lexington Avenue Street Improvements City Project No. 677 City of Eagan WSS Project No. 1555-00 of the roadway and the curb and gutter, the catch basins and manholes would need to be adjusted. Additionally, three catch basins south of Keefe Avenue are anticipated to be replaced due to impacts from sanitary sewer construction. However, since no widening of the roadway is proposed, no lateral or trunk storm sewer improvements are anticipated. 3. Existing Conditions 3.1 Roadway The existing roadway is 52 feet wide, face of curb-to-face of curb, except where it is widened at the Lone Oak Road intersection. A typical section of the existing roadway is shown in Figure 3. Currently, the lane configuration is two northbound and two southbound through lanes, separated by a center stripe. The inside lanes are 12 feet wide, and the outside lanes are 14 feet wide. There is concrete curb and gutter (18 inches wide) along a portion of the roadway. Bituminous curb still exists along both sides of the road between Keefe Street and Kenneth Street. At the intersection of Lone Oak Road, Lexington Avenue is 72-feet wide. The typical section is shown in Figure 3. The lane configuration consists of two 14-foot northbound through lanes, a 4-foot median, a 14-foot southbound left turn lane, a 12-foot southbound through lane, and a 14- foot combined right/through lane. The existing pavement is in fair condition in the first 575 feet north of Lone Oak Road, as it was reconstructed as part of County Project 26-19, the upgrade if the Lone Oak Road/Lexington Avenue intersection in 1994. Beyond that point, the pavement is significantly rutted and cracked, and has been subject to ongoing maintenance. Just north of Kenneth Street, the pavement condition improves to fair, and is considered fair to good up to the CPRR crossing. This area was reconstructed as part of the construction of Interstate 35E during the early 1980s. 3.2 Drainage/Storm Sewer The existing storm sewer system consists mainly of intermittent catch basins and short laterals that drain into the regional pond (Pond DP-12) located between Eagandale Industrial Park No. 10 (Gresser Site) and Lone Oak Road. There is a short 18-inch trunk line along the east side of Lexington Avenue that drains north and then across Lexington to the pond. At this time, City and County staff report no existing ponding areas or line capacity issues. 3.3 Existing Utilities Existing sanitary sewer runs approximately 9 feet behind the curb on the east side of Lexington Avenue, and is 9-inch VCP. It runs intermittently on this alignment from Lone Oak Road up to the end of the residential area, across from 2804 South Lexington Avenue. Generally, it collects at manholes and drains to the east. Video investigation of this line indicated significant root infiltration in a 295-foot portion of this line south of Keefe Street. Existing water is a 16-inch DIP line, located 37 feet west of center line. It runs from Lone Oak Road to 2804 South Lexington Avenue. Lexington Avenue Street Improvements City Project No. 877 City of Eagan WSB Project No. 1555-00 3 There are a number of private telecommunications facilities in the corridor. There are buried telephone lines, running approximately 15 feet behind the curb on the east side, and 20 feet behind the curb on the west side. There are electric and fiber optic facilities located overhead in the corridor as well. The poles are located on the west side of Lexington Avenue from Lone Oak Road to approximately the north property line of 2804 South Lexington Avenue, at which point the lines cross over Lexington Avenue and connect to poles along the east side. The poles continue north along the east side of Lexington Avenue across the railroad crossing. 3.4 Right-Of-Way Along the west side of Lexington Avenue, the existing right-of-way (R!W) is 33 feet wide along the residences near Lone Oak Road. Along the Eagandale Industrial Park No. 10 and the Northern Power Products Addition, the R/W has been platted at a 60-foot width. The single residence north between these two industrial sites has R/W of 33-feet, as do the residences north of the Northern Power Products Addition. This 33-foot R/W continues up to the section line (approximately where Lexington Avenue begins to curve to the east). At the section line, a curved R/W line at 50 feet has been established that approximately follows the Lexington Avenue center line up to the CPRR crossing. Along the east side of Lexington Avenue, the existing R/W is 50 feet wide from Lone Oak Road to the residence at 2810 South. At this point, the R/W begins to curve to the east, but is dissimilar to the curve on the center line of Lexington Avenue. Therefore, the R/W constantly varies between this point and the CPRR crossing. 3.5 Trails The existing trails are limited along the corridor. There is an existing 8-foot trail along the east side of Lexington Avenue, starting at Lone Oak Road and continuing to the northernmost driveway of the former post office site (2970 South Lexington Avenue). No other trail exists on the east side. On the west side, a 10-foot trail exists in front of the Eagandale Industrial Park No. 10, but nowhere else along the west side. 3.6 Railroad Crossing The CPRR is the northern limit of the project, and runs southeast-northwest through the project. It crosses Lexington Avenue at grade. The existing crossing consists of a rubber mat with the standard train-activated railroad crossing gates and signals. At the time of this report, there was no indication from the railroad that this crossing would need to be reconstructed. 4. Proposed Improvements 4.1 Roadway Improvements A 2-inch mill and overlay is proposed for the area immediately north of the intersection of Lone Oak Road. The mill and overlay would extend north to the north property line of Eagandale Center Industrial Park, 2970 South Lexington Avenue. The curb and gutter would be replaced as Lexington Avenue Street Improvements City Project No. 877 City of Eagan WSB Project No. 1555-00 ?06 needed where it is significantly cracked or spalled. No other modifications are proposed to the existing curb and gutter or median. The lane configuration at the intersection would be striped as it exists today in order to line up with the lane configuration south of Lone Oak Road. The only proposed striping change would be the revised tapering necessary to transition to the proposed lane configuration on the rest of the roadway. North of this mill and overlay area, total pavement reconstruction is proposed. Total reconstruction would extend to just north of Kenneth Street, at approximately the north property line of 2816 South Lexington Avenue. In the area of reconstruction, new concrete curb and gutter is proposed to replace the existing bituminous curb. Lane configuration would be one through lane in each direction (12 feet wide), a center turn lane (12 feet wide), and 8-foot shoulders. The proposed typical section is shown in Figure 3. At the north end of the project, a 2-inch mill and overlay is proposed. Proposed striping would be the same as proposed for the total reconstruct section. Any striping or pavement tapers necessary for intersection capacity improvements (City Project No. 859) are anticipated to take place north of the railroad crossing. The improvements for City Project No. 877 would terminate at the existing railroad crossing. No improvements to the crossing are anticipated at this time. City Project No. 859 is proposed north of the railroad crossing, and would include improvements to the intersection with TH 55 and would include Blue Gentian Road north of TH 55. 4.2 Drainage Improvements No significant drainage improvements are anticipated. Currently, City and County staff report no known ponding locations or storm sewer system deficiencies. And, as the existing roadway footprint is not proposed to widen, nor would the impervious area increase, this project would not create any system issues. Therefore, only adjustments to castings anticipated as part of the overlay or reconstruction efforts. 4.3 Impacts 4.3.1 Utilities The impacts to existing utilities will be minor. There are no proposed improvements to City water lines, and these are not anticipated to be impacted by the roadway construction, with the exception of valve box adjustments. A 295-foot section of existing sanitary sewer would be replaced with 8-inch PVC where significant root infiltration was discovered (295 feet total). Beyond this replacement, only manhole adjustments are anticipated on the sanitary sewer. Replacement of this portion sanitary sewer would impact three existing catch basins, requiring them to be replaced. The buried private utilities would not be impacted, with the exception of potential manhole adjustments. Likewise, the overhead utilities would not be impacted except at the point where they cross over Lexington Avenue. The extension of the proposed bituminous trail may require relocation of the existing pole on the east side near 2804 South Lexington Avenue. Lexington Avenue Street Improvements City Project No. 877 City of Eagan WSB Project No. 1555-00 / 4.3.2 Right-of-Way No additional permanent right-of-way or easement is proposed to be acquired due to the lack of need for this project. Deficiencies and irregularities, as described in Section 3.4, will be anticipated and addressed as requirements for future development. At various locations throughout the corridor on both sides, temporary construction easements would be required These would be necessary for driveway reconstruction and grading. None of the proposed temporary easements exceed 15 feet in width, and most are 5 feet. 4.4 Trails Along the west side, no trail improvements are proposed. Currently, there is an existing trail in front of Eagandale Industrial Park No. 10. This trail is in the area of pavement reconstruction, and is anticipated to not be impacted by construction. However, should this trail be damaged or need to be adjusted, it would be replaced in kind. Along the east side, the existing trail near Lone Oak Road is proposed to be extended north to the north property line of 2804 South Lexington Avenue. North of this point is an industrial area, with no trail connections in the near vicinity. 4.5 Lighting No lighting improvements are proposed. There are some existing lights that would need to be relocated as part of the roadway construction. 4.6 Railroad Crossing The existing crossing is rubberized and in good condition. Further, the existing roadway footprint is not proposed to be widened. Any coordination of the crossing signal and the TH 55 traffic signal will be completed as part of City Project No. 859. Therefore, no improvements to the railroad crossing will be required as part of this project. 4.7 Permits The following permits would need to be obtained for this project: • Minnesota Pollution Control Agency (MPCA): NPDES Permit • Canadian Pacific Railroad: Right-of-way Construction Permit • Dakota County Transportation Department: Right-of-Way Permit Lexington Avenue Street Improvements City Project No. 877 City of Eagan WSS Project No. 1555-00 6L I 5. Financing 5.1 Cost Estimate A detailed Preliminary Cost Opinion for the proposed improvements can be found in Appendix A of this report. This opinion utilizes anticipated 2004 construction costs and includes a 10% contingency and 35% indirect costs. The indirect costs include legal, engineering, administrative and financing items. Below is a summary of the costs for each type of improvement (Mill and Overlay, Reconstruct, Utilities): Mill and Overlay .........................................................................................$126,800 Reconstruction ............................................................................................$855,300 Utilities .........................................................................................................$23,400 Total Project Cost ..................................................................................$1,005,500 5.2 Assessments Per the cost-sharing policy with Dakota County, the City is not responsible for the cost of mill and overlay projects, and no assessments will be levied in these sections. Assessments are proposed to be levied against the benefited properties for the City's share of the reconstruction improvements, in accordance with the City's Assessment policy. All assessments will be revised based on final costs. There are a total of 3,731 frontage feet in the reconstruction area: 1,725 feet are adjacent to residential properties; 1,752 feet are adjacent to commercial/industrial properties; the remaining 254 feet are adjacent to publicly-held property, and would therefore be financed from the City contribution. 5.2.1 Residential Assessments There are seventeen residential parcels in the reconstruction portion, which total 1,725 frontage feet. These properties are shown in Figure 4. The total frontage length of the reconstruct section is 3,731 feet; therefore, residential properties compose 1725/3731, or 46.23% of the reconstruction improvements. Per City policy, only 75% of the associated costs are assessable, reducing the overall percentage to 75% of 46.23%, or 34.68%. Residential assessments are further adjusted for the assumed typical reconstruction pavement section and width. The City's typical residential street reconstruction is 32-feet wide, and consists of V bituminous wear course on 2" bituminous non-wear course (with a tack coat in between), on 6" of aggregate base. The proposed reconstruction will be a 52-foot wide road, and will be 1.5" bituminous wear course on 5" bituminous non-wear course (2 tack coats required) on 9" aggregate base. Therefore, the portions of these items assessable to residential properties have been adjusted accordingly, as shown below: 2211.503, Aggregate Base: Assessable Depth = 6", Proposed Depth = 9" Proposed Quantity = 3422 TONS 34.68% x 6/9 x 32/52 x 3422 = 487 TONS Lexington Avenue Street Improvements City Project No. B77 City of Eagan WSB Project No. 1555-DO 7 2350.501, Type MV3 Wearing Course: Assessable Depth= 1", Proposed Depth= 1.5" Proposed Quantity = 1330 TONS 34.68% x 32/52 x 111.5 x 1330 = 189 TONS 2350.501, Type MV2 Non-wearing Course: Assessable Depth = 2", Proposed Depth = 2.5" Proposed Quantity = 3005 TONS 34.68% x 32/52 x 2/2.5 x 3005 = 513 TONS 2357.502, Bituminous Material for Tack Coat: Assessable Coats = 1, Proposed Coats = 2 Proposed Quantity = 760 GALLONS 34.68% x 32/52 x 1/2 x 760 = 81 GALLONS All other associated items for the reconstruction have been assessed at 34.68% of the proposed quantity. Assessment calculations are included as Appendix B-1. The total amount assessable to residential properties is $219,495.76, or $127.24 per frontage foot. The City's 2004 Fee Schedule limits residential assessments to $68.20 per frontage foot. Therefore, the proposed assessment rate for residential properties for this project is $68.20 per frontage foot. A preliminary assessment roll is included in Appendix B-2. 5.2.2 Commercial Assessments There are five (5) commercial/industrial parcels in the reconstruction portion, which total 1,752 frontage feet. These properties are shown in Figure 4. The total frontage length of the reconstruct section is 3,731 feet; therefore, residential properties compose 1752/3731, or 46.96% of the reconstruction improvements. Per City policy, 100% of the associated costs are assessable. Assessment calculations are included as Appendix B-1. The total amount assessable to commercial/industrial properties is $401,728.06, or $229.30 per frontage foot. The City's 2004 Fee Schedule limits commercial/industrial assessments to $139.85 per frontage foot. Therefore, the proposed assessment rate for residential properties for this project is $139.85 per frontage foot. A preliminary assessment roll is included in Appendix B. 5.3 Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over ten years with the interest rate determined by the results of the bond sale used to finance the improvements. 5.4 Revenue Source This project would be funded using assessments to adjacent properties, Dakota County cost participation, and City funds. Assessments are per City policy and 2004 Fee Schedules, as discussed above. Dakota County funding is per its cost-sharing policy, which can be summarized as 100% for mill and overlay work, and 55% of reconstruction Lexington Avenue Street Improvements City Project No. 877 City of Eagan WSS Project No. 1555-00 8 l work. The calculation of the County's share of the reconstruction has been included in Appendix B-1. The City's costs would be paid from the General Street Fund for the reconstruction work, and out of the Sewer Fund for the utility work. A summary of revenue sources is listed below: Project Cost Property Public Assessment Agencies Mill and Overlay $126,800 $126,800 Reconstruction $855,300 $282,900 $572,400 Utilities $23,400 $23,400 Total $1,005,500 $282,900 $722,600 6. Project Schedule Present Feasibility Report to City Council / Order Public Hearing January 20, 2004 Neighborhood Meeting February 23, 2004 Public Hearing March 1, 2004 Draft Plans Completed March 2004 State Aid Approval March 2004 Final Plans and Specifications April 2004 Award Contract May Ia 2004 Project Construction ..............................................................................June - August, 2004 Final Cost Report September 2004 Final Assessment Hearing Fall 2004 First Payment Due with Property Tax Statement May 15, 2005 Lexington Avenue Street Improvements City Project No. 877 City of Eagan WSB Project No. 1555-00 9 4/ 7. Feasibility and Recommendations This project is necessary to prevent further deterioration of the pavement section and to replace a pavement section in poor condition, which will in turn reduce public maintenance costs and improve the safety and ride-ability of the roadway. It is necessary to replace substandard curb and gutter and to provide a trail for residences along Lexington Avenue. This project is cost effective in that the construction costs will be shared by Dakota County, and the County will prepare construction plans for the proposed improvements. Further, the County will undertake the acquisition process as well. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of streets. It is recommended that this project be constructed as proposed in this report in combination with City Project No. 859 (TH 55/Lexington Avenue/Blue Gentian Road Intersection Improvements). 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L eMay ~J ! \ 0 I o Lake ° BLUEBILL DR, 7,EO1*/T m ~ 0 4 Y 31 F9s !Fy Rogers Lake < ¢ o ~Oyf CyF O >a qi- LAKE DR. Jm Coq, RJR"! Op v s a o. Cf n Q. PER RON PERRON ly N o t a RD. W. RD. E. EN7ERP m L HAVENVIEW ~F Y P E T. o RISE 90 N `p. MEDALLION DR. w ° w W E CT. _ TEN a A 00 a ° POND >HA VEN Orj 43 144 CIR. ¢ C4 A MENDOTA HEIGHTS RD. o Z MENDOTA HEIGHTS ° RD. u m = O i3~-P~O ¢ > o9? J MONEI O S O (1 P C 2 NORTHLAND DR. ° gyp = O Cr * 0 25x1 u v x ~1vRC 494 77 ~RD. a ~ I • I g`Uf- GENTIAN 1233343¢ GF-NZNO PLO. Ft+ ~ [MG4PffSOTA O qI7 o TRAPP AVE. J ~•w' gLUE qN , . T27N oo 3 BUFFETz WAY CORPORATE EAGAN INDUSTRIAL RD. 55 ~0 9~9 PN4. ¢ NORTyWESt 553. C 4.11 ¢ w ji pRPORdTE Cfi foC4 t+PENGG o P4RKWPR ; 55.5 w w CENTER GV • P W ry Iq. 4 ~p ° a 556. m T. W o AVALON AVE. O 2°P OGS.T P° rMMN60)A to IEW u ¢ AVE. J w 9 ~QOp '91,01 ENNETH ST. 2f^ > Op -W s i ~Q w BEATRICE w T. Project Location 49 .OUTHRIDGE AVE. EpN ? Vs~ McKEE ST. p'Ig• IE D,p LINE RD. m OP~E. y~Q- KEEFE v, S7. 7o P ")"ERS "FL"' S y CY `,a N ¢ a o Z ~l9 F.PGp~'K. WEST p Hp K LA. o Z¢ 9c ~i G w a: NE TROP RANTER LA• f o u it w u o 26 LONE OAK RD. " ONE iD• o m L May's W )d ,4,• • a Q. o COUF < / Q T27N ¢ o °z OQ" Lake aJ J V. R23W ° a o° q 3 ~V~EW CLUBVIEW TDR. APOLLO RD. RD. TOWER- RD.-' ° u a r~ o w a ° GUAPp m u a N, G ?u EAGAN GEMINI RD. ° GE `P J URDY 1990 POP. 47,409 aS OypN~P P _ ¢ r` pP HIGH SITE z i ; P \\1VV/~/ DR. DR o A ALDRIN DR. row 00 a 2 O• 2 v Y jl MARICE PKWY. DVIEW W. 49.FOREST RIDGE TR. a P p T27N R23W :DV JEW E. ¢ v a PROMENADE PL b~ D Z011 .'Wp0 NORWEST CT. z N = e 50. IRONWOOD LA, a NO~~ W VERY RD• 51. REDWOOD PT. NO o = 52.SPRUCE PT. o c 0 . o YANKEE u DOODLE RD. • ~ WE~TC = CENT ER OR. SOUARE 411.0 pNDER 1115t 5T. 47, EAGAN OAh DR. ACErvTER DR9 WEST TR. 1'ND qg, EAGAN OAh OTAIL CT. N 64. WOLFBERRI yE]GNT DA. O r 35.KINGSWOOD PONDS OVERLOOK . y 65. THORN000 5. x•39• ¢o vi 74M4 RqC O'Leary 36. MERGANSER CT. c m h < WAY a WILD ROSE PT. CGS z Lake 37. KITTIWAKE CIR. 1 o C T. N ROYAL NORWAY P70 OAK CIR. w o DUCKgppp c 911 DUCK'WODp JAY y9< s mW00DC4Npa /A\ ~ VIOLET LA. °w a a o9 w ,°n 51; TR' F CT 36. a 37 o w J ° 52. z T DUCK WOOD DR. ° BETTY LA. a ¢ p r ° TANANCE R °o W~- ST. FRANG IJ. m S ~,L W u N CRESTRIDGE L4. ~uB~OE T, G ~JAY1~ BIRD LA. ; oN CRE fF 35E FL 1C KER RON C g BOO Q- Sr z p ¢q Y NE A10 K 9 WAY t 0 '1000 ft 2000 ft Feasibility Report Figure Number 1 >7' Lexington Avenue - Lone Oak Road to CP RR Crossing City Project No. 877 - City of Eagan, Minnesota Location Map l:\01555-00\Feos\577 flex Ave)\f9-01.dgn 35E 55 qoq . , GEN G~N~~PN GIR' TRAPP AVE. \ co G~ City Project No. 859 ATE EAGAN INDUSTRIAL RD. v / [NANN6DTA 'Q C' F 'Ap C 4 Mill & Overlay 43 C AVE.°Q~' a O~ PvP TQIq~ KENNETH ST. w 'Qp BEATRICE ST. o z Reconstruct McKEE ST. Replace Bituminous, Curb & Gutter CQ m ~~c KEEFE c~n ST. ` SOP WFS, tip' + Y ~PQ) T SE RJ ) CD q G ~ _ U w Trail z AC z i/~ O / Mill & Overlay J RD. 1LlL I Lone Oak Road l w P a J CL < 0 o Q~ CLUBVIEW DR. ° Q APOLLO 1 ~b~ Off= -Lemay J `Lakze co N ~ GEMINI RD. 4 3 RO ¢1~F, O ~ ( tom.\\~~• Y.. 0 5DD ft 1000 ft Figure Number 2 Feasibility Report Lexington Avenue - Lone Oak Road to CP RR Crossing City Project No. 877 - City of Eagan, Minnesota Street Improvements Map t;,01555-00\Feos\877 (Lez Ave)\5g-02.tlgn //az EXISTING TYPICAL SECTION 26' 26' 14' 12' 12, 14' Lone Lone Lone Lone 8618 CURB 8618 (BIT CURB IN CURB SOME LOCATIONS) EXISTING SECTION AT LONE OAK INTERSECTION 36' ~ 36' 14' l2' 14' 4 14' 14' RIgM/Thru Lone SB Left Lone Lone Lone Turn Lone 8618 B618 CURB CURB PROPOSED TYPICAL SECTION 26' 26' 8' 12' 12, l2 8' 10' l0' Shld Lone Turn Lone Lone Shld Blvd Troll B61B 8618 CURB CURB Pavement Sections ' MV3 wear 1 %2" Mv3 Weor 2' MV2 Non-Wear 2 %2' MV2 NorrWeor Existing Pavement 2 12' LV2 Ivor Existing g $ 9' Class 5 Aggregate Bose o Aggregate Bose ZMV3 Weor 2' Gronulor SubCUt !1-9, 6' pass s Aggregate Base Overlay Reconstruct Trait Section Feasibility Report Figure Number 3 ' Lexington Avenue -Lone Oak Road to CP RR Crossing City Project No. 877 - City of Eagan, Minnesota Typical Sections t:\01555-00\Fe0S\877 (Le. Axe)\69-03.dgn /I.3 ~h ~ j 1 " , z1y ~Gwl ~ t~ , 2~y0 1G~0 ~ i Z~Sy GI\l 'C ~O QCIO f, ~~$~b ~ ~ ~ y9yp ~es\der ~\I\tA 1 i ` Gom ~ , I . j - OS lGlq ~ 950 lG1\l GI ~ ,Lg3 29~ ~G / ° b o vte aQ 985 s es z \S\°9 Qie"~`~acl ~ aatiO~QeS°~a F e~\t\9~° ect~1°. UM o¢ 4 e~ 0 .O Sys OPEN HOUSE LEXINGTON AVENUE UPGRADE PROJECTS 859 & 877 MONDAY, FEBRUARY 23, 2004 5:00 - 7:00 p.m. A. Attendance Public Works Director Tom Colbert City Engineer Russ Matthys Design Engineer Tom Anton, Dakota County Highway Department Transportation Engineer/Project Manager Jupe Hale, WSB & Associates See attached sign-in sheet for property representatives B. Comment Cards: I would like to voice a strong concern as to the proposal for reconstruction of Lexington Avenue from 4 lanes to 3. I do not believe, based on the current traffic patterns, that format would adequately and safely fulfill the needs of the traffic patterns. With the large amount of industrial traffic (semis) from the local businesses as well as potential increases with the St. Paul mail facility pending, this does not seem feasible and practical. Northern Power Products 2859 Lexington Avenue South Project appears short-sighted. Three lanes will be inadequate in a few short years. This will be particularly true if 1600 new jobs come to Eagan with post office expansion. We are not interested in going through one reconstruction now and another one in 5 to 10 years. Northern Power Products 2859 Lexington Avenue South See no need for reconstruct or three-lane. Trail should be on west side - takes up less front yard. 1073 McKee Street Remove or relocate berm in front of residential home - difficult sight lines exiting driveway. EZ Air Park 2804 Lexington Avenue South Please e-mail me updates and info on contact person and city liaison on-site. 2830 Lexington Avenue South GAW04/MISC/Minutes/Lex Ave Upgrade 859-877 OPEN HOUSE LEXINGTON AVENUE UPGRADE PROJECTS 859 & 877 MONDAY, FEBRUARY 23, 2004 - 5:00 - 7:00 P.M. NAME ADDRESS 2069 )-JC)A, -,fi,) J~e /0 ~-7 1; v, cc le 7. l~/7 lyC- f vier ~1. 1 C7 / E _ X.G . T 10. CIA i•e,~. S 1 12. 13. g, 14. V 164t 15. X117 4 J ` ivy ~1 ~ ~ /l> 2 1s.~ E 1000 f>LJJ,5 k~.l . 17. ~r,r, L r i i) C (~'~i) -~C L r Av~ 19.x/ 20. 41><}/i (T tCn0 R 23 7 ~C X V - Sr GTORMS/SIGN-IN.Sheet L/ t , 651+675+5360 02/23/2004 14:36 EAGON MAINTENCE 4 CITY HALL DNSTR NO.551 1?01 FROM I FAX NO. Sep. 26 2003 04:41AM P1 LBX PROPERTIES 2905 LC7GingtoA Ave. S. Eagan, MN 55121 t. Russ Matthys, P y'. City Bnginccr 2-233-04 rty ot Eagan 83D Hot Krob Road aSan, MN $5121 e: Propo*d Pmj acts AS4 & 877 i3cm Sir, RBA the above pmj ecks, plem be aw= that I consider your proposal, as %own, to be wasteful, lacking in common sense and just tardy misgaidad. This sWswh ~f I a=stoa Ave (Co. Rd 43) has always bean four (4) lades. Lexiagwn Ave = is at ~res=t every busy sbveL Why v#vWd anyone even tllM oftuming this r+oadwey info a *o I= sazet, one earls way, with a cano x turning 1Bae? Wouldn't d%W m=a that arts ~uadwsy could b"o one bWf the t mffia it rusw carries? VA VI And a mil? For whoa ~md foc whW This is at preen= mostly an industrial/commercial erne. As tivac gas on it ?vili most Likely be entirely = industrial/cwt, at area. TherwAdcn4al bow" wo be (;our is no rime at all as the laud values dictate that this will. take place Roos. Yaw pwpowd also fails to address the right um lane in southbound Leai"Wa k ve onto Loan Oak hoed as well as a new opwr;ng info Lax Ptnpeat es as this property 6s bees a rmIS tenasrt property for three gears ,now, This now dnvc%V is to be aligned ~Vflh KOC& Stt+eet. Both Ile right tum lane and ft driveway i no Lex Propordes have 11M= talfcod aMm with the City of Eagan as well ad Dakota County. It anly makes sense bath t%m items be amourpdisW at tbs same time = wm* is PoKa med an AM*Woa Ave. As fur IOW's nodded ea Lexutgwa Avonve in this MV& is far COrtMM eUSb & Daher to be installed at ft present b4 die op curb locations, mair the *rme in neod of r pair to o)cist zblacktops, plus s mM and overlay oato the extsring flew lane hiaektbp. Nothing mom no6lag less. Regarding the intmoetion at Highway 55 & laxio~A,~sr,_ifnternory avves me r~glsf, T believe it was W. Too Colbct% T58L,8in PubUt Works Mcdor. who wr ded (he present abcAian as it exists at this loaetim tfhe's resp tWbte, he should fix it, but net at try expense. Please h° aged, the rt«'igbbors 11vc spoken to so fat, feel as I do, the this ircrPQSW ab "wn in your tlrawirg is =aoceptable. Unless the four lanes presently ~9> 9 arm preserved, we will take wbgzvw nation is n ► to bah this vary bars idea taking place. iracerc[y. hex Properties l c Gress. Partner & Taxpayer I 1112- 401~cft of eagan February 26, 2004 PAT GEAGAN M. C. Gresser Mayor Lex Properties 2905 Lexington Avenue South Eagan, MN 55121 PEGGY CARLSON CYNDEE FIELDS Re: Projects 859 & 877, Lexington Avenue Upgrade, Highway 55 to Lone Oak Road - MIKE MAGUIRE Street & Intersection Upgrade w/ Trail MEG TILLEY Dear Mr. Gresser: Council Members I am writing in response to your letter dated February 23, 2004, regarding the proposed upgrade of Lexington Avenue (County Road 43), from Highway 55 (TH 55) to Lone Oak Road, from its THOMAS HEDGES current 4-lane design to a 3-lane design with shoulders and an off-street trail. The intersection of City Administrator Blue Gentian Road/Lexington Avenue and TH 55 would also be modified to allow full access to TH 55 from Blue Gentian Road. It is apparent from your letter that you have concerns with the proposed improvements to Lexington Avenue. It's unfortunate that you were not able to attend the meeting on Monday Municipal Center. evening, February 23, 2004, and have the opportunity to discuss these concerns with the Dakota 3830 Pilot Knob Road County staff that was present. Since Lexington Avenue is a County highway and under the authority of the Dakota County Transportation Department, I would encourage you to discuss Eagan, MN 55122-1897 these concerns with the County's Design Engineer Tom Anton at 952-891-7100. Phone: 651.675.5000 Fax: 651.675.5012 As a point of information, the existing blacktop island on the north side of the intersection of Highway 55 and Lexington Avenue/Blue Gentian Road was placed there at the direction of the TDD: 651.454.8535 Minnesota Department of Transportation (MnDOT). It was a direction that City staff argued against at the time of the construction of the re-aligned Blue Gentian Road. City staff, at the direction of the City Council, have requested that MnDOT approve the removal of this Maintenance Facility obstruction with the upgrade of the traffic signals at this intersection for the past three years. This 3501 Coachman Point past month, MnDOT finally consented to the normalization of this intersection. Eagan, MN 55122 Thank you for your interest in the potential upgrade of Lexington Avenue. The County staff will Phone: 651.675.5300 be able to best address your questions. Fax: 651.675.5360 Sincerely, C: Mayor and City Council TDD: 651.454.8535 c/o Thomas Hedges, City Administrator L, - Thomas Colbert, Public Works Director Russ Matthys, P.E. Tom Anton, Dakota County Transportation wwwciryofeagan.com City Engineer Jupe Hale, Consultant (WSB) G:RM104/l.etters/Pmj 859 & 877 PH Response-Gresser 2 THE LONE OAK TREE The symbol of strength and growth in our community I Agenda Information Memo March 1, 2004, Eagan City Council Meeting VI. OLD BUSINESS A. PRELIMINARY SUBDIVISION (LEXINGTON RIDGE) - RAY MILLER ACTIONS TO BE CONSIDERED: To approve (OR direct findings for denial) a Rezoning of 6.9 acres located at 4225 Lexington Way from R-1, Single family residential to PD, Planned Development. To approve (OR direct findings for denial) a Preliminary Subdivision (Lexington Ridge) to create 17 lots and 16 townhome units for property located at 4225 Lexington Way, in the 1/4 of Section 27; subject to the conditions listed in the Advisory Planning Commission minutes. To approve (OR direct findings for denial) a Preliminary Planned Development for 17 lots and 16 townhome units for property located at 4225 Lexington Way, in the northeast'/4 of Section 27; subject to the conditions listed in the Advisory Planning Commission minutes. • Items in bold represent new information REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • At the February 3, 2004 City Council meeting the applicant agreed to continue this item to the March 1, 2004, in order to work with staff to provide pros and cons of access from Diffley Road and access through the park. • The subject site contains an existing single family home and several out buildings. The single family home has access through the Lexington/Diffley Park by easement. • The site is zoned R-1 single family residential and Guided Low Density Residential (0-4 units/acre). • The proposed density is 2.7 units/acre, which is consistent with the Comprehensive Land Use Plan. Due to the topography, vegetation, and costs associated to upgrading Diffley Road, the applicant is proposing cluster townhomes on part of the site through a Planned Development zoning. • Access is proposed via Diffley Road. • In 2003, the City received two applications for R-1, single family development of this property, the first application was directed for findings of denial (but withdrawn) based on access through the park, and the second application was withdrawn by the applicant due to costs associated to improvements to Diffley Road. • The Advisory Park and Recreation Commission reviewed the current application on January 15, 2004 and recommended approval. //y Agenda Information Memo March 1, 2004, Eagan City Council Meeting Old Business Item A • The Advisory Planning Commission held a public hearing on January 27, 2004 and recommended approval. • At the Advisory Planning Commission meeting, Tony Caponi and several Friends of Eagan Core Greenway group stated they are not in favor of this development and would like to see it become park property. • The Advisory Planning Commission requested that information be provided to the City Council regarding fire emergency vehicle response time (a memo regarding fire response time and issues is attached) • The Advisory Planning Commission requested examples of properties within Eagan that have similar slopes to this proposal. Nicols Pointe and Rocky Lane are examples of private streets that have similar slopes to this proposal. Murphy Parkway is a public road that has an even greater slope than Lexington Ridge, but Murphy Parkway is publicly maintained. • Eagan Fire and Police have indicated that they would prefer access to this site through the Lexington/Diffley Park site. There is a concern with the access onto Diffley as proposed. Police has concerns with u-turns and other illegal traffic movements with the right in-right out access. A memo from Community Development Director Hohenstein summarizing the history of the access issue and concerns is attached. • As a part of the review of the access issues, the matter of a useable pedestrian access between the propose development and Diffley Road was further discussed and analyzed. Staff has concluded that regardless of the vehicle access that may be approved, a trailway should be constructed between the east end of the development and the existing trailway on terminus on the southeast side of the Diffley Road-Lexington Way intersection. This trail should be installed at the developer's expense. It will also be necessary to include the trail in the City's winter trail Maintenance Program to insure all season accessibility to the intersection. ISSUES: DIFFLEY ROAD ACCESS ISSUES • Traffic Operations - The proposed development access on Diffley Road is acceptable to Dakota County and meets the City design minimums for a private road. Issues associated with traffic volume and speed can be addressed with a right turn lane and maintenance of the existing median with restrictions on left turns and u-turns. If direct access to the site is to be on Diffley Road, the location noted is the most practical and feasible. Even so, access in this location with restricted turning movements is not optimal and opportunities to further mitigate the limitations on this access are restricted by right of way width, topography and other considerations. Sao Agenda Information Memo March 1, 2004, Eagan City Council Meeting Old Business Item A LEXINGTON WAY/PARK ENTRANCE ACCESS ISSUES • Maintenance - A public street through the park will require all operational and structural maintenance to be performed by the City to its standards. While the future maintenance of the reconstructed street would be a City responsibility, the City's Special Assessment Policy provides for special assessments to properties with private street access onto public streets. Also, any similar future City maintenance of the existing 24-foot wide service drive will need to be provided, without the option of other properties' special assessments. • Park Patron Parking - Allowing parking along the proposed public street would work against the flow of traffic given how park patrons such as softball players and families often "off-load" equipment while parked in the street. To reduce this type of conflicts in similar areas, City streets have been posted for no- parking on the side of the street opposite the park, with parking only allowed directly adjacent to the park. In addition, park patrons might enter the development's private drive and park within the subdivision if this is the next available space. The private street within the development would be private property and, as such, could be posted for no-parking by the development's association. • Traffic Circulation - Traffic volumes at peak periods entering the park have caused some back up. This may be frustrating for residents of the subdivision. • Park Ordinance Enforcement - The park boundaries for ordinance enforcements are harder to define. City parks close at 11:00 p.m. This may conflict with the legal right to utilize and park on City streets at most times, even after 11:00 p.m. • Precedence - A new precedent will be set. Other property owners or developers within the City may look to access their properties for development through a City park. If the City chooses to permit this access, it should be prepared to address other such requests on a case by case basis and differentiate between those that may be justified by special circumstances and those that may not. The installation of a Transportation Trail system through a park requiring all season accessibility (winter maintenance) would also set a precedent. • Water Ouality - Reconstructing the street to City standards will increase the impervious surface (cul-de-sac, added width) within the park by about 0.5 acres. The water quality pond within the park that would accept drainage from this additional surface should be reviewed for capacity. This additional impervious surface would be offset by the elimination of the need for the new right turn lane and private street. Agenda Information Memo March 1, 2004, Eagan City Council Meeting Old Business Item A COMPARISON OF THE ACCESS ALTERNATIVES • If a development of the Lexington Ridge property is to be considered, it will be necessary for the City to reach a conclusion regarding the merits of the potential alternatives. The City has a long standing policy that private development should take its street access from a public street and not through public parks. In this case an acceptable, but not optimal, access is available to the proposed development from Diffley Road. Given that the opportunities to further mitigate the operational limitations of this access are restricted, should the City consider an alternative access to the property through a public park in this case, understanding that such access raises different and competing issues? If the Lexington Ridge property is to be developed, which access best serves the interests of the public, the park users and the residents of the prospective neighborhood? GENERAL ISSUES • In addition to the issues that would differentiate between the two potential access points, the development and policy issues related to the proposed development in general remain to be addressed at this time. These issues are outlined in the original staff report. For the most part, these issues do not vary with the access route that may be preferred, although certain issues, such as slope disturbance, tree removal and turn around location would differ depending upon the access location. • If the Council action is to approve the proposed development as presented, it should take action on each of the items outlined under the action to be considered. If the Council action is to deny the applications, direction should be given in each case for findings of fact and the reasons for denial. • If the Council chooses to direct a modified development plan to be prepared that would take the access issues above into account, it is important that the 120 day deadline be considered in processing any proposed changes. Whether such a development plan may be considered on the basis of the public hearing and Commission recommendations that have already occurred or requires a separate hearing and review process will depend upon the extent of the modifications that may be directed. Dependent upon the Council conclusions in this regard, staff will assist in defining the motions necessary to implement the Council direction. /ate Agenda Information Memo March 1, 2004, Eagan City Council Meeting Old Business Item A 120 Day Agency Action Deadline: • April 15, 2004 • A waiver has been signed for the Preliminary Planned Development and the Rezoning. ATTACHMENTS ('n: • Advisory Planning Commission Minutes pages • Planning Staff Report pages - 1,56 • Memo from Community Development Director Hohenstein pages • Letter from Tony Caponi pages • Memo from the Fire Marshal on page • Planned Development Ordinance pages ~ U-6 • Staff analysis of access alternatives on ages 0 0-3 • Access alternative sketch on pages • Advisory Parks and Recreation Commission Minutes excerpt on pages lo?3 APC MINUTES JANUARY 27, 2004 C. REZONING PRELIMINARY SUBDIVISION & PRELIMINARY PLANNED DEVELOPMENT - MILLERVILLE, INC. A Rezoning from R-1, Single Family Residential to PD, Planned Development, a Preliminary Subdivision (Lexington Ridge) to create 17 lots and a Preliminary Planned Development to allow 16 townhomes on property located at 4225 Lexington Way South in the NE % of Section 27. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated January 20, 2004. She noted the background and history. Ray Miller explained that at the APrC meeting there was discussion with concerns about the vicinity of this property in conjunction with the surrounding park properties. He stated concern of noise and visibility of the park from the townhome development. He stated the townhome development was moved to the furthest corner of the site to separate the park and the townhome development. Chair Heyl opened the public hearing. Jack Conrad, 782 Sunset Drive stated concern with the loss of green space. He is part of the The Friends of Eagan Core Greenway. John Word, 1634 Murphy Parkway displayed and discussed a map of the related parks. Mr. and Mrs. Tony Caponi, 1215 Diffley Road, presented a letter dated January 27, 2004 regarding: Reasons to deny the Lexington Ridge multi-family development application submitted by Millerville, Inc. They displayed a map of the area and discussed the areas highlighted in the letter. They are opposed to the subject site developing. Laura Hegland, Wilderness Run Road stated the land is one of the most beautiful areas because of what Mr. Caponi has done. Mr. Conrad discussed funding that was raised for another local park and stated the same could be done for this park. Member Steininger questioned whether or not there was funding available right now to purchase the subject property. Mr. Conrad stated there aren't funds readily available, but we are working on it. There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Advisory Planning Commission. Assistant City Engineer John Gorder addressed the site drainage and ponding on the property. He also discussed roadway safety and police department concerns. He discussed the medians and safety concerns in regards to location of the median. Mr. Miller stated berming and fencing would not prevent the noise going either direction. He stated a separation barrier has been considered, along with the development being moved further to the east. He stated lighting has not been discussed, however he is open to discussing less intrusive lighting. He suggested that the fire department dispatch from another close fire station to avoid the difficult turn /a 3 3 APC MINUTES JANUARY 27, 2004 around. He stated he attempted to contact Mr. Caponi regarding the contract with his son. He explained that he told them that he would back away if someone wanted to purchase the property for park property. Assistant City Engineer Gorder explained that three fire stations would be called for this location, if needed. With the three stations being called, two of the three would have to make a u- turn to access the property. He stated a minute to a minute and a half would have to be added to the response time to make the u-turn. He stated the access road through the park is not plowed during the winter, so access through the park would not be an option during all four seasons at this time. Member Bendt asked if there is adequate space for a turn around within the site. Assistant City Engineer Gorder stated there is adequate room for a turn around within the site. Member Bendt inquired about the type of median that is proposed for Diffley Road. Assistant City Engineer Gorder stated the median would be six feet wide. He also explained that in order to lengthen the median, the road would have to be widened. City Planner Ridley explained that access through the park is prohibited by current City policy. He discussed turning options from west bound Diffley Road into the site. Chair Heyl stated difficulty with left hand turns on Eagan roads, without added complications. She stated the noise and light would not be coming from the townhomes as much as it would be from the park. She stated the proposal is the best thus far. If Dakota County or private citizens would like to purchase the property, the developer has said that he would back away from his plan if he were reimbursed for his costs. Member Steininger stated the residents could buy the property if they choose, but they can not expect the developer to wait forever. Member Hansen stated the points made against the proposal are valid. He stated opposition to the proposal due to unanswered questions and safety issues. Member Leeder explained that improvements had been made to the proposal; however he still has safety concerns. Member Bendt stated the proposal is good, however he would ultimately like to see the property remain green and undeveloped. Member Steininger moved, Member Heyl seconded a motion to recommend approval of a Rezoning from R-1, Single Family Residential to PD, Planned Development for property located at 4225 Lexington Way in the northeast % of Section 27. A vote was taken. Aye: Chair Heyl, Members Bendt, Steininger, and Leeder. Nay: Hansen. Motion carried 4-1. 4 APC MINUTES JANUARY 27, 2004 Member Steininger moved, Member Heyl seconded a motion to recommend approval of a Preliminary Subdivision to create 17 lots and 16 townhome units for property located at 4225 Lexington Way in the northeast % of Section 27, subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, 2, 3, 4, C1, 2, 3, D1, E1 2. The property shall be platted. 3. The Development shall be responsible for a cash park dedication. 4. The Development shall satisfy a portion of the landscape requirement by creating and/or enhancing a vegetative buffer along the east, south and west property lines. 5. The Development shall be allowed to construct a trail and, associated landscape berms, extending from the development to an existing internal park trail. The alignment, location and specifications to be approved by the City. No trail dedication credit shall be given for said trail or landscaping. 6. The Development shall be responsible for a cash trails dedication. 7. The existing access easement through the City park shall be terminated and the gravel portion of the existing driveway access restored to a turf condition and a curb section installed by the Developer. The Developer shall execute such documents as may be required by the City Attorney to terminate the easement. 8. To ensure survival of preserved trees, #191, 198, 201, 202, 203, 220, 233, 234, 257, 262, 285, and 1009, a long-term tree survival plan shall be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. Also staff is recommending that the applicant communicate with city forestry staff in the actual placement of tree protection fence around these large preserved oaks. 9. 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 on-site and off-site (i.e. park trees). 10. To require that the applicant contact the City Forestry Division and set up a preconstruction 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. 11. The commission may want to recommend or get some kind of assurance that the developer is accountable for stormwater that may not infiltrate sufficiently (now or in the future) to avoid or minimize impacts to City park trees. 12. A cash dedication in lieu of on-site water quality ponding should be required for the remaining 1.3 acres of this development. 13. The developer shall be responsible for construction of a storm water pond within the development boundaries to accommodate the development's storm water runoff quality and rate control. 14. The developer shall be responsible for restoring the sanitary sewer and water main disturbance area within Lexington/Diffley Park to equal or better than its current condition. / 5 RRUNVU15S 2004 15, The developer shall meet all conditions set forth by the Plat Commission regarding access to Diffley Road (Dakota County Road 30). 16. This development shall dedicate 75 feet of one-half public right-of-way from the existing centerline of Diffley Road. 17. The developer shall be responsible for obtaining a Dakota County permit to construct the proposed street access within Diffley Road right-of-way. 18. The Developer shall be responsible for preparing a homeowners association for the development and shall also convey Lot 17 to the Association. The association and deed shall be approved by the City Attorney. Chair Heyl stated the response times would be beneficial to look at. A vote was taken. Aye: Chair Heyl, Members Bendt, Steininger, and Leeder. Nay: Hansen. Motion carried 4-1. Member Steininger moved, Member Heyl seconded a motion to recommend approval of a Preliminary Planned Development for 17 lots and 16 townhome units for property located at 4225 Lexington Way in the northeast % of Section 27, subject to the following conditions: 1. The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: • Final Site Plan • Final Building Elevations Plan • Final Tree Preservation Plan • Final Landscape Plan • Final Lighting Plan • Final Signage Plan A vote was taken. Aye: Chair Heyl, Members Bendt, Steininger, and Leeder. Nay: Hansen. Motion carried 4-1. IV. OTHER BUSINESS City Planner Ridley stated that an APC workshop will take place on Thursday February 12, 2004 unless the Commission is notified otherwise. V. VISITORS TO BE HEARD (FOR ITEMS NOT ON THE AGENDA) /Q6 6 PLANNING REPORT CITY OF EAGAN REPORT DATE: January 20, 2004 CASE: 27-PS-24-12-03 APPLICANT: Ray Miller HEARING DATE: January 27, 2004 PROPERTY OWNER: Remo Caponi APPLICATION DATE: December 17, 2003 REQUEST: Rezoning, Preliminary Subdivision, Preliminary Planned Development PREPARED BY: Sheila Cartney LOCATION: 4225 Lexington Way COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Rezoning from R-1, single family residential to PD, Planned Development, a Preliminary Subdivision (Lexington Ridge) to create 17 lots for 16 townhome units and a Preliminary Planned Development for property located at 4225 Lexington Way in the northeast'/4 of Section 27. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.40, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. Preliminary Subdivision: i Planning Report - Lexington Ridge January 27, 2004 Page 2 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). I 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 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 8 Planning Report - Lexington Ridge January 27, 2004 Page 3 maintain the Water Quality Management Plan and make the same available to the public." Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUND/HISTORY In 1994, an application for rezoning this property from Agriculture to Single Family Residential and an 11 lot subdivision (Vantage Point) was proposed for this parcel. The proposal indicated access to these lots would be through Lexington/Diffley Park. The City Council denied the subdivision largely due to the proposed access through the park. The rezoning was approved from Agriculture to R-1, Single Family Residential. In July 2003, an application for an eight lot subdivision (Lexington Ridge) was proposed for this site. The proposal indicated access to these lots would be through Lexington Diffley Athletic Fields. The City Council denied the subdivision; one major contributor to the denial was the access through the park. The applicant withdrew the application prior to Findings of Fact For Denial were adopted. After withdrawing the subdivision application in July the applicant reapplied for a similar subdivision with access via Diffley Road. After Dakota County Plat Commission review and comments the applicant withdrew this application based on the expense to of county required improvements to Diffley Road, the applicant has a new proposal, with a higher density that responds the cost of upgrading Diffley Road for the new access. Planning Report - Lexington Ridge January 27, 2004 Page 4 EXISTING CONDITIONS There is an existing single family home on the subject site and several out buildings. The existing single family home has access through the Lexington/Diffley Park by easement. The subject property has frontage on Diffley Road, there are many mature trees and vegetation throughout the property, and there is significant topographic changes on the north side of the lot SURROUNDING USES The subject property is surrounded by Park land, property zoned Park and Guided for Park use. EVALUATION OF REQUEST 1. Preliminary Planned Development Proposal - The applicant is proposing to subdivide the property into 17 lots, for 16 townhouse units and common area. Each unit will be individually platted and the remaining land will be managed by a self-governed association, which will oversee the maintenance of the area. The townhomes will be in a 2-plex or a 4-plex configuration. The development as proposed will be a private area with an entrance exclusive to the development. According to the applicant "the development is intended to mimic the experience you would imagine of a Boston urban street." The street will be a combination of bituminous up to the entrance into the development then cement and pavers or colored concrete will be used. Compatibility with Surrounding Area - The subject property is directly surrounded by Park property. Properties to the Northeast have residential and commercial uses. In 1994 this property was rezoned from Agriculture to Single Family residential. At that time single family residential development was deemed compatible with the surrounding area. The Comprehensive Land Use Plan designates this parcel for Low Density Residential, 0-4 units/acre; the proposed subdivision is consistent with this designation. Architecture/Building Design - The zoning ordinance does not have specific architecture requirements for residential development. However, with the request to rezone to Planned Development it is expected that the proposal provide components not noramally required of standard development proposals. The proposed residences will have similar materials but varied enough in its architecture to provide some distinction between the units. The proposed building materials will be a combination of cement fiber-board (Nardi-Plank), stone or stucco, and cedar shingles. The only aluminum or vinyl materials will be used for the windows. The garage doors and entry doors will be custom designed for each unit. The color renderings offer great detail. Planned Development Zoning - The Planned Development zoning district allows the developer to have greater flexibility in the design of the development and the City to require higher 130 Planning Report - Lexington Ridge January 27, 2004 Page 5 standards in exchange for that flexibility. Typically, specific minimum and maximum zoning standards do not apply. However, the R-3 (Residential townhouse) zoning district standards are used as a basis for comparison with this proposal. Bulk Standards - This proposal is reviewed under the R-3 zoning district minimum and maximum standards. Setbacks - As the table below indicates the proposal meets all of the standard setback requirements except for the 20 foot building setback from a private road, the building setback from the rear property line and the side setback for parking. Setback requirements are not established in a Planned Development zoning. Setback Buildin Parkin Ordinance Proposed Ordinance Proposed Front yard: Diffley Road 50 feet 200 feet 20 feet -290 feet Front yard: Private Road 20 feet 10 feet Side yard: 30 feet 36 feet 20 feet 15 feet Rear yard: 30 feet 15 feet 20 feet -35 feet Building Coverage - A maximum of 20 percent of the lot is allowed to be covered with buildings. According to the applicant 39,332 square feet of buildings cover the site, which is about 15 percent. Building Height -Building height is limited to 35 feet in height. The applicant indicates the building height from the street to the highest peak of the roof is 30 feet. The submitted plans do not indicate building height; the applicant is required to submit such plans with final subdivision and final planned development. Landscapin.,g - The submitted Landscape Plan lacks detail and is not acceptable. The applicant's narrative indicates there is an extensive Landscape Plan for this development. The submitted plan indicates the larger species of trees for the site, but not the decorative landscaping that would be suitable for this proposal. Staff suggests the applicant work with staff on a revised plan for Final Planned Development approval. The Landscape Plan indicates some of the existing trees and woodlands to remain, which can be used for screening purposes from Diffley Road. Parkin - The zoning code requires at least one enclosed parking space per unit and at least one outdoor parking space per unit. The site plan indicates two garage stalls per unit and two parking spaces within the unit's driveway. The plan also indicates there are eight visitor parking stalls separate from the driveway parking. The proposed stalls are nine feet by 20 feet the code requires 10 feet by 19 feet. Trash Enclosure - The site plan does not indicate any exposed trash enclosures. The applicant should address this with the Final Planned Development. Typically with townhome developments the unit owners have individual trash cans that are stored inside the garage. r Planning Report - Lexington Ridge January 27, 2004 Page 6 Lighting Plan - A Lighting Plan was not submitted with this application. A detailed Lighting Plan is required with Final Subdivision and Final Planned Development application. Signage - Signage is not proposed at this time. All signage is subject to the City of Eagan Sign Ordinance. II. Preliminary Subdivision Densi - The net site available is 5.93 acres 16 units are proposed with this development resulting in 2.7 acres units/acre. The density is consistent with the Comprehensive Land Use Plan of 0-4 units/acre. Lots - The lots range from 3,460 square feet to 193,864 square feet. Planned Development zoning does not have lot size requirements. R-3, Residential townhouse zoning requires 6,000 square feet of land per unit. Each unit is platted property, Lots 1-16 are less than 6,000 square feet in area; however, the overall site meets this requirement. Grading - The preliminary grading plan is acceptable. The site generally slopes to the northeast corner of the property near Diffley Road, with elevations ranging from 996 to 940. Storm Drainage - The preliminary storm drainage plan is acceptable with modifications. Storm water runoff from the development will drain via public storm sewer to an existing low area to be utilized as a pond for storm water management in the northeast corner of the site. This area will discharge to an existing storm sewer system within Diffley Road. A portion of the proposed pond area lies within City park property and Diffley Road right-of-way. The developer should be responsible for construction of a storm water pond within the development boundaries to accommodate the development's storm water runoff quality and rate control. Wetlands/Water Quality - This proposed 5.9-acre single-family subdivision is located in the City's J-watershed. Stormwater from 1.3 acres of the site is proposed to drain off site. Stormwater from the remaining 4.6 acres is proposed to drain to a low-lying area in the northeast corner of the parcel and then into the City's stormwater system, which eventually connects to City Pond JP-8 in Patrick Egan Park. Pond JP-8 is one of the City's Class III - Scenic Recreation waterbodies, according to the Water Quality Management Plan. The required volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments (i.e., land covered by buildings, parking lots, driveways, and walks). With an impervious proportion of approximately 12 percent, a minimum, wet-pond volume of. 19 acre-feet and a maximum depth of 6 feet would be needed to treat stormwater. An outlet structure acceptable to City standards would need to be installed. However, the developer is not proposing to construct the stormwater treatment pond, but to use an existing low-lying area for stormwater infiltration and temporary storage. Part of this low- 13cZ- Planning Report - Lexington Ridge January 27, 2004 Page 7 lying area also is on City of Eagan park property. The developer modeled the area assuming a vertical wall at the property line to demonstrate that all ponding can be accommodated within the Lexington Ridge project, but this is not likely to occur in reality. The developer believes that constructing a basin to contain the stormwater on-site would have more impact to City park trees than allowing the stormwater to infiltrate and temporarily store in the low-lying area. The developer may need to address any questions the Commission has about the following: The real extent and duration of any temporary storage of stormwater runoff, relative to City park trees, and assurance that the infiltration capacity of the soils in this low-lying area will remain the same over time versus being diminished by gradual siltation. The APrC suggested building a policy into the homeowner's association that states the homeowners are responsible for making sure the ponding system remains operational. There are no jurisdictional wetlands associated with this site. Significantly steep slopes on this parcel raise concerns about erosion control, particularly where land is proposed to be severely disturbed to construct roads, install storm sewer lines, and establish building pads. Utilities - Water main of sufficient size and capacity is available for connection for this development within Lexington/ Diffley Park to the east. Sanitary sewer of sufficient size, depth and capacity is available for connection by this proposed development. The nearest sanitary sewer is approximately 400 feet to the southeast within Lexington/ Diffley Park. Construction of the sanitary sewer extension will require the disturbance of soccer and ball fields within the park. The developer should be responsible for restoring the sanitary sewer and water main disturbance area within the park to equal or better than its current condition. Streets/ Access/ Circulation - The Dakota County Plat Commission has indicated that street access for the development may be allowed to Diffley Road (County Road 30), if a variance to the County access spacing guidelines is requested by the City and the proposed access point onto Diffley Road accommodates right-in/ right-out traffic movements only. Access to the development is proposed via private street with access to Diffley Road in the northeast corner of the property where there is an existing median on Diffley Road that would allow right-in/ right- out traffic movements only. Dakota County will require the construction of a right-turn lane on Diffley Road. The developer should meet all conditions set forth by the Dakota County Plat Commission regarding access to Diffley Road. Previous applications for development of this property have been proposed with access through Lexington/Diffley Park. These applications have been denied based on safety, park hours, does not comply with code because there was no access to a public street, the proposed cul-de-sac was greater than 500 feet, Lexington Diffley Park is not designed to accommodate a street, the property has public street accessibility to Diffley Road, and the property continues to retain viable use as presently zoned. 133 Planning Report - Lexington Ridge January 27, 2004 Page 8 Police Department - The police department has some concerns with the proposed entrance to the development. Comments suggest that the median be extended to prevent people from trying to snake a left turn out of the site against traffic. Police is uncertain as to where the median should be extended to; reactionary time with the u-turns is very limited due to the hill on Diffley Road. Also with extending the median people will be waiting to make a u-turn which is dangerous on a 45 MPH road. Police suggest putting a left turn lane into the development from the west bound lane or not to have the entrance on Diffley at all. Fire Department - The Fire Marshal has reported that the fire department is not in support of the proposed entrance off of Diffley. This site will be serviced by Fire Station 4, located on Dodd and Diffley Road. The proposed access is not adequate because the fire trucks will not be able to make a u-turn around the median to access the site; they would have to make a u-turn down by Blueberry Lane further to the west of the site. It will be difficult for emergency vehicles to make this turn because the on-coming traffic will not see the vehicles until they are over the hill. Also response time is slowed down by the u-turn and avoiding on-coming traffic. Easements/Rights of Way/ Permits - This development should dedicate 75 feet of one-half public right-of-way from the existing centerline of Diffley Road. The developer should be responsible for obtaining a Dakota County permit to construct the proposed street access within Diffley Road right-of-way. Tree Preservation - The tree preservation is acceptable. A tree inventory submitted with this application indicates that there are one-hundred seven (107) significant trees in the inventory. The tree inventory is comprised of large oak, pine, cedar, spruce, and birch as well as, box elder, elm, black cherry, cottonwood, hackberry, ash, and apple trees averaging 20" in diameter. The development as proposed will result in the removal of thirty-nine (40) significant trees (37.4 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, multiple-lot, multiple-unit residential) is set at 47.5% of the total significant trees. With a proposed removal less than the allowable amount, there is no required tree mitigation for this proposal. In an attempt to maximize tree preservation, the applicant intends to preserve several large trees adjacent to areas to be graded. The preliminary grading plan submitted shows proposed grade lines occurring inside the CRZ of several trees that are to be preserved on site (tree #191, 198, 201, 202, 203, 220, 233, 234, 257, 262, 285, and 1009). To ensure survival of these preserved trees, staff is recommending that a long-term tree survival plan be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. Also staff is recommending that the applicant communicate with city forestry staff in the actual placement of tree protection fence around these trees. No encroachment is to occur inside tree protection areas. Parks and Recreation - The Development is located adjacent to Lexington-Diffley Park. A cash park dedication is suggested. 3 Planning Report - Lexington Ridge January 27, 2004 Page 9 Given the close proximity to Lexington-Diffley Park and amenities including the skate park, as well as the Caponi Art Park to the west, it may be advantageous to recommend that a portion of the Developments landscaping requirement (there is no tree mitigation required) be utilized to enhance and/or create a vegetative buffer on the east, west and south side of the development. The current owner of the single family home on the subject parcel is allowed access through the park as the result of a long standing easement. With the advent of this Development and the resulting access directly to Diffley Road, it would be advisable to terminate the access easement and require the removal of the existing gravel driveway, installation of a curb and reestablishment of turf. The Developer has proposed to construct a bituminous trail extending from the east border of the Development to an internal park trail. Unlike a typical connector trail that passes through a development or connects one neighborhood to another, the trail would essentially dead-end at the boundary of the development and thereby have minimal benefit to park users or the public other than those living in the development. The construction of the trail, along the alignment shown, would have minimal impact on the park or its amenities. Because of the minimal public benefit, it is suggested that construction of the trail, and associated landscaping, as shown, be allowed with no credit given towards what would then be a full cash trails dedication. Advisory Parks and Recreation Commission - The Commission recommended approval of the plat, but express concern about the adjacent land uses. Because the parcel is essentially bounded by park, they feel that the development is rather an abrupt interruption of land use and of the greenway corridor. They also expressed concern about stormwater runoff intruding into the park, if the proposed ponding system failed. The APrC suggested building a policy into the homeowner's association that states the homeowners are responsible for making sure the ponding system remains operational. SUMMARY/CONCLUSION The applicant is requesting approval of a rezoning from R-1, Single family residential to PD, Planned Development and a preliminary subdivision creating 17 lots. The applicant is proposing to subdivide the property into 17 lots, 16 townhouse lots and common area. Each unit will be individually platted and the remaining land will be managed by a self-governed association. The development as proposed will be a private area with an entrance exclusive to the development. According to the applicant "the development is intended to mimic the experience you would imagine of a Boston urban street." Although the applicant is requesting Planned Development zoning, the R-3 standards are applied for comparison. The majority of the R-3 setbacks are met with a few exceptions regarding the private road. Building height and coverage are satisfactory. Planning Report - Lexington Ridge January 27, 2004 Page 10 Storrnwater is proposed to drain on and off site. Sanitary sewer is available about 400 feet southeast of the property within the Lexington/Diffley Park. Dakota County Plat Commission has indicated that street access for the development may be allowed to Diffley Road, if a variance to the County access spacing guidelines is requested by the City and the access provides a right in right out access. A right turn lane is required as well. The Police and Fire Departments are not in favor of the proposed access location on Diffley Road. There are 107 significant trees on-site, tree mitigation is required. Cash park dedication is required with this development. Park and Recreation staff recommends that the access easement through the park become void with development. ACTION TO BE CONSIDERED 1. To recommend approval of a Rezoning from R-1, Single Family Residential to PD, Planned Development for property located at 4225 Lexington Way in the northeast '/4 of Section 27. II. To recommend approval of a Preliminary Subdivision to create 17 lots and 16 townhome units for property located at 4225 Lexington Way in the northeast 1/4 of Section 27, subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: Al, B 1, 2, 3, 4, C1, 2, 3, Dl, E1 2. The property shall be platted. 3. The Development shall be responsible for a cash park dedication. 4. The Development shall satisfy a portion of the landscape requirement by creating and/or enhancing a vegetative buffer along the east, south and west property lines. 5. The Development shall be allowed to construct a trail and, associated landscape berms, extending from the development to an existing internal park trail. The alignment, location and specifications to be approved by the City. No trail dedication credit shall be given for said trail or landscaping. 6. The Development shall be responsible for a cash trails dedication. 7. The existing access easement through the City park shall be terminated and the gravel portion of the existing driveway access restored to a turf condition and a curb section installed by the Developer. The Developer shall execute such documents as may be required by the City Attorney to terminate the easement. 8. To ensure survival of preserved trees, #191, 198, 201, 202, 203, 220, 233, 234, 257, 262, 285, and 1009, a long-term tree survival plan shall be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. Also staff is recommending that the applicant communicate with city forestry staff in the actual placement of tree protection fence around these large preserved oaks. 9. 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 136 Planning Report - Lexington Ridge January 27, 2004 Page 11 Zone, whichever is greater, of significant trees/woodlands to be preserved on-site and off- site (i.e. park trees). 10. To require that the applicant contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading pen-nit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 11. The commission may want to recommend or get some kind of assurance that the developer is accountable for stormwater that may not infiltrate sufficiently (now or in the future) to avoid or minimize impacts to City park trees. 12. A cash dedication in lieu of on-site water quality ponding should be required for the remaining 1.3 acres of this development 13. The developer shall be responsible for construction of a storm water pond within the development boundaries to accommodate the development's storm water runoff quality and rate control. 14. The developer shall be responsible for restoring the sanitary sewer and water main disturbance area within Lexington/Diffley Park to equal or better than its current condition. 15. The developer shall meet all conditions set forth by the Plat Commission regarding access to Diffley Road (Dakota County Road 30). 16. This development shall dedicate 75 feet of one-half public right-of-way from the existing centerline of Diffley Road. 17. The developer shall be responsible for obtaining a Dakota County permit to construct the proposed street access within Diffley Road right-of-way. 18. The Developer shall be responsible for preparing a homeowners association for the development and shall also convey Lot 17 to the Association. The association and deed shall be approved by the City Attorney. M. To recommend approval of a Preliminary Planned Development for 17 lots and 16 townhome units for property located at 4225 Lexington Way in the northeast'/4 of Section 27, subject to the following conditions: 1. The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: • Final Site Plan • Final Building Elevations Plan • Final Tree Preservation Plan • Final Landscape Plan • Final Lighting Plan • Final Signage Plan i 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. l3r 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 LTSOS STAN OARD.CON 13~ FINANCIAL OBLIGATION-Lexington Ridge Preliminary Subdivision 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 parcel proposed for subdivision. 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. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Storm Sewer Trunk (1) S.F. $.11875/Sq. Ft. 243,050 Sq. Ft. $28,862 Lateral Benefit Storm Sewer S.F. 26.95/F.F. 575 F.F. 15,496 Water Lateral S.F. 31.30/F.F. 575 F.F. 17,998 Total $62,356 2004 rates are used to compute this financial obligation. The actual obligation will depend on the year in which the final subdivision is approved. (1) Area for storm sewer trunk computation will be finalized at time of final subdivision approval. /Vo OFFr~ MEMORANDUM EAGAN POLICE DEPARTMENT 3830 Pilot Knob Road f Eagan, MN 55122 POLICE 651-675-5700 651-675-5707 FAX DATE: 01-16-04 TO: Sheila Cartney FROM: Officer Todd Kirchgatter SUBJECT: Concerns and Recommendations for Lexington Ridge The main issue with this project that I will be addressing is the entrance to Lexington Ridge from County 30 (Diffley Rd.). Due to the fact that it is a right turn in and right turn out type of entrance, the cement median should be extended to the west. Doing so will prevent people from "taking a chance" by taking a left turn out of the development, the wrong way against traffic, to do a u-turn to go back east. The next question is where to extend the median too. If you extend it 200' to the west, you will end up on the east side of the hill, below the crest. With the median extended to that distance, a majority of left hand turns out of the development will be eliminated. But that creates a problem for west bound traffic who will be attempting u-turns to go back east bound to get to the entrance. Vehicles attempting to do that u-turn are doing so with a very small reactionary gap with east bound traffic coming over the crest. That reactionary gap applies to both east bound traffic and the vehicle doing the u-turn. You could extend the median even further, even to the crest of the hill. But I noticed while sitting in that area that there is not a point on the crest where traffic in both directions can clearly see a vehicle either stopped or doing a u- turn and have enough of a reactionary time to react. Wherever the median is extended to, the idea of having a vehicle stopped on County 30 (Diffley Rd.) waiting to do a u-turn where the speed limit is 45 MPH, with limited visibility, is simply a dangerous situation. In my opinion, the best solution to this issue is to either put in a left turn lane from west bound County 30 (Diffley Rd.) to the entrance to the development, or don't have the entrance on County 30 (Diffley Rd.). Thank You, Officer Todd Kirchgatter i Written Narrative for Lexington Ridge Development The developer is proposing the development of 16 town house lots in a single-phase development. The existing land use consists of one single-family home. The home has been on the site for many years. No known wetlands are located on the site. The developer previously submitted two separate subdivision requests under the same name that proposed 8 single-family residential lots. The first proposed access through the Lexington/Diffley Athletic Fields. The Council denied access through the Park. The second submittal proposed access from the west property line off Diffley Road. Dakota County submitted their response by requiring the developer to construct a right-turn lane and a right- in/right-out access only. Both applications were withdrawn and this submittal represents a proposed access off of Diffley Road from the east property line, in the location of an existing curb cut, thereby following the right-in/right-out criteria and agreeing to construct the right-turn lane as required. The property is currently guided R-1 (0-4 units per acre) for single-family residential development. The current zoning would allow for 23 units (5.93 acres at 4 units per acre). The developer is proposing a Planned Development with16 town house units. The density is not changing and therefore no change in the Comprehensive Guide Plan is required for this project. However, we will be requesting a zoning change to PD. The surrounding land uses and zoning within 660 feet of the development consist of the existing Diffley Road, the Lexington/Diffley Athletic Fields, the Caponi Art Park along with an existing planned residential development south of the Lexington/Diffley Athletic Fields and an agriculturally zoned but low-density guided parcel north of the site west of Lexington Way. The rezoning to a PD should have a positive impact on the surrounding area. There is not an increase in density to this area, access will be limited to a single access off of Diffley Road, and a separate right-turn lane will be constructed to minimize traffic flow on Diffley to the traveling public in this area. The development should not have an adverse affect on land value in the area, and may in fact have a positive affect to adjacent properties. It is the developer's intention, upon receipt of preliminary plat approval, to prepare final engineering plans in anticipation of a spring 2004 start of construction. It is the intention to complete the private access and utility infrastructure in the summer of 2004. Concurrent with the construction of the private and public infrastructure, the development of town homes will be underway with expected occupancy of several homes by the end of 2004. It is anticipated that the construction of all town homes will be complete by 2006. This proposed development would provide the city of Eagan several benefits. First, the existing access through the Lexington/Diffley Athletic complex to the current residence will no longer be used. The developer plans to grade the existing drive to blend with the current vegetation and landscaping, removing the curb cut where the current drive exists within the Park, and extend the existing berm along the Park property line in order to provide privacy and a line of demarcation between the Park and proposed development. Second, the developer has taken care during the engineering process to preserve a specimen tree (as requested by Greg Hove) on the east property line in order to maintain the umbrella it now provides the Park. Third, the developer has provided for privacy to the Caponi Art Park located on the West property line. By providing a retaining wall near the property line, placing the road well below the existing grade and locating the town homes toward the east end of the property (furthest from the Caponi Art Park) we have given the privacy that they requested. Fourth, the developer is providing a unique plan to the city of Eagan. The urban quaint development of Lexington Ridge will provide for another fine example of Eagan's foresight into City planning. Lexington Ridge will be a private area with an entrance exclusive to the development. The development is intended to mimic the experience you would imagine of a Boston urban street. The facade of each residence will be of similar materials but different enough in its architecture to provide visual interest. The garages will be hidden from the street so the house will be the dominant feature. The street will be a combination of cement and pavers or colored concrete as depicted in the drawings. The landscaping plan is extensive. Greg Hove (City Forester) provided assistance in tree selections. The house materials will be a combination of cement fiber-board (Nardi plank), stone or stucco, and cedar shingles. Soffits and fascia will be either cedar or Miratech (a pre-primed hardboard.) There will NOT be any aluminum or vinyl used on any part of the houses except for the windows; which will be aluminum clad. The entry doors and garage doors will be custom. The roof will be a 30 year asphalt shingle. As you see depicted in the renderings, the architecture is stunning and detailed. This development with the residences will prove the test of time. Site grading will be minimized to fit the town homes, to the extent possible, within the existing vegetation. The site is heavily wooded. Based on the preliminary grading plan, the estimated tree loss will be less than 35 percent of the total site and therefore no tree mitigation plan is included in the submittal. The utility infrastructure will start at existing adjacent properties. Water service is available from a stub out of a parking lot east of the property line within the athletic field complex. Sanitary sewer service is also available from the Park southeast of the property. Storm sewer will be discharged to the existing storm sewer in Diffley Road. The developer proposes a private drive of 24 feet width which will take private access off of Diffley Road. The drive will traverse from east to the west up the slope to the westerly property line which will level out to provide access to the lots. The developer will provide a private access easement throughout the development. Storm water ponding for quality and quantity will be provided by the pond located at the northeast comer of the property. This area is believed to have a high percolation rate as evidenced by no existing wetland vegetation. Water from the northern portion of the property will be collected in this pond. An outlet control structure will be constructed to control post- development flow to pre-development rates. Based on our analysis of the infrastructure, the rezoning to PD should not have an impact on the City infrastructure in the area. Infrastructure is available in sufficient capacity to serve this development. Based on the care and consideration provided to make this development a unique residential development within the City of Eagan, we believe that the change to PD will result in a superior development for the City. We believe that this is a type of development not currently available in the City and will add to a more diverse housing mix within the City. 0 i Eagan Boundary Location Ma Street Centerline p ~ Parcel Area Building Footprint Q~ er v~ s v tl c` .r {a ~ i : A w v~ °A to d 6 ~ a q Q © D 1'' TJ © a~© QS P Cc C v ~ ~ a ~ ~ ~ ~ "A` w GD I F c+ Eno ad v Q a o 0 D m % a 8 e~ s m vi ~ caa d r m•~ 7 p ~ 6 CI c ° E3 ® r ~e `i : f B dQ g ~ i * z 4 @ r7 5 ©6y s g ` 4 ° Subject Site s* a ° 1-1 11 ° m 9eq q ~ ~ 4 ~ d GJ 3 9 s p:r~ © ® b Qe9 ' © t I?` Ls. 0 ~ 4 Cs' - d p .9 2 ~3 ~1 : o p 4 q . 16•8 ~ ~Oddv-taO r c:,. S 9 Gr +r.•• m is 31 1000 0 1000 2000 Feet Development/Developer: Lexington Ridge Application: Rezoning, Preliminary Subdivision, Preliminary PD Case No.: 27-PS-2412-03 - 1/ 1/ Map Prepared using ERSI Arc%Feew 3.1, Parcel base map data provided N by Dakota County Otfice of GIS and is current as of June 2003. r W E r THIS MAP IS INTENDED FOR REFERENCE USE ONLY city of eagan The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Gemmunity Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Lexington Ridge Land Use Map Case No. 27-PS-24-12-03 Zoning Map -~j R-1 o;tF-V PD P PF A PF Current Zoning: R-1 Single Family Residential R-1 s P P 4 P 2 0 E PD P D coo 0 We 120o Feet Comprehensive Guide Plan Land Use Map P HD QP LD RC QP Current Land Use Designation: RC LD LD P Low Density Residential (0-4 units/acre) P F P i OIS D P MD ' OISLIJ-LLU i00 B 600 1200 het ' 1 D P.ree a.e rn.p information providedb ota County Land Sw y Departmert June 2003. 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CO I s ' z I G+ _ is I V I I 1 o II ~ = I °zl I ~ LOGS CO 7 .WALDO s fi~ _ OGTL i3 n • I •.6 n ~.Fa 'F W I T!'O' :':.b'.y.2 V.~: `l;`:•: •y^yt::'3 V F gig L s e•:.;: . i • • •A 99 91 1 I':' cIP. •..•a M: '.::.poop; t'::::::; Q I • •ri•:: ~war'ricow =d: :•r. I sum - C 1 = .'.7s .'1 I s~ ~ o+ m p y ~•Y•.SOGL00 Na11.~ii. Otgia€~i6 1S<. DG pOSLC D O . I 1 /I G C @ E C o a 0 z° I C ^i = a f~ T.. z '~!ma;yy tv " +'r i Ccoi ao~: a~ ul ~ 4 Y qz4 :JaL c x V i 9 ICI C n4+ W d F cs -'n 4 I Q k C t "s TRW: 4. •1 . t t 'N4 t _ • a~4•n'~.~K ek°~A. 'r r - h r - / scli 1 r7 O 43 _c w in cl C f~- a ~tQ VS, Z A=-6;g z .i ~ . 1 ~ ' r. e ti yfn:. ..fi :F ~ Y 6L1i1 yp{ h-u_- ff: y~ Ft I . i. Y. • i S C O U N T Y December 31, 2003 City of Eagan Attention Marilyn Wucherpfennine Surveyor's Office 3739 Pilot Knob Road Fred M. Johnson Eagan MN 55122-1810 County Surveyor Re: LEXINGTON RIDGE Dakota County Western Service Center The Dakota County Plat Commission met on December 29, 2003, to reconsider the preliminary plat of 14955 Galaxie Avenue LEXINGTON RIDGE. Said plat is adjacent to CSAH 30, and is therefore subject to the Dakota Apple Valley, MN 55124-8579 County Contiguous Plat Ordinance. 952.891.7087 The preliminary plat indicates access to CSAH 30 on the east portion of the property where there is an Fax 952.891.7097 existing median in the road and would require right turns only. The Dakota County access spacing www.co.dakota.mmus guideline for right-in and right-out only turns is one-eighth mile spacing. The proposed preliminary plat does meet the one-eighth spacing guideline at CSAH 30. However, during the permit process to construct access at CSAH 30, the median may need to be expanded or extended and the right-turn lane needs to be constructed at the developer's expense. Also, there are concerns regarding a safety issue of proper sight distance at the access point at CSAH 30. The Plat Commission would like the developer to locate the access point at CSAH 30 in the field. The County Transportation Department will then inspect the access point for proper sight distances and possible median expansion. The preliminary plat does not show proper dedication from the existing centerline on CSAH 30. The plat must dedicate 75 feet of one-half right of way from the existing centerline. Restricted access must be shown and dedicated to Dakota County along all of CSAH 30, except for the one access opening. The Plat Commission did not approve the plat as submitted. The Ordinance requires submittal of preliminary and final plats before a recommendation is made to the County Board. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder's Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. The Plat Commission highly recommends early contact with the Transportation Department to discuss design features of any construction in public right of way. The County Transportation Department permit process reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, allowance and size of medians, etc. Sincerely Todd Tolle fson Plat Commission Secretary c: Tom Hedges, City Administrator Tom Colbert, Public Works Director Millerville, Inc. F,151p) JAN 0 1U, 2 2004 Printed - recyckd paper wrth 30% post-consum'1 wade. r ' - AA EQUAL OPPORTU6M EMPLOYER .1 MEMO city of eagan TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON ROHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: JANUARY 27, 2004 SUBJECT: LEXINGTON RIDGE ACCESS ISSUES The Lexington Ridge Subdivision has been the subject of a number of land use applications and decisions over the years. At different times, development proposals have included access to the property through park property at the Lexington Diffley Athletic Fields. A long standing City policy position has been that, if the property is to be developed, it should take its access from Diffley Road and not through the park. The current subdivision application has been designed on the basis of this policy and proposes an access on Diffley Road, west of the Lexington Water Reservoir and the park entrance. In reviewing the details of the subdivision design, certain challenges associated with the direct access to Diffley Road have been identified. While staff believes that the proposed design will provide feasible access to the development site, a number of issues were also raised that the Planning Commission and City Council should consider as it approaches a decision in this regard. As the staff report was being compiled, the extent of the issues about the detailed design of the site access became apparent. At the staff meeting this morning, it was determined that a more complete review of the issue be provided to the Commission and Council so that the basis for the original policy is articulated and the nature of the specific access issues is outlined. Unfortunately, this discussion occurred after the Advisory Parks and Recreation Commission had already reviewed the development as presented. As a consequence, the APrC was not informed of these issues and has not had the benefit of this additional background. Site Access Policy Background In 1994 and in 2003, the City considered, but did not approve, development applications for the Remo Caponi that proposed to take access through the Lexington Diffley Park site. The reasons for these decisions were as follows: • Necessity to Upgrade the Existing Driveway to City Street Standards. Approximately 600 feet of internal access road would need to be realigned and widened to applicable City standards. The ingresslegress points of 2 parking lots would need to be realigned and possibly relocated possibly resulting in the loss of parking capacity. An existing trail, outfield fencing and landscape beds could require relocation. Because the road would terminate at a private street, a cul-de-sac would be required resulting in the potential loss of additional parking stalls/ park space. • Variance Requirements. The existing maintenance garage, US Cellular/PD cell building and out field fences may fall within the road right of way. The road length may exceed that allowed for a road with a cul-de-sac terminus. Public Safety Issues • Emergency Vehicle Access. With the proposed access design, emergency vehicles attempting to access the subdivision from westbound Diffley Road would be required to make a u-turn from westbound to eastbound Diffley. Given the traffic speeds and limited visibility from both directions, there are concerns about the safety of this u-turn. Public Safety staff doubts that a full sized fire vehicle could actually make a u-turn on Diffley Road, even with the additional right turn lane planned for eastbound Diffley. • Illegal U-Turns. History tells us that even with a posted no u-turn and occasional enforcement efforts, that some motorists on westbound Diffley will attempt u-turns to gain access to this subdivision. Traffic speeds and limited visibility make this a very dangerous violation. • Turning Options. For those westbound vehicles who wish to access the subdivision, but not make the illegal u-turn at the end of the traffic median, it is likely that they will turn on either Amberleaf Trail, or Malmo/Blueberry in order to turn around to go east on Diffley. This may not present a problem in the legal sense, but could result in additional complaints from residents of those streets. Operational and Maintenance Issues • Traffic Speeds. The speed limit on County Road 30 (Diffley Road) is posted at 45 mph. Observed travel speeds are more commonly 45 - 55 mph due to hills. Stopping and sight distance is limited to the west. • U-Turn Traffic Conflicts. There is a potential for "U" turns on Diffley creating rear-end safety hazards. Potential for development traffic to make illegal/improper left turns into oncoming County Road traffic to access west bound Diffley. • North Facing Hill. The internal street would be on the north slope of wooded hill side resulting in freeze/thaw snow and ice concerns (Private street and related maintenance responsibilities create a burden for association resulting in future request for City maintenance). Mitigation Requirements To address the issues outlined above, the proposed access alignment can be expected to require the following mitigation steps: • Additional signage, enforcement and advance warning signage on Diffley Road. • Potential need to extend median to the west. Restrictive/Prohibitive movement sign installation with related enforcement. • Construct street to City standards to allow future takeover by City if Association can't/won't maintain it in a safe manner. As noted above the purpose of this memo is to reiterate the reasons for the City policy to date to prohibit development of this property from having street access through the park, while acknowledging that the proposed access location on Diffley presents challenges as well. This is intended to provide decision makers with additional background on which to make final decisions with respect to this development proposal and the access to it. If you have any questions, please let me know. I le To: Eagan Advisory Planning Commission From: Anthony Caponi Date: January 27, 2004 Re: Reasons To Deny The Lexington Ridge Multi-Family Development Application Submitted By Millerville, Inc. The City of Eagan and Dakota County have been actively working to preserve the Eagan Core Greenway and the citizens of Eagan voted overwhelmingly in support of the county bond referendum that is making this possible. The Millerville 6-acre property is part of the lynch pin of the Eagan Core Greenway. It connects Patrick Egan Park and the Caponi Art Park to City parks and Lebanon Hills Regional Park to the south and east. Multi-family housing is an incompatible use of this property. Regardless of how well the development is designed or how beautiful the houses - They are in the wrong place! How these 6-acres fell through the cracks is a long story but suffice it to say that this property was one of the sites to be purchased by the city of Eagan had the park bond referendum passed in 1995. The owner waited for years for the chance to make this land part of the Caponi Art Park. He couldn't wait any longer. After all, it was only last week that I found out myself that Dakota County approved funds toward assuring the future of the Art Park. So it is understandable how the offer of a large sum of money at this time changed the whole situation. The developer has paid big money for these 6-acres and his main concern is to make a profit. Neither his development nor his expensive townhomes has anything to do with community need. On the other hand both the City and the County have. recognized the value of the Art Park for the community. In 1993 when Diffley Road was expanded they made major changes to the design to accommodate the needs of the Park. The bike path on the south side of Diffley was omitted so as not to cut into the hill that forms the back of the park's amphitheater. They went to the expense of installing a pedestrian underpass to make up for the missing sidewalk. Even the Dakota Electric Association buried its power lines the full length of the Art Park to maintain the natural setting along Diffley. The City and County also removed the center lane from the road because there was no room for it without damaging the Art Park. If you stand at the intersection of Diffley and Pilot Knob Roads looking east you will see that the road narrows from 51anes to 4 at the Art Park until it reaches the median near the end of the Park where it begins to expand again for the intersection with Lexington Way and the entrance to the athletic fields. Where the road is narrow there are steep slopes on the south side and equally steep pits on the north side that discourage expansion on either side of the road. AV Now comes the proverbial developer with his bulldozers with plans to truncate one of the highest hills in Eagan and requires major changes to Diffley Road to provide a safe entrance to a minor development that intrudes on the organic unity of the Eagan Core Greenway. The Police Department knows what it's talking about when it speaks of the danger of an entrance off of Diffley. The Fire Department knows what it's talking about when it suggests it needs a left-turn lane for its equipment. I know what I'm talking about because I've lived here for 50 years and know the land. The remedies suggested to accommodate the development are too intrusive and too costly to be justified by a strictly commercial enterprise. There are only drop-offs where the road is supposed to be widened for the extra lane or to permit the extension of the median. • Extending the median will block access to the service road into the north half of the Art Park, the parcel that is in the process of becoming City property. • I know how dangerous it is to have driveway access directly onto Diffley. I will skip the details of requiring the developer to install sound abatement fences and my concerns about light pollution because all our efforts should go toward denying approval of the Lexington Ridge application altogether. i t ~ sr MEMO city of eagan TO: SHEILA CARTNEY, PLANNER FROM: DALE WEGLEITNER, FIRE MARSHAL DATE: JANUARY 29, 2004 SUBJECT: LEXINGTON RIDGE The issue with the Lexington Ridge development is access, not response time. While fire trucks would respond to a call from both stations, fire station 3 at Pilot Knob and Wilderness Run Road, and fire station 4 located at Dodd and Diffley Roads, in most cases, the first fire truck would be coming from Fire Station 4. For this truck to gain access to the development, the driver would need to make a U-turn on Diffley Road between two hills, which is a very dangerous turn. If the driver did not make a U-turn, the driver would have to travel west on Diffley Road to the area near Blueberry Road and N. Malmo Lane, turn, and go back east to gain access to the development. Fire trucks would then be passing each other on Diffley Road, causing more confusion. Fire Marshal DW/js cc Bob Kriha, Fire Chief Dale Schoeppner Chief Building Offical /6/ Draft - 9.15.03 Subd. 18. PD Planned Development District. A. Intent. 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. B. Standards. The provisions of this code shall be interpreted in accordance with the following: 1. Rules of Interpretation: a. Where inconsistent therewith, the requirements set by this section shall be followed for Planned Developments. This section shall have no affect upon other developments or district requirements. b. Planned Developments may be excluded from certain requirements of the zoning code when specifically approved as a part of the Planned Development. Such exclusions shall only be granted for the purpose of creating better overall design and an improved living environment and not solely for the economic advantage of the developer. All provisions of the zoning codes not specifically excluded in the Preliminary and/or Final Plan shall apply to the Planned Development. C. Building permits shall not be issued that are not in conformity with the approved Planned Development. d. Whenever a dispute arises concerning the interpretation and/or application of any section of this code, the matter may be referred to the Board of Adjustments and Appeals for hearing as governed elsewhere in this Chapter. 2. Relation of Planned Development Site to Adjacent Areas. The design of a Planned Development shall take into account the relationship of the site to the surrounding areas. The perimeter of the Planned Development shall be so designed to minimize undesirable impact of the development on adjacent properties and conversely, to minimize undesirable impact of adjacent land use and development characteristics on the Planned Development. City of Eagan Zoning Regulations l page 72 1 Draft - 9.15.03 3. Minimum Area for Planned Development. The minimum total area required for a Planned Development shall be five (5) acres of contiguous land. Tracts of less than five (5) acres may qualify only if the applicant can show that the minimum lot area requirement should be waived because a Planned Development is in the public interest and that one or both of the following conditions exist: a. Unusual physical features of the property itself or of the surrounding neighborhood are such that development under the standard zoning would not be appropriate in order to conserve a physical or terrain feature of importance to the neighborhood or community. b. The property is adjacent to or across the street from property that has been developed under the provisions of this section and will contribute to the amenities of the neighborhood. 4. Residential Unit Densities. A Planned Development may provide for a variety of housing types in any one of the basic residential zoning districts. The total number of dwelling units allowed in a development shall be determined by either: a. The density specified by the City's Comprehensive Guide Plan. A plan may provide for a greater number of dwelling units per acre than would otherwise be permitted by the zoning regulations otherwise applicable to the site; however, the applicant has the burden to show that such excess will not have an undue and adverse impact on existing public facilities and on the reasonable enjoyment of neighboring property. The Council, in determining the reasonableness of the increase in the authorized dwelling units per acre, shall recognize that increased density may be compensated for by additional private amenities and by increased efficiency in public facilities and services to be achieved by: 1. The location, amount and proposed use of common open-space, 2. The location, design and type of dwelling units, and 3. The physical characteristics of the site. 4. Open Space. a. A primary function of this Planned Development Section is to encourage development which will preserve and enhance the worthwhile, natural terrain characteristics and not force intense development to utilize all portions of a given site in order to arrive at the maximum intensity or density allowed. In evaluating each individual proposal, the recognition of this objective will be a basic consideration in granting approval or denial including but not limited to the following: 1. The amount and location of private common open-space area shall be consistent with the stated purpose of this section and in no case shall be less than fifteen (15) percent of the total project area. The residential portion of the project area shall further City of Eagan Zoning Regulations 163 page 73 Draft - 9.15.03 conform to the mandatory public park, playground and open space area dedication requirements of Code. 2. All open-space shall be labeled as such and as to its intent or designed functions. b. Operation and Maintenance of Common Facilities. In the event certain land areas or structures are provided within the Planned Development for recreational use or as service facilities, the owner of such land and buildings shall file a suitable agreement with the City that assures the continued operation and maintenance to a pre-determined reasonable standard. These common areas may be placed under the ownership of one of the following, depending which is more appropriate: 1. Landlord control. 2. Homeowner's Association, provided all of the following conditions are met: a. The Homeowner's Association must be established prior to any sale. b. Membership must be mandatory for each owner, and any successive buyer. C. The open-space restrictions must be permanent, not for a given period of years. d. The Association must be responsible for liability insurance, local taxes and the maintenance of residential and other facilities. e. Landowners must pay their pro rata share of the cost and the assessment levied by the association that can become a lien on the property in accordance with Minnesota Statutes. f. The Association must be able to adjust the assessment to meet changed needs. 5. Permitted Uses. Uses approved and permitted under a Planned Development shall only include permitted, conditional and accessory uses allowed in Residential Districts in the City and those business, industry and institutional uses specifically approved as a part of the Planned Development and in accordance with standards herein provided. The property to be included in the Planned Development shall be in single ownership or under the management or supervision of a central authority, or otherwise subject to such supervisory lease or ownership control as may be necessary to carry out the provisions of this code. City of Eagan Zoning Regulations page 74 1 Draft - 9.15.03 C. Procedure. 1. General. Planned Developments shall be proposed and approved in accordance with this section. 2. Concept Plan. Prior to filing a petition, any person may request a meeting with the Advisory Planning Commission to present a Concept Plan to discuss the feasibility of a Planned Development. Such request shall be made by addressing a letter to the Advisory Planning Commission where upon said request shall be heard at a subsequent meeting. 3. Petition. The petition for a Planned Development shall be on a form provided by the City and shall include all of the following information: a. Signature(s) of owner(s) and developer(s). b. All data normally required by the City for a rezoning and preliminary plat petition. C. All information and plans comprising a "Preliminary Development Plan" as defined in herein. 4. Preliminary Development Plan Approval. The petition for a "Preliminary Development Plan" of a Planned Development shall be processed by the City in the same manner in which rezoning petitions are processed as described in the Zoning Code. 5. Development Agreements. As a condition to approval of a Preliminary Development Plan, the City shall require the owner and developer of a proposed Planned Development to execute an Agreement which may include, but not be limited to, all information required in the Preliminary Development Plan as provided herein. 6. Fees. The fee for a Planned Development shall be the same as the fee charged for a rezoning and preliminary plat when the latter is also included. 7. Performance Bond. The owner and/or developer of a proposed Planned Development shall furnish a public contractor's performance bond as prescribed by Minnesota Statutes, with corporate surety in a penal sum equal to one hundred twenty-five (125) percent of the City Director of Public Works cost estimate for the required improvements to be furnished or installed by the owner and/or developer, including, but not limited to, street surfacing, curbs, gutters, sanitary sewer and water service and storm sewers. The performance bond shall be approved by the City Attorney prior to its acceptance. A certified check shall be submitted by the owner and/or developer for the estimated inspection costs of the required improvements to be furnished or installed by said owner and/or developer. Said check shall be submitted at the time of the submission of the performance bond. 8. Variances. Variances granted as a part of a Planned Development shall not be subject to the zoning code. Said variances shall be permitted as a part of the City of Eagan Zoning Regulations page 75 Draft - 9.15.03 overall approval of the Planned Development provided said variance from zoning code provisions are so stated in the Planned Development Agreement. 9. Effect of Approval of Preliminary Development Plan. Upon approval of a Preliminary Development Plan, a Planned Development may not be altered, revised or withdrawn without the approval of the City Council. 10. A public hearing shall not be required provided the Final Development Plan is in substantial conformance with the Preliminary Development Plan. Any major change as determined by the City shall require a public hearing. 11. Council Action. The approval of a Preliminary Development Plan and a Final Development Plan of a Planned Development shall require an affirmative vote of the majority of all members of the Council except when the proposed rezoning is from an existing residential district to a Planned Development District with commercial or industrial uses in which case a two-thirds majority vote is required. 12. Preliminary Development Plan. The Preliminary Plan of a Planned Development shall include the following information: a. All information required in the Subdivision Code for a Preliminary Plat. b. A general development plan indicating: 1. The proposed site and existing development and adjacent properties. 2. The proposed use of all areas of the site. 3. The proposed density, type, size and location of all dwelling units. 4. The general size, location and use of proposed business, industrial or institutional buildings. 5. Public and private streets, entrance and exit drives, walkway locations. 6. Parking areas and stall arrangement. 7. Landscaping. 8. Park and open space lands. 9. Dimensions. 10. Proposed drainage and utility systems. C. A summary sheet indicating: City of Eagan Zoning Regulations Page 76 i Draft - 9.15.03 1. Area of land in each use or each separate intensity of use. 2. Number of residential dwelling units proposed in each area. 3. Number of acres of common open space. 4. Modifications of any provisions of the City Zoning Ordinance. d. A staging plan indicating the geographical sequence and timing of development of the Plan or portions thereof, including the date of beginning and completion of each stage. The Staging Plan shall also include the number of dwelling units, commercial structures, public streets, utilities and recreation areas. e. A detailed plan of first phase development indicating buildings, parking areas, driveways and similar detail on the site plan and including architectural elevation drawings of all buildings. f. A preliminary plat may be required by the City for those areas where development is imminent, and a sketch plan shall be required for the remaining areas. g. A written statement by the applicant stating how the proposed Planned Development conforms to the stated objectives and purposes of this section and why the proposal would be in the public interest. 13. Final Development Plan. The Final Development Plan for a Planned Development shall be accompanied by a legal description of the total property together with the following: a. A Final Plat adopted in accordance with the requirements of the Code, except as otherwise specifically provided in this Section. b. A Final Site Plan showing the locations of all structures, including placement size and type, as well as streets, parking areas, walkways, open space and similar detail areas on a scaled and dimensional drawing. C. A Landscape Plan showing the location, species and size of all plant materials. Grading information shall be located on the landscape plan. d. A Utility Plan showing the location and size of all utilities and easements. The Utility Plan shall include sanitary sewer, water, storm sewer and drainage, electrical and gas. e. Building Plans shall be submitted in sufficient detail to warrant issuance of a building permit. Scale architectural drawings of the exterior of all buildings shall be submitted in sufficient detail to allow the City to review said plans for the impact they will have upon adjoining properties and the general area in which the buildings are located. City of Eagan Zoning Regulations Aq page 77 Draft - 9.15.03 f. Deed restrictions, covenants, agreements, by-laws or proposed Homeowner's Association or other documents or contracts controlling the use or maintenance of property. Where such information is lacking, the Council may require a bond or similar guarantee to insure that areas held common by persons residing in the development will be developed and maintained. g. Proposed zoning changes or variances with legal descriptions of any district boundary changes. h. A Final Staging Plan indicating the geographical sequence and timing of development of the Plan or portions thereof, including the date of beginning and completion of each stage. i. Any other information necessary to fully represent the intentions of the Preliminary Plan. 14. Standards and Criteria for Advisory Planning Commission and Council Action. The Advisory Planning Commission may recommend and the Council may act to approve, approve with conditions, or deny a Preliminary or Final Plan for a Planned Development. The Advisory Planning Commission, in making a recommendation, and the Council, in acting upon a plan, shall consider the following factors: a. The consistency of the proposed Planned Development with the adopted or proposed Comprehensive Guide Plan of the City. b. The extent to which the proposed Planned Development is designed to form a desirable and unified environment within its own boundaries in terms of relationship of structures, patterns of circulation; visual character and sufficiency of drainage and utilities. C. The extent to which the proposed uses will be compatible with present and planned uses in the surrounding area. d. That any exceptions to the City Zoning Ordinance are justified by the design or the development. e. The sufficiency of each Planned Development phase's size, composition, and arrangement in order that its construction and operation is feasible without dependence upon any subsequent phase. f. The burden or impact created by the Planned Development on parks, schools, streets, and other public facilities and utilities. g. The impact of the Planned Development on environmental quality and on the reasonable enjoyment of the surrounding property. City of Eagan Zoning Regulations A/ page 78 I Draft - 9.15.03 15. Effect of Final Planned Development Approval. a. Except as provided in this Section, no building permit shall be issued for any building on land for which a plan for a Planned Development has been approved which does not conform to the approved Final Plan. b. Except as provided in this Section, development of land for which a Planned Development has been approved which does not conform to the approved Final Plan shall only be allowed after one of the following: 1. Amendment to the approved Final Plan of the Planned Development by the City Council in the same manner as required for approval of a Planned Development. 2. Term of the approved Planned Development by the City Council after notice and public hearing in the same manner as required for approval of the Planned Development. The Council may further condition the vacation of a Planned Development in order to better protect the public health, safety and welfare. 16. Termination. Upon expiration of the specific time period approved by the City for total development of a Planned Development, the subject area shall become a permanent Planned Development District, and the conditions, provisions and restrictions of the Final Development Plan shall continue to govern the use of the land. Provided, nevertheless, that if a Planned Development is not completed within the required time period, the Planned Development District Classification shall automatically terminate as to that portion of the district that has not been developed. The requirements and provisions of the underlying zoning classification in its entirety shall thereafter apply to the undeveloped area. Any factual disputes arising under this subsection shall be presented to and determined by a majority vote of the City Council. 17. Penalties for Violation. Each provision of this code is separable, and a judicial declaration of invalidity of any one provision thereof shall not invalidate the remainder. Any person who shall violate any of the provisions of this code shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding minimums as adopted by Minnesota State Statute. City of Eagan Zoning Regulations / page 79 Z . MEMO city of eagan TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: FEBRUARY 27, 2004 SUBJECT: LEXINGTON RIDGE PRELIMINARY SUBDIVISION ACCESS This memo is to outline the development issues and background regarding the two alternative vehicle accesses for the above-referenced preliminary development proposal. The attached sketch shows both potential access locations and configurations to be considered by the City Council. As a decision making tool, the matters discussed below are itemized in the Issues section of the Meeting Agenda Cover Memo. Diffley Road (County Road 30) Access The current Lexington Ridge development proposal depicts private street access for 16 townhomes to Diffley Road, the centerline of which is located approximately 90 feet east of the west end of its existing concrete median. Dakota Coun , Access - Dakota County is the jurisdictional agency for Diffley Road and must provide for street access from an adjacent property if no other legal access exists. The County Transportation Department has reviewed the proposed Lexington Ridge access and indicated that the location is acceptable. Of the possible direct accesses from Diffley Road to the property, the private drive location shown on the development plan provides for the best possible sight distance for vehicles making right turns onto Diffley Road. Dakota County will require the developer to obtain an access permit prior to construction. This permit will require the developer to construct a right turn lane (4801.f.) on eastbound Diffley Road into the site. No other improvements to Diffley Road will be required by Dakota County. A possible extension of the existing median to the west to discourage west-bound traffic exits is counter-productive for safety sight lines for necessary emergency vehicle u-turns and will not be required by Dakota County. City Police & Fire Department - The City Police Department is concerned with the potential for illegal vehicle movements such as u-turns and wrong-way driving occurring on Diffley Road with this access location and median configuration. Signage will be installed with the development prohibiting u-turns on westbound Diffley Road and prohibiting left turns onto Diffley Road. The Fire Department has expressed concern with emergency vehicles responding from the east making u-turns on Diffley Road to access the development. Fire Department response to emergencies within this development will be supplied from three fire stations (Diffley/Dodd, Pilot Knob/Wilderriess Run Road, Galaxie Avenue), two of which will respond from the west. The response from the Diffley/Dodd Fire Station will be delayed while making a u-turn at the next full intersection on eastbound Diffley Road, which is at Malmo/ Blueberry Lane. Lexington/Diffley Park Access As an alternative to direct access to Diffley Road, the City Council directed staff to work with the developer to identify design and operations issues that would be associated with an access through Lexington/Diffley Park between the proposed development and the current four way intersection of Diffley Road, Lexington Way and the Park entrance. Street Reconstruction - Providing street access through the Park requires the reconstruction of approximately 600 feet of current parking lot service drive to City street standards, from its current width of 24 feet to 32 feet in width. The reconstruction, as shown on the attached sketch, would not reduce the number of parking spaces within the park. While the street width could present the opportunity for on- additional on-street parking, that option should be evaluated separately to ensure that it would be safe in the context of the park and neighborhood traffic. The reconstruction also involves changes in curvature to meet current City public street standards. The public street would require a cul-de-sac bubble at its terminus. It will reduce the size or eliminate some berming along the north side of the drive in the area of the two maintenance sheds and the water reservoir. The street reconstruction costs within the park property will be the responsibility of the Lexington Ridge developer. Advisory Parks and Recreation Commission - At its February 12, 2004 meeting, the Advisory Parks Commission recommended that the access for this development be provided from Diffley Road and not through Lexington/ Diffley Park.. Their concerns are outlined in the draft meeting minutes which are attached, but were summarized in the motion as follows: • The uncertainty of costs the City would be responsible for in construction of the road and/or potential future assessments. • Concern for use of the park road after hours. • Concern for the traffic and/or congestion on this roadway during heavy peak hours; specifically during those times when events/sports are beginning and ending simultaneously. Ingress and egress by homeowners in this development could be difficult and will conflict with the vehicle and pedestrian needs for this athletic park. • Park use overflowing onto private property. • Oppose the currently proposed trail along Diffley Road unless the need warrants its construction in the future. One element that was not clear at the time of the Commission meeting was the potential assessability of the residential neighborhood for the public street through the park. Since that time, it has been clarified that, while the future maintenance of the reconstructed street would be a City responsibility, the City's Special Assessment Policy provides for special assessments to properties with private street access onto public streets. Also, any similar future City maintenance of the existing 24-foot wide service drive will need to be provided, without the option of other properties' special assessments. Pedestrian Trail Connection With respect to APrC response to the potential Diffley Road trail segment, as a part of the review of the access issues, the matter of the pedestrian access between the proposed development and Diffley Road was further discussed and analyzed. Staff has concluded that regardless of the vehicle access that may be approved, a trailway should be constructed between the east end of the development and the existing trailway on terminus on the southeast side of the Diffley Road- /7/ Lexington Way intersection. This trail should be installed at the developer's expense. While earlier discussions suggested that the market demographic anticipated by the proposed development may not create substantial pedestrian demand, the pedestrian activity that would be associated with the project would best be accommodated by such a trail link. The City would need to consider a possible modification of its winter trail maintenance policy would need to address four season availability of such access. I hope this information is useful. Please contact me you need anything further on this. Co unity Development Director Attach: Access Sketch 1 LEXINGTON RIDGE ACCESS CONSIDERATIONS FACTS: • Either option will require a variance to the maximum 500' Cul-De-Sac length. o Park access = 1,150' (650' public street + 500' private street) o Diffley Rd. = 1,000' private street • Road construction costs are to be at the Developer's cost in either access alternative. As a matter of comparison, the following cost estimates have been prepared by the developer: • Diffley Road access costs: o Diffley Rd. right turn lane = $122,000 (Developer's cost) o Private access road up side slope = $250,000 (Developer's cost - 24' wide street), $272,000(Developer's cost - 28' wide street) • Lexington Way/Park access costs: o Driving aisle widening and realignment to city street standards(32' wide street, 650' long, standard cul-de-sac) = $215,000 (Developer's cost) o Trail realignment = $30,000 (Developer's cost) o Annual maintenance costs (cracksealing/ sealcoating): $1501 year (City cost) o Overlay cost @ 20 years: $875/yr (City cost) • Existing median on Diffley Rd. will not be required to be extended to the west per Dakota County standards. (U-turns and left-out turns will be prohibited by signage) • Trail realignment through park is considered the development's responsibility. • Development will generate approx. 10 trips/day/unit = 160 ADT (Avg. Daily Vehicle Trips) • Total parking stalls in north parking lots = approx. 225 existing stalls with potential of 8 additional spaces with revisions • The City cannot dedicate public right of way within a public park. As such, there are no formal setback standards to existing structures from the proposed public street. Closest setback to City structure as shown on sketch = 25' 1;23 O AVM , o 'V E NOl NI) 31 < , / LL 0 MV/ 1 ; / ' A,u 1 N J l~L J ~ .V w o U 60 ~ ' 1 t W M 4 N U V Q O ~ ~ D C N O vi W c x;~ J j / \ ra j N cn , ~O w ~w m s rn cc o 2:1 y LL J W 7 N CO 32~ LU u" Lu / ry \ C7 J o w\ QU) Lo tk J \ \ 266\ \ \ ~ \ , \ X66 ~ \ \966, i \ \ \ \ 866 \ / \ ~ ~ ~ coo \ W _ _ v) Advisory Parks Commission Minutes of the Regular Meeting of February 12, 2004 Page 2 CONSENT AGENDA There were no consent agenda items for the Commission to discuss. DEVELOPMENT PROPOSALS There were no development agenda items for the Commission to discuss. OLD BUSINESS LEXINGTON RIDGE ACCESS ISSUE Director Vraa introduced this item and reviewed the background leading to the Advisory Commission review of this development in July 2003 and January 2004. After the Advisory Commission's review in 2003 the City Council subsequently denied this development partially because of the access through the park. The applicant pulled the application and reapplied for a similar subdivision with access via Diffley Road but withdrew that application based on the expense to upgrade Diffley Road. The 2004 application proposed clustering the buildings to allow the least impact to the site and showed access off Diffley Road. This application was recommended for approval by the Advisory Commission on January 15 and forwarded to the City Council. During the City Council review on February 3 public safety issues raised by engineering and public safety were brought forward. Director Vraa stated that the Council postponed action on this item pending staff review of several issues. He then reviewed the specific issues raised by the Council Assistant City Engineer John Gorder reviewed a drawing showing both a proposed public street through the park as well as the Diffley access to the development. It was noted that the safety concerns expressed to the City Council were relative to the right-in, right-out requirement off Diffley Road and the potential for people to circumvent this requirement. The perception presented was that this situation may result in more accidents at this location based on drivers needing to wait for traffic to enter or exit this development. Mr. Gorder noted that after Dakota County's review, they have found the Diffley access acceptable. Assistant Engineer Gorder added that the proposed public street access through the park would require an upgrade from its current 24 foot width to a 32 foot width and would end with a cul-de-sac at the intersection of the park property and proposed development. The developer can then choose to have a public street or a private street from the proposed cul-de-sac. He also showed areas where existing berms would be affected or eliminated but noted that there would be no net loss of parking within the park. He noted that there would only be a slight re- configuration of the access road and that the existing trail would not be affected. Member Davis asked who would be responsible for the cost to upgrade the proposed street within park property as well as the long-term maintenance costs. Assistant Engineer Gorder responded that improvements would be assessed to benefiting properties. He was unclear 1-~ ~7 Advisory Parks Commission Minutes of the Regular Meeting of February 12, 2004 Page 3 exactly what that impact would be to either party, however. Member Davis asked how the access off Diffley Road would affect the developer. Gorder responded that the capital and maintenance costs would be the sole responsibility of the property owners within this new development. Member Peterson spoke to several issues including the heavy turnover of traffic within the athletic park. She was particularly concerned about the hundreds of participants moving into, out of and through this park every day of the week, spring to fall. She cited the situation of reaching field capacity at 6:30 pm and then the changeover of traffic to meet field capacity again at 7:30 pm. Her perception was that this would create a much greater safety issue to the homeowners of this development because it would seriously impact their ability to move easily into and out of their development. Assistant Engineer Gorder responded that the residents of this development would need to be made aware of the potential for significant traffic into the park. He added that if access is not through the park, consideration should be given to providing a trail connection along Diffley Road so that residents can access the park, a potential bus stop at Lexington Way or the shopping area near the Lexington/Diffley intersection. Director Vraa questioned the number of children that might need a school bus stop from this proposed development. Mr. Ray Miller responded that although there may be children living in this area, the profile for potential residents was envisioned for single professionals or empty nesters. Member Danner opined that if there were children in this development they would not use the trail along Diffley but would take the shortest route through the park. Mr. Miller responded that he has suggested a trail connection to the park. Member Davis stated that this doesn't appear to be a development with a lot of children. He added that potential homeowners will make a decision to purchase a home based on their individual needs, which would include knowing the benefits and/or challenges of access off Diffley Road. He opined that the city needs to rely on families to make their own best judgment decisions on where they will live based on their own family needs and knowing what exists within a perspective development. Member West opined that proposed access through the park was a conflict with the park's use, that this might set a precedent for other pocket development that could see access through public property as a less expensive way to accommodate their development, and that the unknown costs of construction and long-term maintenance made it difficult for him to support access through the park. Several members concurred with this anlaysis. Member Peterson asked if this was the only location in Eagan that required a right-in, right-out access. Member Filipi opined that something else could be done at Diffley Road to direct the right-in, right-out traffic more effectively and did not support access through the park. Member Davis concurred that access through the park was not a good option and that he did not see the need for a trail on the south side of Diffley Road to Lexington Way. He opined that there is right-in, right-out access in several areas of the city but that doesn't preclude people from breaking the law in those locations. It was noted that the same people who might make illegal turns onto and from Diffley Road are the same people who would speed through the park; changing the access would not necessarily result in less traffic violations. Davis also shared his concerns for putting in a full blown city street without any assurance of how it would be funded and who would ultimately be responsible for the long term maintenance costs. i Advisory Parks Commission Minutes of the Regular Meeting of February 12, 2004 Page 4 After further discussion, N. Mark Filipi moved, Ken West seconded with all members present voting in favor to recommend to the City Council that the access to this development not be provided through Lexington Diffley Athletic Fields for the following reasons: • The uncertainty of costs the City would be responsible for in construction of the road and/or potential future assessments. • Concern for use of the park road after hours. • Concern for the traffic and/or congestion on this roadway during heavy peak hours; specifically during those times when events/sports are beginning and ending simultaneously. Ingress and egress by homeowners in this development could be difficult and will conflict with the vehicle and pedestrian needs for this athletic park. • Park use overflowing onto private property. • Oppose the currently proposed trail along Diffley Road unless the need warrants its construction in the future. Agenda Information Memo March 1, 2004, Eagan City Council Meeting B. CONDITIONAL USE PERMIT AND VARIANCE - REALTY DESIGNS INC. ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit for a pylon sign, located at 3902-3938 Cedar Grove Parkway; subject to the conditions in the APC minutes. To approve (OR direct findings of fact for denial) a Variance of ten feet to the sign setback requirement, for property located at 3902-3938 Cedar Grove Parkway; subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL ➢ Majority of Quorum ITEMS IN BOLD PRINT REPRESENT NEW INFORMATION FACTS: ➢ Applicant's original proposal called for a 20 foot tall, 96 SF pylon sign, 12 SF for the name of the center and 84 SF of individual panels for tenant identification, to replace an existing ground sign located in the public r-o-w. ➢ This item was considered at the City Council's meetings of December 1 and 18, 2003. The Council imposed the City's 60 day extension at the December 15t meeting to allow staff to gather information relative to the impact to the parking lot and existing trees by the future addition of a trail along the south side of Cedar Grove Parkway at this location. ➢ Engineering staff reviewed the trail plans and have determined that virtually all of the trees shown in the photos are located in the City's r-o-w and will be lost with the construction of the trail and/or retaining wall. ➢ In addition, Engineering staff suggested four additional conditions of approval: 1. Property owner grant easements for the construction of the trail and any associated work; 2. Property owner receives no compensation for the removal of any trees within the right-of-way; 3. Property owner consents to driveway and parking lot impacts as detailed in plans, City to incur costs of associated improvements; and 4. Approved sign installation only occurs with coordinated construction of trail improvements. ➢ Planning staff met with the applicant the week of December 29`h to review Council discussion and options. ❑ The applicant is not agreeable to monumentation at the driveway entrances due to the expense of running electrical service approximately 350'. ❑ The applicant believes the setback Variance is still necessary, due to topography. A 01A ❑ The applicant believes meeting the CGD sign standards (12' height, 45 SF copy/side) is not doable because visibility will be impeded due to existing topography and the installation of the retaining wall. ❑ The applicant is willing to reduce the sign height to 18' and the copy area to 80 SF/side. ➢ The applicant is agreeable to working with the City on coordinating the sign installation with the trail installation but remains concerned with impacts to the parking lot associated with said improvements. ➢ The APC added a condition limiting the number of tenant panels to six (6) and the applicant proposed eight (8) panels to the Council on December 1. The number of tenant panels suggested does not affect the proposed sign size (96 SF). ➢ The applicant proposes a zero lot line setback from Cedar Grove Parkway. Proposed location requires a Variance and a vacation of a public easement. ➢ This item was heard as a public hearing before the Advisory Planning Commission on November 26, 2003, the APC recommended approval with an added condition (number 8). ➢ This item was last heard by the City Council on January 6, 2004 where it was continued to allow time for the applicant to submit a visual of a modified proposed sign. Subsequently, the item was continued by the applicant at the January 20 (to February 3) and February 3 (to March 1). ➢ Prior to February 3, the Mayor, CD Director Hohenstein and City Engineer Matthys met on site with the owner and applicant. At that meeting, the sign, the site access, and the trail easement/impact were discussed and it was agreed that a third access scenario would be reviewed. Additional information from City Engineer Matthys is included as an attachment. ➢ The applicant has submitted a revised sign design that calls for a 16' tall sign with 96 SF (per side) of sign area. ISSUES: ➢ Staff has raised concerns with the proposed sign design relative to safety for the traveling public and it's compatibility with the surrounding area. ➢ Staff has suggested that in light of the applicant's need for a variance and easement vacation, application of the CGD sign standards should be considered by the APC and City Council. 60 DAY STATUS: ➢ March 20, 2004 (reflects 60-day City extension) ATTACHMENTS (5): Letter from property owner dated February 13, 2004 on page Matthys memo dated February 26, 2004 on pages and Revised sign drawing on page L2W. Advisory Planning Commission Minutes on age s)~~ Planning Staff Report on pages$9through Cedarvale Business Center 3914 Cedar Grove Parkway Eagan, Minnesota 55122 ItEB 1 4 ?1704 Mayor and City Council (651) 687-0510 City of Eagan, Minnesota 3830 Pilot Knob Road Eagan, MN 55122 February 13, 2004 Re: New sign request 3902-3938 Cedar Grove Parkway. Easements for trail system Dear Mayor and Council, I have been an observer while nephew Richard Fitzgerald has proceeded over the last few months with vk,hat I thought Nvo!fld ben. rel?tively simple sign application for our retail center. Brought into the discussion was the methodology of introducing the trail system proposed for Cedar Grove Parkway, and how our parking lot would be reconfigured to accept the improvement. While I have some difficulty understanding why the issues should be tied together (but for direct construction conflicts), I can appreciate your interest in making the most efficient use of your planning. One approach re-leveled the entire west end of our parking lot to bring about an acceptable grade change where it meets the trail system. This approach is one I discussed with your staff at some length last year and found acceptable in concept, even to the point of tentatively agreeing to granting necessary easements and negotiating replanting along the property line. The other approach (and the one apparently selected at a recent council meeting), is at a substantially less construction cost. While costing less money, this approach is very invasive to our property because it incorporates a concrete traffic barrier requiring vehicles to take a circuitous route through our lot it will also would cost us valuable parking we cannot afford to lose. The latter is an alternative with which we cannot live: The imposition on our property is simply too great. Startled by the outcome of the meeting, I requested and was able to meet with Mayor Geagan, Jon Hohenstein and Russ Matthys at the site. I hope I was persuasive as to our concerns. As a result of that meeting, staff was going to look at other access opportunities that may be available we are hopeful a reasonable, less problematic solution can be found. Not optimistic that anything other than the two alternatives discussed above will be found, I write to you today to request that when you revisit this issue that you seriously consider the "re-leveling" as the only viable option to this situation. Granted, re-leveling costs more in pure construction dollars, but I fear loss to the usability of our property may make the extra construction dollars insignificant. This says nothing for the loss of a number of mature trees that we recognize would have to be sacrificed to this project. If the trail in front of our property absolutely must become reality, please inflict as little pain as possible on our successful Eagan business center and opt for the re-leveling option it is simply the right, fair and proper way to make this improvement. V IK Sin ere] l itzgerald l MEMO city of eagan TO: Mike Ridley, City Planner FROM: Russ Matthys, City Engineer DATE: February 26, 2004 SUBJECT: Cedarvale Highlands Trail/Sign On December 11, 2001, the City Council approved Project 759R, Beau D'Rue Drive (Cedar Grove Parkway), Street Improvements, including the construction of a trailway along the entire length of Beau D'Rue Drive (Cedar Grove Parkway). The Project 759R improvements were constructed as a part of Contract 01-05, Cedar Grove Access Modifications/ Redevelopment Area, except for the trail segment between Rahn Road and Nicols Road. The construction of the trail segment between Rahn Road and Nicols Road had the following issues that need to be addressed prior to or in conjunction with the trail construction. • Grading must occur along the Nicols Ridge development frontage to avoid the need for "temporary" retaining walls • Removal of all existing businesses and associated parking lots within the Nicols Ridge development frontage • Burying of all overhead utility lines for the entire segment between Rahn Road and Nicols Road • Grading of driveways, parking lot and construction of retaining walls along Cedarvale Business Center Discussions were held with the representatives of the Cedarvale Business Center and private utility companies to address the trail issues relevant to each party. Due to the lack of a timely resolution of the numerous issues that involved multiple parties for the construction of the trail segment between Rahn Road and Nicols Road, this portion was deleted from the plans for Contract 01-05. City staff has planned to complete the Council authorized trail segment in coordination with the grading of the Nicols Ridge development at a significant cost savings. Regardless of when the trail segment is constructed between Rahn Road and Nicols Road, the Cedarvale Business Center will need to provide temporary easements to allow construction activity upon their property, including the grading of the two driveways and parking lot. The trail would be constructed completely within the public right-of-way, but due to the lack of adequate or standard setback, and no setback at some locations, grading on private property will have to occur in order to reconstruct acceptable driveways. Condemnation of the temporary easements through the eminent domain process is an option in anticipation of the planned trail construction. It would be beneficial for the City to avoid acquisition of the easements through this process. ~'3 In the letter from John Fitzgerald dated February 13, 2004, reference is made to three alternatives for the grading of the parking lot associated with the trail construction. Alternate #I is the re- grading of the entire west end parking lot. This re-grading would allow the parking lot traffic flow to function as it currently does. It is Mr. Fitzgerald's preferred alternative. The cost difference between Alternative #1 and Alternative #2 is about $35,000, Alt #1 being the most expensive option. This cost estimate is for construction only and does not take into consideration the easement cost (Alt #1=31,250 sf, possibly $12,500; Alt #2=12,290 sf, possibly $4,920) or engineering, administration, etc. at $10,500 more for Alt #1. Alternate #2 would involve less re-grading of the west end parking lot, but would also alter the traffic flow pattern of the existing parking lot and may delete 3 parking stalls in order to maintain flow circulation. Mr. Fitzgerald is opposed to the change in the traffic flow and potential loss of parking stalls. Alternate #3 was discussed in the meeting with Mayor Geagan, Mr. Fitzgerald, Mr. Hohenstein and Mr. Matthys. It was suggested that a relocation of the western most driveway be considered. This suggestion was reviewed by the engineering consultant and staff, but was found to have a more significant impact on the loss of parking stalls and traffic flow. Other potential driveway locations had even less of a setback of the parking lot to grade within as well as being closer to the building. Please contact me if you have any questions or need further information 1 02/26/2004 16:16 6516870411 PAGE 02 CL+'17A1LI ILMm3 i 33USXr#73MO 3 CENTER G u9ra 11 MWE mom mm 1,11-iii-F EWE Omm ammi now MW =MR, I ® .mm mm mmi o COI ~a . 4 w. 1~' CL- -cis chi sR w~ V Q T -Ap •g qi n, e ~ 1 a o n r c.ra •b i Pole 21 \Vide J~ole / O~ City of Eagan Advisory Planning Commission Meeting Minutes November 25, 2003 Page 3 B. CONDITIONAL USE PERMIT & VARIANCE - CEDARVALE BUSINESS CENTER A Conditional Use Permit for a pylon sign and a Variance to the setback, located at 3902-3938 Cedar Grove Parkway in the NE Y4 of Section 19. City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated November 14, 2003. He noted the background and history. Richard Fitzgerald, Property Manager explained that a new sign is needed. He stated the tenant's names could be larger, however all tenant names need to be listed. He explained the proposed location and explained that the sign is needed because of the slope and trees in front of the building. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl asked how long the sign has been in the current location. Mr. Fitzgerald stated he is not sure how long the sign has been there, but he believes it is the original sign. He explained that the new sign would not be in the right-of-way and flower beds would be added to the landscaping around the new sign and in place of the existing sign. Chair Hey[ stated the proposed sign location is merited. She questioned why the tenant names are currently covered by the "for lease" sign. She also questioned the ability to read the proposed sign from the roadway. Member Hansen stated a lack of necessity for all tenant names to be on the sign. He stated concern that the traffic would possibly stop to read all the names. Member Gladhill agreed that a new sign is needed, however he stated the sign design is not appropriate or consistent with the area. Member Leeder agreed with Member Gladhill and suggested that the number of tenant names on the sign be limited. Member Steininger stated he is not concerned with the consistency of the sign with the Cedar Grove area. He stated he is not convinced there is a hardship to warrant a Variance. Member Bendt stated he does not feel that the property owner should be penalized for a decision that was made with development in the 1970's. Chair Hey[ stated a variance is justified at the proposed location. Member Steininger stated he would vote against the application because of the Variance. /~6 City of Eagan Advisory Planning Commission Meeting Minutes November 25, 2003 Page 4 Member Steininger moved, Member Bendt seconded a motion to recommend approval of a Conditional Use Permit for a pylon sign and a Variance to the setback, located at 3902-3938 Cedar Grove Parkway in the NE %4 of Section 19 subject to the conditions listed in the Staff Report. Member Gladhill stated this proposal would not be approved if it were a new development. He also stated that the proposed should not be approved under Community Shopping Center standards. Chair Heyl suggested an additional condition, limiting the number of tenant names on the sign, changing the sign design. Member Gladhill and Member Steininger recommended that the applicant resubmit the proposal when their concerns are addressed and City Staff has had a chance to review it again. Member Bendt stated the City has a responsibility to support the businesses in Eagan. He explained that the City collects taxes from the businesses; therefore they should allow them to have signs to draw business. Member Leeder agreed with Member Bendt. Member Steininger amended his motion to include an additional condition number 8. Member Bendt agreed with the amended motion. Member Steininger moved, Member Bendt seconded a motion to recommend approval of a Conditional Use Permit for a pylon sign and a Variance to the setback, located at 3902-3938 Cedar Grove Parkway in the NE % of Section 19 subject to the following conditions as amended: 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 90 days of approval. 2. A sign permit shall be obtained from the City prior to installation of the pylon sign. 3. The applicant must petition the City to vacate the drainage and utility easement 4. The drainage and utility easement vacation must be approved prior to issuance of the CUP, and if such vacation is denied, the sign shall be located outside of the drainage and utility easement area. 5. The existing free-standing sign shall be removed prior to installation of the pylon sign. 6. The pylon sign shall be located as shown on the site plan received by the City on October 15, 2003. 1002 City of Eagan Advisory Planning Commission Meeting Minutes November 25, 2003 Page 5 7. A curbed landscaped island shall be provided around the pylon sign within the parking lot. A landscape plan shall be submitted with the sign permit application for staff review and approval and shall be implemented with the installation of the sign. 8. A maximum of six tenants shall be listed on sign. A vote was taken. Aye: Chair Heyl, Steininger, Bendt, and Leeder. Nay: Gladhill and Hansen Motion carried 4-2. / ~61) 1 PLANNING REPORT CITY OF EAGAN REPORT DATE: November 14, 2003 CASE: 19-CU-16-10-03 19-VA-18-10-03 APPLICANT: Realty Designs, Inc. HEARING DATE: November 25, 2003 PROPERTY OWNER: Cedarvale Business Ctr. APPLICATION DATE: October 15, 2003 REQUEST: Conditional Use Permit & Variance PREPARED BY: Planning staff LOCATION: 3902-3938 Cedar Grove Parkway COMPREHENSIVE PLAN: SA, Special Area ZONING: CSC, Community Shopping Center SUMMARY OF REQUEST Realty Designs, Inc. is requesting approval of a Conditional Use Permit to erect a pylon sign, and a Variance of ten feet to the minimum required ten-foot setback for a pylon sign, at the Cedarvale Business Center located at 3902-3938 Cedar Grove Parkway in the NE'/4 of Section 19. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C, Evaluation Criteria, states that the Advisory Planning Commission shall recommend a conditional use pen-nit and the Council shall issue such conditional use permit only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be hannonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. /8'9 Planning Report - Cedarvale Business Center November 25, 2003 Page I- C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Advisory Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Variance: City Code Chapter 11, Section 11.50, Subdivision 3 states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. i Planning Report - Cedarvale Business Center November 25, 2003 Page 3 d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. BACKGROUND/HISTORY This mixed-use development was approved by the Eagan Town Board in 1973. The buildings consist of commercial uses on the ground level, and apartments above. The commercial and residential portions of the buildings are in separate ownership. The parking lot in front of the building along Cedar Grove Parkway is owned by Cedarvale Business Center, while the parking area to the rear is owned by Cedarvale Highlands Apartments. In 1998, the City initiated the Cedarvale Area Redevelopment Study to evaluate the area's potential to create a viable mixed use area that would utilize the area's innate advantages (highway visibility and accessibility) while maintaining compatible land use relationships with surrounding uses. Following the Study in October 2001, the City formally created the Cedar Grove Redevelopment Tax Increment Financing (TIF) District which was certified by Dakota County in December of 2002. The City approved a public improvement project in 2001 to realign the Silver Bell Road intersection with Beau d'Rue Drive (now Cedar Grove Parkway) and Hwy. 13 and the construction was completed in the summer of 2003. Also in 2003, the City established the CGD, Cedar Grove District, zoning district and rezoned many of the properties in the area to CGD. The Cedarvale Business Center is not part of the Cedar Grove Redevelopment District, nor was it rezoned to CGD. EXISTING CONDITIONS The site is developed with a mixed use, commercial below and residential above, development. There is currently a ground sign located off-site, in the public right-of-way, in the center of the site adjacent to Cedar Grove Parkway and parallel to the street. The site slopes down from the parking lot to the street, with a grade difference of several feet. The property line is slightly curved, while the curb line of the parking lot is not. The ends of the parking lot provide approximately ten feet of setback from the curb to the property line, while there is zero setback at the center of the parking lot. Because of the existing lesser parking setbacks along Cedar Grove Parkway, the drainage and utility easements that run parallel to the property line extend into the parking lot. Planning Report - Cedarvale Business Center November 25, 2003 Page y SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Commercial (offices & CGD, Cedar Grove SA, Special Area Cedarvale mall) District South Residential Apartments R-4, Apartments HD, High Density East Liquor Store CGD, Cedar Grove SA, Special Area District West Residential townhomes PD, Planned SA, Special Area and condominiums Development) Tanned EVALUATION OF REQUEST Compatibility with Surrounding Area - The Cedarvale Business Center is not part of the Cedar Grove T1F district, nor was it rezoned to CGD. The property retains the CSC, Community Shopping Center zoning. However, it is an integral part of the Cedar Grove area and while the property is not subject to the CGD zoning standards, continuity with development/redevelopment of other nearby properties that are within the CGD and T1F district is desired. Sign Code Requirements - The Sign Code defines pylon sign as "a business sign erected on freestanding shafts, posts or walls which are solidly affixed to the ground, and which projects more than seven feet above ground level. Pylon signs, when authorized, are considered a conditional use, as defined in the zoning chapter and are subject to all conditions, regulations and fees required for conditional uses." Performance Standards - The performance standards for pylon signs in the City's Sign Code are as follows: • No pylon sign may be located within 300 feet of any other pylon sign, measured on the same side of the street. • No pylon signs shall project more than 27 feet above the lot level, roadway level, or a specified point between the two levels as determined by the council. The level used shall be based upon visibility factors from the adjacent roadway(s). • No pylon sign shall exceed 125 square feet in area per side. Within the CGD district, freestanding signs are not to exceed 12 feet in height, and the sign must be located within a landscaped area or landscaped island. The sign must have a base constructed of the same materials and colors as the principal building, with a minimum height of three feet and a total sign are not to exceed 45 square feet per side. Proposed Sign - The applicant is proposing to remove the existing monument sign and place a pylon sign near the same location, but perpendicular to the street and property line. The existing monument sign is nonconforming and is located within the public right-of-way. The pylon sign 1 Planning Report - Cedarvale Business Center November 25, 2003 Page 5 would be located within the applicant's property, but would not satisfy the minimum 10-foot setback, therefore a setback Variance is also requested. The pylon sign would result in a net reduction of one parking stall. There are no other pylon signs within 300 feet on the same side of the street. The proposed pylon sign would also be located within the existing public drainage and utility easement. The applicant will need to complete a petition to vacate the easement so that a public hearing on the easement vacation can be scheduled, and the vacation would need to be approved prior to construction of the sign. Evaluation of Proposal - Staff has considerable concerns with this request. The proposed sign meets the Sign Ordinance performance standards in terms of size and height; however, the proposed location requires a setback variance and vacation of a public easement. Conditional Use Permit Evaluation Criteria The proposal does not appear to meet letters A and C of the Conditional Use Permit Evaluation Criteria which are reiterated below: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. The proposed sign provides a fourteen 9" panels for each of the tenants. Staff's concern is that this limited amount of space will not be easily discernible for motorists traveling along Cedar Grove Parkway. The strong likelihood is that motorists will be forced to slow down or even stop in the street in order to make their way through the laundry list of tenants to find the business they are seeking. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Staff does not believe the proposed sign will be compatible with the intended character of the general vicinity. Although the subject site is not zoned CGD, it is suggested here that the proposed sign should be consistent with the CGD design standards due to the proximity of the Cedarvale Business Center with the City's redevelopment area. As evaluated against the CGD freestanding sign provisions, the proposed sign has a seven foot high base, a total height of 20 feet, and an area of 96 square feet per side. The materials are proposed to match the building - the applicant's narrative, and the sign plans show, that "the sign will be painted brown to match the building, the brick will also match and the top of the sign is designed to look like the signs that we have over the businesses." With the exception of matching the principal building materials, the proposed sign is not consistent with the parameters in the CGD district for free-standing signage in terms of the base height, the total height and the sign area. 1~13 Planning Report - Cedarvale Business Center November 25, 2003 Page to Also, the proposed sign providing multiple tenant identifying panels will appear "cluttered" in addition to not being easily readable to passing drivers, as mentioned previously. Staff suggested that the applicant consider a sign design maximizing only the shopping center name. Under this scenario, the sign would be more readable and the tenants and landlord can identify the building as a destination rather than having customers try to distinguish one of many tenant names on one sign. Staff has discussed this concern and possible solution with the applicant and the applicant disagrees. Landscaping - The applicant's narrative indicates that two existing trees will be removed on either side of the proposed sign. The applicant notes that the trees are dying. The bed where the existing monument sign is located will be landscaped with flowers, and low-lying shrubs would be added bordering the parking lot. A curbed landscaped island should be installed around the base of the sign to protect both the sign and vehicles in the parking lot. Applicant's Narrative - The applicant submitted several photos with narratives attached explaining the placement of the sign and the variance request. The proposed location "is the best for visibility and requires the least amount of modification of the trees on the property Recently, the City's improved the street in front of the property and in so doing, a directional sign for the license bureau was removed. "The license bureau relies upon signage to direct people to their location" and the applicant states that a number of other tenants have also inquired about signage for their businesses. Additionally, the applicant believes that "this sign and its location will go very well with the look that the city is looking for redevelopment of the Cedar Grove area." SUMMARY/CONCLUSION Realty Designs, Inc. is requesting approval of a Conditional Use Permit to erect a pylon sign, and a Variance of ten feet to the minimum required ten-foot setback for a pylon sign, at the Cedarvale Business Center located at 3902-3938 Cedar Grove Parkway. The proposed sign satisfies Sign Code standards for height, size, and distance from other pylon signs. However, a setback Variance is requested, and the proposed location places the sign within an easement, which will need to be vacated before the sign can be constructed. Staff has raised concerns relative to the Conditional Use Permit Evaluation Criteria, the proposed sign design deviation from the CGD design standards, and safety issues associated with the "readability" of the proposed sign and the number and size of tenant identification panels provided. The proposed pylon sign exceeds the size and height limitations established for free-standing signs in the CGD district. While the property is not subject to the CGD zoning standards, continuity with development/redevelopment of other nearby properties that are within the CGD and TIF district is desired. Planning Report - Cedarvale Business Center November 25, 2003 Page 7 The suitability of the proposed sign and it's consistency with the Conditional Use Permit Evaluation Criteria is a policy decision for the Advisory Planning Commission and the City Council. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit, with a Variance of ten feet to the minimum required ten-foot setback, to erect a pylon sign at the Cedarvale Business Center located at 3902-3938 Cedar Grove Parkway in the NE 1/4 of Section 19. If approved, the following conditions shall apply: 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 90 days of approval. 2. A sign permit shall be obtained from the City prior to installation of the pylon sign. 3. The applicant must petition the City to vacate the drainage and utility easement. r 4. The drainage and utility easement vacation must be approved prior to issuance of the CUP, and if such vacation is denied, the sign shall be located outside of the drainage and utility easement area. 5. The existing free-standing sign shall be removed prior to installation of the pylon sign. 6. The pylon sign shall be located as shown on the site plan received by the City on October 15, 2003. 7. A curbed, landscaped island shall be provided around the pylon sign within the parking lot. A landscape plan shall be submitted with the sign permit application for staff review and approval and shall be implemented with the installation of the sign. ~s CONDITIONAL USE PERMIT REQUEST Cedarvale Business Center 3902 -3938 Cedar Grove Parkway We are applying for a_conditional use permit for the installation of a pylon sign. We would like to replace the monument sign on our property with a lighted pylon sign. We are proposing to install the sign in the center of the parking lot in the east to west direction and along the curb line toward the north of the parking lot. This will only take one of our parking spaces. We are asking to put the sign at the curb line because this location is the best for visibility and requires the least amount of modification of the trees on the property, and we already have power to this location to the existing sign. This does however put the sign very close to the property line and inside a drainage and utility easement. The City of Eagan has told me that they do not have any utilities within this easement; I hope that a search will show that there are no private utilities in this easement either. I do not believe that the location will interfere with any future location of easement; since the easement is covered by our parking lot. The current use of the property is a community shopping center with apartments above, and the surrounding property is mostly commercial and apartments. The area around us is slated for redevelopment and I believe there will be a similar mixture of property usages there as well. Our complex holds a number of businesses including a license bureau. Recently the city of Eagan has undertaken the redevelopment of this area. At some point during this process the sign that the license bureau had on what is now Cedar Grove Parkway (formerly Beau D' Rue Drive) for many years was removed at the request of the city. The license bureau relies upon signage to direct people to their location. A number of our other tenants have also inquired about a signage for businesses as well. We would like to install the sign in the spring of 2004. We will first remove the existing sign and the two trees that are dying, one on either side of the existing sign. We will then install the new pylon sign and later in the spring add a flower bed in the rock bed where the existing monument sign is, and add low lying shrubs bordering the parking lot. The sign will be painted brown to match the building, the brick will also match and the top of the sign is designed to look like the signs that we have over the businesses. I feel this sign and its location will go very well with the look that the city is looking for with the redevelopment of the Cedar Grove area. VARIANCE REQUEST Cedarvale Business Center 3902 -3938 Cedar Grove Parkway We are applying for a variance for the installation of a pylon sign. We would like to replace the monument sign on our property with a lighted pylon sign. Our complex holds a number of businesses including a license bureau. Recently the city of Eagan has undertaken the redevelopment of this area. At some point during this process the sign that the license bureau had on what is now Cedar Grove Parkway (formerly Beau D' Rue Drive) for many years was removed at the request of the city. The license bureau relies upon signage to direct people to their location. A number of our other tenants have also inquired about a signage for businesses as well. We are proposing to install the sign in the center of the parking lot in the east to west direction and along the curb line toward the north of the parking lot. This will only take one of our parking spaces. We are asking to put the sign at the curb line because this location is the best for visibility and requires the least amount of modification of the trees on the property, and we already have power to this location to the existing sign. This does however put the sign very close to the property line and inside a drainage and utility easement. The City of Eagan has told me that they do not have any utilities within this easement; I hope that a search will show that there are no private utilities in this easement either. I do not believe that the location will interfere with any future location of easement; since the easement is covered by our parking lot. The current use of the property is a community shopping center with apartments above, and the surrounding property is mostly commercial and apartments. The area around us is slated for redevelopment and I believe there will be a similar mixture of property usages there as well. We would like to install the sign in the spring of 2004. We will first remove the existing sign and the two trees that are dying, one on either side of the existing sign. We will then install the new pylon sign and later in the spring add a flower bed in the rock bed where the existing monument sign is, and add low lying shrubs bordering the parking lot. FINANCIAL OBLIGATION-I9-CU-16-10-03, Part of Lot 1, Blockl, Stryker Addition, 3902-3938 Cedar Grove Parkway There are pay-off balances of special assessments totaling $117 on the parcel proposed for the conditional use. At this time, there are pending assessments in the amount of $20,412 on the property for which the conditional use permit is requested. This pending assessment is related to Project 759R the reconstruction of Cedar Grove Parkway. The City staff recommends that approval of the conditional use permit be conditioned on the acceptance of the assessment of for Project 759R 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. The charges will be computed using the rates in effect at time of connection or conditional use. IMPROVEMENT USE RATE QUANTITY AMOUNT None Total Eagan Boundary Street Area lne Location Map Parcel Area Building Footprint r y J Subject Site a i v W -1 u c wu •ur F - sa F vb ~ x ~ ? a 4 ~ • ~ v is o 03 ,may ! 'asap _ I F JJ , I, FF ell a III no ''3 -3 ' aw 1000 0 1000 2000 Feet Development/Developer. Cedarvale Business Center Application: Conditional Use Permit and Variance Case No.: 19-CU-16-10-03 and 19-VA 18-10-03 / l Map Prepared using ERSI Are View 3.1. Parcel base map data provided ! ! ! N by Dakota County Off-ice of GIS and is currant as of June 2003. W E J11kct-Vas an THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S Comnwnlty Dev.loprnent D.partniant not responsible for errors or omissions. tot- C 11 CEDARVALE BUSINESS CENTER CMI NIFT M NTFo aRowK ro MATC[4 V BUiLNUG f Cj'DA2VACFZ Bt1%(Ns5 o7m-mQ IS O IN C- Z E N To M ATcq ¢ 1 h E~Ktsr o& 6(6t4s Bu<<o r . o O N ~ I Dom; 31RICK To MATCH 5U(i-OWG. J O C3 r o d e ~.IDJC~ I ~DC~ ~ P ~ o i°o of I ~ ~ I .'7 G o pi i✓=J O j i NW 'ue0e3 wawa. <:VI ( NOLLIGO d HA'A us ' l X10019 ' L 30l ) (wfT1[(I1919J must wv'+nlan agar J ~~`ti'aS U IHINH3 SSaMIsns 5F'IVAUVGa3 >,pJO, •Q Ja.Crt,~ :JoJ ¢anmg uo!leoo i puE AjEpunog :AU pasedazd 2 g b 71s s~33 n X01 $ I~5 3' 11 11 11 ] '17. JIM . $$p d a ~ U; U~ a'll` ~a"~~ 3 11H. 1 aka' x u ~ - I •'11i $11 Y~. . _ as 311 ~ } ~ } I I4 I ^I + ° s I Imo. d' i 1 m' z 1 i ~ ~ ,.aeti ~aa JI w wr u~ J _ p-m« a . X 40 425dvd I • l u A 1++ NO, it)i I to A!~§},J II 3..~i. ~.w• ;I lis, S r U 14 a G I-' u- l S ~ 31i w 9 _4 3 ~ V 41 Mv~ m a' I1 r L' tt.9 3 I p t na 1R I x } o ~p ~ 4 N ¢ y s W I { :.a 3.00 pa.9£s m a I i s o00 I ! I ~ n. x ~ t ~ ~ ♦ ~ v a '4 C! 1 \ GAM a r w i• IOSAZ M,00,,izAr N-µ x.al a' wa t Y; 1 T la r~ I? yF ...E ~ lYe Y...-n+w~* ysJ 1 F .i ' r Hb . r r r- wr ~a ry v .r. } - - a u Picture of the entrance on the west end of the parking lot. This picture shows how the sign if located in the island on the far west of the parking lot would not be seen by vehicles approaching from the west. This also shows the two trees that are dying and that would be removed to accommodate the new sign. It is easy to see how the central location of the sign would have more visible from this direction. If the sign were located on the island at the east end of the lot that it would not be seen by traffic approaching from this direction until it was to late to make a turn into the driveway. C?)O O, T4 r 2 r~1r t~ .:M • III r Fill II J I } a r Picture of west entrance and island. This picture shows the island on the western end of the parking lot; one of the location that would allow us to install the sign without encroaching on the drainage and utility easement. This location will not work because traffic coming from the west would not be able to see the sign except for maybe a brief second as they passed it or in their rear view mirror after they have passed it. This picture also shows the approximate location of the License Bureau's sign that they were forces to remove, the sign was located between the stop sign and the light pole on the left-hand side of the picture. a63 ~ 11 4 s ~ i 1 it I x Picture of the center of the parking lot. This picture shows the location of the monument sign that we want to replace with a pylon sign. The picture also shows the two dying trees (the dying trees are the two that have the yellow and orange leaves, it is hard to see but there are many branches that have no leaves and these branches have been increasing in number) that we will be removing along with the existing sign when we install the new sign. As you can see from this picture and the others, the visibility at this location it the best from both directions, and we are asking that the sign be located at the curb line which puts the sign inside the drainage and utility easement. I have checked with the City of Eagan and they do not have any utilities within this easement and I do not foresee any future utilities being located in this area since it is currently covered by our parking lot. 00(/- Yom. . _ . . .arc ~a~= s.. w r- 1r .r 1 i ~v 01 y~~t'!~ raw `r?-.~:,qi ~Y ~_'~f- LL j--_.. ~^'f"" All, Picture of existing monument sign. This picture of the existing sign shows how much a new sign is needed. The current sign is not very pleasing to the eye; but the location is good. We are proposing that we locate the new pylon sign directly behind the existing sign, and are asking to place the sign near the curb line. This locates the sign inside the utility and drainage easement but it keep the sign inside our parking lot, we only loose one parking space, and if it is kept close to the curb we can minimize the impact on our parking lot and it's traffic flow as well as maximize the visibility of the sign. In addition to the removal of the existing sign and installation of the new one we will be adding some landscaping to the site. I feel the using the existing rock bed for the planting some flower as well as adding some well spaced shrubs along the curl line would enhance the look of the center as well as keep the sign line of the sign open. ~ 0 s5:: `~{i:7 ~ .nr R S ' Picture of the east entrance to the parking lot. This picture shows the entrance at the east end of the parking lot. As you can see from this picture a driver coming from the west would be past the second driveway before they could see the full sign if it were to be located in the island at this end of the parking lot. You can also see the proposed location of the Pylon sign, the dying trees and the existing monument sign. This picture also shows that the new location of the sign needs to be near the curb line of the parking lot. With the removal of the two trees the sight line is very good and only one branch of the large shade trees will need to be trimmed to allow for even better visibility. If the sign has to be pushed back ten feet from the edge of the parking lot to accommodate the set back requirements and to stay outside of the drainage and utility easement then the visibility would not be good from either direction. i I ~eQ III a 4R 1. j II ~i f i Picture of the east end of the parking lot. This picture is taken from the corner opposite our building at the intersection of Cedar Grove Parkway and Rahn Road, you can see the island on the east end of the parking lot, the existing sign, the dying trees and the proposed location of the new sign. As you can see locating the sign in the island at this end of the parking lot creates a couple of problems with visibility. The first problem it that the bottom portion of the sign will be hidden by the tree on the near side of the driveway. The second problem is that the large trees along Cedar Grove Parkway hide the sign from the view of any vehicles approaching from the west. If however the sign is placed in the center of the parking lot and at the edge of the parking lot the visibility is very good. You can also see that if the sign were located in the island on the other end of the parking lot the sign would not be seen until it was to late to make the turn in. D Agenda Information Memo March 1, 2004, Eagan City Council Meeting C. CONDITIONAL USE PERMIT - SOWLES PROPERTIES ACTIONS TO BE CONSIDERED: To acknowledge Sowles Properties is withdrawing this application FACTS: • On February 25, 2004, Larry Sowles submitted a letter requesting withdrawal of the current application and asked that the same matters be addressed with the Interim Use Permit Application, that is scheduled to be heard by the APC on March 23, 2004. 60 DAY AGENCY ACTION DEADLINE • March 18, 2004 - a waiver has been signed ATTACHMENTS (1): Letter from Larry Sowles - / D~ SOWLES PROPERTIES LIMITED PARTNERSHIP VALLEY BUILDING PRODUCTS CO. 3045 HIGHWAY 13 EAGAN, MINNESOTA 55121-1602 February 25, 2004 FEB Mr. Jon Hohenstein CITY OF EAGAN 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Re: Conditional Use Permit Application Dear Jon, We hereby withdraw our Conditional Use Application dated November 17, 2003 and ask that the same matters be addressed in our Interim Use Permit Application dated February 18, 2004. Feel free to call should there be any questions. Sincerely, #-64. Laurence H. Sowles Direct 651.287.9796 C~ O Agenda Information Memo March 1, 2004, Eagan City Council Meeting VII. NEW BUSINESS A. CONDITIONAL USE PERMIT - EAGAN DENTAL ACTIONS TO BE CONSIDERED: To approve (OR to direct findings of fact for denial) a Conditional Use Permit to allow a dental clinic within a Business Park Zoning, at property located on Lot 1, Block 2, Lexington 2nd Additions; subject to the conditions in the Advisory Planning Commission minutes. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • City Code requires a Conditional Use Permit for health care facilities in the Business Park zoning district. • The applicant is proposing to construct a 4,253 square foot office building. • Hours of operation are anticipated to be from 7:00 am to 5:00 pm Monday through Friday, a typical day will have 35 patients. • The proposed dental facility meets all the Business Park zoning requirements. • The Advisory Planning Commission held a public hearing on February 24, 2004 and is recommending approval subject to the conditions in the APC minutes. 60 DAY AGENCY ACTION DEADLINE • March 22, 2004 ATTACHMENTS (2): Advisory Planning Commission Minutes page(s),afl Planning Staff Report pageshroughA?01 a~~ Eagan Advisory Planning Commission Meeting Minutes February 24, 2004 Page 2 A. CONDITIONAL USE PERMIT - STRAPKO ARCHITECTS, LTD Conditional Use Permit to allow a dental facility in a Business Park zoning district on Lot 1, Block 2, Lexington 2nd Addition, located on Northwood Parkway and Northwood Drive in the SE % of Section 10. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated February 12, 2004. She noted the background and history. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Jim Strapko displayed building material samples. Member Gladhill asked about the detached trash enclosure described in the Staff Report. Mr. Strapko explained the location of the refuse enclosure as the northwest end of the parking lot. He also stated matching building materials would be used. Member Bendt asked how far below grade the parking lot would be. Mr. Strapko explained that the parking lot would be at the same elevation as the street and the main floor of the building. Chair Heyl stated the design and, use are very appropriate for the site and welcomed the development. Member Steininger moved, Member Leeder seconded a motion to recommend approval of a Conditional Use Permit to allow a dental` facility in a'Business Park zoning district on Lot 1, Block 2, Lexington 2nd Addition, located on Northwood Parkway and Northwood Drive in the SE % of Section 10 subject to the following conditions: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. All signage is subject to the City's Sign Ordinance. 3. The trash enclosure shall be constructed of materials to match the principal building. 4. Site development shall be in accordance with the Site Plan dated 1/21/04. 5. The building design shall be in accordance with the Exterior Elevation Plan dated 1 /21 /04. All voted in favor. Motion carried 6-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: February 12, 2004 CASE: 10-CU-02-01-04 APPLICANT: Eagan Dental HEARING DATE: February 24, 2004 PROPERTY OWNER: Lexington Eagan LP APPLICATION DATE: January 22, 2004 REQUEST: Conditional Use Permit PREPARED BY: Sheila Cartney LOCATION: Lot 1, Block 2, Lexington 2nd COMPREHENSIVE PLAN: SA, Special Area ZONING: BP, Business Park SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow a dental clinic within a Business Park zoning district, on property located on Lot 1, Block 2, Lexington 2nd Addition in the SE'/4 of Section 10. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Planning Report - Eagan Dental February 24, 2004 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The property was platted in 1998 as part of Lexington 2nd Addition. The applicant is an existing Eagan Business, currently located at 1340 Duckwood Drive. EXISTING CONDITIONS The subject property is vacant and 5.2 acres in size. There is a pond and wetlands present which are surrounded by steep wooded slopes. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Office Warehouse BP, Business Park SA, Special Area South Multi-family PD, Planned SA, Special Area residential Development Area East Office Warehouse BP, Business Park SA, Special West Retail PD, Planned SA, Special Area Development a ~3 Planning Report - Eagan Dental February 24, 2004 Page 3 EVALUATION OF REQUEST Compatibility with SurroundingArea - Business Park districts are intended to accommodate development of low intensity office, light industrial and supporting commercial service uses that may be suitable in relative close proximity to non-industrial development. Health care facilities are a conditional use within the Business Park zoning district. The proposed use appears to be compatible with the surrounding uses based on the Zoning designation and the Comprehensive Land Use Plan Designation. Site Plan - The applicant is proposing to construct a 4,253 square foot office building for Eagan Dental Associates. Dental care will be provided by two dentists and eight staff. The anticipated hours of operation are from 7:00 am to 5:00 pm Monday through Friday. On a typical day, the office will serve about 35 patients, according to the applicant. Building Coverage - The Zoning Ordinance allows a maximum of 40 percent building coverage. According to the Site Plan two percent of the lot will be covered by buildings. Green Space - The Zoning Ordinance allows a minimum of 25 percent green space. According to the Site Plan, 91 percent of the lot will be green space. Building Setbacks - A 20 foot side and rear setback are required and a 40 foot front setback and 50 foot setback from adjacent property guided for residential. All of these setbacks are met or exceeded. Parking Setbacks - A 20 foot front setback and a five foot side yard setback is required for parking. The Site Plan indicates the parking setbacks are met. Building Height - Building height is limited to 40 feet, the submitted plans indicate the building height is approximately 24 feet. Landscaping - The submitted Landscape Plan is acceptable. The plan incorporates existing trees with proposed trees and shrubs. The Landscape Plan indicates the sodded areas have irrigation. Building Materials - The Exterior Elevation Plan indicates a mixture of finished materials. The siding is proposed to be fibercement, painted tan, the fascia an soffit are proposed to be brown, the exposed foundation is proposed to be rock-face concrete block (brown in color), the windows are proposed to be metal clad wood (green in color). Overall, the building materials and color appear to be compatible earth tones. Parking -Based on the parking requirement of one parking space fore each 150 square feet of gross floor area, 28 parking stalls are required for this site. The site plan indicates 28 parking stalls and 3 proof of parking. a~ Planning Report - Eagan Dental February 24, 2004 Page 4 Trash Enclosure - The trash enclosure is proposed to be detached and located at the northwest side of the parking lot. Business Park zoning district allows the enclosure to be detached. The enclosure meets principal structure setbacks. The trash enclosure shall be constructed of materials to match the exterior of the principal building. En ins eerie Issues ssues - Engineering issues will be addressed at the time of building permit. Tree Preservation - A tree mitigation plan was submitted and reviewed by staff, any issues will be addressed with the building permit, and the plan appears adequate. Parks and Recreation - A cash park and trail dedication is due at the time of building permit. SUMMARY/CONCLUSION The applicant is requesting approval of a Conditional Use Permit to allow a medical facility within a Business Park zoning district. Eagan Dental is proposing a new dental office on vacant land east of Promenade Avenue, south of Northwood Parkway and west of Northwood Drive. The dental clinic is proposed to be open from 7:00 am to 5:00 pm Monday through Friday. The clinic has two dentists and eight additional staff. It is expected that the clinic will see 35 patients a day. The proposed site plan appears to meet the Business Park zoning standards. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow a dental facility located on Lot 1, Block 2, Lexington second addition, in the SE'/4 of Section 10; subject to the following conditions: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. All signage is subject to the City's Sign Ordinance. 3. The trash enclosure shall be constructed of materials to match the principal building. 4. Site development shall be in accordance with the Site Plan dated 1/21/04. 5. The building design shall be in accordance with the Exterior Elevation Plan dated 1/21104. FINANCIAL OBLIGATION-10-CU-02-01-04, Lot 1, Block 2, Lexington 2nd Strapko Architects There are pay-off balances of special assessments totaling $62,225 on the parcel proposed for the conditional use. At this time, there are no pending assessments on the property for which the conditional use permit is requested. 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. The charges will be computed using the rates in effect at time of connection. IMPROVEMENT USE RATE QUANTITY AMOUNT None Total a.l~ JAMES A. STRAPKO, ARCHITECT, LTD. 4157 Minnehaha Avenue South, Minneapolis, MN 55406 (612) 729-4112 fa>c 729-4B31 Conditional Use Application - Narrative Dental Office Building Ea~c an Dental Associates Issu 01-21-04 Development Proposal Eagan Dental Associates proposes to develop a parcel bounded by Promenade Avenue on the west, Northwood Parkway on the north, and Northwood Drive on the east. This parcel is 5.2 acres in size including a pond and wetlands, surrounded by steep wooded slopes. The proposed development involves constructing an office building and associated parking and landscaping for use by Eagan Dental Associates. Eagan Dental Associates is a dental practice owned and operated by Todd M. Thomas, DDS and Loren J. Taple, DDS. Currently Eagan Dental Associates is located in an office building at 1340 Duckwood. Dr. Thomas and Dr. Taple have provided dental care to the surrounding community for more than 13 years. To accommodate the growth of their practice, they intend to develop a new building exclusively for their office at the Northwood Parkway site. They are planning to pursue City approvals, complete design, and begin construction in 2004. Completion of construction and occupancy are scheduled to occur early in 2005. In the proposed building, Eagan Dental Associates will offer dental care services involving 2 dentists and 8 staff. Anticipated hours of operation are 7:00 am to 5:00 pm on Monday through Friday. During a typical day, Eagan Dental Associates will serve approximately 35 patients. Existing Conditions The site is currently vacant. The zone is Business Park; the land use designation, Special Area # 4. Surrounding properties are zoned similarly: Business Park zoning occurs on the west, north and east property lines. Planned Development zoning occurs to the south, where multifamily residential structures have been developed. A nearby commercial landmark is the Home Depot west and north of the site. Impact on Surrounding Properties Within the Business Park zone, Healthcare services are a conditional use. Services provided by Eagan Dental Associates are defined by the Ordinance as healthcare. The dental office proposed for this site will be in operation primarily during daytime business hours and will not generate an excessive amount of traffic. The site design illustrates a single driveway to office parking located along Northwood Parkway across from Northwood Circle. This means traffic from the dental office will travel by Northwood Parkway to Lexington Avenue and Yankee Doodle Road. The location of the building and parking in the north portion of the site places the pond and wooded hillside between the dental office and the multifamily residential development along the south property line. Grading, Tree. Preservation, and Landscape Plans illustrate significant trees and landforms will be maintained as part of the buffer along the property line shared with residential neighbors as well as other property lines. Preservation of trees and landforms along with the relatively small size of the office will minimize its visual impact on properties to the south. Summary Approving the proposed dental office, defined as a conditional use in the Business Park zone, will result in a relatively low-impact use that will buffer residential properties to the south from more active commercial properties to the north along Northwood Parkway. In this way, the proposed dental office will comply with zoning requirements and will convert a relatively small portion of this property to a productive use. -E, 3 Eagan Boundary Location Map A/ Street Centerline Parcel Area Building Footprint J8 b'd - r I °M E o M 1 - o ® 1~ a - me. so Subject Site 4T J 2 M1'.` ice. } e Q 7 r t o eo VET os e® 000 0®0 _ r ~o=3 . ~q Ira 1000 0 7000 2000 Feet Development/Developer. Eagan Dental Application: Conditional Use Permit Case No.: 10-CU-02-01-04 f~ Map Prepared using ERSI ArcView ].t. arce base map data provided N by Dakota County Office of GIS and is current as of January 2004. Clt of eoc~an THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E v The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Eagan Dental Land Use Map Case No. 10-CU-02-01-04 Zoning Map SP i PD 1 Current Zoning: SP BP Business Park r n J e y PD,~y L ~i Cr - ~ coo 0 goo 1200 het 0 Comprehensive Guide Plan BP - - - - Land Use Map 0, IND Current Land Use Designation: SA SA - I J 1~ SA l Special Area SA q, e ® SA 600 0 fo0 1208 Feet 04 Parcel base m information Pro 'dedb eta County Land Survey Departmerl Juno 2002. N 2ordn anon maintained byCity Staff Ojai. City of Eagan W E 2, THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. S Ltn_R[ (21.) 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PLANNED DEVELOPMENT AMENDMENT - SILVER BELL COMMONS ACTIONS TO BE CONSIDERED: To approve (OR to direct findings of fact for denial) a Planned Development Amendment to allow limited retail sales, at property located at 2015 Silver Bell Road; subject to the conditions in the Advisory Planning Commission minutes. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • The site is zoned Planned Development allowing office/showroom/warehouse activities. • According to the PD Agreement retail sales are prohibited. • Proposed Retail use is limited to the south side of the building (facing HWY 13). • Each tenant is allowed to have 25 percent of leased space as retail, limiting the entire building to 12.5 percent retail. • Signage must be consistent with original PD. • The Advisory Planning Commission held a public hearing on February 24, 2004 and is recommending approval subject to the conditions in the APC minutes. 60 DAY AGENCY ACTION DEADLINE • March 21, 2004 ATTACHMENTS (2): Advisory Planning Commission Minutes page(s)eg v~2 3 Planning Staff Report pageshrough.1.3,1 aaa Eagan Advisory Planning Commission Meeting Minutes February 24, 2004 Page 3 B. PLANNED DEVELOPMENT AMENDMENT - DUKE REALTY CORPORATION A Planned Development Amendment to allow limited retail on Lot 1, Block 1, Silver Bell Commons, located at 2015 Silver Bell Road in the SE % of Section 18. Chair Heyl stated she would be abstaining from voting on this item. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated February 17, 2004. She noted the background and history. Bob Smith, Development Manager described the Silver Bell Commons building. He discussed the various limited retail uses of the tenants in the shopping center. He stated himself; along with City Staff do not want window signage or advertisement outside of the building (example: advertisement in the parking lot). Vice Chair Bendt opened the public hearing. There being no public comment, Vice Chair Bendt closed the public hearing and turned the discussion back to the Commission. Member Gladhill suggested adding condition number 7. to state no window signage will be allowed. Member Bendt stated the building is attractive, the limited retail is appropriate at this location and he is in favor of the proposed amendment. Member Gladhill moved, Member Leeder seconded a motion to recommend approval of a Planned Development Amendment to allow limited retail on Lot 1, Block 1, Silver Bell Commons, located at 2015 Silver Bell Road in the SE Y4 of Section 18 subject to the following conditions as amended: 1. The Planned Development Amendment Agreement must be signed and recorded. 2. The retail use shall only be in areas designated on the site plan received January 21, 2004. 3. Within the designated area, no single tenant space shall have more than 25 percent of the lease space devoted to retail sales. 4. The retail use shall be limited to 12.5 percent of the entire building. 5. Signage is limited to the sign criteria as depicted on sign exhibit B. 6. All other conditions of the original Planned Development apply. 7. No window signage will be allowed. All voted in favor. Motion carried 6-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: February 17, 2004 CASE: 18-PA-01-01-04 APPLICANT: Bob Smith HEARING DATE: February 24, 2004 PROPERTY OWNER: Duke Realty APPLICATION DATE: January 21, 2004 REQUEST: Planned Development Amendment PREPARED BY: Sheila Cartney LOCATION: 2015 Silver Bell Road COMPREHENSIVE PLAN: IND, Industrial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow limited retail use for a portion of the building, located at 2015 Silver Bell Road, in the SE'/4 of Section 18. AUTHORITY FOR REVIEW Chapter 11, Section 11. Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY In 1998 a Final Planned Development agreement was executed for the subject property. The Planned Development limited the use of the property to office/showroom/warehouse activities. Retail sales are prohibited according to the Planned Development agreement. A violation of the Planned Development agreement has prompted this PD Amendment. A wholesale office furniture sales company was allowing (and advertising) walk in sales to the Planning Report - Silver Bell Commons PD Amendment February 24, 2004 Page 2 public. There are similar tenants that wish to provide retails sales ancillary to their primary business. EXISTING CONDITIONS The site is currently developed with a 235,000 square foot office showroom type building. Parking is established around the perimeter of the building with loading and service in an internal truck court. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Vacant I-1, Limited Industrial IND, Industrial East warehouse I-1, Limited Industrial E\D, Industrial South Highway 13 ROW West Office PD, Planned SA, Special Area Development EVALUATION OF REQUEST The Planned Development Agreement regulates the uses associated with the subject property. The uses are limited to office/showroom/warehouse activities. Retail sales are not permitted. The property is guided as Industrial, the Limited Industrial zoning district does not allow for retail uses, but allows wholesaling and related sales or showrooms. The applicant is requesting to allow retail uses ancillary to the primary uses of the tenant. The retail use will only be permitted for tenants in the front half of the building (south side facing Highway 13). The retail use is limited to 25 percent of any tenant space in the designated area of the building, which would allow a total of 12.5 percent of the total building area to have retail uses. SUMMARY/CONCLUSION The applicant is requesting approval of a Planned Development Amendment to allow limited retail sales only for tenant space located on the south side of the building. The retail uses would be subsidiary to the tenant's primary use. Each tenant is limited to 25 percent of retail space, which is 12.5 percent of the entire building area. has' Planning Report - Silver Bell Commons PD Amendment February 24, 2004 Page 3 Many of the tenants have limited retail associated with the business, which prompted the Planned Development Amendment. The property is guided Industrial, the Limited Industrial zoning does not allow retail sales, but allows wholesaling and related sales or showrooms. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow limited retail sales as an ancillary use to tenants on the south side of the building. If approved the following conditions shall apply: 1. The Planned Development Amendment Agreement must be signed and recorded. 2. The retail use shall only be in areas designated on the site plan received January 21, 2004. 3. Within the designated area, no single tenant space shall have more than 25 percent of the lease space devoted to retail sales. 4. The retail use shall be limited to 12.5 percent of the entire building. 5. Signage is limited to the sign criteria as depicted on sign exhibit B. 6. All other conditions of the original Planned Development apply. a~~ Application for Zoning Amendment Project title: Silverbell Commons Project location: The project site is located on the northeast corner of the intersection of Silverbell Road and State Aid Highway 13. Building Address: 2015 Silver Bell Road Eagan, MN 55121 Legal Description: Lot 1, Block 1 Silver Bell Commons. PID: 10-68200-010-01 Zoning: Current: PD, Planned Development District, Underlying: 1-1, Limited Industrial. Applicant: Duke Realty Corporation Contact person: Bob Smith, Development Manager 1600 Utica Ave S. St. Louis Park, MN 55416 Direct: 952.543.2989 e-mail: bob.smith@dukerealty.com Request: Duke Realty Corporation is requesting a zoning amendment of the existing PD - Planned Development district to allow limited retail use ancillary to the primary use of the tenant in this building. This limited retail use would be permitable only on the front half of the building (south side, facing Highway 13) based on 12.5 percent of the entire building. This request for limited retail will have prorated square footage limits on each tenant and use restriction to allow Duke and the City to provide proper controls on tenanted uses. It is not the intent of Duke to allow retail-shopping tenants such as a drug store, hardware store, hobby store, dairy or quick stop type stores, etc. Ordinance requirement: In 2003, a tenant, "Swingles" was cited under City Code Section 11.60, "land use violation". "No retail sales shall be permitted. Pursuant to Exhibit A, of the "Final Planned Development Agreement, Lot 1, Block 1, Silver Bell Commons": (1.) No retail sales shall be permitted. (2.) Use of the structure shall be limited to office/showroom/warehouse activities. (See attached development agreement). Silverbell Commons, zoning amendment January 21, 2004 n ""a7f•,1~,^°r.•-,•, ,nod n 7 ~f?I;~ Background information: This land was subdivided and rezoned to PD - Planned Development in August 1998; the building was constructed and put into service with acceptable uses of industrial office/showroom/warehouse in 1999. The building faces 3 streets: Highway 13 on the south, Silver Bell Drive in the West and Kennebec Drive on the North. The land on the west side of Silverbell is zoned PD with primarily office show room use. The vacant land north of Kennebec Drive is zoned industrial. The land abutting east of Silverbell Commons is also zoned PD with industrial use. Situation requiring the zoning amendment: Because this building has full highway exposure and a full four-way traffic signal at Silverbell and Highway 13 the build has evolved through changing leases into an office showroom facility with limited retail sales. Swingles is a wholesale office furniture sales facility that periodically has off the street buyers on a retail basis. This retail sale of merchandise is ancillary to the primary approved use of show room. Similarly to a gymnastic school selling leotards, hockey school selling pucks and sticks, or a batting cage facility selling balls and bats to its users. Individual Tenant use areas: It is intended that the total retail square footage be divided on a prorated basis between each tenant on the south half of the building and that no single tenant take the entire 12.5% of the building equal to 29,390 SF of the total building of 235,120 leaseable square footage. By prorating the area between the tenants based on their leasehold square footage the City will be further ensured that a single retail use such as a drug store could not be a tenant. Two examples: 1) "Swing les" presently holds 16,833 SF; their maximum retail use area could be 4,208 SF or 1/25 of their area. 2) If there were 8 tenants of differing square feet on the south half of the building, each would receive a retail use area no greater then their leaseable square footage divided by 25%. Because each leasehold square footage area will change as tenants change over the life of the building it will be difficult to assign a specific square footage to each build out space. Signage: It is the intent of Duke Realty to maintain the same sign restrictions this building and it tenants, per the attached exhibit B, and Duke hanging lease banner signs. It is the intent of Duke Realty to prohibit painted window signs advertising merchandise for sale, and inflatable parking lot "action figures" such as inflatable gorillas, inflatable balls, etc. TIF district: This land and building are currently part of the Cedarvale Tax Increment Finance District. That district is based on building value only and not on employment or use criteria. Changes in employment or this zoning amendment will not affect the TIF district. Silver Bell Commons data Building leaseable square footage: 235,120 SF South half of total 117,560 SF 12.5% of total building 29,390 SF (south half of building) Silverbell Commons, zoning amendment 0 January 21, 2004 1 ~ Eagan Boundary Street Centerline Location Map Parcel Area _J Building Footprint y► s•D' ~ P rD~i1(Yb~ i ~ A 1 •t ~,r ~ 43 Subject Site ® 0 y "arm e ~ - 4 ely9 f 4~®g D p . i_ 9 d' ~ a 'z 9 D o 0 p m Q B L l o 4~ © a m 4 100D 0 1000 2000 Feet Development/Developer. Duke Realty Application: Planned Development Amend t Case No.: 18-PA-01-01-04 e 200 fJ t s a Map Prepared using ERSI mew 3.7. Parcel b p data provided N by Dakota County Office of and f ac of January 2004. (G•~~~,~(y~'ognn THIS MAP IS INTENDED FOR REFERENCE USE ONLY Ci1. W E v of e The City of Eagan /I + and Dakota County do not guarantee the accuracy of this information and are S Community Development Depart-t not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Duke Realty Land Use Map Case No. 18-PA-01-01-04 Zoning Map v 11- 3" PD 'OP. Current Zoning: PD t s~ d PD CGD f~ R 4 Planned Development y C D - ~J - ® R-4 m !1 m [ goo 0 900 1200 F..t K' a d t Comprehensive Guide Plan IND - lV MD' Land Use Map a IND F HD a HD" SA SA Current Land Use Designation: HP IND Industrial s 13 HD S P e Goo 0 Soo 1500 F..t A 0 m Aft- Preel base ma {nlormation provid-~y D County Land Surwy Dep---- Jun- 2007. N ont ~y(O.tttlR on msintained byCity StaFL 'f City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. S W z o N p z j N r N m go ~ Q z n a ~ J ~ LL= a W m = LU ~ M m W 4u 02 d' M y O N IQY fa ~ Z < W 6:a a = r ; Q-A] ilk o 96 ^ ; W .3 t" C W a m 0J Q~ J 4 F 0 ~ C F U) gt 5 Z 0 e N W OW OJy W Vm2 o J Z • ♦ x~ ♦ JWM mya m : W a r ~ N R J 13 D s LU 9 ~ .ems s o 0 W Q IQ Z 2 V W n S/L VER BELL ROAD z _O IL III a p Ja , L N O { ' 72 O g$~e C C E~ ~`o T v C J Eat 5 y N co w 8 s et c a co Co C Q c C3 S Q O U N egt~ .y LONJ N 'O y L M .1 O O5' C co 1 T~ rCQL FBI = m U U O $e N u T J PQ s S S m S- a Lai a V; i m sSCs .C M Egg Rt7 C- m - sN ~ 0 ~=~SL^nc~4 ~ .sa V ~z _ J.„ N Q C - CD (D LU U _j CO ~cr c~0 m _ Zg CL U M C)64 CO Tie N J Q~° W M. L z = o v ~ W¢ LY C~ T o C/)T U wN ° T W AQ Y N ~ LU ~ w m ~ m AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER MARCH 1, 2004 1. CALL TO ORDER II. ADOPT AGENDA pt.3y III. APPROVE MINUTES IV. OLD BUSINESS V. d NEW BUSINESS pa,30 A. Resolution Approving Purchase Agreement for City Acquisition of 1 Property for Redevelopment, Northeast Eagan Redevelopment District, Mary Imre/TMI Coatings Property, 2805 and 2809 Dodd Road, and Related Stipulations and Relocation Agreements VI. OTHER BUSINESS VII. ADJOURNMENT 33 Agenda Information Memo Eagan Economic Development Authority Meeting March 1, 2004 1. CALL TO ORDER ACTION TO BE CONSIDERED: To recess the regular City Council meeting and convene a meeting of the Economic Development Authority. II. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. III. APPROVE MINUTES ACTION TO BE CONSIDERED: To adopt a resolution approving the minutes of the January 20, 2004 EDA meeting as presented or modified. ATTACHMENTS: • Enclosed on page' is a copy of the minutes of the January 20, 2004 EDA meeting. • Enclosed on pages is a copy of the resolution approving the minutes of the January 20, 2004 EDA meeting. a3 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota January 20, 2003 A meeting of the Eagan Economic Development Authority was held on Tuesday, January 6, 2004 at the Eagan Municipal Center. Present were President Geagan and Commissioners Carlson, Fields, and Maguire. Also present were Executive Director Tom Hedges, City Planner Mike Ridley, Director of Public Works Tom Colbert, Community Development Director Jon Hohenstein, City Attorney Mike Dougherty, Administrative Secretary / Deputy Clerk McGarvey. ADOPT AGENDA Commissioner Tilley moved, Commissioner Maguire seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Tilley moved, Commissioner Fields seconded a motion to adopt a resolution approving the minutes of the January 6, 2004 EDA meeting as presented. Aye: 5 Nay: 0 OLD BUSINESS RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT AGREEMENT RELATING TO TAX INCREMENT FINANCING DISTRICT NO. 1 BETWEEN THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND U.S. HOME CORPORATION Community Development Director Hohenstein made a presentation regarding the restated development agreement relating to Tax Increment Financing District No. 1. Commissioner Fields moved, Commissioner Maguire seconded a motion to approve a Resolution Approving Amended and Restated Development Agreement Relating to Tax Increment Financing District No. 1 Between the Eagan Economic Development Authority and U.S. Home Corporation. Aye: 5 Nay: 0 NEW BUSINESS PUBLIC HEARING TO CONSIDER A RESOLUTION APPROVING PRELIMINARY REDEVELOPMENT, PURCHASE OPTION AND FIRST REFUSAL AGREEMENT BETWEEN THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND UNITED PROPERTIES Commissioner Fields moved, Commissioner Maguire seconded a motion to continue consideration of a Resolution Approving Preliminary Redevelopment, Purchase Option and First Refusal Agreement Between the Eagan Economic Development Authority and United Properties to the February 3, 2004 EDA meeting. Aye: 5 Nay: 0 0 3-~ ADJOURNMENT Commissioner Maguire moved, Commissioner Tilley seconded a motion to adjourn the meeting at 11:45 p.m. Aye: 5 Nay: 0 Date Executive Director If you need these minutes in an alternative form such as large print, Braille, audio tape, etc, please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600 (TDD phone: (612) 454-8535. The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. I EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING THE MINUTES OF THE JANUARY 20, 2004 REGULAR MEETING BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the minutes of the January 20, 2004 regular meeting of the Eagan Economic Development Authority. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 1" day of March, 2004. Jon Hohenstein, Secretary/Deputy Executive Director a3 Agenda Memo Eagan Economic Development Authority Meeting March 1, 2004 A. RESOLUTION APPROVING PURCHASE AGREEMENT FOR CITY ACQUISITION OF PROPERTY FOR REDEVELOPMENT, NORTHEAST EAGAN REDEVELOPMENT DISTRICT, MARY IMRE/TMI COATINGS PROPERTY, 2805 AND 2809 DODD ROAD, AND OCCUPANCY AGREEMENT. ACTION TO BE CONSIDERED: To approve resolution approving the purchase agreement and and occupancy agreement for City acquisition of the Mary Imre/TMI Coatings Property at 2805 and 2809 Dodd Road in the Northeast Eagan Redevelopment District for redevelopment purposes. FACTS: • As a part of the Northeast Eagan Redevelopment District activities, the EDA and City Council previously authorized staff to pursue the acquisition of the Mary Imre property at 2805 and 2809 Dodd Road, also known as the TMI Coatings property. • The City Attorney and staff have concluded negotiations with the property owner and one of the affected tenants at this time and are presenting a proposed purchase agreement and occupancy agreement for consideration by the EDA and Council at this time. If approved, the purchase agreement contemplates a closing on the property on March 31, 2004. • Under the terms of the purchase agreement, the City will acquire the property at a cost of $2.6 million. The property will be resold to Interstate Partners at the same price, under the terms outlined in the City's predevelopment agreement with that company. • It is anticipated that all tenants will vacate the property on or about the closing date, except for TMI Coatings, which will continue to lease a portion of the property under an occupancy agreement for a period of time as the company secures and improves a new location for its business. In no case will TMI occupy the property for more than three years from the date of closing. An incentive rent structure is included in the relocation and lease agreement to ensure that the company moves to a different location at the earliest possible date. In addition, the City is working with representatives of TMI to attempt to locate property within the City that could be developed or retrofitted to meet its needs. The City is also working with the other affected tenants and will present relocation agreements for consideration and approval at a later date. • Upon the property's resale to Interstate Partners and its development, it will accommodate approximately 130,000 s.f. of additional office development representing the final phase of the Grand Oaks Business Park. *23 8" o Agenda Memo Eagan Economic Development Authority - Imre Property March 1, 2004 ATTACHMENTS: ~y • Resolution on page O~ 7 o • The purchase and occupancy agreements are available for review at City Hall. a3q EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING PURCHASE AGREEMENT FOR CITY ACQUISITION OF PROPERTY FOR REDEVELOPMENT IN THE NORTHEAST EAGAN REDEVELOPMENT DISTRICT FOR MARY IMRE PROPERTY LOCATED AT 2805 AND 2809 DODD ROAD AND OCCUPANCY AGREEMENT BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the purchase and occupancy agreement for Mary Imre/TMI Coatings Property at 2805 and 2809 Dodd Road in the Northeast Eagan Redevelopment Area Located in TIF District No. 2-4 for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 1St day of March, 2004. Jon Hohenstein, Secretary/Deputy Executive Director a yZo Agenda Information Memo Eagan Economic Development Authority Meeting March 1, 2004 VI. OTHER BUSINESS There is no other business to come before the EDA at this time. VII. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Commission meeting and reconvene the City Council meeting. Agenda Memo Eagan City Council Meeting March 1, 2004 X. OTHER BUSINESS A. RESOLUTION APPROVING PURCHASE AGREEMENT FOR CITY ACQUISITION OF PROPERTY FOR REDEVELOPMENT, NORTHEAST EAGAN REDEVELOPMENT DISTRICT, MARY IMRE/TMI COATINGS PROPERTY, 2805 AND 2809 DODD ROAD, AND OCCUPANCY AGREEMENT. ACTION TO BE CONSIDERED: To approve resolution approving the purchase agreement and related stipulations and occupancy agreements for City acquisition of the Mary Imre/TMI Coatings Property at 2805 and 2809 Dodd Road in the Northeast Eagan Redevelopment District for redevelopment purposes. FACTS: • As a part of the Northeast Eagan Redevelopment District activities, the EDA and City Council previously authorized staff to pursue the acquisition of the Mary Imre property at 2805 and 2809 Dodd Road, also known as the TMI Coatings property. • Background information in this regard is included in the Economic Development Authority packet, which precedes this item on the City Council agenda. • This action must be considered by the EDA and the City Council. If the EDA adopts the resolution in this regard, its consideration will be in order for the City Council as well. ATTACHMENTS: • Council Resolution on page • Background included in EDA packet. • The purchase and occupancy agreements are available for review at City Hall. a~~ CITY OF EAGAN RESOLUTION APPROVING PURCHASE AGREEMENT FOR CITY ACQUISITION OF PROPERTY FOR REDEVELOPMENT IN THE NORTHEAST EAGAN REDEVELOPMENT DISTRICT FOR MARY IMRE PROPERTY LOCATED AT 2805 AND 2809 DODD ROAD AND OCCUPANCY AGREEMENT BE IT RESOLVED by the Eagan City Council to approve the purchase and occupancy agreement for Mary Imre/TMI Coatings Property at 2805 and 2809 Dodd Road in the Northeast Eagan Redevelopment Area Located in TIF District No. 2-4 for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Maria Petersen, City 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 in a regular meeting thereof assembled this 1St day of March, 2004. Maria Petersen, City Clerk r` - MEMO city of eagan TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 27, 2004 SUBJECT: INFORMATIVE UPCOMING MEETINGS / EVENTS WEEK OF MARCH 1-5 Monday, March 1 6:00 p.m. Listening Session / City Hall Eagan Room 6:30 p.m. Regular City Council Meeting / City Council Chambers Wednesday, March 3 8:00 am-2:00 pm State of the Cities Legislative Conference 4:30-6:30 p.m. Partners in Progress at Royal Cliff Future Meetines: Tuesday, March 9 5:30 p.m. Special City Council Meeting - Eagan Room Thursday, March 11 1:00 p.m. Noise Oversight Committee-MAC General Offices (Councilmember Fields) Tuesday, March 16 6:00 p.m. Listening Session / City Hall Eagan Room 6:30 p.m. Regular City Council Meeting / City Council Chambers Thursday, March 18 7:30 a.m. State of the City Address / City Hall Council Chambers Wednesday, March 241:00 p.m. Noise Oversight Committee-MAC General Offices (Councilmember Fields) Friday, March 26 Ken Vraa's Retirement Party - Eagan Community Center Thursday, April 8 6:00 p.m. Listening Session / City Hall Eagan Room 6:30 p.m. Regular City Council Meeting / City Council Chambers Tuesday, April 13 5:30 p.m. Advisory Commission Interviews Monday, April 19 5:30 p.m. Advisory Commission Interviews Tuesday, April 20 6:00 p.m. Listening Session / City Hall Eagan Room 6:30 p.m. Regular City Council Meeting / City Council Chambers INTERGOVERNMENTAL EAGAN CONVENTION & VISITORS BUREAU 2003 ANNUAL REPORT Enclosed on pages through-1W is a copy of the 2003 Annual Report that was presented at the ECVB annual meeting eld on Tuesday, February 24. Acting Mayor Fields and City Councilmember Carlson, both members of the ECVB Board, were present for the luncheon. It should be noted that Margo Danner was chosen for the Person of the Year Award; congratulations to Margo! a. FRIDAY FAX / LMC Enclosed on pagesthrougbI!Z is a copy of the Friday Fax prepared by the LMC. CHINESE DELEGATION Enclosed on pagesw,through~V is a copy of a Memorandum of Cooperation between the City of Eagan and Fengmng County, Chengde City, Hebei Province, the People's Republic of China. The Memorandum of Cooperation is a non-binding ceremonial agreement that was exercised by Acting Mayor Fields indicating that the City of Eagan hopes to pay a visit to Fengning County at a convenient date to discuss ways in which both Fengning County and the City of Eagan can strengthen their bi-lateral relations. A special thanks to Acting Mayor Fields and City Councilmember Carlson for their presentation to the Chinese delegation at Eagan City Hall. City Councilmembers Carlson, Fields and Tilley all joined in the ceremonial signing and dinner at the Crowne Plaza Hotel. CORRESPONDENCE: CITY OF BLOOMINGTON RE: COMPREHENSIVE GUIDE PLAN AIRPORT SOUTH DISTRICT Per the request of the City of Bloomington, the City of Eagan submitted comments to the proposed amendments to Bloomington's Comprehensive Guide Plan Airport South District. Enclosed on pages.'It6througho/_ is the correspondence sent by the City of Eagan on January 21, 2004. Enclosed on page through W is the letter of response from the City of Bloomington. The letter will also be forwarded to the Airport Relations Commission, which will continue to monitor any development that may occur in the Airport South District. GUN CLUB LAKE WMO Enclosed on pages wthrougl is a copy of a notice from the Gun Club Lake Water Management Organization for meetings that will be held in March, May, July, September and November. The WMO Joint Powers Agreement requires notification by the Chairperson of the WMO to the City for any and all meeting dates. This will be posted in the appropriate location at City Hall and the Public Works Maintenance building. DAKOTA VALLEY RECYCLING Enclosed on page is a copy of an update on the Eagan/Apple Valley/Burnsville recycling activities prepared by Susan Bast. GENERAL SETBACKS FROM WATER BODIES/WETLANDS At the Special City Council meeting on February 24, the City Council requested setback information. There are two answers to the setback question.. 1.) Most wetland areas and other small ponds do not have setback requirement per se. Structures can be built up to any drainage and utility easement line. The City Code does require that the lowest floor elevation of an adjacent e;), V50", structure to be at least 3' above the Ordinary High Water Level (OHWL). However, while not a City Code requirement, the City's Water Resource Division prefers the maintenance of an undisturbed buffer of 30' be maintained from wetland complexes and they regularly add conditions of approval to that effect. 2.) The larger bodies of open water in the City are designated Protected Waters by the DNR. 24 water bodies in the City are designated as such. DNR designated water bodies fall into one of three categories. Each category has differing minimum structure setback requirements from the OHWL, depending on the land use: Natural Environment Waters = 100' Recreational Development Waters = 75' General Development Waters = 50' FISH LAKE / ALUM DOSING PUBLIC NOTIFICATION Enclosed on page is a copy of a letter that was sent to Eagan residents inviting them to a workshop to hear a presentation on the findings that the Public Works Committee has made over the past several weeks as the City addresses the question "whether to resume the alum-dosing operation to benefit water quality of Fish and Blackhawk Lakes and whether to build an alum-settling basin adjacent to JP-47." The contractor is busy this week removing the sludge into trucks that are hauling on a regular basis. Due to the warm temperature, it became necessary to de-water and as a result, residents in that neighborhood will experience pump water into the City's sanitary sewer system which will be properly treated through the Seneca Waste Water Treatment Plant. All government agencies have approved this process. The City Administrator has discussed this process with Sheila Nelson who resides in the cul-de-sac where the pumping and hauling is occurring. CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING Congratulations to Tom Pepper, Chief Financial Officer, for the City's notification of another Certificate of Achievement for Excellence in Financial Reporting. This award is granted for the Comprehensive Annual Financial Report for the fiscal year end of December 31, 2002. Our congratulations to Tom, Gene and all the employees in Finance who performed at a high level of excellence in all financial reporting operations. KIDS `N KINSHIP Enclosed on pages through is a copy of a letter from Dawn Scouton, Kinship Coordinator, thanking the Mayor and City Council for a community acknowledgement for the Friendship Mentoring Program that matches adult volunteers to children in Dakota County, that include Eagan. NEWSPAPER ARTICLES Enclosed on pagesQ throughQare copies of newspaper articles which recently appeared in local papers. Thomas L. Hedges City Administrator 's~uaP;saw !/e ~!7 ~0(~!I~ub aye Buh► e raw d r s i ¢ r;~~nxi r+„ a. x 'eaie ueBs~ ay; uoedui! ~a--6u~;eau ~eui awe; ;euo~;euaui pue al;suo :o ~i~~;eu~;sa0 arnsa? pue. _ ssauisns punau-jeaA a s Ne Of t ueBe3 ayd r { d 'na-f. it ~ 2" A T a M x ~r- - -'Xpr t- y~'.z 4~~F•^. Y ~ Y~.~~-7 - tx'r~ tea' ~y+ uM UV { liunu ~aa £OOZ# R. ~ .EY.j~:~° R G r 2003 ECVB OVERVIEW: Even as the economy continued to crawl for a second straight year, tourism has seen a growth period since last year and a cautious upgrade to a stable condition. Business travel was affected by economic uncertainty so leisure travel has played a more significant role. Weather, the economy and a decrease in business travel challenged Minnesota tourism. This was offset somewhat by an increase in travel closer to home. Eagan responded with the award-winning E- Van designed as a marketing vehicle driven to increase awareness of Eagan, its location and develop one-to-one marketing in the potential visitor's hometown via parades, sales calls and trade shows. Over 74,000 visitor's guides were distributed with this grass roots level of marketing. Despite the soft economy, the Eagan CVB surpassed many of its goals. In 2003, 381,975 room nights were recorded at Eagan hotels an increase of 2,492 room nights sold. An estimated 954,938 Visitors spent half a million more in 2003 than in 2002 totaling over $90 million in tourism economic impact. Occupancy figures remained even at 67.4% while the average daily rate declined 2%. The first six months of 2003 were 8% ahead of 2002 figures, but slowed during the remainder of the year. Compared to national statistics, (occupancy rates averaged 59.3%) Eagan's occupancy was 14% higher, but the average daily rate was 20% lower than the national average of $83.71. INTERNET MARKETING The Eagan Convention & Visitors Bureau website produced an average of 103 visits a day - a 10% increase over last year. The website, www.eaganmn.com, had over 6,000 hits a day totaling over 2.2 million hits for the year. For every $1 spent on Internet Marketing by CVB's, a USDM.net survey reports $125 to $500 returns in visitor spending. An average of about 30% of visitors that requested additional information subsequently visit the destination and collectively spend millions of dollars of lodging, food, entertainment, shopping and transportation. MAJOR TRAVEL SEGMENTS After years of little travel volume growth combined with significantly lower traveler spending it looks like things might be finally turning around for the travel industry. It won't be until 2005 that the level of spending forecasted to reach $594 billion will finally surpass the record set in 2000. The Baby Boom generation of 35-54 year olds do more traveling and spend an average of $491 a trip excluding transportation. 24% of that travel includes business or convention travel. Favorite activities include shopping, outdoor activities, visiting historical places or museums, going to the beach and attending festivals and events. TIA is forecasting leisure travel volume to grow 3.2% in 2004 and should increase once again in 2005 by 2%. Last minute planning and booking will continue to be the norm. During this past year of reduced budgets, Eagan has found a way to get the job done, from new partnerships to cooperative advertising we are all working in new and different ways. We have partnered with the MN Office of Tourism, our neighboring communities and neighboring states to promote tourism cooperatively. As we look forward to the year ahead, we are entering a new era for travel and tourism in this country. We must continue to develop new relationships, be innovative, focus on what is essential and be driven by specific bottom line results. 230,0 The Eagan Convention & Visitors Bureau is a not-for-profit organization charged with the in Mi task of developing an image that will position Eagan in the marketplace as a destination for of all visitors and meetings. Our goal is to encourage visitors to use Eagan as their destination of for 8 choice when visiting the Twin Cities. The ECVB is funded by a local lodging tax, collected by Eagan hotels; co-op funding from the Minnesota Office of Tourism for out-of-state advertising, partnerships with local restaurants and attractions and in-kind services for marketing the City of Eagan. Since the bureau's inception in 1994, tourism tax receipts have risen 275%. Eagan Lodging Tax 00- 6W- 5W- 440 Minn s 300 200 last-n 100 trips E 0 repre; ~p~ ~ N~o~ O~0 lei econc shops spent proce The City's investment of lodging tax in the ECVB returned The t $221 in sales for every $1 invested in marketing. airpoi Services: receii Leisure travel assistance Event planning assistance touris Travel Agent assistance Tourism speaker services - slides/video Group Tour planning assistance Referral service Meeting planning assistance Welcome services-brochures, coupons, etc. Corporate sales assistance International trade & visitor assistance Telef TOURISM STATISTICS Adve Tourism brings new dollars to Eagan's economy and helps create jobs within our Trad Visits community. Tourism stimulates other business development and tourism dollars re-circulate up web to 7 times in a community. Tourists require few public services beyond those that already exist, Top such as highways, parks and utilities, but through the dollars they bring to a community, tourists help to pay for these services that benefit everyone. Fami Medi MINNESOTA STATISTICS Cons According to Travelscope and the Minnesota Department of Employment and Economic Development, 24.5 million travelers visited Minnesota generating over $24 million in gross receipts/sales per day or $8.9 billion in 2002. The leisure and hospitality industry employs over 4:9 Y / 230,000 Minnesotans with a growth rate of 19.2% by 2010. The Metro area is the top destination e in Minnesota and 45% of pleasure travelers in Minnesota are residents of the state. In fact, 84% of all overnight pleasure travel comes from the North Central region. Pleasure travel accounts for 87% and Business travel amounts to 13% which has declined 21 % over the past 3 years. by ig, The average visitor spends their tourism dollars as follows: of Minnesota Tourism Expenditures Other 11% M Lodging Transportation Lodging 16% 38% E Food E3 Recreation Recreation O Transportation 17% Food ®Other 22% Minnesota Travel patterns are changing: travel is closer to home; trips are shorter in length with last-minute planning and cost-conscious spending. More Minnesotans leave the state to take trips elsewhere in the U.S. than there are travelers to Minnesota from other states which represent a "travel deficit" of 2.4 million travelers. The dollars travelers spend in Minnesota circulate widely into our local and state economies. Travelers spend money directly at lodging businesses, restaurants, service stations, shops, museums, theaters, entertainment and recreation. This spending, in tam, generates spending on a wide variety of other goods and services, including construction, printing, food processing, hospitals and much more, supporting many jobs indirectly throughout the economy. The tax revenues generated by this spending help pay for our roads, schools, libraries, parks and airports. Many of the recreational and cultural amenities enjoyed by community residents receive significant revenue from visitors. The businesses and amenities supported through tourism add to the quality of life for our communities and our state. Customer Service Jan 1 - Dec. 31, 2003 Telephone Inquires 2,868 Advertising Inquiries 41,723 Trade Shows/TIC's 30,764 Visitor Guide Distribution 74,187 up Web Site Visits Hits 2,2 million Average 103 visits a day sts Top Origin of Requests: Wisconsin Illinois Iowa MichiganOhio MissouriIndiana st, Texas, North Dakota, California Familiarization Tours 4 Group Tour/Media FAM's; 5 Corporate/Meeting FAM's Media Submissions 52 Press Releases Consumer Travel Shows: Chicago, Omaha, Des Moines, LaCrosse, nic Duluth, Kansas City, Fargo, Milwaukee PON ,er .4 asa Trade Shows: Midwest Society of Association Executives, Society of Government Meeting Planners, Affordable Meetings, National Tour Association, American Bus Association, Heritage Club Show Itineraries Minnesota, Bank Travel Club, Travel Industry of Th America, Mid-Atlantic Sales mission. the Promotions: *Year-round advertising vehicle - E-Van to promote Eagan's lei; location near Mall of America. E-Van wrapped in Eagan graphics and driven throughout the Midwest to 27 parades handing out E & E candy and brochures. *Mall of America display and LaCrosse Mall display *Website Coupon program for hotels, attractions and restaurants to list downloadable coupons. *Golf Guide partnership with Burnsville and Lakeville *Coordinate a shuttle system to link hotels with Holidazzle and Games on low-volume weekends: Holidazzle Shuttle program on December Saturdays-booked 45 rooms. Vikings and U of M Football shuttles-booked 44 rooms. *Hotel discount with Mall of America Coupon Books-2,115 books. *Girlfriend's Getaway & Monthly Weekend Getaway Contests- 1,605 responses via the website. Ambassadors: Trained 10 Eagan Ambassadors in the first ever Hospitality training program to develop knowledgeable residents to work with the Eagan CVB on various projects, programs and event. These Ambassadors worked 78 total volunteer hours for the ECVB. Special Events: Eagan Arts & Crafts Festival attendance 10,000 Eagan's 4 h of July FunFest attendance 15,000 Eagan Home Show Lone Oak Days VISITOR INQUIRY CHART 80,000- rat grc 60, 000 of int 40,000.110, wi Ott 20,000 ME avi 0 - 1995 1996 1997 1998 1999 2000 2001 2002 2003 A. ■ Visitor Inquiries 24, 38 25, 89 34,30 47,12 54,25 63, 93 66, 65 64, 86 74,18 MARKETING & SALES OPPORTUNITIES ow The ECVB is involved in various markets consistent with Eagan's primary travelers including the Corporate market, group tour or motorcoach marketing, conventions and meetings, the leisure market, international travelers and sports marketing. :11 s & ♦ Sales calls were up 73% in 2003 compared to 2002 with leads up 25%. ♦ Booked rooms increased by 800 with the economic impact totaling over $1 million. ♦ Meetings leads were up but more importantly we were able to book 92% of the leads, up to from 68% in the prior year. Part of that increase was due to the new Eagan Community Center meeting space which opened in 2003. n Yearly Chart of Sales/Leads and Booked Rooms 6000 As. 5000 4000 ith 3000 2000 1000 0 Sales Calls Booked Rooms MEETINGS & CONVENTIONS Meeting site decision and planning cycles will continue to be short 15-60 days in advance rather than the customary 90-150 days. While meeting planners are reporting that attendance is growing, bureaus are reporting lower actual room pick-ups due to planners lowering the number of rooms in their contracted room block and attendees booking rooms outside the block via the internet. Major branded hotels are joining the effort to encourage attendees to book rooms within the established blocks by guaranteeing that the rates offered will not be undersold by other Internet sources. The economic value that bureaus provide to destinations through marketing and sales efforts is no secret. IACVB reports that convention attendees stay an average of 3 days and spend $750 during their visit. As Eagan's destination marketing organization, the goal Is to bring out. of-town visitors to Eagan to strengthen the economy and generate revenue. The Bureau is structured to use financial and human resources efficiently and cost effectively. Ci~~ 2003 SUMMARY OF ACHIEVEMENTS Eagan welcomed over 954,000 tourists last year and they spent over $90 million... a half million P more than last year, but nearly $50 million more since 1994 and the number of visitors has more than doubled. Those visitor dollars were spent for hotel rooms, meals at local restaurants, shopping at local retailers, fuel at local convenience stores and other businesses. Eagan's h hospitality industry provided over $5.8 million in state and local tax receipts in 2003. T • Minnesota Office of Tourism Award of Excellence-Golf Guide promotion • Minnesota Office of Tourism Award of Excellence-E-Van Promotion T • Gold Award for E-Van from League of American Communications Professionals • Finalist in Classic Awards-Public Relations Society of America-E-Van promotion. P1 • Best Friends Contest & Dixie Chicks Contest garnered over 1,500 entries. • Joint Direct Mail project with Saint Paul and Roseville CVB's to promote summer activities with the Capital Connection-Cascade Bay, State Fair. C • Partnered with Burnsville on two-group tour shows to reduce costs & share leads. • Partnered with the Minnesota Office of Tourism on "Get Business Now" campaign. T: 67 sales calls with 35 industry co-sponsors in Iowa, Illinois, Wisconsin and Canada. • Produced 80,000 Visitors Guides, Coupon Book, R • Developed business/sports liaisons with Dakota County Technical College, Eagan Parks & Recreation and government entities. Developed public/private tourism N marketing partnerships to extend resources and maximize impact. • Developed the initial Minneapolis-Saint Paul advertising promotion with partners. N • Maintained and developed tourism as a strong sector of the state and city's economy. • Participated in the Tourism Week Familiarization tour. • Started E-Ambassador program to education volunteers about Eagan and utilize their C• skills in welcoming visitors, promotional opportunities and event activities. Ti FUTURE STATISTICS R Consumers are projected to take 3.2 more trips in 2004 and spend' 6% more on those trips. According to AAA, the percentage of travelers planning to spend more than $5,000 on vacation will nearly double in 2004. The Travel Industry of America (TIA) reports that tourism is Je forecast to increase 4.4% in 2004 to $568 billion. By 2005, spending levels will surpass those of 2000, which was a record year for the travel industry. After three years of decline in corporate M business travel, experts are anticipating an increase of 4.2% in 2004 and another 3.5% in 2005. Asian travel is expected to rise in double digits with China increasingly more competitive on Tc the international scene. The efforts of the Dakota County Sister City project with China are right on track as those relationships continue to grow, so will tourism from Asia. PE The Eagan Convention & Visitors Bureau looks forward to 2004 with its dedicated Board of Directors and staff, supportive partnerships from members and the tourism industry, strong M cooperation from the metro-wide hospitality community and support from the City of Eagan - Mayor Pat Geagan and City Councilors Cyndee Fields, Peggy Carlson, Meg Tilley and SY Mike McGuire. A ,5 3 2003 ECVB BOARD OF DIRECTORS: A special thank you to the ECVB Board of Directors for their time, energy and talent. more Patricia Rein Chair Hampton Inn more Jason Mercord Vice-Chair Holiday Inn Express Hotel Todd Byhre 2nd Vice-Chair Crovme Plaza Is Tom Hedges City Administrator - City of Eagan 'n. Peggy Carlson Eagan City Council mer Cyndee Fields Eagan City Council .s. ign. Tina Berkhoel Metropolitan Airports Commission ada. Jeanne Creegan Northwest Incentive Services an Michelle Steffens Residence Inn by Marriott rs. Amy. Nita Murphy Northwest Airlines their Carol Thomas Diamond T Ranch Tim Dunn Best Western Yankee Square Inn Rick Casper Cherokee Sirloin Room PS. ition Jennifer Gale President - NDCCC ise of rate Mike Ferber Eagan Chair-NDCCC )05. ve on Tom Garrison City of Eagan-Communications right Patrick Bissen SpringHill Suites by Marriott '.f Margo Danner Resident z- Sharon Martin Resident Ann Carlon Eagan Convention/Visitors Bureau i 28 2684 15:14:24 Via Fax Administrator Page 661 Of 66Z I qM 1;.. -Frida Fax- LMC y .L vp+n• of .~li~.w,r~t.+ C ales t ,ll•~-~,•,611~:, A weekly legislative update from the League of Minnesota Cities February 20, 2004 Page 1 Budget forecast due on Friday traveling on city streets, even while seasonal weight The State Department of Finance will release the restrictions are in place. updated state budget forecast next Friday, February 27 at noon. Recent speculation around the capitol Industry representatives complained before the suggests that the news may be pessimistic. House Transportation Policy committee that existing restrictions drive up the cost of doing The last forecast, released last December, projected business and are inconsistently enforced from city a small state deficit of $185 million for the balance to city. of the current 2004-05 biennium. The forecast did include a projected increase in the state's rainy day Opponents of the bill, including the League of reserve to $631 million, which was based on a Minnesota Cities, the Association of Minnesota combination of projected higher revenue and lower Counties and the Minnesota Department of expenditures. A reserve at that level would have Transportation, testified that the legislation would been sufficient to cover the December projected result in severe road damage at taxpayer expense. deficit. Despite the strong opposition, the bill was passed The Department of Finance's January Economic without recommendation to the House Update, which is a periodic status update of the Transportation Finance committee where it will be state's revenue collections, may provide some clues heard Tuesday, February 24, at 8:15 am in room to the validity of these rumors. In that report, the SOOS of the State Office Building. Department suggests that although the short-term variations in revenues from earlier projections were The Senate companion, SF 457 (Belanger, R- relatively small, there were shortfalls in several key Bloomington), has not been scheduled for a revenue sources. The Finance Department's report hearing. indicates that the fourth quarter estimated corporate income tax payments were $33 million or 22 Committee deadlines-still waiting percent below forecast. The report also indicates The House and Senate have yet to agree on that the state's two largest sources of revenue- committee deadlines; these are the dates by which withholding tax receipts and gross sales tax receipts bills must have hearings in policy committees to were also below forecast by $10 million and $17 still be considered "alive" for the session. Word million respectively. has it the Senate is pushing for the end of March, and the House wanting a tighter deadline of early State economist Tom Stinson always reminds March for the first committee deadline. Most likely observers that economic updates should not be used the two bodies will meet somewhere in the middle. to project the future. Nonetheless, the small deficit The second and third deadlines are likely to come announced last December will require legislative the following two weeks after the first one is set. action yet this session. We'll have to wait until next Friday to see if the deficit-and perhaps the chances The committee agendas, particularly in the House, for a longer session-have increased. have been extremely aggressive with some night meetings already scheduled to accommodate longer Overweight vehicle bill advances hearings on certain bills. It is also likely that A bill that would exempt solid waste hauling members will have a mini-vacation of March 1 & 2 vehicles from city weight restrictions advanced this so that they can attend precinct caucuses in their week in the House. HF 722 (Erhardt, R-Edina) districts. In recent years, the legislature has tried to would prohibit cities from limiting garbage trucks be more accommodating for members with out state weighing less than 20,000 pounds per axle from districts by not scheduling too many committee For more information on city legislative issues, contact any member of the league of Minnesota Cities Intergovernmental Relations seam. 651.281.1200 or 800.925.1122 ^_5~ Sr Feb 29 2694 15:15:88 Via Fax Administrator Page 882 Of 882 -Frida Fax- y LL MC fil." mivarw.,„ A weekly legislative update from the League of Minnesota Cities February 20, 2004 Page 2 hearings early on Mondays or on Fridays to allow for traveling time back home. Translation: very full LMC will continue to monitor this bill and urge committee agendas for the other times. legislators to carefully consider the impacts of these additional reporting requirements, particularly in Proposed changes to development fee smaller jurisdictions. To review HF 1801, visit the reports legislature's web site at: www.lep,.state.mn.us. Next week the House Commerce, Jobs & Economic If you have any questions or comments, please Development committee will vote on legislation contact Laura Offerdahl, IGR, at: that addresses moisture intrusion and other lofferdahlCwlmnc.oror (651) 281-1260. problems in newly constructed homes. HF 1801 (Klinzing, R-Woodbury), also known as the Homeowners' Protection Act, regulates residential Local impact notes home building contractors, requires additional A bill allowing cities and other political building code enforcement reporting, and provides subdivisions to request local impact notes on state information to homeowners relating to moisture agency rules is scheduled for a hearing in the House problems, homeowner's warranty coverage and pre- Governmental Operations & Veterans Affairs purchase inspections. committee next week. Section 2 of the bill requires municipalities to HF 2101 (Seifert, R-Marshall) would require the include additional information in the construction commissioner of Finance to prepare a local and development fee reports in Minn. Slat. government fiscal impact note if requested by the 16B.685. If passed, this provision would require governing body of a political subdivision. The bill detailed accounting of staff time devoted to also provides that if the initial or yearly cost of building code administration and enforcement. complying with the proposed rules is more than $50,000 for any one business with fewer than 100 On Thursday, the House Commerce committee employees, the rules must not take effect until amended the bill to require municipalities to explain approved by the legislature. surplus construction and development fees. The language states that if fees collected in a calendar A similar bill passed the legislature last session, but year by a municipality exceed the expenses for was vetoed by the Governor over concerns that the which the fees were collected, then the municipality bill would shift authority for conducting rulemaking must: 1) describe its plan to reduce future fee from the executive branch to the legislature and revenue; 2) describe its plan to increase the quality would add considerable delay and cost to the or quantity of activities related to the fee; or 3) rulemaking process. explain why it does not expect the surplus to be repeated in future years. The League supports this legislation to provide more oversight and accountability for regulatory The committee will re-convene on Tuesday, mandates adopted by state agencies and February 24th at 4:30 p.m. in room 10, State Office implemented by local units of government. Building to complete its work on the bill. According to the author, the bill will also be heard The House Government Operations committee will in the House Civil Law and Local Government & hear HF 2101 on Tuesday, February 24 at Metropolitan Affairs committees in the next couple 12:30 p.m. in the basement of the State Office of weeks. Further discussion of building code and Building. fee issues will occur in the Local Government committee. For more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovernmental Relalions team. 651.281.1200 or 800.925.1122 i MEMORANDUM OF COOPERATION BETWEEN The City of Eagan, Dakota County, Minnesota, the United States of America AND Fengning County, Chengde City, Hebei Province, the People's Republic of China Dated: February 23, 2004 ash On this 23`d day of February of the year 2004, Mr. Wang Deshan, Magistrate of Fengning County, Hebei Province of the People's Republic of China visited Dakota County and City of Eagan at the invitation of Dakota County Government. Mrs. Cyndee Fields, the Acting Mayor of Eagan, Dakota County, Minnesota, United States of America, held a friendly conversation with Magistrate Wang. Through this visit, both parties have strengthened their knowledge and trust between China and the United States of America. Both agreed that the two sides will cooperate on the basis of bilateral benefit in the fields of economy, trade, technology, education and agriculture. The city of Eagan delegation hopes to pay a visit to Fengning County at a convenient date to discuss ways in which both parties can strengthen their bilateral relations. Done in Eagan, Minnesota, on the 23`d day of February 2004. For the Government of For the Government the City of Eagan of Fengning County Dakota County, Minnesota Chengde City, Hebei Cyndee Fields Wang Deshan Acting Mayor Magistrate asp J AA D4 RJ9 Pb 1,5 ~lj~k f 5 A I F'~~u %J'C HM: 2004IF2 A 23 Q 2004*2}q 23 Q , 'z' K.J+f M 7~~'~~r 'G ► T ~ ~ ~c ~X A f 3ES Lb city of eagan PAT GEAGAN Mayor January 21, 2004 City of Bloomington PEGGY CARISON Attn: Larry Lee, Community Development Director CYNDEE FIELDS 1800 West Old Shakopee Road MIKE MAGLIIRE Bloomington, MN 55431 MEG TILLEY SUBJECT: COMMENTS TO THE PROPOSED AMENDMENTS TO THE Council Members BLOOMINGTON COMPREHENSIVE PLAN FOR THE AIRPORT SOUTH DISTRICT THOMAS HEDGES Dear Mr. Lee: City Administrator Per the request of the City of Bloomington, the Eagan Airport Relations Commission and the Eagan City Council have reviewed the proposed amendments to the Bloomington Comprehensive Plan for the Airport South District. The City of Eagan offers the Municipal Center. following comments to the proposed amendments: 3830 Pilot Knob Road 1.) The City is concerned with the proposed introduction of additional new residential Eagan, MN 55122-1897 land uses within an area that will be exposed to substantial aircraft noise when Phone: 651.675.5000 Runway 17-35 becomes operational in Fall of 2005. While the noise contours for the airport are currently being updated, the current noise contours suggest that a Fax: 651.675.5012 significant portion of the area under consideration for residential uses will be within TDD: 651.454.8535 the 70 DNL/Noise Zone 2 contour. Furthermore, a portion of the area in which residential land use would be guided for residential use is within the 75 DNL/Noise Maintenance Facility: Zone 1 contour, in which major new development of residential uses is inconsistent with regional policy. 3501 Coachman Point Eagan, MN 55122 2.) Given the close proximity of the proposed development site from the end of the Phone: 651.675.5300 runway, the City has significant safety concerns with the development. As Bloomington is aware, the State safety zones are currently under review by the Joint Fax: 651.675.5360 Airport Zoning Board (JAZB) and the Minnesota Department of Transportation TDD: 651.454.8535 (MnDOT). Through this review process, it is possible that additional areas may be considered for more intense land uses in certain locations around the airport, which may not have been the case in the past. Moreover, the current alignment of Runway ",~"'cityofeagan.com 17-35 was determined to prevent aircraft in their initial stages of take off or final stages of landing from going directly over the Mall of America, with the understanding that it was preferable to route the planes over undeveloped areas and areas to be acquired and cleared by the Metropolitan Airports Commission. Safety should remain a primary concern as development is considered in the locations that THE LONE OAK TREE were previously defined as Safety Zone A. The symbol of strength and growth in our ^ ~ O community v~~`(J COMMENTS TO THE PROPOSED AMENDMENTS TO THE BLOOMINGTON COMPREHENSIVE PLAN FOR THE AIRPORT SOUTH DISTRICT-PAGE 2 3.) The City of Eagan strongly believes that if intense development occurs in the proposed locations, the presence of such development should not be a factor in the future decisions regarding the modification of noise abatement procedures or investments, particularly if those modifications are to the detriment of other communities. Thank you for the opportunity to comment on the proposed amendments to the Comprehensive Plan Airport South District. If you have any questions about the comments being submitted, please feel free to contact me at 651/675-5007. Sincerely, Thomas L, Hedges City Administrator cc: Jeff Hamiel, MAC Executive Director Chad Leqve, MAC Manager of Aviation Noise and Satellite Programs Peter Bell, Metropolitan Council Chairman Chauncey Case, Metropolitan Council Senior Planner Cities of Minneapolis, Edina, Shakopee, Richfield, Mendota Heights, Eden Prairie, and Burnsville G CITY OF BLOOMINGTON MINNESOTA EB 2 4 2004 February 23, 2004 Thomas L. Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 RE: Eagan Comments on Bloomington Comprehensive Plan Update - Airport South Dear Tom, On January 21, 2004, the City of Eagan transmitted three comments related to Bloomington's draft Comprehensive Plan update for the Airport South District (all land in Bloomington east of Trunk Highway 77). This letter responds to the three comments Eagan raised. Eagan Comment #1 The City is concerned with the proposed introduction of additional new residential land uses within an area that will be exposed to substantial aircraft noise when Runway 17-35 becomes operational in Fall 2005. While the noise contours for the airport are currently being updated, the current noise contours suggest that a significant portion of the area under consideration for residential uses will be within the 70 DNL/Noise Zone 2 contour. Furthermore, a portion of the area in which residential land use would be guided for residential use is within the 75 DNL/Noise Zone 1 contour, in which major new development of residential uses is inconsistent with regional policy. Bloomington Response While permitting residential uses in high noise exposure areas was not the intent of the draft plan, several people gathered this impression from looking at the plan map. The map and text adopted by the Bloomington City Council resolved this potential for confusion in both the map and the plan text. Bloomington agrees that the objective ought to be removing existing residential uses and restricting new residential construction in areas inside the MAC's 70dB DNL aircraft noise contour. The Airport South Mixed Use designation, which is proposed to apply along the LRT line, explicitly prohibits new residential uses above 70dB DNL. Eagan Comment #2 Given the close proximity of the proposed development site from the end of the runway, the City has significant safety concerns with the development. As Bloomington is aware, the State safety zones are currently under review by the Joint Airport Zoning Board (JAZB) and the Minnesota PLANNING AND ECONOMIC DEVELOPMENT DIVISION 1800 W. OLD SHAKOPEE ROAD, BLOOMINGTON MN 55431-3027 AN AFFIRMATIVE ACTION/EQUAL PH 952-563-8920 FAX 952-563-8949 TTY 952-563-8740 ~6~ OPPORTUNITIES EMPLOYER I February 23, 2004 Mr. Thomas L. Hedges Page 2 of 2 Department of Transportation (MnDOT). Through this review process, it is possible that additional areas may be considered for more intense land uses in certain locations around the airport, which may not have been the case in the past. Moreover, the current alignment of Runway 17-35 was determined to prevent aircraft in their initial stages of take off or final stages of landing from going directly over the Mall of America, with the understanding that it was preferable to route the planes over undeveloped areas to be acquired and cleared by the Metropolitan Airports Commission. Safety should remain a primary concern as development is considered in the locations that were previously defined as Safety Zone A. Bloomington Response Bloomington, like Eagan, has actively participated on the Joint Airport Zoning Board. One purpose of the Airport South Comprehensive Plan amendments is to make Bloomington land use controls consistent with the proposed JAZB airport zoning limitations. The amendments approved by the Bloomington City Council propose to reguide the MAC owned clear zone within Safety Zone A to the Public designation. The amendment has also been revised to guide areas under Runway 17-35 Safety Zone B to the Office and Industrial designations. The City is proceeding to adopt an overlay zone off the end of the 17-35 and 4-22 runways that implements the provisions and restrictions of the JAZB ordinance. Our objective is that this will be completed by April 30, 2004. Eagan Comment #3 The City of Eagan strongly believes that if intense development occurs in the proposed locations, the presence of such development should not be a factor in the future decisions regarding modification of noise abatement procedures or investments, particularly if those modifications are to the detriment of other communities. Bloomington Response The City of Bloomington worked long and hard on the departure procedures for runway 17-35. The result of the proposed Comprehensive Plan change, the zoning amendments to implement the Comprehensive Plan and the JAZB ordinance and MAC's acquisition of 161 existing single and multi-family units in Blooming will be a housing-free corridor along the center line of the runway. This will tend to cement Bloomington's commitment to the agreed departure procedures for runway 17-35. Please call me at (952) 563-8947 if you would like to further discuss the Comprehensive Plan amendments for the Airport South District. l ;arry nc/ferel, Le Community Development Director a~x3 Gun Club Lake W~ersked Mnw~nement Orgmeir~ion February 20, 2004 Tom Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges: The following is a list of the meeting dates for the Gun Club Lake Water Management Organization for 2004: March 3 May 5 July 7 September 1 November 3 These dates are being sent to you in accordance with the WMO Joint Powers Agreement, Paragraph 6, Subdivision 5, that states the following: Organization/Structure. "The chief administrative officer of each member community shall be notified of the dates and locations of all meetings. The dates, times, and locations of meetings of the WMO shall be posted on the bulletin board of each member City at least ten (10) days prior to the date of the meeting." We would appreciate your posting this list of dates for 2004. Cordially, Jerry Walerak Chair Gun Club Lake WMO Enclosure gAgun club lake WMO\Eagan city admin 2 20 2004 a6~ Gun Club Lake w-tom M.,or- AT-S&W n NOTICE GUN CLUB LAKE WMO SCHEDULED MEETINGS FOR 2004 All meetings will be held at Moonshine Park - Eagan, MN And begin at 4:00 p.m. Meeting Dates March 3 May 5 July 7 September 1 November 3 For further information please contact: Eric Macbeth at the City of Eagan 651-675-5300 or GCLWMO@cityofeagan.com X65 DAKOTA VALLEY RECYCLING Memo DATE: February 19, 2004 TO: Tom Garrison, Charles Grawe, and Terry Schultz FROM: Susan Bast RE: Update on Eagan/Apple Valley/Burnsville Recycling Activities The January 2003 Dakota Valley Recycling Program activities included: • Responded to citizen requests for recycling/disposal information. • Environmentally Preferable Purchasing Workshop 1. Sent out flyer/invitation to individuals, environmental websites, and ARROW Participants. 2. Followed-up with speakers 3. Tracked registrants 4. Created handouts/survey 5. Set up facility 6. Hosted event • Updated website for the EPP Workshop, Dakota County's Educator Workshop, and the 2004 Blue Sky Guide. • Attended classes at the Carlson School of Business for Performance Management. • Attended three ArcGIS training sessions • Attended a SWANA (Solid Waste Association of North America) luncheon on electronics recycling legislation. • Met with Charles Grawe, Tom Garrison, and Terry Schultz on January 27th to evaluate the Dakota Valley Recycling Program. • Researched information on Biodegradable bags for the organics collection project in Burnsville. Purchased bags and vendor will put the bags in local stores by June 2004. • Collected Holiday cards from the employees of Apple Valley, Burnsville, and Eagan. • Wrote section of NPDES program summary for hazardous waste requirement for Burnsville. • Researched "social marketing" strategies. • Ordered promotional material (pencils and lunch bags) • Mailed New Resident Waste Reduction packets to Eagan and Burnsville residents. • Applied to the EPA Region 5 Solid Waste for a Multi-Family grant a6G city of eagan PAT GEAGAN February 24, 2004 Mayor Dear Eagan Resident: PEGGY CARLSON As you may recall, the Eagan City Council held a special workshop on December 8, 2003 CYNDEE FIELDS to discuss whether to resume the alum-dosing operation to benefit water quality of Fish and Blackhawk lakes and whether to build an alum-settling basin adjacent to JP-47. With MIKE MAGUIRE a letter dated November 24, 2003, the City encouraged you to attend that workshop. MEG TILLEY Council Members At the December workshop, the Council directed City staff to answer some key questions and conduct additional research on alternatives to alum dosing. Staff has completed the studies and presented its findings to the Public Works Committee. Thus, the Council has THOMAS HEDGES scheduled another special workshop on March 9, 2004 to discuss study findings and any City Administrator recommendations of the Public Works Committee. The workshop will begin at 5:30 p.m., and the discussion on alum dosing_ will begin at approximately 7:30 p.m. in the Eagan Room, 2nd Floor City Hall, 3830 Pilot Knob Road. Municipal Center: You are again encouraged to attend this workshop. Public comments will not be received 3830 Pilot Knob Road at this meeting; however, should the City Council desire to further consider the use of Eagan, MN 55122-1897 alum dosing, there will be a public hearing on this matter at a future regular City Council Phone: 651.675.5000 meeting. You will be noticed if and when that public hearing is scheduled. Fax: 651.675.5012 If you have any questions about the upcoming special workshop with the City Council, TDD: 651.454.8535 please feel free to contact me at (651) 675-5300. Sin rely, Maintenance Facility: 3501 Coachman Point Eagan, MN 55122 Eric Macbeth Phone: 651.675.5300 Water Resources Coordinator Fax: 651.675.5360 TDD: 651.454.8535 cc: Mayor and Council members Advisory Parks Commission members www.ciryofeagan.com Tom Hedges, City Administrator Tom Colbert, Director of Public Works Ken Vraa, Director of Parks and Recreation David Wright, MN Department of Natural Resources Mark Tomasek, MN Pollution Control Agency THE LONE OAK TREE Jay Riggs, Dakota County Soil and Water Conservation District The symbol of strength and growth in our community ~ / I .p FE'S 4 204 Kids 'n Kinship 14870 Granada Avenue, #127 Apple Valley, MN 55124 952-892-6368 www.kidsnkinship.om February 17, 2004 Mayor Geagan and City Council Members Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 Mr. Mayor and City Council Members, Kids 'n Kinship would like to take this opportunity to say thank you for your support. We recently had our winter outing and the children and volunteers that attended signed this note for you. We appreciate all you do for the children and families in your city. Thank you again for your support and we look forward to working with you again in the future. Zn rZion Kinship Coordinator 952-892-1172 dscouton@frontiernet.net A special 'Thank you' to Mayor Pat Geagon and the Eagan City Council from Kids 'n Kinship volunteers and children Al n wa #7 Nthal, .e Hike Kids 'n Kinship is a friendship met ing program matching adult volunteers with to children in need of a supportive relationship in the communities of Apple Valley, Burnsville, Lakeville, Rosemount, Eagan and Farmington. For mor information, please call 952-892-6368 or visit our website o ~ a69' ~ by k • u~ . TI city of ecigen Press Coverage Published February 21 = 27, 2004 ~ ~o - - a/0 Becait se the mews never stops g www.thisweek-online.com Eagan get St. P could Post Office Move would bring up to 1, 400 new workers, require road improvements by Erin jobnson ~Y , ul - x officials had heard of the plan, THISWEEK NEWSPAPERS 3 - Hedges said. Eagan could likely become "We're still waiting to hear the new home of the St. Paul from the postal division just Post Office, but the city has yet what it is that Eagan would be to receive official confirmation, ' getting," he said. said City Administrator Tom f I~ ~Eagan currently has a bulk U Hedges. {mail facility located on 92 Congresswoman Betty f71 acres, owned by the Postal McCollum, whose district ~.tMINE~P~IIS Service, off of Lone Oak Road includes St. Paul and northern Y and Lexington Avenue. Dakota County, announced last But the city is not sure if the week that postal officials named existing facility will be expand- } <a Eagan as a feasible site for relo- ed or torn down for a new, state- cation of the St. Paul Processing; of-the-art building. and Distribution facility. , While the city is pleased Moving the 12-acre down- r - with the news, there are trans town postal facility, which portation improvements that processes 5 million pieces of Photo by Rick Omdorf would be necessary for the relo- mail per day, will make way for Eagan currently has a bulk mail facility that sits on 91 acres in cation to take place, Hedges ° an industrial area near Lone Oak Road and Lexington Avenue. St. Paul's riverfront redevelop- said. ment and the establishment of "We're excited to get 1,300 an east metro transit hub at years to complete, but it will ment," McCollum said. to 1,400 new jobs in the city, Union Depot. provide 100 years of jobs and McCollum made the but on the same token, it's "This project may take 10 economic return on invest- announcement before Eagan See Post Office, 5A Post Office/from IA exists, he said, because the "That would allow people Postal Service owns the land. from the post office to go to conditional," he said. "These "If they're adding to the Carbone's on Yankee Doodle road improvements are crucial." facility, we can't have all the for lunch, or do business at More workers and more trucks exiting off of Lexington. Yankee Square," he said. trucks would put an additional We would need to close that gap The city hopes to discuss the burden on the existing trans- for access," he said. matter with Postal Service offi- portation system, he said. The city would also like to cials, as well as Sens. Mark For instance, there is current- have Northwood Parkway, Dayton and Norm Coleman, ly a gap in Denmark Avenue which currently terminates at next week, he said. between where it ends near Denmark, be extended over Home Depot and begins again 35E as a bridge overpass that Erin Johnson is at. near Sam's Club. The gap ties in with Central Parkway. eagan.thisweek@ecm-inc.com. a~i Copeland gets help raising funds Metro-wide media S ~k of a, D . campaign aims to raise money for orphanage by Erin Johnson Co eland/from lA THISWEEK NEWSPAPERS P Mary Jo Copeland is get- Both Clear Channel "We're fortunate to ting some major media mus- Communications and Risdall have the opportunity cle to help raise money for her Advertising Agency, enc which planned Eagan orphanage. g g y' to make a difference . created the campaign, are pro- Local offices of Clear viding their services for free. In our COmmurlltleS Channel Communications are The cost of the donated mes- . and to assist Mary donating their media services to the cause by putting hun= sages sages totals more than 00. Jo in making her dreds of messages on radio, The campaign will feature . dream come true." billboards and airport posters spots on major metro radio -Mick ArlSelmo in the Twin Cities. stations, such as KDWB and The six-week "awareness- KFAN, as well as more than REGIONAL VICE PRESIDENT, building" campaign began CLEAR CHANNEL RADIO 50 billboards that will promi- Seeee Co. nently display Copeland's S Copeland, 6A Web site, www.giftofmary.com. All messages will commu- this year, has had trouble rais- nicate the campaign's theme: ing funds for the children's "When you help us build Gift home. of Mary Children's Home, She still needs to raise $26 your gift will last a lifetime." million of the $30 million Clear Channel Radio project. Regional Vice President Mick Gift of Mary Children's Anselmo said his company is Home is planned as a private- committed to helping the ly-run Rule 8 group home, set needs of children in the Twin up as 20 individual town- Cities. homes that can accommodate "Mary Jo's passion for up to 200 children. people, is heartfelt, and her Plans also include a K-12 vision for the Gift of Mary private school, a teen center, Children's Home is strong:' recreational facilities, a he said. "We're fortunate to chapel and a gymnasium. have the opportunity to make Copeland and her husband, a difference in our communi- Dick, plan to build the home ties and to assist Mazy Jo in on 37 acres that they pur- making her dream come true" chased between Highway 55 John Risdall of Risdall and Lone Oak Road near -the Advertising in New Brighton Inver Grove Heights border. said his company jumped at Eagan approved the Gift of the chance to lend a hand to Mary project.in June 2002. Copeland's project. The city has already com- Risdall Advertising has pleted utility and frontage worked with several organiza- road improvements to the tions dedicated to helping project area, but decided to youth at risk, he said. hold off on water service due "Many of the guiding prin- to Copeland's funding prob- ciples behind Gift of Mary lems. resonate with our culture and - the way we interact with oth- Erin Johnson is at ers,"he said. eagan.thisweek@ecm- Copeland, who hoped to inc.com. break ground on the 'project C~ 9 MAC's new map outlines impact of airport noise Eagan wants AMC to make good on commitment to insulate affected homes by Erin Johnson THISWEEK NEWSPAPERS The Metropolitan Airports . Commission (MAC) recently rte, - released anew map identifying I 49the level of noise impact on r communities around the airport, including Eagan. 7uDNt-; The 2007 draft noise expo- sure map indicates which areas might be eligible for future insulation - to buffer airport noise. The map takes into account 6dONL neighborhoods affected by the new North-South runway, to be - - i completed in 2005, which will introduce flight paths directly over portions of Eagan. ter', - fo The recently released map has contours indicating the Submitlrd graphic level of noise these areas will be The new MAC map shows how Eagan fits within the airport exposed to, using a measure- noise contours. The area immediately surrounding the airport ment called a Day-Night Level has the highest Day-Night Level (DNL) noise reading at 75. (DNL). DNL is an annualized aver- the DNL, the lower the noise lates houses that are in the 65- age of a 24-hour noise environ- level. plus DNL. ment around airports. The lower Currently MAC only insu- See Noise, 5A Noise/from lA Administrator Dianne Lord, Airport Commission who is active in monitoring air- Chambers. The committee will In 1996, 195 Eagan homes port noise issues for the city, go over the new boundaries and identified as being in the 65- Current MAC members will prepare a recommendation for plus DNL were insulated under now have to make a policy MAC. the noise mitigation program. decision as to whether homes in The contours will also be Noise mitigation includes the 60-64 DNL will still be eli- discussed at the next MAC adding air conditioning, new gible for insulation, she said, meeting, which will be held windows and doors, ventilation "The question is, will the either March 15 or April 19. and insulation to homes. MAC reaffirm that action that it "No firm date has been set According to MAC, there took in 2002 and follow when the Airports Commission are no Eagan homes that fall through with that action when as a whole will consider these within the 65-plus DNL on the they submit plans with the contours," Lord said. new map. The draft contours FAA?" she said. Residents can find out if include 547 Eagan homes in the Pat Hogan, MAC public their home will be affected by 60-64 DNL. relations director, said plans for visiting MAC's Web site, In April 2002, MAC submit- noise mitigation still include www.macnoise.com. The site ted plans to the FAA that put homes in the 60-64 DNL, but has a tool that allows users to $150 million toward residential specifics of the program have click on the draft contours, type sound insulation, which would yet to be addressed. in their address and see whether include areas in the 60-64 "Exactly what form that mit- it is bounded by the noise con- DNL. igation will take is still under tours. One month later, MAC with- discussion," he said. "The absolute earliest that drew its plans in order to update The commission will dis- these contours would be in the DNL contours. At the time cuss the noise mitigation pro- place and approved by the that MAC withdrew its plans, it gram this summer, he said, and FAA, being incredibly opti- reaffirmed that $150 million the earliest homes would begin mistic, would be 2005," she would be included in the new to receive insulation would be said. "So you're looking at like- plans for mitigation of noise in late 2005. ly a couple of years out before the 60-64 DNL contours. The contours will be dis- this process would be com- "'That action took place in cussed March 8 by the airport's plete." May of 2002. There is a new Planning and Environment commission in place now, " Committee during a public Erin Johnson is at said Assistant to the Eagan City meeting at 9 a.m. in the MSP eagan.thisw k@e -inc. om. r. 1 - ~ . EG THISWEEK February 21, 2004 7A Eagan land is county's first acquisition with natural area program dollars by Laura Adelmann "It's really exciting to pre- THISWEEK NEWSPAPERS "I think this is an serve that kind of property in Dakota County has made its Dakota County," said Moratzka. first expenditure of Farmland excellent example of The FNA Program was and Natural Area (FNA) the city, county and developed after voters approved Program dollars to enlarge and state ointl rOVId- a $20 million bond referendum preserve parkland in Eagan. y_P in 2002, allowing the county to _ The county's $270,297 ing funds for a land purchase conservation ease- expenditure, approved by com- ments or property to preserve missioners Feb. 17, combines Protection project. undeveloped land. with city and state funds to - Al Singer Commissioners also secure another nine acres of FARM AND NATURAL AREAS approved a request by county land adjacent to Patrick Eagan PROGRAM MANAGER staff to begin negotiations with Park. six other property owners inter- Owners Lee and Lori ested in the program. Anderson will receive $900,000, and the city of Eagan Moratzka called the acquisition Laura Adelmann is at will become the property's new "significant" dceditor@frontiernet.net. owner. The money was funded from a variety of sources: the Department of Natural Resources ($349,703), the city of Eagan ($180,000), and Metro Greenways ($100,000). County FNA Program Manager Al Singer said a per- manent easement will be placed on the property, preserving 'it forever as park land. If the DNR is unable to monitor or enforce the ease- ment, according to Singer, the easement will revert to the county. The property will be open for hiking, picnicking and offers scenic views. from Lexington Avenue. "I think this is an excellent example of the city, county and state jointly providing funds for a land protection project," said Singer. Planning Director Lynn 3 )czu •0U0 -1:) b~o rOr.~~ca:Pai~ M bD cC G a~ b c 0 o 0 ^'•3~• a~i ACY. pOq y CL V o alb > 3 b a>i O ° C6 ~ O 03~„ d N~ C~ y L7 ~ ~ ~ U •b d) °U v~~ •A .li C"I~i • ai cd w c~ C', g cv ob ca d.S.~ ~ a_o a F = a°qqA c °w o y o ct>! N C y ~ ~0 h U ~ O c'03 O F»" N o akl y 1:6b4 Pr° N ~ ° czo ~a0 a3~U wo'° 8 pa>, ~,wo~o'",1 cn C ~''O o t+ U 0 a LL aoi ° a: a a :S b y «J > cd g y 'ma'y 0 i; .0 ~ ~ c00 V] .s ~ Y bw c`~p y c~ > ooc° o°q W 30 ~M~o°~b boys>~.~ ~xa 4) 0 U) r. _ N UR5 0 7~ ~•.o yob wn.c .ca 0. b 3~> 3 y f- "y w y 0C-;'8 N - 49 4~4_ w ° O z8- .4 O • R U RybA~04Um° 0W °0 (1 N C ~p ca U') L6 ° 0~ °-do 00 ~v SO ti ~s 0) 0 -0 Q U O C 3 p, O O' o~~ O'b c' b o 0.3 p O N cc N v o3 a'bg'9 5 N U4, ~",ctdU °~O°~ o ate' ~U'. ¢ G' • ' O ti DD 0 ~N am m ~0 y' .Oy U ~ ® x - s w s t, 'O s d cu bq C ?4 b O d boowo oYoo a3~ o 0412-.2 o a> -0 0,0 04 Po 0 g o ~b~`d3 oar 3, 10 1=0 tip _N Y `rt• C O i o W ~r ° at i-r Ci d O vji aQ LaUU aq UwU o~ 3 uU o 'o vNi 'r. J" •ti cd 41 p w i ~•,C v> N N O 'CS O y ,1~'. ° a 3 o 0~ o~ ~a~ra'„ o a~~ o 00 ° O 3 on + y b 0 a~i r O 40 0 y aq'C ~ U ~ U~ CS a~3 G Q O 1 2.t4 j E! O G. ca iq O Q 0, o d b > .b oU .0 a' p,y > co° ao' a~ 2 ~°'y 0 l ~ . g v ~a v ~•~~T7 o a a~ ou34° o; o Q -o P4 ~ b ob ~ ~C's a~ .o~ agn3 a°yU ~b y t;= ° a~. ba. y.c oad. rye ~y-~ au 0U~ o3a' o`er OU 3° on ° c ~a y ai > ti 0 0° a~ " o c~ 3 i, T y Fo~~~n~-dam ;0'6 .bao"O>,~~da°~3 o cC O a~ oA a~ v O 5 C v 7 rwy N❑ N -5 on mU c v . -0 Q G+~ ~ o A ~ 3 o W ~ w L7. cC ~S 18A February 21, 2004 THISWEEK EG Transit/from 3A through a national wildlife refuge area, triggering envi- place. What we want to do is ronmental studies which add to it." would create at least 10 years Shoulder improvements, of gridlock before anything Nau explained, will allow could be done to improve con- buses even faster travel by gestion. avoiding congestion and back- Since Governor Tim ups that form at traffic lights. Pawlenty included $10 million He estimates the entire for Cedar Avenue improve- project will cost $100 million ments in his proposed bonding and anticipates 16,000 to bill, officials are hopeful the 17,000 round-trip riders daily project will get some funding by 2025, based on the regional this session. travel demand model, original- However, Rep. Chris ly developed by the Gerlach, R-Apple Valley, chief Metropolitan Council. author of the House bonding Riders would pay the same proposal said he plans on mak- amount as they do for existing ing a case for supporting more, services, which is $2.50 for an acknowledging the county adult rider using rush-hour board's $20 million request. express service. With more than 100,000 Nau said the county has vehicles traveling Cedar at the opted to go with BRT over river crossing every weekday, light rail to contain costs. he said action needs to be "The reason Dakota County taken now. is focused on Bus Rapid "We have to start now Transit is that a light rail line before traffic gets worse and would require a new bridge worse," said Gerlach. over the Minnesota River," said Nau. Laura Adelmann is at That bridge would run dceditor@frontiernet.net. Q iUl p Aw. IS a.3 a y~ o 0 og~ o ~ oc 3 d a~ o Q" and .~~ooao a . gz-s o a cd: ~i A -ca y :r _!4 M c~ I~ 'a7 ..~'a 0 cd C4 v s yy to A lr13"''.~•.~~+ O! S..i .wig O•y ~ cC t ~ ~ d ~ t~ ~ rn W ~ y U~~' CuD p 00 r U CQ N w t~ tk d tkot~ w 0 w O y ID o~ j a a; 5 i5 ca V w~ d a~ a ~g d 0 0 d V iO Ats o s~ -tv Im, >14 Y > .'T. crab r`~n'viA y w ' s: ao Uf. d y '3 'b p m c >o w aye b w a El w 0 to 00 fA O M O C t ~ ~ ~ V ~ d~0 y ~ ~ A~ ~ ~ vii Do (D (D 1 00 SM. 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