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03/15/1994 - City Council RegularAGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING MARCH 15, 1994 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:30 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:35 - VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. 6:45 - PRESENTATION - DAKOTA COUNTY RECYCLING AWARD V. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) VI. 6:55 - CONSENT AGENDA (PINK) . 2 A. PERSONNEL ITEMS 2 B. LICENSES, Plumbers 1a. c{ C. PROCLAMATION, Days of Remembrance of the Victims of the Holocaust Week, April 3-10, 1994 �,1 D. ADOPTION of Resolution Regarding Administration of Permanent Rules - Wetlands Conservation Act (t E. APPROVE Certificate of Correction to Plat, Outlot A, Town Centre 100 -6th Addition r F. CONTRACT 94-01, Approve Plans and Specifications/Authorize Advertisement for Bids (7.(Cedar Grove 7, 8, 10 & 11 - Rehabilitation) f� G. PROJECT 661, Receive Feasibility Report/Order Public Hearing (Sibley Terminal P. Industrial Park - Street Rehabilitation) 2 yH. PROJECT 673, Authorize Feasibility Report (Farm Road/Gun Club Road - Street & Q` Utilities) 2--.1-3.RELEASE Temporary Access Easement (Lot 1, Block 2, Duckwood Crossing) e- .45 J. AUTHORIZE Requests for Proposal, City Legal Consulting Services for General Civil, Prosecution, Labor and Bond Counsel ;46,K. APPROVE Telecommunications Auditing Services Proposal S° L. ISTEA Grant Application, Parks & Recreation Department, Minnesota River Valley 110 Trailway Link Ni.CONTRACT Agreement, Dakota County Sentence to Service ,7 NFINAL PLAT, Diffley Commons 3rd Addition Sr a 0. EXTENSION for Recording Final Plat, Autumn Ridge 4th Addition rue) P. ARC RECOMMENDATION, Metropolitan Airports Commission Complaint Categories e. VII. 7:00 - PUBLIC HEARINGS (SALMON) le A. PROJECT 638, Yankee Doodle Road - Reconstruction /1 B. PROJECT 667, Cedarvale Drive - Reconstruction VIII. IB. r.`nA. OLD BUSINESS (ORCHID) There are no Old Business Items NEW BUSINESS (TAN) SPECIAL PERMIT, Cub Foods, to allow a temporary greenhouse on Lot 1, Block 1, Cliff Lake Center, in the SW 1/4 of Sec 29 REZONING, Wendell Carlson, of approximately 1.4 acres from R-3 (Townhouse) to R-1 (Single -Family) located along the east side of Galaxie Avenue south of Cliff Road in the NE 1/4 of Sec 33 PRELIMINARY PLAT, Galaxie Hill Oaks Addition/Wendell Carlson, consisting of four lots on approximately 1.4 acres and a VARIANCE of 10' to the required 45' cul-de-sac radius located along the east side of Galaxie Avenue South of Cliff Road in the NE 1/4 of Sec 33 X. ADDITIONAL ITEMS (GOLD) XI. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) A. UPDATE on Dakota County League of Governments March Meeting SII. ADMINISTRATIVE AGENDA (GREEN) XIII. VISITORS TO BE HEARD (for those persons not on agenda) 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. MEMO TO: FROM: DATE: SUBJECT: HONORABLE MAYOR AND CITY COUNCILMEMBERS CITY ADMINISTRATOR HEDGES MARCH 11, 1994 AGENDA INFORMATION FOR THE MARCH 15, 1994 CITY COUNCIL MEETING After approval is given to the March 15, 1994 City Council agenda, the regular meeting minutes for the February 28, 1994 City Council meeting, and Special City Council minutes for the January 25, February 1 and February 28 Special City Council meetings, the following items are in order for consideration. ;::I ::: 'Ifi N > < DAI O. . 1,3NTYRECV vv..... n.....v.....v...:.........:..v.............................. n..v.v.::n. m..w n....:w...•..c. n...... n.... n. nv4 ni•:iviti•::i•: i::::i:xw:iii{4.v..v:::Nv:>rr:�:•. In late 1993, the National Recycling Coalition recognized Dakota County with an honorable mention for the best urban recycling program. Because the Dakota County program is a cooperative effort between the County and local units of government, the County has replicated and framed a picture of the award for each participating community to receive and display. Communications/Recycling Coordinator Foote will be present at Tuesday's meeting to provide brief comments relative to the award and present it to the Mayor as representative of the Council and the City. Agenda Information Memo March 15, 1994 City Council Meeting There are sixteen (16) items on the agenda referred to as consent items requiring 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 Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. Personnel Items Item 1. Seasonal Street Maintenance Worker—In the interim between regular City Council meetings, City Administrator Hedges approved the hiring of Dan Herkdole as a seasonal street maintenance worker upon recommendation of Superintendent of Streets Erhart and Street Supervisor Struve. ACTION TO BE CONSIDERED ON THIS ITEM: To ratify the hiring of Dan Herkdole as a seasonal street maintenance worker. Item 2. Seasonal Recreation Employees --It is the recommendation of Recreation Supervisor Nowariak that the following persons be hired for 1994 as seasonal recreation employees: Melanie Mesko and Holly Confer as seasonal recreation leaders; Katie Jorgenson as a seasonal recreation assistant; and LeiLani Fischer as a seasonal recreation program assistant. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Melanie Mesko and Holly Confer as seasonal recreation leaders; Katie Jorgenson as a seasonal recreation assistant; and LeiLani Fischer as a seasonal recreation program assistant. PLUMBERS' LICENSES B. Licenses, Plumbers --Ci Code requires that plumbers be licensed on at least an annual basis. Enclosed on page . is a list of plumbers whose license applications are in order for consideration by the City Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers' licenses as presented. d PLUMBER LICENSES FOR APPROVAL - YEAR 1994 1. NS/I PLUMBING INC 2. NORDIC SERVICES INC 3. NORTH ANOKA PLUMBING 4. OLBERG CONST 5. PIPER PLUMBING 6. ROBERTS PLUMBING INC 7. SHIMON PLUMBING & HEATING INC For March 15, 1994 City Council Meeting 3 Agenda Information Memo March 15, 1994 City Council Meeting VICTIMS OF THE HOLOCAUST PROCLAMATION C. Proclamation, Days of Remembrance of the Victims of the Holocaust Week, April 3-10, 1994 --Enclosed on page is correspondence from the rated States Holocaust Memorial Museum requesting that the proclamation on pages through .1._ be considered by cities throughout the United States. ACTION TO BE CONSIDERED ON THIS ITEM: To proclaim April 3-10, 1994 to be the Days of Remembrance of the Victims of the Holocaust in Eagan. UNITED` r STATES HOLOCAUST MEMORIAL MUSEUM Februrary 18, 1994 MAR 4 Honorable Tom Egan Mayor of Eagan 3830 Pilotknob Road Eagan, Minnesota 55122 Dear Mayor Egan: The United States Holocaust Memorial Council was mandated to lead the nation in annual commemorations of the victims of the Holocaust, known as Days of Remembrance [Public Law 96-388, 10/7/80]. Millions of American citizens, both at home and abroad will participate in Remembrance observances from Sunday, April 3, through Sunday, April 10, 1994. The theme for this year's commemoration is Fifty Years Ago: Darkness Before Dawn. We recall the events of 1944, a year in which Nazi Germany decimated the Jewish populations of Hungary, northern Italy, France, the Greek Islands, and the Netherlands. Thousands of European Gypsies were killed in this year alone. East European forced laborers, ill with tuberculosis, were murdered in the so-called euthanasia centers. It was also the year in which the first major war crimes trial was held, that of the commandant and guards at Majdanek, a death camp located in the suburb of Lublin, Poland, and liberated by the Soviet troops in July of 1944. Now more than ever, your personal leadership in this national commitment to remember and commemorate is essential. Thus, we respectfully request that you issue a Days of Remembrance Proclamation (suggestion enclosed) and forward it, or a copy, to the United States Holocaust Memorial Museum for your City's permanent archive. This sends a message to the citizens of your City that in such trying times, you went on record to keep the promise "Never Again." The annual Days of Remembrance provide Americans with an opportunity to reflect anew upon our history and to contemplate our moral responsibilities to humankind, values our ancestors held dear. We look forward to receiving your Proclamation and hope that you will also initiate and participate in Remembrance ceremonies in your City. The United States Holocaust Memorial Museum, which opened to the public in April, 1993, has had an extremely successful year greeting well over one million visitors who came to leam what evil can do. We aspire to spread our message of leaming and remembrance to all Americans through the Museum and the Days of Remembrance. We are deeply grateful for your strong support. Enclosure Sincerely, ip,� 'yi•� A en mi Meed Chairman, Days of Remembrance A Project of the United States Holocaust Memorial Council 100 Raoul Wallenberg Place, SW, Washington, DC 20024-2150, Telephone (202) 488-0400, Fax (202) 488-2690 CITY OF EAGAN PROCLAMATION UNITED STATES HOLOCAUST MEMORIAL MUSEUM DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST APRIL 3 - APRIL 10, 1994 WHEREAS, six million Jews were systematically murdered by Nazi Germany and their collaborators from 1933 to 1945, as well as hundreds of thousands of Sinti and Roma (Gypsies) and the handicapped; millions of Poles, religious and political dissidents, and those deemed by the Nazis to be "unworthy of life" were swept into this abyss; and WHEREAS, all citizens of the United States should remember the atrocities committed by Nazi Germany and their collaborators and recognize that each of us must remain vigilant against tyranny; and WHEREAS, Friday, April 8, 1994, has been designated, pursuant to an Act of Congress, as a Day of Remembrance of the Victims of the Holocaust, known internationally as Yom Hashoah; and WHEREAS, it is appropriate for the citizens of Eagan to join in this commemoration with the United States Holocaust Memorial Museum, this nation's center for learning and remembrance of the Holocaust; NOW, THEREFORE, BE IT RESOLVED that I, Thomas Egan, Mayor of the City of Eagan, do hereby proclaim April 3 - April 10, 1994, as Days of Remembrance of the Victims of the Holocaust in memory of those victims and in the hope that we will strive, as a nation and individually, to overcome prejudice and inhumanity through education, vigilance and tolerance. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Motion made by: Seconded by: Those in favor: Those against. Dated: Its Clerk CERTIFICATION I, EJ. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing proclamation was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this day of , 1994. 6 EJ. VanOverbeke, City Clerk City of Eagan Agenda Information Memo March 15, 1994 City Council Meeting WETLANDS CONSERVATION ACT RULES D. Adoption of Resolution Regarding Administration of Permanent Rules, Wetlands Conservation Act --Enclosed on page O is a memorandum from the Parks & Recreation Department covering the Board of Water & Soil Resources' expectations relative to local ggvernmentalis administering the wetlands conservation rules. Also enclosed on pages through f 0 is a resolution which conforms to the BWSR requirements in this regard. ACTION TO BE CONSIDERED ON THIS ITEM: To adopt a resolution regarding the administration of permanent rules for the Wetlands Conservation Act as presented. TO: TOM HEDGES, CITY ADMINISTRATOR KEN VRAA, DIRECTOR DEPARTMENT OF PARKS AND RECREATION FROM: RICH BRASCH, WATER RESOURCES COORDINATOR DEPARTMENT OF PARKS AND RECREATION RE: ADOPTION OF RESOLUTION REGARDING ADMINISTRATION OF THE PERMANENT RULES -WETLANDS CONSERVATION ACT DATE: MARCH 1, 1994 It has recently come to light that the Board of Water and Soil Resources (BWSR) would like to have those local units of government (LGU's) accepting responsibility for administration of the permanent rules of the 1991 Wetlands Conservation Act adopt a resolution formally documenting this action. As you will recall, the City Council adopted a motion at its September 7, 1993 meeting to accept responsibility as the LGU for the permanent program. I've prepared the attached resolution to formally recognize this previous acceptance of responsibility as requested by BWSR. I am requesting that adoption of the resolution be placed on the Council agenda for their March 15 meeting. Please let me know if you have any questions or need more info ation. Thanks! Rich Brasch Water Resources Coordinator cc. Tom Colbert RESOLUTION NO. CITY OF EAGAN RESOLUTION DESIGNATING THE CITY OF EAGAN AS THE LOCAL GOVERNMENT UNIT(LGU) REGULATING THE WETLAND CONSERVATION ACT OF 1991 WHEREAS, the Wetland Conservation Act of 1991 was adopted by the Minnesota State Legislature, which required the Board of Water & Soil Resources (BWSR) to promulgate permanent rules and regulations pertaining to wetland alterations; and WHEREAS, the Minnesota Wetland Conservation Act of 1991 requires that a Local Governmental Unit be designated to administer the permanent rules; and WHEREAS, the City of Eagan officially adopted a motion at the September 7, 1993 City Council meeting to accept responsibility as the local government unit for administration of the permanent Wetlands Conservation Act within the legal boundaries of Eagan; and WHEREAS, the City of Eagan also agreed to begin implementing the permanent program of the Wetlands Conservation Act on December 15, 1993; and WHEREAS, the Board of Water and Soil Resources has requested that local government units adopt a resolution that documents these actions; NOW, THEREFORE BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, that it officially recognizes it's previous acceptance of responsibility as the local government unit for administration of the 1991 Wetlands Conservation Act within the legal boundaries of the City of Eagan. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Motion made by: Seconded by: Those in favor: Those against: Dated: Its Clerk CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this day of , 1994. E.J. VanOverbeke, City Clerk City of Eagan Agenda Information Memo March 15, 1994, City Council Meeting APPROVE CERTIFICATE OF CORRECTION TO PLAT (OUTLOT A. TOWN CFR 100 6TH ADDN) E. Approve Certificate of Correction To Plat, Outlot A, Town Centre 100 -6th Addition -- With the final platting of the above -referenced subdivision, a dimensional error was referenced on the final plat documents with reference to the location of a drainage easement for O'Leary Lake. This was a surveyor's a or and in order for the plat documents to be corrected, the Resolution enclosed on page must be approved by the City Council. This error has been reviewed by the Engineering Division and found to be appropriate for correction through this requested Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Certificate of Correction to Outlot A, Town Centre 100 6th Addition, and authorize the Mayor and City Clerk to execute said Resolution. ll LAND SURVEYORS CERTIFICATE OF CORRECTION TO PLAT Name of plat: TOWN CENTRE 100 SIXTH ADDITION Pursuant to the provisions of Chapter 505.175, Laws of Minnesota, 1957, James E. Boerhave, the undersigned, a Registered Land Surveyor in and for the State of Minnesota, declares as follows: 1. That I prepared the plat of TOWN CENTRE 100 SIXTH ADDITION, dated July 11, 1988 and filed on July 27, 1988 in the office of the County Recorder, Dakota County, Minnesota, in Book 16 of plats, page 23. 2. That said plat contains errors, omissions, or defects in the following particulars to -wit: The distance dimension of 102.00 feet from the southeast corner of Outlot A to the southeast corner of the drainage and utility easement around O'Leary Lake is incorrect. 3. That said plat is corrected in the following particulars, to -wit: The distance dimension from the southeast corner of Outlot A to the southeast corner of the drainage and utility easement around O'Leary Lake is 182.00 feet Dated this 1514 day of /"2BRli4ZV , , 1994. gistered Land Surveyor License No 7095 State of Minnesota The above Certificate of Correction to the plat of TOWN CENTRE 100 SIXTH ADDITION has been approved by the City Council, at a regular meeting of the City Council of Eagan, Minnesota, held on the day of , 1994. by Mayor by Clerk This Certificate of Correction has been reviewed and approved this day of , 1994. By Dakota County, Surveyor Agenda Information Memo March 15, 1994, City Council Meeting APPROVE PLANS & SPECS/AUTHORIZE AD FOR BIDS (CEDAR GROVE 7.8 10 & 11 - REHABILITATION) F. Contract 94-01, Approve Plans & Specifications/Authorize Advertisement For Bids (Cedar Grove 7, 8, 10 & 11 - Rehabilitation) --On January 25, 1994, a public hearing was held and the reconstruction of streets within the Cedar Grove 7th, 8th, 10th, 11th & Ken Applebaum Additions was approved. The staff was directed to prepare detailed plans and specifications and to proceed with appraisals. The plans and specifications have now been completed and are being presented to the City Council for their consideration of authorizing a solicitation of competitive bids. Once these bids have been received, an analysis of the project cost along with the appraisal results will be presented to the City Council for their consideration of awarding the contract. ACTION TO BE CONSIDERED ON THIS ITEM: Approve the plans and specifications for Contract 94-01 (Cedar Grove 7, 8, 10 & 11 - Rehabilitation) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Friday, April 8. RECEIVE REPORT/ORDER PUBLIC HEARING (SIBLEY TERMINAL INDUSTRIAL PK) G. Project 661, Receive Report/Order Public Hearing (Sibley Terminal Industrial Park - Street Rehabilitation) --On November 16, 1993, the City Council authorized the preparation of a feasibility report to look at the rehabilitation of the streets within the Sibley Terminal Industrial Park as a part of the approved 5 -Year CIP. Preliminary drafts of this report were presented to interested property owners on February 7, 1994, at City Hall. As a result of questions raised at that informational meeting, a follow-up meeting was held in the conferenc room of Gresser Concrete/Masonry Company on February 25. Enclosed on pages 1 C through 2 / is a memo summarizing the concerns and issues raised and discussed at those informational meetings. Subsequently, the final draft of the feasibility report was prepared and is being presented to the City Council under separate cover for their consideration of scheduling a public hearing to formally present and discuss the details associated with this project. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 661 (Sibley Terminal Industrial Park - Street Rehabilitation) and schedule a public hearing to be held on April 19, 1994. l3 MEMO _city of eagan TO: FILE FROM: MIKE FOERTSCH, ASSISTANT CITY ENGINEER DATE: MARCH 10,1994 SUBJECT: PROJECT 661, SIBLEY TERMINAL INDUSTRIAL PARK STREET & DRAINAGE IMPROVEMENTS SUMMARY OF INFORMATIONAL MEETING At 4:00 p.m. on Monday, February 7, 1994, the Public Works Department hosted an informational meeting for all properties associated with the Sibley Terminal Industrial Park - Street & Drainage Improvements. The properties included those adjacent to Terminal Drive from TH 13 to Yankee Doodle Road and those adjacent to Yankee Doodle Road from Terminal Drive to TH 13. Of the 24 notices that were mailed, six individuals representing five property owners documented their attendance at the meeting. These property owners are shown on the attached site plan. Tom Colbert and Mike Foertsch from City staff along with Steve Gatlin and Bruce Irish from Maier, Stewart & Associates, (MSA), the City's consulting engineer on the project, were available to answer any questions which the property owners had regarding the proposed improvements. A coordinated presentation by City staff and representatives from MSA was attempted to be presented to the property owners in attendance. The majority of the property owners in attendance at the meeting were not interested in hearing any presentation from staff or from the City's consulting engineer on the project. Those in attendance were not interested in the details —they simply wanted to know what the cost was and why the City was trying to "shove these improvements down their throat", so to speak. Staff attempted numerous times to answer questions from individuals in attendance, but was unable to respond due to the rude and belligerent behavior exhibited by two or three of the property owners. Finally after a number of outbursts from the property owners, the City's consulting engineer was allowed 5-6 minutes to explain the details of the project. This brief explanation by the City's representative from MSA was continually interrupted with outbursts from the property owners. 1 Following is a list of various issues identified by the property owners: • Although the report shows the addition of storm sewer in the low points on Terminal Drive and Yankee Doodle Road, the property owners stated without exception that in their opinion there were no inadequacies in the existing storm sewer system. • The report identified a total street rehabilitation project. The property owners strongly suggested that only areas of Yankee Doodle Road should be repaired. • The property owners wanted various alternatives identified and the cost associated with each alternative as additional information for them to consider. Staff stated they would provide those cost altematives. • The property owners stated there was no maintenance done on Yankee Doodle Road or Terminal Drive the past 20 years. Staff did not have the maintenance records available at the February 7 meeting. • Since the property owners are proposed to pick up the cost of the proposed improvements, the property owners wanted to "dictate" exactly what the scope of the improvements should be. • After the proposed street rehabilitation is completed, the Toad bearing capacity of Yankee Doodle Road and Terminal Drive will be consistently capable of carrying a 10 -ton per axle Toad. The property owners questioned why it wasn't done to a 10 -ton capacity when the original street was built in 1972. Staff responded by stating that at the time of the initial construction the then current load limits on State Trunk Highways and Interstate system were 9 -ton per axle Toad bearing capacity roadways. The meeting was adjourned at approximately 5:00 p.m. with a second meeting being set for 3:00 p.m. Friday, February 25, 1994, to be hosted by Mike Gresser at his office at 1771 Yankee Doodle Road. At 3:00 p.m. on Friday, February 25, 1994, Tom Colbert and Mike Foertsch met with five property owners associated with the proposed Terminal Drive/Yankee Doodle Road improvements at the office of Mike Gresser. Those in attendance at that meeting are shown on the attached site plan. At that meeting, Tom Colbert shared the following information. • Maintenance records for Yankee Doodle Road and Terminal Drive. • Costs associated with reconstructing the sag point on Yankee Doodle Road and portions of the Yankee Doodle Road/Terminal Drive intersection. 2 • Costs associated with providing milling and overlaying over the entire section of Terminal Drive and Yankee Doodle Road. • Costs associated with providing additional storm sewer inlet capacity at the low point on Yankee Doodle Road. • Costs associated with providing additional storm sewer inlet capacity at the low point on Terminal Drive. • Costs associated with replacing the existing commercial driveway entrances. • Costs associated with repairs to the existing utility system. The following are opinions drawn by consensus of those property owners in attendance at the meeting along with staff's response to their proposal: • The property owners agreed that the low point on Yankee Doodle Road between TH 13 and Terminal Drive needs to be repaired. They do not think the entire section of Yankee Doodle Road between these two points needs to be resurfaced in its entirety. The areas of Yankee Doodle Road beyond the low point only need to be patched and repaired. Staff's position is that the entire section of Yankee Doodle Road needs to be resurfaced. Staff agrees that the resurfacing will involve some reconstruction and some milling and patching with an overlay over the entire surface between Terminal Drive and TH 13. • The property owners do not agree with milling and overlaying the entire section of Terminal Drive between Yankee Doodle Road and TH 13. Staff's position on this item is that the entire roadway surface of Terminal Drive between Yankee Doodle Road and TH 13 needs to be milled, patched and an overlay placed on the entire surface to provide uniformity in the Toad bearing capacity of the entire street. • The property owners disagreed with the addition of storm sewer inlet capacity at the low point on Yankee Doodle Road. Staff does not agree with their opinion that no additional inlet capacity is required and stated that since the area adjacent to Yankee Doodle Road basically was in a developed condition, there was not an opportunity to provide internal storm sewer systems to intercept some of the drainage before flooding the surface of Yankee Doodle Road. • The property owners expressed a similar concem with the low point on Terminal Drive located just north of Yankee Doodle Road. Staff's response in that case was such that with the development of the adjacent vacant properties, internal parking lot storm sewer would be constructed with a direct connection to the existing storm sewer system located in Terminal Drive. The opportunity for overland drainage onto Terminal Drive, thus causing a flooded condition in the low point on Terminal 3 Drive, would be minimized with the development of the internal storm sewer systems on the adjacent properties. • The property owners objected to the unilateral replacement of all the driveways located within the Sibley Terminal Industrial Park simply because it doesn't comply with the City's current standard. Staff concurred with their concem regarding this matter and as a part of the revised preliminary feasibility report, staff was to identify only those driveway approaches which need to be reconstructed. Existing driveway aprons which were in good working condition were proposed to be left as they were. Staff agreed with the property owners' request to provide a window of time for the property owner to replace their existing deteriorated driveway through their own resources. If the property owner did not have the driveway apron repaired by the time of the roadway improvements, the driveway repair would be performed as a part of the public improvement. In summary, City staff was able to at least somewhat rationally explain the purpose of the proposed roadway improvements to this area. Staff could not agree with some of the recommendations being presented by the property owners and so informed them of their opinion. Staff informed the property owners that a number of the issues that were identified were policy issues which the City Council needs to consider at the public hearing. The consensus of the property owners at this meeting was that they should be able to "dictate" exactly the extent of the improvements proposed and that the City pick up the entire cost of any repairs within the Sibley Terminal Industrial Park. Their opinion is that the property tax should cover the cost of repairs to the existing streets within their area. eetin . = s adjourn ; d at approximately 5:00 p.m. istan gin MPF/jj " Attachments: Attendance List of 2-7-94 & 2-25-94 Meetings 4 NEIGHBORHOOD MEETING SIBLEY TERMINAL INDUSTRIAL PARK PROJECT 661 r NAME 1. S 0 2. GeoP 3 MONDAY, FEBRUARY 7, 1994 /P4 4. /664%) �O b-4350 ,J 5. /IJAT-7- 6. #77,1‘ 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. ADDRESS 3a6et 7 NJ Z)2_ '2_ Z Z 32 -to 4ft_ 332,0 % # /AL.. . 37-9, TT0ol,,"iL_ )12, l8 J.:tin:641,4s!4., :Ajt.eAts; —c..tik Ly ,Id 111 We...4,.0i... • ev., /0":6., Arp.• '6gsvr4k. .,,:C.KT410-, Ntie,$:, X0 IV 4 .W.04,620.5.161". • :6.1,:::?.?,:. :4. w • • • _ ' .: ..c._ /,'''',V4Vipit,_.;k." . ‘‘rfkr&'.-W.-,,,,, NA' - — • N.-,.. 1 .4 ..............:,..1,6,$...,A,r,g,,,,,,„,•,.„.4.,,,,,,,,,,74.4,_A44,:„..t....t.;,1,,,,,...„.,,,,......4....„:„.4,..„--,44,...,,N4 e.isc"..-' e-4,4:41%.*: i•:•• -t''''...;tiW.,t'eaZA:14,k:t.S.&%:$S.SIZ;6r>J, , ,.....Y. ''...t::;-. ••••.:K::,";•:•.:.'..-:';;,,.%.•: Yz:;.;:... '.:;.:.:7:;*..f7.t."..--:'-::7;;ri.•':::;;:;•7..--::-.‘,;:e"-....,';IT...'.:‘11'r.'",-NV:.-T';7.7.;F.ZC:;•:'r%:::.:;••‘r:44..'•tr.,......44:4-1,t40-1s.':;•t.l.tM"'-';:-.:•‘:;.:':n1-Zn't'r ';!:*''''F''!'Z'-'.-..' - Agav — 100441,_ ce421244_ ,Ja ... RA 77 4/4311-A) 33 to ra./fl /WAG D f.S4/, 29,2 11C -//WA(, Oi OS R flil lete 1 6t1g p 3_21 71abli.iNgt 10243 j024-50.).-) 3zzo no4514-) 644 E At _ cn-,73-71 ilSr/-57a3 • . • . • 11 • Agenda Information Memo March 15, 1994, City Council Meeting AUTHORIZE FEASIBILITY REPORT (FARM ROAD/GUN CLUB ROAM 11. Project 673, Authorize Feasibility Report (Farm Road/Gun Club Road - Streets & Utilities)—The developer of the Pines Edge subdivision and ISD # 196 are jointly petitioning the City of Eagan to upgrade Gun Club Road and its intersection with TH 3 and Farm Road to the necessary City standards to provide adequate safe access for development of an elementary school and continued residential neighborhoods in the southeastern corner of Section 36 adjacent to the Inver Grove Heights and Rosemount borders. In addition, this petition requests the extension of the necessary sanitary sewer, water, and storm sewer facilities to handle the immediate development proposals. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the petitioned request of ISD #196 and Shamrock Development and authorize the feasibility report for Project 673 (Farm Road/Gun Club Road - Streets & Utilities). RELEASE TEMPORARY ACCESS ESMT (LOT 1, BLOCK 2. DUCKWOOD CROSSING) I. Release Temporary Access Easement (Lot 1, Block 2, Duckwood Crossing) --Prior to the platting of the Duckwood Crossing development (Wendy's restaurant), a 40' wide temporary access easement was conveyed to the City of Eagan from Pilot Knob Road to a storm sewer system along 35E. With the platting of the Duckwood Crossings development, this temporary easement is no longer necessary. Due to the fact that this easement did not have an expiration date or terminating clause, the title company for Wendy's has requested formal Council action acknowledging the release of this easement. This request has been reviewed by the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To release the temporary access easement across Lot 1, Block 2, Duckwood Crossing, and authorize the Mayor and City Clerk to execute all related documents. .=2 Agenda Information Memo March 15, 1994 City Council Meeting AUTHORIZE LEGAL RFP'S J. Authorize Requests for Proposal, City Legal Consulting Services for General Civil, Prosecution, Labor and Bond Counsel—City Council policy requires that the City request proposals from providers of consulting services every three to five years. It is appropriate to consider Requests for Proposal for legal consulting services at this time. Enclosed oil page tit is a memo from Assistant to the City Ad for Hohswtein regarding the Legal Service RFP process. Also enclosed on pa e through is a copy of the general civil legal RFP and enclosed on pages L/ through `t) are the prosecution, labor and bond counsel scopes of service. The body of each RFP is largely similar with the scope of service defining the different categories of legal service. As a consequence, there are actually four separate RFP's. Only one has been included in the packet in the interest of space. As noted in the timeline in the RFP, it is anticipated that the screening and interview process will permit the City Council to make an award of contract for these services at its meeting of April 19. If the number of respondents or extenuating circumstances require that some of the proposals be staggered, the remainder would come before the City Council at its meeting of May 3. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize Requests for Proposal for City legal consulting services for general civil, prosecution, labor and bond counsel. MEMO city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: MARCH 9, 1994 SUBJECT: LEGAL SERVICE REQUESTS FOR PROPOSAL The process for review or the proposals for legal services is outlined in the RFP for each type of service. It is anticipated that the following selection panels will screen proposals and interview candidate firms. General Legal - City Administrator Hedges Community Development Director Reichert Public Works Director Colbert Prosecution - Police Chief Geagan City Administrator Hedges Labor - Assistant to the Administrator Duffy Police Chief Geagan Bond Counsel - Finance Director VanOverbeke Assistant to the Administrator Hohenstein Council interviews are tentatively scheduled for Monday, April 18, 1994 for the General Legal proposers, due to the level of interaction between the Council and the City Attorney. In the specialized areas of Prosecution, Labor and Bond Counsel, Council interviews are optional, but not as essential due to the lower level of direct Council interaction. Unless informed otherwise, staff will conduct those interviews and provide a recommendation directly to the Council in those specialized areas. If you have any questions in this regard, please let me know. stant to the City Administrator 04 REQUEST FOR PROPOSALS FOR CITY ATTORNEY/LEGAL SERVICES FOR THE CITY OF EAGAN PROPOSALS DUE: 4:30 P.M., MONDAY, APRIL 4,1994 LOCATION: CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MN 55122-1897 TABLE OF CONTENTS L PURPOSE OF REQUEST IL INSTRUCTIONS TO PROPOSERS III. PROPOSAL CONTENTS IV. SCOPE OF WORK V. PROPOSAL EVALUATION AND CONTRACT AWARD VI. TERMS AND CONDITIONS VII. CONTRACT ETHICS VIII. CONFLICT OF INTEREST IX. PROPOSAL CONTEXT - GENERAL INFORMATION REQUEST FOR PROPOSALS CITY ATTORNEY LEGAL SERVICES CITY OF EAGAN L PURPOSE OF THE REQUEST The City of Eagan is requesting proposals from experienced law firms for civil legal services rendered to the City. The firm requesting consideration should be aware that experience in the area of municipal law is a requirement for consideration. Detailed information concerning the City's needs is outlined in the following Request for Proposals. The applicant shall have sufficient resources to ensure that all of the city's legal needs will be met on a timely basis. IL INSTRUCTIONS TO PROPOSERS A. In order to ensure a fair review and selection process, firms submitting proposals are specifically prohibited from contacting other staff or Councilmembers regarding these proposals. B. Questions will be answered in a Pre -Submittal Conference. All proposals should be sent and all questions and correspondence should be directed to: Jon Hohenstein Assistant to the City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 (612)681-4600 C. The Pre -Submittal Conference will be held on Monday, March 28, 1994 at 2:00 P.m., at Eagan City Hall, 3830 Pilot Knob Road. The purpose of the meeting is to respond to any questions pertaining to the proposal document. Proposers are responsible for all information disseminated during the meeting. No plea of ignorance will be acceptable as a challenge to the bid award. D. All proposals must be received no later than 4:30 p.m. Monday, April 4, 1994. Ten (10) copies of the proposal must be presented. The copies shall be sealed and clearly identified with the project name and submittal deadline. In order to be considered a valid proposal, each proposal must meet the following requirements: 1 1. Written proposals are the only valid form. Proposals received after 4:30 p.m., Monday, April 4, 1994, will be returned unopened. Verbal proposals will not be permitted. 2. Each proposal must be signed by an officer of your firm who can be held accountable for all representations. F. The proposal shall be limited to a maximum of twenty pages, printed on one side. Additional material, other than that requested by the City, will be disregarded. Proposals submitted must provide complete information as indicated in this request. G. The City will review the proposals and schedule interviews for all finalists on April 18, 1994. Selection is expected will occur at the regular City Council meeting on April 19, 1994. H. Schedule for Contracting with City Attorney/ Legal Services: Council Approval of RFP March 15, 1994 Publication of RFP March 15, 1994 RFP's mailed March 21, 1994 Proposers meeting (9:30 a.m.) March 28, 1994 Last date for receipt of proposals (4:30 p.m.) April 4, 1994 Interviews held for selected proposers April 11, 1994 City Council Interviews (Optional) April 18, 1994 Contract awarded by City Council April 19, 1994 Contract period begins April 25, 1994 III. PROPOSAL CONTENTS A. Title Page Show the RFP subject, the name of the proposer's firm, local address, telephone number, name of the contact person, and the date. In the 2 �9 • event that a combination of firms is proposed, please indicate the lead firm. B. Table of Contents Include a clear identification of the material by section and by page number. Each section should be tabbed for reference purposes. C. Firm Background The Firm's background should include the following: 1. The name of the firm. 2. Address(es), phone number(s), and FAX number(s) of the firm. 3. Background information concerning the firm or firms, including the number of years in business under this name, areas of expertise and general services available. Approximately how many cases have the firm's attorneys tried to conclusion? How many have been tried before a jury? 4. The specific qualifications of the firm to perform municipal legal services. 5. The name of the person that would be responsible for the management and administration of a contract with the city, together with a description of such person's experience and qualifications. 6. Number of attorneys. 7. Number of paralegals. 8. Number of support personnel. 9. Provide an organizational chart identifying the firm's staff and their areas of responsibility. 10. Office location(s). 11. Describe your legal library and research capabilities with specific emphasis on law publications, computer links, what specific 3 continuing series are maintained, and the firm's capability to maintain a proper response time for legal reports and memos. D. Attorney Qualifications 1. Identify each attorney, paralegal and support personnel who will be supplying services for which the City will be billed. 2. For each person identified, please state: a. Relevant academic training and degrees through resumes for each lead attorney(s), junior partner(s), associates, or paralegals who may provide legal services to the City. b. A description of their prior municipal experience in the areas covered by your proposal and an estimate of the percentage of their work in those areas from 1990 through 1994. c. Other background or experience in the areas that would be helpful in evaluating your proposal, such as background or experience in the areas of municipal law, land use regulations/planning and zoning, eminent domain, real estate labor and municipally -related litigation, and criminal prosecution. d. Current principal responsibilities for individual(s) designated as lead attorney, including a statement of future availability. e. A description of the proposed allocation of work between the lead attorney and junior partners, associates, or paralegals. Include a statement indicating future availability. f. If joint ventures are proposed or consultants will be retained, a statement of such arrangements must be contained in the proposal including a brief description of each participant's role. E. Firm Qualifications 1. Knowledge and experience with Dakota County. 4 2. The stability and continuity of your firm as currently organized. 3. Statement of 1993 billings for municipal work as a percentage of total 1993 billings. 4. Provide your most recent audit or financial report. F. Approach to Scope of Work 1. The proposal should address the activities outlined in the Scope of Work section. The proposal should expand upon the items and set forth the firm's approach/ability to carry out the activities. G. Basis for Compensation 1. Budget documentation for each task must include a detailed description and explanation of all fees and/or charges that may arise for legal services. Specifically, your proposal will include a description for the dollar amount of fixed and/or hourly fees and costs your firm will charge for providing general legal services for the City of Eagan. a. Number of and names of attorneys and billing fee (identify each separately). If an hourly rate applies, please identify that proposed rate. b. Number of and names of paralegals and billing fee (identify each separately). If an hourly rate applies, please identify that rate. c. Number of supporting personnel, number of person days, billing fee (list each separately). If an hourly rate applies, please identify that rate. d. Identify the minimum increment of time billed for each service including phone calls, correspondence, personal conferences. e. Other costs and reimburseables including travel, telephone, printing, photocopying, Westlaw or Lexis fees, etc. f. State the rate for Council meeting attendance, whether 5 hourly or otherwise. (The meetings average four hours in duration). 2. The City of Eagan requests monthly billing statements which: a. Itemize the date of services. b. Identify the attorney, paralegal and/or support personnel providing the services. c. Iist time spent. d. Provide a detailed description of the services performed. e. State the fees for the those services. f. State the city personnel requesting services. g. Organize billing on the basis of activity, department and contact. h. Summarize monthly (and annually) costs by type of activity. If another billing format will be proposed, please describe that format and provide a sample. II. List of References 1. List the names and telephone numbers of three client references who the City may contact. If the firm has represented any Minnesota municipalities or governmental agencies from 1990 through 1994, state the name of that agency, and the name, title and telephone number of a reference at that agency whom the City may contact. If the firm has represented such an entity and does not wish a contact made, list the name of the municipality or agency, and state your reasons why no contact is requested. 2. List and describe previous and/or current experience in municipal legal services, specify activities performed, and the name of the person who may be contacted at the municipality. 6 3. A list of previous and/or current activities performed for the City of Eagan. 4. A list of previous or current clients who are involved in developments in the City of Eagan and Dakota County. S. A list of previous or current clients of the firm who are developers, specify activities performed for the client, and the name of any municipality where the firm might have provided services to the Qty. L Disclosures and Assurances (Appendix A) 1. Applicant Authority - Assurance that the signator making representations in the proposal on behalf of the proposer has the authority to do so and to bind the firm to a contract. 2. Compliance with Affirmative Action - The City of Eagan, Minnesota, has adopted a policy that it will not discriminate in employment practices on the basis of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, public assistance status, or disability; that it has agreed to take affirmative action to recruit minorities, women and persons with disabilities into its employment; and that it will transact business only with firms who have adopted similar non-discriminatory and affirmative action policies. 3. Insurance Coverage - Documentation of current insurance coverage and limits, including professional liability insurance shall be provided with the proposal. IV. SCOPE OF WORK A. General Municipal Legal Services Description 1. The City Attorney for General Legal Services is responsible for providing general legal support services for the City, acts in an advisory capacity to the City Council, and assists the staff with general legal direction. The civil law services required for general legal representation include, but are not limited to, the following: a. Attendance at all City Council meetings and other City of Committee meetings, as requested. 7 2c-3 b. Drafting of ordinances, resolutions, and review of City Council and Planning Commission agenda items and minutes. c. Codification of City ordinances on a current basis. d. Research and submission of legal opinions on municipal or other legal matters. e. Review of municipal contracts for public improvements, joint powers agreements, construction, purchase of equipment, and the like. fi Initial response to City staff inquiries, returning phone calls within the same day of inquiry. g. Offering and implementing proactive and creative solutions to problems. h. Meeting with and advising the Council, City Administrator, department heads, and designated individuals on general legal matters, in a timely manner. i. Meeting with the City Administrator as least once per month to review the status of all legal matters before the City and providing a quarterly written status report on all current litigation and unresolved matters. Providing, on a periodic basis, written updates on new state or federal legislation or judicial holdings impacting upon the City, and suggested actions or changes in operations or procedures to assure compliance. k. Representation of the City in matters related to the enforcement of City building, housing, zoning, and fire codes. L Defending the City in all litigation, except in those cases where insurance companies are required to exclusively provide defense, including but not limited to: 1. Human rights claims. 2. Zoning and land use regulation matters. 3. Permits and administrative actions. V. PROPOSAL EVALUATION AND CONTRACT AWARD A. The City intends to retain the legal services of the proposer evaluated to be the best qualified to perform the work for the City, cost and other factors considered. B. The City reserves the right to reject any or all proposals, and is not bound to accept the lowest cost proposal if that proposal is contrary to the best interests of the City. The proposals will be evaluated by a selection team. The team will rank the proposals and provide this information to the City Administrator. The City Administrator will recommend to the Qty Council the selection of the firms judged to be the most responsive and responsible proposers. The actual selection of the firm and award of contract will be made by the City Council. VI. TERMS AND CONDITIONS A. The City requests proposals for each of its consulting services every 3-5 years. The term of contract for the services under this request shall correspond with that policy. B. The City reserve the right to cancel or amend the request for proposals at anytime. C. The City reserves the right to determine the successful respondent and reserves the right to reject any or all proposals. D. Notwithstanding a contract award, the City reserves the right to negotiate the final terms and conditions of the contract to be executed. Should the proposer to whom the contract is recommended to be awarded be unable to mutually agree upon the entire contract, the City reserves the right to discontinue negotiations, select another proposer, or reject all the proposals. Upon completion of negotiations agreeable to the City and the proposer, a contract shall be executed. E. The City will not be liable for any costs incurred by the firm responding to this request. 9 F. Upon submission, all proposals become the property of the City, which retains the right to use any ideas presented in any proposal submitted, whether or not the proposal is accepted. G. The City shall pay the firm for services on the basis of the approved fee or fee schedule per the proposal. II. For the purposes of this agreement, the consultant shall be deemed to be an independent contractor, and not an employee of the City. Any and all agents, servants, or employees of the designer or other persons, while engaged in the performance of any work or services required to be performed by the City under this agreement, shall not be considered employees of the City of Eagan and any and all claims that may or might arise on behalf of the City, its agents, servants or employees as a consequence of any act or omission on the part of the designer, its agents, servants, employees or other persons shall in no way be the obligation or responsibility of the City. The consultant, its agents, servants, or employees shall be entitled to none of the rights, privileges, or benefits of City employees except as otherwise may be stated herein. I. The City shall pay for all services and items provided by the firm on a monthly basis within the typical City bill schedule and procedure. J. The City requires affirmative action, and, therefore, the firm selected shall not discriminate under the contract against any person in accordance with federal, state and local regulations. K. If, for any reason, the firm selected is not able to commence services under its proposal within 30 days after its award, the City reserves the right to award the contract to the next most qualified firm. L. If, for any reason, the firm shall fail to fulfill in timely and proper manner the obligations under the contract, the City shall reserve the right to terminate said contract by specifying the date of termination in a written notice to the firm at least thirty (30) calendar days before the termination date. In this event, the firm shall be entitled to just and equitable compensation for any satisfactory work completed. VII. CONTRACT ETHICS A. No elected official or employee of the City who exercises any responsibilities in the review, approval or implementation of the proposal or contract shall participate in any decisions which affects his or her direct or indirect personal or financial interest. 10 3� B. It is a breach of ethical standards for any person to offer, give or agree to give any City employee or City Councilmember, or for any City employee or Councilmember to solicit, demand, accept, or agree to accept from another person or firm, a gratuity or an offer of employment whenever a reasonably prudent person would conclude that such consideration was motivated by an individual, group, or corporate desire to obtain special, preferential, or more favorable treatment than is normally accorded to the general public. C. The firm shall not assign any interest in this contract and shall not transfer any interest in the same without the prior written consent of the City. D. The firm shall not accept any client or project which places it in a conflict of interest with its representation of the City of Eagan. If such a conflict of interest is subsequently discovered, the City shall be promptly notified, and the firm shall at all times comport their representation of the City in accordance with the Code of Professional Responsibility. VIII. CONFLICT OF INTEREST A. Indicate whether you or your law firm represent, or have represented any client which may create conflict with your ability to serve as City Attorney. B. Indicate whether you or your law firm currently represents any real estate developers. C. Indicate whether you or your law firm currently represents any other local units of government having jurisdiction consistent with or contiguous to the City of Eagan. D. Identify procedures your firm utilizes to identify and resolve conflicts of interest. IX. PROPOSAL CONTEXT - GENERAL INFORMATION A. City Organization The City of Eagan was incorporated in 1974 as a statutory, plan A city. Located in Dakota County, it comprises approximately 22,440 acres. It has a Council/Administrator form of government. The City provides a full array of municipal services including water, sewer, and street 11 3" lighting utilities; fire, police and civil defense protection; and general administrative functions. 1. City Council - The Eagan City Council is the final review and approval authority regarding all contracts, payments, plans, improvements, policies, procedures and other business of the City. The City Council, composed of four members and the Mayor, is the legislative and policy making body of the City. The Mayor, who presides over the City Council meetings, is elected at large for a four year term. The Councilmembers are elected at large for four year terms. Set forth on the following table is certain information pertaining to the City Council. NAME TITLE TERM EXPIRES Tom Egan Mayor 12/31/94 Pat Awada Councilmember 12/31/94 Shawn Hunter Councilmember 12/31/96 Sandy Masin Councilmember 12/31/96 Theodore Wachter Councilmember 12/31/94 2. City Administrator - The City Administrator reviews and coordinates all matters coming before the City Council. He is responsible for the implementation of Council direction and the coordination and management of City departments on a daily basis. 3. City Staff - The City Administrator implements Council direction through the department heads of seven City departments. They are Police, Fire, Public Works, Finance, Community Development, Parks and Recreation, and Administration. B. Demographic Statistics The City of Eagan is among the fastest growing cities in Minnesota. Its dramatic population growth and the predominance of two income households places a significant demand on City services and facilities. A summary of the City's population growth is outlined in the following table. 1980 U.S. Census 20,700 1985 Special U.S. Census 30,456 1990 U.S. Census 47,409 1993 City Staff Estimate 53,500 12 39 Eagan's growth is expected to continue into the future due to its locational amenities and the current environment and pressures for household formation. Conservative estimates place the City's population near 63,500 by the year 2000. As a result of the mobility associated with in -migration, the population is very young with a median age of twenty-eight and two percent of the population over sixty-five in 1990. C. Economic Overview The City of Eagan is a middle ring suburb which is roughly sixty-five percent developed. It has approximately 1,500 acres of commercially zoned land and 3,200 acres of industrial land. In excess of 1,000 businesses are located in Eagan. This employment base provides job opportunities to more than 26,000 persons. With an employment force slightly over 29,963 people, Eagan has virtually neutral employment ratio. 13 35 Appendix A Applicant Assurances The applicant hereby assures and certifies: 1. That the individual signing the assurance form on behalf of the individual, partnership, company or corporation named in the proposal possesses the legal authority to bind the firm by contract. 2. In connection with this proposal and any subsequent contract the consultant shall not discriminate against any employee applicant for employment because of race, color, creed, religion, national origin, disability, age, sex, sexual orientation or status regarding public assistance in accordance with federal and state law and local policy. 3. The consultant agrees to comply with all applicable federal, state and local compliance requirements. 4. That the firm(s) is/are adequately insured to do business and perform the services proposed (Attach Documentation). (Name of Firm) (Authorized Signature) (Title) (Date) OFFICIAL ADDRESS SCOPE OF WORK BOND COUNSEL A. General Municipal Bond Counsel Services Description 1. The City Attorney for Bond Counsel Legal Services is responsible for providing bond counsel and related support services for the City, acts in an advisory capacity to the City Council on bond issues, and assists the staff in bond direction. The bond counsel services required for general legal representation include, but are not limited to, the following: a. Attendance at all City Council meetings and other City of Committee meetings, as requested. b. Research and submission of legal opinions on municipal bond matters. c. Handling a variety of legal activity in General Obligation Bonds, Tax Increment Bonds, Tax Exempt Bonds, and other bonding and financial purposes. d. Initial response to City staff inquiries, returning phone calls within the same day of inquiry. e. Meeting with and advising the Council, City Administrator, department heads, and designated individuals on bond matters, in a timely manner. i Meeting with the City Administrator as least every other month to review the status of all bond matters before the City and providing a quarterly written status report on all bond matters. g. Offering and implementing proactive and creative solutions to problems. h. Providing, on a periodic basis, written updates on new state or federal legislation or judicial holdings impacting bonds and/or the bond rating of the City, and suggested actions or changes in operations or procedures to assure compliance. 'LH SCOPE OF WORK LABOR/EMPLOYMENT SERVICES A. Labor/Employment Legal Services Description 1. The City Attorney for Labor/Employment Services is responsible for providing labor/employment legal support services for the City, acts in an advisory capacity to the City Council, and assists the staff with legal direction. The labor/employment law services required for legal representation include, but are not limited to, the following: a. Attendance at city Council meetings and other City or Committee meetings, as requested. b. Drafting of ordinances, policies and resolutions, as requested. c. Research and submission of legal opinions on labor/employment legal matters, as requested. d. Initial response to City staff inquiries and return phone ells within the same day of inquiry. e. Meeting with and advising the Council, City Administrator, Personnel Director, department heads, and designated individuals on labor/employment legal matters, in a timely manner. f. Providing, on a periodic basis, written updates on new state or federal legislation or judicial holdings impacting upon the labor/employment policies and practices of the City, and suggested actions or changes in operations or procedures to assure compliance. Offering and implementing proactive and creative solutions to problems. g. h. Representation of the City in employment related issues, administrative hearings, labor negotiations, arbitration, and in litigation involving same, as requested. -CONTINUED- CONTINUED SCOPE OF SERVICES LABOR/EMPLOYMENT SERVICES i Interpretation and advice with respect to municipal labor/employment matters including, but not limited to: PELRA, labor agreements, personnel policy, FLSA, Veteran's Preference, and unemployment compensation. SCOPE OF WORK PROSECUTION SERVICES A. Municipal Prosecution Legal Services Description 1. The City Attorney for Prosecution Legal Services is responsible for providing the Qty of Eagan with prosecution against petty misdemeanors, misdemeanors, and gross misdemeanors, as well as providing related legal advice. This includes the ability to site codes as necessary and assist in the development of City policies and guidelines for managing different existing and potential situations. a. Attendance at City Council meetings as requested. b. Research and submission of legal opinions on municipal or other legal matters. c. Initial response to Qty staff inquiries, returning phone calls within the same day of inquiry. d. Accessibility to city personnel, especially police officers, 24 -hours, as needed. e. Meeting with and advising the department heads, and designated individuals on prosecution legal matters, in a timely manner. f. Meeting with the Chief of Police as least once per month to review the status of all prosecution issues and significant pending cases before the City. g. Providing a quarterly written status report on all current litigation and unresolved matters. h. Providing, on a periodic basis, written updates on new state or federal legislation or judicial holdings impacting the City, and suggested actions or changes in operations or procedures to assure compliance. -corrrINUEn- CONTINUED SCOPE OF SERVICES PROSECUTION i. Offering and implementing proactive and creative solutions to problems. I• • Providing, on a periodic basis, written updates on policy statements and suggestions for police training sessions. 4S Agenda Information Memo March 15, 1994 City Council Meeting TELECOMMUNICATIONS AUDITING SERVICES PROPOSAL K. Approve Telecommunications Auditing Services Proposal—The City was recently approached by the firm, Midwest Auditing Services, offering to audit our U.S. West telecom- munications bills. The purpose of the audit would be to determine that all charges to the City are correct and that no lines are being overcharged. Given the number and type of lines the City uses and the number and complexity of the traffic and billing methods, it takes special expertise to complete an audit of this nature. The payment for the auditing services comes from the savings and credits generated by the review. Consequently, there are no out of pocket expenditures for the City and the potential for some long-term savings. While the dollars will not be large, it is important that every dollar possible be saved. The Director of Finance has checked with the Cities of Edina and Coon Rapids who have satisfactorily completed these audits. They have provided satisfactory references for the company and the process. It is the recommendation of the Director of Fin'ce that thepq p o osal be approved and the project be undertaken. Enclosed on pages1/44 % through is a copy of the cover letter and proposal from Midwest Auditing Services. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the proposal submitted by Midwest Auditing Services to provide a telecommunications audit for the City of Eagan. MIDWEST AUDITING SERVICES Telecommunications Auditing & Consulting February 21, 1994 Mr.Gene VanOverbeek, Finance Director City of Eagan 3830 Pilot Knob Road Re: Telecommunications Auditing Services Proposal Dear Mr. VanOverbeek We would like the opportunity to audit your U.S. West telecommunications bills which would include a written summary of what you are being charged for. It would also identify areas of overcharges. We have attached a copy of our proposal for auditing the City o • . . West telephone bills. If you accept our proposal, Midwest Auditing Services will complete this audit within ninety (90) days from receipt of the following documents: • A signed copy of our "Letter of Agency" • A copy of the signed proposal that is attached. We are looking forward to performing these and other services for you. enclosures 3131 Fembrook Lane • Suite 240 • Minneapolis • MN 55447-5321 • (612) 557-8575 • (612) 557-8579 Fax V� MIDWEST AUDITING SERVICES Telecommunications Auditing a Consulting February 21, 1994 Mr.Oene VanOverbeek, Finance Director City of Eagan 3830 Pilot Knob Road *Mir Re: Revised Telecommunications Auditing Services Proposal Dear Mr. VanOverbeelc We are pleased to propose the following telecommunications auditing services to you for approval: • Midwest Auditing Services (MAS) will provide a written audit report to the City of Eagan detailing those services contained in the telecommunications billings provided to us. • Midwest Auditing Services will attempt to identify other directly controllable monthy charges that can be eliminated. • The audit report will also identify any refunds or credits adjustments that may be due the City of Eagan as well as any overcharges or rate savings to which the City may be entitled. • MAS will implement any changes suggested in the audit and approved by you . • Any additional consulting services will be addressed by a separate proposal and a separate supplemental contract between the City of Eagan and MAS. In consideration for the proposed auditing services, the City of Eagan agrees to pay MAS a fee based on the following schedule: A. For savings up to $ 1,125.00, the City of Eagan will pay MAS 100% of any savings or refunds obtained by MAS or pro -rata share thereof. B. For savings in excess of $ 1,125.00, the City of Eagan will pay MAS 50% of the first year's savings and 50% of any credits or refunds obtained by MAS. 3131 Fembrook Lane • Suite 240 • Minneapolis • MN 55447-5321 • (612) 557-8575 • (612) 557-8579 Fax Payment of the fees will be made in the following way: A. The fees for refunds and credits will be paid within 10 days after being received by the City of B. One-half of the first year's savings to be paid within 10 days after implementation of the savings program(s). The second half of the fee will be paid within 10 days after a six months' of the savings have been realized. David B. Linn Accepted: Authorized Signature Midwest Auditing ervices The City of Eagan Tide Date: Date: V9 Agenda Information Memo March 15, 1994 City Council Meeting RIVER VALLEY ISTEA TRAIL GRANT L. ISTEA Grant Application, Parks & Recreation Department, Minnesota River Valley Trailway Link—Enclosed on pages aSi. through 12 -is a memorandum from the Parks & Recreation Department covering a proposed resubmittal of an Intermodal Surface Transportation Efficiency Act (ISTEA) grant application for an extension of the City's trailway system from Nicols and Silver Bell Roads to the Minnesota River Valley in the area of Cedar Avenue Bridge to connect with the City of Bloomington and the State Park as part of the Regional Trails System. For additional information with respect to this item, please refer to the enclosure. ACTION TO BE CONSIDERED ON THIS ITEM: To approve an ISTEA grant application for Minnesota Valley Trail Access and Support Facilities and authorize submission of the application to the Metropolitan Council as presented. MEMO city of eagan DATE: MARCH 10, 1994 TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION SUBJECT: ISTEA GRANT APPLICATION — MINNESOTA VALLEY TRAIL ACCESS The purpose of this agenda item is to request authorization of the City Council to submit an application to the Metropolitan Council for grants funding under the Intermodal Surface Transportation Efficiency Act (ISTEA) Grants Program. BACKGROUND In April, 1993, the City Council authorized the Parks & Recreation Department to submit an application, under the ISTEA Program, for the development of 2.5 miles of bituminous trails connecting the City of Eagan trails system with the trails in the Greater Minnesota River Valley area including Fort Snelling State Park. The majority of trails development would have occurred along old Nichols Road, Silver Bell Road and Cedarvale Boulevard. Also included in the application were landscaping enhancements, signage and the reconstruction of the historic Nichols Depot as a trail head and historic interpretive facility. Unfortunately, the City's project did not rank high enough to receive funding in the first year of the ISTEA program. The Metropolitan Council recently announced the availability of $13 million in ISTEA funds for the metro area for the 1995-96 biennium. Project qualifying criteria and ranking criteria have remained essentially the same as they were in 1993. Similar to last year, the program will provide 80% federal matching funds, against a 20% local match, for all eligible facilities. Projects must follow the Federal Highway Administration processing requirements and be completed no later than December 31, 1998. Applications for the funding cycle must be postmarked no later than April 1, 1994. The City's current application has been completed and will be submitted to the Metropolitan Council pending Council authorization. PROJECT PROPOSAL This year's application is similar in most aspects as last year's proposal. The main component of the project will include the construction of 2.5 miles of bituminous trails as 5( ISTEA Grant Application — Minnesota Valley Trail Access Page -2- described earlier. Landscaping will include 200 trees located along the boulevard of Silver Bell and Nichols Roads between Highway 13 and Fort Snelling State Park. Facilitating trail usership and complimenting the cultural resources of the area will be the reconstruction of the historic Nichols Depot at the junction of the Nichols Road trail and Chicago Northwestern Railway Line. This facility will include interpretive graphics on the history of the Nichols community and early transportation modes, as well as offering trail head and parking facilities for trail users in the Minnesota River Valley. A sign monument on Silver Bell Road and Highway 13 along with other directional signage is also included. The total anticipated project cost is $400,000 including design and engineering expenses. The City will be seeking $320,000 in federal ISTEA funding along with a 20% local contribution. The City's local match will be derived from the City's trail dedication fund, operating budget, and interagency work programs. The proposed trailway construction has previously been identified as a priority by the Eagan City Council and Advisory Parks, Recreation and Natural Resources Commission. If successful, it is anticipated that this grant project will be completed and available for public use by the fall of 1996. FOR COUNCIL ACTION To approve, modify or deny the request of the Park & Recreation Department to submit a grant application under the federal ISTEA program for development of the Minnesota Valley Trail Access and Support Facilities. KV:JV/Ik L4/1STEAMMO S Agenda Information Memo March 15, 1994 City Council Meeting SENTENCING TO SERVICE PROGRAM AGREEMENT M. Contra ment, Dakota County Sentence to Service --Enclosed on pages through ) is a memorandum from the Parks & Recreation Department regarding the proposed continuation of an interagency agreement between Eagan, Apple Valley, Lakeville and Dakota County to provide parks maintenance work crews for offenders required to do community service by the County court system. The Parks & Recreation Department has successfully utilized this partnership arrangement to provide cost effective parks maintenance service while providing community service opportunities to the court system. ACTION TO BE CONSIDERED ON THIS ITEM: To approve an interagency agreement between the Cities of Eagan, Apple Valley and Lakeville and Dakota County for the Sentencing Service program as presented. 53 MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: MARCH 4, 1994 SUBJECT: INTERAGENCY AGREEMENT - COUNTY SENTENCING TO SERVICE PROGRAM As you will recall, last year the cities of Eagan, Apple Valley and Lakeville jointly negotiated an arrangement with Dakota County to create a separate Sentencing to Service (STS) work crew that would be available to these cities on a dedicated basis. As a result, a $6,000 appropriation was included in the Park and Recreation Departments' 1994 budget to cover Eagan's share of this inter -agency program. On March lst, Superintendent of Parks, John VonDeLinde, met with representatives of the Dakota County Community Corrections Office, County Attorney's office and representatives from Apple Valley and Lakeville to review a draft of the proposed interagency agreement. A copy of the agreement is attached for your reference. This draft has been reviewed and approved, as to form and content, by our City Attorneys office. Under the terms of the contract the city will receive the services of an STS work crew for 40 guaranteed work crew days. With an average crew size of eight workers this translates into approximately 2,560 hours of work or about $2.34 per worker hour. By today's standards this represents a tremendous "bargain" for our community. (A description of the program is also attached). This inter -agency agreement further exemplifies the city's longstanding partnership with the STS program, dating back to the late 1980's. As you know, Eagan was one of the first communities in Dakota County to take advantage of the STS program, which has since logged an impressive list of construction, landscaping, and maintenance projects in our parks and recreation system. Unfortunately in the past few years competition for the program has become very intense as other cities, county departments, and even the State DNR have become active users of the program. This has made it increasingly difficult for the city to gain access to the work crew for any extended period of time or on a predictable basis. The County has indicated that "inter -agency agreements" will be the trend in allocating STS work crews to host agencies, in the future. This agreement offers the city a chance to carve out it's "niche" in the future of the STS program, while still retaining access to the regular STS work crew on an "as available" basis. 51f For Council Action In consideration of the above discussion the Parks and Recreation Department is recommending approval of the inter -agency agreement between Dakota County and the City of Eagan for provision of an STS work crew in 1994. Ken Vraa Director of Parks and Recreation KV/nab 11b:hedges.062 Agenda Information Memo March 15, 1994 City Council Meeting FINAL PLAT/DIFFLEY COMMONS 3RD ADDITION N. Final Plat, Diffiey Commons 3rd Addition—Final plat documents have been finalized by the applicant and City staff. Therefore, Diffley Commons 3rd Addition is in order for final plat approval by the City Council. Enclosed on page 57 is a copy of the final plat as it appears for recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Diffiey Commons 3rd Addition as presented. Icc s to alW • 5-7 N RECEIVED FEB Agenda Information Memo March 15, 1994 City Council Meeting FINAL PLAT EXTENSION/AUTUMN RIDGE 4TH ADDITION O. Extension for Recording Final Plat, Autumn Ridge 4th Addition --Jim Ostenson of James Development Company has requested a third extension to record the final plat for Autumn Ridge 4th Addition. A copy of his request is attached on page ACTION TO BE CONSIDERED ON THIS ITEM: To approve a 30 day extension for the recording of Autumn Ridge 4th Addition final plat. S$ 'Zt# EOOd JIVLZ=60 t6 -60-E0 698LI16ZI9 • x96 -a • James Development Company : . • r, , • • • • • • • •• • • • March L, 1994 City of Eagan AM: Peggy Reichert 3830 Pilot Knob Road Eagan, MN 55122 RE: AUTUMN RIDGE 4TH ADDITION RECORDING OF PLAT • Dear Ms. Reichert: Janie L' Ostenson • • .• TIM Creek idpe " • •' •:Ofrde'. Praaident ,• 310- `;:'� • Bborralgtoit, iintiess$1,55439 • ' ' . 1219 6417805 • • .• ` . • FLQ941.7853: • In order to obtain the signatures required on the dedication ;beet foi the Autumn Ridge 4th Addition plat, we are asking the City for a third extension to.complete this requirement. The dedication sheet and mylar (3 copier) will be forwarded to Marilyn, City of Eagan, for processing. We thank you for this consideration. If you have any questions, please call me at (612) 941- 7805. 3incgely JiPik .a..SkigiDitgi • m Ostenson . .. JAMES * DEVELOPIVNT C014/2ANY • ' JOrmmg • • • • • • • • •• • • • •. .•• • • • • • • , . • • • • •.••:. • • • •• `..• •• .. • • •D• . •••r . •�+ • 5 • ' 0• Zt.'6 CEM 1.6-6 — Nell Agenda Information Memo March 15, 1994 City Council Meeting MAC NOISE COMPLAINT CATEGORIES P. ARC Recommendation, Metropolitan Airports Commission Complaint Categories— Enclosed on page L21 is a memorandum covering action by the Airport Relations Committee concerning noise complaint categories recorded by the Metropolitan Airports Commission's noise office. As noted in the memo, the ARC is recommending that the Council ask the MAC to add a supplementary category on the complaint form which would allow residents to register complaints concerning aircraft outside of the Eagan -Mendota Heights corridor. At the present time, such complaints are incorporated into one of eight noise complaint categories, particularly excessive noise. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the recommendation of the Airport Relations Committee regarding an addition to the MAC noise complaint categories as presented. MEMO city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: MARCH 9, 1994 SUBJECT: ARC RECOMMENDATION - MAC NOISE COMPLAINT CATEGORIES At its meeting of March 8, 1994, the Airport Relations Committee unanimously adopted a recommendation to the City Council that the City ask the Metropolitan Airports Commission's Noise Complaint Office to add a complaint category for aircraft outside of the Eagan -Mendota Heights Corridor. At the present time, the MAC records noise complaints in one of eight categories: excessive noise, early/late flights, low flying, structural disturbance, helicopter, ground noise, engine run-up and frequency of flights. Most complaints from corridor neighbors are likely recorded as excessive noise. Residents who call to complain about excessive noise due to flights outside the corridor do not have that additional detail noted. Because compliance with the noise compatible corridor is a significant element of the City's coexistence with the airport, the Committee feels that the availability of this data, even though subjective, would be worthwhile. It is the Committee's recommendation that the MAC continue to record the primary complaint in one of the eight categories, but that a supplemental category be added that would allow a tally of aircraft outside the corridor as the primary complaint. If you have any questions about this request, please let me know. ACTION TO BE CONSIDERED BY THE COUNCIL: To approve or deny the Airport Relations Committee's recommendation to request that the MAC Noise Complaint Office add a supplementary noise complaint category for aircraft outside of the Eagan -Mendota Heights Corridor. 'sistant to the City Administrator Agenda Information Memo March 15, 1994, City Council Meeting EAM YANKEE DOODLE RD (LEXINGTON AVE TO TH 1491 A. Project 638, Yankee Doodle Road (Lexington Ave. to TH 140 - Upgrade)—In accordance with the City's and County's 5 -Year CIP, the City Council authorized the preparation of a detailed feasibility report, enclosed on pages (p3 through gq , to discuss the urban upgrade of County Road 28 (Yankee Doodle Road) from `Lexington Avenue through its intersection with TH 149. On February 15, the Council received this feasibility report and scheduled a public hearing to be held on March 15. An informational meeting was held at the Wescott Library on December 16, 1993, to present the proposed improvements to all affected and interested property owners. As a result of that meeting, several concerns were addressed in the feasibility report and preliminary design concepts. Several follow-up meetings were held with affected property owners explaining the revisions in response to their request. The detailed information within the feasibility report will be presented by Mark Hanson, the City's consulting engineer. The County Highway Department and City staff will be available to address any concerns that may be raised during this public hearing. All notices have been published in the legal newspaper and sent to all affected property owners of record informing them of this public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve Project 638 (Yankee Doodle Road - Lexington Avenue To TH 149 - Upgrade) and, if approved, authorize the preparation of detailed plans and specifications. city of ¢agan Report for Yankee Doodle Road (C.R. 28) Street and Storm Sewer Reconstruction City Project No. 638 Eagan, Minnesota February 1994 File No. 49528 e Bonsstroo Aosens • Anderlik & Associates EnpinNrs l Architects st. Paul, Minnesota Bonestroo Rosene • viAnderlik & Associates Engineers & Architects February 1, 1994 Oao G. Bonestroo. P.E. Robert W. Roscoe, PE.• Joseph C. Anderlik. P.E. Marvin L. Sorvaa. P.E. Richard E. Turner. P.E. Glenn R. Cools. P.E. Thomas E. Noyes P.E. Robert G. SchunichL P.E. Susan M. Eberkn. C.P.A. `Senior Consultant Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Yankee Doodle Road (C.S.A.H. 28) Reconstruction Project No. 638 - File No. 49528 Dear Mayor and Council: Howard A. Sanford. P.E. Keith A. Gordon. P.E. Robert R. Pfefferle. P.E. Richard W. Foster, P.E. David O. Loskota. PE. Robert C. Russek. AJA. Jerry A. Bourdon. PE. Mark A. Hanson. PE. Michael T. Rautmann. PE. Ted K. Field. P.E. Thomas R. Anderson. AIA Donald C. Burgardt. PE. Thomas E. Angus. PE. Ismael Martini. P.E. Michael P. Rau. P.E. Philip J. Pyne. P.E. Agnes M. Ring. A.IC.P. Thomas W. Peterson. PE. Michael C. Lynch. P.E. James R. Maland, PE. Jerry D. Perasch. P.E. Kenneth P. Anderson. P.E. Mark R. Rolls P.E. Mark A. Seip P.E. Gary W. Morien. P.E. Daniel J Edgerton. P.E. Allan Rick Schmidt PE. Philip J. Caswell. P.E. Mark D. WaWs P.E. Miles B. Jensen. P.E. L. Philp Gravel ill. PE. Karen L. Wierneri. P.E. Gary D. Kris[ofitz. P.E. F. Todd Foster. P.E. Keith R. Tapp. PE. Douglas J. Benoit P.E. Shawn D. Gustafson. P.E Cecilio Olivier. PE. Charles A. Erickson Leo M. Pawelsky Haran M. Olson James F. Engelhardt Transmitted herewith is our report for Yankee Doodle Road (C.S.A.H. 28), between Lexington Avenue and T.H. 149. The proposed improvements, associated utility construction, and cost estimates are discussed and presented in this report. A preliminary assessment roll is also included. This amendment report revises the preliminary assessment roll as presented at the public hearings. We will be pleased to meet with the Council and other interested parties at a mutually convenient tune to discuss this report. Yours very truly, BONESTROO, OSENE, ANDERLIK (al. / ((A:4w Mark A. Hanson MAH:Ik Reviewed by: ept. •`a lic orks Date: i0 Reviewed by: Finance Director Date: & ASSOCIATES, INC. I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. g/144,1 Mark A. Hanson Dat•iary 1. 1994 Reg. No. 14260 2335 West Highway 36 • St. Paul, MN -•'6I2-636-4600 YANKEE DOODLE ROAD (C.SA.H. 28) RECONSTRUCTION EAGAN, MINNESOTA Project No. 638 TABLE OF CONTENTS TRANSMITTAL LETTER 1 SCOPE 3 FEASIBILITY AND RECOMMENDATION 3 DISCUSSION 3 Street 3 Figure No. 1 5 Figure No. 2 6 Figure No. 3 7 Trails 8 Storm Sewer 8 Figure No. 4 10 Figure No. 5 11 Figure No. 6 12 Figure No. 7 13 Sanitary Sewer and Water 14 Figure No. 7 15 Figure No. 8 16 Figure No. 9 17 Cost Estimates 18 Right -of -Way and Easement 19 Area to be Included 19 Assessments 21 Figure No. 10 22 Revenue Sources 23 Project Schedule 24 Appendix A - Preliminary Assessment Roll SCOPE: This project provides for the reconstruction of Yankee Doodle Road (CSAH 28) from Lexington Avenue to approximately 700' east of T.H. 149 (Figure No. 1). The following items will be included in this project a. Regrading, reconstruction, and partial realignment of CSAH 28. b. Construction of bituminous trails along Yankee Doodle Road on both the north and south sides. c. Construction of lateral and trunk storm sewers to convey storm water from the street surface and abutting areas. d. Reconstruction, adjustment, and extension of existing utilities. e. Installation of traffic signals at the T.H. 149 intersection and at the Soo Line Railroad crossing. f. Installation of street lights. The upgrading will provide a safer intersection with T.H. 149 and provide an improved east/west arterial for the City between two major roadways (Lexington Avenue and T.H. 149). FEASIBILITY AND RECOMMENDATION The project is feasible from an engineering standpoint and is in accordance with the Master Utility and Street Plans for the City of Eagan and Dakota County. The project as outlined herein will be administered by Dakota County. The City of Eagan will be required to enter into a cost sharing agreement with Dakota County similar to past improvements. DISCUSSION Street The primary street improvement will be the widening and reconstruction of Yankee Doodle Road within the project limits. Presently, the street 300' east of the Lexington Avenue intersection is a two lane rural road. Yankee Doodle Road from Lexington Avenue to 300' east of Lexington Avenue was upgraded as part of the reconstruction of Lexington Avenue. However, it is proposed to also reconstruct this section of Yankee Doodle Road to relocate the low point of the street further east of the Lexington Avenue intersection. 49528/rpt 3 The specific improvements proposed for Yankee Doodle Road will involve the complete reconstruction including grading and storm sewer. The existing street section will be removed. The new street section will provide for new concrete curb and gutter. The design street width will be 86' which will provide for four driving lanes, shoulder safety lanes and an 18' wide center median. Right and left turn lanes to both north and south will be provided at the intersections with Golfview Drive, Wescott Hills Drive, and Mike Collins Drive. Right and left turn lanes to the south will be provided at Elrene Road and at a point approximately 1400' east of Elrene Road. Right and left turn lanes to the north will also be provided at a point one-half between Wescott Hills Drive and Mike Collins Drive, east of Wescott Trail. Typical sections are shown on Figure No. 2. As part of the reconstruction, traffic signals will be added at the intersection with T.H. 149. This will replace the existing stop signs on Yankee Doodle Road. In addition, crossing signals will be added at the crossing of Yankee Doodle Road with the Soo Line Railroad tracks in conjunction with the signals at T.H. 149. The proposed intersection with T.H. 149 is shown on Figure No. 3. A/CT.IAIL nwr me. t— NIIIIPP '....\ \*+- p, 1-\\........) • , LONE Off RD n C01 \ AAR RD' \C:2—P— \\, 4:4 PROJtCT �f ! YANKEE LOCATION 1! 3s DOODLE ROW 14 }� TD 1 A v�U i± L7J,., •\, 1, 0 1--\". --"1"--',\--,, .....,‘, eA„........ %I 4---,,e, T--,..1 i tren I) I i# 7— �,!-- t. ----i-\\ F r-- �,.•� ,/�� 0,-\._ „...„, \ '\iik fi p % b. ii IN if` Tom" PASCOTT 0 7000 2000 Scale it lett LOCATION PLAN EAGAN, MINNESOTA YANKEE DOODLE ROAD (C.R. 28) CITY PROJECT No. 638 L:\49\49528\49528R05.DWG FEBRUARY 19 FIGURE 1 ■ Bonestroo Rosene Anderlik & Associates W 75' 65' 22' 10' 10' 8' 12' 3' 23' 14' 23' 14' 12' D418 CONC., URB & GUTTER D418 CONC.. CURB & GUTTER 43' 75' 65' NUVY BIT. WALK SOD MEDIAN BIT. WALK STA. 115+00 to 128+00 STA. 130+30 to 165+50 STA. 168+50 to 176+00 STA. 183+50 to 193+80 ROW 2' 75' vor;oble 22' 10' 10' 8' 65' 43' ---- 23' 12' 14' D418 CONC., CURB & GUTTE BIT. WALK 43' 23' ---, 14' D418 CURB 75' 65' ROW 12' CONC., & GUTTER 22' 10' 10' SOD MEDIAN BIT. WALK-� RETAINING WALL STA. 128+50 to 130+20 STA. 165+60 to 167+50 STA. 176+50 to 182+80 ROW be vOr� Mox 2;1 75' 22' 10' 71' 10' 14' D 14 8 CURB 49' 12' 12' CONC., & GUTTER 11'r6' 43' 14' D 14 8 CURB 75' 65' ROW 12' CONS ------ C., & GUTTER 22' 10' 10' BIT. WALK �3" CONC. WALK LEFT AND RIGHT TURN LANES TYPICAL STREET WIDTHS BIT. WALK EAGAN, MINNESOTA YANKEE DOODLE ROAD (C.R. 28) 49528R10.DWG FEBRUARY 1994 COMM. 4952 FIGURE 2 2' vocIorAe 2.A Mo EABonestroo Rosene Anderlik d Associates • r Road 12' - 14' 11' 12' 12' 14' 0 0 L a ce • V INTERSECTION LAYOUT 50' 50' 0 U 4- 0 -i-' (C. R. 28) Ike 14' 12' - 12' t? 11' 14' - 12' EAGAN, MINNESOTA FIGURE 3 YANKEE DOODLE ROAD(C.R. 28) H. 149 CITY PROJECT No. 638 49528R11.DWG FEBRUARY 1991 1 l l C10MM. 49528 8' 0 25 so sees In fest Bonestroo Rosene Anderlik d Associates Trails: Bituminous trails 10' wide are proposed to be constructed along each side of the street improvements maintaining a 10' boulevard between the trail and the back of the curb. These trails will be built in accordance with the City's Master Trail Plan. Storm Sewer. Storm sewer improvements will involve both the use of existing facilities and construction of new laterals and trunk systems. The proposed improvements are shown on Figures No. 4, 5, and 6. At the intersections of Golfview Drive, Wescott Hills Drive, Wescott Trail, and Mike Collins Drive, the existing storm sewer will be modified to match new street widths. New lateral storm sewer with catch basins is proposed for Yankee Doodle Road between Mike Collins Drive and T.H. 149. In October, 1992 a study was prepared to investigate potential flooding at the low point of Yankee Doodle Road. It was stated the existing low point elevation in Yankee Doodle Road is 858.0 and under fully developed land conditions, the estimated water depth based on existing conditions for 5, 25, and 100 -year storm events would be as follows: Storm (yr.) Elevation (ft.) 5 858.1 25 860.1 100 860.8 Estimated Water Depth Low Point 858 0.1 2.1 2.8 As a result, the existing storm sewer system will cause flooding in the low point of Yankee Doodle Road under ultimate land use conditions. The following alternatives were further investigated as part of this project to improve the existing storm sewer system in this area: 1. Raise the low point in Yankee Doodle Road. 2. Construct additional storm sewer from Mike Collins Drive and Yankee Doodle Road through Gopher Eagan Industrial Park 2nd Addition to Pond EP -2 (Fig. 7) 3. Provide additional ponding along the north side of Yankee Doodle Road east of Mike Collins Drive. Preliminary plans from Dakota County indicate that the low point in Yankee Doodle Road will be raised from 858 to 860.0. However, a substantial amount of storm water storage is lost between 858 and 860 due to the filling of Yankee Doodle Road due to it's width (total width including road, trails, and boulevard is 130'). 49528/rpt Therefore, a storm water analysis was done as part of this report to determine the extent of flooding in Yankee Doodle Road for a 100 year event assuming an outlet pipe through Gopher Eagandale and Industrial Park 2nd Addition is constructed as shown on Figure No. 7. Listed below is the results of that analysis based on the design for Yankee Doodle Road proposed by Dakota County. Outlet Pipe Diameter 48" 36" 30" No pipe Elevation (ft) Estimated Water Depth Low Point @ 860 857.9 860.5 861.25 863.1 0 0.5 1.25 3.1 It's felt a minimal amount of flooding in Yankee Doodle Road is acceptable. Therefore it is recommended a 36" outlet pipe be constructed through Gopher Eagan Industrial Park 2nd Addition. The 36" storm sewer pipe will be extended from an existing manhole at Mike Collins Drive to a point east of Lot 24 of Gopher Eagan Industrial Park 2nd Addition. It will be constructed and stubbed immediately north of the new road surface until Gopher Eagan Industrial Park 2nd Addition is developed or an alignment/cost sharing agreement can be reached between the property owners and City. It's not felt, based on the value of the land and the cost to construct the 36" outlet pipe, that providing additional ponding adjacent to the low point in Yankee Doodle Road is cost effective. Therefore, it is recommended an additional storm sewer outlet pipe be constructed for this area to Pond EP -2 as shown on Figure No. 7. 49528/rpt ..• 1 .IVB• r. 110 U9 1 0 { O r,„ 12 i I j -t 3 7 • OAV umbuixai era -.n.sairirgromorrpari 1— O u7 1 0 0 3 1 3 7 3 3 1 Ill t 1 o. cn z 0 J .f N z 0 Dryl l rlva.• r r POND EP -2 WE 829.5 51Rb1 PARK 2ND ADD 0 700 Scale in feet 1400 STORM DRAINAGE SYSTEM 11111M 11=M11 PROPOSED STORM SEWER EXISTING STORM SEWER EAGAN, MINNESOTA YANKEE DOODLE ROAD (C.R. FIGURE 7 PROJECT No. 638 L:\49\49528\49528F02.DWG FEB. 199 M. 49528 11 Bonestroo Rosene • Anderlik d Associates Sanitary Sewer and Water. It is proposed to extend lateral sanitary sewer lines from the existing sanitary sewer to service Parcels 010-02, 012-23, and 012-26 to accommodate future development, as shown on Figure No.'s 7, 8, and 9. This construction will consist of connecting to an existing sanitary manhole and installing sanitary sewer pipe to the right-of- way near the undeveloped parcels to minimize possible future disturbance of newly constructed streets. Also, the existing sanitary sewer lines were televised to review its existing condition to determine if repair is needed. It was discovered that two sewer line repairs are needed. It is proposed that portions of these pipes be excavated and repaired. As part of water main improvements, water main is proposed to be extended to service Parcels 010-53, 383-04, and Outlots F and I of Gopher Eagan Industrial Park 2nd Addition. This work will be done to minimize possible future disturbances of the new street and to accommodate future development of these parcels. It is also proposed that four new gate valves be installed on existing hydrant and water service lines. Water main improvements are also shown on Figures 7, 8, and 9. In addition to installation of new sewer and water mains, existing manhole structures and gate valves will be adjusted to meet new grades and existing hydrants will be relocated as required. 49528/rpt 14 evil 3NIl H31VP f it •AUO sII!H lloosoki - %sof 00 � N O 'c 0. 0 oe O U 10 LJ c g 10 i Zc aw 2 11 El. T I c)1 ao N 3 c4 i Q 0 6 1et0 N Z3o N I C a 6 >4- Y :i jril1 M:Jtvn S 'NYS ,arab �` A ri r A V 1101 110114 M r 6. n SS33 Y a►+ _ A 119'M dIO .01 113 •.J•••••� .• f n 3NI1 ND1.VW gOP ,,m J nvin. 3 3 3 1 11 n 31 MT v 7 Citv ot1 Eagan Cost Estimates: The estimated cost for this project, which includes 10% for contingencies and 35% for indirect costs, is summarized below. Indirect costs include legal, engineering, administration, and construction interest. Easement acquisition costs are being performed by the County are not included since they are unknown at this time. Yankee Doodle Reconstruction $3,902,250 Traffic Signal - Yankee Doodle Road & T.H. 149/Railway 225,000 Bituminous Trail 218,450 Storm Sewer Catch Basins & Leads 185,330 Trunk Storm Sewer Stub - Mike Collins Drive 50,640 All other within Yankee Doodle Road 155,925 Sanitary Sewer & Water Main Adjustments 22,550 Sanitary Sewer & Water Main Repairs 11,600 Sanitary Sewer Services 25,170 Water Main Services 33,700 Street Lights 9.840 $4,840,455.00 4952/1/rpt 9 t 18 Right -of -Way and Easement The project will require additional street right-of-way (ROW). In general, the existing ROW is 100' wide and the new ROW will be acquired to a width of 150'. In addition, temporary construction easements, permanent drainage and utility easements, and City street ROW will be acquired for the various facets of the project. The easement acquisition/negotiation process will be administered by Dakota County. At the time of this report, all the specific easement requirements for each parcel have not been determined by Dakota County. Area to be Included Listed below are the parcels proposed to be assessed which also abut the project: * S1/2 Section 11 Parcel 010-51 Parcel 010-52 Parcel 010-53 Eagan Industrial Park Parcel 383-04 Lot 24 Block 2 Eagan Industrial Park 5 Lot 1 Block 1 Gopher Eagan Industrial Park No. 2 Outlot I * S'/s Section 12 Gopher Eagan Industrial Park No. 2 Outlot H Outlot G Outlot F Lot 1 Block 2 Gopher Eagan Industrial Park No. 2 Lot 2 Block 1 Lot 3 Block 1 49528/rpt 19 * JM Section 13 Gopher Eagan Industrial Park No. 1 Lot 16 Block 1 Lot 15 Block 1 Lot 14 Block 1 Parcel 012-26 West Pub. 4th Outlot D Outlot C * N1/2 Section .14 Parcel 013-01 Parcel 010-25 Wescott Square Lot 1, Block 1 Outlot G Wescott Hills 4th Lot 1 Block 1 Lot 2 Block 1 Lot 3 Block 1 Lot 4 Block 1 Lot 5 Block 1 Lot 6 Block 1 Lot 7 Block 1 Lot 8 Block 1 Lot 1 Block 2 Lot 2 Block 2 Parcel 010-02 Parcel 010-25 Tomark 1st Addition Lot 1 Block 1 Lot 1 Block 2 Stuarts 2nd Addition Lot 1 Block 1 Assessments Assessments are proposed to be levied against the benefitted properties in accordance with assessment policies established in the City of Eagan. A preliminary assessment roll is included in Appendix A located at the back of this report. Assessments are separated into streets and sanitary sewer/water service. Street improvements are proposed to be assessed against benefitting properties. The commercial rate of $113.00 per assessable front foot and the multi -unit rate of $84.25 per assessable front foot was used to determine assessments for the properties on Yankee Doodle Road in accordance with the 1994 Fee Schedule for the City of Eagan. The affected properties with their front footage is shown on Figure No. 11. Based on a previous agreement with the developer of Tomark 1st Addition, it is also proposed to assess that property for trail construction at $12.60 l"'r assessable front foot. Sanitary sewer and water main extensions to serve future subdivisions or development will be assessed to the abutting property they serve. Sanitary sewer and water service proposed herein may be modified based on further discussions with property owners. In the event additional services are requested, they will be constructed and assessed in accordance with this report. The property owner will have the option, at the time of the assessment bearing, to pay the assessment in full following the assessment hearing or include the assessment as part of their property tax statement. If the assessment is included on the property tax statement, the assessment will be spread over a 15 year period and at an interest rate determined by the bond sale financing this improvement. 495211/rpt CO 0 0 Cg 0 a" 0 nud sII!H lloos9M Je 0 h ^ GA!J J Ma!AI JoO • U I anUQA1' U0}6U!xa1 d O v 0 v c N O a c 0 U h 0 0 •0 0 0 ti Y, n • O 6 U in pooa aua.l3 o U 3NI1 Ha1VIN Revenue Sources: As previously indicated, the City of Eagan and Dakota County will enter into a cost sharing agreement for this project. A summary of City/County cost allocations is presented in the following tables: City of Eagan Dakota County Mn/DOT (Percentage) (Percentage) (Percentage) Yankee Doodle Road 45 55 Traffic Signal - Yankee Doodle/T.H. 149 Railway 25 25 50 (2) Bituminous Trails Yankee Doodle, North side ' 100 0 Yankee Doodle, South side 100 0 Storm Sewer: Catch basins & leads 45 55 Trunk storm sewer stub - Mike Collins Drive 100 0 All other w/in Yankee Doodle Road 100 0 (1) Sanitary Sewer & Water Main Adjust. 45 55 Sanitary Sewer & Water Main Repairs 100 0 Sanitary Sewer Services 100 0 Right-of-way 45 55 Street Lights 100 0 City of Dakota Mn/DOT Total Eagan Co. Yankee Doodle Road $1,756,013 $2,146,237 $3,902,250 Traffic Signal - Yankee Doodle/T.H. 149/Railway 56,250 56,250 $112,500(2) 225,000 Bituminous Trails Yankee Doodle, North side 109,225 0 109,225 Yankee Doodle, South side 109,225 0 109,225 Storm Sewer: Catch basins & leads 83,399 101,931 185,330 Trunk Storm sewer stub - Mike Collins Drive 50,640 0 50,640 All other w/in Yankee Doodle Road 152,515 3,4100) 155,925 Sanitary Sewer & Water Main Adjust. 10,148 12,402 22,550 Sanitary Sewer & Water Repairs 11,600 0 11,600 Sanitary Sewer Services 25,170 0 25,170 Water Main Services 33,700 0 33,700 Right-of-way 261,000 319,000 580,000 Street Lights 9.840 0 9.840 $2,658,885 $2,639,230 $5,410,615 (') Dakota County participation = $6,000 per centerline mile of storm sewer. m State participation not finalized at the time of this report. 49528/rpt Va? 23 Revenues from the proposed street and utility service assessments are listed below: Yankee Doodle Road $1,426,874 Water Services 33,700 Sanitary Sewer Services 14.630 $1,475,204 Based on these assessments, a of $1,183,681 ($2,658,885 - $1,475,204) will be required from the major street and trail dedication fund to cover the remaining City of Eagan share for this project. Project Schedule Present Feasibility Report February 15, 1994 Public Hearing March 15, 1994 Approve Plans and Specifications June, 1994 Open Bids/Award Contract July, 1994 Complete Construction Summer/Fall, 1994 Assessment Hearing Spring, 1995 First Payment due with real estate taxes May, 1996 4952E/rpt fl24 Appendix A Preliminary Assessment Roll Yankee Doodle Road (CSAH 28) Reconstruction Project No. 638 - File 49528 49528.appLa 48 Street Assessments Parcel Assessable Footage Rate per FF Yankee Doodle Road Water Services Sanitary Services Total Assessment •S 1/2 Section 11 Parcel 010.51 770 $113.00 $87,010.00 $8,710.00 $95,720.00 Parcel 010-52 200 113.00 22,600.00 22,600.00 Parcel 010-53 1320 113.00 149,160.00 4,355.00 153,515.00 Eagan Industrial Park No. 4 Parcel 383-04 626 113.00 70,738.00 4,355.00 75,093.00 Lot 24 Block 2 (2) 225 113.00 25,425.00 25,425.00 Eagan Ind. Park No. 5 Lot 1 Block 1 996 113.00 112,548.00 112,548.00 Gopher Eagan Ind. Pk. No. 2 Outlot I 661 113.00 74,693.00 7,570.00 82,263.00 'S 1/2 Section 12 Gopher Eagan Ind. Pk. No. 2 Outlot II 535 113.00 60,455.00 60,455.00 Outlot G 823 113.00 92,999.00 92,999.00 1 Outlot F 266 113.00 30,058.00 8,710.00 38,768.00 Lot 1 Block 2 800 113.00 90,400.00 90,400.00 Lot 2 Block 1 (2) 276 113.00 31,188.00 31,188.00 Lot 3 Block 1 336 113.00 37,968.00 37,968.00 •N 1/2 Section 13 Gopher Eagan Ind. Pk. No. 1 Lot 14 Block 1 217 113.00 24,521.00 24,521.00 Lot 15 Block 1 200 113.00 22,600.00 22,600.00 49528.appLa 48 Appendix A Preliminary Assessment Roll Yankee Doodle Road (CSAH 28) Reconstruction Project No. 638 - File 49528 (1) Water Service Assessment divided equally between Parcels 010-53 and 383-04. (2) Includes 75' corner lot credit. (3) Includes $12.60/front foot for trail construction. (4) Includes 512.60/front foot trail assessment only. Street Assessments Parcel Assessable Footage Rate per FF Yankee Doodle Road Water Services Sanitary Services Total Assessment Lot 16 Block 1 270 113.00 30,510.00 30,510.00 Parcel 012.26 1070 113.00 120,910.00 14,630.00 135,540.00 West Publishing 4th 113.00 Oudot D 400 113.00 45,200.00 45,200.00 Oudot C (2) 900 113.00 101,700.00 101,700.00 •N 1/2 Section 14 Parcel 010-02 (2) 137 113.00 15,481.00 15,481.00 Parcel 010.25 (2) 1217 84.25 102,532.25 102,532.25 Tomark 1st Addn. Lot 1 Block 1 -72 units (2) 280 (3) 96.85 27,118.00 27,118.00 Lot 1 Block 2 - 72 units (2) 380 (3) 96.85 36,803.00 36,803.00 Stuarts 2nd Addn. Lot 1 Block 1 110 (3) 96.85 10,653.50 10,653.50 Lot 1 Block 1 286 (4) 12.60 3,603.60 3,603.60 TOTAL 1,426,87435 33,700.00 14,630.00 1,475,20435 (1) Water Service Assessment divided equally between Parcels 010-53 and 383-04. (2) Includes 75' corner lot credit. (3) Includes $12.60/front foot for trail construction. (4) Includes 512.60/front foot trail assessment only. Agenda Information Memo March 15, 1994, City Council Meeting CEDARVALE DRIVE (RAHN RD TO SHOPPING CTR) - RECONSTRUCTION B. Project 667, Cedarvale Drive (Rahn Road To Shopping Center - Reconstruction) --In response to a petition submitted by affected property owners, the City Council authorized the preparation of a feasibility report to reconstruct the deteriorated section of Cedarvale Drive from Rahn Road to the Cedarvale Shopping Center. This report was presented to the City Council on February 15 with a public hearing being scheduled for March 15. On March 8, an informational neighborhood meeting Is, held with and interested property owners at City Hall. Enclosed on pages ( through a is a summary of the comments and concerns raised at that meeting. Enclosed on pages through (pis a copy of the feasibility report for the Council's reference duan the public haring presentation which will be provided by Mr. Len Newquist of the City's consulting firm SEH, Inc. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project 667 (Cedarvale Drive - Reconstruction) and, if approved, authorize the preparation of detailed plans and specifications. 976 MEMO city of eagan TO: FILE FROM: MIKE FOERTSCH, ASSISTANT CITY ENGINEER DATE: MARCH 11, 1994 SUBJECT: CITY PROJECT #667, CEDARVALE DRIVE STREET IMPROVEMENTS At 7:00 p.m. on Tuesday, March 8, 1994, the Public Works Department hosted an open house informational meeting for all properties adjacent to Cedarvale Drive located in the Cedarvale Shopping Center area. Of the 10 notices that were sent to the property owners, 4 property owners and 1 representative from the Chamber of Commerce documented their attendance at the meeting. The attached site plan shows those properties who were represented. After a brief welcome and introductory comments by Mike Foertsch, Len Newquist, of Short, Elliott, Hendrickson, Inc., the City's consulting engineer on the project, explained the details of the proposed improvements along with cost estimates and a proposed preliminary assessment cost allocation. At the conclusion of approximately a 10-15 minute presentation by Len Newquist, the following issues, questions, and concerns were shared: • The first concern identified was the extent of the proposed improvements. The property owners questioned the merits of a total reconstruction of the roadway with the addition of concrete curb and gutter along its entire length and the costs reflected to accomplish that end. Staff explained the method of reconstruction being proposed is consistent with the City's reconstruction policy for existing streets. The addition of the concrete curb along the edge of the roadway is to contain traffic and drainage within the roadway thus protecting the edge of the bituminous mat and the possibility of contamination of the subgrade of the roadbed. • The property owners questioned why not only an overlay to repair the surface vs. the reconstruction as proposed. Staff explained the overlay would not correct the lack of a necessary profile grade to allow drainage longitudinally along the roadway section. At this point, the existing roadway has areas of flat grade where drainage does not occur thus accelerating the deterioration of the existing surface. 3. • The property owners stated they were discussing with contractors the overlay and rehabilitation of the existing parking Tots. Could the restoration of Cedarvale Drive be incorporated into their parking lot restoration and thus paid for by the adjacent property owners? First of all, any work within public right-of-way requires a work within the right-of-way permit by the City. At this point, staff is unaware of any other situation within the City where the adjacent properties have taken it upon themselves to repair the existing public street. Again, an overlay would temporarily fix the existing surface condition of the roadway, but would not address the lack of adequate drainage. • Could the City help participate in picking up a portion of the costs for the roadway reconstruction similar to the Cedar Grove reconstruction areas? Staff responded by saying the current Special Assessment Policy for commercial/industrial property is such that an upgrade to current City standards (I.e., the installation of concrete curb and gutter) along with the patch and repair with overlay, and remove and reconstruct with overlay are borne 100% by the adjacent property owners. Any participation by the City would be a variance from the current City policy. • The property owners questioned if the Cedarvale Drive public right-of-way could be vacated and Cedarvale Drive be treated similar to any other internal driveway in a shopping center district. In the past, City staff had researched the possibility of the vacation of Cedarvale Drive street right-of-way but drew the conclusion that probably It was impractical because the vacation of the public right-of-way would create landlocked, legally platted parcels of property. Due to the complexities involved with easement requirements associated with providing public street access to all the parcels which are currently served by Cedarvale Drive, the issue was not pursued any further. Also, the question of reversionary rights of the existing public right-of- way were questioned simply because it was not clear as to how the right-of-way of Cedarvale Drive was initially established. • Property owners questioned the proposed assessment allocation. Staff explained that the total cost of the Cedarvale Drive improvements were divided amongst three basic property groups; one property being the northerly adjacent bank property, the second property being the westerly and southwesterly adjacent mall property, and the third allocation being made to the southerly adjacent properties. Currently within the southerly adjacent properties, there are 6 existing buildings. Staff proposed to allocate 1/3 of the total cost of Cedarvale Drive reconstruction to those 6 existing buildings on an equal basis. Discussion at the informational meeting revealed that two of the buildings are in fact condominium units and have separate tax I.D. parcel numbers. The property owners in attendance requested that the 1/3 cost being assessed to the 6 buildings be divided by 8 instead of 6 and each of the 8 parcels within the southerly adjacent property be allocated the cost of the assessment on an equal basis. 2 • The property owners questioned if the cost allocation to the 6 buildings (8 individual properties) be allocated on the basis similar to the existing agreement within that area. Since the 6 buildings share a common parking lot and common areas, they were wondering if the assessment allocation could be divided on a similar basis to what their maintenance responsibilities are for their common areas. Staff responded in saying that the assessment to those parcels can be spread on a basis similar to their previous agreements if the property owners all agree to do it that way. The, eeting adjourned at approximately 8:15 p.m. 1 ►:.� stant i • . inee MPF/jj Attachment: Attendants 3 3 NAME 1. l? kr54i¢ f/11'1 2. R« 01140 NEIGHBORHOOD MEETING CDEDARVALE DIRVE PROJECT 667 TUESDAY, MARCH 8,1994 ADDRESS 3 fio CJ vidz.17 1,0 0/4/ 3.6'T? 4. / k Pet — ot,,,--'Z rt "oro oh- s. G�...� Ylfr 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 3 0) ►O GEoArt ✓&E Dl �/�E ,E. 75.4 Ga.rw i Na 1/ l�' -39rZ- 1 1 �1 G W S Q ccQU UU Z_Z_� ¢EU icg I— t CO CO O • LLES Q om¶ vo II w 0 EDARVALE DRIVE EAGAN, MINNESOTA TYPICAL SECTION PROJ. NO. 667 FILE NO. A-EAGAN 9406.00 FIGURE NO. 2 Preliminary Assessment Roll Project No. 667 Cedarvale Drive Reconstruction Property I. D. No. Amount 10-01900-051-06 $18,760 10-01900-101-06 18,760 10-01900-071-06 6,254 10-01900-072-06 10-01900-073-06 10-01900-074-06 10-16850-031-01 3,127 10-16850-122-01. 3,127 10-16850-123-01 3,126 10-16850-081-01 3,126 Total Amount $56,280 Cedarvale Drive Reconstruction / \ A-EAGAN9406.00 City of Eagan, Minnesota Page 1 RAHN ROAD VALLEY GUTTER EXISTING SWALE DRIVE DRIVE 1 1 22' DRIVE MIND 411100 CONCRETE WALK PERMANENT EASEMENTS CEDARVALE PARKING LOT DRIVE_ CEDARVALE OFFICE PARK LEGEND �- DRAINAGE DIRECTION PROJ. NO. 667 1 CEDARVALE DRIVE EAGAN, MINNESOTA PROPOSED IMPROVEMENTS FILE NO. A-EAGAN 9406.00 FIGURE NO. 3 Reconstruction of Cedarvale Drive city of aagan City Project No. 667 SEH No. A-EAGAN9406.00 February 1, 1994 Reconstruction of Cedarvale Drive for the City of Eagan Eagan Minnesota City Project No. 667 SEH No. A-EAGAN9406.00 February 1, 1994 I hereby certify that this report was prepared by me or under my direct supervision, and that I am a duly Registered Engineer under the laws of the State of te: Febr144i1LRe)h1g# 994 g. No. 9402 Reviewed b Public Works Department ate Reviewed by: Short Elliott Hendrickson Inc. 3535 Vadnais Center Drive St. Paul, Minnesota 55110 (612) 490-2000 Finance Department 700 Date February 1, 1994 3535 VADNAIS CENTER DRIVE. 200 SEH CENTER, Si PAUL. MN 55110 612 490-2000 800 325-2055 ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPORTATION Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55121 RE: Eagan, Minnesota Cedarvale Drive Reconstruction City Project No. 667 SEH No. A-EAGAN9406.00 Atte Thomas Colbert, Director of Public Works Attached is our report for the reconstruction of Cedarvale Drive from Rahn Road southwesterly approximately 380 feet. This report discusses existing conditions, proposed improvements, estimated costs and proposed assessments. We will be pleased to meet with you at your convenience to discuss this report. Since Leonard C. Newq t, nn Attachment SHORT ELLIOTT HENDRICKSON INC. MINNEAPOLIS. MN ST. CLOUD. MN CHIPPEWA FALLS, WI MADISON. WI Table of Contents Certification Page Letter of Transmittal Table of Contents Page Scope 1 Feasibility and Recommendations 2 Project Discussion 2 Existing Conditions 2 Proposed Improvements 3 Easements 4 Permits 4 Cost Estimates 4 Assessments 4 Revenue Source 5 Project Schedule 5 List of Appendices Appendix A Preliminary Cost Estimates Appendix B Preliminary Assessment Roll Appendix C Figure 1- Location Map Figure 2 - Typical Section Figure 3 - Proposed Improvements Figure 4 - Assessed Properties, Cedarvale Office Park Cedarvale Drive Reconstruction A-EAGAN9406.00 City of Eagan, Minnesota Page i 1 o -D-- February 1, 1994 Reconstruction of Cedarvale Drive Eagan, Minnesota Scope Cedarvale Drive is located in the Northeast Quarter, Section 19, Township 27, Range 23 and extends from Rahn Road southwesterly 380 feet where it terminates in the northerly parking lot of Cedarvale Shopping Center. The location of this project is shown on Figure No. 1 The City of Eagan received four petitions for this work. All petitions requested the following: 1. Street improvements to Cedarvale Drive from Rahn Road to the southwest. 2. Estimated costs of: a. Adding curbs along the Cedarvale Professional Building side of Cedarvale Drive and parking lots. b. Resurfacing the parking lots at Cedarvale Professional Buildings at the same time that Cedarvale Drive is resurfaced. This report covers the improvements to Cedarvale Drive and includes estimated costs and assessment to benefitted properties. Estimated costs to improvements on private property are not included in this report. Cedarvale Drive Reconstruction A-EAGAN9406.00 City of Eagan, Minnesota Page 1 /03 Cedarvale Drive serves properties on both the southerly and northerly sides of the street as well as the Cedarvale Shopping Center. This public roadway is one of the entrances to the Cedarvale Shopping Center. Feasibility and Recommendations The project is feasible from an engineering standpoint. We recommend that if this project proceeds to the construction phase, that it be combined with the Cedarvale Access Improvement, City Project No. 656, scheduled for construction in 1995. Project Discussion As stated previously, this report proposes the reconstruction of Cedarvale Drive from Rahn Road southwesterly approximately 380 feet. Existing Conditions Cedarvale Drive is a bituminous surfaced roadway ranging in width from 18 feet to 24 feet. Randomly placed timber curbing exists on the southerly side of the roadway and is located adjacent to approximately 2 feet away from the edge of the bituminous surface. Concrete curb exists on the northerly side of the roadway for approximately 30 feet between a parking lot driveway entrance and the exit drive from the abandoned driveup banking teller facility. The bituminous surface is in fair to poor condition. The bituminous mat has transverse and longitudinal cracks. The rounded corners at the mat surface indicate that the cracks have been in existence for a long time. Secondary cracking adjacent to the wider cracks indicate surface water infiltration that has weakened the subbase causing further roadway deterioration. Extensive roadway failure has taken place at the entrance to the parking lot that is located on the southerly side of Cedarvale Drive and adjacent to Rahn Road. Storm water ponding is the cause of this roadway failure. There are no storm sewer facilities located within or near the Cedarvale Drive right-of-way. The roadway surface slopes downward in a southwesterly direction and the adjacent ground surface slopes downward in a northwesterly direction transporting the storm water across private property toward the drainage ditch adjacent to Cedarvale Boulevard. Field surveys show that Cedarvale Drive has a flat grade from Rahn Road to a point Cedarvale Drive Reconstruction A-EAGAN9406.00 City of Eagan, Minnesota Page 2 0 approximately 180 feet southwesterly of Rahn Road and a 0.50% grade down to the Cedarvale Shopping Center parking lot. The condition of Cedarvale Drive near Rahn Road reflects the poor drainage condition that causes storm water ponding. The existing right-of-way of Cedarvale Drive is 24 feet wide for its entire length. There are no public utilities located within the Cedarvale Drive right-of-way. Pine trees line the roadway giving the roadway a pleasing aesthetic quality. Proposed Improvements The proposal is to reconstruct Cedarvale Drive for its entire 380 foot length. The reconstruction provides the opportunity to set roadway grades to improve surface storm water drainage. Concrete curb and gutter (B-618) is proposed to be installed on both sides of the roadway. There are no public utilities, sanitary sewer or water main proposed to be installed within the road right-of-way as all adjacent properties are presently served by these facilities. The roadway width proposed is 22 feet which gives a 1 -foot boulevard between the face of curb and property line. The roadway section proposed is 3 inches of bituminous and 6.5 inches of Class 5 aggregate base. The roadway section is a 20-year,10-ton design based on an estimated present ADT of 600 and an estimated R -value of 20 for the underlying soil. The roadway section is shown on Figure No. 2. The roadway centerline grade is proposed to be constructed with a high point located approximately 180 feet southwesterly of Rahn Road. The roadway at its westerly end will match the elevations of the Cedarvale Shopping Center parking lot. A swale is proposed to cross the roadway approximately 30 feet westerly of Rahn Road that will discharge storm water into an existing drainage swale adjacent to Rahn Road. A 3 -foot wide concrete valley gutter is proposed to be constructed at the westerly gutter of Rahn Road to convey storm water across the Cedarvale Drive intersection. The roadway grades as proposed will reduce the amount of storm water discharged into the Cedarvale Shopping Center parking lot and improve drainage on that portion of Cedarvale Drive adjacent to Rahn Road where ponding now takes place. Restoration proposed adjacent to Cedarvale Drive is topsoil and sod on the northerly side of the road and placement of river rock similar to the rock that exists on the southerly side. The proposed improvements are shown on Figure No. 3. The driveways shown on Figure No. 3 are Cedarvale Drive Reconstruction A-EAGAN9406.00 City of Eagan, Minnesota Page 3 (off proposed to remain unless the property owners decide to relocate or dose their access points. Easements Two triangular-shaped permanent easements (12 feet by 5 feet) will be required; one on the northerly side and one on the southerly side of Cedarvale Drive at the intersection of Rahn Road. Also, a permanent easement is needed approximately 5 feet by 100 feet for drainage near Rahn Road. In addition, 10 -foot wide temporary easements for grading purposes are needed adjacent to the road right-of-way over the properties both to the north and south of the roadway. The easement areas are estimated to be 560 square feet of permanent and 7,400 square feet of temporary. The cost for both permanent and temporary easements is estimated to be $12,780. Permits There are no known permits needed for this project. Cost Estimates A detailed cost estimate is located in Appendix A of this report. The cost for reconstruction of Cedarvale Drive as detailed previously in this report is estimated to be $43,500.00. The estimated project cost includes contingencies and indirect costs. Indirect costs are estimated at 45% and include legal, engineering and administrative costs. Easement costs are estimated to be $12,780. The total project cost is estimated to be $56,280. Assessments Assessments will be based on final construction costs plus related indirect expenses, estimated to be 45% of the construction cost and all costs associated with easement and right-of-way acquisition in accordance with the cities special assessment policy. The assessments will be spread over a fifteen (15) year period with the interest rate determined by the results of the bond sale. Cedarvale Drive Reconstruction A-EAGAN9406.00 City of Eagan. Minnesota Page 4 There are three property areas that benefit from this improvement: the Cedarvale Shopping Center, and both property groups located on the northerly and southerly sides of Cedarvale Drive. This report recommends that each of the property groups participate equally in the cost of this project. The assessment being one-third of the total project cost for each area. The Cedarvale Office Park located southerly of Cedarvale Drive is made up of parcels that have buildings or parking lots or are undeveloped. This report recommends that the Cedarvale Office Park parcels with buildings be the only parcels in the Park to be assessed. There are six buildings in the Cedarvale Office Park. Two of the buildings are double units with each unit having separate property identification numbers marking a total of eight building units. The assessment to the parcels in the Office Park is based on the number of buildings on the parcel and one-eighth of the Cedarvale Office Park assessment. The assessed parcels in the Cedarvale Office Park are shown on Figure No. 4. Revenue Source All of the costs for roadway construction including easement costs are proposed to be 100% assessed in accordance with current City policy. Project Schedule Present Report to Council February 15, 1994 Public Information Meeting March 8,1994 Hearing March 15, 1994 Approve Plans and Specifications 1995 Award Construction Contract 1995 Begin Construction 1995 Complete Construction 1995 Assessment Hearing 1996 Cedarvale Drive Reconstruction A-EAGAN9406.00 City of Eagan, Minnesota Page 5 (o\ Appendix A Preliminary Cost Estimates Cedarvale Drive City Project 667 �o� Preliminary Cost Estimates Project No. 667 Cedarvale Drive Reconstruction Description Unit Est. Oty. Unit price Amount _ Mobilization L.S. 1 $1,200.00 $ 1,300.00 Remove Concrete Curb L.F. 130 4.00 520.00 Clear and Grub Trees Each 1 300.00 300.00 Common Excavation C.Y. 860 7.00 6,020.00 Aggregate Base, Class 5 Ton 390 8.00 3,120.00 Type 41 Wearing Course Ton 170 30.00 5,100.00 Tack Coat Gal. 30 2.50 75.00 Concrete Curb & Gutter (Design B-618) L.F. 800 7.50 6,000.00 Concrete Curb & Gutter (Design B-6) L.F. 50 8.00 400.00 3' Concrete Valley Gutter L.F. 60 15.00 900.00 4" Concrete Sidewalk S.F. 40 3.00 120.00 River Rock Ton 120 10.00 1,200.00 Topsoil C.Y. 70 11.00 770.00 Sod S.Y. 375 4.00 1,500.00 Subtotal $27,325.00 10% Contingencies 2,733.00 Estimated Construction Cost $30,058.00 45% Legal, Administrative, Engineering and Bond Interest 13,442.00 TOTAL ESTIMATED COST $43,500.00 Cedarvale Drive Reconstruction City of Eagan, Minnesota I eC\ A-EAGAN9406.00 Page 1 Appendix B Preliminary Assessment Roll Cedarvale Drive City Project 667 Preliminary Assessment Roll Project No. 667 Cedarvale Drive Reconstruction Property 1. D. No. Amount Cedarvale Shopping Center 10-01900-051-06 $18,760 Bank Property 10-01900-101-06 18,760 Cedarvale Office Park 10-01900-071-06 2,345 10-01900-072-06 2,345 10-01900-073-06 2,345 10-01900-074-06 2,345 10-16850-031-01 2,345 10-16850-122-01 2,345 10-16850-123-01 2,345 10-16850-081-01 2,345 Total Amount $56,280 Cedarvale Drive Reconstruction A-EAGAN9406.00 City of Eagan, Minnesota Page 1 l �\ Appendix C Figures Cedarvale Drive City Project 667 V ), DARVALE DRIVE AGAN, MINNESOTA LOCATION MAP C W cc 00\ ZZif Tr j� W W U 33(/) cD N W G PROJ. NO. 667 EDARVALE DRIVE EAGAN, MINNESOTA TYPICAL SECTION FILE NO. A-EAGAN 9406.00 FIGURE NO. 2 RAHN ROAD VALLEY GUTTER - CONCRETE WALK *+ EXISTING SWALE DRIVE DRIVE I DRIVE 1 1 22' .141.4410. PERMANENT EASEMENTS WIN 4111MMIN. MEM J % 0 § CEDARVALE PARKING LOT DRIVE_ LEGEND �-- DRAINAGE DIRECTION DARVALE DRIVE AGAN, MINNESOTA OPOSED IMPROVEMENTS CEDARVALE OFFICE PARK PROJ. NO. 667 FILE NO. A-EAGAN 9406.00 FIGURE NO. 3 N 5EH LEGEND EXISTING BUILDINGS ON CEDARVALE OFFICE PARK. 000 PARCELS PROPOSED TO BE ASSESSED. DARVALE DRIVE AGAN, MINNESOTA ABLE PROPERTIES CEDARVALE OFFICE PARK PROJ. NO. 667 FILE NO. A-EAGAN 9406.00 FIGURE NO. 4 SUBJECT: APPLICANT: LOCATION: EXISTING ZONING: DATE OF PUBLIC HEARING: SPECIAL USE PERMIT CUB FOODS LOT 1, BLOCK 1, CLIFF LAKE CENTRE SW 1/4 OF SECTION 29 PLANNED DEVELOPMENT/COMMUNITY SHOPPING CENTER (PD/CSC) MARCH 15, 1994 DATE OF REPORT: MARCH 8, 1994 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Special Use Permit to allow temporary outdoor nursery sales at the above-mentioned location. BACKGROUND: Cub Foods has applied for similar Special Use Permits several times prior to this application. Four permits were approved at the City Council meetings in 1989, 1991, 1992 and 1993; however at the February 20, 1990 meeting, their application was denied. PROPOSAL: Bailey Nurseries, Inc. will be constructing a hoof -framed 21' x 120' greenhouse which is secured to the ground with stakes from within rounded steel pipes that comprise the inner structure. The stakes are not visible and the greenhouse is securely anchored to the ground. The material being used is flame retardant unsupported poly. The proposed site is along the north side of the building where the employee parking is located. Cub Foods will be relocating employee parking to the west and northwest portion of their present parking lot. The greenhouse will comprise approximately 13 parking spaces for a period of eight weeks. Cub would like to commence the week of April 16, 1994 and cease eight weeks later (week of June 6, 1994). Cub Foods holds a current permit from the Department of Agriculture for a nursery license. If approved, this Special Use Permit shall be subject to the following conditions: 1. The permit is temporary and shall expire after June 12, 1994. 2. A building permit shall be obtained through the City of Eagan protective inspections division. 3. The building shall be open ended to allow exiting at both ends of the greenhouse with all product being enclosed in the building. 4. The permit shall be subject to all applicable Code requirements. ug Agenda Information Memo March 15, 1994 City Council Meeting SPECIAL PERMIT/CUB FOODS A. Special Permit, Cub Foods, to allow a temporary greenhouse on Lot 1, Block 1, Cliff Lake Center, in the southwest quarter of Section 29 --Cub Foods is requesting a special use permit to allow temporary outdoor nursery sal2s at its Cliff Lake Center store. The staff report on this request is attached on pages t % through ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special use permit for Cub Foods to allow a temporary greenhouse on Lot 1, Block 1, Cliff Lake Center in the southwest quarter of Section 29 subject to the recommended staff conditions. Il? ti • I RETAIL BUILDING • • • 7HE GREEN//otA$E k,:// TA/cE PAR kiN G•. THERE £ill// Nol 13E /9A F PRoay z"'cE,� 'Wi/1BE1.oeAyzj) s,d zti , rhtE EW 4s� E /19 • .• •_. t 32 -f i E 1 tl r Agenda Information Memo March 15, 1994 City Council Meeting REZONING/WENDELL CARLSON B. Rezoning, Wendell Carlson, of approximately 1.4 acres from R-3 (Townhouse) to R-1 (Single -Family) located along the east side of Galaxie Avenue south of Cliff Road in the northeast quarter of Section 33 --Wendell Carlson requested approval of a rezoning of approximately 1.4 acres from R-3 (Townhouse) to R-1 (Single -Family) located along the east side of Galaxie Avenue south of Cliff Road. The Advisory Planning Commission conducted a public hearing on this matter at its meeting of February 22, 1994. The related preliminary plat was also considered at that time. The staff report on the rezoning along with � Planning Commission minutes regarding this item are attached on pages .�3throu The Planning Commission unanimously recommended approval of this rezoning. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a rezoning for Wendell Carlson of approximately 1.4 acres from R-3 (Townhouse) to R-1 (Single -Family) located along the east side of Galaxie Avenue south of Cliff Road in the northeast quarter of Section 33. �a � SUBJECT: REZONING APPLICANT: WENDELL CARLSON LOCATION: NE 1/4 SECTION 32 EXISTING ZONING: R-3 (TOWNHOUSE) DATE OF PUBLIC HEARING: FEBRUARY 22, 1994 DATE OF REPORT: FEBRUARY 7, 1994 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Rezoning of 1.4 acres from R-3 (Townhouse) to R-1 (Single Family). The property (Lot 17, Block 10, Ridgecliffe 1st Addition) is located east of Galaxie Avenue and south of Cliff Road. APPLICABLE REGULATIONS: Chapter 11, Section 11.40, Subd. 5, Amendments (Including Zoning). RELATED ACTION: The applicant has also submitted an application requesting a Preliminary Plat consisting of four single family lots. BACKGROUND: The Ridgecliffe 1st Addition plat approval occurred in 1980. The associated Rezoning included a mixture of R-1 (Single Family), R-2 (Duplex), and R-3 (Townhouse) zones. The particular lot under consideration was one of three lots zoned R-3 (Townhouse). EXISTING CONDITIONS: The property is surrounded by Agricultural zoned property that is guided D-1 Single Family (0-3 units/acre) on the north and east, Galaxie Avenue and Planned Development Limited Business zoned property to the west, and single family homes to the south. The site is heavily wooded and has grades ranging from mild to severe. CONSISTENCY WITH COMPREHENSIVE LAND USE GUIDE PLAN: The Comprehensive Land Use Guide Plan designates this property to develop as D-1 Single Family Residential. The proposed rezoning to R-1, therefore, is consistent with the City's Land Use Plan. ACTION TO BE CONSIDERED: To approve/deny the Rezoning of Lot 17, Block 10, Ridgecliffe 1st Addition, from R-3 to R-1. LOCATION Z M I I`1 G GUIDE P! AN L. a__ CLIFF ROAD I JCATIJNN1 EAGAN ADVISORY PLANNING COMMISSION MINUTES FEBRUARY 22, 1994 REZONIxa - 1ZuZL . CARLSON Chairman Voracek opened the second public hearing of the evening regarding a rezoning of approximately 1.4 acres from R-3 (Townhome) to R-1 (Single Family) located along the east side of Galaxie Avenue south of Cliff Road in the NE Is of Section 33. City Planner Sturm introduced this item. Sturm stated the Applicant is requesting a rezoning of 1.4 acres from R-3 (Townhome) to R-1 (Single Family) districts. He stated the subject property is located east of Galaxie Avenue and south of Cliff Road. Sturm further stated that the property in currently surrounded by agriculturally zoned property, which is guided D-1 (Single Family) at 0-3 units per acre, to the north and east. Sturm further stated that the property to the west, across Galaxie Avenue, is a Planned Development Limited Business zoned property. Single-family homes are located to the south of the subject property. Sturm stated the proposed rezoning is consistent with the Comprehensive Guide Plan designation of D-1 (Single Family Residential). Sturm finally stated that the applicant is requesting a 35 -foot cul-de-sao radius, 10 feet lees than the required 45 feet. Sturm stated the variance is requested to minimize grading and tree removal on the subject property. A representative of the Applicant was present. The representative stated that the Applicant has used a 35 -foot cul-de-sac in other developments and has had no problems. The Applicant, however, acknowledged that a 35 -foot cul-de-sac radius is not consistent with the City standards. Rim Johnson, resident at 1834 Saris Way, stated the subject property is northwest of his property. He questioned whether the 10 -foot variance in the cul-de-sac was to increase or decrease the size of the cul-de-sac. Chairman Voraoek stated that the 10 -foot variance vas for sass cul-de-sac. Sturm noted that the cul-de-sac is proposed as a private street. Mr. Johnson then inquired as to the square footage of the lot to which City Planner Sturm stated the lots ranged from 13,000 to 17,000 square feet. Sturm then pointed out the location of Johnson's lot in relation to the subject property on the plat map. Johnson then inquired as to the current zoning of the subject property and the anticipated drainage from the property when developed. Sturm stated the property is currently zoned agricultural and referred the drainage question to Assistant City Engineer like Foertsch. Foertsch, referring to the contour maps, advised the Commission that the drainage from the property would bo to the southeast but would have no impact on the properties to the southeast of the subject property. Isberg moved, Miller seconded, a motion for a rezoning of approximately 1.4 acres from R-3 (Townhouse) to R-1 (Single Family) located along the east side of Galaxie Avenue south of cliff Road in the NE% of Section 33. All present voted in favor. Agenda Information Memo March 15, 1994 City Council Meeting PRELIMINARY PLAT/VARIANCE GALAXIE HILL OAKS ADDITION/WENDELL CARLSON C. Preliminary Plat, Galaxie Hill Oaks Addition/Wendell Carlson, consisting of four lots on approximately 1.4 acres and a variance of 10' to the required 45' cul-de-sac radius located along the east side of Galaxie Avenue south of Cliff Road in the northeast quarter of Section 33 --The Advisory Planning Commission considered this preliminary plat at its meeting of February 22. The Pl g Commission minutes and the related staff report are included on pages %through 4 The Planning Commission recommended approval of the preliminary plat consisting of four lots on approximately 1.4 acres and a variance of 10 feet to the required 45 foot cul-de-sac radius located along the east side of Galaxie Avenue south of Cliff Road subject to the nine conditions included in the Planning Commission minutes. The Planning Commission added Conditions 8 and 9 to those conditions originally recommended by staff. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat for Galaxie Hill Oaks Addition/Wendell Carlson, consisting of four lots on approximately 1.4 acres and a variance of 10 feet to the required 45 foot cul-de-sac radius located along the east side of Galaxie Avenue south of Cliff Road in the northeast quarter of Section 33. EAGAN ADVISORY PLANNING COMMISSION MINUTES FEBRUARY 22, 1994 PRELIMINARY PLAT - GAMIB HILL OW ADDITION Chairman Voracek opened the next public hearing regarding a preliminary plat consisting of four lots on approximately 1.4 acres and a variance of ten feet to the required 45 -foot cul-de-sac radius located along the east side of Galaxie Avenue south of Cliff Road in the NES of Section 33. City Planner Sturm introduced this item, noting it is a related preliminary plat for the subject property of the previous agenda item. Assistant City Planner Mike Foertsch advised the Commission that a decrease in the cul-de-sac radius vas not a concern from an engineering standpoint, rather from a public safety standpoint. Foertsch explained that the Engineering staff's concern with respect to smaller cul-de-sacs is a maintenance issue. Foertsch stated that because the proposed cul-de-sac is a private road, not a public road, maintenance is not a issue. Poem -tech stated, however, that a decrease in cul-de-sac size is a public safety concern, focusing on the accessibility by fire and other emergency vehicles and apparatuses. Foertsch advised the Commission that he and the Fire Marshal conducted test drives in the Great Oak Addition which has a 35 -foot cul-de-sac radius. Foertsch stated that the Fire Marshal advised there was no public safety concern with respect to the fire and emergency vehicle accessibility. Sturm advised that the cul-de-sac was plowed of snow. The Applicant's representative noted that no center island is proposed for the development, and in the "test cul-de-sac,M a snow pile was located in the center of the cul-de-sac, but the emergency and fire vehicles' maneuverability was not hindered. The applicant's representative further advised the Commission that the applicant seeks the cul-de-sac variance in order to save approximately six mature oak trees that would have to be destroyed if the standard cul-de-sac size is required. The applicant further advised that a homeowners' association will be established and it will be responsible for the maintenance of the private cul-de-sac. Chairman Voracek noted that the establishment of the homeowners' association shall be a recorded covenant on the land as a condition to the approval of the preliminary plat. Member Isberg inquired to staff as to why 45 -foot cul-de-sac radius was required. Assistant City Engineer Foertsch explained that the 45 -foot standard was established for effective and efficient maintenance and snov removal of the public roadways due to the size of the maintenance equipment and snow removal equipment. Miller moved, Wallace seconded, a motion to approval a preliminary plat consisting of four lots on approximately 1.4 acres and a variance of 10 feet to the required 45 -foot cul-de-sao radius located along the east side of Galaxie Avenue south of Cliff Road in the BHA of Section 33, subject to the following conditions: I. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be compiled with: Al, 81, 82, Cl, C2, D1, El, F1, GI, and H1 2. A cash parks and traiis'dedication. 3. A cash water quality dedication in lieu of on-site ponding. 4. Development consistent with tree preservation plan submitted. S. This developmnent will be responsible for providing an 8" sanitary sewer stub to the north from the private street to allow the future extension of the 8" line without disturbance to the proposed private street. 6. The construction of the private street shall include concrete curb and gutter around the edges and a concrete valley gutter at the connection of Galaxie Avenue. 7. Individual lot driveway access to Galaxie Avenue will not be allowed. 8. Declarations of covenants and easements shall be prepared and submitted to the City Attorney's Office for review, providing for access across and maintenance of the private street; the Declaration shall be recorded with the plat. 9. A hydrant shall be installed on the eastern terminus of the proposed water line and shall provide adequate fire protection to the proposed hone sites. SUBJECT: PRELIMINARY PLAT & VARIANCE (GALAXIE HILL OAKS ADDITION) APPLICANT: WENDELL CARISON LOCATION: NE 1/4 SECTION 32 EXISTING ZONING: R-3 (TOWNHOUSE) DATE OF PUBLIC HEARING: FEBRUARY 22, 1994 DATE OF REPORT: FEBRUARY 7,1994 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Variance of 10' from the required 45' cul-de-sac radius and a Preliminary Plat consisting of four single family lots on 1.4 acres of property currently platted as Lot 17, Block 10, Ridgecliffe 1st Addition. The site is located on the east side of Galaxie Avenue south of Cliff Road. APPLICABLE REGULATIONS: Chapter 11, Section 11.40, Subd. 3, Variances, and Chapter 13, Section 13.10, Applications, Procedures, and Approval Process. BACKGROUND: This 1.4 acre lot was platted in 1980 and intended to develop with townhomes (up toten units). The site is surrounded by Agricultural property to the north and east, single family residential to the south, and Galaxie Avenue to the west. DEVELOPMENT PROPOSAL The applicant is proposing to custom grade the four single family lots. The initial development phase will include utility work, grading of a private drive off Galaxie Avenue, and minor grading of proposed Lot 3 for dirt balancing purposes. PLANNING CONSIDERATIONS: O Access to all lots will be from a single cul-de-sac private street. In an effort to limit grading and preserve trees, the applicant is requesting a Variance to allow a 35' cul- de-sac radius which is not consistent with the City's engineering standard radius of 45'. o No individual lot will take direct access from Galaxie Avenue. ▪ Four single family homes on 1.4 acres results in a density of 2.8 units/acre which is consistent with the density of 0-3 units/acre designated for this area on the City's Comprehensive Land Use Guide Plan. ° The lots vary in size from 13,326 to 17,552 sq. with an average lot size of 15,446 sq. ft. PARKS & RECREATION: At their February 1994 Advisory Parks, Recreation, and Natural Resources Commission meeting, the Commission recommended that this proposal be subject to: 1. Cash parks dedication. 2. Cash trails dedication. 3. A cash water quality dedication in lieu of on-site ponding. 4. Development consistent with tree preservation plan submitted. GRADING/DRAINAGE & EROSION CONTROL: The site contains rolling hills that are heavily wooded. There is a 20 -foot grade differential from the northeast corner of the site to the street connection at Galaxie Avenue. The preliminary grading plan shows a limited amount of grading will be necessary. The developer intends to grade for the private street and this will require cuts of 3-6 feet. The excess dirt from the street grading will be used to add approximately 4 -feet of fill on Lot 3 to prepare that lot for the house construction. The other 3 lots will not require grading to prepare the lots for house construction. The excavation for the basements for the houses on these 4 lots will create an excess amount of material that will need to be hauled away from the site. Drainage from this site will be directed overland to Galaxie Avenue. Galaxie Avenue drains southerly to the existing storm sewer system at Karis Way that drains to Pond AP -14. Pond AP -14 is a pond on the City's Comprehensive Storm Water Management Plan. The development will be responsible for installing and maintaining erosion control methods in accordance with the City's Erosion/Sediment Control Standards. UTILITIES: An existing 8" sanitary sewer in Galaxie Avenue of sufficient depth, size, and capacity is readily available to serve this site. The 8" sanitary sewer has been stubbed to this site at a location approximately 50 -feet south of where the private street will connect to Galaxie Avenue. The preliminary utility plan shows extending the 8" sanitary sewer to the north in the boulevard of Galaxie Avenue to the private street and then to the east in the private street to serve the 4 proposed houses. . An existing 20" water main is available in Galaxie Avenue. The site has an 8" water main stub provided to it from the 20" water main at a location of approximately 50 -feet south of where the private street will connect to Galaxie Avenue. The preliminary utility plan shows extending the water main to the north in the boulevard of Galaxie Avenue to the private street and then to the east in the private street to serve the proposed houses. A hydrant shall be provided on the eastern terminus of the proposed water line. This hydrant will provide adequate fire protection to the proposed houses. l�° In the future, an 8" sanitary sewer extension to the north from the private street to Parcel 010-01 will be necessary. The 8" line will be approximately 11 -feet deep and the 8" line will be constructed in the east boulevard area of Galaxie Avenue. This development will be responsible for providing an 8" sanitary sewer stub to the north from the private street to allow the future extension of the 8" line without disturbance to the proposed private street. STREETS/ACCESS/CIRCULATION: Street access for the proposed development will be provided from Galaxie Avenue which runs along the west property line of the site. The preliminary site plan shows that a private street with 1 access connection to Galaxie Avenue will be provided for the 4 lots. The preliminary site plan shows a private street with 20 -foot width and a 35 -foot radius for the cul-de-sac on the east end. The developer is requesting a Variance to the Code requirement that states that cul-de-sacs for a private street shall have a 90 -foot diameter. The construction of the private street shall include concrete curb and gutter around the edges and a concrete valley gutter at the connection to Galaxie Avenue. EASEMENTS/RIGHT-OF-WAY/PERMITS: This development will be responsible for dedicating drainage and utility easements for the proposed sanitary sewer and water lines that will be constructed in the boulevard of Galaxie Avenue and in the private street area. Driveway access to the proposed lots will not be allowed from Galaxie Avenue. Individual lot driveways are required to be taken from the proposed internal private street only. This development shall be responsible for ensuring that all regulatory agency permits (MPCA, MWCC, MnDept. of Health) are acquired prior to final plat approval. ACTION TO BE CONSIDERED: 1. To approve/deny a Preliminary Plat consisting of four single family lots on 1.4 acres subject to the Conditions of Preliminary Plat Approval. 2. To approve/deny a Variance of 10' to the 45' cul-de-sac radius. X31 FINANCIAL OBLIGATION - Galaxy Hill Oaks Addition There are pay-off balances of special assessments totaling $8,318 on the parcel 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 platting. The estimated financial obligation presented is subject to change based upon 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 connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount None CONDITIONS OF PRELIMINARY PLAT APPROVAL FOR GALAXIE HILL OAKS ADDITION 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be compiled with: Al, B1, B2, Cl, C2, D1, El, Fl, Gl, and H1 2. A cash parks and trails dedication. 3. A cash water quality dedication in lieu of on-site ponding. 4. Development consistent with tree preservation plan submitted. S. This development will be responsible for providing an 8" sanitary sewer stub to the north from the private street to allow the future extension of the 8" line without disturbance to the proposed private street. 6. The construction of the private street shall include concrete curb and gutter around the edges and a concrete valley gutter at the connection to Galaxie Avenue. 7. Individual lot driveway access to Galaxie Avenue will not be allowed. 1 STANDARD CONDITIONS OF PLAT APPROVAL 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 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. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 13L(- 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 Approved: August 25. 1987 LTS#5 STANDARD.CON City Council September 15. 1987 Revised: July 10. 1990 Revised: February 2. 1993 1 J KrION )3c2 PRELIMINARY PLAT: aoa1.: 1 inch • 40 feet PIMA ORIVR 50 GALAX/E H/LL OAKS • Sheet 1.01 3 1994 I 11011•4511°W 130.1* Drainage a Utility fa.....et. [1.1 -�. 1// 1« i s f / i a w f rii 1 ., I,\` 2 e P -I _ k.,.. . IfI tl Driv1nq. 110.00 amrf.e. 11542 — "S _ - § N . .a10614212"2 Utility bs'E _ M "7 rt).; L� I \ s(,,\ IS 4 •.1 1 1 1 cry 3 s I kl1 j 1p 1 1 ,‘... — 4......--- - 1 L— -c- - — *coo — — 1 / 230.32 I Dralaegs 4 Utility I Np'saw I I'n"r't76 0inaer$ U.S. Serie Developer: Usedell Carlson *tone 45 '4 Present Sonia, s ■-3 !reposed Seeing: 11-1. Slagle !Melly Residential 1663 11oCarthy need Uvet 729-6321 1104MOI Sagan, MO 55122 Senn 414-6137 1. Ames is served by city utilities. 2. Assess is is be provided by privets rend Are.. .wens e1. !.Area is seeded. De lot grading be M dons email teens are built. assert let 3. D.•uriptles: lot 17. Bieck 1. Sidgeoliffs !fret Addition Grose Area • 41.773 squame feet • 1.42 acres Lot 1 • 17.652 egssrs'fst Let 2 • 13.347 square feet Let 3 • 13.324 squame feet Let 4 • 17.524 .quare feet t Mees outer 5111 MV: saw,. Mme. M AMI.« . • prepped M ma M wd• My a..s ay.bua aped 01111 a• a 111► 14lIM•ed lap Swayer sift Mn law N M. Oslo M Mawels. n. /f 's R.vi.ed 01 - prepared Sys Delmar S. Schisms Led Surveyors Inc. 14750 South Robert Trail Soeseosat. NO 55066 423-174! • PRELIM!RAIfI• l� W3XIE H/LL—' Q4I�CS pmzummum WIDING 11110 S heet 2 of 3 tia, Coates, Custom Il...tl time .f Dra 1b1. Some Location !b property a S.eeA��. S. lot gall , .atl1- boeae era bol t. P LRZA O 1!1111 •• • 010•01‘ ..N\rse3A ill; IIl1 111`0 1 \ 1 11 • •/41N•467r4M 110.1 i —M.00 - 1 1 1 •••••4406111111 OWED $ -41111114111"" - � - Prepared Sy, 1t\j D elmar O. Schroer Lad Sommer. pe 11730 South Hobert 11.11 1 1 ag Iee.aet, MMS • 423-1753 Se.t..d 01-13-34 t1 l .41 �I J 1 \. IMMO (T: .- PRELIM! AR1' Sheet 3 of 3 PLAN /// . \-`741-.3(-4,s„,\ -`'' ."4' r` ')(- 1 _ \ • �� ) -. `1`-'`s--� -2/4/E H&C" OAKS-. rod �oo�) (, • • • 0100k / / - LL� :30.) Dral..4. 6 11 — S0.00- ity met Stub Sanitary Sere . 1 Past.Curb I.14 1 Prop• osed Sanitary Sewer Proposed Dain: Lint 1 1 Street Driving Sema.. r !misting E' PVC Sanitary Ssuer Stab% Existing 6' DIP Dater Linn i Onto valve (See Record Plan for Salamis Assns. s. Sheet 12/23. Project 310) Prepared Sy. Delmar S. Schuman MEd _ 'ItSara.yors Iae. r 14750 South Robert trail 1 M.it� MI * Rosemount. 5060 �J 41,1,91i,& vertiffn,—.74 e ii11 "LI .114.01,10 .000 �•= / (oort7 i ( / e0 1 ei Vg-_ �.1 -4\960- • / ._ _ 1 , s IN / oe �1,_�_.� / —+ :p g -t-7 • =MM. 4111111.10 r .� / ,1 • // r� • 433-170* . 1 1 (oc 1E 1,....71.11.'..1=4/441g6 ORD _T _ --- / . —/I• 4 1 t Tr AS LA IG '-3g26 to laqiNet ,744:4� �11412 ;Wolin SAFAR AT R1DG C DAKOT ,4A-yy COUNTY FIGURE No. 17 STORM SEWER LAYOUT MAP CITY Or EAGA I' DAKOT BLP -2 911.6 9/7.6, PAOJECt I1t LtaiEla iloresiii1 AiifAt +wclaw iirwafti 61.64 Waal eewthli tw• os4 TOM L*$ STAT1ow b.bwyl 1 iTOIMA LIFT 1TM$ON ire♦ O LiA 1011 imam* FoNb k011I:AL wAltil . . . . . : .Live. . . . '0O.0 Folio Boil *ATtn LkvtL 900.0 bv¢ut.ANb ONAMAbt toUTt _ - Agenda Information Memo March 15, 1994, City Council Meeting ISTA1 # NUR ::: J g1" AI 'AF.F > > >> ::DAT) .. •• UPDATE/DAKOTA COUNTY LEAGUE OF GOVERNMENTS A. Update on Dakota County League of Governments March Meeting--Councilmember Hunter will take a few minutes to update the rest of the City Council on issues before the Dakota County League of Governments, particularly those items discussed at their March meeting. MEMO city of eagan MEMO TO: Tom Hedges, City Administrator THRU: Peggy Reichert, Community Development Director FROM: Kristy Marnin, Senior Planner DATE: March 15, 1994 SUBJECT: MVTA - Request for Letter of Support for ISTEA Funding for Burnsville Transit Hub This afternoon I received a request from MVTA for a letter of support for ISTEA funding for the Burnsville Transit Hub project. Each of the six MVTA cities are being asked to sign a letter of support. A copy of this letter is attached. As you may recall from my previous memos to you regarding MVTA, MVTA purchased property at Highway 13 and Nicollet Avenue in Burnsville in order to construct a major park and ride facility. The MVTA Park/Ride Lot Study conducted in 1992 identified a need for greater park and ride capacity in that area. This facility will accommodate expanded bus service, will contribute to the success of the interim third lane on I -35W scheduled to open later this year, and fits with the RTB's concept of a regional hub -and- spoke system proposed in its "Vision for Transit" plan. The proposed park and ride lot will eventually include 700 to 750 spaces, bus/passenger transfer and waiting areas and associated amenities (covered area, telephones, benches, info/schedule kiosk, etc.) and adjacent commercial development. The RTB recently approved funding for the first phase of the project, which would include approximately 400 spaces, the bus/passenger transfer and waiting areas, and a small convenience office building. The request for ISTEA transit funding would be for the second phase of the project, which would include an additional 300 spaces and reconstruction of an HOV lane connecting the lot to I -35W. MVTA needs to have the support letter returned to them by March 30, 1994. If you have any questions regarding this request, please advise. cc: Jim Sturm city of aagan March 15, 1994 Mr. Robert D. Owens, Acting Director Transportation Advisory Board Metropolitan Council 230 East 5th Street St. Paul, Minnesota 55101 RE: Burnsville Transit Hub Dear Mr. Owens: THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrator E. J. VAN OVERBEKE City Clerk This letter is being written to express support for the development of the Burnsville Transit Hub project. We are a member city of the Minnesota Valley Transit Authority (MVTA). The City of Eagan has been working closely with MVTA to establish feeder park and ride lots within our community which will provide service to this hub and then express service to a multitude of other hubs and primary destinations. The Burnsville Transit Hub will offer a timed -transfer point for reverse -commute and employer shuttles for the southern suburbs. We expect this to greatly increase transit opportunities within our region. We would greatly appreciate your consideration for ISTEA Funding for this facility. Sincerely, Thomas A. Egan Mayor TE/kcm MUNICIPAL CENTER 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122-1897 PHONE: (612) 681-4600 FAX: (612) 681-4612 TDD: (612) 454-8535 THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN, MINNESOTA 55122 PHONE: (612) 681-4300 FAX: (612)681-4360 TDD: (612)454.8535