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06/07/1994 - City Council RegularAGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING JUNE 7, 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 - DEPARTMENT HEAD BUSINESS (BLUE) V. x. B. q a1E. F e.3,,e G. 31 H. ve . P , 3J . ' M. L. P t' v,N. P' 0. P` s4. ni e S. (P. 6:55 - CONSENT AGENDA (PINK) PERSONNEL ITEMS LICENSES, Plumbers PROCLAMATION, Pause for the Pledge of Allegiance, June 14, 1994 ADOPTION, Amended MVTA Joint Powers Agreement RESIGNATION, Advisory Parks, Recreation and Natural Resources Commission Member SPECIAL USE PERMIT, Pahl's Market, Temporary vegetable stand located on the SW corner of Dodd and Cliff Roads in the SW 1/4 of Sec 25 RESOLUTION and Findings of Facts, Denial of Comprehensive Guide Plan Amendments for 9.6 acres located west of Crestridge Drive and east of I -35E in the SE 1/4 of Sec 16/Good Value Homes RESOLUTION and Findings of Facts, Denial of Comprehensive Guide Plan Amendment for 19.52 acres located south of Town Centre Drive and east of Yankee Place in the NE 1/4 of Sec 15/Centex Homes RESOLUTION and Findings of Facts, Denial of Rezoning of 30.1 Acres from R-4 (Multiple) and A (Agricultural) to R-1 (Single Family) located south of Lone Oak Road and North of Highway 55 in the NE 1/4 of Sec. 12/Marell, Inc. RATIFICATION, DTED Resolution, Badger Bazen/Lull Engineering Grant APPROVAL, Provide Standing Approval for First Trust to Process Bonds of Indemnity LICENSE, Massage Therapist, Laceson Town, Kokomo Tan, Cliff Lake Centre CONTRACT 94-06, Receive Bids/Award Contract (Wilderness Run 1st - 4th Addition Street Rehabilitation) PROJECT 660, Revise Pending Assessment Roll/Order Final Assessment Hearing (Wilderness Run 1st - 4th Addition - Street Rehabilitation) PROJECT 674, Receive Petition/Authorize Feasibility Report (Violet Lane - Street and Utilities) CONTRACT 94-05, Receive Bids/Award Contract (Dodd Road - Streets and Trails) PROJECT 661R, Receive Revised Feasibility Report/Order Public Hearing (Sibley Terminal Industrial Park - Street Rehabilitation) PROJECT 673, Receive Feasibility Report/Order Public Hearing (TH 3/School Road - Streets and Utilities) PROJECT 656, Receive Feasibility Report/Order Public Hearing (Cedarvale Access Improvements - Silver Bell Road and T.H. 13) 0 PROJECT 672, Approve Resolution /Agreement - Financial Participation (T.H. 3 and Cliff Rd. - Signalization) �/�U. ORDINANCE, Community Investment Fund Ordinance and Operational Policy r , V. ORDINANCE Amendment to Chapter 11, Land Use Regulations (Zoning) by adding Section O'' 11.04, Interim Use: Study Area and by Adopting by Reference Eagan City Code, Chapter 1 and Section 11.99 � 79W. AUTHORIZATION, Request for Proposal, Sale of Lexington Meadows Subdivision P VI. 7:00 - PUBLIC HEARINGS (SALMON) A. VACATE, Drainage and Utility Easement (Lot 1, Block 1, United Stationers Addition) Q3 B . VACATE, Right -of -Way (Old Sibley Memorial Highway - West of Cedar Freeway) 'yi C. PROJECT 667, Cedarvale Drive (Street Reconstruction) D. VACATE, Portion of Public Right -of -Way, Englert Road Cul -de -Sac VII. OLD BUSINESS (ORCHID) VIII. NEW BUSINESS (TAN) falo" VARIANCE, United Stationers, a variance of 4% to the maximum building coverage in a A. L -1 zoning district and Site Plan Review P.1 . FINAL PLAT, Pondview Addition C. CONTRACT 94 -04, Receive Bids /Award Contract (Englert Road - Street and Utilities) 1 7 ,1 D. PROJECT 666, Receive Petition /Authorize Revised Feasibility Report (Waterview Addition „of - Sanitary Sewer and Watermain Extensions) er11 PRELIMINARY PLAT, Amundson Corner Addition /Gilbert Amundson, consisting of two lots 6.. on 1.25 previously zoned R -1 (Single Family) acres and a VARIANCE of 25' to the Dakota (4 County required 50' right -of -way dedication along Cliff Road located at the NE intersection of Lenore Lane and Cliff Road in the SE 1/4 of Sec 29 �`IF. AMENDMENT, Planned Development Amendment /Hoyt Properties, Inc., to the Hadler Park e . Planned Development to allow an office use for Lot 4, Block 1, Hadler Park Addition, located along the south side of Cliff Road, west of Rahn Cliff Road in the NE 1/4 of Sec 31 e G. COMPREHENSIVE GUIDE PLAN AMENDMENT, Ray Connelly, changing the land use category of approximately 7.93 acres from D -I Single Family Residential (0 -3 units /acre) to NB (Neighborhood Business) located in the northwest corner of Lexington Avenue and Diffley Road in the SW 1/4 of Sec 23 0 1 H. COUNTY Five Year CIP Review IX. ADDITIONAL ITEMS (GOLD) X. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) XI. ADMINISTRATIVE AGENDA (GREEN) XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. 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: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 3, 1994 SUBJECT: AGENDA INFORMATION FOR THE JUNE 7, 1994 CITY COUNCIL MEETING ADOPT AGENDA /APPROVE MINUTES After approval is given to the June 7, 1994 City Council agenda and the Special City Council minutes for the April 28, 1994 and May 3, 1994 Special City Council meetings, the following items are in order for consideration. DEPARTMENT HEAD BUSINESS At this time, there are no items to be considered under Department Head Business. Agenda Information Memo June 7, 1994 City Council Meeting CONSENT AGENDA ► ' There are twenty-three (23) 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. A. Personnel Items PERSONNEL ITEMS Item 1. Seasonal Street Maintenance Workers - -After interviews, it is the recommendation of Street Supervisor Struve that the following persons be hired as seasonal street maintenance workers: Ryan Trullinger and Jeremy Olson. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Ryan Trullinger and Jeremy Olson as seasonal street maintenance workers. Item 2. Seasonal Street/Equipment Maintenance Worker - -After interviews, it is the recommendation of Street Supervisor Struve that Wayne Butor be hired as a seasonal street /equipment maintenance worker. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Wayne Butor as a seasonal street /equipment maintenance worker. Item 3. Seasonal Park Maintenance Workers - -After interviews, it is the recommendation of Superintendent of Parks VonDeLinde that Rolf Simonson and Duane Barton be hired as seasonal park maintenance workers. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Rolf Simonson and Duane Barton as seasonal park maintenance workers. Item 4. Seasonal Utility Maintenance Worker - -After interviews, it is the recommendation of Superintendent of Utilities Schwanz that Darren Wilke be hired as a seasonal utility maintenance worker. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Darren Wilke as a seasonal utility maintenance worker. Agenda Information Memo June 7, 1994 City Council Meeting Item 5. Summer Seasonal Recreational Staff—After interviews, it is the recommendation of Recreation Supervisor Nowariak that the following persons be hired as seasonal recreation leaders: Shannon Haugh, Heather Kjos, Chris Larson, Kimberly Larson, Jonelle Nevanen, Colleen O'Shaughnessy, Joan Smebakken, Lynne Smebakken, Robin Stubblefield, Julie VandeWalker, Mark Wahlstrom and Kristin Wishy. It is also the recommendation of Recreation Supervisor Nowariak that the following persons be hired as seasonal recreation assistants: Carolyn Beecher, Martha Buyck, Deborah Gretsfeld, Jasen Groff, Eva L'Herault, Derrick Hoffman, Michelle Huss, Allison Johnson, Charles McCarty, Keri Muench, Tracey Muench, Angela Orton, Patricia Valusek, John Wahlstrom and Stephanie Zeitz. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Shannon Haugh, Heather Kjos, Chris Larson, Kimberly Larson, Jonelle Nevanen, Colleen O'Shaughnessy, Joan Smebakken, Lynne Smebakken, Robin Stubblefield, Julie VandeWalker, Mark Wahlstrom and Kristin Wishy as seasonal recreation leaders and of Carolyn Beecher, Martha Buyck, Deborah Gretsfeld, Jasen Groff, Eva L'Herault, Derrick Hoffman, Michelle Huss, Allison Johnson, Charles McCarty, Keri Muench, Tracey Muench, Angela Orton, Patricia Valusek, John Wahlstrom and Stephanie Zeitz as seasonal recreation assistants. Item 6. Reorganization/Protective Inspections Division - -It had been the intention of the City to hire a person as Assistant Chief Building Official in order to replace the person who had resigned from that position. However, after intensive discussion and study, it is the recommendation of City Administrator Hedges, Director of Community Development Reichert and Chief Building Official Reid that the City could more effectively be served by a reorganization of the Protective Inspections Division of the Department of Community Development. Therefore, it is their recommendation that the City eliminate the position of Assistant Chief Building Official and that two new positions of "Senior Inspectors" be created, one of which would be merely a title change for the current Lead Inspector, Bill Bruestle. The duties of the Senior Inspectors would consist of performing inspections in the field, performing analysis of construction plans in the office and the coordination of the duties of the other field inspectors and the construction analyst. It is recommended that Building Inspector Dale Schoeppner be appointed to the second Senior Inspector position. The City would then need to fill the Schoeppner's old position of Building Inspector. ACTION TO BE CONSIDERED ON THIS MATTER: To eliminate the position of Assistant Chief Building Official, to change Bill Bruestle's title to Senior Inspector, and to appoint Dale Schoeppner as a Senior Inspector. Item 7. Student Intern/Parks & Recreation- -For Council's information, John Devine III will be fulfilling a student internship in the Parks and Recreation area during the summer months. Mr. Devine will not be an employee of the City of Eagan. The item is on the Consent Agenda only for the Council's information. No action is required on this item. 3 Agenda Information Memo June 7, 1994 City Council Meeting Item 8. Administrative Secretary-- Fourteen applicants were interviewed for this position. Three finalists were then chosen for further testing and interviews. Following interviews, written tests and exercises and reference checks, it is the recommendation of City Administrator Hedges, Finance Director VanOverbeke and Assistants to the City Administrator Duffy and Hohenstein that Diane Palmersheim be hired as the Administrative Secretary. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Diane Palmersheim as Administrative Secretary. Item 9. Resignation /Street Maintenance Worker - -The City has received a letter of resignation from Bill Gallagher, a maintenance worker in the Streets /Equipment Division. After considering the needs of the department, it is the recommendation of Director of Public Works Colbert and City Administrator Hedges that the position be advertised and filled. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Bill Gallagher, a maintenance worker in the Streets /Equipment Division, and to approve filling the position. PLUMBERS' LICENSES B. Licenses, Plumbers - -Cit ode requires that plumbers be licensed on at least an annual basis. Enclosed on page is a list of those contractors whose applications are in order for consideration by the Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers' licenses as presented. PLUMBER LICENSES FOR APPROVAL - YEAR 1994 ANDERSON MECHANICAL INC. BEST PLUMBING & HEATING K & K HEATING & PLUMBING INC. KRUMHOLZ COMPANY, INC. LARSON PLUMBIN & HEATING INC. M & W WATER & SEWER INC. MINNESOTA MECHANICAL OF MI NNEAPOLIS-ST. LIS PAUL, INC. For .Tune 7„ 1 994 City Council Meeting S Agenda Information Memo June 7, 1994 City Council Meeting PAUSE FOR THE PLEDGE OF ALLEGIANCE PROCLAMATION C. Proclamation, Pause for the Pledge of Allegiance, June 14, 1994 -- Enclosed on page _ is correspondence received of the National League of Cities concerning the "Pause for the Pledge of Allegiance" program which is recognized on Flag Day, June 14. The League asks the City to join with cities around the country in proclaiming June 14, 1994 as an observance gk the "Pause for the Pledge of Allegiance" activity. Also enclosed on pages 7 through is a copy of the proclamation in this regard. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a proclamation setting 7:00 p.m. on Tuesday, June 14, 1994, to be the Pause for the Pledge of Allegiance as presented. c,. March 28, 1994 Sincerely, e James, � ." esie nt Mayor of Newark ew Jersey National League of Cities 1301 Pennsylvania Avenue N.W. Washington, D.C. 20004 (202) 626-3000 Fax: (202) 626 -3043 Officers President Sharpe James Mayor. Newark New Jersey First Vice President Carolyn Long Banks Councilwoman- at-Large. Atlanta. Georgia Second Vice President Hal Conklin Mayor. Santa Barbara. California Immediate Pasi President Glenda E Hood Mayor Onando.Ftonda Executive Director Donald J. Borut Dear Mayor: 1 am writing this letter to the leaders of our nation's cities and towns to encourage you to lead your community in observing Flag Day on June 14, and to join with other communities throughout America in this year's 15th annual "Pause for the Pledge of Allegiance." Whether seen at Olympic ceremonies to honor our medal winners, flying atop the White House, or leading the way for a high school marching band, no symbol represents our ideals so immediately and universally as the American flag. The Pledge of Allegiance has become just as enduring a statement about our nation as the flag it honors; it is an affirmation of our shared beliefs and national spirit. The "Pause for the Pledge" is a call for Americans everywhere to join in reciting the Pledge of Allegiance at 7 p.m. EDT on Flag Day. Conceived in 1980 by the National Flag Day Foundation in Baltimore, this annual event has gained widespread support from the President and Congress, from state and local leaders, and civic, business, service, and educational groups nationwide. The "Pause for the Pledge of Allegiance" was made an official Flag Day ceremony by an Act of Congress in 1985. President Clinton has been invited to lead this year's national "Pause for the Pledge" at Fort McHenry in Baltimore, where Francis Scott Key wrote the "Star Spangled Banner" during the War of 1812. And once again, youth representatives will carry the flags of all 50 states as part of the ceremony, In its effort to spread the word about Flag Day and the Pause for the Pledge of Allegiance, the National Flag Day Foundation and its operating arm, the National Flag Day Committee, have prepared a very useful set of materials about activities, background, promotional ideas, sample resolution, participants, checklists and other suggestions for organizing local Flag Day events. If you would like to obtain this information for your community, please fill out the enclosed request sheet from the National Flag Day Committee and send it to the address appearing on the Flag Day letterhead. 1 hope you can join in organizing and helping to lead this unifying event in your community on Flag Day, 1994. enclosure Past Presidents: Sidney Barthelemy, Mayor, New Orleans. Louisiana • Ferd Harrison, Mayor. Scotland Neck. North Carolina • Cathy Reynolds, Councilwoman -at- Large. Denver Colorado • Directors: Lucy T. Allen, Mayor. Louisburg. North Carolina • Ann Azari, Mayor, Fon Collins. Colorado • Lock Beachum, Sr., Councilman, Youngstown, Ohio • Don Benninghoven, Executive Director. League of California Cities • Jimmy Burke, Mayor, Deer Park. Texas • Anthony Capizzi, City Commissioner. Dayton. Ohio • Carl Classen, Executive Director. Wyoming Association of Municipalities • E. W. Cromartie, II, Councilman. Columbia, South Carolina • Charles A. Devaney, Mayor Augusta. Georgia • John Divine, Comm ssioner. Salina. Kansas • William Evers, Mayor, Bradenton. Florida • Martin Gipson, Alderman. North Little Rock. Arkansas • Robert R. Jefferson, Councilmember. Lexington. Kentucky • Steven E. Jetfrey, Executive Director Vermont League of Cities and Towns • Walter F. Kelly, Town Council President. Fishers. Indiana • Abbe Land, Mayor Pro Tern. West Hollywood. California • Gregory Lashutka, Mayor Columbus. Ohio • Sheila Jackson Lee, Councilmember- at-Large. Houston. Texas • Ilene Lieberman, Mayor. Lauderhill. Florida • Sylvia L. Lovely, Executive Director. Kentucky League of Cities • Millie MacLeod, Council Member. Moorhead. Minnesota • Maryann Mahaffey, City Council President. Detroit. Michigan • Thomas M. Meninx, Mayor. Boston Massacnusens • Thomas F. Morales, Jr., Vice Mayor. Avondale. Arizona • J. Ed Morgan, Mayor. Haniesburg. Mississippi • Kathryn Nock, Vice Mayor, Pasadena California • James P. Nix, Mayor Farhope Alabama • Mary Pinkett, Council Member. New York, New York • Sharon Priest, City Director. Little Rock. Arkansas • Carolyn Ratto, Council Member. Turlock. California • Bill Revell, Mayor. Dyersburg. Tennessee • L. Lynn Rex, Executive Director. League of Nebraska Municipalities • Alicia M. Sanchez, Councilmember, Port Huron. Michigan • Raymond C. Sittig. Executive Director. Florida League of Cities • Woodrow Stanley, Mayor, Flint. Michigan • Frank Sturzl, Executive Director. Texas Municipal League • Dan Thompson, Executive Director, League of Wisconsin Municipalities • Max W. Wells, Councilmember, Dallas. Texas • Jim W. White, Councdmernber. Kent. Washington • Jack B. Williams, Mayor. Franklin Park. Illinois Recycled Paper PROCLAMATION city of eagan WHEREAS, the citizens of the United States of America recognize June 14 as Flag Day and commemorate the event by flying flags in honor of our country, and WHEREAS, the American flag, as a symbol of our nation's freedoms and values, has a long and significant history, and WHEREAS, the citizens of Eagan enjoy the many benefits of our country and appreciate its resources and opportunities, and WHEREAS, as a part of this recognition of our country and its flag, the "Pause for the Pledge of Allegiance" program was initiated in 1980 and has been observed annually ever since, NOW, THEREFORE, BE IT RESOLVED that the City of Eagan hearby proclaims that the "Pause for the Pledge of Allegiance" will be held at 7:00 p.m. on Tuesday, June 14, 1994, and BE IT FURTHER RESOLVED that the City's citizens are encouraged to take this time to recognize our country, its symbols and its value to us all. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: 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 , 1992. E.J. VanOverbeke, City Clerk City of Eagan Agenda Information Memo June 7, 1994 City Council Meeting MVTA JOINT POWERS AGREEMENT AMENDMENT D. Adoption, Amended MVTA Joint Powers Agreement -- Enclosed on pages It through. is a memorandum from the Community Development Department covering the amended Joint Powers Agreement for the Minnesota Valley Transit Authority. The memo outlines the principal changes in the amended agreement. This item has been reviewed by the MVTA Board and City staff and is in order for consideration by the Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To adopt the amended MVTA Joint Powers Agreement as presented. 1 0 MEMO city of eagan MEMO TO: Tom Hedges, City Administrator THRU: Peggy Reichert, Community Development Directo FROM: Kristy Marnin, Senior Planner ,J DATE: May 23, 1994 SUBJECT: City Council Agenda Item - June 7, 1994 Meeting Amended Joint Powers Agreement Minnesota Valley Transit Authority The City Council is requested to approve the amended Joint Powers Agreement Establishing the Minnesota Valley Transit Authority (MVTA). A copy of the amended agreement is attached. At its April 23, 1994 meeting, the MVTA Board approved the amended agreement, subject to approval by all of the eight MVTA member cities and counties. The MVTA also approved revisions to its bylaws at the April meeting. A copy of the revised bylaws is also attached. The substantive changes to the amended documents are as follows: 1. The Advisory Committee (which has not met since the formal inception of MVTA Board members) has been abolished. 2. MVTA has been expanded to include one Board member each from Dakota and Scott Counties' Board of Commissioners. 3. The RTB members who represent the same cities as the MVTA may serve as ex- officio members to MVTA. 4. Four of the Board members appointed by the cities constitutes a quorum. 5. The facilitation of Board elections at the January meeting has been clarified. An original copy of the Joint Powers Agreement, assuming approval by the Council, has been placed in the folder for the necessary signatures. If you have any questions regarding this request, please advise. MVTA JOINT POWERS AGREEMENT ESTABLISHING THE MINNESOTA VALLEY TRANSIT AUTHORITY Amended March 1993, March 1994 THIS JOINT POWERS AGREEMENT is by and among the Cities of Apple Valley, Burnsville, Eagan, Prior Lake, Rosemount, and Savage from hence forth to be known as the "Cities," municipal corporations organized under the laws of the State of Minnesota. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes § §473.384, 473.388, and 471.59. WHEREAS, the Cities have completed a Project Study under the Metropolitan Transit Demonstration Program; NOW, THEREFORE, BE IT RESOLVED, in consideration of the mutual covenants contained herein, it is hereby agreed by and among the Cities: 1. Name. The Cities hereby create and establish the Minnesota Valley Transit Authority. 2. Purpose. The purpose of this Agreement is to provide public transit service for the Cities pursuant to Minnesota Statutes §473.388. 3. Definitions. (A) "AUTHORITY" means the organization created by this Agreement. (B) "BOARD" means the Board of Commissioners of the Minnesota Valley Transit Authority. (C) "COUNCIL" means the governing body of a party to this Agreement. 1 D. (D) "REGIONAL TRANSIT BOARD (RTB)" is the regional transit board as established by Minnesota Statutes §473.373. Manager or Chief Administrator of each party, or leis or her designee which (-F4- (E) "PARTY" means any city which has entered into this Agreement. (G) (F) "TECHNICAL WORK GROUP" is a committee consisting of one staff member of each party which shall act as technical advisors to the Advisory Committee and the Board and shall also serve as the party's alternate commissioner. 4. Parties. The municipalities which are the original parties to this Agreement are Apple Valley, Burnsville, Eagan, Prior Lake, Rosemount, and Savage. Additional Parties may be added by the concurrence of all the existing parties. No change in governmental boundaries, structure, organizational status or character shall affect the eligibility of any party listed above to be represented on the Authority so long as such party continues to exist as a separate political subdivision. 5. Board of Commissioners. (A) The governing body of the Authority shall be its Board which will consist of Leven (7) nine (9) voting commissioners. Each party shall appoint one commissioner, and one alternate commissioner who shall also serve on the Technical Work Group. The commissioners from the cities of Burnsville, Eagan, and Apple Valley shall additionally collectively appoint one commissioner and one alternate. This commissioner and its alternate shall be appointed by the three commissioners aforementioned and shall henceforth be known as the "at large commissioner"and the "at large alternate" respectively, and will be appointed annually at the January meeting and will be limited to serving four consecutive one year terms. Regional Transit Board member who represents the same cities as the MVTA, may serve as non - voting ex officio members of the Board of Commissioners. The Dakota County Board of Commissioners and the Scott County Board of -2 -JOINT POWERS AGREEMENT, MVTA �3 Commissioners shall each appoint one commissioner and one alternate commissioner. (B) Commissioners shall be a member of the Council of each party or its designee, or for commissioners appointed by Dakota and Scott Counties, be a member of the Board of Commissioners of the county making the appointment. The at large commissioner and alternate may or may not be an elected official as to be determined by the commissioners from Apple Valley, Burnsville and Eagan and reviewed by the aforementioned commissioners on an annual basis. Alternate commissioners, with the exception of the at large alternate, shall each be a member of the staff of a party and shall serve on the Technical Work Group, or for county commissioners, their alternates shall be staff of the county making the appointment. The terms of office of commissioners shall be determined by eat the party or the county making the appointment. (C) A commissioner may be removed by the party or county appointing the commissioner with or without cause. (D) Commissioners shall serve without compensation from the Authority. (E) At least five (5) four (4) of the Board members of the Board appointed by the parties shall constitute a quorum of the Board. Attendance by a quorum of the Board shall be necessary for conducting a meeting of the Board. The Board may take action at a meeting upon an affirmative vote of fivc (5) four (4) of the commissioners appointed by the parties or such a commissioner's alternate in his or her absence. -3 -JOINT POWERS AGR EMENT, MVTA 1 (F)At the January mcctir3g or as soo* thereafter as it may be reasonably done, the The Board may adopt rules and regulations governing its meetings. (G) As the first order of business at the January meeting of each year, the Board shall elect a chair, a vice chair, a secretary, a treasurer, and such other officers as it deems necessary to conduct its business and affairs. The current chair shall facilitate these elections. In the event that the current chair is no longer his /her city's representative to the MVTA, the Vice Chair shall facilitate the election process. In the event that both the Vice Chair and Chair are no longer its city's representative to the MVTA, the board shall decide on another officer or commissioner to preside over the elections. The newly elected chair shall then preside over the remainder of meeting and all meetings henceforth until a new chair is elected. 6. Powers and Duties of the Authority. (A) General. The Authority has the powers and duties to establish a program pursuant to Minnesota Statutes § §473.384 and 473.388 to provide public transit service to serve the geographic area of the parties. The Authority shall have all powers necessary to discharge its duties. (B) The Authority may acquire, own, hold, use, improve, operate, maintain, lease, exchange, transfer, sell, or otherwise dispose of equipment, property, or property rights as deemed necessary to carry out the purposes of the Authority. (C) The Authority may enter into such contracts to carry out the purposes of the Authority. (D) The Authority may establish bank accounts as the Board shall from time to time determine. (E) The Authority may employ an executive director whose duty shall be to administer policies as established by the Authority. The executive director shall be an employee of the Authority. The Authority may enter into employment contracts with other personnel and may provide for compensation, insurance, and other terms and conditions that it deems necessary. -4 -JOINT POWERS AGENT, MVTA 1 D (F) The Authority may enter into a contract for management services. (G) The Authority may sue or be sued. (I-1) The Authority shall cause to be made an annual audit of the books and accounts of the Authority and shall make and file the report to its Members at least once each year. (I) The Authority shall maintain books, reports, and records of its business and affairs which shall be available for and open to inspection by the parties at all reasonable times. (J) The Authority may contract to purchase services from any one of the parties. (K) Without the unanimous approval of the Board, the Authority shall not purchase buses, motor vehicles, buildings, real estate or lease the same for a period in excess of five (5) years. 7. Operating Costs, Budget, and Financial Liability. (A) The Authority shall have a fiscal year beginning January 1 and ending December 31. On or before October 1 of each year, the Executive Director shall prepare an estimated budget for the next fiscal year including an estimate of expenditures, operating costs, and revenues. Capital expenditures and operating costs shall be limited to revenues received pursuant to Minnesota Statutes § §473.384 and 473.388, and estimated revenues to be received from operation of the transit system. The Board shall review and approve or disapprove the budget. The budget may be adjusted from time to time on the basis of actual costs incurred or changes in estimated revenue or expenditures. In the event of an adjustment of the budget, there shall be furnished to each party a computation of the adjustment. (B) The annual financial contribution to the Authority of each party shall be the total amount of assistance which each party receives pursuant to Minnesota Statutes §§473.384 and 473.388. 8. Insurance. The Authority shall purchase insurance in such amounts and on such terms as the Authority shall determine. -5 -JOINT POWERS AGREEMENT, MVTA 1 (0 9. Duration of Agreement. This Agreement shall continue in force commencing on January 1, 1991 and as amended in March 1993, March 1994, and thereafter from year to year, subject to withdrawal by a party or termination by all parties. Withdrawal by arty party shall be effected by serving written notice upon the other parties no later than January 10th of the year at the end of which such withdrawal is to be effective. Withdrawal from the Agreement by any party at the end of the calendar year shall not affect the obligation of any party to perform the Agreement for or during the period that the Agreement is in effect. Withdrawal of any party or termination of the Agreement by all parties shall not terminate or limit any liability, contingent, asserted or unasserted, of any party arising out of that party's participation in the Agreement. 10. Distribution of Assets. In the event of withdrawal of any party from this Agreement, the withdrawing party shall not be reimbursed. In the event of termination of this Agreement by all parties, all of the assets which remain after payment of debts and obligations shall be distributed among the municipalities who are parties to this Agreement immediately prior to its termination in accordance with the following formula: Each municipality shall receive that percentage of remaining assets determined by dividing the total amount of which that municipality contributed to the Authority during the previous five (5) years by the total amount contributed to the Authority over the previous five (5) years by all the municipalities who are parties to this Agreement immediately prior to its termination. The amount of the distribution to any party pursuant to this Agreement shall be reduced by any amounts owed by the party to the Authority. 11. Effective Date. This Agreement shall be in full force and effect when all six (6) initial Members, delineated in paragraph 4 of this Agreement, sign this agreement as amended March 1993 March 1994. All Members need not sign the same copy. The signed Agreement shall be filed with the Executive Director, who shall notify all Members at the earliest Board meeting of its effective date. Until this •6 -JOINT POWERS AGREEMENT, MVTA t Agreement, as amended, is signed by all Members, the preceding Agreement shall stay in tact and in effect. IN WITNESS WHEREOF, the undersigned government units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statutes §471.59. NOTARY OF EACH Adopted this day of , 1993. SIGNATURE BELOW CITY OF APPLE VALLEY By . Its: ATTEST: By: Its: Adopted this day of , 1993. CITY OF BURNSVILLE By : Its: -7 -JOINT POWERS AGREE NT, MVTA / Notary Public Notary Public Notary Public ATTEST: By: Its: Adopted this _ day of , 1993. CITY OF EAGAN By : Its: ATTEST: By: Its: Adopted this _ day of , 1993. CITY OF PRIOR LAKE By Its: -8 -JOINT POWERS AGREEMENT, MVTA ( C I Notary Public Notary Public Notary Public Notary Public ATTEST: By: Its: Adopted this _ day of , 1993. CITY OF ROSEMOUNT By : Its: ATTEST: By: Its: -9 -JOINT POWERS AGREEMENT, MVTA .:,2 Notary Public Notary Public Notary Public Adopted this day of , 1993. CITY OF SAVAGE By Its: ATTEST: By: Its: -10 -JOINT POWERS AGREEMENT, MVTA a( Notary Public Notary Public BYLAWS OF MINNESOTA VALLEY TRANSIT AUTHORITY As Amended March 1993, March 1994 ARTICLE I. NAME The name of this organization is the Minnesota Valley Transit Authority. ARTICLE II. PURPOSE The purpose of this Authority is to provide public transit service for the cities of Apple Valley, Burnsville, Eagan, Prior Lake, Rosemount, and Savage. ARTICLE III. BOARD OF COMMISSIONERS Section 1, The governing body of the Authority is its Board which consists of seven (7) nine (9) Commissioners. Terms of the Commissioners are set by the cities or counties that have appointed them. ARTICLE IV. MEETINGS, QUORUM. VOTE REQUIRED FOR ACTION OF THE BOARD Section 1, The Board meeting schedule shall be determined by the Board or, when necessary, as notified. Section 2. All commissioners are expected to attend regular meetings of the Authority. Commissioners shall contact the Executive Director prior to the meeting if they are unable to attend, and shall notify the alternate commissioner and request that the alternate attend. Two (2) consecutive absences by a Commissioner, along with the absence of his or her duly seated alternate from regular meetings, shall result in written notification from the Minnesota Valley Transit Authority Executive Director under the direction of the chair to the represented party requesting a replacement be made. The notification shall be sent to the commissioner's respective city administrator /manager who will be requested to bring the matter to his /her city council's attention. In the event that the chair and a40, the absentee member are one in the same, the vice chair will then give direction to the Executive Director to carry out the process as mentioned above. Section 3. In the absence of a Commissioner, the designated alternate for the absent Commissioner shall act in the place of the Commissioner with all authority of the absent Commissioner. Section 4. Special meetings may be called by the Chair or any two (2) Commissioners by written or telephone notice to each member of the Board and office of the City Manager /Administrator of each member city. Twenty -four (24) hour notice shall be given in advance of the meeting. Section 5. Emergency meetings may be called by the Chair or Executive Director if the delay needed to call a special meeting would cause serious harm to Minnesota Valley Transit Authority. Only urgent matters needing immediate attention without delay may be acted upon at an emergency meeting. Section 6. Five (5) Four (4) Board Commissioners appointed by the parties shall constitute a quorum which shall be necessary for conducting the business of the Board and exercising its powers. Section 7. Action of the Board shall require the affirmative vote of five (5) four (4) Commissioners appointed by the parties, or -the such duly seated alternated in the absence of the commissioner. Section 8. Meetings shall be conducted in accordance with the provisions of Revised Robert's Rules of Order, Second Edition. ARTICLE V. The Board may establish standing and /or temporary committees. Committees shall be comprised of commissioners only who may call upon staff or outside assistance and advise as necessary yet only the commissioners may vote and endorse final recommendations from these committees. Commissioners shall be appointed to -2- Bylaws As Amended 3/94 a3 these committees annually and when necessary, and assignments shall be reviewed at the February meeting. ARTICLE VI. OFFICERS Section 1. Officers of the Authority shall consist of a Chair, A Vice Chair, a Secretary, a Treasurer, and such other officers as the Board deems necessary to conduct its business and affairs. Officers shall be elected in January of each year for a term of one year and until their successors have been elected and qualified. The Chair shall be limited to two consecutive one year terms. Section 2. Chair. The Chair shall preside at all meetings of the Board. The Chair shall also appoint the member of each standing or temporary committee from among the members of the Board and may designate a Chair of each such committee. The Chair shall sign and execute all contracts, agreements, deeds, and other documents and instruments made by or on behalf of the Authority. Section 3. Vice Chair. In the absence of the Chair, the Vice Chair may exercise all the duties and powers of the Chair. Section 4. Secretary. The Secretary of the Authority shall maintain a record of all of the proceedings of the Board, provided, however, the taking and preparation of minutes may be preformed by a recording secretary. The Secretary may attest to the signatures or signature of such officer or officers of the Authority who may sign or execute any document or instrument on behalf of the Authority. Section 5. Treasurer. The Executive Director shall be the official custodian of all of the financial records of the Authority under the guidance or direction of the Treasurer. ARTICLE VII. EXECUTIVE DIRECTOR -3- Bylaws As Ame ded 3/94 C:)? The Commissioner may employ an Executive Director who shall have general supervisory authority over administration of all of the business and affairs of the Authority including, but not limited to, administration of the transit system or systems provided by the Authority, contracts for transportation service, marketing and promotion of such services, as well as recommendations for changes and additions to the transportation services provided. The Executive Director shall have the care and custody of all funds of the Authority and shall deposit the same in the name of the authority in such bank or banks as the Board may select. The Executive Director shall perform such other duties and functions as may required from time to time by the Board. Compensation of the Executive Director shall be established by the Board. The Board may also employ other persons, from time to time, as determined necessary for the efficient operation and delivery of transit service. ARTICLE VIII. DISBURSEMENT OF FUNDS Section 1. Disbursement of funds shall be by an order drawn by the Chair and the Executive Director upon the Treasurer. Except when issued for the payment of judgements, salaries, and wages previously fixed by the Board or by statute, principal and interest on obligations, rent, and other fixed charges, the exact amount of which has been previously determined by contract authorized by the Board, or other expenses as allowed in MN412.271. = - : . _ _ _ - - - - , _ No other order shall be issued until the claim to which it relates has been audited and allowed by the Board. Upon allowance by the Board, a claim may be paid. Any and all such claims paid shall be subsequently presented to the Board for its review. Section 2. When payment of a claim based upon contract cannot be deferred until the next Board meeting without loss to the Authority through forfeiture of discount privileges, or otherwise, it may be paid immediately if the itemized is endorsed for payment by a least a majority of all members of the Board. The claim shall be acted upon formally at the next Board meeting in the same manner as if it had not been paid. Section 3. Any officer or other agent or employee of the Authority who is authorized, singly or in conjunction with another or others, to sign checks, drafts, warrants, warrant checks, vouchers, or other orders on public funds on deposit in a -4- Bylaws As Amend 3/94 depository bank may authorize the bank to honor any such instrument bearing a facsimile of that person's signature and to charge the same to the account upon which drawn as fully as though it bore his or her manually written signature. Any one or more or all of the signatures upon any such instrument may be facsimile as herein provided. These Bylaws may be amended at any regular or special meeting of the Board with the approval of five (5) Commissioners of the Board or his or her duly seated alternate, provided a copy of the proposed amendment has been furnished to each Commissioner of the Board at least ten (10) days prior to the meeting subject to ratification of each party. Motion to Adopt Bylaws: Motion Seconded By: Ayes ___ ADOPTED as amended by the Minnesota Valley Transit Authority this 23 day of March. 1994. MINNESOTA VALLEY TRANSIT AUTHORITY BY: Its Chair ATTEST Its Executive Director ARTICLE IX. AMENDMENTS Nays -5- Bylaws As Amended 3/94 Agenda Information Memo June 7, 1994 City Council Meeting APRNRC RESIGNATION E. Resignation, Advisory Parks, Recreation & Natural Re urces Commission Member- - The City has received correspondence enclosed on page concerning the resignation of Erin Ipsen - Borgersen who will be leaving the City. With is resignation, two vacancies will exist on the APRNRC. Following the last resignation, staff was directed to advertise for residents interested in participating on the Commission. Such notice has been published and the City is in the process of receiving responses in this regard. At such a time as responses are received, this item will be returned for consideration for appointments to these two positions. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Erin Ipsen- Borgersen from the Advisory Parks, Recreation & Natural Resources Commission as presented. a7 To the members of the Parks Commission, City Council, and staff, It is with deep regret that I resign my position as secretary and member of the Eagan Parks, Recreation, and Natural Resources Commission. I have truly enjoyed working with each and every one of you. 1 spent many nights after our meetings, thinking about all of the different ways we look at issues. You have been the area of my life that fulfilled my need for adult intellectual conversation. I will miss each and every one of you more than you will ever know. 1 will also miss Eagan. I have spent the last 10 years here and I'm sure it will take time to get used to "city life ". hope to have a chance to see all of you some time in the future. I hope to come back to live here again someday. I'm sure that I will still utilize the parks and trails as long as I spend my days working in Eagan. Thankyou all very much for your respect, trust and friendship. I will miss you all very much. Sincerely, At Erin R. Ipsen— Borgersen �R Agenda Information Memo June 7, 1994 City Council Meeting SPECIAL USE PERMIT/PAHL'S MARKET F. Special Use Permit, Pahl's Market, Temporary Vegetable Stand Located on the Southwest Corner of Dodd and Cliff Roads in the Southwest Quarter of Section 25- -Gary Pahl of Paul's Market is requesting a special use permit to allow temporary sales of fruits and vegetables at the southwes i tersection of Cliff and Dodd Roads. The staff report on this item is attached on pages through ACTION TO BE CONSIDERED ON THIS ITEM: To approve a special use permit to allow the temporary sale of fruits and vegetables subject to the conditions set forth in the staff report. ao REPORT DATE: May 23, 1994 APPLICANT: Gary Pahl PROPERTY OWNER: Wierke Trenching Roger Wierke REQUEST: Special Use Permit LOCATION: SW corner of Cliff & Dodd Roads PID # 10- 03600 - 028 -25 COMPREHENSIVE PLAN: D -I (0 -3 units /acre) ZONING: A - Agricultural SUMMARY OF REQUEST Gary Pahl of Pahl's Market is requesting a Special Use Permit from July 1, 1994 through November 1, 1994 to allow temporary sales of fruits and vegetables at the SW intersection of Cliff and Dodd Roads in the NW 1/4 of Section 36. BACKGROUND /HISTORY: The applicant, Gary Pahl, has applied for and received approval for this permit twice (June 1992 and July 1993). In 1992 the stand was located on Sts. Martha and Mary Church property. In 1993 the location of the stand had been changed to the SW corner of Cliff and Dodd Roads. This is again their requested location. PROPOSAL City Code allows "stands for the sale of Agricultural products which are raised on the premises." The products to be sold will be grown at the Pahl farm in Apple Valley. It is the intention of the applicant to commence sales on July 1, 1994 and cease operations November 1, 1994. An 8' x 16' building will be located on the site (see picture) The hours of operations are to be: 11:00 am. - 7:00 pm. 9:00 am. - 6:00 pm. 10:00 am. - 5:00 pm. PLANNING REPORT CITY OF EAGAN Monday thru Friday Saturday Sunday Access to the site will be provided off Dodd Road and an unimproved direct access from Cliff Road. Dakota County Highway Department has approved the use of the access along Cliff Road. 3 0 CASE #: 25- SP- 7 -5 -94 HEARING DATE: June 7, 1994 PREPARED BY: Shannon Tyree Planning Report - Pahl's Market June 7, 1994 Page 2 EVALUATION OF REQUEST: Surrounding Uses. The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - single family Fawn Ridge 2nd; zoned PD -R1; designated D - I. South - large lot residential; zoned A; designated D - I. East - large lot residential; zoned A; designated D - 1I. West - Lebanon Hills Regional Park; zoned PK; designated P. ACTION TO BE CONSIDERED To approve or deny the Special Use Permit to allow the temporary sales of fruits and vegetables Located on PID # 10- 03600 - 028 -25. If approved, the Special Use Permit shall be subject to the following conditions: 1. The stand shall be setback a minimum of 50' from the Cliff Road right of way and 40' from the Dodd Road right of way; parking setbacks shall be a minimum of 20' from all property lines. 2. All signage shall meet Sign Code requirements and shall be subject to the one -time fee of $2.50 /s.f. 3. The permit is temporary and shall expire November 1, 1994. 4. The temporary building shall be removed from the site by November 1, 1994. 5. This permit is subject to all applicable City Code requirements. 'a MARKET • a. tw :*;• NAM' iivirltv . L IArl' eif/7 ( I Sw 11 I,I W,N II(,•f, 41 w vas tAi 14 C�11. CAS. Mfr .ense-eo, „ 1/41 AKE • • PARK se c vk,P, NE Pahl's Market I111JA 111'AYRIIN (9) ` •� \.Y , ' I 1`/ 1_ 1 1 •1 N t Ct L/ I •. � 1� � 1 N (,xA rllll , -1 wA (1 QINf *Ai � Irll I, I •..���...� 1 'Mr w[ S(ol t -.�c "Trr ' 1 � Rh )) ' �� M/� M A' w y" j 1 P , \ ✓/ i • (j )rAR , Nsw •e 1 (1 % 6 17.) _. I 1 1 l 'Al . "y je o f c ( J i '1( a+` rar 1) ..- - 1 - `j/ oirt Lc( Location lIg 11! -71179e--7 TCW II lil' •.I 1 � 1 ) w i vy , V 4 1 1 A 1 �• V ljlrs 3 et � ! - l i I I A I , JJ\, \ ! y '' / ')' I ° I ` M'► UK ) �f � ) I IN� ,II�'1rlr. .� I1'^ fl _ I I IAI A M. I ' r( � �# V U (( / / 7... ,� J �tt a .1rAr ,n - 2 r1 -,- ' "if^6.7m( r„.'", x L / � � Fri „ \' \(1� (l - `' ► n AT 5'rn / I • / „ 1111 O ar + 4K 'I p : / +`I c - 1 / 9 f ;1C - a„ 'S �{ , I" 1r 1 IA' ,IA`! (M,l IY // a 1 �1 ' LVilf Ire /I�'A 0,..'. � i 1 1 , •vFwuul I �,., ✓ , A 1 , :•4 , i' l ' •'' -.J , I \1 IA; 11411 .vrT1 F ; :: , � : !; l ei 1' I '>r ,.. �, 1 rrrz., IIA, 4 V I l r Si I h if Atm. J 41,N n *No - SE 1 Wt.))) S, w 1 ROSE00 NT ;' I - ► IOt1 950: 900 H \ A r'?, 1 I (f \ J 1 11 hr.,1 r. - h w on�(+�aRlr.r 1 J I.!w. ' /Nt 1i • lL..4 (11,10 "f \1Y I /( r .NIM R // /4 t • fi' "2 l ri �' / � :i •']l r � � �A - --i \ C rr, / / ! I t l I J � 1 , 1 ' 1 nn ' ' If ' ti 311 �r�VK. " /..l( I�i � : \ ; ' ' 'r 1F ( S � �' � \Ip �I 1 Ar1i1•J� t' \ NAINI� r Nr�'S If iJ 11 , R -'► --. I r r 11i ' I:NANo� ,� Firj 1h M'' ,. l 1/11114 '. 1 I w 5(1 500 .d ■ • Ard is 1 i w J , 7L • • • ilIFIl S.eI \ y ` I i �''�'�, \ 1 4 1 10 / - \\N\ -/ ...„ � �.�` „ e \ \ \ \ \\ _ \ • ■ WE 4.9 1 _1� v -Y 0 \1 1 O, 1 / r 11 1/ 1 -- - -- 1 -cm, `\ _) 1 of 1 / 1� p 4 // 1� �1 N l y // 1 > /e 111 N \I 1/1 1\ / I I \ \ �_/ ' / 1 1 1 / / \ \ \ -_� 7 � 1/ 1 I 1 \ % \\ — / 1 \ \\ 1 \ \ / / 1 { I II / // 1 1 \ L\ / I / I / 1 � / , / / 11ili 1 \ \\ �� / � /��/ °, / ///// / \ ■ 1 // 11 � .. I 1 // /- /' // 1\\ ) \ \ \ l I � D ' II \ \ \� , \ � , 1 / \ O \ \ \ . \ /r \ }../ \./ , /// / ( D. \ \ \`1.� 1 _ // / \ 1 ,,\ \ �_-- �� ■ _ . - .A _� \_ i �. \ - , ' / ,?II/, ... \ ,,,, ‘. \ ‘) \ • 4/! ) o //i . `♦ • O \ .1/ 4//�1 NI \\ . \ , 1 ` lam /I \ 1 \ \ \ \ N. 1 1 ` \ \ \ + 1 \ \ ' ■ • i \\.,- / ■ \_ __ -- \ �� / it !t *--•- - - tl \\ ' - - -/ 1 1 1 �. . -- - -' rl N - 1 z---\\\ : 1 f i / 1 'Y ` ..< / ri OQ4 -r5 1 /// 1 / 7 / /// l 1) 1 /1.° % /`/ — — J 3, Pahl's Market X25.0 /o ,dit- Z6 % �- / / o/ / /// / / //� 1 / / . ,j�- / �/ / / ' \ \ 1 1 1 / i i 10 1 / � /� / / �/ / / . ) 1' �I iL i�ir. � i�� . J -, /�f it , ki vp re ifiP7- K• "' 1 oft, 1 \ \ � L 1 Agenda Information Memo June 7, 1994 City Council Meeting RESOLUTION & FINDING OF FACTS /DENIAL OF COMP GUIDE AMENDMENT/ GOOD VALUE HOMES G. Resolution and Finding of Facts, Denial of Comprehensive Guide Plan Amendments for 9.6 acres located west of Crestridge Drive and east of I -35E in the southeast quarter of Section 16 /Good Value Homes - -The City Attorney's office has prepared the resolution and finding of facts for the denial of the comprehensive guide plan amendment for the Good Value Homes proposal. The resolution is enclosed on pages through ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution and finding of facts for the denial of the comprehensive guide plan amendment for 9.6 acres located west of Crestridge Drive and east of I -35E in the southeast quarter of Section 16 /Good Value Homes. 5 (( THE CITY OF EAGAN RESOLUTION DENYING THE REQUEST BY GOOD VALUE HOMES FOR AN AMENDMENT TO THE COMPREHENSIVE GUIDE PLAN CHANGING THE LAND USE DESIGNATION OF APPROXIMATELY 9.6 ACRES LOCATED WEST OF CRESTRIDGE DRIVE AND EAST OF I -35E ALL IN THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 27, RANGE 23, FROM LB (LIMITED BUSINESS TO D -II (MIXED RESIDENTIAL). The Advisory Planning Commission of the City of Eagan held a public hearing on this matter on April 26, 1994. The Advisory Planning Commission recommended a denial of the, Amendment to the Comprehensive Guide Plan. The application was heard by the Eagan City Council on May 3, 1994. At the May 3, 1994 meeting, the Council heard testimony from all interested parties (the applicant was not present) and considered the matter in conjunction with all of the files, records and prior proceedings. BE IT RESOLVED, by the City Council of the City of Eagan, Dakota County, Minnesota, that the request by Good Value Homes for an amendment to the Comprehensive Guide Plan changing the designation of approximately 9.6 acres of property located west of Crestridge Drive and east of I -35E all in the Southwest Quarter of Section 16, Township 27, Range 23, from LB (Limited Business to D -II (Mixed Residential) be denied based upon the following: 1. The applicant has the burden of persuasion to establish the basis for the Amendment to the Comprehensive Guide Land Use Plan. 2. The property is designated Limited Business in the Comprehensive Guide Land Use Plan. The designation of Limited Business is appropriate for this property. 3. There has not been a significant change in circumstances to the property or within the area of the property. 4. The type of residential development requested is incompatible with the adjacent commercial uses. 5. The property, as currently guided, provides a viable economic use of the property. 6. The applicant has presented no compelling reason to amend the Comprehensive Guide Land Use Plan. 7. The property is within the area that is being planned as a major diversified center and will be served and have improved access through the future ring road. BASED ON THE FOREGOING, the Council finds that the applicant has not met its burden of proof and that the application is hereby denied. Dated: , 1994. CITY OF EAGAN City Council ATTEST: E. J. VanOverbeke, Clerk Thomas A. Egan, Mayor Agenda Information Memo June 7, 1994 City Council Meeting RESOLUTION & FINDING OF FACTS /DENIAL OF COMP GUIDE AMENDMENT/ CENTEX HOMES H. Resolution and Finding of Facts, Denial of Comprehensive Guide Plan Amendment for 19.52 acres located south of Town Centre Drive and east of Yankee Place in the northeast quarter of Section 15 /Centex Homes - -The City Attorney's office has prepared the resolution and finding of facts for the denial of the comprehensive guidepan amen rrint for the Centex Homes proposal. The resolution is enclosed on pages 7 through ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution and finding of facts for the denial of the comprehensive guide plan amendment for 19.52 acres located south of Town Centre Drive and east of Yankee Place in the northeast quarter of Section 15 /Centex Homes. 37 THE CITY OF EAGAN RESOLUTION DENYING THE REQUEST BY CENTEX HOMES AND EAGAN HEIGHTS COMMERCIAL PARK FOR A COMPREHENSIVE GUIDE PLAN AMENDMENT CHANGING THE LAND USE DESIGNATION OF APPROXIMATELY 19.52 ACRES LOCATED SOUTH OF TOWN CENTER DRIVE AND EAST OF YANKEE PLACE IN THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 27, RANGE 23, FROM CPD (COMMERCIAL PLANNED DEVELOPMENT) TO D -3 (MIXED RESIDENTIAL). The Advisory Planning Commission of the City of Eagan held a public hearing on this matter on April 26, 1994. The Advisory Planning Commission recommended a denial of the amendment to the comprehensive guide plan. The application was heard by the Eagan City Council on May 3, 1994. At the May 3, 1994 meeting, the Council heard testimony from all interested parties and considered the matter in conjunction with all of the files, records and prior proceedings. BE IT RESOLVED, by the City Council of the City of Eagan, Dakota County, Minnesota, that the request by Centex Homes and Eagan Heights Commercial Park for an amendment to the Comprehensive Guide Plan changing the designation of approximately 19.52 acres from CPD (Commercial Planned Development) to D -3 (Mixed Residential) for property located south of Town Center Drive and east of Yankee Place and in the Northeast Quarter of Section 15, be denied based upon the following: 1. The applicant has the burden of persuasion to establish the basis for the Amendment to the Comprehensive Guide Land Use Plan. 2. The property is subject to the Eagan Heights Commercial Park Planned Development which was approved July 20, 1982 for a term of 10 years. Though the stated term of the Planned Development Agreement has expired, the Agreement remains in effect until action is taken by the City Council to change the use designation. The property is designated LB (Limited Business) in the Planned Development Agreement. 3. There has not been a substantial change in circumstances to the property or within the area of the property since the establishment of the Commercial Planned Development to warrant a change in designation. 4. The property is suitable for commercial use. 5. The development of the property as residential will increase the already heavy use of O'Leary Park. 6. LB use for the property within the Commercial Planned Development is more compatible to the single - family area to the south. 7. The land falls within the area indicated by the city's working policies and guidelines for a major diversified center, which requires more comprehensive area planning and design to insure the appropriate integration of residential development within a mixed use commercial area. BASED ON THE FOREGOING, the Council finds that the applicant has not met their burden of proof and that the application is hereby denied. Dated: , 1994. CITY OF EAGAN City Council ATTEST: E. J. VanOverbeke, Clerk Thomas A. Egan, Mayor Agenda Information Memo June 7, 1994 City Council Meeting RESOLUTION AND FINDING OF FACTS /DENIAL OF REZONING /MARELL, INC. I. Resolution and Findings of Facts, Denial of Rezoning of 30 acres from R -4 (Multiple) and A (Agricultural) to R -1 (Single Family), located south of Lone Oak Road and North of Highway 55 in the NE 1/4 of Sec. 12 /Mare11, Inc. - -The City Attorney's office has prepared the resolution and findings of facts for denial of the rezoning of 30.1 es in the VY 1/4 of Section 12 for Marell, Inc. The resolution is enclosed on pages through ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution and finding of facts for the denial of the rezoning of 30.1 acres in the NE 1/4 of Section 12 for Marell, Inc. LP THE CITY OF EAGAN RESOLUTION DENYING THE REQUEST OF MARELL, INC. FOR A REZONING OF 30.1 ACRES FROM R -4 (MULTIPLE) AND A (AGRICULTURAL) TO R -1 (SINGLE - FAMILY) FOR PROPERTIES LOCATED SOUTH OF LONE OAK ROAD AND NORTH OF HIGHWAY 55 IN THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 27, RANGE 23, (PID NOS. 10- 01200- 010 -01 AND 10- 01200 - 080 -02). The Advisory Planning Commission of the City of Eagan held a public hearing on this matter on March 22, 1994. The Advisory Planning Commission recommended a denial of the rezoning. The application was heard by the Eagan City Council on April 19, 1994 and May 23, 1994. At the meetings, the Council heard testimony from all interested parties and considered the matter in conjunction with all of the files, records and prior proceedings. BE IT RESOLVED, by the City Council of the City of Eagan, Dakota County, Minnesota, that the application of Marell, Inc. for a rezoning of 30.1 acres from R -4 (Multiple) and A (Agricultural) to R -1 (Single - Family) for properties located south of Lone Oak Road and north of Highway 55 in the Northeast Quarter of Section 12, Township 27, Range 23, (PID Nos. 10- 01200 - 010 -01 AND 10- 01200 - 080 -02) is hereby denied based upon the following: 1. The applicant has the burden of persuasion to establish the basis for the City Council to change the zoning. 2. The properties are currently zoned R -4 and Agricultural as shown on the attached map. 3. There has not been a significant change in circumstances which would justify a change in the zoning. 4. The current zoning allows for viable use of the property. 5. The city's park system has not been developed at this time to serve this area. The long range park plan includes no provision to provide a neighborhood park to this area. 6. There is not adequate access from Highway 55 at this time to serve the proposed development. 7. The negative impact of aircraft noise substantially affects the suitability of single family residential use on the properties. Single- family uses pose the most difficult circumstances in which to mitigate the aircraft noise. This area is in the the Metropolitan Council's designation of aircraft noise zone 4. ATTEST: 8. Single Family residential use is incompatible with the surrounding State Highway to the south and the designated Commercial Planned Development to the north. 9. Though the properties are presently designated as D -II, under the Comprehensive Guide Land Use Plan, the Council in expressing concerns over increased residential development in the area, has articulated a need to review and study the area to determine the appropriate land use classification. 10. Rezoning these properties to single family residential may have a rippling effect on the entire area and thereby expanding single - family use in the surrounding area which is inappropriate. 11. The topography and City's tree preservation policy deter the use of the properties as the proposed traditional and usual single - family residential use. BASED ON THE FOREGOING, the Council finds that the applicant has not met its burden of proof and that the application is hereby denied. Dated: , 1994. CITY OF EAGAN City Council E. J. VanOverbeke, Clerk Thomas A. Egan, Mayor Agenda Information Memo June 7, 1994 City Council Meeting RATIFICATION /DTED RESOLUTION /LULL ENGINEERING GRANT J. Ratification, DTED Resolution, Lull Engineering Grant- -The Minnesota Department of Trade & Economic Development has requested that the City Council indicate its support for the grant application or Lull E gj ering through a formal resolution. The resolution is enclosed on pages M through ACTION TO BE CONSIDERED ON THIS ITEM: To ratify the resolution supporting the grant application to the Department of Trade & Economic Development for Lull Engineering. L{3 CITY OF EAGAN Local Government Resolution (FP -23) Economic Development Program BE IT RESOLVED that the City of Eagan act as the legal sponsor for project(s) contained in the Business and Community Development Application to be submitted on May 20, 1994 and that the City Clerk is hereby authorized to apply to the Department of Trade and Economic Development for funding of this project on behalf of the City of Eagan. BE IT FURTHER RESOLVED that the City of Eagan has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the City of Eagan has not incurred any costs, has not entered into any written agreements to purchase property. BE IT FURTHER RESOLVED that the City of Eagan has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Eagan may enter into an agreement with the State of Minnesota for the above - referenced project(s), and that the City of Eagan certifies that it will comply with all applicable laws and regulations as stated in all contract agreements and described on the Compliances Section (FP -20) of the Business and Community Development Application. AS APPLICABLE, BE IT FURTHER RESOLVED that the City of Eagan has obtained credit information from Badger Bazen and Lull Engineering. Upon review by the City of Eagan, no adverse findings or concerns regarding, but not limited to, tax liens, judgements, court actions, and filings with state, federal and other regulatory agencies were identified. Failure to disclose any such adverse information could result in revocation or other legal action. NOW, THEREFORE BE IT RESOLVED that the Mayor and City Clerk are hereby authorized to execute such agreements as are necessary to implement the project(s) on behalf of the applicant. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, E.J: VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing 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. E.J. VanOverbeke, City Clerk Agenda Information Memo June 7, 1994 City Council Meeting APPROVAL /BONDS OF INDEMNITY K. Approval, Provide Standing Approval for First Trust to Process Bonds of Indemnity- - The City has received a letter from First Trust, asking for standing approval on bonds of indemnity which are required before lost bonds can be replaced. Currently, each bond of indemnity requires approval . whAch has resulted in an inefficient and length process. Enclosed on pagesta}? and l,k 6 is a copy of the letter explaining the process in more detail. The City Attorney and Finance Director have reviewed the letter and are recommending approval. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the standing approval for First Trust to process Bonds of Indemnity. L o e l First Trust First Trust Center PO. Box 64111 St. Paul, MN 55164 -0111 April 22, 1994 Mr. Thomas Hedges -City City of Eagan 3830 Pilot Knob Road Eagan MN 55122 Dear Obligor: PPR 2 6 First Trust National Association ( "First Trust ") acts as transfer agent or servicer for the transfer agent for City of Eagan bond issue(s). The indenture outlining the Trustee/Transfer Agent's responsibilities for the bond issue(s) requires us to obtain your approval on bonds of indemnity ( "BOIs ") issues prior to replacing lost bonds for your bondholders. A BOI is a surety bond issued by a surety company on behalf of a bondholder when the bondholder requires replacement of his/her bond due to its loss, destruction, or theft. The bondholder pays a fee to the surety company for this service. The procedure we currently follow is to obtain your approval for each BOI processed. We would like to take a different approach to this process in order to provide bondholders with a more timely service. We are therefore requesting from you standing approval to enable us to process future BOIs without your specific approval if the BOI melts the criteria described below. A standing approval would enable us to proceed with the replacement of bonds and ultimately complete pending transfers and payments more quickly. First Trust currently verifies that all BOI forms are completed and are in compliance with applicable legal requirements prior to proceeding with the replacement of any bond. We verify that the correct obligees are listed, ensure the correct number of counterparts are attached, and that the forms are notarized. We also verify that the appropriate legal documents are attached for unique circumstances such as the death of the bondholder. Pursuant to an obligor's standing approval, we will accept only BOls issued by surety companies with a Best rating of "A" or better, and we will require each such BOI to be in an open penalty amount, or if applicable, in the amount required by statute. BOIs which do not meet this criteria will be rejected, or if deemed acceptable to First Trust, will be forwarded to you for your approval. If a bond which has been replaced pursuant to a BOI is later presented for payment or transfer, First Trust will follow standard adverse claim procedures and will collect on the BOI if necessary to satisfy any obligation arising from the double claims of the lost bond and the replacement bond. Member First Bank System 4� Mr. Thomas Hedges -City April 22, 1994 Page Two Please sign the enclosed copy of this letter and return it to me in the enclosed envelope to indicate your grant of standing approval of BOI processing by First Trust. The letter copy with your. signature will be kept on file as our authorization to complete the BOI/replacement process. If you have any questions or concerns regarding this matter, please contact me at (612) 244 -1040. Sincerely Janet M. Allen Customer Service Manager Corporate Trust Operations APPROVED: City of Eagan Mr. Thomas Hedges -City Authorized Signer By: Its: Enclosures Corporate Trust Association First Trust National Association Agenda Information Memo June 7, 1994 City Council Meeting MASSAGE THERAPIST LICENSE /LACESON TOWN /KOKOMO TAN L. License, Massage Therapist, Laceson Town, Kokomo Tan, Cliff Lake Center -- Enclosed without page number is a copy of an application received of Laceson Town for a massage therapist license to practice at the Kokomo Tan location at Cliff Lake Center. Also enclosed without page number is a copy of the Police Department report relative to this application. The report identifies no reason to deny the application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a massage therapist license for Laceson Town to perform therapeutic massage at Kokomo Tan in Cliff Lake Center. g1 Fees: $200 investigation (non - refundable) S 50 license This form must be filled out by typewriter or by printing in ink by the sole owner, the individual seeking a massage therapist license. TRUE NAME: c:c t / ! - First Full Middle Maiden /last RESIDENCE ADDRESS: / 5 7 I f 1 - v I r---L, RESIDENCE PHONE: BUSINESS NAME: BUSINESS ADDRESS: Street City State /Zip l� S BUSINESS PHONE: : k (f Street 1. Is the applicant licensed in any other community? Yes No 7. If yes, where: 2. Has the applicant been denied a massage therapist license by any licensing authority? Yes No If yes, describe: 3. Each applicant for a massage therapist license shall furnish, with the application, the following: a. A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association; or b. A diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting association or agency, or is licensed by the state or local government agency having jurisdiction over the school. c. A medical certificate from licensed physician, declaring applicant has no communicable disease. Each applicant shall also furnish proof at the time of application, of a minimum of 100 hours of successfully completed course work in the following areas: a. The theory and practice of massage, including, but not limited to, Swedish, Esalen, Shiatsu, and /or Foot Reflexology techniques; and b. Anatomy, including, but not limited to, skeletal and muscular structure and organ placement; and c. Hygiene. Front and side view photographs must he provided. CITY OF EAGAN APPLICATION FOR MASSAGE THERAPIST LICENSE 4. If you have ever used or been known by a name or names other than the true name given above, list such name(s) and information concerning dates and places used. 5. Address(es) at which you have lived during preceding five years. (Begin with present or most recent address.) No. & Street 1 A it\'l.t i F ,.. . — City & State 6. Occupation history for preceding five years. (begin with present or most recent.) AL' (, j!l o City Dates 1 Attach photo. DOB: / /S/ / \l/ /1 1l./ S 5 7 ') State/Zip Occupation �l t - Address 1 i L t City/State /Zip Occupation Employer or Name of Business 19 to 19 Address City/State /Zip Length of Employment Occupation Employer or Name of Business 19 to 19 Address City /State /Zip *Attach additional sheets if necessary 7. Have you ever been convicted of any felony, crime or violation of any ordinance, other than traffic? Yes No /`. If yes, give information as to the time, place and offense for which convictions were had: 8. List the names, residences, and business addresses of three people, (prefer residents of Dakota County) of good moral character, not related to the applicant or financially interested in the premises or business, who may he contacted as to the applicant's character: n Name ��. 'v l r' t' Phone (i - � 1 Address � 3 /G J. j r c < • , / Al Business Address Name Phone (✓' ,S .- / Address n 'c; P� 4.L i / L( 41 i�A! Business Address Name 7)0 C Z-- , , Address I I fr■ o, C T� L_ Date: t y l ' c 7' Subscribed and sworn to before me this day of , 19_. Notary Public (seal) „- l i 1 . Employer or Name of Business S i j ._. ' i t- I k i 19 ': to 19 t- • Length of Employment - /S 7 Phone c, t, h / L t / . l j / _ 1 1 Business Address Signature of Applicant Length of Employment city of ecigcin DATE: May 18, 1994 TO: Sergeant Jim McDonald FROM: Investigator John Stevenson SUBJECT: MASSAGE THERAPIST LICENSE I. Introduction II. Background Checks III. Summary and Conclusion Equal Opportunity /Afflrmative Action Employer police department PATRICK GEAGAN Chief of Police RICHARD SWANSON Captain Administration & Investigation JAMES SEWALD Captain Patrol 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN, MINNESOTA 55122 -1897 Mayor PHONE: (612) 681 -4700 TDD: (612) 454 -8535 PATRICIA AWADA FAX: (612) 681 -4738 SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrator E. J. VAN OVERBEKE City Clerk I have conducted a background investigation for an application for massage therapist license on a Laceson Brett Town, 5/15/59. Mr. Town has made application to conduct massage therapy at Kokomo Tan located at the Cliff Lake Center in Eagan. Criminal history checks were run with Minneapolis and St. Paul Police Department as well as the B.C.A. and N.C.I.C. In addition, a driver's license check as well as a local check was run. All computer checks came back clear. I contacted the Minneapolis School of Massage Inc. located at 220 Lowry Ave N.E. in Minneapolis. Minneapolis School of Massage is an accredited massage therapy educational institution. It did verify the transcript that was submitted by Mr. Town and stated that he was an excellent student. I did speak to one of the references, Dave LeRoux, who is a resident of Eagan. Mr. LeRoux told me that he has known Lace Town for approximately five (5) years and considers him to be a very responsible person. He stated that he was aware that Mr. Town's avocation was massage therapy, but that he doesn't know much about that business. A review of the application shows that all proper documents have been submitted with this application. I did observe that no photograph was submitted and that the applicant was requested to submit a photograph before this license is issued. THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Laceson Town May 18, 1994 Page 2 III. Summary and Conclusion Based upon the above information, I find no reason to deny a license for a massage therapist to Laceson Town. JS /km Agenda Information Memo June 7, 1994, City Council Meeting RECEIVE BIDS /AWARD CONTRACT (WILDERNESS RUN 1ST -4TH ADDNS - STREET REHABILITATION M. Contract 94 -06, Receive Bids /Award Contract (Wilderness Run lst-4th Additions - Street Rehabilitation) - -At 10:30 a.m. on Friday, May 27, formal bids were received fo the rehabilitation of streets under the above - referenced contract. Enclosed on page / is a summary tabulation of the bids received with a comparison of the low bid to the estimate contained in the feasibility report presented at the public hearing held on February 15, 1994. All bids are being reviewed for accuracy and compliance with the bid specification documents and any errors or corrections will be identified prior to or at the Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 94 -06 (Wilderness Run lst-4th Additions - Street Rehabilitation) and award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. 5-0 city of eagan WILDERNESS RUN STREET REHABILITATION PROJECT #660 CONTRACT #94 -06 BID DATE: FRIDAY, MAY 26, 1994 BID TIME: 11:00 A.M. CONTRACTORS TOTAL BASE BID 1. McNamara Contracting $ 424,370.25 2. Northwest Asphalt, Inc. 469,688.65 3. Valley Paving 482,654.75 4. Bituminous Roadways, Inc. 483,117.75 LOW BID $ 424,370.25 Feasibility Report Estimate $ 647,000.00 % Over ( +) Under ( -) - 34.40% Engineer's Estimate 627,483.00 % Over ( +) Under ( -) - 32.36% 5( Agenda Information Memo June 7, 1994, City Council Meeting REVISE PENDING ASSMT ROLL /ORDER FINAL ASSMT HEARING (WILDERNESS RUN 1ST -4TH ADDNS - STREET REHABILITATION N. Project 660, Revise Pending Assessment Roll /Order Final Assessment Hearing (Wilderness Run lst-4th Additions - Street Rehabilitation) - On February 15, the City Council closed the public hearing and approved the above - referenced project including a pending assessment roll. The City Council directed staff to prepare appraisals on representative sample properties within the project area to determine the estimated increase in market value and related financial benefit associated with this project. Two independent certified appraisers were retained through the City Attorney's Office to personally evaluate 9 representative properties combined (5 %). As a result of this appraisal process, the City Attorney's Office is recommending that the pending assessment roll for Project 660, Wilderness Run lst-4th Additions - Street Rehabilitation) be revised to reflect a maximum assessme of $2,500 per single - family residential lot equivalent. Enclosed on pages and S. is a notice that was sent to all property owners informing them of the result of this appraisal process and Council's consideration of awarding the contract on June 7. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the completion of the property appraisal process and authorize the revision of the pending assessment roll for Project 660 (Wilderness Run lst-4th Additions, Street Rehabilitation) to reflect a maximum assessment of $2,500 per single - family residential lot equivalent. 5 .), MUNICIPAL CENTER 3830 PILOT KNOB ROAD EAGAN. MINNESOTA 55122.1897 PHONE: (612)681.4600 FAX: (612)681-4612 TDD: (612) 454 -8535 city oFec May 19, 1994 RE: Project #660, Contract #94 -06 Wilderness Run 1st - 4th Additions - Street Rehabilitation Dear Property Owner: SCHEDULE ASSESSMENTS /FINANCING THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrator E. J. VAN OVERBEKE City Clerk On February 15, 1994, a public hearing was held to discuss the proposal to rehabilitate the streets within the Wilderness Run 1st, 2nd, 3rd and 4th Additions. As a result of that public hearing process, the City Council approved the project and authorized the preparation of detailed plans and specifications. They also directed staff to initiate an appraisal process to determine the maximum assessment limit for the benefits received from this public improvement. The Council directed staff to inform all affected property owners when formal consideration would be given to awarding the contract along with the results of this appraisal process. At a Council meeting beginning at 6:30 p.m. on Tuesday, June 7th, the City Council will formally receive the bids and consider awarding the contract to the apparent low bidder. Once the contract is awarded, it will take the contractor approximately two weeks to mobilize the work crews and begin work. After a pre - construction conference with the contractor, an informational flyer will be distributed informing residents of the schedule and staging of this project along with the names and telephone numbers of appropriate contact personnel. Two independent certified appraisers have completed a detailed analysis of 8 (5 %) representative properties to determine the increased property value resulting from this public improvement for a typical single family residence. After reviewing the results of these appraisals, the Council has determined that the assessments for street rehabilitation in the Wilderness Run 1st, 2nd, 3rd and 4th Additions should be reduced from the estimated $3,552 to $2,500 per single family lot. THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNRY Equal Oppor Action Employer .... MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN. MINNESOTA 55122 PHONE: (612) 681.4300 FAX: (612) 681.4360 TDD: (612) 454 -8535 Page Two May 19, 1994 While the original feasibility report presented at the February 15th public hearing estimated that assessments would finance approximately 69% of the project costs with the City contributing 31 %, based on the appraised assessment limit as mentioned previously, special assessments will now finance 48% with the City's contribution increasing to 52% which equals approximately $451,000 of the estimated $873,000 improvement cost. On June 7th, it is anticipated that the City Council will also formally revise the pending assessment roll to reflect the new appraised values. Also, it is anticipated that the City Council will then schedule the formal final assessment hearing to levy and certify these final assessment amounts for October 18, 1994. SUMMARY The City Council has taken significant efforts to ensure that the special assessments are fair and equitable while trying to manage the limited City funds available to finance the City's long -range capital improvement and maintenance programs. Your patience and understanding during this construction season will be most helpful to a successful project and will be greatly appreciated. If you have any questions regarding this project, please feel free to contact the Engineering Division at 681 -4646 and we will be happy to address your concerns. Sincerely, TAC /je r , .c.co ' f k t Thomas A. Colbert, P.E. Director of Public Works cc: Mayor and City Council Tom Hedges, City Administrator Mike Foertsch, Asst. City Eng. Deanna Kivi, Special Assmt. Clerk Jim Sheldon, City Attorney Agenda Information Memo June 7, 1994, City Council Meeting RECEIVE PETITION /AUTHORIZE FEAS. REPT. (VIOLET LANE - ST. AND UTIL. O. Project 674, Receive Petition /Authorize Feasibility Report (Violet Lane - Street and Utilities) - -The staff has received a petition from the developer of the Villas of Violet Lane development requesting the City to install utilities and street improvements to service this development. The petitioner, DLJ and Associates, has guaranteed the cost of this report if, for some reason, the project is not approved at the time of the public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and authorize the preparation of the feasibility report for Project 674 (Violet Lane - Streets and Utilities). RECEIVE BIDS /AWARD CONTACT (DODD ROAD - STS & TRAILS) P. Contract 94 -05, Receive Bids /Award Contract (Dodd Road - Streets & Trails) - -At 10:30 a.m. on May 27, bids were received for the final phase construction of Dodd Road between Diffley and Cliff Ro las including the installation of 8' bituminous trailways on both sides. Enclosed on page 4" is a summary tabulation of the bids received with a comparison of the low bid to the estimate contained in the feasibility report presented at the public hearing held on February 28, 1994. All bids are being reviewed for accuracy and compliance with the bid specification documents and any errors or corrections will be identified prior to or at the Council meeting. At the time of preparation of this information, the City had not received written notification of Municipal State Aid approval. State Aid allows contracts to be awarded subject to their written approval. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 94 - (Dodd Road - Street & Trails), award the contract to the lowest responsible bidder, and authorize the Mayor and City Clerk to execute all related documents, subject to written State Aid approval. SS city of eagan CONTRACTORS 1. McNamara Contracting, Inc. 2. Valley Paving, Inc. 3. Bituminous Roadways LOW BID Feasibility Report Estimate % Over ( +) Under ( -) Engineer's Estimate % Over ( +) Under ( -) DODD ROAD PHASE II CONSTRUCTION PROJECT #659 CONTRACT #94 -05 BID DATE: FRIDAY, MAY 27, 1994 BID TIME: 10:00 A.M. TOTAL BASE BID $ 716,739.75 722,030.15 724,150.00 $ 716,739.75 $ 626,153.00 + 14.46% 791,120.00 - 09.40% Agenda Information Memo June 7, 1994, City Council Meeting PROJECT 661R - RECEIVE REVISED FEAS. REPTS. /ORDER PUBLIC HEARING (SIBLEY TERMINAL INDUSTRIAL PARK - ST. REHAB) Q. Project 661R, Receive Revised Feasibility Report /Order Public Hearing (Sibley Terminal Industrial Park - Street Rehabilitation) - -On April 19th, the City Council held the public hearing to discuss the proposed improvements of rehabilitating the streets within the Sibley Terminal Industrial Park. As a result of that public hearing, the scope of the project was reduced to that portion of Yankee Doodle Road only from T.H. 13 to Terminal Drive and the staff was directed to prepare a revised feasibility report accordingly. On May 18th, the City Council held a special meeting /workshop to review various alternatives for financing this reduced project. They directed the Public Works Committee to review the options with the affected property owners and to recommend an alternative that would address the needs of the reconstruction /rehabilitation C.I.P. as well as an equitable method of financing the proposed improvements. On June 2nd, t Public Works Committee met with the affected property owners. Enclosed on pages through G � is a summary of the results of that Public Works Committee meeting and their recommendation. If this recommendation is favorably received, it would be appropriate for the Council to formally acknowledge the receipt of a revised feasibility report and schedule a public hearing to formally present this information to the affected property owners. If this project is to be completed during the 1994 construction season, July 5th is about the latest a public hearing can be held. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the Revised Feasibility Report for Project 661R (Sibley Terminal Industrial Park - Street Rehabilitation) and schedule a public hearing to be held on July 5, 1994. PUBLIC WORKS COMMITTEE MEETING JUNE 2, 1994 SUMMARY At 3:00 p.m. on Thursday, June 2, the Public Works Committee consisting of Council Member Ted Wachter (Chair) and Council Member Shawn Hunter (Alternate for Mayor Egan) held a Public Works Committee meeting in the Council Chambers of the Municipal Center. Also in attendance were Public Works Director Colbert, City Attorney Sheldon, Assistant City Engineer Foertsch, Superintendent of Streets /Equipment Erhart and Superintendent of Utilities Schwanz. PROJECT 661R, SIBLEY TERMINAL INDUSTRIAL PARK (STREET REHABILITATION) Nine property owners were in attendance as represented by the attached sign -in sheet. This item was introduced by Public Works Director Colbert who summarized the process to date and distributed assessment rates and proposed assessment rolls for the four different options proposed by the City Council at its workshop session of May 24th. Two letters from property owners were also distributed and put into the record. One was from Dunn & Bradstreet indicating their preference for Option 3 and concurrence with Option 2 if others had that preference. The second letter was from Diesel Service Company on Terminal Drive indicating their objection to any assessment for the improvement of Yankee Doodle Road as their access is primarily through the Terminal Drive/T.H. 13 intersection. After distributing and explaining the various options, the property owners comments primarily pertained to their contention that the City of Eagan should be responsible for the full costs of any work due to the lack of maintenance performed over the past 24 year life of this street. In addition, they indicated that previous utility cuts and resulting patches accelerated the deterioration of the street. Several also stated that their experience with the roadway through past significant rain storms indicated there were no drainage problems and objected to the estimated cost of storm sewer facilities irregardless of whether the City or the property owners were financially responsible. Speaking on behalf of the group, Mr. Tim Herman (Aagard Services, Inc.) indicated their acknowledgment that the street needed to be repaired but that it should be the City's responsibility with no assessments to any of the businesses. The committee then presented the question of which assessment option the group would prefer if, for some reason, the City Council felt that the project had to proceed with some financial participation from the benefitted property owners. Their response was they would object with legal appeals to any proposed assessments irregardless of which Option was selected. The Public Works Committee then thanked the property owners for their input and assured them that it would be conveyed to the City Council. They then requested staff to provide additional information regarding the level of maintenance that has been performed in this area. The Public Works Director indicated that this information Page Two June 3, 1994 would be distributed to the Council as a part of the administrative packet on June 6th. At this time, the Public Works Committee did not provide a formal recommendation regarding this project but did identify Option 3 as appearing to be the most equitable if any assessments were to be levied as a part of this project. The Public Works Committee members along with Public Works Director Colbert and Superintendent Erhart toured the Sibley Terminal Industrial Park inspecting and evaluating the condition of Terminal Drive and Yankee Doodle Road. PROJECT #667 - CEDARVALE DRIVE (STREET RECONSTRUCTION) This next item was introduced by Committee Chair Wachter. Mr. Mark Parranto was the only representative of the area pertaining to this project. Mr. Parranto presented a plan and profile of a reduced scope of improvement to Cedarvale Drive from Rahn Road to Cedarvale parking lot. It basically consisted of a patch /repair with an overlay, a rolled bituminous curb along the south side only, continuous sheet cross drainage from south to north matching existing grades with no curbing and a cross drainage swale just west of Rahn Road. The new bituminous overlay would be approximately 1 1/2" thick. Mr. Parranto had previously submitted a draft of an association agreement between all affected property owners providing for cross easements and maintenance responsibilities. The City Attorney indicated that a review by that office should be deferred until an agreement has been reviewed and modified to the satisfaction of all property owners. He noted that the agreement lacked an enforcement and dispute resolution process should any of the property owners disagree with the future condition or level of maintenance being performed. The Public Works Committee responded that they felt comfortable with the process of vacating this public street and allowing it to be maintained by the adjacent interested property owners. In regards to the costs incurred to date (approximately $7,500 for consulting engineer and legal plus $1,200 for City staff), the Public Works Committee suggested that maybe the City could absorb these costs in consideration of being relieved of future maintenance responsibilities with this public street tumback /vacation. In response to Mr. Parranto's request to perform minimal patching until the legal paperwork and vacation process can be completed, the Public Works Committee felt uncomfortable with the liability of allowing private maintenance on public streets and directed the Public Works Maintenance Division to perform some minimal maintenance until such time as the street can be vacated and the proposed improvements completed by the property owners (approximately three months). Page Three June 3, 1994 The City Attorney provided an oral update on the status of the legal issues raised by Sven Borgersen (1529 McCarthy Road) regarding easements and assessments associated with acquisition of tax forfeit property. The preliminary opinion indicated that the concerns raised should not have an affect on the proposed project. The City Attorney will provide a written response to Mr. Borgersen and forward the engineering concerns to the Public Works Director for further research and response as well. The committee members then took a tour of the neighborhood streets with Public Works Director Colbert and Superintendent of Streets Erhart to review the condition of the streets and the proposed realignment of McCarthy Road as it approaches Highway 13. A brief explanation as to how pavement conditions were rated and evaluated in the field was provided by Superintendent Erhart. Upon completion of the tour, there was a consensus that the streets were near the end of their life cycle and were beyond the ability to be maintained through routine maintenance and required reconstruction to provide any reasonable life expectancy. In regards to the proposed realignment of McCarthy Road as it approaches Trunk Highway 13, it was not felt that this was necessary if there was strong opposition to it from the neighborhood. SUMMARY The meeting was then adjourned back at City Hall at approximately 6:00 p.m. Respectfully submitted, Thomas A. Colbert Attachment- Sign -in sheet TAC /je PROJECT #643, TIMBERLINE ADDITION (STREET REHABILITATION) c, 0 4 Skiiitt„ ,SLR #C/AL Ad, ke levAe4 G f DoT e„,/ too/us- 6244.r-b- Pt) 4p VA«)rl17/I4T -p r ..- E J Thu 4R6.4Ra Qom,,, 2 LCAVA4C.-- / I ,e/ ee f1 'N A//2 PU T'C fr Agenda Information Memo June 7, 1994 City Council Meeting PROJ. 673, RECEIVE FEAS. REPT /ORDER PUBLIC HEARING (T.H. 3 /SCHOOL ROAD -STS. & UTIL.) R Project 673, Receive Feasibility Report /Order Public Hearing (T.H. 3 /School Road - Streets and Utilities - -In response to a petition received from I.S.D. 196 and the Developer of the Pines Edge Addition, the City Council authorized the preparation of a feasibility report for the installation of streets and utilities to service both the new elementary school and Pines Edge development located east of Highway 3 and south of the Weston Hills development. This feasibility report has now been completed and a copy is being forwarded under separate cover to the Council for their consideration of scheduling a public hearing to formally present and discuss these proposed improvements and related assessments on benefitted properties. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 673 (T.H. 3 /School Road - Streets and Utilities) and order a public hearing to be held on July 5, 1994. PROJ. 656. RECEIVE FEAS. REPT /ORDER PUBLIC HEARING (CEDARVALE ACCESS IMP. - SILVER BELL RD. & T.H. 13) S. Project 656, Receive Feasibility Report /Order Public Hearing (Cedarvale Access Improvements - Silver Bell Road and T.H. 13) - -In response to a petition and a $4,000 donation from several businesses in the Cedarvale Shopping District, the Council authorized the preparation of a feasibility report to address transportation access improvements to the general Cedarvale Shopping Center area. Several informational neighborhood meetings have been held with interested businesses to present various alternates. In addition, the City Council held special workshops to discuss various revenue options to finance this project. As a result of this process, the feasibility report has now been completed and will be forwarded to the City Council as a part of the administrative packet for their consideration of scheduling a public hearing to formally present and discuss the proposed improvements and related assessments to benefitted properties. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 656 (Cedarvale Access Improvements - Silver Bell Road and T.H. 13) and schedule a public hearing to be held on July 5, 1994. Q0 2- Agenda Information Memo June 7, 1994 City Council Meeting PRO.T. 672. APPROVE RESOLUTION /AGREEMENT - FINANCIAL PARTICIPATION (T.H. 3 & CLIFF RD.- SIGNALIZATION) T. Project 672, Approve Resolution /Agreement - Financial Participation (T.H. 3 and Cliff Road - Signalization)- -This project provides for roadway improvements and signalization at the intersection of County Road 32 (Cliff Road) and T.H. 3. The Soo Line Railroad parallels the east side of T.H. 3. Subsequently, with any signalization of this Trunk Highway /County Road, an interconnect crossing signal will have to be installed at the railroad crossing of Cliff Road east of T.H. 3. This railroad crossing signalization is eligible for 80% Federal participation with the remaining 20% being split equally between Dakota County and the City of Eagan. The City's 10% share is estimated at $11,208.90. In order for this work to progress, it is necessary for the City to enter into an gre ent with the Soo Line Railroad Company and MnDOT. Enclosed on page is a Resolution for Council's consideration authorizing the Mayor and City Clerk to execute the Agreement on behalf of the City of Eagan. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a Resolution /Agreement for financial participation with the Soo Line Railroad and MnDOT for Project 672 (T.H. 3 and Cliff Road - Signalization) and authorize the Mayor and City Clerk to execute all related documents. («e5 CITY OF EAGAN RESOLUTION BE IT RESOLVED, that the City of Eagan enter into an agreement with Soo Line Railroad Company and the Commissioner of Transportation for the installation and maintenance of railroad crossing signals at the intersection of Cliff Road (CSAH 32) with the tracks of Soo Line Railroad Company in Eagan, Minnesota, and appointing the Commissioner of Transportation agent for the City to supervise said project and administer available Federal Funds in accordance with Minnesota Statute, Section 161.36. The City's share of the cost shall be 10 percent of the total signal cost. BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby authorized to execute said agreement for and on behalf of the City. Motion Made By: Seconded By: Those in Favor: Those Against: Dated: June 7, 1994 State of Minnesota County of Dakota City of Eagan E.J. VanOverbeke, City Clerk Attest: CERTIFICATION ce cf CITY OF EAGAN CITY COUNCIL By: Mayor City Clerk 1 hereby certify that the foregoing Resolution is a true and correct copy of the Resolution presented to and adopted by the City of Eagan at a duly authorized meeting thereof held on the 7th day of June, 1994, as shown by the minutes of said meeting in my possession. Agenda Information Memo June 7, 1994 City Council Meeting ORDINANCE /COMMUNITY INVESTMENT FUN AND OPERATIONAL POLICY U. Ordinance Community Investment Fund Ordinance and Operational Policy - -At the February 15, 1994 City Council meeting, staff was directed to prepare and amendment to the Community Investment Fund Ordinance. The amendment was to r tain the ordinances while making a provision for the creation of a City policy. On page (4 and 4? is a copy of the proposed new ordinance in legislative update style. Since the changes are so significantnd appear to be confusing, a clean copy of the new ordinance is provided on pages (o and ' . Finally, the referenced policy is enclosed on page 70 . The revised ordinance and policy include general parameters on how the money may be used, however, more flexibility is incorporated. There is no longer any restriction on using either the principal or the interest earnings. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the revised community investment fun ordinance and operational policy. (0( thN0.0) 'Ai "� r `l= .. le' �,� ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TWO ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY AMENDING SECTION 2.79 REGARDING COMMUNITY INVESTMENT FUND; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 2.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Two is hereby amended by adding Section 2.79, to read as follows: SEC. 2.79. COMMUNITY INVESTMENT FUND. Subd. 1. Fund Created. There is hereby created a separate fund to be designated as the Community Investment Fund. This fund shall be maintained in the official City records and administered by the Finance Director in accordance with the provisions of this section and City policy as determined by the City Council. In addition, The following shall be deposited in this fund: gL All surolus moneys in the Consolidated Debt Service Bond Fund which remain after costs of each #morovement have been fullv funded. and which are not transferred to another separate improvement fund. -A,L All collections of special assessments and taxes levied for the payment of the costs of an improvement which are received after the improvement costs have been fully funded. ALSr_f_ Investment earnings generated by the moneys in the Community Investment Fund. .44, Any other moneys appropriated by the City Council or donated for the purpose of the fund.e (Qcp Subd. 2. Purpose of the Fund. This fund shall be used solely to pay the capital costs and limited -- Council designated start-up operational costs of projects of general benefit to the City of Eagan. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation" and Section 2.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: ORDINANCE NO. 2ND BERIEB AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TWO ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY AMENDING SECTION 2.79 REGARDING COMMUNITY INVESTMENT FUND; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 2.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Two is hereby amended by adding Section 2.79, to read as follows: SEC. 2.79. COMMUNITY INVESTMENT FUND. Subd. 1. Fund Created. There is hereby created a separate fund designated as the Community Investment Fund. This fund shall be maintained in the official City records and administered by the Finance Director in accordance with the provisions of this section and City policy as determined by the City Council. The following shall be deposited in this fund: A. All surplus moneys in the Consolidated Debt Service Bond Fund which remain after costs of each improvement have been fully funded, and which are not transferred to another separate improvement fund. B. All collections of special assessments and taxes levied for the payment of the costs of an improvement which are received after the improvement costs have been fully funded. C. Investment earnings generated by the moneys in the Community Investment Fund. D. Any other moneys appropriated by the City Council or donated for the purpose of the fund. Subd. 2. Purpose of the Fund. This fund shall be used solely to pay the capital costs and Council designated start up operational costs of projects of general benefit to the City of Eagan. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 2.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Administration 0\ ` COMMUNITY INVESTMENT FUND OPERATIONAL POLICY The Community Investment Fund has been created by the City Council to account for assets remaining in special assessment improvement bond funds upon repayment of all bonds. The fund is to be used solely to pay the capital costs and limited start-up and operational costs of projects of general benefit to the City. Accounting for the fund shall be consistent with all other funds as determined by State Law, the Eagan City Code and all regulatory bodies having jurisdiction. Funding Preference The City Council has established a funding priority system based on projects defined as having both a current and future desirability. Projects which have the greatest potential of general benefit to the Community will be given the highest priority. Projects which have no alternative funding sources and projects which have revenue producing potential will also be given higher priorities. Funding Procedures The City Council shall consider the following general parameters when determining projects to be funded: 1. The project has sufficient community -wide benefit as determined by a review of its intended users, the degree to which it addresses a community -wide need or problem, and its consistency with other City goals, programs or policies. 2. The project to be funded would be unlikely to occur but for the use of the Community Investment Fund. 3. The Community Investment Fund is not replacing funding from another previously progranuned or available source. 4. The project has been included in at least two consecutive formally - approved capital improvement programs. S. An estimate of the ongoing annual operating and maintenance costs has been made and the source(s) for paying such costs identified. Agenda Information Memo June 7, 1994 City Council Meeting ORDINANCE AMENDMENT /CHAPTER 11 /LAND USE REGULATIONS V. Ordinance Amendment to Chapter 11, Land Use Regulations (Zoning) by adding Section 11.04, Interim Use: Study Area and by Ad ti ng by Reference Eagan City Code Chapter 1 and Section 11.99 -- Enclosed on pages hrough is a copy of the proposed ordinance referenced above. The purpose of the ordinance is to propose a moratorium on building permits, rezoning, platting, etc. of the approximately 105 acres of land lyi tween a Oak Road, T.H. 55 and Inver Grove Heights. Also enclosed on pages through is a copy of a letter received from Douglas M. DeCoster, regarding the prop sed moratorium. ACTION TO BE CONSIDERED ON THIS ITEM: To approve an ordinance amendment to Chapter 11, Land Use Regulations (Zoning) by adding Section 11.04, Interim Use: Study Area and by adopting by reference Eagan City Code Chapter 1 and Section 11.99. ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY ADDING SECTION 11.04 ENTITLED "INTERIM USE: STUDY AREA "; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 11 is hereby amended by adding Sec. 11.04, to read as follows: Section 11.04. Interim Use: Study Area A. On May 23, 1994, the Eagan City Council directed a study to be conducted for the purpose of considering (i) an amendment to the Eagan Comprehensive Guide Land Use Plan; and /or (ii) the rezoning of the approximately 105 acres of land lying between Lone Oak Road, Trunk Highway 55 and Inver Grove Heights (the "Property "). B. This interim ordinance is adopted and is applicable to the Property for the purpose of protecting the planning process and the health, safety and welfare of the citizens. C. Commencing on the effective date of this ordinance and ending on May 23, 1995, or such sooner time as the City Council may determine, the Property shall be subject to the following: (i) no building permit for the construction, reconstruction or alteration of any structure shall be issued except for permits for the necessary repair of existing buildings as determined by the City Council. (ii) no proposal for rezoning or comprehensive plan amendment shall be approved by the Planning Commission or the City Council. (iii) no portion of the Property shall be replatted or subdivided except for the purpose of consolidation of parcels of land into single ownership. �a� (iv) no permit or license shall be granted for the installation of utility services, the construction of public utilities, the grading or excavation of land or the extraction of minerals. (v) no conditional use permit or variance shall be approved by the Planning Commission or the City Council. D. The termination date of this ordinance may be extended for such additional periods as the City Council may deem appropriate not exceeding a total additional period of 18 months. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 3 Industrial & Commercial Real Estate DECOSTER COMPANY REALTORS W -955 FIRST NATIONAL BANK BUILDING 332 MINNESOTA STREET ST. PAUL, MINNESOTA 55101 May 24, 1994 Mayor Thomas Egan and the Eagan City Council Chairman Ronald Voracek and the Eagan Advisory Planning Commission c/o Kristy Marnin Eagan Municipal Center 3830 Pilot Knob Road Eagan, MN 55122 Ladies and Gentlemen: We just received last Friday, a notice that the City Council plans to adopt an interim ordinance or moratorium at one of its June meetings on our property at Lone Oak Road and State Highway 55 and to assure its timely adoption, our public hearing before the Planning Commission this evening is to be continued until the June hearing of the Planning Commission. We understand that the proposed moratorium is scheduled for one year. We hereby express our opposition to this moratorium as regards at least a portion of our property. Please find enclosed a small concept sketch of our property which shows a new public roadway extending from the south interchange of Highway 149 and Highway 52 -55 up to Lone Oak Road. At the time of the Highway 52 -55 upgrade we exchanged some highway access along the north side of Highway 52 -55 for the right to tie into the interchange with the new road. This roadway will undoubtedly have some public use other than as access to our property; i.e.► a short cut from the south into Cray, Northwest Airlines and the other light industrial property. Both Mndot and the City appeared interested in the roadway but we didn't receive any offers of help from either to pay for the turning lanes on Lone Oak and Highway 52 -55 and the upgrade of the semaphore at the interchange. We estimate this cost at about 5135,000 in addition to the cost of the roadway. In order to help pay for these costs we have had to get buyers who can afford to pay a premium for such access. We have had a signed agreement with Superamerica for about six months in the northeast corner of the interchange and are presently negotiating a contract with McDonalds in the northwest corner. Superamerica recently extended their contract for 90 days to provide time for Eagan's comprehensive study of commercial land and develop- ment, but a year moratorium is another matter. We feel that '"? PHONE (612) 224 -5379 Mayor Thomas Egan et al - 2 - May 24, 1994 we have the two best operators in the fast food and convenience gas businesses and we would probably be "dead in the water" if we lost them. Please refer to the enclosed sketch on which Mr. Gair, our planner, has marked the area proposed for retail - service business. This area contains about 10.5 gross acres and is triangular in shape. The balance of the property contains about 7.5 gross acres and extends south- easterly along the highway. We believe that several service building sites lying southeasterly of Superamerica would be marketable but we realize that this portion of the property, "the southeast leg ", is probably more contro- versial as to land uses. We feel that the only practical use of the corner triangle is for service - retail use. Over the years we have owned this property (since 1969) we have talked to many medium and high- density housing developers, especially regarding the "southeast leg ". This last winter we dis- cussed this easterly property for townhouses with both Mary Anderson Homes and Rottlund, and both, after considera- tion, came up with too much traffic. There is a relatively high percentage of truck traffic on Highway 52 -55. One other possible use of the triangle would be for R and D or light industrial use but only if access to the property could be limited to Lone Oak Road. This would eliminate the high cost public roadway and the expensive improvements to Highway 55 and Lone Oak Road, and the subsequent need for our high access commercial users. If the Council and Planning Commission agree with us that the new road should be constructed and that the only reasonable use of the triangle thereafter is for neighbor- hood retail use, we would request that the moratorium not be extended to include this corner triangle. This should insure that we can keep our two prospects. Enclosure Thanks for your consideration. Very truly yours, "17 &erg -- Dou las M. DeCoster Agenda Information Memo June 7, 1994 City Council Meeting REVISED RFP /LEXINGTON MEADOWS SUBDIVISION W. Autho tion, Request for Proposal, Sale of Lexington Meadows Subdivision -- Enclosed on pages through is a revised Request for Proposals for the sale of the Lexington Meadows ubdivision. C nsistent with the Council's direction, staff has proceeded with grading of the site to prepare the parcel for sale as finished lots. That work is being done at this time and it should be completed in time for an award of sale in early July. The following changes from the previous RFP should be noted: 1) The proposal contents have been streamlined to minimize the paperwork necessary to submit a bid. Essentially, it asks for background on the proposer, the bid price and proposed terms of sale, references and an earnest money check. 2) To encourage competition and minimize duplication of effort on the part of the City, the RFP provides an alternative for proposers to bid on individual lots rather than the whole parcel. The RFP does indicate that if an acceptable fair market bid for the entire parcel is received, that is the City's preference. If not, fair market bids for individual lots will be considered. 3) The original minimum bid was based on comparable finished lot prices. As such, the graded lots now available will more likely draw bids in a comparable range than the ungraded property when the RFP was originally distributed. Therefore, no minimum bid is indicated in the revised proposal. Staff estimates for comparable lot prices range from $30,000 - $33,000, fully improved with utilities. Proposals will be reviewed on the basis of this estimate. Staff continues to receive substantial interest in the subdivision, particularly if individual lots are available to homeowners or builders. As a consequence, it is unlikely we will have difficulty disposing of the property in one manner or another. If the individual lot sale approach is pursued and any lots remain unpurchased, the City may then enter into an agreement with a realtor to dispose of those lots as it would be less expensive for the City to carry them than for a private party to do so. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the RFP for the sale of the Lexington Meadows Subdivision and authorize distribution of the document to potential purchasers. REQUEST FOR PROPOSALS FOR LEXINGTON MEADOWS SUBDIVISION SURPLUS PUBLIC PROPERTY SALE PROPOSALS DUE: LOCATION: FOR THE CITY OF EAGAN i 8 4:30 P.M., JUNE 27, 1994 CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MN 55122 -1897 TABLE OF CONTENTS I. PURPOSE OF REQUEST 1 II. INSTRUCTIONS TO PROPOSERS 1 III. PROPOSAL CONTENTS 2 N. PROPERTY DESCRIPTION AND MINIMUM TERMS 4 V. SELECTION 5 VI. TERMS AND CONDITIONS 6 VII, PROPOSAL CONTEXT - GENERAL INFORMATION 7 VIII. BID FORM 9 IX APPLICANT ASSURANCES 10 1 I. PURPOSE OF THE REQUEST LEXINGTON MEADOWS SUBDIVISION/ SURPLUS PUBLIC PROPERTY SALE CITY OF EAGAN The City of Eagan is requesting purchase proposals from brokers, developers, builders and /or individuals for surplus public property located at the southeast intersection of Diffley Road and Daniel Drive, platted as eight lots, known as Lexington Meadows. Information concerning the City's needs is outlined in the following Request for Proposals. II. INSTRUCTIONS TO PROPOSERS A. 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 B. All proposals must be received no later than 4:30 p.m., Monday, June 27, 1994. Five (5) copies of the proposal must be presented. The copies shall be sealed and clearly identified with the project name and submittal deadline. C. In order to be considered a valid proposal, each proposal must meet the following requirements: a. Written proposals are the only valid form. Proposals received after 4:30 p.m., Monday, June 27, 1994, will be returned unopened. Verbal proposals will not be permitted. b. Each proposal must be signed by an officer of your company who can be held accountable for all representations. c. Each proposal must be accompanied by a certified earnest money check in the amount of five percent (5 %) of the proposer's bid. D. The proposal shall be limited to a maximum of ten pages, printed on one side. Additional material, other than that requested by the City, will be disregarded. fo E. The City will review the proposals and review the terms proposed. If differences among proposals prevent direct comparison, interviews may be scheduled for a short list of finalists. Selection of the proposer(s) is tentatively scheduled for the July 5, 1994 City Council meeting. F. Schedule for Sale of Lexington Meadows Council Approval of RFP 6/7/94 Publication of RFP 6/11 and 6/15/94 RFP's available 6/8/94 - 6/30/94 Proposers meeting (2:00 p.m.) 6/20/93 Last date for receipt of proposals (4:30 p.m.) 6/27/94 Interviews for selected proposers (If necessary) 6/29/94 Sale awarded by City Council 7/5/94 Closing 8/1/94 G. Proposers are prohibited from contacting any elected official for purposes of lobbying to secure this purchase. III. PROPOSAL CONTENTS A. Title Page Indicate the proposal title, the name of the proposer or the proposer's firm, local address, telephone number, contact person, and the date. If a combination of parties or firms is proposed, indicate the lead party or firm. B. Identification of Purchasers 1. The name of the person that would be responsible for the execution and closing of a purchase agreement with the City together with a description of such person's experience and qualifications. 2. The names of the other individuals or firms which would be party to this purchase together with descriptions of their experience and qualifications. 2 P I C. Purchaser's Proposed Terms of Agreement for Acquisition of the Lexington Meadows Property 1. The proposal shall address in detail the terms to be incorporated in the purchase agreement between the City and the purchaser. As an alternative, the proposer may submit a draft purchase agreement outlining all terms. 2. The proposal shall identify a specific time frame for the completion of each element of the purchase agreement as outlined above. D. Bid for Property(ies) On the form provided, list: 1. Total cash purchase price 2. Closing costs to be covered by purchaser 3. Closing costs to be covered by City E. List of References 1. A minimum of three references for property development projects including any public references. In the case of individuals, three credit references may be substituted. F. Assurances and Earnest Money 1. Proposer Authority - Assurance that the person signing the proposal and making representations in the proposal on behalf of the proposer has the authority to do so and to bind the proposer to a contract. 2. Earnest money in the form of a certified check in the amount of five percent (5 %) of the total proposed purchase price shall accompany the proposal. Checks of proposers not selected shall be returned within five days of the Council selection of a purchaser. If the selected purchaser fails to perform on the contract in the time frame identified in the proposal, the earnest money shall be retained by the City and the selection process will be reopened. 3 7 ) IV. PROPERTY DESCRIPTION AND TERMS OF SALE A. General Description of the Property The City of Eagan is requesting proposals from individuals or firms interested in acquiring approximately 3.47 acres of surplus public property located on the southeast side of the intersection of CSAH 30 (Diffley Road) and Daniel Drive in the NE 1/4 or Section 26. The property is zoned R -1 (Single Family) and appears on the City's Comprehensive Guide Plan as D -I (Low Density Residential). It is bordered on the east and south by developed single family residential subdivisions, on the north by school district property including an elementary, middle and high school and on the west by a small undeveloped retail commercial parcel. The property has been platted as the Lexington Meadows Addition, comprising eight (8) single family lots, all of which meet or exceed the City's minimum code requirements. The subdivision lies within walking distance of two community parks and one neighborhood park. This property was acquired by the City from HUD in 1989. It was required to be purchased with a larger parcel to the west that the City obtained for Community Park /Athletic Field purposes. Absent a public purpose for this portion of the property, the City Council has determined that this is surplus property and has directed its disposal at fair market value. Site grading according to the approved grading plan for the plat has been completed and sanitary sewer and water services have been installed on all eight lots. Where site grading was necessary, house pads have been provided. Where it was not necessary, pads were not installed for purposes of tree preservation. The successful proposer will be required to custom grade these lots in accordance with Term B.6. below. The property is deliverable fully platted and improved. All assessments for the property have been paid and it currently has no assessments pending against it. B. Minimum Terms of Sale 1. Price - The City is required by law to sell surplus public property at a fair market value. If, in the sole judgement of the Council, no bids at a fair market value are received, all bids will be rejected. 4 V. SELECTION 2. Whole Parcel /Individual Lots - The City prefers to sell the property in total. As an alternate, the bid form permits proposers to bid on individual lots. If no acceptable, fair market bid is received for the total parcel, the City may sell individually those lots for which fair market bids are received. All conditions and requirements set forth in the RFP apply to individual lots as well as. 3. Availability - All eight are available immediately. 4. Property Sold As Is - The property is being sold on a non - contingent basis in "as is" condition. 5. Property Taxes - Upon closing, the property will transfer from tax exempt public to taxable private property status. The purchaser shall be responsible for all taxes due and owing upon the property. 6. Grading and Lot Improvements - The City of Eagan has graded the parcel in accordance with the final plat. No activities of the purchaser shall alter the final grades or interfere with the drainageways established, without prior written permission by the City provided on the basis of an approved alternative grading and tree preservation plan. 7. Other Terms and Conditions - Other general terms and conditions of this request and for the sale of the property appear in Section VI below. C. Disclaimer - Although the information contained in this Request for Proposal is believed to be reliable, the City makes no guarantees as to its accuracy and offers all properties without expressed or implied warranty of any kind. A. The City reserves the right to reject any or all proposals, and is not bound to accept the highest bid if the qualifications of the proposer or the terms of the proposal are contrary to the best interests of the City. B. The proposals will be evaluated by a selection team. The team will rank the proposals and provide this information to the City Administrator. C. Selection of the proposal shall be based upon the following criteria: 1. Whether the bid covers the entire property or individual lots. 2. The proposer's bid price for the property. 5 3. The proposer's designation of responsibilities for closing costs. 4. The proposer's conformance with the minimum terms of sale. 5. The nature and extent of the proposer's additional terms of sale. 6. The proposer's demonstrated ability to close and develop properties in a timely and effective manner. D. If, for any reason, the proposals submitted cannot be evaluated sufficiently on their face to permit the award of sale, the City reserves the right to schedule interviews with the preferred proposers to review details of the proposals and discuss potential modifications of them in the City's best interests. VI. TERMS AND CONDITIONS A. The City reserves the right to cancel or amend the request for proposals at anytime. The City reserves the right to determine the successful proposal. The City reserves the right to reject any or all proposals. B. The City will not be liable for any costs incurred by the individual or firm in responding to this request. C. 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. D. A purchase agreement will be executed between the successful proposer and the City. The purchase agreement will be of a standard form and the successful individual or firm's proposal and the specifications of this request, including the Terms and Conditions set forth herein, will be incorporated in the agreement. E. The proposer shall pay the City for the property on the basis of the approved bid price and associated costs as set forth in the proposal. F. Prior to closing, the proposer 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. G. If, for any reason, the proposer selected is not able to close on the property on or before August 1, 1994, the City reserves the right to award the sale to the next most qualified proposer. 6 H. If, for any reason, the firm shall fail to fulfill in timely and proper manner the obligations under the purchase agreement, the City reserves the right to pursue its remedies under Minnesota Statutes including, but not limited to, termination of the agreement. I. No elected official or employee of the City who exercises any responsibilities in the review, approval or carrying out of the proposal or contract shall participate in any decision which affects his or her direct financial interest. VII. PROPOSAL CONTEXT - GENERAL INFORMATION A. City Organization The City of Eagan was incorporated in 1974 as a statutory, plan A city. It has a Council /Administrator form of government. The City provides a full array of municipal services including water, sewer, and street 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. 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 six City departments. They are Police, Fire, Public Works, Finance, Community Development, Parks and Recreation and Administration. BG 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 1994 City Staff Estimate 55,000 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. In anticipation of the growth the City has placed a priority on the adequacy and availability of all City services and facilities. In 1992, 643 single family homes were built in Eagan at an average building permit valuation of $138,086, excluding lot costs. At the same time, the average sold price of single family homes in Eagan was $138,386. C. Economic Overview The City of Eagan is a middle ring suburb which is roughly seventy 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 of about 30,000 people, Eagan has a virtually neutral employment ratio. 8 g1 (Proposer Name) Appendix A Bid Form Option 1. Total Bid for Lexington Meadows Subdivision Itemized Closing Costs /Responsible Party Option 2. Bids for Individual Lots Lot1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8 Itemized Closing Costs /Responsible Party i 8 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 execute the proposed purchase. 2. That earnest money in the form of a certified check in the amount of which is equal to five percent (5 %) of the proposed purchase price is attached. (Name of Firm) (Authorized Signature) (Title) (Date) Appendix B Applicant Assurances 10 OFFICIAL ADDRESS Agenda Information Memo June 7, 1994, City Council Meeting PUBLIC HEARINGS VACATION /LOT 1, BL 1, UNITED STATIONERS ADDN A. Vacate Drainage & Utility Easement (Lot 1, Block 1, United Stationers Addition)- - On May 3, the City Council received a petition to vacate portions of a drainage and utility easement and scheduled a public hearing to be held on June 7. Enclosed on pages 1 through �_is a general location map and a sketch along with the legal description of the easements to be vacated. All notices have been published in the legal newspaper and sent to all potentially interested parties. As of this date, the staff has not received any objections to the proposed vacation. However, City staff has identified a concern with the ability to construct a 60" diameter storm sewer pipe along the southeast edge of the proposed building expansion that would result from the vacation of this easement. Subsequently, the developer has agreed to construct 320' of this future storm sewer pipe in consideration of waiving the water quality dedication fee and vacating the public drainage easements as requested. This future storm sewer would serve as a water quality bypass routing industrial storm water through a detention basin prior to discharging it into Fort Snelling State Park and the Minnesota River valley. Taking into consideration the water quality dedication waiver, the developer would also be funding approximately an additional $30,000 of City obligation in consideration of vacating this easement. This has been reviewed by the City's Design /Development Engineer, and the Water Resource Coordinator, both of whom concur with this application of the water quality dedication fee and the timing of the pipe construction. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve /deny the vacation of a portion of utility easements over Lot 1, Block 1, United Stationers Addition as described and authorize the Mayor and City Clerk to execute all related documents. 0 •.rlf�fR Pt ur r (MALI) CT.f r ,,OARICE QUARRY 5 - t PARA' 0 1 0 C _ HIGH SITE approved : Mt o city of eagan UNITED STATIO PUBLIC SW SW SE • I IIIGHvit,v - - 1 u` DEPARTMENT ADD. � PUBLIC WORKS WORKS CLOT 1, BLOCK` to, E. BRiDGEvi ' /L H / � sE �aF , W f �. ;R :1161'1 / I f/ SYV r L 1Sw YLLtir I INC . JJ ""Frr U J 3 SKYLINE r A > LONE ▪ OAK RD o Rd No ?F 4 ■LINE r VACATION REQUEST SITE ` SW standard plate # N N `a c I ` ` 1 01 It Ln ( y� I /// . # r r^1 °p1 / E war .41 � w A.. / 5� / ��1� �����• L� YO) Armo f� y // r ,9#, ,0 te i� „� r r �� . ,:;rte y�• 1 1 t; •1 N C trl Q) N O O C C Z . 0 O C Z C a' 4J d O L O C W a) .- O _ � L rc C N C O F' Q' — N U \n in -- to O O .r - 6 'Po 3C > 1 c m '3 C A L 0 L N C N cv O O ' 6 0 O y y D 2 y 3 l �� l. 0 O L cc O 45 N 0 2 0 -a -4005 3 N i m .S Z fn J E s t�9 el in c0 o u . (r Z 4]L U N 0C N O 7 vi c CZ Z O E 0 o i d Q z W A a' _ 2 - O 0 O f0 M 7 t9 L aJ v (1) O O CO N O a) L C VI 2 O H< c C M E y a ' L Lb 0< C o C c c E n v Wn� or�t c E•0 W y �� >, c c • - • stn .. T m E E ..: Z c W W 2 d d m N 00 ,1, -0? m 0 W o . N co - = a"r o d F -0 d � Q L L co ' C C .T C) . .Y = N L C N O a) •S b .9 C VI • Y� N C y m� E 72-6(6.0 m 8',;:,° . • a) O a) N .. 9 p d V O O a) E O L V . y O _ (0 p a) N a7 a co c t N co _C W t u O m _ a L y N y' f9 N co ~ N • N O C a' O c N c `p •0 N y p -E. L N Z O? E - Z O `) a , W O J N a) O ,,,Cr' O O C d rn O c a m d C C 0 a) .0 . C VI o N u a— c a> _ 8 o c a.,- .Z CO c > E VI am C t9 N 7 O • ' m 67 O 7 O C `7 0 U o O ` c C -- Q •Q C m u C a ' .r i\ t aci a .E ' o t d N ( n _ - o L O m o . E ? m a v e .__ +J A \ E C N E a7 y 3 l[ a7 d p C N Q I n C a) a) t d 0 .c L '.t 0 v N p c ►, Z.c u C` O cc a a7 O N el O U N E t e, in L a7 0 C a) M p 0 0 a' N a) Iv - L O E "O" Q) d N C L O / \ �I a) f 9 _ d 00 C Q) . 0 L ” f9 O C L C7 O m O C C ' - C f 9- 41 0 7 L • � d co 2•rn� 7 .c E coop �� CL o Q �t a In d \;LZ` o 0 c C a a� d y ° o o °� Z C m L 'm ° L \ \ �o y 'n eca =m dar IS mm \ \ o E t y c, �Q y 0 O EL o - U - N c t O � 'EN a) O C Z t9 D Qn 'o O o c al l. J U N O • C co N a � iri c 0 c L. TI; 1 ° o r 0 c ' F- N j �. O F- C c9 \ N Q N , ,/ \ _. \\ \ YID N. ^ . N. 4 \ \ db.y N.7...... \ •. `.. • \ +' \\ \ • te Agenda Information Memo June 7, 1994, City Council Meeting VACATION /OLD SIBLEY MEMORIAL HWY - W OF CEDAR FREEWAY B. Vacate Right -of -Way (Old Sibley Memorial Highway - West of Cedar Freeway) - -In response to a petition submitted by an adjacent property owner, the City Council scheduled a public hearing to consider vacating excess public right -of -way on the north side of Old Sibley Memorial Highway near the Burnsville border where the new TH alignment was constructed for the Cedar Freeway interchange. Enclosed on pag0 9%t1jts a location map, sketch plan, and legal description of the right -of -way requested to be vacated. All notices have been published in the legal newspaper and sent to all potentially interested parties. We have received a response from US West enclosed on page q G expressing concerns for protecting their existing facility within this right -of -way to be vacated. Subsequently, a Resolution addressing the concerns of US West will be prepared to address this concern and presented to the City Council as a part of the Additional Information packet. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve /deny the vacation of a portion of public right -of -way for Old Sibley Memorial Highway as described and authorize the Mayor and City Clerk to execute all related documents. T-5 14. 112 II' city of eagan PUBLIC WORKS DEPARTMEN METCALF NW RIM' Al IL PARK CEDAR RIDGE C IR SILVER BE ► T STA No. / OF SEC. 1 SW 1/4 OF SW d kAvtiv CINNA -3809 4000 4200 -- 4499- _U / VER sw BELL VACATION REQUEST SITE sur • standard approved: p #: LEGAL DESCRIPTION OF TRUNK HIGHWAY N0. 13 TO BE VACATED That part of the Southwest Quarter of the Southwest Quarter of Section 19, Township 27 North, Range 23 West, Dakota County, Minnesota described as follows: Commencing at the northwest corner of said Southwest Quarter of the Southwest Easttalonghtheeliorth line said rSouthwestuQuartereofe the lSouthwest Quarternas distance of 246.80 feet to the easterly line of Minnesota Department of Transportation Right of Way Plat No. 19 -5; thence South 40 degrees 29 minutes 12 seconds East along said easterly line a distance of 154.70 feet to the point of beginning of the land to be described; thence South 13 degrees 30 minutes 08 seconds West a distance of 211.04 feet, to a point distant 40.00 feet northwesterly of the centerline of Trunk Highway No. 13; thence North 33 degrees 35 minutes 49 seconds East parallel to and 40.00 feet northwesterly of said centerline, a distance of Z23.5; feet; thence northeasterly, a distance of 161.13 feet parallel to, and distant 40.00 feet northwesterly of said centerline along a tangential curve concave to the southeast, having a radius of 5769.58 feet and a central angle of 01 degree 36 minutes 01 second, to said North Line of the Southwest Quarter of the Southwest Quarter; thence North 89 degrees 11 minutes 42 seconds West along said North Line of the Southwest Quarter of the Southwest Quarter a distance of 87.61 feet to a point distant 112.50 feet northwesterly of said centerline of Trunk Highway No. 13; thence Southwesterly a distance of 113.67 feet, parallel to and distant 112.50 feet northwesterly of said centerline along a non - tangential curve concave to the southeast having a radius of 5842.08 feet, a central angle of 01 degree 06 minutes 53 seconds, and a chord which bears South 34 degrees 09 minutes 16 seconds West; thence South 33 degrees 35 minutes 49 seconds West tangent to the last described curve, parallel to and 112.50 feet northwesterly of said centerline a distance of 25.32 feet to the point of beginning and there terminating. Containing 18,982 square feet more or less \ µotth Soo of Nut SW 114 of tho SW 114 of Soc. 10. T. 27. R. 22 11' 42' W � 203 .0 AREAS AREA Of PROPERTY I AREA Of RELOCATED T.M. 013 ' t TOTAL AREA 10327 5O. TT 10042 5O. FT. 20300 W. FT. U S WEST Commun cations, Inc, 6244 Cedar AVE hue ; outh Richfield, Minnesota 45423 May 18, 1994 Eagan City Officials City of Eagan P.O. Box 21199 3830 Pilot Knob Road Eagan, Minnesota 55121 Dear City Officials: On behalf of U S WEST Communications, my only concern is that a utility easement be granted to protect existing telephone plant. We currently have aerial and buried telephone cable in the described area. I will not be able to attend the public hearing on June 7, 1994; please call or write to me with your comments and questions, I can be reached on 861 -8162. Sincerely, Randy Lefebvre Engineer - Facilities frt-CZPVZD y 2D 1994 IYIa% ants E'1ZWEST COMMUNICATIONS Agenda Information Memo June 7, 1994, City Council Meeting CEDARVALE DRIVE (ST RECONSTRUCTION) C. Project 667, Cedarvale Drive (Street Reconstruction) - -On May 18, the City Council reopened a continued public hearing to consider the reconstruction of Cedarvale Drive from Rahn Road to the Cedarvale Shopping Center. At that time, Mr. Mark Parranto spoke as a representative of the affected property owners requesting the City to consider vacating this public right -of -way and allowing its reconstruction to be done privately. As a result of that public hearing, the City Council again continued it for reconsideration on June 7 and directed the Public Works Committee to meet with Mr. Parranto and any other interested property owners to further discuss their request and to provide a recomme Lion for consideration at the continued public hearing on June 7. Enclosed on pagesq' through 1 0 j is a report discussing the results of that Public Works Committee meeting held on June 2. Also enclosed on pages ( 0Z-through is a copy of the feasibility report for Council's review and reference should th y decide to proceed with this public improvement as originally petitioned for. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve /deny Project 667 (Cedarvale Drive - Street Reconstruction) and, if approved, authorize the preparation of detailed plans and specifications. If denied, direction should be given as to what level of maintenance the City should provide for this public street and the method of financing these improvements. 9r1 PUBLIC WORKS COMMITTEE MEETING JUNE 2, 1994 SUMMARY At 3:00 p.m. on Thursday, June 2, the Public Works Committee consisting of Council Member Ted Wachter (Chair) and Council Member Shawn Hunter (Alternate for Mayor Egan) held a Public Works Committee meeting in the Council Chambers of the Municipal Center. Also in attendance were Public Works Director Colbert, City Attorney Sheldon, Assistant City Engineer Foertsch, Superintendent of Streets /Equipment Erhart and Superintendent of Utilities Schwanz. PROJECT 661R, SIBLEY TERMINAL INDUSTRIAL PARK (STREET REHABILITATION) Nine property owners were in attendance as represented by the attached sign -in sheet. This item was introduced by Public Works Director Colbert who summarized the process to date and distributed assessment rates and proposed assessment rolls for the four different options proposed by the City Council at its workshop session of May 24th. Two letters from property owners were also distributed and put into the record. One was from Dunn & Bradstreet indicating their preference for Option 3 and concurrence with Option 2 if others had that preference. The second letter was from Diesel Service Company on Terminal Drive indicating their objection to any assessment for the improvement of Yankee Doodle Road as their access is primarily through the Terminal Drive /T.H. 13 intersection. After distributing and explaining the various options, the property owners comments primarily pertained to their contention that the City of Eagan should be responsible for the full costs of any work due to the lack of maintenance performed over the past 24 year life of this street. In addition, they indicated that previous utility cuts and resulting patches accelerated the deterioration of the street. Several also stated that their experience with the roadway through past significant rain storms indicated there were no drainage problems and objected to the estimated cost of storm sewer facilities irregardless of whether the City or the property owners were financially responsible. Speaking on behalf of the group, Mr. Tim Herman (Aagard Services, Inc.) indicated their acknowledgment that the street needed to be repaired but that it should be the City's responsibility with no assessments to any of the businesses. The committee then presented the question of which assessment option the group would prefer if, for some reason, the City Council felt that the project had to proceed with some financial participation from the benefitted property owners. Their response was they would object with legal appeals to any proposed assessments irregardless of which Option was selected. The Public Works Committee then thanked the property owners for their input and assured them that it would be conveyed to the City Council. They then requested staff to provide additional information regarding the level of maintenance that has been performed in this area. The Public Works Director indicated that this information ra? Page Two June 3, 1994 would be distributed to the Council as a part of the administrative packet on June 6th. At this time, the Public Works Committee did not provide a formal recommendation regarding this project but did identify Option 3 as appearing to be the most equitable if any assessments were to be levied as a part of this project. The Public Works Committee members along with Public Works Director Colbert and Superintendent Erhart toured the Sibley Terminal Industrial Park inspecting and evaluating the condition of Terminal Drive and Yankee Doodle Road. PROJECT #667 - CEDARVALE DRIVE (STREET RECONSTRUCTION) This next item was introduced by Committee Chair Wachter. Mr. Mark Parranto was the only representative of the area pertaining to this project. Mr. Parranto presented a plan and profile of a reduced scope of improvement to Cedarvale Drive from Rahn Road to Cedarvale parking lot. It basically consisted of a patch /repair with an overlay, a rolled bituminous curb along the south side only, continuous sheet cross drainage from south to north matching existing grades with no curbing and a cross drainage swale just west of Rahn Road. The new bituminous overlay would be approximately 11/2" thick. Mr. Parranto had previously submitted a draft of an association agreement between all affected property owners providing for cross easements and maintenance responsibilities. The City Attorney indicated that a review by that office should be deferred until an agreement has been reviewed and modified to the satisfaction of all property owners. He noted that the agreement lacked an enforcement and dispute resolution process should any of the property owners disagree with the future condition or level of maintenance being performed. The Public Works Committee responded that they felt comfortable with the process of vacating this public street and allowing it to be maintained by the adjacent interested property owners. In regards to the costs incurred to date (approximately $7,500 for consulting engineer and legal plus $1,200 for City staff), the Public Works Committee suggested that maybe the City could absorb these costs in consideration of being relieved of future maintenance responsibilities with this public street turnback /vacation. In response to Mr. Parranto's request to perform minimal patching until the legal paperwork and vacation process can be completed, the Public Works Committee felt uncomfortable with the liability of allowing private maintenance on public streets and directed the Public Works Maintenance Division to perform some minimal maintenance until such time as the street can be vacated and the proposed improvements completed by the property owners (approximately three months). Page Three June 3, 1994 The City Attorney provided an oral update on the status of the legal issues raised by Sven Borgersen (1529 McCarthy Road) regarding easements and assessments associated with acquisition of tax forfeit property. The preliminary opinion indicated that the concerns raised should not have an affect on the proposed project. The City Attorney will provide a written response to Mr. Borgersen and forward the engineering concerns to the Public Works Director for further research and response as well. The committee members then took a tour of the neighborhood streets with Public Works Director Colbert and Superintendent of Streets Erhart to review the condition of the streets and the proposed realignment of McCarthy Road as it approaches Highway 13. A brief explanation as to how pavement conditions were rated and evaluated in the field was provided by Superintendent Erhart. Upon completion of the tour, there was a consensus that the streets were near the end of their life cycle and were beyond the ability to be maintained through routine maintenance and required reconstruction to provide any reasonable life expectancy. In regards to the proposed realignment of McCarthy Road as it approaches Trunk Highway 13, it was not felt that this was necessary if there was strong opposition to it from the neighborhood. SUMMARY The meeting was then adjourned back at City Hall at approximately 6:00 p.m. Respectfully submitted, Thomas A. Colbert Attachment - Sign -in sheet TAC /je PROJECT #643, TIMBERLINE ADDITION (STREET REHABILITATION) ob m itc, A,✓ f4b,C P2,a5 Co 6/ rI G? / 7 Q //v4 - t- Al / 9i2 icy Pv l3 Wo2Ks C .rb Lu r re, (P C A13plS V,4 rrd�r fir. /ccz - dam T' / r- it f Reconstruction of Cedarvale Drive city of ecigan 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 eso Reg. No. 9402 ate: Februar Reviewed by Short Elliott Hendrickson Inc. 3535 Vadnais Center Drive St. Paul, Minnesota 55110 (612) 490 -2000 Public Works Department Reviewed by Finance Department Date February 1, 1994 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55121 Attu 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. Sincere Leonard C. Newq nn Attachment SHORT ELLIOTT HENDRICKSON INC. MINNEAPOLIS. MN 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST PAUL, MN 55110 612 490 -2000 800 325 -2055 ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPOATTATION RE: Eagan, Minnesota Cedarvale Drive Reconstruction City Project No. 667 SEH No. A- EAGAN9406.00 ST CLOU N 0 CHIPPEWA FALLS. WI MADISON. WI Certification Page Letter of Transmittal Table of Contents 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 Appendix A Preliminary Cost Estimates Appendix B Preliminary Assessment Roll Appendix C Figure 1 Figure 2 Figure 3 Figure 4 Table of Contents List of Appendices - Location Map - Typical Section - Proposed Improvements - Assessed Properties, Cedarvale Office Park Cedarvale Drive Reconstruction A- EAGAN9406.00 City of Eagan, Minnesota Page i Page 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 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 condiition. 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 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, l0 -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 0 proposed to remain unless the property owners decide i:o relocate or close 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 oc\ 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 1l 0 (tl Appendix A Preliminary Cost Estimates Cedarvale Drive City Project 667 Description Unit Est. Qty. Unit price Amount Mobilization L.S. 1 $1,200.00 $ 1,30000 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 Preliminary Cost Estimates Project No. 667 Cedarvale Drive Reconstruction A- EAGAN9406.00 Page 1 13 Appendix B Preliminary Assessment Roll Cedarva.le Drive City Project 667 Preliminary Assessment Roll Project No. 667 Cedarvale Drive Reconstruction Property I. D. No. Amount Cedarvale Shopping Center 10- 01900- 051 -06 $18,760 Bank Property 10- 01900- 101 -06 Cedarvale Office Park 10- 01900- 071 -06 10- 01900- 072 -06 10- 01900- 073 -06 10- 01900- 074 -06 10- 16850- 031 -01 10- 16850- 122 -01 10- 16850- 123 -01 10- 16850- 081 -01 Total Amount Cedarvale Drive Reconstruction A- EAGAN9406.00 City of Eagan, Minnesota Page 1 ( 4 18,760 2,345 2,345 2,345 2,345 2,345 2,345 2,345 2,345 $56,280 L Appendix C Figures Cedarvale Drive City Project 667 DIFFLEY RD. t GC SILVER B co CEDAR D PARK ( CORAL LA ) . "ila 1� PROJECT LOCATION CARNELIAN ABBRC RIVER SARTELL A PROJ. NO. 667 FILE NO. A -EAGAN 9406.00 ANT AGESOr Efl ARVALE DRIVE GAN, MINNESOTA LOCATION MAP FIGURE NO. EH (V w �/� r 2 2 00 '0 // 0 z z I.L. as ww T Q O U r a Y L Q r T I I EDARVALE DRIVE EAGAN, MINNESOTA TYPICAL SECTION w , 2 / �'� VJ LL 0 0 0 J U w TMM < c0 � T (0 PROJ. NO. 667 FILE NO. A -EAGAN 9406.00 FIGURE NO. 2 *,, EXISTING SWALE DRIVE DRIVE RAHN ROAD l 22' CEDARVALE PARKING LOT 1 VALLEY GUTTER DRIVE I DRIVE_ LEGEND DARVALE DRIVE AGAN, MINNESOTA OPOSED IMPROVEMENTS CONCRETE WALK PERMANENT EASEMENTS DRAINAGE DIRECTION PROJ. NO. 667 FILE NO. A -EAGAN 9406.00 FIGURE NO. 3 ASV Ad IMF EH O 1°1 LEGEND EXISTING BUILDINGS ON CEDARVALE OFFICE PARK. 000 PARCELS PROPOSED TO BE ASSESSED. C DARVALE DRIVE EAGAN, MINNESOTA ABLE PROPERTIES CEDARVALE OFFICE PARK PROJ. NO. 667 FILE NO. A -EAGAN 9406.00 FIGURE NO. 4 Agenda Information Memo June 7, 1994, City Council Meeting VACATION /ENGLERT ROAD CUL-DE -SAC D. Vacate a Portion of Public Right -of -Way, Englert Road Cul -De- Sac - -In response to a petition submitted by the developer of the Pondview Addition, the City Council scheduled a public hearing for June 7 to consider the vacation of excess public ri ht -of -way a he west end cul -de -sac of Englert Road near I -35E. Enclosed on pages ( and i a location map, sketch of the requested vacation, and its legal descrip i n. All no ices have been published in the legal newspaper and sent to all otentially interested parties informing them of this public hearing. Enclosed on page is a written objection from an individual (address unknown) who objects to the va anon of the excess public right -of -way under the premise that it will allow additional units. Staff has reviewed the site plan layout and determined that this vacation will not affect the total number of units but it would result in a reconfiguration that would affect the size of tie planned open space if this excess right- of -way was not vacated. Enclosed on page is a site plan layout showing the relationship of the development to the proposed 4 ight'of -way to be vacated. Other than this, staff has not received any objections to this proposed vacation. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve /deny the vacation of a portion of public right -of -way for Englert Road as described and, if approved, authorize the Mayor and City Clerk to execute all related documents. HI L Bf ARf PArC h wCOD ,p P.1 K e CT � U r �'3�� PO £ OEvr. COMM DEERW00 .uEBILL ATHRTN aeeRc AS CREST RI DGE of PALISADE LJ LA a PARK CI 'DAVENPORT IV1WR AVE , TfC13 • AvE CENTUR N�,J W1� 1 ClT Y MA /NT FAC /L /T Y 1 C•^ I L A SW / JUNIPER PT Ew LARK RD Rk PT BOULDER RIDGE PT AC PT A fIR PT S we. Ne VIOLET ODEER PATH ASHELL GLEN CKW00 YANKEE CENTRE P �� I Ca Pd. P44. 301 ST PUBLIC �— QUARRY S - PARK HIGH 511E DP city of eagan ENGLERT ROAD I,v I- TAMARAC PT 2 - BIRCH PT SE 3 - NORWAY PT. A - fOREST RIDGE NO T 5- IRONWOOD LN 6- REDWOOD PT 7 - SPRUCE PT DOODLE PATRICK SE E 464V PARK approved TT' - - - iR 7- z 0 RIGHT -OF -WAY VACATION SITE standard plate #: .:: WORKS RIGHT-OF-WAY ( DEPARTMENT VA CATION 1 ' 7Ihl ---- "77 -- 4.- i it ' LEGAL DESCRIPTION / i .. ,.. That part o MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY /< PLAT NO. 19 -5 described as follows: i /' /�, Commencing et the northeasterly corner of said right of way plat, /, 1 , said corner being on the north line of the Northeast Quarter of / / 1 the Southeast Quarter of Section 16, Township 27 North, Range 23 , i I ' 'West distant 751.85 feet west of the northeast corner thereof; / / thence southwesterly 1008.88 feet along the easterly right o we.y ` 1 line of said right of way plat, said line being a nontangentie�l / 1 1 i � ' i curve, concave to the southeast C� Central angle 16 degrees ,1 , minutes 10 seconds, radius 3589.72 feet, chord bearing South 20 ' ! degrees O8 minutes 17 seconds West; thence continuing along said k i easterly right of way North 77 degrees 54 minutes 48 seconds West 1 40.00 feet; thence continuing along said easterly right of wary , 1 � 1 295.15 feet along a nontangential curve concave to the southeast, I r r , central angle 04 degrees 39 minutes 32 seconds, radius 3629.12 i 1 1 I 1 1 . feet, chord bearing South 09 degrees 45 minutes 26 seconds West , 1 I 1 1 to the point of beginning of the parcel to be described; thence 1 1 'North 89 degrees 43 minutes 31 seconds East 126.87 feet; thence 1 ,South 00 degrees 53 minutes 12 seconds East 125.01 feet to a l 1 1 point to be hereinafter known as point A; thence South 89 egrees k 1 ' 43 minutes 31 seconds West 200.01 feet; thence North 09 degrees ' 58 minutes 11 seconds East 33.53 feet; thence North 35 degrees 18 /" 1 minutes 50 seconds East 113.14 feet to the point of beginning. / 1 1 / I ' Except 4E.e South 30.00 feet of the above described parcel / 1 I together with that part of said parcel lying within a circ'e i ohaving a radius of 60.00 feet, the center of which is described 1 'W as follows: Commencing et said point A; thence South 89 degrees 1(� 143 minutes 31 seconds West 100.94 feet; thence North 00 degrees i I 1 16 minutes 29 seconds west 60.00 feet to said center of circle. % I IW , 24 � L p� v I 1 1 I Q , ' 1 1 1 P I� 1 ■ \ 1 ' 1(/) 1 I , "Cr . ' , W 1 1 1 ' IW / 1 (,'' I 4 1 1 1 � 1 1 X • 1 i 1 1 r id 1 1 , (' '1 1 1 'O 1) ;te • it .Ammue/A 1 M 11100111/ " . " 116 " - 19 F P. It THOMAS E. & i{ARUMI MERR OLDS. EASEMENT ` f0 BE ACA 2.1 0 els MID I. Pt May 21, 1994 City of Eagan :3830 Pilot Knob Road Eagan, MN 551- -1897 Dear Mr. Foertsch, I am writing this letter regarding the upcoming Public Hearing to vacate public easement Fights of Way on the west end of Englert Road. We would prefer the city not to give Good Value Homes the easement they reed to add the one additional unit they want to build. Please consider leaving that area open for people to enjoy outside activities while entertaining their grandchildren and walking their pets. Forcing them to use the street would be dangerous. I agree with the councils concern regarding installing a "Tot Lot" due to liability, but welcome are open area for a meeting place for new neighbors as well as old neighbors alike. Please consider keeping this area open for all the owners to enjoy. Thank you for your time and consideration. Sincerely, itYV\ Wj4AA. Tom Wilson cc Thomas Eagan Patricia Awada Shawn Hunter Sandra A. Masin Theodore Wachter Thomas Hedges Y� 3 REC EIVE - 0 Mqy- 2 4 /994 3g0 -----Y4113 4v loo 40 71/4 SHYVOHNMOI. M3IA ONO d 10 aid kin ronrutra 441, Smt&I), 5 i 2 11 . .! 8 1 4 0 i Ilg '1' 3iVO. 1 iii i XII Z ih •-• 414 /, ••• - - •—•• • — 1 1 L .1J Agenda Information Memo June 7, 1994 City Council Meeting 'Y• LJSI .... ... A SS VARIANCE /SITE PLAN REVIEW /UNITED STATIONERS A. Variance, United Stationers, a variance of 4% to the maximum building coverage in a L-1 zoning district and Site Plan Review - -R.L. Johnson Co. is requesting a variance of 4% to the 35% maximum building coverage requirement for Lot 1, Block 1, United Stationers Addition and a site plan review for the proposed expansion of the existing building. City Council review of the site plan was a condition of the reviously approved plat. The staff report on this item is enclosed on pages through Ia ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance of 4% to the maximum lot building coverage of 35% for Lot 1, Block 1, United Stationers Addition; to accept the detailed plans with minor revisions for the proposed expansion of the United Stationers Supply Co. building located at 1720 Alexander Road subject to the conditions set forth in the staff report. REPORT DATE: May 23, 1994 C A S E #: 8 - V - 1 0 - 5 - 9 4 APPLICANT: R.L. Johnson Co. HEARING DATE: June 7, 1994 PROPERTY OWNER: United Stationers Co. PREPARED BY: Mike Ridley REQUEST: Variance and Site Plan Review LOCATION: 1720 Alexander Road (NE 1/4 Section 8) COMPREHENSIVE PLAN: Industrial (IND) ZONING: Light Industrial (LI) SUMMARY OF REQUEST R. L. Johnson Company is requesting a Variance of 4% to the 35% maximum building coverage requirement for Lot 1, Block 1, United Stationers Addition and a Site Plan. Review for a proposed expansion of the existing building. The property is located west of Highway 13 and south of Meadow View Road. BACKGROUND /HISTORY PLANNING REPORT CITY OF EAGAN United Stationers Supply Company owned Lot 1, Block 1 and Lot 1, Block 2, R.L. Johnson Addition which are not contiguous, being separated by Alexander Road. Lot 1, ]Block 1 contained the existing 150,000 s.f. facility while Lot 1, Block 2 contained only an employee parking lot. In September of 1993, United Stationers Supply acquired a 1.83 acre parcel from an adjacent property owner for the purpose of combining it with their existing 10.6 acres of property (Lot 1, Block 1, R.L. Johnson Addition). Both parcels were replatted as Lot 1, Block 1, United Stationers Addition. The 1.3 acre employee parking area (Lot 1, Block 2, R. L. Johnson Addition) was not included in this replat. The newly created Lot 1, Block 1, United Stationers Addition has an area of 12.4 acres. A 35% building coverage on this acreage would allow a 189,000 s.f. building, or an expansion of the existing facility of approximately 40,000 s.f. Staffs August 9, 1993 preliminary plat report pointed out that the acquisition and combination of land resulting in a 12.4 acre parcel will allow United Stationers a 40,000 s.f. building expansion for a total building square footage of approximately 190,000 s.f. The timing of the proposed expansion was not known at the time of platting so the following condition of plat approval was added: "Detailed grading, drainage, and erosion control plans, utility layout plans, and site plans shall be submitted for further review by City staff and City Council before any building expansion can occur on the site." R. L. Johnson Company, acting as an agent for United Stationers, erroneously used the areas of Lot 1, Block 1, United Stationers Addition (12.4 acres) and Lot 1, Block 2, R.L. Johnson 1st Addition (1.3 acres) to calculate the allowable building expansion area available based on a maximum building coverage of 35 %. Subsequently, building expansion plans were received by the City and staff review uncovered the proposed building expansion of 59,000 s.f. The R. L. Johnson contact person was immediately notified of the situation and instructed to revise the plans. VARIANCE REVIEW The additional property was obtained solely for the purpose of meeting future expansion needs of the existing facility while maintaining the building lot coverage at or below the City Code allowed maximum of 35 %. The entire proposed building expansion of 59,000 s.f. is necessary to handle the growth needs of United Stationers and the timing of getting this portion of the building operational is critical; therefore, a variance of 4% is being requested to allow a total building coverage of 39 %. According to the applicant, the planning process is nearly complete and construction materials are ready to be ordered. Additional land acquisition is restricted on three sides due to existing streets; wetlands; and rail road tracks. Land acquired from adjacent properties within the Sibley Terminal Industrial Park plat cannot be combined with the United Stationers Addition without a replat. The time necessary to replat is prohibitive. SITE PLAN REVIEW The developer has submitted detailed grading, drainage and erosion control plans; utility layout plans; and site plans and the City has reviewed the plans. The developer will be submitting the revised plans to reflect the City's review comments with the building permit submittal. The revised plans will show that the developer will construct 320 feet of 60" storm sewer from Pond CP -8 to the east. The 60" storm sewer line will serve as a future bypass line to divert storm water runoff from discharging directly to Pond CP -9, which is located in the Fort Snelling State Park adjacent to this site. The developer has agreed to construct the 320 feet of 60" storm sewer with the building expansion project. The extra cost to the developer to construct this section of storm sewer will be approximately $30,000. The City and developer both agree that this storm sewer line should be constructed from Pond CP -8 along the southeast edge of the proposed building I p '? expansion prior to the construction of the building. To help compensate the developer for constructing this 320' section of the storm sewer bypass line, the City is proposing to waive the water quality dedication fee for this site which would have been $13,940. SUMMARY For the express purpose of expanding its business, United Stationers Supply Company acted in good faith in acquiring additional property to combine with their existing site through a replat. The inadvertent miscalculation on total building coverage occurred between R.L. Johnson Company and the consulting surveyor. The detailed plans have been reviewed by City staff and the developer will submit revised plans with the building permit application. ACTION TO BE CONSIDERED To approve /deny a variance of 4% to the maximum allowed building coverage of 35% for Lot 1, Block 1, United Stationers Addition. To accept the detailed plans, with minor revisions, for the proposed expansion of the United Stationers Supply Company building located at 1720 Alexander Road subject to the following condition: 1. In exchange for the developer constructing 320' of 60" storm sewer for a future bypass line, the City shall waive the Water Quality dedication fee of $13,940.00. gag 1\ v 70 • — J ` � J .70 — — — -100 1 / .• . � . zr / 1 0 0' y • CP -9 few 011111 (. . , • 1 • 4 • `• �4 t, l t ' ' ' - N op, /4* i‹ ■ /# � :1 ( ' % 1 lei � ` f i / % ' � ( 1 ■ �'i l Y �' � ' � •'' 3 `� 032 �11 1 I • / ►f CP_s „ i • i�il,/ ' /- 1\41,1,,,,, 1 / \ J , 011 tl�+ +'/t J • \ o ;. , i . V. 1 , 1/ , a /19 1 ?>F c, a s • / ,1 I Y ( 1 1 $111 i ( ' 1 f f u... \ 1 1 / \ I , : 1 / i ce _ ! Y�1 i 1 y . _ r / --- ; ai I/ / 11 ` a ; // 1 p � .4111 � 4- '� _ _ � / /1[L 14 \Z!lrr,, / / olli , (/ 1 / 1/1 L1, B2, R.LJOHNSON 1st ADDN ', // .; ii -f. 1 r Y / p yy _ i 010 03 / e / /fr -: . \ I ' f ('/j1 / // ' t. ` �) 441 " 1 3 644 � l I, � , — \ 4j a$.N �1 1(I1 11 ( rif II I' • 1/ p II / 11131P4 I sO 4 vadv 'ON LWOW TWIll NIVIIIKLIAVA V KIWIS 'ma SIONOLIVIS 0111 1(1 ru. 43 11,0■1 •••• 411146•1 ( 01•111.0. T.II Y161••••• M. MINI 1•111111■11 . .11/10111■ IN3101.1.S3ANI NOSNHOr 'TN ......-.-, ../.11 I NM 11MMOM. IMMO IIIM IIIMimr• • IINIMINIOS • '311. "001101,111 I 11000011 •alormass f 10111■00 rJ R.L. JOHN May 11, 1994 Thomas Egan & Council Members City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 -1897 Dear Mr. Egan and Council Members: United Stationers Supply Co. respectfully requests a variance to increase density of building coverage from 35% to 39% on its recently platted 12.4 acre United Stationers Addition. This would allow United Stationers Supply Co. to increase the proposed addition from 37,136 square feet to 59,080 square feet or an increase of 21,944 square feet. It has always been United Stationers intention to construct an addition of approximately 59,000 square feet from the time a preliminary site and building plan was reviewed with the city planning, building and engineering department in April of 1993. At that time, it was determined that additional acreage would be necessary along with a re- platting of the property in order to achieve the proposed addition size within the 35% building density coverage per zoning ordinances. United Stationers proceeded to move forward to accommodate this. It has now become apparent that at the time a misunderstanding occurred. The calculations for square footage of property that factored into the density equation included the land owned by United Stationers and used for employee parking directly across the street on Alexander Road. Upon submittal of final plans for review and building permit, we were informed by planning that because Alexander Road bisects the 12.4 acres platted United Stationers Addition and the parking lot property and that since that results in two separate property I.D. Numbers for tax purposes that it cannot be used in the density equation. With this now being understood and the process and planning at the advance stage of completion, we respectfully request this variance to enable United Stationers to move forward with the proposed addition. Charles E. Youngquist, Jr. Dir. of Design and Construction (tisif k3 PRINCIPALS IN REAL ESTA "E SINCE 1463 DEVELOPMENT CONSTRUCTION LEAS(' G MANAGEMENT 701 DECATUR AV N. SUITE •107 MPLS.. MN 554127 TEL 612 541 1970 FAX 612.543.235 Agenda Information Memo June 7, 1994 City Council Meeting FINAL PLAT /PONDVIEW ADDITION B. Final Plat, Pondview Addition - -The final plans and development agreement for the Pondview Addition have been reviewed by staff and found satisfactory. The financial security has been provided as well. The Englert Road cul -de -sac will be vacated at the June 7 City Council meeting. Assuming approval of that vacation, final plat approval is in order at this time. Enclosed on page [»s 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 Pondview Addition located east of I -35E, south of Fish Lake, north of Englert Road. I 3Z • O O 111111 I 4114 it 14 h It 111 X F 9 G 8r R.yrd 4:ph3re 1M 21 403 i 04,1 :0T 4 c f"J 4+7 r M F >, �NTr pp4p � �? IS 51.4 At a� r NA° kph '��. 3� . s � 7Fa^_ tkp 204 N FEftS F F '' SOFA OEPARTI J� F T 322,00 GAIT -OF.}y r PLAT P40. 1p s� • ine Rn ? IO'M Aftitearir J33 a 00!$1 of ; e` GHQ S a ors.'a,t u�.1a - EAST ammo a The x roM AI► *Pa= 0/ KYC7141 it moat& $7 *Ma Zx ONO,A COtltrr, 14111143011L Agenda Information Memo June 7, 1994 City Council Meeting CONT. 94 -04, RECEIVE BIDS /AWARD CONTRACT (ENGLERT ROAD - STREETS & UTILITIES) C. Contract 94 -04, Receive Bids /Award Contract ( Englert Road - Streets and Utilities)- - At 10:30 a.m., June 3, bids were received for the installation of streets a utilities for Englert Road from Pilot Knob Road to I -35E Enclosed on page !,3 I is a summary tabulation of the bids received with a comparison of the low bid to the estimate contained in the feasibility report presented at the public hearing held on February 15, 1994. All bids are being reviewed for accuracy and compliance with the bid specification documents and any errors or corrections will be identified prior to or at the Council meeting. With part of the right -of -way and easements necessary for this project being dedicated with the final plat of the Pondview Addition, it is necessary that that final plat receive Council approval prior to awarding this contract. Consideration of final plat approval for the Pondview Addition is scheduled earlier on the agenda. ACTION TO BE CONSIDERED ON THIS ITEM: If the final plat for the Pondview Addition is approved, receive the bids for Contract 94 -04 (Englert Road - Streets and Utilities), award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. 3`( city of eagan CONTRACTORS 1. Ryan Contracting 2. Northdale Construction 3. G.L. Contracting 4. Ro -So Contracting LOW BID Feasibility Report Estimate % Over ( +) Under ( -) Engineer's Estimate % Over ( +) Under ( -) ENGLERT ROAD STREET & UTILITY IMPROVEMENTS PROJECT #647 CONTRACT #94 -04 /3S BID DATE: FRIDAY, JUNE 3, 1994 BID TIME: 10:30 A.M. TOTAL BASE BID $ 150,223.10 163,991.00 168, 821.40 187, 430.00 $ 150,223.10 $ 138,645.00 + 08.35% $ 149,000.00 + 00.82% Agenda Information Memo June 7, 1994 City Council Meeting PROJECT 666, RECEIVE PETITION /AUTHORIZE REVISED FEASIBILITY REPORT (WATERVIEW ADDN. -SAN. SEW. AND WATER MAIN EXTENSION) D. Project 666, Receive Petition /Authorize Revised Feasibility Report ( Waterview Addition - Sanitary Sewer and Watermain Extensions) -- Enclosed on page is a petition letter received from the developer of the Waterview Addition requesting the City to proceed with the extension of sanitary sewer and watermain facilities necessary to service the recently approved preliminary plat of the Waterview Addition. There was a public hearing scheduled for December 21, 1993 to consider a similar request for utility extensions. However, due to the issues associated with developing the Waterview Addition as R -1 single family, the public hearing was closed and the project cancelled to be reconsidered at a later date. Enclosed on pages \31 and / 3 1 is a copy of a letter staff sent to the Waterview developer informing them ofthese new complexities and a possible schedule if the Council were to select an option servicing this development with utilities ext nded so along Dodd Road from the Lakeview Trail Addition. Enclosed on pages 1 ((c) and / is a letter from the Waterview developer regarding their continued support of the City's installation of utilities as originally proposed. During the time the zoning and development issues were being evaluated by the City, I.S.D. 196 passed a bond referendum providing for a new elementary school to be located on the east side of Highway 3 opposite the Waterview Addition. Similarly, the Pines Edge development was processed and received preliminary plat approval. This accelerated development east of T.H. 3 now presents some scheduling conflicts with the requested extension of utilities along T.H. 3 to service the Waterview Addition in 1994. Various options of providing utility service to the Waterview Addition were reviewed by the City Council at a special workshop on May 24th. After evaluating the various options, the Council workshop discussion leaned towards scheduling the requested utility extension in 1995 to coincide with the extension of utilities to service the east side of Highway 3. Forwarded without page number is a staff memo responding to Council's inquiry at the workshop regarding financial analysis of various levels of improvement for Dodd Road. It is anticipated the developer will be present to support his petition requesting the City to extend the utilities necessary to allow the development of the Waterview Addition yet this year. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and authorize a revised feasibility report for Project 666R (Waterview Addition - Utility Extensions) with specific direction on sanitary sewer alignment and financing or reject the petition for utility extensions to service the Waterview Addition as being premature. /360 MEMO city of eagan TO: MAYOR AND CITY COUNCIL, C/O THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: JUNE 1, 1994 SUBJECT: PROJECT 666R, WATERVIEW ADDITION (UTILITY EXTENSIONS) On May 24th, the City Council held a special workshop and discussed various options of providing utility extensions /service to the Waterview Addition. Attached to this memo is the background memo that was used for that review. DODD ROAD (RE)CONSTRUCTION During the discussion that pertained to the extension of sewer and water laterals south on Dodd Road and the two alternates of street restoration, a question was raised as to what the cost difference is between restoring Dodd Road to its current rural road section or upgrading it to the City standard urban section with concrete curb, gutter and storm sewer. The following is some rough cost estimates and related assessments for both options. ITEM RURAL ROAD SECTION URBAN SECTION Construction cost $28,374.00 $43,424.00 Improvement cost (includes $38,300.00 $58,600.00 indirect costs estimated at 35 %) Assessment rate per $27.00/ff $42.00/ff front foot * Assessment rate per lot equivalent $2,325.00/I.e. $3,600.00/I.e. (Le.)* * Approximately 1300 lineal feet of roadway improvement and an estimated 1400 lineal feet of assessable frontage (corner lot credit, pond frontage, etc.). One lot equivalent (Le.) = 85 front feet (if). By comparison, the 1994 CIP has averaged appraisal benefit values of $2,000 - 2,500 /I.e. for rehabilitation of existing streets that already have concrete curb and gutter and storm sewer facilities. Page Two June 1, 1994 WATERMAIN The extension of watermain south along Dodd Road from Lakeview Trail to the Waterview Addition should occur irregardless of the timing to provide the best overall looping for the southeast corner of Eagan. The following is a "estimate" of what the watermain assessment could run: SANITARY SEWER If the Waterview Addition is to be serviced with sanitary sewer in 1994, it should be extended down Dodd Road to avoid duplicative repair costs to T.H. 3. In addition, the depth of sanitary sewer required in Dodd Road for future extensions (20 -24 feet) strongly suggests its installation concurrent with the watermain to again avoid duplicative restoration costs to Dodd Road and construction conflict with a shallower watermain (7 feet deep). The following is an "estimate" of possible assessment rates for this sanitary sewer extension along Dodd Road. If sanitary sewer were extended south on T.H. 3, the following are the additional costs for various options as compared to construction in 1995 when T.H. 3 is under construction as well: 1. West side of T.H. 3 in 1994 (Proj. 666) $72,000 2. East side of T.H. 3 in 1994 (with shoulder restoration) $52,000 3. East side of T.H. 3 in 1994 (no shoulder restoration) $30,000 Both option 2 and 3 include 2 jackings under T.H. 3. The extent of shoulder restoration is unknown at this time. STORM SEWER Any storm sewer required with the urban road section will be minimal and has been included with the road construction costs. If additional financial information is desirable, please let me know. Respectfully submitted, Thomas A. Colbert Watermain Lateral Benefit - $12.00/ff ($1,020/I.e.) Sanitary Sewer Lateral Benefit - $19.00/ff ($1,600/1.e.) cc: Mike Foertsch, Asst. City Eng. TAC /je MEMO city of eagan MAYOR & CITY COUNCIL C/O THOMAS L HEDGES, CITY ADMINISTRATOR FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS DATE: MAY 20, 1994 TO: SUBJECT: PROJECT 666R, WATERVIEW ADDITION (SANITARY SEWER & WATER EXTENSIONS) BACKGROUND In July of 1993, the City received an application to rezone and subdivide property owned by Dr. Fitz into the proposed Waterview Addition. In conjunction with that application, the City received a petition from the developer (Arcon Development) to extend sanitary sewer and water facilities to provide service to this proposed development. The installation of the internal streets and utilities are proposed to be performed privately by the developer. On December 21, the City Council continued indefinitely action regarding approving the rezoning and preliminary plat for the Waterview Addition. Subsequently, with no approval of the proposed development, the public hearing for Project 666 (Waterview Addition - Sanitary & Watermain Extensions) was closed and the project canceled. During the following 3-4 months, there were several meetings with the residents of the S. Dodd Road area along with discussions at Council workshops pertaining to the long - range urbanization of the S. Dodd Road area and the appropriate development density and layout of the proposed Waterview Addition. Also during this time, ISD #196 selected a site for their new elementary school to be across TH 3 from the proposed Waterview Addition. On May 3, the City Council finally approved the R -1 rezoning and preliminary plat layout of the Waterview Addition. The developer has now renewed his request for the City to extend sanitary sewer and watermain to his proposed development. 1 DISCUSSION When preparing the original feasibility report, engineering analyses were performed to determine the best method of providing sanitary sewer service not only to the Waterview Addition, but the ultimate urbanization of the S. Dodd Road area and the east side of TH 3 south of Weston Hills. It was determined that sanitary sewer could be extended south from the Lakeview Trail Addition either along Dodd Road or TH 3 to the Waterview Addition. Although the TH 3 alignment resulted in slightly higher City costs, the Dodd Road alignment would have resulted in additional assessments to existing homesites in that area. At that time, it was not anticipated that development east of TH 3 would occur for several years. Now, with the school scheduled to open in the Fall of 1995, and the recent approval of the Pines Edge development requiring access from TH 3, the reconstruction of TH 3 is now scheduled for mid to late Summer of 1995. This schedule and economics diminishes the feasibility to extend the sanitary sewer south along TH 3 this year in a time frame to accommodate the development schedule of the Waterview Addition. ISSUES 1. Watermain should be extended south on Dodd Road from McFadden's Trail (Lakeview Trail Addition) to Waterview Addition which would normally result in lateral and area wide assessments. 2. If sanitary sewer is extended to Waterview Addition along TH 3 in 1994, it will require the removal and reconstruction of portions of TH 3 which is scheduled to be rebuilt Tess than 1 year later. 3. If sanitary sewer is extended south along Dodd Road, its depth (20' -24') will require the complete removal of Dodd Road from Lakeview Trail to Waterview Addition. 4. The southerly extension of sanitary sewer in Dodd Road will result in lateral and area assessments to existing homeowners. 5. If the reconstruction of Dodd Road is performed to City standards (i.e. curb and gutter), special assessments would normally be levied against adjacent frontage. OPTIONS Watermain 1. Assess area -wide and lateral benefit assessments from the Dodd Road trunk watermain extension to all adjacent and district served properties. 2. Assess lateral benefit to adjacent properties only. 2 3. Assess 50% of lateral benefit to adjacent properties only. 4. Either #2 or #3 with the trunk area and /or remaining portion of unassessed lateral benefit to be collected at time of future development and /or direct connection through special agreement. Sanitary Sewer 1. Extend sanitary sewer south along TH 3 in 1994 at an increased construction and reduced assessment revenue basis. 2. Extend sanitary sewer south on Dodd Road from Lakeview Trail to Waterview Addition and special assess lateral benefit and area -wide assessments to all benefitted properties in the district. 3. Extend sanitary sewer south on Dodd Road and assess lateral benefit only deferring area -wide assessment against nondeveloping properties until development or connection. Dodd Road Reconstruction 1. Reconstruct Dodd Road to its existing rural 24' wide bituminous surfacing with no assessments and include the cost of resurfacing as a part of the watermain and sanitary sewer construction. 2. Reconstruct Dodd Road to current City standards and special assess adjacent properties for benefit received. CONSIDERATIONS Watermain 1. An offer was made to the residents along N. Dodd Road under Project 635 that only 50% of the lateral benefit would be assessed with the remaining 50% trunk area to be deferred until development and /or connection (property owners did not accept this offer and have subsequently appealed their full lateral benefit assessment. Trunk area was not levied). 2. During neighborhood meetings with residents of S. Dodd Road, residents were offered the same option that the N. Dodd Road residents rejected. 3 Sanitary Sewer 1. With the Council's determination that S. Dodd Road will remain designated in the City's urbanized service area, sanitary sewer will eventually have to be constructed in Dodd Road. Due to its depth (20' -24'), installation at a later date will require the removal of the shallower (7') watermain to be constructed at this time. 2. The dust control overlay on Dodd Road built in 1988 had an estimated life of approximately 8+ years. City standard streets are not constructed prior to the installation of sanitary sewer and water. If sewer and water are now installed in this segment of Dodd Road, it would be timely to construct this to current City standards connecting the Waterview Addition with the Lakeview Trail Addition urban developments. 3. The southerly extension of sanitary sewer along the west side of TH 3 involves difficult and expensive construction adjacent to a wetland requiring a gas main to be taken out of service and relocation of power poles. The southerly extension along the east side of TH 3 requires two expensive jackings underneath TH 3 (approximately $20,000 each) to avoid the wetlands and gas mains. SUMMARY Several of these options will result in significant concerns to either the developer of the Waterview Addition, the City financing structure and /or existing property owners along S. Dodd Road. The staff would like direction from the City Council as to how to proceed with the preparation of the feasibility report to present this at a public hearing. Respectfu i submitted, d irector of Public Works TAC /jj Attachments: Area Map cc: Mike Foertsch, Assistant City Engineer Mark Hanson, Consulting Design Engineer John Wingard, Development /Design Engineer Peggy Reichert, Director of Community Development 4 S1HDGH ]/\01D 63ANl AO ).11O iiECEIVEO nAY ARGON DEVELOPMENT, INC. 1 DEVELOPERS - PLANNERS - CONTRACTORS _J PHONE 612/835 -0981 • FAX 612/835 -0069 • 7625 METRO BLVD. • SUITE 140 • EDINA. MINNESOTA 55439 May 9, 1994 Mr. Thomas A. Colbert, P.E. Director of Public Works City of Eagan 3830 Pilot Knob Road Eagan, Mn. 55122 -1897 Re: Public Improvements to Serve Fitz Property Dear Tom, As you are aware, the City Council approved the Rezoning and Preliminary Plat for Arcon Development, Inc.'s Waterview Subdivision on Tuesday, the 3rd of May. However, it is our understanding the Public Improvement Project to extend utilities to the Fitz property was not discussed or had been dropped because of the original denial of the rezoning. am therefore petitioning the City of Eagan for utility extensions to the Fitz property. Arcon proposes to install all interior public improvements in the Waterview subdivisions by private contract. I would hope that this item could be placed on the next available consent agenda so this project can get underway as soon as possible. Arcon will be applying for a grading permit in the near future. If you have any questions or need any additional information please contact me at 835 -4981. Thank you for your attention to this matter. Very truly yours, '7 Larry D. Frank Project Manager Arcon Development, Inc. AN EQUAL OPPORTUNITY EMPLOYER /3 -7 May 20, 1994 MR LARRY D FRANK PROJECT MANAGER ARCON DEVELOPMENT INC 7625 METRO BLVD SUITE 140 EDINA MN 55439 Re: Project 666R, Waterview Addition (Sanitary Sewer & Water) Dear Larry: city of acigcin Recently, you sent a letter to my attention petitioning the City to extend sanitary sewer and water facilities as necessary to service the proposed Waterview Addition development. The City will be revising the original feasibility report that was presented and subsequently cancelled at the Council meeting on December 21, 1993. Since that time, City staff, Council, and property owners in the S. Dodd Road area have had several meetings regarding the future urbanization and extension of utilities to this area. As a result of those meetings, the City Council has upheld the Comprehensive Guide Plan's intent to extend utilities to allow full development in this area. However, during that time, other development proposals have surfaced in the general area (i.e., ISD #196 elementary school) that create a scheduling problem with the original proposed alignment of extending sanitary sewer to your development south along TH 3. Subsequently, we are currently evaluating different options for extending the utilities to the Waterview Addition in a timely manner. Once a particular option has been deemed most feasible and acceptable, a revised feasibility report will then be prepared, presented to the City Council, and a new public hearing will be scheduled. The following is our best projection for the time table this process could take: • Present revised feasibility report . June 21 • Hold public hearing July 19 • Present plans /order bids August 16 • Contract award September 20 • Construction start October 1 • Completion November 23± 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 llon Employer 1 , THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrator E. J. VAN OVERBEKE City Clerk MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN. MINNESOTA 55122 PHONE: (612) 681-4300 FAX: (612) 681.4360 TDD: (612) 454 -8535 Page 2 Some of the complexities that have to be resolved pertain to the scheduling of the Trunk Highway 3 /school road intersection improvements scheduled for 1995 which would result in a delay of bringing the necessary sanitary sewer south along TH 3 to the Waterview Addition. The alternative would be to extend sanitary sewer south along Dodd Road from the Lakeview Trail Addition requiring an expanded scope of properties proposed to be assessed for lateral benefit from sanitary sewer as well as possible road improvements in Dodd Road requiring new public hearings. Understanding it is difficult to describe the details and complexities in this letter format, would be happy to explain them in greater detail with you at your convenience. Please let me know if 1 can provide additional information. Sincerely, / le: s ( rr ( , u. Thomas A. Colbert, P.E. ` Director of Public Works TAC /jj J cc: Mike Foertsch, Assistant City Engineer Mark Hanson, Consulting Design Engineer John Wingard, Development Design Engineer Shannon Tyree, Project Planner /39 0 May 24, I titVELOPERS — PLANNERS - CONTRACTORS PHONE 612/835 -4981 • FAX 612/835 -0069 • 7625 METRO BLVD. • SUITE 140 • EDINA, MINNESOTA 55439 Mr. Thomas Colbert P.E. Director of Public Works City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 -1897 Dear Tom: RECEWED MAY 2 6 1994 ARGON DEVELOPMENT, INC. Lynn Sund and I met with staff Monday morning to discuss final plat procedures for Waterview. Arcon has two primary concerns regarding the Waterview Addition. The first concern is the timing for the feasibility report, public hearing, plans, bids, ect. The proposed completion date for this project is very late in the season for completion and restoration depending on the weather. We would like this schedule moved up if possible with the public hearing date moved to July 5th. This would hopefully allow for a better construction period. We question the apparent lack of confidence in the original "Report for Waterview Addition - Utility Extensions, City Project No. 666 ", File No. 49548, dated November 1993. We understand the proposed school site is new, however it has no bearing on the extensions of sanitary sewer to the Waterview area. It is important that Arcon can connect to the sanitary sewer no later than October 15th, consequently our concern for the timing issue. Finally an item of paramount concern to us is condition #15 of approval which states: The development shall financially guarantee the costs for the installation of all public utilities and streets necessary to service or accommodate the proposed development located beyond the boundaries of said development" Mr. Scott Johnson, President of Arcon Development objected to this condition at a city staff meeting. A letter to you dated October 14, 1993, stated, " Arcon requested the City of Eagan extend sanitary sewer and watermain south to the Fitz property by public contract and assess the benefiting properties accordingly to City ordinances and Minnesota statutes." We will be responsible for standard area trunk fees but will not be responsible for off site improvement costs when they do not abut the Waterview property. It is my understanding the City Council will have a workshop Tuesday the 24th and AN EQUAL OPPORTUNITY EMPLOYER sumo riot' Waterview utility extensions will be on the agenda to discuss. I respectfully request you bring forth Arcon's concerns regarding the Waterview project. I look forward to hearing from you regarding these issues. Very Truly Yours ARCON DEVELOPMENT, INC. Larry D. Frank Project Manager cc. Tom Hedges, City Manager Tom Eagan, Mayor Agenda Information Memo June 7, 1994 City Council Meeting PRELIMINARY PLAT/VARIANCE /AMUNDSON CORNER ADDITION E. Preliminary Plat, Amundson Corner Addition /Gilbert Amundson, consisting of two Lots on 1.25 previously zoned R -1 (Single Family) acres located at the northeast intersection of Lenore Lane and Cliff Road in the southeast quarter of Section 29 and a Variance of 25' to the Dakota County required 50' right -of -way dedication along Cliff Road Amundson is requesting a preliminary plat approval for two lots on 1.28 acres of R -1 zoned property located at the northeast intersection of Cliff 'Foal and Lenore Lane. The staff report on this item is enclosed on pages through The Advisory Planning Commission conducted a public hearing on this proposed plat at its meeting of May 24, 1994. The Advisory Planning Commission recommends approval of this prelimin;ry plat subject o seven conditions set forth in their minutes which are enclosed on pages / through /lj(1 The Commission also recommends to the City Council that the City formally request a variance of 25 feet to the Dakota County required 50 foot right -of- way dedication along Cliff Road. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat for Amundson Corner Addition /Gilbert Amundson consisting of two lots on 1.25 acres zoned R -1 located at the northeast intersection of Lenore Lane and Cliff Road subject to the seven conditions recommended by the Planning Commission; to authorize City staff to formally request a variance of 25 feet to the Dakota County required 50 foot right -of -way dedication along Cliff Road as it would affect the Amundson Corner Addition. fq-c) SUMMARY OF REQUEST AUTHORITY FOR REVIEW PLANNING REPORT CITY OF EAGAN REPORT DATE: May 17, 1994 CASE #: 29- PP- 12 -4 - APPLICANT: Gilbert Amundson HEARING DATE: May 24, 1994 PROPERTY OWNER: Same PREPARED BY: Mike Ridley REQUEST: Preliminary Plat LOCATION: 1785 Cliff Road (SE 1/4 Section 29) COMPREHENSIVE PLAN: D -I, Single Family (0-3 u /ac) ZONING: R -1, Single Family The applicant is requesting a Preliminary Plat (Amundson Corner Addition) consisting of two lots on 1.28 acres of R -1 zoned property located at the northeast intersection of Cliff Road and Lenore Lane (PID# 10- 17750- 090 -03). City Code Chapter 13, Section 13.20, Subd. 6. states: In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. Planning Report - Amundson Corner May 24, 1994 Page 2 F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgement of court. H. That completion of the proposed development of the subdivision can be cornpleted in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan ". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Phan and make the same available to the public. BACKGROUND /HISTORY The existing home was built in 1965. In November 1989, as part of City Project #545, Clearview Addition; the applicant and the City entered into an assessment deferment agreement. This agreement acknowledged that Lot 9, Block 3, Clearview Addition could be subdivided to create another buildable lot. The assessment was divided against two lots with the yet to be created parcel's share being deferred for five years or until a lot subdivision occurred, whichever came first. Planning Report - Amundson Corner May 24, 1994 Page 3 EXISTING CONDITIONS The City Code requires a 50' building setback from Cliff Road. The applicant's existing home setback 54' from Cliff Road however the existing garage is setback only 35'. When the garage was built it met City setback requirements and therefore is a legally existing non- conforming structure. The house and garage are located in the south - central portion of the site and exceeds all R -1 zoning district requirements. The site contains 26 significant trees as defined in the City's Tree Preservation Policy. Site grades vary with the northern 1/3 of the site being up to 10' lower than the southern 2/3. SURROUNDING LAND USES The following uses, zoning and comprehensive plan designations surround the subject property: North - Eden Addition; zoned PD R- 1 /R -3; designated D -II, Mixed Residential (0- 6u /a). South - Ridgecliffe 1st Addition; zoned R -1; designated D -I, Single Family. East - Woodgate 2nd Addition; zoned PD; designated D -II, Mixed Residential (0- 6u /a). West - Clearview Addition; zoned R -1, designated D -I, Single Family. EVALUATION OF REQUEST A. Preliminary Plat Review Density As proposed, the density will be 1.6 units /acre which is consistent with the existing zoning (R -1) and Comprehensive Plan designation (D -I). Ula The R -1 zoning district requires minimum lot size and width of 12,000 s.f. and 85' respectively. This subdivision will result in a 20,000 s.f., 100' wide, Lot 1, Block 1 and a 36,000 s.f., 180' wide Lot 2, Block 1. Setbacks The lot size and configuration will allow setback requirements to be met. 14S Planning Report - Amundson Corner May 24, 1994 Page 4 Tree Preservation Policy Because there will be no grading until the building permit is issued, tree preservation issues will be reviewed at that time. Parks and Recreation At their May 16, 1994 meeting, the Advisory Parks, Recreation, and Natural Resource Commission (APRNRC) recommended a cash parks, trails, and water quality dedication. Grading /Wetlands The preliminary grading plan submitted with this application shows that a minimal amount of grading will be necessary to prepare this site for the proposed house to be built on Lot 1. To minimize the amount of fill necessary for the house on Lot 1, the developer proposes to have a first floor elevation of the house approximately 5 feet lower than the elevation of Lenore Lane. Therefore, the grade of the driveway from Lenore Lane will slope backwards towards the house. There are no wetlands on this development, however, there is a landlocked low area along the west edge of the development. The landlocked low area straddles the proposed property line in between Lots 1 and 2. The development will be responsible for constructing a drainage swale that will require 2 -3 feet of excavation to provide an overland outlet for the landlocked low area. The drainage swale would protect the proposed house on Lot 1 from flooding. Also, the lowest entry level elevation of the house needs to be 3 feet above the high water level of the landlocked low area. The drainage swale could be constructed in the easement along the lot line in between Lots 1 and 2 and drain in an easterly direction towards the low area to the east of this development. The small increase in storm water runoff that will be added to the single - family area to the east should not cause any erosion problems. The developer's builder will be responsible for installing and maintaining erosion control methods in accordance with the City's Erosion /Sediment Control Standards. Storm Drainage /Water Ouality The drainage from this development drains easterly to Pond BP -22 which is a pond in the City's Comprehensive Storm Water Management Plan. Pond BP -22 is classified as a wildlife Planning Report - Amundson Corner May 24, 1994 Page 5 habitat water body. Due to the small increase in storm water runoff generated from the additional lot, on -site ponding for water quality treatment is neither necessary or practical. Therefore, staff recommends a cash dedication for water quality. Utilities Sanitary sewer and water services provided to Lot 1 will be provided from Lenore Lane. An existing 12" sanitary sewer line that is approximately 20 feet deep will need to be tapped for the extension of sanitary sewer service to the proposed house. The existing 6" watermain that is along the west edge of Lenore Lane will need to be connected to for the proposed water service to serve the proposed house on Lot 1. The existing 12" sanitary sewer and 6" watermain in Lenore Lane were constructed by the City in the late 1970's with City Project No. 167. Sewer and water services were not provided to the proposed Lot 1. There is an existing hydrant located along the west edge of Lenore Lane in the northwest corner of this development that will provide adequate fire protection to this area. Access /Street Design Street access is readily available to serve the proposed house on Lot 1 from Lenore Lane. Lenore Lane was upgraded to a 32 -foot wide bituminous street with B -618 concrete curb and gutter in 1990 under City Project No. 545. The preliminary site plan shows the driveway for Lot 1 will be constructed along the north edge of Lot 1 and it will connect to Lenore Lane. The driveway connection to Lenore Lane will require the removal of the existing B- 618 curb and gutter and the construction of a new drop curb for the driveway opening. The existing driveway that serves the existing house on Lot 2 connects to Lenore Lane and to Cliff Road. Dakota County requires restricted access along the Cliff Road side of Lot 2; the existing driveway connection to Cliff Road will be required to be removed. This will require the removal of the drop curb driveway opening at Cliff Road and be replaced with the B -618 curb and gutter through the old driveway opening. Easements /Right -of- Way /Permits The proposed drainage swale that will be constructed to drain the landlocked low area on the west side of Lots 1 and 2 will need a 20 foot wide easement centered over the drainage swale. The area of the landlocked low area that will remain below the elevation of the drainage swale will need to have a drainage and utility easement dedicated over it. Planning Report - Amundson Corner May 24, 1994 Page 6 Per Dakota County, the development is required to dedicate restricted access along C.S.A.H. #32 (Cliff Road) along the south edge of Lot 2, and an additional 50 feet of right -of -way across the south edge of Lot 2 to provide a total of 100' half right -of -way for C.S.A.H. #32 (Cliff Road). Typically, the county requires a 75' half right -of -way for County and State Aid Highways. However, Dakota County's traffic counts for this portion of Cliff Road indicate the potential need for six lanes of traffic on Cliff Road at some point in the future. The additional dedication of 50 feet will result in the existing home having a 4' setback from county R -O -W and approximately half of the applicant's existing garage being located within the R -O -W. According to Gary Stevenson, Dakota County Surveyor & Land Information Director, the county will not allow any structures to be located within the R -O -W which will force the applicant to remove his garage. Mr. Stevenson also stated that Dakota County is willing to consider a variance to the right -of -way requirement if the request is made by the local governmental unit. The development will be responsible for ensuring that all regulatory agency permits (MPCA, MN Dept. of Health, MWCC, Dakota County Highway Department, etc.) are obtained prior to final plat approval. Compatibility with Surrounding Area The subdivision will create an additional single family lot that will be compatible with surrounding area. SUMMARY /CONCLUSION There are no wetlands subject to regulation under the Wetlands Conservation Act relative to this plat. The proposed subdivision is consistent with the existing zoning and guide plan designation as well as the development in the general area. There is adequate access to City streets and services. Also, as discussed earlier, the potential for creating an additional single family lot has been understood for a number of years. The major issue with this proposal is the right -of -way dedication along Cliff Road. This will have to be resolved prior to final plat approval. ACTION TO BE CONSIDERED To approve /deny the preliminary plat for two lots on 1.28 acres. 'Fs Planning Report - Amundson Corner May 24, 1994 Page 7 CONDITIONS OF PRELIMINARY PLAT APPROVAL 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with: Al, Bi, B2, B3, B4, Cl, C2,0,C4,D1, El, Fl, G1 and Hl. 2. The development shall construct a drainage swale to drain the landlocked low area that is located in the west edge of the development to drain the area in a northeasterly direction. 3. The developer shall dedicate additional right -of -way along C.S.A.H. #32 (Cliff Road) as required by Dakota County. 4. Restricted access shall be dedicated along Cliff Road, and the existing driveway opening that connects to Cliff Road shall be removed and replaced with B -618 concrete curb and gutter. 5. The developer will be responsible for providing sanitary sewer and water service from Lenore Lane to Lot 1. 6. The Lot 1 driveway connection to Lenore Lane will require removal of the existing B618 curb and gutter and the construction of a new drop curb for the driveway opening. 7. The development is required to pay a cash parks, trails, and water quality dedication. SUPPLEMENTAL ACTION TO BE CONSIDERED To approve /deny a recommendation to the City Council that the City formally request a variance of 25' to the Dakota County required 50' right -of -way dedication along Cliff Road. l�� A. Financial Obligations STANDARD CONDITIONS OF PLAT APPROVAL 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. 3. This development shall ensure that all dead -end public streets shall have a cul -de -sac constructed in accordance with City engineering standards. So D. Public Improvements E. Permits F. Parks and Trails Dedication G. Water Quality Dedication H. Altar 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. 1. tf any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. 1. This development shall fulfil its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. 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. 1. AU 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'S STANDARD.CON /51 City Council September 15. 1987 Revised: July 10. 1990 Revised: February 2. 1993 FINANCIAL OBLIGATION - Amundson Corner There are pay -off balances of special assessments totaling $4,899 on the parcel proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At the time this report was prepared, there was a pending assessment of $4,669.65 related to Project 545. The pending assessment will be allocated to the lots created by the plat. 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 Sanitary Sewer Trunk S.F. $775/lot 1 lot $ 775 Water Trunk S.F. 810 /lot 1 lot 810 Lateral Benefit Water S.F. 16.50/ff 50 ff 825 TOTAL SAO P AUK . n It•H.(M n R It•JICRTTYst PT • u• K M• MWW ►T •• ••• It •• PT •• STIL+PT It•t(M4 Pt 1 • aC( K 11- P T• ►t . LL ►T L.STA P1- ••THOC(M •T tE Kan% R ug n 17: t•IKIIII R KTA •I 1I• TM n ls3 LOCAT10H 7 0Nli\IG GUIDE PLAN rIwECT I OF 1 I MI W ▪ / -9Y -/K /OOECT IS ▪ 4rfi hook i ..al ME��M •EY1710M7 M M iv �M rt. 1 PRELIMINARY PL L 1DS0N?S CORNER ADDITION 101111s. �- James R. Hill inc. i i P; � ;Em„u,_ ' S s .11 p' re 1 I 1 1 , I r�-� — I r 1 r - I II I1 b r \ I ia., , ^ j la i " � - =' :� - 1 ..4.1 1 v /'' 1 I ( (. �� H.--1 1 l \ 0 o --e- I 141 RI NOTIV3IJIBSYll 11401 / ....... u..1... YE •.MW ■ \ Y. • MIEN rw ••••l .•• . M ...AIM 1. - L 0 T 1 4 1 1 �.. :.•. .; . ..• ' p---' - . - - -. .•� ..,:�, .:: 1 I r ti t .•. . •.•: ...•.r: •.• . _4 . --; 1 , ± `�II''i: _ L O T 1 0 • • I 1 • 1 mem moues mewl I we •C II �� /Ir •// /•. DAlc L -M K at wino. o• • (N Y PRELIMINARY PLAT AMUNDSON'S CORNER ADDITION If II; I; I t `, James R. Hill, me ' pumps ' ENCNEEN6'u'rE`Oa / 11. • 1r r al.... IN I ..... •• NW 111,1•••.1 Or •141• / ....... u..1... YE •.MW ■ \ Y. • MIEN rw ••••l .•• . M ...AIM 1. - L 0 T 1 4 1 1 �.. :.•. .; . ..• ' p---' - . - - -. .•� ..,:�, .:: 1 I r ti t .•. . •.•: ...•.r: •.• . _4 . --; 1 , ± `�II''i: _ L O T 1 0 • • I 1 • 1 mem moues mewl SENT BY: 6- 1 -94 ;11 :42AM ;SEVERSON WILCOX SHEL - 612 681 4612 ;# 2/ 9 MINUTES 08 A REGULAR MEETING OF TEE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA MAY 24, 1994 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, May 24, 1994, at 7:00 p.m. at the Eagan Municipal Center. Present were members Voracek, Markley, Heyl, Miller, Isberg, Wallace, and Segal. Also present were Community Development Director Reichert, City Planner Sturm, Assistant City Engineer Foertsch and City Attorney Dougherty. ACGKNDP1 Chairman Voracek addressed the issue of continuing Item H under New Business pursuant to the City Attorney's memorandum included in the packet. He surveyed the audience for any persons present at the hearing for Item H, noting that the matter may be continued. No persons in the audience were present for Item H. Project Planner Ridley noted that Item C under New Business was withdrawn at the request of the applicant. Wallace moved, Heyl seconded, the motion to approve the agenda as amended. All present voted in favor. MINUTES April 26, 1994. Member Miller noted revisions on Page 8 and 19. Member Merkley noted a change on Page 3, clarifying that Miller, not Merkley, made the motion on the items. Isberg moved, Heyl seconded, the motion to approve the April 26, 1994 Advisory Planning Commission minutes as amended. All present voted in favor. Chairman Voracek explained the Advisory Planning Commission procedure to the public. Chairman Voracek opened the first public hearing of the evening regarding a Preliminary Plat consisting of two lots on 1.25 previously zoned R -1 (Single Family) acres located at the NE intersection of Lenore Lane and Cliff Road in the SE 1/4 of Section 29. R =95% AMUNDSON CORNS ADDITION - GILBERT AMUNDSON 612 432 3780 06 - 01 - 94 11:41AM P002 #07 SENT BY: PAGE 2 /ADVISORY PLANNING COMMISSION MINUTES MAY 24, 1994 Project Planner Ridley introduced this item. He stated that the applicant is requesting a Preliminary Plat consisting of two lots on 1.28 acres of R -1 zoned property located at the NE intersection of Cliff Road and Lenore Lane. He further stated that the subject property is surrounded by R -1 zoned property to the north, south and west and a zoned PD to the east. Mr. Ridley stated that the preliminary plat as proposed has a density of 1.6 units /acre and Lot 1 would be 20,000 sq. ft. and 100 feet wide and Lot 2 would be 36,000 eq. ft. and 180 feet wide. He stated that the proposed lot sizes and configuration will allow setback requirements to be met. He further stated that on the proposed Lot 2, there is an existing house that was built in 1965. He explained that City Code requires a 50 foot building setback from Cliff Road and the existing home has a 54 foot setback but the existing garage has a 35 foot setback. Mr. Ridley explained, however, that when the garage was built it met the existing City setback requirements, and therefore, it is a legal nonconforming structure. Mr. Ridley advised that the Advisory Parks, Recreation, Natural Resources Commission recommended a cash parks, trails and water quality dedication. Further, because there will be no grading until the building permit is issued, tree preservation issues will be reviewed at that time. Mr. Ridley stated that street access is readily available to serve the proposed house on Lot 1 from Lenore Lane and that there is an existing driveway that serves the existing house on Lot 2 from Lenore Lane and Cliff Road. Additionally, because Dakota County requires restricted access on Cliff Road, the existing driveway connection to Cliff Road is required to be removed. Further, Dakota County is requiring the applicant to dedicate an additional 50 feet for county right -of -way purposes across the South edge of the proposed Lot 2 which will provide a total of 100 feet half right-of-way for Cliff Road. He noted that the additional 50 feet dedication will result in the existing home having a 4 foot setback from the County right -of -way and that the existing garage will be within the right -of -way itself which is not permitted by the County. Accordingly, Mr. Ridley advised that the applicant will be forced to remove the existing garage or request a variance to the 50 foot right -of -way requirement to 25 feet through the City. Finally, Mr. Ridley stated that the proposed subdivision is consistent with the existing zoning and guide plan designation in the general area. Additionally, there is adequate access to the proposed lots. The applicant, Gilbert Amundson, was present but had no comment. Member Segal inquired with the applicant that if Dakota County did not grant a variance where would he move the existing garage. The applicant stated that there is no place to move the garage and added that the additional 50 feet will also take the existing driveway. R =95% 6- 1 -94 ;11.42AM ;SEVERSON VP I LCOX SHEL -i 612 681 4612;# 3/ 9 /a 612 432 3780 06 - 01 - 94 11:41AM 2003 #07 SENT BY; PAGE 3 /ADVISORY PLANNING COMMISSION MINUTES MAY 24, 1994 Member Isberg inquired as to the legal implications of a building within a County right -of -way to which City Attorney Dougherty stated that that is a question of the County's concern, not the City, because it is a County right -of -way. Member Isberg further questioned what Dakota County's policy was for no structures within a right -of -way. Project Planner Ridley responded that the policy is very similar to the City's policy of no structures within a City right -of -way for liability and maintenance concerns. City Attorney Dougherty added that if the right -of -way is dedicated now, then the County will not have to deal with the issue when it is ready to expand Cliff Road. Member Isberg further inquired that in any event, therefore, the property owner will have to move the existing driveway and garage to which City Attorney Dougherty responded "Yes." Member Merkley stated that he supports requiring a variance to be requested as a condition to the preliminary plat approval. Member Segal further stated that he is in favor of approving the application, adding that the garage was placed lawfully and if the County needs the right -of -way then they can proceed with condemnation proceedings. Segal moved, Wallace seconded, the notion to approve a Preliminary Plat consisting of two lots on 1.25 previously zoned R -1 (Single Family) acres located at the NE intersection of Lenore Lane and Cliff Road in the SE 1/4 of Section 29, subject to the following conditions: R =95% 6- 1 -94 ;11 ;43AM ;SEVERSON WILCOX SHEL- 612 681 4612;# 4/ 9 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with; A1, 81, B2, B3, B4, Cl, C2, C3, C4, D1, El, F1, G1 and H1 2. The development shall construct a drainage Swale to drain the landlocked low area that is located in the west edge of the development to drain the area in a northeasterly direction. 3. The developer shall dedicate additional right -of -way along C.S.A.H. #32 (Cliff Road) as required by Dakota County. 4. Restricted access shall be dedicated along Cliff Road, and the existing driveway opening that connects to Cliff Road shall be removed and replaced with B -618 concrete curb and gutter. /i7 612 432 3760 06 -01 -94 11:41AM P004 #07 SENT BY R =95% PAGE 4 /ADVISORY PLANNING COMMISSION MINUTES MAY 24, 1994 All present voted in favor. All present voted in favor. 6 1 - 94 ;11:43AM ;SEVERSON WILCOX SFIEL 612 681 4612;# 5/ 9 5. The developer shall be responsible for providing sanitary sewer and water service from Lenore Lane to Lot 1. 6. The Lot 1 driveway connection to Lenore Lane will require removal of the existing 8618 curb and gutter and the construction of a new drop curb for the driveway opening. 7. The development is required to pay a cash parks, trails, and water quality dedication. Segal moved, Wallace seconded, the motion to approve a recommendation to the City Council that the City formally request a variance of 25 feet to the Dakota County required 50 feet right -of -way dedication along Cliff Road. (C 612 432 3780 06 - 01 -94 11:41AM P005 #07 Agenda Information Memo June 7, 1994 City Council Meeting PLANNED DEVELOPMENT AMENDMENT /HOYT PROPERTIES INC F. Planned Development Amendment /Hoyt Properties, Inc., to the Hadler Park Planned Development to allow an office use for Lot 4, Block 1, Hadler Park Addition, located along the south side of Cliff Road, west of Rahn Cliff Road in the northeast quarter of Section 31 - -Hoyt Properties, Inc. has requested an amendment to the Hadler Park Planned Development to allow an office and educational use in the existing 14,000 square foot building at 2030 Cliff Road located south of Cliff Road, north of Rahn Way and west of Rahn Cliff Road. This planned development amendment is intended to allow the former Dakota County Western Courthouse facility to be utilized by School District 196 as an educational center with associa a administrative offices. The staff report on this item is enclosed on pagesff� rough associa The Advisory Planning Commission conducted a public hearing on this matter at its meeting of May 24, 1994. The Planning Commission recommended approval of this amendment subject to the one condition re arding landscaping identified in the Commission minutes which are enclosed on page gt ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an amendment to the Hadler Park planned development subject to the condition recommended by the Planning Commission. (Cop( PLANNING REPORT CITY OF EAGAN REPORT DATE: May 17, 1994 APPLICANT: Hoyt Properties, Inc. PROPERTY OWNER: David J. Unmacht REQUEST: Planned Development Amendment LOCATION: Lot 4, Block 1, Hadler Park (NE 1/4 Section 21) COMPREHENSIVE PLAN: Commercial Planned Development (CPD) ZONING: Planned Development (PD) SUMMARY OF REQUEST BACKGROUND /HISTORY CASE #: 31- RZ- 8-4 -94 HEARING DATE: May 24, 1994 PREPARED BY: Mike Ridley An application has been submitted requesting an amendment to the Hadler Park Planned Development to allow an office & educational use in the existing 14,000 s.f. building at 2030 Cliff Road, located south of Cliff Road, north of Rahn Way, and west of Rahncliff Road. Until March 4, 1991, the building operated as the Dakota County Western Courthouse Facility. The property was part of the Mission Hills South Planned Development and zoned Planned Development - Limited Business (PD -LB), with a Land Use Designation of Public Facility (PF). In September 1991, the City Council approved a Comprehensive Guide Plan Amendment from PF to Commercial Planned Development (CPD), and the creation of the Hadler Park Planned Development, which specified the following land uses: A 12,500 s.f. drug store, one 8,000 s.f. & one 6,000 s.f. Class I restaurant, and a 14,000 s.f. medical clinic. An overall landscape plan was also approved as part of the Hadler Park plat and PD. The applicant will be responsible for providing landscaping consistent with this plan. To date, only the 12,500 s.f. drug store (Walgreens; Lot 3, Block 1) has developed while the old courthouse has remained vacant. Hoyt Properties, Inc. has agreed to purchase the 14,000 s.f. building from Dakota County and is proposing to lease the site to Independent School District 196 (ISD #196). ISD #196 serves Apple Valley, Burnsville, Coates, Eagan, Inver Grove Heights, Lakeville, Rosemount, and Empire and Vermillion Townships. Planning Report - Planned Development Amendment May 24, 1994 Page 2 SURROUNDING LAND USE The following uses, zoning and comprehensive plan designations surround the subject property: North - Two undeveloped restaurant lots (Class I); zoned PD; designated CPD. South - Cedar Ridge Church; zoned PD; designated Public Facility, PF. East - Rahncliff Crossings; zoned PD; designated Roadside Business, RB. West - MnDot Drivers Test Center; zoned PF; designated Limited Business, LB. REVIEW The specific uses intended for this building are: * Early Childhood Family Education (ECFE) programs. * Learning Readiness programs. * Adult Basic Education (ABE) programs. * Head Start programs. * Administrative offices for ABE, ECFE, and Head Start. The space breakdown is estimated as follows: Office 3,200 s.f. Educational 5,700 s.f. Common 4,500 s.f. The applicant anticipates a staff of approximately 38. The majority of the transportation to the facility will be via automobile traffic as opposed to school bus traffic. The hours of operation will be 8:OOam - 9:OOpm Monday - Thursday; and 8:OOam - 4:OOpm Saturday The Hadler Park PD calls for a medical office use on Lot 4 and the proposed parking of 96 stalls for this lot is sufficient for a medical use (1 stall for each 150 s.f. of building space). The proposed amendment to allow office and educational space will result in a parking demand less than a medical or straight office use. � c.3 Planning Report - Planned Development Amendment May 24, 1994 Page 3 ,SUMMARY /CONCLUSION The proximity of the building to surrounding uses and the intensity of the proposed use in contrast to a medical clinic, will result in a land use that should be compatible with other uses in this area. ACTION TO BE CONSIDERED To approve /deny the proposed amendment to the Hadler Park Planned Development to allow non - medical office and educational uses on Lot 4, Block 1, Hadler Park, subject to the following: 1. Landscaping, as proposed on the approved Hadler Park Landscape Plan on file with the City, is required. A financial guarantee shall be provided to the City prior to the issuance of the building permit. RIVER H4 PARK Q P/E ADOIPt AND (1 , RR RI. f F PARR 1- NE Pr ;2- SLLEw P7 2 NNE PT 1!• LE4S10NE PT 3 We PT 14- 44001.42 PT 4 ANA •• 15 TIWEPSE PT 5 . 45•E40 PT 4 SOQPEL PT {.. AGE PT N- POT &PT T •gwSkll P7 LSTA PT- ▪ NIWDEN PT SE MOIITEM PT P 24E4404 PT 10' SIYKPM PT 10 £PPN4N PT 21. at,* •7 11 - .PUSH PT LOCATION 11 11111 11i1111 . o Aff1:14-tvli 1 1 SENT BY: R =95% PAGE 11 /ADVISORY PLANNING COMMISSION MINUTES NAY 24, 1994 6- 1 -94 ;11:43AM ;SEVERSON WILCOX SHEL 612 681 4612;# 6/ 9 PLANNED DBVBLOPMRS! ANENDIIENT - HOYT PROPSRTIBS, INC. Chairman Voracek opened the next public hearing of the evening regarding an Pimendment to the Radler Park Planned Development to allow an office use for Lot 4, Block 1, Hadler Park Addition located along the south side of Cliff Road west of Rahn Cliff Road in the NE 1/4 of Section 31. Project Planner Ridley introduced this item. Mr. Ridley stated that the applicant is requesting an amendment to the Hadler Park Planned Development to allow an office and educational use in the existing 14,000 sq. ft. building previously used as the Dakota County Western Court Facility. He stated that the subject property is located south of Cliff Road, north of Rahn Way and west of Rahncliff Road. Mr. Ridley stated that I.S.D. #196 intends to lease the building for educational programs such as early childhood family education, learning readiness, adult basic education and Headstart Program. The building will also be used as administrative offices for those programs. Mr. Ridley stated that the proximity of the building to the surrounding uses and the intensity of the proposed use in contrast to a medical clinic would be compatible with other uses in the area. Steve Hoyt, a representative of the applicant, stated that he believed the proposed uses of the building was compatible with the surrounding area. In response to Member Isberg's question, the applicant stated that I.S.D. #196 would have a ten -year lease on the building. Ron Sink of I.S.D. #196 explained the proposed uses for the building. Member Merkley commented that the building has sat empty for a very long time and that it is great sense to use the building for school district needs when there is a great need for schooling space. Merkley moved, Segal seconded, the notion to approve an Amendment to the Hadler Park Planned Development to allow an office use for Lot 4, Block 1, Hadler Park Addition located along the south side of Cliff Road west of Rahn Cliff Road in the NE 1/4 of Section 31, subject to the following condition: 1. Landscaping, as proposed on the approved Hadler Park Landscape Plan on file with the City, is required. A financial guarantee shall be provided to the City prior to the issuance of the building permit. All present voted in favor. t 3780 06 -01 -94 11:41AM P006 #07 Agenda Information Memo June 7, 1994 City Council Meeting COMPREHENSIVE GUIDE PLAN AMENDMENT /RAY CONNELLY G. Comprehensive Guide Plan Amendment, Ray Connelly, changing the land use category of approximately 7.93 acres from D -1 Single Family Residential (0 -3 units /acre) to NB (Neighborhood Business) located in the northwest corner of Lexington Avenue and Diffley Road in the southwest quarter of Section 23 - -Ray Connelly has requested a comprehensive guide plan amendment changing the land use category of approximately 7.63 acres at the northwest corner of Lexington and Diffley from D -1 to NB (Neighborhood Business). The staff report on this item is enclosed on pages //4 through /7G. The Advisory Planning Commission conducted a public hearing on this matter at its meeting of May :24, 1994. Although the staff report concluded that the proposed planned amendment was not consistent with the working policies of the commercial land use study, the Planning Commission, nevertheless, recommends approval of this guide plan amendment. The City Council i§iVected to the minutes of the Planning Commission, enclosed on pages / 7? through Arq which provide a summary of the Commission's deliberations and rationale. In anticipation of the City Council's deliberations on this proposed guide plan amendment, City staff has collected some additional information and consulted with our commercial study consultant, Ralph Chiodo. Neighborhood centers today are generally built in the range of 20,000- 25,000 square feet and serve about 1,000 households. We estimate that within the mile radius of the Lexington/ Diffley intersection, there are about 1,500 households. The existing neighborhood center on the southeast corner contains 18,800 square feet of commercial space. In addition, there is a daycare center of 5,800 square feet. Therefore, it appears that there is a demand in the neighborhood to support some additional commercial development. There is also an ample supply of commercially zoned land to accommodate this additional development. On the southeast corner, there remain 18 vacant acres zoned for neighborhood business that could accommodate additional commercial development. The policy question for the Council, therefore, is should additional land be added to the supply to serve this neighborhood area? Secondly, do we want to have our commercial nodes on two corners of the intersection? City staff also concurs with the Planning Commission's conclusion that single family development on the northeast corner is unlikely. We did question whether a neighborhood business use is the "highest and best use" for the property. We do feel there are other viable alternatives and we have developed some illustrative site plans for other uses, such as townhouses, which will be available for the Council to review if they so desire at the meeting on June 7. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a comprehensive guide plan amendment for Ray Connelly to change the land use category of approximately 7.93 acres from D -1 Single Family Residential to NB (Neighborhood Business) located in the northeast corner of Lexington Avenue and Diffley Road in the southwest quarter of Section 23. 6i) REPORT DATE: May 17, 1994 APPLICANT: Raymond Connelly PROPERTY OWNER: Kristina J. Allen REQUEST: Comprehensive Guide Plan Amendment LOCATION: SW 1/4 Section 23 COMPREHENSIVE PLAN: D -I (Single - family Residential, 0 to 3 units /acre) ZONING: ]PD(R -4) (Planned Development, Multiple) SUMMARY OF REQUEST PLANNING REPORT CITY OF EAGAN CASE #: 23- CG- 4-4 -94 HEARING DATE: May 24, 1994 PREPARED BY: Kristy Marnin Raymond Connelly has requested a Comprehensive Guide Plan Amendment changing the land use category of approximately 7.63 acres from D -I (Single - family Residential, 0 to 3 units per acre) to NB (Neighborhood Business) located in the northwest corner of Lexington Avenue and Diffley Road. The proposed uses include a daycare, medical clinic, drug store, restaurant, and convenience store with gas. BACKGROUND FOR REVIEW Over the past several months, the City has been conducting a comprehensive study of commercial land and development in Eagan to clarify the City's vision for commercial development into the future. The primary product that will result from this study is a new Commercial Land Use Plan Element and Map which will reflect the City's commercial development goals developed as part of the study process. Although the study is not yet fully complete, a set of working policies for use in evaluating land use plan amendments in the interim have been developed. These working policies were accepted by the City Council on May 3, 1994. BACKGROUND /HISTORY OF SUBJECT SITE In 1988, applications for a PD Amendment changing the underlying zoning within the Lexington South PD from R-4 (Multiple) to LB (Limited Business) and a Preliminary Plat, entitled Soderholm Addition, for three lots and an outlot for future development was submitted by Eagle Enterprises for City action. The three proposed uses for this plat were a child care facility, medical clinic and a bank. Following is a chronological outline of ( (i9 Planning Report - Raymond Connelly May 24, 1994 Page 2 action taken on these previous applications. May 26, 1988: Advisory Planning Commission recommends approval of the PD Amendment and Preliminary Plat. Motion approved 5 -2. June 21, 1988: July 19, 1988: City Council continues action on the items to allow the Dakota County Plat Commission to review the access issue. September 19, 1988: City Council continues action on the PD Amendment and Preliminary Plat to allow for further study of the issues, namely, access to the site from Diffley and Lexington which are both County roads. City Council denies the Comprehensive Guide Plan Amendment, PD Amendment and Preliminary Plat for the following reasons: 1. The development was inconsistent with the current Comprehensive Guide Plan and there was no reason to deviate from the Plan; 2. The development would create an access problem on Diffley and Lexington; 3. Commercial development was not warranted in the area; and 4. The development would intrude on the City water storage land. All voted in favor of the motion to deny, but Mayor Ellison and Councilmember Gustafson noted that they disagreed with items 1, 2 and 3 of the motion but agreed with item 4 and therefore voted for the motion. This 1988 application encompassed approximately 4.52 acres of land whereas the subject application encompasses an additional 3 + acres, for a total of approximately 7.63 acres. In 1989, applications for a Rezoning (PD Amendment) from R -4 to LB and a Preliminary Plat, also entitled Soderholm Addition, for eight lots, and a Conditional Use Permit for a pylon sign were submitted by Eagle Enterprises. This application encompassed approximately 7.89 acres, which is the entire area between the then - proposed Eagan 11 a Planning Report - Raymond Connelly May 24, 1994 Page 3 Evangelical Covenant Church and Diffley Road. Proposed uses for this project included a child care facility, clinic, bank, future LB uses, and retention of the City well facility and U.S. West utility building. Following is a chronological outline of action taken on these 1989 applications. March 28, 1989: April 18, 1989: Advisory Planning Commission recommends approval of the Comprehensive Guide Plan Amendment, Rezoning (PD Amendment), and Preliminary Plat. Motion approved unanimously. City Council denies the Comprehensive Guide Plan Amendment, Rezoning (PD Amendment), and Preliminary Plat for the following reasons: 1. There was no material change from the last proposal; 2. The retail study shows an excess of retail land across the street which is properly zoned but not developing; 3. Limited Business use is the most difficult zone in the City; 4. The Comprehensive Guide Plan shows D -I uses as a recent designation and should not change to commercial; and 5. There are continuing access problems onto Diffley and Lexington. Motion carried 3 to 2. Also, the subject site was initially part of the Multi - Family Residential Land Study conducted in. 1989 through 1991 ( "Area W'). However, the site was removed from the study prior to any Council action because of information provided by the City Attorney. The site is within the Lexington South Planned Development. According to a memo prepared by the City Attorney dated July 18, 1990, when a property is part of a PD with an executed PD Agreement, ". . . absent some evidence of default ... the owner of the property has a contractual right with the City for the zoning as identified in the Planned Development Agreement. It should be noted, though, that the Planned Development Agreement is set to expire in June of 1991, at which time unless some action has been taken in furtherance of the present zoning, the City would be in a much better position to rezone the property ... ". In other words, at the time of the Multi - Family Residential Land Study, the City was !�I Planning Report - Raymond Connelly May 24, 1994 Page 4 not in a good position to consider any rezoning of the property without the consent of the property owner because of the Lexington South Planned Development Agreement. SURROUNDING USES The adjacent property is developed with a variety of uses -- single - family residential to the west, a church, City well and U.S. West utility building to the north, a church and apartments to the east, and vacant land (proposed athletic fields) to the south. Also, a small strip retail center and daycare is located cater -corner southeast of the subject site. Approximately 15+ acres of vacant commercially guided and zoned land abuts the existing retail center. EVALUATION OF REQUEST The applicant has requested a change in the Comprehensive Land Use Guide Plan designation for the site from a residential land use category to a commercial land use category. Its current residential category, D -I (Single - family Residential, 0 to 3 units per acre), allows low density single - family residential development. However, its current zoning, PD(R -4) (Planned Development, Multiple), would allow multi - family residential development. The proposed commercial category, NB (Neighborhood Business), is characterized by smaller -scale retail, office and service businesses. Under the new categories developed as part of the Commercial Land Use Study, the NB category will become Neighborhood Commercial. If this proposed amendment changing the land use category to NB is approved, once the amended Commercial Land Use Plan Element is completed and adopted, the land use category for this site would become Neighborhood Commercial. This request, as such, will be reviewed in the context of the adopted working policies developed as part of the Commercial Land Use Study. Although the proposed concept plan represents a complete neighborhood -scale commercial center, which is compatible with the commercial working policies, changing the land use designation to commercial is contrary to the adopted working policy which states "Adding commercial land to the existing inventory should be discouraged unless said inventory is reduced in other locations or gaps in service areas exist ". Under these working policies, the service area of a Neighborhood Commercial node is assumed as a one -mile radius. In this particular case, a neighborhood commercial center already exists in the immediate area (cater - corner southeast across the Lexington Avenue /Diffley Road intersection), and vacant land currently designated for commercial development also exists adjacent to this existing neighborhood commercial center. Each of the proposed uses within this project; could theoretically be developed on the existing vacant commercial property to the southeast, given this adjacent property's commercial Comprehensive Guide Plan land use designation, its commercial zoning and its size. Planning Report - Raymond Connelly May 24, 1994 Page 5 Given the variety of existing surrounding land uses (single - and multi - family residential, churches, commercial and future athletic fields), neither the existing Comprehensive Guide Plan land use designation of D -I, the existing zoning of PD(R -4), nor the proposed land use designation of NB is completely compatible with all adjacent uses. As such, development of this site with residential or commercial uses will require adequate buffering and site design to ensure appropriate transitions between differing land uses. Access to the site will also be an issue whether developed with residential or commercial uses. Access to both Lexington Avenue and Diffley Road will be limited by County requirements. Should the proposed land use change be approved, development of the site would be subject to the working policy which states "Internal access roads should be provided to allow sufficient transportation access to and from the node when it might otherwise be restricted due to its location adjacent to county roads and state highways ". Another issue to be addressed with the subject site is the adjacent City well and U.S. West utility properties. This application does not include this property; however, the concept plan does include it. How to include or not include the City and /or Northwestern Bell properties into development (whether with residential or commercial uses) of this area should be addressed at the time of platting. SUMMARY /CONCLUSION 1. The proposed concept plan is consistent with the commercial working policy of developing Neighborhood Commercial nodes as complete centers. However, The proposed change from a residential to a commercial land use category would be in conflict with the commercial working policy which states "Adding commercial land to the existing inventory should be discouraged unless said inventory is reduced in other locations or gaps in service areas exist" because, under this proposal, the inventory is not being reduced in other locations and a gap in the service area for a Neighborhood Commercial node does not exist at this location. 2. Because of the variety of surrounding land uses, buffering will be required to ensure appropriate transitions between different uses, whether developed with residential or commercial uses. 3. Access to the site will be an issue, whether developed with residential or commercial uses, because of its location adjacent to Lexington Avenue and Diffley Road. Access to both of these roads will be limited by Dakota County guidelines. 4. Incorporation or exclusion of the adjacent City- and public utility -owned properties must be addressed at the time of platting the subject property, whether developed with residential or commercial uses. Planning Report - Raymond Connelly May 24, 1994 Page 6 ACTION TO BE CONSIDERED To recommend approval or denial of a Comprehensive Guide Plan Amendment changing the land use category of approximately 7.63 acres from D -I (Single - family Residential, 0 to 3 units per acre) to NB (Neighborhood Business) located in the northwest corner of Lexington Avenue and Diffley Road. LOCATION GUIDE PLAN ZONING R =95% SENT BY; PAGE 18 /ADVISORY PLANNING COMMISSION MINUTES MAY 24, 1994 6 2 - 94 ; 8:32AM ;SEVERSON WILCOX SHEL 612 681 4612;# 2/ 5 COMLPREHENBIVE GUIDE PLAN AMENDMENT - RAY CONNELLY Chariman Voracek opened the next public hearing of the evening regarding the application for a Comprehensive Guide Plan Amendment changing the land use category of approximately 7.63 acres from D -I Single Family Residential (0 -3 unite /acre) to NB (Neighborhood Business) located in the northwest corner of Lexington Avenue and Diffley Road in the SW ; of Section 23. Senior Planner Rristy Marnin introduced this item. She stated that the applicant, Raymond Connelly, has requested a Comprehensive Guide Plan Amendment changing the land use category of approximately 7.63 acres from D -I to NB (Neighborhood Business). She stated that the subject property is located on the northwest corner of Lexington Avenue and Diffley Road. She further stated that the proposed uses on the subject property include a daycare center, Medical clinic, drug store, restaurant and a convenience store with gasoline. Marnin reminded the Commission that the City is currently conducting a Commercial Land Use Study, but that the City Council has adopted at its May 3, 1994, meeting working policies for the use in evaluating land use plan amendments while the study is still being completed. Marvin advised the Commission that in 1988, the City received a Planned Development Amendment application which proposed changing the planned development designation of R -4 to Limited Business for proposed uses of a child care facility, medical clinic and a bank. She further advised that in 1989 a second application for a Planned Development Amendment was submitted to the City requesting a change from the R -4 to Limited Business. She advised that both applications were denied by the City Council. Additionally, Marnin advised, the subject property was initially part of the "Multi - Family Residential Land study" conducted in 1989 through 1991. She stated that the subject property was removed from the Study because it was within the Lexington South Planned Development. Marnin advised that the subject property is surrounded by single- family residential to the west, a church, a City well and U.S. West utility building to the north, another church and apartments to the east and vacant property (the proposed Lexington /Diffley athletic fields) to the south. she stated that a small retail center and day care facility is located across from the subject property on the southeast corner of the intersection. Marnin stated that the proposal would allow small scale retail and business and office uses and is consistent with the working policy of developing neighborhood commercial nodes as complete centers. However, as Marnin stated, the proposal is inconsistent with fl 2 432 3780 06 - 02 -94 08:3IAM P002 #19 SENT BY: R =95% PAGE 19 /ADVISORY PLANNING COMMISSION MINUTES MAY 24, 1994 6 2 - 94 ; 8:32AM ;SEVERSON WILCOX SHEL-' 612 681 4612;# 3/ 5 the other working policy of the City which states "adding commercial . land to the existing inventory should be discouraged unless said inventory is reduced in other locations or gaps in service areas exist." Marnin explained that in a one -mile radius of the subject property, there currently exists one neighborhood center plus vacant neighborhood business zoned areas. She further stated that because of 'a variety of surrounding land uses, buffering will be required regardless of whether it is developed residential or commercial. Additionally, she stated that access to the site will be an issue, regardless of type of use developed within the property because of its location to Lexington Avenue and Diffley Road. She emphasized that the access issue is not an issue regarding the plan amendment but will be when it is ready to be developed. The applicant, Ray Connelly, presented a brief background of the project to the Commission. Mr. Connelly further advised of a recently executed Agreement with Dakota County for access to Diffley Road. Connelly stated that the proposal was based on the additional residential development in the area and that a neighborhood business use is the highest and best use of the property. He stated that the property should not be used for residential because it is next to two county roadways, it has roads to three of its sides, it is less than six acres and the existence of the athletic fields, which is conducive to late -night use, across the street from the subject property. Mr. Connelly further noted that the taxes and assessments currently on the property are approximately $123,000.00 which is almost greater than the value of the property itself. Member Segal inquired as to the zoning status of the subject property once the Planned Development Agreement expired in June of 1991. City Attorney Dougherty stated that the existing zone under the Planned Development Agreements stays in place after the Planned Development expiration. City Attorney Dougherty noted that the issue before the Commission, however, was not zoning but rather a comprehensive guide amendment. Member Miller, noting that the City Council twice denied similar- applications, inquired with the applicant as to what is different now with the subject property that did not exist at the tine of the previous applications. Connelly stated that he recently had an opportunity to speak with the Mayor who, according to Connelly, stated that there has been enough change in Eagan to go along with the proposal now. Connelly explained that at the time of the original applications, the water tower was proposed to go on the north side of Diffley (on the subject property) but has since been placed on the south side of the road. Connelly further stated that access has been worked out with Dakota County. Connelly also stated that neighborhood residents expressed to him that they did not want apartments to go in ni` 612 432 3780 06 - 02 - 94 08:31AM P003 #19 SENT BY: R 95% PAGE 20 /ADVISORY PLANNING COMMISSION MINUTES MAY 24, 1994 6 2 - 94 ; 8:33AM ;SEVERSON WILCOX SHEL 612 681 4612;# 4/ 5 on the subject property. Chariman Voracek noted that on an adjacent 60 -acre parcel there now exists apartments which did not exist in 1988 and 1989. Member Miller stated that he does not believe single family is appropriate nor is multi - residential. He stated that a neighborhood business on the subject property is a good use. Member Wallace noted that although there is a policy that discourages adding to commercial inventory without reducing it elsewhere, such policy is a guide and to give directive, but not dispositive. Member Segal concurred with Wallace and added that he will bow to the owner's opinion that neighborhood business is the highest and best use for the subject property. Member Heyl stated that R -I use was not appropriate for the subject property but neighborhood business was appropriate. Member Miller suggested to continue the item until the commercial study was completed. Wallace moved, Miller seconded, a notion to approve the application for a Comprehensive Guide Plan Amendment changing the land use category of approximately 7.63 acres from D -I Single Family Residential (0 -3 units /acre) to NB (Neighborhood Business) located in the northwest corner of Lexington Avenue and Diffley Road in the SW 3 of Section 23. Member Heyl noted for the record the Commission's reasons for deviating from the commercial inventory policy: (1) the subject property is not appropriate for R -I use; and (2) the proposal fits with the working policy of developing neighborhood commercial nodes as complete centers; and (3) at less than 8 acres, it is not a major size of land being added to the commercial inventory. All present improved in favor. l -)9 612 432 3780 06 -02 -94 08:31AM P004 #19 SENT BY: R =95% PAGE 21 /ADVISORY PLANNING COMMISSION MINUTES MAY 24, 1994 6 - 2 - ; 8 :33AM ;SEVERSON WILCOX SHEL -- 612 681 4612;# 5/ 5 COMPREHENSIVE GUIDE PLAN AMENDMENT - DOUGLAS DeCOBTER Voracek recommended continuing this item per the City Attorney's memorandum. Segal asked whether the proposed ordinance would be completed before the next City Council meeting to which City Attorney Dougherty stated that the erdinance would be before the Council in June before the next APC meeting. Hcy1 moved to continue to the Junes meeting, Merkley second. All present approved in favor. Ain WOAZSESSION WITH CITY COUNCIL Chairman Voracek added this to the agenda. He recommended that the APC meet with the City Administrator and some or all Councilnembers to discuss City policies and procedures such as: long -term goals for the City, working procedures; and roles and responsibilities of City staff. Such a meeting would be in a work-session format. Discussion ensued as to when the Commission would like to meet with the Administrator and Councilmembers. The Commission members concurred that the work session should occur before the June APC meeting, commencing at 5:30 p.m. ADJOURIDIENT Miller moved, Heyl seconded, the motion to adjourn the May 24, 1994 Advisory Planning Commission meeting at 9:50 a.m. All present voted in favor. Secretary - Eagan Advisory Planning Commission 612 432 3780 06 - 02 - 94 08:31AM P005 #19 Agenda Information Memo June 7, 1994, City Council Meeting REVIEW COUNTY'S PROPOSED 5 -YR CAPITAL IMPROVEMENT PROGRAM (1995 -'99) H. Review County's Proposed 5 -Year Capital Improvement Program (1995- '99) - -On May 24, the City received a request from Dakota County to review their existing ('94 -'98) CIP and provide any suggestions or modifications that should be taken into consideration for the County's '94 -49 CIP. The Cou is requesting a response by June 17. The memo enclosed on pages O'2 - through summarizes the current CIP and provides options for Council's � providing in priding a formal response to Dakota County. Enclosed on pages / *through through /9/ is a recent request regarding trailways. ACTION TO BE CONSIDERED ON THIS ITEM: Review Dakota County's 5 - Year CIP ('94 -'98) and approve /modify as necessary for 1995 -'99. IV YEAR ROAD SEGMENT IMPROVEMENT 1994 Lone Oak Road Lexington Ave. Intersection Reconstruction 1994 Yankee Doodle Road Lexington Ave. to TH 149 4 -Lane Divided 1995 Lone Oak Road TH 55 into Inver Grove Heights 4 -Lane Divided 1995 Lone Oak Road Neil Armstrong Blvd to TH 55 4 -Lane Divided 1995 Yankee Doodle Road TH 149 into Inver Grove Heights 2 -Lane Rural 1995 Cliff Road ChesMar Drive to Lexington Ave. 4 -Lane Divided 1996 Nothing Scheduled 1997 Nothing Scheduled 1998 Nothing Scheduled Future Cliff Road Lexington Ave. to TH 3 4 -Lane Divided MEMO city of eagan TO: MAYOR & CITY COUNCIL C/O THOMAS L HEDGES, CITY ADMINISTRATOR FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS DATE: JUNE 2, 1994 SUBJECT: PROPOSED DAKOTA COUNTY 5-YR CIP (1995 -1999) On May 24, the City received a request from Dakota County to review portions of their existing '94 -'98 CIP and provide any suggestions or modifications that should be taken into consideration for the County's '95- '99 CIP. The County has requested that the City respond by June 17 with any comments. The following comments are the result of a review performed by the Departments of Public Works along with Parks & Recreation. Roadway Improvements CURRENT ('94 -'98 CIP) 1 YEAR ROAD SEGMENT LOCATION 1994 None Scheduled 1994 Cliff Road @ TH 3 1995 Cliff Road ChesMar Dr. to Lexington Ave. South Side Only 1995 Lone Oak Road TH 55 into Inver Grove Heights North Side Only 1996 None Scheduled Future Yankee Doodle Road @ Washington Drive 1997 None Scheduled 1998 None Scheduled Future None Scheduled YEAR IMPROVEMENT LOCATION 1994 Pilot Knob Road @ Corporate Center Drive 1994 Pilot Knob Road @ Wescott Road 1994 Cliff Road @ TH 3 1994 Lexington Avenue @ Wescott Road 1995 Yankee Doodle Road @ TH 149 1996 None Scheduled 1997 None Scheduled 1998 None Scheduled Future Yankee Doodle Road @ Washington Drive Future Pilot Knob Road @ Towerview Road REQUEST YEAR LOCATION /IMPROVEMENT CITY COST Schedule ? Cliff Rd. from Lexington Ave. to TH 3 $1,800,000 Reschedule 1995 to ? Lone Oak Rd. from TH 55 to Inver Grove Heights 800,000 New Addition 1997 -'99 Miscellaneous Yankee Doodle /Pilot Knob Ring Road Improvements 11,000,000 Signals Bikeways Roadway improvements 1. 2. 3. OPTIONS FOR COUNCIL CONSIDERATION REQUEST YEAR LOCATION /IMPROVEMENT CITY COST New Addition 1995 Lone Oak Rd. /Lexington Ave. to TH 55 (north side) -0- New Addition 1995 Pilot Knob Rd./494 into Mendota Heights (west side) -0- New Addition ? Cliff Rd. /Lexington Ave. to TH 3 (South Side) -0- New Addition 1995 Yankee Doodle Rd. /Lexington Ave. into Inver Grove Heights (south side) -0- REQUEST YEAR LOCATION /IMPROVEMENT CITY COST Reschedule 1994 to ? Lexington Ave. @ Wescott Rd. $45,000 Relocate & Schedule Future to 1997 Relocate Traffic Signal from Pilot @ Towerview Rd. to High Site Dr. $45,000 REQUEST YEAR LOCATION /IMPROVEMENT CITY COST New Addition 1995 Wescott Library/Parking Lot Modifications, Landscaping & Signage Improvements -0- Signals 4. 5. Trailways 6. 7. 8. 9. Building Improvements 10. Comments Regarding Options For Council Consideration 1. & 8. The City and the County have received continued requests from a property owner in the Park Cliff Addition to have Cliff Road upgraded from ChesMar Drive to TH 3 with off-road trail systems providing access to Schultz Lake Beach and intersection control with Lexington Avenue. 2. Should this segment of County road be delayed until the anticipated desired industrial development can be foreseen minimizing the financial impact special assessments will have on the existing large lot residential development on the south side of Lone Oak Road? 3. The earliest any Ring -Road improvements can be initiated is approximately 1997. If the City wishes to pursue these major transportation improvements, it is possible to have them completed within the foreseeable 5 -Year CIP. Should they be scheduled for funding programming purposes now? 4. While the intersection of Wescott and Lexington Avenue technically meets the warrants for signalization, the present 4 -way stop condition does not appear to create any significant problems reconstituting an expenditure of approximately $45,000. However, the City staff has received 2 -3 calls complaining about congestion during a.m. /p.m. peak hours. 5. Location is more compatible with future Ring Road crossing and potential development of the Unisys property. 6. Previously deleted when Council denied Project 601. Should be re- requested to coincide with future schedule of roadway improvement. 7. Dakota County would like to have support from the City of Eagan for continuing the trailway system into Mendota Heights and, ultimately, connecting to the Soo Line Railroad trailway near Fort Snelling State Park. 9. Yankee Doodle Road is not on the County's trailway system. However, the County should participate in at least 1 off -road trailway whenever any County road is upgraded for safety benefits and to accommodate intermodal transportation. 10. Dakota County should anticipate and budget for various site improvements to coincide with the Municipal Center expansion planned for 1995. I will be available to further discuss these recommendations and provide additional information that would help the Council provide a response to the County. Respectfully submitted, Director of Public Works TAC /jj cc: Mike Foertsch, Assistant City Engineer Arnie Erhart, Superintendent of Streets /Equipment Ken Vraa, Director of Parks & Recreation Peggy Reichert, Director of Community Development CIPDISC 95- 99CIP.DAK May 23, 1994 Mr. Tom Colbert, City Engineer City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 -1897 Dear Mr. Colbert: ROXANNE M. FLETT 4654 Parkridge Court Eagan, MN 55123 -2137 (612) 452 -4058 RECEIVEP MAY 2 t' 3 In 1992 and 1993, I corresponded with Dakota County Commissioners Chapdelaine and Richards about a 1995 Dakota County highway project to improve Cliff Road between Ches Mar Drive /Fairway Hills Drive and Lexington Avenue. I requested that paved pedestrian /bike paths be added on both sides of Cliff Road and a traffic light be added at Cliff Road and Lexington Avenue to provide those of us in the Park Cliff neighborhood with a safe way to get to Eagan's recreational areas. Park Cliff is surrounded by Cliff Road, Parkview Golf Course, and Lebanon Hills Regional Park, and we have no safe pedestrian /bike access to Eagan's parks /playgrounds. I also requested that the Cliff Road project be extended east to Schultz Lake Beach Road to provide all Eagan residents with a safe way to get to Schultz Lake, Eagan's only life - guarded public swimming site. Copies of the correspondence are enclosed. Last week I spoke with Dave Everds, Dakota County Highway Engineer, about the Cliff Road project's status. He indicated it is still planned for the area from Ches Mar Drive /Fairway Hills Drive to Lexington Avenue only, but that since improvements are being made this year at Cliff Road and Highway 3, consideration might be given to extending the 1995 Cliff Road project, maybe even as far as this year's Highway 3 improvements. Since Eagan plays a role in such projects, particularly with regard to paved pedestrian /bike paths, he suggested I contact you about my request. My reasons for suggesting the extension are contained in the enclosed correspondence, so I won't restate them. I again request that the 1995 Cliff Road improvement project be expanded as I have suggested to finally give Park Cliff neighborhood residents safe access to Eagan's recreational areas and Eagan residents a safe way to get to Schultz Lake. Please contact me if you'd care to discuss this. You can reach me at 452 -4058 (home) or 348 -6261 (work, Monday- Thursday). Sincerely, � jA 7 7l. 7t.c c-4 Roxanne M. Flett Enclosures cc: Louis Breimhurst, Physical Development Divison Director, Dakota County Dave Everds, Highway Engineer, Dakota County Allen Moe, Dakota County Planning Dee Richards, Dakota County Commissioner rf 6 April 6, 1993 Ms. Dee Richards Dakota County Commissioner 1590 Highway 55 Hastings, MN 55033 Dear Ms. Richards: Enclosed are copies of correspondence with former County Commissioner Don Chapdelaine regarding pedestrian /bicyclist safety on Cliff Road (County Road 32) between Fairway Hills Drive /Ches Mar Drive and Schultz Lake Beach Road in Eagan. I believe Eagan residents need a safer way to walk /bike to Schultz Lake Beach. Eagan's only outdoor, life - guarded public swimming site, and it appears that Dakota County has an opportunity to incorporate a safer access during 1995 when the County will be improving Cliff Road from Fairway Hills Drive!Ches Mar Drive to Lexington Avenue. Also enclosed is a letter I sent to the Sun - Current Newspapers regarding this issue. I hope you'll give this matter some attention for the benefit of not only my neighborhood, Park Cliff, on the south side of Cliff Road, but also for Eagan residents living north of Cliff Road who need a safe walking /biking access, during summer months in particular, to Schultz Lake Beach. I'd be happy to discuss this with you. Please feel free to call me at home (452 -4058) or at work (348- 6261). Sincerely, Roxanne M. Flett Enclosures ROXANNE M. FLE1T 4654 Parkridge Court Eagan, MN 55123 -2137 (612) 452 -4058 If7 Ms. Roxanne M. Flett 4654 Parkridge Court Eagan, MN 55123 -2137 Dear Ms. Flett: This is in response to your letter dated July 23, 1992. I understand and share your concerns regarding pedestrian and bicycle traffic on Cliff Road. As mentioned in my letter dated June 23, 1992, the 1995 Cliff Road project does include a bikeway to Lexington Avenue. There is no road project funded or scheduled at this time east of Lexington Avenue. Such a project must be requested by the City of Eagan as County policy requires City financial participation. The current parking activity is along the south side of Cliff Road and is caused by parking demand exceeding the available off roadway parking spaces. There is funding in the 1993 Dakota County Parks budget request to expand the parking areas around Holland Lake and this work could take place during 1993. This should alleviate the conflict mentioned in your letter and it would at that time, be reasonable to prohibit parking on Cliff Road. To restrict this parking activity at the present time could increase the hazards by forcing longer walking distances along Cliff Road and by causing the need for increased pedestrian crossings at Cliff Road. A traffic signal at Lexington Avenue will be studied for justification in conjunction with our project in 1995 and will be installed if needed. We will consider your request for an off roadway bike trail on the south side of Cliff Road between Fairway Hills Drive and Schultz Lake Beach Road in our Capital Improvement Program reviews. Thank you for bringing these issues to our attention. Sincerely, J/ Do // ' , ald R. Chapdelaine Commissioner, Third District cc: DAKOTA COUNTY Louis Breimhurst Thomas Colbert Dave Everds Barb Schmidt Allen Moe DAKOTA COUNTY GOVERNMENT CENTER 1560 HWY 55. HASTINGS. MINNESOTA 55033 (6121438-4429 IPA AN EQUAL OPPORTUNITY EMPLOYER C DONALD R. CHAPDELAINE cn■.yissIoNER - THIRD DISTRICT 575 CHAPEL LANE EAGAN M N 5512 TELEPHONE HOME 4 5a- 2531 August 17, 1992 July 23, 1992 ROXANNE M. FLETT 4654 Parkridge Court Eagan, MN 55 123 -2 13 7 (612) 4 52 -4058 Mr. Donald Chapdelaine Dakota County Commissioner 1590 Highway 55 Hastings, MN 55033 Dear Mr. Chapdelaine: Thank you for your June 23rd response to my r paths on Cliff Road. You responded that when lett regarding improved in the shoulders were widened and g Pedestrian /bike Ch eer o e and paved "for the purpose of making 1986' pedestrians." In fact, 9 the roadway shoulder is impossible near Holland Lake on many hot summer days when the lot is full and overflow pedestrian /bicycler use of the parkin hot afternoon as I drove east fills the shoulder. he n i parkin ast on Cliff Road to Schultz Lake eBeach, one a young boy with a beach towel biking eastward on the shoulder. approached the long line of cars I saw slowed his bike to decide on which side of the carrs]her by Holland Lake, he was to r. As he riding on C tiff Road as there was no room for him on -- ode ho d resumed illustrates the obvious) or off--the If the illustrates the bviouslyaddngerous situation the solcer. paved in 1986 for a the tuse landlsafetynof rned. pedestrians /bicyclers, Dakota County should Better yet, Dakota County should remove prohibit parking on the shoulders. by installing a paved Pedestrians /bicyclists from Cliff Road pedestrian /bike path to Schultz Lake Beach Road. I understand Dakota County's budget constraints given I also understand that extending the 1995 rClif Road h igh other iff way improvement project to Schultz Lake Beach Roadwouldbecostln i fic Dakota County and the City of Eagan to fund by 1995. However, * -he cost to situp] Y and difficult for t each Road would yoextendxthesbikeway portion of that I believe that pedestrian-controlled traffic control dsagnaltat �eo�ectrwould alsocbncludeaae north of Cliff Road could safe] xington Avenue so residents County in as soon possible safely cross to the path. I again request that Dakota Road improvement but certainly no later than the 1995 Cliff Project a paved pedestrian /bike path Road between Fairway Hills Drive and Schultz LakeBeachnRoad south side of letter, I also request that the Cit of Cliff Y Eagan pa support such a By a copy of this Dakota County recently received a National Association of Co path. bikeway system. Please enhance this excellent system by vding E for its c with a safe way to walk /bike to our only Y providin citizens tiz swimming only outdoor, life- g Eagan site. Again, if you'd care to discuss this, guarded public (home) or 348 -6261 (work). Please call me at 452 -4058 Sincerely, Roxanne M. Flett cc: Louis J. Breimhurst, ph Dave Everds, Hi hwa gsee Development Division Director Dakota County Barb Schmidt g y Enginneerr , Dakota County r- -_ ' Acting Dakota County Parks Directo Allen Moe, Dakota County Planning Thomas Colbert, City Engineer, City of Eagan Ken Vraa, Director of Parks and Recreation, Ci gan June 23, 1992 Dear Ms. Flett: DAKOTA COUNTY Ms. Roxanne M. Flett 4654 Parkridge Court Eagan, MN 55123 -2137 DAKOTA COUNTY GOVERNMENT CENTER 1560 H //Y 55 HASTINGS MINNESOTA 55033 16121138 -1129 DONALD R. CHAPDELAINE Ci�ri.`ic.ClflrlE9 T-'PD Dlci or 57 CHAPEL 1 .J.NE EAGAr.I r,+rJ 5512 TELEPHONE Ho.,1E 4 5 1 2533 Thank you for your letter dated June 10, 1992, regarding pedestrian /bike paths on Cliff Roacl. I can certainly see that the movements mentioned in your letter have special safety concerns. The Cliff Road improvement project mentioned in your letter is a $1.2 million project with its costs shared between the County and City of Eagan. With the exception of the County Bikeway System, Dakota County does not construct sidewalks. The 1995 project does include funds for a County Bikeway on one side of Cliff Road. If the City requests and funds a sidewalk on the other side of Cliff Road, our project could include sidewalks /bikeways on both sides of the road. We would consider extending this project beyond Lexington Avenue if requested by the City of Eagan, however, extending this project to the Schultz Lake Beach Road would double the costs to $2.4 million and may be difficult to fund by 1995. Dakota County is growing very rapidly and it has been difficult to fund the Capital Improvement Program for Highways to keep pace with needed improvements. To accelerate this project to an earlier year would require postponing other projects that are presently of a higher priority and this would not be considered without a request from the City of Eagan. In 1986 Cliff Road was improved by widening and paving the shoulders for the purpose of making the roadway safer for bicyclist and pedestrians. Without the paved shoulders, the roadway would be much more difficult for these uses. I appreciate your concerns and am forwarding your letter to the city of Eagan for their consideration. Sincere Donald R. Chapdelaine Commissioner, Third District cc: Louis Breimhurst, Dakota County Physical Development Thomas Colbert, City of Eagan Barb Schmidt, Dakota County Parks Allen Moe, Dakota County Planning IRS AN EQUAL OPPORTUNITY EMPLOYER June 10, 1992 Mr. Donald Chapdelaine Dakota County Commissioner 1590 Highway 55 Hastings, MN 55033 Dear Mr. Chapdelaine: i live in Eagan's Park Cliff neighborhood which is bordere d by Cl north, Parkview Golf Course on the west, and Lebanon Hills RegionalfParkdonnthee south and east. Unlike most Eagan neighborhoods, Park Cliff residents have no safe pedestrian /bike accesses to area recreational sites, including Schultz Lake Beach. This poses a safety concern for many of us, especially with regard to the safety of our children. In order for us to walk or bike to the nearest or Schultz Lake Beach, we must use the shoulder of Cliff Road. This is a park dangerous situation given the high traffic volume, passing cars, and 50 m.p.h. speed limit on Cliff Road. I recently spoke with Leslie Anderson of your highway department and learned that Cliff Road improvements from Ches Mar Drive /Fairway Hills Drive to Lexington Avenue are scheduled for 1995, three years from now. Since our safety concerns are immediate, I am requesting that Dakota County install, at a minimum and as soon as possible, a paved pedestrian /bike path on the south side of Cliff Road from Fairway Hills Drive to Schultz Lake Beach Road. I am also proposing that Dakota County consider expanding the 1995 Cliff Road improvement project to also include the portion of Cliff Road from Lexington Avenue to Schultz Lake Beach Road, including paved pedestrian /bike paths on both sides of the road. Permanent paved paths to Schultz Lake Beach Road would benefit not only Park Cliff residents, but all Eagan residents living north and west of Schultz Lake. In addition, a traffic control signal or some other way for pedestrians/ bicyclers to cross Cliff Road in this area would benefit Eagan residents on both the north and south sides of Cliff Road. Schultz Lake Beach is Eagan's only outdoor, life guarded public swimming site and is likely to remain so for some time given the recent defeat of an Eagan bond referendum for a public outdoor swimming pool /indoor ice arena complex. I would appreciate your reviewing this matter. If can reach me at 452 -4058 (home) or 348 -6261 (work)You care to discuss this, you (work). Sincerely, Roxanne M. Flett ROXANNE M. FL ET T 4654 Parkridge Court Eagan, MN 55123 -2137 (612) 452-4058 cc: Louis J. Breimhurst, Physical Development Division Director Dave Everds, Highway Engineer Barb Schmidt, Acting Parks Director Ken Vraa, City of Eagan, Director of Parks and Recreation I RS Planning Report - Raymond Connelly May 24, 1994 Page 3 Evangelical Covenant Church and Diffley Road. Proposed uses for this project included a child care facility, clinic, bank, future LB uses, and retention of the City well facility and U.S. West utility building. Following is a chronological outline of action taken on these 1989 applications. March 28, 1989: April 18, 1989: Advisory Planning Commission recommends approval of the Comprehensive Guide Plan Amendment, Rezoning (PD Amendment), and Preliminary Plat. Motion approved unanimously. City Council denies the Comprehensive Guide Plan Amendment, Rezoning (PD Amendment), and Preliminary Plat for the following reasons: 1. There was no material change from the last proposal; 2. The retail study shows an excess of retail land across the street which is properly zoned but not developing; 3. Limited Business use is the most difficult zone in the City; 4. The Comprehensive Guide Plan shows D -I uses as a recent designation and should not change to commercial; and 5. There are continuing access problems onto Diffley and Lexington. Motion carried 3 to 2. Also, the subject site was initially part of the Multi - Family Residential Land Study conducted in 1989 through 1991 ( "Area W "). However, the site was removed from the study prior to any Council action because of information provided by the City Attorney. The site is within the Lexington South Planned Development. According to a memo prepared by the City Attorney dated July 18, 1990, when a property is part of a PD with an executed PD Agreement, ". . . absent some evidence of default ... the owner of the property has a contractual right with the City for the zoning as identified in the Planned Development Agreement. It should be noted, though, that the Planned Development Agreement is set to expire in June of 1991, at which time unless some action has been taken in furtherance of the present zoning, the City would be in a much better position to rezone the property ... ". In other words, at the time of the Multi- Family Residential Land Study, the City was Planning Report - Raymond Connelly May 24, 1994 Page 4 not in a good position to consider any rezoning of the property without the consent of the property owner because of the Lexington South Planned Development Agreement. SURROUNDING USES The adjacent property is developed with a variety of uses -- single - family residential to the west, a church, City well and U.S. West utility building to the north, a church and apartments to the east, and vacant land (proposed athletic fields) to the south. Also, a small strip retail center and daycare is located cater -corner southeast of the subject site. Approximately 15 + acres of vacant commercially guided and zoned land abuts the existing retail center. EVALUATION OF REQUEST The applicant has requested a change in the Comprehensive Land Use Guide Plan designation for the site from a residential land use category to a commercial land use category. Its current residential category, D -I (Single - family Residential, 0 to 3 units per acre), allows low density single - family residential development. However, its current zoning, PD(R - 4) (Planned Development, Multiple), would allow multi - family residential development. The proposed commercial category, NB (Neighborhood Business), is characterized by smaller -scale retail, office and service businesses. Under the new categories developed as part of the Commercial Land Use Study, the NB category will become Neighborhood Commercial. If this proposed amendment changing the land use category to NB is approved, once the amended Commercial Land Use Plan Element is completed and adopted, the land use category for this site would become Neighborhood Commercial. This request, as such, will be reviewed in the context of the adopted working policies developed as part of the Commercial Land Use Study. Although the proposed concept plan represents a complete neighborhood -scale commercial center, which is compatible with the commercial working policies, changing the land use designation to commercial is contrary to the adopted working policy which states "Adding commercial land to the existing inventory should be discouraged unless said inventory is reduced in other locations or gaps in service areas exist ". Under these working policies, the service area of a Neighborhood Commercial node is assumed as a one -mile radius. In this particular case, a neighborhood commercial center already exists in the immediate area (cater - corner southeast across the Lexington Avenue/Diffley Road intersection), and vacant land currently designated for commercial development also exists adjacent to this existing neighborhood commercial center. Each of the proposed uses within this project could theoretically be developed on the existing vacant commercial property to the southeast, given this adjacent property's commercial Comprehensive Guide Plan land use designation, its commercial zoning and its size. Planning Report - Raymond Connelly May 24, 1994 Page 5 Given the variety of existing surrounding land uses (single- and multi - family residential, churches, commercial and future athletic fields), neither the existing Comprehensive Guide Plan land use designation of D -I, the existing zoning of PD(R -4), nor the proposed land use designation of NB is completely compatible with all adjacent uses. As such, development of this site with residential or commercial uses will require adequate buffering and site design to ensure appropriate transitions between differing land uses. Access to the site will also be an issue whether developed with residential or commercial uses. Access to both Lexington Avenue and Diffley Road will be limited by County requirements. Should the proposed land use change be approved, development of the site would be subject to the working policy which states "Internal access roads should be provided to allow sufficient transportation access to and from the node when it might otherwise be restricted due to its location adjacent to county roads and state highways ". Another issue to be addressed with the subject site is the adjacent City well and U.S. West utility properties. This application does not include this property; however, the concept plan does include it. How to include or not include the City and /or Northwestern Bell properties into development (whether with residential or commercial uses) of this area should be addressed at the time of platting. SUMMARY /CONCLUSION 1. The proposed concept plan is consistent with the commercial working policy of developing Neighborhood Commercial nodes as complete centers. However, The proposed change from a residential to a commercial land use category would be in conflict with the commercial working policy which states "Adding commercial land to the existing inventory should be discouraged unless said inventory is reduced in other locations or gaps in service areas exist" because, under this proposal, the inventory is not being reduced in other locations and a gap in the service area for a Neighborhood Commercial node does not exist at this location. 2. Because of the variety of surrounding land uses, buffering will be required to ensure appropriate transitions between different uses, whether developed with residential or commercial uses. 3. Access to the site will be an issue, whether developed with residential or commercial uses, because of its location adjacent to Lexington Avenue and Diffley Road. Access to both of these roads will be limited by Dakota County guidelines. 4. Incorporation or exclusion of the adjacent City- and public utility -owned properties must be addressed at the time of platting the subject property, whether developed with residential or commercial uses. Planning Report - Raymond Connelly May 24, 1994 Page 6 ACTION TO BE CONSIDERED To recommend approval or denial of a Comprehensive Guide Plan Amendment changing the land use category of approximately 7.63 acres from D - (Single - family Residential, 0 to 3 units per acre) to NB (Neighborhood Business) located in the northwest corner of Lexington Avenue and Diffley Road. g'STyiE • 1� WESTB KNOLL PAIR /CK SE EA G'AN z e PARK t bullik Z _ X P W -J Lo_ 3 1L i LOCATION GUIDE PLAN ZONING :{••..ea R =95% SENT BY: PAGE 18 /ADVISORY PLANNING COMMISSION MINUTES MAY 24, 1994 6 2 - 94 ; 8:32AN ;SEVERSON WILCOX SHEL 612 681 4612;# 2/ 5 COI(P 8IVE GUIDE PLAN AMENDMENT - RAY CONNELLY Chariman Voracek opened the next public hearing of the evening regarding the application for a Comprehensive Guide Plan Amendment changing the land use category of approximately 7.63 acres from D -I Single Family Residential (0 -3 units /acre) to NB (Neighborhood Business) located in the northwest corner of Lexington Avenue and Diffley Road in the SW ; of Section 23. Senior Planner Rristy Marnin introduced this item. She stated that the applicant, Raymond Connelly, has requested a Comprehensive Guide Plan Amendment changing the land use category of approximately 7.63 acres from D -I to NB (Neighborhood Business). She stated that the subject property is located on the northwest corner of Lexington Avenue and Diffley Road. She further stated that the proposed uses on the subject property include a daycare center, medical clinic, drug store, restaurant and a convenience store with gasoline. Marnin reminded the Commission that the City is currently conducting a Commercial Land Use Study, but that the City Council has adopted at its May 3, 1994, meeting working policies for the use in evaluating land use plan amendments while the study is still being completed. Marnin advised the Commission that in 1988, the City received a Planned Development Amendment application which proposed changing the planned development designation of R-4 to Limited Business for proposed uses of a child care facility, medical clinic and a bank. She further advised that in 1989 a second application for a Planned Development Amendment was submitted to the City requesting a change from the R -4 to Limited Business. She advised that both applications were denied by the City Council. Additionally, Marnin advised, the subject property was initially part of the "Multi - Family Residential Land study" conducted in 1989 through 1991. She stated that the subject property was removed from the Study because it was within the Lexington South Planned Development. Marnin advised that the subject property is surrounded by single - family residential to the west, a church, a City well and U.S. West utility building to the north, another church and apartments to the east and vacant property (the proposed Lexington /Diffley athletic fields) to the south. She stated that a small retail center and day care facility is located across from the subject property on the southeast corner of the intersection. Marnin stated that the proposal would allow small scale retail and business and office uses and is consistent with the working policy of developing neighborhood commercial nodes as complete centers. However, as Marnin stated, the proposal is inconsistent with 612 432 3780 06 - 02 -94 08:31AM P002 #19 SENT BY: R =95% PAGE 19 /ADVISORY PLANNING COMMISSION MINUTES MAY 24, 1994 6 2 - 94 ; 8:32AM ;SEVERSON WILCOX SHEL 612 681 4612;# 3/ 5 the other working policy of the City which states "adding commercial . land to the existing inventory should be discouraged unless said inventory is reduced in other locations or gaps in service areas exist." Marnin explained that in a one -mile radius of the subject property, there currently exists one neighborhood center plus vacant neighborhood business zoned areas. She further stated that because of a variety of surrounding land uses, buffering will be required regardless of whether it is developed residential or commercial. Additionally, she stated that access to the site will be an issue, regardless of type of use developed within the property because of its location to Lexington Avenue and Diffley Road. She emphasized that the access issue is not an issue regarding the plan amendment but will be when it is ready to be developed. The applicant, Ray Connelly, presented a brief background of the project to the Commission. Mr. Connelly further advised of a recently executed Agreement with Dakota County for access to Diffley Road. Connelly stated that the proposal was based on the additional residential development in the area and that a neighborhood business use is the highest and best use of the property. He stated that the property should not be used for residential because it is next to two county roadways, it has roads to three of its sides, it is less than six acres and the existence of the athletic fields, which is conducive to late -night use, across the street from the subject property. Mr. Connelly further noted that the taxes and assessments currently on the property are approximately $123,000.00 which is almost greater than the value of the property itself. Member Segal inquired as to the zoning status of the subject property once thQ Planned Development Agreement expired in June of 1991. City Attorney Dougherty stated that the existing zone under the Planned Development Agreements stays in place after the Planned Development expiration. City Attorney Dougherty noted that the issue before the Commission, however, was not zoning but rather a comprehensive guide amendment. Member Miller, noting that the city Council twice denied similar applications, inquired with the applicant as to what is different now with the subject property that did not exist at the time of the previous applications. Connelly stated that he recently had an opportunity to speak with the Mayor who, according to Connelly, stated that there has been enough change in Eagan to go along with the proposal now. Connelly explained that at the time of the original applications, the water tower was proposed to go on the north side of Diffley (on the subject property) but has since been placed on the south side of the road. Connelly further stated that access has been worked out with Dakota County. Connelly also stated that neighborhood residents expressed to him that they did not want apartments to go in ni` 612 432 3780 06 - 02 -94 08:31AM P003 #19 SENT BY: R-95% PAGE 20 /ADVISORY PLANNING COMMISSION MINUTES MAY 24, 1994 6- 2 -94 ; 8:33AM ;SEVERSON WILCOX SlfL 612 681 4612;# 4/ 5 On the subject property. Chariman Voracek noted that on an adjacent 60 -acre parcel there now exists apartments which did not exist in 1988 and 1989. Member Milner stated that he does not believe single family is appropriate nor is multi - residential. He stated that a neighborhood business on the subject property is a good use. Member Wallace noted that although there is a policy that discourages adding to commercial inventory without reducing it elsewhere, such policy is a guide and to give directive, but not dispositive. Member Segal concurred with Wallace and added that he will bow to the owner's opinion that neighborhood business is the highest and best use for the subject property. Member Heyl stated that R -I use was not appropriate for the subject property but neighborhood business was appropriate. Member Miller suggested to continue the item until the commercial study was completed. Wallace moved, Miller seconded, a motion to approve the application for a Comprehensive Guide Plan Amendment changing the land use category of approximately 7.63 acres from D -I Single Family Residential (0 - units /acre) to NB (Neighborhood Business) located in the northwest corner of Lexington Avenue and Diffley Road in the SW of Section 23. Member Heyl noted for the record the Commission's reasons for deviating from the commercial inventory policy: (1) the subject property is not appropriate for R -I use; and (2) the proposal fits with the working policy of developing neighborhood commercial nodes as complete centers; and (3) at less than 8 acres, it is not a major size of land being added to the commercial inventory. All present improved in favor. 9 612 432 3780 06 - 02 - 94 08:31AM P004 #19 SENT BY: R =95% PAGE 21 /ADVISORY PLANNING COMMISSION MINUTES MAY 24, 1994 6 2 - 94 ; 8:33AM ;SEYERSON WILCOX SHEL - , 612 681 4612;# 5/ 5 COMPREHENSIVE GUIDE PLAIT AMENDMENT - D000LAB DeCOBTER Voracek recommended continuing this item per the City Attorney's memorandum. Segal asked whether the proposed ordinance would be completed before the next City Council meeting to which City Attorney Dougherty stated that the ordinance would be before the Council in June before the next APC meeting. Heyl moved to continue to the June westing, Merkley second. All present approved in favor. ADC WOAISESSION WITH CITY COUNCIL Chairman Voracek added this to the agenda. He recommended that the APC meet with the City Administrator and some or all Councilnembers to discuss City policies and procedures such as: long -term goals for the City, working procedures; and roles and responsibilities of City staff. Such a meeting would be in a work - session format. Discussion ensued as to when the Commission would like to meet with the Administrator and Councilmembers. The Commission members concurred that the work session should occur before the June APC meeting, commencing at 5:30 p.m. ADJOURNMENT Miller moved, Heyl seconded, the motion to adjourn the May 24, 1994 Advisory Planning Commission meeting at 9:50 a.m. All present voted in favor. Secretary - Sagan Advisory Planning Commission t �o 612 432 3780 06 -02 -94 08:31AM P005 #19 Agenda Information Memo June 7, 1994, City Council Meeting REVIEW COUNTY'S PROPOSED 5 -YR CAPITAL IMPROVEMENT PROGRAM (1995 -'99) H. Review County's Proposed 5 -Year Capital Improvement Program (1995- '99) - -On May 24, the City received a request from Dakota County to review their existing ('94 -'98) CIP and provide any suggestions or modifications that should be taken into consideration for the County's '94-'49 CIP. The hey is requesting a response by June 17. The memo enclosed on pages (la—through summarizes the current CIP and provides options for Council's nsideration in providing a formal response to Dakota County. Enclosed on pages / through /q/ is a recent request regarding trailways. ACTION TO BE CONSIDERED ON THIS ITEM: Review Dakota County's 5 - Year CIP ('94 -'98) and approve /modify as necessary for 1995 - '99. 1 QI YEAR ROAD SEGMENT IMPROVEMENT 1994 Lone Oak Road Lexington Ave. Intersection Reconstruction 1994 Yankee Doodle Road Lexington Ave. to TH 149 4 -Lane Divided 1995 Lone Oak Road TH 55 into Inver Grove Heights 4 -Lane Divided 1995 Lone Oak Road Neil Armstrong Blvd to TH 55 4 -Lane Divided 1995 Yankee Doodle Road TH 149 into Inver Grove Heights 2 -Lane Rural 1995 Cliff Road ChesMar Drive to Lexington Ave. 4 -Lane Divided 1996 Nothing Scheduled 1997 Nothing Scheduled 1998 Nothing Scheduled Future Cliff Road Lexington Ave. to TH 3 4 -Lane Divided MEMO city of eagan TO: MAYOR & CITY COUNCIL C/O THOMAS L HEDGES, CITY ADMINISTRATOR FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS DATE: JUNE 2, 1994 SUBJECT: PROPOSED DAKOTA COUNTY 5-YR CIP (1995 -1999) On May 24, the City received a request from Dakota County to review portions of their existing '94 -'98 CIP and provide any suggestions or modifications that should be taken into consideration for the County's '95- '99 CIP. The County has requested that the City respond by June 17 with any comments. The following comments are the result of a review performed by the Departments of Public Works along with Parks & Recreation. Roadway Improvements CURRENT ('94 - '98 CIP) 1 (f2 YEAR ROAD SEGMENT LOCATION 1994 None Scheduled 1994 Cliff Road @ TH 3 1995 Cliff Road ChesMar Dr. to Lexington Ave. South Side Only 1995 Lone Oak Road TH 55 into Inver Grove Heights North Side Only 1996 None Scheduled Future Yankee Doodle Road @ Washington Drive 1997 None Scheduled 1998 None Scheduled Future None Scheduled YEAR IMPROVEMENT LOCATION 1994 Pilot Knob Road @ Corporate Center Drive 1994 Pilot Knob Road @ Wescott Road 1994 Cliff Road @ TH 3 1994 Lexington Avenue @ Wescott Road 1995 Yankee Doodle Road @ TH 149 1996 None Scheduled 1997 None Scheduled 1998 None Scheduled Future Yankee Doodle Road @ Washington Drive Future Pilot Knob Road @ Towerview Road REQUEST YEAR LOCATION /IMPROVEMENT CITY COST Schedule ? Cliff Rd. from Lexington Ave. to TH 3 $1,800,000 Reschedule 1995 to ? Lone Oak Rd. from TH 55 to Inver Grove Heights 800,000 New Addition 1997 -'99 Miscellaneous Yankee Doodle /Pilot Knob Ring Road Improvements 11,000,000 Signals Bikeways Roadway Improvements 1. 2. 3. OPTIONS FOR COUNCIL CONSIDERATION REQUEST YEAR LOCATION /IMPROVEMENT CITY COST New Addition 1995 Lone Oak Rd. /Lexington Ave. to TH 55 (north side) -0- New Addition 1995 Pilot Knob Rd./494 into Mendota Heights (west side) -0- New Addition ? Cliff Rd. /Lexington Ave. to TH 3 (South Side) -0- New Addition 1995 Yankee Doodle Rd. /Lexington Ave. into Inver Grove Heights (south side) -0- REQUEST YEAR LOCATION /IMPROVEMENT CITY COST Reschedule 1994 to ? Lexington Ave. @ Wescott Rd. $45,000 Relocate & Schedule Future to 1997 Relocate Traffic Signal from Pilot @ Towerview Rd. to High Site Dr. $45,000 REQUEST YEAR LOCATION /IMPROVEMENT CITY COST New Addition 1995 Wescott Library/Parking Lot Modifications, Landscaping & Signage Improvements -0- Signals 4. 5. Trailways 6. 7. 8. 9. Building Improvements 10. Comments Regarding Options For Council Consideration 1. & 8. The City and the County have received continued requests from a property owner in the Park Cliff Addition to have Cliff Road upgraded from ChesMar Drive to TH 3 with off -road trail systems providing access to Schultz Lake Beach and intersection control with Lexington Avenue. 2. Should this segment of County road be delayed until the anticipated desired industrial development can be foreseen minimizing the financial impact special assessments will have on the existing large lot residential development on the south side of Lone Oak Road? 3. The earliest any Ring -Road improvements can be initiated is approximately 1997. If the City wishes to pursue these major transportation improvements, it is possible to have them completed within the foreseeable 5 -Year CIP. Should they be scheduled for funding programming purposes now? 4. While the intersection of Wescott and Lexington Avenue technically meets the warrants for signalization, the present 4 -way stop condition does not appear to create any significant problems reconstituting an expenditure of approximately $45,000. However, the City staff has received 2 -3 calls complaining about congestion during a.m. /p.m. peak hours. 5. Location is more compatible with future Ring Road crossing and potential development of the Unisys property. 6. Previously deleted when Council denied Project 601. Should be re- requested to coincide with future schedule of roadway improvement. 7. Dakota County would like to have support from the City of Eagan for continuing the trailway system into Mendota Heights and, ultimately, connecting to the Soo Line Railroad trailway near Fort Snelling State Park. 9. Yankee Doodle Road is not on the County's trailway system. However, the County should participate in at least 1 off -road trailway whenever any County road is upgraded for safety benefits and to accommodate intermodal transportation. 10. Dakota County should anticipate and budget for various site improvements to coincide with the Municipal Center expansion planned for 1995. I will be available to further discuss these recommendations and provide additional information that would help the Council provide a response to the County. Respectfully submitted, Director of Public Works TAC /jj cc: Mike Foertsch, Assistant City Engineer Arnie Erhart, Superintendent of Streets /Equipment Ken Vraa, Director of Parks & Recreation Peggy Reichert, Director of Community Development CIPDISC 95- 99CIP.DAK 4./04 4 ty., May 23, 1994 Mr. Tom Colbert, City Engineer City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 -1897 Dear Mr. Colbert: In 1992 and 1993, I corresponded with Dakota County Commissioners Chapdelaine and Richards about a 1995 Dakota County highway project to improve Cliff Road between Ches Mar Drive /Fairway Hills Drive and Lexington Avenue. I requested that paved pedestrian /bike paths be added on both sides of Cliff Road and a traffic light be added at Cliff Road and Lexington Avenue to provide those of us in the Park Cliff neighborhood with a safe way to get to Eagan's recreational areas. Park Cliff is surrounded by Cliff Road, Parkview Golf Course, and Lebanon Hills Regional Park, and we have no safe pedestrian /bike access to Eagan's parks /playgrounds. I also requested that the Cliff Road project be extended east to Schultz Lake Beach Road to provide all Eagan residents with a safe way to get to Schultz Lake, Eagan's only life - guarded public swimming site. Copies of the correspondence are enclosed. Last week I spoke with Dave Everds, Dakota County Highway Engineer, about the Cliff Road project's status. He indicated it is still planned for the area from Ches Mar Drive /Fairway Hills Drive to Lexington Avenue only, but that since improvements are being made this year at Cliff Road and Highway 3, consideration might be given to extending the 1995 Cliff Road project, maybe even as far as this year's Highway 3 improvements. Since Eagan plays a role in such projects, particularly with regard to paved pedestrian /bike paths, he suggested I contact you about my request. My reasons for suggesting the extension are contained in the enclosed correspondence, so I won't restate them. I again request that the 1995 Cliff Road improvement project be expanded as I have suggested to finally give Park Cliff neighborhood residents safe access to Eagan's recreational areas and Eagan residents a safe way to get to Schultz Lake. Please contact me if you'd care to discuss this. You can reach me at 452 -4058 (home) or 348 -6261 (work, Monday- Thursday). Sincerely, Roxanne M. Flett ROXANNE M. FLETT 4654 Parkridge Court Eagan. MN 55123 -2137 (612) 452 -4058 (i RECEIVED my 2 19Y, Enclosures cc: Louis Breimhurst, Physical Development Divison Director, Dakota County Dave Everds, Highway Engineer, Dakota County Allen Moe, Dakota County Planning Dee Richards. Dakota County Commissioner April 6, 1993 Ms. Dee Richards Dakota County Commissioner 1590 Highway 55 Hastings, MN 55033 Dear Ms. Richards: Enclosed are copies of correspondence with former County Commissioner Don Chapdelaine regarding pedestrian /bicyclist safety on Cliff Road (County Road 32) between Fairway Hills Drive /Ches Mar Drive and Schultz Lake Beach Road in Eagan. I believe Eagan residents need a safer way to walk /bike to Schultz Lake Beach. Eagan's only outdoor, life - guarded public swimming site. and it appears that Dakota County has an opportunity to incorporate a safer access during 1995 when the County will be improving Cliff Road from Fairway Hills Drive /Cher Mar Drive to Lexington Avenue. Also enclosed is a letter I sent to the Sun - Current Newspapers regarding this issue. I hope you'll give this matter some attention for the benefit of not only my neighborhood, Park Cliff, on the south side of Cliff Road, but also for Eagan residents living north of Cliff Road who need a safe walking /biking access, during summer months in particular, to Schultz Lake Beach. I'd be happy to discuss this with you. Please feel free to call me at home (452 -4058) or at work (348- 6261). Sincerely, Roxanne M. Flett Enclosures , z ,,, - 1et -- ROXANNE M. FLETT 4654 Parkridge Court Eagan, MN 55123 -2137 (612) 452 -4058 in Dear Ms. Flett: DAKOTA COUNTY Ms. Roxanne M. Flett 4654 Parkridge Court Eagan, MN 55123 -2137 DAKOTA COUNT,' GOVERNMENT CENTER 1560 HWY 55 HASTINGS MINNESOTA 55033 (6121438-4429 This is in response to your letter dated July 23, 1992. I understand and share your concerns regarding pedestrian and bicycle traffic on Cliff Road. As mentioned in my letter dated June 23, 1992, the 1995 Cliff Road project does include a bikeway to Lexington Avenue. There is no road project funded or scheduled at this time east of Lexington Avenue. Such a project must be requested by the City of Eagan as County policy requires City financial participation. The current parking activity is along the south side of Cliff Road and is caused by parking demand exceeding the available off roadway parking spaces. There is funding in the 1993 Dakota County Parks budget request to expand the parking areas around Holland Lake and this work could take place during 1993. This should alleviate the conflict mentioned in your letter and it would at that time, be reasonable to prohibit parking on Cliff Road. To restrict this parking activity at the present time could increase the hazards by forcing longer walking distances along Cliff Road and by causing the need for increased pedestrian crossings at Cliff Road. A traffic signal at Lexington Avenue will be studied for justification in conjunction with our project in 1995 and will be installed if needed. We will consider your request for an off roadway bike trail on the south side of Cliff Road between Fairway Hills Drive and Schultz Lake Beach Road in our Capital Improvement Program reviews. Thank you for bringing these issues to our attention. Sincerely, ../ 4 Do ald R. Chapdelaine Commissioner, Third District cc: Louis Breimhurst Thomas Colbert Dave Everds Barb Schmidt Allen Moe 1?/ AN EQUAL OPPORTUNITY EMPLOYER DONALD R. CHAPDELAINE Cf'!r•i$SiCNFP - THIPC ^icTRir. 5 75 2 LANE EAGAN rA`1 55121 TELEPHONE NOME 2533 August 17, 1992 July 23, 1992 ROXANNE M. FLETT 4654 Parkridge Court Eagan, MN 55 123 -2 13 7 (612) 452 -4058 Mr. Donald Chapdelaine Dakota County Commissioner 1590 Highway 55 Hastings, MN 55033 Dear Mr. Chapdelaine; Thank you for your June 23rd response to m paths on Cliff Road, Y letter regarding pedestrian /bike You responded that when Cliff Road was improved in 1986, the shoulders were widened and paved "for the safer for bicyclists and purpose of making the roadway shoulder is impossible near Holland s Lake l on f many hot summer /dayscl when a the use of the parking lot is full and overflow parking fills the shoulder, o ear e by recent hot afternoon as I drove east on Cliff Road to Schultz LakeeBeacch, os a young boy with a beach towel biking eastward on the shoulder. Y Holland Lak I saw approached the long line of cars parked on the shoulder by As Lake, he slowed his bike to decide on which side of the cars he was to ride and resumed on Cliff Road as there was no room for him on- This illustrates the obviously dangerous situation about whichtIeamhconccer e . If the shoulders were widened and concerned. Dakota County paved in 1986 for the use and safety of Better yet, Dakota County should removeould prohibit parking on the shoulders. Pedestrians /bicyclists from Cliff Road by installing a paved pedestrian /bike path to Schultz Lake Beach Road. I understand Dakota County's budget constraints given and priorities. I also understand that extending the 1995rCliffgRoadhhighwayher improvement project to Schultz Lake Beach Road would be costly and difficult Dakota County and the City of Eagan to fund b 1995, y the cost to sim 1 y However, I believe tht p y extend the bikeway portion of that Beach Road would not be excessive. Ideall the project would also to Schultz La pedestrian - controlled traffic control signal at LexxingtonAvenues i or residents a north of Cliff Road could safely cross to the County install as soon as path. I again request that Dakota County improvement as possible but certainly no later than the 1995 Cliff Road between ent p o�ect a paved pedestrian /bike path on the south letter, I also Driv ofhEaganLsupportcsuchaa. t copy of this side of Cliff By a such a path. Dakota County recently received a National Association of Counties award bikeway system. Please enhance this excellent system by providing Eagan citizens with a safe way to walk /bike to our only for its swimming site. Again, if you'd care to discuss thostdoor, life- guarded 5 (home) or 3 48 - 6261 2 1 452-4058 (work). please call me at 4 452 2 Sincerely, Roxanne M. Flett cc: Louis J. Breimhurst, Physical Development Division Director, Dakota County Everds, Highway Engineer, Dakota County Barb Schmidt, Acting Dakota y Allen Moe, Dakota County Planning Pa Direct() Thomas Colbert, City Engineer, City of Eagan r Ken Vraa, Director of Parks and Recreation, Ci (O + gar June 23, 1992 Dear Ms. Flett: DAKOTA COUNTY Ms. Roxanne M. Flett 4654 Parkridge Court Eagan, MN 55123 -2137 DAKOTA COUNTY GOVERNMENT CENTER 1560 H7/Y 55. HASTINGS MINNESOTA 55033 (612) J38 - 4 - 129 DONALD R. CHAPDELAINE Cft" „ ccl( ' L l DI 1O.7 575 CHAPEL LANE FAGAN t,1 J 55 TELEPHONE HOME 45 4 2533 Thank you for your letter dated June 10, 1992, regarding pedestrian /bike paths on Cliff Roacl. I can certainly see that the movements mentioned in your letter have special safety concerns. The Cliff Road improvement project mentioned in your letter is a $1.2 million project with its costs shared between the County and City of Eagan. With the exception of the County Bikeway System, Dakota County does not construct sidewalks. The 1995 project does include funds for a County Bikeway on one side of Cliff Road. If the City requests and funds a sidewalk on the other side of Cliff Road, our project could include sidewalks /bikeways on both sides of the road. We would consider extending this project beyond Lexington Avenue if requested by the City of Eagan, however, extending this project to the Schultz Lake Beach Road would double the costs to $2.4 million and may be difficult to fund by 1995. Dakota County is growing very rapidly and it has been difficult to fund the Capital Improvement Program for Highways to keep pace with needed improvements. To accelerate this project to an earlier year would require postponing other projects that are presently of a higher priority and this would not be considered without a request from the City of Eagan. In 1986 Cliff Road was improved by widening and paving the shoulders for the purpose of making the roadway safer for bicyclist and pedestrians. Without the paved shoulders, the roadway would be much more difficult for these uses. I appreciate your concerns and am forwarding your letter to the city of Eagan for their consideration. Sincere /,e-? Donald R. Chapdelaine r Commissioner, Third District cc: Louis Breimhurst, Dakota County Physical Development Thomas Colbert, City of Eagan Barb Schmidt, Dakota County Parks Allen Moe, Dakota County Planning Igo AN EQUAL OPPORTUNITY EMPLOYER t3 June 10, 1992 Mr. Donald Chapdelaine Dakota County Commissioner 1590 Highway 55 Hastings, MN 55033 Dear Mr. Chapdelaine: I live in Eagan's Park Cliff neighborhood which is bordered by Cl north, Parkview Golf Course on the west, and Lebanon Hills RegionalfParkdonnthee south and east. Unlike most Eagan neighborhoods, Park Cliff residents have no safe pedestrian /bike accesses to area recreational sites, including Schultz Lake Beach. This poses a safety concern for many of us, especially with regard to the safety of our children. In order for us to walk or bike to the nearest park or Schultz Lake Beach, we must use the shoulder of Cliff Road. This is a dangerous situation given the high traffic volume, passing cars, and 50 m.p.h. speed limit on Cliff Road. I recently spoke with Leslie Anderson of your highway department and learned that Cliff Road improvements from Ches Mar Drive /Fairway Hills Drive to Lexington Avenue are scheduled for 1995, three years from now. Since our safety concerns are 'immediate, I am requesting that Dakota County install, at a minimum and as soon as possible, a paved pedestrian /bike path on the south side of Cliff Road from Fairway Hills Drive to Schultz Lake Beach Road. I am also proposing that Dakota County consider expanding the 1995 Cliff Road improvement project to also include the portion of Cliff Road from Lexington Avenue to Schultz Lake Beach Road, including paved pedestrian /bike paths on both sides of the road. Permanent paved paths to Schultz Lake Beach Road would benefit not only Park Cliff residents, but all Eagan residents living north and west of Schultz Lake. In addition, a traffic control signal or some other way for pedestrians/ bicyclers to cross Cliff Road in this area would benefit Eagan residents on both the north and south sides of Cliff Road. Schultz Lake Beach is Eagan's only outdoor, life -- guarded public swimming site and is likely to remain so for some time given the recent defeat of an Eagan bond referendum for a public outdoor swimming pool /indoor ice arena complex. I wouTd appreciate your reviewing this matter. If can reach me at 452 -4058 (home) or 348 -6261 (work)You care to discuss this, you (work). Sincerely, Roxanne M. Flett ROXANNE M. FLETT 4654 Parkridge Court Eagan, MN 55123 -2137 (612) 452 -4058 cc: Louis J. Breimhurst, Physical Development Division Director Dave Everds, Highway Engineer Barb Schmidt, Acting Parks Director Ken Vraa, City of Eagan, Director of Parks and Recreation ( MINUTES OF.:*:ifliki4L OF THE EAGAN CITY COUNCk:;: Eggan, Minnesota A Special City Council meeting was held on Thursday, April 28, 1994 at 5:00 p.m. in the Conference Rooms of the Eagan Municipal Center building for the purpose of Interviewing City Attorney candidates. Those In attendance were Mayor Egan and City Councilmembers Awada, Hunter and Wachter. City Councilmember Masin was absent due tq:4:16 her to be out of the State of Minnesota. Also in attendance was City 4m1niatrato f -ted g e s • .•.•.•.•. CITY ATTORNEY INTERVIEWS Mayor Egan asked the members of the cfty Coundll. to tevlew some sample questions prepared by the City Administrator for use while intervii ) consideration for the City Attorney appointment. City Administrator Hedges recommended . that a . Special City Council meeting be scheduled for Tuesday, May 3, 1994 at 5:00 p.m. to discu0:*10.*:00.01rPO44pvelopment related projects. In a motion by City Councilmember Wachter, seconded *iibet with all members voting in favor, a Special City Council meeting was scheduled for MaY.4; 1994 at5300 p.m. • •-• .•.•.•. Date City Administrator Hedges introduced each of the four (4) firms as they were scheduled for forty-five (45) minute interviews in succession by the City Council. The firms of Campbell, Knutson, Scott & Fuchs; Grannis, Grannis, Hauge, Eide, Anderson &Keller; Holmes & Graven; and Severson, Wilcox & Sheldon were the firms recommended by a screening corOnitte.rnade up of the City Administrator, Director of Community Development and Director of Public Works • ...•,•.•:•• ••••• • • Following the interviews, City CouncilOembers discussed each of the firms, stating that the appointment should consider the firm and leact key staff's ability to communicate, availability and commitment of key staff tina and value of service per cost. After further discussion, there was a consensus*Ohe'aPpointment be placed on the Consent Agenda for the May 3 regular City Council meeting. SPECIAL CITY COUNCIL MEETING/MAY 3, 1994 .• •••• OTHER There being no further business, the meeting was adjoumed at 9:15 p.m. City Clerk TLH MINUTES:0k' A SPECIAL MEO OF EA.Gt1N CITY COUNCIL. May 3, 1994 A Special City Council meeting was held on Tuesday, May 3, 1994 at 5:00 P.M. in the Eagan Municipal Center Building. The purpose of the meeting was to review Police addition plans, discuss Blackhawk Road Appraisals, discuss gold driving range, and pC4 de t regarding Civic Arena/Wading Pool Project. Those in attendance were Mayor Egan, aiid City; oiii et members Awada, Hunter, Masin, and Wachter. Also present were Director of Public Works Colbert;:::Director::ti C ommunity Development Reichert, City Attorney Sheldon, Chief of Police Geagan, Architect Thorbeck, Project Manager Mike Stowe, Superintendent of Parks VonDelinde, Superintendent of Recreati'o ii . Peterson., Administrative Intern Pruitt, and City Administrator Hedges. REVIEW POLICE ADDITION PLANS Chief of Police Geagan introduced the purpose of this agenda item was to allow the City Council to review the progress the architect and construction manager are making on the new police facility. Architect Thorbeck presented architectural drawings, book and project manual for Council review, noting there were no changes since the end of design development, except for the Council's direction to change paneling to white oak. He added that a detailed presentation :of poposed colors would be forth coming. Mr. Thorbeck stated several meetings with .the steering .committee and various departments phone have led to the appropraite planning for telephone systems. antl:eaiergeiecy generators have been planned for He added that as far as he was aware the budget : was: tom sanei . f le provided several alternatives the Council could consider to reduce expenses. Among those:: included the alternative to change the screenwalls, designed to conceal the generators, to brick for cost savings, to chose whether to eliminate or keep two proposed skylights to allow for natural light in an internal police hallway and 2nd floor public waiting area, and a roof options shown on colored sketches. Councilmember Wachter clarified.there two generators for the municipal center. Architect Thorbeck described how a U- shaped wall w exteitd•:a ound for 12 feet. Chief of Police stated the Police Departmen(hiad a lot &f:tnput, and staffs opinion is that the design overall is very functional. PROJECT 659, DODD ROAD STREET siCONSTRUCTION Director of Public Works Colbert explained that the original proposed assessments had been affirmed by a•report from the City Attorney's office regarding the value of benefit from the project in relation to the proposed assessments. Mr. Colbert added that it had been determined that the benefits met or exceeded the assessed amount. Council provided direction to stafftase4:out :.notices:.to.a1l assessed property owners relating the City Attorney's findings. City Council acknow d ge • . d: .t .... " oa:. of the assessment appraisal process and reaffirmed the pending assessment role for Project 659 (Dodd Road). PROJECT 665, BLACKHAWK ROAD (STREET & :ThAILWAY IMPROVEMENTS) Director of Public Works Colbert explained that the appraisal process on Blackhawk had been completed by two appraisers. He added that out of the ten properties identified access was provided to 8 properties. He also noted there was a reductwo. in some assessor nts due to the relationship of benefit. Mr. Colbert explained after the City Attorn4N ofGG v2fuated the appraisals, it was recommended that the per lot equivalent assessment be adjusted to $1,500 - per lot equivalent (LE) for areas where concrete curb and gutter and drainage facilities currently existed, and $3,500 per lot equivalent for areas where improvements were being installed in addition to the street resurfacing. He stated that the preliminary assessment roll was revised accordingly, the appraisal process limits the assessment revenue at $289,740, compared to the feasibility report of $310,567. City Council direction was given to staff to nullify resid on Blackhawk Road of a reduction in assessments. GOLF•:DRLVING..RANGE Director of Parks and Recreation Vraa explained when the golf course was originally sketched it was designed for a north -south orientation. Following consultation with Berkeley Risk Services, Mr. Vraa explained the configuration was altered to a different orientation. Berkeley Risk Associates suggested using telephone poles and netting in order to control errant golf ball impacts on closest homes. However, Mr. Vraa added the developer does not want to proceed with the.method of using telephone poles with netting for it is considered too expensive. Mr. Vraa also noted that usnig to lessen golf abll impacts on nearby homes may not work as effective. Director of Parks Vraa explained there is:a use coafli,ct.Ietween golf and ball fields, since the golf driving range may have errant balls that could impact ball : fief l pace : : Councilmember Wachter questioned how long it would be before the City would need all,.of tbe::tiaseball fields. Director of Parks and Recreation Vraa responded that according to Consultant Bartoil:Asnni'an, the City will need all of the proposed ball fields and • possibly six more. Following discussion, the City Council stated they encouraged the entrepreneurial spirit of the proposal and would like the developers to arrive with additional options other than those discussed. Council also supported neighborhood input for any alignment of the .golf driving range other than north -south proposal. Alibis i&f DfSCD$SIOIV CIVIC ARENA/ WADING POOL:PROJECT Director of Parks and Recreation Vraa requesi0 direction: from the Council on what type of pool the City was interested in. Council consensus supported a wading * for preschoolers and youth up to age 5 -6 years. - • Superintendent of Recreation Peterson stated Minneapolis has experienced problems with older children in the wading pool without lifeguard supervision. Discussion continued on liability issues of lifegaurd and noon - supervision of wading pools. City Council consensus supported ..... a..p.. ..: ading.ponl desinged for small children, 5-6 year olds, and under. Signage noting the pool was a ''baby pond ":i x '�to dlot:pool" was encouraged. They also supported the minimization of operational expenses and the absence wading pool fees. ADJOURNMENT:: The Special City Council meeting was adjourned at approximately 6:30 p.m. City Clerk Date E. J. VanOverbeke If you need these minutes in an alternative: Olaf Ve Pritit, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan . 141 . 4.$5i22,.(612), 681-4600 (TDD phone: (612) 454-8535).