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)
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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.
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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)
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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.
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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
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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)
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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
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DARVALE DRIVE
AGAN, MINNESOTA
OPOSED IMPROVEMENTS
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PERMANENT EASEMENTS
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PROJ. NO. 667
FILE NO.
A -EAGAN 9406.00
FIGURE NO.
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ON CEDARVALE
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000 PARCELS PROPOSED
TO BE ASSESSED.
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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.
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RIGHT -OF -WAY VACATION SITE
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WORKS RIGHT-OF-WAY
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LEGAL DESCRIPTION /
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,.. 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;
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/ 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 ,
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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
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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
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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
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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.
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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
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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.
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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
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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
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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
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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
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All present voted in favor.
All present voted in favor.
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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.
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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.
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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.
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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
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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
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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
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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
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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`
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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.
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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 •
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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
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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`
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06 - 02 -94 08:31AM P003 #19
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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
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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).