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03/02/1993 - City Council Regularm. i AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING MARCH 2, 1993 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) P' II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) IV. 6:55 - CONSENT AGENDA (PINK) f, ,-11-- A. PERSONNEL ITEMS 1 . B. AUTHORIZE Prepayment Without Interest of Special Assessments on City Owned Property nop, /S C. LICENSE, Tree Contractor, The Tree Stump Co, 13677 Dan Patch Drive, Savage MN P. (, D. LICENSE, Massage Therapist, Barbara Ward, Wastle Chiropractic & Wellness Center, 1340 Duckwood Drive /7 E. RECOMMENDATION, Airport Relations Commission, Request MAC Study of Alternative I Departure Profiles 44 F. EXTENSION, Final Plat Recording, Oak Cliff Seventh Addition ...2(41,G. EXTENSION, Final Plat Recording, Eagan Elementary School No. 17 F....24H. CONTRACT 93-02, Approve Plans/Authorize Advertisement for Bids (Cedar Grove - Street Reconstruction 21 I. PROJECT 607, Approve Amendment to City/County Agreement (Diffley Road - Reconstruction) 0. 3()J. PROJECT 607, Approve Agreement (Diffley Road - Pedestrian Underpass) 1 31 K. RECEIVE Bids/Award Contract, City Facilities Refuse & Recycling Collection 40 L. LICENSES, Plumbers V. 7:00 - PUBLIC HEARINGS (SALMON) P t 44 : VACATE Four Side Lot Drainage and Utility Easements, Lots 5 & 6, Block 1, and Lots 4 and 5, Block 3, St. Francis Woods 4th Addition L(C.( B. PROJECT 624, Dodd Road & 494 - Signalization & Intersection Capacity Improvements) VI. OLD BUSINESS (ORCHID) /p.g 9 A. APPOINTMENTS, Advisory Parks, Recreation & Natural Resources Commission qB. 1993-1997 Five-Year Capital Improvement Program . , t C. RESOLUTION, Dakota County Economic Development Partnership, 1993 Membership 01. AMENDMENT, City Code Chapter 11 Regarding Off-Site Advertising (Billboard Signs) ` VII. NEW BUSINESS (TAN) p !P"l A. REZONING, Pondview Townhomes/Good Value Homes, Inc. , of Approximately 11.3 A t (Agricultural) Acres to an R-3 (Townhouse) District and a PRELIMINARY PLAT Consisting of 27 Units Located Along the North Side of Englert Road, West of Pilot Knob Roadk in priqO the SE 1/4 of Sec 16 B SHORELAND ORDINANCE, City of Eagan, Ordinance Amendment to Chapter 11 of the City Code Pertaining to Shoreland Zoning Regulations i VIII. ADDITIONAL ITEMS (GOLD) IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. 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 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: FEBRUARY 26, 1993 SUBJECT: AGENDA INFORMATION FOR THE MARCH 2, 1993 CITY COUNCIL MEETING POPT AVENDAIAPPROVE worms After approval is given to the March 2, 1993 City Council agenda, regular meeting minutes for the February 16, 1993 City Council meeting, and special meeting minutes for the February 9, 1993 meeting, the following items are in order for consideration. (Note: A copy of the special meeting minutes will be included with the Additional Information packet on Monday.) 1 Agenda Information Memo March 2, 1993 City Council Meeting There are twelve (12) items on the agenda referred to as consent items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS Item 1. Community Development Director Hiring Process--The City Council Personnel Committee met at 8:00 a.m. on Thursday, February 25, 1993, in order to review a draft position description and hiring schedule for the position of Community Development Director. At that meeting, several modifications were made to the position description for Community Development Director. This item will also have been discussed at the special City Council meeting which is scheduled for March 2, 1993 prior to the regular City Council meeting. For the Council's information, a copy of the draft job description for Community Development Director as recommended by the Personnel Committee, a copy of the proposed advertisement schedule for the position and a tentative timeline for the hiring procedure are enclosed on pages 3 through . The hiring timeline is tentative depending upon dates of publications in which ads will be placed. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the job description and hiring procedure as presented for the position of Community Development Director. ?"— CITY OF EAGAN POSITION DESCRIPTION POSITION TITLE: Community Development Director DEPARTMENT: Community Development REPORTS TO: City Administrator POSITION SUMMARY: To plan, direct and provide leadership for the community development, economic development, planning and zoning, general government building and protective inspection programs/ divisions in the City of Eagan in a manner. that will facilitate and insure the safety and health of the community and provide for an effective and sound development procedure/ policy consistent with council policies and established codes and regulations. ESSENTIAL POSITION FUNCTIONS: 1. Plans, directs and coordinates short and long range planning for all divisions of the Community Development Department (planning and zoning, protective inspections, economic development, and general government buildings) by directing and coordinating work of department staff and consultants. 2. Plans, directs and coordinates the administration of planning and zoning ordinances, policies and procedures for the City. 3. Plans, directs , and coordinates the administration of protective inspection functions for the City. 4. Plans, directs and coordinates the administration of economic development functions for the City. 5. Plans, directs and''coordinates the administration of general government buildings functions for the City. 6. Plans, directs and coordinates the administration of special development studies and projects, such as housing for the aged, redevelopment projects, HRA functions, alternate transportation studies, etc. 7. Prepares annual departmental budget request and monitors expenditures. 8. Conducts research and develops agenda items and proposed ordinance revisions for presentation and consideration. 3 9. Works with consultants and other outside individuals/groups involved in studies affecting the physical development of the City and coordinates special projects and studies. 10. Supervises directly reporting employees by assigning tasks, evaluating performance, providing training, establishing procedures, conducting semi-annual performance appraisals, etc. 11. Responsible for the preparation of planning/economic development grant proposals. 12. Represents City to other government agencies regarding planning/economic development/protective inspections issues. 13. Administers the Star Cities Program and serves as staff liaison to the Economic Development Commission. 14. Coordinates community development/redevelopment projects with other departments and government agencies. 15. Makes oral presentations regarding department agenda items at City Council meetings including the use of visual aids. OTHER POSITION FUNCTIONS: 1. Conduct neighborhood and community meetings during the development/redevelopment process. 2. Performs other duties as apparent or assigned. WORKING CONDITIONS: 1. Office Settings 98% Field 2% 2. The workload of this position is such that during some periods of time activities will be hectic and stressful with numerous and diverse tasks being performed at fast pace. 3. Field work includes visiting sites planned for development/ redevelopment. HOURS OF WORK: FLSA exempt position DIRECTLY SUPERVISES: City Planner, Chief Building Official, Assistant Chief Building Official (government building maintenance functions only) , Community Development Department Secretary MINIMUM QUALIFICATIONS: 1. Baccalaureate degree in public administration, urban studies or closely related field. 2. At least five years experience in government administration, with increasing responsibility, including two years at a department head or extremely responsible assistant department head level. 3. A thorough knowledge of state, federal and municipal policies, laws and codes affecting department operations. 4. A demonstrated ability to motivate, train, direct and supervise others. 5. Ability to develop and maintain positive and effective working relationships with employees, elected and appointed officials, architects, contractors, developers and the general public. 6. The ability to be a creative and innovative thinker. 7. Ability to communicate effectively orally, graphically and in writing. 8. Ability to perform all essential position functions under the working conditions as described. DESIRED QUALIFICATIONS: 1. Master's degree in public administration, urban studies or closely related field. 2. Five years experience as .a department head in a City of over 20, 000 or as an assistant department head in a City of over 35, 000 or a combination of both. 3. Experience in working with a municipal growth community. 4. Experience working with municipal redevelopment functions. 5. Working knowledge of municipal protective inspection functions. SUGGESTED PLACEMENT OF ADVERTISEMENTS FOR COMMUNITY DEVELOPMENT DIRECTOR Publication Pate Minnesota Cities Bulletin March 8 or 15 Issue ICMA Newsletter March Issue "JobMart" Publication from the American Planning Assn. March Mpls Star/Tribune (regional editions) March 7 and March 21 St. Paul Pioneer Press/Dispatch March 14 Mn. Suburban Newspaper (includes Eagan Chronicle and all other company publications March 10 ThisWeek Newspapers March 14 Minnesota Women's Press March 10 Insight News (African American) March 8-10 In addition to the above advertisements, posting notices will be sent to the regular listings of minority and employment organizations and cities in the Metropolitan area. L COMMUNITY DEVELOPMENT DIRECTOR TENTATIVE HIRING SCHEDULE March 7, 1993 Ads placed in local newspapers, national and state publications April 9, 1993 Application deadline April 12-16 Applications screened April 16 Notify applicants for first interview April 28 Hold first interview* May 11 Special council meeting/interview finalists May 18 Officially approve hiring June, 1993 Possible starting time *Suggested interview panel would include City Administrator Hedges, Assistant to the City Administrator Duffy and a Community Develop- ment Director from another community. Members of the Council 's Personnel Committee could observe. r_1 Agenda Information Memo March 2, 1993 City Council Meeting Item 2. Water Quality Technician--Although approximately 90 applications were received for this position, over half of the applications did not meet the minimum qualifications. Of the remaining applications, qualifications varied. All qualifications were rated and the ten applicants with the highest point totals were invited to the Eagan Municipal Center on Wednesday, February 24, 1993, for an "in-basket" written exercise and an interview. The interview panel consisted of Director of Parks & Recreation Vraa, Parks Superintendent VonDeLinde, Water Quality Coordinator Brasch and Assistant to the City Administrator Duffy. Presently, references are being checked. It is expected that a name will be furnished to the Council for recommendation for hire for this position either in the Additional Information packet or at the Council meeting. If it is not possible to supply a name at those times, approval is requested for hire of the person to be recommended. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hire of a person to be named as Water Quality Technician. Item 4. Administrative Assistant/Police Department--Although approximately 120 applications were received for this position, the majority of the applications did not meet the minimum qualifications. Of the remaining applications, qualifications varied. All qualifications were rated and the ten applicants with the highest point totals were invited to the Eagan Municipal Center on Wednesday, March 3, 1993, for an "in-basket" written exercise and an interview. The interview panel will consist of Chief of Police Geagan, Administrator Lieutenant Swanson and Assistant to the City Administrator Duffy. Because of the need to fill this position as soon as possible, the Chief of Police and City Administrator are requesting approval of a person to be named following the interview and in-basket procedure as the Administrative Assistant in the Police Department. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a person to be recommended by the Chief of Police as the Administrative Assistant for the Police Department. Item 5. Administrative Captain/Operations Captain/Police Department--As part of the reorganization which has been approved by the City Council for the Police Department, the positions of Lieutenant were eliminated and positions of Captain were created. It is the recommendation of City Administrator Hedges and Chief of Police Geagan that Administrative Lieutenant Richard Swanson be promoted to the position of Administrative Captain. In addition, a promotional process for the positions of Operations Captain was conducted by Personnel Decisions Incorporated for interested City of Eagan Sergeants. The result of that process is that Sergeant James Sewald is being recommended for the position of Operations Captain. Sergeant Sewald tested the highest of all those involved in the process. These appointments will be effective April 19, 1993. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the appointment of Richard Swanson as Administrative Captain and James Sewald as Operations Captain in the Eagan Police Department, effective April 19, 1993. Agenda Information Memo March 2, 1993 City Council Meeting Item 6. Patrol Sergeants/Police Department—Because of the approved reorganization to the Eagan Police Department, there are three Patrol Sergeants vacancies. Approximately one year ago, the Eagan Police Department went through an extensive and expensive promotional process with Personnel Decisions, Inc., to develop a three-year promotion list - for the position of Sergeant. It is the recommendation of City Administrator Hedges and Chief of Police Geagan that the next three persons on the promotional list be promoted to Sergeant effective the following dates: April 19, 1993: Officer Tom Schoenecker June 1, 1993: Officer Brad Ramthun July 1, 1993: Officer Jeff Johnson ACTION TO BE CONSIDERED ON THIS ITEM: To approve the promotion of Officer Tom Schoenecker to the position of Sergeant on April 19, 1993; Officer Brad Ramthun on June 1, 1993; and Officer Jeff Johnson on July 1, 1993. Item 7. School Resource Officer/Police Department--The City Council has approved the position of School Resource Officer being given Investigator status. It is the recommendation of the Chief of Police that this status be approved effective April 19, 1993. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the change in status of the School Resource Officer to Investigator status effective April 19, 1993. Item 8. Police Officer--During the fall of 1992, the Eagan Police Department tested approximately 160 candidates for the position of police officer. From this testing, five officers have already been hired. Chief of Police Geagan is recommending that the next person on the hiring list be hired for the open position of Police Officer. That person is James Unger who is currently a police officer with the South St. Paul Police Department. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of James Unger as a police officer effective April,19, 1993. Item 9. Retirement Health Insurance--When the Police Association collective bargaining agreement and clerical bargaining unit agreement were approved by the City Council, they contained provisions for health insurance for retirees who were eligible for full PERA benefits. At the time the agreements were approved, it was the Council's direction that like provisions be made for non-collective bargaining employees in order to achieve equity. Therefore, at this time, it would be appropriate to approve health insurance benefits for retirees who are eligible for full PERA benefits as follows: a) benefits for sworn officers who are not members of the Police Association would be equal to the provisions in that current bargaining unit's contract; b) provisions for all other non-collective bargaining regular employees at the City of Eagan would be equivalent to the provisions in the current clerical contract. Agenda Information Memo March 2, 1993 City Council Meeting ACTION TO BE CONSIDERED ON THIS ITEM: To approve retiree health insurance benefits for persons retiring from the City who are eligible for full PERA benefits as follows: a) benefits for sworn officers who are not members of the Police Association would be equal to the provisions in that current bargaining unit's contract;b) provisions for all other non-collective bargaining regular employees at the City of Eagan would be equivalent to the provisions in the current clerical contract. • Agenda Information Memo March 2, 1993 City Council Meeting - AUTHORIZE PREPAYMENT/SPECIAL ASSESSMENTS B. Authorize Prepayment Without Interest of Special Assessments on City Owned Property- -The Finance Department staff has completed a project removing assessments on City owned property from the Dakota County records and the related tax system. All assessment payments on City owned property will now be processed internally. As a follow-up,Finance Director VanOverbeke is recommending with the concurrence of the City Administrator that interest payments be waived allowing a more rapid amortization of utilization of City resources. Enclosed on pages ?— through 1.4 is a memo from Finance Director/City Clerk VanOverbeke explaining the proposed process. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the prepayment without interest of special assessments on City owned property. s. MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: OCTOBER 20, 1992 SUBJECT: SPECIAL ASSESSMENTS ON CITY OWNED PROPERTY With the rapid development of the City and related public improvement projects, assessments on City owned property have become rather substantial both in number and in dollar amount. It has been the policy of the City to levy assessments against City property just as any other property owner. This policy has provided some assurance to other benefiting properties that the system is fair and equitable. The City's special assessments have been certified to the County, placed on the tax statements and then paid through the property tax payment system. The payments have come from the particular City fund benefiting from the specific improvements. Public utilities pays on its facilities, e.g. wells, reservoirs, etc., the Park Site Acquisition and Development Fund pays on park property and • the General Fund has paid on all other public property, e.g. fire stations, Municipal Center, etc. As a practical matter, paying the special assessments through the property tax system is doing nothing but taking City money,giving it to the County and then waiting for the County to give it back. Unfortunately, up until recently that was the only mechanism the City had that enabled us to keep track of the assessments at all, consequently, we retained that process. With additional utilization of our special assessment system, we now have in-house capability to maintain proper control over the assessments without any County involvement. We have, therefore, in 1992 removed all special assessments on City owned property from the County's system and are maintaining the records internally. Certain improvements such as Pilot Knob Road have started to cause financial problems because of the number and type of City facility benefiting from the project. The Municipal Center and the Fire Administration Building, for example, have large assessments related to the Pilot Knob improvements and are both General Fund obligations. Because of the difficulty in maintaining a basic'level of service in the General Fund a special debt service levy of$100,000 was certified for the first time in 1991 for collection in 1992. This new debt service levy is for the purpose of paying special assessments on City owned property. Prior to any payments being made in 1992, the total General Fund obligation for special assessments on levied projects is $138,668.18. The 1992 installment including principal and interest is $28,465.11. The Public Utilities Enterprise Fund has also seen dramatic increases in assessment liabilities. The current obligation is $123,837.57,with the 1992 installment being$25,467.43. The financial impact on operations is not as large a problem as it is in the General Fund, however, because of the greater flexibility in setting user rates. � 2 SPECIAL ASSESSMENTS/CITY PROPERTY OCTOBER 20, 1992 PAGE 2 The greatest impact,however,has been on the Park Site Acquisition and Development Fund because of the increasing number of parks benefiting from the improvements. The current obligation is $584,369.50 with a 1992 installment of $125,016.47. The following table illustrates the relationship of Park Dedication Fees and special assessment payments for the past five years: Year Park Dedication Fees Special Assessments 1991 $189,035 $131,276.48 1990 109,667 75,350.64 1989 531,758 90,267.32 1988 414,591 29,267.84 1987 650,937 39,833.10 With the expected continuing decline in park dedication fees and continuing increase in special assessment obligations, there will be little, if any, money available from park dedication fees for actual park development. This fact combined with expected difficulty in passing a park improvement referendum and competing demands for Community Investment Fund dollars signals a difficult time ahead in financing the park development that the community is expecting. This will be a significant problem in newer areas where obvious park dedication fees have been paid. Given this scenario, I am proposing the following for consideration and, if agreeable, approval by the City Council. 1. The Public Enterprise Fund continue to be responsible for assessments on its benefiting property. All outstanding assessments be prepaid to bring the balance to zero and any new assessments levied in the future be prepaid when levied. This fund has adequate cash reserves to make these payments and there is no benefit to paying on the installment basis with the corresponding interest charges. 2. Continue to certify the debt service levy with an increase each year, payable 1992, $100,000, payable 1993, $110,000,etc. Perhaps a fixed percentage increase should be established. 3. Utilization of the debt service levy would be to: First, prepay all newly levied assessments on general government and park property. Second, use the balance of the annual debt service levy to pay the principal on general government and park property assessments which have been previously levied.This recommendation to pay the currently levied assessments without interest has two implications which should be considered. First, it will allow for more rapid payment of existing assessments and better utilization of the annual debt service levy. Second, it will affect the cash flow SPECIAL ASSESSMENTS/CTTY PROPERTY OCTOBER 20, 1992 PAGE 3 within the special assessment funds. In my judgement, that effect will be small and will not cause problems. It would mean a smaller cash balance in the debt service fund after all of the bonds are retired. It is my opinion, and this is a public policy determination, that the community would be better served by having the Park Site Acquisition and Development Fund pay for park development that citizens can use . rather than to use its resources on special assessment payments. These payments will help to generate balances that the parks may or may not be able to use when the bonds are completely paid. I believe the City could generate more current park development without significantly affecting future operations under my proposed system. Upon your review, I would appreciate City Council action so we can proceed with implementation as appropriate. Please let me know if you would like to discuss this or if you would like any additional information, Finance ector/City Clerk cc: Director of Parks and Recreation Vraa EJV/jeh t Agenda Information Memo • March 2, 1993 City Council Meeting TREE CONTRACTOR LICENSE/THE TREE STUMP C. License,Tree Contractor,The Tree-Stump Co.,13677 Dan Patch Drive,Savage MN—The City has received an application for tree maintenance contractor license from Robert C. Hutcheson for The Tree-Stump Co. of Savage, Minnesota. A copy of the application is enclosed without page number for the Council's information. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a tree contractor license for The Tree-Stump Co. of Savage, Minnesota. Agenda Information Memo March 2, 1993 City Council Meeting MESSAGE THERAPIST LICENSE/BARBARA WARD D. License, Massage Therapist, Barbara Ward,Wastle Chiropractic & Wellness Center, 1340 Duckwood Drive--The City has received an application for a message therapist license from Barbara Ward to practice at the Wastle Chiropractic & Wellness Center at 1340 Duckwood Drive in Eagan. A copy of the application is enclosed without page number for the Council's information. Currently, the Police Department is still reviewing this application. If the review is completed before the meeting on March 2, 1993, a recommendation will be forwarded to the Council from the Police Department either in the Additional Information packet or at the Council meeting itself. If the investigation is not complete, a recommendation will be given to continue this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a massage therapist license for Barbara Ward to practice at Wastle Chiropractic & Wellness Center at 1340 Duckwood Drive in Eagan. Agenda Information Memo March 2, 1993 City Council Meeting ARC RECOMMENDATION ALTERNATIVE DEPARTURE PROFILES E. Recommendation, Airport Relations Committee, Request MAC Study of Alternative Departure Profiles--At its meeting of February 10, 1993, the Eagan Airport Relations Committee considered information relative to a study conducted by the Federal Aviation Administration regarding three standard departure profiles which may be implemented at airports around the United States. The purpose for this FAA study is to standardize the requirements for departure procedures at all airports in the country. One of the procedures studied is roughly comparable to that utilized at MSP today. Under that procedure, aircraft climb to approximately 1,000 feet before reducing thrust and climbing slowly to 3,000 feet to reduce noise impacts in neighborhoods close to the airport. Upon its review of this information, the Committee recommended that the City of Eagan request that the MAC do a noise contour analysis of the three departure profiles studied by the FAA to determine which of the three best utilizes the Eagan/Mendota Heights corridor and minimizes impact on corridor neighbors. The Committee recommended that the City invite the Cities of Inver Grove Heights and Mendota Heights to endorse the quest - for this study as well. For additional information with respect to is item, please refer to the excerpts from the FAA report which are enclosed on pages through -for your review. Also enclosed on page is a draft copy of the Airport Relations Committee minutes relative to this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the recommendation by the Airport Relations Committee to ask that the Metropolitan Airports Commission perform a noise modeling analysis of alternative departure procedures for use in the Eagan/Mendota Heights corridor area as presented. • 1.0 INTRODUCTION The Federal Aviation Administration (FAA) is developing a proposed advisory circular to standardize the noise abatement departure procedures for subsonic turbojet-powered airplanes with maximum certificated takeoff weights exceeding 75.000 pounds. This effort is a part of the larger FAA program to minimize noise impacts on airport neighbors, involving noise performance standards for individual aircraft. noise abatement air traffic procedures, and - airport noise compatibility planning. The proposed-departure procedures would provide guidance to airplane operators in selecting the most effective procedures for specific airport environments, while standardizing those choices within a practical number of options. Currently. Advisory Circular 91-53. dated 17 October 1978„ recommends the use of one standardized noise abatement procedure for departures over airport communities which are considered to be noise sensitive. In reality, the recommended departure'procedure represents a limit regarding the minimum altitude at which airplane configuration changes and the maximum engine thrust reduction which should be made. It thus defines an operating envelope within which pilots should manage thrust and control surfaces for safety and noise abate- ment purposes. The proposed Advisory Circular 91-53A will replace the older Advisory Cir- cular 91-53 and will contain two standard departure procedures - one intended to benefit "close-in" noise-sensitive communities and one to benefit "distant" noise-sensitive communities. Both procedures are considered to maintain the highest degree o, air safety., and will further enhance safety through standardi- zation of operating procedures and standardized flight crew training. This report documents the results of computational analyses of the proposed departure procedures. relative to the baseline procedure defined in Advisory Circular 91-53. in terms of the noise impacts around representative air carrier airports. The Integrated Noise Model. Version 3.9. has been used to generate contours of Day-Night Average Sound Level (DNL) around seven airports. The areas and the numbers of residents located within these contours provide a direct measure of the relative effectiveness of each procedure in reducing noise impacts. Similar comparisons were also generated. assuming the required retirement by the year 2004 of all older, noisier Stage 2 airplanes. For these latter comparisons, it was assumed that all airplanes operated at each airport were Stage 3 models. • It must be emphasized that the departure profiles described in Advisory Circular 91-53 and in the proposed Advisory Circular 91-53A actually represent operating limits or envelopes within which thrust and control surface. manage- _ ment should be confined. As such, the described procedures represent the "best" noise abatement which should be achieved with these advisory procedures. Actual procedures adopted and flown by different air carriers will probably differ from these limiting descriptions. Nevertheless, noise analyses of the described pro- cedures will provide a direct comparison'among the "best" noise performances which should be achieved by the procedures. The noise performances in actual day-to-day operation will probably be less beneficial than those represented by the "best" procedures analyzed here. 2 `� 5.0 DISCUSSION OF RESULTS 5.1 Individual Airplane Analysis • As described in Section 3. departure profiles were developed for 13 models of air carrier turbojet airplanes (although only 12 were actually used for this analysis). The profiles are plotted in Figures 1 through 12 for each airplane model. The relative characteristics of each alternative procedure may be observed from these profiles. The baseline profiles. in accordance with Advisory Circular 91-53, involve a rapid "clean up" of each airplane's lift and control surfaces, and acceleration beginning at 1.000 feet above field elevation, prior to any thrust reduction. At 3.000 feet AFE. the airplane is accelerated to normal climb speed. and climb thrust is reapplied. For those airplanes with high-bypass-ratio engines, the thrust changes are relatively small, and the departure profiles are relatively continuous. The two "close-in" profiles involve a substantial thrust reduction upon reaching 800 feet AFE. and continued climb with takeoff flaps still deployed to 3.000 feet AFE. At that point, flaps are retracted and normal climb thrust is applied. The airplane climbs more slowly than with the baseline procedure. and takes longer to reach 3.000 feet AFE. The two "distant" profiles involve accel- eration and "clean up" prior to thrust reduction. This procedure requires the airplane to decrease its rate of climb in order to accelerate, and thus requires even longer to reach 3,000 feet AFE. The effect of the procedures with the Automatic Thrust Recovery System is also apparent from the plotted profiles. The use of the ATRS enables a deeper thrust reduction_.nd a slov'er rate of climb to 3,000 feet AFE. The deep thrust reductions and slower rates of climb are particularly noticeable for the four-engine airplanes. because of their higher minimum climb gradients with one engine inoperative (1.7 percent, as compared with 1.2 percent for two-engine airplanes). required in FAR Section 25.111(c)(3). The differences between the higher required climb gradient without the ATRS and level flight with the ATRS for four-engine airplanes permit greater relative thrust reductions between the two procedures. The relative effects of the five departure procedures in terms of noise are illustrated in Figures 13 through 24. In these figures. the changes in Sound Expo- sure Levels of each airplane model are plotted as a function of the distance from the start of takeoff roll under the takeoff path. As described earlier, the values are shown starting at a distance of 12.000 feet, which corresponds to a distance of 2.000 feet from the departure end of a typical 10,000-foot runway. The Sound Exposure Levels are shown relative to the level for the baseline procedure at 12.000 feet for each airplane. As expected, the Sound Exposure Levels for the baseline procedure decrease fairly continuously with distance from the runway, since no large changes in thrust are involved. The two "close-in" procedures provide earlier reductions in Sound Exposure Level, consistent with their intended purpose of providing relief to nearby communities. These earlier advantages are gradually lost, how- ever, due to their slower rates of climb, and their sound levels exceed those for the baseline procedure after reaching an altitude of 3.000 feet AFE. The two "distant" procedures begin to provide noise reductions somewhat farther from the runway. and achieve greater reductions than the baseline or "close-in" procedures. However, once the airplanes attain an altitude of 3.000 feet ATE, the reapplica- tions of normal climb power generate higher noise levels than the other procedures. These differences are especially apparent for those older, Stage 2 airplanes with low-bypass-ratio engines, such as the Boeing 727-200 and the Douglas DC-9-30. For the newer. Stage 3 airplanes with high-bypass-ratio engines, such as the Boeing 737-300, 757-200, and 767-200, the baseline procedure provides the best noise performance. 5.2 Airport Analysis The relative benefits and drawbacks of the alternative departure procedures for each model of airplane are blended when mixes of those models operate at airports. , The relative locations and amounts of noise reduction achieved by the various airplane models are superimposed. and they tend to become indistinct. By c \ • 6.0 SUMMARY Computational analyses were conducted of the relative merits of two proposed noise abatement departure procedures for use at U.S. airports. Takeoff performance profiles were developed for 13 models of modern, large. civil • turbojet airplanes for both alternative procedures. with and without operational Automatic Thrust Recovery Systems. and for the currently recommended noise abatement procedure. as described in Advisory Circular 91-53. The relative noise performances of each model airplane were then calculated. using the Integrated Noise Model. Version 3.9. To provide a more realistic comparison of the noise benefits of these procedures. seven U.S. airports were selected for analysis. and contours of Day- Night Average Sound Level were calculated for each airport. assuming each of the five departure procedures was used exclusively. The relative areas within the DNL contours and the populations residing within the contours were then calculated for comparison. The comparisons are presented in Tables 2 through 6. In general. the results of these analyses are mutually consistent and intuitively logical. These results are presented as a basis for discussion and possible adoption of one or more noise abatement departure procedures. The results of the scenarios including only Stage 3 airplanes are especially pertinent. in anticipation of the mandated phaseout of the older. Stage 2 airplanes over the coming decade. Page 2/EAGAN AIRPORT RELATIONS COMMITTEE February 10, 1993 a desire to further review this item prior to any specific decisions to support or oppose any of the sites and, upon motion by Mirick, seconded by Vanderpoel,all members voting in favor,the item was continued until the March 9, 1993 meeting. NOISE DEPARTURE PROFILE STUDY Hohenstein introduced the Item and explained that the FAA had engaged in a study of three standard noise abatement profiles to be Instituted throughout the United States. He stated that they consisted of a standard departure profile with no thrust cutback, a noise abatement profile for areas with neighborhoods close into the airport and a noise abatement profile for areas with neighborhoods farther away from the runways. He asked the Committee to consider whether a study of the various profiles would be beneficial in a corridor area to determine If the best possible departure procedure is being used at that location. Monson asked if such a study would relate to the new ANOMS system. Hohenstein stated that it would not be necessary as the proposed procedures could be modeled using the integrated noise model instead. Monson Indicated that she had been led to believe that the ANOMS system could do highly sophisticated noise analysis and felt that it should be integrated into the test. She further expressed uncertainty as to whether the airlines would agree to implement any recommendations that were made. Hohenstein stated that there was no certainty that the airlines would comply but that it would be useful information to know whether a better procedure could be implemented. Cooper asked how the noise contours are developed. Hohenstein reviewed the Integrated noise model software and its combination of aircraft types, altitudes and flight tracks to simulate a noise environment on the ground and draw a contour at various gradients In that simulated environment. Cooper stated that the City should request such an analysis. Todd stated that she agreed with Cooper and that the City might find a better means of departure to minimize impacts outside of the corridor. Monson asked when the ANOMS system would be operational. Mirick stated that MAC Executive Director Jeff Hamiel had given the consultant two weeks to get the system operational or forfeit their performance guarantee. He stated the consultant is currently Installing the software fixes and that MAC staff has expressed confidence that this will resolve the problems to date. Monson asked if ANOMS could do the testing being discussed. Hohenstein stated that the integrated noise model can do a year's worth of analysis in one computer run and,therefore, it would be quicker and cheaper to do it through a model than through ANOMS, but that ANOMS could be utilized to test the effectiveness of the various procedures. Monson stated that the ANOMS system had been so highly touted that she wished it could provide more tangible results. - Upon motion by Mirick, seconded by Langin, all members voting In favor, the Committee recommended that the City Council ask that the Metropolitan Airports Commission perform a noise modeling analysis of the three departure procedures outlined In the FAA advisory circular for consideration for use in the corridor area. Following further discussion,upon motion by Mirick,seconded by Todd,all members voting in favor, the Committee recommended staff inform Mendota Heights and Inver Grove Heights of Eagan's request for modeling of the departure profiles and ask if they wish to support such a study. ANOMS UPDATE The Committee requested an ANOMS update at the next meeting. Agenda Information Memo March 2, 1993 City Council Meeting EXTENSION/OAK CLIFF SEVENTH ADDITION FINAL PLAT F. Extension, Final Plat Recording, Oak Cliff Seventh Addition--A request has been received of Cedar Cliff Management for an extension of the Oak Cliff Seventh Addition - final plat for recording purposes. This plat was originally approved on December.15, 1992 and required recording on or before February 15. A letter enclosed on page2 outlines the reasons for the request. Please note that the applicant is requesting an extension to April 1, 1993. ACTION TO BE CONSIDERED ON THIS ITEM: To approve an extension of the Oak Cliff Seventh Addition to April 1, 1993 as presented. CEDAR CLIFF MANAGEMENT CEDAR CLIFF OFFICE CENTRE. 2121 Cliff Drive,Suite 101 Eagan,Minnesota 55122 (612)452-4448 Fax(612)452-4322 February 22, 1993 Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 RE: Oak Cliff Seventh Addition Gentlemen: The referenced plat was approved by the City Council, City of Eagan on December 15, 1992. The Resolution of Approval required the plat to be recorded "on or before February 15, 1993". Difficulties and delays beyond our control relating to the necessary financing required to close the pending sale of the property necessitates our request for extension of time to record this plat to "on or before April 1, 1993". Your attention to this request is appreciated. Very Truly Yours, ames Olson Atto ey for Vernon R. Colon cc: B.Mangine _ , ♦ • L ���/� �-J Agenda Information Memo March 2, 1993 City Council Meeting EAGAN ELEMENTARY SCHOOL #17 FINAL PLAT EXTENSION G. Extension,Final Plat Recording,Eagan Elementary School #17—The City has received a request from Independent School District 196 for an extension of the final plat for agan Elementary School #17 for recording purposes. Enclosed on pages - through is a copy of correspondence outlining reasons for this request. As noted in the correspondence, the School District has submitted the application for recording but such action has been refused until an easement is resolved with the Williams Pipeline Company. As a consequence, the applicant is requesting a 60 day extension of the final plat for filing. Such extension would run through May 1, 1993. ACTION TO BE CONSIDERED ON THIS ITEM: To approve an extension of the final plat for Independent School District 196/Eagan Elementary School #17 for a period of 60 days as presented. SEVERSON,WILCOX& SHELDON, P.A. A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW LARRY S.SEVERSON` HALL JAMES F.SHELDON •••SCOTT D.JOH NSTON KENNETH R.HALL J. PATRICK WILCOX` 600 MIDWAY NATIONAL BANK BUILDING MICHAEL G. DOUGHERTY 7300 WEST 147TH STREET WREN M.SOLFEST MICHAEL E. MOLENDA•• APPLE VALLEY, MINNESOTA 55124 ANNETTE M. MARGARIT (612) 432-3136 EDWIN R. HOLMES DANIEL M. SHERIDAN TELEFAX NUMBER 432-3780 SHARON K,HILLS KEVIN S.SPRENG • Also Licensed In Iowa •• Also Licensed In Wisconsin ••• Also Licensed In Nebraska OF COUNSEL: •••• Also Licensed In California JOHN E.VUKELICH Certified Real Property Law Specialist,MSBA February 18, 1993 John Hohenstein, Acting Community Development Director City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55121 Re: Independent School District No. 196/Eagan Elementary No. 17 Our File No. 1024-7996 Dear John: As you are aware, our office represents Independent School District No. 196, with respect to local matters. This includes working with the City of Eagan and other communities in the development of new schools. At the request of Cal Zwiefel, the Director of Elementary Education, we have been asked to respond to your letter regarding the filing of the plat for Eagan Elementary No. 17 (Glacier Elementary) . As you are aware, the City Council approved the final plat of Eagan Elementary No. 17 on May 20, 1992 . Thereafter and prior to the end of May, 1992 , the final plat was delivered to the Dakota County Surveyor's office for signature and filing. At the end of June of 1992 , the County Surveyor's Office returned the plat to Pioneer Engineering (the surveying company used by the School District) for corrections and labeling of• a pipeline. The County has refused to file the plat without a document executed by Williams Pipe Line Company establishing the confinement of their easement to the area shown and noted on the plat. Presently, the Williams Pipe Line easement is unconfined and covers all of the • property owned by the McCarthys. In December of 1991, the documentation prepared by our office to release and restrict Williams easement was delivered to the representatives of Williams. To date Williams has not returned the document. • c Since July of 1992, our offices, as well as the office of Pioneer Engineering have attempted to obtain the requisite documents from Williams Pipe Line Company to no avail. For such reason, the plat of Eagan Elementary No. 17 has not been able to be recorded. Two weeks ago the individual at Williams Pipe Line Company, whom our office has been attempting to deal with, attended a meeting in Eagan City Hall with the Finance Department and Jim Sheldon. At that meeting, Jim Sheldon was able to bring to Williams Pipe Line's attention the need for the document releasing the lands from their easement. Since that time, that individual has spoken with Pioneer Engineering and has promised delivery of the required document to Pioneer's office in a matter of days. Though our optimism is guarded, we fully expect that Williams will comply with the request so that the plat may be appropriately filed. While I am aware that the plat was required to be filed within 60 days of final plat approval, please take this letter as a formal request by the School District to obtain an appropriate extension for the filing of the plat of Eagan Elementary No. 17 . It has and continues to be the intent of the School District to fully comply with the City's request to record the plat, and our office will continue to monitor the same and undertakes the responsibility for the recording. If you have any questions, please do not hesitate to be in contact with me. Cordially, SEVERSON, WILCOX & SHELDON, P.A. Michael G. Dougherty / MGD/wkt cc: Cal Zwiefea Agenda Information Memo March 2, 1993, City Council Meeting APPROVE PLANS/AUTHORIZE AD FOR BIDS (CEDAR GROVE - STREET RECONSTRUCTION) H. Contract 93-02, Approve Plans/Authorize Ad For Bids (Cedar Grove - Street Reconstruction)--On December 8,the City Council closed the public hearing and authorized the preparation of plans and specifications for the reconstruction of streets within the Cedar Grove 3rd, 4th, 5th, 6th & 9th Additions. These plans have now been completed and are being presented to the City Council for their consideration of authorizing the advertisement of competitive bids. In response to Council's directive, all street widths are being designed to match the existing. Also, in response to a survey of affected property owners for the frontage road adjacent to Nicols Road north of Shale, the majority of the property owners wanted to retain the frontage road rather than have it eliminated with their personal driveways being extended out to Nicols Road. With the resolution of these two issues, all design concerns expressed at the public hearing have been taken into consideration with these plan and specification preparations. With authorization to proceed with competitive bidding, it is anticipated that the bids will be received on Friday, March 26, 1993, at 10:30 a.m. After that date, a revised pending assessment roll will be prepared based on actual bids and the maximum assessment benefit as determined by City appraisers. This information will then be forwarded to all property owners informing them that the consideration of contract award will be scheduled for April 20. If the contract is awarded at that time, it is anticipated that construction will begin around the first of May. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans and specifications for Contract 93-02 (Cedar Grove - Street Reconstruction) and authorize the advertisement for a bid opening to be held at 10:30 a.m., Friday, March 26, 1993. APPROVE AMENDMENT TO CITY/COUNTY AGREEMENT (DIFFLEY ROAD - RECONSTRUCTION) I. Project 607, Approve Amendment To City/County Agreement (Diffley Road - Reconstruction)--The Dakota County Attorney's Office has prepared an Amendment to the previously approved cooperative agreement between the City of Eagan and Dakota County for the reconstruction of County Road 30 (Diffley Road) under City Project 607. This Amendment addresses two items described as follows: 0-°\ Right-of-Way: This authorizes the County to acquire all drainage,ponding and utility . easements connected with this project but beyond the scope of the County's highway responsibilities on behalf of the City of Eagan. Although being acquired by the County, this agreement stipulates that they will be transferred to the City of Eagan upon completion of the project. This provides for better efficiency in the use of legal and appraisal services where differing City and County easements are required from the same property owner allowing it to be completed in a single process. Pedestrian Underpass Maintenance: This delineates the maintenance responsibilities for the structure being assumed by the County, with the internal trailway being the responsibility of the City. This agreement has been reviewed by the Public Works Department and City Attorney's Office and found to be in order for favorable Council action. The bid opening is scheduled for March 4, with County contract award consideration scheduled for March 9. Subsequently, this agreement must be executed prior to contract award. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the amendment to the City/County agreement (Diffley Road - Reconstruction) under City Project 607 and authorize the Mayor and City Clerk to execute all related documents. APPROVE AGREEMENT (DIFFLEY.ROAD - PEDESTRIAN UNDERPASS J. Project 607, Approve Agreement (Diffley Road - Pedestrian Underpass)--As authorized by the City Council when the Diffley Road reconstruction project was approved, the plans provide for a basic pedestrian underpass ("culvert") connecting the north and south trailway system near Mr. Anthony Caponi's driveway. At Mr. Caponi's request, the Council agreed to bid an alternate larger pedestrian underpass subject to his agreement to pay any cost differential. Th City Attorney's Office has prepared the agreement enclosed on pages `3 through 35 and forwarded it to Mr. Caponi for his execution. As noted, it is required that this agreement be executed by March 1 so that it can be approved and counter-executed by Council action on March 2 which is prior to the scheduled bid letting on March 4. Dakota County has requested the City of Eagan to make a commitment by 8:30 a.m., Monday, March 8, to either proceed with or delete consideration of awarding this alternate. Subsequently, the agreement must be executed along with all appropriate easement documents and a certified check delivered to the City of Eagan by 8:15 a.m., Monday, March 8. If all items are in order, the City Council should authorize a specific staff person to request the County to proceed with the award of the contract including the alternate pedestrian underpass as requested by Mr. Caponi. If for some reason, all items are not in order at that time, the City should inform the County to proceed with the base contract without the alternate. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the agreement with Mr. Anthony Caponi under Project 607 (Diffley Road Reconstruction - Pedestrian Underpass) and authorize the Mayor and City Clerk to execute all related documents and designate an official City representative to determine adequate compliance with conditions of the contract in informing Dakota County whether to include the alternate bid for contract award. 3 � JOINT AND COOPERATIVE AGREEMENT FOR ACCESS TO THE CAPONI ART PARK 1. Parties. This Agreement is made this day of 1993, by and between the City of Eagan, a Minnesota municipal corporation, hereinafter called the "City", and Anthony Caponi and Cheryl Caponi, husband and wife, hereinafter called the "Owners" . The City maintains offices at 3830 Pilot Knob Road, Eagan, MN 55121, and the Owners reside at 1215 County Road 30, Eagan, MN 55123 . 2. The Property. The Owners are the fee owners of approximately sixty acres of real estate which lies in the vicinity of 1215 Diffley Road, Eagan, Minnesota, and which is legally described on Exhibit A which is attached hereto and made a part hereof by reference (the "Property") . The Owners have partially developed a portion of the Property lying north of Diffley Road with a homestead and sculpture gardens, while the portion of the Property lying south of Diffley Road remains undeveloped except for fences, fieldroads and street access points off Diffley Road. 3 . Context of Agreement. Commencing in 1986, the Owners and the City engaged in discussions and negotiations concerning the proposal of the Owners to developthe entire Property as The Caponi Art Park, a profile of the proposed development being depicted on Exhibit B, which is attached hereto and made a part hereof by reference. These discussions culminated in a Resolution adopted by the City on November 8, 1990, entitled "Resolution To Create A Public Outdoor Sculpture Park In The City Of Eagan, " the operative paragraphs of said Resolution providing as follows: "NOW THEREFORE, be it resolved by the Eagan City Council, this 8th day of November, 1990, that the City of Egan shall join in a formal working partnership with Mr. Caponi for the sole purpose of creating a public sculpture garden and studio, benefitting the citizens of today and the generations yet to come, and BE IT FURTHER RESOLVED that the City of Eagan shall take a leadership role in the establishment of a public non-profit foundation to oversee the acquisition, development, and administration of the sculpture park in pursuit of the vision of Mr. Anthony Caponi." On the 16th day of December, 1992, in furtherance of the Caponi Art Park, the Owners created a non-profit corporation under Minnesota Statutes Chapter 317A, in furtherance of the establishment, construction and operation of the Caponi Art Park. The City and the Owners have continued to communicate and cooperate in furtherance of the planning and design of a joint and cooperative effort to realize the goals set forth in the "Resolution To Create A Public Outdoor Sculpture park In The City Of Eagan. " 4 . Proposed Construction. The City, and the County of Dakota, have prepared plans and specifications for a street and utility improvement on Diffley Road (Dakota County CSAH no. 30) , the City's project being described as City Project No. 607, which improvements are contiguous to and bisect the Property. A part of City Project No. 607 provides for pedestrian access connecting the northerly portion of the Property with the southerly portion of the Property by means of a tunnel under Diffley Road (the "Pedestrian Access") . The purpose of the Pedestrian Access is to provide the public with a walking, hiking and biking trail connecting the north, with the south side of Diffley Road as well as providing pedestrian and wheelchair access to the north and south sides of Diffley Road for the utilization of the Caponi Art Park. The original design of the tunnel under Diffley Road as part of City Project No. 607, is hereinafter called the "Base Pedestrian Access", the plans of which are attached hereto and made a part hereof by reference as Exhibit C. On October 9, 1992, representatives of the City met with the Owners and agreed upon the design of an alternate tunnel, namely a conspan design which is 10 feet high and 16 feet wide with vertical sidewalls, hereinafter called the "Alternate Pedestrian Access", the plans of which are attached hereto and made a part hereof by reference as Exhibit D. The Alternate Pedestrian Access design is to include a fence to segregate the traffic flow within the Pedestrian Access, which fence is contemplated to be installed as part of the construction of the Alternate Pedestrian Access. NOW THEREFORE, in order to insure the design, construction, and completion of the Pedestrian Access, the parties agree as follows: 1. The parties agree that the Alternate Pedestrian Access as described on Exhibit D, and prepared by Orr, Schelen, Mayeron & Associates, Inc. , is an appropriate and suitable design which will meet the needs of both the City and the Caponi Art Park. 2 . The City agrees to provide for the inclusion as alternate bid items, the Base Pedestrian Access and the Alternate Pedestrian Access, within the construction documents prepared for bidders by the County of Dakota, for City Project No. 607. ' 3 . The City agrees subject to the terms hereof to provide that the County of Dakota include the design and construction of the Alternate Pedestrian Access as a part of City Project No. 607 . 4. The Owners shall be responsible for and shall pay to the City all costs described herein which are associated with the construction of the Alternate Pedestrian Access. The cost for the construction of the Alternate Pedestrian Access shall be computed to include the following: i. ) The difference in bid prices between the Base Pedestrian Access and the Alternate Pedestrian Access as shown and noted on the bid submittal made by the contractor engaged ed b the County of Dakota for the 9 g by construction of City Project No. 607. ii. ) All costs for the design of the Alternate Pedestrian Access, which would not have been incurred if the base pedestrian access had been constructed. iii. ) The amount of any change order to City Project No. 607, which is either directly or indirectly related to the Alternate Pedestrian Access, and which would not have been incurred if the base pedestrian access had been constructed. iv. ) All administrative, engineering or other cost incurred by the City as a result of the construction of the Alternate Pedestrian Access in lieu of the Base Pedestrian Access. 5:w Aw► C.ST. , ,rICN04-Y h► Aacm g, 14F3 5. Prior to = . , • . . , tt cuter o-,the^s dee- e^ Fpu • . - - - - . . _ - - -. . - -_Ase ear�r the Owner shall pay in cash to the City an amount to be determined as follows: a. ) 50% of the difference between the bid prices of the Alternate Pedestrian Access and the Base Pedestrian Access as determined by the bid submittal of the successful bidder; or b. ) If the amount determined by Paragraph 5 (a) hereof is in excess of $25, 000. 00, the Owner shall pay a sum equal to $25, 000. 00 plus one-half of the amount as determined under Paragraph 5 (a) hereof, minus $25, 000. 00. EXAMPLE: Alternate Bid: $130, 000. 00 Base Bid: $ 75, 000. 00 Cash Paid to City = $25, 000.00 + (130. 000 - 75. 000) - 25. 000 2 = $25,000.00 = 55,000 - 25, 000 2 = $25,000.00 = $15, 000. 00 = $40, 000. 00 6. All costs to be paid to the City by the Owner under this Agreement, which exceed the amount paid to the City pursuant to Paragraph 5 hereof, shall be assessed to the Owner as part of City Project No. 607. Any such assessment shall be amortized over a period of fifteen (15) years, at an interest rate determined by the Eagan City Council, for City Project No. 607. . . Contemporaneously with the execution of this Agrement, the Owner shall sign and deliver to the City a Waiver of Assessment, a form of which is attached hereto as Exhibit E. 7. The Owners acknowledge that in connection with the construction of the Alternate Pedestrian Access, additional drainage areas upon the Property will be required. The Owners agree that they shall grant easements for the installation of a culvert for drainage purposes and additional easements for drainage upon their Property. The extent of the easements shall be limited to what is reasonably necessary to accommodate the drainage as determined by the City. The easement as prepared by the City shall include a graphic illustration and shall be executed and delivered to the City prior to March 1, 1993 . 8 . The Owners do hereby agree to grant any additional construction easements required by the City or County of Dakota to provide for the construction of the Alternate Pedestrian Access. All such easements shall be prepared by the City Attorney, executed by the Owners and delivered to the City prior to March 1, 1993. 9 . Failure by the Owners to deliver to the City when due the following: a. The cash as set forth in Paragraph 5; b. Easements as set forth in Paragraphs 7 and 8; and c. the Waiver of Assessments as set forth in Paragraph 6, genic." 4. a;i -AM C.S.T t t �cf�akota�forJt�re WpbN4so »16rck - ,s c ' 't 47-r g f3 shall result in the deletion of the alternative bid for the construction of the Alternative Pedestrian Access, and will result in the construction of the Base Pedestrian Access. 10. Upon acceptance of City Project No. 607 by the City, the Owner shall transfer ownership of the Pedestrian Access to the City pursuant to a document prepared by the City Attorney. Thereafter, the Pedestrian Access shall belong to and be under the control and ownership of the City and the City hereby agrees to maintain the Pedestrian Access in a physical condition which will accommodate the intended use of both parties to this Agreement. CP 11. This Agreement may be amended only upon written agreement signed by both parties. 12 . This Agreement shall be governed by the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have hereunto set their hands as of the date below: Dated: Anthony Caponi Dated: Cheryl Caponi CITY OF EAGAN Dated: By: Thomas A. Egan Its: Mayor Dated: By: E. J. VanOverbeke Its: City Clerk STATE OF MINNESOTA ) ss. COUNTY OF ) On this day of , 1992, before me a Notary Public within and for said County, personally appeared ANTHONY CAPONI and CHERYL CAPONI, husband and wife, to me personally known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. Notary Public 3.1 STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) On this day of , 1992, before me a Notary Public within and for said County, personally appeared THOMAS A. EGAN and E. J. VanOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public APPROVED AS TO FORM: City Attorney's Office Dated: APPROVED AS TO CONTENT: Public Works Department Dated: THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, WILCOX & SHELDON, P.A. 600 Midway National Bank Building 7300 West 147th Street Apple Valley, Minnesota 55124 (612) 432-3136 MGD 3g Agenda Information Memo March 2, 1993 City Council Meeting RECEIVE BIDS/AWARD CONTRACT/REFUSE & RECYCLING K. Receive Bids/Award Contract, City Facilities Refuse & Recycling Collection--The City Clerk's office recently received quotes from haulers for the collection of refuse and recyclable material from City facilities. The low bid was submitted by Aagard Environmental Service for a two year contract. Bids and specifications are available in the City Clerk's office should anyone wish to review them. Aagard will be relocating to Eagan during the later part of March, moving into the Nitti site on Terminal Drive. ACTION TO BE CONSIDERED ON THIS ITEM: To approve two year contract with PP a Y Aagard Environmental Service to collect refuse and recyclable material from City facilities. 3(71 Agenda Information Memo March 2, 1993 City Council Meeting PLUMBERS LICENSES. L. licenses, Plumbers--The City Code requires that all plumbing contractors opera,ting within the City of Eagan be licensed on at least an annual basis. Enclosed on page is a list of those contractors whose applications are in order for approval at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers licenses as presented. 4.°..b, PLUMBER LICENSES FOR APPROVAL - YEAR 1993 1. ASSOCIATED MECHANICAL CONTRACTORS INC. 2. BERQUAL PLUMBING 3. BEST PLUMBING & HEATING 4. DAVE'S PROFESSIONAL PLUMBING 5. GILBERT MECHANICAL CONTRACTORS INC. 6. GOPHER MECHANICAL CONTRACTORS INC. 7. GROTH SEWER & WATER 8. JANECKY PLUMBING 9. MCGUIRE & SONS PLUMBING & HEATING INC. 10. P & D MECHANICAL CONTRACTING CO. 11. PLUMBING SERVICE CENTER 12. PRIOR LAKE PLUMBING 13. ROBERTS PLUMBING INC. 14. SOWADA & BARNA PLUMBING 15. WHELAN CO. INC. For March 1993 meeting • Agenda Information Memo March 2, 1993 City Council Meeting VACATE/ST. FRANCIS WOODS 4TH ADDN. A. Vacate Drainage and Utility Easement, Lots 5 & 6, Block 1 and Lots 4 & 5, Block 3,St.Francis Woods 4th Addition--On February 2,the City Council received a request from the developer of the St. Francis Woods 4th Addition requesting the vacation of common lot line drainage and utility easements as described above. In response to that request, the City Council scheduled a public hearin to be held on March 2nd to formally present and discuss this petition. Enclosed on page is a graphic showing the location of the common lot line easements proposed to be vacated. The owner/developer is requesting the vacation to allow a homebuilder to build on Lots 5 & 6, Block 1 and Lots 4 & 5, Block 3, by combining these two lots. All notices have been published in the legal newspaper and sent to all potentially interested utility companies informing them of this public hearing on March 2nd. As of this date, staff has not received any objections request. 'ections to this re q ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of the common lot line drainage and utility easements for Lots 5 & 6, Block 1 and Lots 4 & 5, Block 3, St. Francis Woods 4th Addition as described and authorize the Mayor and City Clerk to execute all related documents. Lk.- s- ea V if W $$ 4 M e 4� X41 41 O in b 11 - oo r E - 0L d Z 4 C d.7.0 41 4 Om CI �p F� W .C4 41 w (..4i 05) 41 d•+ R o 04141 m O V1p4W 05) .011 p �• 0. mn41 L 3+LOUW M�� 0 Ej ►.�i O O d•I oo ••I ID O 7 d Yi' a. ✓ 413 .7 4 q7 .4UO ►+ an 4c41 .r a• .•I E i m 4.4 4 0 m d 0 41•.4 14 a :A 014v d 10 .•I IC . C L.4 • .4 C O A g =`yea . C7d++ a U 0E+oIA a.I. 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U• Lc O I. s ._. \ _ W g - CO > •Z ! ° Q --- '� \1 O (f) Z { /- `` '• 1 N (•) ~ : • 1 \ _ i ' ' - • Z z z _ . _ ;� W y fit; • •_ \ W W 4 i -i t '^ r Q CO . <•4. o # V y '�?�' Z^ 4 C l.ri.vrr • • -•t _ _rs'asr-- -- 4c• cn ` e %lil I. ►- 4. -�, e '1. • e at• cr• •t ;�j'� I ��: M •3 ..a. 4141. -I.t/.-_,--- %� r4♦'•��' w�.♦ •A'�.r• •`4"' • •u4r ---jai-� Kr-- S• .•rr��r .1 sr• • io u.no r'''''"...--- -wT- 71• fie, < <:s o 'Zit . ' _ - 1`Z .1 -4:j4, . e I�.� ° • I a ., --- ----JL____,.___- --•fir,+-� _. 3AILIG aOOM)IDna - J • Agenda Information Memo March 2, 1993 City Council Meeting PROJ. 624. DODD RD & 494 (SIGNALIZATION & INTERSECTION CAPACITY IMPROV. B. Project 624, Dodd Road and 494 (Signalization and Intersection Capacity Improvements)--In response to concerns expressed by affected Eagan businesses, MnDOT contacted the City of Eagan to discuss proposed traffic capacity improvements for the eastbound 494 exit ramp onto southbound T.H. 149 (Dodd Road). MnDOT indicated that if any improvements were to be performed in the near future, the City of Eagan would have to initiate the project through the State's Cooperative Construction Agreement program. Subsequently,on December 17, 1991,the City Council authorized preparation of a feasibility report to investigate and identify needed improvements. Research was also performed into methods available to finance these improvements through combinations of State and Tax Increment Financing (TIF) funds. Subsequently, this report was completed and forwarded to the City Council at their meeting on February 2, 1993 for consideration of scheduling a public hearing on March 2nd to formally present and discuss the proposed improvements to any interested parties. Although there are no s e l assessments proposed for this _ project, notices of this meeting, enclosed on pages '-f pthrough , were sent to major businesses, land owners and other potentiall 'nterested g•� ental agencies, informing them of this hearing. Enclosed on pages through At is a copy of the report for Council's review and reference during this public hearing presentation. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project #624 (Dodd Road and 494-Signalization and Intersection Capacity Improvements) and if approved, authorize the preparation of detailed plans, specifications and cooperative construction agreements with MnDOT. Li city of as cin • THOMAS EGAN Mayor • PATRICIA AWADA - SHAWN HUNTER February 23, 1993 SANDRA A.MASIN -- THEODORE WACHTER Council Members THOMAS HEDGES I Re: Project 624, TH 149 (Dodd Road) & 1-494 City Admininstrotor Traffic Capacity, Intersection & Signalization Improvements EUGENE VAN OVERBEKE City Clerk On December 9, 1991, a meeting was held at Eagan City Hall with various interested businesses and agencies to discuss the traffic capacity concerns associated with the eastbound exit ramp for 1-494 and its left-turn movement to southbound Dodd Road (TH 149). Enclosed is a copy of the minutes of that meeting. As a result of that meeting,the City of Eagan and its consulting firm of Short-Elliott-Hendrickson,Inc.,(SEH), pursued the evaluation of these concerns and proposed improvements with MnDOT. While it was originally discussed that any proposed improvements would attempt to be completed by the Fall o1'92,the evaluation could not be completed within a time frame to meet that schedule. Subsequently,the enclosed Feasibility Report has been prepared and is being presented to the City Council on March 2. This report identifies the following improvements: • Southbound double left-turn lane intersection Improvements and signalization on TH 149 @ Lone Oak Parkway (1993 construction). • Southbound double left-turn lane intersection improvements and signalization on TH 149 @ Northwest Parkway (1993 construction). • Closure of left-turn movement from TH 149 to O'Neil Drive (1996 construction). • Eastbound 1-494 exit ramp expansion to provide double left-turn southbound TH 149 movement (1996 construction). It is proposed that this project be completed with financing through a combination of City and State highway funds with no special assessments against any existing property owners. If you have any questions regarding this project, please feel free to contact Mike Foertsch, Assistant City Engineer (681-4646), Len Newquistef SEH (490-2000) or myself. Sincerely, homes A. Colbert, P.E. -4-14S— Director of Public Works TAC/jj . • Enclosure: Minutes of 12-9-91 / Feasibility Report MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY 3830 PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT EAGAN,MINNESOTA 55122.1897 EAGAN,MINNESOTA 55122 PHONE (612)681.4600 PHONE:(612)681.4300 FAX:(612)681-4612 Equal Opportunity/Affirmative Action Employer FAX:(612)681-4360 TDD:(612)454-8535 TDD:(612)454-8535 q 3 . • 149 (DODD ROAD) 6 1-494, DECEMBER 9, 1991 CITY PROJECT 624 At 2:00 p.m. , on Monday, December 9, a meeting was held to discuss the traffic capacity concerns associated with the eastbound exit ramp for 1-494 and its left-turn movement to southbound Dodd Road (TH 149) . Those in attendance are referenced by the attached attendance list. After Tom Colbert (Eagan) opened the meeting with introductions and a brief history of previous traffic studies and concerns regarding overall traffic capacity at this interchange, Mr. Jim 'Imre (TMI Coatings) identified his specific concerns regarding limited capacity for left-turn movement from eastbound 494 to southbound Dodd Road. Bob Brown (MnDOT) discussed the potential for a local improvement project if the City would request such through the State's Cooperative Construction Agreement Program. MnDOT has a limit of approximately $200, 000 per project for construction and 8% of Neither right-of-way contract administration. Nei acquisition nor preliminary/final engineering design studies are financed by MnDOT and would be the City's responsibility. Further discussion identified the scope of the project as incorporating a double left-turn lane for the southbound Dodd Road movement. Solly Robins (RES Investors) expressed concern for spot traffic improvements without addressing the greater overall traffic congestion issues of the area. Gary Santoorjian (Dart Transit) wondered if the project's scope/study would be expanded to include the concerns regarding the north and south intersections of TH 149 and TH 55. Jim Imre (TMI Coatings) responded that he would like to keep to the immediate issues relating to the ramp interchange which would provide the most immediate and direct benefit in the shortest time frame. Steve Bryant (West Publishing Company) would also like to see the project's scope/study area expanded to incorporate the south intersection of TH 149 and 55. He indicated he did not feel the immediate project being proposed would provide any direct benefit or relief for their situation. Bob Brown (MnDOT) would consider additional studies of other trunk highway intersections in the area but expressed a desire to know to what extent the private sector and/or City of Eagan is implementing any Travel Demand Management Objectives. He emphasized the need to increase vehicle occupancy in the area to minimize the traffic congestion. He also indicated that MnDOT would perform an overview to determine if additional analysis of other intersections in the study area would be appropriate. 4:Ce r • Page 2 Tom Lawell (Mendota Heights) expressed concern for the impact on traffic capacity for Dodd Road itself if a double left-turn lane is provided allowing greater volumes of traffic onto Dodd Road thereby impacting through traffic movement. Torn Colbert (Eagan) indicated that part of the study should ensure • that this particular proposed project improvement does not move the problem to another intersection. In response to a question from Jim Imre (TMI Coatings) , Bob Brown (MnDOT) indicated that there is a possibility of having construction performed and completed by the fall of 1992 subject to the results of the studies required. Finished detailed plans and specifications would have to be processed by MnDOT by April. He also indicated that the Federal Highway Administration would also have to provide review and input. In response to a general question, the following companies • estimated what their employee population would be by 1992:. Northwest Airlines approximately 2,000, West Publishing approximately 4,000, and Cray Research approximately 950: Tom Colbert (Eagan) indicated that the results of this meeting would be presented to the City Council on December 17 with a request for authorization to request MnDOT to proceed with a Cost Participation Agreement. He also requested those businesses who have an interest and a desire in promoting this project to submit letters of support to the City. The meeting adjourned at approximately 3:30 p.m. Copies of these minutes will be distributed to all individuals on the attendance list. • 4rl J TB 149 i 1-494 ' 'TRAFFIC CAPACITY 1 ,STING, DECEMBER 9. 1991, MAME ORGANISATION )HONE # Tom Colbert City of Eagan 681-4646 Harry Gallaher Opperman, Heins & Paquin 339-6900 . Steve Bryant West Publishing 687-6776 Bob Brown MnDOT Metro District 778-1204 Ruth Ann Sobnosky MnDOT Metro District 779-1211 David Zech Dakota County Highway Dept. 891-7100 Gary Santoorjian Dart Transit 688-2000 Jon Hohenstein City of Eagan 681-4600 Jim Danielson City of Mendota Heights 452-1850 Tom Lawell City of Mendota Heights 452-1850 Jim Imre TMI Coatings/Imre Dev. 452-6100 - Jim Sturm City of Eagan 681-4695 Barry Effress Landowner S. 494 Inv. Co. 944-9034 R.E.S Inv. Co. Solly Robins R.E.S. Investors 224-8000 Jim Thorne Northwest Airlines 726-2300 Bob Fett Cray Research 683-5420 (4 STEVE BRYANT DAVE ZECH GARY SANTOORJIAN WEST PUBLISHING DAKOTA COUNTY HWY DEPT DART TRANSIT 3773 HWY 149 14955 GALAXIE AVE W 800 LONE OAK RD EAGAN MN 55123 3RD FLOOR EAGAN MN 55121 APPLE VALLEY MN 55124 JIM DANIELSON JIM IMRE, PRESIDENT SOLLY ROBINS CITY OF MENDOTA HEIGHTS TMI COATINGS INC RES INVESTORS INC 1101 VICTORIA CURVE 2805 DODD ROAD 1500 ST PETER ST MENDOTA HEIGHTS MN EAGAN MN 55123 ST PAUL MN 55102 55118 DAVE GERDEL ERIC LINDAHL DAKOTA INC NORTHWEST AIRLINES CRAY RESEARCH INC 680 O'NEIL DR DEPT A5140 655 LONE OAK DR EAGAN MN 55121 5101 NW DR EAGAN MN 55121 ST PAUL MN 551113034 FRANCES O'NEILL THOMAS, MARY, WILLIAM JOSEPH & LYNDA 820 O'NEILL DR & FRANCES O'NEILL RETTERATH EAGAN MN 55121 830 O'NEILL DR 810 O'NEILL DR EAGAN MN 55121 EAGAN MN 55121 DALE BECKMAN JAMES BLACKBURN V.P. BRW WACHOVIA REAL ESTATE THRESHER SQ INVESTMENT MGMT 700 3RD ST S 301 N MAIN ST MPLS MN 55415 WINSTON SALEM NC 27150 Report for City of Eagan Minnesota Dodd Road (T.H. 149) from I-494 to Trunk Highway 55 .. City Project No. 624 SEH File No. 92287 February 2, 1993 II , ,_ IRr------ c-b 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 Minnesota. AllOP /, • Date: February 2 1 '3 Reg. N.! 9402 _ Reviewed by: 4. - -«% =11 %:%•� _ Pu•lic Works Depa ent D=to Reviewed by: 03"t0A,LIAL-- 9 " - F nce Department Date February 2, 1993 RE: Eagan,Minnesota Dodd Road (T.H. 149) City Project No.624 SEH File No.92287 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan,Minnesota 55121 Attn: Thomas Colbert, Director of Public Works Attached is our report for the Dodd Road/I-494 Intersection. The report presents the roadway widening, turn lane and traffic signal construction to improve traffic flow and improve safe access to adjacent properties. Cost estimates are included in the report. We will be pleased to meet with you at your convenience to discuss this report. Sincerely, ceAr..*4 Leonard C.Newquist,P.E. LCN:llc Enclosure t7/� Table of Contents Certification Page Letter of Transmittal Table of Contents Page Scope 1 Figure 1 - Location Map 2 Feasibility and Recommendations 3 Project Discussion 3 Existing Conditions 3 Proposed Improvements 3 Easements 5 Permits 5 Cost Estimate 5 Assessments 5 Revenue Source 6 Project Schedule 6 Appendix A - Preliminary Cost Estimates, Dodd Road/l-494 Intersection, City Project No. 624 Appendix B -January 10, 1989 Traffic Study, City Project No. 624 Appendix C - December 10, 1992, Traffic Memorandum, City Project No. 624 Appendix D - Figure Nos. 2, 3, 4 and 5, City Project No. 624 City of Eagan Dodd Road Page i • Scoff This project is located in the northeastern portion of the City of Eagan as shown on Figure No. 1. The Eagan City Council, in the fall of 1988, authorized SEH to prepare a traffic study to evaluate future traffic operations in the vicinity of Dodd Road (T.H. 149) and I- 494. The study was needed to address concerns relating to developing properties in the area. The study, dated January 10, 1989, reviewed various roadway concepts including improvements to Dodd Road, additional I-494 ramps, I-494 interchange located somewhere east of Dodd Road, and various frontage road modifications. The extent of these improvements was estimated to be in excess of$13,000,000.A copy of this report is included in Appendix B. The January 10, 1989, report identified the Dodd Road/1-494 intersection as a potential congestion"hot spot"based on traffic projections and anticipated development trends.In the fall of 1991, Mn/DOT personnel contacted the City informing them of many complaints Mn/DOT received regarding increasing traffic congestion at Dodd Road/I- 494 intersection. The City agreed to host a meeting for Mn/DOT to review the traffic concerns with affected businesses in the area.This meeting was held on December 9,1991. At the meeting, Mn/DOT indicated that there was a potential to address some of the traffic concerns if the City of Eagan would agree to be the lead agency and request improvements through the Cooperative Construction Agreement program.On December 17, 1991, the City Council took formal action to request the initiation of the process with Mn/DOT to facilitate Mn/DOT's ability to respond to the traffic congestion concerns. In the spring of 1992, SEH prepared a plan for improvements on Dodd Road and the eastbound I-494 exit ramp to Dodd Road. This plan received informal review from Mn/ DOT. Meetings were then held with both Northwest Airlines and Cray Research personnel to review the plan with them. Both Northwest Airlines and Cray Research are in agreement with the improvement plan presented in this report. The plan,as presented in this report,has received formal review from Mn/DOT.The plan consists of widening the eastbound I-494 exit ramp to Dodd Road to achieve a double left- and single right turn lanes onto Dodd Road.Also,the plan consists of removing the wide median on Dodd Road from I-494 south to Lone Oak Parkway and installing double left- turn lanes for southbound Dodd Road traffic, at Northwest Parkway, and Lone Oak Parkway, and installing traffic`‘.signal systems at both intersections. This plan is not intended to address the ultimate needs in the I-494/Dodd Road (T.H. 149)/T.H. 55 area. Such a plan will cost several million dollars and will take many years before it will become a reality. The plan, as presented here, is a short-term investment intended to improve traffic congestion at the Dodd Road/I-494 intersection. • City of Eagan Dodd Road s-4 Page 1 PROJECT LOCATION I \ lik.....„..........._ 9 50 - q 0 I E/GHTS 1 _.-=-_--II -11114,_ k t ., , ___ -, . Aikk — —_ I-494 Mu i. J� GENTIAN 6NEtLL 1p,,,..ax____ __. 9 o 0, se.,,,,,._< \('' rt if• 7 N NW N- d I NW 0 ► t N\a/0 fJ Cc. 6 I, P 1,..-÷ l \c C� EN K AY :),Q. (0 -- `'y �4Y .. V I ��' - - .� (i,„. - •►- iy KENNET>: ( .,_'� 74, do Y A C9. --- 4 4, �`, BEATRICE S T_ IMC tEE H= S) 4. KEEF_ r LEX/NGTO ND E SR ox ; \Lci! .ONE -i J OAK RD ' _ _ ..�8) cl Co. Rd. o. 26 ) �,p i - --- I A IT In I PROJ.N0.624 AA DODD ROAD / I-494 92287 EAGAN, MINNESOTA FIGURE NO. • �� LOCATION MAP 1 - J Feasibility and Recommendations The project is feasible from an engineering standpoint and can best be carried out as one construction contract. Project Discussion As stated previously, this project consists of widening the eastbound I-494 exit ramp to Dodd Road and improving turning movements on Dodd Road between I-494 and Lone . Oak Parkway. Existing Conditions The eastbound I-494 exit ramp to Dodd Road is a two-lane rural section roadway with single left- and right-turn lanes at Dodd Road.Drainage ditches adjacent to the roadway ramp discharge runoff into the I-494 storm drainage system.The area inside the exit ramp curve is higher than the ramp grade with a relatively steep grade on the back side of the drainage ditch. Dodd Road (T.H. 149) is a divided four-lane urban roadway. Single left-turn lanes exist for both northbound and southbound traffic at O'Neill Drive, Northwest Parkway, and Lone Oak Parkway. Traffic signal systems exist on Dodd Road at both the I-494 ramp - intersection and T.H. 55 intersection. Storm sewer on T.H. 149 exists from approximately 100 feet north of Northwest Parkway to approximately 700 feet south of Lone Oak Parkway. Catch basins exist on both curb lines for northbound T.H. 149,but only on the west curb line for southbound T.H.149.The storm sewer is shown on Figure Nos. 2, 3,and 4 in Appendix D. Proposed Improvements The proposed improvements are shown on Figure Nos.2,3,and 4.The ramp is proposed to be widened to create a double left-turn lane and single right-turn lane at Dodd Road. The widening will begin approximately 200 feet from I-494. Type D424 concrete curb is proposed to be installed on the right side of the roadway ramp.Concrete curb is proposed in order to reduce the impact from the roadway widening to the steep slopes inside the exit ramp curve. The existing traffic signal at Dodd Road will require modifications to accommodate the double left-turri movement. The median between the northbound and southbound lanes on Dodd Road ranges from 15 to 26 feet in width. The improvements on Dodd Road consist of constructing double left-turn lanes for southbound Dodd Road traffic at both Northwest Parkway and Lone Oak Parkway.The median is wide enough to construct the additional left-turn lane in the median area. Traffic signal systems are proposed to be installed at both Northwest Parkway and Lone Oak Parkway intersections. Traffic signals are warranted at both Northwest Parkway and Lone Oak Parkway today.Widening for turn lanes will not affect existing catch basin and it is not anticipated that modification to the existing storm sewer system will be needed for the improvements to Dodd Road. City of Eagan Dodd Road Page 3 As stated previously, the improvements proposed in this report have received formal review from Mn/DOT. A preliminary consensus for the construction phasing for the improvements has also been agreed upon.This plan is as follows:The City will enter into a cooperative agreement with Mn/DOT for the Northwest Parkway and Lone Oak Parkway intersection improvements for 1993 construction.Mn/DOT will widen the I-494 eastbound exit ramp in fiscal year 1996.Fiscal year 1996 begins July 1, 1995, and extends through June 30, 1996.When Mn/DOT widens the I-494 exit ramp,they will also extend the median across the O'Neill Drive intersection. The extension of the median will limit -.- access to O'Neill Drive to right-in and right-out movements.According to Mn/DOT,this median extension is proposed to facilitate through southbound Dodd Road traffic and full use of the Northwest Parkway double left-turn lanes. Between T.H. 55 and the westbound I-494 exit to Dodd Road, there are currently three traffic systems,one at both I-494 exit ramps and one at T.H.55.With traffic signal systems proposed at both Northwest Parkway and Lone Oak Parkway,there will be a total of five signal systems within an approximate 0.9-mile distance.An interconnect between the five signals is needed to facilitate the large traffic volumes and turning movements within this short distance. Attached to this report, in Appendix C, is a Project Memorandum dated December 10, 1992,with a summa ry of traffic volumes. Cost sharing for this improvement between the City of Eagan and Mn/DOT is proposed as follows: Percent of Construction Cost Project Description City Mn/DOT I-494 Exit Ramp 100% Northwest Parkway Signal System 50% 50% Roadway 7. 100% Lone Oak Parkway Signal System 50% 50% Roadway 100% Traffic Signal Interconnect) 24% 76% 1.Preliminary assessment of cost share based on total number and jurisdiction of the five traffic signal legs. City of Eagan .- Dodd Road J Page 4 Easements Additional right-of-way is required at both Northwest Parkway and at Lone Oak Parkway intersections. The right-of-way is needed on the east side of Dodd Road as shown on Figure Nos.4 and 5 in Appendix D.The amount of right-of-way is estimated to be 2,500 square feet. Permits The following regulatory agency permits will be needed: 1. Minnesota Department of Transportation Cost Estimate Detailed cost estimates are located in the appendix in the back of this report and are summarized below: I-494 Eastbound Exit Ramp $131,1001 Dodd Road I-494 to Northwest Parkway $308,8002 Dodd Road Northwest Parkway to Lone Oak Parkway $287,4002 Traffic Signal Interconnect $ 82,400 Total $809,700 1.Proposed to be done by Mn/DOT fiscal year 1996. 2.Includes cost for right-of-way. The estimated project cost includes contingencies and indirect costs. Indirect costs are estimated at 35 percent and include legal,engineering,administrative,and bond interest. Assessments The costs of this improvement will not be assessed. City of Eagan Dodd Road Q � Page 5 Revenue Source The City of Eagan and Minnesota Department of Transportation will participate in the costs for this improvement.The City of Eagan's share is estimated to be$381,200 based on the cost sharing formulas presented previously in this report.The City's share will come from Tax Increment funds. Project Schedule Present Report to Council February 2, 1993 Hearing March 2, 1993 Approve Plans and Specifications May 18,1993 City Approves Mn/DOT Agreement July 6,1993 Award Construction Contract August 3, 1993 Begin Construction August 17,1993 Complete Construction January 15,1 994 City of Eagan Dodd Road Page 6 Appendix A Preliminary Cost Estimates Dodd Road/I-494 Intersection City Project No. 624 s;C:) Project No. 624 1-494 Eastbound Exit Ramp Description Unit Est. Pity. Unit Price Amount Mobilization L.S. 1 6,000.00 $6,000 Common Excavation C.Y. 990 5.00 4,950 Topsoil Borrow C.Y. 200 6.00 1,200 Saw Bituminous Pavement L.F. 1,250 3.00 3,750 Aggregate Base, Cl. 5 Ton 770 10.00 7,700 Type 61,Wear Course Ton 210 30.00 6,300 Type 31, Binder Ton 210 25.00 5,250 Type 31, Base Ton 750 24.00 18,000 Tack Coat Gal. 130 2.00 260 Concrete Curb L.F. 1,130 6.00 6,780 Sod S.Y. 1,570 2.00 3,140 Traffic Control L.S. 1 5,000.00 5,000 Pavement Markings L.S. 1 2,000.00 2,000 Silt Fence L.E. 200 2.00 400 Bale Check Each 4 20.00 80 Subtotal $88,310 Plus 10%Contingencies 8,830 Estimated Construction Cost $97,141 Plus 35%Legal,Administrative, Engineering and Bond Interest 33,959 Total Estimated Cost $131,100 Dodd Road Cost Estimates Page A-1 CP \ Project No. 624 Dodd Road - 1-494 to Northwest Parkway Description Unit Est.Qty. Unit Price Amount Mobilization L.S. 1 9,600 $9,600 Common Excavation C.Y. 700 5.00 3,500 Saw Bituminous Pavement L.F. 1,110 3.00 3,300 Remove Concrete Curb L.F. 1,450 2.00 2,900 Remove Concrete Median S.Y. 1,800 4.00 7,200 Remove and Install Light Post Each 1 1,200.00 1,200 Aggregate Base,CL 5 Ton 570 10.00 5,700 Type 61,Wear Course Ton 170 30.00 5,100 Type 31,Binder Ton 170 25.00 4,250 Type 31, Base Ton 620 24.00 14,880 Tack Coat Gal. 200 2.00 400 - Concrete Curb, Des. B624 L.F. 1,290 8.00 10,320 Concrete Median S.Y. 1,200 20.00 24,000 Traffic Control L.S. 1 4,000.00 4,000 Right-of-Way S.F. 1,450 1.70 2,465 Full Traffic Actuated Signal L.S. 1 105,000.00 - 105,000 Topsoil and Sod S.Y. 380 3.00 1,140 250W High Pressure Sodium Street Each 1 3,000.00 3,000 Light Subtotal $207,955 Plus 10% Contingencies 20,796 - T' Estimated Construction Cost $228,751 Plus 35% Legal,Administrative,Engineering and Bond Interest 80,049 Total Estimated Cost $308,800 Dodd Road Cost Estimates Page A-2 (0 )-- Project No. 624 Dodd Road - Northwest Parkway to Lone Oak Parkway Description Unit Est. Qty. Unit Price Amount Mobilization L.S. 1 9,200 9,200 . Common Excavation C.Y. 520 5.00 2,600 Saw Bituminous Pavement L.F. 940 3.00 2,820 Remove Concrete Curb L.F. 1,120 2.00 2,240 Remove Concrete Median S.Y. 1,680 4.00 6,720 Remove and Install Light Post Each 1 1,200.00 1,200 Aggregate Base, Cl. 5 Ton 420 10.00 4,200 Type 61,Wear Course Ton 140 30.00 4,200 Type 31, Binder Ton 140 25.00 3,500 Type 31, Base Ton 450 24.00 10,800 Tack Coat Gal. 160 2.00 320 Concrete Curb, Des. B624 L.F. 1,110 8.00 8,880 Concrete Median S.Y. 1,150 20.00 23,000 Traffic Control L.S. 1 4,000.00 4,000 Right-of-Way S.F. 1,050 1.70 1,785 Full Traffic Actuated Signal L.S. 1 107,000.00 107,000 Topsoil and Sod S.Y. 350 3.00 1,050 Subtotal $193,515 Plus 10%Contingencies 19,352 7. - Estimated Construction Cost $212,867 Plus 35% Legal,Administrative,Engineering and Bond Interest 74,533 Total Estimated Cost $287,400 Dodd Road Cost Estimates Page A-3 5 Project No. 624 Interconnect Cable Between Signals at T.H. 55 and 1-494 Description Unit Est. Qty. Unit Price Amount Interconnect Conduit and Cables L.S. 1 55,500 $55,500 Subtotal $55,500 Plus 10%Contingencies 5,500 Estimated Construction Cost $61,050 Plus 35%Legal,Administrative,Engineering and Bond Interest 21,350 Total Estimated Cost $82,400 Dodd Road Cost Estimates Page A-4 LC,4 Appendix B January 10, 1989 Traffic Study City Project No. 624 DODD ROAD CT.H. - 149) / INTERSTATE 494 TRAFFIC STUDY JANUARY 10, 1989 g BUIE Minim RD. f 1 J ' \\,___, ,------_-_----J, --r-z--%-i--------- 1 waa I NORTHWEST V( gi PKWY. " _.-- 744/,te • .-- % \ LCIele 04k . LOPE OAK RD. (C.SAA 26) Prepared for City of Eag • • by -124 Short— Elliott— Rend-cm son , Inc. TABLE OF CONTENTS INTRODUCTION . STUDY PROCESS .LAND USE PATTERNS TRAFFIC DISTRIBUTION TRIP GENERATION • TRAVEL DEMAND MANAGEMENT ` . ROADWAY CONCEPTS SUMMARY APPENDIX I - STUDY TECHNICAL MEMORANDA APPENDIX II - AM PEAK, PM PEAK & ADT TRAFFIC FORECASTS OPERATIONS EVALUATIONS WORKSHEETS EXHIBITS ti LIST OF EXHIBITS EXHIBIT I - STUDY AREA EXHIBIT II - TRAFFIC ANALYSIS ZONES EXHIBIT III - COMPUTERIZED ROADWAY NETWORK EXHIBIT IV - RECOMMENDED ROADWAY SYSTEM CONCEPT 1 INTRODUCTION In the Fall of 1988, the City of Eagan authorized the preparation of a traffic study to evaluate the future traffic operations in the vicinity of Dodd Road and I-494 . This study was needed in order to address specific detailed concerns relating to developing properties in the area. The recently completed Comprehensive Transportation Plan identified the Dodd Road / I-494 area as a potential - congestion "hot spot" based on the anticipated development trends from Eagan's and other community Comprehensive Land Use Plans. The Transportation Plan included specific development assumptions in the area and projected that without major improvements, the capacity of the streets in the vicinity would be three or four times over capacity. The anticipated level of roadway improvements required to handle these intensities were of too great a magnitude to evaluate during the completion of the Comprehensive Plan. Northwest Airlines, which is located in the southeast quadrant of the Dodd Road / I-494 interchange was also interested in modifying their development plans to accommodate additional development. During the summer of 1988 they commissioned a traffic study to review the impacts and possible mitigation which might be required . Northwest' s study also anticipated traffic congestion problems. As part of a response to these concerns, the study recommended a number of travel demand management strategies to encourage car-pooling and to promote travel during off peak hours. This traffic study is a refinement to Eagan's Comprehensive Transportation Plan. The study was done independently from Northwest's traffic study but the results were compared at appropriate intermediate steps. The mitigation suggestions from Northwest's study were evaluated as part of the review of the general area. Exhibit I illustrates the extent of the study area limits for the traffic study. Detailed operation evaluations were required in this area since the impacts from nearby develop- ments combined with overall traffic growth patterns impact an area considerably larger than just the immediate vicinity of the Dodd Road / I-494 interchange. For example , any capacity improvements to Dodd Road must also be accompanied by improvements to the interchange and possibly to the interstate highway itself. The traffic from the develop- ments adjacent to Dodd Road will impact distant interchanges and intersections along Lone Oak Road, I-494, I-35E, Trunk Highway 55, Dodd Road and others. 2 (.1A The design process includes an integrated analysis to ensure the smooth flow of traffic from the site with good internal circulation roads, to an arterial road system to finally delivering traffic to the trunk highway system. All three roadway systems must coordinate and integrate with any design concepts used for Dodd Road and I-494. Dodd Road carries a considerable amount of traffic which does not originate in the immediate area. This high through traffic characteristic is a result of design decisions which were made early in the concept planning stages of X-494 and I-35E. No direct access is provided between Trunk: Highway 55 and these highways so traffic must use Dodd Road as an intermediate connector. Today, many existing conflicts with railroads, structures and other design constraints preclude establishing any type of direct accessbetween TH-55 and the interstate highways. Some inherent limitations exist in the Trunk Highway and County Road system which are somewhat distant from Dodd Road / I-494. This study assumes that these design constraints can be resolved with the affected agencies in coordination with the improvements suggested by this study. STUDY PROCESS The work program of the study was established to perform the following tasks: - Review the Land Use assumptions by area developers and compare to the Comprehensive Transportat:.on Plan - Review the traffic distribution patterns, available routes, alternate routes and the proposed internal street systems - Review Northwest's traffic study (The Lone Oak Travel Demand Management Plan) in terms of its assumptions for land use, traffic generation and the potential of travel demand management strategies - Examine long range conceptual changes to the major street and highway system to accommodate the projected traffic volumes - Calculate the capacity of the specific intersections throughout the area while examining alternative routes for traffic desiring to use over-capacity intersections The following sections discuss the findings from the completion of these work tasks. 3 (..0P_C\ LAND USE PATTERNS The Eagan Comprehensive Transportation Plan was configured to tabulate land uses into small areas called Traffic Analysis Zones (TAZ 's) . Exhibit II illustrates the TAZ boundaries which reside in the study area. The Northwest Airlines proposed development is located in TAZ 75, while the adjacent proposed developments by Cray Research and Wachovia are located in TAZ 74. The Eagan Transportation Plan closely follows the land use assumptions which were presented in the ;,one Oak Travel. Demand Management Plan which was prepared for Northwest Airlines by BRW, Inc. (June 1988) . The Eagan Plan' s assumptions were updated last summer after completion of the Lone Oak Plan. Further detailed information was presented by BRW in August which clarified the 'land use intensities and identified the full amount of ultimate development anticipated by Northwest Airlines, Wachovia and Cray. The- Lone Oak Plan analyzed a time period up to the year 2005 consistent with the original requirements of the EIS. The Eagan Comprehensive Plan extends to year 2010 as part of the 20 year planning horizon. Additional ultimate development of 150,000 sq-ft for Wachovia and 290,000 sq-ft for Cray Research which are anticipated to occur between year 2005 and 2010 in the Lone Oak Plan were not included in the Comprehensive Plan. Conversely, the Lone Oak Plan did not include future development anticipated in the area such as the 110 acres east of Northwest Airlines (Cole property) . The Eagan Plan refinements now reflect the anticipated ultimate development for this area. The year 2010 forecast year was used for study purposes since many of the roadway improvements will have useful design lifetimes extending well past the early 2000's. TRAFFIC DISTRIBUTION The Eagan Transportation Plan uses a schematic of the actual roadway system in order to analyze traffic patterns with a computer. Exhibit III shows the computerized network which is being used in the study area. Due to analysis capacity limitations of the computer, not all roadways are represented. Trunk Highways, arterials and most collector streets have been computerized, but local streets are frequently combined into one or two composite facilities for study purposes. The trip distribution patterns predicted by the Eagan . Comprehensive Plan were compared to the assumptions of the Lone Oak Plan and found to be in fairly close agreement. The Lone Oak Plan used information from the Metropolitan Council which forecasts travel patterns for the whole Twin 4 O Cities metropolitan area. The area of greatest deviation appears to be some differences between the assumed distribution of traffic to and from the north. The Eagan Plan puts more emphasis on the use of I-35E while the Lone Oak Plan assumed that Dodd Road would carry the highest proportion of traffic to the north . Initially no modifications were recommended even though it was recognized that traffic will tend to divert to the route which experiences the least amount of congestion. Alternate routes for potential traffic diversion were reviewed although the options are limited. The use of Lone Oak Road is anticipated to increase. Diversion to the west may be limited since the Eagan Plan projects considerable congestion at the interchange of Lone Oak Road with I-35E. Travel to the east to LaFayette Freeway (Trunk Highway 3) will be smoother especially if Dakota, County pursues their plans to upgrade Lone Oak Road. Other routes such as Delaware Avenue (CSAH-63) to TH-110 or Trunk Highway 55 to Mendota Heights Road (to I-494 via Pilot Knob Road) appear to have less potential for use due to the circuity involved. The potential diversion of northbound TH-55 traffic to LaFayette Freeway for access to I-494 west rather than using Dodd Road was also reviewed. While increasing Dodd Road congestion could encourage some diversion, it was anticipated that the TH-55 / Dodd Road / I-494 connection would continue to be the primary travel route used. TRIP GENERATION The trip making potential of the area was reviewed in light of the land use intensity modifications anticipated above. Initially the Eagan Transportation Plan appeared to project volumes which were fairly close to those anticipated by the Lone Oak Plan: LONE OAK PLAN EAGAN COMP PLAN (YEAR 2005) (YEAR 2010) ADT AM PEAK PM PEAK ADT AM PEAK PM PEAK TAZ 74 43,350 3,150 4,850 34,200 2,350 4, 100 TAZ 75 23,750 3,200 2,900 29,400 2,450 4, 100 TOTAL 67, 100 6,350 7,750 63,600 4,800 8,200 However, after further review, it was apparent that the Eagan Transportation Plan required some refinement since it did not account for the ultimate development intensities which are now anticipated. The projections appeared closer 5 than they were since the Lone Oak Plan's horizon only extended to Year 2005 and didn't include development from other adjacent properties in the area. After the land use intensities were revised based on the current anticipated ultimate levels of development, the Eagan Plan trip generation was revised to the following: EAGAN COMP PLAN (YEAR 2010) ADT AM PEAK PM PEAK TAZ 74 56,900 4,100 7,100 • TAZ 75 31,600 2,400 4,050 TOTAL 88,500 6,500 11, 150 TRAVEL DEMAND MANAGEMENT Significant traffic increases are anticipated from the surrounding developments and from developments adjacent to Dodd Road. Although natural traffic diversion to other less congested routes will help reduce the volumes, it is apparent that some measures which encourage travel reduction will be needed. The assumptions of the Lone Oak Plan for the effectiveness of travel demand reduction strategies were reviewed and compared to similar experiences across the country. The review found that reductions of up to 20 percent could be attributed to staggered work hours (similar to the Lone Oak Plan's assumptions) . However even for aggressive programs, ridesharing and transit strategies were found to be generally lower in effectiveness than the Lone Oak Plan's assumptions and a reduction of 10 percent for this factor was recommended. The anticipated trip generation for the development in Traffic Analysis Zones 74 & 75 which include the Northwest site were then calculated to be 6 AM Peak PM Peak ADT Eagan Plan (Refined) 6,500 11,150 83,450 No TDM Applied Adjust for - 500 - 900 - 6, 600 Ridesharing & Transit Adjust for - 950 - 1,600 0 Staggered Work Hours Estimated Generation 5,050 8,650 8:1,850 With TDM Strategies The reductions are consistent with those anticipated by the Lone Oak Study, however the total volumes are higher since other ultimate development is included in the Eagan Comprehensive Plan. ROADWAY CONCEPTS The revised volumes developed in the previous section were then used as the base figures to use for the roadway operations evaluations discussed below. Detailed forecast volumes for the Average Daily and Peak Hour periods and specific operations evaluation information for the various roadway concepts are included in Appendix II. A number of concepts were reviewed regarding their potential to accommodate the projected future traffic volumes. These concepts included: - Improvements to Dodd Road - Additional I-494 ramps - A new 1-494 interchange Some specific concepts presented in the Lone Oak Plan were also reviewed. These included the construction of an interchange for exclusive High Occupancy Vehicle (HOV) use and additional ramp additions to the interchange at Dodd Road. The HOV interchange concept was found to produce little relief to the area since the volume of vehicles wh:Lch could use the interchange would be relatively small. Also there were some design limitations and undesirable weaving maneuvers which would be introduced by the interchange potentially introducing operational hazards to I-494 traffic. 7 The ramp modifications suggested by the Lone Oak Plan were also found to be infeasible when traffic volumes and required weaving distances were reviewed in more detail. The capacity analysis found that Dodd Road would require major upgrading regardless of other improvements which would be pursued. Essentially three through lanes would have to exist between TH-55 and I-494 with a 4 or 5 lane section between I-494 and TH-110. The widening of Dodd Road would require expanding the bridge across I-494 to accommodate 8 traffic lanes. Some intersections on Dodd Road would require dual left turn lanes and additional right turn lanes. Without other improvements, these upgrade efforts would still not produce enough additional capacity to handle the projected demands. The addition of a ramp from I-35E northbound which would parallel I-494 and directly tie to Dodd Road at Northwest Parkway was found to have considerable potential by provid- ing direct access to the Northwest Airlines site . Approximately 700 trips which would have to turn left at the south ramps to go south would be converted to through and right turns with a direct ramp connection. An additional interchange on I-494 east of Dodd Road and west of Delaware Avenue would greatly assist in getting traffic to flow smoother in the area. This interchange could connect to an internal roadway system serving the Northwest property or it could ultimately tie into Delaware Avenue. The interchange would provide considerable relief to Dodd Road by diverting about 40 percent of the traffic from Traffic Analysis Zones 74 and 75. Exhibit IV illustrates the overall recommended design concept along I-494 in the vicinity of Dodd Road. With all improvements in place including the I-494 ramps, upgraded Dodd Road and new I-494 interchange, much of the travel demand can be accommodated. Intersections on Dodd Road would be about at capacity during the peak hours. An analysis of the weaving maneuvers on I-494 shows that the highway can not accommodate all of the increase in traffic. Other design alternatives using combinations of collector distributor ramps, grade separation and other improvements were considered but found to be infeasible or prohibitively expensive. 8 The design concepts still require further detailed refinement and operational analysis to ensure that the improvements will function together as a system. Lane arrangements, turn lane storage and geometric improvements need to be evaluated to ensure that the traffic flow can be realistically accommodated regardless of the textbook theory. Traffic progression through the numerous signalized intersections must be reviewed to verify that a reasonable amount of coordination can be achieved. SUMMARY Much of the anticipated future development traffic can be 'accommodated by providing major sroadway improvements combined with aggressive local efforts of travel demand management. Refinements to the concepts are needed to address overall roadway operations and to identify if the projected capacity shortfall can be mitigated or if land use intensities in the area should be reviewed fortpossible reductions. 9 e-) Appendix C December 10, 1992, Traffic Memorandum City Project No. 624 MEMORANDUM ENGINEERS I ARCHITECTS•PLANNERS 3535 VADNAIS CENTER DRIVE ST PAUL,MINNESOTA 55710 61:?490.2000 TO: LEN NEWQUIST, PROJECT MANAGER FROM: BOB BYERS DATE: DECEMBER 10, 1992 SUBJECT: DODD ROAD (TH-149) / I-494 TRAFFIC VOLUMES FOR PROPOSED DOQD ROAD IMPROVEMENTS EAGAN CITY PROJECT 624 SEH FILE, 92287-32 I have reviewed the traffic volumes and the status of signal warrants as we discussed with Mn/DOT at our last meeting on November 20th. TRAFFIC DATA The traffic data which was reviewed included: * Mn/DOT hourly traffic counts 1986-1991 - Dodd Road (North & South of interchange) - TH-55 (North & South of TH-149) - TH-149 (South of TH-55) - O' Neill Drive (West of TH-149) - Blue Gentian Road (East of TH-149) - Northwest Parkway & Lone Oak Parkway * Mn/DOT a.m. and p.m. peak hour intersection turning movement counts performed in 1986-90 - North &. South Ramps of I-494 on Dodd Road - TH-55 at Dodd Road, Lone Oak Rd & TH-149 S * Benshoof Associates a.m. and p.m. peak hour intersection turning movement counts performed in 1987 - North & South Ramps of I-494 on Dodd Road - O'Neill Drive (West of TH-149) * Benshoof Associates trip distribution survey for Northwest Airlines in 1987 The traffic growth in this area has been very high, averaging between 10 and 15 percent per year since 1986. The peak hour left turn movements from I-494 Eastbound to Dodd Road (TH-149) Southbound have increased accordingly: Memo of 12/10/92 * page 1 * SHORT ELLIOTT ST PAUL, CHIPPEWA FALLS, HENDRICKSON INC. MINNESOTA? WISCONSIN HOURLY PEAK VEHICLE MOVEMENTS AT SOUTH I-494 RAMPS ON DODD ROAD Benshoof (1987) Mn/DOT (1990) A.M. PEAK HOUR 600 1,070 P.M. PEAK HOUR 410 600 Our future traffic projections considered the previous p.m. peak hour traffic projections for five, ten and twenty years from the 1989 Dodd Road / I-494 traffic study and the 1988 Eagan Transportation Plan / Dakota County Transportation Study. The 1995 peak hour turning movement forecasts have been refined using Northwest Airline's campus development plan and other proposed development plans as a guide. A June 1988 report called the "Lone Oak Travel Demand Management Plan" detailed future phased development plans for Northwest Airlines, Wachovia and Cray Research. Four phases were originally anticipated. Phases I and II were expected to occur by 1995. Although Phase II appears doubtful at this time from Northwest Airline's standpoint, the 1995 volumes for the Dodd Road Concept Plan includes this traffic for design purposes. The attached Table I from the Lone Oak Plan shows the breakdown of the anticipated development intensities. TRAFFIC OPERATIONS The traffic count information was used to create an estimate for the a.m. and p.m. peak hours today (1992) . We then analyzed the existing operations and examined some scenarios for the immediate future. The evaluation of roadway operations were based on a traffic volume to capacity ratio (V/C) and a measure of the Level of Service (LOS) provided. The attached charts summarizes our findings for the South I-494 Ramp intersection on Dodd Road. A.M. Peak Hour In 1987, this intersection operated at a relatively good Level of Service (LOS) C. It has since degraded to a LOS F in the morning rush hour. If the dual left turn lanes were added to the exit ramp, the LOS would return to C. Memo of 12/10/92 * page 2 • We then examined some scenarios for traffic growth in the immediate future. If the traffic grows similar to the previous 5 years (at 10 percent per year) , the LOS will again degrade to LOS E in just a few short years. If the growth rate slows to something similar to the state average (3.5 percent per year) , the Level Of Service would degrade a half level to C-D by 1995. The growth scenarios account for only the background traffic due to the areawide development. If Northwest Airlines, Cray Research or Wacovia properties adjacent to TH-149 develop, the Level Of Service would degrade sooner. The chart summary also notes that there may be some weave conflicts on Dodd Road due to the heavy left turning traffic from I-494 which also desires to turn at O'Neill Drive. O'Neill Drive is used the heaviest by inbound morning traffic followed by Lone Oak Parkway and then Northwest Parkway. The heavy use of O'Neill Drive means that if dual left turn lanes were provided on the I-494 off-ramp, the full benefit of the capacity improvement would not be realized since many vehicles would hug the inner left turn lane in anticipation to making an immediate left turn at O'Neill. The inbound "shortcut" via O'Neill is being used since Northwest Airline's internal circulation roads and traffic controls support such a pattern. Although the next entrance at Northwest Parkway was originally expected to be the primary route, this alternative is not perceived as being as direct since delays are incurred at the stop signs at Northwest Parkway and Lone Oak Parkway. The City of Eagan recently performed some additional traffic counts on O'Neill Drive, Northwest Parkway and Lone Oak Parkway. These counts verified that indeed these "shortcut" travel patterns are occurring. -P.M. Peak Hour The south I-494 ramps were analyzed for the evening rush hour by the 1988 Study which projected that the 1995 Level of Service would be F. The existing 1992 conditions are estimated to be LOS E. Similar to the morning period, the addition of dual left lanes would improve operations to LOS C. Current background traffic growth trends would result in a degrading of the Level Of Service to E-F by 1995. The 1995 p.m. peak hour Level Of Service is poorer than for the a.m. because the traffic has been growing at a faster rate (15 percent per year) than the morning. Memo of 12/10/92 *page 3 * It has been hypothesized that the 1993 opening of the Lafayette Freeway (TH-3) in Inver Grove Heights will help to relieve the traffic congestion at Dodd Road by accommodating part of the TH-55 to TH-149 to 1-494 movement. We do not foresee this improvement resulting in a significant impact to Dodd Road. REVIEW OF SIGNAL WARRANTS A review of the latest traffic counts, our 1992 estimates and the 1995 projections found that: * Traffic signals are warranted at both Northwest parkway and Lone Oak Parkway today. Justification for the Lone Oak Parkway signal is somewhat weaker than for Northwest Parkway since it only meets 2 of the 5 volume related warrants. * All traffic volume warrants are met by 1995 even if the Phase II developments for Northwest Airlines, Wachovia and Cray Research do not come about. The signal warrants were examined for three scenarios. The first case was for existing street geometrics, the second assumed modification of the internal stop signs to reduce the "shortcut" movement, and the third examined if a median was constructed on Dodd Road eliminating full access at O'Neill Drive. Some traffic volume warrants are met under all cases: SUMMARY OF SIGNAL WARRANT EVALUATION 1992 1995 Warrant Number Warrant Number 1 2 8 9 11 1 2 8 9 11 Existing Geometrics / Travel Patterns * Northwest Pkwy N C N Y Y C Y Y Y Y * Lone Oak Pkwy N N N Y Y N Y C Y Y Existing Geometrics / Modify internal stops * Northwest Pkwy C Y Y Y Y Y Y Y Y Y * Lone Oak Pkwy N N N Y Y Y Y Y Y Y Median on Dodd Road at O'Neill Drive * Northwest Pkwy Y Y Y Y Y Y Y Y Y Y * Lone Oak Pkwy N N N Y Y Y Y Y Y Y Y = YES N = NO C = Close (met for 7 of 8 hours) Memo of 12/10/92 * page 4 * • • TABLE 1 LAND USE DEVELOPMENT PHASING FOR LONE OAK SITE • PARCEL LAND USE PHASE I PHASE II PHASE III PHASE IV YEAR 2005 1985-1990 1990-95 1995-2000 2000-2005 ' TOTALS NORTHWEST AIRLINES A General Offices 264,630• 250,000 250,000. 764,630 B Office 68,800 68,800 C Office 111,000 111,000 D Computer Center 300,000 300,000 E Hotel 200,000 200,000 F Office 112,500 112,500 G Training Center 200,000 200,000 H N.A.T.C.O. 257,979 150,000 407,979 I Office/Tech 90 000 90,000 r: ri • - ,I. -. • • , ,.. : :,:41 . ,III - , r#1 2,254 909 WACHOVIA J-1 Retail 30,000 30,000 J-2 Office 50,000 50,000 K-1 Retail 50,000 50,000 K-2 . Office 35,000 35,000 L-1 Retail 70,000 70,000 L-2 Office 30,000 30.000 M-1 Retail 150,000 150,000 M-2 Office 35,000 65,000 100,000 N-1 Office, Office/Showroom 50,000 200,000 40,000 290,000 Research & Development 0-1 Office 66,000 25,000 91.000 0-2 Retail 43,000 43.000 P-1 Office, Office/Showroom 248,000 248,000 4 Research & Development P-2 Retail 76,000 76.000 Q-1 Office, Office/Showroom 9,000 114,510 123.510 - Research & Develo.ment l,: s _ •6.$4 10,$si -411,111 ,sis $ 1,386,510 CRAY R-1 Office 364,000 160,000 73,000 597,000 R-2 Research & Development 91 000 40,000 18,000 149,000 SUBTOTAL - CRAY 455,000 200,000 91,000 746,000 LAUKKA-BECK S-1 Office 0 TOTALS 1,177,609 1,518,800 1,099,000 592,010 4,387,419 NOTE: Parcel identifiers correspond to Figure 1. I r l • 4 I . . • z cn 0 . W h- 2 a e C7 a 1.= • in o5 o N U 11111 k 1 t ii k W (n O 2 J W Z O 1= N a d7 O o5 N 0 P7 N ` • N N- to °' moo Z IL-6-1 0 0 • o a I = < 0 w �r a O as rn e in a 1- rn o• t— _ rn K"'"'Q K - - Q Q ,• . 1- W o I eL I w L _ v) 0 Q �M OJ /�_ �� p w I I �Za 2 07 < J Z ( oa2a � - �' 'p Q ‘-' CI 1J-I ' " ›. (..) H ' '''a a - ,� ..J a m I N N 5 o o S zo�_- v v Z _ r rn a 3 ._ ►_ �- i w� I - a) o� ra Q Cl) �` 0 C ° A▪ Q 0 0 o 0 i 0 . a o r, 5 ' • N in a) V i • O N V L.... O N Z o J NO LVn1dn3 366 1 z . _. .., y O Q z J. _ • 0. og • o v N t i t_ it 0 A 2 J �.l W 0 0 Z F- 0 W Z E J N < a a � � mo =_� L� • \ J W m d' 05 W O Z O 0 C 0 ti NY Q Q O ct W a 1 � c� accaF I N - N C LL CO CL A Li] N -+-, o 07 Q 0 ■ Cr p z 0 Li m I O o a O 0 }' D F LA ML.,� O C9 O�ZZ- OV=i O p W J J e+7 O W z W r Q (1) I Lt)3 -, Z 0 op m G 0 O CmC� Q ~ COi U Q < F— WOV W d O Q 3=o LL L ]IL_ 0 L I- Cr of A z■ F— � z ^ 0 w d- I •� E -1 zz > L' p p T cn Q W 0 CY O Q� of ,z , A 0 0 z W . D o a z O W J 1' G > J Z • (n F- m . 0 p C M Q Q :T..; . � (-Ni n = +% V C) U N i Q) •1- -a4-1 0 ifi p C Z 0 J Jkaf11S '00 VIONVO 8861 N011dfl-IVt3 Z661. i3. _ • Appendix D Figure Nos. 2, 3, 4 and 5 City Project No. 624 ‘-f -1400FY EXISTING SIGNAL Road) T.H.149 (Dodd 50 _ r 50_� 45 - - - II -- r I ilir 75a - __ 1I 45.-� — i 1 5 'I N1 v ._; i 1 ;T6o 1 1 I 1 s-12. i`7 1 t t I ■ I 1 I1 1 I f 4 , 1 I 1 t - 1 ! r. 1 1 I 1 - I i __"; "'" Cii%"...%/r.. I ji Ii 1 E° 1 In II ' , Scale:1•=100' t' iI � . ti y.1 P4 . • I oi I i•i I ' . I r,41 I I 4 `: 1 - I I ;c,l I WORK TO BE DONE BY Mn/DOT ii ' ` , FISCAL YEAR 1996 I Jfl � 1 `' I 1 I , ;: #. I I � ' �' A.k. _ i I\ 1/i I t \ ` / 1 LEGEND ' ` ' I , TRAFFIC FLOW " ' f.:-.,,,,....-- t0, — r, , , t =Y-':° ROADWAY WIDENING ��-�-- r PROJ.N0.624 DODD ROAD / I-494 92287 �� EAGAN, MINNESOTA FIGURE NO. Al I-494 EXIT RAMP 2 ?....s- • 0 0 a m 1 L •3 N it .1 I lit '- Ramp 'B• r ' 1 1 \ t Scale:1'=100' ' •. 1 ,\11 1 I MEDIAN EXTENDED t t THROUGH INTERSECTION • 1 � ' I \ . `4e Ci::: 1 L 250W HIGH r / PRESSURE SODIUM S LIGHT. 1 t t r 1 ' t 1 i LEGEND • 1 ' \ TRAFFIC FLOW WORK TO BE DONE BY Mn/DOT FISCAL YEAR 1996 ROADWAY WIDENING PROIN0.624 , s DODD ROAD / I-494 9287- EAGAN, MINNESOTA FIGURE NO. � �� DODD ROAD 3 g-(e . Me O O NeO f / I I 1 1 tN O tr \%/1\/1 I Sc ale:1 m=100' I - " . 1 11 i ► ' •. 1 I -o i 0 • o ', Q -o 0 I o 1 i v. 1 '' 1 1.:: \ . n.! , 1 1 1 A 450 S.F. ADDNL. I iLlk I • RIGHT-OF-WAY _ / • 1-:-r � i J ■ 1 j tt�^` `-'IJ ` \�w orthwest Pkwy / - 11 ( ..;)---: 1 "Ii- 4— LEGEND -•• TRAFFIC FLOW ROADWAY WIDENING PROJ.NO.624 DODD ROAD / 1-494 92287 Arras,' EAGAN, MINNESOTA 4� FIGURE NO. IMPEERSIMICHIECTSIIMLNAIENS DODD ROAD 4 Y7 '1 v � 1 tit 7f::;;---'; -On Pkwy I 1,000 S.F. ADDNL. RIGHT-OF-WAY I : 1 • j Scale:16=100' i r,-, \ , - •.. I re 0 0 Ca I C4 i '.i I I i I I I 450 S.F. ADDNL. • RIGHT-OF-WAY ti7isi ( . ,-, f I i � � ( '-'\ _ Loge pak A 1 � kh'y LEGEND -r Y h ._ T -� TRAFFIC FLOW j f i l �_ _ I I it - -. ROADWAY WIDENING I I 600 S.F. ADDNL. i I RIGHT-OF-WAY PROJ.N0.624 f5e 4 DODD ROAD / I-494 92287 EAGAN, MINNESOTA FIGURE NO. EMPEERSIARCIVECESPIAMPVIS a DODD ROAD •5 1 ■ Agenda Information Memo March 2, 1993 City Council Meeting APRNRC APPOINTMENTS A. Appointments,Advisory Parks, Recreation & Natural Resources Commission—Ballots will be furnished for the appointment of members to the Advisory Parks, Recreation & Natural Resources Commission. In official action at the February 16, 1993 City Council meeting, a structure of ten members was approved for this Commission. Therefore, it will be necessary to appoint members for the following terms. The variation in terms is due to the expiration of two three-year terms as of December 31, 1992 (Erin Ibsen-Borgersen and Jonathan Widem); a resignation from a term which has two years yet to run, expiring 12-31- 94; the one-year alternate term; and the three new terms which are being set up as one three-year term, one two-year term, and one one-year term in order to stagger appointments in future years. In summary, the Council will need to appoint persons to: a) three three- year terms; b) two two-year terms; c) one one-year term; and d) one one-year alternate term. Erin Ibsen-Borgersen and Jonathan Widem are applying for reappointment. Alternate Kevin Knight will be leaving Eagan and is not reapplying for reappointment. A copy of the letter from Mr. Knight is enclosed on page for the Council's information. Also enclosed on page C\'/is a copy of a letter from Jack Johnson indicating his resignation from the Commission. (This is the remaining two years of a three-year position which will need to be filled.) Also enclosed on page is a copy of a letter from David Szott regarding his continued interest in appointment to the Commission. In summary, those applying to the Advisory Parks, Recreation & Natural Resources Commission are: Present Members Meetings Missed: Erin Ibsen-Borgersen March.June.August. Sept.. October Jonathan Widem December Applicants & Commission Choices in Order of Preference Wendell Carlson (APRNRC) Frankie Hall (APRNRC) George Kubik (APRNRC) David Medernach (APC, APRNRC) John M. Powell (APRNRC) Kenneth J. Rohlf (APRNRC) John Rudolph (APRNRC, APC) Jeffrey D. Schuetz (EDC, APRNRC) David Szott (APRNRC, APC, SWAC) Stephen C. Thompson (APRNRC, SWAC) Roy Wallace (APC, Cable, APRNRC) 2 „ Agenda Information Memo March 2, 1993 City Council Meeting ACTION TO BE CONSIDERED ON THIS ITEM: To make three three-year terms, two two-year terms, one one-year term and one one-year alternate term for the Advisory Parks, Recreation & Natural Resources Commission. 1305 Berry Ridge Road Eagan , Minnesota 55123 (612) 688-6805 February 12 , 1993 Thomas Hedges City Administrator 3830 Pilot Knob Road Eagan , Minnesota 55123 Dear Mr . Hedges , Please withdraw my application for reappointment to the Advisory Parks , Recreation and Natural Resource Commission . A change in employment , which will require the relocation of my family will prohibit my further participation on this commission . My experience on the commission over the last year has been extremely enjoyable , and I hope my service to the community has been beneficial in some way . Please express my gratitude to the City Council for providing the opportunity for me to serve on this commission . Also , my thanks to the other members of the Advisory Parks , Recreation and Natural Resources Commission and to Ken Vraa and his staff for their help and hard work. Best wishes and success in the future . Sincerely , Kevin N . Knight cc: Ken Vraa Director of Parks & Recreation ' ,. FEB 18 , , 1 IL Tom Hedges City Adminstrator City of Eagan 3830 Pilot Knob Rd. Eagan,MN 55122 Dear Tom, h is with exzeme regret that I write to inform you of my resignation from the Eagan Parks, Receration and Natural Resources Commission. Serving the citizens of Eagan on this commission for the past four years has been very rewarding. The vote of confidence expressed by commission members in electing me Chairman and serving the commission in this capacity has been extremely gratifying.However,due to increased work responsibilities and travel,I am forced to resign effective immediately. The staff in the Parks, Recreation and Natural Resources Department is,in my opinion, unsurpassed by any in the nation. The people of Eagan are very fortunate to have such creative, dedicated people on staff. Ken Vraa has put together an outstanding team to perform with utmost capability the difficult responsibilities of their jobs. I have enjoyed working with city staff and serving our growing community. 11■111P311,9 Jack Johns Chairman.Parks,Recreation and Natural Resources Commission cc Ken Vraa 870 Cornwallis Court Eagan, Minnesota 55123 February 22, 1993 — --- __ r � H Tom Hedges H " City Administrators 2 3 3830 Pilot Knob Road 1,Jj Eagan, Minnesota 55122 Dear Mr. Hedges; I received your letter yesterday regarding the need for the City Council to extend the deadline for a final decision on the restructuring of the Parks, Recreation and Natural Resource Commission. I am still very interested in becoming a member of any one of the sub-committees and welcome the opportunity to be chosen. I feel that the continued study of natural resources and environmental issues is of critical importance to our community and the need for more commitment is paramount to our future. Thank you for your letter informing me of the extension. Sincerely David Szot 688-0275 4 . • • Agenda Information Memo March 2, 1993 City Council Meeting 1993 - 1997 FIVE YEAR C.I.P. B. 1993-1997 Five-Year Capital Improvement Program--The last Five (5) Year Capital Improvement Program was adopted in March, 1992 for 1992-1996. Each year the Five (5) Year C.I.P. is updated, a process that began during summer of 1992 and continued through the final work session that was held February 9, 1993. The Capital Improvement Program (C.I.P.) is a multi-year planning instrument used for the City to identify needed capital projects and to coordinate financing and timing of those projects to maximize the return on the investment made by the citizens of Eagan. Upon approval of the document, the 1993 year becomes an approved budget. The years 1994-1997 are subject to additional review as new C.I.P.s are prepared and for budgetary purposes is a guideline. During the review of the C.I.P. at numerous meetings throughout the fall 13f 1992, issues ranged from establishing a manageable level of capital expenditures to a designated category of revenue appropriate for financing projects identified in the Five (5) Year C.I.P. document. For City Council consideration, a copy of the C.I.P. text and summary of the proposed financing methods including detailed summaries of Part I and Part II are enclosed on pages G� through 1 CD. Staff will have a handout available for distribution and overheads for the audience. The City Administrator was given specific direction to prepare a summary of a concept the City Council discussed and gave consideration to at the February 9th workshop as pertains to one capital project under Part I, the Recreation Facility/Multi-Use Arena. For a copy of that information, refer to pages ( \. through 113 . • ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny, with or without amendment, the Capital Improvement Program for the years 1993-1997 as a multi-year planning instrument recognizing that 1993 reflects an approved budget,while 1994-1997 will require additional review as new C.I.P.s are prepared. 9, • MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES • DATE: FEBRUARY 2, 1993 SUBJECT: DRAFT 1993 - 1997 CAPITAL IMPROVEMENT PROGRAM BACKGROUND The attached document is the draft Capital Improvement Program, as revised,for the years 1993 - 1997. This Capital Improvement Program (CIP)is a multi-year planning instrument used for the City to identify needed capital projects and to coordinate financing and timing of those projects to maximize the return on the investment made by the citizens of Eagan. Upon approval of the document the 1993 year becomes an approved budget. The years 1994 - 1997 are subject to additional review as new CIP's are prepared. The draft CIP has been reviewed at numerous meetings during the fall of 1992. Issues have ranged from establishing a manageable level of capital expenditures to a designated category of revenue appropriate for financing projects identified in the five year CIP. Adoption of a five year CIP will provide direction to the community and prepare the Council and staff to coordinate the many projects identified in the five (5) year CIP. During the decade of the 1980's, the demand for services and the cost of providing them both increased rapidly. Currently, financial and development activities are complex and must be carefully analyzed. In order to evaluate projects, a methodology was devised to determine which projects were the most important. The CIP includes the scheduling of public improvements within the community over a five year period. This program takes into consideration the community's financial capabilities as well as its goals and priorities. For the purpose of this report, the capital improvement can be defined as a major non- recurring expenditure for any physical facilities of government. Typical expenditures are the cost of land acquisition or interest in land, construction of buildings or other structures, construction of roads, utilities,'parks, vehicles and equipment. The ClP is directly linked to goals from policies,land use and community facilities sections of the comprehensive plan, redevelopment and the maintenance of the community. The primary objective of the CIP is to integrate specific goals,policies and recommendations contained in the City's plan and its capability to pay for and maintain capital improvements. The City's ability to finance the necessary improvements have been discussed at length by City Council and staff to date. Public policy is made difficult due to the demand for improvements that are a net result of the rapid growth of the community during the past several years. Unfortunately, this demand outstrips the City's ability to finance the improvements, particularly within the constrains of rising debt service costs. The most difficult aspect of public policy in giving consideration to the proposed CIP is to prioritize each of the proposed capital projects. 5 1993 -1997 CIP PROGRAM FEBRUARY 2, 1993 PAGE 2 This CIP is divided into three (3) specific parts: PART I • (Public Facilities), Part I is funded through four (4) revenue sources which include: • • Community Investment Fund/Interest Proceeds • Single Family Bond Fund • Public Enterprise User Fees • Undetermined Source (i.e. bond referendum, Community Investment Fund/Principal or some future funding source.) PART II (Vehicles and Equipment) _ The main financing source for Part II is the equipment revolving fund which receives funding from general property tax allocation and equipment certificates which is a form of bonding, also obligating a general property tax revenue source. Public enterprise user fees are a funding source for vehicles and equipment used in the public utility departments. PART III (Public Facilities Infrastructure and Park Improvement Projects) Part III if funded primarily through six (6) sources: • Revenue Bonds • G.O. Bond Referendum • Special Assessment Bonds • Major Street Fund • Park Site Acquisition and Development Fund • Public Enterprise User Fees The draft 1993 - 1997 CEP for all three parts (I, U & III) as presented totals $38,953,540. A summary of proposed expenditures and financing methods is enclosed on pages 12. through \. PART I This section, as previously stated provides a one (1) year budget and a four (4) year guideline for general government facilities. The revenue sources include the Community Investment Fund,which is the dedication of 90%of the interest earnings on the Community Investment Fund principal, the single family bond fund, which relates to unrestricted proceeds the City has gained for the management of the 1980 single family bond fund, public enterprise user fees and, finally, a column entitled "Undetermined" which simply states that there is no declared revenue source for those public improvements. ty • 1993 -1997 CIP PROGRAM FEBRUARY 2, 1993 PAGE 3 Policy direction regarding Part I is to prioritize projects and establish a level of funding so staff can begin coordination of these building programs. At the December workshop meeting, the City Administrator was directed to review and coordinate data on the following issues: 1. Analyze future Fire Department needs and determine whether a sixth fire station and other Fire Department improvements are necessary within the next five years or in the foreseeable future. 2. Prepare cost estimates for the law enforcement/municipal center expansion. 3. Provide a cost analysis and site plan for parking lot and infrastructure improvements to the overall municipal center site and, further, determine how a recreational facility/ice arena can be integrated into further community center/recreational facilities. 4. Prepare cost estimates for the proposed recreational facility/ice arena project. With the excellent cooperation of the entire management team, this information has been coordinated for review by the City Council. Enclosed on page ILA is the revised schedule (Part I) for the General Government facilities. First,there was direction by the City Administrator to review the feasibility of consolidation of training room facilities and other uses between police and fire. The Fire Department executive committee, having met with the City Administrator and Chief of Police have considered a number of alternatives. According to the Fire Chief and on behalf of the Fire Department Executive Committee,the following is a review of the capital projects proposed for the Fire Department: - 1. Land Acquisition/Future Fire Station—In 1993, land acquisition for a future fire station in the northwest corner of the City is proposed. It is the intention of the volunteer fire department to land bank a small portion of property for a possible fire station in the northwest corner of the City. 2. Expansion Fire Station 3 and Remodel Fire Station 1--It is proposed in 1994 that Fire Station #3 be expanded to include one new truck bay on the west side of the existing fire station and also to relocate the dispatch area and upgrade the training room. There is also a proposal to remodel the exterior of Fire Station #1 to blend the building with the surrounding neighborhood. 3. New Fire Station/Administration Facilities—Proposed in 1995 is the new fire station which includes administration facilities. There are two considerations: a) to locate the administration and new station within the new government center law 1993 -1997 CIP PROGRAM FEBRUARY 2, 1993 • PAGE 4 • enforcement building or 2)to construct a separate facility in the area of Wescott and Lexington Avenue. One of the concepts discussed in the next parap aph addresses a joint police/fire administration building identified as Concept E. In 1996, there is a proposal for land acquisition for a specialty training facility. Proposed for 1997, is construction of a new training facility that would be used for hazardous material spills,propane and gas main fires/explosions and other specialized training needs. The Fire Department is exploring alternatives that include retrofitting the existing fire training facility that Burnsville, Eagan and Apple Valley share in Burnsville for these specia training needs, acquiring a site in Eagan to provide these training needs and, finally, if a site and facility is to be planned for the City of Eagan, a joint funding will be explored with other neighboring communities. Regarding the municipal center/law enforcement expansion the City's Assistant Chief Building Official/General Government Building Coordinator Steve Hanson has prepared _ five (5) concepts that include characteristics, additional space provided, estimated costs and pros and cons for each of the plans. For a copy of those five (5) concept:, refer to pages tS through Z0. The third consideration is the site preparation. Community Development, Parks and Recreation and Engineering have all analyzed aspects of the site preparation and, for their findings and recommendations, refer to the attachment enclosed on pages 1 through aq . It appears the estimated cost of$500,000 will not be adequate and more realistically the total dollar amount for all site improvements is $840,000. The fourth consideration is staff direction to review how the recreational facilities/ice arena project can be integrated into the site development without restricting any future community center project. The staff has analyzed the location of an arena and has concluded that construction of the arena at tine present time will not deter any future additions for future phases of a community center., Also, as directed by the City Council, staff has again carefully reviewed options for constructing an ice arena facility in an effort to hold the cost as low as possible and still meet certain community objectives. For a copy of that analysis, prepared by the Director of Parks and Recreation, refer to pages 30 through 3 S • C � 1993 -1997 CIP PROGRAM FEBRUARY 2, 1993 PAGE 5 • Staff has identified three (3) very significant areas of potential philosophical differences which seem to require consensus before approval of the Part I CIP can be expected. These areas are as follows: I. Use of Community Investment Fund A. Current Situation 1. Set up as trust fund - principal plus 10% of interest earnings would remain intact. 2. 90% of annual interest earnings available to spend on projects of community-wide benefit. 3. Current cash balance is approximately $10 million. 4. 90% interest earnings in today's environment will support — $5.5 million of borrowing over 15 years. If $5.5 million is spent today the total fund is essentially out of business for 15 years unless there is a dramatic increase in interest earnings. 5. Assumes that other financing sources would be required to pay for projects that could not be funded within the $5.5 million. 6. Creates the potential for bond referendums with money in the bank. 7. System probably will not work if the concern that a higher priority project will surface becomes a dominating factor. B. Alternatives 1. Use all available Community Investment Funds to finance currently identified projects on a priority basis. a) Eliminates the short-term need for other financing sources e.g. bond referendums. b) Could increase operational costs faster than they can be absorbed by operations budgets; for projects identified beyond 1994. c) Eliminates long-term trust and .potential benefit from that concept. d) Assumes that the projects identified today have a higher priority than projects that may be identified in the future. goTi 1993 -1997 CIP PROGRAM FEBRUARY 2, 1993 PAGE 6 e) Probably should introduce park development into the Part I funding allocation equation, pending revision of the Master Plan. f) Tends toward spending because the money i> available not because the project is essential. 2. Some combination of A and B. C. Policy Decisions 1. What is the appropriate use of money currently available in the Community Investment Fund? 2. Assuming the City commits the $1,350,000 to the recreational facility project, are any other City contributions as suggested by the Hockey Association to be considered or is the difference a challenge to the community? II. What range of project's should be factored into today's discussions'' A. Are there potential needs beyond those identified for the years 1993 - 1997. 1. Should the uncertainty of potential projects and their importance to the community force the freezing of spending on any project considered non-essential today. 2. Does the effort to identify all potential projects drive spending requests. Have those requests already been compressed to five (5) years. B. What is an acceptable risk between spending today for today's needs and saving for potentially higher priority projects in the future. C. Policy Decision: How much money can be spent versus banked for the future? Is a referendum for any project at any time in the, future a viable option? III. Policy Decision: Should there be more consolidation of Police and Fire facilities through this CIP process. Upon direction on these three (3) issues, staff would suggest the following: 1. An RFP process which would result in the hiring of an architectural firm should be authorized. L 1993 -1997 OP PROGRAM FEBRUARY 2, 1993 ' PAGE 7 • 2. No plans should be adopted by the City Council or management team until the architects have concluded their review. 3. Aesthetics or public needs important to the City Council in regard to specific projects should be delineated. PART II Since the City Council workshop, held in December 1992, the City Administrator has held several work sessions with departments to analyze and rethink the proposed replacement and acquisition of vehicles and equipment during the next five (5) years. The initial proposal sent to the City Council by departments totalled $6,712,450 as an obligation for equipment certificates. In addition, there was $137,000 budgeted as a general fund expenditure and $551,500 estimated for equipment under the public utility user fees. The _ total for vehicles and equipment was $7,400,950. The challenge identified by the City Council and management team is to balance the need for maintaining efficient vehicles and equipment to provide a constant level of services with an acceptable spending program. The primary goal in the staff review process has been to reduce proposed expenditures thereby controlling future obligations which would require tax increases. There is a great deal of anxiety in using this approach since there are obvious costs associated with not buying certain equipment. Through many meetings and the analysis of the proposed spending, two constraints were given consideration in allocating dollars for the 1993 - 1997 CIP Part II. The first provides a maximum $500,000 annual allocation for all general government equipment and the second assumption determines that All equipment will be acquired within the funding allocation for the next five yeat§. Departments can bank a portion of an unused funding allocation each year for a more expensive equipment item, i.e. fire pumper, road grader or the related. The only exception in this funding allocation equation is a City-wide investment such as a radio communications center or opti-corn. No City-wide equipment is included in this proposed CIP for 1993 - 1997. As a further control, capital equipment items will be requested on an annual basis to the City Administrator and then presented to the department bead team for consideration before any review is given by the City Council. This approach provides better internal communications, collaboration by departments and truly integrates a consensus into the planning and expenditure of capital dollars. Despite the funding allocations, the five year CIP is a guideline and dollars budgeted aren't necessarily dollars that can be spent except for 1993. To determine an annual spending allocation for each department, historical data 1:i1 0\ .s. • i 1993 -1997 CIP PROGRAM FEBRUARY 2, 1993 • PAGE 8 for the past three years and capital equipment proposed for the original 1993 - 1997 CIP was used. Departments for the most part have reduced the proposed spending •for equipment acquisition and will be required to comply with the proposed budgetary constraint or funding allocation. The potential consequences to departments in reducing the spending for vehicles and equipment vary. As an example,in the street department the elimination of equipment may require additional operating costs for contractual snow removal, street sweeping and pavement marking. There is also an uncertainty regarding maintenance cost if the life expectancy of equipment is prolonged. There may be need to contract out some of the equipment repair given the current staffing level of two in the central service maintenance division. There were a number of administrative policies considered during the review of vehicles and equipment. The following is a list of discussion points used as the management team conducted their evaluation which the City Council may find interesting: • Create a funding proposal that will eventually phase out the reliance on equipment certificates. • Consider a program of $500,000 per year as a guideline for equipment acquisition. Utilize a consensus approach to equipment acquisition including all departments in the review process. • Introduce departmental presentations to understand internal acceptance prior to any presentation to the City Council and public. • Reactivate the computer committee to analyze data processing equipment needs. • Reward creative thinking for the consolidation or sharing of equipment. • Lease/rental of vehicles for short term use. • Develop equipment acquisition/replacement criteria. • $5,000 will become cap for equipment presented in a five year CIP after 1993. Items under $5,000 will remain in the operating budgets. • Develop criteria which equipment must meet such as a safety test and the cost/benefit to the City for acquisitions. • • 1993 -1997 CIP PROGRAM FEBRUARY 2, 1993 PAGE9 For a recap of issues, there were concerns that older equipment can cause more maintenance placing a burden on service delivery,the potential impact on future operating budgets if equipment is not replaced, a delay in equipment could load up the burden on equipment in the late 1990's and,finally,the need to recognize that new development brings a price of service delivery or a direct cost to the five year CIP. Departments should be congratulated for their effort in revising the five year CUP to a general government spending proposed at$3,132,000 and the public utility at$224,500. The total budget for Part II 1993 - 1997 is proposed at $3,356,500 or a reduction of 55% from the $7,400,950 presented in December. The fire aerial truck proposed in 1997 is the major problem in the funding allocation and it will be necessary to consider future priorities and a funding plan for that specialized piece of equipment. The following table illustrates the level of departmental requests compared to the five (5) year allocation: • COMPARISON OF REQUESTS TO FIVE YEAR ALLOCATION BY DEPARTMENT $quipment Certificates Variance Department Requests Allocation yavorable(Unfavorable) Data Processing $188,800 $175,000 ($ 13,800) Community Development 65,000 65,000 0 Police 504,900 485,000 (19,900) Fire 1,100,000 625,000 (475,000) Engineering 72,300 45,000 (27,300) Streets 654,200 610,000 (44,200) Central Services Maint. 66,800 50,000 (16,800) Parks and Recreation/Tree Conservation 480.000 445.000 (S 35.000) Totals 53.132.000 S2.500.000 (S632.000) As a credit to the departments there were a number of considerations made in this process. Actions such as the Police Department extending mileage to 100,000 miles for cars,the Park Department eliminating equipment such as the skid loader, Community Development reducing the number of vehicles to include only vehicles for first line operations, Engineering exploring the acquisition of used vehicles and the significant reduction in the amount of equipment originally proposed under Data Processing are but a few examples. et 1993 -1997 CIP PROGRAM FEBRUARY 2, 1993 PAGE 10 Enclosed on pages ak through are the revised copies of the Part U vehicle and equipment proposed capital spending for 1993 - 1997. In addition and as a part of the appendix, budget worksheets for Part II are enclosed on pages q' through ha.for City Council review. Policy direction for Part II is: 1. Determine a per year spending level; $500,000 is the recommendation for the General Fund capital. 2. Ratify the administrative process for an annual determination of equipment needs. PART III This portion of the CIP is more subjective,especially the capital projects listed under public infrastructure for the simple reason that projecting how development will occur in the next five (5) years is not an exact science. The capital projects as shown are guidelines and require modification as the City continues to develop. The planning process for the CIP includes an evaluation of all the master plans, proposed development and coordination of CIP's for other units of government, specifically the County's five year CD'. Capital projects, including park land development and acquisition have not been updated since the November 10 meeting when the proposed capital improvements program was last discussed for Part III. Prior to final adoption some adjustments will be necessary in Part M. It should be noted that Part III is a planning guideline and actual spending will be driven by 1) results of the parks system plan update and 2) growth and need for expanded public infrastructure. Enclosed on pages=through q(o is the schedule for. Part Ill capital improvements. The park development snmmrSTy shows an unfavorable revenue requirement to exceed $4,000,000 if the City's objective is to fulfill park land acquisition and development according to the 1984 Park Master Plan within the proposed 5 year CIP time frame. Since City. Council direction in November of 1992 was to update the park master plan, alternatives or policy considerations should focus on 1)a direction to the Parks and Recreation and Natural Resources Commission to revise the five year park development program to meet the $1,375,000 revenue projections or 2) adopt the CIP with the understanding that the park development and acquisition proposed as a part of the Part III will be further evaluated with the park master plan update. 1-D 1993 4997 CIP PROGRAM FEBRUARY 2, 1993 PAGE 11 • SUMMARY In summary, adoption of the five year CIP as a planning tool for capital projects is important to allow scheduled projects and capital acquisition to proceed. Once prioritization and funding levels are determined for Part I, the staff can proceed with the RFP for architectural services, complete necessary project review and proceed ahead with those capital projects as determined. 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H 0 G U ' 0 P 3� to -'-I 0 r 4 'O W 4 a) E A +f 0 �3-1 04 43 0 W 340 U) W N A H a U• ~ d W Ili U 10 U Q o o 13) 4.) a > 14 -rl .4•4 34 H O o Al M g +f W -rI .'XL W 0 C) ri W 3-I W o U W OldsO N A O (6 Ni a c 0 E 0 * -.i GENERAL GOVERNMENT FACILITIES FUNDING SOURCE Total Community Single Project Investment Family Protect Title Cost Undetermined Fund Bond Fund 1993 Land Acqui. Future Fire Station NW Corner of City $ 100,000 $ 100,000 Municipal Ctr Site Prep. < 840,000 $ 315,000 525,000 Law Enforcement/Muncipal Center Expansion 2,500,000 2,500,000 Recreational Facility 1.350.000 500.000 $850.000 Total 1993 $4,790,000 $315,000 $3,625,000 $850,000 1994 Expand Fire Station #3 $150,000 $275,000 Remodel Fire Station #1 125,000 Maintenance Facility Land 200.000 200.000 Total 1994 $475,000 $200,000 $275,000 1995 Fire Station Near Wescott/ Lexington with Administration Facility 8800.000 S800.000 Total 1995 $800,000 $800,000 1996 Land Acquisition for Training Facility 8100.000 8100.000 Total 1996 laoo,000 $100,000 1997 Construct Training Facility 8200.000 8200,000, Total 1997 $200,000 $200,000 GRAND TOTAL 86,365,000 8515,000, 85,000.000, $850,000, Breakdown by Facility Fire $1,475,000 $1,475,000 Municipal Center/Police 3,340,000 $315,000 3,025,000 Recreational Facility 1,350,000 500,000 $850,000 Maintenance Facility 200,000 200.000 TOTAL 86.365.000 8515.000 85.000.000 8850.000 • VEHICLES AND EQUIPMENT SUMMARY BY YEAR BY DEPARTMENT Public Equipment Utility Certificates User Fees 1993 Data Processing $ 34,000 Community Development 13,000 Police 73,700 Fire 52,900 • Engineering 18,000 Streets 22,700 Central Services Maint 29,000 Parks & Rec/Tree Conservation 75,000 Water $ 37,500 Sanitary Sewer 36,000 Storm Drainage 4.500 1993 Totals S 318.300 S 78 . 000 - 1994 Data Processing $ 39,200 Community Development 13,000 Police 111,600 Fire 197,100 Engineering 22,300 Streets 43,500 Central Services Maint 16,300 Parks & Rec/Tree Conservation 70, 000 Water $ 21,750 Sanitary Sewer 24 .750 1994 Totals S 513 . 000 S 46. 500, p95, .X Data Processing $ 39,200 Community Development 13,000 Police 114,400 Fire 18,000 Engineering 18,000 Streets 60,000 Central Services Maint 21,500 Parks & Rec/Tree Conservation 123,000 Water $ 15,000 Sanitary 1995 Totals S 407 . 100, S 15. 000 VEHICLES AND EQUIPMENT (CONT'D) Public Equipment Utility Certificates User Fees • 't 1996 Data Processing . $ 32,200 Community Development 13,000 Police 101,200 Fire 232,000 Engineering 14,000 Streets 285,000 Parks & Rec/Tree Conservation 132,000 Water $ 20,000 Sanitary Sewer 35.000 1996 Totals $ 809 .400, $ 55. 000, 1997 Data Processing $ 44 ,200 Community Development 13,000 : Police 104,000 Fire 600,000 Streets 243,000 Parks & Rec/Tree Conservation 80,000 Sanitary Sewer 30. 000 1997 Totals $1.084 .200 $ 30. 000 GRAND TOTALS 83.132.000 $224.500 OU)+MARY BY DEPARTMENT Data Processing $ 188,800 Community Development _ 65,000 Police -.N 504,900 Fire 1,100,000 Engineering 72,300 Streets 654,200 Central Services Maint 66,800 Parks & Rec/Tree Conservation 480,000 Water $ 94,250 Sanitary Sewer 125,750 Storm Drainage 4 .500 S3 .132 .000 $224 .500, -r MEMO _city of eagan • TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 18, 1993 '. SUBJECT: RECREATION FACILITY/MULTI-PURPOSE ARENA The following information attempts to summarize the concept direction that was given by the City Council at the workshop session on February 9 regarding the proposed recreation facility/multi-use arena. Project The project is to be entitled a recreation facility/multi-use arena and will include an outdoor wading pool. The multi-use arena will include an ice surface approximately 7 months during each year for organized skating to include hockey, Ringettes, broomball, figure skating and other related ice uses. It is expected that Independent School District #196 will rent ice time in this facility for Eagan High School organized activities that require ice. The ice facility will be designed and scheduled to benefit all ages including open community skating for families and non-organized skating purposes. The multi-use arena could be used for indoor soccer leagues in the spring as well as other community events during the summer, such as Boy Scout and Girl Scout jamborees, baseball card shows and related dry floor events. The proposed wading pool would offer families with small children an opportunity to enjoy outdoor water activities and would be considered a phase in a longer development framework for a comprehensive community center. The wading pool could be used for various water safety programs for toddlers and small children and provide an activity that allows families in the community to meet and socialize. Project Cost The method of financing the project is as follows: The City Council will appropriate, through its five year CIP in 1993, $1,400,000 ($1,350,000 towards the multi-use arena and$50,000 towards the outdoor wading ti pool)to be set aside for the project. It is expected that the building will cost a total of $1,850,000 ($1,800,000 for the multi-use arena and $50,000 for the outdoor wading pool. The $50,000 figure for the wading pool is an estimate. Further research will be necessary to determine a more exact figure.) . The City's appropriation will be made from a combination of two capital fund project sources,the Community Investment Fund and the remaining balance of the Single-Family Housing Bond Fund. These funds exist as a direct result of excellence in financial management for debt retirement of a 1980 single-family mortgage bond sale and special assessment bonds that were sold in the 1970's/1980's that have generated a fund balance. These funds have not received any transfers or revenues from property taxes. It is the City Council's intention to limit the financial commitment to these two construction projects to $1,400,000. Additional funding will be required as a community match, either as a cash commitment or a financial pledge backed by a legal agreement with the City of Eagan. Donations in the form of materials, labor . and other resources will be encouraged for the initial project and any enhancements of the multi-use arena once it is completed. An enhancement could mean completion of a permanent bleacher system, team rooms, scoreboard, sound system and other related building use items. A decision will need to be made by the Council if the wading pool construction will exceed $50,000 as to whether contributions towards it will also be required. The many studies that have been completed all indicate that operating costs of the multi-use arena will be offset by user fees, eliminating the need for subsidy with property tax dollars on an ongoing basis. The City Council, preliminarily, has concluded that this park/recreation use will be self-supporting. Next Step Once the CIP is formally adopted, the following steps should be considered: 1) Retain a project estimator 2) Create a special community-based task force to work with the project coordinator and the Director of Parks & Recreation and to begin and conclude a community-based campaign for raising the additional capital necessary for a successful project. That committee should be solicited from the community and could be appointed as early as the March 16 meeting. 3) A public information packet needs to be prepared for presentation to the community, including service organizations, corporations,special use groups and the citizens, so the community completely understands the project and the basis for solicitation of financial support. 4) A sign (similar to the traditional United Way Thermometer) will be erected on site, adjacent to Pilot Knob Road, informing the public of the fundraising progress by the community. • Summary In summary, the City Council has responded to the community in looking at alternatives to provide a multi-use arena facility without requiring an increase in property taxes. To ensure community support, a portion of the project needs to be funded through community donations in order for the City's public funding commitment to be released. The project will forge ahead once the community answers the challenge. vsncial4te% City Administrator TLH/vmd .r Agenda Information Memo March 2, 1993 City Council Meeting DAKOTA COUNTY ECONOMIC DEVELOPMENT PARTNERSHIP MEMBERSHIP C. Resolution, Dakota County Economic Development Partnership, 1993 Membership—At _ its meeting of February 2, 1993, the City Council considered this matter and referred it to the Economic Development Commission for review to det rmine the otential value for membership in this organization. Enclosed on pages/(5 through((a is a copy of the minutes of that meeting relative to that item. Please note that the Commission is recommending approval of the membership for a one year term. It was also suggested at the meeting that this membership would be reevaluated on an annual basis based on the outcome of the EDC Mission Statement activities if alternative uses of funds are identified which would more appropriately serve the needs of the community. Also enclosed on page Pis a copy of the correspondence received from the City of Apple Valley on behalf of the artnership and on pageial through 'Z,kis a copy of a draft resolution adopting the City's membership in the Partnership for 1993. Finally, enclosed on pages through 13i j is a copy of the strategic focus and organizational analysis for the proposed Partnership. This outlines the major goals of the Partnership as well as the process by which it was concluded that a Partnership would present a value to the Dakota County area. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a resolution of membership for the City of Eagan in the Dakota County Economic Development = Partnership for 1993 as presented. 1 ( � MINUTES OF THE ECONOMIC DEVELOPMENT COMMISSION Eagan, Minnesota Page 2 After discussion of various potential meeting times, by consensus the commission decided to hold meetings on the fourth Tuesday of month at 7:00 a.m. As such, the next meeting of the committee will be on Tuesday, March 23, 1993 at 7:00 a.m. 4. Establishment of Standing Committees The Commission currently has two standing committees--the Contact Committee and the Promotions Committee. Chair Johnson polled each commission member for his/her preference for serving on one of the two standing committees. By general consensus, participation on these committees is as follows: Contact Committee: Morgan, Pederson, Green, Hughes, Duholm and Tom Korsman. Promotions Committee: Pederson, Clark Matuszak, Oestreich, Grinde and Johnson • • II. APPROVAL OF MINUTES Hughes moved approval of the January 28, 1993 minutes as written. Second by Grinde. Motion approved unanimously. III. OLD BUSINESS A. Dakota County Economic Development Partnership Hedges gave an overview of the formation of the Dakota County Economic Development Partnership (DCEDP) . Hohenstein continued with a history of the DCEDP, noting that the partnership has developed a budget and funding formula for member participation. The DCEDP is asking for membership participation from the City of Eagan at a rate of approximately $6,000 for one year. DCEDP members would be members of Metro East Development Partnership (MEDP) , as a group. Eagan currently is a member of MEDP, at a rate of $500 per year. Hohenstein stated that the question before the commission is whether membership in the DCEDP is a valid expense. Aberg elaborated on the history of the DCEDP, stating that the impetus to form the DCEDP came from the receipt of a $20,000 grant. This grant was used to hire a consultant to determine the form and function of the DCEDP. Purposes of such a partnership is to establish a network among economic development personnel throughout the County, develop joint promotional materials and programs and to encourage a sharing of resources between communities. Aberg stated that DCEDP is aiming for one third participation from cities, one third participation from Dakota County and one third participation by private sources. He added that Dakota MINUTES OF THE ECONOMIC DEVELOPMENT COMMISSION Eagan, Minnesota Page 3 County has committed to match the funds contributed by the cities up to a cap of approximately $30,000. To date, Apple Valley, Burnsville, Farmington, Lakeville Rosemount and West St. Paul have all joined the partnership. Hastings, Inver Grove Heights, Mendota Heights and South St. Paul are all considering membership. Aberg stated that the DCEDP will be advertising for the director position in March, and hope to have that position filled by June, with the director starting by July 1, 1993. Pederson questioned if DCEDP would be MEDP's largest contributor. Aberg replied that he was not certain, but did not think it would be, considering some of the large corporate members of MEDP like 3M Company. Grinde asked how Eagan would benefit from DCEDP membership. Aberg responded that the intent of DCEDP, through networking, coordinated marketing efforts, and educational seminars, would be to attract or keep businesses in Dakota County. Duholm asked how DCEDP's first year budget would be used. Aberg stated that the budget would go toward operating expenses and program development, with most of the budget in the first year going to operating expenses. Clark Matuszak asked to whom the DCEDP director would report. Aberg responded that a board will be formed from the DCEDP membership, and the director will report to this board. Johnson stated that since networking has been a focus of this commission, the DCEDP could serve this effort well. Morgan asked how the DCEDP would keep the cities from bidding against each other for businesses. Aberg stated that the DCEDP has developed a code of. ethics for members to follow in such situations. Grinde asked what percentage of DCEDP efforts would be reactive versus proactive. Aberg stated that DCEDP would focus primarily on promotion at first. Chair Johnson called for a motion on this item. Pederson • stated that he does not believe that the City Council, in his review of the Council. minutes on this item, requested the commission only to approve or deny a recommendation to join the DCEDP. Rather, he believes that the City Council has directed the commission to determine whether activities are available to the commission as alternatives to the DCEDP. Hughes asked where in the City budget the $6,000 membership MINUTES OF THE ECONOMIC DEVELOPMENT COMMISSION Eagan, Minnesota Page 4 fee would come from. Hedges responded that it is possible that the money could come from surplus TIF funds, although TIF funds have not been tapped for such a use before. If the $6,000 does not come from TIF funds, it would have to come from the general fund. Since all funds in the general fund have been budgeted for other uses, if the membership fee is taken from the general fund, some other budgeted item would be reduced by that amount. Hedges noted that he sits on a group of Dakota County city managers and administrators, and that this group has been working towards collaborative efforts. The DCEDP could aid in these collaborative efforts. Hedges stated that the question the commission should consider is whether, on its own, the commission could spend $6,000 and get the same level of collaborative effort as a $6, 000 contribution to membership in the DCEDP. Hughes asked if the commission needed to make a recommendation at this meeting, or if it could wait until the next meeting. Aberg stated that the DCEDP had hoped for a decision from the City within the next couple of weeks. Green asked if the City has any statistics on how many business leads come directly to the City and how many come indirectly to the City through MEDP, realtors or other sources. Hohenstein said he does not have exact statistics, but estimates that the City receives a couple of leads per week from MEDP. However, these leads often contact the City on their own or through a realtor in addition to through MEDP. Hughes moved to approve a recommendation that the City of Eagan join the Dakota County Economic Development Partnership at the $6, 000 membership rate for one year. Motion seconded by Morgan. Pederson stated that he will abstain from the vote because he believes the action should follow the commission's finalization of its mission statement and action plan effort. Oestreich stated that he thinks it is important to move forward at this time, but the commission should explore other partnerships and the benefits received from these partnerships. Clark Matuszak stated that she supports the motion, but wants it made clear that the membership is for one year, subject to review prior to renewal as opposed to automatic ongoing membership renewal. Hughes stated that he accepts Clark Matuszak's comments as a friendly amendment to this motion. As such, the motion is to approve a recommendation that the City of Eagan join the Dakota county Economic Development partnership at the $6, 000 membership "k MINUTES OF THE ECONOMIC DEVELOPMENT COMMISSION Eagan, Minnesota Page 5 rate for one year, with the understanding that renewal of this membership will be subject to annually review. Motion approved by a vote of 7-0-2. Ayes: Johnson, Oestreich, Clark Matuszak, Duholm, Morgan, Hughes and Grinde. Abstentions: Pederson and Green. B. Economic Development Visioning Hohenstein reviewed the memorandum from Eggers regarding the commission's mission statement, explaining how staff had grouped the ideas brainstormed by the commission into eight categories plus a "widows and orphans" category. Hohenstein stated that these eight categories could be incorporated into a mission statement in one of two ways. One way would be to define economic development, then state that the eight categories are the ways in which the commission would achieve this definition. The other way would be to state that the eight categories will be done in order to achieve economic development as defined. Noting that this is an important, but.time consuming process, the general consensus of the commission was to hold a special meeting for the specific purpose of developing the mission statement and action plan. This special meeting will be held on Thursday, March 4, 1993 from 4:00 to 6:00 p.m. at City Hall. Chair Johnson noted that it may be helpful for each of the commission members to review the categories and split them into "to do" types and "to be" types. Several commission members expressed the need for greater review time of agenda materials. Hedges stated that the City is short of staff at the present time, but could possibly fax special memos on issues that may require longer review times. Hohenstein noted that the schedule for distributing commission agenda packets is identical to all City commissions and the City Council, and that it may be difficult in,,some cases to prepare and distribute agenda packets quicker. IV. NEW BUSINESS There was no new business. V. STAFF REPORTS A. Current and Pending Developments Hohenstein reviewed the February Current and Pending Developments list, noting the projects new to the list. B. Community Forum CITY OF ••• ••:• APPLE VALLEY MEMO ••• TO: Dakota County City and County Managers/Administrators ,, FROM: Thomas M. Melena, Apple Valley City Administrator SUBJECT: COUNTY-WIDE ECONOMIC DEVELOPMENT PARTNERSHIP - DATE: January 15, 1993 In the past we have discussed the concepts for a county-wide Economic Development Partnership. This partnership is now being formed under the name "Dakota County Economic Development Partnership" (DCEDP) . It is time for cities to officially join and fund their share. The purpose of this partnership between local units of government, the private sector, and the County is to professionally promote and market the entire county for job creation and tax-base diversification. The DCEDP will also contract for services with Metro East. A director will be hired who will office in the Dakota County Vo-Tech complex. At our meetings in late 1992, cities that agreed to participate also were asked to assist in the funding. Approximately one-third of the funding must come from cities and townships. The fee schedule for each unit is $1,000 plus 10C per capita based on the current year population estimate by Met Council. The annual fee will be different for each community and can be split into halves with the first payment in the early portion of the year and the remainder after July 15. Some of the communities (including Apple Valley) will fund a portion of this annual economic development promotion fee from their Tax Increment Financing Administration fund. Checks should be made out to: Dakota County Economic Development Partnership, c/o P.I.C. , 33 East Wentworth Avenue, vest St. Paul, Minnesota 55118, Attention: Helen Dahlberg. Attached is a sample resolution of commitment to the Dakota County Economic Development Partnership and a copy of the resolution adopted by Apple Valley. 5 If there are questions, feel free to contact me at 431-8800 or Helen Dahlberg, of the Dakota County Private Industry Council (P.I.C. ) , at 450- 2748. Helen is acting as the interim secretary. :pjg Attachments : 2 Resolutions c: City Community Development Directors RESOLUTION • ON COMMITMENT TO THE DAKOTA COUNTY ECONOMIC DEVELOPMENT PARTNERSHIP WHEREAS,representatives of cities,business,HRA,public utilities,education, the Private Industry Council and Dakota County have worked since 1990 to develop a relationship for the collective enhancement of economic development in the county; and, WHEREAS, these representatives have developed a strategic plan for the implementation of an Economic Development Partnership for the representative members that will enhance overall ability to attract new business, retain and expand existing business and to provide a qualified, trained labor force with enhancements derived from the development of the Partnership; and, • WHEREAS, the City of Eagan has encouraged public-private cooperative promotion and economic development efforts and has supported the efforts of the representatives of the Economic Development Partnership. NOW, THEREFORE, BE IT ALSO RESOLVED, that the City of Eagan n endorses the Dakota County Economic Development Partnership and supports the development of a functioning structure for the Partnership as outlined and authorizes an amount of $1,000 plus $.10 per resident annually to support this project for the time period of 1993. BE IT FURTHER RESOLVED, that the City of Eagan will support the continued efforts of the Economic Development Partnership, subject to annual review, and hereby appoints and the Community Development Director to act as representatives to the partnership. 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 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 , 1993. E.J. VanOverbeke, City Clerk City of Eagan DAKOTA COUNTY ECONOMIC DEVELOPMENT PARTNERSHIP STRATEGIC FOCUS * Entrepreneurial Development * Business Retention and Expansion * Business Attraction * Image Enhancement and • Information Development * Infrastructure Development * Capital":.Formation PRINCIPLES FOR ECONOMIC DEVELOPMENT 1 . The overall goal should focus on shared and sustained economic well-being. 2 . The Dakota County Economic Development Partnership must focus its efforts on the value added sector and the resource base. The value added sector is that part of the economy which competes in outside markets, i.e., manufacturing and tourism. The economic resource base comprises the economy's building blocks i.e., financial, physical, institutional and human resources. 3 . Critical to the effectiveness of DCEDP is the creation of targeted policies and programs, ones aimed at strengthening the specific industries vital to the county's economic performance. 4 . An effective strategic plan will rely upon cooperative relationships among business, labor and government. 5 . The strategic plan will work when a strong implementation process is in place and is agreed to by all parties involved in DCEDP. • SUMMARY OF ORGANIZATION ANALYSIS AND PLAN OF OPERATIONS FOR • DAKOTA COUNTY ECONOMIC DEVELOPMENT PARTNERSHIP L INTRODUCT1ON The study seeks to address three key issues: t ' initial What are the purposes/objectives of the Partnership and what are the init i activities with which it should be engaged; 2) What organizational structure will best facilitate and allow the Partnership to fulfill its purpose and complete the designated activities; 3) If a agreement can be reached on the purposes, activities and organizational framework what approaches or steps may be taken to ensure its implementation. In analyzing these issues we have attempted to consider the previous development success, existing strengths and weaknesses of individual communities and the need to balance the demand for growth with a desire to maintain a high "quality of life" for residents of the county. The methodology employed to complete the research effort entailed: 1) Collection and review of base demographics and development data on Dakota County. 2) Development of a written survey designed to ascertain information on the current threshold of development services offered and perceptions of development needs that are currently unmet. 3) Data collection and interviews with directors of county or regional development organizations within and outside of Minnesota in order to gain knowledge and insights regarding their structures, strategies, successes and shortcomings. 4) Personal interviews with over 40 individuals representing local government, education, private and public development organizations, small business, utilities and large corporations in order to develop an understanding as to the extent of the interest and commitment to establish the Partnership and the activities with which it should be engaged. • L°)41 • II. RESEARCH FINDINGS A. POINTS OF CONSENSUS Participants who completed the survey and/or took part in the interview process were very much aware that Dakota County has been in the midst of a development boom and has tremendous potential for additional growth over the next decade. This knowledge and understanding of the current development opportunities and past success has influenced the participants to have a positive attitude about the status quo and also to be optimistic about the future. It is clear that throughout the county there are many persons with leadership skills and a willingness to invest their time and energy towards efforts that are deemed important to development. This base of leadership shares many perceptions regarding the existing economic development programs and needs. These shared perceptions are summarized as follows: 1. Formalize a Partnership It was universally stated that a single organization (Partnership) should be designated to coordinate and in some cases lead development efforts throughout the county. A formal Partnership should serve as a focal point to facilitate and coordinate development efforts. While there has been much successful development throughout the County the number and complexity of issues resulting from significant growth continues to escalate. These conditions are not temporary and are likely to increase in magnitude as regional, national and global competition intensifies. A development program that does not have the support of all political jurisdictions and the total business community will undoubtedly result in lost opportunities and wasted resour- ces. Therefore, to effectively impact these issues a formal organization should be es- tablished. This organization should represent both the public and private sectors and be served by full time professional staff. 2. Coordination/Information Resource There was overwhelming agreement among the participants that the primary function of the Partnership would be to serve as a coordinating entity and information resource for public and private sector individuals/organizations involved in economic development. There are a variety of ways in which the Partnership could facilitate improved comm- unication and coordination. Developing and promoting awareness of a centralized, countywide data base, informal discussion and exchange of information during regular meetings of the Partnership's board and general membership, designation of sub commit- tees or task forces that would focus on specific issues or areas of concern, participation with other regional or state organizations engaged in the study of specific issues, establishment of a newsletter and/or special mailings/phone calls concerning issues of immediate concern all represent ways to enhance communication and coordination. • 3. Business Retention Existing business and industries represent an excellent opportunity to focus efforts on job creation and enhancement of local tax base. Most of the existing business retention efforts consist of an annual mailing; some of these efforts included personal follow up from a representative of the development organization. The basic message that they seek to convey to the existing business is something along the lines of "we're glad you are here, call us if you need us". Unfortunately, this effort falls far short of what should be the . capabilities of a local or county wide development organization. In order to provide substantive benefits to existing businesses, services must be offered that impact the companies day to day operations. For most employers, the primary areas of concern relate to issues such as labor, business climate and production efficiency. Certainly, the proposed Partnership would have affiliation with resources and organizations that could be utilized to more effectively impact on substantive issues confronting the existing business community. Several ideas that were brought out in the interview process that could form the frame- work for a business retention effort include establishment of a quality council, improving employment training programs to meet the needs of specific businesses and conduct- ing/coordinating research to support efforts for an enhanced business climate. An effective business retention program is an affordable way to promote development by focusing time and energy on firms that have already made an economic and personal commitment to the area. If the Partnership can help the existing companies to become more successful, these firms will in many cases seek to broaden their markets and expand operations. The impact will be increased jobs, enhanced tax base and efficient use of commercial/industrial land. 4. Marketing/Promotion The Partnership should be actively engaged in the marketing and promotion of deve- lopment within the county. One_approach to be considered involves undertaking an analysis of the existing industrial base and implement a targeted marketing scheme designed to attract new industries into the area. This approach should be closely coordinated with local development initiatives of the individual cities. There should be also be a concerted effort to raise awareness and generally promote the attributes of the county to the existing industries as well as companies located outside of the county. While promotion and marketing activities are important to every development organization it should be recognized that specific strategies such as the targeted marketing initiative can be very costly and produce limited returns particularly within the short term. A further drawback to this type of marketing effort is that the primary beneficiaries of such activity are likely to be the more established and urbanized communities. 3 5. Entrepreneurial Development Entrepreneurial development is a program with potential implications and benefits for all communities within the County and may be particularly useful to the rural centers. If an entrepreneurial program is included as part of the Partnership's development strategy attempts should be made not to bias efforts toward high tech, rapid growth enterprises. The Twin Cities already has ten or more venture capital firms which are focused primarily on new businesses that fall within this niche. If property staffed and nurtured an entre- preneurial development program could generate success in helping to create and facilitate - hundreds of new small business ventures (1-3 person operations). A model for this program that the Partnership may wish to consider is currently operating in Australia and New Zealand. Over the past eight years more than 1100 new business and 3500 new jobs have been created through this initiative. B. AREAS OF CONCERN If this entity is to be created, survive and function effectively there are several pitfalls that its organizers and administrators need to be aware of and avoid. Following is a summary of some of these issues: 1. Define the Role and Relationship of the Partnership. • It will be important for the Partnership and its staff to develop a sense of where and when their involvement is wanted. Certain communities will be more receptive to "outside" involvement and assistance than others. The Partnership will have a small staff making it important to develop a good rapport with the existing development personnel and other resources in the local communities. The staff should avoid becoming involved in the negotiation, structure, packaging or implemen- tation of specific development project's within communities since these activities typically demand a substantial amount of time and thus will impede their ability to focus on issues of broader concern. Deal structuring and packaging should be left to the local deve- lopment officials. The Partnership may serve as a resource to provide data and referrals for outside assistance if the local;officials indicate a need for such services. The Partnership must not put itself in a position of supporting one community over another for business attraction efforts. The Partnership may become involved in research or data collection that could be useful in determining the allocation of county, state or federal resources to be designated for certain communities or parts of Dakota County. It is an economic fact that as the state and federal governments shift additional responsibility to local governments that there are not enough funds available to address all the identified needs. The Partnership may serve as a forum or play an even larger role in analyzing and making recommendations regarding the application of limited resources. c • 2. Ensure Private Sector Participation The Partnership should be composed of public and private entities. Many business people have an aversion to government organizations and government programs. tf the business community is well represented among the Partnership board and general membership it may be possible to avoid the stigma often associated with government entities and possibly help the organization to be more action and goal oriented. Signi- ficant representation and participation by local business leaders should be a major asset in the Partnerships' attempts to promote and implement programs that directly impact upon the business community. 3. Networking and Utilization of Existing Resources ft is important that the Partnership function at a high level of expertise and in a profes- sional manner in whatever activities or services they choose to focus upon. While this notion seems to be an obvious one too many organizations make the mistake of trying to be everything to everyone. It is suggested that the Partnership can broaden its impact by working diligently to identify, coordinate and ensure delivery of various services and programs that are currently available to certain communities within Dakota County and throughout other parts of the metropolitan area. One example of these services is the marketing and prospect referral efforts that are being performed by Metro East Develop- ment Corporation. Several communities within Dakota County are presently utilizing Metro East in this context and it is hereby recommended that the Partnership work to coordinate an expansion of these efforts in Dakota County. It may be beneficial to meet with the staff and board of Metro East and exchange ideas and information regarding the specific needs and concerns of Dakota County communities and make suggestions as to how Metro East could improve the focus or delivery of these marketing and prospect referral services. By following this approach it will be possible for the Partnership to provide a wide range of services while operating with a minimum of staff and a modest budget. C. ORGANIZATION MODELS 1. Metro East Development Partnership The Metro East Development Partnership was formed in 1987 with the mission of stimulat- ing the growth and diversification of the economic base and employment opportunities in the Metro East Region. This region is defined to be Washington, Ramsey and Dakota Counties. • MEDP is a private, non profit regional economic development organization representing more than 90 local governments and businesses in the 3 county area. It has an operat- ing budget of approximately $440,000 annually. About 18% of this budget comes from public sector support with the private sector supplying 82% of the operating budget. In April of 1990 MEDP adopted a 3 year strategy. Management of the strategy is conducted by a nine member Executive Committee which meets monthly. The committee 10..q was formed to implement action steps in 5 focus areas. The five focus areas are: Entrepreneurial Growth Business Retention/Expansion New Business Attraction Marketing/Communications Research 2. Anoka County Economic Development Partnership The Anoka County Economic Development Partnership is a Public/Private non profit corporation whose objective is to promote and stimulate business development and expansion in the 21 community Anoka County area. ACEDP was initiated by the Anoka County Board of Commissioners and area corporations in April of 1985. It is directed by an active board representing businesses, educators, banks, service groups and public officials. Its operating plan was developed over a 6 month period with input from a wide variety of disciplines and resource people. ACEDP has a staff complement of 2 people including an Executive Director and an administrative assistant. The organization's budget is approximately $120,000 annually and is provided by the private sector. Communities do not contribute currently to the organization. Interestingly, ACEDP is not actively involved in business recruitment. Rather, the organiza- tion focuses on a philosophy of "growth from within". A multi-community marketing program is however, in the design stage. ACEDP's strategic plan focuses on the following areas: Minnesota Medical Enterprise Park - This project was developed with the objective of making Anoka County a focal point for the growth of a strong medical industry in the State of Minnesota. Today, over 20 companies are located in the park. Anoka Capital Corporation --'ACEDP is in the process of capitalizing a venture capital pool to provide financing for emerging companies. Anoka County Quality Council - ACQC was formed in 1989 to network area quality efforts and to develop quality projects and programs that instill quality concepts in all Anoka County Organizations. 3. Tyler Economic Development Council The Tyler Economic Development Council was formed in November of 1988 to diversify the economic base of Tyler/Smith County Texas and to create new job opportunities. It began operations in June of 1989. R l�� TEDC is organized as a 501 C (3) tax exempt organization. Its budget is funded through tax exempt donations in $25,000 and $2,500 increments with funding commitments for 3 year periods. TEDC is managed by a 22 member Board of Directors. TEDC is working almost exclusively with basic employers who export at least 50% of their products and services outside of Smith County. The strategy used to implement their development program includes: Retention and Expansion of Existing Businesses Targeted Marketing Incentive Programs Ill. CONCLUSIONS AND RECOMMENDATIONS A. ORGANIZATIONAL STRUCTURE 1. Legal Issues The Partnership should incorporate as a private non profit entity and seek designation under either Section 501 C (3) or Section 501 C (4) of the IRS tax code. These desig- nations would establish the Partnership as a private development organization thus helping to distinguish and separate it from a governmental entity. Being classified as a 501 C (3) corporation will provide the organization with a tax exempt status which will enable donors to deduct their financial contributions, preclude the organization from income tax liability and allow it to be the beneficiary of tax exempt funding. If this designation is received, the Partnership will not be able to engage in lobbying activities and will have to document investment of assets/proceeds exclusively for charitable purposes. The Partnership may be able to accomplish similar objectives by receiving designation as a 501C (4) entity. Under this classification, private contributions can not be deducted as charitable gifts, but could be expensed as a business deduction if private benefit may result. In some cases the potential for "expensing" a contribution may be more significant than what is allowed for charitable contributions. This status would not restrict the Partnership from engaging in lobbying activities; however, the Partnership would not be eligible for tax exempt funding. The process involved for applying and receiving this designation is much less cumbersome than the 501 C (3) status. 2. Board Structure and Representation 3. Staffing and Budget B. OPERATIONS/PROGRAMS 1. Information/Coordination Services 2. Business Retention A. Quality Council 3. Marketing/Promotion 4. Entrepreneurial Development L Agenda Information Memo March 2, 1993 City Council Meeting CITY CODE AMENDMENT/OFF-SITE ADVERTISING SIGNS D. Amendment, City Code Chapter 11 Regarding Off-Site Advertising (Billboard Signs)-- This matter has previously been before the City Council on several occasions since August of 1990. Subsequent to that time, two moratoriums have been placed on conditional use permits for billboard signs to permit studies to be completed relative to this matter. Most recently, the City Council received a report from its outside advertising sign task force at a workshop meeting on February 9, 1993. At that time, the City Council directed the City Attorney's office and City staff to prepare an amendment to the existing zoning ordinance to prohibit additional billboard signs. That amendment has been prepared and is in order for consideration by the Council at Tuesday evening's meeting. Related to that direction,however, the City Council has requested the City Attorney's office to review the facts relative to two pending applications, one each for Adams Outdoor Advertising and Young Advertising which had been continued by the Advisory Planning Commission at the time that the most recent moratorium was placed in effect. In that eg d,the Ci Attorney's office has prepared the memorandum which is enclosed on pages ough for your review. As no rights have vested under these applications, the sposition of ese applications under either the existing or proposed ordinances is at the discretion of the City Council. This is more fully discussed in the memorandum itself. Subsequent to the Council's direction at its workshop of February 9, Adams Outdoor Advertising submitted four applications for billboard signs including a resubmittal of the pending application, modified versions of two applications previously denied and an application for a fourth site not previously submitted or reviewed by the City. For additional information with respect to this submittal, please refer to the Adams correspondence and attachments which are found on pages through 14,2for your review. These four applications are in addition to the other pending application from Young Advertising. It is staff's suggestion that the City Council determine which ordinance it wishes to have these applications fall under before consideration of the ordinance amendment itself. The Council's options are to: 1. Consider all pending and new applications under the proposed billboard ordinance. 2. Consider all pending and new applications under the existing ordinance. 3. Consider pending applications under the existing ordinance with new applications subject to the proposed ordinance. It should be noted that these applications are not in order for consideration at this time as report materials for the pending applications need to be forwarded to the City Council if they wish to consider them and the new applications would be subject to Advisory Planning Commission review at its meeting of March 23, 1993. 13�-- Agenda Information Memo March 2, 1993 City Council Meeting ACTION TO BE CONSIDERED ON THIS ITEM: To determine whether pending and/or new conditional use permit applications for outdoor advertising signs will be subject to the existing City Code or proposed amendment to the City Code relative to billboard advertising signs. Upon determination of the appropriate direction relative to the issue outlined above, the proposed amendment to City Code Chapter 11 relative to off-site advertising signs which is enclosed on pages/ through /c3 for your review is in order for consideration. As noted above, at the Ci uncil workshop of February 9, 1993, discussion relative to this item resulted in a direction to staff to prepare the attached City Code amendment. The special City Council minutes of that meeting are available as a part of this packet for your review. At the February 9 workshop, Council also directed staff to prepare background information on business signage in general. That will be prepared and distributed with Additional Information on Monday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an amendment to City Code Chapter 11 regarding off-site advertising (billboard) signs as presented. I/ � $ EXORANDOI To: Jon Rohenstein, Acting Community Development Director From: City Attorney's Office Date: February 25, 1993 Re: Applications of Adams Outdoor Advertising and Young Advertising for Conditional Use Permits to Construct Billboards Our File No. : 206-6656 In February of 1992, Adams Outdoor Advertising applied to the City for a conditional use permit to allow an outdoor advertising sign on Outlot A, Rasmussen Business College campus, located along the west side of 1-35E, south of Yankee Doodle Road. T he Eagan Advisory planning Commission held a public hearing at its regular scheduled meeting on February 25, 1992, to consider a recommendation to the City Council. At the public hearing, a motion was made and approved unanimously to continue the review of the permit application to April 28, 1992, to allow the City Council an opportunity to give overall direction on billboard matters. Also in February of 1992, John J. Young of Young Advertising applied for a conditional use permit to allow an outdoor advertising sign along the west side of Highway 13, north of Diffley Road. This matter was scheduled before the Eagan Advisory Planning Commission for a public hearing on February 25, 1992. Similar to the application of Adams Outdoor Advertising, this matter was continued to April 28, 1992, to allow the City Council to give direction to the billboard issues. At its regular scheduled meeting on March 17, 1992, the City Council approved a motion to place a moratorium on billboards in the City to expire on December 31, 1992. Thereafter, the Council held a joint session, appointed an Advisory Task Force, received the task force recommendations, had a work session on February 9, 1993, and directed the staff to prepare an appropriate ordinance prohibiting off-site advertising signs. ISSUES Following the termination of the moratorium, is the City Council 1 c/o nn onon nn_nc—n nnnn Page 2 Memo to J. Hohenstein February 25, 1993 required to review the request for conditional use permits for outdoor advertising signs through the application of the sign ordinance in existence prior to the March 17, 1992, moratorium or may the City Council apply the ordinance presently being drafted by City staff to reflect the prohibition of such signs? It is our opinion that the City Council has the option to apply the ordinance being drafted to prohibit the type of signs being requested by Adams Outdoor Advertising and John Young or to allow their applications to proceed under the present ordinance. In ; .se - 1- , • _ f _ , 467 N.W.2d 641 (Minn. App. 1991) , the Court of Appeals of the State of Minnesota endorsed the postulate that a landowners right to rely on an initial ordinance is subordinate to the City Council's police power to enact a different zoning regulation. In pose Cliff, the appellant, after consulting with City officials, purchased approximately 10 acres of argriculturally-zoned land in Rosemount to operate a commercial greenhouse and landscape nursery. Thereafter, appellant formerly applied for a building permit and site approval for its commercial operation. Despite the City staff's recommendation for approval, based on the grounds that the project conformed with the existing zoning ordinance, the planning commission denied approval of the permit because it determined the retail sales were inconsistent with the intent of the ordinance. The planning commission recommended that the zoning ordinance be amended to define the terms "greenhouse" and "landscape nursery" so as to prohibit retail sales. Subsequently, the Rosemount City Council amended the ordinance defining "greenhouse landscape nursery" as operations which sell exclusively at wholesale to retailers thereby precluding the appellant's intended use of the property. The landowner then sued the City to compel the City to issue the building permit. The trial court denied the landowner's request for an alternative writ of mandamus. The Court of Appeals upheld the trial court's determination that the landowner had no vested right to construct its project. In the matter of Young and Adams, neither of the applicants has a vested right to construct a billboard, and moreover, unlike Rose Cliff, where the activity was a permitted use under the existing regulations, the outdoor advertising signs are subject to conditional use permits. Thus, the requested activity is subject to pervasive controls and regulations under the police power. 5..") 0In .en soon nn_n a-no ne.enn.e none unI Page 3 Mega to J. Hohenstein February 25, 1993 It is important to note that Rose Cliff involves an action to compel the issuance of a permit and the court made clear that it did not reach any conclusion concerning other remedies, if any, available to the landowner. In essence, due to the type of case that the landowner brought before the trial court, the Court of Appeals avoided having to deal with whether the City of Rosemount's actions had caused financial damage to the landowner or had reached a level of a taking. The City of Eagan has actively engaged in reviewing its ordinances regulating billboards since early 1990. In 1991, for a variety of reasons, the City Council decided to stay with the existing ordinance as a suitable means of regulating outdoor advertising. After five applications were received within a period of a few months for a conditional use permit to construct a billboard, the Council felt it appropriate to revisit their previous decision. As a result, approximately 14 months will have passed since the submittal of the applications of Young and Adams Outdoor Advertising. It is entirely appropriate for the City Council to choose to consider the Young and Adams applications prior to the adoption of the prohibiting ordinance. Due to the extended time frame of the pendency of their applications and the expiration of the moratorium, we do not believe that the Council would be compromising its position, nor do we hesitate to condone their action, should they choose to review these applications under the present ordinance. Thus, we would suggest that the applications be placed upon the next available City Council agenda for consideration. The Council may then proceed to review the applications under the present ordinance, or decide to continue the applications to a time subsequent to the adoption of the ordinance prohibiting outdoor advertising. MGD:kag 7. 13 C 612 432 .3780 02-25-93 03:57PM P11l4 3531 TPA February 16, 1993 tippet, 7 Mr. -1 r. John Hohenstein n . 1 1,) Acting Community Development Director 2 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hohenstein: Please process the attached four conditional use permit applications for advertising signs . For the record, the applications have submitted to the City of Eagan prior to the adoption of a new sign ordinance. In addition, our records indicate that moratorium on Advertising signs expired on December 31•, 1992 . Thus , allowing the processing of new conditional use permits . The application near the Rasmussen College campus has been tabled until now. An updated application is included in the four applications . These applications meet the Eagan sign ordinance in their entirety, and do not require any variances . Please contact me on the planning commission review date. Should you require additional information please contact me. Sincerely, John P. Bodger JPB/ac encl . cc: Thomas Hart - Winthrop & Weinstine ,tattis Outdoor Advertising 1:'q' It:►I .(';Unine1I„n:r. PIi,i. 1�'),1.;i. MN 5:,I;. 1'himr (('Ii1'•%( ' 'ii. I .\`\ 1n1 'I1J(1 IN.'') I 'l`l • PUBLIC NOTICE �- ORDINANCE NO._2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA,AMENDING EAGAN CITY CODE CHAPTER FOUR ENTITLED"CONSTRUCTION, IJCENSMG,tNCWDMG SIGNS,EXCAVATION AND MOBILE NOME PARKS"IT ADDING SEC- TION 4.21•REGARUMG ADVERTISING SIGNS AND DECLARING A MORATORIUM ON CER- TAIN DEVELOPMENT WITHIN THE CITY. • The City Council of Eagan ordains: %Aso 1.T1at Mailer Four of the City Code shell be amended by adding Section 1.21,to read as follows: Section 4.21. A.The purpose of this ordinance is to pro- tect the health,safely,and welfare of the citizens. A.The Council has been concerned about the proper use of advertising signs and the ultimate development of the City,and in particular the land located adjacent to ma- jor thoroughfares. C. Minnesota Statutes, (162.755,Subd. 4, authorizes the City to adopt interim zoning ordinances applicable to all or a part of the City for the purpose of protecting the health, safety,and welfare of its citizens,which or- dinances may regulate,restrict or prohibit any one or development within the City for a period not to exceed one year with a right to extend such interim ordinances for per- iods not to exceed a total of IE months. D.The City Council adopted an interim zon- ing ordinance relating to the proper use of advertising signs and development of the LT- - ty related thereto on September 4,1990,ef- fective until September 1,1991.The interim ordinance was repealed by the City Coun- cil on September 16,1991. E.Since the repeal of the previous interim zoning ordinance relating to advertising signs,the City Council has been presented with new evidence,new issues and new con- cerns regarding land use,size, location, shaping and other related considerations of signage in the City.Accordingly,the City fors scheduled a joint City Council and Plan- ' ning Commission hearing for the purpose of re-considering amendment or adoption of 0 official controls relating to advertising signs and attendant conditions appropriate for conditional use permits. F.It is hereby found and determined that it is in the best interest of the sound, Q aesthetic and efficient development of the )t City,as a whole,that the authority granted by the above Minnesota Statute be used by the City with reference to the City as a whole. t/i a' prohibits Co processing,use . 3'' •o approval or• City e d any locust use f permit or building permit or other permit A(- A I .I in connection with the placement,erection I ' and maintenance of advertising signs,as 1 C y td�ode by until December 4.20,subd. 7711 11992 of such � ItO Bl sooner time as City may determine.The City reserves the right to extend this interim ordnance for such additional periods as may be appropriate,not to exceed a total additional period of 11 months. Salve 2.Eagan City Code Chapter 1 entitl- ed"General Provisions and Definitions Ap- plicable to the Entire City Code including 'Penalty for Viioonlation'"and Section 1.99,en- titled Iddoppted iinatheir entirety eby reference as though repeated verbatim. %Won I. Effective Date.This���l ea shall take Elect upon its adoption tied ieeotdifg to law. Passeed this 20th day of May,1992. CITY OF EAGAN /s/Thomas A.Egan,Mayor • ATTEST: /a/E.J.VenOverbeke,City Clerk Data Ordinance Adopted: May 20,1992 Date Ordinance Published in the Legal Newspaper:May 2s,1992 206 • L:22 OVERVIEW OF ADAMS SIGN APPLICATIONS IN EAGAN, MN June 5. 1990 Eagan City Council approves sign permit application for Naegele Outdoor Advertising on 1-494 between I-35E and Pilot Knob Road. August 1. 1990 Adams Outdoor Advertising applies for a sign permit on I-35E north of Lone Oak Road. August 7. 1990 Eagan City Council places a 12 month moratorium on sign permits and requests review of sign ordinance. Adams application placed on hold for 12 months. September 16. 1991 Eagan City Council retains existing sign ordinance and lifts moratorium. Sign Task Force Committee reports that there are only 6 to 8 sign locations remaining in the City of Eagan. September 30. 1991 Adams Outdoor applies for 4 sign locations. November 7. 1991 Eagan City Council approves one of Adams sign applications which was applied for on August 1, 1990, denies 2, one was withdrawn by applicant. December 5. 1991 • Adams re-applies for withdrawn sign application, near Rasmussen Business College. March 17. 1992 City Council places second moratorium on sign permits, Adams application is placed on hold. June 1992 City Council appoints second Sign Task Force Committee. 56\ Fall /Winter 1992 Sign Task Force votes to keep billboards. Two weeks later votes to ban billboards. Task force was total waste of time, with filibustering by one member, as evident by voting. December 31. 1992 Second moratorium expires, allowing processing of new permit applications. No extension exercised by City. February 19. 1993 Adams applies for four(4)sign permits, conforming with sign ordinance. One of the applications near Rasmussen College was previously tabled. Two of the applications were denied by the City Council on November 7, 1991 because they required variances in sign size. Mayor Egan indicated at that time that Adams could re-apply for the 2 permits in the future. The last application is for a new site which meets the ordinance. SENT BY: 2-26-99 ; 9:55AN ;SEYERSON WILCOX SIEL-► 612 681 4612;# 3/15 SIC. 4.20. PLACEMENT, ERECTION AND MAINTNNANCE OP BIAgs. Subd. 1. purpose, Construction and Definitions. A. Purpose. The purpose of this Section shall be to regulate the placement, erection and maintenance of signs in the City so as to promote the health, safety and general welfare of the residents of the City. B. Construction. All terms and words used in this Section shall be given their common sense meaning considered in context, except as hereinafter specifically defined. C. Definitions. 1. "Sign" - Any surface, facing or object upon which there is printed, painted or artistic matter, design or lighting. - - r -stat4Fet—t-e--a-1-1-0end-i--tione-T--r-egaletrioRe--enel--fees-c-eillAred--4e* • 3. "Business Sign" -- Any sign upon which there is any name, designation or advertising which has its purpose business, professional or commercial advertising and which is related directly to the use of the premises upon which the sign is located. 4. "Non--business Signs" - Any sign such as personal name plata or designation as for residence, churches, schools, hospitals,'., traffic or road signs, which do not contain advertising hnd are directly related to the premises upon which they are located. 5. "Free-Standing Ground Signs" - A business sign erected on free-standing shafts, posts or walls which are solidly affixed to the ground and completely independent of any building or other structure- Any business free-standing ground sign which projects more than seven feet above ground level is considered a pylon sign. VmORU 1 \ Al2 412 37Rn n2-9R—Ql fQ• F7AM Pnn1 +t SENT Er 2-26-93 ; 9:56AN ;SBVERSON WIIIXX 612681461244/15 6. "Pylon Sign" - A business sign erected on free-standing shafts, posts or walls which are solidly affixed to the ground, and which projects more than seven feet above ground level. Pylon signs, when authorized, are considered a conditional use, as defined in the Zoning Chapter, and are subject to all conditions, regulations and fees required for conditional uses. 7. "Sign Area" - The gross ross area exclusive of supportive frame, which contains copy or identifying features such as a Logo, character or identifying figure. The gross area shall be calculated as an enclosed area bounded by no more than twelve (12) straight lines. 8. "Sign Height" - The distance from the lowermost ground point to which the sign is attached, to the highest point on the sign. - : . : _ , _ Subd. 2. Permitted Uses. B. Location of Business Signs. Business signs are permitted on property zoned Business, Industrial, Agricultural, Public Facilities, R & D or PD only in conjunction with an approved Business, Industrial or Agricultural use. C. Location of Business Signs in Residential Areas. Business signs in Residentially zoned areas or areas of PD designation for residential use only under the following cases: 1. "For Sale";. or "For Rent" signs, 4'x4' or smaller, advertising the premises upon which such sign is located. 2. Real Estate "for sale" signs, not over 100 square feet, or a land developer, which are located upon the premises offered for sale. 3. Area identification signs for major apartment complexes. Subd. 3. General Sign Standards. R• 95% IL ' 612 432 3780 02-26-93 09:57AM P004 #33 SENT BY: 2-26-93 ; 9:56AN ;SEYERSON WILCOX SHEL-, 612681461245/15 A. Obstruction of Vision. No signs shall be erected or maintained in such place and manner as obstructs driver vision, or is noxious, annoying or hazardous because of method of lighting, illumination, reflection or location. B. Location to Property Line. No sign shall be located nearer than ten feet from any property or dividing line. C. Location to Street and Railroad Right-of-Nay. No sign shall be located nearer than ten feet from any street, highway or railroad right-of-way, except only residential name signs which are attached to mail boxes, lamp posts, or the like. -Ne• • D. Moving Parts, Lights. No signs are allowed which contain moving sections or intermittent or flashing lights, except for intertmittent display of time and temperature. E. Source of Lighting. No signs are permitted for which the source of light is directly visible to passing pedestrians or vehicle traffic. F. Painted Signs on Buildings. No signs are allowed which are painted directly upon the wall of a building. C. Construction and Erection of Signs. All signs shall be constructed and erected in a good and workmanlike manner of sound and sufficient materials so as to ensure the safety of the public and in accordance with all reasonable standards employed by professional sign makers. amiik , - . . • • • R-95% 2 432 3780 02-26-93 09:57AM P005 #33 V�$1 SENT BY: 2-26-99 ; 9:56AM ;SEVERSON WILCOX SHEL-► 612 681 4612;# 6/15 -- - - - - -- - - - - - Subd. 5. Building Mounted Business signs, Standards. A. Number Permitted. No more than one Business Sign for each major street frontage shall be permitted on a building for each business located within such building. B. Design Similarity. All Business signs mounted on a building shall be similar in design. C. Sign Area. No signs or combination of signs mounted upon a building shall cover in excess of 20% of the gross area of a side. D. sign protection. No sign mounted upon a building is allowed to project more than eighteen inches from the vertical surface of the building. E. Roof signs. No sign mounted upon a building si allowed to project above the highest outside wall or parapet wall. Subd. 6. Free-Standing Business Signs, Standards. A. Free-Standing Ground Signs. Up to one allowed per building. Such signs shall be limited to seven feet total height, with four foot maximum height of sign area. B. Pylon Signs. Up to one allowed per building. When used, a pylon sign is allowed in lieu of a free-standing ground sign. No pylon sign may be located within 300 feet of any other pylon sign, measured on the same side of the street. No pylon signs shall project more than 27 feet above the love level, roadway level, or a specified point between the two levels as determined by the Council. The level used shall be based upon visibility factors from the adjacent roadway(s) . The applicant shall submit diagrams, drawings, pictures and other information requested by the City prior to action by the Council upon the application. No 12 432 3780 - - 7AM P R-95.& 1 02 26 93 09 5 P006 #33 SENT BY 2-26-99 ; 9:57Alld ;SEVERSON W I LCOX SHEL-1 612 681 4612;# 7/15 pylon sign shall exceed 125 square feet in area per side except pylon signs authorized under subparagraph c of this Subdivision. c. Major Complex. When an area identification is required, such as for is shopping center, major apartment complex, or major industrial building, up to one free-standing or pylon sign may be allowed for each major adjacent street. The Council shall determine the maximum size after reviewing the applicable conditions including terrain, safety factors, etc. D. Freeway Locations. An on-premise pylon sign for identification purposes is allowed for a business sign located directly adjacent to a freeway within the City. Any business that acquires a permit to erect a pylon sign for freeway identification may be allowed an additional free-standing ground sign to be located on the side of the property opposite of the freeway. All signs must comply in all other respects with the provisions of this Section. A freeway shall be defined as a principal arterial highway as defined in the Comprehensive Plan. Subd. 7. Exemptions. Notwithstanding any other provision of this Section, the following signs are exempt from the permit or fee provisions of this Section. No exempt sign shall exceed 16 square feet of area except where stated below: A. For sale, lease, or rent signs of real estate when located on the property advertised, and when under 16 square feet in total copy area. B. Church, hospital, or school directional signs, less than six square feet in total copy area. C. One on-property church sign for each church site. D. Signs warning of hazardous conditions. E. Simple information signs, such as "Exit", "Loading Dock", etc. F. Simple name plate signs on or over the entrance to a place of business or used to identify the parking area of a place of business. Not to exceed three square feet in gross area. G. Sings erected by a recognized unit of government having jurisdiction in the City, or a school district within the boundaries of the school district. H. Political signs for a period of up to ten days after an election, provided such signs contain the name and address of the individual responsible for erecting and removing the sign. 'J 1295% 12 432 3780 02-26-93 09:57AM P007 #33 SENT BY: 2-26-93 ; 9:57AM ;SEVERSON WILCOX SHEL 612 681 4612;# 8/15 I. Temporary signs for special civic events or garage or neighborhood sales, for a period not to exceed twenty days. J. Temporary signs for special business sales. There shall be no more than three such signs on any lot, with a combined area of less that 25 square feet. Temporary business signs shall be limited to a period of ten days out of any calendar month. The ten days are counted sequentially from the day of installation of the first temporary sign to the removal of all temporary signs. Subd. 8. Non-Conforming signs. A. The Protective inspections Department shall order the removal of any sign erected or maintained in violation of the law as it existed prior to the date of adoption of this Section. Removal shall be in accordance with Subdivision 10. B. Any non-conforming temporary or portable sign existing at the time of adoption of this Section shall be made to comply with the requirements set forth herein or shall be removed within sixty (60) days after the adoption of this Section. C. Other signs existing at the time of the enactment of this Section and not conforming to its provisions, but which did conform to previous laws shall be regarded as non-conforming signs which may be continued if properly repaired and maintained as provided in this Section and if in conformance with other provisions of the City Code. said removed in accordance with conformance of above, they Subdivision 10. Subd. 9. Sign Permits and Fees. A. Sign Permits. No signs, except those specified in subdivision 7 of this section shall be erected or aintained anywhere in the City without first obtaining a sign pe B. Application, Permit and Fees. A formal application together with accompanying documents prescribed by the City shall be submitted to the City Clerk-Treasurer to obtain a sign permit. Permit fees are as adopted by resolution of the Council and shall accompany the permit application. C. Review of Applications. The Protective Inspections Department shall approve all sign permit applications except that applications for approval of permits for advertising signs, pylon signs and any sign requiring a variance shall be submitted to the Council for final approval. `e R-95% k,612 432 3780 02-26-93 09:57AM P008 #33 SENT BY; 2-26-93 ; 9:58AM ;SEVERSON WILCOX SHEL-+ 612 681 4612;# 9/15 D. Return of the Fees. In the event said application shall be denied, the City Clerk-Treasurer shall return the applicant's permit fee, less a reasonable amount determined by the Council which shall be retained as an administrative cost. Subd. 10. Removal. All signs which have not been removed within the designated time period may after due notice be removed by the city and any expense incurred thereof may be charged to the sign owner or assessed against the property on which they are located. • \14:1( 12.•95% 612 432 3780 02-26-93 AM P 93 09.57 P009 #33 SENT BY: 2-26-93 ; 8:58AN ;SEVERSON WILCOX SHEL-► 612 681 4612;#10/15 ORDINANCE NO. END SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FOUR ENTITLED "CONSTRUCTION LICENSING PERMITS AND REGULATIONS, INCLUDING SIGNS, EXCAVATIONS AND MOBILE HOME PARK" BY AMENDING SECTION 4.20 REGARDING PLACEMENT, ERECTION AND MAINTENANCE OF SIGNS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 4.99. The city Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Four is hereby amended by changing Section 4.20, to read as follows: SEC. 4.20. PLACEMENT, ERECTION AND MAINTENANCE OF SIGNS. Subd. 1. Purpose, Construction and Definitions. A. Purpose. The purpose of this Section shall be to regulate the placement, erection and maintenance of signs in the City so as to promote the health, safety and general welfare of the residents of the city. B. Construction. All terms and words used in this Section shall be given their common sense meaning considered in context, except as hereinafter specifically defined. C. Definitions. i. "Sign" - Any surface, facing or object upon which there is printed, painted or artistic matter, design or lighting. 2. "Business Sign" - Any sign upon which there is any name, designation or advertising which has its purpose business, professional or commercial advertising and which is related directly: to the use of the premises upon which the sign is located. 3. "Non-business Signs" - Any sign such as personal name plate or designation as for residence, churches, schools, hospitals, traffic or road signs, which do not contain advertising and are directly related to the premises upon which they are located. 4. "Free-Standing Ground Signs" - A business sign erected on free-standing shafts, posts or walls which are solidly affixed to the ground and completely independent of R-95% 612 432 3780 02-26-93 09:57AM P010 #33 SENT BY: 2-26-93 ; 9:58AN ;SEVERSON WILCOX SHEL 612 681 4612;#11/15 any building or other structure. Any business free-standing ground sign which projects more than seven feet above ground level is considered a pylon sign. 5. "Pylon Sign" - A business sign erected on free-standing shafts, posts or walls which are solidly • affixed to the ground, and which projects more than seven feet above ground level. Pylon signs, when authorized, are considered a conditional use, as defined in the Zoning Chapter, and are subject to all conditions, regulations and fees required for conditional uses. 6. "Sign Area" - The gross area, exclusive of supportive frame, which contains copy or identifying features such as a Logo, character or identifying figure. The gross area shall be calculated as an enclosed area bounded by no more than twelve (12) straight lines. 7. "Sign Height" - The distance from the lowermost ground point to which the sign is attached, to the highest point on the sign. :Subd. 2. Permitted Uses. A. Location of Business Signs. - Business signs are permitted on property zoned Business, Industrial, Agricultural, Public Facilities, R & D or PD only in conjunction with an approved Business, Industrial or Agricultural use. B. Location of Business Signs in Residential Areas. Business signs in Residentially zoned areas or areas of PD designation for residential use only under the following cases: 1. "For Sale" or "For Rent" signs, 4'x4' or smaller, advertising the premises upon which such sign is located. 2. Real Estate "for sale" signs, not over 100 square feet, or a land developer, which are located upon the premises offered for sale. 3. Area identification signs for major apartment complexes. Subd. 3. General sign Standards. A. Obstruction of Vision. No signs shall be erected or maintained in such place and manner as obstructs driver vision, or is noxious, annoying or hazardous because of method of lighting, illumination, reflection or location. R-95% 12 432 3780 02-26-93 09:57AM P011 #33 SENT BY: 2-26-99 ; 9:59AM ;SEVERSON WILCOX SHEL-+ 612 681 4612;#12/15 B. Location to Property Line. No sign shall be located nearer than ten feet from any property or dividing line. C. Location to Street and Railroad Right-of-Way. No sign shall be located nearer than ten feet from any street, highway or railroad right-of-way, except only residential name signs which - are attached to mail boxes, lamp posts, or the like. D. Moving Parts, Lights. No signs are allowed which contain moving sections or intermittent or flashing lights, except for intermittent display of time and temperature. E. Source of Lighting. No signs are permitted for which the source of light is directly visible to passing pedestrians or vehicle traffic. • F. Painted Signs on Buildings. No signs are allowed which are painted directly upon the wall of a building. G. Construction and Erection of Signs. All signs shall be constructed and erected in a good and workmanlike manner of sound and sufficient materials so as to ensure the safety of the public and in accordance with all reasonable standards employed by professional sign makers. Subd. 4. Off-Premises Sign Prohibited. No permanent or temporary sign which directs attention to a business, commodity, service or entertainment shall be place on property other than the property on which such business, commodity, service or entertainment is conducted, sold or offered. Subd. 5. Building Mounted Business Signs, Standards. A. Number Permitted. No more than one Business Sign for each major street frontage shall be permitted on a building for each business located within Such building. B. Design Similarity. All Business Signs mounted on a building shall be similar in design. C. Sign Area. No signs or combination of signs mounted upon a building shall cover in excess of 20% of the gross area of a side. D. Sign Protection. No sign mounted upon a building is allowed to project more than eighteen inches from the vertical surface of the building. E. Roof Signs. No sign mounted upon a building si allowed to project above the highest outside wall or parapet wall. 1 . ;1) R=95% 612 432 3780 02-26-93 09:57AM P012 #33 SENT BY: 2-26-93 ; 9:59AM ;SEVERSON WILCOX MEL-► 612 681 4612;#13/15 Subd. 6. Free-Standing Business Signs, standards. A. Free-Standing Ground Signs. Up to one allowed per building. Such signs shall be limited to seven feet total height, with four foot maximum height of sign area. B. Pylon Signs. Up to one allowed per building. When used, a pylon sign is allowed in lieu of a free-standing ground sign. No pylon sign may be located within 300 feet of any other pylon sign, measured on the same side of the street. No pylon signs shall project more than 27 feet above the love level, roadway level, or a specified point between the two levels as determined by the Council. The level used shall be based upon visibility factors from the adjacent roadway(s) . The applicant shall submit diagrams, drawings, pictures and other information requested by the city prior to action by the Council upon the application. No pylon sign shall exceed 125 square feet in area per side except pylon signs authorized under Subparagraph C of this Subdivision. C. Major Complex. When an area identification is required, such as for a shopping center, major apartment complex, or major industrial building, up to one free-standing or pylon sign may be allowed for each major adjacent street. The Council shall determine the maximum size after reviewing the applicable conditions including terrain, safety factors, etc. D. Freeway Locations. An on-premise pylon sign for identification purposes is allowed for a business sign located directly adjacent to a freeway within the City. Any business that acquires a permit to erect a pylon sign for freeway identification may be allowed an additional free-standing ground sign to be located on the side of the property opposite of the freeway. All signs must comply in all other respects with the provisions of this Section. A freeway shall be defined as a principal arterial highway as defined in the Comprehensive Plan. Subd. 7. Exemptions. Notwithstanding any other provision of this Section, the following signs are exempt from the permit or fee provisions of this Section. No exempt sign shall exceed 16 square feet of area except where stated below: A. For sale, lease, or rent signs of real estate when located on the property advertised, and when under 16 square feet in total copy area. B. Church, hospital, or school directional signs, less than six square feet in total copy area. C. One on-property church sign for each church site. R-95% 612 432 3780 02-26-93 09:57AM P013 #33 SENT BY: 2-26-93 ;10:OOAM ;SEYERSON WILCOX SMEL-+ 6126814612414/15 D. Signs warning of hazardous conditions. E. simple information signs, such as "Exit", "Loading Dock", etc. F. Simple name plate signs on or over the entrance to a place of business or used to identify the parking area of a place of business. Not to exceed three square feet in gross area. G. Sings erected by a recognized unit of government having jurisdiction in the City, or a school district within the boundaries of the school district. H. Political signs for a period of up to ten days after an election, provided such signs contain the nam e and address of the individual responsible for erecting and removing the sign. I. Temporary signs for special civic events or garage or neighborhood sales, for a period not to exceed twenty days. J. Temporary signs for special business sales. There shall be no more than three such signs on any lot, with a combined area of less that 25 square feet. Temporary business signs shall be limited to a period of ten days out of any calendar month. The ten days are counted sequentially from the day of installation of the first temporary sign to the removal of all temporary signs- Subd. 8. Non-Conforming Signs. A. The protective Inspections Department shall order the removal of any sign erected or maintained in violation of the law. as it existed prior to the date of adoption of this Section. Removal shall be in accordance with Subdivision 10. B. Any non-conforming temporary or portable sign existing at the time of adoption of_this Section shall be made to Comply with the requirements set forth herein or shall be removed within sixty (60) days after the adoption of this Section. C. Other signs existing at the time of the enactment of this Section and not conforming to its provisions, but which did conform to previous laws shall be regarded as non-conforming signs which may be continued if properly repaired and maintained as provided in this Section and if in conformance with other provisions of the City Code. If said signs are no continued with conformance of above, they shall be removed in accordance with Subdivision 10. 11e4F% 612 432 3780 02-26-94 nQ:57AM Pflla tll SWIM 2-26-93 ;10:00AM ;SEVERSON WILCOX SHEL-+ 6126814612415/15 Subd. 9. Sign Permits and Fees. A. sign permits. No signs, except those specified in subdivision 7 of this Section ;hall be erected or maintained anywhere in the City without first obtaining a sign permit. B. Application, Permit and Fees. A formal application together with accompanying documents prescribed by the City shall be submitted to the City Clerk-Treasurer to obtain a sign permit. Permit fees are as adopted by resolution of the Council and shall accompany the permit application. C. Review of Applications. The Protective Inspections Department shall approve all sign permit applications except that applications for approval of permits for advertising signs, pylon signs and any sign requiring a variance shall be submitted to the Council for final approval. D. Return of the Fees. In the event said application shall be denied, the City Clerk-Treasurer shall return the applicant's permit fee, less a reasonable amount determined by the Council which shall be retained as an administrative cost. Subd. 10. Removal. All signs which have not been removed within the designated time period may after due notice be removed by the City and any expense incurred thereof may be charged to the sign owner or assessed against the property on which they are located. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation" and Section 4.99, 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: Date of Advisory Planning commission Hearing: S3 R-95% 612 432 3780 02-26-93 09:57AM P015 #33 Agenda Information Memo March 2, 1993 City Council Meeting REZONING/PRELIMINARY PLAT PONDVIEW TOWNHOMES/GOOD VALUE HOMES A. Rezoning, Pondview Townhomes/Good Value Homes, Inc., of Approximately 11.3 A (Agricultural) Acres to an R-3 (Townhouse) District and a Preliminary Plat Consisting of 27 Units Located Along the North Side of Englert Road, West of Pilot Knob Road in the SE 1/4 of Sec 16--At its meeting of February 23, 1993, the Advisory Planning Commission considered applications for a rezoning and preliminary plat for Good Value Homes for the Pondview Townhome subdivision. For additional information with respect to this item, please ref to the Community Development Department staff report which is enclosed on pages 15 through t 7Qfor your review. Please note a correction in the application summary. The current preliminary plat consists of 27 units. A proposed second phase which wo ld require a separate plat at some future date. Also enclosed on pages through (' are the January 26 and January 23, 1993 Advisory Planning Commission minutes relative to this item. The commission had continued this item in January for the reasons outlined in the minutes. The commission is recommending approval. Please note that the commission has added a fifteenth condition relative to the percentage of brick exterior on the buildings in addition to those conditions outlined in the staff report. It should also be noted that condition 12 requires a petition to vacate a portion of City right- of-way to permit construction of three units adjacent to the proposed cul-de-sac. This condition requires the petition to be submitted prior to preliminary plat approval. As the applicant has yet to submit this petition, and it is the City Attorney's opinion that the plat should not be granted contingent on the vacation, it may be necessary to eliminate these three units from the plat until such time as the condition is satisfied. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny: 1) a rezoning for the Pondview Townhomes/Good Value Homes,Inc.,of approximately 11.3 A(Agricultural) acres to an R-3 (Townhouse) district and 2) a preliminary plat consisting of 24 or 27 units located along the north side of Englert Road, west of Pilot Knob Road as presented. ) 4-{ SUBJECT: REZONING & PRELIMINARY PLAT (POND VIEW TOWNHOMES) APPLICANT: GOOD VALUE HOMES LOCATION: SE 1/4 OF SECTION 16 EXISTING ZONING: AGRICULTURAL (AG) DATE OF PUBLIC HEARING: FEBRUARY 23, 1993 DATE OF REPORT: FEBRUARY 17, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting P PP a Rezoning from Agricultural to R-3 (Townhome) and a Preliminary Plat consisting of 34 units on approximately 11.3 acres for P.I.D. #10-01600-012-78 located north of Englert Road, west of Pilot Knob Road, east of I-35E and south of Agricultural property adjacent to the Duckwood Crossing Addition. EXISTING CONDITIONS: The property is zoned Agricultural and is designated D-II Mixed Residential (0-6 units/acre). A large ponding area subject to the City's Shoreland Ordinance comprises 6.4 acres of the site which is relatively flat and contains some secondary tree growth and prairie grass. The west edge of the site is adjacent to MnDOT right-of-way that lies east of the freeway fence. COMMENTS: The applicant is proposing a two-phase development of 34 owner-occupied townhouse units among seven individual buildings (one seven-unit, one six-unit,two five-unit, two four-unit, and one three-unit building). Phase I calls for 27 units on 10.9 acres resulting in a net density of 5.25 units/acre which is consistent with the Land Use Guide Plan. The proposed Phase II (.4 acre Outlot A) consists of one 7-unit building. Development of this phase is contingent upon MnDOT turning back I-35E right-of-way to the property owner. The one-acre piece of right-of-way adjacent to the subject property east of the freeway fence is necessary to provide access and allow for a proper building setback for Phase II (Outlot A). The applicant has initiated these proceedings with MnDOT to designate all right-of-way east of the freeway fence as excess right-of-way. This can be a rather lengthy process due to federal government involvement with interstate freeways. As proposed, all units meet the R-3 building and parking setback requirements. The thirteen units adjacent to the pond meet the City's Shoreland Ordinance required 50' building setback from the Ordinary High Water Mark. According to Good Value Homes, the market for these two and three-bedroom townhomes will be young, professional singles, couples, and empty nesters. The two-story units will be approximately 1,100 sq. ft. and all exterior materials will be maintenance-free as required by City Code. In addition to general interior options, fireplace, porch and patio options are also available. A conceptual landscape plan was submitted. Additional landscaping will be required along the freeway and underground irrigation will be required for all landscaped and sodded areas. PARKS &RECREATION: The vegetative character of the site is primarily small,secondary growth covering a majority of the parcel. Most of this plant material is insignificant and will be lost with development. Larger box elders and elms line the western pond edge. These trees are proposed to be preserved with development. Staff feels that these tree masses are important in that they provide a naturalized setting for the pond. Tree removal adjacent to the pond edge, similar to that by Pilot Knob Road would have a negative visual consequence. Staff recommends that the developer provide a tree protection plan indicating temporary fencing adjacent to these shoreland trees during construction. The plat is subject to both a cash parks and trails dedication. • (12 • GRADING/DRAINAGE&EROSION CONTROL: The preliminary grading plan proposes to grade approximately 4 acres of this site to prepare the area for townhouses and private streets. The maximum cut is 12 feet in the southeast Po rtion of this site and the maximum fill is 6 feet in the northwest corner of this site. The development shall maintain a 30 foot vegetative buffer strip along the edge of Pond JP-3. The 30 foot buffer strip contains a dense grass cover and light woods that will control erosion of sediments into Pond JP-3. There is a 10 foot berm along the west edge of this development that was constructed by MnDOT with the Interstate 35-E J ro'ect The preliminary grading plan shows that the . P proposed townhouses will have a first floor elevation of 6 feet to 12 feet below the top of the berm. Drainage from this site will be conveyed via the proposed storm sewer system to Pond JP-3 which is located in the east half of this plat. Pond JP-3 is a pond in the City's Comprehensive Storm Water Management Plan,and it has an existing 12"outlet across Pilot • P g � 8 Knob Road that discharges into Fish Lake. The lowest entry levels of the proposed townhouses shall maintain a 3 foot freeboard above the high water level of Pond JP-3. The proposed storm sewer system that will serve this site shall include catch basins to drain P P sY the upgrading of Englert Road. Also, a storm sewer stub shall be added to drain the low area in the undeveloped property south of Englert Road to Pond JP-3. • : The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. WATER QUALITY & WETLANDS: This proposed development is located in Drainage Basin J. Runoff from the development will discharge to JP-3, a 10-acre wetland classified as a Type 6 sediment basin in the City's Water Quality Management Plan. Pond JP-3 is directly connected with Fish Lake,one of the City's top water quality management priorities. Staff will recommend construction of two sumps off the flared end of each stormwater pipe discharging to Pond JP-3 from the development. Accommodation of additional on-site ponding would be difficult, and there are other more cost effective ways of protecting water quality in Fish Lake. Thus, the remainder of the water quality requirements will be met b q �' � q tY q by a cash dedication based on the actual 6.1 acres of the development site. The developer also proposes to fill up to 230 square feet of fringe wetland associated with Pond JP-3. Assuming avoidance and sequencing activities are adequate, on-site and in-kind replacement will be provided near the northern boundary of the development area at a ratio of 1:1 as required under the interim program guidelines of the 1991 Wetland Conservation Act. UTILITIES: Sanitary sewer of sufficient size, capacity and depth is readily available to serve this site from an existing 15" sanitary sewer line that was constructed by the City in the early 1970's in Englert Road. The preliminary utility plan shows connecting to the 15" sanitary sewer and extending 8"lateral lines along the private streets and 4" service lines up to each individual unit in this townhouse development. The upgrading of Englert Road shall 6 c include the extension of sanitary sewer services to existing houses along Englert Road and adding sanitary sewer stubs to serve the future development of the vacant property along Englert Road. Water main of sufficient size, pressure and capacity is available to serve this site from an existing 8" stub at the intersection of Pilot Knob Road and Englert Road. The preliminary water main layout plan shows connecting to the 8" stub and extending an 8"water main in Englert Road and then 6" water main through the site along the private streets. This - development shall include the 300 foot section of 6"water main along the west edge of the plat that will provide a loop from the Englert Road water main to the proposed 6" water main in the private street. The preliminary utility plan proposes to provide individual 1" water services to each unit of the townhouse development. Water services shall-also be added to the existing houses along Englert Road and also to serve the future development of the undeveloped property along Englert Road. This development will be required to stub an 8" sanitary sewer and a 6" water main to the north property line for service to the future development to the north. The sanitary sewer stub elevation at the north property line shall be 845 to serve the future development to the north. STREETS/ACCESS/CIRCULATION: Access to this development will be from Englert Road which is currently a gravel street that connects to Pilot Knob Road. The developer has petitioned the City to upgrade Englert Road in conjunction with this development. The upgrading of Englert Road to City standards shall include a 32 foot wide street with concrete curb and gutter and bituminous surfacing. Except for Englert Road, the proposed streets within this development are proposed to be privately owned and maintained. The private street system shall be constructed to City Code requirements. All private street construction shall have a crowned centerline providing for directional drainage into the gutter line and subsequently into a storm sewer system. At intersections, the street grade shall not exceed 3% for the first 100 feet approaching said intersection. As shown on the preliminary site plan, the private street along the west edge of the development will not be constructed until the excess right-of-way from MnDOT is vacated. This section of privte street would serve the future 7 units of Outlot A. RIGHT-OF-WAY/EASEMENTS/PERMITS: This development will be responsible for dedicating 30 feet of half right-of-way for Englert Road along its south property line. In addition, this development will be responsible for obtaining necessary easements and right- of-way outside of this development to allow the construction of Englert Road to occur. The final plat for this development will not dedicate right-of-way for the internal streets since the streets will be privately owned. The final plat shall dedicate easements of sufficient width based on the depth of the utilities for the lateral lines that will serve this development. The final plat shall also include a ponding easement over Pond JP-3 up to three feet above its high water level. l The developer has applied to MnDOT to vacate excess right-of-way along the west property line of this site. The excess right-of-way is 50 feet wide north of Englert Road for a distance of 300 feet and then 90 feet wide for a distance of approximately 230 feet up to the north property line of this site. • The area around the cul-de-sac of Englert Road is City owned right-of-way. The developer shall petition the City to vacate the excess right-of-way around the cul-de-sac to allow for the platting of Lots 25, 26, and 27. The development will be responsible for ensuring that all regulatory agency permits(MPCA, MnDept of Health, MWCC, Dakota County Highway Department, MnDOT, etc.) are obtained prior to final plat approval. FINANCIAL OBLIGATION - Pondview Townhomes 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 - Water Trunk M.F. $775/Lot 34 lots $26,350 Lateral Benefit M.F. 17.80/ff 559.25 ff 9,794 Sanitary Sewer Trunk Storm Sewer M.F. .018/S.F. 213.444 S.F. 3.842 Total galm There are outstanding levied assessments totaling $3,347 which will be apportioned to the lots created by this addition. There are no pending assessments on the property. 7 �G 1 PRELIMINARY PLAT CONDITIONS FOR POND VIEW ADDITION 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, B2, B3, B4, Cl, C2, C3, C4, C5, DI, El, Fl, G1, & H1 2. All exterior building materials shall be maintenance-free. 3. All landscaped and sodded areas shall be served by underground irrigation. 4. All trash/recycling containers shall be stored in individual garages. 5. A copy of the Homeowners Association and Townhouse Bylaws shall be submitted for review by the City Attorney. 6. Temporary fencing shall be provided to protect shoreland trees during construction prior to issuance of a grading permit. 7. The development shall maintain a 30 foot vegetative buffer strip along the edge of Pond JP-3. 8. The lowest entry level of the proposed townhouses shall maintain a 3 foot freeboard above the HWL of Pond JP-3. 9. The public hearing for the upgrading of Englert Road to a City street with bituminous surfacing and concrete curb and gutter and the extension of utilities shall be approved by Council prior to final plat approval. 10. The development is required to provide adequate storm sewer to drain the existing low area in the undeveloped property south of Englert Road.. 11. The development is required to provide sanitary sewer and water main service to the northerly adjacent undeveloped property. 12. The developer shall petition the City to vacate the excess right-of-way around the cul-de-sac of Englert Road prior to preliminary plat approval to allow for the platting of Lots 25, 26 and 27. 13. The development shall include the 300 foot section of 6" water main along the west edge of the plat that will provide a looping system. 14. Outlot A shall be incorporated into the overall open space with final plat approval. /6,� STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way . 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage,ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by. the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. ` 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision,zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25. 1987 September 15. 1987 Revised: July 10. 1990 Revised: February 2. 1993 LTS#5 STANDARD.CON C.eZ . . •..,•-. --- , it `1_ • e Lail i NW ,,44,,,, ;,.NE j : 47 I i - c*Ij'• - ' 2,.. 1.131 •• .„i . - ,..... , I slit. 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II -':::!-:'.e.--r..■;.', 24,,r.'i -;;;',.• .1:-.17_.-.. . er -- . ....■ -:-.7-r.,......- . tjeti.::44.4, ,;L:fb,.::::::•.i::•,..:...-..-:;_•:-.:. •,... • . al A . -•••_f:€,• .• ,,,„. .. ...•••,..,• • • f-N . . ,...„ .• • • ik 1 ':- •• 3E3* '.. ------ • it ) • __ ,. A 4 iri • _.„... . . • . . . • - ,...,..,.: ••• . •:-.. .. - .. ,...,- "II I \, ----1. Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES • JANUARY 26, 1993 PONDVIEW TOWNEOMES - GOOD VALUE HOMES INC. Chairman Voracek opened the next public hearing of the evening regarding a Rezoning of approximately 12.5 A (Agricultural) acres to an R-3 (Townhouse) district and a Preliminary Plat consisting of 27 units located along the north side of Englert Road, west of Pilot Knob Road, in the SE 1/4 of Section 16. City Planner Sturm stated that a large pond, which is subject to the City's Shoreland Ordinance, occupies 6.4 acres of this site. He mentioned that the applicant is proposing a two phase development. Phase II is contingent upon MnDOT turning back I-35E right-of-way back to the property owner. This right-of-way is necessary to provide access and allow for a proper building setback for Phase II. Currently this area is considered open space. Mr. Sturm stated that all 27 units in Phase I meet all R3 Code requirements. He mentioned that the major issue with this application is the upgrade of Englert Road. City Planner Sturm requested that a change be made to condition #6 stating that the temporary fencing provided to protect shoreland trees shall be provided during construction prior to issuance of a grading permit. Also, condition #12 shall be amended stating that the developer shall petition the City for a vacation of excess right-of-way prior to preliminary plat approval. He further requested that condition #14 be added to state that Outlot A shall be incorporated into the overall open space with final plat approval. John Peterson, a representative of Good Value Homes, showed the Commission members a picture of the proposed townhomes. He estimated that the price of these townhomes would be in the range of $85,000 - $110, 000 and that this development would attract young professionals. Mr. Peterson commented that he agrees will all of the conditions in the staff report except for condition #12. He stated that it would be logical that if the Commission and Council agreed with this proposal the preliminary plat should be approved subject to various conditions. Hank Bruestle stated that his mother owns approximately four acres of land directly south of the proposed site. He mentioned that his mother was ill and he was representing her. His major concern was that if Englert Road was upgraded, the assessments could force his mother to sell her property. According to his calculations it would cost his mother approximately $45, 000 in assessments. • Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES JANUARY 26, 1993 Chairman Voracek replied that the Advisory Planning Commission does not deal with assessment issues and informed him to attend the City Council meeting. Tom Wilson stated that he lives on the cul-de-sac next to the proposed site. He questioned if the units in Phase I and Phase II would take access from Englert Road. Chairman Voracek replied that the Phase I units would take access from Englert Road, however, Phase II is not proposed with this application. He stated that the applicant does not own the land in Phase II and that issue must be resolved before an application can be made to the City for a preliminary plat. Mr. Wilson asked if a berm or additional landscaping could be erected to ensure his and his neighbors privacy from car lights, etc. City Planner Sturm replied that there is no room for additional landscaping. Mr. Wilson also asked if a right turn only lane could be constructed off of Englert Road to which Chairman Voracek replied that the County would have to deal with that issue. Mr. Peterson mentioned that the applicant has already petitioned for the upgrade of Englert Road. He further stated that in regards to Mr. Wilson's concern, Phase II access is proposed to end in a cul-de-sac which would give Mr. Wilson his privacy from car lights, etc. Member Gorman stated that he thought the density was too high for such a small area. Member Merkley also believed that this proposal had too high a density for this particular piece of land and mentioned the lack of green space. Member Hoeft stated that the mitigating factor is that this proposed site is on a dead-end street and is isolated. He believed that the density was satisfactory. Member Miller agreed that the density was on the high end, however, he agrees with Member Hoeft and mentioned that the application does meet Code requirements. Member Griggs stated that the traffic on Pilot Knob Road and Englert Road is heavy and keeping the density low on this site could possibly prevent a future traffic problem. He suggested single-family housing on this site. • Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES JANUARY 26, 1993 Member Merkley questioned when Pilot Knob Road and Englert Road was scheduled for signalization. Assistant City Engineer Foertsch replied that it was in the 5-year CIP and that it is scheduled for the year 1995. Member Merkley stated that he did not object to townhomes on this site as he felt that they were appropriate for this piece of land. However, he felt that eliminating units 25-27 would greatly enhance this proposal. Member Griggs mentioned that in a similar application a few months ago, the Commission required a developer to lower his density to around 4 units/acre and also required the exterior to be constructed of at least 60% brick. Member Miller agreed with Member Merkley in that he would like to see a few units eliminated from the proposal and encouraged the developer to do so. Mr. Peterson mentioned that this was a difficult parcel to part of Englert Road has yet to be develop because a significant pa g Y P developed. He also stated that City Code does not mention anything about the exterior being constructed of 60% brick. He stated that if the City is looking for lower densities and exteriors constructed of 60% brick, they should have those requirements in the City Code. Mr. Peterson stated that the applicant is not requesting any variances, they simply followed the requirements in the City Code. Chairman Voracek stated that, in concept, he has no problems with townhomes developed on this site. He was concerned that in the future an application would come before the Commission looking to build more townhomes on the south side of Englert Road because there was already townhomes developed on the. ,north side of Englert Road. Mr. Peterson stated that is was impossible to eliminate any units to lower the density. He mentioned that the purchase agreement expires on Friday, January 29, 1993. He did not want to see a continuance, instead he wanted to see a vote taken on the merits of the application. Member Miller mentioned that the Commission could still continue the matter without the consent of the applicant. Gorman moved, Merkley seconded, the motion to continue to the February 23, 1993 , Advisory Planning Commission meeting a Rezoning of approximately 12 . 5 A (Agricultural) acres to an R-3 (Townhouse) \ fl'5 Page 8/EAGAN ADVISORY PLANNING COMMISSION MINUTES JANUARY 26, 1993 district and a Preliminary Plat consisting of 27 units located along the north side of Englert Road, west of Pilot Knob Road, in the SE 1/4 of Section 16, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, B2, B3, B4, Cl, C2, C3, C4, C5, D1, El, Fl, G1 and H1 2. All exterior building materials shall be maintenance-free. 3. All landscaped and sodded areas shall be served by underground irrigation. 4 . All trash/recycling containers shall be stored in individual garages. 5. A copy of the Homeowners Association and Townhouse Bylaws shall be submitted for review by the City Attorney. 6. Temporary fencing shall be provided to protect shoreland trees during construction prior to issuance of a grading permit. 7. The development shall maintain a 30 foot vegetative buffer strip along the edge of Pond JP-3. 8. The lowest entry level of the proposed townhouses shall maintain a 3 foot freeboard above the HWL of Pond JP-3 . 9. The public hearing for the upgrading of Englert Road to a City street with bituminous surfacing and concrete curb and gutter and the extension of utilities shall be approved by Council prior to final plat approval. 10. The development is required to provide adequate storm sewer to drain the existing low area in the undeveloped property south of Englert Road. 11. The development is required to provide sanitary sewer and water main service to the northerly adjacent undeveloped property. r14 Page 9/EAGAN ADVISORY PLANNING COMMISSION MINUTES JANUARY 26, 1993 12. The developer shall petition the City to vacate the excess right-of-way around the cul-de-sac of Englert Road prior to preliminary plat approval to allow for the platting of Lots 25, 26 and 27. 13. The development shall include the 300 foot section of 6" water main along the west edge of the plat that will provide a looping system. 14. Outlot A shall be incorporated into the overall open space with final plat approval. All present voted in favor, except Hoeft and Voracek who opposed. Continued by a 5-2 vote. Reasons for continuance: 1. Density. 2 . Health and safety hazard with increased traffic on Pilot Knob Road and Englert Road. 3. Not compatible with existing single-family homes to the south. EAGAN ADVISORY PLANNING COMMISSION MINUTES FEBRUARY 23, 1993 PONDVIEW TOWNEOMIS - GOOD VALUE NOUS, INC. Chairman Voracek opened the first public hearing of the evening regarding a Rezoning of approximately 11.3 A (Agricultural) acres to an R-3 (Townhouse) district and a Preliminary Plat consisting of 27 units located along the north side of Englert Road, west of Pilot Knob Road, in the SE 1/4 ofAection 16. N. City Planner Sturm stated that this matter was beard before the Advisory Planning Commission at its January 26, 1993, meeting. At that time this application was continued to allow tine for the applicant to address the concerns of the Commission which were: 1) density, 2) traffic congestion, and 3) incompatibility with the single family homes to the south of Englert Road. John Peterson, Vice President for Good Values Hoses, stated that they put much time and effort into this proposal since the last meeting. After consideration they have concluded that they can not lower the density any further. He stated that it would not be Page 2/BAGAN ADVISORY PLANNING COMMISSION MINUTES FEBRUARY 23, 1993 financially feasible to eliminate even one more unit. Further, Mr. Peterson felt that the site lines were adequate at the intersection of Englert Road and Pilot Knob Road and he did not foresee a major traffic problem with the addition of this development. Member Griggs stated that since the last meeting none of the concerns raised by the Commission have been addressed by the applicant. He was still concerned over the density and the safety of motorists at the intersection of Englert Road and Pilot Knob Road. Re further stated that this development is not compatible with the existing single family homes to the south and to the commercial area to the north. Member Heyl stated that the density is high, however, she felt that this development is compatible with the existing area. She stated that it would be a buffer for the single family homes from the commercial area to the north. She further mentioned that the intersection will more than likely be congested,. but that was the situation all along Pilot Knob Road. Member Hoeft agreed with Member Heyl and stated that he leaned towards approval of this application. He mentioned that the density proposed does meet City requirements. Member Gorman stated that he still opposes this application and agrees with Member Griggs' comments. He stated that he would like to see more green space and less impact on the intersection. Hoeft moved, Heyl seconded, the motion to approve a Rezoning of approximately 11.3 A (Agricultural) acres to an R-3 (Townhouse) district located along the north side of Englert Road, west of Pilot Knob Road, in the SE i/4 of Section 16. Hoeft, Heyl and Voracek-voted in favor; Griggs and Gorman opposed. Approved 3-2. • Member Griggs stated that be would like a condition added which requires the exterior surface of the units to be constructed with a minimum of 60% brick and that the remainder of the unit should be maintenance free. He felt that as the density rises in a particular development, the more the need for a maintenance free building. Hoeft moved, Heyl seconded, the motion to approve a Preliminary Plat consisting of 27 units located along the north side of Englert Road, west of Pilot Knob Road, in the SE 1/4 of Section 16, subject to the following conditions: • Page 3/EAGAN ADVISORY PLANNING COLQISSION MINUTES FEBRUARY 23, 1993 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: A1, 81, 82, 83, 84, Cl, C2, 03, C4, C5, Di, 81, F1, G1 and Bi 2. All exterior building materials shall be maintenance-free. 3. All landscaped and sodded areas shall be served by underground irrigation. 4. All trash/recycling containers shall be stored in individual garages. 5. A copy of the Homeowners Association and Townhouse Bylaws shall be submitted for review by the City Attorney. 6. Temporary fencing shall be provided to protect shoreland trees during construction prior to issuance of a grading permit. 7. The development shall maintain a 30 foot vegetative buffer strip along the edge of Pond JP-3. 8. The lowest entry level of the proposed townhouses shall maintain a 3 foot freeboard above the HWL of Pond JP-3. 9. The public hearing for the upgrading of Englert Road to a City street with bituminous surfacing and concrete curb and gutter and the extension of utilities shall be approved by Council prior to final plat approval. 10. The development is required to provide adequate storm sewer to drain the existing low area in the undeveloped property south of Englert Road 11. The development is required to provide sanitary sewer and water main service to the northerly adjacent undeveloped property. 12. The developer shall petition the City to vacate the excess right-of-way around the cul-de-sac of Englert Road prior to preliminary plat approval to allow for the platting of Lots 25, 26 and 27. Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES FEBRUARY 23, 1993 13. The development shall include the 300 foot section of 6" water main along the west edge of the plat that will provide a looping system. 14. Outlot A shall be incorporated into the overall open space with final plat approval. 15. The exterior surface of the units shall be constructed with a minimum of 60% brick and the remainder of the building shall be maintenance free. Hoeft, Hey]. and Voracek voted in favor; Griggs and Gorman opposed. Approved 3-2. Agenda Information Memo March 2, 1993 City Council Meeting SHORELAND ORDINANCE AMENDMENT B. Shoreland Ordinance, City of Eagan, Ordinance Amendment to Chapter 11 of the City Code Pertaining to Shoreland Zoning Regulations—The Shoreland Zoning Ordinance is in the final stages of review. Subsequent to the City Attorney's review,however,it has become necessary to return the enclosed ordinance to the Department of Natural Resources for a final review prior to consideration by the City Council. It is hoped that this review can be completed within two weeks, but given the uncertainty, staff recommends that the item be continued indefinitely with an expectation that it will return to the City Council for consideration no later than April 6, 1993. ACTION TO BE CONSIDERED ON THIS ITEM: To continue indefinitely an ordinance amendment to Chapter 11 of the Eagan City Code pertaining to shoreland zoning regulations. police department ktt PATRICK J.GEAGAN Chief of Police KENNETH D.ASZMANN city of eagan Deputy Chief 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN,MINNESOTA 55122-1897 PHONE:(612)681-4700 Mayor TDD:(612)454-8535 PATRICIA AWADA FAX:(612)681-4738 SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER February 19, 1993 Council Members THOMAS HEDGES TO: TOM HEDGES, CITY ADMINISTRATOR City Admininstrator HOLLY DUFFY, ASSISTANT TO THE CITY ADMINISTRATOR EUGENE VAN OVERBEKE FROM: PAT GEAGAN, CHIEF OF POLICE City Clerk SUBJECT: PERSONNEL ITEMS As a result of City Council approval of the Eagan Police Department's reorganization plan, the following people are recommended for the listed positions: Administrative Captain and Operations Captain: I am recommending that Lieutenant Richard Swanson be promoted to the position of Administrative Captain. Lieutenant Swanson has, in the past, and is currently doing all the duties required of that position. Following the testing process conducted by Personnel Decisions, Inc. of the Eagan Police Department Sergeants, I am recommending Sergeant Jim Sewald for the position of Operations Captain. Sergeant Sewald tested the highest of all those involved in the process. Sergeant Sewald is a very capable individual and I am confident he will make an excellent Operations Captain. I am recommending that the Operations Captain and the Administrative Captain positions be effective April 19, 1993 . Administrative Assistant: The Personnel Director, Holly Duffy, has coordinated the hiring process for this position. As a result of that advertisement, we received approximately 75 applications. As of this date, we have not interviewed, but hope to have the interview process completed and a name for the City Council at the March 2, 1993, Eagan City Council Meeting. I am recommending this position be filled March 22, 1993 . Patrol Sergeants (3) : One of these positions will fill the vacancy created by a Sergeant when they are assigned to the Investigative Unit. Approximately one year ago the Eagan Police Department went through an extensive and expensive promotional process with Personnel Decisions, Inc. to develop a three year list for Sergeant. The \ THE LONE OAK TREE . . . THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer PERSONNEL ITEMS Page 2 following Police Officers are the next three names on the list. I would like to make those promotional dates as follows: April 19, 1993 , Officer Tom Schoenecker June 1, 1993, Officer Brad Ramthun July 1, 1993 , Officer Jeff Johnson School Resource Officer: At City Council direction, the City Council approved the School Resource Officer be given Investigator status. I made this recommendation because the School Resource Officer is currently investigating as many cases as other members in the Investigative Unit. This position would be effective April 19, 1993 . Police Officer: During the early Fall of 1992, the Eagan Police Department tested approximately 160 candidates for the position of Police Officer. We advertised that the list we developed would last until December 31, 1993 . I would like to share, with the Council, that the list yielded one female officer and one Pacific Islander. The next person I am recommending be hired is James Unger who is currently a Police Officer with South St. Paul Police Department. I am requesting that position be approved for April 19, 1993 . Police Officer: The last position of Police Officer we have authorization for will not be filled for some time because of the requirement that funds be developed to defray costs of medical insurance for retirees. I understand the City Council directed staff to not hire replacement staff for retirees until that line item is funded. I suspect this position would be filled sometime in early 1994. Patrick . Gan Chief of Poli- - PJG: lb (Ai i,agau 3830 Pilot Knob Road APPLICATION FOR LICENSE License year 39 9 3 Eagan, MN 55122-1897 TREE MAINTENANCE CONTRACTOR For individual,partnership or corporatiior ' c7 who cut, trim, prune, re cove spray or 0410: /a /mt tom. y �� y 1, Robert C. Hutcheson hereby make application for a TREE MAINTENANCE CONTRACTOR license for the year 19 9 3 from the City of Eagan. OWNER: Robert Hutcheson ADDRESS: 13677 Dan Patch Drive PHONE #447-1817 (street) Savage MN 55378 (city) (state) (zip) BUSINESS NAME: The Tree-Stump Co. ADDRESS: 13677 Dan Patch Drive PHONE #447-6187 (street) Savage MN 55378 (city) (state) (zip) EMPLOYEES PERFORMING TREE MAINTENANCE: Name: Thomas R. Korslund (first) (middle) (last) James Ide Name: (first) (middle) (last) Name: (first) (middle) (last) Name: (first) (middle) (last) (ATTACH ADDITIONAL NAMES) VEHICLES USED FOR TREE MAINTENANCE: 1975 Ford Truck YU35870 (name) (year) (make) (model) (license number) 1976 Ford Truck YU25801 (name) (year) (make) (model) (license number) 1973 Chev Truck YU5,565.6 1989 Chev Truck YU66310 (name) (year) (make) (model) (license number) (ATTACH ADDITIONAL VEHICLE INFORMATION) EQUIPMENT USED FOR TREE MAINTENANCE: (e.g., stump grinder, brush dipper,chainsaws, sprayer,etc.) Stump Grinders - grind stumps Brush Chippers - chip brush (name) (function) Chainsaws - cut branches (name) (function) (ATTACH ADDITIONAL EQUIPMENT INFORMATION) CITY OF EAGAN APPLICATION FOR MASSAGE THERAPY ESTABLISHMENT OR MASSAGE THERAPIST BUSINESS LICENSE PART II: Directions: This form must be filled out by typewriter or by printing in ink by the sole owner, by each partner, by each officer or director, by each manager, proprietor or other agent in charge of the premises, by each person who by combined ownership or control has an interest - in a corporation or association in excess of 5%, or by each individual seeking a massage therapist license. TRUE NAME: _ott-bo,,va Lee- Riv/S First Full Middle Maiden Last RESIDENCE ADDRESS: ,a�,j(O Oa) ?Ue. SO . So. `f ectci � M N 5SO7S-- y5/-Y5q<1{ Street City State/Zip BUSINESS NAME: "Ala $f-Ic CJtropr4c/7L C 4 u)ef/ors5 rat BUSINESS ADDRESS: i3 Li () Uv1C 140 43i'• St,(1 e 5f e_ far] iti11 cc---/ 3 Street �) City ' ` State/Zip PLACE OF BIRTH: 5 f Pct 41,1,1404 lil A) o t l?t /t` City County / State DOB HEIGHT: 518 ' WEIGHT: Pig Ilo5-. COLOR OF HAIR: fy[)M)v) EYES: 5'bwri U. S. CITIZEN? Yes A Naturalized? Yes If yes, give date/place No No MARITAL STATUS: Married Single JC Divorced . hea .plicant licensed in any other community? Yes No II) PAM were: A1t1E]k`KiM - OUERN YRATO+t „ . :. YTNUO3 ATONAa Ab; " 2?"'w` S"11f1g"a pllc;,ani been denied a massage therapist license by any licensing No }C If yes, describe: 3. Each applicant for a massage therapist license shall furnish, with the application, proof of the following: r j 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. 1 to i tj r--rte .kb cc 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. 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. Attach photo. 5. Address(es) at which you have lived during preceding five years. (Begin with present or last address and work back. N & Street City & State Dates Ore - 03 (3t' Ore 50. 50-,3f, Ra k/ (i11J S5b7S- 1986- Plse-�,& 6. Kind, name and location of every business or occupation you have been engaged in during preceding five years. Begin with present or last occupation and work back. Business or Occupation Street Address City/State 7. Names and addresses of your employers and partners, if any, for the preceding five years. (Begin with the present or last one first and work back.) Namq Addres City/State/Zip Lin .a, Le-. -11�e. 1�1ttcQ(Afr, Co - k a ie O2cz�e-1r, RO dglc , 1110 L)r D.K nwi- IF - A00 si►tl e ee. Lao e. s4ikc. )o5 , Idebt lirairie, (1'W 5130 1,t5Se It lA)c&v, - Ffipf ti 11010h1e_ 5t/( in;v•,`gDn 5f. h1K /ot _!t�.fs.,i'1nJ SS// 2 Yes No . If yes, give information as to the time, place and offense for which convictions were had: 9. 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 be referred to as to the applicant's character: Name 111 cf - 0A9,110i5-4ix i , ?►. Phone 06-i9/9 Address v19200 315±- P1 . N . Orrc0v12i7 , 410 55:3 bcf Business Address 77 /L/ .IironkIyv 3iUA. St ik /9'a1 , 3vnnki1.1, Pay�C, ri/1N y33 Name rc�reji uki c i�1?o1 f- ss Phone 41574977 Address V'✓ia�ie. A✓e. / L'J.Sf. PAO, im) 5Si!5 Business Address S4 Name Pa5I-Cw PIcj ctivc9 / telleAr Phone 7-723)- Address / 7 / Hui iv,he)1d� it)SP , r1 N 1c/ Business Address L/ (� ) (ii. �n/, -rina "5 5F. uWS Pi MO 5SII C) Date: � 1 ' 6-0\, Iw t'L �, q 1, a^L Signature of Applicant Subscribed and sworn to before me this : day of&LI,lo y19��� JENNIFER L. MARTIN NOTARY PUBIJO-ETA c /'� (seal) d DAKOTA COUNTY Public m' ISOM d 3