04/18/2017 - City Council Public Works CommitteeAGENDA
PUBLIC WORKS COMMITTEE MEETING
TUESDAY, APRIL 18, 2017
7:00 PM
(After conclusion of regular Council meeting)
CITY HALL
CONFERENCE ROOM 1A/B
I. ADOPT AGENDA
II. EAGAN/ROSEMOUNT DISCUSSION —120th Street/Annexation Request/ Dodd Road
III. I&I/WATER METER SURCHARGE APPEALS
IV. CENTRAL MAINTENANCE FACILITY LANDSCAPING & NOISE MITIGATION
V. RIGHT-OF-WAY MANAGEMENT - SMALL CELL ANTENNAS & CENTURYLINK APICAL
VI. OTHER BUSINESS
VII. ADJOURNMENT
Agenda Memo
April 18, 2017 Public Works Committee Meeting
II. EAGAN/ROSEMOUNT DISCUSSION - 1201h Street/Annexation Request/Dodd Road
DIRECTION TO BE CONSIDERED: Provide staff direction on a response to the City of
Rosemount.
BACKGROUND:
• A developer has approached the City with a residential development proposal (Parkside
Estates) for the parcel located directly northeast of the intersection of Dodd Road and 120th
Street and adjacent to the Eagan/Rosemount corporate boundary.
• The developer would like to incorporate into the development a sliver of land located north
of 120th Street but within the municipal boundaries of the City of Rosemount. The
developer has requested that the sliver of land be annexed into the City of Eagan.
• The Rosemount City Council has discussed the proposal and identified areas of concern
including:
o The reconnection of Dodd Road to 120th Street (removal of cul-de-sac on Dodd Road);
o Development financial contribution towards future improvements to 120th Street;
o The need for general agreement between Eagan and Rosemount on the alignment of
and cost sharing for 120th Street east of Highway 3; and
o Future extension of public services into Rosemount.
DISCUSSION QUESTIONS:
1. Does the Committee support reconnection of Dodd Road, connection of the proposed
development to the Dodd Road cul-de-sac or a connection between Dodd Road and
120th Street through future residential subdivisions north of 120th Street?
2. Does the Committee support the idea of a development condition for 50% financial
participation in 120th Street improvements directly adjacent to the proposed
development/annexed area if annexation were to occur? Likely in the form of an
escrow.
3. If/when development occurs and a trunk sewer improvement were made on the Red
Pine parcel, would the Committee support extending sewer and water into Rosemount
to allow development of land south of 120th Street?
4. If the aforementioned Red Pine development occurs and depending on the eventual
alignment of 120th Street and/or additional annexation east of Highway 3, does the
Committee support a 50/50 Eagan/Rosemount cost share for 120th Street improvements
where both cities directly abut the right-of-way as a condition of development?
ATTACH M E NTS:
0 Parkside Estates Vicinity Map
Agenda Memo
April 18, 2017 Public Works Committee Meeting
• Parkside Estate Preliminary Layout
• Additional handouts will be distributed at the meeting
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Agenda Memo
April 18, 2017 Public Works Committee Meeting
III. Inflow & Infiltration (I&I) and Water Meter Replacement/Repair Programs
Surcharge Appeals
DIRECTION TO BE CONSIDERED: Provide direction to City staff regarding the final disposition of
the Inflow & Infiltration (1&1) Program (City Code 3.40, Subdivision 10) or Water Meter
Replacement/Repair (R/R) Program (City Code 3.05) surcharges for identified properties in
accordance with the related City Ordinance.
BACKGROUND:
• On September 1, 2009, the City Council adopted an amendment to City Ordinance 3.40
regarding the Rules and Regulations relating to Sanitary Sewer Service that requires
compliance with a mandatory inspection program and any related corrective work orders.
• On December 15, 2009, the City Council implemented the Inflow and Infiltration (I&I)
Inspection Program/Policy to eliminate Clearwater flow from the sanitary sewer system.
• On May 15, 2012, the City Council adopted an amendment to City Ordinance 3.05 regarding
the Rules and Regulations relating to Municipal Utilities that requires all properties
connected to the municipal water utility to permit the city's designated utility employee
onto the property and within the structure for purposes of the inspection, repair or
replacement of the water meter. This action, in essence, implemented the Water Meter
Replacement/Repair (R/R) Program to ensure accurate water use measurement and
payment.
• Part of the amendments, and accordingly the I&I Inspection and Water Meter R/R
Programs, incorporated a fee schedule that provided for a surcharge to be placed against
utility billing accounts for those properties that either didn't schedule an inspection or did
not bring the identified deficiency into compliance within the prescribed time frame.
• The Surcharge Fee is $150 per month for Single Family properties and $500 per month for
all others.
• In anticipation of appeals, the Council directed the Public Works Committee to review any
appeals and provide their recommendation back to the Council under the Consent Agenda.
Staff has recently heard from property owners who want to appeal a related surcharge.
• The following surcharge appeals are being presented to the Public Works Committee for the
purpose of corresponding recommendations for future Council action. The properties have
been found to be in compliance with City Code regarding the I&I or Water Meter R/R
Programs. As a result of the individual reviews, the related surcharge appeals should be
recommended to be waived or denied.
o Doug Fortin, 3425 Highlander Drive: I&I Program -Remove $150 surcharge
o Neil Salminen, 1746 Drake Drive: Water Meter Program - Remove $150 surcharge
Agenda Memo
April 18, 2017 Public Works Committee Meeting
IV. CENTRAL MAINTENANCE FACILITY LANDSCAPING & NOISE MITIGATION
DIRECTION TO BE CONSIDERED: Receive updates on current Central Maintenance Facility
(CMF) landscaping and noise mitigation discussions/activities.
BACKGROUND:
• Phase 1 of the current CMF expansion/renovations consists of additional heated vehicle
storage and equipment bays, enlarged and updated service bays, free standing utility
building, material storage bins, brine building and tanks and salt storage building.
• The construction of some of the new facilities have relocated operations upon the CMF site,
as well as placed facilities where no facilities had previously existed.
• Some of the residents of Terra Glenn, the single-family neighborhood west of the CMF site,
have expressed concerns with the aesthetics of the new facilities or the noise related to the
operations. Staff have communicated with the residents and responded to requests.
• On December 20, 2016, at the Council Listening Session, Terra Glenn residents addressed
the Council with their concerns about the salt shed that was recently installed at the
CMF. Staff noted further discussions will occur in the spring regarding landscape screening
for the perimeter of the CMF site, including the area near the salt shed, and that the
neighborhood will be included in that discussion. The Council directed the Public Works
Committee to review screening options.
UPDATES:
Landscaping
• Staff met with landscape architects on Wednesday, April 12 to discuss landscaping
opportunities along the perimeter of the CMF property. The following preliminary
schedule was proposed.
o An open -house meeting will be scheduled with all adjacent neighbors to solicit input
and share site constraints. Meeting is tentatively scheduled for a day in the week of
May 15, between 4 and 6 pm.
o A second open -house meeting will be scheduled in mid-July to share the preliminary
landscaping plans, as well as Phase II of the CMF renovations.
o The final landscaping plans would be shared with the Public Works Committee prior
to Council approval and authorization for bids.
o Landscaping would be completed in the fall, 2017.
Agenda Memo
April 18, 2017 Public Works Committee Meeting
Noise Mitigation
• Staff has purchased three "white noise" backup beepers to test their use on vehicles and
equipment at the CMF. This alternative noise mitigation effort was suggested by one of
the Terra Glenn residents. The backup beepers can meet OSHA safety requirements.
The cost to replace all existing backup beepers with "white noise" versions would be
$12,000. Staff is currently reviewing to determine which vehicles would be most
appropriate for replacement due to significant usage at CMF and compliance with
employee safety.
• Frost is out of the ground and soil borings will be scheduled shortly for consideration of
the viability of the installation of a noise wall.
• Staff have communicated this information with Dave and Amy Ryan, 3513 Birchpond Road.
A Public Works Committee meeting to consider landscaping/noise mitigation plans would
likely wait to be scheduled until after the second open -house meeting and said meeting
comments could be provided to committee members Fields and Bakken. Once this Public
Works Committee meeting is scheduled, likely in late July or early August, the Ryan's will be
contacted and invited to attend the meeting.
Agenda Memo
April 18, 2017 Public Works Committee Meeting
V. RIGHT-OF-WAY MANAGEMENT
SMALL CELL ANTENNAS & CENTURYLINK APICAL
DIRECTION TO BE CONSIDERED: Receive updates on current public right-of-way
discussions/activities.
BACKGROUND:
• The public right-of-way (ROW) has been a hub of activity over much of the past twenty
years in Eagan, as well as the rest of the country. The expansion of telecommunications, in
both the number of companies and the use of fiber optics, has contributed greatly to this
activity, as well as the general growth, technological advancement and maintenance needs
experienced by all of the other private utility providers who utilize the public ROW for the
distribution of their services.
• The intense utilization of cellular telephones during this same time frame has contributed to
the ROW activity in the establishment of the supporting infrastructure and, most recently,
has begun to stretch the previously understood limitations of the use of public ROW. The
installation of this infrastructure has enabled significant enhancements of mobile
technology for the benefit of many of us both personally and professionally, including the
City of Eagan.
• On June 30, 2015, the Public Works Committee recommended that a Memorandum of
Understanding (MOU) between the City and CenturyLink (CL) for the Apical Fiber Project be
considered for favorable Council action with the following conditions: 1) an independent
analysis be completed to ensure adequacy of the CL method of construction and establish
standards for future similar installations that don't degrade or reduce the life of the public
street; 2) City Code 7.06 is updated to address new construction method standards; and 3)
CL provide a $10,000 escrow to be applied toward the cost of the independent analysis.
• On July 7, 2015, the City Council approved the MOU with CenturyLink and the City of Eagan
related to the installation of fiber optic facilities in the public right-of-way.
UPDATES:
SMALL CELL ANTENNAS
• Private wireless and cellular service providers pushed legislation (HF 739/SF 561) during the
current Minnesota legislative session that would have allowed unregulated access to public
ROW for installation of "small cell wireless" equipment and distributed antenna systems.
The proposed bill would have also allowed unregulated access to possibly all public facilities
regardless of location. The proposed language was extremely concerning in a number of
ways, in particular to public safety. Thanks to the support of the City Council and numerous
Agenda Memo
April 18, 2017 Public Works Committee Meeting
other local agencies, private utility companies and professional organizations, the sponsors
of the legislation have removed the language from any current legislation. That said, all
parties involved fully expect the return of similar language in the next legislative session.
• On November 30, 2015, City staff received an inquiry from a representative of Mobilitie,
LLC, a telecommunication infrastructure company and registered public utility in the state
of Minnesota, regarding the placement of about twenty 80' tall wooden poles with a
cellular telephone antenna on top within the city's public right-of-way. Staff responded to
the inquiry requesting to work with the representative to better understand their interests
and to work together to establish permitting standards for such an application.
• Since the beginning of the year, Mobilitie representatives have reached out to staff and met
on a couple of occasions. At the most recent meeting (March 15), Mobilitie shared their
interest in establishing "small cell wireless" facilities in three locations within the public
ROW in the city. Two of the locations are within Dakota Electric Association (DEA) territory
and are proposed to be placed on top of existing street lights. The final location is within
Xcel Energy territory, but in a location without an existing street light.
• Staff shared current ROW permit requirements and concerns with the original/previous
Mobilitie proposal, as well as general concerns. Staff also directed the representatives to
contact DEA regarding placement on DEA street lights. The discussion was cordial.
Mobilitie representatives indicated they would complete ROW permit applications upon
coming to an agreement with DEA and determining a pole design for the one location.
• Xcel Energy staff have contacted City staff to inform us that Xcel will not approve the
installation of any "small cell wireless" facilities on an Xcel facility without the approval of
the city where the Xcel facility is located. Mobilitie has been informed of this condition.
• Staff will be very protective regarding any new facilities proposed to be located within the
public ROW. While aesthetic concerns are not valid regarding any restriction or limitation
of "small cell wireless" facilities, the attorney's office has indicated support for height
limitations relevant to building setbacks and avoidance of conflicts with existing utilities
within the right-of-way. New ordinance language may be proposed for the Committee's
consideration to support such protection of the City's interest.
CENTURYLINK APICAL
• In August, 2014, CenturyLink (CL) undertook a small-scale installation of fiber optics within
an Eagan neighborhood as a trial basis to determine the suitability of the methods and
materials used for installation within a city street in a northern climate.
• Based upon the trial results, CL approached the City with interest in a city-wide installation
of fiber optics within the pavement of city streets. City staff worked with CL representatives
to fully consider the impacts of such a city-wide installation to ensure the city infrastructure
being utilized by private utility providers would not be negatively impacted or any impact
would be offset by the city value provided. Consequently, the MOU was approved and CL
installed 1 gigabyte fiber optics service to about 1700 single family properties in 2015.
• Staff presented concerns with some of the 2015 CL installations in February, 2016. In
response to City staff's enquiries, CL repaired all areas of concern and investigated the
Agenda Memo
April 18, 2017 Public Works Committee Meeting
concerns to determine the probable source. CL acknowledged they had not complied with
the agreed to design standards and that the failures were related to the change in design
and construction material actually used for the 2015 installations. CL did not complete any
installations in 2016.
• This week, CL began re-evaluating all areas constructed in 2015 to identify any additional
areas needing repair. CL has discussed proposed revisions to the standard design and has
requested three phases of installation in 2017, each with differences in design
specifications.
• Preliminary approval has been provided for Phase I which includes 1,045 single-family
homes. The design revisions include the use of a non -engineered cable conduit and
placement about 4 to 5 feet from the edge of the street in the center of the drive lanes.
The conduit change addresses construction cost concerns for CL and the placement
addresses street and utility maintenance concerns of City staff. Construction is proposed to
begin in mid-June and CL is seeking final permit approval and permission to initiate
communications with homeowners, order materials, and finalize the construction
timeframe.
• Phases II and III would include 2,512 homes and seek to revise the placement of the fiber
optics. For both phases, placement is proposed to be 12" below the pavement at the point
where the pavement meets the concrete curb and gutter. Staff has a number of concerns
about the design revisions. The conduit material varies between the two phases. CL is
working with City staff to determine satisfactory design standards before proceeding.
• Per Public Works Committee recommendation and Council approval, staff is working to
ensure adequacy of the CL method of construction and establish standards for future similar
installations that don't degrade or reduce the life of the public street and will update City
Code 7.06 to address new construction method standards accordingly.