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05/06/1997 - City Council RegularA. ORDINANCE AMENDMENT, City Code Chapter 7, Streets and Sidewalks, pertaining to the Management of Private Uses of Public Rights of Way (continued indefinitely) B. APPROVE Joint Powers Agreement with Inver Grove Heights - Utility Extensions C. AMENDMENT to the Eagan City Code Chapter 4, "Construction Licensing, Permits and Regulation, including Signs, Excavations and Mobile Home Parks" by deleting Section 4.50 "Placement, Erection and Maintenance of Wind Energy Conversion Systems and Radio or T.V. Towers" and amending Chapter 11, "Land Use Regulations (Zoning)" by adding Section 11.10, Subdivision 30, regarding regulations of "Antenna, Towers, Satellite Dishes and Wind Energy Conversion Systems" AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING MAY 6,1997 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE IL ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. DEPARTMENT HEAD BUSINESS (BLUE) A. RECOGNIZE National Public Works Week (May 18-24) V. CONSENT AGENDA (PINK) ' <A. B. cj C. �D. E. IVF. ' G. ' H. PERSONNEL ITEMS PROCLAMATION observing May 15,1997 as Fairfield Suites Day FINAL SUBDMSION - Horne Development for Kingswood Ponds First Addition SCHEDULE PUBLIC HEARING, Professional Plastics Incorporated, Minnesota Investment Fund Application APPROVE PURCHASE AGREEMENT, Highway 55 TIF Redevelopment District, Gary and Beverly Kajer, 835 Lone Oak Road PROJECT 717, Receive draft findings/cancel project (Ranier Lane - Street Improvement) PROJECT 720, Receive feasibility reportlorder public hearing (Eagan Business Commons) PROJECT 682 Receive final assessment roll/order public hearing � p g (Deerwood Townhomes 2 PUtilities) 2J I. f'�J. �. Z K. - PROJECT 709R, Authorize detail plans (TH 13/Biackhawk Rd. - Signal & Roadway Imp.) CONTRACT 97-04, Receive bids/award contract (Cliff Rd. Water Treatment Plant - Standby Generator) CONTRACT 96-01, Approve change order #3 (Eagandale Corporate Center - Utilities) CONTRACT 96-20, Approve change order #1 (Yankee Doodle/Promenade Central Area - Streetlights) 2� M. .2..� N. 260. ed,5I P. CITY AUCTION, set date for May 17, 10:00 a.m. at Eagan Maintenance Facility, 3501 Coachman Point and declare bicycles, unclaimed property and miscellaneous City property to be surplus DESIGNATION of administrative hearing officer- dangerous dog designation HOURLY RATE ADJUSTMENT, Civic Arena VACATE public right-of-way & utility easements, receive petition/order public hearing (Lexington Add.) Q. FINAL PLANNED DEVELOPMENT, Homestead Village for Eagandale Center Industrial Park No, 14 R. APPLICATION for Shows License, Alotta Amusements, for a carnival at the July 4th Fun Fest VI. 7:00 - PUBLIC HEARINGS (SALMON) 7� A. B. P S C. CERTIFICATION of delinquent utilities VACATE partial ponding easement (Lot 25, Block 1, Canterbury Forest) VACATE drainage & utility easement (Outiots C & D, Lone Oak Add.) rvII- OLD BUSINESS (ORCHID) A. ORDINANCE AMENDMENT, City Code Chapter 7, Streets and Sidewalks, pertaining to the Management of Private Uses of Public Rights of Way (continued indefinitely) B. APPROVE Joint Powers Agreement with Inver Grove Heights - Utility Extensions C. AMENDMENT to the Eagan City Code Chapter 4, "Construction Licensing, Permits and Regulation, including Signs, Excavations and Mobile Home Parks" by deleting Section 4.50 "Placement, Erection and Maintenance of Wind Energy Conversion Systems and Radio or T.V. Towers" and amending Chapter 11, "Land Use Regulations (Zoning)" by adding Section 11.10, Subdivision 30, regarding regulations of "Antenna, Towers, Satellite Dishes and Wind Energy Conversion Systems" MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 2,1997 SUBJECT: AGENDA INFORMATION MEMO FOR THE MAY 6,1997 EAGAN CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval of the May 6, 1997 City Council agenda and the regular City Council meeting minutes for the April 15, 1997 regular Council meeting and special minutes from the April 15, 1997 meeting, the following items are in order for consideration. Agenda Information Memo May 6, 1997 0EPARTAIENT HEAD BUSINESS ACTION TO BE CONSIDERED: Approve a resolution to declaring May 18 - 24 as National Public Works Week and authorize Mayor and City Clerk to execute the document. FACTS: Every year, a week is set aside to recognize the functions and activities associated with the Public Works service delivery to the general public from their local representative governments. The .American Public Works .Association (APWA) has designated May 18 through May 24 as National Public Works Week. This provides an opportunity to increase and focus the public's awareness to the many operations and services provided by Public Works Agencies that promote the health, safety, welfare and conveniences for our modem society as well as providing the resources to respond to natural disasters. ATTACHMENTS: 0 Staff memo, page, 0 Proclamation, page IV TO: FROM: DATE: MEMO DEPARTMENT OF PUBLIC WORKS city of eagan MAYOR & CITY COUNCIL CIO THOMAS L HEDGES, CITY ADMINISTRATOR THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS MAY 1, 1997 SUBJECT: NATIONAL PUBLIC WORKS WEEK Public Works operations and services are the basic foundation of a successful and healthy society. It provides for and serves the very basic needs of each individual as well as the community as a whole by providing safe drinking water, proper disposal of waste, efficient and safe transportation systems and emergency response and clean-up to natural disasters. The need for these services have never been more evident than realizing the hardships resulting from the major wind storms, blizzards, pot holes and flooding that our region has experienced within the last twelve months. Our very basic well being is so reliant on the dependable delivery of basic public works services that, when interrupted , especially for long periods of time, entire communities and economies are severely disrupted. It is right and appropriate that the citizenry of our communities take the delivery of these basic services in stride with their every day lives. The true judgement of our success is measured when the common person gives no thought as to how their basic public needs are being met. Although it is the Public Works profession's goal to go unnoticed during the daily lives and activities of our customers, it is too important to be taken for granted or to go unrecognized. The City of Eagan is blessed to have so many dedicated public servants committed to providing the very best in the basic services so necessary to the health, safety and welfare of our community. It is fitting and very appropriate that during National Public Works Week of May 19 - 23 that a moment be taken to recognize the extent of services provided by the Public Works profession and the dedication and commitment of the professionals in their public service. We would be very honored and grateful if you and the City Council would officially recognize these dedicated men and women in the Public Works profession by passing the attached proclamation helping to increase the public's awareness of the quality of life attributable to Public Works. Your Department of Public Works is immensely appreciative for the involvement and support that you provide in helping us to perform to the highest levels of expectation and public service so deserving of our community. Respectfully submitted, Director of Public Works TAC/cb Enclosure: Proclamation cc: All Public Works Department Employees CITY OF EAGAN OFFICE OF THE MAYOR PROCLAMATION HEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation ofpublic works systems and programs such as water, sewers, streets and highways, public buildings, and solid waste collection; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform, NOW, THEREFORE, 1, Thomas Egan , Mayor of the Eagan city of g do hereby proclaim the week of May 18 through May 24, 1997 as "NATIONAL PUBLIC WORKS WEEK" in The City of _ _ Eagan , and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. Given under my hand and Seal of the City of E this _ 6th day of May__, 1997. Mayor I J� a f r 4 AMERICAN PUBLIC) WORKS ASSOCIATION MINUTES OF A REGULAR MEETING OF THE EAGAN CTTY COUNCIL Eagan, Minnesota ...... April 15, 1997 A regula:r meeting of the Eagan Cita: Council was held on Tuesday, April 15,1997 at 6:30 p.m. at the Eagan Municipal Center. Present were i embers -Co ter, Awada, Masin uncilm. Wachter, and Blomquist Also present were City Senior Planner Lisa Freese, Director of Public Works Tom Colbert, and City Attorney City Administrator Hedges stated that the City Council had a work session prior to the regular Council meeting to discuss plans for the Fire Administration building and the Council may want to have further discussion on one item relating t9 ' the proposed Project 717, Ranier Lane at the end of the meeting. He suggested that the Carriag*e':'"iUs/Rahn.assessment appeal settlement - Project No. 638 and Gopher assessment appeal settlement j.q.'..ect No. -*68 be added to the consent agenda. Councilmembers concurred with adding the items to the e ent ag4i4a. Councilmember Wachter moved" Gtcteber Oa seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 WBUTES OF THE APRIL -1, I997 MEETING Councilmember Wachter requested that on page 9, the third paragraph under Conditional Use Permit & Variance - U.S. West, the first sentence should read,.!!C- ouncilmember Wachter raised a concern about the possibility of the tower falling on a businem-thififi#,*tomeday be located on the lot to the west. .... ..... .. Councilmember Blomquist move . .*d. -*r -i8 iiiiciTmei6ier Awada seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 MINUTES OF -THE AMU"'1*14"I'""W" "-,CL, MEETING Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 15EFARTiVlENT HEADBUSINESS RECOGNITION 00 -TY M-- 't-ITY-AWTEN-YEAR, AWARD City Administrator Hedges pro*dlid an ovw on this item. He stated that Mayor Egan and Supervisor of Forestry Greg Hove attendi6d the awards ceremony where the City of Eagan received its 10ffi consecutive Tree City U.S.A. award.�a olso-rdi.0yod, Jpt the 41h year, the Tree City USA Growth Award. He noted that Arbor Day is Sa N":*T'* planting will be held at Blackhawk Park. Mayor Egan commented on the receipt of th-e im�ZwZii .... . . Councilmember Blomquist said that she noticed the water tower on Cliff Road is no longer being used and she asked what the impact will be on the water supply for this summer. Director of Public Works Colbert stated that the Cliff Road reserv**':h"*W..been used for almost two years and explained that prior to, those two years it was not opem.a �i*f?r another one and a half to two years. He equal to ;}fie cost of the original construction because added that the cost to repaint the tower%.—,�:4s- ost of the lead based paint. He further add6,d'&t it was cost-eg"ve to take the tower out of service. Councilmember Blomquist asked if it wbfdd be possible to usig:the Cliff Road site and elevate the tower. Director of Public Works Colbert expla3ijg.th9.r .. P s. ould not work as efficiently as locating it i,n ................ - -:: . .. ... 7 :-:- the tower in the southeast area of Eagan'-,: EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997 PAGE 2 Councilmember Wachter staffed that there will be a 90th birthday party for Carl Case at Diamond - T on April 27. He said that the engineeripg:proposals for the Inver Grove Heights/Eagan water tower should be placed. on the regular agenda ti :.4ow for public input. Director of Public Works Colbert clarified that the request is only for the purpose of soliciting proposals of engineering firms. Councilmember Wachter askedI4Ragaiv important a basement would be for the Fire Administration building. Police ChiefGeagan stated it would be helpful for storage. Ubj4SENTAGENTDA In regard to Item A, Personnel Items -Item 9. Reor anization I Public Works Department/ En i�g Division. Councilmember BIomquist said she is concerned about approving a department's organizational chart on thg.qonsent agenda. After discussion with the City Administrator, she stated that it is her understanding tlkii.#:the orpa ational chart is only preliminary and not something for the City Council to act on. She clarifier: that thi i66quest being made is only for a couple of position title changes. In regard to Item B, Approve __%c :$grvices Agreement: School District No. 196 and City of Eagan, Councilmember is for the current school year since school is almost over. Police Chief Geagan stated that the District was late in putting the agreement together and it is intended for the 1996/97 school year. In regard to Item C, A rove an ordinance adoRtiniz and enactin the new Ci Code Councilmember Blomquist stated that adopting ordinances..6flimew City Code should not be included on the consent agenda but rather should be put on .t e.regt.*'4 hda to allow for public input. Mayor Egan noted that the public hearings have alreadl!:leit ilii oi:iach of the ordinances that were adopted and the purpose of this ordinance is only to;` 046'•them into. J'be City Code book. Councilmember Blomquist reiterated that items of this nature should be..pi t:on the iegular agenda. She said approving items on consent which relate to ordinances leaves the iYftpissioi t#1at the Council is not including the public. She further said she wants to be more open with the public::- ' 43a :Egan said that the procedure used by the City Council is correct and this is only a mechanical task that' involves taking ordinances that have been adopted during the past year and codifying them into the Code book. He added that he does not think the public would feel the Council should go through such formalities just to instruct the staff to take these ordinances that have already been adopted and put them into the City Code. Councilmember Wachter said if there were changes being made to the City Code they should be addressed on the regular agenda, but he said these ordinances have already.bee*i:idopted..hy.-theeCouncil. He added that he does not have X. an objection either way as to where these;eiiis siiitil:� p3•ased on the agenda. He further added that he has always wanted to keep the public is fiii'med. C.0 "' member Awada agreed with Councilmember Wachter and said it does not matter to her how these'items are handled. She asked why the Council needs to adopt an ordinance to approve.,putting tiYdinances in the City Code. City Administrator Hedges provided an explanation as to rir�.#le' s.:o .be•fl�► ordinance to adopt and enact the new City Code. Councilmember Blomquist iRaO.:.i gat t'it-'kt.: i e she would like the Council to discuss what type of items should be placed on the regular agenda for informational purposes instead of placing them on the consent agenda. City Administrator Hedges stated that the,new Code books will be available on Friday. Director of Finance VanOverbeke added that this is A;1- iiii] Chit i ,Pf the City Code and he clarified that only the size and format of the Code is being chap"i: d not t j odhtent. He further added that the City Code books will be available on the Internet, Ajr urchase at City -$#O;11 and also at the public library. In regard to Item V, Recommg6djtion, Airport RelaticV s Commission, comments to Federal Interagency Committee on Aviation Naise;. f -b2M i:: -Ua' -V 13,1997, Councilmember Blomquist requested that this item be removed frdi:lpsti::'ag�t►d put on the regular agenda at a later date. She said that when the Council is writing a letter to a group expressing their views it should be EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997 PAGE 3 brought to the public for input as well as to the committees and the Council. Mayor Egan noted that the Council has consistently followed this protocol and asked why Councilmember Blomquist was requesting this change. Councilmember Blomquist said she felt the Council should be allowed to comment on the letter to be sent to FICAN. Councilmember Blomquist moved;:C•a=eAmeir ef.Aw da seconded a motion to pull Item V from the consent agenda and move it to the. lin.titeM)o 4P -Business for further discussion. Aye: 5 Nay: 0 A. Personnel Items Item 1. It was recommended to approve the hiring of David Koski as a Water Production Maintenance Worker, subject W successful completion of the City's physical examination and drug screen requirements. Item 2. It was recommended to accept tfie.ijesignati�ft­- of Greg Mann from his position as a part-time Building Maintenance Worker. Item 3. It was recommended to approve:Ap�:b=—`6:A'ft- W—i:fth6p, Mike Bishop, Kevin Doehling, Jill ........ 11 Isebrand, Delbert Keene, and Douglas Kiiihif. Maintenance Workers. Item 4. It was recommended to approve the hiring of Mark Cleare, Andrew Kappang and George Sellner as seasonal Ballfield Attendants. Item 5. It was recommended to approve the hiring of Leroy. $aero as the seasonal part-time Assistant Weed Inspector. Item 6. It was recommended to approve- hiring of Sc6ft Hangebrauck, Erik Hansen and Jeff VanOverbeke as seasonal Street MaintenanmWbr-kers. Item 7. It was recommended to approve the hiring of 1V �geby as a seasonal part-time Ice Rink Supervisor. Item 8. For the Council's information, Craig Walter from North Dakota State University will be an intern in the recreation division. No action required. Item 9. It was recommended to approve the:fi& karlim .0: ........ .111PP.0 the Engineering Division of the Public Works Department by eliminating the pSO%iO1r'F-ji g*fzb* — -vi V �ii*cian position, adding an Engineering Technician position, and changing the ti :'b*f the A"mt City Engineer position to City Engineer. Item 10. It was recommended to approv*px`:tbe hiring i Nora Flueger, Deborah Buntjer, Leflani Fischer, Julie Beecher, Martha Buyck, Holly Co -IJAZ!M."Vart-tizne seasonal concession workers for the Northview concessions. B. AppTove D.A.R.E. & Police Liaison Services Agieement: School District No. 196 and gty of Eagan. It was recommended to approve the D.A.R.E. and police liaison services agreement for School District No. 196 and the City of Eagan. C. ARPTove an ordinance ado tin and the ne •C*jIv. Code. It was recommended to approve an ordinance adopting and enacting the neyQ Pty Code. D. Direct the Citv Attornevs office to Rjj�Are a new tobaccq:dWinance to be in compliance with FDA regulations. It was recommended to dii*F!q:k1offti - %"Kiaiver to the FDA tobacco regulations and EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997 PAGE 4 to direct the City Attorney's office to prepare a new tobacco ordinance after the State Legislature adjourns. E. AF_prove resolution authorizing the is3iiance and sale of $1000,000 Industrial Development Revenue Bonds Series 1997 -Master Mechanical to approve a resolution authorizing the issuance and sale of $1,000,000 Industrial Ivieltipii€Re Bonds, Series 1997 for Master Mechanical, Inc. F. Proclamation obsenft May 4 -May 11jis the 1997 Da3:s of Remembrance in association with the Holocaust Memorial Museum. It was recommended to proclaim the week of May 4 through May 11 as the 1997 Days of Remembrance of the Holocaust and encouragement of equality and justice for all. G. Final Subdivision - Tri -Land for 1 the Final Subdivision for Lexington: Section 26 located south of Walmart H. Adopt resolution MVTA's revis approve a resolution amending the Authority. Twelfth Addition. It was recommended to approve Aition for 16 lots on 4.32 acres in the NW V4 of of Sean Court and north of Walnut Hill Park. !nt. It was recommended to for the Minnesota Valley Transit I. Final Subdivision - S rin brook Corp. for Wessel Pond Addition. It was recommended to approve a Final Subdivision (Wessel Pond Addition) consisting of four lots on approximately 4.5 acres in the SE 1/. of Section 14. J. Authorization to conduct exclu was recommended to approve an for up to four days in 1997. ulc, celebration, Valley Viewers 9-H Club. It Viewers 4-H Club to conduct excluded bingo K. Aor+rove resolution designating MuniciLa :s" -A d. -S t (Wescott Hills Drivel It was recommended to approve a resolution designating Wes[#: ;. Drive from Yankee Doodle Road to Wescott Road as a Municipal State Aid Street and authorize the Mayor and City Clerk to execute all related documents. L. Project 695, approve County cost participation & maintenance ag eements for roadway & sienal improvements(Yankee Doodle Road). It was recommended to approve multiple construction and maintenance agreements with Dakota Count;fpx:l?rojeet:f?95:(Yankee Doodle Road & 35E) and authorize the Mayor and City Clerk to execute all ril' M. Contract 95-12 a prove change order #1 r; i' * Reservoir . It was recommended to approve Change Order #1 for Contract 95-12 (DLA'wwood Reservoir) and authorize the Mayor and City Clerk to execute all related documents. N. Vacate drainage & utility easement, receive petition/order public hearing (Outlots C & D Lone Oak Addy. It was recommended to receive a petition to vacate common lot line drainage and utility easements for Outlots C & D Lone Oak Addition and schedule a public hearing to be held on May 6,1997. O. Extension of Preliminary Planned Devergt�tt $,�r ff.aganwoods Office Park 2nd Add.). It w s: et3iiimeruie of the Preliminary Subdivision and Preliim'gtary Planned Addition (OCB Realty Inc.). P. Final Subdivision & Final Plan Plastics). It was recommended to ►division for OCB Realty Co. a request for a one year extension t for Eagan Woods Office Park 2nd Final Planned Development for EAGAN CITY COUNCIL. MEETING MINUTES; APRIL 15, 1997 PAGE S Resource Plastics allowing a plastics recycling facility on Lot 1, Block 1, Gopher Eagan Industrial Park 3rd Addition. Q. Resignation, APRNRC. It was recomriteTided to accept the resignation of Tim Callister from the Advisory Parks, Recreation and Natural >Zeson)ssivtt. R. Contract 93-V, acknowledge completion/authorize-Qty maintenance (Hawthorne Woods 3rd Add.: Streets dd.- Streets & Utilities). It was recommended.-' Q:acknowledge completion of Contract 93-V (Hawthorne Woods 3,d Addition - Streets & Utilities)'�id authorize perpetual City maintenance subject to warranty provisions. S. Amend development contract - Eagandale Co orate Center In Add. It was recommended to approve an Amendment to the Development Contract to reference revised grading plans and extend grading completion dates for Eagandale Corpor Center V! -Addition located east of Lexington Avenue and approximately one quarter mile north of1j`ankee DoMe Road. T. Approve contract - Sentence to S County Community Corrections for It was recommended to contract with Dakota U. Approve school maintenance ag leement, Dakota Hills Middle School. It was recommended to approve the agreement with Dakota Hills Middle School for field maintenance. V. Recommendation, Airport Relations Commissioi Aviation Noise, Public Forum - May 13,1997. (This considered under Old Business). W. Al2prove Arbor Day Resolution. Ita Saturday, May 3 as Arbor Day and May,1 from the Consent Agenda and to approve the Arbor Day Resolution setting nth in the City of Eagan. X. Final Plat Eagandale Center Industrial Park No.14`i(ftes€ead Villager. It was recommended to approve a Final Plat to consolidate two lots into one for 3.96 atfes at the southeast corner of I -35E and lone Oak Road on property currently platted as Lots 1 and 2, Block 1, Eagandale Center Industrial Park No. 9, located in the northeast 1/i of Section 10. Y. Carriage Hills/Rahn Assessment AR2eal Settlement - Project No. 638. It was recommended to approve a settlement in the case of the Ca... . Its/R0.1m. ssessment appeal - Project No. 638. Z. Gopher Assessment Ap2gal Settle settlement agreement for the Gopher Councilmember Awada consent agenda. Aye: 5 Nay: 0 i38. It was recommended to approve a for Project No. 638 as presented. �3B][3C�EARIIJGS PROJECT 707, TH 149 & City Administrator Hedges pri gave a staff report. Tom Sohrweide, re traffic signal installation, cost estimate, Mayor Egan opened the public$ turned the discussion back to the Council property owners in the area and whether seconded a motion to approve the PARKWAY (SIGNALIZATION) 6vei'o 4 413 this item. Director of Public Works Colbert Short, El>mt, Hendrickson, discussed the proposed and the vrdiktt schedule. }.po-a rc �g to speak. There being no one, he wolp" i ter asked about the other benefiting should be responsible for part of the assessment Mr. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997 PAGE 6 Sohrweide stated that the property owners in the area currently do not generate traffic that would warrant the signals at the intersection. He -said the USPS development will have a larger impact on traffic making left-hand turns. Councilmember Wachter moved;':�"icitz;quist seconded a motion to close the public hearing and approve Project 707 (T-H.-14�:;6t- *':. mo - public — : '*kway - Signalization) and authorize the preparation of detailed plans and speciftca ions. Aye: 5 Nay: 0 PROJECT 712,�URREY HEIGHTS (STREETLIGHTS) City Administrator Hedges provided an overview on this item. He added that a letter of support for the streetlights was received from a resident. Director of Public Works Colbert distributed a copy of the letter and gave a staff report Mayor Egan opened the public bik ling to #i�one wishing to speak. Jerry Messler,1523 Aspen Drive and President of the Surrey Height....komeoV0i*rs Association, said he was present to give his support of the project on behalf of himself. and..the, homeowners. There being no one else wishing to speak, Mayor Egan closed the public heal`i:ac#:trittd;#ie:iSussion back to the Council. Councilmember Masin moved, Councilmember Awada seconded a motion to dose the public hearing and approve Project 712 (Surrey Heights - Streetlights) and authorize its installation through Dakota Electric Association. Aye: 5 Nay: 0 Mayor Egan commented that Surrey Heights is. one;tMgan's nicest neighborhoods that does not have streetlights and he feels this will be a quality:i iii'e "t and he commended the residents on their decision to request installation of streetligYtt�i,::::; PROJECT 715, HEIN>~ �.T-. 4$S (STREET RESURFACING) City Administrator Hedges provided an overview:divi-:tps item. Director of Public Works Colbert gave a staff report. Mayor Egan stated that he received a compliment on how well Director of Public Works Colbert and the staff conducted the informational meeting. Tom Sohrweide, representing Short, Elliott, Hendrickson, discussed the project scope, cost estimate, assessments and project schedule. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he closed the public hearing and turned the Sin b44#.council. Councilmember Blomquist asked if the last maintenance performed•viii::tliis'stttie :�va5":ft 1987. Director of Public Works Colbert said that routine crack sealing and structural air wa§ d::"ie as necessary, but the last sealcoat was done in 1987. He then explained the sealcoat schedule. Couhcilmember Blomquist stated that she was concerned about the long periods of time between: airing s"ts and passing the cost on to homeowners. She felt this assessment was rather large. Counff WAsldxwupented that this assessment is a lot less than many past assessments. Councitarett liei�Bltiit q:akA: , " the City needs to show benefit to homeowners. Mayor Egan noted that the City is paying for the vast majority of the project cost. Councilmember Wachter stated that reclamation of roadway material reduces the cost. Mayor Egan restated the compliment that was received of staff by a resident who attended the informational meeting. Councilmember Wachter moved, C i } itAwada seconded a motion to close the public hearing and approve Project 715 (Heine &lxa*'= Street'ftd facing) and authorize the preparation of detailed plans and specification. Aye: 4. 01 1 (Coundlber Blomquist opposed) (*Under Visitors To Be Heard, j;git 1 and 2 were dele04 from the assessment with the amount of the assessment to each of the remainin #4 i' J5:3 :t ezcQ 1/16th of the assessable cost.) EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997 PAGE 7 PROJECT 714, DONALD AVENUE (STREET OVERLAY) City Administrator Hedges provi& ' 0 an overview on this item. Director of Public Works Colbert reintroduced Tom Sohrweide, with Short*:'E'1'h* ott, Hendrickson, who discussed the proposed project, cost estimate, assessments and project sched the public hearing to anyone wishing to speak. Bob Stu-dslowski, 3305 Donald A#6ue, said he is not against the project, but felt it should be revised. He added that the residents in the****n'* eighborhood are concerned about speed. He suggested a reduced speed limit or Slow Children At Play signs. Director of Public Works Colbert said that numerous requests are received for those signs and he explained the rationale for deciding if a sip is appropriate at a given location. He added that if the use of these signs is proliferating it would detrk"**i from their -effectiveness. Mayor Egan suggested that the residents could petition for a speed study :46 be conUtted on Donald Avenue. Mr. Sbuiislowski suggested a three-way stop sign at the in*t.�ection j>.f.:Fiver Bluff Court and Donald Avenue. Councilmember Wachter stated thft: '-Btcto, limits and the City does not have any control. Mayor Egan said that the City nthyii6kd*:fd-Y :"d- enforce the speed in that area. Mr. Stanislowski also commented that the assessment for River Bluff Court appears too low. Councilmember Awada stated that the properties which are assessed are those that take direct driveway access off the street. There being no one else wishing to speak,..MAyV.0�Ti-.:' closed the public hearing and turned the discussion back to the Council. Councilmemb6i. d that speed appears to be a universal problem throughout the City and she qu"U6iidd how to:"*.'dress it. Councilmembers Awada and Blomquist said they would like to discuss the:W %19 &at the end of the meeting. Councilmember Masin moved, Councilmembei'-'A-'t ric'W':geconded a motion to close the public hearing and approve Project 714 (Donald Avenue - Street Oviihiy) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 t)LDZUSINES8 RECOMMENDATION,:AXR-PORT RELATIONS COMMISSION, COMMENTS TO FEDERAL IKU".A Ncyco MMITTEE ON AVIATION NOISE i' City Administrator Hedges pro%ffdi-d an ov� on this item. Councilmember Blomquist questioned the Airport Relations Com "ij�n's co#i6fent about the Ldn 65 standard being extremely controversial. She said the I.An 65 stand iiO-is-the-figdiirall&,N.:..Mayor Egan commented that he believes every municipal noise or airport group Iiia irtsiiier the 4*4and of 65 Ldn as being an inappropriate measurement for noise and there are measurements that most of these groups consider more appropriate. He said he felt the statement is accurate. Councilmember Blomquist asked about the commi airframe noise and what this refers to. AssLstwil "*:"-:-:';'-' residents are noticing noise affects even wif.k giv aitctir noise is substantially reduced there is stdi-'4rge airframe this may contribute to excessive noise. Councilmember Blc flaps on a plane to lessen the roar durin'.'.& land has been associated with reducing the number offt.---:.N*"!*: comments to FICAN is so they can do reducing safety. on source noise reduction in relation to dministratDr Hohenstein explained that He further explained that although engine �! ling through the air with resistance and Iii-ist stated that reducing the amount of gested; however, there are safety issues fed that the reason for submitting the 14 they can achieve both goals without EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997 PAGE 8 Councilmember Blomquist said that she has a problem with the comment pertaining to compensation for noise impacts in the form;of free airline tickets. Hohenstein stated that the Commission is not recommending this option and he i"iMed that this option was presented in another study in addition to a wide range of other alternatives. Councilmember Awada commented that the statement should be removed in the correspondence4:I;::::;:.::: ::::;:;:• Councilmember Awada moved,.Councilmember Blomquist seconded a motion to approve a recommendation by the Airport Relatiori .Commission to submit comments (omitting the sentence regarding free airline tickets as compensation for noise impacts) to the Federal Interagency Committee on Aviation Noise (FICAN) public forum which is to be held on Tuesday, May 13,1997 at the Thunderbird Hotel in Minneapolis. Aye: 5 Nay: 0 Mayor Egan noted that the City _Qf.f.agan is an important participant with regard to the upcoming FICAN symposium. RECONSIDERATI .�N OF DENIAL - D.R. HORTON CO. FOR GARDENWOOD 06NDS 3RD ADDITION City Administrator Hedges provides :"—ove"rvieiv'tiY4'tMs item. He read a letter submitted by Sienna Corporation requesting the City Council approve D.R. Horton's request for reconsideration. He added that the neighbors were not sent a notice with regard to this request. City Attorney Sheldon commented that the proposal now being submitted by D.R. Horton is different than the proposal the City Council turned down. He clarified that the applicant is asking for permission from the Council to submit a new preliminary plat and proposal and if the changes ar�l'18dest the Council could take action or if the changes are significant the proposal could go ba;.k-.te: e-.F.A tifng Commission for a new public hearing. Councilmember Awada stated that she felt€laiiges'aze modest and should come back to the City Council. Mayor Egan said that the neig44nr's' §till need t+�.e noticed of the changes. Don Patton, D.R. Horton, stated that tltie�*:ijab:* iimt.sv th the neighbors on three separate occasions and they were also contacted regarding tonig2f-s �-:-:-- ng. Kim Kuehn, President of the Eagan Hills Homeowners Association, stated that they did meet with Mr. Horton several times and D.R. Horton did put in writing what they intend to do to mitigate tree loss. She added that the homeowners feel very comfortable with concept no. 1. Mayor Egan said he appreciates theU work. and.e£fnrts of Mr. Patton and the homeowners association. Councilmember Wachter as:alsotif:,htth dxffite between concept no. l and 2. Mr. Patton provided clarification. Councilmember ' "ter ei_ R4ed concern about building on Lot 15 with regard to future settling. Councilmember BIomquist mo:*ei#.be�•�?iwada seconded a motion to accept the applicant's withdrawal of the original pi":'"d'sitSiitii i;:6"f:0 incept No. l as a revised plan. Aye: 4 Nay: 1 (Councilmember Wachter opposed) Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve the Preliminary Subdivision of Gardenwood Ponds r.Addition subject to the following conditions: Standard Conditions The developer shall comply with these by Council on February x;;1993: conditions of plat approval as adopted Al, Bl, B2, B3, B4, Cl, t;:t:>. 1K; 1, and Hl EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997 PAGE 9 2. The developer shall plat the property. G r "dm 3. All slopes shall be construc.t.e.d:to.-A:Snde:pf:3:.I:*r gentler or retaining walls constructed to achieve slopes of 3:11 d areas. 4. The final grading plan sh-iii::depict the existing grades surrounding Pond JP -20.1. Easements/Right of WAX/Permits 5. Public right-of-way shall be dedicated along Northview Park Road to a minimum of 20 feet north of the existing. grrbline of Northview Park Road to accommodate the proposed trail. Parks and Recreation 6. The development shall'404!�ation for the area in which the trail is to be located. The balance shall be made by a cash parks dedication and a cash trails dedication. 7. The developer shall provide the City with a Right of Entry to allow for the construction of the trail. Tree Preservation 8. To require the Tree Prot+�iv:,e':'M e-asures:P'.'' . 4 foot polyethylene laminate safety netting be installed at the Drip Lingp'"-:At-` the.pe i�h i eter of Critical Root Zone, whichever is �-J greater, of significant trees/wd6d1ih.'.,::p.'...J>e.. .... reserved. 9. To require that the developer contact the CftyVbrestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. Aye: 4 Nay: 1 (Councilmember Wachter PARTY REQUEST City Administrator Hedges pro'A&4.*A-- ............ item. 'Director of Public Works Colbert ..w:*n#0s gave a staff report. He suggested that if the request being made is an appropriate use of public right-of-way. Mayor Egan said that he believes this is a great idea which promotes community spirit. Councilmember Blomquist concurred. Councilmember Wachter agreed also but stated that all safety precautions have to be taken Shane Meisner, 1295 Dunberry Circ1O*:":%&f-1k.URed to each of the neighboring homeowners and told them he will not be closing the S Councilmember Awada moved, Councilmember Wa�itter seconded a motion to approve a request to temporarily close Dunberry dkle Oune 13-15) and:`p*'**e*rmit a block party wedding reception subject to the applicant following all sai� 9 the minimum liability and property damage coverage of $1,000,000. Aye: 5 -X EAGAN CITY COUNCIL MEETING h4INUTES; APRIL 15, 1997 PAGE 10 Director of Public Works Colbert asked about the request to allow parking of vehicles on City property at the Cliff Road reservoir site...Councilmembers concurred that parking should be allowed. Mr. Meisner stated that his homi66i;vners insurance will cover individuals while they are in the cul-de-sac and also parked on City prop�erty.i.-::.Th%e.was.4k,.o*on on the amount of coverage needed and if Mr. Meisner would need a rider aW. rs insurance policy. Mayor Egan said that staff could work with Mr. Meisner to assure there is adequate coverage as required by the City's risk manager. Councilmember Wachter asked4bout the possible damage the tent stakes could do to the asphalt. Mr. Meisner noted that the tent'i a self-supporting frame and will be kept in place by weights or secured by ropes if it becomes too windy. AMENDMENT TO THE EAGAN CITY CODE CHAPTER 4 City Administrator Hedges proiided an oypmiew on this item. He noted that a letter was received from Tom Alexander of Larkin , p resenting American Portable Telecom, raising . additional concerns. Councilmember MWh askedifthe item could be continued to the next Council meeting. Senior Planner Freese indicatd d that mosit6if the comments in the letter were brought up at the ' Planning Commission meeting, but she Aare comments in the letter that have not yet been addressed. Peter Beck, representing AT & T Wireless, said that there were two policy issues that staff may need feedback from the City Council on. He noted that this ordinance would not allow for antennas to be placed on apartment buildings. He said that Eagan is the only city that does not allow this. He further said that locating antennas on existing structures such as Ap0ithhent buildings is more desirable than erecting a separate pole. Councilmember Awado.staQ.:5.�7-'-:i&id not have a problem with towers being installed on apartment buildings. Cound4oww, 'asincommented that this is a sensitive issue because an apartment building is someone's ho*.e--'�: ouncilmeniber Wachter added that the issue should be considered at another meeting. Mayor Eg4p1afth d*ea that these additional concerns should have .* ......►er.Ad been submitted prior to tonight's Council me'e*'*t*!:h:':'g�%#-- had appeared at last month's Planning Commission meeting. Mr. Alexander stated that they were not able to submit their comments earlier because they did not receive a copy of the ordinance until earlier in the day. He added that many of his comments were already raised at the Planning Commission. City Administrator Hedges noted that there are some additional comments that need to be addressed by staff. Councilmember Wachter made qohb'ro:this item to the May 6,1997 City Council meeting. Senior Planner Freese indicated: JiAe was pfQjared to discuss the Planning Commission's responses to the applicants' comments.."Se-AVO W.'*%4id:iO4Wj1& would be helpful for staff if the issues were narrowed down so they could addmm�1he1k1V-NftyPr.-. gM suggested staff prepare a response to the letter submitted by Larkin Hoffman addressing each of their concerns. Councilmember Masin seconded the motion to continue the item to the May 6,1997 City Council meeting. Aye: 5 Nay: 0 PRELIMINARY SUBDMSfCW--*&'V AM.­AE - ROSEVILLE PROPERTIES (EAC- BUSINESS'66kMONS) City Administrator Hedges proed an overview oli-this item. Senior Planner Freese gave a staff report Representatives of the applica**W9:pT@"qnt-jn:ft:* ......... . 0-i-dience for any questions. Councilmember Wachter stated that he attended the Lo iiid Dart Transit had expressed concern about a providing a break in the median. Director of Public Works Colbert explained that this EAGAN CITY COUNCIL MEETING MUNUTES; APRIL l S, 1997 PAGE 11 development and Dart would like to have full access to Lone Oak Road with a break provided in the median; however, the County's spacing guidelines do not permit this. He added that the County is looking at the possibility of approving a va'iiance to the spacing guidelines; but they do not appear to be very optimistic. Discussion continued regarding the spacing guidelines and the right -in, right -out access. Discussion also occurred regarding the d?e1;C3't ' .:bf .the:ou to and it was determined that this was provided for in the conditions of approval Councilmember Awada moved,:-'.-.- c lmember Wachter seconded a motion to approve a Preliminary Subdivision to create 4 lots f6i `* dustrial development on 26 acres located at the NW comer of T.H. 55 and Lone Oak Road in the SE Y4 of Section 2, subject to the following conditions: Standard Conditions The developer shall con ij lk with tbete standard conditions of plat approval as adopted by Council on February: 993. Bl, B2, B3, B4, Cl, C2, Special Conditions G1 2. Outlot A shall be combined with Lot 1, Block 1 on the Final Subdivision plat. 3. Prior to Final Subdivision approval, Dart (owner of PID #10-00200-050-78) must sign the application or their property must be remoyi4jtrom. the subdivision and the development plans modified accprdi �Y,i-:- 4. The existing houses alorig:Lhi he Oak Road:within the subdivision shall be removed and their wells capped prior taxis 4=-e of biiilding permits on the affected lots. 5. The grading plan at time of final subc1i�W00: *0* oval shall conform to the final grades of the Lone Oak Road upgrade project as determined by Dakota County. 6. If street access to Lone Oak Road is not allowed by Dakota County, Commers Drive shall be constructed as a cul-de-sac. 7. The Final Subdivision platalt# dicatE:7• :fit of half right-of-way from the final centerline alignment of I:o1 0} k-Ao a :iia termined by Dakota County. The developer shall provide all tempokar.' constr tt- -On easements necessary to accommodate the reconstruction of Lone pa}c Road. Restricted access along the entire length of the development adjacent i ; one Oaklk6ad shall be dedicated on the final plat, except in the area of the access for CQftxt0&V- fixre:::::::::•:::• 8. The developer shall obtain adequate drainage and ponding easement for the proposed pond in the northwest corner of the development from the adjacent property, Lot 4 of the Robert O'Neill Homesteads Addition. This easement shall incorporate the calculated high water level of the pond plus .three feet. 9. The development shall ponding and supplemental cash dedication requirement4ully meet wateiiitality mitigation obligations. 10. The City shall issue ex6iotions from regulaiM' under the Wetland Conservation Act for the two potential wetlai areas:a iki:iLwi:portion of the site. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 1S, 1997 PAGE 12 11. The developer shall fulfill tree mitigation requirements by: a) installing 70 Category B trees (or some combination, of Category A, B, or C trees to equal 70 Category B trees), in addition to any approv6d:bndscape requirements; and b) provide a cash mitigation in the amount of $20,184.W,*.'.*- ... ....... 12. The developer shall pro�iWft Or'41-Wiilk ping on Lot 3, Block I to achieve 75% solid screening in front of the'rlo _*�a. Parl:irig nd around the two northern most detention ponds. 13. The developer shall submit a revised landscape plan for staff review indicating the location, species and size of the mitigation trees and shrubs. The revised landscape plan shall be approved by staff prior to issuance of a building permit. 14. The developer shall inst :.tree protective measures (i.e. 4 foot polyethylene laminate safety netting) at the chV6 .e or aij.th'.* ..e perimeter of the Critical Root Zone, whichever is greater, of the significarik'Uees/wO�.'�-.ds to be preserved. 15. The developer shall at least five (5) days prior to the issuance of the grading peii":*' t"';qg sitk Qiagjiance with the approved Tree Preservation Plan. Aye: 5 Nay: 0 Councilmember Awada moved, Councilmember Variance to allow buildings and parking within the across the street from an R, A, or P district, sHbi� d"I I No trucks or loading Block 2. Aye: 5 Nay: 0 t seconded a motion to approve a yard required where an I district is condition: on the east side of the building on Lot 1, Councilmember Wachter moved, Mayor Egan seconded a motion to approve an advisory request for Dakota County to consider providing a median break for full access for Dart Transit and Eagan Business Commons. Aye: 5 Nay: 0 TIF DEVELOPMENTAitn,LE PROPERTIES NORTHWEST EAGAN REDEMD- ENT T ..... AX INCREMENT FINANCING DISTRICT (EA6�N BUSP46S COMMONS) X. City Administrator Hedges provit#ed an ovCi view on this item. He introduced staff members and other individuals who were to develop this agreement with Roseville Properties and acknowledged their hard woikiaini*iff "ifforts. Councilmember Awada asked how much money is available from the TIF District. Assistant to the City Administrator Hohenstein explained that this portion of development will generate approximately $2.1 million. Mayor Egan said-#.mt:D0iPz'--.0zment has a bill before the legislature that is questioning the use of TIF and implying tb..�.i::j . p 34:is being ignored in determining appropriate uses for TIF. Hohenstein stated that the on the bfilnfti-test was made at the time the district was originally formed and this is an activity4it the district. '111ti-::'explained the purpose of the City's annual local contribution. Councilmember Ma*b*-;:added that Dennis.-Pzment was at the Dakota County League of Governments breakfast and he coM ... .03Rn.!�e the Jai*,an on how well it uses TIF. ..... .. .. ....... . . ....... EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997 PAGE 13 Councilmember Masin asked if the 100 -year old house in the area has any historical significance. Councilmember Wachter stated there was no salvaging this house. Councilniember Blomquist mov40 Councilmember Wachter seconded a motion to approve a resolution authorizing activities in tax increment 4i5tnct #3 and approving the development agreement and tax increment note for acquisition adevelopment of the Eagan Business Commons. Aye: 5 Nay: 0 Councilmember Blomquist said :would like pictures of the 100 -year old house taken prior to it being torn down Daniel Commers, Roseville Properties, thanked the Council and said this will be a nice project and he stated that staff did an excellent job working with them the last three months. He commented that he has worked in most municipalities inA& Twin Cities, Florida, Colorado and also the City of Des Moines and he has not had a better relatldnship ffiiiOe has had here in the last three months. He further said they look forward to working with i6'City ariii:tioing other projects. JOINT POWERS A..�t,,aRE9N[ENT-.•;DAK.QTA COUNTY HRA NORTHWEST EAGAN REDEVFINANCING DISTRICT, ACQUISITION AND RELOCATION SERVICES City Administrator Hedges provided an overview on this item. Assistant to the City Administrator Hohenstein said that staff feels the contract cost being requested by Dakota County HRA is fair and reasonable. Councilmember Awada moved, Counc-ft—i m–bet;M" 'in seconded a motion to approve a joint Powers Agreement with Dakota County. :A:':to,-Pibviao*cquisition and relocation services as necessary for the Northeast Eagan redevelopment4iri . * . g distrid€:;: Aye: 5 Nay: 0 City Administrator Hedges commented tha-titiffAid:enjoyed working with Roseville Properties' development team and he thanked the staff for their hard .as well. Mayor Egan expressed his appreciation for the work of Steve Rosholt, bond counsel from Faegre and Benson and Dave MacGillivary, fiscal consultant from Springsted. CONSOLIDATION OF ORDINANCE NO. 205 - OFF-STREET City Administrator Hedges provid�d:ii �verviov:&:this item. Councilmember Awada stated that the purpose of this ordinance was ta:p ovide'eitmparkii g lots. She said that this ordinance needs to be tightened up and more defined. Cit�-Aitorney Sidon noted that if the Council provides direction changes can be made to the ordinance. CCcwmcilmgn�er Awada added that she wants the ordinance to allow items such as parking lots and ower storWi: tmder conditional use permits so long as the use is servient She further added that she wgi:i3c t ortafCo provide the Council with flexibility and discretion to make decisions on the appropnateriess oI tiii4iioo'r'storage to ensure that it is compatible with the surrounding land uses. Councilmember Blomquist referred to the minutes when Ordinance 205 was adopted and stated it is clear that the Council never intended to lighten up on outside storage. She agreed that the ordinance needs to be tightened up. City Attorney Sheldon said that th i? V -b*: :staff to draft the appropriate language for Council's review at the April 29 work sess3d2J and then if :be presented to the Planning Commission at their May meeting. EAGAN CITY COUNCIL, MEETING MINUTES; APRIL 15, 1997 PAGE 14 _ . ..._. _ GISLATIIIyTERGO'AI.3AFFAIRS City Administrator Hedges notes#:fat he has had discussions with Representative Pawlenty regarding the road connection fee charges and it does not appear that there will be any legislation presented this year. He said that it would be Apzq�riate to approach legislation through the committee process both in the Association of Metrc- z':Qaxi:4ii:i dj l l es end the League of Minnesota Cities. He further said that the matter regarding pa liaek oi' fees"vvfl �b4oing in District Court for possibly up to a year. City Administrator Hedges stated that he and Director of Public Works Colbert attended a meeting last Friday to discuss some issues regarding the TH 13 corridor. He further stated that it was decided that members of the legislative delegation should be asked for their help in approaching Mn/DOT. He commented that he appreciates Colbert's work on this issue. Councilmember Wachter asked if a request will be made to Mn/O& for accgss to 494. Colbert stated that Mn/DOT has indicated the access issue is under Metropolitan Ctj:':*cil cori iol. �.STR�,3'IVE eiGENDA CARRIAGE HILLS/RAHN A6$'9WW ? C*A -""*'**1'*' " is* ETTLEMENT -PROJECT 638 This item was moved to the Consent Agenda. GOPHER ASSESSMENT APPEAL SETTLEMENT - PROJECT 638 This item was moved to the Consent Agenda,,.::::.::.*:::: ' PROPOSED LEGISLATION/Ci'... to # OF 911 EMERGENCY DISPATCHERS City Administrator Hedges provided gp.#V.eryww on this item. Councilmember Awada moved, Councilmember $l6*uist seconded a motion to adopt supporting the classification of 911 emergency dispatchers as essential employees and to direct staff to communicate that position to the City's legislators. Aye: 5 Nay: 0 VACATE PARTIAL PONDING EASEMENT - LOT 25, BLOCK 1, CANTERBURY FOREST Director of Public Works Colbert;g vi2:i;*ff.F jp Councilmember Awada movedIviayor Eg�itiseconded a motion to receive a petition to vacate a portion of a ponding easement over Lot:25, Block 4 ;Canterbury Forest, and schedule a public hearing to be held on May 6,1997. Aye: 5 Nay::::;:: AUTHORIZE SOLICIT,4'I ION'Oft iNEERING PROPOSALS INVER GROVE HEIGHTS,/EAGAN JOINT WATER TOWER Director of Public Works Colbert gave a staff report Councilmember Masin asked if it would be appropriate to authorize this before the global. t p!.?wers agreement is passed. Councilmembers Wachter and Blomquist concurred. Colbert**""*"***I:�t�3:-ttat: t#t.are other sues available to locate the water flower on; however, he said they are not:ij$-*&6nom1cal or U.0ficient as the site in the southeast area of Eagan He further noted that if the Cot6"'would like the b iYcer to be built closer to existing Eagan residential properties other sites could beexplored. He clarified that this is only a request to solicit proposals from engineering firms and the process need. tQ bin now if a tower is to be on line by June of 1998. EAGAN CTI Y COUNCIL MEETING MINUTES; APRIL 15, 1997 PAGE 15 Councilmember Blomquist stated that she feels other sites should be examined providing the City Council with other options. Director of Public Works Colbert said that he would like to have an engineering firm secured for this project W6rder to meet the schedule and provide an adequate water supply by the summer of 1998. Mayor Egan asked where the Citjt t ji�i ie �i 16 0JOInt powers agreement with Inver Grove Heights. City Attorney Sheldon said that tie 'revised"agieeinent should be ready by tomorrow. Councilmember Awada asked Covdicilmembers about their opinion of the joint powers agreement. Mayor Egan said that no Councilmember has indicated they want to change their vote from before. Councilmember Awada stated that the Council needs to make a final vote on the joint powers agreement. Councilmember Masin moved, C,OAncilmeRk ±er Awada seconded a motion to authorize the Public Works Department to solicit Requots for PrApAsals for professional engineering services for a 1 MG hydropillar water tower, site unspedSAye: - :Nay: 0 Bill Heine, 1480 Diffley Road, stated that he and his sister, Laura Burbach, 1490 Diffley Road, were late for the public hearing for Project 715 and asked if they could still have an opportunity to present their concerns. He said they do not have access to Heine Strasse and they object to the proposed assessments for Project 715, Heine Strasse (Street Resurfacing). Councilmember Blomquist said the reason she voted no on this item was because these two prgP.e"Y- owners do not receive any benefit. She added that the City has not done enough to keep up.r:t:iiaintenance of this road. Mayor Egan noted that these tw-6- — peities shoi 1d be deleted from the assessment and the other assessments should remain at the same an1g1mt:fts was approved during the public hearing with the City absorbing the difference. Councilmember Waeliterf�ed that if Lot 2 connects in the future it would have to be assessed. City Attorney Sheldon commerifei�:th$#:#die.only way to require the property owner of Lot 2 to pay in the future would be to have an agreement':" them. Director of Public Works Colbert noted that these properties were assessed when C.R. 30 was upgraded. Councilmembers concurred that they should be deleted from the assessment on Heine Strasse. Councilmembers Wachter and Awada concurred with the amendment to their earlier motion with the understanding that Lots 1 and 2 wQA*--deleted.;Qm.the assessment with the amount of the assessment to each of the remaining 14 pdn#s:iii3i tp:eiec#;4/t'2'61h of the assessable cost. Councilmember Masin asked wliy'these trvo*-pioperty owners were included as part of this assessment. Director of Public Works Cv� indic*W. that this issue was brought up when the feasibility report was presented a month*go.alW..tij�fuer. Rn.by Council was to include all properties in this neighborhood in the assessment. C l eei.... ti;st said that the Council must be able to 1.show benefit to homeowners who are assessed. . . . . . . �IJ�!!�]TABLE Senior Planner Freese referred to thp.;etoi#it review survey and they said they will be printing the survey and sending it out to gpp�itiiftfsVliAplied during 1996 and those who have applied to date in 1997. She also referenC�#:a memo requ66r-'ig guidance from the Council regarding zoning of the south 80 acres of Eagandale corporate Center 13c�: 2. She said that City Attorney Dougherty stated that if the Council deemed it apptii hate to initiate a rd6ning they should initiate it on the entire 80 acres rather than just the perimeter1pts;.CounanruRaib��.ifasin asked if this area is still under consideration for the central park. Co uz #lii}gxt : t ,a it f l lied that this site is not feasible for the central park because it is too expensive. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997 PAGE 16 Councilmember Awada moved, Councilmember Wachter seconded a motion to initiate rezoning of the southern 80 acres of Eagandale Corporate Center No. 2 from I-1 to Business Park with the Advisory Planning Commission to hold a public hng May 27,1997. Aye: 5 Nay: 0 Councilmember Awada asked about•t1e.Bie# x.pragerty and if a request had been initiated by the Council to change the zoning or make age::.Cy# Administrator Hedges noted that there is an application before the City Council for,`f -ds pr&1W : ` He commented that the applicant and the landowner know the Council's intentior Was to designate the development of this area as single family homes. City Attorney Sheldon noted that there would be an Executive Session following the Council meeting to discuss pending litigation and labor negotiations. Councilmember Wachter asked:a�Out the sigm that have appeared in the City regarding losing weight. He said he is opposed to theseigiis and i>xir�er said they should be removed. He also asked if the schedule of cellular antennas is to be�; 6ched fQ .fie new reservoir. Director of Public Works Colbert explained that there are lease agreements"Wvith thr6i:different vendors on five different reservoirs and there are also two new vendors awaitin&:€tteApsp];4#Mprgcess: Discussion took place about the painting of the logo and the location of Councilmember Awada stated that the Council should discuss the appropriate placement of Children at Play signs. She further stated that the engineering warrants differ from human assurances. She said that if the warrants are going to be adhered to at all times other alternatives to address speed issues should be explored. Mayor Egan noted that the Coun.Ci ;Jheeds to be somewhat flexible in the standards that are applied. Councilmember Awada. c6Mi ** j�itea that the criteria should be evaluated and determined if they are too narrow. Counrpmwi iier:$Io 4uist said that she had a request to address the problem of youth speeding on Yorktow ti IbA 'She sug sted that the Police Department should be involved in identifying solutions to address•tlte:problem:•of speeding in residential neighborhoods. She agreed that the criteria should be changed td-'ff#he:itji*ds:.. . Councilmember Blomquist moved, Co uncilmembet'A*ada seconded a motion to discuss the problem of speed in residential neighborhoods and identify options to address the problem at an upcoming Council work session. Aye: 5 Nay: 0 Councilmember Masin commented on the Teen Speak Out meeting held on April 13 and noted that the next meeting will be held on May 4..-5.1W.said a reg4 w:of all the issues that were raised will be discussed at the Council work session or}:ik sail 4ifa�mber Wachter asked what the meeting accomplished. Councilmember Masin 0.4' ned tib€:leen programming and a teen center were discussed. Councilmember Wachter n6fird that the City has tried three teen centers already. Councilmember Masin clarified that th6W topics ;be further discussed at the next meeting. Councilmember Blomquist stated that s; *-ha&4n.,V iajntmentinade with one of the clergy in town to discuss this subject She further stated j ia€: p.... :occur with representatives of the schools and the clergy to involve them and avoid duplication of something that is already being provided to teens. Councilmember Awada said that the meeting for May 4 has already been set. Councilmember Masin mentioned that the teens were informed that the meeting was just an opportunity for them to express their ideas and not a wish list. City Administrator Hedges noted the various items to be discussed at the April 29 work session. Count ierii ier 3►!Sasm said that the City is not providing enough opportunities for teens. Councilmember ,Blptt�igiifst'iddt# :$kat if Councilmember Masin wants to conduct this meeting on May 4 she will be on hei t}jii3i and further'Wed that the Council never agreed to anything collectively. Mayor Egan commented that the meeting on May 4 should be sanctioned and after that meeting the Council should resolve:tfe issue. Councilu»ber Blomquist stated that no further meetings should be set until the Counc!I.*.4 des. t•duei:ti it they want to take. EAGAN CITY COUNCIL MEETING MD&F ES; APRIL 15, 1997 PAGE 17 Councilmember Blomquist informed the Council that no changes in flights are anticipated with the purchase of Express Airlines by Northwest. She commented on notification received about outside storage being considered at a house on 1�Qt.Knob Road. City Administrator Hedges stated that staff has received a couple of letters regarding gerwal maintenance of residential properties. He added that the City of Burnsville imposes certain restrictiaps.xegpr&g.general maintenance of residential property. He further added that staff is beginning to r6i�rie;e .citll;si;ciing maintenance issues and at some point that will need to be addressed. Councilmember Blomquist said That the Miller's received a letter from City staff stating they have to respond to the landscaping plan proposed by Johnson's Richfield Blacktop by May 1. She added that the date should be pushed back and the outside storage should be addressed. Senior Planner Freese indicated that staff is trying to bring closure to the landscape plan. Mayor Egan said that he would like to see compliance as soon as possible unless there is a legitimate reason for a continuance. Freese stated that there was a condition of approval that indicated thakthe landscaping plan was to be negotiated between the Millers and the Johnsons and the Mics have "responded to the plan yet. City Administrator Hedges added that a summary of the ac6i5� and thii':"rs to date could be provided to the Council in the Informative Memo. Councilmember Blomquist comieriect iii #fie'riiifi45sonal Service Agreement proposed by Northern Environmental in regard to lead sampling. She added that it should be known where the lead samples are to be taken and what the legal ramifications are. She further added that the cost is excessive and she suggested that bids should be received for tiffs work. City Administrator Hedges restated the Council's direction that staff should look at a couple of other firms and get cost estimates and indicate where the samples are to be taken and what the legal ranoca. ions may be. Councilmember Masin asked if the £ity t iiz :An advisory commission agendas could be placed on Channel 16. J•• {$T1rR Councilmember Wachter moved, Mayor Egan secbi a motion to approve the check register dated April 10, 1997 in the amount of $1,417,940.20. Aye: 5 Nay: 0 Councilmember Blomquist had some questions on the bills. LTRNMEKT The meeting adjourned at 10:20;0. itK to arta et tive Session. Date City Clerk MLK If you need these minutes in an alternative form ,su�ciyjsg�rint, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 5514-*kk2j:DDphone: (612) 454-8535). The City of Eagan is committed to the poli cy:ffiet all persons have - al access to its programs,services, activities, facilities and employment without regard tp.T41:e, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with rej $r'd to public assistance:::*: Subject to Aeproval MIM•QE .J4.•::. SPECIALl''Y:C31f:II ET NG APRIL 15, 1997 EAGAN, MINNESOTA A special meeting of the_Eagan City Council was held on Tuesday, April 15, 1997 in the lunch room of the Municipal Center Buildiftg beginning at 5:00 p.m. Those present were Mayor Egan and City Councilmembers Awada, Blomqui4.-':Masin jjid Wachter. Also present were Fire Chief Jensen, Director of Finance VanOverbeke, Dire�or of Ratlis and Recreation Vraa, Director of Public Works Colbert and City Administrator Hedges.:::fie purpose of the meeting was to review preliminary drawings and cost estimates for a new Fire Admin{sttion; .Iuildi�lg;;and.;. consider options for the improvement of Rainier Lane. FIRE ADMINISTRATION BUILDING City Administrator Hedges stated that the Fire Department Executive Committee has been meeting on a regular basis with the architectural firm of.BGarman, Kroos, Pfister, Vogel & Associates to review preliminary drawings and cost estimates for.a.pdjl *; i e Administration building. Mr. David Kroos of the architectural firm stated that along.. ' Department Building Committee, they have reviewed all the space needs and progr*M': heads"fo determine appropriate office space, meeting space, training rooms, basement for storage ab'd`the:24 hour:: mbulance living space for storage space. He further stated that after examining the prog ein:efetr►. _nts,,it was necessary to design building options that would fit a tight piece of property. City Councilmemter!?ivaa.asked about the elevation of the proposed building in relationship to the residential subdivision locaiect4i itiediately to the west of the project. Paul Mickelberg also representing the architectural firm, provided drawings for a single level and two story building and how each impact the elevation surrounding properties. He provided further review of the each of the three options stating that plans varied from one story to a one story offset to a two story with full basement and a two story with no basement. He further spoke to the barriers and plusses and minuses for each of the plans: City Councilmember Aij ijl i asked:OW' ut the use of ramps as opposed to the installation of an elevator and also could the City eliminate a portion of the ambulance space to scale back the square footage of the building. City Councilmeo"r Wactfir-asked if there are any alternatives for location of the ambulance and, further, what site is be4:;ss�#ted:fic;33:sairxbtt#ance in the community. City Administrator Hedges stated that he was not aware of bites ilia awe could occupy and that the central part of the City which is the Wescott/Pilot Knob intersection is the most suitable location for the ambulance facility. Paul Mickelberg further presentect.ffie two story proposal as the preferred option and explained all three levels in detail, includi 4.':ttiE::;ftitf::�asement. He stated that this plan best fits the property to accommodate the parking lot;;: sf 'distdrW;.of existing trees and compliance with other City development standards. Mr. Mickeli tg further addre' "the training room options and other details about the two story proposal. Eagan Special City Council Meeting April 15, 1997/Page 2 City Councilmember Masin asked if the City were to consider in the future a full-time Fire Department, would the building be adap4lb!g for that purpose. Fire Chief Jensen stated that if the building is ever needed for full-time fire purposes;_ #tie office space, training room and sleeping quarters that are proposed for the ambulance function would -VI be adaptable. Paul Mickelberg, repres :t?'aiifti#.ttiad that there are three price scenarios to review. He stated that site option number one,'a i2,*W 'sgii�ire foot building proposal with no basement and a reduction of programs in the amotih t:of $1,494,045; site option number two, a 14,060 square foot building with no basement at $1,804,407:arlid site option number three at 17,873 square feet and contains a full basement and satisfies the entire program needs and future expansion for the Fire Department at $2,114,251. City Councilmember Awada asked about the budget that was set for the project. City Administrator Hedges stated that the:,-*—*liminary:.budget for the project was $1.5 million. City Councilmember Awada then asked abok iltematiW :sites suggesting that it might be less expensive to design and build a single level facility oii part dithe municipal campus or another site location, City Councilmember Wachter stated that it wavhis knot iWt ge that the site for the Fire Administration Building was determined by the City Council to be.aj• .�tlfespatt(PJlot-Kr ob site during 1996. City Councilmember Hedges researched the May 1996 minim:*0,I'defiibliri. ned that demolition of the existing Fire Administration building with a new building at that location was the site agreed upon by the City Council. Paul Mickelberg stated that it was his opinion that a one story building with potentially more site development would not create that much savings over the building designed at the existing site. He further stated that quality is also an issue if the building is to be a gateway and consistent with the Police and Municipal Center complex. City Councilmember Wachte[.tei#gtiality is important for the number of years the building will be used by the Fire Depart :a:trrif; mnvMity. He further stated that the City should not build anymore public buildings without a k1l"basement wti h, in his opinion was a mistake when the Police Department Building was designed wi#houti:mett,. 'City Councilmember Blomquist stated that she was in agreement with Councilmember WachteVait� -,.'>t-igl-ding a full basement. She further asked if there are some potential reductions such as furniture.. : puncilmember Blomquist stated that she would like the building plans revised, with some cost reduction'; however, again emphasized the need for the full basement. Mayor Egan stated that the number of square footage is not the problem, it is the cost per square footage. Fire Chief Jensen stated that in order to meet the program needs for both training and administration, the basement and ambula :API jre woul¢::t d to be eliminated. Any other change to square footage would require more exp�tvrr irr,ftse_iruttirra if the program needs are not met at this time. Both City Councilmemb* WachW"**:Ond Blomquist suggested that as an alternative the space over the ambulance base bel:;: �iv0h:::'C-b" -x*OI .R : for administrative office space. City Councilmember Blomquist stated that tfitis *iii.: if Vii:: &Ilt�W::Ihe overall footprint of the building to be reduced providing some cost savings. Mayor Egan stated that he would like the architects and Fire Executive Committee to look at a redesign with approximately 11,000 square feet, retaining the basement. City Councilmember Awada asked..# ;the building could be redrawn without a basement but to include the shell over the ambularlq:gd:::iil;:#iat space for storage. The architect, Paul Mickelberg stated that without a basement; :.I.O'-tieatirtg::a ;;t;ooling systems would need to be located in the shell above the ambulance bay, consbgiibntly, there woci be no storage or office space. Eagan Special City Council Meeting April 15, 1997/Page 3 After further discussion and guidance by the City Council, City Administrator Hedges recapped the direction to the architects which includes a redesign, at approximately 11,000 square feet plus a full basement, a shell over the g* a ambulance bay areas that would shrink the overall square footage of the two story building as desiofl d and to look at other means of cost reduction including, but not limited to, furniture. Mayor Egan stated.this;.capturee.ttw..direction given to the architect and executive committee. City Councilmember Awadasfes#ifttti::fittlij;.for construction be further reviewed. She stated that if there would be a cost servingsl r a.delaji mio1'1-998 and to prevent winter construction, that should be given consideration. The arcO cts stated they would include this in part of the options in their evaluation. Mayor Egan stated that thigAWrn should be placed on a work session for either April 29 or May 13. RAINIER LANE Director of Public WorkiColbert stated that the City Council received a petition from four of the six property owners abutting Rairiiet Lane, fb uesting the paving of Rainier Lane only. He stated that after completing a feasibility report axial cost estimate, there are some cost benefit issues that need to be addressed for direction by the Citi:::Council ::: Due to time restrictions leading to the need for adjournment. Mayor Egan stated that this.:item:would. he.co.r4sjdered at the end of the regular City Council meeting OTHER BUSINESS There being no Other Business, the meeting was adjourned at 6:25 p.m. Date City Clerk TLH Agenda Information Memo May 6, 1997 Eagan City Council Meeting ONSENT AGENDA The following items referred to as consent items require 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 Old or New Business unless the discussion required is brief. A. PERSONNEL ITEMS Item 1. Part-time Building Maintenance Worker— ACTION TO BE CONSIDERED: To approve the hiring of a person to be recommended as a part-time Building Maintenance Worker, subject to successful completion of the City's physical examination requirement. FACTS: Interviews for this position will be held Monday, May 5, 1997. It is possible that a name of the person recommended for hire for this position can be furnished to the Council for their Tuesday night meeting. However, if reference and background checks take longer than a day, this will not be possible. Therefore, because we need to hire a person for this position as quickly as possible, staff is requesting that Council approve the hiring of a person to be recommended. Item 2. Seasonal Part-time Concession Workers -- ACTION TO BE CONSIDERED: To approve the hiring of Nora Flueger, Deborah Buntjer, LeiLani Fishcer, Julie Beecher, Lisa seine, and Martha Buyck as part-time seasonal Concession Workers. tem 3. Seasonal Forestry Workers-- ►CTION TO BE CONSIDERED: 'o approve the hiring of Andrew Hoveland, Dianna Bolander, Stanley Schneider, Marc Shippee, nd Michele Weinzed as seasonal Forestry Workers. s Agenda Information Memo May 6, 1997 Eagan City Council Meeting Item 4. Seasonal Parks Maintenance Workers -- ACTION TO BE CONSIDERED: To approve the hiring of Nathan Hauenstein and John O'Toole as seasonal Parks Maintenance Workers. Item 5. Seasonal Park Attendants— ACTION TO BE CONSIDERED: To approve the hiring of Katie Konat and Nicholas Torrini as seasonal Park Attendants. Item 6. Seasonal Part-time Nature Instructor— ACTION TO BE CONSIDERED: To approve the hiring of Sandra Gavin as a seasonal part-time Nature Instructor. wo, Agenda Information Memo May 6, 1997 B. PROCLAMATION OBSERVING MAY 15 1997 AS FAIRFIELD SUITES DAY ACTION TO BE CONSIDERED: To approve a resolution proclaiming May 15, 1997 as Fairfield Suites Day in the City of Eagan. FACTS: • May 15, 1997 is the date of the grand opening of Fairfield Suites in the City of Eagan. • A request was received of CSM Corporation, developer of Fairfield Suites, to proclaim May 15, 1997 as Fairfield Suites Day in the City of Eagan. ATTACHMENTS: • Proclamation on page CITY OF EAGAN PROCLAMATION FAHME-LD SUITES DAY MAY 15, 1997 WHEREAS, the hotel business in the City of Eagan is vitally important to economic development and provides a necessary and essential service to visitors of the City; and WHEREAS, Fairfield Suites is a new hotel opening in the City on May 15, 1997 and will contribute to the overall viability of the travel and tourism industry; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan proclaims May 15, 1997, as Fairfield Suites Day in Eagan, MN. Motion made by: Seconded by: Those in Favor: Those Against: Dated: CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk 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 6" day of May, 1997. E. J. VanOverbeke, City Clerk Agenda Information Memo May 6,1997 Eagan City Council Meeting C. FINAL SUBDIVISION - KINGS WOOD POND FIRST ADDITION ACTION TO BE CONSIDERED: To approve a Final Subdivision for Kings Wood Pond First Addition consisting of 22 lots and two outlots located on the west side of Pilot Knob Road in the NE'/4 of Section 21 FACTS: The Preliminary Subdivision and Preliminary Planned Development were approved by the City Council at its regular meeting on February 20, 1996. A Development Contract, Final Planned Development Agreement, and Financial Guarantees have been reviewed and are in order. These items will be ready for execution on. BACKGROUND/ATTACHMENTS: (1) Plat map, page_��. 0 M co 1:4 0-4 t • s i �� a "i!+ '� !•`=wry v1"ti �''k+r �'� �� .a,.�` �■ •'' ' ' KM N u - AV. IQ AMM .v ..iri — l—r�•ilL t .=../f:Rdl N I ; I � - �• �-r� i ~a ..__ lad � • . n - a . t. ` x'111 � �:�' �c �— — 00" I � ms`s •M *� f���-.�-s-� i,.�,�.: ;.-��-'=_ � dl,1 I � lT•+,S _may.'►r _� ..�ti .` � wl I i �,•.i i roe 81ir.: I Efi I I � I J i r� C— W w I •rra. vw � ;s n 7 s; � � I z � I o I—, � n _ f o @s ¢ t !I=? Cup I f Y4 t ' 1 f► �b - • i " Nl. ti �1; F ■e •rra. vw ✓. � ;s n 7 � � I z � I o I—, � n _ f o ' 1 ' r.•�"w �I �1; F ✓. Agenda Information Memo May 6, 1997 Eagan City Council Meeting D. SCHEDULE PUBLIC HEARING, PROFESSIONAL PLASTICS INC., MINNESOTA INVESTMENT FUND APPLICATION ACTION TO BE CONSIDERED: To schedule a public hearing for Monday. May 19, 1997 to consider a submittal to the Minnesota Investment Fund for a low interest business loan for Professional Plastics Incorporated to support its relocation and expansion to the intersection of Yankee Doodle Road and Mike Collins Drive. FACTS: At the recommendation of the Economic Development Commission, the City submitted a Part I application to the Minnesota Department of Trade & Economic Development for a business assistance loan for PPI for its relocation and expansion within the City of Eagan. Consideration of the loan request by the State is contingent upon the preparation and submittal of a Part II application, including detail concerning the company and the project. This submittal requires a public hearing and resolution by the Council. With the 1997 building season, the company is planning to move forward with its project and is finalizing financing, including its SDA 504 approvals and support information for State funding. Given timelines for completion of the application before the end of the State's fiscal year, the Part II application will come directly to the City Council at the suggestion of the EDC Chair. Detailed information concerning the application and the .staff review will be provided with the public hearing background. Agenda Information Memo May 6, 1997 Eagan City Council Meeting E. APPROVE PURCHASE AGREEMENT HIGHWAY 55 TIF REDEVELOPMENT DISTRICT GARY & BEVERLY KAJOR 835 LONE OAK ROAD ACTION TO BE CONSIDERED: To approve the purchase agreement for the Gary & Beverly Kajor property located at 835 Lone Oak Road as a part of the activities of the Highway 55 TIF Redevelopment District. FACTS: • At the direction of the City Council, the Dakota County HRA has begun the process of appraising and negotiating acquisition costs Nvith residents along Lone Oak Road whose properties will be incorporated into the Eagan Business Commons plat and the expanded Lone Oak Road. * The purchase agreement has been negotiated with the first of the property owners, Gary and Beverly Kajor at the above -referenced address. The HRA has prepared the purchase agreement in consultation with the City Attorney's office. The purchase price is based on an appraisal of $87,500 for the property and federally mandated relocation assistance in the amount of $22,400. The total of acquisition and relocation costs will be $109,900 and usual and customary fees under the terms of the agreement. The HRA is in the process of performing similar negotiations with other property owners and additional purchase agreements are expected to be brought forward to the Council in short order. l3 Agenda Information Memo May 6, 1997 I me J alit 1 -,a .�1 ACTION TO BE CONSIDERED: To receive preliminary findings, determine economic unfeasibility and cancel Project 717 (Rainier Lane - Street Improvements) FACTS: • On December 26, 1996, City staff received a petition from four of six abutting property owners requesting the paving of Rainier Lane within the Country Home Heights subdivision. This petition was presented to the Council at their meeting of January 7 and staff was directed to prepare a feasibility report defining the scope, cost and financing of the proposed improvement. • On August 7, 1990, the City Council denied Project 595 which provided for the installation of storm sewer facilities within the entire Country Home Heights subdivision as petitioned for by several property owners. • On November 20, 1990, the City Council also denied Project 605 which provided for street and storm sewer improvements within the entire Country Home Heights development as petitioned for by several property owners due to estimated assessments of $10,000 + per lot. • The preliminary engineering analysis for Rainier Lane only, estimates that the cost to improve this street to City standards with concrete curb and gutter and bituminous surfacing is approximately $67,000 ($11,000 - $13,000 per lot). Storm sewer to serve Rainier Lane was estimated at $71,000 of which approximately $18,000 is attributable to Rainier Lane with the remaining $53,000 providing benefit to a larger drainage district within Country Home Heights. The storm sewer would cost approximately $3,000 - $4,000 per lot. • A preliminary pre -project appraisal indicated that assessment revenue probably would not exceed $18,000 - $25,000 resulting in a City financing obligation of $113,000 - $120,000. • At the special Council workshop meeting of April 15, City Council reviewed this information and directed staff to present it at the regular meeting of May 6, for declaration of economic unfeasibility and consideration of formally cancelling the project. ATTACHMENTS: • Notification letter, pages through . On December 26, 1996, the City staff received a petition from four of the six adjacent property owners requesting that Rainier Lane be paved. When this petition was presented to the City Council at their regular meeting of January 7, 1997, the staff was directed to prepare a feasibility report estimating the cost of and financing options for this public improvement. A preliminary feasibility report estimated that the cost to improve Rainier Lane to City standards with concrete curb and gutter and bituminous surfacing would be approximately S67,000. The cost to install a storm sewer system from Country Homc Park to Rainier Lane to collect the drainage from the eastern half of this street was estimated at $71,000 resulting in a total public improvement cost of approximately $138,000. These estimates include not only the construction cost but also the engineering design, contract management, legal/bonding fees, etc. With only Potentially six property owners receiving direct benefit from this public improvement, it was estimated that special assessment revenues would be able to generate only $20,000 - $30,000 resulting in the City's general tax fund having to finance approximately $115,000 i dollars. After reviewing these costs, the City staff believes that this project is economically unfeasibie to do on a small piece meal basis for Rainier Lane only, The significant amount of the storm sewer cost would eventually benefit other portions of Country Homes heights if, and when, those streets were also brought up to City standards. This would require expanding the scope of the project beyond just the Rainier Lane request. In August and November 1990, the City Council held two public hearings (Projects 595 and 605) to address the need for storm sewer and street surfacing respectively within all of Country Home Heights. As a result of the objections raised at these public hearings, City Council subsequently denied both previous projects. With the estimated costs of the Rainier Lane improvement exceeding the 1990 estimated costs of approximately $10,000 per lot, it is questionable whether the properties could be proven to benefit in the amount of the proposed assessments for this most recent proposal. Subsequently, it would require a significant contribution from City funds to improve just Rainier Lane MUTMIUrAL CENTER 3830 PILOT KNOB ROAD EAGAN. MINNESOTA 55122.1897 PHONE. (612) 681-4600 FAX: (612) 681.3612 TDD' (612) 453.8535 THE LONE OAK TRE: THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY E ;unl Gpportunity/AtfiTf ion Emplaver MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN. MlrINESCTA 55122 ,HCNE (6;_)681.4300 'AX (612) c 1-4360 L'1' ,012; _U-8535 THOMAS EGAN Movor PATRICIA AWADA SEA BLOMOUIST April 28, 1997 SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrator RE: PROJECT NO. 7179 RAINIER LANE - STREET IMPROVEMENTS OVERBEKE C v c Clem Dear Property Owner: On December 26, 1996, the City staff received a petition from four of the six adjacent property owners requesting that Rainier Lane be paved. When this petition was presented to the City Council at their regular meeting of January 7, 1997, the staff was directed to prepare a feasibility report estimating the cost of and financing options for this public improvement. A preliminary feasibility report estimated that the cost to improve Rainier Lane to City standards with concrete curb and gutter and bituminous surfacing would be approximately S67,000. The cost to install a storm sewer system from Country Homc Park to Rainier Lane to collect the drainage from the eastern half of this street was estimated at $71,000 resulting in a total public improvement cost of approximately $138,000. These estimates include not only the construction cost but also the engineering design, contract management, legal/bonding fees, etc. With only Potentially six property owners receiving direct benefit from this public improvement, it was estimated that special assessment revenues would be able to generate only $20,000 - $30,000 resulting in the City's general tax fund having to finance approximately $115,000 i dollars. After reviewing these costs, the City staff believes that this project is economically unfeasibie to do on a small piece meal basis for Rainier Lane only, The significant amount of the storm sewer cost would eventually benefit other portions of Country Homes heights if, and when, those streets were also brought up to City standards. This would require expanding the scope of the project beyond just the Rainier Lane request. In August and November 1990, the City Council held two public hearings (Projects 595 and 605) to address the need for storm sewer and street surfacing respectively within all of Country Home Heights. As a result of the objections raised at these public hearings, City Council subsequently denied both previous projects. With the estimated costs of the Rainier Lane improvement exceeding the 1990 estimated costs of approximately $10,000 per lot, it is questionable whether the properties could be proven to benefit in the amount of the proposed assessments for this most recent proposal. Subsequently, it would require a significant contribution from City funds to improve just Rainier Lane MUTMIUrAL CENTER 3830 PILOT KNOB ROAD EAGAN. MINNESOTA 55122.1897 PHONE. (612) 681-4600 FAX: (612) 681.3612 TDD' (612) 453.8535 THE LONE OAK TRE: THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY E ;unl Gpportunity/AtfiTf ion Emplaver MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN. MlrINESCTA 55122 ,HCNE (6;_)681.4300 'AX (612) c 1-4360 L'1' ,012; _U-8535 Therefore, City staff will be presenting the results of this analysis to the City Council on their meeting on.May 6, 1997 requesting further direction before proceeding with additional design costs. Based on preliminary informal review of this project and its cost by the City Council, it is anticipated that the City Council will declare this project economically unfeasible and remove it from further consideration. Sincerely, Thomas A. Colbert, P.E. Director of Public Works TAC/ cb cc: Mayor & City Council c/o Thomas L. Hedges, City Administrator John Gorder, Design/Development Engineer Arnie Erhart, Superintendent of Streets/Equipment Thomas L. Hedges, City Administrator Enclosures: Figures No. 3 & 4 of Preliminary Feasibility Report G:TAC/717RainerLane.doc LN 3-20-97 PR0,1717 2 I 0 z Q U CITY OF EACAN C.S.A.H. NO.26 (LONE OAK ROAD) 3 e 010-50 = LOTS TAKING DIRECT DRIVEWAY ACCESS ONTO RAINIER LANE = AREA OF STREET IMPROVEMENTS Fig. 3 R�ANE STREET IMPROVEMENTS ASSESSMENT MAP Q O O z Y H O � J a 2 I 0 z Q U CITY OF EACAN C.S.A.H. NO.26 (LONE OAK ROAD) 3 e 010-50 = LOTS TAKING DIRECT DRIVEWAY ACCESS ONTO RAINIER LANE = AREA OF STREET IMPROVEMENTS Fig. 3 R�ANE STREET IMPROVEMENTS ASSESSMENT MAP T 0 200 3-2"7 "90,J717STORM < 5 STORM SEWER IMPROVEMENTS DRAINAGE AREA ADDITIONAL STORM NEEDED TO SERVE STREET IMPROVEMENTS ON RAINIER 'r.ANE ONLY T 1 � 9 2 • � 3 EX Cir S, I � I 1 Z n C.S.A.H. NO.26 (LONE OAK ROAD) i Fia 4 CITY OF EAGAN rr~ J. 717 - RAINIER LANE RM SEWER IMPROVEMENTS Agenda Information Memo May 6, 1997 ME �1 1.01i Biel 604110 0:14P saw-K-14KI313 Ja Cox ACTION TO BE CONSIDERED: To receive the feasibility report for Project 720 (Eagan Business Commons - Streets & Utilities) and schedule a public hearing to be held on June 3, 1997. FACTS: • On April 15, the City Council approved the preliminary subdivision and rezoning for the Eagan Business Commons Addition located in the northwest comer of T.H. 55/149 and Lone Oak Road. • In response to a petition submitted by the developers of this proposed subdivision, City Council authorized the preparation of a feasibility report for the installation of public streets and utilities to serve this proposed subdivision. This report has now been completed and is being presented to the City Council for their consideration of scheduling a public hearing to be held on June 3, to formally present and discuss the merits of this requested public improvement. l� Agenda Information Memo May 6, 1997 ':1 12191 M MW1. 1913l ul Wo 8 118 ACTION TO BE CONSIDERED: To receive the final assessment roll for Project 682 (Deerwood Townhomes - Utilities) and schedule a public hearing to be held on June 3, 1997. FACTS: • Project 682 provided for the extension of sanitary sewer and water main along Deerwood Drive west from Rocky Lane to the Deerwood Townhome Addition near I -35E. • When the project was approved at the public hearing held on. March 21, 1995, there were several properties that were proposed to be specially assessed for the benefits received from these improvements. • The project has been completed and accepted by council action on March 4, 1997, all costs have been tabulated and the final assessment roll identifying the financial obligations for this public improvement has been prepared. This roll is being presented to the City Council for their consideration of scheduling a public hearing to be held on June 3, 1997 to formally present the final costs associated with this public improvement. a to Agenda Information Memo May 6, 1997 u 'M ACTION TO BE CONSIDERED: To approve the upgrading of T.H. 13 from Seneca Road to Yankee Doodle Road as a two lane divided highway with turn lanes and signalization at Blackhawk Road and authorize a preparation of detail plans and specifications. FACTS: • The original Project 709 provided for the signalization of T.H. 13 at Blackhawk Road, the extension of Kennebec Drive cul-de-sac from Blackhawk Road to the northeast and the modifications of Yankee Doodle Road at Terminal Drive. At the public hearings held on July 2 and August 6, 1996, objections were submitted by the Metropolitan Council of Environmental Services/Waste Water Division and Blue Cross/Blue Shield regarding the financing of the Kennebec Drive extension and participation in the signalization of Blackhawk Road and T.H. 13. Subsequently, the City Council authorized only the modifications to Yankee Doodle Road at Terminal Drive. • In November of 1996, City staff made an application to MnDot under the Local Initiative Municipal Agreements Program and subsequently received funding ' for approximately $270,000 towards the cost of the signalization project of Blackhawk at T.H. 13. • In order to proceed with the Municipal Agreements Program with MnDot, it is necessary for the City Council to approve this project and authorize the preparation of the required detail plans and specifications necessary to secure MnDot participation. Agenda Information Memo May 6, 1997 + ACTION TO BE CONSIDERED: To receive the bids and award Contract 97-04 (Cliff Road Water Treatment Plant - Standby Generator) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 97-04 provides for the installation of a Peak Alert Standby Generator for the Cliff Road Water Treatment Facility and adjacent Well No. 5. The installation of this generator will allow the City to switch over to Dakota Electric Association (DEA) Peak Alert Rate 70 Fee Schedule which will result in reducing the annual electric fees by $41,000 per year. After deducting the annual operation, maintenance warranty costs of approximately $6,900 per year, the City will incur a net annual energy savings of $34,100 per year. • In addition to providing annual energy cost savings, this generator will insure that the Water Treatment Facility and Well No. 5 will remain in continuous operation during any unforeseen power outage situation which is critical to maintaining a water supply system for our community. • On March 4, the City Council approved the plans and specifications and authorized the competitive solicitation of bids for this improvement. On April 25 at 10:30 A.M., formal bids were received as evidence by the attached bid tabulation. All bids were reviewed for compliance with the bid specification documents and no irregularities have been discovered. • The low bid exceeded the Engineer's Estimate by $17,306 (6.36%). This is based on a modification to the final detail design which downsized the generator from 750 kW to a 700 kW generator but increased the transfer switch from a 1200 Amp block loading to a 2000 Amp soft loading switch which will avoid any undesirable voltage spikes or dips which could affect the computer control systems and/or motor switches within the treatment plant. These design changes resulted in the difference between the low bid and the Engineer's Estimate. • Based on the estimated net annual energy savings, the City will recover the cost of this installation after approximately 9.5 years in addition to having the back-up security of this standby generator insuring continuous power for this Water Treatment Facility. ATTACHMENTS: + Bid tabulation, page — city of eagan CLIFF ROAD WATER TREATMENT PLANT STANDBY GENERATOR CONTRACT NO. 97-04 NTRACTORS Gephart Electric Total Construction & Equipment ERC Ridgedale Electric C.F. Haglin & Sons Mendota Electric Honda Electric LOW BID Engineer's Estimate (E.E.) "M % Over (+) Under (-) (E.E.) BID DATE: April 25, 1997 BID TIME: 10:30 A.M. Q.."'00 $289,317 291,000 303,880 315,200 319,770 340,095 345,440 $289,117 $272,011 +6.36% Agenda Information Memo May 6, 1997 ACTION TO BE CONSIDERED: To approve Change Order No. 3 to Contract 96-01 (Eagandale Corporate Center related documents. FACTS: - Utilities) and authorize the Mayor and City Clerk to execute all Contract 96-01 provides for the installation of streets and utilities to service the Eagandale Corporate Center Industrial Park located in the northeast corner of Lexington Avenue and Yankee Doodle Road. During the installation of utilities, some poor soil conditions were discovered that weren't identified with the soil borings during the design stages. It has been determined that these soil types will be inadequate to provide the structural stability for an industrial road bed. Subsequently, a change order was negotiated with the contractor and developer to remove the poor subsoils and replace with acceptable granular subgrade material. This requires a change order to the original contract document to cover the costs associated with this extra work in the amount of $5,792.50. All costs associated with this change order will be assessed to the subdivision benefitting from these public improvements. a � Agenda Information Memo May 6, 1997 ACTIOIti TO BE CONSIDERED: To approve Change Order No, I to Contract 96-20 (Yankee Doodle/Promenade Central Area - Streetbght ng) and authorize Mayor and City Clerk to execute all related documents. FACTS: • Contract 96-20 provides for the installation of roadway and pedestrian level lighting along Yankee Doodle Road from Washington Drive to Promenade Avenue as well as along Denmark Avenue, Promenade and Northwood Drive all north of Yankee Doodle Road. • This Change Order consists of three parts described as follows: 1. Due to the long lead time associated with ordering and manufacturing these specialty designed poles, this change order provides for the purchase of two poles only for the City Public Works Department to keep in inventory for quick replacement in case of damage or knock down. (Add $1,660). 2. After the plan design was approved and the contract awarded, the engineering staff researched a new alternative pole foundation. This results in a cost savings to the contract (Deduct $2,618). 3. After the design was approved and the contract awarded, the engineering staff pursued an application to the Pubic Utilities Commission to approve a variance in the service area boundaries between Northern States Power (NSP) and Dakota Electric Association (DEA). Yankee Doodle Road west of Pilot Knob Road is the dividing boundary between these two electrical power providers. By allowing the light standards on the north side of Yankee Doodle Road to be served by Dakota Electric Association, the design was able to omit a separate service panel with equipment pad (Deduct $3,640). • The overall cost savings of this Change Order results in a total deduct of $4,598. Agenda Information Memo May 6, 1997 Eagan City Council Meeting M. CITY AUCTION SET DATE FOR MAY 17 10:00 A.M. AT EAGAN MAINTENANCE FACILITY, 3501 COACHMAN POINT & DECLARE BICYCLES, UNCLAIMED PROPERTY & MISCELLANEOUS CITY PROPERTY TO BE SURPLUS ACTION TO BE CONSIDERED: ow To schedule the Eagan City Auction for 10:00 a.m. on Saturday, May 17, 1997, at the Eagan Maintenance Facility, 3501 Coachman Point and to declare items, including bicycles, unclaimed property and miscellaneous City property, to be surplus eligible for sale. FACTS: • Throughout the year, the City acquires a variety of unclaimed, stolen property and retires certain City equipment for a variety of reasons. State law permits the sale of these items to the highest bidder upon their designation as surplus property. • Prior to the designation of surplus property, a list of items is circulated to all departments and, if there remains any public use of the property, it is reallocated to the appropriate department rather than being sold. ATTACHMENTS: 0 ��1997 auction item list on page'—t-. 1997 AUCTION ITEMS Police Dept. Unclaimed Electronics cassette players tape recorder amplifiers (many) CD players CD changer Viper security system speakers hand scanner Alpine stereo rock music CDs (9) Ricoh cameras (3) CD faceplate Pioneer super tuner II radar detectors (2) equalizer Ektagraphic visual maker video monitors (3) car stereo (2) cassette decks T I calculator CD leather case CD nylon case remotes checkbook calculator Motorola cellular ,phone Delco car phone telephone (1) Motorola car phone adapter cellular phone/briefcase Genesis Big Hunt game movie cameras (2) Pentex camera, zoom lens flip phone Sports coolers (2) nylon gym bag small zipper pouch Cougar emblem blue bag CO 2 cartridge dog leash Clothing/accessories men's jacket, leather M baseball hats ladie's jacket, nylon M pr. gloves (3) parka Tools flashlights (many) screwdrivers (many) pliers wrenches pocket knives hack saw circular saw garage door opener oak towel rack nail gun safety glasses drill set metal tool box plastic buckets (3) Miscellaneous black briefcase plastic skeleton wallets (4) silver ring key chain (4) zippo lighters (8) address book label protectors holsters holster w/ ammo & shoulder strap holster, nylon,key holder,ammo pouch shoulder holster pistol carrying case leather holsters (2) leather pouch w/ BBs Bicycles - approx. 90 Other Department surplus computers - 286 (12) Baytech printmaster (7) miscellaneous printers (3) Lotus, Word Perfect, DOS computer accessories, parts chairs (6) calculator (not reliable) ceiling & wall speakers track lighting coat rack/hangers anti -static floormats light fixtures fire extinguisher cabinets (2) fluorescent fixtures, 2' x 4' (3) amplifiers Q1 Agenda Information Memo May 6, 1997 Eagan City Council Meeting N. DESIGNATION OF ADMINISTRATIVE HEARING OFFICER DANGEROUS DOG DESIGNATION ACTION TO BE CONSIDERED: To authorize staff to designate a hearing officer for an administrative hearing of the facts associated with the designation of a dangerous dog. FACTS: ► On April 1, 1997, a two year old golden retriever owned by Lisa Roddy of 3609 Tanglewood Court bit a five year old child who lives at 3605 Tanglewood Court. At that time, the dog was placed under quarantine and the owner was issued a Potentially Dangerous Dog Notice. ► On April 18, 1997, Rex Haberman of 3605 Tanglewood Court and the father of the child bitten on April 1 st went into the Roddy's yard to retrieve a basketball and felt threatened by the dog. On April 19, 1997, the dog owners wanted to file charges against Mr. Haberman for provoking the dog. On April 20, 1997, a Dangerous Dog Registration form was completed and filed with Dakota County. Since the dog had previously been designated potentially dangerous and acted aggressively on April IV, it was determined that this designation and registration are appropriate. The Roddys are disputing the designation and are requesting this hearing. kTTACHMENTS: Letter from the Roddys on pag�. L'�CeL Po cwy LZOI6 6 ct -Deac nCe 4ccLYG, -� CLQ` rtjc� t� 6L tf-fe:V eL r ��et � r ry 'd v r1de 1� IQ 11 (pv C Fr �` ` t t �-t ci { ''77i t't�41 %� C 1 ' �j C hLejc:I cj-eSpe,^e-[-1ejy n-eca a-cprat'r �-, ,e 'e �G C '� c� i! R v e, Ci 6 CV "til D P: tic "ol o (j v -c -tz, re 2.c. r " 1'1 'S t ire' L) �4e(,7cu,LSC I+ �.�� rry I'!a, yea r cld I fVtaL YCLA. —�( �C0( C,0AtiI-L- d.f�r) Sry,�ti� b -G I�f��G6c l 1 O -t !o9(-6> by pA6P LQ c2 - (en c e e-11 s 2-(encQe-11s 1 EAGAN CITY COUN( May 6, 1997 CONSENT AGENDA O. E FOR COUNCIL APPROVAL: To approve an hourly rate adjustment for prime -time hours from $125.00 to $130.00 per hour effective October 1, 199 7 BACKGROUND: The Eagan Civic Arena, as an enterprise function, must maintain an income stream which exceeds expenses or draw upon earned reserves. Entering the third year of operations, It's likely that expenses will begin as a result of Inflationary pressures and expenses associated with equipment failures that will no longer be covered by manufacturers warranties. Because ice contracting for the 1997-98 skating season Is underway, establishing the rate structure for next season/year needs to take place now. Staff is recommending an hourly rate adjustment to $130.00 for prime time ice beginning on October 1. Non -prime dme hours and non -prime season hours would be subject to the same current rates. FACTS: • The rate Increase would generate an estimated $4,200 per season. • Rate increases are also being or have been approved at community facilities in Burnsville, Apple Valley and Rosemount. • Flexibility for negotiating ice time contracts during non -prime time hours and season are retained In order to match competition. • The Civic Arena was able to make Its operational budget In 1996, with a surplus to go towards operating reserves. • No increase Is suggested at this time for open skating or skating instructional programs. CONCERNS: The ice arena industry Is very competitive during non -prime hours and season. It's important for the Civic Arena to continue to build clients during these "off" hours. This rate adjustment will generate additional dollars during the heavy demand hours allowing the Civic Arena to be in a stronger competitive position during non -prime hours ADDITIONAL COMMENTS: Staff Is also rewriting the ice time contract for users which has the effect of charging them for contracted hours that are canceled with less then 30 day notice. This contract will be ke used for all hours written after Sept. 1, 1997. 50 Agenda Information Memo May 6, 1997 I A&WX604 V 32 aft 34 NA *9 ["If, ball 2k1AWV1j u1 a m 4 wl • 1 • ACTION TO BE CONSIDERED: To receive the petition to vacate all public right-of-way and utility easements within the Lexington Addition and schedule a public hearing to be held on June 3, 1997. FACTS: • The Lexington Addition is a `paper" plat that was approved and recorded in 1969 but never developed. • With the development of the Eagan Promenade and the City's acquisition of public right-of- way for Northwood Drive and related ponding easements, the property owner would like to re -plat the property into outlots for marketing purposes. The new plat will dedicate all necessary public easements and rights-of-way. However, all previously dedicated easements and rights -of way should be vacated simultaneously. • All application materials have been submitted, reviewed by staff and found to be in order for favorable Council consideration of scheduling a public hearing to formally present and discuss the merits of this request. 5( Agenda Information Memo May 6,1997 Q. FINAL PLANNED DEVELOPMENT - HOMESTEAD VILLAGE ACTION TO BE CONSIDERED: > To approve or deny a Final Planned Development for a 130 room extended stay hotel for Lot 1, Block 1, Eagandale Center Industrial Park No. 14 at the southeast comer of the intersection of I - 35E and Lone Oak Road. FACTS: > The City Council approved the Preliminary Planned Development for Homestead Village in March 1997. > The final plans submitted by Homestead Village are consistent with the approved Preliminary Planned Development. 0 > The Final Planned Development Agreement has been sent for signatures will be in order for execution at the regular City Council meeting on May 6, 1997. ATTACHMENTS: Site Plan and Building Elevation pages through \ � k k � i |[ .��E I ®+ @|jgil. ) � —I .0 I.��; iT ` it| ■ it| - ` |© � «■ «� romi pa !A -7 L il. LU j. LU r4 j j. LL NO i Rin I c. I ij pd 4. tj 3 �� 's s, Iv Agenda Information Memo May 6, 1997 Eagan City Council Meeting R. APPLICATION FOR SHOWS LICENSE. ALOTTA AMUSEMENTS FOR A CARNIVAL AT THE FOURTH OF JULY FUN FEST ACTION TO BE CONSIDERED: To approve a shows license for Alotta Amusements, to conduct a carnival at Sky Hill Park on July 3 - 6, 1997. FACTS: • The City is in receipt of an application from the Eagan Convention and Visitors Bureau to conduct a carnival at Sky Hill Park in association with the Fourth of July activities. The CDV is contacting with Wayne Kohler of Alotta Amusements for this event. ATTACHMENTS: a Application enclosed without page numbers 3� Agenda Information Memo May 6, 1997 4o .13 9 CIA :i t A. CERTIFICATION OF DELINQUENT UTILITIES ACTION TO BE CONSIDERED: To approve or deny certification of delinquent utility accounts to Dakota County for collection with property taxes. FACTS: The City currently has approximately 293 utility bill accounts with delinquent payments. The assessable amount of these accounts is $52,904.66. These items are in order for certification to the County. ATTACHMENTS: a Delinquent account list.; pages 3s through(12 . 30,0,? REPORT SORTED BY PID 01 -MAY -1997 (08:41) ACCOUNT -NUMBER ------------------------------------------------------------------------------------------------ PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 3550100601 100020002078 17.26 AC 42.26 3551230001 100080002004 17.40 AC 42.40 3550140201 100100006030 17.30 AC 42.30 2340560802 100190001006 2625.33 AC 2650.33 2340230802 100190001211 280.59 AC 305.59 2440750401 100220005051 36.28 AC 61.28 1551390601 100360001082 16.99 AC 41.99 1550900301 100360001281 16.99 AC 41.99 3550490101 100380008002 17.30 AC 42.30 2390050903 101190004001 107.33 AC 132.33 1310570501 101230005005 229.63 AC 254.63 2340840401 101330003001 186.70 AC 211.70 1180460602 101350003002 121.57 AC 146.57 1181240101 101350003008 81.87 AC 106.87 1180410101 101350008002 181.65 AC 206.65 1180820101 101350025004 162.69 AC 187.69 2563730701 101370003001 46.77 AC 71.77 1283810805 101375002001 254.44 AC 279.44 1283910603 101375009002 135.17 AC 160.17 2471268901 101380005001 172.44 AC 197.44 2342060704 101430103001 137.94 AC 162.94 2342000303 101430110001 110.00 AC 135.00 2440630803 101438105002 288.20 AC 313.20 2411590905 101438701001 85.03 AC 110.03 2411850701 101438705002 62.77 AC 87.77 2520580801 101440003001 270.70 AC 295.70 2521350503 101440105002 49.39 AC 74.39 REPORT SORTED BY PID O1 -MAY -1997 (08:41) ACCOUNT -NUMBER ------------------------------------------------------------------------------------------------ PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 2500410207 101499207001 51.48 AC 76.48 2500510902 101499217001 349.73 AC 374.73 2500680001 101499234001 266.06 AC 291.06 2501260002 101499301002 198.25 AC 223.25 2500131404 101499306001 117.06 AC 142.06 2501440804 101499312001 74.64 AC 99.64 2500740208 101499321001 143.77 AC 168.77 2501020802 101499349001 2.03 AC 27.03 2501140402 101499361001 57.69 AC 82.69 3760680302 101499602004 64.34 AC 89.34 3761750301 101499610016 209.62 AC 234.62 1190951201 101500001002 60.31 AC 85.31 3670990501 101550107006 279.37 AC 304.37 3672550501 101550114003 236.59 AC 261.59 3671290901 101550140002 396.13 AC 421.13 3660420502 101560009000 163.42 AC 188.42 3611520204 101630003001 108.89 AC 133.89 3611530103 101630004001 180.76 AC 205.76 3611720804 101630023001 172.19 AC 197.19 1260440103 101660105003 265.30 AC 290.30 1260830305 101660204001 229.45 AC 254.45 1260920205 101660212102 415.51 AC 440.51 1260930106 101660212202 80.36 AC 105.36 2330100502 101665002001 129.53 AC 154.53 2330080901 101665004001 101.93 AC 126.93 2330060102 101665006001 100.29 AC 125.29 2311200602 101670008006 74.38 AC 99.38 sl REPORT SORTED BY PID O1 -MAY -1997 (08:41) ACCOUNT -NUMBER ------------------------------------------------------------------------------------------------ PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 2320620403 101670018009 157.10 AC 182.10 2311340001 101670020005 50.82 AC 75.82 1030330303 101670106005 202.06 AC 227.06 1040450702 101670109001 303.27 AC 328.27 1030900303 101670110002 121.82 AC 146.82 1030540701 101670118003 47.85 AC 72.85 1040290703 101670125001 269.73 AC 294.73 1020550801 101670130007 191.42 AC 216.42 2321600503 101670202006 75.81 AC 100.81 2321530402 101670209006 1.75 AC 26.75 2320810102 101670215004 49.69 AC 74.69 2330460302 101670231008 77.15 AC 102.15 2330470203 101670232008 20.91 AC 45.91 2330580803 101670243008 182.59 AC 207.59 1041120504 101670303002 99.07 AC 124.07 1041070205 101670308002 168.70 AC 193.70 1010510404 101670310008 1.00 AC 26.00 1011160704 101670317005 74.36 AC 99.36 1040770802 101670331001 32.15 AC 57.15 2350710601 101670402005 198.02 AC 223.02 2350740301 101670405005 121.55 AC 146.55 2350950801 101670410011 277.57 AC 302.57 2380360401 101670412010 184.31 AC 209.31 2350980502 101670413011 100.54 AC 125.54 2380330701 101670415010 158.57 AC 183.57 2351190004 101670422006 88.53 AC 113.53 2370650001 101670505005 84.61 AC 109.61 Ell REPORT SORTED BY PID O1 -MAY -1997 (08:41) ACCOUNT -NUMBER PID AMT -OPEN ACCOUNT -STATUS ASSESS-AMT ------------------------------------------------------------------------------------------------ 2370770601 2370250901 2391550702 2370040403 2390960904 2390980703 2390620901 2380850401 2380880104 2391300704 2410880503 2410760901 2411470404 2410960503 1210010307 1261890605 1262310401 1261380803 1262560405 1262920002 1262480503 1262540602 1263303804 3614460805 3611278702 3611970902 3630700702 101670508004 101670512006 101670516008 101670533006 101670605008 101670607008 101670608010 101670611002 101670614002 101670614007 101670708005 101670708008 101670712004 101670727006 101715036002 101740002204 101740008201 101740016300 101740209103 101740214002 101740221102 101740227002 101740505201 101807548001 101815003007 101815101006 101830009105 146.24 245.81 82.15 43.94 106.21 1.59 132.28 213.98 151.17 259.87 284.64 324.92 260.12 202.20 94.45 280.50 119.72 100.25 147.40 264.61 221.75 166.27 203.92 165.61 141.75 74.21 153.40 AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC 171.24 270.81 107.15 68.94 131.21 26.59 157.28 238.98 176.17 284.87 309.64 349.92 285.12 227.20 119.45 305.50 144.72 125.25 172.40 289.61 246.75 191.27 228.92 190.61 166.75 99.21 178.40 REPORT SORTED BY PID 01 -MAY -1997 (08:41) ACCOUNT -NUMBER ------------------------------------------------------------------------------------------------ PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 2561430602 101997504002 181.10 AC 206.10 1227060903 102085006001 112.55 AC 137.55 3640181806 102096012004 79.54 AC 104.54 3640620504 102096016004 171.60 AC 196.60 3640480410 102096021001 280.10 AC 305.10 2460410003 102190011002 137.12 AC 162.12 2460190802 102190023001 290.65 AC 315.65 2460630303 102190055001 122.79 AC 147.79 1290980003 102275015003 290.67 AC 315.67 1291130103 102275047002 194.50 AC 219.50 1060710901 102488004006 134.85 AC 159.85 1061120002 102488011003 97.64 AC 122.64 1060650701 102488021005 260.46 AC 285.46 1303020002 102560103004 191.74 AC 216.74 1302880804 102560115001 180.77 AC 205.77 1223460501 102580003001 178.11 AC 203.11 1223920801 102580011102 420.29 AC 445.29 1226260602 102580101004 222.06 AC 247.06 2442780901 102650001001 .26 AC 25.26 3823940601 103095003001 16.68 AC 41.68 2510130403 103190013002 76.38 AC 101.38 3660790101 103200003000 224.94 AC 249.94 3660580604 103200105001 238.31 AC 263.31 2490110003 103275004002 181.39 AC 206.39 2391840202 103295102007 105.02 AC 130.02 2391890702 103295102008 77.11 AC 102.11 2391660407 103295103002 227.19 AC 252.19 �g_, REPORT SORTED BY PID 01 -MAY -1997 (08:41) ACCOUNT -NUMBER PID ----------------------------------------------------------- AMT -OPEN ACCOUNT -STATUS ASSESS -AMT ------------------------------------ 2391700803 103295103003 49.00 AC 74.00 2391940003 103295104009 54.93 AC 79.93 2391960802 103295204006 246.07 AC 271.07 1301410501 103297508001 259.82 AC 284.82 3680340101 103299003002 298.69 AC 323.69 3680400301 103299007003 228.54 AC 253.54 3822020801 103299204003 207.48 AC 232.48 2470940401 103300005007 142.65 AC 167.65 2470580801 103300018006 215.44 AC 240.44 1230040602 103980104001 173.78 AC 198.78 1230930803 103980202001 150.15 AC 175.15 1231130403 103980202006 135.41 AC 160.41 1231170003 103980202007 159.48 AC 184.48 1231760803 103980302009 112.54 AC 137.54 1231910901 103980303013 77.50 AC 102.50 1231780602 103980304010 140.69 AC 165.69 3610760508 104130010001 41.46 AC 66.46 2446590802 104200110001 96.20 AC 121.20 2446300202 104200118002 3.28 AC 28.28 1220520901 104430001002 154.38 AC 179.38 3643390202 104465103001 110.19 AC 135.19 3643050201 104465157001 185.03 AC 210.03 3701220001 104506005003 40.59 AC 65.59 3701730803 104506009002 251.96 AC 276.96 3702510302 104506014005 209.48 AC 234.48 3701120202 104506020002 64.38 AC 89.38 1243010402 104507101002 153.78 AC 178.78 REPORT SORTED BY PID 01 -MAY -1997 (08:41) ACCOUNT -NUMBER PID AMT -OPEN ACCOUNT -STATUS ASSESS-AMT ------------------------------------------------------------------------------------------------ 3770240403 3770840101 3770800502 3780890401 3780040603 1317960101 1111590401 1320770901 1310990501 3650900805 3650890103 3651230901 3651260601 1171531503 1171340102 3550660901 1222800302 1242070901 1263321002 1551150401 3621090401 3630656101 1220420201 1282700201 1283120203 2432370103 1319200001 104507505005 104507522001 104507526001 104508005001 104508010004 104509404002 104725129001 104725309001 104727702003 104775004003 104775005003 104775208001 104775210002 104805003204 104805010101 104870001200 105210003006 105210107001 105355001001 105360001002 105530014001 105540006001 105621002003 105675003004 105675006002 105750301002 105769003005 134.39 179.83 24.24 50.75 202.22 121.73 241.45 22.59 241.99 238.81 29.96 189.75 120.10 205.68 239.16 17.30 227.65 177.69 128.40 16.99 241.92 16.68 2.08 217.43 73.35 63.65 73.21 AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC 159.39 204.83 49.24 75.75 227.22 146.73 266.45 47.59 266.99 263.81 54.96 214.75 145.10 230.68 264.16 42.30 252.65 202.69 153.40 41.99 266.92 41.68 27.08 242.43 98.35 88.65 98.21 REPORT SORTED BY PID O1 -MAY -1997 (08:41) ACCOUNT -NUMBER PID AMT -OPEN ACCOUNT -STATUS ASSESS-AMT ------------------------------------------------------------------------------------------------ 1270870703 106398004008 266.37 AC 291.37 1270070403 106398007001 1.33 AC 26.33 1280350805 106398102007 53.91 AC 78.91 1280800206 106398203006 119.31 AC 144.31 1280730104 106398204006 128.39 AC 153.39 1280650102 106398204007 68.13 AC 93.13 1280970304 106398301003 93.22 AC 118.22 1281200404 106398303009 170.48 AC 195.48 1282110404 106398404001 162.18 AC 187.18 1280840807 106398609001 272.85 AC 297.85 2563690301 106430001304 15.30 AC 40.30 2563700002 106430005604 16.67 AC 41.67 1120200903 106440003005 93.94 AC 118.94 1120400501 106440005001 278.86 AC 303.86 1120170402 106440006005 308.44 AC 333.44 2480420504 106590001001 64.02 AC 89.02 2480760402 106590205002 161.99 AC 186.99 1213030803 106760005002 320.61 AC 345.61 2563100301 106805503001 18.63 AC 43.63 1162270101 107120003002 347.66 AC 372.66 3711640702 107250011005 193.70 AC 218.70 3825430602 107259001001 92.05 AC 117.05 3825520401 107259010001 95.21 AC 120.21 1311270102 107296108001 211.54 AC 236.54 1171840001 107297514001 142.26 AC 167.26 1172100805 107297518002 212.29 AC 237.29 1172760903 107297601002 98.53 AC 123.53 REPORT SORTED BY PID 01 -MAY -1997 (08:41) ACCOUNT -NUMBER ------------------------------------------------------------------------------------------------ PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 1173260903 107297615006 33.02 AC 58.02 1174340802 107297702201 96.78 AC 121.78 1174370502 107297703201 74.48 AC 99.48 3790640101 107298305001 288.00 AC 313.00 1224300201 107298701001 199.70 AC 224.70 1223330001 107298816002 119.09 AC 144.09 2420660907 107300002009 242.61 AC 267.61 2420510606 107300002016 128.70 AC 153.70 2420740904 107300004006 226.46 AC 251.46 2420700305 107300004007 69.47 AC 94.47 2420410907 107300005020 213.92 AC 238.92 2420380405 107300007020 95.38 AC 120.38 2421090805 107300101014 204.53 AC 229.53 2421080901 107300104014 162.00 AC 187.00 3823440702 107583615001 76.22 AC 101.22 1202220804 107585202001 118.39 AC 143.39 3800520302 107587505003 257.53 AC 282.53 3801050001 107587821001 16.68 AC 41.68 1250500406 107595003003 44.56 AC 69.56 1251360201 107595163002 104.14 AC 129.14 2431000505 107650201008 138.04 AC 163.04 2431020301 107650203008 92.79 AC 117.79 2401250206 107710002008 128.15 AC 153.15 2400310504 107710002018 56.86 AC 81.86 2400860902 107710003006 219.17 AC 244.17 2401270002 107710004008 77.45 AC 102.45 2400070501 107710006017 133.92 AC 158.92 REPORT SORTED BY PID 01 -MAY -1997 (08:41) ACCOUNT -NUMBER PID AMT -OPEN ACCOUNT -STATUS ASSESS-AMT ------------------------------------------------------------------------------------------------ 1200930403 1200730802 1300940201 1212360001 1212180201 3700800009 2451160202 2451630404 2456000502 1313800302 1316630101 1150620101 1080250203 1070120904 1070280104 1070670305 1090650102 1090020701 1090050401 1090580002 1090070201 1090510702 1140640201 1140500803 2433570504 2433380902 3690700401 108195005002 108195016001 108330002003 108355001001 108355001004 108360003001 108365003005 108365108002 108365201002 108375020001 108375101004 108425107004 108435018002 108435103001 108435109002 108435302003 108435401004 108435403001 108435406001 108435406005 108435408001 108435417003 108435510004 108435518003 108446011002 108446012001 108447609002 478.92 222.26 150.73 220.98 229.56 92.97 3.20 255.34 74.48 215.74 176.91 106.39 261.19 131.12 195.11 327.69 559.74 255.08 172.26 62.90 247.27 132.72 79.39 58.68 369.39 316.36 106.02 �1 AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC 503.92 247.26 175.73 245.98 254.56 117.97 28.20 280.34 99.48 240.74 201.91 131.39 286.19 156.12 220.11 352.69 584.74 280.08 197.26 87.90 272.27 157.72 104.39 83.68 394.39 341.36 131.02 REPORT SORTED BY PID 01 -MAY -1997 (08:41) ACCOUNT -NUMBER ------------------------------------------------------------------------------------------------ PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 1051120204 108460005002 176.06 AC 201.06 1050070003 108460007005 138.29 AC 163.29 1050550104 108460013003 35.71 AC 60.71 1100560003 108460107001 .74 AC 25.74 1100130205 108460108007 67.98 AC 92.98 1111420406 108460203001 105.36 AC 130.36 1101060006 108460204004 112.85 AC 137.85 1110200103 108460226003 193.06 AC 218.06 1110550906 108460230002 122.15 AC 147.15 1111080603 108460232001 50.51 AC 75.51 3623314601 108880013100 192.78 AC 217.78 2521350502 101440105002 103.39 CB 128.39 1030920102 101670108002 42.27 CB 67.27 1210010306 101715036002 6.09 CB 31.09 2460590903 102190040001 221.04 CB 246.04 1280970303 106398301003 162.34 CB 187.34 1281000801 106398304002 14.42 CB 25.00 1280850703 106398608001 29.16 CB 54.16 2420440604 107300005019 50.10 CB 75.10 2420030505 107300202004 42.12 CB 67.12 1201820602 107700006001 157.12 CB 182.12 1091350703 108425021003 37.54 CB 62.54 1111220803 108460219001 60.25 CB 85.25 45594.08* 52904.66* Agenda Information Memo May 6, 1997 ACTION TO BE CONSIDERED: To close the public hearing and approve the vacation of a portion of a drainage ponding and utility easement located as described over Lot 25, Block 1, Canterbury Forest and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On April 15, the City Council received a petition from the affected property owner requesting consideration of vacating a portion of the ponding, drainage and utility easement for Pond LP -40 located within Lot 25, Block 1, Canterbury Forest. The Council then scheduled a formal public hearing to be held on May 6, to discuss the merits of this request. • All notices were published in the legal newspaper and sent to all potentially affected utility companies as well as processed through City staff. As of this date, staff has not received any objections to this request. ATTACHMENTS: • Letter of request, page • Staff report with location map and legal description/graphic, pages and City of Eagan Petition To Vacate 4. Letter justifying request : City of Eagan, We are writing this letter to request the vacation of an easement on our property. The reason for this request is to enable us to install an in -ground swimming pool. Our plans for this pool are well developed , well researched and well thought out. Within our -research , and through conversations with Engineers at the City of Eagan, (1994 - Dale, an Engineering Inspector and Tom Colbert, the Engineering Director) (1997 - Lane Wegener, an Engineering Technician) we have been told numerous times that the easement on our property is " excessive ". We do understand that the City of Eagan does need access to the existing drainage pond at the rear of our property. Our research indicates that the easement can be moved, and that the City of Eagan will have sufficient access. We built our home in Eagan in 1986, with a plan to live here always. We have worked in great length with Custom Pools, Inc. and Site Works Design, Inc. to create an aesthetically attractive plan for our backyard property. We would like very much to be able to install this swimming pool. For our family, this would truly be a dream come true. We hope that in reviewing this Petition To Vacate, that you will vote in favor of our request. Thank you for your time and consideration in this matter. Sincerely , Calvin G. and Kristin A. Robertson 1079 Tiffany Drive Eagan, Minnesota 55123 Phone: 456-9564 sa ENGINEERING REPORT CITY OF EAGAN REPORT DATE: APRIL 25,1997 REQUEST: VACATION OF PONDING, DRAINAGE & UTUTY EASEMENT LOCATION: LOT 25, BLOCK 1, CANTERBURY FOREST PETITIONED BY: KRIS ROBERTSON REPORT BY: CRAIG KNUDSEN, ENGINEERING TECH - The property owners of Lot 25, Block 1, Canterbury Forest, are requesting the vacation of a portion of the ponding, drainage and utility easement. The purpose of the vacation is to allow the property owner additional area in their backyard for the installation of an inground pool. The lot is bound by a 7.5' drainage and utility easement for storm sewer on both the east and west sides of the lot and a drainage and utility easement in the rear 2/3's of the yard for ponding. With the vacation as proposed, the City will continue to maintain a 7.5' drainage and utility easement for the storm sewer pipes on both sides of the yard and also maintain a drainage and utility easement above the 903.8 high water elevation. A retaining wall will be necessary, however, it will be constructed along the house side of the pool allowing for the pool to be constructed at a lower elevation. The proposed elevation of the pool deck is 910.6 which is well above the 3' safety buffer above the high water elevation required for structures built adjacent to ponding areas. The owners are proposing to provide the installation of silt fence for pond protection and plan to restore the disturbed areas with erosion control material. �4 1 .1 •1 _I� ► 7��1 Public notice for the vacation of this easement was published in the City's legal newspaper. Additional notice was provided as standard procedure to other parties who may have an interest in the easement vacation. The City has not received any objection to the requested vacation of this easement. It is recommended that the City vacate that portion of the easement as described on the attachment. Attachments: Location Map Legal & Graphic H. VACATIONS/Lot?SBIICant Forest- �tY RNA/L �) r 3�Z 0 1 �� Z x� W - J fr city of eagan PUBLIC mff", WORKS DEPARTMENT SECTION 26 L� PE Nsr` 1 0 F;: LEY VAIY Aidol?NOUGH , L 4 K INVJ •000 ON MAP i POND L -40 W.E. 890 70 LKJ HWL: 903.8 i POP amow X3.57. \ // c - PROPOSED AREA }� OF VACATION _ y 588' � 7' 00" E I ! PROPOSED 20' x40' r ! / POOL 25 I r 26 r r i l c,94T _ T � \ �Y LANE-EASE 4-14-97 \ \ \ Description of the Easement Area to be Vacated Lot 25, Block 1, Canterbury Forest Commencing at the Southwesterly comer of Lot 25, Block 1, Canterbury Forest, Dakota County, MN, according to the recorded plat thereof; thence Northerly along West line of said Lot 25 122.68 feet, thence south 83037'52" East 7.50 feet to the point of beginning. Thence South 6012'08" West 15.00 feet to the intersection of the existing Easement line thence South 88°21'00" East along said Easement line 103.94 feet, thence North 40°44'21" West 35.50 feet, thence South 83130'52" West 79.62 feet to the point of beginning. 01 Agenda Information Memo May 6, 1997 41 _ _ 1 11 ►� 1 x,11 Rl ;__� ACTION TO BE CONSIDERED: To close the public hearing and approve the vacation of the drainage and utility easements as described over Outlots C and D of the Lone Oak Addition and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On April 15, the City Council received a petition from the United States Postal Service (USPS) requesting the vacation of common lot line drainage and utility easements over Outlots C and D of the Lone Oak Addition to accommodate the construction of the new USPS information and accounting service center located east of T.H. 149 and Lone Oak Parkway. The Council scheduled a public hearing to be held on May 6 to formally present and discuss the merits of this request. • This vacation will fulfill condition no. 5 of the preliminary plat approval for the Lone Oak 3' Addition. • All notices have been published in the legal newspaper and sent to all potentially affected/interested agencies. As of this date, staff has not received any objections to this request. ATTACHMENTS: • Letter of request, page • Staff report with location map and legal description/sketch, page through. RECElVFp APRC= 3 �7 ENVIROSCIENCE ENGINEERS • SCIENTISTS* LAND SURVEYORS 10200 VALLEY VIEW ROAD SUITE 151A EDEN PRAIRIE, MINNESOTA 55344 PHONE: (612) 944-8486 April 2, 1997 FAX: (612) 944-8836 Engineering Division City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Attn: Mr. John P. Gorder RE: U.S. Postal Service UASC, Eagan, MN Easement Vacation Dear Mr. Gorder: A petition to vacate an easement along the lot line between Outlots C and D of the Lone Oak Plat is attached. The easement vacation is requested because the U.S. Postal Service has acquired fee title ownership of the two Outlots and is combining the Outlots into one lot through a replat of the property. The final .plat application is submitted to the City of Eagan concurrent with this petition to vacate. The U.S. Postal Service is constructing one facility on the new lot and does not require the referenced utility and drainage easement for its development. The existing easement is also on the footprint of the proposed U.S.P.S. building. A copy of the proposed final plat is also attached for your information. All utility and drainage services are available on existing public easements surrounding the property and no utilities are currently installed within or anticipated to be installed within this easement requested for vacation. Please call me with questions regarding this request. Sincerely, Daryl E. Zuelke, P.E. Vice President Attached ENGINEERING EXCELLENCE BY ANY MEASURE file: TRL H:IPROJECTS\6092.EACADOCS\EASEMNT.VAC 4-2-97 ��' / ENGINEERING REPORT CITY OF EAGAN REPORT DATE: APRIL 25,1997 REQUEST: VACATION OF DRAINAGE & UTIITY EASEMENT LOCATION: OUTLOTS C & D. LONE OAK/THE WATERS PETITIONED BY: US POSTAL SERVICE REPORT BY: CRAIG KNUDSEN, ENGINEERING TECH A petition has been submitted by the US Postal Service' to vacate the drainage and utility easement along the common property line of Outlots C & D, Lone Oak. This petition is being concurrently processed with the replat of these two Outlots for the purpose of constructing an information and accounting service center. It is anticipated that the new facility will be in conflict with the existing drainage and utility' easement. Since this project will require a replat; any necessary easements will be a condition of final plat. Public notice for the vacation of this easement was published in the City's legal newspaper. Additional notice was provided as standard procedure to other parties who may have an interest in the vacation. The City has not received any objection to this proposal based on these notices. It is recommended that the City vacate the drainage and utility easement as defined on the attachment with concurrent recording of the new plat, Lone Oak Yd Addition. Attachments: Location Map Legal & Graphic R VACATl0N5/0WWC&DJmw0Wii s� C MEND TA HEIGHTS 650 PROPOSED VACATION J SECTION 1 city of eagan PUBLIC mff", WORKS DEPARTMENT TION MAP Q uV 1000 .,W �• I E tttlitiiiitiit:liti+i�iiiiii � I L� it ' 11 f'• � � •� t I . � 1 1!t!!!!!!!?!!!:!!!llo:ueult! $i .�f E t1,i LUINWN.NUN,E� E:lLL4 itililiililiiE:i:ijljiiiiii !c S • t i :! E: Eittiiiiitiitttiiiiii .l � . J � S I } J je I l i �" J `j O W; E_ CL i �• I E tttlitiiiitiit:liti+i�iiiiii � I L� it ' 11 f'• � � •� t I . � 1 1!t!!!!!!!?!!!:!!!llo:ueult! $i .�f E t1,i LUINWN.NUN,E� E:lLL4 itililiililiiE:i:ijljiiiiii !c S • t i :! E: Eittiiiiitiitttiiiiii .l � . J � S I } J je I l i �" J `j U.S. Postal Service Information and Accounting Service Center Eagan, MN Plat of LONE OAK recorded May 24,1985 Vacation of 10 -foot wide Drainage and Utility Easements. Description of Parcel: Outlot C, LONE OAK, Dakota Co., MN Description of easement to be vacated: The east 10.00 feet lying southerly of the north 10.00 feet and northerly of the south 10.00 feet thereof. Description of Parcel Outlot D, LONE OAK, Dakota Co., MN Description of easement to be vacated: The west 10.00 feet lying southerly of the North 10.00 feet and northerly of the south 10.00 feet thereof. tfk: TILL H TR01ECfSW92.EA000CS%EASEM T. VAC 4-2.97 Agenda Information Memo May 6, 1997 Eagan City Council Meeting LJLD BUSINESS A. ORDINANCE AMENDMENT CITY CODE CHAPTER 7 STREETS AND SIDEWALKS PERTAINING TO THE MANAGEMENT OF PRIVATE USES OF PUBLIC RIGHTS-OF-WAY ACTION TO BE CONSIDERED: To continue indefinitely consideration of an amendment to Eagan City Code, Chapter 7, concerning the management of private uses in the public right-of-way. FACTS: • In an effort to solicit input from utilities and other users of the public rights-of-way, staff held a meeting with representatives of those businesses on April 15. Written and verbal comments were solicited from the firms on the basis of the League of Minnesota Cities' Model Ordinance as it had been modified for the City of Eagan as directed by the City Council. • The industry provided positive comments to the City concerning the meeting of the 156 and indicated a desire to continue to work with the City on this matter. • A number of firms indicated that certainly the outstanding issues will only be resolved by the final version of the right of way legislation currently pending and recommended that the City postpone action until after that was completed. Staff is suggesting that we also postpone any further discussions of the right-of-way ordinance until the legislation is completed and signed. • In order to respond to a request by Brooks Fiber that they be permitted to enter the City for installation of fiber cable during this building season, staff is reviewing an interim agreement prepared by the City's cable attorney. The agreement will be forwarded to the Council at such time as acceptable terms are established with the company. ATTACHMENTS: • List of participants at industry meeting on page • Summary of comments and responses on pages ('!;Ithrough� • NSP correspondence on page 722 NAME CITY OF EAGAN RIGHT OF WAY ORDINANCE MEETING APRIL 15, 1997 REPRESENTING 5p i /s L PHONff (E// S1P- ZZ c e-- ) (cs U �r'e /`/ !�?� �o-r•�:� t, �. moi: a,�� .ms=s i-1-�a- <yr1 yl 3 ' �--� / U rc- &6 r- 46-4�, -<6- 6 Rv,�� M.N C.s4b(e (Lt I- OZ40F M-- dtV of aagan To Eagan Right -of -Way Users: Thank you for providing comments to the Rights -of -Way Ordinance ("ROW Ordinance") proposed by the City of Eagan ("City"). The City received a number of comments from industry representatives ("Commenters") including incumbent right-of-way occupants, some of which are franchised by the City, as well as potential new entrants. Enclosed please find responses to the comments submitted to the City. Because of the repetitive nature of many of the issues raised by the comments, and in the interest of responding quickly, the comments have been grouped into subject areas with responses to each subject. In addition, the responses are grouped into the following categories: issues with which the City agrees; issues with which the City disagrees; issues requiring further input from Commenters and further discussion. Some of the comments generally indicate concern about compliance with federal and state law without explaining the concerns specifically. The ROW Ordinance is based on a model drafted by the League of Minnesota Cities ("LMC") with input from numerous City attorneys. The City, in conjunction with the LMC, has made and continues to make a diligent effort to ensure that the ROW Ordinance complies with existing federal and state law, current state legislative proposals, and state common law such as US West v. Citv of Redwood Falls. Notably, the LMC model and the ROW Ordinance proposed by the City are substantively very similar to ordinances recently adopted by the City of Minneapolis and the City of St. Paul. Many of the Commenters are currently providing service in those cities. However, the City is aware that the law regarding some of the issues raised by the ROW Ordinance is rapidly changing and/or subject to interpretation. The City welcomes comments or suggestions about sl2ecific provisions in the ROW Ordinance. However, the City cannot respond to comments objecting to the lawfulness of the ROW Ordinance taken as a whole. Therefore, the City requests that Commenters submit written proposals with specific language to amend specific sections to address your concerns. This form of input facilitates the City's efforts to understand and address Commenters' concerns. MUNICIPAL CENTER 3830 PILOT KNOB ROAD EAGAN. MINNESOTA 55122-1897 PHONE: (612) 681-4600 FAX: (612) 681-4612 TDD = (612) 454-8535 THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affir ; mac, l Employer MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN, MINNESOTA 55122 PHONE: (612) 681-4300 FAX: (612) 681-4360 TDD: (612) 454-8535 THOMAS EGAN Mayor PATRICIA AWADA BEA BLOMQUIST April 11 1997 p SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrator E. J. VAN OVERBEKE Re: Proposed Rights -of -Way Ordinance; City of Eagan City clerk To Eagan Right -of -Way Users: Thank you for providing comments to the Rights -of -Way Ordinance ("ROW Ordinance") proposed by the City of Eagan ("City"). The City received a number of comments from industry representatives ("Commenters") including incumbent right-of-way occupants, some of which are franchised by the City, as well as potential new entrants. Enclosed please find responses to the comments submitted to the City. Because of the repetitive nature of many of the issues raised by the comments, and in the interest of responding quickly, the comments have been grouped into subject areas with responses to each subject. In addition, the responses are grouped into the following categories: issues with which the City agrees; issues with which the City disagrees; issues requiring further input from Commenters and further discussion. Some of the comments generally indicate concern about compliance with federal and state law without explaining the concerns specifically. The ROW Ordinance is based on a model drafted by the League of Minnesota Cities ("LMC") with input from numerous City attorneys. The City, in conjunction with the LMC, has made and continues to make a diligent effort to ensure that the ROW Ordinance complies with existing federal and state law, current state legislative proposals, and state common law such as US West v. Citv of Redwood Falls. Notably, the LMC model and the ROW Ordinance proposed by the City are substantively very similar to ordinances recently adopted by the City of Minneapolis and the City of St. Paul. Many of the Commenters are currently providing service in those cities. However, the City is aware that the law regarding some of the issues raised by the ROW Ordinance is rapidly changing and/or subject to interpretation. The City welcomes comments or suggestions about sl2ecific provisions in the ROW Ordinance. However, the City cannot respond to comments objecting to the lawfulness of the ROW Ordinance taken as a whole. Therefore, the City requests that Commenters submit written proposals with specific language to amend specific sections to address your concerns. This form of input facilitates the City's efforts to understand and address Commenters' concerns. MUNICIPAL CENTER 3830 PILOT KNOB ROAD EAGAN. MINNESOTA 55122-1897 PHONE: (612) 681-4600 FAX: (612) 681-4612 TDD = (612) 454-8535 THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affir ; mac, l Employer MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN, MINNESOTA 55122 PHONE: (612) 681-4300 FAX: (612) 681-4360 TDD: (612) 454-8535 Proposed Right -of -Way Ordinance Page Two We look forward to a productive meeting on April 15, 1997. We will structure the meeting to receive oral comments by issue, in the manner above -referenced. We would request that prepared oral comments be supplemented with written comments. Of course, participants will be allowed to speak on any of the issues discussed. Finally, the City wants to emphasize that the fundamental goal of the ROW Ordinance is to "level the playing field" for all occupants of the rights-of-way. The ROW Ordinance is designed to level the field amongst all the occupants within the City, and, because it is based on a model ordinance, it is hoped that the ROW Ordinance will be part of a larger effort to rationalize standards amongst cities throughout the state. These goals respond directly to repeated industry requests for such treatment. Sincerely, Jon Hohenstein BERNICK AND LIFSON, P.A. SUITE 1200, THE COLONNADE 5500 WAYZATA BOULEVARD MINNEAPOLIS, MN 55416 TEL. (612) 546-1200 FAX (612) 546-1003 TO: Commenters FROM: The City of Eagan, Jon Hohenstein Thomas D. Creighton, Esq. Robert J. V. Vose, Esq. DATE: April 11, 1997 SUBJECT: Proposed Rights -of -Way Ordinance Comments The City of Eagan ("City") solicited and received a number of comments regarding the proposed right-of-way ordinance ("ROW Ordinance"). The comments provided by various industry/utility commenters ("Commenters") addressed a variety of issues. City staff has grouped the comments into identifiable subject areas. The general nature of the comments regarding each subject area are briefly summarized below, with responses provided for each. The responses are divided into categories based on whether the City agrees with the comments/concerns, disagrees or whether further discussion and input is necessary. Where possible, reference is made to the relevant ROW Ordinance provision. 1. Franchise Exemption. The most common concern identified by the Commenters, including Meredith Cable and Minnegasco, is that occupants of Rights -of -Way ("ROW") currently franchised by the City be exempted from some or all of the provisions of the proposed ordinance ("ROW Ordinance"). All such Commenters suggest that a preexisting franchise provision should control over a conflicting ROW Ordinance provision. The Commenters note that franchises typically contain provisions regarding insurance, indemnification, bonding, etc. This suggestion is consistent with explicit language in the recently adopted Minneapolis ROW Ordinance and the most current proposed state legislation addressing this issue which states in relevant part: If there is a conflict in language between the franchise of a person holding a franchise agreement with a local unit of government and an ordinance regulating use of public rights-of-way, the terms of the franchise shall prevail. SF442, as passed out of the Senate Jobs, Energy, and Community Development Committee (4/3/97) and Senate Local Government Committee (4/7/97). It is expected that parallel language will be amended into HF332 on the House Floor. Because a franchise, pursuant to Minnesota statutory and case law, may be deemed to be both a contract and regulatory ordinance, it is likely that current law would prohibit a municipality from unilaterally modifying certain franchise terms by adoption of a ROW Ordinance. Accordingly, this request appears to be reasonable. However, the City will enforce provisions of the ROW Ordinance which are not addressed in a City franchise or are not in direct conflict with the terms of a City franchise. Further, upon expiration of a franchise, many of the terms of a renegotiated franchise will either simply reference the relevant ROW Ordinance provision or be made parallel with the applicable ROW Ordinance provision. Finally, the City intends to add a related provision to further clarify that a permit or other authorization granted pursuant to the ROW Ordinance may not be the only City authorization required to occupy the ROW. Similarly, franchise holders are still required to comply with other City ordinances including, but not limited to, zoning and permitting ordinances. In accordance with existing state law, the City may also require franchises of cable, electric, gas, and certain other companies. The authority to franchise may be broader, in some respects, than the authority contemplated in the ROW Ordinance. However, the City recognizes that current legal precedent suggests that municipalities may not franchise all occupants of the ROW. The ROW Ordinance is intended to level the playing field to the greatest extent allowed by law. However, the ROW Ordinance will maintain broader franchising authority to the extent provided by law. City staff will draft appropriate language to address these concerns. 2. Discretionan• Authorih,. A few of the Commenters indicated that the ROW Ordinance generally delegates too much discretionary authority to the "Director" or the "Department". Generally, the City agrees and will replace such references with "City". However, in some instances the City may delegate authority pursuant to the ROW Ordinance to streamline and expedite the administrative process at issue. The administrative process for right-of-way occupants and potential occupants may be more burdensome if each of the administrative processes contemplated by the ROW Ordinance required action (with attendant notices, agenda entries, etc.), by the City 2 Council. A related issue raised by some of the Commenters is that the ROW Ordinance should provide for appeals from decisions made pursuant to delegated authority. The City notes that an action taken pursuant to delegated authority is an action by the City and an aggrieved party would retain all normal legal remedies for any improper actions. However, the City agrees that a specific appeal process for such decisions could help minimize more expensive conflict. The City will entertain any proposed language the Commenters would like to submit regarding appeals to the City Council of actions taken pursuant to delegated authority. 3. Dispute Resolution Provisions A number of Commenters request specific dispute resolution language in various provisions. The City generally accepts this suggestion. See #2 above. 4. Application of ROW Ordinance to the Ci % A few Commenters question whether the ROW Ordinance, particularly the fees, will apply to the City's use of the rights-of-way. The City intends to account for the costs it imposes on the rights-of-way, either by accounting for such costs in setting the fee schedule or by simplying complying outright with the ROW Ordinance fee requirements. DISAGREE 1. General. A few of the Commenters raised concerns regarding the ROW Ordinance generally. For example, US West ("USW') states that "the model ordinance contains terms that are either vaguely or simply undefined and is replete with ambiguous terms and conditions". The City staff and retained legal counsel, in conjunction with LMC staff, various city officials, city attorneys and other interested parties throughout the state have collectively spent literally hundreds of hours drafting and redrafting the ROW Ordinance language in light of existing federal and state law. More importantly, the ROW Ordinance is being constantly reevaluated in accordance with the most current legislative initiatives. Every attempt is being made to comply with the direction being contemplated by the legislature. Unfortunately, vague and ambiguous objections to the ROW Ordinance do not help the City understand Commenters concerns. In order for the City to respond, specific proposed amendments would be much more helpful. The City would appreciate any such efforts by Commenters to provide such input. In the absence of specific discussion or argument directed at specific ROW Ordinance provisions, it is impossible to respond to these general objections. 3 (V1 2. Permissive Denial of hermits (Section -2.1 1 ). A few Commenters indicate that the City should not have authority to deny a permit application where the applicant has complied with all the application requirements. The first sentence of this provision indicates that the City could only deny a permit in the lawful exercise of its police powers and to protect the right-of-way. This provision is lawful and appropriate. 3. Re,Dorting Obligations/Mapping fSections 1.07 and 1.08. A few of the Commenters indicate that the reporting/mapping requirements may require disclosure of confidential or proprietary information from utilities in competitive markets. The location of facilities in the City's rights-of-way and the nature of services provided via such facilities is generally not proprietary. Section 1.08 specifically makes provision for "trade -secrets" in accordance with state law. Any proposed amendments to further protect Commenters are, of course, welcome. 4. Special Consideration for Non -Profits. Commenter Dakota Electric indicates that it is a non-profit and that it should receive special consideration in payment of the various fees and other obligations. Federal law generally requires that the City treat right-of-way occupants in a nondiscriminatory fashion to the extent allowed and provided for by law. Neither federal or state law suggest that a non-profit should or must receive special consideration from municipalities in the usage of rights-of-way. Accordingly, the City will seek to "level the playing field" to the fullest extent possible. 5. Removal Requirements (Section 1.16). NSP indicates that it is standard practice to abandon electric and gas facilities in-place. NSP suggests that removal should only be required if and when a public improvement to the ROW requires removal. A fundamental concern is that removal of abandoned facilities due to "public improvements" may not occur until after the owner is defunct or it is impossible to identify who the owner is. This is not a hypothetical concern. In a number of area cities with more congested rights-of-way, it is impossible to identify the owners of many of the facilities/equipment. This requirement will remain absent a reasonable alternative suggestion. 6. Right -Of -Way Restoration (Section 2.07). Generally, a number of Commenters are concerned that ROW excavation and restoration standards should be established in advance and should be flexible based on the type of ROW user. Cities hope to rationalize such standards via model ordinances such as the one at issue. The LMC is encouraging and coordinating such efforts. It is likely that any legislation enacted this session will require the PUC to solicit input from all affected interests in an effort to promulgate non-binding regulations regarding same. With respect to right-of-way restoration specifically, a fundamental purpose of the ROW Ordinance is to provide for maintenance of the right-of-way at the expense of the utility or occupant which damages it. Accordingly, the restoration requirements in the ROW Ordinance will remain in the absence of specific and reasonable suggestions to modify the language. FURTHER DISCUSSION 1. Fees (Section 2.06). Similar concerns regarding the ROW Ordinance fees were raised by Cooperative Power, UtiliCorp United/Peoples Natural Gas, Dakota Electric Association, Brooks Fiber, and USW. For example, of particular concern to USW are the disruptive and obstruction fee provisions which USW states are "in excess of the City's police power authority". First and foremost, it must be noted that the City does not intend to produce general revenues via the ROW Ordinance. To that end, the concept of an "occupation", "franchise", or "use" fee has not been included in the ROW Ordinance. Rather, the City's goal is to ensure that the City's actual costs associated with management and administration of the rights-of-way are fully recovered. In addition, the City seeks to ensure that rights-of-way are fully restored and that disruptions are minimized to the extent possible. These goals are consistent with protecting the taxpayers' investment in public property and are lawful. More generally, the City notes that fee provisions could only be objectionable as applied to a given industry pursuant to whatever legal rights and limitations apply to such industry. Obviously application of specific fees has not yet occurred. The City's standard practice is to authorize the levying of regulatory fees by ordinance with the actual fee schedule set by resolution. This is the City's intent with respect to the ROW Ordinance. Of course, the fee schedule will be developed with input from affected right- of-way occupants. Finally, the legislation expected this session will likely define, with specificity, the type and nature of fees which can be applied. The ROW Ordinance will comply with any such legislation. Concerns about specific fee provisions can be discussed at such time as fee schedule development occurs. 2. Undergrounding (Section 1.09). The concerns regarding undergrounding were raised primarily by electric/power providers. These providers indicate that it is infeasible for certain types of electric lines/voltages to be placed underground. The City requests further information. Assuming appropriate justification, the City will entertain language exempting facilities/equipment where undergrounding would be infeasible. 3. Utili -_Corridors ISgglion 1.09. The concerns raised by the Commenters seems to be that, pursuant to the ROW Ordinance, the City could direct location of facilities/equipment rather than allowing industry to do so on a first-come, first-served basis. The City notes that one of the fundamental objectives of the ROW Ordinance is to ensure the orderly and efficient usage of rights-of-way and to allow for increased, competitive usage thereof. However, the language allowing designation of specific corridors is permissive, to be instituted "as may be necessary". Any determination that such corridors are necessary and designation of such corridors would be accomplished with input from the affected right-of-way occupants. In addition, any state legislation enacted this session could affect this provision. The City requests that Commenters more fully develop concerns about this provision for consideration. 4. Coordination of Construction- Onl; Evers- Five Years (Section 2.11). This provision requires mandatory denial of a permit request in the event the affected right-of-way has been opened within the past five years. The City is amenable to a full discussion of the Commenters' concerns regarding this issue. Any resolution must accommodate the City's appropriate goals to: protect the taxpayers' investment in the rights-of-way; limit excavations and diminution of value of newly constructed right-of-way, and require coordination of projects thereby limiting obstructions. The City would entertain specific alternative suggestions to achieve these goals. For example, the City generally determines its public works projects 5 years in advance. It may be possible to provide notice of such projects to all interested parties on an ongoing basis. Alternatively, Commenters may suggest a special cost recovery mechanism to fully ensure that the diminution in value is recognized when a new street is cut. Finally, the City would entertain additional exceptions to Section 2.11, other than only for emergencies, which may mitigate concern about a 5 year moratorium on excavations or construction projects. 5. Relocation (Section 1.10). ' Some of the Commenters indicate that there should be no requirement for relocation of existing facilities at the cost of the facility -owner unless such facilities interfere with planned public improvements of the rights-of-way. Other Commenters indicate that the authority to require relocation is too broad where the City may require relocation in the event the current location interferes with "an economic development project in which the city has an interest or investment". The Commenters note that nearly all developments reach this threshold. R �D In general, this relocation provision is lawful and consistent with the type found in most franchises. However, the City will modify the language to limit its authority to require relocation pursuant to Section 1.10(iii) only where the existing facilities interfere with a development provided direct financial support by the City, bonded by the City, or provided tax -increment financing. In other such situations, the City will defer to negotiation between private entities. In all other situations contemplated by Section 1. 10, the City could only require relocation in order to accommodate a City or public project. However, the City will entertain additional concerns about this provision. 6. Permitting Process -Too Time Consunjn11? (Section 2.04). A few Commenters indicated concern with the administrative process and information required for permit applications and were concerned with the length of time such process might take. The City would entertain adding a requirement that permits be issued within a time certain after the applicant has complied with all of the requirements and will accept reasonable suggestions in this regard. C:\CABLE\EAGAN\RESPONSE.MEM 7 ow - ter: April 15, 1997 Mr. Jon Hoenstein Assistant City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Mn. 55122 Dear Jon: Northern States Power Company Newport Area 3000 Maxwell Avenue Newport, Minnesota 55055-1001 Telephone (612) 459.5580 In consideration of your request for comments pertaining to the Right of Way Ordinance meeting of April 15, 1997, 1 have summarized NSP's position as follows: 1. NSP asks that the City delay ordinance consideration until State of Minnesota ROW legislation is finalized. 2. Remember that the City currently has the ability to manage the ROW for Essential Service Providers. 3. NSP feels that electric, natural gas, sewer and water are Essential Services and their regulation should not impact facilities already in place pursuant to City regulatory authority. Future regulatory practice should not adversely impact the ability of electric and gas companies to continue providing Essential Services at a reasonable cost. Due to time constraints, NSP has not been able to write formal responses to your summary of 4/11/97. We will provide these documents and will gladly meet with the City to discuss our position. Vck e Service Manager Southeast Metro Area Northern States Power Agenda Information Memo May 6, 1997 _511,_ ._ � u� ACTION TO BE CONSIDERED: To approve/modify/deny a comprehensive Joint Powers Agreement with Inver Grove Heights and, if approved, authorize the Mayor and City Clerk to execute all related documents. FACTS: • In June of 1972, the City of Eagan entered into a Joint Powers Agreement (JPA) with Inver Grove Heights to provide sanitary sewer and water service to the Emerald Hills Trailer Park near the intersection of Opperman Drive and Delaware Avenue (County Road 63). • In May of 1994, Inver Grove Heights requested an amendment to that JPA to accommodate a proposed expansion of the trailer park. • In October of 1994, Inver Grove Heights requested Eagan to prepare a JPA to serve the proposed Boulder Crest 18 lot single family development located adjacent to the Weston Hills Addition. • In November of 1994, Inver Grove Heights requested that the new JPA be expanded to also incorporate the 227 lot development of the Coventry Pass 5'b & 6'b Additions. • In January of 1995, the Public Works Director recommended that a Comprehensive/Global JPA be prepared to identify and address all potential areas requiring Eagan utilities in lieu of processing a JPA on a development by development basis. Because the global JPA process would incorporate major policy issues (e.g., Yankee Doodle Road extension, etc.) and an update of Eagan's Comprehensive Water Supply and Distribution Plan, Inver Grove Heights requested Eagan to prepare an interim JPA (approved August 1995) for the two residential developments. It was mutually agreed that no further utility extensions would occur until a "global" JPA was executed. • Eagan's Comprehensive Storm Water (1965, 1972, 1978, 1984 & 1990) and Sanitary Sewer (1965, 1976, 1982 & 1988) Management Plans have all identified a service area in Inver Grove Heights. However, the Comprehensive Water Supply & Distribution Plan did not include any service area beyond the Eagan border until 1996 update. This water plan update addressed the needs and requirements associated with ultimately servicing 700 acres within Inver Grove Heights. • At the August 20, 1996 Council meeting, the City Council directed that the final JPA 1) require Inver Grove Heights to be responsible for all financial impacts on parks, utilities and other infrastructure systems; 2) the JPA be legally enforceable; and 3) Eagan would not subsidize any Inver Grove Heights development. All three points have been addressed in the draft JPA. • On February 18, 1997, Eagan staff presented the City Council with five policy issues requiring further direction before proceeding with the final JPA. These five policy issues and Council directives along with JPA conditions are described as follows: 73 612 432 3780 SENT BY: 4-30-97 ; 16:55 ; SEVERSON SHELDON-y 681 4694;# 2123 1997 JOINT POWERS AGREEMENT Between THE CITY OF INVER GROVE HEIGHTS and THE CITY OF EAGAN SENT BY 612 432 3780 4-30-97 ; 16:55 ; SEVERSON SHELDON- 681 4694:# 3/23 This Joint Powers Agreement is made and executed by and between the City of Inver Grove Heights, a Minnesota municipal corporation and the City of Eagan, a Minnesota municipal corporation. RECITALS WHEREAS, the western municipal border of Inver Grove Heights is contiguous to the eastern municipal border of Eagan; and WHEREAS, Eagan has designed and constructed water and sanitary sewer tnuwk systems and a storm drainage system in proximity to Inver Grove Heights, which systems are suitable in size to service development within Inver Grove Heights; and WHEREAS, Eagan and Inver Grove Heights did enter into an Agreement on June 20, 1972, entitled "Agreement -Joint Usage of Sanitary Sewer and Water Facilities," which Agreement provided that Eagan would service a portion of property located within Inver Grove Heights, which property is identified as the Emerald Hills Mobile Home Park; and WHEREAS, the Cities of Eagan and Inver Grove Heights did enter into a Joint Powers Agreement in 1995, which Joint Powers Agreement provided for the provision of water and sanitary sewer services by Eagan to certain properties located within Inver Grove Heights, which properties are identified as the Boulder Crest Addition and the Coventry Pass 5th and 6th Additions, and which Joint Powers Agreement also addressed ancillary issues to the developments; and WHEREAS, Eagan and Inver Grove Heights are desirous of entering into this Agreement for the purposes of. (1) terminating the provisions found within the 1972 Draft Date - 4/:30/97 I SENT BY 612 432 3780 4-30-97 : 16:56 : SEVERSON SHELDON 681 4694:# 4/23 Agreement and the 1995 Joint Powers Agreement, referred to above, as well as (2) to provide for storm drainage, sanitary sewer and water to a portion of Inver Grove Heights, pursuant to the terms and conditions set forth below as well as to address park dedications, transportation and other public safety issues, and WHEREAS, the Cities of Inver Grove Heights and Eagan are both statutory cities and have the power and authority under Minn. Stat. §471.59 to enter into this Joint Powers Agreement so as to exercise powers under Minn. Chapters 412, 444 and 462. NOW, THEREFORE, the Cities of Inver Grove Heights and Eagan agree as follows: ARTICLE 1 RECISSION OF PRIOR AGREEMENTS 1.1 1972 AGREEMENT. The Agreement for the joint usage of sanitary sewer and water facilities is hereby terminated and by the execution hereof is rendered null and void. 1.2 1995 JOINT POWERS AGREEMENT. The 1995 Joint Powers Agreement is hereby terminated and upon the execution hereof shall be rendered null and void. ARTICLE 2 DEFINITIONS 2.1 TERMS. The following terms, unless elsewhere defined specifically in this Agreement, shall have the following meanings as set forth below: 2.2 AGREEMENT. "Agreement" means this Joint Powers Agreement entered into between the Cities of Inver Grove Heights and Eagan. 2.3 CITIES. "Cities" means the Cities of Inver Grove Heights and Eagan. Draft Date - 4/30/97 2 SENT BY. 612 432 3780 4-30-97 ; 16:56 ; SEVERSON SHELDON- 681 4694;# 5/23 2.4. CONNECTION FEES. "Connection Fees" means fees imposed by Ewan upon a roc 's connection to the Eagan waterworks s ste mcludin but not limited to: water supply (e.g. wells, reservoirs, trunks and laterals) and stora�eiand treatment together with fees imposed by Eagan upon a property's connection to the Eagan sanitary sewer system, including but not limited to: sanitary sewer conveyance (e.g-. trunks and laterals and treatment. 2.5 EAGAN. "Eagan" means the City of Eagan, a Minnesota municipal corporation. 2.6 1GH. "IGH" means the City of Inver Grove Heights, a Minnesota municipal corporabon. 2.7 NET ASSESSABLE ACREAGE. "Net Assessable Acreage" means the gross acreage of the Property, or any portion thereof, less any dedicated public right-of- way and ponding easements. 2.8 OVERSIZE. "Oversize" means the incremental increase in pipe size over and above the minimum Eagan standards necessary to serve the Property. 2.9 PROPERTY. "Property" means the land areas described on Exhibit "A" as depicted on Exhibit 'B". 2.10 SYSTEM_ "System" means the pipes, valves, manholes, hydrants, services, filterings, meters, towers, ponds, basins and other related appurtenances of the sanitary sewer collection, water supply distribution or storm water drainage facilities. 2. 11 TRUNK AREA CHARGE. "Trunk Area Charge" means the charge imposed by Eagan to finance the cost of oversthe system beyond what is nec;ssat Draft Date - 4/30/97 3 9 612 432 3780 SENT BY: 4-30-97 ; 16:56 ; SEVERSON SHELDON. 681 4694;# 6/23 to serve abutting roe , but is required to handle the volume that passes through the system. ARTICLE 3 UTILITIES 3.1 DESIGN OF WATER SANITARY AND E SYSTEMS. IGH agrees to provide Eagan with all necessary plans and specifications for the connection and extension of the water, sanitary sewer and storm drainage trunks and laterals, along with streets, necessary to service the Property from Eagan. All costs of design shall be the responsibility of IGH. IGH agrees and represents that the designs shall comply with City Engineer's Association of Minnesota (CEAM) utility standards, Eagan's most recent Comprehensive Utility Plan or other requirements that Eagan deems necessary for the trans -community utility extension. IGH will not construct, extend or modify, any portion of the water, sanitary sewer or storm drainage system through which Eagan supplies water or which discharges waste or surface drainage into Eagan, without first obtaining the prior written consent of Eagan. 3.2 CONSTRUCTION. IGH will be responsible for the acquisition of any easements, the construction (including restoration) and the supervision of the installation of the systems necessary to service the Property from Eagan, from wherever the Systems terminate in Eagan at the time of construction. IGH will be responsible to obtain all required permits. IGH represents and warrants to Eagan that all construction will be performed in a workman -like manner and common industry standards. IGH will be solely Draft Date - 4/30/97 4 612 432 3780 SENT BY: 4-34-97 ; 16:57 ; SEVERSON SHELDON 681 4694;# 7/23 responsible for supervision; however, Eagan reserves tl1c right to perform inspections of the installation and connections. 3.3 COSTS FOR THE CONSTRUCTION OF LINK MAINS. If TGH desires any financial participation from Eagan, the trunk main systems required to service the Property pursuant to Eagan's Comprehensive Plans shall be constructed by IGH as a public improvement project. IGH shall be responsible to include in its construction plans provisions for any oversizing of the trunk system that may be necessary to be bid as an alternative under the improvement project. Within thirty (30) days of invoice by IGH following the completion and acceptance of a public improvement project for the trunk systems, Eagan will reimburse IGH the construction cost for the oversizing as specifically set forth in the bid accepted by IGH. 3.4 COST OF CONSTRUCTION OF I ATERALS. IGH shall be responsible for the cost of acquiring all easements, constructing and extending laterals, services and appurtenances within IGH and Eagan, as necessary to service the Property or to provide looping of the systems, as required by Eagan. Eagan shall be responsible for the cost to oversize all utilities in IGH and Eagan as necessary to comply with Eagan's comprehensive utility plan(s) for servicing the Property. 3.5 LOOPING OF WATER SYSTEM. Within twelve (12) months of the date of notice Lorn-vPEagan IGH shall construct and install at its own cost the i cs and appurtenances necessary to obtain_a looping e water system, for that portion of the stem w i h serves theRroperty, as identified in the notice. E nr T rewire the looping of the ,jstem as a condition to the supelying of water to new Draft Date - 4/30/97 612 432 3780 SENT BY: 4-30-97 : 16:57 : SEVERSON SHELDON 681 4694:# 8/23 developments within the Property,if Eagan determines that the loo inis necessary . The looping of the water system shall substantially comply with -the test version of Fagan 3.6 +CONSTRUCTION OF OUTLETS. Notwithstanding the provisions of Articles 3.3 and 3.4,,upon 'the request of IGH, Bagan shall construct any controlled outlets within Eagan that serve as part of Eagan's storm drainage system, and Eagan shall be responsible for the cost of construction. 3.7 REIMBURSABLE ,EXPENSES. Within thirty (30) days of invoice by Eagan, IGH will reimburse Eagan for the cost of Eagan's staff time and/or consultants' time in performing or reviewing design plans and performing construction or compliance inspections for utilities and drainage issues. . 3.8 CONNECTION. When approved by Eagan, property located within Eagan may connect to the systems constructed by IGH within the City of Eagan. Upon the connection to any portion of the system(s) constructed by IGH, Eagan shall remit to IGH either (i) the value of the lateral benefit charged to the Property connecting to the System as determined by the actual cost of construction incurred by IGH in accordance with Eagan's adopted assessment procedures or (ii) the lateral benefit fee according to Eagan's adopted fee schedule in effect at the time of connection, whichever amount is less. 3.9 HOLD HARNIl..ESS AND INSURANCE. IGH agrees to hold Eagan harmless from any claim made with respect to the design and/or construction of the water and sanitary trunk and laterals and storm drainage system. Additionally, IGH shall provide Eagan with evidence of general risk liability insurance and worker's Draft Date - 4/30/97 6 612 432 3780 SENT BY: 4-30-97 ; 16:57 ; SEVERSON SHELDON- 681 4694;# 9/23 compensation insurance, naming Eagan as an additional insured, covering all worts to be performed within the City of Eagan. ARTICLE 4 INTER -CITY TRANSPORTATION 4.1 IGH CONNECTIQNS. IGH shall not construct or permit to be constructed any street which would connect to an existing street within Eagan without the prior approval of Eagan. Any local inter -community street shall be designed so as to comply with Eagan's most recent Comprehensive Transportation Plan. Within thi 30 days of invoice by Eagan, IGH will reimburse Eagan for the cost of Eagan'A Itla time and/or OEM - consultant's time in performing and reviewing design plans for anv transnortation iccue� 4.2 EAGAN CONNECTIONS. Eagan shall not construct or ennit to be constructed any street which would connect to an existing street within IGH without the prior approval of IGH. Any local inter -community street shall be designed so as to comply with IGH's most recent Comprehensive Transportation Plan. Within thi 30 days of invoice by IGH, Eagan will reimburse IGH for the cost of IGH's staff time and/or consultant's time in performing and reviewing design glans for ani transportation issues. ARTICLE 5 TRUNK AREA CHARGES 5.1 TRUNK AREA. Com. Prior to the extension of the system to the common boundary of Eagan and IGH, the extension of the system into IGH or the connection to the system by any portion of the Property, IGH shall pay Eagan the trunk area charge for the entire area of the Property which is being served. The amount of the trunk area charge is the greater of (i) the net assessable acreage of the Property multiplied Draft Date - 4/30/97 7 612 432 3780 SENT BY: 4-30-97 ; 16:58 ; SEVERSON SHE:L.DON-, 681 4694:#10/23 by Eagan's respective trunk area rate(s), or (ii) the number of lots multiplied by Eagan's adopted fee schedule, in effect at the time of the extension, connection or final platting, whichever occurs first. ARTICLE 6 CONNECTION FEES •6.1 CONNECTION FEE. For every connection made to the System(s) within IGH, TGH will pay Eagan a connection fee. No connection to the System shall be allowed by IGH, unless such connection is made pursuant to a permit issued by IGH. The amount I f the connection fee shall be determined by reference to Eagan's adopted fee schedule in effect at the time of the issuance of the permit under which a connection is to be made. IGH shall agree to remit payment of the connection fee to Eagan within thirty (30) days of the issuance of the permit. The connection fee is due to Eagan even if IGH does not collect the fee from the user of the system. 6.2 CONNECTION WITHOUT PERMIT. In the event any connection is made to the System(s) prior to or without the issuance of the permit by 1GH, IGH will pay 0 Maw— Eagan the regular connection fee as set forth in Article 6. 1, plus an additional 10% of the • connection fee within thirty (30) days of the connection having been made. ARTICLE 7 USER FEES 7.1 METERING AND BILLING. Every connection to or use of the System must have a meter installed to accurately measure and record the usage of water or sewage, if only sewer is connected. IGH will be responsible for making certain that a meter is installed and for reading all meters located within IGH served by the System Draft Date - 4/30/97 8 612 432 3760 SENT BY: 4-30-97 ; 16:58 ; SEVERSON SHELDON- 681 4694:#11/23 covered by this Agreement. IGH agrees to remit to Eagan on a quarterly basis, the sum of dollars based upon the total water and/or sanitary usage within the Property as evidenced by the meters. Payments shall begin the first day of the first month following ICjH's commencement of use of the Systems and will be adjusted to conform to normal quarterly periods thereafter. The amount due Eagan by IGH shall be determined by reference to Eagan's adopted fee schedule in affect at the time of customer billing. Payment by 1GH is due to Eagan within thirty (30) days of any direct billing by TGH to its users. IGH acknowledges and understands that the user fee due Eagan under this Article shall be paid by TGH regardless of whether IGH actually collects any money from the users within the Property. IGH will provide a breakdown of gallons of water billed, including adjustments. All payments to Eagan shall include a delineation of the amount being paid for water and sanitary sewer service. 7.2 STORM WATER UTILITY FEE. IGH shall pay Eagan a storm water utility fee for any portion of the Property which drains into Eagan's storm water drainage system be and the natural drain a district (i.e. prior to any grading or development). IGH agrees to remit to Eagan within thirty (30) days of invoice, the sum of dollars based upon the residential equivalents (RE's), calculated by Eagan, according to the Eagan fee schedule as would be calculated for similar property within Eagan. Eagan shall invoice IGH quarterly. 7.3 ADMINISTRATIVE FEE. IGH is entitled to deduct and retain 10% of the user fee calculated pursuant to ArticleS7.1 and 7.2, to cover IGH's administrative and maintenance costs. IGH's right to this discount shall be terminated if. (1) IGH fails to pay Draft Date - 4/30/97 9 612 432 3760 SENT BY: 4-30-97 : 16:59 ; SEVERSON SHEL.DON-• 681 4694:#12/23 Eagan any sum of money owed Eagan, when due, under this Agement; and (2) Eagan delivers a notice to IGH of the failure to pay any such sum and notifying IGH of the termination of the discount. Upon any termination of the discount, IGH shall remit to Eagan 100% of the user fee as calculated pursuant to Article 7.1 of this Agreement. This termination of the discount is in addition to all other remedies available to Eagan under this Agreement. 7.4 METER TESTING. IGH agrees that commencing five (S) years from the date of this Agreement, it will annually inspect for accuracy the meters located within the Property, in such a manner as to insure that 100% of the meters are inspected at least once every 20 years. IGH agrees that all faulty or defective meters that serve the Pro emv or that measure the flow of usa a m the P=erty P=artywill be repaired and/or replaced within two weeks of discovery, at the sole cost and expense of IGH. ARTICLE 8 WATER TOWER 8.1 LAND AVAILABILITY. IGH shall provide Eagan, at no cost to Eagan, approximately #wo_oye and_one-half [llz] acres of land with a base ground elevation of approximately 1000 (MSL) in IGH for the location of a water reservoir tower, together with all necessary easements to access the water tower and to connect the water system. Title to the land shall be held in the name of Eagan, or for the benefit of Eagan. 8.2 DESIGN OF TOWER. Eagan shall be responsible for the cost of designing the water tower in accordance with Eagan's specifications. Eagan shall approve a design and provide IGH with the selected design and Eagan's specifications. IGH shall notify Draft Date - 4/30/97 10' c)J 612 432 3780 SENT BY: 4-30-97 ; 16:59 ; SEVERSON SHELDON 681 4694;#13/23 Eagan of IGH's preferred design and IGH shall be responsible for the cost of any alternate design of the water tower to Eagan's specifications. 8.3 CONTRACTS AND BIDDING. Eagan shall be responsible for preparing the contract documents, the bid letting and the award of the contract to the lowest responsible bidder for the construction of the water tower, according to the design selected by IGH. 8.4 COST OF CONSTRUCTION. If the Cities agree on the design of the water tower Eagan shall be solely responsible for the costs incurred in the construction of the water tower. However, in the event each City selected a different design, each design shall be included in the construction documents as alternative bids, and IGH shall pay Fagan any cost incurred by Eagan to construct the tower according to IGH's design that exceeds the cost to construct the tower according to Eagan's design, as determined by the lowest responsible bidder. 8.5 OWNERSHIP AND MAINTENANCE. Eagan shall be the sole owner of the water tower and is responsible to maintain the water tower. 8.6 LEASE REVENUES. IGH acknowledges that Eagan may lease the use of the water tower site for Eersonall communication equipment and devices to third parties. All revenues derived from the lease(s) shall belong to Eagan. 8.7 PUBLIC SAFETY DEVICES. The water tower shall be available out a f` or the use by the Cities for local public safety and public works communication systems. IGH shall notify Eagan, prior to the installation of any systems of its desire to Draft Date - 4/30/97 11 612 432 3780 SENT BY: 4-30-97 ; 16:59 ; SEVERSON SHELDON 681 4694;#14/23 use the tower and the purpose of the use. IGH shall Coordinate with Eagan the location of IGH's antenna and devices. 8.8 ZON7NG/RESTRICTIVE USE. IGH agrees that Eagan and its Lessees, will, at all times, have access to and use of the water tower for the placement and maintenance of antennas and communication equipment. IGH acknowledges and agrees that the land upon which the water tower is located may be used fore ui mcnt buildings or other ground support to effectuate the EEEonal communication systems. 8.9 COLOR/LOGO. IGH shall select the color to paint the water tower; however, no words, symbols or other markings shall be allowed on the tower without the express mutual consent of both Cities. 8.10 STAGING OF DEVELOPMENT. IGH agrees that only 100 single family lots shall be approved for development within the Property, until such time as the water tower is fully operational, as determined by Eagan. Eagan shall notify IGH that the water tower is operational within two (2) weeks of its being operational. ARTICLE 9 SERVICE 9.1 WATER SUPPLY. Assuming IGH develops in accordance with the land uses as identified in Exhibit C, attached hereto, or does not materially change the usage and o enation of the system and IGH maintains its system according to industry standards, Eagan agrees to maintain an adequate water supply to the Property in the same manner as it provides service to other land in Eagan. Draft Date - 4/30/97 612 432 3780 SENT BY: 4-30-97 : 17:00 : SEVERSON SHELDON- 681 4694#15/23 9.2 SEWER SERVICE. Assuming IGH develops in accordance with the land uses as identified in Exhibit C, attached hereto, or does not materiall chan Ye the usage and operation of the system. and IGH maintains its System according to industry standards. Eagan agrees, subject to approval by the Metropolitan Council, to provide for the discharging of waste material from the Property by means of Eagan's sanitary sewer system in the same manner as it provides service to other land in Eagan. ARTICLE 10 BOOKS AND RECORDS 10.1 REC ORDKEEPING. IGH agrees to maintain accurate records concerning all matters covered by this Agreement, including but not limited to: water and sanitary sewer connections, grading, building and utility permits issued, meter readings and meters tested. 10.2 INSPECTION. IGH and Eagan grant each other the mutual right to inspect all meters, books and records in respect to all connection charges, user fees and calculations utilized in determining all payments to be made by IGH to Eagan that are required under this Agreement. Each City shall have the right to make such audits and inspections as they reasonably determine as necessary, provided the inspections are performed during normal business hours with reasonable notice to the other City. Both Cities shall use all methods available to it to assist the other in gaining access to perfonn said inspections. Draft Date - 4/30197 87"1 SENT BY 612 432 3780 4-30-97 : 17:00 : SEVERSON SHELDON- 681 4694:#16/23 ARTICLE 11 OWNERURP AND MAINTENANCE l 1.1 OWNERSHIP. Upon completion of the construction and installation of the Systems, Eagan will be the owner of the System lying within its corporate boundaries and IGH will be the owner of the System lying within its corporate boundaries, except the water tower site and tower, which will be owned by Eagan. 11.2 MAINTENANCE. Eagan will be responsible for the repair and maintenance of those portions of the System which lie westerly of and including the nearest manhole or valve to the corporate boundary of IGH, which is located within Eagan. Eagan will also be responsible for repairing and maintaining the manhole and valve. IGH will be responsible for the repair and maintenance of those portions of the System which lie easterly of the nearest manhole or valve to the corporate boundary of IGH, which is located within Eagan. For purposes hereof, Eagan grants IGH the right to utilize those portions of the System located within the City of ragan to repair and maintain the portions of the system which are IGITs responsibility. ARTICLE 12 RESTRICTIONS AND PROHIBITIONS 12.1 LEAKAGE, INFMMATIQN AND 1N FLOW CONTROL. IGH agrees to operate and maintain the systems, adopt, implement and enforce measures upon the Property to prevent (i) the unmetered and unauthorized leakage or usage of water from the water lines and (ii) the infiltration or inflow of surface or ground water into the sanitary sewer lines and (iii) any spill or unlawful discharge from entering into Eagan's storm water drainage system. Draft Date - 4/30/97 4 612 432 3780 SENT BY: 4-30-97 ; 17:00 ; SEVERSON SHELDON- 681 4694;#17/23 12.2 WATER CONSERVATION. IGH agrees to adopt, impose and enforce upon the Property, any restriction, conservation or other regulation of water usage as adopted from time -to -time by Eagan, of which Eagan informs IGH. 12.3 PROHIBITIONS. IGH agrees to adopt and impose upon the Property, ordinances prohibiting the unmetered use of water and prohibiting the unlawful use of the sanitary and/or storm sewer systems. Such ordinances will materially conform to ordinances) adopted by Eagan from time -to -tune (and of which Eagan informs IGH). 12.4 RESTRIC:'1'IONS/0RDINANCES. Any water quality measures implemented through ordinances by Eagan shall be implemented through ordinances by 1GH, as deemed necessary by Eagan, to protect the quality of water associated with storm water surface runoff. ARTICLE 13 SPECIAL CONDITIONS 13.1 DEVELOPMENT PLANS. E,agan's approval of the extension of water and sanitary sewer services to IGH is expressly conditioned upon Eagan's approval of development plans for the Property, particularly those plans relating to: usage demands grading; water and sanitary sewer systems; surface water runoff; storm drainage systems; street connections from each development and building permits issued for unplatted property. 13.2 DRAINAGE FROM IGH. No increase of storm water runoff from IGH will be directed or allowed to flow onto property or into the storm drainage ponds or system located within Eagan, beyond the amount of runoff which existed in its natural Draft Date - 4/30/97 5 61 SENT BY: 4-30-97? 432 17:01 0 SEVERSON SHELDON- 681 4694:#18/23 undeveloped condition, without the express written approval from Eagan and then only in accordance with the terms of this Agreement. 13.3 DRAINAGE FROM &GAN. No increase of storm water runoff from F agan will be directed or allowed to !low onto property or into the storm or system located within IGH, beyond the amount of runoff which existed in its natural undeveloped condition, without the express written approval from IGH and then only in accordance with the terms of this Agreement. ARTICLE 14 PARK DEDICATION - RESIDENTIAL 14.1 FEES. IGH agrees to remit to Eagan the most current Park Dedication Fee per residential lot for each residential lot created within the Property. The total park fees calculated for each newly platted residential' subdivision shall be paid by IGH to Eagan prior to IGH's release of the plat for recording purposes. 14.2 LAND. Park land dedication, in accordance with Eagan's standards, shall be provided with each newly platted residential subdivision, as determined by the City of Eagan.ny land dedicated for park purposes shall be credited against the park dedication fees required under Article 14.1. All such dedicated land shall be made available for use and scheduling of Eagan Athletic Association activities to serve the needs of the residents located within the Property. 14.3 WATER Q UALITY. IGH shall provide Eagan with all grading drainage and erosion control plans that relate to the development of the Property. IGI i shall implement all water quality measures as determined by Eagan, pursuant to Eagan's Water Draft Date - 4/30/97 16 SENT BY:612 432 3780 4-30-97 ; 17:01 ; SEVERSON SHELDON 681 4694;#19/23 (Quality Management Plan, including the payment of all fccs or charges or the creation of treatment basins imposed by Eagan relating to the development of any of the Property, which discharges surface water runoff into Eagan!s systems. ARTICLE 15 HOLD HARMLESS AND INDEMNIFICATION 15.1 EXPENSES IN CONNECTION WITH THIS AGREEMENT. IGH agrees to pay all of Eagan's costs and expenses in connection with the preparation, carrying out and enforcement of this Agreement. Eagan's costs include all staff time, consultant fccs and attorney fees and costs incurred by the City of Eagan. IGH agrees to remit payment to Eagan within thirty (30) days of billing. 15.2 HOLD HARMLESS AND INDEN4MFICATION. IGH agrees to hold Eagan harmless and to indemnify Eagan from any and all claims asserted against Eagan for the loss or interruption of any service provided by Eagan under this Agreement or for any sewer blockage or surcharge of Eagan's system that may be caused by construction or .maintenance (or lack thereof) within IGH. IGH's hold harmless and indemnity also includes, but is not limited to, any claim involving the quantity and/or quality of the services provided by Eagan. ARTICLE 16 DEFAULT AND REMEDIES 16.1 _DEFAULT. The following events shall be deemed a default under this Agreement: a. IGH's failure to pay any sum of money to Eagan when due; b. IGH's failure adopt and to reasonably enforce the ordinances referred to in Article 12; and Draft Date - 4/30/97 17 SENT BY: 612 432 3780 4-30-97 ; 17:01 ; SEVERSON SHELDON- 681 4694:#20/23 C. Failure by either City to perform any obligation set forth in this Agreement. 16.2 REIyMDMS. a. Upon a default by IGII, Eagan shall have the following remedies: (i) To charge and collect interest upon any payment due Eagan, at an annual percentage rate of eight per cent (89/o) from the due date of payment through the date payment is received. (ii) Upon ten (10) days written notice to IGH, to charge and collect connection and user fees at a rate of two (2) times the amount of the fees as set forth in Eagan's adopted fee schedule; and (iii) Any other right and/or remedy available to it under law or in equity. b.. Upon a default by Eagan, IGH shall have all remedies available to it under law or in equity. ARTICLE 17 MISCELLANEOUS 17.1 NOTICE. Any notice required to be given under this Agreement shall be deemed given when deposited in the U.S. Mail, postage prepaid, or personally delivered and addressed to the City Administrator at the respective City Hall street address. 17.2 GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 17.3 ENTIRE AGREEMENT. This Agreement embodies the entire understanding of the Cities as it solely relates to the Property. This Agreement supersedes any and all previous agreements and/or discussions. Draft Date - 4/30/97 612 432 3786 SENT BY: 4-30-97 : 17:02 : SEVERSON SHELDON 681 4694:#21/23 17.4 AMENDMENT AND WAIVER. The Cities may amend this Agreement in any respect. All amendments must be in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. 17.5 VA.LIDY TY. if any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this Agreement. 17.6 COUNTERPARTS. This Agreement may be executed in any number of counterparts. Each of which shall be deemed an original but all of which shall constitute one in the same instrument. 17.7 EFFECTIVE DATE. This Agreement shall become effective upon all of the following events occurring: a. Approval of this Agreement by the City Council of IGH andtie execution of this Agreement by IGH; and 11 b. Approval of this Agreement by the City Council of Eagan and execution of this Agreement by Eagan. 17.8 This Agreement shall be binding upon the successors, administrators assigns of Eagan, and IGH. CITY OF INVER GROVE HEIGHTS, CITY OF EAGAN, a Minnesota a Minnesota municipal corporation municipal corporation By: Joseph Atkins Its:. Mayor Draft Date - 4/30/97 By: Thomas A. Egan Its: Mayor SENT BY 612 432 3760 4-30-97 ; 17:02 ; SEVERSON SHELDON 681 4694;#22/23 By: Loretta Garrity Its: Deputy Clerk STATE OF MLNNESOTA ) ) ss. COUNTY OF DAKOTA ) By: E. J. VanOverbeke Its: City Clerk On this clay of , 1997, before me a Notary Pub is within and for said County, personally appeared JOSEPH ATKINS and LORET' A GARRITY to me personally known, who being each by me duly sworn, each did say tt at they are respectively the Mayor and Deputy Clerk of the City of Inver Grove Heights, t ie 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 Deputy Clc k acknowledged said instrument to be the free act and deed of said municipality. Notary Public STATE OF MINNESOTA) )Ss. COUNTY OF DAKOTA ) On this day of 1997, before me a Notary Pu within and for said County, personally appeared THOMAS A. EGAN and VanOVERBEKE to me personally known, who being each by me duly sworn, each say that they are respectively the Mayor and Clerk of the City of Eagan, the municipa named in the foregoing instrument, and that the seal affixed on behalf of municipality by authority of its City Council and said Mayor and Clerk acknowled, said instrument to be the free act and deed of said municipality. Notary Public Draft Date - 4/30/97 2 SENT BY: 612 432 3780 4-30-97 ; 17:02 ; SEVERSON SHELDON 681 4694:#23/23 THIS INSTRUMENT WAS DRAFTED BY. SEVERSON, SHELDON, DOUG14ERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (612) 432-3136 MGD/wkt Draft Date - 4/30/97 21 Agenda Information Memo May 6,1997 - Eagan Advisory Planning Commission C. ORDINANCE AMENDMENT REGULATING ANTENNA, TOWERS, SATELLITE DISHES AND WIND ENERGY CONVERSION SYSTEMS ACTION TO BE CONSIDERED: • To approve/deny an amendment to the Eagan City Code Chapter 4, "Construction Licensing, Permits and Regulation, Including Signs, Excavations and Mobile Home Parks" by deleting Section 4.50 "Placement, Erection and Maintenance of Wind Energy Conversion Systems and Radio or T.V. Towers" and amending Chapter 11, "Land Use Regulations (Zoning)" by adding Section 11. 10, Subdivision 30, regarding regulations of "Antennae, Towers, Satellite Dishes and Wind Energy Conversion Systems". FACTS: The APC held a Public Hearing for the proposed Antenna/Tower Ordinance amendment at their regular meeting on March 25, 1997, and recommended approval. ISSUES: At the regular City Council meeting held on April 15, 1997, Thomas Alexander of the Larkin -Hoffman Law firm, representing American Portable Telecom, submitted a letter requesting specific changes to the proposed ordinance. The requested changes include; broadening the number of zoning districts permitting freestanding towers and building mounted antennae, increasing the proposed height of the towers, reducing setback requirements, and the required placement of equipment and buildings. The City Council directed staff to prepare a response to the submitted letter and continued discussion of the proposed ordinance to the regular meeting of May 6, 1997. 0 At the Public Hearing held at the APC regular meeting on March 25, 1997, representatives from American Portable Telecom and AT & T spoke and requested changes including; broadening the number of zoning districts permitting freestanding towers, not restricting freestanding towers to the rear yard of a lot, and that equipment buildings should not be required to be constructed of building materials of the principal building. • The APC responded to the public input by stating that the identified issues had been discussed throughout the ordinance review process and should remain. The APC also informed the communication service representatives that a change may be made at sometime in the future if a need existed. The APC unanimously recommended to approve the ordinance with several incidental changes to content which have been incorporated into the draft included in the Council packet. BACKGROUND/ ATTACHMENTS: ( APC minutes of Mar 1997, pages through. APC Memo, pagesthrough Letter from Thomas Alexander of Larkin -Hoffman, pages *through �through� Memo responding to letter from k' -Hoffman, pages ,(!�. Ordinance, pages through. Page 2 March 25, 1997 _ ADVISORY PLANNING COMMISSION i -J PUBLIC HEARINGS ORDINANCE AMENDMENT Commission Chair Heyl opened the first public hearing of the evening regarding an Ordinance Amendment to Chapter 11 entitled "Land Use Regulations (Zoning)" by adding Section 11.10, Subd. 30, regarding regulations of "Antennae, Towers, Satellite Dishes and Wind Energy Conversion Systems." Associate Planner Dorgan introduced this item. Mr. Dorgan highlighted the information presented in his memorandum to the APC dated March 18, 1997. Peter Coil of Hoffman & Larkin law firm, representing American Portable Telecommunications ("APT") expressed concern over the limited number of zoning districts in which the towers are allowed. He noted that the location of towers are driven by the elevation and radio frequency coverage and thus location within a zone not permitted under the ordinance may be required. Mr. Coil inquired as to whether rooftop mounted antennas are prohibited for commercial purpose to which Mr. Dorgan clarified that free-standing towers are only allowed in two districts, Industrial and Public, whereas rooftop antennas are allowed in any district as long as they meet the height requirements. Mr. Dorgan further clarified that rooftop antennas in districts with residential uses shall not be used for commercial purposes. Mr. Coil pointed out that the language for the free-standing tower location states that they must be placed in the rear of the yard. He suggested that this requirement may be too restrictive for a best use of the property. Mr. Coil also stated that APT does not usually construct an equipment building to hold the tower or antenna, but rather uses a standard utility encasement. Mr. Coil proposed the question that if there was a brick building on the lot, would they then expect the equipment building to be made of bricks. In response to Mr. Coil's inquiry, Planner Dorgan stated if the principal equipment building that they are looking for something aesthetically similar to the surroundings. Member Frank inquired as to the size of the encasement, to which Mr. Coil responded that they were not physically obtrusive and would usually include landscaping. A Real Estate Agent, Ron Milke, who was representing AT&T, stated that outside counsel, Peter Beck, had written a letter on behalf of AT&T Wireless Services proposing similar concerns as those addressed by Mr. Coil. Commission Chair Heyl asked Planner Dorgan to comment on the concerns of Mr. Beck. Planner Dorgan stated that the main concern was to consider broadening the number of zoning districts which allow free- standing facilities. There were four other concerns that are listed in the letter and one was regarding wording, two clarifying the same point as Mr. Coil about the wireless. communication antennas in residential zoning districts and not understanding why those are not allowed; three was addressing a subsection and Mr. Milke noted that the cost Page 3 March 25, 1997 ADVISORY PLANNING COMMISSION would be significantly less if it was allowed as stated; and four stating that their engineers are not licensed and so they would like this wording to be taken out of the amendment. Commission Chair Heyl closed the public hearing to the public. Commission Chair Heyl stated that she has no concern in the letter regarding the wording "rooftop" being replaced with the term "building mounted". In reference to the fourth concern regarding the qualified license professional engineer, Commission Chair stated that this would be changed and accepted. With regard to number three, Commission Chair Heyl agreed with the suggestion to add a new subsection allowing 125 -foot facilities with one additional user. Member Burdorf clarified that the intent is to have co -users to reduce cost. Commission Chair Heyl stated that the issue of commercial antennas in residential areas had been discussed this summer and as for now would remain as is. Member Burdorf stated that in the future there maybe a time when citizens request a need for a change in this ordinance but until then he will not support it. Member Frank suggested that an equipment building not be required as the height and width of the cabinets are not that large and are in the back of the yards where they are not easily visible. Member Burdorf noted that the language should be clear as to the maximum height that a cabinet would not need an equipment building. Member Frank suggested that staff would work on this issue with the communication service providers before it would go to Council. Commission Chair Heyl raised the question of whether the .cabinets should be located in the side or the rear of the yard to which Member Frank responded that he had no problem with it being the rear. Member Burdorf raised the question of satellite dishes and how they would be seen in this ordinance, to which Planner Dorgan stated that any new satellite dishes would be required to be in the rear yard; already existing satellite dishes can remain as is. In regard to Member Frank's inquiry about antennas on the houses, Planner Dorgan stated that that is allowed as long as the maximum height of the antenna does not exceed 15 feet. Member Miller moved, Member Bakken seconded, a motion to recommend approval of an Ordinance Amendment Chapter 11 entitled "Land Use Regulations (Zoning)" by adding Section 11.10, Subd. 30, regarding regulations of "Antennae, Towers, Satellite Dishes and Wind Energy Conversion Systems" subject to the revisions as discussed above. All voted in favor. a city of eagan ADVISORY PLANNING COMMSSION MEMO TO: Chair Heyl and Advisory Planning Commission Members FROM: Steve Dorgan, Associate Planner DATE: March 18, 1997 RE: Ordinance Amendment Regulating Antenna, Towers, Satellite Dishes and Wind Energy Conversion Systems BACKGROUND OF PROCESS The APC and Staff have been working with representatives of the communication service industry to develop an ordinance in response to the anticipated need for communication service providers to establish communication networks within the city. Since last June, the APC has conducted several workshop meetings in which testimony from communication service providers was provided and reviews of a draft ordinance regulating antennae and towers were conducted. At the APC Workshop meeting held on June 25, 1996, presentations on communications technology were given by representatives of the communication service industry. On October 10, 1996, the APC held a Workshop meeting to review a draft ordinance outline and heard testimony from communication service providers. The APC gave direction for staff to draft an ordinance and to contact communication service providers for input on the draft ordinance. On November 14, 1996, the APC convened in a Workshop with communication service providers to review the draft Tower/Antenna Ordinance. The APC gave direction for staff to incorporate comments into an ordinance. At the APC Regular Meeting on January 28, 1997, the APC set a public hearing for the regular March meeting for the proposed Antenna/Tower Ordinance to amend the zoning code regulating communication towers, antennae, satellite dishes and wind energy conversion systems. SUMMARY OF ORDINANCE Existing Code The current City Code regulating communication towers allows towers to be located in all zoning districts of the City subject to approval of a Conditional Use Permit. Towers may not exceed 100 feet in height and must have a setback equal to the height of the tower or the distance from the base 00 APC Memo - Tower/Antenna Ordinance March 25, 1997 Page 2 of the tower to the nearest property line, whichever is less. Proposed Code Towers - The proposed Tower/Antennae Ordinance was developed to address existing and anticipated concerns for the location and appearance of towers and antennae within the city. The proposed Ordinance allows for the location of towers within the Industrial and Public zoned districts of the city subject to a Conditional Use Permit. The Ordinance allows towers to be a maximum of 100 feet in height for single users and 150 feet in height for co -location towers of three or more users. By providing an incentive for co -location, the overall number of towers required to be located within the city should be reduced. Noncommercial communication towers up to 60 feet in height are allowed to locate within residential zoned districts of the city. Setbacks - One other change in the proposed Ordinance is the setback requirements for the towers. Towers will only be required to meet the building setbacks of the district except when adjacent to a residential structure. Then the setback will be twice the tower height from a residential structure for commercial towers. Due to recent structural and aesthetic designs in communication towers, larger setback requirements are not needed. Rooftop SatelIite/Dishes Antennae - Satellite dishes and rooftop mounted antennae are also regulated in the proposed Ordinance. Satellite dishes and antennae may be located on a building or structure in all zoning districts of the city provided they do not exceed 15 feet in height. These regulations do not exist in the current Code. Performance standards regulating; appearance, location, safety and structural design are provided in the proposed Ordinance and are not a part of the existing Code. The following is a breakdown of significant changes: lEzistine Code Towers Permitted All zoning districts subject to CUP Tower Height 100 feet Tower Setbacks Equal to height of tower structure) Satellite Dishes/ Antennae Height Not regulated Wind Energy Systems All zoning districts subject to CUP Ic) Pro osed Ordinance Industrial and public districts subject to CUP 100 feet 150 feet for co -location tower Building setbacks of district (Commercial towers 2X height of tower from residential 15 feet above roof in all zoning districts Permitted in Agricultural Industrial and Public Districts subject to a CUP APC Memo - Tower/Antenna Ordinance March 25, 1997 Page 3 ACTION TO BE CONSIDERED: To recommend approval of an amendment to the Eagan City Code Chapter 4, "Construction Licensing, Permits and Regulation, Including Signs, Excavations and Mobile Home Parks" by deleting Section 4.50 "Placement, Erection and Maintenance of Wind Energy Conversion Systems and Radio or T.V. Towers" and amending Chapter 11, "Land Use Regulations (Zoning)" by adding Section 11.10, Subdivision 30, regarding regulations of "Antennae, Towers, Satellite Dishes and Wind Energy Conversion Systems". BACKGROUND/ ATTACHMENTS: (2) Matrix of Zoning Districts, page_. Draft Ordinance Amendment, pages_ through ioZ = w a) CAI Z600010 =o R N C c� �E _CD y 0 OC !— O �0 co Ow � W E C E �— O u r I f _ ! Vii y 5�'i a ' B'Lw .' z s d o o; of o 0 0l o of of m z ZZI z Z z Z z Z m v: C d I t I d E ! _� r GO aci Z U I U I W C9 _ Z cr ' ¢ 5 d O ;o gn Z z a X I ' y � Z KI M' M• di tG= x; l0 iii �0 d !ii M, x t0. = ^ W ,� LU a al ai a al a� al: a! a' a 06 10 t� U. Qi f ��_ C c I c W' t W y I , c I I I cl P A. k = 0 Oi m �! m 0 o+ aG C d I t I d E ! _� r GO aci Z U I U I '0 G cr ' ¢ 5 d O ;o gn Z z a X I ' i KI M' U) t I ! IL € a a U) t I ! IL I I ' N Z z � X I ' x I �0 KI M' M• M tG= x; l0 iii �0 x w !ii M, x t0. = ^ gE�� a�I 06 10 t� I ��_ C c I c W' t W c; c, c cl ci cl v,' cl A. k = 0 Oi m �! m 0 o+ aG ccm m ' m {�I r� pwU' 0 r r �Ii Vj ..`. O z .► �I _ Q! •� .- .i .- a. �; W a. - d b l a d' SL a �' a; L! C G z 0 Z D O' to: d O' m' 0 r.' 0 w 0 .r' 0' o rl o, -- r' d b a€ Q 8. o' y Z E C p! Z Z, z Z z Z' Z, Z m! n =' W Q! o ti o a i ; I ! E_ �: I H. L6 i _ i I a o o W t I ! IL I I ' N Z z � X I ' x I �0 KI M' M• M Mi x; l0 iii �0 x w !ii M, x t0. = ^ a�I v, t� v,' o; C I c W' t W c; c, c cl ci cl v,' cl Cb S. c i = 0 Oi m �! m 0 o+ ' S S — m� m ' m 3 ! pwU' 0 r r ..I ...� .� .► o d O Z. rn plI._ � Z; Q Q� Q; Q I ! I U' UN Go m m' N w C I L. CL t z IL I ' N D � � I m Q i LLl ! I U' UN Go m m' N w C I L. CL '"""'""""" 1AAr, Il,r h •. I.A 1 LARKIN IIUI , °I'MAN, ITALY & 1.11Nt)(i1(IdN, LTD. 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Ar1Aau WAI 1%44@nL'JgI al 1l A"K11f If INA{ A t7/A1,111 Ht17LNJ AAMIMaII ..ryYA{f, AIEAMAiN AUWI A MAV IWA41 1 Axis{0 MII1Lj M (4C011s"1{VkVM E1V.MN AVANscrn:14 MO UIL 111-1,11NVA "AI"Nr "KL{EN CMW"v a. %merADCIARY, A■NF li0{ 0116 a EAI.1 MW D&WIL 11 l L\NM moon "Worm .#&.m *1`4V C Pn[N1A10"Ne 111kYNAl1l ,*AJ. NAM N"E rN A. WL4f W0 f LAft M AWXftftN A71N1 A. rAi<OEAI�rI{OA GOWl AOOAeIL AgavAl �'IN MEr! A1. dKt WARE blow A. I1. N:NAKnII ALI AAIB �{N uL{1A 4 ~1r 4411% Mr/A'AA vam4ti. XVISOWNTNI ' ALrnAowrrlpNweca.{w April 15, 1997 Mayor l3blan and Members of the City Council City or' IEagan 3830 Piloq Knob Road VIA FACSIMILE 681-4694 liugan, Mihnes(1lu 55122 AND HAND DELIV)LRED Re: Ordinance Amendment Regulating Antemta, Towers, SWOlite Dishes and Wind i:ncrby Conversion Systems Dcur Maypr Eg:in and Council Members: This firm represents American Portable 'Telecom ("APT") in comicetion with its plans to duvelop sites to erect telecommunications antennae and towers in key locaitilms throughout the Greater 'Twin Citics Metropolitan Region, some of, which may he within the City of, Fagan (the "City")We understand that the City Council for (lie City is Considering the Above-relereneed ordiraunce (the; "Proposed Ordinance") at its city council 111cating this evening. The purpose of this letter is to present AlIT's positiotl with retard to the Proposed Ordinance. APT was one of the suCcessful bidders for new license rights to construct a wirelc,s cutilmutlications fratichisc ill the 'Twin Cities Region. An must proceed immediately under its license to cOilstruet a seninless telecommunications network in tate 'Twin Cities Region. It must install An antenna system to conuneuc:c operutions by the spring of 1997. In order to dcve;lop tilt communication network, APT needs to obtain antennae amid tower sites for telecommunications antennue, of tip to one hundred sixty -rive (165) f4ct ill height. APT lens becil evaluating proposed sites to establish coverage in high demand locittians, securing rights to the proposed sites from property owners, and is processing applications throughout the '1'witl Cities Region seeking authorization for needed lower and antenna locations. Z 'd sY11I L661'SI'b0 V 05z� 968 219 d001d H1SI'011 1 0 H 1 WONJ LARKIN, HOFFMAN, DALY & LINDUU.:N, LTD. Mayor Egan and Members of the City Council April 15, 1997 Page 2 'Chcreforc, oil behalf of AFT, we request that the City consider the comments listed below regarding the Proposed Ordinance. - All capitalized terms that are not otherwise defined herein hove the meanings attributed tel them in (lie Proposed Ordimitice. Subtl. 31. Antennae, Ssrtellite Dishes, Wind rnera Conversion Systems and 'Powers ySAT17- _1'I' OISUi:;�S,). it. lts:ln I '['his provision prohibits commercial antennae froth being lmuunted oil buildings within Agricultural District ("A"), Estate District ("1;"); Residential Districts ("R-1, R-21 It -3, R-4, and R-5"); or Planned Developinent District (within areas designated solely for residential use) ("]?D"). It is doubtful that the City would prefer a new tower be constructed in a preferred zoning district, wIlCJ1 all existing building within Certain of the restricted districts listed herein could accotnnlodaw all arntc;rina. 'I'herel'ore, wu request that the City allow building -mounted antetlnae in A, R-3, R-4, and R-5 districts. a a � t. s►� � • . t �► �► ►►a it., 'LS). This provision al lows certain towers and antennae in A, C, R-1, R-2, R-3, R-4, R-5, and certain PD districts subject to specified requirements. 011e of the requirements is that the; towers and antennae shall not be used for commercial purposes. There is no justification fur prohibiting commercial towers alul antennae froth locating in such districts, as lollg as they comply with the specified requirements. Therelore, we request that subpart (g) of this provision be removed. h. Item 2 (1 m=I n lieu '1'ow993 alld—AlItClInUC in Non tt c,sicicllti�Tl ' 1iSlCiL'.ls). This provision allows towers and antennae to be located in I,itllited Industrial Districts ("(-t"is General Industrial Districts ("I-2"), Public Facility Districts ("P") and I'D Districts (within areas designated for solely industrial uses), pursuant to a C:onditionul Use 1'ertnit ("CtjP"). Although we understand the City's preference for freestanding commercial. towers to be placed in such districts, we believe that restricting cunlmercial towers to tltcx lbw districts is excessively restrictive. Therefore, we request that 1'reesstandimg towers and antennae be allowed in commercial and business districts subject to it CUP, and allowed ill the I-1, 1-2, 11, and PD industrial districts as a permitted use subject to tilt; stundards set t'urth in Item 2. This will create an incentive for commercial tciccuuunullicalions providers to locate towers in the industrial -Incl public districts, but alluw dlenl in commercial and business districts if necessary. (1) Subpart (a)(iii), Since API's systelll is designed to operate optiltlally ttt uTTc hundred sixty-five (165) feet, we request that "enc hundred nifty (150) feet" be changed to "one hundred sixty-five; (165) lett." f 'd Sf:LT 166I'ST'90 21001d H1ST'O1� 1 0 H l WOdd 0S2ZZ gob ci9 LARKIN, HOFFMAN, DAL,Y & LINl CREN. LTD. Mayer lagan and Members of the City Council April 1 S, 1997 Paige 3 (2) Subpart (b), This provision requires towers to be set back front residential structures a distance equal to two (2) times the t►eight of the tower. 1'I►is setback requirement is excessive and will make siting towers more diflic:ult because it will eliminate potential locations that are uniquely suited li)r sucdh use. '1'ltero is no public safety basis for this requirement. lit addition, the aestiletics of a tower is not significantly affected by increasing the setback to tilt: distance: established in this provision. Therefore, we request that this provision be changed to require a setback equal to the height of the tower plus ten (1 U) feet, frons the nearest residential structure. (3) Subpart (c). This provision requires towers to be located ill the rear yard. !tt order to allow flexibility in siting towers in the preferred districts, we reque.4t that towers in such districts be allowed to be located in the rear and side yards. (4) Subpurt (g), This provision requires acccssury eyt►ipmci►t to be located within an equipment encasement not exceetliug 10 tett (W) x 10 feet (L) x 5 feet (11) ill size. APT's accessory equipment iaclucles flour (4) cabinets of approximately 3 Elect (W) x 3 feet (L) x 5 feet (I1). 'Therefore, we request that the provision be revised to multiple equipment encasements, provided the aggregate of such e►►cayements does not exceed the dimensions set forth in this provision. (5) Subpart (i). This provision establislics certain requirements that must be satisfied before a new tower will be permitted. Siltce cacti provider will generally use only one type of antenna specific to their respective system, we request that sub - subpart (i) of this provision be revised as I'olluws: The planned equipment would exceed the strueaural capacity of the preferred co -location site, and (1u preibrred co -location site cnalnot be reinforced, modified, or replaced to accommodate the planned cctuipment or --its ecltti•vailent-at a reasonable cost, as certified by .t qualified radio frequency engineer. aCa s � C� a►��C� a►. Item I Same comments as provided regarding accessory equipmcrnt in Paragraph D, Item 2, Subpart g, above. o� 4 'd Of LS L66I'SS'40 dOOld HIST '011 1 4 H 1 WOdd O&M 969 2I5 II ***ON3*** L.ARKIN, IHOFFMAN, ITALY & LINDQREN, 1;11). Mayor and Members of tho City Council April 15, 1997 Pagel: 4 b. Iters R. We request that this provision be revised as follows: Stn►ctural design, mounting and installation p, AIA U) of a tower, antenna or satellite dish which requires a building permit shall be approvcd by a qualificdl licensed engineer, and Please make this letter a part of the formal record of the City's deliberation oil the Proposed Ordinance. If YOU have ally clucstions or concerns related to these matters, please call me tit (G 12) 896-3375. Sincerely, / 41, 'Phomas F. Alexander, for LARKIN,110FI,MAN, DALY & LINDGREN, Ltd. cc: Jefl'Peterson JoAn Barstow 02922,15.01 07 S 'd 4L :1i t6b['Si'40 d001d H1Si'011 1 0 H 1 WOad 052£ 969 2T9 city of eagan TO: Tom Hedges, City Administrator FROM: Steve Dorgan, Associate Planner DATE: April 21, 1997 RE: Ordinance Amendment regulating Antennae, Towers, Satellite Dishes and Wind Energy Conversion Systems This memo is in response to a letter submitted to the City Council from Thomas Alexander of Larkin, Hoffman, Daly & Lindgren, Ltd. who represents the communication provider American Portable Telecom (APT). The Larkin-Hoffinan Law firm has been on the City's mailing list to receive meeting notices and copies of the draft ordinance throughout the ordinance review process. No comment has been received regarding the ordinance until the Public Hearing and the City Council meeting. The following is an item by item response to the concerns raised in the submitted letter regarding the proposed Tower/Antenna Ordinance: 1. PARAGRAPH B. Building Mounted Antennae and Satellite Dishes Request: To allow commercial antennae to be located on buildings within the Agricultural "A" and R-3, R-4, and R-5 Residential Districts. Reasoning for Standard: Legal staff has advised that residential districts provide for residential uses only. Therefore, no commercial uses should be permitted within a district zoned for residential uses. Currently, the City Code allows very restrictive uses within residential districts. For example, in-home occupations as a limited use operated by the resident of the home, and by CUP; Golf Courses or Day Care Facilities and Beauty Parlors (as an in-home business). Commercial antennae are designed to serve entire regions, not exclusively to serve residents of the surrounding areas. Also, by allowing commercial antennae in residential districts, a precedent may be set for other commercial uses to establish in the residentially zoned districts of the City. lof Memo - Tower/Antenna Ordinance April 18, 1997 Page 2 The APC agreed with the advice of legal staff deciding that building mounted antennae are permitted in all nonresidential districts of the City and felt it would provide adequate coverage for the providers. In reviewing the existing residential housing stock within the city, the APC concluded that the current characteristic of residential housing, including multi -family structures, does not lend itself to commercial antennae locations at this time. Most multi -family structures within the city are 3 stories high (about 35 feet) unlike high rise residential structures in other metro area communities. 2. PARAGRAPH D. Freestanding Towers and Antennae Item 1 Request: To allow freestanding towers up to 165 feet in residential districts for commercial purposes. Reasoning for Standard: Legal staff has advised that residential districts allow for residential uses only. Therefore, no commercial uses should be permitted within a district zoned for residential uses. The proposed ordinance would permit freestanding towers 60 feet in height in residential districts for noncommercial uses only. The request is also made in the letter to increase tower heights to 165 feet to accommodate APT's technology. Public, health, safety and welfare issues must be considered when permitting the location of freestanding towers, including potential collapse onto residential buildings. In addition, residential zoned properties within the city would not accommodate required or proposed tower setbacks. The APC determined that the allowing freestanding towers in the proposed I-1, I-2 and P districts would provide substantial coverage throughout the city and that other districts may be included at a future date if a need was founded. Item 2 Request: To allow freestanding towers as a conditional use within all commercial districts and as a permitted use in the Limited Industrial Districts (I-1), General Industrial Districts (I-2), Public Facilities (P) and PD Districts. Reasoning for Standard: The APC determined that at the present time, with the establishment of the communication service networks within the city, that freestanding towers should be limited to specific zoning districts of the city. They noted proposed zoning districts I-1, I-2 and P would provide substantial coverage throughout the entire city for freestanding towers in combination with building mounted antennae in all nonresidential zones. At a later date when the communication networks are more established and a need is shown for locations within other districts, the ordinance could be revisited to determine if other districts should permit freestanding towers. The APC concluded that it is easier to add additional districts at a future date versus removing approved zoning districts and leave nonconforming uses. A wait and see approach was /v1 Memo - Tower/Antenna Ordinance April 18, 1997 Page 3 determined as the most desirable approach to the implementation of the ordinance. (1) Subpart (a) (iii) Request: It was noted by APT that their system is designed to operate at 165 feet and the permitted height of a freestanding tower should be changed to 165 feet. Reasoning for Standard: A land -use decision is needed to determine the permitted height of a freestanding tower. Based on discussions with the APC and communication service providers over the last year, the limit of 150 feet was established. The 150 foot height was found to accommodate most all required antennae heights and is consistent with what other communities have approved as a maximum height. A representative of APT, Attorney Peter Coyle from Larkin -Hoffman, attended the APC Public Hearing and made no mention to the need for a 165 foot height requirement for freestanding towers, but made request for an additional height requirement at 125 feet with two users. He indicated that their antennas are typically located at those heights. (2) Subpart (b) Request: To allow a setback requirement which is equal to the height of the tower plus ten (10) feet. The proposed ordinance would require towers to be set back a distance two times the height of the tower from a residential structure. Reasoning for Standard: The APC analyzed this requirement during the ordinance review process. Representatives from the communication service industry requested a setback which would be equal to the height of the tower from a residential structure. The APC determined that the communication towers were not compatible with residential districts. In addition, it was determined that for public safety reasons, the towers be setback 2 times the height of the tower from a residential structure. (3) Subpart (c) Request: To allow towers in the side yards. be located in the rear yard only. The proposed ordinance requires a tower to Reasoning for Standard: As policy, staff has considered a "rear yard" as being the area of a lot located from the back corner of the principal building on a lot to the back property line. The "side yard" was not originally approved as an approved location for a freestanding tower. However, there is no issue with including the "side yard" as an approved location for a freestanding tower. (4) Subpart (g) Request: To revise the standard of the proposed ordinance which requires accessory equipment in excess of and area which is 10 feet (V) x 10 feet (L) x 5 feet (H) in size to be completely enclosed. The revision would permit the aggregate of equipment encasements not to exceed the proposed dimensions. ;'lo Memo - Tower/Antenna Ordinance April 18, 1997 Page 4 Reasoning for Standard: The intention of the standard was to consolidate the equipment within a specific area and if the equipment exceeded the specified area, an enclosure or building would be required. In addition, the intent of this standard is in line with the outdoor storage requirements of the City Code which require all outdoor storage to be completely enclosed. At the APC Public Hearing, a representative from the Larkin-Hoffamn Law Firm stated that an enclosure of 10 feet (V) x 10 feet (L) x 5 feet (H) was sufficient for their proposed equipment. The APC originally recommended an enclosure be required for all equipment, however in response to their request agreed that equipment that was encased in a cabinet and below a certain dimension would be acceptable. The AFC's intention was to allow encased equipment of a limited size not be required to provide an enclosure. The requested change to the ordinance would allow for the disbursement of the equipment throughout a site. (5) Subpart (i) Request: To modify the co -location standard which reads: The planned equipment would exceed the structural capacity of the preferred co -location site, and the preferred co -location site cannot be reinforced, modified, or replaced to accommodate the planned equipment at a reasonable cost, as certified by a qualified radio frequency engineer. Reasoning for Standard: The intent of the proposed ordinance is to promote the co - location of communication antennae onto existing or proposed freestanding structures. The standard requires a communication service provider to be flexible when siting antennae. Revising the proposed standard defeats the purpose of a co -location requirement. By not requiring a communication service provider to be flexible with the planned equipment at a reasonable cost, providers are able to avoid the co -location requirement. 3. PARAGRAPH E. General Standards a. Item 5 Request: Same comments as provided in Paragraph D, Item 2, Supart g. b. Item 8 Request: To revise the following standard: Structural design, mounting and installation plans fora€ a tower, antennae or satellite dish which requires a building permit shall be ver-ified aa4 approved by a qualified licensed engineer; and /l� Memo - Tower/Antenna Ordinance April 18, 1997 Page 5 Reasoning for Standard: The proposed standard puts the burden of proof on the communication service provider to verify the structural integrity of a tower and/or equipment on-site from a qualified licensed engineer that the installation was correct. The City staff is not qualified to inspect structural design and installation of proposed towers and equipment. By changing the proposed standard, no requirement will exist for the City to attain verification that the installation of equipment is performed according a submitted set of plans. Please contact me if you have any questions regarding these responses or the proposed Tower/Antenna Ordinance. . �7-7� Steve Dorg Associate Planner 681-4690 Attachment: Letter from Thomas Alexander of Larkin -Hoffman cc: Lisa Freese, Senior Planner Mike Ridley, Senior Planner memoltower ord tomH 4_18.97 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FOUR ENTITLED "CONSTRUCTION LICENSING, PERMITS AND REGULATION, INCLUDING SIGNS, EXCAVATIONS AND MOBILE HOME PARKS" BY DELETING SECTION 4.50; AMENDING CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY ADDING SECTION 11.10, SUBD.. 30, REGARDING REGULATIONS OF ANTENNAE, TOWERS, SATELLITE DISHES AND WIND ENERGY CONVERSION SYSTEMS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 4, is hereby amended by deleting Section, 4.50 entitled "Placement, Erection and Maintenance of Wind Energy Conversion Systems and Radio or TV Towers" in its entirety. Section 2. Eagan City Code Chapter 11 is hereby amended by adding the following definitions to Section 11.03, to read as follows: Sec. 11.03. Definitions. "Antenna" - A device used for transmitting or receiving electromagnetic waves, including but not limited to: television or video, AM/FM radio, analog or digital, microwave, cellular or personal communications service (PCS), telephone or data, or similar signals. "Preferred Co -location Site" - An existing or approved tower, structure, or building which may accommodate planned equipment for a proposed new tower within a one-half ('/z) mile search radius of the proposed tower location. "Satellite Dish" - An antenna device used for transmitting or receiving electromagnetic waves, but which incorporates a reflective surface that is solid, open mesh, or bar figured and is in the shape of a shallow dish, cone, horn, or cornucopia. For purposes of this Chapter only, a satellite dish, which technologically constitutes an antenna as defined herein, shall be deemed as a separate and distinct antenna and shall be specifically regulated as such in this Chapter. "Tower" - Any freestanding structure designed specifically to elevate an antenna, satellite dish or similar apparatus. /0 "Wind Energy Conversion System" - A device including a wind charger, windmill, or wind turbine designed to convert wind energy to another form of usable energy such as electricity or heat. Section 3. Eagan City Code Chapter Eleven is hereby amended by deleting the phrase "Antenna -Radio or TV" from Section 11. 10, Subd. 19(A). Section 4. Eagan City Code Chapter Eleven is hereby amended by adding Section 11 10, Subd. 31, to read as follows: Subd. 31. Antennae, Satellite Dishes, Wind Energy Conversion Systems and Towers. A. Purpose. The regulations and requirements of this Subdivision are intended to: (1) Provide for the appropriate location and development of antennae, satellite dishes, towers, and wind energy conversion systems which are often needed to serve the residents and businesses within Eagan; (2) Minimize adverse visual affects of antennae, satellite dishes, wind energy conversion systems and towers through careful design, siting, and screening; (3) Prevent damage to adjacent properties from the collapse or destruction of antennae, satellite dishes, wind energy conversion systems and towers; (4) Maximize the use of existing tower or structures in order to limit the number of freestanding towers; and (5) Provide restrictions and regulations which do not conflict with any Federal statute or FCC rule or regulation. B. Building Mounted Antennae and Satellite Dishes. Building mounted antennae and satellite dishes shall be permitted in all zoning districts of the City, subject to the following requirements: (1) The height of any building mounted antenna or satellite dish, including its support structure, shall not exceed 50% of the total building height or fifteen (15) feet above the highest point of the roof; whichever is less; (2) Accessory equipment associated with a building mounted antenna or satellite dish shall be located within the building or within a roof or ground enclosure which is constructed of materials and color scheme compatible with the principal building; (3) Building mounted satellite dishes located within any Agricultural District ("A'); Estate District ("E"); Residential District ("R-1, R-2, R-3, R4, and R-5"); or Planned Development District, within the area designated solely for residential uses under a .Planned Development Agreement ("PD") shall not be larger than one (1) meter (thirty- nine inches (39")) in diameter, and (4) Building mounted satellite dishes and antennae located within any Agricultural District ("A" ); Estate District CS); Residential District ("R-1, R-2, R-3, R-4, and R-5"); or Planned Development District, within the area designated solely for residential uses under a Planned Development Agreement ("PD") shall not be used for commercial purposes. C. Freestanding Satellite Dishes. Freestanding satellite dishes shall be permitted in all zoning districts, subject to the following requirements: (1) Freestanding satellite dishes shall be located in the rear yard; (2) Accessory equipment associated with a freestanding satellite dish shall be located within the principal building or within an enclosure which is constructed of materials and color scheme compatible with the principal building or within an equipment encasement not exceeding 10 feet(W) x 10 feet(L) x 5 feet(I-1) in size; (3) Satellite dishes and any accessory equipment enclosures shall meet the setback requirements for accessory structures as set forth in this Chapter of the City Code; (4) Satellite dishes and accessory equipment enclosures shall not be located within any utility or drainage easement; and (5) Freestanding satellite dishes located within any Agricultural District CW'); Estate District ("F'); Residential District ("R-1, R-2, R-3, R4, and R-5"); or Planned Development District within the area designated solely for residential uses under a Planned Development Agreement ("PD") shall not be used for commercial purposes. (6) Freestanding satellite dishes shall not exceed fifteen (15) feet in height. D. Freestanding Towers and Antennae. (1) Freestanding Towers and Antennae in Residential Use Districts. Freestanding towers and antennae shall be permitted as an accessory use only in Agricultural Districts ("A"); Estate Districts ("E"); Residential Districts ('R-1, R-2, R-3, R-4 and R-5"); and Planned Development Districts within the area which is designated solely for residential j3� uses under a Planned Development Agreement ("PD"), subject to the following requirements: (a) The combined height of a freestanding tower and any antenna mounted thereto shall not exceed sixty (60) feet, in height, measured from the base of the tower to the highest point of the tower, including any antenna mounted thereto; (b) Permanent platforms or structures, exclusive of antennae, that increase off-site visibility are prohibited; (c) No more than one (1) freestanding tower shall be permitted on any one residential lot; (d) All setback requirements for accessory structures, as set forth in this Chapter, shall be met, provided the minimum setback distance from a residential structure shall be equal to the permissible height of the tower, (e) The tower shall be located in the rear yard; (f) The tower shall be self supporting through the use of a design that uses an open frame or monopole configuration; (g) No tower shall be used for commercial purposes. (2) Freestanding Towers and Antennae in Non -Residential Use Districts. Notwithstanding Paragraph (1) herein, freestanding towers and antennae shall be permitted pursuant to a conditional use permit approved by City Council only in Limited Industrial Districts ("I-1" ); General Industrial Districts ("1-2"); Public Facility Districts ("P") and Planned Development Districts within the area designated solely for industrial uses under a Planned Development Agreement ("PD"), provided an antenna shall be a permitted use in a Public Facility ("P") provided the antenna is placed or mounted on a City water reservoir tank or tower. Freestanding towers and antennae permitted under this Paragraph shall be subject to the following requirements: (a) The combined height of any freestanding tower and antennae or satellite dishes mounted thereto shall not exceed: (i) one -hundred (100) feet, measured from the base of the tower to the highest point of the tower-antenna/satellite dish combination; or (ii) one -hundred twenty-five (125) feet, measured from the base of the tower to the highest point of the tower-antenna/satellite dish 4 combination, provided the tower is designed to: (A) Accommodate the applicant's antennae and at least one (1) additional comparable antennae for other communication providers; (B) Accept antennae mounted at varying heights; and (C) Allow the future rearrangement of antennae upon the tower. (iii) one -hundred fifty (150) feet, measured from the base of the tower to the highest point of the tower-antenna/satellite dish combination, provided the tower is designed to: (A) Accommodate the applicant's antennae and at least two (2) additional comparable antennae for other communication providers; (B) Accept antennae mounted at varying heights; and (C) Allow the future rearrangement of antennae upon the tower. (b) All setback requirements for any accessory equipment building or structure shall be met as set forth in this Chapter, provided the minimum setback distance of the tower from any residential structure shall be equal to two (2) times the height of the tower; (c) The tower shall be located in the rear yard; (d) The tower shall be self-supporting through the use of a design that uses an open -frame or monopole configuration; (e) Permanent platforms or structures, exclusive of the tower or antennae, that increase off-site visibility are prohibited; (f) Existing vegetation on the site shall be preserved to the greatest possible extent practical; (g) Accessory equipment associated with freestanding towers and antennae shall be located within an equipment building constructed of materials and color compatible with principal building and surrounding area or within an equipment encasement not exceeding 10 feet(W) x 10 feet(L) x 5 feet(H) in size. 5 117 (h) The applicant shall provide a color manipulated "as built" photograph of the tower as proposed for the location. (i) No new tower shall be permitted unless the City Council finds that the equipment planned for the proposed tower cannot be accommodated at any preferred co -location site. The City Council may find that a preferred co - location site cannot accommodate the planned equipment for the following reasons: (i) The planned equipment would exceed the structural capacity of the preferred co -location site, and the preferred co -location site cannot be reinforced, modified, or replaced to accommodate the planned equipment or its equivalent at a reasonable cost, as certified by a qualified radio frequency engineer; (ii) The planned equipment would interfere significantly with the usability of existing or approved equipment at the preferred co -location site, and the interference cannot be prevented at a reasonable cost, as certified by a qualified radio frequency engineer, (iii) A preferred co -location site cannot accommodate the planned equipment at a height necessary to function reasonably, as certified by a qualified radio frequency engineer; or (iv) The applicant, after a good -faith effort, is unable to lease, purchase or otherwise obtain space for the planned equipment at a preferred co - location site. E. Wind Energy Conversion Systems. Wind energy conversion systems shall be permitted only in Agricultural Districts ("A"); Limited Industrial Districts ("I-1"); General Industrial Districts ("I-2"); Public Facility Districts ("P") and Planned Development Districts within the area designated solely for industrial uses under a Planned Development Agreement ("PD") pursuant to a conditional use permit approved by City Council subject to the following requirements: (1) The system shall not exceed a height of one -hundred (100) feet; (2) All setback requirements for accessory structures as set forth in this Code shall be met, provided the minimum setback distance from any residential structure shall be equal to two (2) times the height of the main structure of the system; _(3) All systems shall have an automatic speed control device as part of the design, /lf (4) All systems shall comply with the Minnesota Pollution Control Agency's Noise Pollution Section (NPC 1 and NPC 2), as amended; and (5) Any wind energy conversion system which utilizes a propeller shall have neither a blade rotation diameter of greater than thirty-five (3 5) feet nor a blade arc less than thirty (30) feet above the ground. F. General Standards. All antennae, satellite dishes, towers, and wind energy conversion systems shall be subject to the following additional requirements: (1) Location and color shall be in a manner to minimize off-site visibility to the greatest possible extent. (2) Compliance with all applicable provisions of the City Code, including the provisions of the State Building Code therein adopted, in addition to the requirements set out in this Subdivision. (3) No signs, other than for public safety warnings or equipment information, shall be affixed to any portion thereof. (4) No artificial illumination, except when required by law or by a governmental agency to protect the public's health and safety, shall be utilized; (5) The placement of transmitting, receiving and switching equipment shall be integrated within the site, being located within an existing structure whenever possible; any new accessory equipment structure shall be attached to the principal building, if possible, and constructed of materials and of a color scheme compatible with the principal structure and/or surrounding area or within an equipment encasement not exceeding 10 feet(W) x 10 feet(L) x 5 feetp in size. (6) Accessory equipment or buildings shall be screened by suitable landscaping, as set forth in this Chapter, except where a design of non -vegetative screening better reflects and compliments the architectural character of the surrounding neighborhood; (7) Building permits shall be required for the installation of building mounted satellite dishes in excess of five feet in diameter, towers, and wind energy conversion systems; (8) Structural design, mounting and installation of a tower, antenna or satellite dish which requires a building permit shall be verified and approved by a qualified licensed engineer, and (9) Towers, and any equipment attached thereto, shall be unclimbable by design for the first twelve (12) feet or completely surrounded by a six (6) foot high security fence with a lockable gate. Section 5. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 6. 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: 8 fav ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN E-NTI-I-LED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.20 REGARDING ANTENNAE, SATELLITE DISHES, WIND ENERGY CONVERSION SYSTEMS AND TOWERS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 1 l is hereby amended by changing Section 11.20, Subd. 3(C)(5), to read as follows: C. Accessory Uses. Within any Agricultural ("A") District, any accessory use permitted an R-1 District sliall be pennitted and a wind energy conversion system, subiect to the regulations thereof in this Code, shall be pennitted. Section 2. Eagan City Code Chapter 11 is hereby amended by adding Section 11.20, Subd. 4(C)(7) and (8), to read as follows: 7. Building mounted antennae and satellite dishes, subject to the regnllations thereof in this Code. S. Freestanding towers, subject to the regulations thereof in this Code. Section 3. Eagan City Code Chapter 11 is hereby amended by adding Section 11.20, Subd. 5(C)(7) and (8), to read as folloxvs: 7. Building mounted antenna and satellite dishes, subject to the regulations thereof in flus Code. S. Freestanding towers, subject to the regulations thereof ui this Code. Section 4. Eagan City Code Chapter 1 l is hereby amended by changing Section 11.20, Subd. 7(A), to read as follows: A. Permitted Uses. Within any Public Facilities District, no stt-ilcture 01- land rland shall be used except for one or more of the following uses or uses deemed similar by the Council: Public strictures, parks, playgrounds, camping grounds, swlnllning pools, tennis courts, golf courses, churches, schools, hospitals, and building mounted antennae and satellite dish, subject to the regulations thereof in this Code. Section 5. Eagan City Code Chapter 11 is hereby amended by adding Section 11.20, Subd. 7(B)(3), to read as follows: 3. Freestanding tower and wind energy conversion system, subject to the regulations thereof in this Code. Section 6. Eagan City Code Chapter 11 is hereby amended by adding Section 11 20, Subd. 9(D)(4), to read as follows: 4. Building mounted antenna or satellite dish, subject to the regulations thereof in this Code. Section 7. Eagan City Code Chapter 11 is hereby amended by adding Section 11.20, Subd. 16(E)(1), to read as follows: E. Permitted Accessory Uses. 1. Building mounted antenna or satellite dish, subject to the regulations thereof in this Code. 2 Section S. Eagan City Code Chapter l 1 is hereby amended by adding Section 11.20, Subd. 16(C)( 15), to read as follows: 15. Freestanding tower or wind energy conversion system, subject to the reaulations thereof in this Code. Section 9. Eagan City Code Chapter l l is hereby amended by adding Section 11.20, Subd. 17(D)(1), to read as follows: D. Pennitted Accessory Uses. 1. Buildin; mounted anteimia or satellite dish, subject to the regulations thereof in this Code. Section 10. Eagan City Code Chapter l I is hereby amended by adding Section 11.20, Subd. 17(B)(13), to read as follows: 13. Freestanding tower or wind energy conversion system, subject to the regulations thereof in this Code. Section 11. Eaan Cit), Code Chapter I 1 is hereby amended by adding Section l 1.20, Subd. I S(D)(3), to read as follows: 3. Building mounted antenna or satellite dish, subject to the regulations thereof in this Code. Section l2. Eagan City Code Chapter 11 is hereby amended by adding Section 11.20, Subd. 22(D)(5), to read as follows: 5. Building mounted antenna or satellite dish, subject to the regulations thereof in this Code. 3 (�3 Section 13. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in tlieiu- entirety by reference as though repeated verbatim. Section 14. Effective Date. This ordinance sliall take effect upon its adoption and publication according to law. ATTEST: By: E. J. VanOverbeke Its: Clerk Date Ordinance Adopted: CITY OF EAGAN City Council By: Thomas A. Egan Its: Mayor Date Ordinance Published in the Legal Newspaper: Date of Advisoiy Planning Commission Hearing: Agenda Information Memo May 6, 1997 D. APPOINTMENTS TO THE ADVISORY PARKS COMMISSION ACTION TO BE CONSIDERED: To appoint two members to the Advisory Parks Commission. FACTS: • There have been two resignations from the Advisory Parks Commission recently. The alternate member was appointed to a full member position at the March 18 City Council meeting. • An advertisement was placed in the local newspapers and individuals who had previously expressed an interest in serving on the Advisory Parks Commission were contacted regarding the vacancy. * Two applications have been received and are attached for Council's consideration. • One appointment needs to be made for a full member with the term to expire on December 31, 1997. The other appointment to be made is for an alternate member with the term also expiring on December 31, 1997. ATTACHMENTS: a Background Information Forms on pages 1 240through lz�l . (a� CITY OF EAGAN BACKGROUND INFORMATION FORM *Please type or print clearly in ink 05�W*A K&Td-)OH 3 -,2A -11 Name Date In order that the Mayor and Councilmembers have a better understanding of your background and interests, please provide the following information: (Attach extra sheets U necessary). • Home Address- 44t3 Phone (H) (o ' O How long have you lived in Eagan? I�P years Occupation_ _ Phone(") '851-1161 Please indicate which Committees/Commissions you are applying for. List only those you would be seriously interested in serving on. lkwlsol" fAv-*l 4Q*. T10#j 1st Choice 2nd Choice GG WlM�1�i'�lbv 3rd Choice 4th Choice Prior experience on City Commissions, City Boards, etc. Provide a short paragraph summarizing why you are seeking an appointment to a Commission in the City of Eagan. Briefly describe your background, experience and any other information not previously given which you believe should be considered regarding the appointment you are seeking. IAJ ���-��uv�s�l•,.�i■s�2'�iaa;i,r.:r'�/�i�s i �i�� sm �. ' 4! f Return to: City Administrator City of Eagan 3830 Pilot knob Road Eagan MN 55122 Telephone: (612) 6814600 Date Received (For Office Use Only) CITY OF EAGAN BACKGROUND INFORMATION FORM *Please type or print clearly in ink N. Mark Filioi _ 6jZ17/1996 Name Date In order that the Mayor and Councilmembers have a better understanding of your background and interests, please provide the following information: (Attach extra sheets If necessary). Home Address 836 Overlook Place Phone (H) 687-9666 Ea an MN 55123 How long have you lived in Eagan? 7 years Employer Metropolitan Council of the Twin Cities Occupation Transportation Planner Phone(W)229-2125 Please indicate which Committees/Commissions you are applying for. List only those you would be seriously interested in serving on. 1St Choice Planning Commissinn 2nd Choice Park & Recreation Comm. 3rd Choice Econ. Devploo. Comm. 4th Choice_ A;rnnrt- R -la .jnne Prior experience on City Commissions, City Boards, etc. None as a member. However: I have 13 years of experience as a JWTIS 11 . - . . . _ . - . . . _ . �� ��- Zfijja =@gall Olga I which has prepared me to sit on the other side of the table as a member and act in a sound, reasonable manner. Provide a short paragraph summarizing why you are seeking an appointment to a Commission in the City of Eagan. Upon moving back to Minnesota seven Years a_qo, my wife_and I decided that we wished to build our home and settle in Eagan because of its location amenities natural resources and friendly atmosphere. I feel that I owe the communtiy something for providing all these benefits to my family. Given my background, I feel that I could be en asset to th_ ccmmuni -I on one of its toards, Briefly describe your background, experience and any other information not previously given which you believe should be considered regarding the appointment you are seeking. I have a masters de ree in city and regional olannincl and am member of the American Institute of Certified Planners and the Institute of Transportation Engineers. I have worked in zoning, subdivision review, economic development, housing and transportation planning fields for many years. My employment with the Metropolitan Council would bring an insiders viewpoint to any of the boards concerned with land development or planning. Return to: City Administrator City of Eagan 3830 Pilot knob Road Eagan MN 55122 Telephone: (612) 681-4600 Date Received (For Office Use Only) al A Agenda Information Memo May 6, 1997 I.NEW BUSINESS A. REQUEST FOR CITY CODE CHANGE REGARDING LIMITATION ON OWNERSHIP FOR ON -SALE LIQUOR LICENSES ACTION TO BE CONSIDERED: To approve/deny a request to amend the City Code to change the limitation on ownership of on -sale liquor licenses. FACTS: The City received an inquiry from Tom Torgerson, President of Torgerson Properties, about the possibility of acquiring a liquor license for a proposed Hilton Garden Inn Hotel. Upon staff's response, he is making a formal request to the City Council to change the ordinance. Mr. Torgerson is an owner of the Green Mill Restaurant and a holder of an on -sale liquor license at that location. The City Code (Section 5.05 Limitation on Ownership) specifically prohibits a person from being granted an on -sale liquor license at more than one location. ATTACHMENTS: • Letter requesting City Code change on pages through f ,3 Z.. • Staff's letter of notification about the City Council meeting and th need to separate the requested accommodations on pages �, through -,4-; • St'`a�f^�P/ss summary of the on -sale liquor license inventory on pages� through P R O P E R T I E S 335 SW Benson Avenue, P.O. Box 1020, Willmar, Minnesota 56201 April 16. 1997 Honorable Mayor Tom Egan and City Council c/o Tom Hedges City Administrator 3830 Pilot Knob Road Eagan. MN 55122 Office (320) 235-7207 Fax (320) 235-5563 Re: Liquor License Application and PUD Amendment - Proposed Hilton Garden Inn Hotel, Eagan. MN Torgerson Properties, hic. and New Ulm Enterprises, Inc. have developed. own, and operate the Green Mill and Holiday Inn at the intersection of Cliff Road and I -35E. The same parties are now proposing to develop, own and operate a Hilton immediately north of our Holiday Inn. It is our hope the City will embrace our proposed development and provide us some needed accommodations. We are not requesting any financial assistance. What we are requesting is that the City accommodate us as follows: 1) Liquor License Code Waiver allowing the Hilton and the Green Mill to each hold a license though the ownership is common. For clarification on this request. please refer to the enclosed correspondence with Elizabeth Witt at the City. The Hilton needs a liquor license for service to it's meeting facilities. room service. and Lobby/Great Room Lounge. 2) PUD Amendment allowing the Hilton to be four stories in height and to hold a Liquor License. The accommodations being requested are essential to allow us to proceed with the proposed development. Should the City accommodate us, it would be our goal to begin construction August 1997. I am available to discuss this matter at your earliest convenience. Sincerely. -;e Thomas R. Torgerson Qy�11� President Enclosures CC: Emmett Erpelding Jerry Dannheim Dave Torgerson Elizabeth Witt %- "Mike Ridley ' Owners and Operators of Hospltatlty Businesses underFrn hise U�,005 nse from Holidayliday Inn, Inn Hampton Inn, Comfort Inn, Super 8. Green Mill and Perkins in Willmar, Fairmont, Austin, Hinckley, Red Wing, Eagan, Shoreview. Maple Grove and Golden Valley, MinneSOTa CITY OF EAGAN' 3830 Pilot Knob Road Eagan, MN 55122 (612).681-4600 APPLICATION FOR ON SALE LIQUOR LICENSE This application is for a proposed Hilton Garden Inn hotel to be Iocated at Lot 1, Block 1, Rahncliff 31 Addition, north of the Holiday Inn Express Hotel & Suites, Eagan, MN. The owners / developers, via a separate entity, already hold a liquor license in Eagan for the Green DCII Restaurant. Ownership and legal structures are as follows: Green Mill Restaurant: NUE And Torgerson, LLP, A Minn. Limited Liability Partnership Ownership: 50% Torgerson Properties, Inc. 50% Thomas R. Torgerson 50% David B. Torgerson 50% New Ulm Enterprises, Inc. 213 Emmett Erpelding 1/3 Gerald Dannheim Proposed Hilton: NUE And Torgerson IL LLP, A Minn. Limited Liability Partnership in the process of being formed. Ownership: d. b. a. poj.jaY 50% Torgerson's of Eagan, MN, Inc (axere"- 100% Torgerson Properties, Inc. 50'/o New Ulm Enterprises, Inc. Contact: Thomas R. Torgerson Phone Number. (320) 235-7207 P.O. Box 1020 Fax Number. (320) 235-5563 335 SW Benson Avenue Willmar, MN 56201 LICENSE TYPE: On -Sale Hotel 100 rooms 55,000 square feet total Meering Rooms 1,600 square feet, 100 persons Dining Room / Lobby 2,500 square feet, seating 60 persons On -Site Kitchen for servicing banquets, hot breakfasts and miscellaneous food service. �5� Sti ,ray-- dtV OFcagan April 25, 1997 Thomas R. Torgerson, President Torgerson Properties 335 S.W. Benson Ave. P.O. Box 1020 Willmar, MN 56201 Re: Liquor License Application and PUD Amendment Proposed Hilton Garden Inn Hotel, Eagan, MN Dear Mr. Torgerson: THOMAS EGAN Moyor PATRICIA AWADA BEA BLOMOUIST SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrator E. J. VAN OVERBEKE City Clerk City Administrator Hedges has asked that I coordinate the processing of your request for a City Code amendment removing the limitation on ownership of liquor licenses. The City Council cannot waive this provision of the City Code for your application and would instead need to amend the code, if they desire to make a change. I have placed consideration of this request on the City Council's agenda for May 6, 1997, as an item of new business. Your second request for the PUD amendment will require a separate application through Community Development with subsequent consideration by the Advisory Planning Commission and the City Council. Our City Council has chosen not to review the specifics of development applications without following this process which allows for adequate staff review and public participation and input. I believe Mike Ridley is familiar with your request and can assist you in processing the PUD amendment application. MUNICIPAL CENTER 3830 PILOT KNOB ROAD EAGAN. MINNESOTA 55122-1897 PHONE: (612)681-4500 FAX: (612) 681-4612 TDD: (612) 454-8535 THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH 1N OUR COMMUNITY Equal Opportunity/Affirmativ ti oyer MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN, MINNESOTA 55122 PHONE: (612) 681,4300 FAX: (612) 681-4360 TDD: (612) 454-8535 Thomas Torgerson April 25, 1997 Page Two Thank you for your continued interest in developing in the City of Eagan. In the event you have questions about the processing of your current requests, please contact the appropriate staff person. Sincerely, E.. VanOverbeke, CPA Finance Director/City Clerk cc: City Administrator Hedges Senior Planner Ridley EJV/jeh 1997 ON -SALE LIQUOR Al Bakers Al Baker 3434 Washington Drive Eagan, MN 55122 Apple America Ltd. Ptnsp of MN Applebee's Neighborhood Bar & Grill 1335 Town Centre Drive Eagan, MN 55123 Casper's Cherokee Sirloin Room of Eagan, Inc. Cherokee Sirloin Room 4625 Nicols Rd Eagan, MN 55122 Cedarvale Bowl, Inc. Cedarvale Lanes/Fitz's Bar & Grill 3883 Beau d'Rue Drive Eagan, MN 55122 Chili's of Minnesota, Inc. Chili's Southwest Bar & Grill 3625 Pilot Knob Road Eagan, MN 55122 Cliff Corporation J. Doolittles 2140 Cliff Road Eagan, MN 55122 Nue & Torgerson, L.L.P. Green Mill Restaurant 1960 Rahncliff Road Eagan, MN 55122 5/1/97 Cuz, Inc. LaFonda de los lobos 3665 Sibley Memorial Highway Eagan, MN 55122 Mediterranean Cruise Mediterranean Cruise Restaurant 3945 Sibley Memorial Highway Eagan, MN 55122 Wadsworth Old Chicago, Inc. Old Chicago Pizza 1312 Town Centre Drive Eagan, MN 55123 West Jersey Associates, Inc. Richards 4185 South Robert Trail Eagan, MN' 55123 Marriott Management Services Corp. River Park 3400 Yankee Drive Eagan, MN 55122 Hall & Convention Center, Inc. Royal Cliff 2280 Cliff Road Eagan, MN 55122 Starks I, Inc. Starks Saloon 3125 Dodd Road Eagan, MN 55121 Eagan Airport Hotel Associates ARG Enterprises, Inc. Holiday Inn Stuart Anderson's Cattle Company 2700 Pilot Knob Road 1299 Promenade Place Eagan, MN 55121 Eagan, MN 55121 Jensen's Supper Club, Inc.Latt, Inc. Jensen's Supper Club Valley Lounge 3840 Sibley.Memorial Highway 3385 Sibley Memorial Highway Xagan, MN 55122 Eagan, MN 35122 3 1997 ON -SALE LIQUOR (cont.) D F & R Operating Company Spur, Inc. (Club license) Don Pablos #96D125 (open 8/97) Lost Spur Country Club Promenade P1 2750 Sibley Memorial Hwy Eagan, MN 55121 Eagan, MN 55121 Probable on -sale applications Hoolihans Timberlodge Steakhouse, Promenade P1 Town Center Dr (near theater complex) Eagan, MN 55121 Eagan, MN 55123 Inquiries for on -sale license Two inquiries regarding Cracker Barrel site One inquiry regarding multiple ownership - Green Mill & hotel One inquiry regarding multiple ownership of an on and off sale liquor license. (State statute prohibits such a combination license for our size city. Combination licenses are allowed for 4th class cities of less than 10,000 population.) SiTMMAR V On -sale liquor licenses Restaurant or club Hotel 19 Approved 1 (Holiday Inn) 2 Probable 2 Inquiry 1 (Green Mill) 23 2 23 -Distribution per ordinance - 3 3L Agenda Information Memo May 6, 1997 Eagan City Council Meeting B. RECOMMENDATION, ARC, COMMENTS ON FAA DECISION. EAGAN- MENDOTA HEIGHTS CORRIDOR CROSSING PROCEDURE ACTION TO BE CONSIDERED: To approve or deny a recommendation by the Airport Relations Commission to submit comments to the Federal Aviation Administration concerning a decision to modify procedures in the Eagan -Mendota Heights Corridor as presented. FACTS: • During meetings of the Corridor Blue Ribbon Task Force in 1991 and 1992, a number of concepts were discussed for modifications of corridor procedures which could benefit the cities of Eagan, Mendota Heights or both. The principal outcome of the Blue Ribbon Task Force was a recommitment by the MAC to the concept of maintaining traffic over the noise compatible corridor, but no substantial improvements were implemented to improve compliance. • As a concession to Mendota Heights in this discussion, the MAC agreed to look into means of shifting traffic from Mendota Heights neighborhoods to the noise compatible area during off-peak periods when safety separation was not necessary. The "crossing procedure" that they investigated would maintain off-peak traffic on the south parallel at a magnetic heading of 105 degrees as it has been since early in the corridor's history. During off-peak, the procedure would shift the dominant departure heading to the runway centerline of Runway 11 L. Previous to this, operations from the runway would also turn to 105 degrees. • The resulting pattern would cause the flight tracks to cross in the area of I -35E and 494 and would shift a small number of aircraft from the edge of the Mendota Heights residential areas to the middle of the corridor. • The City of Eagan insisted upon an environmental review of the effects of the procedure and suggested that the same benefits to Mendota Heights could be achieved by moving 11 L off peak traffic a shorter distance into the corridor. No analysis was done of such an alternative. • The FAA and MAC have conducted an environmental assessment of the proposed change and the City of Eagan has adopted and submitted comments in its regard on several occasions. • On March 13, 1997, all parties were informed that the FAA had made a finding of no significant impact (FONSI) on the procedure and directed air traffic control to train their personnel and implement procedure within 45 days. The basis for the finding was that noise analysis suggested that monitoring locations within the City of Eagan would register increases of .1 and .2 DNL associated with approximately ten operations per day, while Mendota Heights monitoring locations would recognize a decrease of .1 to .2 DNL. The FAA's standard for significant impact requiring a mandatory EIS is a change of 1.5 DNL. Agenda Information Memo May 6, 1997 Eagan City Council Meeting • While the changes involved were not significant, the Airport Relations Commission expressed concern that modifications of this kind would be considered at a time when there has been little progress by the FAA improving compliance with the corridor's southern boundary. In a typical month, approximately 20% of all operations from the south parallel runway track south of the corridor boundary. Staff was asked to investigate what would be necessary for the decision to be challenged and it was placed on the commission's April workshop agenda. • According to the City Attorney's office, administrative decisions of this kind are subject to appeal through Federal District Court and would require the filing of an injunction and subsequent legal proceedings if the City wished to move forward with such a challenge. • Upon further review of the extent of the impacts and the potential costs of a legal challenge, the commission, at its workshop, recommended that the City instead submit comments to the FAA indicating the shortcomings of the analysis but that no action be taken to challenge the decision legally. • Whether or not the procedure is implemented, will have no impact on the efficiency of operations at the airport or the ability of the airlines to operate safely and efficiently. ATTACHMENTS: • Notice to affected agencies on page IR.''/` • Executive summary of FAA determination on pages through L� • Correspondence points on page�y_,-�— t�� ( 39 U.S. Deportment of Tronsportotion Federal Aviation Administration MAR 13 1997_ Great Lakes Region Illinois, Indiana, Michigan, Minnesota, North Dakota, Ohio, South Dakota, Wisconsin Mr. Jon Hohenstein Assistant to the City Administrator City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Mr. Hohenstein: 2304 East Devon Avenue Des Plaines, Illinois 60018 Enclosed please find the results of our environmental evaluation of modification to the noise abatement procedures utilized in the Eagan -Mendota Heights Corridor. On the basis of the evaluation in the enclosed Environmental Assessment (EA), the Great Lakes Region Air Traffic Division, Operations Branch, has approved and issued a Finding of No Significant Impact (FONSI). The FONSI approval is attached to the EA document. The FONSI indicates that the proposed action is consistent with existing environmental policies and objectives as set forth in the National Environmental Policy Act of 1969 and will not significantly affect the quality of the environment. The noise abatement procedures to be implemented are as follows: Whenever possible, under non -simultaneous conditions; Aircraft departing Runway 11 R will be assigned a heading to maintain an approximate ground track of 1050 magnetic (M), and Aircraft departing Runway 11 L will be assigned a heading to maintain a ground track along the extended centerline, approximately 1180 M. A depiction of the proposed flight track for Runway 11 L can be found in Figure 2 of the EA. No change is associated with the present day flight track for Runway 11 R. Specific questions regarding the EA/FONSI may be directed to Ms. Annette Davis, at 847-294-7832. Thank you for your active participation in this project. Sincerely, QOhn A. Claybom Manager, Operations B' Enclosure 137 I' 0 ENVIRONMENTAL ASSESSMENT FOR REVISED AIR TRAFFIC CONTROL PROCEDURES IN THE EAGAN-MENDOTA HEIGHTS CORRIDOR AT MINNEAPOLIS -ST. PAUL INTERNATIONAL AIRPORT MINNEAPOLIS, MINNESOTA Prepared By: Federal Aviation Administration Great Lakes Region Air Traffic Division �40 February 26, 1997 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION FINDING OF NO SIGNIFICANT IMPACT FOR REVISED AIR TRAFFIC CONTROL PROCEDURES IN THE EAGAN-MENDOTA HEIGHTS CORRIDOR AT MINNEAPOLIS -ST. PAUL INTERNATIONAL AIRPORT Introduction In compliance with Federal Aviation Administration (FAA) Orders 1050.1D, Policies and Procedures for Considering Emdronmental Impacts, and 5050.4A, Airport Environmental Handbook, the FAA prepared the attached Environmental Assessment (EA) which evaluated procedures requested by and on behalf of the Metropolitan Airports Commission (MAC), owner and operator of the Minneapolis St. Paul International Airport (MSP). A long standing noise mitigation operational procedure at MSP has been to direct as many aircraft operations as possible over the more noise compatible land use areas of Eagan and Mendota Heights, located southeast of the airport. Significant industrial, office, and commercial zoning and development have been purposely localized in this commercial/industrial corridor. The EA evaluates proposed permanent implementation of revised air traffic control procedures in the Eagan -Mendota Heights Corridor designed to reduce noise impacts on neighboring communities by further concentrating aircraft operations within the corridor. The purpose and need of the project is to provide immediate noise relief to some airport neighbors without causing significant adverse impacts on others and to address the highest level of noise impacts closest to the airport as a priority, in accordance with MAC's commitment to local communities. The proposed Federal action is modification of the noise abatement procedures contained in existing Tower Order, MSP AT 7110.4E. The required EA regarding the modified noise abatement procedures which will be incorporated into the tower order has been accepted as a Federal document by the responsible Federal Official, Annette Davis, Great Lakes Region Air Traffic Division Environmental Specialist, on February 26, 1997. The EA is contained herein with other documentation pertaining to the environmental impacts of the modified noise abatement procedures. These procedures are as follows: Whenever possible, under non -simultaneous departure conditions; Aircraft departing Runway 11 R will be assigned a heading to maintain an approximate ground track of 105° magnetic (M), and Aircraft departing Runway l IL will be assigned a heading to maintain a ground track along the extended centerline, approximately 1180 M. /�I The present day Eagan -Mendota Heights Corridor procedure, during non -simultaneous departure conditions, is to assign heading 1050 M to aircraft departing both Runway 11L and 11R. As such, the non -simultaneous procedure for Runway 11R will not change as a result of the proposed Federal action. Determination The proposed procedures were evaluated in the attached EA. No significant impacts associated with the procedures were identified. As such, no environmental impact statement will be prepared nor are any mitigation measures planned. However, the airport proprietor, the Metropolitan Airports Commission has a noise mitigation program underway to address current noise impacts. Noise impacted residents may be eligible for inclusion in the noise mitigation program. Alternatives The attached EA was prepared to address the potential impacts of implementing the revised air traffic control procedures in the Eagan -Mendota Heights Corridor, as would be set forth in Tower Order MSP AT 7110.4E. Thus far, no other alternative which would meet the project purpose and need had been identified. Although procedures other than heading 118° M for Runway I IL have not been examined within the attached EA, numerous others have been evaluated over the years as part of various other studies. Procedures other than heading 118° M for Runway 1 IL, which have been evaluated over the years as part of other studies, were not found to be acceptable by community members and thus were not considered in this EA. The no -action alternative did not meet the project purpose and need. ARnroval After careful and thorough consideration of the facts contained herein, the undersigned finds that the proposed Federal action is consistent with existing national environmental policies and objectives as set forth in Section 101(a) of the National Environmental Policy Act (NEPA) and that it will not significantly affect the quality of the human environment or otherwise include any condition requiring consultation pursuant to Section 102(2)(c) of NEPA. The revised tower order is effective immediately, but will not be made operational for at least 45 days, at the earliest. This time period is necessary to train air traffic control personnel in the proper application of the procedures contained in the revised tower order. This decision is taken pursuant to 49 USC § 40101 et seq., and constitutes an order of the Administrator which is subject to review by the Circuit Court of Appeals of the United States in accordance with the provisions of 49 USC § 46110. Approved: Patricia Fossey Acting Manager Operations Branch Attachment Date: 3Jio 1 4 7 • The City of Eagan disagrees with the conclusions reached in the Finding of No Significant Impact (FONSI) concerning revised air traffic control procedures for the Eagan Mendota Heights Corridor. While the net effect of the change will be minor, it compounds preexisting problems experienced in the corridor area and, as such, should not have been recommended for implementation. • The environmental assessment concludes that the increased noise levels at Eagan receptor locations are minor and below the threshold for a mandatory EIS. The decreased noise levels at Mendota Heights receptor locations are even less meaning that the benefits of the change do not outweigh its consequences. In addition, analysis on the north side of the corridor includes many more receptor locations outside the DNL 60 contour than on the south side while residential areas within the DNL 60 on the south side are not analyzed as receptor locations. The inadequacy of the data points should invalidate the analysis. • No area analysis is included in the environmental assessment although it appears that a larger area is added to the DNL 60 Contour as a consequence of the change than is removed from it. • The environmental assessment concludes that no significant magnetic variation has occurred in the years since the implementation of the corridor procedures. Since the stated purpose of the initial Mendota Heights request for the revised procedure was to counteract the effects of magnetic variation, this conclusion actually contradicts the conclusion to implement the procedure, because it serves to correct a problem that does not exist. • The analysis makes no attempt to respond to the City of Eagan's repeated comment that a less dramatic change in heading for the north parallel runway could reduce impacts in residential Mendota Heights without increasing impacts in residential Eagan. Despite this, the FONSI asserts that "no other alternative which would meet the project purpose and need has been identified." This statement is clearly false. • While the FAA conclusions correctly state that the environmental review does not address corridor compliance, it should not disregard it either. Prior modifications of corridor procedures without environmental review and increasing excursions from even the liberal definition of the corridor in the current tower order dramatically harm the purpose and need defined in the environmental assessment. It is inconsistent for the FAA to implement a change which demonstrates no net benefit in a context in which dramatically greater consequences for the impacted community are present. /43 Agenda Information Memo May 6,1997, Eagan City Council C. COMPREHENSIVE GUIDE PLAN AMENDMENT - COMMONBOND COMMUNITIES ACTION TO BE CONSIDERED: To approve or deny a Comprehensive Guide Plan Amendment to change the land use designation of approximately six acres platted as Lots 1 and 2, Cedar Ridge Second Addition in the NW 1/4 of Section 30, from GB, General Business, to D -III, Mixed Residential 6-12 units per acre. FACTS: > CommonBond Communities is requesting this change to the Comprehensive Guide Plan to allow the construction of 40 affordable family townhome units. > The project will be partially financed through Metropolitan Housing Opportunities Program funds and partially financed through the sale of Low Income Housing Tax Credits. CommonBond Communities has made application to the Dakota County HRA for allocation of tax credits for this project and the HRA is expected to act on the application at their May 13, 1997 Board meeting. > The APC held a public hearing on April 23, 1997. A motion to deny the amendment failed on a 3-3 vote, and subsequently a motion to approve the amendment also failed on a 3-3 vote. ISSUES: > Proximity to a significant commercial retail and service node, proximity to a community park and churches, and access to transit make this a desirable site for residential include. Its location adjacent to a freeway (noise), location within the future airport flight corridor (Noise Zone IV) detract from the livability of residential units on this site, and the existing and future commercial development on adjacent sites are challenges to compatibility. > Some members of the APC commented that they were concerned that this site would be an island of residential among commercial development and that such isolation would negatively impact the success of the project. Other APC members commented that opportunities for further D -III development in the City are limited and this would be a good site for a higher density residential development. ATTACHMENTS: `' April 23, 1997 APC i tes, pages 14 � through L `- —? Staff Report, pages through Other Correspondence, pages through Page 14 April 22, 1997 ADVISORY PLANNING CONMISSION - COMPREHENSIVE GUIDE PLAN AMENDMENT COMMONBOND COMMUNITIES Commission Chair Heyl opened the next public hearing of the evening regarding a Comprehensive Guide Plan Amendment to change the land use designation of 5.25 acres from GB (General Business) to D -III Mixed Residential (6-12 units/acre) for the ultimate development of 40 townhouse units legally described as Lots 1 and 2, Block 1, Cedar Ridge Second Addition located west of Nicols Road and east of Highway 77 at Cedar Ridge Circle in he NWl/4 of Section 30. Associate Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City staffs planning report dated April 16, 1997. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. Greg Korstad, an attorney for the property owner, reiterated Tiller Corporation's desire to sell this property. He stated that the property has not been marketable as commercial in the past and is hoping that it will be useable as residential. Doug Mayor, Director of Development for CommonBond Communities, stated what CommonBond is and how it was started. He. also described the advantage centers and noted their efforts to help residents reach self stability and to provide a variety of services to residents. No members of the public were present for comment. Member Carlson stated that her main concern for this development was that it was an island. She would like to see it among a growing or an established neighborhood. The applicant responded that there was not much land designated for this use in Eagan and they feel that it would be an attractive location. Member Miller publicly acknowledged that he had spoken with the applicant and he noted that this was not a sought-after site in Eagan. He stated that if as a community they wanted to provide this type of housing, it would be in these sites where competitive prices have not been driven up. He also noted the limited availability of R-3 and R-4 zoning. Commission Chair Heyl stated that she had similar concerns to Member Miller. She wondered what would be a good fit for this area, but also noted that there is not much D -III designated land available. She questioned whether they would fmd any better R-3 sites in the area. Member Miller noted that you do not need the same kind of access for a townhouse as you do for an office. Member Frank noted that any subsidized housing project that would be brought into a residential neighborhood would create resistance by residents. He stated his concerns about the nursery as far as vandalism of the yard and unpleasant viewing for the residents of the new development. Page 11 April 22, 1997 ADVISORY PLANNING COIvMSSION In response to Member Carlson's inquiry as to why the access would not be acceptable to office buildings but is acceptable to townhomes, Member Miller stated that the office flow would happen all at the same time and that it would be vacant during the evenings. He also noted the marketability concerns and that it would be difficult to come in and out of this area. Member Bakken noted that he feels the largest determination of success is the degree to which these types of developments are integrated into the community. He suggested that the golden rule for development of this sort would be to: (1) do not concentrate; and (2) do not isolate. Member Augustin noted that there was a need in the City of Eagan for more affordable housing and that this property was not completely surrounded nor inaccessible. Member Carlson moved, Member Bakken seconded, a motion to recommend denial of a Comprehensive Guide Plan Amendment to change the land use designation of 5.25 acres from GB (General Business) to D -III Mixed Residential (6-12 units/acre) for the ultimate development of 40 townhouse units legally described as Lots 1 and 2, Block 1, Cedar Ridge Second Addition located west of Nicols Road and east of Highway 77 at Cedar Ridge Circle in he NWV4 of Section 30. In further discussion, Member Miller stated that he would vote against this motion for the reason that he believes that they have something to work with and he would defer to Doug and the organization on how to best integrate people into communities as he is not an expert in this area. The applicant stated that CommonBond Communities is active in integrating their residents into the wider community. He noted that Board members included residents of the community and of this particular development. He also noted that the development would have an advantage center was close to a park and also close to a church. He stated that CommonBond intends integration. Member Bakken stated that his comments were based on graduate work he had done and a similar type of development that had been successful in Northfield. He did not see a correlation with the proposal and the successful development in Northfield. Members Carlson, Bakken and Frank voted in favor of recommending the denial of the Comprehensive Guide Plan Amendment and Members Miller, Augistin and Commission Chair Heyl opposed. Member Miller moved, Member Augustin seconded, a motion to recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation of 5.25 acres from GB (General Business) to D -III Mixed Residential (6-12 units/acre) for the ultimate development of 40 townhouse units legally described as Lots 1 and 2, Block 1, Cedar Ridge Second Addition located west of Nicols Road and east of Highway 77 at Cedar Ridge Circle in he NW'/4 of Section 30. Page 12 April 22, 1997 ADVISORY PLANNING CONSESSION Members Miller, Augistin and Commission Chair Heyl voted in favor of recommending the denial of the Comprehensive Guide Plan Amendment and Members Carlson, Bakken and Frank opposed. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 16, 1997 CASE: 30 -CG -1-3-97 APPLICANT: CommonBond Communities HEARING DATE: April 22, 1997 PROPERTY OWNER: Tiller Corporation PREPARED BY: Pamela Dudziak REQUEST: Comprehensive Guide Plan Amendment from GB to D -III LOCATION: 2195 & 2196 Cedar Ridge Circle COMPREHENSIVE PLAN: GB - General Business ZONING: LB - Limited Business SUMMARY OF REQUEST Common Bond Communities is requesting a Comprehensive Guide Plan Amendment to change the land use designation of approximately six acres platted as Lots 1 and 2, Cedar Ridge Second Addition, from GB, General Business, to D -III, Mixed Residential, located in the northwest %4 of Section 30. The amendment is requested to allow the construction of approximately 40 townhome units. The site is located at the west end of Cedar Ridge Circle, between Nicols Road and Cedar Avenue (Hwy. 77). AUTHORITY FOR REVIEW The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. With the State's decision to expand the airport at its current location, the Metropolitan Council has Iq � Planning Report - CommonBond Communities April 22, 1997 Page 2 adopted a revised Aviation Chapter which anticipates the impacts from the airport's planned expansion alternative, a new north -south runway adjacent to Cedar Avenue. This runway will align with the intersection of Cedar Avenue and Highway 13 and will be about three miles north of that location. The proposed noise policy contours for this runway would place the subject property within Noise Zone IV. Within this zone, residential uses would be conditional. To be approved in this area, a Comprehensive Guide Plan amendment would need to include acceptable findings concerning the following: A. Specific nature of the proposed use, including the extent of outdoor activities. B. Relationship of the proposed use to other planning considerations, including adjacent land use activities, consistency with overall comprehensive planning and relation to other metropolitan systems. C. Frequency of exposure of proposed uses to aircraft overflight. D. Location of proposed use relative to aircraft flight tracks and aircraft on -ground operating and maintenance areas. E. Location, site design and construction restrictions to be imposed by the community of the proposed use with respect to reduction of exterior to interior noise transmissions and shielding of outdoor activities. F. Method community will use to inform future occupant of proposed building of potential noise from aircraft operations. G. Extent to which community restricts the building from having facilities for outdoor activities associated with the use. H. Distance of proposed use from existing or proposed runways, parallel taxiways or engine run-up areas. BACKGROUNDIHISTORY The Cedar Ridge subdivision was initially approved in 1977. This six acre site was subsequently replatted as Cedar Ridge Second Addition in 1979 and consists of two lots, one 2.39 acres in size and the other 3.7 acres in size. The property is currently zoned LB, Limited Business, and the current land use designation is GB, General Business. The property owner, Tiller Corporation, is an aggregate and bituminous producer and has used this site as a staging area for bituminous materials and aggregates used in connection with road construction projects in the city. Tiller no longer has need for use of this property in its operations, and now intends to sell the property. Planning Report - CommonBond Communities April 22, 1997 Page 3 DESCRIPTION OF PROJECT The project is proposed to consist of approximately 40 rental townhome units, including twenty 2 -bedroom units, eighteen 3 -bedroom units and two 4 -bedroom units. The 40 units on approximately six acres results in a density of 6.7 units per acre. This is consistent with the D -III land use designation which allows density of 6-12 units per acre. CommonBond Communities is a charitable organization which works to provide affordable housing. The organization has been in existence since 1971 and developed other projects throughout the Twin Cities area, and cites Yorkdale Townhomes in Edina as typical of the type of project they are proposing in Eagan. Ten of the 40 units will be developed using Metropolitan Housing Opportunites Program funds. The remaining units will be partially financed through the sale of Low Income Housing Tax Credits. CommonBond Communities has an application pending with Dakota County HRA for allocation of tax credits for this project. CommonBond Communities plans to manage the rental housing complex once completed. EXISTING CONDITIONS The site is between Hwy. 77 and Nicols Road on Cedar Ridge Circle. The property is undeveloped and open with a lightly wooded area in the northeast comer. Overhead power transmission lines extend across the north end of the adjacent property south of this site. The elevation of this site is above the grade of the freeway. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Church; Zoned P- Public; Guided Public Facilities South - Vacant, Zoned CSC - Community Shopping Center, Guided CSC - Community Shopping Center East - Office buildings and Jerry's Nursery; Zoned LB - Limited Business; Guided LB - Limited Business. West - Cedar Avenue (State Hwy. 77); across Hwy. 77 is single-family residential development, Zoned and Guided for single family residential EVALUATION OF REEQUEST Current Land Use Desienation and Zonine - The current land use designation of this site is GB, General Business. However, the current zoning is LB, Limited Business. Land designated General Business is intended for heavier commercial uses and businesses which tend to serve other businesses as well as residents. General Business areas are concentrated and insulated as I � D Planning Report - CommonBond Communities April 22, 1997 Page 4 much as possible because such uses can be incompatible with residential development. Limited Business zoning is intended for areas that are particularly exposed to residential neighborhoods and are thus suitable for businesses which are compatible with residential uses, such as offices and clinics. Although this site is currently zoned Limited Business, it appears that the more intensive General Business land use designation was applied because of its proximity to the Cedar Avenue freeway. Commercial Land Use Study - The Commercial Land Use Study, accepted by the City Council in May 1994, established conclusions and working policies for commercial development. These include that the city has an oversupply of commercial land. Also, commercial development should be restricted to areas currently guided or zoned for commercial uses and should be developed as complete nodes to avoid spot or strip commercial development. Adequate buffering between different land uses should be provided. Comnatibility with Surrounding Area - It appears that the current GB designation was applied to this property primarily because of its proximity to the highway. To the south at the Nicols and Cliff Roads intersection and along Cliff Road to the east is a significant commercial node containing a variety of commercial retail and service uses. There are both positives and negatives in considering residential use for this property. This site is desirable for residential use because of its proximity to retail and service commercial development, and to Rahn Park east of Nicols Road. Minnesota Valley Transit bus route 48E runs along Nicols Road and provides express bus service to downtown St. Paul. Residential development also would be compatible with the church to the north. However, development of this site should also be compatible with its location in the future airport flight corridor, proximity to the highway, existing offices and nursery to the east, and future commercial development to the south (zoned and guided CSC). The adjacent nursery is not consistent with the Limited Business zoning and land use designation of that property. Since the subject site is vacant and has been used as a staging area for bituminous and aggregate materials, the rear yard activities of the nursery have not been a problem in the past. However, the construction of residential townhomes west of the nursery may generate conflicts with the existing operations at the nursery. The nursery is oriented towards Nicols Road, and its rear yard abuts this site. Although no specifics were identified, the developer has indicated they intend to develop the property in such a way that minimizes conflict with the business uses to the east and protects the residential use from potential conflicts resulting from future commercial development to the south. Noise Evaluation - In the past where residential development has been proposed adjacent to a state highway, MnDOT has commented to the City that residential land uses adjacent to highways will usually result in complaints about traffic noise. Traffic noise from Hwy. 77 could Is / Planning Report - CommonBond Communities April 22, 1997 Page 5 exceed noise standards established by the Minnesota Pollution Control Agency and U.S. Department of Housing and Urban Development. MnDOT policy regarding new developments adjacent to existing highways prohibits the expenditure of highway funds for noise mitigation measures. Therefore, measures to minimize the impact of any traffic noise on a residential development should be implemented in the design and construction of the project. Airport Noise Evaluation - The Authority for Review section of this report outlines the criteria for evaluation with regard to airport noise. The nature of the use, its relationship to other uses, and its relationship with the City's physical plan are addressed in other sections of this report. Regarding exposure to aircraft overflight (item C), the projected use of the planned runway is 37% of departures and 17% of arrivals. Once opened, the runway is expedted to carry 135,000 to 173,000 operations annually based on current projections. Regarding airport flight tracks (item D), because of the relationship of the property to the runway centerline, one of the six principal departure tracks and a large percentage of the arrivals will be in proximity to the site. The property lies approximately four miles south of the proposed runway (items D and H). While the federally mandated Stage III airline fleet will create less noise per operation than the current fleet, the policy contours for the proposed runway have already taken that conversion into account. If the City determines that the other findings support the amendment of the Comprehensive Guide Plan for residential uses in this location, the developer would need to agree to implement the following in order to make an acceptable finding with regard to items E and F. Architectural designs and construction methods for new construction within the development will incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. 2. A notice will be recorded on the deed for each lot and/or condominium unit indicating that it is in the Metropolitan Council Aircraft Noise Zone IV. Site Plan - Each of the 40 units will have parking space for two vehicles (a single -car garage plus space for one vehicle on the driveway) and an additional 40 surface parking stalls would be provided throughout the development. The conceptual site plan shows a circular access drive around the perimeter of the site, with the buildings inside the drive, and common green space and play area on the interior. A community building with adjacent children's play area (tot lot) are also shown. No details for the buildings or play area were provided. Grading/Storm Drainae,e/Water Quality - The site currently slopes from southwest to northeast with elevations ranging from 890 to 930. The site is open with a lightly wooded area in the northeast corner. The site lies within City Drainage District "A" which drains to the Minnesota River. Existing storm sewer within Cedar Ridge Circle is available for connection by development of this site. However, due to limited capacity of this storm sewer, on-site ponding will be required to control the rate of post -development storm runoff to pre -development rates. /S� Planning Report - CommonBond Communities April 22, 1997 Page 6 TreesNe�,,etation - The site is generally open with a lightly wooded area in the northeast corner. Closer scrutiny of the vegetation to determine significant trees or woodlands will need to be done prior to development. Removal of significant vegetation would be subject to mitigation according to the provisions of the City's Tree Preservation Ordinance. Street Access/Circulation/ Traffic - The developer's conceptual site plan shows an internal private street looping through the site to provide street access to each of the 40 townhouse units. Public street access is available onto Cedar Ridge Circle, a 500 -foot long cul-de-sac west of Nicols Road. Nicols Road is classified as a community collector roadway in the City Comprehensive Transportation Plan and is designed to accommodate approximately 10,000 vehicle trips per day. The most recent traffic counts for Nicols Road from 1995 are in the range of 5,000 to 7,000 average daily vehicle trips. Approximately 240 additional daily vehicle trips are anticipated to be generated with this proposed development. The existing excess capacity of Nicols Road can accommodate the additional traffic which would be generated by this development and by other developments approved since the 1995 traffic counts were done. Utilities - Existing sanitary sewer and water main within Cedar Ridge Circle are available for connection by development of this site. Residential Land Supply - The D -III residential land use designation allows densities of 6-12 units per acre. Less than 3% (509 acres) of the city's residential land supply is designated for D - III development, which allows densities of 6-12 units per acre. Only 2% (about 10 acres) of the land guided for D -III development remains vacant and available for development. Looking at actual housing development in the city, as of December 1995, the 54% of the city's housing units were single family detached and 46% non -single family detached. The target range for non -single family detached units is 35-38% and the City of Eagan currently exceeds this range with 46% of the units in this category. Of the non -single family detached units, 5% are duplexes, 39% are townhomes, and 56% are apartments. Housing Goals - The City's Comprehensive Plan states that the City desires to maintain housing balance within neighborhoods. The existing residential neighborhood east of Nichols road is predominantly single family (3.4 units/acre), with some townhomes (8.8 units/acre) and has an overall density of 3.8 units per acre (see exhibit - Neighborhood Residential Density). Given proximity of this site to the freeway and future airport noise zone restrictions, if housing were to be considered for this site, multi -family would be the most appropriate type because it is the most cost effective for implementation of noise mitigation measures. The City, however, currently has an oversupply of non -single family housing. Consequently, the City has not encouraged additional development of non -single family housing unless it facilitates other /,S-3 Planning Report - CommonBond Communities April 22, 1997 Page 7 housing goals such as providing affordable housing or serving a specialized housing population such as seniors. This project is targeted to provide affordable family housing. As part of its Livable Communities Action Plan, the City has stated that it will work with Dakota County to determine appropriate sites for scattered site and small scale affordable rental developments from the existing housing stock. The Dakota County HRA has received a tax credit application for this new construction project and this project is one of three in the County competing for tax credit allocations. The Dakota County HRA will be determining whether to select this project for allocation of tax credits at their May 13' Board Meeting. Parks and Recreation - Rahn Park, a community park, is located east of Nicols Road near the site. School District - This site is located in I.S.D. #191 and students would attend Rahn Elementary School, Metcalf Jr. High School and Burnsville Sr. High School. The school district is projecting a drop in enrollment over the next five years. In addition, the school district estimates that enrollment from townhome units is about .6 students per unit, or about 24 students from this development. Any additional students to the district resulting from a new residential development in this area would not present any capacity issues for the schools. SUMMARY/CONCLUSION The proposed Comprehensive Guide Plan amendment would change the land use designation of this property from General Business to D -III Residential. Proximity to a significant commercial retail and service node, proximity to a community park and access to transit make this a desirable location for multi -family residential development and there are few issues related to infrastructure capacity. However, its location adjacent to the freeway and within the future airport flight corridor detract from the livability of residential units on this site. The existing nursery and future commercial development on adjacent property pose challenges to compatibility with residential development of this site. ACTION TO BE CONSIDERED To recommend approval or denial of a Comprehensive Guide Plan Amendment from GB - General Business to D -III - Mixed Residential 6-12 units/acre for approximately six acres consisting of Lots 1 and 2, Cedar Ridge Second Addition in the northwest V4 of Section 30. rs� as immun mmnrmho OATW4,11Ws■1'1 '10 &nna cnmmumimp a 0 nuc i I e Guide Plan Amendme :4 ��..� ... au �IIp1l1 Iluu �},yipl 11 •■Nre10 — .MEMENE `.` ■moi : 1111■■■■■■■ a . ■■■Cs■■■■■■ � � ■■■■■■■■■■■■■ n■■■� ilk �a■1111■■■■■■■ ■■■!�. �7■ ■ri ■� ...E .m 0. min ■■■��I an■ .... ■E..... '■�i .. .O .. ...i. . ...rn .. .... *+... iww m. ■r. '7 Iii. ZOE 6mm .. (!. � .. .1. m. UM .. .A .. 1111■► �� . .m .. !��■��� MIN mm VAIN ELI Win m an ON ::.■ ►♦ Ian �■ ��► A ..MIS ■� ■■■1��1�1011110 . 01 ■■■1�����j� 0 ■ mimm m IN IM An no MIM win mm mm imim AM O'M Olm mm ms mm MM IM mm mm um MM no mm on INIM mm mm mm MIM r ' OM no on WIN mm MIM mm mm IMMI MMP !■���t■���iil■■■■ it■■■■i Nlnt} C�J�Q� i7 n Wivision name I Units 1 Acres Cedar Ridge Family Housing Eagan, Minnesota Exhibit XI A Summary Description of Project CommonBond Communities proposes to develop a 5.25 acre site located on Cedar Ridge Circle near Nichols Road in Eagan, Minnesota. The proposed development will consist of forty townhouse units, including twenty two- bedroom units, eighteen three-bedroom units and two four-bedroom units. Ten of the forty units will be developed using Metropolitan Housing Opportunities Program WHOP) funds that have been allocated to CommonBond Communities. The MHOP units will include four two-bedroom units, four three-bedroom units and two four-bedroom units. The remaining units will be partially financed through the sale of Low Income Housing .Tax Credits and will be affordable to families whose income is sixty percent or less of the area median income. Each townhouse will have an attached single car garage and surface parking for another automobile. Parking will also be provided for guests and at the community building. The two-bedroom units will have one full bathroom; each three-bedroom and four-bedroom unit will have one full bathroom and one half bath. We intend that all dwelling units will comply with MHFA and Dakota County HRA's design standards. Each unit will be equipped with a range, refrigerator, washer and dryer, and air conditioning. The proposed site plan uses a perimeter road. This approach allows for all units to be cluster along a central greenway, thus enhancing a sense of community and easing pedestrian access throughout the housing community. Children will be able to walk to the designated play areas, tot lot and Advantage Center in the community building and play in the greenway open space without crossing driveways. The play areas and separate tot lot for preschoolers will be equipped appropriately for the children expected to live at Cedar Ridge Family Housing. HdlwordlproposallEagan Super RFP Cedar Ridge Family Housing Eagan, Minnesota Exhibit XI D Previous Experience CommonBond Communities was founded twenty-five years ago as the Community Development Corporation for the Archdiocese of St. Paul and Minneapolis to implement housing and community development programs in the Twin Cities Metropolitan Area. Over the years, CommonBond Communities has become highly skilled at providing affordable housing and support services to thousands of lower income seniors, families, and persons with special needs. Today, 3,400 people live in 2,300 CommonBond managed housing units. These affordable rental units are located in thirty- four housing communities in twenty-four municipalities in and around the Minneapolis -St. Paul metropolitan area. CommonBond's developments cover a wide array of affordable housing, ranging from a seven unit building for mentally ill adults to two 320 -unit towers serving families and single persons. The developments include three properties serving persons with chronic mental illness, one housing people who are mildly retarded, one serving persons with physical disabilities, one for people living with AIDS, seventeen serving seniors, and ten serving families. Throughout its existence CommonBond Communities has sought to create partnerships with local units of government, community organisations, and community leaders. These partnerships have built strong housing communities and continued community support. CommonBond has already begun the process to create partnerships for several new housing communities in various suburban municipalities. These will be the basis for linking residents to each other, -support services, and the broader community. The process of developing partnerships and the important role they serve are described in the enclosed CommonBond Communities annual report. CommonBond's management expertise is confirmed by an evaluation of CommonBond's staff, acquisition and development activities, asset and property management, and ability to provide resident services that was prepared in March 1996, by the Technical Development Corporation (TDC). TDC determined that CommonBond Communities is managed "by a team with a great deal of depth" and "is blessed by a senior staff that is very talented, ambitious, and driven." In the area of property management, TDC concluded that the "quality of CommonBond's Property Management has improved drastically over the past few years .... good management practices have been put in place," and "properties look well maintained." �/ Hd%w0rdlprop0sa1%Eagan Super RFP Cedar Ridge Family Housing Eagan, Minnesota Exhibit XI D (Continued) Similarly, reports on capital needs assessments prepared by Hawthorne Realty Services were also complimentary of CommonBond's property management abilities. In each of the fifteen assessments completed to date, Hawthorne Realty Services determined that the evaluated properties were "well managed." CommonBond intends to build on its strengths and in the future will: • Seek to improve the quality, effectiveness, and efficiency of our products and services (See attached Commitment to Quality); • Demonstrate expertise in moving families out of poverty; • Build the independence of seniors and people with special needs; • Enhance its community governance model; Respond respectfully, quickly, and thoroughly to our customers; • And, promote innovative strategies for meeting residents' needs in a changing environment. NO Hdlwordlproposa1XEagan Super RFP APR -15-97 TUE 04:44 PM V— a %'NK(IfA( ("11,\T)_ April 14, 1997 6124238180 DAKOTA COUNTY HRA Mayor Thomas Egan Eagan City Hail Municipal Building 3830 Pilot Knob Road Eagan 55122 Dear Mayor Eagan: FAX N0, 6124238180 I„u.iil \ Rt iii �'r(„j•�it� nt :1,ttlt,,e The Dakota County Housing and Redevelopment Authority (HRA) is a suballocator of Federal Low Income dousing Tax Credits. As suballocator, the HRA receives applications from developers for an allocation of tax credits. Pursuant to federal Iaw, the HRA as suballocator is required to notify the Chief Executive officer of the locality in which the proposed development would be located for the opportunity to comment. CommonBond Communities applied for an allocation of tax credits for its Cedar Ridge Family Housing development, located at Cedar Ridge Circle at Nichols Road in Eagan. If you have any comments regarding this proposed development, please forward them to me by May 5th. HRA staff will request the Board to allocate tax credits at its May 13 Board Mceting_ If you or your staff have any questions, please contact me at 423-8104. Sincerely, Nathan Marsten Housing Finance Coordinator "AN EQUAL OPPORTUNITY EMPLOYER” 3'? P. 02 CASE: 30 -CG -1-3-97 EAGAN CITY PLANNING BOARD EAGAN CITY HALL MUNICIPAL BUILDING 3830 PILOT KNOB ROAD EAGAN, MN 5 5122 "ECEiVEi3 APR 2 9 1997 IN RESPONSE TO PROPOSED CHANGE OF LAND USE OF 2195 AND 2196 CEDAR RIDGE CIRCLE OF LOW COST TOWNHOMES LOCATED AT THE WEST END OF CEDAR RIDGE CIRCLE BETWEEN NICOLS ROAD AND CEDAR AVE. REASONS: 11RU04 1 2. SINCE ITS CONSIDERED LOW INCOME HOUSING UNDOUBTABLY THERE WILL BE MANY MANY CHILDREN AND THEY WON'T BE ABLE TO TAKE PART IN THE COMMUNITY AND THEREFORE HAVE NO OUTLET AND MY CONCERN IS WITH THE TYPE OF OPERATION I HAVE AND THE CLOSENESS TO THEM IS THAT THEY WILL START TO MAKE MY BACK LOT A PLAYGROUND AND THAT PRESENTS BOTH VANDALISM AND GREAT POSSIBLE INJURY TO CHILDREN WHO WILL CLIMB THE FENCE AND ENTER WITHOUT SUPERVISION OF ANY SORT WE ALSO HAVE A MOUND OF BLACK DIRT AND IF CHILDREN CLIMB THIS THE EDGES WILL GIVE WAY AND THE CHILDREN WILL FALL 60-70 FT AND HAVE THE POSSIBILITY OF BREAKING LPvMS OR BEING SUFFOCTED BY THE DIRT. THERE IS NO WAY TO ELIMINATE THIS DANGER DURING THE OFF HOURS OF OPERATION. YOU KNOW CHILDREN FIND MANY WAYS TO GET INTO TROUBLE. THERE IS ALSO CONSTRUCTION TYPE EQUIPMENT ON THE PREMISE THAT DOES NOT REQUIRE A KEY TO START. THEREFORE ANOTHER HIGH RISK WHEN THERE IS NO ONE AROUND. ALSO WE HAVE STRAW STORED OUT- SIDE AND IN PAST EXPERIENCES, CHILDREN LIKE TO PLAY WITH MATCHES AND HAVE IN THE PAST STARTED THE STRAW PILE ON FIRE. IN THE SPRING I HAVE PLANT MATERIAL AND FLOWERS, ETC. WHICH IN CASE OF VANDALISM SOMEONE COULD DESTROY THOUSANDS OF DOLLARS WORTH OF PLANT MATERIALS IN A VERY SHORT PERIOD OF TIME. B. FURTHER MORE WHEN WE PURCHASED THIS PROPERTY IT WAS CONSIDERED FOR COMMERCIAL USE ONLY.. NOT FOR RESIDENTIAL. IF YOU ARE INDEED CONSIDERING THIS PROPERTY FOR RESIDENTIAL USE WE WOULD LIKE TO BE RELOCATED AT THE COST OF THE CITY TO A PROPER COMMERCIAL SITE OF OUR CHOICE WITH THE SAME TYPE OF OPERATION EVEN IN A PRIME LOCATION SUCH AS TOWN SQUARE IN THE HEART OF DOWNTOWN EAGAN COMMUNITY. PLEASE CONSIDER THESE REQUESTS AND CONCERNS FOR SAFETY OF THE RESIDENTS THAT YOU WILL BE LOCATING TIRE. AND IF YOU ARE REALLY CONCERNED ABOUT HOUSING PROJECTS, PLEASE KEEP THEM IN A CIVIC MINDED AREA FOR THEIR UPBRINGING AND NOT ISOLATING THEM TO AN AREA WITHOUT COMMUNITY ENVOLVEMENT. THE PRECITY PLANNERS HAD ALREADY ZONED THIS AREA FOR COMMERCIAL USE BECAUSE THEY KNEW IT WASN'T A GOOD LOCATION FOR FAMILIES DUE TO THE FREEWAY ON THE BACKSIDE AND THE COMMERCIAL GROWTH ON THE FRONT SIDE. WE HAVE SEMI -TRUCKS MOVING IN AND OUT OF THE GADEN CENTER ON A WEEKLY BASIS. THIS WOULD CONSTITUTE A HAZARD TO ANY FAMILIES LIVING IN CLOSE PROXIMITY TO THE STORE. IT SHOULD BE NOTED THAT ANY FAMILY TRYING TO GET TO THE PARKS WILL BE CROSSING NICOLS ROAD AND IN GREAT DANGER OF BEING HIT BY CARS AND TRUCKS. RICHARD S. SCHWEIM PRESIDENT JERRY'S GARDEN CENTER AND CENTER ICE 4381 NICOLS ROAD EAGAN, MN 55122 Agenda Information Memo May 6,1997 - Eagan City Council Meeting D. CONDITIONAL USE PERMIT - CEDARVALE MALL ACTION TO BE CONSIDERED: • To recommend approval/denial of a Conditional Use Permit (CUP) to allow a seasonal outdoor sale consisting of a "Market Place" to sell products including; produce, arts and crafts to be located in the parking lot of the Cedarvale Mall located at 3900 Sibley Memorial Highway, (PID # 10-01900-051-06) in the NE 1/4 of Section 19. FACTS: • The City Code allows seasonal outdoor sales as a conditional use within the commercial zoning districts of the city. The current proposal includes the seasonal outdoor sale within a "Market Place" which will be conducted in the parking lot at the northeast end of the Cedarvale Mall. Venders will sell products from booths including; produce, arts, crafts and other similar items. The sale will occur on Saturdays and Sundays from 8:00 a.m. to 5:00 p.m. between April V and December 31 ' of each year. The Advisory Planning Commission conducted a public hearing on this proposed Conditional Use Permit at its regular meeting on March 25, 1997, and recommends approval of the Conditional Use Permit subject to the 12 conditions in the APC minutes. ISSUES: The owner of Red Rose Florists, located in the Silverbell Shopping Center, spoke at the public hearing and expressed concern that the proposed seasonal sale may negatively affect her existing business. BACKGROUND/ A TAC�NTS• (2)0 APC Minutes, pages ough i o Staff Report, pages through Page 13 April 22, 1997 ADVISORY PLANNING CON%GSSION CONDITIONAL USE PERMIT - MARVIN DAVIS Commission Chair Heyl opened the next public hearing of the evening regarding a Conditional Use Permit to allow the seasonal outdoor sales of produce and crafts to be conducted on Saturdays and Sundays from April to December each year located at the Cedarvale Mall, east of Highway 13 and south of Silverbell Road in the NW'/4 of Section 19. Associate Planner Dorgan introduced this item. Mr. Dorgan highlighted the information presented in City staffs planning report dated April 10, 1997. Mr. Dorgan noted the background and history, the surrounding uses and the existing conditions of the subject property. Mr. Davis was available for questions. The owner of Red Rose Florist Inc., who rents space in the Silver Bell Shopping Center located one-half mile from Cedarvale, felt that her business would be greatly effected and she was very concerned. Commission Chair Heyl closed the hearing to the public. Member Miller stated that he understood how this may effect the renter's business but also noted the need for commercialism in the area. In response to Member Carlson's inquiry as to whether all of Cedarvale could be expanded or whether this proposal was limited to what was indicated in the site plan, Associate Planner Dorgan stated that the proposal was subject to the site plan in Condition No. 11. Member Miller moved, Member Bakken seconded, a motion to recommend approval of a Conditional Use Permit to allow the seasonal outdoor sales of produce and crafts to be conducted on Saturdays and Sundays from April to December each year located at the Cedarvale Mall, east of Highway 13 and south of Silverbell Road in the NWl/4 of Section 19, subject to the following conditions: 1. The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. The CUP shall be continually subject to the following conditions: 1. The vending booths and display shall only be permitted on Saturdays and Sundays between April 1St and December 31St of each year. Page 14 April 22, 1997 ADVISORY PLANNING CONIlvIISSION 2. Sales shall only be permitted between the hours of 8:00 a.m. to 5:00 p.m. 3. Vendors may set up booths no earlier than 7:00 a.m. Saturday and must removed the booths by 9:00 p.m. each Sunday. 4. The vending booth area shall be bordered with barriers while in place and shall conform with the standards of the Uniform Fire Code. 5. All signage shall meet City Code requirements. 6. No outdoor storage other than which is approved by the City shall occur on the site. 7. The site shall be maintained free of trash and debris. 8. Any trash associated with the proposed use shall be removed by 9:00 p.m. each Sunday. 9. No parking shall occur on any adjacent property without the written permission of the adjacent property owner. 10. Drive isles 24 feet in width shall be painted on the parking lot as shown on the site plan dated March 4, 1997. 11. The proposed seasonal outdoor sale shall be in compliance with the submitted site plan dated March 4, 1997. In finther discussion, Member Carlson inquired as to whether there was a time limit on this CUP. Member Miller stated that this would run with the land; meaning as long as the land is there and meets the conditions the CUP is in effect. In response to Member Carlson's inquiry as to whether there were problems, did the Planning Commission have any control after the approval, City Attorney Dougherty stated that if there was a violation of one of the conditions, a notice would be sent to the applicant for the applicant to change it or the CUP would be revoked. All voted in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 10, 1997 CASE #: 19 -CU -13-03-97 APPLICANT: Marvin Davis HEARING DATE: April 22, 1997 PROPERTY OWNER: Wayzata Bay Center Company PREPARED BY: Steve Dorgan REQUEST: Conditional Use Permit LOCATION: 3900 Sibley Memorial Hwy COMPREHENSIVE PLAN: CSC - Commercial Shopping Center ZONING: CSC Commercial Shopping Center SUMMARY OF REQUEST Marvin Davis is requesting approval of a Conditional Use Permit (CUP) to allow a Seasonal Outdoor Sale consisting of a "Market Place" to sell products including; produce, arts and crafts to be located in the parking lot of the Cedarvale Mall at 3900 Sibley Memorial Highway (P.I.D. # 10-01900-051-06) in the NE 1/4 of Section 19. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.40, Subd. 4, C states: The Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. Planning Report - CUP Cedarvale Mall Seasonal Outdoor Sale April 22, 1997 Page 2 E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. City Code Chapter 11, Section 11.40, Subd. 4, D states: Conditions. In reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they may deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Additional standards apply to the evaluation of a Conditional Use Permit for Seasonal Outdoor Sales. Section 11. 10, Subd. 29, C. 2. States that in addition to the standards for Conditional Use Permits, Seasonal Outdoor Sales shall conform to the following standards: a) Adequate off street parking shall be provided ensuring that no obstruction or interference occurs within existing traffic patterns. b) No portion of the sale or event shall take place within any public right-of-way. A minimum 10 foot setback shall be maintained from all property lines and no portion of the use shall take place within 100 feet of any property line of any residential use or residential zoned property. c) The site shall be kept in a neat and orderly manner and the display items shall not cover more than 5% of the total lot as to not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. d) The sale or event shall have no signs in violation of the Eagan City Code sign regulations. e) Tents and temporary membrane structures having an area in excess of 200 square feet and canopies in excess of 400 square feet shall be subject to a building permit. f) The owner and/or operator of the sale or event shall have the written permission of the fee owner of the property on which the sale or event is located to use the specific site. Planning Report - CUP Cedarvale Mall Seasonal Outdoor Sale April 22, 1997 Page 3 g) Hours of operation shall be subject to this Chapter's regulations governing hours of operation for commercial businesses. h) No parking shall be permitted on any adjacent parcel without the prior written permission of the adjacent parcel owner. City Code Chapter 11, Section 11.40, Subd. 4, E states: Denial for compliance. If the Planning Commission recommends denial of a conditional use permit or the Council orders such denial, it shall include in its recommendation or determination findings as to the manner in which the proposed use does not comply with the standards required by this Section. BACKGROUND/ EXISTING CONDITIONS The Cedarvale Mall was built in 1965. The 131,000 square foot building is located on a 12 acre parcel. Approximately 560 parking spaces are currently provided on site. The City has no record of an application made for the outdoor sale of items at the property. SURROUNDING USES The following existing uses, zoning and comprehensive guide plan designations surround the subject property: North - Cedarvale Office Park/ Premier Jewlers; zoned Commercial Shopping Center (CSC) and guided Commercial Shopping Center South/East - Commercial Uses; zoned Agriculture (A)/Commercial Shopping Center (CSC) and guided Commercial Shopping Center (CSC) West - Barton Mc Gray Addition; zoned General Business (GB) and guided General Business (GB) EVALUATION OF REQUEST The City Zoning Code allows for seasonal outdoor sales as a conditional use within the commercial zoning districts of the city, subject to the adopted standards. The applicant has applied for a Conditional Use Permit for the seasonal outdoor sale of products within a "Market Place" type setting. The proposal includes the outdoor display of products including; produce, arts, crafts and other similar items to be sold from booths within the parking lot along the northeast end of the shopping center. The applicant has indicated that temporary open-air canopies will be used on-site by some vendors. The canopies are approximately 10' x 20' in size. The sale will occur on Saturdays and Sundays from 8:00 a.m. to 5:00 p.m. between April V and December 31" of each year. In additon to the outdoor diplay areas, the applicant has indicated that vendors will also be located within the mall. The applicant intends to sublease booths both inside and outside of the mall. Planning Report - CUP Cedarvale Mall Seasonal Outdoor Sale April 22, 1997 Page 4 Compatibility with Surrounding Area - The proposed site is zoned and guided for commercial uses. All of the properties surrounding the proposed site are also zoned and guided for commercial uses. The seasonal outdoor sale of produce, arts and crafts within the parking lot of the site appears to be compatible with the uses of the surrounding area. Site Plan - The site plan shows the vendor booths to be located in the parking at the north end of the mall. An area of booths is also proposed for the northeast corner of the parking lot adjacent to Beau - De -Rue Drive. The applicant has indicated that the parking lot is scheduled to be repainted and will be accommodating drive isles which will not interfere with the designated booth areas. The northeast end of the building is currently occupied by Snyder Drug and the Human Resource Associates school. The majority of the vending booths are proposed to be located in the general area of the Human Resource Associates school which predominately operates weekdays during the day. Setbacks - City Code requires seasonal outdoor sales to be setback a minimum of 10 feet from any property line. The proposed display areas meet the required setback from adjacent properties. City Code requires all outdoor storage be placed within an enclosure not to exceed the height of the enclosure. Barriers should be provided around the perimeter of the booth areas. Access/Circulation - The proposed booth display areas do not appear to interfere with pedestrian or vehicular traffic on-site. The use will occupy 100 parking spaces, however all drive aisles will be open for vehicular circulation. Drive aisles should be maintained around the building. Signage - No signs are proposed as part of the seasonal outdoor sale. Any signage should conform with City Code standards. Parking - Currently, 560 parking spaces are provided on-site. The proposed use will occupy 100 parking spaces at the northeast portion of the parking lot. The City has no record of parking problems associated with the Cedarvale Mall. The majority of the parking demand on-site is located at the south end of the mall where Grand Slam and US Swim & Fitness are located. Therefore, the temporary loss of 100 parking spaces at the northeast end of the site should not cause any parking problems related to the proposed use. ��11► I�:�i�IaZ��i1�71i���i7►1 The proposed outdoor "Market Place" will be located within the parking lot at the northeast end of the mall. The sale will occur on Saturdays and Sundays from 8:00 a.m. to 5:00 p.m. between April 151 and December 315` of each year. The proposed location of the "Market Place" vending area does not appear to interfere with vehicular or pedestrian traffic on-site. ACTION TO BE CONSIDERED To recommend approval/denial of a Conditional Use Permit (CUP) to allow a Seasonal Outdoor Sale consisting of a "Market Place" to sell products including; produce, arts and crafts to be located in the Planning Report - CUP Cedarvale Mall Seasonal Outdoor Sale April 22, 1997 Page 5 parking lot of the Cedarvale Mall located at 1900 Sibley Memorial Highway, (P.I.D. # 10-01900-051- 06) in the NE 1/4 of Section 19. If approved, the CUP shall be subject to the following conditions prior to issuance of a conditional use permit: The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. The CUP shall be continually subject to the following conditions: 1. The vending booths and display shall only be permitted on Saturdays and Sundays between April 1' and December 3 V of each year. 2. Sales shall only be permitted between the hours of 8:00 a.m. to 5:00 p.m. 3. Vendors may set up booths no earlier than 7:00 a.m. Saturday and must removed the booths by 9:00 p.m. each Sunday. 4. The vending booth area shall be bordered with barriers while in place and shall conform with the standards of the Uniform Fire Code. 5. All signage shall meet City Code requirements. 6. No outdoor storage other than which is approved by the City shall occur on the site. 7. The site shall be maintained free of trash and debris. 8. Any trash associated with the proposed use shall be removed by 9:00 p.m. each Sunday. 9. No parking shall occur on any adjacent property without the written permission of the adjacent property owner. 10. Drive isles 24 feet in width shall be painted on the parking lot as shown on the site plan dated March 4, 1997. 11. The proposed seasonal outdoor sale shall be in compliance with the submitted site plan dated March 4, 1997. FINANCIAL OBLIGATION—19-CU-13-3-97 Marvin Davis There are pay-off balances of special assessments totaling $17, 431 on the parcel for which the conditional use is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the availability of the City's utility system. Improvement Use Rate Quantity Amount None SO SAY 0#40, 11 [012 0 N Ole, 10 91111ale 0LIP10 h1 PD • _ 0kdwA61rIIa16 WEno iiME ON w1@I9IIsI*tIFq=J@biF= 11 USE an 51ND J D 0 J F: it If 1 LTi ��!■��� i 1 ■■ �► ��► ■■■ NINEOEM Eol rfii�■ Nola M IIT �_ II�.�IIr... ■■■■■■.■■■■■■■■ ■■■■■iil■■■■��■■■■ on . ■ LL Lj u cc U.1 Marvin Davis 12500 Marion Lane, # 4106, Minnetonka, MN 55305 Steve Dorgan Associate Planner City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 February 3, 1997 Dear Mr. Dorgan, Re: Cedarvale Shopping Center I am in the process of leasing all the common area space, inside and outside as highlighted on the attached plans. I would like to get approval from the City Council to move ahead with this project. Having been a tenant at the mall for a number of years and owning a chain of women's clothing stores for the past 25 years, I am very familiar with our target customer in Eagan. Female, upscale, and 25 to 65 years of age. The Marketplace A. Cedarvale in E100 would replicate the Minneapolis Farmer's Market. There would be farmers, growers, producers, and freshly cut flowers. In addition, we would have a wide assortment of potters, artists, craftspeople, bakers, and sellers of clothing (both men's and women's) antique furniture, soaps, accessories, specialty and ethnic foods for consumption on and off premises, organic foods, syrup, honey, jams, wild rice, fish, meat, poultry, herbs, plants, shrubs and trees. All this in a wholesome and festive environment. We would like to proceed with this development in two stages. First renting all interior common area space. Then (with a conditional use permit, if appropriate, or by whatever avenue the Council were to decide upon) proceed with the second stage -- using the outside space of the mall (as drawn) with the same or similar quality tenant mix. The vending of weapons, military paraphernalia, or anything unsuitable to our target profile customer would be strictly forbidden. This marketplace will be a credit to the city and its constituents. Sincerely, _ Marvin Davis Enc. T1 Marvin Davis 12500 Marion Lane # 4106 Minnetonka, MN 55305 (612) 544-8441 City Council City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 March 18,1997 Dear Council Members, Plans for a Marketplace at Cedarvale Shopping Center in Eagan were addressed in a letter to Steve Dorgan, Associate Planner for the City, on February 3, 1997. Marketplace @ Cedarvale in Eagan has been developed to accommodate a diversity of vendors in both an open air and enclosed environment. It is a new way to retail: Sam to 5pm Saturday and Sunday, year round inside the mall and nine months (April 1 to December 31 as weather permits), outside. Common area space, both interior and exterior, will be subleased for the purpose of creating a market open to the public free of charge and with adequate free parking. Shopping at the Marketplace will be an innovative weekend experience. Fresh fruits, vegetables, cut flowers, clothing, accessories, antiques, crafts, furniture, gift -ware, specialty and ethnic foods for consumption (on and off premises), herbs, condiments, toys, games, paintings, soaps, jams, honey, syrups, sporting goods, kitchen equipment, socks, photographs, hats, pottery, sunglasses, reading glasses, plants, shrubs, trees, fall ornamentals, Christmas trees, wreaths and more -- all types of items - old, new, rare and exotic - will be presented by pre -approved vendors renting space inside and outside the mall. Merchandise deemed to be offensive or inappropriate, will be excluded from the marketplace. Rules and regulations for selling at the marketplace have been enclosed. Marketplace @ Cedarvale in Eagan will become a Minnesota S Corporation, with its principal office in Minnetonka, Minnesota. The trade name has been registered with the Secretary of State's office. The officers will be Marvin and Barbara Davis, husband and wife. O./... wa „ ., 7.."! i ;f,.:..;? , In I have an extensive background in retailing and was, for several years, a former tenant selling women's clothing at Cedarvale. I am very familiar with the history, demographics, and the people that frequent this center. For many years I have had retail stores in Richfield, Bloomington, Apple Valley, West St. Paul, Hastings, Eden Prairie, and Burnsville. In order to move forward with our plans, we require a conditional use permit from the City. We also need permission to provide shade and shelter, as needed, for our outside vendors. The enclosed canopy picture is representative of our plans. They are available in white or light gray, and are 10'X20'. They are tastefully designed, stretched over rust resistant galvanized pipe and meet all flame- retardant standards. They would not be permanent structures and would be decoratively arranged on the site in a orderly manner. Sincerely Yours, Marvin Davis Requlations for Selling at the Marketplace Cry Cedarvale in Eagan 1 - Vendors may hire an employee to represent them at the market to sell their product, but must be responsible for their behavior at all times. 2 - Booth rentals are done at the sole discretion of the Manager. In the event you are asked to leave (for any reason) your rent will be returned and you will leave at once. 3 - Manager may pre -assign booths to those vendors as he so determines 4 - Selling from the adjacent streets, sidewalks, public parking areas, or driveways, is not allowed by city ordinance. 5 - All booth space is temporary and are defined as such, temporary for a period of time. 6 - A booth may not be sublet by the booth renter and only the Market Manager has that authority. 7 -RATES Daily Saturday $ These rates are subject to change Sunday $ with advance notice. 8 - If a renter fails to pay his rent when due, the renter immediately forfeits all booth rights. All rents are due prior to setting up and in advance should you request a reservation at a future date. 9 - STORAGE - Part of the Market may be used for overnight storage as approved by the Market Manager and at the sole risk of the renter. 10 - DIMENSIONS OF MOST BOOTHS - ARE 10X10 (or as agreed upon) No merchandise may be placed on or beyond boundary lines of your booth. Two or more daily booth renters may share a booth providing daily fee is paid and is subject to approval of the Manager 1 - HOURS OF OPERATION 8AM - 5PM Saturday 8AM - 5PM Sunday Set up time will start at 6 p,m. and must be completed by 9 p.m the night before you show inside. You may set up inside or outside anytime after 6 a.m. the morning of the show. All .vendors must be at their assigned booths from 8 a.m. to 5 p.m. the day of the show. 12 - PARKING - No blocking the area or the booths All rows of the Market must be open plus all walkways on end of each row. Designated areas are to be used by vendors for long term parking as a means of delivering easier access to our customers. 13 - SALE OF IMMEDIATELY CONSUMABLE FOODS AND BEVERAGES The Manager is designated as the Markets concessionaire for sale of immediately consumable foods and beverages. The Manager will be licensed by the City and shall be the only seller of these items. Generally, this includes coffee, soft drinks, all rolls, donuts and confections, candy, ice cream products, snack items and sandwiches. Any other vendors of immediately consumable foods and beverages would be an extension of this authority. GENERAL RULES FOR OPERATION 1 -No live animals can be sold 2 -Everyone must display proper licenses whenever governmental agencies so order. 3 -Vendors must identify themselves with proper, signing. 4 -Vendors MUST guarantee customers satisfaction for all goods sold. 5 -It is mandatory that booth be kept clean by vendors at all times. Daily sweeping is mandatory as part of the renters duty. This means your entire booth to include the parking area (if you are outside), regardless of condition upon arrival to the Market. Booths must be swept before leaving. Any booths not swept will result in a fine. All booths will be reviewed for cleanliness. All vendors are to have their own brooms. DO NOT rely on a Market broom being available. 6 -It is required that quality sorting of produce be done away from the buying public. 7 -No hawking, no over exuberant pressure to draw people to ones booth to buy. 8 -No radio, television, or sound equipment allowed on and playing in stall area without Market Manager approval. 9 - Vendors and their employees must park vehicles where designated. Courtesy and cooperation is needed to insure adequate customer parking. 10-A watering of plants will be done with watering cans. Hoses will not be used for watering purposes. 11 -Rubbish and garbage (this includes any garbage found in your stall at the beginning of any given day), must be removed by each individual vendor on a daily basis.. 12 -Office telephones are to be used for Market business only, and on a limited basis. Personal outgoing calls from the pay phones only. 13 -Sellers using electricity or water will have to pay a fee, and make their needs known upon renting. 14 -No one under the age of 16 years is allowed to sell at the Market without their parents or other adult family member with them. 15 -All sellers must be properly dressed at all times. This includes the wearing of footwear, shirts or tops properly buttoned, and CLEAN CLOTHES. 16 -All containers used for picking vegetables (Ex: 5 gallon buckets) must be of an approved type and be cleaned regularly. Any dirty buckets or any chemical buckets will be taken away. Sellers will not be able to sell produce stored in chemical containers or buckets. 16 -Any spray bottles used to keep produce fresh must be of an approved type. No refilled soap or chemical bottles (for example: Windex sprayers). 17 -All vehicles_ must be kept clean. Produce and chemicals are not to be stored together in the same vehicle. NO foul smelling trucks and/or vans. 18 -Rags will not be allowed for use in cleaning produce. Only paper towels that are disposable can be used. 19 -No washing of vegetables or other produce at the Market will be allowed, except for sampling purposes using the 5 bucket method of sanitation. 20 -Hand washing must always be done before returning to your selling stall when using restroom facilities. Do not leave the restroom without washing your hands with soap and hot water. Rinsing is not enough, USE SOAP. 21 -VIOLATIONS In case of a violation of rule, the violator will be given a $25.00 penalty fine. In the case of a second violation, the renter will be levied a $50.00 penalty. With a third violation, the renter will not be allowed to operate at the Market. Each renter is responsible for their employees or family members. The Market Manager has the right to terminate sale of any produce, fruit, flowers, or any other product be it agricultural or not. The rules for operation at the Market are for EVERYONES benefit. Help us and yourselves for a healthier and pleasant environment. Have fun, do a lot of business and make a lot of money. If you have a special situation that requires special handling please see the Market Manager. THANK YOU FOR YOUR ATTENTION AND CONSIDERATION Agenda Information Memo May 6,1997, Eagan City Council E. PLANNED DEVELOPMENT AMENDMENT - PARK NICOLLET ACTION TO BE CONSIDERED: A. To approve or deny a Planned Development Amendment to allow a pylon sign on Lot 1, Block 1, Galaxie Cliff Plaza 2°d Addition, located at 1885 Plaza Drive in the NW 1/4 of Section 32. B. To approve or deny a Planned Development Amendment to allow a 5,000 square foot building addition on Lot 1, Block 1, Galaxie Cliff Plaza 2°d Addition, located at 1885 Plaza Drive in the NW 1/4 of Section 32. FACTS: > The existing Park Nicollet medical clinic was constructed in 1990 and is consistent with the 1988 Planned Development which designated the property for Limited Business uses. > The proposed pylon sign meets standard code requirements for size, spacing, location, and height. The proposed building expansion satisfies typical Limited Business zoning standards. More detailed plans for grading and drainage, landscaping, and tree preservation would be required at the time of building permit. > Park Nicollet has submitted a joint application with the owner of the adjacent lot to the southwest for a Preliminary Subdivision which would enlarge the Park Nicollet site to accommodate the future building expansion. The subdivision request is scheduled for the May 16, 1997 Council meeting. > The APC held a public hearing on April 23, 1997. A motion to approve the amendment to allow the pylon sign failed on a 2-4 vote, and subsequently a motion to deny the pylon sign failed on a 3-3 vote. > The APC recommended unanimous approval of the amendment to allow the building expansion, subject to the conditions outlined in the APC minutes. ISSUES: > There are two existing wall signs, not three as represented in the staff report. The two signs are on the west building elevation (350 sq. ft.) and on the entrance canopy (17 sq. ft.). The proposed pylon sign is 27 feet in height and 117 square feet in area. 18� > Some members of the APC commented that they felt the pylon sign was unnecessary and they would prefer to see a joint pylon sign for the entire Galaxie Cliff Plaza Planned Development rather than a separate sign for each building. If this pylon sign is approved, only one additional pylon sign could be located southwest of Park Nicollet while still satisfying the 300 spacing requirement between pylon signs. ATTACHMENTS: April 23, 1997 APC inutes, pages Wthrougho Staff Report, pages Wthrougl2i3 Page 20 April 22, 1997 ADVISORY PLANNING COMMISSION PLANNED DEVELOPMENT AMENDMENT PARK NICOLLET AND NORDQUIST SIGN COMPANY Commission Chair Heyl opened the next public hearing of the evening regarding a Planned Development Amendment to allow a pylon sign 27 feet in height and a 5,000 square foot expansion of an existing office building for Lot 1, Block 1, Galaxie Cliff Plaza located south of Cliff Road and east of I -35E in the NWV4 of Section 32. Associate Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City staff s planning report dated April 16, 1997. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. Duane Spiegel of the Park Nicollet Clinic noted that there was a mistake in the staff report in its statement of a 35 square -foot sign on the east side of the building. He noted that this sign no longer exists as it has been removed. He also noted that the impetus for a sign change is due to a merge and the marketing of a new name and logo. He also stated that patients have been coming and saying that they cannot find Park Nicollet and have been going to the Eagan Medical Clinic down the street where there is a pylon sign. He noted that with the addition of a pylon sign, Park Dental, a tenant in the building, would also have the opportunity to include their name on the sign. No members of the public were present for comment. Member Frank moved, Member Augistin seconded, a motion to recommend approval of a Planned Development Amendment to allow a pylon sign 27 feet in height located south of Cliff Road and east of I -35E in the NW'/4 of Section 32, subject to the following conditions: 1. Prior to installation of the pylon sign, a sign permit shall be obtained from the city. 2. The pylon sign shall not exceed 27 feet in height or 125 square feet in area and shall be set back a minimum of ten feet from all property lines. In further discussion, Commission Chair Heyl stated that she thinks a 350 -foot sign is very visible and does not want to see a proliferation of signs on office buildings. She believes that the current signage is adequate. Member Carlson again recommended "piggy -backing" with the other businesses in the area. Member Miller stated that if he were to vote against the pylon sign perhaps it would be an impetus for the various businesses to work together. In response to this, the applicant stated that there would not _be enough room to put all the names on the sign under the conditions for pylon signs. l81 Page 21 April 22, 1997 ADVISORY PLANNING CONnvIISSION Members Frank and Augustin voted in favor, Commission Chair Heyl and Members Miller, Carlson and Bakken opposed. Member Frank moved, Member Miller seconded, a motion to recommend approval of a Planned Development Amendment for a 5,000 square foot expansion of an existing office building for Lot 1, Block 1, Galaxie Cliff Plaza located south of Cliff Road and east of I -35E in the NWV4 of Section 32, subject to the following conditions: Platting 1. The existing Outlot A, Galaxie Cliff Plaza 2"d Addition shall be subdivided and the northeasterly 90 feet added to existing Lot 1, Galaxie Cliff Plaza 2"d Addition. 2. The property shall be replatted. Site Plan 3. All trash and recycling areas shall be contained within the building. 4. All mechanical rooftop equipment shall not be visible from Plaza Drive or I -35E. 5. The development shall satisfy all minimum setbacks required in the LB (Limited Business) district. Parkin 6. At the time of building expansion, minimum additional parking shall be provided in compliance with City code requirements of 1 stall per 150 square feet of net leasable floor area. 7. The parking lot shall be constructed with curb and gutter and bituminous surface. Driveways/Street Access 8. No additional driveway access to Plaza Drive shall be allowed. Landscaping 9. At the time of building permit application for the addition, a landscape plan shall be submitted for staff review and approval. Page 22 April 22, 1997 ADVISORY PLANNING COI*MSSION Building, Materials 10. The building shall be architecturally compatible with and utilize brick materials to match the existing building. Signage 11. All signage shall comply with the City of Eagan sign ordinance requirements. GradinL.!Draina2e 12. A grading and drainage plan will be required with the building permit application and issuance of the permit would be subject to staff review and approval of the plans. Water Quali! 13. A cash dedication amount for water quality to include the increase in runoff resulting from the added impervious surface of this building and parking lot expansion shall be required. Tree Preservation 14. A Tree Preservation Plan shall be submitted at the time of building permit application. All voted in favor. Member Miller moved, Commission Chair Heyl seconded, a motion to recommend denial of a Planned Development Amendment to allow a pylon sign: In further discussion, Member Frank stated that certain signage usage were important and he believes that medical is one of them. Member Augustin also stated that the health field is becoming more competitive and therefore this type of signage is desirable. Commission Chair Heyl and Members Miller and Carlson voted in favor, Members Frank Augustin and Bakken opposed. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 16, 1997 APPLICANT: Nordquist Sign Co./Park Nicollet PROPERTY OWNER: Park Nicollet REQUEST: Planned Development Amendment LOCATION: 1885 Plaza Drive COMPREHENSIVE PLAN: LB - Limited Business ZONING: PD - Planned Development SUMMARY OF REQUEST CASE: 32-RZ-7-3-97 HEARING DATE: April 22, 1997 PREPARED BY: Pamela Dudziak Park Nicollet is requesting a Planned Development Amendment to allow a pylon sign and a 5,000 square foot building addition on property at 1885 Plaza Drive in the northwest 1/4 of Section 32. AUTHORITY FOR REVIEW Chapter 11.40, Subd. 5,. Amendments (Including Zoning.: i states in part that zoning amendments may be initiated by the property owner, Planning Commission or City Council. Such requests require a public hearing, and approval requires an affirmative vote of 2/3rds of all members of the Council. BACKGROUNDMISTORY In 1988, the initial Planned Development was approved for this area and specified Limited Business uses. In 1990, this lot was platted as Lot 1, Block 1, Galaxie Cliff Second Addition and the existing 20,000 square foot Park Nicollet medical clinic was constructed. Park Nicollet has filed a joint application with the property owner to the south for a subdivision (Galaxie Cliff Plaza 3`a Addition) that would allow Park Nicollet to acquire an additional 90 feet of property to accommodate the future building expansion. Park Nicollet is requesting approval of an amendment to allow a pylon sign which was not included in their 1990 approval, and to allow a 5,000 square foot addition to the building. q0 Planning Report - Park Nicollet April 22, 1997 Page 2 EXISTING CONDITIONS The site is located on Plaza Drive south of Cliff Road between Galaxie Avenue and I -35E. The property is developed with a 20,000 square foot medical clinic and associated parking and landscaping. The 1990 approval indicates 103 parking stalls were provided. SURROUNDING USES North - Burnet Realty and KinderCare; Zoned Planned Development; Guided Limited Business South - Vacant; Zoned Planned Development; Guided Limited Business East - Single -Family Residential (Oakpointe of Eagan); Zoned Planned Development; Guided D -II, Mixed Residential West - I -35E EVALUATION OF REQUEST Description of Proposal and Site Plan - The applicant proposes to add a pylon sign on the west side of the property along the I -35E frontage. Park Nicollet is in the process of acquiring an additional 90 feet of property to the south of the existing lot to accommodate a future building expansion. The proposed building addition is 5,000 square feet and includes expansion of the parking lot. Pylon Sign: Existing Sianage - Existing signage includes two building wall signs, one over the entrance on the east side of the building, and the other facing I -35E on the west side of the building. The sign above the entrance is 35 square feet in area, and the sign facing I -35E is 350 square feet. There is also a canopy sign which is 17 square feet in area. The Burnet Realty office building north of Park Nicollet also has a pylon sign which is 27 feet in height and 50 square feet per side in area. Description of Proposal - The proposed pylon sign is 27 feet tall and 117 square feet in area. The proposed sign would be located toward the southern end of the lot to achieve the minimum 300 foot spacing from the Burnet Realty pylon sign. A minimum setback of ten feet from the property line is required. The proposed sign is a vinyl cabinet in violet and black with white lettering. The sign cabinet will be internally illuminated. Cite Code Requirements - Existing wall signage meets code requirements. A pylon sign is also allowed for identification purposes where the business is directly adjacent to a freeway. The pylon sign may be no taller than 27 feet and no larger than 125 square feet in area, and must be located at least 300 feet from another pylon sign. Pylon signs require approval of a conditional use permit or must be specified as part of the signage plan in a Planned Development. Planning Report - Park Nicollet April 22, 1997 Page 3 Evaluation of Request - The standard code requirements are met with the existing building signage. The proposed pylon sign meets the spacing and locational requirements, as well as the size limits for height and area. Although the western building signage is very visible from eastbound traffic on Cliff Road, visibility is limited from westbound traffic on Cliff Road and from both directions on I -35E. Lot 2, Block 1 and Outlot A of the proposed Galaxie Cliff Plaza 3" Addition have a combined frontage on 1-3 5E of 363 feet. Although no pylon sign was included with the application for an office building on Lot 2, Block 1, Galaxie Cliff Plaza 3rd Addition, (also before the APC this month) only one additional pylon sign could be located south of Park Nicollet while still satisfying spacing requirements. Building Expansion: Site Plan - The proposed building expansion would extend to the southwest of the existing clinic, with 34 new parking stalls and 18 replacement stalls for those removed to accommodate the building addition. The initial approval for Park Nicollet specified that all trash and recycling areas be contained in the building and this proposal is consistent with that condition. Setbacks The proposed addition meets or exceeds typical LB commercial building setbacks (minimum of 30' in front, 50' from the freeway, and ten feet from side lot lines). Standard parking lot setbacks are also satisfied (20 feet from public right of way, five feet from side lot lines). Parkin r - An additional 34 parking stalls would be added to support the 5,000 square foot building expansion. This amount is based on a parking standard of 1 stall per 150 square feet of gross building area and exceeds the minimum city code requirement which is calculated based on net leasable area (estimated at 80% of gross building area) and translates to an addition 27 stalls for this proposal. City standards require the parking lot to be constructed with curb and gutter and bituminous or concrete surface. Access/Street Design - Driveway access is provided from Plaza Drive in two locations. No changes to access are proposed. The northerly access is shared with Burnet Realty. Landscaping- - No additional landscaping is proposed with the pylon sign. A landscape plan, subject to staff approval, will be required at the time of building permit application for the addition to the building. Building. Materials - Park Nicollet has indicated the proposed building addition would be architecturally compatible with the existing building, utilizing the same brick exterior materials. IID Planning Report - Park Nicollet April 22, 1997 Page 4 Gradin{=/Storm Drainage_- A detailed grading plan has not been provided at this time. A grading and drainage plan will be required with the building permit application and issuance of the permit would be subject to staff review and approval of the plans. Water Quality - Water quality mitigation for the pending Galaxie Cliff Plaza Yd Addition which includes this property is being satisfied through a cash dedication. The cash dedication amount should be adjusted for the increase in runoff resulting from the added impervious surface of this building and parking lot expansion. Tree Preservation - Since this site is already developed, existing vegetation is primarily landscape material previously installed. However, because the proposed building and parking lot addition exceeds a 10% expansion of the existing development, the city's tree preservation ordinance applies. An Tree Preservation Plan will be required at the time of building permit application. SUMMARY/CONCLUSION The initial Planned Development specified Limited Business use for this property. The proposed amendments to the planned development include a pylon sign along the freeway frontage, and a 5,000 square foot building expansion with an additional 34 parking stalls. The proposed pylon sign meets standard city code requirements, and the proposed building addition is consistent with the original Planned Development approval. ACTION TO BE CONSIDERED A. To recommend approval or denial of a Planned Development Amendment to allow a pylon sign. 1. Prior to installation of the pylon sign, a sign permit shall be obtained from the city. 2. The pylon sign shall not exceed 27 feet in height or 125 square feet in area and shall be set back a minimum of ten feet from all property lines. B. To recommend approval or denial of a Planned Development Amendment to allow a 5,000 square foot building addition. Plattine 1. The existing Outlot A, Galaxie Cliff Plaza 2nd Addition shall be subdivided and the northeasterly 90 feet added to existing Lot 1, Galaxie Cliff Plaza 2nd Addition. 2. The property shall be replatted. ��3 Planning Report - Park Nicollet April 22, 1997 Page 5 Bite Plan 3. All trash and recycling areas shall be contained within the building. 4. All mechanical rooftop equipment shall not be visible from Plaza Drive or I -35E. 5. The development shall satisfy all minimum setbacks required in the LB (Limited Business) district. Parking 6. At the time of building expansion, minimum additional parking shall be provided in compliance with City code requirements of 1 stall per 150 square feet of net leasable floor area. 7. The parking lot shall be constructed with curb and gutter and bituminous surface. Driveways/Street Access 8. No additional driveway access to Plaza Drive shall be allowed. Landscaping 9. At the time of building permit application for the addition, a landscape plan shall be submitted for staff review and approval. Buildinc Materials 10. The building shall be architecturally compatible with and utilize brick materials to match the existing building. Signage 11. All signage shall comply with the City of Eagan sign ordinance requirements. Grading/DrainaL_=e 12. A grading and drainage plan will be required with the building permit application and issuance of the permit would be subject to staff review and approval of the plans. Planning Report - Park Nicollet April 22, 1997 Page 6 Water Ouality 13. A cash dedication amount for water quality to include the increase in runoff resulting from the added impervious surface of this building and parking lot expansion shall be required. 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ADDITION 11� HealthSystem Minnesota Methodist Hospital Park Nicollet Clinic Primary Physician Network The Foundation Institute for Research and Education April 11, 1997 Pam Dudziak, Planning Department City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Pylon Sign for Park Nicollet Clinic, 1885 Plaza Drive Dear Pam: 3800 Park Nicoller Boulevard Minneapolis, MN 55416-2699 Tel (612) 993-3123 We are writing to request an amendment to our plan development zoning regarding a tall pylon sign that we would like to install on the Interstate 35E frontage road. We have outlined below the reason for the additional sign to compete in today's business climate. The large wall sign seemed adequate at the time the clinic was built, but we now realize its shortcomings. When surveyed, our patients indicated how difficult it was to find the clinic or commented that they never realized a clinic was located at Cliff Road and 35E. In the past few years, hospitals and clinics have stepped up their marketing efforts because of increased competition. More and more, we are turning into a store -front retail marketing business and rely heavily on signs, advertising, marketing literature, and billboards to grow our client base. An easy way to help illustrate our point is to compare the signage of our clinic to the Burnet Realty signage next door, so we will use that as a reference throughout this discussion. Northbound 35E - As you travel northbound on the Interstate, a grove of trees blocks the view of our clinic. As you pass the trees, you are beyond the Cliff Road exit. Additionally, the only way you can see the existing wall sign is to look up and to the right. Most drivers never notice the sign from this direction. The Burnet Realty pylon, positioned perpendicular to the Interstate, is very visible to northbound traffic. We believe a tall pylon sign will help direct patients off the exit. Southbound 35E - From this direction, the Burnet Realty wall sign (about 30 feet above the ground) and the Burnet Realty pylon sign are visible peeking above the Cliff Road overpass. As you pass under the bridge, you again are due west of the clinic and never notice the wall sign. Again, a tall pylon sign will do a better job of catching the traveler's attention. Eastbound Clio Road - This is the only direction the wall sign is truly visible to traffic. W_ 7 Pam Dudziak, City of Eagan Page 2 April 9, 1997 Westbound Cliff Road - No visibility to westbound traffic. The Burnet Realty pylon sign is visible as you near the overpass. A pylon sign for our clinic would also be visible to people traveling west on Cliff Road. Difficult Location on Plaza Drive - Because of the difficulty directing patients onto Plaza Drive, we believe the pylon will "mark" the location in the patient's mind and help them find the clinic. Park Dental Park Dental Health Care is a tenant in the Park Nicollet Clinic and has no exterior signage. Had we known the pylon sign might not be approved, we would have given up the building wall sign for the pylon sign so we could include their name. However, we spent a large sum of money on the building wall sign and still need the pylon sign for all the reasons stated, and we are willing to spend additional dollars to correct this deficiency in signage. No Other Marketable Facade - Since there is virtually no traffic through Plaza Drive, except for the patients who already know where the clinic is located, the I -35E facade is the only publicly visible side of the site informing thousands of travelers everyday of our presence. In addition, we do not have a major sign presence on Plaza Drive which I am sure your ordinance allows. Therefore, we must put that signage exposure on the pylon sign on the highway side. I hope you understand our situation and will work with us to correct this major problem for us and our pat a ts. you have any questions, please feel free to call me at 993-3897. SJ,\ely, DF. ie , Director Real Estate and Development aD3 Agenda Information Item May 6,1997 Eagan City Council Meeting F. PRELIMINARY SUBDIVISION TESSERACT 2ND ADDITION & PLANNED DEVELOPMENT AMENDMENT ACTIONS TO BE CONSIDERED: ➢ To approve or deny a Planned Development Amendment for Tesseract Td Addition, consisting of a 15,000 s.f. building addition and a 66 stall parking lot expansion located south of Silver Bell Road, east of Tesseract Place and north of Highway 13 subject to the conditions listed in the April 22, 1997 Advisory Planning Commission minutes. ➢ To approve or deny the Tesseract Addition Preliminary Subdivision (replat of Michael R. Sill Addition) consisting of one lot and one outlot on approximately 12 acres located south of Silver Bell Road, east of Tesseract Place and north of Highway 13 subject to the conditions listed in the April 22,1997 Advisory Planning Commission minutes. FACTS: ➢ Tesseract School, located on Lot 1, was built in 1988 and is presently 20,000 s.f. The proposed 15,000 s.f. building addition is proposed for construction this year. There are no development plans for Outlot A. ➢ A public hearing was held by the Advisory Planning Commission at its regular meeting on April 22, 1997 and they are recommending that approval subject to the 11 conditions listed in the staff report. ISSUES: ➢ Education Alternatives Inc. has submitted a letter requesting the issuance of a permit for grading, excavation, and footing/foundation work prior to fmal approvals of the subdivision and the planned development. ATTACIIMENTS: (3) APC minutes of Aag 7, page througo Staff Report, pagesough J Letter from Tom Fabick, page. Page 23 April 22, 1997 ADVISORY PLANNING CONMISSION PLANNED DEVELOPMENT AMENDMENT & PRELIMINARY SUBDIVISION EDUCATION ALTERNATIVES Commission Chair Heyl opened the next public hearing of the evening regarding a Planned Development Amendment and Preliminary Subdivision (Tesseract Addition) to combine 3 acres to an existing lot to expand the school building by 15,000 square feet legally described as Lot 1, Block 1, and Outlot A, Michael R. Sill Addition located west of Highway 13 and south of Silverbell Road in the NE'/4 of Section 19. Planner Tyree introduced this item. Ms. Tyree highlighted the information presented in City staffs planning report dated April 17, 1997. Ms. Tyree noted the background and history, the surrounding uses and the existing conditions of the subject property. Jean Anderson, the Director of Tesseract School and the Architect, Tom Fabik, were present for comment. The director stated that the school had grown to 300 students from 40 when it started. She also noted the steady request from parents to accommodate children of an older age and stated that she would be allowed to comply with these requests with the proposed expansion. She also noted that they had created a new drop off for easy access into the classes and an addition of 56 parking stalls to alleviate the off- street parking. Commission Chair Heyl opened the heading to the public. A parent of a Tesseract School student residing at 11033 Durrey Curve in Bloomington stated that she supports the school and would like it to allow older students. Larry Christenson of Hastings stated that he also supported the quality of the school, but noticed two limitations which were parking and capacity. He expressed his desire for his daughter to attend this school as long as possible. Commission Chair Heyl closed the hearing to the public. Member Bakken stated that he was in favor of the proposal as it meets a need in the community and the region. Member Carlson required as to whether the expansion would cause a loss of a lot of green area. The applicant stated that the area to the south is all available for recreation, the east has an existing play area and will also be developing an additional structure, and that there was still room for a small soccer field. Member Miller moved, Member Carlson seconded, a motion to recommend approval of a Preliminary Subdivision (Tesseract Addition) create one lot and one outlot on property legally described as Lot 1, Block 1, and Outlot A, Michael R. Sill Addition o� Page 24 April 22, 1997 ADVISORY PLANNING CONSUSSION located west of Highway 13 and south of Silverbell Road in the NEI/4 of Section 19, subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1,B2,B4,C1,C2,C4,Dl, El, Fl, G1,&Hl. Storm Sewer/Water Quality 2. The developer shall construct a storm water retention basin to limit post -development runoff to an amount that is less than or equal to pre -development runoff. 3. Water quality mitigation for this development shall be met through on-site ponding Easements 4. The developer will be responsible for the vacation of the existing drainage and utility easement between Lot 1 and Outlot A of Michael R. Sill 1 st Addition at the time of Final Subdivision approval. Setbacks 5. The developer shall submit a revised site plan indicating a 20' parking setback along Tesseract Place and an 18' parking stall length to meet the required setbacks. Park Dedication 6. The developer shall be responsible for a cash parks dedication for the additional acreage acquired for the expansion of Tesseract School. 7. The developer shall be responsible for a cash trails dedication. Tree Preservation 8. At least two Category A trees (4 inch dbh) trees shall be transplanted on site as mitigation for tree removal. All voted in favor. a�� Page 25 April 22, 1997 ADVISORY PLANNING CONMSSION Member Miller moved, Member Bakken seconded, a motion to recommend approval of a Planned Development Amendment (Tesseract Addition) to expand the school building -by 15,000 square feet legally described as Lot 1, Block 1, and Outlot A, Michael R Sill Addition located west of Highway 13 and south of Silverbell Road in the NE1/4 of Section 19, subject to the following conditions: Planned Development 1. Prior to Final Subdivision the developer shall enter into a Planned Development Agreement. Landscaping 2. The landscape plan should be revised to reflect the accurate number of plant species and the minimum size requirements. 3. The revised landscape plan should note that all landscaped areas shall be irrigated. All voted in favor. ap t PLANNING REPORT CITY OF EAGAN REPORT DATE: April 17, 1997 CASE: 19 -PP -10-3-97 & 19-RZ-9-3-97 APPLICANT: Education Alternatives HEARING DATE: April 22, 1997 PROPERTY OWNER: Education Alternatives PREPARED BY: Shannon Tyree REQUEST: Preliminary Subdivision & Planned Development Amendment (Tesseract Addition) LOCATION: Lot 1, Block 1 & Part of Outlot A, Michael R. Sill V Addition. COMPREHENSIVE PLAN: IND - Industrial ZONING: PD - Planned Development SUMMARY OF REQUEST Education Alternatives is requesting a Preliminary Subdivision (Tesseract Addition) consisting of one lot and one outlot on approximately 12 acres on property previously platted as the Michael R. Sill First Addition and a Planned Development Amendment to allow the expansion of Tesseract School, located south of Silver Bell Road, west of Tesseract Place in the NE'/4 of Section 19. AUTHORITY FOR REVIEW City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto:" A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of the development. Planning Report - Tesseract Addition April 22, 1997 Page 2 E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. BACKGROUNDAMSTORY Prior to its current location, Tesseract School, leased space in Silver Bell Plaza. The school had received approval to construct its own building within the Dallas Development 2nd Addition located north of Silver Bell Plaza. Its final development plans were never completed and the school was forced to find another location quickly in order to construct a new building and be ready for classes to begin September 1988. In April 1988 a request to permit construction prior to the final subdivision was granted. The Final Subdivision was approved on June 16, 1988 On May 16, 1988 the City Council approved, a Rezoning from I-1 - Limited Industrial to PD - Planned Development, and a Preliminary Subdivision of four lots on 12 acres for the Michael R. Sill Addition. Planning Report - Tesseract Addition April 22, 1997 Page 3 The "Michael R. Sill" Planned Development was entered into June 17, 1988 and included only the 12 acres of the Michael R. Sill Addition. It allowed for the development of a private school on Lot 1 (3 acres) and an office/showroom use for the remaining 9 acres of Outlot A. EXISTING CONDITIONS The site slopes south and west towards Highway 13. The school building is presently 20,000 s.f. and offers classes for preschool through eighth grade. The existing parking/drop off area is located on the north side of the building. There are approximately 47 parking stalls located along a one way drive aisle. On street parking has been occurring along Silver Bell Road and Tesseract Place. Play areas are located on the west side of the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Silver Bell Road, Wuthering Heights neighborhood; zoned R-1; guided IND. South - Highway 13. East - Vacant, unplatted; zoned I-1; guided IND. West - Outlot A, Michael R. Sill Addition; zoned I-1; guided IND. EVALUATION OF REQUEST Preliminary Subdivision Although there are no set performance standards in a Planned Development, the I-1 standards will be used for purposes of this review. Lots - The proposed Lot I will be 6 acres and Outlot A will be 6.084 acres. Setbacks - The typical 20' required parking setback along Tesseract Place is shown as approximately 18', the perimeter parking spaces are shown at a depth of 20'. The parking length should be shown at 18' and the setback (landscaped area) should be shown as 20'. Staff has discussed this minor change with the applicant and when final plans are submitted this change will be reflected. Grading/Wetlands - The preliminary grading plan is acceptable. The existing school grounds generally slope to the south and west toward TH-13. The area of the proposed'new addition and parking lot expansion generally slopes to the northwest toward Tesseract Place. The site in the area of the new development is lightly wooded to open. There are no jurisdictional wetlands within the site. a� Planning Report - Tesseract Addition April 22, 1997 Page 4 Storm Drainage/Water Quality - The preliminary storm drainage plan is acceptable. The proposed new addition and parking lot expansion will drain to the existing storm sewer system within Outlot A. This storm sewer system eventually drains to the Minnesota River near Nicols Road northwest of this development. Due to the limited capacity of this storm sewer, the developer should construct a storm water retention basin to limit post -development runoff to an amount that is less than or equal to pre -development runoff. This site generates runoff that discharges to a storm trunk line along Nicols Road that in turn discharges to an open channel adjacent to the Nicols Fen. This channel is eroding badly because of wide fluctuations in storm water flows. The proposed expansion of the building and parking lot will increase impervious coverage of the 4.2 acres of the site within the grading limits from 40% to approximately 70%. To deal with storm sewer capacity problems downstream and to prevent exacerbation of channel erosion problems adjacent to the fen, staff recommends that a pond be constructed on the site. With some slight design modifications to enhance safety, the proposed pond will meet the water quality mitigation requirements for this development. Utilities - The existing sanitary sewer and water main which service the existing Tesseract School building are sufficient to serve the proposed new addition. No additional sewer and water services are needed with this development. Streets/Access/Circulation - Public street access is currently provided for the existing school building from Tesseract Place on the west and Silver Bell Road on the north. A new driveway onto Tesseract Place will provide street access for the new parking/drop off lot expansion. Easements/Permits/Right-of-Way - A 20 -foot drainage and utility easement centered on the common lot line between Lot 1 and Outlot A was dedicated with the original platting of the site with the Michael R. Sill 1 st Addition. Since the developer is proposing to combine a portion of Outlot A with Lot 1 and the easement does not serve an existing utility, this easement should be vacated. The developer will be responsible for vacating this easement at the time of Final Subdivision approval. Tree Preservation - There are three significant trees on site; two 12" Cottonwoods, and a 15" Cottonwood. All three of these trees will be removed during site development. The remainder of the vegetation on site is small diameter softwood deciduous trees (Cottonwood, Elm, Russian Olive), which are scattered over the southerly portion of the site. Most of this smaller diameter vegetation will be preserved as a buffer from Highway 13. Mitigation for tree removal in excess of allowable limits calculates to two Category A trees or four Category B trees or 8 Category C trees. As mitigation, the applicant will be transplanting seven 3" and 4" hardwood deciduous trees from construction areas on site to areas where the trees will be preserved. a�� Planning Report - Tesseract Addition April 22, 1997 Page 5 Parks and Recreation - A parks dedication fee was paid at the time of the first addition on the original 3 acres for Lot 1. The additional three acres will be subject to the cash park and cash trail dedication. Ai -Tort Noise Considerations - The City of Eagan considered airport noise as a factor in its land use planning and zoning. With the State's decision to expand the airport at its current location, the Metropolitan Council has adopted a revised Aviation Chapter which anticipates the impacts from the airport's planned expansion alternative, a new north -south runway adjacent to Cedar Avenue. This runway will align with the intersection of Cedar Avenue and Highway 13 and will be about three miles north of that location. The proposed noise policy contours for this runway would place the subject property within Noise Zone IV. Within this area, expansions of existing educational uses are considered to be consistent with the aircraft noise environment. While the use is consistent, the applicant should be aware that regular overflights will place the property within close proximity to the 60 DNL noise contour. The applicant may wish to consider this fact in its design and incorporate noise attenuation features in its construction. Planned Development: Buildint - The proposed building addition will match the existing rock and smooth face block building material and design the existing building. The additional space in the school will be comprised mainly of pre-school, and kindergarten rooms, a music room and several multi-purpose rooms. A canopy, and vestibule area is also proposed, which compliments the new drop off/pick up turn around on the south west side of the building. Landscaping - The proposed landscape plan is acceptable with minor modifications. The planting schedule should be consistent with the actual plan and all plant material should meet minimum size requirements. City Code requires all landscaped areas to irrigated. This should be noted on the revised landscape plan. Signage - A Conditional Use Permit was granted July 18, 1989 for a pylon sign to be located on the south side of the building for viewing along Highway 13. Due to the south easterly location of the building expansion, the existing pylon sign must be relocated. The proposed location is approximately 100 feet south its existing location. All setbacks have been met. There have been no changes to the height, size or copy. No building signage is proposed. Play Areas - The existing play areas and equipment are located on the western portion of the site. The play areas and equipment must be relocated, but still remain on the west side of the building and site. The only exception is the 55' x 90' hard surface play area, which is located directly south of the new addition. ala Planning Report - Tesseract Addition April 22, 1997 Page 6 SUMMARY/CONCLUSION The proposed preliminary subdivision (Tesseract Addition) will create one new lot and one outlot, by replatting the existing Michael R. Sill Addition. Only lot One is being considered for development at this time. Outlot A is proposed for future development with uses defined in the Planned Development of office/showroom. The reason for the planned development amendment is due to the expansion of the existing use and not for the use itself. The additional parking and drop-off/pick-up space will ease the apparent need for additional parking spaces and drop-off/ pick-up space during peak times. ACTION TO BE CONSIDERED A. To recommend approval or denial of the proposed Preliminary Subdivision (Tesseract Addition) of one lot and one outlot located south of Silver Bell Road, east of Tesseract Place, in the NE'/ of Section 19, subject to the following conditions: Preliminary Subdivision: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, BI, B2,B4,Cl, C2,C4,DI, El, Fl, GI, &HI. Storm Sewer/Water Oualitv 2. The developer shall construct a storm water retention basin to limit post -development runoff to an amount that is less than or equal to pre -development runoff. 3. Water quality mitigation for this development shall be met through on-site ponding Easements 4. The developer will be responsible for the vacation of the existing drainage and utility easement between Lot 1 and Outlot A of Michael R. Sill 1 st Addition at the time of Final Subdivision approval. Setbacks 5. The developer. shall submit a revised site plan indicating a 20' parking setback along Tesseract Place and an 18' parking stall length to meet the required setbacks. Park Dedication 6. The developer shall be responsible for a cash parks dedication for the additional acreage acquired for the expansion of Tesseract School. 3i3 Planning Report - Tesseract Addition April 22, 1997 Paize 7 7. The developer shall be responsible for a cash trails dedication. Tree Preservation 8. At least two Category A trees (4 inch dbh) trees shall be transplanted on site as mitigation for tree removal. Planned Development: B. To recommend approval or denial of the proposed Planned Development Amendment to allow expansion of Tesseract School located south of Silver Bell Road, east of Tesseract Place, in the NE'/4 of Section 19, subject to the following conditions: Planned Development 1. Prior to Final Subdivision the developer shall enter into a Planned Development Agreement. Landscaping 2. The landscape plan should be revised to reflect the accurate number of plant species and the minimum size requirements. 3. The revised landscape plan should note that all landscaped areas shall be irrigated. Ql� GII B. STANDARD CONDITIONS OF PLAT APPROVAL Financial Obli ations I. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. 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. 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, prepared in accordance with approval. erosion, and sediment control plan must be current City standards prior to final plat 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. a�� 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 Imarovements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission Approved: August 25 1987 City Council Se tember 15. 1987 Revised: July 10 1990 Revised: February 2, 1993 LTsr5 STANDARD.CON , )- 1 /\V FINANCIAL OBLIGATION — Tesseract School Addition There are pay-off balances of special assessments totaling $7,181 on the parcels for which the conditional use is requested. At this time, there are no pending assessments on the parcel proposed for platting. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount None an 5-0 C,WtvI1[0100 kTj00010 I caOWNaVi %VU"Wul PD Amendment Preliminary Subdivis wase No. 19-RZ-9-3-S :ase N e_ 4 9.PP.4 A.s City of Eagon Zoning Map Current Zoning Tesseract School Case No. 19-RZ-9-3-97 Case No. 19 -PP -10-3-97 PC Planned Development N 500 0 500 1000 Feet City of Eegen Community Development Department Tesseract School Oc OfEn- Case No.19-FEZ-9-3-97 Case No. 19 -PP -10-3-97 Comprehensive Plan Map N wo o am I000 Feer IND Limited Industrial City of Eagan Community Development Department 0 �x d d at a till fli _ ocuc M.ra9t.dr •. "id � •iid� I_ F i ________________________t_i z = ' ��! # I 1 � Aft A CL OUR 1 1 � I 1 , II, , I I W LQ 1 aLo LoI & I _ ' I I I C, ' i SSi I [ ' .ggy7� yp SU234 I i i i j `,F�4 a•i 'IpI$FSE6 F;��; 9MIy311UM m r---------------- _ 1 ti MV7d 1-')M3SS31 19Ai eL ------------ tt I = I - i I I a•� X , a' ' �� 1 i.. 1 •4 i 1 cd I 4 ii i 1 ►ir lk1 O r 1 rr }� •� r r J � ' I � I r r r I I ri I 1 ' — o► Ic a 3.rast�s Sl0143iN 0'/7 r— CD-) N a. Q M W W u W cc 1 O I - 10 1 d001 10 IARW A:� i5 0 6 1 % , t 1. It. 11�1 ' 11 -1 I. 3VId ADV83SS21 I I JiFI. 11 �s I�- C77 CM CN! 4 0 LU w U w rr � aaaa WAal u w wwm ► alw •yams arras I 1111gil #I t II # b I o o I it 11 �s I�- C77 CM CN! 4 0 LU w U w A"rQ&q RMSTRONG TORSETH SKOLD & RYDEEN INC April 9, 1997 Mr. Tom Hedges, City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Project: Tesseract School Addition ATSR Comm. No.: 97016 RE: Planned Development Amendment/Preliminary Subdivision Dear Mr. Hedges: As we discussed on the phone earlier in the week, we have submitted documents for a Planned Development Amendment and Preliminary Subdivision approval to the Planning Department for staff review. We are scheduled for the April 14, 1997, Parks Commission meeting and the April 22, 1997, Planning Commission meeting. I think we have had positive feedback from the planning staff, and do not anticipate any unresolved issues at the Planning commission meeting. On behalf of the Tesseract School and Education Alternatives, Inc., I would like to request that the project be reviewed by the City Council at the May 6, 1997, meeting. The earlier date would allow the construction to start as soon as possible. Construction needs to be complete for the arrival of students on September 2, 1997. In addition to the action on the Planned Development Amendment and Preliminary Subdivision, we would like to request the Council to allow the issuance of a permit for grading, excavation, and footing/foundation work. We anticipate having documents for the construction of the building "shell" (the exterior walls, roofing, windows, and doors), complete and submitted to Building Inspections before the May 6, 1997, Council meeting. We appreciate your assistance. If there are any forms or additional information is needed, please contact me at 525-3211. Sincerel Tom Fabick Project Manager cc: Norman Hilton, EAI Jean Anderson, Tesseract Dan Ross, Ross Company Tammy Magney, ATSR ARCHITECTURE • ENGINEERING • PLANNING • TECHNOLOGY • LANDSCAPE ARCHITECTURE • INTERIOR DESIGN 4901 OLSON MEMORIAL HIGHWAY MINNEAPOLIS MN 542 612 545 1111 612. 525.3289 FAX Agenda Information Memo May 6, 1997 - Eagan Advisory Planning Commission G. POLICY DIRECTION REGARDING CELL TOWERS ON CITY PROPERTY ACTION: • To provide a policy for considering the leasing of City property to commercial communication providers for the placement of freestanding towers on City owned property. ISSUES: • The City has been approached by a communication service provider to locate a freestanding communication tower on a portion of City owned property. Because a Conditional Use Permit is required for the construction of the tower and the property is owned by the City, the City would be required to sign the development application as the property owner. • The proposed Tower/Antennae Ordinance allows freestanding towers within Public zoned districts by CUP. Therefore, direction is needed for future requests to locate freestanding towers on City owned property. BACKGROUND/ ATTACHMENTS: (1) Memo requesting policy action, page 4 . .r MEMO TO: Tom Hedges, City Administrator FROM: Steve Dorgan, Associate Planner DATE: April 9, 1997 RE: Leasing City Property for Use of Communication Towers city of eagan GENERAL POLICY The City currently leases space to communication service providers for antennae and equipment buildings at water tower sites throughout the City. Leasing a portion of land for the construction of a communication tower and equipment building would be similar to leasing space on City water towers, however a policy needs to be established so that administratively staff has guidance for dealing with such requests. The proposed Tower/Antennae Ordinance provides for communication towers to be located in Industrial and Public Facility zoned districts subject to approval of a CUP by the City. General policy decisions are needed regarding the leasing of City property for the placement of commercial structures including: 1. Should the City lease property for the placement of commercial communication towers and equipment buildings? 2. Should the City sign Development Applications for consideration of placing commercial communication towers and equipment buildings on City owned property? 3. Should the City negotiate lease agreements prior to signing a Development Application for the placement of a communication tower and equipment building on City owned property? AT & T REQUEST The City has recently been approached by AT & T regarding the possibility of locating a communication tower on City owned property. They are specifically interested in a 3.5 acre site located at Chesmar Drive and Cliff Road. The property was previously occupied by a city water storage tank and currently has two small equipment buildings on the site. In order for AT & T to apply for a CUP for the use of a communication tower on the site, the City would have to sign the Development Application as the property owner. Therefore, direction is needed as to whether the City should commit to a Development Application for a CUP to lease a portion of City owned property for the use of a communication tower. cc: Mike Ridley, Senior Planner Lisa Freese, Senior Planner Agenda Information Memo May 6, 1997 ACTION TO BE CONSIDERED: To receive a petition and approve/deny the installation of stop signs at the intersection of Coventry Parkway and Countryview Drive. FACTS: • In August 1996, the City staff received a petition requesting the installation of stop signs at the intersection of Coventry Parkway and Countryview Drive. • In accordance with current procedures, the City staff performed an engineering study of this intersection incorporating the following four elements: 1. Speed Study 2. Traffic Counts 3. Sight Obstruction Survey 4. Accident Analysis + Results of the study are then applied to the criteria contained within the Minnesota Manual on Uniform Traffic Control Devices (MUTCD) which the City Council has adopted as the official guidelines for the City of Eagan to assure uniformity and consistency in the installation and placement of advisory, warning and regulatory traffic control devices. • The results of the engineering study indicate that none of the criteria identified in the MUTCD are met that could warrant the installation of stop signs as requested. • City Council has authorized City staff to install regulatory traffic control devices only when they meet the criteria and guidelines of the MUTCD. Subsequently, this request is being brought to the City Council's attention for formal review and disposition. • The initiator of the petition has been informed of the results of the engineering study and of the Council's consideration of the request scheduled for May 6. • The Institute of Traffic Engineers (ITE) has prepared a publication regarding Neighborhood Traffic Control (Dec. '94) that has two chapters dealing with Stop Sign installations. ATTACHMENTS: • Petition, pages through • Engineering staff report, pages _jam throug,�. • Notification letter, page. • Police Department memo, pages 08tjffough • ITE Publication excerpts, pages � I throu a�9 FOR CITY USE ONLY RECEIVED AUG 6 t,n6 DATE RECEIVED DATE PRESENTED = IN of czag n TO COUNCIL APPROVED 0 DENIED 0 PETITION STOP SIGN 1/We, the undersigned hereby petition the City Co ncil of the City of Eagan to install stop signs on 4 vv Cot( n'�6� at the intersection with 1/We, request this installation for the following reasons: 1. 11 lam �+ "''�,m Comer o•FC�►- / Vt-cw d G� . ven+-c V(P Z94 h 1 5 2.a has a4i o+ w� �6 ot+-e-, 44-ILj5vi4rave jo 0-P4<:1' -1)X . Speita , \/ehlCl� o�-, J-h� vIe�r +, + d- Ad U 1�,, +—� 15 �6 II r- fo F3l+'I/We, r est the C� 6o�u cilTak'"t it s etit�on a yue�st under consideration at it earliest P Q s ea est opportunity and that we be informed as to when it is scheduied so that we may appear in person we so choose. NAME (Please print and Initial, ADDRESS r ' MILF-104 IMS wllaqwlwor a 1-141 rill 4. 5. 6. 7. .s. a,iAn o- c 1 'va, 1tu.o� / W M'40"aluma � C v�TkV U 1,510 jY/a� (!6UA'rn L)irw D k- . ,9�q d lMl DATE RECEIVED DATE PRESENTED, TO COUNCIL AV of aagan APPROVED 13' DENIED E3 PETITION FOR CITY USE ONLY I/We, the undersigned hereby petition the City Council of the City of Eagan to install stop signs on at the intc"s��,tior - � ,l I/We, request this installation for the following reasons: I/We, request that the City Council take this petition request under consideration at its earliest opportunity and that we be informed as to when it is scheduled so that we may appear In person if we so choose. 1. Cf1UC L� Jn1 =a 637 CCayaw f t�w,r 2. ,,e, mf) &44 Pte, 3. �f-'�'1 �2Cza4rq��rKmvf4r MON A.. DATE RECEIVED DATE PRESENTED TO COUNCIL. :Ity of aC gan APPROVED ❑' DENIED L] PETITION FOR CITY USE ONLY L/We, the undersigned hereby petition the City Council Of the City of Eagan to VISIMI etc)F) (O "!IF; U. at the .intersection with I/We, request this Installation for the following reasons: 1. 7 3, 4. /We, request that the City Council take this petition request undoi, C., risideralion M. Its er�►;i{,;;t opportunity and that we be informed as to when it is scheduied sn IhLit we mriv 8rfj,?t)M` in per rr;r; if we so choose. ►:.j i 1 k* A�� r� �v s LJL6 --a-t- 3. -�`-�ar�y' �.�iyt�s _....._.....,i.O`1t�►'- a. 1:cf4 vs. --! of aci40n PETITION DATE RECEIVED DATE PRESENTED TO COUNCIL APPROVED ❑' DENIED E3 FOR CITY USE ONLY k` �lrf Silj`j7 ersigned hereby petition the city C ouncii of the City of Eagan to Ins•a, y •, the and 3 Intersection With 31 request this installation for the following reasons: 1. 2. :3. 4, is etition ren�,est ,.{ va'► ? c3 ~ d�± It is scheduled =c ,'� F est that the City Cou' d take When i /We, re4u _ I .he+ we be inform Dp; we 2, 2 9.. 711• ric w:.•+�'� • :s n , a is � ss � a a ,. . a< 25 • S 1 Y f •fo-a = TITIONING RESIDENTS STOP SIGN PETITION RY PARKWAY & COUNTRY VIEW DR. CITY OF EAGAN PETITIONING RESIDENTS v. N xi a a 1 3 �.,� MARE CR. E. f I • o ~ } a I� t• Rw s 1 �� V . = TITIONING RESIDENTS STOP SIGN PETITION RY PARKWAY & COUNTRY VIEW DR. CITY OF EAGAN PETITIONING RESIDENTS v. city of eagan MEMO ENGINEERING DIVISION TO: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS FROM: STAN LEXVOLD, CONSTRUCTION SUPERVISOR DATE: APRIL 17, 1997 SUBJECT: STOP SIGN PETITION - COVENTRY PARKWAY AND COUNTRY VIEW DRIVE Attached for Council consideration is a stop sign petition signed by 39 property owners requesting the installation of stop signs at the 3 -way intersection of Coventry Parkway and Country View Drive. Also attached is a map showing the petitioning property owners in relation to the above referenced intersection. In response to. this petition, the following issues were investigated to determine if the stop signs are warranted in accordance with the Minnesota Manual on Uniform Traffic Control Devices (M1VMCD) criteria: ACCIDENT ANALYSIS There have been no reported accidents at this intersection from its inception. SPEED STUDY A speed study was performed on September 10 and 11, 1996 between the hours of 6:00 A.M. - 9:00 A.M. and 3:00 P.M. - 6:00 P.M. Results of the speed study indicate that 124 of the 896 vehicles checked at the two different times, exceeded the 30 M.P.H. posted speed limit. The highest recorded speed was 52 M.P.H. The 856 percentile speed was calculated at 30 M.P.H. The 50`h percentile speed was calculated at 25 M.P.H. Less than 20 20-22 23-25 26-28 29-31 32-34 35-37 38-40 41-43 50-52 ID 5:-j- 58 137 316 207 107 59 4 4 2 2 TRAFFIC COUNTS On September 12 and 13, 1996 48 hour traffic counts were taken at this intersection. The following traffic volumes were recorded and are reduced to a 24 hour ADT. * (A) Coventry Parkway west of Country View Drive - 676 vehicles * (B) Country,View Drive south of Coventry Parkway - 403 vehicles * (C) Coventry Parkway east of Country View Drive - 330 vehicles SIGHT DISTANCE ANALYSIS A visual inspection of the above referenced intersection was performed to determine the extent of the clear sight distance. When approaching the intersection from Country View Drive, the clear - sight distance to the east on Coventry Parkway is 365 feet. Also, the clear -sight distance from Country View Drive to the west on Coventry Parkway is 500 feet. CONCLUSIONS After evaluating the information and characteristics of the roadways associated with this request, the warrants established in the N0 UTCD for the installation of a multi -way stop conditions are not met. If you need any additional information, please advise. Construction Supervisor Attachments: Petition Map of Petitioning Residents Traffic Counts Sight Distance Correspondence StoPSignReports/CovPkwy&CountryViewDr.doc 010.7. �x7mm� ,2 i! 14 ,s 24 Ate( �P PRS '°29 2 �cM 3 35 32 2a 34 33 27 4 g 36 8 37 A 36 1 4 7 GO 3 n0 CAPTAIN � DODD 2 5 PARK A = 676 4 B = 403 C = 330 W a � 4 r 7 C C L 14 17 10 s 15 COUNTRY we CT. • = EXISTING STOP SIGNMPH ED LIMIT SIGN DATE: SEPTEMBER 20,1996 STOP SIGN PETITION PARKWAY & COUNTRY VIEW DR. CRY OF EAGM EFVTRAFFIC COUNTS • - EXMTNG STOP 4� 5 CR1r OF EAGAN 30 MPH SPEED UWT SIGN DATE: SEPTEMBER 20,1996 '`- STOP SIGN PETITION ENTRY PARKWAY & COUNTRY VIEW DR. SIGHT DISTANCE Alkali. lrldtV of cagan Dear Ms. Colwell: In August of last year, you submitted a petition requesting the installation of stop signs on Coventry Parkway at its intersection with Countryview Drive. In response to that petition, the Engineering Division performed various studies to determine if the installation of the stop signs was warranted in accordance with the Minnesota Manual On Uniform Traffic Control Devices (MTTCD) criteria. Speed studies, sight distance surveys, and traffic counts were performed in September of 1996. Also, an accident history analysis was performed with our Police Department. Enclosed is a copy of the Engineering report documenting the results of that study. Unfortunately, the results do not meet any of the warrant criteria. As such, the City staff does not have the authority to install the requested regulatory traffic control sign. Subsequently, we are forwarding your request along with the results of the staff's report to the City Council for formal consideration at their regular Council meeting scheduled for May 6, 1997. Previous correspondence to you indicated this study would be completed by last October. Unfortunately, with the departure of our Assistant City Engineer, who was coordinating the response to this request, we were not able to meet that time frame. I apologize for the significant delay in our responding to your request. As the submitter of the petition, I will leave to your discretion the dissemination of this information to other interested neighbors. If I can provide any additional information regarding the staff's report or the Council's consideration of your request, please feel free to contact me at 681-4635. Sincerely, Thomas A. Colbert, P.E.1L.S. Director of Public Works Enclosure: Engineering Report TAC/jj cc: Mayor Tom Egan c/o Thomas L. Hedges, CiD, Administrator MUNICIPAL CENTER'S EV/Affii,five E MAINTENANCE FACILITY 3830 PILOT KNOB ROAD ,� MA TENACOAC N E P'� " I EAGAN MINNESOTA 55122-1897 THE S,!'BOL TRE TH IN OUR COMMUNITY EAC AN. MINNlA; ;A PHONE kc 12) o81-4600 PHONE (612) n8' 4;3u,: FAX (o I ')681 -dolt Equal ortu ction Ernploypr FAXio 12) n" I :1:,I` TDD 454-8535 11711-, •;1;; .!! THOMAS EGAN Movor April 24,1997 PATRICIA AWADA BEA BLOMQUIST SANDRA A. MASIN MS TRACI COLWELL THEODORE WACHTER Council Memoers 4100 COUNTRYVIEW DR EAGAN MN 55123 THOMAS HEDGES City Administraror Re: Stop Sign Petition E. J. VAN OVERBEKECity Clerk Coventry Parkway & Countryview Drive Dear Ms. Colwell: In August of last year, you submitted a petition requesting the installation of stop signs on Coventry Parkway at its intersection with Countryview Drive. In response to that petition, the Engineering Division performed various studies to determine if the installation of the stop signs was warranted in accordance with the Minnesota Manual On Uniform Traffic Control Devices (MTTCD) criteria. Speed studies, sight distance surveys, and traffic counts were performed in September of 1996. Also, an accident history analysis was performed with our Police Department. Enclosed is a copy of the Engineering report documenting the results of that study. Unfortunately, the results do not meet any of the warrant criteria. As such, the City staff does not have the authority to install the requested regulatory traffic control sign. Subsequently, we are forwarding your request along with the results of the staff's report to the City Council for formal consideration at their regular Council meeting scheduled for May 6, 1997. Previous correspondence to you indicated this study would be completed by last October. Unfortunately, with the departure of our Assistant City Engineer, who was coordinating the response to this request, we were not able to meet that time frame. I apologize for the significant delay in our responding to your request. As the submitter of the petition, I will leave to your discretion the dissemination of this information to other interested neighbors. If I can provide any additional information regarding the staff's report or the Council's consideration of your request, please feel free to contact me at 681-4635. Sincerely, Thomas A. Colbert, P.E.1L.S. Director of Public Works Enclosure: Engineering Report TAC/jj cc: Mayor Tom Egan c/o Thomas L. Hedges, CiD, Administrator MUNICIPAL CENTER'S EV/Affii,five E MAINTENANCE FACILITY 3830 PILOT KNOB ROAD ,� MA TENACOAC N E P'� " I EAGAN MINNESOTA 55122-1897 THE S,!'BOL TRE TH IN OUR COMMUNITY EAC AN. MINNlA; ;A PHONE kc 12) o81-4600 PHONE (612) n8' 4;3u,: FAX (o I ')681 -dolt Equal ortu ction Ernploypr FAXio 12) n" I :1:,I` TDD 454-8535 11711-, •;1;; .!! —city of eagan DATE: April 25, 1997 POLICE DEPARTMENT MEMO TO: Thomas A. Colbert, Director of Public Works FROM: Rick Swanson, Police Operations Captain (3,!S SUBJECT: Coventry Parkway and Country View Drive Attached are speed survey results conducted in this area in 1993 and 1996. Some of the surveys in 1993 were of short duration, most likely the result of the officer being called away to respond to a higher priority call. In 1996, the speed surveys conducted in July and August were longer in duration. During these surveys, the highest speed was 37 mph and none of the average speeds were higher than 28 mph. Three other calls for service, in this area, were responded to and are attached for your review. The first call on 6/24/95 was an officer on patrol in the area who thought he heard shots fired. The area was checked and nothing was located. The second call, on 9/16/95, was from a resident who called about a speeding vehicle almost hitting her husband while he was out walking. No license number or description of the vehicle was obtained. The third call, on 6/8/96, was from the same resident who said she was almost hit by two speeding vehicles while out walking. License plate numbers and vehicle descriptions were obtained and an officer followed up on the call. If contact was made with the listed owners of the vehicles, only a warning likely would have been issued as the officer did not witness the violation. Aside from the above information, there has been no other traffic related calls at or around that intersection. If I can be of further assistance, feel free to contact me at extension 710. ado -- =GIN P.D. SPS e7T �1 STA= r z,oCA= Ir U � c e iSmalro DMT d �(( 93 \\ •c�n�N��eg {x•.06 {�.n•.. �o b'.11 P•'"`� 16 cls: c\ e.S a�� 27 ' mG N P.D. SPrr SDZ4':.X - - a� �--� �5 9 13 -,,tV 1 ao I A5 130 133 136 1 A 1 1 1 1 I R a� 30 SQUAD 'm' =,� nmac C�'20H OF SQUADeRmA c 5H0ULD 3E 2DLIK:D i+ -rTEE Z AC 5?=. ALSO EIr,'.�IGzT . WA?JrZNGS mcaN P.D. SP= SujigSy_� IACA_'*SON s T DA^'_' ' 27 -,,tV CAJ 1 I R a V'.1j Q SQUAD =21 n==-C'rZON o SQIIAD J, MQ o f- Lo; ado AVGlL TRA .rr C Dom'=[_'T'Tnv S=nrrr.n rr xn-zr-.n wT,"c rar_ . %Ten rr�Tr-_� ,fir-r+tr+e (.o Q 5 . S a. Q. rn . �0 5 . 5 �r e . m .) 1 v ON c.\ c S M-' AA �a9�Fb Lotl�M��� EAGAN POLICE DEPARTMENT SPEED SURVEY T Officer 1� v L Location- Start TimClear Time 1 ?R a Day of Week t% Date_ Comments Traffic Suggestions Squad # c2 .7, Squad Direction A) .Weather_{ High Speeder Low Speed Average Speed Traffic direction should .be marked with each speed. tickets given. 6193 xjCkf &L Also highlight warnings and (I.'. Uro P . r.-.. k­c:�, 1'. U-0 i� . •> EAGAN POLICE DEPARTMENT ,, /,, SPEED SURVEY O fficer //,`,, �l� 6 Location nir „� )VLAn Start Time -/-7/ S Clear Time. � OD Day of Week lv� Date Comments Traffic Suggestions p Squad # Squad Direction Aj Weather High Speed �J� Low Speed a ` Average Speed ` C2 Traffic direction should be marked with each speed. Also highlight warnings and tickets given. 6/93 c� cro �•m•� -'a cl 3 3� a�-C rp,5 - tea- 3- LD 5 r Q ?- 3 c9k Comments Traffic Suggestions p Squad # Squad Direction Aj Weather High Speed �J� Low Speed a ` Average Speed ` C2 Traffic direction should be marked with each speed. Also highlight warnings and tickets given. 6/93 c� cro �•m•� EAGAN POLICE DEPARTMENT SPEED SURVEY O fficer� . G �a Location `oma V7°W oun4'n jt Coµ••}r'Yv ��� Start Time 183a Clear Time /1Day of Week [JdDate d7" oZ ' 9 C e' r Commen oven.// oene , Traffic Suggestions n-i�- ori road Soy' �`Cu� �� The_ c�•riu: Squad # � Squad Direction S� Weatherar�_lr CXJV High Speed Low Speed a O li. Average Speed �r Traffic direction should be marked with each speed. Also highlight warnings and tickets given. 6/93 a4 � EAGAN POLICE DEPARTMENT SPEED SURVEY 1tir16e5CC� 1UA1 crt— O fficer�e _asf�//c Location rUV1' J HiQ.%l'n vFA11—,eY , Start Time /FOO Clear Time /gas Day of Week Date Commen 1 rartic Sugge stions Squad # "/ Squad Direction - OWeather CG to It* High Speed 3 C) Low Spee , , (" --Average Speed 2;'A . O ., = Traffic direction should be marked with each speed. Also highlight warnings and tickets given. 6/93 - a's (1%00 Q.�,_ to 1'. as p. Y'^ a�� EAGAN POLICE DEPARTMENT SPEED SURVEY Comments_ Traffic S Squad # v� Squad Direction Vq Weather n High Speed ;is Low Speed �1 Average Speed Traffic direction should be marked with each speed. Also highlight warnings and tickets given. 6/93 ao -AfN,;C_\t% ai as Q .w. CIN01001 INCIDENT INQUIRY FRI, APR 25, 1997, 10:30 AM FOR: LYNN Page: 1 Recv: 091695 2214 Address: COUNTRYVIEW / COVENTRY PW Type: P/9000 ROAD AND DRIVIN Reference: City: EA Beat: 10 Pol Dst: 116 Fir Dst: D Map Guide: L-8 Census: 3310 How Recv: P Priority: 3 Dispo: T -Reporting Partyls: BLAND, BARBARA Address: 633 COVENTRY Phone: 6879320 hh mm Time Stamps: Received: 22:14 hhhh mm ss hhhh mm ss Dispatch: :00:00 RC/AS: :00:00 Enroute: :00:00 DI/AS: :00:00 At Scene: : :00:00 DI/CC: :00:00 Close: 22:28 :00:00 Comments: 2214/HAVE BEEN CALLING ABOUT SPEEDERS FOR A YEAR. HUSBAND NEARLY GOT 2214/HIT TONIGHT WHILE WALKING DOG. NO DESC OF VERS 2227/GAVE INFO TO SQUADS 2228/CLOSED DISPO : ALL OTHER History: Unit/Empl Date Time Cmd Type Location/Comments User -------------- ------------ --- -------------------------------------- ------ -EOR- CIN01001 INCIDENT INQUIRY FRI, APR 25, 1997, 10:30 AM FOR: LYNN Page: 1 -Recv: 062495 2310 Address: COVENTRY PW / COUNTRYVIEW Type: P/9860 SUSP Reference: City: EA Beat: 10 Pol Dst: 116 Fir Dst: D Map Guide: L-8 Census: 3310 How Recv: V Reporting Partyrs: 24 Priority: 2 Address: Dispo: G Phone: hh mm Time Stamps: Received: 23:10 hhhh mm ss hhhh mm ss Dispatch: 23:16 :05:12 RC/AS: :13:19 Enroute: :00:00 DI/AS: :08:07 At Scene: 23:24 :00:00 DI/CC: :11:44 Close: 23:27 :03:37 Comments: 2316/REPORT OF SHOTS. FIRED AND SOMEONE SCREAMING, NO FURTHER 2316/INFO, BADGES 69/60 2327/HAVEN'T HEARD ANYTHING 2327/CLOSED DISPO : GOA/UNABLE TO LOC History: Unit/Empl Date Time Cmd Type Location/Comments User -------------- ------------ --- ------ -------------------------------- ------ -EOR- 1 CIN01001 INCIDENT INQUIRY FRI, APR 25, 1997, 10:30 AM FOR: LYNN Page: 1 Recv; 060896 2238 Address: COUNTRYVIEW / COVENTRY PW Type: P/9000 ROAD AND DRIVIN Reference: City: EA Beat: 10 Pol Dst: 116 Fir Dst: D Map Guide: L-8 Census: 3310 How Recv: P Priority: 3 Dispo: S -Reporting Party's: BARBARA BLAND Address: 633 COVENTRY PKWY Phone: 6879320 Comments: 2238/2 VEHICLES ALMOST HIT THE RP AROUND 2130 TONIGHT -- 2238/LIC/150LTL - RED BLAZER - LIC/HAPSTER BLK PICKUP TRUCK 2238/TEENS DRIVING BOTH VEHICLES - THEY WERE FLYING UP THE ROAD ABOUT 20 MPH 2238/OVER THE SPEED LIMIT 2305/48 2321/CLOSED DISPO : ADVISE/ASSIST History: Unit/Empl -------------- hh mm Time Cmd Type Time Stamps: Received: 22:38 hhhh mm ss hhhh mm ss Dispatch: 23:05 :27:41 RC/AS: :29:22 Enroute: 06/08 :00:00 DI/AS: :01:41 At Scene: 23:07 :00:00 DI/CC: :16:12 Close: 23:21 :14:31 COUNTRYVIEW / COVENTRY PW Comments: 2238/2 VEHICLES ALMOST HIT THE RP AROUND 2130 TONIGHT -- 2238/LIC/150LTL - RED BLAZER - LIC/HAPSTER BLK PICKUP TRUCK 2238/TEENS DRIVING BOTH VEHICLES - THEY WERE FLYING UP THE ROAD ABOUT 20 MPH 2238/OVER THE SPEED LIMIT 2305/48 2321/CLOSED DISPO : ADVISE/ASSIST History: Unit/Empl -------------- Date ----- Time Cmd Type Location/Comments User 06/08 ------- 22:38:04 --- RC ------ 9000 -------------------------------- COUNTRYVIEW / COVENTRY PW ------ 122 3322/48 06/08 23:05:45 DC 9000 COUNTRYVIEW / COVENTRY PW 122 3322/48 06/08 23:07:26 AC 9000 COUNTRYVIEW / COVENTRY PW 122 3322/48 06/08 23:07:31 SC 9000 10-21 5 122 3322/48 06/08 23:21:57 CC 9000 10-21 5 122 -EOR- asa ALL -WAY STOPS The Manual on Uniform Traffic Control Devices (MUTCD) and Traffic Engineers Handbook (TEH) have established specific warrants for installation of 4 way or all way stops. These warrants were developed to assist in determining whether or not 4 way stop signs could help assign right of way at higher volume intersections reduce an acci- dent problem, or fill in as an interim measure until traffic signals could be installed. Con- siderations outside established warrants are restricted intersection sight distances, and school crossings. Studies have shown that 4 way stop signs are not an effective technique for controlling speeds and should not be used to reduce traffic volumes, or simply to satisfy citizen demands. It should be remem- bered that stop signs constitute one of the most significant means of separating and controlling traffic movements and should be carefully considered. Effects Volumes. Four-way stop signs produce no net reduction of traffic volumes if traffic is primarily local in make-up. Where there is existing shortcutting thru traffic, stop signs may reduce volumes, however, the effective- ness of the 4 -way stop as a deterrent to thru traffic is dependent on stop sign saturation, heavy enforcement and the availability of useful alternative routes. Often the alterna- tive route is another adjacent residential street, and problem traffic is merely dis- placed, not eliminated. Neighborhood Traffic Control CHAPTER 15 Speeds. Studies have typically shown 4 -way stops do not have a significant impact on vehicular speeds. Overall area speeds have shown minimal reductions near the intersec- tion. In midblock areas, where most acci- dents involving young pedestrians occur, speed increases are frequently the result. Safety. It is not clear whether 4 -way stop signs will improve safety when they do not meet established warrants. In some cases accidents actually increase, possibly due to the stop signs being unexpected or deemed unnecessary thereby encouraging rolling stops, or by instilling a false sense of security in crossing . motorists and pedestrians. Studies have shown that stop signs that do not meet warrants are basically ignored by many drivers. Also as mentioned before, speeds tend to increase in the mid block areas where most young pedestrian accidents occur. However, if warrants are met or where sight distances are poor - an all way stop may increase safety. 05-( December 1994 15-1 Traffic Noise, Air Quality, Energy Consump- tion. Noise is increased near the intersection due to the increased activity of acceleration (many drivers speed up to make up for time lost at the stop sign) and added braking. Ad- jacent residents may complain about the addi- tional noise. Air quality is worsened and fuel consumption is increased due to added deceleration, ac- celeration and idling. Unnecessary stops reduce the efficient movement of traffic flow, by increasing travel time on the route. Community Reaction. Mixed. Some resi- dents would feel "anything is better than noth- ing" or are misinformed about the potential impacts. Some view this measure as a safety improvement. Others view this measure as an unnecessary impediment to reasonable move- ment thru the area and an encouragement to "blow the stop signs" in the area. Many resi- dents in the immediate vicinity of all -way stop signs view them in a positive manner. It is up to traffic engineers or other governing agents to responsibly determine the best traffic con- trol under the specific circumstances based on reasonable guidelines. Additional Considerations Installation of all -way stop signs is often used by a governing body as an immediate, tan- gible and inexpensive response to a neighborhood's concern about safety on a local residential street.. The use of stop signs creates a solution which is one of perception rather than effective improvement. This misuse of stop signs should -be resisted by the local traffic engineer and governing body. Some studies have shown that the warrants for stop signs can be expanded to include other considerations such as presence of Neighborhood Traffic Control designated school crossings and sight dis- tance problems. The failure to follow the es- tablished warrants, to install stop signs without specific justification, may have legal implications to the local government agency. :;- 5-a December 1994 Reference Manual on Uniform Traffic Control Devices 15-2 STOP SIGN REMOVAL In many communities, stop signs are often installed in locations where they are not war- ranted. The MUTCD (Manual on Uniform Traffic Control Devices) has established specific warrants for such installations. How- ever, due to political or other reasons, unwar- ranted stop signs are still installed. The signs are often installed with the perception that speed and traffic volume will be reduced, safety will be enhanced, etc. After installa- tion, it is often found that the unwarranted signs are not solving the problems, and in some cases, have created new problems. The questions of then removing the unwarranted stop sign(s) becomes a new issue. Removal of a stop sign can often be as sensi- tive an issue as installing a new stop sign, sometimes even more so. Different percep- tions and objectives often exist between in- dividuals who reside by the street and the motorists from outside the neighborhood who drive the street on a regular basis. When considering the removal of a stop sign, care- ful consideration of MUTCD warrants, acci- dent histories, and traffic counts and speeds must be studied carefully. In addition, the general public and decision makers must be educated as thoroughly as possible. Effects Volumes. Little impact. Neighborhood Traffic Control CHAPTER17 Speed. Speed at or near intersections may increase. However, mid -block areas will ex- perience little impact. Traffic Noise, Air Quality and Energy Con- sumption. Usually improves. Traffic Safety. Not clearly defined as to whether or not safety will improve or worsen. Each situation is unique. Typically, safety im- proves in the long run when unwarranted signs are removed. Community Reaction Mixed. Differing view points are often expressed between citizens residing adjacent to the roadway and motorists traveling on the roadway daily. Removal of inplace stop signs is often very difficult to accept for residents used to having them there, even when the signs are unwar- ranted. It is imperative that traffic engineers and other decision makers determine the best traffic control measures under specific cir- cumstances based on reasonable guidelines. � 3 December 17-1 Agenda Information Memo May 6, 1997 ACTION TO BE CONSIDERED: Review the current County Five -Year CIP (1997 - 2001) and offer comments/direction for preparation of the County's 1998 - 2002 CIP. FACTS: • The City of Eagan has received a request from Dakota County to review their current (1997 - 2001) Five -Year CIP and provide formal comments from the City Council regarding the preparation of the 1998 - 2002 CIP. • The City and County's Five -Year CIP for 1997 - 2001 is very similar except for those improvements footnoted with an asterisk (*). ATTACHMENTS: * Staff memo, pages 02 � through.ZSG * Location Map, page, asp( city of eagan TO: MAYOR & CITY COUNCIL C/O THOMAS L HEDGES, CITY ADMINISTRATOR FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS DATE: MAY 1, 1997 SUBJECT: PROPOSED DAKOTA COUNTY 5 -YEAR CIP (1998-2002) MEMO Recently, the City received a request from Dakota County to review portions of their existing 1997-2001 CIP and provide any suggestions or comments that should be taken into consideration for the County's preparation of the 1998-2002 CIP. The County has requested formal comments from the City Council. The following is a list of the current County ('97201) CIP. CURRENT COUNTY (-97--01 CIP) Roadway Improvements YEAR ROAD SEGMENT IMPROVEMENT 1997 Lone Oak Rd. Neil Armstrong Blvd. - TH 55 4 -lane divided 1997 Yankee Doodle Rd. Federal Dr. - Promenade Ave. Financing the 1996 6 -lane widening 1998 Cliff Rd. ChesMar Dr. to Lexington Ave. 4 -lane divided 1998 Lexington Ave. Golfview Dr. - Northwood Dr. 4 -lane divided 11999(-1) Yankee Doodle Rd. TH 149 - County Rd. 63 (IGHT's) 2 -lane rural 2000 Nothing Scheduled 2001 Nothing Scheduled Future Lone Oak Rd. TH 55 - County Rd. 63 (IGHT's) 4 -lane divided Future (*2) Pilot Knob Rd. Yankee Doodle - Duckwood Dr. 3rd lane widening Future Cliff Rd. Lexington Ave. - TH 3 3 -lane urban Future Lone Oak Road TH 13 - Pilot Knob Road 3 -lane urban Future Diffley at Rahn Road Intersection improv. (*1) Programmed for 1998 in City's 5 -Year CIP (1997 -2001) a 5- Signals YEAR INTERSECTION LOCATION 1997(-3) Lexington Ave. @ Wescott Rd. 1997 Diffley @ Rahn (Prelim. Eng. Study Only) 1998 None Scheduled 1999 None Scheduled 2000 None Scheduled 2001 None Scheduled Future Pilot Knob Road @ Highsite Drive Future Lexington Avenue @ Duckwood Drive Future Diffley @ Rahn (Signal with intersection imp.) Future (*4) Pilot Knob Road @ Towerview Road Future (*5) Diffley @ Johnny Cake Ridge Road (*3) Scheduled for "Future" in City's 5 -Year CIP (1997 - 2001) (*4) Not in County's CIP but in City's (1997 -2001) (*5) Not in County's CIP but in City's (1997 - 2001) Bikeways (Both sides @ 55%) YEAR ROAD SEGMENT 1997 Lone Oak Rd.. Neil Armstrong - TH 55 1998 Cliff Road ChesMar Drive - Lexington Avenue 1998 Lexington Avenue Yankee Doodle Road - Lone Oak Road 1999 None Scheduled 2000 None Scheduled 2001 None Scheduled Future None Scheduled Due to the significant time commitment and expense incurred by both the City and the County in performing preliminary surveys, design, informational open houses and neighborhood meetings, the City Council should be strongly committed to the proposed improvements that will be programmed for a specific year. If there is uncertainty, it should be placed in a "Future" category for reconsideration at a later date by Council initiative. I will be available to provide additional insights and information pertaining to this program as desired by the Council. Respectf y submitted, homts A. ColbertP.E. Director of Public Works TAC/cb G:TAC/County5y.may DAKOTA COUNTY 5 YEAR C.I.P. ( 1997 - 2001 ) FUTURE ( F) PROGRAMED (97,98...) Q TRAFFIC SIGNAL - (F) 11 TRAFFIC SIGNAL -(97,98 •) � Q a 0 1004 ® F LONE OA D. M ` 98 i _ — Y*WEE DOM + I 97 YAMME DOODLE RGA ' �I RD. 97- F 7 -F /f RD. 97COLINTYCIP 4/25/97 APPLE VALLEY WESCOTT 1 WFLEY ROAD "94 98 CLF` ROAD F Rosswowr CLEF ROAD $50.00 Investigation Fee CITY OF EAGAN Date •525.00 Licen Fee APPLICATION FOR SHOWS LICENSE - ,f r [Shows: public show, movie, caravan, circus, carnival, exhibition, theater] I, ` 7 / ��✓� , hereby make application fora nametypeof show license from the City of Eagan, which will take place on �7/.2 / / C7 7 during the hours of dates �i lam— Il ;'�l` at S 'ILLI ( � / The purpose of the event hours r' location is: IIeplESent C; ci G i') �(-'J `I LGi2 4-e"! '1 _ name of organiation address phone Names and addresses of corporation officers: name address phone name address phone name address phone name address phone Person in charge of eye=— /I IC j-- (,i-1 G.{, rt. - last name first name middle name 3.1 '% ' S -LL n �c L LCL 4 S. Y1�hJ 37 Y3 r = : �a_/a -S` 7� `� 76 � address; - phone birthdate social security number MASE CHECK PAYABLE TO: CITY OF EAGAN. Licenses are issued for a specific period and will be issued to qualified individuals or firms only. Failure to provide true and correct information shall constitute a violation of the ordinance in question and in addition to penalties, the license of any applicant may be. revoked. ssssssssssssssssssssssssssssssss:sssssssssssssssssssssssssssssssssssssssssssssssssssssssssss sssss Date City Clerk Approval D a t e PAID—�L� 4.91 DATE � / AMOUNT d CHECK NO. "L e2l d