07/01/1997 - City Council RegularAGENDA
EAGAN CTTY COUNCIL - REGULAR MEETING
EAGAN MUNICIPAL CENTER BUILDING
JULY 1, 1997
6:30 P.M.
ROLL CALL & PLEDGE OF ALLEGIANCE
II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE)
III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT)
IV. DEPARTMENT HEAD BUSINESS (BLUE)
?, I A. CONSIDERATION of second sheet of ice/Mighty Ducks Grant
V. CONSENT AGENDA (PINK)
�. 3 A. PERSONNEL ITEMS
SB. AGREEMENT, Cost Participation and Indemnification, Environmental Remediation, 855 Lone
• Oak Road
f C. TRANSFER OF PROPERTY, 855, 845, 835 and 821 Lone Oak Road to Roseville Properties, Hwy.
55 Redevelopment District
Pla+ D. FINAL SUBDIVISION, Roseville Properties for Eagan Business Commons �4 E. CONTRACT, Dakota County Housing and Redevelopment Authority, acquisition of Lawrence
Avenue and Linde Lane properties, Hwy 55 Redevelopment District
( 41 F. RECOMMENDATION, Economic Development Commission, Amendment of Revolving Loan
Fund Guidelines, Application Deadlines
LOG. PROJECT 682, approve assessment deferral agreements (Deerwood Townhomes - Utilities)
DELETE condition of approval for Eagandale Center Industrial Park No. 12 - MEPC
X91. FINAL SUBDIVISION, Tri -Land for Majestic Oaks
J. APPROVAL to proceed with design to Fish Lake alum dosing station
CONTRACT 94 -ZZ, acknowledge completion/authorize City maintenance (Town Centre 100-
14th)
L. CONTRACT 96-U, acknowledge completion/authorize City maintenance (Precision Tune)
r S M. CONTRACT 95-HHH, acknowledge completion/authorize City maintenance (Galaxie Cliff Add.
No. 1)
�04N. CONTRACT 96-13, approve final payment/acknowledge completion/authorize City
rr maintenance (Mallard Park 2nd & Woodgate 2nd - Street Reconstruction)
Y O. CONTRACT 97-07, receive bids/award contract (Eagan Business Commons - Streets & Utilities)
P. CONTRACT 97-11, receive bids/award contract (Old Sibley Hwy. - Streets & Utilities)
te AUTHORIZE, preparation of plans and specifications, Fire Administration Building Project,
Boarman, Kroos, Pfister, Vogel & Associates and APPROVE construction financing plan
including Resolution for use of Cable Franchise Fees
R. CONTRACT, City of Eagan and HealthEast Transportation, Inc. for pre -arrival emergency
medical instructions
A S. FINDINGS OF FACT, City of Eagan, rezoning of approximately 80 acres from I-1 (Limited
�^ Industrial) to BP (Business Park)
T. CONTRACT 97-12, approve final payment/authorize City maintenance (Deerwood Res. - Logo)
U. CONTRACT 97-01, approve MnDOT cost participation agreement (Emergency Vehicle Pre-
emption - Signal Modifications)
AMEND access easement, Lot 1, Block 1, Eagan Convenience Center
�V.
7S W. VACATION of ponding easement, cancel public hearing (Lot 3, Block 1, Tara Ct.)
�' 1X. INITIATE rezoning, City of Eagan, for approximately 42 acres located north of Eagan Promenade
and west of Lexington Avenue
Y. TREE CONTRACTOR LICENSE, River Junction Tree Service, 13 23rd Street, Prescott, WI
FERTILIZER APPLICATOR LICENSE, Guaranteed Turf Care, 9919 Valley View Road, Eden
'7 Prairie
AA. PROJECT 712, receive final assessment roll/set public hearing (Surrey Heights - Streetlights)
VI. OLD BUSINESS (ORCHID)
11
1' A. SLATER ROAD sidewalk proposal
B.
ORDINANCE AMENDMENT, Sec. 2.52, changing title of Advisory Parks, Recreation, and
ICA•
Natural Resources Commission (APRNRC) to Advisory Parks Commission (APrC)
VII. NEW BUSINESS (TAN)
CONDITIONAL USE PERMIT - AT&T Wireless Services, to allow a 100' tall communication
monopole on Lot 1, Block 2, Joseph Connolly Addition located on Ches Mar Drive and Cliff Road
in the SW 1/4 of Section 27
� %cl B.
PRELIMINARY PLANNED DEVELOPMENT - Dakota County HRA, for a senior housing
•
campus consisting of four buildings and a PRELIMINARY SUBDIVISION (Eagan Senior
Housing) consisting of one lot and one outlot on 19.51 acres legally described as Outlot A, Town
Center 100 Sixth Addition located on the south side of Town Centre Drive and north of O'Leary
Lake in the NE 1/4 of Section 15
C.
PLANNED DEVELOPMENT AMENDMENT - E -Z Air Park, Inc., to replace the existing garage
and add a 600 sq. ft. office on the north side of the new garage for property Iocated at 2804
Lexington Avenue in the SW 1/4 of Section 2
D.
CONDITIONAL USE PERMIT - U.S. West New Vector Group Inc., to allow a communication
tower in excess of the 100' maximum height limitation and a VARIANCE to the co -location
requirement for a tower exceeding 100' feet
E.
ORDINANCE AMENDMENT - City of Eagan, to City Code Section 11.20 entitled "Land Use
•
Regulations" (Zoning) regarding Communication Towers and Antennae
VIII. LEGISLATIVE/INTERGOVERNMENTAL
AFFAIRS UPDATE (GREY)
IX. ADMINISTRATIVE AGENDA (GREEN)
X. VISITORS TO BE HEARD (for those persons not on agenda)
XI. ADJOURNMENT
XII. EXECUTIVE SESSION
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and
employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or
status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least
96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid.
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
June 17,1997
A regular meeting of the Eagan City Council was held on Tuesday, June 17,1997 at 6:30 p.m. at
the Eagan Municipal Center. Present weri'Mayor Egan and Councilmembers Wachter, Awada, Masin
and Blomquist. Also present were City k .. trator Tom Hedges, Senior Planner Mike Ridley, Director
of Public Works Tom Colbert, and City AtkQMey J� n. Sheldon.
City Administrator Hedges provid. information about the Interim Ordinance the City Council
adopted at the June 3, 1997 City Council meeting. He explained that the City is currently in the process of
studying all D-11 zoned property in the City. He added that the Pulte Homes application was to be
considered at this evening's City Council meeting. He further added that the application will not be
considered until the D-11 study is complete and the Interim Ordinance is no longer in effect
Councilmember Awada moved, duncilmeii4 Blomquist seconded a motion to approve the
agenda as presented. Aye: 5 Nay: 0
MINUTES ;OF THE. XW.!, . e.1997.nGULAR MEETING
Councilmember Awada commented thait% o*ii**'�"ige 2, the acronym for the Advisory Parks
Commission (APC) should be changed to differentiate from the acronym used for the Advisory Planning
Commission (APC). Councilmember Masin noted that the name change request is on the consent agenda
and could be discussed at that time.
Councilmember Wachter moved, Councilmember-.-B1`:'*------' -
... qM. quist seconded a motion to approve the
minutes as presented. Aye: 4 Nay: 0 (Coundlme i�a . abstained)
111,111%ZUTES OF71in. MAY 27,.1* SPECIAL MEEMG
Councilmember Blomquist moved, CounkfAiir ... �* ter seconded a motion to approve the
minutes as presented. Aye: 5 Nay: 0
Vi SITORS TO BE HEARD
Jeff Mayer, 2920 Pilot Knob Road, requested that the City Council give consideration to
instituting a building and property maintenance program. He distributed copies of other cities'
ordinances. .. .......
............
.............
Joe Harrison, 2811 Beam Lane, sfiW that tl4J'C*
..:. -ity Council should redo the ordinance to enforce
zoning violations. He presented pictures.qfwarious, houses that are deteriorating in the City. He added
that safety is a concern.
Mr. Mayer said that these types 6f'Pi8p-:-e 6r aye-kt kfive nuisances and he further said that
children could get hurt exploring the vacant, deteriorating buildings. Mr. Harrison stated that the current
ordinances are not being enforced by the City.
Margaret Pellerin, 2950 Pilot Knob
maintenance ordinance and felt the City sb
the implementation of a new property
'0jin
, . ance similar to other cities.
Mayor Egan outlined the major igkk� as being prop" maintenance, including buildings and
grounds, automobile sales, and the parkftof inoperable vehicles. Councilmember Wachter thanked the
residents for bringing this matter to the 4f(�ntion of the City Qpi cil and added that there should be an
ordinance to regulate these violations. do:*:ijti[-T#iiat requested that a new ordinance should
bur
be given consideration expeditiously.
EAGAN CITY COUNCIL MEETING M RTFE.S; JUNE 17,1997
PAGE 2
Mayor Egan moved, Councilmember Wachter seconded a motion to direct the preparation of a
draft ordinance to regulate building and property maintenance, including other code enforcement
provisions. Aye: .5 Nay: 0
Marge Tilley,1055 Wescott Road,-J.Nt* d;a ots :t :I . arking resolution being considered on
the consent agenda for Wescott Road. Marc $itii: lai 4.*11 tt the item would be discussed under the
consent agenda.
Dick Vitelli, West St. Paul City 06iiiicilmember, requested to discuss Personnel Item No. 7,
Electrical Inspections. Mayor Egan stated that the item would be discussed under the consent agenda.
IEPARTMEN'il' HEAD yBUSINE5S
RECOMMENDATION, AIRPOR'�';LATIQ$ COMMISSION, NORTHWEST AIRLINES'
REQUEST, RUNWAY EXENSION INTERNATIONAL OPERATIONS
City Administrator Hedges provided an overview on this item. Councilmember Blomquist
requested that a clarification be made to t Y d ?o :tYi0 all airlines, not just Northwest Airlines,
should do what they can through MASAC'&id-pilbt4ii-I iirig to'3educe excursions from the Eagan -
Mendota Heights Corridor.
Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve a
recommendation by the Airport Relations Commission regarding Northwest Airlines' request for runway
extension for international operations. Aye: 5 Nay: 0
Nt;` AGENDA
In regard to Item 7 under Personne4:1teri#s,::Mg6itgan noted that it would be considered as Item
D under Old Business.
In regard to Item E, Wescott Road, approve no parkirig'i�-solution (Pi
Mayor Egan noted that it would be considered as Item E under Old Business.
In regard to Item B, Resignations Airport Relations Commission, Mayor Egan noted that Joe
Harrision will be missed and he thanked him for his service. Councilmember Blomquist stated she would
like to see the City Council send a letter ofgip"�dation,fi4:l� —. Harrison for all the work he has done
and for all his years of service.
In regard to Item C, Contract 9
Councilmember Blomquist asked if the
could be awarded based on individual
contract was being awarded based on t
individual projects.
considered as one bid or whether the bid
Feer of Public Works Colbert stated that the
i#:#1 the projects combined and not on
In regard to Item D, Contract 97-01B, receive bids/ award contract (Emergency Vehicle Pre-
emption - Si al E ui ment), Councilmember Blomquist questioned why so much information was
unavailable on the bid tabulation and noted-0*0 #trier :i i .only one bidder on the contract. Mayor Egan
said that no feasibility report was prepargA.' i6 ' is" confiact:a Ad he added that there were five plan
holders, but only one chose to submit a f,tt cal bid. He note►at the total bid was 33% lower than the
engineer's estimate.
In regard to Item S,
Recreation, and Natural Resources Comftft t:XA�j� dd.:rMks Commission, Councilmember Masin
stated that the City Council did not get the staff's nor the Advisory Parks, Recreation, and Natural
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 17,1997
PAGE 3
Resources Commission's input on the title change. Councilmember Awada said that the City Council was
requested by the APRNRC to change the name and the acronym should not be the same as the Advisory
Planning Commission (APC). Discussion occurred regarding the appropriate acronym. It was decided
that the official name of the commission sh6itTd be Advisory Parks Commission (APrC).
A. Personnel Items
Item 1. It was recommended to approve fire'fiituig'of'tide'$eecher, Gabriel boring, Rachel Forde, Jim
Halloran, Lisa Heine, Nicole Hughes, Rut .L--Nutchins, Katie Jensen, Heather Kattleman, Courtney Kjos,
Rachel Kunz, Brandee Kuzel, Erin Kuzel, ]i298ica Lentsch, Quentin Mitchell, Kim Moen, Sara Rodman,
Julie Russomanno, Sarah Schmidt, Kelly jo Tepfer, and Jason VanOverbeke as seasonal Recreation
Assistants.
Item 2. It was recommended to approve the hiring of Julie Beecher, Rachel Coulter, Nicole Dardis,
Heather Kjos, Kimberly Larson, and Steph� J.me Toussaint as seasonal Recreation Leaders.
Item 3. It was recommended to approve fkliring o€ #udy Forde as a seasonal Preschool Program
Instructor.
Item 4. It was recommended to approve tJi :3i & of n&KdRourke and Anthony Sexton as seasonal
Tennis Instructors.
Item 5. It was recommended to approve the hiring of Carrie Gangl as a seasonal Utility Maintenance
Worker.
Item 6. It was recommended to approve the hiring of K:L'.GQnnor as a seasonal Parks Maintenance
Worker.
Item 7. Resolution rescinding Ordinance No:*6$.,for establi�. 9 an Electrical Inspector and engaging the
State of Minnesota to provide electrical inspecitimi:sgr nzes for the City of Eagan effective July 1, 1997.
(This item was considered as Item D under Old BusifieSs�
B. Resignation, Airport Relations Commission. It was recommended to accept the resignation of Joe
Harrison from the Airport Relations Commission and to appoint the current alternate, Michael Steenberg,
to fill the remainder of Mr. Harrison's term.
C. Contract 97-06, receive bids/awa
the bids for Contract 97-06 (Miscellai
bidder and authorize the Mayor and
Lyl. It was recommended to receive
the contract to the lowest responsible
�d documents.
D. Contract 97-01B, receive bids/ award gotract (EM. ggency Vehicle Pre-emption - Signal Equigment).
It was recommended to receive the bids f it ContracK 97-01B (Emergency Vehicle Pre-emption - Signal
Equipment), award the contract to the Iot S :fie puii5ils3 IN.': and authorize the Mayor and City Clerk
to execute all related documents. (CounciIaieiiiber BloiifV sYtipposed).
E. Wescott Road, approve no parking resolution (Pilot Knob Road to TH 149) (This item was considered
as Item E under Old Business).
F. Kingswood Pond Rd. - approve reso1utiork:66&*V_;
recommended to approve a Resolution co09; gying a pu
Pond Road and authorize the Mayor and qty Clerk to
G. Project 722, authorize feasibility M<
recommended to authorize the feasibilit
(Murphy Parkway - Trunk Watermain).
treet over public property. It was
over public property for Kingswood
1 related documents.
y Pk 3% - Trunk Watermainl. It was
and specifications for Project 722
EAGAN CTTY COUNCIL MEETING MINUTES; JUNE 17,1997
PAGE
H. Amusement Device license renewals. It was recommended to approve the license renewals for the
amusement device licensees as attached in Exhibit A.
I. Service Station license renewals. It wM:teCommended to approve the license renewals for service
stations as attached in Exhibit B.
J. Approval of purchase agreement, HM : 9f j�� ; strict, 815 Lone Oak Road - Arnold
Buecksler property. It was recommended tii.approve a puictiase agreement for the Arnold Buecksler
property located at 815 Lone Oak Road fc'it: purposes of removal and redevelopment as a part of the
Eagan Business Commons Project within :Highway 55 Redevelopment District.
K. Preliaun & Final Planned Develo went & Final Subdivision - Education Alternatives Inc. for
Tesseract School. It was recommended to approve a Final Subdivision for Tesseract Addition for 1 lot
and 1 outlot on 12 acres, located south of � er Bell Road and north of Highway 13 in the NE 1/4 of
Section 19 and to approve the Prelimirkm�:iitd FinalThinned Development for Tesseract Addition for one
lot for the expansion of Tesseract School, 'Wated sotif f*of Silver Bell Road, north of Highway 13, and east
of Tesseract Place in the NE 1/4 of Sectio6:119.
L. Approve 7-1-97 to 7-1-98 General Insu 0ob:R, idw. a1..:At..was:recommended to approve the general
insurance renewal for 7-1-97 to 7-1-98.
M. Approve correction to the May 19,1997 City Council minutes. It was recommended to approve a
correction to the May 19th City Council minutes by removing Condition #3 of Minneagan Real Estate
Company - UPS 2nd Addition.
N. Contract 97-01, approve Coun agleement (Emereen -V cle Pre-emption Signals). It was
recommended to approve Dakota County Agr�ei P400:40.9746 to City Contract -97-01 (Emergency Vehicle
Pre-emption - Signal Modifications) and �u€lidru the Maj��or and City Clerk to execute all related
documents.
O. Vacate unlit easements, receive petition/order ptiblkl ong (Lots 4,, 5, Block 3, Eagandale
Co orate Center). It was recommended to receive a petition "acate a common lot line utility &
drainage easement over Lots 4 & 5, Block 3, Eagandale Corporate Center and schedule a public hearing to
be held on July 15,1997.
P. Contract 96-01 approve Change Order #4 (Eagandale Cor orate Center . It was recommended to
approve Change Order #4 for Contract 96-01•.Pgandale Corporate Center - Streets & Utilities) and
authorize the Mayor and City Clerk toexec% ailatecl ioii'nts.
Q. Proiect 719, approve County aereem ii (Diffley"Rif: & Rahn Rd. - Signal Study). It was
recommended to approve an agreement y►.. Dakota:Eounty for Project 719 (Diffley Road & Rahn Road -
Signal Study) for preliminary engineerir,�:A .id. .and authorize the Mayor and City Clerk to
execute all related documents.
R. On -Sale Liquor license Wheatstone Restaurant Group, LLC dba Houlihan's.1294 Promenade Place.
It was recommended to approve an on -sale liquor license for Wheatstone Restaurant Group LLC dba
Houlihan's to be located at the Promenade restaurant cluster at 124 Promenade Place.
S.
t omausslon to A[lvlsOry Farks CAmmisgQLK:;'it was recomr
Code, Section 2.52, changing the title of tare Advisory Parks,
Commission to Advisory Parks Commis#4 (APrC).
T. Premises Permit Renewal Applicatio6;:Edgiii:A ,-s6
resolution renewing the charitable gambli°rig premises periiuf't'or
tab operations at the Cherokee Sirloin Room at 4625 Nicols Road.
to approve an amendment to City
ion, and Natural Resources
tion. It was recommended to approve a
the Eagan Hockey Association for pull-
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 17,1997
PAGE
U. Vacate ponding easement receive petition/ order public hearing (Lot 3 Block 1, Tara Court). It was
recommended to receive a petition to vacate:a ponding easement over a portion of Lot 3, Block 1, Tara
Court, as described and schedule a public t.0aring to be held on July 15,1997.
Councilmember Awada moved, seconded a motion to approve the
consent agenda. Aye: 5 Nay: 0
LICHEARINGS
VACATE UTILITY EASEMENT, MICHAEL SILL 1sT ADD. (TESSERACT SCHOOL)
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
gave a staff report. Mayor Egan opened the.public hearing to anyone wishing to speak. There being no
one, he turned the discussion back to the:Ctiimcil.
Councilmember Blomquist movei Council��nber Wachter seconded a motion to close the
public hearing and approve the vacation d1he utility i' asement as described over Lot 1, Block 1, Michael
R. Sill ls' Addition (Tesseract School) and:�[U1€iq .00'-- Ia . Y:wad City Clerk to execute all related
documents. Aye: 5 Nay: 0
PROJECT 709R, APPROVE PRELIMINARY DESIGN LAYOUT
(TH 13 - SUPER 2 -LANE AND BLACKHAWK SIGNAL)
City Administrator Hedges provided an overview on•tktis item. Director of Public Works Colbert
gave a staff report. Councilmember Masin asked if jutr;T3!Qaitld ever consider a 4 -lane design. Colbert
explained that MnDOT proposes to turn back TY :: d:VUota County within 20 years. He added that
TH 13 is not in any of MnDOT's long-rarig��apiial improvement programs for expansion or improvement
beyond preservation of rideability.
Councilmember Wachter asked if MnDOT caiii ef.Azry of the surplus funds from their
budget to the next year and if any excess funds from 1996 W*&::arried over. Director of Public Works
Colbert explained that if there were any excess funds they probably have already been used since
MnDOT is on a fiscal year which begins July 1. He added that if there are excess funds available MnDOT
will accelerate a project programmed for the next fiscal year. Councilmember Wachter stated that it
would be fiscally prudent for the City Council to do this project in 1999 in order to take advantage of the
1998 budget. He asked if the County will be:pftlicipating in the -cost of this project. Colbert said that the
County will not expend any funds for the:i v- gg en#: is not a County road at this time.
Mayor Egan opened the public liftiring to a*he wishing to speak. Otis Trujillo, owner of
LaFonda's - 3665 Highway 13, stated he opposect;to the median that would cut off their business and
affect revenues. He added that he was rot tppgggd.*4a:grq.w h.or the signalization.
Director of Public Works Colbert stated that Mn indicated indicated that in order for them to provide
the funds for the signalization full access to Shawnee Road and Yankee Drive must be eliminated and
access restricted to right-in/right-out movement only.
There being no one else wishing to speak; kot .£fan turned the discussion back to the Council.
Councilmember Awada asked what it wouXdc49t'to cicita 4 -lane roadway from Silver Bell to
Yankee Doodle. Jim Dvorak, Short-Elliot�rickson, sta�hat it would cost approximately $800,000
more.
Mayor Egan stated that he appreced Mr,
initiate
and he said that the City did not
initiate this project, but rather the properr; viiei:aicl:lSes along TH 13 requested it because of
the unsafe conditions that currently exist. 'He iioteii'tliat tiie City Council needs to do something to create
a safe roadway design. Councilmember Wachter added that he attended many of the meetings held by
EAGAN CITY COUNCIL MEETING MINUTES, JUNE 17,1497
PAGE 6
the local businesses along TH 13 and everyone preferred a 4 -lane but the need to create a safe roadway is
necessary now and cannot be put off for another 20 years.
Councilmember Wachter movedi', - uncilmember Blomquist seconded a motion to close the
public hearing and approve a preliminary�&sign layout for Project 709R and authorize staff to pursue all
available funding options and required agrRements. ' ... MnD(JT. Aye: 5 Nay: 0
REZ< ING - CITY OF EAGAN
PRELIMINARY SUBDIVISION & VARIANCE - MAPLEWOOD ACRES
(EAGANDALE CORPORATE CENTER NO. 2)
The rezoning request by the City. of Eagan, the preliminary subdivision and variance request by
Maplewood Acres were considered togei€iei. City Administrator Hedges provided an overview. Senior
Planner Ridley gave a staff report.
Jack Hoeschler, attorney represeitthig Maplewood Acres, raised a concern about the cumbersome
process of moving lot lines, especially if th,s;re:itiys> &eparatezvnings involved. He said that this creates
a significant impediment with respect to';iiidglo;s:::;lwptt tlmember Awada asked if it would be
possible to change the zoning according to the lot lines. Senior Planner Ridley explained the potential
impediment that could be created if a buyer needs to purchase more property, which could create the
need for a rezoning.
Mayor Egan stated that the City Council wants to create:a positive image along Yankee Doodle
Road and are not trying to create impediments. He sand .,k.- ritld be willing to waive rezoning fees and
expedite the process for a rezoning if possible,::.I4ili iese er noted that they would not resist the
rezoning of the perimeter lots, but they w4nL#o-ensure thwill have the ability to move the interior lot
lines without considerable delay.
Councilmember Awada asked if it would'lie:Aeci sigp.for the Advisory Planning Commission to
hold a public hearing for a rezoning due to a change in the 14i.,""es. City Attorney Sheldon stated that the
City Council could choose to hold the public hearing instead of the APC, but they would need to amend
the ordinance that requires the APC to hold a public hearing.
Mr. Hoeschler asked if a replat request to move an interior lot line could be considered on the
consent agenda. After consulting with Seniox-Fianner Ridley, City Attorney Sheldon said that a replat
could be done without holding a public hea;;t a �eiurtgwould require a public hearing.
Councilmember Blomquist stated'4%hat requists for lot line changes are common occurrences and
it is necessary for everyone to follow the:pWe process, but she added that the City Council deals with
these matters expeditiously.
Councilmember Wachter asked Abut ext'nca1iig'tfte'M' -de-sac of Challenger Circle to the east.
Mr. Hoeschler explained that neither Maplewood Acres nor the City owns the property that would be
necessary to provide that access. He said they are working on a variation to their plan that would achieve
that access and he further said they may need the City's support in acquiring the property from Stock
Lumber.
Councilmember Awada said she:H+•Aiits to see the'ii tiehor lots zoned to Business Park. Mayor
Egan stated he does not see any reason to'ilieny a reasonableUadjustment or a rezoning of that portion
of a lot that may need to be adjusted.
Councilmember Masin asked if si 3i#i:aspe the property and notices sent to
neighbors informing them of the proposed f�ezviiiit:' $�'Pianner Ridley stated that signs were posted,
many notices were sent, representatives of Maplewood Acres met with the residents of the Carriage Hills
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 17,1997
PAGE 7
Homeowners Association and a petition was received from those residents in support of the Business
Park rezoning.
Councilmember BIomquist move4i:C-9uncilmember Wachter seconded a motion to approve a
Rezoning of approximately 80 acres from:I'Asifted Industrial (I-1) to Business Park (BP) for property
located east of Lexington Avenue and north of Yankee Doodle Road (Eagandale Corporate Center).
Tim Kuehn, representing Skyline are proposing to develop a 300,000 square
foot corporate campus in the northeast comer of Lexington and Yankee Doodle and they want to reach an
understanding that this rezoning will notat#ct them adversely. Mayor Egan explained that this zoning
classification will help them. Mr. Hoeschler stated that the sale of the land by Maplewood Acres to
Skyline Displays may result in a plat with two separate zonings and he asked if this would cause a delay
because of the need for a rezoning.
City Attorney Sheldon stated thai:i:orelimi;!g plat approval determines the lot line for one
year. He added that during the process d.:ffie purcbOe agreement a new lot line could be established and
changes presented at the time of final plat.rd a reznnmg could also be requested at that time.
Councilmember Masin clarified thatshe,:w
.pq -tq,!kpproving this request because there are
only a few large pieces of land left in Eag4:�:W".gh these .:p. t� ' �mbent upon the City Council to
"
consider ese properties for possible City facilities. She said s- *he'
'was happy that Skyline Displays is
developing in Eagan.
A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Masin opposed)
Mr. Hoeschler stated that with respect to the
prarj plat they object strongly to staff's
recommendation that if there is a trucking be use....Ap! gO acres access to Yankee Doodle Road
.. .
should restricted. Director of Public M.
i that there was no need for restricting access
since the approved rezoning was changeA` -Limited Wustrial to Business Park.
C6uncilmember Wachter asked if there is
Road. Director of Public Works Colbert stated they would1fk .-ft. support and work with the applicant to
try and obtain the secondary access by the Stock Lumber driveway.
ess on the south to Yankee Doodle
Mr. Hoeschler wanted to ensure that if they come back with a plan to construct a road to the east
it would not be necessary for them to go through the preliminary discussion again. Mayor Egan stated
that could be accomplished between the preli#4npy and final plat.
Councilmember Blomquist moved:: I .. ..... seconded a motion to approve a
Preliminary Subdivision consisting of 12s on apprcNtimately 110 acres located north of Yankee Doodle
Road and east of Lexington Avenue in t4g:�W 1/4 of.5ection 11 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, B3, B4, Cl, C2, C3, C,4:D H1.
2. The property shall be plaM:'
3. Storm drainage runoff from Pond EP -2.3 in. ffie southeast corner of the site shall be
restricted to 5 cubic feet; &so
second(cf
4. The developer shall be of all wells and -septic systems in
accordance with County and City standards.
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 17,1997
PAGE
5. The developer shall be responsible for installing and maintaining erosion control
measures in accordance with the City Erosion/Sediment Control standards.
6. Tree preservation mitigatii ki shall be met through the implementation of perimeter
plantings (staff will work with the applicant to determine final tree mitigation amounts)
along Yankee Doodle Roaiaj' :bi .i qtf pc + 'eas in accordance with the proposed
phasing as described bel6i+v.
Phase I: Tree spading traktoplanting of material from within proposed
grading areas of the site to.areas outside of future grade limits (April/ May 1997)
Phase II: Additional tree spade transplanting of material from within
the site plus purchased landscape material installation (October 1997)
Phase III: The installation ;cit purch4o trees and shrubs (April/ May 1998)
7. Tree Protective measures;(i�e. 4 foot:pQlyethylene laminate safety netting) shall be
installed at the Drip Line.gr,at.lhe.perimetez.of the Critical Root Zone, whichever is
greater, of significant tr 1eerved.
The applicant shall contact the City Forestry Division at least five days prior to the
issuance of the grading permit to ensure compliance with the approved Tree Preservation
Plan,
9. Pond EP -2.6 (constructed detention basin ' fond EP -2.5 (existing wetland) must
provide a minimum of 2 AF of.additi(iti l: iviff,volume in total to achieve acceptable
treatment of storm water;:: #ie: ii lii u mean depth of Pond EP -2.6 must be 3 feet. The
increase in wet volume iii-tlie existing w4and must be accomplished by excavation in
the northern two-thirds of tlie:wi5 d-
10. Pond EP -2.7 (constructed detention basin1'liisFond EP -2.4 (existing wetland) must
provide a minimum of 3 AF of additional wet volume in total to achieve acceptable
treatment of storm water. The minimum mean depth of Pond EP -2.7 must be 3 feet. The
increase in wet volume in the existing wetland must be accomplished by excavation in
the southeastern two-thirds of the wetland.
11. Skimmers should be placed:q;i.: :Autfez:d-P-6ds EP -2.6 and EP -2.7.
12. The developer is requirec]:;tti notify d secure approval from the Corps of Engineers
regarding the Nationwide -26 wetland.permit, since the original application for the site
did not include proposals for wetla�dexcavation.
13. No grading should be aflow'i±'w'iff'M"i 0:f6�t:&f:the delineated edge of the wetland
associated with Pond DP -11, except for 450 lineal feet along the south end of the basin to
allow for road and detention basin/replacement wetland construction. A 30 -foot wide
undisturbed buffer shall also be preserved around the wetlands associated with Ponds
EP -2.4 and EP -2.5. Buffers shaf l ;be.marked on all grading plans.
14. Construction of Ponds DP•.;3 andDP Ishould be constructed to satisfy requirements
for wetland mitigation a Aiii the approved'i Hand replacement plan for this site.
Aye: 4 Nay: 1 (Councilmember Masirttpposed)
Councilmember Blomquist moved;:OHM. 1r:ikw:ada seconded a motion to approve a
Variance to the 100 -foot buffer setback requirement to allow building setback of 50 feet and
EAGAN CrrY COUNCIL MEETING MINUTES; JUNE 17,1997
PAGE 9
parking/ drive aisle setback of 30 feet from the County roads. Aye: 4 Nay: 1 (Councilmember Masin
opposed)
Mayor Egan stated that the City Cecil is granting a variance in order to create performance
standards and provide a better buffer. Cori�ieilmember Blomquist said that the City Council did a brave
thing with regard to downzoning this proprerty,.:;;:.:.:
LOCAL 'TAXY EVY'OPTIONS
City Administrator Hedges provi an overview on this item. Councilmember Wachter asked
what the impact will be on the MVTA's budget since the City of Rosemount has chosen not to levy the
transit tax. Councilmember Masin stated that some concern was expressed that the cities would not get
all of the transit tax if the Metropolitan Council collected the levy; however, she said the Metropolitan
Council has the authority to take any portion they want.
Councilmember Awada moved, C:quncilm4..... r Masin seconded a motion to approve the local
transit tax levy option for taxes payable iii:1- -%8. A5i:0::: 5 Nay: 0
PERSONNEL TTEMNOCTRICAL INSPECTIONS
(This item was pull4�6itiitl:lbi'e:. OAt:agenda for discussion)
City Administrator Hedges provided an overview on this item and commented that
Councilmember Wachter was consulted and it was also his recommendation that the State should
conduct the City's electrical inspections. Chief Building Official Reid noted that if the State conducts the
electrical inspections there will be no charge to the City and he -added that the City will no longer receive
any revenue from the issuance of the electrical permits.::Tg added that the revenue received by the
City does not exceed the expenses incurred:. ;Reid :�iritdicai2C1� that all of the issues have been addressed.
Dick Vitelli, West St. Paul City Council�.iex.riber aid Assistant Business Manager for the IBW
Union in St. Paul, stated that he was instruriieitt 1'6:':�ti'lp' Rick Bradley obtain the electrical contracts in
the cities of West St. Paul and South St. Paul. He aciited thf I?ert St. Paul and South St. Paul do not have
the luxury of all the raw land and development as does the'Uiy:tif Eagan and for them to retain any
portion of the electrical inspection fee he has a vested interest in the City of Eagan retaining Mr. Bradley
because the income generated from Eagan allows him to continue to inspect for West St. Paul. He further
added that if the City of Eagan contracts with the State the City will not receive any revenue. He noted
that with levy limits coming in from the legislature every bit of revenue helps. He stated that Mr. Bradley
had expressed an interest in negotiating the 80/. -Mo split of thie.electrical permit fees. He went on to say
that the State Board of Electricity will enfQK<*4�.�.ie:�atioMtak tical Code and will follow the State Board
of Electricity rules the same as Mr. Bra ft...4bes. 96*W that he understood some complaints were
received by some electrical contractors afitiiit permit fees being too high in Eagan. He indicated that the
permit fees charged by Eagan are the sariit:in West;% -:Paul and South St. Paul and are lower than the fees
charged by the cities of St. Paul and MuiietpQlis. ii:ged:the Council to reconsider this issue since it is
a source of revenue for the City.
Rick Bradley, Electrical Inspector for the City of Eagan, stated he was not consulted or informed
during the process the City was determining who should conduct the electrical inspections for the City.
He said he would have liked to have been consulted and given the opportunity to negotiate. He indicated
that he is required by the City to carry $2 millivtk02W . y insurance on completed operations. He said
he has a large number of jobs that are close:.4�x9dtp1etiQi :1s in some other stage. He noted that there is
an 18 -month period from the time the pet € ,'s issued uni3.k0rk must be completed. He stated there
would be no difficulty coordinating the woi3c with a new inspector and he was informed that all of the
permits as of July 1 would be turned ovO..VD the new inspectq:with him receiving a percentage of the
work that had been completed at that p41A He explaitted.thkthis process was not discussed with him
until yesterday regarding what will be 46'*K,
e:iq€t# tie i ut i... Mg permits. He stated that he only has
seven days to determine the status of eaci'iofttie pttipeifies wi regard to the 1,000 outstanding permits.
He asked if the new state contractor will be required to carry the same individual liability insurance
EAGAN CTTY COUNCIL MEETING MWUM; JUNE 17,1997
PAGE 10
protecting the City that he presently carries. He requested the City Council either allow him to finish the
permits he started and has insurance on or require the new contractor to maintain the same requirements
that were expected of him. He stated that he was willing to offer substantial concessions to the City with
regard to his contract which would provi0eapproximately $60,000 of revenue to the City. He
commented that he did not think the Statetiapector would be able to meet the same inspection schedule
he is able to maintain.
Mayor Egan suggested that this d'iii'i'thore dignified forum. Councilmember
Wachter commented that economics is orO'bne of the contributing factors in making this decision. He
added that Mr. Bradley only had a six-m«(#i contract and the City Council does have the right to
terminate the contract. He did not change his initial recommendation that the City of Eagan should
contract for electrical inspections with the State. Chief Building Official Reid stated that he did not
change his opinion either.
Councilmember Awada moved, I .yor Egan .Wonded a motion to approve a resolution
rescinding Ordinance No. 68 for estabIisf>;i g an Ele tical Inspector and to approve engaging the State of
Minnesota to provide electrical inspectioi :Services f' tlhe City of Eagan effective July 1, 1997. Aye: 5
Nay: 0
WESCOTT ROAD - NO PARKf K.T. OT KNOB ROAD TO TH 149)
(This item was pulled from the consent agenda for discussion)
City Administrator Hedges provided an overview on this item. Councilmember BIomquist raised
the concern about the impact to the residents. Director of Public Works Colbert explained that when
Wescott Road was constructed there should have been a resolution restricting on -street parking, but due
to an oversight no resolution was passed. He stated the#,it?itD(i`� requires this resolution be approved in
order for them to provide additional funding......
Councilmember Wachter said th�ta'fow-lane coiiiW" unity collector street does not provide any
room for on -street parking. He added that fte:las:iter seen Wescott being utilized for on parking.
Councilmember Blomquist agreed but stated that it-is:iitii:£t%i :to.change this designation without first
bringing it to the attention of the residents.
Michael Vincent, 3786 Windtree Drive, stated that it is a good idea to approve this resolution
because without it a safety hazard exists due to people assuming they can park on the street.
Marge Tilley, 1055 Wescott Road, explained that their concern is that they do not want the street
to be upgraded for the purposes of increa9-jtig:....:9eed;i for adding signalization. Director of Public
Works Colbert clarified that there will be:�io:;"iarig6::to '.W speed limit or signalization but rather the
policy will ensure that the City receives thi-hecessai'k.&nding from MnDOT to do an overlay.
Councilmember Blomquist mov�#;:iounciltember Wachter seconded a motion to approve a
Resolution restricting on -street parking as :P' j of Knob Road to TH 149 and authorize
the Mayor and City Clerk to execute all related cfociiiefrts: ' dye: 5 Nay: 0
LIEWPUSINESS
GRADING PERMIT, REQUEST FOXWAER, FROM CERTAIN REQUIREMENTS,
CAPONI ART-- A =;If:(AW.HONY CAPONI)
City Administrator Hedges pro% ii an overview oii.'. item. Mayor Egan asked for
clarification on the deviations being requested from the grading:pem-dt. Director of Public Works Colbert
explained that staff has not received an 4 lication yet; therefs , nothing has been reviewed and
approved. He added that staff is lookin`'.I`oF : q: v. 2 the City Council will be requiring.
$....•........; .
Councilmember Awada asked if the Ciq�.',' ecl� fi�-i� 4ft*'�tapplication. City Attorney Sheldon
indicated that the City Council can take whatever action they feel is appropriate. Colbert further
EAGAN CITY COUNCIL MEETING NMgT E.S; JUNE 17,1997
PAGE 11
explained that since Mr. Caponi brought in the grading plans absence a grading permit application, the
plans were only briefly reviewed and appeared to contain most of the information.
Mayor Egan said that the City Coin it should make the determination as to whether Mr. Caponi's
failure to acquire a grading permit was inAdvertent and, if the decision is made that it was inadvertent,
the City Council should determine what to ;chaxgehurt., City ;A�imuvstrator Hedges stated that Mr.
Caponi has been under the impression th#1h4d oii3tC :ware of the improvements he has been
making
Mayor Egan stated that he has nor been by Mr. Caponi's property without seeing at least 1,000
yards of fill a day being moved. He said he did not feel it would be appropriate to require Mr. Caponi to
pay a penalty, but rather he should pay whatever is reasonable for the staffs involvement. He further
said that he believes Mr. Caponi learned from this mistake. He commented on the trail of debris that was
left on Diffley Road and asked about the charge incurred for the clean up cost.
Tony Caponi stated that most of 14 City Coiucil was aware of what he was doing and that he
was trying to correct what happened to h s:�ropertX:a� a result of the widening of Diffley Road. He
added that he is trying to do something g oil for thti:66mmunity. He noted that he received the dirt/clay
from a licensed contractor and the contract Gttsed;e byhauling the dirt during the rain.
City Administrator Hedges commented that with regard to an approved subdivision a grading
permit is typically issued by staff administratively. He noted that since no approved subdivision is
involved in this case a grading permit by Council action is required. He added that staff suggested Mr.
Caponi apply for a grading permit because the amount of fill to be moved to construct the parking lot will
exceed the specified limits. He said that Mr. Caponi had req ue edthree waivers at the time of the
concept review with the City staff, which is what the City:t}iiic#1 is being asked to consider before
proceeding with the grading permit process..-..:.:
Councilmember Awada moved,
for waiver from a grading permit for An
in seconded a motion to approve a request
Caponi Art Park for the following:
1) The requirement for a begmning and eiitfirig date;
2) Requirement for the usual fees; and
3) The requirement for a financial guarantee or an abstractor's list of property owners
Aye: 3 Nay: 2 (Councilmembers Wachter and Blomquist opposed)
Councilmember Wachter told Mr. -5 awi;ute sh C :i e:! inking about the fact that at some time
in the future sewer and water will need #t: instairiider to accommodate the public.
FOOTING/FOUNDATION PERMIT, ROSEVILLE PROPERTIES
(EAG-!. J BU$Ird6S .COMMONS)
Councilmember Wachter moved; Coiiiiciinieiiiter' ii�va$a seconded a motion to approve a
Footing/Foundation permit for Roseville Properties to allow footing/ foundation construction to
commence on a warehouse on Lot 2, Block 1, of the proposed Eagan Business Commons subdivision prior
to final subdivision approval. Aye: 5 Nay: 0
PRELIMINARY SUBDIVISION& M:�:QREGORY & VALERIE RATHMAN
GVR ACR1%.* ::;:
City Administrator Hedges provj4*d an overview on tlris item. Senior Planner Ridley gave a
staff report.
Councilmember Wachter moved•,'Y.-tiiiteiriier $fbiiiquist seconded a motion to approve a
Preliminary Subdivision, including Variances to certain provisions of the Shoreland Ordinance and
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 17,1997
PAGE 12
Subdivision Code, consisting of ten lots on 15.2 acres for property located at 3760 Blackhawk Road in the
SE 1/4 of Section 17 subject to the following conditions:
General Conditions
1. The developer shall compjyy#h-tb.ese s.tAndArd conditions of plat approval as adopted
by Council on February
Al, B1, B2, B4, C3, D1, El, F1, G1, and H1.
2. The property shall be platted.
3. The final subdivision shall not be approved until the existing barn on proposed Lot 3 is
removed.
4. The Rathman Acres Prehpnnary Sxl#vision, approved by the Council March 18,1997,
shall be withdrawn priof final su#c#ivision approval.
5. All applicable R-1 and Sb*Fel'a*Ad-:PW#Aigmpg!standards shall be met including
setbacks and maximumrf
surface coverage.
Gradin/Storm Drainage
6. The developer shall be responsible for installing and maintaining erosion control
measures in accordance with the City's Erosiprk(Sediment Control Standards.
7. The developer shall ensure that:gfia:Wirg fir this development maintains current drainage
patterns of backyard area ..:'':aaJa &* t ioti:o
n Riverton Avenue toward Blackhawk Lake.
Water Ou ahtv / Wetlands
8. Water quality mitigation shall be satisfied fltrtiigh a cash dedication based on the area of
the development excluding the already developed lot (Lot 4).
Streets/ Access/ Circulation
9. The developer shall be responoble for revising.the existing roadway striping on
Blackhawk Road to accouWQ'A"'f:t*he -P
Skater Circle intersection.
10. Detailed plans and spe4ations f �iie construction of all retaining walls shall be
submitted for review at:tha time offtal plat approval.
11. The private driveway of 26 feet face-to-face with concrete curb
and gutter and bituminous s acing.ta"s'e"mient document shall be filed with Dakota
County which shall provide that there will be no change in the drive without City
Council approval.
Easements/Rights of Way/ Permits
12. Prior to final subdivislort'41ip'J""r, oval, the de".per shall prepare a conservation easement
to provide protection of riparian and adjacei upland areas along Blackhawk Lake and
Pond BP -1.2. The eases shall be subject to-T*view of the City Attorney. The area
covered in the easemenigiall extend of 100 feet back from the ordinary high
water level of Blackhaw9:ji4:-:':':'J'�'--:J0 The easement shall be recorded with
the plat.
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 17,1997
PAGE 13
Tree Preservation
13. Tree Protective Measures shall be installed at the drip line or at the perimeter of the
Critical Root Zone, whidl O r is greater, of significant trees/woodlands to be preserved.
14. The developer shall contact the City Forestry Division at least five days prior to the
issuance of the grading piit t tsii:ai}�$nce with the approved Tree Preservation
Plan.
15. Individual Lot Tree PreseVation Plans shall be submitted at the time of building permit
application for Lots 3 and 5 -10.
Parks and Recreation
16. Parks and trails dedicatit #t hall be fulfilled through a cash dedication for Lots 1- 3 and
5-10.
17. Per staff, trees and landscaping shaRbe planted south of the drive to act as a buffer
between the drive and the
Aye: 5 Nay: 0
REZONING, PRELIMINARY SUBDIVISION & VARIANCE - OPUS NORTHWEST, LLC
(LEXINGTON COMMERCE CENTER)
City Administrator Hedges provided an overvienii'tis item. Senior Planner Ridley gave a
staff report.
Councilmember Awada moved, CouncdmemberSlomquist seconded a motion to approve a
Rezoning of 2.7 acres from Agriculture to I= ial for Parcel No. 10-01100-010-25. Aye:
Nay: 0
Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve a
Preliminary Plat for Lexington Commerce Center in order to combine Lots 1-5, Block 5, Eagandale Center
Industrial Park No. 3 and Parcel No. 10-01100-010-25 into one lot (6.69 acres), and Lot 1, Block 1,
Lexington Commerce Center, located in the SE intersection of Lone Oak Road and Lexington Avenue in
the NW 1/4 of Section 11 subject to the followi$ Conditions:
Standard Conditions
1. The developer shall comply with the§e standard conditions of plat approval as adopted
by Council on February:;:X993:
Al, Bl, B2, B3,134; C1; C2; N1ii1;'Ei T1,G1, & H1
Tree Preservation
2. The developer shall install 42 Category A trees or 84 Category B trees or 168 Category C
trees as mitigation for the signifika7it:tW.and woodland removal in excess of allowable
limits.
3. The developer shall foR6 'Tree Protective m sures (i.e. 4 foot polyethylene laminate
safety netting) be installed•:at the Drip Line or_akthe perimeter of the Critical Root Zone,
whichever is greater, of:gnificant trees,(wglands to be preserved.
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 17,1997
PAGE 14
Water Quality
4. The developer shall contact the City Forestry Division at least five days prior to the
issuance of the grading peinut to ensure compliance with the approved Tree Preservation
Plan.
5. The developer shall meet`.'tN�*""' * . .... .
..... :. *.*I"e�nent requirements primarily through on-
qu
site ponding. A suppIeni6'iiU1'6ish'&* Aould be required to meet any shortfall in
on-site ponding.
Park Dedication
The developer shall be subject to a cash parks dedication.
7. The developer shall be subject to a cash trail dedication that shall be satisfied through the
construction of the trail aiiiag LexhV'*"*W*" n and Lone Oak Road.
Easements
m adjacent properties for any grading
The developer shall obtaiii ...
which extends beyond the limits of this property (proposed Lot 1, Block 1, Eagandale
Center Industrial Park No. 13).
9. The developer shall obtain private ingress/egress easement from Parcel 010-28 for the
proposed entrance from Lexington Avenue pKipi to final plat approval.
10. The developer shall obtain.goe am.'a'ge and ponding easement for the proposed
storm water basin in thei44�i:'m'e` "f the development from the adjacent property,
Parcel 010-28. This easeffient," incorporate the calculated high water level on the
storm basin plus three feet. % 7:
Aye: 5 Nay: 0
Councilmember Wachter moved, Councilmember Blomquist seconded a motion to approve the
40' Variance to the 100 -foot building setback when a Limited Industrial district abuts an Agricultural
zoning district. Aye: 5 Nay: 0
Michelle Foster, representing .-:that she would provide the City Council
with a list of the tenants that will be loca. In" the P*t"dihikidiniade Shoppes.
LEG1SLA7TYW.J.NT1tk AFFAIRS
City Administrator Hedges com6x.w' d'f*d members emrs of the City Council attended
V A I
the League of Minnesota Cities Conference in St. Cloud 7asf'week. He asked if any member of the City
Council is interested in serving on any of the AMM Policy Committees. He noted that Councilmember
Masin has expressed an interest in serving on the Local Government Advisory Council. Councilmember
Blomquist stated that if any member of the City Council chooses to serve on a committee they should
bring back all policy matters for the approval ..of.-.."!.:*""e.City Council.
Mayor Egan mentioned the upcoo'j -.''NOISE Co*'*e and requested that if anyone from the
public is interested in attending they shoiiidcontact the Admistration Office for information.
Councilmember Blomquist asked:fty. thesign Jd eAg'*' ll located at 3160pg rooms for rent is still
Pilot Knob Road. Senior Planner Ridley
the property owner and explained the
City Code and were assured by the property o**'*w'*"n*'e*"r"isKat' tiey will not exceed the allowable number of
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 17,1997
PAGE 15
renters. Councilmember Blomquist stated she was still concerned about the sign. Ridley said that rental
signs are allowed in residential zones. Councilmember Blomquist requested staff check the language of
the Sign Ordinance. Councilmember Wachter commented about another sign in the City. Ridley stated
that he would check into the matter.
[�D i..... tA'TYVEAGENDA
ALDRIN BIt#Q}$OSSING
Director of Public Works CoIbert:'PMvided abrief overview on this item.
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a
Resolution requesting and designating a public street railroad crossing for Aldrin Drive and authorize the
Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0
Michael Vincent, 3786 Windtree t0ve and
who live in the area of the Dart property.,
industrial type uses. He said the resident
the potential for parkland at that site and
Member, stated that he talked to 268 residents
KOtNDTABLE
was in favor of efforts to reduce
ng out if the City will be considering
City Administrator Hedges noted that Communications Coordinator Joanna Foote has been
working on the cable programming and it is now operablie- wifi: fhe exception of a few refinements that
have to be made. He added that staff will be meeting.wiffi ;tlte'City of Burnsville to explore some
collaboration between the two Communimtdi-.06idhiattsrs on ways to foster more cable programming.
He mentioned that it may not be necessaiy-ld'have a Specj4l City Council meeting on July 1 and he asked
for flexibility in determining whether or not:ttt% Ut�.one. die commented that the agenda for the June 24
Special City Council meeting is rather light so the g biro.uld not need to begin at 5:00 p.m. He said
that the City Council will probably begin to see more compits:iegarding the general maintenance of
residential properties and he suggested this be discussed at a future work session.
Councilmember Wachter commented on the update from Short -Elliott -Hendrickson regarding
the sewer and water rate studies and he suggested adopting some of the processes they suggest. He
mentioned that individuals who were serving for the City in the 1960's were at the last Historical Society
meeting and he said the interviews it will
Councilmember Awada comm
well done and should be distributed in
newsletter which states that Eagan's se
Hedges noted that the publication was
asked what the City's cost is for the nei
logo be added to the newsletter.
later date.
on the gan Business News newsletter and stated it was
places..She also commented about the story in the
tes are: 1nong the lowest in the area. City Administrator
� tec ; 61;��1.%a businesses. Councilmember Blomquist
suggested the Lone Oak Tree
Councilmember Masin stated that she would be circulating copies of handouts she received at the
LMC Conference. She mentioned that she attended -k uncheon at the Royal Cliff and saw a
demonstration of the Cairns IRIS thermal imaytei4t:: ::She ie suggested that the City Council might
want to consider giving money to the Fire.154 rtmenffdr.-f.b purchase of one. Councilmember Wachter
agreed.
Councilmember Blomquist statea4hat the Public Wor,Wi, '-ommittee recommended offering
residents along Blackhawk Road seed to:*rj e.' abl la:i '' : the boulevard area. Discussion
occurred regarding the reason for the de:04he sod. Councibnember Blomquist said
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 17,1997
PAGE 16
that if giving seed to the residents is not sufficient the issue may need to be re -addressed.
Councilmember Wachter said that they should be given enough seed to provide adequate coverage.
Councilmember Blomquist preseii(O4d some questions on the bill's list to City Administrator
Hedges. She asked if any member of the.{ Council would be attending the reception for School
District 191 Superintendent Jim Rickabau h and the Eagan Hockey Boosters event. Councilmember
Malin indicated she would be attending &1:-:-:-:-::-:-,-,."'... t?c .bX Supe tendent Rickabaugh. Mayor Egan and
City Administrator Hedges stated they w oiild-Waffeitt iiig'the ligan Hockey Boosters event.
Director of Public Works Colbert pvided a brief update on the oddleven sprinkling restriction.
He said that adequate water supplies have been maintained. He stated that 564 notification tags were
issued during the past two weeks. He gave credit to the Utility Department for their efforts and added
that the community's support is needed as well. Mayor Egan commended Superintendent of Utilities
Wayne Schwartz and the Utility Department employees.
�;:HEQC;GISTBR
Councilmember Wachter moved :Mayor Egg seconded a motion to approve the check register
dated June 12,1997 in the amount of $1,282A. Aye; , 5•,Nay.. 0
The meeting adjourned at 10:00 p.m. to an Executive Session. Present were Mayor Egan,. and
Councilmembers Wachter, Awada, Masin and Blomquist. Also present were City Administrator Tom
Hedges and City Attorney Jim Sheldon.
Date
City Clerk
MLK
If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of
Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535)..
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities,
facilities and employment without regard to raj: r—; O*j.-creed, relij im national origin, sex, disability, age, sexual
orientation, marital status or status with rega;a`: 'o-'P'i
EXHIBIT "A"
1997-1998 AMUSEMENT DEVICE LICENSE RENEWALS
1. Advance 'Carter Company::::,:X
American Amusement
850 Decatur Avenue N.
Minneapolis, MN 55427''"
2. Dahlco Music & Vending.::::::::
296 N. Pascal Street
St. Paul, MN 55104
3. Gary Starks
3125 Dodd Road
Eagan, MN 55121
4. Awe Vending & Amusemeritt
476 South Snelling Avenaup.:.:.::.:.:.:::.....
Suite #2
St. Paul, MN 55105
5. CDL
12322 Business Park Blouevard N.
Champlin, MN 55316
6. American Amusement Inc.
1416 Carroll Avenue
St. Paul, MN 55104 _
7. Theisen Vending
3800 Nicollet Avenue
Minneapolis, MN 55409
B. Mark Stubson
P.O. Box 4015
Hopkins, MN 55343
EXHIBIT "B"
1997-1998 SERVICE STATION LICENSE RENEWALS
1. Cedar Cliff Amoco
4600 Slater Road
Eagan, MN 55122
2. Cedarvale Texaco
3830 Sibley Memorial Highway
Eagan, MN 55122
3. Duckwood 66
3575 Pilot Knob Road
Eagan, MN 55122
4. Eagan E -Z Stop
...... .....
4195 Nicols Road
Eagan, MN 55122
5. Eagan Amoco
4205 Nicols Road
Eagan, MN 55122
6. Oasis Market #518
3390 Coachman Road
Eagan, MN 55123
7. Oasis Market #576
3150 Dodd Road
Eagan, MN 55121
8. Oasis Market #594
1286 Lone Oak Road
Eagan, MN 55121
9. Oasis Market #590
4250 Lexington Avenue...•.•.•.
Eagan, MN 55122
10. Holiday Stationstore
4595 Nicols Road
Eagan, MN 55123
11. Holiday Stationstore #247
3615 Pilot Knob Road
Eagan, MN 55122
12. Holiday Stationstore A.A8
1065 Diffley Road
Eagan, MN 55122
EXHIBIT "B"
Page 2
13. PDQ
4198 Pilot Knob Road
Eagan, MN 55122
14. Rudy's Sinclair
3946 Nicols Road
Eagan, MN 55123
15. Super America #4049
4200 East Highway 13
Eagan, MN 55123
16. Super America #4182
1406 Yankee Doodle Road
Eagan, MN 55121
17. Super America #4335 ....
1379 Town Center Drive::::::::
Eagan, MN 55122
18. Super America #4464
2250 Cliff Road
Eagan, MN 55123
19. Texaco Superstore
1579 Cliff Road
Eagan, MN 55122
20. Tom Thumb
1446 Yankee Doodle
Eagan, MN 55121
21. Tom Thumb
1815 Diffley Road
Eagan, MN 55123
............
Roc ...
22. Total
4206 Nicols Road
Eagan, MN 55123
.............
23.• Total
2000 Rahncliff Road
Eagan, MN 55123
24. Yankee Square Amoco
1424 Yankee Doodle Rodd
Eagan, MN 55121
25. McG's
1969 Silver Bell Road
Eagan, MN 55123
... .. ......
...... ....
Subiect to A np roval
MINUTES OF A SPECIAL MEETING
OF THE£AGAN CITY COUNCIL
Eagan, Minnesota
A special meeting of the Eagan City -Council was held on Tuesday, June 17, 1997 at 5:00 p.m. in
the Community Room at the Eagan Mupitipal Center Building. Present were Mayor Egan and City
Councilmembers Awada, Blomquist, Matin: -and Wachter. Also present were Fire Chief Jensen, along
with other members of the Fire Department including Dave Diloia, Mark Sportelli and Lowell Bahrke; also
present were Assistant to the City Administrator Hohenstein, Park Planner C.J. Lilly, Director of Parks and
Recreation Vraa, Director of Public Works Colbert and City Administrator Hedges.
PROPOSED FIREAOMINISTRATION BUILDING PROJECT
City Administrator Hedges stated.-ifiat the :# blic Works Committee, at the direction of the City
Council, met on two occasions, May 19 4ni'd June 3�:i6 discuss the proposed Fire Administration Building
Project. He stated that at the first meeting.:ttie;:cQmmittee :did, a fact finding with the Fire Department
Building Committee to evaluate why the ttinitig::fQlllr:a►i=is:ricessary and if it was possible for the City to
construct a Fire Administration Building with'tlie'•tisserrierif'd.ftd'first floor components and eliminate the
second floor training facility. He stated that after a review by the committee, it was determined that the
fire training room facility would be an important function for the Fire Administration Building and that
direction was given to look at possible revenue sources such as cable franchise fees. The City
Administrator further stated that at the June 3 Public Works Committee meeting, it was reconfirmed by the
committee that the second story addition would be desiraLWe:lots variety of training needs and that cable
franchise fees should be given consideration by..the;;f€ytiiricil as a revenue source for funding the
second story addition.
City Councilmember Blomquist staW::that as a member of the Public Works Committee, she is
convinced that the space is necessary fortr8itiing pmad5:and further if the City is planning to retain its Fire
Department as volunteer, a training facility is necesi�r'.i#5t:quncilmember Wachter, the other member
of the Public Works Committee stated that the commitiddls::f6commending the use of cable franchise
fees as a revenue source to increase the budget from $1.5 million. to $1,935,502. Mayor Egan asked if
the committee had developed any criteria as to which is most desirable as a revenue source for increase
in the budget, cable fees or the Community Investment Fund. City Councilmember Wachter stated that it
is the committee's recommendation that the cable fees be utilized as the revenue source. City
Councilmember Blomquist stated that all departments, specifically Police and Fire could utilize the second
story addition as a production studio for pmiiigng a.y.anotyiV topics that would be of interest to the
viewer on Channel 16.
City Councilmember Masin stated that she if'supportive of the second story addition and asked
the architects if in fact the concept as printed is pd
1he original design? David Kroos, representing the
architectural firm of Boarman, Kroos, POiA�r; .V :fid::Associates stated that the plan is very similar to
the original design with some reduction i::a:;fci�pi;:::it}? Councilmember Masin stated that she is
in support of the committee's recommendation, including use of cable funding.
City Councilmember Awada stated that construction time is essential and should be coordinated
by the architect in order to project a cost savings by avoiding any winter construction. Mayor Egan stated
that he supports the project and findings of thg....... pihtte;further stating that having ample training space
for the volunteer Fire Department is essentidir:::..'.::::::::::::::::::::::::
After further discussion, the Citiid#ninistrator was"i�iiected to include as a consent item for the
July 1 City Council meeting, authorizatipa of the firm Boarrngo, Kroos, Pfister, Vogel and Associates to
prepare final plans and specifications 6M;: further, that actiOi ::Pe given consideration on a construction
financing plan for the proposed Fire Adriiiili3iigct.
Special City Council Meeting Minutes
June 17, 1997/Page 2
PROPOSED SLATER ROAD SIDEWALK PROJECT
Director of Parks and Recreatiort:Vma stated that the City Council approved the construction of a
sidewalk on the west side of Slater Road:*om the Burnsville corporate boundary to Wall Street during
August, 1996. He further stated that fini' f6rection from the City Council was to install the sidewalk from
the Burnsville boundary to Wall Street the sidewalk which is in Burnsville was
1.
also on the west side and, further, to meet:+ I ft:#*; :i f ii dents to determine on which side the trail
should be located. Mr. Vraa stated that there were a number of questions raised by neighbors regarding
the location of the sidewalk and trail dugftgJhe fall of 1996 and, as a result, the City Council directed an
informational meeting with the affected:4*ikents. Director of Parks and Recreation Vraa stated that a
meeting was held in May 28, 1997 with the neighborhood. He stated that suggestions presented by the
neighbors range from no trail to a trail on the west side, trail on the east side to a trail painted on the
street. He stated that due to the increased traffic and the concern about pedestrian movement to the
Super America and other commercial shops located at the intersection of Slater Road and Cliff Road an
off-street trail is strongly preferred as a utter of public safety. He further stated that ample right-of-way,
80 — 100 feet does exist allowing prop.er setba&::from the curb for a trail. Director of Parks and
Recreation Vraa stated that staff is askiMo the Cit .. -:.;Council what additional information they needed in
order to make a decision at the July 1 mi;ieiting?
City Councilmember Blomquist FcediFiicfa Si#o ia€:Iter Road would have the most affected
lots. Director of Parks and Recreation Vrai3'sif2d tfiaf itie'riu'mber of lots with driveway access are about
equal on both sides of Slater Road where the trailway is proposed. City Councilmember Wachter stated
that he favors the west side because there are more homes in that subdivision to the west of Slater Road
allowing for less people to cross Slater Road to access the off-street trailway.
Mayor Egan stated that most of the calls that he. bas:tOpeived are from residents objecting to the
trailway being placed on the east side of Slater Road::::le: #:ii#lier stated that this is very discretionary and
the City Council will have to make the:.1)0f::�die#e�rti ination based on -existing information. City
Councilmember Awada questioned start ar't3s-'for sideWe lks and trails, especially the width stating that
sidewalks in many suburban and core' cities::ate four feet in width. Director of Public Works Colbert
explained the rationale for a setback of eigti4 fee} iFgfwthe curb and the six foot trail width. Mayor Egan
stated that he would like a trail width and setback tfiat:i�clitdes safety measures. He stated that the City
has been consistent during the past 18 years in its enfordO&lic$ritand maintenance of favorable standards.
City Councilmember Awada stated that she likes sidewalks and trails, however, would prefer the City
Council consider a reduction in the width of the trail and/or setback. City Councilmember Blomquist
stated that trails and sidewalks should be installed along with the streets minimizing this type of
controversy. She stated that retrofitting an existing subdivision should be given special consideration
and, therefore, a reduction in the trail width and setback from the curb may have to be given some special
consideration. City Councilmember Masin.st; 003hat she:wq Id suggest a six foot setback from the curb
with a six foot trail. Director of Parks an #tecre2�fl0rt:yfea 4Wfed that the City has a six foot standard for
sidewalks to accommodate the variety:ii€msers aid iefght feet for bituminous trails. He provided some
history regarding the rationale for those dimensioria: Mayor Egan stated that he could not support a
change in either the width of the trail gf:S0tbacks::f - the reasons discussed which is primarily safety of
mixed users including joggers, bicycles;:si5r:.pl$¢ils:�nd:gther .use trails are receiving in the 1990's.
City Councilmember Awada suggested closing'$later. Road, therefore, eliminating the need for
sidewalks or trails. City Councilmember Masin stated that the road is an important link to both the cities
of Burnsville and Eagan, bringing neighborhoods together that are located within Independent School
District #191. Mayor Egan stated that Slater Road is necessary as a secondary outlet and is the reason
the roadway was approved as a connection betweerr:the.two communities. City Councilmember Wachter
stated that the street connection and neat#; fz>F;Ig::i':n important and consistent part of the City's
vision and safety is the main consideratiQrr
Special City Council Meeting Minutes
June 17, 1997/Page 3
CAPTAIN DODD PARKILEAD CONTENT AWARENESS
Director of Parks and Recreation Vraa stated that he received notification from the Minnesota
Pollution Control Agency that lead contziiiinated soil was found on the very eastern edge of Captain
Dodd Park. He stated that the soil came '06 iih the adjoining property to the east which is formerly used as
a site where car batteries were broken up;. hence the lead fragments and soil contamination. He stated
that the State Health Department believe;; are in a relatively small area where the
terrain restricts access and use.
Along with City Administrator Hods, the Director of Parks and Recreation suggested that a
letter be sent to residents adjacent to Caprin Dodd Park and that a meeting be scheduled for Thursday,
June 26, allowing residents an opportunity to understand the issues and ask any pertinent questions.
Director Vraa stated that the issue may be emotional to some people, despite the limited health risk in the
park, if the City doesn't say something and the residents find out later, they may think we are hiding
something. Director of Parks and Recreation Vrea also stated that this issue has been submitted to the
VIC program. City Councilmember BlorYigl�ist asked:4about methods to prevent runoff once the clean-up
begins. Director of Parks and Recreation::Vsaa statidihat Gopher Resources has purchased the property
and intends to do a clean-up and then a9p:the sits::::This will eliminate any runoff toward Captain Dodd
Park.
Mayor Egan thanked the City Ad#tiiri5tttCacid:teg#4:of Parks and Recreation for their update
and notification to the City Council. The City Council agreed with the process in notifying adjacent
residents including State Representative Pawlenty whose residence is near Captain Dodd Park.
OTHER BUSINESS
There being no Other Business, the meeting was;ad* ed at 6:25 p.m.
TLH
Secretary
City Clerk
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEM 3ERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: JUNE 26,1997
SUBJECT: AGENDA INFORMATION MEMO FOR THE JULY 1, 1997
EAGAN CITY COUNCIL MEETING
"OPT AGENDA/APPROVE MINCTES
After approval of the July 1, 1997 City Council agenda and the regular City Council meeting
minutes for the June 17, 1997 regular Council meeting and minutes from the June 17 special City
Council meeting, the following items are in order for consideration.
EAGAN CiTY COUNCIL MEETING
JULY 1, 1997
DEPARTMENT HEAD BUSINESS
A. CONSIDERATION of second sheet of ice/Mighty Ducks Grant
This item has been placed on the Agenda as a means of informing the public that the City
has received grant funds for a second ice sheet. No action is required by the Council at this
time
On Monday, June 23 the City was notified that it was awarded an additional $125,000 in
grant funds from the Minnesota Amateur Sports Commission in the latest round of "Mighty
Ducks" ice arena construction funds. Combined with a previous award of a similar amount,
that brings the total construction funds awarded to the maximum amount of $250,000.
In addition, arena construction projects that receive grant funds are also sales tax exempt.
This results In additional savings of an estimated $60,000.
The Eagan Hockey Association previously paid for the development of a schematic design
and cost projection for a second ice sheet that would be adjacent to the existing Civic
Arena. The projected cost for the building is $2.1 million. Dedicated contributions from
the Hockey Association, borrowed funds to be paid back from revenue proceeds from the
operation of the facility, and the Mighty Ducks Grant will combine to finance the project.
As the City Council has previously directed, there will be no infusion of tax dollars from the
community for the construction of this facility. Borrowed funds will be paid back over a
period of twenty years from revenue proceeds from the operation of the facility. In effect,
user fees will pay for the construction costs and operational costs.
It's anticipated that the second ice sheet will open October 1, 1998, if approval is given to
proceed with the project. This date coincides with the "Prime Season" of ice demand
thus maximizing the revenue needed to pay the "mortgage". A time line based on the
October 1 opening date would mean the project would be out for bid in late December or
very early January. Final approval of a building plan would be required by late September
in order to proceed with construction plans and specifications.
FUTURE COUNCIL ACTIONS:
In order to proceed with the second ice sheet (Civic Arena - East) there will be a number
of approvals required. These items will be placed on future Council agendas including:
1. Designation and approval to hire an architect.
2. Authorization to accept the Mighty Ducks Grant funds and to enter into a
contract with the State of Minnesota regarding the expenditure and use of the
funds.
3. Final approval of a financing plan.
4. Completion and approval of a site master plan for the Municipal Center
Campus.
Agenda Information Memo
July 2, 1997 Eagan City Council Meeting
CONSENT 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. Resignation/Part-time Building Maintenance Worker --
ACTION TO BE CONSIDERED:
To accept the resignation of Elizabeth Riel as a part-time Building Maintenance Worker.
Item 2. Part-time Building Maintenance Worker—
ACTION TO BE CONSIDERED:
To approve the hiring of Richard Johnson as a part-time Building Maintenance Worker.
Item 3. Part-time Seasonal Skate Guard—
ACTION TO BE CONSIDERED:
To approve the hiring of Paul Whiseand and Karl Ulfers as part-time seasonal Skate Guards.
Item 4. Part-time Seasonal Civic Arena Supervisors --
ACTION TO BE CONSIDERED:
To approve the hiring of Aaron Fitzloff and Aaron Hunter as part-time seasonal Civic Arena
Supervisors.
Item 5. Seasonal Street Maintenance Workers—
ACTION TO BE CONSIDERED:
To approve the hiring of Ben Anderson and Jeff VanOverbeke as seasonal Street Maintenance
Workers.
3
Agenda Information Memo
July 2, 1997 Eagan City Council Meeting
PERSONNEL ITEMS CONTINUED:
Item 6. Seasonal Park Maintenance Worker—
ACTION TO BE CONSIDERED:
To approve the hiring of Ryan Newmann as a seasonal Park Maintenance Worker.
Item 7. Part-time Seasonal Preschool Program Instructor—
ACTION TO BE CONSIDERED:
To approve the hiring of Judy Forde as a part-time seasonal Program Instructor.
Item 8. Summer Seasonal Intern—
ACTION TO BE CONSIDERED:
To approve the hiring of Jim Renneberg as a seasonal intern in the Planning Division.
Item 9. Part-time Seasonal Basketball Official/Referee—
ACTION TO BE CONSIDERED:
To approve the hiring of Michael Mootz as a part-time seasonal Basketball Official/Referee.
Item 10. Part-time Seasonal Recreation Leader—
ACTION TO BE CONSIDERED:
To approve the hiring Meghan Doherty and Jake Groff as part-time seasonal Recreation Leaders.
Item 11. Part-time Seasonal Recreation Assistant—
ACTION TO BE CONSIDERED:
To approve the hiring of Damon Johnson as a part-time seasonal Recreation Assistant.
Agenda Information Memo
July 2, 1997 Eagan City Council Meeting
B. AGREEMENT/COST PARTICIPATION AND INDENINIFICATION
ENVIRONMENTAL REMEDIATION, 855 LONE OAK ROAD
ACTION TO BE CONSIDERED:
To approve an agreement between the City and RPMC Development Company and Terminal
Eagan III for an equal participation in the costs of remediation of contaminated soils at 855 Lone
Oak Road in the Highway 55 redevelopment district.
FACTS:
• The City is acquiring residential properties on Lone Oak Road for redevelopment and
incorporation in the Eagan Business Commons Development at the intersection of Lone Oak
Road and Highway 55. During the acquisition of the Celeste Straw property, 855 Lone Oak
Road, the seller disclosed that there had been a fuel oil spill as a result of a ruptured heating
oil tank in the basement of the home in 1992.
• The City performed a due diligence investigation and determined that the Minnesota
Pollution Control Agency had been informed of the spill and that acceptable remediation of
its impacts had been conducted such that the MPCA file had been closed on the matter.
Because a closure of such files does not eliminate responsibility for subsequent owners, the
City contracted with Barr Engineering to conduct soil testing at the site.
• The soil tests indicated that the areas of potential contamination from the spill showed no
residual contamination. A core sample which was taken from beneath the oil tank, however,
showed levels of Diesel Range Organics (DRO) which are considered to be contaminated but
not hazardous. As such, they will need to be managed consistent with MPCA guidelines at
the time of the demolition of the basement. While the extent of the contamination cannot be
determined until the demolition occurs, the absence of contamination in the other samples
which were taken suggests that it is limited to a small area. With this qualification, estimates
for management and remediation range from $2,000 to $5,000.
• The tax increment development contract with Roseville Properties anticipates that the
company will be responsible for preparing the site for redevelopment including building
removal, based on demolition, well closing and septic remediation and general grading. The
contract did not anticipate remediation of contaminated soils. As such, staff will negotiate an
agreement with the developer to participate in the cost of remediation on a 50150 basis. These
costs are eligible for repayment through the tax increment proceeds for the site.
ISSUES:
• While the presence of contaminated soils increases the costs of redevelopment of the site, the
estimated risk is relatively limited. The access road for the development will be located
immediately over this property and it would be unreasonable to acquire other homes in this
location without acquiring all of the homes.
S
Agenda Information Memo
July 2, 1997 Eagan City Council Meeting
ATTACHMENTS:
Agreement on pages —T through 10--
L
AGREEMENT
This Agreement is made and entered into tlusgj�day of . 1997, by and
between RPMC DEVELOPMENT COMPANY, LLC,.a Minnesota limited liability company. and
TERMINAL EAGAN RI, LLC, a Minnesota limited liability company, (collectively r+ef=ed to as
"Developer"), DANIEL P. COMMERS (hereinafter "COMmers") and the CITY OF EAGAN, a
Minnesota municipal corporation (hereinafter the "City").
WHEREAS, Commers and City entered into a Development Agreement relating to Tax
Increment Financing District No. 3 (hereinafter the "Development Agreement"); and
WHEREAS, Commers has assigned his interest in the Development Agreement to
Developer; and
WHEREAS, Pursuant to the Development Agreement, the City agreed to acquire certain
properties and convey said properties to Developer under the terms set forth in the Development
Agreement; and
WHEREAS, under the terms of the Development Agreement, Developer is generally
responsible for any and all construction activity upon the properties, including the demolition of
buildings; and
WHEREAS, the City and Developer have discovered that the following properly may be in
need of environmental remediation:
All that part of SE 1/4 of SE 1/4 of Section 2, Township 27, Range 23, Dakota County,
Minnesota described as follows:
Commence at the SE corner of Section 2, Township 27, Range 23; thence
West along the South line of said Section 2 for 636.3 feet to the point of
beginning of this description; thence North at right angles for 118.7 feet;
thence Southwesterly for 101.3 feet; thence South for 103.8 foet to the South
line of said Section 2; thence East along the said South line of Section 2, for
100 feet to the point of beginning.
(hereinafter referred to as the "Property")
9
WHEREAS, the City has agreed to participate in the cost of said remediation, upon terms
and conditions set forth herein,
NOW, WHEREFORE,, in consideration of One Dollar ($1.00) and other good and valuable
consideration, the roceipt and sufficiency of which is hereby acknowledged, the City and Doveloper
agrees as follows:
1. The Developer shall retain an engineering company to undertake remediation of the
Property. The City and Developer shall share equally in the actual cost of
environmental remediation as it relates to the Property.
2. That upon completion of said environmental remediation, the City and Developer
shall acknowledge, in writing, clean-up work performed and costs associated
therewith.
3. '17hat upon presentation of the final remediation costs, each party shall promptly pay
its proportional share of the remediation costs.
Dated: 1; 2 , 1997
Dated: , 1997.
RPMC DEVELOPMENT COMPANY, LLC,
a Minnesota limited liability company
LIM
TERMINAL LAGAN TTI, LLC,
a Minnesota limited liability company
By:
Its: .c
F!j
Dated:
STATE OF MINNE=SOTA)
)ss.
COUNTY OF DAKOTA )
1997. CITY OF EAGAN
By:
By:
Thomas A. Egan
Its: Mayor
E. J. VanOverbcke
Its: Clerk
The foregoing instrument was acknowledged before me this 90' day of tu. ,
1997, by %jWjfi P C ntAers , the Chief Alaftd?P of RPMC
Development Company, LLC, a Minnesota limited liability company, on ehalf of the limited
liability company.
+ ULJA D. WADCOUNT
Ml pian �M , !1,1000
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this 49day of
1997, by U6[w ei P. rs . the Ch of Terminal
Ragan III, LLC, a Minnesota limited liability company, on behalf of the limit liability company.
am D. "i![tfl►
' W1' V PUBLIC - MINNESOTA
DAKOTA COUNTY
My onabdN E*W A& !1, !000
3
SENT BY: 6-25-97 ; 15:14 ; SEVERSON SHELDON-# 612 681 4612;9 2/ 2
STATE OF MWNkSOTA)
}ss.
(AUNTY OF DAKOTA )
The fqtgoing inst=ent was admowledged before me ft - day of
1997, by Thomas A. Egan and E. I Venovcrbelae, the Mayor and Clerk of the City of F08an, a
Minnesota municipal corporation, on behalf of the corpomtion.
THIS INSTRUMENT WAS DRAFMD BY:
SEVERSON, SHEL.DON, DOUGHERTY
& MOLENDA, P.A.
7300 West 147th Street, Suite 600
Apple Valley, MN 55124
(612) 432-3136
RDB
Notary Public
4
io
Agenda Information Memo
July 2, 1997 Eagan City Council Meeting
C. TRANSFER OF PROPERTY 855,845,835 AND 821 LONE OAK ROAD
TO ROSEVILLE PROPERTIES, HWY 55 REDEVELOPMENT DISTRICT
ACTION TO BE CONSIDERED:
To approve a transfer of property at 855, 845, 835 and 821 Lone Oak Road, acquired as a part of
the redevelopment activity associated with the Highway 55 redevelopment district to Roseville
properties and its successors, RPMC Development Company, LLC and Terminal Eagan III,
LLC, common developers of the Eagan Business Commons.
FACTS:
« Part of the development program for the Highway 55 redevelopment tax increment district
involves the acquisition and assembly of residential properties on the north side of Lone Oak
Road at Highway 55 for incorporation in the Eagan Business Commons Development. The
City has acquired the four properties which are reflected in the final subdivision to be
considered below. They are being transferred to Roseville Properties and its successor
development companies under terms of the tax increment development agreement for the
site. The City is in receipt of a letter of credit from the developer to cover the costs of
acquisition in the event that the project does not move forward. Other conditions of the
agreement will be finalized upon approval of the final subdivision.
Upon completion of the Eagan Business Commons project, estimates indicate that sufficient
proceeds will be generated not only for the redevelopment activities associated with this site,
but also further redevelopment activities elsewhere in the district, including redevelopment in
the Airliner Motel area and potential transportation improvements.
ATTACHMENTS:
« Property deed will be included with Additional Information on Monday.
Agenda Information Memo
July 1, 1997 Eagan City Council Meeting
D. FINAL SUBDIVISION (EAGAN BUSINESS COMMONS)
ROSEVILLE PROPERTIES
ACTION TO BE CONSIDERED:
> To approve a Final Subdivision (Eagan Business Commons) consisting of four (4)
lots on 26 acres located at the northwest corner of Lone Oak Road and T.H. 149 in
the SW '/4 of Section 2.
FACTS:
> The proposed subdivision (Eagan Business Commons) consists of 4 lots. The City
Council approved a footing and foundation Lot 2, Block 1 at their meeting on June
17, 1997.
> The proposed public street through the subdivision, Commers Drive, extends from the
signalized T.H. 55/149 intersection on the north to Lone Oak Road on the south.
Dakota County approved this access onto Lone Oak Road as a right in/right out only
intersection.
> The City Council reviewed and approved the preliminary subdivision for Eagan
Business Commons at their regular meeting on April 15, 1997.
> Final plans, development contracts, and financial guarantees are in order.
BACKGROUNDIATTACHME NTS :
> Final subdivision plan, page 43
lM1F°••1
w
e
- N
�rs^ y
y1 sy CD C R ., in e� ✓! Im
SP^ r �h .R_ O� Cp Iar`,rr , ; - .. / -�' [ .O� • `, t
09wt,
•a. \�\ wr,s'pw .
l..•j � � _�i �^.vya+ Vf 1y �.:v�,l�"S►•60.[85 �... � . ..�14x `....°asaw�e y a u��..: , v:
�� L �—�• �Y�i�� ._ 1YM .• � ,rYJ .LL�Af. �\_�♦�•.. �.1M •' .Qf,;; .O_ lV A lcac: .t �•.�'
7
99'56!3AFO��.« p 80YL SS�dI•
3,Oi,[l•BZS •..... :. Sf'L8/ `R hq 4g..,r.he.� _.. f .Li,9/. Y85 ''. n Yq\ :\•�'., a m
I � `':�1/.60•LBN:'l.'v,_� •? .��r - - ti�,p•'�� I w� `'� :'�.�°i4o�S,,\''rhS.°` �R ��oq. `'°
M.00, iZ.8l5 eo e.^• .. .:. �e,�ocF` till e. h�` py ny .9F�q. :\�"�i: 30 .�
SLY ��;rF .i ��I+r �'�e° n r w M K^ �!q •�'�•ilg,�` �, \ '� �"'\
JN
get
.. `Ct . :94 � � I^ ` � err^ II � •'!
L
•mea O � an*an u.Vn • n..rro� °
L--
a= R
I -----------.a JI ?
di •. b o s` ' - ji pp — — 2z W.- rt
�w ` ; � � i i. a` •I�' e�Jf + s.. � 1 lLf.6l,pt 1 I7 �
Na
/1:giE �t S
�—�,rrar, uun. x..rb
m �
.c
>, `e o
` r 8 N : Z , •` e8i4 t II r
WAlr-
il
In
d Q o° 'S' • •� 1• f _
moi¢ � '',,: r a � � �� ijg ••9- ��
• � d
In
�jr,
Sa-
>\
a
oI
e
Agenda Information Memo
July 2, 1997 Eagan City Council Meeting
E. CONTRACT, DAKOTA COUNTY HOUSING AND REDEVELOPMENT
AUTHORITY, ACOUSITION OF LAWRENCE AVE. & LINDE LANE PROPERTIES
HIGHWAY 55 REDEVELOPMENT DISTRICT
ACTION TO BE CONSIDERED:
To approve a contract between the City and the Dakota County HRA for the acquisition of the
Lawrence Avenue and Linde Lane properties for incorporation in a commercial redevelopment
associated with the Highway 55 redevelopment tax increment district.
FACTS:
• At its meeting of May 19, at the request of the residents in the Airliner Motel area, the City
Council authorized preparation of an agreement between the City and the Dakota County
HRA for the acquisition of the Lawrence Avenue and Linde Lane residential properties. The
contract has been prepared and is in order for approval by the City Council.
+ The contract has similar terms and a not to exceed cost of $7,5000 like the Lone Oak Road
agreement. This contract involves the acquisition of the same number of properties and,
based on the Lone Oak Road experience, may result in costs less than the contract maximum.
* With the acquisition of the Lone Oak Road properties nearly complete, the HRA is available
to begin meeting with the Airliner Motel neighbors to move forward with these acquisitions.
+ Staff understands that the Kor family and the Imre family are postponing submission of
applications for development until the acquisition of the homes has begun.
ATTACHMENTS:
Agreement on pages _- + through .
AGREEMENT
THIS AGREEMENT, entered into this day of July, 1997, by and between the City of Eagan
(hereinafter referred to as the "City") and the Dakota County Housing & Redevelopment
Authority (hereinafter referred to as the "Contractor")
WHEREAS, the City is undertaking a project involving the acquisition of certain parcels of real
property described in Exhibit A attached hereto and subsequent relocation of the occupants
thereof, and
WHEREAS, the City desires to obtain professional services to assist it in carrying out this
acquisition and relocation in accordance with applicable State and Federal laws; and
WHEREAS, the Contractor has qualified personnel available to provide these services:
NOW, THEREFORE, the parties do mutually agree as follows:
I. Contract Terms:
A. The Contractor listed is an independent contractor and not an employee of the
City.
B. The Contractor acknowledges that the City does not carry insurance on behalf of
the Contractor. The Contractor must provide proof of liability insurance.
C. The Contractor will provide its own medical insurance and Long Term Disability
insurance. The Contractor will provide workers' compensation for its employees
in accordance with state law.
D. No benefits will be provided to the Contractor and no reimbursements will be
made for expenses incurred by the Contractor or its employees, other than as
specified herein.
E. Payments will be made for services provided as described in Section III.
A. Compensation and B. Method of Parent below.
F. This contract may be terminated at any time by a fourteen day written notice by
either the City of the Contractor. Payments for services rendered but not yet
invoiced would be made as of the termination date..
H. Scope of Work
A. Air uisition Services. This shall consist of professional services to
complete the acquisition of real property in accordance with State and
Federal law. Among the services to be provided shall be:
1) Procurement/Coordination of procurement of an appraisal for each
property to be acquired, and ensuring that the appraisal meets
professional standards.
2) Preparation of an Offer to Purchase and presentation of the offer to
the property owner.
3) Advising the property owner of their rights and responsibilities in a
transaction with a governmental body.
4) Negotiation of the fav market value of the property to be acquired
and the terms of sale with the property owner.
5) Advising the City regarding an acceptable fair market value for the
property to be acquired.
6) Obtaining necessary title information and arranging for closing on
acquisition of the property.
7) Procurement/Coordination of procurement of surveys,
environmental analyses, or other professional services necessary for
the property transfer.
8) Preparation and maintenance of all necessary documentation
regarding the property transaction.
9) Coordination with City staff, contractors, and other governmental
bodies as necessary to accomplish the overall objectives of the
acquisition project.
B. Relocation Services This shall consist of services to accomplish the relocation of
owner occupants and/or tenants of acquired property in accordance with State and
Federal laws.
These services shall include:
1) Preparation and delivery of all necessary notices and information to
be provided to persons to be relocated.
2) Interviews with persons to be relocated to obtain and disseminate
necessary information for completion of the relocation.
3) Research, identification, and inspection of comparable replacement
housing for persons to be relocated.
4) Advising and assisting persons to be relocated in locating and
selecting replacement housing.
5) Determination of the amount of and preparation of claims for
relocation benefits, including replacement housing benefits, moving
allowances, and incidental expense reimbursement for persons to be
relocated, and recommendations to the City regarding payment of
these benefits.
6) Preparation and maintenance of necessary documentation regarding
each relocation claim processed.
/(0
C. Stan ds The standards to be followed in carrying out the acquisition and
relocation services outlined above shall be those set forth in 49 CFR Part 24, the
Uniform Relocation Assistance and Real Property Acquisition Regulations for
Federally Assisted Programs (the Uniform Act), HUD Handbook 1378 and related
Notices, and Minnesota Statutes Chapter 117.011 - 117.56.
D. Time of P rforman a The services of the Contractor are to commence on the date
this Agreement is approved and shall be undertaken and completed in such
sequence as to assure their expeditious completion to accomplish the purpose of
this contract. The contract shall terminate on Dectember 31, 1997. Extension of
the time of performance may be made upon written agreement of both parties.
III. Cost of Services
A. Compensation. Compensation shall be based on an hourly rate of Forty and No
One Hundreds ($40.00) Dollars per Hour, plus reimbursement for mileage driven
in carrying out the services at a rate of $.315 per mile driven. Total compensation
paid to the Contractor under this Agreement shall not exceed Seven Thousand,
Five Hundred, and No One Hundred Dollars ($7,500.00).
B. Method of Pa en . It is expressly understood and agreed that in no event will
the total compensation and reimbursement, if any, to be paid hereunder exceed the
maximum sum of $7,500.00 for all of the services required. The City will make
payments to the Contractor no more frequently than once monthly based on
invoices received and services performed; authorized payments will be
made within 30 days of receipt of invoice.
C. Other Cosmo. The City shall pay directly the costs of any other professional
services deemed necessary by both parties to this agreement to accomplish the
scope of services described herein. Such costs might include, but not be limited to,
appraisal fees, legal fees, survey fees, costs of title opinions, and closing costs.
IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement as of the
date first above written.
City of Eagan
By:
Its:
11
Dakota County Housing and
Redevelopment Authority
L0
Mark S. Ulfers
Its: Executive Director
EXHIBIT A
THE REAL PROPERTY TO BE ACQUIRED UNDER THIS AGREEMENT CONSISTS OF
THE FOLLOWING:
Parcel Owner
Linnea Klingel
2. James & Joanne Loewen
3. John & Mary Neska
4. Dennis & Linnea Klingel
5. Merle & Sandra Duff
Street Address
2795 Linde Lane
2799 Linde Lane
908 Lawrence Avenue
912 Lawrence Avenue
916 Lawrence Avenue
Agenda Information Memo
July 2, 1997 Eagan City Council Meeting
F. RECOMMENDATION ECONOMIC DEVELOPMENT COMMISSION
AMENDMENT OF REVOLVING LOAN FUND
GUIDELINES APPLICATION DEADLINES
ACTION TO BE CONSIDERED:
To continue consideration of an amendment to the City's revolving loan fund guidelines to
establish application deadlines as presented.
FACTS:
At its meeting of June 26U', the Economic Development Commission has continued
consideration of the revolving loan fund guidelines amendment to its July meeting. As a
consequence, this item will be continued until the first City Council meeting in August.
t I
Agenda Information Memo
July 2, 1997 Eagan City Council Meeting
G. PROJECT 682 APPROVE ASSESSMENT DEFERRAL
AGREEMENTS (DEERWOOD TOWNHOMES — UTILITIES)
ACTION TO BE CONSIDERED:
To approve the assessment deferral agreements (Deerwood Townhomes — Utilities)
FACTS:
• At the June 3, 1997 City Council meeting, a final assessment hearing was held for Project
682 (Deerwood Townhomes — Utilities)
a The hearing was closed and the final assessment role was approved and authorized for
certification to Dakota County.
■ Staff was directed to try and negotiate a reasonable assessment deferral with Todd and Henry
Franz, the Doehlings and the Rechtzigels within the next 30 days to try and avoid the filing
of an assessment appeal.
• The four (4) assessment deferral agreements have been successfully negotiated and are in
order for approval by the City Council. They include various terms depending on the unique
circumstances of each parcel.
ATTACHMENTS:
• Todd and Ellen Franz Agreement. p es�( througho2.3
• Henry Franz Agreement, page�through�".
Earl and Arlene Doehling Agreement, pages thr gh,3
• Frank Rechtzigel Agreement, pages '% hroughj
m4w
y
SETTLEMENT AGREEMENT
This Settlement Agreement ("Agreement") is made this day of
1997, between TODD H. FRANZ and ELLEN E. FRANZ, husband and wife, (hereinafter
"Landowner") and the CITY OF EAGAN, a Minnesota municipal corporation, (hereinafter "City")
WHEREAS, Landowner is the fee owner of property located in the City of Eagan, County
of Dakota, State of Minnesota and legally described as:
The South 32 Rods of East 20 Rods of West 56 Rods of Government Lot 4 of
Section Twenty One (21) Township Twenty Seven (27) Range Twenty three (23),
according to Government survey thereof.
(hereinafter the "Property")
WHEREAS, as part of Public Improvement Project No. 682 (hereinafter the "Project"), the
Property was assessed for the following improvements:
Improvement Assessment Amount
Sanitary Sewer Lateral $16,258.80
(hereinafter the "Assessment")
WHEREAS, the Landowner has objected to the Assessment as they believe that their
property may not have benefited by the Project in the amount of the Assessment; and
WHEREAS, the Landowner and the City are desirous of amicably resolving any dispute
concerning the Assessment to the Property as set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties do hereby agree as follows:
a I
Page 2/SETTLEMENT AGREEMENT
1. The Assessment shall be deferred without interest and said deferment shall end if the
Property is subdivided, platted or otherwise developed (accessory buildings--e.g., a pole barn shall
not be considered a "development") or December 31, 2021, whichever occurs first. Then, the
Deferred Assessment shall be payable over a term of five (5) years without interest.
2. Landowner hereby waives their right to object or appeal the Assessment, pursuant
to Minn. Stat. §429.081, and further waives notice of hearing and hearing on this Deferment
Agreement.
3. This Agreement shall be binding upon and inure to the benefit of the parties heirs,
successors and assigns and shall run with the land.
CITY OF EAGAN
go
U -In
Thomas A. Egan
Its: Mayor
E. J. VanOverbeke
Its: Clerk
Todd H. Franz
Ellen E. Franz
g �-
Page NSETTLEMENT AGREEMENT
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of ,
1997, by Thomas A. Egan and E. J. VanOverbeke, the Mayor and Clerk of the City of Eagan, a
Minnesota municipal corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of ,
1997, by Todd H. Franz and Ellen E. Franz, husband and wife.
APPROVED AS TO FORM:
2::�� 4 - f4".,
City Attorney's Office
Dated:
APPROVED AS TO CONTENT:
Finance Department
Dated:
THIS INSTRUMENT WAS DRAFTED BY:
SEVERSON, SHELDON, DOUGHERTY
& MOLENDA, P.A.
7300 West 147th Street, Suite 600
Apple Valley, MN 55124
(612) 432-3136
(RBB: #206-12919)
Pr . 682
Notary Public
4
SETTLEMENT AGREEMENT
This Settlement Agreement (hereinafter "Agreement") is made this day of
1997, between HENRY H. FRANZ, a single person, (hereinafter "Landowner")
and the CITY OF EAGAN, a Minnesota municipal corporation, (hereinafter "City").
WHEREAS, Landowner is the fee owner of property located in the City of Eagan, County
of Dakota, State of Minnesota and legally described as:
Government Lot four (4) in the northeast quarter (NEI/4) of Section twenty one (21),
Township twenty seven (27), Range twenty three (23), according to the Government
survey thereof, excepting therefrom the west eight (8) rods of the south twenty (20)
rods thereof.
(hereinafter the "Property")
WHEREAS, as part of Public Improvement Project No. 682 (hereinafter the "Project"), the
Property was assessed for the following improvements:
M 1n .. OMNI
Sanitary Sewer Lateral
Lateral Benefit Water
Sanitary Sewer Service
$25,768.64
$ 3,217.50
$ 1.160.31
TOTAL: $30,146.45
(hereinafter the "Assessment")
WHEREAS, the Landowner has objected to the Assessment as he believes that his property
may not have benefited by the Project in the amount of the Assessment;
WHEREAS, the Landowner and the City are desirous of amicably resolving any dispute
concerning the Assessment to the Property as set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties do hereby agree as follows:
'�7
Page 2/SETTLEMENT AGREEMENT
1. The Assessment shall be paid as follows:
A. Non -Deferred Assessment.
Improvement
Sanitary Sewer Lateral
Sanitary Sewer Service
$1,108.55
$1,160.31
TOTAL: $2,268.86
(hereinafter the "Non -Deferred Assessment")
The Non -Deferred Assessment shall be payable over a term of fifteen (15) years with interest
thereon at the rate of seven percent (7%) per annum.
B. Deferred Assessment.
Improvement
Sanitary Sewer Lateral
Lateral Benefit Water
(hereinafter the "Deferred Assessment").
Assessment Amount
$24,660.09
$ 3.217.50
TOTAL: $27,877.59
The Deferred Assessment shall be deferred without interest and said deferment shall end if
the Property is subdivided, platted or otherwise developed or on December 31, 2011,
whichever occurs first. Then, the Deferred Assessment shall be payable over a term of
fifteen (15) years without interest.
2. Landowner hereby waives his right to object or appeal the Assessment, pursuant to
Minn. Stat. §429.081, and further waives notice of hearing and hearing on this Deferment
Agreement.
Page NSETTLEMENT AGREEMENT
3. This Agreement shall be binding upon and inure to the benefit of the parties heirs,
successors and assigns and shall run with the land.
CITY OF EAGAN
Thomas A. Egan
Its: Mayor
E. J. VanOverbeke
Its: Clerk
1
Henry H. FramC
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of ,
1997, by Thomas A. Egan and E. J. VanOverbeke, the Mayor and Clerk of the City of Eagan, a
Minnesota municipal corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this zr.a` day of r'1'-" ,
1997, by Henry H. Franz, a single person.
ROBERT B. SAUER
NOTARY PUBL"HOOTA
FAIN COUNTY
My
Own" dAN M. M
Notary Public
Page 4/SETTLEMENT AGREEMENT
APPROVED AS TO FORM:
Z' 4— - &=i ---
City
Attorney's Office
Dated: 6 [Z.(o (57
APPROVED AS TO CONTENT:
A ' K16&vtAA-LL
ance Department
Da ed: (a • P L . a
THIS INSTRUMENT WAS DRAFTED BY:
SEVERSON, SHELDON, DOUGHERTY
& MOLENDA, P.A.
7300 West 147th Street, Suite 600
Apple Valley, MN 55124
(612) 432-3136
(RBB: #206-12919)
Pr . 682
Q7
SETTLEMENT AGREEMENT
This Settlement Agreement ("Agreement") is made this day of
1997, between EARL O. DOEHLING and ARLENE DOEHLING, husband and wife, (hereinafter
"Landowner") and the CITY OF EAGAN, a Minnesota municipal corporation, (hereinafter "City").
WHEREAS, Landowner is the fee owner of property located in the City of Eagan, County
of Dakota, State of Minnesota and legally described as:
The West Eight (W. 8) rods of the South Twenty (S. 20) rods of Government Lot
Four (4) in the Northeast Quarter (NE1/4) of Section Twenty-one (21), Township
Twenty-seven (27), Range Twenty-three (23), containing 1 acre, more or less.
WHEREAS, as part of Public Improvement Project No. 682 (hereinafter the "Project"), the
Property was assessed for the following improvements:
Imurovement Assessment Amount
Sanitary Sewer Lateral $ 5,881.38
Water Trunk $ 2,574.00
Sanitary Sewer Service $ 1,160.31
Water Service $ 1,967.62
TOTAL: $11,583.31
(hereinafter the "Assessment")
WHEREAS, the Landowner has objected to the Assessment as they believe that their
property may not have benefited by the Project in the amount of the Assessment;
WHEREAS, the Landowner and the City are desirous of amicably resolving any dispute
concerning the Assessment to the Property as set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties do hereby agree as follows:
Page 2/SETTLEMENT AGREEMENT
1. The Assessment shall be paid as follows.
A. Non -Deferred Assessment.
Sanitary Sewer Lateral
Water Trunk
Sanitary Sewer Service
Water Service
TOTAL:
(hereinafter the "Non -Deferred Assessment")
1j -
$2,940.69
$1,287.00
$ 580.15
&983.81
$5,791.65
The Non -Deferred Assessment shall be payable over a term of fifteen (15) years with interest
thereon at the rate of seven percent (7%) per annum.
I
Improvement
Sanitary Sewer Lateral
Water Trunk
Sanitary Sewer Service
Water Service
TOTAL:
(hereinafter the "Deferred Assessment").
$2,940.69
$1,287.00
$ 580.16
$ 983.81
$5,791.66
The Deferred Assessment shall be deferred without interest and said deferment shall end if
the Property is sold, subdivided, platted or otherwise developed or December 31, 2011,
whichever occurs first. Then, the Deferred Assessment shall be payable over a term of
fifteen (15) years without interest.
2. Landowner hereby waives their right to object or appeal the Assessment, pursuant
to Minn. Stat. §429.081, and further waives notice of hearing and hearing on this Deferment
Agreement.
Page 3/SETTLEMENT AGREEMENT
This Agreement shall be binding upon and inure to the benefit of the parties heirs,
successors and assigns and shall run with the land.
CITY OF EAGAN
LN
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
Thomas A. Egan
Its: Mayor
E. J. VanOverbeke
Its: Clerk
'�
Earl O. Doehling
-44
Arlene Doehling
The foregoing instrument was acknowledged before me this day of ,
1997, by Thomas A. Egan and E. J. VanOverbeke, the Mayor and Clerk of the City of Eagan, a
Minnesota municipal corporation, on behalf of the corporation.
Notary Public
30
Page 4/SETTLEMENT AGREEMENT
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
EUGENE J. VAN OV
ERBEKE
` NOTARY PUBLIC -MINNESOTA
DAKOTA COUNTY
• My Commission Expires Jan. 31, 2000
The foregoing instrument was acknowledged before me this X -y 1, day of
1997, by Earl O. Doehling and Arlene Doehling, husband and wife.
a�o".z � \1'nG4-AQ4—
No Pu is
APPROVED AS TO FORM:
" ?e=:�± ex.- - 4—
City
Attorney's Office
Dated: ( (2(0 N 7
APPROVED AS TO CONTENT:
M
Fi nce Department
Dated: G - D'i —q I
THIS INSTRUMENT WAS DRAFTED BY:
SEVERSON, SHELDON, DOUGHERTY
& MOLENDA, P.A.
7300 West 147th Street, Suite 600
Apple Valley, MN 55124
(612) 432-3136
(RBB: #206-12919)
Pr . 682
SETTLEMENT AGREEMENT
This Settlement Agreement ("Agreement") is made this day of
1997, between FRANK H. RECHTZIGEL, a single person, (hereinafter "Landowner") and the CITY
OF EAGAN, a Minnesota municipal corporation, (hereinafter "City").
WHEREAS, Landowner is the fee owner of property located in the City of Eagan, County
of Dakota, State of Minnesota and legally described as:
That part of the North Half of the Southwest Quarter of Section 21, Township 27,
Range 23, Dakota County, Minnesota lying southerly and easterly of the most
southerly and easterly right of way line of 35E as shown on Minnesota Department
of Transportation Right of Way Plat No. 19-72 and 19-40 and which lies northerly
and easterly of the following described line: Commencing at the Northeast corner
of said North Half of the Southwest Quarter; thence South 0 degrees 30 minutes 39
seconds East, assumed bearing, along the east line thereof 735.20 feet to the point of
beginning of the line to be described; thence North 89 degrees 47 minutes 34 seconds
West 335.48 feet; thence North 27 degrees 27 minutes 16 seconds West 385.80 feet
to said southeasterly right of way line of said Minnesota Department of
Transportation Right of Way Plat No. 19-72 and said line there terminating.
(hereinafter the "Property")
WHEREAS, as part of Public Improvement Project No. 682 (hereinafter the "Project"), the
Property was assessed for the following improvements:
11•) toxxqI1' M'A• 1
Sanitary Sewer Lateral $25,017.61
Water Trunk Charges $ 7,001.76
Lateral Benefit Water $11.602.50
TOTAL: $43,621.87
(hereinafter the "Assessment")
WHEREAS, the Landowner has objected to the Assessment as he believes that his property
may not have benefited by the Project in the amount of the Assessment; and
WHEREAS, the Landowner and the City are desirous of amicably resolving any dispute
concerning the Assessment to the Property as set forth in this Agreement.
3a,
Page 2/SETTLEMENT AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises contained herein, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties do hereby agree as follows:
1. The Assessment shall be deferred without interest and said
deferment shall end if the
(qv, 0AaAioN4i fva?V-V fVo&kV+t Cou"`
�v
Property is or December 31, 2009, whichever occurs
first. Then, the Deferred Assessment shall be payable over a term of fifteen (15) years with interest
at the rate of seven percent (7%) per annum.
2. Landowner hereby waives his right to object or appeal the Assessment, pursuant to
Minn. Stat. §429.081, and further waives notice of hearing and hearing on this Deferment
Agreement.
3. This Agreement shall be binding upon and inure to the benefit of the parties heirs,
successors and assigns and shall run with the land.
CITY OF EAGAN
By:
Thomas A. Egan
Its: Mayor
LOU
E. J. VanOverbeke
Its: Clerk
Frank H. Rechtzigel
33
Page 3/SETTLEMENT AGREEMENT
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of ,
1997, by Thomas A. Egan and E. J. VanOverbeke, the Mayor and Clerk of the City of Eagan, a
Minnesota municipal corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
1997, by Frank H. Rechtzigel, a single person.
Notary Public
APPROVED AS TO FORM:
2,,.11- 1,- 4,
City Attorney's Office
Dated: � 12j, (5'1
APPROVED AS TO CONTENT:
Finance Department
Dated:
THIS INSTRUMENT WAS DRAFTED BY:
SEVERSON, SHELDON, DOUGHERTY
& MOLENDA, P.A.
7300 West 147th Street, Suite 600
Apple Valley, MN 55124
(612) 432-3136
RBB: #206-12919
Prj . 682
Agenda Information Memo
July 1, 1997 Eagan City Council Meeting
H. DELETE CONDITION OF APPROVAL — EAGANDALE CENTER
INDUSTRIAL PARK NO. 12 - MEPC
ACTION TO BE CONSIDERED:
To approve a deletion of Condition #2 of the Development Contract for the Eagandale Center
Industrial Park No. 12 Addition.
FACTS:
The Eagandale Center Industrial Park No. 12 plat was approved by Council action on August
15, 1995. Condition #2 required future development to construct a 3' berm along the north
property line to screen the site from I-494.
MEPC wishes to construct a 180,000 sq. ft. office/warehouse building that will exceed all
building setback requirements and provide parking as required by City Code.
The applicant will provide extensive landscaping on the entire site, including along the north
property line adjacent to the I-494 right-of-way. Due to the topography of the site, the
applicant feels that furnishing a 3' berm will cause the parking and drive area on the north
side of the building to be reduced to a size that is too narrow for sufficient truck turning radii
and is, therefore, proposing to substitute landscaping in place of the 3' berm.
Staff has concluded that the proposed landscaping plan will provide adequate screening of
the property from the highway as the grade of I-494 is significantly lower than the subject
site.
BACKGROUND/ATTACHMENTS: (2)
Plat Map, page 34.
Letter from MEPC Representative, David Sellergren, page through �.
35'
I
,a I
i gn
is I-----------��
0060,.101-.
C 0
ba C14
ZV E
�� 3 Y z �'=ya � ? - ->• � � goo p � �
Fi bgt�? =xr gi
igp?a eL �atE t: sy rb. ■x. La
`�
Mil ;i
a��:
Eq I; 507.99 - � • •�•
t 1 56'43'38"E L — `T7�
I may re mu^ s• " ! I I 10 I 1- y
r cc
r! _; <C iico
fe=es -
O
.^ )
<C rn t w Y •�:R:
r•r•• V r'� ' i5 LQ
Q �'
_..! a' I-'1 • co
Z w 1!.ar .s
Q`I 11 `I^I li> i s \ T`.Mwm",n"o,'�w°„•„+o. � - -G s' .L .K - 's � II: a $ � i C � � e
CO
I •�:�1 I tiers M.9Z.Oi,On ;�� I a I i • ix£.�:
�:-I -j " $ ° f Ej�� s
p
is
W
Z 81 1i i [��:•�� s
m I
col
Z �I i O r0� :.I O' !� :g ::•BIN
S
a LL w N ; 4; HM
Q
Sij Imo"' tt: I' •. ' �? , ( t x°•J i 'S.- S1•
•a lav . 1 I 'g •_- ! :� IJ. I t K I WQ,r^ ; ' g� ��� F �`
�{_: 1fY• �.'`,�€I � a? .•J i ! .''�D iDp•` 7w75a EO SF
c, r+�x j6� I I I 10V. —•JI. .F'J �_J_' „ I =(,e.J Qf7IOl•rv0: me1:
pO
t
11� . oaa.�.ls.-I ..nsr�. J 'f4"090 _'•' -• M.,92.� •Cln •- � - �L - �'e �� � ea�i`<<� i�
l •� 4
-I I li 1 1 - - �L = • _ F_ f 1
DOHERTY
RUMBLE
& BUTLER
Attorne,. it ;-a,% 340-5571
June 17, 1997
City of Eagan i lv 1 17
Attn: Mike Ridley JUN 18 1997
Senior Planner
3830 Pilot Knob Road LY:
Eagan, MN 55122
Re: Lots 1 and 2, Block 1, Eagandale Center Industrial Park No. 12
Dear Mike:
I write on behalf of MEPC American Properties Inc. (NIEPC). I write to request deletion of the
requirement to construct a three foot berm along the north property line, which appears in Exhibit B
to the Development Contract, dated August 15, 1995, for Eagandale Industrial Park No. 12.
MEPC wishes to construct a 180,480 square foot warehouse/office building on the site; its location
substantially exceeds all building setback requirements. Nevertheless, the building achieves maximum
permissible building coverage. As the enclosed plans indicate, extensive landscaping is proposed,
including along the north property line along I494. In order to make maximum utilization of the site,
it was necessary to incur additional expense in relocating a gas main, which now runs at an east/west
direction along the northeast corner of the site.
MEPC requests that the City delete the requirement for a three foot berm. To accommodate the
berm slopes, the parking/drive area would be too narrow for sufficient truck turning radii. A
reduction in building size might then be the unfortunate result, thus potentially diminishing tax and
job base. Instead of this, we respectfully suggest that the landscaping is a satisfactory substitute for
the berm. The landscaping includes 29 Black Hills and Colorado spruce, six green ash, and 18 red
splendor and red jewel crab trees. Please review the enclosed plans and this request. I have talked
to the landscape architect, and there is some, but not a lot, of room for additional landscaping. If you
believe the landscape area should be enhanced, please advise.
This request to substitute landscaping for a three foot berm would result in a consistent treatment
along the north line of the properties developed by MEPC. The building farther to the west (west
of the Vendmark building) was developed in 1996 by MEPC, using landscaping and not a berm along
the north line.
5
�
DOHERTY
RUMBLE
& BUTLER City of Eagan
Attn: Mike Ridley
June 17, 1997
Page 2
MEPC requests consideration by the Eagan City Council at its July 1, 1997, meeting.
Sincerely yours,
David C. Seliergr n C/
DCS/eka
Enclosure
cc: Bill Dressen
Jim Schlundt
Mark Ryan (Ed Farr Architects)
Jan Wager Anderson (HTPO, Inc.)
SFLLED 520954.1 33
Agenda Information Item
July 1, 1997 Eagan City Council Meeting
I. Final Subdivision - Majestic Oaks - Tri -Land Co.
ACTION TO BE CONSIDERED:
To approve a Final Subdivision (Majestic Oaks) of 9 single family lots and one outlot
consisting of 19 acres located north of Cliff Road, west of Highway #3 in the SE 1/4 of
Section 25.
FACTS:
➢ Majestic Oaks was approved by the City Council on August 13, 1993 and received an
extension of August 1, 1995.
The development contracts and financial guarantee have been reviewed and are in order.
ATTACHMENTS: (1)
➢ Final Plat page - L .
31
1L'1�S %.tt.M S
t: All • i .ECUS 3 AT."9 9 N „ 1 r
JPVK
XV4r 4'
d
% \ .�.°`►r �� ,�$' J L::r i I—..
NO
NO:
\��` D s� \ pow
I v �,���\\ `�.. h}•� / ;\ .L9W M .(£.95.68 S \
-If :J
v l R` e ♦ n
oZe
r 9r .o
cly
U • � f � � f � is$� I :,� t--
sqa• ..
f , v
d
co W
/>
uj
LLJ
N Am
1
.00•S7
r
Q ttl ■� 191 E :
! y S T fly i
W = y
t0)
.60•t1L .£1.6t.69 S I wr
Agenda Information Memo
July 1, 1997
APPROVAL TO.PROCEED. WITH DESIGN.OF FISH LAKE. ALUM DOSING
STATION
ACTION TO BE CONSIDERED: To authorize the preparation of detailed designs and
specifications and other bid documents for Contract No. 97-12 (Fish Lake alum dosing station).
FACTS:
The Fish Lake Diagnostic/Feasibility Study and Implementation Plan (September 1994)
identified construction and operation of an alum dosing station to treat inflows to Fish
Lake from the mainstem of the storm drainage system as the most cost-effective
alternative for significantly decreasing phosphorus loadings to Fish Lake.
In July and August, 1995, City staff working in cooperation with the University of
Minnesota conducted several multi -day field tests involving injection of alum at the doses
proposed for a full-scale project. The results confirmed that significant increases in
phosphorus removal were achievable and that adverse visual and biological impacts from
the treatment appeared negligible.
• In June 1996, the City submitted an application for an experimental permit to MnDNR to
allow treatment of storm water discharges to Fish Lake with alum.
• In June 1997, the City received approval from state regulatory agencies to operate an
alum dosing facility for an experimental period of not more than five years, provided
certain water quality criteria are met. It appears that these criteria will allow operation of
the facility at dosage levels high enough to achieve target removal efficiencies.
• Construction of the alum dosing facility would be financed with a zero interest loan
awarded to the City from the State of Minnesota's Clean Water Partnership Program for
the Fish Lake project.
• Staff reviewed the project with the Advisory Parks Commission at a meeting on February
24, 1997 and with the City Council in the form of an informational memo in March 1997.
The Advisory Parks Commission endorsed the strategy outlined in the memo at it's
February 24 meeting.
ATTACHMENTS:
March 12, 1997 memo to City Council regarding Fish Lake alum dosing project.
14,1-44
TO: CITY COUNCIL C/O THOMAS HEDGES
FROM: RICH BRASCH, WATER RESOURCES COORDINATOR
DEPARTMENT OF PARKS AND RECREATION
RE: UPDATE ON ALUM DOSING COMPONENT OF FISH LAKE PHASE II PROJECT
DATE: MARCH 12, 1997
Background/Issue
As City Council members may recall, a key component of the City's effort to improve the water
quality of Fish Lake is the construction and operation of a "dosing" station which would inject small
amounts of alum into the mainstem of the storm sewer system draining to the lake in order to decrease
phosphorus entering the lake from the watershed. With the approval of the City Council to proceed
with the project, staff submitted a permit application to the State in June, 1996 to secure authorization
to carry out the alum dosing component. Because the use of alum to treat inflows to lakes is relatively
new, the processing of the permit has been very slow. However, we are nearing the end of permit
negotiations and the Commission and staff wanted to take this opportunity to brief the City Council on
the alum dosing aspect of the Fish Lake project.
Attached is a letter staff sent to the Mn Pollutior, Control Agency regarding several key issues on
which the dosing project hinges. Staff reviewed an earlier draft of this letter with the APRNRC at their
February 24, 1997 meeting before it was finaliz(. i and sent to the MnPCA. While the memo contains
some technical jargon, the messages are discerna')le if Council members keep in mind two key points.
First, in order to use alum to remove phosphorus from the stonmsewer inflows to Fish Lake, we need to
convince regulatory authorities that a relaxation in the criteria for aluminum in waters of the state is
appropriate. The current criteria will allow us to achieve only about one-third to one-half of the
phosphorus removal we need to meet the City's water quality target for Fish Lake. There is an
abundance of information that indicates that an increase in the criteria for aluminum concentrations to
a level that would be necessary to achieve our target removals would pose little toxic threat to aquatic
life. However, the technical basis for the adjustment in the criteria is an issue and MnPCA remains
concerned about the "precedence" that such a change would set.
Second, any permit we receive from the State to operate a dosing station will probably be of limited
duration until the effectiveness and impact of the operation is thoroughly evaluated in the field. This
issue is obviously of concern to the City as well. Staff and the APRNRC have outlined a position in
the memo which attempts to balance the financial obligations of the City for construction,
operation/maintenance, and monitoring of the system with the possible limited duration of the permit.
Council Direction Requested
Staff and the APRNRC are interested in whether the position and strategy outlined on the second page
of the letter to MnPCA appears reasonable to the City Council. No formal action is requested.
" 4�'- /,Z; - -, - �
Rich Brasch
Water Resources Coordinator
cc. Ken Vraa
Advisory Parks, Recreation, and Natural Resources Commission
pity of Wigan
t�farch 3, 1997
-�Ch,AS EGAN
MR. MARK TOMASEK
WATER QUALITY DIVISION
PATRICIA AWADA
SEA BLOMQuIST
MN POLLUTION CONTROL AGENCY
SANDRA A. MASIN
520 LAFAYETTE ROAD NORTH
THEODORE WACHTEI
ST. PAUL, MN 55155
Counrl Members
Dear Mark:
THOMAS HEDGES
C.ty AcmimStrator
E. J. VAN OVERSEKE
C=ty Clerk
Thanks very much for your efforts in setting up the meeting with the Department of Natural Resources and the
Ramsey Washington Metro Watershed District representatives to discuss the alum dosing proposals for the
Fish Lake and Tanners Lake projects. I certainly gained more insight into what it will take to get the Fish
Lake dosing proposal off the ground. I also continue to believe that, with the majority of phosphorus loading
to Fish Lake coming through a single pipe and with the constant flora- conditions provided by the lift station
we have a near ideal situation at Fish Lake for the application of alum dosing.
As you know, the City's Water Quality Management Plan identifies Fish Lake as the second highest of thirty
long -tern lake enhancement priorities in the community, Concern al cut the de
Fish Lake in the mid -1980's was one of several factors that convinced out
City Council to embark quality
m
development and implementation of a vigorous water quality management effort. The high turn -out at both
the public information meetings held to gather comment on the Fish Lake Di
Implementation Plan in 1993 and 1994 confirmed continuinghi Diagnostic/Feasibility o fcity ity Study and
improving the quality of the lake. interest °n the i of city residents about
The City has done its best to
quality of runoimplement conventional watershed Best Management Practices to improve the
ff entering Fish Lake. The entire 3,000 acre watershed is swept in the spring and fall each year,
with direct drainage areas receiving top priority. Virtually all new developments in the watershed are required
to incorporate on-site ponding to treat runoffprior to discharge off-site. The watershed contains over 100
natural and constructed basins which treat runoff before it enters Fish Lake. In addition, the City has stepped
up its efforts on an already vigorous public education program to curtail pollutant loadings at the source. The
City's diligent application of both structural and non-structural BMP's has significantly reduced the
Phosphorus concentrations of the water in the mainstem of the stormsewer system near Fish Lake.
The Fish Lake Phase I study reviewed and evaluated numerous remedial alternatives to reduce phosphorus
loading to the lake. Dosing of alum into the mainstem of the storm drainage system to further reduce already
low phosphorus concentrations was selected as the most cost-effective option for achieving the load reductions
necessary to reach in -lake water quality goals. Map technical staff who reviewed the report and
recommended the project for Phase II funding under the Clearwater Partnership Program agreed with that
strategy.
We are now at a pivotal point for implementation of the dosing aspect of the project. In respons
June 1996 application for a special permit to proceed e to the City's with the dosing discussions with both representatives of our g project, we have had numerous
the dosing Y agency and the MnDNR regarding the conditions under which
g project should proceed. I hope we are moving closer to adopting an approach that recognizes our
efforts are aimed at improving an already highly de
number of benefits and impacts. For Fish Lake, it seems likely ed thaan t the ecological antem which will d societal beneuire fits of
improving lake water quality will far outweigh the potential impacts of somewhat elevated total aluminum
loading associated with the dosing project proposed. However, we won't actually know the trade-offs in these
benefits and costs until we've had a chance to run and monitor system effectiveness and impacts over the
intermediate to long-term.
UNICIPAL CENTER
30 PILOr KNOa aOA0 THE LONE OAK TREE MAINTENANCE FACILITY
GAN. MIriNESOTA 55122.18u; THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT
ONE ()68 40!2 p� EAGAN. MINNESOTA Wi22
X (612) 451 85 ! 2 Equal Opportunity/A(flrmative Action PHONE. (6 12) 681.43M
(012) 454 85J5 plover FAX. (612) 681.43W
\� �5 T00 (612) 454.8533
In the interests of bringing the permitting phase of this project to closure, I would like to outline some
guidelines for what I believe it will take to get the Fish Lake alum dosing proposal off the ground from the
City's standpoint. First, the permit to operate the dosing system must have at least a five year term in order to
allow sufficient time to refine system operation, detect significant long term trends in lake water quality, and
make the fmancial risks to the City reasonable. The cost for design and construction of the dosing station is
estimated at about 540,000 in 1993 dollars. It is my judgement that this would be perceived as a reasonable
expenditure on the part of the City even if the project is operated for only five years. However, at annualized
costs of 515,000 per year (59,000/year annualized capital cost and 56,000/year for operation and
maintenance), plus monitoring costs, it is still a rather costly undertaking for the City.
Second, the total aluminum criteria applied to the outlet of Pond JP -47 must be high enough so we can operate
at our proposed dosing rate of 1 mg/liter. The pilot dosing study suggested an aluminum removal efficiency of
approximately 40% in Pond JP -47. Thus, a total aluminum standard of 600 ug/1 applied at the outlet of Pond
JP -47 would likely be sufficient to allow dosing at the recommended rate. There is ample information
available showing that the increase in chronic toxicity risk associated with raising the total aluminum criteria
from 262 ug/I to 600 ug!l is minimal. I think there are also some relatively inexpensive methods we can
employ to try to increase removal efficiencies for particulate aluminum, such as installing temporary bales to
better disperse flow between the inlet and the outlet. The City does W want to have to incur the expense
(about $75,000) of excavating Pond JP -47 to attempt to increase floc removal at this stage of an experimental
Project that may not be allowed to continue beyond five years. It is also very importar. t to note that.our work
so far indicates that elevated total aluminum concentrations resulting from a dosing op ration would-be
composed almost entirely of bound or particulate aluminum and that dissolved aluminum in treated water
discharged to FL -h Lake (and likely to Pond JP -47 as well) would remain well below the aquatic criteria
There is a strong possibility that the un -developed upland between Hurley Lake and Por►d JP -47 could be
developed at some point during the five-year test period for the dosing operation, allowing the City to secure
the land for a floc settling basin by requiring a land dedication through the development approval process. To
secure the land now would require condemnation, which the City feels is prohibitively expensive. Again, it
would be difficult to convince the City Council that this expense is warranted now when we don't know
whether the dosing system should or can operate beyond five years.
In closing, I want to again reiterate the City's commitment to implementing an alum dosing project to enhance
Fish Lake as a local and regional recreational resource. We also believe that it may be in the best interests of
state lake management to implement a few of these projects so that they can be rigorously evaluated to better
define the role this practice can play in protection and enhancement of Minnesota's aquatic resources. As
such, the City expects to carry out a reasonable amount of monitoring to help define the effectiveness, costs,
and impacts of operation of the system over the long term.
I look forward to hearing from you in the near future so we can continue to move this project forward and
bring closure to this issue within the next several months. Please let me know if you have any questions or
need more information from us.
Sincerely,
Rich Brasch
Water Resources Coordinator
CC. Ken Vraa
Paul Nelson/Steve Kloiber
Agenda Information Memo
July 1, 1997
K. CONTRACT 94 -ZZ, TOWN CTR 100 —14TH ADDN
ACTION TO BE CONSIDERED: To acknowledge completion of Contract 94 -ZZ (Town
Center 100 — 10h Addition) and authorize perpetual City maintenance subject to warranty
provisions.
FACTS:
• Contract 94 -ZZ provided for the private installation of public utilities under the terms and
conditions of the development contract agreement for the Town Center 100 — 14th Addition,
Big Wheel Rossi.
• These improvements have been completed in accordance with City approved plans and
specifications, inspected by representatives of the Public Works Department and found to be
in order for favorable consideration of Council acceptance for perpetual City maintenance.
ACTION TO BE CONSIDERED: To acknowledge completion of Contract 96-U (Precision
Tune Addition) and authorize perpetual City maintenance subject to warranty provisions.
FACTS:
• Contract 96-U provided for the private installation of public utilities under the terms and
conditions of the development contract agreement for the Precision Tune Addition.
• These improvements have been completed in accordance with City approved plans and
specifications, inspected by representatives of the Public Works Department and found to be
in order for favorable consideration of Council acceptance for perpetual City maintenance.
ACTION TO BE CONSIDERED: To acknowledge completion of Contract 95-HHH (Galaxie
Cliff Addition) and authorize perpetual City maintenance subject to warranty provisions.
FACTS:
• Contract 95-HHH provided for the private installation of public utilities under the terms and
conditions of the development contract agreement for the Galaxie Cliff Addition No. 1.
• These improvements have been completed in accordance with City approved plans and
specifications, inspected by representatives of the Public Works Department and found to be
in order for favorable consideration of Council acceptance for perpetual City maintenance.
qS
Agenda Information Memo
July 1, 1997
ACTION TO BE CONSIDERED: To approve the 6`h and final payment for Contract 96-13
(Mallard Park 2nd & Woodgate 2nd Addition – Street Reconstruction) in the amount of
$18,233.11 to Danner, Inc., and accept the improvements for perpetual City maintenance subject
to warranty provisions.
FACTS:
Contract 96-13 provided for the reconstruction of the residential streets within the Mallard
Park 2nd and Woodgate 2nd Additions along with the installation of a sidewalk along Slaters
Road from Burnsville to Wall Street and the reconstruction of the Well House #1 driveway
on Coachman Road.
All improvements have been completed in accordance with City prepared plans and
specifications, inspected by representatives of the Public Works Department and found to be
in order for favorable Council action of final payment and acceptance subject to the warranty
provisions of the contract documents.
ACTION TO BE CONSIDERED: To receive the bids for Contract 97-07 (Eagan Business
Commons – Streets & Utilities), award the contract to the lowest responsible bidder and
authorize the Mayor and City Clerk to execute all related documents.
I&T-41ki
* Contract 97-07 provides for the installation of public streets and utilities within and serving
the Eagan Business Commons Addition under Project 720 that was approved as a result of a
public hearing held on June 3, 1997.
At 11:00 a.m., on Thursday, June 26, formal bids were received as a result of an advertised
competitive bid solicitation. All bids will be reviewed for accuracy on their unit price
extensions and additions as well as compliance with the bid specification documents. Any
deviations will be addressed at the Council meeting on July 1.
ISSUES:
■ The installation of these public streets and utilities is in response to a petition submitted by
the developer of the proposed Eagan Business Commons Addition. The dedication of the
public right-of-way and guarantee of payment for the costs incurred are identified as the
development's responsibility under the terms and conditions of the development contract
agreement associated with the final subdivision scheduled on the same July 1 agenda. If, for
some reason, the final subdivision is not approved, the consideration of contract award
should be continued to a future meeting.
ATTACHMENTS:
# Bid tabulation, page.
612 6361311
BONESTR00 AND ASSOCIATES T 612 6361311 06/26/97 15:2915 :03 NO:350
EAGAN BUSINESS COMMONS
EAGAN, MINNESOTA
City Contract No. 97-07
City Project No. 720
File No. 49582
Bid Date: Thursday, June 26,1997
Bid Time: 11:00 a.m.
-Contractor
I _) Ronine Excavating
2.) Northclale Construction
3.) Dave Perkins Contracting
4.) Ryan (ontracting
5.) Burschville Construction
Base Bici
Preliminary Report Estimate (Base Bid)
% Under (-) Preliminary Report:
Engincer's Estimate (Base Did);
% Under (-) F:ngineer'm Estimate
Altnate No. 1 — Trunk Vater Main
Preliminary Repoit Estimate:
% Over (+) Under (-) Prc;limintuy Ruport:
Enginccr'K Twimate:
% Ovcr (+) Under (-) Engineer's Esitirnate
$483,940.00
-26.6%
443,194.00
-19.ti%
$24,420.00
+62.9%
55,260.00
-28.()%
V1
Alternate No.l -
Base Trunk
Water Main Extellsion
$355,508.25
$39,776,00
381,992.12
54,561.33
397,489.50
49,335.00
402,148.60
47.120.00
437,144.50
56,023.50
$483,940.00
-26.6%
443,194.00
-19.ti%
$24,420.00
+62.9%
55,260.00
-28.()%
V1
Agenda Information Memo
July 1, 1997
ACTION TO BE CONSIDERED: To receive the bids for Contract 97-11 (Old Sibley
Highway — Streets & Utilities), award the contract to the lowest responsible bidder and authorize
the Mayor and Clerk to execute all related documents.
FACTS:
At 10:30 a.m., on Thursday, June 26, formal bids were received as a result of a competitive
bid solicitation for the installation of public streets and utilities within Old Sibley Highway to
serve the Eagan Heights Townhome 1" & 2°a Additions. A tabulation of the bids submitted
has been prepared showing the comparison of the low bid to the estimate contained in the
feasibility report presented at the public hearing held on April 1, 1997. All bids will be
checked for their accuracy in unit price extensions and additions as well as compliance with
bid specification documents. Any deviations will be noted at the Council meeting.
• All rights of way necessary for the installation of these public improvements have either been
dedicated with the final plat previously approved by Council action or within easements to be
acquired through Council authorized condemnation.
ATTACHMENTS:
# Bid tabulation, page
BONESTR00 AND ASSOCIATES
a�
1
Clty OF aagan
612 6361311
9 612 6361311 06/26/97 15:29[5 :02 NO:350
OLD SIBLEY HIGHWAY
EAGAN, MINNESOTA
City Contract No, 97-11
City Project No. 692
File No. 49570
Bid Date: Thursday, June 26, 1997
Bid Time: 10:30 a.m.
Slid Sibley --Proiect 692
Prelimimr Y- Report Estimate: $325,63U.00
% I Jndcr (-) Preliminary Repor[: -18.7%
F'nginecr's hstimute: $342,880.00
% Under (-) Engirteer's FAtimate: -22.8%
Pressure- gd n St
Lation
Preliminary Report Estimate: NA
Engineer's E.stirlltrle $54.590.00
% Over (+) Engineer's Estimate +17.0%
C' �Rid • 3M riditio
Preliminary Report Estimate NA
Engineer's Estimate $34,800.00
% Undcr (-) Engineer's Estimate; -21.4%
Total
Pressure-
Cinnamon
C°ny.T
Reducing
Ridge 3rd
L) Ryan Cn��tt'acling
$355,841.00
Old-- Y
$264,613.50
5t�
$63,877,10
Addition
$27,;SS.OU
2.) Dave Purkins Contraciing
3.) MCNAl ira Contracting
438.948.51)
441,76.4.36
3 t2.110.50
7H,2I3.00
49.625.00
4.) NorthdHlc Construct mr,
515,11 8,{J3
329,439.05
343,516.68
tlU.12R.57
32.195.74
94,188.50
77.613.75
Slid Sibley --Proiect 692
Prelimimr Y- Report Estimate: $325,63U.00
% I Jndcr (-) Preliminary Repor[: -18.7%
F'nginecr's hstimute: $342,880.00
% Under (-) Engirteer's FAtimate: -22.8%
Pressure- gd n St
Lation
Preliminary Report Estimate: NA
Engineer's E.stirlltrle $54.590.00
% Over (+) Engineer's Estimate +17.0%
C' �Rid • 3M riditio
Preliminary Report Estimate NA
Engineer's Estimate $34,800.00
% Undcr (-) Engineer's Estimate; -21.4%
Agenda Information Memo
July 2, 1997 Eagan City Council Meeting
Q. AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS FIRE
ADMINISTRATION BUILDING PROJECT APPROVE CONSTRUCTION
FINANCING PLAN FOR USE OF CABLE FRANCHISE FEES
ACTION TO BE CONSIDERED:
To authorize preparation of plans and specification for the Fire Administration Building project,
to approve a construction financing plan and to approve a resolution for the utilization of cable
franchise fees as a part of the financing plan.
IWT40&I
• At the Special City Council meeting on June 17, 1997, the City Administrator was directed to
place approval of this item on the July 1 City Council meeting agenda as a consent item.
• The financing plan included in the June 17 minutes incorporated funding from the
Community Investment Fund and from retained cable television franchise fees.
• Because the City Council has determined that communications and cable television purposes
will be served by certain construction and improvements in the Fire Administration Building,
it would be appropriate to memorialize those findings in the form of a resolution. While
cities are not legally obligated to use franchise fees for this purpose, it has been the City of
Eagan's practice to do so and those cities which use them for other purposes are criticized by
the industry in its efforts to remove franchise fee authority from local units of government.
ISSUES:
The City Council should make a finding that the policy regarding the use of cable television
franchise fees for construction of a training facility is consistent with the intent of cable
franchise fees. Another choice for City Council consideration is the use of additional
Community Investment Funds to fully fund this project. Any portion of the total cost of the
Fire Administration Building clearly fits the policy covering the use of Community
Investment Funds.
ATTACHMENTS:
i
�
+� Resolution for use of cable franchise fees on pages 1 through
CITY OF EAGAN
RESOLUTION
FINDINGS SUPPORTING THE USE OF
CABLE TELEVISION FRANCHISE FEES FOR
CONSTRUCTION AND EQUIPMENT ASSOCIATED WITH
THE EAGAN FIRE ADMINISTRATION BUILDING
WHEREAS, the City of Eagan makes use of its retained cable television
franchise fees for the administration of its cable franchise and for the support and enhancement
of its communication and cable television production activities, and
WHEREAS, the City has, in the process of developing plans for its Fire
Administration Building, identified functions within the architectural program and opportunities
within the potential operations of the building which would serve these purposes, and
WHEREAS, such activities include the production of fire prevention and fire
information cable programming, videotaped training activities for use within the department and
by other agencies and the availability of the training space for community access cable
production and community communication purposes,
WHEREAS, such building elements as the configuration and construction
materials associated with the training space, its lighting and power requirements, fixtures and
equipment will be determined to facilitate its use as a cable production facility, and
NOW, THEREFORE, BE IT RESOLVED that the City of Eagan will
commit up to $435,500 from its retained cable franchise fees for communications and cable
television production activities to the construction and equipment of the Eagan Fire
Administration Building.
CITY OF EAGAN
CITY COUNCIL
Attest:
st
Its Mayor
Its Clerk
Motion made by:
Seconded by:
Those in favor:
Those against:
CERTIFICATION
I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota do
hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the
City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 1 st day of
July, 1997.
E.J. VanOverbeke, City Clerk
So)."
Agenda Information Memo
July 2, 1997 Eagan City Council Meeting
R. CONTRACT, CITY OF EAGAN AND HEALTHEAST TRANSPORTATION, INC.
FOR PRE -ARRIVAL EMERGENCY MEDICAL INSTRUCTIONS
ACTION TO BE CONSIDERED:
To approve a contract between the City of Eagan and Healtheast Transportation, Inc., to provide
pre -arrival emergency medical instructions.
FACTS:
• The City Council previously approved a contract between the City and Dakota County to
transfer public safety funding to cover the costs of pre -arrival emergency medical
instructions. The Council also authorized the Police Department to negotiate a contract with
Healtheast Transportation, the City's current ambulance provider, to provide this service.
• The service will permit the City's dispatch to connect callers in emergency medical situations
with qualified medical personnel to provide appropriate information prior to the arrival of
other emergency personnel. The contract has been completed and is in order for
consideration by the City Council.
ATTACHMENTS:
• Contract on pages through_.
S3
CONTRACT BETWEEN THE CITY OF EAGAN
AND HEALTHEAST TRANSPORTATION, INC.
FOR PRE -ARRIVAL EMERGENCY MEDICAL INSTRUCTIONS
THIS CONTRACT is made and entered into between the CITY OF EAGAN,
MINNESOTA, hereinafter "CITY" and HEALTHEAST TRANSPORTATION, INC., hereinafter
"CONTRACTOR'.
WHEREAS, the CITY seeks pre -arrival emergency medical instructions;
WHEREAS, CONTRACTOR desires to and is capable ofproviding the necessary services
according to the terms and conditions stated herein;
WHEREAS, CONTRACTOR has the authority to execute this Contract as a binding legal
obligation, fully enforceable in accordance with its terms and conditions; and
WHEREAS, the City Council has authorized the CITY to enter into a Contract with
CONTRACTOR for the provision of said services.
NOW, THEREFORE, in consideration of the mutual promises and agreements contained
herein the parties agree as follows:
1.1 pw�po,sg. The purpose of this Contract is to define the rights and obligations of the
parties with respect to pre -arrival emergency medical instruction services.
1.2 Recitals. The recitals set forth in the whereas clauses above are incorporated by
reference as if fully set forth herein.
1.3 Cooperation. The CITY and CONTRACTOR shall cooperate and use their
reasonable efforts to ensure the most expeditious implementation of the various
provisions ofthis Contract. The parties agree to, in good faith, undertake resolution
of any disputes in an equitable and timely manner.
1.4 Term. The term of this Contract shall be from 1997 to and
including May 31, 1998, regardless of the date of signatures hereunder, unless earlier
terminated under the provisions herein or by law.
Page 1
5
�-
2.1 General CONTRACTOR shall provide the services described in Exhibit 1, "Services
Provided," in accordance with the criteria set forth therein.
2.2 Reports/Evaluations.
A) The CTIY's procedures for monitoring and evaluating the CONTRACTOWs
performance of services under the terms of this Contract include, but are not
limited to, on-site visits to the CONTRACTOWs premises or job site; review
of CONTRACTOWs financial, statistical and program records related to the
services; and review of reports and data supplied by the CONTRACTOR at
the CIIY's request which relate to the services provided under this Contract.
In order to assist the CITY in its obligation to evaluate and monitor
CONTRACTOWs performance CONTRACTOR shall allow personnel of the
CITY access to CONTRACTOR's premises or the job site.
B) CONTRACTOR shall, upon reasonable notice, meet with CITY personnel to
assist the CITY in evaluation of services.
C) CONTRACTOR shall maintain and upon request finish the CITY with
program and financial information including evaluation and performance
criteria and reports which are reasonably required for effective administration
of services. The CONTRACTOR shall maintain a bookkeeping system which
sufficiently and properly reflects all revenue received and all direct and
indirect costs incurred in the performance of this Contract.
D) CONTRACTOR shall provide the CITY with reports as the CITY may from
time to time reasonably require.
2.3 Information about Personnel. CONTRACTOR shall provide the CITY with such
information regarding the qualifications of its staff including professionals, volunteers,
and others, as is required by the CITY to verify that present and subsequent services
are being rendered by competent, trained, and properly licensed or certified personnel
CONTRACTOR &A notify the CITY within five (5) days of any change in ownership,
Board of Directors or Executive Director.
2.4 Confidential Information. The CITY shall endeavor to keep and maintain the
confidentiality of all information obtained from CONTRACTOR pursuant to this
Contract, including, but not limited to, confidential information regarding
CONTRACTOWs financial, statistical and program records and information about
Page 2
S�
CONTRACTOKs personnel The CITY shall maintain this information as private and
constituting trade secrets to the best of its ability and in accordance with the law.
3.1 Total Cost. The total amount to be paid by the CITY pursuant to this Contract shall
not exceed:
•0i
This amount shall be paid in quarterly installments of $684.02, as set forth in this
Contract.
3.2 Invoices,
A) The CONTRACTOR shall submit an invoice and request for payment for all
services provided under the terms of this Contract on a quarterly basis, and on
an invoice form acceptable to the CITY.
The invoice shall certify: (1) the time period during which such services were
provided; (2) the number of calls received by the CONTRACTOR; and (3) the
dollar amount billed to the CITY.
3.3 Late Request for Payments, The CITY has an absolute right to refuse payment on
invoices received or postmarked more than ninety (90) days after the date that invoiced
services were performed.
3.4 PPa=ent of Disputed Claims. The CITY may refuse to pay any claim which is not
specifically authorized by this Contract. Payment of a claim shall not preclude the CITY
from questioning the propriety of the claim. In the event that the CITY withholds
payment for fadure to provide services or failure to comply with any of the provisions
ofthis Contract, then no interest penalty shall accrue against the CITY. If an audit is
required by the CITY before an invoice is accepted for payment, then the standard
quarterly payment period shall not commence untd a completed audit is received by the
CITY. The CITY reserves the right to offset any overpayment or disallowance of claim
by reducing future payments.
3.5 Payment Upon Early Termination. In the event this Contract is terminated before
the completion of services, the CITY shall pay to CONTRACTOR for services
provided in a satisfactory manner, a sum based upon the actual time spent at the rates
stated in Paragraph 3.2
Page 3
S(V
In no case shall payment exceed the total contract price.
3.6 Final Payment. In accordance with Minn. Stat. § 290.97 final payment shall not be
made until the CITY is satisfied that CONTRACTOR has complied with the provisions
of Mmn. Stat. § 290.92. A certificate by the Minnesota State Commissioner of Revenue
will satisfy this requirement.
4.1 Gen r L The CONTRACTOR shall abide by all Federal, State or local laws, statutes,
ordinances, rules and regulations now in effect or hereafter adopted pertaining to this
Contract or to the facilities, programs and staff used to provide services for which
CONTRACTOR is responsible.
4.2 Licenses. CONTRACTOR shall provide proof of applicable licensure or certification,
which shall be attached as Exhibit 2. CONTRACTOR shall inform the CITY of any
changes in the above within five (5) days of occurrence.
4.3. Violations. Any violation of such laws, statutes, ordinances, rules, or regulations, as
well as loss of any applicable license or certification by CONTRACTOR shall constitute
a material breach of this Contract, and shall entitle the CITY to terminate this Contract
upon delivery of written notice of termination to CONTRACTOR Notwithstanding
any other provision of this Contract, such termination shall be effective as of the date
of such failure or loss.
4.4 Revision of Laws. In the event that there is a revision of Federal, State or local
statutes, rules or other law, which makes performance of the Contract or any portion
thereof unlawful, all parties will review the Contract and renegotiate those items
necessary to bring the Contract into compliance with the law. Refusal to renegotiate
within seven (7) days of a request, so as to bring the Contract into compliance shall be
cause for termination of this Contract as of the date when the Contract is out of
compliance.
4.5 Minnesota Law to Govern. This Contract shall be governed by and construed in
accordance with the substantive and procedural laws of the State of Minnesota, without
giving effect to the principles of conflict of laws. All proceedings related to this
Contract shall be venued in the State of Minnesota.
5. INDEPENDENT CONTRACTOR STATUS CONTRACTOR is an independent contractor
and nothing herein contained shall be construed to create the relationship of employer and employee
between CITY and CONTRACTOR CONTRACTOR shall at all times be free to exercise initiative,
judgment and discretion as to how to best perform or provide services. CONTRACTOR shall have
Page 4
s 7
discretion as to working methods, hours and means of operation. CONTRACTOR acknowledges
and agrees that CONTRACTOR is not entitled to receive any of the benefits received by CITY
employees and is not eligible for workers' or unemployment compensation benefits. CONTRACTOR
also acknowledges and agrees that no withholding or deduction for state or federal income taxes,
FICA, FUTA, or otherwise, will be made from the payments due CONTRACTOR and that it is
CONTRACTOR's sole obligation to comply with the applicable provisions of all federal and state tax
laws.
6. INDEMNIFICATION Any and all claims that arise or may arise on behalf of
CONTRACTOR, its agents, servants or employees as a consequence of any act or omission on the
part of CONTRACTOR or its agents, servants, employees while engaged in the performance of the
Contract shall in no way be the obligation or responsibility of the CITY. CONTRACTOR shall
indemnify, hold harmless and defend the CITY, its officers and employees against any and all liability,
loss, costs, damages, expenses, claims or actions, including attorneys' fees which the CITY, its
officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason
of any negligent or willful act or omission of CONTRACTOR, its agents, servants or employees, in
the execution, performance, or failure to adequately perform CONTRACTOR's obligations pursuant
to this Contract. The protection granted herein shall be provided without reference to the amount or
type of insurance maintained by the indemnifying party.
Any and all claims that arise or may arise on behalf of CITY, its agents, servants or employees as a
consequence of any act or omission on the part of CITY or its agents, servants, employees while
engaged in the performance of the Contract shall in no way be the obligation or responsibility of the
CONTRACTOR CITY shall indemnify, hold harmless and defend the CONTRACTOR, its officers
and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including
attorneys' fees which the CONTRACTOR, its officers or employees may hereafter sustain, incur or
be required to pay, arising out of or by reason of any negligent or willful act or omission of CITY,
its agents, servants or employees, in the execution, performance, or failure to adequately perform
CITY's obligations pursuant to this Contract. The protection granted herein shall be provided without
reference to the amount or type of insurance maintained by the indemnifying party.
7.1 General Terms. In order to protect itself and to protect the CITY under the indemnity
provisions set forth above, CONTRACTOR shall, at CONTRACTOR's expense,
procure and maintain policies of insurance covering the term of this Contract, as set
forth in Exhibit 3.
Page 5
8.1 A) Parties shall not enter into any subcontract for the performance of the services
contemplated under this Contract nor assign any interest in the Contract
without prior written consent of all parties and subject to such conditions and
provisions as are deemed necessary by the other party.
B) Any agreement between the CONTRACTOR and any subcontractor shall
obligate the subcontractor to comply with the general terms of this Contract.
C) Nothing contained herein shall be construed to create a contractual
relationship between the CITY and any subcontractor. The CITY shall not be
obligated for any payments due any subcontractor.
8.2 Successors. The CITY and CONTRACTOR each binds itself and its successors, legal
representatives and assigns to the other party to this Contract and to the partners,
successors, legal representatives and assigns of such other party, in respect to all
covenants of this Contract.
9.1 Default. If the CONTRACTOR fails to perform any of the provisions of this
Agreement or so fails to administer the work as to endanger the performance of the
CONTRACTOR this shall constitute default. Unless the CONTRACTOR's default is
excused, the CITY, may upon written notice, immediately cancel this Agreement in its
entirety.
9.2 Cancellation. This Contract may be canceled with or without cause by either party
upon thirty days' written notice.
9.3 Withholding of Payment. Notwithstanding any other provision of this Contract the
CITY may, after giving Notice of Default, withhold, without penalty or interest, any
payment which becomes due after Notice of Default is given, until the default is
excused or cured, or the Contract is terminated.
9.4 Non -Appropriation. Notwithstanding any provision of this Contract to the contrary,
this Contract may be terminated by either party in the event sufficient funds from the
CITY, the Metropolitan Council, State, County, or Federal sources are not
appropriated, obtained and continued at least the level relied on for the performance of
this Contract; and the non -appropriation of funds did not result from any act of bad
faith on the part of the CITY. If the Contract is terminated pursuant to this paragraph
the CITY shall not thereafter purchase similar services from another Vendor as were
Page 6
51
being provided by CONTRACTOR, for the duration of the full original term of this
Contract or the end of the CrI Y's fiscal year, whichever is greater.
9.5 Written Notice. Notice shall be made by certified mail or personal delivery to the
authorized agent of the party. Notice is deemed effective upon delivery to the party's
Authorized Representative. The CITY shall not be liable for any services provided
after Notice, except as authorized by the CITY in writing.
9.6 Effect of Termination. Termination ofthis Contract shall not discharge any liability,
responsibility or right of any party which arises from the performance of or failure to
adequately perform the terms of this Contract prior to the effective date of termination.
Nor shall termination discharge any obligation which by its nature would survive after
the date of termination
�§ a V "KT61 0 1UI i i
10.1 Rights Cumulative. All remedies available to either party under the terms of this
Contract or by law are cumulative and may be exercised concurrently or separately, and
the exercise of any one remedy shall not be deemed an election of such remedy to the
exclusion of other remedies.
10.2 Waiver. Waiver for any default shall not be deemed to be a waiver of any
subsequent default. Waiver of breach of any provision of this Contract shall not be
construed to be modification of the terms of this Contract unless stated to be such in
writing and signed by authorized representatives of the CITY and CONTRACTOR
i • _ID[_ e
11.1 Ate: to Mitigate. Both parties shall use their best efforts to mitigate any damages
which might be suffered by reason of any event giving rise to a remedy hereunder.
11.2 Damages for Breach/Set-Off. Notwithstanding any other provision of this Contract
to the contrary, upon breach of this Contract by CONTRACTOR, the C= may
withhold final payment due CONTRACTOR for purposes of set-off until such time as
the exact amount of damages due is determined.
12.1 Authorized Representative The following named persons are designated the
authorized representatives of parties for purposes of this Contract. Notification
required to be provided pursuant to this Contract shall be provided to the following
Page 7
named persons and addresses unless otherwise stated in this Contract, or in a
modification of this Contract.
To CITY:
Name: Patrick Geagan
Title: Police Chief
Address: 3830 Pilot Knob Road
Eagan, MN 55121
Phone: 681-4700
To CONTRACTOR
Name: Marty Forseth
Title: Director
Address: 481 Front Avenue
St. Paul, MN 55117
Phone: (612)232-1700
In addition, notification to the CITY regarding breach or termination shall be provided
to the office of the City Attorney, SEVERSON, SBELDON, DOUGBERTY &
MOLENDA, P.A., 7300 West 147th Street, Suite 600, EAGAN, Minnesota 55124.
12.2 Liaison To assist the parties in the day-to-day performance ofthis Contract and to
develop service, ensure compliance and provide ongoing consultation, a liaison shall
be designated by CONTRACTOR and the CITY. The parties shall keep each other
continually informed, in writing, of any change in the designated liaison. At the time
of execution of this Contract the following persons are the designated liaisons:
CITY Liaison: Kathy Bartel
Phone Number: 681-4700
CONTRACTOR Liaison:
Phone Number:
12.3. User Board. To fiuther assist the parties in the performance of this Contract and to
develop service, and provide ongoing consultation, CONTRACTOR agrees to meet
regularly with a User Board that consists of the CITY and any other cities that
contract with CONTRACTOR for similar services.
13. MODMICATTONS Any alterations, variations, modifications, or waivers of the provisions
of this Contract shall only be valid when they have been reduced to writing and signed by the
CITY and CONTRACTOR
Page 8
C�
14. SEVERABILITY The provisions of this Contract shall be deemed severable. If any part
of this Contract is rendered void, invalid, or unenforceable, such rendering shall not affect the
validity and enforceability ofthe remainder of this Contract unless the part or parts which are
void, invalid or otherwise unenforceable shall substantially impair the value of the entire
Contract with respect to either party.
15.1 No Other Rei mentations. This Contract is the final expression of the agreement of
the parties and the complete and exclusive statement of the terms agreed upon, and
shall supersede all prior negotiations, understandings or agreements. There are no
representations, warranties, or stipulations, either oral or written, not herein contained.
15.2 Exhibits. Exhibits 1 through 3 are attached and incorporated herein by reference.
N WITNESS WHEREOF, the parties have executed this Agreement on the dates
indicated below.
Approved as to form:
CITY ATTORNEY'S OFFICE
CITY OF EAGAN
CITY OF EAGAN
By: THOMAS A. EGAN, Mayor
By: E.J. VanOVERBEKE, Clerk
Page 9
�e �
STATE OF MINNESOTA )
ss.
COUNTY OF )
By
Title
Date of Signature
Corporation/Organization
CONTRACTOR
(Please have signature
notarized)
This instrument was acknowledged before me on 19_, by
, (title) of (company name)
who, being duly swom, represents and warrants that he/she/they is/are
authorized by law and all necessary board action to execute this contract on behalf of the
corporation/organization, intending this contract to be a legally binding obligation of the
corp oration/organization.
Notary Public
Page 10
4 3
EXHIBIT 1
SERVICES PROVIDED
A. General
CONTRACTOR will provide pre -arrival medical information to callers awaiting the arrival of an
ambulance, and whose emergency calls have been forwarded to it. Emergency calls shall be dealt
with according to the following procedure:
1. The CITY dispatcher receives the emergency call and the dispatcher then dispatches
the appropriate unit or units to that address.
2. The CITY dispatcher tells the caller that help is on its way.
3. The dispatcher then asks the caller if he/she would like to have the call forwarded to
CONTRACTOR for emergency medical instructions, before the ambulance arrives.
4. If the caller says "yes," then the call will be forwarded to CONTRACTOR.
B. Maintenance of Program Services/Equipment
In order to maintain a viable telecommunications system for the delivery of a pre -arrival medical
instruction (PAI) program, CONTRACTOR has established a system and procedures based upon
the Dr. Jeff J. Clawson Medical Priority Dispatch System or an equivalent system. These procedures
ensure the non -interruption of PAI service. The following are the procedures CONTRACTOR has
in place for the operations of their contractual PAI service to the CITY:
1. Maintain the operations of two (2) computer screens for telecommunicators during
normal operations.
2. Maintains a priority maintenance and repair procedure for computer(s) used in the
delivery of PAI service via written agreement with the HealthEast Management
Information Services (MIS) Department.
3. Maintain two (2) complete and up-to-date sets of "Medical Priority Dispatch" flip
cards for the provision of PAI services in the event of computer and/or system
failures.
4. Maintain software licensing agreement with "Medical Priority Dispatch Consultants"
for the technical servicing and program upgrades of PAI software.
5. Maintain a system to ensure uninterrupted/electrical power to the HealthEast
Dispatch/Communications Center. The back-up power system consists of:
A) Battery Back-up Power
B) Emergency Power Generator
6. Maintain a system to ensure the integrity of telephone communications to the
HealthEast Dispatch/Communications Center. The telephone system consists of:
A) Installation and maintenance of a T-1 telephone line system.
B) Cellular telephone back-up.
C) Individual telephone line assignment to the CITY.
7. CONTRACTOR will maintain a written set of policies and procedures to cover
emergency/contingency Dispatch/Communications Center procedures.
8. CONTRACTOR will continue to use the Dr. Jeff J. Clawson Medical Priority
Dispatch System, or an equivalent system, for the duration of this contract.
CONTRACTOR will consult with the CITY and the User Board prior to any change
from the Dr. Jeff J. Clawson Medical Priority Dispatch System.
C. Personnel Certification and Training
In order to maintain and ensure the appropriate staffing, training and credentialing of PAI system
telecommunicators, CONTRACTOR adheres to the following standards:
1. The Dispatch/Communications Center is staffed at all times with two (2) certified
"Emergency Medical Dispatch" telecommunicators, as that term is used in Dr.
Clawson's system.
2. All telecommunicators responsible for administering PAI service are trained and
certified at the twenty-four (24) hour "Emergency Medical Dispatch" course level
consistent with the requirements of Dr. Clawson's system.
3. All telecommunicators responsible for administering PAI service receives and
completes the required bi-annual continuing education for maintenance of their
certification at the "Emergency Medical Dispatch" level.
D. System Overload/Call Prioritization
In order to maintain a consistent system for the administration of PAI services as requested or
needed by the CITY, the CONTRACTOR, will adhere to the following standards:
1. Maintain the ability to handle two (2) simultaneous calls requiring PAI service.
2. Develop and maintain written policies and procedures that will guide
telecommunicators for the handling and prioritization of calls requiring PAI service,
when those calls exceed the staffing capabilities of the Dispatch/Communications
Center.
3. Keep and be able to produce accurate records on all instances when prioritization of
incoming PAI service calls had to be made. Records will include:
A) Time of day
B) Day of call
C) Number of dispatchers on -duty at the time
D) Any problems encountered in the prioritization of incoming PAI call requests.
E) Type of call (such as cardiac, choking, etc.)
E. Quality Assurance Program/Procedures
In order to ensure quality and consistency of PAI program services, CONTRACTOR will establish
and maintain a program in conjunction with the CITY to monitor CONTRACTOR's adherence to
the service contract, as well as for the documentation of efficient and effective service delivery.
1. Record audio logging tapes on all calls for PAI service and maintain recorded
tapes for a minimum period of twelve (12) months after recording.
2. Generate and submit CITY -wide PAI service data upon request of the CITY or to
a duly appointed PAI quality assurance committee.
F. Data Practices.
CONTRACTOR will provide the CITY with a written description of its policy and procedure for
handling data generated under this agreement in accordance with Chapter 13 of Minnesota Statutes.
3
EXHIBIT 2
CON'TRACTOR'S LICENSURE & CERTIFICATION
(See attached)
(41
EXHIBIT 3
CONTRACTOR'S INSURANCE
(See attached)
Agenda Information Memo
July 1, 1997 Eagan City Council Meeting
S. FINDINGS OF FACT — CITY OF EAGAN
ACTION TO BE CONSIDERED:
To approve the Findings of Fact relating to the rezoning of approximately 80 acres from I-1
(Limited Industrial) to BP (Business Park) initiated by the City of Eagan for property located at
the NE intersection of Lexington Avenue and Yankee Doodle Road.
FACTS:
At its regular meeting on June 17, 1997, the Eagan City Council approved a rezoning from I-1 to
BP for approximately 80 acres currently preliminarily subdivided as Eagandale Corporate Center
No. 2 located at the NE intersection of Lexington Avenue and Yankee Doodle Road.
BACKGROUND/ATTACHMENTS: (1)
Findings of Fact as prepared by the City Attorney, pages 7()— through ?3 .
In re: Rezoning of approximately 80 acres from Limited Industrial (I-1) to Business Park (BP) for
property located east of Lexington Avenue and north of Yankee Doodle Road (Eagandale
Corporate Center No. 2).
On April 15, 1997, the City Council directed that the staff initiate, through the public hearing
process, a proposal for rezoning of the southerly 80 acres of the Eagandale Corporate Center
Preliminary Subdivision from Limited Industrial zoning (I-1) to Business Park zoning (BP). The
owner of the property, Dart Transit, dba Maplewood Acres, also proposed a new preliminary
subdivision of 12 lots on property located north of Yankee Doodle Road and east of Lexington
Avenue in the City.
The Planning Commission held a public hearing on the rezoning on May 27, 1997 and
recommended rezoning of seven of the 12 potential lots to Business Park.
On June 17, 1997, the matter came on before the City Council of the City of Eagan, Dakota
County, Minnesota. A representative of the owner of the property appeared and spoke in favor of
the Planning Commission recommendation. The Council received and considered the Planning
Commission Minutes, input from staff and residents and also received and considered the Planning
Report together with all existing files, records and prior proceedings.
The Council discussed the proposed rezoning. Based upon all the files, records, prior
proceedings and input which was presented at the meetings, the Council makes the following
Findings of Fact, Conclusions and Resolution:
FINDINGS F FACT
1. The property is shown on the attached Exhibit "A", (the "site") is currently zoned
Limited Industrial (I-1).
2. The owner spoke in favor of rezoning to Business Park for the seven perimeter lots
within the owner's proposed subdivision.
3. The City conducted a truck/transportation study and identified industrial property
where trucking uses were deemed marginal and should be examined further to determine the
appropriate land uses. This parcel was identified.
Al o
4. That study is on file and of record with the City of Eagan.
5. The study and the City's Planning Department determined that the site is adjacent to
Eagan Promenade retail and residential development and other residential land uses. Yankee Doodle
Road links retail, corporate and residential uses on either side of the road. As a result, Yankee
Doodle Road has capacity issues. The Yankee Doodle Road corridor is very sensitive to impacts and
congestion which increased truck traffic may create.
Further, the City staff determined that existing and future development of the surrounding
area would be enhanced if truck traffic is routed away from Yankee Doodle Road toward Lone
Oak/I35E, Trunk Highway 149 and TH55. Development would also be enhanced in that area if
outdoor storage is prohibited or restricted so as not to be visible from either Yankee Doodle Road
or Lexington Avenue.
6. The City also finds that Business Park zoning is intended to accommodate
development of low intensity office, light industrial and supporting commercial service uses while
more intensive industrial uses which require outside storage and high truck traffic are excluded.
7. Retaining the interior lots as industrial leads to industrial uses which often require
outdoor storage and generate high truck traffic.
8. The City Council agrees with the applicant that zoning should follow lot lines and
therefore confirms that the Business Park zoning follows the lot lines of the proposed preliminary
subdivision of Eagan Corporate Center No.2.
CONCLUSIONS
1. This matter is properly before the City Council of the City of Eagan, Dakota County,
Minnesota.
2. The Eagan trucking study and a staff report on this particular rezoning are
incorporated into these Conclusions by reference.
3. Rezoning the property to Business Park will promote the development of low
intensity office, light industrial and supporting commercial service uses which are more suitable
when in relative close proximity to non -industrial development.
4. More intensive industrial uses may require outdoor storage and generally generate
high truck traffic.
5. By the greater weight of the record and the information presented, it is hereby
determined by the City Council of the City of Eagan that the property shown on the attached map
being approximately 80 acres should be rezoned from Limited Industrial to Business Park.
The City Council of the City of Eagan does hereby resolve that the approximately 80 acres
shown on the attached map is rezoned from industrial to Business Park.
Dated: Eagan, Minnesota this 2nd day of July 1997.
CITY OF EAGAN
By: THOMAS E. EGAN
Its: Mayor
By: E.J. VAN OVERBEKE
Its: City Clerk
J
E-mm�t6,�61,
tE�tiE�EE �.� 6
s»aaasaas »r
his :s• ;- �
OfEEieiE
�ttitrtrts �jri ;
ct�ttc E i •'
ks �i
ssEsEii
amaam t
pap;
't 3
l
0
m
m
Agenda Information Memo
July 1, 1997
ACTION TO BE CONSIDERED: To approve the 2"a and final payment of $500 for Contract
95-12 (Deerwood Reservoir — Logo) to Tight Rope, Inc., and authorize the City to accept for
perpetual maintenance subject to warranty provisions.
FACTS:
• Contract 97-12 provided for the installation of 3 logos on the Deerwood Reservoir. All work
has been completed in accordance with City prepared plans and specifications, inspected by
representatives of the Public Works Department and found to be in order for formal Council
acceptance of perpetual maintenance and authorization of final payment.
ACTION TO BE CONSIDERED: To approve a Cost Participation Agreement with MnDOT
for City Contract 97-01 (Emergency Vehicle Pre-emption — Signal Modifications) and approve a
resolution authorizing the Mayor and City Clerk to execute all related documents.
FACTS:
• Contract 97-01 provides for the installation of Emergency Vehicle Pre-emption facilities on
54 signals throughout the community. 28 of these signals are on a State Highway and
eligible for MnDOT participation.
• On December 4, 1996, the City Council authorized staff to prepare a Cost Participation
Agreement with MnDOT. Subject to the execution of this agreement, approximately
$216,000 has been allocated for their participation through the local Initiative Municipal
Agreements Program.
• On June 17, the City Council entered into a similar agreement with Dakota County for those
signals on the County road system.
• This agreement has been reviewed by the Public Works Department and found to be in order
for favorable Council action.
Agenda Information Memo
July 1, 1997
V. AMEND ACCESS EASEMENT, EAGAN CONVENIENCE CTR
ACTION TO BE CONSIDERED: Approve an amendment to an access easement from Lot 1, Block
1, Eagan Convenience Center, to Duckwood Drive and authorize the Mayor and City Clerk to execute
all related documents.
FACTS:
• With the platting and recording of the Eagan Convenience Center (Tires Plus) in May of 1986, the
City required the dedication of an access/cross easement to the City and Franks Nursery for public
access to Duckwood Drive opposite the Town Center Drive intersection.
■ During a change in ownership, the title company discovered a conflict in the legal description for
this access/cross easement, which is being corrected through an amendment. Although this
easement is primarily of a private nature between two properties, the City of Eagan was an original
signature to the access easement and as such has been requested to execute the amendment.
All issues associated with this request have been reviewed by the Public Works Department and
found to be in order for favorable Council action.
W. EASEMENT VACATION, TARA COURT
ACTION TO BE CONSIDERED: Cancel the public hearing scheduled for July 15 for the
consideration of a vacation of a ponding easement over Lot 3, Block 1, Tara Court, and retain/refund the
application fee.
FACTS:
• On June 17, the City Council received a petition from the property owners of Lot 3, Block 1, Tara
Court, requesting consideration for the vacation of a pre-existing underlying ponding easement that
preceded the recording of the fmal plat in February of 1981. The Council action also scheduled a
public hearing to be held on July 15 to formally discuss the merits of this request.
• During the City Attorney's Office review of this application, it was determined that there is no need
to vacate the underlying easement as a strict interpretation of the description conforms with the
platted easement and does not unduly encumber the residual buildable portion of Lot 3.
• The applicant has requested that his original petition be withdrawn and the public hearing scheduled
for July 15 cancelled.
• City staff received this latest request within a time frame to stop the publication of the legal notices
in the newspaper. Therefore, it would be appropriate for the City Council to formally cancel the
public hearing previously scheduled by Council action.
ISSUES:
• Approximately $150 of expenses have been incurred by the City to date in processing the
application, including the City Attorney's review. Does the City Council wish to consider refunding
any portion of the $300 application fee or should that be the applicant's responsibility and risk when
submitting an application? Staff cannot recall any previous situation where a partial refund was
warranted or considered under similar circumstances.
ATTACHMENTS:
• Refund request letter, page.
RFCEIV'cD JUN
2 a 199T
TIMOTHY W. J. DUNN
MEGAN L. FARICY
FARICY AND DUNN, P.L..L..P.
ATTORNEYS AT LAW
1616 FIRSTAR CENTER
101 EAST FIFTH STREET
ST. PAUL, MINNESOTA 55101-1808
TELEPHONE: 1612) 297-8464
City of Eagan
City Hall
Attn: Craig Knudsen
3830 Pilot Knob Road
Eagan, MN 55122
June 25, 1997
RE: Wachtler Petition to Vacate Easement
Dear Mr. Knudsen:
OF COUNSEL
RAYMOND W. FARICY, JR.
Lor 3, Rik lj 7-+�Z4- &"/Z.7—
Based upon the documentation you have supplied to us, pleas be
advised that we are withdrawing our Petition to Vacate an Easement
that was sent to you under date of April 14, 1997. Would you
kindly remit the Administration Fee that was previously sent at
that same time.
Should there be any questions concerning this, please feel
free to contact the undersigned.
RWF/j d
Very truly yours,
Raymond W. Faricy, Jr.
1CIO
Agenda Information Memo
July 1, 1997 Eagan City Council Meeting
X. INITIATE REZONING — CITY OF EAGAN
ACTION TO BE CONSIDERED:
To direct staff to initiate a Rezoning process from I-1 to BP for approximately 42 acres located
north of the Eagan Promenade and west of Lexington Avenue in the southeastern quarter of
Section 10.
FACTS:
At its special workshop on June 24, 1997, the Eagan City Council reviewed the status of this
property and requested that it be placed on a regular meeting agenda for the purpose of directing
staff to initiate this Rezoning by scheduling a public hearing before the Advisory Planning
Commission at its July 22, 1997 meeting.
BACKGROUND/ATTACHMENTS: (1)
Map of area to be rezoned, page —W—.
"1
�
A
I ILYlL3M
Viiia \�. inln3ir7 . `3DrurgaS.•
yttti�i.KAlt M� �'+ • �1 i••l:.a. � 1 u
w rL
z
0
P
r_
4
z
N
z
0
z
R
W
mi
m
ll" '
F.
'
1
atVaaa�Lap�
-•
p°I
tNp ttoo N N t�
O tV Ncq
to
(A
Lc IL
�
Q n o tpp� C*o
0 t0 N q
I
0 v
0 N
a ��yy
I
r tD N�
QQ]0a
0 0 0 0
z
0
P
r_
4
z
N
z
0
z
R
W
mi
m
ll" '
F.
'
1
4 ��
�\ m
31 1
lr I
:n
1 P
I
I .r
ofIJb 7tlrta,�
L ••
�-
--KY112�'4K
r L 1
! ,
4 ��
�\ m
31 1
lr I
j4
—� j wr••x•
- do
/s;t+t
N
. • ; 1 : � Qjv
�^� fes: - o -
v a ••� • /.S• �F �o X01 '+.i Y/1 ii N bl LILI L• LJL S M ..m 3 �\
• �tj�
It _a ..a� � �� ; � �
1 +C����.� �• I ,i Js I I
�+ •r 4 ' !
4
btu • v
'�►' y. ..1 \ ; CT.Oftq,r I tr of 11 m tll
rAb
�IIf.� A •LO4 � F•. Z ¢ .
L L ��• tW.Li�Y - ��- --{l191L-.�-N.I Ifo -t '\ •� r S �+ IZ i
v iG: 1L63 ^. i I L I f
o..> /L.c w >i i Q-.Y.sro':�. c[i • 4. 1 J _C
tltq - i .I
t s t
rR >K
- I 0. -6 M ,/I
L/tL _K,, LOON----�----,1•-
Agenda Information Memo
July 2, 1997 Eagan City Council Meeting
Y. TREE CONTRACTOR LICENSE, RIVER JUNCTION TREE SERVICE
ACTION TO BE CONSIDERED:
To approve a tree contractor license for River Junction Tree Service as presented.
FACTS:
• The City is in receipt of a tree contractor license application from River Junction Tree
Service operating out of Prescott, Wisconsin.
• City Code requires that tree contractors be licensed on at least an annual basis.
• The application has been reviewed by staff and is in order for consideration by the Council.
Z. FERTILIZER APPLICATOR LICENSE
FOR GUARANTEED TURF CARE
ACTION TO BE CONSIDERED:
To approve a fertilizer applicator license for Guaranteed Turf Care as presented.
FACTS:
• The City is in receipt of a fertilizer applicator license from Guaranteed Turf Care operating
out of Eden Prairie, Minnesota. As a part of the City's efforts to limit phosphorus and other
dangerous chemicals from the City's environment, City Code requires that persons applying
fertilizer on a commercial basis be licensed on at least an annual basis.
• The application has been reviewed by staff and is in order for consideration by the City
Council.
Agenda Information Memo
July 1, 1997
ACTION TO BE CONSIDERED: To receive the final assessment roll for Project 712 (Surrey
Heights Addition — Streetlights) and schedule a public hearing to be held on August 5, 1997.
FACTS:
On April 15, 1997, the City Council held a public hearing and subsequently approved the
installation of residential streetlights within the Surrey Heights Addition. This contract was
subsequently completed by the Dakota Electric Association.
• This public improvement has been completed, all costs tabulated and the assessment roll is
now being presented to the City Council for their consideration of scheduling a public
hearing to formally present the final cost to the affected property owners. The final costs are
less than those estimated in the feasibility report presented at the neighborhood meeting and
public hearing at which time no objections were received.
159
EAGAN CITY COUNCIL MEETING
JULY 1, 1997
OLD BUSINESS
A. SLATER ROAD sidewalk vroDosal
ISSUE:
Which side of Slater Road should a sidewalk be placed as It proceeds north from Wall Street to
James Street and then up to Cliff Road.
HISTORY/BACKGROUND:
Last August, the City Council approved the construction of a sidewalk on the west side of
Slater Road from the Burnsville border to Wali Street, which Is within the Whispering Woods
10th Addition. This sidewalk was a condition of the preliminary plat. Plans had been
prepared to cavy the sidewalk to James Street and Slaters Acres Park, which Is located on the
east side of Slater Road at James Street. Concurrent with the discussion of the sidewalk was
the Issue of installation of a stop sign on Slater Road at James Street. Some of the residents at
the Council meeting in August questioned the need for the sidewalk. Others, who felt the
sidewalk was needed, questioned why the sidewalk would not go on the east side because there
were fewer homes affected.
Final direction from the Council was to have the developer install the sidewalk on the west side
from the Burnsville border to Wall Street as part of the Whispering Woods 10th Addition
development. This would tie In with the existing sidewalk in Burnsville. The Council further
directed staff to meet with the affected residents to determine which side the trail should go on
from Wail Street north to Cliff.
NEIGHBORHOOD_ MEETING / FACTUAL DATA:
Staff held a meeting on Wednesday May 28 for all residents along both sides of Slater Road.
(Notations from that meeting are attached.) The Council will note that there was no definitive
conclusion reached by the affected residents. Perhaps the most solid conclusion was that there
Is a realization that a sidewalk is needed given the increased volume of traffic that is now being
experienced on Slater Road and the likelihood that it will Increase.
At this point, there does not appear to be any one singular Issue or overwhelming evidence
from the neighborhood to support one side over the other. It was obvious to staff, and
certainly through pronouncements from many residents, that they did not want this to become
an issue that split the neighborhood, pitting west side residents against east side residents.
The neighborhood meeting did raise a number of questions. The notes will provide the
Council with a good background of the issues raised. Perhaps the most significant aspect
Identified at the meeting on the 28th is the speed at which vehicles were reported to have
reached as they came down the hill from Burnsville and the curve In the road just south of Wall
Street. Because of these two concerns, there Is some rational for not directing pedestrian
traffic across the road to the east side at this location. (Staff, at the request of residents, did a
speed study which is summarized later in this memo)
Relative to the number of driveways and street crossings, there are 5 of 12 homes with front
yards which would be impacted by a sidewalk on the west side, and 7 of 16 homes with front
yards on the east side. There are five public streets on the west side and three on the east side
with a stop sign at James Street.
Road right-of-way north of Wall Street to a point 105 feet south of James Street Is 100 feet
wide. The 44 foot wide road provides 26 feet of boulevard right-of-way behind the curb on
each side. North of James Street the right-of-way Is 80 feet, or 18 feet of right-of-way on
each side of the street. This right-of-way provides sufficient room to build a sidewalk to City
design standards. There are 237 developed lots on the west side and 121 lots on the east side
from Burnsville to Cliff Road.
Building setbacks from the right-of--way/property line for the houses along Slater Road are set
at the standard 30 to 35 feet in width. Due to the extra right-of-way, this equates to front
yards of 48 to 63 feet from the back of curb on Slater Road as compared to 41 to 43 feet for
a typical residential street. Subsequently there Is 7-10 feet more boulevard green space to
Incorporate a sidewalk or trail than typically available.
ADDITIONAL COMMENTS/LETTERS
Staff has received additional comments and letters in regard to this issue, both before and after
the meeting. Those letters are attached.
PRO] ECT COSTS:_
There would be no assessments associated with the project. Funding would come from the trails
dedication fund. Staff has done a preliminary cost estimate, which is also attached. Council
will note that there Is very little difference in cost from one side to the other.
PROTECT FEASIBILITY:
Sidewalk construction on either side of Slater Road Is feasible from an engineering standpoint
and is In accordance with the objectives set forth in the City's Master Trails Plan. Concrete
sidewalk has been constructed in similar existing residential areas within the City, as well as on
the west side of Slater Road between the Burnsville border and Wall Street as a requirement of
the Whispering Woods 10th Addition. There would be no significant difference In
construction requirements or methods for the placement of the walk to City standards on
either side of the street.
SPEED STUDY/TRAFFIC COUNTS:
Staff recently conducted a traffic speed study on Slater Road just south of Wall Street. The
summary results are as follows:
50th Percentile Sn_ eed (MPH) 85th Percentile Speed (MPH)
Southbound Lane 29 34
Northbound Lane 32 38
Composite 31 37
Note: Posted speed limit for Slater Road is 35 MPH
24-hour traffic counts were also recently taken at two locations on Slater Road:
Eagan/Burnsville border 1,898 trips
South of James Street stop signs 3,232 trips
Typical capacity of a 2 lane road
With shoulder/safety lanes (44' total width) 5,000 trips
Q�-
SIDEWALK CONSTRUCTION STANDARDS:
Staff has surveyed other communities regarding their standard dimensions for sidewalk width
and boulevard green space between sidewalks and curb lines. Their standards are as follows:
Sidewalk Width �(ftl Boulevard Space (ft)
Burnsville 5 8-10
Maple Grove 5 8-10
Apple Valley 6 6*
Woodbury * * 8-10
Apple Valley's standard has the sidewalk located 1 foot from property line with a minimum of
6 feet boulevard green space for narrow rights-of-way.
* * Concrete sidewalks are generally not constructed in Woodbury. Current standard is an 8 foot
wide bituminous trailway.
FOR COUNCIL ACTION:
Motions for consideration by the Council:
1. Direct staff to proceed with engineering for the construction of a sidewalk on the west
side of Slater Road to Cliff Road.
2. Direct staff to proceed with engineering for the construction of a sidewalk on the east
side of Slater Road to Cliff Road.
3. Direct staff to proceed with a sidewalk on the west side to James Street and with a
sidewalk on the east side from James Street to Cliff Road.
Alternative Motions:
There are a number of alternate motions that might be considered In locating this trail on
either side by crossing over and back at various locations. This would, however, become
difficult for the user and may increase the risk for pedestrians if crosswalks are not done at
controlled intersections.
The Council could also consider not putting in the sidewalk or consider a stripe in the
street, with the obvious consequences of again putting walkers/bikers and youth at risk.
ATTACHMENTS:
• Minutes from May 28, 1997 neighborhood meeting.
• Residents attending May 28 meeting.
Public communication. �� �� A
Slater Road Sidewalk Neighborhood Meeting
May 28, 1997
5:30 pm
Staff present: John Gorder, C. J. Lilly and Ken Vraa.
Ken opened the meeting Introducing the other City staff, noting that the City had sent out
letters to those properties that were abutting Slater Road because these would be the most
affected by any sidewalk. Nearly 100 letters went out. Ken noted that the City Council
had directed this meeting be held with the residents for the purpose of identifying the issues
associated with a trail along Slater Road and to identify which side the sidewalk should go
on. The City was also Interested in learning what Impacts would be associated with trail
construction from the neighbors perspective.
John Gorder then presented Information relative to existing conditions. Slater Road Is
classified as a collector street; 44 feet wide within the 80-100 foot road right-of-way
which means the City has from 18 to 28 feet on each side of the road for the sidewalk.
John went on to explain that the standard for sidewalk construction is eight feet of green
space back of curb for a safety zone, signs and snow storage followed by a six foot wide
sidewalk, for a total of 14 feet. The project would be funded through the City's Trail _.
Dedication Fund so there would be no assessment associated with the project. The project
would be proposed to be constructed at one time, meaning that the sidewalk would
continue north from where It ends at Wall Street to Cliff Road. Recent traffic counts show
that the present ADT is from 2,400 to 4,600 trips, up from the 3,300 trips recorded a
few months earlier. This increase in volume is attributed to the residential development that
Is now occurring and will continue to grow as the remaining property Is developed. John
also noted that a 3 -way stop sign was Installed last year at James Street and Slater Road
near Slater Acres Park.
Ken then explained the agenda for the remainder of the meeting noting that there were
several options that were open for discussion.
1. The no build option, which has been suggested. This option falls to recognize the
Increased traffic and concern for safety that parents have expressed for children
who travel up Slater Road to the park and to the commercial area along Cliff Road.
2. The dedicated pedestrian lane marked by a stripe In the street. Ken noted that the
city has used this on a local residential street in the Weston Hills Addition, but there
Is growing sentiment that this compromise resolution in this neighborhood is not
very well received. This option would be even less likely to work on Slater Road
given the traffic volume on this collector street and the speed of traffic. It was also
noted that this option gives pedestrians a false sense of security because there is no
physical barrier between a car and a pedestrian and therefore nothing to prevent a
vehicle from going over the striped line Into a pedestrian.
�y
Slater Road Sidewalk Minutes
Page 2
3. The option to continue the sidewalk along the west side of Slater Road up to Cliff.
4. This option is to cross over at Wall Street, where the sidewalk now ends, and then
continue up the east side to the park and beyond to Cliff Road.
S. Cross over and back options. There are several possibilities if the neighborhood
wants to consider crossing over and back. For example the sidewalk could cross
over at Wali Street to the east and proceed to James and the park, then cross back
to the west side or continue up the west side and then cross over at James by the
park and then continue up on the east side.
Ken then went on to introduce C. J. Lilly who shared a survey of the right-of-way along
Slater Road and some photos of both sides of the street. He reviewed segments of the road
and identified known and observable obstacles and the probable solution to accommodate
the sidewalk. Residents were welcomed to volunteer other Information that staff may not
be aware of.
C. J. went through the first segment of roadway from Wail Street to Slater Court
Identifying street lights, cable boxes and sign posts that would have to be relocated. Several
small trees were Identified for transplanting or trimming.
4816 Slater Road asked about the sprinklers at this address.
Response: The resident will have to work with the contractor to remove and then
replace (if they wish) those heads that are In the right of way. This would be the
homeowners obligation.
4807 Slater Road asked about a steep slope
Response: If a 3 to 1 slope, which Is considered as maintainable, can be put In then
that's what would be done, however, If the slope Is steeper It may require a small
retaining wall. (It appears that in this location that a retaining wall will not be
required)
CJ then reviewed the next section of road to James Street.
4722 Slater Road noted that there Is underground irrigation at this address.
4790 Slater Road also noted Irrigation at this address.
2224 James Street questioned an evergreen tree and who would move It.
Response: If this Is a small tree that a property owner planted and wanted to keep,
he should relocate it outside the right of way. Typically, on projects like this with
trees in the road right of way, they would simply be removed.
4719 Slater Road questioned how much of the shrubs would have to be moved back?
Response: From the photographs, it's hard to tell, but It appears that very little
would have to be moved back.
2223 James Street said there Is a sign, street light and tree in the way.
a!
Slater Road Sidewalk Minutes
Page 3
Comment on the speed on Slater Road:
Joe Repya, 4813 Slater Road said his notes show that from the speed study done
last year by the City, 51 % of vehicles were over the speed limit on Slater Road.
Question: Where would the trail end at Cliff?
Response: The trail would end short of Cliff Road at a point that would eventually
tie Into the proposed trail on Cliff Road which Is a County trail. The County
would build the trail at the time Cliff Road Is upgraded from a rural section at this
location to an urban section
Question; What do you do when the sidewalk crosses over a driveway?
Response: The contractor will saw cut the driveway out, modify the grades and
Install the sidewalk. A concrete driveway apron is then installed. The sidewalk Is
thickened from 4" to 6" at the driveway location.
Question: Does homeowner then pay for the driveway apron?
Response: No, It's part of the project cost.
Question: Is it possible to put a barrier, such as some type of baIlard or curb In the street
to define a trail?
Response: This would reduce the size of the street and in the winter would create
problems for plows and snow storage.
Question: How has it been determined that there should be eight feet of space before the
sidewalk?
Response: This Is a standard engineering practice which creates an eight foot zone
for safety, snow storage In the winter and the area in which road signs are placed.
Staff noted that there are sections in the community where the trail are closer to
the street but this has been the result of some significant obstacle or Issue that
could not be solved any other way. For example, a building or topographic
problem. Here it does not appear to be the case with adequate road -right -of -way.
Question on Sidewalk width, noting that Burnsville has a five foot wide sidewalk.
Response: Eagan also has some locations with a five foot width, but has abandoned
that standard years ago, because five foot is not wide enough to cant' foot traffic,
various types of "wheel" toys and other types of transportation that now occurs.
Mr. Repya asked those present how many were opposed to the sidewalk and then how
many were In favor of the sidewalk?
(Staff did a quick count and noted that 8 raised there hand as opposed and 9 were in
favor, although It also appeared there were a couple of individuals who did not indicate
either way their preference)
Comment: Maybe you should ask the question as to how many of us would favor the
sidewalk If It didn't take up so much space?
Slater Road Sidewalk Minutes
Page 4
There were additional comments made about the 8 foot space being too consumptive of
front yards, but that It also made sense that there be a sidewalk because It's obvious that
traffic volumes have increased and will continue to Increase as the residential development
continues.
Residents then discussed at some length the problem of Increased traffic and speeds from
people coming from the south, noting that there Is a hill they come down. It was noted that
the stop sign helped but there needs to be more traffic control. A comment was made that
the police recently (February) did a speed check, but that It was done with a marked car
and people saw it and slowed down. A check needs to be done with a less conspicuous
vehicle to get a true reading. Several comments were made that If the city were to close
the interconnection with Burnsville that would not be an issue and people could walk in the
street. Another person commented that the street still would not be a place for kids to
walk and that we need a safe way for the kids to get up to Cliff and the Super America
station. Another comment was made that it's obvious we need a sidewalk for safety of the
kids.
Question: How much right of way does the City have and will they have to acquire
property form the homeowners?
Response: The City has sufficient road right of way on both sides to put in the
sidewalk and will not require any additional land acquisition.
Question: Could the City put in a stop light?
Response: Stop lights are very expensive and reserved for major street
connections where traffic volumes warrant.
Question: What about a trail that would go along the (highway) fence on the east from the
park up to Cliff.
Response: (From the audience) The kids wouldn't use It because it's not a logical
and short way of getting to Cliff. Kids are going to use the shortest route which is
Slater Road.
Question: How many driveways and front yards will the sidewalk cross if it's on the west or
the east side.
Response. There are 12 homes on the west side with five of them being front
yards; and 16 homes on the east side, seven of them being front yards.
Question: Which side has the majority of the population?
Response: It appears that It's about equal In terms of platted lots with about 100 on
the west and 97 on the east.
Comment: It doesn't make a lot of sense to have the trail cross back and forth from were it
Is now to the park and then to Cliff Road unless there are stop signs and control markings.
Slater Road Sidewalk Minutes
Page 5
Question: We don't want to have this be an issue of east side vs. west side neighbor, maybe
the trail should go on both sides, Is that possible?
Response. That would have to be a City Council decision. The cost could be a
prohibitive factor. Collector streets like this typically have only one trail.
Question : What is the timing on this sidewalk?
Response: It's likely that this Item will be on the first Council meeting in July. If
approved, final plans and specifications would be developed and out for bid In late
August. Fall construction seems likely.
Comment: This would be less of an Issue as to what side the trail would go on if you didn't
need fourteen feet from back of curb to the back of the sidewalk
At this point Ken summarized the meeting by saying there didn't appear to be a consensus
opinion as to what side the sidewalk should be on, but it does appear that the stripe In the
street option Is not favored at all and that there Is a growing opinion that a sidewalk Is
definitely needed because of the increased and still growing volume of traffic. There Is also
a concern for how much space is being taken for the sidewalk.
Ken then said that the report that will be forwarded to the City Council will be available to
the public at City Hall on the Thursday prior to the Council meeting at which it is
scheduled.
Ken mentioned that if there were additional questions, residents could call John or Ken. If
there are additional comments to be made, a letter could be sent which would be Included
with the information that will go to the Council when they consider this issue.
Attachment: Attendance List
Prepared from notes by Ken Vraa
/7%ay Z8 1 /577
"o e,
)Zr. 4- PoA —Aj;4�e-
�c%I/Y1 AIC-Ho1Roz Al2IG S4,17CR CT,
�p JIE�eMiT � 1.1« -�IfTEIJPoS� 516G3liJILawoo.t� S7,
6
sir
/L �W�,L LnuGrtt�l
/-7 b.uC�
/�2 TaY J
� �
517,413 L%•c..
LF7go Sr.+r&-,e <1.
7 7 Z Z 4, Se.
tit
,(Yql Nooll �1,
11845 U�oo& 0-4-
7
Z/
2z
ZZ
q ()
May 23, 1997
Mr. Ken Vraa
Director of Parks and Recreation
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Dear Ken:
I am a resident of Slater Road and received your letter of May 16 concerning the installation of sidewalk
on Slater. 1 hope to attend the meeting next week, however business may take me out of town. In the
even that I am unable to attend, I wanted to voice my opinion on this issue.
I have spoken with many of the residents on Slater and our combined input and feelings are referenced on
the attached sheet.
I trust that a logical decision will be reached concerning this issue. If you would like to contact me
concerning this issue, my home phone number is: 894-2456
Sincerely,
11;
Bruce M. Edwards
�j
Facts concerning a sidewalk on
Slater Road
Referencing the upcoming meeting on May 28th at 5:30pm
Eagan Municipal Center
1. The sidewalk is currently on the west side of the road in Burnsville.
2. The sidewalk is currently on the west side of the road in Eagan.
3. The City of Eagan installed a portion of the sidewalk north to Wall Street on the west side of
Slater Road and had plans to continue the sidewalk on the west side until residents of that side
objected.
4. There would be a total of 12 homes impacted by the sidewalk on the west side of Slater Road.
5. There would be a total of 16 homes impacted by the sidewalk on the east side of Slater Road.
6. There would be 5 (out of the 12) homes with front yards impacted by the sidewalk on the west
side of Slater Road.
7. There would be 7 (out of the 16) homes with front yards impacted by the sidewalk on the east
side of Slater Road.
8. A stop sign that currently exists at James and Slater permits pedestrian crossing to Slater
Acres Park. If the sidewalk was moved to the east side, a second stop sign would have to be
installed at the Wall Street / Slater intersection.
9. The majority of the population that would utilize the sidewalk lives on the west side of Slater
Road.
10. Property on the east side of Slater Road north of Warrick Court is zoned for Commercial
development. If and when this development occurs, pedestrian traffic on this side would have
to contend with auto traffic entering and leaving the businesses.
The data supports keeping the sidewalk on the west side of Slater Road. There would be
continuity and safety for pedestrians utilizing the sidewalk and fewer properties impacted by
maintaining the sidewalk where it currently exists.
q42-
To:
From:
Re:
April 7, 1997
Mr. Tom Colbert, Director of Public Works
Mr. Ken Vraa, Director of Parks and Recreation
Forward to City Council/any involved individuals or departments
Chuck and Sue Sieleni
4822 Slater Road
Eagan, MJF 55122
(612) 894-1131
Slater Road sidewalk construction
Dear Sirs:
With this letter, we would ask to officially go on record with
several concerns that we have about the proposed extension of a sidewalk
to the north of Storland Road.
We have owned a home on the east side (4822) of Slater Road since
June of 1986. This home was built by the Hilla family. Last year, we
were made aware of the proposed sidewalk extension, and it was our
understanding that the construction was to take place on the west side of
Slater Road. We further understood that the sidewalk would be six feet
wide, and would be placed fourteen feet in from the curb.
At a city council meeting last August, We became aware that a
homeowner on the west side of Slater Road had in his possession a
petition containing many names (approximately 50?), urging the Council
Members to approve moving the sidewalk to the east side of Slater Road.
The reasons cited with this request were that construction on the west
side would lead to the destruction of landscape, the necessity to move
underground sprinkler pipes, the removal of mature trees, and the fact
that on the east side of the street, only two driveways would have to be
crossed.
Our concerns are as follows:
We do not feel that this sidewalk is necessary. There is very little
foot traffic on Slater Road. The families in this neighborhood would
benefit more by the Eagan City Council rescinding the decision to have
Slater Road connect with Burnsville Parkway. Far too many cars use
Slater Road as an access to and from Burnsville, grossly in excess of the
speed limit. 3
Page 2
If such a petition exists concerning this project, and if it does have
50 names on it, this petition should have no validity, as there are not 50
homeowners on the west side of the street that will have their property
affected by this construction. Also, an equal amount of landscaping,
sprinkler pipes, trees, natural growth, and natural grade would be
disturbed if this sidewalk was placed on the east side.
It is true that only two driveways would be disturbed on the east
side. Our driveway, and that of Mr. John Larson, at 4818 Slater Road.
These two driveways are now quite steep. Our driveway rises
approximately 30 inches in the first 20 feet from the curb. By visual
assessment, Mr. Larson's driveway is at a steeper grade than ours. Any
increase in this grade is our greatest concern for several reasons.
First is that Mrs. Sieleni was in a motor vehicle accident in 1993.
She is now regarded as permanently disabled, and most of the time, must
walk with the aid of a cane. The current slope of our driveway is very
physically challenging to her. If our driveway were to be made steeper to
accommodate a sidewalk, it could be impossible for her to access the
street, or our mailbox.
Another concern is access to the street with our motorhome. This
vehicle is 28 feet long, and has a measurement of 10 feet, 3 inches from
the rear axle centerline to the rear bumper. The enclosed pictures will
show that any change of slope to our driveway will make our driveway
inaccessible with our motorhome.
We cannot begin to imagine how a level sidewalk could be built in
the area from 14 to 20 feet in from the street without very major
disruption to our landscaping and driveway, at a cost most likely to us, in
the thousands of dollars. We should note here that neither ourselves, or
Mr. Larson have any plantings or subgrade equipment in the city easement
that separates our property from Slater Road, as per city code
requirements. The same cannot be said for some houses on the west side
of the street.
In talking to Mr. John Gorter, we found out that the original plan
from years back called for this sidewalk to be on the west side of Slater
Road. The west side is relatively flat and will not require major grade
changes. It would also make sense to continue the sidewalk on the west
side, allowing pedestrians to cross to Slater Acres Park at James Street,
by the newly installed stop sign.
Considering the original plans for west side construction, the
possibly very large landscaping expense we could incur, the loss of access
to our property by our vehicle, and most importantly, the increased danger
to Mrs. Sieleni's well being, we do not recognize any petition, and would
respectfully request that the City of Eagan proceed with construction on
the west side of Slater Road as planned, d it is to be at all.
Page 3
The enclosed pictures may be kept on file with this letter. We would
also be most interested in meeting with people from the city engineering
department at our location to discuss how east side construction would
affect our property and vehicular/pedestrian access, or how any east side
construction, if it so proceeds, could be modified to minimize impact on
ourselves and the Larson family. As a scheduling note, We will be out of
town from 5/16/97 through 6/8/97, so please keep us informed as to any
meetings during this time frame that concern this project.
Respectfully:
Cha.r� �A! ieleni
usanne Sieleni
encl.: 12 photos of driveway/motorhome access at 4822 Slater Road
9s
June 11, 1997
Ken Vraa
City of Eagan
3830 Pilot Knob Rd.
Eagan, MN 55122
Re: Proposed Slater Rd. Sidewalk
Dear Mr. Vraa:
We attended the Slater Rd. sidewalk meeting that was held on Wednesday, May 28.
Our first preference is that the neighborhood remain as it is with no sidewalk. We feel some
additional striping can be done to Slater Rd. to better distinguish walking/biking areas.
If a sidewalk should be constructed in the neighborhood, we would like to see the sidewalk placed
on the east side (Slater Acres Park side). We feel there would be less impact to the neighborhood
if the sidewalk is placed on the east side because there are two substantial land areas that do not
affect residents' yards. The two areas are:
• Slater Acres Park
The area just past the home at the comer of Warrick Ct. that runs along Slater Rd. up to the
Amoco station at Cliff Rd. (a very large area).
If the sidewalk is placed on the east side of Slater Rd., there are only four streets people will need
to cross. Of these four streets, two are courts and one is a dead end street. If the sidewalk is
placed on the west side of Slater Rd., people will be crossing seven streets, all with through
traffic.
Most importantly, we would like to see the proposed specifications of a six-foot wide sidewalk
placed eight feet in the from the curb, reduced to smaller dimensions. The sidewalk in the
Burnsville section is five feet wide and seven feet in from the curb. We feel these dimensions are
adequate for a sidewalk that might be placed in our neighborhood. By reducing the dimensions,
the sidewalk would not have as dramatic of an affect on the natural terrain, residents' yards, and
some of the neighborhood's appeal could be retained.
Thank you for considering our concerns regarding a possible sidewalk in our neighborhood.
Sincerely,
Dean and Patricia Twite
2224 James St.
Eagan, MN 55122
Phone: 890-7272
� �0
____.. __. GfG�•U Cj �. � 'it/ ��GA��S__�'� S��l'7'�l� ��
:�'�i?�E�, �{� � ��s�',ti� o-�' S�AT�� J��•pJ
vv a u L
Cil
����-t S Ti'��� �6 ✓li�T f lQlrylj ��j��i�,Z
d � � Esu >'�v � S��p ��� 1?a�v � ir•v.S ,�f_ �r�
" J
:�-�G✓ E��"��v c�"� ip _Ti'Q� 1�:,v� �p.�v� �iX�,�7�Lr�i'•�
I�1�•nS� �a c>s j�E".� � S��J/ �rv� i07>I/�S� Ot���
1
'-' ___- -_- -
_--- -____ -------__ _----__--'--___--_-
- '� -^ ^� '~ '
- _--_--__-_.__-�__-'_~ ~ .' --'--^_~^- _- -_
-___---_-_____-- ____' ''-_-----~�' __-_ _ _-~� ~~ - ^
���� �� ���������� �������� �
' _-_- �� _ _ '_
- __'_
`
|
----�- --- f~ ''------'�------ '---'
|
__._-_'__--_-___-____--__-__- _ -_-----
/
_______-_- -�-_-___'__ _____'___'----
_ _ ____�__________ ____
|
��-_- - _ _ -_ .-
-__-_- - _--- _ - __�__�
�
�
` �
�/
�
city of eagan
engineering division
Customer Request Form
Date: 5' 20-17 Time: 3; / fM Taken By: Z12FA,,, 6,
Received Ya: Phone Letter
Other
Name: t3ria—e. �c,�rrc,' Phone (Day):
Address: Pak Ca,'60 Pe7,,,A 1$350r,,Phone (Eve):
1p".
City: State: Tip:
Re: 54¢v,
R crag
Items Discussed: - 0�, moi. 5 * lc , b4± k%
Priority: A. Immediate
I Comments/Action Taken:
«• 'rte •�
B. Within a Week C. Other (Specify)
cc: Kjr, Jr;, 4 By:
Date: � 2
LTS�4 CUSTSERV.FRM Cb on
•�, city of eagan
engineering division Customer Request Form
Date: 5' -Il- 17 Time: /, oo r/,f
Received Via: Phone Letter
Taken By: ;ToL G .
Other
Name: Phone (Day):
Address: '4B� 5'�,,„- s �%,yc Phone (Eve):
Cly: �-�- State: Zip:
Items Discussed: � L '.5 1-t— 2,. VVW- , �,� 11C )44 weg f
O 5lri �' l�r�e $ Y, /iY,- k/�,f , ,
1a 5 5t
irne f 5t �► ,� GC fp -rbs 5��� .
M
5��-
Priority: A. Immediate B. Within a Week C. Other (Specify)
Comments/Action Taken:
Icc: 9-A" Ilr-ka_
By: .rt
lzu ..Oats:�,..,,—
DIANE KAUS
2277 Ubirper ng Trail
Eagan MN, 55122
June 25. 1997
Ken Vraa
3830 Pilot Knob Road
Eagan, MN 55122
Dear Ken.
J U N 2 7 REoo
I am writing in response to your letter in regard to the sidewalk along Slater Road. I am very much in favor of a
sidewalk, many children use this road to go to and from the park.
A petition was circulated at the block party last summer by one of the families along Slater Road , it was presented
as a petition for a sidewalk, not necessarily to move it across the road. Many families later found that they had
signed, without really reading what they had signed.
I have been here in Eagan for five years. We had been living in Texas where sidewalks were standard. It was quite
a surprise to find people walking and biking along busy roadways. I feel a sidewalk is very important along this
busy road. The bulk of the population is on the west side of Slater and would be the most logical location for our
sidewalk. 1 hope we don't allow a few homeowners to compromise our childrens' safety because they are worried
about a sidewalk that is on the citys' boulevard. A perfect example of this need for the sidewalk is the young man
who was killed along Dodd Road. I have experienced a loss of a child in our family due to MVA, I would hate to
have this happen to a neighbors' family member when we could have made a safer pathway
Sincerely.
Diane Kaus
cc: Mayor and Council Members
(:�) (Z!) N-
Agenda Information Memo
July 1, 1997
B. ORDINANCE AMENDMENT, SEC. 2.52, CHANGING TITLE
OF ADVISORY PARKS, RECREATION, AND NATURAL RESOURCES
COMMISSION APRNRC TO ADVISORY PARKS COMMISSION APrC
ACTION TO BE CONSIDERED:
To approve an amendment to City Code, Section 2.52, changing the title of Advisory
Parks, Recreation and Natural Resources to Advisory Parks Commission.
FACTS:
♦ At the April 1, 1997 regular City Council meeting, approval was given to changing
the name of the Advisory Parks, Recreation and Natural Resources Commission to
Advisory Parks Commission.
Because the title of the commission is officially listed in Section 2.52 of the Eagan
City Code, it is necessary to have official approval of the change to the City Code.
♦ At the June 17, 1997 regular City Council meeting, approval was given to approve an
amendment to City Code, Section 2.52, changing the title of the commission.
♦ The revised ordinance was not included with the June 17 packet information and,
therefore; is being included at this time for formal adoption.
• Ordinance on page
lot
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN
CITY CODE CHAPTER TWO ENTITLED "ADMINISTRATION AND GENERAL
GOVERNNv1ENT" BY AMENDING SECTION 2.52, REGARDING ADVISORY PARKS,
RECREATION, AND NATURAL RESOURCES COMMISSION; AND BY ADOPTING
BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 2.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter Two is hereby amended by changing Sec. 2.52, to read
as follows:
Sec. 2.52. Advisory parks, commission.
Subd 1. Establishment. An advisory parks,
commission is hereby established. The director of parks and recreation, by reason of
his position, shall be an ex -officio member.
Subd 2. Powers and duties. The advisory parks aad commission shall
make recommendations as to acquisition of park sites and facilities, park programs,
operation of public parks, park budges and general development of recreational
facilities within land developments.
Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 6.99,
entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as
though repeated verbatim.
Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication
according to law.
ATTEST: CITY OF EAGAN
City Council
By: E. J. VanOverbeke
Its: Clerk
Date Ordinance Adopted:
By: Thomas A. Egan
Its: Mayor
Date Ordinance Published in the Legal Newspaper:
Agenda Information Item
July 1, 1997 Eagan City Council Meeting
NEW BUSINESS
A. CONDITIONAL USE PERMIT - AT&T WIRELESS SERVICES.
ACTION TO BE CONSIDERED:
➢ To approve or deny a Conditional Use Permit to allow a 100' tall communication
monopole on Lot 1, Block 2, Joseph Connolly Addition, located north of Cliff Rd, east of
Ches Mar Drive in the SW 1/4 of Section 27.
FACTS:
➢ AT&T is proposing to lease a 28'x 40' tract of land to place its 100' monopole and 388
s.f. equipment building.
➢ The monopole is proposed to be located between the Well House No. 10 building and the
city's booster station.
➢ The proposed communication tower, antennas and equipment building meet the
requirements as per the City's Communication Tower Ordinance.
➢ At the Advisory Planning Commission approval was recommended 6-1. The
Commission voted 5-2 in favor of a second motion to encourage the City Council not to
enter into a lease agreement with AT&T.
ISSUES:
➢ The proposed tower is adjacent to the Ches Mar and Dunberry Lane residential
neighborhood. During the public hearing several residents gave testimony expressing
their dislike of the proposed 100' tower in their neighborhood. Concerns raised by the
neighboring property owners were: 1) uncertainty of microwave and UHF health hazards,
2) the decline in property values, 3) - residents felt like they were "dumped" on by the
City because they have so many utilities in their neighborhood, and 4) tower height.
ATTACHMENTS: (2)
➢ June 24, 1997 APC Minutes pages - through,
➢ Staff Report pages - through
103
Page 2
June 24, 1997
ADVISORY PLANNING CONIIvIISSION
PUBLIC HEARINGS
CONDITIONAL USE PERMIT
AT&T WIRELESS SERVICES
Commission Chair Heyl opened the first public hearing of the evening regarding a
Conditional Use Permit to allow a monopole communication tower with an equipment
building located at 1311 Cliff Road (Lot 1, Block 2, Joseph Connolly Addition) east of
Pilot Knob Road, north of Cliff Road in the SWV4 of Section 27.
Planner Tyree introduced this item. Ms. Tyree highlighted the information
presented in City staffs planning report dated June 19, 1997. Ms. Tyree noted the
background and history, the surrounding uses and the existing conditions of the subject
property.
Mr. Beck, a representative of the applicant, addressed the problem of moving the
tower to other publicly owned facilities. In reference to a map he provided showing the
AT&T service area coverage, he noted that the western portion of Eagan was well
covered, while the eastern portion of Eagan needed further coverage. He also noted that
moving the pole to a site further west would adversely affect the need and desire to
provide coverage to the east. He noted that sites to the west drop-off consistently in
elevation and therefore they would have to make the tower taller than they had originally
planned.
Frank Condon, a resident of 1308 Dunberry Lane, stated that he had gotten a UHF
health hazard report off of the Internet which he believes stated enough information to
raise health concerns about the micro -wave towers.
Mike Vukovich, a resident of 4557 Ches Mar Lane, stated that the notice received
did not have much information about the proposal of AT&T's tower. He also noted that
the photograph shown by the applicant's representative did not resemble the tower as it
would be. He questioned as to whether there were any other sites to the east AT&T had
looked at as possibilities for the tower and he suggested Holland Jenson Park. He also
noted that the residents had not received adequate time to prepare a response to this
proposal.
Dan Meridan, 1296 Dunberry Lane, stated that most residents affected by this
were unanimously opposed to the installation of this tower. He also stated that as a
scientist, in absence of adequate study, he does not believe that a tower which could pose
possible health problems should be put in a residential area. He noted that the benefits to
the City of Eagan were modest, as with the Lease Agreement they would only be
receiving about $12,000.00 in income which was a small -portion of their budget. He also
Page 3
June 24, 1997
ADVISORY PLANNING CONMSSION
questioned whether the pole could be located further east since that is the area that AT&T
is trying to have better coverage for.
Joe Budik, 1307 Dunberry Circle, stated that he is concerned about the addition of
the tower to the public facility due to the possibility in decreasing property values. He
also noted that he would like for them to put the tower in a park area not in a residential
area.
Nancy Leimers, 1274 Dunberry Lane, noted that if coverage needed to be east of
their location than the tower should go east of that location.
In addressing the neighbors' concerns, Commission Chair Heyl questioned why
AT&T could not go further east with their tower and also questioned the health hazards
the tower.
In response to a number of questions including Commission Chair Heyls, Mr.
Beck stated that (1) the drawing that he demonstrated was to scale of what the tower
would look like; (2) the Federal government does not see any health issues relating to the
cell sites, he noted that these were low power sources, fm. radio waves and also
suggested that there was more radio frequency in this room than around the pole site. He
stated that the key issue is proximity and that in the 96 Telecommunications Act passed
by Congress, one of the conditions was that a decision on where to locate these towers
cannot be based on an environmental or health basis; (3) as far as increasing the height of
the towers at a later date, he stated that as the system matures and develops, it is most
likely that they will be lowering antennas rather than increasing the height. He did not
that if a second user wanted to locate on the same pole, it was possible that they would
have to do so at a higher height.
In response to Commission Chair Heyl's question as to whether they would have to
make the base larger to co -locate on a pole, 1VIr. Beck stated that the height of this pole
would most likely accommodate a new user as it is. Although, if additional height was
needed, it would require a new pole and a broader base.
As far as moving the pole to a taller area, Mr. Beck stated that the tower cannot be
too high because of the frequency re -use. Each tower is only licensed for a limited
number of frequency and that the antennas are too high they get cross talk. He also noted
that they needed additional cells for capacity purposes and not only for increasing their
coverage.
Mr. Beck stated that there were no sites further east that met the needs for the cell
and were allowable under this ordinance and that is why this site has been chosen.
X 05
Page 4
June 24, 1997
ADVISORY PLANNING CONMSSION
Member Burdorf questioned whether AT&T had checked into Holland Jenson
Park and also wanted to know how far east they had pursued. Mr. Beck stated that he had
not been involved in the discussions leading to the decision on the site and another
representative of the applicant stated that no the search area did not go as far as Holland
Jensen Park. Mr. Beck stated that typically a search area is less than a fourth of the area
from where they are proposing to put the tower.
Member Bakken stated that out east he knew that many towers were painted the
same color as the sky to hide them and was wondering if AT&T would be willing to do
this. Mr. Beck stated that they would be willing to paint the tower any color the City
requested.
Member Frank questioned as to whether the pole could be less than 100 feet
because of the height of this site. Mr. Beck stated that the engineers design each site an
antenna height at the lowest possible height because the company does not want to invest
in more than it would need to.
Member Burdorf questioned staff on whether there was a lot of ownership from
the City to want this tower at this site. In response to this inquiry, Senior Planner Ridley
stated that there has been no history of this and that the APC and the Council were not
looking at any particular parcels when they were putting this ordinance together.
Commission Chair Heyl stated that the ordinance does say public property can be used
for these purposes. She also noted that this tower would be less obtrusive than the water
tower that had previously been there as the base will only be about five to six feet in
diameter. She also noted that as far as the landscaping, AT&T is already adding more to
hide the facility building. She stated that this tower would be going between two existing
buildings and would therefore be less noticeable. She noted that the ordinance suggest
that these poles go on public facility and that there is a need to provide these poles with
our current technology and would also like to note that this proposal does meet the
ordinance requirements.
Member Burdorf noted that the proposal met all requirements but he was still
concerned with the general welfare of the neighborhood and was wondering if there could
be a better site to locate the tower. Member Segal noted that as the City owns this
property, they have the obligation to look out for the residents. He stated that he believes
the City has not done a good job of maintaining this property and he believes that the City
Council should take the residents concerns to heart when weighing this proposal. He also
stated that this proposal illustrates a mistake that the City made allowing these antennas
near residential properties and would like to reconsider the proposal to lease to AT&T
regardless of whether they meet the criteria and standards.
)o6
Page 5
June 24, 1997
ADVISORY PLANNING COMMISSION
Member Miller stated that if this had been private property he would have no say
and would have approved this proposal but as this is City property he feels that the loss
and the lease income is not a huge loss to the City and although the proposal meets the
code requirements, he feels that it would be in the City and residents best interest to not
locate the pole on this site.
Member Carlson stated that the base of the water tower or the monopole is not the
issue, rather it is the height and the view.
Member Miller stated that he would like to have a motion to approve the proposal
because it does meet City limits but would like to encourage the Council to choose not to
go into a Lease with AT&T. In response to this City Attorney Dougherty stated that the
APC can always send recommendations to the Council, but what is before the APC is a
land use item and what they are looking at is how this application fits and their approval
or denial should be based on the standards of the Code.
Member Miller stated that this proposal deems approval by the standards,
however, the Lease is much more arbitrary than the law.
Member Segal moved to recommend denial of the Conditional Use Permit and also
noted that he would like to recommend denial for the City to lease this property because
it was next to a residential area and not consistent whit the use and would also distract
from the property value and the public welfare. The motion died for lack of a second.
Member Miller moved, Member Carlson seconded, a motion to recommend
approval of a Conditional Use Permit to allow a monopole communication tower with an
equipment building located at 1311 Cliff Road (Lot 1, Block 2, Joseph Connolly
Addition) east of Pilot Knob Road, north of Cliff Road in the SWV4 of Section 27, subject
to the following conditions:
1. The Conditional Use Permit shall be recorded at Dakota County within 60
days of City Council approval with receipt to be provided to the City.
2. The Conditional Use Permit provides for a 100 -foot tall communication
monopole and a 336 s.f. equipment building. No equipment or antennas may be in excess
of 100'.
3. A building permit shall be obtained for the erection of the monopole and
equipment building.
4. A revised landscape plan showing the minimum plat size of 6' in height
shall be submitted prior to the issuance of the permit.
�o0010
Page 6
June 24, 1997
ADVISORY PLANNING CONMISSION
5. The applicant shall provide the City documentation, from a structural
engineer, confirming the structural integrity of the proposed monopole.
6. The applicant shall enter into a lease with the City of Eagan for the use of
the land on Lot 1, Block 2, Joseph Connolly Addition.
7. No signage other than for public safety warnings or equipment information
shall be affixed to the tower or equipment building.
8. No artificial illumination shall be allowed on the tower except when
required by law or by a governmental agency.
9. Landscaping as shown on the attached plan shall be completed by
November, 1997.
10. The applicant shall provide co -location opportunities, if technologically
feasible to other wireless communication service providers.
Member Miller would also like to make a note to the City Council that he would
like to encourage them to not enter into a private Lease Agreement with AT&T on this
property.
Member Bakken would like to add an amendment that in the case that the City
does approve the conditional use permit and does lease to AT&T, he would like a
condition added to read that "the upper portion of the tower be painted sky blue by AT&T
to match the color of the sky.
All voted in favor except Member Segal who opposed.
In further discussion, Commission Chair Heyl noted that this is a company who is
doing what the APC had suggested and now they were telling them not to do that so she
would like to make a note of that for the record.
Member Segal noted that he was in favor of the motion and felt that it was the duty of
the APC to the citizens to keep a public facility in line and not allow it to be commercially
used.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: June 19, 1997
APPLICANT: AT&T Wireless Services
PROPERTY OWNER: City of Eagan
CASE: 27 -CU- 17-5-97
HEARING DATE: June 24, 1997
PREPARED BY: Shannon Tyree
REQUEST: Conditional Use Permit - Cellular Tower
LOCATION: 1311 Cliff Road
COMPREHENSIVE PLAN: PF - Public Facilities
ZONING: PF - Public Facilities
SUMMARY OF REQUEST
AT&T Wireless Services is requesting approval of a Conditional Use Permit to allow a monopole
communication tower with an equipment building located at 1311 Cliff Road (Lot 1, Block 2,
Joseph Connolly Addition) east of Pilot Knob Rd, north of Cliff Rd in the SW 1/4 of Section 27.
AUTHORITY FOR REVIEW
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 - AT&T CUP
June 24, 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.
BACKGROUND/HISTORY
The site has been owned by the City and used for utility purposes since the early 70's and was
platted in 1990. Earlier this year the 32' tall water tower was removed.
EXISTING CONDITIONS
The site is currently the location of well house #10 and a booster station. The site is landscaped,
especially the perimeter of the lot. The center of the property is mostly open and slopes gently
downward to the west toward Ches Mar Drive. Many large mature trees line the property line
abutting the residences to the north. The single-family homes located along Dunberry Lane are at
first floor elevations that range from approximately 988' to 990'. The first floor elevations of the
two duplexes located east of the site are at elevations of approximately 1025'. The elevation of the
existing well house and booster station are 1022' and 1026'.
SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan
designations surround the subject property:
North - Single family, Ches Mar 2na Addition; zoned R-1; guided D-1.
South - Parkview Golf Course; zoned P; guided PF.
East - Well site and former water tower site & single family; zoned PF & R-1; guided D-1.
West - South water treatment facility; zoned P; guided PF.
EVALUATION OF REQUEST
Compatibility with Surrounding Area - The site is adjacent to County Road #32 - Cliff Road.
Across Cliff Road is Parkview Golf Course. The site is bordered on the north and east by existing
homes. The applicant's proposal of a 100' communication tower is consistent with the City's
Communication Tower ordinance for a single communication provider.
X10
Planning Report - AT&T CUP
June 24, 1997
Page 3
Site Plan - The site plan shows an area 20'x 42' that AT&T will be leasing from the City of Eagan.
The proposed 1 00'monopole will provide support for the cellular antennas and related cabling
necessary to connect it to the equipment building. The tower is at an approximate ground elevation
of 1024'. It is the applicant's intention to paint it brown in order to blend in with the wooded area
north of the site and to match the light standards along Cliff Road.
The antennas will be located at the top of the monopole and will transmit and receive FM radio
signals. The cellular system operates on a specific set of channels set aside by the Federal
Communications Commission (FCC). Cellular telephones operate within a strictly regulated set of
allotted frequencies, between 825 to 845 MHz and 870 to 890 MHz. The applicant has informed
the City that all AT&T sites must be operated in accordance with its FCC license.
Building Design - The proposed 12'x 28'x 10' equipment building is proposed to be constructed of
brick to match the existing buildings located on the site. The purpose of the building is to house
radio, computer, and climate control equipment for the cellular operation. It is located east,
adjacent to the well house building.
Landscaping - The proposed landscape plan shows the addition of 10 pine trees shown at 3"
diameter. The City's landscape ordinance requires a minimum C height for spruce trees. The plans
should be revised to show the 6' height minimum.
The applicant is proposing to plant the spruce trees along the north and east side of the tower and
the building.
Access/Street Design - The site is accessed from Ches Mar Drive on the west side of the site. A
bituminous drive aisle runs parallel to Cliff Road in front of the two existing buildings.
SUMMARY/CONCLUSION
The Advisory Planning Commission's review of the CUP is to ensure compatibility with the
surrounding uses in the area. The granting of a CUP is based on; the designated location and height
of the communication tower should not be obtrusive to the area, proposed design and appearance of
the tower appears to be compatible with the intended character of the general area, and conditions
of the operation do not appear hazardous or detrimental to the health or property of surrounding
properties.
The 100' communications tower is proposed to be located at the well house and booster site north of
Cliff Road east of Ches Mar Drive. The tower meets the requirements as per the City's
Communications Tower Ordinance.
\�1
Planning Report - AT&T CUP
June 24, 1997
Page 4
ACTION TO BE CONSIDERED
To recommend approval or denial of a Conditional Use Permit for AT&T Wireless Services to
allow a communication monopole and equipment building on a portion of the property at 1311
Cliff Road in the SW 1/4 of Section 27 subject to the following conditions:
1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of City
Council approval with receipt to be provided to the City.
2. The Conditional Use Permit provides for a 100 -foot tall communication monopole and a
336 s.f. equipment building. No equipment or antennas may be in excess of 100'.
3. A building permit shall be obtained for the erection of the monopole and equipment
building.
4. A revised landscape plan showing the minimum plat size of 6in height shall be submitted
prior to the issuance of the permit.
5. The applicant shall provide the City documentation, from a structural engineer, confirming
the structural integrity of the proposed monopole.
6. The applicant shall enter into a lease with the City of Eagan for the use of the land on Lot 1,
Block 2, Joseph Connolly Addition.
7. No signage other than for public safety warnings or equipment information shall be affixed
to the tower or equipment building.
No artificial illumination shall be allowed on the tower except when required by law or by a
governmental agency.
9. Landscaping as shown on the attached plan shall be completed by November 1, 1997.
10. The applicant shall provide co -location opportunities, if technologically feasible to other
wireless communication service providers.
I �
z
FINANCIAL OBLIGATION — 27 -CU -17-5-97 Lot 1, Block 2, Joseph Connolly Addition
There are pay-off balances of special assessments totaling $0 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
None
Use Rate Quantity
Amount
$0
0:i :I1[0100111�'1f
SAW
• r_
'0
w
rVirmilMISMIS
�!
® NEW IN
maim No
mini
+
mm No
Coil 0l•■l'IF;Ii
r--� ■■■� ■_�
,p�
1: ME
ORisIME IN
a
n
CIIIs
0
r
OFF
rmi
MM M _ II '►1
,■� ■ m ■■ml;m 115
�Ij� ti ■
mm m
WRIEWA
,
ECEIVE
JUN 16 1997
JUN 16 1997 j
lam/ �'"G /1 lr rt2 %'t11�9c.1�i
�uGl�Y-L�.�z ✓ O
Agenda Information Memo
July 1, 1997 Eagan City Council Meeting
B. PRELIMINARY PLANNED DEVELOPMENT & PRELIMINARY
SUBDIVISION - EAGAN SENIOR HOUSING. DAKOTA COUNTY HRA
ACTION TO BE CONSIDERED:
To approve/deny a Preliminary Planned Development for a Senior Housing Campus up to 235
units of senior housing or 130 units of senior housing and a two story 65,000 square foot office
building on property located on the south side of Town Centre Drive, east of Denmark Ave and
north of O'Leary Lake in the NE 1/4 of Section 15, subject to the conditions in the APC minutes.
To recommend approval or denial of a Variance to the Shoreland Ordinance (section 11.21,
Subd. 10.F.2.e) to allow density transfers to a tier closer to the water body on property located on
the south side of Town Centre Drive, east of Denmark Ave and north of O'Leary Lake in the NE
1/4 of Section 15, subject to conditions in the APC minutes.
To recommend approval or denial of the Preliminary Subdivision consisting of one lot and one
outlot on property located on the south side of Town Centre Drive, east of Denmark Ave and
north of O'Leary Lake in the NE 1/4 of Section 15, subject to the APC minutes.
FACTS:
The Dakota County HRA is requesting a Preliminary Planned Development to allow a
senior housing campus consisting of up to four residential buildings to be constructed in
phases, a Preliminary Subdivision consisting of one lot and one outlot on approximately
19.5 acres, and a Variance to Sec. 11.21 Shoreland zoning density provision.
The HRA is working in partnership with the City of Eagan to build as phase one a 65 unit
independent senior housing facility (building 2). Construction on this building is
anticipated in the Fall of 1997. The HRA intends to build another 55 unit independent
building on the proposed 6 acre Lot'l of the subdivision on the eastern portion of the site
at some future date (possibly within 5 years or so). The HRA would be the developer,
owner and manager of the independent senior housing.
• Two additional buildings for assisted living development (Building 3, 60 units) and long-
term care facility (Building 4, 55 units) are proposed on the western portion of the site.
The HRA is unsure of the future market conditions for these housing types and as an
option, is also proposing a small office buildings as an alternative to Buildings 3 and 4.
This office building would be 60,000 to 80,000 square feet. Such a building may be used
for administrative offices for the HRA or a senior center if the need exists.
I(I
O'Leary Pond is designated as a General Development Lake in the Shoreland Zoning
provisions of the City Code. Overall the density permitted on this site is within the
requirements of the Shoreland Zoning, but to meet the location requirements of the
ordinance, buildings 1 and 2 would need to be spread out over the entire 47200' wide
bands extending from the pond. Density transfers are permitted to tiers further away
from the water body, but are not provided for in the reverse direction. All other
provisions of Shoreland Zoning are met or exceeded.
• The HRA is requesting variance from this provision in order to avoid the disruption of
relocating a storm drainage pipe. This will protect the shoreline buffer area from damage.
The site design actually reduces the profile of the buildings to the south than if they were
designed to meet this requirement.
At its regular meeting on July 24, 1997, the APC recommended approval of the planned
development, the variance to the shoreland zoning and a preliminary subdivision, subject
to the conditions listed in the staff report. Further clarifications to those conditions
included limiting the proposed office building to a 2 story structure and requiring natural
plantings on the slopes and un -maintained areas.
ISSUES:
At the APC hearing a neighbor expressed concern about the storm drainage and
suggested that all of the storm drainage be directed toward Lemay Lake rather than
O'Leary Pond. Rich Brasch, Water Resources Coordinator, is reviewing the feasibility of
this suggestion given the grade changes across the site. It should be noted that staff is
recommending a cash, water quality dedication for the portion of the site that will drain to
O'Leary. The funds are intended to make improvements to the treatment pond DP -20,
north of Town Centre Drive in order to improve water quality of O'Leary.
Prior to the APC hearing, two meetings were held with the neighborhood (April and
June). Neighbors were concerned with the design of the buildings, parking lot locations,
the trail -way connections and the buffering on the south edge of the property. Several of
the neighbors concerns were addressed prior to the HRA's application submission to the
City and are reflected in the plans that are under consideration.
BACKGROUND/ATTACHMENTS: (3)
or
APC Minutes of June 24 1997, pages + through.
Staff Report, pages hrough
DNR Letter dated J ne 20, 1995, page
dao
Page 9
June 24, 1997
ADVISORY PLANNING CONMESSION
PRELIMINARY PLANNED DEVELOPMENT &
PRELIMINARY SUBDIVISION - DAKOTA COUNTY HRA
Commission Chair Heyl opened the next public hearing of the evening regarding a
Preliminary Planned Development to allow a senior housing campus consisting of up to
four residential buildings to be constructed in phases, a Preliminary Subdivision
consisting of one lot and one outlot on approximately 19.5 acres, and a Variance to Sec.
11.21 Shoreland zoning, on property located on the south side of Town Centre Drive, east
of Denmark Avenue and north of O'Leary Pond in the NE%4 of Section 15.
Senior Planner Freese introduced this item. Ms. Freese highlighted the information
presented in City staffs planning report dated June 15, 1997. Ms. Freese noted the
background and history, the surrounding uses and the existing conditions of the subject
property.
Kerry Gill, the applicant, was available for questions and noted that they did meet
with neighbors in an attempt to meet the neighbors concerns.
A resident, Steve Cline, stated that he lives south of the proposed development and
that he is not opposed to this development. He did want to note that if the HRA wants to
hold the option for an office building on this site he would like there to be a height
limitation of no higher than the other buildings on the property. He was concerned that
the pipe draining from Mann Theaters to O'Leary Pond has caused the quality of the
water has gone down. He would like to suggest that the pipe be diverted to another pond
to the Lemay Lake drainage system.
In response to the Advisory Parks Commission's recommendation to keep the
easement on the property to the south in case there is a future need for a trail in this area,
Mr. Cline stated that he and residents affected by this would like this easement to be
vacated. Mr. Cline also noted that he would like to commend the HRA for working with
the neighborhood.
In response to Commission Chair Heyl's question regarding the possibility of
building an office building rather than the two buildings proposed, Ms. Freese stated that
the HRA intends to have a footprint that would be probably smaller than the two
proposed residential buildings are. She indicated that a two-story height limitation would
be consistent with HRA plans.
In response to Commission Chair Heyl's question as to why the Park Commission
recommended that the easement not be relinquished at this time, Senior Planner Freese
state that the easement itself is not located on HRA property at that this would be a
lel
Page 10
June 24, 1997
ADVISORY PLANNING CONMSSION
different process to get that vacated and she was providing the neighborhood
representatives with information on the legal process.
In response to Commission Chair Heyl's question on the water quality and the
pipeline, Engineer John Gorder stated that he will have the Water Resource Coordinator
contact the resident directly. Ms. Freese also noted that the HRA explored
all the storm water drainage to the pond on the west but that was not
feasible. Therefore, the City was requesting a cash water quality dedication based on the
proposed impact of the project. Drainage further west to Lemay Lake was not possible
due to the grades of the land.
Member Frank noted that he thought the parking seemed a bit too small but
recognized that they have more land if they needed to include more parking spaces. Ms.
Freese noted that there will be underground parking for the independent living buildings.
Member Miller moved, Member Bakken seconded, a motion to recommend
approval of a Preliminary Planned Development for a Senior Housing Campus up to 235
units of senior housing or 130 units of senior housing and a 65,000 square foot office
building on property located on the south side of Town Centre Drive, east of Denmark
Avenue and north of O'Leary Pond in the NEI/4 of Section 15, subject to the following
conditions:
1. The proposed campus shall not exceed 235 units/rooms of senior housing or
care facilities or the campus shall not exceed 130 units of senior housing and a 65,000
square foot office building. The height of the office building shall not exceed two stories.
2. All residential buildings shall be constructed to meet interior noise level of
45 dBA for aircraft noise attenuation purposes.
3. The developer shall install more evergreen trees for year round screening
and to break up vertical elements behind buildings 1 and 2; provide additional parking lot
screening for building 3 along the Town Centre Drive frontage and irrigate all maintained
landscape and lawn areas on the site.
4. A Final Plan Development Agreement shall be executed with the
construction of each building and shall consist of the following exhibits: Final Site Plan;
Final Building Elevations, Final Lighting Plan and Final Landscape Plan.
5. Future Buildings shall be compatible in design, color scheme and building
materials utilized for proposed building 2.
Page 11
June 24, 1997
ADVISORY PLANNING CON41v1ISSION
6. The developer shall provide an emergency vehicle access to the rear of
Building 2 along the west side in compliance with the city fire code.
7. Any signage shall comply with the city sign code.
8. Dumpsters stored on the exterior shall be in an attached enclosure matching
the building materials of the building.
In further discussion, Member Burdorf questioned as to what would happen if the
HRA does not retain ownership of the land, to which Ms. Freese stated that would be
covered in Condition No. 1 under the variance.
All voted in favor.
Member Miller moved, a motion to recommend approval of a Variance to the
Shoreland Ordinance (section 11.21, Subd. 10.F.Z.e.) to allow density transfers to a tier
closer to the water body on property located on the south side of Town Centre Drive, east
of Denmark Avenue and north of O'Leary Lake in the NEV4 of Section 15, subject to the
following conditions:
1. The proposed campus shall not exceed 235 units/rooms of senior housing or
care facilities or the campus shall not exceed 130 units of senior housing and a 65,000
square foot office building.
2. The land between 200 and 800 feet from the OHWL in the proposed outlot
must remain as permanent open space. The land must be maintained or planted with
native grasses.
Member Bakken suggested that this was standard and questioned whether there
was a need to have this as a condition.
Member Miller noted that he was willing to drop the second condition and
reiterated this motion, Member Bakken seconded the motion.
All voted in favor.
Member Miller moved, Member Bakken seconded, a motion to recommend
approval of a Preliminary Subdivision consisting of one lot and one outlot on the property
Page 12
June 24, 1997
ADVISORY PLANNING CON IISSION
located on the south side of Town Centre Drive, east of Denmark Avenue and north of
O'Leary Pond in the NEV4 of Section 15, subject to the following conditions:
1. The developer shall comply with these standards conditions of plat approval
as adopted by Council on February 3, 1993:
Bl, B2, B4 C1, C2, C4, D1, El.
2. The property shall be platted.
3. Runoff from the western portion of the development be treated via on-site
ponding prior to the discharge to Pond DP -23. The pre-treatment basis shall have a
minimum wet volume and mean depth of .8 acre feet and 3 feet, respectively, and shall
meet the City's Standards for Detention Basin Design.
4. Run-off from the eastern portion of the site shall be directed to Pond DP -
20. The City shall require a cash dedication in lieu of on-site ponding for this portion of
the site, the proceeds of which should be used to enhance pollutant removal efficiencies
in Pond DP -20.
5. An un -graded buffer at least 50 feet in width back from the ordinary High
water level of O'Leary Pond shall be preserved. This buffer should be left in an un -
maintained condition after development to filter overland runoff and provide buffer.
6. Filling or draining of wetland areas within the development parcel shall be
prohibited.
7. Tree Protective measures (i.e. 4 foot polyethylene laminate safety netting)
shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever
is greater, of significant trees/woodlands to be preserved.
8. The developer shall contact the City Forestry Division at least five days
prior to the issuance of the grading permit to ensure compliance with the approved Tree
Preservation Plan.
9. The developer shall be responsible for additional park dedication at the
residential rate at the time of building permit for each building unless waived by the City
Council.
10. The developer shall be responsible for installing a sidewalk along town
center drive.
aq
Page 13
June 24, 1997 _
ADVISORY PLANNING COI%MSSION
11. The developer shall obtain a modification to the Eagan Heights Commercial
Park Indirect Source Permit for this development.
12. The slope behind buildings 1 and 2 shall be planted with native trees and
grasses and plantings in unmaintained areas shall be approved by City staff.
All voted in favor.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: June 15, 1997 -
APPLICANT: Dakota County Housing &
Redevelopment Authority (HRA)
PROPERTY OWNER: Dakota County HRA
CASE: 15 -PP -15-05-97
HEARING DATE: June 24, 1997
PREPARED BY: Lisa J. Freese
REQUEST: Preliminary Plan Development and Preliminary Subdivision, Variance to
Shoreland Ordinance.
LOCATION: Located on south side of Town Centre Drive in the NE'/4 of Section 15
Outlot A, Town Centre 100 6' Addition
COMPREHENSIVE PLAN: CA - Central Area
ZONING: PD - Planned Development
SUMMARY, OF REQUEST
The Dakota County HRA is requesting a Preliminary Planned Development to allow a senior
housing campus consisting of up to four residential buildings to be constructed in phases, a
Preliminary Subdivision consisting of one lot and one outlot on approximately 19.5 acres, and a
Variance to Sec. 11.21 Shoreland zoning, on property located on the south side of Town Centre
Drive, east of Denmark Ave and north of O'Leary Pond in the NE '/4 of Section 15.
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.
11;04
Planning Report — HRA Senior Housing
June 24, 1997
Page 2
D. That the site physically is suitable for the proposed density of development.
E. That the design of the subdivision or the proposed improvement 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 Bun 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."
Planned Development:
Chapter 11.20, Subd. 8, B., Determination, states: "In considering any petition for such district,
the Planning Commission and the Council in the interests of carrying out the intent and purpose
of this Subdivision, shall determine whether or not such planned development will:
(1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than
does development of the underlying zoning district;
(2) be feasible for the owner and developer economically to complete according to proposed
plans;
Planning Report — HRA Senior Housing
June 24, 1997
Page 3
(3) benefit the community at large to a greater degree than would development of the
underlying zoning district."
Variance
City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a
variance and impose conditions and safeguards therein if -
1.
f
1. The Council shall determine that the special conditions applying to the structures or land in
question are peculiar to such property or immediately adjoining property and do not apply
generally to other land or structures in the district in which said land is located, and that the
granting of the application is necessary for the applicant.
2. The granting of the proposed variance will not be contrary to the intent of this Chapter and
the Comprehensive Guide Plan.
3. That granting of such variance will not merely serve as a convenience to the applicant, but is
necessary to alleviate demonstrable hardship or difficulty.
BACKGROUNDIHISTORY
The subject parcel is part of the Eagan Heights Commercial Park Planned Development, which
was approved on July 20, 1982 for a term of 10 years. This PD Agreement has expired, but the
City Council has taken no action to terminate the PD designation.
An underlying zoning of LB (Limited Business) was established for the subject site in the
original PD Agreement. The original PD proposed a 130,000 square foot office building on this
site. In 1989 a preliminary plat for two lots and one outlot was approved for the subject site.
One 70,000 square foot office building was proposed for each lot. After a one year extension
was granted in 1990, no further activity occurred on this plat and, as such, the preliminary plat
expired in 1991.
In 1993 the City adopted the shoreland zoning provisions which regulate development within
1,000 feet of protected water bodies. Shoreland zoning applies to this property because it abuts
O'Leary Pond.
In 1994 Centex Homes requested a Comprehensive Guide Plan amendment to change the land
use category of approximately 19 acres from CPD (Commercial Planned Development to D -III
(Mixed Residential, 6-12 units per acre). The City Council denied the requested at that time
because it was felt that the proposed townhome density would overburden the park system in that
location, degrade the water quality and exacerbate the parking problems along Town Centre
Drive.
In 1995 the City re -designated this property and several other surrounding properties to CA,
Central Area when it adopted the Central Area Land Use Plan. The plan for this quadrant
Planning Report — HRA Senior Housing
June 24, 1997
Paee 4
encourages office, retail and medium to high-density residential uses. It also encourages the
development of lifecycle housing in the Central Area.
EXISTING CONDITIONS
The site is gently sloping with steeper grades near O'Leary pond, which extends into the
southeast corner of the property. The site was previously graded. There is an existing
stormwater drainage pond on-site along Denmark Avenue and a berm along the southern
property line. Some re -growth woodlands exist on the site generally concentrated along the berm
and around the pond.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
North - Town Centre Shoppes retail Center, Mann Theater, zoned PD and guided CA, Central
Area
South - O'Leary Park, zoned and guided Public Facilities, Single Family, zoned R-1 and guided
D -II, apartments zoned R-4 and guided, D -IV
East - Waterford Apartments, zoned PD, Planned Development and guided CA, Central Area
West - Town Centre Retail Center, zoned CSC, Community Shopping Center; guided CA,
Central Area
EVALUATION OF REQUEST
Preliminary Planned Development
Description of R uest
The HRA is working in partnership with the City of Eagan to build as phase one a 65 unit
independent senior housing facility (building 2). Construction on this building is anticipated in
the Fall of 1997. The HRA intends to build another 55 unit independent building on the
proposed 6 acre Lot 1 of the subdivision on the eastern portion of the site at some future date
(possibly within 5 years or so). The HRA would be the developer, owner and manager of the
independent senior housing.
The independent living facility (Building 2) that is currently planned for development would be
available to persons age 55 and older with annual incomes at less than 80 percent of median.
The unit mix will be 43 one -bedroom apartments and 22 two bedroom apartments, with rents of
$425 and $525 respectively. Building 1 will include a community room and a porch area, with a
portion screened. Construction is planned to begin in the fall of 1997, with the completion in late
summer 1998.
Two additional buildings for assisted living development (Building 3, 60 units) and long-term
care facility (Building 4, 55 units) are proposed on the western portion of the site. The HRA is
l aI
PIanning Report — HRA Senior Housing
June 24, 1997
Page 5
unsure of the future market conditions for these housing types and as an option, is also proposing
a small office buildings as an alternative to Buildings 3 and 4. This office building would be
60,000 to 80,000 square feet. Such a building may be used for administrative offices for the
HRA or a senior center if the need exists. The HRA will work with the City of Eagan to
determine how the assisted living and long-term care facility or suggested alternate uses (office,
senior center) would be developed at a later time.
Compatibility with Surrounding Area — The senior housing should provide an excellent transition
between the commercial development to the north and the single-family development to the
south. The seniors will benefit from the close proximity to shopping, medical and other services
located in the Central Area. This type of housing will also have a lower traffic and parking
impact than a typical medium to high-density housing development.
Densi — The overall development will have a total of 235 units for a gross density of 12 units
per acre. The proposed density is well within the R-4 density standards of the zoning code, but
the site is within the Shoreland Impact Zone of O'Leary Pond, so a more restrictive density
requirement applies to the site. This requirement and issues related to it are discussed under the
variance section of the report.
Setbacks — The proposed building setbacks meet or exceed code requirements.
Building Height & Elevations- The proposed buildings will be 3 story buildings up to 35 feet in
height meeting the zoning and shoreland height requirements. Buildings will have maintenance
free exterior of brick and vinyl siding. The design present a residential appearance based on the
neighboring residential uses. The building exterior use brick to make a transition between the
commercial buildings on the north and the residential buildings to the south. Horizontal lap side,
traditional residential trim, gables, single hung windows and some dormer windows cupolas will
be used on the buildings. The siding will be maintenance free in an off-white color, the brick
will be traditional red/brown color and Kasota stone will be used to trim the masonry window-
sills. Trash will be serviced from the garage area. If the dumpsters are to be stored outside on
any of the buildings an attached structure matching the exterior building materials should be
provided.
Parking - The proposed site plan indicates that 100 surface spaces in four small parking lots for
residents, employees and visitors; and 96 underground spaces (44 in Building 1, 52 in Building
2) for residents will be provided. The zoning code does not stipulate a parking requirement for
independent senior housing. The resident parking requirement of 2 per unit is probably
excessive for senior housing. The parking provided on this site is at a similar ratio to the Oak
Woods of Eagan development and the 9 other HRA senior housing developments throughout the
County. They have not experienced parking shortages at any of those sites. The assisted living
and long term care facility in combination provides 66 parking spaces in two lots. The code
would require 27 spaces for Buildings 3 and 4 combined.
The surface parking lots met the setback requirements from the street.
13 0
Planning Report — HRA Senior Housing
June 24, 1997
Page 6
Landscaping - The landscape plan shows a variety of trees and shrubs. Over -story trees are
shown about every 65 feet along Town Centre Drive. The parking lots are oriented with the
shorter width parallel to the right of way. Screening of the parking lots serving Buildings 1 and 2
appear to meet the 75% opacity standard, although landscaping of the parking lot on the western
portion of the site could be revised to provide greater opacity year round between the parking lot
and Town Centre Drive. Irrigation should be provided to all maintained landscaped areas on the
site.
The southern portion of the site contains significant vegetation and is wooded. This area and the
existing vegetation will remain undisturbed.
At the neighborhood meetings held regarding this proposal concerns were raised regarding year
round screening on the south edge of the property. The topography of the site limits the
effectiveness of such addition screening, but the HRA should consider adding some coniferous
trees to the landscaping along the south side of buildings 1 and 2 for year round screening and to
add. a vertical element to break up the three-story wall.
Si a e — No signage is proposed at this time. Any signage should conform to the City Code.
Aimort Noise - 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 adopted a revised Aviation Chapter, which anticipates the impacts from
the continued operation of the airport at it, s current location. The noise policy contours in northern
Eagan place the subject property within Noise Zone IV.
Within this area, infill residential development is provisional. Provisional land uses are permitted,
provided that the design and construction of multiple dwelling residential buildings sufficiently
attenuates outside noise to achieve an indoor noise level of 45 dBA. While the proposed
improvements are consistent with the Comprehensive Plan and do not require Metropolitan Council
review, the long-term satisfaction of the residents of the proposed facility will be enhanced by
conformance with this standard.
Variance
Density-Shoreland zoning - This water body is designated as a General Development Lake in
the Shoreland Zoning provisions of the City Code. This section of the code requires density to
be calculated by 200 foot wide tiers banding out from the Ordinary High Water Level (OHWL)
of O'Leary Pond. The density permitted on this site by the Shoreland Zoning within 1000 feet of
the OHWL is 172 units. Buildings 1, 2 and part of 3 fall within 1,000 foot band totaling
approximately 155-160 units. Buildings 1 and 2 are contained within the first two 200 foot tiers
and a portion of the third tier. The code provides for only 58 units in the first two tiers. To meet
the requirements of the ordinance the buildings 1 and 2 would need to be spread out over the
entire first four tiers. Density transfers are permitted to tiers fiurther away from the water body,
but are not provided for in the reverse direction.
�3►
Planning Report — HRA Senior Housing
June 24, 1997
Page 7
The HRA is requesting a variance from this provision because they desire to group Buildings 1
and 2 on the east side of the site. In keeping with the intent of the density requirement, the HRA
will maintain the central part of the site as permanent open space. The reasons for this request
are both functional and physical. The HRA intends to retain ownership of both of these
buildings and desires to keep them in close proximity to create a neighborhood atmosphere, share
common facilities and to facilitate building and site maintenance activities. Also, in order to
redesign the site to meet the strict application of the ordinance an existing stormwater drainage
easement and pipe would need to be relocated. Changing the location of this pipe is feasible
from an engineering perspective, however the realignment would result in degradation of the
buffer area around the shoreline and add significantly to the project costs.
The City has adopted the State DNR's model shoreland ordinance and as such, it is designed to
regulate different development situations statewide. The intent of this provision is to keep
residential density lower at the shoreline and allow density to increase further from the shoreline.
The HRA has worked with the City to preserve a significant buffer of existing vegetation along
the shoreline and by grouping the buildings in this way there will be less of a visual impact for
the single family neighborhood to the south.
Preliminary Subdivision
Lots — The HRA proposes to create one lot of 6.5 acres on the eastern side of the site and an
outlot for future development consisting of about 13 acres on the western portion of the site.
rading - The preliminary grading plan is acceptable. The north portion of Lot 1 will slope north
toward Town Centre Drive while the southern portion will slope south toward O'Leary Lake as it
does currently. The proposed first floor elevations of Buildings 1 and 2 on Lot 1 will be
approximately 4 to 5 feet above Town Centre Drive and approximately 30 feet above O'Leary
Lake. A large berm 20 to 25 feet in height currently runs along the south edge of property. The
developer is proposing to leave a majority of the bene as is and add onto it at the east end
proposed outlot. The proposed first floor building elevations for Buildings 3 and 4 on proposed
outlot will be about 6 to 8 feet above Town Centre Drive and 11 to 13 feet below the existing
berm elevation.
Water Quality/Storm Drainage — This development is located along the north shore of O'Leary
Pond, a designated indirect contact recreation water body. Storm water runoff from the buildings
and parking lots on Lot 1 is proposed to drain via an internal storm sewer system to existing
storm sewer within Town Centre Drive which can accommodate the runoff. The building and
parking lot areas on the proposed outlot are proposed to drain through an internal storm sewer
system to a proposed storm basin before discharging into existing Pond DP -23 along Denmark
Avenue.
Both lots are well within the Shoreland Ordinance 25% impervious surface maximum. The
proposed site plan results in a 21 % imperious surface coverage on Lot 1 and 13% impervious
surface coverage on the proposed outlot.
��a
Planning Report — HRA Senior Housing
June 24, 1997
Paee 8
Wetlands — There is one small wetland area just to the west of O'Leary Pond. This area will not
be disturbed by the site development.
Utilities - The preliminary utility plan is acceptable. Sanitary sewer and water mains within
Town Centre Drive are available for connection by the development. The sanitary sewer service
pipe stubbed to the property from the mainline sanitary sewer is not sized for the proposed
development and will need to be replaced to accommodate the number of housing units planned.
Access/Street Desi - Public street access is proposed onto Town Centre Drive at four locations
with three driveways for Lot 1 and one for Outlot A.
Easements/Ri hts of Way/ Permits - The developer will be responsible for obtaining all
regulatory agency permits prior to final plat approval, including a modification to the Eagan
Heights Commercial Indirect Source Permit.
Tree Preservation - A tree preservation plan and a tree inventory have been submitted for this
development. The inventory indicates that current significant vegetation consists of 31
significant trees. The significant trees are a variety of deciduous trees (oak, cottonwood,
boxelder, black cherry, and hackberry) ranging in diameter from 6" to 26. All of these
significant trees are located along the south and east property lines, many of them concentrated
along the north shoreline of O'Leary Lake.
The development as proposed will result in the removal 3 significant trees (9.7% of the total).
According to the City of Eagan Tree Preservation Ordinance, allowable removal for this type of
development (commercial, single lot) is set at 30% of the existing significant vegetation. With a
significant tree removal less than allowable limits there is no tree preservation mitigation for this
development.
Parks and Trails Dedication — This property was once part of Eagan Town Centre 100 Addition
which completed park dedication requirements through a cash payment as commercial property.
As residential property this development would be responsible for a parks dedication of $34,000.
Therefore, after crediting the payment at the commercial rate an addition $ 612 per unit is
required to fulfill the residential park dedication requirement. Since the City is financing a
significant portion of Building 2, the City Council has previously determined that additional fees
should be waived on that building. Whether or not the additional fees should be waived should
be determined when the final plans are approved for Building 1 or when the outlot is developed.
Town Centre Drive borders the property. A sidewalk is in place east of this parcel. Given the
nature of this development, it would be appropriate for a sidewalk to continue along this section
of road. The HRA should be responsible for installing this sidewalk as a part of this project.
This satisfies the city trail dedication requirement.
The Parks plan also called for a trail connection from the Duckwood Estates single family
subdivision to the south through this property to O'Leary Park. At the time that this subdivision
was developed a 7.5 -foot trail easement was obtained between two lots for the intended purposed
of providing a trail connection today, but would require addition easement from this
1 3
Planning Report — HRA Senior Housing
June 24, 1997
Paee 9
development. At the Advisory Parks Commission meeting on June 23, the Commission
determined that the linkage was not necessary given the characteristics of the neighborhood, but
recommended keeping the easements on the property to the south in case there is a future need
for a trail in this area. The Parks Commission did not request the dedication of any trail
easements with this plat.
SUMMARY/CONCLUSION
The Dakota County HRA is requesting a Preliminary Planned Development to allow a senior
housing campus consisting of up to four residential buildings to be constructed in phases, a
Preliminary Subdivision consisting of one lot and one outlot on approximately 19.5 acres, and a
Variance to Sec. 11.21 Shoreland zoning density provision. The development appears
compatible with the surround development and service as a transitional use between the
commercial and residential uses. The architecture selected for the site has strong residential
elements further enhancing the development's compatibility with the single family neighborhood
to the south.
The development falls within the Shoreland Impact Zone of O'Leary Pond. The proposed plan
meets all requirements of the Shoreland zoning, except for the density provisions. Overall the
density meets the shoreland requirements, but the code does not provide for density transfers to
locations closer to the protected water body. The HRA is requesting variance from this provision
in order to avoid the disruption of relocating a storm drainage pipe. This will protect the
shoreline buffer area from damage. The site design actually reduces the profile of the buildings
to the south than if they were designed to meet this requirement.
Two neighborhood meetings were held in April and June. Neighbors were concerned with the
design of the buildings, parking lot locations, the trail -way connections and the buffering on the
south edge of the property. Several of the neighbors concerns were addressed prior to the HRH's
application submission to the City and are reflected in the plans that are under consideration.
ACTION TO BE CONSIDERED
A. To recommend approval or denial of a Preliminary Planned Development for a Senior
Housing Campus up to 235 units of senior housing or 130 units of senior housing and a
65,000 square foot office building on property located on the south side of Town Centre
Drive, east of Denmark Ave and north of O'Leary Lake in the NE'/. of Section 15, Subject
to the following conditions:
1. The proposed campus shall not exceed 235 units/rooms of senior housing or care facilities or
the campus shall not exceed 130 units of senior housing and a 65,000 square foot office
building.
2. All residential buildings shall be constructed to meet interior noise level of 45 dBA for aircraft
noise attenuation purposes.
(31
Planning Report — HRA Senior Housing
June 24, 1997
Pase 10
3. The developer shall install more evergreen trees for year round screening and to break up
vertical elements behind buildings 1 and 2; provide additional parking lot screening for
building 3 along the Town Centre Drive frontage and irrigate all maintained landscape and
lawn areas on the site.
4. A Final Plan Development Agreement shall be executed with the construction of each
building and shall consist of the following exhibits: Final Site Plan; Final Building
Elevations, Final Lighting Plan and Final Landscape Plan.
5. Future Buildings shall be compatible in design, color scheme and building materials utilized
for proposed building 2.
6. The developer shall provide an emergency vehicle access to the rear of Building 2 along the
west side in compliance with the city fire code.
7. Any signage shall comply with the city sign code.
8. Dumpsters stored on the exterior shall be in an attached enclosure matching the building
materials of the building.
B. To recommend approval or denial of a Variance to the Shoreland Ordinance (section 11.21,
Subd. 10.F.2.e) to allow density transfers to a tier closer to the water body on property
located on the south side of Town Centre Drive, east of Denmark Ave and north of O'Leary
Lake in the NE 1/4 of Section 15, subject to the following condition:
1. The land between 200 and 800 feet from the OHWL in the proposed outlot must remain as
permanent open space.
C. To recommend approval or denial of the Preliminary Subdivision consisting of one lot and
one outlot on property located on the south side of Town Centre Drive, east of Denmark Ave
and north of O'Leary Lake in the NE '/4 of Section 15, subject to the following Conditions.
1. The developer shall comply with these standards conditions of plat approval as adopted by
Council on February 3,1993: B1, B2, B4 C1, C2, C4, D1, E1.
2. The property shall be platted.
3. Runoff from the western portion of the development be treated via on-site ponding prior to the
discharge to Pond DP -23. The pre-treatment basis shall have a minimum wet volume and mean
depth of .8 acre feet and 3 feet, respectively, and shall meet the City's Standards for Detention
Basin Design.
4. Run-off from the eastern portion of the site shall be directed to Pond DP -20. The City shall
require a cash dedication in lieu of on-site ponding for this portion of the site, the proceeds of
(3�
Planning Report — HRA Senior Housing
June 24, 1997
Paee 11
which should be used to enhance pollutant removal efficiencies in Pond DP -20.
5. An un -graded buffer at least 50 feet in width back from the ordinary High water level of
O'Leary Pond shall be preserved. This buffer should be left in an un -maintained condition after
development to filter overland runoff and provide buffer.
6. Filling or draining of wetland areas within the development parcel shall be prohibited
7. Tree Protective measures (i.e. 4 foot polyethylene laminate safety netting) shall be installed
at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of
significant trees/woodlands to be preserved.
8. The developer shall contact the City Forestry Division at least five days prior to the issuance
of the grading permit to ensure compliance with the approved Tree Preservation Plan.
9. The developer shall be responsible for additional park dedication at the residential rate at the
time of building permit for each building unless waived by the City Council.
10. The developer shall be responsible for installing a sidewalk along town center drive.
11. The developer shall obtain a modification to the Eagan Heights Commercial Park Indirect
Source Permit for this development.
B.
STANDARD CONDITIONS OF PLAT APPROVAL
Financial Obligations
1. 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.
C. Plans and Specifications
1. All public and private streets, drainage systems and utilities necessary to
provide service to this development shall be designed and certified by a
registered professional engineer in accordance with City adopted codes,
engineering standards, guidelines and policies prior to application for final
plat approval.
2. A detailed grading, drainage,
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.
4. A separate detailed landscape plan shall be submitted overlaid on the
proposed grading and utility plan. The financial guarantee for such plan
shall be included in the Development Contract and shall not be released
until one year after the date of City certified compliance.
D. Public Improvements
1. If any improvements are to be installed under a City contract, the appropriate
project must be approved by Council action prior to final plat approval.
E. Permits
1. This development shall be responsible for the acquisition of all regulatory
agency permits required by the affected agency prior to final plat approval.
F. Parks and Trails Dedication
1. This development shall fulfill its park and trail dedication requirements as
recommended by the Advisory Parks, Recreation and Natural Resource
Commission and approved by Council action.
G. Water Quality Dedication
1. This development shall be responsible for providing a cash dedication,
ponding, or a combination thereof in accordance with the criteria identified
in the City's Water Quality Management Plan, as recommended by the
Advisory Parks, Recreation and Natural Resource Commission and
approved by Council action.
H. Other
All subdivision, zoning and other ordinances affecting this development shall
be adhered to, unless specifically granted a variance by Council action.
Advisory Planning Commission City Council
Approved: August 25, 1987 September 15, 1987
Revised: July 10 1990
Revised:__ February 2, 1993
USOS
STANbARD.CON 10
FINANCIAL OBLIGATION — Eagan Senior Housing
There are pay-off balances of special assessments totaling $0 on the parcels proposed for
platting. The pay-off balance will be allocated to the lots created by the plat.
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 the connections proposed to be made to the City's utility system based
on the submitted plans.
Improvement Use Rate Quantity Amount
None
11,031
$0
O:W`:11[01i■i'P:10
ereliminary Subdivision and Planned Develonmr
awn
M
0
a
■rA
IF
•
0
F—
a
O
z
W
U)
z
a
0
a
w
a
J
a
r
a
z_
J
W
a
W
4
0
0
s
u
z
W
J
.
u
N
i
�3
LC
I
LL' [
r!
_
;y
► [i
LO
U!
0
�1
EC
I
o
C1
(�
L•r
W
4
0
0
s
u
z
W
J
.
u
N
rte'
I �
W
o
�1
I
o
C1
(�
L•r
W
4
0
0
s
u
z
W
J
.
u
N
Ia
I;
�1
I
CpF
^� C,
o
I
—
I
cr
vj
L
W
W
4
0
0
s
u
z
W
J
.
u
N
a
2
0
OPIPUS MR) YVJ OOSC 3AOOHd
IMS VIOS3N)WAY '$?70dV3NN*V
spe 3jins
OVOM JISMM 1S1'3 JOU
'S4V33NION3 D1317f)
iYld ASYNinnud
QN1snOH HOMS N
r
.......
.. ..
i,
jr
j.
A
r
1A
r
P
X
cn
• t -I �z
e.
d,��
i i ' i -J-1
M
FI
t ..o ww�•
r, poll-llp -trlp) rYd 005L-1Lr trip) 3NONd
IVIS9 WJ093NNAW 'p/70dV3NNpV
ROC 3J ins
OVON 034/8 Jpr3 We
'J/Y/ Stl33N/JN3 Bolin
- - -_
NYId NOUVASMSd 33&
ONISt10H VOIN3S NV DV3
--------
j--
—
0
l --'--- - -' `
u
j--
— 3—:-+
.
i
,.ij , .,3; •,,.
I
�
'2• s _
i.. -i
-i1
14
P.
u
41
J
_ z 104 ��„�
l�;� • Z a
d W CeY�
L
9tom;
i:fl a 5
41
J
v�
I
Z
7
L
LU
U
uj
OC
L
9tom;
H
v�
I
Z
7
L
LU
U
uj
OC
r 133HS 33S
•
-4-
7.
XVd 00SC-US IZASI aNOMd
19PSE V1063NNAPV
Soc alins
QVOAF &AAIM JSV3 loraNVId
'JN/ _'Sh133JVlDN3 013175
-41VH-.LS3M
IMIMO NOIS063 ;P ON10"D
DNlsnOH HOMS NV D v _3
. Ri m.
CN
r 133HS 33S
•
-4-
7.
..........
zqlf
5tt.;t -ji
#
03SOdOSd
---- - ---
4. ; - ---------
A,
..........
zqlf
#
03SOdOSd
---- - ---
4. ; - ---------
A,
..........
zqlf
#
03SOdOSd
---- - ---
4. ; - ---------
..........
zqlf
ter•: c•...•iDll -lli Wel XV -4 OOIe-JL9 TZlO/ 3NORd'G-�•,', ., .• , r ,7 `. P
�l
lerlp r1083WVM mnoeraMsri'^"
sof AIMS AWH-1SV3 • CS • ° ;' ' 1� M
*roe saATr lsra roes NY1d 10HINOO NOISOH3 V ONIO'daO ',Wui °;:z: -' _
'ON1 'Sb/33N1DN3 0131717 JN1snOH MOIN3S NVDV3
...>mc ez:n. ►..� .os, ,. ... C
e !� z
oj
Vill 3c412. NN
a �L Aga
� I F. � I Imo' ?.w _ �-\ s• .._.____-`-•�.Y_.....
W
N
Z
CLO
a
U)
N
06
"d
On
_H
4
W
N
Z
CLO
a
U)
N
06
June 20, 1997
. innesota Department of Natural ReS0Urce.>
Metro Waters - 1200 Warner Road, St. Paul, MN 55106-6793
Telephone: (612) 772-7910 Fax: (612) 772-7977
Ms. Pamela Dudziak
Associate Planner
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122-1897
RECE! VED JUN 2 4 1997
RE: PRELIMINARY PLAT OF EAGAN SENIOR HOUSING ADDITION, O'LEARY LAKE (# 19-56P)
Dear Ms. Dudziak:
I have reviewed the materials which were forwarded to me relative to the preliminary plat of Eagan Senior Housing Addition,
located within the shoreland district of O'Leary Lake. Lisa Freese of your staff and I have discussed this project earlier, based upon
some conceptual drawings which were available at the time.
O'Leary Lake is a general development basin. Land within 1000 feet of the lake is subject to the provisions of the city of Eagan's
shoreland ordinance (Section 11.21). I briefly compared the plans which were sent to me with the copy of the shoreland ordinance
I have on file.
It appears the building height is in conformance with the ordinance. Building height in excess of 35 feet requires a conditional use
permit. If this project will be processed as a Planned Unit Development, it will require a conditional use permit, in accordance
with your shoreland ordinance.
The proposed structures exceed the minimum lake setback requirement.
Planned Unit Developments require 50% open space. Calculations should be provided to city staff documenting the open space
requirements are met.
Lisa was performing calculations to check allowable densities, using the DNR PUD evaluation worksheet. I'm comfortable that
the final density for the project will be compliant.
I note that significant grading is proposed for the slope between O'Leary Lake and proposed building #1. Appropriate design,
implementation, and maintenance of erosion control measures is important to ensure the water quality of O'Leary Lake is protected.
I recommend additional plantings of native trees and grasses along the graded slope between the proposed building #I and the lake.
Thank you for the opportunity to review and comment. If you have any questions, please call me at 772-7910.
Sincerely,
Patrick J. L rkL- lI
Area Hydrologist
MR inlurnlaIion: 612-_296-61>7. 1-\11!1-7fJ,-( I)1� l: hl'-_'�JA-5}ti�• 1-NOO-657-3-2,
\�� I ,iu.,l � ll,;�...,:,:u::�. I ^y,!•��,^ I1 I'•�: � . •,,: R„t� Ic,l I'.:I�.�: t •�,,,eu,ii,.:.,
1\ •". \.,I^.r 11.. � a- 90' .•i::n„n, .•I il, I',.-1 t � n v:.n�: \\ oi.�
Agenda Information Memo
July 1, 1997 Eagan City Council Meeting
C. PLANNED DEVELOPMENT AMENDMENT — E -Z AIR PARK INC.
ACTION TO BE CONSIDERED:
To approve/deny a Planned Development Amendment allowing the property owner at 2804
Lexington Avenue S. to remove and replace an existing garage and add a 600 square foot office
to the north side of the new garage on Lot 7, Plainview Addition, in the SW 1/4 of Section 2
subject to the conditions listed in the APC minutes of June 24, 1997.
FACTS:
The existing house and garage and airport parking are located on the north portion of the
E -Z Air site. The house is used as an office/residence for the on-site manager.
• The applicant is proposing to raze the existing 20' x 22' garage and replace it with a
garage of the same size and at the same location. In addition, the applicant is also
proposing a 26' x 22' office component to be attached to the north side of the garage.
The garage portion will continue to be used as an accessory residential building and the
office portion will be used for general office functions and management. The office area
will contain a storage room, office, lobby, vestibule, and accessible restroom.
The function of the site will remain the same, i.e. the replaced garage will continue to be
used as a residential garage by the on-site manager and the addition of an office will
simply allow office functions to move out of the existing house.
At its regular meeting on July 24, 1997, the APC recommended approval of the
amendment subject to the conditions listed in the staff report.
BACKGROUND/ATTACHMENTS: (2)
APC Minutes of June 24, 1997, pages
Staff Report, pages through
151
Page 14
June 24, 1997
ADVISORY PLANNING CONMSSION
PLANNED DEVELOPMENT AMENDMENT
E -Z AIR PARK INC.
Commission Chair Heyl opened the next public hearing of the evening regarding a
Planned Development Amendment to allow the properly owner to remove and replace the
existing garage and add a 600 SF office off the north of the new garage for the site
located at 2804 Lexington Avenue on Lot 7, Plainview Addition located in the SWI/4 of
Section 2.
Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information
presented in City staff s planning report dated June 16, 1997. Mr. Ridley noted the
background and history, the surrounding uses and the existing conditions of the subject
property.
The applicant, Curt Kallister, was available for questions.
Member Burdorf moved, Member Frank seconded, a motion to recommend
approval of a Planned Development Amendment to allow the property owner to remove
and replace the existing garage and add a 600 SF office off the north of the new garage
for the site located at 2804 Lexington Avenue on Lot 7, Plainview Addition located in the
SWI/4 of Section 2, subject to the following conditions:
The new building shall only be used for office use and as an accessory residential
garage.
2. The exterior of the new garage/office building shall match the existing residence.
3. The applicantlowner shall be responsible for assuring that the existing lines can
accommodate the additional use and also that this general utility layout is functional.
4. The new building shall be constructed with noise attenuation measures that achieve a
maximum indoor noise level of 50dBA,
All voted in favor.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: June 16, 1997
APPLICANT: Mohagen Architects
PROPERTY OWNER: E -Z Air Park Inc.
REQUEST: Planned Development Amendment
LOCATION: 2804 Lexington Avenue
COMPREHENSIVE PLAN: Industrial (IND)
ZONING: Planned Development (PD)
SUMMARY OF REQUEST
CASE: 2-RZ-15-5-97
HEARING DATE: June 24, 1997
PREPARED BY: Mike Ridley
Mohagen Architects, on behalf of E -Z Air Park, is requesting approval of a Planned
Development Amendment to allow the property owner to remove and replace the existing
garage and add a 600 SF office off the north side of the new garage for the site located at 2804
Lexington Avenue on Lot 7, Plainview Addition located in the SW'/a of Section 2
BACKGROUND/HISTORY
The EZ Air Park operation is located on three separate parcels. The northern most parcel was
rezoned as the Plainview Planned Development in 1979. The Planned Development (PD)
provided for a mix of uses including a garden shop, storage building, and office building. None
of these uses were ever established. In 1984, the City approved a new use that allowed a 773 car
parking lot that would provide private airport parking. In 1986, the Council approved a 921
parking space expansion to bring the total parking facility capacity to 1,694 spaces.
In 1996, the Council approved the outdoor storage of a propane tank and recreational vehicles
and trailers (two -axle maximum).
EXISTING CONDITIONS
Currently, there are 1,486 parking spaces located on site; the propane and recreational vehicle
storage is located in the southeastern portion of the odd -shaped site. The airport parking and the
existing house and garage is located on the north part of the site. The house is used as the EZ Air
Park office and residence for the on-site manager. According to the applicant the garage is in a
state of disrepair. A 6' fence completely surrounds the property and landscaping has been
/ s3
Planning Report — E Z Air Park Amendment
June 24, 1997
Paize 2
installed along the property lines directly adjacent to the residential districts located to the south
and west. It appears all previous conditions of approval have been met.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
North - ABF Freight Terminal; zoned and guided Industrial.
South - Trans -X Freight Terminal; zoned and guided.
East - Villaume Lumber/Hwy 55 McKee buildings; zoned and guided Industrial.
West - McKee Addition; zoned R-1; and guided D -I, Single Family.
EVALUATION OF RE UEST
The proposal includes removing the existing 20'x 22' garage and replacing it with a new garage
of the same size and at the same location. In addition to the new garage the applicant is also
proposing a new 26' x 22' office component that will be attached to the north side of the new
garage. This expansion will allow the office functions for EZ to move out of the existing house
and into designated office space.
Compatibility, with Surrounding Area - The EZ Air operation appears to be compatible with the
existing land uses in the vicinity. The applicant believes the proposal will have a positive
aesthetic impact on the area by virtue of removing the existing garage which is in a state of
disrepair. The garage replacement will continue to be used as a residential garage by the on-site
manager and the addition of an office north of the garage should not have any negative impact to
the neighbors along Kenneth Street or any of the single family residential in the McKee
Addition. The function of the site will remain the same.
Site Plan — As mentioned previously in this report, although the current request is for a new
garage and office, the net change to the actual site is about 570 SF of office space being added.
The office addition portion of the new building will be located directly behind (east of) the
existing home.
Uses — The garage portion of the new building will continue to be used as an accessory
residential building and the office portion will be used for general office functions and
management. The office area will contain a storage room, office, lobby, vestibule, and accessible
restroom.
Ai: _)ort Noise Considerations — The noise policy contours in northern Eagan place the subject
property within Noise Zone III. Within this area, office uses are provisional. Provisional land
uses are permitted, provided that the design and construction of the building sufficiently
attenuates outside noise to achieve an indoor noise level of 50 dBA. The applicant should
construct the new building to meet this level of noise attenuation.
/ S -q
Planning Report — E Z Air Park Amendment
June 24, 1997
Page 3
Exterior Material — The new structure will have a residential design. The exterior of the new
garage/office building will include an asphalt shingled roof and stucco siding to match the
existing residence.
Utilities — The applicant is proposing water, sanitary sewer, and gas service to be extended from
the existing residence to the office portion of the new building. The applicant/owner should be
responsible for assuring that the existing lines can accommodate the additional use and that this
general utility layout is functional.
SUMMARY/CONCLUSION
The function of the site will remain the same. The proposal removes the existing garage which,
according to the applicant, is in a state of disrepair. The garage replacement will continue to be
used as a residential garage by the on-site manager and the addition of an office north of the
garage should not have any negative impact to the neighbors along Kenneth Street or any of the
single family residential development within the McKee Addition. The EZ Air operation appears
to be compatible with the existing land uses in the vicinity.
ACTION TO BE CONSIDERED
To recommend approval or denial of a Planned Development Amendment to allow the
property owner to remove and replace the existing garage and add a 600 SF office off the north
side of the new garage for the site located at 2804 Lexington Avenue on Lot 7, Plainview
Addition, located in the SW'/4 of Section 2.
If approved, the following conditions should be required.
1. The new building shall only be used for office use and as an accessory residential garage.
2. The exterior of the new garage/office building shall match the existing residence.
3. The applicant/owner shall be responsible for assuring that the existing lines can
accommodate the additional use and also that this general utility layout is functional.
4. The new building shall be constructed with noise attenuation measures that achieve a
maximum indoor noise level of 50dBA.
SSS
Crq of Eag—
Location Map
E -Z Air Park
Planned Development Amendment
Case No. 2-RZ-15-5-97
MY of Eagan Co munay Development Depatra t
)(-0
am
N
E
Crty ofEagen
Zoning Map
E -Z Air Park
s�.
\ H°
/�C.S�AH. NO.26 {LONE OAK
I
P! D E 1 PD
Current Zoning
Pa Planned Develpment
Case No. 2-RZ-15-5-97
a
STq
,zT, ,
H�-
M, '
SIM HQ ss
5't
700 0 700 1400 Feet
LI-'"
E -Z Air Park
s�.
\ H°
/�C.S�AH. NO.26 {LONE OAK
I
P! D E 1 PD
Current Zoning
Pa Planned Develpment
Case No. 2-RZ-15-5-97
a
STq
,zT, ,
H�-
M, '
SIM HQ ss
5't
700 0 700 1400 Feet
*c,V of Eagan Comprehensive Plan Map
Guide Plan Designation
IND Limited Industrial
E -Z Air Park
Case No. 2-RZ-15-5-97
1000 0 1000 2WD Feet
City of Eagan Community Development Department
V10S3NNIW NVOV3
S310N 38 133rodd 30Id30/30VHVD
SASH 'A3Adns AdVd 81Y Z-3
MN
@ f @ % o
o
r a e
$ o
t ,Er
i
a
a
gill
C
3 Z
E@4@g1g
11111111E6§2,41
11111111112,11
511
i• 3 3
i
W
X
W
d
z
i3
i E
�
�� �E Ei � ��
� � •
@
�
W
G
ii
11
3ggggg11�
MN
@ f @ % o
o
r a e
$ o
i
a
a
gill
C
E@4@g1g
11111111E6§2,41
11111111112,11
511
6}
i E
�
I
5!�
@
15
11
3ggggg11�
@ f @ % o
4
r a e
i
gill
E@4@g1g
11111111E6§2,41
11111111112,11
511
6}
I
"'V -t77
3nY ^D+tauit sns�ab
�
L,fiva�
z�
a�s
K
"c
i
i
V1053NNIW NVJV ^� '..: •••._...
=SNV"Iodl
3l� 103rOdd 301AAO/30VaV0 �. .I�uw�•..* ... ao
^�. �:...i.wa'° a.1 nu •n01A AdVd81Y Z-3 �JbHOYV�i� a
!;
LE
®
§ Ji'
*41
a® ^
Agenda Information Item
July 1, 1997 Eagan City Council Meeting
D. Conditional Use Permit & Variance - U.S. West - New Vector.
ACTIONS TO BE CONSIDERED:
To approve or deny a Conditional Use Permit allowing a 120' communication tower located at
3659 Kennebec Road and;
To approve or deny a Variance to the co -location requirement for a tower exceeding 100'.
FACTS:
➢ In 1995 U.S. West - New Vector received approval for a Conditional Use Permit allowing
an 80' communication tower and an equipment building at this location. The tower was
approved prior to the communication ordinance adoption by the City.
➢ The existing 80' tower is located in an industrial area.
ISSUES:
➢ According to the applicant the current height of the tower is not sufficient to provide
service to the cell. The applicant has suggested that a 40' spread of antennas beginning at
80' up to 120' will eliminate the current service problem.
➢ Because of the necessary configuration of the antennas on the tower the tower is
unsuitable as a site for co -location by another service provider according to the applicant.
The proposal for a tower of 120' exceeds the height by 20' for a tower not providing co -
location, requiring a Variance to the ordinance.
ATTACHMENTS: (2)
June 24, 1997 APC Minute pages -�(t.
Staff Report pages - �' through
Page 19
June 24, 1997
ADVISORY PLANNING CONMSSION
CONDITIONAL USE PERMIT
U.S. WEST NEW VECTOR GROUP INC.
Commission Chair Heyl opened the next public hearing of the evening regarding a
Conditional Use Permit to allow a communication tower in excess of 100' maximum
height limitation and a Variance to allow the tower with or without co -locations provided.
The site is located northwest of Kennebec Drive in the NWV4 of Section 17.
Planner Tyree introduced this item. Ms. Tyree highlighted the information
presented in City staffs planning report dated June 18, 1997. Ms. Tyree noted the
background and history, the surrounding uses and the existing conditions of the subject
property.
David Larson, a representative for Air Touch (U.S. West New Vector) was
available for questions. Mr. Larson stated that they were trying to improve connections
and that hills to the east were blocking reception to the northern and central areas of
Eagan and that the additional feet on the tower will improve the reception. He also stated
that it is difficult terrain so there would be some unusual configurations on the antennas.
In response to Member Burdorf s question, Mr. Larson stated that additional feet
could be put on top of the tower, a new tower does not have to be put up in its place.
Member Miller questioned as to whether AT&T and U.S. West would be able to
co -locate and if they did, would the ideal placement for each of them be in the same areas
to which Mr. Larson replied that if they had been developed contiguously since the
beginning it would be ideal to be in the same places but since that was not the case, it
would not be beneficial now. Mr. Larson also stated that as technology develops, it -may
decrease the number of poles and towers necessary.
Member Segal moved, Member Miller seconded, a motion to recommend approval
of a Conditional Use Permit allowing a cellular tower of 120', twenty feet in excess of
100' as allowed by Code, subject to the following conditions:
1. The Conditional Use Permit shall be recorded at Dakota County within 60
days of City Council approval with receipt provided to the City.
2. The Conditional Use Permit provides for a 120' tall communication
monopole. No equipment or antennas may be in excess of 120'.
3. A building permit shall be obtained for the erection of the monopole.
I U zL
Page 20
June 24, 1997
ADVISORY PLANNING CON%ESSION
4. The applicant shall provide the City documentation, from a structural
engineer, confirming the structural integrity of the proposed monopole.
5. No artificial illumination shall be allowed on the tower except when
required by law or another governmental agency.
6. No signage other than public safety warnings or equipment information
shall be affixed to the tower or the equipment building.
All voted in favor.
Member Segal moved, Member Frank seconded, a motion to recommend approval
of a 20' Variance to allow a monopole in excess of the maximum height permitted (100')
without allowing for co -location.
All voted in favor.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: June 18, 1997
APPLICANT: U S West NewVector Group Inc.
PROPERTY OWNER: Ronald & Lisa Have
REQUEST: Conditional Use Permit & Variance
LOCATION: 3659 Kennebec Drive
COMPREHENSIVE PLAN: IND - Industrial
ZONING: I-1, Limited Industrial
SUMMARY OF REQUEST
CASE: 17 -CU -16-5-07
HEARING DATE: June 24, 1997
PREPARED BY: Shannon Tyree
US West New Vector Group (AirTouch) is requesting a Conditional Use Permit to allow a
communication tower in excess of the 100' maximum height limitation and a Variance to allow the
tower with out co -locations provided. The site is located northwest of Kennebec Drive/Shawnee
Road intersection and southeast of Seneca Wastewater Treatment Plant at 3659 Kennebec Drive in
the NW 1/4 of Section 17.
AUTHORITY FOR REVIEW
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.
Planning Report - US West
June 24, 1997
Page 2
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.
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.
BACKGROUND/HISTORY
Cedar Industrial Park was platted in 1967. In August of 1995 the City Council approved a
Conditional Use Permit allowing a 80' cellular antenna tower and an equipment building at this
location.
EXISTING CONDITIONS
Freightmasters owns a truck and repair shop on this site. The existing tower is currently at a height
of 80' with two groups of four antennas each and a 288 s.f brick, equipment building. Both are
located in the NW corner of the lot and are accessible to US West by a 16' wide access easement.
SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan
designations surround the subject property:
North - Freightmasters; zoned I-1; guided IND.
South - Herregan Distributors Inc.; zoned I-1; guided IND.
East - Multi -tenant office warehouse; zoned I-1; guided IND.
West - Seneca Wastewater Treatment Facility; zoned I-1; guided IND.
EVALUATION OF REQUEST
Conditional Use Permit
The purpose for the Conditional Use Permit is to allow US West to tower and antennas to be
constructed to a height of 120'. According to the applicant, the current height of the tower is not
sufficient to provide service to the cell. The City's Communications Tower Ordinance states that a
freestanding tower and antennae shall not exceed 100' or 125' if at least one additional antenna for
Planning Report - US West
June 24, 1997
Page 3
another communication provider is accommodated. The applicant's proposal for a tower of 120'
exceeds the height by 20' for a tower not providing co -location, requiring a Variance to the
Ordinance.
Compatibilitywith Surrounding Area - The proposed additional height to the antenna appears
compatible with the industrial land uses in the area. The original 80' tower was found to be
compatible with the area. There are two other tall structures in the immediate vicinity of the subject
site including concrete structures supporting high voltage transmission lines and the smokestack for
the Seneca Wastewater Treatment Facility.
Site Plan - The proposed site plan indicates that the 120' monopole will be constructed in the same
location as the existing tower. The proposed tower will have three proposed antenna mounts with
four antennas each. The antennas are located at 80', 100' and 120'.
Building Design - There are no changes to the equipment building. Nor are there any changes to
the existing fence.
Easements/RiOits of Way/Permits - There presently is a 16' wide non-exclusive access easement
from Kennebec Drive to the tower, antennas, and building in the rear yard of this site. This was
provided when the Conditional Use Permit was granted in 1995.
Variance
The Variance request, according to the applicant, is due to the configuration of the antennas making
it unsuitable as a site for co -location by other service providers. U.S. West (NewVector) indicated
in its application submission that because of the terrain, the antennas are set at three different
heights, 80', 100', and 120'. Additionally, the applicant has informed the City that a vertical
separation of 20' is required between different providers of cellular service. Because the terrain has
dictated that NewVector antenna be spread over 40' of tower height, no space remains for other
providers.
SUMMARY/CONCLUSION
The advisory planning Commission's review of the CUP is to ensure compatibility with the
surrounding uses in the area. The granting of a CUP is based on; the designated location and height
of the communication tower should not be obtrusive to the area, proposed design and appearance of
the tower appears to be compatible with the intended character of the general area, and conditions
of the operation do not appear hazardous or detrimental to the health or property of surrounding
properties.
The proposed land use appears compatible with the surrounding industrial land uses.
Planning Report - US West
June 24, 1997
Page 4
ACTION TO BE CONSIDERED
A. To recommend approval or denial of the proposed Conditional Use Permit allowing a cellular
tower of 120', twenty feet in excess of 100' as allowed by Code subject to the following
conditions:
1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of
City Council approval with receipt provided to the City.
2. The Conditional Use Permit provides for a 120' tall communication monopole. No
equipment or antennas may be in excess of 120'.
3. A building permit shall be obtained for the erection of the monopole
4. The applicant shall provide the City documentation, from a structural engineer,
confirming the structural integrity of the proposed monopole.
5. No artificial illumination shall be allowed on the tower except when required by law
or another governmental agency.
6. No signage other than public safety warnings or equipment information shall be
affixed to the tower or the equipment building.
B. To recommend approval or denial of the proposed 20' Variance to allow a monopole in
excess of the maximum height permitted (100') without allowing for co -location.
( �I
FINANCIAL OBLIGATION—17-CU-16-5-97 Lot 1, Block 3, Cedar Industrial Park
There are pay-off balances of special assessments totaling $2,422 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.
Improvement Use Rate Quantity Amount
None
$o
e:9I�:I11*1i■ 1'jelole
"NO
ri
C Col • -r-i. - IRUN LVA .
�4d,F&'
IND
Guide Plan De
imn limifd%-d i,
ase No. 17 -CU -16-5-97 •^�
ems- �r�erwgo
.i q *
man
!r:�1►l��Cox NMI 104
lo t 011111:
Ina -Liu
ustria
offogm
_
Zoning: Map
Current Zoning
1-1 Limited Industrial
U.S. 'West
Case No. 17 -CU -15-3-97
Irl
3•
4�
I
��7 •
O
M-010.
.
700 0 700 1400 Feet
Agenda Information Memo
July 1, 1997 Eagan City Council Meeting
E. ORDINANCE AMENDMENT - CITY OF EAGAN
ACTION TO BE CONSIDERED:
To approve/deny an Ordinance Amendment to City of Eagan Code, Chapter 11, entitled 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, Section 11.99.
FACTS:
At its regular meeting on May 6, 1997, the Eagan City Council approved a Communications
Tower Standards Ordinance. Staff inadvertently omitted the second part of the Ordinance
Amendment that amended each of the use districts affected by the Communications Tower
Ordinance.
• This Ordinance Amendment does not change any communications tower standards as
adopted in May.
• At its regular meeting on June 24, 1997, the Advisory Planning Commission recommended
approval of this Ordinance Amendment.
BACKGROUND/ATTACHMENTS: (3)
Staff memo to Advisory Planning Co ssion, page I .
Ordinance Amendment, pages _j_jhrough .
Advisory Planning Commission Minutes of June 24, 1997, page
� -)a
city of eagan
To: Chair Carla Heyl and Members of the Advisory Planning Commission
From: Lisa Freese, Senior Planner
Date: June 19, 1997
Re: Item H - Ordinance Amendment, Communication Towers and Antennae
BACKGROUND
MEMO
At the April 1997 regular meeting of the Advisory Planning Commission, a public hearing was
held regarding the regulation of antennae, towers, satellite dishes and wind energy conversion
systems. The city attorney's office structured the amendment as two separate ordinances. One
related to development standards and definitions and the other amended the use districts to include
towers, etc. as either permitted or conditional uses.
In the original motion, staff inadvertently omitted the ordinance that amended the use districts.
Attached is the ordinance as presented at that public hearing. No changes are recommended. The
City Council approved the communications tower standards ordinance at their May 6, 1997
meeting also without addressing the ordinance pertaining to use districts.
In order to meet the administrative requirements associated with zoning code amendments, the
APC will need to hold a public hearing on these use districts and make a recommendation to the
City Council for their consideration.
ACTION TO BE CONSIDERED
To recommend approval or denial of an ordinance amending City of Eagan Code Chapter 11
entitled "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.
1 *0?3
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MM1 1ESOTA, AMENDING EAGAN
CITY CODE CHAPTER ELEVEN LNTITLED "LAND USE REGULATIONS (ZONING)"
BY AMENDING SECTION 11.20 REGARDING ANTENNAE, SATELLITE DISIIES,
WIND ENERGY CONVERSION SYSTEMS AND TO'ArERS; 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
rdain:
Section 1. Eagan City Code Chapter I l is hereby amended by changing Section 11.20, SLibd.
3(C)(5), to read as follows:
C. Accessory Uses. Within any Agn•icultut•al ("A") Disuict, any accessory use
permitted an R-1 District shall be permitted and a wind energy conversion system,
subject to the regulations thereof in this Code, shall be permitted.
Section 2. Eagan City Code Chapter I 1 is hereby amended by adding Section l ] .20, Subd.
4(C)(7) and (8), to read as follows:
7. Building mounted antennae and satellite dishes, subject to the
re""inions thereof u1 this Code.
S. Freestanding towers, subject to the regulations thereof in this
Code.
Section 3. Eagan City Code Chapter I 1 is hereby amended by adding Section 11.20, Subd.
5(C)(7) acid (8), to read as follows:
7. Building mounted antenna and satellite dishes, subject to the
regulations thereof in this Code.
S. Freestanding towers, subject to the regulations thereof un this
Code.
Section 4. Eagan City Code Chapter 11 is hereby amended by changing Section 11.20, Subd.
7(A), to read as follows:
A. Permitted Uses. Within any Public Facilities District, no sh-rrcture or
land shall be used except for one or more of the following uses or uses deemed similar
by the Council: Public structures, parks, playgrounds, camping grounds, swimming
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 l I is hereby amended by adding Section 11.20, Subd.
7(B)(3), to read as follows:
I 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 addung Section 11.20, Subd.
16(E)(1), to read as follows:
E. Permitted Accessory Uses.
11. Building mounted antenna or satellite dish, subject to the
regulations thereof in this Code.
2
�w7s
Section S. Eagan City Code Chapter 1 1 is hereby amended by adding Section 11.20, Subd.
1 G(C)(15), to read as follows:
15. Freestanding tower or wind energy conversion system, subject to
the regulations thereof in this Code.
Section 9. Eagan City Code Chapter l 1 is hereby amended by adding Section 11.20, Subd.
17(D)(1), to read as follows:
D. Pennitted Accessory Uses.
1. Building mounted antenna 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. Eagan City Code Chapter l 1 is hereby amended by adding Section l 1.20, Subd.
1 S(D)()), to read as follows:
3. Building mounted antenna or satellite dish, subject to the
regulations thereof in this Code.
Section 12. 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
l?6
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 tlieu- entirety by reference as
though repeated verbatim.
Section 14. Effective Date. This ordinance shall 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 Publislied in the Legal Newspaper:
Date of Advisoiy Planning Commission Hearing:
n
0
Page 25
June 24, 1997
ADVISORY PLANNING C01%MSSION
ORDINANCE AMENDMENT - CITY OF EAGAN
Commission Chair Heyl opened the next public hearing of the evening regarding
an Ordinance Amendment to City Code Section 11.20 entitled "Land Use Regulations"
(Zoning) regarding Communication Towers and Antennae.
Senior Planner Freese introduced this item. Ms. Freese highlighted the information
presented in her memorandum to the APC dated June 19, 1997. Ms. Freese noted the
background of the subject.
Member Burdorf moved, Member Frank seconded, a motion to recommend
approval of an Ordinance Amendment to City Code Section 11.20 entitled "Land Use
Regulations" (Zoning) regarding Communication Towers and Antennae.
All voted in favor.