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04/03/1990 - City Council RegularAGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING APRIL 3, 1990 6:30 P.H. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. DEPARTMENT OF PUBLIC WORKS t 1. Projects 466 & 510, Consider Streetlight Installation/Upgrade (Pilot Knob, Diffley & Cliff Road) IV. 6:55 - CONSENT AGENDA (PINK) " A. PERSONNEL ITEMS B. LICENSES, Plumbers P' �o C. PROJECT 594, Authorize Feasibility Report (Pond LP -67) p D. CONTRACT 90-06, Approve Plans/Authorize Advertisement for Bids (Cray Addition, ® Coventry Pass, and Effress Addition -. Storm Sewer) E. PROJECT 87-QQ, Acknowledgergept of Completion (Country Hollow - Streets & Utilities) P" /L F. FINAL PLAT, Park Center P C. FINAL PLAT, Duckwood Square 11. FINAL PLAT, Frank's Nursery & Crafts r'(6 .. I. SCHEDULE Public Hearings for Rezoning Process, 16 Parcels Adopted in R-4 Study c RATIFICATION, Variance, Gordon Byers, 4825 Eriks Boulevard, for 1' to the Sideyard P Setback Requirements 2 RESOLUTION, Access Minnesota Project, Minnesota Department of Trade and Economic Development 10 Z V. 7:00 - PUBLIC HEARINGS (SALMON) VI. OLD BUSINESS (ORCHID) a�A. CONSIDER Adoption of Comprehensive Water Quality Management Plan CONDITIONAL USE PERMIT & VARIANCE, MN Public Radio, to Allow Radio Towers in an 1.I (Light Industrial) District Located West of Highway 13, North of Silver Bell Road in the South 1/2 of Section 18 (pJ C. PROJECT 559, Design Study Report/Authorize Plans & Specifications (Maintenance Facility Expansion) VII, NEW BUSINESS (TAN) EXTENSION, Final Plat for Town Centre 100 - 5th Addition g CONSIDERATION, Trapp Farm Park Adjacent Property Acquisition to Allow Resifor a it- CONDITIONAL USE PERMIT, Dan Bar Block 2, SibleyaTeOrminalelnustrialePark Westnof Storage Facility n Lot C Highway 13, in the SE 1/4 of Sec 8 D. CONDITIONAL USE PERMIT, Tom Thumb, to Allow Motor Fuel Sales in a NB (Neighborhood lock ackbawk ` Business), B 1 ckhawk Plaza, LocatedconithelPlaza, 4, Block 1, Northeast Corner of Blackhawk Road and Diffley Road in the SE 1/4 of Sec 20 A�A! E. CONTRACT 90-01, Review Park Plans and Specifications, Wescott Station Park and Carlson Lake Park/Authorize Advertisement for Bids F. WAIVER, Plan Review Fees, St. John Neumann Church Addition & Remodeling, 4030 Pilot n Knob Road FARE PLAN V �G. COMPREHENSIVE THOROUEHa1 ate the Funcational Classification MENT, City of nand tE3 Designationofall �I` J Thoroughfare P o Thoroughfares in the City of Eagan CONSIDERATION of Moritorium on R-4 Development Applications t�DI. DISCUSSION of Drainage Problems (Country Home Heights) � VIII. ADDITIONAL ITEMS (GOLD) IX, ADMINISTRATIVE AGENDA (GREEN) X. VISITORS TO BE HEARD (for those persons not on agenda) XI, ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 29,19N SUBJECT: AGENDA INFORMATION FOR APRIL 3, 1990 CITY COUNCIL MEETING DOPT'.. ENB 'APPROVE MifNUTES'' After approval is given to the April 3, 1990 City Council agenda and regular meeting minutes for March 20 and special meeting minutes for March 27, the following items are in order for consideration. A. PUBLIC WORKS DEPARTMENT Item 1. Project 466 & 510, Consideration of Streetlight Installation%Upgrade (Pilot Knob, Diffley & Cliff Roads) --With the recent upgrading of County Roads 30, 31 and 32, it has been observed that there are several public street intersections where major intersection streetlights should either be installed, relocated and/or upgraded to the current style for uniformity and/or adequate lighting coverage. With Pilot Knob Road being widened from its previous 2 -lane rural roadway section to a 5 -lane high volume arterial, adequate streetlighting for local City streets are necessary to adequately inform and direct the traveling public in a safe and efficient manner. Enclosed on pages ;)-- and 3 are maps showing the 33 intersections where some form of major intersection streetlight needs should be met. While these streetlighting needs were not specifically addressed in the feasibility report for this major road improvement, they presently exist nonetheless. City staff has worked cooperatively with Dakota Electric Association to determine the cost of installation/relocation/upgrading streetlights at these 33 locations. The estimated cost is $19,825. The staff feels that these streetlight improvements and related costs are directly associated with the upgrading of these major County roads. Subsequently, it can be justified that these estimated costs should be the responsibility of this public improvement and financed through the Major Street Fund. Presently, $9,000 has been approved in the 1990 General Fund Budget to provide major intersection streetlighting. However, this is for intersections throughout the community beyond the scope of this recent major road improvement where streetlighting needs are identified and requested by either the general public or our maintenance and public safety personnel. Therefore, staff is requesting consideration of the Council to allow the streetlights to be upgraded as a part of the major road improvement for Projects 466 and 510. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the upgrade/relocation/installation of major intersection streetlights under Project 466 and 510 (Cliff, Diffley and Pilot Knob Roads). * INSTALL NEW STREET LIGHT O UPGRADE EXISTING STREET LIGHT RELOCATE EXISTING STREET LIGHT RELOCATE & UPGRADE EXISTING STREET LIGHT TOTAL COST = $19,625.00 M'. lb IL4 Oilz QE- ML 0 W it NE 01 9 INSTALL NEW STREET LIGHT O UPGRADE EXISTING STREET LIGHT RELOCATE EXISTING STREET LIGHT O RELOCATE & UPGRADE EXISTING STREET LIGHTS O a E ROAD TOTAL COST = $19,825.00 Agenda Information Memo April 3, 1990 City Council Meeting GONSEW AGENDA.`: There are eleven (11) items on the agenda referred to as consent items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the disucssion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS Item 1. Utility Maintenance Worker -- Two utility maintenance worker positions were approved in the 1990 budget. The City recently advertised for these positions. After screening the over 50 applications which were received for these positions, twelve applicants were invited to the Eagan Municipal Center for a written test. Only two applicants passed the test. These two applicants were interviewed by Superintendent of Utilities/Buildings Connolly, Utility Supervisors Heuer and Schwanz and Assistant to the City Administrator Duffy. It is their recommendation that Kelley Janes be hired as an utility maintenance worker for the City of Eagan, subject to successful completion of the City's physical examination requirement, and that the other utility maintenance worker position be readvertised later in the spring when students will be graduating from utility maintenance courses and looking for positions. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Kelley Janes as an utility maintenance worker for the City, subject to successful completion of the City's physical examination requirement. Item 2. Spring Seasonal Utility Maintenance Worker -- It is the recommendation of Superintendent of Utilities/Buildings Connolly that Bruce Koopmeiners be hired as a spring seasonal utility maintenance worker. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Bruce Koopmeiners as a spring seasonal utility maintenance worker. Item 3. Spring Seasonal Park Workers -- It is the recommendation of Superintendent of Parks VonDeLinde that be hired as spring seasonal park workers: Seasonal Forestry Technicians: Stanley Schneider Paul Schoening Agenda Information Memo April 3, 1990 City Council Meeting Seasonal Ballfield Attendants: Curtis Haider Thomas Mullin David Hansen Seasonal Maintenance Workers: Mark Johnson Steve Baehr Brent Tait Bruce Schlie Erick Perezflores Joseph Larkin Jerry Smith Jerry Velta Martin Richard Kluender Joseph Loma Michael Kostka Brent Eichten Seasonal Park Attendant: Nancy Oswald ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of the persons listed above as spring seasonal park workers. Item 4. Spring Seasonal Street Maintenance Worker -- This item is for the Council's information. Due to the early spring, the Streets/Equipment Division found it necessary to start a seasonal worker between Council meeting dates. As authorized by the Council, the City Administrator approved the hiring of Jeff Kadlec as a spring seasonal street maintenance worker. No Council action is required on this item. Item 5. Juvenile Officer/Crime Prevention Officer -- This item is for the Council's Information. A new investigator level position was authorized in the 1990 budget for the Police Department. This was the "Juvenile Officer." Movement between patrol officer and investigator positions are regarded as lateral transfers in the Police Department and are performed at the discretion of the Chief of Police. After determining the interest of current investigators, Chief of Police Geagan transferred the current Crime Prevention Officer (also an investigator level position), Larry Billmeyer, to the new Juvenile Officer position. All patrol officers were then given the opportunity to apply for the transfer to the Crime Prevention Officer position. An oral board was held for those officers. Members of the board included Under Sheriff Boyden of Washington County, Lieutenant Meszaros of the Eagan Police Department and Assistant to the City Administrator Duffy. s Agenda Information Memo April 3, 1990 City Council Meeting It was their recommendation to Chief Geagan that Officer Lori Tripp be appointed Crime Prevention Officer. The Chief then authorized that transfer. No Council action is required on this item. Item 6. Patrol Officer -- The transfer of Officer Tripp to Crime Prevention Officer opened a position as a patrol officer with the department. It is the recommendation of Chief of Police Geagan that the City's current Community Service Officer, Dan Mason, be appointed to the Patrol Officer position, effective May 1, 1990. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Dan Mason as a Police Officer effective May 1, 1990. Item 7. Resignation -- Dale Brule, an investigator with the Eagan Police Department has notified the City that he plans to retire from the department, effective May 30, 1990. Investigator Brule has been a member of the Eagan Police Department since May 24, 1969 when he began worldng as a part-time police officer. A copy of Investigator Brule's letter is enclosed for the Council's information on page I ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Investigator Dale Brule from the Eagan Police Department, effective May 30, 1990. March 23, 1990 Chief Patrick Geagan Eagan Police Department 3830 Pilot Knob Road Eagan, MN 55122 Dear Sir: Please be advised that I will be retiring from public service effective 5-30-90. It has been a pleasure serving the City of Eagan for the past 21 years as a member of the police department. Ellen and I will remain residents of Eagan. If I may be of assistance to the department, please feel free to call on me. I again want to thank the members of the Eagan Police Department and the City of Eagan for the opportunity of serving the community for the last 21 years. Sincerely, Dale Brule DB/bk Agenda Information Memo April 3, 1990 City Council Meeting Item 8. Community Service Officers (CSO) -- The City has been operating with only one Community Service Officer for the past few months. During that time, the City advertised for and conducted a hiring process for new Community Service Officers. If the appointment of the current CSO, Dan Mason, to police officer is approved, it will be necessary to hire two new CSOs. Additionally, another CSO position is expected to open up with the retirement of Investigator Brule. Over 65 applications were received for the CSO positions. Of that number, 18 applicants were interviewed by Chief Geagan, Captain Aszmann, Lieutenants Meszaros and Swanson, Sergeant Conyers and Assistant to the City Administrator Duffy. From the results of these interviews, 5 candidates were chosen for thorough background investigations. It is the recommendation of the above personnel that the following persons be hired in the following order as Community Service Officers for the City of Eagan, subject to successful completion of the City's physical, psychological and drug testing examination requirements: Dale Abram, Todd Kirchgatter and Caridad Arendaie. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Dale Abram, Todd Kirchgatter and Caridad Arendale in that order as Community Service Officers for the City of Eagan, subject to successful completion of the City's physical, psychological and drug testing examination requirements. Item 9. Administrative Intern -- The City received over 45 applications for this open temporary position. After screening the applications, six candidates were invited to the Eagan Municipal Center for an interview. Interviews were conducted by City Administrator Hedges and Assistants to the City Administrator Hohenstein and Duffy. John Olinger is the person recommended for hire. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of John Olinger as the temporary Administrative Intern for the City. �16 Agenda Information Memo April 3, 1990 City Council Meeting PLUMBERS' LICENSES B. License, Plumbers --There are six (6) plumbers' licenses in order for consideration. All six (6) license applicants have satisfied the necessary regulations set forth in the City Code to meet the licensing provisions. The applicants are as follows: 1) Aaron's Plumbing, 2) Advanced Plumbing & Heating, 3) Madsen Plumbing & Heating, 4) Marty's Excavating, 5) Star Plumbing, 6) Stillwater Plumbing. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the six (6) plumbers' licenses as presented. 0 Agenda Information Memo April 2, 1990, City Council Meeting AUTHORIZE FEASIBILITY REPT/POND LP -67 C. Project 594, Authorize Feasibility Report (Pond LP -67) --Over the past 18 months, the City of Eagan has been working with the Dakota County Auditor and HRA to acquire tax forfeit property for future ponding purposes in the southwest quadrant of Denmark Avenue and Duckwood Drive just east of Hardware Hank. During this time frame, recent development proposals (Franks Nursery Addition, Duckwood Square Addition, etc.) have highlighted the need to expand Pond LP -67 in this quadrant to also function as a water quality nutrient treatment basin prior to the storm water discharging into Fish Lake. Therefore, staff is requesting authorization to proceed with a formal feasibility report to determine the pond and related storm sewer improvements that should be performed to maximize the nutrient treatment capabilities of this ponding area. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the feasibility report for Project 594 (Pond LP -67). APPROVE PLANS/AUTHORIZE AD FOR BIDS CRAY ADDN, COVENTRY PASS 2ND ADDN & EFFRESS ADDN D. Contract 90-06, Approve Plans/Authorize Ad For Bids (Cray Addition, Coventry Pass & Effress Addition - Storm Sewer) --As a result of the public hearing process being completed for Project 571 (Cray Addition), Project 587 (Coventry Pass 2nd Addition), and Project 567 (Effress Addition) all providing for the installation of various storm sewer improvements, staff was authorized to proceed with the preparation of detailed plans and specifications. These plans have now been completed and are being presented to the City Council for their consideration of authorizing the advertisement of a formal bid solicitation. All easements and special agreements necessary to accommodate these public improvements are in process and are anticipated to be completed prior to the City entering into any contractual obligation for the installation of these improvements. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for Contract 90- 06 (Cray, Coventry Pass 2nd and Effress Additions - Storm Sewer) and authorize the advertisement for a bid opening to be held at 10:30 a.m., Friday, April 27, 1990. /o Agenda Information Memo April 2, 1990, City Council Meeting ACKNOWLEDGEMENT OF COMPLETION/COUNTRY HOLLOW E. Project 87-QQ, Acknowledgement of Completion (Country Hollow - Streets & Utilities) --The installation of public streets and utilities to service the Country Hollow Addition were designed and installed privately by the developer under terms and conditions of the development agreement for that subdivision. These public improvements have now been completed, inspected by City staff and found to be in compliance with the approved plans and specifications. The developer is requesting formal Council acknowledgement of their completion and assumption of perpetual maintenance responsibilities by the City subject to the warranty provisions of the development agreement. The staff has reviewed this information, concurs with this request and recommends favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Project 87-QQ (Country Hollow - Streets & Utilities) and authorize the assumption of perpetual maintenance responsibilities by the City subject to appropriate warranty provisions. Agenda Information Memo April 3, 1990 City Council Meeting FINAL PLAT PARK CENTER F. Final Plat, Park Center --All documents relative to the final plat for Park Center, including the development agreement, have been processed by both the applicant and the Department of Community Development. This item was continued indefinitely at the March 20 meeting to allow time for the developer to comply with all City regulations. According to the Director of Community Development, the agreements have been properly signed and all conditions met and, therefore, the final plat is being presented for approval at the April 3, 1990 City Council meeting. Enclosed on page 4 5 is a copy of the final plat as it appears for signature and recording at Dakota County, ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Park Center. a'!: It is a 0 a i � �iTT �p � et,.�a, mow/"4■ �/�7iM� I' a I 0 a Agenda Information Memo April 3, 1990 City Council Meeting FINAL PLATIDUCKWOOD SQUARE G. Final Plat, Duckwood Square --All documents relative to the final plat. for Duckwood Square, including the development agreement, have been processed by both the applicant and the Department of Community Development. This item was continued indefinitely at the March 20 meeting to allow time for the developer to comply with all City regulations. According to the Director of Community Development, the agreements have been properly signed and all conditions met and, therefore, the final plat is being presented for approval at the April 3, 1990 City Council meeting. Enclosed on page 'is a copy of the final plat as it appears for signature and recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Duckwood Square. I� 1 Agenda Information Memo April 3, 1990 City Council Meeting FINAL PLATIFRANK'S NURSERY & CRAFTS H. Final Plat, Frank's Nursery & Crafts—All documents relative to the final plat for Frank's Nursery & Crafts, including the development agreement, have been processed by both the applicant and the Department of Community Development. This item was continued indefinitely at the March 20 meeting to allow time for the developer to comply with all City regulations. According to the Director of Community Development, the agreements have been properly signed and all conditions met and, therefore, the final plat is being presented for approval at the April 3, 1990 City Council meeting. Enclosed on page LI is a copy of the final plat as it appears for signature and recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Frank's Nursery & Crafts. 160 f f t P.M A. .� I w! �. n. 1r. •••l ^• �1 11"111 —1 �\—✓•�,��i'�—IA -�� }� . top a/i •W. L- i tt. too 91 .f �•� ' Lu P.M A. .� I w! �. n. 1r. •••l ^• �1 11"111 —1 �\—✓•�,��i'�—IA -�� }� . top a/i •W. Agenda Inform April 3, 1990 C SCHEDULE PUBLIC HEARINGS/116 PARCELS FOR R-4 STUDY I. Schedule Public Hearings for Rezoning Process, 16 Parcels Adopted in an R- 4 Study --The comment report on the multi -family residential land study was presented at a special City Council meeting held on March 27, 1990. Official action was taken to accept the comment report and schedule for the April 3 City Council meeting an action item that would set a formal public hearing process to consider all sixteen (16) parcels as identified in the comment report study. It is recommended that four (4) parcels be identified at the first City Council meeting in each of the next four (4) months. Therefore, City staff will place four (4) public hearings to consider a change in the multi -family residential land designation at each of the first City Council meetings in May, June, July and August. ACTION TO BE CONSIDERED ON THIS ITEM: To establish public hearings for the first regular City Council meetings in the months of May, June, July and August for the - purpose of considering a change in the zoning status for each of sixteen (16) multi- family residential or comprehensive guide planned parcels of property as identified in the comment report approved by the City Council at the March 27 meeting. la Agenda Information Memo April 3, 1990 City Council Meeting RATIFICATIONNARIANCEIGORDON BYERS J. Ratification, Variance, Gordon Byers, 4825 Eriks Boulevard, for 1 Foot to the Sideyard Setback Requirements --At the March 20 City Council meeting, Mr. Gordon Byers appeared and presented drawings and a waiver of public hearing notice for a one (1) foot variance he is requesting to complete an addition to his home at 4825 Eriks Boulevard. Mr. Byers was informed that he had completed part of the steps and a variance proceeding, however, a formal application and review by the Community Development Department would be required before any final ratification could occur regarding his request. The Community Development Department has completed that review For a copy of their findings, refer to a report enclosed on pages,,2 0 through � In addition, Mr. Byers did complete the application, pay the fees and the process is now in compliance. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a one foot variance to the ten foot sideyard setback for Gordon Byers at 4825 Eriks Boulevard to allow for the completion of an addition to his dwelling unit. �61 SUBJECT: VARIANCE APPLICANT: GORDON BYERS LOCATION: 4825 ERIK'S BOULEVARD EXISTING ZONING: R-1 (SINGLE FAMILY RESIDENTIAL) DATE OF PUBLIC HEARING: APRIL 3, 1990 DATE OF REPORT: MARCH 29, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a 1' Variance to the 10' side yard setback. COMMENTS: The applicant's home is currently set back from the north property line 151. The applicant wishes to build a 6' addition to his home which would leave a setback of 91. The hardship resulting from City Code setback requirements is not apparent. The Variance is requested to provide a larger bathroom. If approved, this Variance shall be subject to all applicable City ordinances. ICD R: No !21 S t � EN+ON r L. / �k< � w.acaeN +� hE/GHTS DARK , NW N r 4 011 q �'d TON �I \ uCIS IiJJ.lE W�7 4/ LAr SE 1 5 i ♦" IL G L11 N � s E k �eRKVIEw w;�`Y i N GOLF NE fh COURSE' G FORGE OF MANN PARK 4e' � Q SE (�.� -L k 713 U VA PR -)PERry L IAJE • O � U VA PR -)PERry L IAJE • Agenda Information Memo April 3, 1990 City Council Meeting RESOLUTIONIACCESS MINNESOTA PROJECT K. Resolution, Access Minnesota Project, Minnesota Department of Trade and Economic Development --Assistant to the City Administrator Hohenstein has coordinated a request by the Department of Trade and Economic Development that is encouraging improved accessibility to public and rivate buildings and services by the citizens with a disability. Enclosed on page is a resolution stating that the City of Eagan is committed to increasing the acceptance, dignity and full participation of persons with disabilities and will accept a challenge of commitment to community accessibility. Because of the age of most buildings in the City of Eagan, most have met some standard of accessibility and we currently require such things as handicapped parking stalls, access ramps, restroom facilities and the like as part of our subdivision and building codes. For the few buildings built before these requirements were in place, the City does not have the authority to require improved access, but we do apply the current standards to any remodeling of existing buildings not in compliance. In addition, the City itself practices community accessibility through its facilities and its TTY/TDD telecommunications abilities. Assistant to the City Administrator Hohenstein has coordinated the implementation and awareness of this resolution and action with the Community Development Department who will continue to practice compliance and awareness to this important objective. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Access Minnesota Resolution as presented. r RESOLUTION OF THE CITY OF EAGAN WHEREAS, there are citizens of the City of Eagan who have a disability; and WHEREAS, architectural barriers deny citizens with disabilities the opportunity to work, travel, attend school, participate in community activities and contribute to the local economy; and WHEREAS, our community's population is aging and at any time anyone can become disabled regardless of political, economic, educational, sexual, age, ethnic, religious, racial, or geographical distinctions; and WHEREAS, the City of Eagan has and continues to require community accessibility through subdivision and building code standards; and WHEREAS, the City of Eagan actively participates in community accessibility in its own facilities; and WHEREAS, disabled citizens of Eagan have the same inalienable rights and responsibilities as all other citizens; NOW, THEREFORE, BE IT RESOLVED that the City of Eagan is committed to increasing the acceptance, dignity and full participation of persons with disabilities; BE IT FURTHER RESOLVED that the City of Eagan accepts the challenge and commitment to community accessibility. Motion Made By: Seconded By: Those In Favor: Those Opposed: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this day of , 1990. E. J. VanOverbeke, City Clerk City of Eagan Agenda Information Memo April 3, 1990 City Council Meeting There are no Public Hearings. Agenda Information Memo April 2, 1990, City Council Meeting CONSIDER ADOPTION OF COMPREHENSIVE WTR QUALITY MGMT PLAN A. Consider Adoption of Comprehensive Water Quality Management Plan --During the past 3'/2-4 years, City staff, in conjunction with citizen representatives and metro agency personnel, have completed the final draft of the Comprehensive Water Quality Management Plan. During this process, several meetings were held to introduce the concept to the City's Advisory Commissions and Developers Task Force. Based on comments and concerns received from these presentations, the final draft was completed and presented to the City Council at their Workshop on January 30, 1990. The City Council then directed the staff to again distribute copies of the Final Draft plan and report regarding the companion Storm Water Utility Fund to all Advisory Commission members and Developers Task Force, publicize the proposals in the local media and to present these plans to the general public to solicit comments for further consideration. The public informational meeting held on March 22 was the culmination of this distribution, review and comment solicitation process. As a result, the plan has been very favorably received by the majority of the people who have reviewed it or been educated on its contents. This plan is comprised of the various essential elements necessary for its success: I. Wetland Inventory (340+) 2. Classification scheme 3. Management criteria for each classification 4. Prioritization/ranking system for CIP 5. Policies for management 6. Policies for development 7. Recommendations for implementation 8. Short-term Capital Improvements Program 9. Public education/involvement 10. Funding alternatives The control and management of "nonpoint source" pollution from surface water runoff is a very difficult and complex issue. It requires full implementation from all these perspectives to achieve some positive results. It is anticipated that legislative mandates will come forth in the very near future requiring cities to actively pursue the management and control of nonpoint source pollution. This plan allows the City of Eagan to activate this program immediately thereby allowing us to a� Agenda Information Memo April 2, 1990, City Council Meeting (Old Business - Item A - Continued) obtain results to a greater degree at an earlier time frame than can be achieved by waiting for the inevitable legislative mandates. One element of this plan places additional requirements on new development to address these potential problems before they become a reality. Subsequently, the Developers Task Force has summarized their review of this proposed plan as follows: 1. They recognize the benefits associated with this plan. 2. The management and development policy criteria are generally reasonable. 3. They would like to see consolidation of water quality treatment basins, if possible. They would like to emphasize the concurrent public involvement/education aspect of the plan. 4. They reserve specific comments and concerns for specific development proposals yet unknown. Enclosed on pages -)'-7 through is a letter received from several property owners indicating their expectations of the City to address wetland reservation and water quality management. Also enclosed on pages through is a previous memo summarizing the results and comments from the public informational meeting held on March 22. In summary, a comprehensive plan has been developed, reviewed and revised based on input from all parties who have expressed an interest in the adoption of this program. This management plan will require both financial and human resources for it to be a success. This plan must not be merely adopted; it must be embraced, supported and promoted to its fullest extent for it to have a chance of providing significant benefits towards the preservation of our natural resources. The incorporation of any aspect of this plan, short of full adoption, would not ensure an equity partnership of all people associated with our community and its natural resources. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the final draft of the Comprehensive Water Quality Management Plan and, if approved, authorize the implementation of its standards and policies immediately subject to ordinance adoption where applicable. a � March 27, 1990 Mr. Tom Colbert Public Works Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Tom: We are homeowners in the developments of Beacon Hill and Brittany whose homes and properties back up to a natural pond. In late summer of 1989, we began to communicate with each other about the deterioration of the water quality of our pond. Only 6 - 7 years ago it was basically weed free. In mid -summer of 1989 the pond was almost completely covered with weeds and, according to our research, the pond is in transition from wetland to grassland at an alarming pace. According to the article in the March 18, 1990 "ThisWeek" newspaper, our City is working on this water quality problem. The purpose of this letter is to advise the City of our concern for our pond and how it has affected our pond wildlife, property values and overall beauty of the area. We stand ready and willing to assist the City in a proposal the City would have to address the problem. Mr. Tom Colbert March 27, 1990 Page Two Please contact us as soon as possible with a plan of action that you would suggest. Thank you for your assistance in this matter. Sincely, David J. Carter on behalf of the attached list of homeowners Attachments: "Thisweek" article Plat Map cc: Tom Eagan, Mayor Dave Gustafson, City Council Pam McCrea Tim Pawlenty Ted Wachter Theodore Billy, Park and Recreation Advisory Committee Richard Caroll John Griggs Shawn Hunter Jack Johnson George Kubik Michele Swanson Sandi Wensmann David J. Carter 1594 Norwood Circle Eagan 454-7020 Mike and Nancy McDonald 1592 Norwood Circle Eagan 452-7097 Tom Becker 4761 Beacon Hill Road Eagan 681-1468 John Ronning 4765 Beacon Hill Eagan 456-9806 Randy Clark 4775 Beacon Hill Road Eagan 454-4400 Kevin and Cathy Anderson 4777 Beacon Hill Road Eagan 688-8933 Brad Gorsuch 4785 London Lane Eagan 688-7429 Dan & Linda Maxwell Road 1561 Sherwood Way Eagan 456-5420 Jerry and Tina Brost 4769 Beacon Hill Road Eagan 454-7149 Robert and Diane Hood 4773 Beacon Hill Road Eagan 452-9079 3/27/90 )q Duane Willie 1567 Sherwood Way Eagan 454-0957 John and Gloria Prediger 1573 Sherwood Way Eagan 452-1104 z i� • 1 ti c 1``�r 0 .. ro�m -• b r° ` ? y' x `�•J 'tEl — Wi=t ;! OV �be0 4 SO t �Sp r •e3� =Er +i/ ��� fit, j� ! • �� 66 /� E..b'b � O1 o,�\s!_ �' _ " t' o n N' � f O "• po :ef i d'0>1 1p 1. clot 10 In D 'S Via" � r caTs �,�z( �' 0 p00 — r. �\ a't,OIL �Q c rp s WL .21 W..b so 01o 17 4 I. � yoo:.o.... v r10'3C�S"i,1 —3.af,fZ��M ,• \,(• , �� ! V ' "0•-4 �r ° ito woo.. a •E' � �4 � O I a, . . _ I B C-11 II j3.o° -- — — '----• Cats• eo _ — — =— ._«,.�� ' `..� ` � _. �, ' 62Q 00 i Z6Z.iT � _ �1 OZ 6T r .� ,= � �g N r' pas �..,•4 � Aj go zsu .41 30 �• . - .7 Ea an takes the lead with plan to preserve water qua -ice Facan •bli works and parks By TONY TASCHNER Thomas Lake ,tear Eagan's southern border is a small, littger.tike body of water nestled among the tall oak trees and native grasses which provide an ideal habitat for the waterfowl which not there. To the families that have sur - settled in the neighbo h rounding the lake, and to the .children at Thomas 'Lake Elementary who can gaze out at its -natural beauty, the lake pro - rides ' a scenic and 'peaceful reprieve from the noise and pollu- tion from the eats which whiz by on nearby Miff and Pilot Knob roads. . But all is not well at Thomas Lake. with each passing rain, greater amounts of sediment and Phosphorous from neighboring homes and businesses are flushed into the lake. If something is not done, loci] expert, say Thomas Lake will eventually be destroyed. The lake is just one extimple of (Continued from front page) of the wetlands, classifies them into certain use categories such as recreational and treatment, and recommends policies for management and preservation, such • as treating lakes like Thomas Lake with chemicals to reduce the phosphorous content. According to Public Works Di- rector Tom Colbert, Eagan is the first city in Minnesota to develop a comprehensive plan for water quality management, but it won't be the last. Colbert said the Metropolitan Council and the Minnesota Pollution Control Agency have been studying the problem and will soon be asking the legislature to mandate all cities to develop water quality management plans similar to the one which Eagan has established. "The sooner we can address the problem the better chance we. bow development is degrading bodies of water throughout the map ire iy in the commercial and residential development is most douse. untilrecently. mast local communities have done Gale, if anything, to prevent the degradation of tbeir lakes and PonEa`an is now trying to do something about WL Several years ago. when de. .. veiopmeat in.Eagan was at its ..peak, city baders.were made have of saving our wetlands," Colbert said. "We don't have a new ballgame here, it's just that we are going to start playing it earlier than anybody else. I'd like to think we are leading the hand - wagon rather than jumping on." Implementation of the plan. which has not yet been approved by the council, will not come without a price, however. It is estimated that the plan will cast about $ls million initially. Col- bert said the City is aggressively seeking state and federal grants, but it will not be enough to pay for the plan. And because of recent reductions in state aid and caps which have been placed on the amount that cities can levy, Col- bert said the general fund will not be able to absorb the remaining cost. Instead, members of the task force have recommended that the city establish a storm water utili- ty rate which would charge prop- erty owners a quarterly fee based on the amount of impact their type of property has on water quality. For example, it is rec- ommended that residential prop- erty owners in a low-density ricighborbood be charged $4.56 quarterly. The recommended quarterly fees for other types of property am as follows: medium density residential, $3.65; apart- ments, $16.60 per acre; t:ommer- dal/mdustrial, $21.94 per acre; apartments, $16.60 per acre - schools, acre-, oots, $9.16 per ae; hurrhes, $11.13 per acre; and golf course. $5.20 per acre. aware air the harmful —c— relopment was baring oo lakes to the pu c recreation departments, c the effort. The and pond,, Is meow . they comm. toned a spearbeaded will be onveiled to membe specig task force made up of city staff,quality the public at a public beari Thursday. MambManic 22, at 7 pr � the problem and the Eagan Municipal Coater to develop' a plan aimed at Pilot Koob Road . the quality of water in The plan includes an rove preserving the city. The result of their four of the N�-or:o wetlands e years of study is the Comprehen ' sic located in the City. In ad sire water Quality Management .. Plan, which was recently to identification, the plan ; menta the characteristics o' Presented to the City by +: (See Wates, p.12. A) . roan the. .represemtatirea tram the•dty' "We fed it is the most fair System," Colbert said, "because it accurately distributes the ft- UWW burden on the people bas- ed on the amount of runoff ge- nerated o-aerated by their property." In addition to helping fund the water management pian, Colbert said part of the money collected from the storm water utility fee will be used to maintain the city's storm water system. Money alone, however, will not guarantee success. In order for the plan to work, Colbert said citizens will have to get involved and become more conscious about preserving water quality. •'This is not something just a few people in local government can get done," Colbert said. "We can put in all of the policies we ' want, but if the people aren't will- '. ing to embrace the program it won't work. "Everybody has to recognize that they are part of the problem and that they have to be part of the solution. It's something everybody has to do. It's like recycling Educating citizens about what they can do to be part of the solu- tim is the key to making the Plan work, but will be the most difficult. Colbert said. He said education will have to take place in the schools, the local neighborhoods, the business sa community, d through the media. one of the things they *ill be educating eddaen on, for Cum - pie, is the need to use leis fer- tiliter, a major source of pbosphorotts. "Right now, most people don't know bow much fer- tilirtr they now to put on their lawn," Colbert said "If we can get the people to use leas fertilizer that will reduce the amount of phosphorous runoff and that will (improve the quality of our lakes and ponds. "Something has to be -done about the depredation of our wetlands. If we don't do something, and soon, we will loose a valuable part of our envir- onment" MEMO TO: MAYOR & CITY COUNCIL THOMAS L HEDGES, CITY ADMINISTRATOR FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS DATE: MARCH 23, 1990 SUBJECT: WATER QUALITY MANAGEMENT PLAN PUBLIC PRESENTATION/INFORMATIONAL MEETING (3-22-90) On the above -referenced date, a public informational meeting was held to allow staff the opportunity to present the draft Water Quality Management Plan and proposed storm water utility fund to the general public. This three-part presentation was coordinated by myself, who described the preparation of the management plan; John VonDeLinde, Park Superintendent, who addressed the implementation aspects of this management plan and; Jerry Bourdon, consulting engineer, who addressed the method of calculation of the Residential Equivalent Factor (REF) and fee structure for the storm water utility fund. The presentation was then concluded with a summarization by myself explaining the needs, requirements and benefits of the management plan and the proposed method of financing it through the storm water utility fund. There were 22 citizens and two reporters in attendance at this public informational meeting. Upon completion of the approximate two-hour presentation, there were several comments, questions and discussion relating to both the management plan and method of financing. The overwhelming majority of the comments related to the recognition of benefit and general support for the implementation of this plan and program. Specific recommendations were summarized as follows: I. Strong recommendation that further consideration be given to implementing a "strength surcharge" for specific properties that can be identified as generating or exporting high nutrient concentrations (i.e. golf courses, nurseries, etc.). 2. Adoption of regulation restricting the use of phosphorous and fertilizers sold within the community. This would include the licensing and regulating of commercial lawn care applicators of fertilizer. 3. Immediate implementation of a strong education program first. Then evaluate the results of this educational program before determining if other capital improvements are necessary resulting in the need for the storm water utility fee. 4. Increase the concern and evaluation of other nutrients besides phosphorous (i.e. heavy metals, nitrogen, etc.). 3�- i Page 2 5. The City should establish an experimental "test plot" on public property to show the public the benefits obtained through phosphorous free fertilizers. 6. Requested that strong emphasis be placed on the restrictive use of these revenue funds to be applied towards storm water management and not used for other general fund expenditures as a supplement to the property tax revenue. There was also strong support for the use of these funds to cover the cost of correcting storm sewer deficiencies as discovered throughout the community rather than placing additional special assessment burdens on the tributary property owners. The staff explained that the implementation of an educational program or any other singular aspect of this management plan will not be effective. It must either be adopted in its entirety or it will not provide the benefits desired. A recommendation of incorporating a "strength surcharge" for high nutrient generators is very similar to what the Metropolitan Wastewater Control Commission does for "extra strength users" who discharge into the sanitary sewer system. However, it was explained that this would require additional detailed research to identify those specific property owners which could be one of the goals to pursue once the plan is adopted. The City staff concurred with the recommendation for additional testing of other nutrients. It was explained that limited testing on a site specific basis should continue to be performed to continue to obtain baseline data information to further evaluate the benefit of other potential management practices. In regards to the suggestion for recommending a test experimental area, rather than dedicate a section at City Hall as recommended, the Parks Department indicated that a better location may be in one of our community parks where it can be done on a larger scale and providing greater exposure to the general public. It was explained that the City Council will have discretionary authority as to the allocation of the funds received from this revenue source. It was noted that it was the plan's recommendation that the revenue be dedicated to water quality improvements, storm sewer system operation, maintenance and replacement along with erosion and sediment control. Dependent upon the needs in any particular category, the Council has the ability to allocate funds during their budgetary review process. If this utility fund is adopted, it also provides the ability to sell bonds to finance planned and/or large unexpected expenditures in any given year to address these and other related concerns. 33 Page 3 OUMMARY In general, the people in attendance were very supportive of this program and very excited about the opportunity to comprehensively address the management of our wetlands. There were no expressed specific concerns regarding objection to the financial impact associated with the storm water utility fund. In general, it was an excellent public informational meeting resulting in strong support from this representative sample of our community. If anyone would like additional information regarding the issues or discussions associated with this meeting, please feel free to contact me for additional information. Director of Publ' r TAC/jj cc: John VonDeLinde, Superintendent of Parks Jerry Bourdon, Consulting Design Engineer 3y Agenda Information Memo April 3, 1990 City Council Meeting MINNESOTA PUBLIC RADIOICONDITIONAL USE PERMIT AND VARIANCE FOR RADIO TOWERS B. Conditional Use Permit and Variance, Minnesota Public Radio, to Allow Radio Towers in an LI District --A public hearing was recently held by the Advisory Planning Commission to consider an application for a conditional use permit and variance submitted by Minnesota Public Radio to allow three (3) radio towers, 300 feet in height on property owned by Mrs. Fern Pederson. The APC is recommending denial of both the conditional use permit and variance. At the request of Minnesota Public Radio the application was continued for consideration by the City Council until the April 3 meeting. Refer to pages - Z2-7 through3? for a copy of a letter that was sent by the City Administrator acknowledging appr al of the continuance to the April 3 meeting and requesting certain information as directed by the City Council. Also included on pages iL through is a letter of response from the MPR's legal counsel, Christina Stalker. The MPR originally applied for a conditional use permit in August of 1989. That application was denied and MPR withdrew the request prior to the City Council meeting. The application was then resubmitted and was scheduled to appear on the December 21, 1989 APC agenda, however, MPR withdrew their application to further address the concerns of the Planning Commission and several of the neighboring residents. For a copy of a report prepared by the Community Development Department regarding thea plication sub i d by the MPR requesting a conditional use permit, refer to pages through . At the March 20 City Council meeting, the City Administrator was asked to research the city, of Burnsville's regulations and provide a copy for City Council review; refer to pages . 0 through Y Correspondence from residents regarding the proposed application is enclosed on pages through ,. For copy of the Advisory Planning Commission minutes, refer to pages 0 through (0 . Please note that the Advisory Planning Commission held the formal public hearing and as a part of that process allowed a number of expert presentations. The entire length of the public hearing was two and one-half hours and the City Council should determine what level of presentation is desired since the Planning Commission minutes act as an official record of the public hearing proceedings. The public hearing was scheduled before the Advisory Planning Commission and they completed their fact finding and recommendation based on lengthy testimony. The City Council must determine whether the public hearing should be repeated and allow expert presentations or whether MPR Agenda Information Memo April 3, 1990 City Council Meeting should be directed to provide a summary statement to the City Council. The Director of Community Development will notify MPR of both alternatives so they are prepared accordingly. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny Minnesota Public Radio a variance and conditional use permit to allow for the construction of three (3) radio towers, each 300 feet in height on property presently owned by Mrs. Fern Pederson and located in the south 1/2 of Section 18. 3� I� i 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122-1897 PHONE: (612) 454.8100 FAX: (612) 454.8363 March 9, 1990 CHRISTINA STALKER MALHUM AND ASSOCIATES SUITE 2222, NORTH CENTRAL LIFE TOWER 445 rilWnSOTA STREET ST PAUL MN 55101 Re: Minnesota Public o O a 120 206-7171 Dear Ms. Stalker: i THOMAS EGAN ►Mary« DAVID K GUS AFSON PAMELA McCRFA TIM PAWLENTY THEODORE WACHTER Council Members THOMAS HEDGES City A&ninstrator EUGENE VAN OVERBEKE City clerk Per your request, the Minnesota Public Radio variance and conditional use permit matter has been rescheduled by the City Council until its April 3, 1990, agenda. Since this matter has been continued at your request several times, the Council asks that I inform you that the matter would be heard for certain on April 3, 1990, unless some compelling or substantial reason required it to be laid -over or continued again. The Council would appreciate a written response at your earliest opportunity about whether you have considered any other sites in Eagan as possible locations. For instance, currently there are three existing radio towers at the southeast corner of Cliff and Cedar Avenues in the City of Eagan. While not advocating that site, the City is interested in whether you have looked at any other locations and, if so, what the result of those investigations are. We would appreciate receiving that information as soon as possible. Also, prior to the April 3 meeting, the Minnesota Public Radio provide answers to attached letter from Dick Reynolds of Audubon Club. We would appreciate a copy Thank you for your assistance. V truly ur l Thomas L. ed es City Administrator Attachment Council has requested that the questions raised in the the Minnesota River Valley of your response. TLE/kf 5'7 THE LONE OAK TREE.. THE SM ENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/AfftrmatNe Action Employer February 22, 1990 Planning Commission, City of Eagan 3830 Pilot Knob Road Eagan, Mn 55122 Dear Commission Members I represent, and am a member of, the Natural Resource Committee of the Minnesota River Valley Audubon Club. I am writing to inform you that our committee has just recently written Minnesota Public Radio in regards to their proposed construction of radio towers in Eagan. We have raised seven questions regarding environmental issues. Those issues ,are summarized as follows: 1. We believe the area for construction is a wetland and immediately adjacent to a calcareous fen. Therefore, we asked if they had contacted the Corp of Engineers to -determine if a permit under Section 404 of the Clean Water Act was required. If so could we receive a copy of their permit application. 2. Section 404 (Clean Water Act) requires applicants to identify methods of construction to minimize negative effects to wetlands. We requested a summary of all methods of construction they are planning to minimize negative effects. This Section also calls for the applicant to mitigate any damage to a wetland and we requested a copy of their mitigation plan. 3. Did they investigate any locations for construction of these towers that where not located in a wetland. If so what were they and why were they rejected. 4. Due to the small electrical charge of the buried radials, considering the critical nature of the ion quality of water in a fen, it has raised questions as to the nature of run off water into the adjacent calcareous fen. We asked if they had researched such effects, what were their conclusions, and requested copies of research reports dealing with the interaction of electrically charged radials and groundwater run off. 5. Because the proposed recharge wells by the MWCC is intended to refill both the beaver ponds and Hennealy Creek and will be located in their proposed site has this been considered in their plans. Will the return of surface water _ interfere with their construction. 6. Have they contacted the U.S. Fish and Wildlife Service, Minnesota River Valley Wildlife Refuge Park manager, or the Department of Natural Resources regarding this site for construction. If so could we receive a copy of their response. 7. Finally our most important issue. Migratory song birds are ` protected and we believe that their towers are within a migratory route. We have information that such towers have created high levels of avian mortality. we asked for any references or reprints of any research which they took into consideration of their selection of this site. In lieu of that we recommended that they contact Dr. Dwain Warner (former curator of the Bell Museum and Professor of Ornithology at the University of Minnesota) for consultation. Dr. Warner is considered an expert in this matter and has conducted studies specifically in the Minnesota River Valley. Our committee is not opposed to development, however, we are all aizare of the environmental issues and confrontations that came to light after the construction of the Seneca Plant began. We believe it is prudent to have all environmental issues raised and resolved before permits and variances are approved. We, therefore, request that you table this issue until the above questions are resolved to everyone's satisfaction. Sin rely, + f Dict ReynX-lds Committ" Member Natural Resource Committee Minnesota River Valley Audubon Club Resident Address: 1794 E. Bluestone Dr. Eagan, MN 55122 Phone 454-3503 Committee Chairperson: Ms Nancy Goetzinger 5937 Dupont Ave. So. Minneapolis, MN 55419 LAW OFFICE MAHLUM & ASSOCIATES A PROFESSIONAL ASSOCIATION SUITE 2222. NORTH CENTRAL LIFE TOWER 445 MINNESOTA STREET SAINT PAUL. MINNESOTA 55101 WILLIAM M. MAHLUM CHRISTINA STALKER Mr. Thomas L. Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 March 16, 1990 Re: Minnesota Public Radio Your File No. 206-7575 TELEPHONE (6121 252.1595 FAX: 612.292.9709 @C OMC MAR 1 91990 I✓ Dear Mr. Hedges: This letter is written in partial response to your March 9, 1990 letter to the undersigned, wherein you essentially raise two concerns. The first relates to Minnesota Public Radio's exploration of alternate sites and response to correspondence. The City Council may be assured that Minnesota Public Radio will provide the Council with an explanation of the efforts undertaken by Minnesota Public Radio to identify alternate sites for its proposed tower array. Specifically, we are advised that a Council member urges exploration of the WAYL site on Cliff Road. Minnesota Public Radio will also, prior to April 3, 1990, respond to the questions raised by the February 22, 1990 letter from Dick Reynolds from Minnesota River Valley Audubon Club. It has never been the practice of Minnesota Public Radio to attempt to avoid responding to questions and concerns that have been raised relative to its applications. Indeed, I submit that it has been MPR's extraordinary efforts to so respond that have led to the requests for several continuances. The continuances constitute the second concern you raise in your letter by the clear implication that, somehow, the granting of continuances has been unusual or inappropriate in this case. I wish to state flatly and firmly that we reject this implication. It is not true, it is not fair, and it evidences a lack of understanding of the facts. The fact is that Minnesota Public Radio's efforts have been focused on Mr. Thomas L. Hedges March 16, 1990 Page 2. providing the best proposal and addressing all stated concerns of the City staff, Planning Commission antic residents. A thoughtful deliberative process works best for all. We never understood there was a rush to judgment. You may recall that the initial continuance was for the express purpose of renting the Pilot Knob Elementary School cafeteria to hold an informal information session with all of the neighbors on August 28, 1989. Similarly, MPR withdrew its applications from consideration at the October 17, 1989 City Council meeting at the suggestion of the then Mayor, Vic Ellison. The time that then elapsed until the Planning Commission's February 22, 1990 meeting was for the purpose of revising the proposal to heed the suggestions of several members of the Planning Commission on ways to improve MPR's proposal and to address the concerns raised by both the City and neighboring property owners. MPR must not be faulted for the lack of consideration given to the fact that MPR acted upon these suggestions and thereby significantly improved its proposal. MPR has always been appreciative of the consideration afforded requests for continuances and has not intended to create, nor in fact created, an inconvenience to anyone involved in this matter. In fact, circumstances on one occasion called for MPR to telephone each of the neighbors to advise them of the continuance and, where we were unable to contact persons by telephone, letters were hand delivered to their homes that day, advising them of the continuance. With regard to the most recent request, MPR sent letters to a long list of neighbors, advising them of the request for the continuance and the reasons generally therefor. I might add that, although only seven of the neighboring resident property owners were required to receive notice of the recent continuance, at least 17 neighboring resident property owners were notified by MPR of the continuance. I believe you will acknowledge that MPR is not the only party dealing with Eagan that has been the beneficiary of several continuances in the application process. I also believe that it would not be at all fair to say that MPR has in any way abused the process. Further, while MPR has been solicitous of the concerns of the City and the neighbors, MPR on occasion has been looked upon unjustly as the mirror image of the Seneca Plant, with the sins Mr. Thomas L. Hedges March 16, 1990 Page 3. of Seneca thus visited upon MPR. While we do appreciate the neighbors' and City's frustrations with Seneca and empathize therewith, MPR has been required to bring forth to the City as much information as possible in an attempt to divorce itself from Seneca and to seek to be judged on its own merits. Very truly yours, MAH $ ASS 4 BY: CHRISTINA STALKER Attorney at Law CS:jb/3765M cc: Mayor Egan Members of the City Council Mr. Thomas J. Kigin SUBJECT: CONDITIONAL USE PERMIT AND VARIANCE APPLICANT: MINNESOTA PUBLIC RADIO (MPR) LOCATION: 8 1/2 OF SECTION 18, MRS. FERN PEDERSON'S PROPERTY EXISTING ZONING: LI (LIMITED INDUSTRIAL) DATE OF PUBLIC HEARING: FEBRUARY 22, 1990 DATE OF REPORT: FEBRUARY 15, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted by Minnesota Public Radio requesting a Conditional Use Permit to allow construction of three 300' radio towers. Section 4.50, Subd. 3E, states: "No wind energy conversion system or TV/radio antenna supporting tower shall exceed a height of 1001, or the distance from the tower to the nearest property line, whichever is less, measured from the base of the tower to the highest point of the tower, without a Variance." A Variance application has been submitted requesting a 200' Variance for each of the three towers. BACKGROUND: Minnesota Public Radio operates KNOW 1330 AM (f.k.a. KSJN 1330 AM). Presently, the transmission facility is located at 1370 Davern Street in St. Paul, looking to increase their transmission coverage area. MPR believes the proposed Eagan site would be beneficial to the residents south of the metropolitan area because KNOW 1330 AM is a "directional" station and most of the radio signal is transmitted north at their present site. Improvements on the existing site are nearly impossible due to FAA restrictions which would prohibit the increase in height to the towers, and the lack of available land. Originally, MPR applied for a Conditional Use Permit in August of 1989. The Advisory Planning Commission denied their request for the following reasons: 1. Citizen opposition 2. The fall space and 3. The Scenic Easement 4. Aesthetics 5. Potential problems the 350' Variance request with interference MPR withdrew their request prior to the City Council meeting. The application was then resubmitted and was scheduled to appear on the December 21, 1989 Advisory Planning Commission meeting. However, 43 Minnesota Public Radio, in consulting with its professional engineers, decided to withdraw their application to further address the concerns of the Planning commission and several of the neighboring residents. MPR withdrew their application the day of the meeting. COMMENTS: Currently, the subject property is owned by Mrs. Fern Pederson. She has signed a letter of consent for the application. Mrs. Pederson's property is currently unplatted; it has been the City's policy to not allow improvements or structures on Outlots. PROPOSAL: The proposal consists of three radio towers, each 300' in height. There will be a fenced area of 32' x 32' around each tower. The towers are 24" on a side and do not support any land. Each tower will be enclosed by a 6' non -climbable fence with lockable gate. Each tower has 18 guy wires extending from it, totalling 54 wires. The applicant has proposed the project will nominally affect the site, however part of the tower construction requires 120 radials of copper wire 300' in length, evenly spaced, buried 6" deep around the tower (360 total). The site plan indicates the extent of the ground radials and the 100% fall radius. The three towers fall do not meet the requirement that they must fall completely within their own property. All three of the towers will cross property lines. This also means that the buried ground radials would be located outside their property lines. The applicant has decided to wait and propose the transmitter building when, and if, this Conditional Use Permit is approved. They have suggested constructing the building on Mr. Lester Spencer's property which abuts Fern Pederson's property to the south. Mr. Spencer's property is currently zoned R-1 (Single Family). The applicant intends to place underground all utility lines between the transmitter building and the towers. If above ground lines and wires are necessary, they will extend "substantially" horizontally to the towers above ground at least 8'. If approved, the Conditional Use Permit shall be subject to the following conditions: 1. Improvements to Outlot A, Seneca Addition and the Pederson property will require platting. ftb `�,� '• t = i I /�•• f .1• ��. f �s t •.. ti -.. • ff. M•a• { •• .�s.��• i, m. . L, �ft s+•.,cr+ j Wo 1 i saw ftb `�,� '• t = ! � is L f �s ?' - .,; - _ - fir•;' v,► xs or j•�•'• s r•4I. �•r { y t: '�� •,; ,•.• raj J� t•• Sf? S S l mlk St 3aj%Bla saj; UOTINDFtddK •sII tau*T;T;UQ3 OT;vd QTT;dd 840sauuTH j jj • fir' s.� `�,� '• t = ! � is L •� . 1 .. 3aj%Bla saj; UOTINDFtddK •sII tau*T;T;UQ3 OT;vd QTT;dd 840sauuTH j jj • fir' s.� :ff.'s lit 6 lit 1 i 1 • �� ass ;ii i 1 ! !t :ff.'s l 7� z lit 6 1 i .: l 7� z Ill 11 n ii n 1S ii ����sSS p w wl A. U., L � 0 0 1.1 + � • p \ \ \ \ w w w w O p p w w < e w Z J F— MO W V • • b S I , p Uj V V � O .. O C • N W w O f w� w p .021 •� ^ z 0 v . W O f N O —0 P► GENERAL NOTES 1. TOrLEII DEMON Cowma TO EIA OTAIOAwO I011-222-0 FOR 00 WIN WIC vim mmm WITH 0.00• wAOIAL ICE MIT" LOAD 012: TO MIND R1MLI= Otis HIEN EN CONSIDERED iIWA.TA1EON2LT WITH ICE PER WCTION 2.2.Ii OFIE T/TMOAP0. 2. IIATIMIAL: W Tp1E11 1130104 E 2/d• AID LASOM Fv-W. 000 POI. NJ TOMB► ni011ir LM THAN 2/1• FrOL S00 PSI. 2. FLIIOIt IDT DIPPED OALTAKIZED AFTBI FAMAICATION. FAA CODE PAIWM PRIOR TO i"IL7ENi. A. ZNDU"TIOK SAW 101ILLATOIL 2' rItbrw.An STIMIN DmLILAT0 NEtT TO Our UML K" LLE PRIL.ATWO AT 7/ FT "". O►ACINi. D. AIrrFJWA! 110M O. mm. "CLOS I/A• YLE12 OtIe9W139 RECIFim. ALL ImLar"i TO Coww" TO Alli amms. 7. A -I LIGHT KIT IN COIONIT PIM FAA AC 70/7400-I4. t.rreby certify that this plan. speClft- e:an. or rcrort was prepared by me or .,;;der my direct supeivis : d t m a duty FegisterEd Prz iu ,on 1 E. in er unikr the taws of i e Sts of tti Date Reglstered No. lir; y KSJN/KNOM "W"0' w0. mzmNEAPOLIS. NN -A- #24 x �� GUYED TOWER PI -ROD, INC . G It * jam Oy PLYNOUTii. INDIANA 665 EWCRIFTI CRF U-mpv-" RES. ENSIWUR 1CAL.E i.NO. RErlisow IEi.No AS+IO'rEDI t0ii2l.►P8906-218A,A;F 4-,7 z O H W J W 0 0 —� NOTES: WA i U / - 1. INNER GUT ANCHOR RADIUS = 100' 2. •i TER Guy ANCHOR RADIUS = 200' 3. +6' : 6' IUILDING ADJACENT TO THE 6 !+ iF EACH TOY[ R. 4. 120 RADIALS OF #i0 AYG COPPER VIRE 300' IN LENGTH (EXCEPT WHERE TRUN- CATED AT PIWERTT 109IIDARr OR CIPPER STRAPS) EVENLY SPACED AT A M TN OF 60 AUOUT EACH TOYER. f _ 3. 23 ' : 20 EVADED COPPER SCREEN TRSTALLED AT TIE 1ASE OF EACH TOWER. i. ) sem~• .. e1 •�•�\N �r � rr EXTENT OF„r `' \\ �. r`. , GROUND RADLAL-S „, „t .•� �, (ALSO CORRESPONDS !+ v �•"i TO 100% FALL RADIUS) r , e ' GUY ID I�? ANCHORS ell 1 $ Li ` t ' a i Q FIG. L 1 CARL E. SMITH CONSULTING ENGINEERS PROPOSED KNOW ANTENNA 232A N. GLEVE-MASS RD- BOX 2727 SYSTEM LAYOUT (300' TOWERS Mimesota Public Radio BATH. 04410 AA210.2727 216/659-&440Minrmapolis, MN C 0 �+ C.0 +; CL S —�� i ir2.�-1 . PRIVATE RADIO AND TELEVISION ANTENNA TOWERS �Jqq1TOTIA 10-29--3 10-29-1: Purpose 10-29-2: Definitions 10-29-3: Conclitionai Uses. Connection to Municipal Antenna Site 10--294: Existing TMnsffdft and Receiving FaaTdies 10-29-1: PURPOSE: It is the purpose of this Chapter to reWlate antennas in the City - 10 -29-2: DEFINITIONS: COMMERCIAL RECEIVING Any antenna erected for commercial use. and/or TRANSMITTING ANTE NNA_ EARTH STATION (or A combination of (1) antenna or dish antenna whose DISH) ANTENNA: Purpose is to receive Conon inication or other signals from orbiting satellites and other extraterrestrial sources; (2) a tow -noise amplifier (l_NA) which Is situated at the focal point of the receiving o0gxnent and whose purpose is to magnify and transfer signals; and (3) a coaxial cable whose purpose is to carry the signals into the interior of the building. MUNICIPAL ANTENNA A location in the City on which is b=ed one or mere SITE: radio or television antennas available for connection and use by any person, firm or corporation in a000rdance with the provisions of this Title. PRIVATE RECEIVING Any antenna erected for nonoomr meal .use. and/or TRANSMI I I G ANTENNA: 10-29-3: CONDITIONAL USES, CONNECTION TO MUNICIPAL ANTENNA SITE: Post4t°' brand faxtwsmttW memo 76711 #ofwg- • 03%27 90 16:29 FAX 612 895 4404 CITY OF B-VILLE 2002 Y4`2n ID -29-4 r (A} Private receiving or trarrsrOng antenna more than ftwnty feet (20') in helght above a man-made structure or more than, fifty feet (5M in height above the ground if constructed on the ground, are a conditional use. (B) Commercial receiving or transmitting antennas regardless of height or size with the exception of earth stations shall connect to and use the Municipal antenna site if use of such fadMigs is technically feasible. (G) Commeroiai receiving or transmitting antennas not boded on the Municipal antenna site shall require a conditional use permit. (D) For the purpose of reguiatlon, an antennas shall be considered accessory structures and be subject to tl-,e appropriate requirements of Seebon 10-7-4(A). (D) and (E)_ (E) All earth stations erected for sales purposes or for the enterta-urmerf of tenants. patrons or guests shall be considered commercial antennas. (F) The apprcant shall present documentation of the possession of any reclined license by any Federal, State or local agency. (G) CondRions of pemlt approvals may include, but are not limited to, regulating the distance from property lures, screening, compatibly of color, restriciions on j Signing, restrictions on display of inoperable earth stations and any other such requirements the City may deem necessary to #unlit the goals and objectives of the Comprehensive Plan EXISTING TRANSMITTING AND RECEIVING FACILMES: Existing transmitting and receiving WNW at the time of the adoption of this Title may remain in service. However, at such time as any material change is made in the fadUties, fun cornpilarrae with this Title shall be required. No transmitting or tv receiving antennas may be added to existing nonconforming fad -ries. (Ord. 328, 9-19-88) 0 1 0- ■ 5 5 <-0 r OF 03/27.90 16:3 0 FAX 612 895 4404 CITY or' B -N 1L1.G 10-6-5 B-1 8-2 S-3 tf Lot Area 20,000 20,000 20.000 Lot watt: 100 100 100 semacc - Principal Strumm Front Yard 30 {301 30 (30)•cr s'o ('yv; Side Yard 10 I10} 10 (101 4. o `0.1 Side Yard (Street) 30 (301 30 (30} ,` It, nearYard 20 (20) 30(30) total-) Setback - Aky Structure Front Yard 30 (301 30 (30) 30 (30)' Side Yard 5 (10) 10 (10) 10,00) Side Yard {Street) 30 (30) 20 (30) 30 (30) Rear Yard 81701 8 1701 30 (30) Setback - Parking Front 30 (30) 10 (30) 10 t10) Side Interior 6 (20) 5(20) 5 (101 Street Side 30 (20) 10 (20) 10 (10} Rear Yard 8 (20) 6 (20) 10 (101 (Setbaoks in parentheses apply sdpcent to R-1, R -1A end R-2] '30 or 1 Y. tomes the WICBM height wNchaver is gmgW- AU arena me=nt *rds are in squtae feet and aU &ON measuraTomts in feat - (See foUawMg page for table Ward'mg Irdts'W t"60iC**l 5----1 10-5-5 C 1-2 Lot Area 40,000 40.000 Lot Width 150 100 Suck - PrindPel Sbrucwm Frmd Yard 40* (60) 40 (50) SMe Yard 20 (40) 15 (50) We Yard (Smwtl 40 (40) 40 (6D) Rear Yard 20 (60) 30 (50) Sodxedc - AaowwrY StevCwm From Yard 40 (60) 40 (50) Side Yard 10 (20) 15 (50) S'*de Yard (Sw4W) Rear Yard 20 (20) 30 (50) Svd)w* - Panting Frofft 20 (20) 10 (2D) We Interior 15 t2D) 5 (ZD) Street Side 15 (2D) 10 (2D) Rear Yard 15 (20) 5 QD) 10-6-5 l-1 (Setbacks in panmtheses app[Y adaCmd to R-1, R -IA and R-2) *plus V for every 1` of butt M height aver W (ma*mun setts* on. An &rea messrnements ars in square lest and all linear asuremerrts in feet (Ord. 244,11-154M) P • .!t PUBLIC RADIO ii!!li ;ISI!Ili•+Illl.!'',I .i.11llll.l l 11 II�II!III�I !IIII I�IIIII 35 E." Sent Street. Sc. Paul. 11\ 55101 FAX 61 -240-12;3 TEL 612 -29i -I500 ' ECEIVE March 22, 1990 To: Eagan MPR Members Re: Proposed Eagan KNOW 1330 AM towers I an writing to ask for your help in obtaining approval from the Eagan City Council to relocate KNOW 1330 AM to Eagan, so that we may better serve our listeners in the southern part of the Twin Cities. The City Council will vote on Tuesday. April rd at 6:30 12m on our proposal; you could render tremendous service to public radio by expressing support for MPR at this key meeting. The Council has already received considerable information about the technical character of the proposed facility; what I am hoping you can offer to the Council is your opinion of the community value, to vg , as an Eagan resident, of increased and improved reception of MPR's public radio news and information service. This is probably the last chance to persuade the City of Eagan to approve our request, and most likely the only opportunity to bring MPR's 24-hour public radio news and information service to all the residents of Eagan and its neighboring communities. I hope you will attend this key meeting; please feel free to call me if you have any questions. Sincerely, 0�w Thomas J Kigin Vice President 6tt-'� 6A CIAL�"-J-c 3 41 • (✓',txJ.�' � �".�-~.c-li,_,�, =�G`? It 1�'�-4.Q ���'�'�,�. �!' �'� �.�r.�-���.(:� Jr�e�C.-a c 41/ f•SD 1 FM K]ON' :3e 4Af &K,\5R 6E FM Cdleg .a Si C—d • WSCD 52P FM %;SCK I','5 J;c:E 5 1>mo. KLSE ' F\; KLCE r FA! R�pes;er • KLCD 9 -PFA! Ck.rnM• KG a "A!S: Peter Sfankarr • KCCM 9 FA! \+-a,rAeac Fsgo • KCRB 85 P FA! BarRapds . KBPR PC ; FM 9..,._ N'IRR d F :: ':.: �. :.a Ht::.6 • KRSN r:' FM W r..h ra,o; %1-1: 'J • KRSD M' FM S;.- F.1 = SD • %'GGL 91 : FM Hougbr.. MI KRSC E3 FA1 ApPiecc- MS 2/23/90 MINNESOTA RIVER VALLEY AUDUBON CLUB Box 20400, Bloomington, Minnesota 55420 Mr. Tom Kigin Minnesota Public Radio 45 E. Seventh Street St. Paul, MN 55101 Dear Mr. Kigin, Thank you for your courtesy in speaking with me by telephone recently. I am a representative of the Natural Resources Committee of the Minnesota River Valley Audubon Club. Our committee monitors local development activities which potentially threaten the well-being of certain natural environments. Recently, we learned of your proposal to construct radio towers in the Minnesota River valley (near Eagan's Seneca Wastewater Treatment Plant). This letter is intended to express our concerns about the possible adverse impact of your project on that area and its wildlife. We also want you to be informed about the environmental character of the site for your own interests, since you might need to apply for addiitonal state and federal permits. Our concerns are as follows: 1. The site which has been proposed for the construction of the towers may be a Class 2/3 wetland and may also exhibit fen characteristics. Fens are one of the rarest wetland ecosystems in the nation. Disruption or development of wetlands which are part of the navigable waters of this country (as this area may be) is permitted only after approval of the Army Corps of Engineers under Section 404 of the Clean Water Act. Have you contacted the Corps to determine if a permit is required? If so, would you provide a copy of your permit application to us? If you have not contacted the Corps yet, we encourage you to do so and would appreciate a copy of your communications at that time. 2. We are concerned that run-off from the proposed site may enter an adjacent rare calcareous fen. The ionic quality of the fen is critical to its survival. We are concerned that the low level electrical charge in the buried radials may have adverse effects on water quality entering the fen. Have you researched this interaction? If so, what conclusions were drawn? We would appreciate copies of any research reports you may have dealing with the buried radials and their potential effect on groundwater quality. 3. The Metropolitan Waste Control Commission (MWCC) is involved in a dewatering project adjacent to the site proposed for the tower construction. MWCC is required under state law to minimize/mitigate the adverse impacts of their dewatering. They have a proposal under consideration now to build recharge wells in the area. This will restore the beaver ponds and Kennealy Creek. The creek and ponds are located within the construction area in the site proposed for the radio towers. Has this situation been considered in your planning process? Will the return of surface water to the proposed area interfere with your construction? 4. Have you contacted the U.S. Fish and Wildlife Service, Minnesota River Valley National Wildlife Refuge Manager, or Minnesota Department of Natural Resources to inform them of your plan? If so, may we be advised ofthe'r response(s)? ,, S. Finally, the Minnesota River Valley provides habitat for significant numbers of birds and is a common stopover for migrating species. We are very concerned about avian mortality due to the proposed towers. Guy wires located on migratory pathways pose a documented hazard to birds in flights. Collisions, especially at night, result in death and serious injuries. Have you conducted any research into this area? If not, we recommend contacting Dr. Dwain Warner (former curator of the Bell Museum and Professor of Ornithology at the University of Minnesota) be consulted. Dr. Warner is an expert on this subject and has conducted studies specifically in the Minnesota River Valley. His opinions and your findings would be most appreciated by our organization. 1 appreciate your patience and thank you in advance for sharing any relevant information you may possess. Sincerely, Dick Reynolds, Member Natural Resources Committee Address responses to: 1794 E. Bluestone Drive Eagan, MN 55122 S� i Hon. Thomas A. Egan, Eagan City Council Dave Gustafson Pam McCrea Tim Pawlenty Ted Wachter Mayor James R. Koloc 4286 Braddock Trail Eagan, MN 55123 March 28, 1990 Mr. Mayor, members of the Council, As an Eagan homeowner and long-time member of Minnesota Public Radio - AM, I wish to go on record as suppporting the proposed construction of KNOW transmitting towers under consideration. I do not expect to be able to address the Council in person when this issue is heard next. There have been many opinions offered on this matter. I have witnessed the debate at Planning Commission and Council meetings and know that MPR has withdrawn and resubmitted a modified proposal in seeking approval. I do have knowledge and strong feelings on a few key points which compel me to speak out. From a technological standpoint, my family experienced little if any disruption to our lives by the presence of the WDGY towers during the nine years we lived at 106th and Humboldt Avenue South in Bloomingtion. This was, at most, six blocks from a 50,000 watt transmitter. I have difficulty accepting the radio interference argument in discussing the impact of a five orten thousand watt site. Furthermore, my career as technical service manager has given me first-hand experience with problems arising from AM radio ingress. There has been so much engineering improvement in recent years that the susceptability of modern devices to interference is nothing close to what once existed. I feel somewhat qualified to offer this assessment based on my background at the company that pioneered FAX and PC technology in the mid-70s, the pre-eminent international leader in photocopy. Qualification is available off the record. I first became a member of KSJN-AM many years ago, when, as a technician traveling throughout the metro area, I grew to appreciate the enrichment it offered to time spent behind the wheel. Many "working-class" vehicles still only have AM radios and few alternatives exist to the prevailing, over -commercialized top -forty and oldies stations. Needles to say, the fadeout of my preferred station as I travelled into Dakota County (asking myself, "I'm not in the boonies, yet, am I?") was a frequent disappointment. Allow me to comment, then, on what MPR, and specifically KNOW News and Information, means to me, in light of the fact that most residents of this area have no idea what they are missing. MPR AM provides objective, balanced broadcast of the widest range of programming available, from breaking headlines to incidental humor, the day-to-day and generation -to -generation fabric of our lives. There can be no price placed on having an informed, knowledgeable populace. In my opinion, KNOW uniquely provides that. �6 I would like to connect the decision before you with the role television plays in our culture: How often have we agreed over coffee "That TV could be so much better if it were done right, That it could have a tremendous positive affect on our children as a learning tool, Why does a medium with the impact of the printing press owe its existence to revenues from soap manufacturers, Will we always be stuck with the lowest common denominator, etc., etc.". My point is that the quality of our collective lives, as a free nation, and as responsible citizens depends upon decisions like this, made in our communities on a daily basis. How often do we have a chance to truly make a choice of real consequence? This is one opportunity. I am asking, therefore, that the council considers not only its responsibility to Eagan residents (including the few who oppose most proposals largely on NIMBY grounds) but also its obligation as government to provide for the long-term well -bung of its citizenry. MPR is important to me and to my family. The health of National Public Radio is important to all of us whether we partake or not. I am very concerned that if the towers are erected elsewhere I may lose a valued resource. I have heard no compellinq reasons to disapprove this request, and submit that existing eve opmentguidelines, arguably, may not be fully applicable in this case; I fear that those guidelines may be a rather arbitrary assualt on what could otherwise be a viable and much-needed project. "For the want of a nail..." , as the saying goes. If anything, this is an ideal proposal in terms of environmental impact since it largely ensures that a sizeable chunk of river bottom be left alone for a good long time, and that it offers wide -reaching benefit at very little real cost to community, sensitivities to the neighbors notwithstanding. I ask that you approve this proposal, because on the large scale, it is in fact the right thing to do. I ask,too, that if you cannot approve it that you offer concrete recommendations that, being satisfied, would result in approval. Please fell free to contact me with any clarification you may require, at work 921- 1300, or at home, 688-8490. Sincerely, S7 Speed Letter To - C From 38157 KSTBURY DRIVE FA60, MK 55123 Subject 1 1 N(O 0 e.? 5 G A M 1B VJQ xr: MESSAGE Date z 4a 19Ji 01 I AA opff(WSMA k 55 1J. �.af_ Al 11.: u d r REPLY Signed Date 19 Wilson Jones CompanyT a ca.•J„Ew...91; 3.,.- RECIPIENT—RETAIN WHITE COPY RETURN Plr�r CO. ti C 1163..E E.. U5• 185 FnMAR301M I 4834 Ka ri_ s Way Eagan, MN 5E,-)122-2673 'larch 28, 1990 Mayor Tom, Egan Eagan City Hail Pi of Knob Rd. & ;descott Rd. Eagan, Mti 55121 Re: Proi.osed KNOT 1330 PM Towers Dear Mayor Fgdn: I cannot attend the Council meeting on April 3, 1990 but 1 would -.ike to irsd_icate my surpOrt for the Minnesota Public Padjo Trorosal LL) re.tocate KNOW 1330 to Eagan for the following reasons: 1. think It :i s a good use of t ne larid whi ch is unde_:lreable for a lot of lather tyf)es of development. 2. "'his station is a firsr, rata public news and information service to the citizens of Minnesota and the reception south of the Minnescta River is disappointingly poor. I am an MPR member and regular listener" ana am dismayed at the reception I qet at home. 3. 1 don -t- believe that these towers will be unsightly or a hazard or disruption to our Environment and quality of life nere in Eagan. As an Eaqan resident, I would be proud to be the home of KNOii 1330 AM. I believe that this proposal is in the best interest of our community and I hope that the Council will approve it. Resp ct_f a +Irs , �4 :i V. J hr_son MIIf"Es OP RAGAN ADVI A regular meeting of the Eagan Advisory Planning Commission was held on Thursday, February 22, 19901 at 7:00 p.m. at the Eagan Municipal Center. Presentbearls:;:; Graves, Herkley, Trygg, Gorman, Hoeft and Staehli.: : 1t z::::: =absent. Also present were Community Development Director 0¢+e Run;e, City Planner Jim Sturm, Assistant City Engineer dike t6ertscfi-':': and City Attorney Mike Dougherty. ' a Two= ftems were added to the agenda: Item E - Eagan Center Fifth Addition - Resolution for TIF Flan; and Item F - Transportation Plan/Yankee Doodle and Lone oak. .!�Ilr6T s8 January 23. 1990. COMM is5%f0`"e r;:jMerkley requested a deletion on page 15, the last paragraph reg6Yding billboards should read: "Commissionmember Merkley requegted,,..;A.::::::fttinge to City Code deleting the exception language from the B:111b r.id"drdinanee. " He also requested a chi lge on page 13, paragraph 3, the third sentence should read: "Commissionmember Voracek requested better graphics of the chimney." Commissionmember Graves noted that on page 1, the spelling of Commissionmember Hoeft's na:;ee+l::tion. He also requested n change in terminology from 1pp�'n" '# 't1ect11 in the motions under the Organizational Business. Gorman moved, Trygg seconded,:.the uAl on to approve the January 23, 1990 Advisory Planning Commisif-on et;#i4tes as amended. All voted in favor. At this point, Chairman Graves explained the Advisory Planning Commission procedures to the Commission and the public. +CONDITIORAL OSE PNRXIT IND VAAIAMCMAM.- MBOTA PtMLIC RADIO Chairman Graves opened hearing for the evening regarding a conditional use:':' "::''a variance to allow radic towers in a Light Industrial district.:.igcated west of Highway 13, north of Silver Bell Road in the mouth hal %of Section 19. a W6 a page 2/EAGAN ADVISORY PLANNING COMMISSION HNUTES February 22, 1990 City planner Jim Sturm summarized the applications for the Commission and presented the background information. Tom Rigin (Vice President for Administration of Minnesota Public Radio) introduced Al Warmus (engineer)? gill Hahley (attorney) and Bill Cushman (appraiser) he shortcomings of the existing facilities and presEititttle''fiw::roposal. He explained that the ground system would not extend::'i yond:::the property lines. He felt ing requirements, that it the usg'• was appropriate, that A;t. met .Xon provided open space and met tX,i'':peigh i'rs' concerns. He described MPR's operation. He explain ';: 'tM'*':'te?�rage areas of FM and AH stations and described the''$lecftii'' process. He informed the Commission that MWCC would acquire fall radius easements. He further described the listening audience, the neighbor contact and the new population coverage. He stated MPR was willing to enter into a Development Agreement to guarantee compliance with the conditions. He reported that the towers would meet the fall radius and provided diagrams showing the towers fr--O*:d�.f.ferent perspectives. Bill Cushman (appraiser) des*czibkd':::'-the effect of the towers on the property values. He concluded:that.th0l't'a was no difference in the selling price before or after th0;:;co0� �-'uA'1on of the towers. Tom Kigin assured the : mmission that would ocure dyanaFAA interference at its expense. He stated that PPR permit. He described the lighting and stated that the type of lighting could be a condition. He felt the towers would not effect the wetlands, pointed out that the site was once a farm and that fences would be placed arQtz��1•.•e•:.Low.ers. He urged approval of the applications. Betty Bassett expressed her brief Bt it would violate zoning laws to approve the applicationsi:;She pointed out that the wetland was drying up and that there were ether alable locations. She felt the variance would place a hardship bii•' the neighbors. She had concerns regarding the quyvire. She urged the Planning Commission to uphold the law. Ted Tennis advised that the PPR hnd changed its position. He stated that the height would exceed the:;oight restrictions. He had concerns regarding the quywire. He felt':':Che reasons for denial were still valid. Fern Pederson informed the Commission, -that the property would be developed if the present proposal failed. Page 3/EAGAN ADVISORY PLANNINGt:COMMISSION_RfNUTES February 22, 1990 Sheldon Raniron stated that-':'fii�''pet'spectives were misleading and the appraisals inaccurate. He had concerns regarding interference and referenced an interference article. Al Ehrens pointed out that the surrounding neighbors were there first. He had concerns re%ate 1s*:1:fg1.1 radius, interference and zoning. He questioned the rula-66 ; Mike ,j tfazel (neighbor) was ".In agreement with the previous neighborhood speakers. Kee Twan Lo supported fiie statirin'snd felt it was good for the community. Lester Spencer, 3726 Cedar, had no concerns regarding the towers. He stated that he used to live on the property and that geese never flew lots enough to affect tha..towers. He explained that the neighbors opposed everything and felt that,:t.the Pederson'e deserved the right to sell their property. Gordon Eistad opposed the towiers. Tom Kigin distributed handp4 Chairman Graves had questions regarding the need for the wetlands and interference with appliances. Mr. Rigin stated his concerns were unnecessary. Al Warmus (engineer) exlainCd,.,.tdat..any type of interference had never been unfixable in hi;:::;:;iliei#t�:: He explained the facility would be low power and dir ct�iori�I� nd 'that it would meet the FCC regulations. Mr. Kigin reported thit thJ.*i.Army Corp, DNR and FAA had approved the project. Chairman Graves asked if the easeieri�ts had been acquired. Mr. Kigin stated that it could be a condition. Commissionmember Merkley asked for an explanation of the rule change. Mr. 'Rigin explained that the FCC Vas revising its inter -radio interference levels. Mr. Warmus further detailed the rule change. He s�eted that a filter would protect the CH and that computers could ai0o be protected. He pointed out that computers were used on the Sfte. 'Kr. Kigin reassured the Commission that NPR Mould a.;.:.#+..:.:terference and would post a bond. Mr. Warmus announced tf:;:#al:::eplsce car radios if there was interference. Commissionmember Trygg asked for aft -:':explanation regarding the feasibility of the change. Mr. Kigin pointed out there would be a 30% reduction in the land area served. Commissionmember Trygg felt the Commission should focus on the land use and the hardship. She felt Page 4/EAGAN ADVISORY PLANNIft COMMISSION'i-NiNUTES February 22, 1990 that the applicant did ftitst' :'eet the variance requirements. Commissionmember Merkley stated that the application exceeded the Code height by 200% and further that the fall radius would not be met. City Planner Jim Sturm explained that City Code required a variance as defined in Chapter 13. Chairman Graves questioned the area toning. Mr. Sturmfi i .@a toning. Chairman Graves explained the criteria foe`fi :d' W" it�nai ::use permit and stated that the burden of proof had not be e'n''�met.:3�ity Attorney Mike Dougherty ti explain*& '`.that the recently approved cona.1tional use ordinance could be applied. Comm iss ionmember Gowen stAted he had concerns and felt that the proposal wasn't 4kti .' .4'31:ff -,rtmt''than the previous proposal. Commissionmember Hoeft was ':'Troubled`:,fegarding the visual image when coming into Eagan. He felt the application did not meet the conditional use test. Trygg moved, Hoeft seconded, the motion to close the public hearing and deny a conditi.onal use permit and a variance to allow radio towers in a Light I44tietr1al district located west of Highway 13, north of Silver Bell Rogitl:ri:;h south half of Section 18, as requested by Minnesota Public Radiog ���'tof the following reasons: I. Three of the five reasonfi... ar::t 4�'iel by the Advisory Planning commission in August,. 1989, as... -Vii. alwd: (a) citizen opposition; (b) the fall space and the 200 foot variance request; and (c) aesthetics. 2. Lack of meeting the .ceiidit.i.bh l Fade standards, specifically: standards c(2), (3) and (7). 3. Poor visual image at the entrance is o Lagan. All voted in favor. DITPLLi LSDAR PLA=D DLVRZOPK yT/POLDT noFLRTIZO Chairman Graves convened the next:::j-'iublic hearing regarding a rezoning to amend the Splashland Planned..velopment to allow a mixed use multi -family residents :.:::::; ;.;::;;:= tail development and a Comprehensive Guide Plan a#i::::�++ecification of development within an existing CommerciaY ����Plaritiea ;bevelopment designation of approximately 41 acres located in thy:::::::;northwest corner of the intersection of Highway 77 and Diffley Rotid in the southwest quarter of Section 19. �3 PAGE 9/EAGAN CITY COUNCIL MINUTES March 6, 1990 RE ZONING/COMDR j .-:=-XD3 PLAN AMNDMENT NATER TRZATMZNT .nCTi+I`TY/CITY OF KAGAN Pawlenty moved. and Gustafson seconded, a motion to approve a Comprehensive Guide Plan Amendment and a rezoning of .63 R-3 acres to PF at the northeast intersection of Pilot Knob and Cliff Roads for the purpose of constructing a wad :: taitiit:::iracility. Aye: 5 Nay: 0 C01DITIOK&L UOt PERki*fVARIANCE In light of discussion at the beginning of the meeting regarding the number of requests to continue this item, the City Council would allow one more coQtinuance to the April 3, 19900 City Council agenda; however, barring substantial hardship, no further continuances would be permittedd, The City Administrator was directed to send a letter to this effect to the applicant, Minnesota Pub1:id:.::3Padio. The letter would also ask that Minnesota Public Radio answt"k"":tiu sti.onr. outlined in a letter from Mr. Dick Reynolds of the Audubon Society::.?:'' Councilmember Wachter sugge�ted::ti ij.... innesota Public Radio explore the feasibility of locating.:::thex�' ,:radio towers on a site near the intersection of Cliff and Roads which already contains radio towers. While the City Council is not endorsing this site, they only ask whether this has been considered. McCrea moved, and Gustafson seconded, a motion to continue a conditional use permit and variance.-for.,.Minnesota Public Radio to allow three, 300' radio towers in:.*:Vii ::t. :::::(�:?:i�# �ndustrial) District to April 3, 1990, and that unless the appy ant can show substantial hardship, that this item will be heard on that: date::: Aye: 5 Nay: 0 REZONING/COKPRENENSI". GUIDlS.:. PLAN AMENDMENT DIFFLEY/CEDAR PLANNED :0MLOPMENT Wachter moved, McCrea seconded, a motion to approve a resolution returning the rezoning and comprehensive guide plan amendment requested for Diffley/Cedar Planned Development by Koldt Properties to the Advisory Planning Commission for review and publiX. earing. Aye: 5 Nay: 0 GENERAL ADVISORY C0MXITT2t A.PPOIMTMYNT METROPOLITAN WASTE CONTgot COMMISSION At the February 20, 1990, City Council meeting, Kr. John Griggs was mentioned as a possible appointment to the KWCC General Advisory Agenda Information Memo April 2, 1990, City Council Meeting DESIGN STUDY REPT/AUTHORIZE PLANS & SPECS MAINTENANCE FACILITY EXPANSION C. Project 559, Design Study Report/Authorize Plans & Specs (Maintenance Facility Expansion) --During the past two years, the Departments of Parks & Public Works have been evaluating the existing support facilities to accommodate the existing and near future needs for their combined maintenance operations. The 1989 Budget funded the preparation of a Facility Master Plan and Needs Study for the City of Eagan maintenance operations for the next ten years. This Needs Study was completed on March 15, 1989, and presented to the City Council at a Special Workshop on April 17, 1989. As a result of that Workshop review, the Council authorized staff to proceed with a detailed design study/feasibility report for a proposed first phase expansion. During the past year, the staff has been working with the consulting architect (BRW) in refining project costs and analyzing different alternatives f r phasing these needs in an economical and timely manner. Enclosed on pages through -7;?— is a report prepared by the Director of Public Works providing an tive Summary to the report prepared by BRW enclosed on pages through -- Both the City Administrator and Director of Public Works will be available to discuss various issues associated with this proposed improvement. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the implementation/feasibility report for Project 559 (Central Maintenance Facility Expansion) and authorize the preparation of detailed plans and specifications for phase(s) �S MEMO TO: THOMAS L HEDGES, CITY ADMINISTRATOR FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS DATE: MARCH 30, 1990 SUBJECT: PROJECT 559, MAINTENANCE FACILITY EXPANSION IMPLEMENTATION/FEASIBILITY REPORT EXECUTIVE SUMMARY This memo will provide a summarization of the implementation/ feasibility report for the above -referenced project as well as a financial analysis from the Director of Finance and City Administrator in addition to alternative actions and consequences available to the City Council. HISTORY The original Maintenance Facility comprising four truck bays was constructed in 1969. In 1975, four more garage bays and a small administrative area was added. In 1977, a small cold storage pole barn building was constructed on the south end of the property. In 1986, the existing facility was extensively remodelled and converted into an equipment maintenance facility with the addition of a new administrative area and vehicle storage. Due to budgetary constraints at the time, the size of the administrative offices and vehicle storage had to be reduced from the original proposal. In 1989, a Facility Master Plan and Needs Study was prepared projecting the long-term land and facility requirements to accommodate the foreseeable and projected City growth. On April 17, 1989, the Council reviewed the Needs Report and authorized the preparation of a feasibility report for a first phase expansion. FINDINGS OF THE REPORT Finding f1 The results of this report recommend that an expansion of the vehicle maintenance facility and administrative office area be performed with the first phase to maximize the economics. Page 2 Finding 02 If the 10+ year needs cannot be accommodated in the first phase, it is recommended that the phasing be broken into three distinct phases each occurring approximately five years apart at an estimated cost of $695,000 +/- for each phase. Finding #3 The ultimate expansion of the salt storage facility should be performed in Phase 1 to maximize economics and to provide immediate additional cold storage facilities. Finding #4 Phase 2 should replace the existing cold storage pole barn with the major cold storage facility at the south end and defer the heated vehicle storage area to the third phase to further evaluate its. need at a later date. Findina *5 Actively pursue negotiations with Blue Cross to obtain approximately 2.5 acres through an option agreement to defer payment until the third phase (circa 2000). PROJECT PHASING The total facility expansion needs have been separated into three phases of approximately equal value ($700,000). The first phase is proposed for 1990-91 to incorporate expansion of vehicle maintenance facilities, administrative office operations and salt storage which would double as cold storage for vehicles until subsequent phases. Further, Phase 1 is proposed to be constructed in two stages with the salt storage and minor fencing and landscaping to be performed in 1991 with the major building expansion to be performed in 1990. Phase 2 is proposed for 1995-96 and would incorporate the replacement of the existing cold storage pole barn with a larger cold storage facility and related major grading and operation area completion. The third and final phase is proposed for beyond the year 2000 and would entail the final purchase/acquisition of additional land from Blue Cross to accommodate cold storage facilities, expansion of the heated vehicle storage area (if necessary) and additional outside storage with major landscape screening, etc. G7 Page 3 PROJECT COST ESTIMATES The architect has provided an estimated cost for construction and related overhead for each of the three phases. In addition, the proposed first phase was further evaluated by a general contractor to further refine those estimates. Stage 1 of the first phase is estimated at approximately $524,000, with Stage 2 estimated at approximately $170,000. The approved 1990 Budget for Phase 1 is $449,000 as provided through the Utility Enterprise Fund. If all phases were consolidated for completion with the first phase, the estimated cost would be approximately $2,000,000, as compared to the aggregate total estimate of $2,156,000 if done under three separate phases. SCHEDULE It is proposed that the first stage of Phase 1 would begin approximately July 15, with completion by Thanksgiving, and Stage 2 would begin approximately April 15, 1991, with total Phase 1 completion by May 30, 1991. ALTERNATIVES The first alternative is a "no build" scenario. This is not a practical alternative as personnel are already doubled up in existing offices with file rooms already converted to other offices. The incorporation of police and fire vehicles for equipment maintenance necessitates the addition of the vehicle maintenance area. Recent acquisition of major specialty equipment is resulting in outside storage of vehicles. In addition, with an approved budget of $450,000, it is not necessary to consider this alternative further. Another alternative would be to reduce the scope of the Phase 1 construction to the limits of the approved 1990 Budget. This would probably eliminate the cold/salt storage facility, landscaping and a portion of the administrative office expansion. This alternative will result in greater expenditures for future phases at a greater unit cost due to "piece meal" construction. This will also not alleviate the problem associated with outside storage of expensive pieces of major equipment due to lack of adequate cold storage facilities. A third alternative would be to recognize the needs for the total Phase 1 construction and commit to financing additional costs through the 1991 Utility Enterprise Fund Budget process. A fourth alternative would be to consider consolidation of all phased construction with the first phase to incur a cost savings U� Page 4 of approximately $150,000 with financing from other funds as identified by the attached financial report. The fifth alternative would be to not consider any further expansion of the Maintenance Facility but to pursue purchase and/or rental of private property in the Industrial Park at a greater long-term overall cost through leasing fees and loss of efficiency of personnel and duplicative use of equipment. SUMMARY It is the recommendation of the Public Works and Parks Department that, if internal financing can be accommodated from an economical perspective, that all phases be consolidated and constructed with the first phase. If it is determined that it is not economically feasible to consolidate all work into the first phase, it is recommended that Phase 1 comprising of Stages 1 and 2 be approved with additional funding being provided with the 1991 Utility Enterprise Fund Budget process. If any additional information or clarification is necessary, please feel free to contact us. Respectfully submitted, Thomas A. Colbert, P.E. Ken Vraa Director of Public Works Director of Parks/Recreation cc: Gene VanOverbeke, Director of Finance Joe Connolly, Superintendent of Utilities/Buildings John VonDeLinde, Superintendent of Parks Maintenance Arnie Erhart, Superintendent of Streets/Equipment Attachment TAC/jj MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK FANOQERBEKE DATE: MARCH 28, 1990 SUBJECT: MAINTENMCE FACILITY EXPANSION - FItANCING As I understand the report from BRW Architects, Inc., two construction scheduling alternatives have been presented. They can be summarized generally as follows: I. Alternate I - Complete the work in three separate phases. Phase one includes two stages covering budget years 1990 and 1991. Estimated costs and phasing are as follows: Pbase I Year Stage 1 Stade 2 Phase 2 phase 3 Total 1990 $528,794 $528,794 1991 $166,000 166,000 $694.794 1995 $660,000 660,000 2000 $801,250 801.250 Total $2,156,044 II. Alternate II - Complete all work in 1990. The estimated cost under this alternative is $2,019,244. The City has budgeted $449,000 in the water and sewer departments in the 1990 budget for items related to this proposed expansion. Historically the City has used a wide variety of methods to finance the construction of maintenance facilities. The first section of the existing building was constructed in 1969 and expanded in 1975. The cold storage was constructed in 1977 at a cost of $10,480 which was paid for with Utility Fund operations. The major addition to the original building was completed in 1986 at a cost of $1,579,000. Financing for this improvement consisted of $629,553 of revenue sharing, $300,000 from the General Fund and $649,447 from the Public Utilities Fund. A portion of the General and Public Utility Funds share was borrowed from the Consolidated Debt Service Bond Fund. The final installment on the repayment is due in 1991. The salt storage building was paid for by the General Fund and constructed in 1988 at a cost of $73,763. Numerous improvements, repairs and enhancements over the years have been financed from the various operating budgets as funds have been available. 1V MAINTENANCE FACILITY EXPANSION MARCH 28, 1990 PAGE TWO From a theoretical standpoint one would suggest that a maintenance facility be funded at 1/4 from Streets, 1/4 from Parks, 1/4 from Water and 1/4 from Sewer or in total 1/2 from the General Fund and 1/2 from Public Utilities. Current operations accounted for in the Central Services Maintenance Department of the General Fund are financed 2/3 by the General Fund and 1/3 by Public Utilities. In reviewing financing options for the proposed expansion, the General Fund situation needs to be carefully considered. With the ever increasing constraints on revenue and continued pressure for the maintenance of current service levels, I see no possibility that the General Fund can make any contribution to the construction of any facilities in the foreseeable future. In fact, the $30,000 due in 1990 for repayment of the advance from the CDSBF is not budgeted. The difficulty of balancing the 1990 budget is fresh in everyone's mind while at the same time we await word on the severity of additional reductions to be imposed by the Legislature. Unless a referendum were used, I cannot see any General Fund participation even on a loan/repayment basis. The probability of a successful referendum is very low, consequently, no additional consideration will be given to that option. The first decision point is whether to choose Alternative I or Alternative II. I see the advantages and disadvantages as follows: Alternative I _(Pbased Construction) Advantages: * Lower Initial Cost - a significant portion of 1st year cost is budgeted * Allows design changes over 5 and 10 year period if necessary Disadvantages: * * Higher total construction costs Same problems with financing will recur in 1995 and 2000 Alternative II (Total Construction 199.0) Lower overall construction costs * Construction and financing is done - impact on rates, etc., will be known and can be programmed * Some construction is in advance of the current needs High initial cost - compounds construction with the treat- ment plant * Fixes design for long time frame MAINTENANCE FACILITY EXPAK MARCH 28, 1990 PAGE THREE To provide some equity in financing this construction it seems important that some of the money (what would be considered General Fund or community wide) come from a source other than user rates in the Utility Fund. Short of a referendum, I believe that would have to be a contribution from the Consolidated Debt Service Bond Fund. While it will have an impact on rates, the Utility Fund question is one of using funds on hand, setting money aside and then building or borrowing money, constructing and then repaying the loan. The borrowing could be internally from available utility funds, from other City funds or externally through bonds or a lease arrangement. Given the amounts we are talking about, formal bonding is probably not advantageous especially with consideration of the treatment plant. It would be my recommendation that Alternate II be chosen; that is that the total facility be completed in one phase. I would suggest that $1,000,000 of available funds in the CDSBF be contributed to the project on behalf of the General Fund. This transaction would be a grant and not a loan. The balance of the total phase one construction cost of $1,019,244 would be an obligation of the Public Utilities Fund with the first $449,000 coming from the 1990 budget as approved. The subsequent balance of $570,244 would be returned to the fund through the budgeting process at approximately $114,000 per year for five years. Spending the $570,244 in advance of budgeting it will reduce available cash balances in the fund but will not cause significant cash flow problems or impact on-going operations. Fina a Director/City Clerk 4 Reviewed and accepted. &�4m rt City Administrator l EJV/jeh Date 3-`30-' ,O THRESHER SOUARE DAVID I. BENNE T 700TH;RD STREET SOUTH MARK G SWENSON MINNEAPOLIS MN 554!5 r DENNIS I SUTLIFF PHONE 62, 370-0700 DAVID L GRAHAM FKX (6!21370-1378 C PETER E 1ARVIS -E DONALD RINGROSE B• R w W- A R C H I T E C T S- I N C. March 27, 1990 Mayor Thomas Egan and Councilmembers City of Eagan 3830 Pilot Knot Road Eagan, MN 55121 Re: Maintenance Facility Expansion Implementation Report City of Eagan Project #559 Contract M-03 BRW Project #83-9004 Dear Mayor Egan and Councilmembers: This report is divided into Project History, Recommendations, Project Phasing, Detailed Project Costs, Schedule of the Work, Project Design Team and Services, and Conclusions. I. HISTORY OF PROJECT In March of 1989 BRW Architects completed a Facility Master Plan for the City of Eagan Maintenance Campus. Included in this report is a summary of current and projected space/cost requirements, a tabular program, a master site plan, four alternates in phasing the expansion, and a set of schematic plans for the office addition. In April of 1989 BRW developed three different alternates for phased im- plementation with associated costs. Then in June, 1989 a detailed cost es- timate was prepared by M.A. Mortenson Construction to more accurately iden- tify the various hard construction costs, based on 1989 dollars. Within the last two weeks, the Owner/Consultant team met to further discuss direction of the project and to finalize the 1990 and beyond projected costs and phasing. In an attempt to consolidate decisions and solidify the short and long term needs, BRW has been directed to submit this report to the City of Eagan. It is the intention of the Public Works and Park and Recreation Department to proceed with the necessary expansion plans this year, once approval is received from the Council. ZI3 Al AFFILIATE OF THE BENNETT RINGROSE WOLSFELD IARVIS GARDNER INC GROUP ARCHITECTURE URBAN DESIGN PLANNING TRANSPORTATION ENGINEERING MINNEAPOLIS • DENVER • PHOENIX • TUCSON - ST PETERSBURG City of Eagan March 27, 1990 Page 2 II. RECOWENDATIONS The following are a variety of recommendations proposed by BRW Architects that are a result of the ongoing discussions with City Staff, followed by the reasons, or rational, behind the proposals. Recommendation Rational 1. At a minimum, construct the vehicle Vehicle maintenance costs will maintenance addition and office increase at least by 15 to 20 expansion to both east and west percent if built separately. of existing offices at the same time. This portion of the work is initially the most critical. 2. If doing the project in phases Refer to April 27, 1989 letter. is necessary because of financial Also, the costs of the phases constraints in 1990, then the work should be equal to better should be done in three significant suit annual budgets and funds (and relatively equal) phases of available. work over the next eight years. 3. Complete the total Salt Storage The additional area of the salt in Phase I. shed can be used for interim cold storage until additional area is required for salt and cold storage. 4. In Phase II, demolish old cold storage shed and build the com- plete cold storage building -- prior to expansion of the heat- ed vehicular storage. 5. Negotiate with Blue Cross as early as possible to obtain an option on the adjacent land. Put off acquisition as long as pos- sible. 14 By building the cold storage first, problems with staging space and tight conditions are reduced by separating the work items. Also, building the heat- ed vehicular storage in phases is costly.and unnecessary. Easiest, however, would be to build everything at once, with- out phasing. Additional land will certainly be needed to fully serve the long term growth needs of the maintenance services. The land is not required yet and the budget does not allow for the luxury of immediate purchase. Thus an option will reserve the property until the time it is needed. City of Eagan March 27, 1990 Page 3 6. Contractors should provide Perform- ance and Material Payment Bonds. 7. The three lowest bidding Con- tractors should be scrutinized for their ability to perform the work as specified. Thus the lowest contractor may not necessarily be selected. BRW will make a special effort to select the lowest "qualified" bidder. This project will attract a good share of smaller General Contractors, some with smaller cash flows. Given the current climate there is a fear that contractors may "buy the job" to stay busy. Thus the 1 to 2 percent premium is like an insurance policy. For the reasons stated above, a contractor with a good history of financial stability, minimal change orders, and knowledge of the job "going in" can reduce risks and total costs at job completion. 8. We recommend setting aside a The remodeling aspect of the minimum 5 percent or $27,000 as con- project presents some "unknown" tingency for use during construction conditions. The reserve helps of Phase I. relieve some pressure in dealing with this. III. PROJECT PHASING The master plan, prepared in March of 1989, identified short term and long term needs for the expansion of the existing facility. Three phasing models were developed and subsequently discussed after the April 27, 1989 update report prepared by BRW. The most logical alternative included three phases. The logic in choosing this three phase scheme was that the three phases could be done in relatively equal segments (i.e., all around $700,000.00); the functions needed the most are done first (i.e., office and vehicle maintenance); salt storage expansion can multifunction in the short term until such functions as cold storage are provided later; and the costs are manageable during each phase. Phase I includes an expansion of office space and vehicular maintenance. Also included are fencing, minor roadway repair, additional parking to the front (north side) of the building, and expansion of the salt shed, tri- pling its current size. This relatively inexpensive construction can be designed for both use as salt storage and a drive-in storage area. [Note: Phase I work includes two stages: Phase I, Stage I is devoted to the necessary expansion of the existing building (i.e., office and vehicular maintenance), and additional parking lot improvements. Phase I, Stage II involves the salt storage expansion which, unlike the heated City of Eagan March 27, 1990 Page 4 building expansion, is erected by specialty contractors. This storage along with some site work (landscaping, irrigation and signage) are easily separated from the other hard construction items and afford much more flexibility in budget, size, and sequence.] Phase II includes demolition of the existing cold storage shed to build a new much larger one; (the existing shed is in the way of ulitimate building expansion and roadways). Additional roadway and fencing work is required. The final phase includes the expansion of the semi -heated vehicle storage, more roadway and fencing work plus the acquisition of land from Blue Cross to accommodate this expansion. The question arises, "What if we construct the entire facility in one phase in 1990?" Advantages and disadvantages of doing all the work in one phase are the following: Advantages: 1. The total Construction costs are lower (see details below). 2. A/E fees are proportionately lower. 3. Contingency is slightly less. 4. Larger more stable and experienced contractors will be interested in the projects. 5. No temporary accommodations are required . 6. All the disruption of operations will occur once instead of three times 7. Enlarged facility offers opportunities to enhance operations and production logistics. Disadvantages: 1. Dollars required for the 1990/1991 construction budget are $2,000,000 instead of $700,000. 2. Either a purchase of land from Blue Cross or a phasing of some work is required. 3. Phasing option provides more flexibility for future work. City of Eagan March 27, 1990 Page 5 Simplified Phasing/Cost Comparison (For more detailed information refer to "Detailed Project Costs" on Pages 6 and 7): One Phase Construction 1990 Hard Construction $1,824,224.00 (with Land Cost) Contingency 60,000.00 Soft Costs (Fees, Testing, 135,000.00 Expenses) TOTAL $2,019,224.00 Three Phase Construction 1990 to 2000 TOTAL OF ALL PHASES = $2,156,044 (about 6.8 percent more) (Note the difference in cost between the two options are primarily overlap of general conditions, temporary construction, economies of scale and redundant field administration costs.) Assumptions include: 1. Lending rate = inflation rate 2. All areas and costs are constant VI. DETAILED PROJECT COSTS A. SUMMARY In May of 1989, BRW hired M.A. Mortenson to provide a breakdown of cost estimates for the expansion of the Maintenance Facility. The to- tals arrived at were based on 1989 construction and included only hard construction costs, plus "builder's risk" insurance and performance bonds. The numbers did not include a contingency fund nor a provision to sequence the work over phases (except that they noted the vehicle maintenance addition would cost 15 to 20 percent more if not built in conjunction with the office expansion). 1990 1991 1995 2000 TOTAL Stage I Stage II Hard Construction 434,294 165,000 609,000 706,250 $1,914,544 Contingency 27,000 16,000 25,000 68,000 Soft Costs 67,500 1,000 35,000 70,000 173,500 TOTALS $528,794 $166,000 $660,000 $801,250 $2,156,044 TOTAL OF ALL PHASES = $2,156,044 (about 6.8 percent more) (Note the difference in cost between the two options are primarily overlap of general conditions, temporary construction, economies of scale and redundant field administration costs.) Assumptions include: 1. Lending rate = inflation rate 2. All areas and costs are constant VI. DETAILED PROJECT COSTS A. SUMMARY In May of 1989, BRW hired M.A. Mortenson to provide a breakdown of cost estimates for the expansion of the Maintenance Facility. The to- tals arrived at were based on 1989 construction and included only hard construction costs, plus "builder's risk" insurance and performance bonds. The numbers did not include a contingency fund nor a provision to sequence the work over phases (except that they noted the vehicle maintenance addition would cost 15 to 20 percent more if not built in conjunction with the office expansion). Marcn Page L/, i9qu 6 BRW added an estimated amount for expenses and fees for each function. The hard costs and soft costs within this report, however, will be itemized separately with a more accurate idea of soft costs and a larger contingency fee added to the project. The following costs were calculated for doing the work for just Phase I, or doing all the work (including cold storage, vehicle expansion, all site costs and land acquisition): Alternate 1 and 2 respectively. Note that the contingency, fees and other costs are a lower percentage for alternate since there are build -in efficiencies in doing all the work at one time. The 1990 estimate includes an increase of costs at 2.5 percent to account for increased labor and materials since 1989 (per advice from M.A. Mortenson). B. DETAILED BREAKDOWN FOR (1990/1991 BUDGET) Alternate # 1 (Complete work in three separatephases) Hard Construction Building Costs for Phase I only * To be addressed in 1991 budget Phase I Phase I 1989 MAM Stage I Stage II Function General Estimate 1990 Estimate 1991 Estimate 1. Office Expansion $331,179 $339,458 2. Vehicle Maintenance 68,133 69,836 3. Fencing, Regrading, Miscellaneous Constr. 50,000 25,000 15,000 4. Salt Storage (Stage II) 138,000 - 0 - 125,000 5. Landscape (Stage II) 20,000 - 0 - 25,000 Hard Construction Totals $607,312 $434,294 + $165,000 = $599,294 Contingency (@ 4.5 percent ±) 27,000 N/A Testing 4,000 N/A Total Hard Construction Costs $465,294 $165,000 Expenses (Blueprints, specs, mileage, photos) 4,000 1,000 Architectural/Engineering Services (9%) $ 59,500 N/A Total Cost Estimate $528,794 + $166,000 = $694,794 Eagan Total Budget Allocation $449,000 * To be addressed in 1991 budget City of Eagan March 27, 1990 Page 7 . Alternate #2 (Complete all work in 19901 Hard Construction Building Costs: Function 1989 NAM General Estimate 1990 Estimate 1. Office Expansion 331,179 332,485 2. Vehicle Maintenance 68,133 66,344 3. Vehicle Storage 555,222 540,645 4. Cold Storage 614,644 598,500 5. Fencing, Regrading Miscellaneous Constr. 100,000 90,000 6. Salt Storage 138,000 125,000 7. Landscaping 20,000 25,000 8. Land Acquisition 55,000 (?) 56,250A Hard Construction Total $1,882,178 1,824,224 Contingency (@ 3 percent)B 60,000 Testing 7,000 Total Hard Construction Costs 1,891,224 Expenses (Blueprints, specs, mileage, photos) 8,000 Total A/E Services (6.5 percent) 120,000 Total Cost Estimate 2,019,244 A$56,250 assumes a purchase price of 522,500/acre at 2.5 acres. B(Note that due to the economies and efficiencies of scale certain items can be proportionately reduced. For example, the contingency on Alternate #2 can be reduced to 3 percent. Also, the A/E fees are 6.5 percent of con- struction in lieu of 9 percent for Alternate #1). _�I City of Eagan March 27, 1990 Page 8 V. PROJECT DESIGN TEAM AND SERVICES Project Team: 1. Architect: BRW Architects, Inc. 700 Third Street South Minneapolis, MN 55415 Project Manager: Jeff Oertel Project Architect: Art Bartels 2. Structural, Electrical/Mechanical Engine BKBM, Inc. 219 North Second Street Minneapolis, MN 55401 Structural Manager: Tom Downs Mechanical Manager: Jack Snow Electrical Engineer: Norm Klaassen 3. Civil Engineer and Landscape Architect: BRW, Inc. 700 Third Street South_ Minneapolis, MN 55401 Project Engineer: Gary Ehret Landscape Architect: Chris Young Scope of Services Services include the following: o Review of existing building condition o Review meetings with client concernin o Representation at Council meetings o Preparation of design/pricing package o Preparation of contract documents for Structural, Mechanical, Electrical, C including drawings and specifications o Assistance and coordination in biddin o Issuance of addenda and clarification o Review and research into qualifying l on contractor selection. o Field Administration including: 1. One site visit per week by Archit 2. Additional Emergency visits as ne 3. Shop Drawing Review 4. Trips to site by all Engineers 5. Clarification of details and draw___,_ 6. Field report to Owner on weekly progress 7. Review and clarification of payment requests 8. Punch list and closeout City of Eagan March 27, 1990 Page 9 V. SCHEDULE OF DESIGN/CONSTRUCTION (PHASE I) The work for Phase I is to be completed according to the following tenta- tive schedule. Phase, Stage I work is for the office and vehicle expansion/site improvements and Phase I, Stage II is for salt storage and landscape. March 28, 1990 Proposal to City of Eagan April 3/4, 1990 Council meeting/start final documents June 15, 1990 Advertisement for bids/documents completed July 15, 1990 Construction start (Stage I) November 15, 1990 Substantial completion (Stage I) November 30, 1990 Close-out (Stage I) April 15, 1991 Construction start (Stage II) May 15, 1991 Substantial completion (Stage II) May 30, 1991 Close-out (Stage II) The schedule would be extended somewhat if the City Council elects to proceed with all work in one phase. It is a pleasure to be of service to you. We look forward to implementing the expansion and stand ready to assist you at your direction. If you require addi- tional information, please call. Sincerely, BRW ARCHITECTS, INC. Mark G. Swenson, AIA Principal and Vice President MGS/JLO/ag cc: Tom Hedges Tom Colbert Joe Connolly Arnie Erhart John Vondelinde Nancy Bailey Jeffrey L. Oertel, AIA Project Manager pi ympa POPL& Fdoo XF Agenda Information Memo April 3, 1990 City Council Meeting €W' FINAL PLAT EXTENSION/TOWN CENTRE 100 STH ADDITION A. Extension, Final Plat for Town Centre 100 - 5th Addition --The City has received a request from James Stirton, representing Ventana, that the final plat for Town Centre 100 5th Addition be given a sixty (60) extension to the April 6, 1990 date for rec r g of the aforementioned plat. The reason given in the attached letter, page _�is insufficient time to achieve all the financial and County approvals. The Department of Community Development has reviewed the letter and finds the request to be acceptable. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an extension of the final plat for Town Centre 100 5th Addition for 60 days or specifically June 6, 1990. Imb March 16, 1990 City of Eagan "CONFIRMATION" Planning Department 3830 Pilot Knob Road Eagan, Minnesota 55121 ATTENTION: Ms. M. Zaleznick Dear Ms. Zaleznick: RE: TOWN CENTER 100 - STH ADDITION Further to our recent conversations, we wish to request herein a formal extension to the April 6, 1990 date for the recording of the above mentioned plat as we feel that we do not have sufficient time to achieve all of the financial and county approvals. We feel that we will be in a position to have all of the documents and financial requirements of the City in place by this date, however we may not be in a position to file the plat until later in April. To be safe, however, we would appreciate your support in requesting a sixty day extension which would leave us with a reasonable margin for unseen delays. We trust that we will have your support. si very truly, lyes'B."stirton, B. ARCH., M.R.A.I.C. ice -President JSS/ces VENPM DEVELOPMENT CORPORAMW • 976 Grosvenor Avenue • MInnlpeg • Man lobo R3M OIN4 • (204) 452.9503 r' I Agenda Information Memo April 3, 1990 City Council Meeting TRAPP FARM PARK ADJACENT PROPERTY ACQUISITION B. Consideration, Trapp Farm Park Adjacent Property Acquisition—The Director of Parks and Recreation, Ken Vraa, and Brad Swenson of Tri -Land Development Corporation have been meeting to discuss possible alternatives for acquiring land adjacent to Trapp Farm Park, which has been considered part of that park until land survey was recently undertaken. The land in question concerns forested parcels at the top of the sledding hill in Trapp Farm Park. This item was scheduled for the March 20 City Council meeting, however, due to the length of the agenda, it was continued to the Apri 3 City Council meeting. A copy of a memo from the Director of Parks and Recreation regarding a meeting he had with Brad Swenson and a copy of the letter of petition from 68 residents and/or park users to "urge the City of Eagan to take whatever action is necessary to preserve the trees, sleq hill and character of Trapp Farm Park" are enclosed on pages through ACTION TO BE CONSIDERED ON THIS ITEM: To approve, deny or require further study for proposals by Tri -Land Development Corporation for obtaining land adjacent to Trapp Farm Park MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: MARCH 19, 1990 RE: TRAPP FARM PARK • LOT PURCHASU AND SWAP BACKGROUND: Staff has met with Brad Swenson of Tri -Land Development in an effort to acquire lots at Trapp Farm Park via a 'land swap". After review of several suggested parcels, Mr. Swenson has indicated that none of the parcels presented significant potential for a trade. The one opportunity that was presented was for the 10 acre parcel east of Walnut Hill Park. This would have enough trade value for two lots. Staff rejected this because the value/purchase price of the land far exceeds the value of the two lots, the loss of trees to the 10 acre site and the high development costs presented, which in effect reduced the value of the parcel. In summation, Tri -Land does not feel there is any opportunity to make a land swap for the lots in questions. 1 SSUEIALTERNATTVE: The issue remains for the Council to determine the need for and if it wishes to acquire any of the lots in question. wX Alternatives: It appears the Council has the following alternatives: 1. The "not to acquire" option. The Council could determine that the property in question is not necessary to have for the park. 2. Acquire only certain lots. The Council might determine that only lot(s) 9; 9 and 10; 9, 10 anc r ether combination) is important to acquire as these are the lots that have the greatest potential for impact on the park and sliding hill. 3. Acquire all six lots previously recommended by the Advisory Parks and Recreation Commission as being desirable to acquire. The Council may determine that all six lots, if developed, would be both a physical and visual intrusion into the park, would cause a significant loss of trees, and not be in the best interest of the community to have developed as homes. 4. Seek to acquire the "most significant" of the lots and a conservation easement (covenant) on the back (east portion) of the lots. The conservation easement would prohibit construction, storing or maintaining anything on that portion of the lots under the easement; prohibit the cutting of trees/vegetation; parking of vehicles. In brief, the conservation easement would keep the back portions of the lots in the present condition. In essence, a "no man's land" that is enjoyed for it's visual presence and contnbution as open space without the intrusion of structure or "man-made" interference. g? (,5 Cost of Lots: The following is the cost of each of the lots in question. (Mr. Swenson had previously indicated that these Iot prices included all utilities and a credit would be given, however these utilities have now been installed and no discount will be made.) Lexington Pointe 5th: Lot 9, Block 3 $34,500 Lot 10, Block 3 33,900 Lot 11, Block 3 34,000 Lot 12, Block 3 34,000 Lexington Pointe 4th: Lot 9, Block 2 $32,500 Lot 10, Block 2 33,900 Cost of Ea semen tfovenant: Staff has attempted to determine the loss in value the covenant would have on the lots. Mr. Swenson was not able to establish a value, although he was agreeable to this approach to help resolve the issue. Mr. Swenson suggested that the "market of buyers" determine the value with the City covering the difference between what he has marketed the lots for and for what he is able to actually sell the lots for with the covenant. Staff is requesting that the Council review the issue of acquisition of six lots adjacent to Trapp Farm Park andprovide direction to staff. J c�Moe�r Mw T iso IJ Tom Egan Eagan City Hall 38 30 Pilot Knob Road Eagan, MN 55122 N-a.r Mayor Egan, Enclosed is a list of signatures of 68 citizens and/or park users who strongly object to the removal of trees at the top of the sledding hill in Trapp F +.7 i1i Fa.rk. I understand that Bill Ipson submitted a separate list last fill of "1t1�'il5 obje(tin^' to th? same. The land in question has long been perceived land Whpsi informed that this is priva.tp lard ready for :i =1 Fri,ent, part, users were outraged More than 1/2 of the now healthy white and red oaks would be cut bo build hornes and driveways. Additional txees, would like!!, cli- because of construction dair,-,�ge E�tich will be even more severe this year duf b,:. our continuing drought. Trapp Farm Park will never be the sam: if lots ax,e developed as planned. According tK, city records, over S 1,034,000 has been invested in the j.frk for land purchasc- and site improvements. To lose the eitisting buffer arournd the park aftpr this much investment would be a tragedy. We urge t.h,t the cit;? take the necessary action to prevent the removal of these vital I would be happy to meet with you and your staff to further discuss si?lotions to this matter. c.c Ken Vraa Rill Ipson VI Tours for Trapp Farm Park, Lee Marken; Landscape Architect 895 Park Knoll Drive Eagan, MN 55123 (612) 456-0749 0-00 We, the below named citizens of Eagan jjgpghL urge the City of Eagan to take whatever action la naces__sary to preserve the trees, sled hill, and character of Trapp Farm Park. The future of Trapp Farm Park Is in great jeopard as reported In the November 159 1989 edition of the Eagan C ronir,12 (see attached). PHONE S1GN TyAE PRIM DRESS NU BER 3fa°I `AA140 ltQ AU' ti q Ab AN, 0�0 H 514-69 75 '4"9 19A04&60,dt 774 -Y 6 "13" Yt ,. y!, 7.6 a Apr- ? AJC- _ L^1 o rW 94&tm d v-- (.S-7.-- qV7 q� 2-4 V a � -41' &.40JI u We, the below named citizens of Eaganlitri2nWY, urge the City of Eagan to take to preserve the trees, sled hill, and character of Trapp . A'ffft PArk. The future of Trapp Farm Park Is Ingrest Jeopardy as reported In th+i November 15, 1989 rdIUM Of (see attached). 6F q ( ' PTS #7 Y. az;4� Lru�jq o 1•. • %644: Nle, the below named eltlund bf Can fir•!, urge the City of Eagan to take tb preserve the trees, sled hili, and character of Trapp ForM P$rk. The future of Trapp Farm Pkk to in great 16opard as reported In the November 15, 1999 Odltldh of the (see attached). --.2 t V-141 Zap --;1 V913M M. MM +*� M l.r'N--v rJ__.L .A�-- YS4.-07Y Lk hiQ it Olson 110 1"ark 'S ttU� /9 e We, the below named citizens of lagan fly, urge the City of Eegan to take whatever actIon-JUMOUSIXto preserve the trees, sled hill, and character of Trapp Fere+ ark. The future of Trapp Farm Park Is Ingreat jeopardyas reported In the November 15, 1980 +edition of the Migan Chronicle (see attached). PHONE SIGN&TURE .r� J �► � c r 1. r Ni'.Gr (�Y74.3:�-- fi�� 7 .'X b_ L-..._ _ A 4 4. L-l5Z -Yl S8 t -r -01-R - 19?' -a (DO 4s-2 -315 d a-3,so 6H q-3 e 'L( zggo We, the below named cltizbne of Eagan &Qnglyj urge the City of Eagan to take whatever adtlbri is hace� to preserve the trees, sled hill, and character of TrApp Farfh Perk. The future of Trapp pafh1 pgtk is in _great jeopardyas reported In the November 15, 19$9 •ditlah of s Eagan hroulcle (see attached). PHONE SIGNATURE PRINT AD RES_ _ NUMBER A. S—j 6-1: Agenda Information Memo April 3, 1990 City Council Meeting CONDITIONAL USE PERMIT/DAN BAR COMPANY C. Conditional Use Permit, Dan Bar Company, to Allow an On -Site Residence for a Mini -Storage Facility—A public hearing was held by the Advisory Planning Commission at their March 27, 1990 meeting to consider an application by Dan Barr Company for a conditional use permit to allow a mini -storage facility on Lot 6, Block 2 of Sibley Terminal Industrial Park. The APC is recommending approval. For a � of a report prQpared by the Community Development Department, refer to pages through D . Included in that report is information provided by both the Departments of Engineering and Finance regarding grading, drainage, erosion, easements, right-of-way permits and a status on financial obligations. For a copy�of the Advisory Planning Commission minutes regarding this item, refer to pages �2 through JpL. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit application for a mini -storage facility on Lot 6, Block 2 of Sibley Terminal Industrial Park as applied for by the Dan Barr Company. SUBJECT: CONDITIONAL USE PERMIT APPLICANT: THE DAN BAR COMPANY LOCATION: LOT 6, BLOCK 2, SIBLEY TERMINAL INDUSTRIAL PARK EXISTING ZONING: LI (LIGHT INDUSTRIAL) DATE OF PUBLIC HEARING: KARCH 27, 1990 DATE OF REPORT: MARCH 21, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow a mini -storage facility on Lot 6, Block 2 of Sibley Terminal Industrial Park. The lot has frontage on both Terminal Drive and Highway 13. Storage facilities are a permitted use within a LI district, however the on-site residence for the manager has required a Conditional Use Permit in the past. BACKGROUND: In 1988 this proposal was unanimously approved by the both the Advisory Planning Commission and City Council. However, it was not acted on by the applicant and as a result became null and void after one year from the date of approval. SITE PLAN PROPOSAL: The proposed building has a footprint of 71,775 square feet and will have four floors totaling 287,100 square feet. The lot coverage meets the 35% in a 35% district. All setbacks meet Code requirements and the height will be below the 40' allowed in a LI district. The building will be constructed in a single phase with a covered access ramp on the north side of the building that enters each level much the same as a parking ramp. However, no parking or storage is being proposed on top of the building since the grades fall 40-50' from Highway 13 and the top of the structure will be near that street elevation. A landscape plan will be prepared along with the typical engineering drawings at the building permit stage. Staff does not foresee any problems since the applicant has reviewed the project on an informal basis with representatives from the Planning Department, Protective Inspections Department, and the Engineering Department. As proposed, the building would be one of the largest storage facilities in Minnesota and the only one with a totally enclosed, multi -story design. The exterior will consist of concrete with horizontal metal bands that will allow air to circulate through the building. q� GRADINGfDRAINAGElEROSION CONTROL: Although no grading, drainage iC and erosion control plan was submitted at this time with this application, the development will need to submit a detailed layout at the time of building permit application. The existing drainage over the proposed development is generally in a northwesterly direction from Highway 13 towards Terminal Drive. The City's Comprehensive Storm Drainage Plan shows this area tributary to Pond CP -8. Pond CP -8 is a designated ponding area in the City's Comprehensive Storm Drainage Plan. The drainage from this site will be conveyed via the proposed storm sewer facilities to an existing 48" trunk storm sewer line that runs along the southwest and west property lines. The drainage plan submitted with the building permit application will need to provide a storm sewer line along the northerly property line from the existing 48" storm sewer to the east to a low point to collect approximately 14 cfs of runoff. The drainage plan will also need to provide for a catch basin on Terminal Drive on the upstream side of the driveway to collect a 5 cfs of runoff draining down Terminal Drive. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. UTILITIES:- A 30" trunk sanitary sewer line is located along the southwest property line and a 24" trunk sanitary sewer is located along the west side of the property in Terminal Drive. An existing 4" sanitary sewer service has been ' stubbed to the property from Terminal Drive and the proposed single family residential unit can be served by that 4" service. If the rental storage building requires sanitary sewer service, then an additional 6" sanitary sewer line will need to be provided to this site. A 12" trunk water main of sufficient pressure and capacity is located along the west side of Terminal Drive. No utility plan was submitted with this application. The utility layout plan submitted with the building permit application will need to provide a water line crossing Terminal Drive. The proposed watermain layout would serve the single family residential unit, plus provide hydrant locations along the rental storage building for fire protection. STREETS ACCESS CIRCULATION: The preliminary site plan proposes to obtain access to Lot 6 from a driveway connecting to Terminal Drive. No access is being proposed from Trunk Highway 13. City staff recommends that the width of the driveway shall be a minimum of 30' at the connection to Terminal Drive and that a concrete valley gutter shall be constructed across Terminal Drive at the intersection of the new driveway. q ; � EASEMENTS/RIGHT-OF-AAYCPERMITS: The building permit approval will require dedication of the City's standard 10' utility and drainage easements around the lot and the dedication of adequate easements to cover the existing 48" storm sewer. Any additional easement requirements will be addressed as part of the buiding permit issuance. This development shall be responsible for ensuring that all regulatory agency permits are acquired prior to building permit issuance. FINANCIAL OBLIGATION - 8 -CII -2-3-90: Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Project Use Storm Sewer Lateral 214 C/I TOTAL Rate Quantity Amount $5.64/FF 341.47 FF $1,926 $1,926 CONDITIONS FOR LOT 6, BLOCK 21 SIBLEY TERMINAL INDUSTRIAL PARK Conditional Use Permits expire a year after approval. The applicant, therefore, has reapplied with intentions to go forward with the project. If re -approved, this Conditional Use Permit shall be subject to the following conditions: I. No storage or parking on the roof of the building. 2. All signage shall conform to City Code requirements. 3. A detailed landscape plan shall be submitted and emphasize the Highway 13 corridor image. ci LOCATION ZONING qy n ;�o i ;� '� ,� � :•• �d � 11 iiij ii''' Iy��. •Ii . , i.... t :°�=ref •� � t �1'�,�� � • � il�.�; � ,!�I� . T .J- IIII II'1. Iil l h� I:Ii� •_ c , � I r � J i i S t i I i i l k y I j # PROPOSED PmNTAL +� lTOAAOE NU1LDING �t + �_ yQ DanBar Development co. _c IEAOAN, MINNKAOTA I s PROPOSED RENTAL - STORAGE BUILDING =.td r; DanBar Development co. =� $ EAGAN, MINNESOTA ,.� •TYP1[hL• L G vim. �.pNG .n.a. :L_•r we PROPOSED RZNTAL STORAGE FACILITY DanBar Development cc. r.K.Yr ��3 "tW6&. -"naof- OR � ,mss ••�..r y� c f J �10 ; �2p — (......'. to VL.- .` u........._ ,�j: y ,- ........... ee .. C tn 1- •-, • -_ _ ....._..... .... ...... ' . _.. _ z _ ............ R.............. --- -T' ' t PAOPOBEO RENTAL >QTOAAOR BUILDING ta•:- �_ = DanBar D•vatopmartt co_ • EAOAN, MINNEEDTA i i� CD r O z Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 27, 1990 CONDITIONAL USE PERMIT - DANBAR COMPANY Chairman Graves convened the next public hearing regarding a conditional use permit to allow an on-site residence for a mini -storage facility located on Lot 6, Block 2, Sibley Terminal Industrial Park west of Highway 13 in the southeast quarter of Section 8. City Planner Jim Sturm provided an application summary and reviewed the staff report. Mr. Dante (the applicant) described the project and the City's previous approval. He stated he was available for questions. Chairman Graves asked if the applicant would act in the next twelve months. Mr. Dante stated that illness was the cause of the last delay. Commissionmember Hoeft questioned the surrounding uses. City Planner Jim Sturm stated that the surrounding property was vacant. Commissionmember Voracek asked if any further conditions should be added. City Planner Sturm stated that the building permit review would cover the additional items referenced in the staff report such as landscaping, grading, and erosion control, storm sewer, catch basin, etc. Assistant City Engineer Mike Foertsch reaffirmed that this would be covered in the building permit review. Chairman Graves asked about the building materials. Mr. Dante explained that the building would be cast or poured concrete and that all requirements of the City were met. Commissionmember Gorman asked about the building ramp and its location. Mr. Dante described it. There was more discussion regarding the ramp. Commissionmember Hoeft stated that condition 1 should be modified to prohibit any structures or storage on the roof. Miller moved, Hoeft seconded, the motion to approve a conditional use permit to allow an on-site residence for a mini -storage facility located on Lot 6, Block 2, Sibley Terminal Industrial Park west of Highway 13 in the southeast quarter of Section 8 subject to the following conditions: or 05 • Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 27, 1990 1. No storage or parking or mechanical equipment on the roof of the building. 2. All signage shall conform to City Code requirements. 3. A detailed landscape plan shall be submitted and emphasize the Highway 13 corridor image. All voted in favor. CONDITIONAL USE PERMIT - TOM THUMB Chairman Graves opened the public hearing regarding a conditional use permit to allow motor fuel sales in a NB (Neighborhood Business) district on Lots 4 and 5, Block 1, Blackhawk Plaza and a pylon sign for Lot 4, Block 1, Blackhawk Plaza located on the northeast corner of Blackhawk Road and Diffley Road in the southeast quarter of Section 20. City Planner Jim Sturm gave the application summary and reviewed the staff report. He stated that the Code requirements had been met but that the proposed pylon location did not meet setback requirements. He stated that an additional condition should be added; that the developer must give evidence of lot combination of Lots 4 and 5. Mike Eicher (applicant) stated that he concurred with the new condition. He presented their facia dilemma to the Commission and stated that there was a dispute between Tom Thumb and Phillips as to which facia should be used. Mr. Barton (applicant) requested that the Planning Commission allow a Phillips facia over the pumps and a Tom Thumb facia on the building. Mr. Eicher stated that an intercom of a sort would be required by the fire Code (condition 4). He further stated that the developer would prefer to have outdoor displays. City Planner Sturm stated that no music or advertisements would be allowed over a loudspeaker and that outside storage would be prohibited. Rose Dukanz, 1815 Blue Stone, said that the mall would be empty when Tom Thumb left and that there were too many service stations in the area already. She urged denial. (0 (� Agenda Information Memo April 3, 1990 City Council Meeting CONDITIONAL USE PERMIT/MOTOR FUEL SALES FOR TOM THUMB D. Conditional Use Permit, Tom Thumb, to Allow Motor Fuel Sales In an NB District. on Lots 4 and 5, Block 1, Blackhawk Plaza and a Pylon Sign for Lot 4, Block 1, Blackhawk Plaza—A public hearing was held before the Advisory Planning Commission at their last regular meeting held on Tuesday, March 27, 1990, to consider an application submitted by Tom Thumb requesting a conditional use permit to allow motor fuel sales in a Neighborhood. Business District on Lots 4 and 5, Block 1, Blackhawk Plaza and a pylon sign for Lot 4, Block 1, Blackhawk Plaza. The APC is recommending approval. For a copy of a report prepared by the Community Development Department and suppleme to ith informati n from Engineering and a financial obligation analysis, refer to pages o through For, copy of the Advisory Planning Commission action on this item, refer to pages* through "i'-. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny applications submitted by Tom Thumb for a conditional use permit and pylon sign as stated for the Blackhawk Plaza Shopping Center. ion SUBJECT: CONDITIONAL USE PERMIT APPLICANT: TOM THUMB LOCATION: LOTS 4 & 5, BLOCK 1, BLACKHAWK PLAZA NE CORNER OF BLACKHAWK AND DIFFLEY ROADS EXISTING ZONING: NB (NEIGHBORHOOD BUSINESS) DATE OF PUBLIC HEARING: MARCH 27, 1990 DATE OF REPORT: X RCH 15, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted by Tom Thumb requesting a Conditional Use Permit to allow motor fuel sales in a neighborhood business district on Lots 4 & 5, Block 1, Blackhawk Plaza, and a pylon sign for Lot 4, Block 1, Blackhawk Plaza. BACKGROUND: The Blackhawk Plaza final plat was approved in November 1986 approximately. With plat approval, the project also received approval for a Conditional Use Permit for Lot 5, Block 1, to allow motor fuel sales. Tom Thumb currently located on the west end of the strip center is proposing to relocate on Lots 4 and 5 located along Diffley Road. COMMENTS: The site plan illustrates a building coverage of 11%. Twenty percent is allowed in the NB zoning district. Circulation on the site appears to be good, however there is potential for vehicle movement conflicts with entrance to the site on the northwest and on the west side. The potential hazard results from the proximity of parking spaces to the drive entrances. The City Code requires one off-street parking space for each 150 sq. ft. of gross floor area for retail uses. Based on the building size, this proposal requires 26 spaces. The plan submitted shows 28 spaces, however four of these would be lost anytime the underground storage tanks were being filled. The site plan shows an inside trash enclosure on the south side of the store. Staff has suggested moving the enclosure to the east side of the building which would allow trash removal to take place outside of any drive isles, as well as provide two additional parking spaces on the south side of the building. The applicant has not submitted an elevation plan illustrating the appearance of the store and car wash buildings or the proposed signage band for the canopy, store and car wash building. The applicant has agreed to provide a brick surface to all sides of both buildings that will match the brick exterior on the existing Blackhawk Plaza center. Staff has suggested to the developer that i�� the signage and color scheme of the canopy, store and car wash fascia should be uniform. The developer has not made a final decision as to the fascia, but will have renderings at the public hearing. Due to the car wash exit being on the north side of the structure, staff has recommended that the car wash be equipped with a blower and a catch basin. Details of the car wash have not been submitted at this point. The applicant has submitted a landscape plan that meets the overall landscape plan approved in November of 1986. Installation of a a- foot berm in combination with the proposed landscaping along the south property line may be appropriate. The overall plan addressed only the southern property line of the two lots under consideration. The applicant has, for the most part, continued the intensity of landscaping on the southern boundaries along the east boundary. The north and west boundaries are lacking significant landscaping. Because site lines are important on the north and south, it appears some overstory trees would be appropriate in these areas. A detailed landscape plan will need to be submitted on an approved grading plan. The developer has not finalized the design and appearance of the proposed pylon sign, however the sign will meet the Ordinance required maximum height of 27' and maximum size area of 125 sq. ft As shown, the proposed pylon does not meet the required 10' setback. 7 GR.AD114G, DRAINAGE i EROSION CONTROL: Although no grading, drainage and erosion control plan was submitted with this application, the development will be required to submit a detailed site erosion control plan at the time of the building permit issuance. The existing drainage over the proposed development is generally in a northerly direction. The site was rough graded with the initial development of Blackhawk Plaza. The storm sewer and ponding system on the Blackhawk Plaza development was designed to have Lot 4 drain to the pond to the east on Lot 3, and Lot 5 drain to the west to the pond on Lot 1. The pond on Lot 3 is drained via a 12" storm sewer system to the pond on Lot 1. An outlet has been provided for the pond on Lot 1 through the storm sewer system on Blackhawk Road which drains southerly to Pond AP -7. Pond AP -7 is a designated ponding area in the City's Comprehensive Drainage Plan. UTILITIES: An existing 8" sanitary sewer is in place along the north edge of Lots 4 and 5 and heads northerly and then westerly to Blackhawk Road. The sanitary sewer system is of sufficient size, capacity and depth to serve this proposed development. The need for a sanitary sewer manhole on the sewer service line and provisions for a sand trap that serves the car wash will be evaluated at the time of building permit review and issuance. Water iiain of sufficient size and capacity is available to serve this development from the existing 6" line along the north side of Lots 4 and 5. STREBTS/ACCESSICIRCULATION: The preliminary site plan submitted with this application proposes to obtain access to Lot 5 from the private entrance road on the west and the private street to the north. Lot 4 is proposed to have access from the private road to the north. The access to Lot 5 to the north shall match the centerline of the existing driveway to the north. City staff recommends that a concrete valley gutter shall be constructed across the private streets at all three intersections of the new driveways. Internal streets within the Blackhawk Plaza development are privately owned and maintained. The private street along the north side of Lots 4 and 5 shall be extended along the north property line to the east edge of Lot 4. Staff recommends that a minimum of a 36' wide roadway be provided along the north property line of Lots 4 and 5 to provide adequate access for this and future development to the north. A right -in, right -out access to the Blackhawk Plaza development was provided from Diffley Road. The preliminary site plan is not proposing any new access off of Diffley Road. EASEMENTS Z RIGHT-OF-WAY PERMITS: The building permit approval will require dedication of the City's standard 10' utility and drainage easements around the lots. This development shall be responsible for ensuring that all regulatory agency permits are acquired prior to building permit approval. FINANCIAL OBLIGATION - 20 -CU -1-3-90: Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Project Use Bate Quastity Amount None $ 0 LOTS 4 i 5, BLOCK 1, BLACKBAWK PLAZA CONDITIONS: 1. A detailed landscape plan shall be submitted on an approved grading plan prior to any building permit issuance. 2. A 3' berm shall be provided along the south side of both lots. 3. North and west boundaries shalt be landscaped with overstory trees with a minimum 7' height - branching. 4. No outdoor display or outdoor loudspeakers shall be allowed. 5. Trash enclosure shall be inside the building. 6. Any rooftop equipment shall not be visible. 7. Car wash shall be equipped with a blower and exterior catch basin. S. The entire pylon and sign shall meet the 10' setback from all property lines. 9. The pylon sign shall meet Ordinance requirements and be subject to the one-time sign fee of $2.50 per sq. ft. 10. The buildings shall be constructed on all sides with brick similar in color to the existing strip center. 11. All canopy and building fascia will be uniform in design. Q Q CL R N 2 U Q L 14a • 0 J is 40. No oft e� r • 0 J is 3 It :P; 8gig a I li bl! ; 1p dii @� (�,D-" T 8 8 m- Z Q Ol n r X A O. It :P; 8gig a I li bl! ; 1p dii @� (�,D-" T a b t O 1 91 a� do few «� r K �! q S W Ewer. f� �o° N J O F F 4 N JQZB ZNeA O O O 0 91 a u • J L �s ,5 \l 1 ui Li O QN J ^' W m t • � r � s . cq W c •sf U. z i U. t V � Z Z 2F D Q � e W L7 r a LOM. Q c W U Z 1 Li O QN J ^' W m t • � r � s . cq •sf V � Z Z W N °o U Z Page 51EAGAN ADVISORY PLANNING COMMISSION MINUTES March 27, 1990 1. No storage or parking or mechanical equipment on the roof of the building. 2. All signage shall conform to City Code requirements. 3. A detailed landscape plan shall be submitted and emphasize the Highway 13 corridor image. All voted in favor. CONDITIONAL USE PERMIT - TOM THUMB Chairman Graves opened the public hearing regarding a conditional use permit to allow motor fuel sales in a NB (Neighborhood Business) district on Lots 4 and 5, Block 1, Blackhawk Plaza and a pylon sign for Lot 4, Block 1, Blackhawk Plaza located on the northeast corner of Blackhawk Road and Diffley Road in the southeast quarter of Section 20. City Planner Jim Sturm gave the application summary and reviewed the staff report. He stated that the Code requirements had been met but that the proposed pylon location did not meet setback requirements. He stated that an additional condition should be added; that the developer must give evidence of lot combination of Lots 4 and 5. Mike Eicher (applicant) stated that he concurred with the new condition. He presented their facia dilemma to the Commission and stated that there was a dispute between Tom Thumb and Phillips as to which facia should be used. Mr. Barton (applicant) requested that the Planning Commission allow a Phillips facia over the pumps and a Tom Thumb facia on the building. Mr. Eicher stated that an intercom of a sort would be required by the fire Code (condition 4). He further stated that the developer would prefer to have outdoor displays. City Planner Sturm stated that no music or advertisements would be allowed over a loudspeaker and that outside storage would be prohibited. Rose Dukanz, 1815 Blue Stone, said that the mall would be empty when Tom Thumb left and that there were too many service stations in the area already. She urged denial. �(J Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 27, 1990 Steve Ramsey (owner of Blackhawk Plaza) explained the reason for the move. He favored the proposal. Richard LeMay, 1385 Jerde Road, asked how much storage of gas would be on-site. The developer stated that there would be three 12,000 gallon tanks but that many safety precautions would be taken. Commissionmember Trygg questioned the design of other Tom Thumb locations. Commissionmember Miller asked why the uniformity requirement was required by the City. City Planner Sturm replied that it would tie the site together architecturally. Commissionmember Merkley stated that the colors of the two designs were fairly close but that they should be tied together. Commissionmember Miller stated that the Planning Commission should not be unreasonably restrictive and should consider modifying the condition. Commissionmember Hoeft stated that the real issue was identity and that he was less sympathetic to this identity concern. Commissionmember Gorman stated the continuity was a valid concern. Chairman Graves stated that a lot of detail was missing from the plan. There was more discussion regarding the conditional use standards. The applicant stated that the trash enclosure inside is a problem. Jim Phillipe (representing the applicant) described how the parking could be moved 18 feet to the east. Commissionmember Voracek asked if the spacing was adequate from the driveway and he had safety concerns. Assistant City Engineer Mike Foertsch stated that the staff did not foresee any problems. Commissionmember Hoeft questioned the future area development. Commissionmember Merkley questioned the access points to the site. Commissionmember Merkley stated that there should be a condition added that the plantings in the green space would be irrigated. Commissionmember Voracek asked how the gas would be delivered if the parking and green space was modified as presented. Mr. Phillipe explained and discussed it with the Planning Commission. Commissionmember Miller stated that the Planning Commission concerns meshed with the developer's concerns on that point. Commissionmember Trygg asked if the staff could evaluate and correct any flow of traffic problems. Assistant City Engineer Mike Foertsch stated that that was possible. Leo Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 27, 1990 Commissionmember Voracek stated that a condition should be added that these items be addressed before going to the Council. The developer stated that that was an acceptable condition. Chairman Graves stated that the facia needs to be uniform. Miller moved, Hoeft seconded, the motion to approve a conditional use permit to allow motor fuel sales in a NB (Neighborhood Business) district on Lots 4 and 5, Block 1, Blackhawk Plaza and a pylon sign for Lot 4, Block 1, Blackhawk Plaza, located in the northeast corner of Blackhawk Road and Diffley Road in the southeast quarter of Section 20 subject to the following conditions: 1. A detailed landscape plan shall be submitted on an approved grading plan prior to any building permit issuance. 2. A three-foot berm shall be provided along the south side of both lots. 3. North and west boundaries shal-1 be landscaped with over story trees with a minimum of seven feet height - branching. 4. No outdoor displays or use of loudspeakers for outdoor advertising or music shall be allowed. 5. Trash enclosure shall be inside the building. 6. Any rooftop equipment shall not be visible. 7. Car wash shall be equipped with a blower and exterior catch basin. 8. The entire pylon and sign shall meet the ten foot setback from all property lines. 9. Pylon sign shall meet ordinance requirements and be subject to the one-time sign fee of $2.50 per square foot. (ii Page 8/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 27, 1990 10. The building shall be constructed on all sides with brick similar in color to the existing strip center. 11. All canopy and building facia will be uniform in design. 12. Lots 4 and 5 shall be combined with the Dakota County Recorder's Office into one tax parcel prior to the issuance of the building permit. 13. Green space and landscaping on the project shall be irrigated per staff requirements. 14. Car wash details, building elevations and traffic flow shall be addressed to staff satisfaction prior to submission to the Council of the application. All voted in favor. Miller moved, Hoeft seconded, the motion to approve a conditional use permit to allow a pylon sign for Lot 4, Block 1, Blackhawk Plaza, located on the northeast corner of Blackhawk Road and Diffley Road in the southeast quarter of Section 20, subject to the following conditions: 1. A detailed landscape plan shall be submitted on an approved grading plan prior to any building permit issuance. 2. A three-foot berm shall be provided along the south side of both lots. 3. North and west boundaries shall be landscaped with over story trees with a minimum of seven feet height - branching. 4. No outdoor displays or use of loudspeakers for outdoor advertising or music shall be allowed. Page 9/EAGAN ADVISORY PLANNING COMMISSION MINUTES march 27, 1990 5. Trash enclosure shall be inside the building. 6. Any rooftop equipment shall not be visible. 7. Car wash shall be equipped with a blower and exterior catch basin. 8. The entire pylon and sign shall meet the ten foot setback from all property lines. 9. Pylon sign shall meet ordinance requirements and be subject to the one-time sign fee of $2.50 per square foot. 10. The building shall be constructed on all sides with brick similar in color to the existing strip center. 11. All canopy and building facia will be uniform in design. 12. Lots 4 and 5 shall be combined with the Dakota County Recorder's Office into one tax parcel prior to the issuance of the building permit. 13. Green space and landscaping on the project shall be irrigated per staff requirements. 14. Car wash details, building elevations and traffic flow shall be addressed to staff satisfaction prior to submission to the Council of the application. All voted in favor. UNISYS PARC SECOND ADDITION - UNISYS CORPORATION Chairman Graves opened the public hearing regarding a preliminary plat for two lots on 130.7 acres of RD (Research and Development) zoned property located at the northwest corner of the intersection of Agenda Information Memo April 3, 1990 City Council Meeting r CONTRACT 90-011WESCOTT STATION PARK AND CARLSON LAKE PARK E. Contract 90-01, Review Park Pians and Specifications, Wescott Station Park and Carlson Lake Park/Authorize Advertisement for Bids—Two (2) parkland developments that are sited for completion in 1990 include Wescott Station Park and Carlson Lake Park. Both of these parkland improvements were identified in the original park systems plan and comply with the City's policy to develop a community park in each neighborhood park district at a size no less than ten (10) acres. This philosophy was adopted to provide concentration of recreational facilities for maintenance purposes. The Parks and Recreation Department participated in the planning of the Wescott Station Park and Carlson Lake Park. Informational meetings have been held with the neighbors and the final park plan was reviewed and adopted by the Advisory Parks and Recreation Commission at their March Commission meeting. It is advisable that the City Council separate the discussion of the two (2) park proposals, however, for purposes of official action, there is one (1) motion required that will direct a final preparation of plans and specifications and authorization for the advertisement for bids. Wescott Station Park It is recommended that the proposed Wescott Station Park be given consideration first. Enclosed on pages through L� is a copy of a memo and report prepared by the Director of Parks and Recreation regarding the proposed Wescott Station Park Development. Carlson Lake Park For additional information on the Carlson Lake Park plan, refer to the attached memo. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny with or without modification Contract 90-01, review park plans and specifications for Wescott Station Park and Carlson Lake Park and authorize an advertisement for bids. MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR HONORABLE MAYOR AND CITY COUNCIL 14 FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: MARCH 28, 1990 RE: WESCOTT STATION PARK - MASTER PARKS PLAN BACKGROUND Wescott Station Park, and Carlson Lake Park, were previously identified in the Park Systems Plan document and as part of the 1984 Parks Bond Referendum, for development in 1990. Staff has had two neighborhood meetings to review concept plans for Wescott Station. Residents have also had several meetings on their own to discuss plans for the park. On February 7, staff presented to the neighborhood three preliminary concept plans for review and discussion. At the conclusion of that February meeting, there was a general consensus that one of the park plans was desirable, but with some changes. These changes have been incorporated into a new park plan and was presented to the Advisory Parks & Recreation Commission at the March Commission meeting. (See Parks & Recreation Commission attachment on Wescott Station Park). ISSUE At the March Commission meeting, the Commission reviewed the issues as identified in the staff memorandum dated February 27, 1990, on Wescott Station Park. The main issue was the access road and parking lot proposed for the park. The Advisory Commission received the neighborhood comments and a petition in regards to the park. It was the consensus of the Advisory Commission that inasmuch as the residents were willing to accept parking on the street and in front of their homes, the parking lot could be omitted from the parks plan. The Commission felt that should parking be required in the future that it could be added, despite the additional cost. With that issue addressed, the Advisory Commission then recommended to the City Council, adoption of the Master Parks Plan. FOR COUNCIL ACTI To review the concept plans for Wescott Station Park and to authorize plans and specifications and advertise for a bid opening in conjunction with Carlson Lake Park. KV/bls MEMORANDUM TO: PARKS AND RECREATION COMMISSION FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: FEBRUARY 27, 1990 RE: WESCOTT STATION PARK • MASTER PLAN BACKGROUND Staff has had two neighborhood meetings, one in June, 1989, and most recently on February 7th, 1990, to review concept park plans for Wescott Station Park. The residents had also called a meeting of their own to discuss amongst themselves plans for the park. On February 7th, staff presented to the neighborhood three concept plans for review and discussion. At the conclusion of that meeting, there was a general consensus that Plan A was the preferred plan, but with a few changes. There was one issue that was not resolved. Staff has prepared a new concept plan which recognizes the changes suggested at that neighborhood meeting. ISSUES Plan A separates the two play fields, sledding hill, bituminous trails, hardcourt, games area, and sun shelter. The plan provides for the establishment of a prairie area to the east and an observation area. The plan also shows an entrance road and a twelve car parking lot off of Ridgewood Drive. This parking space is perhaps the most controversial aspect of the parks plan. Residents immediately adjacent to the entrance road and parking lot are opposed to this element. Others members of the neighborhood preferred the parking area, realizing that without the parking lot residents would be parking on the street with the potential for blocking driveways, etc. Staff has explained to the neighborhood residents that cars will be coming to the park, to think otherwise was just not realistic. We explained to the residents that if parking was not provided, people would be parking in front of their houses on the street. Due to the limited number of stalls provided, there may still be times when people will find the need to park on the street. The Commission may or may not be aware that staff have received complaints from the neighborhood at Ridgecliff, Quarry and at one time Carnelian, where the park does have parking lots; the lots there are too small at times and people do park on the streets. This occasionally upsets neighbors. Z�. '"TSCOTT STATION - MASTER PLAN PAGE TWO The Commission will have to make a final determination on which way to proceed. An alternative has been suggested by neighbors that the parking lot could wait until it is determined if it is actually needed. That need would then be based on some type of a "benchmark" of what the need is - and how is it identified. The cost of putting in a parking lot after the construction of the park is obviously going to be more expensive. How much more expensive is conjecture, it could range from 10% to 40%. Staff is not able to provide you an accurate estimate at this time, because this is in a preliminary stage. NEIGHBORS MEETING On Tuesday, February 27, Stephen Sullivan and the Director met in the home of Mr. Richard Jangula, along with the residents immediately bordering the entrance to the park, and those directly across the street. (The Jangula home is immediately to the right of the park entrance). The purpose of the meeting was to review some of the particulars of what the parking lot (if approved) might look like, the amount of screening, etc. The residents also expressed their concerns for having a lot., (Note: Staff suggested they write a letter which might be included in the packet - the timing in the writing of this memo precedes the receipt of any letter). Generally, the residents are concerned about the need for the parking lot, and whether there will be sufficient traffic generated to warrant a parking lot. A perceived devaluation of home values as a result of the parking lot was also expressed. The spoiling of views from the homes as they look out across the park to view only a parking lot. Cleanliness of the area was a consideration; residents felt there might be debris as a result of having the lot. Residents also stated that they had been told by realtors and builders alike that this was to be a nature park, and that there would not be any parking lots, only trails. This, they were told was verified by people at City Hall. They understood, and are willing to have cars parked in the street, rather than have a parking lot. �D-3 Z6- WESCOTT STATION MASTER PLAN PAGE THREE DISCUSSION Not all of the Eagan parks have parking lots, the omission of a parking lot from this park would not be a first. However, parks without parking lots are all smaller and do not provide the park amenities that this thirty plus (30+) acre park provides. There are dozens of examples of parks with and without parking lots, some with lots that are as close to homes as this and perhaps closer. There are equally as many examples of parks that don't. Clearly, there will be cars that will be coming to this park, and will need a place to park. The issue is where is the best place for the cars, and more importantly, the people who are coming to the park. The valuation is somewhat subjective, whether the addition of a parking lot "reduces home values" is very difficult to ascertain. Every home buyer has a different set of values. Several years ago the people next to Rahn Athletic field said nearly the same thing about the development of the fields behind their homes. Yet, one new home owner said he bought the house because of the fields, and didn't want the planned plant material for screening put in to block his view of the fields. Parking lots and fields are not really the same issue, so the devaluation is left for the Commission to determine. Wescott has never been envisioned as a "nature center". Although, it certainly has a theme which has emphasized the passive element and preservation of the original site. Perhaps, this is what some individuals interpret what a nature center is. However, Eagan has always been spoken of as Eagan Nature Center, just as Richfield is noted for Woodlands and St. Louis Park for Westwood Hills. This department has had individuals relate that the park would also be "active" - planned with tennis courts, ballfield, skating rink, etc. Clearly, there has been a great deal of information that has been provided residents that has not been based on an approved master plan. OTHER ISSUES There are other issues, although not as significant as the parking lot issues. One of the issues pertains to a proposed road access off of Elrene. Several residents, at the first planning meeting had suggested that a roadway be developed from Elrene, rather than utilizing the existing entrance. Staff did a preliminary investigation with the Engineering Department on this after realizing the amount of destruction to the wooded area, in addition to the cost, and this became a prohibitive alternative. Therefore, it has been dismissed from further consideration. WESCOTT STATION PAGE FOUR The second issue relates to the potential for a skating rink. Staff's plans had not provided for winter skating opportunities and there has been some desire expressed for that. A skating rink could be provided for (perhaps on the aglime infield) should the Commission decide at the conclusion of its Parks Systems Plan Study that a skating rink is an appropriate item at this location. The last issue is on tennis courts. At the initial neighborhood meeting there were numerous requests for a tennis court - either one or two, lit or unlit. None of the plans that staff had prepared recognizes a tennis court. There were a few comments at the neighborhood meeting concerning the tennis court and why one wasn't shown. Staff has responded that there are eleven (11) tennis courts at Northview, all within a reasonable distance. If the neighborhood had wanted to develop more of a passive park, an inclusion of two tennis courts would have intensified the development of that park. This would have led to additional parking requirements. Staff has had two additional contacts made regarding tennis courts. COST ESTIMATES Staff is currently preparing cost estimates for the development of this park. At this time, there is no reason to believe that the estimates will be exceptional; they should fall within budget range for construction. SITE VISIT Commission members who are not familiar with Wescott Station, may want to visit the park prior to the meeting to acquaint themselves with the access point and surroundings. FOR COMMISSION ACTION After review of the three previously prepared concept plans and a newly developed concept plan for the park, to approve a master plan - making a recommendation for the inclusion of a parking lot or a deletion of the parking lot. The Commission may also wish to consider the omission of a parking lot to be considered at some time in the future, and to determine if a need exists. KV/bls 21. MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR HONORABLE MAYOR AND CITY COUNCIL FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: MARCH 27, 1990 RE: CARLSON LAKE PARK PLAN BACKGROUND On January 29, 1990, staff conducted a second neighborhood meeting with residents from the Carlson Lake Park area. The first meeting was held in 1989, for the purpose of gathering input from the residents in regard to their park needs. At the January 29, 1990, _ meeting staff presented three (3) concept plans for review by the neighborhood. A composite plan was prepared based on the preferences indicated and presented to the Advisory Parks and Recreation Commission at its March Commission meeting. Residents from the area attended that meeting to address the park plan. TCCiTFR In general, the neighborhood seemed agreeable to the plan provided at the January meeting; the emphasis was on keeping the park low keyed and passive. The plan approved by the Advisory Parks and Recreation Commission emphasizes general use, open play area and avoids "high use" facilities such as a ballfield. Perhaps the single most important issue that was not resolved at the earlier neighborhood meeting, was the need for and location of playground equipment and a hardcourt play surface. Residents immediately adjacent to the park were opposed to playground equipment. The rationale is that the playground equipment would create noise from the children. Further, the noise would be amplified by the bowl, topographic character of the lake area. Residents felt that the noise will echo and will be a disturbance to the immediate neighborhood. There were also several residents who spoke up in favor of the playground equipment. Typically, these residents were within the park service area, but not necessary adjacent to the lake. They felt that playground/hardcourt would service the many young children in the neighborhood. In response to residents who opposed the playground equipment, and who had earlier pointed out that playground equipment was available at Oak Chase Park, it was noted this equipment was not convenient, the equipment was limited, far from their homes, and the crossing of Wilderness Run Road was a safety concern. CARLSON LAKE PAGE TWO MARCH 27, 1990 COMMISSION ACTION The Advisory Parks and Recreation Commission heard from those residents who were opposed to the playground equipment. The discussion amongst the Advisory Commission concluded that concern for noise as a result of the playground equipment was, perhaps, overstated. The purpose of neighborhood parks are for children and for play. The motion was made and seconded, and passed four to three (4-3) that the Master Parks Plan as provided be approved with the inclusion of the playground equipment and hardcourt surface area. FOR COUNCIL ACTION To review the proposed Carlson Lakes Parks Plan and to approve the plans and specifications, and advertise for a bid open. KV/bls i �1 Agenda Information Memo April 3, 1990 City Council Meeting ST. JOHN NEUMANN CHURCH/REQUEST TO WAIVE PLAN REVIEW FEES F. Waiver, Plan Review Fees, St. John Neumann Church Addition and Remodeling, 4030 Pilot (Knob Road—The City has received a request from the parish of St. John Neumann to waive the plan review fees for the addition and remodeling of St. John Neumann Church which are estimated between $3,600 and $3,860. St. John Neumann Church is proposing that Thomas Joachim, a Minnesota certified building official, review the plans and specifications and submit to the City all plan review comments to eliminate this expense. The Community Development Department's Chief Building Official Doug Reid has expressed a concern about precedents and, further, has advised the City Administrator that to date the City of Eagan has never waived any plan check or building permit fees. For additional information on this item, refer to a letter from Reverend Gerald L. Frier, parish of St. John Neumann, enclosed on page`�and a memo from Doug Reid, Chief Building Official enclosed on page ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the request by the parish of St. John Neumann to waive plan review fees for the addition and remodeling of St. John Neumann Church. PARISH of 9JOHN NEUNIMN 4030 Pilot Knob Rd. Eagan, MN 55122 454-2079 March 15, 1990 Mr. Doug Reid Building Official 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Mr. Reid: The parish of St. John Neumann is requesting the City of Eagan waive the plan review fees for the addition and remodeling of St. John Neumann Church. We are proposing to have Thomas R. Joachim review the plans and specif- ications and submit to the City of Eagan all plan review comments. Also Mr. Joachim would meet with the City of Eagan building department to familiarize the department with this project. Mr. Joachim is a Minnesota Certified Building Official, an International Conference of building officials certified building inspector and plans examiner and is currently employed by the State of Minnesota Building Codes and Standards Division as Supervisor of the Plan Review Section. His section reviews and approves plans and specifications for all hospitals, nursing homes, community colleges, state universities and school district projects throughout the State. He also assists municipal building officials on interpretation and application of the Minnesota State Building Codes and prepares building code seminars for continued education requirements for municipal building officials. Mr. Joachim has offered his services as a member of St. John Neumann Church. We are very grateful for this offer of contributed services and we request that the City of Eagan grant this variance from the usual plan review procedures. Since we are anticipating an early May construction start, we would appreciate a prompt response to our request. Thank you for your consideration. Sincerely, Rev. Gerald L. Frier Pastor l2_� MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: DOUG REID, CHIEF BUILDING OFFICIAL DATE: MARCH 21, 1990 RE: ADDITION A REMODELING OF ST. JOHN NEUMANN CHURCH PLAN REVIEW FEES Our office received a letter from Rev. Gerald L. Frier of St. John Neumann Church requesting the City of Eagan waive the plan review fees for their proposed expansion project to begin in May. Mr. Tom Joachim, a resident of Eagan and member of St. John Neumann Church, has offered his services to review the plans. He is a Minnesota certified building official and an International Conference of building officials certified building inspector and plans examiner and is currently employed by the State of Minnesota Building Codes and Standards as supervisor of the plan review section. The City has received requests in the past to waive plan review fees for building permits. To my knowledge, the City of Eagan has not waived,fees in the past. It is my concern that if the City waives this fee, we would be setting a precedent whereby other citizens, businesses, etc. would also request like treatment. The estimated valuation of the addition to St. John Neumann Church is approximately two million dollars. The plan review fee the City would collect is approximately $3,600 - $3,860. Chief ilding Official DR/ j s 5c) Agenda Information Memo April 3, 1990 City Council Meeting COMPREHENSIVE THOROUGHFARE PLAN AMENDMENT G. Comprehensive Thoroughfare Plan Amendment, City of Eagan, to Update Eagan's Thoroughfare Plan to Evaluate the Functional Classification and Designation of All Thoroughfares In the City of Eagan—At the March 27, 1990 Advisory Planning Commission meeting, an amendment to the Comprehensive Thoroughfare Plan, which is a section of the Comprehensive Guide Plan, was considered and approved as presented. For additional information on the item, refer to pages rough i/ For a copy of the Advisory Planning Commission action, refer to page ZZ ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the Comprehensive Thoroughfare Plan Amendment for the purpose of updating Eagan's thoroughfare plan to evaluate the functional classification and designation of all thoroughfares in the City of Eagan. 13! CITY OF RAGAN SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT THOROUGHFARE PLAN APPLICANT: CITY OF RAGAN LOCATION: CITYWIDE DATE OF PUBLIC HEARING: MARCH 27, 1990 DATE OF REPORT: MARCH 20, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: The Transportation Plan of the Eagan Comprehensive Guide Plan contains a framework for transportation planning in the City. A key element of this chapter is the Thoroughfare Plan which defines the functional classifications of planned and existing roadways in Eagan. The functional classifications are based on development levels noted in the Comprehensive Guide Plan and provide definitions of the characteristics and purpose of roadways. An update of the Thoroughfare Plan is necessary for two primary reasons. First, Eagan's population has more than doubled since the plan was approved in February 1980. As such, an evaluation of the 1980 Thoroughfare Plan is in order to ensure that the functional classifications of Eagan's roadways accurately reflect existing and now -projected levels of development. Second, the Metropolitan Council adopted a revised Transportation Development Guide/Policy Plan for the metropolitan area in 1989. Under the Metropolitan Land Planning Act, local comprehensive plans must be consistent with regional system plans. This update of the Thoroughfare Plan is a logical first step in what staff intends as a complete update of the Transportation Plan of the Comprehensive Guide Plan for consistency with metropolitan system plans. Included with this staff report is a list describing the six functional classifications for roadways in Eagan. Also included is a list of the roadways proposed for functional classification as community collectors, minor arterials, other principal arterials, or interstate freeways, as revised. Evaluation of roadways to be functionally classified as neighborhood collectors or local streets, along with additional revisions to other portions of the Transportation Plan, will be presented for Advisory Planning Commission recommendations and City Council approval as work on the complete Transportation Plan update progresses. i31 i33 FUNCTIONAL CLASSIFICATION SYSTEM FOR HIGHWAYS MAJOR MINOR INTER- CROSS CROSS SECTION PRIVATE ON -STREET JURISDICTIONAL FUNCTION CWAACTEP.ISTICS LOCATION SPACIiiG STPEETS STREETS CONTROL ACCESS PARKING RESPONSIBILITY Principal 'Major inter i In natural 3-6 Separated Termin- Separated None None State Arterial intra regional Community miles or same sted A same Sig - trips separations, at grade MIS *Connect urban defining de- with Sig - places 8 major velopment i nals traffic not separat- 'Serve longest ing it trips at high level of ser- vice 'Rtsemble grid pattern 'Continuous Inter- *Same as Same as 1.3 Separated At grade Separated None None State radiate Principal ex- Principal riles at grade w/ signals or signals Arterial ce?t does not or at grade or none serve inter- w/ Signals regional trips Minor •Intra -county On edges 1 - 3 At grade At grade Signals None None County or Arterial 6 some snorter of neigh- miles or some Municipal State Aid inter -county borhoods stop Signs •fiec;wr, length witr.in trips tohmunity 'Continuity wittin prin- cipal grid syster at M11r..Jr 'Serve Courty facilities such as - parKS , etc. 'Connect popu- latior 6 employ- ment centers within princi- pal grid Community 'Short trips Within 1// to At grade At grade Stop signs Restric- Restric- Local Collector with access Cceir.,,r.ity 2 miles or some ted ted by Govern - to minor signals local rent generators ordinance 'Collect L distribute trips be- tween uses [ arterial Systems Neighbor- 'Access to land Within 1/4 to At Grade At Grade Stop Sign Unre- Unre- hood 'Collect I dis- Neighbor- 1 rile stricted stricted Local Collector tribute hood Government neighborhood trips to higher service ar- terial Local 'Access to land Wkhin 1 Block At Grade At Grade Usually Unre- Unre- Local Access 'Discontinuous Neighbor- None stricted stricted Government hood i33 FUNCTIONAL CLASSIFICATIONS STREET 90MMUNITY COLLECTORS Beau de Rue Dr. Blackhawk Rd. Blue Cross Rd. Cedarvale Blvd. Cliff Lake Dr. Clubview Dr. Deerwood Dr. Denmark Ave. Duckwood Dr. Federal Dr. Galaxie Ave. Hampton Dr. High Site Dr. Johnny Cake Ridge Rd. Nicols Rd. Rahn Rd. Silver Bell Rd. Wescott Rd. FROM Nicols Rd. Cliff Rd. Blackhawk Rd. Beau de Rue/Nicols Cliff Rd. Hampton Dr. Blackhawk Rd. Duckwood Dr. Federal Dr. Yankee Doodle Rd. Apple Valley Clubview Dr. Pilot Knob Rd. Apple Valley Cliff Rd. Cliff Lake Dr. Blackhawk Rd. Pilot Knob Rd. TO Silver Bell Rd. T.H. 13 Yankee Doodle Rd. Silver Bell Rd. Blackhawk Rd. Lexington Ave. Pilot -Knob Rd. Yankee Doodle Rd. Denmark Ave. Violet Ln/Duckwood Cliff Rd. Yankee Doodle Rd. Hampton Dr. Deerwood Dr. Beau de Rue Dr. Cedarvale Blvd. T.H. 13 T.H. 149 ---------------------------------------------------------------- MINOR ARTERIALS Cliff Rd. Diffley Rd. Lexington Ave. Lone Oak Rd. Pilot Knob Rd. Yankee Doodle Rd. T.H. 3 T.H. 13 T.H. 149 Burnsville T.H. 13 Cliff Rd. T.H. 13 Apple Valley T.H. 13 T.H. 149 Silver Bell Rd. T.H. 55 Inver Grove Heights T.H. 3 T.H. 55 Inver Grove Heights Mendota Heights T.H. 55 Rosemount Mendota Heights T.H. 3 ---------------------------------------------------------------- OTHER PRINCIPAL ARTERIAL T.H. 13 Burnsville Silver Bell Rd. T.H. 55 Mendota Heights Inver Grove Heights T.H. 77 Bloomington Apple Valley T.H. ---------------------------------------------------------------- 149 Mendota Heights T.H. 55 INTERSTATE FREEWAY I -35B I-494 Burnsville Bloomington Mendota Heights Inver Grove Heights Page 11/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 27, 1990 3. The development will be required to provide assurance, either by the appropriate easement on the plat or by executing the appropriate agreement, of provisions for storm sewer requirements as identified in the City's Comprehensive Storm Drainage Plan. 4. The development shall provide appropriate easements for vehicle access between the lots in the Unisys campus. All voted in favor. COMPREHENSIVE THOROUGHFARE PLAN AMENDMENT - CITY OF RAGAN Chairman Graves opened the public hearing regarding a comprehensive thoroughfare plan amendment to update Eagan's thoroughfare plan to evaluate the functional classification and designation of all thoroughfares in the City of Eagan. City Planner Jim Sturm provided an application summary. Community Development Director Dale Runkle further reviewed the plan with the Advisory Planning Commission. Merkley moved, Trygg seconded, the motion to approve a comprehensive thoroughfare plan amendment to update Eagan's thoroughfare plan to evaluate the functional classification and designation of all thoroughfares in the City of Eagan. All voted in favor. ADDITIONAL COMMISSION DISCUSSION Commissionmember Voracek noted that there was junk in the rear of Valley Lounge and the Holiday station had utilized outdoor displays. City Planner Jim Sturm stated that those issues were being addressed. Commissionmember Merkley stated that the City should consider removing the Splashland PD and other expired Planned Developments. Commissionmember Hoeft stated that the application process should be tightened up to clarify conditional use permit review by the Planning Commission. City Planner Sturm explained the process. Commissionmember Hoeft stated that unless the developer adequately presented information to staff, they should not be on the agenda. Community Development Director Runkle updated the Planning Commission on the R4 study. �3<� Agenda Information Memo April 3, 1990 City Council Meeting MORATORIUM/R-4 DEVELOPMENT APPLICATIONS H. Consideration of Moratorium on R-4 Development Applications --At the March 27 special City Council meeting, the City Administrator was directed to place on the regular Council agenda consideration of a moratorium on R-4 development applications. The reason for considering the moratorium was to allow the City Council an opportunity to review and hold the necessary public hearings without pending applications. The City Administration requested legal research by the City Attorney's office regarding the moratorium. For a cop of his findings and conclusions, refer to the attachment on pages through n - ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a moratorium on multi -family residential applications until the multi -family residential land study is completed. 13 � KEMORANDUN TO: Tom Hedges FROM: Mike Dougherty DATE: March 29, 1990 RE: Moratorium/Multi-Family Residential Land Study our File No.: 206-7409 Under Minnesota Statutes 5462.355, if the City of Eagan is conducting a study or is holding or scheduling hearings for the purpose of considering amendment of comprehensive plans and/or ordinances, the City Council may adopt an interim ordinance applicable to all or part of the City for the purpose of protecting the planning process and the health, safety and welfare of the citizens. The interim ordinance may regulate, restrict or prohibit any use, development or subdivision within the City or a portion thereof for a period not to exceed one year from the date it is effective and may be extended for such additional periods as the City may deem appropriate, not exceeding a total of eighteen months. No interim ordinance may halt, delay or impede a subdivision which has been given preliminary approval prior to the effective date of the interim ordinance. Since Eagan is presently completing a study process and moving toward the implementation of the findings of the study, which may require Comprehensive Guide Plan and zoning changes, a moratorium throughout the City with respect to multiple family dwellings with an R-4 classification would be consistent with the statute. The length of the moratorium may initially be up to one year from the date of the initial approval of a moratorium. With respect to a subdivision which has been given preliminary approval, it can not be halted, delayed or impeded by the adoption of a moratorium. This portion of the statute is to be read in conjunction with Minnesota Statutes 8462.358, subd. 3(c) regarding the effect of subdivision approval. The gist of that subdivision is that for a period of one year following preliminary plat approval and two years following final plat approval, the City can not amend its Comprehensive Guide Plan or ordinances to affect the use or development density permitted by the approved application. Thus, the statutes have created an exemption from a potential moratorium for any property which has gone through the platting process within the last year for preliminary plat approval or the last two years for final plat approval, wherein the approvals were granted. !3� li- A couple of factors which need to be addressed in the consideration of a moratorium at this stage, is (1) the nature of a moratorium and (2) to be aware of the Parranto v. New Brighton case which was decided by the Appellate Court of State of Minnesota and the First English Evangelical case decided by the United States Supreme Court. Language used in the moratorium is important. If the City Council seeks to 'rezone specific properties during the period of the moratorium, the moratorium with respect to the multi -family R-4 zoned property should relate to development of those properties only and not zonings. The City would not desire to place a moratorium on their own actions as well as that of the landowners. In Parr -an others v. City of New Brighton, 425 N.W.2d 585, (Minn. App. 1988) (Petition for review denied), the Court of Appeals addressed a situation where the City of New Brighton rezoned property owned by the Parranto Brothers to a different commercial use classification while the Parranto Brothers' application for development allowed under the existing zoning ordinance was pending. The new zoning classification prohibited Parranto Brothers' proposed development and Parranto sued claiming that the rezoning resulted in unconstitutional taking of its property. The Minnesota Court held that the rezoning by the City of New Brighton was in furtherance of legitimate governmental objectives and further held that Parranto Brothers were not denied reasonable use of their property. One of the noted factors in the Court upholding the actions of the City was the fact that Parranto Brothers purchased the property knowing that the City was preparing a Comprehensive Land Use Plan which might place extensive restrictions on land use, and that the planning board had determined that the subject property was inappropriately zoned and should be designated for a less intensive use. With respect to the city of Eagan's multi -family residential study, arguably the properties that the City would want to restrict development upon are those which they have deemed to be an inappropriate use within the study and which implementation may result in the rezoning of those properties. Assuming that all the potentially affected property owners have been adequately advised of the study and that the findings are made public, the present owner or any future purchaser of one of the identified parcels would be in no different position than Parranto Brothers. One case which has had significant publicity in the land use area but which has not as yet shown a significant impact within the Minnesota Courts is First English Evanaeliggl Lutheran Church of Lindale v. County of Los Angeles, California, 107 S.Ct. 2378 (1987). The Supreme Court found that monetary damages may be an appropriate remedy in cases where a land use regulation can affect a taking even for a short period of time. First English did not find that in fact a temporary taking had occurred, but rather stated the premise that monetary damages may be proper in an area of the law where traditionally the Courts have only granted injunctive relief. With respect to a moratorium on R-4 properties in the City of Eagan, if the moratorium denies a particular owner all reasonable use of his land, the City may be liable for damages during the time that the moratorium is in effect. Other cities have adopted moratoriums in the past, over differing items, but that fact alone, would not shield the City of Eagan should one of the affected property owners under the moratorium prove that he or she was denied all reasonable use during the moratorium. As I stated earlier, an affected property owner would certainly be expected to raise the first English case in a challenge to a moratorium,_, and though while the Minnesota Courts have not had a case wherein they made a decision under the analysis of First English, it is important that the City know of the potential impact of the First English case. If you have any questions, please give me a call. MGD/djk '3 Agenda Information Memo April 2, 1990, City Council Meeting DISCUSSION OF DRAINAGE PROBLEMS (COUNTRY HOME HEIGHTS) ;. Discussion of Drainage Problems (Country Home Heights) --As a result of the early spring rains this past month, Country Home Heights Park and portions of Egan Avenue were flooded 2'-3' deep. The only method of drainage in this area is by percolation. Until that occurred, Egan Avenue was completely closed off to traffic. In addition, continued rainfalls caused erosion problems for portions of these gravel streets plugging driveway culverts and requiring continuous and extensive maintenance restoration. The Public Works Department continues to receive many calls and complaints regarding t e condition of the roadways as well as the drainage problems. Enclosed on page r� are photos submitted by the homeowners showing examples of the problem. // Most recently, the City has received letters enclosed on pages (41r�and from affected property owners requesting the City to take some corrective action. As these property owners recall, on Febru7jis 982, a public hearing was held to address these same problems. Enclosed on page a copy of the minutes from that public hearing which resulted in the project not being approved by a majority of Councilmembers. As was explained to several property owners, the City can proceed with any type of improvement if approved by Council action. It was also explained that public improvements need to be financed by property owners in the area of the proposed improvement. Without concurrence of one or the other, it is difficult for staff to pursue this matter any further other than to continually try and respond to the problems as they occur. Several of these property owners have indicated that they would like to renew their concerns with the City Council on April 3. The Public Works Director will be available to provide additional information as may be necessary. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the concerns of the property owners in Country Home Heights regarding drainage problems and to provide appropriate direction to City staff. �qo r.L4 Ca Aij. Ao t `• �( VI lf� � r. March 289 1990 Mr. Tom Colbert City Engineer City of Eagan 3030 Pilot Knob Road Eagan, DIN 55124 Dear Yx. Colbert: We are writing to state our concerns concerning the flooding of Country Home Park and Egan Avenue. We think the city should do something to correct the problem so that, at a minimum, the street is safe and passible at all times. We have three children and are aware of the danger presented by the flooding to the many children who live in the neighborhood and are attracted to play near and in the water when the flooding occurs. We are in favor of making improvements to our area. Whether the city decides to improve all of the streets in the neighborhood, we believe all would agree that the flooding of Egan Avenue and related problems is not an example of the way a city should be run. We hope the council takes the initiative on April 3, 1990, to move toward a solution of these problems. is 'Very truly yours, N cy 1 Les Jones 285 as Lane Eagan, N 55121 t,z(" L ,JE�L? 2 JOSEPH J. CHRISTENSEN ATTORNEY AT LAW 6101 YF,RNON AVENUE SOUTH. SUITE 400 • FI)INA. NIINNFSOTA 55436 March 27, 1990 Mr. Tom Colbert City Engineer City of Eagan 3030 Pilot Knob Road Eagan, MN 55124 RE: Country Home Park Flooding Dear Tom: As you know from our telephone conversations over the past ten or eleven years, I continue to be concerned about flooding problems which persist in the area of Country Home Park and Egan Avenue in front of my home. Each year the flooding goes well over the road and floods a significant portion of- my lot damaging or destroying a large lawn area adjacent to the street. In order to remedy this problem I have, at my expense, over the years, added fill to my yard to attempt to raise the yard level relative to the road and have attempted to re-establish a lawn in this area each year. The city maintains small culverts under the Duren's and Burt's driveways (the two lots south of mine) which causes runoff from the spring melt and rains to be diverted directly into my yard where the waters pond and then flow over Egan Avenue into the park. This ponding activity brings with it silt, sand and, I would guess, chemicals used on the roadway which kill the lawn and make it difficult to re-establish grass in this area of my yard. The movement of the water over the street and the flooding of the street causes the road in the low area to become quite rough. The city corrects this condition by grading the road but the grading has, over the years, raised the level of the road creating a sort of "dike" increasing the amount of ponding in my yard. It seems to me that it would greatly help the situation � q3 Mr. Tom Colbert Page 2 March 27, 1990 if, among other things, a culvert were installed under Egan Avenue in the vicinity of the Duren's driveway to catch water uphill from the Duren's driveway, carry it under the street and discharge it into the park. The problem could be basically eliminated if, together with the culvert under the road, catch basins were installed on each side of the street in the low area of Egan Avenue. As you know, storm sewer was stubbed in along the south side of Egan Avenue from Pilot Knob easterly to a point roughly adjacent to and north of my garage. This work was done at the time Pilot Knob was upgraded but the storm sewer was not extended to serve the park since, as I understand it, this would be a city project and the Pilot Knob upgrade was a county project. As you also know, many years ago I petitioned the city and collected signatures for the installation of an extension of this storm sewer into the low area of Egan Avenue. At that time, I agreed to provide, without cost, an easement to the city across my yard to shorten the distance over which the storm sewer extension would need to run in order to serve the low area in the street and to avoid the expense of disturbing the existing black topped and curbed portion of Egan Avenue which exists along the northern and northeastern portions of my property lines. When an engineering feasibility report was done, the consulting engineer came up with two alternative proposals. The first proposal was the one I had requested in my petition which would have served only the low area of Egan Avenue. The other proposal included this work as well as a further extension of the storm sewer to the eastern low area of the park where an additional catch basin was proposed. I opposed the second alternative since it dramatically increased the cost of the project and was, in my view, unnecessary. The low eastern area of the park does not need to be drained since, I think you will agree, this area allows water to return to the water table naturally at an amazingly rapid rate as was evidenced by the 100 year rain we received in August (1987?) a couple of years ago. When water ponds before frost comes out each year, catch basins in the low area of Egan Avenue would control the flooding by working as a sort of "overflow" Mr. Tom Colbert Page 3 March 27, 1990 leaving the bulk of the water to pond in the lower area of the park until the frost leaves the ground and the water sinks down into the ground. I am willing to renew my offer of a no cost easement if the storm sewer is extended only to the low point in the street and the eastern extension to drain the park is not constructed. My wife and I are also not opposed to a more complete project which would bring hard surface streets and street lighting to the entire subdivision. However, I am aware that my neighbors share a variety of views on the question of extending hard surface streets, storm sewer and curb and gutter throughout the subdivision. While it may be possible to resolve all issues at once, I think it is likely that the issues other than storm sewer for the low are of the street will complicate and slow down the ultimate resolution of that problem. This matter concerns the public safety, health and welfare and is a condition which the city should take the initiative in addressing. Accordingly, I believe it is appropriate for the city, on its own, to undertake an analysis of the storm water problems in and around Country Home Park and order proper improvements to address the condition. As you know, under state statute, it is necessary for a private party petitioning for these improvements to obtain the signature of thirty percent of the property owners in the subdivision. I do not have the time or the inclination to again undertake this effort. Rather, it seems more appropriate for the city to order these improvements on the 4-5 council vote as, as you also know, is permitted by the statute. I look forward to attending the council meeting set for April 3, 1990, to hear the views of the city council on this issue. As always, my neighbors and I appreciate the time and attention you have given us in dealing with these various issues over the years. Very truly yours, Jose J. Christensen RECE'VED «AR � (31E"'N Tl 11 IN(7 931 VANDALIA STREET ST. PAUL, MN $51 14 WE ARE LOCATED ON THE S.W CORNER OF THE BUILDING (61 2) 646-1839 March 27, 1990 Mr. Tom Colbert City Engineer City of Eagan 3030 Pilot Knob Road Eagan, Mn 55124 Dear Tom, I am aware that the City Council will be discussing the Egan Avenue flooding problem at its next council meeting on April 3, 1990. I have also seen a copy of Joe Christensen§' letter and am writing to tell you that I agree that this problem needs to be dealt with very soon. Like the Christensen', a large portion of my yard gets obliterated each year from the extremely large amount of storm water running across my grass and leaving sand, dirt and other debris. I have, at my expense, replaced or repaired these areas of my lawn but I am simply tired of trying to correct what is really the city's problem. I am fully in support df'having all work completed for the sub- division necessary to give us hard surface streets, curbs, gutters, storm sewer and street lights. However, even if this work isn't ordered in any time soon, the city has a duty to correct the storm water problems so my yard is not destroyed each year. My wife and I look forward to seeing you and the council on April 3. Thank you for your consideration. Very truly yours, W10AqWj 61tV- Jim and Margaret Burt 2891 Egan Ave Eagan, Mn 55121 March 29, 1990 Mr. Tom Colbert City Engineer City of Eagan 3030 Pilot :nob Road Eagan, Mn_ 55124 RE: Flooding of Fagan Ave. Dear Mr- Colbert: Please be advised that my letter concerns the frequent flooding of Egan Ave. @Country Home Park. I believe that the city of Eagan needs to take action to correct this problem. Many times this road is unpassable. When the road is dry, it is full of holes, ruts, etc. which I know, over time will take its toll on my vehicles. It is my understanding that there is a legitimate answer to this problem without spending exhoribitant sums of money to upgrade all the streets in our subdivision. I like the unix ue look and country atmosphere which the streets bring to our neighborhood. The answer seems to be to extend the storm sewer from the corner of Egan Ave. and Vilas Lane to the low point on the west side of Egan Ave" This would seem like a logical solution to the chronic problem of flooding of the street next to the park on a low cost basis which makes sense to all parties concerned, including the city. I understand that April 03, 1990. I this issue" S"ncerel , .W. La gh. 2905 Egan Av . Eagan, M 512i this item Will be on the council agenda plan to be there to voice my concern on l47 j :..? 9 Council Minutes February 2, 1982 4. MnDOT Traffic Signal Cost Participation Agreement. It was recommended that a Cost Participation Agreement No. 60808 for Traffic Signal at County Road 026 and Trunk Highway #55 be entered into with the Minnesota Department of Transportation on a cost participation basis as outlined in the agreement. R 82-7 SEE AGREEMENT FILE Upon motion by Smith, seconded Thomas, it was resolved that the consent agenda be aproved. All voted in favor. Councilman Wachter arrived at the meeting at this time. FUEL STORAGE TANK - PUBLIC WORKS DEPARTMENT Mr. Colbert recommended that the City Council authorize solicitation of quotations for the installation of a surface -mounted 1,000 gallon diesel fuel tank with pump. He noted that during the heavy snowfalls that approximately 400 to 450 gallons of fuel oil are used per day and that the current above- ground dispensing 500 gallon tank is not sufficient for heavy demand uses during times of heavy snowfalls. Smith moved, Egan seconded the motion to authorize the staff to proceed with quotations for an above and a below ground system and to return to the council with such quotations. All voted yes. COUMT SOME HEIGHTS STORM SEWER - IMPROVEMENT PROJECT #351 The public hearing regarding the proposed storm sewer improvement in Country Home Heights Addition consisting of Improvement Project #351 was convened by Mayor Bea Blomquist. A large number of affected property owners were present. Mr. Colbert explained the project and Councilman Egan withdrew from consideration noting he -lives in the subdivision. Mr. Colbert explained the proposed lateral storm sewer and four separate categories of property relating to proposed trunk and lateral storm sewer assessments in the subdivi- sion. He also explained the proposal for respread of both the lateral and trunk costs for the neighborhood park. In addition, he combined the estimated assessments for Improvement Project #177 and discussed all of the alternates concerning the storm sewer installation. Mr. Joe Christianson was present and stated that he had originally requested a minor portion of storm sewer be installed because of the flooding near the Eagan Park and Country Home Heights Park. There were objections from affected owners and others who favored installing a portion or the entire project, including curb and gutter and surfaced streets. The hearing convened at 7:00 p.m. and at 7:50 p.m. Mayor Blomquist moved, Wachter seconded the motion to close the hearing. All voted in favor. Mr. Christianson stated that if the first portion of the project is installed, that he would then grant an easement across his property without charge. Wachter then moved, Blomquist seconded the motion to authorize the installation of the first portion of the project to Eagan Avenue and prepare the plans and specifications. Those in favor were Wachter and Blomquist. Those against were Smith and Thomas. Councilman Smith stated it would be more prudent to install the entire storm sewer project than to do it piece -meal which would be much more economically practical for the subdivision. Smith then moved, Thomas seconded the motion to order in the entire project and authorize the Engineer to prepare plans and specifications. Those in favor were Smith and Thomas. Those against were Wachter and Blomquist. Both motions failed.