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
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INSTALL NEW STREET LIGHT
O UPGRADE EXISTING STREET LIGHT
RELOCATE EXISTING STREET LIGHT
O RELOCATE & UPGRADE EXISTING STREET LIGHTS
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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
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EXTENT OF„r
`' \\ �.
r`. , GROUND RADLAL-S
„, „t .•� �, (ALSO CORRESPONDS !+ v
�•"i TO 100% FALL RADIUS)
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ID I�? ANCHORS
ell
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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 �+
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. 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
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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
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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
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41
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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
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Wilson Jones CompanyT a
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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
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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.
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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.