10/30/1998 - City Council RegularMEMO
city of eagan
MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: OCTOBER 30, 1998
SUBJECT: AGENDA INFORMATION FOR NOVEMBER 2, 1998 CITY COUNCIL
MEETING
ADOPT AGENDA/APPROVE MINUTES
After approval is given to the November 2, 1998 City Council agenda, the minutes of the
October 20, 1998 regular City Council meeting and the minutes of the October 29, 1998 and the
October 13, 1998 special City Council meetings, the following items are in order for
consideration.
Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
IV. RECOGNITIONS & PRESENTATIONS
A. RECOGNITION OF POLICE OFFICER RODGER SLATER
FOR 30 YEARS OF SERVICE
ACTION TO BE CONSIDERED:
To recognize Police Officer Rodger Slater for 30 years of service.
FACTS:
• At the recent Employee Recognition Picnic, Officer Slater was recognized for his 30
years of service as an Eagan Police Officer.
• Officer Slater began his career in 1968 when Eagan was a township and the
population was approximately 7,500. He has played an important role as a police
officer during the enormous growth of the City in the past 30 years.
• During his career, Officer Slater has received over 70 letters of appreciation and
recognition from the community and the Police Department. His interest in
emergency medical response evidence collection and fingerprinting makes him an
invaluable member of the department.
• Officer Slater is the first employee to have worked for the City for this length of time.
0
Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
DEPARTMENT HEAD BUSINESS
A. CONVENTION & VISITORS BUREAU
1998-99 MARKETING PLAN AND BUDGET
ACTION TO BE CONSIDERED:
To approve the 1998-99 Marketing Plan and Budget for the Eagan Convention & Visitors
Bureau.
FACTS:
The by-laws of the Eagan Convention & Visitors Bureau require City Council
approval of the operating budget.
Staff has reviewed the revenue projections and feels they are reasonable.
Ann Carlon, Executive Director of the CVB, will be present at Monday's Council
meeting to discuss the proposed budget and marketing plan.
ATTACHMENTS:
• Report identifying upcoming CVB promotional activities and Eagan hotel industry
statistics enclosed on pages `l through Jr .
• Budget document and marketing plan enclosed without page number.
WA
Report to the Eagan City Council November 2, 1998 6:30pm
Eagan's 25th Anniversary 1974-1999:
Rooted in the Past: Branching out into the Future.
Eagan is celebrating its 25h Anniversary in 1999, and the Eagan Convention & Visitors
Bureau is organizing a year-long celebration. Following a city-wide contest to develop a
logo and slogan, the winner was Bryan Roberts, 17, a student at Eagan High School. The
Silver Anniversary Community Committee selected Roberts' design from more than 30
submitted entries. Coca-Cola is one of our major sponsors and they provided the prizes
for the top 5 entries which were awarded at Lone Oak Days at the Holz Farm. Watch for
more details as the anniversary year approaches and we invite you to become involved in:
The Eagan CVB Winter Promotion is:
Strike Gold with Eagan's Silver Anniversary Sweepstakes
Between November 1998 -May 1999, seven lucky winners will receive a $1,000
Shopping Spree at the !Mall of America. To qualify for entries, ask for the Silver
Anniversary Room Special at one of Eagan's seven participating hotels. In honor of the
city's 25th Anniversary, guests receive 25% off room rates on Friday, Saturday and
Sunday night stays plus a $25 value from our attractions partners:
FREE Knott's Camp Snoopy Ride Pass
FREE Mall of America Coupon Book
FREE Minnesota Zoo Youth Pass
FREE ECVB Shopping Bag
Advance reservations are required and the participating hotels include: Best Western
Yankee Square Inn, Hampton Inn, Holiday Inn Select, Holiday Inn Express, Fairfield
Suites (a.k.a. TownePlace Suites) Hilton Garden In -Eagan and Residence Inn by
Marriott This is an exciting promotion which is being marketed in Canada, the C Sand
Travel Agents around the world. Advertising is in magazines, newspapers and direct
mail campaigns.
The Northwest Airlines strike posed a downturn in occupancies for Eagan Hotels – some
dropped by as much as 10-20 points, As soon as the strike was over, some hotels
reported sell-outs the next day. Eagan's hospitality industry is affected by economic
forces outside of our control, but if Eagan can maintain a strong corporate structure, our
hospitality industry will prosper.
The Eagan CVB is at the forefront of the Minnesota Tourism Promotion Coalition which
is leading a state-wide effort to support a $7 million funding increase for the Minnesota
Office of Tourism. To date, we have received over 300 resolutions representing over
45,000 people in the hospitality industry throughout Minnesota
Eazan, Minnesota Hotel Industry Statistics
1993 4 Hotels in Eagan — Holiday Inn Select, Budget Host Inn, Yankee Square
Inn and Residence Inn by Marriott TOTAL ROOMS: 432
1994 May — Holiday Inn Express adds 70 rooms
December - Hampton Inn adds 122 rooms TOTAL ROOMS 624
1995
1996 April — Holiday Inn Express adds 50 suites TOTAL ROOMS: 674
1997 March — Fairfield Suites by Marriott adds 105 rooms
October — Extended Stay America adds 104 rooms TOTAL ROOMS. 883
1998 January — Homestead Village adds 130 rooms
June — Hilton Garden Inn to add 100 rooms
Nov — Sleep Inn to add 104 rooms TOTAL ROOMS: 1,217
1999 January - Microtel Inn & Suites add 80
Summer - Comfort Suites add 104 rooms
Staybridge Suites add 80 rooms
TownePlace Suites add 95 rooms TOTAL ROOMS 1,576
AVERAGE OCCUPANCY
1994
82%
(192 rooms added)
1995
78%
1996
78%
(50 rooms added)
1997
791/o
(209 rooms added)
1998
to date 790/6
(230 rooms added)
TOURISM INCOME
(estimated)
$53.4 mil (est)
$63.4 rnil (est)
$64.9 mil (est)
$71.4 mil (est)
TYPES OF HOTEL ROOMS AVAILABLE IN EAGAN TO DATE:
Full Service Rooms 287
Limited Service Rooms 367
Extended Stay Rooms 234
All Suites 225
The population of the City of Eagan has grown from:
10,398 in 1970 to 47,400 in 1990 to over 60,000 in 1998
Area Hotels: Bloomington 34 — 7,500 rooms St. Paul -3,000 Minneapolis -5,400 North
Metro -2,250 Burnsville 950 Shakopee -650 Lakeville -369
ON
Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
B. EAGAN'S 25T" ANNIN'FRSARI' (1974-1999)
CVB CELEBRATION
ACTION TO BE CONSIDERED:
Informational only. Ann Carlon, Executive Director of the Convention & Visitors
Bureau, will be present to comment and answer questions.
FACTS:
• Eagan is celebrating 25 years as a city in 1999 and the Eagan Convention & Visitors
Bureau is organizing a year-long celebration.
• The CVB is requesting a coordinated effort between the City and the CVB to ensure a
successful citywide celebration.
• A number of activities have already been planned by the CVB which include a Silver
Anniversary Kickoff prior to the January 5 City Council meeting, button sales which
will entitle bearers to discounts/prize drawings throughout 1999, tubing at Trapp
Farm Park on February 21 and an Eagan Go Bragh Parade celebrating Eagan's Irish
heritage. A detailed description of each event is included in the attached letter sent to
the City Administrator. The committee anticipates additional opportunities to
celebrate Eagan's 25' Year during 1999.
• Superintendent of Recreation Dorothy Peterson, Communications Coordinator Joanna
Foote and Donna Tilsner, the new Program & Events Supervisor, are being asked to
attend the committee meetings on behalf of the City.
Iv to rTy 1 Iu• 1 *a Ik*l
• Letter to City Administrator Hedges enclosed on page 2
:J
Tom Hedges, City Administrator NDINT_1;01�
City of Eagan Co%ly.N 10vSvb1T0R BIRW'
3830 Pilot Knob Road
Eagan, MN 55122 mm.rjg:mm^ k,an
October 22, 1998
Dear Tom,
The Eagan 25h Anniversary Committee, chaired by Raleigh Seelig, has determined a schedule for
first quarter events in 1999. Because this is a citywide celebration, it will take our coordinated
effort to be successful. Here is what the committee has chosen to do and what we need from you
and your staff before we can proceed:
• Silver Anniversan Kickoff- cake and coffee reception at Eagan Municipal Center two hours
prior to Jan. 5 Council meeting. This would be a public "meet and greet' your new and
current council. It could also be an opportunity to acknowledge the contributions of retiring
members Ted Wachter and Tom Egan. From you we need: confirmation that we can use the
community room/kitchen on the upper level from 3:30-7 p.m. (includes setup/cleanup); a
reasonable expectation that council members will be available to attend (is there a special
meeting prior to the 6:30 p.m. regular meeting''); joint promotion through
publicationslliterature; access to kitchen equipment.
• Button sales - we would like to have a purchasing outlet somewhere at city hall. Buttons will
be sold for Sl so minimal staff time will be necessary to conduct each transaction. Buttons
entitle bearers to discounts/prize drawings throughout 1999.
• Tubing at Trapp Farm Park from noon until 4 p.m. Sunday, Feb. 21 (weather permitting).
Slide on down the Silver Slopes! Need to coordinate scheduling/promotion with Park &
Recreation Department.
• Eagan Go Bragh Parade - Celebrate Fagan's Irish heritage with a parade of pets and people
on Civic Center Drive and along Pilot Knob and Wescott. Outside entertainment on city
campus grounds (Irish dancera')and) May need parade permit, policing, parking availability.
Details pending.
As you can see, there will be man opportunities to celebrate the city's anniversary and this is just
the beginning. I would be happy to meet with you if necessary to more fully develop these plans.
The committee meets once each month. You or a representative is welcome to attend our
planning meetings at any time. Our next meeting is set for Nov. 18 from 3:30 to 5 p.m. at the
CVB Office, 1474 Yankee Doodle Road. 1 look forward to hearing from you regarding our
requests and working with you to celebrate "Eagan - rooted in the past, branching out into the
future."
Sincerely.
Sue Hegarty, publ rel io director
Eagan Convention & Vi ' rs Bureau
Copy to: Mayor Tom Egan. Joanna Foot, Ken Vraa
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Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
Cai�7.�3�i►YI Cel310 on
The following items referred to as consent items require one (1) motion by the City Council. If the
City Council wishes to discuss any of the items in further detail, those items should be removed
from the Consent Agenda and placed under Old or New Business unless the discussion required is
brief.
A. PERSONNEL ITEMS
Item 1. Part-time Seasonal Supervisor/Civic Arena—
ACTIO` TO BE CONSIDERED:
To approve the hiring of Kris Kraft as a part-time seasonal supervisor at the civic arena.
Item 2. Part-time Seasonal Concession Workers/Civic Arena
ACTION TO BE CONSIDERED:
To approve the hiring of Jessie Luoma and Kristin Rogers as part-time seasonal concession workers
at the civic arena.
Item 3. Clerical Technician 11—
ACTION TO BE CONSIDERED:
To approve the establishment of and advertising for a Clerical Technician II for the Parks &
Recreation Department, civic arena and new aquatic facility.
FACTS:
• With the second sheet of ice now open in the civic arena and the aquatic facility project
proceeding toward an opening of June, 1999, it is the recommendation of the City
Administrator and Director of Parks & Recreation that a new regular position of Clerical
Technician II be established.
■ The position would work for general park and recreation programs 2/5' time, for civic arena
programs 1/5' time and for the aquatic facility 2/5" time.
• It is necessary to advertise now due to the opening of the second sheet of ice and the additional
clerical time necessitated by planning for and preparing for the opening of the aquatic facility.
■ This position is unfunded in the 1998 budget; however, it would be funded from Enterprise
Fund dollars and would be offset through the reduction of temporary/seasonal clerical workers
in the Parks & Recreation Department.
• This position is funded in the 1999 budget.
Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
Item 4. Health Insurance/1999—
ACTION TO BE CONSIDERED:
To approve remaining with the shared coverage of HealthPartners and Medica under the current
plan design for health insurance for City employees for 1999.
FACTS:
• The City of Eagan is required to request proposals for health insurance coverage every five
years. 1998 was the year we needed to do RFP's for health insurance coverage.
• The RFP's were developed by a committee consisting of representatives from all City
departments and bargaining units with the aid of the City's insurance agent.
■ Proposals were received from Blue Cross Blue Shield Minnesota (Southwest/West Central
Service Coop), HealthPartners, the League of Minnesota Cities, LOGIS (Medica), Medica
itself, and the Public Employees Insurance Plan. The above proposals were all for total carrier
replacement, i.e. one carrier has the whole City. Proposals were also received from
HealthPartners and Medica for shared coverage of the City, such as we have now.
• After reviewing the plans' designs and premium costs, it was the unanimous recommendation
of the members of the committee that the City remain with the shared coverage of
HealthPartners and Medica under the current plan design. The reasons for this recommendation
are:
1) Employees would be able to remain with their current physicians;
2) Although total care replacement premiums were slightly lower, not all the plan designs
equaled what we currently have. Also, a trend among insurance companies has been to
bid low to get the entire group and then give a very large premium increase for the
second year;
3) The premium rates for the shared coverages were very realistic given our experience,
were consistent with the actual market and should mean a more realistic premium
increase for the year 2000.
• Committee members presented these recommendations to their employee groups and the
employee groups agreed.
• The new insurance rates represent a 10.5% increase over 1998 rates.
• A comparison to other increases in other organizations reveal that rate increases are averaging
somewhere between 10% and 20%.
Under the current blended rate formula, the premiums for family coverage would increase by a
total of 544.60 per month. Splitting the difference between the employee and the City, the
employee's share and the City's share would each increase by $22.30 per month.
Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
B. `j 1 *Z1 8 NAME CHANGIF OCR RVAI
ACTION TO BE •1 17;71
r To approve a street name change of the east/west segment of "Eagan Woods
Boulevard" (located west of Pilot Knob Road and east of Lost Spur Country Club) to
"Buffet Way" subject to the applicant being responsible for all costs associated with
the name change (i.e. sign replacement etc.).
FACTS:
r The Final Planned Development and Final Subdivision of Eagan Woods Office Park
2nd Addition were approved by Council action on September 14, 1998.
1- The requested street name change is a result of the recent reconfiguration of Eagan
Woods Boulevard (through recent Final Subdivision) and desire of the applicant to
establish a relationship between the OBC Corporate Headquarters site and the street
from which access to it is to be provided.
i No street addresses currently exist along Eagan Woods Boulevard.
ATTACHMENTS: (3)
➢ Area Map, page L
Previous Eagan Woods Drive street configuration, page L.2
D Existing Eagan Woods Drive street configuration, page L3
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Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
ACTION TO BE CONSIDERED:
> To approve a change in the scope of the demolition contract for the homes on
Lawrence and Linde Lanes.
FACTS:
> The City awarded a contract to Hoffbeck Trucking, Inc. to demolish the homes on
Lawrence and Linde Lanes on September 1, 1998. During demolition, the
contractor discovered two buried fuel tanks and buried batteries. The contractor
notified the City when the fuel tanks and batteries were found.
> State law requires removal of fuel tanks upon discovery. The City is also required
to disclose any hazardous materials to Dakota County and ensure proper removal.
> The City authorized the contractor to proceed with the removal of the fuel tanks
and batteries. The costs associated with the fuel tank and battery removal totals
$927.50 which represents about a 3% increase to the total project cost of
$31,040.00. The revised contract totals S 31,967.50.
> At the June 16, 1998 City Council meeting, the City agreed to utilize tax
increment financing proceeds to pay for the costs of asbestos removal and
demolition and removal of existing improvements associated with the homes on
Lawrence and Linde Lanes to facilitate redevelopment of these properties.
ATTACHMENTS:
> Change Order form, pages ; S through
> Invoice from Hoffbeck Trucking, page
city of eagan
CHANGE ORDER #: 2
DATE: November 2, 1998
PROJECT NAME: Lawrence/Linde Home Demolition
PROJECT DESCRIPTION:
Removal of fuel tanks and buried batteries.
CONTRACTOR: Hoffbeck Trucking, Inc.
P.O. Box 474
Lakeville, NIN 55044
As stated in the Technical Specifications for Demolition and Site Clearance, the City was not aware of any
fuel tanks or hazardous materials on the property. If any fuel tanks or hazardous materials were found
during demolition, the contractor µ'as to notify the City and a change order could be negotiated.
The Scope of this demolition project is being revised by this Change Order to reflect the additional costs
associated with removal of the fuel tanks and batteries on the property.
JUSTIFICATION FOR'PFRPOSE OF CHANGE ORDER:
State law requires removal of fuel tanks upon discovery. The City must also disclose any hazardous wastes
found on-site to Dakota County and ensure proper disposal.
See attached invoices.
,410 l0UN 1161 b%
Original Contract:
Change Order:
Subtotal of Previous Change Orders:
This Change Order:
New Subtotal of All Change Orders:
Revise Contract:
1 WWRIQ W 4 31 V
September 1, 1998
October 21, 1998
Percent Increase or Decrease for this Change Order
to Original Contract Amount:
Percent Increase or Decrease for Total of All
Change Orders to Original Contract Amount:
RECONI,NIE,iDED FOR APPROVAL.:
Contractor
By'
City DlpaAment Man I
r
City of Eagan Council Action:
Mayor:
Clerk:
Date:
1 - City
1 - Contractor
1 —Community Development
1 - Fire.Marshal
/t/�
+3%
+3%
Date.
Date (0.4;9 .9%
531,040.00
S 927.50
$ 0.00
$ 927.50
S 927.50
$31,967.50
ioffbeck Trucking, Inc.
:�.0. BOR 474
-akeville, MN 55044
Office: 612-469-2367
Fax 612-469-3171
Bill To
City of Eagan
Attn: Julie Farnham
3830 Pilot Knob Road
Eagan, MN 55122
Invoice
Invoice Number 3189
Invoice Date. Oct 21, 1998
Pape'. 1
Work Location
Customer ID Customer PO! Job Number Payment Terms
i CITYEAGAN __ Due upon receipt Thank you.
l Quantity7BACKHOE
Work Description
Unit Pnce
Total
CHANGE ORDER - HOUSES ON
LINDE 5 LAWERANCE
i 1.00Pump
underground tanks
632.50
632.50
Battery Clean uP
2.00Backhoe
2 hrs
90.00
180.00
1.00
Dozer 1 hr
65.00
65.00
2.00
LABOR
Hand Labor 2 hrs
25.00
50.00
Total Amount Due 927.50
NOTE: We pay sales tax on all materials purchased.
This invoice includes labor charges b material cost reimbursement.
Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
D. RECOMMENDATION, Airport Relations Commission, Additional Remote
Noise Monitor Locations
ACTION TO BE CONSIDERED:
1.) To approve a recommendation by the Airport Relations Commission for the siting of
remote noise monitoring terminals within search areas identified by the Metropolitan
Airports Commission, and 2.) To reiterate the City's support for a noise monitor
location in the Highview Avenue area.
FACTS:
• The City of Eagan has supported the installation of additional remote noise
monitoring terminals since the implementation of the Metropolitan Airports
Commission Automated Noise and Operations Monitoring System approximately six
years ago. One of the features emphasized by the MAC for the system was its
expandability.
• Earlier this year, the MAC concluded a study that acknowledged the need for
additional noise monitors in certain locations off parallel runways and future noise
monitors in the areas that will be affected by the North/South Runway. Two of the
general locations identified for current installations are southeast of the airport. One
is in a search area near Yankee Doodle Road, between Pilot Knob and Lexington
Avenue, and another is near the boundaries of Eagan, Inver Grove Heights, Sun Fish
Lake and Mendota Heights.
■ The method used in the study consisted of an analysis of how closely current flight
tracks pass existing noise monitor locations and to identify sites where flight tracks
passed over the fewest terminals.
• At its meeting of October 19, the Airports Relations Commission recommended that
the noise monitor proposed for the Yankee DoodlCPilot Knob area be placed in
Quarry Park, to be as close as possible to residential populations at the northwest site
of that search area, and that the monitor in the corridor be placed generally near the
middle of that search area near Argenta Trail pending MAC consultation with the
other communities.
• While the MAC concluded that the Highview Avenue neighborhoods were close
enough to be covered by the existing noise monitor at Vilas Lane and Avalon
Avenue, the City has historically supported the need for noise monitors along the
edges of the corridor. The Commission has recommended in the past that a
permanent noise monitor be placed in the Highview area and, if that is not possible,
that a temporary monitor be placed in the neighborhood for a period of two to three
months to compile data comparable with that for other monitors. The residents
present at the October 19 meeting asked that the City reiterate this request.
BACKGROUND:
• Remote monitoring terminal search areas from MAC Noise Monitoring Study on
pages /1— through 0%0
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Agenda Information Memo
November 2, 1998, 1998, Eagan City Council
EF.FINAL PLAT (GOPHER EAGAN INDUSTRIAL PARK 5"' ADDITION) -
INDU'STRIAL EQUITIES. LLP
ACTION TO BE CONSIDERED:
To approve a Final Plat (Gopher Eagan Industrial Park 5" Addition) consisting of one lot
east of Hwy. 149 and south of Yankee Doodle Road in the SE'/. of Section 12 and NE '/4 of
Section 13, subject to the vacation of adjacent right-of-way for Kutoff Drive and Yankee
Doodle Court.
FACTS:
Gopher Eagan Industrial Park 5' Addition is a replat which combines several parcels and
adjacent right-of-way into one lot. The site is currently vacant. The applicant has petitioned
the City for vacation of the adjacent rights-of-way for Kutoff Drive and Yankee Doodle
Court, which are included in the plat.
ATTACHMENTS:
Final Plat and Location Map, pagesZ through J3
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Gopher Eagan Industrial Park 5th Addition
Application:
Final Plat
Case No.:
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Agenda Information Memo
November 2, 1998
�K�)►r �:SCK KFKC7�Yl �YK�� � r:Y•Z�) �71►\►1 t7.
ACTION TO BE CONSIDERED: Approve Change Order No. 2 to Contract 98-16 (Wescott
Woodlands — Street and Utility Improvements) and authorize the Mayor and City Clerk to
execute all related documents.
FACTS:
• Contract 98-16 provided for the street construction and the installation of the sanitary sewer,
water main, and storm sewer on Wescott Woodlands, south of Yankee Doodle Road.
• The revisions detailed in the change order address the addition of Schedule No. I 1 of the
original bid proposal back into the contract. The contract had been awarded without this
portion of the original bid package due to the City not having access to the Carriage Hills
Golf Course at the time of award.
• Carriage Hills Golf Course has authorized a right -of -entry agreement with the City and its
contractor for the construction of the water main. The City is pursuing the permanent
easement with the property owners and has initiated the condemnation process, if needed.
• Schedule No. 11 included the construction of the trunk water main across the golf course.
The cost of the work is based upon the original bid prices for Schedule No. 11.
• This change order has been reviewed by the Engineering Division and found to be in order
for favorable Council action.
• The change order provides for an additional cost of $58,192.55 (10.47% of original contract).
The associated cost will be the responsibility of assessments and the Water Trunk Fund.
ATTACHMENTS:
Change Order No. 2, pages t through _;27.
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CITY OF LAGAN
CONTRACT #: 98-16
PROJECT #: 742
CHANGE ORDER #:
DATE: October 21, 1998
PROJECT NAME: Wescott Woodlands Street and Utility Improvements
PROJECT DESCRIPTION:
Street and Utility Improvements including
Concrete curb and gutter, bituminous pavement, watermain, sanitary sewer, and storm sewer
CONTRACTOR: S.M. Hentaes & Sons, Inc.
PO Box 69
Jordan, MN 55352-0069
DESCRIPTION OF CHANGE ORDER WORK:
ENGINEER: Howard R. Green Company
1326 Energy Park Drive
St. Paul, MN 55108
Adding Schedule No. 11 — Golf Course Watermain — back into Contract 98-16, which was
previously not awarded due to unsigned agreements with the Owners of the Golf Course
property
JUSTIFICATION FORIPURPOSE OF CHANGE ORDER:
Executed agreements for the construction of a watermain through the Golf Course property
DESCRIPTION OF WORK ITEMS:
See attached schedule
0 �Proj1803640J\Change0raer02 CX 5/
ITEM
NO.
I
3
4
5
6
8
9
It
11
CHANGE ORDER NO. 2 FOR: WFSCOTT WOODLANDS (8036411,
CTiY OF EAGAN, MriNT-SOTA
SCNFOULF 11.9 WATERMAIN GOLF nUR%F
GRANULAR FOUNDATION MATERIAL
CONNECT TO EXISTING WATERMAIN
HYDRANT WITH 6' GATEVALVE
16' BUTTERFLY VALVE
B' GATEVALVE
8' DIP WATERMAIN, CLASS 52
16' DIP WATERMAIN, CLASS 50
FITTINGS
6' DIP WATERMAIN, CLASS 52
EMT QTY• UNIT PNCE TOTAL Mcit
TON
100.00
0.01
1.00
EA
1.00
400.00
400.00
EA
4.00
1.899.00
7,396.00
EA
1.00
1,583.00
1,583.00
EA
1.00
734.00
734.00
LF
130.00
15.50
2,015.00
LF
1,51300
27.00
40,851.00
LBS
2,88000
1.52
4,377.60
LF
42.50
14.94
634.95
SCHEDULE 11.0 WATERMAIN • GOLF COURSE — TOTAL
CHANGE ORDER Y0. 2 — TOTAL
n:'cIcncal'.80364000r xis
58,172.55
$58,192.55
CITY OF CAGAP
CONTRACT STATUS
TIME/COMPLETION DATE
Original Contract: July 1 1999
Change Order: July 1 1999
Subtotal of Previous Change Orders:
This Change Order:
New Subtotal of All Change Orders:
Revise Contract:
Percent Increase or Decrease for this Change Order
to Original Contract Amount: +10.47%
Percent Increase or Decrease for Total of All
Change Orders to Original Contract Amount: +12.52%
RECOMMENDED FOR APPROVAL
By: 1`1K Kaa Date: 10 23 9e) By: VI— 74A�
Project Mana Contractor
By: tL'" n k:4Date: io-Z9-96
City Department Man er
City of Eagan Council Action:
Mayor:
Clerk:
Date:
DISTRIBUTION
1 — City
2 — Contractor
1 — Engineer
0 Pro=3640J�Changeorderr2
AMOUNT
$555.677.44
$ 58,192 55
$ 11,351 60
$ 58.192 55
$ 69.544.15
$625.221.59
Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
,I PRI Tli6jg 11111
Is V IN I awe 3111310 1311:111 Ire,
ACTION TO BE CONSIDERED: To receive the petition to vacate a drainage and
utility easement within Lot 1, Block 2, Kingswood Ponds 2nd Addition and schedule a
public hearing to be held on November 30, 1998.
FACTS:
• City staff has received a petition to vacate a drainage and utility easement from Metro
Land Surveying, representing the interest of the property owner and a prospective
buyer of Lot 1, Block 2, Kingswood Ponds 2' Addition.
• It is suggested that the easement is excessive and may have been dedicated in error.
• The Engineering Division, in addition to other interested departments and agencies,
will review the effect of the vacation to insure there will be no negative impacts from
the action.
• The purpose of the vacation is to create a better and more acceptable building area for
the prospective buyer.
ATTACHMENTS- �q
• Location map, page s� L
• Legal description, graphic, page 3-6.
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SKETCH AND DESCRIPTION
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UTILITY AND �`-_--
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LAO �s PROPOSED VACATION of DRAINAGE
AND UTILITY EASEMENT:
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L � � � Q '��, � ,o6•0yo ;� Over that part of Lot i, Block 2
3 ep0 KINGSWOOD PONDS SECOND
ADDITION, lying northerly and
UM R' Zp9 9a 2• a easterly of o line described as
�� 2r commencing at the southeoster!y
corner of sold Lot 1, Block 2;
thence South 66 degrees 14
minutes 56 seconds West, assumed
bearing along the southerly line of
said Lot 1, a distance of 36.51
feet; thence North 07 degrees 44
minutes 10 seconds West 109.94
feet; thence North 53 degrees 56
minutes 57 seconds West 55.55
feet to the point of beginning of
the tine to be described; thence
North 53 degrees 56 minutes 57
seconds West 21.63 feet; thence
North 13 degrees 40 minutes 22
seconds East 51.39 feet to the
north line of said Lot 1 and there
terminating.
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I hereby certify that this survey, plan or report was prepared
by me or under my direct supervision and that I am a duly
licensed surveyor under the low f the store of Minnesota.
Dote s ay of ���998
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By: Surveyor, Minnesota License No. 17765
SE CORNER OF LOT 1,
BLK 2, KINGSWOOD
PONDS SECOND ADD17CN
METRO LAND SURVEYING
& ENGINEERING
332 CCUVTY RD. D• LITTLE CANADA, A4V 55r
PNQNE 165D 766-0f2 FAX, (65D 766.0612
EMAIL: survey ® metrols.cam
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Agenda Information Memo
November 2, 1998
ACTION TO BE CONSIDERED: To receive the petition to vacate First Street rights-of-way,
and schedule a public hearing to be held on November 30, 1998.
FACTS:
• City staff has requested vacation of First Street rights-of-way north of Kenneth Street and
South of Keefe Street.
• These rights-of-way were originally dedicated with reduced widths as a part of McKee
Addition and McKee 3rd Additions.
• The rights-of—way are not depended upon for access to any properties and would therefore
not create landlocked parcels.
• The purpose of the vacations is to eliminate unnecessary and excess rights-of-way and the
associated maintenance liabilities.
ATTACHMENTS:
• Location map, page 3c
• Legal description graphic, page 33
I
PROPOSED VACATI
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9001 E. Bloomington Freeway (35W)
Bloomington, MN 55420
(612) 881-2455
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That part of First Street as dedicated
in the plat of McKEE 3RD ADDITION,
Dakota County, Minnesota, lying
between the easterly extensions of the
north and south lines of Lot I, Block
2, said McKEE 3RD ADDITION.
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We hereby certify that this sketch, plan or report was
prepared by me or under my instruction and that I am
a duly Registered Land Surveyor under the laws of the
State of Minnesota.
Dated this 25th day of September, 1998
(25)8Y'VNDE L/AND SURVEYIN -INC. ------------
98-204 r.Z7 R..ZJ SZ SvT 9810400/.dwg Edward H. Sunde, R.L.S. Minn. Reg. No. 8612
Agenda Information Memo
November 2, 1998
ACTION TO BE CONSIDERED: To receive the petition and authorize the preparation of a
feasibility report for Project 765 (Robin Lane — Sidewalk Improvements).
• On October 19, 1998, the city received signatures representing 41 properties in the
Blackhawk Forest area requesting the installation of a sidewalk along the west side of Robin
Lane.
• Robin Lane intersects Blackhawk Road on the east side of Highway 13 and again just north
of Silver Bell Road.
• Due to the significant number of signatures on the petition, it would be appropriate for the
City Council to authorize the preparation of a Feasibility Report to determine the scope, cost,
schedule, and method of financing the construction of this sidewalk.
ATTACHMENTS:
• Location map, page 3.S .
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Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
FOOTING AND FOUNDATION PERMIT REQUEST — STRINGER
BUSINESS SYSTEMS (LOT 1, BLOCK 3, GRAND OAK TWO)
ACTION TO BE CONSIDERED:
> To approve or deny a footing and foundation permit for the Shenehon Company
(for Stringer Business Systems) on Lot 1, Block 3, Grand Oak Two prior to Final
Subdivision approval.
FACTS:
> The City Council approved a preliminary subdivision for Grand Oak Two
consisting of 5 lots and 5 outlots at their regular meeting on October 20, 1998.
> Shenehon Company is in the process of purchasing Lot 1, Block 3, Grand Oak
Two to accommodate construction of a 26,786 s.f. office/warehouse for the
corporate offices of Stringer Business Systems. The building is proposed to
consist of 62% office and 38% warehouse and is consistent with the Business
Park zoning and land use designations.
> The proposed site plan indicates the building location exceeds all setback
requirements and meets all other code requirements for parking and building
coverage.
> According to the applicant, Stringer Business Systems must move into their new
facility by the end of July 1999. The early foundation permit will allow pouring
of the foundation this fall and building construction next spring. That
construction schedule would ensure the building is ready for occupancy by July
1999.
ATTACHMENTS: n
> Letter from Shenehon Company, pages / through
> Proposed site plan for Stringer Business Systems, page,
WE
SL101ILL
HENEHON
COMPANY
Robert J. Strachota MAI rvtn a It N\/.. Sut snos.
Denise M. O'Leary
Shenehon Company
219 South Fourth Street
Minneapolis, MN 55401
October 20. 1998
Nis. Julie Farnham
City Planner, City of Eagan
3830 Pilot Knob Road
Eagan, MN 551'12
Dear Julie:
Pursuant to our conversation of Monday. October 19, 1998, we are making a formal request to be
on the agenda for the November 2, 1998 City Council Meeting. We are in need of an early
foundation permit for Lot 1 Block 3 of the Grand Oak Business Park. We need an early
foundation because our tenant, Stringer Business Systems, has been able to negotiate an extension
on their current lease only through July of 1999. The original plans with Wispark called for
construction to begin in September of 1998. Due to platting changes, Wispark has been unable to
deliver title to this land parcel. We expect to have title by November 1, 1998.
If we can get the foundation in the fall, we will be on target to put up the structure in the spring
and avoid winter construction problems.
We understand that you need the following items, which will arrive by Monday, October 26.
1998:
a) One large site plan showing setbacks, roads, parking areas, and building footprint.
b) One 8 1/2" x l l" site plan for the exhibit.
c) Description of warehouse size and office size.
3�
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E ttu,l. sulurtstrneMxt.utn
2 14 wroth FFanth Street, suite 41N1, M Inch.,.,
%Imn"Ki i5411 611.113.6i 13 Fw 613 t44-1633
Ms. Julie Farnham
October 20, 1998
Page 2
Thank you for your help in this matter.
D. M. O'Leary
cc: Mark Murphy
James Chick
John Stringer
Dave Busch
Greg Miller
Dale Schoeppner
G \STAINGEP',[1 Owg Mon O:t 26 12 46 57 1998
�!
. 11611111
Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
K- RECOMMENDATION, BURNSVILLEXAGAN
TELECOMMUNICATION'S COMMISSION, COMPETITIVE
FRANCHISING APPLICATION AND REVIEW PROCESS
ACTION TO BE CONSIDERED:
To adopt the "Policies and Procedures Governing Application, Review and
Recommendations Regarding Grant of Competitive Cable Franchises."
FACTS:
• Based on staffs contact early this year by an attorney representing a party
investigating the possibility of obtaining a second cable franchise in the Member
Cities, staff determined that the Member Cities do not have a formal process for
receiving, reviewing and awarding a competitive franchise. As a result, the
Telecommunications Commission directed legal counsel to prepare a policy providing
a process that both Member Cities, the Commission and any franchise competitor
would follow.
• The Commission and staff reviewed the proposed policy at both its September and
October meetings. At the Commission's October 22 meeting, the Commission took
official action to recommend that the Member Cities adopt the attached "Policies and
Procedures Governing Application, Review and Recommendations Regarding Grant
of Competitive Cable Franchises" document.
ISSUES:
• While the original competitive contact has not resulted in any further interests, to
date, the likelihood of competition is real. While the Member Cities encourage
competition, it is assumed that the Member Cities wish to ensure minimal fiscal and
administrative impact on the Member Cities. The adoption of the "competitive
franchising polices" is a proactive measure that covers four key areas.
Scope of authority - The only cable television franchising process the
Member Cities have conducted was the initial RFP/franchising process in
1982-83. The joint cable commission was created at that time to assist the
Member Cities with reducing the administrative burden/expenses, to
streamline the process and to provide shared administrative oversight of
the awarded franchise. This same goal is anticipated.
W
Potential litigation - Where cities have entertained a competitive
franchise, litigation by the incumbent has happened in many
circumstances. This policy attempts to reduce any litigious actions by
incumbent and/or competitor.
Fees and administrative costs - The application and review process can be
very expensive. To use the incumbent's existing franchise fees could
create legal objections from the incumbent. The policies provides the
mechanism for recovery of such application, review and negotiations
expense.
The statutory process - The policies provide a formal application
procedure that standardizes and incorporates the State's statutory process
and makes appropriate modifications for competitive franchising.
ATTACHMENTS:
Policies and procedures document enclosed on pages _l-- through �
Z/ /
•wVl A.. S(RMICR'
THOMAS 0. CRt10NTON
SCOTT A. LIISON
OAYIO «. NIOMTINOAL(I
.AVL J. OUAST'
ROS(RY J, v. YOt(
WILLIAM S. IOgSCRO'
BERNICK AND LIFSON
A .ROICSSIO.AL wss OCIATIOM
ATTORNEYS AT LAW
SVIT( 1200. TMC COLONNAO[
IAL[O AO�IIT,(O IN WI[COM[IN
410 C[wTln[O hSUG ACCOVNUNT
1400 WAY 2AT^ SOULCVARO
'4[O AOMnT[O -N ILOMIOA
MINNEAPOLIS, MINNESOTA 65416-4270
TtLK..ONt I612I 1.0-1200
IACDIMIL[ (012) 646-6002
October 2, 1998
LcawL Au1tuN+
M/1TNRTN O. Mwt T[RMAH
BURNSVILLE-EAGAN TELECOMMUNICATIONS COMMISSION
POLICIES AND PROCEDURES
GOVERNING APPLICATION, REVIEW AND RECOMMENDATIONS
REGARDING GRANT OF COMPETITIVE CABLE FRANCHISES
Preamble
The Burnsville -Eagan Telecommunications Commission is a municipal joint powers
consortium organized pursuant to Minn. Stat. § 471.59 and comprised of the Cities of Burnsville and
Eagan. Minnesota. The Commission was formed by agreement of the Member Cities. The purpose
for creating the Commission was to allow for efficient and coordinated administration and
enforcement of the cable Franchises of the Member Cities and to coordinate cable -related matters
for the benefit of the Member Cities and subscribers.
The agreement of the Member Cities is embodied in the Joint and Cooperative Agreement
Establishing a Commission for the Administration of Cable Communications System, as amended,
which defines the authority, powers. duties and obligations of the Commission. The Commission
has generally been delegated the authority to undertake all tasks necessary to coordinate, administer.
and enforce the Franchises of the Member Cities. Further, the Commission may exercise any other
power necessan, and incidental to the implementation of its fundamental tasks. and may conduct
such research and investigation and take such action as it deems necessary on any matter related to
or affecting cable communications. While the Member Cities have retained final authority to grant
Franchises to cable providers, they have delegated fundamentally all other authority regarding such
Franchises to the Commission.
The Commission was organized prior to grant of the current Franchises by the Member
Cities. The Commission reviewed proposals for and helped coordinate the grant of uniform
Franchises by the Member Cities. Subsequently, the Commission has undertaken tasks necessary
for renewal of the Franchises including consideration of the telecommunications needs and interests
of the community and initial negotiation of the terms of uniform Franchises to -be presented to the
Member Cities for consideration.
Modern telecommunications policy, law and regulations encourage the emergence of
competition in all telecommunications markets. Increased competition in the provision of all
telecommunications services is expected, including in the provision of cable television service. The
emergence of such competition could increase the quality and availability of enhanced
telecommunications services via cable systems, encourage lower rates, encourage better customer
service. and generally benefit consumers. Policies and procedures regarding application for and
review of applications for competitive cable Franchises will streamline the processing of requests
to provide such competitive telecommunications services.
In view of the foregoing, the Commission has formulated policies and procedures for
application and review of applications for competitive Franchises within the Member Cities.
Pursuant to these policies and procedures the Commission has delineated the information which
must be provided in an application fora competitive Franchise. detailed a process for review of such
application and negotiation of the terms of the Franchise agreement, and provided for the
presentation of a formal recommendation regarding the grant of such Franchise(s) to the Member
Cities. All of these functions are within the current authority delegated to the Commission in the
Joint Powers Agreement.
Section 1. Definitions
"Applicant" shall mean a Cable Company that files an Application with the Commission
"Application" shall mean the information, documentation, and data, of the form and substance
required herein, filed by a Cable Company with the Commission requesting the Commission's
consideration and recommendation to the Member Cities regarding grant of competitive Franchise.
"Application Fee" shall mean a fee which is intended to cover all costs incurred by the Commission
and its Member Cities related to processing Applications up to and including the grant of Franchise
(if any) including, but not limited to, staff and attorney's time in reviewing and considering an
Application and related information, negotiating the terms and conditions of Franchises, and
preparing recommendations, Franchises and other documentation related to such Application.
"Cable Company" shall mean any person owning, controlling, operating, managing or leasing a
Cable System within the state or any person seeking a /Franchise or authorization to do so.
"Cable Svstem" means a system which operates the service of receiving and amplifying video
programs and distributing those programs by wire, cable, microwave or other means, whether the
means are owned or leased, to persons who subscribe to the service. This definition shall include
open video systems and all other similar systems regardless of ownership and control, to the extent
permitted by law. This definition does not include:
(a) a system which serves fewer than 50 subscribers;
(b) a master antenna television system;
(c) a system which does not use the public rights-of-way for the construction of its
I
Ll3
physical plant: and
(d) a translator system which receives and rebroadcasts only over -the -air signals.
"Commission" shall mean the Bumsvi I le -Eagan Telecommunications Commission, a municipal joint
powers consortium, and its lawful successors or assigns.
"Franchise" shall mean any authorization granted by a Member City in the form of a Franchise,
privilege, permit, license orother municipal authorization to construct. operate, maintain, or manage
a Cable System.
"Member Cities" shall mean the cities of Burnsville and Eagan. Minnesota and such other
municipalities which may lawfully join the Commission.
"Policies and Procedures" shall mean these policies and procedures governing the Commission's
processing of Applications for Franchises.
Section 2. Applicability of Policies and Procedures
These Policies and Procedures apply to every Cable System and every Cable Company.
including a Cable Company which constructs. operates and maintains a Cable System in whole or
in part through facilities owned or operated by another provider, that seeks to operate within the
territorial limits of either or both of the Member Cities.
Authority: Minn. Stat. Sec. 238.03
Section 3. Franchise requirement
Subd. 1. In accordance with state and federal law, each Member City shall require a
Franchise of any Cable System providing service within the municipality.
Subd. 2. Nothing in these Policies and Procedures shall be construed to limit any of the
Member Cities from the right to construct, purchase, and operate a Cable System or otherwise
provide any telecommunications services either for internal municipal purposes or for sale to the
public. Any municipal system shall be subject to this Franchise requirement to the same extent as
would any nonpublic Cable System.
Subd. 3. Franchises for Cable Systems shall be reasonably uniform to permit efficient
administration and enforcement by the Commission.
Authority: Minn. Stat. Sec. 238.08
Section 4. Application for Franchise
Subd I . Franchising of Cable Systems and Cable Companies by the Member Cities shall
comply with Minnesota Statutes, Chapter 238 and other applicable state and federal laws. Nothing
in these Policies and Procedures shall be deemed to alter or limit the requirements of such laws.
Subd.2. Review of Applications. Applications for competitive Franchises shall contain such
information as is required below in these Policies and Procedures and shall be submitted to the
Commission. Review by the Commission of any Applications pursuant to these Policies and
Procedures and final determination by the Commission regarding a recommendation whether to
Franchise such Applicant(s) may be based on any relevant and reasonable factors.
Subd. 3. Public Hearing on Applications. A public hearing before the Commission affording
reasonable notice and a reasonable opportunity to be heard with respect to an Application shall be
scheduled and held within 120 days of receipt of an Application. This public hearing shall not
replace any public hearing required by law prior to adoption of individual Franchises by the Member
Cities. The incumbent Cable Company shall be given notice of such hearing in writing and shall be
permitted to participate.
Subd. 4. Negotiation of Franchise Terms. During the period of up to 120 days prior to the
public hearing on the Application, the Commission and Applicant may negotiate specific Franchise
terms and conditions for recommendation and presentation to the Member Cities. In addition, during
this period the Commission shall review the Application and may request such additional
information which Commission deems necessary to make final recommendations to the Member
Cities.
Subd. 5. Determinations. Determinations by the Commission regarding the qualifications
of Applicant(s) and recommendations to the Member Cities regarding grant of Franchises shall be
made based on information provided by the Applicant as required herein and such other information
which Commission deems relevant in its sole discretion. The Commission mav, in its sole
discretion, consider information developed during any negotiations with the Applicant during the
120 review period and any information or evidence adduced by the incumbent Cable Company.
Within 60 days after such public hearing the Commission shall issue written recommendations to
the Member Cities regarding such Application. These recommendations may include a uniform
Franchise document for adoption by the Member Cities.
Subd. 6. Award of Franchise. Franchises may be awarded only by ordinances issued by the
Member Cities.
Subd. 7. Costs of Reviewing Application and Issuing Franchise. The Applicant shall pay
the Application Fee required below. The Application Fee is required for the purpose of
reimbursement of the Commission and Member Cities for all costs associated with processing
Applications pursuant to these Policies and Procedures. In the event the Commission recommends
0
denial or non -issuance of Franchises by the Member Cities, any portion of the Application Fee which
remains after payment of all Commission and Member Cities' costs will be reimbursed to the
Applicant. In the event Commission recommends approval or issuance of Franchises by the Member
Cities, Commission shall retain the full amount of the Application Fee. Should the Application Fee
not cover the expenses of the Commission or the Member Cities, those unreimbursed expenses shall
be reimbursed prior to any consideration of the Franchise by a Member City. A successful Applicant
shall be fully responsible to reimburse the Commission and the Member Cities for all costs of
awarding the Franchise.
Subd. 8. Franchising nonprofit or municipally -owned system. Nothing contained in this
section prohibits a Member City from franchising a nonprofit or municipally -owned system. The
municipality or nonprofit entity may be considered an Applicant subject to these Policies and
Procedures in the event service will be provided outside of a single Member City.
Authority: Minn. Stat. § 238.081
[Note: Minn. Stat. § 238.081, Subd. 10, specifically authorizes municipalities to delegate all
of the above rights and responsibilities to a joint powers consortium such as the Commission. The
Joint Powers Agreement could be amended to better clarify this delegation. Delegation of this
authority is currently implied but not explicit in the Agreement.]
Section 5. Information Required in Application.
An Application for a competitive Franchise must be signed by an authorized officer or
principle of the Cable Company and be notarized and must include at least the following:
(1) the name of the municipality(ies) in which the Applicant seeks to construct a Cable
System and provide services;
(2) the name, address, and telephone number of the individuals who may be contacted for .
further information.
(3) plans for channel capacity and overall system capacity, including both the total number
of channels capable of being energized in the system and the number of channels to be
energized immediately;
(4) a statement of the television and radio signals for which permission to carry will be
requested from the Federal Communications Commission. or any other required regulatory
agency;
(5) a description of the proposed system design and planned operation, including at least the
following items:
(i) the general area for location of antennae and the head end, or description of
programming delivery plan if otherwise;
(ii) the schedule for activating two-way capacity and any other system capacity to be
activated in conjunction with the Cable System;
(iii) the type of automated services to be provided:
(iv) the minimum number of video channels, other Cable Services, and other kinds
5
KOV
of services to be made available to residents;
(v) the number of channels and services to be made available for community/access
programming; and
(vi) a plan for funding of facilities and staff for community/access programming
and/or a plan for interconnection and provision of such programming in cooperation
with the incumbent Cable Company;
(6) plans for the provision of Institutional Network capacity and services or other "in-kind"
services and the terms, conditions and technical standards under which particular service is
to be provided to governmental, educational, and other institutional entities;
(7) a list of all institutions receiving Institutional Network service.
(8) a schedule of proposed rates in relation to the services to be provided, and a proposed
policy regarding unusual or difficult connection of services;
(9) a time schedule for construction of the entire system with the time sequence for wiring
the various parts of the area requested to be served in the request for proposals;
(10) the applicant's qualifications and experience in the cable communications field, if any;
(11) an identification of the municipalities in which the applicant either owns or operates a
Cable System, directly or indirectly, or has outstanding Franchises for which no system has
been built;
(12) detailed plans for financing of the proposed system, which must indicate every
significant anticipated source ofcapital and significant limitations or conditions with respect
to the availability of the indicated sources of capital;
(13) a statement of ownership detailing the corporate organization or other structuring of the
applicant including the names and addresses of officers and directors and the number of
shares held by each officer or director, and intracompany relationship including a parent,
subsidiary or affiliated company;
(14) a statement of a form and substance acceptable to Commission indemnifying
Commission and its Member Cities fully against any claims or liabilities alleged as the result
of Commission's exercise of these Policies and Procedures including any such claims or
liabilities alleged or asserted by the incumbent Cable Company;
(15) an agreement to pay the Member Cities a Franchise fee in the same percentage of gross
revenues as the incumbent providers with "gross revenues" defined the same or similar to
that in the incumbent's Franchise;
(16) a notation and explanation of omissions or other variations with respect to the
requirements of the Application; and
(17) submission of an initial Application Fee in the amount of $50,000.00.
Authority: Minn. Stat. Sec. 238.081, Subd. 2 and 4.
Section 6. Negotiation of Franchise Terms and Conditions.
Subd. 1. The Commission shall not negotiate and recommend to the Member Cities an
additional Franchise for Cable Service for an area included in an existing Franchise on terms and
conditions more favorable or less burdensome than those in the existing Franchise pertaining to: (1)
the area served, (2) public, educational, or governmental access requirements; or (3) Franchise fees.
The provisions of this paragraph shall not apply when the area in which the additional Franchise is
being sought is not actually being served by any existing Cable Company holding a Franchise for
the area. However, nothing in this paragraph prevents Commission from recommending or the
Member Cities from imposing additional terms and conditions on any additional Franchises.
Subd. 2. Nothing in these Policies and Procedures shall be construed to limit the power of
any Member City to impose upon any Cable Company any legally permissible fee, tax or charge.
Authority: Minn. Stat. § 238.08.
Section 7. Proprietary Information
Any, proprietary, confidential or privileged information submitted by an Applicant, or
possessed by the Commission or the Member Cities regarding the incumbent Cable Company, shall
upon written request be kept confidential to the extent permissible by law.
U able BURNS V ❑.c=P f�hismg memo -3 .pd
Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
L. ADOPTION OF 1999 BURNSVILLE/EAGAN COMMUNITY
TELEVISION BUDGET
ACTION TO BE CONSIDERED:
To approve the 1999 Burnsville/Eagan Community Television Budget.
FACTS:
The 1999 Bumsvillc Eagan Community Television's (BELT) budget is comprised using
100% of the PEG access fee. No franchise fees or general revenues arc used. The PEG fee
can only be used to support BELT operations. Based on the proposed BECT budget (see
attached), as submitted to the Telecommunications Commission for informative purposes,
the Commission approved at its October meeting the 1999 PEG fee at 5115 per subscriber
per month. This is an increase of S.I 5 over 1998, which is S.05 less than projected during
the PEG access transfer discussions. It is anticipated that the projected 1999 PEG fee
revenues will cover the proposed 1999 BELT budget.
In 1992, the Member Cities appointed the Commission as the cable rate regulatory body for
the Member Cities in all matters pertaining to the Basic Service tier, which includes the PEG
fee. This was reinforced with the recent adoption of the revised Joint Powers Agreement.
The 1999 proposed BECT budget is primarily an inflationary budget with few substantial
changes. Those changes are: 1) the addition of a seventh full-time BECT staff person: 2)
the purchase of computer equipment to accomplish assimilation into the City of Burnsville's
computer network system, which also allows for communication with the City of Eagan and;
3) the replacement of the wom carpet and furniture with new carpet, work stations and a
office lighting upgrade.
ISSUES:
As the 1998 BELT budget was the first budget developed as a city operation, and as there are
only several months of actual operation under this budget, it is difficult to draw conclusions
for developing the 1999 budget. As such, staff used the historic activities of the cable
company's access operations combined with BECT's current and anticipated activities.
The addition of the seventh staff person is not predicated so much on any new demands of
the operations, but more on what should have been done several years ago. The current
staffing number of six had been set as a result of the original franchise requirement
determined in 1983. It had been staffs intent to negotiate an increase in staffing within the
franchise renewal process. At a minimum, one additional staff could relieve Manager
Hotchkiss and other staff' from having to do many of the clerical responsibilities and allow
more time to do production, including facilitation of more volunteer productions. This is an
efficient and cost effective approach to the management of the operations. The addition of
the new monthly program "Community Journal" has also effected staffs ability to handle
the increase in volunteer and city programming activities. As such, Coordinator Reardon
and Manager Hotchkiss recommend the addition of the seventh staff person.
The replacement of the carpet, office arrangements and lighting will provide the facility
with a more "professional" working atmosphere and provide cost savings through
energy efficiency.
ATTACHMENTS:
• Bumsville/Eagan Community Television Budget enclosed on page 2 .
�O
1999 BECT Proposed Budget
Budget line Item 98 Budget 99 Budget
Employee Expenses
FTE's
197,536
237,536
Part-time
2,000
5,000
Overtime
3.000
5,000
202,536
247,536
Current Expenses
Office Rent
39,340
42,408
Property Tax
13,295
11,495
Water & Sewer (included in utilities)
Insurance
-
9,000
Utilities
9,000
9.000
Cleaning & Hauling
7,200
7,200
Common Area Maintenance
5,004
7,000
Tuition and Training
1,000
3.500
Travel
1,000
1,000
Vehicle Expense
5,000
5,000
Equip Repair/Production & Equip Supplies
6,000
10,000
Office Material / Supplies
3,500
4,000
News Program Production Expense
12,000
5,000
Dues & Subscriptions
100
100
Postage
500
1,500
Telephone
2,500
2,500
105,439
118,703
Capital Outlay
Production equipment, computer, Furniture
103,820
106.000
Total
Projected Revenue
S/
411,795
411.795
472,239
480.000
Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
i1U:3Plei ,10 "m 7IiZ
ACTION TO BE CONSIDERED:
To close the public hearing and approve or deny certification of delinquent utility
accounts to Dakota County for collection with property taxes.
FACTS:
The City currently has approximately 241 utility bill accounts with delinquent
payments. The assessable amount of these accounts is 540,664.80. These items are
in order for certification to the County.
ATTACHMENTS:
• Delinquent account list attached on pages S through�.
REPORT SORTED BY ACCOUNT NUMBER
ACCOUNT -NUMB
------------------------------------------------------------------------------------------------
PID
ANT -OPEN
ACCOUNT -STATUS
ASSESS -ANT
1010140004
101670307007
198.08
AC
223.08
1010510404
101670310008
17.84
AC
42.84
1030330304
101670106005
112.23
AC
137.23
1030900303
101670110002
79.84
AC
104.84
1040290703
101670125001
220.10
AC
245.10
1040450702
101670109001
249.90
AC
274.90
1040770802
101670331001
140.23
AC
165.23
1050070003
108460007005
76.11
AC
101.11
1051120204
108460005002
176.51
AC
201.51
1060110202
103230011000
109.90
AC
134.90
1060650701
102488021005
184.13
AC
209.13
1060710901
102488004006
86.24
AC
111.24
1061120002
102488011003
229.95
AC
254.95
1070120904
108435103001
124.97
AC
149.97
1080250203
108435018002
184.31
AC
209.31
1080360902
108435007002
114.34
AC
139.34
1090050401
108435406001
422.13
AC
447.13
1090070201
108435408001
190.35
AC
215.35
1090510702
108435417003
150.21
AC
175.21
1090580002
108435406005
293.41
AC
318.41
1091050304
108425020001
296.58
AC
321.58
1091290506
108425015003
133.28
AC
158.28
1100130205
108460108007
87.67
AC
112.67
1101060006
108460204004
104.51
AC
129.51
1101150906
108460204005
109.90
AC
134.90
1110090602
108460233003
71.11
AC
96.11
1110550906
108460230002
174.80
AC
199.80
S3
REPORT SORTED BY ACCOUNT NUMBER
ACCOUNT -NUMB
---------------------------------------------------------------------------------•--------------
PID
AMT -OPEN
ACCOUNT -STATUS
ASSESS -AMT
1110630907
108460224002
49.45
AC
74.45
1111420406
108460203001
107.30
AC
132.30
1120170402
106440006005
291.62
AC
316.62
1120400501
106440005001
5.06
AC
30.06
1140500803
108435518003
111.86
AC
136.86
1151070802
101480045001
79.63
AC
104.63
1162261002
107120007001
209.57
AC
234.57
1162270101
107120003002
222.16
AC
247.16
1170590202
104805007002
135.29
AC
160.29
1171340102
104805010101
214.60
AC
239.60
1171521605
104805004204
206.09
AC
231.09
1172100805
107297518002
226.20
AC
251.20
1174370502
107297703201
181.05
AC
206.05
1181630301
101350017006
214.37
AC
239.37
1181690703
101350011006
96.26
AC
121.26
1190130301
101500309001
205.35
AC
230.35
1190160002
101500312001
136.85
AC
161.85
1200730802
108195016001
217.65
AC
242.65
1200930403
108195005002
300.59
AC
325.59
1211080506
101715316001
231.24
AC
256.24
1212180201
108355001004
148.88
AC
173.88
1212240402
108355001005
94.07
AC
119.07
1213030803
106760005002
216.57
AC
241.57
1221370805
105210016005
118.34
AC
143.34
1221570305
105210018002
169.97
AC
194.97
1222250103
105210010005
113.05
AC
138.05
1222800302
105210003006
256.66
AC
281.66
Sf'
REPORT SORTED BY ACCOUNT NUMBER
ACCOUNT -NUMB
------------------------------------------------------------------------------------------------
PID
AMT -OPEN
ACCOUNT -STATUS
ASSESS -AMT
1223380503
107298802004
242.26
AC
267.26
1224720102
107299604001
158.91
AC
183.91
1226260602
102580101004
145.85
AC
170.85
1230330103
103980101009
51.68
AC
76.68
1230790601
103980018002
82.96
AC
107.96
1230930804
103980102001
34.66
AC
59.66
1231130403
103980202006
120.34
AC
145.34
1231170003
103980202007
133.51
AC
158.51
1231760803
103980302009
157.50
AC
182.50
1242070901
105210107001
168.95
AC
193.95
1246200802
104509010002
116.90
AC
141.90
1250500406
107595003003
94.85
AC
119.85
1251570602
107595117001
165.27
AC
190.27
1260120904
101660001201
122.33
AC
147.33
1260440103
101660105003
292.96
AC
317.96
1260830306
101660204001
61.30
AC
86.30
1260920205
101660212102
164.46
AC
189.46
1261610808
101740019800
50.93
AC
75.93
1262310401
101740008201
112.56
AC
137.56
1262480503
101740221102
80.30
AC
105.30
1262500008
101740223002
258.89
AC
283.89
1262540602
101740227002
307.46
AC
332.46
1262560405
101740209103
162.64
AC
187.64
1262920003
101740214002
68.39
AC
93.39
1263160202
101740202104
18.32
AC
43.32
1263307901
101740506101
53.21
AC
78.21
1263321002
105355001001
141.44
AC
166.44
SS
REPORT SORTED BY ACCOUNT NUMBER
ACCOUNT -NUMB
------------------------------------------------------------------------------------------------
PID
AMT -OPEN
ACCOUNT -STATUS
ASSESS -ANT
1263400204
105355006001
105.85
AC
130.85
1264410001
106920010000
108.64
AC
133.64
1270070403
106398007001
203.19
AC
228.19
1270870703
106398004008
268.08
AC
293.08
1280060305
106398103010
81.13
AC
106.13
1280170003
106398102009
136.42
AC
161.42
1280650102
106398204007
194.43
AC
219.43
1280730104
106398204006
112.49
AC
137.49
1280800206
106398203006
107.23
AC
132.23
1280840807
106398609001
216.40
AC
241.40
1281010704
106398303005
50.19
AC
75.19
1281200404
106398303009
154.83
AC
179.83
1281250902
106398304008
136.32
AC
161.32
1281670805
106398402013
131.26
AC
156.26
1282700201
105675003004
46.20
AC
71.20
1282760601
105675104003
131.04
AC
156.04
1283610203
101375016003
68.35
AC
93.35
1283810805
101375002001
239.89
AC
264.89
1283910603
101375009002
127.61
AC
152.61
1290400903
102275001002
105.76
AC
130.76
1291130103
102275047002
252.17
AC
277.17
1300440302
107820006003
70.55
AC
95.55
1303020002
102560103004
223.31
AC
248.31
1310570501
101230005005
224.75
AC
249.75
1310990501
104727702003
184.37
AC
209.37
1311270102
107296108001
167.36
AC
192.36
1311950802
104727803004
71.06
AC
96.06
m
REPORT SORTED BY ACCOUNT NUMBER
ACCOUNT -NUMB
------------------------------------------------------------------------------------------------
PID
AMT -OPEN
ACCOUNT -STATUS
ASSESS -AMT
1313160202
104433010001
56.00
AC
81.00
1315460401
103215125002
117.38
AC
142.38
1316630101
108375101004
258.57
AC
283.57
1317810802
104509406001
110.89
AC
135.89
1318800802
108350012001
109.17
AC
134.17
1319200001
105769003005
192.87
AC
217.87
1550480601
100340002076
35.39
AC
60.39
1551390601
100360001082
17.33
AC
42.33
2310440902
101670027002
82.96
AC
107.96
2311200602
101670008006
149.51
AC
174.51
2311220405
101670010006
358.11
AC
383.11
2311340001
101670020005
75.72
AC
100.72
2321370504
101670201006
80.26
AC
105.26
2330080901
101665004001
104.67
AC
129.67
2330490003
101670234008
115.83
AC
140.83
2330580803
101670243008
247.57
AC
272.57
2330950304
101670416002
65.11
AC
90.11
2340230802
100190001211
112.68
AC
137.68
2341221601
100170001275
70.15
AC
95.15
2342000303
101430110001
110.15
AC
135.15
2342060704
101430103001
139.72
AC
164.72
2350920105
101670405012
201.59
AC
226.59
2350930003
101670408011
163.82
AC
188.82
2350980502
101670413011
198.81
AC
223.81
2351250201
101670406006
70.74
AC
95.74
2360140402
101670402007
74.22
AC
99.22
2380330701
101670415010
139.13
AC
164.13
REPORT SORTED BY ACCOUNT NUMBER
ACCOUNT -NUMB
------------------------------------------------------------------------------------------------
PID
AMT -OPEN ACCOUNT -STATUS
ASSESS -AMT
2380360401
101670412010
180.60
AC
205.60
2380880104
101670614002
193.60
AC
218.60
2390010303
100200004177
5.66
AC
30.66
2390050903
101190004001
124.30
AC
149.30
2390620901
101670608010
248.26
AC
273.26
2391840202
103295102007
106.78
AC
131.78
2391940003
103295104009
159.78
AC
184.78
2391960802
103295204006
233.22
AC
258.22
2400310504
107710002018
110.78
AC
135.78
2401010004
107710001005
49.79
AC
74.79
2401220506
107710001001
93.85
AC
118.85
2401250206
107710002008
149.91
AC
174.91
2410760901
101670708008
246.56
AC
271.56
2410880503
101670708005
250.49
AC
275.49
2410960503
101670727006
161.71
AC
186.71
2411470404
101670712004
89.85
AC
114.85
2411590905
101438701001
12.54
AC
37.54
2411850701
101438705002
85.25
AC
110.25
2420160007
107300203009
81.48
AC
106.48
2420410907
107300005020
152.84
AC
177.84
2420570004
107300004014
107.45
AC
132.45
2421080901
107300104014
136.75
AC
161.75
2421620203
107300404002
256.04
AC
281.04
2421650905
107300402002
49.84
AC
74.84
2430290301
107650103001
101.35
AC
126.35
2430850401
107650202011
123.93
AC
148.93
2432370103
105750301002
289.30
AC
314.30
S8`
REPORT SORTED BY ACCOUNT NUMBER
ACCOUNT -NUMB
-------------------------------------------------
PID
AMT -OPEN
ACCOUNT -STATUS
- ------ -----------------------------
ASSESS -AMT
2432450107
105750318003
65.64
AC
90.64
2432780104
108446123001
50.19
AC
75.19
2433380902
108446012001
312.50
AC
337.50
2433570504
108446011002
406.98
AC
431.98
2433610903
108446007002
62.68
AC
87.68
2440840302
103310001001
1.47
AC
26.47
2451630404
108365108002
314.14
AC
339.14
2451900103
108365303003
129.27
AC
154.27
2460590905
102190040001
75.52
AC
100.52
2460660003
102190052001
102.14
AC
127.14
2471268901
101380005001
200.02
AC
225.02
2490110003
103275004002
183.36
AC
208.36
2500040707
101499004001
1.34
AC
26.34
2500131404
101499306001
264.85
AC
289.85
2500200702
101499020001
183.86
AC
208.86
2500680001
101499234001
186.86
AC
211.86
2500690901
101499317001
30.39
AC
55.39
2501140402
101499361001
137.25
AC
162.25
2501260002
101499301002
262.83
AC
287.83
2510720201
103190002003
204.67
AC
229.67
2550340001
104445004001
24.42
AC
49.42
2560210301
106767005002
112.19
AC
137.19
2561430602
101997504002
129.49
AC
154.49
2561620201
101997505004
22.03
AC
47.03
2564920301
101432513002
128.04
AC
153.04
2566550601
106712502013
60.53
AC
85.53
3550490101
100380008002
17.60
AC
42.60
s9
REPORT SORTED BY ACCOUNT NUMBER
ACCOUNT -NUMB
------------------------------------------------------------------------------------------------
PID
AMT -OPEN
ACCOUNT -STATUS
ASSESS -AMT
3610090702
106805003102
27.40
AC
52.40
3610710004
104130005001
56.88
AC
81.88
3611520204
101630003001
169.87
AC
194.87
3614790804
101815202004
273.95
AC
298.95
3621740403
105530019003
200.54
AC
225.54
3630030902
103289003001
127.30
AC
152.30
3630240402
108140001003
255.91
AC
280.91
3630657902
105540007001
52.41
AC
77.41
3630700702
101830009105
107.53
AC
132.53
3631270001
101830011008
132.26
AC
157.26
3640181806
102096012004
179.92
AC
204.92
3640620504
102096016004
139.53
AC
164.53
3643050201
104465157001
178.52
AC
203.52
3643370402
104465105001
1.81
AC
26.81
3650470203
104775006001
192.61
AC
217.61
3650900805
104775004003
180.62
AC
205.62
3651030305
104775110001
99.76
AC
124.76
3651260601
104775210002
80.79
AC
105.79
3660330602
101560003000
64.64
AC
89.64
3660420502
101560009000
119.92
AC
144.92
3660670502
106710001001
192.42
AC
217.42
3660750502
103200002000
11.78
AC
36.78
3660790101
103200003000
85.82
AC
110.82
3671290901
101550140002
174.57
AC
199.57
3672550501
101550114003
88.17
AC
113.17
3680400301
103299007003
254.18
AC
279.18
3681120601
103299003006
82.96
AC
107.96
2
REPORT SORTED BY ACCOUNT NUMBER
ACCOUNT -NUMB
--------------------•---------------------------------------------------------------------------
PID
AMT -OPEN
ACCOUNT -STATUS
ASSESS -AMT
3700430602
108361203101
199.29
AC
224.29
3701120202
104506020002
53.34
AC
78.34
3710660601
107250028001
134.45
AC
159.45
3710680401
107250030001
53.18
AC
78.18
3711640702
107250011005
167.00
AC
192.00
3750500502
101827536003
99.61
AC
124.61
3770750202
104507531001
262.54
AC
287.54
3770800502
104507526001
172.77
AC
197.77
3770840101
104507522001
257.78
AC
282.78
3780040603
104508010004
42.26
AC
67.26
3781360701
104508105001
165.67
AC
190.67
3790640101
107298305001
38.87
AC
63.87
3800520302
107587505003
86.00
AC
111.00
3823940601
103095003101
18.63
AC
43.63
3826181401
101460002001
212.23
AC
237.23
32812.28*
<*>
1090650102
108435401004
592.33
CB
617.33
1223580002
102580011001
67.62
CB
92.62
1283830604
101375001002
147.29
CB
172.29
2320620403
101670018009
82.36
CB
107.36
2391910302
103295101009
133.23
CB
158.23
2430520306
107650003006
160.33
CB
185.33
2433220705
108446006003
154.38
CB
179.38
3640480410
102096021001
334.99
CB
359.99
3650450407
104775004001
103.14
CB
128.14
3822180002
103299207004
51.85
CB
76.85
1827.52*
<*>
mom
REPORT SORTED BY ACCOUNT NUMBER
ACCOUNT -NUMB PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT
34639.80* 40664.80*
M.
Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
B. CERTIFICATION OF DELINQUENT FALSE ALARM BILLS
ACTION TO BE CONSIDERED:
To close the public hearing and approve or deny the final assessment roll for delinquent
false alarm bills and authorize its certification to Dakota County.
FACTS:
• The City Code allows for collection through certification of false alarm bills which
are not paid.
• At the October 6 City Council meeting, a public hearing was set for November 2,
1998.
• The delinquent false alarm bills are S75 per false alarm with a 10% penalty and a $25
certification fee.
• All notices have been published in the legal newspaper and sent to all affected
property owners informing them of this hearing and their proposed assessments.
ATTACHMENTS:
• Proposed assessment roll, page 6L
GRAND TOTAL/SA
1998 false alarms
S/A M PROPERTY ID
S/A ASSESSED
AMT
------ I------------------------------------------------------------------------
98FALS 10.22472-050-02
$82.50
$247
10.22472-080-02
$82.50
10-22500-010-03
10-22473.010-01
$82.50
$82.
10-22500-010-03
$165.00
10-77031-010-01
10-22502-080-02
$82.50
$1,560.
10-22502-271.03
$47.50
10-22503-241-02
$330.00
10-22515-030.03
$165.00
10-22520-040.01
$165.00
10-22530-010-01
$495.00
10-23100-080-03
$495.00
10-26500-010-01
$15.00
10-27500-030-02
$82.50
10.39901-010-01
$82.50
10.47500-010-01
$163.76
10-47500-020-01
$331.24
10-52250-010-01
$82.50
10-57690-030-05
-------------------------
$165.00
98FALS 10-75925-060-01
$82.50
-------------------------------------
10-77031-010-01
$165.00
<*>
$3,362.50*
$3,362.50*
GRAND TOTAL/SA
S/A X PROPERTY ID
1997 false alarms
S/A ASSESSED AMT
-------------------------------------------
ALARMS 10-16725-070.01
$165.
10-16820-010-02
$82,
10-18530-010-01
$75,
10-22472-010-02
$247
10-22472-050-02
$247.
10-22500-010-03
$165.
10-56723-020-01
$82.
10-72851-010-01
$412.
10-77031-010-01
$82.
<*>
$1,560.
$1,560.
00
50
00
50
50
00
50
50
50
00*
00*
-------------------------------------------------------------------------------
EXIT (E)7 [ J
6Y
Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
1 ► ♦1 C 11 1\ • •
,1 1 / ►, 1111 • � � �• •
ACTION TO BE CONSIDERED: To close the public hearing and approve / deny /
continue the vacation of public right-of-way within Gopher Eagan Industrial Park 1"
Addition and authorize the Mayor and City Clerk to execute all related documents.
FACTS:
• The City Council received a petition by John Allen of Industrial Equities, LLP, to
vacate Kutoff Drive and Yankee Doodle Court rights-of-way at the October 6, 1998
City Council meeting.
• This request is due to the replat of Lots 1-16, Block 1, Gopher Eagan Industrial Park
1" Addition, to Gopher Eagan Industrial Park 5' Addition.
• The site improvements for Gopher Eagan Industrial Park 5i° Addition depend on the
vacation of the excess rights-of-way.
• Kutoff Drive and Yankee Doodle Court were never constructed and were intended to
facilitate previous development proposals that did not occur.
• This vacation request has been reviewed by the Engineering Division and found to be
in order for favorable Council action.
ISSUES:
• The Engineering Division has reviewed the proposed plat of Gopher Eagan Industrial
Park 5' Addition to insure replacement easements would be provided with the final
plat. This final plat is scheduled for Council approval under the Consent Agenda.
However, if for some reason, this final plat is not approved, the Council should just
close the Public Hearing and continue consideration of approval to be concurrent with
a future final plat action for the Gopher Eagan Industrial Park 5' Addition.
ATTACHMENTS:
• Location map, page 94 /
• Vacation description and graphic, page4?and / G
6 �"
ROAD tDAjr
o�
Lr
LONE OAK ROAD I CO. RD. 26
-------- --I MCC
� I �
I
I
' TI
i N �'t
sy
V, NWYNo. 55
LLJ
U Cr
RITA T.
opo P'� r
p � J
\ J 5
HILLSIDE
CT.
x'
II YANKEE DOODLE R0.
ioll
> _
RD_ PROPOSED SITE
7IVY CT. J/f�. l
SECTION 12
F—
C'
W
J � I Lil
--- .- ;
BILK U
p r ` �
h 0: >
ROLLING CIR.
MLLS
YANKEE D E CT.
i
R .
city of eagan
PUBLIC LOCATION MAP
$ WORKS
DEPARTMEN
DESCRIPTION FOR: INDUSTRIAL EQUITY 61896-035
SCHOELL 8 MADSON. INC
Engineers • Surveyors * Planners
Soil Testing ♦ Environmental Services
10580 Wayzata Blvd
Minnetonka, MN 55305
612/516-7601 Fax 612-546-9065
DESCRIPTIONS FOR VACATION OF PUBLIC RIGHT OF WAY
That part of Yankee Doodle Court as dedicated on the record plat of GOPHER EAGAN
INDUSTRIAL PARK 1ST ADDITION which lies southerly of westerly extension of the north line
of Lot 7, Block 1 in said plat.
That part of Kutoff Drive as dedicated on the record plat of GOPHER EAGAN INDUSTRIAL
PARK 1 ST ADDITION which lies southerly of the easterly extension of the north line of Lot 1,
Block 1 in said plat.
Date: September 17, 1998 ,�" �
Theodore D. Kemna
Land Surveyor MN Lic. No 17006
6 Page 1 of 2
city of eagan
PUBLIC
LMWORKS
DE PARTME
- • � - 41� Y�J �.T.T MM..YI
/
M — - R[[[T To e�
I /
u � �
Y , �Gftu
RIGHT-OF-WAY VACATION EXHIBIT
r•�-
WOW TRIAL [oU71F {, LV.
w ma
RIGHT-OF-WAY VACATION EXHIBIT
Agenda Information Memo
November 2, 1998
ACTION TO BE CONSIDERED: To continue the public hearing for the vacation of a
sidewalk easement, within the Park Center 5h Addition (document no. 13005774) from
November 2, 1998 to November 30, 1998.
FACTS:
• City staff received a request from John Payton, Westwood Professional Services, Inc., to
vacate a city sidewalk easement within the Park Center 5'" Addition. Centres Group Eagan,
Ltd. is constructing a theater at this location northwest of the intersection of Cliff Road and
Cliff Lake Road.
• On October 6, 1998, the City Council received the petition and set a public hearing for
November 2, 1998, to vacate said ten -foot sidewalk easement.
• The purpose of the request is to allow Centres Group Eagan, Ltd. to construct a new sidewalk
in a revised location to maintain the continuity of the existing sidewalk system while
allowing them to construct the required parking.
• The request would vacate the existing 10 -foot wide easement and replace it with a new 7 -foot
wide sidewalk easement adjacent to Rahn Park.
• This vacation request has been reviewed by the Engineering Division and found to be in
order for favorable Council action upon recording of the new easement.
ISSUES:
• The City is required to publish the vacation notice for a period of two consecutive weeks
preceding the public hearing.
• Although the notice was provided to the paper, the notice was not published.
• Continuing the public hearing from November 2 to November 30 would allow the city the
time to provide proper notice in the publication.
ATTACHMENTS:
• Location map, page aacaion,
• Proposed Easement page 2L
• New Easement, page ��.
(t)4qm
_r
I rAEEK� CT
♦200 - - -
i DFFLERD.
CEDAR
mlow's, OMAN
C—
i
CEDAR
POND C
PARK a
�I A t� CORAL La.
T
I_ ERIN DR. CLF;*V W
DR. 4GLEW
I � i
MON FFALL s. � z,
� 5�0TT � � PARK I �
RD. CLIFFS RD. C. LJ
city of eagan
PUBLIC
WORKS
F DEPARTME
PROPOSED EASEMENT VACATION r"
SECTION 30
LOCATION MAP
?0
iPMUWC CT
d TWER
ADGER
R\
o
WAY III CT.
PROPOSED EASEMENT VACATION
3KHIBIT A
SIDZWALK EASEMENT
NOf1TN UNCI LOT 4 ■�nclt 1 -�- - _ /
N.COR LOT 1
7
- ISa.1 - PO
O
2334
OsaO'0000' _ ^IOneZ
e.1e.00' N ee•is'fa',a W
s.25
A. se-10,zz"
s.15.00 41,- k
17:22 -L64 41,we
(�
Cl
SIDEWALK EASEHENr DESCRIPTION
A 10.00 toot easement for sidewalk purposes over,'upon, along,
through, and across the following described property:
Lot 1, Block 1, PAxx crmmx tIPTH ADDITION, according
to the recorded plat thereof, Dakota County, Minnesota.
The centerline of said easement IN described as followsr
Beginning at a point in the north line of said Lot 1,
Block 1 distant 158.74 fast west of the northeast corner
thereof; thence southeasterly on a curve concave to the
nortbeast, central angle 90 degrees 00 minutes 00 seconds
and radius 15.00 feet 23.56 feet; thence North B9 degrees
58 minutes 36 seconds Last, parallel with the north line
of said Lot 1, Block 1, a distance of 100.52 feet; thence
southeasterly on a tangential curve concave to the south-
west, central angle 35 degrees 19 minutes 32 seconds and
radius 15.00 feet 9.25 fsetr thence South 54 degrees 41
minutes 50 seconds East, tangent em the last described
curve, 17.22 feet to the southeasterly line of said Lot
1, Block 1 and there terminating.
The side lines of said easement shall be prolonged or
shortened to terminate in the southeasterly line of
said Lot—l.
a
BOERHAVE LAND SURVEYING
14217 Miloka Circle K.E.
Pnor Lakc. Mlnnca m 55772
612j 5-915
SIDEWALK EASEMENT SKETCH
R t ticii r iy c.ti -,c.�i
-Ewwe
<, \
m
An eas nn&nt for nidewolk PyrPoses O</Ot'
that port of Lor I. Block I. PARK C£Nrt
nrrH ADDITION, accordmnq to the
recorded plot lhereo( Dakota County.
k/Nlnevoto, described as follows'
The north 700 feet I).nq east of
Me vest 10700 feet of said Lar
5n 1'. 50 Net
Centre# Group Eagan, L. TA
WW"twooe Profess onol Serkice5, Inc
caw+ hww. Iw 55J..
/617) OJ7-5150
eF CRU I pare. 2/2e/98 I'be Ne 97!95
hJ9sr Oxc
Agenda Information Memo
November 2, 1998
ACTION TO BE CONSIDERED: To close the public heating and approve the final
assessment roll for Project 733 (McKee Additions - Street Reconstruction and Utility
Improvements) and authorize its certification to Dakota County for collection.
FACTS:
• Project 733 provided for the reconstruction of the streets, upgrade to concrete curb and
gutter, installation of additional storm sewer, and the repair of a portion of the sanitary sewer
within McKee Addition and McKee 2nd and 3rd Additions. The neighborhood is located
northeast of the intersection of Lexington Avenue and Lone Oak Road.
• The final assessment roll was presented to the City Council on October 6, 1998, with a public
hearing being scheduled for November 2 to formally present the final costs associated with
this public improvement to the affected benefiting properties.
• All notices have been published in the legal newspaper and sent to all affected property
owners informing them of this public hearing. In addition, an informational meeting was
held October 27 to address the property owners' questions and provide any additional
information of interest. Of the 88 parcels being assessed, only 6 property owners
representing 5 properties attended the meeting.
ATTACHMENTS:
• Final Assessment Roll Summary, page 2Y.
• Minutes From Informational Neighborhood Meeting, pages -25—� through
—22
9,�
PROJECT HEARING DATES
NUMBER - LU ASSESSMENT - November 2. 1998
NAME - McKee I" uah 3 d Additions IMPROVEMENT - Apri121, 1998
Street RecongtructiM
IMPROVEMENTS INSTALLED AND/OR ASSESSED
F.R.-Feasiblity Report
FINAL
❑ Trunk
❑ Lateral
❑ Service
❑ Lot. Benefit/tnmk
❑
WATER
Tnmk
❑
Lateral
❑
Service
❑
Lat. Benefit/mink
❑
WAC
F.R
BATE UNITS
STORM SEWER
❑ Trunk
❑ Lateral
❑ Lat. Beaefit/trunk
STREET
❑ Gravel Base
* Surfacing
❑ Res. Equiv.
❑ Multi. Equiv.
❑ C(I Equiv.
❑ TraiVSidewalk
FINAL F.R
BATE BATE 1 'IlIITS
(1)S2S00.00 (2153228.55 /LOT
SERVICES MERTLIGHTS
❑ Water & San Sewer ❑ Installation
❑ Energy Charge
CONTRACT NO, OF INTEREST AMOU T CM
)YQ, PARCEj—R TEEM RATE ASSESSED MANCFD
SM&OSS F R 5152.075 F.R.
98-13 141 15YCiLS 6.5% 5285.1100.00 5235.785.24
COMMENTS6
(1) Rate is based on appraisal
(2) F.R. rate was recomputed based on 114 lot units
Y
CITY PROJECT NO. 733
ASSESSMENT INFORMATIONAL NEIGHBORHOOD MEETING
McKEE ADDITIONS
STREET IMPROVEMENTS
TUESDAY, OCTOBER 27, 1998
7:00 P.M. COMMUNITY ROOM
Attendance Russ Matthys, City Engineer; 6 people representing 5 properties (see attached sign-
up sheet).
A. Welcome and Presentation
• City Engineer Matthys welcomed the property owners
• City Engineer Matthys presented a summary of the Final Assessment Report and
responded to questions
B. Question/Comments
Can we deduct the assessment portion of our county tax statement from our
income taxes' Typically, no, you aren't supposed to deduct the assessment
portion from your income taxes. Please check with your tax consultant/preparer
2 The curb and gutter is still a mess on Beatrice Street. It has black marks on
it. The contractor incorrectly placed tack coat on some of the curb and gutter I
thought they had cleaned all of it off I will see to it that all of the remaining curb
and gutter is addressed (Upon inspection it was apparent that the black marks
were from rubber tires, perhaps from contractor or public Resident was told that
it should wear off over time )
3 There are chips in the concrete apron at 1050 Beatrice Street. The curb and
gutter is transitioned weird at the driveway opening. Sod is too high at the
back of the curb and gutter — can't mow. Dead or thatch filled sod in spots at
same address. Street is beautiful. City staff will review the chips If significant,
the concrete will be repaired/replaced (One nickel sized chip on rear edge, not
surface.) Concrete curb and gutter at driveway is all hand -work, shouldn't be that
different from all the rest, but each one is unique Sod will be checked It will be
regraded or replaced as needed
4 We were promised two replacement trees due to the removal of the large
maple tree in the storm sewer easement (1068 Keefe Street). There were not
any trees installed as part of this project The City does have a tree replacement
program due to the '98 storms called Forever Green Did you participate in this
program' No. 1 will check on the availability of trees yet this fall or there will be
another distribution in the spring
5 1 participated in the Forever Green program. I appreciated it, but they
needed to be more organized at the Pilot Knob Road distribution center.
6 1068 Keefe Street needs a soft spot filled with topsoil under the sod where the
maple tree was removed. The sod is also a little low on the opposite side of
the driveway. There is a crack in the concrete driveway apron caused by the
contractor. I will have all of the items reviewed by staff The apron should not
have cracked It may need to wait until spring to be replaced There is a one year
warranty on the project work
7. 1038 Kenneth Street has lawn edging sticking up at the end of the driveway.
The end of the bituminous driveway is rough, like a washboard. Staff will see
to it that the lawn edging is addressed. We will review the driveway. There is a
piece of equipment that can reheat the bituminous so that it can be rolled again
8 What is the total cost if the 52,500 assessment is distributed throughout the
entire 15 years with the 6.5% interest? About 53,900 (Actual 53,814)
9 The contractor and inspectors were very accommodating throughout the
project. They knocked on doors to let us know what was happening.
NAI
1.
2.
3.
INFORMATIONAL MEETING
MCKEE ADDITION
TUESDAY, OCTOBER 27,1998,7:00 P.M.
4.
5. OVe K..ac �7Xit•-'ti'
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
H: FORMSISign•In
ADDRESS
Aj
/ U s 0 'bean» c - .Sr.
Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
A. ORDINANCE AMENDMENT CHAPTER 6, TOBACCO LICENSING
ACTION TO BE CONSIDERED: To approve, deny or approve with modifications an
amendment to Chapter 6, Tobacco Licensing
FACTS:
• During the 1997 legislative session a state law was passed with the primary purpose of
reducing illegal youth access to tobacco products
• The City of Eagan has been working with other Dakota County Cities and the County
to develop a model countywide ordinance for consistency in enforcement among the
various jurisdictions.
• At a Special City Council workshop on March 24, 1998 direction was provided to the
staff regarding the City Council's desires for options to include in a revised tobacco
ordinance to address the new state law. That direction was based on the policy
decision that Eagan would continue to license tobacco and provide enforcement
locally and not leave it to the County by default as one of the options contained in the
state law.
Specific options on which direction was provided include the following.
1. The City prefers the complete ban on vending machines
2 The self-service regulation should be consistent with the Minnesota State law
banning only single packages of tobacco and not be more restrictive.
3 Fines for violation of the ordinance should be as presented in the model
ordinance
4 A regulation requiring sellers of tobacco products to be above the legal age of
18 should not be considered
• Other options suggested by various groups for inclusion in a new ordinance were
considered unnecessary at this time.
• Staff was also directed to check with neighboring communities in an effort to
maintain some continuity. As of this date, Burnsville and Rosemount have decided to
turn licensing and enforcement over to the County. Rosemount previously handled
the licensing for their City Apple Valley is still considering a revised local ordinance.
• Eagan's proposed ordinance amendment seems to be quite close to where the model
ordinance was going, although the model ordinance has not been finalized at this
time The primary difference is that the model seemed to be going in the direction of
a greater ban on self-service by eliminating it entirely where Eagan has opted for the
single pack ban only.
• Out of fairness to our license holders, staff would like to be able to process license
renewals for 1999 under the terms of the revised ordinance
91
Pending City Council approval of the revised ordinance, the licensing fee will be
addressed at a later meeting
ATTACHMENTS:
Proposed ordinance amendment on pages b0 through
Minutes of the Special City Council meeting of March 24
C
79'
8998 on pages ?� through
SEM' BY: 10-30-98 : 13:06 : SEVERSON SHO -DON- 612 681 46124 2/10
ORDINANCE NO. 2ND SERIFS
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN
CITY CODE CHAPTER SIX ENTr= "OTHER BUSINESS REGULATION AND
LICENSING" BY AMENDING SECTION 6.34 REGARDING THE SALE, POSSESSION
AND USE OF TOBACCO, TOBACCO PRODUCTS AND TOBACCO -RELATED
DEVISES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1
AND SECTION 6.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapt r 6 is hereby amended by changing Section 6.34 to
read as follows:
Sec.. 634. Tobacco.
Subd 1._Pure. The Ciq recpgnius that manxpersons under the eY�1f 18 yeas
purcbase or otherwise obtain press and use ts�_30l)3co0 prodgcts and tobacco
related devices, and such sales, possession and use are violations of both state and federal
laws. Thus, the City int®ds to rMulate_the sale, possession and use of tobacco. S4basc9
products and tobacco related devices for the m pose of eafamina and fwthcring cxistin2
laws, to Mvcnt and protect minors against the illegal use of tobacco. tobaccomducts
and tobacco related devices, and to further the official nnblic Rolicv of the State of
Minnesota as stated in Minnesota Statutes. Section 144.391, in regard to R even
minors from stating to smoke.
Subat 1. De. inirionr. The following Berms, as used m this section, shall have the
meanings stated:
reletoddevioee;-e»d orgy
That
cigarettes: cigars� pipe tobacco: snuff_ fine cut or other chewing tobacco
cheroots; stogies; perioue; granulated, slug cut- crimp cut. rmdv-ribbed,
tobaccos; dipyiu tobaccos: refuse scraps, clippings, cuttings, and
ZO
P-' 612 432 3780 10-30-96 01:IIPY P002 C::
SF17 BY
PI. C.
10-30-98 : 13:07 : -'EVERSON SN IYA- 612 681 4612:9 3/10
pwygings of tobacco; and other kinds and forms of tobacco leaf prepared
in such manner as to be suitable for chewing. sniffing or smoking. For
purposes of this section, a tobacco or tobacco product includes both
individually packaged items, such as a pack of cigarettes or a can of
chewing tobacco, and cartons containing two or more individually wrapped
]trod tobacco products.
intended to be used in connection with chewing, saiffmg-smoking or using
tobacco or tobacco products, including a pipe, rolling papers, tobacco or
tobacco product catxying case or lighter,
Self-service m2ereAigndise merch=&si-T means
oMn disRlays of tobacco. tobacco pE2ducts or tobacco related devices for
employee. For purposes of this definition. self-service merchandising does
not include vendingrnachines.
Vending machine means
payment; dispenses
lebeew pmdasts any mechanical, electric or electronic, or ottlg- twe of
• qr: � ��• :_fid n � : � � � �.�...•l� • • • : � � • • �.
E, Individually nackafed means the practice of selling any tobacco or tobacco
clgorcttcpacks:
F. Loosies means the common term used to refer to a single or individual]y
wrapped curette.
IN
o
612 432 3780 . ..=:. n;:
SENT BY: 10-90-98 : 19:07 : SEVERSOM1 Sly-• 612 681 46124 4/10
G- Minor means apy_person under the are of eighteen (18) years.
H. Reiad Esiubh5hmenr means anyplace of business where tobacco. tobacco
[_A�bTeable Place ofhutincss shall mean wry form of business operated out
of a truck vm automobile, or other tape of vehicle or transportable shelter
and not a fixed addraas store frnnt or other permanent tvDc of structure
authorized for sales transactions.
J. Sale or Sell means any transfer of goods for money, trade. bat= or other
consideration.
K. Coryliance Checkc mMns the enforcement system the City uses to
and tobacco rclatcd dcvicFs
training Purposes as authorized by state and federal laws.
L. Hearing Officer mo4tn9 the City Administrator or any other city cmplovcc
duly appointed by the City Administrator.
Subd 2- 3 License required It is unlawful for any person to, directly or indirectly,
keep for recoil sale, sell at retail, or otherwise dispose of any tobacco, tobacco Product or
tobacco-rclatcd devise without a license therefor from the city. The license "uif�m
. -mater
Subd 4. License application Ap2lication for a license to sell tobacco. tobacco
products or tobacco related devices hereunder shall be made on a form provided by the
deems necessary. Upon receipt of the cpmWeted a2plication and license fce, the City
Council shall take action on the license AppLiQAfion at the next regularly schedWed City
Council meeting. If the City Clerk determines that an application -is rommRle[c hC Qr sbe
6116P Lot MIMMID�163.
R-93% 612 432 3780 10-30-96 01:11PN P004 n44
SENT BY: 10-30-98 : 13:09 : SF`E zso% SHElD - 612 681 46123 5/10
Subd S. Amnon license appllcauon The City Council may either approve or
deny the license_ or it may delay action for such reasonable period of time as necessary to
A. TILe applicant is ander the age of eighteen (,18) years.
�. The applicant has been convicted within the PMt five years of any violation
D. The apohcant fails to DrQyide information required on the jRo icarion or
provides false or mislcading iafarmation.
F. The applicant is prohibited by federal, state or other local low, ordinance or
other regulation from holding, such a license
&bd 3 6. Curditiuns of license.
A. Separate h c5nsm shall be issued for the sale of tobacco,QLjcc product or
tobacco -related dcNiscs at each fixed place of business; and no license shall be
issued for a moveable place of business.
� •! i rte.
:,
SENT 8Y
10-30-98 : 13:10 : SEVERSON SHELDON- 612 681 46124 6/10
Subd 7. Duration of license- All beenscs issued under this section shall expire on
Dy., mber 31st of eacb year.
Subd 4 8. Suspension or revocation
A. A licensee's authority to sell cigarettes at a-speci€s the licensed Incation
will my be suspended
for a violation of this section.
6 P. In the cast of suspension, there shall be no license refund.
P C. License revocation may be instituted following a misdemeanor or petty
misdemeanor conviction under this section of any offices, director,
manager, or other agent or employee of any license.
I
Subd. 10. Moveable place of business. No license shall be issued to it moveable
place of business.
Subd. 11. Displav of license. All licenses shall be posted and displavcd in plain
view of the g_cucral public on the licensed yremiscs,
612 432 3780 10-30-98 01:11PM P006 L44
SENT BY: 10-30-98 : 13:12 : SEMY30% sHa-DON- 612 681 4612:9 7/10
Subd 13. License fees. No license shall be issued under this section until the
license fee is Raid in full. The fee for a license under this scotion shall be in an amount set
forth by cily council resolution.
.Subd 14. 1Inlawful sales. It shall he unlawful for an}Eperson to sell or offer to sell
any tobacco, tobacco product or tobacco related device:
A. To any person undcr the auc of eighteen ( 18) years:
C. By means of self-servi;e mcrchandisinit of individually packagcd tobacco
or tobacco products:
D. Containing opiurn, m rg phipc. jimson weed, bella donna, s"chaos. cocaine,
marijuana, or other deleterious. hallucinogenic, toxic, or controlled
substances except nicotine and vOicr substances found _Mturally_' tobgcco
or added as part of an otherwise lawful manufacturing process.
Subd 13. Self-service sales. All tobacco, tobacco products and tobacco related
devices which are individually packagcd shall be either starch hehind a counter or other
area int;ludiuu� a case or other storabc _unit which is not freely accessible and not left
within 30 days of the effegive date of this section.
Subd 16 RoMmiblllly. All lic®aees undcr this section shall be responsible for
regulation.
ensure cote Wince with the provisions of tbis section. Such comphancc cheeks shall
to Puha c tobacco. tobacco O-du:;N or tobac d
SENT BY
10-30-98 : 13:13 : SEVER.SON SHE DON- 612 681 4612:9 8/10
A. Il eal possession. 1t s unlawful fox any minor to have in his/her yossessioL
ful$1linghik dtifics as an emylovee of the hc"g rc in m retail sale
g Inrtmr. It shall be unlawful for am
person to purchase or Qths>�Qb mn.for or pTevide to any' many
unlawful for any person to coerce ortome minorto ---illegally
D. {Ise of false identification, it shall be a violation of this section for any
minor to attempt to diguisc his/her true _age by the use of a false form of
idcntification. whether the 'dentili hon is that of another �4rsr or one on
hie The of the tfeison has mo ' ed or tamper with eo
repr senit an au o actual a e f thepmon.
It
512 432 3780 10-30-98 01:11PY P008 #44
SENT BY
10-30-98 : 13:15 : SEVERSON S14R.DON 612 681 4612;0 9/10
his/heT fito bLhqgd trn the accu§gigni shall be, issued and served g on
the vio1aWL41nersonly or pail,
violet 7's mqacstfqr a bei
p, ecuion. UM ;IuslQn
o the hewing
offices issue
612
432 3780
Written d1II Of t
_L4Jin
d Cl IUnS
who
CSy101 071
occurred and whelher tht_
ed vio 07
' d i
o f the
bcaririg o cer _ tt n
_
ndia s of fact and conclusions
shat! be provided
_.........A ..:.,1...v
v tthr- hrArinr officer
finds
that no violation
.rl
'may anneal the decision I ldr ,� he hcarin ffi er
rn c district court.
F Misdemeanor n l se tion r o an o 1 ion o s stip
n..rnwd nn
[; Cnntinued vinlatt n h dew chyl0latlQn_n<6u7s Or cor►tlnues sha11
conar&fi a separate offtse.
l4 Puri -
1.
Licensees. h nwe A tn hmvr. vinlsttd thi r 'once r
. . yl! . a. i .� .• � 111 . �nl. .
2, then indrvuhmlc I %n aLs. othermors rc ted b
subnaraKzanh herein, found to be in violation of taus sectiog shall be
g,b ed an administrative fee of UQ -00-
7 9 0.00.
79
612
432 3780
i�II�I�T.�'I:=�iRt! o •�1.LIi:Zi7
aF agim l
10-30-98 : 13:17 : SB R50\ SHaj)ON- 612 681 4612310/10
3. mors, MbM found in unlawful 55e9si n of or who uWawfiAla
pWcbase or attcmut to arc se tobacco tobacco t)m s o
lobaCQQ rekwd d vices shall bg bandled in the same man -ter as any
mile or minor chuged with a viola on of the law
.;„•, in ffiis 9cclion
minor as part of it lawuully rcwgUjjjd religious, Spirituai
cWtural Wernorry, , o, , u ,, .: n ,l .y� :.
B. eliance of proof of axe t $ball be an affirmative defense to the violation
of this m on for a Ryrso to have reasonably relied on proof of eae at
de_ scjdkpd by state law.
Scoon Eagan City (,ode Cbapter I entitled "General Provisions and Definitions
Applicable to the Entire City Code Including 'Penalty for Violation- and Section 6.99,
entitled "Violation a Misdemeanor' are hereby adopted in their entirety by reference as
though repeated verbatim
Section 3. Effective Date. This ordinamc slmll take effect upon its adoption and
publicaticm according to law.
ATTEST:
By. E. 7. VanOverbeke
Its: Clerk
CITY OF EAGAN
City Council
By: Thomas A Egan
Its: Mayor
Date Ordinance Published in the Legal Newspaper:
00)109
Page 7!Special City Council Minutes
March 24, 1998
Mayor Egan stated that this item would more than likely come back to the City Council at a
regular City Council meeting in either May or June, and then thanked Mr. Vincent and Ms.
Luchka for their presentation and comments.
TOBACCO ORDN NCE
City Administrator Hedges stated, that during the 1997 Legislative Session, a state law
was passed with the primary purpose of reducing illegal youth access to tobacco products. He
further stated that considerable discussion has taken place at the state, county and city levels
regarding the appropriate mechanism to implement the law in individual cities. Director of
Finance'Cip Clerk VanOverbeke stated that Dakota County cities have discussed the merits of
having a similar ordinance county wide. He further made reference to a letter that was addressed
to all communities from the County Administrator, Public Health Director and Dakota County
Ciry Managers Group. Director of Finance VanOverbeke reviewed the Model Tobacco
Ordinance that was developed using a League of Minnesota Cities Model Ordinance. He stated
that there are additional options for reducing youth access to tobacco that will require policy
direction by the City Council before the Tobacco Ordinance is finalized He reviewed five (5)
options which include, 1.) a complete ban on vending machines, 2.) further regulation of self
service of tobacco, 3.) consider regulation requiring sellers to be above the legal age of 18, 4.)
offer incentives to passed compliance checks, and 5.) establish the amount for administrative
penalties.
Director of Finance VanOverbeke first reviewed the potential ban of vending machines
stating that the current Tobacco Ordinance states that vending machines cannot be in buildings
where minors have access After some discussion by the City Council, since evidence has proven
that compliance checks conducted in the establishments where minors are not allowed, they have
found that not onh can minors enter, but have successfully purchased tobacco. The new
ordinance should provide language that includes a complete ban on vending machines.
Director of Finance VanOverbeke presented a second option regarding the ban on self
service tobacco stating that the proposed ordinance bans all self service which is stronger
language than provided in the state law. He stated that the minimum state law bans only the self
service of tobacco sales when it involves a single package of tobacco. He stated that many
establishments sell a tobacco package, combining two or three packages of tobacco into a multi-
pack, which is permissible under the self service regulation. After a brief discussion on this item,
City Councilmembers agreed that the self service sales regulation should be consistent with the
Minnesota State law banning only single packages of tobacco under the self service regulation.
The Director of Finance also reviewed compliance checks and the administrative penalty
issues that require public policy direction. Chief of Police Geagan reviewed the results of
compliance checks that are made on a routine basis by the Police Department. He further stated
that he would prefer that the ordinance require the City to conduct the compliance checks stating
that it would be virtually impossible for the County Sheriffs Department to run compliance
checks on 50+ establishments that currently sell tobacco products in the community. After
Page 8'Special City Council Minutes
March 24, 1998
0('109
further discussion on the item, City Councilmembers determined that the City of Eagan should
enforce the ordinance and provide the compliance checks.
Director of Finance VanOverbeke stated that the final policy consideration is in regards
to the administrative penalties. He stated that the penalties arrived at by the Legislature were a
compromise. Chief of Police Geagan stated that tobacco sales, in many cases, represents a high
Percentage of retail sales for those establishments selling tobacco. He stated that increasing the
license fees will not have nearly the impact that a license revocation would have if an
establishment violates the Tobacco Ordinance. After further consideration, it was the consensus
of the City Council that the fines be left as presented in the proposed ordinance.
Direction was provided that a regulation requiring sellers to be above the legal age of 18
could cause a hardship, additional enforcement problems and would probably not improve
compliance and, therefore, should not be considered.
Director of Finance VanOverbeke stated there are other regulations the City Council
could consider such as limiting the number of tobacco licenses within a prescribed distance of
schools and putting a cap on the number of tobacco licenses that the City may issue to
establishments. City Councilmembers stated these requirements are not necessary for the
ordinance. City Councilmember Wachter stated he would like public policy that would restrict
the number of advertising signs for tobacco products for each establishment. City
Councilmember Awada questioned whether signs have a significant influence on young people
using tobacco related products. After further discussion and a consensus by the City Council,
Mayor Egan asked that the restriction of advertising signs for tobacco related products be referred
to the Planning Commission for their consideration when the sign ordinance is reviewed.
Mayor Egan thanked the staff for its work in coordination of the Tobacco Ordinance and,
further, stated that other Dakota County cities such as Apple Valley, Burnsville and Rosemount
should be consulted in an effort to have some continuity with neighboring cities in the adoption of
Tobacco Ordinances.
GENERAL FUNT BALANCE
City Administrator Hedges stated that the City has maintained a policy that the fund
balance from the General Fund be at a level of 30 to 35 percent of the following year's operating
budget. He further stated that the level is determined to be the amount necessary to provide
adequate working capital for operations and to provide an additional reserve to deal with any
emergencies, revenue shortfalls or opportunities. City Administrator Hedges sated that due to
very successful years of operations in both 1996 and 1997, the Fund Balance has become higher
than the overall policy target set by the City Council and, in order to meet the 35 percent level of
the 1998 budget, a transfer of (4,122,612 is available.
Director of Finance VanOverbeke stated, along with the City Administrator, they have discussed
various alternatives for the use of the money. He stated that the most appropriate use of the
available fund balance is to transfer it to the Equipment Revolving Fund and to the Debt Service
Fund to defense those bonds. He further stated that the elimination of future tax levies through
the use of the money is the highest priority and provides the most obvious and direct
Agenda Information Memo
November 2 Eagan City Council Meeting
B. REQUEST TO DISCUSS LOCATION OF GENERATOR ON MUNICIPAL CAMPUS
ACTION TO BE CONSIDERED:
To approve, deny or defer Tim Dunn's request to relocate standby generator.
ISSUE:
A request from Tim Dunn to have the electncal generator for the Municipal Center campus relocated
from its proposed location west of Denmark Avenue in W'indcrest Park to a location (undefined) next to
City HalUPolice,
BACKGROUND:
In late 1996, staff began a preliminary review of the desirability to situating a generator on the Municipal
Center campus to meet the emergency power needs of the Police and City Hall. In March of 1997 the Cit_N
Council approved a feasibility study for a generator and in March of 1998 approved the preparation of
plans and specifications for the project to proceed. The bid was awarded in late June.
During the review process it was determined that the best location for the generator was at the proposed
location near the sanitary sewer lift station. The alternative location was at the other "head end" at the
Municipal Center near the existing power feed
REQUEST TO RELOCATE:
Staff set a meeting for October 5" with near by residents to determine the need and desirability for
landscaping to help screen the generator from view. The generator is approximately 350 feet from the
closest residential structure. Upon receiving notice of the meeting, Mr. Tim Dunn called the City to voice
his objections to the location, requesting that it be relocated to the Municipal Center campus. Greg
Ingraham, Consultant Planner, was brought into the process to provide a different perspective and help
with a re -review of the siting issues and to assist with the screening design.
In addition, staff has requested that Dakota Energy Alternatives Inc. also re -review the issue of locating
the generator near the Police/City Hall building.
As of the writing of this memo, Dakota Energy Alternatives is still working on a response to the various
issues raised.
ATTACHMENTS:
• Enclosed on page 9 is a copy of letter from Tim Dunn
• Enclosed on page -1q3 is a general site location map.
• Enclosed on pags a copy of Mr Ingraham's letter and attachments.
• Enclosed on page is a copy of Ken Vraa's letter to Dakota Energy Alternatives.
G meUgmeram ¢bortim
�j
Mayor Tom Egan and Council October 08, 1998
3830 Pilot Knob Road
Eagan, Minnesota 55122
RE: Location of power generator in Windcrest Conservancy Park
Dear Mayor and Council:
We recently met with C.J. Lilly and staff in response to your September
letter requesting input on landscaping for the proposed power generator
that will service the Municipal campus. The neighborhood is upset that
the council did not seek our input in locating this generator.
I met with Tom Vagts from Dakota Electric and its clear that the generator
can be located next to the Police station. Moving the generator to your
Municipal area is the right thing to do. We were told that the Police station location
would cost more money, because of screening costs. These costs should be more
than offset by not needing to construct a very long and wide bituminous roadway
through our neighborhood play area.
This generator represents a noisy, smelly intrusion into our neighborhood. Not to
mention the fact that Windcrest Park is a conservancy park which purpose is to
"conserve and manage sensitive natural areas in the community." This generator
is too large and obtrusive to even consider placing in a residential neighborhood.
We the friends of Windcrest Park are requesting you move the generator to
your Municipal campus. We are requesting that the council put this issue on some
upcoming agenda, so the neighborhood can voice our concerns in person.
Sincerely,
FRIENDS OF WINDCREST PARK
cc: Pat Awada, Bea Blomquist. Sandra Mason ,Theodore Wachter
0
n.n ......v .N �u s•1d�✓J 1f•N 1iJ ��n1
Ib
October 6, 1998 lrneuepr rrdnrnre
Tom Hedges, City Administrator /W 1`46r,.p f pngn
City of Eagan Irre use r4remp
3830 Pilot Knob Road
Eagan, MN 55122-1897
Re: Municipal Center Emergency Generator
tiT7"11111io i t
The following are my impressions and suggestions based on the neighborhood meeting
held on October 5, 1998:
A.) Neighborhood Opposition
The neighbors who attended the meeting (4 homeowners who live near the lift station
site) are opposed to the hft station generator site. They were not interested in discussing
landscape screening ideas. They do not want the generator to be located at the lift station
site and do not want their view or "their park" changed. They will be requesting this
issue be brought up with the City Council and the% will ask that the generator be located
at the Police Station site. They are upset about the pool project and this issue further
compounds their frustration.
B.) Lift Station Site
1 feel the lift station site is the appropriate location. In order to minimize the scope of the
land alteration, I recommend the following revisions:
1. Reduce the generator and related equipment footprint to the minimum needed for
proper function.
2. Reduce the access drive to 12 feet wide.
3. Do a tree survey of the construction area and preserve the maximum number of
healthy trees.
4. Add landscaping to screen the generator and related equipment.
5. Offer to add landscaping to help screen the existing lift station and electrical
pedestals.
6. Show comparative raise and emission information for this generator.
2659 0apor, Write South Suite 100 Mmneopk Nh 55408 1612:3772500 16121377 1010 - ,
CA Police Station Site
Further evaluation is needed to determine the feasibility and added cost of placing the
generator at the Police Station.
1. Can the existing generator be removed and replaced by the new larger generator? I
have heard two conflicting opinions regarding the need to keep the existing generator.
Perhaps Ton Vagts could speak with Eagan Police or the Bureau of Criminal
Apprehension to determine the specific requirements. If the existing generator must
remain, the area for the new generator is further reduced.
2. Potential conflicts with existing underground utilities should be evaluated. This could
dramatically effect the construction cost.
3. City Hall and the Police Station appear to be at the standard setback of 50 feet from
the Pilot Knob Road right of way. If the generator and screen wall are determined to
be a "structure", a variance to the setback requirements may be needed.
Attached is a copy of the analysis of the emergency generator site alternatives. I
presented this information to the neighbors, but they did not request a copy of the report.
Please review these items and call me if you want m} firm to further address the above
issues.
Sincerely.
Greg Ingraham. AICP
President
CC: Ken Vraa
C.J. Lilly
Tom Vagts, DEA
9S
Eagan Municipal Center Complex
Emergency Generator Location Analysis
Electrical Site Plan Alternatives
Introduction
The City of Eagan plans to install an emergency generator to supply power to the
Municipal Center Complex (police, city hall and life safety) and utility lift station
during a power outage. The generator will ensure that electrical service to the
area is not disturbed during a blackout.
The following summary is an assessment of three possible locations for the
generator site The assessment is based on the following major issues and
applies an estimated additional cost to each alternative. This additional cost is
the cost to the city in addition to the original plan. The original plan included the
placement of the generator and supporting entities at a site already near an
electrical switch and the creation of a 15' access drive for maintenance
Major Issues
Electncal Switch
In order for the generator to perform properly and not damage the existing
infrastructure, it must be located at a "switch" along the electrical line. Two
switch sites exist within the City Hall Complex, one near the intersection of Pilot
Knob Road and Westcott Road, and one near the southeast corner of the site. If
the generator is placed at a site other than the two switch locations, a new switch
and additional cable and communications are necessary, which adds costs to the
project. The minimum additional cost would be $35,000, plus any screening that
may be necessary.
Visual Aesthetics
The City of Eagan is interested in placing and screening the new generator in a
way so that the new structure is not visually obtrusive to neighbors and passers-
by The City plans to provide whatever screening is necessary to provide an
aesthetically pleasing site plan Noise disturbance is not a major issue, as the
noise created from the new generator will be less than that of a car idling.
Access
The new generator must be located at a site with drive access available In order
to fuel and maintain the generator, a vehicle must be able to have access to the
structure This plays an important role in the selection of the site, in order to
place the generator on a relatively easily accessed area
us�hn��
Site Alternatives
Alternative A
Alternative A is located near the southeast corner of the new pool next to an
existing lift station and utility access (see map). This site is currently vegetated
on the north end of the drive, which is where the siting of the generator is
proposed. This site alternative was chosen for the ability of the vegetation to
hide the generator and the ease of bringing a drive off an existing utility access
This alternative incurs an additional cost of approximately $3500 for additional
and buffering with vegetation (see table) Consultant recommendation for this
site would be to protect and preserve as much of the woody vegetation as
possible to provide an immediate and permanent screen from the neighborhood
residents, and to selectively place new landscaping to further screen the
generator.
Alternative B
Alternative B is located near the police station on the corner of Pilot Knob Road
and Westcott Road. Several utilities and a screen wall already exist in this
location which is near the parking lot for access The existing utilities include a
small emergency generator and storm and sanitary sewer lines. The existing
generator is a requirement for the police station and serves life safety functions
Alternative B would include the removal of a portion of the existing screen wall.
The new generator would be sited directly south of the existing generator and
would require an extension of the screen wall. The additional costs for this plan
would be the revision of the existing wall as well as the construction of the new
section of screen wall. The screen wall would act as a visual barrier from the
roadway. Additional costs are estimated at $16.500
Altemative C
Alternative Site C is located near the newly constructed ice arena building and
parking. Placement of the structure would be behind the buildings, near the
parking lot and drive so as to provide access to the generator. Site C is not
located near a switch and would therefore incur a large additional cost to the
project. The new generator would require a new switch, new communications
and additional cable connecting it to an appropriate switch site. The site would
also need to be screened with vegetation so it would not be visually obtrusive
Additional costs would be from $40,000 to $55,000
Recommendation
Alternative A (lift station site) is the best location for the generator. Care should
be taken to protect existing vegetation, and the City should work with adjacent
residents to selectively place landscaping to screen the generator.
Alternative B is acceptable but has a high ($16,500) additional cost and has
many conflicts with existing underground utilities.
Alternative C is not acceptable due to costs and space limitations
asit��ili
Eagan Municipal Center Complex
Emergency Generator
Electrical Site Plan Alternatives
i—� __Site--Advarrtayes Tgsadvanta�s--�j�,ddMfpiMl Cost' -
--
A . Existing utility . Existing vegetation for ' Private visibility - -- —
easement screen
I At site o1 epsting Some tree removal Supplemental s3,5pp
` electrical switch vegetative screening- -- -
Existing utility access
drive
!�g2ggnb area _ -- --�
Tafel addMioeN cwt for AMerned r A I M1 p —
B Police station At site of exdsting Public visibility Revise exitrtirtg screen $1,500
_uWi!y arM - electrical switch wall _
Drive access available Erostinp utility conflicts Masonry wall to screen 515,000
CTNI.w c arena
MW pw"
W"
_ new generator
Setbadk limitations _
Limited space
— — - Total additional ooet for AMamslire B
!love access available Not a� site with
electrical switch
_ _it61i00
Additional switch,
able, communications -
Setback limitations _ __
Limited !_pace Vtsyatative scnaanirg
- -- -- Total addklonal tit for AMsntMiw C S4o,l)00-
--- -- $55,000
'Cost additional to original generator and associated ut lit es, located at existing vmW point.
3
e
Eagan Municipal Center Complex ,
Generator Location Comparison
O e
Fair Poor
Function
switch
Installation
Space
Acoess
Lxility
Conflicts
Public View
Private View
Tree
Removal
Screening
Additional
Cost
Existing utility
easement
.
,
,
.
,
Q
Q
Vegetation
$3,500
Site A
Police Station
utility, area
,
Q
,
e
e
Wall
$16,500
Site B
New civic
arena rear
area
e
8
/
e
6
Combination
S40,000 -
parking
$55,000
Site C
city of eagan
As 1 mentioned on the telephone, the residents near Denmark Avenue have addressed a letter to City
Administrator Hedges asking that they be placed on a Council Agenda in order to request that the
generator be relocated near to the police building. This is scheduled for the Monday, November 2
meeting
The residents letter states that you indicated the generator could go there, implying that there are no other
issues that might prohibit it from being sighted there. Planning consultant Greg Ingraham followed up
with a letter that indicates there were some question as to why the existing police generator could not be
replaced with the new one. Residents may now believe that this is an option. It was my understanding
from the electrical consultant that this was not feasible. The reason stated was that the new generator
must be on the primary electrical line, while the police generator must be wired in aper the transformer.
This was the requirement of the Department of Corrections since the existing generator is considered a
life safer\ generator and supplies the electrical needs for the jail holding cells This requirement
precludes the replacement of the existing unit
Would you please re -review this issue with the electrical consultant and also with the appropriate staff
from the Department of Corrections to clarify. It would also be appropriate for you and our electrical
consultant to revicw the earlier data regarding the costs and constraints for the placement of the generator
at the City Hall,'Police location that were developed early in this review process. If you believe that there
is a location that presents an option from an electrical engineering perspective, please prepare a location
map so this can be reviewed by other City staff, i.e. planning, engineering and inspections for compliance
with other code requirements. Please try to have this completed and back to me by October 26" so there
is ample time for review by the City.
Thanks for vow ppetript attention to this issue.
e
Ken Vn—,
Director of Park and Recreation
cc: Tom hedges,
THOMAS EGAN
MOV0,
October 15, 1998
MUNICIPAL CENTER
363C c KNOB rCAD
THE LONE OAK TREE
PATRICIA AWADA
-OT
EAGA1% MAMJESOTA 55122.1597
BEA BLOMOUIST
3501 "''-IAC-'.'A', -Z)1%
SANDRA A MASIN
THEODORE wACHTEr
Mr. Tom Vagts
C01nte Mq„wK
Dakota Energy Alternatives, Inc
THOMAS HEDGES
4300 - 220`" Street West
C&v Ao .. "O -o,
Farmington, M\ 55024-9583
E J VAN OVERBEKE
CM Crrk
Dear Tom,
As 1 mentioned on the telephone, the residents near Denmark Avenue have addressed a letter to City
Administrator Hedges asking that they be placed on a Council Agenda in order to request that the
generator be relocated near to the police building. This is scheduled for the Monday, November 2
meeting
The residents letter states that you indicated the generator could go there, implying that there are no other
issues that might prohibit it from being sighted there. Planning consultant Greg Ingraham followed up
with a letter that indicates there were some question as to why the existing police generator could not be
replaced with the new one. Residents may now believe that this is an option. It was my understanding
from the electrical consultant that this was not feasible. The reason stated was that the new generator
must be on the primary electrical line, while the police generator must be wired in aper the transformer.
This was the requirement of the Department of Corrections since the existing generator is considered a
life safer\ generator and supplies the electrical needs for the jail holding cells This requirement
precludes the replacement of the existing unit
Would you please re -review this issue with the electrical consultant and also with the appropriate staff
from the Department of Corrections to clarify. It would also be appropriate for you and our electrical
consultant to revicw the earlier data regarding the costs and constraints for the placement of the generator
at the City Hall,'Police location that were developed early in this review process. If you believe that there
is a location that presents an option from an electrical engineering perspective, please prepare a location
map so this can be reviewed by other City staff, i.e. planning, engineering and inspections for compliance
with other code requirements. Please try to have this completed and back to me by October 26" so there
is ample time for review by the City.
Thanks for vow ppetript attention to this issue.
e
Ken Vn—,
Director of Park and Recreation
cc: Tom hedges,
City Administrator /O O
Greg Ingraham, Planning Consultant
MUNICIPAL CENTER
363C c KNOB rCAD
THE LONE OAK TREE
MAI"NANCE FACILITY
-OT
EAGA1% MAMJESOTA 55122.1597
THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
3501 "''-IAC-'.'A', -Z)1%
PHONE (651)651 J000
EAGAN MINNESOTA $5122
FAX (651) 661-4612
Equol OPPOKUMV Emplover
6 (051)6
50
(651) 45' •550
FAX (65I)OV-450
T00 (e51)A54-55J5
tpO (651) 4544536
DD
Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
IX. NEW BUSINESS
ACTION TO BE CONSIDERED:
r To approve or deny a Conditional Use Permit to allow the establishment of a forklift
sales, leasing and service facility upon a 1.7 acre site located north of Lone Oak Road
and west of Lone Oak Circle subject to the conditions listed in the APC meeting
minutes.
e To approve or deny a Conditional Use Permit to allow the outdoor storage of
forklifts and related materials upon the property upon a 1.7 acre site located north of
Lone Oak Road and west of Lone Oak Circle subject to the conditions listed in the
APC meeting minutes.
FACTS:
r The proposed use would occupy an existing 21,600 square foot structure that
presently exists upon the site.
Y No physical changes to the site's existing structure have been proposed. The
applicant intends to utilize existing hard surface areas for off-street parking, forklift
display and outdoor storage.
r The applicant intends to utilize portions of the site's east parking lot for the display of
forklifts and outdoor storage. The proposed display area would overlay two existing
off-street parking stalls located at the southeast comer of the building. The proposed
outdoor storage area is to be located in the extreme northeast comer of the site,
overlaying four existing off-street parking stalls. The outdoor storage area would be
screened via a fence (material not specified).
r At their regular meeting on October 27, 1998, the Advisory Planning Commission
held a public hearing to consider the Conditional Use Permits and recommended
approval subject to the conditions listed in the APC meeting minutes.
BACKGROUND/ATTACHMENTS
October 27, 1998 A��P,C`� ,,
Meeting Minutes page/0v2—/03
Staff report, pages 16 through �z o
/0/
Page 2
October 27, 1998
ADVISORY PLANNING COMMISSION MINUTES DRAFT
fail -wel ,I:" .I laely
CONDITIONAL USE PERMITS
RDO MATERIAL HANDLING COMPANY
Commission Chair Hey] opened the first public hearing of the evening regarding a
Conditional Use Permit to allow outdoor storage and a Conditional Use Permit to allow selling,
leasing, and service of forklifts at 1985 Lone Oak Circle located on Lot 2, Block 1, Eagandale
Center Industrial Park No. 11 in the SW 114 of Section 2.
Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in
the City staffs planning report dated October 21, 1998. Mr. Kirmis noted the background and
history; the surrounding uses, and the existing conditions of the subject property.
RDO Representative Don Webster stated that he was available for questions.
Chair Heyl closed the public hearing.
Member Frank expressed that he felt additional landscaping was necessary in the areas
suggested in the staff report.
Member Steininger inquired as to the type of fence material proposed as an enclosure for
the outdoor storage area. Mr. Webster replied that this had not yet determined, but RDO would
work with staff to find an acceptable material. Further discussion took place regarding an
appropriate screening material. Discussion occurred regarding changing Condition #6 and #12.
Member Carlson moved; Member Frank seconded, a motion to recommend approval of
the Conditional Use Permit to allow outdoor storage and a Conditional Use Permit to allow
selling, leasing, and service of forklifts at 2985 Lone Oak Circle located in the Eagandale Center
Industrial Park No. 11 in the SW 1/4 of Section 2 subject to the following conditions:
The Conditional Use Permits shall be recorded within 60 days of their approval by the
City Council.
2. City Officials determine that limited outdoor display is customary and incidental to the
proposed use.
3. The proposed outdoor storage area shall be shifted westward to lie not less than 40 feet
from the adjacent Lone Oak Circle right-of-way.
4. Outdoor storage activities shall be confined to the rear area of the site within the area
specifically designated on the site plan.
/off
Page 3
October 27, 1998 DRAFT
ADVISORY PLANNING COMMISSION MINUTES 1
5. Forklift display shall be confined to the area graphically identified upon the site plan and
limited to a maximum of two vehicles.
G. The screening provided around the outdoor storage area shall consist of a solid fence.
7. The height of the materials stored outdoors shall not exceed the height of the fence used
to screen such materials.
8. The site plan shall be modified to illustrate an ability to provide 44 off-street parking
stalls as required by the City Code.
9. All trash and recycling containers shall either be stored indoors or within an enclosure in
compliance with applicable City Code requirements.
10. All site signage shall comply with applicable provisions of the City Sign Code.
11. All building, parking/drive aisles, and landscaped areas shall be properly maintained.
12. Additional landscaping shall be provided along the east side of the property.
13. All exterior lighting shall be hooded and directed to deflect light away from adjacent
properties and rights-of-way.
The vote was 5/1 in favor with Member Steininger voting against. Member Steininger
commented that his Nay vote was not a reflection on the proposed use, but rather the requirement
for a solid fence when Roadway Company located near the subject property encloses its storage
of trailers with chain link fencing.
/03
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: October 21, 1998 CASE: 02 -CU -17-09-98
APPLICANT: RDO Material Handling HEARING DATE: October 27, 1998
PROPERTY OWNER: Teacher's Insurance & Annuity PREPARED BY: Bob Kirmis
REQUEST: Conditional Use Permit
LOCATION: 2985 Lone Oak Circle
COMPREHENSIVE PLAN: IND, Limited Industrial
ZONING: I-1, Limited Industrial
RDO Material Handling is requesting approval of a Conditional Use Permit to allow:
1.) The establishment of a forklift sales, leasing and service facility and 2.) The outdoor storage
of forklifts and add-on forklift equipment upon a 1.7 acre site located north of Lone Oak Road
and west of Lone Oak Circle. The property is legally described as Lot 2, Block 1, Eagandale
Center Industrial Park No. 11.
The proposed use would occupy an existing 21,600 square foot structure that presently exists
upon the site.
Conditional Use Permit
City Code Chapter 11, Section 11.40, Subdivisions 4C and 41) provide the following
Subdivision 4C states that the Planning Commission shall recommend a conditional use permit
and the Council shall issue such conditional use permits only if it finds that such use at the
proposed location:
A. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
B. Will be harmonious with the general and applicable specific objectives of the Comprehensive
Plan and City Code provisions.
/o y
Planting Report — RDO Material Handling
October 27, 1998
C. Will be designed, constructed, operated and maintained so as to be compatible in appearance
with the existing or intended character of the general vicinity and will not change the
essential character of that area, nor substantially diminish or impair property values within
the neighborhood.
D. Will be served adequately by essential public facilities and services, including streets, police
and fire protection, drainage structures, refuse disposal, water and sewer systems and
schools.
E. Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be hazardous or detrimental to any persons, property or the general welfare because
of excessive production of traffic, noise, smoke, fumes, glare or odors.
F. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
G. ol'ill not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
Subdivision 41), Conditions. states that in reviewing applications of conditional use permits, the
Planning Commission and the Council may attach whatever reasonable conditions they deem
necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value
of other property within the district, and to achieve the goals and objectives of the
Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall
require such evidence and guarantees as it may deem necessary as proof that the conditions
stipulated in connection therewith are being and will be complied with.
In addition to the requirements for a conditional use permit listed above, Cite Code Section
11. 10, Subdivision 29.2, C, lists performance standards for outdoor storage as follows:
Outdoor storage items shall be placed within an enclosure as necessary to achieve
appropriate security and containment or for public safety reasons when determined
necessary by the city. In general business (GB) and community shopping center (CSC)
zoning districts, the enclosure shall be attached to the principal building and be constructed
of materials which are aesthetically compatible with the principal building. In limited
industrial (1-1) and general industrial (I-2) zoning districts, the enclosure may be detached
from the principal building.
The storage area shall be located in the side or rear yards and shall not encroach into any
required front building setback area or other required setbacks.
Planning Report — RDO Material Handling
October 27, 1998
Page 3
3. The outdoor storage area shall be screened from view from the public right-of-way and
from any adjacent property which is designated for residential uses in the comprehensive
guide plan.
4. The storage area shall not interfere with any pedestrian or vehicular movement.
5. The storage area shall not take up required parking spaces or landscaping areas.
6. The storage area shall be surfaced with concrete or an approved equivalent to control dust
and erosion. The surface shall be properly maintained to prevent deterioration.
PAIN It" $101W ID W4 ki I1
The proposed forklift sales, leasing and service facility is to overlay approximately 1.7 acres of
land located north of Lone Oak Road and west of Lone Oak Circle (Lot 2, Block 1, Eagandale
Center Industrial Park No. 11). The Eagandale Center Industrial Park No. 11 was platted in the
summer of 1995. The subject site is currently occupied by a 21,600 square foot office warehouse
building that was also constructed in 1995. The building was previously ]eased by "The
American Shoe Warehouse".
According to the applicant, the interior building space would be used for the warehousing of
forklifts and parts inventory and related administrative activities (office space). The majority of
forklifts would be delivered to the customer site by the company's delivery truck. Parts would
typically be shipped to customers via private delivery service (i.e. UPS). While the proposed use
would include an interior service area, the majority of service work would be performed at the
customer location from company service vans.
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
North- Industrial; zoned 1-1, guided IND
South- Industrial; zoned I-1, guided IND
East - Industrial and public (Eagan Fire Station); zoned I-1, guided IND
West - Industrial; zoned I-1; guided IND
141X61 NO Kalil
Compatibility with Surrounding Area - The subject site is bounded on all sides by properties
zoned and guided for Limited Industrial use. Provided the proposed outdoor storage area is
/U6
Planting Report - RDO Material Handling
October 27, 1998
Paee 4
properly screened, the proposed use is not anticipated to adversely affect surrounding industrial
uses.
AAii port Noise ConsiderationR - The City of Eagan considered airport noise as a factor in its
Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter
in its Metropolitan Development Guide that anticipates the impacts from the continued operation of
the airport at its current location. The noise policy contours in northern Eagan place the subject
property within Noise Zone III. In this noise zone, an industrial use is consistent.
Site Plan - No physical changes to the site's existing structure have been proposed. The
applicant intends to utilize existing hard surface areas for off-street parking, forklift display and
outdoor storage. Specifically, the applicant intends to utilize portions of the site's east parking
lot for the display of forklifts and outdoor storage. The proposed display area would overlay two
existing off-street parking stalls located at the southeast comer of the building. The proposed
outdoor storage area is to be located in the extreme northeast comer of the site, overlaying four
existing off-street parking stalls. The outdoor storage area would be screened via a fence
(material not specified).
Lone Oak Circle Realignment - Beginning in the spring of 1999, Lone Oak Circle is to be
reconstructed to align with Armstrong Boulevard to the south. At such time when the new Lone
Oak Circle/Lone Oak Road intersection is completed, the existing Lone Oak Circle access to
Lone Oak Road will terminate. This realignment will have the effect of making the southwest
area of the site more visible to northbound vehicular passersby.
Dicey Activities - While Section 1 1.10 Subd. 29.1 of the City code limits outdoor display
activities to commercial zoning districts, question exists whether such activity is customary and
incidental to vehicle sales and leasing activities which are conditionally allowed in the applicable
I-1 zoning district. The acceptability of such accessory activity is considered a policy matter to
be determined by City Officials.
As shown on the submitted site plan, the applicant wishes to display forklifts in the southeast
area of the site. The proposed display area would overlay two existing off-street parking stalls
near the southeast comer of the building. Should the City determine that outdoor display is
customary and incidental to the proposed use (and is acceptable), the display area should be
confined to the area graphically identified on the site plan and not overlay any additional
required parking spaces of the principal use.
Off -Street Parking_- The Zoning Ordinance does not include a specific off-street parking
requirement for sales, leasing and service facilities such as that proposed. The following off-
street parking requirement is, however, considered aDDlicable.
Use
Ratio
Required Spaces
Office (2,560 NSF)
1 space per 150 NSF
17
Warehouse (18,400 GSF)
1 space per 400 GSF (<6,000 sf)
1 space per 1,000 GSF (>6,000 sf)
15
12
Total
44
/a�
Planning Report — RDO Material Handling
October 27, 1998
With an off-street parking supply of 36 spaces, a deficit of ten spaces exists upon the subject
property. As a condition of CUP approval, the site plan should be modified to illustrate a
reasonable manner in which ten additional stalls could be constructed if the need were to arise. It
appears that additional parking could be constructed in the northwest area of the site.
According to the Minnesota State Council on Disability, an off-street parking area containing 26
to 50 stalls must provide a total of two handicap spaces. Thus, applicable handicap parking
requirements have been satisfactorily met.
Outside Storage - According to the applicant, outdoor storage activities are to take place in the
extreme northeast area of the site, overlaying four off-street parking stalls. Outdoor storage is to
be comprised of forklifts and forklift attachments.
According to section 11.10 Subd. 29.2.0 of the City Code, outdoor storage areas must be located
in side or rear yards and may not encroach into any required front building setback area. The
proposed outdoor storage area is shown to lie approximately 35 feet from the adjacent Lone Oak
Circle right-of-way. To fully comply with applicable City Code requirements, the outdoor
storage area should be shifted slightly to the west so as not to lie not less than 40 feet from the
adjacent Lone Oak Circle right-of-way.
Fencing - According to the City Code, outdoor storage areas must be screened from view from
the public right-of-way. As shown on the submitted site plan, both the proposed outdoor storage
area and a portion of the east parking lot are proposed to be fenced. As a condition of CUP
approval, the height of the materials stored outdoors should not exceed the height of the fence
used to screen such materials.
The applicant has indicated that the proposed fencing of a portion of the off-street parking area
relates to a desire to secure the area and screen the building's existing loading area. While the
City Code does not establish specific material requirements for fencing, the storage area's
visibility from Lone Oak Circle may make a "higher quality" fence (other than chain link)
desirable in this instance. This issue should be subject to recommendation by the APC and
determination by the City Council.
Trash Enclosure - The submitted site plan does not illustrate a trash enclosure location. As a
condition of CUP approval, all trash and recyclable containers must be either stored within the
principal building or stored within an enclosure in compliance with applicable City Code
requirements.
$jgnagg - The submitted site plan and building elevations do not specify signage locations or
areas. As a condition of CUP approval, all site signage should comply with applicable
provisions of the City Code.
landSGalJno - While not depicted upon the site plan, a variety of landscaping currently exists
upon the subject property, including several low-level plantings directly east of the proposed
/e�y
Planning Report - RDO Material Handling
October 27, 1998
Page 6
outdoor storage area. To visually enhance the site and visual impact of the outdoor storage area,
consideration should be given to providing additional plantings along the east side of the
property to minimize the visual impact of proposed site fencing.
Site Lighting - No new lighting has been proposed as part of the applicant's development
proposal. As a condition of CUP approval, all exterior lighting should be hooded and directed to
deflect light away from adjacent properties and rights-of-way.
The applicant is requesting a Conditional Use Permit to allow the establishment of a forklift
sales, leasing and service facility upon a 1.7 acre site located north of Lone Oak Road and west
of Lone Oak Circle. Additionally, a Conditional Use Permit has been requested to allow the
outdoor storage of forklifts and related materials upon the property.
Provided the proposed outdoor storage area is properly screened and the applicant can
demonstrate that additional off-street parking could be constructed on site should the need arise,
it appears that the proposed use can be compatible with other uses in the area.
A. To recommend approval or denial of a Conditional Use Permit to allow the establishment of
a forklift sales, leasing and service facility upon a 1.7 acre site located north of Lone Oak
Road and west of Lone Oak Circle
B. To recommend approval or denial of a Conditional Use Permit to allow the outdoor storage
of forklifts and related materials upon the property upon a 1.7 acre site located north of Lone
Oak Road and west of Lone Oak Circle
If approved, the following conditions should apply:
1. The Conditional Use Permits shall be recorded within 60 days of their approval by the Cite
Council.
City Officials determine that limited outdoor display is customary and incidental to the
proposed use.
3. The proposed outdoor storage area shall be shifted westward to lie not less than 40 feet from
the adjacent Lone Oak Circle right-of-way.
Outdoor storage activities shall be confined to the rear area of the site within the area
specifically designated on the site plan.
W ,
Planning Report — RDO Material Handling
October 27, 1998
Paze 7
5. Forklift display shall be confined to the area graphically identified upon the site plan and
limited to a maximum of two vehicles.
6. City Officials shall consider specifying acceptable fencing type (used to screen the proposed
outdoor storage area).
7. The height of the materials stored outdoors shall not exceed the height of the fence used to
screen such materials.
8. The site plan shall be modified to illustrate an ability to provide 44 off-street parking stalls as
required by the City Code.
9. All trash and recycling containers shall either be stored indoors or within an enclosure in
compliance with applicable City Code requirements.
10. All site signage shall comply with applicable provisions of the City Sign Code.
11. All building, parking/drive aisles, and landscaped areas shall be properly maintained.
12. Consideration is given to providing additional landscaping along the east side of the property
to minimize the visual impact of proposed site fencing.
13. All exterior lighting shall be hooded and directed to deflect light away from adjacent
properties and rights-of-way.
// V
FINANCIAL OBLIGATION 02 -CU -17-10-98 & 02 -CU -17-09- LOT 2, BLOCK 1,
EAGANDALE CENTER INDUSTRIAL PARK #11 — RDO MATERIAL HANDLING
There are pay-off balances of special assessments in the amount of 53,933 on the parcel for
which the Conditional Use Permit is requested
At this time, there are pending assessments in the amount of 530,480 on the parcel for which the
Conditional Use Permit is requested. This pending is related to Project 668, which provides for a
street improvement to the property
Based upon the study of the financial obligations collected in the past and the uses proposed for
the property, the following charges are noted. The collection of this financial obligation is not a
condition for the approval of the Conditional Use Permit The Financial Obligation will be
collected at time of connection to the City's Utility System
IMPROVEMENT
TOTAL
USE RATE
QUANTITY AMOUNT
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DevelopmentlDeveloper. RDO Material Handling Co.
Application: Conditional Use Permit
Case No.: 02 -CU -18-09-98
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Agenda Information Memo
November 2, 1998 Eagan City Council
I1111110)XI 319 31 111a I In I'll 311"111110V
ACTION TO BE CONSIDERED:
To approve or deny a Conditional Use Permit to allow a 12,000 -gallon above ground fuel
storage tank on property located at 3659 Kennebec Drive, legally described as Part of Lot 1, and
Part of Lot 2, Block 3, Cedar Industrial Park, in the NW 1/4 of Section 17, subject to conditions
listed in the APC minutes.
FACTS:
Freightmasters has a 153,000 square foot warehouse that operates as a truck and freight
terminal at 3695 Kennebec Drive. Their facility at 3659 Kennebec Drive is used for truck
and trailer parking and equipment maintenance. Freightmasters is proposing to install an
above -ground diesel fuel storage tank at their storage and maintenance facility for use by
their company vehicles.
The site and surrounding properties are zoned 1-I, Limited Industrial. The location of the
proposed tank appears to satisfy the performance standards in the City Code for outdoor
storage.
The City Fire Marshal has reviewed the plans and indicated that the proposed fuel tank meets
Uniform Fire Code requirements. In addition to City review of the Conditional Use Permit,
the tank must be reviewed by the State Fire Marshal prior to installation.
The APC held a public hearing on October 27, 1998, and recommended approval of the
Conditional Use Permit, subject to the conditions in the APC minutes.
ATTACHMENTS:
October 27, 1998 APC Minutes, pa eseee:S}r_
Staff report, pages" through
Page 4
October27, 1998 DRAFT
ADVISORY PLANNING COMMISSION MINUTES
CONDITIONAL USE PERMIT
FREIGHTMASTERS
Commission Chair Hey] opened the next public hearing of the evening regarding a
Conditional Use Permit to allow an above -ground fuel storage tank at 3659 Kennebec Drive,
legally described as part of Lots I and 2, Block 3, Cedar Industrial Park, in the NW 1/4 of
Section 17.
Associate Planner Dudziak introduced this item. Ms. Dudziak highlighted the
information presented in the City staffs planning report dated October 20, 1998. Ms. Dudziak
noted the background and history, the surrounding uses and the existing conditions of the subject
property.
Freightmasters Representative Ron Have shared a photograph of a similar fuel storage
tank. In response to questions, he explained the type of bollard barrier that will be provided
around the tank that will hold diesel fuel.
Chair Heyl closed the public hearing.
Member Steininger moved, Member Bakken seconded, a motion to recommend approval
of the Conditional Use Permit to allow an above -ground fuel storage tank on property located at
3659 Kennebec Drive legally described as Part of Lots 1 and 2, Block 3, Cedar Industrial Park,
in the NW 1/4 of Section 18 subject to the following conditions:
The Conditional Use Permit shall be recorded at Dakota County within 60 days of
Council approval and proof of recording submitted to the city.
2. The tank shall be located in the rear yard as shown on the site plan dated September 11,
1998,
3. A protective barrier that is acceptable to the City Fire Marshall shall be installed around
the tank.
4. The applicant shall provide to the City proof of the State Fire Marshal's review and
approval of the fuel tank prior to its installation.
5. The fuel tank shall be used solely for fueling the occupant's company vehicles. Fuel sales
to others shall not be allowed.
All members voted in favor.
// g
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: October 20, 1998
APPLICANT: Freightmasters, Inc.
PROPERTY OWNER: Ronald Have
REQUEST: Conditional Use Permit
LOCATION: 3659 Kennebec Drive
COMPREHENSIVE PLAN: IND, Limited Industrial
ZONING: I-1, Limited Industrial
SUMMARl OF REQUEST
CASE: 18 -CU -18-09-98
HEARING DATE: October 27, 1998
PREPARED BY: Pam Dudziak
Freightmasters is requesting approval of a Conditional Use Permit to allow a 12,000 -gallon
above ground fuel storage tank on property located at 3659 Kennebec Drive, legally described as
Part of Lot I and Part of Lot 2, Block 3, Cedar Industrial Park, in the NW 114 of Section 17,
AUTHORITY FOR REN"IEN'
City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following.
Subdivision 4C states that the Planning Commission shall recommend a conditional use permit
and the Council shall issue such conditional use permits only if it finds that such use at the
proposed location:
A. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
B. Will be harmonious with the general and applicable specific objectives of the Comprehensive
Plan and City Code provisions.
C. Will be designed, constructed, operated and maintained so as to be compatible in appearance
with the existing or intended character of the general vicinity and will not change the
essential character of that area, nor substantially diminish or impair property values within
the neighborhood.
Planning Report
Freightmasters
D. Will be served adequately by essential public facilities and services, including streets, police
and fire protection, drainage structures, refuse disposal, water and sewer systems and schools.
E. Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be hazardous or detrimental to any persons, property or the general welfare because
of excessive production of traffic, noise, smoke, fumes, glare or odors.
F. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the
Planning Commission and the Council may attach whatever reasonable conditions they deem
necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value
of other property within the district, and to achieve the goals and objectives of the
Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require
such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in
connection therewith are being and will be complied with.
In addition to the requirements for a conditional use permit listed above, the I-1 zoning district
subject above ground fuel storage tanks to the regulations for outdoor storage. City Code
Section 11.10, Subdivision 29.2, C, lists performance standards for outdoor storage as follows:
Outdoor storage items shall be placed within an enclosure as necessary to achieve
appropriate security and containment or for public safety reasons when determined
necessary by the city. In general business (GB) and community shopping center (CSC)
zoning districts, the enclosure shall be attached to the principal building and be constructed
of materials which are aesthetically compatible with the principal building. In limited
industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached
from the principal building.
2. The storage area shall be located in the side or rear yards and shall not encroach into anv
required front building setback area or other required setbacks.
The outdoor storage area shall be screened from view from the public right-of-way and
from any adjacent property which is designated for residential uses in the comprehensive
guide plan.
The storage area shall not interfere with any pedestrian or vehicular movement.
The storage area shall not take up required parking spaces or landscaping areas.
/ Q O
Planning Report
Freightmasters
The storage area shall be surfaced with concrete or an approved equivalent to control dust
and erosion. The surface shall be properly maintained to prevent deterioration.
BACKGROUND/HISTORI'
Cedar Industrial Park was platted in 1967. A Conditional Use Permit was issued in 1978 for the
storage of trailers, and the existing metal building was constructed in 1979. The Freightmasters
facility at 3659 Kennebec Drive is used for truck and trailer parking and equipment maintenance.
The applicant owns other property in Eagan. Freightmasters has a 153,500 square foot
warehouse building that operates as a truck and freight terminal located at 3695 Kennebec Drive.
Freightmasters received a Conditional Use Permit and constructed the building on that property
in 1994.
EXISTING CONDITIONS
Freightmasters operates a truck repair shop on this site. The property contains an existing 50' by
60' two-story building and a communications tower that was constructed at the west end of the
site in 1995. The communications tower %as made taller in 1997. The lot is paved with curb
and gutter around part of the lot; precast concrete was allowed instead of curbing along the north
and west edges of the lot. A chain link fence surrounds the site.
1 AI
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
North - Freightmasters; zoned I-1 (Limited Industrial); guided IND (Limited Industrial)
South - Herregan Distributors, Inc.; zoned I -l; guided IND
East - Multi -tenant office warehouse; zoned 1-1; guided IND
West - Seneca Wastewater Treatment Facility; zoned I-1; guided INS
I47.11 It" I COXXII a NX41011 *31
Compatibility with Surrounding Area - The purpose for the Conditional Use Permit is to allow
an above -ground diesel fuel storage tank to be installed on the site. The applicant indicates that
the tank would be used to dispense fuel for Freightmasters' company trucks. The fuel tank is
proposed to be located near the center of the site, behind the building.
Land scapine!Screenine - City Code requires screening of parking and storage areas from the
public right-of-way. Screening between industrial properties is not required. Existing
landscaping and screening includes a mix of overstory trees and deciduous shrubs along the
front, and vines along the fence. No additional landscaping is proposed for the site.
Access'Circulation - Access to the site is provided from Kennebec Drive. Adequate access and
internal circulation is provided on the site for business operations and emergency vehicles.
Planting Report
Freightmasters
Page 4
Outdoor Storage Standards - The fuel tank is proposed to be located to the rear of the building
and will be surrounded by protective bollards. Screening is discussed in the Landscaping:'
Screening section above. All surrounding properties are industrial; none of the adjacent
properties are guided or zoned for residential use. The location of the tank appears to allow
adequate room for vehicles to maneuver without interference. The tank does not take up required
parking or landscaping areas. The area surrounding the tank is surfaced with bituminous and the
tank will be located on a concrete pad.
The City Fire Marshal has reviewed the plans and has indicated that the package fuel tank meets
the requirements of the Uniform Fire Code for Flammable and Combustible Liquids.
Additionally, the tank must be reviewed by the State Fire Marshal prior to installation.
SUM'.NARY/CONCLUSIOI
The purpose of the Advisory Planning Commission's review of a Conditional Use Permit is to
ensure compatibility with the surrounding area. The fuel tank is proposed to fuel the applicant's
company vehicles only. The site is zoned industrial and is surrounded by other industrial
development. The location of the tank behind the building and near the center of the site meets
setbacks for outdoor storage.
ACTIO\ TO BE CONSIDERED
To recommend approval or denial of a Conditional Use Permit to allow an above ground fuel
storage tank on property located at 3659 Kennebec Drive, legally described as Part of Lot 1,
Block 3, and Part of Lot 2, Block 3, Cedar Industrial Park, in the NW 1/4 of Section 17. If
approved, the following conditions should apply:
The Conditional Use Permit shall be recorded at Dakota County within 60 days of Council
approval and proof of recording submitted to the city.
2. The tank shall be located in the rear yard as shown on the site plan dated September 11, 1998,
3. A protective barrier that is acceptable to the City Fire Marshall shall be installed around the
tank.
4. The applicant shall provide to the City proof of the State Fire Marshal's review and approval
of the fuel tank prior to its installation.
S. The fuel tank shall be used solely for fueling the occupant's company vehicles. Fuel sales to
others shall not be allowed.
la a
FINANCIAL OBLIGATION 18 -CU -19-09-98 PART LOTS 1 & 2, BLOCK 3, CEDAR
INDUSTRIAL PARK - FREIGHTMASTERS
Conditional Use Permit - There are pay-off balances of special assessments totaling S3,940on
the parcels for which the Conditional Use Permit is requested.
At this time, there are pending assessments totaling S -0 -on the parcels for which the Conditional
Use Permit is requested
Based upon the study of the financial obligations collected in the past and the uses proposed for
the property, the following charges are noted. The collection of this financial obligation is not a
condition for the approval of the Conditional Use Permit The Financial Obligation will be
collected at time of connection to the City's Utility System
IMPROVEMENT USE RATE QUANTITY AMOUNT
None S -0 -
TOTAL
�a3
Location Map
1000 0 1000 Fr
11000•
Development/Developer. Frelghtmasters
Application: Conditional Use Permit
Case No.: 1g -CU -18-09-88 r
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The CNy M NOW wN awkab Cwwq N wwt Saw.wMaa the awawnry to" 1nlaw w"On.
Zoning Map
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Development/Developer. Freightmasters
Case No.: 18 -CU -18-09-98
Current Zoning: 1-1 Limited Industrial*�-/
City of Eagan
fir, e
Wrt THIS tl 1{ IN END[D FDA AIFIEuNC[ USE ONLY
•^�I •'-�•,f Th. CNy a Ral'. � D"N- c4-Mv N wa! W� IM "C.M.Y 0 tl 1. Iw or w gl a 5
Comprehensive Guide Plan
Land Use Map
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Development/Developer. Freightmasters
Case No.: 18 -Cu -18-09-98
Current Guide Plan Designation: IND Limited Industrial
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FREIGHTMASTERS
September 16, 1998
CITY OF EAGAN
Planning Department
3830 Pilot Knob Road
Eagan, NP4 55122
Dear Sirs
The property, at 3659 Kennebec Drive, is used for truck and trailer parking and equipment
maintenance. It is our desire to install an above ground fuel storage tank to dispense fuel to our
company trucks. The design of the tank is a full double wall to assure positive leak containment
It also includes all dispensing pumps and safety shutoffs and monitoring -- all factory designed and
installed. The area all round the properly is used for truck and equipment operations.
Sincerely,
Ronald A. Have
President
3703 KENNEBEC DRIVE EAGAN, MINNESOTA 551221 (651) 688.6800
MEMO
city of eagan
MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: OCTOBER 30, 1998
SUBJECT: AGENDA INFORMATION FOR NOVEMBER 2, 1998 CITY COUNCIL
MEETING
ADOPT AGENDA/APPROVE MINUTES
After approval is given to the November 2, 1998 City Council agenda, the minutes of the
October 20, 1998 regular City Council meeting and the minutes of the October 29, 1998 and the
October 13, 1998 special City Council meetings, the following items are in order for
consideration.
Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
IV. RECOGNITIONS & PRESENTATIONS
A. RECOGNITION OF POLICE OFFICER RODGER SLATER
FOR 30 YEARS OF SERVICE
ACTION TO BE CONSIDERED:
To recognize Police Officer Rodger Slater for 30 years of service.
FACTS:
• At the recent Employee Recognition Picnic, Officer Slater was recognized for his 30
years of service as an Eagan Police Officer.
• Officer Slater began his career in 1968 when Eagan was a township and the
population was approximately 7,500. He has played an important role as a police
officer during the enormous growth of the City in the past 30 years.
• During his career, Officer Slater has received over 70 letters of appreciation and
recognition from the community and the Police Department. His interest in
emergency medical response evidence collection and fingerprinting makes him an
invaluable member of the department.
• Officer Slater is the first employee to have worked for the City for this length of time.
0
Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
DEPARTMENT HEAD BUSINESS
A. CONVENTION & VISITORS BUREAU
1998-99 MARKETING PLAN AND BUDGET
ACTION TO BE CONSIDERED:
To approve the 1998-99 Marketing Plan and Budget for the Eagan Convention & Visitors
Bureau.
FACTS:
The by-laws of the Eagan Convention & Visitors Bureau require City Council
approval of the operating budget.
Staff has reviewed the revenue projections and feels they are reasonable.
Ann Carlon, Executive Director of the CVB, will be present at Monday's Council
meeting to discuss the proposed budget and marketing plan.
ATTACHMENTS:
• Report identifying upcoming CVB promotional activities and Eagan hotel industry
statistics enclosed on pages `l through Jr .
• Budget document and marketing plan enclosed without page number.
WA
Report to the Eagan City Council November 2, 1998 6:30pm
Eagan's 25th Anniversary 1974-1999:
Rooted in the Past: Branching out into the Future.
Eagan is celebrating its 25h Anniversary in 1999, and the Eagan Convention & Visitors
Bureau is organizing a year-long celebration. Following a city-wide contest to develop a
logo and slogan, the winner was Bryan Roberts, 17, a student at Eagan High School. The
Silver Anniversary Community Committee selected Roberts' design from more than 30
submitted entries. Coca-Cola is one of our major sponsors and they provided the prizes
for the top 5 entries which were awarded at Lone Oak Days at the Holz Farm. Watch for
more details as the anniversary year approaches and we invite you to become involved in:
The Eagan CVB Winter Promotion is:
Strike Gold with Eagan's Silver Anniversary Sweepstakes
Between November 1998 -May 1999, seven lucky winners will receive a $1,000
Shopping Spree at the !Mall of America. To qualify for entries, ask for the Silver
Anniversary Room Special at one of Eagan's seven participating hotels. In honor of the
city's 25th Anniversary, guests receive 25% off room rates on Friday, Saturday and
Sunday night stays plus a $25 value from our attractions partners:
FREE Knott's Camp Snoopy Ride Pass
FREE Mall of America Coupon Book
FREE Minnesota Zoo Youth Pass
FREE ECVB Shopping Bag
Advance reservations are required and the participating hotels include: Best Western
Yankee Square Inn, Hampton Inn, Holiday Inn Select, Holiday Inn Express, Fairfield
Suites (a.k.a. TownePlace Suites) Hilton Garden In -Eagan and Residence Inn by
Marriott This is an exciting promotion which is being marketed in Canada, the C Sand
Travel Agents around the world. Advertising is in magazines, newspapers and direct
mail campaigns.
The Northwest Airlines strike posed a downturn in occupancies for Eagan Hotels – some
dropped by as much as 10-20 points, As soon as the strike was over, some hotels
reported sell-outs the next day. Eagan's hospitality industry is affected by economic
forces outside of our control, but if Eagan can maintain a strong corporate structure, our
hospitality industry will prosper.
The Eagan CVB is at the forefront of the Minnesota Tourism Promotion Coalition which
is leading a state-wide effort to support a $7 million funding increase for the Minnesota
Office of Tourism. To date, we have received over 300 resolutions representing over
45,000 people in the hospitality industry throughout Minnesota
Eazan, Minnesota Hotel Industry Statistics
1993 4 Hotels in Eagan — Holiday Inn Select, Budget Host Inn, Yankee Square
Inn and Residence Inn by Marriott TOTAL ROOMS: 432
1994 May — Holiday Inn Express adds 70 rooms
December - Hampton Inn adds 122 rooms TOTAL ROOMS 624
1995
1996 April — Holiday Inn Express adds 50 suites TOTAL ROOMS: 674
1997 March — Fairfield Suites by Marriott adds 105 rooms
October — Extended Stay America adds 104 rooms TOTAL ROOMS. 883
1998 January — Homestead Village adds 130 rooms
June — Hilton Garden Inn to add 100 rooms
Nov — Sleep Inn to add 104 rooms TOTAL ROOMS: 1,217
1999 January - Microtel Inn & Suites add 80
Summer - Comfort Suites add 104 rooms
Staybridge Suites add 80 rooms
TownePlace Suites add 95 rooms TOTAL ROOMS 1,576
AVERAGE OCCUPANCY
1994
82%
(192 rooms added)
1995
78%
1996
78%
(50 rooms added)
1997
791/o
(209 rooms added)
1998
to date 790/6
(230 rooms added)
TOURISM INCOME
(estimated)
$53.4 mil (est)
$63.4 rnil (est)
$64.9 mil (est)
$71.4 mil (est)
TYPES OF HOTEL ROOMS AVAILABLE IN EAGAN TO DATE:
Full Service Rooms 287
Limited Service Rooms 367
Extended Stay Rooms 234
All Suites 225
The population of the City of Eagan has grown from:
10,398 in 1970 to 47,400 in 1990 to over 60,000 in 1998
Area Hotels: Bloomington 34 — 7,500 rooms St. Paul -3,000 Minneapolis -5,400 North
Metro -2,250 Burnsville 950 Shakopee -650 Lakeville -369
ON
Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
B. EAGAN'S 25T" ANNIN'FRSARI' (1974-1999)
CVB CELEBRATION
ACTION TO BE CONSIDERED:
Informational only. Ann Carlon, Executive Director of the Convention & Visitors
Bureau, will be present to comment and answer questions.
FACTS:
• Eagan is celebrating 25 years as a city in 1999 and the Eagan Convention & Visitors
Bureau is organizing a year-long celebration.
• The CVB is requesting a coordinated effort between the City and the CVB to ensure a
successful citywide celebration.
• A number of activities have already been planned by the CVB which include a Silver
Anniversary Kickoff prior to the January 5 City Council meeting, button sales which
will entitle bearers to discounts/prize drawings throughout 1999, tubing at Trapp
Farm Park on February 21 and an Eagan Go Bragh Parade celebrating Eagan's Irish
heritage. A detailed description of each event is included in the attached letter sent to
the City Administrator. The committee anticipates additional opportunities to
celebrate Eagan's 25' Year during 1999.
• Superintendent of Recreation Dorothy Peterson, Communications Coordinator Joanna
Foote and Donna Tilsner, the new Program & Events Supervisor, are being asked to
attend the committee meetings on behalf of the City.
Iv to rTy 1 Iu• 1 *a Ik*l
• Letter to City Administrator Hedges enclosed on page 2
:J
Tom Hedges, City Administrator NDINT_1;01�
City of Eagan Co%ly.N 10vSvb1T0R BIRW'
3830 Pilot Knob Road
Eagan, MN 55122 mm.rjg:mm^ k,an
October 22, 1998
Dear Tom,
The Eagan 25h Anniversary Committee, chaired by Raleigh Seelig, has determined a schedule for
first quarter events in 1999. Because this is a citywide celebration, it will take our coordinated
effort to be successful. Here is what the committee has chosen to do and what we need from you
and your staff before we can proceed:
• Silver Anniversan Kickoff- cake and coffee reception at Eagan Municipal Center two hours
prior to Jan. 5 Council meeting. This would be a public "meet and greet' your new and
current council. It could also be an opportunity to acknowledge the contributions of retiring
members Ted Wachter and Tom Egan. From you we need: confirmation that we can use the
community room/kitchen on the upper level from 3:30-7 p.m. (includes setup/cleanup); a
reasonable expectation that council members will be available to attend (is there a special
meeting prior to the 6:30 p.m. regular meeting''); joint promotion through
publicationslliterature; access to kitchen equipment.
• Button sales - we would like to have a purchasing outlet somewhere at city hall. Buttons will
be sold for Sl so minimal staff time will be necessary to conduct each transaction. Buttons
entitle bearers to discounts/prize drawings throughout 1999.
• Tubing at Trapp Farm Park from noon until 4 p.m. Sunday, Feb. 21 (weather permitting).
Slide on down the Silver Slopes! Need to coordinate scheduling/promotion with Park &
Recreation Department.
• Eagan Go Bragh Parade - Celebrate Fagan's Irish heritage with a parade of pets and people
on Civic Center Drive and along Pilot Knob and Wescott. Outside entertainment on city
campus grounds (Irish dancera')and) May need parade permit, policing, parking availability.
Details pending.
As you can see, there will be man opportunities to celebrate the city's anniversary and this is just
the beginning. I would be happy to meet with you if necessary to more fully develop these plans.
The committee meets once each month. You or a representative is welcome to attend our
planning meetings at any time. Our next meeting is set for Nov. 18 from 3:30 to 5 p.m. at the
CVB Office, 1474 Yankee Doodle Road. 1 look forward to hearing from you regarding our
requests and working with you to celebrate "Eagan - rooted in the past, branching out into the
future."
Sincerely.
Sue Hegarty, publ rel io director
Eagan Convention & Vi ' rs Bureau
Copy to: Mayor Tom Egan. Joanna Foot, Ken Vraa
1+-1 Sankrr Doodlr Ruad • Fagan. Ninnexna i5121.1d0�Fhone 6it-152-1188 • Fav bit -152-89'6 . 1. WEiG.iy-Jig
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Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
Cai�7.�3�i►YI Cel310 on
The following items referred to as consent items require one (1) motion by the City Council. If the
City Council wishes to discuss any of the items in further detail, those items should be removed
from the Consent Agenda and placed under Old or New Business unless the discussion required is
brief.
A. PERSONNEL ITEMS
Item 1. Part-time Seasonal Supervisor/Civic Arena—
ACTIO` TO BE CONSIDERED:
To approve the hiring of Kris Kraft as a part-time seasonal supervisor at the civic arena.
Item 2. Part-time Seasonal Concession Workers/Civic Arena
ACTION TO BE CONSIDERED:
To approve the hiring of Jessie Luoma and Kristin Rogers as part-time seasonal concession workers
at the civic arena.
Item 3. Clerical Technician 11—
ACTION TO BE CONSIDERED:
To approve the establishment of and advertising for a Clerical Technician II for the Parks &
Recreation Department, civic arena and new aquatic facility.
FACTS:
• With the second sheet of ice now open in the civic arena and the aquatic facility project
proceeding toward an opening of June, 1999, it is the recommendation of the City
Administrator and Director of Parks & Recreation that a new regular position of Clerical
Technician II be established.
■ The position would work for general park and recreation programs 2/5' time, for civic arena
programs 1/5' time and for the aquatic facility 2/5" time.
• It is necessary to advertise now due to the opening of the second sheet of ice and the additional
clerical time necessitated by planning for and preparing for the opening of the aquatic facility.
■ This position is unfunded in the 1998 budget; however, it would be funded from Enterprise
Fund dollars and would be offset through the reduction of temporary/seasonal clerical workers
in the Parks & Recreation Department.
• This position is funded in the 1999 budget.
Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
Item 4. Health Insurance/1999—
ACTION TO BE CONSIDERED:
To approve remaining with the shared coverage of HealthPartners and Medica under the current
plan design for health insurance for City employees for 1999.
FACTS:
• The City of Eagan is required to request proposals for health insurance coverage every five
years. 1998 was the year we needed to do RFP's for health insurance coverage.
• The RFP's were developed by a committee consisting of representatives from all City
departments and bargaining units with the aid of the City's insurance agent.
■ Proposals were received from Blue Cross Blue Shield Minnesota (Southwest/West Central
Service Coop), HealthPartners, the League of Minnesota Cities, LOGIS (Medica), Medica
itself, and the Public Employees Insurance Plan. The above proposals were all for total carrier
replacement, i.e. one carrier has the whole City. Proposals were also received from
HealthPartners and Medica for shared coverage of the City, such as we have now.
• After reviewing the plans' designs and premium costs, it was the unanimous recommendation
of the members of the committee that the City remain with the shared coverage of
HealthPartners and Medica under the current plan design. The reasons for this recommendation
are:
1) Employees would be able to remain with their current physicians;
2) Although total care replacement premiums were slightly lower, not all the plan designs
equaled what we currently have. Also, a trend among insurance companies has been to
bid low to get the entire group and then give a very large premium increase for the
second year;
3) The premium rates for the shared coverages were very realistic given our experience,
were consistent with the actual market and should mean a more realistic premium
increase for the year 2000.
• Committee members presented these recommendations to their employee groups and the
employee groups agreed.
• The new insurance rates represent a 10.5% increase over 1998 rates.
• A comparison to other increases in other organizations reveal that rate increases are averaging
somewhere between 10% and 20%.
Under the current blended rate formula, the premiums for family coverage would increase by a
total of 544.60 per month. Splitting the difference between the employee and the City, the
employee's share and the City's share would each increase by $22.30 per month.
Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
B. `j 1 *Z1 8 NAME CHANGIF OCR RVAI
ACTION TO BE •1 17;71
r To approve a street name change of the east/west segment of "Eagan Woods
Boulevard" (located west of Pilot Knob Road and east of Lost Spur Country Club) to
"Buffet Way" subject to the applicant being responsible for all costs associated with
the name change (i.e. sign replacement etc.).
FACTS:
r The Final Planned Development and Final Subdivision of Eagan Woods Office Park
2nd Addition were approved by Council action on September 14, 1998.
1- The requested street name change is a result of the recent reconfiguration of Eagan
Woods Boulevard (through recent Final Subdivision) and desire of the applicant to
establish a relationship between the OBC Corporate Headquarters site and the street
from which access to it is to be provided.
i No street addresses currently exist along Eagan Woods Boulevard.
ATTACHMENTS: (3)
➢ Area Map, page L
Previous Eagan Woods Drive street configuration, page L.2
D Existing Eagan Woods Drive street configuration, page L3
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Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
ACTION TO BE CONSIDERED:
> To approve a change in the scope of the demolition contract for the homes on
Lawrence and Linde Lanes.
FACTS:
> The City awarded a contract to Hoffbeck Trucking, Inc. to demolish the homes on
Lawrence and Linde Lanes on September 1, 1998. During demolition, the
contractor discovered two buried fuel tanks and buried batteries. The contractor
notified the City when the fuel tanks and batteries were found.
> State law requires removal of fuel tanks upon discovery. The City is also required
to disclose any hazardous materials to Dakota County and ensure proper removal.
> The City authorized the contractor to proceed with the removal of the fuel tanks
and batteries. The costs associated with the fuel tank and battery removal totals
$927.50 which represents about a 3% increase to the total project cost of
$31,040.00. The revised contract totals S 31,967.50.
> At the June 16, 1998 City Council meeting, the City agreed to utilize tax
increment financing proceeds to pay for the costs of asbestos removal and
demolition and removal of existing improvements associated with the homes on
Lawrence and Linde Lanes to facilitate redevelopment of these properties.
ATTACHMENTS:
> Change Order form, pages ; S through
> Invoice from Hoffbeck Trucking, page
city of eagan
CHANGE ORDER #: 2
DATE: November 2, 1998
PROJECT NAME: Lawrence/Linde Home Demolition
PROJECT DESCRIPTION:
Removal of fuel tanks and buried batteries.
CONTRACTOR: Hoffbeck Trucking, Inc.
P.O. Box 474
Lakeville, NIN 55044
As stated in the Technical Specifications for Demolition and Site Clearance, the City was not aware of any
fuel tanks or hazardous materials on the property. If any fuel tanks or hazardous materials were found
during demolition, the contractor µ'as to notify the City and a change order could be negotiated.
The Scope of this demolition project is being revised by this Change Order to reflect the additional costs
associated with removal of the fuel tanks and batteries on the property.
JUSTIFICATION FOR'PFRPOSE OF CHANGE ORDER:
State law requires removal of fuel tanks upon discovery. The City must also disclose any hazardous wastes
found on-site to Dakota County and ensure proper disposal.
See attached invoices.
,410 l0UN 1161 b%
Original Contract:
Change Order:
Subtotal of Previous Change Orders:
This Change Order:
New Subtotal of All Change Orders:
Revise Contract:
1 WWRIQ W 4 31 V
September 1, 1998
October 21, 1998
Percent Increase or Decrease for this Change Order
to Original Contract Amount:
Percent Increase or Decrease for Total of All
Change Orders to Original Contract Amount:
RECONI,NIE,iDED FOR APPROVAL.:
Contractor
By'
City DlpaAment Man I
r
City of Eagan Council Action:
Mayor:
Clerk:
Date:
1 - City
1 - Contractor
1 —Community Development
1 - Fire.Marshal
/t/�
+3%
+3%
Date.
Date (0.4;9 .9%
531,040.00
S 927.50
$ 0.00
$ 927.50
S 927.50
$31,967.50
ioffbeck Trucking, Inc.
:�.0. BOR 474
-akeville, MN 55044
Office: 612-469-2367
Fax 612-469-3171
Bill To
City of Eagan
Attn: Julie Farnham
3830 Pilot Knob Road
Eagan, MN 55122
Invoice
Invoice Number 3189
Invoice Date. Oct 21, 1998
Pape'. 1
Work Location
Customer ID Customer PO! Job Number Payment Terms
i CITYEAGAN __ Due upon receipt Thank you.
l Quantity7BACKHOE
Work Description
Unit Pnce
Total
CHANGE ORDER - HOUSES ON
LINDE 5 LAWERANCE
i 1.00Pump
underground tanks
632.50
632.50
Battery Clean uP
2.00Backhoe
2 hrs
90.00
180.00
1.00
Dozer 1 hr
65.00
65.00
2.00
LABOR
Hand Labor 2 hrs
25.00
50.00
Total Amount Due 927.50
NOTE: We pay sales tax on all materials purchased.
This invoice includes labor charges b material cost reimbursement.
Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
D. RECOMMENDATION, Airport Relations Commission, Additional Remote
Noise Monitor Locations
ACTION TO BE CONSIDERED:
1.) To approve a recommendation by the Airport Relations Commission for the siting of
remote noise monitoring terminals within search areas identified by the Metropolitan
Airports Commission, and 2.) To reiterate the City's support for a noise monitor
location in the Highview Avenue area.
FACTS:
• The City of Eagan has supported the installation of additional remote noise
monitoring terminals since the implementation of the Metropolitan Airports
Commission Automated Noise and Operations Monitoring System approximately six
years ago. One of the features emphasized by the MAC for the system was its
expandability.
• Earlier this year, the MAC concluded a study that acknowledged the need for
additional noise monitors in certain locations off parallel runways and future noise
monitors in the areas that will be affected by the North/South Runway. Two of the
general locations identified for current installations are southeast of the airport. One
is in a search area near Yankee Doodle Road, between Pilot Knob and Lexington
Avenue, and another is near the boundaries of Eagan, Inver Grove Heights, Sun Fish
Lake and Mendota Heights.
■ The method used in the study consisted of an analysis of how closely current flight
tracks pass existing noise monitor locations and to identify sites where flight tracks
passed over the fewest terminals.
• At its meeting of October 19, the Airports Relations Commission recommended that
the noise monitor proposed for the Yankee DoodlCPilot Knob area be placed in
Quarry Park, to be as close as possible to residential populations at the northwest site
of that search area, and that the monitor in the corridor be placed generally near the
middle of that search area near Argenta Trail pending MAC consultation with the
other communities.
• While the MAC concluded that the Highview Avenue neighborhoods were close
enough to be covered by the existing noise monitor at Vilas Lane and Avalon
Avenue, the City has historically supported the need for noise monitors along the
edges of the corridor. The Commission has recommended in the past that a
permanent noise monitor be placed in the Highview area and, if that is not possible,
that a temporary monitor be placed in the neighborhood for a period of two to three
months to compile data comparable with that for other monitors. The residents
present at the October 19 meeting asked that the City reiterate this request.
BACKGROUND:
• Remote monitoring terminal search areas from MAC Noise Monitoring Study on
pages /1— through 0%0
/g
z
Fs
Agenda Information Memo
November 2, 1998, 1998, Eagan City Council
EF.FINAL PLAT (GOPHER EAGAN INDUSTRIAL PARK 5"' ADDITION) -
INDU'STRIAL EQUITIES. LLP
ACTION TO BE CONSIDERED:
To approve a Final Plat (Gopher Eagan Industrial Park 5" Addition) consisting of one lot
east of Hwy. 149 and south of Yankee Doodle Road in the SE'/. of Section 12 and NE '/4 of
Section 13, subject to the vacation of adjacent right-of-way for Kutoff Drive and Yankee
Doodle Court.
FACTS:
Gopher Eagan Industrial Park 5' Addition is a replat which combines several parcels and
adjacent right-of-way into one lot. The site is currently vacant. The applicant has petitioned
the City for vacation of the adjacent rights-of-way for Kutoff Drive and Yankee Doodle
Court, which are included in the plat.
ATTACHMENTS:
Final Plat and Location Map, pagesZ through J3
J/
AREA TAMAAT10M
Ol9CI WTm
GOPHER EAGAN INDUSTRIAL PARK 5TH ADDITION
Lai, 3 GCAPHER EAG N INDUSIRLAL PARK ?NI? I
BLOCK 1— 1 — — — — — — — — — — — — — — —
— — - 9� 999919 99r
W.MrAriv MAI
ir.r�•+� — Yl 91217— — — —
��~ — r —
Lp'I' 7/ / LOI'\1 11 11 I I
LD'I B I LD1' 2
- — 1t
LDT 13I �i�------�--- 14 --I'll
I L^I�C 10 — i LOT 4
OUItQ'I' B
Irl +��
LOT 11------� lttiay�
LDT 12 1
LOT 6-
L an
`y y 010-05 CLIILOI A
010-77
.EMP=• �I'I.MII 1 Y.MM. Wf. �l .-0 LR. u .•Rlf1 1YIf/W71 TRI
�oEl�courts Lr.
01 ..I.
dl T 6R .2!!711l
SLAT
.� 1v1..r .— • •� �. Y— � aYoa .vaao-ma
s.Yl. •.O3ECT .0 61"6-035 SMET I Of 1 "ETS
W IT
6CKS
TAhAn DOODLE OT,
19s563721
04260
ci3TOTT DR"
19.32.,000
1 1346
LOTS 1-11
313%4 8729
713Es
TOTAL AREA
69,5556520
6.7593
Ol9CI WTm
GOPHER EAGAN INDUSTRIAL PARK 5TH ADDITION
Lai, 3 GCAPHER EAG N INDUSIRLAL PARK ?NI? I
BLOCK 1— 1 — — — — — — — — — — — — — — —
— — - 9� 999919 99r
W.MrAriv MAI
ir.r�•+� — Yl 91217— — — —
��~ — r —
Lp'I' 7/ / LOI'\1 11 11 I I
LD'I B I LD1' 2
- — 1t
LDT 13I �i�------�--- 14 --I'll
I L^I�C 10 — i LOT 4
OUItQ'I' B
Irl +��
LOT 11------� lttiay�
LDT 12 1
LOT 6-
L an
`y y 010-05 CLIILOI A
010-77
.EMP=• �I'I.MII 1 Y.MM. Wf. �l .-0 LR. u .•Rlf1 1YIf/W71 TRI
�oEl�courts Lr.
01 ..I.
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SLAT
.� 1v1..r .— • •� �. Y— � aYoa .vaao-ma
s.Yl. •.O3ECT .0 61"6-035 SMET I Of 1 "ETS
Location . •
1.... TF1
. �
`►ice � „
-
q►���
Sub ect Sift
dill^�►O/.
Dev*loprnent/Developer.
Gopher Eagan Industrial Park 5th Addition
Application:
Final Plat
Case No.:
,..
..
. .
Agenda Information Memo
November 2, 1998
�K�)►r �:SCK KFKC7�Yl �YK�� � r:Y•Z�) �71►\►1 t7.
ACTION TO BE CONSIDERED: Approve Change Order No. 2 to Contract 98-16 (Wescott
Woodlands — Street and Utility Improvements) and authorize the Mayor and City Clerk to
execute all related documents.
FACTS:
• Contract 98-16 provided for the street construction and the installation of the sanitary sewer,
water main, and storm sewer on Wescott Woodlands, south of Yankee Doodle Road.
• The revisions detailed in the change order address the addition of Schedule No. I 1 of the
original bid proposal back into the contract. The contract had been awarded without this
portion of the original bid package due to the City not having access to the Carriage Hills
Golf Course at the time of award.
• Carriage Hills Golf Course has authorized a right -of -entry agreement with the City and its
contractor for the construction of the water main. The City is pursuing the permanent
easement with the property owners and has initiated the condemnation process, if needed.
• Schedule No. 11 included the construction of the trunk water main across the golf course.
The cost of the work is based upon the original bid prices for Schedule No. 11.
• This change order has been reviewed by the Engineering Division and found to be in order
for favorable Council action.
• The change order provides for an additional cost of $58,192.55 (10.47% of original contract).
The associated cost will be the responsibility of assessments and the Water Trunk Fund.
ATTACHMENTS:
Change Order No. 2, pages t through _;27.
a�
:e"i la
CITY OF LAGAN
CONTRACT #: 98-16
PROJECT #: 742
CHANGE ORDER #:
DATE: October 21, 1998
PROJECT NAME: Wescott Woodlands Street and Utility Improvements
PROJECT DESCRIPTION:
Street and Utility Improvements including
Concrete curb and gutter, bituminous pavement, watermain, sanitary sewer, and storm sewer
CONTRACTOR: S.M. Hentaes & Sons, Inc.
PO Box 69
Jordan, MN 55352-0069
DESCRIPTION OF CHANGE ORDER WORK:
ENGINEER: Howard R. Green Company
1326 Energy Park Drive
St. Paul, MN 55108
Adding Schedule No. 11 — Golf Course Watermain — back into Contract 98-16, which was
previously not awarded due to unsigned agreements with the Owners of the Golf Course
property
JUSTIFICATION FORIPURPOSE OF CHANGE ORDER:
Executed agreements for the construction of a watermain through the Golf Course property
DESCRIPTION OF WORK ITEMS:
See attached schedule
0 �Proj1803640J\Change0raer02 CX 5/
ITEM
NO.
I
3
4
5
6
8
9
It
11
CHANGE ORDER NO. 2 FOR: WFSCOTT WOODLANDS (8036411,
CTiY OF EAGAN, MriNT-SOTA
SCNFOULF 11.9 WATERMAIN GOLF nUR%F
GRANULAR FOUNDATION MATERIAL
CONNECT TO EXISTING WATERMAIN
HYDRANT WITH 6' GATEVALVE
16' BUTTERFLY VALVE
B' GATEVALVE
8' DIP WATERMAIN, CLASS 52
16' DIP WATERMAIN, CLASS 50
FITTINGS
6' DIP WATERMAIN, CLASS 52
EMT QTY• UNIT PNCE TOTAL Mcit
TON
100.00
0.01
1.00
EA
1.00
400.00
400.00
EA
4.00
1.899.00
7,396.00
EA
1.00
1,583.00
1,583.00
EA
1.00
734.00
734.00
LF
130.00
15.50
2,015.00
LF
1,51300
27.00
40,851.00
LBS
2,88000
1.52
4,377.60
LF
42.50
14.94
634.95
SCHEDULE 11.0 WATERMAIN • GOLF COURSE — TOTAL
CHANGE ORDER Y0. 2 — TOTAL
n:'cIcncal'.80364000r xis
58,172.55
$58,192.55
CITY OF CAGAP
CONTRACT STATUS
TIME/COMPLETION DATE
Original Contract: July 1 1999
Change Order: July 1 1999
Subtotal of Previous Change Orders:
This Change Order:
New Subtotal of All Change Orders:
Revise Contract:
Percent Increase or Decrease for this Change Order
to Original Contract Amount: +10.47%
Percent Increase or Decrease for Total of All
Change Orders to Original Contract Amount: +12.52%
RECOMMENDED FOR APPROVAL
By: 1`1K Kaa Date: 10 23 9e) By: VI— 74A�
Project Mana Contractor
By: tL'" n k:4Date: io-Z9-96
City Department Man er
City of Eagan Council Action:
Mayor:
Clerk:
Date:
DISTRIBUTION
1 — City
2 — Contractor
1 — Engineer
0 Pro=3640J�Changeorderr2
AMOUNT
$555.677.44
$ 58,192 55
$ 11,351 60
$ 58.192 55
$ 69.544.15
$625.221.59
Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
,I PRI Tli6jg 11111
Is V IN I awe 3111310 1311:111 Ire,
ACTION TO BE CONSIDERED: To receive the petition to vacate a drainage and
utility easement within Lot 1, Block 2, Kingswood Ponds 2nd Addition and schedule a
public hearing to be held on November 30, 1998.
FACTS:
• City staff has received a petition to vacate a drainage and utility easement from Metro
Land Surveying, representing the interest of the property owner and a prospective
buyer of Lot 1, Block 2, Kingswood Ponds 2' Addition.
• It is suggested that the easement is excessive and may have been dedicated in error.
• The Engineering Division, in addition to other interested departments and agencies,
will review the effect of the vacation to insure there will be no negative impacts from
the action.
• The purpose of the vacation is to create a better and more acceptable building area for
the prospective buyer.
ATTACHMENTS- �q
• Location map, page s� L
• Legal description, graphic, page 3-6.
WE •
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SKETCH AND DESCRIPTION
S41 *51 36.E l N89.43'35'E 251.82
4.91'-=
2•x304<��- L dzf67 -r20 FT UTILITY EASEMENT PER DOC iNO. 566951
02
L .E 7 'q 4.4
t ` ` 30 r r o S89043'35'w 159.90 0
p ♦isem----�
UTILITY AND �`-_--
�hI~DRAINAGE EASEMENT
j' :,n Ito 1p i ,,--R-150-00
.00
z e Io I ag1 6op��'.
LAO �s PROPOSED VACATION of DRAINAGE
AND UTILITY EASEMENT:
i 7 o
51 9
L � � � Q '��, � ,o6•0yo ;� Over that part of Lot i, Block 2
3 ep0 KINGSWOOD PONDS SECOND
ADDITION, lying northerly and
UM R' Zp9 9a 2• a easterly of o line described as
�� 2r commencing at the southeoster!y
corner of sold Lot 1, Block 2;
thence South 66 degrees 14
minutes 56 seconds West, assumed
bearing along the southerly line of
said Lot 1, a distance of 36.51
feet; thence North 07 degrees 44
minutes 10 seconds West 109.94
feet; thence North 53 degrees 56
minutes 57 seconds West 55.55
feet to the point of beginning of
the tine to be described; thence
North 53 degrees 56 minutes 57
seconds West 21.63 feet; thence
North 13 degrees 40 minutes 22
seconds East 51.39 feet to the
north line of said Lot 1 and there
terminating.
N
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20
2 A
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l 4, Zo 417 0
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I hereby certify that this survey, plan or report was prepared
by me or under my direct supervision and that I am a duly
licensed surveyor under the low f the store of Minnesota.
Dote s ay of ���998
O
By: Surveyor, Minnesota License No. 17765
SE CORNER OF LOT 1,
BLK 2, KINGSWOOD
PONDS SECOND ADD17CN
METRO LAND SURVEYING
& ENGINEERING
332 CCUVTY RD. D• LITTLE CANADA, A4V 55r
PNQNE 165D 766-0f2 FAX, (65D 766.0612
EMAIL: survey ® metrols.cam
Rm
Agenda Information Memo
November 2, 1998
ACTION TO BE CONSIDERED: To receive the petition to vacate First Street rights-of-way,
and schedule a public hearing to be held on November 30, 1998.
FACTS:
• City staff has requested vacation of First Street rights-of-way north of Kenneth Street and
South of Keefe Street.
• These rights-of-way were originally dedicated with reduced widths as a part of McKee
Addition and McKee 3rd Additions.
• The rights-of—way are not depended upon for access to any properties and would therefore
not create landlocked parcels.
• The purpose of the vacations is to eliminate unnecessary and excess rights-of-way and the
associated maintenance liabilities.
ATTACHMENTS:
• Location map, page 3c
• Legal description graphic, page 33
I
PROPOSED VACATI
P� j
Clty of Ea
L E X 1 N'(3 ON
ARK
Li
ONE OAK ROAD
L 0 C' A ]...I O N VA:P
.................................................. ..................... I ...............................
3
oa
Flgure
1
Sande Zan 7 SQwveying tnc.
9001 E. Bloomington Freeway (35W)
Bloomington, MN 55420
(612) 881-2455
/V/i�/�L_L_ I
��LIA -N el
KEEFE
L
•• • •
S TREET
589 025'00'Z-
Easement
25'00'E
Easement Sketch For.-
CITY
oraCITY OF EA CAN
n
30
30
30.00
NORTH LINK =
OF LOT
n nn/T/nn /
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A �— z
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S
AVC
OF OT SOUTHLIINE OCL �a� S
.SB
N89 029'00 "W
That part of First Street as dedicated
in the plat of McKEE 3RD ADDITION,
Dakota County, Minnesota, lying
between the easterly extensions of the
north and south lines of Lot I, Block
2, said McKEE 3RD ADDITION.
(11
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n
NV
If jV
0
J0. 00v `,J
n,
Ill
We hereby certify that this sketch, plan or report was
prepared by me or under my instruction and that I am
a duly Registered Land Surveyor under the laws of the
State of Minnesota.
Dated this 25th day of September, 1998
(25)8Y'VNDE L/AND SURVEYIN -INC. ------------
98-204 r.Z7 R..ZJ SZ SvT 9810400/.dwg Edward H. Sunde, R.L.S. Minn. Reg. No. 8612
Agenda Information Memo
November 2, 1998
ACTION TO BE CONSIDERED: To receive the petition and authorize the preparation of a
feasibility report for Project 765 (Robin Lane — Sidewalk Improvements).
• On October 19, 1998, the city received signatures representing 41 properties in the
Blackhawk Forest area requesting the installation of a sidewalk along the west side of Robin
Lane.
• Robin Lane intersects Blackhawk Road on the east side of Highway 13 and again just north
of Silver Bell Road.
• Due to the significant number of signatures on the petition, it would be appropriate for the
City Council to authorize the preparation of a Feasibility Report to determine the scope, cost,
schedule, and method of financing the construction of this sidewalk.
ATTACHMENTS:
• Location map, page 3.S .
3�
r
$URGUN�Y ��
SILVER BELL RD.
7
to,
ASHBURY
S HILL
3 ARK
p+ \ CRESTRIDGE LN.
0
W
EER POND
Z MONTEREY LN. o
y �
CIR.
PROPOSED J
SIDEWALK KYLLO LN. p
BLUEBILI
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wm
a
w
OC W U [r) 3
Q Q
city of eagan ROBIN LANE - SIDEWALK
PUBLIC LOCATION MAP
ULWORKS r
DEPARTMENT J
RI` -,E
Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
FOOTING AND FOUNDATION PERMIT REQUEST — STRINGER
BUSINESS SYSTEMS (LOT 1, BLOCK 3, GRAND OAK TWO)
ACTION TO BE CONSIDERED:
> To approve or deny a footing and foundation permit for the Shenehon Company
(for Stringer Business Systems) on Lot 1, Block 3, Grand Oak Two prior to Final
Subdivision approval.
FACTS:
> The City Council approved a preliminary subdivision for Grand Oak Two
consisting of 5 lots and 5 outlots at their regular meeting on October 20, 1998.
> Shenehon Company is in the process of purchasing Lot 1, Block 3, Grand Oak
Two to accommodate construction of a 26,786 s.f. office/warehouse for the
corporate offices of Stringer Business Systems. The building is proposed to
consist of 62% office and 38% warehouse and is consistent with the Business
Park zoning and land use designations.
> The proposed site plan indicates the building location exceeds all setback
requirements and meets all other code requirements for parking and building
coverage.
> According to the applicant, Stringer Business Systems must move into their new
facility by the end of July 1999. The early foundation permit will allow pouring
of the foundation this fall and building construction next spring. That
construction schedule would ensure the building is ready for occupancy by July
1999.
ATTACHMENTS: n
> Letter from Shenehon Company, pages / through
> Proposed site plan for Stringer Business Systems, page,
WE
SL101ILL
HENEHON
COMPANY
Robert J. Strachota MAI rvtn a It N\/.. Sut snos.
Denise M. O'Leary
Shenehon Company
219 South Fourth Street
Minneapolis, MN 55401
October 20. 1998
Nis. Julie Farnham
City Planner, City of Eagan
3830 Pilot Knob Road
Eagan, MN 551'12
Dear Julie:
Pursuant to our conversation of Monday. October 19, 1998, we are making a formal request to be
on the agenda for the November 2, 1998 City Council Meeting. We are in need of an early
foundation permit for Lot 1 Block 3 of the Grand Oak Business Park. We need an early
foundation because our tenant, Stringer Business Systems, has been able to negotiate an extension
on their current lease only through July of 1999. The original plans with Wispark called for
construction to begin in September of 1998. Due to platting changes, Wispark has been unable to
deliver title to this land parcel. We expect to have title by November 1, 1998.
If we can get the foundation in the fall, we will be on target to put up the structure in the spring
and avoid winter construction problems.
We understand that you need the following items, which will arrive by Monday, October 26.
1998:
a) One large site plan showing setbacks, roads, parking areas, and building footprint.
b) One 8 1/2" x l l" site plan for the exhibit.
c) Description of warehouse size and office size.
3�
...shcn Km ... m
E ttu,l. sulurtstrneMxt.utn
2 14 wroth FFanth Street, suite 41N1, M Inch.,.,
%Imn"Ki i5411 611.113.6i 13 Fw 613 t44-1633
Ms. Julie Farnham
October 20, 1998
Page 2
Thank you for your help in this matter.
D. M. O'Leary
cc: Mark Murphy
James Chick
John Stringer
Dave Busch
Greg Miller
Dale Schoeppner
G \STAINGEP',[1 Owg Mon O:t 26 12 46 57 1998
�!
. 11611111
Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
K- RECOMMENDATION, BURNSVILLEXAGAN
TELECOMMUNICATION'S COMMISSION, COMPETITIVE
FRANCHISING APPLICATION AND REVIEW PROCESS
ACTION TO BE CONSIDERED:
To adopt the "Policies and Procedures Governing Application, Review and
Recommendations Regarding Grant of Competitive Cable Franchises."
FACTS:
• Based on staffs contact early this year by an attorney representing a party
investigating the possibility of obtaining a second cable franchise in the Member
Cities, staff determined that the Member Cities do not have a formal process for
receiving, reviewing and awarding a competitive franchise. As a result, the
Telecommunications Commission directed legal counsel to prepare a policy providing
a process that both Member Cities, the Commission and any franchise competitor
would follow.
• The Commission and staff reviewed the proposed policy at both its September and
October meetings. At the Commission's October 22 meeting, the Commission took
official action to recommend that the Member Cities adopt the attached "Policies and
Procedures Governing Application, Review and Recommendations Regarding Grant
of Competitive Cable Franchises" document.
ISSUES:
• While the original competitive contact has not resulted in any further interests, to
date, the likelihood of competition is real. While the Member Cities encourage
competition, it is assumed that the Member Cities wish to ensure minimal fiscal and
administrative impact on the Member Cities. The adoption of the "competitive
franchising polices" is a proactive measure that covers four key areas.
Scope of authority - The only cable television franchising process the
Member Cities have conducted was the initial RFP/franchising process in
1982-83. The joint cable commission was created at that time to assist the
Member Cities with reducing the administrative burden/expenses, to
streamline the process and to provide shared administrative oversight of
the awarded franchise. This same goal is anticipated.
W
Potential litigation - Where cities have entertained a competitive
franchise, litigation by the incumbent has happened in many
circumstances. This policy attempts to reduce any litigious actions by
incumbent and/or competitor.
Fees and administrative costs - The application and review process can be
very expensive. To use the incumbent's existing franchise fees could
create legal objections from the incumbent. The policies provides the
mechanism for recovery of such application, review and negotiations
expense.
The statutory process - The policies provide a formal application
procedure that standardizes and incorporates the State's statutory process
and makes appropriate modifications for competitive franchising.
ATTACHMENTS:
Policies and procedures document enclosed on pages _l-- through �
Z/ /
•wVl A.. S(RMICR'
THOMAS 0. CRt10NTON
SCOTT A. LIISON
OAYIO «. NIOMTINOAL(I
.AVL J. OUAST'
ROS(RY J, v. YOt(
WILLIAM S. IOgSCRO'
BERNICK AND LIFSON
A .ROICSSIO.AL wss OCIATIOM
ATTORNEYS AT LAW
SVIT( 1200. TMC COLONNAO[
IAL[O AO�IIT,(O IN WI[COM[IN
410 C[wTln[O hSUG ACCOVNUNT
1400 WAY 2AT^ SOULCVARO
'4[O AOMnT[O -N ILOMIOA
MINNEAPOLIS, MINNESOTA 65416-4270
TtLK..ONt I612I 1.0-1200
IACDIMIL[ (012) 646-6002
October 2, 1998
LcawL Au1tuN+
M/1TNRTN O. Mwt T[RMAH
BURNSVILLE-EAGAN TELECOMMUNICATIONS COMMISSION
POLICIES AND PROCEDURES
GOVERNING APPLICATION, REVIEW AND RECOMMENDATIONS
REGARDING GRANT OF COMPETITIVE CABLE FRANCHISES
Preamble
The Burnsville -Eagan Telecommunications Commission is a municipal joint powers
consortium organized pursuant to Minn. Stat. § 471.59 and comprised of the Cities of Burnsville and
Eagan. Minnesota. The Commission was formed by agreement of the Member Cities. The purpose
for creating the Commission was to allow for efficient and coordinated administration and
enforcement of the cable Franchises of the Member Cities and to coordinate cable -related matters
for the benefit of the Member Cities and subscribers.
The agreement of the Member Cities is embodied in the Joint and Cooperative Agreement
Establishing a Commission for the Administration of Cable Communications System, as amended,
which defines the authority, powers. duties and obligations of the Commission. The Commission
has generally been delegated the authority to undertake all tasks necessary to coordinate, administer.
and enforce the Franchises of the Member Cities. Further, the Commission may exercise any other
power necessan, and incidental to the implementation of its fundamental tasks. and may conduct
such research and investigation and take such action as it deems necessary on any matter related to
or affecting cable communications. While the Member Cities have retained final authority to grant
Franchises to cable providers, they have delegated fundamentally all other authority regarding such
Franchises to the Commission.
The Commission was organized prior to grant of the current Franchises by the Member
Cities. The Commission reviewed proposals for and helped coordinate the grant of uniform
Franchises by the Member Cities. Subsequently, the Commission has undertaken tasks necessary
for renewal of the Franchises including consideration of the telecommunications needs and interests
of the community and initial negotiation of the terms of uniform Franchises to -be presented to the
Member Cities for consideration.
Modern telecommunications policy, law and regulations encourage the emergence of
competition in all telecommunications markets. Increased competition in the provision of all
telecommunications services is expected, including in the provision of cable television service. The
emergence of such competition could increase the quality and availability of enhanced
telecommunications services via cable systems, encourage lower rates, encourage better customer
service. and generally benefit consumers. Policies and procedures regarding application for and
review of applications for competitive cable Franchises will streamline the processing of requests
to provide such competitive telecommunications services.
In view of the foregoing, the Commission has formulated policies and procedures for
application and review of applications for competitive Franchises within the Member Cities.
Pursuant to these policies and procedures the Commission has delineated the information which
must be provided in an application fora competitive Franchise. detailed a process for review of such
application and negotiation of the terms of the Franchise agreement, and provided for the
presentation of a formal recommendation regarding the grant of such Franchise(s) to the Member
Cities. All of these functions are within the current authority delegated to the Commission in the
Joint Powers Agreement.
Section 1. Definitions
"Applicant" shall mean a Cable Company that files an Application with the Commission
"Application" shall mean the information, documentation, and data, of the form and substance
required herein, filed by a Cable Company with the Commission requesting the Commission's
consideration and recommendation to the Member Cities regarding grant of competitive Franchise.
"Application Fee" shall mean a fee which is intended to cover all costs incurred by the Commission
and its Member Cities related to processing Applications up to and including the grant of Franchise
(if any) including, but not limited to, staff and attorney's time in reviewing and considering an
Application and related information, negotiating the terms and conditions of Franchises, and
preparing recommendations, Franchises and other documentation related to such Application.
"Cable Company" shall mean any person owning, controlling, operating, managing or leasing a
Cable System within the state or any person seeking a /Franchise or authorization to do so.
"Cable Svstem" means a system which operates the service of receiving and amplifying video
programs and distributing those programs by wire, cable, microwave or other means, whether the
means are owned or leased, to persons who subscribe to the service. This definition shall include
open video systems and all other similar systems regardless of ownership and control, to the extent
permitted by law. This definition does not include:
(a) a system which serves fewer than 50 subscribers;
(b) a master antenna television system;
(c) a system which does not use the public rights-of-way for the construction of its
I
Ll3
physical plant: and
(d) a translator system which receives and rebroadcasts only over -the -air signals.
"Commission" shall mean the Bumsvi I le -Eagan Telecommunications Commission, a municipal joint
powers consortium, and its lawful successors or assigns.
"Franchise" shall mean any authorization granted by a Member City in the form of a Franchise,
privilege, permit, license orother municipal authorization to construct. operate, maintain, or manage
a Cable System.
"Member Cities" shall mean the cities of Burnsville and Eagan. Minnesota and such other
municipalities which may lawfully join the Commission.
"Policies and Procedures" shall mean these policies and procedures governing the Commission's
processing of Applications for Franchises.
Section 2. Applicability of Policies and Procedures
These Policies and Procedures apply to every Cable System and every Cable Company.
including a Cable Company which constructs. operates and maintains a Cable System in whole or
in part through facilities owned or operated by another provider, that seeks to operate within the
territorial limits of either or both of the Member Cities.
Authority: Minn. Stat. Sec. 238.03
Section 3. Franchise requirement
Subd. 1. In accordance with state and federal law, each Member City shall require a
Franchise of any Cable System providing service within the municipality.
Subd. 2. Nothing in these Policies and Procedures shall be construed to limit any of the
Member Cities from the right to construct, purchase, and operate a Cable System or otherwise
provide any telecommunications services either for internal municipal purposes or for sale to the
public. Any municipal system shall be subject to this Franchise requirement to the same extent as
would any nonpublic Cable System.
Subd. 3. Franchises for Cable Systems shall be reasonably uniform to permit efficient
administration and enforcement by the Commission.
Authority: Minn. Stat. Sec. 238.08
Section 4. Application for Franchise
Subd I . Franchising of Cable Systems and Cable Companies by the Member Cities shall
comply with Minnesota Statutes, Chapter 238 and other applicable state and federal laws. Nothing
in these Policies and Procedures shall be deemed to alter or limit the requirements of such laws.
Subd.2. Review of Applications. Applications for competitive Franchises shall contain such
information as is required below in these Policies and Procedures and shall be submitted to the
Commission. Review by the Commission of any Applications pursuant to these Policies and
Procedures and final determination by the Commission regarding a recommendation whether to
Franchise such Applicant(s) may be based on any relevant and reasonable factors.
Subd. 3. Public Hearing on Applications. A public hearing before the Commission affording
reasonable notice and a reasonable opportunity to be heard with respect to an Application shall be
scheduled and held within 120 days of receipt of an Application. This public hearing shall not
replace any public hearing required by law prior to adoption of individual Franchises by the Member
Cities. The incumbent Cable Company shall be given notice of such hearing in writing and shall be
permitted to participate.
Subd. 4. Negotiation of Franchise Terms. During the period of up to 120 days prior to the
public hearing on the Application, the Commission and Applicant may negotiate specific Franchise
terms and conditions for recommendation and presentation to the Member Cities. In addition, during
this period the Commission shall review the Application and may request such additional
information which Commission deems necessary to make final recommendations to the Member
Cities.
Subd. 5. Determinations. Determinations by the Commission regarding the qualifications
of Applicant(s) and recommendations to the Member Cities regarding grant of Franchises shall be
made based on information provided by the Applicant as required herein and such other information
which Commission deems relevant in its sole discretion. The Commission mav, in its sole
discretion, consider information developed during any negotiations with the Applicant during the
120 review period and any information or evidence adduced by the incumbent Cable Company.
Within 60 days after such public hearing the Commission shall issue written recommendations to
the Member Cities regarding such Application. These recommendations may include a uniform
Franchise document for adoption by the Member Cities.
Subd. 6. Award of Franchise. Franchises may be awarded only by ordinances issued by the
Member Cities.
Subd. 7. Costs of Reviewing Application and Issuing Franchise. The Applicant shall pay
the Application Fee required below. The Application Fee is required for the purpose of
reimbursement of the Commission and Member Cities for all costs associated with processing
Applications pursuant to these Policies and Procedures. In the event the Commission recommends
0
denial or non -issuance of Franchises by the Member Cities, any portion of the Application Fee which
remains after payment of all Commission and Member Cities' costs will be reimbursed to the
Applicant. In the event Commission recommends approval or issuance of Franchises by the Member
Cities, Commission shall retain the full amount of the Application Fee. Should the Application Fee
not cover the expenses of the Commission or the Member Cities, those unreimbursed expenses shall
be reimbursed prior to any consideration of the Franchise by a Member City. A successful Applicant
shall be fully responsible to reimburse the Commission and the Member Cities for all costs of
awarding the Franchise.
Subd. 8. Franchising nonprofit or municipally -owned system. Nothing contained in this
section prohibits a Member City from franchising a nonprofit or municipally -owned system. The
municipality or nonprofit entity may be considered an Applicant subject to these Policies and
Procedures in the event service will be provided outside of a single Member City.
Authority: Minn. Stat. § 238.081
[Note: Minn. Stat. § 238.081, Subd. 10, specifically authorizes municipalities to delegate all
of the above rights and responsibilities to a joint powers consortium such as the Commission. The
Joint Powers Agreement could be amended to better clarify this delegation. Delegation of this
authority is currently implied but not explicit in the Agreement.]
Section 5. Information Required in Application.
An Application for a competitive Franchise must be signed by an authorized officer or
principle of the Cable Company and be notarized and must include at least the following:
(1) the name of the municipality(ies) in which the Applicant seeks to construct a Cable
System and provide services;
(2) the name, address, and telephone number of the individuals who may be contacted for .
further information.
(3) plans for channel capacity and overall system capacity, including both the total number
of channels capable of being energized in the system and the number of channels to be
energized immediately;
(4) a statement of the television and radio signals for which permission to carry will be
requested from the Federal Communications Commission. or any other required regulatory
agency;
(5) a description of the proposed system design and planned operation, including at least the
following items:
(i) the general area for location of antennae and the head end, or description of
programming delivery plan if otherwise;
(ii) the schedule for activating two-way capacity and any other system capacity to be
activated in conjunction with the Cable System;
(iii) the type of automated services to be provided:
(iv) the minimum number of video channels, other Cable Services, and other kinds
5
KOV
of services to be made available to residents;
(v) the number of channels and services to be made available for community/access
programming; and
(vi) a plan for funding of facilities and staff for community/access programming
and/or a plan for interconnection and provision of such programming in cooperation
with the incumbent Cable Company;
(6) plans for the provision of Institutional Network capacity and services or other "in-kind"
services and the terms, conditions and technical standards under which particular service is
to be provided to governmental, educational, and other institutional entities;
(7) a list of all institutions receiving Institutional Network service.
(8) a schedule of proposed rates in relation to the services to be provided, and a proposed
policy regarding unusual or difficult connection of services;
(9) a time schedule for construction of the entire system with the time sequence for wiring
the various parts of the area requested to be served in the request for proposals;
(10) the applicant's qualifications and experience in the cable communications field, if any;
(11) an identification of the municipalities in which the applicant either owns or operates a
Cable System, directly or indirectly, or has outstanding Franchises for which no system has
been built;
(12) detailed plans for financing of the proposed system, which must indicate every
significant anticipated source ofcapital and significant limitations or conditions with respect
to the availability of the indicated sources of capital;
(13) a statement of ownership detailing the corporate organization or other structuring of the
applicant including the names and addresses of officers and directors and the number of
shares held by each officer or director, and intracompany relationship including a parent,
subsidiary or affiliated company;
(14) a statement of a form and substance acceptable to Commission indemnifying
Commission and its Member Cities fully against any claims or liabilities alleged as the result
of Commission's exercise of these Policies and Procedures including any such claims or
liabilities alleged or asserted by the incumbent Cable Company;
(15) an agreement to pay the Member Cities a Franchise fee in the same percentage of gross
revenues as the incumbent providers with "gross revenues" defined the same or similar to
that in the incumbent's Franchise;
(16) a notation and explanation of omissions or other variations with respect to the
requirements of the Application; and
(17) submission of an initial Application Fee in the amount of $50,000.00.
Authority: Minn. Stat. Sec. 238.081, Subd. 2 and 4.
Section 6. Negotiation of Franchise Terms and Conditions.
Subd. 1. The Commission shall not negotiate and recommend to the Member Cities an
additional Franchise for Cable Service for an area included in an existing Franchise on terms and
conditions more favorable or less burdensome than those in the existing Franchise pertaining to: (1)
the area served, (2) public, educational, or governmental access requirements; or (3) Franchise fees.
The provisions of this paragraph shall not apply when the area in which the additional Franchise is
being sought is not actually being served by any existing Cable Company holding a Franchise for
the area. However, nothing in this paragraph prevents Commission from recommending or the
Member Cities from imposing additional terms and conditions on any additional Franchises.
Subd. 2. Nothing in these Policies and Procedures shall be construed to limit the power of
any Member City to impose upon any Cable Company any legally permissible fee, tax or charge.
Authority: Minn. Stat. § 238.08.
Section 7. Proprietary Information
Any, proprietary, confidential or privileged information submitted by an Applicant, or
possessed by the Commission or the Member Cities regarding the incumbent Cable Company, shall
upon written request be kept confidential to the extent permissible by law.
U able BURNS V ❑.c=P f�hismg memo -3 .pd
Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
L. ADOPTION OF 1999 BURNSVILLE/EAGAN COMMUNITY
TELEVISION BUDGET
ACTION TO BE CONSIDERED:
To approve the 1999 Burnsville/Eagan Community Television Budget.
FACTS:
The 1999 Bumsvillc Eagan Community Television's (BELT) budget is comprised using
100% of the PEG access fee. No franchise fees or general revenues arc used. The PEG fee
can only be used to support BELT operations. Based on the proposed BECT budget (see
attached), as submitted to the Telecommunications Commission for informative purposes,
the Commission approved at its October meeting the 1999 PEG fee at 5115 per subscriber
per month. This is an increase of S.I 5 over 1998, which is S.05 less than projected during
the PEG access transfer discussions. It is anticipated that the projected 1999 PEG fee
revenues will cover the proposed 1999 BELT budget.
In 1992, the Member Cities appointed the Commission as the cable rate regulatory body for
the Member Cities in all matters pertaining to the Basic Service tier, which includes the PEG
fee. This was reinforced with the recent adoption of the revised Joint Powers Agreement.
The 1999 proposed BECT budget is primarily an inflationary budget with few substantial
changes. Those changes are: 1) the addition of a seventh full-time BECT staff person: 2)
the purchase of computer equipment to accomplish assimilation into the City of Burnsville's
computer network system, which also allows for communication with the City of Eagan and;
3) the replacement of the wom carpet and furniture with new carpet, work stations and a
office lighting upgrade.
ISSUES:
As the 1998 BELT budget was the first budget developed as a city operation, and as there are
only several months of actual operation under this budget, it is difficult to draw conclusions
for developing the 1999 budget. As such, staff used the historic activities of the cable
company's access operations combined with BECT's current and anticipated activities.
The addition of the seventh staff person is not predicated so much on any new demands of
the operations, but more on what should have been done several years ago. The current
staffing number of six had been set as a result of the original franchise requirement
determined in 1983. It had been staffs intent to negotiate an increase in staffing within the
franchise renewal process. At a minimum, one additional staff could relieve Manager
Hotchkiss and other staff' from having to do many of the clerical responsibilities and allow
more time to do production, including facilitation of more volunteer productions. This is an
efficient and cost effective approach to the management of the operations. The addition of
the new monthly program "Community Journal" has also effected staffs ability to handle
the increase in volunteer and city programming activities. As such, Coordinator Reardon
and Manager Hotchkiss recommend the addition of the seventh staff person.
The replacement of the carpet, office arrangements and lighting will provide the facility
with a more "professional" working atmosphere and provide cost savings through
energy efficiency.
ATTACHMENTS:
• Bumsville/Eagan Community Television Budget enclosed on page 2 .
�O
1999 BECT Proposed Budget
Budget line Item 98 Budget 99 Budget
Employee Expenses
FTE's
197,536
237,536
Part-time
2,000
5,000
Overtime
3.000
5,000
202,536
247,536
Current Expenses
Office Rent
39,340
42,408
Property Tax
13,295
11,495
Water & Sewer (included in utilities)
Insurance
-
9,000
Utilities
9,000
9.000
Cleaning & Hauling
7,200
7,200
Common Area Maintenance
5,004
7,000
Tuition and Training
1,000
3.500
Travel
1,000
1,000
Vehicle Expense
5,000
5,000
Equip Repair/Production & Equip Supplies
6,000
10,000
Office Material / Supplies
3,500
4,000
News Program Production Expense
12,000
5,000
Dues & Subscriptions
100
100
Postage
500
1,500
Telephone
2,500
2,500
105,439
118,703
Capital Outlay
Production equipment, computer, Furniture
103,820
106.000
Total
Projected Revenue
S/
411,795
411.795
472,239
480.000
Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
i1U:3Plei ,10 "m 7IiZ
ACTION TO BE CONSIDERED:
To close the public hearing and approve or deny certification of delinquent utility
accounts to Dakota County for collection with property taxes.
FACTS:
The City currently has approximately 241 utility bill accounts with delinquent
payments. The assessable amount of these accounts is 540,664.80. These items are
in order for certification to the County.
ATTACHMENTS:
• Delinquent account list attached on pages S through�.
REPORT SORTED BY ACCOUNT NUMBER
ACCOUNT -NUMB
------------------------------------------------------------------------------------------------
PID
ANT -OPEN
ACCOUNT -STATUS
ASSESS -ANT
1010140004
101670307007
198.08
AC
223.08
1010510404
101670310008
17.84
AC
42.84
1030330304
101670106005
112.23
AC
137.23
1030900303
101670110002
79.84
AC
104.84
1040290703
101670125001
220.10
AC
245.10
1040450702
101670109001
249.90
AC
274.90
1040770802
101670331001
140.23
AC
165.23
1050070003
108460007005
76.11
AC
101.11
1051120204
108460005002
176.51
AC
201.51
1060110202
103230011000
109.90
AC
134.90
1060650701
102488021005
184.13
AC
209.13
1060710901
102488004006
86.24
AC
111.24
1061120002
102488011003
229.95
AC
254.95
1070120904
108435103001
124.97
AC
149.97
1080250203
108435018002
184.31
AC
209.31
1080360902
108435007002
114.34
AC
139.34
1090050401
108435406001
422.13
AC
447.13
1090070201
108435408001
190.35
AC
215.35
1090510702
108435417003
150.21
AC
175.21
1090580002
108435406005
293.41
AC
318.41
1091050304
108425020001
296.58
AC
321.58
1091290506
108425015003
133.28
AC
158.28
1100130205
108460108007
87.67
AC
112.67
1101060006
108460204004
104.51
AC
129.51
1101150906
108460204005
109.90
AC
134.90
1110090602
108460233003
71.11
AC
96.11
1110550906
108460230002
174.80
AC
199.80
S3
REPORT SORTED BY ACCOUNT NUMBER
ACCOUNT -NUMB
---------------------------------------------------------------------------------•--------------
PID
AMT -OPEN
ACCOUNT -STATUS
ASSESS -AMT
1110630907
108460224002
49.45
AC
74.45
1111420406
108460203001
107.30
AC
132.30
1120170402
106440006005
291.62
AC
316.62
1120400501
106440005001
5.06
AC
30.06
1140500803
108435518003
111.86
AC
136.86
1151070802
101480045001
79.63
AC
104.63
1162261002
107120007001
209.57
AC
234.57
1162270101
107120003002
222.16
AC
247.16
1170590202
104805007002
135.29
AC
160.29
1171340102
104805010101
214.60
AC
239.60
1171521605
104805004204
206.09
AC
231.09
1172100805
107297518002
226.20
AC
251.20
1174370502
107297703201
181.05
AC
206.05
1181630301
101350017006
214.37
AC
239.37
1181690703
101350011006
96.26
AC
121.26
1190130301
101500309001
205.35
AC
230.35
1190160002
101500312001
136.85
AC
161.85
1200730802
108195016001
217.65
AC
242.65
1200930403
108195005002
300.59
AC
325.59
1211080506
101715316001
231.24
AC
256.24
1212180201
108355001004
148.88
AC
173.88
1212240402
108355001005
94.07
AC
119.07
1213030803
106760005002
216.57
AC
241.57
1221370805
105210016005
118.34
AC
143.34
1221570305
105210018002
169.97
AC
194.97
1222250103
105210010005
113.05
AC
138.05
1222800302
105210003006
256.66
AC
281.66
Sf'
REPORT SORTED BY ACCOUNT NUMBER
ACCOUNT -NUMB
------------------------------------------------------------------------------------------------
PID
AMT -OPEN
ACCOUNT -STATUS
ASSESS -AMT
1223380503
107298802004
242.26
AC
267.26
1224720102
107299604001
158.91
AC
183.91
1226260602
102580101004
145.85
AC
170.85
1230330103
103980101009
51.68
AC
76.68
1230790601
103980018002
82.96
AC
107.96
1230930804
103980102001
34.66
AC
59.66
1231130403
103980202006
120.34
AC
145.34
1231170003
103980202007
133.51
AC
158.51
1231760803
103980302009
157.50
AC
182.50
1242070901
105210107001
168.95
AC
193.95
1246200802
104509010002
116.90
AC
141.90
1250500406
107595003003
94.85
AC
119.85
1251570602
107595117001
165.27
AC
190.27
1260120904
101660001201
122.33
AC
147.33
1260440103
101660105003
292.96
AC
317.96
1260830306
101660204001
61.30
AC
86.30
1260920205
101660212102
164.46
AC
189.46
1261610808
101740019800
50.93
AC
75.93
1262310401
101740008201
112.56
AC
137.56
1262480503
101740221102
80.30
AC
105.30
1262500008
101740223002
258.89
AC
283.89
1262540602
101740227002
307.46
AC
332.46
1262560405
101740209103
162.64
AC
187.64
1262920003
101740214002
68.39
AC
93.39
1263160202
101740202104
18.32
AC
43.32
1263307901
101740506101
53.21
AC
78.21
1263321002
105355001001
141.44
AC
166.44
SS
REPORT SORTED BY ACCOUNT NUMBER
ACCOUNT -NUMB
------------------------------------------------------------------------------------------------
PID
AMT -OPEN
ACCOUNT -STATUS
ASSESS -ANT
1263400204
105355006001
105.85
AC
130.85
1264410001
106920010000
108.64
AC
133.64
1270070403
106398007001
203.19
AC
228.19
1270870703
106398004008
268.08
AC
293.08
1280060305
106398103010
81.13
AC
106.13
1280170003
106398102009
136.42
AC
161.42
1280650102
106398204007
194.43
AC
219.43
1280730104
106398204006
112.49
AC
137.49
1280800206
106398203006
107.23
AC
132.23
1280840807
106398609001
216.40
AC
241.40
1281010704
106398303005
50.19
AC
75.19
1281200404
106398303009
154.83
AC
179.83
1281250902
106398304008
136.32
AC
161.32
1281670805
106398402013
131.26
AC
156.26
1282700201
105675003004
46.20
AC
71.20
1282760601
105675104003
131.04
AC
156.04
1283610203
101375016003
68.35
AC
93.35
1283810805
101375002001
239.89
AC
264.89
1283910603
101375009002
127.61
AC
152.61
1290400903
102275001002
105.76
AC
130.76
1291130103
102275047002
252.17
AC
277.17
1300440302
107820006003
70.55
AC
95.55
1303020002
102560103004
223.31
AC
248.31
1310570501
101230005005
224.75
AC
249.75
1310990501
104727702003
184.37
AC
209.37
1311270102
107296108001
167.36
AC
192.36
1311950802
104727803004
71.06
AC
96.06
m
REPORT SORTED BY ACCOUNT NUMBER
ACCOUNT -NUMB
------------------------------------------------------------------------------------------------
PID
AMT -OPEN
ACCOUNT -STATUS
ASSESS -AMT
1313160202
104433010001
56.00
AC
81.00
1315460401
103215125002
117.38
AC
142.38
1316630101
108375101004
258.57
AC
283.57
1317810802
104509406001
110.89
AC
135.89
1318800802
108350012001
109.17
AC
134.17
1319200001
105769003005
192.87
AC
217.87
1550480601
100340002076
35.39
AC
60.39
1551390601
100360001082
17.33
AC
42.33
2310440902
101670027002
82.96
AC
107.96
2311200602
101670008006
149.51
AC
174.51
2311220405
101670010006
358.11
AC
383.11
2311340001
101670020005
75.72
AC
100.72
2321370504
101670201006
80.26
AC
105.26
2330080901
101665004001
104.67
AC
129.67
2330490003
101670234008
115.83
AC
140.83
2330580803
101670243008
247.57
AC
272.57
2330950304
101670416002
65.11
AC
90.11
2340230802
100190001211
112.68
AC
137.68
2341221601
100170001275
70.15
AC
95.15
2342000303
101430110001
110.15
AC
135.15
2342060704
101430103001
139.72
AC
164.72
2350920105
101670405012
201.59
AC
226.59
2350930003
101670408011
163.82
AC
188.82
2350980502
101670413011
198.81
AC
223.81
2351250201
101670406006
70.74
AC
95.74
2360140402
101670402007
74.22
AC
99.22
2380330701
101670415010
139.13
AC
164.13
REPORT SORTED BY ACCOUNT NUMBER
ACCOUNT -NUMB
------------------------------------------------------------------------------------------------
PID
AMT -OPEN ACCOUNT -STATUS
ASSESS -AMT
2380360401
101670412010
180.60
AC
205.60
2380880104
101670614002
193.60
AC
218.60
2390010303
100200004177
5.66
AC
30.66
2390050903
101190004001
124.30
AC
149.30
2390620901
101670608010
248.26
AC
273.26
2391840202
103295102007
106.78
AC
131.78
2391940003
103295104009
159.78
AC
184.78
2391960802
103295204006
233.22
AC
258.22
2400310504
107710002018
110.78
AC
135.78
2401010004
107710001005
49.79
AC
74.79
2401220506
107710001001
93.85
AC
118.85
2401250206
107710002008
149.91
AC
174.91
2410760901
101670708008
246.56
AC
271.56
2410880503
101670708005
250.49
AC
275.49
2410960503
101670727006
161.71
AC
186.71
2411470404
101670712004
89.85
AC
114.85
2411590905
101438701001
12.54
AC
37.54
2411850701
101438705002
85.25
AC
110.25
2420160007
107300203009
81.48
AC
106.48
2420410907
107300005020
152.84
AC
177.84
2420570004
107300004014
107.45
AC
132.45
2421080901
107300104014
136.75
AC
161.75
2421620203
107300404002
256.04
AC
281.04
2421650905
107300402002
49.84
AC
74.84
2430290301
107650103001
101.35
AC
126.35
2430850401
107650202011
123.93
AC
148.93
2432370103
105750301002
289.30
AC
314.30
S8`
REPORT SORTED BY ACCOUNT NUMBER
ACCOUNT -NUMB
-------------------------------------------------
PID
AMT -OPEN
ACCOUNT -STATUS
- ------ -----------------------------
ASSESS -AMT
2432450107
105750318003
65.64
AC
90.64
2432780104
108446123001
50.19
AC
75.19
2433380902
108446012001
312.50
AC
337.50
2433570504
108446011002
406.98
AC
431.98
2433610903
108446007002
62.68
AC
87.68
2440840302
103310001001
1.47
AC
26.47
2451630404
108365108002
314.14
AC
339.14
2451900103
108365303003
129.27
AC
154.27
2460590905
102190040001
75.52
AC
100.52
2460660003
102190052001
102.14
AC
127.14
2471268901
101380005001
200.02
AC
225.02
2490110003
103275004002
183.36
AC
208.36
2500040707
101499004001
1.34
AC
26.34
2500131404
101499306001
264.85
AC
289.85
2500200702
101499020001
183.86
AC
208.86
2500680001
101499234001
186.86
AC
211.86
2500690901
101499317001
30.39
AC
55.39
2501140402
101499361001
137.25
AC
162.25
2501260002
101499301002
262.83
AC
287.83
2510720201
103190002003
204.67
AC
229.67
2550340001
104445004001
24.42
AC
49.42
2560210301
106767005002
112.19
AC
137.19
2561430602
101997504002
129.49
AC
154.49
2561620201
101997505004
22.03
AC
47.03
2564920301
101432513002
128.04
AC
153.04
2566550601
106712502013
60.53
AC
85.53
3550490101
100380008002
17.60
AC
42.60
s9
REPORT SORTED BY ACCOUNT NUMBER
ACCOUNT -NUMB
------------------------------------------------------------------------------------------------
PID
AMT -OPEN
ACCOUNT -STATUS
ASSESS -AMT
3610090702
106805003102
27.40
AC
52.40
3610710004
104130005001
56.88
AC
81.88
3611520204
101630003001
169.87
AC
194.87
3614790804
101815202004
273.95
AC
298.95
3621740403
105530019003
200.54
AC
225.54
3630030902
103289003001
127.30
AC
152.30
3630240402
108140001003
255.91
AC
280.91
3630657902
105540007001
52.41
AC
77.41
3630700702
101830009105
107.53
AC
132.53
3631270001
101830011008
132.26
AC
157.26
3640181806
102096012004
179.92
AC
204.92
3640620504
102096016004
139.53
AC
164.53
3643050201
104465157001
178.52
AC
203.52
3643370402
104465105001
1.81
AC
26.81
3650470203
104775006001
192.61
AC
217.61
3650900805
104775004003
180.62
AC
205.62
3651030305
104775110001
99.76
AC
124.76
3651260601
104775210002
80.79
AC
105.79
3660330602
101560003000
64.64
AC
89.64
3660420502
101560009000
119.92
AC
144.92
3660670502
106710001001
192.42
AC
217.42
3660750502
103200002000
11.78
AC
36.78
3660790101
103200003000
85.82
AC
110.82
3671290901
101550140002
174.57
AC
199.57
3672550501
101550114003
88.17
AC
113.17
3680400301
103299007003
254.18
AC
279.18
3681120601
103299003006
82.96
AC
107.96
2
REPORT SORTED BY ACCOUNT NUMBER
ACCOUNT -NUMB
--------------------•---------------------------------------------------------------------------
PID
AMT -OPEN
ACCOUNT -STATUS
ASSESS -AMT
3700430602
108361203101
199.29
AC
224.29
3701120202
104506020002
53.34
AC
78.34
3710660601
107250028001
134.45
AC
159.45
3710680401
107250030001
53.18
AC
78.18
3711640702
107250011005
167.00
AC
192.00
3750500502
101827536003
99.61
AC
124.61
3770750202
104507531001
262.54
AC
287.54
3770800502
104507526001
172.77
AC
197.77
3770840101
104507522001
257.78
AC
282.78
3780040603
104508010004
42.26
AC
67.26
3781360701
104508105001
165.67
AC
190.67
3790640101
107298305001
38.87
AC
63.87
3800520302
107587505003
86.00
AC
111.00
3823940601
103095003101
18.63
AC
43.63
3826181401
101460002001
212.23
AC
237.23
32812.28*
<*>
1090650102
108435401004
592.33
CB
617.33
1223580002
102580011001
67.62
CB
92.62
1283830604
101375001002
147.29
CB
172.29
2320620403
101670018009
82.36
CB
107.36
2391910302
103295101009
133.23
CB
158.23
2430520306
107650003006
160.33
CB
185.33
2433220705
108446006003
154.38
CB
179.38
3640480410
102096021001
334.99
CB
359.99
3650450407
104775004001
103.14
CB
128.14
3822180002
103299207004
51.85
CB
76.85
1827.52*
<*>
mom
REPORT SORTED BY ACCOUNT NUMBER
ACCOUNT -NUMB PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT
34639.80* 40664.80*
M.
Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
B. CERTIFICATION OF DELINQUENT FALSE ALARM BILLS
ACTION TO BE CONSIDERED:
To close the public hearing and approve or deny the final assessment roll for delinquent
false alarm bills and authorize its certification to Dakota County.
FACTS:
• The City Code allows for collection through certification of false alarm bills which
are not paid.
• At the October 6 City Council meeting, a public hearing was set for November 2,
1998.
• The delinquent false alarm bills are S75 per false alarm with a 10% penalty and a $25
certification fee.
• All notices have been published in the legal newspaper and sent to all affected
property owners informing them of this hearing and their proposed assessments.
ATTACHMENTS:
• Proposed assessment roll, page 6L
GRAND TOTAL/SA
1998 false alarms
S/A M PROPERTY ID
S/A ASSESSED
AMT
------ I------------------------------------------------------------------------
98FALS 10.22472-050-02
$82.50
$247
10.22472-080-02
$82.50
10-22500-010-03
10-22473.010-01
$82.50
$82.
10-22500-010-03
$165.00
10-77031-010-01
10-22502-080-02
$82.50
$1,560.
10-22502-271.03
$47.50
10-22503-241-02
$330.00
10-22515-030.03
$165.00
10-22520-040.01
$165.00
10-22530-010-01
$495.00
10-23100-080-03
$495.00
10-26500-010-01
$15.00
10-27500-030-02
$82.50
10.39901-010-01
$82.50
10.47500-010-01
$163.76
10-47500-020-01
$331.24
10-52250-010-01
$82.50
10-57690-030-05
-------------------------
$165.00
98FALS 10-75925-060-01
$82.50
-------------------------------------
10-77031-010-01
$165.00
<*>
$3,362.50*
$3,362.50*
GRAND TOTAL/SA
S/A X PROPERTY ID
1997 false alarms
S/A ASSESSED AMT
-------------------------------------------
ALARMS 10-16725-070.01
$165.
10-16820-010-02
$82,
10-18530-010-01
$75,
10-22472-010-02
$247
10-22472-050-02
$247.
10-22500-010-03
$165.
10-56723-020-01
$82.
10-72851-010-01
$412.
10-77031-010-01
$82.
<*>
$1,560.
$1,560.
00
50
00
50
50
00
50
50
50
00*
00*
-------------------------------------------------------------------------------
EXIT (E)7 [ J
6Y
Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
1 ► ♦1 C 11 1\ • •
,1 1 / ►, 1111 • � � �• •
ACTION TO BE CONSIDERED: To close the public hearing and approve / deny /
continue the vacation of public right-of-way within Gopher Eagan Industrial Park 1"
Addition and authorize the Mayor and City Clerk to execute all related documents.
FACTS:
• The City Council received a petition by John Allen of Industrial Equities, LLP, to
vacate Kutoff Drive and Yankee Doodle Court rights-of-way at the October 6, 1998
City Council meeting.
• This request is due to the replat of Lots 1-16, Block 1, Gopher Eagan Industrial Park
1" Addition, to Gopher Eagan Industrial Park 5' Addition.
• The site improvements for Gopher Eagan Industrial Park 5i° Addition depend on the
vacation of the excess rights-of-way.
• Kutoff Drive and Yankee Doodle Court were never constructed and were intended to
facilitate previous development proposals that did not occur.
• This vacation request has been reviewed by the Engineering Division and found to be
in order for favorable Council action.
ISSUES:
• The Engineering Division has reviewed the proposed plat of Gopher Eagan Industrial
Park 5' Addition to insure replacement easements would be provided with the final
plat. This final plat is scheduled for Council approval under the Consent Agenda.
However, if for some reason, this final plat is not approved, the Council should just
close the Public Hearing and continue consideration of approval to be concurrent with
a future final plat action for the Gopher Eagan Industrial Park 5' Addition.
ATTACHMENTS:
• Location map, page 94 /
• Vacation description and graphic, page4?and / G
6 �"
ROAD tDAjr
o�
Lr
LONE OAK ROAD I CO. RD. 26
-------- --I MCC
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sy
V, NWYNo. 55
LLJ
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RITA T.
opo P'� r
p � J
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HILLSIDE
CT.
x'
II YANKEE DOODLE R0.
ioll
> _
RD_ PROPOSED SITE
7IVY CT. J/f�. l
SECTION 12
F—
C'
W
J � I Lil
--- .- ;
BILK U
p r ` �
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ROLLING CIR.
MLLS
YANKEE D E CT.
i
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city of eagan
PUBLIC LOCATION MAP
$ WORKS
DEPARTMEN
DESCRIPTION FOR: INDUSTRIAL EQUITY 61896-035
SCHOELL 8 MADSON. INC
Engineers • Surveyors * Planners
Soil Testing ♦ Environmental Services
10580 Wayzata Blvd
Minnetonka, MN 55305
612/516-7601 Fax 612-546-9065
DESCRIPTIONS FOR VACATION OF PUBLIC RIGHT OF WAY
That part of Yankee Doodle Court as dedicated on the record plat of GOPHER EAGAN
INDUSTRIAL PARK 1ST ADDITION which lies southerly of westerly extension of the north line
of Lot 7, Block 1 in said plat.
That part of Kutoff Drive as dedicated on the record plat of GOPHER EAGAN INDUSTRIAL
PARK 1 ST ADDITION which lies southerly of the easterly extension of the north line of Lot 1,
Block 1 in said plat.
Date: September 17, 1998 ,�" �
Theodore D. Kemna
Land Surveyor MN Lic. No 17006
6 Page 1 of 2
city of eagan
PUBLIC
LMWORKS
DE PARTME
- • � - 41� Y�J �.T.T MM..YI
/
M — - R[[[T To e�
I /
u � �
Y , �Gftu
RIGHT-OF-WAY VACATION EXHIBIT
r•�-
WOW TRIAL [oU71F {, LV.
w ma
RIGHT-OF-WAY VACATION EXHIBIT
Agenda Information Memo
November 2, 1998
ACTION TO BE CONSIDERED: To continue the public hearing for the vacation of a
sidewalk easement, within the Park Center 5h Addition (document no. 13005774) from
November 2, 1998 to November 30, 1998.
FACTS:
• City staff received a request from John Payton, Westwood Professional Services, Inc., to
vacate a city sidewalk easement within the Park Center 5'" Addition. Centres Group Eagan,
Ltd. is constructing a theater at this location northwest of the intersection of Cliff Road and
Cliff Lake Road.
• On October 6, 1998, the City Council received the petition and set a public hearing for
November 2, 1998, to vacate said ten -foot sidewalk easement.
• The purpose of the request is to allow Centres Group Eagan, Ltd. to construct a new sidewalk
in a revised location to maintain the continuity of the existing sidewalk system while
allowing them to construct the required parking.
• The request would vacate the existing 10 -foot wide easement and replace it with a new 7 -foot
wide sidewalk easement adjacent to Rahn Park.
• This vacation request has been reviewed by the Engineering Division and found to be in
order for favorable Council action upon recording of the new easement.
ISSUES:
• The City is required to publish the vacation notice for a period of two consecutive weeks
preceding the public hearing.
• Although the notice was provided to the paper, the notice was not published.
• Continuing the public hearing from November 2 to November 30 would allow the city the
time to provide proper notice in the publication.
ATTACHMENTS:
• Location map, page aacaion,
• Proposed Easement page 2L
• New Easement, page ��.
(t)4qm
_r
I rAEEK� CT
♦200 - - -
i DFFLERD.
CEDAR
mlow's, OMAN
C—
i
CEDAR
POND C
PARK a
�I A t� CORAL La.
T
I_ ERIN DR. CLF;*V W
DR. 4GLEW
I � i
MON FFALL s. � z,
� 5�0TT � � PARK I �
RD. CLIFFS RD. C. LJ
city of eagan
PUBLIC
WORKS
F DEPARTME
PROPOSED EASEMENT VACATION r"
SECTION 30
LOCATION MAP
?0
iPMUWC CT
d TWER
ADGER
R\
o
WAY III CT.
PROPOSED EASEMENT VACATION
3KHIBIT A
SIDZWALK EASEMENT
NOf1TN UNCI LOT 4 ■�nclt 1 -�- - _ /
N.COR LOT 1
7
- ISa.1 - PO
O
2334
OsaO'0000' _ ^IOneZ
e.1e.00' N ee•is'fa',a W
s.25
A. se-10,zz"
s.15.00 41,- k
17:22 -L64 41,we
(�
Cl
SIDEWALK EASEHENr DESCRIPTION
A 10.00 toot easement for sidewalk purposes over,'upon, along,
through, and across the following described property:
Lot 1, Block 1, PAxx crmmx tIPTH ADDITION, according
to the recorded plat thereof, Dakota County, Minnesota.
The centerline of said easement IN described as followsr
Beginning at a point in the north line of said Lot 1,
Block 1 distant 158.74 fast west of the northeast corner
thereof; thence southeasterly on a curve concave to the
nortbeast, central angle 90 degrees 00 minutes 00 seconds
and radius 15.00 feet 23.56 feet; thence North B9 degrees
58 minutes 36 seconds Last, parallel with the north line
of said Lot 1, Block 1, a distance of 100.52 feet; thence
southeasterly on a tangential curve concave to the south-
west, central angle 35 degrees 19 minutes 32 seconds and
radius 15.00 feet 9.25 fsetr thence South 54 degrees 41
minutes 50 seconds East, tangent em the last described
curve, 17.22 feet to the southeasterly line of said Lot
1, Block 1 and there terminating.
The side lines of said easement shall be prolonged or
shortened to terminate in the southeasterly line of
said Lot—l.
a
BOERHAVE LAND SURVEYING
14217 Miloka Circle K.E.
Pnor Lakc. Mlnnca m 55772
612j 5-915
SIDEWALK EASEMENT SKETCH
R t ticii r iy c.ti -,c.�i
-Ewwe
<, \
m
An eas nn&nt for nidewolk PyrPoses O</Ot'
that port of Lor I. Block I. PARK C£Nrt
nrrH ADDITION, accordmnq to the
recorded plot lhereo( Dakota County.
k/Nlnevoto, described as follows'
The north 700 feet I).nq east of
Me vest 10700 feet of said Lar
5n 1'. 50 Net
Centre# Group Eagan, L. TA
WW"twooe Profess onol Serkice5, Inc
caw+ hww. Iw 55J..
/617) OJ7-5150
eF CRU I pare. 2/2e/98 I'be Ne 97!95
hJ9sr Oxc
Agenda Information Memo
November 2, 1998
ACTION TO BE CONSIDERED: To close the public heating and approve the final
assessment roll for Project 733 (McKee Additions - Street Reconstruction and Utility
Improvements) and authorize its certification to Dakota County for collection.
FACTS:
• Project 733 provided for the reconstruction of the streets, upgrade to concrete curb and
gutter, installation of additional storm sewer, and the repair of a portion of the sanitary sewer
within McKee Addition and McKee 2nd and 3rd Additions. The neighborhood is located
northeast of the intersection of Lexington Avenue and Lone Oak Road.
• The final assessment roll was presented to the City Council on October 6, 1998, with a public
hearing being scheduled for November 2 to formally present the final costs associated with
this public improvement to the affected benefiting properties.
• All notices have been published in the legal newspaper and sent to all affected property
owners informing them of this public hearing. In addition, an informational meeting was
held October 27 to address the property owners' questions and provide any additional
information of interest. Of the 88 parcels being assessed, only 6 property owners
representing 5 properties attended the meeting.
ATTACHMENTS:
• Final Assessment Roll Summary, page 2Y.
• Minutes From Informational Neighborhood Meeting, pages -25—� through
—22
9,�
PROJECT HEARING DATES
NUMBER - LU ASSESSMENT - November 2. 1998
NAME - McKee I" uah 3 d Additions IMPROVEMENT - Apri121, 1998
Street RecongtructiM
IMPROVEMENTS INSTALLED AND/OR ASSESSED
F.R.-Feasiblity Report
FINAL
❑ Trunk
❑ Lateral
❑ Service
❑ Lot. Benefit/tnmk
❑
WATER
Tnmk
❑
Lateral
❑
Service
❑
Lat. Benefit/mink
❑
WAC
F.R
BATE UNITS
STORM SEWER
❑ Trunk
❑ Lateral
❑ Lat. Beaefit/trunk
STREET
❑ Gravel Base
* Surfacing
❑ Res. Equiv.
❑ Multi. Equiv.
❑ C(I Equiv.
❑ TraiVSidewalk
FINAL F.R
BATE BATE 1 'IlIITS
(1)S2S00.00 (2153228.55 /LOT
SERVICES MERTLIGHTS
❑ Water & San Sewer ❑ Installation
❑ Energy Charge
CONTRACT NO, OF INTEREST AMOU T CM
)YQ, PARCEj—R TEEM RATE ASSESSED MANCFD
SM&OSS F R 5152.075 F.R.
98-13 141 15YCiLS 6.5% 5285.1100.00 5235.785.24
COMMENTS6
(1) Rate is based on appraisal
(2) F.R. rate was recomputed based on 114 lot units
Y
CITY PROJECT NO. 733
ASSESSMENT INFORMATIONAL NEIGHBORHOOD MEETING
McKEE ADDITIONS
STREET IMPROVEMENTS
TUESDAY, OCTOBER 27, 1998
7:00 P.M. COMMUNITY ROOM
Attendance Russ Matthys, City Engineer; 6 people representing 5 properties (see attached sign-
up sheet).
A. Welcome and Presentation
• City Engineer Matthys welcomed the property owners
• City Engineer Matthys presented a summary of the Final Assessment Report and
responded to questions
B. Question/Comments
Can we deduct the assessment portion of our county tax statement from our
income taxes' Typically, no, you aren't supposed to deduct the assessment
portion from your income taxes. Please check with your tax consultant/preparer
2 The curb and gutter is still a mess on Beatrice Street. It has black marks on
it. The contractor incorrectly placed tack coat on some of the curb and gutter I
thought they had cleaned all of it off I will see to it that all of the remaining curb
and gutter is addressed (Upon inspection it was apparent that the black marks
were from rubber tires, perhaps from contractor or public Resident was told that
it should wear off over time )
3 There are chips in the concrete apron at 1050 Beatrice Street. The curb and
gutter is transitioned weird at the driveway opening. Sod is too high at the
back of the curb and gutter — can't mow. Dead or thatch filled sod in spots at
same address. Street is beautiful. City staff will review the chips If significant,
the concrete will be repaired/replaced (One nickel sized chip on rear edge, not
surface.) Concrete curb and gutter at driveway is all hand -work, shouldn't be that
different from all the rest, but each one is unique Sod will be checked It will be
regraded or replaced as needed
4 We were promised two replacement trees due to the removal of the large
maple tree in the storm sewer easement (1068 Keefe Street). There were not
any trees installed as part of this project The City does have a tree replacement
program due to the '98 storms called Forever Green Did you participate in this
program' No. 1 will check on the availability of trees yet this fall or there will be
another distribution in the spring
5 1 participated in the Forever Green program. I appreciated it, but they
needed to be more organized at the Pilot Knob Road distribution center.
6 1068 Keefe Street needs a soft spot filled with topsoil under the sod where the
maple tree was removed. The sod is also a little low on the opposite side of
the driveway. There is a crack in the concrete driveway apron caused by the
contractor. I will have all of the items reviewed by staff The apron should not
have cracked It may need to wait until spring to be replaced There is a one year
warranty on the project work
7. 1038 Kenneth Street has lawn edging sticking up at the end of the driveway.
The end of the bituminous driveway is rough, like a washboard. Staff will see
to it that the lawn edging is addressed. We will review the driveway. There is a
piece of equipment that can reheat the bituminous so that it can be rolled again
8 What is the total cost if the 52,500 assessment is distributed throughout the
entire 15 years with the 6.5% interest? About 53,900 (Actual 53,814)
9 The contractor and inspectors were very accommodating throughout the
project. They knocked on doors to let us know what was happening.
NAI
1.
2.
3.
INFORMATIONAL MEETING
MCKEE ADDITION
TUESDAY, OCTOBER 27,1998,7:00 P.M.
4.
5. OVe K..ac �7Xit•-'ti'
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
H: FORMSISign•In
ADDRESS
Aj
/ U s 0 'bean» c - .Sr.
Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
A. ORDINANCE AMENDMENT CHAPTER 6, TOBACCO LICENSING
ACTION TO BE CONSIDERED: To approve, deny or approve with modifications an
amendment to Chapter 6, Tobacco Licensing
FACTS:
• During the 1997 legislative session a state law was passed with the primary purpose of
reducing illegal youth access to tobacco products
• The City of Eagan has been working with other Dakota County Cities and the County
to develop a model countywide ordinance for consistency in enforcement among the
various jurisdictions.
• At a Special City Council workshop on March 24, 1998 direction was provided to the
staff regarding the City Council's desires for options to include in a revised tobacco
ordinance to address the new state law. That direction was based on the policy
decision that Eagan would continue to license tobacco and provide enforcement
locally and not leave it to the County by default as one of the options contained in the
state law.
Specific options on which direction was provided include the following.
1. The City prefers the complete ban on vending machines
2 The self-service regulation should be consistent with the Minnesota State law
banning only single packages of tobacco and not be more restrictive.
3 Fines for violation of the ordinance should be as presented in the model
ordinance
4 A regulation requiring sellers of tobacco products to be above the legal age of
18 should not be considered
• Other options suggested by various groups for inclusion in a new ordinance were
considered unnecessary at this time.
• Staff was also directed to check with neighboring communities in an effort to
maintain some continuity. As of this date, Burnsville and Rosemount have decided to
turn licensing and enforcement over to the County. Rosemount previously handled
the licensing for their City Apple Valley is still considering a revised local ordinance.
• Eagan's proposed ordinance amendment seems to be quite close to where the model
ordinance was going, although the model ordinance has not been finalized at this
time The primary difference is that the model seemed to be going in the direction of
a greater ban on self-service by eliminating it entirely where Eagan has opted for the
single pack ban only.
• Out of fairness to our license holders, staff would like to be able to process license
renewals for 1999 under the terms of the revised ordinance
91
Pending City Council approval of the revised ordinance, the licensing fee will be
addressed at a later meeting
ATTACHMENTS:
Proposed ordinance amendment on pages b0 through
Minutes of the Special City Council meeting of March 24
C
79'
8998 on pages ?� through
SEM' BY: 10-30-98 : 13:06 : SEVERSON SHO -DON- 612 681 46124 2/10
ORDINANCE NO. 2ND SERIFS
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN
CITY CODE CHAPTER SIX ENTr= "OTHER BUSINESS REGULATION AND
LICENSING" BY AMENDING SECTION 6.34 REGARDING THE SALE, POSSESSION
AND USE OF TOBACCO, TOBACCO PRODUCTS AND TOBACCO -RELATED
DEVISES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1
AND SECTION 6.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapt r 6 is hereby amended by changing Section 6.34 to
read as follows:
Sec.. 634. Tobacco.
Subd 1._Pure. The Ciq recpgnius that manxpersons under the eY�1f 18 yeas
purcbase or otherwise obtain press and use ts�_30l)3co0 prodgcts and tobacco
related devices, and such sales, possession and use are violations of both state and federal
laws. Thus, the City int®ds to rMulate_the sale, possession and use of tobacco. S4basc9
products and tobacco related devices for the m pose of eafamina and fwthcring cxistin2
laws, to Mvcnt and protect minors against the illegal use of tobacco. tobaccomducts
and tobacco related devices, and to further the official nnblic Rolicv of the State of
Minnesota as stated in Minnesota Statutes. Section 144.391, in regard to R even
minors from stating to smoke.
Subat 1. De. inirionr. The following Berms, as used m this section, shall have the
meanings stated:
reletoddevioee;-e»d orgy
That
cigarettes: cigars� pipe tobacco: snuff_ fine cut or other chewing tobacco
cheroots; stogies; perioue; granulated, slug cut- crimp cut. rmdv-ribbed,
tobaccos; dipyiu tobaccos: refuse scraps, clippings, cuttings, and
ZO
P-' 612 432 3780 10-30-96 01:IIPY P002 C::
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PI. C.
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pwygings of tobacco; and other kinds and forms of tobacco leaf prepared
in such manner as to be suitable for chewing. sniffing or smoking. For
purposes of this section, a tobacco or tobacco product includes both
individually packaged items, such as a pack of cigarettes or a can of
chewing tobacco, and cartons containing two or more individually wrapped
]trod tobacco products.
intended to be used in connection with chewing, saiffmg-smoking or using
tobacco or tobacco products, including a pipe, rolling papers, tobacco or
tobacco product catxying case or lighter,
Self-service m2ereAigndise merch=&si-T means
oMn disRlays of tobacco. tobacco pE2ducts or tobacco related devices for
employee. For purposes of this definition. self-service merchandising does
not include vendingrnachines.
Vending machine means
payment; dispenses
lebeew pmdasts any mechanical, electric or electronic, or ottlg- twe of
• qr: � ��• :_fid n � : � � � �.�...•l� • • • : � � • • �.
E, Individually nackafed means the practice of selling any tobacco or tobacco
clgorcttcpacks:
F. Loosies means the common term used to refer to a single or individual]y
wrapped curette.
IN
o
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G- Minor means apy_person under the are of eighteen (18) years.
H. Reiad Esiubh5hmenr means anyplace of business where tobacco. tobacco
[_A�bTeable Place ofhutincss shall mean wry form of business operated out
of a truck vm automobile, or other tape of vehicle or transportable shelter
and not a fixed addraas store frnnt or other permanent tvDc of structure
authorized for sales transactions.
J. Sale or Sell means any transfer of goods for money, trade. bat= or other
consideration.
K. Coryliance Checkc mMns the enforcement system the City uses to
and tobacco rclatcd dcvicFs
training Purposes as authorized by state and federal laws.
L. Hearing Officer mo4tn9 the City Administrator or any other city cmplovcc
duly appointed by the City Administrator.
Subd 2- 3 License required It is unlawful for any person to, directly or indirectly,
keep for recoil sale, sell at retail, or otherwise dispose of any tobacco, tobacco Product or
tobacco-rclatcd devise without a license therefor from the city. The license "uif�m
. -mater
Subd 4. License application Ap2lication for a license to sell tobacco. tobacco
products or tobacco related devices hereunder shall be made on a form provided by the
deems necessary. Upon receipt of the cpmWeted a2plication and license fce, the City
Council shall take action on the license AppLiQAfion at the next regularly schedWed City
Council meeting. If the City Clerk determines that an application -is rommRle[c hC Qr sbe
6116P Lot MIMMID�163.
R-93% 612 432 3780 10-30-96 01:11PN P004 n44
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Subd S. Amnon license appllcauon The City Council may either approve or
deny the license_ or it may delay action for such reasonable period of time as necessary to
A. TILe applicant is ander the age of eighteen (,18) years.
�. The applicant has been convicted within the PMt five years of any violation
D. The apohcant fails to DrQyide information required on the jRo icarion or
provides false or mislcading iafarmation.
F. The applicant is prohibited by federal, state or other local low, ordinance or
other regulation from holding, such a license
&bd 3 6. Curditiuns of license.
A. Separate h c5nsm shall be issued for the sale of tobacco,QLjcc product or
tobacco -related dcNiscs at each fixed place of business; and no license shall be
issued for a moveable place of business.
� •! i rte.
:,
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Subd 7. Duration of license- All beenscs issued under this section shall expire on
Dy., mber 31st of eacb year.
Subd 4 8. Suspension or revocation
A. A licensee's authority to sell cigarettes at a-speci€s the licensed Incation
will my be suspended
for a violation of this section.
6 P. In the cast of suspension, there shall be no license refund.
P C. License revocation may be instituted following a misdemeanor or petty
misdemeanor conviction under this section of any offices, director,
manager, or other agent or employee of any license.
I
Subd. 10. Moveable place of business. No license shall be issued to it moveable
place of business.
Subd. 11. Displav of license. All licenses shall be posted and displavcd in plain
view of the g_cucral public on the licensed yremiscs,
612 432 3780 10-30-98 01:11PM P006 L44
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Subd 13. License fees. No license shall be issued under this section until the
license fee is Raid in full. The fee for a license under this scotion shall be in an amount set
forth by cily council resolution.
.Subd 14. 1Inlawful sales. It shall he unlawful for an}Eperson to sell or offer to sell
any tobacco, tobacco product or tobacco related device:
A. To any person undcr the auc of eighteen ( 18) years:
C. By means of self-servi;e mcrchandisinit of individually packagcd tobacco
or tobacco products:
D. Containing opiurn, m rg phipc. jimson weed, bella donna, s"chaos. cocaine,
marijuana, or other deleterious. hallucinogenic, toxic, or controlled
substances except nicotine and vOicr substances found _Mturally_' tobgcco
or added as part of an otherwise lawful manufacturing process.
Subd 13. Self-service sales. All tobacco, tobacco products and tobacco related
devices which are individually packagcd shall be either starch hehind a counter or other
area int;ludiuu� a case or other storabc _unit which is not freely accessible and not left
within 30 days of the effegive date of this section.
Subd 16 RoMmiblllly. All lic®aees undcr this section shall be responsible for
regulation.
ensure cote Wince with the provisions of tbis section. Such comphancc cheeks shall
to Puha c tobacco. tobacco O-du:;N or tobac d
SENT BY
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A. Il eal possession. 1t s unlawful fox any minor to have in his/her yossessioL
ful$1linghik dtifics as an emylovee of the hc"g rc in m retail sale
g Inrtmr. It shall be unlawful for am
person to purchase or Qths>�Qb mn.for or pTevide to any' many
unlawful for any person to coerce ortome minorto ---illegally
D. {Ise of false identification, it shall be a violation of this section for any
minor to attempt to diguisc his/her true _age by the use of a false form of
idcntification. whether the 'dentili hon is that of another �4rsr or one on
hie The of the tfeison has mo ' ed or tamper with eo
repr senit an au o actual a e f thepmon.
It
512 432 3780 10-30-98 01:11PY P008 #44
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his/heT fito bLhqgd trn the accu§gigni shall be, issued and served g on
the vio1aWL41nersonly or pail,
violet 7's mqacstfqr a bei
p, ecuion. UM ;IuslQn
o the hewing
offices issue
612
432 3780
Written d1II Of t
_L4Jin
d Cl IUnS
who
CSy101 071
occurred and whelher tht_
ed vio 07
' d i
o f the
bcaririg o cer _ tt n
_
ndia s of fact and conclusions
shat! be provided
_.........A ..:.,1...v
v tthr- hrArinr officer
finds
that no violation
.rl
'may anneal the decision I ldr ,� he hcarin ffi er
rn c district court.
F Misdemeanor n l se tion r o an o 1 ion o s stip
n..rnwd nn
[; Cnntinued vinlatt n h dew chyl0latlQn_n<6u7s Or cor►tlnues sha11
conar&fi a separate offtse.
l4 Puri -
1.
Licensees. h nwe A tn hmvr. vinlsttd thi r 'once r
. . yl! . a. i .� .• � 111 . �nl. .
2, then indrvuhmlc I %n aLs. othermors rc ted b
subnaraKzanh herein, found to be in violation of taus sectiog shall be
g,b ed an administrative fee of UQ -00-
7 9 0.00.
79
612
432 3780
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3. mors, MbM found in unlawful 55e9si n of or who uWawfiAla
pWcbase or attcmut to arc se tobacco tobacco t)m s o
lobaCQQ rekwd d vices shall bg bandled in the same man -ter as any
mile or minor chuged with a viola on of the law
.;„•, in ffiis 9cclion
minor as part of it lawuully rcwgUjjjd religious, Spirituai
cWtural Wernorry, , o, , u ,, .: n ,l .y� :.
B. eliance of proof of axe t $ball be an affirmative defense to the violation
of this m on for a Ryrso to have reasonably relied on proof of eae at
de_ scjdkpd by state law.
Scoon Eagan City (,ode Cbapter I entitled "General Provisions and Definitions
Applicable to the Entire City Code Including 'Penalty for Violation- and Section 6.99,
entitled "Violation a Misdemeanor' are hereby adopted in their entirety by reference as
though repeated verbatim
Section 3. Effective Date. This ordinamc slmll take effect upon its adoption and
publicaticm according to law.
ATTEST:
By. E. 7. VanOverbeke
Its: Clerk
CITY OF EAGAN
City Council
By: Thomas A Egan
Its: Mayor
Date Ordinance Published in the Legal Newspaper:
00)109
Page 7!Special City Council Minutes
March 24, 1998
Mayor Egan stated that this item would more than likely come back to the City Council at a
regular City Council meeting in either May or June, and then thanked Mr. Vincent and Ms.
Luchka for their presentation and comments.
TOBACCO ORDN NCE
City Administrator Hedges stated, that during the 1997 Legislative Session, a state law
was passed with the primary purpose of reducing illegal youth access to tobacco products. He
further stated that considerable discussion has taken place at the state, county and city levels
regarding the appropriate mechanism to implement the law in individual cities. Director of
Finance'Cip Clerk VanOverbeke stated that Dakota County cities have discussed the merits of
having a similar ordinance county wide. He further made reference to a letter that was addressed
to all communities from the County Administrator, Public Health Director and Dakota County
Ciry Managers Group. Director of Finance VanOverbeke reviewed the Model Tobacco
Ordinance that was developed using a League of Minnesota Cities Model Ordinance. He stated
that there are additional options for reducing youth access to tobacco that will require policy
direction by the City Council before the Tobacco Ordinance is finalized He reviewed five (5)
options which include, 1.) a complete ban on vending machines, 2.) further regulation of self
service of tobacco, 3.) consider regulation requiring sellers to be above the legal age of 18, 4.)
offer incentives to passed compliance checks, and 5.) establish the amount for administrative
penalties.
Director of Finance VanOverbeke first reviewed the potential ban of vending machines
stating that the current Tobacco Ordinance states that vending machines cannot be in buildings
where minors have access After some discussion by the City Council, since evidence has proven
that compliance checks conducted in the establishments where minors are not allowed, they have
found that not onh can minors enter, but have successfully purchased tobacco. The new
ordinance should provide language that includes a complete ban on vending machines.
Director of Finance VanOverbeke presented a second option regarding the ban on self
service tobacco stating that the proposed ordinance bans all self service which is stronger
language than provided in the state law. He stated that the minimum state law bans only the self
service of tobacco sales when it involves a single package of tobacco. He stated that many
establishments sell a tobacco package, combining two or three packages of tobacco into a multi-
pack, which is permissible under the self service regulation. After a brief discussion on this item,
City Councilmembers agreed that the self service sales regulation should be consistent with the
Minnesota State law banning only single packages of tobacco under the self service regulation.
The Director of Finance also reviewed compliance checks and the administrative penalty
issues that require public policy direction. Chief of Police Geagan reviewed the results of
compliance checks that are made on a routine basis by the Police Department. He further stated
that he would prefer that the ordinance require the City to conduct the compliance checks stating
that it would be virtually impossible for the County Sheriffs Department to run compliance
checks on 50+ establishments that currently sell tobacco products in the community. After
Page 8'Special City Council Minutes
March 24, 1998
0('109
further discussion on the item, City Councilmembers determined that the City of Eagan should
enforce the ordinance and provide the compliance checks.
Director of Finance VanOverbeke stated that the final policy consideration is in regards
to the administrative penalties. He stated that the penalties arrived at by the Legislature were a
compromise. Chief of Police Geagan stated that tobacco sales, in many cases, represents a high
Percentage of retail sales for those establishments selling tobacco. He stated that increasing the
license fees will not have nearly the impact that a license revocation would have if an
establishment violates the Tobacco Ordinance. After further consideration, it was the consensus
of the City Council that the fines be left as presented in the proposed ordinance.
Direction was provided that a regulation requiring sellers to be above the legal age of 18
could cause a hardship, additional enforcement problems and would probably not improve
compliance and, therefore, should not be considered.
Director of Finance VanOverbeke stated there are other regulations the City Council
could consider such as limiting the number of tobacco licenses within a prescribed distance of
schools and putting a cap on the number of tobacco licenses that the City may issue to
establishments. City Councilmembers stated these requirements are not necessary for the
ordinance. City Councilmember Wachter stated he would like public policy that would restrict
the number of advertising signs for tobacco products for each establishment. City
Councilmember Awada questioned whether signs have a significant influence on young people
using tobacco related products. After further discussion and a consensus by the City Council,
Mayor Egan asked that the restriction of advertising signs for tobacco related products be referred
to the Planning Commission for their consideration when the sign ordinance is reviewed.
Mayor Egan thanked the staff for its work in coordination of the Tobacco Ordinance and,
further, stated that other Dakota County cities such as Apple Valley, Burnsville and Rosemount
should be consulted in an effort to have some continuity with neighboring cities in the adoption of
Tobacco Ordinances.
GENERAL FUNT BALANCE
City Administrator Hedges stated that the City has maintained a policy that the fund
balance from the General Fund be at a level of 30 to 35 percent of the following year's operating
budget. He further stated that the level is determined to be the amount necessary to provide
adequate working capital for operations and to provide an additional reserve to deal with any
emergencies, revenue shortfalls or opportunities. City Administrator Hedges sated that due to
very successful years of operations in both 1996 and 1997, the Fund Balance has become higher
than the overall policy target set by the City Council and, in order to meet the 35 percent level of
the 1998 budget, a transfer of (4,122,612 is available.
Director of Finance VanOverbeke stated, along with the City Administrator, they have discussed
various alternatives for the use of the money. He stated that the most appropriate use of the
available fund balance is to transfer it to the Equipment Revolving Fund and to the Debt Service
Fund to defense those bonds. He further stated that the elimination of future tax levies through
the use of the money is the highest priority and provides the most obvious and direct
Agenda Information Memo
November 2 Eagan City Council Meeting
B. REQUEST TO DISCUSS LOCATION OF GENERATOR ON MUNICIPAL CAMPUS
ACTION TO BE CONSIDERED:
To approve, deny or defer Tim Dunn's request to relocate standby generator.
ISSUE:
A request from Tim Dunn to have the electncal generator for the Municipal Center campus relocated
from its proposed location west of Denmark Avenue in W'indcrest Park to a location (undefined) next to
City HalUPolice,
BACKGROUND:
In late 1996, staff began a preliminary review of the desirability to situating a generator on the Municipal
Center campus to meet the emergency power needs of the Police and City Hall. In March of 1997 the Cit_N
Council approved a feasibility study for a generator and in March of 1998 approved the preparation of
plans and specifications for the project to proceed. The bid was awarded in late June.
During the review process it was determined that the best location for the generator was at the proposed
location near the sanitary sewer lift station. The alternative location was at the other "head end" at the
Municipal Center near the existing power feed
REQUEST TO RELOCATE:
Staff set a meeting for October 5" with near by residents to determine the need and desirability for
landscaping to help screen the generator from view. The generator is approximately 350 feet from the
closest residential structure. Upon receiving notice of the meeting, Mr. Tim Dunn called the City to voice
his objections to the location, requesting that it be relocated to the Municipal Center campus. Greg
Ingraham, Consultant Planner, was brought into the process to provide a different perspective and help
with a re -review of the siting issues and to assist with the screening design.
In addition, staff has requested that Dakota Energy Alternatives Inc. also re -review the issue of locating
the generator near the Police/City Hall building.
As of the writing of this memo, Dakota Energy Alternatives is still working on a response to the various
issues raised.
ATTACHMENTS:
• Enclosed on page 9 is a copy of letter from Tim Dunn
• Enclosed on page -1q3 is a general site location map.
• Enclosed on pags a copy of Mr Ingraham's letter and attachments.
• Enclosed on page is a copy of Ken Vraa's letter to Dakota Energy Alternatives.
G meUgmeram ¢bortim
�j
Mayor Tom Egan and Council October 08, 1998
3830 Pilot Knob Road
Eagan, Minnesota 55122
RE: Location of power generator in Windcrest Conservancy Park
Dear Mayor and Council:
We recently met with C.J. Lilly and staff in response to your September
letter requesting input on landscaping for the proposed power generator
that will service the Municipal campus. The neighborhood is upset that
the council did not seek our input in locating this generator.
I met with Tom Vagts from Dakota Electric and its clear that the generator
can be located next to the Police station. Moving the generator to your
Municipal area is the right thing to do. We were told that the Police station location
would cost more money, because of screening costs. These costs should be more
than offset by not needing to construct a very long and wide bituminous roadway
through our neighborhood play area.
This generator represents a noisy, smelly intrusion into our neighborhood. Not to
mention the fact that Windcrest Park is a conservancy park which purpose is to
"conserve and manage sensitive natural areas in the community." This generator
is too large and obtrusive to even consider placing in a residential neighborhood.
We the friends of Windcrest Park are requesting you move the generator to
your Municipal campus. We are requesting that the council put this issue on some
upcoming agenda, so the neighborhood can voice our concerns in person.
Sincerely,
FRIENDS OF WINDCREST PARK
cc: Pat Awada, Bea Blomquist. Sandra Mason ,Theodore Wachter
0
n.n ......v .N �u s•1d�✓J 1f•N 1iJ ��n1
Ib
October 6, 1998 lrneuepr rrdnrnre
Tom Hedges, City Administrator /W 1`46r,.p f pngn
City of Eagan Irre use r4remp
3830 Pilot Knob Road
Eagan, MN 55122-1897
Re: Municipal Center Emergency Generator
tiT7"11111io i t
The following are my impressions and suggestions based on the neighborhood meeting
held on October 5, 1998:
A.) Neighborhood Opposition
The neighbors who attended the meeting (4 homeowners who live near the lift station
site) are opposed to the hft station generator site. They were not interested in discussing
landscape screening ideas. They do not want the generator to be located at the lift station
site and do not want their view or "their park" changed. They will be requesting this
issue be brought up with the City Council and the% will ask that the generator be located
at the Police Station site. They are upset about the pool project and this issue further
compounds their frustration.
B.) Lift Station Site
1 feel the lift station site is the appropriate location. In order to minimize the scope of the
land alteration, I recommend the following revisions:
1. Reduce the generator and related equipment footprint to the minimum needed for
proper function.
2. Reduce the access drive to 12 feet wide.
3. Do a tree survey of the construction area and preserve the maximum number of
healthy trees.
4. Add landscaping to screen the generator and related equipment.
5. Offer to add landscaping to help screen the existing lift station and electrical
pedestals.
6. Show comparative raise and emission information for this generator.
2659 0apor, Write South Suite 100 Mmneopk Nh 55408 1612:3772500 16121377 1010 - ,
CA Police Station Site
Further evaluation is needed to determine the feasibility and added cost of placing the
generator at the Police Station.
1. Can the existing generator be removed and replaced by the new larger generator? I
have heard two conflicting opinions regarding the need to keep the existing generator.
Perhaps Ton Vagts could speak with Eagan Police or the Bureau of Criminal
Apprehension to determine the specific requirements. If the existing generator must
remain, the area for the new generator is further reduced.
2. Potential conflicts with existing underground utilities should be evaluated. This could
dramatically effect the construction cost.
3. City Hall and the Police Station appear to be at the standard setback of 50 feet from
the Pilot Knob Road right of way. If the generator and screen wall are determined to
be a "structure", a variance to the setback requirements may be needed.
Attached is a copy of the analysis of the emergency generator site alternatives. I
presented this information to the neighbors, but they did not request a copy of the report.
Please review these items and call me if you want m} firm to further address the above
issues.
Sincerely.
Greg Ingraham. AICP
President
CC: Ken Vraa
C.J. Lilly
Tom Vagts, DEA
9S
Eagan Municipal Center Complex
Emergency Generator Location Analysis
Electrical Site Plan Alternatives
Introduction
The City of Eagan plans to install an emergency generator to supply power to the
Municipal Center Complex (police, city hall and life safety) and utility lift station
during a power outage. The generator will ensure that electrical service to the
area is not disturbed during a blackout.
The following summary is an assessment of three possible locations for the
generator site The assessment is based on the following major issues and
applies an estimated additional cost to each alternative. This additional cost is
the cost to the city in addition to the original plan. The original plan included the
placement of the generator and supporting entities at a site already near an
electrical switch and the creation of a 15' access drive for maintenance
Major Issues
Electncal Switch
In order for the generator to perform properly and not damage the existing
infrastructure, it must be located at a "switch" along the electrical line. Two
switch sites exist within the City Hall Complex, one near the intersection of Pilot
Knob Road and Westcott Road, and one near the southeast corner of the site. If
the generator is placed at a site other than the two switch locations, a new switch
and additional cable and communications are necessary, which adds costs to the
project. The minimum additional cost would be $35,000, plus any screening that
may be necessary.
Visual Aesthetics
The City of Eagan is interested in placing and screening the new generator in a
way so that the new structure is not visually obtrusive to neighbors and passers-
by The City plans to provide whatever screening is necessary to provide an
aesthetically pleasing site plan Noise disturbance is not a major issue, as the
noise created from the new generator will be less than that of a car idling.
Access
The new generator must be located at a site with drive access available In order
to fuel and maintain the generator, a vehicle must be able to have access to the
structure This plays an important role in the selection of the site, in order to
place the generator on a relatively easily accessed area
us�hn��
Site Alternatives
Alternative A
Alternative A is located near the southeast corner of the new pool next to an
existing lift station and utility access (see map). This site is currently vegetated
on the north end of the drive, which is where the siting of the generator is
proposed. This site alternative was chosen for the ability of the vegetation to
hide the generator and the ease of bringing a drive off an existing utility access
This alternative incurs an additional cost of approximately $3500 for additional
and buffering with vegetation (see table) Consultant recommendation for this
site would be to protect and preserve as much of the woody vegetation as
possible to provide an immediate and permanent screen from the neighborhood
residents, and to selectively place new landscaping to further screen the
generator.
Alternative B
Alternative B is located near the police station on the corner of Pilot Knob Road
and Westcott Road. Several utilities and a screen wall already exist in this
location which is near the parking lot for access The existing utilities include a
small emergency generator and storm and sanitary sewer lines. The existing
generator is a requirement for the police station and serves life safety functions
Alternative B would include the removal of a portion of the existing screen wall.
The new generator would be sited directly south of the existing generator and
would require an extension of the screen wall. The additional costs for this plan
would be the revision of the existing wall as well as the construction of the new
section of screen wall. The screen wall would act as a visual barrier from the
roadway. Additional costs are estimated at $16.500
Altemative C
Alternative Site C is located near the newly constructed ice arena building and
parking. Placement of the structure would be behind the buildings, near the
parking lot and drive so as to provide access to the generator. Site C is not
located near a switch and would therefore incur a large additional cost to the
project. The new generator would require a new switch, new communications
and additional cable connecting it to an appropriate switch site. The site would
also need to be screened with vegetation so it would not be visually obtrusive
Additional costs would be from $40,000 to $55,000
Recommendation
Alternative A (lift station site) is the best location for the generator. Care should
be taken to protect existing vegetation, and the City should work with adjacent
residents to selectively place landscaping to screen the generator.
Alternative B is acceptable but has a high ($16,500) additional cost and has
many conflicts with existing underground utilities.
Alternative C is not acceptable due to costs and space limitations
asit��ili
Eagan Municipal Center Complex
Emergency Generator
Electrical Site Plan Alternatives
i—� __Site--Advarrtayes Tgsadvanta�s--�j�,ddMfpiMl Cost' -
--
A . Existing utility . Existing vegetation for ' Private visibility - -- —
easement screen
I At site o1 epsting Some tree removal Supplemental s3,5pp
` electrical switch vegetative screening- -- -
Existing utility access
drive
!�g2ggnb area _ -- --�
Tafel addMioeN cwt for AMerned r A I M1 p —
B Police station At site of exdsting Public visibility Revise exitrtirtg screen $1,500
_uWi!y arM - electrical switch wall _
Drive access available Erostinp utility conflicts Masonry wall to screen 515,000
CTNI.w c arena
MW pw"
W"
_ new generator
Setbadk limitations _
Limited space
— — - Total additional ooet for AMamslire B
!love access available Not a� site with
electrical switch
_ _it61i00
Additional switch,
able, communications -
Setback limitations _ __
Limited !_pace Vtsyatative scnaanirg
- -- -- Total addklonal tit for AMsntMiw C S4o,l)00-
--- -- $55,000
'Cost additional to original generator and associated ut lit es, located at existing vmW point.
3
e
Eagan Municipal Center Complex ,
Generator Location Comparison
O e
Fair Poor
Function
switch
Installation
Space
Acoess
Lxility
Conflicts
Public View
Private View
Tree
Removal
Screening
Additional
Cost
Existing utility
easement
.
,
,
.
,
Q
Q
Vegetation
$3,500
Site A
Police Station
utility, area
,
Q
,
e
e
Wall
$16,500
Site B
New civic
arena rear
area
e
8
/
e
6
Combination
S40,000 -
parking
$55,000
Site C
city of eagan
As 1 mentioned on the telephone, the residents near Denmark Avenue have addressed a letter to City
Administrator Hedges asking that they be placed on a Council Agenda in order to request that the
generator be relocated near to the police building. This is scheduled for the Monday, November 2
meeting
The residents letter states that you indicated the generator could go there, implying that there are no other
issues that might prohibit it from being sighted there. Planning consultant Greg Ingraham followed up
with a letter that indicates there were some question as to why the existing police generator could not be
replaced with the new one. Residents may now believe that this is an option. It was my understanding
from the electrical consultant that this was not feasible. The reason stated was that the new generator
must be on the primary electrical line, while the police generator must be wired in aper the transformer.
This was the requirement of the Department of Corrections since the existing generator is considered a
life safer\ generator and supplies the electrical needs for the jail holding cells This requirement
precludes the replacement of the existing unit
Would you please re -review this issue with the electrical consultant and also with the appropriate staff
from the Department of Corrections to clarify. It would also be appropriate for you and our electrical
consultant to revicw the earlier data regarding the costs and constraints for the placement of the generator
at the City Hall,'Police location that were developed early in this review process. If you believe that there
is a location that presents an option from an electrical engineering perspective, please prepare a location
map so this can be reviewed by other City staff, i.e. planning, engineering and inspections for compliance
with other code requirements. Please try to have this completed and back to me by October 26" so there
is ample time for review by the City.
Thanks for vow ppetript attention to this issue.
e
Ken Vn—,
Director of Park and Recreation
cc: Tom hedges,
THOMAS EGAN
MOV0,
October 15, 1998
MUNICIPAL CENTER
363C c KNOB rCAD
THE LONE OAK TREE
PATRICIA AWADA
-OT
EAGA1% MAMJESOTA 55122.1597
BEA BLOMOUIST
3501 "''-IAC-'.'A', -Z)1%
SANDRA A MASIN
THEODORE wACHTEr
Mr. Tom Vagts
C01nte Mq„wK
Dakota Energy Alternatives, Inc
THOMAS HEDGES
4300 - 220`" Street West
C&v Ao .. "O -o,
Farmington, M\ 55024-9583
E J VAN OVERBEKE
CM Crrk
Dear Tom,
As 1 mentioned on the telephone, the residents near Denmark Avenue have addressed a letter to City
Administrator Hedges asking that they be placed on a Council Agenda in order to request that the
generator be relocated near to the police building. This is scheduled for the Monday, November 2
meeting
The residents letter states that you indicated the generator could go there, implying that there are no other
issues that might prohibit it from being sighted there. Planning consultant Greg Ingraham followed up
with a letter that indicates there were some question as to why the existing police generator could not be
replaced with the new one. Residents may now believe that this is an option. It was my understanding
from the electrical consultant that this was not feasible. The reason stated was that the new generator
must be on the primary electrical line, while the police generator must be wired in aper the transformer.
This was the requirement of the Department of Corrections since the existing generator is considered a
life safer\ generator and supplies the electrical needs for the jail holding cells This requirement
precludes the replacement of the existing unit
Would you please re -review this issue with the electrical consultant and also with the appropriate staff
from the Department of Corrections to clarify. It would also be appropriate for you and our electrical
consultant to revicw the earlier data regarding the costs and constraints for the placement of the generator
at the City Hall,'Police location that were developed early in this review process. If you believe that there
is a location that presents an option from an electrical engineering perspective, please prepare a location
map so this can be reviewed by other City staff, i.e. planning, engineering and inspections for compliance
with other code requirements. Please try to have this completed and back to me by October 26" so there
is ample time for review by the City.
Thanks for vow ppetript attention to this issue.
e
Ken Vn—,
Director of Park and Recreation
cc: Tom hedges,
City Administrator /O O
Greg Ingraham, Planning Consultant
MUNICIPAL CENTER
363C c KNOB rCAD
THE LONE OAK TREE
MAI"NANCE FACILITY
-OT
EAGA1% MAMJESOTA 55122.1597
THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
3501 "''-IAC-'.'A', -Z)1%
PHONE (651)651 J000
EAGAN MINNESOTA $5122
FAX (651) 661-4612
Equol OPPOKUMV Emplover
6 (051)6
50
(651) 45' •550
FAX (65I)OV-450
T00 (e51)A54-55J5
tpO (651) 4544536
DD
Agenda Information Memo
November 2, 1998 Eagan City Council Meeting
IX. NEW BUSINESS
ACTION TO BE CONSIDERED:
r To approve or deny a Conditional Use Permit to allow the establishment of a forklift
sales, leasing and service facility upon a 1.7 acre site located north of Lone Oak Road
and west of Lone Oak Circle subject to the conditions listed in the APC meeting
minutes.
e To approve or deny a Conditional Use Permit to allow the outdoor storage of
forklifts and related materials upon the property upon a 1.7 acre site located north of
Lone Oak Road and west of Lone Oak Circle subject to the conditions listed in the
APC meeting minutes.
FACTS:
r The proposed use would occupy an existing 21,600 square foot structure that
presently exists upon the site.
Y No physical changes to the site's existing structure have been proposed. The
applicant intends to utilize existing hard surface areas for off-street parking, forklift
display and outdoor storage.
r The applicant intends to utilize portions of the site's east parking lot for the display of
forklifts and outdoor storage. The proposed display area would overlay two existing
off-street parking stalls located at the southeast comer of the building. The proposed
outdoor storage area is to be located in the extreme northeast comer of the site,
overlaying four existing off-street parking stalls. The outdoor storage area would be
screened via a fence (material not specified).
r At their regular meeting on October 27, 1998, the Advisory Planning Commission
held a public hearing to consider the Conditional Use Permits and recommended
approval subject to the conditions listed in the APC meeting minutes.
BACKGROUND/ATTACHMENTS
October 27, 1998 A��P,C`� ,,
Meeting Minutes page/0v2—/03
Staff report, pages 16 through �z o
/0/
Page 2
October 27, 1998
ADVISORY PLANNING COMMISSION MINUTES DRAFT
fail -wel ,I:" .I laely
CONDITIONAL USE PERMITS
RDO MATERIAL HANDLING COMPANY
Commission Chair Hey] opened the first public hearing of the evening regarding a
Conditional Use Permit to allow outdoor storage and a Conditional Use Permit to allow selling,
leasing, and service of forklifts at 1985 Lone Oak Circle located on Lot 2, Block 1, Eagandale
Center Industrial Park No. 11 in the SW 114 of Section 2.
Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in
the City staffs planning report dated October 21, 1998. Mr. Kirmis noted the background and
history; the surrounding uses, and the existing conditions of the subject property.
RDO Representative Don Webster stated that he was available for questions.
Chair Heyl closed the public hearing.
Member Frank expressed that he felt additional landscaping was necessary in the areas
suggested in the staff report.
Member Steininger inquired as to the type of fence material proposed as an enclosure for
the outdoor storage area. Mr. Webster replied that this had not yet determined, but RDO would
work with staff to find an acceptable material. Further discussion took place regarding an
appropriate screening material. Discussion occurred regarding changing Condition #6 and #12.
Member Carlson moved; Member Frank seconded, a motion to recommend approval of
the Conditional Use Permit to allow outdoor storage and a Conditional Use Permit to allow
selling, leasing, and service of forklifts at 2985 Lone Oak Circle located in the Eagandale Center
Industrial Park No. 11 in the SW 1/4 of Section 2 subject to the following conditions:
The Conditional Use Permits shall be recorded within 60 days of their approval by the
City Council.
2. City Officials determine that limited outdoor display is customary and incidental to the
proposed use.
3. The proposed outdoor storage area shall be shifted westward to lie not less than 40 feet
from the adjacent Lone Oak Circle right-of-way.
4. Outdoor storage activities shall be confined to the rear area of the site within the area
specifically designated on the site plan.
/off
Page 3
October 27, 1998 DRAFT
ADVISORY PLANNING COMMISSION MINUTES 1
5. Forklift display shall be confined to the area graphically identified upon the site plan and
limited to a maximum of two vehicles.
G. The screening provided around the outdoor storage area shall consist of a solid fence.
7. The height of the materials stored outdoors shall not exceed the height of the fence used
to screen such materials.
8. The site plan shall be modified to illustrate an ability to provide 44 off-street parking
stalls as required by the City Code.
9. All trash and recycling containers shall either be stored indoors or within an enclosure in
compliance with applicable City Code requirements.
10. All site signage shall comply with applicable provisions of the City Sign Code.
11. All building, parking/drive aisles, and landscaped areas shall be properly maintained.
12. Additional landscaping shall be provided along the east side of the property.
13. All exterior lighting shall be hooded and directed to deflect light away from adjacent
properties and rights-of-way.
The vote was 5/1 in favor with Member Steininger voting against. Member Steininger
commented that his Nay vote was not a reflection on the proposed use, but rather the requirement
for a solid fence when Roadway Company located near the subject property encloses its storage
of trailers with chain link fencing.
/03
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: October 21, 1998 CASE: 02 -CU -17-09-98
APPLICANT: RDO Material Handling HEARING DATE: October 27, 1998
PROPERTY OWNER: Teacher's Insurance & Annuity PREPARED BY: Bob Kirmis
REQUEST: Conditional Use Permit
LOCATION: 2985 Lone Oak Circle
COMPREHENSIVE PLAN: IND, Limited Industrial
ZONING: I-1, Limited Industrial
RDO Material Handling is requesting approval of a Conditional Use Permit to allow:
1.) The establishment of a forklift sales, leasing and service facility and 2.) The outdoor storage
of forklifts and add-on forklift equipment upon a 1.7 acre site located north of Lone Oak Road
and west of Lone Oak Circle. The property is legally described as Lot 2, Block 1, Eagandale
Center Industrial Park No. 11.
The proposed use would occupy an existing 21,600 square foot structure that presently exists
upon the site.
Conditional Use Permit
City Code Chapter 11, Section 11.40, Subdivisions 4C and 41) provide the following
Subdivision 4C states that the Planning Commission shall recommend a conditional use permit
and the Council shall issue such conditional use permits only if it finds that such use at the
proposed location:
A. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
B. Will be harmonious with the general and applicable specific objectives of the Comprehensive
Plan and City Code provisions.
/o y
Planting Report — RDO Material Handling
October 27, 1998
C. Will be designed, constructed, operated and maintained so as to be compatible in appearance
with the existing or intended character of the general vicinity and will not change the
essential character of that area, nor substantially diminish or impair property values within
the neighborhood.
D. Will be served adequately by essential public facilities and services, including streets, police
and fire protection, drainage structures, refuse disposal, water and sewer systems and
schools.
E. Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be hazardous or detrimental to any persons, property or the general welfare because
of excessive production of traffic, noise, smoke, fumes, glare or odors.
F. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
G. ol'ill not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
Subdivision 41), Conditions. states that in reviewing applications of conditional use permits, the
Planning Commission and the Council may attach whatever reasonable conditions they deem
necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value
of other property within the district, and to achieve the goals and objectives of the
Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall
require such evidence and guarantees as it may deem necessary as proof that the conditions
stipulated in connection therewith are being and will be complied with.
In addition to the requirements for a conditional use permit listed above, Cite Code Section
11. 10, Subdivision 29.2, C, lists performance standards for outdoor storage as follows:
Outdoor storage items shall be placed within an enclosure as necessary to achieve
appropriate security and containment or for public safety reasons when determined
necessary by the city. In general business (GB) and community shopping center (CSC)
zoning districts, the enclosure shall be attached to the principal building and be constructed
of materials which are aesthetically compatible with the principal building. In limited
industrial (1-1) and general industrial (I-2) zoning districts, the enclosure may be detached
from the principal building.
The storage area shall be located in the side or rear yards and shall not encroach into any
required front building setback area or other required setbacks.
Planning Report — RDO Material Handling
October 27, 1998
Page 3
3. The outdoor storage area shall be screened from view from the public right-of-way and
from any adjacent property which is designated for residential uses in the comprehensive
guide plan.
4. The storage area shall not interfere with any pedestrian or vehicular movement.
5. The storage area shall not take up required parking spaces or landscaping areas.
6. The storage area shall be surfaced with concrete or an approved equivalent to control dust
and erosion. The surface shall be properly maintained to prevent deterioration.
PAIN It" $101W ID W4 ki I1
The proposed forklift sales, leasing and service facility is to overlay approximately 1.7 acres of
land located north of Lone Oak Road and west of Lone Oak Circle (Lot 2, Block 1, Eagandale
Center Industrial Park No. 11). The Eagandale Center Industrial Park No. 11 was platted in the
summer of 1995. The subject site is currently occupied by a 21,600 square foot office warehouse
building that was also constructed in 1995. The building was previously ]eased by "The
American Shoe Warehouse".
According to the applicant, the interior building space would be used for the warehousing of
forklifts and parts inventory and related administrative activities (office space). The majority of
forklifts would be delivered to the customer site by the company's delivery truck. Parts would
typically be shipped to customers via private delivery service (i.e. UPS). While the proposed use
would include an interior service area, the majority of service work would be performed at the
customer location from company service vans.
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
North- Industrial; zoned 1-1, guided IND
South- Industrial; zoned I-1, guided IND
East - Industrial and public (Eagan Fire Station); zoned I-1, guided IND
West - Industrial; zoned I-1; guided IND
141X61 NO Kalil
Compatibility with Surrounding Area - The subject site is bounded on all sides by properties
zoned and guided for Limited Industrial use. Provided the proposed outdoor storage area is
/U6
Planting Report - RDO Material Handling
October 27, 1998
Paee 4
properly screened, the proposed use is not anticipated to adversely affect surrounding industrial
uses.
AAii port Noise ConsiderationR - The City of Eagan considered airport noise as a factor in its
Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter
in its Metropolitan Development Guide that anticipates the impacts from the continued operation of
the airport at its current location. The noise policy contours in northern Eagan place the subject
property within Noise Zone III. In this noise zone, an industrial use is consistent.
Site Plan - No physical changes to the site's existing structure have been proposed. The
applicant intends to utilize existing hard surface areas for off-street parking, forklift display and
outdoor storage. Specifically, the applicant intends to utilize portions of the site's east parking
lot for the display of forklifts and outdoor storage. The proposed display area would overlay two
existing off-street parking stalls located at the southeast comer of the building. The proposed
outdoor storage area is to be located in the extreme northeast comer of the site, overlaying four
existing off-street parking stalls. The outdoor storage area would be screened via a fence
(material not specified).
Lone Oak Circle Realignment - Beginning in the spring of 1999, Lone Oak Circle is to be
reconstructed to align with Armstrong Boulevard to the south. At such time when the new Lone
Oak Circle/Lone Oak Road intersection is completed, the existing Lone Oak Circle access to
Lone Oak Road will terminate. This realignment will have the effect of making the southwest
area of the site more visible to northbound vehicular passersby.
Dicey Activities - While Section 1 1.10 Subd. 29.1 of the City code limits outdoor display
activities to commercial zoning districts, question exists whether such activity is customary and
incidental to vehicle sales and leasing activities which are conditionally allowed in the applicable
I-1 zoning district. The acceptability of such accessory activity is considered a policy matter to
be determined by City Officials.
As shown on the submitted site plan, the applicant wishes to display forklifts in the southeast
area of the site. The proposed display area would overlay two existing off-street parking stalls
near the southeast comer of the building. Should the City determine that outdoor display is
customary and incidental to the proposed use (and is acceptable), the display area should be
confined to the area graphically identified on the site plan and not overlay any additional
required parking spaces of the principal use.
Off -Street Parking_- The Zoning Ordinance does not include a specific off-street parking
requirement for sales, leasing and service facilities such as that proposed. The following off-
street parking requirement is, however, considered aDDlicable.
Use
Ratio
Required Spaces
Office (2,560 NSF)
1 space per 150 NSF
17
Warehouse (18,400 GSF)
1 space per 400 GSF (<6,000 sf)
1 space per 1,000 GSF (>6,000 sf)
15
12
Total
44
/a�
Planning Report — RDO Material Handling
October 27, 1998
With an off-street parking supply of 36 spaces, a deficit of ten spaces exists upon the subject
property. As a condition of CUP approval, the site plan should be modified to illustrate a
reasonable manner in which ten additional stalls could be constructed if the need were to arise. It
appears that additional parking could be constructed in the northwest area of the site.
According to the Minnesota State Council on Disability, an off-street parking area containing 26
to 50 stalls must provide a total of two handicap spaces. Thus, applicable handicap parking
requirements have been satisfactorily met.
Outside Storage - According to the applicant, outdoor storage activities are to take place in the
extreme northeast area of the site, overlaying four off-street parking stalls. Outdoor storage is to
be comprised of forklifts and forklift attachments.
According to section 11.10 Subd. 29.2.0 of the City Code, outdoor storage areas must be located
in side or rear yards and may not encroach into any required front building setback area. The
proposed outdoor storage area is shown to lie approximately 35 feet from the adjacent Lone Oak
Circle right-of-way. To fully comply with applicable City Code requirements, the outdoor
storage area should be shifted slightly to the west so as not to lie not less than 40 feet from the
adjacent Lone Oak Circle right-of-way.
Fencing - According to the City Code, outdoor storage areas must be screened from view from
the public right-of-way. As shown on the submitted site plan, both the proposed outdoor storage
area and a portion of the east parking lot are proposed to be fenced. As a condition of CUP
approval, the height of the materials stored outdoors should not exceed the height of the fence
used to screen such materials.
The applicant has indicated that the proposed fencing of a portion of the off-street parking area
relates to a desire to secure the area and screen the building's existing loading area. While the
City Code does not establish specific material requirements for fencing, the storage area's
visibility from Lone Oak Circle may make a "higher quality" fence (other than chain link)
desirable in this instance. This issue should be subject to recommendation by the APC and
determination by the City Council.
Trash Enclosure - The submitted site plan does not illustrate a trash enclosure location. As a
condition of CUP approval, all trash and recyclable containers must be either stored within the
principal building or stored within an enclosure in compliance with applicable City Code
requirements.
$jgnagg - The submitted site plan and building elevations do not specify signage locations or
areas. As a condition of CUP approval, all site signage should comply with applicable
provisions of the City Code.
landSGalJno - While not depicted upon the site plan, a variety of landscaping currently exists
upon the subject property, including several low-level plantings directly east of the proposed
/e�y
Planning Report - RDO Material Handling
October 27, 1998
Page 6
outdoor storage area. To visually enhance the site and visual impact of the outdoor storage area,
consideration should be given to providing additional plantings along the east side of the
property to minimize the visual impact of proposed site fencing.
Site Lighting - No new lighting has been proposed as part of the applicant's development
proposal. As a condition of CUP approval, all exterior lighting should be hooded and directed to
deflect light away from adjacent properties and rights-of-way.
The applicant is requesting a Conditional Use Permit to allow the establishment of a forklift
sales, leasing and service facility upon a 1.7 acre site located north of Lone Oak Road and west
of Lone Oak Circle. Additionally, a Conditional Use Permit has been requested to allow the
outdoor storage of forklifts and related materials upon the property.
Provided the proposed outdoor storage area is properly screened and the applicant can
demonstrate that additional off-street parking could be constructed on site should the need arise,
it appears that the proposed use can be compatible with other uses in the area.
A. To recommend approval or denial of a Conditional Use Permit to allow the establishment of
a forklift sales, leasing and service facility upon a 1.7 acre site located north of Lone Oak
Road and west of Lone Oak Circle
B. To recommend approval or denial of a Conditional Use Permit to allow the outdoor storage
of forklifts and related materials upon the property upon a 1.7 acre site located north of Lone
Oak Road and west of Lone Oak Circle
If approved, the following conditions should apply:
1. The Conditional Use Permits shall be recorded within 60 days of their approval by the Cite
Council.
City Officials determine that limited outdoor display is customary and incidental to the
proposed use.
3. The proposed outdoor storage area shall be shifted westward to lie not less than 40 feet from
the adjacent Lone Oak Circle right-of-way.
Outdoor storage activities shall be confined to the rear area of the site within the area
specifically designated on the site plan.
W ,
Planning Report — RDO Material Handling
October 27, 1998
Paze 7
5. Forklift display shall be confined to the area graphically identified upon the site plan and
limited to a maximum of two vehicles.
6. City Officials shall consider specifying acceptable fencing type (used to screen the proposed
outdoor storage area).
7. The height of the materials stored outdoors shall not exceed the height of the fence used to
screen such materials.
8. The site plan shall be modified to illustrate an ability to provide 44 off-street parking stalls as
required by the City Code.
9. All trash and recycling containers shall either be stored indoors or within an enclosure in
compliance with applicable City Code requirements.
10. All site signage shall comply with applicable provisions of the City Sign Code.
11. All building, parking/drive aisles, and landscaped areas shall be properly maintained.
12. Consideration is given to providing additional landscaping along the east side of the property
to minimize the visual impact of proposed site fencing.
13. All exterior lighting shall be hooded and directed to deflect light away from adjacent
properties and rights-of-way.
// V
FINANCIAL OBLIGATION 02 -CU -17-10-98 & 02 -CU -17-09- LOT 2, BLOCK 1,
EAGANDALE CENTER INDUSTRIAL PARK #11 — RDO MATERIAL HANDLING
There are pay-off balances of special assessments in the amount of 53,933 on the parcel for
which the Conditional Use Permit is requested
At this time, there are pending assessments in the amount of 530,480 on the parcel for which the
Conditional Use Permit is requested. This pending is related to Project 668, which provides for a
street improvement to the property
Based upon the study of the financial obligations collected in the past and the uses proposed for
the property, the following charges are noted. The collection of this financial obligation is not a
condition for the approval of the Conditional Use Permit The Financial Obligation will be
collected at time of connection to the City's Utility System
IMPROVEMENT
TOTAL
USE RATE
QUANTITY AMOUNT
-0-
i
Now
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DevelopmentlDeveloper. RDO Material Handling Co.
Application: Conditional Use Permit
Case No.: 02 -CU -18-09-98
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Agenda Information Memo
November 2, 1998 Eagan City Council
I1111110)XI 319 31 111a I In I'll 311"111110V
ACTION TO BE CONSIDERED:
To approve or deny a Conditional Use Permit to allow a 12,000 -gallon above ground fuel
storage tank on property located at 3659 Kennebec Drive, legally described as Part of Lot 1, and
Part of Lot 2, Block 3, Cedar Industrial Park, in the NW 1/4 of Section 17, subject to conditions
listed in the APC minutes.
FACTS:
Freightmasters has a 153,000 square foot warehouse that operates as a truck and freight
terminal at 3695 Kennebec Drive. Their facility at 3659 Kennebec Drive is used for truck
and trailer parking and equipment maintenance. Freightmasters is proposing to install an
above -ground diesel fuel storage tank at their storage and maintenance facility for use by
their company vehicles.
The site and surrounding properties are zoned 1-I, Limited Industrial. The location of the
proposed tank appears to satisfy the performance standards in the City Code for outdoor
storage.
The City Fire Marshal has reviewed the plans and indicated that the proposed fuel tank meets
Uniform Fire Code requirements. In addition to City review of the Conditional Use Permit,
the tank must be reviewed by the State Fire Marshal prior to installation.
The APC held a public hearing on October 27, 1998, and recommended approval of the
Conditional Use Permit, subject to the conditions in the APC minutes.
ATTACHMENTS:
October 27, 1998 APC Minutes, pa eseee:S}r_
Staff report, pages" through
Page 4
October27, 1998 DRAFT
ADVISORY PLANNING COMMISSION MINUTES
CONDITIONAL USE PERMIT
FREIGHTMASTERS
Commission Chair Hey] opened the next public hearing of the evening regarding a
Conditional Use Permit to allow an above -ground fuel storage tank at 3659 Kennebec Drive,
legally described as part of Lots I and 2, Block 3, Cedar Industrial Park, in the NW 1/4 of
Section 17.
Associate Planner Dudziak introduced this item. Ms. Dudziak highlighted the
information presented in the City staffs planning report dated October 20, 1998. Ms. Dudziak
noted the background and history, the surrounding uses and the existing conditions of the subject
property.
Freightmasters Representative Ron Have shared a photograph of a similar fuel storage
tank. In response to questions, he explained the type of bollard barrier that will be provided
around the tank that will hold diesel fuel.
Chair Heyl closed the public hearing.
Member Steininger moved, Member Bakken seconded, a motion to recommend approval
of the Conditional Use Permit to allow an above -ground fuel storage tank on property located at
3659 Kennebec Drive legally described as Part of Lots 1 and 2, Block 3, Cedar Industrial Park,
in the NW 1/4 of Section 18 subject to the following conditions:
The Conditional Use Permit shall be recorded at Dakota County within 60 days of
Council approval and proof of recording submitted to the city.
2. The tank shall be located in the rear yard as shown on the site plan dated September 11,
1998,
3. A protective barrier that is acceptable to the City Fire Marshall shall be installed around
the tank.
4. The applicant shall provide to the City proof of the State Fire Marshal's review and
approval of the fuel tank prior to its installation.
5. The fuel tank shall be used solely for fueling the occupant's company vehicles. Fuel sales
to others shall not be allowed.
All members voted in favor.
// g
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: October 20, 1998
APPLICANT: Freightmasters, Inc.
PROPERTY OWNER: Ronald Have
REQUEST: Conditional Use Permit
LOCATION: 3659 Kennebec Drive
COMPREHENSIVE PLAN: IND, Limited Industrial
ZONING: I-1, Limited Industrial
SUMMARl OF REQUEST
CASE: 18 -CU -18-09-98
HEARING DATE: October 27, 1998
PREPARED BY: Pam Dudziak
Freightmasters is requesting approval of a Conditional Use Permit to allow a 12,000 -gallon
above ground fuel storage tank on property located at 3659 Kennebec Drive, legally described as
Part of Lot I and Part of Lot 2, Block 3, Cedar Industrial Park, in the NW 114 of Section 17,
AUTHORITY FOR REN"IEN'
City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following.
Subdivision 4C states that the Planning Commission shall recommend a conditional use permit
and the Council shall issue such conditional use permits only if it finds that such use at the
proposed location:
A. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
B. Will be harmonious with the general and applicable specific objectives of the Comprehensive
Plan and City Code provisions.
C. Will be designed, constructed, operated and maintained so as to be compatible in appearance
with the existing or intended character of the general vicinity and will not change the
essential character of that area, nor substantially diminish or impair property values within
the neighborhood.
Planning Report
Freightmasters
D. Will be served adequately by essential public facilities and services, including streets, police
and fire protection, drainage structures, refuse disposal, water and sewer systems and schools.
E. Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be hazardous or detrimental to any persons, property or the general welfare because
of excessive production of traffic, noise, smoke, fumes, glare or odors.
F. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the
Planning Commission and the Council may attach whatever reasonable conditions they deem
necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value
of other property within the district, and to achieve the goals and objectives of the
Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require
such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in
connection therewith are being and will be complied with.
In addition to the requirements for a conditional use permit listed above, the I-1 zoning district
subject above ground fuel storage tanks to the regulations for outdoor storage. City Code
Section 11.10, Subdivision 29.2, C, lists performance standards for outdoor storage as follows:
Outdoor storage items shall be placed within an enclosure as necessary to achieve
appropriate security and containment or for public safety reasons when determined
necessary by the city. In general business (GB) and community shopping center (CSC)
zoning districts, the enclosure shall be attached to the principal building and be constructed
of materials which are aesthetically compatible with the principal building. In limited
industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached
from the principal building.
2. The storage area shall be located in the side or rear yards and shall not encroach into anv
required front building setback area or other required setbacks.
The outdoor storage area shall be screened from view from the public right-of-way and
from any adjacent property which is designated for residential uses in the comprehensive
guide plan.
The storage area shall not interfere with any pedestrian or vehicular movement.
The storage area shall not take up required parking spaces or landscaping areas.
/ Q O
Planning Report
Freightmasters
The storage area shall be surfaced with concrete or an approved equivalent to control dust
and erosion. The surface shall be properly maintained to prevent deterioration.
BACKGROUND/HISTORI'
Cedar Industrial Park was platted in 1967. A Conditional Use Permit was issued in 1978 for the
storage of trailers, and the existing metal building was constructed in 1979. The Freightmasters
facility at 3659 Kennebec Drive is used for truck and trailer parking and equipment maintenance.
The applicant owns other property in Eagan. Freightmasters has a 153,500 square foot
warehouse building that operates as a truck and freight terminal located at 3695 Kennebec Drive.
Freightmasters received a Conditional Use Permit and constructed the building on that property
in 1994.
EXISTING CONDITIONS
Freightmasters operates a truck repair shop on this site. The property contains an existing 50' by
60' two-story building and a communications tower that was constructed at the west end of the
site in 1995. The communications tower %as made taller in 1997. The lot is paved with curb
and gutter around part of the lot; precast concrete was allowed instead of curbing along the north
and west edges of the lot. A chain link fence surrounds the site.
1 AI
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
North - Freightmasters; zoned I-1 (Limited Industrial); guided IND (Limited Industrial)
South - Herregan Distributors, Inc.; zoned I -l; guided IND
East - Multi -tenant office warehouse; zoned 1-1; guided IND
West - Seneca Wastewater Treatment Facility; zoned I-1; guided INS
I47.11 It" I COXXII a NX41011 *31
Compatibility with Surrounding Area - The purpose for the Conditional Use Permit is to allow
an above -ground diesel fuel storage tank to be installed on the site. The applicant indicates that
the tank would be used to dispense fuel for Freightmasters' company trucks. The fuel tank is
proposed to be located near the center of the site, behind the building.
Land scapine!Screenine - City Code requires screening of parking and storage areas from the
public right-of-way. Screening between industrial properties is not required. Existing
landscaping and screening includes a mix of overstory trees and deciduous shrubs along the
front, and vines along the fence. No additional landscaping is proposed for the site.
Access'Circulation - Access to the site is provided from Kennebec Drive. Adequate access and
internal circulation is provided on the site for business operations and emergency vehicles.
Planting Report
Freightmasters
Page 4
Outdoor Storage Standards - The fuel tank is proposed to be located to the rear of the building
and will be surrounded by protective bollards. Screening is discussed in the Landscaping:'
Screening section above. All surrounding properties are industrial; none of the adjacent
properties are guided or zoned for residential use. The location of the tank appears to allow
adequate room for vehicles to maneuver without interference. The tank does not take up required
parking or landscaping areas. The area surrounding the tank is surfaced with bituminous and the
tank will be located on a concrete pad.
The City Fire Marshal has reviewed the plans and has indicated that the package fuel tank meets
the requirements of the Uniform Fire Code for Flammable and Combustible Liquids.
Additionally, the tank must be reviewed by the State Fire Marshal prior to installation.
SUM'.NARY/CONCLUSIOI
The purpose of the Advisory Planning Commission's review of a Conditional Use Permit is to
ensure compatibility with the surrounding area. The fuel tank is proposed to fuel the applicant's
company vehicles only. The site is zoned industrial and is surrounded by other industrial
development. The location of the tank behind the building and near the center of the site meets
setbacks for outdoor storage.
ACTIO\ TO BE CONSIDERED
To recommend approval or denial of a Conditional Use Permit to allow an above ground fuel
storage tank on property located at 3659 Kennebec Drive, legally described as Part of Lot 1,
Block 3, and Part of Lot 2, Block 3, Cedar Industrial Park, in the NW 1/4 of Section 17. If
approved, the following conditions should apply:
The Conditional Use Permit shall be recorded at Dakota County within 60 days of Council
approval and proof of recording submitted to the city.
2. The tank shall be located in the rear yard as shown on the site plan dated September 11, 1998,
3. A protective barrier that is acceptable to the City Fire Marshall shall be installed around the
tank.
4. The applicant shall provide to the City proof of the State Fire Marshal's review and approval
of the fuel tank prior to its installation.
S. The fuel tank shall be used solely for fueling the occupant's company vehicles. Fuel sales to
others shall not be allowed.
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FINANCIAL OBLIGATION 18 -CU -19-09-98 PART LOTS 1 & 2, BLOCK 3, CEDAR
INDUSTRIAL PARK - FREIGHTMASTERS
Conditional Use Permit - There are pay-off balances of special assessments totaling S3,940on
the parcels for which the Conditional Use Permit is requested.
At this time, there are pending assessments totaling S -0 -on the parcels for which the Conditional
Use Permit is requested
Based upon the study of the financial obligations collected in the past and the uses proposed for
the property, the following charges are noted. The collection of this financial obligation is not a
condition for the approval of the Conditional Use Permit The Financial Obligation will be
collected at time of connection to the City's Utility System
IMPROVEMENT USE RATE QUANTITY AMOUNT
None S -0 -
TOTAL
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Location Map
1000 0 1000 Fr
11000•
Development/Developer. Frelghtmasters
Application: Conditional Use Permit
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Development/Developer. Freightmasters
Case No.: 18 -CU -18-09-98
Current Zoning: 1-1 Limited Industrial*�-/
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Development/Developer. Freightmasters
Case No.: 18 -Cu -18-09-98
Current Guide Plan Designation: IND Limited Industrial
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FREIGHTMASTERS
September 16, 1998
CITY OF EAGAN
Planning Department
3830 Pilot Knob Road
Eagan, NP4 55122
Dear Sirs
The property, at 3659 Kennebec Drive, is used for truck and trailer parking and equipment
maintenance. It is our desire to install an above ground fuel storage tank to dispense fuel to our
company trucks. The design of the tank is a full double wall to assure positive leak containment
It also includes all dispensing pumps and safety shutoffs and monitoring -- all factory designed and
installed. The area all round the properly is used for truck and equipment operations.
Sincerely,
Ronald A. Have
President
3703 KENNEBEC DRIVE EAGAN, MINNESOTA 551221 (651) 688.6800