04/20/2004 - City Council Regular
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AGENDA
EAGAN CITY COUNCIL - REGULAR MEETING
EAGAN MUNICIPAL CENTER BUILDING
EAGAN ROOM (2 ID FLOOR)
April 20, 2004
6:30 P.M.
1. ROLL CALL AND PLEDGE OF ALLEGIANCE
if. ADOPT AGENDA
III. RECOGNITIONS AND PRESENTATIONS
f 4-~ A. EAGAN TEEN ADVISORY BOARD
IV. CONSENT AGENDA
A. APPROVE MINUTES
' 3 B. PERSONNEL ITEMS
rI5 C. CHECK REGISTERS
PP
CF . ACKNOWLEDGE Award and PROCLAIM May 2, 2004 as Arbor Day and the month of May as Arbor Month
E. APPROVE and AUTHORIZE SIGNATURE for Northwest Airlines License Agreement for Arbor Day Planting
. APPROVE Heart Healthy Living Program Agreement
G. APPROVE Final Payments for Community Center
Mai H. APPROVE Temporary Liquor License for the Eagan Foundation for a Wine Tasting Event on May 13, 2004
i I. ADOPT Findings of Fact for Denial for a Conditional Use Permit - Cedarvale Business Center
3 J. RECEIVE Bids/Award Contract 03-12, (TH 13 & Silver Bell Road - Intersection Improvements)
K. RECEIVE Feasibility Report, Project 901 (Blue Cross / Blue Shield Well Field Development)
37 L. APPROVE Agreement between Eagan Teen Advisory Board and the Eagan Foundation, Inc.
M. APPROVE Final Planned Development and Final Subdivision - Terra Glenn Addition 43 N. APPROVE Amended Resolution to DNR Remediation Grant Application and AUTHORIZE Signature
F ( YO. ADOPT the 2004-2005 Eagan Airport Relations Commission Communications Plan
F rd P. APPROVE Tobacco License for Al Baker's
V. APPOINTMENT OF ADVISORY COMMISSION MEMBERS
VI. PUBLIC HEARINGS
P6/ A. PROJECT 851 (Town Centre Area - Streets and Access Management) Final Assessment Hearing
06 B. PROJECT 882 (Crestridge Lane - Street Overlay) Final Assessment Hearing
VII. OLD BUSINESS
VIII. NEW BUSINESS
ps? A. PRELIMINARY SUBDIVISION - Wenzel Financial - A Preliminary Subdivision (Schwanz Addition) of
approximately 2.57 acres to create four twin homes on property located at 3200 Pilot Knob Road in the SW '/4 of
q Section 10.
B. INTERIM USE PERMIT - Sowles Properties, L.P. - An Interim Use Permit to allow outdoor storage on Part of
Government Lot 2, located at 3045 Highway 13 in the NW '/a of Section 9.
~,II C. ORDINANCE AMENDMENT - City of Eagan - An Ordinance Amendment to modify Chapter 13 Entitled
"Subdivision Regulations (Platting)" Chapter 13.40, Subd. 3, regarding Variances, to be consistent with the updated
Chapter 11 stated process for Variance requests
D. ORDINANCE AMENDMENT - Fire Works Sales Permit
fix. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
X. ADMINISTRATIVE AGENDA
XI. ECONOMIC DEVELOPMENT AUTHORITY
XII. OTHER BUSINESS
XIII. VISITORS TO BE HEARD (for those persons not on the agenda)
XIV. CLOSED SESSION
XV. ADJOURNMENT
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and
employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or
status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96
hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid.
1 t l~
MEMO
city of eagan
MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: APRIL 16, 2004
SUBJECT: AGENDA INFORMATION FOR APRIL 20, 2004 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the April 20, 2004 City Council agenda, the following items are in
order for consideration.
Agenda Information Memo
April 20, 2004 Eagan City Council Meeting
RECOGNITIONS AND PRESENTATIONS
A. Eagan Teen Advisory Board.
ACTION TO BE CONSIDERED: This is an update for the City Council on the Teen
Advisory Board's (E-TAB) efforts to engage the teen community in activities at the
Community Center.
FACTS:
• E-TAB has been actively meeting and planning for one year.
• The Board has developed a vision, mission statement and goals to help them
move forward with events and activities for the teen population in Eagan.
• E-TAB board members presented a brief overview of their accomplishments and
plans with the Advisory Parks Commission at their March 15 meeting
CONCERNS:
None
ATTACHMENTS:
General background informationf. 3- W
i
' Date: March 15, 2004
Agenda Item: F-1;Recreation Program Update
a Colleen Callahan
Action
Information x
City of Eagan
Parks and Recreation MEMO Attachments x A-1 E-TAR brochure
A-2 Foundation Contract
AGENDA ITEM: F-1; EAGAN TEEN ADVISORY BOARD UPDATE
TO: ADVISORY PARKS COMMISSION
PREPARED BY: COLLEEN J. CALLAHAN, YOUTH DEVELOPMENT COORDINATOR
ITEM OVERVIEW: An update of activity by the Eagan Teen Advisory Board.
BACKGROUND/HISTORY:
The Eagan - Teen Advisory Board, E-TAB is celebrating its one year anniversary. Below is an
outline of their vision, mission and goals which they have been diligently working towards.
Members from the board will be present to provide the details, stories and answers to questions.
Vision
Strengthen the community with a teen voice.
Mission Statement
o To have a place and process that focuses on teens and opportunities for them to make a
difference in the community.
o To enhance the quality of teen programming by engaging teens in the development process.
o To ensure a wide range of recreation activities are offered that provide a safe place for teens to
hang out, socialize, engage in self improvement and create a voice in the community.
Goals
1. Fund Raising and Service - The teens value having a safe place to be. They have decided they
want to be a part of its on-going success by raising funds for staff support and keeping program
fees reasonable for teens. With this in mind they are developing programs, writing business
letters and grants to accomplish this goal. They are recruiting volunteers and pursuing
donations to provide service and offer programs for their peers and the community.
2. Socials - To be involved in the coordination and development of programs
3. "Teen Voice" - Opportunities to present their voice to community groups, the recreation
division, commission, and city council.
There is currently a full board of thirteen active members from Middle and High school. The board
members will have scattered terms with the potential to re-apply.
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3
The youth board is motivated and eager to make a difference in the community. They are excited
to be involved in innovative activities which provide occasions for them and their peers to have a
voice and feel like it matters.
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8
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Agenda Information Memo
April 20, 2004 Eagan City Council Meeting
CONSENT AGENDA
The following items referred to as consent items require one (1) motion by the City Council. If the
City Council wishes to discuss any of the items in further detail, those items should be removed
from the Consent Agenda and placed under Old or New Business unless the discussion required is
brief.
A. APPROVE MINUTES
ACTION TO BE CONSIDERED:
To approve the minutes of the April 7, 2004 regular City Council meeting and the April 13, 2004
special City Council meeting as presented or modified.
ATTACHMENTS:
• Minutes of the April 7, 2004 regular City Council meeting are enclosed on pages
through /P .
• Minutes of the April 13, 2004 special City Council meeting are enclosed on pages
through.
S
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
April 7, 2004
A Listening Session was held prior to the regular City Council meeting at 6:30 in the Eagan Room of the Municipal
Center. There were no visitors who wished to be heard.
A regular meeting of the Eagan City Council was held on Wednesday, April 7, 2004 at 6:30 p.m. at the Eagan
Municipal Center. Present were Mayor Geagan, Councilmembers, Fields, Tilley and Maguire. Councilmember
Carlson was out of town. Also present were City Administrator Tom Hedges, Community Development Director
Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, Assistant to City Administrator
Lord, City Attorney Bob Bauer and Administrative Secretary / Deputy Clerk Mira McGarvey.
AGENDA
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the agenda as presented.
Aye:4 Nay: 0
CONSENT AGENDA
Items S and V were pulled from the Consent Agenda for discussion.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the balance of the Consent
Agenda. AyeA Nay:0
A. Minutes. It was recommended to approve the minutes of the March 16, 2004 regular City Council meeting,
the March 31, 2004 special City Council meeting, the March 16, 2004 Board of Adjustments and Appeals
meeting, and the March 9, 2004 special City Council meeting as presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Benjamin Koenke and Thomas Weinzettel as Eagan
Police Officers contingent upon successful completion of required testing.
2. It was recommended to approve the hiring of Dave Westermayer as an Engineering Technician.
3. It was recommended to approve the hiring of persons to be recommended as Utility maintenance
Workers.
4. It was recommended to approve the hiring of Ella Kylo as a seasonal forestry technician.
5. It was recommended to approve the hiring of Jeremy Barrick as a seasonal tree inspector.
6. It was recommended to approve the hiring of Steve Stafford, Brett Sharp, Allen Mestad, Aaron
Guetzlaff, Ryan Tesky and Lindsey Taylor as seasonal landscape crew laborers.
7. It was recommended to accept the letter of resignation from Wayne St. Martin, Construction
Inspector.
8. It was recommended to accept the letter of resignation from Dispatcher Tony Wrobel.
9. It was recommended to approve the Burnsville Eagan Television staffing allocation as presented to
both the Eagan and Burnsville City Councils on March 9, 2004 and to accept the 2004 budget as
amended.
10. It was recommended to approve the Policy regarding HIPAA Compliance as required by the
Privacy regulations of HIPAA.
C. Check Re isg ters. It was recommended to ratify the check registers dated March 18, 2004, March 25, 2004
and April 1, 2004 as presented.
D. Day of Prayer. It was recommended to proclaim May 6, 2004 as A Day of Prayer in the City of Eagan.
E. Gambling Exempt Permit. It was recommended to adopt a resolution approving a Minnesota Lawful
Gambling Exempt Permit for the Eagan Foundation to hold a raffle to be held at the Eagan Community
Center on May 13, 2004.
F. Tobacco License. It was recommended to approve a License to sell Tobacco Products for Hidalgo Market,
Inc. 42, 4130 Blackhawk Road, Suite 108.
Eagan City Council Meeting Minutes
April 7, 2004
Page 2
G. Tree Maintenance Contractor License. It was recommended to approve Tree Maintenance Contractor
Licenses for Vertical Perfections Tree Care and Outdoor Specialties.
H. Delinquent Utility Bills. It was recommended to schedule a Public Hearing for May 4, 2004 for the purpose
of certification of delinquent utility bills to Dakota County for collection with property taxes.
I. Delinquent False Alarm Bills. It was recommended to set a public hearing for May 4, 2004 to consider the
final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with
property taxes.
J. Premise Permit. It was recommended to approve a Premise Permit for the Eagan Athletic Association to
conduct a pull-tab operation at Al Baker's Restaurant.
K. Service Station Licenses. It was recommended to authorize staff to discontinue licensing service stations.
L. County Road 63 (Baffin Trail Turnback). It was recommended to approve a jurisdictional turnback
agreement with Dakota County and Inver Grove Heights for County Road 63 (Baffin Trail) and authorize
the Mayor and City Clerk to execute all related agreements.
M. Project 806R. It was receive the Final Assessment Roll for Project 806R (Kennerick Addition - Storm
Sewer Improvements) and schedule a public hearing to be held on May 4, 2004.
N. Project 771. It was recommended to approve a resolution requesting the Minnesota Department of
Transportation Commissioner's consideration of a variance to Municipal State Aid (MSA) standards
regarding project plans and specification approval and contract award.
0. Easement Vacation. It was recommended to receive the petition to vacate a portion of a public drainage
and utility easement and schedule a public hearing to be held on May 4, 2004.
P. Ordinance - Security Trailers. It was recommended to approve an ordinance to permit the location of office
trailers on residential property for security purposes for State Constitutional Officers.
Q. Final Plat. It was recommended to approve a Final Plat (Manley Plaza) to create one lot located at 1850
Plaza Drive.
R. Final Subdivision. It was recommended to approve a Final Subdivision to create two commercial lots at
4155 Lexington Way, located on Lot 4, Block 1, Soderholm Addition.
S. Findings of Fact. It was recommended to adopt the Findings of Fact, Conclusions and Resolution of Denial
for a Conditional Use Permit and setback Variance for a pylon sign requested by Realty Designs, Inc. for
property located at 3902 - 3938 Cedar Grove Parkway.
T. Findings of Fact. It was recommended to adopt the Findings of Fact, Conclusions and Resolution of Denial
for a Conditional Use Permit for additional outdoor storage requested by Midwest Tile for property
described as Lot 5, Block 1, Eagan Pointe, located at 3181 Dodd Road.
U. Ordinance Amendment. It was recommended to authorize the preparation of an ordinance amending City
Code Chapter I 1 to require screening of roof top mechanical units for commercial, industrial and
multifamily residential buildings and to establish standards for appropriate levels of development site
lighting.
V. Wireless Fingerprint Identification System. It was recommended to approve a Memo of Understanding
between the City of Eagan and Hennepin County for a "Wireless Fingerprint Identification System".
W. Seasonal Memberships. It was recommended to approve the $75.00 fee and promotion of a 90 day seasonal
membership to the Eagan Community Center.
X. Project 906. It was recommended to receive the petition and authorize the preparation of plans and
specifications by the City Engineer for Project 906/Contract 04-07 (Lexington Ridge - Street
Improvements)
NEW BUSINESS
CONDITIONAL USE PERMIT - CEDARVALE LANES
City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to allow an
additional volleyball court in the parking lot April through August at property located at 3883 Cedar Grove Parkway.
City Planner Ridley gave a staff report.
A brief discussion was held regarding the condition that no alcoholic beverages be served or brought onto the
volleyball courts.
Eagan City Council Meeting Minutes
April 7, 2004
Page 3
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to
allow an additional volley ball court in the parking lot April through August at property located at 3883 Cedar Grove
Parkway, subject to the following conditions: Aye: 4 Nay: 0
1. The Conditional Use Permit shall be recorded at Dakota County Recorder's office within 60 days of its
approval by the City Council.
2. A copy of the parking agreement shall be provided to the City prior to release of the Conditional Use
Permit.
3. The volleyball courts may be used during May through August each year. The courts shall be removed
by Labor Day each year.
4. The volleyball courts shall be in the location shown on the site plan dated 12/12/03.
5. The volleyball courts shall be secured by fencing and other materials as shown in the elevation plans
dated 12/12/03, and access to the courts shall be gained only through the main building.
6. All signage shall comply with the City Sign Code requirements.
7. No alcoholic beverages may be served or brought into the volleyball courts or the walkway leading to
the courts.
8. A building permit shall be obtained each year prior to construction of the volleyball courts, decking and
associated facilities.
9. Site lighting shall be indirect and diffused and lighting shall not be directed upon public rights-of-way
or adjacent properties. Light standards shall not exceed 27 feet in height.
10. To ensure access in case of emergency, no parking shall be allowed adjacent to the courts.
11. This Conditional Use Permit shall amend the CUP approved in 1998.
PLANNED DEVELOPMENT AMENDMENT - HOME DEPOT
City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a garden
hoop structure within the seasonal sales area on property located at 3220 Denmark Avenue. City Planner Ridley
gave a staff report.
Todd Moser, representing Home Depot, described the proposed structure. Councilmembers agreed that the color of
the structure should be white.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development
Amendment to allow a garden hoop structure within the seasonal sales area on property located at 3220 Denmark
Avenue subject to the following conditions: Aye: 4 Nay: 0
1. An Amendment to the Planned Development Agreement shall be executed and recorded against the
property.
2. The temporary hoop like structure stored in the seasonal sales area is limited from April to mid-July
each year.
3. A building permit is required for the hoop structure each year.
4. The temporary hoop structure shall be located as indicated on plans dated February 13, 2004.
5. The approved hoop structure shall only house plants and related gardening items.
6. The material of the hoop structure shall be white.
PRELIMINARY SUBDIVISION (PATRICK EAGAN PARK ADDITION) AND REZONING
TRUST FOR PUBLIC LAND
City Administrator Hedges introduced this item regarding a proposed Preliminary Subdivision of 11 acres to create a
two acre parcel and a nine acre outlot, and a rezoning of 2 acres located at 4045 Lexington Avenue. City Planner
Ridley gave a staff report and requested that the Final Subdivision for Patrick Eagan Park Addition be considered as
well.
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Eagan City Council Meeting Minutes
April 7, 2004
Page 4
Councilmember Maguire moved, Councilmember Tilley seconded a motion to add consideration of the Final
Subdivision for Patrick Eagan Park Addition to the agenda. Aye: 4 Nay: 0
Bob McGillvary, representing Trust for Public Land expressed his opposition to the sanitary and storm sewer trunk
charges and subdivision fees. The Council and applicant discussed the fees as being "fair share" fees, not
development fees.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Rezoning of 2 acres located
at 4045 Lexington Avenue from Agriculture to E, Estate. Aye: 4 Nay: 0
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision
(Patrick Eagan Park Addition) of 11 acres to create a two acre parcel and a nine acre Outlot on property located at
4045 Lexington Avenue; subject to the following conditions: Aye: 4 Nay: 0
1. The developer shall comply with these standards conditions of play approval as adopted by
Council on February 2, 1993: A1, B1, 3.
2. The property shall be platted.
3. This development shall dedicate public right-of-way along Lexington Avenue, as determined by
the Dakota County Plat Commission.
4. The final plat shall show dedicated right-of-way of 75 feet for Outlot A.
5. To preserve the integrity of the area, a covenant, in a form acceptable to the City Attorney, shall be
prepared and recorded against the property that prohibits further subdivision of Lot 1, Block 1.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the Final Subdivision
(Patrick Eagan Park Addition) of 11 acres to create a two acre parcel and a nine acre Outlot on property located at
4045 Lexington Avenue. Aye: 4 Nay: 0
Councilmember Maguire moved, Councilmember Tilley seconded a motion to recess the regular City Council
meeting and immediately convene a meeting of the Economic Development Authority at 7:20 p.m.. Aye: 4 Nay: 0
Councilmember Maguire moved, Councilmember Tilley seconded a motion to reconvene the regular City Council
meeting at 7:30 p.m.
OTHER BUSINESS
RESOLUTION APPROVING THE PURCHASE AGREEMENT FOR CITY ACQUISITION OF
PROPERTY FOR REDEVELOPMENT, CEDAR GROVE REDEVELOPMENT DISTRICT
JIM COOPER GOODYEAR
City Administrator Hedges briefly discussed the proposed Purchase Agreement for the City Acquisition of Property
for redevelopment in the Cedar Grove Redevelopment District.
Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt a Resolution Approving the
Purchase Agreement for City Acquisition of Property for Redevelopment, Cedar Grove Redevelopment District, Jim
Cooper Goodyear, 3999 Cedarvale Drive, and Related Agreements. Aye: 4 Nay: 0
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the regular City Council
meeting at 7:35 p.m.
Eagan City Council Meeting Minutes
April 7, 2004
Page 5
Date Deputy City Clerk
If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City
of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535).
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities,
facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual
orientation, marital status or status with regard to public assistance.
MINUTES
SPECIAL CITY COUNCIL MEETING
TUESDAY
APRIL 13, 2004
5:30 P.M.
EAGAN ROOM - EAGAN MUNICIPAL CENTER
City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire and
Tilley.
City staff present: City Administrator Hedges, Assistant to the City Administrator Lord, Director of
Community Development Hohenstein, City Planner Ridley, and Communications Director
Garrison.
1. ROLL CALL & AGENDA ADOPTION
The Mayor called the meeting to order. City Administrator Hedges summarized the agenda
and noted that the Sowles were in the audience and, therefore, if it was the Council's desire the
Sowles IUP request could be the first item of the agenda. The City Council concurred.
Councilmember Tilley moved; Councilmember Fields seconded a motion to adopt the
agenda as amended. Aye: 4 Nay: 0 (Councilmember Maguire not present for vote.)
II. VISITORS TO BE HEARD
There were no visitors to be heard.
III. SOWLES IUP REQUEST
City Administrator Hedges introduced the item noting that the Sowles Company was
previously before the City Council for consideration of a Conditional Use Permit for outdoor
storage and the installation of a tower crane on property located at 3045 Sibley Memorial Highway.
At that time, the Council expressed concerns regarding the types of outdoor storage to be permitted
at different locations on the site and about the long-term impact of having a tower crane located at
this site. Hedges continued, noting that the Council gave direction for the preparation of Findings
of Fact for Denial of the Conditional Use Permit because of those concerns, but indicated that the
concerns might be addressed through consideration of an Interim Use Permit and a discussion at a
workshop with the applicant.
The City Council discussed the Sowles IUP request and, in particular, their request that the
IUP have a term of five years. There was Council consensus that an ]UP for outdoor storage in
Sections 6 and 7 of the property be limited to one to two years.
The City Council discussed the Council's previous action regarding the tower crane.
Director of Community Development Hohenstein clarified that the applicant had previously
Special City Council Minutes
April 13, 2004
Page 2 of 2
withdrawn the CUP request for the tower crane and instead submitted an IUP to be discussed at a
City Council workshop, as the City Council had requested. The Council further discussed the
placement of the tower crane. The Mayor noted that the Council had limited time for discussion on
this item at tonight's workshop. City Administrator Hedges stated that the Council could further
discuss this item at the April 20 meeting, at which time additional background will be provided as
to the City Council's previous discussion and action on this item. The Mayor closed the discussion
on this item and thanked the Sowles for attending.
IV. APPROVAL OF REQUEST FOR PROPOSALS FOR CEDAR GROVE
REDEVELOPMENT DISTRICT MASTER DEVELOPER AND AUTHORIZATION
FOR DISTRIBUTION
City Administrator Hedges introduced the item noting that this item was continued from the
April 7 Economic Development Authority meeting to permit all Councilmembers to be present for
its consideration. Director of Community Development Hohenstein provided a summary of the
RFP and the circumstances leading up to the RFP. The City Council discussed the proposed RFP
and provided direction for staff to further clarify that on page 3 of the RFP, the City is looking for
partnerships rather than to piecemeal the parcels. The Council also requested that traffic concerns,
as noted through the AUAR, be noted earlier in the RFP.
Councilmember Tilley moved; Councilmember Fields seconded a motion to approve the
request for proposals for the Cedar Grove Redevelopment District Master Developer as modified
and authorized distribution of the RFP's. Aye: 5 Nay: 0
V. INTERVIEWS OF ADVISORY COMMISSION APPLICANTS
The City Council began the first of the three nights of interviews of Advisory Commission
applicants.
VI. OTHER BUSINESS
There was no other business.
VII. ADJOURNMENT
The City Council workshop adjourned at 9:45 p.m.
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Agenda Information Memo
April.20, 2004 Eagan City Council Meeting
B. PERSONNEL ITEMS
Item 1. Retirement/Police Captain--
ACTION TO BE CONSIDERED:
To accept the letter of resignation from Rick Swanson, Police Captain, who will be retiring in
September of this year after over 29 years of employment with the City of Eagan.
Item 2. Police Dispatchers
ACTION TO BE CONSIDERED: To approve the hiring of two persons to be recommended
for hire as Police Dispatchers, contingent upon successful completion of the City's required
physical, psychological and drug testing.
FACTS:
■ Interviews have been held for dispatcher candidates.
■ It would be appropriate for the Council to approve the hiring of persons to be named after
they successfully complete the required testing.
Item 3. Utility Maintenance Workers—
ACTION TO BE CONSIDERED: No formal action is required on this item. The Council is
informed that the names of the two persons approved to be hired as Utility Maintenance Workers
at the April 7, 2004 City Council meeting are Jay Morgan and Rick Nelson.
Item 4. Part-time Seasonal Concessions Workers--
ACTION TO BE CONSIDERED:
To approve the hiring of Christopher Buntjer, Deb Buntjer, Melissa Buntjer, Meghan Chappuis,
Erik Johnsen, Gabrielle Johnson, Tori Julian, Nick Landauer, Christie Mason, Matthew Mason,
Mike Mason, Rachel Nygaard, Jill Petsinger, Alexander Phillips, Austin Phillips, Conor Pierce,
Erin Severson, Lindsay Severson, Jessica Sjoberg, Amber Stevenson, Kevin Stevenson and Julie
Wavrunek as part-time seasonal concessions workers.
Item 5. Preschool Program Coordinator
ACTION TO BE CONSIDERED:
To approve the change in status of the Preschool Program Coordinator position from Full-time
Exempt to Part-Time Non-Exempt.
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Agenda Information Memo
April 20, 2004 Eagan City Council Meeting
Item 6. Health Care Savings Plan/Clerical Bargaining Unit
ACTION TO BE CONSIDERED:
To approve a letter of agreement with the Clerical Bargaining Unit (Teamsters Local 320) to
establish provisions for their unit members for a Health Care Savings Plan.
FACTS:
■ In 2003, the Council approved the establishment of Health Care Savings Plans (HCSP) by
various groups at the City of Eagan.
■ Under Federal law, each group determines the provisions of their individual group plans.
■ The membership of the Clerical Bargaining Unit has approved a HCSP for their group.
■ There is no contribution from the City contained in the plan.
■ The appropriate procedure for City approval of the plan of the Clerical collective
bargaining group at this time is a letter of agreement.
Item 7. Job Evaluation System
ACTION TO BE CONSIDERED:
To approve contracting with the firm of Riley, Dettmann & Kelsey to use the RDK Job
Evaluation System to perform job evaluations for positions at the City of Eagan during 2004.
FACTS:
■ In 1984, the Minnesota State Legislature passed the "Pay Equity" or "Comparable Worth"
legislation, a section of which mandated that all political subdivisions, including cities,
use a job evaluation system in order to determine the comparable work value of the work
performed by each class of its employees.
■ Every jurisdiction is required to use evaluations from whatever system they utilize when
filing a mandatory comparable worth report to the State of Minnesota, which the State
uses to determine if the City is in compliance with the requirements of the pay equity law.
■ In 1986, the City of Eagan began using the then newly developed Time Spent Profile
(TSP) system to evaluate all jobs at the City as required by the new legislation.
■ Currently, that evaluation system is almost 20 years old and management feels it does not
adequately address all the changes in job responsibilities over the years, most especially
the impact of new technology, equipment and processes.
■ Depending on current actions of the legislature, the City could be required to submit their
next pay equity report to the State as early as 2005.
■ Staff researched the various job evaluation systems currently in use at other
municipalities to determine what systems are in use and the pros and cons of each.
■ It is the recommendation of the senior management team that the City contract with the
firm of Riley, Dettmann & Kelsey to use the RDK Job Evaluation System to perform job
evaluations for positions at the City of Eagan during 2004, prior to any new report to the
State.
■ There is money in the budget for this contract.
■ At its meeting on Thursday, April 15, the Personnel Committee of the City Council
approved recommending the utilization of the new system to the Council as a whole.
Agenda Information Memo
April 20, 2004 Eagan City Council Meeting
C. RATIFY CHECK REGISTERS
ACTION TO BE CONSIDERED:
To ratify the check registers dated April 8, 2004 and April 15, 2004 as presented.
ATTACHMENTS:
• Check registers dated April 8, 2004 and April 15, 2004 are enclosed without page
number.
Agenda Information Memo
April 20, 2003 Eagan City Council Meeting
Consent Agenda D.
ACKNOWLEDGE AWARD AND PROCLAIM MAY 2, 2004 AS ARBOR DAY
AND THE MONTH OF MAY AS ARBOR MONTH
ACTION TO BE CONSIDERED:
To acknowledge Eagan as the recipient of the 2003 Tree City USA Award from the
National Arbor Day Foundation, and approve the Arbor Day Resolution setting Saturday,
May 1 as Arbor Day and May, 2004 as Arbor Month in the City of Eagan.
FACTS
• Eagan has received the Tree City USA community designation from the National
Arbor Day Foundation for the sixteenth consecutive year. Each year the Parks
and Recreation Department conducts an Arbor Day program which includes
participation in a tree planting project. This year the 17th annual event will be
held at Central Park.
• Recognition as a Tree City is based on efforts by the City to promote tree
planting in the community and the resolution demonstrates that effort.
• To become a Tree City, a community must meet four standards: a tree board or
department, a tree care ordinance, a comprehensive community forestry program,
and an Arbor Day observance.
• Eagan has demonstrated progress in the following forestry activities:
Publications, parks and open space, and improved ordinance.
• The resolution was recommended for adoption by the Advisory Parks and
Recreation Commission.
• Receiving these awards acknowledges the City's efforts to minimize
environmental impact during developments, and adhere to policies such as
"Forever Green," aimed to maintain and enhance Eagan's trees and foliage.
Scheduled Arbor Day activities include:
9:00 -9:20 Public arrival / social hour
9:20 - 9:30 Welcome and sharing of the Arbor Day schedule by City staff
9:30 - 10:30 Educational Tours
- Grandfather Tree
- Woodland and Wetland Restoration
- Site Landscaping
10:45 - 11-45 Installation of trees, shrubs and perennials in the north grounds
area
11:45 - 12:15 Announcement of the 2005 Arbor day poster contest winner
12:15 - 1:00 Lunch served (outdoor grilled lunch prepared by City staff)
ATTACHMENTS:
• Eagan Arbor Day and Eagan Arbor Month resolution on page
• 18tn annual Arbor Day Celebration flyer on page.
/v
CITY OF EAGAN
RESOLUTION
A PROCLAMATION OF EAGAN ARBOR DAY
AND EAGAN ARBOR MONTH
WHEREAS, trees are a most valuable resource in the State of Minnesota and City of
Eagan - purifying our air and water, helping conserve our soil, serving as a recreational settings,
providing habitat for wildlife for all kinds, and enriching our lives in so many important ways;
and
WHEREAS, pollutants, tree diseases and urban expansion have damaged and continue to
threaten our trees, creating the need for reforestation programs and concerted public action
toward ensuring the future of out City's urban forests; and
WHEREAS, each year the people of Minnesota pay special attention to the wonderful
gift that our trees represent and dedicate themselves to the continued health of our state's trees;
and
WHEREAS, The City of Eagan has been recognized as a Tree City USA community by
the National Arbor Day Foundation since 1988 and desires to continue its tree-planting programs;
NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby
proclaim Saturday, May 1, 2004 to be ARBOR DAY and the month of May, 2004 to be ARBOR
MONTH in the City of Eagan.
BE IT FURTHER RESOLVED that the Mayor and Council further urge citizens to
become more aware of the importance of trees to the well-being of our community; and to
participate in City tree planting programs which will ensure a greener place for our citizens to live
in the decades to come.
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Deputy Clerk
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated:
CERTIFICATION
I, M. McGarvey, Deputy City Clerk of the City of Eagan, Dakota County, Minnesota, do
hereby certify that the foregoing resolution was duly passed and adopted by the City Council of
the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 16'h
day of April, 2004.
Deputy Clerk
17
44 City of Eagan Tree City, USA
18th ANNUAL ARBOR DAY CELEBRATION
TO BE HELD AT THE
EAGAN COMMUNITY CENTER
SATURDAY - May 1, 2004
Dear Resident,
Celebrate Arbor Day!
You are invited to join with the City of Eagan as we celebrate Arbor Day on Saturday, May 1 St
2004 at the Eagan Community Center. (Turn left off Pilot Knob, just north of Yankee Doodle Road).
Arbor Day has been celebrated in Eagan since 1987, and was established nationally to emphasize
the importance of trees and community reforestation.
Scheduled activities include:
9:00 -9:20 Public arrival / social hour
9:20 - 9:30 Welcome and sharing of the Arbor Day schedule by City staff
9:30 -10:30 Educational Tours
- - Grandfather Tree
- Woodland and Wetland Restoration
- Site Landscaping
10:45 - 11-45 Installation of trees, shrubs and perennials in the north grounds area
11:45 - 12:15 Announcement of the 2005 Arbor day poster contest winner
12:15 - 1:00 Lunch served (outdoor grilled lunch prepared by City staff)
For further information or to volunteer for planting, please contact the Parks Maintenance office at
(651) 675-5300. It is requested that you register for this event so we can ensure sufficient amounts
of food for the picnic lunch. Thank you.
Paul Olson Gregg Hove
Superintendent of Parks Supervisor of Forester
See you there!
I: Wrbor day'arbor day invite2004
Agenda Memo
April 20, 2004 Eagan City Council Meeting
Consent Agendax E
APPROVE AND AUTHORIZE SIGNATURE FOR NORTHWEST AIRLINES
LICENSE AGREEMENT FOR ARBOR DAY PLANTING
ACTION TO BE CONSIDERED: Authorize the Mayor to sign a License
Agreement with Northwest Airlines allowing installation of plant materials by the
City on a portion of NWA property as part of the annual Arbor Day celebration.
FACTS:
• The annual City Arbor Day celebration is scheduled to take place in Central Park
on Saturday, May 1 2004
• This planting site will be along the north border of the City property, abutting
property owned by NWA
• To accomplish the goal of providing a backdrop to the bandshell area, staff has
determined that it will be necessary to utilize a small portion of NWA property.
• The plantings are consistent with the overall plan for the site.
• Staff has met with representatives of NWA who are supportive of the effort,
pending approval of a License Agreement covering use of the property and
maintenance of the planting
• The agreement has been submitted to the City Attorney for review. It will be
forwarded to the Mayor for signature upon approval of the City Attorney.
• The date of receipt of the agreement and the approaching date of Arbor Day, did
not allow for inclusion on the consent agreement nor the May 4 agenda
ATTACHMENTS:
• None
Agenda Information Memo
April 20, 2004 City Council Meeting
CONSENT AGENDA F
APPROVE HEART HEALTHY LIVING PROGRAM AGREEMENT FOR EAGAN
COMMUNITY CENTER
FOR COUNCIL ACTION:
To approve an agreement between the Eagan Community Center and Heart Health
Living, P.A. to provide cardiac rehabilitation maintenance program services and direct
the Mayor and City Clerk to sign the agreement document.
FACTS:
• Heart Healthy Living, P.A. (HHL) is an independent contract service that offers Phase
III/IV Cardiac Rehabilitation Maintenance Program services.
• HHL wishes to contract the use of the Eagan Community Center's exercise studio,
walking track, exercise equipment, conference room and locker rooms Monday,
Wednesday and Friday from 11:00 a.m. - 12:15 p.m. for HHL clients and staff.
• HHL agrees to pay the City 20% of all revenue gained by client program participation
fees, which will be confirmed by monthly attendance sheets.
• A six-month review will be conducted by the City and HHL to evaluate fee structure and
commissions.
• HHL will provide general liability insurance at $1,000,000 per occurrence and
$1,000,000 per year as well and Professional Liability at $1,000 per occurrence and
$1,000,000 per year.
ATTACHMENTS:
Copy of agreement.,Pao 9;L 5.
C~) V
i
Phase M(IV Cardiac Rehabilitation Program Services Agreement Between
Eagan Community Center and Heart Healthy Living, PJL
This Phase IIUIV Cardiac Rehabilitation Program Services Agreement ("Agreement") is
made this day of , 2004 by and between the City of Eagan ("City") and Heart
Healthy Living, P.A_, 120 Choctaw Circle, Chanhassen, Minnesota 55317 to be valid though
December 31, 2004 (hereinafter the "Parties").
RECITALS
WHEREAS, Heart Healthy Living, PA (HIM) is an independent contract service that offers
Phase IMW Cardiac Rehabilitation Maintenance Program (Phase MV Program) services;
WI~REAS, the City's Community Center offers as part of its service to the community, a
fitness facility to promote community health and fitness;
WHEREAS, it is the desire of the HHL and the City's Community Center to have a
contractual agreement whereby HHL operates a Phase E UIV Program with classes at mutually
agreeable times, providing staff and specialized cardiac equipment using guidelines provided by
the American Association of Cardiovascular and Pulmonary Rehabilitation (AACVPR). The
City's Community Center will provide facility based support stall general exercise facilities,
studio, exercise equipment and maintenance of this equipment;
WI~REAS$ HI-IL and the City are independent contractors, not employer and employee or
principal and agent;
WHEREAS, HHL desires to use the facility and the City is willing to provide HHL access to
an exercise studio, walking track, exercise equipment, conference room (Monday, Wednesday
and Friday from 11:00-12:1 5pm) and locker rooms for HHL clients and staf, subject to terms
and conditions of this Agreement;
WHEREAS, UHL clients will be participants of the Heart Healthy Living Exercise Classes, a
Phase MAV Cardiac Rehabilitation Program directed by Lorene Brown MS, RN, CNS.
NOW, WHEREFORE, in consideration of mutual covenants and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as
follows:
Sectioul: Heart Healthy Living, PA. Obligations
• HHL will manage and operate a Phase MV Program within the guidelines for
community based cardiac rehabilitation provided by AACVPR, with classes at
mutually agreeable times.
C/
• MIL will provide Phase MV Program staff that meets the minimum
qualifications outlined by the AACVPR guidelines for community based
maintenance cardiac rehabilitation-
& HHL will provide cardiac arrest emergency equipment; defibrillator (if no AED is
available at the City's Community Center), oxygen, medications, blood pressure
cuffs, stethoscopes and other disposable supplies. Emergency equipment and supplies
will be for use only by BBL staff and are not available for public use.
• HIM will provide maintenance and replacement of emergency equipment and
supplies.
• HHL and the City will jointly market the Phase HM Program to physicians, health
care services and members of the community.
• BBL will provide program brochures.
• Holidays and cancellations due to weather, inadequate staffing or other reason will be
at the discretion of the Program Director.
• HHL will provide a list of clients enrolled in the program on a monthly basis for class
check-in upon their arrival and comply with security measures directed by the City.
Section 2; City's Community Center Obligations
• The City will provide an appointed member of the management team to confer with
in program development and evaluation with the BBL Program Director.
• Upon request by HHL, the City shall provide appropriate orientation to HHL staff
with respect to operating procedures and emergency procedures.
• The City will provide access to exercise areas and equipment necessary for the Phase
EWW Program during specified class times, daily locker service preceding and
following the Phase MV program class time without additional charge to the clients.
• The City will provide HHL staff access to and use of the facility within the City's
Community Center's scheduled hours of operation without charge.
• The City shall provide locked, overnight storage space for HHL emergency
equipment, client files and HHL's fitness equipment (55-70 degrees F). Access to this
equipment shall be gained by the fitness staff on duty.
• The City shall provide basic janitorial services.
• The City and HHL will jointly market the Phase EWIV Program to physicians, health
care services and members of the community.
2
a~.
• The City will provide the HHL programs in quarterly program schedules and other
promotional materials.
• The City shall provide HER., its clients and staff use of a performance studio, walking
track, exercise equipment, meeting room and locker rooms during the hours of 11:00-
12:15 p.m. on Monday, Wednesday and Friday and use of the locker room preceding
and following HHL class time. Clients will not have access to the facility without
membership at any other times without prior mutual agreement.
Section 3: Discrimination
• HER. and the City will comply with all laws regarding discrimination on the basis of
race, religion, creed, sex or national origin in the provision of services as well as
corresponding policies and practices of the City and HER, regarding these and other
forms of discrimination such as age, sexual orientation and or physical or mental
ability.
Section 4: Indemnity and Liability
• Indemnity Obligations of HHL: BBL shall defend, hold harmless and indemnify the
City's Community Center and the City of Eagan against any and all claims, liabilities,
damages or judgments asserted against, imposed upon or incurred by the City which
may arise out of any services provided or to be provided by HHL under this
Agreement or the malpractice or negligence of HER., its advisory board, director or
its staff in discharge of its or their professional responsibilities to a participant of the
Phase IIUIV Program under this Agreement.
• General Liability of HER,: HELL agrees to provide general liability insurance at
$1,000,000 for each occurrence and $1,000,000 per year. BBL will provide a
certificate of insurance evidencing this coverage.
• Professional Liability of HER,: Each RN and Cardiac Rehabilitation Therapist
(Exercise Physiologist, Occupational Therapist, Exercise Specialist or Physical
Therapist) providing services for the Phase HM Program, including the Program
Director will be required to carry professional liability insurance at $1,000,000 for
each occurrence and $1,000,000 per year. Each program staff member will be
required to provide a certificate of insurance evidencing this coverage to the program
director.
3
o?3
Section 5: Billing and Fees
• BBL agrees to manage the billing and collection of monies from program participants
and their spousestsignificant others.
• Each participant (resident or non-resident of Eagan) will be charged a monthly fee of
$85.00 for Phase EWIV program participation. Participants need not hold a
membership to the City's Community Center.
• The first calendar month of their enrollment, an initial interview charge of $85.00 will
be billed, by HHL, to the participant. All subsequent classes within in first calendar
month of their participation will be free.
• Each non-member spouse or significant other will be charged a monthly fee of
$35.00.
• HHL agrees to pay the City 201/9 of all revenue gained by
client program participation fees, paid to the City on a monthly basis. MIL will
provide the monthly attendance sheet, listing clients and spouses/significant others
who have attended to verify the 20% revenue.
• Payment is to be paid to the City at the Eagan Community Center by the 15'' of each
month.
• A six-month review will be conducted by the City and H BL to evaluate fee structure
and commissions.
Section 6: Relationship of the Parties
HHL acknowledges the separateness of their respective organizations and undertakings and that
the relationship between them is that of independent parties who are contracting with each other
solely for the purpose of making available HIM Phase HWV Cardiac Rehabilitation Services on
the premises of the City's Community Center. None of the provisions of this Agreement is
intended to create nor shall be deemed or construed to create any other relationship between
them, nor shall any of their respective employees, agents of representatives be construed or
deemed to be employees, agents or representatives of the other.
Section 7: Miscellaneous Provisions
• The services performed by either party are not to be assigned or transferred without
prior written approval of the other party.
• This Agreement constitutes the entire agreement between the parties and shall not be
amended or altered except by written memorandum executed by the parties.
4
a~
• The Parties will endeavor to prepare a new agreement each year. If either parry
chooses to cancel or terminate agreement at any time, with or without cause, they
reserve the right to do so. Provided, the canceling agency must submit a thirty (30)
day written notice of intention to terminate the Agreement. Notice should be sent via
U. S. mail to the following:
City of Eagan
Attn: Maria Petersen, Clerk
3830 Pilot Knob Road
Eagan, MN 55122
Heart Healthy Living, P.A.
Attn: Lorene Brown, President
120 Choctaw Circle
Chanhassen, MN 55317
• In the event that the annual agreement is not updated and signed by the expiration
date of the former agreement, the former agreement will continue in its entirety until
a new agreement has been signed, or until written intent to terminate the agreement
has been received by the other agency.
In witness thereof the parties hereto to have executed this Agreement the day and year first above
written.
City of Eagan, a Minnesota municipal Heart Healthy Living, PJL, a Minnesota
Municipal corporation corpora ' n _
By: By:
Pat Geagan Lorene Brown US., RN., C.N. S.
Its: Mayor Its: President
By:
Maria Petersen Its: Clerk
5
42 S,-
Agenda Information Memo
April 20, 2004 Eagan City Council Meeting
CONSENT AGENDA G.
APPROVE FINAL PAYMENT - COMMUNITY CENTER CONTRACTS
ACTION TO BE CONSIDERED: To approve final payment for contracts
completed for the Community Center project.
FACTS:
• Several contracts have been completed and final payments have been requested.
• The following contracts have been reviewed by the Construction Management
firm and staff to verify that their work has been substantially completed.
#4 Hollenbeck & Nelson
#5 Hawk & Sons, Inc.
96/8 Bens Tools
#9 Kellington Construction
#11 Minuti Ogle
#15 Seal-Treat
#17 Architectural & Construction Services
#19 Grazinni
#22/23/26 Anderson Ladd
#24 Re-Source Minnesota
#27 H & B
#29 Landmark
• There are 12 contracts that have not received final payment to date and are still
open. It is expected that those contracts will be finalized within the next 30 days.
CONCERNS:
None
ATTACHMENTS:
None
a6
Agenda Information Memo
April 20, 2004
H. APPROVE TEMPORARY LIQUOR LICENSE FOR THE
EAGAN FOUNDATION FOR A WINE TASTING EVENT ON MAY 13, 2004
ACTION TO BE CONSIDERED:
To approve a temporary on-sale liquor license for the Eagan Foundation, or
To approve the temporary on-sale liquor license for the Eagan Foundation and waive the
$150.00 license fee.
FACTS:
• The Eagan Foundation has requested a temporary on-sale liquor license be issued to
them for a wine tasting event planned for May 13, 2004. The charitable event is
being held to raise funds for the various projects of the Eagan Foundation.
• The application form has been submitted and deemed in order by staff. In the past,
the Eagan Foundation has requested that the $150.00 license fee be waived. This
year, due to concern regarding budgetary constraints faced by the City, the
Foundation submitted the $150.00 fee. If the Council so desires to waive the
$150.00 license fee, they should take the appropriate action.
• Following Council approval, the application will be forwarded to the Department of
Public Safety/Liquor Control Division for their approval.
Agenda Information Memo
April 20, 2004 Eagan City Council Meeting
1. FINDINGS OF FACT, CONCLUSIONS & RESOLUTION OF
DENIAL - CEDARVALE BUSINESS CENTER
ACTION TO BE CONSIDERED:
To adopt the Findings of Fact, Conclusions & Resolution of Denial for a Conditional
Use Permit and setback Variance for a pylon sign requested by Realty Designs, Inc. for
property located at 3902 - 3938 Cedar Grove Parkway.
FACTS:
➢ At the applicant's request, the City Council continued action on this item at its
regular meetings of March 16 and April 7, 2004.
➢ Staff met with the applicant's attorney on March 18, 2004 to discuss the City
Council's position and possible solutions. The applicant and staff have been
negotiating a settlement for the City Council to consider.
➢ At its regular meeting of March 1, 2004, the City Council directed staff to prepare
Findings of Fact, Conclusions & Resolution of Denial regarding the Conditional
Use Permit and setback Variance requested by Realty Designs, Inc. to be
considered at the March 16, 2004 regular Council meeting.
➢ The matter was before the City Council on December 1 and 18, 2003, January 6,
2004, March 1, and March 16, 2004.
➢ The CUP and Variance request was heard by the Advisory Planning Commission
on November 25, 2003.
ATTACHMENTS: (1)
Findings of Fact, Conclusions & Resolution of Denial, page through 33.
a~
BEFORE THE CITY COUNCIL
CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA
In Re: Application of Realty Designs, Inc. FINDINGS OF FACT,
for a Conditional Use Permit and Variance to CONCLUSIONS AND
Erect a Pylon Sign at the Cedarvale Business RESOLUTION
Center
This matter came before the Eagan City Council at its meetings of December 1 and 18,
2003, January b, 2004 and March 1, 2004. The Council received and considered the November
14, 2003, Planning Report; input from City staff, minutes of the public hearing held by the
Advisory Planning Commission on November 25, 2003; together with all existing files, records
and prior proceedings and material as presented to the Council. Representatives of the landowner
appeared at the public hearing held by the Advisory Planning Commission or at the meetings of
the City Council.
Based upon all the files, records and input which were presented at the meeting, the City
Council makes the following Findings of Fact, Conclusions and Resolution.
FINDINGS OF FACT
1. The application by Realty Designs, Inc. (the "Applicant") for a Conditional Use
Permit to erect a pylon sign at 3902 - 3938 Cedar Grove Parkway (the "Property") and a
Variance of ten feet to the minimum required ten-foot setback for a pylon sign (the "Project") is
properly brought before the Eagan City Council.
2. The property is legally described as being a part of Lot 1, Block 1, Stryker
Addition, and over, across and upon Lot 1, abutting Cedar Grove Parkway, is a ten foot drainage
and utility easement dedicated to the public on the plat of Stryker Addition (the "Easement").
3. The Property is owned by Cedarvale Business Center and is designated SA,
Special Area within the City's Comprehensive Guide Plan Land Use and is zoned CSC,
Community Shopping Center.
4. The Property is developed with a mixed use, there are commercial uses on the
ground level and apartments above. There exists a parking lot in front of the building along
Cedar Grove Parkway, that is owned by Cedarvale Business Center, while an additional parking
area to the rear of the building is owned by Cedarvale Highlands Apartments.
5. There currently exists a monument sign in front of the building, that is located in
the public right of way for Cedar Grove Parkway. The monument sign is approximately in the
middle of the lot between the east and west property lines for the Property.
6. A portion of the parking lot located along Cedar Grove Parkway extends into the
dedicated Easements.
7. The Applicant's project includes the removal of the existing monument sign and
the placement of a pylon sign near the same location.
8. Applicant's proposed sign would be located within the Easement.
9. The Applicant intends to provide a sign panel for each of the tenants located
within the business center.
10. Section 11.70, subd. 28(3)(a) defines a business sign as any sign upon which there
is any name or designation that has as its purpose business identification.
11. Section 11.0, subd. 28(c)(3) provides: "no business sign shall be located nearer
than ten feet from any property or dividing line.
12. Applicant's proposed sign does not satisfy the minimum ten foot setback and
therefore, a variance has been requested.
30
13. Section 11.40, subd. 8 prohibits the location of any structure in or on any public
lands or right of way without approval by the City Council.
14. Section 11.30 of the City Code defines a public right of way as: "the entire area
dedicated to public use or contained in an easement or other conveyance or grant to the state,
county or city..."
15. Section 11.50 of the City Code provides the evaluation criteria for the issuance of
a conditional use permit, and includes that such permit shall issue only if the council finds that
the use at the location will be harmonious with the objectives of the comprehensive plan and
code provisions.
16. Section 11.50, subd. 3, of the City Code sets forth the requirements for the
Council to consider in the review of an application for a variance.
17. The Advisory Planning Commission recommended approval of the conditional
use permit and variance, subject to conditions as found in the Minutes of November 25, 2003.
18. The Advisory Planning Commission's recommendation stated that the drainage
and utility easement must be vacated prior to the issuance of the conditional use permit and if
such vacation is denied, the sign shall be located outside of the drainage and utility easement
area.
CONCLUSIONS
1. The matter is properly brought before the Eagan City Council.
2. Under Section 11.50, subd. 3, the Council shall consider the following factors in
its review of an application for a variance:
a. Exceptional or extraordinary circumstances apply to the Property which
do not apply generally to other properties in the same vicinity and result from lot
size or shape, topography or other circumstances of which the owners of the
Property have no control.
31
b. The literal interpretations of the provisions of this Code would deprive the
Applicant proper use, commonly enjoyed by other properties in the same district.
C. Special conditions or circumstances do not result from actions of the
Applicant.
d. The granting of the variance will not confer on the Applicant any special
privilege that is denied by this ordinance to owners of other lands, structures or
buildings in the same district.
e. The variance requested is the minimum variance which would alleviate the
hardship.
3. The Applicant's narrative submitted in connection with the variance application
states that they are asking to place the sign at the curb line because: "this location is the best for
visibility and requires the least amount of modification of the trees on the property, and we
already have power to this location to the existing sign."
4. Section 11.50, subd. 3 of the City Code states that the purpose for variances is to
relax a strict application of the Code where practical difficulties or particular hardships result in
carrying out the letter of the regulations.
5. The Applicant has failed to establish a hardship that would result from the
placement of the sign in accordance with City ordinances.
6. Locating the sign on the Applicant's Property in conformance with City
ordinances would not result in the removal of any significant vegetation, nor impact existing
trees on the Property.
7. Enforcement of the City's regulations would not deprive the applicant of the
enjoyment of any right held by other properties in the same district; however, the granting of a
variance would confer the Applicant with a special privilege of having a structure in a City
easement, a privilege not enjoyed by other owners of property in the same district.
8. The Property retains a viable use in its existing condition with a sign that meets
City standards.
30.
i
RESOLUTION
The City Council of the City of Eagan does hereby resolve that the Applicant's requests
for a Conditional Use Permit and Variance is hereby denied.
Dated at Eagan, Minnesota this day of , 2004.
CITY OF EAGAN
By: Pat Geagan
Its: Mayor
By: Maria Petersen
Its: City Clerk
33
Agenda Memo
April 20, 2004
J. CONTRACT 03-12, TH 13 & SILVER BELL ROAD
INTERSECTION IMPROVEMENTS
ACTION TO BE CONSIDERED: Receive the bids for Contract 03-12 (TH 13 & Silver
Bell Road - Intersection Improvements) and award the contract to Eureka Construction,
for the Base Bid in the amount of $612,768.89, and authorize the Mayor and City Clerk
to execute all related documents.
FACTS:
• Contract 03-12 provides for the reconfiguration of the intersection of Silver Bell Road
and TH 13, including traffic and access management improvements providing benefit
to the operation of TH 13 as requested by MnDOT.
• On February 6, 2001, the City Council approved Project 800R, the reconfiguration of
Silver Bell Road, from Trunk Highway (TH) 13 to Cedar Grove Parkway, and
authorized the preparation of final plans and specifications. Due to the lack of
approved state funding for the addition of dual left-turn lanes on north and
southbound TH 13 at Silver Bell Road, this portion of the originally proposed
improvements was not included in the final plans.
• On August 4, 2003, the Council approved the plans and authorized the advertisement
for solicitation of competitive bids for Contract 03-12.
• On September 2, formal bids were rejected for this contract since the low bid received
was about 25% more than the Engineer's Estimate. Fall bidding often encounters
higher prices due to the lack of available contractors. The City Council authorized
rebidding the plans and specifications in the spring of 2004.
• On February 17, 2004, formal bids were rejected for this contract since the low bid
was below the Engineer's Estimate and contained errors and irregularities. The City
Council again authorized rebidding the plans and specifications.
• At 10:00 a.m. on April 15, formal bids were received for this project. A copy of the
bid summary is enclosed.
• All bids have been reviewed for compliance with the bid specifications and accuracy
on unit price extensions and summations. The low bid from Eureka Construction has
been reviewed by the Engineering Division and found to be in order for favorable
Council action.
ATTACHMENT:
• Bid Summary, page,
3~1
i
04/16/2004 10:18 FAX 7634752429 SRF CONSULTING GROUP Q002
I
I
I
TH 13 and Silver Bell Road Intersection Improvements
City of Eagan Project No. 880
City Contract No.; 03-12
Bid Date: April 15, 2004
Bid Time: 10:00 AM
Contractor Total Base Bid
1. Eureka Construction, Inc. $612,768.89
2. Hardrives, Inc. $614,417.51
3. Park Construction Co. $615,793.14
4. Midwest Asphalt, Inc. $667,695.45
5. Northwest Asphalt, inc. (a) $673,454.26
6. McNamara Contracting, Inc. $698,392.20
i
7. Bituminous Roadways, Inc. $765,990.35
Preliminary Engineer's Estimate (Municipal Agreement Application) $652,585.14
% Over Under Preliminary Engineer's Estimate
Engineer's Estimate $609,754.50
% Over Under Engineer's Estimate +0.5%
Notes: (a) Contractor's bid proposal contained errors.
~
35
Agenda Memo
April 20, 2004
K. PROJECT 901, BLUE CROSS/ BLUE SHIELD
WELL FIELD DEVELOPMENT
ACTION TO BE CONSIDERED: Receive the Feasibility Report for Project 901 (Blue
Cross/ Blue Shield Well Field Development)
FACTS:
• On November 6, 2003 the City Council directed Barr Engineering to prepare a
feasibility report considering the phasing of the North Well Field development within
the Blue Cross Blue Shield (BCBSM) property and a proposed alignment for the
related raw water transmission main through the pending Terra Glen development by
Lundgren Bros.
• Two wells within the North Well Field are currently programmed for 2007 in the
City's current 5-year CIP (2004-2008). This report identifies the location of these
wells and the costs associated with the completion of this portion of the north well
field.
• This Feasibility Report has been completed and is being presented to the Council for
general information. Future well development projects will be initiated under their
respective project and/or contract numbers as needed.
ATTACHMENTS:
• Feasibility Report, attached without page numbers.
i
Agenda Information Memo
April 20, 2004 Eagan City Council Meeting
CONSENT AGENDA L
APPROVE AGREEMENT BETWEEN EAGAN TEEN ADVISORY BOARD AND
THE EAGAN FONDATION, INC.
ACTION TO BE CONSIDERED: To approve an agreement between the City of
Eagan on behalf of the Eagan Teen Advisory Board and the Eagan Foundation, Inc.
to allow the Eagan Foundation to serve as fiscal sponsor for the Eagan Teen
Advisory Board and direct the Mayor and City Clerk to sign the agreement
document.
FACTS:
• The Eagan Teen Advisory Board (E-TAB) has been attempting to acquire
donations and raise funds to help support and subsidize teen activities at the
Eagan Community Center.
• Because most businesses and foundations contribute to 501 (c)(3) organizations
exclusively, E-TAB was challenged to find a way to work through this issue.
• E-TAB members set out to find a partner and prepared a presentation to the Eagan
Healthy Community Imitative (EHCI) to solicit their help. EHCI then referred E-
TAB to the Eagan Foundation.
• After meeting with the Board, the Eagan Foundation, which is a Minnesota
nonprofit 501 (c) (3) corporation agreed to act as the fiscal sponsor for the Eagan
Teen Advisory Board (E-TAB)
• The Foundation will act as the fiduciary agent for E-TAB to acquire donations
and funds through requests, grant writing and service projects.
• E-TAB will set annual priorities and goals for their fundraising efforts and will
work with the Eagan Foundation to meet all the requirements for their fundraising
efforts.
ATTACHMENTS: ? T D
Copy of agreement, pg
3~
;Y
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C
/ / / /
BRINGING NEIGHBORS TOGETHER
FISCAL SPONSORSHIP AGREEMENT
This Fiscal Sponsorship Agreement is made and entered into effective as of the 2& day
of April, 2004 by -and between The City of Eagan on behalf of The Eagan Teen Advisory
Board, an unincorporated organization formed for the purpose of promoting the welfare
of teens in the City of Eagan, and The Eagan Foundation Incorporated, P. O. Box
211192, Eagan, MN 55121, a Minnesota nonprofit corporation exempt from federal
income tax pursuant to Internal Revenue Code Section 501(c)(3) ("Section 501(c)(3)") to
set forth the terms and conditions upon which The Eagan Foundation ("Foundation")
agrees to serve as fiscal sponsor for The Eagan Teen Advisory Board ("Eagan TAB").
Eagan TAB and Foundation agree that the following terms and conditions shall govern.
1. Eagan TAB will perform its activities pursuant to such mission and objective
statements which have been submitted in writing to and approved by Foundation from
time to time until at such time this Agreement is terminated.
2. Foundation will administer a separate checking account for Eagan TAB. All invoices
for payment from this account must be approved in writing by the Youth
Development Coordinator for the City of Eagan. All checks will be written by the
Foundation Executive Director and signed by a Foundation officer.
3. While serving as the fiscal sponsor for Eagan TAB, Foundation will:
a. Receive grants, contributions, gifts and other revenue to be used by Eagan TAB,
and make those funds available to Eagan TAB;
b. Report all monies received for Eagan TAB's activities as contributions to
Foundation as required by law, on Foundation's annual IRS Form 990 and
otherwise;
c. Acknowledge receipt of any grants, contributions, and gifts in writing as required
by law;
d. Furnish evidence of its status as an exempt organization under Section 501(c)(3)
to any donor upon request;
The Eagan Foundation Incorporated P. Box 211192 • Eagan, MN 55121
I 3
e. Exercise expenditure responsibility in disbursing any funds received by
Foundation for Eagan TAB's activities to ensure that such funds are expended
solely for tax-exempt purposes pursuant to Section 501(c)(3);
f. Maintain books and financial records for Eagan TAB's activities in accordance
with generally acceptable accounting principles;
a. Provide Eagan TAB with quarterly reports detailing all funds received and
expended;
g. Maintain all documentation of financial transactions for a five-year period, and
provide access of same to Eagan TAB;
h. Report all disbursements of funds for Eagan TAB's activities on Foundation's
annual IRS Form 990;
i. Not solicit Eagan TAB's individual donors on Foundation's behalf unless a prior
relationship exists between the donor and Foundation or one of its board directors,
without the prior approval of Eagan TAB.
4. For all activities undertaken through the fiscal sponsorship of Eagan TAB, Eagan
TAB will:
a. Designate a steering committee or its equivalent, and a designated authorized
person to be responsible for its relationship with Foundation;
b. Ensure that its activities comport with exempt purposes under Section 501(c)(3)
and will not jeopardize the exempt status of Foundation;
c. Obtain Foundation written approval for any changes in its charitable mission and
objectives;
d. Provide Foundation with an annual narrative report on its program activities;
e. Obtain Foundation approval as to all grants submitted and solicitations pending;
and
f. Accede to Foundation 10 % of all receipts or contributions, not to include monies
raised through labor or work, to cover administrative costs incurred by
Foundation in performing its obligations under this Agreement.
5. Termination. Either party may terminate this Agreement by giving at least sixty (60)
days prior written notice to the other party.
a. If the activities of Eagan TAB do not continue to exist after termination of this
Agreement, Foundation will retain all funds and will allocate them in a manner
consistent with applicable charitable organization and other law, and any grant
.source agreement.
b. If the activities of the Eagan TAB will continue to exist after termination of this
Agreement, another organization recognized as exempt under Section 501(c)(3)
and not a private foundation under Section 509(a) (which may include a newly
formed exempt organization) will become responsible for the activities of Eagan
TAB, upon written approval of both parties and after execution of all necessary
documentation as may be required by applicable charitable organization and
other law, and any grant source agreement.
37
For The Eagan Foundation, Incorporated:
Sign Name: Print Name and Title
Barbara Blumer. Vice Chair
Date:
For the Eagan Teen Advisory Board
Sign Name: Print Name and Title:
Mayor Pat GeaganDate:
Maria Peterson, City Clerk
Date:
Agenda Information Memo
April 20, 2004 Eagan City Council Meeting
M. A FINAL SUBDVISION AND FINAL PLANNED DEVELOPMENT TERRA
GLENN ADDITION (PHASE I) - LUNDGREN BROS.
ACTIONS TO BE CONSIDERED:
To approve a Final Subdivision to create 35 single family lots (Terra Glenn Addition) and
outlots on property east of Blue Cross Blue Shield, South of Yankee Doodle Road west of the
City of Eagan Maintenance Facility in the NW %4 of Section 16.
To approve a Final Planned Development Agreement for the single family portion of the Terra
Glenn Addition on property east of Blue Cross Blue Shield. South of Yankee Doodle Road west
of the City of Eagan Maintenance Facility in the NW 1/4 of Section 16.
REQUIRED VOTE FOR APPROVAL
• Majority
FACTS:
• On December 16, 2003 the City Council approved a Preliminary Subdivision (Terra
Glenn) to create 54 single family lots and 24 townhome units.
• The Preliminary Planned Development was approved with Blue Cross Blue Shields
Master Plan, and is being developed accordingly.
• This development is being platted in phases, this is phase one which only includes 35
single family lots. The outots will be platted at a later date.
The Final Planned Development Agreement pertains to all 54 single family lots.
• All documents and Agreements are anticipated to be signed and in order for execution
at the regular meeting of the City Council.
ATTACHMENTS (1):
Final Subdivision on page
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- - - - - -
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Agenda Memo
April 20, 2004 Eagan City Council Meeting
Consent Agenda N.
APPROVE AMENDED RESOLUTION TO DNR REMEDIATION GRANT
APPLICATION AND AUTHORIZE SIGNATURE
ACTION TO BE CONSIDERED: Approve amended DNR Remediation Grant
Application and Authorize Signature for Submission
FACTS:
• During a site visit to the Caponi property, a representative from the DNR
Remediation Grant Program pointed out some additional language that needed to be
included in the Local Government Resolution.
• The DNR will accept the revised resolution in place of the original one submitted
with the remediation grant application.
• The omitted language states that if, upon award, the land is used for anything other
than what was specified in the grant, the City would be required to reimburse the
State.
• This does not significantly change the content of the original resolution signed by
Council on 3-31-04, especially since there has been no discussion of changing the use
at Caponi Art Park, should the City acquire the project parcels.
ATTACHMENTS:
• None
v
Agenda Memo
April 20, 2004 City Council Meeting
CONSENT AGENDA:
0. ADOPT the 2004-2005 Eagan Airport Relations Commission
Communications Plan
ACTION TO BE CONSIDERED:
To adopt the 2004-2005 Eagan Airport Relations Commission Communications Plan
FACTS:
• At the November 12, 2003 joint meeting of the City Council and the Airport
Relations Commission (ARC), the Council requested that the ARC formulate a
two-year communications plan to address, in particular, the opening of the new
North/South Runway in 2005.
• The Council asked that the communications plan be prepared and presented to the
City Council by May of 2004.
• The Commission discussed and prepared the communication plan during January-
March of 2004.
• Communications Director reviewed the Communications Plan, and offered his
input and recommendations.
• The Communications Plan was included in the April 9, 2004 Additional
Information memo for the City Council's review. It was noted in the memo that
the plan would be included as a consent agenda item at an upcoming Council
meeting.
• Having received no Council feedback on the communications plan as of Friday,
April 16, the communications plan is included on the consent agenda for formal
consideration.
ATTACHMENTS:
I
• Enclosed on pages througb4ois the 2004-2005 Eagan Airport Relations
Commission Communications Plan.
i
E8180 All ori b1olloos ~
Commission Communications Plan
i dtv of aagan
L s
2004-2005 Eagan Airport Relations Commission Communications Plan
The 2004-2005 Eagan Airport Relations Commission Communications plan includes the following
subject areas:
Table of Contents
1. Charge of the Eagan Airport Relations Commission (ARC)-Page 2
II. Purpose/Origin of the ARC's 2004-2005 Communications Plan-Page 2
III. ARC Communications Subcommittees-Pages 2-4
• ARC Notebook
• Cable Television
• Experience Eagan Newsletter
IV. City Web Site-Pages 4
V. Other Communication Initiatives-Page 4-5
VI. Noise Oversight Committee-Page 5
VII. Appendices-Pages 6-14
• Appendix A-ARC Notebook (1968-2000) Table of Contents
• Appendix B-ARC Notebook (2001-2005) Table of Contents
1
i
2004-2005 Eagan Airport Relations Commission 2-year Communication Plan
1. Charge of the Eagan Airport Relations Commission (ARC)
The City of Eagan has an active Airport Relations Commission (ARC) that serves as an advisory body
to the Eagan City Council. The purpose of the 10-member Commission is to advise and make
recommendations to the City Council on the issues of aircraft noise and airport policies that impact or
have the potential to impact the community. As citizen volunteers, Commission members provide
valuable insight into public perceptions of airport issues, which is communicated to the City Council,
City staff, and the community at large. The ARC meets on the second Tuesday of each month at 7 p.m.
in the City Council Chambers at the Eagan Municipal Center. All ARC meetings are taped and
replayed on cable channel 16 at 9 a.m. on Tuesday mornings.
II. Purpose/Origin of the ARC's 2004-2005 Communications Plan
Recognizing the impact of the North-South Runway (Runway 17-35), which is slated to open in fall of
2005, the Eagan City Council recommended to the ARC at their November 12, 2003 joint meeting
with the ARC that a two-year communications plan be formulated. The purpose of the communications
plan is to communicate with Eagan residents, businesses, and stakeholders, as well as the metro area's
airport community, about the impact of the new runway and any other airport issues that will or may
affect our community.
The following are strategic messages that are to be communicated in 2004-2005:
1. Runway 17-35, commonly referred to as the North-South Runway, will be opening in fall of
2005.
2. There will be five flight tracks off of Runway 17-35 that will have a significant noise impact on
the City of Eagan.
3. The City of Eagan recognizes and appreciates the positive impact that the MSP Airport has on
the Eagan community and its economy, while at the same time recognizes the negative impact
that aircraft noise can have on Eagan residents and businesses.
4. The Eagan Airport Relations Commission exists as an advisory body to advise and make
recommendations to the City Council on the issues of aircraft noise and airport policies that
impact or have the potential to impact the community. The Airport Relations Commission is
also charged with listening to the testimony of Eagan residents and business owners with regard
to airport issues.
III. ARC Communications Subcommittees
In efforts to strengthen communication with the Eagan citizenry, the ARC established three
communications subcommittees in April of 2003 to focus on the following areas-1.) Experience
Eagan Newsletter articles; 2.) ARC "Notebook", which is a compilation of information pertaining to
the ARC, airport history in Eagan, and policy decisions made by the City in regards to the airport; and
3.) Public Access Cable Television. Each subcommittee provides monthly updates at the ARC
meetings on their subcommittee's projects and proposals.
2
2004-2005 Eagan Airport Relations Commission 2-year Communication Plan
ARC Notebook
The ARC Notebook is a compilation of historic documents, communications, and positions taken by
the City in regards to airport issues over the past 35 years. Enclosed as Appendix A and Appendix B
are the table of contents for the two components of the ARC Notebook: 1.) 1968-2000, and 2.) 2001-
2005.
Community Cable Television
The communications via community television regarding airport issues has dramatically increased with
the implementation of Your Town News. For example, over the past year, there have been numerous
Your Town News stories on topics including the FAA Reauthorization Legislation, the future impact of
Runway 17/35, compliance of the FAAIMAC within the Eagan/Mendota Heights, etc. A focused cable
story was also completed on the joint meeting held with the ARC, MAC, and FAA regarding Corridor
compliance.
In order to continue communicating airport related items via public/government access television, the
following initiatives are currently underway or proposed in 2004-2005:
• Access to Democracy-Lance Staricha, 2003-2004 ARC Chair was interviewed in February of
2004, in which he discusses the impact that Runway 17-35 will have on the Eagan community.
• Per the Council's request, more frequent airing of ARC meetings is proposed.
• Increased character generation to allow for banner messages regarding the opening of the new
runway and other airport related topics.
• Continued Your Town News stories, particularly focusing on the opening of the new runway
(e.g. Continuous "Countdown to the Runway" segments)
• Inside Eagan-Mayor Pat Geagan could use Inside Eagan as a forum for to discuss the impact
of the new runway and the overall impact of the airport on the community. Chad Leqve, MAC
Manger of the Aviation Noise and Satellite Program, and Cindy Green, FAA Tower Manager,
are two potential guests to be interviewed.
Experience Eagan Newsletter
The ARC has been very active in 2003 in submitting recommendations for newsletter articles
regarding airport issues. With the opening of the new runway in Fall of 2005, newsletter articles will
continue to be a critical element of the ARC Communications Plan. Experience Eagan article topics
that have appeared in 2003 include: 1.) the plan to open to Runway 17/35 and the resulting impact on
the community; 2.) the proposed flight tracks off of Runway 17/35; 3.) Where an Eagan resident can
go to experience comparable noise they will experience when the new runway opens; and 4.) How
airport noise is measured. Also, each article has included who residents should call with further
questions (i.e. Dianne Lord, Assistant to the City Administrator, or MAC Noise staff).
The following topics are proposed to be included in 2004-2005 Experience Eagan newsletters:
3
i
2004-2005 Eagan Airport Relations Commission 2-year Communication Plan
• How the new runway will impact specific neighborhoods (e.g. show a map and matrix of a
select group of neighborhoods-what DNL contour do they fall in, how may flights per day can
be expected, and location to observe comparable noise)
• 2007 Noise Contours-as part of the MAC's Part 150 submittal to the FAA, which is currently
being updated, draft noise contours were released in February 2004. A newsletter article was
included in the April/may edition to make residents aware of the proposed contours and the
effect the contours could have on their homes.
• Countdown to the Opening of the Runway-regular text box showing the length of time before
the new runway opens, and who people should contact with questions.
• Invitation for Eagan residents to join the MSP Noise News mailing list-MAC has granted
permission for the City to provide contact information via the newsletter to get on MAC's MSP
Noise News mailing list
• The tools available on MAC's web site-walk through how to use the technology available
• Publish MAC's Noise Hotline telephone number and MAC rules for night flights
• Communicate the value of the City's location to the MSP Airport-e.g. Contributes more than
$6.4 billion in the economy, supports more than 100,000 jobs in region, and as home to
Northwest and Mesaba Airlines, these companies provide over 1,700 jobs in Eagan alone.
IV. City Web Site
The following Web capabilities are currently available on the City's Web Site:
• Link to MAC's website
• The ability to electronically file a noise complaint and the MAC Noise Hotline telephone
number
• Flight track map for Runway 17-35
• Map of the draft 2007 Mitigated Noise Contours (and link to tool to determine where an
address is located in proximity to the 60-65 contours
• Information regarding the ARC, how to apply for the ARC, and ARC meeting times
• ARC minutes, agendas, and updates on airport issues currently being addressed by the ARC.
The following are proposed future links and capabilities to be included on the City Web Site:
• Distribution lists for those interested in receiving ARC minutes and airport issue updates
• Link to the Joint Airport Zoning Board amended zoning ordinance
• Link to the City's Aviation Section of the Comprehensive Guide Plan
V. Other Communication Initiatives
• Invite representatives from Northwest and Mesaba Airlines to dialogue with the ARC as to how
communication between the two businesses and the City of Eagan can be strengthened.
• Provide information to new residents Eagan regarding airport issues
• Continue to educate realtors regarding airport issues and the impact of Runway 17/35 via the
Realtor's Forum
4
1
2004-2005 Eagan Airport Relations Commission 2-year Communication Plan
• Serve as a resource to the NDC Chambers of Commerce to address airport related questions of
Eagan businesses.
• Communicate achievements and efforts of the City and the ARC through Eagan's weekly
newspapers (e.g. Eagan Thisweek and Sun Current)
VI. Noise Oversight Committee
As a community impacted by noise from the MSP Airport, the City of Eagan is one of six communities
that has permanent representation on the MSP Noise Oversight Committee (NOC). The Eagan Airport
Relations Commission monitors the discussion and action being taken by the NOC.
The mission of the NOC is to provide a balanced forum for the discussion and evaluation of noise
impacts around Minneapolis-St. Paul International Airport through the following functions:
• Identify, study and analyze airport noise issues and solutions
• Provide policy recommendations or options to the MAC Planning and Environment Committee
and full Commission regarding airport noise issues
• Monitor compliance with established noise policy at MSP
• Ensure the collection of information and dissemination to the public.
NOC meetings are held at least one time per month, primarily on the third Thursday of the month. All
meetings take place at the MAC General Offices and begin at 1:30 p.m. The 2004 NOC meeting
schedule is as follows:
• January 15, 2004 . June 17, 2004
• February 19, 2004 • July 15, 2004
• March 11, 2004 • August 19, 2004
• March 24, 2004 • September 16, 2004
• April 15, 2004 • October 21, 2004
• May 20, 2004 . November 18, 2004
5
SD
i
Eagan Airport Relations Commission ("ARC")
Information and Communication Notebook
1968 -2000
Table of Contents
(02/05/04)
denotes a discrete document)
Section 1 Mission Statements for ARC
(None)
Section 2 Organization and Personnel Directories
(None)
Section 3 ARC Goals
• Airport Issues Matrix (1999)
Section 4 Historical Synopsis
• Historical Synopsis from Chair/Com. Schlax
Eagan/Mendota Heights Corridor (1968-1993)
City of Eagan (1854-2000)
ARC Events (198_ - 1996)
Reading/Research Articles (1994-1995)
ARC Meeting Topics (1994-1996)
Noise Abatement Departure Profiles (1970-1996)
• Eagan Position Paper (12 appendices)
Eagan-Mendota Heights Corridor, Development + Refinement (1970-1987)
Section 5 City Positions & Related
• Comments on "Part 150" Update for MSP (Nov., 2000)
River Visual Approach
Airspace Redesign Study for MSP
Advocate Runway 12R for "Crossing in the Corridor"
Low Demand Flight Tracks
Inequitable Redistribution
New Measurement Criteria
Phased-In Use of 17/35
ANOMS Towers
Technical Correction to Document
• Letter to Bloomington on Low Demand Flight Tracks (Aug., 2000)
6
Section 5 City Positions & Related (continued)
• Letter to MAC on Low Demand Flight Tracks (Aug., 2000)
• Summary Document (June, 2000)
Runway 17/35 Flight Tracks
Runway 17/35 Low Demand Flight Tracks .
Runway Use System ("RUS")
Phased Use of Runway 17/35
Airport Legislation
Part 150 Land Use and Noise Abatement Recommendations
"Close-in" Versus "Distant" Departure Procedures
• Comments on Hoffman Homes Development in Mendota Heights (Oct., 1999)
• Legal Issues of Corridor Enforcement (Undated)
• Letter to MAC on Ground Noise (Oct., 1998)
• Corridor Enforcement History (May, 1996)
• Possible Topics for Multi-City Collaboration (Undated)
• "Dual Track" Airport Planning Position (Dec., 1995)
• ARC "Dual Track" Airport Planning Study & Recommendations (Nov., 1995)
• Dakota County Opposes Relocation and/or Landbanking (Sept., 1995)
• Dakota County Considers "Dual Track" Position (Sept., 1995)
• ARC Operations Subcom.: Issues for Legislative Consideration (c. 1995)
• Jet Fuel Fallout over City (July, 1995)
• Property Tax Treatment of Noise Insulation Home Improvements (Mar., 1994)
• Met Council Land Use Planning Standards (Jan., 1994)
• "Dual Track" Environment Document Comments (Dakota County) (Nov., 1993)
• SMACC Newsletter (Undated)
Section 6 ARC Communication Plans and Documents
(None)
Section 7 Technical Reports
• Q-Jet Noise Suppression Equipment by Westinghouse (May, 1994)
Section 8 MAC Documents
• Low Frequency Noise Policy Committee Report (undated) (2000)
• Resolution Supporting Eagan/Mendota Heights Corridor (Feb., 2000)
• Letter from Burnsville Against Consolidation of 17/35 Flight Tracks (Jan., 2000)
• Review of Met. Council Landuse Noise Compatibility Guidelines (Dec., 1999)
• Contract with Minneapolis on Construction of 3rd Parallel Runway (Nov., 1998)
• MAC Biennial Report (1995-1996)
• Contract with Mendota Heights on Construction of 3rd Parallel Runway (Dec., 1996)
• Summary of Noise Mitigation Recommendations (Part 150) (Oct., 1996)
• Airport Factsheet 101 - MSP Int'l Airport (Aug., 1996)
7
sa
Section 8 MAC Documents (continued)
• Social Survey of Community Preferences for Aircraft Noise Mitigation (Aug., 1996)
• Airport Factsheet 106 - Metropolitan Aircraft Sound Abatement Council (Jan., 1996)
• Response to Eagan Citizens Airport Noise Committee (Aug., 1995)
• MAC Overview: MSP Departure Corridor (Dec., 1994)
• RUS Considerations & Crosswind Runway Usage (June, 1994)
(Above three documents reference 1994-1994 Corridor Refinements)
• State Report - MAC Aviation Noise Program (1993)
• Airport Factsheet 102 - Holman Field (May, 1992)
• Airport Factsheet 105 - New Generation Aircraft (Jan., 1991)
• Airport Factsheet 103 - Noise Abatement Policies at MSP Int'l Airport (Undated)
• FAR Part 150 Noise Compatibility Plan (Draft) (March, 1986)
Section 9 MSP Joint Zoning Board
(None)
Section 10 Metropolitan Council Documents (and related)
• City of Bloomington Comprehensive Plan (c. 2000)
• Minneapolis Resolution on Priorities for Sound Insulation Expenditures (Apr., 2000)
(Above document is on back of last page of prior item.)
• Principles & Concepts of MSP Communities Collaborative Efforts (c. 1996)
• City of Mendota Heights: MSP Airport Noise Mitigation Needs (c. 1995)
• Airport Area Community Protection Package (Draft) (July, 1995)
Section 11 State Documents
• Governor's Airport Community Stabilization Funding Task Force (Draft) (c. 1999)
Section 12 Federal Documents
• FICAN: Research into Effects of Aircraft Noise on Classroom Learning (Sept., 2000)
(Source: Federal Interagency Committee on Aviation Noise)
• FAA Proposed Aviation Noise Abatement Policy 2000 (July, 2000)
• RE: 1990 Airport Noise & Capacity Act (c. 1994)
(Excerpt: Fed. & State Coordination: Aviation Noise Policy & Regulation)
(Source: Administrative Law Review)
Section 13 Airports Council International - North America
(None)
8
S3
Section 14 National Organization to Insure a Sound-Controlled Environment (NOISE)
• Use of Passenger Facility Charges for Noise Mitigation Projects at 65 US Airports
(June, 2000)
• Air Transportation Environmental Issues (1999)
• Noisy Skies handouts (Undated)
Section 15 Air Cargo Resources
(None)
Section 16 Other Information & Reports
• Airport Noise Impacts on Housing Values (Aug., 1995)
• Whose rules govern environment around airports (July, 1994
(Source: Minneapolis SW Journal article)
(end)
9
i
Eagan Airport Relations Commission ("ARC")
Information and Communication Notebook
Table of Contents
2001 Apr., 2004
(02/28/04)
denotes a discrete document)
Section 1 Mission Statements for ARC
• Draft Proposal (May, 2003)
• Proposed (2002)
Section 2 Organization and Personnel Directories
• ARC Address and Phone List (April, 2003)
• Directory (Jan. 1, 2003)
ARC & ARC Subcommittees
Neighboring Cities
MAC
FAA
Airport-Related Businesses
Dakota County
Met Council
Regional Airport Citizen Organizations
State Government
Federal Government
MSP ATC
MSP FAA
Section 3 ARC Goals
• Minutes from ARC Special Meeting (Apr., 2003)
• Agenda for Goal-Setting Meeting (March, 2003)
• Communication Planning Matrix (Oct., 2002)
• Summary of Goal-Setting Meeting (Apr., 2002)
• Summary of 2001 Goals (May, 2001)
• Minutes of Special Meeting (Apr., 2001)
Section 4 Historical Synopsis
(None)
Section 5 City Positions & Related
10
• Draft 2007 Noise Contours Released- Experience Eagan Newsletter (Mar., 2004)
• Runway Will Increase Noise in Eagan - Experience Eagan Newsletter (Jan., 2004)
• Citizen Website Regarding Noise Issues (Undated)
• How the Airport Impacts Eagan Experience Eagan Newsletter (July, 2003)
• Letter to MAC on operations data for Part 150 Forecast Update (May, 2003)
• Letter to MAC on completion of 1996 Sound Insulation Program (May, 2003)
• Letter to MAC on Establishment of Noise Oversight Committee(unsigned) (Feb., 2003)
• Letter to MAC on Proposed Zoning Ordinance Amendments (Oct., 2002)
• Resolution Supporting H.F. 2568 (Making MAC a "state agency") (Feb., 2002)
• Retention of Noise Attorney by City Council (no document) (Dec., 2001)
• City Calls for Support of NWA & Impacted Employees (Press Release) (Sept., 2001)
• NWA Impact on Eagan (Sept., 2001)
• RE: 2005 DNL 64-60 Sound Insulation Program (June, 2001)
• Q&A from City Community Services Open House (May, 2001)
• Letter of Support for City's Comments on Part 150 (Sen. Wiener) (May, 2001)
• Press Release (Rep. Wilkins) State House Passes HF1236 (Apr., 2001)
(Summary: Appointees to MAC will require legislative consent)
• Summary of HF1451 (Funding for Airport Impact Mitigation) (March, 2001)
• Formation of Citizens Group (Chair Gladhill) (March, 2001)
• Letter & Resolution on Sound Insulation Options for 2005 DNL 60-64 (March, 2001)
• Eagan City Council 2001-2002 Strategic Plan
(See: #3 Actively pursue measures to mitigate the adverse effects of airport noise
on the City of Eagan. "Citizens may anticipate the hiring of a noise attorney and
the development of an anti-fanning citizens group; the Airport Relations
Commission has been expanded to respond to increased need in the community.")
• City's Land Use Goals & Policies: Aviation & Airports (Feb., 2001)
Section 6 ARC Communication Plans and Documents
• Data on Cable TV viewers and information on Your Town News (May, 2003)
• 2002-2003 Communications Program (June, 2002)
• Communications Plan Outline (May, 2002)
• Current State of Aviation in America & Locally (Cable TV tape, Y2 hour) (Sept., 2001)
(Above item not included in notebook.)
• The Airport and It's Noise, for Eagan Residents (Cable TV draft script) (June, 2001)
• The Airport and You (Cable TV draft script) (June, 2001)
• The Airport and You (Cable TV draft script) (April, 2001)
11
s6
Section 7 Technical Reports
• Quiet Climb System (Boeing Corp.) (Jan., 2003)
• MAC Monthly Summary of Operations (Dec. 2002)
• (Summary of national) Airport Reports (source: NOISE?) (undated)
• What Is Hearing Loss? (Mayo Clinic website) (June, 2002)
• Summary of Noise and Operations by ARC Com. Cook (March, 2002)
Section 8 MAC Documents
• MSP Noise News (Dec., 2003)
*Memo - Part 150 Update: Data Revision (Dec., 2003)
• Memo - Revision to 2004-2005 Capital Improvement Program (Dec., 2003)
(Two documents above are back to back on same page.)
• Approved 2004 Capital Improvement Program (Dec., 2003)
• 2004-2010 Capital Improvement Program Environmental Review (Nov., 2003)
• Noise Oversight Committee 2004 Work Plan (Nov., 2003)
• 14 CFR Part 150 Study Update Public Open House Report (Oct., 2003)
• Noise Oversight Committee Meeting (Minutes) (Sept., 2003)
(with Revised Part 150 Update Schedule)
• MSP Noise News (Sept., 2003)
• 2004 Capital Improvement Program (Aug., 2003)
• Noise Oversight Committee Part 150 Study Update (Aug., 2003)
• Memo - INM Input Data for 2003 Part 150 Update (Aug., 2003)
• Letter to Eagan - Questions Regarding Corridor (July, 2003)
• Part 150 Sound Insulation Construction Specifications, Appendix B (July, 2003)
• MSP Noise News (June, 2003)
• Eagan/Mendota Hgts. Departure Corridor Analysis (Apr., 2003)
• Technical Advisors Report (Apr., 2003)
• MSP Noise News (Apr., 2003)
• EA for Departure Procedures off Runway 17 (Oct., 2002)
(Draft PDF doc. on CD-ROM)
• 2003-2009 Capital Improvement Program Environmental Assessment (Oct., 2002)
• Preliminary 2003-2009 Captial Improvement Program (Aug., 2002)
• MSP Aviation Noise Blue Ribbon Panel Report (June, 2002)
(Regarding a New MSP Noise Oversight Committee Framework)
• Runway 17/35 Noise Information - General (May, 2002)
• Runway 17/35 Future Noise Impact Information (May, 2002)
• Runway 1735 Noise Information -Noise Abatement Measures (May, 2002)
• MSP Noise News (Mar., 2002)
• Report Regarding MASAC (Dr. John Brandl) (Sept., 2001)
• 14 CFR Part 150 Update ("Final Draft" PDF doc. on CD-ROM) (Sept., 2001)
• Letter to City Addressing Questions on Sound Insulation (April, 2001)
12
S~
Section 9 MSP Joint Zoning Board
• Memo - Approval of Ordinance Amendments (1 exception) (Jan., 2004)
• MSP Aircraft Accident Reports (ARC Comr. Schlax) (May, 2003)
• MSP Runway Operational Changes Since 1984 (May, 2002)
Section 10 Metropolitan Council Documents (and related)
• Avaition Policy Plan Update 2000-2020, Report of the Advisory Task Force
Section 11 State Documents
(None)
Section 12 FAA & Federal Documents
• Air Traffic Operations in the Corridor (Sept., 2003)
• United States Code, Title 49, Chap B (Airport Development & Noise) (Sept., 2003)
• History of FAA Involvement in Noise Restrictions (2002)
(Source: BERRY Airport Permitting.ppt)
Section 13 Airports Council International - North America
• ICAO Agrees to Cut Aircraft Noise 10 Decibels (Jan., 2001)
• The Next Stage in Noise Abatement Policy (2001)
Section 14 National Organization to Insure a Sound-Controlled Environment (NOISE)
• Organization and Membership Information (c.2001)
• Passenger Facility Charges for Noise Mitigation at 65 US Airports (June, 2000)
Section 15 Air Cargo Resources
• Public/Private Proposal: International Air Cargo Distribution Center (Jan., 2003)
(Air Cargo Development Steering Committee)
• Air Cargo Guide (Listing of Twin Cities Air Cargo Association members) (2002)
• Summary of MSP Air Cargo Study by Com. Thorkilson (July, 2002)
• Economic Impact of the Greater Metropolitan Foreign Trade Zone (Apr., 2002)
(Anton, Lubov & Associates, Inc)
• MSP Air Cargo Study (SITA Logistic Solutions) (Dec., 2001)
13
Section 16 Other Information & Reports
• Nighttime Noise Restrictions at Airports in US (Feb., 2001)
(Source: CFAN, Seattle, WA)
(end)
(c:/.../ARC/notebook TOC 2001-2005 2 28 04.doc)
14
S~
Agenda Memo
April 20, 2004
CONSENT AGENDA:
P. TOBACCO LICENSE - Al Bakers
ACTION TO BE CONSIDERED:
Approve Tobacco License for Al Baker's Restaurant
FACTS:
• Al Baker's has requested a license to sell tobacco products at their restaurant
• All requirements of the application have been met
• Staff deems the license in order for approval
60
Agenda Memo
April 20, 2004
PUBLIC HEARINGS
A. PROJECT 851, TOWN CENTRE AREA
STREET & ACCESS MANAGEMENT IMPROVEMENTS
FINAL ASSESSMENT HEARING
ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 851
(Town Centre Area - Street & Access Management Improvements) and authorize its
certification to Dakota County for collection.
FACTS:
• Project 851 provided for the bituminous overlay and access management
improvements of the streets in the Town Centre Area. The improvements included the
construction of concrete sidewalk along the westerly/northerly side of Town Centre
Drive, driveway relocations along the easterly/southerly side of Town Centre Drive
and driveway apron construction throughout the Town Centre Area.
• The Final Assessment Roll was presented to the City Council on March 16, 2004, with a
public hearing scheduled for April 20 to formally present the final costs associated with
this public improvement to the affected benefiting properties.
• The final assessments for low and high density residential properties are
approximately 7% below, and the final assessments for commercial/ industrial
properties are approximately 68% below to 86% above (for various portions of the
work under the project) the estimate contained in the feasibility report presented at the
public hearing held on December 2, 2002.
• All notices have been published in the legal papers and sent to all affected property
owners informing them of this public hearing. No written objections have been
received to date.
• An informational meeting was held on April 12 to address all property owners'
questions or concerns and provide any additional information of interest. Of the 57
parcels (commercial/ industrial, institutional, high & low-density residential
properties) being assessed, no one attended the meeting.
ATTACHMENTS:
• Final Assessment Report, pages through
6~
FINAL ASSESSMENT HEARING
PROJECT HEARING DATES
NUMBER - 851 ASSESSMENT - April 20, 2004
NAME - Town Centre Area IMPROVEMENT- December 2, 2002
Mill and Overlay, Driveways, Sidewalk etc.
IMPROVEMENTS INSTALLED AND/OR ASSESSED
F.R=Feasibility Report
FINAL F.R FINAL F.R
RATE RATE UNITS RATE RATE UNITS
SANITARY SEWER STORM SEWER
❑ Trunk ❑ Trunk
❑ Lateral ❑ Lateral
❑ Service ❑ Lat. Benefit/trunk
❑ Lat. Benefit/trunk
WATER STREET
❑ Trunk 0 Surfacing
C/I Properties $.2085 $.2393 /Sa. Ft.
❑ Lateral High Density Resident 37.87 54.45 /F_F.
Institutional 37.87 54.45 /F.F.
❑ Service Low Density Resident 18.36 31.20 /F_F.
❑ Lat. Benefit/trunk 0 Parking Lot .0186 .0567 /Sq. Ft.
❑ WAC 0 Driveway Apron. 109.06 93.76 Sq. Yd.
El Trail/Sidewalk .1486 .1029 /Sq. Ft.
SERVICES STREET LIGHTS
❑ Water & San Sewer ❑ Installation
❑ Energy Charge
CONTRACT NO.OF INTEREST AMOUNT CITY
NO. PARCELS TERM RATE ASSESSED FINANCED
$1,216,424 F.R. $1.089,991 F.R.
03-01 57 15 Years 4.5% $1,083.351.37 $593,013.01
COMMENTS:
V
i
t
MEMO
city of eagan
MEMO TO: Mayor and City Council
FROM: Gerald R. Wobschall
DATE: April 2, 2004
SUBJECT: Final Assessment Roll Project No. 851
Town Centre Area
Street Overlay and Driveway Improvements
The City Council at the conclusion of the public hearing on December 2, 2002 ordered Project 851. According to
the feasibility report, the following improvements were to be constructed and/or assessed. The improvements are:
1. Mill and overlay of existing streets
2. Widening of eastbound approach of Town Centre Drive and Denmark Avenue intersection for new left turn lane
3. Concrete sidewalk along Town Centre Drive from Duckwood Drive to Denmark Avenue
4. Relocation of driveways along Town Centre Drive and Duckwood Drive
5. Install concrete driveway aprons at commercial properties
6. Replace damaged curb and gutter
7. Stripe Town Center Drive from Duckwood Dr to Denmark to a 3-lane roadway
8. Reconfigure internal parking lots (Wal-Mart & Kohl's)
9. Stripe Duckwood Drive from Town Centre Drive to Denmark Avenue to a 3 lane roadway
10. Install concrete median from Town Centre Drive to Pilot Knob Road on Duckwood Drive
11. Install traffic signal at Duckwood Drive and Town Centre Drive
12. Signing and pavement messages
13. Installation of left turn lane on northbound Denmark Avenue to westbound Town Centre Drive
14. Landscape modifications to boulevards along Duckwood Drive.
The costs associated with improvements 1, 2, 7, 9, 10, 12, 13 and 14 were proposed for assessment using an area
method for commercial properties and linear methods for residential properties are proposed as a street assessment.
The concrete driveway installation was presented for assessment using the area of concrete placed to construct the
driveway. At the direction of the appraiser this method was changed for those parcels which share a driveway or
driveways. The shared driveways are proposed to be assessed using weighted parcel areas.. The sidewalk was
proposed for assessment using the area method. The relocations of parking lot accesses and reconfiguration of
internal parking lots were proposed for assessment using an area method of assessment. This assessment roll is
prepared using the methods presented at the public hearing. Construction of the improvements was accomplished
under Contract No. 03-01, which is complete. The assessment hearing is scheduled for April 20, 2004. The
following information was used in the preparation of the assessment roll.
63
2
I. PROJECT COST
The construction cost includes the amount of $1,010,264.26 paid to contractor and vendors for the construction of
the following detailed improvements. Other costs which consist of engineering, design, contract management,
inspections, financing, legal, bonding, administration, and other totaling in the amount of $460,193.65 and
easement costs in the amount of $205,906.47 were incurred resulting in an improvement and project cost of
$1,676,364.38. The detail of these other costs is provided on Schedule I and they are allocated to the improvements
constructed in order to determine the cost of each improvement.
EASEMENT
CONSTRUCTION AND OTHER IMPROVEMENT FEASIBILITY
IMPROVEMENT COST COSTS COST REPORT
Street resurfacing $419,690.00 $397,074.80 $816,764.80 1,212,205
Sidewalk 61,425.00 27,979.09 89,404.09 225,225
Parking Lot Revisions 36,828.00 16,775.15 53,603.15 162,970
Driveways 106,554.30 48,535.48 155,089.78 66,200
Traffic Signal 249,453.49 113,641.11 363,094.60 463,900
Curb and sidewalk repair 115,302.47 52,522.71 167,825.18 156,075
Utility Repairs 21,011.00 9,571.78 30,582.78 19,840
TOTAL $1,010,264.26 $666,100.12 $1,676,364.38 $2,306,415
H. ASSESSMENTS
A. TRUNK ASSESSMENTS
No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this
assessment roll.
B. IMPROVEMENTS
1. Street Overlay and Expansion
Duckwood Drive from Pilot Knob Road to Denmark Avenue, Town Centre Drive from Duckwood Drive to
Denmark Avenue, Denmark Avenue from Crestridge Lane to Town Centre Drive and Krestwood Lane from
Crestridge Lane to Duck-wood Drive were improved with a mill and overlay improvement, and markings for traffic
direction, signage and installation of medians to provide channels for traffic. The construction cost of the
improvements was $419,690.00. Other costs in the amount of $191,16833 were allocated to the construction costs
plus $205,906.47 of easement costs. This results in an improvement cost of $816,764.80. The feasibility report
called for: Commercial and Industrial property to be assessed its pro-rata share of cost using an area method of
assessment, residential and institutional properties are to be assessed their pro-rata share of costs using a linear
method. The assessment rates were computed using the following:
6y
3
i
a. Commercial and Industrial Property
The improvement and assessment rates for the commercial and industrial property classification were
computed using:
TOTALIMPROVEMENT IMPROVEMENT
COST UNITS IMPROVEMENT RATE
$816,764.80 16,176 F.F. $50.49/F.F.
ASSESSABLE
IMPROVEMENT RATE SHARE ASSESSABLE AMOUNT
$50.49/F.F. X 14,362 F.F. $725,137.38
ASSESSABLE
ASSESSABLE AMOUNT UNITS ASSESSMENT RATE
$725,137.38. 3,477,509 Sq. Ft. $.2085/Sq. Ft.
b. INSTITUTIONAL PROPERTY ASSESSMENT RATE
The assessment rate for institutional property was computed using:
TOTAL IMPROVEMENT IMPROVEMENT
COST UNITS IMPROVEMENT RATE
$816,764.80 16,176 F.F. $50.491F.F.
ASSESSABLE
IMPROVEMENT RATE SHARE ASSESSABLE AMOUNT
$50.49/F.F. X 75%. $37.87/F.F.
SIZE
ASSESSABLE AMOUNT ADJUSTMENT ASSESSMENT RATE
$37.87/F.F. 32/44 $27.541F.F.
The size adjustment was made because the institution abuts a 32 foot wide street.
4
c. HIGH-DENSITY RESIDENTIAL PROPERTY
The high-density residential property assessment rate was computed using the following:
TOTAL IMPROVEMENT IMPROVEMENT
COST UNITS IMPROVEMENT RATE
$816,764.80 16,176 F.F. $50.49/F.F.
ASSESSABLE
IMPROVEMENT RATE SHARE ASSESSABLE AMOUNT
$50.49/F.F. X 75%. $37.87/F.F.
d. LOW-DENSITY RESIDENTIAL PROPERTY
The low-density residential property assessment rate was computed using the following:
TOTAL IMPROVEMENT IMPROVEMENT
COST UNITS IMPROVEMENT RATE
$816,764.80 16,176 F.F. $50.49/F.F.
ASSESSABLE
IMPROVEMENT RATE SHARE ASSESSABLE AMOUNT
$50.49/F.F. X 50%. $25.25/F.F.
SIZE
ASSESSABLE AMOUNT ADJUSTMENT ASSESSMENT RATE
$25.25/F.F. 32/44 $18.36/F.F.
2. Sidewalk
The City incurred construction costs of $61,425.00 to install the concrete sidewalk along the west and north side
of Town Centere Drive from Duckwood Drive to Denmark Avenue. Other costs in the amount of $27,979.09
were allocated resulting in an improvement cost of $89,404.09. The feasibility report called for this
improvement to be assessed using an area method of assessment. The assessment rate was computed using the
following:
TOTAL IMPROVEMENT ASSESSABLE
COST UNITS ASSESSMENT RATE
$89,404.09 601,585 Sq. Ft. $.1486/Sq. Ft.
66
5
i
3. Driveway Relocation/Parking Lot Revisions
The contractor relocated two driveways at a cost $36,828.00. Other costs in the amount of $16,775.15 were
allocated resulting in an improvement cost $53,603.15. The driveway on Duckwood Drive was not relocated,
therefore the associated parking lot reconfiguration was not required. The feasibility report called for this
improvement to be assessed using an area method of assessment. The assessment rate was computed using the
following:
TOTAL IMPROVEMENT ASSESSABLE
COST UNITS ASSESSMENT RATE
$53,603.15 2,874,508 Sq. Ft. $.0186/Sq. Ft.
4. Driveways
The contractor installed 1,422 sq. yd. of concrete driveway entrances at a cost $106,554.30. Other costs in the
amount of $48,535.48 were allocated resulting in an improvement cost $155,089.78. The feasibility report
called for this improvement to be assessed based on the square yards of concrete to construct the driveway. The
assessment rate was computed using the following:
TOTAL IMPROVEMENT ASSESSABLE
COST UNITS ASSESSMENT RATE
$155,089.78 1,422 Sq. Yd. $109.06/Sq. Yd.
5. Traffic Signal
The contractor installed a traffic signal at the intersection of Duckwood Drive and the Town Centre Drive at a
cost of $227,512.00 and the City also modified the signal at the intersection Pilot Knob Road and Duckwood
Drive at a cost of $21,941.49 which results in a construction cost of $249,453.49. Other costs in the amount of
$113,641.11 were allocated resulting in an improvement cost of $363,094.60. The feasibility report called for
this improvement to be financed by the City's Major Street Fund.
6. Curb and Gutter, and Sidewalk
The cost to replace damaged curb and gutter, and sidewalk amounted to $115,302.47. Other costs in the
amount of $52,522.71 were allocated resulting in a replacement cost of $167,825.18. This improvement will be
financed by the City's Major Street Fund.
7. Utility Repairs
Water Repairs
The contractor replaced 55 valve box tops at a cost of $17,197.00. Other costs in the amount of $7,834.27were
allocated resulting in a repair cost in the amount of $25,031.27. This valve top box replacement will be
financed by the Water Department of the City's Utility Enterprise Fund.
Storm Sewer
The contractor removed and replaced 5 catch basin casting assemblies at a cost $2,814.00. Other costs in the
amount of $1,281.95 resulting in a repair cost of $4,095.95. The storm sewer repair will be financed by a
transfer from the Storm Sewer Division of the City's Utility Enterprise Fund
Sanitary Sewer
The contractor removed and replaced 2 manhole casting assemblies at a cost $1,000.00. Other costs in the
amount of $455.56 resulting in a repair cost of $1,455.56. The sanitary sewer repair will be financed by a
transfer from the Sanitary Sewer Division of the City's Utility Enterprise Fund.
6
t/0 0
C. ASSESSMENT SPREAD
The special assessments are spread to the abutting and adjacent parcels.
D. ASSESSMENT TERMS
The assessments for this project have a term of 15 years with interest charged at an annual interest rate of 4.5%
on the unpaid balance.
III. CITY REVENUES/(RESPONSIBILITIES)
IMPROVEMENT ASSESSMENT CITY'S
IMPROVEMENT COST REVENUE (RESPONSIBILITY)
Street resurfacing $816,764.80 $785,254.59 $(31,510.21)
Sidewalk 89,404.09 89,404.09 -0-
Parking Lot Revisions 53,603.15 53,603.15 -0-
Driveways 155,089.78 155,089.54 (.24)
Traffic Signal 363,094.60 (363,094.60)
Curb and sidewalk repair 167,825.18 (167,825.18)
Utility Repairs 30,582.78 (30,582.78)
TOTAL $1,676,364.38 $1,083,351.37 $(593,013.01)
The following funds will provide financing for the listed improvements.
Major Street Fund $562,430.23
Storm Sewer Division of Utility Enterprise Fund 4,095.95
Sanitary Sewer Division of Utility Enterprise Fund 1,455.56
Water Division of Utility Enterprise Fund 25,031.27
Total $593,013.01
7
6~
Gerald R. Wobschall
Reviewed Review
tzt.--- VVI
Public Works Departs ent Finance apartment
4--is-of- 4
Dated Dated
cc: Thomas A. Colbert, Director of Public Works
Mike Dougherty, City Attorney
Sue Sheridan, Accountant I
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175
Agenda Memo
April 20, 2004
B. PROJECT 882. CRESTRIDGE LANE
STREET OVERLAY IMPROVEMENTS
FINAL ASSESSMENT HEARING
ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 882
(Crestridge Lane - Street Overlay Improvements) and authorize its certification to Dakota
County for collection.
FACTS:
• Project 882 provided for the bituminous overlay of Crestridge Lane, from Pilot Knob
Road to Denmark Avenue.
• The Final Assessment Roll was presented to the City Council on March 16, 2004, with a
public hearing scheduled for April 20 to formally present the final costs associated with
this public improvement to the affected benefiting properties.
• The final assessments are approximately equal to the estimate contained in the
feasibility report presented at the public hearing held on February 4, 2003.
• All notices have been published in the legal papers and sent to all affected property
owners informing them of this public hearing. One written objection has been
received to date.
• An informational meeting was held on April 12 to address all property owners'
questions or concerns and provide any additional information of interest. Of the 45
parcels (commercial/ industrial, institutional, single-family, and townhouse
properties) being assessed, no one attended the meeting.
ATTACHMENTS:
• Final Assessment Re ort , pages through
• Objection, page.
~6
FINAL ASSESSMENT HEARING
PROJECT HEARING DATES
NUMBER - 882 ASSESSMENT - Apri120, 2004
NAME- Crestridge Lane-Pilot Knob to Denmark IMPROVEMENT - February 4, 2003
Mill and Overlay
IMPROVEMENTS INSTALLED AND/OR ASSESSED
F.R.=Feasiblity Report
FINAL F.R FINAL F.R
RATE RATE UNITS RATE RATE UNITS
SANITARY SEWER STORM SEWER
❑ Trunk ❑ Trunk
❑ Lateral ❑ Lateral
❑ Service ❑ Lat. Benefit/trunk
❑ Lat. Benefit/trunk
WATER STREET
❑ Trunk ❑ Gravel Base
❑ Lateral H Surfacing
Single $359.39 $358 /Lot
❑ Service Townhouse 269.54 269 Unit
Institutional 7.05 6.97 /F.F.
❑ Lat. Benefit/trunk C/I 9.40 9.29 /F.F.
❑ WAC ❑ C/I Equiv.
❑ Trail/Sidewalk
SERVICES STREET LIGHTS
❑ Water & San Sewer ❑ Installation
❑ Energy Charge
CONTRACT NO.OF INTEREST AMOUNT CITY
NO. PARCELS TERMS RATE ASSESSED FINANCED
$19,355 F.R. $29,165 F.R.
03-01 45 5 Year 4.50% $17.892.84 $31,000.58
COMMENTS:
MEMO
city of eagan
MEMO TO: Mayor and City Council
FROM: Gerald R. Wobschall
DATE: April 2, 2004
SUBJECT: Final Assessment Roll Project No. 882
Crestridge Lane-Pilot Knob to Denmark
Street Overlay
The City Council at the conclusion of the public hearing on February 4, 2003 ordered Project 882.
According to the feasibility report, the following improvements were to be constructed and/or assessed.
The improvements are mill and overlay of Crestridge Lane and replacement of curb and gutter from Pilot
Knob Road to Denmark Avenue. In the feasibility study, it was proposed to assess the mill and overlay
improvement using a lot unit method for single-family properties, and a linear method for other property
types. This assessment roll is prepared using the methods presented at the public hearing. Construction of
the improvements was accomplished under Contract No. 03-01, which is complete. The assessment
hearing is scheduled for April 20, 2004. The following information was used in the preparation of the
assessment roll.
1. PROJECT COST
The construction cost includes the amount of $39,510.61 paid to the contractor for the construction of the
following detailed improvements. Other costs which consist of engineering, design, contract management,
inspections, financing, legal, bonding, administration, and other totaling in the amount of $9,382.81 were
incurred resulting in an improvement and project cost of $48,893.42. The detail of these other costs is
provided on Schedule I and they are allocated to the improvements constructed in order to determine the
cost of each improvement.
CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY
IMPROVEMENT COST COSTS COST REPORT
Street resurfacing $25,891.00 $6,148.48 $32,039.48 $32,385.
Curb repair 11,639.61 2,764.12 14,403.73 16,135
Utility repair 1,980.00 470.21 2,450.21
TOTAL $39,510.61 $9,382.81 $48,893.42 $48,452
2
i
II. ASSESSMENTS
A. TRUNK ASSESSMENTS
No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in
this assessment roll.
B. STREET IMPROVEMENTS
1. Street Overlay
The cost of the street overlay improvement was computed using the following unit prices and quantities:
UNIT EXTENDED
ITEM UNIT QTY PRICE COST
Contactor superintendence L.S. 1 $1200.00 $1,200.00
Mobilization L.S. 1 1,430.00 1,430.00
Field office Type D L.S. 1 150.00 150.00
Mill bituminous surface Sq. Yd. 2,759 1.10 3,034.90
Bituminous mat. for tack coat Gal. 375 1.50 562.50
Type 41 Wear Course Ton 572.069 31.95 18,277.32
Traffic control L. S. 1 586.00 586.00
Adjust water valve box Each 1 150.00 150.00
Adjust manhole casting Each 2 250.00 500.00
SUBTOTAL $25,891.00
Other costs @23.75% 6,148.48
Mill and Overlay Cost $32,039.48
2. Computation of Lot Equivalents
A. There are 3 parcels proposed for 2 lot equivalents and 2 lots for a total of 8 residential lot
equivalents, one institutional lot and one commercial lot proposed for assessment. The
institutional property is the Clare Bridge Alternative Living Center and the commercial property
is the US Bank Property. The lot equivalents are computed in the following manner:
Residential Lot
Property Class Lots Weighting Factor Equivalents
Single Property 8 100% 8.0
Townhouse 38 75% 26.6
Total 46 36.5
The costs will be allocated between the residential and public facility properties based on the ratio of
affected properties.
Improvement
Property Class Frontage Weighting Factor Cost
Commercial Industrial 175 5.13% $1,644.25
Institutional 444 13.02% 4,171.71
Residential 2,791 81.85% 26,223.52
Total Frontage 3,410 100.0% $32,039.48
3g
B. Commercial Property Assessment Rate
The improvement cost for the low-density residential property classification was computed using:
TOTAL IMPROVEMENT ASSESSABLE
COST UNITS IMPROVEMENT RATE
$1,644.17 175 F. F. $9.40/F.F.
IMPROVEMENT RATE ASSESSABLE PORTION ASSESSMENT RATE
$9.40/F.F. X 100% $9.40/F.F.
C. Institutional Property Assessment Rate
The improvement cost for the institutional property classification was computed using:
TOTAL IMPROVEMENT ASSESSABLE
COST UNITS IMPROVEMENT RATE
$4,173.01 444 F. F. $9.40/F.F.
IMPROVEMENT RATE ASSESSABLE PORTION ASSESSMENT RATE
$9.40/F.F. X 75% $7.05/F.F.
D. Low Density Residential Property Assessment Rate
The improvement cost for the low-density residential property classification was computed using:
TOTAL IMPROVEMENT ASSESSABLE
COST UNITS IMPROVEMENT RATE
$26,223.52 36.5 Lot Equiv. $718.45/Lot Equivalent
IMPROVEMENT RATE ASSESSABLE PORTION ASSESSMENT RATE
$718.45/ Lot Equivalent X 50% $359.22/Lot Equivalent
$359.22 X 75% $269.42/Townhouse Unit
2. Curb and Gutter replacement
The cost to replace damaged curb and gutter amounted to $11,639.61. Other costs, in the amount of
$2,764.12, were allocated resulting in a replacement cost of $14,403.73. This improvement will be
financed by the City's Major Street Fund.
4
~0
3. Utility Repairs
A. Water Utility Repair
The contractor furnished and installed valve 4 each top sections at $275.00 each. This results in a
contract cost of $1,100.00. Other costs, in the amount of $261.23, were allocated resulting in a cost of
$1,361.23. These repair costs are to be financed by the Water Division of the City's Utility Fund.
B. Sanitary Sewer Repair
The contractor removed and replaced 2 manhole castings at a cost of $880.00. Other costs in the amount
of $208.98 were allocated resulting in an improvement cost of $1,088.98. These repair costs are to be
financed by the Sanitary Sewer Division of the City's Utility Fund.
C. ASSESSMENT SPREAD
The special assessments are spread to the abutting and adjacent parcels.
D. ASSESSMENT TERMS
The assessments for this project have a term of 5 years with interest charged at an annual interest rate of
4.50 % on the unpaid balance.
III. CITY REVENUES/(RESPONSIBILITIES)
IMPROVEMENT CITY'S
IMPROVEMENT COST ASSESSMENT (RESPONSIBILITY)
Streets Resurfacing $32,039.48 $17,892.84 $(14,146.64)
Curb Replacement 14,403.73 (14,403.73)
Utility Repair 2,450.21 (2,450.21)
TOTAL $48,893.42 $17,892.84 $(31,000.58)
The following funds will provide financing for the listed improvements.
Major Street Fund $28,550.37
Water Division Utility Fund 1,361.23
Sanitary Sewer Division Utility Fund 1,088.98
Total $31,000.58
U
Gerald R. Wobschall
Reviewed Reviewed
Public Works Depar ent Finance epartment
¢ -
Dated Dated
cc: Thomas A. Colbert, Director of Public Works
Mike Daugherty, City Attorney
Sue Sheridan, Accountant I
GRW
6
i
Combined Assessment Roll
SA NBR 1OP882
Estimated
PID ADDITION NAME Overlay Total Assessment variance
10-01500-040-51 SECTION 15 $718.78 $718.78 $716.00 ($2.78)
10-01500-050-51 SECTION 15 $718.78 $718.78 $716.00 ($2.78)
10-01500-060-51 SECTION 15 $718.78 $718.78 $716.00 ($2.78)
10-15400-070-01 BUFFER HILLS $359.39 $359.39 $358.00 ($1.39)
10-26500-020-01 FIRST MINNEHAHA $1,645.00 $1,645.00 $1,625.00 ($20.00)
10-32750-010-01 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54)
10-32750-010-02 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54)
10-32750-010-03 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54)
10-32750-010-04 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54)
10-32750-020-01 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54)
10-32750-020-02 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54)
10-32750-020-03 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54)
10-32750-020-04 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54)
10-32750-030-01 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54)
10-32750-030-02 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54)
10-32750-030-03 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54)
10-32750-030-04 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54)
10-32750-040-01 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54)
10-32750-040-02 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54)
10-32750-040-03 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54)
10-32750-040-04 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54)
10-32750-050-01 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54)
10-32750-050-02 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54)
10-32750-050-03 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54)
10-32750-050-04 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54)
10-32750-060-02 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54)
10-32750-060-03 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54)
10-57500-012-01 PILOT KNOB HEIGHTS 1ST $3,130.20 $3,130.20 $4,645.00 $1,514.80
10-57502-041-01 PILOT KNOB HEIGHTS 3RD $269.54 $269.54 $269.00 ($0.54)
Wednesday, April 07, 2004 Page I of 2
Combined Assessment Roll
SA_NBR 1OP882
Estimated
PID ADDITION NAME Overlay Total Assessment Variance
10-57502-051-01 PILOT KNOB HEIGHTS 3RD $269.54 $269.54 $269.00 ($0.54)
10-57502-061-01 PILOT KNOB HEIGHTS 3RD $269.54 $269.54 $269.00 ($0.54)
10-57502-071-01 PILOT KNOB HEIGHTS 3RD $269.54 $269.54 $269.00 ($0.54)
10-57502-081-01 PILOT KNOB HEIGHTS 3RD $269.54 $269.54 $269.00 ($0.54)
10-57502-091-01 PILOT KNOB HEIGHTS 3RD $269.54 $269.54 $269.00 ($0.54)
10-57502-101-01 PILOT KNOB HEIGHTS 3RD $269.54 $269.54 $269.00 ($0.54)
10-57502-111-01 PILOT KNOB HEIGHTS 3RD $269.54 $269.54 $269.00 ($0.54)
10-57676-020-01 PINE RIDGE 2ND $359.39 $359.39 $358.00 ($1.39)
10-76500-010-01 TIMBERSHORE $269.54 $269.54 $269.00 ($0.54)
10-76500-020-01 TIMBERSHORE $269.54 $269.54 $269.00 ($0.54)
10-76500-030-01 TIMBERSHORE $269.54 $269.54 $269.00 ($0.54)
10-76500-030-02 TIMBERSHORE $269.54 $269.54 $269.00 ($0.54)
10-76500-040-01 TIMBERSHORE $269.54 $269.54 $269.00 ($0.54)
10-76500-040-02 TIMBERSHORE $269.54 $269.54 $269.00 ($0.54)
10-76502-020-13 TIMBERSHORE 3RD $269.54 $269.54 $269.00 ($0.54)
10-76502-030-13 TIMBERSHORE 3RD $269.54 $269.54 $269.00 ($0.54)
Summary for'SA_NBR' = 1OP882 (45 detail records)
Sum $17,892.84 $17,892.84 $19,356.00 $1,463.16
Wednesday, April 07, 2004 Page 2 of 2
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April 12, 2004 a~
Maria Petersen,
City Clerk
3830 Pilot Knob Road
Eagan, Minnesota 55122
Dear Ms. Peterson,
I received notice of a special assessment to be charged against my property for street
improvements. Since this is a public street and a through street between Denmark and
Pilot Knot Road, many people use this street beyond the residents. I am wondering why
the residents are being asked to cover the cost, and the cost is not being paid by my taxes,
which are supposed to cover public services, including roads.
At the same time, I have also been notified that my property values are being raised
almost 10% this year, and again another 10% for next year. It's amazing that my 25-
year-old townhouse will have increased in value almost 40% from when I purchased it in
the summer of 2001.
So my tax base has been hugely increased, which increases the taxes I pay and now I find
I am being charged for the streets too. I do object to this assessment. It is unfair to the
residents are not the only users of these streets and probably not even the majority of the
users of this street. This is a public street and should be paid for out of public taxes.
Please advise me as to what the next step is in this process and under what law the City of
Eagan is attempting to bill the residents for this street improvement.
Thank you.
Sincerely,
=irginia Lambert
1327 Crestridge Lane
Eagan, MN 55123
Agenda Information Memo
April 20, 2004, Eagan City Council Meeting
VIII. NEW BUSINESS
A. PRELIMINARY SUBDVISION (SCHWANZ ADDITION) - WENZEL
FINANCIAL
ACTIONS TO BE CONSIDERED:
To approve (OR direct findings for denial) a Preliminary Subdivision (Schwan Additoin) to
create 8 twin home for property located at 3200 Pilot Knob Road, subject to the conditions in the
March 23, 2004 Advisory Planning Commission minutes.
To approve (OR direct findings for denial) a 3 percent Variance to allow lots 2 through 7 a
building coverage of 23 percent, for the Schwan Addition. Subject to the conditions in the
March 23, 2004 Advisory Planning Commission minutes.
FACTS:
• The subject site is currently two tax parcels a single family home is present on the
southern lot.
• The property is zoned R-2, eight twinhome units are proposed with this subdivision,
the R-2 Bulk standards are met.
• Dakota County is prohibiting access to Pilot Knob Road.
• Access to the development will be via Jurdy Road to a private cul-de-sac.
• The developer is dedicating one acre of the 2.5 acre site as public right-of-way.
ATTACHMENTS (2):
Planning Staff report on page a&_th_rough/JQ
Planning Commission minutes on page/througm
U
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: March 17, 2004 CASE: 10-PS-02-02-04
APPLICANT: Wenzel Financial HEARING DATE: March 23, 2004
PROPERTY OWNER: Same APPLICATION DATE: February 18, 2004
REQUEST: Preliminary Subdivision PREPARED BY: Sheila Cartney
LOCATION: 3200 Pilot Knob Road
COMPREHENSIVE PLAN: MD, Medium Density (4-12 u/a)
ZONING: R-2, Residential Double
SUMMARY OF REQUEST
The applicant is requesting approval of a Preliminary Subdivision (Schwarz Addition) to create
eight twin home lots (for twinhomes) for property located at 3200 Pilot Knob Road in the SW 1/4
of Section 10.
AUTHORITY FOR REVIEW
Subdivision:
City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission
and the Council shall be guided by criteria, including the following, in approving, denying or
establishing conditions related thereto:
A. That the proposed subdivision does comply with applicable City Code provisions and the
Comprehensive Guide Plan.
B. That the design or improvement of the proposed subdivision complies with applicable
plans of Dakota County, State of Minnesota, or the Metropolitan Council.
C. That the physical characteristics of the site including, but not limited to, topography,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage
and retention are such that the site is suitable for the type of development or use
contemplated.
66"o,
i
Planning Report - Schwan Addition
March 23, 2004
Page 2
D. That the site physically is suitable for the proposed density of development.
E. That the design of the subdivision or the proposed improvement is not likely to cause
environmental damage.
F. That the design of the subdivision or the type of improvements is not likely to cause
health problems.
G. That the design of the subdivision or the improvements will not conflict with easements
of record or with easements established by judgment of court.
H. That completion of the proposed development of the subdivision can be completed in a
timely manner so as not to cause an economic burden upon the City for maintenance,
repayment of bonds, or similar burden.
I. That the subdivision has been properly planned for possible solar energy system use
within the subdivision or as it relates to adjacent property. (Refer to City Handbook on
Solar Access).
J. That the design of public improvements for the subdivision is compatible and consistent
with the platting or approved preliminary plat on adjacent lands.
K. That the subdivision is in compliance with those standards set forth in that certain
document entitled "City of Eagan Water Quality Management Plan for the Gun Club
Lake Watershed Management Organization" which document is properly approved and
filed with the office of the City Clerk hereinafter referred to as the "Water Quality
Management Plan". Said document and all of the notations, references and other
information contained therein shall have the same force and effect as if fully set down
herein and is hereby made a part of this Chapter by reference and incorporated herein as
fully as if set forth herein at length. It shall be the responsibility of the City Clerk to
maintain the Water Quality Management Plan and make the same available to the
public."
BACKGROUND/HISTORY
The subject site consists of two unplatted tax parcels; combined, the total site is about 2.5 acres.
EXISTING CONDITIONS
The southern portion of the site has a single family home present, the northern portion is vacant.
The site is slightly wooded. Access is currently via Pilot Knob Road; Jurdy Road is to the north.
~9
Planning Report - Schwan Addition
March 23, 2004
Page 3
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
Existing Use Zoning Land Use
Designation
North Single Family R-l, Single family LD, Low Density
Residential residential residential 0-4 u/a
South Apartments R-4, Residential SA, Special Area
multiple
East Twin homes PD, Planned MD, Medium Density
Development residential 4-12 u/a
West Pilot Knob Road ROW ROW
EVALUATION OF REQUEST
Compatibility with Surrounding Area - The subject property is zoned R-2, Residential Double
District and guided Medium Density 4-12 units/acre. The site is surrounded by residential uses
and is bordered by medium and high density uses. The proposed use appears compatible with the
area.
Airport Noise Considerations - 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 Metropolitan Development Guide that anticipates the impacts from the continued operation of
the airport at its current location. The noise policy contours in Eagan place the subject property
within Noise Zone 4.
Within this area, infill single family and multiple residential developments would be conditional.
To approve such development in this area, the City Council would need to make acceptable
findings concerning the following:
1. Specific nature of the proposed use, including the extent of outdoor activities.
2. Relationship of the proposed use to other planning considerations, including adjacent land
use activities, consistency with overall comprehensive planning and relation to other
metropolitan systems.
3. Frequency of exposure of proposed uses to aircraft overflight.
4. Location of proposed use relative to aircraft flight tracks and aircraft on-ground operating
and maintenance areas.
5. Location, site design and construction restrictions to be imposed by the community of the
proposed use with respect to reduction of exterior to interior noise transmissions and
shielding of outdoor activities.
V
i
Planning Report - Schwan Addition
March 23, 2004
Page 4
6. Method community will use to inform future occupant of proposed building of potential
noise from aircraft operations.
7. Extent to which community restricts the building from having facilities for outdoor activities
associated with the use.
8. Distance of proposed use from existing or proposed runways, parallel taxiways or engine
run-up areas.
With respect to the factual aspects of the findings, the property lies approximately 2 miles southeast
of the nearest runway at the airport. On an annual average, approximately half of all arrivals and
departures can be expected to use the runways to and from the southeast. Upon completion,
approximately one-third of all arrivals and departures are expected to use the north-south runway.
At current traffic levels, the airport handles approximately 530,000 operations annually. Because of
the relationship of the property to the current departure and arrival procedures and the runway
centerlines, a significant portion of the departures and arrivals will track over or near the property.
The property is approximately 3 miles from the engine maintenance and run up area. (Issues #3, 4
and 8)
While the implementation of the Stage III airline fleet in recent years has lessened the noise per
operation, the net effect of these deductions has not yet been translated into new noise policy
contours. Updated policy contours are expected to be available and adopted later this year, and it is
anticipated that the result will be a reduction in the contours. However, until that time, regional
policy dictates that cities continue to utilize the last officially adopted noise policy contours.
If the City determines that findings concerning these conditions support the approval of this
application for in-fill development, it should be conditioned on the following: Architectural designs
and construction methods for new construction within the development would incorporate sound
attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a
noise level of 65 DNL (based on the inside boundary of the noise zone). This would require an
inside noise level reduction of at least 20 dBA (Issue #5).
Densi - Medium Density designation allows 4-12 units/acre. As proposed the subdivision
meets density requirements with 5 units/acre.
Lots - The Zoning Ordinance requires 7,500 square feet of land per unit for twinhomes. The
proposed 8 lots range from 7,669 square feet to 11,772 square feet, meeting area requirements.
The Zoning Ordinance allows a maximum building coverage of 20 percent. Overal,l the site
achieves this standard; however, as proposed (based on individual lot calculation) lots 2 through
7 have a building coverage of 23 percent. Approximately one acre of the 2.5 acre site is being
dedicated as right-of-way. The necessity of a variance for these lots is considered a policy matter
to be determined by City Officials.
Planning Report - Schwanz Addition
March 23, 2004
Page 5
Setbacks - R-2 setbacks apply to all the lots within this development. The following table
represents the required and proposed setbacks.
Setback Ordinance Proposed
Front yard Pilot 50 feet 70 feet
Knob Road
Front yard Jurdy 30 feet 30 feet
Road
Private Road 25 feet 25 feet
Side yard 0 and 10 feet 0 and 10 feet
principal
Rear and 15 feet 26 feet
Landscaping - The Landscape Plan is acceptable. The proposed plan shows a planting buffer to
the north and east. Six different tree species are proposed with the Landscape Plan. Tree
mitigation adds to the buffers as well, but is not part of the Landscape Plan.
Grading= The preliminary grading plan is acceptable with modifications. The existing site
generally slopes toward the south with elevations ranging from approximately 910 to 886.
Storm Drainage - The preliminary storm drainage plan is acceptable with modifications. Storm
water runoff from the development is proposed to drain via public storm sewer to a pond to be
constructed within Lot 2, Block 1 Effress Addition. This pond will then flow to existing storm
sewer within the intersection of Pilot Knob Road and Northwood Parkway, approximately 250
feet to the south of the development. This storm sewer drains to Pond CP-5 (as identified in the
City Storm Water Management Plan - 1990) south of Northwood Parkway.
Utilities - The preliminary utility plan is acceptable with modifications. Sanitary sewer and water
main of sufficient size and capacity are available within Jurdy Road north of the site.
Sewer and water service pipes to the existing house proposed to be removed (3200 Pilot Knob
Road) should be abandoned in accordance with City engineering standards. All existing well and
septic systems on the site should be abandoned in accordance with Dakota County and City
standards as part of this development.
Streets/ Access/ Circulation - Street access is proposed from a private street cul-de-sac that will
connect with Jurdy Road. A private street turnaround is proposed in accordance with
requirements of the City Fire Marshal. Dakota County is requesting an 86 foot wide right-of-way
to be dedicated with plat.
Easements/ Permits/ Right-of-Way- A portion of the proposed public storm sewer and ponding
is located on private property outside this development (Lot 2, Block 1 Effress Addition). The
Planning Report - Schwanz Addition
March 23, 2004
Page 6
developer should obtain public drainage & utility easement from the private property allowing
for this storm sewer and ponding area, prior to final subdivision approval.
A portion of the proposed street turnaround is also within private property outside this
development (Lot 2, Block 1 Effress Addition). The developer should provide evidence of a
private easement agreement allowing for this turnaround, in a form acceptable to the City
Attorney, prior to Final Subdivision approval.
Wetlands/Water Quality - The developer's consultant is working with the Water Resources
Division to address stormwater runoff issues from the 2.5-acre site. Originally proposed not to
include any treatment of stormwater from the site, grading plans are being revised to include a
small treatment pond directly south of the parcel. This plan will be reviewed at the next meeting
of the Advisory Parks Commission. There are no wetlands on this parcel.
Tree Preservation - The proposed tree preservation plan indicates tree removal of about 99
percent. Tree mitigation is required for this site. The tree mitigation plan submitted at the time
of this report was incomplete. This subdivision will be before the Advisory Parks and Recreation
Commission on April 19, 2004, it is anticipated the tree mitigation issues will be resolved by
then.
Parks and Recreation - The proposed subdivision is subject to a cash park and cash trails
dedication.
SUMMARY/CONCLUSION
The applicant is requesting approval of a preliminary subdivision to create 8 twin home lots (four
twinhomes). The proposed twinhomes meet all R-2 bulk standards. The Zoning Ordinance
allows a maximum building coverage of 20 percent. Overall, the site achieves the intent of this
standard; however, as proposed (based on individual lot calculation) lots 2 through 7 will have a
building coverage of 23 percent. The developer is dedicating one acres of the 2.5 acre site as
public right-of-way. The necessity of a variance to the building coverage is a policy matter to be
determined by City Officials.
Access to the development will be via Jurdy Road to a private cul-de-sac. Existing direct access
to Pilot Knob will be removed and will not be permitted. A portion of the proposed street
turnaround is also within private property outside this development (Lot 2, Block 1 Effress
Addition). The developer should provide evidence of a private easement agreement allowing for
this turnaround, in a form acceptable to the City Attorney, prior to final subdivision approval.
ACTION TO BE CONSIDERED
To recommend approval of a Preliminary Subdivision to create 8 twin home lots (Schwarz
Addition) for property located at 3200 Pilot Knob Road.
If approved, the following conditions should apply.
2
Planning Report - Schwanz Addition
March 23, 2004
Page 7
1) The developer shall comply with these standards conditions of plat approval as adopted
by Council on February 2,1993: Al, B1,2,3,4, C1,2,4, D1, El.
2) The property shall be platted.
3) Architectural designs and construction within the development would incorporate sound
attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared
with a noise level of 65 DNL (based on the inside boundary of the noise zone). This would
require an inside noise level reduction of at least 20 dBA .
4) Sewer and water service pipes to the existing house to be removed (3200 Pilot Knob
Road) shall be abandoned in accordance with City engineering standards.
5) All existing well and septic systems on the site shall be abandoned in accordance with
Dakota County and City standards as part of this development.
6) The developer shall obtain the necessary public drainage & utility easement allowing for
the proposed storm sewer and ponding area on Lot 2, Blockl Effress Addition, prior to
final subdivision approval.
7) The developer shall provide evidence of a private easement agreement allowing for the
private street turnaround on Lot 2, Block 1 Effress Addition, in a form acceptable to the
City Attorney, prior to final subdivision approval.
8) The development is subject to cash park and trails dedication.
To recommend approval of a 3 percent Variance to allow Lots 2 through 7 a building coverage
of 23 percent, for the Schwartz Addition. If approved the following conditions shall apply:
1) If within one year after approval, the variance shall not have been completed or utilized, it
shall become null and void unless a petition for extension has been granted by the
council. Such extension shall be requested in writing at least 30 days before expiration
and shall state facts showing a good faith attempt to complete or utilize the use permitted
in the variance.
i
STANDARD CONDITIONS OF PLAT APPROVAL
A. Financial Obligations
1. This development shall accept its additional financial obligations as defined
in the staffs report in accordance with the final plat dimensions and the rates
in effect at the time of final plat approval.
B. Easements and Rights-of-Way
1. This development shall dedicate 10-foot drainage and utility easements
centered over all lot lines and, in addition, where necessary to accommodate
existing or proposed utilities for drainage ways within the plat. The
development shall dedicate easements of sufficient width and location as
determined necessary by engineering standards.
2. This development shall dedicate, provide, or financially guarantee the
acquisition costs of drainage, ponding, and utility easements in addition to
public street rights-of-way as required by the alignment, depth, and storage
capacity of all required public utilities and streets located beyond the
boundaries of this plat as necessary to service or accommodate this
development.
3. This development shall dedicate all public right-of-way and temporary slope
easements for ultimate development of adjacent roadways as required by the
appropriate jurisdictional agency.
4. This development shall dedicate adequate drainage and ponding easements
to incorporate the required high water elevation plus three (3) feet as
necessitated by storm water storage volume requirements.
C. Plans and Specifications
1. All public and private streets, drainage systems and utilities necessary to
provide service to this development shall be designed and certified by a
registered professional engineer in accordance with City adopted codes,
engineering standards, guidelines and policies prior to application for final
plat approval.
2. A detailed grading, drainage, erosion, and sediment control plan must be
prepared in accordance with current City standards prior to final plat
approval.
3. This development shall ensure that all dead-end public streets shall have a
cul-de-sac constructed in accordance with City engineering standards.
?5-
4. A separate detailed landscape plan shall be submitted overlaid on the
proposed grading and utility plan. The financial guarantee for such plan
shall be included in the Development Contract and shall not be released
until one year after the date of City certified compliance.
D. Public Improvements
1. If any improvements are to be installed under a City contract, the appropriate
project must be approved by Council action prior to final plat approval.
E. Permits
1. This development shall be responsible for the acquisition of all regulatory
agency permits required by the affected agency prior to final plat approval.
F. Parks and Trails Dedication
1. This development shall fulfill its park and trail dedication requirements as
recommended by the Advisory Parks, Recreation and Natural Resource
Commission and approved by Council action.
G. Water Quality Dedication
1. This development shall be responsible for providing a cash dedication,
ponding, or a combination thereof in accordance with the criteria identified
in the City's Water Quality Management Plan, as recommended by the
Advisory Parks, Recreation and Natural Resource Commission and
approved by Council action.
H. Other
1. All subdivision, zoning and other ordinances affecting this development shall
be adhered to, unless specifically granted a variance by Council action.
Advisory Planning Commission City Council
Approved: August 25, 1987 September 15, 1987
Revised: July 10, 1990
Revised: February 2, 1993
LTSOS
STANDARD.CON q~
FINANCIAL OBLIGATION-Schwanz Addition- Preliminary Subdivision
There are pay-off balances of special assessments totaling $-0-on the parcels proposed for subdivision. The
pay-off balance will be allocated to the lots created by the subdivision.
At this time, there are no pending assessments on the parcel proposed for subdivision.
This estimated financial obligation is subject to change based upon the areas, dimensions and land uses
contained in the final subdivision.
Based upon the study of the financial obligations collected in the past and the uses proposed for the property,
the following charges are proposed. The charges are computed using the City's existing fee schedule and for the
connection and availability of the City's utility system. The charges will be computed using the rates in effect at
time of connection or subdivision.
IMPROVEMENT USE RATE QUANTITY AMOUNT
Sanitary Sewer Trunk S.F. $1,000/Lot 6 Lots $6,000
Water lateral S.F. 24.85/F.F. 260 F.F. 6,461
Storm Sewer Trunk S.F. .095/Sq. Ft. 30,300 Sq. Ft. 2,853
Storm Sewer Lateral S.F. .095/Sq. Ft. 30,300 Sq. Ft. 2,853
Total $18,167
Tuesday, February 17, 2004
Preliminary Subdivision Submittal Requirements:
Written Narrative
This in regards to the development of 2 parcels briefly described as follows:
P/0 NW '/4 & SW 10-278-23. This is a combination of two parcels of land that is
presently designated as medium density and zoned R-2 single family. The proposal is to
keep these two parcels designated and zoned as they are presently. Presently there is a
single family home on one parcel that will be demolished and all ordinances adhered to
regarding demolition of said home. This properly is adjacent to twin homes to the east,
apartments to the east and south east, single family homes to the northeast of the twin
homes and single family homes to the north of said development across Jurdy Road.
Directly West of proposed development is Pilot Knob road and Unisys Park. The
proposed development will consist of one phase, be completed by year end 2005 and will
include construction of a private road from Jurdy Lane and construction of four twin
home buildings equaling eight units and shall be maintained by an association.
?001
i
Eagan Boundary
Location Map I Street Centerline
Parcel Area
Building Footprint
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DevelopmentlDeveloper: Wenzel Financial
Application: Preliminary Subdivisio /
Case No.: 10-PS-02-02-04
Map Prepared using ERSI ArcYew 3.1. Parcel base map data provided N
by Dakota County Office of GIS and Is current as of January 2004,
THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E
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• a' The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S
Community Development Department not responsible for errors or omissions.
Current Zoning and Comprehensive Guide Plan Schwanz Addition
Land Use Map Case No. 10-PS-02-02-04
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Zoning Map
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City of Eagan Z , W E
THIS MAP IS INTENDED FOR REFERENCE USE ONLY
Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. S
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EAGAN ADVISORY PLANNING COMMISSION
EAGAN, MINNESOTA
March 23, 2004
A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, March
23, 2004 at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Heyl, Members
Hansen, Bendt, Gladhill, and Leeder. Also present were City Planner Mike Ridley, Planner
Sheila Cartney, City Attorney Bob Bauer, Assistant City Engineer John Gorder, and Recording
Secretary Camille Yungerberg.
AGENDA
Chair Heyl stated Item D on the Agenda was withdrawn.
Member Bendt moved, Member Hansen seconded a motion to adopt the Agenda as amended.
All voted in favor. Motion carried 5-0.
February 24, 2004 ADVISORY PLANNING COMMISSION MEETING MINUTES
Chair Heyl stated on page three, the vote count should reflect that she abstained from voting on the
item.
Member Leeder moved, Member Bendt seconded a motion to approve the February 24, 2004
Advisory Planning Commission Meeting minutes as amended.
All voted in favor. Motion carried 5-0.
III. PUBLIC HEARINGS
A. PRELIMINARI' SUBDIVISION - WENZEL FINANCIAL
A Preliminary Subdivision (Schwanz Addition) of approximately 2.57 acres to create four
twin homes on property located at 3200 Pilot Knob Road in the SW % of Section 10.
Planner Cartney introduced this item and highlighted the information presented in the City Staff repor
dated March 17, 2004. She noted the background and history.
Chair Heyl opened the public hearing.
Richard Le May, 1385 Jurdy Road stated he would like explanation of the access to Pilot Knob Road.
City of Eagan
Advisory Planning Commission Meeting Minutes
March 23, 2004
Page 2
City Planner Ridley stated the access is not available from Pilot Knob Road; therefore access is
required from Jurdy Road.
Mr. Le May stated the access from Jurdy Road is not acceptable.
F.B. Daniel, 1379 Jurdy Road stated agreement with Mr. Le May and stated concern for the plan o
access to the development.
There being no further public comment, Chair Heyl closed the public hearing and turned the
discussion back to the Commission.
Assistant City Engineer John Gorder stated the right of way would be given to those using Jurd).
Road. He stated the storm water ponding for the site would be located on the apartment property tc
the south, which is also owned by Wenzel Financial
John Wingard, Engineer for the project discussed the access and stated the proposed access fron
Jurdy Road is the best solution for access. He `explained that the unit positioning is designed so tha
there can be eight units with walk out basements. He stated eliminating' a unit would not be cos
effective. He explained that the first lot is larger because of the set back requirements and the last to
is larger in order to accommodate the turn around.
City Attorney Bob Bauer suggested that a condition be added that states: the developer shall provid(
evidence of a declaration of easement establishing the access to the lots and maintenance of the
private road.
Member Gladhill moved, Member Leeder seconded a motion to recommend approval of
Preliminary Subdivision (Schwanz Addition) of approximately 2.57 acres to create four twin home;
and a 3 percent Variance to allow Lots 2 through 7 a building coverage of 23 percent, for the
Schwanz Addition on property located at 3200 Pilot Knob Road in the SW %4 of Section 10 subject t(
the following conditions as amended:
1) The developer shall comply with these standards conditions of plat approval as
adopted by Council on February 2, 1993: Al, B1,2,3,4, C1,2,4, D1, E1.
2) The property shall be platted.
3) Architectural designs and construction within the development would incorporate
sound attenuation standards sufficient to achieve an interior sound level of 45
dBA as compared with a noise level of 65 DNL (based on the inside boundary of
the noise zone). This would require an inside noise level reduction of at least 20
dBA.
4) Sewer and water service pipes to the existing house to be removed (3200 Pilot
Knob Road) shall be abandoned in accordance with City engineering standards.
City of Eagan
Advisory Planning Commission Meeting Minutes
March 23, 2004
Page 3
5) All existing well and septic systems on the site shall be abandoned in
accordance with Dakota County and City standards as part of this development.
6) The developer shall obtain the necessary public drainage & utility easement
allowing for the proposed storm sewer and ponding area on Lot 2, Block1 Effress
Addition, prior to final subdivision approval.
7) The developer shall provide evidence of a private easement agreement allowing
for the private street turnaround on Lot 2, Block 1 Effress Addition, in a form
acceptable to the City Attorney, prior to final subdivision approval.
8) The development is subject to cash park and trails dedication.
9) The developer shall provide evidence of a declaration of easement establishing
the access to the lots and maintenance of the private road.
Variance
1) If within one year after approval, the variance shall not have been completed or
utilized, it shall become null and void unless a petition for extension has been
granted by the council. Such extension shall be requested in writing at least 30
days before expiration and shall state facts showing a good faith attempt to
complete or utilize the use permitted in the variance.
All voted in favor. Motion carried 5-0.
Agenda Information Memo
April 20, 2004, Eagan City Council Meeting
B. INTERIM USE PERMIT - SOWLES PROPERTIES
ACTIONS TO BE CONSIDERED:
Continue the item to the May 18, 2004 regular City Council meeting.
REQUIRED VOTE FOR APPROVAL
Majority of Quorum
FACTS:
➢ Following the City Council Workshop on April 13, 2004 the applicant has requested
the item be continued.
ATTACHMENTS (1):
Letter requesting continuance on page //0.
X09
6512879785
APR.16.2004 8:12AM VALLEY BUILDING 651-287-9785 N0.277 P.1i1
SOWLES PROPERTIES LIMITED PARTNERSHXP
VALLEY BUILDING PRODUCTS CO.
3045 HIGHWAY 13
EAGAN, MINNESOTA 55121-1602
FAX TRANSMITTAL,
April 16, 2004
To: Mike Ridley
City of Eagan
Fax #651.675.5694
From: Jack Romsaas
DD - 651.297.9796
Re: Interim Use Permit Application
We request our Interim Use Permit Application be continued to the Tuesday, May 18,
2004 City Councii Meeting.
Feel free to call should there be any questions.
Cc: Lary Sowles
Dan Sowles
i
Agenda Information Memo
April 20, 2004 Eagan City Council Meeting
C. ORDINANCE AMENDMENT - CITY OF EAGAN
ACTION TO BE CONSIDERED:
To adopt an Ordinance Amendment modifying Chapter 13, Section 13.40, Subd. 3,
regarding Variances.
FACTS:
➢ At their regular meeting of March 16, 2004, the City Council directed the City
Attorney's office to prepare an ordinance amendment suitable for publication to
modify Chapter 13, Section 13.40, Subd. 3 regarding Variances.
➢ The City's update of Chapter 11 (Zoning) included updating the process for
Variance requests. Chapter 13 (Subdivision & Platting) also has a Variance
procedure that is now conflicting with the stated process found in Chapter 11.
➢ The Advisory Planning Commission held the Public Hearing and recommended
approval of the amendment at their meeting on March 23, 2004.
ISSUES: None
ATTACHMENTS: (1)
Amendment on pages through ff?
City of Eagan
Advisory Planning Commission Meeting Minutes
March 23, 2004
Page 12
G. ORDINANCE AMENDMENT - CITY OF EAGAN
An Ordinance Amendment to modify Chapter 13 Entitled "Subdivision Regulations
(Platting)" Chapter 13.40, Subd. 3, regarding Variances, to be consistent with the
updated Chapter 11 stated process for Variance requests.
Senior Planner Ridley introduced this item and highlighted the information presented in the
Memorandum dated February 9, 2004 regarding: Ordinance Amendments Section 4.20 and Sectior
13.40, Subd. 3.
Chair Heyl opened the public hearing.
There being no public comment, Chair Heyl closed the public hearing and turned the discussion bacl
to the Commission.
Member Leeder moved, Member Bendt seconded a motion to recommend approval of an Ordinanc(
Amendment to modify Chapter 13 Entitled "Subdivision Regulations (Platting)" Chapter 13.40, Subd
3, regarding Variances, to be consistent with the updated Chapter 11 stated process for Varianc(
requests.
All voted in favor. Motion carried 5-0.
1V. OTHER BUSINESS
Senior Planner Ridley stated there would not be an Advisory Planning Commission workshop in April,
2004.
V. VISITORS' TORE HEARD (FOR ITEMS NOT ON THE AGENDA)
There were no visitors to be heard for items not on the agenda.
VI. ADJOURNMENT
Member Bendt moved, and Member Leeder seconded a motion to adjourn the Advisory
Planning Commission meeting at 7:55 p.m.
All voted in favor. Motion carried 5-0.
Respectfully Submitted by:
i
SEVERSON, SHELDON, DOUGHERTY
& MOLENDA, P.A.
TO: Mira McGarvey, Deputy Clerk
FROM: Sharon K. Hills, City Attorney
DATE: February 9, 2004
RE: Ordinance Amendments - Section 4.20 and Section 13.40, subd. 3
In accordance with the City Council's directive at its January 20, 2004 meeting, attached please
find an ordinance amendment deleting Section 4.20 regarding replacement, erection and
maintenance of signs and an ordinance amendment amending Section 13.40, subd. 3, regarding
variance request procedures.
Should you have any questions concerning either of these ordinance amendments, please feel
free to contact me.
SKH/jlt
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER THIRTEEN ENTITLED "SUBDIVISION REGULATIONS (PLATTING)" BY
AMENDING SECTION 13.40 REGARDING VARIANCES AND WAIVERS; AND BY
ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 13.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter 13 is hereby amended by adding Section 13.40, subd,
3, to read as follows:
Subd. 3. Variances and waivers.
A. PuE ose. T Eeuncil- may, a€teemod r-eee renda4ieft by-thug
ee ssio gfafrtN ees - of the pr-evisiens of dkis
of the r .,.,,latiens of this ehapte
along B. Petition. A petition for- a var-ianee of platting shffill h-1-Q -fi-11-Nd *4th the Gjt~'
platting, . r- of the o
sWdy eeneeming the effeet of the proposed vaFianee or- waiver- of pla#iag upon the
eempr-ehensive plan and ea the ehar-aeter- and develepment ef the neighbor-hood and
planning eemmission shall make its reeeFffnendatien v4d4n 60 days after- t
request-is r-e€eiTed to itand, -after- that tifne, the eouneil et ,;t,,e t +l,o
location, ehar-aeter- ar- other featffes of the proposed pla4 as it may deem advisable.
it deems it-neaesj3afy er- advisable. he pieeed ufes-i ' the notiee and ••ubli" hearing
eenditiens applying te the sti-aetafes or- land in question are paftieulaf to sue
pr-epeAy and do not apply generally to other lafid or- stnaetur-es in the distfiet ifi
+.1, a said land is lee tnrl' and that the granting of the pfepesed
~ var-i o
I
saiwenienee to the s
diffieukies,
E. De€effal-t6the-p1> 3gE6m iiss e . 2-6euneil may refer afiy yarta ee er- waive
G. Lapse of variance. A ~;gver- beeatmes veid two years after- it was gr-ai4e
tHgess made use ef %id& the ~we year- period er- sueh longer- t4me peried as the
A. Purpose. The council may grant variances from the strict application of the
provisions of the applicable Code provisions and impose conditions and
safeguards in the variances so granted where practical difficulties or
particular hardships result from glMing~ out the strict letter of the
regulations of such Code provisions.
B. Procedures.
1. Request for a variance shall be filed with the city on the city's application
form. The application shall include a statement of the exceptional conditions
and the peculiar and practical difficulties claimed as a basis for the need for
a variance and shall be accompanied by a non-refundable fee as established
by council resolution. The application shall also be accompanied by
sufficient copies of detailed, written andg_raphic materials necessary for the
explanation of the request, together with a list of property owners affected or
within 350 feet of the outer boundaries of the subject property. The request
shall be considered as being officially submitted when all the information
requirements are complied with.
2. The city council shall hold a public hearing to review each request for a
variance and shall approve or deny the request within 60 days of the filing of
a completed application, unless extended in a manner consistent with Minn.
Stat. & 15.99. All owners of property located within 350 feet of the outer
boundaries of the subject property shall be mailed a notice of the request for
variance and the date and time of the city council's public hearing. In cases
when a variance to a regulation is requested with other applications for
public hearing before the advisory planning commission, the advisory
l
planning commission shall make a reco_mmen_datio_n_ to grant or deny the
variance application to the city council.
3. The city council may approve, approve with conditions or deny a request for
a variance. In consideringL all requests for a variance, city council shall
consider the following factors:
a. Exceptional or extraordinary circumstances apply to the property which do
not apply- generally to other properties in the same zone or vicinity, and
result from lot size or shape, topography, or other circumstances over which
the owners of properly have no control.
b. The literal interpretation of the provisions of this Code would deprive the
Uplicant property use commonly enjoyed b other properties in the same
district under the provisions of this Code.
C. That special conditions or circumstances do not result from the actions of
the applicant.
d. That granting of the variance requested will not confer on the applicant any
special privilege that is denied by this Ordinance to owners of other lands,
structures or buildings in the same district.
e. The variance requested is the minimum variance which would alleviate the
hardship.
f. The variance would not be materially detrimental to the purposes of this
Code or to property in the same zone.
C. Lapse of variance or appeal. Whenever within one year after granting a
variance or appeal the use as permitted by the variance or appeal shall not
have been completed or utilized, then such variance or appeal shall become
null and void unless a petition for extension of time in which to complete or
to utilize the use has been granted by the council. Such extension shall be
requested in writing and filed with the city clerk at least 30 days before the
expiration of the original variance or appeal. There shall be no charge for the
filing of such petition. The request for extension shall state facts showing a
good faith attempt to complete or utilize the use permitted in the variance or
appeal.
D. Reapplication. No application of a property owner for a variance shall be
considered within a period of one year following a denial of such request,
except that a new application may be permitted if new evidence or a change
of circumstances warrant it.
146
Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 13.40, entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated
verbatim.
Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication
according to law.
ATTEST: CITY OF EAGAN
City Council
By: Maria Petersen By: Pat Geagan
Its: Deputy Clerk Its: Mayor
Date Ordinance Adopted:
Date Ordinance Published in the Legal Newspaper:
Date of Advisory Planning Commission Hearing:
//7
Agenda Information Memo
April 20, 2004 Eagan City Council Meeting
NEW BUSINESS
D. PROVIDE STAFF DIRECTION REGARDING RETAIL SALES OF NON-
EXPLOSIVE/NON-AERIAL FIREWORKS PERMIT AND FIREWORKS
DISPLAY PERMIT
ACTION TO BE CONSIDERED:
1. To direct staff to prepare an ordinance requiring retailers to obtain a permit for the sale of
fireworks subject to the regulations of S.S. 624.20 l.to 624.25.
2. To direct staff to proceed with an agreement that would allow the City of Eagan to issue
permits for fireworks displays.
FACTS:
• The sale, possession, and use of some non-explosive and non-aerial consumer fireworks
are now permitted in Minnesota.
• Explosive and aerial fireworks are still prohibited for public sale, possession, and use in
Minnesota.
• The City of Eagan has adopted the Minnesota State Fire Code (M.S.F.C.).
• The M.S.F.C. and Minnesota Statute allows jurisdictions to require permits for retail sales
of fireworks.
• The issuance of a permit would be a productive code enforcement tool, as well as a
tracking mechanism for retail sales of fireworks in Eagan.
• Minnesota Statute 624.20 sets the maximum permit charge for retail stands selling only
fireworks at $350/year. For other retailers (i.e. Target, Wal-Mart, gas stations etc.) that
sell retail fireworks, the maximum permit fee would be $100.
• Issuance of indoor fireworks display permits are currently the responsibility of the
Minnesota State Fire Marshal. (M.S.F.M.)
• Minnesota Statute 624.22 permits the M.S.F.M. to delegate the fireworks display permit
responsibility to local fire chiefs.
• Twenty-one cities in Minnesota have been delegated the permitting and inspection
responsibilities.
• First hand knowledge of fireworks displays would benefit both the Fire Department and
Protective Inspections Division.
ATTACHMENTS:
• Staff report on page.
• June 5, 2003 memorandum from Sharon K. Hills, City Attorney, on pages )Qthrough
La..L•
•M~a 28, 2003 State Fire Marshal Division Fireworks Fact Sheet on pages I ~0 through
~l g
COMMUNITY DEVELOPMENT REPORT
SUMMARY OF REQUEST
Community Department staff is requesting the City Council to consider:
1. Requiring retailers of exempt fireworks to obtain a permit from the City.
2. Authorize staff to issue permits for fireworks displays (pyrotechnics). Currently, the
State Fire Marshal is required to issue permits for indoor pyrotechnics displays; however
this responsibility can be delegated to the local authority.
BACKGROUND
1. Recent legislation allows the sale of certain non-explosive/non-aerial fireworks. City
Attorney Sharon Hills June 5, 2003 memorandum states that local municipalities are
allowed to require permits for these exempt fireworks. Our department believes that the
issuance of permits would be a great tool to enforce the Minnesota State Fire Code rules
for the storage and handling of such devices. Currently, we have no idea how many retail
outlets include exempt fireworks as part of their product lines.
The Fireworks Fact Sheet from the State Fire Marshal Division and the memorandum
from Sharon Hills state that the maximum permit fee for retail stands selling only exempt
fireworks is capped at $350.00. For other retailers, (i.e. Target, Wal-Mart, gas stations
etc.) that sell retail exempt fireworks, the maximum permit fee is capped at $100.00.
2. The tragic fire in a Rhode Island nightclub and a similar event with a different outcome at
the Fine Line Music Cafe in Minneapolis prompted our department to look closer into the
possibility of analogous events occurring in Eagan. These fires reinforce the lifesaving
benefits of fire sprinkler systems.
The Rhode Island fire involved pyrotechnics in an unsprinklered structure with
questionable wall finish material. The rapid rate of fire and the propensity for occupants
to exit via the main entrance doors rather than the closest exits were major factors in the
significant loss of life. Fortunately, we have not identified any structures with these
similarities in Eagan. Subsequent to these fires, we have performed inspections of known
sites that have used indoor pyrotechnics, as well as establishments with a potential to use
these displays. Indoor pyrotechnics could be used in schools, churches, bars, or other
establishments that have performances. In an effort to more closely monitor pyrotechnics
displays, we would like responsibility for issuing permits for indoor displays to be
delegated to the City of Eagan by the State Fire Marshal. A permit fee of $100.00 should
cover the expenses involved in this process. Additional fees may apply if multiple site
inspections are required due to the complexity or duration of an event.
> t 9
SEVERSON, SHELDON, DOUGHERTY
& MOLENDA, P.A.
TO: ale Schoeppner, Chief Building Official
FROM: Sharon K. Hills, City Attorney
DATE: June 5, 2003
RE: Fireworks Regulations
Our File No. 206-21309
In response to your memorandum dated May 27, 2003, regarding proposed permit
regulations for fireworks display and retail sale of non-explosive/non-aerial fireworks type
products. I provide the following comments and recommendations:
I. Definition of Fireworks. The sale, possession, use, and explosion of fireworks are
regulated by Minn. Stat., §§624.20 to 624.25. These regulations further provide for a permit
process for fireworks displays, including indoor and outdoor displays, as well as licensing
authority to cities for retail sale of certain non-fireworks products.
At the outset, it is important to note that not all products that sparkle or burn are
"fireworks" subject to the regulations of §§624.20 to 624.25. Specifically, during the 2002
Legislative Session, the Legislature exempted certain products from the definition of
"fireworks," which in effect would make it lawful to use, sell, possess or ignite. These products
are very limited, however, consisting of wire or wood sparklers containing not more than 100
grams of explosive mixture; other non-explosive and non-aerial sparkling products that contain
no more than 75 grams of chemical mixture; snakes and glow worms; smoke devices (smoke
bombs); and or trick noise makers. Because these items are not "fireworks" as the term is
defined by Minnesota Statutes, it is imperative that the tern "fireworks," not be utilized in the
context of any regulations regarding a permit for retail sales of such products.
2. Fireworks Display Permit. In response to the Rhode Island pyrotechnic fire, City
staff is proposing a City Code provision requiring indoor and outdoor fireworks display permit.
For purposes of this discussion, the term "fireworks" is limited to those products as defined by
Minn. Stat. §624.20 and does not include those items .specifically excluded from the definition.
In researching Minn. Stat. 624.20 to 624.25, it is our office's opinion that a City ordinance
requiring a fireworks display permit is not required.
First, the state statute already makes it unlawful for any person to sell, possess, use or
explode (display) any fireworks unless the person holds a valid fireworks display permit. The
State statute also sets forth the permit process.
i
Secondly, during the 2003 Legislative Session, which just adjourned within the last few
days, the Legislature has amended the fireworks display permit regulations which are applicable
to the issues raised in the City staff memorandum. Specifically, under the new statutory
amendments to §624.22, the Legislature distinguished between outdoor fireworks displays and
indoor fireworks displays (indoor pyrotechnic displays). Prior to the amendment, the statute
provided that a permit for any fireworks display shall be obtained from the local government
unit. However, under the new language, a local government unit is responsible for only outdoor
fireworks display permits, while indoor fireworks display permits are the responsibility of the
State Fire Marshall. Under the statutory mandates, the State Fire Marshall must receive and
process indoor fireworks display permit applications, inspect the properties for which the permit
is sought, and notify the local fire chief of the permit. The new language does permit the State
Fire Marshall to grant a local fire chief the authority to issue permits for indoor fireworks
displays; however, if the City decides not to assume the authority or responsibility of issuing
indoor fireworks display permits, then the responsibility remains with the State Fire Marshall.
In summation, a City ordinance to require and regulate outdoor fireworks display permits
is not required as all of the regulatory provisions are set forth in the state statutes. In regard to a
City ordinance for indoor fireworks display permits, the permitting process falls within the
authority and responsibility of the State Fire Marshall, unless the City decides to accept the
authority to issue the permits as delegated by the State Fire Marshall. If the City decides not to
accept responsibility as delegated, then the permitting process remains with the State Fire
Marshall.
3. Permits for Retail Sales of Exempt Fireworks. As stated above, certain sparkling
or ignited products do not constitute "fireworks" under the state regulations in Minn. Stat.
§§624.20 to 624.25. For purposes of this Memorandum, I will refer to those products that are
specifically excluded from the definition of "fireworks" as "exempt fireworks."
During the 2002 Legislative Session, the Minnesota Legislature removed certain products
from the definition of fireworks which in turn, authorized the use, explosion, possession, and sale
of those products. During the 2003 Legislative Session, the Minnesota Legislature passed into
law a city's right to require an annual license for the sale of "exempt fireworks." Under the new
law, the annual license fee may not exceed $350.00 and the City may not prohibit or restrict the
display for retail sale those products that comply with the National Fire Protection Association
Standards or impose any financial guarantee requirements upon a licensed retail seller. Unlike
the fireworks display permit process, the State statute does not provide for the license or permit
process. Therefore, if it is the City's desire to require a license for the retail sale of "exempt•
fireworks," then an ordinance should be enacted by City Council.
In conclusion, I have enclosed for your reference a copy of Minn. Stat_ §§624.20 to
624.25, including a copy of the Legislative bills that were passed in 2003.
SKH/jlt
cc: Tom Hedges, City Administrator
Craig Jensen, Fire Chief -Eagan Fire Department
4innesota Statutes 2002, Chapter 624.
;opyright 2002 by the Office of Revisor of Statutes, State of Minnesota.
:=624 .01
624.01 Repealed, 1995 c 186 s 103
-624 .02
624.02 Repealed, 1985 c 212 s 27
==624.03
624.03 Repealed, 1995 c 186 s 103
==624.04
624.04 Service of process on the Sabbath prohibited.
Every service of legal process upon the Sabbath day, except
in case of a breach or apprehended breach of the peace, or when
sued out for the apprehension of a person charged with crime, or
where such service is expressly authorized by statute, is hereby
prohibited.
HIST: (10237) RL s 4983
Q
==624.20 A~~~.~~a Z~b3- t~.?-j-a.. C_
624.20 Fireworks.
Subdivision 1. (a) As used in sections 624.20 to 624.25,
the term "fireworks" means any substance or combination of
substances or article prepared for the purpose of producing a
visible or an audible effect by combustion, explosion,
deflagration, or detonation, and includes blank cartridges, toy
cannons, and toy canes in which explosives are used, the type of
balloons which require fire underneath to propel them,
firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs,
sparklers other than those specified in paragraph (c), or other
fireworks of like construction, and any fireworks containing any
explosive or inflammable compound, or any tablets or other
device containing any explosive substance and commonly used as
fireworks.
(b) The term "fireworks" shall not include toy pistols, toy
guns, in which paper caps containing 25/100 grains or less of
explosive compound are used and toy pistol caps which contain
less than 20/100 grains of explosive mixture.
(c) The term also does not include wire or wood sparklers
of not more than 100 grams of mixture per item, other sparkling
items which are nonexplosive and nonaerial and contain 75 grams
or less of chemical mixture per tube or a total of 2Q0 grams or
less for multiple tubes, snakes and glow worms, smoke devices,
or trick noisemakers which include paper streamers, party
poppers, string poppers, snappers, and drop pops, each
consisting of not more than twenty-five hundredths grains of
explosive mixture. The use of items listed in this paragraph is
not permitted.on public property. This paragraph does not
authorize the purchase of items listed in it by persons younger
than 18 years of age. The age of a purchaser of items listed in
this paragraph must be verified by photographic identification.
httn://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 6/3/2003
1
Subd. 2. As used in sections 624.20 to 624.25, the term
"explosive fireworks" means any fireworks that contain
pyrotechnic or flash powder, gunpowder, black powder, or any
other explosive compound constructed to produce detonation or
deflagration.
HIST: 1941 c 125 s 1; 1988 c 584 s 2; 2002 c 350 s 1
-624.21
624.21 Sale, possession, and use of fireworks prohibited.
Except as otherwise provided in sections 624.20 to 624.25,
it shall be unlawful for any person to offer for sale, expose
for sale, sell at retail or wholesale, possess, advertise, use,
or explode any fireworks. This section shall not be construed
to prohibit the possession, use, or explosion of fireworks by an
engineer licensed pursuant to sections 326.02 and 326.03 or a
person under the engineer's direct supervision when undertaking
acoustical testing; or sales at wholesale to those persons
holding valid permits for a fireworks display from a
governmental subdivision of the state; or sales outside the
state or sales to licensed professional engineers for acoustical
testing purposes only.
HIST: 1941 c 125 s 2; 1963 c 818 s 1; 1962 c 440 s 1; 1988 c
584 s 3; 1994 c 636 art 5 s 17
==624.22
624.22 Fireworks displays; permit; operator O0 C`ss~ 'a+
certification.
Subdivision 1. General requirements; permit;
investigation; fee. (a) Sections 624.20 to 624.25 do not
prohibit the supervised display of fireworks by a statutory or
home rule charter city, fair association, amusement park, or
other organization, except that:
(1) a fireworks display may be conducted only when
supervised by an operator certified by the state fire marshal;
and
(2) a fireworks display must either be given by a
municipality or fair association within its own limits, or by
any other organization, whether public or private, only after a
permit for the display has first been secured.
(b) An application for a permit must be made in writing to
the municipal clerk at least 15 days in advance of the date of
the display and must list the name of an operator who is
certified by the state fire marshal and will supervise the
display. The application must be promptly referred to the chief
of the fire department, who shall make an investigation to
determine whether the operator of the display is competent and
is certified by the state fire marshal, and whether the display
is of such a character and is to be so located, discharged, or
fired that it will not be hazardous to property or endanger any
person. The fire chief shall report the results of this
investigation to the clerk. If the fire chief reports that the
operator is certified, that in the chief's opinion the operator
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is competent, and that the fireworks display as planned will
conform to the safety guidelines of the state fire marshal
provided for in paragraph (e), the clerk shall issue a permit
for the display when the applicant pays a permit fee.
(c) When the supervised fireworks display for which a
permit is sought is to be held outside the limits of an
incorporated municipality, the application must be made to the
county auditor, and the auditor shall perform duties imposed by
sections 624.20 to 624.25 upon the clerk of the municipality.
When an application is made to the auditor, the county sheriff
shall perform the duties imposed on the fire chief of the
municipality by sections 624.20 to 624.25.
(d) After a permit has been granted, sales, possession, use
and distribution of fireworks for a display are lawful for that
purpose only. A permit is not transferable.
(e) The state fire marshal shall adopt and disseminate to
political subdivisions rules establishing guidelines on
fireworks display safety that are consistent with sections
624.20 to 624.25 and the most recent editions of the Minnesota
Uniform Fire Code and the National Fire Protection Association
Standards, to insure that fireworks displays are given safely.
In the guidelines, the state fire marshal shall allow political
subdivisions to exempt the use of relatively safe fireworks for
theatrical special effects, ceremonial occasions, and other
limited purposes, as determined by the state fire marshal.
Subd. 2. Operator certification requirements. (a) An
applicant to be a supervising operator of a fireworks display
shall meet the requirements of this subdivision before the
applicant is certified by the state fire marshal.
(b) An applicant must be at least 21 years old.
(c) An applicant must have completed a written examination,
administered or approved by the state fire marshal, and achieved
a passing score of at least 70 percent. The state fire marshal
must be satisfied that achieving a passing score on the
examination satisfactorily demonstrates the applicant's
knowledge of statutes, codes, and nationally recognized
standards concerning safe practices for the discharge and
display of fireworks.
(d) An applicant shall apply in writing to the state fire
marshal by completing and signing an application form provided
by the state fire marshal.
(e) An applicant shall submit evidence of experience, which
must include active participation as an assistant or operator in
the performance of at least five fireworks displays, at least
one of which must have occurred in the current or preceding year.
Subd. 3. Certification application; fee. An
applicant shall submit a completed initial application form
including references and evidence of experience and successful
completion of the written examination. Applicants shall pay a
certification fee of $100 to the state fire marshal division of
the department of public safety. The state fire marshal shall
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1
review the application and send to the applicant written
confirmation or denial of certification within 30 days of
receipt of the application. Certification is valid for a period
of four years from the date of issuance.
Subd. 4. Classification. When an applicant has met
the requirements of subdivisions 2 and 3, the state fire marshal
shall certify and classify the operator for supervising
proximate audience displays, including indoor fireworks
displays, for supervising traditional outdoor fireworks
displays, or for supervising both types of displays, based on
the operator's documented experience.
Subd. 5. Responsibilities of operator. The operator
is responsible for ensuring the fireworks display is organized
and operated in accordance with the state fire marshal's
guidelines described in subdivision 1.
Subd. 6. Reports. (a) The certified operator shall
submit a written report to the state fire marshal within ten
days following a fireworks display conducted by the operator if
any of the following occurred:
(1) an injury to any person resulting from the display of
fireworks;
(2) a fire or damage to property resulting from the display
of fireworks; or
(3) an unsafe or defective pyrotechnic product or equipment
was used or observed.
(b) The certified operator shall submit a written report to
the state fire marshal within 30 days following any other
fireworks displays supervised by the operator.
(c) The state fire marshal may require other information
from operators relating to fireworks displays.
Subd. 7. Operator certification'renewal. An
applicant shall submit a completed renewal application form
prepared and provided by the state fire marshal, which must
include at least the dates, locations, and authorities issuing
the permits for at least three fireworks displays participated
in or supervised by the applicant and conducted during the past
four years. An applicant shall pay a certification renewal fee
of $100 to the state fire marshal division of the department of
public safety. The state fire marshal shall review the
application and send to the applicant written confirmation or
denial of certification renewal within 30 days of receipt of the
application. Certification is valid for a period of four years
from the date of issuance.
Subd. 8. Suspension, revocation, or refusal to renew
certification. The state fire marshal may suspend, revoke, or
refuse to renew certification of an operator if the operator has:
(1) submitted a fraudulent application;
(2) caused or permitted a fire or safety hazard to exist or
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occur during the storage, transportation, handling, preparation,
or use of fireworks;
(3) conducted a display of fireworks without receipt of a
permit required by the state or a political subdivision;
(4) conducted a display of fireworks with assistants who
were not at least 18 years of age, properly instructed, and
continually supervised; or
(5) otherwise failed to comply with any federal or state
law or regulation, or the guidelines, relating to fireworks.
Subd. 9. Database. The commissioner of public safety
shall maintain a database of the information required under this
section for purposes of (1) law enforcement, (2) investigative
inquiries made under subdivision 1, and (3) the accumulation and
statistical,analysis of information relative to fireworks
displays.
HIST: 1941 c 125 s 3; 1973 c 123 art 5 s 7; 1985 c 248 s 70;
1986 c 444; 1995 c 226 art 4 s 23; 1997 c 187 art 1 s 23
==624.221
624.221 Exemptions for license or permit holder.
Sections 624.20, 624.21, and 624.23 to 624.25 do not apply
to:
(a) the holders of a federal explosives license or permit
issued pursuant to United States Code, title 18, chapter 40, or
their agents when the holder or agent is acting in compliance
with the conditions of licensure; or
(b) the holders of permits issued pursuant to section
624.22 or their agents, from the date of issuance until 20 days
after the date of exhibition authorized by the permit, when the
holder or agent is acting in compliance with the conditions of
the permit and section 624.22.
HIST: 1988 c 584 s 4
==624.23
624.23 Construction of sections 624.20 to 624.25.
Nothing in sections 624.20 to 624.25 shall be construed to
prohibit any resident wholesaler, dealer, or jobber, from
possessing or selling at wholesale fireworks which are not
prohibited; or the possession or sale of any kind of fireworks
for shipment directly out of the state; or the possession or use
of fireworks by airplanes and railroads, or other transportation
agencies for signal purposes or illumination; or the possession,
sale, or use of blank cartridges for a show or theater, or for
signal or ceremonial purposes in athletics or sports, or for use
by military organizations or for use as a bird or animal
repelling device.
HIST: 1941 c 125 s 4; 1971 c 710 s 1; 1988 c 584 s 5
==624.24
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1
linnesota Statutes 20U'l, 624.24
Minnesota Statutes 2002. Table of Chapters
-able of contents for Chapter 624
624.24 Officers may seize illegal fireworks.
The state fire marshal, or any sheriff, police officer,
constable, or local fire marshal, shall seize, take, remove, or
cause to be removed, at the expense of the owner, all stocks of
fireworks or combustibles offered or exposed for sale, stored,
or held in violation of sections 624.20 to 624.25.
HIST: 1941 c 125 s 5
Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota.
http://www.revisor.leg.state.nin.us/stats/624/24.htinl 6/3/2003
1lnnesoia maimes LvvL, bL4.1-3
Tinnesota Statutes 2002. Table of Chapters
'able of contents for Chapter 624
624.25 Violation.
Any person violating the provisions of sections 624._20 to
624.24 may be sentenced as follows:
(1) if the violation involves explosive fireworks in an
amount of 35 pounds gross container weight or more, to
imprisonment for not more than one year, or to payment of a fine
of not more than $3,000, or both;
(2) if the violation involves explosive fireworks in an
amount of less than 35 pounds gross container weight, to
imprisonment for not more than 90 days, or to payment of a fine
of not more than $700, or both; and
(3) if the violation involves any amount of fireworks other
than explosive fireworks, to imprisonment for not more than 90
days, or to payment of a fine of not more than $700, or both.
HIST: 1941 c 125 s 6; 1988 c 584 s 6
Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota.
~
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1
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74.1 Sec. 6. Minnesota Statutes 2002, section 624.20,
74.2 subdivision 1, is amended to read:
74.3 Subdivision 1. (a) As used in sections 624.20 to 624.25,
74.4 the term "fireworks" means any substance or combination of
.74.5 substances or article prepared for the purpose of producing a
.74.6 visible or an audible effect by combustion, explosion,
;74.7 deflagration, or detonation, and includes blank cartridges, toy
;74.8 cannons, and toy canes in which explosives are used, the type of
;74.9 balloons which require fire underneath to propel them,
174.10 firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs,
374.11 sparklers other than those specified in paragraph (c), or other
374.12 fireworks of like construction, and any fireworks containing any
374.1-3 explosive or inflammable compound, or any tablets or other
374.14 device containing any explosive substance and commonly used as
374.15 fireworks.
374.16 (b) The term "fireworks" shall not include toy pistols, toy
374.17 guns, in which paper caps containing 25/100 grains or less of
374.18 explosive compound are used and toy pistol caps which contain
374.19 less than 20/100 grains of explosive mixture.
374.20 (c) The term also does not include wire or wood sparklers
374.21 of not more than 100 grams of mixture per item, other sparkling
374.22 items which are nonexplosive and nonaerial and contain 75 grams
374.23 or less of chemical mixture per tube or a total of 200 grams or
374.24 less for multiple tubes, snakes and glow worms, smoke devices,
374.25 or trick noisemakers which include paper streamers, party
374.26 poppers, string poppers, snappers, and drop pops, each
374.27 consisting of not more than twenty-five hundredths grains of
374.28 explosive mixture. The use of items listed in this paragraph is
374.29 not permitted on public property. This paragraph does not
374.30 authorize the purchase of items listed in it by persons younger
374.31 than 18 years of age. The age of a purchaser of items listed in
374.32 this paragraph must be verified by photographic identification.
374.33 (d) A local unit of government may impose an annual license
374.34 fee for the retail sale of items authorized under paragraph
374.35 (c). The annual license fee of each retail seller that is in
374.36 the business of selling only the items authorized under
375.1 paragraph (c) may not exceed $350, and the annual license of
375.2 each other retail seller may not exceed $100. A local unit of
375.3 government may not:
375.4 (1_) impose any fee or charge, other than the fee authorized
375.5 by this paragraph, on the retail- sale of items authorized under
375.6 paragraph (c);
375.7 (2) prohibit or_restrict the display of items for permanent
375.8 or temporary retail sale authorized under paragraph (c) _that
375.9 comply with National Fire Protection Association Standard 1124
375.10 (2003 edition); or
375.11 (3) impose on a retail seller any financial guarantee
375.12 requirements, including bonding or insurance provisions,
375.13 containing restrictions or conditions not imposed o_n the same
375.14 basis on all other business licensees.
375.15 (EFFECTIVE DATE.) This section is effective the day
375.16 following final enactment.
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40.14 Sec. 28. Minnesota Statutes 2002, section 624.22,
40.15 subdivision 1, is amended to read:
40.16 Subdivision 1. (GENERAL REQUIREMENTS; PERMIT;
40.17 INVESTIGATION; FEE.) (a) Sections 624.20 to 624.25 do not
40.18 prohibit the supervised display of fireworks by a statutory or
40.19 home rule charter city, fair association, amusement park, or
40.20 other organization, except that:
40.21 (1) a fireworks display may be conducted only when
40.22 supervised by an operator certified by the state fire marshal;
40.23 and
40.24 (2) a fireworks display must either be given by a
40.25 municipality or fair association within its own limits, or by
40.26 any other organization, whether public or private, only after a
40.27 permit for the display has first been secured.
40.28 (b) An application for a permit for an outdoor fireworks
40.29 display must be made in writing to the municipal clerk at least
40.30 15 days in advance of the date of the display and must list the
40.31 name of an operator who is certified by the state fire marshal
40.32 and will supervise the display. The application must be
40.33 promptly referred to the chief of the fire department, who shall
40.34 make an investigation to determine whether the operator of the
40.35 display is competent and is certified by the state fire marshal,
40.36 and whether the display is of such a character and is to be so
41.1 located, discharged, or fired that it will not be- hazardous to
41.2 property or endanger any person. The fire chief shall report
41.3 the results of this investigation to the clerk. If the fire
41.4 chief reports that the operator is certified, that in the
41.5 chief's opinion the operator is competent, and that the
41.6 fireworks display as planned will conform to the safety
41.7 guidelines of the state fire marshal provided for in
41.8 paragraph -Eel- the clerk shall issue a permit for the
41.9 display when the applicant pays a permit fee.
41.10 (c) When the supervised outdoor fireworks display for which
41.11 a permit is sought is to be held outside the limits of an
41.12 incorporated municipality, the application must be made to the
41.13 county auditor, and the auditor shall perform duties imposed by
41.14 sections 624.20 to 624.25 upon the clerk of the municipality.
41.15 When an application is made to the auditor, the county sheriff
41.16 shall perform the duties imposed on the fire chief of the
41.17 municipality by sections 624.20 to 624.25.
41.18 (d) An a_pplic_ation for an indoor fireworks display_ Permit
41.19 must be made in writing to the state fire marshal by the
41.20 operator of the facility in which the display is to occur at
41.21 least 15 days in advance of the date of any performance, show,
41.22 or event which will _include _th_e discharge of fireworks inside a
41.23 building or structure. The application must list the name of an
41.24 operator who is certified by the state fire marshal and will
41.25 supervise the display. The state fire marshal shall make_ an
41.26 investigation to determine whether the operator of/the display
41.27 is competent and is properly certified and whether the display
41.28 is of such a character and is to be so located, discharged, or
41.29 fired that it will not be hazardous to property or endanger any
41.30 person. If the state fire marshal determines that the operator
41.31 is certified and competent, that the indoor fireworks display as
41.32 planned will conform to the safety guidelines provided for in
41.33 paragraph (f), and that adequate notice will be given to inform
41.34 patrons of the indoor fireworks display, the state fire marshal g S Z
41.35 shall issue a permit for the display when the applicant pays an
41.36 indoor fireworks fee of $150 and reimburses the fire marshal for t./1 2i
42.1 costs of inspection. Receipts from the indoor fireworks fee and 1 `l _{~7{1~`,~'`
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Yin LUVJ sps !si - -b- - - -
42.2 inspection reimbursements must be deposited in the general fund
42.3 as a nondedicated receipt. The state fire marshal may issue a
42.4 single permit for multiple indoor fireworks displays when all of
42.5 the displays are to take place at the same venue as part of a
42.6 series of performances by the same performer or group of
42.7 performers. A copy of the application must be promptly conveyed
42.8 to the chief of the local fire department, who shall make
42.9 appropriate preparations to ensure public safety in the vicinity
42.10 of the display. The operator of a facility where an indoor
42.11 fireworks display occurs must provide notice in a prominent
42.12 place as approved by the state fire marshal to inform patrons
42.13 attending a performance when indoor fireworks will be part of
42.14 tha_t_performance_. The state fire marshal may grant a local fire
42.15 chief the authority to issue permits for indoor fireworks
42.16 displays. Before issuing apermit, a 1_ocal -fire chief must make
42.17 the determinations required in this paragraph.
42.18 _Lej After a permit has been granted under ._either Qaragr~h
42.19 (b) or (d), sales, possession, use and distribution of fireworks
42.20 for a display are lawful for that purpose only. A permit is not
42.21 transferable.
42.22 4a- ) The state fire marshal shall adopt and disseminate
42.23 to political subdivisions rules establishing guidelines on
42.24 fireworks display safety that are consistent with sections
42.25 624.20 to 624.25 and the most recent editions of the Minnesota
42.26 Uniform Fire Code and the National Fire Protection Association
42.27 Standards, to insure that fireworks displays are given safely.
42.28 In the guidelines, the state. fire marshal shall allow political
42.29 subdivisions to exempt the use of relatively safe fireworks for
42.30 theatrical special effects, ceremonial occasions, and other
42.31 limited purposes, as determined by the state fire marshal.
42.32 (EFFECTIVE DATE.) This section is effective the day
42.33 following final enactment.
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Minnesota • Department of Public Safet
~w State Fire Marshal Division
444 Cedar Street, Suite 145, St. Paul, Minnesota 55101-5145
Phone: 651/215-0500 FAX: 651/215-0525 TTY: 651/282/6555
Internet: http://www.dps.state.mn.us.
FIREWORKS FACT SHEET
Alcohol & This fact sheet now includes changes to the fireworks laws made by
Gambling the Minnesota Legislature in both 2002 and 2003
Enforcement
Bureau of SECTION 1- INTRODUCTION
Criminal
Apprehension This fire safety sheet is based upon Minnesota Statute 624.20, which
capitol Security allows for the public sale, possession and use of a limited number of, but
not all, consumer fireworks. Its purpose is to provide uniform application
Crime Victim
Services of the 2003 Minnesota State Fire Code (MSFC) and Minnesota Statute
provisions.
Driver & Vehicle Services
More information is available from the State Fire Marshal Division by
Emergency calling 651-215-0500. E-mail questions to firecode@state.mn.us or visit
Management /
Emergency our web page at www.fire.state.mn.us for the latest information on fire in
Response Minnesota.
Commission
State Fire SECTION 2 - SUMMARY OF CHANGES TO MINNESOTA
Marshal/ FIREWORKS LAWS EFFECTIVE APRIL 30, 2002
Pipeline Safety
State Patrol 2.1 Legal and Illegal Fireworks within Minnesota
The sale, possession and use of some non-explosive and non-aerial
Traffic Safety consumer fireworks are now permitted in Minnesota effective April 30,
2002. Examples of items that are now permitted include sparklers, cones
and tubes that emit sparks, novelty items like snakes, and party poppers.
Please review the list of examples of legal and illegal fireworks.
These consumer fireworks may not be used on public property (i.e. parks,
'r '~"~''NES84 .A roads, alleys, schools, government property, etc.). Purchasers of these
fireworks must be at least eighteen (18) years of age and retailers need to
check photo identification. The sale, possession or use may occur
throughout the year.
Explosive and aerial fireworks are still prohibited for public sale,
possession and use in the State of Minnesota. Prohibited fireworks
include, but are not limited to, firecrackers, bottle rockets, missiles, roman
candles, mortars and shells.
Page 1 of 6
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SFMD Fact Sheet-INS-26
May 28, 2003
Page 2of6
2.2 Banned Fireworks by Federal Regulations (CFR; Part 1500.17)
In addition, the United States Consumer Products Safety Commission (CPSC) has
established a summary of banned fireworks within the United States. This list can be
found within Code of Federal Regulations (CFR) Section 1500.17. 16 CFR 1500.17
(a)(8) limits firecrackers and other ground devices to 50 mg. of pyrotechnic composition
(powder) designed to produce an audible effect. Firecrackers that exceed this limit,
including but not limited to, illegal devices such as `cherry bombs', `M-80's', `silver
salutes', and other large firecrackers are banned. Kits and components intended to
produce any banned device violates the federal regulations.
16 CFR 1500.17 (a)(3) limits aerial fireworks devices to 130 mg (2 grains) of pyrotechnic
composition intended to produce an audible effect. Aerial devices, which are devices that
are launched into the air then function, that have an audible effect larger than 130mg are
banned fireworks devices. Once again, kits and components intended to produce any
banned aerial device also violates federal regulations.
Other federal guidelines under Title 16, Part 1507 of the CFR:
1. Fuses must resist side ignition and must bum for at least 3 but not more than 9
seconds;
2. The fuse must support twice the weight of the device to which it is attached or
the weight plus eight (8) ounces, whichever is less;
3. The shortest dimension of the base of a fireworks device that stands upright
must be at least 1 /3 of the overall height of device or must pass a 12 degree tilt
test;
4. Devices must be sealed to prevent leakage of pyrotechnic material at any time;
5. Devices must not exhibit burnout or blowout;
6. Handles and spikes must be securely attached. Handles must be at least four
(4) inches long, and spikes must be at least two (2) inches long and have a
blunt tip;
7. Wheels must have drivers securely attached;
8. Toy smoke devices must not burst or produce excessive external flame during
operation;
9. Rockets must have sticks which are straight, rigid, and which remain securely
attached;
10. Party poppers must not have more than 0.25 grains of pyrotechnic
composition, nor have paper or plastic inserts which ignite during operation;
11. Fireworks must not contain the following chemicals: arsenic sulfide,
arsenates, arsenites, boron, chlorates, gallates, gallic, acid, magnesium,
mercury salts, phosphorous, picrates, picric acid, thiocyanates, titanium, or
zirconium (See 16 CFR § 1507.2 for exceptions);
12. Large multiple-tube mine and shell devices with any tube measuring 1.5
inches or more in inside diameter must not have a minimum tip angle of less
than 60 degrees.
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SFMD Fact Sheet-INS-26
May 28, 2003
Page 3 of 6
Additionally, some fireworks are banned if they look like candy, food, or other banned
fireworks devices. Dragon eggs which look like foil wrapped chocolate candy kisses,
cracker balls which look like breakfast cereal, and smoke devices like cherry bombs or
"M-80's" are banned fireworks devices.
2.3 Public Display Fireworks
The requirements outlined for "public" display fireworks remain unchanged. For further
information please review our web site for the fireworks operator display certification
requirements.
SECTION 3 - SUMMARY OF CHANGES MADE EFFECTIVE
MAY 28, 2003 RELATING TO LOCAL LICENSE FEES AND
RETAIL STANDS FOR CONSUMER FIREWORKS SALES
3.1 NFPA 1124 (2003 Edition)
Effective May 28, 2003, Minnesota Statute 624.20 was amended to include wording that
limits the license fees that local jurisdictions can charge for fireworks sales, and that local
jurisdictions cannot prohibit a retail stand that complies with National Fire Protection
Association (NFPA) Standard 1124 (2003 Edition). Local jurisdictions are not allowed
to adopt ordinances that are more restrictive than NFPA 1124 (03) in accordance with
Minnesota law.
SECTION 4 - FREQUENTLY ASKED QUESTIONS ON
ENFORCEMENT OF THE MSFC AS IT RELATES TO FIREWORKS
4.1 Frequently Asked Questions
Although a new law changes the definition of fireworks in Minn. Stat 624.20(c), it does
nothing to change enforcement of the Minnesota State Fire Code (MSFC) as it relates to
these legal consumer fireworks. As a service to the Minnesota Fire Service and the
general public, the State Fire Marshal Division has assembled this list of frequently asked
questions relating to fireworks and the MSFC. This analysis was done in response to a
request by the Minnesota State Fire Chief's Association.
Question 1- Are local jurisdictions allowed to adopt requirements that exceed the
fire code as it relates to fireworks?
Answer to question 1- No, due to the amendment to Minnesota Statute 624.20
in the 2003 legislative session, local jurisdictions must accept a retail stand that
can prove they comply with National Fire Protection Association Standard 1124
(2003 Edition).
Reference for question 1: Minnesota Statute 624.20:
This is contained in SF905 (Regular Session Bills), beginning on line 374.1
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SFMD Fact Sheet-INS-26
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Page 4 of 6
Sec. 6. Minnesota Statutes 2002, section 624.20, subdivision 1, is amended to
read: Subdivision 1. (a) As used in sections 624.20 to 624.25, the term
"fireworks" means any substance or combination of substances or article prepared
for the purpose of producing a visible or an audible effect by combustion,
explosion, deflagration, or detonation, and includes blank cartridges, toy cannons,
and toy canes in which explosives are used, the type of balloons which require
fire underneath to propel them, firecrackers, torpedoes, skyrockets, Roman
candles, daygo bombs, sparklers other than those specified in paragraph (c), or
other fireworks of like construction, and any fireworks containing any explosive
or inflammable compound, or any tablets or other device containing any explosive
substance and commonly used as fireworks. (b) The term "fireworks" shall not
include toy pistols, toy guns, in which paper caps containing 25/100 grains or less
of explosive compound are used and toy pistol caps which contain less than
20/100 grains of explosive mixture. (c) The term also does not include wire or
wood sparklers of not more than 100 grams of mixture per item, other sparkling
items which are nonexplosive and nonaerial and contain 75 grams or less of
chemical mixture per tube or a total of 200 grams or less for multiple tubes,
snakes and glow worms, smoke devices, or trick noisemakers which include paper
streamers, party poppers, string poppers, snappers, and drop pops, each consisting
of not more than twenty-five hundredths grains of explosive mixture. The use of
items listed in this paragraph is not permitted on public property. This paragraph
does not authorize the purchase of items listed in it by persons younger than 18
years of age. The age of a purchaser of items listed in this paragraph must be
verified by photographic identification. (d) A local unit of government may
impose an annual license fee for the retail sale of items authorized under
paragraph (c). The annual license fee of each retail seller that is in the business of
selling only the items authorized under paragraph (c) may not exceed $350 and
the annual license of each other retail seller may not exceed $100. A local unit of
government may not: (1) impose any fee or charge, other than the fee authorized
by this paragraph, on the retail sale of items authorized under paragraph (c);
prohibit or restrict the display of items for permanent or temnorary retail sale
authorized under paragraph (c) that comply with National Fire Protection
Association Standard 1124 (2003 edition), or (3) impose on a retail seller any
financial guarantee requirements, including bonding or insurance provisions,
containing restrictions or conditions not imposed on the same basis on all other
business licensees. [EFFECTIVE DATE.] This section is effective the day
following final enactment.
Question 2 - Can local jurisdictions require a permit for fireworks retail sale or
storage, just as they do for hazardous materials or high piled storage?
Answer to question 2 - Yes. The MSFC and Minnesota Statute currently allows
.for permits to be obtained for retail firework sales. Minnesota Statute 624.20 sets
the maximum permit charge for retail stands selling only fireworks to be capped
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SFMD Fact Sheet-INS-26
May 28, 2003
Page 5 of 6
at $350/year. For other retailers (i.e. Target, Wal-Mart, gas stations, etc.) that sell
retail fireworks, the maximum permit fee is capped at $100.
Reference for question 2: Minnesota Statute 624.20
Question 3 - Can a code official require additional fire protection systems in
addition to what is required by NFPA 1124 (03) in retail sales occupancies?
Answer to question 3: No, the way Minnesota law currently reads in state
statute, local jurisdictions must accept a retail stand that can prove they comply
with the requirements outlined in NFPA 1124 (2003 Edition).
Reference for question 3: Minnesota Statute 624.20
Question 4 - Can a code official limit smoking in retail sales buildings, warehouses
or tents containing fireworks?
Answer to question 4: Yes. No smoking shall be conducted within 50 feet of the
consumer fireworks retail area.
Reference for question 4: NFPA 1124 (03) Section 7.6.5.1
Questions 5 - Can a code official prevent fireworks from being sold in tents or road
side stands?
Answer to question 5: No. NFPA 1124 does not prohibit tents or roadside
stands. Once again, a code official cannot deny a permit to an applicant as long as
they can prove they comply with NFPA 1124 (03). However, they must comply
with all of the requirements within NFPA 1124 (03) for temporary stands.
Reference for question 5: NFPA 1124 (03) Section 7.7.2
Question 6 - Does Chapter 33 (Explosives and Fireworks) of the MSFC apply to the
manufacture, storage and transportation of fireworks?
Answer to question 6: Yes, Chapter 33 (Explosives and Fireworks) of the.
MSFC applies to possession, manufacture, storage, handling, sale and use of
explosives, explosive materials, disylay fireworks and small arms ammunition.
There are some exceptions listed under MSFC (03) Section 3301. 1, so please read
carefully.
Reference for question 6: MSFC (03) 3301.1.
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SFMD Fact Sheet-INS-26
May 28, 2003
Page 6 of 6
Questions 7 -Does the MSFC consider fireworks to be flammable solids and subject
them to the requirements for H occupancies when storing above the 125-pound limit
in Chapter 27?
Answer to question 7: No. Although this may appear to be a possible
enforcement option, the definitions in the MSFC for flammable solid do not
support such a determination. Also, the examples found in Appendix E, make no
mention of fireworks being a flammable solid. In summary, the State Fire
Marshal does not recommend using this reference in relation to consumer
fireworks.
Reference for question 7:
MSFC Definitions - FLAMMABLE SOLID- A solid, other than a blasting
agent or explosive, that is capable of causing fire through friction, absorption or
moisture, spontaneous chemical change, or retained heat from manufacturing or
processing, or which has an ignition temperature below 212T (100°C) or which
burns so vigorously and persistently when ignited as to create a serious hazard. A
chemical shall be considered a flammable solid as determined in accordance with
the test method of CPSC 16 CFR; Part 1500.44, if it ignites and bums with a self-
sustained flame a greater than 0.1 inch (2.5mm) per second along its major axis.
Appendix E
E102.1.4 Flammable solids. Examples Include:
1. Organic solids. Examples: camphor, cellulose nitrate and napthalene.
2. Inorganic solids. Examples: decaborane, lithium amide, phosphorous
heptasulfide, phosphorous sesquisulfide, potassium sulfide, anhydrous sodium
sulfide and sulfur.
3. Combustible metals (except dusts and powders). Examples: cesium,
magnesium and zirconium.
4. Combustible dusts and powders (including metals). Examples: wood sawdust,
plastics, coal, flour and powdered metals (few exceptions).
5. Combustible fibers.
Question 8 -Is the chief allowed to prohibit the use of fireworks in hazardous fire
areas?
Answer to question 8: Yes. The code official is authorized to prohibit the
discharge of fireworks within 300 feet from a consumer fireworks retail stand.
Reference for question 8: NFPA 1124 (03) Section 7.6.4
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