05/17/2005 - City Council Regular~,
AGENDA ;'
EAGAN CITY COUNCIL -REGULAR MEETING :
EAGAN MUNICIPAL CENTER BUILDING
May 17, 2005 '
6:30 P.M.
I. ROLL CALL & PLEDGE OF ALLEGIANCE
II. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess)
III. RECOGNITIONS & PRESENTATIONS
IV. CONSENT AGENDA
y) ~ A. APPROVE MINUTES
~p"" B. PERSONNEL ITEMS
/ p C. CHECK REGISTERS
~l D. RECEIVE assessment roll and schedule public hearing for Project 813, Central Pazkway Streetscaping
~ E. ACCEPT Relief Association donation to the Fire Department
~/~ F. APPROVE Temporary 3.2 Percent Malt liquor License for the Eagan Lions Club for the Fourth of July
r Celebration (July 2-4, 2005) and waive the $25 license fee
y~ 19 G. APPROVE Off-Sale 3.2 Percent Malt Liquor License for New-Mart, Inc., dba New-Mart, 1969 Silver Bell
//" Road
na~ H. APPROVE On-Sale Liquor and Sunday License for Eagan Jakes, Inc., dba Jake's City Grille, 1288
~" Promenade Place
na r I. APPROVE Final Plat -Dakota Ridge Best Western - A Final Plat to combine two lots into one located at
+~" 3450 Washington Drive in the NE '/, of Section 16.
~1 ~ J. APPROVE Final Plat -Camp Butwin - A Final Plat to combine three lots into one located in the SW '/, of
oU Section 35.
P asK. APPROVE Final Subdivision -Wings Addition - A Final Subdivision of 3.2 acres to create two lots located
at 3240 Denmark Avenue in the SW '/, of Section 10.
L. APPROVE extension for recording the Final Plat of Awad Addition -Ali Awad
~~ M. AUTHORIZE staff to approve necessary changes to the Cascade Bay pool repairs/restoration prior to
submitting them for individual Council approval
3 jj N. CONFIRM wetland delineations for three Nicols Ridge properties; Gonyea, Joos and Lachenmeyer
O. AUTHORIZE staff to pursue Requests for Quotations to identify costs associated with pursuing a potential
historic designation for Holz Farm
rJ3,~P. APPROVE Amended and Restated MVTA Joint Powers Agreement
r/~ ~ ~ Q. APPROVE Shows License for the July 4m Fun Fest and waive fee
u~. APPROVE Parade Permit for the July 4a' Parade and waive fee
~. PUBLIC HEARINGS
Y3 A. EASEMENT VACATION -Vacation of public drainage and utility easement, Hawthorne Ridge Addition
VI. OLD BUSINESS
A. PUBIC SAFETY RADIO SYSTEM -Consideration of participation in the Dakota County 800 MHz Public
Safety Radio System and Consolidated PSAP.
t B. PARK AND TRAIL DEDICATION -Reconsideration of park and trail dedication for Eagan Dental located
at Lot 1, Block 2, Lexington 2"d Addition in the SE '/. of Section 10.
~~C. FINAL PLAT - HALLEY'S 2ND ADDITION- A Final Plat to combine two lots (Lots 4 & 5, Block 1,
Halley's Addition into one lot and vacation of public drainage and utility easements located at 4861
Biscayne Avenue in the SE '/. of Section 36.
VII. NEW BUSINESS
A. COMPREHENSIVE GUIDE PLAN AMENDMENT -Paster Enterprises, LLC. A Comprehensive Guide
Plan Amendment of approximately 24 acres from Special Area-Office/Service to Special Area-
Commercial Retail located m the SE '/, of Section 9.
t ~ 1 B. INTERIM ORDINANCE -Consideration of an interim ordinance to create a moratorium in southeast
f Eagan (Red Pine Lane -Biscayne Avenue area) to allow land use and traffic circulation study.
VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
IX. ADMINISTRATIVE AGENDA
A. Comments by City Council, City Administrator, and Department Heads
~3$X. NEW RUNWAY/AIRPORT UPDATE
A. .APPROVE the hiring of a consulting firm to design and implement baseline noise measurements in
preparation for the opening of Runway 17/35 at the Minneapolis - St. Paul Airport.
XI. ECONOMIC DEVELOPMENT (there are no items at this time)
The Council acting as the Board of Commissioners of the Economic Development Authority
("EDA') may discuss and act on the agenda items for the EDA in conjunction with its actions as
a Council.
A. CALL TO ORDER
B. ADOPT AGENDA
C. APPROVE MINUTES
D. OLD BUSINESS
E. NEW BUSINESS
F. OTHER BUSINESS
G. ADJOURNMENT
XII. VISITORS TO BE HEARD (for those persons not on agenda)
XIII. CLOSED SESSION
XIV. 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.
City of Eagan bcmo
To: HONORABLE MAYOR & COUNCILMEMBERS
From: CITY ADMINISTRATOR HEDGES
Date: MAY 13, 2005
Subject: AGENDA INFORMATION FOR MAY 17, 2005 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the May 17, 2005 City Council agenda, the following items are in
order for consideration.
Agenda Information Memo
May 17, 2005 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 May 3, 2005 regular City Council meeting as presented or
modified.
ATTACHMENTS:
• Minutes o the May 3, 2005 regular City Council meeting are enclosed on pages
through ~.
a
MINUTES OF A REGULAR MEETING OF THE ~ R ~ C ^~°
EAGAN CITY COUNCIL , ` r f
Eagan, Minnesota
May 3, 2005
A Listening Session was held May 3, 2005 at 6:00 p.m. prior to the regular City Council meeting. One resident
expressed concern over loud music in her neighborhood and questioned if the City had an ordinance pertaining to
noise. Councilmembers stated that a noise ordinance had been adopted within the past couple of years. Chief of
Police Therkelsen met with the resident to discuss the matter further.
A regular meeting of the Eagan City Council was held on May 3, 2005 at 6:30 p.m. at the Eagan Municipal Center.
Present were Mayor Geagan, Councilmembers Fields, Tilley, Carlson and Maguire. Also present were City
Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public
Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary /Deputy Clerk Mira
Pepper.
AGENDA
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as presented.
Aye: 5 Nay:O
CONSENT AGENDA
A. Minutes. It was recommended to approve the minutes of the April 19, 2005 regular City Council meeting
and the Apri126, 2005 Special City Council meeting as presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Lisa Fritze and Melissa Otte as part-time guest
services representatives at the Community Center.
2. It was recommended to approve the hiring of Justin Albers, Jackie Carlson, Jenifer Culbertson,
Lindsey Dulin, Maggie Elliott, Nicole Farlee, Kristin Giles, Kalin Laurent, Travis Laurent,
Kathrine Maruish, Dana Mueller, Kelli Schlittler, Jennifer Sparks, Amber Stevenson and Stephanie
Westerlund as part-time seasonal recreation leaders.
3. It was recommended to approve the hiring of Erick Bertelsen, Kevin Blake, Steven Bringgold,
Melissa Boehmer, Stephanie Carll, Joe DeFrance, Katy Donndelinger, Lauren Donovan, Angela
Dooley, Laura Farlee, Luke Garrison, Allison Girres, Paul Hanninen, Andrew Johnson, Nicholas
Landauer, Kathryn Mustonen, Emily Pollock, Megahan Sparks, Matt Steele, Kevin Stevenson,
Aazon Strey, Aleecia Svien and Megan Williams as part-time seasonal recreations assistants.
4. It was recommended to approve the hiring of Meghan Chappuis and Christie Mason as part-time
seasonal recreation program assistants.
5. It was recommended to approve the hiring of John Reich as a summer supervisor at the Civic
Arena.
6. It was recommended to ratify the implementation of the new job description evaluation system
initiated in May 2004.
C. Check Re isters. It was recommended to ratify the check registers dated Apri121, 2005 and April 28, 200_'
as presented.
D. Official Site for Publications. It was recommended to declare the City of Eagan website as an additional
official site for agenda publications.
E. Trash Hauler License. It was recommended to approve a 2005 Trash Hauler License for All-Star Disposal,
Inc., 7845 East Boyd Court, Inver Grove Heights.
F. 2005 Tobacco License. It was recommended to approve a 2005 Tobacco License for James Tousignant to
sell tobacco products at Valley Lounge, 3385 Sibley Highway in Eagan subject to the following condition:
1. Issuance of the license shall be contingent on the applicant/property owner resolving illegal
outdoor storage of accumulated refuse that includes: a junk tractor stored on the east site of the
property and the following items in the wooded area on the west side of the property: a toilet, oil
drums, 55 gallon drums, 5 gallon buckets, wood refuse / ]umber, chair frame tarps, lids, paper
refuse, bottles, leaf bags, pallets, cinder blocks, satellite dish and other unidentifiable.
3
Eagan City Council Meeting Minutes
May 3, 2005
Page 2
®RA FT
G. Disposal of Obsolete Computer Equipment. It was recommended to approve the disposal of obsolete
computer equipment including monitors, computers and printers.
H. Joint Powers Cost Share Agreement. It was recommended to approve a Joint Powers Cost Share
Agreement for Pictometry International Corporation. General license terms and conditions subject to City
Attorney and City Administrator satisfaction.
I. Change Order #1,Contract OS-05. It was recommended to approve change order #1 to Contract OS-O5,
Cascade Bay Pool Repairs for $34,695.
J. Polic Changes -Community Center. It was recommended to approve the following policy changes to the
Eagan Community Center as recommended by the Operations Committee:
1. Allow individual personal beverages to be brought into the building but continue with policy of no
outside food.
2. Allow City sponsored programs/groups to purchase and pick-up food from one of the predefined
providers. This will provide a more efficient use of staff time and eliminate the need for internal
tracking and transfer of dollars.
3. No longer offer courtesy cups of water in concessions.
4. Children under the age of 16 shall be charged admission to the Blast. Sixteen and over are treated
as adults and get in free.
5. Children over 18 months shall be charged admission to the Blast. Under 18 months are free.
6. The Eagan Seniors can purchase and install a computer in the Lone Oak Room at their expense and
under the guidelines outlined by the City of Eagan.
7. All flexibility of rental rates by developing a prime time and non-prime time rate structure. This
will allow the Rental Coordinator and Manager the flexibility of renting less desired times in order
to keep space rented.
8. Allow banquet reservations for residents to be made 24 months in advance with the condition that
they will be charged the rate in effect at the time of the reserved date. Non-residents can make
reservations 21 months in advance.
K. 2005 Tobacco License. It was recommended to approve a 2005 Tobacco License for Charles Jacobs to sell
tobacco products at New-mart, Inc., 1969 Silver Bell Road.
L. 2005 Parks Capital Improvement Plan. It was recommended to adopt the 2005 Parks Capital Improvement
Plan.
M. Mutual Police Assistance Agreement. It was recommended to approve a Mutual Police Assistance
Agreement for enforcement of traffic safety laws.
N. Purchase and identi funding source for replacement of mobile command vehicle. It was recommended to
approve the replacement of the Mobile Command Vehicle and identify the funding source.
O. Contract 03-09, Change Order #12. It was recommended to approve Change Order #12 to Contract 03-09
(Water Treatment Plan Expansion) and authorize the Mayor and City Clerk to execute al] related
documents.
Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the consent agenda as
presented. Aye: 5 Nay: 0
PUBLIC HEARINGS
HALLEY'S FIRST ADDITION -EASEMENT VACATION
City Administrator Hedges introduced this item regarding the vacation of public drainage and utility easements
within Lots 4 and 5, Block 1, Halley's First Addition. He stated that staff is recommending that action be continued
until consideration of the Final Plat of Halley's 2"d Addition. Public Works Director Colbert explained the history
and purpose of the request.
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned
discussion back to the Council.
Councilmembers referenced previous discussion of this area at their retreat in January and agreed that additional
information regarding plans for this general area of the City need to be considered and discussed.
Eagan City Council Meeting Minutes
May 3, 2005
Page 3
~RAFr
Councilmember Tilley moved, Councilmember Maguire seconded a motion to continue consideration of vacating the
public drainage and utility easements within Lots 4 and 5, Block 1, Halley's First Addition to be concurrent with the
Final Plat approval of Halley's 2nd Addition. Aye: 4 Nay: 1 (Fields opposed)
CERTIFICATION OF DELINQUENT FALSE ALARM BILLS
City Administrator Hedges introduced this item regarding the final assessment roll for delinquent false alarm bills.
He stated there are currently five delinquent bills with an assessable amount of $675.00.
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned
discussion back to the Council.
Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the final assessment roll for
delinquent false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0
CERTIFICATION OF DELINQUENT UTILITY BILLS
City Administrator Hedges introduced this item regarding the final assessment roll for delinquent utility bills. He
stated the assessable amount is $60,465.44.
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned
discussion back to the Council.
Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the final assessment roll for
delinquent utility bills and authorize its certification to Dakota County. Aye: 5 Nay: 0
OLD BUSINESS
ORDINANCE TERMINATING THE MORATORIUM RESTRICTING THE ISSUANCE OF OFF-SALE
LIQUOR LICENSES ESTABLISHED BY ORDINANCE N0.383, INTERIM USE: ALCOHOLIC
BEVERAGES LICENSING STUDY
City Administrator Hedges introduced this item regarding the termination of the moratorium restricting the issuance
of off-sale liquor licenses. An Interim Use Ordinance was adopted by the City Council on October 19, 2004 to allow
Council the opportunity to determine what, if any, additional restrictions/criteria should be imposed in the area of
off-sale liquor licensing and regulation. Review of information provided by staff following a survey of other
metropolitan cities' and input from current off-sale liquor license holders was held at previous Council workshops.
Councilmember Carlson moved, Councilmember Fields seconded a motion to adopt an ordinance terminating the
moratorium restricting the issuance of off-sale liquor licenses established by Ordinance No. 383, Interim Use:
Alcoholic Beverages Licensing Study. Aye: 5 Nay: 0
NEW BUSINESS
APPOINTMENTS TO CEDAR CORRIDOR TRANSPORTATION INFRASTRUCTURE IMPROVEMENT
GROUP AND TECHNICAL ADVISORY COMMITTEE
City Administrator Hedges discussed the request for appointments to the Cedar Corridor Transportation
Infrastructure Improvement Group and the Cedar Corridor Technical Advisory Committee.
Staff was directed to obtain information from the MVTA in regard to their representation on the Cedar Corridor
Group. Further discussion of this item will be held at the May 10, 2005 Special City Council meeting.
S
Eagan City Council Meeting Minutes
May 3, 2005
Page 4
CONDITIONAL USE PERMIT
SCHWAN'S HOME DELIVERY
~RAFr
City Administrator Hedges introduced this item regarding a request for a conditional use permit to allow outdoor
storage of up to 70 home delivery trucks, and a request for a conditional use permit to allow a 18,000 gallon LP tank
on the north side of the lot for property located at 3707 Kennebec Drive. City Planner Ridley gave a staff report.
Craig Patterson, representing OPUS, discussed the proposed screening of the area where delivery trucks will be
parked.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to
allow outdoor storage of up to 70 home delivery trucks on property located at 3707 Kennebec Drive Lot 2, Block 1,
Cedar Bluff Business Center; subject to the following conditions: Aye: 5 Nay: 0
1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of
approval and proof of its recording be provided to the City.
2. The storage of the home delivery trucks shall be located in the 32 designated parking stalls at the north
end of the building; if additional trucks are stored they shall be parked along the west or east end of the
site in designated parking stalls that are screened by a building.
3. There shall be no parking of delivery trucks between the building an Kennebec Drive.
4. Deciduous trees shall be planted around the existing pond for water cooling effects.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to
allow a 18,000 gallon LP tank on the north side of the lot for property located at 3707 Kennebec Drive Lot 2, Block
1, Cedar Bluff Business Center; subject to the following conditions: Aye: 5 Nay: 0
1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of
approval and proof of its recording be provided to the City.
2. Storage of the LP tank shall meet all Fire Code requirements.
CONDITIONAL USE PERMIT AND VARIANCES
MCDONALDS -1995 SILVER BELL ROAD
City Administrator Hedges introduced this item regarding a request for a conditional use permit to rebuild a Class II
restaurant with drive-through service; a variance of 5.75 feet to the minimum 24 foot structure height; and a variance
of 19 stalls to the minimum required number of 67 parking stalls, on property located at 1995 Silver Bell Road. City
Planner Ridley gave a staffreport.
Tom Butler, franchise owner of the McDonalds restaurant, discussed the plans for the new building, including
outdoor seating, exterior materials and interior design.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to
rebuild a Class II restaurant with drive-through service, on property located at 1995 Silver Bell Road in the S W '/< of
Section 17, subject to the following conditions: Aye: 5 Nay: 0
This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City
Council.
The property shall be platted prior to issuance of a building permit.
The site plan shall be adjusted to create the required 20-foot minimum parking setback on the southwest
corner of the site.
The one-way drive aisle on the northeast side of the site shall provide a minimum of 35.5 feet between
perimeter curb and outside order lane curb.
All grading, utilities and storm drainage issues will be addressed at the time of building permit application.
6
Eagan City Council Meeting Minutes
May 3, 2005
Page 5
CRAFT
6. The property owner shall sign a waiver agreement, in a form acceptable to the City Attorney, waiving their
right to object to or appeal the assessments under City Project No. 800R -Cedar Grove Access
Modifications.
7. In an effort to increase survival chances of the two specimen bur oak trees:
a. The five parking spaces on the west end of the site near the south tree shall be eliminated.
b. One parking space nearest to the north tree shall be eliminated.
c. Structural fill type of soil shall be utilized to minimize critical root zone soil compaction to allow for the
construction of compacted roadways while preserving anon-compacted tree root area.
d. The applicant shall contract with a certified tree arborist to prepare a tree survival plan to ensure the
survival of both trees. Actions recommended by this arborist may include fertilization, root aeration,
growth stimulator injection, and/or therapeutic pruning, etc.) Such a tree survival plan should be
submitted to the City Forester for review prior to issuance of a building permit, or commencement of
construction activity on the site, including demolition or grading activity.
8. A revised landscape plan should be submitted prior to release of the CUP for recording. This revised plan
shall show the following:
a. Additional landscaping to achieve the 10% of total land area around the perimeter of private parking and
driveway areas shall be landscaped, especially on the Cedar Grove Parkway, Hwy. 13, and Silver Bell
Center sides.
b. Automatic irrigation shall be provided, and noted on the landscape plan.
c. Additional landscape elements shall be provided on the northwest and northeast sides of the property to
screen the drive-through lane and parking lot from Hwy. 13. Such landscaping shall be 3'-4' in height
and incorporate both deciduous and evergreen materials to achieve 75% opacity at maturity
d. At least one shade tree shall be added to the landscaped parking ]ot island.
e. Additional overstory trees shall be provided to achieve the standard of one overstory tree for each 25
feet of landscaped area where parking abuts the street, and one for every 500 sq. ft. of landscaped area
on the entire site.
f. The landscape plan shall be revised to include the required information (size of plant materials, root
conditions, botanical names, root conditions, irrigation and grading contours) as well as modifications
outlined in the staff report, before the Conditional Use Permit is released for recording.
9. Pole-mounted site lighting shall not exceed 20 feet in height. All lights shall be shielded and downcast to
minimize glare. Light levels shall not exceed 0.5 footcandles at the property line. Within the parking lot,
light levels shall not be less than 0.5 footcandles in all locations.
10. Awnings and canopies shall be of a color that is complementary to the brick and Dryvit materials.
11. The monument sign shall comply with the CGD zoning district standards for freestanding signs.
12. All signage shall comply with the City Sign Code. The number of building signs is limited to three signs on
two elevations, and directional signs may not exceed six square feet in area.
13. Each drive-through order lane may have one menu board; the merchandiser signs•shall not be allowed.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance to the maximum 10
foot structure setback for property located at 1995 Silver Bell Road. Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance of 5.75 feet to the
minimum 24-foot structure height. Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance of 19 stalls to the
minimum required number of 67 parking stalls on property located at 1995 Silver Bell Road. Aye: 5 Nay: 0
DISPOSAL OF CITY PROPERTY -CITY OF EAGAN
City Administrator Hedges introduced this item regarding the transfer of city properly within the Nicols Fen to the
Department of Natural Resources. City Planner Ridley gave a staff report.
Councilmember Fields moved, Councilmember Tilley seconded a motion to transfer city parcel (PIN 10-01800-010-
53) within the Nicols Fen to the Department of Natural Resources. Aye: 5 Nay: 0
Eagan City Counci] Meeting Minutes
May 3, 2005
Page 6
ADMINISTRATIVE AGENDA
SCHEDULING OF SPECIAL CITY COUNCIL MEETINGS
Discussion was held regarding the need for additional special City Council meetings.
RAFT
Councilmember Fields moved, Councilmember Tilley seconded a motion to schedule a Special City Council Retreat
on Tuesday May 24, 2005 at 5:30 p.m. and schedule a Special City Council meeting on Tuesday, May 31 at 5:30
p.m. Aye: 5 Nay:0
CORRESPONDENCE -MAC /CONTOUR MAP
Discussion was held regarding a letter to the Metropolitan Airports Commission requesting a map that demonstrates
the projected DNL contours beyond the 60 DNL.
Councilmember Fields moved, Councilmember Tilley seconded a motion to direct staff to send correspondence to
the MAC with a request for a map that demonstrates the projected DNL contours beyond the 60 DNL.
Aye: S Nay: O
REDEVELOPMENT DISTRICT UPDATE
Community Development Director Hohenstein provided an update regarding the City's redevelopment districts.
NEW RUNWAY /AIRPORT UPDATE
Assistant to the City Administrator Miller provided a written new runway/airport update.
Councilmember Fields moved, Councilmember Tilley seconded a motion to recess the regular City Council meeting
at 7:45 p.m. and immediately convene a meeting of the Economic Development Authority.
The regular City Council meeting was reconvened at 7:50 p.m.
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to adjourn the regular City Council
meeting at 7:50 p.m. Aye: 5 Nay: 0
Date Administrative Secretary /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.
8
Agenda Information Memo
May 17, 2005 Eagan City Council Meeting
B. PERSONNEL ITEMS
Item 1. Crime Prevention Specialist--
ACTION TO BE CONSIDERED:
To approve the hiring of Jill Ondrey as Crime Prevention Specialist in the Police Department.
Item 2. Part-time Seasonal Recreation Guest Relations Workers/Cascade Bay--
ACTION TO BE CONSIDERED:
To approve hiring of Abbey Adamus, Kayla Csargo, Albert Everling, Trevor Flaten, Heather
Jensen, Mitchell Johnson, Kaelyn Matteson, Erin McDermott, Audrey Rehwaldt, Kristi Swift,
Harith Walli and Jackie Wright aspart-time seasonal Guest Relations Workers at Cascade Bay.
Item 3. Part-time Seasonal Pool Attendants/Cascade Bay--
ACTION TO BE CONSIDERED:
To approve hiring of Kelsey A11en, Sean Bjordal, Aly Cooper, Nathan Fowler, Emily Graham,
Corey Hiben, Kristen Manias and Alexis aspart-time seasonal pool attendants at Cascade Bay.
Item 4. Part-time Seasonal LifeguardslCascade Bay--
ACTION TO BE CONSIDERED:
To approve hiring of Derek Jahn, Amanda Monn, Kristin O'Brien, Jackie Rose, Joni Tobin and
Sara Towle aspart-time seasonal lifeguards at Cascade Bay.
Item 5. Part-time Seasonal Maintenance Worker/Cascade Bay--
ACTION TO BE CONSIDERED:
To approve hiring of Joseph Morrison as apart-time seasonal maintenance worker at Cascade
Bay.
Item 6. Seasonal Water Resources Assistant--
ACTION TO BE CONSIDERED:
To approve hiring of Matt Janquart as a seasonal Water Resources Assistant.
9
Agenda Information Memo
May 17, 2005 Eagan City Council Meeting
C. RATIFY CHECK REGISTERS
ACTION TO BE CONSIDERED:
To ratify the check registers dated May 5, 2005 and May 12, 2005 as presented.
ATTACHMENTS:
• Check registers dated May 5, 2005 and May 12, 2005 are enclosed without page number.
/D
Agenda Information Memo
May 17, 2005
D. PROJECT 813. CENTRAL PARKWAY - STREETSCAPING
FINAL ASSESSMENT ROLL
ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 813
(Central Parkway - Streetscaping Improvements) and schedule a public hearing to be
held on June 21, 2005.
FACTS:
• Project 813 provided for the installation of streetscaping elements, including
boulevard and median landscaping, street and pedestrian way lighting, entrance and
linear monumentation, etc., along Central Parkway as outlined and discussed in the
feasibility report.
• This project, constructed under Contract 02-17, has been completed, all costs
tabulated and the final assessment roll prepared. The assessments are either based
upon a preliminary appraisal or have been agreed to as part of the development
agreement for the Eagan Preserve (Argosy and Duke Realty).
• This roll is now being presented to the Council for their consideration of scheduling a
public hearing to formally present the final costs to be levied against the benefited
properties.
ATTACHMENTS:
• Final Assessment Roll Summary Sheet, pages ~~ & ~.
/~
FINAL ASSESSMENT HEARING
PROJECT HEARING DATES
NUMBER - Pr~ect 813 ASSESSMENT - June 21, 2005
NAME - Central Parkway IMPROVEMENT- Mav 7, 2002
Streetscape Improvements
IMPROVEMENTS INSTALLED AND/OR ASSESSED
F.R =Feasiblity Report
FINAL F.R. FINAL F.R ~.
RATE RATE UNITS RATF. 1zATE i 11ViTS
SANITARY STORM SEWER
SEWER
^ Trunk ® Trunk
^ Lateral
^ Service
^ Lat. Benefit/tnank
WATER STREET
^ Trunk ^ Crravel Base
® Lateral H Centra# Parkway L_F.
Streetscape
^ Service PF & CI $219.59 $174.29 /F.F.
^ CI-Appraisal .07 /Sa Ft
^ Lat. Benefit/trunk
^ WAC ^ C/I Equiv.
^ Trail/Sidewalk
OTHER STREET LIGHTS
Completion
^ Installation
^ Energy Char e
CONTRaC'T NO.OF INTEREST AMOUNT CITY
NU. PARCELS TERMS RATE ASSESSED FINANCED
$1,006,000 F.R. F.R.
02-17 5 15 Years 4.50% $789,413.31 $478,049.61
COMMENTS:
/~2
Combined Assessment Roll
SA NBR 1OP813
PID ADDITION NAME
10-22408-010-01 EAGAN CENTRAL PARK
10-22471-010-01 EAGAN PRESERVE
10-22471-010-02 EAGAN PRESERVE
10-79951-010-01 UNISYS PARK 2ND ADD
10-79951-028-01 UNISYS PARK 2ND ADD
Summary for 'SA NBR' = 10P813 (5 detail records)
Sum
Wednesday, May 11, 2005 /~
Estimated
Overlay Total Assessment Variance
$283,271.10 $283,271.10 $226,680.00 ($56,591.10)
$245,325.95 $245,325.95 $196,315.00 (549,010.95)
$105,139.69 $105,139.69 $84,135.00 ($21,004.E9)'
$152,779.83 $152,779.83 $498,870.D0 $346,090.17
$2,896.74 $2,896.74 50.7D`_,, _ ($2,896.74)
$789,413.31 $789,413 31 $1,D06,Of?000 $216,586.69
Page 1 ojl
Agenda Information Memo
May 17, 2005 Eagan City Council Meeting
E. ACCEPT RELIEF ASSOCIATION DONATION TO THE FIRE DEPARTMENT
ACTION TO BE CONSIDERED:
To approve a resolution accepting a donation from the Relief Association to the Fire Department.
Information regarding this item will be included in the Additional Information packet on
Monday.
~~
Agenda Information Memo
May 17, 2005, Eagan City Council Meeting
F. APPROVE TEMPORARY 3.2 PERCENT MALT LIQUOR LICENSE FOR THE
EAGAN LIONS CLUB FOR THE FOURTH OF JULY CELEBRATION
(JULY 2-4, 2005) AND WAIVE THE $25 LICENSE FEE
ACTIONS TO BE CONSIDERED:
To approve the temporary 3.2 percent malt liquor license for the Eagan Lions Club for the Fourth
of July celebration (July 2-4, 2005) and waive the $25 license fee.
FACTS:
- The Eagan Lions Club has requested a temporary malt liquor license be issued to them for
the Fourth of July celebration, July 2-4, 2005.
- The application form has been submitted and deemed in order by staff. The Eagan Lions
Club is requesting that the $25.00 license fee be waived.
ATTACHMENTS (3):
Letters and site plan from Lion's Club enclosed on pages ~~ through
/S
05/03/2005 10:52 9524696844
EAGAN LIONS CLUB
Apri126, 2005
To The City of Eagan
Rc: Temporary Beer License
We have reviewed the new ordinance and will make aTl attempts to comply with rt Attached is a site plan
where our beer teat will be located.
PAGE 04
The Eagan Lions Club at 4°~ of July will have a tent at the FunFest in Eagan Central Park where the beer
will be served.
Site plan is attach our tent i~ #~. We will have 2/3 of the tent the (Lions Lioness and Knights of Columbus)
will have the rest
We will partition our part oti'the tent with Police tape and have signs that state no beer out of She area
We will have members chec9cing all persons that come in to our area all of our members have been though
training- r c e<.Idng ID for!our msitrance Co. - "
Atl people that Dome in to oitr tent that are 21 vnll have a wristband but on by a member. We will have
signs posted notifying the ptlbiic that sales to and consumption of alcoholic beverages by persons under the
age of 21 or to 1>etsons intoxicated is prohibited.
We wip have on-site managbr at all times we arc open.
ank You
~~
F.A LTON:; CLUB
JE X 1VIARKO
/6
05/03/2005 10:52 9524696844 PAGE 03
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05/03/2005 10:52 9524696844
EAGAN LIONS CLUB
April 2H, 2005
The Eagan Lions Club would 1'ko to request that the city waive the $25.00 Fee for the Liquor License for
the 4'h of July.
ank Y u I'
~~~/
JE MARKO
PAGE 05
/8
Agenda Information Memo
May 17, 2005, Eagan City Council Meeting
G. APPROVE OFF-SALE 3.2 PERCENT MALT LIQUOR LICENSE FOR NEW-
MART, INC. DBA NEW-MART, 1969 SILVER BELL ROAD
ACTION TO BE CONSIDERED:
To approve the off-sale 3.2 percent malt liquor license for New-Mart, Inc. dba New-Mart, 1969
Silver Bell Road.
FACTS:
- The new owners of New-Mart, Inc. (formerly McG's), Charles and Sarah Jacobs, have
applied for anoff--sale 3.2 percent malt liquor license with the City of Eagan.
- The required documents have been submitted, reviewed and deemed in order by City staff
and the Police Department. No reason was found to deny the applicant the off-sale 3.2
percent malt liquor license.
ATTACHMENTS (0):
/9
Agenda Information Memo
May 17, 2005, Eagan City Council Meeting
H. APPROVE ON-SALE LIQUOR AND SUNDAY LICENSE FOR EAGAN JAKES,
INC. DBA JAKE'S CITY GRILLE, 1288 PROMENADE PLACE
ACTION TO BE CONSIDERED:
To approve the on-sale liquor and Sunday license for Eagan Jakes, Inc. dba Jake's City Grille,
1288 Promenade Place.
FACTS:
- The new owners of Eagan Jakes, Inc. Rob and Tony Jacob, have applied for an on-sale
liquor and Sunday license with the City of Eagan. The restaurant will be located in the
building that formerly housed Stuart Anderson's Cattle Company.
- The owners of Jake's City Grille also own Nye's Polonaise Room in Minneapolis, Epic
Restaurant in Eden Prairie, and Jake's Sports Cafe in Plymouth, New Brighton, Crystal, and
Mounds View.
- A building permit application has been received that call for the property to undergo
extensive renovation. The establishment is scheduled to open September 2005. The
owners have indicated that the menu and decor will be casual upscale and is intended to
complement Houlihan's and Don Pablo's, the other two restaurants that share the patio and
plaza at the Promenade.
- The required documents have been submitted, reviewed and deemed in order by City staff
and the Police Department. No reason was found to deny the on-sale liquor and Sunday
license.
ATTACHMENTS (0):
ao
Agenda Information Memo
May 17, 2005 City Council
I. FINAL PLAT (DAKOTA RIDGE BEST WESTERN) -DAKOTA
RIDGE, LLC
ACTION TO BE CONSIDERED:
To approve a Final Plat (Dakota Ridge Best Western) to create one lot on approximately 3.1
acres located at 3450 Washington Drive in the NE '/4 of Section 16.
REQUIRED VOTES FOR APPROVAL: Majority of Councilmembers present
FACTS:
This final plat combines two parcels into one, and is platted along existing boundaries.
- The site contains the existing Best Western hotel.
- An amendment to the Planned Development for remodeling of the building, approved by the
City in February 2005, required replatting of the property into a single lot.
ATTACHMENTS (1):
Final Plat, pag~
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Agenda Information Memo
May 17, 2005 City Council
J. FINAL PLAT (CAMP BUTWIN) -JEWISH COMMUNITY CENTER
ACTION TO BE CONSIDERED:
To approve a Final Plat (Camp Butwin) to create one lot on approximately 84 acres located off
120`h Street in the SW '/4 of Section 35.
REQUIRED VOTES FOR APPROVAL: Majority of Councilmembers present
FACTS:
- This final plat combines three unplatted parcels into a single platted lot.
- The site contains the existing Camp Butwin day camp, which is owned and operated by the
Jewish Community Center of St. Paul.
- In September of 2004, the City approved a Final Planned Development and Master Plan for
new buildings and future improvements to the camp. One of the conditions of the Final PD
approval was the platting of the property into a single parcel.
- The final plat must be completed prior to issuance of a Certificate of Occupancy for the new
lodge and retreat center which was recently constructed.
ATTACHMENTS (1):
Final Plat, page
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Agenda Information Memo
May 17, 2005 Eagan City Council
K. FINAL SUBDIVISION (WINGS ADDITION) -WINGS FINANCIAL
FEDERAL CREDIT UNION
ACTION TO BE CONSIDERED:
To approve a Final Subdivision, Wings Addition, to create two lots on approximately 3.3 acres
located at 3240 Denmark Avenue in the SE 1/4 of Section 10.
REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present
FACTS:
- The Preliminary Subdivision was approved January 18, 2005.
- All documents and Agreements are anticipated to be signed and in order for execution at the
regular meeting of the City Council.
ATTACHMEN S (1):
Final Plat, page
as
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Agenda Information Memo
May 17, 2005 Eagan City Council
L. EXTENSION FOR RECORDING FINAL PLAT (AWAD ADDITIONI -ALI
AWAD.
ACTION TO'BE CONSIDERED:
To approve (OR deny) an extension of 60 days to record the Final Plat for Awad Addition,
located at 2150 James Street in the in the SW'/4 of Section 31.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
- The City Council initially approved the Final Plat on March 15, 2004. The plat is required to
be recorded within 60 days of approval.
- The applicant requested an extension, on May 10, 2005, to record the final plat. The
recording deadline is May 15, 2005.
- The request for extension was not date specific typically extensions are granted for up to 60
days.
ATTACHMENTS (1):
Letter from Ali Awad on page~~
a~
May 9, 2005
Julie Strid
Planning Department
City of Eagan
Eagan, MN 55121
Dear Julie,
We are requesting an extension for the finalization of our subdivision project located at
2150 James Street in Eagan. Attached please find our $75 extension fee. We anticipate
completing the process sometime next week (but our deadline is this Friday).
Thank you for your help.
~~ ~~
Ali and Debbie Awad
2150 James Street
Eagan, MN 55122
651 /707-0015
Ali ce11612/282-3161
~~
Agenda Memo
May 17, 2005 Regular City Council Meeting
CONSENT AGENDA
M. AUTHORIZE staff to approve necessarychanges to the Cascade BaYpool repairs/restoration
proiect prior to submitting them for individual Council approval.
ACTION TO BE CONSIDERED:
To authorize staff to approve the necessary field changes required for the Cascade
Bay repairs/restoration project prior to their official submission for Council
approval.
FACTS:
^ The repair and restoration of Cascade Bay has been underway for several weeks.
^ As the contractors have been progressing they have discovered additional issues
that require the consulting engineer to review and provide direction for repair.
After the engineer provides direction for a repair, the contractor then needs to
submit a cost to complete the work, which is then acted upon by the City
Council.
• As more repair work is identified more time is lost waiting through the approval
process.
Allowing staff to respond to necessary changes in the field will help to keep the
work moving forward as expeditiously as possible.
ATTACHMENTS:
• None
~9
Agenda Memo
May 17, 2005 Regular City Council Meeting
CONSENT AGENDA
N. CONFIRM wetland delineation for three (3) Nicols Ridge properties; Gonyea, Joos and
Lachenmeyer.
ACTION TO BE CONSIDERED:
To confirm the wetland delineation reports submitted for Nicols Ridge's Gonyea,
Joos and Lachenmeyer parcels.
FACTS:
^ The wetland consultant has specifically requested formal concurrence on
delineation reports that indicated no wetlands on each of these three parcels.
^ This would be a formal endorsement of Water Resources staff's concurrence of
consultant's findings.
ATTACHMENTS:
• None
.30
Agenda Memo
May 17, 2005 Regular City Council Meeting
CONSENT AGENDA
O. AUTHORIZE staff to pursue Requests for Ouotations to identify costs associated with
pursuing a potential historic designation for Holz Farm.
ACTION TO BE CONSIDERED:
To authorize staff to pursue Requests for Quotations to identify costs associated
with pursuing a potential historic designation for Holz Farm.
FACTS:
• In concert with the Friends of the Farm, The APrC has expressed an interest in pursuing
the potential historic designation for Holz Farm.
• A preliminary review for eligibility on the National Register of Historic Places conducted
by the Minnesota Historical Society determined that the Holz Farm property is eligible for
nomination.
• Making an official application is very technical. It is recommended that the application be
completed utilizing consultant services that are experienced with this process and have
the technical capabilities the process requires.
• Once the cost implications are identified, the City Council will be in a better position to
move this proposal forward or to seek other alternatives.
ATTACHMENTS:
• None
3/
Agenda Information Memo
May 17, 2005, Eagan City Council Meeting
P. APPROVE AMENDED AND RESTATED MVTA JOINT
POWERS AGREEMENT
ACTION TO BE CONSIDERED:
To approve the amended and restated MVTA Joint Powers Agreement.
FACTS:
- The MVTA Board recently passed a resolution approving an amendment to the
Joint Powers Agreement (JPA) to delete the term limit of four years for the At
Large Commissioner and the At Large Alternate.
- The MVTA's general counsel has drafted the necessary changes and member
cities are now being asked to approve and execute the amended and restated
JPA.
- The City Attorney has reviewed the document has no concerns with the changes
from a legal standpoint.
ATTACHMENTS (2):
- Enclosed on page ~ is a copy of the MVTA Attorney's cover letter
explaining the request for action.
- Enclosed on pages ~ through ~ is a copy (without the signature
pages) of the Amended and Restated MVTA Joint Powers Agreement
Establishing the Minnesota Valley Transit Authority.
3~
BEST & FLANAGAN LLP
ATTORNEYS AT LAW
225 South Sixth Street, Suite 4000
Minneapolis, Minnesota 55402-4690
Telephone 612 339 7121
Facsimile 612 339 5897
www.bestlaw.com
Writer's Duect Dial No.:
(612)341-9722
E-Mail Address:bross@bestlaw.com
May 2, 2005
Leonard M. Addington
N. Walter Gratf
Allen D. Ba,nard
Frank 1TOg1
Marinas W. Van Patten, Jr.
Moms E. Knopf
]ohn A. Bunon. Jr.
James C. Diracles
Roger R. Roe, Jr.
Duane L. Paulson
Robert L. Meller, Jr.
Judith A. Rogosheske
Scott D. Eller
Charles C. Berquis[
James M. Christenson
E. Joseph LaFave
Gregory D. Soule
Cathv E. Gorlin
Patrick B. Hennessy
Timothy A. Sullivan
Daniel R.W. Nelson
David J. Zubke
Steven R. Kivger
Paul E. Kaminski
Ross C. Formell
Caryn S. Glover
Mary E. Shearen
Barham M. Ross
Catherine J. Courtney
Sarah Crippen Madison
Robert D. Alaher
David H. Johnson
Christopher D. Johnson
Jill B. Iaorr
Daniel A. Kaplan
Lenor A. Scheffler
Bradley F Rtilliams
Cynthia L. Hegany
Michael B. VPacker
David C. Mwphy
Brian C. Eddy
P.ebecca A. Chaffee
Thomas G. Gant'
David G. Schelzel
Daniel L. Grimstvd
John D. Seiner
Edward P. Shea
Kim JoDene Donal
Demris S. Puzz, Jr.
Thomas Hedges
City Administrator
City of Eagan
City Hall
3830 Pilot Knob Road
Eagan, MN 55122
Re: Amended and Restated MVTA Joint Powers Agreement
Dear Mr. Hedges:
Best & Flanagan is general counsel for Minnesota Transit Authority. The Board
recently passed a resolution approving an amendment to the Joint Powers Agreement to
delete the term limit of four years for the At Large Commissioner and At Large Alternate.
The Board instructed counsel to draft the amended agreement and send it to the cities for
consideration and approval. Accordingly, I have enclosed both a redlined copy and a clean
copy of the Amended and Restated MVTA Joint Powers Agreement. I am requesting that
you present this to your City Council for approval and execution.
If you have any questions, feel free to call me.
Sincerely,
Barbara M. Ross
OF COUNSEL
John R. Carroll
Robert L. Crosby
Richard A. Peterson
Scofl P. Moen
James 1. Best
,~r>-l>~
Robert J. Flanagan
FOUNDED 1926
BMR/lhc
Enclosure
cc: Beverley Miller
MVTA Chair and Board Members
0(0252/950712/362801_1
33
AMENDED AND RESTATED
MVTA JOINT POWERS AGREEMENT
ESTABLISHING THE MINNESOTA VALLEY TRANSIT AUTHORITY
THIS AMENDED AND RESTATED MVTA JOINT POWERS AGREEMENT
("Agreement") is by and among the Cities of Apple Valley, Burnsville, Eagan, Rosemount, and
Savage from hence forth to be known as the "Cities," municipal corporations organized under
the laws of the State of Minnesota. This Agreement amends and replaces the MVTA Joint
Powers Agreement adopted in March 1993 and amended in April 1994 by the Cities of Apple
Valley, Burnsville, Eagan, Prior Lake, Rosemount and Savage. The Agreement is made pursuant
to the authority conferred upon the parties by Minnesota Statute §§ 473.384, 473.388, and
471.59.
WHEREAS, the Cities have completed a Project Study under the Metropolitan Transit
Demonstration Program;
NOW, THEREFORE, BE IT RESOLVED, in consideration of the mutual covenants
contained herein, it is hereby agreed by and among the Cities:
1. Name. The Cities hereby create and establish the Minnesota Valley Transit
Authority.
2. Purpose. The purpose of this Agreement is to provide public transit service for
the Cities pursuant to Minnesota Statutes § 473.388.
3. Definitions.
(A) "AUTHORITY" means the organization created by this Agreement.
(B) "BOARD" means the Board of Commissioners of the Minnesota Valley
Transit Authority.
~y
(C) "COUNCIL" means the governing body of a party to this Agreement.
(D) "METROPOLITAN COUNCIL" is the metropolitan council as
established by Minnesota Statutes § 473.123.
(E) "PARTY" means any city which has entered into this Agreement.
(F) "TECHNICAL WORK GROUP" is a committee consisting of one staff
member of each party and each county which shall act as technical advisors to the Board.
4. Parties. The municipalities which are the parties to this Agreement are Apple
Valley, Burnsville, Eagan, Rosemount, and Savage (the City of Prior Lake has withdrawn).
Additional Parties may be added by the concurrence of all the existing parties. No change in
governmental boundaries, structure, organizational status or character shall affect the eligibility
of any party listed above to be represented on the Authority so long as such party continues to
exist as a separate political subdivision.
Board of Commissioners.
(A) The governing body of the Authority shall be its Boazd which will consist
of eight (8) voting commissioners. Each party shall appoint one commissioner, one
alternate commissioner, and a staff member to serve on the Technical Work Group. The
alternate commissioner and the Technical Work Group member may be the same person.
The commissioners from the cities of Burnsville, Eagan, and Apple Valley shall
additionally collectively appoint one commissioner and one alternate. This commissioner
and its alternate shall be appointed by the three commissioners aforementioned and shall
henceforth be known as the "at lazge commissioner" and the' "at lazge alternate"
respectively, and will be appointed annually at the January meeting °•~a ~•^"''°'~m~+°,a +„
r°.,,;,,,. ~ ••- ° ° ~•+~~~° ^ r +°-m°. Metropolitan Council members who represent
the same cities as the MVTA, may serve asnon-voting ex officio members of the Board
of Commissioners. The Dakota County Board of Commissioners and the Scott County
Board of Commissioners shall each appoint one commissioner and one alternate
commissioner.
(B) Commissioners shall be a member of the Council of each party or its
designee, or for commissioners appointed by Dakota and Scott Counties, be a member of
the Board of Commissioners of the county making the appointment. The at lazge
3S
commissioner and alternate may or may not be an elected official as to be deternned by
the commissioners from Apple Valley, Burnsville and Eagan and reviewed by the
aforementioned commissioners on an annual basis. Alternate commissioners mayor may
not be an elected official as to be determined by each party, or for county commissioners,
their alternates shall be a commissioner of the county making the appointment. The
terms of office of commissioners shall be determined by the party or the county making
the appointment.
(C) A commissioner may be removed by the party or county appointing the
commissioner with or without cause.
(D) Commissioners shall serve without compensation from the Authority.
(E) Five commissioners, which must include at least three (3) of the
commissioners appointed by the parties', shall constitute a quorum of the Board.
Attendance by a quorum of the Board shall be necessary for conducting a meeting of the
Board. The Board may take action at a meeting upon the affirmative vote of a majority
of the commissioners present at a meeting, which majority must include at least three (3)
of the commissioners appointed by the parties or such a commissioner's alternate in his
or her absence.
(F) The Boazd may adopt rules and regulations governing its meetings.
(G) As the first order of business at the January meeting of each year, the
Board shall elect a chair, a vice chair, a secretary, a treasurer, and such other officers as it
deems necessary to conduct its business and affairs. The current chair shall facilitate
these elections. In the event that the current chair is no longer his/her city's .
representative to the MVTA, the Vice Chair shall facilitate the election process. In the
event that both the Vice Chair and Chair are no longer its city's representative to the
MVTA, the boazd shall decide on another officer or conunissioner to preside over the
elections. The newly-elected chair shall then preside over the remainder of the meeting,
and all meetings henceforth until a new chair is elected.
6. Powers and Duties of the Authority.
(A) General. The Authority has the powers and duties to establish a program
pursuant to Minnesota Statutes §§ 473.384 and 473.388 to provide public transit service
to serve the geographic area of the parties with funding as provided in Minnesota Statutes
§§ 473.384, 473.388, 16A.88, and other applicable statutes, if any. The Authority shall
have all powers necessary to discharge its duties.
(B) The Authority may acquire, own, hold, use, improve, operate, maintain,
lease, exchange, transfer, sell, or otherwise dispose of equipment, property, or property
rights as deemed necessary to carry out the purposes of the Authority.
a
36
(C) The Authority may enter into such contracts to carry out the purposes of
the Authority.
(D) The Authority may establish bank accounts as the Board shall from time to
time determine.
(E) The Authority may employ an executive director whose duties shall be to
administer policies as established by the Authority. The Executive Director shall be an
employee of the Authority. The Authority shall hire and terminate personnel and provide
for compensation, insurance, and other terms and conditions that it deems necessary.
(F) The Authority may enter into a contract for management services.
(G) The Authority may sue or be sued.
(H) The Authority shall cause to be made an annual audit of the books and
accounts of the Authority and shall make and file the report to its Members at least once
each yeaz.
(I) The Authority shall maintain books, reports, and records of its business
and affairs which shall be available for and open to inspection by the parties at all
reasonable times.
(J) The Authority may contract to purchase services from any one of the
parties.
7. Operating and Capital Costs, Budgets, and Financial Liability.
(A) The Authority shall have a fiscal yeaz beginning January 1 and ending
December 31. On or before June 1 of each yeaz, the Executive Director shall prepaze an
estimated budget for the next fiscal year including an estimate of expenditures, operating
costs, capital costs and revenues and submit it to the Board for preliminary approval. The
Executive Director shall also submit the preliminary budget to the parties for approval
within thirty (30) days of the date of submittal. The budget shall be deemed approved by
a party unless the party disapproves the preliminary budget within said thirty (30) days.
The Board shall review and approve or disapprove the budget. The approved budget shall
be submitted to the Metropolitan Council, or its successor, for approval. The budget may
be adjusted from time to time on the basis of actual costs incurred or changes in estimated
revenue or expenditures. In the event of an adjustment of the budget, there shall be
fiunished to each party a computation of the adjustment.
(B) The annual financial contribution to the Authority of each party shall be
the total amount of assistance appropriated to each party plus the total amount, if any,
each party levies, pursuant to Minnesota Statutes §§ 16A.88, 473.384 and 473.388. A
4
37
party shall obtain approval of the Authority before it levies funds to contribute to the
Authority.
Insurance. The Authority shall purchase liability insurance coverage to cover the
activities of the Authority. The Authority shall provide all parties with copies of the
liability insurance coverage documents. The liability insurance coverage shall provide all
parties with sixty (60) days notice of cancellation, material change or termination of
coverage. In the event the liability insurance coverage is cancelled, or otherwise
becomes unavailable, the Authority shall procure similar liability insurance coverage
from another entity. The Authority shall purchase insurance in addition to liability
insurance in such amounts and on such terms as the Authority shall determine.
9. Duration of Agreement. This Agreement shall continue in force commencing on
January 1, 1991 and as amended in April, 1994 and April. 2002. and amended and
restated herein and thereafter from year to year, subject to withdrawal by a parry or
termination by all parties. Withdrawal by any party shall be effected by serving written
notice upon the other parties no later than February 15~' of the year at the end of which
such withdrawal is to be effective. Withdrawal from the Agreement by any party at the
end of the calendar year shall not affect the obligation of any party to perform the
Agreement for or during the period that the Agreement is in effect. Withdrawal of any
party or termination of the Agreement by all parties shall not terminate or limit any
liability, contingent, asserted or unasserted, of any party arising out of that party's
participation in the Agreement.
38'
10. Distribution of Assets. In the event of withdrawal of any party from this
Agreement, the withdrawing party shall not be reimbursed, except that ownership of a
capital asset located within the city limits of the withdrawing party that was funded solely
with funds levied by the withdrawing party pursuant to Minn. Stat. § 473.388, Subd. 7
shall be transferred to said party by the Authority. In the event of termination of this
Agreement by all parties, all of the assets which remain after payment of debts and
obligations that are not (i) required by terms of state statutes, federal statutes, or contracts
with the Metropolitan Council or federal agencies to be available for regional use for
transit purposes or to be transferred to the Metropolitan Council or federal agencies or (ii)
a capital asset located within the city limits of a party that was funded solely with funds
levied by said party pursuant to Minn. Stat. § 473.388, Subd. 7, shall be distributed
among the municipalities who aze parties to this Agreement immediately prior to its
termination, subject to the terms and requirements of obligations issued by one or more
municipalities pursuant to Minn. Stat. Section 473.388, Subd. 7, in accordance with the
following formula: Each municipality shall receive that percentage of remaining assets
detemuned by dividing the total amount of which that municipality contributed to the
Authority by all the municipalities who are parties to this Agreement immediately prior
to its termination. Ownership of a capital asset located in the city limits of a party that
was funded solely with funds levied by said parry pursuant to Minn. Stat. § 473.388,
Subd. 7 shall be transferred to said party. The amount of the distribution to any party
pursuant to this Agreement shall be reduced by any amounts owed by the party to the
Authority.
fi
39
11. Effective Date. This Agreement shall be in full force and effect when all five
(5)parties, delineated in pazagraph 4 of this Agreement, sign this agreement as amended
and restated herein. All parties need not sign the same copy. The signed Agreement
shall be filed with the Executive Director, who shall notify all parties at the eazliest Board
meeting of its effective date. Until this Agreement, as amended and restated, is signed by
all parties, the preceding Agreement shall stay intact and in effect.
IN WITNESS WHEREOF, the undersigned government units, by action of their
governing bodies, have caused this Agreement to be executed in accordance with the authority of
Minnesota Statutes § 471.59.
Adopted this _ day of , 200
CITY OF APPLE VALLEY
By:
Its:
ATTEST:
By:
Its:
STATE OF MINNESOTA )
)ss
COUNTY OF DAKOTA ~ )
On this _ day of , 200_, before me a Notary Public within and for said
County personally appeared and
to be personally known, who being each by me duly
sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF APPLE
VALLEY, the municipality named in the foregoing instrument, and that the seal affixed to said
instrument was signed and sealed in behalf of said municipality by authority of its City Council,
and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said
municipality.
7
~- o
Agenda Memo
May 17, 2005 Regular City Council Meeting
CONSENT AGENDA:
Q. Shows License
ACTION TO BE CONSIDERED:
Approve a Shows License for the Eagan Lion's Club to hold the July 4t" Fun Fest
at Eagan's Central Park.
FACTS:
• The Eagan Lions Club has applied for a Shows License to hold the Fun Fest on
July 4`" at Central Park.
• They have requested two days for set up time (June 29 and 30).
• The rides and booths will be set up in the festival oval with trailers located
behind.
• The carnival will open to the public on July 1 through July 4 at midnight.
• The units will be removed July 5 and 6.
• A request for waiver of the $25 license fee has been made which has been past
practice.
ATTACHMENTS: None
y/
Agenda Memo
May 17, 2005 Regular City Council Meeting
CONSENT AGENDA:
R. Parade Permit
ACTION TO BE CONSIDERED:
Approve a Parade Permit for the Eagan Lion's Club to hold the July 4th Parade
and waive application fee
FACTS:
The Eagan Lions Club has applied for a permit to hold a parade on July 4, 2005
commencing at Yankee Doodle Road (at Blue Cross) and traveling east to Central
Parkway, north to the Community Center.
A request for waiver of the $25 license fee has been made which has been past
practice.
ATTACHMENTS: None
eta
Agenda Memo
May 17, 2005
PUBLIC HEARINGS
A. LOT 1, BLOCK 1, HAWTHORNE RIDGE
EASEMENT VACATION
ACTION TO BE CONSIDERED: Approve vacation of public drainage & utility
easements on Lot 1, Block 1, Hawthorne Ridge and authorize the Mayor and City Clerk
to execute all related documents.
FACTS:
• On April 6, 2005, City staff received a petition from Mr. Jerzy Szoka of Excel
Development, owner of Lot 1 Block 1 Hawthorne Ridge, requesting the vacation of
existing drainage and utility easements on said property, in the northwest corner of
Diffley Road (Co.Rd. 30) and State Trunk Highway 3.
• The drainage and utility easements were originally dedicated with previous City
ownership of this property, and maintained with the final plat of Hawthorne Ridge,
approved by City Council January 18, 2005.
• The purpose of the vacation is to allow the construction of a trash enclosure and
retaining wall which, as planned, will encroach into the existing easement.
• Notices were published in the legal paper and sent to all potentially affected and/or
interested parties for comment prior to the public hearing. Notices were sent to all the
potentially impacted private utility companies. No comments or objections to the
proposed vacation have been received.
• The request has been reviewed by the Engineering Division and found to be in order
for favorable Council action.
ATTACHMENTS:
Location Map, page.
Legal Description & Graphic, pageS~~& ~.
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Lot Surveys Company, Inc.
Gregory R Prasch 7601 73rd Avenue North
MIL Reg. No. 24992 Minneapolis, MN SS428
Phone: 763-560-3093/Fax: 763-560-3522
Legal description to vacate a part of the easement recorded in document # 2285545
To vacate part of the Easement for drainage, utility and conservation purposes over, under and
across that part of the South 484.29 feet of the East Half of the Southeast Quarter of Section 24,
Township 27 North, Range 23 West, Dakota County, Minnesota, lying west of the westerly
right- of- way line of State Trunk Highway No. 3, except that part designated as Parcel s on
Dakota County Road Right-of- Way Map No. 136 which lies westerly of the following described
line: Commencing at the northwest corner of said South 484.29 feet of the East Half of the
Southeast Quarter; thence North 89 degrees 45 minutes 28 seconds East, assumed bearing, along
the north line of said South 484.29 feet a distance of 779.85 feet to the point of beginning of the
line to be herein described; thence South 00 degrees 09 minutes 32 seconds East 397.46 feet to
the north line of Parcel s on Dakota County Road Right-of--Way Map No. 136 and there
terminating.
And which lies easterly of the following described line: Commencing at the northwest corner of
said South 484.29 feet of the East Half of the Southeast Quarter; thence North 89 degrees 45
minutes 28 seconds East, assumed bearing, along the north line of said South 484.29 feet a
distance of 748.53 feet to the point of beginning of the line to be herein described; thence South
00 degrees 09 minutes 32 seconds East 314.92 feet; thence South 44 degrees 01 minutes 32
seconds West 94.17 feet; thence South 00 degrees 09 minutes 32 seconds East 20.22 feet to a
point on the north line of Parcel 5 on Dakota County Road Right-of way Map No. 136 and there
terminating.
Excepting therefrom the North 10 feet of said South 484.29 feet, and except a 10 foot strip of
land lying north of and adjacent to the north line of said Parcel 5.
4~ S
~~~
Proposed Easement Vacation
t of Ea a~ 4/15/05
Hawthorn Ridge
En ednt~d~~rtment
Agenda Information Memo
May 17, 2005, Eagan City Council Meeting
VI. OLD BUSINESS
A. CONSIDER APPROVAL OF RESOLUTIONS OF INTENT TO
PARTICIPATE IN DAKOTA COUNTY 800 MHz RADIO NETWORK AND
CONSOLIDATED PSAP
ACTIONS TO BE CONSIDERED:
1. To approve a Resolution to Join the Dakota County 800 MHz Public Safety Radio
Subsystem.
2. To approve a Resolution to Participate in a Dakota County Joint Dispatch Center -
Consolidated Public Safety Answering Point (PSAP).
FACTS:
- A study conducted by Dakota County and participating cities, including Eagan, in
2004, recommended that Dakota County construct an 800 MHz public safety
radio system to connect to the regional 800 MHz system already in service.
- Since that time an 800 MHz design group and policy group consisting of staff and
elected officials from Dakota County and Dakota County cities have been
working on technical and policy issues associated with the proposed county
network. They have been assisted by PSC Alliance, a radio consulting firm under
contract to Dakota County.
- During the same time, as part of the Dakota County High Performance
Partnership (HiPP) process, the issues surrounding a joint PSAP have been
studied by a technical committee and a policy committee, also assisted by PSC
Alliance.
- The City Council heard presentations on the status of these projects on March 8,
and April 26, 2005. There is no additional presentation on the 800 MHz network
at the May 17~' City Council meeting.
- Since the last update, the preliminary network design has been completed and the
HiPP committees have completed their work.
~~
- On May 5, 2005 the HiPP Policy Committee met to consider consolidated PSAP
issues. At this meeting the committee unanimously voted to pursue 1 PSAP to
serve all Dakota County public safety agencies. The committee also approved a
finance and governance plan that would create a joint powers entity to operate the
PSAP.
- Based upon the benefits of improved radio interoperability with public safety
agencies in Dakota County and throughout the region, as well as reduced capitol
and operational costs for the City of Eagan, staff concurs with the
recommendations of the HiPP committee.
- Dakota County and its cities are requested to approve resolutions of intent to
participate in the 800 MHz network and joint PSAP as part of the required plan
approval process of the Metropolitan Radio Board. Approval of the technical
plan in June would allow for expenditure of grant funds which expire in
November 2005.
- If approval of the resolutions is granted, work will begin on a Joint Powers
Agreement that would require City Council approval prior to Eagan's
participation in the joint PSAP.
- Mr. Russ Sinkler, from PSC Alliance and Police Chief Therkelsen will be present
to answer questions on the technical design, finance, and governance.
ATTACHMENTS (11):
- Enclosed on pages ~d through ~~~ is a copy of the Resolution to Join
the Dakota County 800 MHz Public Safety Radio Subsystem.
- Enclosed on pages J ~ and ~ is a copy of the Resolution to Participate
in a Dakota County Joint Dispatch Center -Consolidated Public Safety
Answering Point (PSAP).
The following attachments are included for City Council review as desired. They
are not part of the resolutions; however, they provide additional background
information regarding governance, cost sharing, accountability, authority, and
responsibility. This information demonstrates the potential impact for the County
and Eagan and will be the basis for the formal operating agreements that will be
brought before the City Council at a later date.
- Enclosed on pages S~J~ through is a copy of a letter dated May 5, 2005
from Jeff Nelson, PSC Alliance, to Brandt Richardson, County Administrator,
outlining the increased efficiencies and economic benefits of joint dispatch
services for the County population.
4~
- Enclosed on page ~ is a copy of a cost sharing model for joint dispatch.
- Enclosed on page S is a copy of an expense overview for the City of
Eagan demonstrating the estimated costs of shared versus independent 800 MHz
and dispatching services.
- Enclosed on pages ~ and ~ is a copy of summarized financial impacts
for joint dispatch and 800 MHz.
- Enclosed on page ~ is a copy of the benefits of joint dispatch and 800
MHz.
- Enclosed on page ~~ is a copy of a matrix summarizing the governance
structure of a joint dispatch operation; incorporating accountability, authority, and
responsibility.
- Enclosed on page o ~ is a copy of a potential organizational structure
reflecting the governancce matrix. /
- Enclosed on pages J' through C~ is a copy of the Executive Summary
outlining the governance for a countywide joint dispatch.
- Enclosed on page ~Q is a copy of the potential timeline for the 800 MHz and
joint dispatch implementation process.
~9
RESOLUTION
CITY OF EAGAN
RESOLUTION TO JOIN THE DAKOTA COUNTY 800 MHz
PUBLIC SAFETY RADIO SUBSYSTEM
WHEREAS, Minn Stat. 473.904 required that metropolitan counties prepare a
communications system planning document on current and potential participation in the
regional 800 MHz public safety radio communications system; and
WHEREAS, the County and its cities currently operate independent VHF public
safety radio systems not capable of interoperable communications; and
WHEREAS, Dakota County in cooperation with the cities in the County studied
this issue and issued reports in 1997 and 2000 concluding that the current independent
VHF public safety radio systems were meeting the current needs of the agencies and that
the County did not intend to participate in the regional 800 MHz system at that time; and
WHEREAS, the terrorist events of September 1, 2001 have shown the necessity
for an interoperable public safety radio system; and
WHEREAS, the County and its cities again studied participation in the regional
800 MHz public safety radio system and in a report issued in 2004 unanimously
recommended that the county participate in the regiona1800 MHz public safety radio
system; and
WHEREAS, in 2004 the Dakota County Board of Commissioners authorized the
County to join the Metropolitan Regiona1800 MHz public safety radio system; and
WHEREAS, significant federal grant funds have been made available through the
US Department of Homeland Security to implement interoperable radio communications
systems; and
WHEREAS, Dakota County has received approximately $6 million in grant funds
to construct a Dakota County 800 MHz public safety radio subsystem; and
WHEREAS, Dakota County has retained a consulting firm to design the County
integrated 800 MHz subsystem to serve all areas of the County; and
WHEREAS, the design of the County subsystem is being overseen by technical
and policy committees made up of county and city participants; and
SD
WHEREAS, participation in the Dakota County 800 MHz public safety radio
subsystem will provide the City of Eagan with interoperable communications with the
County and all participating cities in the County as well as with all participants in the
regional system; and
WHEREAS, in order to meet federal grant deadlines, the final design of the
County subsystem must be completed and submitted to the Metropolitan Radio Board (or
its successor) in June, 2005; and
WHEREAS, to complete the design of the subsystem, it is necessary to determine
the cities that will participate in the Dakota County 800 MHz subsystem; and
WHEREAS, the County and participating cities will need to enter into a
cooperative agreement that will define the rights and obligations of the County and the
City of Eagan with respect to the cooperative and coordinated implementation, operation,
and maintenance of the countywide subsystem.
NOW, THEREFORE, BE IT RESOLVED, That the City of Eagan will participate
in the Dakota County Integrated 800 MHz Pubic Safety Radio System; and
BE IT FURTHER RESOLVED, That the cooperative agreement be brought to the
City Council for approval; and
BE IT FURTHER RESOLVED, That the City Administrator communicate the
City's intention to the County.
ADOPTED by the City Council of the City of Eagan this 17'h day of May,
2005.
Motion by:
Seconded by:
Those in Favor:
Those Against:
Date:
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
s~
CERTIFICATION
I, Maria Petersen, 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 17th day of May, 2005.
Maria Petersen, City Clerk
s~
RESOLUTION
CITY OF EAGAN
RESOLUTION TO PARTICIPATE IN A DAKOTA COUNTY
JOINT DISPATCH CENTER
WHEREAS, the High Performance Partnership (HiPP) effort of the County and
the cities has identified joint dispatch as one activity to study; and
WHEREAS, a HiPP Joint Dispatch Policy Committee co-chaired by Elizabeth
Kautz, Mayor of Burnsville, and Steve Mielke, Lakeville City Administrator, has been
studying joint dispatch for the past four months; and
WHEREAS, Dakota County and its cities are currently cooperating in the design
of a Dakota County 800 MHz public safety radio communications subsystem; and
WHEREAS, an important design consideration is the number and location of
Public Safety Answering Points (dispatch centers); and
WHEREAS, currently there are six dispatch centers in Dakota County serving a
total population of 390,000; and
WHEREAS, one dispatch center can provide more efficient, effective, and
economic dispatch services for the county population; and
WHEREAS, the Legislative Auditor's Report on PSAPs and 911 Service
Delivery encourages PSAP consolidation; and
WHEREAS, Dakota County has agreed to provide the capital cost of one Joint
Dispatch Center to serve all public safety agencies in the county; and
WHEREAS, the HiPP Joint Dispatch Policy Committee recommends that the
County and its cities participate in a Joint Dispatch Center; and
WHEREAS, Dakota County and participating cities will share the annual
operating costs of the joint dispatch center; and
WHEREAS, the City of Eagan will save significant funds by participating in a
Joint Dispatch Center versus providing its own dispatch services; and
WHEREAS, the management and operation of the Joint Dispatch Center will be
governed by a Joint Powers Agreement that will give all participants a strong voice in the
operations and management of the Center; and
s3
NOW, THEREFORE, BE IT RESOLVED, That the City of Eagan hereby agrees
to participate in a countywide Joint Dispatch Center to be governed by a Joint Powers
Agreement; and
BE IT FURTHER RESOLVED, That the City Administrator is directed to bring
the Joint Powers Agreement to the City Council for approval, and
BE IT FURTHER RESOLVED, That the City Administrator inform the County
of its decision to join the Joint Dispatch Center.
ADOPTED by the City Council of the City of Eagan this 17`h day of May, 2005.
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Motion by:
Seconded by:
Those in Favor:
Those Against:
Date:
Its Clerk
CERTIFICATION
I, Maria Petersen, 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 17th day of May, 2005.
Maria Petersen, City Clerk
5~{
ATTACHMENT #1
~~
P
A L L I A N C E
4921 Fifth Avenue South :Voice: 612 720-5843
Minneapolis, MN 55409 :Fax: 612 825-8972
Toll Free: $88 384-9171
May 05, 2005
Mr. Brandt Richardson
County Administrator
Dakota County Govemment Center
1590 Highway 55
Hastirigs, MN 55337
Re: joint Dispatch
Dear Brandt:
info@pscalliance,com
www. pscal liance. com
I have had the privilege of providing consulting services to Dakota
County from time-to-time since 1997. I have also provided certain services
directly to some of the individual communities within the county during a
comparable window of time. Our professional efforts have all focused on
the issue of public safety service delivery and communications technology
during that period.
During each prior engagement the issue of dispatch consolidation has
consistently surfaced at one time or another in every venue. It is my
observation that at no time since 1997 has the interest, commitment, and
enthusiasm of all of the local government stake holders to consider actual
methods of implementing joint dispatch been higher than it is right now. I
also suggest that the oppon`unityto actually implement joint dispatch has
never been better than it is now.
Recommendations
At an April meeting of the HiPP policy group, I committed to offer some
specific recommendations concerning joint dispatch for consideration by
the members. We recommend that:
1. Dakota County and its partnering communities establish a single,
jointly operated public safety dispatch center to serve all of the
citizens of the County.
2. The single joint PSAP be governed and operated as a Joint Powers
Agency pursuant to the principles and governance considerations as
established in the documented record of meetings of the HiPP Joint
Dispatch study group.
ss
Mr. Brandt Richardson
May 05, 2005
3. Appropriate provisions for redundancy be incorporated into the
design and that back-up strategies be planned and executed in the
event of outage at the single joint PSAP.
4. Every community within Dakota County participate in the single
joint dispatch facility and that all public safety agencies migrate
theirtwo-way radio communications to the 800 MHz radio
backbone.
5. A single set of appropriate central electronics dispatch center
infrastructure be acquired and built to service the needs of the
County and the individual jurisdictions through the joint dispatch
center.
Benefits
Benefits of implementing these recommendations include:
1. Significant avoided capital cost for every community operating a
ASAP today.
2. Significant recurring operating cost savings realized Countywide by
leveraging and aggregating dispatch center staff to serve the entire
user community across the county.
3. Enhanced communications interoperability.
4. Improved command, control, and deployment coordination of public
safety personnel equipment and staff during both routine and crisis
situations. The joint dispatch model provides a template which can
be applied to other public safety, shared service initiatives within
the County.
5. Service levels which are equal to or better than that possible today.
6. Greater process discipline through a shared governance and
operational structure. ;
7. The opportunity to collect meaningful performance metrics leading
to best-in-class management of the service delivery process.
8. Increased opportunities for continued professional development and
advancement of specialized dispatch center staff serving a
countywide community base.
9. Greater dispatch center staff depth & deployment flexibility
Page 2
~~
Mr. Brandt Richardson
May 05, 2005
10. Improved opportunities to leverage industry Best Practices in the
delivery of public safety communications services.
The achievements of the HiPP Joint Dispatch planning process are
significant and the work process has been fascinating. It has been our
observation that every stake holder has approached the challenges of the
joint dispatch study with a highly focused emphasis on what is best for the
whole Dakota County community while also recognizing that the whole
community is made up of unique individuals and cities each with a set of
common needs. We think this represents a textbook case of developing
best-in-class public policy.
This joint dispatch process holds great potential and we encourage
resolutions of support from every affected political body.
Sincerely yours,
PSC Alliance Inc.
/ r / t Nelson
Jeff Nelson
Page 3
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Overview of Expenses for 500 MHz Dispatch
Expense Breakdown By Scenario
ATTACHMENT 3: City of Eagan
Expense Items ]oint Dispatch - 1 PSAP Independent PSAP Comments
City Share 0/Expenses Lora! C/ty Expenses
Operating Expenses - 800 MHz & PSAP(s)
~. ~~ ~~ ~~~
Indudes 16% overhead for u[ilibes, rent, facility
PSAP Annual Operating Expenses (Year 1 shown) $689,865 $987,346 security and maintenance; lath amounts were
ad'usted S% from 2004 aduals.
Fire/EMS Alerting Operating Expenses $5,400 Locally Determined This is tayond the PSAP operating expenses noted
above
o a mlm er un u sY m s re on ip wt
800 MHz subsystem Administration Fees (ConcepC) $2,025 $3,375 external partners; $9/radio per yr in joint dispatch
& $15/radio per yr far independent (225 Radios-
800 MHz Regional System User Fees $20,475 $20,475 $9I/radio per year (225 Radios for Eagan)
Operating'Expenses -Sub-totals
X717,765
$1,011,196 Year 1 operating costs (joint dispatch vs. bcal
;nil ndertt PSAP .Also see Note 7.
800 MHz Subsystem Users' Fees See Note 4 Below See Nofe 4 Below .See Note 4 Below
Transition Funding
TBD
TBD Placeholder for additional start-up/transitbn
expenses, e.g, training, overtime, severance, etc.
Capital Expenses - 800 MHz Subsystem
800 MHz Subsystem Build-uut $9.7 M - $11 M Paid for by Dakota County
800 MHz Local In-Building Enhancements
---
- - $450,000
- TBD, Local $$$ Placeholder
-- --- -
- Subsialzed by County Na[ Subsidized by County -- --
600 MHz Radio Plan Development Paid by County TBD, Local $$$
800 MHz Capital ReplacementJFxpansion Fund TBD TBD No grant (ending should be assumed at
.._._ ----.._ _
- [placement
~
z
Capital Expenses - 800 MHz PSAP Equipment
800 MHz CEB Equipment (console controller) ~ ~ $70,201 ~ $165,000 ~ Hardware expense per PSAP
800 MHz Radio Controls @ Workstations $163,802 $300,000 Hardware expense per PSAP
~~ ~ Gty share of joint dispatch hardware capital is
Supports la positions Supports 4 Positions 18.00% of total; city cost for capital in independen
dispatch mode is at least;465K.
Fire/EMS Alerting Network Equipment $85,501 TBD, Local $$$
Capital Expenses - Sub-total
$319,504
¢465,000 Cost for hardware capital in independent dispatdi
mode is at least $375K per PSAR
800 MHZ Subsystem Connection Fees InUuded in
loin[ Dfspatcfr Costs '' $gg7~560 $15 per ppita (Population =66,504) '
B00 MHz CEB Connection Transport Expense inducted ;SOiC m ¢75oK Fiber connections or microwave
Dispatch Center Construdion/Expansion Paid'by County, TBD, Local;;;
Notes:
1. Non-Dispatch Functions: Local judsdidions will choose and fund what, if any, non-dispatch functbns to preserve in those PSAP communities that Bled to partidpate in joint
dispatch.
Z. CAD/Motvle/Reconis Management SoRware Fees: Local portions of these software license fees are rat known or included in the joint dispatch budget. Final determination of
these expenses will occur in the implementation planning phase for joint dispatch.
3. 800 MHz Subscriber Radios: Costs for subscriber 2dios will remain the resonsibil'Ry of the respective user agencies. The Dakota County 800 MHz subsystem's methodology for
procuring, dispensing, prog2mming, maintaining, and repairing subscriber radios has yet to be finalized. At the present time the purchase price for each radio is presumed to be
$2,800 for portable radios.
4. 600 MHz Subsystem Users' Fee: Includes site maintenance, local tower leases, utilibes for radio sites, etc. This fee TBD.
5. The above capital expenses reflect 800 MHz implementation and do not include CAD, logging equipment, 911 telephone, furniture, PSAP construction, etc.
6. PSC recommends that the PSAP(s) fund a PSAP equipment replacement fund in the future.
7. The cost of independent dispatch for Eagan is dependent upon Rosemount r~rtraining with Eagan at the same split of ppital & operating expense. If Rosemount chooses to
partidpate in joint dispatch and Eagan does not, Eagan would have to totally fund its dispatch operation ($1,075,302) or find another non-PSAP illy to partner with & share msts.
PSCA!liance Inc, Copyright 20D5 FILE Name: Cost Breakdowns - By Entity - OSIIOS.xIs -TAB Name: Eagan Casts Overview PAGE: 1 - 5/12/05
59
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Table A Summary of Governance Structure
Accountability, Authority, and Responsibility
Membership Control Meetings
Functional Level of Governance
The Mayor (or a City Councilperson The Board of Directors will vote on The Board of Directors will meet at
acting as the mayors designee) financial, legal, and fducary matters least two times each year, y~ as
From each community of at least using a weighted vote method equal to often as required to perform its
10,000 residents with its own kxal the weight of that jurisd'iction's funding legal, financial, and fdurcary
law enforcement agency in Dakota percentage for the current year. The responsibilities as defined in the
County, and the County Board Board may vote on other matters, JPA.
Board of DireCCOrS Chairperson (or another County including the employment of the person
Board member acting as the chair's responsible for the day-today
designee) management of the countywide 800
MHz radio system and joirrt dispatch
operation, using a one member /one
vote method.
~~~,_~.~.~-~_~,~~~.~,-~. ~,..,u,.. , a,.~.~ ~.~, n ~. ~
The chief administrative officer of ,
The Executive Committee will reviewand
The Executive Committee will meet
each member jurisdiction; City recommend fnancal, legal, and at least quarterly, yet as often as
Administrators /Managers and the fiduciary actions, as well as public polity necessary to perform its duies and
County Administrator. affecting the level of service, to the responsibilities as defined in the
Board of Directors. The Executive JPA.
Committee will assist the Board of
Directors in the recruitment and
Executive Committee recommendation of the person to be
employed to lead and direct the day-to
day management of the countywide 800
MHz radio system and joint dispatch
operation, and willvote on alt matters
using a one member /one vote method.
x, r „,. ,,.., a. „ .,;
The Operations Committee unit be
the Operation Committee and both
The Operations Committee will meet
comprised of a designated subcommittees that exist within the at least 6 times each year, yet often
respresentative from each law Operations Committee will be chaired b enough to perform its duties and
enforcrement and fire service agency the Emergenty Communications responsibilities as defined in the
fi-orrri the member jurisdictions, a Executive Director. Each regular 7PA.
representative from the County]oiM member will review matters of
EMS Council, and the Executive operational polices and procedures and
Director of Emergency when possible, will deride issues by
Communications, also known as the consensus. when voting is used, the
chief operating official of the joint committee will use a one member /one
powers entity. Public safety agencies vote method. Ad-hoc, non-voting
Operations Committee of smaller communities served by members may participate in discussion
Includes Fire/EMS and Law Enforcement the system may participate as ad- and bring matters of interest to the
Subcommittees hoc, non voting members in canmittee & its subcommittees for
committee and subcommittee review and disposition, but may not
business. There wiA be law partcpate in the process of voting. In
enforcarient and fire/EMS the event of a vote that is tied, the chair
subcommittees for discipline-specific retains the ability to break the tie. The
business a5 needed. Operations Committee may seek retlmss
and relief from problems that are not
being handled to their satisfaction by
requesting review of the matter by the
Executive Committee.
fie Executive Director of The Executive Director of Emergency The Executive Director and his/her
Emergency Communications, also Communications will be responsible for team will meet and communicate
known as the chief ope2dng official the day-today management of the with the user agences on a frequen
of the joint powers entity, will be countywide 800 MHz 2dio system and basis to promote a solid working
appointed by the Board of Directors. joint dispatch operaton including its relationship. The Executive Director
perfomrance and personnel will act as chair of the Operations
Emergency Communications Management management, as weA as its relationship Committee and its subcommittees
with the user agencies. and will meet and paAtcipate with
the Executive Committee and Board
of Directors as needed.
PSC Alliance Inc., 2005 PILE Name: Governanre Matrix 050905.x1s -TAB Name: Sheetl PAGE: 1 - S/9/OS
~~
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Governance for
Countywide
Joint Dispatch
Executive Summary
Prepared on behalf of the HiPP
Joint Dispatch Policy Committee
By: PSC Alliance Inc.
May 11, 2005
ds
IXECUTIVE SUMMARY: Governance of a Countywide Joint Dispatch Operation
Pureose
The purpose of this document is to document the elements of governance that are being
recommended by the participants of the HiPP Joint Dispatch Policy Committee. These elements
are intended to serve as the foundation for a joint powers agreement that participating cities and
the County will finalize for final approval. The timeline to advance the question of participation in
the countywide 800 MHz public safety radio system and joint dispatch requires each jurisdiction
to indicate its intentions before the end of May 2005. As a result, the County Board and city
councils are being asked to consider resolutions declaring their intentions at this time with review
and approval of the requisite joint powers agreement for joint dispatch and cooperative
agreements for participation in the 800 MHz radio system to follow in the weeks ahead.
This document serves as Attachment 4a to the request for County Board/City Council action in
these matters.
Governance Model
The Policy Committee recommends governance of countywide joint dispatch and 800 MHz radio
system management and administration by a joint powers agreement.
The joint powers agreement presumes the creation of a new service entity that is owned and
controlled by all jurisdictions subject to the terms and conditions of the- agreement. While the
joint powers entity would be authorized to hire, manage, train, develop, and terminate its
employees, the JPA will not require or include a separate personnel system. Successful ventures
have relied upon the personnel administration capabilities of a member jurisdiction for such
services and this model would be no different.
The agreement would include language directing the joint powers entity to contract with one
member entity for various operational support functions, such as personnel. services (as noted
above), legal services, accounting, procurement, and payroll administration. The purpose of this
language is to maximize the cost-effectiveness and efficiency of the joint dispatch operation by
leveraging the existing resources of a participating jurisdiction.
The agreement will provide a means for the entity to exercise ownership and/or lessee rights, for
PSAP/dispatch equipment and the 800 MHz radio system infrastructure, while protecting the
County's ultimate responsibility and associated interests as the owner of the countywide 800 MHz
radio subsystem that provides the local connectivity to and use of the Metro 800 MHz Radio
System.
In addition, the agreement will enable a formal process to allow for the transition of resources
and equipment, if any, to the new entity.
The HiPP Joint Dispatch Policy Committee reviewed examples of joint dispatch operations and
their associated agreements and by-laws to help craft a joint powers agreement (JPA) that meets
the needs and requirements of the prospective participant jurisdictions within Dakota County.
PSCA//lance Inc., Copyright, 2005 ~ „2 S/IZ/OS
EXECUTIVE SUMMARY: Governance of a Countywide Joint Dispatch Operation
Elements of Joint Governance
The following elements have been reviewed, considered, and agreed to at the HiPP Joint
Dispatch Policy Committee level:
Accountabi/ity, Authority, and Responsibility- Three distinct governance functions have been
identified within the context of accountability, authority and responsibility. These are, and will be
addressed structurally by:
• Board of Directors -Ultimate financial, legal, and fiduciary controls, including
overriding policy leadership regarding levels of service
• Executive Committee -Acts as the executive review function, on behalf of the
elected officials on the Board of Directors, for financial, legal, and fiduciary controls,
including policy recommendations regarding levels of service
• Operations Committee -Operational input, feedback, and procedural leadership
regarding levels of service
• Emergency Communications management -Day to day management of the dispatch
entity and the 800 MHz radio subsystem
These three functional areas within the construct of governance form the basis of an agreement
to be deployed for joint dispatch governance.
Contro/ -The governance agreement will address the levels and limits to control. Shared
control and decision-making among participants and the need to have meaningful, timely
influence on service delivery standards and protocols are the driving parameters for agreement
on governance among participants. The HiPP Joint Dispatch Policy Committee recommends levels
of membership, control and influence for each functional area of governance as noted above.
These levels of membership, control, and influence are described in Attachments 4b and 4c.
Finance- The HiPP Joint Dispatch Policy Committee acknowledges the importance of service
improvement, added value, cost-effectiveness, and accountability for aggregate spending for
public safety communications in the county. In addition, the committee also confirmed the key
role that costs, budget control, and cost sharing play in the governance process and crafted a
cost sharing process and formula that is practical, relevant, pragmatic, and perceived as fair and
equitable. The JPA will also support the principle that the cost sharing process/ formula must also
be reliable over time, capable of transcending any short-term fluctuations or unusual conditions.
The cost sharing formula recommended by the HiPP Joint Dispatch Policy Committee is based
upon a flat $750,000 subsidy by the County with the balance of operating expenses shared
across the member cities and the County based upon the percentage of system use as measured
by a combined event factor of 911 calls and computer-aided dispatch (CAD) events for each
jurisdiction. The County's share of the system use/event-based factor will be based upon the 911
calls and CAD events processed on behalf of the County Sheriffs Department. An overview of this
cost-sharing formula with projected cost shares for year 1 is enclosed in this packet as
Attachment 2.
Credits and/or direct revenue will also be attributed to member jurisdictions for services rendered
to the joint powers entity (e.g., the County wi!/build and maintain the joint dispatch / PSAP
facility with rent and operating expenses payab/e to the County by the joint powers entity). The
members of the Policy Committee concur that a governance agreement must address the
formulae for cost sharing that accounts for the varying types of costs and credits.
PSCA//lance Inc., Copyright, 2005 ~ ,~3 5/12/05
EXECUTIVE SUMMARY: Governance of a Countywide Joint Dispatch Operation
Turing - It is assumed that the "anchor jurisdictions" or participants would agree to and
approve the joint powers agreement as soon as practical to allow for meaningful implementation
planning. Further, it is assumed here that while all participants would begin using the new joint
dispatch service and the 800 MHz subsystem at approximately the same time, there would be
some staggering of agencies for actual cutover. A complete transition within a 6-month window
is anticipated, provided detailed cutover planning occurred. To protect the interests of all
participants, the committee recommends that all initiating parties (the anchor jurisdictions) must
agree to an initial period of membership of no less than five (5) years.
Expandabi/ity-The Committee also recommends that the JPA accommodate expansion in the
future and, thus, the governance agreement will provide such a process. The Policy Committee
also recommends that jurisdictions that join the joint powers entity at a later date will be
responsible for an appropriate one-time contribution to offset the original capital investment, the
in-process capital replenishment funding, and the equity already earned by managing the
development and start-up of the joint dispatch operation.
Ease-The Policy Committee has chosen this governance model, in part, because it will be easy
to use, cost-sensitive, and non-bureaucratic.
Problem Reso/ution and Commendation Procedures The JPA will provide a defined method
of identifying, surfacing, discussing, and resolving problems between a participant(s) and the
joint dispatch entity, as well as between and/or among participating jurisdictions. It also must
provide for an agreed upon vehicle for processing complaints and commendations from the public
and field personnel, whether they be made to elected officials, jurisdictional management, public
safety agencies, or the dispatching entity.
Conclusion and Recommendation
The Policy Committee has reviewed various factors associated with levels of service, cost
efficiencies, and a desire for best practices. The Committee was also provided detailed
requirements and other relevant input from the HiPP Joint Dispatch Technical Committee made
up of public safety representatives from fire, EMS and law enforcement agencies across the
County. The Technical Committee with assistance from the consultants, PSC Alliance Inc.,
provided feedback and input in the following areas:
o Weighted attributes for a quality joint dispatch PSAP
o Back up for dispatch operations and system redundancy
o Fire and medical dispatch issues, challenges and opportunities
o Tasks that are deemed non-dispatch in nature that would not transition to a joint
dispatch operation
In addition, both the Policy and Technical Committees received feedback, guidance, and input in
from the consultants, PSC Alliance Inc. on various subjects, including relevant questions
regarding the experiences that other joint dispatch) PSAP operations have had with various
subjects, such as, but not limited to:
o Overall governance and cost sharing practices
o Managing personnel concerns and performance through transition and change
o Periodic review of the cost-sharing formula for relevance
o Critical success factors
PSCA//lance Inc., Copyright, 2005 / (j/4 5/12/05
EXECUTIVE SUMMARY: Governance of a Countywide Joint Dispatch Operation
The Policy Committee concludes that emergency communications can be effectively and reliably
delivered by purposefully pursuing the joint powers agreement option including specific
safeguards and processes. It acknowledges that other opportunities for synergy and resource
sharing may well exist within the pubic safety arena and that the joint powers governance
structure and process will enable synergy and broader cooperation as appropriate and desired.
Finally, the HiPP joint Dispatch Policy Committee recommends a single joint dispatch
operation governed by a joint powers agreement based upon the elements and
parameters identified in this executive summary and requests the conceptual
approval of a ]PA based upon the same elements and parameters by each respective
city council and the County Board.
This conceptual approval is desired no later than May 27, 2005 to allow the County and
participating communities to file and obtain approval for its 800 MHz Radio Subsystem Plan from
the Metro Radio Board at the Metro Radio Board's last regular meeting on June 3`d. This request
to move ahead directly also protects the County, future joint dispatch participants, and their
respective interests relative to the use of state and federal funding that has been awarded to the
County far this work to be done. The first component of grant funding expires if not used by
November, 2005.
PSCAIIiance Inc., Copyright, 2005 / Q S 5/12/05
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Agenda Information Memo
May 17, 2005 Eagan City Council
B. PARK AND TRAIL DEDICATION RECONSIDERATION - EAGAN
DENTAL ASSOCIATES.
ACTION TO ,BE CONSIDERED:
To approve (OR deny) a refund of $5,275.00 for Park and Trail dedication for Lot 1, Block 2,
Lexington 2"d Addition (Eagan Dental Associates).
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
- Park and Trail dedication for commercial uses are based on a net acre calculation, which is
the total lot area less public easements and right-of--way.
- Lot 1, Block 2, Lexington 2nd is a 5.2 acre parcel. Staff has determined the total net acreage to
be 1.51 acres, as such the park dedication is $7,897.00 and the trail dedication is $1,717.00
for a total of $9,614.00; these fees are collected at the time of building permit application.
- Eagan Dental has indicated that his client believes that only .68 acres should be used in this
calculation because that is the "usable" area.
- This is a policy matter. The fee schedule applies park and trail fees to the net acre not the
usable acre.
- The APrC will consider the Eagan Dental request at the meeting on May 16, 2005; staff will
inform the Council of the Commission recommendation Tuesday evening.
ATTACHMENTS (2):
Location Map on page ~~
Staff memo on pages ~ through
~i
Location Map Eagan Boundary
Paree Area
OParkArea
- Building Footprirrt
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1000 0 1000 2000 Feet
Development/Devel oper: Eagan Dental Site
Application: Park and T tion
~~
City of Ea~~Il Map Preparetl using ERSI ArcView 3.1. Parcel base map data provided
by Dakota County Office of GIS and is wrrent as of Apri12005.
TNIS MAP IS INTENDED FO N
W~ li
Community Dwelopment Depanment R REFERENCE USE ONLY
The City of Eagan and Dakota County do not guarantee the accuracy of this information and are
not responsible for errors or omissions.
S
City of Ea~a~ Memo
TO: Mike Ridley, City Planner
FROM: Sheila Cartney, Planner ~~
DATE: April 27, 2005
SUBJECT: Eagan Dental Park and Trail fees
The Eagan Dental Associates has applied for a building permit to construct their clinic on
Lot 2, Block 1, Lexington Second Addition. At the time of building permit, Park and
Trail dedication fees are collected; these fees are based on a net acre calculation. City
staff determined that the total net acreage for this site is 1.51 acres. As such the park
dedication is $7,897.00 ($5,218.00/ net acre) and the trail dedication is $1,717.00
($1,137.00/net acre) for a total of $9,614.00.
An attorney representing the Eagan Dental has indicated that his client believes the City
has not properly calculated the Park and Trail dedication. His client believes that only
.68 acres should be used in this calculation because that is the "usable" area. If .68 acres
is used for the dedication calculation the park dedication would be $3,548.00 and trail
dedication would be $773.00 for a total of $4,321.00.
This is a policy matter to be decided by the Advisory Park and Recreation Commission
and the City Council. The Fee schedule applies park and trail fees to the net acre not the
"usable" acre. The City's calculation of net acreage excludes the easements. The Eagan
Dental Associates have paid the City calculated Park and Trail dedication fee in order to
obtain their building permit, but request that the Council consider their .68 acre
calculation and direct staff to refund $5,275.00.
Attached is a letter and graphic from the retained attorney for the Eagan Dental
Associates representative.
~3
DAVID J. SCHOENECKER
ATTORNEY AT LAW , _ , _
'~`I ~~l III
~~" '?
Real Property Law Specialist, Certified By The Minnesota State Bar Association
:i
Lucy J. Martin, Legal Assistant g~ j~ ~ ,~~~~ ~ _. ~ 2005
,~
d~ ~',_J
April 8, 20tJ5
Sheila Cartrev
Planner
3830 Pilot Knob F2oad
Eagan, Minnesota 55122
RF• Fork f;Frii a9.icln FaF
Eagan Dental Associates
Lot 2, Block 1, Lexington Second Addition,
Eagan, MN
Dear Ms. Cartney:
I have been retained by Eagan Dental Associates in relation to the
proposed construction of a Dental Office Building at the above described rEal
property. ...
My client does not belie•~e that the City of Eagan has correctly cal: elated
ti;e "usable acres" for purposes of determing the Park and Trail Dedication Fee.
I understand that the City has identified 1.5 acres as net usable area on my
client's property in order to determine the dedication fee. However, in reviewing
this matter in conjunction with the project architect, I believe that only .68 acres
should be identified as net usable acreage. {understand that the project
architect has identified three areas of the site that are not usable for this or any
other commercial construction. The three areas that have been identified are
small, oddly shaped, and r:Lst important~y, steeply sloped.
The topography and shape of the site limit development to only one of
four separate areas defined by easements and setbacks. The project architect
has indicated that there was no design alternative that could have used that
could have used the four separate areas. As a result of these unique, practical
barriers to development limit the usable space to .68 acres and the City should
give special consideration to this site.:
The proposed development on my client's site meets or exceecs the
Eagan Comprehensive Guide Plan and Zoning ordinances for preserving open
space and trees as 87 percent of the site is left natural and preserved. Many of
the trees and other vegetation left undisturbed on this site are located on the
Schoenecker Law Firm, Ltd. 3109 Hennepin Avenue South Minneapolis, Minnesota 55408
Telephone: (612) 827-6619 Facsirr>~612 827-3564 E-mail: dave@uptownlawyer.com
Page 2
April 8, 2005
three portions that are not usable, and in a general sense, leaving these areas
undisturbed meets the intent of the Park and Trail Dedication.
Extending the Park and Trail Dedication fee to these park-like areas that
are being naturally preserved places an unfair burden on property owners; such
as my client, who have a commitment to maintain these types of area in their
natural state.
On my client's behalf, I hereby request tht the City of Eagan reduce the
net usable area for determing the Park and Trail Dedication Fee to .68 acres. If
you would like to discuss this matter, please let me kre4~i.
Yours Truly,
.~ -~ ~ /~~
David J. Schoenecker
Attorney at Law
c: Dr. Todd M. Thomas, D.D.S.
Dr. Loren J. Taple, D.D.S.
James A. Strapko, Architect, Ltd.
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Agenda Information Memo
May 17, 2005 City Council
C. FINAL PLAT (HALLEY'S 2ND ADDITION) - MANLEY LAND
DEVELOPMENT
ACTION TO BE CONSIDERED:
To approve a Vacation of existing drainage and utility easements upon Lots 1 and 2, Halley's
Addition, located at the southwest corner of Red Pine Lane and Biscayne Avenue in the SE of/a
of Section 36.
To approve a Final Plat (Halley's 2°a Addition) to create one lot on approximately 1.76 acres
upon property located on the southwest corner of Red Pine Lane and Biscayne Avenue in the SE
%4 of Section 36. The approval of this Final Plat is conditioned on the existing Conditional Use
Permits on the property becoming null and void.
REQUIRED VOTES FOR APPROVAL: Majority of Councilmembers present
FACTS:
- This Final Plat combines two parcels into a one platted lot.
- There are existing Conditional Use Permits pertaining to the two existing parcels which will
become null and void with this Final Plat. Staff has discussed this matter with the applicant
and the applicant is agreeable to terminating and voiding these Conditional Use Permits.
- A public hearing on the petition to vacate existing drainage and utility easements within this
site was held on May 3, 2005. Action on the question was withheld to be done concurrently
with the final plat.
- The vacation of easements is necessary for the two parcels to be combined and developed as
a single lot.
- New public drainage and utility easements, as required, are being dedicated with the final plat
of Halley's 2"d Addition.
ATTACHMENT~(1):
Final Plat, page
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Agenda Information Memo
May 17, 2005 Eagan City Council
VII. NEW BUSINESS
A COMPREHENSIVE GUIDE PLAN AMENDMENT - PASTER
ENTERPRISES, INC.
ACTION TO BE CONSIDERED:
To direct that a Comprehensive Guide Plan Amendment to change the land use designation
from Special Area -Office/Service, to Special Area -Retail Commercial, upon approximately
24 acres located north of Yankee Doodle Road and west of Central Parkway in the SE '/4 of
Section 9, be submitted to the Metropolitan Council for review and approval.
REQUIRED VOTE FOR APPROVAL: At least four votes
FACTS:
- The applicant is requesting a change in the land use designation from SA -Office/Service
to SA -Retail Commercial on the 24-acre site.
- A conceptual site layout shows 177,320 sq. ft. of retail and restaurant space in four
buildings.
- In 2001, the City Council denied Target Corporation's request for an amendment to
change this site to a commercial retail land use designation.
- The City of Eagan's first Comprehensive Land Use Guide Plan in 1974 identified the use
of this property as a Research and Development and it remained so until 1995.
- In subsequent amendments to the Comprehensive Guide Plan, including the most recent
update in 2001 and the 2003 Special Area 4 plan, the property retained the office land use
designation.
- The 2003 Special Area 4 plan identifies the ultimate zoning of this property as Research
and Development. This property was envisioned to complete a corporate campus area
which includes three other existing office buildings.
- The proposed Retail Commercial land use for the subject site represents a significant
change in the City's long standing "major office" land use directive for the site, and raises
some traffic-related issues.
- The configuration of Central Parkway in the area of this property was not designed to
accommodate the estimated traffic to be generated with the proposed change in land use.
- The APC held a public hearing on the proposed Comprehensive Guide Plan Amendment
on Apri126, 2005 and recommended denial of the land use designation amendment.
60-DAY STATUS: Deadline is May 15, 2005
ATTACHMENTS (3):
Apri126, 2005, APC Minutes, pages through po[.
Staff Report, pages through
Correspondence from Howard Paster, Paster Enterprises, pages through
~9
MINUTES OF A REGULAR MEETING OF THE
EAGAN ADVISORY PLANNING COMMISSION
EAGAN, MINNESOTA
April 26, 2005
A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday,
April 26, 2005 at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Heyl,
Members Dugan, Matthees, Hansen, Bendt, Leeder, Gladhill, and Chavez. Also present
were, City Planner Mike Ridley, Planner Sheila Cartney, Planner Pam Dudziak, City
Attorney Bob Bauer, Assistant City Engineer John Gorder, and Recording Secretary
Camille Yungerberg.
AGENDA
Member Leeder moved, Member Bendt seconded a motion. to adopt the Agenda.
All voted in favor. Motion carried 7-0.
March 22, 2005 ADVISORY PLANNING COMMISSION MEETING MINUTES
Member Leeder moved, Member Chavez seconded a motion to approve the March 22,
2005 Advisory Planning Commission Meeting minutes.
All voted in favor. Motion carried 7-0.
III. VISTITORS TO BE HEARD (10 MINUTE .TOTAL TIME LIMIT)
There were no visitors to be heard.
IV. PUBLIC HEARINGS
New Business
A. Paster Enterprises
Applicant Name: Paster Enterprises, LLC.
Location: Property North of Yankee Doodle and West of Central Pkwy;
Application: Comprehensive Guide Plan Amendment
A Comprehensive Guide Plan Amendment of approximately 23.92 acres from Special
Area-Office/Service to Special Area-Commercial Retail.
File Number: 09-CG-02-03-05
Planner Dudziak introduced this item and highlighted the information presented in the
City Staff report dated April 21, 2005. She noted the background and history.
Howard Paster, Paster Enterprises, LLC discussed the history of his company and the
proposal.
Chair Heyl opened the public hearing.
8d
City of Eagan
Advisory Planning Commission
April 26, 2005
Page 2
Kenneth Morrison, Gramercy Club resident stated concern for traffic, road construction,
noise associated with retail activity, appearance of the building and screening between
the shopping center and the Gramercy residential building.
Neil Black, Gramercy Club resident, stated the residents have the expectation, based on
the Comp Plan and comments from the City Council, that the property would have an
office space designation and that there hasn't been good reason given to change it.
Richard Neufeld, 3442 Highlander Drive, an adjacent townhome resident, stated he and
other Surrey Heights residents were glad the Target proposal vvas denied, and they
hope the City does not make the land use change now. He stated preference for the
office land use designation.
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 Quarry Road would be extended across
Quarry Park and this property with development, regardless of the type of land use
designation. The Gramercy Club property vvas designed to accommodate such an
extension and access from the north. He stated the majority of traffic is anticipated to be
directed to the east onto Central_Parkway.
Member Hansen asked Mr. Paster for explanation of the traffic calculation.
Vernon Swing, Traffic Engineer with RLK-Kuusisto, Ltd. explained that an office
development would have peak times for traffic, whereas a retail development's .traffic is
distributed throughout the day. Therefore, since the traffic is spread out throughout the
day, the impact on the roadways and on congestion is less.
Mr. Gorder stated staff agrees with Mr. Swing; however the impact on Yankee Doodle
Road is not clear at this time.
Chair Heyl asked the applicant what has changed since the Target proposal in 2001, to
make this proposal more attractive to the City of Eagan.
Mr. Paster stated a mix of uses is proposed, rather than one large store. He said this
would create more of a community neighborhood feel.
Ken Henk, Paster Enterprises, LLC added that the 2001 proposal was for a large one
box retailer, the types of uses are different and more attractive.
8/
City of Eagan
Advisory Planning Commission
April 26, 2005
Page 3
Chair Heyl stated disagreement with the proposed Retail Commercial land use
designation. She stated the following reasons for denial, from the 2001 Target proposal
have not changed:
• Changing the land use from Central Area to RC, Retail Commercial would not
better adapt itself to the physical and aesthetic setting of the Property and the
surrounding area.
• The Applicant failed to provide any evidence to indicate that the existing land use
designation is in error, or that conditions have changed such that an amendment
to the comprehensive Guide Plan is necessary.
• Retail traffic generated from the Property would have an adverse impact upon
the City's present transportation plans for the Central Area.
• The Property continues to enjoy a viable use as Special Area -- Office/Service,
for major office uses.
Member Gladhill stated opposition to the proposal, however stated he may be in favor of
a development that included office development with some commercial uses, but not all
commercial retail
Members Hansen and Leeder stated opposition to the proposal.
Member Bendt asked if a traffic signal light is planned for Quarry Road and Central
Parkway.
Assistant City Engineer Gorder responded that a signal light is not planned at this time,
and traffic numbers would have to warrant if first.
Member Chavez moved, Member Hansen seconded a motion to recommend denial of a
Comprehensive Guide Plan Amendment to change the land use designation from
Special Area-Office/Service to Special Area-Retail Commercial upon approximately 24
acres located north of Yankee Doodle Road and west of Central Parkway in SE'/4 of
Section.9 because the following items have not been satisfied:
• Changing the land-use from Central Area to RC, Retail Commercial, would not
better adapt itself to fhe physical and aesthetic setting of the Property and the
surrounding area.
• The Applicant failed to provide any evidence to indicate that the existing Special
Area-Office/Service designation is in error, or that conditions have changed such
that an amendment to the Comprehensive Guide Plan is necessary.
• Retail traffic generated from the Property would have an adverse impact upon
the City's present transportation plans for the Central Area.
• The Property continues to enjoy a viable use as Special Area-Office/Service.
All voted in favor. Motion carried 7-0.
~~-
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: April 21, 2005
APPLICANT: Paster Enterprises, LLC
PROPERTY OWNER: Sara Irrthum
CASE: 09-CG-02-03-OS
HEARING DATE: Apri126, 2005
APPLICATION DATE: March 16, 2005
REQUEST: Comprehensive Guide PREPARED BY: Pamela Dudziak
Plan Amendment
LOCATION: North of Yankee Doodle Road, west of Central Parkway
COMPREHENSIVE PLAN: Special Area
ZONING: Agriculture
SUMMARY OF REQUEST
Paster Enterprises is requesting a Comprehensive Guide Plan Amendment to change the land
use designation from Special Area -Office/Service, to Special Area -Retail Commercial, upon
approximately 24 acres located north of Yankee Doodle Road and west of Central Parkway in the
SE 1/4 of Section 9.
AUTHORITY FOR REVIEW
The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section
473.864. As defined by statute, the Land Use Plan is a guide and maybe amended from time to
time as conditions change. The city's Guide Plan is to be implemented by official controls such
as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation
of public policy and a legislative act. As such, the classification of land uses must reasonably
relate to promoting the public health, safety, morals and general welfare. When a change to a
city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the
change is in the best long-range interests of the city. The standard of review of a city's action in
approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational
basis. A rational basis standard has been described to mean having legally sufficient reasons
supportable by the facts which promote the general health, safety and welfare of the city.
~3
Planning Report -Paster Enterprises
Apri126, 2004
Page 2
BACKGROUND/HISTORY
Histo -This property is zoned Agriculture and is currently cultivated, as it has been for many
years. The property is unplatted and contains no structures. This property has remained in
agricultural use while properties around it have developed.
In March 2000, the City acquired property in this area for the development of the Community
Center and Central Park. At the same time, Central Parkway was constructed through this area as
a public street connecting Yankee Doodle Road and Pilot Knob Road. Subsequently, the Argosy
school was built in this area, and adjacent to the northeast of the subject site. The Argosy
development left a remnant approximately 3-acre parcel west of Central Parkway and north of
Yankee Doodle Road, a stub street intended to extend west to Coachman Road with development
of the subject site. To the west, there is an existing single-family home adjacent to Yankee
Doodle Road, and the Gramercy senior condominium was built in 1999-2000. To the south
across Yankee Doodle Road is residential development, townhomes (built in 1972) and
apartments (built in 1985).
Zonin -This property is currently zoned Agriculture. The agriculture zoning dates back to
1959 or earlier.
Comprehensive Land Use Guide Plan -The city's first comprehensive land use guide plan and
map were prepared in 1974. That plan designated the property R&D, Research and
Development, and it remained so until 1995. In 1995 the City amended the Comprehensive
Guide Plan to designate the area surrounding the convergence of I-35E, Pilot Knob Road and
Yankee Doodle Road as CA, Central Area and adopted a small area land use plan for the Central
Area. The subject site was included in the northeast quadrant of the Central Area and was
identified in the small area plan for major office development. This property was envisioned to
complete a corporate campus area which also includes the Lockheed Martin (1967), Unisys
(1986) and Northwest Airlines (1982) office buildings. With the city-wide update of the
Comprehensive Guide Plan in 2001, the City adopted the new Special Area land use designation
which included this site and had the same boundaries as the previous Central Area. In addition,
the R&D land use designation was eliminated and under the new land use designation, properties
previously designated R&D were designated either O/S, Office/Service, or BP, Business Park.
With the adoption of an updated small area plan for Special Area 4 in 2003, this site was
designated for a land use of office/service.
In February of 2001, Target Corporation proposed a similar amendment to the land use
designation of this site from Central Area -Major Office to CSC, Community Shopping Center
(this application preceded the adoption of the Comp Plan update in Apri12001. Target
Corporation also proposed to rezone the property from Agriculture to CSC, Community
Shopping Center. The City Council denied Target's proposal for both the land use amendment
and the rezoning. The Findings state that the denial was for the following reasons:
8~
Planning Report -Paster Enterprises
Apri126, 2004
Page 3
• Changing the land use from Central Area to CSC, Community Shopping Center would
not better adapt itself to the physical and aesthetic setting of the Property and the
surrounding area.
• The Applicant failed to provide any evidence to indicate that the Central Area designation
is in error, or that conditions have changed such that an amendment to the comprehensive
Guide Plan is necessary.
• Retail traffic generated from the Property would have an adverse impact upon the City's
present transportation plans for the Central Area.
• The Property continues to enjoy a viable use as Central Area, for major office uses.
EXISTING CONDITIONS
The site is presently accessed from the south via Yankee Doodle Road, and from Central
Parkway to the east via an existing stub street, and Quarry Road to the west. Subdivision or
platting of the property will be required as part of future development of the property.
The site contains two wetlands totaling 1.8 acres and is traversed by a 100 foot wide gas
easement (in the extreme northwest corner of the property).
Mature vegetation exists along the site's eastern boundary and in the north-central portion of the
site (around a wetland).
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
Existin Use Zonin Land Use Desi nation
North Ponding; Argosy RD, Research and SA, Special Area -Office/Service
Develo ment
South Residential R-4, Residential Multiple HD, High Density Residential
and R-3, Residential (12+ u/ac);
Townhouse MD, Medium Density Residential
4-12 ulac
East Argosy; Vacant; RD, Research and SA, Special Area -Office/Service
Lockheed Martin Develo ment
West Residential; Park NB, Neighborhood O/S, Office/Service and P, Parks
Business and P, Park and Recreational Open Space
gs
Planning Report -Paster Enterprises
Apri126, 2004
Paee 4
EVALUATION OF REQUEST
PROPOSAL
The prospective developer of the property has submitted a conceptual development plan for the
site which calls for the construction of 177,320 square feet of commercial retail space in four
buildings upon the 24-acre site. The concept plan also shows the adjacent 4.25-acre parcel to the
east (the Duke parcel) and the adjacent 0.75-acre parcel to the southwest (the Gangl parcel) being
incorporated into a retail development on the subject site which would add another 20,000 sq. ft.
of retail space. The request to amend the Comprehensive Guide Plan land use designation,
however, applies only to the subject 24-acre parcel.
The applicant's narrative states "Our goal is to include the Duke parcel at some point in the
future. If this is unattainable, we believe the Duke parcel would be developed by a separate
owner but still be developed in a compatible manner with our proposed development. If we are
unable to incorporate Duke's parcel into our development we still will be able to develop the
Perron property on its own." The applicant has indicated that the owner of the Gangl property is
interested in combining that property with the 24-acre site for development, but did not want to
pursue the land use amendment at this time.
Access to the property is proposed from the south via Yankee Doodle Road (via aright-in/right-
out), from the east via a Quarry Lane connection to Central Parkway, and from the west via a
Quarry Lane connection to Coachman Road. Any development will proceed through the
subdivision process and must comply with the applicable zoning district requirements. The
applicant has indicated that the proposed zoning would be Planned Development and submitted
architectural design standards they intend to implement for the proposed development. These
architectural design standards are supplemental information only at this time. The action to be
considered in this application is whether to allow the change in land use from Office/Service to
Retail Commercial within Special Area 4. The specific development plans will be reviewed at
the time of rezoning and subdivision/platting.
ENVIRONMENTAL IMPACTS
Grading/Topog~aphy -The site is generally open with rolling topography and wooded areas along
the east edge of the property. The northem two-thirds of the site slopes to the north while the
southern one-third slopes south. Elevations range from 850 to 875.
Storm Drainage -The entire site lies within Drainage District C (as designated in the City Storm
Water Management Plan - 1990). The existing site has a split drainage pattern with the northern
portion flowing north and the southern portion flowing south. A wetland within the site is shown
on the site plan submitted as proposed to be modified and utilized for storm water management
and water quality purposes. Storm sewer and ponding is available to the north and south to serve
this site.
S6
Planning Report -Paster Enterprises
Apri126, 2004
Page 5
Trees/Ve etg ation -There are approximately 5.3 acres of significant woodlands on the site. The
City's Tree Preservation Ordinance sets the allowable removal for this type of development
between 30% and 47.5%. Based on the concept plan submitted, it appears that the proposed
development would result in nearly 100% removal of significant vegetation and mitigation would
be required. A detailed tree inventory and replacement plan will be required at the time of
subdivision application.
Wetlands/Water Quality -There is a natural wetland of reasonable size in the north central
portion of this parcel. A preliminary wetland delineation report has been accepted by staff with
the condition that site vegetative conditions be verified after mid Apri12005. Any development
of this parcel would need to be in accordance with Minnesota Wetland Conservation Act Rules
(Minn. Rules Ch. 8420). In addition, the development is required to meet standards for
stormwater runoff according to the water quality management plan.
Airport Noise -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 of its Metropolitan
Development Plan that anticipates the impacts from the continued operation of the airport at its
current location. The noise policy contours in Eagan place the northern two-thirds of the subject
property within Noise Zone 4. Within this area, commercial retail development is considered to be
consistent.
Summary -Environmental Impacts
The site contains gently rolling topography with wooded areas along the east edge of the site.
There are two wetlands on the property which appear to be impacted by the proposed
development. Any impacts to wetlands will require the necessary permits and mitigation. The
proposal is consistent with airport Noise Policy Zone 4. The site has a split drainage pattern and
storm sewer and ponding are available both north and south to serve the site.
INFRASTRUCTURE IMPACTS
Streets/Access/Circulation -The primary access for development of the site will be to "Quarry
Road" east to Central Parkway, an important section of the Ring Road concept designed to help
alleviate traffic congestion at the intersection of Yankee Doodle Road and Pilot Knob Road. It is
a 58-foot wide roadway with a bituminous trail, a landscaped center median and turn lanes at
major intersections, and a temporary configuration at its intersection with Yankee Doodle Road.
Yankee Doodle Road is programmed for future upgrade to a six-lane divided roadway. Along
with this upgrade, the Central Parkway/ Federal Drive intersection would be improved. The
current configuration and signal at the Central Parkway and Yankee Doodle Road intersection
may not provide an acceptable level of service with the estimated traffic generated with the
proposed change in land use. Development on this site would require updated operations
analysis to determine the extent of the intersection and roadway improvements necessary with the
proposed land use change.
8~
Planning Report -Paster Enterprises
Apri126, 2004
Page 6
The preliminary site plan shows access directly to Yankee Doodle Road (County Road 28). This
access point does not meet County spacing guidelines and may not be approved by the Dakota
County Plat Commission for the current undivided condition of Yankee Doodle Road. The
future upgrade of Yankee Doodle Road with a median may allow for restricted access to this
property with right-in/right-out movements only.
Also, any development of the site will be required to extend a public street ("Quarry Road" -with
horizontal and vertical curvature in accordance with City engineering standards} from Central
Parkway to the west edge of the property. This street will be extended west through Quarry Park
to serve as an east-west traffic reliever for Yankee Doodle Road and to provide street access for
the Gramercy Park senior housing development.
Easements/Permits/Ri~?ht-of--Way -Development of this site will be required to dedicate
sufficient right-of--way for the public street extending across the site (Quarry Road) and the future
upgrade needs of Yankee Doodle.
The existing natural gas line easement on the northwest portion of the site will remain.
Utilities -Lateral sanitary sewers are available to the east and south for connection by
development of this site. Sanitary sewer District N (as designated in the City's Comprehensive
Sanitary Sewer Plan - 2000) serves the entire site. The wastewater flows associated with possible
commercial/ retail development are estimated to be similar to those anticipated with existing
research/ development land uses. Therefore, the lateral and trunk sanitary sewer lines serving the
area would have sufficient capacity to accommodate the proposed land use change
Sanitary Sewer -Lateral sanitary sewers are available to the east and south for connection by
development of this site. Sanitary sewer District N (as designated in the City's Comprehensive
Sanitary Sewer Plan - 2000) serves the entire site. The wastewater flows associated with
possible commerciaU retail development are estimated to be similar to those anticipated with
existing research/ development land uses. Therefore, the lateral and trunk sanitary sewer lines
serving the area would have sufficient capacity to accommodate the proposed land use change.
Water Main -Water main is available along the east edge of the site. The water main should be
extended through the site along with the planned Quarry Road extension (see Streets/Access/
Circulation above).
Summary -Infrastructure Impacts
Street access is available to the site from both Central Parkway via a stub street, Quarry Road,
and from Coachman Road, via a proposed extension of Quarry Road to the west. The
configuration of Central Parkway in the area of this property was not designed to accommodate
the estimated traffic to be generated with the proposed change in land use. While the site has
frontage along Yankee Doodle Road, it is unknown whether the County will object to direct
access to Yankee Doodle Road. The 100-foot gas line easement that crosses the northwest
B 8'
Planning Report -Paster Enterprises
Apri126, 2004
Pate 7
comer of the site will remain. With platting of the property, the development will need to
dedicate the necessary right-of--way for the proposed extension of Quarry Road through the site
and any future expansion needs for Yankee Doodle Road. Sanitary sewer and water main are
available to serve the site.
COMPREHENSIVE LAND USE IMPACTS
CommerciaUIndustrial Land Use Designations - In the City of Eagan, land designated for
commerciaUindustrial uses in the Comprehensive Guide Plan totals approximately 4,350 acres,
or 32% of the non-residential land. The commercial/industrial land supply is categorized into
five designations: O/S, Office Service; RC, Retail Commercial; GC, General Commercial; BP,
Business Park; and IND, Limited Industrial. SA, Special Area, is a general land use category
which indicates a small area plan within which individual properties are specified for one of the
above listed land uses.
The Comprehensive Guide Plan specifies which zoning districts are considered consistent and
compatible with each land use designation. Within the Special Area, a small area plan lays out
specific goals and policies for that area, as well as specific land uses for each parcel within the
Special Area.
The proposed Retail Commercial (RC) land use designation is intended to provide "areas for a
variety of retail related uses. Shopping centers, supermarkets, drugstores, department stores,
convenience center/gas stations, restaurants, hotels and other businesses offering goods and
services are examples of uses allowed in this category." Zoning districts considered consistent
with the RC land use designation are Agricultural (A), Neighborhood Business (NB), General
Business (GB), Community Shopping Center (CSC), and Regional Shopping Center (RSC).
Commercial Land Supply
All of the land in the City is designated in the Comprehensive Guide Plan for one of three
general land use classifications -residential, commercial and industrial -excluding the public
and quasi-public property (parks, schools, churches, etc.) Excluding such properties, 15% of the
City's land supply is designated for commercial land uses, 21 % for industrial land uses, and 64%
for residential land uses.
Of the 1,487 acres of vacant and underutilized commerciaUindustrial land (December 2004), 102
acres or 6.9% is designated Retail Commercial or Special Area-Retail Commercial. 818 acres
(55%) is designated Business Park or Special Area-Office/Service, the two land use designations
that accommodate major office development. If the proposed land use amendment from Special
Area-Office/Service to Special Area-Retail Commercial is approved, this 24-acre major office
site would be taken out of the available land for office development, and the commercial retail
land supply would be increased to 8.5% of total vacant and underutilized residential land.
89
Planning Report -Paster Enterprises
Apri126, 2004
Page 8
Comprehensive Guide Plan Goals and Policies
The Special Area 4 plan states that the Central Area was established as an area of "mixed retail,
office, service and residential uses conveniently serving the shopping needs of the community at
large" and surrounding communities and also provides a significant corporate office employment
base. The subject site is currently identified as Office/Service (O/S) in the Special~Area 4 plan.
The O/S land use designation "provides areas for offices and lower intensity service and retail
businesses." Zoning districts considered consistent with the O/S land use designation are
Agricultural (A), Limited Business (LB), Neighborhood Business (NB), and Research and
Development (RD). Special Area 4 identifies the ultimate zoning for the subject site to be RD,
Research and Development.
The Special Area 4 plan also establishes several policies intended to guide development of the
Central Area, within which the following are considered relevant to this application.
- The City supports dense, quality mixed-use development, with a complete range of retail,
office, services, medium high-density residential and lifecycle housing and public space
uses within the Central Area. Proactive zoning, performance standards and design
guidelines will be considered to achieve these goals with any future large scale
redevelopment or reuse.
- The City will support development and redevelopment within the Central Area that
accommodates multi-modal transit as an integrated component of the area by providing
an access network compatible with pedestrian, vehicular and transit movement.
- The City will support development that enhances the existing natural and man-made
features within the Central Area because of the area's high visibility and exposure to
major roadways.
- The City will support and encourage future traffic and pedestrian safety improvements
throughout the Central Area .... Such improvements may include driveway access
management, traffic lane modifications, traffic signal installations, and sidewalk
installation.
The proposed Retail Commercial (RC) land use designation is intended to provide "areas for a
variety of retail related uses. Shopping centers, supermarkets, drugstores, department stores,
convenience center/gas stations, restaurants, hotels and other businesses offering goods and
services are examples of uses allowed in this category." Zoning districts considered consistent
with the RC land use designation are Agricultural (A), Neighborhood Business (NB), General
Business (GB), Community Shopping Center (CSC), and Regional Shopping Center (RSC).
While the addition of large-scale retail activities in the Central Area appears consistent with a
general directive of the Special Area 4 plan, (the establishment of retail uses), some concern
exists in regard to its proposed location in the northwest quadrant. The Special Area 4 plan calls
90
Planning Report -Paster Enterprises
Apri126, 2004
Page 9
for the establishment of major office use on the subject property thereby completing a full "ring"
of office uses around Central Park. The significant corporate office development and public
space in the northwest quadrant provides a balance to the existing commercial retail development
in other quadrants of the Central Area. The proposed commercial retail use of the subject site
represents a significant change in the City's long standing "major office" land use directive for
the site. In addition, the proposed commercial retail land use raises some traffic-related issues
discussed previously in this report. Specifically, to the extent that the area develops as a
significant retail node separate from those already present in the northeast and southeast
quadrants, it can be anticipated that more shopping trips will be drawn through the Yankee
Doodle/Pilot Knob intersection rather than being concentrated on the east side of I-35E and Pilot
Knob Road. A determination as to the acceptability of the proposed commercial retail use of the
subject property is considered a policy matter to be determined by City Officials.
Summary -Comprehensive Land Use Impacts
The Central Area was established as an area of mixed retail, office, service and residential uses
conveniently serving the shopping needs of the community at large and surrounding communities
and also provides a significant corporate office employment base. The Special Area 4 plan also
establishes several policies intended to guide development. These policies support quality
mixed-use development with proactive zoning, performance standards and design guidelines;
development that incorporates multi-modal transit as an integrated component, that enhances the
existing natural and man-made features, and traffic and pedestrian safety improvements. The
proposed commercial retail use of the subject site represents a significant change in the City's
long standing "major office" land use directive for the site, and raises some traffic-related issues
discussed in greater detail elsewhere in this report.
PARKS AND RECREATION SYSTEM
The subject parcel is located within Park Service Area 9. This Service Area is currently served by
two neighborhood parks, Quarry Park and Pilot Knob Park, and is located in close proximity to a
Community Park, Central Park, and the Eagan Community Center. This combination of facilities
provides adequate opportunity for existing residential neighborhoods and has the capability to
accommodate an increased service base.
The request of Paster Enterprises consists entirely of commercial retail development. The user
impact would consist primarily of the casual use of facilities, most likely the trails, by customers
of the restaurants and perhaps the stores. There maybe some interest in the Community Center
use by employees of the new businesses. Because of the absence of a residential component, no
consistent impact on the facilities is likely to be realized.
The primary impact of the development to the parks would be the physical impact caused by the
City-desired new east/west through street. This road will pass through Quarry Park necessitating
the relocation of the existing play ground structure and basketball court. Replacement of these
facilities would be highly desirable to retain the qualities of the park and the service capabilities.
9i
Planning Report -Paster Enterprises
Apri126, 2004
Paee 10
The existing trails along Central Parkway would also be bisected by the new road and /or
driveways necessitating additional traffic control. A grade separated trail along the new
east/west road would also be highly desirable.
Summary -Parks and Recreation System
Existing park and recreation facilities in this area provide adequate opportunity for existing
residential neighborhoods and have the capability to accommodate an increased service base.
Because of the absence of a residential component, no consistent impact on the facilities is likely
to be realized. Some increased use of the trails, and possibly increased use of the Community
Center by new employees, maybe experienced. The primary impact of the development to the
parks would be the physical impact caused by the new east/west through street, which will pass
through Quarry Park requiring relocation of an existing play ground structure and basketball
court to maintain the qualities and service capabilities of the park. A grade separated trail along
the new east/west road would also be highly desirable.
SUMMARY OF FINDINGS
General Considerations
• Paster Enterprises is requesting a change in land use designation from SA-Office/Service to
SA-Retail Commercial, for approximately 24 acres of property currently zoned Agricultural
and located north of Yankee Doodle Road and west of Central Parkway.
• When the City of Eagan prepared its first Comprehensive Land Use Guide Plan in 1974, the
Plan identified the use of this property as a Research and Development and it remained so
until 1995.
• With subsequent amendments to the Comprehensive Guide Plan, the property retained and
office use designation. This property was envisioned to complete a corporate campus area
which includes three other existing off ce buildings.
• With the city-wide update of the Comprehensive Guide Plan in 2001, the City adopted the
Special Area land use designation and identified this property for Office/Service land use
with an ultimate zoning of Research and Development.
• The RC land use designation is intended to provide areas for a variety of retail related uses
such as shopping centers, supermarkets, drugstores, department stores, convenience
center/gas stations, restaurants, hotels and other businesses offering goods and services.
• A similar proposal for a retail land use on this site was denied in 2001.
• The concept plan submitted by Paster Enterprises involves proximately 177,000 sq. ft. of
retail and restaurant space in several buildings.
9~
Planning Report -Paster Enterprises
Apri126, 2004
Pace 11
Environmental Impacts
• The site contains gently rolling topography with wooded areas along the east edge of the site.
• There are two wetlands on the property which appear to be impacted by the proposed
development. Any impacts to wetlands will require the necessary permits and mitigation.
• The site has a split drainage pattern and storm sewer and ponding are available both north
and south to serve the site.
• The proposal is consistent with airport Noise Policy Zone 4.
Infrastructure Impacts
• Street access is available to the site from both Central Parkway via a stub street, Quarry
Road, and from Coachman Road, via a proposed extension of Quarry Road to the west.
• The configuration of Central Parkway in the area of this property was not designed to
accommodate the estimated traffic to be generated with the proposed change in land use.
• While the site has frontage along Yankee Doodle Road, the proposed access does not appear
to meet Dakota County spacing guidelines.
• The 100-foot gas line easement that crosses the northwest corner of the site will remain.
• With platting of the property, the development will need to dedicate the necessary right-of-
way for the proposed extension of Quarry Road through the site and any future expansion
needs for Yankee Doodle Road.
• Sanitary sewer and water main are available to serve the site.
Comprehensive Land Use Impacts
• The Central Area was established as an area of mixed retail, office, service and residential
uses conveniently serving the shopping needs of the community at large and surrounding
communities and also provides a significant corporate office employment base.
• The Special Area 4 plan establishes policies that support quality mixed-use development with
proactive zoning, performance standards and design guidelines, development that
incorporates multi-modal transit as an integrated component, that enhances the existing
natural and man-made features, and traffic and pedestrian safety improvements.
9~
Planning Report -Paster Enterprises
Apri126, 2004
Page 12
• The proposed commercial retail use of the subject site represents a significant change in the
City's long standing "major office" land use directive for the site, and raises some traffic-
related issues.
Parks and Recreation System
• Existing park and recreation facilities in this area provide adequate opportunity for existing
residential neighborhoods and have the capability to accommodate an increased service base.
• Because of the absence of a residential component, no consistent impact on the facilities is
likely to be realized. Some increased use of the trails, and possibly increased use of the
Community Center by new employees, maybe experienced.
• The primary impact of the development to the parks would be the physical impact caused by
the new east/west through street, which will pass through Quarry Park requiring relocation of
an existing play ground structure and basketball court.
• A grade separated trail along the new east/west road would also be highly desirable.
ACTION TO BE CONSIDERED
To recommend approval of a Comprehensive Guide Plan Amendment to change the land use
designation from Special Area-Office/Service to Special Area-Retail Commercial upon
approximately 24 acres located north of Yankee Doodle Road and west of Central Parkway in SE
'/4 of Section 9.
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Civil and Transportation Back,~round
Eagan Retail Development (Perron Property)
Eagan, Minnesota
Prepared By:
RLK-Kuusisto, Ltd.
March 23, 2005
Existing Conditions/Project Overview
The existing site consists of approximately 27 acres of land including the 3.5 acre Duke parcel; the site
may be developed with or without Duke's participation. The site is bordered by Yankee Doodle Road on
the south; the Gramercy Park senior housing complex and a public park are located west of the site. A
building and parking lot owned by Argosy University lie northeast and north of the site, while Federal
Way forms the southeast corner of the site. An existing gas main bisects the northwest corner of the site.
The site's rolling terrain is presently farmed. The undulating topography has allowed for pockets of
volunteer trees to sprout. A central area of the site includes a cluster of overstory cottonwood and box
elder trees and soils that exhibit wetland characteristics.
The site is accessed via the east central location to Federal Way; this is the same Federal Way access
location utilized by Argosy University.
The site's rolling.topography and the need to match grades around the perimeter of the site has prohibited
placement of large blocks of buildings. The proposed site plan features structures set at varying finished
floor elevations, which will create added visual interest to the property.
Grading
In order to accommodate the varied site topogaphy, the site plan proposes multiple stepped building
pads. This will allow stepping of floor elevations to provide a smooth grade transition across the site and
mimic the profile of Yankee Doodle Road. The site plan has reduced steep grade transitions and retaining
walls that would be necessary if large building footprints were proposed. The site plan creates a series of
building stepped throughout the site.
Ponding/Wetland Mitigation
At present, drainage patterns on the site generally flow to a single low-lying wetland area in the north
central portion of the property. Although great care has been taken to avoid impacts to this wetland, the
wetland's location, geometry, and surrounding grade differentials are quite challenging and impacts to the
wetland have proven unavoidable in order to allow development of the site, as well as extension of
Quarry Road through the site.
Civi! and Trans ortation Back round ` ~ / March 23 2005
P 9 / _
Eagan Retai! Development (Perron Property) ~ ~ ~, ._ ~ „~ ;;, ~, r-, r i ~ ; _~, Page 1 of 3
The proposed wetland mitigation has been designated as an extension of the existing wetland, and
positioned to work in concert with the proposed stormwater pond in the northwest comer of the site. The
northwest stormwater pond has been placed to allow the pond to be connected to previously constructed
stormwater ponds just north of the site. The on site stormwater pond has been conceptually designed to
meet the water quality standards of the City of Eagan and the Minnesota Pollution Control Agency, The
development team proposes to work with City staff to minimize the wetland impacts through the use of
terraced building footprints and retaining walls and observe the proper avoidance and sequencing
procedures as required by City ordnance and the Wetland Conservation Act.
Utilities
The proposed site development will require the extension of sanitary sewer and watermain through the
site as well as construction of storm sewer lines to convey runoff to the stormwater pond. As part of the
wetland mitigation and stonnwater pond construction, an existing gas main, which runs diagonally
through the northwest portion of the site, will need to be lowered to accommodate grade changes. In
accordance with gas company regulations, the lowering of this main will be completed during the non-
peak season (between late spring and early fall) so that gas service to adjacent areas is not affected.
Quarry Road Extension
As part of the site development, Quarry Road will be extended through the site from its existing
termination at the east edge of the site, to Coachman Road, west of the site. The roadway will be
constructed to City standards through funds contributed by the Developer for that portion of the roadway
passing through the site and will be contained within a dedicated 70-foot public right-of--way.
Traffic/Access
RLK has completed a preliminary analysis of the traffic-related impacts of the proposed "Eagan Retail"
site in Eagan. The following text sumnnarizes the results of our preliminary assessment.
Introduction
Two different scenarios were considered in order to provide a comparison as to the impacts of each. The
first scenario considers conditions assuming build-out of the site with retail land uses as planned. The
second scenario considers conditions with full build-out assuming an office land use.
In order to provide an accurate comparison, the square footage of each land use to be constructed was
calculated from the available parking area and estimated City code requirements for parking/green .space
for different land uses. Based on the area available for parking and the City code requirements, 197,000
square feet of retail space could be accommodated; while up to 243,000 square feet of office space could
be provided.
Civil and Trans ortation Back round ~~
p g March 23, 2005
Eagan Retail Development (Perron Property) Page 2 of 3
Trip Generation
A trip generation comparison was completed to compare the travel demand, as measured by vehicle trips,
of the two alternative scenarios. The numbers of vehicular trips to the site during the AM and PM peak
hours were estimated using the data and methodologies contained in the 7~ Edition of TriT General tion,
published by the Institute of Transportation Engineers (ITE). Table 1 summarizes the results of the
"Retail" analysis. Reductions for Pass-By trips, as calculated per TTE data and procedures are noted.
Where ITE data was unavailable, a 10% pass-by percentage was assumed. No reduction was taken for
shazed trips, consistent with the retail-only trip generation characteristics.
Table 1
Tri Generation Estimates -Retail Scenario
ITE AM AM PM PM Daily
Land Use Code Size Enter Exit Enter Exit - Total
S ecial Retail 814 187,000 s.f. 85 55 223 281 8,287
High-Turnover Sit- 932 10,000 s.f. 60 55 67 43 1,272
Down Restaurants
145 110 .290 327
C-rocs Totals 9,559
255 616
Pass-By Trip 7 7 49 49 956
Reduction 14 98
0 138 103 241 278 g 603
Net Totals 197 00
s.f.
' '
241 519
Table 2 summarizes the results of the "Office" analysis. Pass-by and shared trips were both assumed to
be negligible, consistent with office-only trip generation characteristics.
Table 2
Tri Generation Estimates -Pro osed Land Use
ITE `~ AM PM PM Daily
Land Use Size
Code Enter Exit Enter Exit Total
General Office 710 243,120 s.f. 332 45 62 301 2,677
s 332 62
Net Total 243,120 s.f. 2'677
377 363
Conclusions
Comparison of Tables 1 and 2 suggests the following conclusions:
Choosing the Retail scenario would result in an estimated 136 fewer trips during the AM peak hour,
156 more trips during the PM peak hour, and 5,926 more weekday daily trips, on average, than if the
Office scenario were chosen.
^ On a peak directional basis, the Retail scenario would add 194 fewer AM entering trips and 23 fewer
PM exiting trips than the Office scenario.
^ Based upon the observation that delay to mainline traffic is primarily due to green time being diverted
to the peak directional demand from adjoining land uses, the choice of the Retail- scenario would
provide a net benefit over the Office scenario during both the AM and PM peak hours.
Traffic and transportation engineering concerns may be addressed to Vernon Swing or Nick Erpelding at
952-933-0972.
G:~PasterEnterprises~2004-799-Ivn Correspondence~Narrative03-23-OS.doc
Civil and Transportation Background
Eagan Retail Development (Perron Property)
March 23, 2005
Page 3 of 3
COMPREHENSIVE GUIDE PLAN:
Existing Comprehensive Plan/Land Use Map calls out the Perron Property as
Special Area #4 -Central Area.
Proposed Comprehensive Guide Plan Designation would be to have specific
goals and policies developed similar to the NE Quadrant which encompasses
Eagan Promenade.
ZONING CLASSIFICATION:
Exiting Zoning Classification for the Perron Property is A -Agriculture.
Proposed Zoning Classification would be PD -Planned Development,
similar to the Eagan Promenade Project.
TIMING/PHASING:
TASK TIMING
Com rehensive Guide Plan Amendment S rin /Summer 2005
PD Cit A royal Summer/Fall 2005
Construction Document Production Phase Fall/VVinter 2005
Construction Phase S rin 2006 thru Summer 2007
/~ Eagan/Paster
0408.1164.01
March 16, 2005
. , ~~ 1 ~
EXISTING LAND USE:
Perron Property parcel is guided Agriculture and being used as such.
SURROUNDING LAND USES/ZONING:
LAND USES
North SA #4 -Central Area
MD -Medium Densi Area Central ParklCommunity Center
Office and Housin
East SA #4 -Central Area Office and Commercial
South SA #4 -Central Area
HD -High Density
MD -Medium Densit Office, Commercial and Housing
West MD -Medium Density
RC -Retail Commercial
O/S -Office Service Office, Commercial, Housing and Park
ZONING
North- P -Park
RD -Research and Development
R-3 -Residential Townhouse
East RD -Research and Development
LB -Limited Business
South PD -Planned Development
R-4 -Residential Multi le Commercial, Retail and Office
West LB -Limited Business
P -Park
R-4 -Residential Multi le
/O EagaNPaster
0408.1164.01
March 16, 2005
COMPATIBILITY:
The infill project proposed for Perron Property addresses a number of items
mentioned in the Eagan Land Use Plan.
• It adds commercial to the mix of office in the NW Quadrant of the
Central Business Area.
• It provides for the construction of Quarry Road connecting Central
Parkway and Coachman Road, which moves traffic in an
east/west direction off of Yankee Doodle Road.
• A pedestrian network will provide aclear/easy access to the
Project.
• Project will be developed with a unified identity and supported by
goals and policies called out in the proposed Design Standards
(Standards to follow under separate cover.)
• Open space is maintained for both Storm Water Management and
Wetland Reconstruction, and is adjacent to a City Park providing
open space and a natural area.
• Orientation of the project is toward Yankee Doodle Road and
Central Parkway away from the neighboring residential
developments and parks.
j~ Eagan/Palter
/ ~ 0408.1164.01
March 16, 2005
PERRON PROPERTY
YANKEE DOODLE ROAD
DESIGN STANDARDS
KKE NO.: 0408.1164.01
KKE ARCHITECTS
PASTER ENTERPRISES
PERRON PROPERTY
DESIGN STANDARDS
INDEX
ARCHITECTURAL STANDARDS ...................1
BUILDING ORIENTATION......... ...1
BUILDING DESIGN .................. ...1
SCREENING ........................... ...3
LANDSCAPE AND SITE TREATEMEN T.........4
PLANTING ............................. ...4
PARKING ............................... ..6
WALKS AND TRAILS ..................6
LIGHTING .................................7
STREETSCAPE ELEMENTS..... ...?
SIGNS ........................................... ...........8
TYPES .....................................8
NUMBER OF/SIZES/HEIGHTS.....9
PLACEMENT/LOCATION .......... 12
THEME .................................. 13
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PERRON PROPERTY
YANKEE DOODLE ROAD
DESIGN STANDARDS
KKE NO.: 0408.1164.01
KKE ARCHITECTS
PASTER ENTERPRISES
ARCHITECTURAL STANDARDS
BUILDING ORIENTATION
Policy
• Require that buildings be orientated to the street activity as well as the activity in the
parking lot where possible.
• Grouping of building to help define usable outdoor space.
• Taller buildings should be used in ways to provide emphasis at intersection, or to
highlight a terminal view.
BUILDING DESIGN
BUILDING MASS
Policy
• Varying scale of buildings should be
encouraged.
• Varying roofline to create interest in design
styles encouraged.
Standards
• Building coverage of not more than 40
percent may be accepted. Total sizes:
230,000 S. F. maximum; Individual Size:
75,000 S. F. maximum and maximum
140,000 S. F. of tenants 20,000 S.F. or
larger.
• Large areas of blank wall surtace facing
the street front is discouraged. Continuous
stretch of a single facade discouraged
unless the building has a singular use.
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PERRON PROPERTY
YANKEE DOODLE ROAD
DESIGN STANDARDS
KKE NO.: 0408.1164.01
KKE ARCHITECTS
PASTER ENTERPRISES
FACADE DESIGN
Policy
• Monotony of design in single or multiple
building projects shall be avoided.
• Undulating facade shall be encouraged.
• Architectural character will be consistent
with existing context such as the
Community Center design.
_ ,;
Standards
• Exterior facade treatment shall be
designed in a manner that creates
interest to the pedestrian.
• Tower forms, brick treatment, decorative
columns will be incorporated into facade
design.
BUILDING MATERIALS
Policy
• Materials shall be selected for suitability to the type of
buildings and the design in which they are used. Building
walls should be finished in aesthetically acceptable tones
and colors, complement the tones and colors of
neighboring buildings.
• Materials shall be durable quality.
Standard
• Exterior wall treatments like brick, natural stone, terra cotta
and decorative concrete block, stucco and architectural
metal panels shall be used. Other similar materials may
be acceptable.
• All wood treatment shall be painted and weather proofed.
• A minimum of 25 percent of the facade shall be treated
with the finished masonry building material.
• Earth tone colors of exterior materials compatible and
complementary to adjacent buildings shall be encouraged.
• Blank single masonry walls must consist of 25% of
decorative masonry variation in color, texture or surface.
/09
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PERRON PROPERTY
YANKEE DOODLE ROAD
DESIGN STANDARDS
KKE NO.: 0408.1164.01
KKE ARCHITECTS
PASTER ENTERPRISES
DOORS AND W/NDOWS
Policy
• Visible entry from the street or a marked
paved or well lit pathway encouraged.
• Canopies shall be encouraged at
entryways and shall meet city
requirements for their projection.
• Window frame, material and color to
complement architectural style.
• Window openings may be modulated to
scale and proportion complementary to
the architectural style.
• Vertically proportioned windows should
be encouraged.
• Decorative lintels and opening heads
encouraged.
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Standard
• Canopies and awnings shall be made of various materials and colors.
• A minimum eight feet clear space shall be provided from sidewalk elevation to the
lowest point of a canopy and/or suspended sign.
• Combination of glass and masonry will be encouraged along street fronts.
• Window frames shall be constructed of metal.
• Windowsill at base facade shall be a minimum of 1-'/z feet above interior slab level.
• Window and doors shall be glazed in clear glass with no more than 10 percent daylight
reduction. Mirrored windows shall be discouraged.
SCREENING
Standard
• Loading areas, serviced doors, mechanical equipment or other utility hardware on
ground, roof, or building shall be screened from public view with materials
complimentary with the building, or they shall be so located as not to be visible from any
public ways.
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PERRON PROPERTY
YANKEE DOODLE ROAD
DESIGN STANDARDS
KKE NO.: 0408.1164.01
KKE ARCHITECTS
PASTER ENTERPRISES
FRANCHISE DESIGN
Policy
• Franchise design shall utilize materials,
scale and style of architectural standard
guidelines.
Create a homogenous sense of space
even while each business could create its
own special look with the parameters set
by management and the areas design
guidelines.
LANDSCAPE AND SITE
TREATMENT
PLANTING
Policy
• Plant material is to be utilized within the
site area as an aid to provide continuity
within the area and to provide a
recognized definition of its boundaries.
Standards
• Parkway like street trees wil! be utilized
along all external and internal roadways
placement as to not block visibility of
commercial signage.
• Unity of design shall be achieved by
repetition of certain plant varieties and
other streetscape materials and by
correlation with adjacent development.
Entry points into the areas are to be
significantly landscaped and are to be
designed with a common theme.
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PERRON PROPERTY
YANKEE DOODLE ROAD
DESIGN STANDARDS
KKE NO.: 0408.1164.01
KKE ARCHITECTS
PASTER ENTERPRISES
• A "Grand Boulevard" is to connect the
north and south areas reinforcing their complimentary uses and providing a strong
visual corridor.
Policy
• Plant material is to be utilized as a screening element for parking and building utility
areas.
Standards
• Plant materials are to be utilized within
parking lot islands within the area,
grouped massing of landscape
encouraged in parking lots versus island
planting to maximize landscape impact
and allow functional snow removal and
storage.
• All loading service, utility and outdoor
storage areas shall be screened from all
public roads and adjacent differing land
uses. When natural materials are used
as a screen, the screen shall achieve
75% capacity year round.
• Lighting provided in landscaped areas are
encouraged and should be directed away
from public right-of-way.
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Policy
• Preservation of natural areas is encouraged where possible.
Standards
• Natural areas that are removed due to the development are to be replaced in a manner
that benefits the area.
Policy
• The landscape design of each area within the site boundaries is to be reviewed to
determine if the landscape treatment helps to beauty and unify the overall area.
Despite this approach, individual landscape designs that help enhance architectural
features, promote individuality, provide shade, strengthen vistas and axis is
encouraged.
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PERRON PROPERTY
YANKEE DOODLE ROAD
DESIGN STANDARDS
KKE NO.: 0408.1164.01
KKE ARCHITECTS
PASTER ENTERPRISES
Standards
• Plant material shall be selected in regard to its interesting structure, texture, color,
seasonal interest and its ultimate growth characteristics.
• Where building sites limit planting, the placement of plant materials in planters or within
paved areas is encouraged.
PARKING
Policy
• All developments should encourage a strong connection between the building and
parking areas through unified construction of elements, pedestrian paths and entries.
Standards
• Pedestrian passageways through the
parking areas are encouraged.
• Pedestrian passageways are to be lit
with pedestrian height lighting (12-20')
and are to be lit to an average of one-
foot candle.
Policy
• Commercial buildings and sites must
accommodate pedestrian as well as
auto traffic.
Standards ' ~" - ~ ,E "°
• All pedestrian crosswalks shall be clearly defined with signage, changes in pavement
type, or painted walk areas. Parking stall standards must meet City Zoning ordinance
requirement.
• When determined appropriate, commercial buildings are to accommodate
bicycle/motorcycle parking areas and bike rack design.
WALKS AND TRAILS
Policy
• Multi-use trails should connect public parks, open space and other commercial and
residential areas, reinforcing the bike and pedestrian network within the site. The site's
drainage way should serve as a spine for connective multi-use trails.
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PERRON PROPERTY
YANKEE DOODLE ROAD
DESIGN STANDARDS
KKE NO.: 0408.1164.01
KKE ARCHITECTS
PASTER ENTERPRISES
Standards
• Trails shall be separated from roadways, providing a secondary transportation network
within the area.
• Multi-use trails are to have clearing delineated crossing points at roadways with
accessible curb cuts.
• Multi-use trails shall be a minimum of 8 feet in width.
LIGHTING
Policy
• Lighting of the site should provide continuity
and consistency throughout the area.
Standards
• Exterior lighting, when used, shall enhance the
building design and the adjoining landscape.
• Lighting standards and building fixtures shall be
of a design and size compatible with the
building and adjacent areas. Lighting used in
the adjacent area should be encouraged
throughout the site.
• Lighting shall be restrained in design and
excessive brightness avoided.
STREETSCAPE ELEMENTS
Policy
• Urban streetscape elements such as a clock
tower and hard edge plaza treatment shall be
encouraged.
Standards
• Design character, streetscape and other
planning elements shall be consistent with
quality of other project in this area.
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PERRON PROPERTY
YANKEE DOODLE ROAD
DESIGN STANDARDS
KKE NO.: 0408.1164.01
KKE ARCHITECTS
PASTER ENTERPRISES
SIGNS
TYPES
This section of the site's Design Guidelines address the following signs:
1. Area Identification Signs: A freestanding sign (a pylon or monument) located at an
entrance way or a focal point, identifying a land development having a common identity.
Area identification signs could identify any businesses.
2. Business Identification Signs: Any sign which identifies a business or group of
businesses, either retail or wholesale, or any sign which identifies a profession or is
used in the identification or promotion of any principal commodity or service, including
entertainment, offered or sold upon the premises when such sign is located. These
would include:
a) Freestanding
MonumentaUBusiness Sign:
Self-supporting sign not affixed to ~ ~ , ~ ~.:-
another structure. This may be '' ~' ~ ' ~ ~ ;~ ~~ , .~ ~`~°
constructed as monument si n. "~` ~'';'u t ~, '" ~' '~
b) Wafl Sign: A sign affixed to the ~._ ' ,~ _..~Q sr' S' ! ~ ~` j=~
exterior wall of a building and ~ ~ ~ ~` ° ,.
which is parallel to the building ;~ ~ _ ,~~ ,,- . =: ~r `~
wall. - T"
c) Address Sign: Postal ,, , .{r„, _ ,~ " ~,.
identification number and/or name, ~ ~ ~~" ~ ~ ~~ .~"~ _
whether written or in a numeric - "" r ' `
Y
form. ' ,.K~.~. , -
3. Prohibited Signs: The following signs shall be prohibited in the site area:
a) Roof signs: Signs erected, constructed or attached wholly or in part upon or
cover the roof of a building.
b) Motion signs: Any sign which revolves, rotates, has moving parts or gives the
illusion of motion.] .
c) Portable signs: A sign so designed as to be movable from one location to
another and which is not permanently attached to the ground, sales display
device, or structure. Ordinance allows 32 square foot sign lay license for 10
days, three times a year per business.
J/S
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PERRON PROPERTY
YANKEE DOODLE ROAD
DESIGN STANDARDS
KKE NO.: 0408.1164.01
KKE ARCHITECTS
PASTER ENTERPRISES
Policy
• The use of the site's area identification signs should be encouraged. Such signs should
evoke the intended character of the subject area.
The Monument/Business Identification Signs should promote a signage design standard
integrated with the site's Concept Design.
• A comprehensive signage plan will be required for multi-tenant buildings in the site. The
comprehensive sign plan must be approved by the City Council.
Standards
• Roof signs, motion signs and portable signs shall be prohibited.
• Air inflated devices, banner, pennants and whirling devices, or any such sign resembling
the same, shall be prohibited within the site area except when used in conjunction with
grand openings. Ordinances allows for temporary permit.
• No sign other than governmental signs shall be erected or temporarily placed within any
street right-of--way, or upon any public easement.
NUMBER OF SIGNS/SIZE/HEIGHT REQUIREMENT
Policy
• Signs should be located and constructed
in a manner considered visually
compatible with the area.
• Signs should fulfill their intended purpose
(readable business identification) in a
non-obtrusive, aesthetically pleasing
manner.
• Signs that complement the scale of the
building should be encouraged.
• Signs must provide appropriate business
identity.
Standards - Number of Signs
A. Area Identification Sign
• Area identification sign is to be located at entranceways and focal points on the site.
Ordinance allows two area identification signs with City Council approval.
• Interior on-site traffic directional sign may be permitted-maximum size for directional
sign is 4 square feet with 4 signs per site allowed unless approved by City Council.
//6
PERRON PROPERTY
YANKEE DOODLE ROAD
DESIGN STANDARDS
KKE NO.: 0408.1164.01
KKE ARCHITECTS
PASTER ENTERPRISES
B. Business Identification Sign
1. Free Standing Monumental/Business Signs:
• One freestanding monumental/business identification sign per single and double
occupancy business building.
• Buildings containing three (3) or more businesses may display an area
identification sign. Individual freestanding signs identifying a tenants business
are not allowed. City Council may approve tenant identification on area
identification sign as part of signs plan approval.
2. Wall Sign
• One wall sign per store frontage
affixed to the exterior wall, canopy
or marquees for freestanding
buildings.
• For multi-tenant building
occupancy one tenant
identification wall sign per building
facade will be provided to those
tenants that have an exclusive
exterior entrance. The number of
signs shall be limited to one per
entrance.
3. Address Signs
• One address sign per building or
tenant bay shall be provided.
• Number of address signs are not
included in the wall sign calculation.
Standards -Size and Height
A. Area Identification Sign
• Area Identification signs may not exceed 100 square feet with a maximum height of
20 feet. PUD and sign plan approval may allow increase in size.
A. Business Identification Sign
1. Free-standing Monumental/Business Signs
• Single or Double Occupancy Business Signs shall not exceed 15% of the total
front building facade except that both front and side facades may be counted on
a corner lot. Sign area may not exceed a maximum height of 20 feet (Existing
Ordinance). Monument signs may not exceed more than 10 feet high.
//7
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PERRON PROPERTY
YANKEE DOODLE ROAD
DESIGN STANDARDS
KKE NO.: 0408.1164.01
KKE ARCHITECTS
PASTER ENTERPRISES
• Buildings with four (4) or more tenants may not have individual freestanding
business signs.
• The sign base for the monumental/business signs shall not exceed one half the
maximum sign size permitted in the zoning district.
1. Wall Sign
Wall sign on any single and
double tenant building shall not
exceed 15% of the wall area of
that wall and may not exceed
100 square feet (Existing
Ordinance).
Individual tenant of multiple
occupancy structures devoted to
four (4) or more businesses may
display separate business signs
if they have an exclusive exterior
entrance. The number of sign
shall be limited to one per
entrance per bay, and each sign
shall not exceed 15% of the wall
area of that bay wall.
Wall signs for business
identification signs shall not
exceed the height of the building
they serve.
The signs shall be located on exterior walls,
use being identified.
which are directly related to the
1. Address Signs
• Address signs numbers must be a minimum of 3 inches in height and visible
from the street frontage. This area is exclusive of the wall sign area allowed.
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PERRON PROPERTY
YANKEE DOODLE ROAD
DESIGN STANDARDS
KKE NO.: 0408.1164.01
KKE ARCHITECTS
PASTER ENTERPRISES
PLACEMENT/LOCATION
Policy
• The city's setback standards are to be met in regard to minimum location standards.
• The business/monument signs must be located in the landscaped area.
• The location of signs should not interfere with traffic visibility or movement of traffic.
Standards
• No sign or sign structure shall be closer to any lot line than a distance equal to one-half
the minimum required yard setback. The minimum setback in the B-4 district is 30 feet
from a street or adjacent residential district.
• Wall signs may be located on building face, canopy, marquee, or awning.
• Signs incorporated into the facade of building shall not project more than 12" beyond
the plane of the facade on which it is located.
MATERIALS
Policy
• Signs should be constructed of internally illuminated individual letters, logo allowed,
considered compatible to prominent building materials.
• Signs should be aesthetically compatible to prominent building materials.
• Signs should be aesthetically compatible with both the area and the building they serve.
TYPE FACE
Policy
• Creativity/inventiveness in message conveyance should be encouraged.
• Sign lettering should be of a scale considered compatible with the area and the building
they serve.
ILLUMINATION
Policy
• Creative lighting, which is not overpowering should be encouraged.
• Signs utilizing flashing lights are not permitted.
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PERRON PROPERTY
YANKEE DOODLE ROAD
DESIGN STANDARDS
KKE NO.: 0408.1164.01
KKE ARCHITECTS
PASTER ENTERPRISES
Standards
• Signs shall be illuminated only by steady, stationary, shielded light sources directed
solely at the sign, or internal to it, without causing glare for motorists, pedestrians, or
neighboring premises.
THEME
Policy
• Signs should exhibit a sense of continuity.
• Sign color of metal surround should be used in a manner considered visually compatible
with the area.
• Discourage buildings that are designed as signs.
Note:
Sign criteria will require individual channel letters and prohibit cabinet signs except for
logos unless copyrighted sign for business is required.
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May 12, 2005
Mayor Pat Geagan
Council Member Carlson
Council Member Fields
Council Member Maguire
Council Member Tilley
City Of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
RE: Perron Property
Request for Comprehensive Land Use Amendment
Dear Mayor Geagan, Council Members Carlson, Fields, Maguire & Tilley,
Below is brief outline of our planned presentation at the May 17, 2005, City Council
meeting to address staff & the Planning Commission's concerns regarding our request for
a Comprehensive Guide Plan change on the Perron Property.
We will address the following four (4) issues that Staff & the Planning Commission
believe are reason not to request a Comp Guide Plan change:
Changing Land Use From Central Area to CSC WOULD better adapt itself to
the physical & aesthetic setting of the Property & the surrounding area
ii. We will provide evidence that the Central Area designation for Office Campus
could be improved & conditions have changed such that an amendment to the
Comprehensive Guide is necessary
iii. Retail traffic generated from the property SHOULD NOT have an adverse
impact on the city's present transportation plans for Central Area
iv. The property is not a viable use for Central Area major office uses
We believe changing the guided use of the Pen-on Property from Office/ Service to
Community Shopping Center would adapt itself better to the physical & aesthetic setting
of the Perron property for the following reasons;
• The number of individual buildings (restaurants, multi tenant retail, & mid box
retail) will be able to be stepped and gradually landscaped to address the 40 feet
of elevation change from the west to the east side of the property. A lazger office
building would have a larger footprint not several individual smaller buildings.
This would require large retaining walls & other larger erosion control elements.
lai
• The aesthetics & physical setting of our proposed retail center will incorporate
public spaces in addition to pedestrian links to the surrounding Quarry Park &
Eagan Community Center. More residents will use the public spaces in our
proposed retail development than in a potential large office campus. Furthermore,
this will be designed by KKE Architects, a premier nationally recognized retail
architect.
• We are proposing, as detailed in the Design Standards as part of previous
information submitted, a high quality project that helps compliment the existing
uses in the NWQ of Special Area #4 and creates a mix of uses similar to the other
3 quadrants of Special Area #4. The stringent requirements in the Design
Standards dictate the overall size and individual sizes of the buildings, require
varied materials, require extensive landscaping, and require both pedestrian areas,
connections and bike comnections.
As it relates to the question that we failed to provide evidence that the Central Area
Office/ Service designation was in error, we offer the following;
• The Comprehensive Guide Plan is a plan that can change if conditions change.
The City Council has the ability to use its vision & foresight to adapt to these
changing conditions. No office development has been built in the Central Area
since 1986. The only development to occur in the NWQ of SA #4 has been the
Community Center (which required a zoning change) and Argosy University.
Both are not Major Office Uses.
• The Office market has struggled for some time. However, retailers want to be in
Eagan & at the Perron Property. Furthermore, with the City's requirement that
Quarry Road be extended through the property, the site is divided into two
parcels. As a result, any future potential office user is limited with its options for
building placement.
Traffic generated by a retail shopping center is a concern that has been addressed. We
engaged RLK - Kuusisto in a preliminary traffic study. They will be present and address
the traffic concerns. While a retail center would add snore traffic to the overall system, a
retail center will add less traffic to the system during the peak office hours of the
surrounding properties. The total traffic difference for either use is not a major impact to
the overall traffic system. Either use adds vehicles to the adjacent roadways.
To address the question that staff poses that the Perron property enjoys a viable use a
Central Area for Major Office, we would humbly disagree for the following reasons;
• As indicated above, the condition of the office market & the ability at some
future point to attract a Major Office user given the physical constraints of the
site due to Quarry Road.
• Furthermore, as the staff report indicates, this site is 24 acres & there exists
another 794 acres of vacant office land within the city. There exists only 102
acres of vacant retail land in the city. The loss of potential office land is overall
minimal. Additionally, of the remaining 102 acres, no parcels exist in this area of
ia~
this size. As a point of reference, Eagan has less retail square footage per capita
than other similar communities in the Metro area.
• Lastly, the proposed shopping center would project to pay real estate taxes in
excess of $3,000,000 over a 5 year period. The current annual taxes on the
property are $305.
The property is currently guided for Office/Service which includes zoning categories
such as Limited Business and Neighborhood Business, not just Research and
Development. Limited and Neighborhood Business categories could be considered
without a change in the Comprehensive Guide Plan. This property could be sub divided
and sold as individual parcels for a number of these uses listed in the zoning categories.
For your reference we have attached the appropriate pages from the City's zoning
ordinance (See Attached).
We are proposing a change to allow for a quality master planned retail commercial
development, limited in size and guided by strict standards. It would compliment the
existing mix of commercial, government, and residential uses in the quadrant.
We hope this information is helpful & we look forward to presenting to you next
Tuesday.
Thank you for your time.
Sincerely,
Paster Enterprises
Howard Paster
Development Manager
/d3
City of Eagan Limited Business and Neighborhood Business Categories
Subd. 10. LB Limited Business District.
A. Purpose. Limited Business Districts are areas that are particularly exposed to residential
neighborhoods and are thus suitable to those businesses compatible with nearby residential use
(offices, clinics and the like).
B. Permitted uses.
1. Amusement devices not to exceed three machines at one licensed location and which shall
not be located within 200 feet of another licensed location. For this purpose the outside wall of
each licensed location shall be used in the measurement of the distance between locations.
2. Clinics for human care.
3. Freestanding satellite dishes, subject to the regulations thereof elsewhere in this chapter.
4. Funeral homes and mortuaries.
5. Institutional uses: library, swiriuning pools, churches, public schools, religious centers,
health centers, and community buildings.
6. [Reserved].
7. Municipal buildings where the use conducted is customarily considered to be an office use.
8. Offices of a general nature where the operations do not include retail sales or warehousing
from the site.
9. Professional offices, banks and savings and loan.
10. Public utility tower mounted antennae, subject to the regulations of in this Code.
C. Conditional uses.
1. Nursing homes, rest homes, retirement homes or hospitals for human care, day care centers,
private schools.
2. Art, interior decorating, photographic or music studio, provided no retail sales are made of
products not manufactured on the site.
3. Radio and television studios.
4. Private clubs and lodges.
5. Museums, art institutions, galleries and playhouses.
6. Off-site off-street parking when the principal site of the off-site off-street parking is within
an R-4 zoning district subject to the regulations thereof in this Code.
7. Off-site off-street parking, subject to the regulations thereof in this Code, except those
portions regarding outdoor storage.
8. On-sale liquor in conjunction with a restaurant facility.
9. Restaurants--Class I only those granted a permit according to applicable City Code
provisions to serve 3.2 beer or wine.
10. Reserved.
11. Amusement devices exceeding three machines at one licensed location or to be located
within 200 feet of any other licensed location.
12. Seasonal outdoor sales, subject to the regulations thereof elsewhere in this chapter.
13. Coffee kiosks subject to the following conditions:
(a) The activity shall be conducted within afree-standing building, no larger than 100 square
feet in size.
(b) The use shall not result in the elimination of the minimum number ofoff-street parking
spaces required for all uses on the parcel.
(c) Vehicular stacking lanes shall comply with the following:
(1) A minimum length of 150 feet shall be provided for a single stacking lane or 80 feet per
lane when multiple lanes are provided.
1:5
°~` [T~
City of Eagan Limited Business and Neighborhood Business Categories
(2) Stacking lanes shall be designed such that they do not interfere with existing parking and
vehicular circulation.
(3) Stacking lanes shall be clearly identified through striping, landscaping, and/or signage.
(d) No alcoholic beverages shall be sold.
(e) Evidence of issuance of a pernlit from the Minnesota Department of Health shall be
provided to the city.
(f) If the use of the building ceases for a period of six months, the conditional use permit shall
lapse and the property owner shall remove the building and clean up the site.
(g) No on-site preparation of food shall be allowed.
D. Permitted accessory uses.
1. Private garages, off-street parking and loading spaces, as regulated by this chapter.
2. Building temporarily located for purposes of construction on the premises for a period of
not to exceed time necessary to complete said construction.
3. Public telephone booths provided all yard requirements are met.
4. Temporary outdoor event, subject to the regulations thereof elsewhere in this chapter.
5. Building mounted antenna or satellite dish, subject to the regulations thereof in this Code.
E. Bulk standards (minimum unless noted).
TABLE INSET:
of Area
Lot Width
etback From Public Right-of-way 0 feet
ide Yard Setback 10 feet
Rear Yard Setback 0 feet
djacent to property guided' for residential use 0 feet
Structure Height (max.) 0 feet
reen Space 0 percent
Building Cover (max.) 0 percent
* Land use guide designation per city's Comprehensive Guide Plan.
F. Additional setbacks. The following shall be the minimum required building setback along
any interstate or state highway, major thoroughfare or minor thoroughfare, either existing or
proposed as shown on the current Functional Classification Plan:
TABLE INSET:
/a s
City of Eagan Limited Business and Neighborhood Business Categories
HOROUGHFARE IGHT-OF-WAY WIDTH MINIMUM SETBACK
Major Thoroughfare
Principal and A Minor Arterials) 150 feet 0 feet or 125 feet from right-of-way centerline, whichever is greater
Major Thoroughfare
B Minor Arterials) 100 feet 0 feet or 100 feet from right-of-way centerline, whichever is greater
Minor Thoroughfare
Major and Minor Collectors) D feet 0 feet or 80 feet from right-of-way centerline, whichever is greater
Subd. 11. NB Neighborhood Business District.
A. Purpose. Neighborhood Business Districts are small business areas generally located
adjacent to or in close proximity to residential neighborhoods that are intended to provide daily
retail goods and services.
B. Permitted uses.
1. Bakeries.
2. Barbershops.
3. Beauty salons.
4. Clinics.
5. Clubs and lodges.
6. Copy centers.
7. Drug stores.
8. Financial institutions without drive-through facilities.
9. Florists.
10. Freestanding satellite dishes, subject to the regulations thereof elsewhere in this chapter.
11. Funeral homes and mortuaries.
12. Gift shops.
13. Hardware stores.
14. Hobby shops.
15. Laundry and dry cleaners.
16. Laundromats.
17. Off-sale liquor stores.
18. Photography studios.
19. Offices.
20. Restaurants - class I (on-sale liquor subject to conditional use permit).
21. Shoe stores.
22. Specialty food stores.
23. Sporting goods stores.
24. Variety stores.
C. Conditional uses.
1. Animal clinics when contained within a building.
2. Carwashes.
3. Coffee kiosks, subject to the regulations thereof elsewhere in this chapter.
/~6
City of Eagan Limited Business and Neighborhood Business Categories
4. Convenience stores.
5. Daycare facilities subject to State daycare licensing.
6. Drive-through facilities.
7. Motor fuel sales, class I.
8. Motor vehicle repair, minor.
9. Nursing homes, retirement homes or hospitals for human care, and day care centers.
10. Off-site off-street parking when the principal site of the off-street parking is within an R-4
zoning district subject to the regulations thereof in this Code.
11. Off-site off-street parking, subject to the regulations thereof in this Code, except those
portions regarding outdoor storage.
12. On-sale liquor, wine or 3.2 beer.
13. Radio and television studios.
14. Seasonal outdoor sales, subject to the regulations thereof elsewhere in this chapter.
15. Restaurants -class II.
D. Permitted accessory uses.
1. Amusement devices not to exceed three machines at one licensed location and which shall
not be located within 200 feet of another licensed location. For this purpose the outside wall of
each licensed location shall be used in the measurement of the distance between locations.
2. Building mounted antennae and satellite dishes, subject to the regulations thereof elsewhere
in this chapter.
3. Buildings temporarily located for purposes of construction on the premises for a period of
not to exceed time necessary to complete said construction.
4. Outdoor display, subject to the regulations thereof elsewhere in this chapter.
5. Private garages, off-street parking and loading spaces, as regulated by this chapter.
6. Public telephone booths provided all yard requirements are met.
7. Temporary outdoor events, subject to the regulations thereof elsewhere in this chapter.
E. Bulk Standards (minimum unless noted).
TABLE INSET:
Lot Area
Lot Width
etback From Public Right-of-way 0 feet
Side Yard Setback 10 feet
Rear Yard Setback 0 feet
djacent to property guided for residential use' 0 feet
Structure Height (max.) 0 feet
/~ ~
City of Eagan Limited Business and Neighborhood Business Categories
Green Space 30 percent
Building Cover (max.) 0 percent
* Land use guide designation per city's Comprehensive Guide Plan.
F. Additional setbacks. The following shall be the minimum required building setback along
any interstate or state highway, major thoroughfare or minor thoroughfare, either existing or
proposed as shown on the current Functional Classification Plan:
TABLE INSET:
HOROUGHFARE RIGHT-OF-WAY WIDTH INIMUM SETBACK
ajor Thoroughfare
Principal and A Minor Arterials) 150 feet 0 feet or 125 feet from right-of-way centerline, whichever is greater
Major Thoroughfare
B Minor Arterials) 100 feet 0 feet or 100 feet from right-of-way centerline, whichever is greater
Minor Thoroughfare
Major and Minor Collectors) 0 feet 0 feet or 80 feet from right-of-way centerline, whichever is greater
/m25FI
Agenda Information Memo
May 17, 2005 Eagan City Council Meeting
B. INTERIM ORDINANCE - TO CONSIDER AN INTERIM ORDINANCE TO
CREATE A MORATORIUM FOR THE AREA IN SOUTHEAST EAGAN
BOUNDED BY RED PINE LANE, GUN CLUB ROAD, STATE HIGHWAY 3
AND THE RED PINE SCHOOL PROPERTY
ACTION TO BE CONSIDERED:
To approve (Or deny) an ordinance amending the City Code Chapter 12 entitled
Comprehensive Guide Plan and Land Use Regulations -Interim Use Study by adding
Section 12.07 entitled "Study of Red Pine Area Land Use"; and by adopting by reference
Eagan City Code Chapter 1 and Section 12.99.
To direct staff to work with the Advisory Planning Commission to prepare a Small Area
Plan for consideration by the City Council.
REQUIRED VOTE FOR APPROVAL: Majority of Councilmernbers present.
FACTS:
- The southeast area was reviewed in the mid-nineties and again in 2002,
subsequent to the most recent Comprehensive Guide Plan Update.
- The area is experiencing changes in ownership of several parcels and a desire by
the development community to develop/redevelop those same parcels.
- The City Council Finance Subcommittee met recently and recommended that the
City Council consider directing a small area study to create a Master Plan that
would speak to access, utility and land use issues for the area described above.
- The City Council needs to also consider whether or not it is desirable to put a
moratorium on development in place to preserve the planning process while the
study is completed.
ISSUES:
- The City Council Finance Subcommittee also asked staff to review the possibility
of delaying development in the area via private agreement. Staff contacted the
City Attorney's office in this regard. The City Attorney does not believe such an
agreement would be enforceable, please see attached memo.
1~9
- The City Attorney has left blank the duration of the Study/Moratorium; the City
Council should determine the amount of time the moratorium should be in effect,
up to a maximum of twelve months.
60 DAY AGENCY DEADLINE: N/A
ATTACHMENTS: (4)
- Southeast Eagan Study Area location map on page ~.
- Staff memo on page ~throu h
- City Attorney Memo on page /
- Draft ordinance enclosed on page band ~~
/30
~1
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Ciiy of Ea~a~ ~e~o
TO: TOM HEDGES, CITY ADMINISTRATOR
FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR
MIKE RIDLEY, CITY PLANNER
DATE:
SUBJECT: SOUTHEAST EAGAN LAND USE AND TRAFFIC CIRCULATION
STUDY
Background
Concerns were raised by the City Council on May 3, 2005 relative to the easement
vacation/replat request by Manley Land Co. for the former Mark Pieper property on
Biscayne Avenue. The City Council Finance Committee recently discussed activity in the
area of Red Pine Lane and Biscayne Avenue.
The Finance Committee has recommended that the City Council consider directing a small
area land use study that would result in a Master Plan for the potential
development/redevelopment of these properties: The study would address land use,
access/circulation and utilities. The study will likely consider steps necessary for the
implementation of a Master Plan, including the possible role of the City in bringing about
the desired conclusions.
Existing Conditions
The area is made up of a combination of vacant land and industrial uses of various ages
which were developed primarily in a timeframe in which the area was more rural in
character. Urban density residential development in the area over the last several years and
recent land acquisition and development proposals are changing the character of the Red
Pine LaneBiscayne Avenue area.
Land Use Background
The area east of Highway 3 up to and including both sides of Biscayne Avenue had been
zoned industrial, but guided for single family residential, for many years. The City
reviewed the area in the mid-1990's and considered rezoning the industrial property to R-1
to be consistent with the Comprehensive Guide Plan designation. Ultimately, the City
Council decided instead to change the Guide Plan designation to Industrial to match the
zoning.
In 2002, subsequent to the 2001 Comprehensive Guide Plan Update, the City again
reviewed the land uses and zoning in the area. At that time, the Council modified the
~aa
Comprehensive Guide Plan land use designation from Limited Industrial to
RetaiUCommercial for all of the property located south of Red Pine Lane, north of Gun Club
Road and west of Biscayne Avenue. Subsequently, these properties were rezoned to
Neighborhood Business to be consistent with the Retail Commercial land use designation.
With this rezoning, the existing industrial uses west of Biscayne Avenue became
nonconforming. The property east of Biscayne Avenue retained the Limited Industrial
zoning and Industrial Land Use designation.
Land Use and Traffic Context
In 1993, Independent School District 196 acquired approximately 12 acres of property north
of Gun Club Road and east of Highway 3 for the purpose of building a new elementary
school. In conjunction with that effort, the City acquired property for the purpose of
constructing Red Pine Lane.
The Red Pine Lane improvement included a new intersection with Highway 3, semaphore
and the closing of the uncontrolled intersection of Gun Club Road and Highway 3. These
road improvements were completed in 1994.
Recent Interest in Development
Manley Land Company has acquired two one acre parcels located at the southwest
intersection of Red Pine and Biscayne (formerly owned by Mark Pieper). A developer with
a purchase agreement on the 8-acre Oberg property has also approached staff regarding the
development of that site with retail commercial uses. Some other property owners in the
area have expressed interest in selling while others are curious about the relationship of their
property to future development.
Prospective Study Issues
Multiple property owners, previous development of property and the presence of industrial
uses (some non-conforming) illustrate the need for a comprehensive re/development
approach or Master Plan if the City Council seeks uniform development of the area.
Such a plan should address the potential uses on the property, an access and traffic
circulation plan that considers the relationship of the overall property to Red Pine Lane and
Biscayne Avenue, and a phasing and implementation plan that defines the private and public
roles in carrying a plan forward.
Prospective StudyArea
The suggested Study Area includes the property east of Highway 3, south of Red Pine Lane,
west of the school and north of Gun Club Road. While recent development interest has
been focused on those properties west of Biscayne Avenue, the Study Area also should
include the industrial properties east of Biscayne Avenue to ensure a coherent
re/development of the entire area.
/~
Study Mechanism
The City Council will need to determine whether it is necessary or desirable to impose a
moratorium on development or construction within the area to allow time for the completion
of this study. A draft ordinance amendment to consider this step has been prepared and will
be in order for consideration at the May 17th City Council meeting. The relative merits of
imposing a moratorium will be discussed in the background for the meeting.
Direction Requested of the City Council
Staff is requesting Council action to approve or deny:
- Direction of the preparation of a development/redevelopment study of the area
identified to define a Master Plan for the area, to address traffic access and
circulation issues, and to develop a phasing and implementation plan to define the
private and public roles in carrying such a plan forward.
- Adoption of a moratorium or some alternative means of limiting new development
activity in the study area pending the completion of the study.
/~5~
SEVERSON, SHELDON,
DOUGHERTY & MOLENDA, P.A.
SUITE 600
7300 WEST 147TH STREET
APPLE VALLEY, MINNESOTA SS124-7580
(952)432-3136
TELEFAX NUM$ER (9S2) 432-3780
E-MAIL bauerr@seversonsheldon.com
TO: Mike Ridley, City Planner
FROM: Robert B. Bauer, City Attorney
DATE: May 13, 2005
RE: Moratorium v. Agreement
I understand that there has been an inquiry concerning the proposed moratorium in the southeast
Eagan area. A property owner has suggested that rather than a formal moratorium that they
simply provide an agreement that they will not pursue an application for development or
undertake any construction within the proposed moratorium area.
Although we understand the property owner's concerns, an "agreement" not to pursue any
development is likely unenforceable. Even if an agreement were entered into, the property
owners could convey the property to a third party that would not be bound by the agreement.
Second, there is an issue as to how the agreement would be enforced. To the extent an
application is made, the City is required to act within the statutory time frame. If the proposed
application satisfies all city code requirements, the Council would be required to approve the
application.
In short, the only way to ensure that development does not occur pending the study is to proceed
with the moratorium for the southeast Eagan properties. Should you have any questions
concerning this matter, please feel free to give me a call.
/,~S
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA AMENDING EAGAN
CITY CODE CHAPTER TWELVE ENTITLED "COMPREHENSIVE GUIDE PLAN
AND LAND USE REGULATIONS -INTERIM USE STUDY" BY ADDING SECTION
12.07 ENTITLED "STUDY OF RED PINE AREA LAND USE"; AND BY ADOPTING BY
REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 12.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter 12 is hereby amended'by'adding Section 12.07, to
read as follows:
Section 12.07. Interim Use: Study of Red Pine LaneBiscayne Avenue Area ,._
A. On May 17, 2005, the Eagan City Gouricil directed a study to be conducted for the
purpose of evaluating social, environmental, transportation and land use impacts
associated with the introduction of residential<ises in the area of Red Pine Lane as
described in Subparagraph., B. The City Council directed staff to research the
property described in Subparagraph B below for considering:
1. The effects that introducing residential development in the area would
have on surrounding property;
2. The need for constructing or altering streets and utilities;
3. The~~~possible'=',amendment to ~~~t~ie City's Comprehensive Guide Plan of
properties; arid
4. ~ ~The;~possible rezoning of properties.
B. The land affected by this ordinance is described as follows:
'All property lying east of State Highway 3, north of Gun Club Road, south of Red
Pne.Lane, and west of Biscayne Avenue; together with all property lying north of
Gun Club Road and abutting Biscayne Avenue on the east, except for land owned
by the government.
(the "Property")
C. This interim ordinance is adopted and is applicable to the Property for the purpose
of protecting the planning process and the health, safety and welfare of the
residents.
/36
D. Commencing on the effective date of this ordinance and ending on
or such sooner time as the City Council may determine, the
Property shall be subject to the following:
1. No building permit for the construction, reconstruction or alteration of any
structure shall be issued, except for permits for the necessary repair of
existing buildings as determined by the City Council.
w::~•w
2. No proposal for rezoning, or comprehensive.;, plait<ti: amendment shall be
recommended for approval or approved by he Planning Commission or
the City Council.
3. No portion of the Property shall be piatted,ar subdivided.
4. No conditional use permit or variance shall be recommended for approval
or approved by the Planning Commission or the City Council.;
E. Subject to any limitation imposed by law; the termination date of this ordinance
may be extended for such additional periods` as the City Council may deem
appropriate.
Section 2. Eagan City Code Chapter 1 entitled. "General Provisions and Definitions
Applicable to the Entire City Code Including ~~;`.~Penal~y for Violation"' and Section 12.99 entitled
"Violation of 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: By:
Maria Petersen;::: ' Pat Geagan
Its: City Clerk Its: Mayor
Date Ordinance Adopted:
Date Ordinance Published in the Legal Newspaper:
/37
Agenda Information Memo
May 17, 2005 Eagan City Council Meeting
X. NEW RUNWAY/AIRPORT UPDATE
A. APPROVE THE HIRING OF A CONSULTING FIRM TO DESIGN AND
IMPLEMENT BASELINE NOISE MEASUREMENTS IN PREPARATION
FOR THE OPENING OF RUNWAY 17/35 AT THE MINNEAPOLIS - ST.
PAUL AIRPORT.
ACTION TO BE CONSIDERED:
To approve the hiring of a consulting firm to design and implement baseline noise
measurements in preparation for the opening of runway 17/35 at the Minneapolis - St.
Paul Airport.
FACTS:
- Per the direction of the City Council, a RFP was solicited for consulting services
for the design and implementation of baseline noise measurements in preparation
for the opening of Runway 17/35 at MSP Airport.
- Three proposals were submitted to the City, which were evaluated by a staff
panel.
- The Airport Relations Commission (ARC), at their May 10 meeting, reviewed the
top two proposals recommended by the staff evaluation panel.
- Phone interviews of the two firms will be conducted by a team of City staff and a
committee of the ARC on the morning of May 16.
- If any member of the City Council would like to view the proposals submitted,
please contact the City Administrator's office.
- A recommendation of the committee conducting phone interviews will be
provided to the City Council in Monday's Supplemental Information Memo
for consideration at the May 17 City Council meeting.
/38'