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06/20/2000 - City Council Regular
AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING JUNE 20, 2000 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE ADOPT AGENDA & APPROVAL OF MINUTES VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) COMMENTS BY CITY COUNCIL, CITY ADMINISTRATOR & DEPARTMENT HEADS A. COMPREHENSIVE Annual Financial Report for year ending December 31, 1999 B. LEAGUE of Minnesota Cities Youth Delegation Update CENSUS 2000 UPDATE/CENTRAL PARK UPDATE A. FUTURE steps for the Central Park & Community Center Development CONSENT AGENDA 113 B. c. toil D. / k E. P,j pay Fd P 301. r3 K. f3?L. 311M. PERSONNEL ITEMS CONTRACT 00-02, receive bids/award contract (Hilltop, Vienna Woods & Wilderness Park Additions —Street Overlays) CONTRACT 00-03, receive bids/award contract (Old Sibley Memorial Hwy, Lone Oak Circle & Galaxie Ave. — Street Overlays) CONTRACT 99-09, approve final payment/authorize City maintenance (Advent United Methodist/Patrick Eagan Park) RECEIVE petition/order public hearing — easement vacation (Silver Bell Addition) RECEIVE petition/order public hearing — easement vacation (Blackhawk Glen 2nd Addition) CONFIRMATION of Findings of Fact, Conclusions & Resolution of Denial, U.S. Postal Service/Bale Anderson, Ltd., of approximately 6.72 acres from R-1 (Residential Single Family) to R-3 (Residential Townhouse) for property located on the east side of Johnny Cake Ridge Road north of Oakridge Townhomes in the NW % of Section 28 ON -SALE liquor license for Sri Krishna, Inc. dba Madras Palace Restaurant APPROVE election judge salaries for the 2000 Primary & General Elections FINAL PLAT, MVTA Eagan Transit Station — Minnesota Valley Transit Authority PROJECT 99-A, approve extension to Development Agreement (Gardenwood Ponds 4th Addition) IMPLEMENTATION of Comprehensive Guide Plan Amendment for Spencer Springs from Industrial to D-1 — Single Family APPROVE Safe and Sober Grant VII. 6:45 - PUBLIC HEARINGS (fAy/ A. RIGHT-OF-WAY Management Ordinance VIII. OLD BUSINESS 9yA. AMEND 2000 Fee Schedule, Right -of -Way Management Program p 90 B. PROJECT 680, receive petition — Cliff Ridge Court Trail (Cliff Road — Street & Utility Improvements) P 96 C. PROJECT 784, receive bids/authorize building removal — (Louis Lane — Street & Utility Improvements) pq9 D. PARADE PERMIT, Eagan Lions Club for Fourth of July celebration IX. NEW BUSINESS f/OOA. ploy B. LOCAL transit tax levy option for taxes payable 2001 CONDITIONAL USE PERMIT — Sprint PCS, to allow a 75' cellular communication antenna tower on property located at 4151 Sibley Memorial Highway in the SW 1 of Section 19 Updated 6 -15-00 4:40 p.m. PRELIMINARY SUBDIVISION, Tri-land Surveying Company, Inc. (Kennerick Addition), of 9.6 acres to create 19 single family lots and one Outlot, legally described as Lot 4, and parts of Lots 5, 6, 7, and 8, of Zehnder Acres, located north of Lone Oak Road, west of Pilot Knob Road in the SE Y of Section 4 ORDINANCE AMENDMENT City of Eagan, amending Chapter 11 entitled, "Land Use Regulations (Zoning)" to establish updated and expanded zoning definitions ORDINANCE AMENDMENT City of Eagan, amending various chapters of the City Code addressing exterior property maintenance requirements ORDINANCE AMENDMENT City of Eagan, amending Chapter 11, entitled, "Land Use Regulations (Zoning)" addressing accessory building requirements X. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE XI. ADMINISTRATIVE AGENDA XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. ADJOURNMENT XIV. EXECUTIVE SESSION 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. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 5, 2000 A regular meeting of the Eagan Cit r;i?uncil was held on Monday, June 5, 2000 at 6:30 p.m. at the Eagan Municipal Center. Present were Makifk:ikwada and Councilmembers Masin, Blomquist, Carlson and Bakken. Also present were City Administrator. Tom Hed io &es. Senr Planner Mike Ridley, Director of Public Works Tom Colbert, Assistant City ,Enginee Jd wag tgineer Russ Matthys and City Attorney Jim Sheldon. itogNPA Councilmember Masin asked that consent agenda items-J, S, and T be removed from the Consent Agenda for discussion. Councilmember Bakken moved, Cicilmember Carlson seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 Councibnember Bakken moved, C{ijtitit# a i g tddconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Masin seconded a motion to continue approval of the minutes as presented to allow time for review of inforr k at had not been included with the minutes. Aye: 5 Nay: 0 Neal Hoadley, 1750 Meadowlark RoadeXpret3?ern over the increased taxes for the proposed community center and rate of speed with which the propels t#: ,ict is moving along. He questioned if the Residents for Recreation organization was a non -profit organizaii &h. He further questioned if the organization had a permit for flyers that have been distributed. He also expressed his opposition to the use of office space and storage space in the community center by other organizations such as the EAA and the Residents for Recreation. Councilmember Carlson explained that the use of office space within the building would be paid for per square foot according to market rent rates. Mr. Hoadley stated he would like to see written information from the City regarding the prop* oanmtuutt.certter and not just from outside organizations. Mayor Awada explained that if the bond re g iif ir9W :Rfichitect will be hired and the design of the community center will be determined acct tig to t''' Witds of the community. Councilmember Masin stated that there will be refinement to the plans a tei the refeeridum is passed. Leroy Swart, 1284 Deercliff Lane,. et .#ft ou ,1A. had been harassed by the Eagan Police. He stated he had contacted the Police Departi ct: .ctti :k?o Formation regarding how to have the incident investigated. City Administrator Hedges told Mr. Swart that he would be available to discuss the issue with him and outline the proper process. Cotmcilmember Carlson stated she would like to see follow up to the complaint. Stuart Forsyth, Pilot Knob Road expre I%t$: on to a policy restricting strollers from Cascade Bay. Councilmember Blomquist stated she she.1 from others previously and had reviewed a copy of research on the issue. She went ofi io explain that tti ating area where parents would sit and park their children in strollers is on an incline. NfY.Torsyth stated heiiit>uld like a copy of the research material that was used to reach the decision to restrict Wlers. Councilmem$B Carlson suggested that an area for strollers be designated away from the sloping area;;iii5?ynxl�.y;.�d�tdseat the issue be reviewed and brought back before the Council at a special meeting. MinmErnt4 EAGAN CITY COUNCIL MEETING MINUTES; JUNE 5, 2000 PAGE 2 Jack Aldridge, 4656 Westwood Lane, President of the Oak Cliff Homeowners Association, stated he had written a letter to the Planning Commission regarding the Final Planned Development of Lot 2, Block 1, Oak Cliff Ninth Adylition but had received Wesponse. Mayor Awada stated this issue is Item X under the consent 'agenda. She pulled the item from gli>i' *onsent agenda and told Mr. Aldridge there would be a discussion held later in the meeting. Gary Crawford, 3749 West Denmar0r4'gEafeTftl'6f3$osition to the proposed Charter Commission. He stated he felt City officials should selec gik citizens serving on the commission and not be appointed by a judge. He felt that a Charter Commission jer'&i1d ultimately cost the City more money. Councilmember Blomquist explained that the individuals that would be appointed by a judge to serve on the commission would originally be volunteers from the community. Mr. Crawford stated that a list of concerns should be submitted by the Eagan OPEn to the Council to be addressed before action is taken on the formation of a Charter Commission. f.: PRESENTATION OF CERTIFICAiUTO R1 PIENTS OF GIRL SCOUT SILVER AWARDS City Administrator Hedges providi t i:i3i 9c bk em. The following Girl Scouts were presented with certificates.of recognition by Mayor Awada: Sarah Kucker, Claudia Liddle and Shari VanPuyvelde. eett REVERSE 9 ikit S ETY PROGRAM City Administrator' Hedges provided this item. Police Chief Kent Therkelsen explained that "Reverse 911" is a tradename used 'foiqg i:;�ci#i a pany, which provides an outbound messaging service. He stated that the program is a rapid tell i1iuii§ notification system that would be used in the event of an imminent threat to the public. He stated the system would combine GIS information with database information and further described possible situations that could warrant the use of such a service. He stated that the system would cost approximately $25,000 for implementation. Chief Therkelsen also stated that a meeting had been held with Dakota County and that a county wide effort is being considered and it may be possible for the City to tie into the county system in the future. Councilmember Bakken requested that more information on the specific costs of t1 on,& ,rl provided. tE REl1 };$'AL BY NSP City Administrator Hedges state at h ar>fi' ouncilmember Blomquist had received calls from residents requesting better notification ofi *£&th t4: k8s going to be removed. Colette Jurek. representing NSP, stated that NSP crews 2 ►acr1Yeeii'C'a'tt+2il'oi<P:oPtl tree removal project and that NSP will notify residents in the area of a neighborhood meeting to discuss the project. She explained that typically property owners are notified that trees on their property will be trimmed. She stated that in the future notices will be posted and letters sent to area residents regarding neighborhood meetings to discuss plans to remove trees. Ruth Carlson, representing her sist o' iolives aR IZSWilderness Road read a letter from her sister expressing concern over trees being cut or iiii withci t ;proper notification. Councilmember Blomquist stated she had received calls frog area residents comAaining about the tree removal. She stated she felt a policy should be developed regiOng neighborhood t tings. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 5, 2000 PAGE 3 Ms. Jurek expressed her willingness to set a date fora neighborhood meeting. It was agreed that the meeting would be held June 21, 2000 at City Hall. She stated the area residents will be notified in writing. Councilmember Bakken stated that. City should not interfere until it is determined what the City's legal authority is insuch matters. Mayor Awada suggested the City Wm p.rtEtwAgymo outlining the City's legal standing. Councilmember Bakken stated the City sho o r 1 t bx cess. Councilmember Blomquist commented that the City could be used as a,cllmmunication tool Jim Plantenberg, 1226 Wilderness IitiriRoad stated he had discussed the issue with the City Forester and was told the trees that were removed were diseased and that the tress were located on City property. He further expressed his concern over the lack of communication. Councilmember Carlson suggested the City Forester attend the neighborhood meeting on June 21. POSSIBLE MERGER OF NO0*WEST,,RLINES WITH AMERICAN AIRLINES Councilmember Masin stated she ■'kit would» prudent for the City of Eagan to have a contingency plan in place should the headquarters for &ithwest isAilines be moved from Eagan. She suggested that City staff review such issues as tax revenues, thg:.14f.f.41:ieg:x would move out of the City and possibly discuss with other cities their experiences itt:S taiiioit_ S t :further stated that the Economic Development Commission should also make recommendations. Councilmember Bakken stated the City should haw more information before any action is taken. Councilmember Carlson felt taking any action at this point was extremely premature. Councilmember Blomquist felt there would be a lot of posturing before the airlinGs.?would make any major decisions and the City should just observe at this point. Mayor Awada akso.Ce1 e.o ity should not get involved at this point. She stated the entire state will be effected should .1;14 y t:. dines re- locate its headquarters, not just the City of Eagan. She felt that everyone is giEivernment should not interfere. There was no new information regarding Census 2 :.Louncilmember Masin encouraged the public to vote on the bond referendum June 6, 2000. A. Personnel Items psit Item 1. It was recommended to approve tl '#ifttiig o i Ashley Crunstedt, Amber Paukner, Kristin Bia dsa Larson, Alison Bailey and Michael Brumbaugh bau Y Y Y g as seasonal lifeguards for Cascade Bay. Reither, Dionne Cordell, Lauren Deiman, a Item 2. It was recommended to approve ilig if 'R ;Riftton as a seasonal concessionaire for Cascade Bay. Item 3. It was recommended to approve hiring of Brad Kassha and Evan Tepper as seasonal operations /maintenance shift leaders for Cascade Bay. Item 4. It was recommended to approve the... t1y and Michael Peterson as seasonal operations /maintenance workers for Cascld Item 5. It was recommended to approve 14 of David Stye Hand, Tom Irvin, Paul Anderson, Maria Struve, Adria Carlyn, Jake VanPutten, Ndy!i;$utor and Rachel z dera as seasonal park maintenance workers. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 5, 2000 PAGE 4 Item 6. It was recommended to approve the hiring of Lucas Behnke as a part-time seasonal concessions worker. Item 7. It was recommended to approve the.hiring of Brittany Kaufman and Lea Taylor as seasonal utility maintenance workers. Item 8. It was recommended to approve the}>tr:ig a utility technical intern. Item 9. It was recommended to approve tiie iiririg'ol'1VIQdti as a seasonal recreation assistant. Item 10. It was recommended, to approve tijairing of Kacie Nitz as a seasonal recreation leader. Item 11. It was recommended to approve the hiring of Julie Stumne as a seasonal tennis director. Item 12. It was recommended to approve the hiring of Molly Martin as a seasonal horticultural worker. Item 13. It was recommended to approve t* aric Hansen and Nicholas Scharffbillig as part -time seasonal ballfield attendants. Item 14. It was recommended to approve tbs ,olly l:iibbwrd as a seasonal streets maintenance worker. •o ff Item 15. It was recommended to approve the hiring of Brian Connolly as an Engineering Intern. Item 16. It was recommended to approve the hiring of Lisa Larson as a part -time Clerical Tech III in Engineering. Item 17. It was recommended to approve the hiripg.�CE1Ql3 bitovsky as a part -time Clerical Tech III in Item 18. It was recommended to approve the. of.Tinii'1Ehy Fadden as a combination building inspector. Item 19. It was recommended to approve the Time Sperif't vision for the Assistant City Administrator /Director of Human Resources from Compensati$ri'4tange N Exempt to 0 Exempt effective with the April 1 pay period. B. Contract 99 -03, approve final payment (Yankee Doodle Reservoir Refurbish Repaint). It was recommended to approve final payment for Contract 99 -03 (Yankee Doodle Reservoir Refurbish Repaint) in the amount of $29,500.50 to Swanson Ypda, Inc and•m•ept the improvements for perpetual City maintenance subject to warranty provision:; C. License renewals, service station, amusement devi'commercial fertilizer and tobacco. It was recommended to approve the license ren s•for settAte station, amusement device, commercial fertilizer and tobacco. D. Contract 00 -01, approve plans, authorize ad for bids (Cliff�Rd.Water Treatment Facility Exterior Restoration). It was recommended to approve the Plans and Specifications for Contract 00 -01 (Cliff Rd. Water Treatment Facility Exterior Restoration) and authorize the advertisement for a bid opening to be held on Thursday, June 29, 2000. E. Contract 00 -06, approve final payment lanai gtef Quality Improvements). It was recommended to approve the final payment for Contract. 30 06 (Pond BP -12% r Quality Improvements) in the amount of $3,643.86 to Webster Grading, Inc. and acceii( the improvemeiiiilor perpetual city maintenance subject to F. Tobacco license for Richard's, 4185 Soi t IE :WiCecommended to approve a tobacco license for Richard's located at 4185 South Robert TUX e warranty provisions. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 5, 2000 PAGE 5 G. Contract 0040, approve plans, authorize ad for bids (Wescott Rd. Surface Treatment Restriping). It was recommended to approve the plans for Contract 00-10 (Wescott Rd. Restriping) and authorize the advertisement for a bid opening to be held 414une 29, 2000. H. Contract 00 -11, receive bids /award contra ?'t (Fish Lake Water Quality Improvements). It was recommended to reject all bids received on,tym.A}: $9.. ;i Z4xf,9ptract 00 -0011, Fish Lake Outlet Pumping Station, and to authorize staff to review ot•�t�vtesired water quality improvements in Fish Lake. I. Project 751, authorize feasibility report (F3icfd Road Upgrade Cliff Rd. to Butwin Rd.). It was recommended to authorize the preparation of a feasibility report by Bonestroo, Rosene, Anderlik and Associates for Project 751 (Dodd Road, Cliff Road to Butwin Road Street and Utility Improvements). J. Project 7598, authorize revised feasibili report (Beau d'Rue Dr. Street Rehabilitation). It was recommended to authorize the preparatioi oF:a revised.feasibility report by the City Engineer for Project 759R (Beau d'Rue Drive Street Rehabilitation). K. Project 779, authorize feasibility report f 1ndd Roa0.4pgrade Diffley Rd. to Wescott Rd.). It was recommended to authorize the preparatiorkv.f §eas t r 01/zlrthy Rosene, Anderlik and Associates for Project 779 (Dodd Road, Di$gg 2oa iilcj in/ACi):. t d Street and Utility Improvements). L. Project 793, receive petition /authorize feasibility report (MVTA_Eagan Transit Station Sanitary Sewer Improvements). It was recommended to receive the petition and authorize the preparation of a feasibility report by the City Engineer for Project 793 (MVTA, Eagan Transit Station Sanitary Sewer Improvements). M. Project 794, authorize feasibility report (River Hills 9th,,• ehabilitation). It was recommended to authorize the preparation of a feasibility report b thi% mWer for Project 794 (River Hills 9th Addition Street Rehabilitation). N. Project 795, authorize feasibility report (Beat Bntf'any Adds., Johnny Cake Ridge Add., Covington Ln. Street Rehabilitation). It was recviiitit RigEkk,r:Agthorize the preparation of a feasibility report by the City Engineer for Project 795 (Beacon Hill, Brittany' *tleiit, Johnny Cake Ridge Addition and Covington Lane Street Rehabilitation). O. Project 796, authorize feasibility report (Cedar Cliff Mari Acres Street Rehabilitation). It was recommended to authorize the preparation of a feasibility report by the City Engineer for Project 796 (Cedar Cliff Additions and Mari Acres Additions Street Rehabilitation). P. Project 797, authorize feasibility report tiiki'.e: d cS€it Rehabilitation). It was recommended to authorize the preparation of feasibility repcq y the 'f,', ;en for Project 797 (Letendre Additions Street Rehabilitation). Q. Project 798, authorize feasibility repor[ rt jet•, edgewood 1st Street Rehabilitation). It was recommended to authorize. the prepaiiaflitii:iK :a: eaSL3f:lport by the City Engineer for Project 796 (Canterbury Forest and Wedgewood First Addition Street Rehabilitation). R. Project 799, authorize feasibility report (Eagandale Center Industrial Park, Eagandale Office Park, Eagandale Blvd. Corporate Center Drive Street Rehabilitation). It was recommended to authorize the preparation of a feasibility report by the City is•9 #t z o ect 799 Eagandale Center Industrial Park, Eagandale Office Park, Eagandale Blvd. An gryitrirateC> t hive Street Rehabilitation). S. Project 800, authorize feasibility report ()agandale Center Irifiistrial Park, Eagandale Office Park, Eagandale Blvd. Corporate Center Driii*Street Rehabilitatid It was recommended to authorize the preparation of a feasibility report for Proj 8Q4. {ggl rv,,;thte,J. Plaza Access Modification) by SRF Consulting Group Inc. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 5, 2000 PAGE 6 T. Project 801, authorize feasibility report (Silver Bell Rd. Street Rehabilitation). It was recommended to authorize the preparation of a feasibility report by the City Engineer for Project 801 (Silver Bell Road Street Rehabilitation). U. Project 802, authorize feasibility report mgt Knob Rd. Duckwood Dr. Intersection Improvements). It was 'recommended to authorize the prepariiiioi► of a Feasibility Report and detailed Plans and Specifications by SRF Consulting Group Inc. for Project 802 0 .rGatli d. .FJgkwood Dr. Intersection Improvements). V. Vacate portion of Murphy Parkway. It h,;as Y ecommenc'fec1 to approve the vacation of a portion of public right -of -way within Murphy Farm 2nd AdOkb. and authorize the Mayor and Deputy City Clerk to execute all related documents. W. Receive petition /order public hearing easement vacation (Kingswood Ponds). It was recommended to receive the petition to vacate a drainage and utility easement, and schedule a public hearing to be held on July 5, 2000. X. Final Planned Development of Lot 2, BI J 1, Oalc'# ff Ninth Addition Haskell's. It was recommended to approve a Final Planned Development to aUv a 10,2f*j;quare foot liquor store upon a 2.5 acre site located south of Cliff Road and west of Slater Roast :ice propeiit;Ecurrently platted as Lot 2, Block 1, Oak Cliff 9th Addition (within the NW 1 /4 of Section Y. Final Planned Development of Lot 1, Block 1, Cecdartiift` Commercial Park 5th Addition Cedar Cliff Properties. It was recommended to approve a Final Planned Development to allow the construction of four office buildings totaling 21,600 square feet in size upon a 2.6 acre site located north of Cliff Drive and east of Nicols road on property currently platted as Lot 1, Block 1, Cedar Cliff Commercial Park 5th Addition subject to the conditions in the May 23, 2000 APC minutes. Z. Amend 2000 Fee Schedule. It was recommendedtfltfi 2000 Fee Schedule to accommodate the new Minor Subdivision application procedure w itj 3fi-Rlffiq fee of $200 and an escrow of $500. AA. Shows license, for an Arts Festival and R'tj?i pn lifly 29, 2000 at the Art House /Patrick Eagan Park. It was recommended to approve a shows license Hte•tta i4 ::Zvxnty Arts Humanities Council to hold an Arts Festival and Run /Walk on July 29, 2000 at the Art fli3i8 {alick Eagan Park. BB. Acceptance of LCTS grant from School District 197 for Youth at Risk Programs. It was recommended to accept an LCTS Grant from School District 197 for $19,500 for fiscal year July 1, 2000 to June 30,2001. CC. Consultant Selection /Lodging Industry Study. It was recommended to accept the request of the Economic Development Commission to ret�i ss IrttmOesnal Research Information Services in the amount of $5,800 to conduct a lodging instil tf j $3y'. bthorized by the City Council. DD. Final Subdivision (Pine Tree Pass 5th Addition) Lfthdgren Brothers Construction, Inc. It was recommended to approve a Final Subdivi (Pine ePass 5th Addition) consisting of six single family lots and one outlot located in the northeast 1 /a;[ a Rixt, 3; EE. Final Subdivision (Pine Tree Pass 6th Addition) Lundgren Brothers Construction, Inc. It was recommended to approve a Final Subdivision (Pine Tree Pass 6th Addition) consisting of twenty five single family lots and one outlot located in the northeast 1 /4 of Section 33. Councilmember Bakken moved, Coupi l son seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 Mayor Awada opened the floor for'cdiscussion regardiiietem J, Project 7598, authorize revised feasibility report (Beau d'Rue Dr. Streel abilitation), Item $j ?roject 800, authorize feasibility report (Eagandale Center Industrial Park, Eagan e.Q k►: ag> ale Blvd. Corporate Center Drive Street Rehabilitation), and Item T, Project 801, aftwiticewww4 (Silver Bell Rd. Street Rehabilitation). EAGAN CITY COUNCIL MEETING MINUTES; JUNE 5, 2000 PAGE 7 Mayor Awada questioned the Cedarvale access reconfiguration study that had been requested. Public Works Director Colbert stated the request before the Council at this time is for authorization to conduct a study. Mayor Awada stated she would prefer the access reconfiguration be determined prior to the completion of a feasibility report. Mr. Colbext•stated he felt it would be more beneficial to study and discuss the entire area at the same time rather thandividual projects. He stated he could review preliminary concepts with the Council before the final Agibility reports are completed. Mayor Awada moved, Councilmenglikig SA33sj &motion to authorize a feasibility report for Project 759R (Beau d'Rue Dr. street rehabilitgpon rojecf i *Cedarvale /Village Plaza access reconfiguration); and Project 801 (Silver Be0.;oad street rehabilitation). Aye: 5 Nay: 0 Mayor Awada opened the floor for discussion regarding Item X, Final Planned Development of Lot 2, Block 1, Oak Cliff Ninth Addition Haskell's. Senior Planner Mike Ridley reviewed the proposed development. Mr. Aldridge stated his questions fiii4 been az, ered and he thanked the Council for removing the item from the Consent Agenda for discuss* Councilmember Carlson moved, Coinccilmex Bakken seconded a motion to approve a Final Planned Development to allow a 10,100 sgrg;txv#.,uut S.kRr&up11n a 2.5 acre site located south of Cliff Road and west of Slater Road on property curre$ Iy: lat%et l 1t $fo k 1, Oak Cliff 9th Addition (within the NW 1 /4 of Section 31). Aye: 5 Nay: 0 Mayor Awada opened the public hearings and discussion Jor the following street overlay projects; Project 754, Hilltop Estates; Project 783 Wilderness Park; Galaxie Avenue; Project 781 Vienna Woods; Project 782, Old Sibley Memorial HighwAj; a ti ,N, Lone Oak Circle. City Administrator Hedges providtti ii overview §tv these items. Director of Public Works Colbert discussed the Pavement Management Progragt;:; PROJECT 754, HILLTOP ESTVel g EET OVERLAY) Assistant City Engineer John Gorder gave a staff report. Mayor Awada opened the public hearing to anyone wishing to speak. Darrell Isebrand, representing Beautiful Savior Lutheran Church commented on the age of the street and asked if the street really needs the propp gpfove a blic Works Director Colbert explained that an effort is made to keep all streets in a pasAilifaiWtaf:Ki6::gfiiigkstatus of repair. He stated this method is more cost effective. Mr. Isebrand also quned the;►yssment that would be charged to Hilltop Plaza. Public Works Director Colbert stated HilltRp.Plaza is being charged $4,300. Mr. Isebrand stated that the church congregation has paid assessments in the ff and the service road has been of no benefit to the church. Public Director Colbert explained that pniftg/M:plitftftil not necessarily have to have direct access to the street being improved to gain value• {i iki iri Mr. Isebrand asked what the payment plan of the assessments would be for the church. Mr. Colbert explained that typically all properties are assessed over a five -year period. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 5, 2000 PAGE 8 PROJECT 783, VIENNA WOODS (STREET OVERLAY) Assistant City Engineer John Gorder gave a staff report. Mayor Awada opened the public hg.Ortg to anyone wishing to speak. Gary Borges, 2087 Vienna Lane, stagke;:.At.kP; &tsitihis area are in.excellent condition and are not in need of the proposed overlay. He feftAga: b.? s t �c�ij i L a more than adequate. Tim Lewis, 2094 Pin Oak, stated h :mss in favor of the project. There being no one else wishing to speak, Mayor Awada dosed the public hearing and turned the discussion back to the Council. Councilmember Bakken moved, Coundlmember Carlson seconded a motion to approve Project 781 (Vienna Woods Street Overlay). Aye: 4 f 1 (Cowicilmember Blomquist opposed) PROJECT 780, g4AXIE 4.V NUE (STREET OVERLAY) Assistant City Engineer John Mayor Awada opened the public hearing to anyone'wisfiiiig to speak. There being no one, she closed the public hearing and turned the discussion back to the Council... Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve Project 780 .(Galaxie Avenue Street Overlay). Aye: 4 Nay: 1 (Councilmembpr Blomquist opposed) PROJECT 783, WILD ,410,0. eXt§TREET OVERLAY) City Administrator Hedges provie2 ii an.overview:ii i this item. Director of Public Works Colbert gave a staff report. Mayor Awada opened the public hearing to anyori ..g to speak. There being no one, she closed the public hearing and turned the discussion back to the Council.. Coundlmember Carlson moved, Councilmember Bakken seconded a motion to approve Project 783 (Wilderness Park Street Overlay). Aye: 4 Nay: 1 (Councilmember Blomquist opposed) PROJECT 782, OLD SIBLEX:tAtIA)E.•#?VAY (STREET RESURFACE) Assistant City Engineer John Gorif ;:gave a report. Mayor Awada opened the publiciWin to i bne wishing to speak. Rodger Slater, owner of parcel 01 b'giE'ti tt: kiiffiiiilif6it to the project. He stated his property is for sale and the assessment of $20,000 that he is being charged could not be added to the price of his property. He further stated there are gas easements on his property, which also contribute to the devaluation. Mayor Awada stated staff would revielythre on Mr. Slater's property prior to the final public hearing on the proposed assessments,; 1g v1 i this fall. Public Works Director Colbert stated he will work with the City Attorney to have property "Yt ated. Kevin Lovegreen, Lovegreen Indligrial Service, asked a lout his assessment. Public Works Director Colbert stated Mr. Lovegreen's property Rot being assessed cj :to the topography. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 5, 2000 PAGE 9 Councilmember Carlson asked about the length of the cul -de -sac and why a portion of it is not used. Public Works Director Colbert reviewed the history of the street, explaining the reason for the current unused portion of the cul -de -sac. Mr. Lovegreen stated there is loitering and unauthorized use of the unused portion of the cul -de -sac. Mayor Awada suggested that the City possibly vacate the right -of -way of the unused portion of the cul -de -sac, which would dectiiale the assessment amount for Mr. Slater. Public Works Director Colbert stated the scope of the project could i'e'reduced and the feasibility report could be revised. Mr. Slater stated he would be in favor of the vacation asst i;mi •tt rk with the City. Councilmember Carlson asked who would own the property if the f =way. Public Works Director Colbert stated the property would revert back to the state. Mr. Lovegreen asked about accessib•Y# heir property during the actual resurfacing of the street. Assistant City Engineer Gorder explained that access will be provided at all times. There being no one else wishing to speak, Mayor Awada dosed the public hearing and turned the discussion back to the Council. Councilmember Blomquist stated g: would iti2 against the project because Mr. Slater had not been told how much he would be assessed. Mayor Awada moved, Councilmezier.;Pg.l w seGP de4 a.motion to approve Project 782 (Old Sibley Memorial Highway Street Resurfacing). ay ember Blomquist opposed) report. report. PROJECT 789, LONE OAK CIRCLE (STREET RESURFACE) Assistant City Engineer John Gorder gave a staff report. Mayor Awada opened the public hearing to anyoilel#104 to speak. There being no one, she closed the public hearing and turned the discussion ba.9144 ie; e,31•F l': Councilmember Bakken moved, diiii ember Cason seconded a motion to approve Project 789 (Lone Oak Circle Street Overlay). Aye: 4 •N (Ccwl}c member Blomquist opposed) GARAGE MOVE CLYDE ROE FROM 3401 44 AY 55 TO 524 CHAPEL LANE City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff Mayor Awada opened the public hearing anyone wishing to speak. There being no one, she closed the public hearing and turned the discussion :bat :%o. he C *S 2 Councilmember Bakken moved, a1'�r cilmeri;;C`arlson seconded a motion to approve a building move permit to relocate a 20' x 26' detache .garage from 3401 Highway 55 to 524 Chapel Lane. Aye: 5 Nay: 0 VARIANCE SUE TOiVt:Pg I.1: lia5 WESTON HILLS PLACE) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff Mayor Awada opened the public he :pg4tAtimii#ung to speak. Dave Rosner, a neighbor of the Pfhstiels, stated hiti s in favor of the variance. Councilmember Carlson asked tly jplicants if they wiN agree to landscape the property on the east side of the garage rather than use it for steed. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 5, 2000 PAGE 10 There being no one else wishing to speak, Mayor Awada closed the public hearing and turned the discussion back to the Council. Councilmember Masin moved, MaKor seconded a motion to a approve a variance of ten feet to the required thirty-foot setback from a pub tir ght -of -way for a garage addition at 505 Weston Hills Place, legally described as Lot 5, Block 5, Weston Mrs Second Addition, located in the NE 1 /4 of Section 36 subject to the following conditions: 1. If within one year after apgi gv41;e variance sliati have been completed or utilized, it shall become null and voic ,2Ltjless a petition for extension has been granted by the Council. Such extension shall be recgi*ted in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The applicant shall obtain a building permit prior to beginning construction. 3. The proposed addition shii1 constWed using materials to match the existing structure. VARIANCE TO}�¢.> �R5i. {3 2,.S.TQQ ,RIDGE DRIVE N.) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff Aye: 5 Nay: 0 report. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she closed the public hearing and turned the discussion back to the Coun Councilmember Carlson moved, Counci* i i l cil kiget n seconded a motion to approve a variance of 12 feet to the required thirty -foot setback f1p t:;a: i:(i .iMng of- -way for a garage addition at 3892 Stonebridge Drive North, legally described as Lot 1, B1�cii`2C'S.:Hills of St bridge, located in the NE 1 /4 of Section 24 subject to the following conditions 1. If within one year after approval, the variaii fZ not have been completed or utilized, it shall become null and void unless a petition for'atension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The applicant shall obtain a building permit prior to beginning construction. 3. The proposed addition shfi l cji iiQ uCt i ixi:ifsig:materials to match the existing structure. Aye: 5 Nay: 0 f VARIANCE Rugg M1 Q L E **570 LAKEVIEW CURVE) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearin ta yone wishing to speak. There being no one, she closed the public hearing and turned the discussion.... czl. Councilmember Masin moved, Cgt ilmember Cr algd Yeconded a motion to approve a 4 percent variance to the maximum 20 percent lot cpygrage requirement 0:plied to Lot 10, Block 2, Stoney Pointe 2nd Addition located in the SE 1 /4 of Section 16 ye: 5 Nay: 0 The Council took a five minute r 'o EAGAN CITY COUNCIL MEETING MINUTES; JUNE 5, 2000 PAGE 11 RESOLUTION OEQONDEMNATION, IMRE PROPERTY City Administrator Hedges providifSh overview on this item. Senior Planner Ridley stated that Lot 5, Robert O'Neal property should be droppe ;fxQ5F: yAtc -Ie also stated that an additional condition should be added to direct staff to negotiateaikgi agreement with Wispark. Jim Dorsey, attorney representingmre family, requested the property not be taken. He discussed the family's concern over the access to HigiQiiy 55 not being acquired as their tenants need it for access to the property. Public Works Director Colbert addressed the access issues and Senior Planner Ridley stated that City staff will work with the property owner to keep the access viable. Greg Miller, Regional Director for ,yy4spark, stated that a registered survey of the area had been completed and Wispark had submitted a litigten offez t..the Imres but had received no response. Mr. Dorsey stated that the Imres are waiting on the coi,} etion of *appraisal of the property. Councilmember Masin questioned'i+' ere the-1 v access would be and also questioned the change in management of Wispark. Councilmember Blomquist commented that no one wins in a condemnation and she is not comfortable with the City getting involved. Mayor Awada stated that the negotiations have been worked on for the past two years and that the condemnation is in the best interest of the City. She went on to state that the parties had been given the opportunity to reach an agreement but had not done Councilmember Masin stated that thatgWeiitittiirldbe Cilevelopment agreement with Wispark before the condemnation is completed. City Attorney Sheldon stated there will be 'iiiictdinformation available before the actual condemnation takes place. Kim Imre, daughter of the owner of the property, expressed her concern over the tip of the pond and the access road for heavy equipment. She stated they have tenants that will be put out of business if the access is taken. She further stated that the offer by Wispark is the same offer that was submitted two years ago and that they are still waiting on the appraisal. Mayor Awada stated that the City S:6'31li#gpt#t is •#fig the Imre's access to the property. Councilmember Masin again stated ,there should be a development agreement in place. City Attorney Sheldon stated the be prepared after the City approves acquisition of the property. Mayor Awada moved, Councilmember Carlson seconded a motion to authorize the use of Eminent Domain to acquire the Imre parcels located along Lawrence Avenue and Lindy Lane and generally west of the pond. Aye: 3 Nay: 2 (Councilmembers Masin $lpmquist opposed) REZONIl Y- 3t p PROPERTY City Administrator Hedges provided an overview on tivs,item. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 5, 2000 PAGE 12 Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a Rezoning of five City-owned parcels located in north central Eagan along Lawrence Avenue and Lindy Lane from R -1 to Business Park. Aye: 5 Nay: 0 sJE REZONING U.S. P44A wk. Few ANDERSON, LTD. City Administrator Hedges providcianoverview item. Senior Planner Ridley gave a staff report. Bill Sheahan, attorney representing Bale Anderson, Ltd. explained that the rezoning of the property in September, 1999 from R-4, Multiple Residential to R -1, Single Family decreased the value of the property. He stated that the Postal Service is requesting the rezoning to R -3, Residential Townhouse in an effort to recoup some of the loss they will incur on the property. Mayor Awada stated there may bg ix}.ore opp nities for the property when.the new Comprehensive Plan comes into effect. She further explainer; that thetG :are other options within the current zoning. City Attorney Sheldon suggested e•Cm :dsra toff tct prepare findings of fact for denial to be brought before the Council at a future me ig:iciLF#Qx•3 'Xi* pi ;denial at this meeting. Mr. Sheahan asked if he would be allowed to participate in the development of the findings of fact. Mr. Sheldon responded that Mr. Sheahan could make a submittal on behalf of the Postal Service prior to the findings of fact being reviewed by the Council. report. Councilmember Bakken moved, CouncilmembscAf f i Aeconded a motion to direct the City Attorney to prepare Findings of Fact and Resol}itioi%: D iris )f a Rezoning of 6.3 acres from R 1, Single Family Residential to R -3, Residential Towtkli[giu;icaa'scii *th of Diffley Road and east of Johnny Cake Ridge Road, in the NW 1/4 of Section 28. Aye: 4 ay 1. (CounciFiaijiember Masin opposed) CONDITIONAL U S` ;w V.�SUAL IMPACT (580 YANKEE DObfZAD) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff Councilmember Carlson moved, Counckember Bakken seconded a motion to approve a Conditional Use Permit to allow construction of a pyloillsibi:Aiqopggityaaiifd at 580 Yankee Doodle Road, legally described as Lot 1, Block 1, Gopher Eagan t tti +a}' At d Lion, in the SE 1 /4 of Section 12, subject to the following conditions: 1. This Conditional Use PertpAliall b4 Worded at Dakota County within 60 days of approval by the City Council. 2. The internally lit pylon sign shall not exceed 12 feet in height and shall comply with the plans dated September 13, 1999. 3. The pylon sign shall be located ifl.,tba:?Eiothwest corner of the site, as shown on the site plan received 09 /09/99 and sha1l„ :0 4; t.10 feet from all property lines. The sign shall be erected and maintained h place itd jpner so as not to obstruct driver vision. 4. A landscape plan for foundation plantings arouiyd the sign shall be submitted with the sign permit application. Aye: 5 Nay: 0 s��.... EAGAN CITY COUNCIL MEETING MINUTES; JUNE 5, 2000 PAGE 13 CONDITIONAL USE PERMIT VARIANCE APT MPLS., INC. (4888 PILOT KNOB ROAD) City Administrator Hedges provides overview on this item. Senior Planner Ridley gave a staff report. Peter Coyle, representing APT MPIA c iii4:i ?il'T had taken over a year to locate a site for the proposed tower and that every effort had.jeen made to place the tower in the area of least impact. An attorney representing Lewis antf: larcel Schindeldecker, adjacent property owners, stated that the Schindeldeckers have received an offer for a single family development. He stated they are requesting that the Council consider what impact the proposed tower would have on a future single family development. He further requested that another location on the subject property be evaluated for location of the tower. Councilmember Blomquist asked is located on the south side of the property. Mr. Coyle explained that, due to the topography of tlii4;siroperty): i vould be impossible to locate the tower on the south side. Councilmember Carlson moved, Cictt t ex econded a motion to approve a Conditional Use Permit to allow construction of a 120 -ftxp icififi i i 1iGQi i lnications tower and a Variance to the required 300 -foot setback, for property located at 4888 Pilot Knob Road, legally described as Lot 1, Block 1, Chapel Hill Baptist Church Addition, in the SW 1/4 of Section 34, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. As required by City Code, the g) :#t t a'Eower shall accommodate the applicant's antennae and at least one li: .c tnpaible antennae for other communication providers; accept antennae mounted iii*Vai g height and allow the future rearrangement of antennae upon the tower. 3. The tower and accessory equipment buildii'r c 1# comply with the general standards outlined in City Code Section 11.10, Subdivision 31, F. 4. The equipment building shall be constructed with a brick exterior in a color to blend in with the surrounding area. 5. The lease area shall be secured: seder pEe and landscaped as shown on the Site Plan dated 4- 12 -00. The barbecd;%ko# 6itY ip :s3i :fiot be angled outward. 6. The monopole tower sha11, e dark brown. 7. The driveway access to tit 01 A#§:$ #ad .bg fired. Aye: 3 Nay: 2 (Councilmembers Blomquist and Masin opposed) report. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 5, 2000 PAGE 14 Councilmember Blomquist asked what type of businesses would be located in the development. The developer stated that the types of the businesses would be a• dry cleaner, beauty salon, etc. Councilmember Bakken moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment /Final Planned FfC €lopment to allow the construction of a 8,680 square foot retail strip.center upon 1.1 acres of land located sbi Eh of Cliff Road and west of Slater Road on property currently platted as Lot 1, Block 1, Oak Cliff 9th Addition subject to the following conditions: 1. The applicant and /or Planned Development Agreement with the City prior to building pe}' t issuance. 2. The following exhibits are i.Fcruired for the Final Planned Development Agreement: Aye: 5 Nay: 0 report. A. Final Site Plan B. Final Landscape Plan C. Final Building d Signage Plan D. Lighting Plan 3. Uses within the building sijali be limii 3 to those allowed within the NB, Neighborhood Business district. 4. Either the one way drive 1aiK•(tiit:4 ig+ f4iaektig a building) shall be expanded to 24 feet in width or angled parking stalls (rather than 90 degree stalls) shall be provided. 5. One additional handicap parking stall shall be provided to satisfy State requirements. 6. Additional screening /landscaping shall be royied along Cliff Road and Oak Cliff Lane to screen proposed off street parkings 7. The proposed retail cente0W iatch the iacent Super America and Penn Cycle stores in both color and materials. 8. All trash /recycling containers shall lietitin the principal building. 9. All building, parking /drive aisles, and landscaped areas shall be properly maintained. 10. All exterior lighting shall be hooded and directed to deflect light away from adjacent properties and rights -of -way. 11. All rooftop mechanical eq #p >Z. iIt 11 1pg; i d from view of all public rights -of -way. 12. All signs shall meet Sign il'e requirents. 13. The developer shall be resiple fQt cash arks and cash trails dedication at the time of building permit. 14. The parking stalls on the south side of the building shall be 9 feet in width.. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 5, 2000 PAGE 15 Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve an amended Preliminary subdivision (Effress 2" Addition) to create four-lots on approximately 24.6 acres located east of Pilot Knob Road between Marice Drive and High Site Drive in the SW 1/4 of Section 10, subject to the following conditions: 1. The developer shall complVisigh these standards conditions of plat approval as adopted by Council on February 3, 1993: Aye: 5 Nay: 0 Al, Bl, B2, B3, B4, ;':C;:iS;:,�3;':aibC#�£1 2. The property shall be platt 3. On the final plat the parcel containing the pond and wetland shall be platted as an outlot, and Lot 1, Block 3, shall be platted as Lot 1, Block 2. 4. The applicant shall acquirQ, title to all land within the proposed subdivision, including the land currently owned by prtk: #o final subdivision approval. 5. The developer shall be ressible foie relocation of the street section of Marice Drive from the Sherman Court/ Marice IY? e intersetiion north to Northwood Parkway, as shown on the preliminary site plan. 6. The developer shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. 7. The developer shall dedicate public right -of -way for future Northward Parkway, as shown on the preliminary plat. 8. The developer shall dedicate jest,€#:'Ge'along the entire length of both sides of the development adjacent to Northwood P0 in;Se areas of the proposed private driveway and the relocated Marice Drive ri t -c way as shaawn on the preliminary site plan. 9. Public street access for Lot 1, Block'3 s i j alignment with the west leg of the Marice Drive/ Sherman Court intersection. 10. The Marice Drive and High Site Drive right -of -way within the development shall be vacated prior to final subdivision approval for this development. 11. The combined planting plan foz•Lot 2, Block 1, and Lot 1, Block 2, shall be revised to exclude mitigation planting from Lof: 3, all1> ease the total amount of plant materials. Additional plantings can be provided the 1O> ea rtior[ $f the site to better buffer between the development and I -35E. This revised pshall beect to staff review prior to final subdivision approval. 12. Tree preservation and mi on sha'$:' determined separately for Lot 1, Block 3 at the time of development of that parcel 13. This development shall meet its water quality requirements through creation of treatment ponding. The specific details of the location and design of the water quality pond will be subject to review and approval of the City Water Resources Coordinator prior to final subdivision approval. 14. Park and Trail dedication rec0At031, fulfilled as recommended by the APC. 15. Trail access shall be provii1*i rom the deve1c itnt to Pilot Knob Road. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 5, 2000 PAGE 16 Councilmember Carlson moved, Councilmember Bakken seconded a motion to recommend approval of an Amended Preliminary Planned Development located east of Pilot Knob Road between High -Site Drive and Marice Drive in the W 1 4 of Section 10 subject to the following conditions: 1. The following uses are alloicved within this Planned Development: Lot 2, Block 1 Four, three sto apartment buildings totaling 228 units Lot 1, Block 3 Uses allow ;i: itt3 t #ii'diai ss zoning district 2. The performance standards for development of Lot 1, Block 3 shall be those that apply to the LB zoning dish. 3. Final development plans for Lot 1, Block 3, shall be subject to review and approval by the Advisory Planning Commission and City Council. 4. A final Planned Developtivak Agreement shall be required for each lot prior to construction. The following plans are reiiiiijcted for Winal Planned Development Agreement and shall be consistent with the Prelimi jry P1anrt Development: Final Site Plan Final Building Ele 4b8 Final Landscape p Final Signage Plan Final Site Lighting Plan 5. The property shall be subdivided and replatted. 6. The developer shall ensure that th�}}ldM,s'materials and construction of the building improvements are such thA#• a 1 ;}ici ov if an interior sound level of 45 dBA, as compared with a noise level of 65 7. As required by City Code, all ex eiti i#u urfaces shall be treated as a front and have an equally attractive or the same architectiii;iii:ifigiifirsnt. As part of the Elevation Plan submittal for Final Planned Development, the applicant gRi :modify the proposed architectural design and exterior materials to be consistent with that used on the currently existing Glen Pond apartment buildings. 8. The final landscape plan shall show underlying grading contours and must be prepared and signed by a registered landsc hitect Qx. nurseryperson. 9. All site signage shall com gVrith ariga81 e provisions of the City Sign Code. 10. All trash and recyclable sk ge areas :Mall be contained within the buildings. Outside storage of trash and recyclables sk pctie 11. All requirements set forth in Section 11.1 Subdivision 24 of the City Code shall apply to this Planned Development. The applicant shall submit detailed plans at the time of Final Planned Development demonstrating compliance with these standards. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 5, 2000 PAGE 17 CONTRACT 00-09, RECEIVE BIDS /AWARD CONTRACT (VARIOUS GOVERNMENT BUILDINGS REROOFING) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Awada moved, Councilmember Carlson seconded a motion to receive the bids for Contract 00- 09 (municipal Buildings Re- roofing), awa004*.ifigiOilliWirtest responsible bidders and authorize the Mayor and Deputy City Clerk to execute 5 Nay: 0 City Administrator Hedges asked tWarification if the motion intended to adjust the 2000 General Fund with an increase of $50,000 for the Renewal and Replacement Fund. The Council responded in the affirmative. Mayor Awada gave a brief review:. meetu Llte had with the MVTA regarding signage. City Administrator Hedges di discusWilt0049W4.4,gksif of Minnesota Cities conference to be held in St. Cloud June 13 June 16, 2000. He stAgfiVaFtli6Ittwgaitig& had been notified of the conference and students were encouraged to attend. The Council agreed that the City would pay the $35 fee for any student wishing to attend. Councilmember Masin moved, Councilmember Carlson seconded a motion that the City will pay the $35 fee for any student wishing to attend the League of Mi dj I. ities conference to be held in St. Cloud on June 13 June 16, 2000. Aye: 5 Nay: 0 Mayor Awada moved, Councilme l sePtailson se4ifided a motion to set a Special City Council meeting for June 8, 2000 at 12:00 noon, anti to. R 5peciat:eouncil meeting on June 20, 2000 at 5:00 p.m. Aye: 5 Nay: 0 The meeting adjourned at 10:10 p.m. to an Executive Session to discuss Police Sergeant negotiations. Present were Mayor Awada and Councilmembers Blomquist, Masin, Carlson and Bakken, City Administrator Tom Hedges, and City Attorney Jim Sheldon. MLB Date Deputy City Clerk if you need these minutes in an alternative form sgG):c'• rali ,;.)3raille, audio tape, etc, please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122411:4Mphone: (651) 454 8535). The City of Eagan is committed to the policy tfik't:2iti persons have egoi;bccess to its programs, services, activities, facilities and employment without regard to race, colon:geed, religion, nations .p igin, sex, disability, age, sexual orientation, marital status or status with regard to public Stance. A special meeting of the Eagan City Council was held on Thursday, June 8 2000 at 12:00 p.m., at the Eagan Municipal Center. Present were Mayor Awada, and City Councilmembers Bakken and Masin. Also present was City Administrator Hedges. VISITORS TO BE HEARD There were no v`i's torS'tc5 b ieard. CANVASS OF BALLOTS /JUNE 6 2000 BOND REFERENDUM Mayor Awa4 called the meeting to order at 12:00 p.m. City Administrator Hedges submitted the resu .;:of the•eommunity Activities Center bond referendum held on June 6 2000. City Councilme#ber Bakken moved and Councilmember Masin seconded a motion to approve the results of the $qnd R erendum,with all members voting in favor. There being no further business, the meeting was adjourned at 12:05 p.m. Date MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JUNE 8 2000 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) 681 -4600, (TDD phone: (651 -454- 8535). The City of Eagan is committed.;r#' have equal access to its programs, services, activities, facilities and employment withregar&s#fce, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or stjs with retrd to public assistance. f:;...... •i... j'. Deputy City Clerk agenda. MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 25, 2000 A special City Council meel:mg was held on Tuesday, April 25, 2000, in the City Council Chambers of the Eagan City Hall. 1 ca3fbi#p order at 5:00 p.m. Those present were Mayor Awada and City Cow nci i et 1 6it iquist, Carlson, and Masin. Also present were City Administrator Het4j.es, Assistant City Administrator Duffy, Director of Finance VanOverbeke, Director of J! lic Works Colbert, City Engineer Matthys and Senior Planner Ridley. AGENDA ADOPTION The agenda was approved resented. Mayor Awada announced that the City Council would move upstairs to the Comuitty Rooiifiapproximately 6:15 p.m. so the Advisory Planning Commission meeting cou#M:be telecizBt Ive. A tape would be made of the remainder of the Council meeting and played on ible. There were no visitors wishing to address the CityCouncil regarding items not on the PRESENTATION BY EHLERS, &.ASSOCIATES City Administrator Hedges ex g* #c ;i'k iesentatives from Ehlers Associates, Sid Inman and Rusty Fifield, would m* Ce:: ii.es2ntatioZ egarding their firm assisting in project management for the Village Plaza Iteclev j went atm Mr. Fifield gave background on the firm and listed recent redevelopment experf4c7 :f ;fin described additional projects and mentioned that Ehlers Associates is the onl fi a 4epartment that only handles redevelopment. Mr. Fifield told the Council that rede iiiiiiinent is complicated and that they bring experience of knowing what worked and what did not work in other communities. He added that they would advise the Council as to what was possible and the Council would then decide what to do. Mr. Fifield then listed keys to redevelopment in the Cedarvale area. Councilmember BIomquist stet i tat her imtas$concem for the area was road access. She requested that Ehlers and Assts Assqiffitiiii:WK3,wifii*ia determine what can and cannot be done. Councilmember Masin sta iat it is'#llitant to work with the businesses and tip.::. residents. She asked if other comurut haa*Orking partnerships for visioning. Mr. Inman said that developers would provicd*3 ►put. I iasided that they would use newsletters and other uni meetings and updating communication devices to commtit�€�tt�:�Cbc�bxetospm ty g p g the progress throughout the project. said that one of her concerns was that residents did not continue to go to Cedarvale but went to other retail developments. Mr. Inman said that the firm would need to determine what would work in the market and that the Council may not like what the firm will recommend. Councilmember Carlson asIsein*iiiaikkettkipolicy on reporting back to the Council regarding the Tax Increment Finani F) proce told her that when their firm created a TIF district, they also creed an administratii+* ianual, met at least twice a year with staff and actively worked with thy ity Council. He added that the firm offers TIF training and Eagan City Council Special Meeting Minutes April 25, 2000 Page Two workshops for new clients. Coin ember Carls asked if the firm would also handle City- wide TO projects. City Administiator Hedges said that the Cedarvale area would be the main emphasis but that the firm could afs ,s: i c iof "}S c cts. Councilmember Bakken sthat there had been a lot of community participation to date. He asked for further detailg.newsletters and the scope of services. Mr. Fifield said that they would sit down with the Council and find out what they wanted the firm to do. He added that there were many techniques to use. Mr. Inman said that, in most cases, people do not know what is happening so they would need to provide a lot of communication. Councilmember Blomqui'Sctid she yygited to see the prices for the firm's services. Mayor Awada referred her to the•p ge in thiakoposal where they were listed. Mr. Fifield said they would sit down with staff artiIi'vork out:ii:aetailed budget. Councilmember Blomquist said that that was what she wanted Councilmember Bakken ai iiatt{#; di j isg er Carlson seconded a motion to retain the firm of Ehlers Associates to assist with project management and advise the City Council on the structure required in implementing the Village Plaza Redevelopment Plan. The motion passed unanimously. DISCUSS LOCATIONS FOR .41A Y MONUMENTS City Administrator Hedgess40 t eiepcirpose of this agenda item was to discuss possible locations for entry moniiikk s ::Senior PlOper Ridley displayed a map showing five possible locations located on public, ;i pf way 6f:City owned property. These were at the I- 35E and Cedar Avenue /Highway 7/ Iiiiiiiiii3Wkshyvay 55 at the Inver Grove Heights border, the I- 494 /I -35E /Highway 55 interchange, the Ceiia¢;A ,tae and Highway 13 interchange, and Pilot Knob Road at the Apple Valley /Rosemount bordei die informed the Council that MnDOT will not allow entry monuments in interchanges and that the monuments cannot be accessed from an interstate. He asked the Council if they wished staff to look for other locations on private property. Mayor Awada asked him to check on other locations and options. Councilmember Carlson suggested negotiating easements before discussing purchasing land. Senior Planner Ridley asked if the l.Occfiiic;eas hg•}t*t#;kentioned were the ones the Council wanted investigated. Councilme40:Elii4qt iiRififiifit:was a good place to start and that staff should also look for appropriate l lions o fate property. Senior Planner Ridley asif he sh;i i continue to look at the City owned property at Cedar Avenue and Highway 13 vg i2i3 ,t ;s; i2::ks3:>;srtrees. Councilmember Masin she had 8 heard complaints about the billb6 Ii i 61448tt8iti'and that she was concerned about removing trees. She stated she would like to see something that would blend in and not look like billboards. Mayor Awada said her idea was to place the monuments on high ground but with a good design. Councilmember Carlson suggested that the Council let staff advise them whether placement was possible in various loca:fep determine a design. Councilmember Blomquist suggested that staff also }Cc g ii•iis» 3f E dministrator Hedges asked the Council if they wanted staff to look at privatifitoperty and also. osts but not at dimensions or designs at this point. The Council indicated' approval. Eagan City Council Special Meeting Minutes April 25, 2000 Page Three Cquncilmember Masin sta:she thought the Council should seek public input as to what they thought would be appriiRite. Mayor Awada stated they would do that after they found out if it was possible to fin s(mio=1d,.icouncilmembeF Blomquist suggested a contest. Councilmember Bakken sk*sfe: 3 d#ement costs. At this point in the meetilyil ayor Awada informed the public watching the meeting on cable television that the City Couricpt neeting would be moved up to the Community Room so that the Advisory Planning Commission meeting could be telecast live beginning at 6:30 p.m. The remainder of the special City Council meeting would be taped and replayed on cable. The Council took a brief rss and reconvened in the Community Room. STREET REHAB f TATIO14VERLAY FINANCING POLICY City Administrator Hedggt,explaiogd tfiat the City Council had directed a study during 1999 of the Cit Special Assessaibftt' `410ga0 i Yeconstruction and rehabilitation of the City's street infrastructure. He'ifdatIllitillrii&takitPublic Works Colbert had been working with an independent attorney and appraiser team to make art objective analysis of the policy. He stated that the consultants would make the presentation. Director of Public Works Colbert introduced the consultants who had performed the independent study to analyze the policy from a legal perspective, attorney Bruce Malkersofiand appraiser Steven Hosch. Their report was distributed to the Council on April 9.. 1:4gAiii4 each to provide an oral executive summary of the report. Mr. Malkerson stated thatIfe rgviewed the written policies regarding the reconstruction of local streets. He itii ii t:I:2ty ps bi opinion that the policy was well written and that he had suggested only a few language el itsi :#l4Jd that he had included summaries of various legal cases in his report. He said he had riiii4Ohe City's Pavement Management Plan and that he was impressed by the plan. He stated that there was legal authority to assess for maintenance of streets. He added that he did have some suggestions for the process when addressing assessments. Mayor Awada said that thereMl...teeen sommfl#7oversy regarding the policy and asked Mr. Malkerson his legal opinion oiti alkerson stated that it was an excellent policy, but he added that it was 4£# CouriiitWeision to have such a policy. Councilmember Blomquist said that the controvei ivas really: garding the benefit to property value. She asked if the City could levy assessment$;d meet s; ;benefit rule. Mr. Malkerson answered that normally 90 -95% of the time thkipxicosAfftlFopikere was a benefit. He added that a city must follow good uniform procei#dS: t; did that. Mr. Malkerson said that the City of Eagan did not assess 100% of the costs. He added that the value of the property must go up at least to the value of the special assessment and that in most cases it does. Director of Public Works Colbert ,theA. }#roduced Steven Hosch, the appraiser. Mr. Hosch said that he had researched psi i' �i *li ?.cb five projects and compared sale prices prior to the projects' starts and aft¢:;l e• 3iojects 144 fripleted. He said he looked at sale and resale prices within a three -year p t%od with prices adgged for time and generally found a significant price adjustment betvim sales. He stated tbat.he had then looked at just straight Eagan City Council Special Meeting Minutes April 25, 2000 Page Four market data and had found increa prices over the assessment amount. Councilmember Blomquist asked if he had taken info consideration anything besides the actual prices: Mr. Hosch replied that he had looked at just TOW§.*t;t11**iififilifiticet activity. Mr. Hosch added that he had provided the Council with a sLc ib io l iiS: tfEebsed what was required to perform a market value appraisal. Director ublic Works Colbert said that the Council had also asked for an opinion whether there was 8 ;i :assessment benefit from overlays and patches. Mr. Hosch stated it was his opinion that they generally do create value. Councilmember Blomquist stated that one of the most highly criticized techniques of the City was to let streets deteriorate and then come in and do a total reconstruction. She stated that the City did not charge for sealco She said she believed that homeowners were charged more because the streets had not been riYtained Bakken asked her which streets she thought the City had purpose1i. et go. qmicilmember Blomquist answered Woodgate and Keefe. She said she was not criticiii ig the C1 She said the criticism comes from residents who believed the streets were not mair ti, d: el;g►iFefoFR 9i.had to pay more. Mayor Awada asked staff to respond.. Uirector of Public Works Colbert replied that the City of Eagan was undergoing a transition. He stated that.the older streets were not built to standards and that all the streets that had been reconstructed were not built to standards. He added that the City of Eagan has since implemented a total pavement management program that does not include total reconstruction. Blomquist asked.ih#ie way the policy was geared, when the street is not repaired, cost residents more MOIWition replied that he saw nothing in the policy that indicates staff lets streets d �e•s o ;they could come in later and totally e� reconstruct the streets. He addedWkiiiikity doe uch to preserve the streets. Councilmember Masin asked 'fiyr :ti f r nation on an extended scope of the study and for clarification on MLS language on using Mr. Hosch replied that the data showed both sales of new homes and resale inforiiijbn, and that by using the data regarding new home sales, you can evaluate the entire market. Therefore, the best way to look at time and market is to look at specific resales. Councilmember Masin asked which figure was best; was it the time adjusted price differential, given the market. Mr. Hosch replied that at this particular time he would say yes. Councilmember Masin asked about the mistakes in the first report. Mr. Hosch replied that therg. r e tyttos m:ghere were no mistakes in the figures. He added the typos have now beeac: Councilmember BlomquistAaid her original pre -study questions had not been answered. Mr. Hosch explained that they hiilifFgrforinciitithase one of the study and would need to go on to a phase two in an expanded studfcfq #c?o #y Mayor Awada stated that Councilmembers Blomquist and Masin had asked for the study and that the Council now needs to come to some resolution on the subject. She stated that she believed it was good the City had done the study, but that the City had just spent $15,000 to have people tell us that we are doing it right.RiogEO, ;p.1 ublic Works Colbert explained the process by which the consultants were hirecOiligii6ilikiiiitiYiftasin said she had been under the impression that the Council woulOgiii out about t$eigiidy and its cost before it was done. She said it made sense to her to do an evacuation of a proc o make sure we were doing a good job. Eagan City Council Special Meeting Minutes April 25, 2000 Page Five Councilmember Bakken ref*pped the discussion and stated that from a legal standpoint the City has a solid policy. All mtiOers agritQt ;with him. He stated that the study shows that when road improvements are dori ithe valui g property goes up. He said that he did not think it necessary to study more properj. He ad;e that the process is not an exact science but it tended to hold up in the courts. Councilmember Masin said'fhat fCf St iftnv iit nearly eight years the Council had been able to address the issues and the study should have been done sooner. She asked Mr. Hosch what the differential of the figures would be.between a phase one and future phase two study where the Council could receive specific detail. Mr. Hosch replied that he did not think the results would vary but he could not respond without furger detail. Councilmember Masin asked if the figures were safe. Mr. Malkerson ans?r!cd*:ij?;as and stated that since the figures would not change much, it did not make s p e t;Dt#p i'l1ise two of the study. Councilmember Masin Council need a policy of what could be spent without Council overview: Mayor Awada aitiapPiirxeltgke Council directs staff to do a project, does the Council want them to come back with a pro is iilt it would cost before proceeding with the project. Councilmember Masin said yes. DireCiecit ttf nblic Works Colbert apologized if he had misunderstood. He said he thought he had the Council's direction to proceed with the study and had provided informational memos regarding the status of the project. He said he did not realize that the Council had wanted cost estimates beforehand and noted that he had even been asked several times by the Council when they would see the report. Councilmember Carlson said the Council needed to take responsiNty to give cjei direction. Councilmember Blomquist said the Council had not received l $JQ 01'.. t nd that was the problem. Councilmember Carlson said the tfhcil nea i #:tii ask direct questions. Councilmember Carlson moved and;iiyor Awada seconded a motion that the last year and a half be summarized in a megiib.witb ;l reKt11.5,swlusions and price included. City Administrator Hedges stated for the project in perspective. He stated that the City had been reconstructing streets since 1991 and there had been a lot of projects. He added that, if the Council looked back over the number of projects, the cost of the study was insignificant compared to the cost of the projects. He stated that the City had looked for the best and unbiased consultants. City Councilalggtibsf $jomquist stated that it cost more to bond for public improvement reconstruction t1$ 'to ii i it 'day and not assess. The earlier motion then passed unanimously. Mayor Awad* iiit d that tiiiiri i9r debate was whether to raise taxes and pay for the projects with the addii#i a1 tax money or kigntinue with the assessment process. Councilmember Carlson stated t .Finance Director VaROverbeke had brought the Council Councilmember Blomquist said shktiglieved it was a good thing that they had done the study. However, she added, the study reeiirms that there are time, inflation and other factors involved which meant that the Citrfo}Ld amount for an assessment. Councilmember Carlson asked the study had cost from start to finish and suggested the Council do job costiti n the future. Mayor Awada agreed. Councilmember Blomquist asked about overlays. E incilmember Carlson stated that the debate had been about reconstruction. She said that overlays had been discussed as part of the maintenance policy and that, hopefully, will prevent reconstruction in the future. Eagan City Council Special Meeting Minutes April 25, 2000 Page Six figures that showed how much eatji use's taxes increased. Councilmember Blomquist asked to see these figures. Councilmember'ltken stated that the majority of the Council felt this was an equity issue and that a new system tQ a*V v.te residents who had paid under the old system. The Council then took a bb;f break. PART III CIP (2001 -2005) DISCUSSION (EXCLUDES PARKS REC PART III) City Administrator HedggS:old the City Council that he has tried to move consideration of the Capital Improvements Pro *ice (CIP) fi*arlier in the year, especially Part III that concerns construction of infrastructure, in ciq er to alldiighe City Council to review the proposals and to start the process for construction daf3ier. PuWorks Director Colbert said that a draft was being presented that evening for C. conci eviey; input and discussion and that formal approval of this part of the CIP w jg•I Lw fti gki m 16 City Council meeting. He explained that there were two majoi parts Oda sectioi[ bf the CIP: 1) Streets and Highways, and 2) Utilities. He stated the draft covered a five -year program with an approximate cost of $46.5 million. Director of Public Works Colbert touched on the highlights of the program that would significantly affect the City of Eagan and asked fey C iI direction. Mayor Awada asked for Council input regarding South Dodd RQ43; :was tfieduled for either 2001 or 2002. Councilmember Masin stated thatA0eiiiitteiearevious controversy regarding this project and suggested the Council schediite a hOghborhociitmeeting to receive input. Councilmembers Carlson and Blomquist agreed. Coiiiiiei tei glson stated that the direction for this project needs to come from the people. Director orl iiiiak ?igcA:l`olbert informed the Council that residents are calling with concerns about failing serkRztiaeems and development inquiries. Mayor Awada suggested the Council hold another neighborhood meeting on the project. Councilmember Carlson stated that the neighborhood wanted a cul de sac because of speeding traffic. Director of Public Works Colbert told the Council that the project was now scheduled for 2002 and that it would have to be moved up to 2001 in order for staff to work on it this summer. Mayor Awada moved and CouncilmprlF seconded a motion to move the project to 2001. There was Council consensi$ gc ft th t Gt li 2001. There was also Council cati%ensus to'Bidve the Trunk Highway 149 project to 2002. There was Council cone s §peet project to "future." Staff was directed to discuss this project wifi#he:L�•'�' :OftC and if agreement is reached to bring consideration of a time frame back to the Council. Regarding the North Dodd Road project that was scheduled for 2004, Councilmember Bakken stated the road was currently dart Fgbts he would like to consider a full urban upgrade. Councilmember Carlson 1301,t5:prrently unsafe, especially for pedestrians and she would like to move the ps diip as sodriikigitsible. Councilmember Bakken said he would like to see the project doncetiiiither also. Mayoi;igi asked if staff could handle the project Eagan City Council Special Meeting Minutes April 25, 2000 Page Seven sooner and Director of Public Workolbert said yes. There was Council consensus to move the project to 2001. Councilmember Carlson al:140-litMetitiftabiternment had not approved financing that the City had requested for Tr **Highway 149. Director of Public Works Colbert replied it was because there were other roa4Rti the metropolitan area with greater need. Councilmember Carlson asked why the Beau D'RiiitItioject was scheduled for 2001 when the City had not yet worked with the consultants on a plan for the Cedarvale area. Director of Public Works Colbert replied that a realignment of the road was not proposed in the plans for this particular project. Councilmember Carlson asked if the City was perforating traffic counts for the Lone Oak Road project. Director of Public Works:Wert replied that the County has that project programmed for 2002. Councilmember Masai hied how !bkee Doodle Road could be adjusted to six lanes with the existing retaining walls. Wiector o1 lic Works Colbert replied that traffic counts require six lanes and that the wallkigould h#:440 come down. Director of Public Works Ogialoift:OW#344114t new category, Trailways, and described seven proposed segments ciiiiiiR4ays Carlson expressed concerns about the planned trailway linking Wescott Woodlands ad Wescott Hills Drive in the vicinity of Carriage Hills Golf Course. A resident from the area asked if they would have a chance to see the proposed plan prior to construction. Director of Public Works Colbert said yes and that the trail would be physically separated from the private road.49ither resident expressed concerns about golf balls coming at high speeds where the patIottORN Director of Public Works Colbert explained that without a trail, there wgp He explained that, at this time, they are only programming the schedule fg:M4ititifflaremfeci and the exact design will be done later. A resident asked if the trail would lk Councilmember Carlson said the City might need to consider this to prevel4facitgiommtlking on the private drive to slide at the golf course. A resident said the owners of tfiet:6144iiitt:did not want people sliding there and that plowing the trail would invite them. Mayor Awa'&444ked the residents' preference of no path or an enclosed path so people could not leave the path. A resident answered that they were concerned about keeping people on the path, but the path needed to be plowed for safety reasons. The Council 'concurred with the time frames listed for trailway improvements. Director of Public Works C.olkOtgken des541AfilAight proposed traffic signals. Mayor Awada asked if the City was going giiitiVerfikiagop signs at Lexington Avenue and Nqrthwood Parkway. Director ottSpic vve*F61bert explained that Dakota County does not put up temporary stop signs. Ma A4vadalit and Councilmember Carlson seconded a motion to have staff request that 04ota Cotigfput up stop signs at this location. The motion passed unanimously. Councilme•iiiiiAKW445Agitkgcloy*ther signals near the postal facility would be placed at Clubview or iEbc Works Colbert replied that Dakota County was doing a study to see which location would be better for traffic. The Council concurred with the time frames listed for traffic signals. Eagan City Council Special Meeting Minutes April 25, 2000 Page Eight t CAL PRIMARY DISCUSSION City Administrator Hedge0g9rOgVe the City had received an E -mail from a resident suggesting the posimigiAiiiiiiburiikii/iiition for local candidates and that he had forwarded a copy to the CounGjk an informative memo. After receiving the copy, Councilmembers Carlson and Baki0 had requested that a discussion of holding a primary election be placed on the April 25 iligenda. He said that Director of Finance /City Clerk VanOverbeke had researched the possibility of holding.a primary election and had provided information to the Council concerning what the City needs to do if they want to consider holding a primary election. Councilmember Carlson said she was for holding a primary and that a number of other cities do so. She OW it gave the voter a chance to vote twice. Director of Finance /City Clerk VanOverbekdtplained 3'Ibit the Council could create a primary election by either amending the ordinance or :;passing* %solution to do so. Councilmember Carlson wp est.q..F die Co 0j should receive public comments regarding this issue. Councilmenjti Wti: O because campaigning would begin earlier and that would mean more camps gi expenses for candidates. She also said the Council should receive input from the public. Councilmember Blomquist asked if Councilmember Carlson was thinking about holding the election this year or two years from now. Councilmember Carlson replied that she was thinking about this year because it would give voters a chance to learn more about fewer candidalw Councilmember Blomquist replied that she did not care when it would start but thAt t2 4:icil did need public input. She added that people feel strongly about electigsAkw;I,%dxbncerns about making a decision on the matter quickly. Councilmember iiifsa3a he gguicil should put the item on a regular meeting agenda and ask the peoe ,vide inpi: Councilmember Masin said the input would need to be received quickly bee* sg a .ion needed to be made soon in order to hold a primary this year. She asked if publicizing rit :j for this issue would dilute the publicity for the upcoming referendum. City Admirifsftia it Hedges explained that the City would not do anything more on the referendum except appoint election judges. Councilmember Carlson stated she did not think the City would incur a major cost because the primary election was already scheduled for other offices. She suggested calling the cities that hold local primaries to fir kvig j advmkifig disadvantages. Mayor Awada suggested that questions should bkiitiatiii the top four candidates had to spend more money. Councilmerrt'! f Masinsted also asking how long the cities had been holding primaries and if there h;aiiee;isubsliititial changes in the number of candidates. Mayor Awada stated that the number of 4didateigill been increasing in Eagan. Councilmember Bakken said that the more he rea4;a c+¢rkVi.l;•pids •h was in favor of a primary. He said he saw it as opening up the process.: warranted public input. Councilmember Bakken moved and Councilmember Carlson seconded a motion to place consideration of a primary election on the May 16, 2000 regular City Council meeting agenda and to publicize that the Council was seeking public comment regarding the issue. The motion passed unanimously. Eagan City Council Special Meeting Minutes April 25, 2000 Page Nine FORMAL ETH1t. OMPLAINT AGAINST MARSHALL TANICK Mayor Awada expressed boss, mtn :Atkilt ichael Vincent•lawsuit, there were confidential and privileged docun1 **W0. ifn given to the Mayor, City Councilmembers and City AdminjAator that haci been turned over to Michael Vincent's lawyer, Marshall Tanick. She said that Mi;: inick had been asked to reveal the source of these confidential documents and did nisi: :She said she was very concerned about how Mr. Tanick had gotten the documents. Councilmember Blomquist said.this matter had been discussed in an executive session and she thought it was confidential information. Mayor Awada said the ethics violation had not been discussed. She referenced a memo from Cliff Greene with a list of issues. Councilmember Carlson said she ought this was a huge problem to not know who is passing out private and confidential docu tts and MKCouncil needed to find out. Councilmember Bakken said that, speaking as an atorney, he a duty to police his profession. He explained that, when an attorney receives cciAiential 1 privileged documents from the other side of a lawsuit, he needs to properly dispgse,gf theme of to notify the other party. He said that Mr. Tanick did neither so he had an oFfl£ fijc }:?to:iKii gtiiis iii rce. He said the City has a need to know what is going on internally. stated that the other Councilmembers kept saying documents in the plural and asked the number of documents. Mayor Awada replied that there were numerous documents on file with Cliff Greene and that she would get the number from Mr. Greene. Councilmember Masin said the City has,laedk:itged through the mud during the last year and that the lawsuit was finally settled i f gekted that the issue be ended and the Council get on with its business fi.,',r. Lwai a*rep d that the persons who were sued had done nothing wrong and did not th g.tjie lawsuit.p themselves. She said she was concerned that the acquisition of the documer4:13AWiT.mck,could affect the City's insurance and also the City staffs and Council's trust of others. She e .asslted to be sure that a person in the same ty o;,51� P room was not handing over private and confidendatifiii4itents to others. Councilmember Blomquist stated that there was no proof that any of them gave the documents to others. Mayor Awada said she not accusing anybody but they needed to find out who, and Mr. Tanick needed to be faced with his ethics obligation. Councilmember Carlson said.ft had no protection from frivolous lawsuits and that all they could do:211!* ;a{igf i elves and the City. She said it did not make sense that someone would ic» to give; ixnents to a person who was suing the City and that they needed to get to the botfieof it. CdQMcilmember Masin said that this was discussed.in an Executive Session, and she thoiiigfit that ogif frf the attorneys had said something about resolving the issue and she had t> iit MAg: tould dosik Mayor Awada replied that this type of action was not discussed. CouittS*t per ii i ithat this action was something the Council needed to do in order to insure continuing insurance coverage through the League of Minnesota Cities Insurance Trust (LMCTT) and to protect the City's integrity. Councilmember Masin stated thatug heard some of this information before and commented that maybe Mayor Awai3* *i Dtifi nbers Bakken and Carlson had heard it from their attorneys. Councilmem she did not know what documents were being referred to and that alkliir knew was that ac five of them and the City Administrator had had them. She said she was zwt:,going to agree to s d taxpayer dollars on this. Mayor Eagan City Council Special Meeting Minutes April 25, 2000 Page Ten Awada sajd it would not cost morifgo file a complaint. Councilmember Blomquist asked who would file the complaint. Mayor Mada replied that City Attorney Sheldon would. Councilmember Blomquist replieckttsttyfRO:F9.$194ney. Councilmember Bakken said that it would not cost much money, ang)10**iiikigNif the City's insurance coverage was dropped, it would cost the City a wet deal of money. Mayor Awada moved and Councilmember Carlson seconderWfriotion to direct Jim Sheldon to file an ethics complaint regarding the issues that Cliff Greg* outlined in his memo with the State Ethics Board. The motion passed on a three to two vote. (Blomquist and Masin opposed) Date The meeting was adjourned at approximately 9:00 p.m. p ity Clerk city of eagan MEMO MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 16, 2000 SUBJECT: AGENDA INFORMATION FOR JUNE 20, 2000 CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES On June 5, 2000, prior to the City Council meeting, Councilmember Masin requested additional information be included in the April 25, 2000 special City Council minutes. The minutes were continued to the June 20, 2000 City Council meeting to allow Councilmembers an opportunity to review the requested changes. Enclosed on page .2 is a copy of the changes to page 10 as requested by Councilmember Masin. After approval is given to the June 20, 2000 City Council agenda, the minutes of the June 5, 2000 regular City Council meeting, and the minutes of the June 8, 2000 and the April 25, 2000 special City Council meetings, the following items are in order for consideration. 1 Eagan City Council Special Meeting Minutes April 25, 2000 Page Ten Awada said it would not cost money to file a complaint. Councilmember Blomquist asked who would file the complaint. Mayor Awada replied that City Attorney Sheldon would. Councilmember Blomquist replied that that would cost money. Councilmember Bakken said that it would not cost much money, and he was concerned that if the City's insurance coverage was dropped, it would cost the City a great deal of money. Mayor Awada moved and Councilmember Carlson seconded a motion to direct Jim Sheldon to file an ethics complaint regarding the issues that Cliff Greene outlined in his memo with the State Ethics Board. Councilmember Blomquist asked if the Mayor and Councilmembers Bakken and Carlson had discussed this matter. Councilmember Carlson said no and that she had been out of town and had not even known that the item would be on the agenda. Councilmember Carlson said she objected to the implication that Mayor Awada, Councilmember Bakken and she had a set agenda. Councilmember Carlson said the Council needed to get more information about what happened. Councilmember Masin said that Councilmember Carlson and the others had gotten information from the League and their attorneys that she had not received. Councilmember Carlson said she had not asked to be sued. She stated that the reason she had to have an attorney was because she was a victim. She said that the Council had to do something about the leak of information. Councilmember Masin told Councilmember Carlson that she should have done something a year and a half ago when Councilmember Carlson found the envelope on her doorstep. Councilmember Carlson replied that she had only been a Councilmember for seven days when she received the envelope and did not know what she was supposed to do. She said she had suffered for a year and a half because she had gotten something in an unmarked envelope at her house. Councilmember Masin asked Councilmember Carlson why she had not told everybody. Councilmember Carlson asked why she should have and suggested that Councilmember Masin talk to Councilmember Blomquist because Councilmember Blomquist had told her to get rid of it. Councilmember Carlson announced that she was going home. Councilmember Bakken called for a vote on the previous motion. The motion passed on a three to two vote. (Blomquist and Masin opposed) The meeting was adjourned at approximately 9:00 p.m. Date Deputy City Clerk HD Agenda Information Memo June 20, 2000 Eagan City Council Meeting ATTACHMENTS: A. RECEIVE AND ACCEPT THE DECEMBER 31, 1999 COMPREHENSIVE ANNUAL FINANCIAL REPORT ACTION TO BE CONSIDERED: To accept the December 31, 1999 Comprehensive Annual Financial Report. FACTS: The financial report has been completed and the audit by Kern, DeWenter, Viere, Ltd. has been performed. No significant findings were made during the audit. Dave Hinnenkamp of Kern, DeWenter, Viere, Ltd. will present the report at the meeting and will be available along with the Acting Director of Finance to answer any questions. The financial report and management letter are enclosed without page number. Agenda Information Memo June 20, 2000 Eagan City Council Meeting B. LEAGUE OF MINNESOTA CITIES YOUTH DELEGATION UPDATE ACTION TO BE CONSIDERED: To acknowledge Eagan youth who participated in the LMC Conference held on June 13 -16 in St. Cloud. FACTS: The LMC Annual Conference was held in St. Cloud on June 13 -16. The theme for this year's conference was "Building Quality Communities." Minnesota youth delegates between the ages of 14 and 18, who would like to learn more about local government, were welcomed and acknowledged as participants in the conference. City Councilmember Masin organized a youth delegation to attend this year's conference, consisting of Sara Block and Maggie Hoadley, who attended the entire conference, and Preston Dean, who was in attendance at the all -day Wednesday sessions. Also in attendance were Administrative Intern Ben Kristensen and the City Administrator on Wednesday and Thursday. Councilmember Masin has invited the youth delegation to appear at the meeting on Tuesday and provide a brief update to the City Council and community on the conference. Councilmember Masin was a member of a panel entitled, "Minnesota's Younger Citizens: Partners of City Hall,: a concurrent session that was held on Wednesday and designed especially for the youth delegates. L+ Agenda Information Memo June 20, 2000 Eagan City Council Meeting CENSUS UPDATE The City of Eagan was one of a minority of jurisdictions that reached its Census 2000 target response rate. 81% of Eagan residents who received a Census 2000 form mailed it back to the Census Bureau before April 25 This rate was significantly higher than the national response rate of 65% and higher than the Minnesota rate of 72 Dakota County's overall rate was 80 Since that time, the Census enumerators have been in the field gathering information from those addresses that either did not send their form in or did not send it in time. The local Census office in Rochester, MN is proud to announce that they have achieved the 100% complete mark for the enumeration process meaning, all addresses that were sent a form have either mailed the form back or have been visited by a Census representative. The next phase of Census 2000 will be CIFU (Coverage Improvement Follow -Up), a 3-4 week program beginning July 6, 2000. This program is a catchall for areas missed during the mail out/enumeration process and include the following activities: Visiting non listed places not in the mail out/enumeration lists Visiting secured apartment complexes that were inaccessible to enumerators. Checking deleted/vacant addresses to verify non occupancy (Census Bureau requires two visits before deleting an address). Visiting new construction since the last address update. Visiting respondents mailing back blank returns. Visiting U.S. Postal Service Additions Handling LUCA Appeals. Between now and July 6, 2000, the Census Bureau's main goal will be to verify information about owners of P.O. boxes. At this time, no other programs are planned after the CIFU program is completed. 9/? Agenda Information Memo June 20, 2000 Eagan City Council Meeting ACTION TO BE CONSIDERED: To provide staff direction for the next steps to proceed with the central park and community center development. FACTS: At the special City Council meeting held on Tuesday, June 20, the City Council reviewed a process for proceeding with the central park and community center development. The first step is to direct staff to begin preparation of an RFP process for each of the following; an architect, construction manager and park planner. Once the RFP is developed and reviewed by the City Council, a process to invite proposals, conduct interviews and a final selection by the City Council will follow. The overall process will take approximately two to three months. Also given consideration at the special City Council meeting is the appointment of focus groups or "design teams" that will begin assembling information about either site or facility design that will ultimately be reviewed by the architect and special park planner and approved by the City Council at various stages in the process. ATTACHMENTS: CENTRAL PARK UPDATE A. FUTURE STEPS FOR THE CENTRAL PARK COMMUNITY CENTER DEVELOPMENT Enclosed on pages 6 through 9 is a copy of the special City Council information that was shared at the June 20 meeting. S city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 13, 2000 SUBJECT: SPECIAL CITY COUNCIL MEETING /JUNE 20, 2000 A Special City Council meeting was scheduled by the City Council for Tuesday, June 20, at 5:00 p.m. The meeting will adjourn at approximately 6:10 p.m. and a light lunch will be served in the employee lunchroom. CASCADE BAY POLICIES/USE OF STROLLERS AND TELEPHONES k. io At the r. City Council meeting held on Monday, June 5, Mr. Stuart Forseth, 475 West Pilot Kris oad, appeared a e City Council meeting and expressed his opposition to a policy restricting •r• Hers from Cascade Bay. ce Mr. Forseth appeared under Visitors to be Heard and time was limited r any further consideration of 1 •.licy matter, the policy restricting strollers from Cascade Bay was d: erred to the June 20 Special City Counc'. ting for further discussion. When Cascade Bay was un• construction, research was conducted on polic s and procedures at similar facilities. The majority of the er parks' research does not allow strolle due to safety reasons. There have been cases where life guards e had to rescue infants in unatte strollers in the zero depth entry area of facilities. Research has also indi' ed that even if the infants strollers did not have to be `rescued they were most often left unattended while dians utilized the ility with other children or adults, or the strollers were left empty and unattended. The ch also ed that the number of strollers likely to be on site at any one time would make the site and t' eable and, therefore, the policy decision to not allow strollers into Cascade Bay for the safety o patrons was acknowledged during 1999. During the initial weeks of the 1999 season, were a As the season continued, these requests s' cantly dropped allowed to bring portable car seats inside e facility. Strollers, ble b locked up. Many guests utilized bo these options. During the 1 18 months visited the facility. s jority of guests with children in stroll are understanding of the reaso behind this policy. Hastings Family Aq Center also does not allow strollers into its facility for reasons. Darbie Johnson, Aquatics rector; said they also did research prior to opening in 1999 and veloped the "no stroller policy" the safety of all of their guests. Hastings is also a zero depth entry facility. of requests to bring strollers into the site. sts found other options. Guests are cles, can be kept outside the gate and n, 670 infants under the age of who have visited Cascade Bay Staff ain discussed the policy restricting strollers from entry into Cascade Bay and continue have con about the space strollers will occupy within the facility, given the number of potential users. ves that guests are able to enjoy the facility with the current policy and the facility is safer for all of it guests due to the policy. A question has also been raised about the policy regarding use of telephones for "emergency" .1 at e Bay. There are pay phones both inside the facility and outside the facility for use the public. Phones e Bay are used for emergency purposes only. A question has been .y a user of the facility to adds the policy relative to telephone usage. Residents who have the Special City Council meet ACTION TO BE CONSIDERED: To provide staff direction relative to Cascade Bay po CONSIDER APPOINTMENT OF ZO The Advisory Planning Commissio suggesting that a Zoning Ordinance by the City Council. Attached pages through is a copy of a Ridley providing informati• about the purpose of the Zoning Ordinance Update Co timeline for their wor ACTION T CONSIDERED: estions about the stroller policy and telephone ORDINANCE cy will more than likely be at regarding use of strollers and telephones. ATE COMMITTEE e Committee be appointed from Senior Planner ee and a general To •de direction regarding the appointment of a Zoning Ordinance Update Committee as requested by Advisory Planning Commission. DISCUSSION RE: FUTURE STEPS FOR THE CENTRAL PARK AND COMMUNITY CENTER DEVELOPMENT There are a number of next steps involved in proceeding ahead with the Central Park and Community Center development in light of the bond referendum that was passed on June 6. The following is a brief outline of the next steps that will occur as the community proceeds ahead with this project. RFP Process /Architect and Construction Manager One of the first actions to be considered is authorization to staff to proceed with an RFP process to select both an architect and construction manager. It will be necessary to prepare an RFP, solicit requests for proposals and then the City Council will select both the architect and construction manager following final interviews. Park Planner It is also suggested that the City give consideration to a park planner who can review the entire 60 acre site and provide input and direction for use by the architect, construction manager, focus groups, staff and community as the City proceeds ahead with the project. Other Considerations At a future date, it will be necessary to rezone and re-plat the property. There will be engineering studies, coordination of the central parkway, construction that was directed by a petition, a request for feasibility report for Duke Weeks, meetings with adjacent corporations to discuss partnerships and, finally, appointment of focus groups/design teams made up of Eagan residents and technical -staff to review both external and internal facets of the Community Center and Central Park elements. Focus Groups/"Design Teams" The Council should consider the establishment of "design teams" to review and refine the architectural program, schematics designs and eventual building /park designs. To that end, staff is suggesting the consideration of establishing three teams; one would be designated as the "park design" team, the second as the "building design" team and a third would review "partnerships and operations The teams would consist of consultants (architect/park planner /construction manager), project manager, technical staff appropriate to the specific team (engineering, forestry, etc) and perhaps one or two council members as may be appropriate. In addition, the establishment of various "focus groups" would aid the design teams. The focus groups role would be to pay particular attention to the initial program development of a particular area. Staff has identified three focus topics in the area of park design and seven in the building design. Their responsibility would be to provide input to the architect and design team relative to their task area. The third design team would review potential partnerships and operations. A number of possible partnerships were discussed during the early stages of the Community Facilities Task Force study. This team would investigate potential partnerships and operations as the project moved forward through the development process. The City Council will maintain the final authority to approve all the design, programs and operational policies for this project. A diagram is attached on page to help illustrate this model. /s/ Thomas L. Hedges City Administrator N MeFsr;lp m E to i rfl M {A so f� d r f0 sn as a E W E b .-NM.V LA W 15 E 0 V t d a+ w 441 d g L V 0 E �v 01- a u u Agenda Information Memo June 20, 2000 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. PERSONNEL ITEMS Item 1. Seasonal Lifeguards/Cascade Bay- ACTION TO BE CONSIDERED: To approve the hiring of Danielle Hassett, Ann McGrath and Lindsay Howe as seasonal lifeguards for Cascade Bay. Item 2. Seasonal Concessionaire/Cascade Bay- ACTION TO BE CONSIDERED: To approve the hiring of Nathan Starkson as a seasonal concessionaire for Cascade Bay. Item 3. Seasonal Guest Service Shift Leader /Cascade Bay- ACTION TO BE CONSIDERED: To approve the hiring of Sally Andrews as seasonal guest service shift leader for Cascade Bay. Item 4. Seasonal Operations/Maintenance Shift Leader /Cascade Bay- ACTION TO BE CONSIDERED: To approve the hiring of Marc Kettleson as a seasonal operations/maintenance shift leader for Cascade Bay. Item 5. Seasonal Utilities Intern- ACTION TO BE CONSIDERED: To approve the hiring of Leah Taylor as a seasonal utilities intern. /D Agenda Information Memo June 20, 2000 Eagan City Council Meeting Item 6. Seasonal Ballfield Attendant- ACTION TO BE CONSIDERED: To approve the hiring of Jon Steining as a seasonal ballfield attendant. Item 7. Seasonal Park Attendant- ACTION TO BE CONSIDERED: To approve the hiring of Al Sivongsay as a seasonal park attendant. Item 8. Seasonal Park Maintenance Workers- ACTION TO BE CONSIDERED: To approve the hiring of Adam Fechner, Jake Loesch, Chris Colbert and Kern Hauenstein as seasonal park maintenance workers. Item 9. Seasonal Tennis Instructors ACTION TO BE CONSIDERED: To approve the hiring of Melissa Manke, Thomas Ford, Robin Curlee and Erin Severson as seasonal tennis instructors. Item 10. Seasonal Recreation Assistant- ACTION TO BE CONSIDERED: To approve the hiring of Laura Beaubien, Jessie Hausman, Megan Linville, Alyssa Brecke, Jenny Donndelinger, Michele Hanninen, Ashley Kjos, Emily Krinhop, Jennifer Rummel, Erin Wester, Ryan Teskey, Anna Shogren and Lindsay Severson as a seasonal recreation assistants. Item 11. Seasonal Recreation Leader- ACTION TO BE CONSIDERED: To approve the hiring of Sarah Haxton, Julie Kugler, Jessie Sayre, Kim Garrison, Daniel Beaubien, Steve Anderson and Steven Johnson as seasonal recreation leaders. Agenda Information Memo June 20, 2000 Eagan City Council Meeting Item 12. Seasonal Skating Instructors /Civic Arena- ACTION TO BE CONSIDERED: To approve the hiring of Kim Sundin, Molly Smith, Melissa Hatch and Marcelle Schrier as seasonal skating instructors for the Civic Arena. Item 12. Seasonal Concessions Workers /Civic Arena- ACTION TO BE CONSIDERED: To approve the hiring of Theresa McMahon and Megan McMahon as seasonal concessions workers for the Civic Arena. Item 13. Collective Bargaining Agreement/Sergeants ACTION TO BE CONSIDERED: To approve the 2000 -2001 collective bargaining agreement with the police sergeants collective bargaining unit. FACTS: Mediation between the collective bargaining unit for the sergeants and the City of Eagan was held on Wednesday, May 17, 2000. At the mediation session, a tentative agreement was reached between the two parties. The sergeants bargaining unit as a whole voted unanimously to approve the tentative agreement during the week of May 28. At an executive session held on Monday, June 5, 2000, the City Council tentatively approved the collective bargaining agreement. Therefore, it would be appropriate for the City Council to officially approve the collective bargaining agreement at the June 20, 2000 regular meeting. The main provisions of the agreement are a 2% increase in wages as of January 1, 2000, a 2% increase as of July 1, 2000, and a 3.5% increase for 2001 and changes to the retirement, call- back time, and court time sections of the agreement. Agenda Information Memo June 20, 2000 B. CONTRACT 00 -02, HILLTOP, VIENNA WOODS, WILDERNESS PARK STREET OVERLAY ACTION TO BE CONSIDERED: To receive the bids for Contract 00 -02 (Hilltop Estates, Vienna Woods and Wilderness Park Street Overlay), award the contract to McNamara Contracting Inc., for the Base Bid in the amount of $418,124.50, and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: The bituminous street overlay of the streets within the Hilltop Estates neighborhood (SW Section 22), the Vienna Woods neighborhood (NE 'A Section 31), and the Wilderness Park neighborhood (North %z Section 27), is programmed for 2000 in the City's 5 -Year Capital Improvement Program (2000- 2004). On May 2, 2000, the Council directed the preparation of detailed plans and specs and authorized the advertisement for solicitation of competitive bids for Contract 00 -02. On June 5, the City Council authorized the overlay of these streets; Hilltop Estates (Project 754), Vienna Woods (Project 781), and Wilderness Park (Project 783) under one contract and approved the plans for Contract 00 -02. At 10:30' a.m. on June 15, formal bids were received for this project. A copy of the bid tabulation is enclosed. All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid from McNamara Contracting Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: Bid Tabulation, page /3 Contractors 1.) McNamara Contracting, Inc. 2.) Valley Paving, Inc. 3.) Northwest Asphalt 4.) Bituminous Roadways 5.) Hardrives, Inc. Hilltop Estates Project 754 Low Bid Feasibility Report Estimate Percent Under Estimate Engineer's Estimate Percent Under Estimate Vienna Woods Project 781 Low Bid Feasibility Report Estimate Percent Over Estimate Engineer's Estimate Percent Over Estimate Wilderness Park Project 783 Low Bid Feasibility Report Estimate Percent Over Estimate Engineer's Estimate Percent Under Estimate BID SUMMARY Hilltop Estates City Project No. 754 Vienna Woods City Project No. 781 Wilderness Park City Proj. No. 783 Street Overlay City Contract No. 00 -02 162,742 170,950 -4.8% 166,755 -2.4% 155,612 144,830 +7.5 155,400 +0.1% 99,770 98,070 +1.7% 100,930 -1.1% /y Bid Date: Thursday, June 15, 2000 Bid Time: 10:30 a.m. Total Base Bid 418,124 421,411 429,591 443,535 478,755 Agenda Information Memo June 20, 2000 C. CONTRACT 00 -03, OLD SIBLEY MEM HWY, LONE OAK CIR GALAXIE STREET RESURFACING /OVERLAY ACTION TO BE CONSIDERED: To receive the bids for Contract 00 -03 (Old Sibley Memorial Highway, Lone Oak Circle and Galaxie Avenue Street Resurfacing/Overlay), award the contract to Valley Paving, Inc., for the Base Bid in the amount of $162,086.10, and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: The bituminous street resurfacing of Galaxie Avenue and Old Sibley Memorial Highway and the bituminous overlay of Lone Oak Circle are programmed for 2000 in the City's 5 -Year Capital Improvement Program (2000 2004). On May 2, 2000, the Council directed the preparation of detailed plans and specs and authorized the advertisement for solicitation of competitive bids for Contract 00 -03. On June 5, the City Council authorized the resurfacing of Galaxie Avenue (Project 780) and Old Sibley Memorial Highway (Project 782) and the overlay of Lone Oak Circle (Project 789) under one contract and approved the plans for Contract 00 -03. The scope of Project 782 (Old Sibley Memorial Highway) was reduced to shorten the length of the cul -de -sac and an appraisal has been ordered to determine the valuation benefit for the Slater parcel due to the reduced scope and the configuration and easement encumbrances of the parcel. The final report will be included in the Final Assessment Roll. At 11:00 a.m. on June 15, formal bids were received for this project. A copy of the bid tabulation is enclosed. All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid from Valley Paving, Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: Bid Tabulation, page /i4 /S Contractors 1.) Valley Paving, Inc. 2.) Northwest Asphalt 3.) Bituminous Roadways 4.) McNamara Contracting 5.) Hardrives, Inc. Galaxie Avenue Project 780 Low Bid Feasibility Report Estimate Percent Under Estimate Engineer's Estimate Percent Under Estimate Low Bid Feasibility Report Estimate Percent Under Estimate Engineer's Estimate Percent Under Estimate Lone Oak Circle Project 789 BID SUMMARY Galaxie Avenue City Project No. 780 Old Sibley Memorial Highway City Project No. 782 Lone Oak Circle City Proj. No. 789 Street Improvements City Contract No. 00-03 70,783 86,310 -18.0% 81,235 -12.9% Old Sibley Memorial Highway Project 782 49,978* 62,200 -19.7% 57,015* -12.3% *Reflects reduced scope of project per City Council direction at 6 -5 -00 Public Hearing Low Bid 41,326 Feasibility Report Estimate $43,830 Percent Under Estimate -5.7% Engineer's Estimate 35,555 Percent Over Estimate +16.2% /6 Bid Date: Thursday, June 15, 2000 Bid Time: 11:00 a.m. Total Base Bid 162,086 168,579 173;812 173,938 204,275 Agenda Information Memo June 20, 2000 D. CONTRACT 99 -09, ADVENT UNITED METHODIST PATRICK EAGAN PARK PARKING UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 99 -09 (Advent United Methodist Church and Patrick Eagan Park Parking and Utility Improvements) in the amount of $23,136.96 to Bituminous Roadways, and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: Contract 99 -09 provided for the extension of public sanitary sewer to the southern limits of the Advent United Methodist Church's property, a new parking lot for Patrick Eagan Park, and a shared driveway entrance for the park and church opposite the intersection of Lexington Avenue and Northview Park Road. These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Agenda Information Memo June 20, 2000 E. SILVER BELL ADDITION (OUTLOTS 2 3) EASEMENT VACATION ACTION TO BE CONSIDERED: To receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on August 15, 2000. FACTS: On June 9, 2000, City staff received a letter from Chas Arend, Vice President, Facilities for Space Center Air Cargo, Inc., requesting the vacation of the existing drainage and utility easements on Outlots 2 and 3, Silver Bell Addition, northwest of the intersection of Kennebec Drive and Silver Bell Road. The easements were dedicated as part of the Silver Bell Addition plat for drainage and utility purposes, including ponds. The purpose of the request is to allow Space Center Air Cargo, Inc. to construct a new office warehouse building on Outlots 2 and 3. The configuration of the proposed building would encroach upon some of the existing drainage and utility easements, conflicting with some storm sewer pipe. The applicant is proposing to relocate the existing storm sewer to allow the building construction in conjunction with a new final plat which is anticipated to be presented to the Council on August 15. Drainage and utility easements will be dedicated as part of the new plat combining the two outlots. The request would vacate the existing easements, avoiding future conflicts with underlying easements. ATTACHMENTS: Legal Description, graphic, page 19 Location Map, pages a 0 ithrtragfr lf /7 6 -15 -2000 1 r PROPOSED VACATION J _AA jf L• DOOOLE ROAD L J CJ NO SCALE 6 -12 -2000 City of Eagan PROPOSED EASEMENT VACATION SILVER BELL RD. KENNEBEC DR. LOCATION MAP Figure 1 Agenda Information Memo June 20, 2000 ACTION TO BE CONSIDERED: To receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on July 18, 2000. FACTS: On May 25, 2000, City staff received a letter from Barry Morgan, Master Civil and Construction Engineering, Inc., requesting the vacation of existing drainage and utility easements within Lot 30, Block 3, Blackhawk Glen 2" Addition. Mr. Morgan is representing Doug Hoskin, 3640 Birch Pond Road, owner of said property. The easements were originally dedicated to the City as part of the Blackhawk Glen 2 Addition development for drainage and utility purposes. The easements accommodate existing storm sewer lines and a drainage pond. The purpose of the request is to allow Mr. Hoskin to replat Lot 30, Block 3 into two lots. The deletion of a portion of the existing easement for the pond and the subdivision of the existing lot into two will allow the construction of an additional house. The portion of the drainage and utility easement needed to be removed from the existing easement is above the 100 -year flood elevation of the adjacent ponding area. Drainage and utility easements necessary to accommodate any planned or existing utilities, ponding or drainage ways will be dedicated as part of the new plat. The request would vacate the existing easements, avoiding future conflicts with underlying easements. ATTACHMENTS: F. BLACKHAWK GLEN 2 ADDITION (LOT 30, BLOCK 3) EASEMENT VACATION Legal Description, graphic page. Location Map, pages j i *twitter- 'spot" N F EMT O O a T F F iszsss mrt I► la -3 0 I PUIT PLAT amos mar Yi IMO i it irr r 611•14, GOO iIMEirrl 11.11s RAM •sgatrm Imi• MEI es fj PROPOSED VACATION GVACATIONS /BLACKHAVK HILLS OUPARY MIX (NTRNL FRO UTIES PROPERTY (UPb) YANKEE 0000LE ROAD Y NO SCALE 6 12 -2000 E___I a City of Eagan PROPOSED EASEMENT VACATION Lot 30, BLACKHAWK GLEN 2nd ADDITION LOCATION MAP Figure 1 Agenda Information Memo June 20, 2000 Eagan City Council Meeting G. CONFIRMATION OF FINDINGS OF FACT, CONCLUSIONS RESOLUTION OF DENIAL USPS PROPERTY ACTION TO BE CONSIDERED: To confirm the Findings of Fact, Conclusions Resolution of Denial of the Rezoning request of the USPS by Bale Anderson, Ltd. For 6.72 acres located east of Johnny Cake Ridge Road in the NW '/o of Section 28. FACTS: At its regular meeting of June 5, 2000, the City Council directed staff to prepare Findings of Fact, Conclusions Resolution of Denial regarding the Rezoning request of the USPS by Bale Anderson, Ltd. to be considered at the June 20, 2000 regular Council meeting. BACKGROUND /ATTACHMENTS: (1) Findings of Fact, Conclusions Resolution of Denial, page through c g a I/ SENT BY 612 432 3780 6 -15- 0 14 :23 BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of LISPS for a Rezoning DRAFT aS SEVERSON SHELDON 651 681 4694;# 2/ 5 FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION On May 23, 2000 following publication of notice to the public, the Advisory Planning Commission of the City of Ragan conducted a public hearing to consider the request of the applicant, LISPS, for a rezoning from R -1 (Single- family Residential) to R -3 (Residential Townhouse) on 6.3 acres located south of Diffley Road and east of Johnny Cake Ridge Road in the Northwest Quarter of Section 28, Township 27 N, Range 23 W, in the City of Eagan, Dakota County, Minnesota. The Applicant's representative appeared at the public hearing and spoke in favor of the request. During the public hearing, the Advisory Planning Commission received and considered staff reports and citizen input, planning reports and other background information, specifically including the information regarding the City Council's decision on September 7, 1999, to rezone the subject property to an R -1 (Single family Residential) designation from an R -4 (Multiple Residential) designation. Following the May 23, 2000 public hearing the Advisory Planning Commission voted to recommend denial of the requested rezoning to the City Council. The matter then came before the Eagan City Council at its June 5, 2000 meeting. The Council received, considered and discussed the Advisory Planning Commission recommendations, input from staff, planning reports, together with all the files, records and prior proceedings. The Applicant's representative was present and again spoke in favor of the request. SENT BY: 612 432 3780 6 -15- 0 14:24 2 ad SEVERSON SHELDON 651 681 4694 3/ 5 Based upon all the files, records, prior proceedings and input which were presented at the meetings or available to the City Council, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. The matter is properly before the Eagan City Council. 2. The property is 6.3 acres as generally shown on Exhibit "A" attached. 3. That the Comprehensive Land Use Guide Plan for this property designates it as D- 2 (Mixed Residential, 0 -6 units per acre). 4. The existing zoning on this property is R -1, which is consistent with the Comprehensive Guide Plan. 5. In September of 1999 the City Council found that the then existing R -4 zoning district for the property was not consistent with the Comprehensive Guide Plan and following a public hearing, and a recommendation from the Advisory Planning Commission to the City Council, rezoned the property to R -1. 6. Area residents have advised to the City Council that they believe the character of the adjoining areas to be largely single- family and wish to maintain the existing character of the neighborhood. 7. That the surrounding character of the property is single- family residential Adjacent property, previously owned by the Applicant's predecessor and title, was rezoned and developed as single family residential and land immediately to the north was rezoned to single family residential 8. That the Applicant's request for a rezoning could at the upper level exceed the density/minimum square footage requirements of the Comprehensive Guide Plan. 9. That R -1 is a viable economic use of the property. SENT BY: 612 432 3780 6 -15- 0 14:24 SEVERSON SHELDON 651 681 4694:# 4/ 5 10. That the Advisory Planning Commission determined that it had extensively reviewed the zoning of the property in August of 1999 and that the property should remain R -1, consistent with the Advisory Planning Commission's prior recommendation. 11. That the Applicant's only justification for the rezoning was an increase in property value to the Applicant. 12. The Applicant did not indicate that there was an error, or a substantial change in circumstances, or a change in the Comprehensive Guide Plan which would justify a change in the existing zoning. family. CONCLUSIONS 1. This matter is properly brought before the Eagan City Council. 2. That the existing 6.3 acres of land has a viable economic use as zoned as single- 3. That the maximum density of the Applicant's proposal of R -3 would exceed six units per acre 4. That the character of the surrounding area to the northeast, to the northwest, and to the north, is largely singlc- family and that the R -1 single- family zoning is consistent with the character of the surrounding area. 5. That no error has been shown to be in the original zoning, no substantial change in circumstances or no inconsistency with the Comprehensive Guide Plan which would justify a change in the existing zoning to the property. 6. That the applicants requested change was for the purpose of increasing the applicant's property value. 3 ExikA b+3 A SENT BY: RESOLUTION The City Council of the City of Eagan does hereby determine and resolve that the Applicant's request for a Rezoning from R -1 to R -3 is hereby denied. Dated at Eagan, Minnesota this 20 day of June, 2000. CITY OF EAGAN 612 432 3760 6 -15- 0 14 :24 By: Patricia E. Awada By: Maria Karels Its: Mayor Its: Deputy Clerk 4 a S SEVERSON SHELDON-. 651 681 4694;# 5/ 5 Agenda Information Memo June 20, 2000 Eagan City Council Meeting H. ON -SALE LIOUOR LICENSE FOR SRI KRISHNA, INC. DBA MADRAS PALACE RESTAURANT ACTION TO BE CONSIDERED: To approve an on -sale liquor license for Sri Krishna, Inc., dba Madras Palace Restaurant. FACTS: Sri Krishna, Inc. has applied for an on -sale wine and beer liquor license with the City of Eagan. The applicant and owner of Sri Krishna, Inc. is Mylappan Nagappan. Mr. Nagappan plans to purchase Chutney Indian Bistro located at 1260 Town Centre Drive at the end of June. The name of the establishment will be Madras Palace Restaurant. Mr. Nagappan has submitted the required documents, which have been reviewed and deemed in order by City staff. The police have conducted an investigation and do not find any reason to deny the applicant the on -sale wine and beer license. ATTACHMENTS: Application enclosed without page number. a 7 Agenda Information Memo June 16, 2000 Eagan City Council Meeting I. APPROVE ELECTION JUDGE SALARIES FOR THE 2000 PRIMARY GENERAL ELECTIONS ACTION TO BE CONSIDERED: To approve election judge salaries for the 2000 Primary General Elections. FACTS: Barb Hand, Accounting Clerk/Deputy Clerk, has done a survey of other south suburban cities regarding election judge salaries. The results of that survey show that, on average, the City of Eagan is currently paying election judges $1.00 per hour less than most cities. Therefore, it is recommended that an increase of regular election judges' salaries be made from $6.25 per hour to $7.25 per hour; and supervising election judges from $7.5 per hour to $8.00 per hour. The proposed change would begin taking effect for the fall elections. 3D Agenda Information Memo June 20, 2000 Eagan City Council Meeting J. FINAL PLAT (MVTA EAGAN TRANSIT STATION) MINNESOTA VALLEY TRANSIT AUTHORITY ACTION TO BE CONSIDERED: To approve a Final Plat (MVTA Eagan Transit Station) that will convert 4.5 acres of existing I -35E right -of -way into a platted lot located south of Yankee Doodle Road and between Pilot Knob Road and I -35E in the northwest '/4 of Section 15. FACTS: At their regular meeting on September 7, 2000, the City Council approved a Final Planned Development to allow the establishment of a mixed use, retail and transit facility upon the subject property. As a condition of Final Planned Development approval, it was stipulated that the subjectproperty (presently I -35E right -of -way) must be platted. ATTACHMENT (1): Final Plat drawing, page 3/ 1 1 It 1 11` ito 1 MID Li 1 i1 ...•aar.ViEC I 1 3� J PLOTTED AT 1' 200' II ..,f 1 1 1 It 1 11` ito 1 MID Li 1 i1 ...•aar.ViEC I 1 3� J PLOTTED AT 1' 200' Agenda Information Memo June 20, 2000 ACTION TO BE CONSIDERED: To amend the Development Agreement for Gardenwood Ponds 4 Addition (Contract 99 -A, Street and Utilities) by extending the completion time for the bituminous wear course until September 1, 2000. FACTS: K. GARDENWOOD PONDS 4 ADDITION (CONTRACT 99 -A) Mike Suel, Land Development Project Manager for D. R. Horton, Inc., has requested an extension to the completion date for the placement of the bituminous wear course stipulated in the development contract for Project 99 -A Gardenwood Ponds 4 Addition. The Development Agreement with the City of Eagan established June 15, 2000, as the completion date for the bituminous wear course. The requested extension is to allow additional time for home construction activities and heavy equipment hauling occurring in conjunction with Gardenwood Ponds 4 Addition. The amendment to the development contract has been reviewed by representatives of the Public Works Department and found to be in order for favorable Council action. 33 Agenda Information Memo June 20, 2000 Eagan City Council Meeting L. COMPREHENSIVE GUIDE PLAN AMENDMENT STONEWOOD DEVELOPMENT CORPORATION ACTION TO BE CONSIDERED: To implement a Comprehensive Guide Plan Amendment changing the suggested use of 1.3 acres of land located north of Silver bell Road and east of Nicols Road (in the southwest 1 /4 of Section 18) from IND, Limited Industrial to D -1, Single Family (0 -3 units /acre). FACTS: At their regular meeting on May 16, 2000, the City Council approved the forwarding of a Comprehensive Guide Plan Amendment to the Metropolitan Council establishing a D -I, Single Family Land Use Guide Plan designation upon the subject property. The Council also approved a Preliminary subdivision (Spencer Springs) contingent upon Metropolitan Council approval of the amendment. The Metropolitan Council completed its review and approved the Guide Plan Amendment as documented in the attached letter dated May 26, 2000. At their regular meeting on April 25, 2000, the Advisory Planning Commission held a public hearing to consider the Comprehensive Guide Plan Amendment and recommended approval. ATTACHMENTS.(2): Minutes of the May 16, 2000 Council meeting, page 35 =3 Metropolitan Council letter of approval dated May 26, 2000, page, EAGAN CITY COUNCIL MEETING MINUTES; MAY 16, 2000 PAGE 8 however, the property owners must sign an agreement accepting the future street assessments associated with the secondary access. Gary Bisbee, 1261 Windcrest Avenue, stated that he wanted to move his shed from the side of the lot to the back of the property and also wanted a parking space for his motor home. Senior Planner Ridley stated that it would be possible for the shed to meet setback requirements. He noted that the new Recreational Vehicle Ordinance would allow for a trailer to be parked on the property as long as it was properly screened. Mr. Bisbee added that he is removing the berm on his property and will be constructing a fence after the berm has been leveled. He further added that he is going to construct a retaining wall adjacent to his neighbor and a fence along the back of the property. Councilmember Blomquist noted that this is not the first property that has been granted driveway access on to a minor collector. She noted that some residents have not even come to the City Council to get a permit for a similar request. She further noted that Mr. Bisbee has done some nice landscaping and installing a simple driveway is better than ruining the existing landscaping. Councilmember Carlson asked how often the driveway would be used. Mr. Bisbee said he would be using it about once per week. Councilmember Carlson stated that if this area is going to get that much use Mr. Bisbee is probably in need of this access. Mr. Bisbee said that he plans on repairing the sidewalk once the berm is removed. Councilmember Masin said that typically when a development is constructed the City asks for the installation of berms. She questioned if property owners needed permission to remove the berms. Director of Public Works Colbert stated that this berm was constructed as a buffer between single family and multi- family developments. He added that property owners do have the freedom to landscape their property as they see fit and minor changes can be made to the topography of the lot as long as it does not adversely impact drainage flows or utilities. City Administrator Hedges noted that there is no protective easement on berms. Councilmember Blomquist stated that the worst example of the removal of berms is along Lexington Avenue where all the residents installed fencing. Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve a request for a new driveway access on to a Minor Collector street and authorize City staff to execute all related right -of -way permits. Councilmember Bakken stated that he was opposed to the motion and added that he is not concerned about the temporary use but rather the long -term use. He said he was also concerned about the precedent this would set. Mayor Awada said she was opposed for the same reasons. A vote was taken on the motion. Aye: 3 Nay: 2 (Mayor Awada and Councilmember Bakken opposed) COMPREHENSIVE GUIDE PLAN AMENDMENT AND PRELIMINARY SUBDIVISION (SPENCER SPRINGS) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Tony Lund, applicant, said that this is a straightforward subdivision. Mayor Awada inquired about the corridor and noise contour in this area. Assistant City Administrator Jamie Verbrugge said that this subdivision is located in the 60 DNL and noise zone IV. He added that the subdivision is not an ideal use; however, he stated that it is allowable. He said that there are restrictions on home construction in this area. Senior Planner Ridley stated that the draft Guide Plan denotes this as a special area. Mayor Awada said that if this area is reguided to single family now then it .3s EAGAN CITY COUNCIL MEETING MINUTES; MAY 16, 2000 PAGE9 would also be reguided to special area at a future date when the City Council adopts the Comprehensive Plan update. Councilmember Carlson said that these homes would be constructed according to sound regulations. She stated that this might not be the best use for the property in the long term. Mr. Lund said that the single family homes will be built according to the standards set forth by MASAC and the City. Mayor Awada said that the City has been working on redeveloping the Cedarvale area and this area requested to be removed from the study. She said that the City Council took them out of the redevelopment area but not out of the special area. She further said that since this area will be located within a noise impact zone buyout or insulation will eventually occur. She said that the Council did indicate that this area would remain single family for the short term. Mr. Lund stated that currently there are two homes on one lot. Councilmember Carlson stated that the two new homes would be brought up to certain standards, which would be a positive. She added that for the short term this area will remain residential but in the long term it will likely be something else. Councilmember Blomquist moved, Councilmember Carlson seconded a motion to approve a Comprehensive Guide Plan Amendment changing the suggested use of 1.3 acres of land located north of Silver Bell Road and east of Nicols Road (in the southwest 1 /4 of Section 18) from IND, Limited Industrial to D -1, Single Family (0 -3 units/ acre). Councilmember Carlson said it was her understanding that this property is not Limited Industrial. Mayor Awada stated that it is currently guided Industrial but is proposed to be Special Area. Councilmember Carlson questioned if it could be changed from Limited Industrial to Special Area. Mayor Awada asked if the two existing homes were uninhabitable. Mr. Lund stated that one of the homes was uninhabitable. Mayor Awada asked if the Council could restrict future subdivision from occurring in an area that is subject to airplane noise. City Attorney Sheldon stated that it would be possible but it would be necessary to start with a comprehensive and detailed Comprehensive Guide Plan Amendment involving fine tuning of the special area. Mayor Awada stated that this could be included in the Plan. Sheldon noted that the Council could include standards that need to be adhered to in order to subdivide in these areas. Senior Planner Ridley noted that there are six or seven areas in Eagan that are classified as Special Area and further definition will occur once the Guide Plan update is complete. He added that the zoning and Comprehensive Guide Plan need to be consistent. A vote was taken on the motion. Aye: 5 Nay: 0 Councilmember Blomquist moved, Councilmember Carlson seconded a motion to approve a Preliminary Subdivision entitled "Spencer Springs" located in the southeast 1 /4 of Section 18 subject to the following conditions: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, El 2. The property shall be platted. 3. The developer shall be responsible for the abandonment of any well or septic systems within the subdivision, in accordance with City and County requirements. 34 EAGAN CITY COUNCIL MEETING MINUTES; MAY 16, 2000 PAGE 10 Aye: 5 Nay: 0 4. An Individual Lot Tree Preservation Plan shall be required for Lot 1 and for Lot 2. 5. Tree protection measures (i.e. orange colored silt fence or four foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved. 6. The applicant shall contact the City of Eagan Forestry Division to set up a pre construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of tree protection fencing. 7. The proposal shall be subject to a cash parks dedication and a cash trails dedication. 8. City Officials make acceptable findings regarding the eight airport noise stipulations. 9. Architectural designs and construction methods for new construction within the development incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 DBA as compared with a noise level of 60 DNL. This will require an inside noise level reduction of at Ieast 15 DBA (DNL level minus required DBA level). 10. In lieu of on -site ponding, the development shall meet the City's water quality requirements via a cash dedication. 11. The developer shall record information against the deed notifying future buyers that the property is located within an airport noise corridor. PRELIMINARY SUBDIVISION (SAFARI AT EAGAN 3RD ADDITION) AND A PLANNED DEVELOPMENT AMENDMENT City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Gary Krueger, 4532 South Mallard Trail, stated that he lives behind Lifetime Fitness and the property owners agree with most of the proposal. He said that they would like to ensure that a berm and fence are constructed on the northwest corner of the property where the parking lot will be located. He further said that they would like to have the berm on the north side of the fence landscaped with evergreens and pines and also would like Lifetime Fitness to maintain the fence. He requested that the Council ensure that that the property is developed the way it is supposed to be and also ensure that the elevation of the land stay as proposed. Senior Planner Ridley stated that staff will make sure that the completion of the fence and berm is a requirement of Phase I of the development. He added that Lifetime Fitness will maintain the fence. Councilmember Carlson stated that they do have the right to develop this property. Mayor Awada noted that this development will be less dense allowed under the current Planned Development. Councilmember Bakken moved, Councilmember Masin seconded a motion to approve a Preliminary Planned Development Amendment to allow three commercial uses upon approximately 7.0 acres of land located north of Cliff Road and west of Thomas Lake Center Drive in the southwest 1 /4 of Section 28 subject to the following conditions: 1. The City shall approve the Safari at Eagan 3rd Addition preliminary subdivision and the developer shall satisfy all the conditions attached hereto. 3 Metropolitan Council Working for the Region, Planning for the Future May 26, 2000 Bob Kirmis City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 -1897 Re: Comprehensive Guide Plan Amendment Stonewood Development Corporation Metropolitan Council Referral File No. 18274 -1 Metropolitan Council District 15 Dear Mr. Kirmis: Metropolitan Council staff has completed its review of the information submitted by the city regarding a land use change in the Comprehensive Guide Plan for the designation of approximately 1.3 acres of land from Limited Industrial to Single Family Residential. Our staff review finds that the information submitted is in conformity with metropolitan system plans, consistent with the Regional Blueprint, and does not impact the plans of other units of local government. Therefore, the Council will waive further review and the city may place this revision info effect. The revision and explanatory materials supplied will be appended to the city's plan in the Council's files. If you have any questions regarding this review, please contact Kristina Smitten, Principle Reviewer, at 651/602 -1535. Sincerely, 2 ;2 Richard Thompson Supervisor, Comprehensive Planning cc: Carolyn Rodriguez, Metropolitan Council District 15 Eli Cooper, Director, Planning and Growth Management Sandra Pinel, Interim Sector Representative Kristina Smitten, Principle Reviewer 32' 230 East Fifth Street St. Paul. Minnesota 55101-1634 (6121291-6359 Fax 291 -6550 TDD /TTY 291 -0904 Metro Into Line 229 -3780 An Equal Opportunity Employer Agenda Information Memo June 20, 2000, Eagan City Council Meeting ACTION TO BE CONSIDERED: M. SAFE SOBER GRANT To approve a Grant Agreement (continuing) between Minnesota Department of Public Safety and the City of Eagan for Safe Sober for period of October 1, 2000 through September 30, 2001. FACTS: Grant funds will be used for overtime funding for enhanced patrol work to combat speed, DUI, aggressive driving, underage alcohol use driving and to promote seat belt use and to work with groups such as SADD and MADD ATTACHMENTS Resolution attached on page yo 3'7 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT Be it resolved that the Eagan Police Department enter into a grant agreement with (Name of Partner Agency) the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled SAFE SOBER COMMUNITIES during the period from October 1, 2000 through September 30, 2001. The Mayor of Eagan, MN is hereby authorized to execute such agreements and (Title of Partner Agency Authorized Official) amendments as are necessary to implement the project on behalf of the Eagan Police (Name of Partner Agency) Department. Be it further resolved that the City Clerk of Eagan, MN is hereby authorized to be the (Title of Lead Agency Authorized Official) fiscal agent and administer this grant on behalf of The Eagan Police Department (Name of Partner Agency) I certify that the above resolution was adopted by the Eagan City Council of the (Executive Body) Eagan Police Department on June 20, 2000. (Name of Jurisdiction) (Date Passed) SIGNED: (Signature) Mayor (Title) (Date) (Date) go WITNESSETH: (Signature) City Clerk (Title) G /Admin /Grant Resolution for Safe Sober Agenda Information Memo June 20, 2000 Eagan City Council Meeting FACTS: PUBLIC HEARINGS A. RIGHT -OF -WAY MANAGMENT ORDINANCE/PROGRAM ACTION TO BE CONSIDERED: To approve the Right -Of -Way Management Program and Related City Ordinance. Following deregulation of the telecommunication's industry in 1996, Congress specifically recognized the need for and authority of local governments to manage public rights -of -way in the public interest. During 1996 -7, the League of Minnesota Cities (LMC) and City Engineer's Association of MN (CEAM) worked together with representatives of underground facility owners /operators to develop a "Model Ordinance During 1997 -2000, Twin City Metropolitan Communities including St. Paul, Minneapolis, Bloomington, Fridley, and Roseville developed and adopted new Right Of -Way Management Programs and Ordinances using the LMC /CEAM Model. During 1998 -2000, representatives from all Eagan departments and operating divisions reviewed and provided input into developing this ROW Management Program and City Ordinance. A draft ROW Management Program and Ordinance was presented to the City Council on January 13, 2000. Staff was directed to solicit comments and input from underground facility owners /operators and to continue to develop a program/ordinance for consideration of adoption at a later date. An informational/collaborative meeting with Right -Of -Way facility owners and operators was held on February 10, 2000. The meeting was a very productive opportunity for all parties to offer suggestions, comments, and have questions answered. All follow -up comments were submitted in writing during February and March for processing. Staff worked with the city attorney's office coordinating changes and developing a new revised ordinance for Council's consideration. Additionally, a summary of the comments and requested information were again provided to all operators /facility owners during April and May and comments were again solicited. A final draft of the proposed ROW Management Program and City Ordinance with Executive Summaries were compiled and distributed to the Council on June 9 for review before formal consideration of adoption on June 20. ISSUES: With the recent deregulation of the utility industry and the continued explosive growth of communications technology, all communities are quickly becoming inundated with new and competing utilities wanting to use the existing limited public rights -of -ways to install their facilities and equipment. It has quickly become a `f/ significant and costly task for local governments to properly and effectively manage these rights of way to the level of stewardship expected by the general public. The City's current ordinances did not anticipate the level of use that is being encountered and the required level of right -of -way management needed to adequately protect the general public and other users. It is therefore now necessary to adopt this new ordinance. ATTACHMENTS: Right -Of -Way Management Ordinance, pages i 3through Right -Of -Way Management Program, pages through 93 ORDINANCE NO. 2ND SERIES DRAFT AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SEVEN ENTITLED "STREETS AND SIDEWALKS GENERALLY" BY AMENDING SECTIONS 7.05 7.06 REGARDING REGULATION OF PUBLIC RIGHT -OF- WAYS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 7.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Seven is hereby amended by adding a new Subd. 1 of Section 7.05 and renumbering the remaining subdivisions accordingly, to read as follows: Sec. 7.05. Obstructions in streets. Subd. 1. Application and scope. This Section shall not apply to obstructions within public rights -of -way by a person or entity owning or controlling a utility service facility therein, which is regulated elsewhere in this Chapter. Sec. 7.06. Public right -of -way regulations. Section 2. Eagan City Code Chapter Seven is hereby amended by deleting Section 7.06 in its entirety and replacing Section 7.06 to read as follows: Subd. 1. Application and scope. This Section shall apply exclusively to excavations and obstructions within public rights -of -way by any person who owns or controls, or intends to own or control, any utility service facility therein. All other excavations or obstructions are regulated elsewhere in this Code. Subd. 2. Definitions. The following words, terms and phrases, as used herein, shall have the following meanings: Abandoned facility means: (1) a facility no longer in service or physically disconnected from any other facility that is in use or still carries service; Applicant means any public right -of -way user required to obtain a permit under this Section. City means City of Eagan, Minnesota. City management costs means the actual costs incurred by the City for public rights -of- way management, including, but not limited to, costs incurred in connection with the registration 93 restoration and enforcement and correction of non complying project work, mapping of public right -of -way users and maintenance and regulation of public right -of -ways occupied by public right -of -way users. Director means the City of Eagan Director of Public Works and his/her designee. Emergency means a condition that (1) immediately endangers the life or safety of persons; (2) cause an immediate threat of significant loss or injury to property; or (3) requires immediate repair or replacement in order to restore service to customers. Equipment means any thing tangible used to install, repair or maintain facilities in any public right -of -way. Excavate or excavation means to dig into or in any way remove or physically disturb or penetrate any public right -of -way ground surface, or any portion thereof. Excavation permit means a permit which is issued by the City authorizing the permittee to excavate in a public right -of -way as specifically described in the permit. Facility or facilities means anything tangible, including equipment, which is required to provide utility services. Hole means an excavation having a length that is equal to or less than the width of the public right -of -way for the section of the roadway where the work is occurring. Local representative means a person or designee of such person authorized by a public right -of -way user to accept service and to act and make decisions regarding matters within the scope of this Section on behalf of the public right -of -way user. Obstruct or obstruction means to place or the placement of any object in a public right of -way, or to remove or the removal of an existing structure, or any portion thereof, from a public right -of -way, for an aggregate period of eight (8) hours or more. 2 `t Obstruction permit means a permit which is issued by the City authorizing the permittee to obstruct a public right -of -way as specifically described in the permit. Patch or patching means a method of roadway surface replacement or restoration that consists of: (1) the compaction of the sub -base and aggregate base; and (2) the replacement, in kind, of the existing roadway surface for a minimum of two (2) feet beyond the edges of the excavation in all directions. Permittee means a person to whom a excavation or obstruction permit has been issued by the City under this Section. Person means an individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or political. Project or project work means any activity, including construction, reconstruction, installation, maintenance, relocation, or replacement of any facility or a public right -of -way in which the facility is located and restoration of the public right -of -way that is regulated under this Section. Public right -of -way or public rights -of -way means the surface, air space above the surface and the area below the surface of any public street, highway, lane, path, alley, sidewalk, trail, avenue, boulevard, drive, court, concourse, bridge, tunnel, park, parkway, skyway, waterway, dock, bulkhead, wharf, pier, easement or similar property or waters within the City owned by or under control of the City, or dedicated or otherwise conveyed to the City for general public use, including, but not limited to, any riparian right, which, consistent with the purposes for which it was created, obtained or dedicated, may be used for the purpose of installing, operating and maintaining 2 7 7- T No reference herein to a "public right-of- way" shall be deemed to be a representation or guarantee by the City that its interest or other right to control or use such property is sufficient to permit its use for the purpose of installing, operating and maintaining Public right -of -way user means any person or entity which owns or controls a facility that is located, or is sought or intended to be located, in a public right -of -way including persons who have installation and maintenance responsibilities by contract, lease, sublease or assignment. Restore or restoration means the process, including patching, by which a public right -of- way and surrounding area, including pavement and foundation, is returned to the same condition and life expectancy that existed before any project work. Restoration cost means the amount of money paid to the City by a permittee to meet restoration requirements in accordance with plates 1 to 13 of the PUC rules. Trench means an excavation in the roadway surface having a length that is equal to or in excess of the width of the roadway or sections of roadway where the work is occurring, Utility service means services provided by: (1) a public utility as defined in Minnesota Statutes; (2) a telecommunications, pipeline, community antenna television, fire and alarm communications, water, sewer, electricity, light, heat, cooling energy, or power services; (3) a corporation organized for the purposes set forth in Minnesota Statutes; (4) a district heating or cooling system; or (5) a cable communication systems as defined in Minnesota Statutes. Subd. 4. Registration requirement. A.. Registration. As of the effective date of this Section, any public right -of -way user, which owns or controls a facility within any public right -of -way, or any portion thereof, shall register annually with the City. Registration shall be deemed completed upon the public right -of -way user submitting to the City a completed registration form furnished by the City and paying the registration fee. B. B. Transfer of ownership or interest. Whenever any public right -of -way user transfers, sells, assigns or otherwise conveys ownership or interest in facilities or equipment to another person, the registered public right -of -way user shall notify the City of the date of the conveyance and the name of the transferee ee with KZ of the conveyance. Subd. 5. Permit requirement. A. Permit required. Except as otherwise provided in this Code, no person or public right -of -way user may obstruct or excavate any public right -of -way without first having obtained the appropriate permit from the City. An excavation permit is required for any excavation. An obstruction permit is required for any obstruction in connection with the installation, relocation, operation or maintenance of a utility service. Any public right -of -way user, which owns or controls a facility within any public right -of -way, or any portion thereof, on the effective date of this Section, that subsequently excavates or otherwise obstructs any public right -of -way, or any portion thereof, shall first obtain a permit therefor as required under this Section. B. Permit applications. 1. An application for a permit shall be on a form furnished by the City and completed and submitted to the City with the following information: a. The applicant's name; Gopher One -Call registration certificate 946 number; address; e-mail address; telephone number; and facsimile number. b. The local representative's name; address; e-mail address; telephone number; facsimile number; and current information regarding how to contact the local representative in an emergency. c. The name, address and telephone number of the person(s) or entities, other than the applicant, to perform the project work or any portion thereof. d. A certificate of insurance or self insurance verifying the coverage as required in this Section. e. All mapping data and information in form and substance as required in this Section, except a registrant who is not applying for an excavation or obstruction permit need not provide this information. f. A detailed description and scaled drawing of the proposed project and project work, including identification of the obstructions to be placed, the size and depth of any excavation, the schedule for commencement and completion of the proposed project, the location, size and species of any trees within, and extending 15 feet beyond, the designated work area. C. Issuance of permit. The City 1. The applicant failed to fully comply with the application requirements herein. 2. The City has initiated revocation of a prior permit issued under this Section against the applicant. 3. The applicant has violated within the past two (2) years any requirements of this Section. 4. The time schedule for the project will conflict or interfere with an exhibition, celebration, festival or any other similar event in the area of the project. 5. The time schedule for the project conflicts with scheduled public improvement of the public right -of -way. 6. The proposed project violates a provision of this Code. 7. The proposed project is adverse to the public health, safety and welfare, by interfering with the safety and convenience of ordinary travel over the public right -of -way, or endangers the public right -of -way and its users based on one or more of the following factors: (a) The extent of public right -of -way area available; (b) The competing demands for the particular proposed area space in the public right -of -way; (c) The availability of other locations in the public right -of -way or in other public rights -of -way for the facility(s) or equipment of the permit applicant; (d) The applicability of an ordinance or other regulation that affect the location of a facility or equipment in the public right -of -way; (e) The applicant's prior compliance with the terms and conditions of its franchise, this Section and other applicable ordinances and regulations; (f) (g) The disruption to surrounding neighborhoods and businesses that will result from the project in the proposed area of the public right of -way; The condition and age of the public right -of -way and the City's scheduled reconstruction thereof; and (h) The costs of disruption to the public and damage to the public right -of -way balanced against any benefits to the public served by an expansion into additional parts of the public right -of -way for facilities or equipment. Subd. 6. Conditions of permit and registration. All permits issued and all registrations made under this Section shall be subject to the following requirements: A. No person may excavate or obstruct the public right -of -way after the date specified in the permit, .unless the person obtains a new permit or obtains an extension before the expiration of the original permit. B. All permits issued under this Section shall be otherwise available at all times at the indicated project work site and shall be available for inspection immediately upon request by the Director or his/her designee. C. If the obstruction or excavation of the public right -of -way begins later or ends sooner than the dates specified in the permit, the permittee shall promptly notify the Director. 1746g D. Installation, placement, location, and relocation of equipment and facilities shall comply with all federal, state and local laws. E. Public right -of -way restoration shall be in accordance with the restoration regulations set forth in this Section. F. Installation of all underground utilities shall be in accordance with the underground utilities regulations set forth in this Section and all other applicable federal, state and local laws. G. Precautions shall be taken as are necessary to avoid creating unsafe or unsanitary conditions and a permittee shall not obstruct a public right -of -way, so as to hinder the natural free and clear passage of water through the gutters or other waterways. M. The permittee shall comply with all conditions of the permit. �9 H. Project operations and work shall be conducted in a manner so as to insure the least obstruction to and interference with present and continued use of the public right -of -way. I. Precautions shall be taken to assure the safety of the general public, employees, invitees and those who require access to abutting property, including appropriate signage. J. The permittee shall notify abutting property owners with a 48 -hour written notice prior to commencement of any project work that may disrupt the use of and access to the abutting property. K. The permittee involved in underground projects shall register with Gopher State One Call and comply with the requirements thereof. L. The permittee shall comply with the Uniform Traffic Manual for Traffic Control at all times during any project work and shall protect and identify excavations and work operations with barricade flags in the daylight hours and by warning lights at dusk and night. N. When any trail or drive has been cut, the appropriate signage must be kept in place and maintained until restoration is complete. O. The permittee shall provide proper trench protection as required by 0.S.H.A. to prevent any cave -in; injury to property or persons; or enlargement of the P. Excavations, trenches and jacking pits off the roadway surface area or adjacent to the roadway or curbing shall be sheathed and braced. When unattended, all excavations, trenches and jacking pits shall be protected to prevent surface drainage. Q. excavation. The permittee shall protect the root growth of significant trees and shrubbery located within the public right -of -way and adjacent thereto. R. The permittee shall coordinate project work and installation of facilities in co- locations other public right -of -way users. S. The permittee shall maintain access to all properties and cross streets during project work, including emergency vehicle access. T. The permittee shall physically locate property lines abutting the project work. The permittee shall replace, with the services of a Minnesota- licensed surveyor, any property corners or monuments disturbed as a result of the project. U. The permittee shall complete restoration of the public right -of -way in conformance with this Section. V. No permittee, or any agent, subcontractor or employee thereof, shall use lugs (steel tracks) on any roadway surfaces. W. The permittee shall remove daily all dirt or debris from the public right -of -way during project work. X. The permittee shall obtain all other necessary permits, licenses and approvals, pay all required fees therefor and comply with all requirements of local, state and federal laws. Y. The permittee shall not do any work outside the project area as specified in the permit. Subd. 7. County or state right-of-ways. Any public right -of -way user who is required to obtain any county or state permit for excavation or obstruction in any Dakota County or Minnesota Department of Transportation right -of -way must provide a copy of the permit application and permit to the City within Subd. 8. Installation of underground facilities within public right -of -ways. The permittee shall comply with the following requirements when installing underground facilities: A. Underground facilities shall be installed outside the paved or surface area. If unable to install outside the surfaced area, the installation shall be as close to the edge of the roadway surface as possible to allow access thereto without disturbing paved areas of the roadway; B. Public right -of -way alignment and grade shall be maintained; C. Fiber facilities shall be buried in a proper conduit and at a depth of no less than three (3) feet deep and no more than four (4) feet; copper facilities below concrete or bituminous paved roadway surfaces shall be buried no less than three (3) feet deep and no more than four (4) feet deep, and all other copper facilities shall be buried no less than thirty (30) inches deep and no more than four (4) feet deep; D. All underground facilities which cross streets or hard surfaced driveways shall be bored and installed in conduit. E. When required, the permittee shall excavate an observation hole over a City utility to ensure that a City utility is not damaged; F. If the project work involves an open cut, the permittee shall install visual tracers twelve (12) inch -over buried facilities. If other construction methods are used, substitute location methods may be used upon approval by the City; G. During plowing or trenching of facilities, a warning tape shall be placed at a depth of twelve (12) inches above copper cables with over two hundred (200) pairs and fiber facilities and a locating wire or conductive shield shall be installed above buried telecommunication facilities, except for di- electric cables. H. Compaction in any trench or hole outside of any hard surface shall be ninety -five percent (95 of Standard Proctor. Compaction under any hard surface (sidewalks, trails and streets) shall be 100% of Standard Proctor to a depth of 36" below base. Backfill must be placed in 12" layers and material shall be subject to the approval of the City. Material from the excavation may be acceptable provided such material is primarily granular in nature. Compacted backfill shall be brought to bottom of the gravel of the approved street section. Compaction shall be accomplished with hand, pneumatic or vibrating compactors, as appropriate. Restoration of boulevards shall include a minimum of four inches of topsoil; I. All facilities shall be located so as to not interfere with existing and potential future traffic signals and signs; J. Unless approved by the City, all above ground appurtenances shall be located no closer than ten (10) feet to City hydrants, waterline valves, manholes, lift stations, catch basins; not in front of or within visual sight lines of any City sign, K. Underground facilities shall not be installed between a hydrant and an auxiliary valve; L. Where utility easements exist beyond the roadway surface area of the public right of -way and space is available therein, underground facilities shall not be installed within five (5) feet of hydrants, waterline valves, lift stations, manholes or catch basins. In those areas in which no utility easement exists, placement of an underground facility shall be between the edge of pavement and no closer than three (3) feet to an existing City utility appurtenance, unless approved by the City. M. monument or amenity for facilities or parks; and no closer than two (2) feet from sidewalks and trails; N. The location and installation of telecommunications facilities shall comply with the National Electric Safety Code, as incorporated by reference in Minnesota Statutes. Subd. 9. Supplement permit or permit extension. A. Limitation on area. No permittee shall obstruct or excavate an area greater than that specified in the permit without first obtaining a new permit or permit extension therefor by the City. B. Limitation on dates. No permittee shall begin its work before the permit start date or, except as provided herein, continue working after the completion date. If a permittee does not complete the work by the permit completion date, the permittee shall obtain a new permit or permit extension before continuing with the project work after the permit completion date. C. City projects. Any permittee who joins in a scheduled public improvement by the City is not required to pay the excavation fee and the obstruction portions of the permit fee. Subd. 10. Revocation of permits.. A. Grounds for revocation. The City may revoke a permit issued hereunder on the following grounds: 1. "t provision or condition of the permit or City Code was substantially breached. 10 �r� 2. misrepresentation in the application for a permit. 3. The permittee failed to maintain the required bonds or other security and insurance. 4. The permittee failed to complete the project work within the time specified in the permit 11 S3 5. The permittee failed in a timely manner to correct work that does not conform to applicable standards, conditions, federal, state or local laws. 6. An evasion or attempt to evade any provision of the public right of -way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City. B. Notice of revocation. If the Director determines that grounds for revocation exists, the Director shall provide written notice to the permittee. If the permittee's violation is related to non complying project work, the Director shall notify the permittee of the actions necessary to remedy such violation within a reasonable period of time or be subject to potential revocation of the permit. The Director may impose additional or revised conditions on the permit to mitigate or remedy the violation. C. Right to hearing by City Council. In the event that the permittee fails to remedy the violation for which the Director gave the permittee notice, a revocation of permit hearing shall be held before the City Council at the immediately next City Council meeting. The purpose for the hearing shall be to determine whether any of the grounds for revocation as set forth herein exist against the permittee. No v suspension or revocation shall take effect, ��s until the permittee has been afforded a hearing as provided in this subparagraph. Such hearing shall be set by the City Council upon written notice to the permittee served by U.S. Mail not less than fifteen (15) days prior to the hearing date, specifically stating the date, time and purpose thereof. D. Revocation costs. If a permit is revoked, the permittee shall reimburse the City for its reasonable costs (including restoration costs) incurred in connection with the revocation. Subd. 11. Permit fees. All permit fees shall be submitted to the City with the application. Permit fees shall include, but not be limited to a permit fee, estimated restoration costs and City management costs. The application fees shall be established by City Council resolution. No application fee shall be refundable. No application fees shall be required for any obstruction or excavation permit issued to the City. The permittee shall be required to pay the delay penalty fee for failure to complete the project work under the permit within the required time period. Applicants may jointly apply for permits to excavate or obstruct the right -of -way at the same place and time. Applicants who apply for permits for the same obstruction or excavation may share in the payment of the obstruction or excavation permit application fees. Applicants must agree among themselves as to the portion each will pay and indicate the same on their applications. Subd. 12. Public right -of -way restoration. A. Timing. All project work under a permit shall be completed within the dates specified in the permit, unless the project work could not be completed due to circumstances beyond permittee's control, including seasonal weather prohibitions or inclement weather. B. Restoration costs. The permittee shall restore the public right -of -way and assume all costs therefor unless the City ordorc failure, the permittee shall pay to the City all costs thereof within thirty (30) days of billing. If following such restoration, the roadway surface, boulevard, sidewalk, curb or related infrastructure settles due to permittee's improper backfilling; the permittee shall ZZ q pay to the aYa, a g r� ��a E§ City all costs associated with correcting the defective work within thirty (30) days of billing. If the permittee restores the public right -of -way, the City may require, at the time of application for the permit, a performance bond in an amount, as determined by the City, to cover the cost of repair and restoration. If twenty -four (24) months after completion of restoration of the right -of -way, the Director determines the right -of -way has been properly restored, the posted security will be released. C. Standards. All restoration shall be in accordance with the standards and materials specified by the City. The City shall establish written procedures and standards for public right -of -way restoration, which shall comply with PUC standards. The City shall have the authority to prescribe additional restoration procedures and standards on a case by case basis based on the following considerations: 1. The number, size, depth and duration of the excavation, disruption or damage to the public right -of -way; 2. The traffic volume carried by the public right -of -way; 3. The character of the neighborhood surrounding the public right -of -way; 4. The pre project condition of the public right -of -way; 5. The remaining life expectancy of the public right -of -way due to the project; 6. The costs of the restoration method in relation to the prevention of an accelerated depreciation of the public right -of -way that could result due to the project work in the public right -of -way; and 7. The likelihood that the particular restoration method would be effective in slowing the depreciation of the public right -of -way that would otherwise occur. D. Duty to correct defects. The permittee shall guarantee the restoration of the public right-of-way for twenty -four (24) months following its completion During the 24 -month period, the permittee shall, upon written notification from the City, correct all non complying restoration work, using the method required by the City. The correction work shall be completed within five (4} r calendar days of the receipt of the notice from the City, not including days during which work cannot be done due to circumstances constituting force majeure or of unseasonable or inclement weather. E. As Built" drawings. The permittee shall submit to the City "As Built" drawings in a digital electronic format usable by the City following the completion of project work and restoration. Subd. 13. Inspection. A. Site inspection. The permittee shall make the project work site available to the Director, and all others authorized by law, for inspection at all reasonable times during the execution and upon completion of the project work. B. Inspection findings and requirements. 1. The Director may order the immediate cessation of any project work which poses a serious immediate threat to the life, health, safety or welfare of the public. 2. The Director may order the permittee to correct any project work to comply with the terms of the permit or other applicable standards, conditions or laws. The order shall state the violation, the terms of correcting the violation and that failure to correct the violation within the stated time limits shall be cause for revocation of the permit. If the violation is not corrected within the stated time limits, the Director may initiate revocation of the permit. C. Notice of Completion. The permittee shall sign a certificate of project completion stating the completion date, identification of the installer and designer of record and certifying that the project work was completed in accordance with the 13 SS requirements herein. The permittee shall submit "as built" drawings within sixty (60) days of filing of the certificate of project completion, showing any deviations from the permit approved plan that are greater than plus or minus two feet. Subd. 14. Permissible work without a permit. A. Emergency exception. All persons with facilities in the public right -of -way shall immediately notify the City of any event regarding its facilities that may be considered as an emergency. The owner of the facilities may proceed to take whatever actions are necessary to respond to the emergency, but shall apply for the necessary permits, pay the fees associated therewith and fulfill all requirements as set forth in this Section within two business days after the occurrence of the emergency. If the City becomes aware of an emergency regarding facilities, the City will attempt to contact the local representative of each facility affected, or potentially affected, by the emergency. The City may take whatever action it deems necessary to respond to the emergency, the cost of which shall be assumed and paid by the owner of the facility which occasioned the emergency. Subd. 15. Mapping data. A. Information Required. All permittees shall provide mapping information in accordance with Minnesota Rules and as follows: 1. The location and depth (based on references to finished grade elevations using City Datum) and above ground appurtenances of the public right -of- way user's mains, cables, conduits, switches and related equipment and facilities, identified by: (a) Offsets from property lines, distances from the centerline of the public right -of -way and curb lines as determined by the City; or (b) Coordinates derived from the coordinate system being used by the City. 2. The type, quantity and size of the utility; 3. A detail scaled drawing of above ground appurtenances; 4. A legend explaining symbols, characters, abbreviations, scale and other data shown on the map; and 5. The location and approximate depth of any facilities to be abandoned in conformance with Minnesota Statutes. S6 B. Submittal requirements. 1. Within sixty (60) days after completion of the project work or the abandonment or disuse of existing equipment or facilities, the public right of -way user shall submit the mapping data required herein. 2. Within six (6) months after the effective date of this Section, all public right -of -way users which own or control facilities within public right -of- ways within the City on the effective date of this Section shall submit detailed mapping data in accordance with this Subdivision for all facilities and equipment located within the public right -of -way. Following initial mapping, all right -of -way users shall submit details mapping data by April 1 of every year for all facilities located within public rights -of -way in the City. 3. At the request of any public right -of -way user, information required by the City which qualifies as "trade secret" data under the Minnesota Data Practices Act shall be protected accordingly. C. Fees. Mapping data provided to the City which is GIS compatible and in a format used by the City, the mapping portion of the excavation fee is waived. Subd. 16. General public right -of -way regulations. A. Undergrounding facilities. accordance with all applicable federal, etato or local lay/G. B. Corridors. The City may assign specific corridors within the public right -of -way, or portion thereof, as may be necessary for each type of facility. All permits issued by the City involving the installation or replacement of facilities shall designate the proper corridor for the facility at issue. C. Limitation of Space. To protect the health, safety, and welfare of the City or when necessary to protect the public right -of -way and its current use, the City may prohibit public right -of -way users from a particular right -of -way after consideration of the public interest, the public's needs for the particular utility service, the condition of the public right -of -way, the time of year with respect to essential utilities, the protection of existing facilities in the public right -of -way, and future City plans for public improvements and development projects which have been determined to be in the public interest. D. Relocation of Facilities. A public right -of -way user shall promptly, and at its own expense, permanently remove and relocate any facility in the public right -of -way when it is necessary to prevent interferences 7 in connection with:_(1) a present or future City use of the public right -of- way for a public project; (2) the public health or safety; or (3) the safety and convenience of travel over the public right -of -way. The public right -of -way user shall restore any public rights -of -way in accordance with this Section. E. Damage to other facilities. Public right -of -way users shall be subject to all restoration requirements provided in this Section. Every public right -of -way user shall be responsible for the cost of repairing any facility it damages. This provision is intended to include costs for damages to boulevard amenities placed by adjacent property owners, (e.g. sprinkler systems, etc.). Each facility owner shall be responsible for the cost of repairing any damage to the facilities of another caused during the City's response to an emergency occasioned by that owner's facilities. Subd. 17. Public right -of -way vacation. A. Reservation of right. If the City vacates a public right -of -way which contains the equipment or facilities of a public right -of -way user and the vacation does not require the relocation of the equipment or facilities, the City shall reserve, to and for itself and the public right -of -way user, the right to install, maintain and operate any equipment and facilities in the vacated public right -of -way and to enter upon such public right -of -way at any time for the purpose of reconstruction, inspecting, maintaining or repairing the same. B. Relocation of facilities. If the vacation requires the relocation of the public right of -way user's equipment or facility; and the vacation proceedings are initiated by the public right -of -way user or the City, W a f the public right-of- way user shall pay the relocation costs. If the vacation proceedings are initiated by a person or persons other than the public right -of -way user, the initiating person or persons shall pay the relocation costs. Subd. 18. Indemnification and liability. A. Limitation of Liability. Upon the issuance of a public right -of -way permit, the City does not assume any liability (i) for injuries to persons, damage to property or loss of service claims by parties other than the registrant or the City, or (ii) for claims or penalties of any sort resulting from the installation, presence, maintenance or operation of equipment or facilities by registrants or permittees or activities of registrants or permittees. B. Indemnification. A registrant or permittee shall indemnify, keep and hold the City, its officials, employees and agents, free and harmless from any and all costs, liabilities, and claims for damages of any kind arising out of the construction, presence, installation, maintenance, repair or operation of its equipment and facilities, or out of any activity undertaken in or near a public right -of -way, whether or not any act or omission complaint of is authorized, allowed or prohibited by a public right -of -way permit. The foregoing does not indemnify the City for its own negligence except for claims arising out of or alleging the City's negligence in issuing the permit or in failing to properly or adequately inspect or enforce compliance with a term, condition or purpose of a permit. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the registrant, permittee or the City, and the registrant or permittee, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert on its own behalf. If the registrant or permittee is required to indemnify and defend, it shall thereafter have control of the litigation, but the registrant or permittee may not settle the litigation without the consent of the City. Such consent will not be unreasonably withheld. Subd. 19. Abandoned facilities. A. Notification. A public right -of -way user shall notify the City when facilities are, or intended to be, abandoned or discontinued. The public right -of -way user shall submit to the Director a plan for the removal of the abandoned equipment or facility. The Director may require the public right -of -way user to post a bond in an amount sufficient to reimburse the City for reasonably anticipated costs to be incurred in removing the equipment and facilities if the public right -of -way user fails to do so. B. Removal of abandoned facilities. Subd. 20. Appeal A public right -of -way user that: (1) has been denied registration; (2) has been denied a permit; (3) has had permit revoked; or (4) believes that the fees imposed are invalid, may have the denial, revocation, or fee imposition reviewed by the City Council upon written request. The City Council shall act on a written request at its next regularly scheduled meeting. The decision by the City Council shall be in writing and supported by written findings establishing the reasonableness of the decision. Subd. 21. Insurance. All certificate(s) of insurance or self insurance required under this Section shall provide the following: (1) that an insurance policy has been issued to the applicant by an insurance company licensed to do business in the State of Minnesota, or a form of self insurance acceptable to the Director; (2) verify that the applicant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the (i) use and occupancy of the public right -of -way by the permittee, its officers, agents, employees and permittees, and (ii) placement and use of facilities and equipment in the public right -of -way by the permittee, its officers, agents, employees and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground facilities and collapse of property; (3) name the City as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages; (4) require that the Director be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term; (5) indicate comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the Director in amounts sufficient to protect the City and the public and to carry out the purposes and policies of this chapter: The City may require a copy of the actual insurance policies. If the person is a corporation, a copy of the certificate required to be filed under Minn. Stat. 300.06 as recorded and certified to Automobile Liability Insurance, including owned, non -owned and hired vehicles COMPREHENSIVE: Bodily Injury Liability $1,000,000 each person, $3,000,000 each occurrence Property Damage Liability $3,000,000 each occurrence In lieu of (1) and (2) Bodily Injury and Property Damage Combined $3,000,000 single limit meeting. The decision by the City Council shall be in writing and supported by written findings establishing the reasonableness of the decision. Subd. 21. Insurance. All certificate(s) of insurance or self insurance required under this Section shall provide the following: (1) that an insurance policy has been issued to the applicant by an insurance company licensed to do business in the State of Minnesota, or a form of self insurance acceptable to the Director; (2) verify that the applicant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the (i) use and occupancy of the public right -of -way by the permittee, its officers, agents, employees and permittees, and (ii) placement and use of facilities and equipment in the public right -of -way by the permittee, its officers, agents, employees and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground facilities and collapse of property; (3) name the City as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages; (4) require that the Director be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term; (5) indicate comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the Director in amounts sufficient to protect the City and the public and to carry out the purposes and policies of this chapter: The City may require a copy of the actual insurance policies. If the person is a corporation, a copy of the certificate required to be filed under Minn. Stat. 300.06 as recorded and certified to Public Liability, including premises, products and complete operations. GENERAL LIABILITY: Bodily Injury Liability $1,000,000 each person, $3,000,000 each occurrence Property Damage Liability $3,000,000 each occurrence In lieu of (1) and (2) Bodily Injury and Property Damage Combined $3,000,000 single limit meeting. The decision by the City Council shall be in writing and supported by written findings establishing the reasonableness of the decision. Subd. 21. Insurance. All certificate(s) of insurance or self insurance required under this Section shall provide the following: (1) that an insurance policy has been issued to the applicant by an insurance company licensed to do business in the State of Minnesota, or a form of self insurance acceptable to the Director; (2) verify that the applicant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the (i) use and occupancy of the public right -of -way by the permittee, its officers, agents, employees and permittees, and (ii) placement and use of facilities and equipment in the public right -of -way by the permittee, its officers, agents, employees and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground facilities and collapse of property; (3) name the City as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages; (4) require that the Director be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term; (5) indicate comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the Director in amounts sufficient to protect the City and the public and to carry out the purposes and policies of this chapter: The City may require a copy of the actual insurance policies. If the person is a corporation, a copy of the certificate required to be filed under Minn. Stat. 300.06 as recorded and certified to by the Secretary of State. A copy of the person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other applicable state or federal agency, where the person is lawfully required to have such certificate from said commission or other state or federal agency. Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation and Section 7.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Patricia E. Awada Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 19 6/ CITY OF EAGAN RIGHT -OF -WAY MANAGEMENT PROGRAM (DRAFT) PUBLIC WORKS DEPARTMENT JUNE, 2000 6 a City of Eagan Right -of -Way Management Program TABLE OF CONTENTS Purpose 2 Goal 2 Objectives 2 Background 3 Development of "Model" Right -of -Way Ordinance 3 Development of City of Eagan Right -of -Way Ordinance 4 Summary 5 ROW General Conditions 5 Safety 5 Operations 6 Special Provisions /Specifications 9 Page 1 63 PURPOSE GOAL OBJECTIVES City of Eagan Right -of -Way Management Program The purpose of a formal Right -Of -Way Management Program (ROWMP) is to establish and maintain uniform definitions and policy /procedures for the management of the City's public Rights -of -Way. The Goal of this Right -of -Way Management Program will be to continuously maintain the City's Rights -of -Ways in a safe and fiscally responsible manner. To do so, the Public Works Department will permit all right -of -way users, monitor construction and maintenance operations protecting the City's current and future interests and infrastructure existing in City Rights -of -Ways. There are several objectives that the Public Works Department will achieve with the adoption and implementation of this Right -of -Way Management Program. They are listed as follows: 1. Establish and maintain uniform definitions and regulations. The City has a responsibility to assure that the "rush to join the information superhighway" does not come at the expense of the physical infrastructure related to City rights -of -way. A concise set of regulations has been developed to help ROW operators /facility owners better understand responsibilities and operational expectations. 2. Establish better control processes for permitting and ROW field operations. Clear expectations have been put forth through policy formation providing appropriate registration including important user /facility owner information and processes procedures for better monitoring of field ROW operations. 3. Create and maintain an accurate inventory of facilties /utilities in City's rights -of -ways. An up to date inventory of public /private facilities /infrastructure within the City's rights -of -ways is important for several engineering /planning functions. Also, contractors who build local public projects depend upon ROW mapping for estimating costs of improvements. Page 2 6 V BACKGROUND City of Eagan Right -of -Way Management Program Local governments have long provided public rights -of -way largely for public transportation. Over time, these rights -of -way also became logical locations for a number of utilities. Because these utilities were generally considered to be in the public interest and many of them, over time, became regulated monopolies, they were permitted to occupy the public right -of -way along with public utilities such as sewer, water and storm sewer facilities. Most of the facilities within the public rights -of -way have also been subject to franchises which permit local governments to set reasonable standards concerning the location of equipment, restoration of damage, responsibilities of parties in the event of construction or rehabilitation and other construction standards. The primary exception to local franchise regulations has been in the area of telephone service. The deregulation of the telecommunication's industry in 1996 introduced a substantial number of additional service providers wanting to occupy the rights -of -way. At least some of these firms will be telephone companies with the historic exemption from franchise regulations. Others will be broader telecommunication firms and may be in a gray area with respect to franchising. At the same time, the deregulation of the electric and gas utility industries introduces the probability of overbuilding of redundant, competitive utility systems. The City of Eagan has received requests for redundant systems to service new developments in our community. While such utilities remain subject to franchise regulations, it will be important that the same rules with respect to the use of the rights -of -way apply to all users. The City of Eagan is different from the core metropolitan cities and older first ring suburbs in that it tends to have wider rights -of -way and less need for utility providers to excavate streets and sidewalks for utility installations. However, public rights -of -way are inherently limited in their capacity to accommodate large numbers of utility facilities. As our City continues to grow, the increased number of users wanting to be in the rights of -way will conflict with one another and with the maintenance of public utilities. In deregulating the telecommunication industry, Congress specifically recognized the need for and authority of local governments to manage public rights -of -way in the public interest. The question around the country has been how best to do this without creating unreasonable barriers to users of the rights -of -way. DEVELOPMENT OF A "MODEL" ROW ORDINANCE Page 3 ‘C City of Eagan Right -of -Way Management Program The Minnesota Public Utilities Commission (MPUC), the League of MN Cities (LMC), and the City Engineers Association of Minnesota (CEAM) collaboratively addressed the fundamental issues and challenges associated with right -of -way management in 1997- 1999. Utility vs. Local Regulation cases have been forwarded through the court system with Courts offering rulings recognizing the need for a uniform set of standards for local regulation. Several metropolitan communities, including St. Paul, Minneapolis, Bloomington, Fridley, and Roseville, have adopted new Right -of -Way Management Ordinances and Programs based upon recommendations and proceedings from these groups. Representatives from utilities and communication companies voiced concerns that local regulations not result in a patchwork of local requirements varying from city to city around the state of Minnesota. The LMC /CEAM Model Ordinance has provided the basis for "standardization" within parameters developed with input from all stakeholders. DEVELOPMENT OF THE CITY OF EAGAN'S RIGHT OF WAY ORDINANCES To provide for the health, safety and well being of our citizens and to insure the structural integrity of our assets, the City needs to keep rights -of -way in good repair and free of unnecessary encumbrances. Our City ordinances relating to right -of -way standards and practices prior to the approval of this program were limited in their scope and no longer adequately met the City's current or future needs. The Eagan City Council adopted new Right -of -Way Management Ordinances effective These ordinances were developed with assistance from the City attorney's office using the LMC /CEAM Model Ordinance and policies /programs currently in place in other metropolitan communities. All City Departments provided input /feedback during the ordinance development process. The City also provided several interactive opportunities for right -of -way facility owners and operators to provide input /comments, incorporating many of the suggested changes into the final ordinance. Enacting this ordinance allows the City to enter into the future with construction standards in place, and the responsibilities of all parties more clearly defined. The ordinance and regulations included in this program appropriately address the health, safety and welfare of the community including information such as permit requirements, mapping and reporting obligations, standards for location and installation of equipment and lines, relocation of equipment, removal of abandoned equipment, right -of -way restoration, other obligations and remedies, and recovery of costs. The new Right -of -Way Ordinances are applicable to all users of the rights -of -way including telecommunications' providers and private utilities. While private utilities may also be regulated by local franchises, it is in the City's best interest to have the same Page 4 e ,e City of Eagan Right -of -Way Management Program standards with respect to right -of -way usage addressed in the ordinance to insure a level playing field. Our goal is to coordinate the implementation of the Right -of -Way Management Program and Right -of -Way Ordinances followed by an extensive review /analysis of existing franchises with individual utilities. SUMMARY The City of Eagan's Public Works Department has always been a leader in the public works profession in the Twin Cities metropolitan area. Following the best recommended and documented administrative, engineering and maintenance strategies, new methods, materials and technologies are constantly being researched, experimented with and implemented by a very professional and dedicated staff. Eagan Public Works operations and administrative policies /procedures are among the most progressive in the industry today. Several instructional videos have been produced and distributed showcasing Eagan's methods and techniques. Numerous departmental employees have given presentations, conducted training sessions, and provided classroom instruction to other agencies and individuals. We firmly believe that the Right -of -Way Management Program's overall goals, objectives and related strategies presented herein will provide excellent monitoring and management of the community right -of -ways. Respectfully submitted, Thomas A. Colbert, P.E. Director of Public Works Russ Matthys City Engineer RIGHT OF WAY GENERAL CONDITIONS SAFETY Tom Struve Public Works Coordinator 1. Traffic shall be allowed to pass and to be protected at all times. If it is not possible to allow traffic to pass, a detour must be pre- approved by the Department of Public Works. Notification must be in writing 3 working days prior to commencement. Page 5 City of Eagan Right -of -Way Management Program 2. Traffic control devices shall be in accordance with MMUTCD "Field Manual" (1995). When a sidewalk/trail or roadway /driveway has been cut, appropriate signage must be kept in place and maintained until restoration is complete. 3. Excavations must be shored or sheeted, as required by O.S.H.A., when necessary to prevent under mining of roadways, trailways, utilities, or for safety reasons. Stock piling of excavated material shall not occur within the public- right -of -way without proper traffic control. 4. Guys or stays shall not be attached to trees on right -of -way or private property nor obstruct roadways, sidewalks, trails, driveways, etc., without written permission. 5. Flaggers and /or warning lights at night shall be furnished by the party or organization performing the work whenever the work being done creates a hazard either to the traffic using said road or the personnel engaged in the construction, or when directed to do so by the City. OPERATIONS 1. Permit on Job Permits or copies (including approved detour plans) shall be kept on the work site while it is in progress and in the custody of the individual in charge, and shall be exhibited upon request made by any City official. 2. Conditions of permit No person may excavate or obstruct the public right -of -way after the date specified in the permit, unless the person obtains a new permit or permit extension before the expiration of the original permit. The permit is valid only for the area of the public right -of -way specified in the permit; no permittee shall do any work outside the area specified in the permit, except as noted herein. 3. If the obstruction or excavation of the public right -of -way begins later or ends sooner than the dates specified in the permit, the permittee shall promptly notify the City's Engineering Department. 4. When possible, the permittee shall coordinate project work and installation of facilities in co- locations with other public right -of -way users. 5. The permittee shall locate property lines abutting public right -of -ways and replace any destroyed property corners with the services of a Minnesota licensed surveyor. 6. Execution The permittee shall use diligence in the execution of the work authorized under this permit in order not to endanger the public or unnecessarily obstruct travel along any road or right -of -way. Operations shall be so conducted as to permit safe and free travel over the roads and trailways at all times within the limits of the work herein prescribed. All safety measures for the free movement of Page 6 6( City of Eagan Right -of -Way Management Program traffic shall be provided by the permittee at the permittees expense. The permittee shall notify abutting property owners prior to commencement of any project work that may disrupt the use of and access to the abutting property. 7. Conformity to Laws The installation shall be made in conformity with all applicable laws, regulations, and codes covering said installations. All installations shall be made in conformity with regulations of governmental agencies for the protection of the public. a. The applicant shall furnish a bond or financial guarantee in the amount to be determined by the City that is required to ensure adequate and timely completion of repair. This bond or financial guarantee shall remain in effect for 2 years subsequent to completion of street repair to protect the City from defects in material, workmanship or non compliance with City standards or specifications. b. File with the City a liability insurance policy or certificate of such insurance issued by an insurance company authorized to do business in the State. The policy shall insure the person performing acts described in this section and the City, listed as an additional insured, in the sum of at least $1,000,000 for injury to one person, and $1,000,000 for one accident, and at least $1,000,000 property damage or in such other amounts as the Council shall determine. The policy shall be kept in effect until the termination of a permit granted pursuant to this section. c. Except for the negligent acts of the City, its agents and its employees, the permittee shall assume all liability for, and save the City, its agents and its employees, harmless and defend same at its sole cost and expense from any and all claims for damages, actions or causes of action arising out of the work to be done herein and the continuing uses by the permittee, including but not limited to the placing, constructing, and reconstructing, maintaining, protecting and use of said facility under this application and permit for construction. 8. Existing Facilities The utility facility and installations shall not interfere with any existing utility facility on the City's right -of -way or easements. It is the responsibility of the applicant to call for timely, necessary locations of existing utilities. (Gopher State One Call 651 454 0002.) 9. Private Property The work permit or permit for construction as issued does not in any way imply an easement or right to enter private property. 10. Quality of Work Finished surface, base and sub -base of all disturbed surfaces upon completion of work shall be at least equal to or better than current City specs for similar construction. New surfaces must match existing roads or trailways. Roadway Page 7 6y City of Eagan Right -of -Way Management Program and trailway /sidewalk surfaces shall be finished within 48 hours upon completion of backfill. 11. Cutting Trees The permission herein granted does not confer upon the permittee the right to cut, remove, or destroy trees or shrubbery within the legal limits of the right -of -way or easements that are not specifically identified on the plan attached to this permit or relieve permittee from obtaining any consent otherwise required from the owner of the property adjacent thereto. The permittee shall protect the root growth of significant trees and shrubbery within the public right -of -way adjacent thereto. 12. Drainage All waterways and overland drainage shall remain operative. Proper erosion control shall be established and maintained throughout the construction and restoration. 13. Pole anchors Pole anchors, anchors, braces or other construction may be permitted within right -of -way or easements and must be approved on a case -by- case basis. 14. Driving Limitations: a. Driving or parking on City trails or sidewalks shall only be permitted for those operations requiring direct access to the boulevard area where adequate shoulder width is not available. Vehicles within the right -of -way area shall utilize their warning flashers at all times. b. Vehicles driving on trails or sidewalks shall not operate in excess of 5 miles per hour. Vehicles shall operate at slower speeds when weather conditions, trail conditions, poor visibility, obstructed sightlines or other conditions require special precautions to ensure the safety of trail users and the general public. c. Vehicles shall not be parked on trails or sidewalks in such a manner as to unnecessarily impede the safe and efficient use of trailways by the general public. 15. Vehicles or equipment traversing roads or trailway surfaces shall not utilize studded or chained tires, caterpillar traction, or any other form of traction that will result in damage to the surface. 16. Clean Up Street, trailways and affected right -of -way shall be cleaned at the end of each workday and cleaned after construction is completed and left in a neat and presentable condition. Any sediment or debris from improvement shall be removed from sanitary or storm sewer systems, including drainage swales and ponds, as needed. City of Eagan Right -of -Way Management Program 17.Trees and Vegetation Burning or discing operations and /or the use of chemicals to control or destroy trees, brush and other vegetation are prohibited without prior approval from the City. 18. Replacement of Sod Wherever topsoil and sod are disturbed, they shall be replaced and maintained satisfactorily until the turf is established. Any turf that fails to be established shall be replaced and satisfactorily re- established. Restoration of boulevards shall include a minimum of 4" of topsoil. SPECIAL PROVISIONS /SPECIFICATIONS These general provisions, specifications and City of Eagan Standard Plate #360 shall be considered as forming an integral part of each and every permit issued for operations within Eagan. Installation, placement, location, and relocation of equipment and facilities shall comply with all federal, state, and local laws. The work authorized by this permit shall be done at such time and in such manner as shall be consistent with the safety of the public and shall conform to all requirements and standards of the City. If at any time it shall be found by the City that the work is not being or has not been properly performed, the permittee, upon being notified by the City, shall immediately take the necessary steps, at his own expense, to place the work in condition to conform to said requirements or standards. The location and installation of telecommunications facilities shall comply with the National Electric Safety Code, as incorporated by reference in Minnesota. A. Public right -of -way alignment and grade shall be maintained, unless otherwise authorized by the City. B. Unless otherwise approved by the City, fiber facilities shall be buried in a proper conduit and at a depth of no less than three (3) feet deep and no more than four (4) feet; copper facilities below concrete or bituminous paved roadway surfaces shall be buried no less than three (3) feet deep and no more than four (4) feet deep, and all other copper facilities shall be buried no less than thirty (30) inches deep and no more than four (4) feet deep. C. Unless otherwise approved by the City, all underground facilities which cross streets or hard surfaced driveways shall be bored and installed in conduit of a type determined by the permittee. Natural Gas lines do not have to be installed in conduit. D. When utilizing trenchless installation methods to cross an area in which a City utility is located or when directed by the City, the permittee shall excavate an observation hole over the City utility to ensure that the City utility is not damaged. E. If the project work involves open cut, the permittee shall install visual tracers at twelve (12) inches over buried facilities. If other construction methods are used, substitute location methods may be used upon approval by the City. Page 9 City of Eagan Right -of -Way Management Program F. During plowing or trenching of facilities, a warning tape shall be placed at a depth of twelve (12) inches above copper cables with over two hundred (200) pairs and all fiber facilities. A locating wire or conductive shield shall be installed above buried telecommunication facilities, except for di- electric cables. G. Compaction in any or hole outside of any hard surface shall be ninety -five percent (95 of Standard Proctor. Compaction under any hard surface (sidewalks, trails, and streets) shall be 100% of Standard Proctor to a depth of 36" below base. Backfill must be placed in 12" layers and material shall be subject to the approval of the City. Material from the excavation may be acceptable provided such material is primarily granular in nature. Compacted backfill shall be brought to bottom of the gravel of the approved street section. Compaction shall be accomplished with hand, pneumatic or vibrating compactors as appropriate. Restoration of boulevards shall include a minimum or 4" of topsoil and sod. H. The permittee is required to have compaction testing to be conducted by an independent firm at locations approved by the City as required at the sole discretion of the City. Copies of test results shall be submitted to the City. All testing will be at the expense of the Permittee. If compaction densities are not in compliance with City standards, re- compaction and testing shall be completed. I. All facilities shall be located so as to not interfere with existing potential future traffic signals and signs. 3. All above ground appurtenances shall be located no closer than ten (10) feet to City hydrants, waterline valves, manholes, lift stations or catch basins unless approved by the City, and shall not be installed in front of or within visual sight lines of any City signs, monuments or amenities for facilities or parks. Minimum offsets from sidewalks and trails shall be 2 feet unless approved by the City. K. Underground facilities shall not be installed between a hydrant and an auxiliary valve. L. Underground facilities shall not be installed within five (5) feet of hydrants, waterline valves, lift stations, manholes or catch basins where utility easements exist beyond the roadway surface area of the public right-of-way and space is available therein. In those areas in which no utility easement exists, placement of an underground facility shall be between the edge of pavement and no closer than three (3) feet to an existing City utility appurtenance, unless approved by the City. M. In projects where an extensive effort to determine the location of City utilities lines will be required to determine the proper location and installation of private facilities, the permittee shall contact the City's Utility Representative at least two (2) weeks prior to the beginning of the work and shall cooperate to determine the location of the City utilities. Page 10 9 C72. City of Eagan Right -of -Way Management Program Page 11 2 3 Agenda Information Memo June 20, 2000 Eagan City Council Meeting OLD BUSINESS A. AMEND 2000 FEE SCHEDULE RIGHT -OF -WAY MANAGEMENT PROGRAM ACTION TO BE CONSIDERED: Amend the City of Eagan's 2000 Fee Schedule to include right -of -way management program fees. FACTS: In deregulating the telecommunication industry, Congress specifically recognized the need for and authority of local governments to manage public rights -of -way in the public interest. As provided in Minnesota State Statutes and Public Utilities Commission Rules, local governments may recover its right -of -way management costs by imposing fees. Fees must be based on actual costs incurred by the local government unit in managing the rights -of -ways. During 1996 -7, the League of Minnesota Cities (LMC) and City Engineer's Association of MN (CEAM) worked together with representatives of underground facility owners /operators to develop a "Model Ordinance" including a draft fee schedule. Based on this information, Staff has prepared a proposed Fee Schedule for council's consideration. ISSUES: Utility owners and operators have expressed concern regarding increased fees related to local governments permitting and managing right -of -way operations. There are definite costs associated with managing the ever increasing utility installations and repairs. The City Council needs to consider whether the city taxpayers or utility users should be responsible for these costs incurred by the City, what fees might be appropriate in connection with this new program and determine when they should be implemented. ATTACHMENTS: �j City of Eagan's Proposed Fee Schedule, pages s through LMC /CEAM Model Ordinance fee schedule, pages 2 through 3 Fee Schedule Matrix Survey, pages y NSP Peoples Gas comments, pages S through 8 9v 1. Registration Fee City of Eagan Right of Way Management Ordinance Permits and Fees Background: This is an annual fee for each registrant. It is to cover the administrative costs of reviewing and recording user registration, insurance, bonds, and work plans. Work Plans must be provided in hard copy and digitally in a format compatible with ArcView 3.1. If compatible digital plans are not provided an hourly conversion charge will apply. Cost Estimate: Hole Conversion Charge: Administration Review Recording of Hours x $75 Time (Hours) x Hr Total Cost 0.25 x 50 0.50 x 50 0.25 x 50 I Proposed Fee $50.00 I 2. Excavation Permit There are two types of excavation permits, Hole and Trench, what follows is a brief description and permit fee breakdown for each type. The City has developed a Permit Timetable for excavation in the right -of -way. The allowed time should be sufficient to complete the proposed work and allows for "down time" due to normal weather conditions and other similar delays. If the applicant requires additional time to complete the proposed work in the right -of -way, a delay penalty will be assessed on a per day basis. Please refer to Item 4 Delay Penalty for a break down of this fee and the Permit Timetable. Background: Excavation that has a length that is less than the width of the right -of -way for the section of roadway where the work is occurring. If the length of the excavation is in excess of the width of the right -of -way, the excavation will be considered as a trench rather than a hole. 9 s (Draft) Cost $12.50 $25.00 $12.50 $50.00 Cost Estimate: Trench Administration Plan Review Inspection Before work During work After work Reinspection Mapping Review Data Transfer to Utility overlay Cost Estimate: Time (Hours) x Hr Cost 0.50 x 50 $25.00 0.50 x 50 $25.00 0.50 x 50 $25.00 0.25 x 50 $12.50 0.25 x 50 $12.50 0.50 x 50 Total Cost City of Eagan Right of Way Management Ordinance Permits and Fees 0.25 x 50 $12.50 0.25 x 50 $12.50 $25.00 $150.00 I Proposed Fee $150.00 I Background: Excavation that has a length that is in excess of the width of the right -of -way for the section of roadway where the work is occurring. Trench excavation fees shall be the sum of the hole permit fee plus an amount be 100 lineal feet (or part thereof) beyond the length of the hole. The maximum length of a trench permit is 5,000 lineal feet. If the work continues beyond 5,000 lineal feet, additional permits shall be required. Time (Hours) x Hr Cost Plan Review 0.50 x 50 $25.00 Inspection Before work 0.50 x 50 $25.00 \EA_FS2 \SYS \GROUP\ENGINEER \Tom Struve\ROW\Eagan(rosevl) fees 6- 16.docLast printed 06/16/00 12:25 PM Page 2 of 6 3. Obstruction Permit City of Eagan Right of Way Management Ordinance Permits and Fees During work 0.75 x 50 $37.50 After work 0.50 x 50 $25.00 Reinspection 0.50 x 50 $25.00 Mapping Review Data 0.25 x 50 $12.50 Transfer to Utility overlay 0.50 x 50 $25.00 Total Cost $175.00 The average trench is 330 LF more than the width of a hole. Therefore, the number of 100 LF (or portion thereof) units is 4 The cost per 100 LF unit is $175.00/ 4 $43.75/ 100 LF unit. Page 3 of 6 Proposed Fee $40/ 100 LF (plus hole fee) Background: This permit will be required for the following activities: installing or maintaining overhead lines, maintaining or replacing utility poles or supports, and installing underground facilities in existing conduit. The permit is not intended for minor maintenance work of short duration that has a minimal impact on the public use of the right -of -way. The permit will be required on work that continues for a period in excess of 8 total hours. Such time period is measured either as a single day or as a continuance of the same work over more than one day. The fee will be a lump sum plus a set amount per foot of length of work. The maximum length of a single permit shall be 5,000 feet. The City has developed a Permit Timetable for obstruction of the right -of -way. The allowed time should be sufficient to complete the proposed work and allows for "down time" due to normal weather conditions and other similar delays. If the applicant requires additional time to complete the proposed work in the right -of -way, a delay penalty will be assessed on a per day basis. Please refer to Item 4 Delay Penalty for a break down of this fee and the Permit Timetable. \EA_FS2\SYS \GROUP\ENGINEER \Tom Struve\ROW\Eagan(rosevl) fees 6- 16.docLast printed 06/16/00 12:25 PM 97 Cost Estimate: Base Fee: 4. Delay Penalty Total Cost Base Fee City of Eagan Right of Way Management Ordinance Permits and Fees Time (Hours) x Hr Cost Administration 0.25 x 50 $12.50 Review 0.50 x 50 $25.00 Recording 0.25 x 50 $12.50 Length Fee: Inspection- Assuming 1000 LF permit Time (Hours) x Hr Cost Additional fee Cost/ Linear foot 1g Page 4 of 6 $50.00 $50.00 (Plus an additional fee based on the length of obstruction) Inspection during work 1.00 x 50 $50.00 Inspection after work 0.25 x 50 $12.50 $62.50 $0.0625 I Proposed Fee $50 plus $0.06/ LF I Background: In addition to excavation and obstruction fees, a delay penalty will also be assessed for work done in the right -of -way. This charge that applies when the applicant requests additional time over and above the allowed time as shown in the following Permit Timetable. The allowed time should be sufficient to complete the proposed work and allows for "down time" due to normal weather conditions and other similar delays. If the applicant requires additional time to complete the proposed work in the right -of -way, a delay penalty will be assessed with a base fee plus an inspection fee charged at a per week basis. The focus of the delay penalty is to seek to minimize the disruption and inconvenience caused to both vehicular and pedestrian traffic, as well as address any additional staff time required to follow- \EA_FS2 \SYS \GROUP\ENGINEER \Tom Struve\ROW\Eagan(rosevl) fees 6- 16.docLast printed 06/16 /00 12:25 PM City of Eagan Right of Way Management Ordinance Permits and Fees Page 5 of 6 up on the permit. There will be no delay penalties for utility work in areas closed for Public Improvement Projects. Cost Estimate: Base Fee: Additional Inspections: Inspection Right -of -way Permit Timetable Total Time (Hours) x Hr Cost Administration 0.125 x 50 $6.25 Review 0.125 x 50 $6.25 Recording 0.25 x 50 $12.50 Total Base Fee $25.00 (Plus an additional fee based on the length of delay) Time (Hours) x Hr Cost 9 0.50 x 50 $25.00 $25.00 Proposed Fee $25 $25/ week or portion thereof \EA_FS2\SYS \GROUP\ENGINEER \Tom Struve\ROW\Eagan(rosevl) fees 6- 16.docLast printed 06/16/00 12:25 PM Residential Collector Arterial Street Type Depth* Days Days Excavation Permit (Hole) Concrete 5 5 ft 5 5 5 ft 7 7 Asphalt 5 ft 3 4 >5ft 4 4 Excavation Permit: (Trench) Concrete 5 ft 5 1 day/ 100 LF 5 1 day/ 100 LF 5 ft 7 1 day/ 100 LF 7 1 day/ 100 LF Asphalt 5 5 ft 3 1 day/ 100 LF 4 1 day/ 100 LF 5 ft 4 1 day/ 100 LF 4 1 day/ 100 LF Obstruction Permit I N/A N/A 2 3 City of Eagan Right of Way Management Ordinance Permits and Fees Page 5 of 6 up on the permit. There will be no delay penalties for utility work in areas closed for Public Improvement Projects. Cost Estimate: Base Fee: Additional Inspections: Inspection Right -of -way Permit Timetable Total Time (Hours) x Hr Cost Administration 0.125 x 50 $6.25 Review 0.125 x 50 $6.25 Recording 0.25 x 50 $12.50 Total Base Fee $25.00 (Plus an additional fee based on the length of delay) Time (Hours) x Hr Cost 9 0.50 x 50 $25.00 $25.00 Proposed Fee $25 $25/ week or portion thereof \EA_FS2\SYS \GROUP\ENGINEER \Tom Struve\ROW\Eagan(rosevl) fees 6- 16.docLast printed 06/16/00 12:25 PM 5. Permit Extension Background: When the work is not going to be completed by the assigned completion date, the permittee is required to notify the City and request a Permit Extension. The permittee must request the extension at least 24 hours prior to the completion deadline. A delay penalty, will be assigned based on the additional time, work involved, and the new established completion date. This fee is based on staff time required to process the extension application and additional inspections. (see Item 4 Delay Penalty) If the work is not completed by the permit expiration date, and a permit extension is not applied for, the permit will be considered invalid. If the permittee continues to work without a permit, the City will issue a new permit and charge a double fee. 6. Degradation Fee City of Eagan Right of Way Management Ordinance Permits and Fees Page 6 of 6 Background: If the permittee elects NOT to repair the street as shown in the appropriate detail, a degradation fee applies. This will be collected up front with the other permit fees. Fee is based on the cost to repair the street as shown in the appropriate detail. The reconstruction is based on the type, age, and location of excavation and will be assigned when the permittee elects not to reconstruct the street as shown on the appropriate detail. Below is a break down of cost per square foot as shown on the restoration details. Cost Estimate: (bituminous street) \EA_FS2 \SYS \GROUP\ENGINEER \Tom Struve\ROW\Eagan(rosevl) fees 6- I6.docLast printed 06/16/00 12:25 PM gD Hole (maximum length street width) Trench New Street- 0 to 5 years ($1.50 x street width x length) ($2.50 x lane width x hole width) ($1.50 x street width x length) ($2.50 x of lanes x lane width x length) Existing Street- 5 yrs old to 5 yr plan ($1.50 x lane width x length) ($2.50 x lane width x hole width) $2.50 x of lanes x lane width x length Street to be reconstructed in next 5 years $2.50 x (hole width 4 feet) x (hole length 4 feet) $2.50 x (trench width 4 feet) x length Street to be reconstructed in next 2 years $2.50 x (hole width) x (hole length) $2.50 x trench width x length 5. Permit Extension Background: When the work is not going to be completed by the assigned completion date, the permittee is required to notify the City and request a Permit Extension. The permittee must request the extension at least 24 hours prior to the completion deadline. A delay penalty, will be assigned based on the additional time, work involved, and the new established completion date. This fee is based on staff time required to process the extension application and additional inspections. (see Item 4 Delay Penalty) If the work is not completed by the permit expiration date, and a permit extension is not applied for, the permit will be considered invalid. If the permittee continues to work without a permit, the City will issue a new permit and charge a double fee. 6. Degradation Fee City of Eagan Right of Way Management Ordinance Permits and Fees Page 6 of 6 Background: If the permittee elects NOT to repair the street as shown in the appropriate detail, a degradation fee applies. This will be collected up front with the other permit fees. Fee is based on the cost to repair the street as shown in the appropriate detail. The reconstruction is based on the type, age, and location of excavation and will be assigned when the permittee elects not to reconstruct the street as shown on the appropriate detail. Below is a break down of cost per square foot as shown on the restoration details. Cost Estimate: (bituminous street) \EA_FS2 \SYS \GROUP\ENGINEER \Tom Struve\ROW\Eagan(rosevl) fees 6- I6.docLast printed 06/16/00 12:25 PM gD League of MN Cities/ City Engineers Association Suggested RIGHT -OF -WAY FEES CHARGES Cost Estimates for Fees 1. Registration Fee 2. Excavation Permit Fees A) Hole Administration Verification 1) Plan Review Time X Per Cost Involved Hour (Hour) Administration 0.25 X 40 10.00 Review 0.50 X 40 20.00 Recording 0.25 X 40 10.00 Total Cost Proposed Fee Total Cost 40.00 Proposed Fee 40.00 0.25 X 40 10.00 0.50 X 45 22.50 2) Inspection a) Location before work 0.50 X 30 15.00 b) Compliance during work 0.50 X 30 15.00 c) Completion after work 0.50 X 30 15.00 d) Reinspection 0.25 X 40 10.00 3) Testing Result Review a) Compaction 0.083 X 40 3.33 b) Material 0.083 X 40 3.33 4) Mapping a) Review data 0.25 X 45 11.25 b) Transfer to Autocad 0.25 X 45 11.25 c) Insert to overlay to tie in 0.25 X 45 11.25 $127.91 $125.00 B) Emergency Hole Administration 0.25 X 40 10.00 Inspection after completion 1.50 X 30 45.00 C) Trench Administration Verification 1) Plan Review Total Cost $55.00 Proposed Fee $55.00 3) Testing Result Review a) Compaction b) Material Proposed Fees 8a- 0.25 X 40 10.00 1.50 X 45 67.50 2) Inspection a) Location before work 0.50 X 30 15.00 b) Compliance during work 1.50 X 30 45.00 c) Completion after work 1.50 X 30 45.00 d) Reinspection 0.75 X 40 30.00 0.083 X 40 3.33 0.083 X 40 3.33 4) Mapping a) Review data 0.50 X 45 22.25 b) Transfer to Autocad 0.25 X 45 11.25 c) Insert to overlay to tie in 0.50 X 45 22.25 Total Cost $275.40 The average trench is 330 lin. ft. past the width of a hole. Therefore,.the number of 100 lin. ft. (or portion thereof) units is 4. The cost per 100 lin. ft. unit is 275.40 4 $68.85/100' unit. 70.00/100 lin. ft. (Plus Hole Fee) 3. Obstruction Permit Fee A) Administration 0.25 X 40 10.00 B) Recording 0.25 X 40 10.00 C) Review 0.75 X 45 33.75 Minimum Base Coat 53.75 Proposed Base Fee 50.00 Plus additional fee based on length Inspection 1) Compliance during work 1.50 X 30 45.00 2) Completion after 0.25 X 30 7.50 Additional fee on assumed 1000 lin. ft. permit Additional cost per lineal foot $52.50 1000 Proposed Fee $50.00 plus 0.05 lin. ft. 4. Permit Extension Fee A) Administration 0.25 X 40 10.00 B) Recording 0.083 X 40 3.33 C) Review 1.0 X 40 40.00 5. Delay Penalty A) Administration Total Cost 53.33 Proposed Fee 55.00 For up to 3 days of non completion and non -prior notice before specified completion date. After 3 days, an additional charge of $10 /day will be levied. Total Penalty Charge 60.00 (Up to 3 days late) Each day late over 3 days F3 52.50 0.0525 1.5 X 40 60.00 60.00 Plus 10.00/Dav PEOPLES I otT5 ,0091014'8 00'9L15 015 SL5 93 g AeM 01x 09S I dSN ion Q Qi Q U (01 LEAGUE OF I MN CITIES (Otis it, N LO V, p _O v Ili G n n N 09$ 99$ 015 09$ I •JOAV ILY4 1 N T CO O 7 Q. ROSEVILLE I 095 $50 plus cost/linear foot $0.0625 based on staff time $25 $25/week or portion thereof FRIDLEY I j09$ ta- 91$ 914 0014 BLOOMINGTON loos $125 $55 $65 per 100 lineal feet fee for each excavation. The maximum length of a trench permit shall be 5,000 lineal feet. $50 plus $0.05 per lineal foot for each obstruction. $55 for each pmt. ext. The maximum length of a trench permit shall be 5,000 lineal feet. $60 plus $10 per day for each late day over 3 days. 'Registration Fees Excavation Hole Emergency Hole Trench Obstruction Permit Permit Extension Fee Delay Penalty 8 Y RIGHT-OF-WAY FEES 1 March 2000 Mr. Tom Struve Public Works Coordinator City of Eagan 3830 Pilotob Road Eagan, MN 55122 -1810 SUBJECT: Eagan Right of Way Ordinance Proposed Fee Schedule Dear Mr. Struve: Northern States Power Company Newport Area 3000 Maxwell Avenue Newport, Minnesota 55055 -1001 NSP recently attended an informational meeting hosted by your Public Works Department where you provided us your proposed ROW fee schedule. It is our understanding that your city council will be voting on April 18, 2000, to adopt the proposed fee schedule. We appreciate the opportunity to offer our feedback with respect to the proposed fees. The following is our response to the city of Eagan's proposed ROW fee schedule: Registration Fee We have no objection to the proposed annual ROW user registration fee ($40.00 /year). We understand that this fee covers NSP and any subcontractors working for us in the city such as Mueller Pipeliners and Quality Restoration. Excavation Permit The City of Eagan proposes three fees: Hole $125.00 Emergency Hole 55.00 Trench (base of 330 feet total) $275.40 [plus $70 /100 LF over 330 feet] NSP Response: We understand, pursuant to state statutes, that the city's fees must reflect a fair representation of the actual cost to the city to manage its public right -of -way. We also note that the City, under the new state law governing management of public rights -of -way, must also assess right -of -way management costs to itself. For instance, the City will incur the same fees when its public works department works in the right -of -way. gs Mr. Tom Struve 1 March 2000 Page Two We would also ask that the city consider the various installation methods that NSP and other utilities utilize when installing service line such as plowing, pneumagophering, directional boring and joint trenching. Less inspection time will be required with certain installation methods because the ground disturbance will be minimal. This variation should be reflected in the trenching fee category. For example, to request using the directional bore method for street crossings could possibly cause more property damage and increase restoration costs than the pneumagopher method. A directional boring machine is about twelve feet in length and about four feet in width; the pneumagopher bullet only requires a three foot by four foot hole. We are also concerned that the city might be charging us double for the administrative and plan review components on projects that involve both hole and trench excavation. Obstruction Permit The City of Eagan is proposing a base fee of $50 [plus an additional charge of $0.05 /LF for projects over 1,000 LF]. The permit will be required on non excavation type work that continues for a period in excess of 8 total hours. NSP Response: We are concerned that this fee structure overcollects fees from utilities. We again note that fees must be based on the actual cost to the City to manage the public rights -of -way and that the City must assess right -of -way management costs to itself when it performs work in the public right -of -way. Permit Extension Fee When NSP work is not going to be completed by the assigned completion date, the permittee is required to notify the City and request a Permit Extension. NSP must request the extension at least 24 hours prior to the completion deadline. If NSP continues to work without a permit, the City will issue a new permit and charge a double fee. Proposed fee is $55.00. NSP Response: We request that the city consider the unique characteristics of natural gas and electric service as compared to that of telephone and/or cable television service in determining its timetable. As the provider of essential electric and natural gas service for your city, we must dedicate all our resources to ensure 86 Mr. Tom Struve 1 March 2000 Page Three we can safely and swiftly respond to any power outages or other operational concerns during critical emergency events (such as severe storms). Delay Penalty The city is proposing a delay penalty in the amount of $60 plus an additional $10 /day for each day after a total of 3 days. NSP Response: A delay penalty may be imposed by the city as a result of unreasonable delays in working in the public right -of -way. The delay penalty should be established by resolution of the city council. NSP would like to note that, in establishing a delay penalty, the city must consider the unique safety characteristics in working on electric and natural gas facilities. The March 29, 1999 PUC order states: The fee being proposed by the city of Eagan is significantly higher than that implemented by other communities. For example, the city of Roseville adopted a ROW ordinance last fall that requests a delay penalty of $25 plus an additional charge of $25 for every week thereafter that the project is delayed. Conclusion "A delay penalty must not be imposed if the delay in project completion is due to circumstances beyond the control of the applicant, including without limitation inclement weather, acts of God, or civil strife." Thank you again, Tom, for the opportunity to review and comment upon your proposed ROW ordinance and fee schedule. We forwarded to you under a separate e -mail transmission a copy of your proposed ROW ordinance with our comments highlighted in red. I trust that our remarks will be helpful as you begin to finalize your proposed ROW ordinance. Please feel free to call me at (651) 458 -1228 should you wish to more fully discuss our comments. 8'2 Mr. Tom Struve 1 March 2000 Page Four We would appreciate an opportunity to review your final draft before it is presented to the city council in April. Sincerely, /s/ Colette Jurek Colette Jurek Manager Community Local Government Affairs SE Metro Area NSP CITY OF EAGAN PERMIT FEES (Proposed by peoples gas) One Time Registration Fees $40.00 Franchised ROW Excavation Permit Fees User that restores Hole $125.00 $25.00 Emergency Hole $55.00 $10.00 Trench (Base) $275.40 $175.00 plus $70.00/100 lin.ft.Over 330 Ft. $10./500' New Subdivision: Base Fee only Note: If Restored by the City, additional costs will be billed to the User. $175.00 Obstruction Permit Fees (Base) $50.00 $25.00 plus $0.05 lin.ft. Over 1000 lin.ft. Permit Extension Fees $55.00 $15.00 Delay Penalty $60.00 $50.00 $10.00 additional for each day after 3 days 8' 9 Agenda Information Memo June 20, 2000 ACTION TO BE CONSIDERED: To consider the petition requesting the deletion of the trail access to the proposed Cliff Road trail improvements from Cliff Ridge Court as part of Project 680 (Cliff Road Street and Utility Improvements) and, if appropriate, direct a revision of the detailed final plans and specifications to the Dakota County Highway Department. FACTS: On February 15, 2000, after the close of the Public Hearing, the City Council approved the upgrade of Cliff Road (County Road 32) from Ches Mar Drive/Fairway Hills Drive to Lexington Avenue (County Road 43) as presented in the feasibility report (Project 680) and authorized the preparation of detailed final plans and specifications. This improvement provides for a trail on both sides of Cliff Road and a connection from Cliff Road to Cliff Ridge Court along a dedicated trail easement. Due to topography, this trail connection would incorporate a set of stairs. Based on the recommendation of the Advisory Parks and Recreation Commission, the developer of the Cliff Ridge development dedicated a trailway easement to the City of Eagan for a trail between Lots 3 and 4, Block 1 to connect the southern cul -de -sac of Cliff Ridge Court to Cliff Road. City staff had received a comment from a resident at the open house who expressed a desire for the planned trail connection to be completed as part of the Cliff Road improvements. He has since reiterated his desire to have said trail access included with the Cliff Road upgrade. On June 9 City staff received a petition from Jacqueline Shirif, 4592 Cliff Ridge Court, including the signatures of 18 people representing 18 properties informing the City and County that they do not wish to have the proposed steps and trail connecting Cliff Ridge Court to the proposed Cliff Road trail. ATTACHMENTS: Petition, page 9/ Petition Exhibit, page 9.4 Staff Memo, page 93 Trail Easement, page 9 Trail Access/Steps Detail, page 9 .r B. PROJECT 680, CLIFF ROAD STREET UTILITY IMPROVEMENTS 90 May 16, 2000 The following is a petition to the City of Eagan and Dakota county, Minnesota, informing these governmental bodies that the citizens of this neighborhood do not wish to have a stairwell and path leading to the bike path on the proposed newly reconstructed Cliff Road from the apex of the cul -de -sac on Cliff Ridge Court (which is directly north of Cliff Road). ame Address Phone 451z Ws 2• 4 e. muumerimu dago L L/5. C�. 4.4‘. 6 s r A 4 4S1:44 CL.0 cN tfs 73 Cc-rA' o5-c cr 95 72. C di au s• U le Q Kurt 9s, affi -0 '1 s? 7 cc� OM Ci X r E 6A(0 c (e3� 9o5- oL 'S"6- O/79 vsy•23oy 68r 42.- c p l& 2 10-- 9%/ 7 PROPOSED TRAIL ACCESS 6 -13 -2000 o-/Project o..r gelCUr MO a Ps Son Mop CLIFF ROAD LEGEND a NO SCALE 6 -12 -2000 PROPOSED TRAIL Petitioning Property Owners c City of Eagan CLIFF RIDGE COURT TRAIL ACCESS CLIFF RD STREET UTILITY IMPROVEMENTS PROJECT 680 PETITION MAP Figure 1 9.1 i KV:cm TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: JUNE 20, 1989 RE: OAK CHASE 7TH ADDITION (CLIFF RIDGE) The Advisory Parks and Recreation Commission reviewed the proposed development at it's March, 1989 meeting and recommended the following: 1. The developer grade a trail pad and provide a 20 foot trailway easement between Lots 7 and 8 from the cul -de -sac to Ravine Park. 2. The developer grade a trail pad and provide a 20 foot trailway easement between Lots 3 and 4 from the southern cul -de -sac to Cliff Road. 3. A bituminous trail be placed along Cliff Road. 4. The parcel be subject to a cash parkland dedication. cc: Marilyn Wucherpfenning, Planning Aide Ed Kirscht, Engineering Technician MEMORANDUM 2.214511 TRAILWAY EASEMENT IN CONNECTION WITH PROJECT 89 -Y This easement, made this day of c(Sf' 1989, between ARGUS DEVELOPMENT, INC., a Minnesota corporation, herein referred to as "Landowner" and the CITY OF EAGAN, a Minnesota municipal corporation, organized under the law of the State of Minnesota, hereinafter referred to as "City W I T N E S S E T H: That the Landowner, in consideration of the sum of One Dollar and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey unto the City, its successors and assigns, forever, the following easements: A trailway easement over and across the westerly 10 feet of Lot 8, Block 2, the easterly 10 feet of Lot 7, Block 2 and a 20 foot trailway easement, the centerline of which is described as the common lot line between Lot 3 and Lot 4, Block 1, all in CLIFF RIDGE, Dakota County, Minnesota. Sec also Exhibit "A" attached hereto and incorporated herein. The grant of the foregoing permanent easements for trailway purposes includes the right of the City, its contractors, agents and servants to construct, reconstruct, inspect, repair and maintain a trailway over, under, across and through the premises. And the Landowner, for itself and its successors and assigns, does covenant with the City, its successors and assigns, that it is well seized in fee of the lands and premises aforesaid and has good right to grant, convey the easements herein to the City. IN TESTIMONY WHEREOF, the Landowner has caused this easement to be executed as of the day and year first above written. 9' ARGUS DEVELOPMENT, INC. a Minnesota Corporation n 1 r/� B: Joseph M. Milldr Its: President 4 ,E_ Z7 r 7 o[ .4 .L N PUBLIC WORKS DEPARTMENT C -j1 City of Eagan RETAINING WALL AND STAIRWELL CLIFF RIDGE COURT TRAIL ACCESS PROJECT 680 CLIFF ROAD REVISED 6/14/2000 Agenda Information Memo June 20, 2000 ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 99 -14 (TH 55 Frontage Road/Louis Lane Street and Utility Improvements) and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: Contract 99 -14 provides for the reconstruction of the East Trunk Highway (TH) 55 frontage road and associated access management improvements (Project 749) and the construction of new street improvements for Louis Lane between TH 55 and Chapel Lane and sanitary sewer lift station improvements (Project 784R). On April 4, 2000, the City Council approved Project 784R and authorized the acquisition of easements according to the agreement that was reached with Schaaf Construction Company. Said agreement included the City's acquisition of two outbuildings within the proposed right of -way and their removal from the site. In an attempt to recuperate some of the associated easement acquisition costs for Project 784R, the sale of the two buildings for relocation off -site was advertised by the City. The bid opening was advertised for 11:30 a.m. on June 15. No bids were received for these buildings. Without the sale of the two buildings, it will be necessary to demolish them and remove them from the site to allow the construction of the Louis Lane improvements. The revisions detailed in the change order address said demolition and removal of the buildings. According to Minnesota Pollution Control Agency requirements, an inspection of both buildings was made and testing was completed to determine the existence of hazardous materials within the buildings. No hazardous material was detected in the buildings to be demolished. The cost of the work is consistent with prices for relevant demolition and removal work on other projects within the metropolitan area. This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. The change order provides for an additional cost of $2,415.00 (0.31 of original contract). The associated cost will be the responsibility of the Major Street Fund. ATTACHMENTS: C. PROJECT 784R, LOUIS LANE BUILDING REMOVAL Change Order No. 1, pages 9 9 through 96 city of eagan CONTRACT 99 -14 PROJECT 749/784R DATE: June 15, 2000 PROJECT NAME: East T.H. 55 Frontage Road/Louis Lane PROJECT DESCRIPTION: The reconstruction of the East Trunk Highway 55 frontage road and the construction of new street improvements for Louis Lane between T.H. 55 and Chapel Lane and sanitary sewer lift station improvements. CONTRACTOR: Brown Chris, Inc. 19740 Kenrick Ave. Lakeville, MN 55044 CHANGE ORDER 1 ENGINEER: Bonestroo, Rosene, Anderlik Assoc. 2335 W. Trunk Hwy 36 St. Paul, MN 55113 DESCRIPTION OF CHANGE ORDER WORK: This Change Order consists of the demolition and removal of two outbuildings that were not originally anticipated in the original scope of the contract plans and specifications. JUSTIFICATION FOR/PURPOSE OF CHANGE ORDER: The addition of this Change Order is necessary due to the need to demolish and remove two buildings from the site to allow the construction of the Louis Lane improvements. DESCRIPTION OF WORK ITEMS: DESCRIPTION UNIT UNIT QTY. AMOUNT PRICE Building Demolition Removal LS $2,415.00 1 $2,415.00 Total Increase of Change Order No. 1 $2,415.00 Change Order 99 -14 #1 June 15, 2000 CONTRACT STATUS TIME /COMPLETION DATE AMOUNT Original Contract: May 2. 2000 782,918.10 Change Order: June 15. 2000 2,415.00 Subtotal of Previous Change Order: This Change Order: New Subtotal of All Change Orders: Revise Contract: Percent Increase or Decrease for this Change Order to Original Contract Amount: Percent Increase or Decrease for Total of All Change Orders to Original Contract Amount: RECOMMENDED FOR APPROVAL: By: By: Project Manager Contractor By: Date: (o DISTRIBUTION 1 City 2 Contractor 1 Engineer City Department M City of Eagan Council Action: Mayor: Clerk: Date: G:/ENGINEER/FORMS &LISTS /chngordr. fins2.doc 9E 0.31% 0.31% 0.00 2,415.00 2,415.00 785,333.10 Agenda Information Memo June 20, 2000 Eagan City Council Meeting D. X. PARADE PERMIT SHOWS LICENSE, FOR THE FOURTH OF JULY CELEBRATION ACTION TO BE CONSIDERED: To approve a parade permit and approve or deny waiving the permit fee for the Eagan Lions Club to hold the annual Fourth of July FunFest parade on Blackhawk Road between Diffley Road and Blue Cross Road. To approve a shows license and approve or deny waiving the permit fee for the carnival to be held July 1 through July 4, 2000 at Skyhill Park. FACTS: The City is in receipt of an application from Ann Carlon, on behalf of the Eagan Lions Club, to hold a parade from approximately 10:00 a.m. until noon on Tuesday, July 4, 2000. The Lions Club has sponsored the parade for many years. The City is also in receipt of an application from Ms. Carlon, on behalf of the Eagan Convention and Visitors Bureau, to hold a carnival July 1 through July 4, 2000 at Skyhill Park. Enclosed on page is a copy of a letter Ms. Carlon submitted requesting that the parade and carnival fees be waived since both are City events. The Council previously waived the fee for a shows license for the EspressFest that was held on July 30 and 31, 1999. ATTACHMENTS: Applications enclosed without page number. Agenda Information Memo June 20, 2000 Eagan City Council Meeting 5S A. LOCAL TRANSIT TAX LEVY OPTION ACTION TO BE CONSIDERED: To approve the local transit tax levy option for taxes payable in 2001. FACTS: As a result of 1996 legislation, opt -out transit providers were given the authority to elect to levy directly up to the transit levy limit. Under this election, the levy is forwarded directly to the transit providers by the individual cities and is not controlled by the Met Council. The amount the cities could levy was set at 88% of the established transit levy for payable 1997. The Met Council would levy the remaining 12 Eagan has elected to levy directly each year since then. If opt -out cities do not levy to the 88% limit, the Met Council could levy the difference for regional use, but has in past years honored the cities' efforts to minimize increases in the taxpayer burden and has not levied more than the 12 For payable years 1998 -2000, both the overall City and transit levies were subject to levy limits. For payable 2001, only transit is subject to a levy limit; the levy limits for cities have been removed. For payable 1998 -2000, the City chose not to levy the 88% limit for transit as that would have resulted in effectively lowering the limit of the City's general levy under the State's formulas for computing limits. Instead, in those years, the City levied the same percentage increases for both the City and the transit levy. June 30 is the deadline for each opt -out city to send the Department of Revenue a certification of its intent to levy a transit tax for the taxes payable in the year 2001, along with a certification of the City's proposed payable 2001 gross transit levy, if they are going to levy locally. As with the general levy, the amount of the transit levy certified to the State on June 30 can be reduced at a later date, but cannot be increased. The MVTA has built its preliminary 2001 budget based on a 6% increase in the six cities' combined levies. From conversations staff has had with Burnsville and Apple Valley staff, it appears Burnsville plans to levy the State's limit, while Apple Valley plans to levy a percentage increase over last year's levy, which will be less than the State's limit. Agenda Information Memo June 20, 2000 Eagan City Council Meeting ISSUES: With the removal of limits on the overall City levy, the transit levy and the City levy are no longer competing against one another. The primary issue, then, is at what level the City wishes to fund transit. Possible scenarios include: ATTACHMENTS: Increase levy to the maximum allowed by the State, which would be $2,892,389, or 15.8% above last year's levy. Increase levy by the percentage increase in taxable market value, which is the percentage the State uses in determining the increase in levy limit. This would result in a levy of $2,720,485, or 8.9% higher than last year. This option would effectively keep the transit tax capacity rate at last year's level. Staff recommends this option. Apply an arbitrarily chosen percentage increase to last year's levy of $2,498,529. However, the Met Council retains the authority to levy the balance up to the State limit for regional transit purposes. Enclosed on pages /0 and f D,3 is a copy of the resolution authorizing a local transit tax levy and setting the levy at the transit levy limit. /o/ CITY OF EAGAN RESOLUTION DECLARING INTENT TO EXERCISE LOCAL TRANSIT LEVY OPTION FOR TAXES IN 2001 WHEREAS, Laws of Minnesota for 1996, Chapter 455, Section 4 (the "Local Levy Option Act allows the City of Eagan to make a local transit tax levy in lieu of receiving assistance from the Metropolitan Council under Minnesota Statutes, Section 473.388, subdivision 4; and WHEREAS, said local transit levy will replace a similar transit tax levy which would otherwise be made by the Metropolitan Council; and WHEREAS, in order to effectively exercise the local transit tax levy option, it is necessary that the City notify the State Commissioner of Revenue and the Metropolitan Council of its intent to levy the taxes on or before June 30 of each levy year and to include in the notification the amount of the City's proposed transit tax for the levy year; and WHEREAS, it is in the best interest of the City of Eagan that it declare its intent to exercise the local transit levy option for taxes payable in 2001. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan as follows: 1. The City hereby declares its intent to exercise the local transit tax levy option for taxes payable in 2001 as permitted by Local Levy Option Act and as certified by the State Commissioner of Revenue in accordance therewith. 2. The City Clerk is authorized and directed to give the State Commissioner of Revenue and the Metropolitan Council notice of the City's intent to exercise the local transit tax option for taxes payable in 2001 in accordance with the notice attached hereto as Exhibit A and incorporated herein by reference. ADOPTED by the City Council of the City of Eagan this 20` day of June, 2000. Motion by: CITY OF EAGAN Seconded by: CITY COUNCIL Those in Favor: By Those Against: Its Mayor Dated: Attest: Its Deputy Clerk CERTIFICATION I, Maria Karels, Deputy 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 20` day of June, 2000. /Q� Maria Karels, Deputy City Clerk EXHIBIT A NOTICE OF INTENT TO EXERCISE LOCAL TRANSIT TAX LEVY OPTION FOR TAXES PAYABLE IN 2001 The State Commissioner of Revenue and the Metropolitan Council are hereby notified that the City of Eagan, Minnesota, intends to exercise the local transit tax levy option for taxes levied in 2000 and payable in 2001 pursuant to Laws of Minnesota for 1996, Chapter 455, Section 4. The proposed amount of the City's transit tax for the 2000 levy year is in accordance with M.S. 473.388, Subd. 7. By order of the City Council of the City of Eagan. /0 Agenda Information Memo June 20, 2000 Eagan City Council B. CONDITIONAL USE PERMIT SPRINT PCS ACTION TO BE CONSIDERED: To approve a Conditional Use Permit to allow construction of a 75 -foot monopole telecommunications tower on property located at 4151 Old Sibley Memorial Highway, located in the SW /4 of Section 19, subject to the conditions in the APC minutes. FACTS: The property is zoned Limited Industrial and is unplatted. The property contains an existing 100 -foot monopole communications tower that was constructed in 1996, and a billboard that was constructed in 1992. The proposed tower is 75 -feet in height. A detailed discussion of the City Code standards relative to this proposal is included in the attached planning report. Although the City Code does not require a tower under 100 -feet in height to provide co- location opportunities, the applicant in this case proposes to oversize the foundation of the tower so that the tower could be reconstructed to a taller height in the future to accommodate additional users. Since this permit request is for a 75 -foot tower, any height extension would require reapplication for a CUP for the additional tower height. There are several other towers in the area that could be options for co- location. The AT &T tower was rejected due to radio frequency interference issues, the existing tower on this property (APT) was rejected due to structural capacity issues (it already holds two antennae and cannot accommodate a third), and the steel frame tower on the property occupied by Media One was rejected because the applicant was unable to negotiate a lease. Documentation is included in the attachments with the planning report. The Advisory Planning Commission held a public hearing on May 23, 2000, and recommended approval of the Conditional Use Permit, subject to the conditions listed in the APC minutes. ISSUES: The property is unplatted and the City Code requires platting prior to issuance of a building permit. This issue was considered in 1996 with the CUP for the existing tower and the City Council waived the platting requirement at that time. The applicant had agreed to plat the property, however, the APC recommended that the platting requirement be waived. Subsequent to the public hearing on this CUP before the APC on May 23, the City Council approved a public street improvement project (Project 782 Old Sibley Memorial Highway Street Improvements) providing for the bituminous overlay of the street adjacent of his property (parcel 013 -56). A pending assessment (approximately $5,300) to the property was identified under the project. It is standard City policy to require a waiver of objection for all pending assessments to a property as part of the platting and CUP process. Therefore, an /o y additional condition should be added to this CUP stating "The applicant /property owner shall agree to waive objection to all pending assessments under City Project 782- Old Sibley Memorial Highway." The City Code requires that the billboard be removed prior to platting or prior to issuance of a building permit. In 1996 with the CUP for the existing tower, the City Council determined that the billboard could remain. At their meeting in May, the APC recommended that the billboard again be allowed to remain on the property, stating that the same treatment should be applied to this applicant. ATTACHMENTS: May 23, 2000, APC Minutes, pages /06 through Ad 2 Staff report, pages/08/through/3, /OS Advisory Planning Commission May 23, 2000 Page 8 CONDITIONAL USE PERMIT SPRINT PCS DRAF Chair Heyl opened the next public hearing of the evening regarding a Conditional Use Permit to allow a 75 -foot cellular communication antenna tower on property located at 4151 Sibley Memorial Highway in the SW of Section 19. Planner Dudziak introduced the item and highlighted the information presented in the City staff's planning report dated May 16, 2000. She noted the background and history, existing conditions and surrounding uses of the subject property. She explained that Sprint PCS has indicated that their inability to locate their antenna on an existing tower in the area necessitates the request to construct a new tower. Ms. Dudziak further explained that the property is unplatted and contains an existing tower with two equipment buildings, as well as a billboard. The City Code requires that the billboard be removed prior to issuance of a building permit, and that the property be platted. Steve Carlson representing Sprint PCS discussed the need for the proposed tower. He stated that Sprint had looked at other sites and leasing opportunities with other towers but had been unsuccessful. He stated that he is in agreement with the staff report but requested that the billboard on the site be allowed to remain in place. He also requested that the application for the conditional use permit not be forward to the City Council until their June 20, 2000 meeting. Chair Heyl asked if competing companies co- locate their towers. Mr. Carlson stated gave examples of other companies that Sprint PCS has co- located with. There was no public comment. Chair Heyl closed the public hearing. Chair Heyl stated she felt the billboard should be allowed to remain in place. She further stated that she would like to see more co- location even if it requires higher towers, which would require an additional conditional use permit. A discussion was held regarding the height of the tower being up to 100 feet. City Attorney Bob Bauer stated that the public notice stated the conditional use permit is for a 75 -foot tower and that a new notice would have to be published. Condition number three of the planning report was amended to read "The property need not be platted prior to issuance of a building permit and construction of the tower Condition number four of the planning report was amended to read "The billboard may remain on the property /0 6 Advisory Planning Commission May 23, 2000 Page 9 DRAFT Member Segal moved, Member Kaess seconded a motion to approve a conditional use permit to allow a 75 -foot cellular communication antenna tower on property located at 4151 Sibley Memorial Highway in the SW 1/4 of Section 19 subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The applicant shall obtain a building permit prior the construction of the tower. 3. The property need not be platted prior to issuance of a building permit and construction of the tower. 4. The billboard may remain until the property is further developed. 5. The 75 -foot antenna tower shall be constructed with a foundation that would structurally accommodate a tower extension. Any future height extension will require reapplication for a Conditional Use Permit for the additional tower height. 6. The tower and accessory equipment building shall comply with the general standards outlined in City Code Section 11.10, Subdivision 31, F. The accessory equipment building shall be constructed of brick or precast concrete in a color similar to the existing buildings on the parcel. 7. The lease area shall be secured with a security fence as shown on the enlarged site plan dated 12/14/99. The barbed wire on the fence shall not be angled outward. 8. Landscaping shall be installed as shown on the landscape plan dated 5/2/00. 9. The monopole tower shall be painted light blue or gray to match the existing tower on the site. All voted in favor SUMMARY OF REQUEST PLANNING REPORT CITY OF EAGAN REPORT DATE: May 16, 2000 CASE: 19- CU- 16 -12 -99 APPLICANT: Steven Carlson, for Sprint PCS HEARING DATE: May 23, 2000 PROPERTY OWNER: JJY Industries, Inc. PREPARED BY: Pamela Dudziak REQUEST: Conditional Use Permit LOCATION: 4151 Old Sibley Memorial Hwy. COMPREHENSIVE PLAN: IND Limited Industrial ZONING: I -1 Limited Industrial Sprint PCS is requesting a Conditional Use Permit (CUP) to allow a 75 -foot monopole telecommunications tower on property located at 4151 Old Sibley Memorial Highway in the SW 1/4 of Section 19. AUTHORITY FOR REVIEW Conditional Use Permit City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. /6 g Planning Report Sprint PCS May 23, 2000 Page 2 C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY JJY Industries received a CUP in 1992 to install a single -sided 250 square foot billboard on the site. The billboard is located along the southwest property line of the site facing south to Hwy. 13. Several overhead telephone and electrical services currently existing on the site. A fence surrounds the property, and there are trees along the north and west property lines. In 1996, JJY Industries received another.CUP to construct a 100 -foot multi -user communication monopole tower. Since that existing tower was constructed, the City has revised its ordinances relating to communication antennae towers. EXISTING CONDITIONS The site is located west of TH -77 (Cedar Avenue) and north of Diffley Road. The property contains an existing 100 -foot monopole communications tower that was constructed in 1996, and a billboard that was constructed in 1992. The parcel is unplatted. /09 Planning Report Sprint PCS May 23, 2000 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North Office building; zoned I -1 (Limited Industrial); guided IND (Limited Industrial) South MnDOT right -of -way, Office /warehouse and townhomes; zoned I -1 and PD (Planned Development) East Office building (Media One Cable); zoned I -1, guided IND West MnDOT right -of -way EVALUATION OF REQUEST Code Requirements City Code Chapter 11, Section 11.10, Subd. 31 sets forth the regulations for the installation of antennae and construction of towers. Additionally, there are provisions regarding off premise signs in Section 4.20 and platting in Section 13.02 that apply. These sections are discussed in greater detail later in this report. Site Plan The proposed monopole tower is proposed to be located in the central portion of the site near the existing billboard, and about 100 feet east of the existing monopole on the site. Access is provided by the existing driveway from Old Sibley Memorial Highway. The driveway was surfaced with bituminous when the existing monopole was constructed on the site in 1996. The survey indicates that the tower would be located more than 300 feet from any residential use district (the townhomes to the south) and the nearest residential structure is located 407 feet from the proposed tower. The lease area for the tower and equipment building is 670 square feet in area. The site plan shows a future lease area of 600 square feet for an additional user northwest of the proposed tower site. Security is provided by a chain link fence with barbed wire at the top located around the lease area. The barbed wire on the fence should not be angled outward as the plans show, but rather should angle in toward the tower. Platting Section 13.02, Subdivision 3 states "No building permit shall be granted for the erection of any building or structure upon lands which are not platted in accordance with the requirements of this section or which was platted as an outlot." Since this property is currently unplatted, and a building permit is required for the construction of the proposed tower and equipment building, the property should be platted. The platting of the property was raised as an issue in 1996 with the previous CUP request for construction of a tower on this parcel and the City Council waived the platting requirement at that time. Sprint PCS has agreed to plat the property at this time. Billboard Section 4.20, Subdivision 4 of the City Code regulates off premise signs and states in part: "Any sign now existing or permitted to be constructed shall be removed prior to the city approving the platting of the property upon which the sign is located or prior to the city issuing a I/0 Planning Report Sprint PCS May 23, 2000 Page 4 building permit for the construction of a structure upon the property upon which the sign is located, whichever occurs earlier." Construction of the proposed tower requires a building permit from the city, therefore, the billboard should be removed from the property prior to issuance of the building permit. The removal of the billboard was identified as an issue in 1996 with the previous CUP request for construction of a tower on this parcel. The City Council waived the requirement at that time and allowed the billboard to remain on the property. The applicant requests that the City allow the billboard to continue to remain on this property with the construction of the proposed tower. The applicant's narrative dated May 12, 2000 discusses this billboard issue. In summary the narrative indicates that a) the communication tower is an "interim use" of the property because of changing technology, b) the billboard existed before 1996 and the City allowed it to remain with construction of the existing tower on the site, c) the billboard could be relocated to a "more visible location within the City," and d) the billboard provides advertising space for local businesses. Communication Towers and Antennae Section 11.10, Subdivision 31 -F contains general standards applying to all towers and antennae regarding illumination, signage, security, screening, location and color, design, and building permit requirements. The proposed tower should comply with these general standards. Additionally, Subdivision 31 -D(2) states that freestanding towers and antennae in non residential use districts shall be subject to the following requirements. An assessment of this proposal relative to these provisions follows each item. a) The combined height of any freestanding tower and antennae or satellite dishes mounted thereto shall not exceed: (i) 100 feet, measured from ground elevation of the tower to the highest point of the tower antenna/satellite dish combination; or The proposed tower is 75 feet in height. The submitted narrative states that although the City Code does not require towers under 100 feet in height to provide co- location opportunities, Sprint PCS will design the foundation to allow for a tower extension if another carrier wished to locate on this tower. Since this permit request is for a 75 -foot tower, any height extension would require reapplication for a CUP for the additional tower height. b) All setback requirements for any accessory equipment building or structure shall be met as set forth in this chapter, provided the minimum setback distance of the tower from any property line of a parcel or lot within a residential use district shall be equal to two times the height of the tower or 300 feet, whichever is greater. The proposed equipment building satisfies setback requirements for the I -1 zoning district (40 -feet from a public right -of -way, 50 feet from a state highway, and 20 feet from side and rear lot lines). The survey indicates that the tower would be located more than 300 feet from any residential use district (the townhomes to the south) and the nearest residential structure is /1/ Planning Report Sprint PCS May 23, 2000 Page 5 located 407 feet from the proposed tower. c) The tower shall be located in the rear yard. The odd configuration of the parcel, the multiple frontages on public right -of -way, and the lack of a principal building on this parcel make the "rear" of the lot difficult to identify. The proposed tower is located in the central portion of the lot, and is set back 100 feet from the front lot line, abutting Old Sibley Memorial Highway, from which the property takes access. d) The tower shall be self supporting through the use of a design that uses an open frame or monopole configuration. The applicant's proposal is for a self supporting monopole. e) Permanent platforms or structures, exclusive of the tower or antennae, that increase off site visibility are prohibited. The plans do not show any extraneous platforms or structures associated with the tower. The tower should be painted a light blue or gray color to match the existing tower on the site. f) Existing vegetation on the site shall be preserved to the greatest possible extent practical. The proposed tower is located in a clearing on the site. g) Accessory equipment associated with freestanding towers and antennae shall be located within an equipment building constructed of materials and color compatible with principal building and surrounding area or within an equipment encasement not exceeding 10 feet (w) x 10 feet (I) x S feet (h) in size. The plans show a brick equipment building and the narrative indicates that the equipment shelter will be similar to the existing equipment buildings on the lot. The existing buildings were constructed using a decorative precast concrete. The new accessory building should be constructed of brick or precast concrete in colors similar to the existing buildings on the parcel. h) The applicant shall provide a color manipulated "as built" photograph of the tower as proposed for the location. The applicant has provided the photo simulation. i) No new tower shall be permitted unless the city council finds that the equipment planned for the proposed tower cannot be accommodated at any preferred co- location site. The city council may find that a preferred co- location site cannot accommodate that planned equipment for the following reasons: (i) The planned equipment would exceed the structural capacity of the preferred co- location site, and the preferred co- location site cannot be reinforced, modified, or replaced to accommodate the planned equipment or its equivalent at a reasonable cost, as certified by a qualified radio frequency engineer; (ii) The planned equipment would interfere significantly with the usability of existing or approved equipment at the preferred co- location site, and the interference cannot be prevented at a reasonable cost, as certified by a qualified radio frequency engineer; Planning Report Sprint PCS May 23, 2000 Page 6 (iii) A preferred co- location site cannot accommodate the planned equipment at a height necessary to function reasonably, as certified by a qualified radio frequency engineer; or (iv) The applicant, after a good faith effort, is unable to lease, purchase or otherwise obtain space for the planned equipment at a preferred co- location site. There are several other towers in this area that the applicant investigated for co- location prior to submitting this application. Letters of rejection for co- location were provided for the AT &T tower due to radio frequency interference, and for the existing tower (APT) on this property due to structural capacity issues. The applicant has also submitted a letter indicating that they have been unsuccessful in negotiating a lease agreement to locate on the existing steel frame tower on the property occupied by Media One. Grading/Storm Drainage Grading is limited to the lease area as needed for construction of the tower and equipment building. Tree Preservation The plans show no removal of existing significant trees. Compliance with the tree preservation ordinance will be confirmed at the time of building permit application. Landscaping A landscape plan has been submitted which consists of evergreen trees and deciduous shrubs for screening from OId Sibley Memorial Highway and the office building to the north. SUMMARY /CONCLUSION Sprint PCS is requesting approval of a Conditional Use Permit to construct a 75 -foot monopole communications antenna tower on property located at 4151 Old Sibley Memorial Highway. Sprint PCS has indicated that their inability to locate their antenna on an existing tower in the area necessitates that a new tower be constructed. The property is unplatted and contains an existing tower with two equipment buildings located on this parcel, as well as a billboard. The City Code requires that the billboard be removed prior to issuance of a building permit, and that the property be platted. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit (CUP) to allow a 75 -foot monopole telecommunications tower for property located at 4151 Old Sibley Memorial Highway, in the SW of Section 19. If approved, the following conditions apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The applicant shall obtain a building permit prior the construction of the tower. i3 Planning Report Sprint PCS May 23, 2000 Page 7 3. The property shall be platted prior to issuance of a building permit and construction of the tower. 4. The billboard shall be removed from the property prior to issuance of the building permit. 5. The 75 -foot antenna tower shall be constructed with a foundation that would structurally accommodate a tower extension. Any future height extension will require reapplication for a Conditional Use Permit for the additional tower height. 6. The tower and accessory equipment building shall comply with the general standards outlined in City Code Section 11.10, Subdivision 31, F. The accessory equipment building shall be constructed of brick or precast concrete in a color similar to the existing buildings on the parcel. 7. The lease area shall be secured with a security fence as shown on the enlarged site plan dated 12/14/99. The barbed wire on the fence shall not be angled outward. 8. Landscaping shall be installed as shown on the landscape plan dated 5/2/00. 9. The monopole tower shall be painted light blue or gray to match the existing tower on the site. Y FINANCIAL OBLIGATION 19- CU- 16 -12 -99 10- 01900- 013 -56 There are pay -off balances of special assessments totaling -0- on the parcel for which the conditional use permit is requested. At this time, there are no pending assessments on the parcels proposed for platting. A public hearing is scheduled for June 5, 2000, for Project 782, Street Reconstruction of Old Sibley Memorial Highway. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. IMPROVEMENT Trunk Storm Sewer Sanitary Sewer Trunk Water Trunk Water Availability Charge Water Lateral Sanitary Sewer Lateral TOTAL USE RATE QUANTITY C.I. $.129 /Sq. Ft. 128,066 Sq. Ft. C.I. $1,870 /Ac 2.94 Ac C.I. $1,960 /Ac 2.94 Ac C.I. $3,090 /Ac 2.94 Ac C.I. $25.35/F.F. 380 F.F. C.I. $22.30/F.F. 380 F.F. This property has not been charged for City utilities. The above information is presented for Council information. Issuance of the conditional use permit is not conditioned upon acceptance of this obligation. //S AMOUNT $16,520 5,498 5,762 9,085 9,633 8,474 $54,972 Location Map Eagan Boundary Street Centerline Parcel Area Building Footprint AMP ■111111•MMIN 4 11 ig c o4 r i na go r imiwg5 M 5 5 5 9 11 '■17 11 1;21 M1 PJ FJ IR I P5171 1111 I •RI I MIFJ 1E11 LIPJ 1.9111 LPL' L111 LIPJ SEA I II•1 UP/ V /Aurir, Z!i; '14r.i otti ta72±7...irs, firirem3imi444--g Oki tirt t'$ fZ,4 tiViN 6 #1,1114 ..4*-- ''.4.■•■•■1 n A11,1%,=Ai4caa t .liwtti i ramni MN/ volts *41.,.. k C !I kii 2; 2 vols,› V Vs NS vw .?-11ii? 4 14ttlAV.,- -4)4 A S ill 4 CI Y 61 II I El r* 5 Ala 5! I trl iiiiii L1 I 11 I ti It 1 414.11.14.110.4 G7. E1555222222221 4:1 -.74-044,0 Lino LIPJ IVJ 1.111,J <11 44;"■, .1 4 0 44 4 1 4 ••4) trIri L Ohl p, UV] rV,..• L VI 410 114 MiLS;PA 14er.18 022;222222R InTS55S5935 fill .r.1 LES 1 LIE I 1.41PUI I MU L.IFJ LAPJ 1111.J cone I 072229 5!.5119 LIrJ 1.711 LIEU VIE I LiFJ LIIFJ LES I I Am I MU 11FJ LAM kgratu <1250 ETZZIE2TM wen aggAIIMEMP 41 r OM EMMA r MA I CEMILiWp, mw.:47 iltv"Wo, GFINZ c-roar44 1 Subject Site 1000 0 1000 Sp vssfRi IN s 2000 Feet Development/Developen Sprint PCS Application: Conditional Use Pe Case No.: 19-CU-16-12-99 #City of Eagan Cminnmelty Devel•pment DepartmeM Map Prepared using ER31 AreView 3.1. Parcel base map data provided by Dakota County Land Survey Department and Is cunent es of January 2000. THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not re sssss %le for errors or omissions. 1. W+E Current Zoning and Comprehensive Guide Plan Sprint PCS Land Use Map Case No. 19- CU- 16 -12 -99 Zoning Map I E! �ma lir/ oil& LIG MI gill Current Zoning: 1 -1 Limited Industrial 410PIP' PD ON 0 000 1200 f..t 111 B PF F C.S.A.H. NO. 30 (DIFFL*Y ROAD) A;;I k 1 Comprehensive Guide Plan Land Use Map mini r�� j IND sil iPdU Current Land Use Designation: IND Limited Industrial m 7 I PP- I r IFs■ 1 1 41 11 millig CPD B ME 'MAMMIES 111 000 000 1204 root PF C.$.A.N. NO. 30 (DIFFL[Y ROAD) 4/E. m H f gilie Parcel boon mop Marn on provided by Dakota County Land s�...y D.P..1.n.M 1103100. N Zoning Information nuiM taff aln.d by City s. City of Eagan W E Zf TNIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Depaitment The City of Eagan and Dakota County do not guarantee the accuracy of this information. S L LS e `R I j t ti 1 i 1 tt I f 1 11 i w f E L r 01 1 M 3rd= of I; C i' L' 1/4 V Q i 1 plc! O I e 9p j cei 1 t7 1 1 1 o O p SURVEY E l/ SITE PLAN J r L SITE PLAN 7 1 z 0 W I1 W I 0 H ER a iI t 4)/ LEASE AREA ELEVATION i f .ta rM ra It Nj zg h CJ 1 L ray ('F t b t id %E o 2 1 2 ii u N 1•• ik! N C N u n ei I p lr 1 X I 1 1 PI in .N_• BUILDING ELEVATIONS J -0111----- up - WI • .N/ N N N N N IP! I'll a3 NDSCAPE PLAN N g • al I iw A v us "T craucaHANCTONs =_•�=jJornesR.HinInc. a a• a as r.a r s MStIllIMMIN titl4lr g • April 21, 2000 Pamela Dudziak City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 -1897 RE: Special Use Permit application for proposed communication site located at 4151 Old Sibley Memorial Highway, Eagan, MN. Dear Ms. Dudziak: Enclosed is additional information you have requested in order to complete the Conditional Use Permit application for a proposed communication site development at an industrial -zoned property located at 4151 Old Sibley Memorial Highway. This submittal is a supplement to our full application dated December 15, 1999. My client, Sprint PCS, is proposing to construct a 75 -foot tall monopole structure for the purpose mounting wireless communication antennae, and to install related electronic equipment near the base of the monopole structure in an accessory building designed to match the existing structures on this property. We have leased land from the property owner for such an installation, as is depicted in the enclosed site plan and survey. Sprint PCS is planning to construct this communication site within the next six months. Please refer to my submittal dated December 15, 1999 for additional information on this application. The following pages are updated answers to Eagan's Municipal Zoning Code referring to communication towers. You can contact me at 651- 690 -3705 with any additional questions or concerns. I look forward to working with you. Sincerely, Steven J. Carls n Enclosures CARLSON HARRINGTON COMMERCIAL REAL ESTATE SERVICES [NC. q. 2077 LINCOLN AVENUE 1 SAINT PAUL, MN 55105 1 TEL 1651)690 -3705 1 FAX [877)394 -6167 (2) Freestanding towers and antennae in non residential use districts. Location and Use. Sprint PCS' proposed communication site development is located in Eagan's 1 -1, Limited Industrial District. In addition, the proposed communication site is located within an area of Eagan, which has been designated in its Comprehensive Plan as industrial. Per Eagan's zoning code, freestanding towers and antennae are permitted in I -1 Districts pursuant to a conditional use permit approved by the city council. The current uses on this property include a billboard and a 100 -foot tall monopole utilized as a communication site for two wireless carriers (APT and Nextel Communications). This property is surrounded by highway right -of -way, and is an irregular shape. Due to its irregular shape, traditional office or industrial development becomes difficult to achieve. The site is not platted as its highest and best use has not materialized. It could be argued that someday, the highest and best use of this property would be to merge with surrounding I -1 property, to make a larger, more useable site. We have configured our proposed development at a location on this property to maximize the utility of the remaining vacant land. The proposed communication site development is surrounded by the following uses and zones: North: I -1 Districts. Current uses include office- warehouse and office property, as well as Highway 13. East: I -1 Districts. Current uses include office and industrial uses, including the Minnegasco pipeline facility. South: I -1 and PD Districts. Currently, MediaOne Cable Company has a office warehouse facility with several communication dishes and a small lattice tower. South of this property is a townhouse development. West: The Burnsville/Eagan border is located close to the western edge of this property. The current uses of property immediately west of this property include a gas station/convenience store, a car wash and an office building. Height Requirements. Sprint PCS' proposed monopole height is 75 feet above grade. Per Eagan's height and co- location requirements, towers measuring 100 feet or less above grade are not specifically required to accommodate additional carriers. However, Sprint PCS' corporate policy is to build all of its freestanding towers to have the structural capacity to accommodate at least one additional PCS or cellular carrier (or another equivalent tower user). Sprint PCS recognizes that a 75 -foot monopole does not offer great opportunity for co- location for additional carriers on this structure. We would propose to over design our concrete foundation to allow for a height extension to this monopole if a new carrier were to approach Sprint PCS or the City of Eagan looking for a wireless communication site in this neighborhood. Setbacks: The monopole location is greater than 300 feet from the nearest residential lot line (as illustrated in the enclosed survey). The accessory radio equipment building location meets all yard setbacks for the I -1 zoning district. Other towers in the subject neighborhood: APT (Aerial Communications) owns a 100 -foot monopole structure on this site. This monopole has two communication tenants: APT and Nextel Communications. We approached APT regarding co- location on this tower, and our request was rejected due to structural integrity issues. A copy of a letter from APT addressing our co- location request was previously submitted to your office. AT &T Wireless owns a 90 -foot monopole structure on the Minnegasco property nearby, and has antenna equipment located at three different elevations. We approached AT &T Wireless regarding co- location on this tower and were rejected due to radio frequency interference issues, and physical capacity issues. Our required elevation for antennae at this site would conflict with AT &T Wireless' current antenna configuration. In addition, AT &T Wireless has indicated needs to mount additional equipment on their tower, and could not accommodate my client. Enclosed in this submittal is a signed letter from AT &T Wireless indicating their rejection of our co- location request. MediaOne owns a lattice tower at the adjacent property to the south. This tower is approximately 100 feet tall. We have been in discussions with MediaOne since last December regarding the possibilities of co- location at this existing tower. We have conducted a structural analysis indicated the feasibility of our request. We have also had several discussions regarding leasing requirements. To date, MediaOne has been unable to forward a lease for this site due to their existing lease issues with the owner of this property. Due to these complications, we are unable to secure proper lease rights for co- location. Landscaping: The proposed Sprint PCS development will not affect any existing vegetation on this property. We will not be moving or removing any existing trees or shrubbery. In addition, the contour of the site is such that the ground elevation at the proposed monopole location is approximately five feet higher than the street grade. Thus, visibility of the base of the monopole, and the location of the ground equipment is limited from the public right -of -way. Our plan is to place trees and shrubs consistent with the current landscaping surrounding the APT monopole installation. A plan will be submitted prior to our public hearing date at the appropriate Planning Commission meeting. L. �v May 12, 2000 Pamela Dudziak City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 -1897 Dear Ms. Dudziak: CARLSON HARRINGTON COMMERCIAL REAI. ESTATE SERVICES INC. RE: Conditional Use Permit application for proposed communication site located at 4151 Old Sibley Memorial Highway, Eagan, MN. Enclosed is additional information you have requested in order to complete the Conditional Use Permit application for a proposed communication site development at an industrial -zoned property located at 4151 Old Sibley Memorial Highway. This submittal is a supplement to our full application dated December 15, 1999, and a supplemental letter dated April 22, 2000. My client, Sprint PCS, is proposing to construct a 75 -foot tall monopole structure for the purpose mounting wireless communication antennae, and to install related electronic equipment near the base of the monopole structure in an accessory building designed to match the existing structures on this property. We have leased land from the property owner for such an installation, as is depicted in the enclosed site plan and survey. Sprint PCS is planning to construct this communication site within the next six months. I would like to address five issues regarding our application, which need further clarification. 1. Security: Sprint PCS plans to address any security concerns regarding potential public access to the communication equipment and tower in three ways. First, the communication equipment will be contained in a secured building similar to the existing buildings on this lot. Second, the communication tower itself will be fenced by a six-foot tall chain -link fence with barbwire to prevent general access to the tower. Finally, the tower itself will not have any climbing pegs lower that 12 feet above grade. We feel the combined measures planned at this facility will provide a very safe and secure installation. In addition to these measures, the existing property is already secured by a chain -link fence and gate that prohibits vehicle access to the tower. 2. Platting: Sprint PCS will agree to meet this Eagan code requirement by taking necessary measures to plat the landowner's property. It is our understanding that the process of platting the property will not incur additional utility assessment charges until the point at which a development actually requires public utility hookup. Our installation does not require the use of water or sewer facilities. 3. Landscaping: Enclosed with this letter is a landscape plan we feel is adequate to provide natural screening of our installation from surrounding properties. Our intention is to implement this landscape plan upon completion of all other proposed improvements, weather permitting. If the installation is not complete 'rior to the end of this year's planting season, we 1 2 05/12/00 1 Page 1 of 3 2077 LINCOLN AVENUE 1 SAINT PA N 55105 1 TEL [651)690 -3705 1 FAX [877)394 -6167 a. will complete landscaping installation during the following spring planting season. This landscape plan is similar to landscaping approved by the Eagan City Council for the existing communication tower owned by Aerial Communications. 4. Co- location: We have approached all tower owners in this area to look for a co- location possibility, and have been unable to find an existing tower that can accommodate our needs. We have provided the City of Eagan with letters from both Aerial Communications, and from AT &T Wireless rejecting our requests for co- locating on their respective towers in this neighborhood. We have been trying to work with MediaOne over the past six months to pursue co- location on their self supporting tower on Old Sibley Memorial Highway as well. While we do believe this structure has the necessary structural capacity to accommodate our equipment, we do not believe we can come to a lease agreement that is within market parameters with MediaOne. MediaOne currently leases space from this landowner that is on a month -to -month term. The risk level of building a communication site on a month-to -month basis is far to great to undertake. Sprint PCS' lease requirements, which are similar to any other carrier in this industry, is for a minimum of 20 years of lease rights. Due to MediaOne's inability to address this lease situation over the past six months, we believe we must move on and pursue our own site. We do not feel there will be any change in this situation any time in the foreseeable future. While Eagan's tower code does not require a tower under 80 feet tall to provide for co- location, it is Sprint PCS' corporate philosophy is to provide for co- location with every new structure built. We recognize that a 75 -foot tall monopole is a relatively small facility, and may not provide for the necessary height requirements of another future carrier looking for space in this neighborhood. Therefore, we are willing to over engineer our tower facility to allow for a tower extension to be utilized to accommodate a greater height in this area without the need for a new structure. 5. Billboard: The existing billboard located on this property is owned and operated by JJY Industries. JJY Industries also owns the land parcel for which Sprint PCS has leased rights to construct the proposed communication facility. It is our understanding that Eagan's billboard code indicates billboards are to be removed upon development of a property. Sprint PCS' request for a Conditional Use Permit at this location is contingent on the ability to maintain the existing billboard at this location. We feel there is adequate justification for this billboard to remain in operation at this location, and would like to point out the following matters of fact: a) Sprint PCS' proposed development on this property can be considered a "interim use" of the property as the lease in place grants the tenant the right to terminate the lease if such infrastructure should become obsolete, or if the location no longer provides adequate service for Sprint's technology. Sprint PCS is building and perfecting a state -of -the -art technology for its customers, and as technological advancements continue, they must stay in tune with those changes. If a technological change were to occur that would render this proposed communication site obsolete, this facility would be removed, and the property would be available for other development. b) This billboard existed on this property prior to Aerial Communication's tower development back in 1996. At that time, it was the position of Eagan's city attorney, as well as the decision of the Eagan City Council that a tower 05/12/00 i 3 Page 2 of 3 development on this property does not preclude the use of this billboard. We believe that this decision should also apply to our current proposal, and are only asking for the same treatment in Eagan as our competitors received at this site. I've attached a copy of the Eagan City Council meeting minutes from June 4, 1996 addressing this issue for your review. c) Per the Eagan Billboard Code, the billboard owner has the right to relocate any displaced billboard in another location within the City. By requiring this billboard to be removed from this industrial -zoned location, you may be allowing the billboard owner the right to move this billboard to a more visible location within the City. d) This billboard currently advertises and promotes local businesses. Current advertisers on this billboard are Cedervale Shopping Center, Jensen's Supper Club and McDonalds (also located in Cedervale Shopping Center). The owner of this'billboard has previously stated that his first choice is to provide this advertisement space to local businesses. Considering the local use of this billboard over the past several years, and the current designs for redeveloping and expanding the Cedervale area suggests the importance to continue to provide advertising space in this neighborhood for local businesses into the future. I hope I have answered any questions you may have regarding our applicaiton. Please refer to my previous submittals for additional information on this application. You can contact me at 651- 690 -3705 with any additional questions or concerns. Sincerely, Steven J. Carlson Attachments 05/12/00 cg t1L-_. Page 3 of 3 Sent by: SPRINT PCS Cellular Division April 14, 2000 Mr. David A Swims Property Specialist VIA FACIMILE AND AIRBORNE EXPRESS MAIL Sprint PCS FAX 847- 384 -3250 9701 West Higgins Road, Suite 320 Rosemount, Ill 60018 Re: Collocation Request for AT &T Cell Site Number M1 -80 Hwy 13 Hwy 77 Eagan, Minnesota Dear Mr. Swims: Best Regards, Ronald L. Mielke Real Estate Manager Recycled Pups 847 384 2845; 04/18/00 9:14AM; tru #243;Page 1/1 In regards to your submitted collocation request for the above mentioned cell site, the RF Engineers for AT &T Wireless Services has rejected your collocation request. The reason for the rejection is based upon the elevation Sprint PCS has requested for their antenna's to be placed on the monopole in relationship with the existing AT &T Wireless Services antenna's. The vertical separation that is needed between the two companies antenna requirements for "Antenna Interference" are beyond the minimum standards. If you should have any questions, please feel free to contact me at your earliest convenience. If you should have any other requests for collocation to be reviewed in the future, please forward them to AT &T Wireless Services. /,3 A1�T AT&T Wireless Services 2515 241h Avenue South MU neapoUs, MN 55406 612 721 -1660 FAX 612 7 ?1 -47TC APT A M E R I C A N P O R T A B L E T E L E C O M 8000 West 78th Street, Suite 400 Minneapolis, MN 55439 612- 833 -4000 Fax 612- 833 -4110 Mr. Steven Carlson Carlson and Harrington, Inc. 2077 Lincoln Avenue St. Paul, MN 55105 A TOS COMPANY RE: Sprint PCS Co- Location at APT Site A1Q058 Eagan Dear Mr. Carlson: Thank you for your interest in use of our monopole on Old Sibley Memorial Highway in Eagan. Unfortunately, that monopole is a two- carrier structure, capable of supporting only these antennas we have designed to install along with our current tenant's installation design. Therefore, the monopole would not be structurally capable of also safely handling Sprint's proposed antennas. If you have any further questions or comments, please call. Sincerely, Steven P. Katkov Co- Location Manager /3/ pai CARLSON HARRINGTON, Inc. COMMERCIAL REAL ESTATE SERVICES 2077 Lincoln Avenue St. Paul, MN 55105 Wednesday, April 05, 2000 Karleen Clark Fisher, Sweetbaum Levin 1331 17th St Suite 1000 Denver, CO 80202 Dear Ms. Clark: I am writing on behalf of my client, Sprint PCS, regarding a communication tower located at 4155 Old Sibley Memorial Highway in Eagan, Minnesota. We are currently looking to locate a PCS communication site in this neighborhood. Per the City of Eagan's tower zoning code, we must identify and explore all co-location possibilities prior to being able to construct a new tower facility. We have identified the MediaOne self support tower at this location as a possible co- location opportunity, and are currently conducting a structural analysis of that tower to determine if it can support our equipment As you know, we have also requested to discuss lease terms with MediaOne for this tower. You have stated that MediaOne is currently in the process of restructuring its lease of this facility to move from a month -to -month status, to a lease term much more substantial. My client will require such a long -term lease to justify its initial infrastructure investment, and cannot afford to lease on a month- to-month basis. It has recently come to my attention that the City of Eagan is in someway involved in this lease process with MediaOne, and a resolution is not coming in a timely fashion. We have had a Conditional Use Permit application in since December 1999 for a new monopole structure on property with which we have already secured a lease. Our application is still considered incomplete due to the unknown status of the MediaOne tower at this location. This issue may become a moot point if our structural analysis of the MediaOne tower fails, but in the meantime, it is our hope that the City of Eagan and MediaOne can come to terms in a timely fashion to facilitate our lease negotiations on this tower. At some point in the near future we will need to move forward with our CUP application for a new monopole in this neighborhood regardless of the status of MediaOne's negotiations with the City of Eagan as our service quality in this community continues to suffer with the ongoing delays. Please keep me informed as things transpire in this matter. Also, please let me know if there is anything I can do to help. Thanks for your attention in this matter. Steven J. Carlson cc. David Swims Sprint PCS Pamela Dudziak Planning Department, City of Eagan Agenda Information Memo June 20, 2000 Eagan City Council C. PRELIMINARY SUBDIVISION AND VARIANCE (KENNERICK ADDITION) TRI -LAND SURVEYING COMPANY, INC. ACTION TO BE CONSIDERED: To approve a Preliminary Subdivision to create 19 single- family lots and one outlot on 8.63 acres, with a Variance to allow a cul -de -sac in excess of 500 feet in length, on property located west of Pilot Knob Road and north of Lone Oak Road in the SE /4 of Section 4, subject to the conditions listed in the staff report. FACTS: The development site consists of five parcels, two of which contain single family homes. The site is moderately to heavily wooded with large variations in topography. There is a small pond/wetland to the west of the development site. The site is located in the airport Noise Zone 4, and the proposed use is considered conditional within that zone and the Council would need to determine acceptable findings relative to the eight items in the staff report regarding airport noise compatibility in order to approve the preliminary subdivision. The 19 lots satisfy the minimum dimensional requirements of the R -1 zoning district. Outlot A also satisfies the R -1 dimensional requirements and could be platted as a lot for construction of a house in the future. The staff report identifies some concerns about grading and erosion control, particularly on the west end of the site, and the need for a public improvement project to acquire public ponding easements over the existing pond to the west and install a storm pipe overflow outlet. The developer proposes off -site ponding for water quality treatment by excavating the existing wetland, south and east of the wetland. However, detailed plans for how this would be accomplished were not submitted. The proposed cul -de -sac is approximately 1,000 feet in length, which exceeds the 500 -foot minimum in the City Code. The conditions of approval require a street stub to be provided to the north boundary of the development site for future extension to the north at such time as that land develops. The Advisory Planning Commission held a public hearing on May 23, 2000, and failed to pass a motion recommending approval of the Preliminary Subdivision and Variance. ISSUES: The APC indicated that they failed to recommend approval of the proposal because the developer had failed to demonstrate compliance with items C, E an G of the City ordinance /33 (regarding the suitability of the proposed development to the physical characteristics of the site, potential negative environmental impacts, and easements). The APC also was unable to support the Variance because there were no plans for street connection to the north, although the proposed conditions of approval would require a street stub to the north boundary of the site. These issues were identified in the staff report and appropriate conditions of approval are proposed, however, the APC was seeking more detailed plans demonstrating that these conditions could and would be satisfied. For this reason, the APC offered the developer the option of a continuance to allow time to prepare such plans for consideration by the APC, however, the developer declined. It is staff's understanding that over the past several weeks, the developer has hired an environmental consultant to conduct additional analysis and prepare more detailed plans with regard to the drainage and ponding impacts to the existing pond/wetland. However, as of yet, such plans have not been submitted for staff review. Staff has received a few letters (see attachments) and some phone calls from residents concerned about how this proposed development would affect the pond and surrounding area, potential negative impacts on property values, and potential assessments related to the public improvement project for the storm pipe outlet. There has also been some concern about existing landlocked parcels to the north, removal of trees and the number of proposed lots. ATTACHMENTS: May 23, 2000, APC Minutes, pages /through /3? Staff Report, pages /3g through �Q Correspondence from Neighbors, pages/a through 9s /3Y Advisory Planning Commission April 25, 2000 Page 9 PRELIMINARY SUBDIVISION TRI -LAND SURVEYING COMPANY, INC. Chair Heyl opened the next public hearing of the evening regarding a Preliminary Subdivision (Kennerick Addition) of 9.6 acres to create 19 single family lots and one outlot, legally described as Lot 4, and part of Lots 5, 6, 7, and 8, of Zehnder Acres, located north of Lone Oak road, west of Pilot Knob Road in the SE 1/4 of Section 4. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City staff's planning report dated April 20, 2000. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. She stated that staff has some concerns with regard to grading and erosion control, particularly on the west end of the site where the land is wooded and steep, dropping off to the wetland. Brad Swenson, developer, addressed concerns from a recently held neighborhood meeting. His discussion included: Architectural controls and types of houses to be constructed Pricing (to exceed $300,000) Landscaping Pond on west side of the site Runoff from Lone Oak Road into pond Request for cul -de -sac variance Thirteen residents spoke, expressing concerns which included: Easements and compensation The destruction of the wetland area behind their properties Effect on wildlife in the area Assessments for improvements should be paid by the developer Actual size of the proposed development Adverse effect on area property values Drainage for future developments Type of fill to be used to meet elevations Consistency of lot sizes and the legality of splitting lots Landlocked area to the north Cul -de -sac length Chair Heyl closed the public hearing. The Commission held a discussion which included: Future use of Outlot A Cul -de -sac length Advisory Planning Commission April 25, 2000 Page 10 Future development access Wetland/pond issues Assessments to area property owners Chair Heyl asked the developer if he would be willing to continue this request until the next Advisory Planning Commission meeting in order to address the issues of concern. Mr. Swenson stated he would prefer not to continue the request. Chair Heyl and Member Huusko stated that items C, E, and G of the ordinance had not been met and that they do not agree with the variance for the cul -de -sac, as there is no plan for future connection to the north. Member Steininger moved, Member Huusko seconded, a motion to recommend approval of a Preliminary Subdivision (Kennerick Addition) of 9.6 acres to create 19 single family lots and one outlot, legally described as Lot 4, and part of Lots 5, 6, 7, and 8, of Zehnder Acres, located north of Lone Oak Road, west of Pilot Knob Road in the SE 1/4 of Section 4 subject to the following conditions: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1•, B2, B3, B4, Cl, C2, C3, D1, and El 2. The property shall be platted. 3. Architectural designs and construction methods for new construction within the development should incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 DBA (use provisional land use performance standards) as compared with a noise level of 65 DNL. 4. The developer will need to verify the compliance of the setbacks of existing structures from new lot lines prior to final subdivision approval. 5. Erosion control practices shall be properly installed and effectively maintained (particularly to the west of the proposed cul -de -sac where the topography is steep) throughout the development process to prevent and minimize soil loss and negative impacts to down gradient resources and water quality. 6. A public improvement project providing for a pipe outlet from and acquisition of ponding easement over HDP -1 shall be approved by the City Council prior to final subdivision approval for this development. 7. The applicant shall meet the City's water quality requirements by excavating from the nearby wetland (City Pond HDP -1) a minimum additional wet -pond volume of 0.47 acre feet covering an area of 0.23 acres. The stormwater treatment pond should be /36 Advisory Planning Commission April 25, 2000 Page 11 constructed according to NURP standards with a maximum depth of six (6) feet, a 10:1 aquatic bench, and an outlet skimmer according to City design standards. 8. A minimum 30 -foot wide buffer of natural, undisturbed vegetation outside the boundary of the wetland shall be maintained before, during, and after construction, allowing an exception only for the necessary excavation for storm drainage purposes and that disturbed area shall then be restored to its natural state. 9. The existing houses on Lots 1 and 16 shall be connected to the City utility system (sanitary sewer and water main) as part of this development. 10. The developer shall construct a stubbed public street from Vincent Court to the north edge of the development to provide for interconnection of future local streets to the north. 11. The developer shall be responsible for obtaining public street easement over Parcel 051- 00 to allow for the extension of the public cul -de -sac street prior to final subdivision approval for this development. 12. Individual Lot Tree Preservation Plans will be required for Lots 12, 13, 14, 15, and 19 at the time of building permit application. Allowable removal for each lot is 20% of the significant vegetation on the lot. 13. Tree protection measures (i.e. orange colored silt fence or four foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved. This tree protection fence shall be installed prior to any grading or tree removal. 14. The applicant shall contact the City of Eagan Forestry Division to set up a pre construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of tree protection fencing. 15. Lots 2 -15 and 17 -19 are subject to a cash parks dedication and a cash trails dedication, payable prior to release of the final plat for recording, at the rate in effect at that time. Motion failed 0 -4. /3 2 REPORT DATE: April 20, 2000 APPLICANT: Tri-land Surveying PROPERTY OWNER: Eileen Kennedy Kenneth M. Erickson Carol Erickson Gail McMahon REQUEST: Preliminary Subdivision and Variance LOCATION: Northwest of Lone Oak and Pilot Knob Roads COMPREHENSIVE PLAN: D -I, Single Family Residential ZONING: R -1, Single Family Residential SUMMARY OF REQUEST PLANNING REPORT CITY OF EAGAN CASE: 04- PS- 09 -04 -99 HEARING DATE: April 25, 2000 PREPARED BY: Pamela Dudziak Tri-Iand Surveying is requesting approval of a Preliminary Subdivision to create 19 single family lots and one outlot on 8.63 acres located west of Pilot Knob Road and north of Lone Oak Road in the SE 1 /4 of Section 4. The proposed subdivision includes a Variance for the proposed cul -de -sac, which exceeds the 500 -foot maximum allowed by the city subdivision ordinance. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage /3, Planning Report Tri-Land Surveying April 25, 2000 Page 2 and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development.. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The proposed subdivision consists of five parcels, two of which contain existing single family homes. Most of the homes surrounding the development site were built in the 1950s and 1960s, with only a few constructed in the 1970s and 1980s. Prior to 1970 when this area initially developed, Eagan was a rural town with a population of less than 10,000. The 1 -3 acre lots in this area are typical of the development pattern at that time. As developable land becomes more /3 9 Planning Report Tri-Land Surveying April 25, 2000 Page 3 scarce and more costly, the City is likely to see more proposals like this one for infill development and redevelopment in these less densely developed areas of the City. EXISTING CONDITIONS The site is moderately to heavily wooded with large variations in topography, and contains two existing single family homes. One of the existing houses is located on the southeast corner (built in 1966) and the other in the south central part of the site (built in 1959). There is an existing pond to the west of the development site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North Single family homes; zoned R -1 (Single Family Residential); guided D -I (Single Family Residential) South Pilot Knob Elementary School/Timberwood Village Townhomes; zoned P (Public)/PD (Planned Development); guided PF (Public Facilities)/D-111 (Mixed Residential) East Single family homes; zoned R -1; guided D -I West Single- family homes and pond; zoned R -1; guided D -I EVALUATION OF REQUEST Compatibility with Surrounding Area The proposed single- family use is consistent with the development of surrounding properties. Airport Noise Considerations The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter in the Metropolitan Development Guide that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject property within Noise Zone 4. Within this area, infill single family residential development would be conditional. To approve such development in this area, the City Council would need to make acceptable findings concerning the following: 1. Specific nature of the proposed use, including the extent of outdoor activities. 2. Relationship of the proposed use to other planning considerations, including adjacent land use activities, consistency with overall comprehensive planning and relation to other metropolitan systems. 3. Frequency of exposure of proposed uses to aircraft overflight. Planning Report Tri-Land Surveying April 25, 2000 Page 4 4. Location of proposed use relative to aircraft flight tracks and aircraft on- ground operating and maintenance areas. 5. Location, site design and construction restrictions to be imposed by the community of the proposed use with respect to reduction of exterior to interior noise transmissions and shielding of outdoor activities. 6. Method community will use to inform future occupant of proposed building of potential noise from aircraft operations. 7. Extent to which community restricts the building from having facilities for outdoor activities associated with the use. 8. Distance of proposed use from existing or proposed runways, parallel taxiways or engine run -up areas. With respect to the factual aspects of the findings, the property lies approximately 2.5 miles southeast of the nearest runway at the airport. On an annual average, approximately half of all arrivals and departures can be expected to use the runways to and from the southeast. Upon completion, approximately one -third of all arrivals and departures are expected to use the north south runway. At current traffic levels, the airport handles approximately 510,000 operations annually. Because of the relationship of the property to the current departure and arrival procedures and the runway centerlines, a significant portion of the departures and arrivals will track over or near the property. The property is approximately three miles from the engine maintenance and run up area. (Issues #3, 4 and 8) While the Stage III airline fleet, federally mandated by the year 2000, will create less noise per operation than the current fleet, the future net effect of such reductions is not certain. As such, regional policy requires that cities take current noise levels into account until such time as reductions in actual noise result in a reduction of the policy contours. As part of its updated Comprehensive Land Use Guide Plan, the City will depict the Metropolitan Council's noise policy contours on its land use and zoning maps. This will serve as notice to future occupants of the potential noise from aircraft operations. (Issue #6) If the City determines that findings concerning these conditions support the approval of this application for in -fill development, architectural designs and construction methods for new construction within the development should incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL (based on the inside boundary of the noise zone). This would require an inside noise level reduction of at least 20 dBA (DNL level minus required dBA level). (Issue #5) /y/ Planning Report Tri-Land Surveying April 25, 2000 Page 5 Density For purposes of calculating density, the outlot was included for future development of one dwelling unit, for a total of 20 units. The proposed development has a gross density of 2.24 units per acre based on total site area, and a net density of 2.69 units per acre based on the site area excluding public right -of -way. Lots The proposed subdivision would create 19 lots, two of which will contain the existing residences (Lot 1 and Lot 16), and one outlot. The proposed outlot is located between Lots 15 and 16, however, with the lot line between them angled to accommodate the existing house and satisfy required setbacks, the configuration of Lot 16 and the outlot is somewhat odd. The R -1 zoning standards require a minimum lot width of 85 feet (at the front setback line), and a minimum lot area of 12,000 square feet. City Code also requires a minimum street frontage of 50 feet. Lots 1 -19 all satisfy these minimum dimensional requirements. Since the outlot also meets these City Code requirements, it could be platted as a lot and a home could be constructed on it in the future. Setbacks The R -1 zoning district requires minimum setbacks as follows: 30 feet from a public right of way, 10 feet from side lot lines (5 feet for the garage), and 15 feet from the rear lot line. All of the lots appear to be able to satisfy these minimum setbacks, including the existing structures on Lots 1 and 16. The developer will need to verify the compliance of the setbacks of existing structures from new lot lines prior to final subdivision approval. Landscaping A landscape plan is not required for single family residential development. Grading The preliminary grading plan is acceptable with modifications. The site is moderately to heavily wooded and generally slopes to the west with large variations in topography. Staff has some concerns about erosion control to prevent an minimize soil loss and impacts to down gradient resources and water quality, particularly on the west end of the proposed cul -de -sac. For this reason, the developer will be subject to stringent temporary and permanent erosion control requirements in accordance with City standards. Storm Drainage The preliminary storm drainage plan is acceptable. Storm water runoff from the development will drain via public storm sewer to Pond HDP -1 (as designated in the City Storm Water Management Plan 1990) Pond HDP -1 currently does not have a pipe outlet. A storm sewer pipe outlet from Pond HDP -1 to Pond HP -11 to the northwest is identified as a trunk storm sewer improvement in the City's current Capital Improvement Program (2000 -2004 CIP). A public improvement project providing for this pipe outlet and acquisition of ponding easement over HDP -1 should be approved by the City Council prior to final subdivision approval for this development. Wetlands/Water Quality This development is located in the City's H- watershed, which is in the northwest corner of Eagan, but is not associated with any high- priority water body. Nevertheless, the City's water quality requirements for treatment of stormwater runoff from the site apply. There is an existing 0.6 -acre wetland (City Pond HDP -1) to the southwest of the development Planning Report Tri-Land Surveying April 25, 2000 Page 6 site. The developer proposes to excavate this wetland to accommodate the stormwater runoff from this development. Under the classification system of the Fish and Wildlife Service, the existing wetland is considered a Type 3/4 wetland, having characteristics of both Type 3 and Type 4 wetlands, depending on seasonal hydrologic conditions. The wetland falls under the jurisdiction of both the Wetland Conservation Act of Minnesota (WCA), administered locally by the City, and Section 404 of the federal Clean Water Act which is administered by the U.S. Army Corps of Engineers. Any proposals to drain or to fill these wetlands need to meet the provisions of these laws, however, the developer has not proposed to drain or fill the wetland. Requirements for volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments (i.e. land covered by buildings, parking lots, driveways, and walks). With an impervious coverage of 17 percent, a minimum additional (excavated) wet pond volume of 0.47 acre -feet covering an area of 0.23 acres would be needed to treat the stormwater generated by this development. The proposed excavation of the wetland to accommodate additional runoff to meet water quality requirements is not by itself regulated by either WCA or Section 404, especially if the excavated material were not placed inside of the wetland boundary. However, the developer can apply to the City for a certification of no -loss determination because no net loss of wetland is proposed. To do so, the developer must submit a wetland delineation report and a detailed plan for the excavation and grading of the wetland. Any work to create stormwater treatment in the wetland also needs to be coordinated with the City's Engineering Division, which is responsible for implementing the Stormwater Management Plan. A minimum 30 -foot wide buffer of natural, undisturbed vegetation outside the boundary of the wetland shall be maintained before, during, and after construction, except for the limited area to necessary to allow access to the wetland for the proposed excavation. The details of that access area and provisions for its restoration will be required with the detailed plans to be submitted for the excavation of the wetland and the certification of no -loss determination. Utilities The preliminary utility plan is acceptable with modifications. Sanitary sewer and water main are available in the northwest corner of the site to serve the development. The existing houses on Lots 1 and 16 should be connected to the City utility system (sanitary sewer and water main) as part of this development. Streets /Access /Circulation Public street access is proposed via Vincent Court, a 1,000 -foot long cul -de -sac to be constructed north and west from Lone Oak Road as part of this development. A Variance is requested for the proposed cul -de -sac, which exceeds the 500 -foot maximum allowed by the city subdivision ordinance. There are several large parcels north of this development that could be combined and further subdivided into residential lots. It is a long- standing City policy to provide neighborhood interconnection of local streets, wherever possible, to help minimize congestion and conflict on collector roadways by allowing multiple vehicle outlet points from a neighborhood. To provide 93 Planning Report Tri-Land Surveying April 25, 2000 Page 7 for future interconnection, the developer should construct a stubbed public street from Vincent Court to the north edge of the development. Easements/Permits /Right -of -Way Dakota County is requiring the dedication of an additional 25 feet of public right -of -way along Lone Oak Road (County Road 26), as shown on the preliminary plat. The developer is proposing to extend the public cul -de -sac for the development over the east 25 feet of Parcel 051 -00 within an existing private road easement. The developer should be responsible for obtaining public street easement over Parcel 051 -00 to allow for the extension of the public cul -de -sac street prior to final subdivision approval. Tree Preservation A tree inventory has been submitted for this application. It indicates that there are 111,317 square feet of significant woodlands currently existing on site. Tree species within this woodland include primarily elm, cottonwood, and oak trees. Many of the trees within the significant woodlands are in the diameter range of 6 inches to 12 inches. However there are scattered larger diameter trees with the majority of these larger trees located in the west area of this development site. As the application is currently proposed, initial site grading and the preparation of twelve house pads will require the removal of 31,430 square feet of significant woodlands (28% of the total significant woodlands). According to the City of Eagan Tree Preservation Ordinance allowable removal for this type of development (single phase, multiple -lot residential) is set at 40 With a proposed removal less than allowable limits there is no tree mitigation required at this initial development phase. However, five lots (Lots 12, 13, 14, 15, and 19) are proposed to be custom graded. Tree Preservation issues for these lots will be considered at the time of building permit application. The allowable removal for each lot at that time will be set at 20% of the significant vegetation on each lot. Parks and Recreation Lots 2 -15 and 17 -19 are subject to a cash parks dedication and a cash trails dedication, payable prior to release of the final plat for recording, at the rate in effect at that time. The dedication amounts based on.the 2000 fee schedule are $1,272.00 per lot for parks, and $168.00 per lot for trails. SUMMARY /CONCLUSION Tri-land Surveying is requesting approval of a Preliminary Subdivision to create 19 single family lots and one outlot on 8.63 acres, with a Variance for the proposed cul -de -sac, which exceeds the 500 -foot maximum allowed by the city subdivision ordinance. The proposed development is consistent with surrounding uses. However, staff has some concerns with regard to grading and erosion control, particularly on the west end of the site where the land is wooded and steep, dropping off to the wetland. Planning Report Tri-Land Surveying April 25, 2000 Page 8 There are several things that must occur prior to final subdivision approval. The developer will need to submit a wetland delineation and plans and supporting documentation for the proposed wetland excavation. Additionally, a public improvement project for the extension of a storm sewer pipe outlet from Pond HDP -1 to Pond HP -11 must be approved. The developer also will need to obtain a public street easement over Parcel 051 -00 for the west half of Vincent Court at Lone Oak Road, and modify the plans to provide a public street connection to the north for connection with future development. Single family development is a conditional use within Airport Noise Policy Zone 4 and in order •to approve the preliminary subdivision, the Advisory Planning Commission and City Council would need to determine acceptable findings relative to the eight items listed in this report regarding airport noise compatibility and make a statement to that effect. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision, with a Variance for a 1,000 -foot cul -de- sac, to create 19 single- family lots and one outlot on 8.63 acres located west of Pilot Knob Road and north of Lone Oak Road in the SE 1/4 of Section 4. If approved, the following conditions apply: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B2, B3, B4, Cl, C2, C3, D1, and El 2. The property shall be platted. Airport Noise Considerations 3. Architectural designs and construction methods for new construction within the development should incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA (use provisional land use performance standards) as compared with a noise level of 65 DNL. Setbacks 4. The developer will need to verify the compliance of the setbacks of existing structures from new lot lines prior to final subdivision approval. Grading 5. Erosion control practices shall be properly installed and effectively maintained (particularly to the west of the proposed cul -de -sac where the topography is steep) throughout the development process to prevent and minimize soil loss and negative impacts to down gradient resources and water quality. yS Planning Report Tri-Land Surveying April 25, 2000 Page 9 Storm Drainage Wetlands/Water Quality Utilities Tree Preservation 6. A public improvement project providing for a pipe outlet from and acquisition of ponding easement over HDP -1 shall be approved by the City Council prior to final subdivision approval for this development. 7. The applicant shall meet the City's water quality requirements by excavating from the nearby wetland (City Pond HDP -1) a minimum additional wet -pond volume of 0.47 acre -feet covering an area of 0.23 acres. The stormwater treatment pond should be constructed according to NURP standards with a maximum depth of six (6) feet, a 10:1 aquatic bench, and an outlet skimmer according to City design standards. 8. A minimum 30 -foot wide buffer of natural, undisturbed vegetation outside the boundary of the wetland shall be maintained before, during, and after construction, allowing an exception only for the necessary excavation for storm drainage purposes and that disturbed area shall then be restored to its natural state. 9. The existing houses on Lots 1 and 16 shall be connected to the City utility system (sanitary sewer and water main) as part of this development. Streets /Access /Circulation 10. The developer shall construct a stubbed public street from Vincent Court to the north edge of the development to provide for interconnection of future local streets to the north. 11. The developer shall be responsible for obtaining public street easement over Parcel 051 -00 to allow for the extension of the public cul -de -sac street prior to final subdivision approval for this development. 12. Individual Lot Tree Preservation Plans will be required for Lots 12, 13, 14, 15, and 19 at the time of building permit application. Allowable removal for each lot is 20% of the significant vegetation on the lot. 13. Tree protection measures (i.e. orange colored silt fence or four foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved. This tree protection fence shall be installed prior to any grading or tree removal. /6 Planning Report Tri-Land Surveying April 25, 2000 Page 10 14. The applicant shall contact the City of Eagan Forestry Division to set up a pre construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of tree protection fencing. Parks and Recreation 15. Lots 2 -15 and 17 -19 are subject to a cash parks dedication and a cash trails dedication, payable prior to release of the final plat for recording, at the rate in effect at that time, iy� A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights- of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right -of -way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications STANDARD CONDITIONS OF PLAT APPROVAL 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead -end public streets shall have a cul-de -sac constructed in accordance with City engineering standards. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. tf any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication H. Other 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 LTSN5 STANOARO.CON Revised: February 2, 1993 FINANCIAL OBLIGATION Kennerick Addition There are pay -off balances of special assessments totaling on the parcels proposed for platting. The pay -off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcels proposed for platting. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. IMPROVEMENT USE RATE QUANTITY AMOUNT Sanitary sewer trunk S.F. $900 /lot 17 lots $15,300 Water trunk S.F. $940 /lot 17 lots $15,980 Storm sewer trunk S.F. .086 /sq ft 326,700 Sq. Ft. (1)$28,096 TOTAL $59,376 (1) Credit not given for Ponding Areas. Credit will be given when the ponding areas are known. City of Eagan Planning Department Municipal Center 3830 Pilot Knob Road Eagan, MN 55122 To Whom It May Concern, I would like to inform you that a potential development in the northwest section of Eagan, to be called "Hidden Oaks Addition being proposed by Brad Swenson of TriLand Companies, encompasses land on which an active red tailed hawk nest sits. I have learned from the U. S. Fish and Wildlife Service at Fort Snelling that red tailed hawks are a federally protected species of birds through the Migratory Birds Treaty Act, an International Treaty between North, South, and Central American countries. It violates federal law to destroy an active nest. Although the red tailed hawk is a migratory species, this particular family has maintained it's nest year round through the past several mild winters. I am able to see the hawks sitting in their nest throughout the winter from my windows. Although leaf coverage prevents me from seeing the hawks in their nest during the summer months, it is a unique experience to be able to watch and listen to the parent birds train their young to hunt each spring. There have been as many as eight of these huge birds sitting in the tree right outside my living room windows during the summer. It is an incredible sight. I do not know specifically where the tree with the red tailed hawk's nest sits in relation to the proposed development, but I fear that the tree may fall within the area of the proposed cul -de -sac in the planned development. I believe that the tree should be singled out within the survey so that it is protected. I have lived in Eagan for 13 years, having last lived in Stacy, Minnesota. Even though I lived on several acres at that time, I did not get to enjoy as much wild .life as I have living here in Eagan, most likely because of my close proximity to the Mississippi and Minnesota River Valleys. I believe it would be a great loss for Eagan to lose its red -tailed hawks. Sincerely, Gail McMahon 1429 Lone Oak Road 651 -454 -5604 cc: U.S. Fish and Wildlife Services, Migratory Birds Div., Fort Snelling DNR, State of Minnesota Brad Swenson, Tnland Companies John Roach, Attorney at Law /s/ May 19 1999 Location Map Eagan Boundary Street Centerline Parcel Area ME 'Building Footprint ter r mI fr ®iQ,i� o ily OW" a NNE fo D 4y CEMIXII r: iigi0 I gand1'`�� b r.22 4*I 5.1 t 13111 4040 11 P e LI 1.a[2 LJI U ;GGGGiiGG© OGGG mad j 111 re A Wit *4 IEE K3 0 1000 1 1 2000 Feet Development/Developer: Kinnerick Addition Application: Preliminary Subdiv' Case No.: 04-PS -09 -04-99 /5 City of Eagan C.mm•any Development Department Mop RIprsd G�kpp EFS1 1. PROM boss trap drh pwidsd by Dicta Casty Land St vsy Dsprtnwt and is affront as of Amory Z00. THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and an not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Kennerick Addition Case No. 04 -OS -09 -0499 Current Zoning: R -1 Single Family Residential Zoning Map ..1 110. Feel 1R s:el, a is I■J NW ■■.I�.._ i tl �10'51®1k; Num OUranu saas�i: /I■■e I e Egli i i e...a k Location 111111111111111113111111111 111•11 i ..1 11 III`�� 1,10' s o„ I t ��//1\1 e ow ULM MIN sem M trio s l Is pl■ me 111 i Fir 10 row IQ bib. I.1 L LIJ-LLLL.1 41 EE ■1 111111 111111 Comprehensive Guide Plan Land Use Map Current Land Use Designation: D -1 Single Family Residenial CPO r u.uriii. aw la NI Ilk 4 1■l�■1 M: a c� s Location all f o u grit C �111� r 4 ili Ii�� war Z T. ii mug du ii was No L.4*., a n 11 c cans aaa ■a■aa■ •Hii oul I� E i imam CA sme ow MEI Ism UMW OMNI 841 NAT N. 1200 0.01 City of Eagan Community Development Department ZI Parcel base neap I.lenw.uen provided by Dakota County Land Surrey Department 1103/00. Zenin, Information pr..l4nd by Lawman. Sump 1010 and nN.t.d by City attlt. THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this Information. W+ E 4 °0 0 —0 Ot] I S 0 N N� C O .A- tv L/) Pi c v) 0 rr. r 0 C f o 0' $4 N ►V CO-P. W to 0 OD cD c. 05 1! 4 0 O A A r I 4110 1 /w1 T 0 0 I t s O j r T Ps Ttlal I I r it r l a. a •tw 0 0 N1 1J1 0 COUNTY RD. #3 PLOT KNOB ROAD) g v NOW ern 1101 M AM1P•••• WO •i J 111 W1 V 11111.11 Iwae1. KENNERICK ADDITION PRELIMINARY PLAT la01l•M1 PlaP1.1. 1N1M. TRILAND SURVEYING COMPANY. INC. h 101 MOM. CAA ML70TA M112 IRS-Oa-MO 3, /Sy r 0 --4 o C0 o 7 .cri.„ 4 c,, r N) (0- 4 „(A sn CO t.0 0 00 ••••.1 cn co v) 0 maw cow. 07, .1..11. VOWC WW1 DAS MOWED ID CP WOO MR IMMO MD DAY WV) IMO 90WM 0M1P ne LAW, 7 WI FOE •NW* WA ad M..* (\p, r 1 r A 00 KENNERICK ADDITION PRELIMINARY PLAT EXISTING CONDITIONS 4.1 /SS COUNTY RD. #3LOT KNOB ROAD) g 1111.0DDIM TRILAND SURVEYING COMPANY, INC IV 00i VIM LAGA4 11111111301A 00100 1117-1100-71100 tet 00 w CA CA 4.•4N- z 0 .00 ,�Y o n o nii nn `n ,sc cn cn c cn D 0• 0 -n CD T1 r p 0 C 0 cn rt u? 0 0 O r tD w to 000 c0 to cn N tn s COUNTY RD. #31(P!LOT KNOB ROAD) g yap ow Mgr OPT, 11•0 Mil ft" IPOWC•RIN IN •11. ire r it SWIM w 0~1.. v0 Low O M PAM s Mom. soar. KENNERICK ADDITION PRELIMINARY PLAT SITE LAYOUT 1111111111111111118 sfRfA wrs6N TRILAND SURVEYING COMPANY, INC. h 665 u5gt c*o rR50ta 56112 /S,6 KENNERICK ADDITION PRELIMINARY PLAT GRADING PLAN N Mt WOtt, Wit ut- Aat -reo TRILAND SURVEYING COMPANY, INC. o 0 0 g 0 1 a LOAM M. 0 op COUNTY RD. #31(PILOT KNOB ROAD) g N 0 w 00W' ,w, +1R 41.0.140260 00 -.4 owSimes .4 0 N O M 1000 400,0 10060416 i ki w v +111041140 KENNERICK ADDITION PRELIMINARY PLAT UTILITY PLAN 11101411100 14•4010 INS TRILAND SURVEYING COMPANY, INC. M NI 1207I. t4OI. 1PRNT11 MI9 411 —4144160 MAR I N 4 n 0 moo z.-5 6 a D (1) Z V t0 wC —a o O wcn On w r Cn D N 0 cD 2oa c< R• f V pr N c N Co O M CD d CT1 yet Wry 'tat M /yet, f.7CrA IS IR. w MONO It M a Na IMMO SPIV WO Yn�MOUa 1Ie a nn( SUM O MOCK. mr KENNERICK ADDITION PRELIMINARY PLAT TREE PRESERVATION PLAN aernme 01.•111•11 TRILAND SURVEYING COMPANY, INC R III aoU. LW" rlSIOT• Cta Its -w -INO YE K Y /S q r<- LA ..0 -..teat ain WPM= rv.I. Win .a w �NI '1.01YdNO3 ONI13AMf1S O01I111 ssss.•i• ss■■ss INIMINSIM (CYCt; EONY .101id) C 'OtJ J 1N'10� 1 s s 1Vld ANVNI1111311d 11011100Y )131113NN3)1 1 wIll A111) 1.• 1111. 11110601111 r osws w .1 r.WW O. WNW i +rams WW1, w nr ■Jula alo. 50 car b■ 11 U 5 -2 -2000 Dear Council Members, I am writing you about the proposed Kennerick Addition located off of Lone Oak road. I am one of seven homeowners who are located on the pond. I attended the council meeting on April 25th. As I stated at the meeting I believe the current proposed development has problems that need to be addressed. I would also like to suggest some possible solutions. Problems 1) Density- The proposed number of lots does not fit with the existing natural environment. Under the developer's current plan, wooded lots will be lost to clear cutting and the natural beauty will be replaced by non distinct suburban lots. 2) Cul -de -sac- With a cul -de -sac it would seem to be a fire hazard with only one escape. 3) Without proper planning our pond would be lost or changed from its natural state. 4) Any alterations or said "improvements" should be the financial responsibility of the developer. Possible Solutions 1) Cut the proposed number of housing sites from 19 to 10, you will have a more distinctive development more fitting with the current housing and its natural environment. 2) Use the pond for all drainage, from Lone Oak and new development with fewer houses. a. I have noticed that currently the pond is fed from the north by a spring or runoff b. The pond should easily accommodate additional water from streets of new development. My hope is that all concerned would take into consideration how unique these lands are before development. Thank you for your time concerning this matter. Sincerely, Chris Marshall Chris Brenda Marshall 1449 Lone Oak Rd. Eagan, MN 55121 651- 456 -0373 /6/ Todd Chase and Mitsy Lutz 1459 Lone Oak Road Eagan, MN 55121 Mayor Pat Awada 3830 Pilot Knob Road Eagan, MN 55121 May 26, 2000 Dear Mayor Awada, We are writing to you to voice our concern about the proposed Kennerick Addition near the intersection of Lone Oak Road and Pilot Knob Road. We live in the neighborhood being affected, specifically along the pond. The plans for this development calls for 19 houses to be situated on approximately 8% acres, with each lot just meeting or barely exceeding the Eagan minimum lot size requirement of 12,000 square feet. Yes, this meets the requirement, but it violates the ambiance of the existing neighborhood. Our neighborhood consists of lots of approximately 1 acre each. We share the neighborhood with many of our wild friends deer, geese, ducks, foxes, egrets, owls just to name a few. Many of these creatures will be displaced because of this development. The wooded view from many of the current homes is also at jeopardy. A development of any size can only negatively impact a natural area. We are asking for consideration to allow the development, but for it to be in harmony both with the natural surroundings, and with the existing neighborhood. Additionally, we have a pond that would be at risk by the Kennerick Addition. Discussions have indicated the pond may need to be enlarged to accommodate the increased run -off from the development. Ponds are a delicate ecosystem and a careful balance must be maintained. The very process of trying to enlarge the pond may result in the opposite. If the pond "bottom" is damaged, the water may drain away. There is concern for the other extreme of the pond flooding of existing homes located around the pond from the increased run -off. To address this, there is discussion about installing a drainpipe. If a drainpipe is deemed necessary, the cost should be borne by the developer, since he is the one receiving the financial gain from the development. An alternative is for the cost of the assessment be spread across the new homeowners in the development. Currently, the existing homeowners do not have a problem with excessive water in the pond. At the least, the current area homeowners should not have to bear the cost of an assessment which is not needed per status quo. If the change is creating the need for the drainpipe, the one inducing the change should fund the cost. By turning this neighborhood into a development, you are approving the destruction of a way of life, not only for the human residents, but also for the wildlife that we must respect. We have a unique quality of life in our neighborhood. We are close to the hustle and bustle of city life, yet /6� we have the feel of being in the country. People seek this out. There is a need and a demand for neighborhoods like this in Eagan. The argument of trying to control urban sprawl by increasing the density of a neighborhood does not make sense. The more dense you allow this neighborhood to be, the more you drive current citizens away. By compressing 19 homes into this neighborhood, this development would reinforce urban sprawl, rather than counteract it. Why not let the neighborhood maintain the "look and feel" it has with 1 -acre Tots? Because of tax revenue, right? The more houses, the more tax dollars for Eagan. Why not leave as part of your legacy to Eagan a neighborhood which is different from every other development? This would be a neighborhood sought out for it's unique country feel. We ask you to make your decision with your environmental conscience and to respect the current residents. We ask you not to base your decision on the tax revenue several more houses will provide. The impact of this decision is forever. Best regards, Todd Chase and Mitsy Lutz 651 -454 -5413 /(z3 We, the neighbors of Eagan, request the Eagan City Council to waive the proposed assessment for the water outlet pipe installation, which is associated with the Kennerick Addition development project. An assessment is based on the perceived benefit to a neighborhood and the current homeowners agree that this project does not provide a benefit. Alternatives to assessing the current neighbors include: (1) Impose an impact fee upon the developer. An impact fee is a one -time charge a developer must pay to finance public goods /services associated with a private project. Examples include extending city water and sewer, drainage systems and building roads. Name 1 (2) Apply Tax Incremental Financing (TIF). This tax allows the city to finance certain projects by capturing increased property tax levies that the new development generates. (3) Utilize revenues derived from water /sewer service charges or other non -tax revenues, such as user fees, license fees and permits. By signing this document, we hereby ask the Eagan City Council to implement one of the three options listed above in lieu of imposing an assessment on the existing homeowners. v V IG11A A' L L' (IL- 1 ,2 e -1 /4iJ91/2 Lull? ()Col LC11 ?2 5`411 6 )4. ;0 (itti.e: Zt 7 16, S'to- 8 cu c ti ZJ 9 10. �7 rx 0 Address �11�I(.1 Lnz J 35 L c /97 a L.•.' c. ^.t /j( r'c' 1)a .ft Rek /4' c L 67/ t 9 O-` 4 /l,1 11 13 AYA-c 4/144 l C.ti. V 50 .4L, 50.4L, I rie 0,,e 14 h✓1 4.to 15 16 y y7 Low m4.l�{ 14, To: Mayor Pat Awada From: Anne Doblar 1441 Lone Oak Road Eagan, MN 55121 .651- 454 -5038 Re: Kennerick Development Dear Mayor Awada: /6s May 6, 2000 I want to bring to your attention an issue which will be coming before you on the May 16th City Council Meeting agenda. This point of order is for a new housing development called the Kennerick Addition. Initially, I want to make you aware of the fact that the Eagan Planning and Zoning Commission has already voted against this project. I presently live in the Zehender Acres Addition in the house which my parents built in 1966. This proposed property development is to the immediate east of my property (see attached maps). Because this property does not have an existing sewer and water system, there seems to be some question as to where and how the drainage of this addition should be handled. Directly behind my house and as part of my property is a privately owned pond. This pond is at a grade level which is much lower than the Kennerick Addition and is a protected wet land which is owned by each property owner adjacent to it (see attached map). The developer of the Kennerick Addition, Bradley Swenson, has tentatively acquired the property opposite the pond which gives him a small portion of ownership in the pond (see attached map). With this small portion, Swenson plans on land falling all the trees on the hill adjacent to the pond area so that he can bring in heavy equipment to dredge out his portion of the pond to make it a holding reservoir for all the drainage water to be routed into from the Kennerick Addition. Of course, he is going to have the city assess each of the property owners in the Zehnder Acres Addition a pond "improvement" tax so that he doesn't have to pay for it himself. I want to make you aware of how strongly opposed myself and my neighbors are to this project infringing upon our property and privacy. First off, the Kennerick Addition is a SEPARATE addition from the Zehnder Acres Addition. When our houses were built there were no taxes assessed onto the property holders in the Kennerick Addition therefore why should we now have to absorb the cost of the Kennerick Addition being built? Furthermore, since this is a privately owned pond I find it presumptuous of Mr. Swenson to assume that the property owners of this pond would willingly allow him access to our property so that he could use it as a drainage system for his Addition thus creating many more problems for our own Addition. This is my back yard. Think how you would feel if someone decided to dig a hole in your back yard and fill it with dirty water from somewhere else. This pond also sits on a sand basin. Any disruption of this basin could cause the pond to permanently dry up. Not to mention the fact that, being a protected wet land, it is illegal to change or alter it. All of these considerations Mr. Swenson obviously does not care about. I also want to draw your attention to the Kennerick Addition itself. This addition would sit on a densely wooded area of land. All these trees would need to be cleared for this addition to be built. I believe that Eagan has a policy with its contractors as to the ratio of how many trees are removed to how many trees will be replaced. I see nothing to indicate that Mr. Swenson plans on replacing any of these hundred year old trees. Furthermore, the density of this housing project is far greater than any area around it. He has used the minimum lot size allowable to fit as many homes as possible into this addition. It is quite clear to me that Mr. Swenson has one thing in mind and that is to make money. He obviously does not care about the community or its long time residents which is shown in his obvious disregard for the members of the Zehnder Acres Addition by his plans to destroy our pond as well as his desire to jam as many houses as possible into the Kennerick Addition. I could go on with many, many more problems and objections that I have to this housing project but I am sure you will be able to review the minutes from the Planning and Zoning Commission meeting as well as hear the input from the other concerned neighbors in my community. Please help my neighborhood by concurring with the Planning and Zoning Commission and voting down this housing project. Mr. Swenson needs to solve the problems of the Kennerick Addition WITHIN that addition and not by destroying another neighborhood in the process. Make him be held accountable to the high standards of quality of life that Eagan stands for and listen to the voice of the residents of Eagan. Thank you for your consideration on this matter. Sincerly, 3 Anne Doblar /‘46 Dakota County Real Estate Inquiry Data updated 4/13/00. Select option and click map: identify I Whole County f Refresh Map PIN: 10 -88800 -091 -00 Address: 1441 LONE OAK RD City: EAGAN, MN 55121 n 0 Help Legend Re al. Elate Parcels Parcels Common.Ornerd' 111W eer RJW. Easement O De•dieated Rite Standard n Choose a search method, enter criteria and dick Go ar hit enter key. House Go Address: G o PIN: j Go 2000 Est. Value (Payable 2001): $144,100 Payable 2000 Tax: $1,508.22 f3etaiUs" Total Acreage: 0.97 Year Built: 1966 This application was developed by the GIS unk at the Dakota County Survey and taxi Information Department in cooperation with Assessing Services and Treasurer -Auditor Departments 1 of I 5/4/00 3:45 Pk 6 `ivA.aL1 JI 1 1vI L f Or EINICIMICO p IRO L o�� �Cl100 aim ,1101 d Li OM M ruw aw ub eet Site r gAzuzrxiird _tan Ifr f I v ZI jj 1 11PiiiiQ alai Atglie:PI MOM di isSal" 4; 5.1-1 ja i UM 4 i r 51011 I 1111 tin CM 1111 re ,ligdet�� E Q� e6 rpm �a� I t Li Lin MCI klIZI ccc�cci Oa a 1 r °a �n On Ph s o v sift prVi 1 cras 4 r g i7 7 VI P L IL IL E1 rd LIU le' C., Development/Developer. Kinnerick Addition Application: Preliminary Subdivision Case No.: 04-PS -09 -04-99 City of Eagan Mop fuel Long ets heVlwr Pori* !a mop m hooded to trweo Garry Lard &Ivey os wront eV is arms as d nary ]]04 4a THIS MAP IS INTENDED FOR REFERENCE USE ONLY Tim City of Elise owl Dakota County d• net EYararll•a tA• aeearsey of this laf.rrtrattao sod ere net nspa.sl►Is for •nars or arMssIons. tf Patter Area Building Footprint ZOO Fest .�w wuw■•at9 TLOCIONII 'MIX ZOO 3111 'AO dNO3 ONIA]Aans aNYUa1 SY.w ..Mona 1Vld YNIMl113ad 011100Y )4318311113)1 ,s_ l I Mm Ms Ian owe r 1•1•1• S We .m (Jt'Oe BGNA ioitc)tc �6y i y C) w U 2 1 of 1 Data updated 4/13/00. PIN: 10- 88800-090 -00 Address: City; 26 Select option and dick map: Identify 1' I Whole County I Refresh Map Help Legend Re a. Estate Parcels Parcels Connon.0ernrshp Water RAw. Emmert De do aged RAW Standard I' i Choose a search method, enter criteria, and dick Go or h8 enter key. House Go Address: 1 Go PIN: 1 Go 2000 Est. Value (Payable 2001): $27,500 Payable 2000 Tax: $396.36 Total Acreaoe: 1.43 Year Built: 0 This appiicaian was developed by the GIS unit of the Dakota County Survey and Lard Infomtabcn Department in coaperion with Assessing Services and Treasurer Auditor Departments 5i4 DU 3:48 PN Todd Chase and Mitsy Lutz 1459% Lone Oak Road Eagan, MN 55121 Mayor Pat Awada 3830 Pilot Knob Road Eagan, MN 55121 May 26, 2000 Dear Mayor Awada, We are writing to you to voice our concern about the proposed Kennerick Addition near the intersection of Lone Oak Road and Pilot Knob Road. We live in the neighborhood being affected, specifically along the pond. The plans for this development calls for 19 houses to be situated on approximately 8',4 acres, with each lot just meeting or barely exceeding the Eagan minimum lot size requirement of 12,000 square feet. Yes, this meets the requirement, but it violates the ambiance of the existing neighborhood. Our neighborhood consists of Tots of approximately 1 acre each. We share the neighborhood with many of our wild friends deer, geese, ducks, foxes, egrets, owls just to name a few. Many of these creatures will be displaced because of this development. The wooded view from many of the current homes is also at jeopardy. A development of any size can only negatively impact a natural area. We are asking for consideration to allow the development, but for it to be in harmony both with the natural surroundings, and with the existing neighborhood. Additionally, we have a pond that would be at risk by the Kennerick Addition. Discussions have indicated the pond may need to be enlarged to accommodate the increased run -off from the development. Ponds are a delicate ecosystem and a careful balance must be maintained. The very process of trying to enlarge the pond may result in the opposite. If the pond "bottom" is damaged, the water may drain away. There is concern for the other extreme of the pond flooding of existing homes located around the pond from the increased run -off. To address this, there is discussion about installing a drainpipe. If a drainpipe is deemed necessary, the cost should be borne by the developer, since he is the one receiving the financial gain from the development. An alternative is for the cost of the assessment be spread across the new homeowners in the development. Currently, the existing homeowners do not have a problem with excessive water in the pond. At the least, the current area homeowners should not have to bear the cost of an assessment which is not needed per status quo. If the change is creating the need for the drainpipe, the one inducing the change should fund the cost. By turning this neighborhood into a development, you are approving the destruction of a way of life, not only for the h.uman residents, but also for the wildlife that we must respect. We have a unique quality of life in our neighborhood. We are close to the hustle and bustle of city life, yet /9/ we have the feel of being in the country. People seek this out. There is a need and a demand for neighborhoods like this in Eagan. The argument of trying to control urban sprawl by increasing the density of a neighborhood does not make sense. The more dense you allow this neighborhood to be, the more you drive current citizens away. By compressing 19 homes into this neighborhood, this development would reinforce urban sprawl, rather than counteract it. Why not let the neighborhood maintain the look and feel" it has with 1 -acre Tots? Because of tax revenue, right? The more houses, the more tax dollars for Eagan. Why not leave as part of your legacy to Eagan a neighborhood which is different from every other development? This would be a neighborhood sought out for it's unique country feel. We ask you to make your decision with your environmental conscience and to respect the current residents. We ask you not to base your decision on the tax revenue several more houses will provide. The impact of this decision is forever. Best regards, G9 \Y\' Todd Chase and Mitsy Lutz 651- 454 -5413 s-t+izc /7� TO: COMMUNITY DEVELOPMENT DEPARTMENT City Of Eagan FROM: Dale and Suzanne Naatjes 1455 Lone Oak Lane Eagan, Minn. 55121 (651) 452 -2087 SUBJECT: Kennerick Addition Preliminary Subdivision. City Case No. 04 -PS -09 -04-99 DATE: June 9, 2000 Dear Members of the Development Department: We are submitting this letter to voice our opposition to the proposed Kennerick Addition comprising Lot 4, and parts of Lots 5, 6, 7, and 8 of Zender Acres which is planned for our neighborhood. The proposal for this development was heard by the Eagan Planning Commission on April 25, 2000. At that time many residents of the neighborhood, including us, expressed various concerns regarding the proposed development. In consideration of this development, it should be noted that it impacts a unique area within the City of Eagan. The area proposed for development has a wetland area including a pond as a boundary. Of special concern to us is that this wetland and pond is legally a part of our property which is a part of Zender acres. The proposed development would, in its present form, entail modifications to the wetland and pond, which are potentially detrimental to us in terms of both actual and aesthetic property values. Additionally it advances the prospect of encumbering us with an assessment for a "public improvement" in the form of a pond outlet pipe necessitated by the increased storm water runoff resulting from the development. The area proposed for development, and the adjacent wetland, is special and unique in that it comprises a wildlife habitat and large area of trees presently absent of housing. The pond is Located to the rear of our residence. Our view across the pond is currently unspoiled by the presence of any buildings. The attached photograph depicts the natural beauty of the area, which the development would disrupt. Toward the left side of this scene, the area of the cul -de -sac indicated in the proposal, deer frequently emerge for their walk down to the pond. Ducks of several varieties and a pair of geese make the pond their home as does a muskrat family. Eagles and Hawks habituate the area, roosting confidently in the trees above the pond, now remote from any housing. We believe that this undeveloped area is an asset not only to our neighbors and us but to the City and County as well and should not be fundamentally changed, as would be the case if the development were to proceed as proposed. The developer has indicated his intention to make changes to the wetland area to accommodate additional runoff. His statements in this regard have been contradictory. At an introductory neighborhood meeting he indicated his intention to develop, as a residential property, a part of Lot 8 of Zender Acres, which is not defined as part of the proposed development. This property is located immediately across the pond from our house and those of the other residents of Lone Oak Lane. Development of this lot, in addition to the proposed development would leave little intact of what is now the natural area above the Southeast side of the pond. When pressed by the planning commission to provide details of his plans for the pond, the developer indicated that this property would be used to accommodate a "holding pond" for storm water runoff from Lone Oak Road. Although use of this property as a holding pond only would probably be beneficial we regard the presence of a residence at this location with the same distaste as the actual development under consideration, since it would spoil what is now a lovely natural view. It should be noted that this property, and the area proposed for the location of the cul-de -sac homes of the development, are adjacent to very steep gradients rising from the pond. In conjunction with removal of trees to provide for development, erosion of soil into the pond to the point of its destruction would appear to be a distinct possibility. Apart from our intense concerns regarding the wetland and pond, we also feel that the density of the proposed development is inappropriate for its designated location that is surrounded by properties with significantly larger sized lots. The specious rationale provided by the developer for the proposed development style is that "no one can afford more expensive homes" Many troubling questions related to this development remain unanswered either by the developer, or by the City planners and Engineers: 23 I. Who would bear the cost of a pond overflow pipe? Should the neighboring residents be asked to pay for a "Public Improvement" necessitated by a development that diminishes the actual and aesthetic value of their properties? 2. What is the actual "wetland delineation" associated with our pond? Will it be determined before any final approval decision by the city council? Will the City conduct a study to determine whether the delineation submitted by the developer is valid? 3. What is the actual City storm water drainage plan for the impacted area? The developer claims to know however the City engineering office has neither confirmed nor refuted his definition. 4. What is the developer's actual intention for development of the part of lot 8 of Zender Acres (which is not a parcel defined within the proposal) that he now says would be converted to a holding pond? Can use of this parcel as a holding pond (potentially beneficial as an improvement over the present implementation for runoff from Lone Oak Road which results in the depositing of eroded soil into the pond) to the exclusion of development as a residence, be made a condition for approval of the overall development? 5. Will engineering studies be provided to indicate that erosion of the steep slopes above the pond will not occur in the absence of retaining structures which those of us who now view only trees across our pond would find extremely objectionable? 6. What responsibility would the developer have for the disappearance or relocation of the pond as a consequence of his activities to "expand the wetland He indicated in discussion with Lone Oak Lane residents that disruption of the pond could result in disappearance of the pond water into the soil. We suggest that installation of a pond (clay) liner cost to be borne by the developer be made a condition of approval of the development and that the developer assumes liability for destruction of or relocation of the pond. We would view approval of this ill- conceived development with profound regret. We and the other residents of the adjacent area would lose an important part of what we valued in our properties when we purchased them as well as tangible financial loss in resale. The City would lose the chance to preserve in tact a unique natural area, which is an asset to Eagan as well as the neighboring residents. pLq 0 ..t, it S4-y-4---c 25/ /9s Agenda Information Memo June 20, 2000 Eagan City Council Meeting D. CITY CODE AMENDMENT (ZONING DEFINITIONS) CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an Amendment to Chapter 11 (Zoning Regulations) of the City Code establishing updated zoning definitions and direct the City Attorney to prepare an amendment suitable for publication. FACTS: This effort was initiated as a work item by the City Council and reflects changes recommended by the APC. An update of the existing zoning definitions is necessary because a number of the terms used within Chapter 11 are undefined and, as an operation of time, have become antiquated. By amending the definition section, other areas of the Code where these terms have an impact will need to be crossed referenced and be amended accordingly. After review at several workshop meetings and finally at their regular meeting on May 23, 2000, the Advisory Planning Commission held a public hearing to consider the Amendment and recommended approval. ATTACHMENTS (2) Minutes of the May 23, 2000 APC meeting, page 7 7 Draft City Code Amendment, pages /9Y through a bs. �6 Advisory Planning Commission May 23, 2000 Page 16 All voted in favor. ORDINANCE AMENDMENT CITY OF EAGAN DRAFT Chair Heyl opened the next public hearing of the evening regarding an Ordinance Amendment amending Chapter 11 entitled "Land Use Regulations (Zoning)" to establish updated and expanded zoning definitions. Senior Planner Mike Ridley discussed the proposed zoning definitions revision. He stated that in response to a work program item directed by the City Council, the Planning Division had worked for several months on a comprehensive update of the Zoning Definition section of Chapter 11. The APC reviewed and provided comment on the definitions at several workshop meetings last year. He further stated that the update is necessary because a number of the terms used within Chapter 11 are undefined and, simply as an operation of time, many terms have become antiquated. He stated that by amending the definition section, other areas of the Code where these terms have an impact will need to be crossed referenced and be amended accordingly. There was no public comment. Chair Heyl closed the public hearing. The Commission agreed with the proposed revisions. Member Huusko moved, Member Kaess seconded a motion to approve an Ordinance Amendment amending Chapter 11 Entitled "Land Use Regulations (Zoning)" to establish updated and expanded zoning definitions. ZONING CODE AMENDMENT SECTION 11.03 DEFINITIONS DRAFT 05/17/00 Abutting means making contact with or separated only by public thoroughfare, railroad or public right -of -way. Accessory Building or Structure (see Building, Accessory) Accessory use or a means a subordinate use that is located upon the same lot on which the primary use is situated and which is reasonably necessary and incidental to the conduct of the primary or main use. Addition means an extension or increase in floor area or height of a building or structure. Agricultural use means the production for sale of agricultural products as defined in Minnesota Statute 273.13, Subd. 23, paragraph e, as may be amended. Animal hospital or clinic means a place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short -term care incidental to the hospital use. Amusement device; mechanical amusement device means, as used herein, a machine which, upon the insertion of a coin, token or slug, operates or may be operated for use as a game, contest or amusement of any description or which may be used for any such game, contest or amusement and which contains no automatic payoff device for the return of money coins, checks, tokens or merchandise or which provides for no such payoff by any other means or manner. Antenna means a device used for transmitting or receiving electromagnetic waves, including but not limited to: Television or video, AM/FM radio, analog or digital, microwave, cellular or personal communications service (PCS), telephone or data, or similar signals. Apartment (see Dwelling, Apartment) Applicant means any person or entity who is required to submit and implement an approved tree preservation plan under this section. (per Section 11.10, Subd. 15 Tree Preservation Ordinance) Architectural concrete means a building construction material consisting of concrete that has a surface design, pattern, and texture that enhances the architectural design of the building and is available in a variety of colors. 1 78' DRAFT 05/17/00 Automobile reduction yard means a lot or yard where one or more unlicensed motor vehicles or the remains thereof are kept for the purpose of dismantling, wrecking, crushing, sale of parts, sale of scrap, storage or abandonment. Basement means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four (4) sides, regardless of the depth of excavation below ground level. Bluff means a topographic feature, such as a hill, cliff, or embankment, having all of the following characteristics. An area with an average slope of less than eighteen (18) percent over a horizontal distance for fifty (50) (560) feet or more shall not be considered part of the bluff. A. Part or all of the feature is located in a shoreland area; B. The slope rises at least twenty five (25) feet above the ordinary high water level of the water body; C. The grade of the slope from the toe of the bluff to a point twenty five (25) feet or more above the ordinary high water level averages thirty (30) percent or greater; and D. The slope must drain toward the water body (per Section 11.21 Shoreland Ordinance) Bluff impact zone means a bluff and the land located within twenty (20) feet from the top of a bluff. (per Section 11.21 Shoreland Ordinance) Preservation Ordinance) per Section 11.10, Subd. 15.1 Tree Building means any structure used or intended for supporting or sheltering any use or occupancy. Building, Accessory means an accessory structure detached from the principal structure, having a roof and walls to provide weather protection. This includes detached garages, storage sheds, gazebos and similar structures. A carport attached to an accessory building is considered part of that accessory building. Building coverage means the area of a lot covered by building(s). Building or structure height means the vertical distance above "grade," ao herein def ned, edree measured from the average elevation of the highest and lowest points within a five (5) foot horizontal distance from the exterior building foundation to the highest point of the coping of a flat roof, the deck line of a mansard roof, or the average height of the highest gable of a pitched or hipped roof. (This change may necessitate a change to district height requirements) 2 7? Building line means a line parallel to a lot line or the ordinary high water level at the minimum required setback beyond which a structure may not extend. (per Section 11.21 Shoreland Ordinance, propose to eliminate this term and use "setback line" instead) Building or Structure, Principal means the primary building or structure upon a lot. Caliper inch means the diameter of replacement trees measured at a height of one (1) foot above the ground level. (per Section 11.10, Subd. 15.1 Tree Preservation Ordinance) Carport means an automobile shelter having one (1) or more sides. DRAFT 05/17/00 Carwash means any building or portions thereof used for the cleaning or washing of automobiles. Cast in place panel means a building wall section of concrete poured into place in a form at the building construction site. Church means a building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which buildings and uses are maintained and controlled by a religious body organized to sustain regular public worship. Clearcutting means the removal of an entire stand of trees. (per Section 11.21 Shoreland Ordinance) Commercial planned development means a planned development of various commercial uses. (per Section 11.21 Shoreland Ordinance) Commercial use means the principal use of land or buildings for the sale, lease, rental or trade of products, goods, and services. (per Section 11.21 Shoreland Ordinance) Comprehensive guide plan means the City GComprehensive gGuide pPlan as duly adopted and as amended from time to time by the Eagan eCity eCouncil. Conditional use permit means a permit specially and individually granted by the eCouncil after review thereon by the Advisory pPlanning eCommission for any conditional use so permitted in any use district. Convention/banquet facility means a building or portion thereof designed to accommodate large gatherings for professional, business, or personal events. Convention/banquet facilities may include accommodations for eating and recreation. 3 ‚go DRAFT 05/17/00 Construction area means any area in which movement of earth, alteration in topography, soil compaction, disruption of vegetation, change in soil chemistry, or any other change in the natural character of the land occurs as a result of the site preparation, grading, building construction or any other construction activity. (per Section 11.10, Subd. 15.1 Tree Preservation Ordinance) Critical root zone (CRZ) means an area within a radius imagineFfreirele surrounding the tree trunk of one (1) foot per one (1) caliper inch of tree diameter, e.g., a 20 -inch diameter tree has a CRZ with a radius of twenty (20) feet. (per Section 11.10, Subd. 15.1 Tree Preservation Ordinance) Day care facility means a facility licensed by the State or County, public or private, which, for gain or otherwise, regularly provides care of one or more children on a regular basis, for periods of less than twenty -four (24) hours per day, in a place other than the child's own home. Deck means a horizontal, above grade, unenclosed platform with a structural framing support system, attached or functionally related to a principal use or dwelling. A deck may include attached railings, seats, trellises or other features. (Submitted to DNR for review) Decorative block means a masonry building block or cast concrete and aggregate rock that has a split -rock, brick -like, burnished, or ribbed texture on the side to be exposed, and is available in a variety of colors. Density means the number of dwelling units per acre of land as regulated by the Comprehensive Guide Plan. All property designated as wetlands or floodplain shall be excluded from the calculations, but a density credit of two (2) units per acre may be computed for each acre of such land. Developer means any person or entity other than a builder, as defined herein, who undertakes to improve a parcel of land, by platting, grading, installing utilities, or constructing or improving any building thereon. (per Sec. 11.10 Subd. 15.1 Tree Preservation) Development means individual lot single family residence development, single phase development and two -phase development, as those terms are defined herein. (per Sec. 11.10 Subd. 15.1 Tree Preservation) Diameter means the length of a straight line measured through the trunk of a tree at fifty- four inches (54 above the ground. (per Sec. 11.10 Subd. 15.1 Tree Preservation) Diameter Inch means the diameter, in inches, of a tree measured at diameter breast height (4.5 feet from the uphill side of the existing ground level). (per Sec. 11.10 Subd. 15.1 Tree Preservation) 4 /8i DRAFT 05/17/00 Drip Line means the farthest distance away from the trunk that rain or dew will fall directly to the ground from the leaves or branches of a tree. (per Sec. 11.10 Subd. 15.1 Tree Preservation) Drive through Facility means an establishment which permits customers to receive services or obtain goods while remaining in their motor vehicles, excluding gasoline service stations. Duplex means a dwelling structure on a cinglo lot, having two (2) dwelling units, attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities. Dwelling means a building or one or more portions thereof essupied -or intended to be occupied for residential occupancy, but not including rooms in motels, hotels, nursing homes, boarding houses, mobile motor homes, tents, cabins or travel trailer coaches. Dwelling, apartment means a building designed with three (3) or more dwelling units where access to the dwellings are through shared hallways and main entrances and exits. See also "Dwelling, efficiency apartment." Dwelling, attached means a dwelling which is joined to another dwelling at one (1) or more sides by a party wall or walls. Dwelling, 'detached means a single dwelling unit not attached to another dwelling or structure. Dwelling, efficiency apartment means a one room dwelling unit consisting of one principal room having cooking facilities and used for combined living, dining and sleeping purposes. Dwelling, Multiple Family means a building designed for and occupied by three (3) or more families living independently of each other, consisting of townhomes or apartments. Dwelling, Single Family means a building designed for and occupied by one (1) family. Dwelling, Two family means a building containing two (2) dwelling units. Dwelling site means a designated location for residential use by one (1) or more persons using temporary or movable shelter, including camping and recreational vehicle sites. (per Sec. 11.21 Shoreland Zoning) Dwelling unit means a single unit providing complete, independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation. 5 DRAFT 05/17/00 Essential services means underground and overhead gas, electrical, steam, or water distribution systems; collector, communication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police callboxes, traffic signals, hydrants or similar equipment and accessories in conjunction therewith, including City buildings. Essential services shall not include waste facilities or personal wireless service antennas. or support structures. Essential Services Structures means structures and buildings necessary for the operation of essential services, including but not limited to: Telephone buildings, telephone booths, gas regulator stations, substations, electrical stations, water tanks, and lift stations. Essential service structures shall not include transmission /reception antennas and towers. Erosion means the wearing away of land surface by the action of natural elements. Excavation means the removal, filling with, or storage of rock, sand, dirt, gravel, clay or other like material. Excavation permit means a permit to remove, excavate, or store rock, sand, gravel, dirt, clay or other like material, issued by the City Expansion means an increase in the floor or building coverage area or volume of an existing building. Extractive Use means the use of land for the removal of surface or subsurface sand, gravel, rock, industrial minerals, a nonmetallic mineral, or peat not regulated by Minn. Stat. Sections 93.44 -93.51 and amendments thereto. (per Sec. 11.21 Shoreland Zoning) Face brick means a masonry building block or clay baked in a kiln until hard. Family means an individual or two (2) or more persons each related by blood, marriage, or adoption living together as a single housekeeping unit; or a group of not more than five (5) persons not so related maintaining a common household and using common cooking and kitchen facilities. For the purposes of this definition, housekeeping unit means all persons residing within a dwelling unit whose relationship includes a substantial amount of social interaction, including the sharing of housekeeping responsibilities or expenses and the taking of meals together. Farm means a parcel of land having an area of ten (10) acres or more (five acres for truck farms) which is under cultivation or is fenced and utilized as pasture. (1 searched Ch. 11 for the use of farm" and found it frequently is used in the form of "farming." Maybe farming" the activity needs to be defined? "Farm" or "farming"appears in the accessory structures and fence provisions, the A zoning district uses, and in various places throughout the shoreland ordinance. 1 still don't know what truck farm is.) 6 /83 DRAFT 05/17/00 Farming means the process of operating a farm for the growing and harvesting of crops which (and shall include those necessary buildings, related to operating the farm, and the keeping of common domestic farm animals. [Because farming" came up so often in the search, I added this definition from the Plymouth ordinance.] Fence, means any partition, hedge structure, wall or gate erected as a dividing marker, visual or physical barrier, or enclosure and located along the boundary or within the required yard. Fence height means the distance measured from grade to the highest point of the fence. Fill means a deposit of earth material placed by artificial means. (per Ch. 4) Filling means the placement of sand, gravel, earth or other materials of any composition on a parcel of land. (We asked whether we needed "fill "and "filling" in Ch. 11, and the answer is yes. Both terms are used several times throughout the code. Ch. 4 doesn't define "filling.") Financial institution means establishments such as, but not limited to, banks and trust companies, credit agencies, investment companies, brokers and dealers of securities and commodities, security and commodity exchanges, insurance agents, brokers, lessors, lessees, buyers, sellers, agents and developers of real estate. Flood means a temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel. Flood frequency means the average frequency, statistically determined, for which it is expected that a specific flood stage or discharge may be equalled or exceeded. Flood fringe means that portion of the floodplain outside of the floodway and which has been or hereafter may be covered by the regional flood. Floodplain means the channel or beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. Floodplain areas within the City shall encompass all areas designated as zone A on the flood insurance rate maps prepared by the Federal Emergency Management Agency. Floodproofing means a combination of structural provisions, changes or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages. Floodway means the channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regional flood. /8y Floor area, gross means the area included within the surrounding exterior wall of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building or portion thereof not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. (We need to add language in the parking provisions that states "net leaseable floor "area is considered to be 80% of gross floor area.) Forest land conversion means the clearcutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand. (per Sec. 11.21 Shoreland Zoning) Forester means a person holding a bachelor's degree in forestry from an accredited four year college of forestry. (per Sec. 11.10 Subd. 15.1 Tree Preservation) Frontage means that boundary of a lot which abuts an existing or dedicated public street, watercourse or similar barrier. Garage, private fcet. means an accessory building or accessory portion of the principal building which is primarily intended for and used to store the private passenger vehicles and trucks of the family resident upon the premises and in which no business, service or industry is carried on. Garage sale means any display of goods and/or salesmen's samples and sale of said goods on a property customarily used as a residence. At least one (1) The personf$ conducting the sale shall be a resident(e) of the property. Garbage means "garbage" as defined in Chapter 10 of this Code. uilding. DRAFT 05/17/00 Grade means, for the purposes of measuring building or structure height, the average elevation of the ground, paving or sidewalk around the building foundation. Grading means excavating, filling or otherwise changing the natural or existing topography of land including stockpiling of earth or land. Gross Vehicle Weight means the weight of the vehicle plus the weight of the load thereon or the registered gross vehicle weight of the vehicle, whichever is greater. Hardship means a situation where property in question cannot be put to a reasonable use under the conditions allowed by the official controls where the plight of the landowner is due to circumstances unique to this property, not created by the 8 /8s landowner. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under terms of the official controls. Health and fitness club means an indoor facility designed and equipped for the conduct of sports, exercise, leisure time activities or other customary and usual recreational activities, operated for profit or not for profit, and which can be open only to bona fide members and guests of the organization or open to the public for a fee. Health care facility means establishments primarily engaged in furnishing medical, surgical or other services to individuals, including the offices of physicians, dentists and other health practitioners, medical and dental laboratories, outpatient care facilities, blood banks, and oxygen and miscellaneous types of medical supplies and services. Home occupation means any occupation or profession engaged in by the occupant of a residential dwelling unit which is clearly incidental and secondary to the residential use of the premises, does not change the character of said premises and satisfies the requirements of this Code. [Taken from the proposed home occupation ordinance prepared by Bob.] permitted under suction 11.20 of this chapter. Impervious Surface means a material providing a hard surface which prevents normal absorption of water into land. /16 DRAFT 05/17/00 Hospital means a licensed facility for the hospitalization or care of human beings within the meaning of Minnesota Statute Chapter 144.50, as may be amended. Hoteletel means a building or group of buildings offering transient lodging accommodations on a daily rate to the general public, awl-which may provide pig additional services such as restaurants, meeting rooms, and recreational facilities, and where access to each lodging room is gained through a common hallway within the building. DRAFT 05/17/00 Industrial Use means the use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items. (per Sec. 11.21 Shoreland Zoning, but the term also is used in the purpose statement of the BP district.) Individual lot single-family residence development means the process where the construction of a new single family residence occurs on a single lot, or the expansion of any existing single family residence by ten percent (10 or greater square feet. Per Sec. 11.10, Subd. 15.1 Tree Preservation) Institutional usey means a facility providing educational, governmental, religious, or community services to the general public such as libraries, churches, municipal buildings, museums, and historic buildings and sites. Institutional facilities may be owned and operated by either public or private entities. (see also School) Intensive Vegetation Clearing means the complete removal of trees, grasses or shrubs in a contiguous patch, strip, row, or block. (per Sec. 11.21 Shoreland Zoning) Interim Use (see "Use, interim means a temporary use of property until a particular date, until the occurrence of a particular event. (Move to U under "Use, interim." Need to change the definition in Sec. 11.22 to eliminate reference to "or until zoning regulations no longer permit it.) Junkyard means an outdoor area where used, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, abandoned, packed, disassembled, or handled, including but not limited to scrap iron and other metals, rags, paper, rubber products, bottles and lumber. Kennel means as dofinod in soction 6.38 of tho City Codo. any place, building, tract of land, abode or vehicle, wherein or whereon a total of four (4) or more dogs or cats or combination, over six (6) months of age, are kept, kept for sale, or boarded. (per section 6.38 of the City Code) Landscaping means plantings such as trees, flowers, grass and shrubs and related improvements directly related thereto. Land reclamation means depositing four hundred (400) cubic yards or more of materials so as to elevate the grade. Landscape architect means a person licensed by the State as a landscape architect. (per Sec. 11.10, Subd. 15 Tree Preservation Ordinance) Loading fit# area means an unobstructed area provided and maintained for the temporary parking of trucks and other motor vehicles for the purpose of loading and /1°7 unloading goods, wares, materials and merchandise as more fully described in section 11.10. (This change may necessitate reference changes within the body of the Code) Lot means a parcel of land occupied or used or intended for a purpose or use permitted in this chapter, abutting on a public street, and of sufficient size to provide the yards and area required by this chapter. Lot area means the area of a lot in a horizontal plane bounded by the lot lines, but not including any area occupied by the waters of a duly recorded lake or river or area which has been dedicated as public thoroughfare or road. Lot area per unit means the number of square feet of lot area required per dwelling unit. Lot, corner means a lot situated at the junction of and abutting on two (2) or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed one hundred thirty five (135) degrees. Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot. Lot frontage means the narrowest lot boundary abutting a public or private street that meets minimum lot width requirements. If none of the boundaries abutting a public or private street meet minimum lot width requirements, then the lot frontage is the widest boundary abutting a street. Lot, interior means a lot, other than a corner lot, including through or double frontage lots. Lot line means the property line bounding a lot. DRAFT 05/17/00 Lot line, front means that boundary of a lot which abuts an existing or dedicated public or private street, and in the case of a comer lot, it shall be the shortest dimension on a public or private street. Lot line, rear means that boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten (10) feet in length or if the lot forms a point at the rear, the rear lot line shall be a line ten (10) feet in length within the lot connecting the side lot lines and parallel to the front lot line. Lot line, side means any boundary of a lot which is not a front lot line. or a rear l t- ine or a lot lino along a public stroot. Lot of record means part of a subdivision approved by the City, the plat of which has been duly recorded in the office of the County recorder or registrar of titles, or a parcel of land, the deed to which was recorded in the office of said County recorder, registrar of 11 /d? titles, prior to the adoption of this chapter which meets the minimum requirements of State law and all City Code provisions in effect upon the date of said recording. Lot, Substandard means a lot or parcel of land which does not meet the minimum lot area or other dimensional standards of the City Code. Lot, through means a lot which has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which is not a corner lot. DRAFT 05/17/00 Lot width means the distance measured between lot lines, parallel to the front lot line at the minimum required front yard setback. Manufactured home (Mobile home). For the purpose of this Code, manufactured homes shall be as defined in Minnesota Statute 327.31, Subd. 6, as may be amended. Manufactured home park (Mobile home park) means any site, lot, field or tract of land upon which two (2) or more occupied manufactured homes are located, either free of charge or for compensation, and includes any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of the manufactured home park. Medical clinic means a facility used for patient examination and treatment by physicians, dentists, optometrists, psychologists or other health care professionals and where patients are not lodged overnight. Mining means the extraction of sand, gravel or other material from the land in the amount of three thousand (3,000) cubic yards or more. Motel. means a building or group of buildings offering transient lodging accommodations on a daily rate to the general public, which may provide additional services such as restaurants, meeting rooms, and recreational facilities, and where access to each lodging room is gained from the outside. Motor fuel station, class I means a place or business engaged in only the sale of motor fuels, and incidental petfeleiwil automotive products and may include incidental services including a carwash and the sale of convenience retail goods. Motor fuel station, class II means a place of business engaged in the sale of motor fuels and dispensing of services generally associated with the operation and maintenance of motor vehicles, including automobile or truck repair facilities. i�9 DRAFT 05/17/00 use Motor vehicle repair, major means general repair, rebuilding, or reconditioning of engines, transmissions, motor vehicles or trailers, including body work, framework, welding and major painting service. Motor vehicle repair, minor means the replacement of any part or repair of any part which does not require removal of the engine head or pan, engine transmission or differential; incidental body and fender work, minor painting and upholstering service. Above stated is applied to passenger automobiles and trucks not in excess of seven thousand (7,000) pounds gross weight. (vehicle weight reference should be subject to further evaluation) Non- Conforming Structure, Use, or Lot, Illegal means a lot, building, structure, premises, or use illegally established when it was initiated, created or constructed, which did not conform with the applicable conditions or provisions of the City Code for the district in which the structure or use is located. Non- Conforming Structure, Use, or Lot, Legal means a lot, building, structure, premises, or use lawfully established when it was initiated, created or constructed, which does not conform with the applicable conditions or provisions of the City Code for the district in which the structure or use is located. Noxious Matter or Material means material capable of causing injury to living organisms by chemical reaction, or capable of causing detrimental effects to the physical well being of individuals. (The PCA does not have a definition of this term) Nursery, day means a use where care is provided for pay for more children than those of one (1) family in addition to the family residing on the premises. Nursery, Landscape means an enterprise that conducts the retail and wholesale sale of plants grown on the site, as well as accessory items directly related to their care and maintenance. The accessory items normally sold include clay pots, potting soil, fertilizers, insecticides, hanging baskets, rakes, shovels, and the like, but do not include power equipment such as gas or electric lawnmowers and farm implements. Contractor yards that involve the storage of landscape materials shall not constitute a landscape nursery. Nursing Home means a facility or that part of a facility that provides nursing care to five (5) or more persons. A Nursing home does not include a facility or part of a facility that is a hospital, clinic, doctor's office, diagnostic or treatment center or a residential program licensed by the State of Minnesota. [This is a reiteration of the State definition] Occupancy means the purpose for which a building or part thereof is used or intended to be used. Office means a building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations. DRAFT 05/17/00 Office /showroom means a building with gross floor area consisting of at least thirty (30) percent finished office space, in addition to showroom, warehousing and distribution uses including product display, storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions. Office /warehouse means a miAti4enent building with gross floor area consisting of at least fifteen (15) percent finished office space, in addition to warehousing and distribution uses including storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions. Outdoor display means to store or exhibit outside a commercial building a representative sample of merchandise, goods or inventory intended for sale, rent or lease in the normal course of the principal occupant's business. For purposes of this chapter, any outdoor display exceeding the restrictions thereof as set forth in section 11.10 shall constitute outdoor storage. Outdoor storage means to stock, keep, sell or trade outside a commercial or industrial building any items of merchandise, supplies, materials, finished goods, inventory or other movable property or motor vehicles. For purposes of this definition and the regulation of outdoor storage, a temporary outdoor event and seasonal outdoor sale shall not constitute outdoor storage. Owner means an individual, association, syndicate, partnership, corporation, or any other legal entity holding an equitable or legal ownership interest in land, buildings, structures, dwelling unit(s) or other property. Ordinary high water level (OHWL) means an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and %9i DRAFT 05/17/00 flowages, the ordinary high water level is the operating elevations of the summer pool. [per Section 11.21 Shoreland Ordinance] Parcel means an individual lot or tract of land. Parcel of Record means [awaiting response from Carla Heyl] Park, means a tract of land publicly owned and used by the public for active and /or passive recreational purposes. Parking Lot, Ramp means a structure used for the temporary storage of motor vehicles. Parking Lot, Surface means an off street, at grade, uncovered area, utilized for the temporary storage of motor vehicles. Parking Ramp means a structure used for the temporary storage of motor vehicles. Parking space means building. an area of such shape and dimensions as provided by this Code, sufficient in size to store one (1) motor vehicle, which has adequate access to a public street or alley and permitting satisfactory ingress and egress of an automobile. [This definition necessitates the addition of minimum dimensional requirements to the Code.] Patio means an at grade recreation area that is often paved and is typically designed especially for outdoor dining. Performance standard means criteria established usos of land or buildingG for, but not limited to, setbacks, fencing, landscaping, screening, drainage, building materials, outside storage, off street parking, and to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat or other nuisance elements generated by or inherent in use of land or buildings. Permitted Use (see Use, Permitted) Plain concrete block means a masonry building block of cast concrete that has no additional surface texturing. Planned development means an urban development characterized by a unified site design and developed according to an approved overall plan having: /9a DRAFT 05/17/00 1) Two (2) or more principal uses or buildings (within a single pletparcel) without the necessary zoning to allow the uses in compliance with the existing zoning districts; or 2) A single use which does not comply with all of the restrictions of any one zoning district. Planned development zoning shall be allowed only where the eCouncil determines that, because of topography, location, design, public need, amenities, or for other similar reasons, the development represents good planning in relation to existing and proposed development in the area. [This conflicts with the definition provided in Section 11.21 Shoreland Ordinance. This definition is being submitted to the DNR for review and comment whether it can replace the DNR definition in the shoreland ordinance.] number of dwelling units or dwelling sites on a parcel, whether for sale, ront or loace, tho principal ucoe. (per Section 11.21 Shoreland Ordinance, proposed to delete and replace with above, if DNR finds that acceptable.) Play and Recreational Facilities means facilities customary and incidental to the principal use of the site intended for the enjoyment and convenience of the residents of the principal use and their occasional guests. Such facilities include swing sets, play sculptures, sand boxes, picnic tables, basketball standards, tennis courts, swimming pools, barbeque grills, patios, accessory furniture, and the like. Porch means a portion of a principal structure with a roof to provide weather protection, but not intended for year round use or habitation. Precast panel means a building wall section of concrete poured into a form at the manufacturer's facility and shipped to the construction site for installation. Preferred co- location site means an existing or approved tower, structure or building which may accommodate planned equipment for a proposed new tower within a one -half (1/2) mile search radius of the proposed tower location. Printing or reproduction shop means an establishment that provides a full range of printing and reproduction services primarily to other businesses. Processing means the crushing, washing, compounding or treating of rock, sand, gravel or similar materials. /9.3 Public waters has the meaning given it in Minnesota Water Law (Minn. Stat. 103G.005, subd. 15). (per Section 11.21 Shoreland Ordinance) DRAFT 05/17/00 Public Building or Structure means buildings and structures owned or operated by municipal, school district, County, State, or other governmental units. Public hearing, unless otherwise specifically redefined, means a public hearing pursuant to a notice published once in the official newspaper of the City at least ten (10) days prior to the date of such hearing, which notice shall specify the general purpose, time and place of such hearing. Any such hearing after such publication may be continued, recessed or adjourned, from time to time, without any further publication or notice thereof. Public right -of -way means the entire area dedicated to public use or contained in an easement or other conveyance or grant to the State, County or City and shall include but not be limited to roadways, boulevards, sidewalks, trails, alleys and other public property between lateral property lines in which the street or roadway lies. Public utility services means the providing of electric power, gas, telephone, sanitary sewer and water. Public Use means uses owned or operated by municipal, school district, County, State, or other governmental units. Publication means notice placed in the official City newspaper stating time, location, and date of meeting and description of topic. Recreation, commercial means a business directed toward the general public that offers recreational entertainment such as amusement centers, bowling alleys, billiard halls, golf courses, movie theatres, ballrooms, roller rinks and similar uses. Recreational Camping Vehicle means any self propelled vehicle and any vehicle propelled, drawn, towed or carried by a self propelled vehicle, which is designed to be used for temporary living quarters while engaged in recreation or vacation activities. Recreational equipment means non vehicular materials used primarily for recreation and leisure time activities and purposes, such as ice fishing houses, sport courts, and sports equipment. Recreational vehicle means any self propelled vehicle and any vehicle propelled, drawn, towed or carried by a self propelled vehicle, which is designed to be used for leisure time activities and purposes including by not limited to: 1. Recreational camping vehicles; 2. Non motorized trailers generally used for transporting recreational vehicles such as watercraft and snowmobiles; %9y DRAFT 05/17/00 3. A van or truck with a slide -in camper which is not used primarily for day to day transportation needs; 4. Snowmobiles, all terrain vehicles, any type of watercraft and similar vehicles. Such vehicles that are placed on a utility trailer shall, together with the trailer, constitute a single recreational vehicle; 5. Passenger vehicles with antique or collector license plates, specialized off road racing vehicles that are not primarily used for day to day transportation needs. Such vehicles that are placed on a utility trailer shall, together with the trailer, constitute a single recreational. vehicle. Recreational vehicle, class I means a recreational vehicle with a length of less than twenty (20) feet and a height of less than six (6) feet when measured from the parking surface to the highest point of the vehicle. Recreational vehicle, class II means a recreational vehicle with a length of twenty (20) feet or more and /or a height of six (6) feet or more when measured from the parking surface to the highest point of the vehicle. Recyclables means "recyclables" as defined in Chapter 10 of this Code. Refuse means "other refuse" as defined in Chapter 10 of this Code. Regional flood means a flood which is representative of large floods known to have occurred generally in the State and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100 -year recurrence interval. Regional flood is synonymous with 100 -year floodplain and with the term "base flood" used in the flood insurance rate map. Rental shop means a business operated within a principal structure and engaged exclusively in providing movable property to another for temporary use in exchange for consideration paid, except for the incidental sale of accessories related to those items rented. Repair, small engine or appliance means general repair, rebuilding, or reconditioning of small engines or appliances, including replacement or repair of parts. Research laboratory means a building or group of buildings in which are located facilities for scientific research, development, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory. Residential program means a program that provides 24- hour -a -day care, supervision, food, lodging, rehabilitation, training, education, habilitation, or treatment outside a person's own home, including a nursing home or hospital that receives public funds, administered by the Commissioner of Human Services, to /qs DRAFT 05/17/00 provide services for five or more persons whose primary diagnosis is mental retardation or a related condition or mental illness and who do not have a significant physical or medical problem that necessitates nursing home care; a program in an intermediate care facility for four or more persons with mental retardation or a related condition; a nursing home or hospital that was licensed by the Commisioner of Human Services on July 1, 1987, to provide a program for persons with a physical handicap that is not the result of the normal aging process and considered to be a chronic condition; and chemical dependency or chemical abuse programs that are located in ahospital or nursing home and receive public funds for providing chemical abuse or chemical dependency treatment servises under Minnesota Statutes 1998, Chapter 245B. Residential Programs include home and community -based services for persons with mental retardation or a related condition that are provided in or outside of a persons own home.[reiteration of State definition. need to add to list of uses] Residential planned development means a use where the nature of residency is nontransient and the major or primary focus of the development is not service oriented. [per Section 11.21 Shoreland Ordinance] Restaurant, class I— includes eating establishments where food and /or beverages are ordered, served, and consumed by customers him while seated at a counter or table on the premises. Class I restaurants may include eating establishments where food and /or beverages are selected by a customer while going through a serving line and taken to a table for consumption. Restaurant, class II— includes fast food, drive -in, cafeteria, and carryout or delivery type restaurants. Class II restaurants include establishments that sell prepared and pre prepared food and /or beverages directly to customers, without table service, for consumption on or off premises. Class II restaurants may include drive -up order, pick -up or delivery services. Retail copy center means an establishment that provides photocopying and other basic print reproduction services to the general public and other businesses. These businesses offer both full and self service options. Retail sales means a use engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. /9G Right -of -way means a strip of land intended to be used for roadways, sidewalks, railroads, or utility purposes on which an irrevocable right -of- passage has been recorded. to amend] per Cht. 13 Subdivision Ord. need Riparian lot means a lot which borders on a lake, river or stream. [per Section 11.21 Shoreland Ordinance] School (public or private) means a building used for the purpose of elementary or secondary education, which meets all the requirements of compulsory education laws of the State of Minnesota, and not providing residential accommodations. School, vocational or technical means a secondary or higher education facility primarily teaching usable skills that prepare students for jobs in a trade and meeting the State requirements for vocational facility. Screening means a device or materials used to visually shield or obscure one element of a development from other elements or from adjacent or contiguous development. Screening materials may include fences, walls, berms, plantings, or other materials providing the required opacity. 11.21 Shoreland Ordinance amend Semi-public use means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. [per Section 11.21 Shoreland Ordinance] Sensitive resource management means the preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding or occurrence of flora and fauna in need of special protection. [per Section 11.21 Shoreland Ordinance] /97 DRAFT 05/17/00 per Section the lot. DRAFT 05/17/00 Setback means the minimum horizontal distance required between any lot line or right -of -way and the nearest point of a building, structure or improvement located or to be located on the lot. The setback is measured at a right -angle from the lot line to the closest point of the building or improvement. Within the Shoreland Zone setback means the minimum horizontal distance between a structure, sewage treatment system, or other feature and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility. A. For purposes of measuring tho setback between a building, structure, or B. For purposes of measuring tho setback betwoon a building, structure or county or state, tho setback is tho horizontal distance from tho odgo of said Setback line means a line located at the specified setback distance from and parallel to any lot line. Sewage Treatment System, means an on -site system for disposing and treating human and domestic waste such as a septic tank and soil absorption system or other individual or cluster -type sewage system as described and regulated in Section 11.21, Subd. 9 of this Code. Sewer System, Sanitary means the pipelines or conduits, pumping stations, and force main and all other constructions, devices, appliances, facilities or appurtenances used for conducting sewage, industrial waste, or other wastes to the regional facility for treatment and disposal. [per Section 11.21 Shoreland Ordinance] Shopping Center means a group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on- site. Shore impact zone means land located between the ordinary high water level of a public water and a line parallel to it at a setback of fifty (50) percent of the structure setback. [per Section 11.21 Shoreland Ordinance] /98 Slope means the degree of deviation of a surface from the horizontal, usually expressed in percent of degrees. Shoreland, shoreland area, shoreland district and shoreland overlay district mean land located within the following distances from public waters: One thousand (1,000) feet from the ordinary high water level of any lake, pond, or flowage; and three hundred (300) feet from rivers and streams, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters in volved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the DNR. [per Section 11.21 Shoreland Ordinance] Sign means "sign" as defined in &Section 4.20 of the City Code. DRAFT 05/17/00 Significant historic site means any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State register of historic sites, or is an unplatted cemetery within the provisions of Minn. Stat. 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the State archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. [per Section 11.21 Shoreland Ordinance] Slope, steep means land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available County soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance. Where specific information is not available, steep slopes are lands having average slopes over twelve (12) percent, as measured over horizontal distances of fifty (50) feet or more, that are not bluffs. [per Section 11.21 Shoreland Ordinance] Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused under -floor space is more than six feet above grade, as defined herein, for more than 50 percent of the total perimeter or is more than 12 feet above grade, as defined herein, at any point, such basement, cellar or unused under -floor space shall be considered a story. Street, Arterial Minor means a street that serves or is designed to serve heavy flows of traffic and is primarily used as a route for traffic between communities and/or heavy /99 traffic generating areas as identified within the City's duly adopted Comprehensive Guide Plan. [per Section 13.04 Subdivision Ordinance do we need to acknowledge this Street, Arterial Major means a street that serves or is designed to serve heavy flows of traffic and is primarily used as a route for traffic between communities and/or heavy traffic generating areas as identified within the City's duly adopted Comprehensive Guide Plan. [per Section 13.04 Subdivision Ordinance] Street, Collector means a street that serves or is designed to serve as a trafficway for a neighborhood or as a feeder to an arterial street as identified within the City's duly adopted Comprehensive Guide Plan. [per Section 13.04 Subdivision Ordinance] Street, cul -de -sac or dead -end means a street with only one vehicular outlet. [per Section 13.04 Subdivision Ordinance] Street, Local means a street designed to serve primarily as an access to abutting properties. [per Section 13.04 Subdivision Ordinance] DRAFT 05/17/00 Street, private means a street that is not dedicated for public use. [per Section 13.04 Subdivision Ordinance need to amend] Street, public means a public right -of -way for vehicular traffic which has been dedicated or deeded for public use. Strcet, scrvicc moans a marginal accosc ctroot which is gonorally parallel to and adjacont to a major ctroot. [per Section 13.04 Subdivision Ordinance] garagos, cabinc, manufactured homoc, and othor cimilar itomc. Structure means anything constructed or erected, the use of which requires location on the ground or attachment to something having a location on the ground. Among other things, structures include but are not limited to buildings, gazebos, decks, retaining walls, walls, fences over six (6) feet in height, and swimming pools, but excluding patios and similar at -grade improvements. [Submitted to DNR for comment on compatibility with Shoreland Ordinance.] Structure, principal means see "Building, principal Structure, accessory means see "Building, accessory Subdivision means the division of any parcel of land into two or more lots, blocks or parcels. [per Chapter 13 Subdivision Ordinance] DRAFT 05/17/00 Surface- water oriented commercial use means the use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use. [per Section 11.21 Shoreland Ordinance] Swimming Pool, Outdoor means any structure, basin, chamber or tank containing an artificial body of water for swimming, diving or recreational bathing use i- senneetief} having a depth of more than twenty -four (24) inches at any point and a surface area exceeding one hundred fifty (150) square feet. [Note: Need to amend Chapter 4 too] Synthetic stucco means a nonbearing exterior wall cladding system providing both insulation value and finished exterior surface (e.g., EIFS panels). ctato rcquiromonts as a vocational facility. [relocated under "School Temporary outdoor event means an exhibition or sale with a duration of ten continuous days or less which does not occur more than once per thirty (30) days and more than three times per year or a combination of twenty (20) days total in a calendar year. A temporary outdoor event includes, but is not limited to: promotional and fund raiser event; car wash; nursery stock, fresh fruit and vegetable sales; and prepared food clothing and crafts display or sale. wa.frwidths-indieeted—[see "Street Toe of the bluff means the lower point of a fifty (50) foot segment with an average slope exceeding eighteen (18) percent. [per Section 11.21 Shoreland Ordinance] Top of the bluff means the higher point of a fifty (50) foot segment with an average slope exceeding eighteen (18) percent. [per Section 11.21 Shoreland Ordinance] Townhouse means a single family boiklifig dwelling having one (1) or more walls in common with another single family buil4ing dwelling oriented so all exits open directly to the outside. Tower means any freestanding structure designed specifically to elevate an antenna, satellite dish or similar apparatus. Transit station means the premise and associated facilities to accommodate loading and unloading of transit passengers and associated parking area for transit passenger vehicles. DRAFT 05/17/00 Tree means any of the following type of trees, as each is defined herein: [per Section 11.10 Subd. 15.1 Tree Preservation Ordinance] Coniferous evergreen tree means a woody plant which, at maturity, is at least twelve (12) feet or more in height, having foliage on the outermost portion of the branches year- round. Deciduous tree means a woody plant which, at maturity is at least fifteen (15) feet or more in height, having a defined crown, and which sheds leaves annually. Hardwood deciduous tree includes: ironwood, catalpa, oak, maple (hard), walnut, ash, hickory, birch, black cherry, hackberry, locust and basswood. Significant tree means a healthy tree measuring a minimum of six (6) inches in diameter for hardwood deciduous trees, defined herein, or a minimum of twelve (12) inches in diameter for softwood deciduous trees, as defined herein, or a minimum of twelve (12) feet in height for coniferous /evergreen trees. Softwood deciduous tree includes: cottonwood, poplars /aspen, box elder, willow, silver maple and elm. Specimen tree means a healthy hardwood deciduous tree measuring equal to or greater than thirty (30) inches diameter and/or a coniferous tree measuring fifty (50) feet or greater in height. Truck Stop means a business, service or industry involving the dispensing of motor fuel or other petroleum products directly into motor vehicles, and the sale of accessories or equipment for trucks and similar commercial vehicles. A truck stop may also include the maintenance, washing servicing, storage or repair of commercial vehicles, overnight accommodations and restaurant facilities intended for use primarily by truck drivers and the traveling public. Truck Terminal means a building or area in which freight brought by truck is assembled and /or temporarily stored for re- routing or re- shipment. The terminal facility may also include storage and /or parking areas for truck tractor and /or trailer units. Two-phase development means the process where improvement of the entire site occurs in at least two (2) distinct phases. Generally the first phase includes initial site grading; installation of utilities; construction of public streets; construction, grading of drainage ways; and filling of any areas. The second phase generally includes grading of specific pad areas; utility hookups; construction of buildings, parking lots, driveways, storage areas, recreation areas, private streets; and any other activity within the specific construction zone. [per Section 11.10, Subd. 15.1 Tree Preservation Ordinance] 25 e e CZ DRAFT 05/17/00 (per Section 11.21 Shoreland Ordinance, propose to delete and replace with "hardship Use means the purpose or activity for which the land or building thereon is designated, arranged or intended or for which it is or may be occupied or maintained. Uses are classified as principal or accessory and as permitted or conditional. Use, accessory means a subordinate use that is located upon the same lot on which the primary use is situated and which is reasonably necessary and incidental to the conduct of the primary or main use. Use, conditional means those uses specifically designated in each zoning district, which because of unique characteristics, are not classified as permitted uses in a particular zoning district but may be deemed acceptable subject to certain conditions and guarantees to protect the public interest. Use, interim means a temporary use of property until a particular date, until the occurrence of a particular event or until zoning regulations no longer permit it. Use, permitted means a use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards, if any, of such districts. Use, principal means the main use of land or buildings as distinguished from subordinate or accessory uses. A principal use may be either permitted or conditional. Variance means a modification or waiving of the provisions of this Chapter consistent with the enabling statute for municipalities, as applied to a specific property and granted pursuant to the standards and procedures of this Chapter, except that a variance shall not be used for modification of the allowable uses within a district and shall not allow uses that are prohibited. Warehouse means a building used primarily for the extended storage of goods and materials. Waste facility means All property, real or personal, including negative and positive easements and water and air rights, which is or may be needed or useful for the processing, diposal, transfer, and /or storage of hazardous /or solid wastes, except property used primarily for the manufacture of scrap metal or paper. Waste facility includes but is not limited to transfer and storage stations, processing facilities, and disposal sites and facilities. Waste facility does not include drop off Yard, front means the area between the front lot line and the front building or setback line. DRAFT 05/17/00 centers which are accessory to allowable uses and which are operated by a governmental unit, civic organization or similar non profit group expressly for the collection of recyclable waste including paper, clean glass and metal containers, yard waste for composting, and other eligible household wastes from individuals Water oriented accessory structure or facility means a small, aboveground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to surface water, reasonably needs to be located closer to public waters than minimum required structural setbacks. [per Section 11.21 Shoreland Ordinance] Wetland means a surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39 (1971). [per Section 11.21 Shoreland Ordinance] Wholesaling means the selling of goods, equipment and materials by bulk to another business that in turn sells to the final customer. Yard means open space on a lot which is unoccupied and unobstructed by a building or structure from its-lewest the ground level to the sky, except as expressly permitted by this chapter. A required yard shall extend along a lot line and at right angles to such a lot line to a depth or width specified in the 3aFE1 setback regulations for the district in which such lot is located. Yard, rear means the area between the rear lot line and the rear building or setback line. Yard, required means the open area between a lot line and the setback line as specified in the setback regulations for the district in which such lot is located. Yard, side means the area from the side lot line to the side building or setback line extending between the front yard to the rear yard along a side lot line. Yard Waste means "yard waste" as defined in Chapter 10 of this Code. Zoning district means an area or areas w ithi n the'imito of the City (as delineated on the Zoning Map) set aside for specific uses with specific regulations and provisions for use and development as defined by this Chapter. Zoning district overlay means a zoning district containing regulations superimposed upon other zoning district regulations and superseding the underlying zoning district use regulations. DRAFT 05/17/00 Zoning map means the map or maps incorporated into this Chapter as part thereof, designating the zoning districts. ITEM PROPOSED REQUIREMENT(S) Trees and shrubs in public places and street rights -of -way (sec. 7.08) Change existing placement requirements to apply to private as well as public streets Commercial/large vehicle parking (sec. 9.10) Existing reference to "commercial vehicle" changed to any vehicle in excess of 9,000 pounds Turfgrass maintenance standards (sec. 10.21) Change maximum allowable height of turfgrass from 6 to 8 inches Property maintenance (sec. 10.53) Add new section addressing exterior property maintenance including firewood storage* Establish criteria for public nuisance determination Establish requirements related to the storage of firewood Fence requirements (sec. 11.10) Change to: Prohibit barbed wire fences in residential zoning districts Clarify that electric boundary fence regulation shall pertain only to above ground fences Establish a maximum fence height of 42 inches in the front yards of residentially zoned property Require the finished side of the fence to face outward Allow fence heights up to 8 feet in industrial zoning districts Stipulate that fences greater than 8 feet in height within business and industrial districts may be allowed via conditional use permit Agenda Information Memo June 20, 2000 Eagan City Council Meeting E. CITY CODE AMENDMENT (PROPERTY MAINTENANCE) CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an Amendment to various chapters of the City Code addressing exterior property maintenance requirements and direct the City Attorney to prepare an amendment suitable for publication. FACTS: This effort was initiated by the City Council and reflects discussion and direction recommended by the APC as it relates to the visual appearance of properties and involves the regulation of exterior building features, foundation walls, weeds, vehicle storage, firewood etc. Presently, the City of Eagan does not have a specific property maintenance code. Property maintenance related matters are addressed through various sections of the City Code in a limited fashion. The following is a summary of significant property maintenance related changes included in the attached draft amendment: At their regular meeting on May 23, 2000, the Advisory Planning Commission held a public hearing to consider the Amendment and recommended approval. a ATTACHMENTS (2) Minutes of the May 23, 2000 APC meeting, page O/(0 Draft City Code Amendment, pages �Qthrough 0 o 7 Advisory Planning Commission May 23, 2000 Page 2 CONSIDERATION OF ORDINANCE AMENDMENTS Planner Kirmis reviewed a revision of the draft property maintenance amendment (dated 5/12/00) to the Eagan City Code which incorporates the fence related modifications suggested by the Advisory Planning Commission at the May 11, 2000 workshop meeting. He discussed the following changes to the previous draft: Clarify that electric boundary fence regulation shall pertain only to above ground fences. Establish a maximum fence height of forty two (42) inches in the front yards of residentially zoned property. Stipulate that fences greater than eight (8) feet in height within business and industrial districts may be allowed via conditional use permit. The Commission agreed with the proposed revisions. Member Steininger moved, Member Huusko seconded a motion to recommend approval to an amendment to the Eagan City Code related to property maintenance. All voted in favor. Planner Kirmis reviewed a draft amendment to the Eagan City Code (dated 1/13/00) which addresses accessory buildings. He summarized the following accessory building requirements: Definition of accessory use or structure Setbacks Size Lot coverage Height Exterior material Quantity The Commission agreed with the proposed changes. DRAFT All voted in favor. OLD BUSINESS Member Segal moved, Member Steininger seconded a motion to recommend approval of an amendment to the Eagan City Code regarding accessory buildings. ao� PROPOSED PROPERTY MAINTENANCE RELATED CODE MODIFICATIONS Section 6.37 Subd. 2 (License required) Change "other refuse" reference to "refuse Revised 5/12/00 Section 6.37 Subd 1.B "other refuse" definition) Change "other refuse" reference to "refuse B. Other Refuse means ashes, nonrecyclable glass, crockery, cans, paper, boxes, rags and similar nonputrescible wastes (does not decay or have foul odor), end construction or demolition debris, and_wood except when stored as firewood in compliance with section 11.10 Subd. 32.C. Subd. 2. License required. It is unlawful for any person to haul garbage, ether refuse, recyclables, yard waste or food waste, without a license therefor from the city, or to haul garbage, ether refuse, or recyclables, yard waste or food waste from his own residence or business property other than herein excepted. For purposes of this section, a license shall be required for hauling construction or demolition debris only in cases of hauling for hire or with a motor vehicle that has a hauling capacity of four cubic yards or greater. Section 6.37 Subd. 3 (Exception) Change "other refuse" reference to "refuse Subd. 3. Exception. Nothing in this section shall prevent persons from hauling garbage, ether refuse, recyclables, yard wastes or food wastes from their own residences or business properties provided the following rules are observed: (1) that all garbage is hauled in containers that are watertight on all sides and the bottom and with tightfitting covers on top, (2) that all ether refuse, recyclables, yard wastes and food wastes are hauled in vehicles with leakproof bodies and completely covered or enclosed by canvas or other means or material so as to completely eliminate the possibility of loss of cargo, (3) that all garbage and ether refuse shall be dumped or unloaded only at a licensed solid waste facility or county designated facility, (4) that recyclables may be disposed of at a recycling facility, an organized recyclable drive or through a licensed recyclable hauler, (5) that yard wastes may be composted privately or be disposed of at a composting facility or through a licensed refuse hauler or recyclable hauler, and (6) that food wastes may be disposed of at a food waste composting facility or processing facility or through a licensed food waste hauler. Section 7.08 Subd. 1.D (Trees and shrubs in public places and street rights of way) Change to apply to private as well as public streets. D. The placement of trees and shrubs in public places and street rights -of -way and alongside private streets serving more than twenty (20) units shall be in compliance with the following city standards: 1. Trees shall not be planted within ten (10) feet, horizontally, of any sewer line, water line or driveway or within four (4) feet of any public trail or sidewalk. 1 0?0 2. The placement of trees and shrubs within public rights- of -wav and within ten (10) feet of private streets shall not disturb any ground within two (2) feet, horizontally, of any gas lines, electric lines, phone lines, or cable television lines, except in those specific cases where utility easements provide for wider setback requirements. 3. Any new trees planted within a public street right -of -way or alongside aprivate street shall be spaced no closer than twenty (20) feet apart and must be at least ten (10) feet from the back of curb in an urban section or twenty (20) feet from the edge of pavement in a rural section. 4. Trees, shrubbery, and other plant material shall not be planted or maintained, on public or private property, in such a manner as to obscure or impede the visual sight lines required to ensure the safe and efficient circulation of vehicles and pedestrians on streets, intersections, trails, and sidewalks. Trees, shrubbery or other plant material shall not be planted as to block the visibility of any regulatory, warning, or street identification sign or block the illumination of streetlights. The City shall have the authority to determine the minimal amount of required setback and clear zones in such circumstances. Property owners in violation of said requirements shall be given written notice, which notice shall be given by mail to their last known address, to remove, relocate, or trim all related plant materials in compliance with the directives given therein. If any owner or occupant fails to assume the responsibility of these requirements, the City may proceed to order the work done in accordance with subdivisions 5 and 6 of this section. 5. Overhanging branches of all deciduous trees, planted within public street rights -of- way and within ten (10) feet of private streets shall, at the time of maturity, be at least thirteen and one half (13 /2) feet above street surfaces and at least eight ,(8) feet above the ground for all other public places. This requirement includes trees that are planted on private property, but overhang within public areas or rights -of -way. 6. The City may establish a master plan for street tree planting. The plan shall identify those streets that have been designated by the Council for the planting of said boulevard trees. In accordance with the master plan, responsibility for the planting and maintenance of boulevard trees shall be the responsibility of the City, except for new subdivisions where the developer shall be responsible for planting boulevard trees. The planting and maintenance of trees within public residential street rights -of- way, not included in the City's master street tree planting plan, shall be the responsibility of the abutting property owners. In such cases, the property owner shall first obtain, from the City Forester, a written permit to plant, in accordance with the requirements of this subdivision. Section 9.10 Subd. 7 (Commercial/large vehicle parking) Omit reference to "commercial vehicle Subd. 7. It is unlawful to park any vehicle in excess of nine thousand j9,000) pounds gross vehicle weight upon any residential street for a continuous period of more than six in hours. 2 Revised 5/12/00 Revised 5/12/00 Section 10.01 Subd. 1.B "other refuse" definition) Change "other refuse" reference to "refuse B. Other Refuse means ashes, nonrecyclable glass, crockery, cans, paper, boxes, rags and similar nonputrescible wastes (does not decay or have foul odor), and construction or demolition debris, and wood except when stored as firewood in comvliance with section 11.10 Subd. 32.C. Section 10.01 Subd. 2.A through D (Refuse storage requirements) Change "other refuse" reference to "refuse A. It is unlawful for any person to store garbage or ether refuse on residential dwelling premises for more than one �1 week. All such storage shall be in watertight, metal or plastic containers of not less than five (5) gallons with tightfitting covers, which shall be maintained in a clean and sanitary condition; provided, that yard waste may shall be stored in biodegradable plus bags and tree limbs must shall be stored in bundles weighing no more than sixty (60) pounds and no longer than four 01 feet. B. It is unlawful for any person to store garbage or eta refuse or recyclables on multiple dwelling premises for more than one week. Such storage shall be in containers as for residential dwelling premises, except that so called dumpsters" with close fitting covers may be substituted. C. It is unlawful for any person to store garbage or ether refuse on commercial establishment premises for more than one ill week, or for a shorter period when collection must be made at more frequent intervals to protect the public health or at the direction of the City. It is unlawful for any person to store recyclables on commercial establishment premises for more than one a) week. Such storage shall be in containers as for residential dwelling premises, except that so called "dumpsters" with closefitting covers may be substituted. D. In residential dwelling areas, storage containers for garbage, ether refuse and recyclables shall be permitted at the curb or other collection point from 6:00 p.m. of the night preceding collection day until 10:00 p.m. on the designated collection day. At all other times, such containers must be stored inside the dwelling unit or garage or at a point behind the front of the dwelling unit or garage. Section 10.21 Subd. 2.D.1 (Turfgrass maintenance standards) Change maximum allowable turgrass height from six to eight inches. 1. All vegetation shall not exceed a height of si* eight Clinches, measured from the base at ground level to the tip of each stalk, stem, blade or leaf. 3 a1/ Revised 5/12/00 Section 10.53 (Property maintenance requirements) Add new section addressing exterior property maintenance including firewood storage. Subd. 1. Building Appearance and Maintenance Requirements: A. Any building or structure other than accessory buildings on farms is a public nuisance if its exterior does not comply with the following requirements: 1. An owner, lessee, or occupant of property or a dwelling may not allow the accumulation of dirt or filth on the exterior premises occupied or controlled in a manner that could create a health hazard to the dwelling occupants or the general public. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. 2. No part of any exterior surface shall have deterioration, holes, breaks, gaps, or loose or rotting siding. All exterior surfaces including, but not limited to. doors, door and window frames, cornices, porches and trim, shall be maintained in a good condition. Exterior wood surfaces, other than decay- resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. 3. Every exterior surface which has had a surface finished, such as paint, applied shall be maintained to avoid noticeable deterioration of the finish. No wall or other exterior surface shall have peeling, cracked, chipped, or otherwise deteriorated surface finish on more than twenty percent (20 of: a. Any one wall or other flat surface b. All door and window moldings, eaves, gutters. and similar projections on any one side or surface. 4. Every window, exterior light fixture, skylight, door and frame shall be kept in sound condition, good repair, weather tight. and shall be maintained free from cracks and holes. 5. All cornices, moldings, decorative features, lintels, sills, bay or dormer windows, and similar projections shall be kept in good repair and free from cracks and defects which make them hazardous or unsightly. 6. All siding and masonry joints as well as those between the building envelope and the perimeter of windows. doors, and skylights shall be maintained weather resistant and water tight. 7. Roof structures, including but not limited to drains, gutters, and downspouts shall be maintained in good repair. All roof drainage systems shall be attached securely. 4 DZ. 8. Chimney, antennae, air vents, and other similar projections shall be structurally sound and in good repair. Such proiections_shall be attached securely, where applicable, to an exterior wall or roof. 9. Retainin walls shall be structurall sound and in ood r air. Revised 5/12/00 10. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a sound state of repair and maintained free from hazardous conditions. 11. All foundation walls shall be maintained so as to prevent the'entry of rodents. 12. Every exterior stairway, ramp, deckporch balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, anchored and capable of supporting *the imposed loads. 13. Every handrail and guardrail shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. Subd. 2. Exterior Property Public Health and Safety Requirements A. Anj' building_or structure in the City which is found by an authorized employee or agent of the City to be dangerous to public safety, health or property by reason of the following is hereby declared to be a public nuisance: 1. Damage by fire; 2. Defective chimneys or stovepipes; 3. Dilapidated condition or decay; 4. Defective electrical wiring; 5. Defective gas installations; 6. Defective heating apparatus; 7. Defective sewage disposal system; 8. Defective plumbing, or; 9. Any other defect endangering the public safety, health, or other property. B. Any buildin&or other structure which is damaged, decayed, dilapidated, unsanitary, unsafe, vermin or rodent infested, or which lacks provisions for basic illumination, ventilation, or sanitary facilities to the extent that.the defects create a hazard to the health, safety, or welfare of the occupants or of the public, may be declared unfit for human habitation. C. Whenever any building has been declared unfit for human habitation, an authorized employee or agent of the City shall order same vacated within a reasonable time and shall post a notice on the property which shall: a) be in writing, b) include a description of the propertv sufficient for identification, c) include a statement of a reason or reasons why it is being issued, d) include a description of the repairs and improvements required to bring the dwelling into compliance with the provisions of this Chapter, and e) include a statement of time allowed to correct the violations. Subd. 3. Firewood Storage. Firewood shall be stored in accord with the following: A. Wood shall be stored or kept in neat and secure stacks (maximum of four (4) stacks), each of which shall be no higher than five (5) feet, with the combined wood stacks not exceeding a volume equal to five (5) feet high by ten (10) feet wide by twenty (20) feet long. The wood stacks shall be elevated at least four (4) inches above grade. B. Unless screened by a solid fence or wall, stacks shall not be closer than five (5) feet to the property line. C. The stacks shall not be infested with rats, rodents, vermin, or insects. D. The wood shall not be stored or kept in the front yard or yard that is commonly considered the front yard of any lot. E. Fallen trees may be stored for up to thirty (30) days. Revised 5/12/00 F. No wood stored outside shall be located within five (5) feet of an inhabited building or structure. Section 11.10 Subd. 19.E (Parking limitations on large vehicles) Delete the section in its entirety. Section 11.10 Subd. 20 (Fence requirements) Change to 1) prohibit barbed wire fences in residential zoning districts 2) require the "finished" side of the fence to face outward; 3) establish a maximum fence height of forty two inches in the front yards of residentially zoned property; and 4) allow fence heights of up to eight feet in industrial zoning districts. A. Construction and maintenance. 1. Every boundary line fence shall be maintained in a condition of reasonable repair and shall not be allowed to become a public or private nuisance. 2. Above ground, electric boundary fences shall ems} be permitted only in the Agriculture (A) district when the property is an active farm 3. The finished side of all fences shall face away from the fence owner's lot. 6 a/y Revised 5/12/00 B. Residential district fences. In all parts of the City zoned residential, boundary fences shall be subject to the following requirements: 1. Fences on all corner lots erected within thirty (30) feet of the intersecting curb line shall be subject to traffic visibility requirements (see subdivision 7 of this section). 2. In side or rear yards, fences shall not exceed a maximum height of six (6.) feet. 3. In front yards, fences shall not exceed forty two (42) inches in height. 4. Barbed wire fences shall be permitted only in non residential zoning districts. C. Business and industrial fences. Property line fences within all business and industrial districts shall not exceed si* eight fa) feet in height, except by conditional use permit that 7 ass ITEM EXISTING REQUIREMENT(S) PROPOSED REQUIREMENT (S)* Definition Accessory use or structure a structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto Accessory Building an accessory structure detached from the principal structure, having a roof and walls to provide weather protection. This includes detached garages, storage sheds, gazebos and similar structures. A carport attached to an accessory building is considered part of that accessory building, Setbacks Front and street side 30 feet Interior side 5 feet Rear 15 feet (10 foot setback applied as policy) Front and street side same Interior side same Rear 10 feet Size Regulated via lot coverage and subordinate size requirement Total square footage may not exceed 1,100 square feet (except via CUP) and subordinate size requirement Lot coverage Maximum 20 percent for all site buildings Same Height 2 'h stories Same Exterior material. No regulation Similar and compatible to those of the principal building. Also must match principal building in color Quantity No regulation No more than 2 detached structures (except via CUP) Agenda Information Memo June 20, 2000 Eagan City Council Meeting F. CITY CODE AMENDMENT (ACCESSORY BUILDINGS) CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an Amendment to Chapter 11 (Zoning Regulations) of the City Code addressing accessory building requirements and direct the City Attorney to prepare an amendment suitable for publication. FACTS: D This effort was initiated by the City Council and reflects procedural changes recommended by the APC. D Based upon past experience (and discussions with members of Protective Inspections), it has become evident that several provisions of the City's accessory building standards are unclear. Of specific issue are accessory building setbacks and the means by which maximum allowable accessory storage area is determined. This lack of ordinance "clarity" has resulted in inconsistent interpretations within the Community Development Department. D The following is a summary of accessory building requirements currently applied within R -1, Single Family Residential zoning districts in the City and those proposed within the attached draft amendment. aid At their regular meeting on May 23, 2000, the Advisory Planning Commission held a public hearing to consider the Amendment and recommended approval. ATTACHMENTS (2) Minutes of the May 23, 2000 APC meeting, pagegD/ P Draft City Code Amendment, pages O W g through= 9 Advisory Planning Commission May 23, 2000 Page 2 Planner Kirmis reviewed a revision of the draft property maintenance amendment (dated 5/12/00) to the Eagan City Code which incorporates the fence related modifications suggested by the Advisory Planning Commission at the May 11, 2000 workshop meeting. He discussed the following changes to the previous draft: Clarify that electric boundary fence regulation shall pertain only to above ground fences. Establish a maximum fence height of forty two (42) inches in the front yards of residentially zoned property. Stipulate that fences greater than eight (8) feet in height within business and industrial districts may be allowed via conditional use permit. The Commission agreed with the proposed revisions. Member Steininger moved, Member Huusko seconded a motion to recommend approval to an amendment to the Eagan City Code related to property maintenance. All voted in favor. Definition of accessory use or structure Setbacks Size Lot coverage Height Exterior material Quantity All voted in favor. OLD BUSINESS CONSIDERATION OF ORDINANCE AMENDMENTS Planner Kirmis reviewed a draft amendment to the Eagan City Code (dated 1/13/00) which addresses accessory buildings. He summarized the following accessory building requirements: The Commission agreed with the proposed changes. DRAFT Member Segal moved, Member Steininger seconded a motion to recommend approval of an amendment to the Eagan City Code regarding accessory buildings. PROPOSED ACCESSORY BUILDING RELATED CODE MODIFICATIONS Section 11.03 (definitions) Add the following definitions: Accessory Building means an accessory structure detached from the principal structure, having a roof and walls to provide weatherprotection. This includes detached garages, storage sheds, gazebos and similar structures. A carport attached to an accessory building is considered part of that accessory building. Accessory Use means a subordinate use that is located upon the same lot on which the primary use is situated and which is reasonably necessary and incidental to the conduct of the primary or main use Deck means a horizontal, unenclosed platform with a structural framing support system, attached or functionally related to a principal use or dwelling. A deck may include attached railings, seats, trellises, or other features. Garage. Private means an accessory building (detached) or use (attached) designed primarily for the storage of personal motor vehicles. Height of Building or Structure means the vertical distance measured from the average elevation of the highest and lowest points within a five (5) foot horizontal distance from the exterior building foundation to the highest point of the coping of a flat roof, the deck line of a mansard roof, or the average height of the highest gable of a pitched or hipped roof. Patio means a recreation area that adjoins a dwelling at grade level, is often paved, and is typically designed especially for outdoor dining. Porch means a portion of a principal structure with a roof to provide weather protection, but not intended for year round use or habitation. Swimming Pool. Outdoor means any structure, basin, chamber or tank containing an artificial body of water for swimming, diving or recreational bathing used in connection with a single family dwelling and having a depth of more than twenty four (24) inches at any point and a surface area exceeding one hundred fifty (150) square feet. PROPOSED ACCESSORY BUILDING RELATED CODE MODIFICATIONS Section 11.03 (definitions) Add the following definitions: Accessory Building means an accessory structure detached from the principal structure, having a roof and walls to provide weather protection. This includes detached garages, storage sheds, gazebos and similar structures. A carport attached to an accessory building is considered part of that accessory building. Accessory Use means a subordinate use that is located upon the same lot on which the primary use is situated and which is reasonably necessary and incidental to the conduct of the primary or main use Deck means a horizontal, unenclosed platform with a structural framing support system, attached or functionally related to a principal use or dwelling. A deck may include attached railings, seats, trellises, or other features. Garage, Private means an accessory building (detached) or use (attached) designed primarily for the storage of personal motor vehicles. Height of Building or Structure means the vertical distance measured from the average elevation of the highest and lowest points within a five (5) foot horizontal distance from the exterior building foundation to the highest point of the coping of a flat roof, the deck line of a mansard roof, or the average height of the highest gable of a pitched or hipped roof. Patio means a recreation area that adjoins a dwelling at grade level, is often paved, and is typically designed especially for outdoor dining. Porch means a portion of a principal structure with a roof to provide weather protection, but not intended for year round use or habitation. Swimming Pool, Outdoor means any structure, basin, chamber or tank containing an artificial body of water for swimming, diving or recreational bathing used in connection with a single family dwelling and having a depth of more than twenty four (24) inches at any point and a surface area exceeding one hundred fifty (150) square feet. ai 9 Section 11.03 (definitions) Delete the following definitions: Section 11.10 Subd. 5 (Accessory Buildings, structures and uses) Amend to read as follows: A. General Standards. 1. No accessory building or structure other than a fence or a temporary construction office shall be permitted on any lot in -orR a residential zoning district prior to the time of construction of the principal building to which it is accessory, except a residential garage, which prior to the construction of a residence can be used only for storage purposes pertaining to and until the completion of the main structure. 2. Accessory buildings greater than one hundred fifty (150) square feet in size shall exhibit finish materials similar and compatible to those utilized on the principal building and match the principal building in color. 3. Accessory buildings shall be maintained in a manner that is compatible with adjacent uses and does not present a hazard to public health, safety andgeneral welfare. B. Agricultural Uses. Buildings and structures accessory to farming operations are exempt from the requirements of this subdivision except that a building containing more than two a) animal units shall not be less than ,fifty (50) feet from a lot line. C. Detached Single Family Uses. 1. No accessory use, building, or equipment shall be allowed within a required front yard setback. With the exception of an attached garage, no accessory building, structure or equipment may be placed within a front yard. 2. No buildingpermit shall be issued for more than two (2) detached accessory structures for each single family dwelling, except by conditional use permit. 3. No accessory building shall exceed the size of the principal structure. Revised 1/13/00 4. Accessory buildings greater than one hundred fifty (150) square feet in size shall comply with the following setbacks: D. Other Uses. E. Swimming Pools. From side yard Interior 5 feet Corner 30 feet From rear yard 10 feet Revised 1/13/00 5. The total floor area of a detached accessory building and any attached garage shall not exceed one thousand one hundred (1,100) square feet, except by conditional use permit. 6. No accessory building or structure shall exceed sixteen (16) feet in height. 1. Buildings and structures accessory to uses other than farms and single family detached dwellings shall conform to the principal building setback requirements specified for the respective zoning district in which they are located. 2. Buildings and structures accessory to uses other than farms and single family detached dwellings shall not exceed the district height limit or the height of the principal building, whichever is less, except as otherwise allowed by this chapter. 1. The interior vertical wall of swimming pools shall not be closer than ten (10) feet to any side or rear lot line. 2. No swimming pool shall be located beneath or within ten (10) feet of any overhead utility lines or over any underground utility lines. 3. All outdoor swimming pools shall be completely enclosed by a security fence or wall at least four f4) but not more than six feet high and located at least four (4) feet from the edge of the pool. The bottom of the fence or wall shall be no higher than four inches above the surface of the ground. Fence openings or points of entry to the pool area shall be equipped with self closing and self latching lockable gates. er-feetheids. 4. No swimming pool shall be used, kept, maintained or operated in such a manner as to constitute a nuisance or as to be hazardous to health, life or property. All swimming pools shall have and operate adequate equipment to filter and otherwise keep the water clean and free from contamination. F. Conditional Use Permits. Application for a conditional use permit under this subdivision shall be regulated by Section 11.40 Subd. 4 of this Chapter. Such a conditional use permit may be granted provided that: Revised 1/13/00 1. There is a demonstrated need and potential for continued use of the structure and the purpose stated. 2. In the case of residential uses, no commercial or home occupation activities are conducted within the accessory building or attached garage. 3. The building has an evident re -use or function related to the principal use. 4. The .rovisions of 11.40 Subd. 4.0 of this cha.ter shall be considered and a determination is made that the proposed activity is in compliance with such criteria. Section 11.10 Subd. 6 (Required Yards and Open Space) Add Subd. E. to read as follows: E. The following shall not be considered as encroachments on required yard setbacks: 1. Air conditioning or heating equipment, chimneys, flues, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and similar features, provided they do not project more than thirty (30) inches into the required yard. 2. Decks, patios, balconies, stoops, or other similar features provided they do not extend more than thirty (30) inches above the finished grade and a distance greater than eight (8) feet into a required front yard, five (5) feet into a required side yard and five (5) feet into a required rear yard and provided they do not encroach upon a public easement. 3. In rear yards, recreational equipment and clothes lines, arbors and trellises, gazebos, breezeways, detached accessory buildings, air conditioning or heating equipment may encroach to a point not less than ten (10) feet from the rear lot line. Section 11.20 Subd. 6.A (Minimum area, setback, and height requirements for residential uses) Amend to read as follows: A. The following table sets forth the minimum area, setback, and height requirements for residential uses: Maximum Height Limitations 21/2 stories sapo2s VZ 21/2 stories 3 stories i I I Rear yard Setback Accessory .0 .01 .01 ,Ol .01 Unit .0£ ,0£ S1 ,S 1 .0£ .0£ Side yard Setback Garage or Accessory I Structure rn ,01 .01 1!uf1 2 ulllanMQ ,0£ ,0£ .01 .01 ,0£ .0£ Front Yard or Setback Along Public Street .0£ ,0£ .0 .0£ ,0£ ,0S .00£ .001 ,58 .001 .001 Lot Area 5 -ac. per dwelling unit 20,000 sq. ft., 1 ac. w/o municipal sewer water 12,000 sq. ft., 1 ac. w/o municipal sewer water 8 'bs 000`51 6,000 sq. ft. per unit See Sec. 11.20, Subd. 6 -B See Sec. 4.40 of City Code Chapter 4 Shall be constructed according to the standards in R -1, R -2, R -3, or R-4 district, depending upon the design of the proposed development. Use District Agricultural a;elsg Single family aignoQ Townhouse BuipannQ aidginw sawoH al!gow Manufactured Homes 0 a Q w 1 Z V 5 aa/ Minimum Area, Setback and Height Regulations Residential Buildings 150 sq. ft. and under 5 ft. from rear property line MEMORANDUM EAGAN POLICE DEPARTMENT 3830 Pilot Knob Road Eagan, MN 55122 651- 681 -4700 651- 681 -4738 FAX DATE: June 15, 2000 TO: Chief Kent Therkelsen FROM: Detective Doug Matteson SUBJECT: On sale Wine and Beer License; Madra's Palace Restaurant Mylappan Napappan, President of Sri Krishna Inc, dba as Madra's Palace has made application for an on sale beer and wine license with the City of Eagan. Mr. Napappan has a purchase agreement in place to purchase the existing Chutney's Indian Bistro Restaurant, located at 1260 Town Center Drive in the Town Center Shops. A tentative closing date is set up for July 1 2000 and this item is currently on the June 20 council agenda. Mylappan Napappan currently operates the Udupi Cafe in Columbia Heights, and is licensed for On sale Beer and wine in that municipality. The City of Columbia Heights has had no complaints regarding beer or wine sales at this establishment. I am unable to locate any criminal history on Mr. Napappan and further I cannot find a reason to deny the applicant the requested license. Chief, I conclude that the applicant has met the requirements in the criminal background investigation as set forth in the ordinaince. Minnesota Department of Public Safe d'tk` I a LIQUOR CONTROL DIVISION 4*::� -Z' r 444 Cedar St., Suite 100 L. St. Paul. MN 55 10 1- 2 156 (612)296 -6434 TTY (612)282 -6555 APPLICATION FOR COUNTY /CITY ON -SALE WINE LICENSE (Not to exceed 14% of alcohol by volume) EVERY QUESTION MUST BE ANSWERED. If a corporation. an officer than execute this application. If a partnership, a partner shall execute this application.(PS 9114.94) L /21C� V I T R.dYC Y' 1 rY Workers compensation inmirance company. Name at n;/1 fk,J Inc/4-446k_ Policy BP 4 302-5 t LICENSEE'S SALES USE TAX II) To apply for sales tax call 296-6 18 I or 1- 800 -657 -3777 Applicants Ns* n--- (nun w on S I� h' s Trade Name or DBA M 0 OP Ps P9 LAr Dosiness Address I o Otis (0 ih¢� �r i Vt- Business Phone Applicant's florin P e 40 a i- c C •Q a county Stare NA) Code /5 Is thy application !A' a s 2 Transfer If a transfer, give name of fonner owner License period From To If a corporation, give name. title. address and date orbit of each offices. If a partnership. give name, address a od dale of birth of each partner. „Ratner/Officer Name and title M y)aPPan iva p4,>) Address 3 h".P c O 1.400 J» ao°L .cA Qoi DOB Partner /Officer Name and Titre Address MN 61 DOB Partner /OB 14;er Name and Title Address DOB Partner /Offia-r Name and Title Address DOB CORPORATIONS Dae of ncorpora lm Sae of noapaaion Certificate Number I I Is ogpaa im suthorirodto do business n \fnnesaa? �✓5 es C No Ifa subsidiary of anaha oorpatim. give name and address ofparas oorporaim BUILDING AND RESTAURANT Name of building muter NEC FI /i oQ 1 6 L Pio-incy140 a Neu' pa, twna's addrss 34 'o �1'' Sf' /ot, L= Are Prcpaty Taxes delinquent? Yes No Ilasthe buildngowna any cam edim, direct a indirect, with the "pliant? Yes ludo Rat auras sea ngapacty h r 0 Hours food will be available 11 0 /0 No. of people reaaurat artploys I No. ofmarthspa year reeaurat 4 I will be open j,, Atz4 ->Z1. w Will f service be the premPle business? cs No Desatihethe premises t o he Boon sed tithe rat aural is n omj un a ion wih an aha bus ness(resat,ac.), desa business OTHER INFORMATION Yes tZ'Ao 1. 1 las the applicant or associates been granted an oa -salt non intoxicating malt beverage (32) and/or a "set -up" license in conjunction with this wine license? 0 Yes !mN 2. Is the applicant or any of the associates in this application a member of die county board or the city council which will issue this license? Ifyes, in what capacity? (Vibe applicant is the spouse of a member of the governing body, or another family relationship exists, the member shall not vote on this application.) L Yes G-14' 3. During the past licxaseyear, has a summons been issued under the liquor civil liability(Dram Shop) (M.S. 340A.802). If yes, attach a copy of the summons. NO LICENSE WILL BE APPROVED OR RELEASED UNTIL THE S20 RETAILER ID CARD FEE IS RECEIVED BY MLC. Yea ceKi; 4. Ilas applicant, partners, officers or employees ever had any liquor law violations in Minnesota or elsewhere. If so. give names, dates, violations and fatal outcome. Ycs :1 5. Does any person other than the applicants, have any right. title a iotaco in the furniture. fixtures or equipment in the licensed premises? If yes, give names and details. Yes &WO 6. Howe the applicants any interests, directly or indirectly, in any other liquor establishments in Minnesota? If yes, give one and address of the establishment I CERTIFY TIIAT 1 HAVE: READ THE ADO QUESTIONS AND THAT THAT-ME ANSWERS ARE TRUE ANJ CO CT TO THE BEST OF MY OWN KNOWLEDGE. N C s (70 Si c of plicant Date The licen,z ejnust live one of the following: (]led: am 0 A. Liquor Liability Insurance (Dram Shop) 550,000 per person; S100.000 more than oue person: S10,000 property destruction; S50.000 and S100.000 for loss of means of support. ATTACH "CERTIFICATE OF INSURANCE" TO THIS FORM. 27D. A Surety bond from a surety company with minimum coverage as specified above in A. C. A certificate from the State Treasurer that the Licensee has deposited with the State. Trust Funds having a market value of S 100,000 or S 100.000 in cash or securities. IF LICENSE IS ISSUED BY THE COUNTY BOARD, REPORT OF COUNTY ATTORNEY D Ycs 0 No I certify that to the be of my knowledge the applicants named above are eligible to be licensed. If no. state reason. Signature County Attorney County Date REPORT BY POLICE OR SHERIFF'S DEPARTMENT This is to certify that the applicant and the associates, named herein have not been convicted within the past five years for any violation of Laws of the State of Minnesota, Municipal or County. Ordinances relating to Intoxicating Liquor, except as follows Signature Title Department Name IMPORTANT NOTICE ALL RETAIL LIQUOR LICENSEES MUST HAVE A CURRENT FEDERAL SPECIAL OCCUPATIONAL STAMP. THIS STAMP IS ISSUED BY THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS. FOR INFORMATION, CALL (612)290 -3496 D :ifE ON SALE FEE OFF SALE FEE TEMPORARY FEE 525.00 APPLICATION FOR PLEASE PRINT q APPLICANT 1 1'{ 'J ->f 14 Address 35_2(13_11C Q k l il SS ir s'T iddlei (City) (State) (LP) (City) (State) (ZiP) Phone Birthdate irthdate Phone Birthdate PGA Al D ir A NAME A A s 1 P C MANAGER'S NAME 2 O —1—o w (Last) (First) (Middle) I Address (O l N C 6- (kite CD OAddress (Street) (Street) (City) Phone STRONG BEER: )/Yes No AUTHORIZED SIGNATURE CITY COUNCIL APPROVAL (Street) S? TRU—. S5'! (ate) (FUt) 111 CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122 Rip) MALT LIQUOR LICENSE /17f; r A p p OWNER 's NAME NI y I� N N CJ A ?4 (Last) 5, (First) (Middle) (Street) Address (City) (State) (Zip) Phone Birthdate HEREBY APPLIES FOR MALT LIQUOR UCENSE for the year from to tb�. L. OOP (month) ty tl (date) (month) (date) Event: Location: (for temporary license) (Address) Applicants who have an on-sale wine license, and have 50% gross eamings from food, may sell strong beer without an additional license. Applicants who elect to sell strong beer must carry liquor liability insurance Are you the actual proprietor? Yes P's No ('P Are you the owner of the property of the business location? Yes No (1� 1 Has any other license of this kind been granted to you? Yes (lo G O o Where L .i m "J 1 4 '1 1 4 S (City) (Year) Are any taxes, assessments or utility bills for the premises unpaid or delinquent? Yes No (yes, give reason. During the past year, has a summons been issued under the Liquor Civil Liability Law MS 340A.802? Yes No 4 tf yes, attach summary copy Have you ever been convicted? Yes No lK 6 Rf' (Other than a traffic offense) Is this a joint ownership or silent partnership? Yes No If yes, please attach a listing of complete names, dates of birth, addresses and telephone numbers of everyone involved. 1 HEREBY VERIFY THAT THERE HAS BEEN NO CHANGE IN OWNERSHIP OR MANAGERS IN THE PAST YEAR. I FOR CITY USE ONLY POLICE APPROVAL: YES NO YES NO (Full Middle) (Last) NEW RENEWAL TEMPORARY THE LICENSEE HEREBY AGREES TO INDEMNIFY AND HOLD EAGAN HARMLESS FROM ANY AND ALL CLAIMS OR SUITS INCLUDING ATTORNEYS FEES AND OTHER DEFENSE COSTS, WHICH THE CITY OF EAGAN MAY INCUR BY REASON OF ANY ACTIVITIES ARISING FROM THE GRANTING OF THIS 3.2 BEER LICENSE. I (we) HEREBY AGREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF MINNESOTA AND THE ORDINANCES OF THE CITY OF EAGAN. THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. r SIGNED DATED SIGNED DATED: 06/14/2000 14:37 4528978 NDCCHAMBER PAGE 01 4528978 March 17, 2000 Tom Hedges or Parade Permit Registration 44 City of Eagan 3830 Pilot Knob Rd Eagan, MN 55122 Dear Permit Registration Personnel; The Eagan Lions Club would like to put on their FunFest parade on Tuesday, July 4th at l O:OOam. The route is the same as the past two years up Blackhawk Road beginning at Diffley Road and ending at the festival site at Blue Cross Road. We invite the City to be a part of the parade and 1 have enclosed a registration form to be sent to the Lions Club. We are also requesting police personnel for parade traffic help. We usually have about 85 entrants and the parade lasts about 1 112 hours. My prior records show that we pay $25 for a parade license and $75 for a carnival license. (id wnul, D 2.1)rw 4 cs c.k Cott/ .Pivt Sincerely, 444 Ann Carlon 1474 Yankee Doodle Road Eagan, Minnesota 55121.1801 Phone 651. 45 2 4188 Fax 651 452.8978 1- 800-EAGAN-20 CITY OF EAGAN TIA ItAis. 1 GNI\ COAvE noN art,SITORS BUREAU WwW.eaganrnr).com ,TEL= 6516814612 06/14'00 14:31 Permit fee: $25.00 Date: (V //c I, Cov(Gv A E NAME Last First Middle Permit for /y /Q6 Date organization is: r� &1 dnv i d n t Usi4s ,l�u /y7 be Name of Street Address fc q zp-e ✓Y/J 3 Telephone 6iJ 1/.S d l t 7 City State Zip Describe the route, the length, estimated time of commencement and termination and the general composition of the /parade: 1 4f/ y D, tii -era ma-telLt;-7 �lr �lo� /(r ds Authorized Signature: The Chief of Police will review the parade route, examining possible hazardous or inconvenient conditions. He shall make arrangements for alternate routing of traffic and any other traffic control measures. His findings will be presented to the City Council. The Council may deny or grant the permit, and/or add conditions including a date, time or route. For City Use Only: Police Approval: Y parade.61 First PARADE PERMIT APPLICATION No Signed City Council Approval: Yes No CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122 7 4 .Lr hereby make application for a Parade from the City of Eagan. The sponsoring S a 1,4 4% Full Middle Last 6//000 Date Signed Date $50.00 Investigation Fee $?5.00 License Fee I,,4» 4,4) G license from the City of Eagan, which will take place on 7 Yid a dates /c/tcrr. y 91/4K is: 4/A 9 a4i I represent /r/ Ld 1 4� name of organizatio i u lee Names and addresses of corporation officers: r l0 �o S7 ,T6)/ /yfiv l g53 address phone name name name hours name Person in charge of event: c) is v S/ f address L/ /a birthdate CITY OF EAGAN Date APPLICATION FOR SHOWS LICENSE [Shows: public show, movie, caravan, circus, carnival, exhibition, theater] n hereby make application for a 4 "f type of show location address address address during die hours of The purpose of the event phone phone phone phone ,1 c /1)ry middle name �J-7- 1 /I"d- 9f 7,. phone ea, /c social security number MAKE CHECK PAYABLE TO: CITY OF EAGAN. Licenses are issued for a specific period and will be issued to qualified individuals or firms only. Failure to provide true and correct information shall constitute a violation of the ordinance in question and in addition to penalties, the license of any applicant may be revoked. ss*sss*sssss: ssssss sssssss sss ssssssssss s *sit s*s ssss sss ssss** s sssssssssssssss*sssss*ssssssss *sets* FOR CITY USE ONLY: 6/i6 /cam Date City Clerk Approval Date 4.91